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BOC -City of New York-Statement on Chemical Agent Report -Feb. 2024

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Dwayne C. Sampson, Chair
DeAnna Hoskins, Vice Chair
Rachael Bedard, M.D.
Robert L. Cohen, M.D.
Felipe Franco
Jacqueline Miriam Pitts
Joseph Ramos
Jacqueline Sherman
Jude Torchenaud

BOARD OF CORRECTION
CITY OF NEW YORK

2 LAFAYETTE STREET, SUITE 1221
NEW YORK, NY 10007
212 669-7900 (Office)

Jasmine Georges-Yilla
Executive Director

NEW YORK CITY BOARD OF CORRECTION RELEASES ASSESSMENT ON THE
USE OF CHEMICAL AGENTS IN NEW YORK CITY JAILS
14 recommendations made to address the use of excessive and unnecessary force in the jails.
FOR IMMEDIATE RELEASE: February 21, 2024
New York, NY – The New York City Board of Correction (“BOC” or “Board”), the independent
oversight Board for the City’s jail system, released a report today presenting findings and
recommendations in connection with its systemic assessment of the Department of Correction’s
use of chemical agents. The report identifies patterns of unnecessary and excessive force, during
which chemical agents are routinely deployed against people in custody—disproportionally
individuals with mental illness and emerging adults (aged 18-21)—who present passive resistance,
argue with staff, or attempt to inflict self-harm with a ligature.
“This report covers only one month of unnecessary, inappropriate and dangerous overuse of
chemical agents in the jails,” said Board Member Robert Cohen. “The Department's failure to
prevent this dangerous practice contributes substantially to the violence in the jails. It must end.”
Unlike reviews and investigations conducted by other City and State agencies, the Board’s
assessment focuses, not on criminal wrongdoing or staff discipline, but on the circumstances
surrounding deployments of chemical agents, with the goal of identifying harmful patterns and
preventing their recurrence. The Board’s report makes 14 recommendations concerning DOC
practices. These include recommendations to ensure compliance with mandatory annual chemical
agent trainings; prevent the assignment of chemical agent devices to uniformed staff with expired
certifications; increase the use of body worn cameras in NYC jails; and increase the occurrence of
required mental health interventions prior to the application of anticipated force by DOC
uniformed staff.
Specific policy violations and practice concerns uncovered in the report include the use of chemical
agents from prohibited and unsafe distances; the use of chemical agents on people attempting to
hang themselves; and the use of a powerful chemical agent designed for crowd control on lone
individuals offering passive resistance. The report also tracks a significant increase in the

Department’s use of chemical agents in recent years and provides information regarding the
strength of the chemical agent most typically used by the Department.
“This report highlights the important and vital role of the Board of Correction as DOC and CHS’s
independent oversight agency,” said Executive Director Jasmine Georges-Yilla. “Board staff
have uncovered patterns and practices concerning the deployment of chemical agents that must be
addressed and reformed to ensure a safe environment for those who live and work on Rikers Island.
The Board will continue to hold DOC and CHS accountable for maintaining humane conditions
inside the City’s jails, and Board staff will continue to work with DOC and CHS to ensure that the
Board’s minimum standards are met across all facilities.”
--The New York City Board of Correction is a nine-person oversight board that regulates, monitors,
and inspects the correctional facilities of the city. The Board of Correction has carried out critical
independent oversight for the City of New York since 1957. Our staff are the Board’s “eyes and
ears” inside the jails, working to evaluate complaints, review incidents, and make
recommendations for compliance with the minimum standards for confinement. The Board sets a
baseline for what New York City must provide to people in custody in order to maintain humane
jails.
Contact: Melissa Cintrón Hernández (mcintronhernandez@boc.nyc.gov)