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Mayor of New York City implements emergency order to temporarily halt aspects of new solitary confinement legislation

New York City Mayor Eric Adams has put a hold on parts of a new law intending to ban solitary confinement in local jails. This emergency measure was taken one day before the law was set to go into effect. The Mayor’s decision was based on concerns for the safety of both staff and detainees in city jails.

The emergency order signed by Mayor Adams suspended certain sections of the law, such as the provision limiting the time prisoners could spend in “de-escalation confinement” to four hours. The use of restraints on prisoners during court transfers or within jails was also affected by the order. The four-hour limit could only be extended in exceptional circumstances, with the priority being to release prisoners from de-escalation confinement as soon as they no longer pose an immediate risk to themselves or others.

Additionally, the law had restricted placing a prisoner in longer-term “restrictive housing” for more than a total of 60 days in a 12-month period. Mayor Adams’ order now requires a review of a prisoner’s placement in restrictive housing every 15 days to ensure compliance with this rule.

Adams emphasized the importance of protecting the health and safety of all individuals in the custody of the Department of Correction, as well as staff and officers working in city jails. This move came after Mayor Adams had vetoed the bill, which was later overridden by the City Council in January.

The City Council did not respond immediately to requests for comments, but a council spokesperson criticized Adams’ actions, accusing the administration of disregarding laws and democracy. The bill, introduced by Public Advocate Jumaane Williams, aimed to address the harmful effects of prolonged solitary confinement on inmates.

Supporters of the law cited research indicating that even short periods of solitary confinement can have severe consequences, including increased suicide rates and mental health issues among inmates. While Adams maintained that there was no solitary confinement in city jails since 2019, he argued that de-escalation confinement and restrictive housing were necessary to prevent violence among prisoners and staff.

The state of emergency declaration will remain in effect for up to 30 days, allowing for possible extensions. The order suspending parts of the new law is temporary and will be in effect for five days, subject to earlier termination or modification.

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