Tagged: youthful offender

NYC Board of Corrections Issues Restrictions on Solitary Confinement

POST WRITTEN BY: Michael B. Mushlin, Professor of Law at Pace Law School, Scholar, and Renowned Expert on Prisoners’ Rights. 

Continuing a national trend the New York City Board of Correction yesterday unanimously voted sweeping changes to the use of solitary confinement in New York City Jails. The reforms eliminate the use of solitary confinement entirely for anyone under the age of 18, for anyone 18 to 21 years old (this goes into effect in 2016), and for anyone with serious mental or serious physical disabilities or conditions. Terms in solitary for all others cannot exceed 30 consecutive days for a single infraction,  and more than 60 days in any six month period. Due process protections are also expanded under these rule changes which will help limit the imposition of solitary on persons who did not break rules.

The changes voted by the Board of Correction address the major justification offered by opponents of solitary reform who have argued that solitary is necessary to contain the “worst of the worst,” inmates who are so violent that they cannot be safely confined in the general prison population. To deal with inmates who have acted in violent ways and who might pose a threat, the rules adopted by the Board of Correction allow for the creation of “Enhanced security Housing.” This housing allows the department to separate inmates who are violent without imposing solitary confinement on them. In these units inmates will be given services including psychological and mental health treatment to help them cope with violent tendencies and will not be locked into their cells 23 hours a day.

In the words of the Executive Director of the New York Civil Liberties Union the changes approved yesterday demonstrates that

New York City has taken an important stand for basic human rights and reaffirmed its commitment to the safety of prisoners, prison staff and our communities.

The reforms are a critical step in the national movement to end the shameful practice of solitary confinement in our nations penal institutions.

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Waiver of Youthful Offender Treatment Invalid?

As many of you may know, in June of 2013 the New York Court of Appeals held that a sentencing court must consider the eligibility of a qualifying defendant for youthful offender treatment even if the defendant ostensibly waives that right by failing to request it, as part of a negotiated guilty plea, or as a waiver of the right to appeal.  The Court so held in People v. Rudolph, overruling its 1977 decision in People v. McGowen.

This decision may help Kyle Freda, who waived the right to youthful offender treatment as part of a negotiated plea, and whose attorney did not file a notice of appeal in light of that waiver.   An application to the Appellate Division, Third Department for permission to file a late notice of appeal was granted.  That Court remanded the case to the sentencing court, which has scheduled a sentencing hearing.  While the Rudolph Court made clear that the decision was not retroactive, it does apply to all cases that were on direct appeal as of June 2013.

These decisions may have important consequences in parts of the states where  non-YO guilty pleas are regularly negotiated.

People v. Rudolph, 21 N.Y.3d 497, __ N.E.2d __, 2013 Slip Op. 04840 (June 27, 2013).
People v. McGowen, 42 N.Y.2d 905, 366 N.E.2d 1347, 397 N.Y.S.2d 993 (1977).