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a. Declaration of legislative findings and intent. The Council has analyzed the application of criminal and civil enforcement in numerous low-level offenses. Based upon this analysis, the Council has identified concerns with the use of criminal enforcement for many of these offenses and has concluded that criminal enforcement of these offenses should be used only in limited circumstances and that, in the absence of such circumstances, civil enforcement should be utilized. Therefore, the Council finds that it would be productive for the Police Department to communicate to its officers and to the public guidance regarding the important determination whether to utilize civil or criminal enforcement in particular instances.
b. The department shall provide guidance to its uniformed officers with respect to determining whether to utilize civil enforcement or criminal enforcement, or both, for any individual who commits a specified unlawful act. Such guidance shall be made publicly available. Nothing contained in this subdivision or in the administration or application hereof shall be construed as creating:
1. a right to be subject to civil or criminal enforcement or prosecution in connection with any alleged specified unlawful act; or
2. a private right of action on the part of any persons or entity against the city of New York, the department, or any official or employee thereof.
(L.L. 2016/071, 6/13/2016, eff. 6/13/2017)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/071.
a. The commissioner shall submit to the council and the mayor, and post to the department's website, within 30 days of the beginning of each quarter, a report regarding the use of desk appearance tickets for the previous quarter. This report shall include the guidelines used by the department to determine when desk appearance tickets are used in lieu of a custodial arrest pursuant to subdivision 1 of section 140.20 of the penal law. This report shall also include, for any offense for which a desk appearance ticket may be issued by state law and for which either more than 500 desk appearance tickets were issued or for which more than 500 arrests were made pursuant to subdivision 1 of section 140.20 of the penal law, the rate of the use of arrests and desk appearance tickets for each such offense. This report shall also include the number of desk appearance tickets issued, in total and disaggregated as follows:
1. the patrol precinct, housing police service area and transit district in which such desk appearance ticket was issued;
2. the borough in which such desk appearance ticket was issued;
3. race;
4. gender;
5. age; and
6. offense charged.
b. The information in subdivision a of this section shall be stored permanently on the department's website, and each quarterly report shall include a comparison of the current quarter to the same quarter in the prior three years, and the current year to the prior five years, where such information is available.
(L.L. 2016/069, 6/13/2016, eff. 6/13/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/069.
a. The commissioner shall submit to the council and the mayor, and post to the department's website, within 30 days of the beginning of each quarter, a report containing the following information for the previous quarter:
1. The number of criminal summonses issued;
2. The number of civil summonses issued; and
3. Where applicable, for criminal summonses, the criteria applied pursuant to subdivision b of section 14-155 of this chapter in making the determination to issue such summonses.
b. The information required pursuant to subdivision a of this section shall be listed in total and disaggregated by:
1. offense;
2. race;
3. gender;
4. age;
5. the borough in which the summons was issued; and
6. the patrol precinct, housing police service area, and transit district in which the summons was issued.
c. The information required pursuant to subdivisions a and b for each quarter shall be stored permanently on the department's website and shall be provided in a format that permits automated processing. Each quarterly report shall include a comparison of the current quarter to the same quarter in the prior three years, and the current year to the prior five years, where such information is available.
(L.L. 2016/068, 6/13/2016, eff. 6/13/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/068.
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