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a. Definitions. For the purposes of this section, the following terms have the following meanings:
Domestic violence. The term "domestic violence" means acts or threats of violence, not including acts of self-defense, committed by a family or household member against another family or household member.
Family offense. The term "family offense" shall mean an act or threat of an act as defined in section 530.11 of the criminal procedure law.
Human trafficking. The term "human trafficking" shall mean an act or threat of an act that may constitute sex trafficking, as defined in section 230.34 of the penal law, or labor trafficking, as defined in section 135.35 and 135.36 of the penal law.
Sexual crimes. The term "sexual crimes" means any offense in article 130 of the penal law.
b. Training requirement.
1. The department shall develop, and implement by September 30, 2022, a victim-centered, trauma-informed questioning training program designed to develop skills for the response to and investigation of incidents involving domestic violence, sexual crimes, or human trafficking. The training program shall include but not be limited to the following components: the dynamics of domestic violence, sexual assault, and human trafficking, including abuser tactics of power and control; danger and lethality factors in domestic violence, sexual assault, and human trafficking cases; the criminal law provisions of the Family Protection Domestic Violence Intervention Act of 1994, codified in chapter 222 of the laws of 1994; how to determine the primary aggressor in a domestic violence incident; the family offenses; the offense of endangering the welfare of a child; the offenses of assault in the first degree, manslaughter in the first and second degrees, criminally negligent homicide, and murder in the second degree, together with the defense of justification and the role of trauma in victims' acts of self-defense; the importance of avoiding expressions of skepticism, victim-blaming, and minimizing of the offense in early communications with victims; how to recognize signs of drug-facilitated sexual assault and preserve crucial evidence thereof; the overlap among domestic violence, sexual assault and human trafficking; victim-centered, trauma-informed questioning in domestic violence, sexual assault, human trafficking, and related cases; the effects of trauma on victims; techniques of trauma-informed policing; the resources available to victims of domestic violence, sexual assault, and human trafficking, including shelter and nonresidential services, locating hospital-based sexual assault forensic exams, and domestic violence, sexual assault, and human trafficking emergency resources; and any other training deemed relevant by the commissioner, except that the commissioner may eliminate a training component or replace a training component with an alternative component in order to provide a comprehensive victim-centered, trauma-informed questioning training program.
2. There shall be an interdisciplinary and interagency committee that shall meet no later than May 1, 2022, and twice a year thereafter. The committee shall make recommendations to the department with respect to the training program required by this subdivision. Each member of the committee will use their insights from interactions with programs and survivors of domestic violence, sexual crimes, and human trafficking to help evaluate whether previous trainings accomplished the goals of the trainings. Such committee shall consist of:
(i) the director of the mayor's office to end domestic and gender-based violence or the director's designee;
(ii) the director of the mayor's office of criminal justice or the director's designee;
(iii) officers or employees of the department, designated by the commissioner, with relevant experience or expertise, including officers or employees with expertise in domestic violence, sexual crimes, and human trafficking;
(iv) two representatives of two domestic violence service providers, including at least one provider that serves immigrant communities, as appointed by the mayor;
(v) two representatives of two sexual assault service providers, as appointed by the mayor; and
(vi) two representatives of two human trafficking service providers, as appointed by the mayor;
(vii) two survivors of gender-based violence, as appointed by the mayor; and
(viii) one or more representatives from the offices of the city's district attorneys invited by the department.
3. New recruits. All new department recruits shall receive at least three hours of training related to domestic violence, sexual crimes, and human trafficking.
4. Ongoing training. All uniformed members of the department whose responsibilities include routinely interacting with victims of crime, shall receive training on incidents involving domestic violence, sexual crimes, or human trafficking, on a biennial basis.
c. Reporting. Beginning February 1, 2023, and no later than each February 1 thereafter, the department shall report the following information concerning domestic violence, sexual crimes, or human trafficking training for the previous calendar year: the number of police officers trained and the curriculum used for each training session. The report shall be disaggregated by the number of officers who received recruit training and the number of officers that received ongoing training in the prior calendar year. Such report shall be posted on the department's website and submitted to the mayor, the speaker of the council, and the members of the committee formed pursuant to subdivision b of this section.
(L.L. 2022/049, 1/15/2022, eff. 4/15/2022)
a. Definition. For the purposes of this section, the term "autism spectrum disorder" means behavior that meets relevant diagnostic criteria contained within the American Psychiatric Association's diagnostic and statistical manual, fifth edition, as may be revised from time to time.
b. Training.
1. The department shall train police recruits, as part of their police academy training, in recognizing and responding to individuals with autism spectrum disorder.
2. The department shall, on a biennial basis, train all uniformed members of the department in recognizing and responding to individuals with autism spectrum disorder.
c. The training required by subdivision b of this section shall include but not be limited to:
1. enhancement of awareness and a practical understanding of autism spectrum disorder, including an ability to recognize common behaviors and mannerisms of individuals with autism spectrum disorder, such as sensory processing disorders, oversensitivity to the environment and auditory processing disorder;
2. development of the interpersonal skills to safely respond to emergencies involving individuals with autism spectrum disorder; and
3. instruction on interview and investigative techniques to utilize in cases involving individuals with autism spectrum disorder, including cases where such an individual has experienced incidents of gender-based violence.
d. The curriculum for the training required by subdivision b of this section shall be periodically reviewed and, when appropriate, modified in consultation with independent clinicians and service providers with expertise on autism spectrum disorder.
(L.L. 2023/053, 5/11/2023, eff. 11/7/2023)
a. Definition. For the purposes of this section, the term “body-worn camera” means a video recording device that can be attached or affixed to a person’s body, apparel, or clothing.
b. Within 10 business days of receipt of a request for body-worn camera footage by the commissioner of investigation and unless prohibited by law, the department shall provide such requested body-worn camera footage to such commissioner. Where the provision of such footage is prohibited by law, the department shall, within 10 business days of receipt of such request, issue a denial, which shall include a citation to the law that prohibits the disclosure of such footage.
c. Notwithstanding subdivision b of this section, where the department is unable to provide the requested body-worn camera footage within 10 business days of receipt of such request, the department shall, within such 10 business days, provide to the commissioner of investigation a written explanation for the delay and the estimated date by which such footage will be provided.
(L.L. 2024/023, 1/20/2024, eff. 2/19/2024)
a. Definitions. As used in this section, the following terms have the following meanings:
Covered donor. The term “covered donor” means a person or entity, not including any local, state, or federal government agency, from whom the department received one or more donations of money, goods, or services that exceeded one million dollars in aggregate value during the reporting period.
Reporting period. The term “reporting period” means the period beginning July 1 of a calendar year until and including June 30 of the following calendar year.
b. In addition to any report or disclosure required pursuant to chapter 68 of the charter, or any interpretation thereof by the conflicts of interest board, no later than January 1, 2025, and no later than January 1 of each year thereafter, the department shall submit to the mayor and the speaker of the council a report on donations received from covered donors during the reporting period ending in the prior calendar year. Each such report shall include:
1. a list of all covered donors and the aggregate value of all money, goods and services received from each such covered donor during such reporting period;
2. a list of all capital projects supported in whole or in part by each covered donor, including the aggregate value of donations from each covered donor for each capital project;
3. a list of all programs, initiatives, equipment, or other activities, including all pilot programs, supported in whole or in part by each covered donor, including the corresponding aggregate value of each listed program, initiative, equipment, or other activity attributable to donations from such covered donor for each program, initiative, equipment, or other activity or expenditure provided that a single unit of appropriation for personal service or a single unit of appropriation for other than personal service may not be used to represent any such program, initiatives, equipment, or other activities or expenditures required to be reported pursuant to this paragraph;
4. a list of all capital projects, programs, initiatives, equipment, or other activities, including all pilot programs, that received public funding during the reporting period and also received a donation from a covered donor.
(L.L. 2024/025, 1/20/2024, eff. 1/20/2024)
a. Definitions. For purposes of this section, the following terms have the following meanings:
Investigative encounter. The term “investigative encounter” means an interaction between a member of the department and a member of the public for a law enforcement or investigative purpose. The term does not include a casual conversation or interaction between a member of the department and a member of the public unless such conversation or interaction is based on or, in the course of such conversation or interaction, an officer develops: an objective credible reason to approach; a founded suspicion that such member of the public has engaged in or will engage in criminal activity; a reasonable suspicion that such member of the public has committed, is committing, or is about to commit a crime; or a reasonable cause to believe that an offense is being or has been committed.
Level I encounter. The term “level I encounter” means an investigative encounter in which a member of the department requests information from a member of the public based on an objective credible reason for such encounter, and need not necessarily require any suspicion of criminal activity.
Level II encounter. The term “level II encounter” means an investigative encounter in which a member of the department requests information from a member of the public based on a founded suspicion that such member of the public has engaged in or will engage in criminal activity, and during which a reasonable person would feel free to leave.
Level III encounter. The term “level III encounter” means an investigative encounter in which a member of the department requests information from a member of the public based on a reasonable suspicion that such member of the public has committed, is committing, or is about to commit a crime, and during which a reasonable person would not feel free to leave.
Use of force incident. The term “use of force incident” has the same meaning as set forth in subdivision a of section 14-158.
b. Within 30 days of the quarter ending September 30, 2024, and thereafter within 30 days of the end of each quarter, the department shall submit to the mayor, the public advocate and the speaker of the council and post on its website a report for the previous quarter regarding investigative encounters conducted by the department. Such report shall include, but need not be limited to, the following:
1. The total number of level I encounters;
2. The total number of level II encounters;
3. The total number of level III encounters.
c. The information required pursuant to subdivision b of this section shall be disaggregated by the precinct in which such encounter occurred, and further disaggregated by each of the following:
1. The apparent race/ethnicity, gender, and age of the member of the public involved in the investigative encounter;
2. The reason for the investigative encounter, including the conduct or offense or other circumstances that formed the basis for the investigative encounter;
3. Whether the investigative encounter was based on observations made by a member of the department, a response to a dispatch from a police radio, information provided by a witness, or on another basis;
4. Whether a criminal or civil summons was issued to the member of the public involved in the investigative encounter, or whether an arrest of such person was made;
5. Whether a use of force incident involving such member of the public occurred during such encounter; and
6. Whether a level III encounter with such member of the public began as a level I or level II encounter, and whether a level II encounter with such member of the public began as a level I encounter.
d. The information required pursuant to this section shall be stored permanently and shall be accessible from the department’s website. The information shall be provided in a format that permits automated processing. Each report shall include a comparison of the current reporting period to the prior four reporting periods, where such information is available.
(L.L. 2024/043, 1/30/2024, eff. 1/30/2024)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Chancellor. The term “chancellor” means the chancellor of the city school district of the city of New York.
Crisis intervention team. The term “crisis intervention team” means school staff trained in the use of de-escalation techniques who respond to behavioral crises or other crises within schools pursuant to chancellor’s regulation A-411 or any successor regulation or provision.
De-escalation technique. The term “de-escalation technique” means a method used to respond to a student in emotional crisis or other potentially dangerous or harmful situation in a school, such as verbal communication, body language, or active listening.
Mechanical restraints. The term “mechanical restraints” means any device or material attached to the body of a person that restricts the movement of such person or any portion of such person’s body, and that such person cannot easily remove, including but not limited to metal, cloth, velcro, or plastic handcuffs.
Physical injury. The term “physical injury” has the same meaning as set forth in section 10.00 of the penal law.
Precinct officer. The term “precinct officer” means a uniformed member of the department who is not assigned to the school safety division of the department.
Principal. The term “principal” means the principal of a school of the department of education, or such principal’s designee.
School safety personnel. The term “school safety personnel” means civilian personnel employed by the department to provide security and ensure the safety of students, faculty, and visitors in a school, or a uniformed member of the department who is assigned to the school safety division of the department.
Serious physical injury. The term “serious physical injury” has the same meaning as set forth in section 10.00 of the penal law.
Student in emotional crisis. The term “student in emotional crisis” means a student in a school who is displaying an emotional or behavioral reaction to the student’s surroundings or circumstances that escalates or intensifies and exceeds the student’s ability to cope and self-regulate.
b. Except when necessary to prevent an imminent and substantial risk of physical injury to any person, school safety personnel or a precinct officer shall not respond to a student in emotional crisis unless responding to a 911 call, or unless a request to intervene has been received from the principal of the school or, where applicable, a member of the crisis intervention team of the school.
c. School safety personnel or a precinct officer responding to a student in emotional crisis following a request to intervene from the principal of the school, or where applicable, a member of the crisis intervention team of the school, shall:
1. Inquire of school staff: (i) what de-escalation techniques school staff used before contacting such school safety personnel or such precinct officer; (ii) whether the parent or guardian of such student has been contacted; and (iii) whether the student has a disability or other medical, mental, physical, or emotional condition, if known;
2. Inquire of school staff whether the crisis intervention team of such school has been contacted and whether the crisis intervention plan of such school has been followed prior to the request to intervene being made to the school safety personnel or precinct officer;
3. Use mechanical restraints on such student only where such school safety personnel or such precinct officer determines that the behavior of such student creates an imminent and substantial risk of physical injury to such student or any other person, and shall limit the duration of such use to the period of time that the behavior of such student presents such risk; provided that, where practicable, such school safety personnel or such precinct officer shall consult with the crisis intervention team, where applicable, regarding such determination; and
4. Request emergency medical services only where: (i) such school safety personnel or such precinct officer determines that the behavior of such student creates an imminent and substantial risk of physical injury to such student or any other person and that the use of de-escalation techniques to manage such behavior would not be successful; or (ii) any person requires medical attention; provided that, where practicable, such school safety personnel or such precinct officer shall notify and consult with the principal of such school, or where applicable, a member of the crisis intervention team of such school, prior to contacting emergency medical services.
d. School safety personnel or a precinct officer responding to a student in emotional crisis as the result of a 911 dispatch or a request to intervene from a person other than the principal of the school or a member of the crisis intervention team of the school shall:
1. Notify the principal of such school if such principal is not aware of the incident;
2. Request the presence of members of the crisis intervention team of such school;
3. Inquire of school staff whether the crisis intervention plan of such school has been followed prior to the 911 dispatch or request to intervene being made to the school safety personnel or precinct officer;
4. Use mechanical restraints on such student only where such school safety personnel or such precinct officer determines that the behavior of such student creates an imminent and substantial risk of physical injury to such student or any other person, and shall limit the duration of such use to the period of time that the behavior of such student presents such risk; provided that, where practicable, such school safety personnel or such precinct officer shall consult with the crisis intervention team, where applicable, regarding such determination; and
5. Request emergency medical services only where: (i) such school safety personnel or such precinct officer determines that the behavior of such student creates an imminent and substantial risk of physical injury to such student or any other person and that the use of de-escalation techniques to manage such behavior would not be successful; or (ii) any person requires medical attention; provided that, where practicable, such school safety personnel or such precinct officer shall notify and consult with the principal of such school, or where applicable, a member of the crisis intervention team of such school, prior to contacting emergency medical services.
e. Subdivisions b, c, and d of this section shall not apply where a student in emotional crisis presents an imminent and substantial risk of serious physical injury to such student or to any other person.
f. In all incident reports filed by school safety personnel or a precinct officer following a response to a student in emotional crisis as described in this section, such school safety personnel or such precinct officer shall document:
1. De-escalation techniques used by such school safety personnel or such precinct officer;
2. Where applicable, the title of any school staff who called such school safety personnel or such precinct officer;
3. Where emergency medical services were requested, whether school staff or such school safety personnel or such precinct officer requested such services;
4. Whether a clinically trained mental health professional was available onsite;
5. Whether the parent or guardian of the student in emotional crisis was notified prior to the response to such student;
6. Where applicable, whether the parent or guardian of such student objected to the provision of medical services to such student; and
7. Whether such student or any other person suffered physical injury.
g. This section shall not be construed in a manner inconsistent with the requirements and procedures of article 55 of the education law or actions taken in accordance with such article.
h. Nothing contained in this section or in the administration or application hereof shall be construed as creating any private right of action on the part of any person or entity against the city or the department, or any official or employee thereof.
i. No later than October 1, 2024, and no later than October 1 of each year thereafter, the department shall submit to the speaker of the council and the mayor and post on the department’s website a report on any training for school safety personnel to identify a student in emotional crisis, or any training on the impacts of trauma on child development, including the identification of any outside expert consulted to develop such training and a description of the format of each component of such training. Such report shall also include the following information for the previous academic year:
1. The number of school safety personnel who received such training; and
2. The number of school safety personnel who successfully demonstrated proficiency on the subject matter contained in such training.
(L.L. 2024/017, 1/20/2024, eff. 7/18/2024)