In a notable shift from previous administrations, Correction Commissioner Stanley Richards has begun utilizing a rarely employed power to release individuals serving short sentences from city jails. This move signals a potential change in the city’s approach to incarceration and jail population management.
The power in question, outlined in Article 6-A of the State Correction Law, allows the commissioner to permit individuals serving sentences of less than a year to complete their time at home. This tool has been championed by criminal justice advocates for its potential to reduce jail populations and improve public safety.
Increasing use of early release powers
Since taking office, Commissioner Richards has released 14 detainees under this program and is on track to release about 60 people by the end of the year. This represents a significant increase from his predecessor, Lynelle Maginley-Liddie, who released between 40 and 50 people annually.
Tina Luongo, chief attorney of the criminal defense practice at The Legal Aid Society, praised the move, stating, “We commend Commissioner Stanley Richards and the Mamdani administration for using 6-A to bring people home. It’s exactly the kind of tool we should be using. Keeping people in jail doesn’t make us safer—it just causes harm.”
The impact on Rikers Island population
Currently, there are 581 people on Rikers Island serving so-called “city sentences” of up to a year who could potentially be eligible for early release. However, not all of these individuals would necessarily be considered appropriate candidates. In the past, jail commissioners have internally barred people convicted of sex crimes or violent assaults from early release.
Those released under the program are closely monitored by a department case manager and must check in weekly. They are also connected with a community nonprofit organization for help with job placement and housing. Despite these support systems, some individuals offered early release this year declined, choosing instead to finish their sentences in jail.
Challenges and considerations
The process of early release has long been opaque, with jail officials never publicly posting the names of those let out early. However, at the end of last year, city lawmakers passed legislation requiring the Correction Department to detail how many people are considered eligible and how many were accepted or denied. The first report is due July 1.
The debate over the use of 6-A powers comes as the Rikers Island population remains far above the level envisioned under the city’s plan to close the jail complex. The jail population has steadily increased since the pandemic, currently standing at 6,573 people, down from roughly 7,000 in.
The future of Rikers Island
Even with the recent decline in population, officials and advocates emphasize the importance of reducing the jail population to meet the city’s long-delayed plan to shutter Rikers. The borough-based jail initiative calls for the construction of four smaller detention facilities near courthouses in Brooklyn, The Bronx, Manhattan, and Queens, with a total of 4,160 jail beds and 363 hospital beds.
Due to a series of delays, the new jails are not expected to be completed until 2033, according to the most recent timeline based on city contracts. Zachary Katznelson, executive director of the Independent Rikers Commission, urged Richards to continue using his 6-A powers to reduce the population, stating, “It’s one of the few tools that he controls. This is a very smart public safety policy.”
As the city continues to grapple with the challenges of reducing jail populations and improving public safety, the increased use of early release powers by Commissioner Richards offers a glimpse into a potential path forward.
