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Q&A

Councilmember Morano questions Judge Zayas on 4,000 jail population goal vs. justice

New York City Council · Jun 25, 2026 · starts 0:40:11 · 2 min 24 sec

Morano asks whether focusing on a predetermined jail population of 4,000 risks letting capacity dictate criminal justice policy. Zayas says it's aspirational and both goals can coexist without short-circuiting justice.

Selvena N. Brooks-Powers

I'm going to yield myself to allow my colleagues to ask some questions.

Selvena N. Brooks-Powers

I'm going to first hear from Councilmember Murano, followed by Councilmember Brewer.

Frank Morano

Thank you, Chair.

Frank Morano

Thank you for convening this hearing on such an important topic.

Frank Morano

And, Judge, as the council member that represents the only borough that routinely elects both Democrat and Republican judges, I can attest to how widely respected you are by jurists on both sides of the aisle.

Frank Morano

And hearing your testimony, it's easy to understand why.

Frank Morano

I had a couple quick questions based on your testimony.

Frank Morano

You stated that

Frank Morano

One of the goals is reducing the jail population to around 4,000 so that it can be accommodated by the borough-based jails.

Frank Morano

And when we questioned the correction commissioner, he indicated the same thing.

Frank Morano

Shouldn't the criminal justice system be focused on administering justice?

Frank Morano

In a way that's fair and in a way that protects public safety rather than achieving a predetermined jail population?

Frank Morano

Are we at risk of allowing the capacity of our jail system to dictate criminal justice policy instead of the other way around?

Judge Joseph A. Zayas

Yeah, I mean, I don't think we're at risk for that because it is an aspirational goal.

Judge Joseph A. Zayas

And having, you know, what's that phrase?

Judge Joseph A. Zayas

If you don't have a goal, you're never going to meet it.

Judge Joseph A. Zayas

I don't think that's the, you could probably say it better than me.

Judge Joseph A. Zayas

The 4,000 number I will concede does not adequately take into account spikes or increases in criminal activity, violent crimes.

Judge Joseph A. Zayas

But all things being conceded, I think it's a reasonable thing for...

Judge Joseph A. Zayas

Folks to do is to have a goal of 4,000 and let's see how we're able to get there.

Judge Joseph A. Zayas

I don't think justice is being short-circuited or jeopardized by it.

Judge Joseph A. Zayas

I think

Judge Joseph A. Zayas

We can have a goal and also make sure that justice is done without,

Judge Joseph A. Zayas

you know, if you're suggesting that we would just start releasing people from jail just to reach the 4,000 number, then I completely get your point.

Judge Joseph A. Zayas

But otherwise, I think we could do both things at the same time.