County Board Disagrees With State's Solitary Confinement Rules

By Chris English

SCHOHARIE COUNTY — New York State's Long-Term Solitary Confinement Act (HALT) is misguided and should be repealed, according to a resolution approved by the Schoharie County Board of Supervisors at its Friday, March 21 meeting.

The act was cited as one of the main reasons for the recent unauthorized strike by more than 2,000 state prison guards.

Signed into law in 2021 and effective on April 1 of 2022, the HALT Act limits segregated (disciplinary) confinement of inmates to the Special Housing Unit (SHU) or in a separate keeplock housing unit to a maximum of 15 consecutive days or 20 total days within any 60-day period, according to the Schoharie County resolution.

"These time limits may not be meaningfully extended even where an inmate has committed such serious acts as attempting to escape, physical or sexual assault on staff and other inmates, or even homicide," the document added.

It continued that since the HALT Act went into effect, the number of daily assaults in NYS correctional facilities has gone up from 6.8 to 8.1 a day, an increase of 25 percent.

"The HALT Act essentially eliminates any meaningful disciplinary sanctions for inmates who commit violent acts," the resolution stated. "Convicted murderers, career violent criminals and other dangerous inmates already serving life sentences in particular now have virtually no significant disincentive to commit violent acts while incarcerated."

It goes on to say that the HALT Act is unnecessary because even prior to the Act "confinement to the SHU did not constitute true 'solitary confinement' and could only be imposed subject to significant procedural safeguards, including notice and a hearing."

The resolution calls on the New York State Legislature and Governor Kathy Hochul to "enact immediately legislation repealing S.2836 known as the HALT Act, and restoring the prior inmate disciplinary framework."

In other actions from the March 21 meeting, the county BOS approved a resolution authorizing Chairman Bill Federice of Conesville to execute an agreement with Carver Construction, Inc. for replacement of the Ecker Hollow Road culvert in Schoharie. The total price is not to exceed $629,145.

Also approved was a resolution that schedules a public hearing for the next BOS meeting at 9 a.m. April 18 relating to the need for acquiring a fee title/easement for land that could be needed for replacing the Engleville Road Bridge over West Creek in the Town of Sharon.

The parcel in question is at 263 Engleville Road "owned now or formerly by the Estate of Ray Aker Jr." the resolution stated. It added that the "public be notified that there is no proposed alternate location for this project."