Emergency Order Issued
New York City Mayor Eric Adams issued an emergency order on Saturday, suspending key parts of a new law aimed at banning solitary confinement in local jails. The order came just a day before the law was set to take effect, with Adams citing concerns for the safety of both staff and detainees.
Specific Provisions Suspended
The emergency order suspends the four-hour time limit on holding prisoners who pose safety concerns in “de-escalation confinement.” Additionally, it removes restrictions on the use of restraints on prisoners during transportation to courts or within jails. The four-hour limit could only be exceeded in “exceptional circumstances,” where prisoners would be released from de-escalation confinement “as soon as practicable” and when they no longer pose an imminent risk of serious injury to themselves or others.
Longer-Term Restrictive Housing
Mayor Adams also suspended the law’s provision that prohibited placing a prisoner in longer-term “restrictive housing” for more than 60 days within any 12-month period. Under the order, jail officials must review a prisoner’s placement in restrictive housing every 15 days.
Support and Opposition
The bill was introduced by New York City Public Advocate Jumaane Williams, who argued that solitary confinement amounts to torture and leads to severe mental health issues. Supporters of the new law pointed to research indicating that solitary confinement increases the risk of suicide, violence, and overdose among inmates, as well as causing acute anxiety, depression, and psychosis.
Mayor’s Defense
Adams has maintained that there has been no solitary confinement in city jails since 2019. He defined solitary confinement as “22 hours or more per day in a locked cell and without meaningful human contact.” He argued that de-escalation confinement and longer-term restrictive housing are necessary to prevent violent prisoners from harming others.
Duration of Emergency Declaration
Adams’ state of emergency declaration will remain in effect for up to 30 days or until it is rescinded, with the possibility of 30-day extensions. The order suspending parts of the new law will be in effect for five days unless terminated or modified earlier.
