TESTIMONY OF THE FORTUNE SOCIETY: Rikers Island and the delayed timeline of its closure

Good afternoon, Madame Speaker and Members of the Committee:

My name is Andre Ward and I am the Associate Vice President of The David Rothenberg Center for Public Policy at the Fortune Society. The Fortune Society is a 55-year-old organization that supports successful reentry from incarceration and promotes alternatives to incarceration, thus strengthening the fabric of our communities. We do this by believing in the power of people to change; building lives through service programs shaped by the experiences of our participants; and changing minds through education and advocacy to promote the creation of a fair, humane, and truly rehabilitative correctional system.

I am a formerly incarcerated Black man who spent three and a half years on Rikers Island, from 1988 to 1992, as both an adolescent and adult. During this period, I experienced and witnessed countless episodes of abuse and neglect, including frequent medical and mental health neglect, and the inadequacy of programming which properly prepares those detained for community reentry. It appears that very little has changed in the 31 years since I was held on Rikers, and in fact, conditions may have worsened. 36 people have died after being held in the custody of the Department of Correction in the past two years, including a record-breaking 19 people last year alone. Instead of relying on this broken system, we should be moving towards closing Rikers Island by 2027, and investing in the resources that will keep all of us safe: supports for those reentering our communities, such as behavioral health services, substance use treatment, medical care, employment support and more.

The people held on Rikers are suffering needlessly and in ways that render everyone there – staff and people in custody alike – unsafe. Over half of the people in DOC custody have a mental health diagnosis. The share of people with a serious mental illness is now at a record high of 20%. 20% to 50% of the people on Rikers are in desperate need of consistent mental health treatment of some kind – yet from February to October of 2022, people in custody missed over 12,000 medical appointments, in part because staff were not present to escort them. This is simply unacceptable, and must not be rewarded by increasing the budget for an agency that is failing to provide basic services to the people in its custody and control. The people on Rikers Island are also dying because staff are not present. The most recent person to die, Marvin Pines, was found in the shower area of Rikers Island’s North Infirmary command after suffering a seizure while no staff came to his aid – because no staff was present. Unlike in other large jail systems, hundreds of uniformed DOC staff work in administrative or other positions that should instead be filled by civilians, leaving critical posts in housing units unfilled, which leads to tragedy like the death of Mr. Pines and many others before him.

The FY 2024 DOC budget represents an over $35 million dollar increase, and projects that 88.5% of DOC expenses will be attributed to staff salaries and benefits. This is both disproportionate and shocking. DOC does not lack financial resources. The problems in our jails will not be solved by increasing funding for the same line items that are not only failing to produce results, but actually resulting in harm and death. In 2022, New York City spent 350% more for each incarcerated person than the two other largest jail systems in the country, Los Angeles or Cook County, Illinois while individuals in DOC custody are being subjected to horrific conditions. This is a stain on the conscience of our city.

As our CEO JoAnne Page aptly described, Rikers is “a pulsing tumor on our beloved city.” Action must be taken to address the Administration’s delayed construction timeline set forth in the proposed contract issued for the building of the new Brooklyn facility. It is imperative that the City adheres to the plan to close Rikers on schedule under the Points of Agreement, because lives are at stake. Another reason, besides unstaffed posts, that there were thousands of missed medical appointments is due to lack of space in the medical clinics. This is one of the many issues that the planned borough-based jails have been designed to address.

We also call upon the council and the Administration to protect and enhance our Board of Correction. We specifically request an increase in BOC headcount in proportion to DOC headcount. It is more critical than ever that the BOC has the staff necessary to perform their City charter-mandated oversight of DOC. DOC recently revoked their remote video access. BOC must have the staffing and resources necessary to conduct regular and unscheduled visits to observe jail conditions and speak with people in custody, as well as DOC staff. Having eyes and ears on the ground has proven crucial to BOC’s ability to report on the circumstances surrounding the deaths of people in custody which are not accurately reported by DOC, including identifying when unstaffed posts and dereliction of duty have contributed to those fatalities.

One of the many ways in which cost savings from the DOC budget could be utilized is to enhance funding for supportive housing for people leaving jail and prison, to prevent them from returning. Increased funding is necessary to pay fair market rent and provide robust services, including for the many people with mental health needs. The current funding for Justice Involved Supportive Housing is so far below what is sufficient that no current JISH service provider, including the Fortune Society, bid on the last Request for Proposals released by the City. We have been in the business of providing such housing for over 20 years and that was a painful choice to make given the need – but that level of funding simply does not address the need.

The City is bound by the Points of Agreement to close Rikers Island by 2027. Given the record number of deaths, the persistent mismanagement and dysfunction, and the waste of our taxpayer funds on a broken system, we urge you to require the Administration to adhere to that timeline, while investing in crucial jail oversight, alternatives to incarceration programs, reentry services, and supportive housing. This is not only a pathway to humane treatment, but also one with a proven track record of improving public safety. Lives are at stake. Thank you for your leadership and for the opportunity to testify today.