Press Room

First Deputy Public Advocate Nick E. Smith called for a true end to solitary confinement, rather than the proposed measures that would end the practice "in name only," at a hearing of the New York City Board of Correction on Wednesday night.

"Ending solitary confinement means more than re-arranging the deck chairs," he argued. "It means protecting the health and safety of those who are incarcerated, providing real opportunities for those who violate protocols to grow and improve, and abolishing punishment for punishment’s sake. Our Office looks forward to reviewing a revised version of these Rules that live up to these moral imperatives."

Read the full statement from First Public Advocate for today's hearing below.

TESTIMONY OF FIRST DEPUTY PUBLIC ADVOCATE NICK E. SMITH TO THE BOARD OF CORRECTION ON SOLITARY CONFINEMENT, APRIL 14, 2021

Good evening, my name is Nick E. Smith and I serve as the First Deputy Public Advocate in the Office of New York City Public Advocate Jumaane D. Williams. Thank you to the Board of Correction (BOC) for giving me the opportunity to testify.

In 2019, our Office was proud to join survivors, advocates, and other elected officials in opposing proposed BOC Rules that would have further codified the torturous practice of solitary confinement into DOC procedures. Thankfully, these Rules did not pass and in June of last year, Mayor de Blasio made an overdue, but welcome commitment to end solitary confinement in New York City. I am profoundly disappointed that the Rules in front of us today betray this commitment and fail to provide justice for Layleen Polanco, Kalief Browder, and countless other victims of solitary. These Rules must be significantly revised in order to be considered a legitimate end to solitary confinement.

First, the conditions of those assigned to the Risk Management Accountability System (RMAS) must be dramatically improved. As proposed, Level 1 RMAS units would be cramped and dark cages in the North Infirmary Command, which is notorious for brutal conditions. So-called "out of cell time" would be in a cage shared with only one other person; lack any real opportunities for meaningful programming, recreation, or normal interactions; and be limited to only ten hours a day, four lower than the BOC minimum standards. The conditions in Level 2 and Level 3 units are only marginally better. This directly contradicts these reforms' aims of reducing negative physical and mental impacts and affirming basic human rights. Changes must be made to improve living facilities, guarantee fourteen hours of true out of cell time, and ensure substantial human interaction including group programming.

Next, there need to be strict caps on the amount of time one is permitted to spend in RMAS. As written, the Rules would allow for a person to be held in RMAS indefinitely. Revisions must be made to guarantee that people will move through RMAS at the "presumed" benchmarks in the Rules-30, 45, or 60 days in Level 1; 15 days in Level 2; and 15 days in Level 3. If the previously referenced needed improvements to conditions are not made, the cap on RMAS Level 1 should be reduced to 15 days.

Third, it must be ensured that members of particularly vulnerable groups and those who are not guilty of violations are not placed in RMAS. A robust due process system that includes the right to legal representation during disciplinary hearings that could result in an RMAS assignment must be implemented. The BOC should mimic provisions in the Massachusetts Code of Regulations that establish this right to those in custody. Additionally, the categories of people exempted from RMAS eligibility must be expanded. While the proposed Rules exempts pregnant people and people with serious mental illness due to their increased risk of experiencing the severe negative health impacts associated with prolonged isolation, no other protections exist. Thus, Layleen Polanco, who had epilepsy, and Kalief Browder, who was a teenager during his incarceration, would not be exempt from these units. Exemptions must extend to those under 25, those over 55, those with physical or mental health conditions, and those with disabilities.

I will close by saying that too much is at stake here for reforms that are "in name only."

Ending solitary confinement means more than re-arranging the deck chairs. It means protecting the health and safety of those who are incarcerated, providing real opportunities for those who violate protocols to grow and improve, and abolishing punishment for punishment's sake. Our Office looks forward to reviewing a revised version of these Rules that live up to these moral imperatives.

"I thank the Biden-Harris administration for their commitment today to the lifesaving work of dedicated violence interrupters. Combating gun violence is an effort that requires action at all levels, from intervention in the streets to investment by City Hall, the State Capitol, and now, the White House.

"The plague of gun violence in our country, one only exacerbated by the COVID-19 pandemic, has always been driven by two factors: supply and demand. The access to guns, and the underlying roots of violence. Major federal legislative action to combat supply has always stalled - no matter the devastation wrought by shootings - because of powerful lobbies and cowardly politicians. To that end, executive action on ghost guns is meaningful, if minimal, progress. But the commitments today to embracing and expanding community violence intervention programs should have a powerful impact on demand.

"Incorporating community violence intervention programming across a number of federal agencies is an acknowledgment of the need to redefine public safety beyond law enforcement, to recognize the intersectionality of the issues at the core of community violence, and sends a strong message about combatting gun violence as a public health crisis moving forward.

"What began in pilot programs, localized in target neighborhoods and surrounded by widespread skepticism, now has federal support after its success in helping to bring violence to historic lows pre-pandemic. As shootings are spiking in New York City and nationwide, it is critical that we don't simply return to a level of violence that can be 'normalized,' but keep pushing to not only reduce violence but advance peace."

"Midwin Charles was a brilliant legal mind, and a vital voice in our national conversation on so many critical issues. She was committed to standing up against injustice and on behalf of people and communities being wronged. It was a privilege to have been able to speak with and at times work alongside her. A first generation American, a true New Yorker and Brooklynite, she used her success to advance and uplift her community, whether in her regular appearance on news programs, through her work with the Haitian Roundtable and the Caribbean diaspora, her speaking with local schools, her dedication to supporting women in entertainment, or her creation of opportunities for fellow lawyers to connect with and learn from each other.

"As a practicing attorney, an analyst, a writer, educator, speaker, she brought expertise and empathy to systems and struggles across the country. In court, she fought for and advanced the cause of justice, and on our screens she connected millions of Americans to that fight. Her tragic, sudden passing is heartbreaking, and I offer my prayers for peace, comfort, and condolence to her family and all who knew her best."

"For a recovery that is just and equitable, one that both meets the moment and moves us forward, we need a Renewed Deal for New York. It seems that when the role of this Governor who has long obstructed progress on key issues is diminished, the deal we can get is strong, progressive, and while imperfect, represents a vital victory for New Yorkers.

"In a process driven by community advocates in partnership with bold legislators, Albany has delivered a budget that centers New Yorkers most harmed by the pandemic while raising revenue from the people who have profited throughout it. The excluded workers fund, the first of its kind in the nation, will help to alleviate the pain felt by New Yorkers barred from aid for the last year. Rent relief and homeowner aid will help to keep thousands of New Yorkers in their homes after a year of uncertainty. Grants and credits for small businesses will help to rebuild the backbone of our economy. And after years of defensiveness and delay, the state will fully fund Foundation Aid, a long overdue investment in our schools and students.

"Finally, after years of organizing and advocacy by a statewide coalition of working New Yorkers, new tax rates and tax brackets will raise crucial revenue from the wealthiest multimillionaires and billionaires in New York - a matter of civic responsibility to do what we can, with what we have, where we are. While there are more measures in the Invest in Our New York platform that we must continue to fight for, fairness fees that should be assessed, this is vital to creating a just recovery and just economy - we just needed political courage. 

"This is a recovery budget, but the recovery from this pandemic, and the underlying crises that predated it, will take years. This budget cannot be a one-time document. It must be the start of  a governing principle- one that is committed to addressing injustices and inequities, that recognizes the way forward is not austerity but investment, that embodies the courage and competence we need to renew New York. One that I will continue to fight for."

Public Advocate Jumaane D. Williams called for expanded access to mental health services for underserved communities, particularly communities of more color, at today's City Council hearing of the Committee on Mental Health, Disabilities, and Addiction. He highlighted the mental health toll of the ongoing pandemic compounded with the collective trauma of racial injustices like the killing of George Floyd. Given these factors and longstanding inequities, he argued that a commitment in the coming budget to funding services that address rather than perpetuate trauma, together with building new infrastructure like respite centers, is needed as part of a Renewed Deal for New York.

"While the NYPD's budget will be slightly increasing, the Department of Health and Mental Hygiene's budget is going in the wrong direction. Mental health cannot be just seen again as a simple policing issue. It's not a simple issue at all. But we know we can't fix it by decreasing the agencies that are mandated to try to provide the services needed," said Public Advocate Williams. "Early last month, my Office released a report titled A Renewed Deal for New York City that highlights some solutions that the administration should explore. The upcoming budget should ensure $7 million for two new Respite Centers and $20 million for four new Support and Connection Centers. The latest federal stimulus should help fund this small ask."

The Public Advocate also discussed the stigma around mental health in the Black community, including his own experience, saying, "I am not okay. Those words resonated with a lot of folks last year when I first said them. They understood that what was happening then was too much. In communities of more color, many people still feel that way...These feelings are real, and there needs to be space for us to talk about how we are feeling when overwhelmed." He continues, "When I said those four words last year, I meant them. The raw emotion exists in communities of more color. At the same time, there can be a stigma when discussing how to manage those emotions. Asking for help too often can be seen as weakness. We need to make sure that there is courage and strength to ask a person for help."

Read the full statement from the Public Advocate for today's hearing below.

TESTIMONY OF PUBLIC ADVOCATE JUMAANE D. WILLIAMS TO THE COMMITTEE ON MENTAL HEALTH, DISABILITIES, AND ADDICTION - OVERSIGHT HEARING

APRIL 6, 2021

Good morning,

Thank you, Chair Louis. As was mentioned, my name is Jumaane D. Williams, and I am the Public Advocate for the City of New York. I again want to thank Chair Louis for holding this very important hearing today and for giving me the opportunity to speak. We know that mental health affects us all. I want to make sure I make that clear. I want to also lift up Deputy Inspector Denis Mullaney, who took his life yesterday, showing that this mental health is very real, across all lines. And I pray for his family, his friends. Even with that being true, it is right to hold a hearing on the impacts in the Black and Brown people of color community.

We've seen, from infection to injection, how much more these communities are affected, and that includes mental health, and that includes sometimes trying to self-medicate to deal with the pain. I have been very open about my own mental health and the services I've received and therapy for at least the past 5 years and the impact that that's had on me in being able to finally have a long, strong, healthy relationship. And I can't imagine trying to go through the times that we're going through now without having access to those services. And I'm saddened for those who do not.

I am not okay. Those words resonated with a lot of folks last year when I first said them. They understood that what was happening then was too much. In communities of more color, many people still feel that way. It is too much when a family member or friend passes away from a virus, again and again. It is too much when people watch videos of death. These feelings are real, and there needs to be space for us to talk about how we are feeling when overwhelmed. I have still have not looked at the video of George Floyd. I can only take a few minutes at a time on CNN when they speak of what's happening in the courtroom.

When I said those four words last year, I meant them. The raw emotion exists in communities of more color. At the same time, there can be a stigma when discussing how to manage those emotions. Asking for help too often can be seen as weakness. We need to make sure that there is courage and strength to ask a person for help. People do not need to suffer. When you are not okay, we need to make sure someone is there to help. And as the Chair mentioned, even unfortunately if you have gotten the coverage and strength to reach out, you sadly may not have the resources to access the help that's needed.

That is why upcoming budget negotiations are important, and why I keep pointing out we have to send a better message of how we're trying to keep people safe and healthy. While the NYPD's budget will be slightly increasing, the Department of Health and Mental Hygiene's budget is going in the wrong direction. Mental health cannot be just seen again as a simple policing issue. It's not a simple issue at all. But we know we can't fix it by decreasing the agencies that are mandated to try to provide the services needed. We do not simply just need more money for NYPD. We need more money for all of these agencies. We need actual investment for communities of more color that is designed to address, not perpetuate, trauma.

Frankly, communities of more color have struggled with mental health at disproportionate rates. For example, nationally, Black individuals are 20 percent more likely than others to experience serious mental health problems, according to the Department of Health and Human Services Office of Minority Health.

The pandemic has only amplified mental health issues. A New York State Health Foundation report found that 42 percent of Latinx and 39 percent of Black New Yorkers reported anxiety or depressive symptoms in October 2020. Clearly, it is difficult for people of more color to deal with the constant threat of the virus, lack of stable job opportunities, rising costs, and so many other concerns.

We should also be mindful of the number of mental health facilities that the Chair mentioned in proximity to communities of more color. There are hundreds of mental health facilities across the City with the most found in Manhattan. Notably, there are some neighborhoods in the City, such as in southeast Queens or northeast Bronx, without a nearby mental health facility at all. That highlights the challenge of accessibility to mental health facilities for so many in New York City.

This is the right opportunity to propose solutions. Early last month, my Office released a report titled A Renewed Deal for New York City that highlights some solutions that the administration should explore. The upcoming budget should ensure $7 million for two new Respite Centers and $20 million for four new Support and Connection Centers. The latest federal stimulus should help fund this small ask.

Finally, we cannot forget about the young people who are also struggling during the pandemic. The budget needs to account for more counselors and mental health staff in schools; not simply again additional funding for NYPD. Universal mental health screening is also needed, especially for students affected by the pandemic. We need to lift up our youth who have been historically marginalized, and the budget should reflect that. I appreciate today's hearing as mental health can still act as a stigma for far too many in communities of more color, communities who need their assistance the most. Genuine investment is needed to make sure we can reduce the stigma and offer help to people of more color who need it. I thank the Chair for allowing me to speak, I look forward to today's testimony. And as we redefine what public safety is, what public health is, I hope our dollars show it, where our priorities are. Thank you.

Public Advocate Jumaane D. Williams called on the state government today to make its COVID-19 websites, including those used for booking vaccination appointments, accessible for visually impaired individuals. The websites have not been optimized for use with screen readers, which provide visually impaired individuals with technological access. Roughly 3.5 million New Yorkers over the age of 40 live with visual impairments.

In a letter to State Health Commissioner Howard Zucker, the Public Advocate said that 81 of the 94 state webpages offering information and providers of the vaccine feature technological barriers, and that "New registration sites suffer from low-contrast coloring, supplemental electronic forms that must be filled out, and minimal text options such as having to find a vaccination site on a map versus textually listed locations... The lack of vision accessibility creates the potential for significant disparities in our efforts to vaccinate the population."

He also noted the legal obligation to be accessible under the ADA, and called for the state to begin "working in tandem with disability advocates to redesign websites to ensure their compatibility with screen reader software, adding higher contrast coloring, and offering text only lists of vaccine information and providers as opposed to maps that are incompatible with screen reader technology."

The Public Advocate introduced city legislation in 2020 aimed at expanding, updating and enforcing digital accessibility for New York City agencies, and has previously highlighted additional technological barriers with vaccination websites.

The full letter to the Commissioner is below, and can be downloaded here.

Dear Commissioner Zucker:

I write to you today concerning the lack of accessibility that people with vision impairment are experiencing with websites containing information and resources regarding the COVID-19 vaccination. Websites intended for booking COVID-19 vaccination appointments are not optimized for use with commonly used screen readers that give technological access to those with vision impairments. New registration sites suffer from low-contrast coloring, supplemental electronic forms that must be filled out, and minimal text options such as having to find a vaccination site on a map versus textually listed locations. Recent surveys found technological barriers on 81 of the 94 state websites offering information and providers of the vaccine.

About 3.5 million New Yorkers over the age of 40 live with visual impairments. The lack of vision accessibility creates the potential for significant disparities in our efforts to vaccinate the population. It is critical we make all efforts to adhere to Title II of the Americans with Disabilities Act, or we run the risk of leaving vision-impaired New Yorkers behind in the fight against this pandemic.

All New York City and State websites offering resources on the COVID-19 vaccine must adhere to the Americans With Disabilities Act by establishing accessibility to those with visual impairments. This can be achieved by working in tandem with disability advocates to redesign websites to ensure their compatibility with screen reader software, adding higher contrast coloring, and offering text only lists of vaccine information and providers as opposed to maps that are incompatible with screen reader technology.

I look forward to receiving a timely response from your agency. For further discussion, please contact First Deputy Public Advocate Nick E. Smith at nsmith@advocate.nyc.gov and Deputy Public Advocate for Justice, Health Equity & Safety Rama Issa-Ibrahim at rissa-ibrahim@advocate.nyc.gov. Thank you very much for your time and consideration.

Sincerely,

Jumaane D. Williams

Public Advocate for the City of New York