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Uncorrected Transcript of Hearing 1 1 2 3 4 DEPARTMENT OF CORRECTION 5 PUBLIC HEARING 6 December 19 2014 9:00 a.m. 7 455 1st Avenue 8 New York, New York 9 10 TRANSCRIPT OF PROCEEDINGS 11 BEFORE: 12 GORDON CAMPBELL, Chairperson 13 JENNIFER JONES-AUSTIN 14 DERRICK CEPHAS 15 ROBERT COHEN, M.D. 16 HON. BRYANNE HAMILL 17 MICHAEL REGAN 18 STEVEN SAFYER, M.D. 19 Reported By: 20 Linda Danelczyk, CSR 21 -and- Kathleen T. Keilty, CSR 22 STENO-KATH REPORTING SERVICES, LTD. 23 139 MAMARONECK AVENUE MAMARONECK, NEW YORK 10543 24 212.95.DEPOS (953.3767) * 914.381.2061 FACSIMILE: 914.722.0816 25 Email: [email protected] 2 1 2 PRESENT: 3 The Public 4 The Press 5 6 SPEAKERS: 7 Joseph Ponte, Commissioner, Department of Correction 8 Council Member Daniel Dromm, 9 New York 25th District 10 James Dzurenda, First Deputy Commissioner, Department of Correction 11 Martin Murphy, Acting Chief of the Department, 12 Department of Correction 13 Scott Temple, Commissioner, Connecticut Department of Correction 14 Alexandra D. Korry, Esq., 15 Sullivan & Cromwell LLP and New York Advisory Committee to the 15 U.S. Commission on Human Rights 16 Wendy Berman, Executive Director of National Alliance on Mental Illness-NYC 17 Metro Chapter 18 Frances Geteles, Psy.D, Campaign for Alternatives to Isolated Confinement and 19 Physicians for Human Rights 20 Prof. Ellen Yaroshevsky, Cardozo Law School 21 Sydney Schwartzbaum, 22 Assistant Deputy Warden/Deputy Wardens Association 23 24 25 3 1 2 SPEAKERS: (Continued) 3 Daniel Selling, Psy.D., Former Executive Director for 4 Mental Health and Substance Abuse Treatment, NYC Jails 5 Elena Landriscina, Esq., 6 Staff Attorney, Disability Rights New York 7 Jennifer Parish, Esq., 8 Director of Criminal Justice Advocacy, Urban Justice Center 9 Mental Health Project and Jails Action Committee 10 John Boston, Esq., 11 Legal Aid Society Prisoners' Rights Project 12 Sarah Kerr, Esq., 13 Legal Aid Society Prisoners' Rights Project 14 Natalie M. Chin, Professor and Director of 15 Advocates for Adults with Intellectual & Developmental 16 Disabilities Clinic at Brooklyn Law School 17 Johnny Perez, Member Jails Action Coalition 18 Hans Menos, Director of Youth Services at the Center of Community Alternatives 19 Sister Marianne Defies, 20 St. Joseph. 21 Mary Buser, Former Acting Chief of Mental Health in the Central Punitive 22 Segregation Unit Rikers Island 23 Walter F. Higgins, On behalf of the St. Boniface 24 Pastoral Parish Council's Social Justice Committee 25 4 1 2 SPEAKERS: (Continued) 3 John Brickman, Former Executive Director, NYC 4 Board of Correction 5 Jack Beck, Esq., New York City Bar Association, the Corrections and Community Re-Entry 6 Committee and also the New York City Affairs Committee 7 Deborah R. Hertz, Esq. 8 Volunteer attorney Urban Justice Center, Jails Action Coalition 9 Evelyn Litwok, Former inmate 10 Scott Paltrowitz, 11 Associate Director Prison Visiting Project, The Correctional 12 Association of New York 13 Rev. Laura Markle Downton, National Religious Campaign Against 14 Torture 15 Gabrielle Horowitz-Prisco, Esq., M.A., Director Juvenile Justice Project 16 of the Correctional Association of New York 17 Dakem Roberts, Founder of The Negation, on behalf 18 of Eddie Litlock 19 J.M. Kirby, Youth Justice Project of the International Womens Human Rights 20 Law Clinic at CUNY School Law Office 21 Beth Powers, Senior Juvenile Justice Policy 22 Associate for the Childrens Defense Fund New York 23 Bandy Lee, M.D., Psychiatry Division, School of 24 Medicine, Yale University, former Staff Psychologist Rikers Island 25 5 1 2 SPEAKERS: (Continued) 3 Steve Zeidman, CUNY Law School 4 Stephen Rizi, Former detainee 5 Donna Hylton, Re-Entry - Coming Home Program 6 Leah Horowitz, Esq., Bronx Defenders 7 8 Ernest Drucker, Ph.D., Director of the Academy for Public 9 Health and Criminal Justice 10 Barry Campbell, Fortune Society 11 Elizabeth Mayers, Jails Action Coalition 12 Riley Doyle Evans, 13 Brooklyn Defender Services 14 Prof. Alex Reinert, Benjamin N. Cardozo School of Law 15 Gayle Weiner, Jails Action Coalition 16 Norman Seabrook, President, Correction Officers' 17 Benevolent Association 18 Julia Davis, Esq., Staff Attorney with Children's 19 Rights 20 Julia Paul, Jails Action Coalition, President of the Local Social Justice 21 Projection Project on behalf of Clarissa Carrington 22 Munir Pujara, On behalf of Henry Bell, Inmate, 23 OBCC Central Punitive Segregation Unit 24 Hadley Fitzgerald, 25 Jails Action Committee 6 1 2 SPEAKERS: (Continued) 3 Susan Goodwillie, Jails Action Coalition 4 Deirdre Shore, Jails Action Coalition 5 Amanda Becker, Jails Action Coalition 6 Myra Hutchinson, Family Member 7 Gabriel Kilpatrick, 8 Rikers Action Committee 9 Victoria Phillips, Jails Action Committee 10 Barry Coldwell 11 Elder Reginald Owens 12 Terry Hubbard, Jails Action Committee 13 Five Mualimmak, Director of the Incarcerated Nation 14 Corporation 15 Angel Guarino, Former Inmate and Founder for New Jersey Career Institute, New Jersey Power Careers 16 Susan Gottesfeld, 17 Executive Director, The Osborne Association 18 19 20 21 22 23 24 25 7 1 Proceedings 2 CHAIR CAMPBELL: The Board of 3 Correction welcomes you to the public hearing 4 today, where we hope to hear from all 5 interested parties and members of the public 6 who wish to present remarks. 7 My name is Gordon Cambell. I'm the 8 Chair of the New York City Board of 9 Correction and Id like my colleagues to 10 introduce themselves. 11 And, Jennifer, we will start with 12 you. 13 MS. JONES-AUSTIN: Jennifer 14 Jones-Austin. 15 MR. CEPHAS: I'm Derrick Cephas. 16 DR. COHEN: Bobby Cohen. 17 JUDGE HAMILL: Good morning, Bryanne 18 Hamill. 19 MR. REGAN: Michael Regan. 20 MR. SAFYER: Steve Safyer. 21 CHAIR CAMPBELL: A special thanks to 22 Commissioner Bassett for the Department of 23 Health and Mental Health and her staff for 24 making this auditorium available. And also, 25 to the Board of Correction staff who have 8 1 Proceedings 2 worked tirelessly to pull off this hearing 3 today. 4 Pursuant to the City Charter, the 5 Board of Correction establishes and ensures 6 compliance with minimum standards, regulating 7 conditions of confinement in correctional 8 health and mental health care in all City 9 correctional facilities. The regulation 10 proposed to the Board for its consideration, 11 would create a new, enhanced Supervision Unit 12 and reform the use of punitive segregation. 13 This proposal clearly comes at a time of 14 transition for New York City jails. The 15 Board has been has been working on the 16 punitive segregation issues for 17 two-and-a-half-years, and in that time, the 18 number of punitive segregation deaths in our 19 system has dropped from 1,000 to 578. 20 However, violence, both 21 inmate-on-inmate and officers-on-inmate use 22 of force has continued to climb. This is 23 happening in a time when our incarcerated 24 population is low, in fact, much lower than 25 20 years ago. It is a real problem and one 9 1 Proceedings 2 that we must work together to solve. 3 The board has received written 4 comments, which are available on our website. 5 We look forward to hearing testimony 6 today from City officials and interested 7 parties. Your input and expertise is hugely 8 important to the decisions we must make as a 9 Board and we thank you. 10 And as we stated at our last Board 11 meeting, the rule before us today is not the 12 rule that we will ultimately adopt on 13 January 13th, which makes your input 14 invaluable. 15 Today we have a large number of 16 people, in fact, over 60 who've indicated 17 that they wish to testify. As a result, we 18 are going to be limiting testimony to five 19 minutes each. We have a timekeeper, Jake 20 Park, in the front that will help keep us on 21 schedule, and then following each speaker, 22 Board members will have an opportunity to ask 23 questions. In terms of the order of 24 testimony, its the order in which the 25 individual signed up. 10 1 Proceedings 2 One thing that is really important, 3 we ask that you listen respectfully to all 4 speakers, hold your applause and your 5 commentary. This meeting is being videotaped 6 and the video transcript will be available 7 shortly on our website. 8 I note the restrooms are to your 9 right as you exit the back door. Pursuant to 10 the Department of Health and Mental Health 11 regulations, because this is a public 12 lavatory, no photos or videos can be taken, 13 except for a videographer and the press. 14 I will announce each speaker and 15 also, the speaker immediately following, and 16 that individual could actually sit right 17 there in the third row. And with that we 18 will turn it over to our first speaker, who 19 is Commissioner Joseph Ponte, Commissioner of 20 the Department of Correction to be 21 immediately followed by City Council Member, 22 Daniel Dromm. 23 Commissioner. 24 COMMISSIONER PONTE: Good morning. 25 Good morning, Board, Chairman. it is my 11 1 Proceedings 2 pleasure to be here this morning to kind of 3 restate what I stated at the prior Board 4 meeting as they talked about enhanced 5 supervision of our city jail system. 6 Is the speaker working? 7 MALE SPEAKER: Yes. 8 COMMISSIONER PONTE: I know I have 9 already had a chance to describe enhanced 10 supervised housing to you, but I wanted to 11 speak today because I have heard so many 12 misconceptions about this new unit that I 13 thought it would be helpful to provide 14 clarification.
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