Assembly Minority Leader Calls to Put a Stop to HALT Act

By Hank Russell

As correctional officers in dozens of state prisons voiced outrage over working conditions, Assembly Minority Leader Will Barclay (R,C-Pulaski) called on Governor Kathy Hochul to include a repeal of the Humane Alternatives to Long-Term Solitary Confinement (HALT) Act in her 30-day budget amendments, which are required to be presented by February 20. 

On February 20, Barclay visited Auburn Correctional Facility to show his support for correctional officers. For the past four days, he said, employees at these state prisons have demonstrated to highlight the need for Albany to address the severe staffing crisis, misguided policies like the HALT Act, and increasing violence in state prisons.

As previously reported in Long Island Life & Politics, Hochul signed an executive order to deploy the National Guard at the state’s prison to cover the staffing shortfall. She also called for an end to the “illegal” strike as prison guards walked off the job. Barclay also wrote an op-ed that was published by LILP which called for the state to repeal the Act and settle the work stoppage immediately.

In the wake of worker protests, the Department of Corrections and Community Supervision (DOCCS) has temporarily suspended elements of the HALT Act that “’create a significant and unreasonable risk to the safety and security of other incarcerated persons, staff or the facility,’” according to a memorandum that was sent out by DOCCS Commissioner Daniel F. Martuscello III and obtained by LILP.

Martuscello said the National Guard is still deployed at the state prisons that are currently understaffed. In addition, the department will pay officers still on the job double-time-and-a-half for overtime and will give those who walked off the job until February 20 at 11:59 p.m. to return to work or else face fines and/or other forms of discipline. 

Barclay said the state is ignoring the main issue. “The conditions within New York’s correctional facilities need to be addressed immediately, and through her 30-day budget amendments, the governor can signal she’s serious about taking the necessary steps,” he said.

Since the HALT Act took effect on March 31, 2022, the number of violent incidents in state correctional facilities has increased dramatically, according to Barclay. Last year, the number of incidents involving inmates assaulting one another jumped an astronomical 169% to 2,893, compared to 1,119 incidents in 2021. In addition, there were 2,983 incidents in which inmates assaulted prison staff members in 2024, which is 76% greater than three years ago (1,177). Contraband smuggling also went up, by 32%, to 4,750 incidents last year, compared to 3,594 three years prior.

The HALT Act significantly restricts the use of segregated confinement for all inmates and eliminates segregated confinement for “special populations” which include prisoners over the age of 55 or under the age of 21. Barclay said the law removes consequences for dangerous behavior and severely compromises the ability of officers to discipline inmates. 

 “The HALT Act looked great on paper to liberal Democrats who never spent a day working in prisons,” Barcley sasa. But who has it protected? Prison violence has soared since it was implemented. Inmates are less safe. Correctional officers are less safe. The entire system has become more dangerous. We don’t need another year of alarming violence to know what needs to be done.”

LILP reached out to Hochul’s office for comment and is waiting to hear back.