Testimony by Khalil Sulker on behalf of Comptroller Brad Lander Regarding the Department of Correction’s Request for a Variance from BOC Minimum Standards § 1-11(e)(1)(i)

On Tuesday, May 13, Khalil Sulker, Strategic Organizer for Community Safety and Restorative Justice, delivered a testimony to the Members of the Board of Correction. See his testimony as prepared below: 

Thank you to the Members of the Board of Correction for the opportunity to testify on behalf of New York City Comptroller Brad Lander regarding the Department of Correction’s (DOC) request for a limited three-month variance from BOC Minimum Standards § 1-11(e)(1)(i), submitted to the Board on April 14, 2025. My name is Khalil Sulker, Strategic Organizer for Community Safety and Restorative Justice in the Comptroller’s Office. Our Office is extremely disappointed to see the Board take up this issue again after my office advocated at our “Don’t Let DOC Ban Love” rally against attempted changes to mail access for incarcerated people at NYC jails. We were glad that our opposition helped inform the Board of Correction’s decision on February 14, 2023 to withhold this request from a formal vote, which would have eliminated physical mail and put a limit on packages entering Rikers and other jail facilities. Once again, we urge the Board to reject this request.  

 The proposed variance would allow DOC to open all incoming non-privileged mail outside the presence of the intended person in custody, ostensibly to better screen for contraband. While the goal of reducing contraband in City jails is critical, this measure would infringe upon the privacy and civil rights of people in custody and would likely lead to significant delays in mail delivery, with little evidence that it would meaningfully reduce contraband.  

As we stated in our previous testimony when DOC sought a similar variance, the Department has failed to implement key recommendations from both the 2018 and 2024 Department of Investigation (DOI) reports addressing contraband smuggling within the DOC. These include recommendations such as deploying non-uniformed screeners, relocating staff locker rooms to require entry before passing through the front gate, and using verified lab testing rather than unreliable field tests for recovered substances.  

The 2024 DOI report reinforced what many advocates and oversight bodies have long known: that DOC staff remain a major source of contraband entering City jails. The report revealed that DOC staff can bring in “hundreds of pages of fentanyl-laced paper at a time,” while incarcerated individuals might manage to bring in “one or two” pieces of contraband mail, if any. Despite this, the Department continues to focus enforcement efforts on correspondence rather than the more significant vulnerability, which is staff-led smuggling.  

Field tests used by DOC have been shown to be unreliable. According to the 2024 DOI report, these tests are rarely followed by laboratory verification, even though the manufacturers recommend such confirmation. This lack of due diligence is concerning, especially given the growing body of evidence that field tests frequently produce false positives. Despite these known limitations, DOC continues to rely on these flawed procedures while requesting broader authority to intercept and surveil correspondence. Rather than investing in more surveillance, DOC should prioritize accurate testing protocols and implement the oversight measures already recommended by DOI.  

The Board should not endorse a policy that deflects systemic issues within DOC’s control while expanding surveillance of people in custody. Instead, the Board should urge DOC to focus on implementing DOI’s recommendations, including:  

• Assigning independent front gate screeners without conflicts of interest;  

• Prohibiting DOC staff from entering with unsealed containers and enforcing strict checks;  

• Requiring ID card swipes to monitor staff movement and discourage unauthorized presence in restricted areas;  

• Establishing stricter application reviews for outside agency or vendor staff, including limits for formerly incarcerated individuals;  

• Rotating high-risk individuals in custody to disrupt organized contraband operations;  

• Creating a classification system for individuals attempting to bribe staff.  

Earlier today, Federal Judge Laura Taylor Swain reaffirmed her decision to take Rikers Island into the hands of an independent remediation manager citing DOC leadership’s “unwillingness or inability” to implement required reforms, underscoring the Comptroller’s concerns that casts serious doubt on whether the Department can implement this variance in a manner that improves safety or security. 

There is no justification for expanding surveillance of people in custody when DOC has not yet addressed its internal vulnerabilities. I urge the Board to reject this variance request and instead call for full implementation of DOI’s recommendations to create safer, more transparent, and more accountable jail operations in New York City.  

Thank you for the opportunity to provide this testimony.  

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