Federal judge agrees to hear arguments on Rikers takeover

Unpersuaded by the city’s efforts to improve conditions at Rikers Island, a federal judge has said she will hear arguments over a possible federal takeover of the jails.

“The defendants have not yet shown me that they are willing and able to make the rapid, radical changes in the administration of the jails that are necessary to protect the people,” U.S. District Court Judge Laura Taylor Swain said in a court conference on Thursday.

Swain said the Department of Correction has not signaled that it appreciates the “thorough and dynamic change that is necessary.”

Swain previously blocked moves for a federal takeover, but has had her confidence “shaken” in the city’s efforts at reform.

The monitoring team tasked with overseeing improvements at Rikers said correction officials' efforts so far constitute “little more than window dressing.” They have shown increased reluctance to share information, specifically regarding staffing numbers.

“This appears to be yet another attempt for the department to evade transparency with the monitoring team,” said Anna Friedberg, the deputy monitor overseeing Rikers.

Freidberg pointed to a recent Rikers tour correction officials gave to politicians in an effort to shape public perception “in a vacuum.” To combat this, she listed what also occurred that day: 29 uses of force, four stabbings, 12 detainee fights, seven fires, two allegations of staff and sexual assault. Freidberg also listed the contraband recovered, including: nine grams of cocaine, 2 grams of fentanyl, 21 grams of marijuana, 17 pills of Prozac, 18 pills of Ambien, 15 sharp objects and two iPhones.

In the court proceeding, Department of Correction Commissioner Louis Molina said his team has reduced assaults and violence in jails that were “left to flounder for years” before Mayor Eric Adams inherited them.

“We have been rebuilding this department and making unprecedented progress since the apex of this crisis,” he said.

Molina also said it’s unfair to compare jail violence now to 2016 because bail reform has increased the concentration of violent offenders. According to statistics he presented to the judge, 38% of current detainees are charged with murder or serious assault compared to 18% of detainees in 2016.

Following the preceding, Molina told reporters that the city “can make a very very strong case” against a federal takeover in the coming months.

The U.S. Attorney’s Office also supported the move for a federal takeover of Rikers. The office said Thursday that it “can’t wait any longer” for the city to improve conditions.

“The pervasive systemic dysfunction, ineffective practices, and procedures and culture of violence clearly continue to persist,” said Jeffrey Powell, assistant U.S. attorney of the Southern District of New York.

Swain ordered that arguments over a possible federal takeover of New York’s jails be set to begin in September and last well into 2024. She also ordered that the monitoring team be allowed to observe departmental meetings, which the city opposed for fear the monitor would have access to preliminary conversations and discussions.

This story has been updated with additional information and comment from the DOC.