Oversight on Mental Health Care in New York City Jails – September 23, 2026

The New York City Council Committee on Criminal Justice, chaired by Selvena N. Brooks-Powers, held a hearing on September 23, 2026, to examine mental health care in city jails, including specialized housing, medication access, discharge planning, and the impact of lock-ins. The committee also heard three introductions: Int 0133 (extending the TGNC/NBI task force), Int 0453 (mental health referrals for children visiting incarcerated individuals), and Int 0809 (policies for medical needs during lock-ins). All three introductions were laid over by the committee.

Public Comments & Testimony

• Legal Aid Society (Barbara Hamilton): Reported that clients with serious mental illness are often deadlocked (isolated) for extended periods without meaningful treatment, citing a client deadlocked for about a year (on and off) as of spring 2026, and another in a PACE unit denied recreation and basic hygiene supplies. Contradicted DOC’s sworn testimony that deadlocking is not occurring.
• New York County Defender Services (Raji Deyat Mangalum): Shared success stories of two clients diverted to community-based treatment via alternative-to-incarceration (ATI) courts, urging the council to support the Treatment Court Expansion Act to divert more people from jail.
• Task Force Advocates (Ethan Lowe, Lucas Marquez, Rachel Golden, Maya Zelkind, Camila Ruda): Expressed strong support for Int 0133 with amendments to strengthen task force independence, and urged passage of Int 0134 (gender-aligned housing protections). Testimony from a formerly incarcerated trans woman described repeated sexual assault and denial of gender-aligned housing.
• Freedom Agenda (Darren Mack): Called for immediate investments in community-based housing and mental health services, noting that 49.6% of people leaving Rikers with a mental health diagnosis return within a year. Supported Int 0134.
• Independent Rikers Commission (Zachary Katzen Nelson): Criticized DOC for failing to implement new deadlocking prevention measures beyond telling staff to stop, and noted that crisis intervention training has fallen apart.
• Osborne Association (Tereny Garamella): Opposed Int 0453 as written, arguing DOC should not assess children’s mental health; instead, community-based resources should be made available at visiting areas.
• Women’s Prison Association (Miriam Goodman): Opposed Int 0453, stating that trauma-responsive care cannot be provided by the correctional system; invested in community-based providers.
• CACES (Nadia Chite): Described a client released without a needed long-acting injectable, Medicaid set to inactive, and no prescription sent to a pharmacy – highlighting systemic failures in discharge planning.
• Justice for Families (Janet Bocanegra): Strongly opposed Int 0453, warning that assessments could lead to child welfare involvement; urged investment in community resources.
• Exalt Youth (Giselle Castro): Supported all three introductions but emphasized need for multi-year flexible contracts for frontline organizations.
• Other speakers (Urban Justice Center, Make the Road New York, Exodus Transitional Community, Children of Promise NYC, and individuals with lived experience): Generally supported Int 0133 and Int 0134, opposed Int 0453 as written, and called for expanded community-based mental health services, better discharge planning, and diversion from jail.

Discussion Items

• Oversight – Mental Health Care in City Jails: Chair Brooks-Powers opened with statistics: 60% of people in city jails have a documented mental health need, and approximately 1 in 5 has a serious mental illness (SMI). Dr. Otanakar (CHS) testified that 61% of patients receive mental health services and 22% have SMI. He described the continuum of care: general population (outpatient model), 17 Mental Observation (MO) units (629 patients), STEP, and 10 PACE units (including a 20-bed unit at Bellevue). CHS reported that about 10% of mental health appointments are missed due to non-production (no escort, alarm, lockdown). IBO presented analysis: of 19,000 discharges in FY26, 58% had a history of mental illness, 30% had both mental illness and homelessness, and 93% of TGNC/NBI individuals had mental illness history. Councilmembers questioned DOC and CHS on housing placements, medication access, the 83% increase in SMI since 2022, and the impact of lockdowns on care.
• Int 0133 – Extending the TGNC/NBI Task Force: Councilmember Cabán sponsored the bill to extend the task force. She noted that trans, non-binary, and intersex individuals face discrimination and violence in DOC custody. Advocates supported the bill but urged amendments to ensure independent administration, meaningful agency participation, and transparency. DOC expressed support for the task force but had not implemented key recommendations (e.g., automatic independent review of housing denials). DOC data showed 106 denials out of 231 applications for gender-aligned housing in FY26.
• Int 0453 – Mental Health Services for Children Visiting Incarcerated Individuals: Councilmember Stevens sponsored the bill, sharing a personal story of a young person who needed support after a parent’s incarceration. DOC stated it does not believe it is the best agency to deliver these services, and advocates strongly opposed the bill as written, warning of potential surveillance and child welfare involvement. The bill was laid over.
• Int 0809 – Medical Needs During Lock-Ins: Chair Brooks-Powers sponsored the bill. DOC testified that 0.1% of missed medical appointments in 2026 were due to lock-ins, but the department could not provide granular data on lock-in frequency or duration. CHS said it works to reschedule missed appointments. Chair expressed frustration that DOC came without data to inform the legislation.
• Deadlocking Allegations: DOC testified that deadlocking (isolating individuals in cells, often without access to care) is not occurring and that any past allegations were investigated. However, Legal Aid testified that in 2026 they have clients who have been deadlocked, citing ongoing court proceedings. This direct contradiction was noted.
• Discharge Planning and Compliance: CHS reported it is close to full staffing of social workers (only one vacancy), but IBO and advocates noted persistent gaps in ensuring released individuals have medication, Medicaid, and community appointments. The Brad H. settlement remains a concern.

Key Outcomes

• All three introductions (Int 0133, Int 0453, Int 0809) were laid over by the committee (no vote taken). The committee will consider further amendments and testimony.
• Chair Brooks-Powers publicly requested that all agencies submit testimony at least 24 hours in advance of future hearings, expressing frustration that the administration failed to do so for this hearing, impeding meaningful preparation.
• The committee will follow up on deadlocking allegations after Legal Aid provided information about current court orders and clients in isolation.
• DOC committed to providing additional data on lock-in frequency, duration, and reasons, as well as on the clinic production dashboard pilot.
• Multiple public testimonies urged the council to pass Int 0134 (gender-aligned housing protections), which was not on today’s agenda but was referenced as a priority by advocates and co-sponsored by the chair.