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What to Know About Proposals to Fix the Chaos at Rikers Island

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What to Know About Proposals to Fix the Chaos at Rikers Island

A federal judge overseeing the Rikers Island jail complex in New York City is weighing two distinct proposals on how to fix the city’s troubled and violent lockups.

For nearly a decade, the judge, Laura Taylor Swain, has been monitoring the city’s jails to keep them in compliance with a court order to overhaul Rikers. But conditions at the complex — which now houses about 6,600 people — have continued to deteriorate.

Since 2022, at least 35 people have died either while being held at city jails or shortly after being released from custody, according to city data.

In November, Judge Swain found the city in contempt for failing to stem violence and excessive force at Rikers. She said she was leaning toward stripping control of the city’s jails from Mayor Eric Adams and handing it to an outside authority, known as a receiver. That remedy, the judge said, would “make the management of the use of force and safety aspects of the Rikers Island jails ultimately answerable directly to the court.”

The appointment of a federal receiver is considered a last resort. Judge Swain has refrained from imposing one for years, even as lawyers for Rikers detainees called for a takeover.

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Lawyers representing the inmates and the city each sent Judge Swain plans for how a receivership could work. The proposals, contained in a nearly 1,000-page document, are the culmination of a decade of motions, court hearings and rulings.

The proposals differ dramatically, and Judge Swain has not set a date for deciding whether to follow one of the plans — or one of her own.

Here are the issues in play in a potential takeover of New York City’s jail network.

The city has struggled to control jail violence for decades. The Department of Correction is also the target of lawsuits about the denial of medical care to detainees and the decrepit conditions of the buildings at Rikers Island, which is in the East River near LaGuardia Airport.

The City Council voted to close Rikers and replace it with smaller jails in four of the city’s five boroughs by 2027. But officials have said the city is unlikely to meet that deadline.

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A federal monitor, appointed as a result of the case, has been giving Judge Swain regular updates over the past decade on conditions inside the complex. And nearly every one has sounded the alarm about safety conditions.

In a recent filing to the court, the monitor, Steve J. Martin, wrote that the problems facing the Correction Department were “so deeply entrenched that there is no singular solution that will fix these issues.”

The Legal Aid Society and a private law firm that represents incarcerated people have argued that the court should install a receiver. They have been joined by the federal prosecutor’s office for the Southern District of New York.

They say that the receiver, who would answer only to the court, should have broad power to make changes, including some ability to address union contracts.

Rikers has struggled to overcome a staffing problem for decades, but the issue has not been caused by a shortage of officers. There is roughly one uniformed officer for each detainee housed at Rikers, according to city data, making it among the best-staffed jails in the country.

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A New York Times investigation in 2021 found that guards were often stationed in inefficient ways that failed to protect inmates, and that the system’s unlimited-sick-day policy meant that posts went unguarded and detainees gained control of entire housing areas.

The percentage of officers out sick on any given day dropped to about six in November from a peak of 32 at the start of the pandemic in early 2020.

The plaintiffs’ proposal would let the receiver not only renegotiate union contracts but hire, fire and deploy employees as needed within the bounds of local law. The receiver could also be able to “review, investigate and take disciplinary or other corrective or remedial actions with respect to violations of D.O.C. policies, procedures and protocols” related to the court order, they wrote.

The receiver, who would work alongside the monitor and the Correction Department’s commissioner, would be employed at the pleasure of the court. The receivership would last as long as needed for the city to comply with the terms of the settlement.

“The specific powers afforded to the receiver under our proposal are both justified by this court’s specific findings, and well within the scope of powers that other federal courts have granted to receivers in corrections cases,” the plaintiffs wrote.

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City officials proposed a markedly different plan.

The current commissioner of the Correction Department, Lynelle Maginley-Liddie, should serve in a twofold role, the city said:

  • She should answer to the court on the use of force and safety measures.

  • On everything else related to the administration of the jails, she would answer to the mayor.

The mayor would not be able to remove the commissioner, who would be serving in the new role of “compliance director.”

The city hopes to capitalize on the good will Ms. Maginley-Liddie has garnered since her appointment in 2023. Judge Swain said that the monitoring team had “observed an immediate change in the department’s approach and dynamic” after she took the helm.

The city also argued that its proposal would accomplish the consent decree’s objective while following the “principles of federalism, that the Court’s intrusions into state and local law and governance be kept to the absolute minimum necessary to remedy constitutional violations.”

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To ensure that Ms. Maginley-Liddie would remain shielded from political influence — a point of concern voiced by Judge Swain — the commissioner would have her job guaranteed for five years.

In a key difference from the plaintiffs’ plan, the city’s proposal does not include giving the compliance director broad authority over union contracts, although the director could ask the court to alter them. Such a power cannot “be justified as necessary to correct constitutional violations,” the city said. “Contracts with one municipal union can have a far-reaching impact on the city’s relationships and contract negotiations with other municipal unions.”

Mr. Adams gained favor with the powerful correction officers’ unions early in his tenure: Before taking office, he stood flanked by union representatives and announced that he would reinstate solitary confinement, a policy the union had pushed. And as soon as he took office, he replaced the correction commissioner, as well as the deputy commissioner of the Investigation and Trials Division, with whom the union had sparred.

The city argued that having the commissioner also serve as compliance director would make change happen more quickly. And because Ms. Maginley-Liddie is already a city employee, she would receive only her commissioner salary and benefits.

Ms. Maginley-Liddie is “acutely familiar with the legal and practical workings of city government, and accordingly, is best positioned to more immediately identify and correct any impediments,” the city wrote.

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In New York, a group that includes former Department of Correction workers have filed a letter to Judge Swain warning that the city’s proposal would not result in meaningful changes. Any receiver must exist outside the city’s power structure, said the group, led by Elizabeth Glazer, who ran the mayor’s office of criminal justice under Mayor Bill de Blasio.

“The mayor would continue to be able to assert immense political pressure over the proposed commissioner / compliance director, ensuring that such individual lacked any meaningful independence,” they wrote.

Federal takeovers of jails are rare. There have been only nine in the nation since the late 1970s, according to the federal monitor.

Governments fight to retain control, said Hernandez D. Stroud, a senior fellow at the Brennan Center for Justice at the New York University School of Law.

“Receivership litigation strikes at the heart of democratic governance,” Mr. Stroud said.

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The structure of receiverships, from who the appointee is to how much control that person has, has varied vastly. In some cases, the person comes from outside the system; other times a government official is chosen.

In two cases, the receiver had complete authority, essentially replacing the local government officials, according to the monitor. In the other instances, some local government control remained.

However, receiverships have not always led to fast or permanent changes.

California’s prisons have been under a receivership focused on medical care since 2006.

People in the Washington, D.C., jail system filed a class-action lawsuit in 2024 accusing it of unconstitutional treatment because of a failure to provide medical care, according to the monitor, 24 years after the receivership ended.

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And Alabama’s prison system, whose groundbreaking receivership concluded in 1983, was found to have violated the constitutional rights of detainees in its men’s prisons in 2020 following a U.S. Justice Department investigation.

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Man Dies in Subway Attack; Mamdani Orders Inquiry Into Suspect’s Release From Bellevue

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Man Dies in Subway Attack; Mamdani Orders Inquiry Into Suspect’s Release From Bellevue

A 76-year-old man died on Friday after being shoved down the stairs at the 18th Street subway station in Manhattan, and the police arrested a suspect who had been arrested multiple times in recent months and had been discharged from Bellevue Hospital’s psychiatric ward just hours before.

The victim, Ross Falzone, landed on his head at the bottom of the stairs and suffered a traumatic brain injury, a fractured spine and a fractured rib after a stranger rushed forward and pushed him, the police said.

Mr. Falzone had been walking north on Seventh Avenue toward the subway station in the Chelsea neighborhood on Thursday evening, said Brad Weekes, assistant commissioner of public information for the Police Department. Walking about 30 yards behind him was the stranger, according to surveillance footage from the scene, Mr. Weekes said. As Mr. Falzone reached the station, the man rushed forward and pushed him down the stairs. He was taken to Bellevue where he died shortly before 3 a.m. on Friday.

The death sparked outrage at City Hall. Mayor Zohran Mamdani quickly called for an investigation into how Bellevue handled the discharge of the suspect and suggested that institutional problems at the hospital might have led to the random attack.

“I am horrified by the killing of Ross Falzone and the circumstances that led to it,” Mr. Mamdani said in a news release on Friday, in which he ordered “an immediate investigation on what steps should have been taken to prevent this tragedy.”

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Police identified the suspect as Rhamell Burke, 32.

In the three months preceding the attack, Mr. Burke was arrested four times, Mr. Weekes said, including an arrest on Feb. 2 in connection with an assault on a Port Authority police officer.

Mr. Burke’s most recent interaction with the police began at around 3:30 p.m. Thursday, when he approached a group of N.Y.P.D. officers outside the 17th Precinct station house on East 51st Street, Mr. Weekes said. He grabbed a stick from a pile of garbage on the street and approached the officers, who told him to drop the stick. When he did, officers placed Mr. Burke in a police vehicle and drove him to Bellevue, where he was admitted to the emergency room at around 3:40 p.m., Mr. Weekes said. Mr. Burke was taken to the hospital’s Comprehensive Psychiatric Emergency Program for evaluation and treatment, Mr. Weekes said, and was released from the hospital one hour later.

He was just a mile and a half from the hospital when he encountered Mr. Falzone at around 9:30 p.m. Thursday.

On Friday afternoon, police officers found Mr. Burke in Penn Station, where they arrested him. He was in custody on Friday evening. It was unclear Friday if Mr. Burke had a lawyer.

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The mayor said he had requested help from the New York State Department of Health, which will investigate the decision to release Mr. Burke from Bellevue and conduct a review of similar cases at the hospital. The state agency also will investigate psychiatric evaluation and discharge procedures across NYC Health and Hospitals, the city’s public hospital system, according to the news release.

Mr. Falzone was a retired high school teacher who lived alone for many years in an apartment building on the Upper West Side. His friends were in shock on Friday about his death. They shared memories of an affable but private man who rarely spoke about his family or personal life.

Mr. Falzone had been recovering from a recent surgery and seemed more mobile and happy, said Marc Stager, 78, Mr. Falzone’s next-door neighbor on a tree-lined block of West 85th Street. He was known as a cheerful “yapper,” said Briel Waxman, a neighbor. He was the kind of New Yorker who enjoyed chatting with neighbors about historical details of his building and seeing performances at Lincoln Center with friends.

“He was always out and about,” said Ms. Waxman, 35, who often returned to her apartment at midnight or 1 a.m. to find Mr. Falzone arriving home at the same time. “I was like, ‘I don’t know if I’m proud of you or embarrassed of myself,’” she remembered telling him.

Mr. Falzone had wide taste in music — opera, classical, jazz, pop — and neighbors could tell he was home when they heard notes escaping from under his apartment door, Mr. Stager said.

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He was “a helpless old guy,” said Mr. Stager, who added that he was “disappointed and shocked, frankly, that somebody could do such a thing” as shove such a defenseless person down the stairs.

When Ms. Waxman moved into the building five years ago, Mr. Falzone was among the first people to welcome her, she said. He once brought a package to her door that had been delivered to the wrong unit and shared that what is now a blank wall in her apartment had once been a fireplace.

Ms. Waxman sat in her living room on Friday and cried as she talked, dabbing her eyes with a tissue. She remembered Mr. Falzone as “just overall, nice, talkative, genuine human.”

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Compare the Purported Epstein Suicide Note to His Writings

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Compare the Purported Epstein Suicide Note to His Writings

A suicide note purported to be written by the sexual predator Jeffrey Epstein while he was in jail in 2019 uses language that in some cases echoes his past writings to friends and family.

One phrase found in the apparent suicide note — “No Fun” — also appears on a handwritten page found in Mr. Epstein’s jail cell at the time of his death, as well as in emails he sent over the years.

And another saying in the suicide note — “watcha want me to do — bust out cryin!!” — appears in emails that Mr. Epstein had written to people close to him.

A cellmate claimed that Mr. Epstein left the suicide note before he was found unresponsive in their cell weeks before his death. The New York Times reported on the note last week and successfully asked a federal judge to unseal it.

If authentic, the note gives a view into Mr. Epstein’s mind-set before he was found dead at age 66 in August 2019. The New York City medical examiner ruled his death a suicide.

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A different handwritten note was found in Mr. Epstein’s cell when he died, and investigators believed it was written by him. In that document, Mr. Epstein complained about jail conditions — burned food, giant bugs and being kept in a locked shower. He concluded it with the underlined phrase, “NO FUN!!”

Mr. Epstein also used the phrase in emails when describing things he was unhappy about, or situations that had not gone his way.

Mr. Epstein used the phrase “watcha want me to do — bust out cryin” with friends, and in messages to his brother, Mark Epstein.

Like the note released by the judge, Mr. Epstein’s emails were often short, with staccato phrases and erratic punctuation. The emails were contained in millions of pages of documents the Justice Department released in response to a law passed last year requiring disclosure of records pertaining to Mr. Epstein.

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New York’s Budget Deal Is Still Hazy. Here Are 5 Key Questions.

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New York’s Budget Deal Is Still Hazy. Here Are 5 Key Questions.

It has become an article of faith in the New York State Capitol that when Gov. Kathy Hochul enters the Red Room on the building’s second floor to announce a budget agreement, the deal is actually far from sealed.

This year was no different.

Despite declaring that “today is the day” to announce an agreement on a $268 billion state budget, Ms. Hochul on Thursday acknowledged that several key initiatives — including a new tax surcharge on multimillion-dollar second homes in New York City — had been agreed on in principle, but that the details still needed work.

Even the top-line figure had not been finalized.

Lawmakers are fond of saying that the devil is in the details. But in the absence of the lengthy budget bills that include those details, which have yet to be printed and voted on, a host of unanswered questions remain.

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Here are five of them:

New York’s opaque budget process, which starts in January with the State of the State address and is supposed to be completed by April 1, has become far more than a negotiation over a fiscal document.

Governors have tended to use the budget to wedge in legislative priorities, wielding their leverage over billions of dollars to get their way.

Ms. Hochul has embraced this practice. And, in a re-election year, she wanted to convey to voters that she intended to stand up to President Trump’s immigration crackdown, help out New York City and lower costs for everyday New Yorkers.

She made that case on Thursday at a news conference flanked by several of her top aides. Notably missing were the leaders of the State Assembly and Senate.

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Not this week. The Assembly speaker, Carl E. Heastie, said on Thursday that it was “very premature” of the governor to say a deal had been reached. He would not even say that the Legislature had agreed to the $268 billion figure.

He complained about Ms. Hochul’s penchant for jamming nonfiscal policies into the budget and said he would not discuss such matters with his members until he had a better sense of the total amount the state would be spending.

As he spoke, members of the Senate and Assembly, who are currently not being paid, were wrapping up their legislative business for the week in a rush to return to their districts. They will be back in Albany on Monday; it is unclear what bill language, if any, will have been printed and distributed by then.

Mr. Mamdani, the mayor of New York City, campaigned on wresting more than $10 billion in tax increases from the state to pay for his ambitious agenda. That will not happen this year.

Ms. Hochul did accede to a new tax on second homes that targets the city’s richest property owners whose primary residences are outside New York City. The goal is to raise $500 million each year, which will go toward closing the city’s estimated $5.4 billion budget deficit.

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But she spurned the mayor’s request to make changes to a tax credit called the Pass Through Entity Tax that is used by some business owners. Mr. Mamdani had said that the measure, which was also backed by the City Council speaker, Julie Menin, could raise up to $1 billion a year in tax revenue.

Aside from tax increases, Mr. Mamdani’s overarching priority has been expanding child care in the city. Ms. Hochul’s budget does just that, with $4.5 billion allotted for child care and prekindergarten programs across the state.

It’s not the whole loaf, or even half. But Mr. Mamdani can point to that funding and say that he is advancing toward his goal of providing free child care for every New York City child under 5. And while the governor rejected his efforts to fund a program to make buses free, she directed more than $1 billion in additional aid to the city that, combined with revenue from the second-home tax and other proposed measures like delays in pension payments, could help Mr. Mamdani work to close its budget gap.

State lawmakers — and just about everyone else — are scratching their heads about the details of this tax surcharge, which Ms. Hochul proposed with great fanfare last month. The New York Times previously reported that one proposal being discussed would apply one tax rate to pieds-à-terre with values between $5 million and $15 million; a higher rate for ones valued between $15 million and $25 million; and an even higher rate for properties valued at $25 million or more, according to three people familiar with the matter.

How much the property owners would pay is still up in the air. Ms. Hochul said on Thursday that more details would be coming in the near future and that the tax would apply to units worth $5 million or more.

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Also being sorted out is how, exactly, the value of each co-op or apartment would be determined.

“It’s going to take some time to get to the right number to assess that,” the governor said, noting the city’s complex system for calculating a property’s assessed value.

“We’re looking at the difference between what is currently assessed but what is market value,” she added. “We’re working it out with the city. We have had some really good conversations.”

Facing pressure from the state’s largest public unions, Ms. Hochul has been trying to determine how to restore certain pension benefits that had been cut for public employees hired after 2012.

Any changes could end up costing the state hundreds of millions of dollars, while also saddling local municipalities and school districts with increased spending burdens. Several of the labor groups have prioritized lowering the minimum retirement age to 55 from 63.

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Ms. Hochul said on Thursday that the particulars were still being negotiated, but stressed that the cost to the state and local governments would be less than the $1.5 billion that has been requested by the unions.

“We are willing to look at this and make changes, but a much more scaled-back monetary proposal,” she said.

“We will release these numbers as soon as it’s absolutely done,” she added.

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