NEW YORK (1010 WINS/WCBS 880) — A federal judge for the first time indicated a willingness to consider a federal takeover of Rikers Island and other New York City prisons at a hearing on Tuesday after questioning the Department of Correction’s ability to keep inmates and staff safe.
Judge Laura Swain had previously refused to consider the Legal Aid Society’s proposal to impose a federal receivership that would take control of the notorious prison and force reforms. Now, advocates for prisoners will be allowed to argue for a receivership at a hearing in August.
Swain’s reversal came after three recent reports from a federally-appointed monitor denounced rampant violence and neglect at Rikers and accused the Department of Correction of obstructing oversight.
Mayor Eric Adams and DOC Commissioner Louis Molina have fought to retain control of New York City prisons, implementing an action plan in June 2022 that was meant to improve conditions at Rikers.
"This administration is committed to doing everything it can to continue that reform and to enhance and improve operations and safety for the people that work in our jails and those placed in our custody," said Molina in a statement to CBS after Tuesday’s hearing.
Adams and Molina recently restricted a City Council oversight body’s access to video from prisons and abruptly stopped notifying the press of prisoners’ deaths.
At least 38 people have died at or shortly after being released from Rikers Island in the past three years.
Steve Martin, the federally appointed monitor, accused Molina and the DOC of obstructing his reports, even going as far as to say it is possible the department has covered up deaths.
“Given recent concerns regarding the department’s lack of transparency and the accuracy of data provided, it is possible this number could be higher,” he said regarding deaths at the prison.
Now, Martin is tasked with producing a final report by July 10 which will determine whether the city has succeeded in making its prisons safe for incarcerated people and staff.
Judge Swain will hold another hearing in August in which she will take the monitor’s reports into consideration while deciding how to handle the humanitarian crisis at Rikers.
Carlina Rivera, the chair of the City Council’s Committee on Criminal Justice, said she is “deeply concerned about the city’s willingness and ability” to meet its commitments to improve conditions in its jails.
“It is alarming that communication between the administration and monitoring team seems to have broken down, and that the administration and monitoring team have such starkly opposing views about the status quo of the jail system,” said Rivera. “Today’s conference made clear that recent developments have heightened concerns from Judge Swain, Plaintiff Counsel, and the Southern District of New York regarding the City’s ability to manage the jails.”
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