Thursday, March 11, 2021

Comptroller Stringer Analysis: City Spent More Than $447,000 Per Incarcerated Person in FY 2020 as Rates of Violence Rise

 

Department of Correction on the Comptroller’s Watch List for the fourth consecutive year

Agency has been under a Consent Decree and federal mandates since November 2015, yet violence and the use of force within city jails has increased despite rising costs and increased staff ratio per incarcerated person

Comptroller Stringer calls for redirecting resources to programming and treatment that can help prevent incarceration, reduce violence within the jails, and help people succeed in their communities after they leave.

 Today, New York City Comptroller Scott M. Stringer released an analysis of Fiscal Year (FY) 2020 spending for the New York City Department of Correction (DOC) – an agency which appears on the Comptroller’s annual “Agency Watch List” for the fourth year in a row due to concerns around soaring costs and persistent underperformance. The analysis found that New York City spent an average of $447,337 per every incarcerated individual in FY 2020 – a 30 percent increase over the previous year – even as rates of fight and assault infractions in City jails rose by 27 percent. Comptroller Stringer underscored the need to redirect resources to programming and treatment that can prevent incarceration, increase safety within the jails, and help people succeed in their communities after they leave.

Despite historic declines in the jail population that began to accelerate at the end of 2019 with the implementation of new State bail laws and subsequent drops during the early stages of the COVID-19 pandemic, the full cost per incarcerated individual continues to increase unabated – more than doubling since FY 2015. Despite higher spending and staffing per incarcerated person, use of force, fights, and assaults on other incarcerated individuals and on officers are all on the rise.

“My analysis of the Department of Correction shows that its spending is continuing to fail to deliver meaningful results for New Yorkers – and it’s why I’m putting them on the Watch List for the fourth year in a row,” said Comptroller Stringer. “The cost to incarcerate a single individual on Rikers has exploded even as our jail population remains near historic lows – yet rates of violence continue to climb. That means we are spending more and more money to incarcerate fewer and fewer people and reducing the safety of both officers and people in custody in the process. We must reimagine our criminal legal system, dramatically reduce the pretrial population, and invest our taxpayer dollars in the resources and programs—from housing to health care—that prevent incarceration in the first place.”

First announced in 2018, the Agency Watch List calls attention to City agencies that raise the most budgetary concerns to evaluate the effectiveness of spending and recommend indicators that should be reported and monitored to achieve the Administration’s stated goals.

This year’s watch list report on the DOC highlighted the following data:

Budget and Spending

  • The DOC budget declined 7 percent from $1.37 billion in FY 2017 to $1.28 billion in FY 2020 and is forecast to decrease by an additional 11 percent to $1.14 billion in FY 2021.
  • Uniformed headcount has also fallen, dropping 15 percent from 10,862 in FY 2017 to 9,181 in FY 2020. The City forecasts that the number of correction officers will fall by an additional 23% during FY 2021, reaching 7,060 officers by the end of June 2021. However, as of the end of November 2020, headcount was down just 3%, to 8,871.
  • Overtime expenses have decreased – falling 44 percent from FY 2017 to FY 2020, as overtime per uniformed officer dropped by 37 percent from $22,131 in FY 2017 to $13,869 in FY 2020.

Census, Staffing and Cost

  • Annual admissions to city jails and the average daily population have dropped substantially in recent years. During FY 2020, the population averaged 5,841, a decline of 26 percent from the prior year and 39 percent below FY 2017. Total admissions to jail were down 60 percent, dropping from 58,226 in FY 2017 to 23,317 in FY 2020.
  • For the first four months of FY 2021 (July-October 2020), as the city began to ease COVID-19 restrictions, the daily population averaged 4,193, a further decline of 28 percent from FY 2020.
  • As of FY 2020, DOC employed 1.6 correction officers and spent an average of $217,043 for every incarcerated person.
  • In FY 2020, the City spent an additional $230,294 in non-DOC costs for each person in custody, including expenses for employee fringe benefits and pensions and health care services provided by other agencies, bringing the full annual cost of incarceration to $447,337 per person.

Violent Incidents and Use of Force

  • Violence in City jails rose in FY 2019 and again in FY 2020. From FY 2019 to FY 2020, the rate of fight and assault infractions rose by 27 percent and the rate of violent incidents among the jail population rose by 16 percent. Assaults on staff have also increased with the rate rising 26 percent in FY 2020.
  • The rate of incidents and allegations of use of force has also grown sharply, nearly doubling from FY 2018 to FY 2020.

Access to Health and Mental Health Services

  • As admissions have fallen, the percentage of the jail population with a mental health diagnosis has gone up, reaching 46 percent in FY 2020 and 54 percent in the first four months of FY 2021.
  • The share of the jail population with a serious mental health diagnosis also increased from 14.8 percent in FY 2020 to 17 percent in the beginning of FY 2021.

According to the New York City Board of Correction, as of the last day of FY 2020, more than 300 people in DOC custody had a confirmed case of COVID-19, while more than 200 Correctional Health Services staff and over 1,400 DOC staff had contracted the virus. Three people in custody have died of COVID-19.

To read the DOC Agency Watch list, click here.

To view the Comptroller’s annual update on DOC operations, click here.

WILLIAMS CALLS ON MAYOR TO 'BAN THE SCAN' BY ENDING FACIAL RECOGNITION

 

 Public Advocate Jumaane D. Williams called on Mayor de Blasio today to 'ban the scan' by prohibiting the use of facial recognition technology by city government, including by law enforcement. This request comes after the Public Advocate argued in his State of the People address that "Just as we need to fundamentally change policing tactics, we must regulate policing tools - ending the DNA and gang databases, and banning the use of facial recognition, all of which threaten to be not tools of public safety, but threats to it."

In a letter, the Public Advocate states that facial recognition technology will perpetuate existing systemic biases, writing that "Facial recognition technology misidentifies Black and Brown New Yorkers 10 to 100 times more than Caucasian New Yorkers, resulting in real harm. These error-prone, racially biased algorithms have devastating impacts for people of color. One false match can lead to a wrongful arrest, a lengthy detention, and even deadly police violence."

He argues that any potential beneficial outcomes of the technology do not justify the harm of this mass surveillance, asking that New York City agencies:
  1. Cease use of all facial recognition technology.
  2. Permanently destroy data collected and used for facial recognition in the past.
  3. Publish data concerning each instance in which facial recognition technology was utilized.
"Technology can be a powerful tool to provide equity, transparency, and progress," says the Public Advocate, "But is too often used to further systemic inequities within vulnerable communities." 

On Wednesday at 6:00 PM, the Public Advocate will hold a virtual town hall with Amnesty International, S.T.O.P, AI For the People, and Borough President Gale Brewer to discuss the Ban the Scan campaign. The town hall will stream live here

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

Dear Mayor de Blasio:

I write to you today regarding the harms of facial recognition technology on New Yorkers when used in public safety and government services applications. Facial recognition technology is a form of biometric technology that produces serious harm. Facial recognition technology misidentifies Black and Brown New Yorkers 10 to 100 times more than Caucasian New Yorkers, resulting in real harm. These error-prone, racially biased algorithms have devastating impacts for people of color. One false match can lead to a wrongful arrest, a lengthy detention, and even deadly police violence. Facial recognition technology should not be used in any capacity by New York City - any potential beneficial outcomes cannot justify the immense harm of expanding systems of mass surveillance that violate the right to privacy and threaten the rights to freedom of peaceful assembly and expression.

I request the City of New York cease its use of facial recognition technology in order to protect the civil liberties of New Yorkers and end any further development of harmful police practices against Black and Brown New Yorkers. As we have seen, law enforcement agencies' argument that this is necessary to stop crime is simply untrue: with photographs as evidence, they continue to solve crimes without these problematic algorithms. Specifically, in order to prevent the harms of facial recognition in policing and to safeguard the civil liberties of all New Yorkers, I urge that all New York City agencies:
  1. Cease use of all facial recognition technology.
  2. Permanently destroy data collected and used for facial recognition in the past.
  3. Publish data concerning each instance in which facial recognition technology was utilized.
Technology can be a powerful tool to provide equity, transparency, and progress, but is too often used to further systemic inequities within vulnerable communities. Facial recognition technology is not necessary and the harms far outweigh any positives.

I look forward to receiving your response within one week upon receipt of this letter. For further discussion, please contact First Deputy Public Advocate Nick E. Smith at
nsmith@advocate.nyc.gov and Director of Technology, Development, & Data John Robert Katt at jkatt@advocate.nyc.gov. Thank you very much for your time and consideration.

Sincerely,
Jumaane D. Williams
Public Advocate for the City of New York

Bronx Chamber of Commerce - Join Us To Celebrate Women of Distinction

 

March 26, 2021 at 11:30am on Zoom (Register)
 
The Bronx Chamber of Commerce is once again awarding partial college scholarships to high-achieving female Bronx students as part of its annual Women’s History Month Women of Distinction event series, now in its 15th year! This year’s event -- themed Valiant Women of the Vote: We Will Not Be Silenced -- will honor Hazel N. Dukes, President of the NAACP New York State Conference. Meisha Ross Porter, Bronx Executive Superintendent and newly-appointed Chancellor of the NYC Department of Education, will serve as Keynote Speaker. 
  
While we are disappointed to again not be able to gather in person to celebrate our honoree & scholarship recipients and recognize our Chamber member sponsors, we are thrilled to be able to award partial scholarship funds to more than 20 accomplished female students from high schools around the Bronx – a new record for our scholarship program!
 
Scholarships were made possible through the generosity of the following sponsors: Con Edison, Metro Optics, Ponce Bank, Sandra Erickson Real Estate, The Monroe Foundation, Woodlawn Cemetery, Simone Development, Manhattan Parking Group, Orange Bank & Trust, KZA Realty, Verizon, NYC Council Member Mark Gjonaj, and an anonymous Friend of the Chamber donor.
 
To join us as a sponsor, make a donation, or purchase an ad in the digital event journal (deadline is 3/16), please email events@bronxchamber.org 
 
To register for the event (March 26 starting at 11:30am, on Zoom), please click HERE
 

296 Days and Counting

 


I have a new Chancellor next week, and we will do what we can to keep this banner up this year. I am thinking of running for governor next year.


Governor Cuomo and Governor Murphy Announce Indoor Dining in New York City and New Jersey Will Expand to 50 Percent Capacity Beginning March 19

 

New York City Currently at 35 Percent for Indoor Dining; Rest of New York State at 75 Percent

New Jersey Currently at 35 Percent Capacity for Indoor D

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Governor Andrew M. Cuomo and Governor Phil Murphy today announced that New York City and New Jersey will expand indoor dining capacity to 50 percent beginning March 19. Currently, New York City and New Jersey restaurants are operating at 35 percent capacity and the rest of New York State is operating at 50 percent capacity. This follows Governor Cuomo's announcement that restaurants outside of New York City will expand to 75 percent capacity beginning March 19.

"In New York State, our decisions are based on science and data and we are encouraged by the continued decline in infection and hospitalization rates," Governor Cuomo said. "In partnership with the State of New Jersey, we are expanding our indoor dining openings in New York City to 50 percent. We will continue to follow the science and react accordingly. If we keep the infections down and vaccinations up, we will continue to stay ahead in the footrace against this invisible enemy and reach the light at the end of the tunnel together."

New Jersey Governor Phil Murphy said, "In New Jersey, we will continue to move deliberately, responsibly and incrementally, guided by public health data. We feel confident in this step given the improving metrics we have seen over the last several weeks in both New Jersey and New York City, as well as the continued ramp up of our vaccination program. Our states will continue to work together to protect the health of as many residents as possible."

These capacity increases are part of both state's continued efforts to jump start their post-COVID recovery and reinvigorate the economy. Since New York City indoor dining was reopened on February 12, two COVID-19 incubation periods have passed without any significant rise in infection and hospitalization rates. This expanded capacity is subject to strict guidance and State officials will continue to reevaluate the data. New Jersey last expanded indoor dining on February 5. During that time, the number of hospitalizations in the state has dropped by over 1,000 and has remained consistent.

MAYOR DE BLASIO RELEASES STATEMENT ON THE CONGRESSIONAL PASSAGE OF THE AMERICAN RESCUE PLAN

 

Mayor Bill de Blasio released the below statement following the U.S. House of Representatives passage of the American Rescue Plan. The legislation now goes to President Biden to sign into law.

 

"After months of advocating on behalf of New York City, I am thrilled to see the passage of the American Rescue Plan through Congress. This is exactly the bold action we've needed to help New York City drive a recovery for all of us. This stimulus bill is the most comprehensive, progressive economic legislation passed since President Roosevelt’s New Deal and will bring much needed relief to families, cut child poverty and help small businesses survive. 

 

“New York City, and cities across the nation, will benefit immensely from direct local aid to boost our vaccination program, keep our schools open and drive economic growth. I want to thank Senate Majority Leader Chuck Schumer for playing a pivotal role in bringing this relief to his fellow New Yorkers. To President Biden, Speaker Pelosi, Senator Gillibrand and the entire New York delegation: THANK YOU. Because of your heroic efforts, there is light at the end of the tunnel. New York City will lead the nation with a recovery that works for all of us."

Attorney General James Utilizes Authority to Prosecute False, Race-Based Police Reports for First Time

 

Former Ice Cream Shop Owner Also Sued Over Use of Racist Intimidation Tactics, Pulling Weapons On Peaceful BLM Protesters

First Lawsuit Brought by AG James’ Hate Crimes and Bias Prevention Unit  

 New York Attorney General Letitia James today took action to stop discrimination, harassment, violent threats, and — for the first time — false, race-based police reports in a lawsuit against the former owner of a popular ice cream shop in Schenectady, New York. The lawsuit — filed against David Elmendorf, the former owner of Bumpy’s Polar Freeze — seeks to hold Elmendorf responsible for multiple racist and discriminatory actions he took in violation of the law shortly after the ice cream shop’s allegedly racist hiring practices came to light last year. In altercations with peaceful Black Lives Matter protesters, Elmendorf brandished several weapons and made death threats in an effort to stop legal protests, while simultaneously using a number of offensive, racial epithets when referring to Black protesters. Following the altercations, Elmendorf called the police and falsely claimed protesters were brandishing weapons as he used their race and color as reasoning for the call. Today’s lawsuit is the first brought by Attorney General James’ Hate Crimes and Bias Prevention Unit and seeks to make use of new authority granted to Attorney General James by the state legislature, last year, against those making false, race-based police reports to local police.

“Those who make racist and violent threats will be held accountable by my office with the full weight of the law,” said Attorney General James. “The charges against David Elmendorf should serve as a warning that hate crimes will not be tolerated on my watch and we will not allow any individual to use the color of someone’s skin as a weapon. Today, we are utilizing new authority, for the first time, to bring charges against an individual who filed false, race-based police reports. We must continue to remain vigilant against hate and bias in our communities, and I encourage anyone with information about a potential hate crime to contact my office.”

Last June, text messages allegedly authored by Elmendorf circulated on social media, revealing the use of racial epithets and Elmendorf’s refusal to hire Black individuals. In response, Black community groups — including Black Lives Matter — as well as hundreds of others protested against Elmendorf on private property near Bumpy’s. Over a period of two days, Elmendorf then terrorized peaceful protesters by making several armed, racist death threats with both a .22 caliber air rifle and a baton. Additionally, Elmendorf called local police and made false reports — claiming protesters were armed, when, in fact, no protesters were carrying any weapons.

Today’s lawsuit charges Elmendorf with intending to choose his victims based on race, in violation of New York Civil Rights Law (NYCLR) § 79-n, as well as violating their ability to practice their civil right to peacefully protest when he threatened to use physical force and harassed protesters with racial slurs, under New York Civil Rights Law § 40-c. 

Additionally, for the first time since the passage of the additional provision in NYCLR § 79-n last summer, Attorney General James is bringing a charge against an individual for filing a false, racially-motivated police report. Last year, following the high-profile case against Amy Cooper, a white woman who called 911 on an innocent Black birdwatcher in Central Park, the state legislature passed a law giving Attorney General James the authority to sue any person who — when motivated by racial or other bias — “summons a police officer…without reason to suspect a violation of the penal law.”

Attorney General James seeks to enjoin Elmendorf from imposing future threats to intimidate, coerce, or harass any persons or group of people because of their race, from having or brandishing a deadly weapon within 1,000 feet of any peaceful protest, from communicating with any of the victims from the incident, and from creating false reports with the police based on a person’s skin color.

The suit also seeks to force Elmendorf to pay a penalty of up to $500 for each instance where he attempted to violate a protester’s right to peacefully protest, pursuant to NYCRL § 40-c.

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic March 19

 

4,798 Patient Hospitalizations Statewide

999 Patients in the ICU; 686 Intubated

Statewide Positivity Rate is 3.16%

58 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic.

"We're working hard every day to get New York's infection rate down while increasing the vaccination rate, and the state is making significant progress in that ongoing footrace," Governor Cuomo said. "But even as we gain more supply of the vaccine, grow our distribution network and get more shots in arms, New Yorkers need to stay vigilant, so that we don't lose an inch of that progress. We're expanding eligibility and continually extending our efforts to get the vaccine to underserved communities, and until every New Yorker is vaccinated I encourage everyone to keep washing their hands, wearing masks and social distancing as we get through this fight together."

Today's data is summarized briefly below:

  • Test Results Reported - 205,616
  • Total Positive - 6,489
  • Percent Positive - 3.16%
  • 7-Day Average Percent Positive - 3.11%
  • Patient Hospitalization - 4,798 (-101)
  • Net Change Patient Hospitalization Past Week - -525
  • Patients Newly Admitted - 561
  • Hospital Counties - 53
  • Number ICU - 999 (-12)
  • Number ICU with Intubation - 686 (+11)
  • Total Discharges - 151,354 (+541)
  • Deaths - 58
  • Total Deaths - 39,230