Comptroller Stringer Calls on the City to Protect Incarcerated Individuals and Correctional Facility Staff Amid COVID-19 Pandemic

(New York, NY) – Today, New York City Comptroller Scott M. Stringer sent a letter to Mayor Bill de Blasio and Department of Correction (DOC) Commissioner Cynthia Brann calling on the City to protect the health and safety of correctional facility staff and incarcerated individuals who are at risk amid the COVID-19 pandemic. In his letter, the Comptroller raises concerns that crowded city jails are ill-equipped to protect people during a pandemic and that DOC has not provided enough information about how they are managing the spread of the virus.

Comptroller Stringer urged the City to take a series of steps to prioritize the health and safety of people in custody and staff, including releasing more incarcerated individuals, reducing jail admissions, providing daily updates on the number of people tested and hospitalized, improving safety of housing areas and access to medical care, and offering face masks and soap at no cost. Approximately 80 percent of the DOC workforce is Black or Latinx, while about 88 percent of people in DOC custody are Black or Latinx.

“The rise in deaths and confirmed cases of COVID-19 within New York City correctional facilities is alarming and makes clear that Rikers Island must be a central focus in the battle against this public health emergency,” said Comptroller Stringer. “The City’s response thus far falls far short and fails to match the scale of this mounting crisis. We have to act immediately and do more to protect correctional staff and people in custody, because New York City’s ability to stop the spread of COVID-19—and address the mounting racial and ethnic disparities in infection rates—is dependent on the work we do in our city jails.”

Comptroller Stringer urged the City to take the following steps to prioritize the safety of people in custody and staff:

Work with the State and the courts to release more people. Given the infection rate on Rikers Island and the early stages of understanding the epidemiology of COVID-19, the State Department of Corrections and Community Supervision needs to quickly grant release to those alleged to have committed a technical parole violation. The City and State should also release as many young adults as possible, prioritizing those who are immunocompromised.

Provide daily updates on the spread of COVID-19 in City jails, including the number of people tested and hospitalized, and how many have been assessed for release. Key data points critical to understanding the full scope of the crisis, including the number of people tested, the results of those tests, and the number of people hospitalized, are missing. The City should also publicly track the total number of individuals in custody who have been assessed for release, the outcome of that assessment, and how many have not yet been considered.

Evaluate enforcement of offenses to reduce jail admissions and the risk of spread. At a time when we are seeking to decrease the number of people who could potentially be exposed to COVID-19 in our correctional facilities, we must also take a serious look at how the City is enforcing laws that lead to incarceration. In order to prevent unnecessary crowding of booking rooms and prolonged interactions with police officers and others, the City should expand the use of summonses for offenses that pose no immediate threat to community safety.

Expand testing for COVID-19. As the City’s capacity to test grows, we should also expand and prioritize testing in our correctional facilities. More universal testing is critical to prevent and manage transmission and make responsible decisions about individuals’ housing and movement throughout the facilities.

Distribute masks to everyone, including asymptomatic individuals. The New York City Department of Health and Mental Hygiene is now advising all New Yorkers to wear a face covering outside their home to help stop the spread of COVID-19. City jails should be no different. While DOC’s COVID-19 Preparation & Action Plan states that all people in custody are provided and instructed to wear masks, there are reports that not everyone is being given one and that they are not being replaced. DOC should provide and replenish masks or an equivalent covering to everyone detained and working in the facilities and ensure that there is a mechanism for individuals to report shortages.

Provide commissary soap at no cost and remove mark-ups on other commissary items. Given the financial hardship that so many New Yorkers are experiencing now, including the family members of people who are incarcerated, the City should remove mark-ups on commissary items. Additionally, commissary soap should be provided for free for the duration of the emergency.

Increase safety of individual housing areas. Efforts should be made to ensure that symptomatic and exposed individuals who have not yet tested positive for COVID-19 are not housed in dorm settings that could expose them to the virus. It is also critical that people in custody have access to cleaning and sanitation supplies.

Ensure individuals in custody have 24/7 access to physicians. At the March 10 Board of Correction meeting, Correctional Health Services (CHS) announced that they had worked with DOC to establish confidential phone lines in each housing unit and would be launching a new service, “sick call triage,” to enable people in custody to contact CHS nurses directly and report any medical needs. However, reports to the Comptroller’s office indicate that individuals are making sick calls but are not able to connect with anyone, instead having to leave a voicemail and await follow-up.

Continue programming, consistent with public health guidance. The City must make every effort to adapt and maintain access to programming, including mental health treatment, during this crisis, especially for those who are quarantined. If, in managing the spread, DOC seeks to deviate from the Board of Correction’s minimum standards, those decisions must be guided by the recommendations of CHS and immediately presented to the Board.

Maintain lines of communication for people in custody. People in custody must continue to have regular access to phone calls, to communicate with loved ones and attorneys. While DOC’s initial Action Plan indicated that phones are to be cleaned every two hours, devices should be cleaned after each use. There are reports that phone calls are being limited and that among those who do get access, some are reportedly using their socks to wipe down the phones. In addition, while DOC’s new televisiting initiative holds potential for connecting people on and off the island, regular updates on the rollout, including the number of monitors per housing area, number of requests for use, and number of completed visits, should be provided.

Commit to providing access to hospitals. The City must publicly commit to ensuring individuals in custody can receive care in a hospital setting if the hospital prison wards at Bellevue and Elmhurst reach capacity and provide a contingency plan for how these transfers will be handled if the need arises. Hospital prison wards should also have equal access to the supplies and equipment needed to combat COVID-19.

Improve discharge planning. People should have access to public health guidance on COVID-19 when discharged, as well as the latest protocols and directives related to social distancing and government assistance available during this emergency. Additionally, temporary phones should be provided to those who do not have access to one, so individuals can reach their attorneys, parole officers, and other support as needed. Finally, those who are unable to safely quarantine or socially distance at home should be included among the populations the City is referring to hotels to self-isolate.

To read Comptroller Stringer’s letter to City Hall and the DOC, click here.

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