New York, NY (May 3, 2025) – Mayor Eric Adams has once again invoked emergency powers, signing Emergency Executive Order 792 to address what his administration calls a “serious risk” within the city’s troubled jail system. This latest move, announced today, extends previous executive actions and keeps the state of emergency at Rikers Island in place.
The order cites ongoing staffing shortages within the Department of Correction (DOC), fueled by retirements and departures, as the primary justification. This, the Mayor’s office argues, jeopardizes the DOC’s ability to maintain basic safety and security within the facilities.
This comes on the heels of years of federal scrutiny stemming from the Nunez class action lawsuit, which exposed a pattern of excessive force against inmates. A federal monitor was appointed back in 2021, and a court-approved action plan was put in place in June 2022 to mandate improvements.
While the administration points to some progress in curbing staff absenteeism, the persistent staffing woes continue to plague the system. Emergency Executive Order 792 explicitly aims to ensure compliance with the Nunez Action Plan and tackle the intertwined issues of staffing, facility conditions, and healthcare operations.
Critics Question Continued Emergency Rule
However, this latest extension of emergency powers is already drawing sharp criticism from city watchdogs and civil liberties advocates. They argue that the continued reliance on executive orders bypasses the normal legislative process and raises concerns about transparency and accountability.
“How long will this state of emergency last?” questioned Councilman Mark Johnson in a statement released shortly after the Mayor’s announcement. “We need real, long-term solutions for Rikers, not a perpetual state of emergency that concentrates power in the Mayor’s office.”
This marks the latest in a series of emergency executive orders related to the city’s jails, dating back to September 2021. Critics contend that these repeated extensions suggest a failure to effectively address the root causes of the problems within the DOC.
Federal Oversight Intensifies
The backdrop to this executive order is the ongoing federal oversight mandated by the Nunez lawsuit. Just last November, the city was held in contempt of court for its failure to comply with previous orders aimed at ensuring the safety and well-being of inmates. This ruling underscored the deep-seated challenges in reforming the city’s correctional system.
The situation at Rikers Island remains a flashpoint, with ongoing debates about its future, including the planned transition to borough-based jails. The persistent issues of violence, inadequate healthcare, and recidivism continue to fuel public concern.
Emergency Executive Order 792 is set to last for another five days, unless Mayor Adams decides to extend or modify it further. As New Yorkers grapple with the ongoing challenges at Rikers, the debate over the use of emergency powers and the effectiveness of the city’s reform efforts is sure to intensify.
Emergency Executive Order 792
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, Emergency Executive Order No. 579 of 2024, and Emergency Executive Order 623 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
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. 789, dated April 28, 2025, is extended for five (5) days
§ 2. 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
May 3, 2025
Download Emergency Executive Order 792
Sourdces: NYC.gov , Midtown Tribune,
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