CITY COUNCIL MEMBERS SANDY NURSE, CARLINA RIVERA JOIN SURVIVORS OF RIKERS & IMPACTED FAMILIES TO DEMAND INCREASED TRANSPARENCY FROM DEPARTMENT OF CORRECTION
As the City Council prepared to convene their Criminal Justice Committee hearing, members of the Campaign to Close Rikers held a press conference to encourage the passage of two pieces of legislation related to Rikers Island. Intro 423, sponsored by Council Member Rivera, defines specific protocols for the Department of Correction (DOC) to follow on notifying next of kin, the public, and oversight agencies after a person dies in custody, and when individuals have been released from custody due to a medical condition (compassionate release). Intro 412, sponsored by Council Member Restler, defines procedures to notify emergency contacts and attorneys when a person in custody is seriously injured, hospitalized, or attempts suicide. Speakers included family members of people who died and who suffered serious injuries in DOC custody, elected officials, and a member of the Trans Prisoners’ Rights Coalition advocating for legislation being heard by the City Council around housing and medical care for transgender and gender-nonconforming people in DOC custody. After the press conference, a panel of people whose loved ones have died and been seriously injured at Rikers testified first at the hearing inside City Hall.
Anthony Jordan’s death on August 20 made him the 33rd person to die in Department of Correction custody, or immediately after release, since Mayor Adams took office. His death came just weeks after Charizma Jones died just after release from DOC custody, after correction officers reportedly prevented her from receiving medical care at Rikers.
Serious injuries in DOC custody are also very common - the Nunez Federal Monitor’s October 2023 report, gave the example of a one-week period in September 2023 when “145 uses of force, 12 stabbings/slashings, 74 fights among incarcerated individuals, 48 individuals engaged in self-injurious behavior, 3 medical emergencies, 5 individuals that received Narcan, 15 fires, 34 assaults on staff, and 19 serious injuries were reported.” There are currently no laws requiring notification to emergency contacts or attorneys when a person in DOC custody is seriously injured, hospitalized, or attempts suicide, and family members often learn about these incidents from another person in custody reaching out to them.
"When someone is injured or passes away at Rikers, their family deserves to know immediately. It's deeply shocking and disappointing that we have to legislate this," said Council Member Sandy Nurse. "Intro 423 and Intro 412, put forward by my colleagues Council Members Rivera and Restler, will ensure that families receive timely notifications about serious incidents. These bills are about basic human dignity and respect regardless of incarceration status."
“Since this administration took office, 44 individuals have died on Rikers, and a culture of dysfunction and violence persists. Following the May 2023 announcement that the Department of Correction would no longer notify the public when an individual who is incarcerated dies, it became more clear that City Council must continue to install guardrails and implement laws that prevent the Department of Correction from concealing information that can be used to hold them accountable to their duty to care for those in its custody. Amidst continued brutality, it is time for corrective action, which cannot be done without public accounting,” said Council Member Carlina Rivera.
Council Member Lincoln Restler said, "New Yorkers in DOC custody face disturbing amounts of violence. While we work to finally close Rikers, we must guarantee that families are informed of any medical emergencies in real time by health professionals."
"Every person incarcerated must be treated with dignity and respect. Incarceration isolates people from their loved ones, increases poor mental health, and may sometimes lead to injury and death. Establishing transparent, accountable, and measurable actions to protect, and promote the well-being of people incarcerated is critical to advancing racial equity in our legal system" said Linda Tigani, Chair and Executive Director of the NYC Commission on Racial Equity (CORE). "Government must be accountable to taking all steps necessary to ensure emergency contacts, relevant city agencies, and relevant government oversight entities are informed of a death in custody. Int. No. 423 and 412 reflect key steps in government accountability to people who are incarcerated and their loved ones. We support these pieces of legislation as key steps towards the vigilance, remedy, and reconstruction that our city government must enact as outlined in the NYC Charter preamble.
Khadira Savage, member of Freedom Agenda and sister of Roy Savage said, "The least they could have done was contact me to notify me that my brother’s condition had worsened. It was like once he was placed into DOC custody all communication was cut and by the time anyone saw my brother again, he was unable to speak, eat or move to explain what had happened. City Council Passing Intro 423 and 412 is how we transmute very ugly situations into something honorable; every man deserves that right. Demanding Transparency is how you create solid solutions and hold people accountable, shining a light to what changes need to occur. Let’s grant families the right to make decisions and be present for their loved ones. Communicate so that there is an awareness of our family’s well being, that is not too much to ask for. It’s actually inhumane to have it any other way!”
"The dysfunction, unbearable environment, and neglect took my son’s life! After my son died, I called to request his belongings within 24 hours of his passing. The lawyer also called for his belongings, which included so many things we could've cherished. DOC told us his belongings had been “destroyed” - discarded like he wasn't even a person. They didn't care. I question every death on that island. What does the Department Of Correction have to hide? No city, state or government agency should have that power! I’m Brandon’s next of kin and I say let the world know how they dropped the ball,” said Tamara Carter, member of Freedom Agenda and mother of Brandon Rodriguez.
“If it weren’t for the diligence and care of a doctor, I would never have known about my brother’s condition,” said Cynthia Acevedo, member of Freedom Agenda and sister of Gregory Acevedo. “If there had been a protocol to notify family members about serious injuries, like Intro 412 requires, perhaps I could have made it to the hospital to see him before he was put on life support. And Intro 423 is also needed – it didn’t seem that DOC was ever going to notify me – it only happened because of the doctor. When we finally made it to the hospital, the disregard from DOC continued. My family rushed to the hospital, and we weren’t allowed to see my brother until the doctor pushed the issue to DOC to allow us to see him.”
Joanne Delapaz, member of Freedom Agenda said, “I was on the phone with my son at Rikers when he was stabbed, but all I heard was chaos in the background. I didn’t know what happened until another one of his friends who was inside with him called me and said they took him out of there bleeding, and he couldn’t breathe. I was so scared. I rushed over to Rikers Island with my family, and we demanded to know where my son was. The guard I spoke to was so disrespectful. He told us ‘Whatever happened to him happened,’ and he said, ‘If he was dead, you would know.’ We kept arguing and finally he said we should check at Bellevue. No one should be sent to a place as violent as Rikers, and Rikers need to be shut down. I’m going to keep fighting for that. But there are also smaller changes that this City Council can make right now to make sure that when people are hurt as badly as my son was in jail, family members are at least informed so we can be there for them.”
"To have a loved one in DOC custody is a terrifying experience for families. As if it's not bad enough that they are shipped off to an island penal colony and mistreated there, we can't even get accurate information about their well-being," said Melissa Vergara, member of Freedom Agenda. "During more than two hellish years on Rikers, my son has suffered multiple serious injuries. I was never notified. I would spend days not hearing from him, fearing the worst. This bill is an important step to create some of the transparency that the Mayor so badly wants to eliminate. I thank Council Member Restler for introducing it, and urge the Council to pass it immediately."
"For families and loved ones of incarcerated people, Rikers Island is too often a black box from which information can be extracted only at great effort and often too late to offer comfort. The Women's Community Justice Association and the BEYONDrosies Campaign urge the City Council to pass Intro 412, which creates protocols for notifying emergency contacts when an individual is seriously injured or hospitalized; and Intro 423, which creates similar protocols for death in custody and compassionate release. While in a functional system, neither measure would be as urgently needed as both are, as we must face and mediate the damage of the system that currently exists," said Jay Edidin, Director of Advocacy and LGBTQ+ Initiatives at the Women’s Community Justice Association.
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