New Report Shows Juvenile, Mentally Ill Abuses Continue Under NYCDOC Commissioner Joseph Ponte

The Bronx Defenders recently put out a report on the use of solitary confinement at Rikers Island amid a growing number of reports of violence, abuse and mismanagement at the facility.

The study, titled Voices from the Box (PDF)surveyed 59 inmates between July 2013 and August 2014 and it confirms the horrifying and widespread use of solitary confinement against adolescent and mentally ill inmates.

Researchers found that half of Rikers prisoners in solitary were between the ages of 16 and 20, and 20% of them were teenagers. They also found that 72% of inmates in solitary were diagnosed with mental health issues, and “received grossly inadequate treatment” during isolation.

The United Nations believes that anything over a generous 15 days in isolation is tantamount to torture, yet the median number of days in confinement spent by Rikers inmates was 90. Many inmates spent over 23 hours a day in their cell. Continue reading

Damage Control Threatens Change at Rikers Island

On September 29th, the New York Times reported that the New York City Department of Corrections was eliminating solitary confinement for 16 and 17-year-old inmates at Rikers.

The department claimed it would be the “first round of changes” and “solitary confinement [would] be replaced by ‘alternative options, intermediate consequences for misbehavior and steps designed to pre-empt incidents from occurring.'”

New York City Department of Corrections Commissioner Joseph Ponte

New York City Department of Corrections Commissioner Joseph Ponte

While it’s fantastic news that these young inmates will no longer be subject to punitive segregation, the 16-17 year old age group at Rikers is a small portion of the population; only 300 of the 11,000 prisoners in the city’s jails would qualify for such leniency. The NYCDOC says there are 51 youths in solitary right now, but it’s unclear how many would see relief from this policy change.

It’s also great to hear the NYCDOC plans to replace solitary with ‘alternative options, intermediate consequences […] and steps designed to pre-empt incidents,’ however vague that may be. If it reduces the use of solitary confinement, it can’t hurt.

But I think it all misses the point: is there reason to believe that Rikers is the right environment for young people? Continue reading

CCA is on Both Sides of the Arizona Attorney General Race

I knew Corrections Corporation of America (CCA) had a strong presence in Arizona, but until last night’s Attorney General debate, I didn’t know the extent to which it was involved in this year’s election:

The candidates also sparred over [Republican Mark] Brnovich’s lobbying on behalf of private prisons. [Democrat Felicia] Rotellini cited his efforts to kill legislation that would ban companies from bringing violent criminals into Arizona from other states.

“Mr. Brnovich can’t get around the fact that his judgment was such that for a profit, for his own economic profit, he thought it was better to kill a piece of legislation that would (block) killers, rapists, into the state of Arizona,” she said.

Brnovich defended private prisons, saying they free up state prison construction money for other uses.

“I have spent most of my career putting people in prison, and yes I’ve worked for the Corrections Corporation of American to keep people there,” he said. This isn’t a partisan issue. Both Democratic and Republican governors have used private prisons in order to incarcerate individuals.”

He attacked Rotellini for taking contributions from Dennis DeConcini, who was on Corrections Corporations’ board until May.

“She’s comfortable taking money from the private prisons but now she wants to criticize Arizona for using them,” he said.

“That’s making a big assumption, that simply because I get a contribution from somebody that means I’m somehow going to be beholden to them,” Rotellini said while noting that she has thousands of contributors.

You can watch the debate from Arizona’s PBS affiliate. Continue reading

California’s Prop 47: Important, But Imperfect

California’s voters will soon vote on Proposition 47 (aka The Safe Neighborhoods and Schools Act of 2014), which would reform sentences for low-level, nonviolent offenders and divert millions of dollars from prisons to education, mental health and victim services.

I’m happy to see 62% of likely voters plan to support Prop 47 because it is badly-needed reform. California incarcerates more people than almost any other state in the nation, and Governor Brown’s court-ordered ‘prison realignment’ plan has only succeeded in shuffling (not reducing) the prison population and making inmates less-safe.

Meanwhile, nearly 30% of the state’s incarcerated are mentally ill as services disappear with draconian budget cuts. A 2011 report from the National Alliance on Mental Illness found the state “virtually divested itself of accountability for its residents living with serious mental illness, shifting responsibility to counties and, incredibly, slashing its state mental health staff…”:

In California, which has cut over $750 million dollars from its mental health budget in recent years, the governor suspended the mandate on counties to provide mental health services for special education students, meaning that the burden of providing and paying for their care is shifted to school systems, also struggling with limited resources.

Prop 47 would divert an estimated $750 million to $1.25 billion in savings from corrections to essential programs and services over the next 5 years.

Supporting this reform bill should be a no-brainer, although it’s unfortunate that the freedom of others will be put to a vote on a ballot. But since drug war-era politicians are loathe to lead the way for fear of Willie Horton-style reprisals, it looks like it will be up to the voters to return some sanity to the criminal justice system.

Passing Prop 47, it’s federal cousin, the Smarter Sentencing Act, and other decarceration bills, are important first steps towards breaking our dependency on prisons. The fact that these reforms exist and enjoy such a wide range of support shows that we’re moving in the right direction. But there are still lingering ‘tough on crime’ sentiments — in these bills and in the CJ reform movement in general — that remain as obstacles to achieving fair justice. Continue reading

Real Reform Won’t Come to Rikers Without the Department of Justice

If there was ever any doubt as to whether the DOJ needed to intervene in the clusterfuck on Rikers Island, this story should lay it to rest. The New York Times reports that officials at Rikers (some of whom have since been promoted) underreported violence against juvenile inmates for months and withheld key information about what happened and who was involved from US Attorney Preet Bahrara.

It’s a complex and heartbreaking story that, as the Times writes, “underscores the pervasive dysfunction of the city’s Correction Department.” I highly recommend reading the piece and taking a look at the document comparisons they provide. After reading this, I am convinced that any hope of securing safety and humane treatment for Rikers prisoners is not going to come from NYCDOC, but will have to come from the federal government, instead. Continue reading

Why Does Corizon Still Have a Contract for Rikers Island?

Two new lawsuits, filed by the relatives of deceased Rikers inmates, point to more atrocious conduct by employees of Corizon Health Services, Inc. Yet, despite their growing rap sheet, few have spoken out to demand the DOC end its contract with the troubled for-profit health care contractor.

Rikers has come under increased scrutiny since July, when the New York Times covered the violent conditions facing mentally ill inmates who are routinely brutalized by guards and neglected by Corizon’s medical personnel. The US Attorney’s office for the Southern District of New York also released a report detailing staggering violence by prison staff against juvenile inmates. The Department of Labor fined Corizon $71,000 for failing to protect employees from workplace violence, too.

Around that time, the family of 19-year old Rikers inmate, Andy Henriquez, sued Corizon after he died a slow and agonizing death in an isolation unit from a tear in his aorta. According to the lawsuit, when a doctor finally came to his cell just before his death, he gave Henriquez a prescription for hand cream under the wrong name.

On both sides of the prison walls, Rikers inmates’ calls for help have been met with a resounding and deadly silence. Aside from a weak bill that increases oversight for solitary while doing little-to-nothing to curb its use, there hasn’t been a single, consequential policy change on the island, or much of an effort to hold the DOC accountable for the deplorable conditions they’ve harbored there for so many years. There have been virtually no consequences for the corrections officers who routinely beat juvenile and mentally ill inmates, and no reassessment of its medical programs after Corizon employees repeatedly endangered — and in some cases, killed — the prisoners it was hired to help.

If lawmakers and the public need more disturbing, gruesome stories to understand the need for change, they should read the lawsuits filed on behalf of inmates Bradley Ballard and Carlos Mercado. Continue reading

Ohio Prison Inspection Committee Makes Preliminary Recommendations to Aramark

Ohio is taking baby steps towards improving food service in prisons served by Aramark.

The state’s Correctional Institution Inspection Committee (CIIC) has published preliminary recommendations for Aramark. Some of them are punitive and include measures that go beyond what other contractors might expect.

But others point to Aramark’s failure to do the most basic tasks required in food service.

Several of CIIC executive Joanna Saul’s recommendations should be routine at any establishment. I couldn’t believe Aramark hadn’t been doing these things in the first place: Continue reading