New York, NY (May 3, 2025) – Mayor Eric Adams has issued Emergency Executive Order 792, extending a previous order aimed at addressing the persistent crisis within New York City’s jail system. This latest order, dated May 3, 2025, acknowledges the continued need for immediate action following the findings of the federal monitor overseeing the Nunez use-of-force class action.
The initial assessment by the federal monitor on September 2, 2021, highlighted critical conditions within the city’s correctional facilities that demanded urgent intervention. Subsequently, on June 14, 2022, the federal court approved the Nunez Action Plan, a set of concrete measures intended to tackle the ongoing issues at Rikers Island.
While the city has reportedly made progress in reducing excessive staff absenteeism, the Adams administration notes that “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 and1 security functions essential to the operation of the City’s jails.”
Emergency Executive Order 792 explicitly states its purpose is 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.”2 The order also references previous emergency executive orders (Nos. 140 of 2022, 579 of 2024, and 623 of 2024) as further justification for the continued measures.
The state of emergency within DOC facilities was initially declared on September 15, 2021, by Emergency Executive Order No. 241 and has been extended through subsequent orders, indicating the protracted nature of the problems plaguing the city’s jail system.
This new order extends Section 1 of Emergency Executive Order No. 789, dated April 28, 2025, for an additional five days. It took effect immediately and will remain in place for five days unless terminated or modified earlier by the Mayor.
Background: The Nunez Class Action
The Nunez v. N.Y.C. Dep’t of Corr. class action lawsuit was initiated in 2011, alleging a pattern of excessive force used against incarcerated individuals within New York City jails. This legal action led to a Consent Judgment in 2015, mandating significant reforms and the appointment of a federal monitor to oversee their implementation.
Despite the Consent Judgment and subsequent remedial orders, the monitoring team has consistently reported ongoing non-compliance by the DOC, with persistently high rates of violence and inadequate responses. In a significant development in November 2024, the court found the City in contempt for failing to adhere to multiple provisions of previous court orders aimed at ensuring the safety and well-being of incarcerated individuals.
Continuing Concerns in 2025
The extension of the emergency executive order underscores the fact that, despite years of legal oversight and reform efforts, significant challenges remain within the NYC jail system in 2025. Issues such as staffing shortages continue to exacerbate existing problems related to safety, security, and the provision of adequate healthcare for those in custody.
Recent reports and policy briefs highlight the ongoing efforts and challenges associated with reforming the city’s correctional facilities, including the planned closure of Rikers Island and the transition to a borough-based jail system. These efforts aim to address long-standing issues of violence, inadequate mental healthcare, and high rates of recidivism.
The continued state of emergency and the extension of Executive Order 792 signal that the Adams administration recognizes the urgency of the situation and the need for sustained measures to ensure the health and safety of both incarcerated individuals and staff within New York City’s jail system. The next five days will be critical in assessing the impact of this latest extension and determining the future course of action to address this ongoing crisis.
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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