Albany, NY - Two incidents in New York State Department of Corrections and Community Supervision (DOCCS) facilities have captured the attention of the public in recent weeks. The killing of Robert Brooks by Correction Officers at Marcy Correctional Facility in Oneida County earlier this month and the disturbing facts presented in the Aliaga v. State of New York case holding the State responsible for abuse conducted during a raid by Correction Officers at Midstate Correctional Facility in 2016. These two incidents put the unaccountable nature of the New York State corrections system on display.
Body camera footage of the Marcy incident leaves no room for excuses. The imagery is reflective of so many other instances of law enforcement officials in our country denying basic dignity to those under their authority. Residents of our local community in the South End of Albany and communities of color nationwide are exhausted by images of black bodies used in sadistic ways by law enforcement being broadcast on social media and television. While the firing of the 14 involved staff is welcomed, these abuses will not stop without systemic change.
There were earlier warnings about abuse in Marcy Correctional Facility. A 2022 Correctional Association of New York (CANY) monitoring report on the environment at Marcy should have put DOCCS on alert that a serious incident like this was on the horizon. The report highlights concerning data, for example that 80% of incarcerated respondents in general population have witnessed or experienced verbal, physical, or sexual abuse by staff; CANY monitors citing incarcerated persons stating that they were threatened with violence for participating in the monitoring study; delayed and inadequate medical and mental health care; a lack of compliance with protections for the use of solitary confinement, including lengthy placements over the statutory maximum and the placement of mentally ill persons in SHU without mandated out-of-cell time; and finally, racialized abuse cited by 67% of incarcerated respondents in general population. In this context, the death of Robert Brooks was foreseeable, and more deaths will occur without change.
Statements about the Marcy incident from the New York State Correctional Officers and Police Benevolent Association (NYSCOPBA), and other actors, seek to push the narrative that issues of abuse in correctional facilities are personal and individualized, rather than systemic:
“What we witnessed is incomprehensible to say the least and is certainly not reflective of the great work that the vast majority of our membership conducts every day . . .” – NYSCOPBA
“The vast majority of correction officers do extraordinary work under difficult circumstances, and we are all grateful for their service. But we have no tolerance for individuals who cross the line, break the law and engage in unnecessary violence or targeted abuse.” – Governor Kathy Hochul
“Corrections officers are frustrated and exhausted. . . . We regret that the recent action of a few has unfairly tarnished the reputation of the many good officers.” – New York State Sheriffs’ Association
We implore our officials to not treat this as a one-off incident conducted by a few bad apples. While it is true that not all officers engage in abusive conduct, breaking the pattern of abuse must involve changing systemic relationships between corrections officers and incarcerated individuals and the environment of impunity within DOCCS facilities.
Prisons breed violence. They change both those incarcerated and those staffing them for the worse. As we react to the devastating death of Robert Brooks, it is important to remember the dozens of other incarcerated individuals who have been killed in DOCCS facilities. To prevent more cases like this, New York State and DOCCS would be well advised to implement the following, among many other policy changes that criminal justice reform advocates have been pushing for years:
The prioritization of correctional facility closures. New York State has such a high per capita incarceration rate that it outranks some of the most authoritarian counties in the world, such as the Russian Federation and China. A reworking of our penal code to provide community based alternatives for low-level offenders would provide DOCCS the flexibility to prioritize closures and allow the State to afford appropriate oversight for remaining facilities.
Mandatory body-worn cameras for all correction officers and stationary cameras that cover any locations where correction officers may be left alone with an incarcerated person. Incarcerated individuals at Marcy cite multiple instances of beatings taking place outside of camera view, including in showers, vans, and between gates.
Address the outsized power of correction and police officer unions who too often thwart the removal of officers implicated in abuse. An investigation from the Marshall Project and New York Times found that New York State DOCCS only succeeded in terminating corrections officers they accused of abuse in 10% of cases. In a sample of 160 successful lawsuits, where incarcerated persons were awarded damages, the investigators found that in 80% of cases there was no attempt to discipline accused officers afterwards.
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