A proposed class action suit filed late April 3 by the New York Civil Liberties Union and the New York Legal Aid Society alleges that New York officials have mostly stopped adjudicating parole violations amid the coronavirus pandemic, leaving hundreds of people waiting in jails as the virus spreads.

More than 1,000 people are currently jailed in New York City on alleged parole violations, according to the suit, which was filed in the Southern District of New York and names Gov. Andrew Cuomo and New York State board of parole chairwoman Tina Stanford as defendants.

On April 5, a New York City jail inmate who had tested positive for COVID-19 died at Bellevue Hospital, according to city corrections spokesman Peter Thorne. The Department of Corrections declined to release the inmate's name, but the Legal Aid Society identified him as 53-year-old Michael Tyson, a Legal Aid client jailed on a parole violation.

Legal Aid sued for Tyson's release in state court April 3, in one of a series of suits filed on behalf of hundreds of medically vulnerable inmates jailed on parole violations. His death is believed to be first coronavirus fatality linked to Rikers Island.

Tina Luongo, attorney-in-charge of Legal Aid's criminal defense practice, said Legal Aid is "heartbroken and outraged" about Tyson's death.

"This tragedy would have been entirely avoidable if only Governor Cuomo had directed [the Department of Corrections and Community Supervision] to act decisively from the outset of this epidemic to release incarcerated New Yorkers who, like Mr. Tyson, were especially vulnerable to the virus," Luongo said in a statement. "Albany's inaction has already cost lives; and, as the virus reaches its apex, many more will succumb unless the Governor and DOCCS act immediately to address the humanitarian crisis in our jails and prisons."

The attorneys involved the April 3 federal proposed class action suit argued that hearings on parole violations result in release in a significant minority of cases, which means many people are being held simply because they cannot get a hearing.

The lawyers emphasized that New York's parole system has had serious issues, including extended delays before hearings, for years, but immediate action is needed because of the danger of the coronavirus inside jails.

"Unless the state takes immediate steps to release people accused of parole violations, our broken parole system will cause many people, especially the most vulnerable among us, to become seriously ill or die," Phil Desgranges, senior staff attorney for the New York Civil Liberties Union, said in a statement.

Eight days after state officials announced plans to release 1,100 people jailed on parole violations, including several hundred in New York City, actual releases have moved slowly, according to the suit.

"The release process is a black box: there is no transparency around the process or criteria, and no one has had an opportunity to be heard about their release," the NYCLU and Legal Aid attorneys wrote.

A spokeswoman for New York's Department of Corrections and Community Supervision said that as of April 3, 238 warrants have been lifted for people with parole violations in New York City. Cases are still being reviewed, the spokeswoman said. When a warrant is lifted, the jail can release the person unless they have another outstanding warrant, according to DOCCS.

Advocates argue that the coronavirus infection rate at Rikers Island is higher than anywhere else in the world, with prevention measures such as social distancing and careful sanitation nearly impossible inside the facility.

The DOCCS spokeswoman said the department cannot comment on pending litigation, but the department "has and continues to alter long-standing policies, as well as create new policies, to protect the health and well-being of staff, incarcerated individuals and parolees while continuing to ensure the safety of the general public." A transition to telephone parole hearings is ongoing, according to DOCCS, but officials refused to say how many telephone hearings have taken place so far.

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