In new court filings, the Department of Corrections and Community Supervision (DOCCS) contends they do not have enough department staff to meet the needs of some of its facilities. “Staffing crises alone should not be the basis of an emergency. DOCCS has been struggling to staff their facilities for years now,” said Lauren Stephens-Davidowitz, an attorney with the Legal Aid Society’s Prisoners Rights Project.The nonprofit is suing DOCCS over its stalled implementation of the controversial Humane Alternatives to Long-Term Solitary Confinement (HALT) Act following statewide strikes over working conditions in state prisons. Earlier this month, an Albany Supreme Court judge ruled in their favor, ordering DOCCS to provide the court with written justifications of the emergency situation on a facility-by-facility basis. Commissioner Daniel F. Martuscello filed a 96-page affirmation responding to the order, but Legal Aid Society says the new audit did not include the details required to justify suspending HALT. The 2022 policy was a central point of contention during a three-week-long, wildcat strike at DOCCS facilities, which severely destabilized the state’s prison system. The strikes prompted an executive order from Gov. Kathy Hochul, which declared a statewide disaster emergency and ordered the state National Guard to active service to supplement prison staffing when 75 percent of the security personnel had walked off the job. This order remains in effect. A chief demand of the striking workers was to totally repeal HALT, but their protests only resulted in a temporary, partial suspension as part of a deal between DOCCS and the New York State Correctional Officers and Police Benevolent Association (NYSCOPBA).More than four months later, HALT remains suspended in more than half of DOCCS facilities, according to Martuscello’s filing.”The significant staffing shortfalls we face following the illegal job action forces each facility to make difficult choices about how to mobilize limited resources, making it impossible for some facilities to fully operationalize HALT programming,” he wrote.Facilities where HALT is fully restored:AlbionCoxsackieElmiraGreeneHudsonBedford HillsBare HillCape VincentFranklin Green HavenRiverviewShawangunkUlsterWoodborne Facilities where HALT is partially restored:AtticaAuburnCayugaCollinsFishkillFive PointsGouverneurSing SingAdirondackLakeviewUpstate EasternGrovelandMarcyWashingtonWendeWyomingFacilities where HALT is completely suspended: Mid-StateMohawkClintonThere are seven facilities that Martuscello did not address because they do not have solitary housing.Clinton Correctional Facility in Dannemora was 91 percent staffed before the corrections officers’ strike, the documents stated. Today, the vacancy rate is 31 percent. The prison population is 1496. That’s a 2.7 to 1 ratio for inmates to security officers.The Clinton audit details specific challenges that are straining their staffing struggles, including its large infirmary which offers daily clinics and provides intake to local facilities and require around-the-clock security. Clinton also offers a number of staff intensive mental health treatment programs.Referred to as ‘special housing’, Clinton has a 24 solitary units, which are near full capacity at all times.The filings also describe a recent and significant rise in unusual incidents, including an increase in “intoxicated behaviors”. Approximately 80 inmates were reportedly under the influence of an unknown substance in the last month. NBC5 confirmed three, following exposures on June 11 and July 3.Stephens-Davidowitz said these details don’t meet the court’s mandate.”He didn’t say at which facilities he is declaring an emergency. He didn’t say the amount of out-of-cell time that is being provided to people at each of the DOCCS facilities. And he didn’t say when restrictions on out-of-cell time would be lifted,” she said.Kariem Tomlin, 45, is a plaintiff in Legal Aid Society’s lawsuit against DOCCS and is incarcerated in general population at Clinton.The initial court petition claims that during the strikes, Tomlin was held in his cell 24 hours a day, and for several days, hot water was distributed to cells so inmates could bathe without leaving. Under the post-strike HALT suspension, Tomlin claims to be held in his cell 21.5 hours a day. Meantime, DOCCS is understaffed by 4,700 and is still relying on National Guard members to supplement their operations. “They need to come up with more urgent ways to deal with the crisis,” Stephens-Davidowitz said. “They can release people to medical parole, the governor can grant clemency. They can reduce the prison population.”A memo from Martuscello circulated in April, which directed prison superintendents to identify inmates who quality for an early release. It was met with public outcry and even some calls for the commissioner to resign.Legal Aid Society told NBC5 it had a meeting scheduled with DOCCS Wednesday to avoid another court filing seeking information on the timeline for HALT’s suspension. The organization said they would file for expedited discovery if their request was not met.NBC5 reached out to both Legal Aid Society and DOCCS about the meeting and did not receive a response.A new decision from the court remains pending.
In new court filings, the Department of Corrections and Community Supervision (DOCCS) contends they do not have enough department staff to meet the needs of some of its facilities.
“Staffing crises alone should not be the basis of an emergency. DOCCS has been struggling to staff their facilities for years now,” said Lauren Stephens-Davidowitz, an attorney with the Legal Aid Society’s Prisoners Rights Project.
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The nonprofit is suing DOCCS over its stalled implementation of the controversial Humane Alternatives to Long-Term Solitary Confinement (HALT) Act following statewide strikes over working conditions in state prisons.
Earlier this month, an Albany Supreme Court judge ruled in their favor, ordering DOCCS to provide the court with written justifications of the emergency situation on a facility-by-facility basis.
Commissioner Daniel F. Martuscello filed a 96-page affirmation responding to the order, but Legal Aid Society says the new audit did not include the details required to justify suspending HALT.
The 2022 policy was a central point of contention during a three-week-long, wildcat strike at DOCCS facilities, which severely destabilized the state’s prison system.
The strikes prompted an executive order from Gov. Kathy Hochul, which declared a statewide disaster emergency and ordered the state National Guard to active service to supplement prison staffing when 75 percent of the security personnel had walked off the job.
This order remains in effect.
A chief demand of the striking workers was to totally repeal HALT, but their protests only resulted in a temporary, partial suspension as part of a deal between DOCCS and the New York State Correctional Officers and Police Benevolent Association (NYSCOPBA).
More than four months later, HALT remains suspended in more than half of DOCCS facilities, according to Martuscello’s filing.
“The significant staffing shortfalls we face following the illegal job action forces each facility to make difficult choices about how to mobilize limited resources, making it impossible for some facilities to fully operationalize HALT programming,” he wrote.
Facilities where HALT is fully restored:
- Albion
- Coxsackie
- Elmira
- Greene
- Hudson
- Bedford Hills
- Bare Hill
- Cape Vincent
- Franklin
- Green Haven
- Riverview
- Shawangunk
- Ulster
- Woodborne
Facilities where HALT is partially restored:
- Attica
- Auburn
- Cayuga
- Collins
- Fishkill
- Five Points
- Gouverneur
- Sing Sing
- Adirondack
- Lakeview
- Upstate
- Eastern
- Groveland
- Marcy
- Washington
- Wende
- Wyoming
Facilities where HALT is completely suspended:
- Mid-State
- Mohawk
- Clinton
There are seven facilities that Martuscello did not address because they do not have solitary housing.
Clinton Correctional Facility in Dannemora was 91 percent staffed before the corrections officers’ strike, the documents stated. Today, the vacancy rate is 31 percent. The prison population is 1496.
That’s a 2.7 to 1 ratio for inmates to security officers.
The Clinton audit details specific challenges that are straining their staffing struggles, including its large infirmary which offers daily clinics and provides intake to local facilities and require around-the-clock security. Clinton also offers a number of staff intensive mental health treatment programs.
Referred to as ‘special housing’, Clinton has a 24 solitary units, which are near full capacity at all times.
The filings also describe a recent and significant rise in unusual incidents, including an increase in “intoxicated behaviors”. Approximately 80 inmates were reportedly under the influence of an unknown substance in the last month. NBC5 confirmed three, following exposures on June 11 and July 3.
Stephens-Davidowitz said these details don’t meet the court’s mandate.
“He didn’t say at which facilities he is declaring an emergency. He didn’t say the amount of out-of-cell time that is being provided to people at each of the DOCCS facilities. And he didn’t say when restrictions on out-of-cell time would be lifted,” she said.
Kariem Tomlin, 45, is a plaintiff in Legal Aid Society’s lawsuit against DOCCS and is incarcerated in general population at Clinton.
The initial court petition claims that during the strikes, Tomlin was held in his cell 24 hours a day, and for several days, hot water was distributed to cells so inmates could bathe without leaving. Under the post-strike HALT suspension, Tomlin claims to be held in his cell 21.5 hours a day.
Meantime, DOCCS is understaffed by 4,700 and is still relying on National Guard members to supplement their operations.
“They need to come up with more urgent ways to deal with the crisis,” Stephens-Davidowitz said. “They can release people to medical parole, the governor can grant clemency. They can reduce the prison population.”
A memo from Martuscello circulated in April, which directed prison superintendents to identify inmates who quality for an early release. It was met with public outcry and even some calls for the commissioner to resign.
Legal Aid Society told NBC5 it had a meeting scheduled with DOCCS Wednesday to avoid another court filing seeking information on the timeline for HALT’s suspension. The organization said they would file for expedited discovery if their request was not met.
NBC5 reached out to both Legal Aid Society and DOCCS about the meeting and did not receive a response.
A new decision from the court remains pending.
