January 24th, 2022

***FOR IMMEDIATE RELEASE***

NYC Defender Joint Statement in Response to Mayor Adams’ Remarks on Gun Violence

(NEW YORK, NY) – The Legal Aid Society, Brooklyn Defender Services, The Bronx Defenders, The Neighborhood Defender Service of Harlem and Queens Defenders released the following statement in response to Mayor Eric Adams’ remarks on gun violence:

“We appreciate Mayor Adams’ commitment of significant resources to strategies that support a holistic approach to mitigate gun violence by expanding New York City’s Crisis Management System, mental health intervention services, and job development and housing support for young people, people in the foster system and those currently suffering homelessness. We fully support an expansion of the Summer Youth Employment program, the Fair Futures Initiative and employment opportunities for young people. These efforts will go a long way towards stabilizing communities in need of investment and resources.

However, we do not support Mayor Adams’ focus on discredited punitive and surveillance-based strategies, including his call for additional rollbacks to bail and discovery reform, amendments to Raise the Age, increased use of facial recognition and reinstatement of the NYPD’s historically racist Anti-Crime Unit. 

The data is clear: bail reform has not contributed to any increase in crime; rather, it has helped address the crisis in our local jails and allowed New Yorkers to remain safely at home with their families and communities while they fight their cases. The proposal to upend New York’s decades-old bail system by attempting to predict a person’s risk of future ‘dangerousness’ invites racial discrimination into our courtrooms and will lead to an  unprincipled and unwarranted increase in pretrial jail population, as it has done in several other states. 

The proposal to amend the Raise the Age law to increase the number of adolescents prosecuted as adults is equally ill-advised. The current law already allows for cases of gun possession to be retained in the adult court system; further rollbacks only risk undermining effective strategies for supporting young New Yorkers and addressing historical racial disparities. The current system ensures that all teenagers except those charged with the most serious crimes are prosecuted in a system with age-appropriate services and residential options. COVID-19 brought massive disconnections from necessary services, death and economic upheaval for the young people of our City. This is precisely the wrong time to unnecessarily push more young people into the criminal courts – a system designed for adults. New York spent decades laboring under the myth that children are adults with no evidence that the practice ever reduced crime rates. We should not roll back the clock.

Reinstating the NYPD’s Anti-Crime Unit without also addressing the culture and policies that drove that unit’s decades-long pattern of harassment and violence targeting Black and brown New Yorkers is a mistake. Today’s announcement gives the community members who live with the legacy of hyper-aggressive policing no comfort that Mayor Adams’s Anti-Crime Unit will be different from its predecessors. The Mayor must focus on addressing long standing problems with NYPD’s culture of impunity before he doubles down on strategies that will only perpetuate the harms of that culture.

Finally, regarding the Mayor’s claims that public defenders need to ‘return to work:’ public defenders from each of the six defender organizations in New York City have worked around the clock since March 2020 in our representation of our clients. The delay in trials has nothing to do with defenders and all to do with a backlog caused by COVID-19, a pandemic that forced the criminal legal system to a full halt for over a year and the lack of trial capacity in the courts.

We call on the Legislature to reject the Mayor’s wrongheaded proposals to rely on discredited punitive approaches and focus on investing in our communities.”

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Contact: 

Chi Nguyen, The Bronx Defenders (CNguyen@bronxdefenders.org)

Redmond Haskins, The Legal Aid Society (RHaskins@legal-aid.org)

Daniel Ball, Brooklyn Defender Services (Dball@bds.org)

Sam McCann, The Neighborhood Defender Service of Harlem (SMccann@ndsny.org)

Hettie Powell, Queens Defenders (hpowell@queensdefenders.org)

January 5th, 2022

***FOR IMMEDIATE RELEASE***

NYC Defenders Demand that City Stop Recording Phone Calls Made by Incarcerated New Yorkers

Thousands of privileged conversations between defense attorneys and their clients were recorded, with some of those recordings sent directly to prosecutors

(NEW YORK, NY) – The Legal Aid Society, Brooklyn Defender Services, The Bronx Defenders, New York County Defender Services, Queens Defenders and Neighborhood Defender Service of Harlem called on the city to cease recording all phone calls made by New Yorkers incarcerated in local jails. This call comes in response to an audit of recordings made by the New York City Department of Correction (DOC) and its jail phone service contractor, Securus Technologies Inc., which revealed that nearly 2,300 privileged calls between New Yorkers and their defense team were recorded. The audit follows public defenders’ discovery that prosecutors received recordings of attorney client conversations earlier last year. 

The Legal Aid Society, Brooklyn Defender Services, The Bronx Defenders, New York County Defender Services, Queens Defenders and Neighborhood Defender Service of Harlem, stated: 

“The illegal recording of conversations between incarcerated people and their defense teams , the overwhelming majority of whom have not been convicted of any crime, violates every bedrock principle of our legal system. Thousands of times, the people we serve believed they were having private and legally-protected conversations with their counsel. Thousands of times, DOC and its contractor Securus trampled that right. In some instances, conversations were turned over directly to the prosecutors. 

This is just one example of DOC’s blatant disregard for the rights and humanity of incarcerated New Yorkers – a disregard it continues to demonstrate by allowing deadly conditions at Rikers to persist. 

The recordings also underline the pernicious overreach of the city’s surveillance apparatus. Currently, DOC records every single call involving an incarcerated person, but claims to not record numbers it allegedly includes on its ‘Do Not Record’ list, like those belonging to the defense team. Even if legal calls were properly protected, the universal recording project is a violation of privacy and subjects incarcerated people to undue monitoring and control. Every call, no matter how personal, is recorded and frequently turned over to prosecutors. 

We demand an immediate end to recording of all phone calls made by New Yorkers incarcerated at New York City’s jails. 

DOC and Securus claim these recordings were made by mistake; that they did not intend to record calls between attorneys and their clients. The simplest way to ensure such a mistake is impossible in the future – and to prevent further damage to the legal system and our clients – is to end the wrongful draconian practice of recording phone calls made by incarcerated people every single call.” 

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Contact: 

Redmond Haskins, The Legal Aid Society (RHaskins@legal-aid.org) 

Daniel Ball, Brooklyn Defender Services (Dball@bds.org) 

Chi Nguyen, The Bronx Defenders (CNguyen@bronxdefenders.org) 

Lupe Todd-Medina, New York County Defender Services (LToddmedina@nycds.org) 

Sam McCann, The Neighborhood Defender Service of Harlem (SMccann@ndsny.org) 

Hettie Powell, Queens Defenders (hpowell@queensdefenders.org)

December 22nd, 2021

***FOR IMMEDIATE RELEASE***

 DOC Commissioner: COVID-19 Infection Rate Skyrocketing in Local Jails

 Positivity Rate Doubled in Last Day from 9.5% to 17% 

Only 38% of Incarcerated People in DOC Custody Fully Vaccinated

(NEW YORK, NY) – The Legal Aid Society, Brooklyn Defender Services, The Bronx Defenders, New York County Defender Services, Queens Defenders and Neighborhood Defender Service of Harlem called for the immediate release of incarcerated people and the halt of new admissions to New York City jails in response to a letter from New York City Department of Correction (DOC) Commissioner Vincent Schirali which notes that the COVID-19 positivity rate at Rikers Island continues to skyrocket due to the Omicron variant.

The letter states:

“While much of New York City may be spared the worst possible impacts of the Omicron variant due to relatively high vaccination rates, only 45% of our incarcerated population has received one shot of the vaccine, and only 38% is fully vaccinated. Until ten days ago, for the past several months our COVID positivity rate was consistently hovering at approximately 1%. Yesterday it was 9.5%. Today it is over 17%.

The combination of these data indicates that the risks to the human beings in our custody are at a crisis level. As you are aware, considerable efforts were made at the beginning of the pandemic to reduce the jail population immediately in order to avert a major humanitarian catastrophe. All indications suggest that our jail population faces an equal or greater level of risk from COVID now as it did at the start of the pandemic.

We are doing what we can to limit the spread of Omicron. Sadly, that includes the suspension of congregate services and in-person visitation, additional movement protocols for individuals who may have been exposed to COVID, and reductions in programming. These measures will have considerable negative effects on a jail population that is still reeling from two years of COVID and a staffing crisis that has contributed to unprecedented levels of tension, anxiety, and violence within the jails. The consequences of removing these basic services and supports from those in our custody will be felt by both persons in custody and the officers who work hard every day to keep people here safe. We believe we have no choice. 

I implore you to ask the courts to similarly consider every available option to reduce the number of individuals in our jail. Whether that means seeking supervised release in more cases or identifying cases that can be resolved with modifications to sentence length or requesting compassionate release for individuals who are at higher risk due to underlying medical conditions, I leave to your professional judgment.”

In response, New York City public defender organizations stated:

“As New York City experiences a massive surge in COVID-19 cases and hospitalizations, our fears that the virus would ravage the City’s jails have been realized, with positivity rates for people held in DOC custody doubling in the last 24 hours.

The virus is spreading like wildfire throughout Rikers Island and other DOC facilities, exacerbating an ongoing humanitarian crisis that has already taken the lives of sixteen people this year and forced countless others to endure life-threatening conditions while in custody.

Thousands of incarcerated New Yorkers are suffering, and DOC has proven to be incapable of caring for the health and safety of the people in its custody throughout the pandemic. Without immediate decarceration, more lives will be lost. We urge judges, district attorneys, and elected officials at every level of government to take immediate action to release people and halt new jail admissions.”

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Contact: 

Redmond Haskins, The Legal Aid Society (RHaskins@legal-aid.org)

Sarah Duggan, Brooklyn Defender Services (SDuggan@bds.org)

Chi Nguyen, The Bronx Defenders (CNguyen@bronxdefenders.org)

Lupe Todd-Medina, New York County Defender Services (LToddmedina@nycds.org)

Sam McCann, The Neighborhood Defender Service of Harlem (SMccann@ndsny.org)

Hettie Powell, Queens Defenders (hpowell@queensdefenders.org)

December 16th, 2021

***FOR IMMEDIATE RELEASE***

NYC Defenders’ Statement on Mayor-elect Eric Adams’ Comments on Solitary Confinement

(NEW YORK, NY) – Brooklyn Defender Services, The Bronx Defenders, Neighborhood Defender Service of Harlem, New York County Defender Services, and Queens Defenders released the following statement in response to Mayor-elect Eric Adams indicating his intention to reinstate solitary confinement at Rikers on January 1:  

“Solitary confinement has taken the lives of Kalief Browder, Layleen Polanco, Brandon Rodriguez, and countless others who have suffered the torturous conditions of the practice. Calling for people to be locked up in perpetual solitary confinement on the heels of the deaths of Malcolm Boatwright and William Brown ⁠— the 15th and 16th people to die in DOC custody this year ⁠— is not only inhumane, dangerous, and unconscionable; it also fails to grasp the root causes of the humanitarian crisis in the city’s jails. 

As anyone who has spent time on Rikers knows, the culture of violence and brutality is inherent in our dependence on pre-trial incarceration and the punitive nature of confinement. The answer to the crisis on Rikers Island is not more punishment. The Board of Correction agrees that punitive segregation does not provide safety.

We hope and expect that the mayor-elect will not make any decisions about solitary confinement without first hearing from impacted people, advocates, and experts on the topic.”

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Contact: 

Chi Nguyen, The Bronx Defenders (cnguyen@bronxdefenders.org)

Sam McCann, Neighborhood Defender Service of Harlem (SMccann@ndsny.org)

Daniel Ball, Brooklyn Defender Services (DBall@bds.org)

Lupe Todd-Medina, New York County Defender Services (LToddmedina@nycds.org)

Hettie Powell, Queens Defenders (hpowell@queensdefenders.org)

December 15th, 2021

***FOR IMMEDIATE RELEASE***

NYC Defenders Statement on Death of William Brown, the 16th Person to Die in DOC Custody This Year

(NEW YORK, NY) – Brooklyn Defender Services, The Bronx Defenders, Neighborhood Defender Service of Harlem, New York County Defender Services, and Queens Defenders released the following statement following the death of William Brown in Department of Correction custody. Mr. Brown was the 16th incarcerated person to die in New York City in the last year:

“Our city’s jails are deadly. Mr. Brown’s death today, the second in the last five days, is the result of DOC’s failure to protect the health and safety of people in its custody.  That failing continues to be compounded by the refusal of our elected officials – the mayor, the governor, district attorneys and judges – to do everything in their power to address the humanitarian crisis at Rikers and reduce the jail population in response to a mounting death toll. Their apathy to the lives of all those held on Rikers will kill again if left unchecked. 

While we are still learning details about Mr. Brown’s death, we know plenty about the deadly conditions in which he was held. A federal monitor described the jail as succumbing to ‘disorder and chaos,’ and noted that conditions have progressively worsened. We hear  horror stories from the people we represent every day, and we have witnessed firsthand people stuffed into tiny cells – or even shower stalls – forced to defecate into bags, wary of COVID and terrified that they might be the next person killed by these conditions. 

In fact, one person attempted suicide in front of us on a visit this September. 

The very real risk of death is part and parcel of Rikers Island at this point, and it is a risk judges and DAs have apparently deemed acceptable as they continue to send droves of New Yorkers into its cages every day. Last week alone more than 270 new people were sent to Rikers, bringing the total to 5,423 people – 82% of whom are being held pre-trial or on technical parole violations. We demand judges and DAs stop gambling with people’s lives. They must stop seeking and setting bail in virtually every eligible case. 

Sending people into cages because they cannot afford the price of their freedom has never been about public safety.Not only are people held on Rikers part of that public, but the overwhelming majority would be free if they could simply afford bail. 

As DOC continues to be responsible for more death and suffering, those who continue to put more New Yorkers in its custody bear responsibility for these deaths.” 

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Contact: 

Chi Nguyen, The Bronx Defenders (cnguyen@bronxdefenders.org)

Sam McCann, Neighborhood Defender Service of Harlem (SMccann@ndsny.org)

Daniel Ball, Brooklyn Defender Services (DBall@bds.org)

Lupe Todd-Medina, New York County Defender Services (LToddmedina@nycds.org)

Hettie Powell, Queens Defenders (hpowell@queensdefenders.org)

December 10th, 2021

***FOR IMMEDIATE RELEASE***

NYC Defenders’ Statement on the Death of Malcolm Boatwright in DOC Custody

NEW YORK, NY – Brooklyn Defender Services, The Bronx Defenders, The Legal Aid Society, Neighborhood Defender Service of Harlem, New York County Defender Services, and Queens Defenders released the following statement following the death of Malcolm Boatwright in DOC custody. Mr. Boatwright was the 15th incarcerated person to die in New York City in the last year:

“The tragedy of Malcolm Boatwright’s death today during his incarceration on Rikers Island is the latest horrifying consequence of the city and state’s failure to address the abysmal conditions that have now claimed the lives of 15 people this year. How many people must die for things to change? In the past year, people suffering in NYC jails have pleaded with the media to share their stories, demanded that policymakers take action, and implored judges to stop setting bail. And yet, people continue to die in NYC custody at a rate of more than one a month, and thousands experience daily suffering and dangerous conditions. Just one week ago, a court found that the Department of Correction had failed in its duty to provide people in city jails access to necessary medical care, and yet today we are mourning Mr. Boatwright’s death from ‘a medical issue.’

New York City failed Malcolm Boatwright. The problems began long before he arrived on Rikers Island and are endemic to the City’s failure to provide the basic human services that people need. Rather than providing Malcolm access to critical resources so he could thrive, he was locked away in a decrepit jail that ultimately caused his death at age 28. 

Elected officials and law enforcement leadership use fear-mongering and lies about bail reform, pre-trial detention, and conditions of confinement while District Attorneys and judges  continue to increase the number of people subjected to the utterly horrific conditions that are causing indescribable harm and death. 

We call on every person with power over New York City’s jails – at the City, State and Federal level – to stem the flow of people from our communities into putrid, unsafe cages. We are asking Mayor-elect Eric Adams to immediately take action to remedy the over-use of pre-trial detention and improve conditions for people in the NYC jails. This must be the first priority immediately upon taking office. Certainly those currently in a position to make changes have utterly failed; they have Malcolm Boatwright’s and 14 others’ blood on their hands.” 

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Contact: 

Chi Nguyen, The Bronx Defenders (cnguyen@bronxdefenders.org)

Redmond Haskins, The Legal Aid Society (rhaskins@legal-aid.org)

Sam McCann, Neighborhood Defender Service of Harlem (SMccann@ndsny.org)

Daniel Ball, Brooklyn Defender Services (DBall@bds.org)

Lupe Todd-Medina, New York County Defender Services (LToddmedina@nycds.org)

Hettie Powell, Queens Defenders (hpowell@queensdefenders.org)

October 21st, 2021

***FOR IMMEDIATE RELEASE***

NYC Defenders Decry Commencement of Transfers of Women and Transgender People on Rikers Island to Upstate Prisons

Initial Transfers of People from the Rose M. Singer Center in NYC to the Bedford Hills and Taconic Correctional Facilities Begin Today

(NEW YORK, NY) – The Legal Aid Society, Brooklyn Defender Services, The Bronx Defenders, Neighborhood Defender Service of Harlem, and Queens Defenders decried the commencement of Mayor Bill de Blasio and Governor Kathy Hochul’s plan to transfer nearly all of the women and transgender people currently in detention on Rikers Island to two upstate prisons operated by the state’s Department of Corrections and Community Supervision (DOCCS).

The NYC Defenders stated: “This morning, the first group of people have been transferred from the Rose M. Singer Center to upstate prisons, away from their families, friends, attorneys, social workers, and support networks. This ill-conceived plan was developed without the input of the women and transgender people – those directly impacted by the move – nor their advocates.

This decision was a false choice, and Governor Hochul and Mayor de Blasio could have urged that people be released to programs to keep them in New York City close to loved ones and services. Both offices ignored this obvious and humane approach but instead opted for a political stunt.

These New Yorkers signed a petition, and begged Albany and City Hall not to force them away from their family and community, which inflicts life-altering pain and trauma. This decision infringes on incarcerated people’s rights. We stand in solidarity with the people incarcerated at Rose M. Singer, and will continue to fight these transfers and stand ready to file litigation if necessary.”

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Contact: 

Redmond Haskins, The Legal Aid Society (rhaskins@legal-aid.org)

Sam McCann, Neighborhood Defender Service of Harlem (SMccann@ndsny.org)

Daniel Ball, Brooklyn Defender Services (DBall@bds.org)

Emily Whitfield, The Bronx Defenders (Ewhitfield@bronxdefenders.org)

Hettie Powell, Queens Defenders (hpowell@queensdefenders.org)

October 18th, 2021

***FOR IMMEDIATE RELEASE***

More than 70 Incarcerated Women and Transgender New Yorkers at Rikers Island Release Petition Protesting Transfers to Upstate Prisons

(NEW YORK, NY) – More than 70 incarcerated women and transgender New Yorkers at Rikers Island released a petition condemning a plan brokered by Governor Kathy Hochul and Mayor Bill de Blasio forcing them to transfer from New York City jails to Bedford Hills Correctional Facility or Taconic Correctional Facility, which are run by the New York State Department of Corrections and Community Supervision (DOCCS).

These New Yorkers write, “How does making female detainees more isolated and less able to meet with counsel, court advocates, and visitors address the emergency?”

The petition further states that ​​“this [plan] is simply a political maneuver designed to accomplish the closing of Rikers in name only. In reality, inhabitants at Rikers are being further violated once again starting with the women. How dare the governor sacrifice women for a photo op/headline?”

“This false ‘state of emergency’ in no way justifies creating obstacles to justice for detained women. We are unequivocally opposed to this edict and we will not be silent,” the petition continues.

“If you’re going to declare an emergency, we insist that the gov’t shoulder the burden, not the women who are already subjected to lengthy detention,” the petition concludes.

New York City’s public defender organizations, The Legal Aid Society, Brooklyn Defender Services, The Bronx Defenders, Neighborhood Defender Service of Harlem, New York County Defender Services, and Queens Defenders, who collectively represent over 80% of the impacted incarcerated people, also decried the plan. In addition to creating difficulties for family and loved ones to visit the incarcerated person, the move will impact their access to counsel and ability to prepare their case. Unlike other residents of the state-run facilities who have already completed their cases and are sentenced, the people scheduled to be transferred all have pending cases, where they need to confer with counsel on a regular basis.

The NYC Defenders stated: “The people scheduled for transfer cannot afford the price of their freedom. They have not been convicted of a crime and are presumed innocent. The answer to the crisis at Rikers is not to transfer women and transgender people against their will away from their programs, service providers, attorneys, social workers and investigators who are working with them on their cases, or their families and friends who care about and support them. Instead, the answer is to come up with creative ways to safely release them and ensure their return to court. No person who is being held pre-trial should be transferred without their consent.

As is stated best by those who signed the petition, they did not cause the problems, but they are being made to bear the burden of this ill-conceived plan.

We urge the Mayor and Governor to read and acknowledge the words of the impacted people as stated in the petition and reconsider this plan.”

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Contact: 

Redmond Haskins, The Legal Aid Society (rhaskins@legal-aid.org)

Sam McCann, Neighborhood Defender Service of Harlem (SMccann@ndsny.org)

Sarah Duggan, Brooklyn Defender Services (SDuggan@bds.org)

Emily Whitfield, The Bronx Defenders (Ewhitfield@bronxdefenders.org)

Lupe Todd-Medina, New York County Defender Services (LToddmedina@nycds.org)

Hettie Powell, Queens Defenders (hpowell@queensdefenders.org)

August 30, 2021

***FOR IMMEDIATE RELEASE***

NYC Defenders Statement on Death of Segundo Guallpa at Rikers Island

(NEW YORK, NY) – Gothamist reports that 58-year-old Segundo Guallpa passed away on Monday, August 30th of an apparent suicide in Department of Correction (DOC) custody. A healthcare worker on Rikers Island told Gothamist that: “People are sicker, they’re not able to get healthcare that they need, and that includes mental health care. The fact there have been so many people who have harmed themselves recently is of great concern.” Only 20 days have elapsed since the last reported death by suicide in the city jails.

Brooklyn Defender Services, The Bronx Defenders, The Legal Aid Society, Neighborhood Defender Service of Harlem, New York County Defender Services, and Queens Defenders issued the following statement regarding Mr. Guallpa’s death:

“Mr. Guallpa’s death in DOC custody is a tragedy, and we are deeply saddened by the loss of his life. Mr. Guallpa was at least the ninth person to pass away at Rikers Island this year, as the jail population grows to levels not seen since before the pandemic and jail conditions create an unconscionable humanitarian crisis. To protect the health, safety, and lives of those incarcerated in city jails, we urge our elected officials, judges, and prosecutors to take swift action to remove people from this life-threatening environment.

The escalating spread of COVID-19 in the jails, a mass wave of staff absenteeism, persistent mismanagement, and a toxic staff culture have created an extremely dangerous situation in which incarcerated people do not have basic levels of healthcare, safety and security. We demand that our elected leaders address this crisis; ask prosecutors and judges to use their discretion to reduce the number of people sent to jail and release people currently held in the city jails; and urge the DOC to use its power to release people currently held in city jails and to treat those who remain in custody with basic human dignity.

New York City must take decisive action to reduce the jail population and prevent further suffering, before yet another life is lost.”

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Contact: 

Press Office, The Legal Aid Society (press@legal-aid.org) 

Jared Chausow, Brooklyn Defender Services (JChausow@bds.org) 

Ryan Karerat, The Bronx Defenders (RKarerat@bronxdefenders.org) 

Lupe Todd-Medina, New York County Defender Services (LToddmedina@nycds.org) 

Sam McCann, The Neighborhood Defender Service of Harlem (SMccann@ndsny.org) 

Hettie Powell, Queens Defenders (hpowell@queensdefenders.org) 

August 26, 2021 

***FOR IMMEDIATE RELEASE*** 

NYC Defenders Urge Mayor, Governor, and DOCCS Commissioner to Immediately Address the Humanitarian Crisis in New York City’s Jails 

(NEW YORK, NY) – The Legal Aid Society, Brooklyn Defender Services, The Bronx Defenders, New York County Defender Services, Queens Defenders and Neighborhood Defender Service of Harlem, in a recently issued letter, called on Mayor Bill de Blasio, Governor Kathy Hochul, DOCCS Commissioner Anthony Annucci, and DOC Commissioner Vincent Schiraldi to immediately address the humanitarian crisis unfolding in the New York City jails. 

The letter states: 

The jails simply cannot house people safely. In addition to the increasing spread of COVID-19, a mass wave of staff absenteeism has created an extraordinarily dangerous disruption to both security and basic services for people in custody. For this reason among many other complex factors, the New York City Department of Correction (“DOC”) cannot presently maintain basic levels of health, safety and security in the jails. Incarcerated people are locked in housing areas for days with no food, showers, access to lawyers or medical visits. They are not being protected from violence. 

With this in mind, we urge you to take the following steps without delay: 

• First, we ask you to work with us to urge prosecutors and judges to use their discretion to both reduce the number of people sent to jail and release people currently held in the city jails. Prosecutors and judges’ willingness to decarcerate saved lives at the height of the pandemic and a similar will is necessary in the present extraordinary circumstances. We also urge Commissioner Schiraldi to brief the chief administrative judges and five New York City District Attorneys as to the horrific conditions in city jails and urge increased scrutiny around bail requests/bail setting and any other prosecutorial/judicial action that increases the current DOC population.

• Second, as the Mayor did during the first wave of the pandemic, he should exercise the power conferred by Correction Law Article 6-A to grant work release to people serving sentences in city jails. The Mayor’s prior intervention resulted in a meaningful reduction in the jail population, removing people from congregate settings as infections spiked.

• Third, the Mayor must take all available measures to address the staff absenteeism and end all triple and quadruple shifts by correction officers.

• Fourth, the Governor should immediately sign the “Less Is More Act” (S1144 Benjamin /A5576 Forrest), a bill that would overhaul New York’s punitive parole revocation system. Of immediate relevance, Less Is More would eliminate mandatory detention in cases where people were charged with violating their parole and dramatically limit incarceration as a sanction for any technical violation of parole. To ensure these tools are immediately applied to this crisis situation, Acting Commissioner Annucci should exercise his discretion to operationalize Less Is More immediately and lift the parole violation warrants for those people currently in city custody. As of August 25, there were 269 people in city jails who were only charged with technical violations of parole and were not charged with any new crime. The passage of Less is More by the New York State legislature was vindication of the principle that the over-incarceration of people on parole was bad public policy; to continue to house people who would be released under that bill in the current unsafe environment is beyond unjustifiable. 

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Contact: 

Press Office, The Legal Aid Society (press@legal-aid.org) 

Jared Chausow, Brooklyn Defender Services (JChausow@bds.org) 

Ryan Karerat, The Bronx Defenders (RKarerat@bronxdefenders.org) 

Lupe Todd-Medina, New York County Defender Services (LToddmedina@nycds.org) 

Sam McCann, The Neighborhood Defender Service of Harlem (SMccann@ndsny.org) 

Hettie Powell, Queens Defenders (hpowell@queensdefenders.org)