Once again, a major part of the criminal justice system — our jails — is being ignored. This policy shift is likely to result in more individuals remaining incarcerated for longer periods. The issue isn’t longer jail stays; jails exist for a reason. The real problem is that while Governor Hochul is fighting to maintain safety and order in the streets, NYC jails have been stripped of the ability to do the same. Data shows that incarcerated individuals, including those with mental illness, are more likely to engage in violent behavior the longer they remain inside, endangering both staff and other detainees.
New York cannot have safer streets without safer jails. Public safety does not stop at the jailhouse door. Safety on the streets of New York and safety in the jails are connected. The same policies proposed to protect the public must protect those inside our jails. Policies that keep more people in custody while preventing the Department of Correction (DOC) from instituting similar policies create a double standard that suggests the safety of those in NYC jails is of less importance.
This oversight is undeniable, since it’s coming from both Albany and City Hall. When violent crime rises in our city, critics argue that it’s because the NYPD isn’t allowed to do its job. The political response is more punitive measures: jail. But when the same population commits violent crimes in our jails, critics accuse the DOC of creating a “culture of violence.”
Related: OP-ED: The Plot to Assassinate Black America – New York Amsterdam News
For a decade, the federal monitor’s reports have documented that a small group of detainees is responsible for most violent incidents, yet city and state lawmakers continue to blame the DOC for this so-called culture of violence. Both have imposed restrictions that limit how jails respond to violence, creating a dangerous contradiction and failing to see the connection.
We cannot have one standard for the streets and another for the jails. If Governor Hochul is giving judges more power to impose harsher consequences on offenders to ensure public safety, then she must also empower the DOC with the same authority in the jails. Any reform that increases pretrial detention must include measures that allow the DOC to impose stricter consequences on individuals who commit violent acts while incarcerated. Without this balance, the policy is incomplete and will continue to fuel more violence behind bars.
In addition, if Judge Laura T. Swain is to make an informed decision about placing NYC jails under federal receivership, she must conduct a full and independent review for bias of all reports submitted by the federal monitor. For years, these reports have repeatedly blamed uniformed staff for fostering a culture of violence while identifying a small group of detainees as responsible for most violent incidents. This contradiction cannot be ignored. Ignoring this reality and implementing federal receivership without addressing these fundamental issues will only lead to further chaos — just under new leadership and at the taxpayers’ expense.
Safer streets and safer jails must go hand in hand. Ignoring this reality means we are not serious about protecting anyone — inside or outside the jail system. Reform must be an all-inclusive fight. Until we consider all parts of the criminal justice system equally, we will keep repeating the same mistakes and hoping for different outcomes, which is insanity.
Elias Husamudeen is the former president of the New York City Correction Officers Benevolent Association. He is also the founder of the Eli-Global Reform Foundation, a coalition of like-minded partners that support jail and prison reform at every stage of the process.