Press Room

Public Advocate Jumaane D. Williams called for a series of reforms aimed at gender equity and justice for incarcerated women and other TGNCNB individuals at a joint hearing of the City Council Committees on Criminal Justice and Women and Gender Equity Tuesday morning.

"As the population of incarcerated women, including trans women, continues to grow we as a City must challenge ourselves to ensure their humanity, safety, and particular needs are met," said Public Advocate Williams. He expressed support for several bills from Council Member Helen Rosenthal, including ones requiring comprehensive training and tracking for investigation of sexual abuse in jails, arguing that "Jails are unique in that staff and those incarcerated are the only witnesses. We know that underreporting of sexual assault and abuse is common, due to fear and intimidation survivors may feel. We must create trusted processes, comprehensive training, and proper investigations, in order to encourage women to come forward."

On a bill to provide doula and midwife services for pregnant individuals in DOC custody, he said in support of the legislation that "Support from doulas help reduce caesarean sections, which are often used for Black mothers even when unnecessary, and anesthesia use. Women assisted by doulas also report lower preterm births. Being pregnant in a DOC facility is a harrowing experience as seen with the latest settlement for a Black woman who was shackled during pregnancy by police. These individuals are treated as prisoners first. Meanwhile, these individuals are expected to negotiate with DOC for accommodations."

Public Advocate Williams further raised issues faced by the TGNCNB community in city jails, asking "We must make sure, in the face of oppression and violence, that there are resources available for those in the TGNCNB community... Correctional Health Services offers hormone therapy for anyone who requests it. However, this policy is unclear. Is there appropriate access to it? Are individuals given information related to its access & availability when detained? How many individuals undergo hormone therapy? How many requests are there per quarter? These are some of the questions should be answered and clarified. " He also reiterated his call for a true end to solitary confinement in practice rather than in name.

Read the full statement from Public Advocate below.

TESTIMONY OF PUBLIC ADVOCATE JUMAANE D. WILLIAMS

TO THE COMMITTEE ON CRIMINAL JUSTICE AND COMMITTEE ON WOMEN & GENDER EQUITY - OVERSIGHT HEARING

APRIL 27, 2021

Good morning,

As mentioned my name is Jumaane D. Williams, Public Advocate for the City of New York. I just want to thank Chair Powers, Chair Diaz, and Council Member Rosenthal for their passion and leadership.

Many, if not all structures and institutions have been built with the needs and experiences of cisgender men in mind. Jails are no different. As the population of incarcerated women, including trans women, continues to grow we as a City must challenge ourselves to ensure their humanity, safety, and particular needs are met. In the last quarter of FY 2020 the number of women detained at DOC facilities was 155, that rose to 253 persons by the end of December that year. I am deeply concerned about this increase, particularly during a pandemic, and urge the administration to ensure every resource available is used to limit the number of people that are being incarcerated in the first place.

The bills being heard today, all sponsored by Council Member Rosenthal, seek to address the experiences of incarcerated women. Intro. No. 1656 would require a comprehensive training program for sex crime investigations and Intro. No. 1491 would track the investigation of sexual abuse. In the last six months of 2020, seven trans women reported sexual abuse and harassment. Each of those stories reflect an experience trapped within jail walls. Each experience shows how the power dynamic in jails can be uneven. Of course, no one should abuse this power but statistics show otherwise. Jails are unique in that staff and those incarcerated are the only witnesses. We know that underreporting of sexual assault and abuse is common, due to fear and intimidation survivors may feel. We must create trusted processes, comprehensive training, and proper investigations, in order to encourage women to come forward. I support these bills, and suggest that the investigation training program incorporate social workers and trauma-informed counselors.

The last bill, Intro. No. 1209, would provide doula and midwife services for pregnant individuals in DOC custody. Support from doulas help reduce caesarean sections, which are often used for Black mothers even when unnecessary, and anesthesia use. Women assisted by doulas also report lower preterm births. Being pregnant in a DOC facility is a harrowing experience as seen with the latest settlement for a Black woman who was shackled during pregnancy by police. These individuals are treated as prisoners first. Meanwhile, these individuals are expected to negotiate with DOC for accommodations. I support Intro. No. 1209 as the burden should not fall upon these individuals. Rather, DOC should offer these services that recognize humanity without hesitation.

We must also focus on people who identify as trans, non-binary, and/or gender non-conforming in jail. Entering into the cycle of incarceration is dangerous, and it is difficult to escape from it. In the second quarter of this fiscal year, the number of people who identify as trans, intersex, or non-binary was 39. The fourth quarter of fiscal year 2020 only reported for people who identified as trans, which was 21. The increase may stem from a change in definition. Anyone who is incarcerated can enter into the cycle of incarceration even after leaving jail, which is especially impactful for trans, gender non-conforming, and non-binary people. This is particularly alarming during a time when we are seeing so many anti-trans bills introduced across the country at a rate never seen before. It is alarming during a time when at least 10 trans people have been killed so far this year. We must make sure, in the face of oppression and violence, that there are resources available for those in the TGNCNB community.

Take hormone therapy for example. Correctional Health Services offers hormone therapy for anyone who requests it. However, this policy is unclear. Is there appropriate access to it? Are individuals given information related to its access & availability when detained? How many individuals undergo hormone therapy? How many requests are there per quarter? These are some of the questions should be answered and clarified.

Moreover, DOC's Special Considerations Unit raises concerns. In the second half of 2020, 18 applicants requesting to be transferred into this area, designated for TGNCNB people, were rejected. The agency must offer an explanation for rejection, which is not always given. Rejection can mean a higher likelihood of sexual assault or physical violence for individuals. DOC must clarify why these applications are rejected because of the danger of not being appropriately housed.

Finally, we must make sure of a plan to eliminate solitary confinement. Earlier this month, the Governor signed the HALT Solitary bill. It is the City's turn to end solitary confinement. The proposed rules from DOC do not appear to go far enough. There are serious issues with them that my Office raised at a recent BOC public hearing. Instead, we need to pass legislation to eliminate the practice and introduce plans to separate individuals without depending on isolation. It is the right option, especially two years after the death of Layleen Polanco.

I appreciate today's discussion as it is difficult to escape from the cycle of incarceration. Women and people in the TGNCNB community should have resources and opportunities to avoid incarceration. It is up to us to make sure of that. I really thank the Chairs and Council Members for allowing me to speak, and I look forward to today's testimony.

NEW YORK: Public Advocate Jumaane D. Williams issued the following statement after it was reported that the NYPD found no wrongdoing in the shooting death of Kawaski Trawick, and that there was no disciplinary action taken for the officers involved.

"Kawaski Trawick deserved justice and accountability - he deserved to live. And our systems robbed him of all three. I understand the complexities of the situation, the need to make quick decisions in emergency situations. But I don't know how you can look at this case, look at this video, and conclude that no one did anything wrong.

"The failures began long before officers even approached him - in the city's failure to treat mental health issues, and to recognize this incident for the health crisis it was and should have been treated as, rather than the violent encounter it became. Armed officers should never have been responding to this call, but even after their arrival, there were multiple opportunities for officers to disengage and de-escalate- and instead they chose to pursue and provoke. To say that there was no wrongdoing in this case is to blatantly ignore both systemic and individual failures, and invite them to perpetuate.

"As we await a verdict in the trial of  Derek Chauvin for the murder of George Floyd, this is a reminder that we don't need to look to Minneapolis for injustice in policing and the tragedy that results - only to Morris Heights."

"As they receive some semblance of justice, or at least accountability, I feel the pain of George Floyd's family. The perpetual pain of Blacks in America from a wound that never really has time to scar over, much less heal, before it is again ripped open by a headline, a video, a verdict. So while I'm relieved the jury reached the right decision, that Derek Chauvin will face consequences, I'm not celebrating. It's hard to truly breathe a sigh of relief when George Floyd cannot. Derek Chauvin is guilty, but George Floyd is dead.

"That this verdict was ever in doubt, amid overwhelming evidence, is itself evidence of the reality that to some, Black lives matter less than white privilege. That this trial could not pass without another senseless police killing of an unarmed Black man in Minneapolis is evidence that the moral arc's bend toward justice still stretches long before us. But the verdict gives us some hope that if we persist, we may persevere.

"Our systems, our government leaders, have long given tacit permission to people like Derek Chauvin, George Zimmerman, and Daniel Pantaleo, condoning the deaths of Black people rather than condemning their killers. Waving their hands at injustices and washing their hands of the consequences

"In nearly a year since George Floyd was killed, a movement for justice and equity of a scope unlike we've seen in decades has swept the country. I am proud of the movement, immensely proud that it continues to put pressure on the powerful, and immensely frustrated by the reluctance of those with power to use it to deliver change. While there has been progress in some areas which are worthy of recognition and even celebration, most are overdue and underdelivered, falling far short of the need to fundamentally redefine public safety.

"I'm glad for today's verdict, but I'm not okay. Still, and likely for a long time, as the Black community waits for the justice and equity promised but never delivered. And I'll continue to join the protests that will undoubtedly fill the streets, because we are not okay, and too many people, systems, institutions are okay with that."

Public Advocate Jumaane D. Williams issued the following statement after it was reported that New York State Comptroller Thomas DiNapoli made a formal referral for, and Attorney General Letitia James opened, an investigation into Governor Andrew Cuomo's potential use of state resources to publish and promote his recent book.

"I am glad to see the Comptroller formally request, and the Attorney General open, an investigation into how Governor Cuomo could have used the trauma and the tax dollars of New Yorkers to publish his book and promote his image.

"As I've said in the past, I also urge the Comptroller and Attorney General to use their powers to pursue investigations into not only the Governor's book deal, but the actions he's taken in order to tell a better story - including covering up the true cost of his failure to protect nursing home residents. It is my hope that these investigations will reveal a more honest telling of the Governor's failures throughout the pandemic."

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."