This year, twelve individuals have tragically lost their lives in the city’s jails, surpassing last year’s death toll. Alarmingly, three of these deaths occurred within just two weeks. Despite a decade under court supervision, where five commissioners and two mayors have endeavored to curb violence on Rikers Island, the situation has only deteriorated.
Such dire circumstances prompted Manhattan Federal Judge Laura Taylor Swain to mandate a judicial takeover of the city’s jails in May. She also rejected the city’s request to revisit this decision, emphasizing, “Defendants are not entitled to ‘take a second bite at the apple’ by repackaging evidence that the court already considered… (violence) is still significantly higher than the already unconstitutional levels present in 2016 when defendants entered into the consent judgment.”
Swain was right to order a receivership and deny the city’s motion. But even though conditions on Rikers demand swift action, the judge should hold off on appointing a receiver and finalizing the receivership’s structure until Zohran Mamdani takes office, especially given how different his views on carceral issues are from Mayor Adams.
A receivership shifts authority from elected officials to judicially empowered oversight — a last resort when other measures are exhausted. That’s why it took a decade of suffering, including 42 deaths during Adams’ term, before Swain ordered the takeover.
While Judge Swain attempted to negotiate the receivership with city officials, these discussions have encountered structural hurdles. Notably, the judge’s order allows the city to maintain a mayoral-appointed commissioner and a court monitor, who will work under the oversight of the receiver, suggesting an intricate balance of power where the commissioner still operates the department under the receiver’s guidance.
The receiver, partially chosen by the current federal court monitor, Steve Martin, who has not managed to enhance conditions over the past decade despite a $26.1 million expenditure, will report on the receiver’s progress and assess compliance with court directives. For this convoluted arrangement to succeed, Judge Swain highlighted the necessity of “collaboration” a striking 26 times in her ruling.
Rikers is challenging enough to manage even when leadership roles are clear; ambiguous chains of command could lead to further chaos.
Michael Jacobson, a former jails commissioner during the Giuliani administration, described the structure as “unbelievingly confusing and unclear.” Martin Horn, a former correction chief from the Bloomberg era, concurred, stating, “I think the judge tried to split the baby.” This sentiment is shared by jail commissioners from three different mayoral administrations, who all question this perplexing leadership model.
Another vital matter is a receiver’s ability to abrogate union contracts if they interfere with running a constitutional jail. Correctional unions — who have a close relationship with Adams — have bargained for unlimited sick leave, something far too many abuse. When I was commissioner, there were times when a third of the department’s staff were out “sick” on long weekends. A receiver must be able to eliminate that overly generous benefit, as well as other giveaways that unnecessarily restrict the ability to reduce violence.
So why doesn’t Swain appoint a robust receiver with the authority to get the job done? To not run afoul of the law surrounding receiverships, the judge may feel she cannot go too far in stripping the city of authority. In similar jail litigation in Mississippi, a receivership was partly overturned when county lawyers appealed.
Adams’ lawyers have fought hard to water down Swain’s order, even suggesting that the current commissioner become the receiver. This could mean that the outgoing Adams administration’s commissioner could outlast the incoming mayor!
But that negotiating posture could change. When I was correction commissioner in 2021, I proposed that the city acquiesce to a strong receivership. That’s what happened in Chicago where county officials negotiated a lone receiver — no monitor or commissioner — who truly improved conditions for incarcerated youth. That idea found purchase among some of Mayor de Blasio’s advisors but came too late to be effectuated. With a new administration coming on board soon it is worth seeing if a more effective agreement can be struck.
A receiver is no panacea. One important element is cooperation with local government, particularly given that a receivership is meant to last only until conditions improve. As eager as many are to see Rikers fixed, it’s a wasted opportunity to finalize this important decision with current leadership which seems more bent on scoring legal victories than humanitarian ones.
Schiraldi is a visiting fellow with the Pinkerton Foundation and former commissioner of New York City’s Departments of Correction and Probation.
