New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 9 - Executive Orders (Kathy Hochul) › Section 9.39 - Executive Order No. 39: Continuing the Temporary Suspension and Modification of Laws Related to the Disaster Emergency in the Counties of the Bronx, Kings, New York, Richmond and Queens Due to Conditions at Rikers Island Correctional Center

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the Rikers Island Correctional Center has been
					 facing a severe staffing shortage in recent months and this is expected to
					 continue;
WHEREAS, the conditions in the facilities are expected to
					 continue to create an unsafe, life-threatening environment for : both the
					 inmates and the staff;
WHEREAS, a federal monitor appointed to oversee the
					 Correctional Center reported a "pervasive level of disorder and chaos," in the
					 facilities in its Eleventh Report of the Nunez Independent Monitor;
WHEREAS, there has been an increased number of deaths of
					 inmates at Rikers Island this year;
WHEREAS, there is a need to facilitate the use of virtual
					 court appearances to expedite proceedings and to reallocate corrections
					 department staff from transportation and production of defendants to housing
					 supervision and safety;
NOW, THEREFORE, I, KATHY HOCHUL, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution of the
					 State of New York and Section 28 of Article 2-B of the Executive Law, do hereby
					 extend the state disaster emergency as set forth in Executive Order 5, and do
					 hereby continue the terms, conditions, and suspensions contained in Executive
					 Order 5, as continued by Executive Orders 5.1 and 5.2, until January 5, 2022;
					 and
FURTHER, by virtue of the authority vested in me by Section
					 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any
					 statute, local law, ordinance, order, rule, or regulation, or parts thereof,
					 during a state disaster emergency, if compliance with such would prevent,
					 hinder, or delay action necessary to cope with the disaster emergency, I hereby
					 temporarily suspend and modify the following through January 5, 2022:
* Sections 29.11 and 29.15  of the Mental Hygiene Law and
					 section 517 of Title 14 of the NYCRR to the extent necessary to permit mental
					 health facilities licensed pursuant to Article 31 of the Mental Hygiene Law
					 that are treating patients that are inmates of Rikers Island Correctional
					 Center during the emergency, as well as State-operated psychiatric centers
					 operating in the counties in which the state disaster emergency has been
					 declared, to rapidly discharge, including conditionally discharge, transfer, or
					 receive such patients, as authorized by the Commissioner of the Office of
					 Mental Health, provided such facilities take all reasonable measures to protect
					 the health and safety of such patients and residents, including safe transfer
					 and discharge practices;
GIVEN under my hand and the Privy Seal of the State in the
					 City of Albany this sixth day of December in the year two thousand
					 twenty-one.
Signed: Kathy Hochul
Dated: December 6, 2021