The number of reported assaults on prison staff and incarcerated New Yorkers is at an all-time high, according to data from the state Department of Correction & Community Supervision. Prison violence has increased over the last five years, and the state correction officers' union wants the state Legislature to take action when session resumes in January.
But union leaders and the state are at odds over the next appropriate steps.
The total assaults on prison staff and incarcerated people are higher than ever, but DOCCS says about 98% of the incidents reported in the last three months resulted in no injuries, or minor injuries. But the state correction officers' union refutes that.
Recent data shows assaults on prison staff throughout the state have increased by nearly 70% in the last five years, hitting an all-time high with 1,760 assaults on staff so far this year, and 2,450 incidents on incarcerated people.
The state correction officers' union has blamed a law that took effect in 2022 that prohibits a person in prison from being held in segregated housing for no longer than 15 consecutive days.
"The staff, so to speak, doesn't have, they don't have the tools, essentially, to do the job to be able to help them keep control of the facilities," said State Sen. Patrick Gallivan.
Union leaders and Republican lawmakers are pushing for the Humane Alternatives to Long Term Solitary Confinement, or HALT Act, to be repealed. The law took effect in 2022.
Assembly Correction Committee Chair Erik Dilan says the increase in prison violence started years before HALT took effect and it's too soon to change it.
"They got to make the case that it makes sense to do so," Dilan said. "You can't just say, 'well, assaults are up, and you know, maybe not all of them are serious, so let's repeal HALT."
Dilan says Democrats in the Assembly don't have an appetite to repeal, or tweak, the law. And lawmakers plan to focus on reducing staff overtime mandates, facility updates and improving educational programs for people in prison instead.
Dilan added he plans to grill DOCCS and union leaders about the issue at upcoming budget hearings this winter.
"I'm more concerned about the programming that DOCCS has that provides reform for people who want to reform on the inside and how those services are being delivered," he said.
DOCCS told Spectrum News the department's prison violence task force continues to meet and strategize new methods to stop the violence. The department does not tolerate any assaults, but DOCCS stressed 98% of assaults on staff didn't result in serious injury.
Leaders with the state correction officers union refute that, arguing they've had members sustain a concussion, fractured elbow and broken nose from incidents with people in prison in the last three months.
In a statement, the state correction officers union said in part, “According to the New York State Penal Law, those are felony assaults. They can downplay the numbers all they want, but the reality is, staff are under siege on a daily basis without any relief or concrete solutions to address the violence.”
The state agency, meanwhile, is calling on the union to have more productive conversations with state leaders.
In a statement, officials with the department said in part, "While NYSCOPBA attends these meetings, it is time that the union participate with ideas that can be developed and implemented to decrease assaults on staff and on incarcerated individuals."
Dilan says he's spoken with DOCCS Commissioner Martuscello since he was appointed last year, and says the commissioner has brought up concerns about increased violence in state facilities, but has not asked for HALT to be repealed.