Is Solitary Confinement Illegal In New York Prisons?

Are prison guards in New York allowed to put inmates in solitary confinement? The corrections officers who are striking have mentioned that they do not support the HALT Act.

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The prison guards who are striking claim they are facing unsafe conditions due to violence. In 2023, which is the most recent data, there were 1,671 assaults on staff in prisons around New York State. There was a 13 percent increase in violence against staff members from 2022 to 2023. As far as assaults on incarcerated individuals, there were 2,112 in 2023, an increase of 42 percent from 2022 when there were 1,488 incarcerated individuals assaulted. Staff used 2,908 weapons in 2023, up 16 percent from 2022 when staff used 2,511 weapons. In 2024, prisoners filed 1,443 grievances against prison staff.

Are Guards Banned From Putting Prisoners In Solitary Confinement In NY?

Contrary to the narrative being pushed, corrections officers in New York do have the ability to put prisoners in solitary confinement. There are just rules, which help protect prisoners from solitary confinement being abused. The New York Department of Corrections and Community Supervision publishes a report each month documenting the use of solitary confinement in prisons around the state. It provides aggregated details about the use of solitary confinement within the prison system.

For example, as of February 1, 2025, 139 or 58.4% of the inmates being held in solitary confinement were Black. Only 10.9% of the solitary inmates were white, 22.7 percent were Hispanic, and 8 percent were race unknown. When looking at the percentages and statistics, there is a potential for racial discrimination. According to a report by the New York State Division of Criminal Justice Services, "96 percent of the correction officers at Attica are white, while only 1 percent are black. In New York State, 58 percent of the population is white." Racial discrimination was the cause of the deadliest prison riot in U.S. history, which took place at Attica.

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What is The HALT Act?

Due to the illegal strike by prison workers here in New York, the HALT Act has become a buzzword, like DEI. There is a similarity between the two initiatives. Just like with Diversity, Equity, and Inclusion, if things had been done right and justly in the first place, there would be no need for HALT.

See, if companies and hiring managers were hiring qualified people regardless of race, gender, religion, age, disability, etc,. and only hiring based on merit, the need for DEI would have been null and void. Unfortunately, in America, that was not happening. People were being discriminated against, not because they didn't have the education or qualifications, but simply because some other characteristic was deemed undesirable - like gender, sexual orientation, race, religion, etc. Had there been no discrimination, DEI would never have been needed. But, I digress. This isn't about DEI, this is about solitary confinement.

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The HALT Act seems to be a point of contention among the New York State guards who are law enforcement officers on an illegal strike. The Humane Alternatives to Long-Term Solitary Confinement Act was passed in 2021, and it went into effect on March 31, 2022. Just like DEI, there would not have been a need for DEI had solitary confinement or segregated housing not been abused. Prior to the HALT Act, there was no limit to how long a prisoner could be held in 23-1 (where prisoners are held in their single-person cell for 23 hours per day and only allowed out for showers, phone time, rec time, etc. 1-hour per day).

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Guards or management could use their 'discretion' and put an inmate in solitary confinement indefinitely. Some people say the only reason the striking guards have an issue with the HALT Act is because it limits the abuse they can inflict on prisoners they don't like or who do not bow down to their power. Community groups are calling on Governor Kathy Hochul and Democrats to keep it in place.

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