New York State Inspector General Lucy Lang released a report on Nov. 30, detailing defects in both the manufacturing and administration of drug tests used by the New York State Department of Corrections and Community Supervision (DOCCS) to detect the presence of contraband in correctional facilities.

 

According to the NYS Offices of the Inspector General, the flaws in these drugs tests, based upon unreliable evidence, resulted in the disciplining of more than 2,000 incarcerated individuals across the State. These disciplinary sanctions included solitary confinement, delays in parole eligibility, and suspension of family visitation, among others.

 

According to the inspector general’s office, from 2016 to August 2020, as the opioid epidemic surged both nationally and in New York’s prisons, a test manufactured by Sirchie Finger Print Laboratories, called NARK II, was used in DOCCS facilities due to its unique ability to identify hard to detect drugs. In August of 2020, the inspector general’s office said that DOCCS notified the Inspector General that the NARK II test had inconsistent instructions, potentially causing false-positive test results.

 

They added that notably, per instructions from its manufacturer, the NARK II test is designed to serve merely as a presumptive test, producing preliminary results requiring laboratory confirmation. They said despite this instruction, for the duration of the four years, the test was in circulation, DOCCS used a positive result on an unconfirmed NARK II drug test as the basis for the imposition of discipline.

 

Five days after receiving the initial notification from DOCCS, the inspector general’s office said they advised DOCCS to stop taking any disciplinary action against incarcerated individuals for a positive Nark II test result until confirmatory testing by an independent laboratory could be obtained, and to begin taking remedial actions. According to the inspector general’s office, DOCCS immediately complied with both recommendations, including reversing and expunging the disciplinary records of incarcerated individuals who had been sanctioned based on such tests.

 

Following a full investigation, the inspector general substantiated that the instructions provided by the NARK II manufacturer were inconsistent, contradictory and, in some instances, inaccurate and that the manufacturer failed to identify this issue or advise DOCCS as to the existence of revised or updated instructions.

 

Officials from the inspector general’s office said the investigation also determined that in addition to failing to obtain confirmation of presumptively positive NARK II test results, DOCCS staff administering the tests failed to follow protocols to prevent misidentification of contraband or cross-contamination of samples, undermining the accuracy of even the preliminary results.

 

“Lack of integrity in the systems administered to New Yorkers behind bars implicates all of us,” said Lang. “This investigation and the subsequent policy changes and record expungements represent one step closer to ensuring the level of integrity we should all expect and demand from the State.”

 

For his part, NYS DOCC Supervision Acting Commissioner Daniel F. Martuscello III said, “Illicit drugs pose a serious threat to the safety and security of those who work and live in correctional settings, and while the detection and removal of these substances is imperative, it must be done with accuracy and fairness.”

 

He added, “To that end, we reported the potential for false-positive field test results to the inspector general in 2020, resulting in the subsequent investigation, and have since made improvements that align with the report’s recommendations. I commend the Office of the Inspector General for its steadfast investigation and pursuit of fairness across New York State.”

 

The inspector general thanked members of her team for their work on the investigation, including George Frany, attorney-in-charge of DOCCS matters, Carmen Frangella, deputy chief of investigations for the upstate region, and senior investigative counsel & director of report writing Jonathan Masters. The inspector general also expressed her appreciation to the DOCC, particularly members of its Office of Special Investigations, for their partnership in investigating this matter and for promptly addressing the issues detailed within the report.

 

Norwood News reached out to NYC Department of Correction (DOC) to ask if the flawed testing product had been used in City jails. We received a response on Dec. 8 from the DOC press secretary, saying, “We stopped using NARK II in April 2023. We stopped arresting visitors found with narcotic-soaked paper in 2020. The only exception is fentanyl. To date, visitors found with narcotic-soaked paper will have their visits restricted. People in custody found with narcotic-soaked paper face disciplinary action.”

 

On the same day, New York City Mayor Eric Adams announced the appointment of Lynelle Maginley-Liddie as the 38^th commissioner of DOC. According to City officials, Maginley-Liddie has served at DOC for eight years, most recently as first deputy commissioner and chief diversity officer. With this appointment, they said she becomes the second Black woman to hold this position in the department’s 128-year history.

 

“Lynelle Maginley-Liddie has spent the better part of a decade at the Department of Correction, and I confident that she is the right person to lead the department going forward,” said Adams. “​​Lynelle has played a significant role in the progress we have made over the last 23 months at DOC, supporting this administration’s efforts to reverse decades of mismanagement and neglect on Rikers Island, and she is prepared to take the reins of this department at such a pivotal moment.”

 

He added, “Public safety and justice are the prerequisites to prosperity, and under the leadership of Commissioner Maginley-Liddie, our administration will continue to ensure dignity, safety, and care for the hard-working staff in our correction facilities and all detainees in our care. She is a steady hand, who will continue the good work of now-Assistant Deputy Mayor for Public Safety Louis Molina. I thank Lou for everything he did at the Department of Correction and look forward to working with him in this new role.”

 

For her part, the new commissioner thanked the mayor for what she said was “the honor and opportunity to lead and serve” the department and the people of New York City. “As commissioner, I will work tirelessly to support our staff and create safe and humane conditions for those entrusted in our care,” Maginley-Liddie said. “I further pledge to follow and set standards for correctional best practices; the people working and living in our jails deserve nothing less.”

 

According to City officials, the new DOC commissioner has served as DOC first deputy commissioner and chief diversity officer since March 2021. They said in this role, she supported the department’s mission of “maintaining a safe and humane environment for correction officers and those in the city’s care.” They said she has provided counsel on matters related to departmental operations, policy improvements, and key initiatives in the agency’s turnaround, and has also helped develop the policy and implementation strategy for the agency’s minority-owned and women-owned business enterprise programs.

They went on to say that Maginley-Liddie joined DOC in 2015 as an agency attorney and was promoted to deputy general counsel in 2018. They said during her eight years at the agency, she led the department’s general litigation unit, provided strategic guidance on complex agency matters, and spearheaded the department’s efforts to provide staff with convenient, on-site access to COVID-19 vaccinations.

 

Before joining DOC, City officials said Maginley-Liddie was an attorney at Leader Berkon Colao & Silverstein LLP, and that she received her J.D. from Fordham University School of Law, and her B.A. from John Jay College of Criminal Justice. They said she will report to Deputy Mayor for Public Safety Philip Banks III.

 

The DOC reshuffle follows a recent story by the NY Daily News on Dec. 5 in which it was reported that, according to a court filing obtained by the Daily News, by a high-ranking DOC investigator, it was alleged that former DOC commissioner [Louis Molina] conducted a campaign to undermine mandated outside oversight of city jails in violation of federal court orders and city law. In a separate, recent Daily News story, it was alleged that amid ongoing City budget cuts, Molina’s recent trip to London and Paris with seven aides cost taxpayers $40,000.

 

The reshuffle also comes on the back of a host of complaints and reports about the beleaguered state of Rikers Island, and ongoing calls for both federal oversight of the jail, as well as the advancement of its closure.

 

The mayor paid tribute to Molina on Friday who he said had a very difficult job and commended him for sticking with his administration and in the DOC role, despite the difficulties Molina faced.

 

Meanwhile, Darren Mack, co-director of Freedom Agenda, and spokesperson for the “Campaign to Close Rikers” gave his reaction to the DOC reshuffle, saying, “Rikers is irredeemable no matter who is running it. Any commissioner who is committed to transparency and safeguarding the rights of people in custody will recognize that an isolated penal colony built on toxic land could never be consistent with those goals.”

 

He added, “We hope Commissioner Maginley-Liddie will focus on getting Rikers closed while reducing harm in every way possible for people there now, instead of trying to hide and justify its abuses.”

 

Norwood News contacted the DOC for comment on the allegations against Molina reported by the Daily News. We also asked for any comment on the former commissioner’s reappointment as DOC deputy commissioner. The DOC referred us to City Hall. A spokeswoman responded, providing the following statement from the mayor, “Over the last 23 months, Lou Molina had dedicated himself to reversing decades of mismanagement and neglect as the commissioner of the Department of Correction.”

 

The statement continued, “While there is still more work to be done, Commissioner Molina has helped to reduce violence and improve safety on Rikers Island. His record of service throughout his career speaks for itself.”

In his remarks on Friday, the mayor also said DOC had the lowest number of deaths in custody in the country.