According to the United Nations Special Rapporteur on Torture, “Solitary confinement, when used for the purpose of punishment, cannot be justified for any reason, precisely because it imposes severe mental pain and suffering beyond any reasonable retribution for criminal behaviour.” The New York legislature passed the Humane Alternatives to Long-Term Solitary Confinement Act (HALT) explicitly to align with international human rights standards banning prolonged solitary confinement as torture, in light of the severe mental pain and injury to basic human dignity the practice inflicts.

Yet almost years after HALT was signed into law, New York’s prisons and jails continue to violate both the spirit and letter of the law. Implementing regulations for HALT proposed by the New York Department of Corrections and Community Supervision (DOCCS) contain overbroad exceptions that permit the ongoing torture of people with disabilities and for minor infractions.

In February 2023, RFK Human Rights wrote a letter to the DOCCS, highlighting the ways in which current regulations violate HALT, and provided recommendations to cure these violations.

What solutions exist?

Revisions to DOCCS proposed regulations should include:

1. The regulations must comply with HALT’s limitations on the types of conduct that are eligible for placement in segregated confinement or alternative RRUs.
2. The regulations must follow HALT’s ban on solitary for all people with mental health needs and all people with any disability.
3. The regulations must require that step-down programs, administrative segregation, and any other units comply with HALT’s protections for SHU and RRU.
4. DOCCS must ensure that people confined in Residential Mental Health Treatment Units are afforded the rights and protections specified by HALT.
5. The regulations must follow HALT’s requirement to prioritize non-disciplinary responses.
6. The regulations must facilitate, rather than block, people’s access to representation under HALT.

Proposed restrictions on human rights to contact with loved ones must also be rescinded to ensure visits with family, friends, and loved ones, and to restore care packages and direct mail.

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February 2023

Letter to the DOCCS on Solitary Confinement