#HALTsolitary Campaign
Represent People in NY Prisons in Disciplinary Proceedings
Support people in NY prisons facing possibility of solitary confinement or restrictive housing
Posted March 25, 2022
Background & Context
Solitary confinement is torture. It causes devastating physical and mental harm. After years of organizing and advocacy led by people who have been in solitary and who have lost loved ones in solitary, in 2021 New York State enacted the HALT Solitary Confinement Law. Among other provisions, HALT prohibits any person in any New York prison or jail from being in solitary confinement beyond 15 consecutive days, bans certain groups from spending any time in solitary, requires that alternatives to solitary confinement involve at least 7 hours of congregate programming and activities, and restricts the conduct that can result in either solitary confinement or those alterantives. In addition, for the first time, HALT allows people in NY prisons and jails to have legal representation at hearings that can result in solitary or alternatives - either by attorneys, paralegals, law students, or other incarcerated people. People working on this project will be able to partner with people in prison at hearings where they are facing the possibility of being sent to solitary confinement or alternatives.
Immediate Problem
There is a huge need among people in New York prisons and jails for representation at hearings where they are challenging the prison or jail departments' attempts to send them to solitary confinement or other forms of restrictive housing. For example, people often get disciplinary tickets that are frivolous or false, or for conduct that is not allowed under the law to result in solitary or other forms of restrictive housing. As another example, people who should be in a category that is banned from solitary may be facing being sent to solitary. More generally, the prison and jail systems attempt to send people to solitary confinement tens of thousands of times each year. Having representation can help beat those charges and attempts, and help ensure that people are treated more humanely and fairly.
Work & Deliverables
Under the recently enacted HALT Solitary Confinement Law in New York State, people in NY prisons and jails are allowed - for the first time - to have representation at hearings that can result in solitary confinement or alternatives to solitary. That representation can include lawyers, law students, paralegals, and other incarcerated people. As of right now, the state prison department is indicating that such hearings will take place telephonically. There will be a rapid turnaround time (a matter of days) from when a volunteer learns about a hearing and is matched with a client, and when the hearing will take place.
A volunteer on this project needs to complete a training related the HALT Solitary Law and representation at disciplinary hearings. Once trained, a volunteer will be available to take on representation of a client at a hearing. When someone in the project learns about the need for representation because a person in prison has received a disciplinary ticket, it will get posted to the project in search of a volunteer. The hearing will likely take place within a matter of days of the ticket. If a volunteer then takes on the representation of a client, they will need to talk with the client before the hearing, prepare for the hearing, and then represent the client at the disciplinary hearing itself to try to ensure that the person is not sent to solitary confinement or an alternative form of restrictive housing - again right now by calling in to the hearing. The volunteer will also need to document what happened with the client - for purposes of general oversight of the implementation of the law and for the possibility of any appeals, and speak with the client after the hearing to discuss any next steps with the client.
Preparation Phase
- Participate in training
- Wait to be matched with client
Collaboration Phase
- Meet or call client
- Prepare for a hearing
- Appear by telephone at hearing
Wrap Up
- Document what happened
- Meet or client after hearing
- Communicate with other advocates
#HALTsolitary Campaign
The #HALTsolitary Campaign has led efforts to end the torture of solitary confinement in New York since 2012. HALT is a broad-based campaign comprised of more than 400 organizational supporters, as well as other survivors of solitary, family members, and leaders in the human rights, advocacy, health, and faith communities. The campaign aims to end the torture of solitary for all people and create more humane and effective alternatives. We also aim to build on these changes – and their pursuit – to dismantle the racial injustices and punishment paradigm that underpin the entire incarceration system. In 2021, the New York State legislature passed the HALT Solitary Confinement Law. Among other changes, the HALT Law bans solitary beyond 15 consecutive days for all people, bans solitary entirely for certain categories of people, restricts the conduct that can result in solitary or alternatives, requires that people in alternatives to solitary generally have access to at least 7 hours of daily out of cell congregate programs and activities, and more. Also under the HALT law, for the first time ever people in New York prisons and jails are permitted to have representation at disciplinary hearings that could result in solitary confinement or other forms of restrictive housing. We are building a system for lawyers and paralegals to represent people in those disciplinary hearings to prevent people from being sent to solitary confiment or other restrictive housing.
#HALTsolitary Campaign
The #HALTsolitary Campaign has led efforts to end the torture of solitary confinement in New York since 2012. HALT is a broad-based campaign comprised of more than 400 organizational supporters, as well as other survivors of solitary, family members, and leaders in the human rights, advocacy, health, and faith communities. The campaign aims to end the torture of solitary for all people and create more humane and effective alternatives. We also aim to build on these changes – and their pursuit – to dismantle the racial injustices and punishment paradigm that underpin the entire incarceration system. In 2021, the New York State legislature passed the HALT Solitary Confinement Law. Among other changes, the HALT Law bans solitary beyond 15 consecutive days for all people, bans solitary entirely for certain categories of people, restricts the conduct that can result in solitary or alternatives, requires that people in alternatives to solitary generally have access to at least 7 hours of daily out of cell congregate programs and activities, and more. Also under the HALT law, for the first time ever people in New York prisons and jails are permitted to have representation at disciplinary hearings that could result in solitary confinement or other forms of restrictive housing. We are building a system for lawyers and paralegals to represent people in those disciplinary hearings to prevent people from being sent to solitary confiment or other restrictive housing.