Emergency Executive Order 682

October 30, 2024

Download Emergency Executive Order 682

WHEREAS, it is of utmost importance to protect the health and safety of all persons in the custody of the Department of Correction ("DOC"), and of all officers and persons who work in the City of New York jails and who transport persons in custody to court and other facilities, and the public; and

WHEREAS, over 80 provisions in the various Court Orders entered in Nunez v. City of New York, 11 CV 5845 (SDNY), require DOC to consult with, and seek the approval of, the Nunez Monitor ("Monitor") prior to implementing or amending policies on issues, including but not limited to, matters relating to security practices, the use of restraints, escorts, emergency lock-ins, de-escalation, confinement management of incarcerated individuals following serious acts of violence and subsequent housing strategies, and DOC may be held in contempt of court and sanctioned if it fails to appropriately consult with and obtain approval from the Monitor regarding policies in these areas; and

WHEREAS, as fully detailed in Emergency Executive Order 579 of 2024, DOC is already experiencing a significant staffing crisis, which poses a serious risk to the health, safety, and security of all people in custody and to DOC personnel; and

WHEREAS, attempting to comply with many of the provisions of Local Law 42 and the new BOC regulations, such as by transporting individuals to court without restraints, would require a massive increase in staff and other resources, which are not available; and

WHEREAS, even if DOC had such additional staffing and resources, that still would not obviate the direct threat to public safety posed by certain provisions of Local Law 42, nor would it obviate the fact that the Monitor has yet to approve implementation of those provisions as required by the Nunez Orders, nor would it obviate the fact that additional time would be needed to safely implement those provisions of Local Law 42 eventually approved by the Monitor, because, as the Monitor has expressly cautioned, the safe implementation of any new requirement or reform in DOC facilities requires planning time to "evaluat[e] the operational impact, update[e] policies and procedures, updat[e] the physical plant, determin[e] the necessary staffing complement, develop[] training materials, and provid[e] training to thousands of staff, all of which must occur before the changes in practice actually go into effect" [11 CV 5845 (SDNY) Dkt No. 758-3 at p. 61]; and

WHEREAS, on October 24, 2024, the Monitor filed a status update regarding the "exceedingly complicated undertaking" of evaluating whether the suspended provisions of Local Law 42 and Board of Correction's Rules conflict with Nunez Court Orders [11 CV 5845 (SDNY) Dkt No. 789]; and

WHEREAS the status update stated that the Monitor is still reviewing information relevant to his analysis recently received from both the Plaintiffs and City Council, and is continuing to work with DOC on a number of different matters related to operationalization, and recommended that the Monitor's November 21, 2024 report include a further status update on his work; and

WHEREAS, on October 25, 2024, the Nunez Court endorsed the Monitor's status update and ordered the Monitor to include a status update on his work related to Local Law 42 in his November 21, 2024 report [11 CV 5845 (SDNY) Dkt No. 791]; and

WHEREAS, on July 27, 2024, I issued Emergency Executive Order No. 624, and declared a state of emergency to exist within the correction facilities operated by the DOC, and such declaration remains in effect; and

WHEREAS, additional reasons for requiring the measures continued in this Order are set forth in Emergency Executive Order No. 625, dated July 27, 2024; and

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 section 2 of Emergency Executive Order No. 679, dated October 25, 2024 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