Methodology

This investigation began with a review of hundreds of letters received by Human Rights Watch from New York State prisoners describing their experiences with substance use, in-prison treatment programs and disciplinary confinement for substance use. Human Rights Watch then conducted interviews of 50 current and recently released prisoners. Interviews were conducted at Attica, Great Meadow, Gowanda, and Sing Sing, as well as two women's prisons (Albion and Bedford Hills) and two "supermax" facilities (Southport and Upstate Correctional Facility.) Prisoners at these facilities were interviewed in conditions that ensured confidentiality. Pseudonyms are used in this report to ensure privacy and safety for those interviewed.

Documents were obtained under Freedom of Information Law (FOIL) requests to the New York State Department of Correctional Services, the New York State Commission on Corrections, the New York State Department of Health, and the New York State Division of Parole. Portions of the FOIL request to the Department of Correctional Services were denied, and are under appeal at the time of this writing.

Human Rights Watch interviewed New York State legislators and attended a series of public hearings sponsored by the legislature in spring 2008 to address issues of prison substance abuse programming and efforts to reform the Rockefeller Drug Laws. Human Rights Watch met with representatives of the New York State Office of Alcohol and Substance Abuse (OASAS,) public health and harm reduction experts, public defenders, judges, drug court officials and social workers, jail medical personnel and advocates and attorneys for prisoners in New York State.

Human Rights Watch also interviewed administrators of jail Medication-Assisted Therapy programs in New York, Connecticut, Rhode Island, Washington, and New Mexico. In Albuquerque, New Mexico, Human Rights Watch observed the methadone maintenance program in Bernalillo Metropolitan Detention Center. Human Rights Watch met with the Medical Director of the New Mexico State prison system as well as state and local public officials to discuss the challenges and feasibility of delivering Medication-Assisted Therapy in a correctional setting.

Human Rights Watch found access to the staff, administrators and top officials at the New York State Department of Correctional Services to be limited. Human Rights Watch visited the Willard Drug Treatment Campus in Romulus, New York and met with the Superintendent, Deputy Superintendent, substance abuse counselors and prisoners at that facility. However, Human Rights Watch's request to meet with substance abuse counselors from other facilities was declined, though one counselor contacted us voluntarily during the course of the investigation. Our requests for meetings with the Commissioner of the Department of Correctional Services and the Deputy Commissioner of Program Services to discuss this report were declined, on the grounds that the report was not "authorized" under the Department's research directive.

As a human rights organization documenting abuses of international human rights law since 1978, Human Rights Watch research does not fall under the category of scientific study covered by the DOCS research directive. Human Rights Watch research methodology is subject to internal ethical and legal review, based on strict standards to protect informants and ensure the integrity of the research process.  Human Rights Watch remains open to communication with the Department of Correctional Services at any time.