CANY Releases Report on Marcy Correctional Facility
Key Highlights: Observations of a Retaliatory Environment, Racial Disparities in Disciplinary Process Affecting Access to Food for Incarcerated Individuals
Marcy Operating Outside HALT Guidelines by Incarcerating Individuals with Mental Health Conditions in SHU Units
BROOKLYN, NY — Correctional Association of New York (CANY), designated by law to provide independent oversight of prisons in New York State, released a report after conducting a two-day monitoring visit to Marcy Correctional Facility in Central New York. The monitoring visit was carried out as part of CANY's oversight mandate, pursuant to Correctional Law §146(3). The publication of this report follows the recent issuance of a Post-Visit Briefing report on Mid-State Correctional Facility, which is co-located with Marcy.
On October 11 and 12, 2022, CANY conducted a monitoring visit of Marcy Correctional Facility, a medium-security men’s prison in Marcy. CANY representatives conducted meetings with prison staff as well as interviews with incarcerated people. The CANY visiting party carried out 117 interviews with incarcerated individuals in general population housing areas, disciplinary units, disciplinary units designed for individuals with severe mental illness and observation units for individuals in crisis. CANY developed findings and recommendations from its analysis of data collected, observations and conversations with both incarcerated individuals and staff during its monitoring at Marcy.
“A number of issues at Marcy troubled us during our monitoring visit, including pervasive allegations of racial discrimination, mistreatment by staff, and non-adherence to the requirements of HALT. Incarcerated people told us that Black individuals were turned away from the mess hall for wearing their hair in cornrows or braids. We are calling upon the State Inspector General and DOCCS’ Office of Special Investigations to investigate these serious allegations of racial discrimination and violations of human rights,” said Jennifer Scaife, Executive Director of the Correctional Association of New York.
Prison-Visit Briefing: Marcy Correctional Facility
Findings from the monitoring visit revealed several areas of concern that require attention and improvement. A detailed account of each of the findings can be found in the full report below. Key findings include:
Basic Provision of Services
People expressed dissatisfaction with the food quality and an inability to meet their dietary needs at Marcy. People alleged frequently having been denied access to the mess hall for failure to meet grooming standards that had a disparate effect on Black people. Some people alleged that short time limits to eat were sometimes imposed through threats and use of force.
Some people in the RMHU reported allegedly not having access to hygienic materials and personal property.
Incarcerated people reported that items in the commissary were inconsistently available and sometimes unaffordable; there was a lack of fresh fruit and vegetables.
Healthcare and Mental Health Services
Incarcerated people reported being unsatisfied with the quality and accessibility of healthcare services at Marcy. Staffing vacancies in medical, nursing and dental departments negatively impacted access to care and contributed to long wait times.
People in the RMHU and the SHU reported mixed experiences with mental healthcare, while people in general population units reported OMH being inaccessible and a lack of programs.
Staff Behavior
Incarcerated people reported rampant abuse by staff, including physical assaults and observations of a retaliatory environment across the general population units, the SHU, and the RMHU.
Incarcerated people alleged a significant number of instances of racialized abuse and discrimination including derogatory language and unequal treatment.
Discipline
Incarcerated people in the general population units and the RMHU expressed little confidence in the fairness of the disciplinary process at Marcy.
Incarcerated people reported being regularly held for more than 15 days in the Marcy SHU.
Grievances
Incarcerated people at Marcy expressed a lack of confidence in the grievance process.
Incarcerated people also reported delays and inattentiveness to grievances and fear of retaliation.
People in the RMHU reported not receiving responses to grievances.
Material Conditions and Environmental Issues
Incarcerated people in the general population units described inadequate temperature controls in housing units causing problems in both winter and summer weather.
HALT Implementation
The Marcy RMHU seemed to be operating outside of HALT guidelines. Concerns included a lack of congregate recreation, insufficient out of cell time, insufficient group programming and activities, and the shackling of incarcerated individuals during programs.
Incarcerated people were being held in the SHU well past the 15-day limit imposed by HALT and reported a lack of access to out of cell programming in the SHU. During that excess time, they allegedly were deprived of basic privileges, such as property, out-of-cell time, programming, and commissary access, that would be available to them in an RRU.
Nine of the 16 people in the SHU at the time of CANY’s visit were on the Office of Mental Health caseload despite being in a special population category that is prohibited from placement in the SHU.
Among the recommendations are:
Staff Behavior and Discipline:
DOCCS Office of Special Investigations (OSI) and State Inspector General investigate the widespread claims of abuse at Marcy, and make the findings and measures taken to address them reported to the public upon completion.
DOCCS implement the recommendations made by the New York State Inspector General in the November 2022 report entitled “Racial Disparities in the Administration of Discipline in New York State Prisons.”
Healthcare:
The State Legislature pass a bill to designate the New York State Department of Health as the oversight entity for healthcare provided in DOCCS facilities.
HALT Implementation:
The State Department of Corrections and Community Supervision (DOCCS) and the State Office of Mental Health (OMH) provide people in the RMHU access to at least seven hours of group out-of-cell programming and activities, seven days a week as required under the HALT law.
DOCCS remove people who are on the OMH caseload from SHU units as required under the HALT law and
DOCCS ensure people who have spent 15 days in the SHU are removed as required by HALT law.
About CANY
CANY, under §146, of New York’s Correction Law, is charged with visiting and examining the state's correctional facilities to identify and report on prison conditions, the treatment of incarcerated individuals, and the administration of policy promulgated by the executive and legislature. Founded in 1844 by concerned citizens of the state and deputized by the state to provide monitoring and oversight of the state’s prisons in 1846, CANY is one of the first organizations in the country prescribed to administer civilian oversight of prisons.
