Mayor Adams issues order to overrule law limiting solitary confinement at NYC jails

Mayor Eric Adams on Saturday issued an emergency order to stop the city Department of Correction from implementing major components of a new law to limit solitary confinement in city jails — a day before it was slated to go into effect.

Local Law 42 mandates that detainees get at least 14 hours of time outside their cells in shared spaces every day, and puts a four-hour cap on solitary “de-escalation confinement." The law also limits the use of handcuffs and leg restraints on detainees. Those aspects of the law will be paused through Adams’ order.

The move is the latest chapter in a back-and-forth battle between Adams and the City Council. Adams vetoed the law after it was passed by the Council, which then overrode the mayor’s veto in January.

Adams’ order cites filings by the federal monitor put in place to oversee reforms at Rikers Island, which states the new law would put both correction officers and detainees in harm's way.

The law “includes unprecedented provisions regarding the management of incarcerated individuals following serious acts of violence and eliminates necessary discretion by correctional management in a manner that could actually result in an increased risk of harm to other incarcerated individuals and staff,” the mayor’s order states.

The order also said the correction department “would require a massive increase in staff and other resources, which are not available” in order to comply with provisions of the new law.

Department of Correction officials reached out to the City Council last week requesting to push back the launch of the law, which was rejected by Council members, according to the order.

Public Advocate Jumaane Williams, who introduced the legislation, accused the mayor of “covering up the crisis” at Rikers Island and “spreading misinformation."

"This is a shameful tactic, another desperate abuse of power by this administration to try and ignore laws it opposes,” Williams said in a statement. “Misusing a ‘state of emergency’ is dangerous, especially from a mayor who claims to care about public safety. Any state of emergency on Rikers continues to be caused by an administration that has refused to engage with partners to meaningfully improve conditions.”

Williams said he would use “all means” force the mayor to implement the law, suggesting he may sue over Adams’ executive order. The City Council last week voted on a resolution to allow Speaker Adrienne Adams to take legal action against the mayor if he didn't implement the law.

“Each day Mayor Adams’ Administration shows how little respect it has for the laws and democracy, it sets more hypocritical double standards for complying with the law that leave New Yorkers worse off," City Council spokesperson Shirley Limongi said in a statement. "In this case, our city and everyone in its dysfunctional and dangerous jail system, including staff, are left less safe. The reality is that the law already included broad safety exemptions that make this ‘emergency order’ unnecessary and another example of Mayor Adams overusing executive orders without justification.”

The law's proponents say any form of solitary confinement is inhumane and increases the risk of death and self-harm. But the law's opponents argue that its definition of solitary confinement is too broad, and doesn't give correction officials the tools to punish violent behavior and separate attackers from victims.

In a court filing last week, city Correction Commissioner Lynelle Maginley-Liddie said that a ban would risk harm to both detainees and jail staff.

"Put simply, there would be an increase in violence and transportation of incarcerated individuals to court would become virtually impossible, among other adverse consequences," she said.

Steve Martin, the federal monitor who oversees Rikers, said that the correction department is too dysfunctional to implement the new law. He wrote in a court filing earlier this year that given the department's inability to "manage the jails safely and effectively," the new law "will only exacerbate the current dysfunction."

"Attempting to implement a complex law that fundamentally changes many of the department's standard practices …. would increase the risk of harm to incarcerated individuals and staff and therefore would be dangerous for those incarcerated and work in the jails," Martin wrote.

This story has been updated with a statement from City Council spokesperson Shirley Limongi.