New York State Commission of Correction
For immediate release: Tuesday, September 22, 2009
Contact: John Caher, 518-457-8415; 518-225-5240
Statement from Thomas A. Beilein, Chairman, New York State Commission of Correction
Today, the New York State Commission of Correction filed a lawsuit against Erie County Sheriff Timothy B. Howard to compel the county to operate its jail in a safe, stable and humane manner, as required by law. The filing of this lawsuit is an unfortunate but necessary action.
Over the past several years, the Commission of Correction has made repeated efforts to help Erie County comply with regulations designed to ensure the safety and security of the Erie County Holding Center, and ultimately the public safety. We have issued operational variances to provide the county with a measure of carefully monitored leeway. We have repeatedly advised the county of its myriad delinquencies – which range from failing to provide inmates with reasonable access to a toilet and a bar of soap to troubling denials of due process in disciplinary matters – and offered to work with local officials to address deficiencies which we believe undermine the safety and security of the facility and needlessly expose the county to civil rights actions.
We have made our staff available at all times to assist the county. Despite our repeated efforts to assist, Erie County has persistently violated regulations and neglected or refused to take necessary remedial action. We are, unfortunately, left with no choice but to seek judicial intervention.
I wish to stress that we are asking only that Erie County comply with the same set of minimal standards routinely followed by the vast majority of correctional facilities across the state. We are not seeking to force the county to undertake costly reforms. We are asking only that Erie County manage its jail in a responsible manner.
As a former sheriff who operated a large urban jail for 14 years, I fully understand the economic and logistical difficulties that the maintenance of a correctional facility imposes on a local government. Regardless, Erie County has an obligation to its citizens to operate their jail in a safe and secure manner, and the Commission of Correction has an obligation to enforce state regulations. When a county refuses to abide by those regulations and abdicates its responsibility to local taxpayers, as Erie County has, the Commission is obligated to pursue a legal remedy.
The Commission’s specific complaints are described in detail in the petition and exhibits that were filed today with the Supreme Court in Erie County. Now that this matter is before the court, I will refrain from any further comment while the action is pending.