Closing time
Among the miscalculated assumptions of the Rikers closure plan adopted by city leaders five years ago was that the jail population would continue its longtime downward trend; it now hovers above 6,000, about a third larger where it would have to be for the four borough-based jails to replace the island’s collapsing facilities.
Yet, as we were reminded this week by Budget Director Jacques Jiha, they could get the Rikers population down to 1,000, or 500, or even just 10, and still we wouldn’t be able to close Rikers by the 2027 deadline because those alternative jails won’t exist by then. The only jail that seems to have a clear completion estimate is Brooklyn’s, which has a finish date into 2029. Who knows about the others; they face obstacles from zoning to community opposition to surging labor and material costs.
We note specifically that the solution has to be rooted in the city because an arrangement where detainees are held elsewhere runs into issues running from practical to due-process concerns. Having NYC detainees transferred to state prisons elsewhere, even as close as Westchester, puts them farther away from attorneys, friends and family; if reaching the isolated Rikers itself is a hassle for legal representatives and loved ones, that will go double or triple for people in upstate counties.
If applied to the bulk of the detainees held on Rikers — that is, people who are awaiting trial and have not been convicted of a crime — then such a move would further blur the distinctions between pre- and post-conviction detention. While the two are often indistinguishable, only the latter is really supposed to be punitive.
It’s important to keep as clear a line as possible between these to uphold the fundamental principle that people are innocent until proven guilty of a crime, and they should be given the opportunity to prepare a defense and avoid punishment until that guilt is established.
The situation is what the situation is right now. Rikers will not close by 2027 in accordance with the law. You could argue that this is partly a result of a lack of political will or effort by the administration, but it is a fact and a practical matter — facilities must exist for would-be Rikers detainees to go, and no amount of sternly-worded letters or plans for an alternate, green usage of the island will change that.
If the City Council wants to guide the progression of the transition and put pressure on the Adams administration to comply, it should go back to the drawing board and amend the legislation to account for the delays wrought by the COVID pandemic and the climbing jail population.
Perhaps the Council can streamline the process for the sites to be zoned, understanding that community opposition will almost always come from building a jail in a certain neighborhood. It can also work collaboratively with the district attorneys, City Hall and state counterparts to enact measures that could bring detention numbers back down, including a renewed focus on alternatives to detention.
The reasons for closing the facility remain strong; even if a federal receiver manages to turn the management deficiencies and culture around, the structures themselves are a danger. Even if not 2027, let it be soon.