The official, known as a “remediation manager,” will report directly to the court. While the city’s corrections commissioner will remain responsible for much of the day-to-day operations of the jail system, the remediation manager will have broad powers to address long-standing safety problems, including authority over hiring and promotions, staff deployment and disciplinary action regarding the use of force
The extraordinary intervention, outlined Tuesday by Swain in a 77-page order, comes nearly a decade after the city’s jail system was placed under federal oversight as part of a class-action lawsuit brought by detainees.
In the years since, rates of violence have continued to increase, creating a “grave and immediate threat” that violates the constitutional rights of those in custody, according to Swain.
“Worse still, the unsafe and dangerous conditions in the jails, which are characterized by unprecedented rates of use of force and violence, have become normalized despite the fact that they are clearly abnormal and unacceptable,” Swain wrote Tuesday.
This past November, she found the city in contempt for failing to comply with 18 separate provisions of court orders pertaining to security, staffing, supervision, use of force and the safety of young detainees.
The contempt ruling opened the door to a federal receivership of Rikers Island, a remedy long supported by detainee advocates, strongly opposed by New York City Mayor Eric Adams and characterized by the court as an option of last resort.
In her order on Tuesday, Swain said the remedial manager would have “broad authority” similar to a federal receiver, but would be expected to work closely with the city-appointed commissioner of the Department of Correction to implement a reform plan.
At a press conference Tuesday, Adams said the city would follow the judge’s order, while also suggesting the appointment of an outside manager was not necessary.
“Remediation manager? I don’t know the definition of that,” he said. “We have this oversight and that oversight. How much oversight are you going to do before you realize there are systemic problems?”
Benny Boscio, the president of the union that represents correction officers, said the union was willing to work with the outside manager, but it would maintain "our fierce advocacy for the preservation of our members’ employment rights and improving their working conditions.”
Advocates for detainees, meanwhile, celebrated the judge’s order as a turning point in a decades-long effort at reform.
“This has the potential to finally change the culture of violence and brutality in the city’s jails that we’ve seen for decades,” said Debbie Greenberger, an attorney with the Emery Celli law firm, which represents detainees, along with the Legal Aid Society.
“Nothing is going to change overnight, but I’m more hopeful today that we have a path to transformational change,” she added.