#HALTsolitary Campaign
Represent someone on Tier III disciplinary ticket, given in retaliation
This will impact time in solitary confinement and proximity transfer eligibility.
Posted September 16, 2024
Background & Context
This client has been requesting protective custody for months due to harassment and credible threats of violence from other people housed in the same facility as him (Green Haven). He was physically assaulted by this group of people back in April. We have done advocacy for him to be placed in different units, but he needs protective custody and has requested it himself many times. He stopped attending programs/college classes due to fear of his safety. I recently sent an advocacy letter requesting he be placed in long term PC or moved out of Green Haven. Five days after sending that letter, officers conducted a "suspicious cell search" on my client's cell during count. They allegedly found a weapon. My client maintains that he definitely did not have a weapon. When they took him in the elevator down to SHU, they inquired about his PC requests. When in SHU, a sergeant tried to get him to sign a PC refusal form because he would be safe in solitary confinement and would be transferred out of the facility to serve time on this disciplinary ticket. My client thinks they believe they were doing him a favor by fabricating a ticket to get him out of Green Haven, but he does not want this ticket on his record and it could potentially cause him to lose his eligibility for his proximity transfer. This ticket is likely in retaliation to my advocacy.
Immediate Problem
Representation at my client's Tier III hearing
Work & Deliverables
To represent this client, they would need to attend a remote hearing and argue for the dismissal of a Tier III ticket of possessing a weapon. This would include contacting the client, potentially requesting records, and arguing at a telephonic hearing.
Preparation Phase
- Intro call with volunteer coordinator
- Initiate client contact
Collaboration Phase
- Speak with client about issues to raise at hearing
- Request records
- Prepare arguments
- Appear by telephone at disciplinary hearing
Wrap Up
- Explain outcome and further options to client
- Confer with volunteer coordinator
#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.