Judge Expresses Disapproval of New York City’s Management of Jails after Federal Prosecutor’s Call for Takeover
The top federal prosecutor in Manhattan recently called for New York City’s jails, including the notorious Rikers Island, to be taken over by an external authority. The following day, the judge who would make the decision expressed strong disapproval of the city’s management of the jails.
Federal Judge Laura Taylor Swain stated in a court filing that Mayor Eric Adams’ administration had failed to address the dangerous conditions and ongoing crises at Rikers Island and other lockups. She raised concerns about the city and its Department of Correction’s capability to safely and properly manage the jails.
Rikers Island has experienced a descent into chaos over the past three years, with violence and self-harm among detainees skyrocketing after the pandemic. Lawyers representing those confined at Rikers have repeatedly requested that Judge Swain strip the city of its control over the jail complex. In a significant development, U.S. Attorney Damian Williams for the Southern District of New York joined them, stating that the city’s years-long crisis needed an immediate remedy.
The appointment of an outside authority, known as a receiver, would derive its power from the federal court and would be able to override state and local laws. This could potentially circumvent contracts that have tied the jails to the largest correction officers union in the city. It could also lead to the release of certain detainees to address overcrowding or simplify the procurement process for essential items like locking doors.
Although Judge Swain’s comments do not guarantee the appointment of an outside authority, they highlight the increasing likelihood of the city losing at least some control over the jails. This would undoubtedly tarnish Mayor Eric Adams’ administration. However, the decision is still several months away.
During a news conference, Mayor Adams passionately defended his record and expressed frustration and defiance at the idea of a takeover. He claimed that his administration had improved the jails, referring to an April report from a federal monitor overseeing conditions at Rikers. However, he neglected to mention the monitor’s caution regarding persistently high rates of violence among staff and detainees.
The situation in the jails has further deteriorated in recent months, with six people dying while in custody or shortly after release. Reports from the federal monitor have criticized Mayor Adams and Correction Commissioner Louis A. Molina for concealing incidents of violence and negligence. These revelations include a detainee being paralyzed in a confrontation with correction officers and another incident involving a badly beaten detainee left naked in a jail facility for hours.
The lack of transparency was raised by a reporter during the news conference, to which Mayor Adams responded by emphasizing the city’s progress and trend in the right direction. He called for dialogue and collaboration to correct the system.
New York City’s jails have faced significant challenges for decades, but the recent crisis was exacerbated by the arrival of the pandemic in March 2020. The fall of that year saw many correction officers being infected with Covid-19, resulting in a mass absence from work. The resulting violence and chaos in the jails led to the deaths of over 40 people since the beginning of 2021.
Rikers Island is mandated by city law to close by 2027. If an outside authority is appointed, they may assume control of the jail complex until its closure. In the history of the United States, federal and state judges have approved transfers of power away from local jail or prison authorities in about a dozen cases, the first being in Alabama in 1979.
Hernandez D. Stroud, senior counsel at the Brennan Center for Justice at New York University School of Law, believes that a receiver could introduce a fresh start for the city’s jails by revamping their operations. However, he cautions that a receiver is not a cure-all solution.
Judge Swain’s recent filing did not reference U.S. Attorney Williams’ call for the appointment of a receiver. In the upcoming weeks and months, the judge is likely to seek input from all parties involved regarding the necessity of a receiver, potential candidates for the role, and the scope of their authority.
Elizabeth Glazer, former director of the Mayor’s Office of Criminal Justice and a former Southern District prosecutor, supports the idea of a receiver. She believes it is in the best interest of detainees, staff, and the city to embrace the appointment and use it as an opportunity for much-needed reforms.
Reversing the problems at Rikers and the city’s other jail facilities will be a challenging task that cannot be easily accomplished. There is no guarantee that a receiver will succeed where previous correction commissioners have failed in the past. The appointment of a receiver should be seen as a step toward progress, but not a panacea.
(Note: Maria Cramer contributed to this report.)