WORKING GROUP RELEASES REPORT URGING JUDGES TO TAKE SWIFT ACTION TO REDUCE PRETRIAL INCARCERATION
READ THE REPORT HERE
On the heels of the release of the Independent Rikers Commission’s Blueprint to Close Rikers report last month, a working group of organizations convened by the Campaign to Close Rikers around judicial accountability has issued a follow-up report expanding on the Commission’s work. While the Independent Rikers Commission notes important recent efforts by OCA to improve case processing times, its recommendations otherwise primarily focus on steps the mayoral administration must take to get the plan to close Rikers back on track. This follow-up report aims to more thoroughly explore the role judges specifically must play in order to close Rikers. The report summarizes research findings and makes policy recommendations to various stakeholders with influence over the judiciary, including City Council, the Mayor’s Office of Criminal Justice, and the New York State Office of Court Administration (OCA).
Freedom Agenda Co-Director Darren Mack said, “There’s no question that Eric Adams is responsible for closing Rikers, and that his failure to advance the plan is the main reason why we are in the position we’re in today. But the size of the jail population primarily depends on hundreds of daily decisions made by judges in our courts, and too many judges are still making decisions that lead to torture and death for our neighbors. This needs to change. Everyone needs to do their part to help us close Rikers, including NYC judges. And instead of trying to pressure judges to deprive more people of true due process by locking them up at Rikers before a conviction, Eric Adams should be working with them to divert more New Yorkers into alternative community programs.”
Peter Martin, Director of Judicial Accountability at the Center for Community Alternatives, said, "This report powerfully demonstrates that judges' daily decisions in courtrooms directly determine whether the New York City jail population increases or decreases. By highlighting research showing that pretrial detention neither improves public safety nor reduces recidivism, the report makes a compelling case that judges and court administrators are indispensable to closing the Rikers Island jail complex. The detailed recommendations provide a clear roadmap to judges and court administrators who want to make evidence-based decisions that could significantly reduce pretrial detention—and the report in its entirety makes the case for why more of them should want to do so."
Michael Rempel, Executive Director of John Jay College’s Data Collaborative for Justice, said, “At the end of the day, it’s judges, not mayors, who make the potentially life-changing decisions of whether to set unaffordable bail and detain people awaiting trial. This report documents areas where New York City judges’ decisions do not appear to be data-driven, an obvious example being a tendency to set bail based heavily on the charge, despite the lack of an empirical connection between the severity of the charge and the likelihood of people returning to court—and despite the existence of a validated Release Assessment that could yield more defensible outcomes. We could have fruitlessly opined about everything we think judges could do differently. Instead, what is especially significant about this report is directing concrete recommendations to senior leaders—state court administrators, mayoral officials, and local legislators—who are well-positioned to guide judges from here to there with better information, tools, resources, and direction.”
“The NYC Department of Correction faces intense scrutiny over its violent culture, with six deaths reported within the first four months of 2025”, as noted by Chaplain Dr. Victoria A. Phillips, co-founder of the Jails Action Coalition and organizer of the BEYONDrosies campaign. “Incarceration often leaves individuals vulnerable, dependent on both medical and uniformed staff. Alarmingly, 68% of detainees with mental health concerns do not receive the necessary treatment. At the Rose M. Singer Center on Rikers Island, over 75% of incarcerated women are primary caregivers, and 80% have mental health concerns. Additionally, one in four women enters the facility as a survivor of sexual assault. These statistics alone suggest the need for alternatives to incarceration, yet together, they demand urgent action. Despite this, pressure from the current administration has led judges and prosecutors to increasingly favor incarceration over other options. Mayor Adams, along with the Department of Correction and the NYPD, have argued that mass incarceration ensures safety, but evidence suggests otherwise. It is crucial to prioritize community resources and explore alternatives to incarceration, while resisting the expansion of beds within the borough-based jails. Judges have the power to initiate change, while saving and uplifting lives, by re-evaluating their sentencing practices.”
Alana Sivin, Director of the Greater Justice New York initiative at the Vera Institute of Justice, said, "Judges play a crucial role in the effort to close Rikers. Every day, they make decisions about who waits for trial at home and who stays behind bars. This report brings together research and evidence showing that over-reliance on pretrial detention can actually undermine public safety. It offers concrete, evidence-based steps judges can take—like reducing the use of bail, setting affordable bail, and reducing case processing time—that will help safely reduce the pretrial population. By putting these recommendations into action, judges can help make closing Rikers a reality and build a fairer, safer city for all New Yorkers."
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