PUBLIC TESTIMONY
Testimony by Barbara Hamilton, Director of Incarcerated Client Services at Legal Aid Society
3:51:52
·
3 min
Barbara Hamilton from Legal Aid Society testified on the urgent need for action to address sexual abuse in NYC jails, particularly criticizing the Department of Correction's ineffective policies and investigations. She emphasized the need for compliance with PREA, better hiring processes, and protection against retaliation for those reporting abuse.
- Supported Intro 830-2024 with suggestions for improvements, including proficiency audits and clearer standards for investigations
- Called for independent PREA audits and meaningful accountability for staff involved in abuse or retaliation
- Highlighted the extremely low rate of substantiation for abuse allegations (one-half of a person out of 1500 cases)
Barbara Hamilton
3:51:52
Good afternoon, chair nurse and members of the committee.
3:51:55
My name is Barbara Hamilton.
3:51:57
I am the director of incarcerated client services at the legal aid society, and I thank you for the opportunity to testify here today.
3:52:05
As you know, legal aid is urging the city council to act on this.
3:52:08
And what I would say is it's time for a reckoning on this issue.
3:52:13
Legal aid has represented and interviewed many people who are sexually abused harassed and assaulted in DOC custody.
3:52:23
And what we found during our very long investigation is that there is a deep seated culture where correctional staff exploit their authority with impunity.
3:52:35
And despite repeated warnings to the city and the Department of Correction, there has been no attempt to meaningfully remedy this situation as we saw here today.
3:52:50
The practice is enacted by DOC, failed to demonstrate any intent to actually and electively change the status quo.
3:52:59
There is a failure to conduct meaningful and robust and timely investigations.
3:53:05
A big issue is people being subject to retaliation for reporting, and allegations of sexual abuse against staff as discussed today are rarely substantiated.
3:53:15
It was one half of a person sent out of 1500 cases.
3:53:21
DOC first and foremost must comply with Priya, and legally will recommend independent audits inside Priya to make sure that the department is conforming.
3:53:32
DOC must enact hiring processes that screen perspective correction officers.
3:53:38
DOC must implement policies to protect people and custody who report sexual abuse from retaliation and to really meaningfully connect them with services.
3:53:50
The city and DOC must conduct meaningful and timely investigations into allegations of sexual abuse.
3:53:58
And we agree 3, that DOC must adequately train its correction officers, supervisors, medical staff, and investigators to detect, report, and thoroughly investigate sexual abuse.
3:54:11
To that end, legal aid supports Intrude 30, 2024.
3:54:16
We do have suggestions to make the bill more robust.
3:54:20
For example, we suggest having proficiency audits, enforcement and monitoring.
3:54:26
The standard of proof of investigators should be clear, and they should use the A standard.
3:54:31
Definition for sexual violence rather than the penal code.
3:54:35
Definition.
3:54:37
Individuals who report should be deep credible until proven otherwise.
3:54:42
Investigators should meaningfully look at previous reports even if they were unsubstantiated against staff, and the chronically extremely low rate of substantiation of abuse is unacceptable.
3:54:56
Lastly, DOC must hold staff accountable as well as the city for abuse, retaliation, and sexual exploitation, and assault, and a meaningful and timely honor through the informal through the internal disciplinary processes, as well as referrals for criminal prosecution.
3:55:16
Thank you for your time.
