Correction Board: Replace Solitary Confi nement
City faces increased pressure to implement changes after 2019 death of trans woman
BY MATT TRACY
The city’s Board of Correction
(BOC) unveiled
a proposal that the de
Blasio administration
says would fi nally end solitary confi
nement in New York City jails.
The plan, which was put forth at
the BOC’s public meeting March 9,
calls to end solitary confi nement
by November 1 and replace it with
a so-called Risk Management Accountability
Plan, which would allow
for at least 10 hours per day
outside of a cell, fi ve hours of “daily
programming,” access to case
management services, individualized
behavioral support plans, and
occasional reviews by a multidisciplinary
team, according to a joint
announcement by the mayor and
the BOC.
The announcement comes at a
time when the city has faced increased
pressure to do away with
solitary confi nement — especially
in light of the 2019 death of Layleen
Xtravaganza Cubilette-Polanco,
a transgender woman who was
neglected by guards at Rikers who
left her alone while she suffered a
fatal health emergency in her “restrictive
housing” cell, which is a
form of solitary confi nement.
De Blasio touted the proposed
change as a shift towards valuing
life and rehabilitation while “making
good on our commitment to ban
solitary confi nement altogether,
creating jails that are fundamentally
smaller, safer, and fairer.”
Board of Correction chair Jennifer
Jones Austin, who is also
executive director of Fulfi lling the
Promise of Opportunity, said in
a written statement that the proposal
“will end solitary confi nement
in the New York City jail system
and replace it with a system
that aims to provide the care and
support needed to address violent
behavior and better ensure safety
for all.”
The de Blasio administration
said last June that the city would
immediately end the use of solitary
confi nement among individuals
with certain health conditions,
The jail complex at Rikers Island, where Layleen Xtravaganza Cubilette-Polanco died in 2019.
including diabetes, serious mental
illness, and those taking blood
thinners, asthma medication, or
medication for seizures. Those who
have received organ transplants or
have been diagnosed with heart
disease, lung disease, or kidney
disease were also on that list.
At the same time, the administration
announced the formation
of a working group that would seek
a path forward towards ending
solitary confi nement on a broader
level.
“The working group worked
diligently to develop a system that
would end the harms of solitary
confi nement, and keep offi cers,
staff, and people detained safe,”
BOC vice chair and executive
vice president of Fortune Society,
Stanley Richards, said in a written
statement March 8. “The workgroup
focused on building a system
of accountability, transparency,
and individualized support that we
know will change behavior.”
David Shanies, an attorney who
represents Polanco’s family, welcomed
the proposed changes.
“Solitary confi nement can be
extremely destructive, and even
deadly, as it was for Layleen Polanco,”
Shanies told Gay City News
in a written statement. “The Board
of Correction’s proposed reforms
cannot come soon enough.”
Last December, out gay City
Councilmember Daniel Dromm
proposed legislation that would
ban solitary confi nement unless it
is needed to “de-escalate immediate
confl ict,” and even then, individuals
would only be allowed to
be placed in solitary confi nement
for four hours.
The legislation also stipulates
that any use of solitary must come
with an explanation in the form
of an incident report outlining
why the individual was placed in
solitary, and among other requirements,
the bill also notes that “restrictive
housing” could only be
used for up to four months in a
given year.
Like the new proposal, the bill
states that incarcerated individuals
should be able to congregate
with others during out-of-cell time
and have access to education and
programming.
The proposed changes were also
announced roughly a week after
Polanco’s sister, Melania Brown,
urged de Blasio to take action
CRIMINAL JUSTICE
REUTERS/BRENDAN MCDERMID
against solitary confi nement.
“The Mayor invoked my sister’s
name and said he was going to end
solitary by October 2020,” Brown
said in a written statement following
a March 2 rally at City Hall. “We
are now in March 2021. I am not
OK with the Mayor and all these
people in power using my sister’s
name and her platform to silence
the people and then do nothing
about it. My sister is not a hashtag.
She is a human being who died in
the hands of the government. They
use solitary confi nement to further
hurt our loved ones. This torture
needs to end now.”
If the changes go into effect, it
remains to be seen how the Correction
Department would respond
to the new regulations. The City,
a non-profi t news publication, reported
last month that the department
has resisted rules imposed
by the BOC restricting the use of
solitary confi nement among young
adults. The department used an
“emergency variance declaration”
to justify the use of solitary for up
to 24 hours, according to The City.
Those in custody can leave public
comments on the board’s voicemail
box at 212-669-7900.
GayCityNews.com | MARCH 11 - MARCH 24, 2021 3
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