By: Michael J. Filicetti
I am sure you have heard much discussion as of late regarding issues at the New York State Department of Corrections and Community Supervision. This agency is tasked with running the prison system throughout New York state.
To clarify, the county correctional facilities or jails are supervised by the elected sheriff and have oversight from the New York State Commission of Correction. New York State employs the prison officers and, in our case, Niagara County and I are co-employers of Niagara County Correction Officers.
Additionally, it is important to note that all prisoners start at a county correctional facility to be held pending trial, pending sentencing and, in most cases, are then sent to a state correctional facility if sentenced to more than one year of confinement. Another often overlooked fact is that defendants facing minor crimes to the most heinous of acts are originally confined in a local correctional facility. At the Niagara County Correctional Facility, we see serious offenders who eventually end up doing state prison time.
With all of that being said, the HALT Act (Humane Alternatives to Long-Term Solitary Confinement), is a New York State law that governs both prison and local correctional facilities. This act has been a point of discussion and discontent among administrators and officers alike since its enactment on March 31, 2022. The HALT Act was enacted to limit segregated confinement to a maximum of 15 days. There is also a prohibition that individuals over 55, under 21, individuals with disabilities and pregnant prisoners not be placed in segregated confinement.
It is important to remember that segregated confinement means that the prisoner is separated from our other facility population. Many have mistakenly used the term solitary confinement or the “hole” interchangeably with segregated confinement. They are two vastly different levels of confinement and quite frankly we do not utilize solitary confinement or the “hole”.
Since the implementation of HALT, we have seen increased violence within the walls of our correctional facility. There has been an increase in assaults on other inmates as well as our correctional staff. Without the ability to remove these violent individuals for extended periods, the work of maintaining order becomes much more difficult. Our current incarcerated population is well aware of the HALT restrictions and has become emboldened to engage in assaults, other types of misconduct and violate jail rules.
Without the latitude to separate these dangerous individuals it hampers our ability to keep vulnerable inmates, such as those with mental health concerns or mental disabilities, safe from harm. As one can imagine, working within our walls as a correction officer has become much more difficult. You are now managing a population that is there because they committed a crime and no longer face serious consequences if they continue their disruptive behavior while in custody.
The HALT Act may sound great on paper, but it is a disaster operationally in a correctional facility.
The New York state legislative majority has done an admirable job of destroying our criminal justice system. From bail reform to less is more, raise the age, discovery and the HALT Act, they have worked hard to give rights to criminals and take them away from you, the law-abiding citizen.
With the weakened justice system outside our walls, we are now seeing only the most disruptive of the bunch in our correctional facility. This combination of criminal justice reforms has created a powder keg within correctional walls across this state.
I again am calling on our New York state majority in the assembly and senate to do the right thing by repealing the HALT Act. Do what is right for the men and women serving bravely, diligently and honorably in our correctional facilities. I can look within the walls of my own correctional facility to see the harm this is causing for our officers and the incarcerated population. As evidenced by the activities at prisons across New York state it is pretty apparent that things have gotten out of control and change is needed there as well.
How much more evidence is needed to show the HALT Act is doing more harm than the purported good it what was created for?
FILICETTI: The HALT Act is a Disaster for Correctional Facilities