Crime Committee Report e.indd - New York State Senate

X. Prisoner Concerns
During our prison tours we spoke to inmates about their concerns. We have also conducted
discussions with Prisoners Legal Services, the Osborne Association, the Fortune Society, the Correctional
Association and the Legal Aid Society. We have also conducted extended conversations
with NYSCOPA and DOCS Administrators regarding prison conditions. From these conversations
we recommend:
1. Develop guidelines on the amount of time any inmate can be placed in solitary confinement.
There is no time limit for the imposition of solitary confinement at Tier III disciplinary
hearings within the New York State Department of Correctional Services. Confinement
in the Special Housing Unit (SHU), commonly referred to as “box time” for
Tier III offenses should carry an initial maximum limit of 90-days but a hearing officer
would have the authority to make an upward departure based upon mitigating or aggravating
circumstances. For instance, recidivism or the serious nature of the infraction
2. Such a sentencing structure would give DOCS some discretion in terms of imposing punishment
while, at the same time, providing some legislative guidance for the imposition
of solitary confinement. In addition, the bill should contain language that mandates that
prisoners who are disciplined due to drug related misbehavior should be provided drug
treatment while serving their disciplinary sentence and all prisoners should be released
from SHU two months prior to being released from prison to enable them to prepare
for re-entry into society.
3. Prohibit the use of the restricted “loaf” diet. Imposing a food related penalty for any
misbehavior other than food related misbehavior is inconsistent with the American Correctional
Association (ACA) standards and generally recognized correctional standards.
4. Amend Correction Law 803(1)(d) and section 30 of Chapter 738 of the Laws of New
York (2004) to prohibit DOCS from aggregating multiple minor disciplinary infractions.
Both statutes provide that merit time shall be withheld for any ‘serious disciplinary
infraction.’ However, neither statute defines the phrase ‘serious disciplinary infraction.’
That phrase is defined in DOCS’ regulations as behavior that results in: (1) any state
or federal conviction while in DOCS’ custody; (2) a finding, in a prison disciplinary
hearing, that an inmate committed any of a list of specified offenses; (3) disciplinary
sanctions which total 60 days or more SHU or keeplock; and (4) any recommended loss
of good time. DOCS has a policy that a serious disciplinary infraction includes situations
where an inmate receives 60 days of keeplock, which is not the result of any single
disciplinary infraction that would be considered “serious,” but is instead the result of
aggregating multiple minor disciplinary infractions, each of which, individually, resulted
in less than 60 days keeplock.
5. Restore Tap Grants for prisoners – All studies show that education is inversely proportional
to recidivism rates – the more education an individual receives the less likely he/
she is to engage in criminal activity. The cost of incarcerating an individual far outweighs
the cost of educating him. If we want to be smart on crime and the economy we should
restore Tap Grants for prisoners.
Standing Committee on Crime Victims, Crime and Correction | 2009-2010 Report 19