Those involved in the illegal prison guard strike across New York spent the day digesting the terms of a deal between the state department of corrections and NYSCOPBA –  the union representing corrections officers – and as Friday passed, significant cracks developed in the state's chances of bringing the ordeal to a close. 

The deal would require officers to return to work Saturday, but because the strike was not sanctioned by the union, each individual officer will have to decide whether or not to accept the terms of the deal.

NYSCOPBA said those who don’t take the deal and return to work Saturday could face termination, additional fines and arrest.

“This agreement that we came together with last evening represents our commitment to creating safer work environments, which the corrections officers absolutely deserve,” Gov. Kathy Hochul told reporters following an event on housing policy in Rochester.

The top-line demand from officers was a full repeal of the HALT Act, which limits the use of solitary confinement. They argue that limiting solitary confinement takes away a key enforcement tool, creating a dangerous environment.

Many Democratic leaders have stated clearly that a full repeal of the law is not going to happen. They say HALT is intended to replace long-term solitary confinement, which they describe as torture, with up to 15 day stints in segregated housing. If someone requires a more lengthy separation, they must be offered at least four hours of rehabilitative programing in a special unit.

The deal does not go as far as a full repeal, only touching aspects of the law that don’t require legislative changes and are within the discretion of the commissioner.

Among other things, if officers report to their shifts Saturday, the deal would:

• Suspend the programming aspects of HALT for 90 days while they are reviewed
• Programming could then be suspended on high-impact days, including weekends, if staffing falls below certain levels to avoid OT
• Limit overtime to four shifts in any pay period
• Extend two and a half times overtime rate

Additionally, officers would not face disciplinary action for the strike beyond fines associated with the Taylor Law, which prohibits them from walking off the job.

The governor clarified that the decision to suspend aspects of HALT were made specifically to address staffing issues created by HALT programming, making no mention of officers’ concerns about limiting segregated confinement.

“Different kinds of job training, education, four hours a day, and that’s an important goal but it also leads to more overtime requirements because of the staffing required for that,” she said.

Several individuals close to the situation have told Spectrum News 1 to not expect this to end the strike. Several have indicated that the lack of change to aspects of the law that oversee solitary confinement policy makes it a nonstarter, with some even saying it was a step down from an offer the state made last week.

“Already, because of staffing levels, they can’t implement a lot of the programs that are required in HALT, and what they didn’t propose is any suspension of HALT when it comes to solitary confinement – the one tool these folks say they have that holds the line between chaos and order,” state Sen. Mark Walczyk said. 

Civil rights attorney Michael Sussman of Orange County told Spectrum News 1 he has been assisting more than 100 officers from facilities across the state in their efforts to pursue a better deal with just hours remaining before they would be expected to return to work.

He wrote mediator Martin Scheinman requesting a five-day extension before sanctions go into effect, and to meet with all representatives in an effort to achieve a deal that further addresses the demands of officers.

In addition to the pause of only parts of the HALT Act, requests for mandatory body scans to prevent prison contraband were not included in the offer, among other items.

Some demands would require legislative approval and it remains to be seen if the Democratic majorities in the legislature will take any of them up, though they have said that a full repeal of HALT is off the table.