On May 13, a U.S. federal judge ruled that control of Rikers Island will be handed over to an independent official, stripping oversight from New York City in an effort to address longstanding violence and neglect at the jail complex.
In a 77-page ruling, Manhattan Federal Court Judge, Laura Taylor Swain, didn’t identify which official will take over responsibility of the facility, but did say that the official cannot be a city government employee.
The Adams administration recently proposed retaining local control of the jail, arguing that the City is capable of managing the facility — a proposal Judge Swain ultimately rejected.
An attorney with the Legal Aid Society’s Prisoners’ Rights Project, Mary Lynn Welwas, said the “historic decision” will help “end the culture of brutality in the city’s jails.”
“For years, the New York City Department of Correction has failed to follow federal court orders to enact meaningful reforms, allowing violence, disorder, and systemic dysfunction to persist in the jails,” Welwas said in a statement.
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“This appointment marks a critical turning point — an overdue acknowledgment that City leadership has proven unable to protect the safety and constitutional rights of incarcerated individuals,” she wrote.
Swain has referred to the independent official as a “remediation manager” and once appointed this manager will report directly to her.
She has been involved in the situation at Rikers since the de Blasio administration implemented a consent decree nearly a decade ago to address long standing issues at the facility.
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Adams’ administration found in contempt
Late last year, Swain found the Adams’ administration in contempt of a number of provisions of the consent decree; provisions drafted with the intent to improve conditions at the facility for both prisoners and staff.
The decree was as a result of a class-action lawsuit against the city by the Legal Aid Society on behalf of inmates at Rikers.
It has been since last November that Swain has contemplated how to address the issue, contemplation that culminated in her Tuesday decision.
Swain wrote in her ruling that the remediation manager will be afforded “broad powers” in order to “take all actions necessary” to bring the facility under control.
It was clear in her ruling that the remediation manager will have the authority to make decisions about personnel operating the jail.
The new manager will be expected to work with the Department of Correction commissioner, however will “possess all” powers of the commissioner “necessary to remedy” the issues at Rikers.
Swain has requested that at least four potential candidates for the remediation manager position be tabled by Aug. 29 so she can make her final appointment.
