Rikers Island

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Rikers Island
Rikers Island crop.jpg
(2004)
Location The Bronx, New York City
Nearest cityNew York City
Coordinates 40°47′28″N73°52′58″W / 40.79111°N 73.88278°W / 40.79111; -73.88278 Coordinates: 40°47′28″N73°52′58″W / 40.79111°N 73.88278°W / 40.79111; -73.88278
Area413.17 acres (167.20 ha)
Established1932
Governing body New York City Department of Correction

Rikers Island ( /ˈrkərz/ ) is a 413.17-acre (167.204 ha) island in the East River between Queens and the Bronx that is home to New York City's main jail complex. [1] It is close to the runways of LaGuardia Airport. [2] Supposedly named after Abraham Rycken, [3] [4] who bought the island in 1664, [5] the island was originally under 100 acres (40 ha) in size, but has since grown to more than 400 acres (160 ha). The first stages of expansion were accomplished largely by convict labor hauling in ashes for landfill. The island is politically part of the Bronx, although bridge access is from Queens and it is included as part of Queens Community Board 1 and uses a Jackson Heights, Queens, ZIP Code of 11370 for mail. [6]

East River Navigable tidal strait in New York City connecting New York Bay, the Harlem River, and the Long Island Sound

The East River is a salt water tidal estuary in New York City. The waterway, which is actually not a river despite its name, connects Upper New York Bay on its south end to Long Island Sound on its north end. It separates the borough of Queens on Long Island from the Bronx on the North American mainland, and also divides Manhattan from Queens and Brooklyn, which are also on Long Island. Because of its connection to Long Island Sound, it was once also known as the Sound River. The tidal strait changes its direction of flow frequently, and is subject to strong fluctuations in its current, which are accentuated by its narrowness and variety of depths. The waterway is navigable for its entire length of 16 miles (26 km), and was historically the center of maritime activities in the city, although that is no longer the case.

Queens Borough in New York City and county in New York, United States

Queens is the easternmost of the five boroughs of New York City. It is the largest borough geographically and is adjacent to the borough of Brooklyn at the southwestern end of Long Island. To its east is Nassau County. Queens also shares water borders with the boroughs of Manhattan and the Bronx. Coterminous with Queens County since 1899, the borough of Queens is the second largest in population, with an estimated 2,358,582 residents in 2017, approximately 48% of them foreign-born. Queens County also is the second most populous county in the U.S. state of New York, behind Brooklyn, which is coterminous with Kings County.

The Bronx Borough in New York City and county in New York, United States

The Bronx is the northernmost of the five boroughs of New York City, in the U.S. state of New York. It is south of Westchester County; northeast and east of Manhattan, across the Harlem River; and north of Queens, across the East River. Since 1914, the borough has had the same boundaries as Bronx County, the third-most densely populated county in the United States.

Contents

The island is home to one of the world's largest correctional institutions and mental institutions, [7] and has been described as New York's most famous jail. [8] The complex, operated by the New York City Department of Correction, has a budget of $860 million a year, a staff of 9,000 officers and 1,500 civilians managing 100,000 admissions per year and an average daily population of 10,000 inmates. [9] Approximately 85% of those detained at Rikers Island have not been convicted of a crime. Detainees include pretrial defendants, either held without bail or remanded in custody. The rest of the population have been convicted and are serving short sentences. [10] According to a study done in 2015 by the Vera Institute of Justice, it costs the city approximately $209,000 to detain one person for one year at Rikers Island. [11]

New York City Department of Correction

The New York City Department of Correction (NYCD), is the branch of the municipal government of New York City responsible for the custody, control, and care of New York City's imprisoned population, housing the majority of them on Rikers Island. It employs 11,163 uniformed officers and 1,400 civilian staff, has 543 vehicles, and processes over 100,000 new inmates every year, retaining a population of inmates of between 13,000 and 18,000. Its nickname is New York's Boldest. Its regulations are compiled in title 39 of the New York City Rules. Previously located in Manhattan, the Department of Correction headquarters has now moved to the Bulova building in the northern section of Jackson Heights, Queens, minutes from Rikers Island. The agency is headed by the Correction Commissioner, who is chosen and appointed by the Mayor of New York City.

The Vera Institute of Justice, founded in 1961, is an independent nonprofit national research and policy organization in the United States. Based primarily in New York City, Vera also has offices in Washington, D.C.. Vera describes its goal as "to tackle the most pressing injustices of our day: from the causes and consequences of mass incarceration, racial disparities, and the loss of public trust in law enforcement, to the unmet needs of the vulnerable, the marginalized, and those harmed by crime and violence."

Rikers Island has a reputation for abuse and neglect of inmates, attracting increased media and judicial scrutiny that has resulted in numerous rulings against the New York City government. It is also notorious for numerous assaults by inmates on uniformed and civilian staff, resulting in often serious injuries. In May 2013, Rikers Island ranked as one of the ten worst correctional facilities in the United States, based on reporting in Mother Jones magazine. [12] Violence on Rikers Island has been increasing in recent years. In 2015 there were 9,424 assaults, the highest number in 5 years. [13]

<i>Mother Jones</i> (magazine) Magazine focusing on news, commentary, and investigative reporting; based in San Francisco

Mother Jones is an American magazine that focuses on news, commentary, and investigative reporting on topics including politics, the environment, human rights, and culture. Its political inclination is variously described as either liberal or progressive. Clara Jeffery serves as editor-in-chief of the magazine. Steve Katz has been the publisher since 2010; Monika Bauerlein has been the CEO since 2015. Mother Jones is published by The Foundation for National Progress.

In 2017, Mayor Bill de Blasio announced his intention to close the jail complex [14] at Rikers Island within 10 years, if the city's crime rates stay low and the population at Rikers is reduced from 10,000 to 5,000. [15] [16] He released the details of his plan in a report titled "Smaller, Safer, Fairer: A roadmap to closing Rikers Island" on June 22. [17] In February 2018, a state oversight commission suggested that New York state might move to close the facility before that deadline.

Bill de Blasio American politician and mayor of New York City

Bill de Blasio is an American politician who is serving as the 109th Mayor of New York City. Prior to his first election to the position of Mayor, he served as New York City's public advocate from 2010 to 2013.

Complex and facilities

The Rikers Island complex, which consists of ten jails, holds local offenders who are awaiting trial and cannot afford, obtain, or are not given bail from a judge; those serving sentences of one year or less; and those temporarily placed there pending transfer to another facility. [18] Rikers Island is therefore not a prison by US terminology, which typically holds offenders serving longer-term sentences. It is home to ten of the New York City Department of Correction's fifteen facilities and can accommodate up to 15,000 prisoners. [19] [20]

Prison place in which people legally are physically confined and usually deprived of a range of personal freedoms

A prison, also known as a correctional facility, jail, gaol, penitentiary, detention center, remand center, or internment facility is a facility in which inmates are forcibly confined and denied a variety of freedoms under the authority of the state. Prisons are most commonly used within a criminal justice system: people charged with crimes may be imprisoned until their trial; those pleading or being found guilty of crimes at trial may be sentenced to a specified period of imprisonment. In simplest terms, a prison can also be described as a building in which people are legally held as a punishment for a crime they have committed.

Detailed aerial photo of the jail complex USGS Rikers Island.png
Detailed aerial photo of the jail complex

Facilities located on the island include Otis Bantum Correctional Center (OBCC), Robert N. Davoren Complex (RNDC, formerly ARDC), Anna M. Kross Center (AMKC), George Motchan Detention Center (GMDC), North Infirmary Command (NIC), Rose M. Singer Center (RMSC), Eric M. Taylor Center (EMTC, formerly CIFM), James A. Thomas Center (JATC) (no longer used to house inmates), [20] George R. Vierno Center (GRVC) and West Facility (WF). The Bantum, Kross, Motchan, and Vierno facilities house detained male adults. Taylor houses sentenced male adolescents and adults. Davoren primarily houses male inmates who are of ages 16 through 18. Singer houses detained and sentenced female adolescents and adults. North Infirmary primarily houses inmates who require medical attention from an infirmary. West Facility houses inmates who have diseases that are contagious. [20] The average daily inmate population on the island is about 10,000, [9] although it can hold a maximum of 15,000. [19] The daytime population (including staff) can be 20,000 or more. [21] [22]

A contagious disease is a subset category of transmissible diseases, which are transmitted to other persons, either by physical contact with the person suffering the disease, or by casual contact with their secretions or objects touched by them or airborne route among other routes.

The only road access to the island is from Queens, over the 4,200-foot (1.28 km) three-lane Francis Buono Bridge, dedicated on November 22, 1966, by Mayor John Lindsay. [23] Before the bridge was constructed, the only access to the island was by ferry. Transportation is also provided by the Q100 MTA Regional Bus Operations route. [24] There are also privately operated shuttles that connect the parking lot at the south end to the island. Bus service within the island for visitors visiting inmates is provided by the New York City Department of Correction on Fridays through Sundays. [25]

The North Infirmary Command, which used to be called the Rikers Island Infirmary, is used to house inmates requiring extreme protective custody, inmates with special health needs, mentally ill inmates, and inmates undergoing drug detoxification. The Infirmary also has the capacity to house overflow inmates from conventional populations. The rest of the facilities, all built in the last 67 years, make up this city of jails. There is also the Vernon C. Bain Correctional Center, a floating barge (described below). There are schools, medical clinics, ball fields, chapels, gyms, drug rehab programs, grocery stores, barbershops, a bakery, a laundromat, a power plant, a track, a tailor shop, a print shop, a bus depot and even a car wash. It is also home to a large composting facility. [7]

Rikers Island has been referred to as the world's largest penal colony. [26] [27] For comparison, Europe's largest correctional facility, Silivri Prison in European Turkey, sits on 256 acres (1.04 km2) and houses 10,904 prisoners.

History

Historical use

The island is thought to be named after Abraham Rycken, [3] a Dutch settler who moved to Long Island in 1638 and whose descendants owned Rikers Island until 1884, when it was sold to the city for $180,000. [28]

The island was used as a military training ground during the Civil War. The first regiment to use the Island was the 9th New York Infantry, also known as Hawkins' Zouaves, which arrived there on May 15, 1861. Hawkins' Zouaves was followed by the 36th New York State Volunteers on June 23, which was followed by the Anderson Zouaves on July 15, 1861. The Anderson Zouaves were commanded by John Lafayette Riker who was related to the owners of the island. The camp of the Anderson Zouaves was named Camp Astor in compliment to millionaire John Jacob Astor Jr. who provided funding for the army, and who appears to have made a significant contribution to the raising of the Anderson Zouaves in particular, with the Astor ladies being credited with the manufacture of the zouave uniforms worn by the recruits of this regiment. Rikers Island was subsequently used by numerous other Civil War regiments, but the name "Camp Astor" was specific to the Anderson Zouaves and did not become a general name for the military encampment on the island.

Aerial photo of Rikers Island, seen from the North. LaGuardia Airport and its 4 / 22 runway stretch can also be seen, just 250 feet (76 m) from the island. Rikers Island from the air.JPG
Aerial photo of Rikers Island, seen from the North. LaGuardia Airport and its 4 / 22 runway stretch can also be seen, just 250 feet (76 m) from the island.

In 1883 New York City's Commission of Charities and Corrections expressed an interest in purchasing the island for use as a work-house. Any such purchase would have to be approved by the state. In January 1884 state senator Frederick S. Gibbs introduced a bill in the state senate authorizing the commission to purchase the island. [29] In May 1884 Governor Grover Cleveland signed a bill authorizing the Commissioner of Charities and Corrections to purchase the island for a sum no greater than $180,000. [30] At the time, the island was within the boundaries of Long Island City, which was located in Queens County, which was not yet part of New York City, and this potential transfer set off squabbling between politicians of Long Island City, Queens County, and New York City. [31] On July 31, 1884, a compromise was agreed to by all three entities, New York City agreed to pay a total of $3,000, to be disbursed as $2,500 to Long Island City and $500 to Queens County. [32] On August 4, 1884, the Commissioner of Charities and Corrections, Jacob Hess, signed a contract purchasing the island from John T. Wilson, a descendant of the Ryker family, for $180,000, $179,000 to Wilson and $1,000 for a title search. [33]

Conversion to jail

The city expressed a desire to open a jail for men on Rikers Island as early as 1925, in order to replace their overburdened and dilapidated jail on Welfare Island, now Roosevelt Island; the jail was opened in 1932. Landfill continued to be added to the island until 1943, eventually enlarging the original 90-acre (36 ha) island to 415 acres (168 ha). This required the permission of the federal government, since the expansion extended the island's pier line. [2] Also 200 acres (81 ha) were stripped from Rikers to help fill in the new North Beach Airport, which opened in 1939 and was later renamed LaGuardia Airport. [2]

The net expansion of the island enabled the jail facilities to also expand. [34] The original penitentiary building, completed in 1935, was called HDM or the House of Detention for Men; it became a maximum security facility called the James A. Thomas Center and closed due to structural issues in 2000. [35]

After New York City was banned by the courts in 1922 from ocean dumping of garbage, much of it ended up on Rikers Island, even though the island already had 12 mountains of garbage 40 to 130 feet tall; still, it took in 1.5 million cubic yards of additional refuse, more than the amount of dirt displaced by the building of the World Trade Center. Since much of the garbage was composed of ash from coal heating and incinerators, there were frequent spontaneous phosphorescent fires, even in the wintertime, in the snow. One warden described it in 1934: "At night it is like a forest of Christmas trees – first one little light ... then another, until the whole hillside is lit up with little fires. ... It was beautiful." The island was also plagued with rats, which at one point were so prevalent that after "poison gas, poison bait, ferocious dogs and pigs" failed to control them, one New Yorker tried to organize a hunting party to kill them off. It was the efforts of "master builder" Robert Moses, who didn't want the unsightly island to be the backdrop for his carefully landscaped 1939 World's Fair, to get the island cleaned up, and have the city's garbage sent elsewhere—ultimately to the Fresh Kills landfill on Staten Island. [2]

During Mayor David Dinkins' term as mayor of New York, the jail filled to overflowing, and an 800-bed barge was installed on the East River to accommodate the extra inmates. The barge is called the Vernon C. Bain Correctional Center (VCBC), and is also known simply as "The Boat". VCBC is located at 1 Halleck St, Bronx, NY 10474, at the end of Hunts Point, near the recently relocated Fulton Fish Market. The keel for the Vernon C. Bain was laid in 1989 at the Avondale Shipyard in New Orleans. Upon completion, VCBC was towed up from Louisiana to its current mooring, and attached to two "Crandall Arms". It opened for use as a facility in 1992. Originally it had been leased to the NYC Department of Juvenile Justice, while Spofford Juvenile Center was under reconstruction. VCBC was formerly known as Maritime Facility #3 (MTF3); facilities 1 and 2 were reconstructed British military transport barges, or BIBBYs (British Industries Boat Building Yard), used during the Falklands War, both of which could house 800 soldiers, but only 200 inmates after their conversion. MTFs 1 and 2 were anchored on either side of Manhattan at East River pier 17, near 20th street, in the Hudson River. In addition, there were two smaller 1950s-era Staten Island Ferry boats, both converted to house 162 inmates each. The ferry boats were sold for salvage in about 2003, and the owner of the shipyard that built VCBC, Avondale Shipyard, bought the two BIBBYs. VCBC is the only vessel of its type in the world. Prior to modification for use by New York City, it cost $161 million to construct. [36] The initial plan for acquiring the vessel, because of the way New York City makes capital purchases, had to begin at least five years before the keel was laid, during the tenure of Ed Koch.

Notable events

In 1957, Northeast Airlines Flight 823 crashed onto Rikers Island shortly after departing LaGuardia Airport, killing 20 and injuring 78 out of a total of 95 passengers and 6 crew. After the crash, department personnel and inmates ran to the site to help survivors. As a result of their actions, of the 57 inmates who assisted with the rescue effort, 30 were released and 16 received a sentence reduction of six months by the N.Y.C. Parole Board. Governor Averell Harriman also granted commutation of sentence to 11 men serving definite sentences: two received a six-months' reduction; one workhouse and eight penitentiary definites became eligible for immediate release. [37]

A drawing by artist Salvador Dalí, done as an apology because he was unable to attend a talk about art for the prisoners at Rikers Island, hung in the inmate dining room in J.A.T.C. (HDM) from 1965 to 1981, when it was moved to the prison lobby in E.M.T.C. (C76) for safekeeping. The drawing was stolen in March 2003 and replaced with a fake. Three Correction Officers and an Assistant Deputy Warden were arrested and charged, and though the three later pleaded guilty and one was acquitted, the drawing has not been recovered. [38] [39]

During the AIDS crisis in the 1980s and 1990s, at the request of Association for Drug Abuse Prevention and Treatment (ADAPT) and the Executive Director Yolanda Serrano, the prison granted early release to terminal HIV-positive inmates so that they could die peacefully in their own homes. [40]

Proposed closure of jail complex

In February 2016, the Independent Commission on New York City Criminal Justice and Incarceration Reform, also known as the Lippman Commission since it is chaired by former Chief Judge of the State of New York Jonathan Lippman, was convened by New York City Council Speaker Melissa Mark-Viverito to review the entirety of the city's criminal justice system. [41] In April of that year, Glenn E. Martin launched a campaign that called for the closure of the Rikers Island Jail Complex. In September 2016, the campaign organized a march from Queens Plaza to the Rikers Island Bridge to send a message to Mayor Bill de Blasio that New York City is united in demanding the jail complex be closed. [42]

In the months following, there had been plans to build an additional facility on the island that consisted of 1,500 beds. In November 2016, New York City Department of Correction Commissioner Joseph Ponte said, "As we look at construction and now with the...kind of the movement to close Rikers all those things politically have to be taken into consideration. So the 1,500 bed facility on Rikers is still at...at a kind of pause right now". [43]

After a year of consideration, the Lippmann Commission released a report of recommendations for closing the jail complex. De Blasio did not specifically endorse the findings of the commission, and it is expected to provide the broad outline of the plan to close Rikers when it was announced. [16] The Lippman Commission proposed a 10-year plan to close the ten jails currently on the island and replace them with smaller jails, one in each borough closer to the courthouses. [44] The population at Rikers Island would have to decrease from current average of 10,000 to approximately 5,000. [45] According to The Mayor's Office of Criminal Justice, key strategies in shrinking the Rikers population has included addressing causes of case delays, identifying individuals that could be granted alternatives to jail time, and improving programming and discharge services. Since 1991, the Rikers population has dropped by more than 50%, when the average daily population was 21,688. [46] The intention to close the prison complex within 10 years was endorsed by Mayor Bill de Blasio on March 31, after the New York Post leaked the findings of the Lippman Commission. [47] [48]

One possible reuse proposal was to build a low-rise residential development, although the island's distance from mass transit, proximity to LaGuardia Airport, and leakage of toxic methane gas from its landfill base would pose problems for the proposed development. It would also mean that each residential unit would cost about twice as much to construct as a normal unit in New York City. The residential development would connect the island to the mainland for the expansion of the airport, using it as a park, for solid-waste management or for manufacturing. [15] However, the commission specifically ruled out its use for private residences. [49] [15] In light of possible closure of the jail complex, New York City Public Advocate Letitia James suggested renaming the island after Kalief Browder. [44] (See below).

On June 22, 2017, Mayor de Blasio released his plan for a 10-year shutdown of the facility, saying that it was not a "quick fix": "This will be a long a difficult path," he wrote. The city will reduce the inmate population of Rikers through the use of alternative facilities and reforms such as making the payment of bail easier and improving mental health facilities and programs. Two "diversion centers" will assist people with mental health problems and will work with police to find options other than incarceration. Smaller jail facilities will be open throughout the city, but the plan does not fully describe how, where, and when that will occur. [17]

The New York State Commission of Correction, which oversees New York City's jails, issued a report in February 2018 citing numerous violations in the facility on the part of the City and a significant increase in violent incidents from 2016 to 2017. It suggested that the state might move to close Rikers Island before the city's 10-year deadline, which is not legally binding. [50]

Abuse and neglect of prisoners

An image from a video depicting a prisoner, Robert Hinton, being hog-tied Robert hinton beating.png
An image from a video depicting a prisoner, Robert Hinton, being hog-tied

Rikers Island has become notorious in recent years for a "culture of abuse" [18] and has been subject to a number of investigations and rulings.

In 1986, a federal appeals court ruled that strip searches could not be performed on people arrested on misdemeanor charges, like subway fare evasion or marijuana smoking. The case itself was brought by Ann Weber, who was arrested for making an inflated claim on a 911 call, after her son was attacked while leaving her daughter's wedding. She was brought to jail still dressed in formal wedding attire, locked in a cell, and forced to strip and expose her cavities for search in the hour it took for her daughter to arrive and post bail. [51]

Prior to this decision, all prisoners taken to Rikers, no matter the level of their accusation, were strip searched. These searches often took place in groups of 10 to 12 and involved genital and anal searches. Despite the court's ruling, the practice lived on, costing New York City taxpayers a total of $81 million in settlements to the victims of these illegal searches. In 2001, a ruling was reached in New York reinforcing the illegality of strip searches for misdemeanor detainees, and demanding that the city pay up to $50 million to the tens of thousands of people who were illegally searched over the years. [52]

However, the practice did not die. Another suit was filed against the city in 2007 for performing strip searches on inmates taken to Rikers on misdemeanor charges. On October 4, 2007, the New York City Department of Corrections conceded that tens of thousands of nonviolent inmates taken to Rikers Island on misdemeanor charges had been wrongly strip-searched in violation of a 2002 court settlement, and were entitled to payment for damages. The policy was kept in place despite a United States Court of Appeals for the Second Circuit ruling in 2001 that strip-searches of misdemeanor suspects were illegal, unless officials suspected that they were carrying contraband..." [Lead lawyer Richard D.] Emery charged in his papers that department officials "repeatedly resorted to lying to cover up deliberate indifference to the continued practice of humiliating detainees by forcing them to strip naked in groups." [53] This class action suit won $33 million in damages.

Inmates as enforcers

In February 2008, Correction Officer Lloyd Nicholson was indicted after he allegedly used a select group of teenage inmates as enforcers under a regime called "the program", as well as allegedly beating inmates himself. However, "the program" has been known to exist for well over a decade and is unique to the adolescents. The inmates use it as a test for other inmates and a system of control amongst themselves. [54]

A Village Voice article lists a roll call of 2008 scandals at Rikers, including the case of officers who allegedly passed accused cop killer Lee Woods marijuana, cigarettes, and alcohol; the February indictment of corrections officer Lloyd Nicholson who used inmates as "enforcers", and the April 27 suicide of 18-year-old Steven Morales (who allegedly killed his infant daughter) in the high-security closed-custody unit. [55]

On February 4, 2009, The New York Times reported that "the pattern of cases suggests that city correction officials have been aware of a problem in which Rikers guards have acquiesced or encouraged violence among inmates." The Times added that "There have been at least seven lawsuits filed in Federal District Court in Manhattan accusing guards of complicity or acquiescence in inmate violence at Rikers, a complex of 10 detention facilities which, along with several other jails around the city, hold about 13,000 prisoners, most of whom are pretrial detainees. None of the seven suits has gone to trial. In the three that were settled, the city admitted no liability or wrongdoing." [56]

Sexual assault

In an alleged July 2008 rape case reported by The Village Voice on August 5, 2008, the alleged victim claimed "that someone entered her cell in the 1,000-bed Rose M. Singer Center while she was asleep, sometime before 6 a.m. on July 3. She says the intruder (or intruders) bound and gagged her with bedsheets and then used a dildo-like object to sexually assault her. Other inmates may have acted as lookouts during the alleged assault. The woman, who was being held on grand-larceny charges for the past three months, was discovered at about 6 a.m. by an officer and a captain who were touring the building. The officer saw her lying on her back on the floor of her cell with bedsheets wrapped around her neck, mouth, and legs. She had also been blindfolded. The incident was reported to central command at 7:30 a.m., and the woman was transported to the Elmhurst Hospital Center. Because she didn't share a cell with anyone, a major question is how the alleged assault happened in the first place. Officials won't talk about the investigation, and there's no word on whether any arrests have been made." [57]

Officer brutality

On June 1, 2007, Captain Sherman Graham and Assistant Deputy Warden Gail Lewis were arrested by the New York City Department of Investigation (DOI) for covering up an assault on an inmate. [58] The arrest came after both were indicted by a Bronx Grand Jury. It is alleged that on October 4, 2006, Graham assaulted an inmate after he refused to comply with strip searching procedures at the Robert N. Davoren Center (RNDC, C-74). The assault occurred in front of 15 Correction Academy Recruits in training. [59] After the assault, Graham ordered the recruits to write on their Use of Force Witness Reports that Graham assaulted the inmate in self-defense after the inmate punched Graham. Lewis, who was Graham's supervisor, did not intervene to stop the attack. Lewis also submitted a false Use of Force Witness Report. Charges against Graham include 16 counts of Falsifying Business Records, 16 counts of offering a False Instrument for Filing in the First Degree, 16 counts of Official Misconduct, a class A misdemeanor and one count of Attempted Assault in the Third Degree. Lewis was charged with Falsifying Business Records, Offering a False Instrument for Filing and Official Misconduct. The investigation started when the DOI received a tip following an anti-corruption presentation at the Academy in October 2006 on the day before graduation.

Graham and Lewis were found guilty on all charges by a Bronx jury on May 14, 2012. [60] [61] It took the jury approximately three hours to deliberate a guilty verdict. Lewis was able to retire in December 2009 with her pension. [62] [63] Graham was terminated from the Corrections Department following the guilty verdict. Each faced up to four years in prison, [64] however, Graham and Lewis were both sentenced to 500 hours of community service and ordered to pay $1,000.00 in fines on August 7, 2012, when they were sentenced. [65]

Solitary confinement

The New York City Department of Corrections reported that in fiscal year 2012 more than 14.4 percent of adolescents detained at Rikers Island between the ages of 16 and 18 were held in at least one period of solitary confinement while detained. [66] The average length of time young people spent in solitary confinement at Rikers Island was 43 days. More than 48 percent of adolescents at this institution have diagnosed mental health problems. [67]

On August 28, 2014, a law was passed boosting oversight of the use of solitary confinement at Rikers Island, following intense public outcry after various abuses at the prison. The law requires the prison to publish quarterly reports on their use of solitary confinement, but did not include provisions regarding the protection of prisoners against guard brutality or limiting the use of solitary confinement as a punishment.

The solitary confinement unit at Rikers is commonly referred to as "Bing", the inmates kept there known as "Bing monsters". [68] [69]

Kalief Browder

Kalief Browder was arrested and charged with second-degree robbery over an alleged backpack theft at the age of 16. His family was unable to make his $3,000 bail, later being unable to post bail due to a probation violation. He was imprisoned without trial or conviction for three years. Maintaining his innocence, he refused to take a plea bargain that would have released him. The case was eventually dismissed and Browder was released in June 2013 by Judge Patricia DiMango [70] after numerous postponements of his case and 31 hearings in front of judges. [71] [72] For two of those years, Browder was held in solitary confinement or punitive segregation. [73] Browder was profiled in The New Yorker in October 2014 for being held for three years on Rikers Island without a trial. [74]

In June 2015, Browder died by suicide by hanging himself. [75] [76] The conditions of his detention were widely seen as having caused his mental condition. He had multiple prior suicide attempts while incarcerated. Days after his death, U.S. Supreme Court Justice Anthony Kennedy invoked Browder's experience in his opinion on Davis v. Ayala . [73] On January 25, 2016, President Barack Obama wrote an article in The Washington Post criticizing the "overuse" of solitary confinement in American jails, basing his arguments largely on Browder's experience. He signed an executive order banning solitary confinement of juveniles in federal prisons. [77]

Treatment of mentally ill

Since 2014, Mayor de Blasio has begun to take action against the abuse by adding surveillance cameras and improving care for mentally ill prisoners. [78]

On September 29, 2014, Judge Tynia Richard offered a sharp rebuke to the Department of Corrections, recommending that six corrections officers be fired. This group, led by Captain Budnarine Behari, had participated in the brutal beating of Robert Hinton, a mentally ill inmate, while he was hog-tied, because he had protested being moved from his cell by sitting down. Hinton's fellow inmates watched as he was dragged down the hallways while hog-tied to a solitary confinement cell where he was beaten. While this ruling was one of the most severe against the Department of Corrections in many years, almost two years had elapsed between the beating and the Justice Department's ruling, during which time the perpetrators in this attack were involved in more inmate beatings at Rikers Island. [79] [80]

Treatment of LGBT inmates

The segregated unit at Rikers for LGBT prisoners, known as "gay housing," was closed in December 2005 citing a need to improve security. [81] The unit had opened in the 1970s due to concerns about abuse of LGBT prisoners in pretrial detention. The New York City Department of Correction's widely criticized plan was to restructure the classification of prisoners and create a new protective custody system which would include 23-hour-per-day lockdown (identical to that mandated for disciplinary reasons) for moving vulnerable inmates to other facilities. [82] Whereas formerly all that was required was a declaration of homosexuality or the appearance of being transgender, inmates wanting protective custody would now be required to request it in a special hearing. [83]

Federal investigation

In August 2014, the US Attorney for the Southern District of New York, Preet Bharara, issued a report condemning the systematic abuse and violation of prisoners' constitutional rights. Despite this and many other egregious incidents of abuse, few corrections officers have been prosecuted successfully or even removed from their positions. On August 4, 2014, Preet Bharara, the US Attorney for the Southern District of New York, issued a damning report on the treatment of juvenile prisoners at Rikers. [84] The report identified "a pattern and practice of conduct at Rikers that violates the constitutional rights of adolescent inmates". The report describes the "rampant use of unnecessary and excessive force by DOC staff", as well as dangers to inmates including inadequate protection from violence caused by other inmates, a culture that uses violence as a means to control inmates, and heavy use of solitary confinement ("punitive segregation") for discipline. The report details the guards' frequent use of violence, including "headshots" (blows to the head or face), particularly in areas without video surveillance. This violence is perpetrated as punishment or retribution against the inmates, or "In response to inmates' verbal altercations with officers". [18]

Inmate deaths

Jason Echevarria

On August 18, 2012 Jason Echevarria swallowed a packet of powdered detergent that had been given to inmates to clean out their cells after there was a leakage of raw sewage from the toilets. Echevarria began vomiting and complaining of severe pain. Terrence Pendergrass, the supervisor of the unit, was told by a correction officer of Echevarria's condition. According to The New York Times, "... the captain told the officer not to bother him unless 'there was a dead body,' the complaint said". Several correction officers passed through his unit but he received no medical attention and was found dead in his cell the following morning. The medical examiner ruled his death a homicide citing "neglect and denial of medical care".

Jason Echevarria suffered from bipolar disorder and was housed in the unit reserved for mentally ill inmates. At one point he had been placed in solitary confinement after several suicide attempts. [85]

Terrance Pendergrass was demoted and suspended without pay following the incident, and in December 2014 was convicted of one count of denying Echevarria medical care resulting in death. In June 2015, Terrance Pendergrass was sentenced to five years in prison. [86] [87] In November 2015, Echevarria's family was awarded a $3.8 million settlement regarding the matter. [87]

Ronald Spear

In 2012, 52 year-old Ronald Spear was awaiting trial on Rikers Island and due to kidney failure, he was detained in the North Infirmary Command (NIC). He walked with a cane and wore a bracelet that read "Risk of Fall". On December 19, 2012, Spear left his dormitory and demanded to see a doctor. Brian Coll, now a former correction officer, and Ronald Spear got into an altercation when Spear was told by the doctor that he could not be seen until later that day. Coll began punching Spear in the face and body. According to The New York Times, "Another officer grabbed Mr. Spear and with Mr. Taylor's help [Byron Taylor, former correction officer], pinned him down. The complaint says Mr. Coll kicked Mr. Spear several times in the head, and knelt down, telling him, 'Remember that I'm the one who did this to you'". [88] When a Rikers Island medical team reached Spear, he was unresponsive, and after failed attempts to resurrect him, he was pronounced dead. An investigation into the incident found that Brian Coll and two other correction officers conspired to cover up how Spear died. [89]

In 2016, Brian Coll was convicted of one count of death resulting from deprivation of rights under color of law, one count of conspiracy to obstruct justice, one count of obstruction of justice, one count of filing false forms, and one count of conspiracy to file false forms. Byron Taylor pled guilty to one count of perjury for lying to a federal grand jury, and one count of conspiracy to obstruct justice. Anthony Torres pled guilty to one count of conspiracy to obstruct justice and file false reports, and one count of filing a false report. [90]

Bradley Ballard

Bradley Ballard, who suffered from schizophrenia and diabetes, was sent to Rikers in June 2013 on a parole violation for failure to report an address change. [91] In July he was sent to the psychiatric prison ward at Bellevue Hospital Center where he stayed for 38 days before being sent back to Rikers. [91]

On September 4, 2013, Ballard was locked in his cell as punishment for making inappropriate gestures at a female correction officer. According to The New York Times, "the lawsuit said, 'Not a single nurse, doctor or other medical or mental health provider entered his cell'". On September 11, Ballard died at the age of 39, having been confined inside his cell for seven days without access to his medication or medical treatment. [91] [92] When correction officers finally came to the aid of Ballard he was naked, unresponsive, and covered in feces. His genitals were swollen and badly infected, injuries suffered after he tied a band around his penis. [93] According to The New York Times, some 129 inmates, 77% of whom were diagnosed as mentally ill, suffered "serious injuries" in altercations with prison guards over an 11-month period in 2013. These injuries were "beyond the capacity" of the prison doctors to treat successfully. [94] Another Times article stated that "the lawsuit said, 'Rather than provide the critical care required' medical staff and correction officers 'who knew Mr. Ballard could not survive without medication, essentially stood by and watched as Mr. Ballard languished, deteriorated and ultimately died.'" In 2016, the city agreed to pay $5.75 million to settle the lawsuit. [91]

Jerome Murdough

On February 15, 2014, Jerome Murdough, a homeless veteran in jail on an accusation of trespassing, was found dead in his cell. After being in jail for one week, he died from overexposure to heat. His cell was over 100 degrees, and he had taken prescription drugs which increase sensitivity to heat. Murdough had been complaining for hours about the heat, but was ignored by prison guards. Murdough had been arrested for camping out on the stairwell of a New York Housing Authority building during the freezing polar vortex of 2014; his bail was set at $2,500. [95] A settlement of $2.25 million occurred. [87] [96]

Rolando Perez

In January 2014, Rolando Perez was arrested for petty burglary and awaiting trial at Rikers. Perez suffered from a severe seizure disorder since the age of 16 and had taken medication to control his seizures ever since. Perez was being detained in solitary confinement after getting into a fight with another inmate. In an exclusive video, obtained by Eyewitness News, Perez is heard screaming for his medication. After being denied anti-seizure medication, at the age of 36, Perez was found dead due to seizure and heart problems. [97]

Eugene Castelle

Staten Island native, Eugene (Sonny) Castelle, was battling an addiction to pain killers when he was arrested in Florida for heroin possession with intent to sell. This bust was in violation of the terms of a drug-related plea agreement in New York. On November 2, 2016 Castelle was sent to Rikers and was found dead six days later at the Anna M. Kross Center. According to Daily News, "An inmate told The News that Castelle had taken a dose of methadone, using another prisoner's prescription when he died. Castelle was vomiting and struggling to stand... Another inmate helped Castelle to 'the bubble' watch post to ask for medical help. The correction officer inside was sleeping, and angrily dismissed them both, the inmate said." The following morning, Castelle was found by a correction officer and medical staff unresponsive and died seven minutes later. [98]

See also

Related Research Articles

Solitary confinement is a form of imprisonment distinguished by living in single cells with little or no meaningful contact to other inmates, strict measures to control contraband, and the use of additional security measures and equipment. It is specifically designed for disruptive inmates that are security risks to other inmates, the prison staff, or the prison itself. It is mostly employed for violations of discipline, such as murder, hostage-taking, deadly assault, and rioting. However, it is also used as a measure of protection for inmates, whose safety is threatened by other inmates. Prison authorities consider solitary confinement an administrative placement measure, not a punishment.

Mississippi Department of Corrections

The Mississippi Department of Corrections (MDOC) is a state agency of Mississippi that operates prisons. It has its headquarters in Jackson. In March 2017, Pelicia E. Hall was appointed by Governor Phil Bryant as Commissioner; she is the first woman to hold this position. An attorney, she has extensive criminal justice and private law experience.

Incarceration in the United States Form of punishment in United States law

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ADX Florence Federal prison located in Fremont County, Colorado

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Supermax prison most secure levels of custody in the prison systems of certain countries

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James T. Vaughn Correctional Center

The James T. Vaughn Correctional Center (JTVCC), formerly the Delaware Correctional Center (DCC), is a state prison for men in unincorporated New Castle County, Delaware, USA, near Smyrna. It is the Delaware Department of Correction's largest correctional facility.

Metropolitan Detention Center, Brooklyn United States federal administrative detention facility in Brooklyn, New York City

The Metropolitan Detention Center, Brooklyn is a United States federal administrative detention facility in the South Slope neighborhood of Brooklyn, New York City. It holds male and female prisoners of all security levels. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice.

United States Penitentiary, Marion

The United States Penitentiary, Marion is a medium-security United States federal prison for male inmates in Illinois. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. The facility also has an adjacent satellite prison camp that houses minimum security male offenders.

Walnut Street Prison building in Pennsylvania, United States

Walnut Street Prison was a city jail and penitentiary house in Philadelphia, Pennsylvania from 1773 to 1838. Legislation calling for establishment jail was passed in 1773 to relieve overcrowding in the High Street Jail; the first prisoners were admitted in 1776. It was located at Sixth and Walnut Streets, where it acquired its original name Walnut Street Jail.

New York State Department of Corrections and Community Supervision

The New York State Department of Corrections and Community Supervision (NYSDOCCS), is the department of the New York State government responsible for the care, confinement, and rehabilitation of inmates.

Vernon C. Bain Correctional Center

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Red Onion State Prison

Red Onion State Prison (ROSP) is a supermax state prison located in Wise County, Virginia, near Pound. Operated by the Virginia Department of Corrections (VADOC), it houses about 800 inmates. The prison opened in August 1998.

LGBT people in prison

Lesbian, gay, bisexual, and transgender (LGBT) prisoners often face additional challenges compared to non-LGBT prisoners. According to Just Detention International, LGBT inmates are "among the most vulnerable in the prison population". 67% of LGBT prisoners in California report being assaulted while in prison. The vulnerability of LGBT prisoners has led some prisons to separate them from other prisoners, while in others they are housed with the general population.

Colorado State Penitentiary is a Level V maximum security prison in the U.S. state of Colorado. The facility stands in the state's East Cañon Complex with six other state correctional facilities of various security levels.

The Ottawa-Carleton Detention Centre (OCDC) is a correctional facility in Ottawa, Ontario. It opened in 1972.

Mentally ill people are overrepresented in United States jail and prison populations relative to the general population. There are three times more seriously mentally ill persons in jails and prisons than in hospitals in the United States. The exact cause of this overrepresentation is disputed by scholars; proposed causes include the deinstitutionalization of mentally ill individuals in the mid-twentieth century; inadequate community mental health treatment resources; and the criminalization of mental illness itself. The majority of prisons in the United States employ a psychiatrist and a psychologist. While much research claims mentally ill offenders have comparable rates of recidivism to non-mentally ill offenders, other research claims that mentally ill offenders have higher rates of recidivism. Mentally ill people experience solitary confinement at disproportionate rates and are more vulnerable to its adverse psychological effects. Twenty-five states have laws addressing the emergency detention of the mentally ill within jails, and the United States Supreme Court has upheld the right of inmates to mental health treatment.

Kalief Browder American teenager incarcerated in New York for three years without trial before release

Kalief Browder was an African American man from The Bronx, New York. In 2010, at the age of 16, Browder was falsely accused of the theft of a backpack. Awaiting his trial, Browder was jailed on Rikers Island for three years, nearly two of which were spent in solitary confinement. He was released when the prosecutor's case was found to be lacking evidence against Browder and the case's main witness had left the United States. Two years after his release from prison, Browder died after hanging himself from an air conditioning unit outside his mother's home. Browder's supporters say his suicide was the result of mental, physical and sexual abuse sustained in prison. His case has been cited from activists campaigning for the reform of the New York City criminal justice system and has attracted widespread attention in the years following his death. In 2017, Jay-Z and Harvey Weinstein released a television documentary series titled Time: The Kalief Browder Story.

Time: The Kalief Browder Story is a six-episode American documentary television miniseries that broadcast on Spike beginning March 1, 2017. The documentary recounts the story of Kalief Browder, a Bronx high school student who was imprisoned for three years, two of them in solitary confinement on Rikers Island without being convicted of a crime. He was accused at 16 of stealing a backpack, and his family was unable to afford his bail, set at $900. He committed suicide two years later, in 2015.

August Rebellion

The August Rebellion refers to a 1974 riot at the Bedford Hills Correctional Facility for Women, a prison in Bedford Hills in the Town of Bedford, Westchester County, New York, United States. In August 1974, about 200 of these prisoners rioted, taking over parts of the prison, because of the inhumane treatment of one of the leaders among the prisoners, Carol Crooks.

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