NYC Council Introduces Bill to Restrict Pepper Spray Use in Jails to Emergency Situations Only

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A new proposal under consideration by the New York City Council aims to limit the use of pepper spray by correction officers in the city’s jails, restricting its deployment to emergency situations only. The bill, introduced by Councilwoman Sandy Nurse, seeks to require correction officers to obtain authorization from their tour commander before using high-powered oleoresin capsicum sprays, commonly known as pepper spray, except in cases where there is an immediate threat to life or severe risk to the safety or security of the facility.

The bill was introduced at Thursday’s council meeting and co-sponsored by Councilwoman Tiffany Cabán. The legislation would allow pepper spray to be used without prior authorization only 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."

Councilwoman Nurse, who chairs the criminal justice committee, did not discuss the bill during the meeting, but its introduction comes in response to growing concerns about the use of force in the city’s jails. A February report by the city's Board of Correction highlighted an "overreliance on chemical agents" within the Department of Correction, noting a nearly 50% increase in pepper spray incidents from the first 10 months of 2018 to the same period in 2023.

The report also cited specific instances where pepper spray was used on mentally ill inmates without consulting mental health staff, as required, and in situations where inmates were attempting to harm themselves, raising questions about the appropriateness of such force.

However, the proposed legislation has faced sharp criticism from the city’s correction officers’ union. Benny Boscio, president of the Correction Officers’ Benevolent Association, warned that the bill could endanger both officers and inmates. "Deploying chemical agents actually makes it less likely for inmates and officers to sustain serious injuries than by using physical force instead," Boscio said. He further challenged supporters of the bill to experience a day in the life of a correction officer working with gang-affiliated inmates to understand the risks involved.

Boscio also referenced a 2022 criminal justice committee hearing, attended by Councilwoman Nurse, where female correction officers recounted instances of sexual assault, emphasizing that chemical agents are used as a last resort in emergency situations to save lives.

Republican Council Minority Leader Joe Borelli expressed skepticism about the bill’s potential impact, suggesting it could pass the council despite concerns about safety. "The bill will only put correction officers in danger, so I am very confident it will pass the City Council," Borelli commented with evident sarcasm.

This legislative effort follows a controversial move by the city council in December to limit the use of solitary confinement in jails, a measure that Mayor Eric Adams partially blocked with an emergency executive order last month. The ongoing debate reflects broader tensions over how best to manage safety and humane treatment within the city's correctional facilities.