A brand new proposal being thought of by the New York Metropolis Council would restrict correction officers’ use of pepper spray to manage inmates appearing out within the metropolis’s jails.
The invoice, launched Thursday, would require correction officers to acquire authorization from their tour commander earlier than utilizing high-powered oleoresin capsicum sprays, in any other case often known as pepper spray, on inmates besides in emergency conditions.
Democrat Councilwoman Sandy Nurse, who chairs the legal justice committee, launched the invoice at Thursday’s council assembly, placing it on the agenda however by no means discussing it, in line with the New York Put up. Democrat Councilwoman Tiffany Cabán signed onto the laws as a co-sponsor.
Below the proposal, pepper spray may solely be fired in “emergency cases when a delay in use … presents an immediate threat of death or serious injury or severely threatens the safety or security of the facility.”
However the metropolis’s correction officers union is warning that this invoice places each correction officers and inmates in hurt’s method, with the group’s president, Benny Boscio, telling the New York Put up that deploying chemical brokers “actually makes it less likely for inmates and officers to sustain serious injuries than by using physical force instead.”
“We invite Councilmember Nurse and any other councilmembers who support this reckless legislation to spend a full day with us in a housing area with gang-affiliated inmates and see if they still think our officers’ hands should be tied when utilizing chemical agents,” Boscio informed the outlet.
Boscio additionally defined that Nurse was at a legal justice committee listening to in September 2022 through which feminine correction officers recounted their experiences of being sexually assaulted.
He mentioned Nurse “should know full well by now that chemical agents are only used in emergency situations, and it must be deployed immediately in order to save the lives of anyone in our jails who is being attacked by assaultive inmates.”
The invoice “will only put correction officers in danger, so I am very confident it will pass the City Council,” Republican Council Minority Chief Joe Borelli informed the New York Put up in jest.
The laws was launched after a metropolis jails oversight board launched a report in February criticizing the New York Metropolis Division of Correction’s “overreliance on chemical agents.”
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The Board of Correction discovered there have been 2,972 pepper spray “incidents” in metropolis jails through the first 10 months of 2023, a rise of practically 50% from the primary 10 months of 2018.
The board additionally pointed to 24 examples in October through which correction officers deployed pepper spray on mentally unwell inmates with out first consulting psychological well being employees, as required.
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The report additional cited eight circumstances that very same month, when officers used pepper spray on inmates making an attempt to hold themselves as a substitute of first reducing or eradicating the ropes or different ligature.
This comes after town council accepted a invoice in December to severely restrict the usage of solitary confinement in jails, though Democrat Mayor Eric Adams signed an emergency govt order final month blocking main elements of the measure shortly earlier than it was slated to enter impact.