New York state officials on Monday were forced to address the failure of a deal between the state Department of Corrections and Community Supervison (DOCCS) and the State Correctional Officers & Police Benevolent Association (NYSCOPBA) to quickly bring striking correction officers back to work for their shifts on Saturday, as DOCCS officials in a briefing declined to request that lawmakers make changes to the state's HALT Act, which limits solitary confinement and replaces aspects of it with rehabilitative programing.

Some facilities have had staff return, but more than 30 remain on strike after two weeks as officers continue to protest what they describe as dangerous working conditions, excessive overtime and issues related to HALT.

The state promised sanctions late last week as officers appeared poised to reject the deal, and as of Monday morning, a “handful” of officers had been terminated with more expected as they reach the set benchmark of 11 missed shifts.

“Yesterday, we began termination of corrections officers. Today we will be terminating health insurance for them and their dependents,” said Jackie Bray, commissioner of the state Division of Homeland Security.

Many officers felt the offer fell short in addressing concerns about the HALT Act. It suspended programming that strained staffing levels but took no action on changing policy directly related to solitary confinement, which officers say is necessary to maintain order, while advocates say that confiment amounts to torture. To change that part of the law would require legislative approval.

Gov. Kathy Hochul on Monday refused to call for action, leaving it up to state lawmakers in the state Senate and Assembly as they compile their one-house budget rebuttals.

“I’m not pretending to be the king of the state or the queen of the state,” she said. “I will follow the law until the Legislature, if they choose to, make any changes. There is a small area where we can suspend certain activities under the HALT Act.” 

DOCCS officials have stressed in negotiations, and in a Monday press briefing, that they can’t unilaterally change the remaining portions of the law. They also don’t appear to be advocating for it behind closed doors either.

State Sen. Julia Salazar chairs the state Senate Corrections Committee and participated in a briefing with DOCCS and the Department of Homeland Security Monday morning. 

“I’m certainly opposed and I think the majority of the Legislature is opposed to making changes to the HALT law and we were not encouraged to make any changes by the commissioners,” she said when asked if anyone with DOCCS or DHS had suggested that lawmakers consider changes to bring the strike to an end. 

It comes as DOCCS says seven incarcerated individuals have died in state facilities since the strikes began, and one at Mid-State Correctional has spurred an investigation by the state attorney general’s office and 11 staff members being placed on administrative leave.

With that and the December murder of Robert Brooks at Marcy Correctional Facility, Salazar said lawmakers should prioritize prison oversight, including expanding the authority of the Correctional Association of New York to visit prisons.

“We have a responsibility to make legislative changes that will prevent this from continuing to happen, and will make conditions safer for everyone inside,” she said.

Republicans lawmakers who have rallied around correction officers since the strike began took the opportunity to slam the governor for her reliance on the Taylor Law, which prohibits essential workers from walking off the job. State Senate Minority Leader Rob Ortt said he didn’t think the governor was demonstrating “leadership in the public view” in her insistence on clinging to the statute.

“I know she’s following the advice of her folks on the Taylor Law, and there’s other considerations, I understand that, but I think the goal should be to get these folks back to work as quickly as humanly possible,” he said.

Bray said the state would continue to rely on the National Guard as terminations and legal action proceeds.

“They are a large force, they are a robust force, they have very good leadership and very good soldiers,” she said. “They have been doing a phenomenal job, and I have no question in my mind that they can continue to do a good and a safe job.”

She said the long term goal is to ramp up recruitment but she also said that can’t begin “in earnest” until the strike ends, indicating that at least publicly the state doesn’t have a strategy to handle the strike that doesn’t involve the National Guard or the consent award.