Rikers Island Reform: the Good, the Bad and the Omitted

After a summer and fall wracked with reports of violence, corruption and abuse on Rikers Island, it seems like change, in some form, is finally on its way. Growing protests over law enforcement brutality and the advent of prosecutions, federal lawsuits, committee reports and policy changes now conspire to face down many of the NYC Dept. of Corrections’ worst demons.

Some of the possible reforms have yet to germinate, such as those stemming from the Justice Department’s lawsuit aimed at improving conditions for juvenile prisoners. It could take months or even years before cases like these are resolved and begin to influence the situation on the island. The same goes for the slow drip of prosecutions against individual guards like Terrance Pendergrass and Austin Romain.

The most immediate changes, however, can and will likely come from Mayor de Blasio’s administration, which delivered its own plan to tackle some of the major problems facing the city’s prison system at the end of last year. De Blasio is taking aim at the out-of-control state of prison mental healthcare, made more imperative by a surge in the number of such inmates: roughly 40% of Rikers inmates have been diagnosed with mental illness.

Rikers reform has been trickling out of the mayor’s office for a few months now. In November, at a press conference in which the mayor alluded to some of the greater reforms he would propose a month later, de Blasio said the city would spend $15.1 million to triple the number of security cameras in its jails. He also ordered a new unit for transgender women and “proposed placing the most violent inmates in new units, called enhanced supervision housing, where they would be locked in their cells 17 hours a day.”

In December, the mayor’s task force provided a concrete outline for reform that attempts to reach beyond prisons to other parts of the system in hopes of breaking the cycle of incarceration. The plan also contains a strategy for ‘multi-agency teams’ to oversee implementation, measure progress and hold people and agencies accountable. Here are some of the more-promising and immediate changes listed in the task force report: Continue reading

Are NYPD Protests Reaching Rikers Island?

In December, the New York Times ran a story on a sadly historic event:

The first Rikers Island correction officer to be tried for civil rights abuses in more than a decade was found guilty on Wednesday by a jury for his role in the death of an inmate in 2012.

Terrence Pendergrass could serve up to 10 years in federal prison for refusing to seek medical attention for Jason Echevarria, 25, a pretrial detainee, who cried out for help after swallowing a highly toxic packet of detergent that burned through his digestive tract.

Mr. Pendergrass was found guilty of one charge of violating the constitutional right of a prisoner to receive attention for serious medical needs. His lawyer, Samuel M. Braverman, said he would appeal the decision, which was handed down in Federal District Court in Manhattan.

This was the first time in over a decade that a Rikers corrections officer went to trial for civil rights violations. Before him was Roger Johnson in 1996, after he and several other Rikers guards beat inmates and then falsified reports.

After representing a man who refused medical attention for a dying and helpless prisoner, defense attorney Samuel Braverman said he believed it was “a very tough time for a law enforcement officer to be on trial.” He told reporters he felt the recent protests against police brutality in the city ‘influenced the jury’ and said he thought the jury was trying to ‘compensate for other systemic issues at Rikers.’

While I’m willing to give Braverman the benefit of the doubt that these were more off-hand remarks meant to explain away the guilty verdict than they were honest, deep analyses of the system, these kinds of statements are revealing nonetheless.

If the protests are, in fact, moving juries to finally bring convictions against criminal Rikers guards, we should all go out and thank a protester today for bringing an end to an 18 year freeze in justice for inmates. But it remains to be seen whether this is an isolated case or the beginning of a thaw in legal accountability for Rikers officers. If it does continue, there is little doubt in my mind that we can expect to see the same reaction from them as we have from the NYPD and its unions. Rikers Island has its own history of lashing out against threats to their impunity that bares striking resemblance to the actions of the NYPD in recent months. Continue reading

Laughably Bad Security Allows Rikers Staff to Make Thousands of Dollars Selling Drugs, Alcohol and Weapons to Inmates

A new report by New York City’s Department of Investigation found rampant security violations on Rikers Island that allowed corrections officers and staff to sell contraband such as weapons, alcohol and narcotics to inmates for a sizable profit. DOI has been investigating the Department of Corrections since early January and plans to release a full report by the end of the year.

Security is so lax and inconsistent at Rikers facilities that a high schooler could get through the checkpoints without a problem. Smuggling vodka in a Poland Springs bottle? That’s the oldest trick in the book! But if you’re feeling lazy, lying works, too: one undercover investigator was able to smuggle contraband past a checkpoint by telling the security guard he had already emptied his pockets and didn’t need to do it again.

Here’s how the DOI described the ease with which CO’s and staff could make it through security with prohibited items: Continue reading

New York City Jails Need More than Resignations and Reforms

There has been a flurry of activity surrounding the NYC Department of Corrections and Rikers Island after a series of horrendous reports exposing subhuman conditions, abuse and corruption at the city’s largest jail. But I am unconvinced that the situation is moving in the right direction.

The top uniformed official at the Department of Corrections, William Clemons, resigned at the end of October. Clemons was one of two men to have been promoted by DOC Commissioner Joseph Ponte after corrections staff fudged statistics on jail fights to make it look like the number of violent incidents were down on his watch, when in fact they just weren’t making their way into the reports. (The other was Turhan Gumusdere, who Ponte promoted to become the warden of the Anna M. Kross Center on Rikers.)

Ponte, who was appointed by de Blasio and is said to be a ‘reformer,’ stood by the promotions even after the public became aware that the performance reports at their foundation were completely fraudulent. It was only after the department came under fire for conditions at Rikers that Clemons tendered his resignation. Two of Clemons’ deputies — Joandrea Davis and Gregory McLaughlan — resigned along with him. Continue reading

Corizon Lied to Families of Deceased Rikers Island Inmates

Corizon Health Services, inc. (formerly known as Prison Health Services, Inc.) routinely lied to families of deceased Rikers Island inmates about their cause of death — including incidents for which the company may have been responsible.

A spokesperson for Corizon told reporters that the death investigations were not technically kept secret from the families because they were always available through public records requests– an extremely difficult and time consuming process that not only forms an unnecessary obstacle to obtaining information they have the right to possess, but also ignores the fact that the families didn’t know there were investigations in the first place. How could they request documents for an investigation they didn’t know existed?

Meanwhile, as internal reports showed the company was regularly failing in its duty to care for inmates, Corizon continued to win contracts and make a profit selling taxpayers a terrible service: Continue reading

Rumor Has It That NYC May End Corizon Contract on Rikers Island

For years, the nation’s largest for-profit prison healthcare provider — Corizon Health Services, Inc. — has repeatedly won lucrative government contracts despite numerous appalling reports and hundreds of lawsuits for inmate abuse and employee misconduct.

But with the possibility of a federal intervention looming over their heads, NYC officials are considering revoking their contract with Corizon. The AP reports that anonymous leaks from the de Blasio administration claim the city drawing up plans to replace its private contract with a public or non-profit healthcare model. Continue reading

New York City Doesn’t Care About Young People

NYC city council held a hearing yesterday featuring department of corrections commissioner and fabled “reformer” Joseph Ponte.

It was cathartic to see some city council members confronting Ponte over the DOC’s utter failure to protect young prisoners on Rikers Island. In discussing the case of Kaleif Browder (a 16 year old boy who was wrongfully imprisoned and spent nearly 800 days in solitary confinement) city councilman Daniel Dromm (D) told Ponte that officials “subjected this child to torture. There’s no other way to put it.”

Nonetheless, Ponte seemed to be unmoved by the gravity of the situation. He continued to parrot his weak assortment of promises to reduce violence and phase out the use of solitary for a small number of the facility’s incarcerated children. Unfortunately, the “reforms” have more holes than swiss cheese, and are so weak as to suggest they would be more accurately described as ‘damage control.’

When confronted about his promotion of two Rikers officials to top positions, despite emerging evidence that their staff routinely underreported jail fights, Ponte never once hinted he would do the reasonable thing, which would be to review his decision in light of this new information. Instead, he pretty much tried to shrug it off: Continue reading