(The Center Square) — New York City Mayor Eric Adams is suspending sections of a controversial new law banning solitary confinement in city jails, citing safety concerns for inmates and staff members.
On Saturday, Adams signed an executive order declaring a state of emergency that blocks a portion of the law that sets a four-hour time limit for prisoners in so-called “de-escalation confinement” and restricts the use of restraints when prisoners are being transported to court hearings.
“It is of the utmost importance to protect the health and safety of all persons in the custody of the Department of Correction and of all officers and persons who work in the City of New York jails and who transport persons in custody to court and other facilities, and the public,” Adams, a Democrat, wrote in the emergency declaration.
Under the order, prisoners must be released from de-escalation confinement “as soon as practicable” or when they no longer pose an imminent risk of serious injury to themselves or others. The four-hour limit could only be exceeded in “exceptional circumstances.”
Adams’ order suspends a section of the law that prohibits jail officials from placing prisoners in “restrictive housing” for more than 60 days a year. The new directive says prison officials must review an inmate’s placement in restrictive housing every 15 days.
A City Council spokeswoman issued a statement criticizing Adams’ executive order, saying it sets “hypocritical double standards for complying with the law that leave New Yorkers worse off” and blasted his administration claiming it has “little respect” for “laws and democracy.”
“In this case, our city and everyone in its dysfunctional and dangerous jail system, including staff, are left less safe,” the statement said. “The reality is that the law already included broad safety exemptions that make this ‘emergency order’ unnecessary and another example of Mayor Adams overusing executive orders without justification.”
The move is expected to face a legal challenge from the council, which last week authorized Speaker Adrienne Adams to take legal action if the city goes to court to block the law restricting the use of solitary confinement in the jails.
Adams, a former NYPD captain, vetoed the solitary confinement bill in January, saying the move would “keep those in our custody and our correction officers safer.”
The Democrat said if the bill takes effect, the city would “no longer be able to protect people in custody, or the union workers charged with their safety, from violent individuals.”
But councilors overrode Adams’ objections to the solitary confinement bill, saying the new restrictions would reduce violence in correctional facilities and end a practice they say causes “harm” to the prisoners.
A federal monitor who was put in charge of the city’s jails blasted the council’s move to ban solitary confinement, saying it will only “exacerbate the already dangerous conditions” behind bars.
Adams’ state of emergency declaration will remain in effect for up to 30 days or until it is rescinded. The mayor can seek a 30-day extension. The restrictions in his executive order will only last for five days unless extended.
The fight over solitary confinement is part of larger intra-party rift between Adams and the Democratic-led Council, which has also overridden the mayor’s vetoes of a police stop bill and plans to expand the council’s authority over confirming nominees to fill city departments and commissions.
