As COVID Surges In NYC Jails, Officials Quibble Over Blame

With the latest coronavirus variant spreading rapidly in city jails, the head of the Department of Correction (DOC) sent a frantic letter to public defenders this week calling on them to do anything possible to help reduce the jail population. Defenders and district attorneys said they are doing everything in their power, but it’s ultimately up to the city to improve conditions for incarcerated people.

On Thursday, Public Advocate Jumaane Williams said it was critical to answer the commissioner’s plea through measures such as compassionate release for people who are older or more vulnerable to complications from the virus.

“​​This isn’t about people evading accountability,” Williams said. “It’s about compassion, safety and common sense.”

In his letter, which was shared with WNYC/Gothamist, DOC Commissioner Vincent Schiraldi said that for months the positivity rate for COVID in city jails hovered around 1%. On Monday, it jumped to 9.5%, before nearly doubling to 17.5% on Tuesday, he said.

“While much of New York City may be spared the worst possible impacts of the omicron variant due to relatively high vaccination rates, only 45% of our incarcerated population has received one shot of the vaccine, and only 38% is fully vaccinated,” Schiraldi wrote.

He said DOC is suspending in-person visits and cutting programming in jails to reduce the spread. “These measures will have considerable negative effects on a jail population that is still reeling from two years of COVID and a staffing crisis that has contributed to unprecedented levels of tension, anxiety, and violence within the jails,” Schiraldi said.

Williams raised concerns that “suspending critical programming to limit the spread, as they are being forced to do, will ultimately exacerbate all the pre-existing crisis conditions on the island.”

The letter comes at a time when the city is already facing scrutiny for the conditions on Rikers Island. There have been 16 deaths in city jails this year, including five suicides.

At a press conference Wednesday, Mayor Bill de Blasio and Dr. Mitchell Katz, president and CEO of NYC Health + Hospitals, said they were relieved that no one in DOC custody was currently hospitalized for COVID. As the number of cases rises, New York City has seen fewer hospitalizations compared to past waves. But that could change if infections continue to spiral out of control. UK health officials released an analysis Thursday showing that omicron patients are 50-70% less likely to need hospitalization relative to the delta variant. But they said even with this reduced risk, omicron could still “lead to very high numbers of admissions to hospital” because it spreads so fast and evades immunity. New York City officials say the majority of those hospitalized in recent weeks have been unvaccinated.

Schiraldi called on defense attorneys to help empty jails by requesting shorter sentences or supervised release for their clients and seeking compassionate release where possible. Early in the pandemic, the city took successful measures to reduce the jail population in order to mitigate the spread of COVID-19. The jail census shrank to a low of around 3,800 in 2020 but was then allowed to increase again.

Inmates now spend 88 more days in custody, on average, than they did pre-pandemic. As of early November, 5,450 people were being held in city jails. About three in four were in units operating at more than 50% capacity. Over half were in units operating at more than 75% of their capacity.

“We are ready to do everything we can for our clients, but defenders can't decarcerate without the cooperation of the people who hold the keys,” said Corey Stoughton, an attorney with the Legal Aid Society.

Asked about Schiraldi’s letter, several district attorneys’ offices told WNYC/Gothamist they have already been taking measures to limit the amount of time people spend in city jails.

“Our policy is to limit bail requests to cases involving violent and repeat offenders, particularly those with warrant history,” said a spokesperson for the Brooklyn DA. “We are well aware of the recent spike in COVID cases and the humanitarian crisis in Rikers, and have been reviewing all cases of detained individuals to identify those who could be safely released.”

The Manhattan DA’s office said that “in light of the recent spike in COVID-19 cases among people in custody, we are continuing to scrutinize cases where bail has been set, with the goal of recommending the release of certain individuals charged with misdemeanors or non-violent felonies who do not present a clear threat to public safety.”

However, some bristled at what they saw as an effort to shift the blame for the situation in city jails.

“To be clear, the lion's share of responsibility for creating and fostering a safe environment on Rikers Island lies with the mayor and Department of Correction — not with prosecutors, not with the defense bar, and not with the courts,” said Ryan Lavis, a spokesperson for the Staten Island DA.

Lavis added that his office is seeking to identify cases that qualify for compassionate release “or some other less restrictive means of supervision, just as we did last year during the height of the pandemic.” But, he said, “this does not mean we will consent to simply emptying our city’s jails at the sacrifice of public safety.”

Delays in cases being processed in the courts have contributed to people spending longer on Rikers Island now than they did pre-pandemic. But Lucian Chalfen, a spokesperson for the Office of Court Administration, railed against the message from the commissioner.

“This letter is emblematic of the de Blasio administration’s continuing pattern of blame shifting,” Chalfen told WNYC/Gothamist Wednesday. “Trying to make their inability to manage the city’s jail system into a global criminal justice crisis in New York City is nothing short of disgraceful. Judges make decisions at arraignments regarding whether or not to incarcerate a defendant based on the law and based on their belief that the individual will meet their obligation to return to court.”

Advocates are calling on the city to improve conditions for people who are still incarcerated. Eight people in city jails died of COVID between March 2020 and March 2021, including five who died after being released to a city hospital. Stoughton said the city seems less equipped to handle the outbreak now than it was earlier in the pandemic.

Because of staffing shortages, Stoughton said, “You cannot get people incarcerated to clinics for basic medical care. People who may be symptomatic have no one to report it to because there's nobody there.”

Jeanette Merrill, a spokesperson for the city’s Correctional Health Services (CHS), said that clinic access is being prioritized “so that we can continue to provide health and mental health services to our patients.” She added that people in jail can also call a hotline from their housing units to speak directly with a nurse.

Merrill said CHS is also taking measures to control the spread of omicron. That includes testing people who are newly admitted to city jails and quarantining people who are positive or have been exposed to someone with COVID. “We continue to work with the Department of Correction to house COVID-positive patients in COVID-confirmed housing units for proper isolation and monitoring,” Merrill said.

Correction officers were given an extension until December 1st to comply with the COVID-19 vaccine mandate for city workers, but hundreds faced suspension for their refusal to do so. CHS has not responded to a query from WNYC/Gothamist about how many staff have been suspended or laid off because of the mandate and how many are out for other reasons.