ALBANY, N.Y. – New York State is ending health insurance coverage for thousands of corrections officers who walked off the job and onto the picket line two weeks ago. State officials have also fired a handful of corrections officers who have gone 10 straight workdays without showing up for their scheduled shifts and say they will continue those firings as employees reach their 11^th day with an unexcused absence. 

The union that represents prison staff did not authorize the strike but has been meeting with DOCCS leadership and reached a tentative agreement on working conditions last week. Many of the correction officers on the picket line say the agreement doesn’t go far enough. 

A major sticking point seems to be the HALT Act. The Human Alternatives to Long-Term Solitary Confinement (HALT) Act is intended to ensure that inmates don’t get thrown in the “box” repeatedly for extended periods of time, but corrections officers say limiting the use of solitary confinement is making everyone less safe. 

The DOCCS commissioner, Dan Martuscello, says he agreed to a 90-day suspension of most of the HALT Act provisions and will re-evaluate the situation every 30 days, prison-by-prison to determine if reinstating the elements will create a safety issue. 

“In terms of repealing the law or making specific changes on terms of what conduct constitutes being able to be placed in a special housing unit or restricted housing, those are things that I have no ability to change, that would require the legislature to do so,” Martuscello says 

As for whether Governor Kathy Hochul has the authority to step in, “in terms of an executive order, as you know the legislature can override an executive order with 50% plus one so, there really is no change that we can immediately make to the HALT Act other than to go to the legislature to make changes,” Martuscello explains. 

7,000 NY Army National Guard members have been mobilized and 5,300 of them are inside New York prisons to maintain order. The state says the illegal strike has cost $25 million and would cost $106 million per month if it continued.

The News10NBC Investigative team obtained photos from inside a prison in the North Country that show the conditions that members of the National Guard are dealing with as they try to keep the peace. Most are working 12 hour shifts and then sleeping on mats or cots that have been set up in gymnasiums and/or locker rooms.    

“As they began to deploy into our facilities, the correction officers that remained on duty, they worked very closely and partnered with them and as they gained more and more comfort level, received training inside of the institution by our seasoned officers, they were then able to expand the duties that they were assigned and they’re doing a great job collaborating with the staff that are inside remaining,” Martuscello says. 

“The guard is doing everything they can to continue to run those facilities professionally and safely, it is our sincere hope that this strike ends, this illegal strike ends and ends quickly… ends today, ends tomorrow and let’s get back to work but the National Guard will stay for as long as we need the National Guard to stay,” says Jackie Bray, Commissioner of the Division of Homeland Security and Emergency Services.

Staffing is one of the main reasons corrections officers walked out in the first place. So, even if they were all to come back, there would still be a problem.

“No matter when this ends or how this ends, our long-term plan must be and is to recruit more corrections officers because our facilities run safer when we’re fully staffed,” Bray adds. 

Recruitment is going to be no small task for the state moving forward.  Martuscello recently testified that the department was down 2,200 corrections officers before the strike happened.  While the state is offering bigger signing and recruitment bonuses, pushing to be able to hire out-of-state workers and looking to bump the pay scales, it will be difficult to meet the staffing demands for the foreseeable future.

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