Emergency Executive Order 623

July 27, 2024

Download Emergency Executive Order 623

WHEREAS, on September 2, 2021, the federal monitor in the Nunez use-of-force class action stated that steps must be taken immediately to address the conditions in the New York City jails; and

WHEREAS, on June 14, 2022, the federal court in Nunez approved the Nunez Action Plan, which “represents a way to move forward with concrete measures now to address the ongoing crisis at Rikers Island”; and

WHEREAS, although there has been improvement in excessive staff absenteeism, extraordinarily high rates of attrition due to staff retirements and other departures continue to seriously affect the Department of Correction’s (DOC’s) staffing levels and create a serious risk to DOC’s ability to carry out the safety and security measures required for the maintenance of sanitary conditions; and access to basic services, including showers, meals, visitation, religious services, commissary, and recreation; and

WHEREAS, this Order is given to prioritize compliance with the Nunez Action Plan and to address the effects of DOC’s staffing levels, the conditions at DOC facilities, and health operations; and

WHEREAS, additional reasons for requiring the measures continued in this Order are set forth in Emergency Executive Order No. 140 of 2022, and Emergency Executive Order No. 579 of 2024; and

WHEREAS, the state of emergency existing within DOC facilities, first declared in Emergency Executive Order No. 241, dated September 15, 2021, and extended by subsequent orders, remains in effect; and

WHEREAS, on June 25, 2024, the New York City Board of Correction (“BOC”) rules governing Restrictive Housing in Correctional Facilities were amended to renumber and revise several sections of the BOC rules previously suspended by Emergency Executive Order 279, dated November 1, 2021, and those amendments are scheduled to take effect on July 28, 2024; 

NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State of New York and the City of New York, including but not limited to the New York Executive Law, the New York City Charter and the Administrative Code of the City of New York, and the common law authority to protect the public in the event of an emergency:

Section 1. I hereby direct that section 1 of Emergency Executive Order No. 621, dated July 23, 2024, is extended for five (5) days.

§ 2. As of July 28, 2024, I hereby terminate the portion of § 2 of Emergency Executive Order No. 279, dated November l, 2021 that suspended Board of Correction minimum standards § 6-24, § 6-27, and § 6-28(e-g).

§ 3. As of July 28, 2024, I hereby direct the suspension of Board of Correction minimum standards § 6-23 (Due Process and Procedural Justice); § 6-26 (Restorative Rehabilitation Units), and subdivisions e and f of § 6-27 (Restraints).

§ 4. This Emergency Executive Order shall take effect immediately and shall remain in effect for five (5) days unless it is terminated or modified at an earlier date.

Eric Adams
Mayor