A judge at a federal courthouse in Manhattan is considering the fate of Rikers Island.

U.S. District Court Judge Laura Taylor Swain appears to be one step closer to considering a federal takeover of Rikers Island — following years of controversy, violence and a federal monitorship.

What You Need To Know

  • After initial hesitation, a federal judge is ordering the city, attorneys for detainees, a federal monitor and the U.S. attorney's office to discuss whether the city should move forward with federal recievership

  • If appointed, a federal receiver would take over all or part of the city's jail system

  • The Legal Aid Society supports the takeover, while the U.S. attorney's office and the federal monitor have not been fully on board as of yet

"People think years of dysfunctionality is going to be fixed because of a receiver. That's just not making sense to me," Mayor Eric Adams said Tuesday.

The judge has ordered the parties in this court battle to report back to the court in early August with their positions on whether they support a federal receiver and what any kind of motion practice or court arguments might look like on the topic.

"For years now, there has been a situation that is, in the monitor, the deputy monitor's words, not normal and not acceptable. That has to change," Swain said.

The judge repeatedly questioned the Department of Correction commissioner regarding several of the violent incidents in May which sparked the latest round of controversy.

At one point, the judge questioned whether Commissioner Louis Molina believed officers acted appropriately when taking down a detainee who was restrained. That detainee is now paralyzed.

Molina said the detainee may have "inadvertently" hit their head on a bench or on the floor.

"I don’t find it concerning as of yet, but the investigation is ongoing," Molina said.

This comes after several damning reports by the Rikers federal monitor in recent weeks that accuse the Department of Correction and its leadership of failing to be forthcoming with information regarding serious and violent incidents on Rikers Island.

In fact, on Tuesday the judge approved an order that requires the department to give the monitor access to department staff, engage in proactive communication and appoint a manager to work with the monitor on a daily basis.

At the hearing, the U.S. attorney's office was also critical of department leadership and said it would determine whether it would support a federal receiver next month.

The plaintiffs in the case represented by the Legal Aid Society have said a receiver is necessary for real reform to take place.

"I think it showed the city administration cannot be trusted to bring about reform, cannot be trusted with the lives in its care,” said Kayla Simpson of the Prisoners’ Rights Project at the Legal Aid Society following the hearing.

In a statement also after the hearing, Molina said the department has "done tremendous work over the last 18 months to stabilize and reform a department that was previously abandoned."

"This administration is committed to doing everything it can to continue that reform and to enhance and improve operations and safety for the people that work in our jails and those placed in our custody," Molina said in the statement.