Scores of People Deemed Unfit to Stand Trial Are Stuck on Rikers Island
At least 127 people found unfit to stand trial by psychiatrists are languishing on Rikers Island because there is no space at state-run mental health facilities, THE CITY has learned.
Jail insiders say that number has gone up in recent years, after usually hovering around 100. Department of Correction officials have never publicly shared historical data on that figure.
Meanwhile, internal 2024 DOC data obtained by THE CITY shows that detainees deemed unfit to stand trial are stuck behind bars for an average of 80 days – with 25 people waiting 100 or more days to be sent to a secure medical center. By contrast, it took an average of 70 days last year, according to Zachary Katznelson, executive director of the Independent Rikers Commission, who has reviewed internal Department of Correction data.
"Rikers Island is the largest mental institution in the city and that shouldn’t be," said a top jail official who asked to remain anonymous because they weren’t given official permission to talk to the media.
Those 127 people unfit to stand trial are sitting on Rikers as Mayor Eric Adams and Gov. Kathy Hochul have separately vowed to boost funding for people with serious mental illness.
Last year, Hochul added 25 beds in state-run mental health facilities for people facing serious criminal charges. Her proposed executive budget includes funds for a new 100-bed mental hospital on Wards Island and hiring 300 new employees to work at psychiatric centers statewide, according to Justin Mason, a spokesperson for the state’s Office of Mental Health.
But criminal justice advocates argue the governor’s plan doesn’t add any beds at maximum secure facilities for people coming from jail.
"It’s got to be a priority for the state system, absolutely," Katznelson said. "And then it’s worth exploring for the city to think about what they can do on their own."
From ‘730’ to ‘Black Hole’
Before someone stands trial, judges can order them to undergo a what’s called a 730 exam, after the criminal procedure law. The review can be requested by their lawyer or the prosecutor or judge handling the case.
The entire process can take anywhere from a few weeks in Queens to around four months in Brooklyn, city records show. Meanwhile, the person in jail can’t be forced to take medications and are sometimes so confused — and afraid — that they refuse to leave their cells, according to veteran jail officials.
Rotting in a Jail
Among those awaiting transfer is Arthur E. Walker, who police said fatally stabbed his 60-year-old father, Arthur Walker, inside their Queens apartment in June 2023. A judge found the younger Walker not criminally responsible on November 15 because at the time of the incident he was having a mental health incident.
But he has waited ever since to be moved to a secure state-run hospital where he will stay until he’s re-evaluated in two years, DOC records show.
"Unfortunately, people like him, who have not been found guilty of anything, are rotting in a jail, which, of course, is not conducive to any treatment they may need based upon the findings," said his defense attorney, Mark Bederow. "So it’s regrettable, for sure."
Post-pandemic Spike in Mental Health Issues
The number of city detainees with serious mental illness is rising partly because the overall population is increasing, according to Correction Department records. Approximately 21% of people on Rikers have a serious mental illness, up from 16% in 2023 and 2022, the data reveals.
"The raw numbers have absolutely gone up," Katznelson said. "Three years ago or so, they’re probably just over 800 people with a serious mental illness in jail, and now we’re at 1,400."
Nowhere to Go
One top judge in Brooklyn said the judiciary has little recourse because of the lack of space in state facilities.
Judge Matthew D’Emic, who has overseen the borough’s mental health court for more than 20 years, said one judge has begun ordering jail officials to move people unfit to stand trial to medical facilities within 10 days.
"I guess it’s more of a suggestion than a direction, even though it’s in an order, because you can’t hold somebody in contempt if they don’t have any place to put them," D’Emic told THE CITY.
He argued that expanding outpatient restoration programs could reduce the backlog and ultimately save costs.
"There are answers to this," he said. "One hundred and twenty-seven is not a huge number when you talk about the City of New York. I think this is a very solvable problem."
Conclusion
The situation is dire for those deemed unfit to stand trial. With no space available at state-run mental health facilities, Rikers Island is becoming a black hole for those in need of treatment. While the government has pledged to boost funding for people with serious mental illness, action is needed now to address the crisis.
FAQs
- How many people are deemed unfit to stand trial and stuck on Rikers Island?
At least 127 people, according to internal 2024 DOC data. - What is the average number of days it takes for those deemed unfit to stand trial to be sent to a secure medical center?
80 days, with 25 people waiting 100 or more days. - What is the plan for addressing the mental health crisis on Rikers Island?
Governor Kathy Hochul has proposed a new 100-bed mental hospital on Wards Island and hiring 300 new employees to work at psychiatric centers statewide. - How many people on Rikers have a serious mental illness?
Approximately 21%, up from 16% in 2023 and 2022. - What is the process for evaluating those deemed unfit to stand trial?
The 730 exam, which can take anywhere from a few weeks to around four months, depending on the borough.
