Families of individuals who die in custody at Rikers Island may soon receive timely notifications about their loved ones’ final hours. The New York City Council is expected to pass a bill on October 30, 2023, aimed at establishing stricter protocols for the city’s Department of Correction. The legislation seeks to ensure that family members and relevant parties, such as defense attorneys, are promptly informed when a detainee dies.
Repeated calls from families and criminal justice advocates have highlighted the need for more immediate information regarding detainee deaths. Councilmember Carlina Rivera of Manhattan, who authored the bill, emphasized the importance of clearly defining the protocols that should be followed after a death occurs or when a detainee’s medical condition deteriorates significantly.
In recent interviews, relatives of detainees who died at Rikers, or shortly after release, expressed frustration over delays in notifications. Many reported turning to outside attorneys or advocates for assistance in obtaining information about their family members’ conditions prior to death. During a September hearing on the bill, Francis Torres, First Deputy Commissioner of the Department of Correction, acknowledged the department’s ongoing efforts to promote transparency but raised concerns regarding practical challenges and due process in notifying families.
The proposed legislation mandates that the Department of Correction notify the Office of the Chief Medical Examiner, the deceased’s defense attorney, and the city’s Board of Correction promptly after a death occurs. It also sets forth guidelines for the agency to investigate such incidents, provide related records to the jail board, respond to its recommendations, and issue regular updates on any potential staff misconduct associated with a detainee’s death. Additionally, the bill would create a “jail death review board” to examine systemic issues that may have contributed to deaths in custody.
With 30 cosponsors, the bill is likely to pass during the scheduled vote. A spokesperson for the Council indicated that the measure would be included on the voting agenda for that day.
In response to questions about the bill, Department of Correction spokesperson Patrick Gallahue stated that the department communicates details of such incidents to the media and relevant city and state partners, ensuring that next of kin are informed before public disclosures.
The office of Mayor Eric Adams has not indicated whether he plans to sign the bill if it passes. Observers familiar with the operations at Rikers suggest that notifying next of kin can be complicated due to detainees sometimes providing incorrect contact information. Former assistant deputy warden Marc Bullaro, who spent nearly 30 years at Rikers, noted that this often necessitates additional effort to locate the correct details.
As of last month, official data indicated that over 7,600 individuals were incarcerated in city jails, with the majority awaiting trial. Since January 2022, Rikers’ population has surged, a trend exacerbated by delays in the construction of planned replacement jails in four boroughs. This situation raises questions about the feasibility of closing Rikers by the mandated deadline of 2027 under city law.
Rivera stated that her bill was developed with input from jail officials, aiming to find a “middle ground” that balances the need for timely information with operational realities. She expressed concern that delays in communication leave families feeling disrespected during an already painful time. “Not getting the information in a timely manner just really feels undignified,” Rivera remarked. “These families are deserving of transparency.”
