Tagged: department of corrections

Prof. Mushlin Testifies in Favor of Oversight in NY State Prisons

POST WRITTEN BY:  Erica Danielsen (’16), J.D. Pace Law School

On Wednesday, December 2, 2015 the NY Assembly Standing Committee on Correction held a hearing in Albany to discuss “Oversight and Investigations of the Department of Corrections and Community Supervision (DOCCS).” The Assembly held this hearing in the aftermath of the June 2015 Clinton Correctional Facility escape. The Assembly invited experts, academics, attorneys, and family members of inmates to testify. The Committee also invited Pace Law School Professor Michael B. Mushlin to testify.

Prof. Mushlin has extensive experience in the area of prisoners’ rights and brought his knowledge of prison oversight to the attention of the Committee. He expressed the importance of adequate oversight and noted key issues with New York’s current failure to provide adequate oversight of its correctional facilities. He stated that

oversight is needed because prisons are dark places where horrible things will happen unless there is oversight. Without oversight prisons cannot be humane despite the best of intentions and ‘inhumane prisons are not safe.’

Prof. Mushlin presented the Committee recommendations on how to improve its lacking system. He suggested critical components of oversight such as independence, an open door policy for physical access, an effective monitoring and regulatory system, the duty to report, and a legal requirement for correctional facilities to respond to investigation reports.

Professor Mushlin embraced organizations that New York already has in place such as the Correctional Association and Prisoners Legal Services of New York whose Executive Director, Karen Murtagh, also testified, and he pointed out that these organizations can only do so much, which is why legislative action is needed.  Professor Mushlin critiqued the NYS Commission of Correction which currently has legislative authority to investigate and report on prisons but fails to live up to its legislative powers.

The Assembly further heard testimony from Charlene Burkett, Corrections Ombudsman of State of Indiana, and Kate Eves, Independent Oversight Consultant of United Kingdom and Wales. Ms. Burkett and Ms. Eves aided the discussion by offering insights about an overview, guidelines, and recommendations of how various oversight bodies work in other states and countries. Moreover, Jonathan Moore, Esq. – the lead counsel for New York’s stop and frisk case, attorney for the Eric Garner case, and counsel for the family of Samuel Harrell who tragically lost his life to guards at Fishkill – testified about the importance of civil rights issues. And last but certainly not least, came the emotional cries from two mothers whose son’s were abused in prisons bringing their own human realities to the attention of the Committee.

Neither the Inspector General nor the Commissioner of Corrections testified on Wednesday since the Clinton escape investigations are still pending. However, Daniel O’Donnell, the chair of the Committee on Correction, adjourned the hearing for a future date in order for those organizations to offer testimony about their findings. Mr. O’Donnell stated that he would subpoena them to testify if necessary.

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Prison Reform: New York Strikes Deal To Limit Solitary Confinement

New York has taken a substantial step in reforming its use of solitary confinement when disciplining prisoners throughout its correctional facilities. On Wednesday, the state reached an agreement in Federal Court to significantly curtail the use of solitary confinement, and to prohibit the use of such confinement when dealing with juvenile inmates.

According to the settlement, the state’s correction facilities will also use a more comprehensive approach when seeking to utilize solitary confinement as a disciplinary tool for inmates caught violating prison regulations. Specifically, correction officials will now adhere to “sentencing guidelines” that will dictate the length of time that can be imposed on certain infractions, and the maximum period that an inmate can be placed in solitary confinement.  Likewise, the use of solitary confinement will also be limited to a period of 30 days when dealing with inmates who are pregnant, and those inmates who are disabled.

Notably, New York’s decision to limit the use of solitary confinement has come complimentary to a host of other states that have also begun to enact similar reform, including Colorado, Mississippi, and Washington. This recent movement amongst the states to deal with solitary confinement has come greatly appreciated by many humanitarian groups that have steadfastly contested the use of such confinement, noting the extremely negative psychological impact that it has on prisoners.  Some prison officials have also begun advocating against the use of solitary confinement due to the elevated cost and risks associated with its use. Studies have suggested that segregated housing can be two to three more times costly to operate than general housing for inmates, and fail to address the fact that

[i]nmates kept in such conditions, most of whom will eventually be released, may be more dangerous when they emerge.

New York’s reform has also come at a time when the United States leads all other democratic nations in the number of inmates being held in solitary confinement. According to a New York Times report, there are at least 25,000 prisoners in solitary confinement within the United States, where some inmates are left to spend weeks, months, or even decades. Other studies have presented startling statistics relating to segregated housing within U.S. prisons, noting that up to 80,000 prisoners have been annually held in prison segregation units between federal and state facilities.

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