State lawmakers do not support changing a law that limits holding people in prison in solitary confinement for punishment as correction officers participating in an illegal strike demand the policy be repealed — arguing it would make facilities safer for staff.

Humane Alternatives to Long-Term Solitary Confinement Act took effect in 2022, and prohibits an incarcerated person from being held in a Special Housing Unit separate from the general population for more than 15 consecutive days. 

Repealing the law top on the list of demands from striking correctional officers, but Assembly Correction Committee chair Erik Dilan said that's not happening.

"There's no support for changing HALT right now," Dilan told Spectrum News 1 on Wednesday.

The law bars segregated confinement for anyone who is pregnant, living with a disability, over the age of 55 or under 21 and requires alternatives for rehabilitation.

The death of Robert Brooks, an incarcerated man who was beaten by multiple officers at Marcy Correctional Facility in December, has made lawmakers and members of the Black, Puerto Rican, Hispanic & Asian Legislative Caucus focused on prison reforms to increase accountability for prison staff and reduce long prison sentences. 

And tensions could grow worse after Thursday's expected arrest of staff involved in Brooks' death, which was ruled a homicide.

Dilan said he does not expect lawmakers to prioritize prison reforms to benefit staff until the prosecution in Brooks' case plays out.

"In the wake of what happened with Robert Brooks in December, it's kind of tough for corrections officers to be asking the Legislature to make changes," the assemblyman said. "The sentiment is one of anger as it relates to Brooks and that hasn't subsided yet, and I don't know if it will in the near future."

Violent incidents between incarcerated people and prison staff have been on the rise since before the law took effect — exacerbated by the continuing staffing shortage.

Last week, state Department of Corrections & Community Supervision Commissioner Daniel Martuscello III ordered all prison superintendents to treat 70% staffing capacity at a facility as "full staffing" and to submit plans to permanently operate with fewer employees.

Martuscello said the department is down 2,200 officers, and defended the decision at a budget hearing in Albany on Feb. 13.

"We're still putting staff on posts as we did 20 to 30 years ago," he said. "We need to take a look at efficiencies to see where we have overlaps and where we can more efficiently do our jobs while still living our progressive values and getting people home to their families instead of working in our institutions."

The staffing policy pushed tensions on all sides to a breaking point.

Leaders with the Correctional Association of New York said HALT allows officers to issue discipline for serious violations like violence or contraband, but also placed new burdens on staff to escort prisoners to programs.

"That could have an impact on other housing units in the prison, including general population units," said Sumeet Sharma, Correctional Association of New York Director Sumeet Sharma said. "Meaning — there's less staff for the general population units, there's less staff to staff the school, to staff the medical building, to staff the housing units themselves.

DOCCS data shows the rate of assaults in prisons is up 36%, and contraband has increased 29% since this time last year.

Sharma said the ongoing strike is putting people in prison and employees at an even greater risk, and has made it more difficult for incarcerated people to access medication and other medical treatment with fewer security staff.

The association backs legislation to grant the nonprofit immediate, unannounced access to state prisons each quarter — especially with an increase in the number of deaths of people in prison under the age of 40.

Dilan said expects to negotiate other staffing reforms in the budget due April 1.

Gov. Hochul included a proposal in her spending plan to remove the residency requirement for COs to live in the state to bolster staff.

Dilan said he's not convinced that's the best way to improve staffing levels and prison safety, but assemblymembers have yet to discuss the issue in conference.

"I'd like these titles to be reserved for New Yorkers, but these things haven't been fully discussed with my colleagues," he said. "Ideally, I would love for the titles to stay within the state of New York and have New York residents employed, but there are systemic concerns and we have to weigh that."

Senate Crime Victims, Crime and Correction Committee chair Julia Salazar said she backs Hochul's decision to deploy the National Guard to prisons.

"They're basically replacing the rogue COs who are refusing to do their jobs," the senator said in a statement. "I think it's the only reasonable option she has at the moment to maintain order in the facilities where COs are refusing to work."

Salazar said the ongoing staffing and safety issues are longstanding and Commissioner Martuscello, who was just confirmed last year, is not responsible and should not resign in wake of the strike and Brooks' death.