STATEN ISLAND, N.Y. – The city has released from jail about 30 Staten Island inmates deemed at risk to the coronavirus (COVID-19), many against prosecutors’ recommendation, said Staten Island District Attorney Michael E. McMahon.
McMahon said his office, in discussions with the city, had agreed to the release of only seven individuals, meaning about 23 were set free from Rikers Island without his consent.
Most of those inmates were serving city jail sentences, others had been held for parole violations or in lieu of bail pretrial, he said in a phone interview on Thursday.
Inmates released against his wishes had been detained for various crimes, such as criminal weapon possession, driving while intoxicated, drug offenses and larceny, said McMahon.
One of the individuals released has been re-arrested twice – once for petit larceny and once for grand larceny, the D.A. said.
“I understand the concerns of the city, but unfortunately, many of the ‘close Rikers’ advocates see this crisis as an opportunity to advance their agenda of ending incarceration at Rikers without any reasonable alternative and without consideration for the general public’s safety,” McMahon said.
“We think there should be a much more measured approach,” said the D.A.
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Last week, the city’s six top prosecutors, including McMahon, asked the mayor and Correction Department to establish a consistent policy to set free at-risk inmates.
In a letter, prosecutors expressed concern about possibly releasing “across-the-board” hundreds of inmates serving city sentences.
Some of those individuals, they contended, “pose a high risk to public safety.”
Prosecutors were particularly concerned about those inmates serving time for domestic violence or sex offenses.
Putting them back on the street could potentially jeopardize victims, prosecutors said.
None of the Staten Island inmates released had been jailed for domestic-violence or sex offenses, although one had been behind bars for a family offense, said the D.A.
According to the Legal Aid Society’s calculations, 287 of the 4,317 inmates incarcerated in city jails as of Wednesday have tested positive for the coronavirus.
That figure equates to more than 66 infections per 1,000 inmates, which is nearly seven times the rate of 9.81 infections per 1,000 residents in the city, said Legal Aid.
“COVID-19 is spreading rapidly at Rikers Island and other local jails, endangering our clients, correction staff and all of New York City,” said Tina Luongo, attorney-in-charge of the Criminal Defense Practice at Legal Aid, in a statement.
“Based on this analysis, New York city jails have become the epicenter of COVID-19. It is imperative that Albany, City Hall, our local district attorneys and the NYPD take swift and bold action to mitigate the spread of this deadly virus.”
McMahon, however, said he worries that many of the inmates released won’t have access to health care or other needed social services. That could potentially create other problems, he said.
“Many have criminal histories and mental-health and addiction illness, and they’re being poured back into the community,” said the D.A.
A more sensible solution, McMahon maintains, would entail repurposing a number of buildings no longer in use at Rikers Island, including an infirmary.
Inmates could be monitored and treated in those units as opposed to sending them back to the borough where those at risk could potentially contract the disease and spread it, he said.