One day after a New York Supreme Court Judged issued a restraining order against Corrections Officers refusing to go to work as they reject mandated 24-36 hour shifts and demand safer working conditions through the repeal of H.A.L.T., a law enacted to eliminate solitary confinement used as punishment or retaliation against incarcerated people in their care, the Department of Corrections and Community Supervision (DOCCS) Commissioner, Daniel Martuscello III, issued a memo on Thursday that would temporarily suspend parts of the H.A.L.T. Act, which stands for Humane Alternatives to Long-Term Solitary Confinement.

As explained by WSKG, "The HALT Act is meant to limit extended solitary confinement. It allows for some hours outside the cell while in solitary holding. Its use is prohibited to those 21 years or younger, or 55 years and older—and those who are disabled or pregnant. Solitary confinement is also limited to 15 consecutive days."

Retired Corrections Officers who have been speaking on behalf of currently employed Corrections officers have indicated that the officers will not end the strike until H.A.L.T. is repealed, citing unsafe working conditions when incarcerated people cut and injure other incarcerated people or other officers.

Retirees have told ALBB that without disciplinary repercussions for physical abuse, there is incentive for people not to get into fights who feel compelled to do so. Separating two individuals fighting has become almost impossible.

Yet, as is common in the judicial system, revenge can be carried out by those in authority within the judicial system to send someone into solitary confinement who otherwise did not deserve to be separated or punished in that manner.

The recent death of Robert Brooks by a group of Corrections Officers who took turns beating him is fresh in the news as a reminder to how unsafe an incarcerated person can be within prison walls. As of this reporting, at least 10 officers have been charged in his beating, as reported by Syracuse News. The beating death of Robert Brooks was only revealed because body cameras were on some officers involved in the killing.

The memo from DOCCS offered that solitary confinement "can take place under 'exceptional circumstances' that 'create a significant and unreasonable risk to the safety and security of other incarcerated persons, staff or the facility,'” WSKG reported.

DOCCS also offered to take no disciplinary action against anyone striking if they reported to work the next day. However, the number of people on the picket line across from Fishkill Correctional Facility has only increased since then.

WSKG reports that the DOCCS memo also "eliminated" the 70/30 memo issued by DOCCS Commissioner Daniel that codified a lower staffing requirement. Fewer people on staff means more employees are mandated to work 24-36 hour shifts and forced to earn overtime that they did not sign up to earn. The 70/30 rule established 70% staffing as the new 100%. The Commissioner has since offered to reverse that in this latest memo, according to WSKG.

For those officers not on strike, overtime will be granted at 2.5 times the regular rate of pay.

The memo also stated that DOCCS would work with the Corrections Officers Union, the New York State Correctional Officers and Police Benevolent Association (NYSCOPBA) to increase recruitment issues. Retirees have stated that recruitment is a problem because of the increased violence that happens to incarcerated people and officers since the H.A.L.T Act was enacted. Spectrum News published the rate of increased violence to both parties over the years.

It is not clear why anyone would want to work as a Corrections Officer under these conditions. It is clear that people who become incarcerated are not always safe from other incarcerated people, Corrections Officers, or people on the outside who want to enact revenge with increased charges to lengthen time spent in prison by tweaking levers of the judicial system to their advantage.

The National Guard remains deployed in several prisons throughout New York State to provide meals and medication to incarcerated people.

Pictured here is Fishkill Correctional Facility Superintendent Michael Daye, who last Thursday walked down a piece of paper to the group of people standing across the street from the prison. On video taken by ALBB, he can be heard saying to a retired officer representing the group: “I can’t make them take it, but I attempted to deliver it.”

ALBB could not confirm the content contained on the paper, and if it was the Thursday memo from DOCCS. Moments after he attempted to deliver the document and walked away, a person followed the Superintendent to retrieve the piece of paper.