TL/DR –
The Legal Aid Society has accused the New York State Department of Corrections and Community Supervision (DOCCS) of endangering thousands of incarcerated individuals due to non-compliance with a preliminary injunction related to the suspension of the HALT Act. The society highlights concerns about DOCCS failing to specify which facilities operate under HALT’s emergency exception and failing to disclose core protections including minimum daily out-of-cell time. Legal Aid has reached out for a meeting to demand more details and insists it will take steps to hold DOCCS accountable and enforce the court’s order for the safety of the incarcerated individuals.
Legal Aid Society Accuses NY State Department of Corrections of Safety Violations
The Legal Aid Society alleges that the New York State Department of Corrections and Community Supervision (DOCCS) is violating the safety of thousands of incarcerated individuals due to non-compliance with a preliminary injunction on the suspension of the HALT Act. This lack of adherence, they argue, is leading to widespread risks across the state’s correctional facilities.
A recent letter from the Legal Aid Society points to DOCCS’ persistent application of the HALT Act’s emergency exception without adhering to the court’s fundamental requirements. They claim this refusal to comply leaves critical uncertainties about which facilities are still under HALT’s emergency exception, the status of core safeguards like daily out-of-cell time, and the projected timeline for HALT’s reinstatement.
Furthermore, they question the legitimacy of current staffing levels posing a real emergency, particularly given DOCCS’ recent flip-flop on a proposal to cut staffing levels by 30% in the face of a statewide corrections officer wildcat strike.
Antony Gemmell, supervising attorney with The Prisoners’ Rights Project at The Legal Aid Society, stated, “DOCCS’s defiance of the preliminary injunction is detrimental to our clients and shows a disregard for judicial oversight. DOCCS is yet to provide clarity on where HALT is suspended, what safeguards are being bypassed, or when it will restore the law-mandated protections. This noncompliance results in thousands of New Yorkers experiencing unlawful confinement every day. We are committed to holding DOCCS accountable and enforcing the Court’s order.”
To resolve these issues, Legal Aid has sought a meeting with DOCCS this week for further clarification.
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