NEW YORK (PIX11) — Department of Corrections Commissioner Louis Molina is set to appear before a judge on Tuesday for a hearing to ultimately decide who will control Rikers Island. 

Last week, the department submitted a court-mandated action plan to address dangerous jail conditions that have left inmates to fend for themselves or go without critical medical care. Staffing remains a critical problem, with hundreds of corrections officers calling out sick every day. 

“They’re putting themselves on vacation on Instagram while they’re out sick. Those people need to be disciplined,” Vincent Schiraldi, former DOC commissioner, said.

Five people have died on Rikers Island this year, including an incarcerated woman who suffered an apparent overdose just days ago. 

Federal judge Laura Swain, who is presiding over Tuesday’s hearing, will ultimately decide if Rikers Island requires a full or partial federal takeover, which could immediately address issues like staffing, or no takeover at all.

Just days ago, a Bronx judge held the DOC in contempt of court for failing to prove that incarcerated people are being taken to doctor’s appointments. If the DOC doesn’t show proof of that within the next few weeks, it could face thousands in fines.

Commissioner Molina told PIX11 News last week that the DOC is “absolutely committed” to fixing the city’s jails and making them as safe and humane as possible.

Mayor Eric Adams says he wants Rikers Island to remain in city control.

The federal monitor currently overseeing Rikers Island has praised Molina for his work so far but also questioned if he has the power to fix decades of mismanagement.