Press Room

Public Advocate Jumaane D. Williams issued the following statement as the City Council Committee on Criminal Justice holds a hearing regarding the ongoing crisis on Rikers Island.

"I hope that the Mayor and Governor are listening today as I and others detail the horrors that have become the norm on Rikers Island. They still refuse to go to the facilities and witness the experiences of incarcerated people and staff for themselves. This failure to see the suffering and trauma up close is the only explanation for why they have still not adequately responded to the extent and urgency of this emergency. It is also, in part, by design - the out of sight, out of mind nature of Rikers Island as an institution remains deliberate and dangerous.

"My office will be pursuing any communication by City Hall surrounding the lack of response to these warnings in the last weeks and months. We need to know where the Mayor has been as conditions mounted to the current level of crisis - we know he wasn't on Rikers."

The Public Advocate formally submitted his requests for immediate action to alleviate these crisis conditions in a letter to both executive leaders today. The letter also details several of the experiences of incarcerated people and corrections staff which the Public Advocate witnessed on his Monday tour.

Public Advocate Williams spoke before the Council at the virtual hearing on Wednesday, discussing his own observations at Rikers and his fears of further deterioration. His comments are available below, and video can be accessed here.

TESTIMONY OF PUBLIC ADVOCATE JUMAANE D. WILLIAMS TO THE NEW YORK CITY COUNCIL COMMITTEE ON CRIMINAL JUSTICE HEARING ON CONDITIONS IN OUR CITY JAILS SEPTEMBER 15, 2021 Good Morning, my name is Jumaane D. Williams, and I am the Public Advocate for the City of New York. I want to thank Chairs Powers and Miller, and the Committees on Criminal Justice and Civil Service and Labor for holding this hearing.

Two days ago, I was one of the elected officials to tour Rikers island, and honestly, no words can describe the inhumane conditions, trauma and pain that I saw. I'm simply stunned that a City that prides itself on how it tries to do its best for New Yorkers can literally leave detained people, along with vulnerable staff, to fend for themselves in the most violent of situations. I thought there would be an Attica-style uprising. These conditions are so bad that I thought an actual riot was going to break out while we were there. In fact, one almost did, and we didn't feel safe. No one feels safe- and based on what I saw, I can understand why.

We have people detained for the smallest of infractions. People are detained for a fist fight, or for technical parole violations, and made to sit across from garbage, rotten food, feces, urine; using shared bags as toilets; with limited access to water, shower or meals. The people on Rikers Island are not afforded recreational time to get fresh air, much less access to phones or transportation to take them to their court dates. Everyone on the island is on edge. There are people who have made weapons for self defense or protection. One of those weapons fell out of someone's pocket while we were touring, that person had to be apprehended. People with broken or fractured arms are denied medical attention, people living with HIV are literally being denied their medication for at least seven days. One trans prisoner, moved from one housing to another. People with mental health conditions with no medications for weeks.

People were seen lying on the concrete. We heard stories of people going hours without food, unless they beg for it. We aren't treating those with mental health conditions. We saw two unclothed men in a shower room who appeared to need assistance. Instead, they were simply standing there, alone, virtually staring into space. There are people who are housing in the showers. One was there for a few days, and we did not know whether it was urine or water dripping from him.

We fail Correction Officers who endure triple shifts, and other conditions that have only eroded morale. Some Officers, primarily women, complain about being sexually harassed, abused and assaulted while on tours.

Let's be clear, this is a human rights crisis. NO ONE should be treated this way. This city has failed every single person who is detained and works on Rikers Island.  And let's remember most of the folks on there have not been found guilty of something - even if they have, they shouldn't be treated this way. I would remind us that both communities on this island are black and brown. If it were different on either side, we would not be here.

With all that I have described, as someone who spent less than a day touring Rikers Island, why do we think anyone would willingly abide by all the restrictions in place? How long must people go without speaking to their families? I spent a few hours calling families, letting them know that their loved ones were physically okay. How long must anyone go without a single meal a day -- that they do not have to demand numerous times? How long must people feel that they are constantly susceptible to violence, with no recourse? And let us be clear: this administration was warned for months and for years that this would happen. This administration has known for months of the problems Correction Officers experienced, and seemed to wait until we got here. This administration is responsible for deteriorating standards I've described. I hope when Dean Fuliehan testifies, he will take ownership of the problems here. We all must take ownership for not listening to COBA and the many people who have called. The number one person is the Mayor.

The families of Layleen Polanco, Kalief Browder, Esais Johnson, Brandon Rodriguez and so many others have told us time and time again that the City failed their loved ones, and this continues to happen. Five people on Rikers Island have died by suicide over the last nine months, and astoundingly, from April to June of this year, the Department of Correction recorded 539 incidents of incarcerated people hurting themselves, pushing the rate up to 95 such incidents per every thousand detainees - the highest in the last five years.

There have been multiple instances of Correction Officers being hurt. Further, poor staff management and old administrative policies have only led to the detriment of detained individuals and corrections officers. The health and wellness of incarcerated people cannot be fully actualized when there are missed appointments, little to no recreation time and physical and sexual violence pervasive within these jails.

Last week, my colleagues and I met with DOC Commissioner Schiraldi to discuss how all actors can play a part in re-humanizing everyone who lives and works on Rikers Island. The proposed improvements by the Commissioner are needed and overdue, and they are a great mid term plan, but we must do more now, while we work to close Rikers Island once and for all. Everyone, and I mean everyone--elected officials, district attorneys, judges, the Mayor and the Governor--must act right now. It is time to move beyond myths--like bail reform as the cause of increasing crime--and judge s must be trained n how to administer the new bail law; judges must schedule more cases on the daily court calendar and accept more writs of release; it is tie for judges to come back to work and start working on these cases. I understand judges have been concerned about going to work, but we cannot have other people suffering while judges stay at home. The Governor must sign the Less is More Act and release everyone on a technical parole immediately; we must ensure the supervised release of women and continue to shut Rikers once and for all. We can all work together and we absolutely must.

I look forward to hearing all the steps DOC has in place to urgently improve conditions on Rikers Island, and what steps DOC has already taken to alleviate these conditions. Until then, we must remember that everyone on Rikers Island deserves to be treated with dignity and respect.

To the Mayor, over the past year, I have to say it is appalling, after reports from what we heard and the federal monitor, there is a refusal to visit Rikers Island, and I call on the Governor to do the same. Thank you Chairs Powers and Miller for your time.

"G'mar chatima tova, an easy and meaningful fast, to all in the Jewish community preparing for Yom Kippur this evening.

"Yom Kippur, the Day of Atonement, is the holiest day on the Jewish calendar. It is a day when we both ask forgiveness for ourselves and give it to others. Compassion, empathy, and reconciliation are critical on the path toward healing. On this day and moving forward, let us acknowledge and empathize with the experiences and challenges of those around us, granting one another grace in the face of our failings. 

"The call to atone resonates throughout our lives and communities, urging that we lift one another up in the year to come. May G-d bestow blessings, mercy and absolution on all seeking redemption, and may we all be sealed in the Book of Life."

"Twenty years after the attacks of September 11, the memories, the pain, the devastating impact of unimaginable loss remains heavy on our city and our nation's minds, our hearts, our history.

"That was nearly half my lifetime ago, and after all that time, I still vividly recall the fear, the uncertainty, the disbelief and profound loss our city felt - the scale of the devastation that was witnessed. The sense of panic as I briefly struggled to find and speak with family. The unimaginable sadness and grief felt by those who never did. An environment of desperation and pain clouded our city together with the smoke and ash. Twenty years, but I remember it like yesterday.

"And I remember from that collective despair came an environment of collective empathy, of resolve, of support for and from our fellow New Yorkers and our fellow Americans. I hope that twenty years later, we can summon that common spirit and direct it toward common good.

"I pray all who lost loved ones to the attacks have found some measure of healing and peace, remembering not only those who were killed on that day, but all, especially first responders, who still suffer from the health effects of its aftermath. We must provide them not only with gratitude, not only with empathy, but with aid.

"After two decades, as we did in the wake of the attacks, New York moves forward in strength and in solidarity, but each of us carries our own memories of the day and the memories of all who were killed. Recovery means remembering - the collective trauma of this tragedy remains, and we must continue to comfort those in mourning, support those in need, and remember those we lost."

NEW YORK: Today, Public Advocate Jumaane D. Williams introduced a City Council resolution in support of the Clean Slate Act, state legislation that would automatically seal conviction records after someone has completed their sentence, is off of parole or probation, has not incurred any new charges or convictions in New York State during the waiting period, and the conviction to be sealed is not a sex offense - after a period of three years for a misdemeanor and seven for a felony conviction.

"A past criminal offense, no matter how far back in one's personal history or how much they've changed since then, serves as an permanent impediment in many spaces and denies people the opportunity to move on, to improve their lives and communities," said Public Advocate Jumaane D. Williams. "While we work to reduce contact with the criminal justice system, and provide alternatives to incarceration, it is absolutely vital that once someone's sentence is served, they have full and fair opportunity to participate in society without burdens and barriers to prevent that. By sealing old records, we can provide a clean slate, reduce recidivism, and give people a second - or very often a first - chance. I urge the City to pass this resolution in support of these efforts, and the state legislature and Governor to move quickly to pass the Clean Slate Act."

The Clean Slate Act, sponsored by Assembly Member Catalina Cruz and State Senator Zellnor Myrie, is cosponsored by 42 Assembly Members and 20 State Senators. In 2017, the state enacted legislation which made 600,000 eligible to have their records sealed through an application process, but only 2,500 have completed this process as a result of unnecessary barriers. The Clean Slate Act makes this process automatic, rather than initiated by the applicant.

The presence of a criminal record frequently hinders formerly incarcerated people from obtaining employment, housing, and education. This makes the re-entry transition difficult and increases the risk for recidivism. Recent research indicates that a year following their record being cleared, people are 11 percent more likely to be employed, and earn wages more than 20 percent greater than prior to records being cleared. Additionally, greater employment access for formerly incarcerated individuals strengthens economic growth. According to new polling, a significant majority of New Yorkers support this legislation.

This resolution in support of the Legislature passing, and Governor signing, the Clean Slate Act is part of the Public Advocate's ongoing work to ease re-entry and prevent recidivism for formerly incarcerated individuals, including through the passage of the Fair Chance Act of 2015, which prevented asking job applicants about criminal history prior to a conditional offer of employment, and the 2020 expansion of that law. He is currently working to pass Intro 1881, which would help formerly incarcerated individuals successfully pursue education and employment opportunities by providing them with several official identification documents upon release.

"We are grateful that the Public Advocate has introduced this resolution calling on Albany to finish what they started and pass the Clean Slate Act," said Garrett Smith, Statewide Organizer at Center for Community Alternatives. This legislation transcends politics -- it is a moral imperative. The impact of the criminal legal system does not end once someone returns home from prison. In New York, a conviction record means a lifetime of blocked opportunities from housing, employment and education. The state must end this cycle of perpetual punishment by passing the Clean Slate Act, which would seal conviction records and provide more than 2 million New Yorkers the second chance they deserve."

"For far too long, communities of color in New York have suffered from the perpetual punishment of having a criminal record," said Zaki Smith, Policy Entrepreneur at the Next100. "Our communities have been serving a life sentence without being sentenced to one. Our debt has been paid. It is time that we be able to move on with our lives. We applaud Public Advocate Jumaane Williams for introducing this resolution and call on state lawmakers to act on Clean Slate immediately."

"The Clean Slate Act will provide automatic sealing of criminal convictions for millions of New Yorkers and is a critical step towards repairing the harm caused by decades of over-policing and underinvestment in communities of color in the Bronx," said Scott Levy, Chief Policy Counsel at The Bronx Defenders.  "The resolution introduced today by the Public Advocate sends a strong message that New York City stands firmly behind speedy passage of the Clean Slate Act and ensuring that criminal conviction records don't stand in the way of people accessing safe and stable housing, employment, and education.  In this moment of national reckoning, the Clean Slate Act represents an investment in the Bronx's future, in its recovery from the COVID-19 pandemic, and in its resilience."

"Stale conviction records needlessly stand in the way of finding a good job, a license to practice a trade and a stable place to live for hundreds of thousands of New Yorkers," said David Jones, President and CEO of the Community Service Society of New York.  "Records sealing under the Clean Slate New York Act is essential to ensuring that New Yorkers move beyond the perpetual punishment a conviction record creates, and have a place in New York's pandemic recovery and in the life of our great city and state. We commend the New York City Council for supporting this vital legislation."

Public Advocate Jumaane D. Williams released the following statement after meeting with victims of Hurricane Ida flooding in Queens today and ahead of an appearance by President Biden at the site of the disaster.

"As I spoke to New Yorkers again today who were devastated by last week's flooding - still grieving, still reeling from the scope of the damage - it was clear that while this disaster was natural, the reasons for much of the devastation it wrought were systemic, exacerbated by a failure to adapt our infrastructure or policies to the realities of both the climate crisis and the housing crisis.  

"So much of the loss our city saw last week, losses that many New Yorkers will feel for months and years to come, was suffered in basement apartments. Basement units are a critical component of meeting the need for housing stock in our city, but it is just as critical that government acts quickly to legalize, regulate, and protect these units and the countless tenants who call them home - including with proper warnings in times of crisis. The Mayor's announcement that he will not further penalize homeowners and their basement tenants with fines at this time is an essential preliminary step, and I appreciate his receptiveness to that need.  

"I am grateful that President Biden has issued a major disaster declaration and is providing the aid that designation entails. Right now, the focus is rightly on recovery - but in the immediate future, we need to direct attention and resources toward prevention, toward upgrading our infrastructure and protecting our neighbors and our homes. With the federal government allocating additional resources to our city and state in disaster response, it is crucial that funds be distributed to homeowners in order to legalize their basement units while maintaining lower rents for tenants who have already lost so much."

"Shana Tova U'Metukah, a happy and sweet new year, to all in the Jewish community who will begin celebrating Rosh Hashanah this evening.

"On Rosh Hashanah the sound of the shofar echoes, calling us to practice Teshuva, to reflect and renew. The past year has often been one of hardship and loss, but we now have an opportunity to recover, to protect ourselves and our communities, and to recognize the good we have seen in our neighbors while exemplifying it ourselves. We have the chance to advance on the path of self improvement, and be sealed in the Book of Life.

"Ah gut gebentsht yohr to everyone celebrating the arrival of 5782 - may it be a year of healing, of peace, and of joy for our families, friends, and communities."