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a. Definitions. As used in this section, the following terms have the following meanings:
Excessive force. The term "excessive force" means force that has been found by the department to be, considering the totality of the circumstances in which it is used, greater than that which a reasonable officer, in the same situation, would use under the circumstances that existed and were known to the officer at the time such force was used.
Use of force incident. The term "use of force incident" means any instance where a member of the department, while taking police action, responds to an incident or condition and takes action in a manner intended to have an immediate effect on the body of another person, and consists of the following categories: (i) the use of hand strikes, foot strikes, forcible take-downs or the wrestling of the subject to the ground; (ii) the discharge of oleoresin capsicum spray; (iii) the deployment of a conducted electrical weapon; (iv) the use of a mesh restraining blanket to secure an individual; (v) the intentional striking of a person with any object, including a baton or other equipment; (vi) a police canine bite; and (vii) the use of physical force that is readily capable of causing death or serious physical injury, including the discharge of a firearm.
b. Use of force incident report. No later than February 1, 2017, and no later than 30 days after the end of each quarter thereafter, the department shall post on its website and deliver to the council a report containing the following information for the prior quarter:
1. The number of use of force incidents, in total and disaggregated by: (a) the category of use of force incident; (b) the precinct or other departmental unit to which the officer who used such force was assigned; and (c) whether or not the officer was on duty at the time of the use of force.
2. The number of injuries to an officer or civilian resulting from a police and civilian interaction involving a use of force incident, in total and disaggregated by the following categories: (a) physical injury, such as minor swelling, contusion, laceration, abrasion or complaint of substantial contracted pain; (b) substantial physical injury, such as a significant contusion or laceration that requires sutures or any injury that requires treatment at a hospital emergency room; and (c) serious physical injury, such as a broken or fractured bone, gunshot wound, heart attack, stroke, or any injury requiring hospital admission. Such injuries shall also be disaggregated by the precinct or other departmental unit to which the officer who used such force was assigned, whether such officer was on duty at the time the injury was sustained, whether the injury was sustained by an officer or civilian, and, if known, whether the injury was caused by an officer or civilian.
c. No later than May 1, 2017, and thereafter on an annual basis, the department shall post on its website and deliver to the council a report that contains the information in paragraphs 1 and 2 of subdivision b of this section for the previous calendar year. Such report shall also include the number of incidents involving the use of excessive force for the previous calendar year, in total and disaggregated by:
1. the category of use of force incident, where applicable, and whether the use of excessive force involved the drawing or displaying of a firearm in a manner determined to be excessive force;
2. the precinct or other departmental unit to which the officer who used such excessive force was assigned;
3. whether or not such officer was on duty at the time of the use of excessive force; and
4. if available, dispositions of departmental charges brought against officers for the use of excessive force.
d. The reports produced pursuant to subdivisions b and c shall be stored permanently and shall be accessible from the department's website, and the quarterly report produced pursuant to subdivision b shall be provided in a format that permits automated processing. Each quarterly report produced pursuant to subdivision b shall include a comparison of the information for the current quarter to the information in the same quarter in each of the prior three years, where such prior information is available.
(L.L. 2016/085, 8/3/2016, eff. 8/3/2016)
a. Definitions. The following terms have the following meanings:
Basis for encounter. The term "basis for encounter" means the conduct, offense or reason which formed the basis for the initial approach by a member of the department that led to police action, including an arrest, criminal summons, civil summons, or desk appearance ticket.
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. Use of force encounter report. The department shall post on its website within 30 days of the beginning of each quarter a report of the number of use of force incidents for the prior quarter disaggregated by basis for encounter.
(L.L. 2016/086, 8/3/2016, eff. 8/3/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/086.
No later than October 1, 2016, and every year thereafter no later than February 1 of each such year, the department shall post on its website a report that includes, for each precinct, housing police service area and transit district, the total number and percentage of active duty officers who:
a. have had two or more cases substantiated by the civilian complaint review board in the last three calendar years;
b. were subject to an internal affairs investigation that resulted in the officer's suspension from employment within the last five calendar years;
c. have been found by the department to have used excessive force, as such term is defined in subdivision a of section 14-158, in the last three calendar years, where such information is available pursuant to subdivision c of such section; or
d. have been arrested as a result of actions taken while on duty or related to an officer's job function, in the last ten calendar years, provided that nothing in this subdivision shall require the reporting of records that have been sealed.
(L.L. 2016/088, 8/3/2016, eff. 8/3/2016)
a. The department shall collect and post the following data on its website:
1. the number of domestic violence radio runs;
2. the number of reported murders related to domestic violence;
3. the number of reported rapes related to domestic violence;
4. the number of reported felonious assaults related to domestic violence;
5. the number of reported hate crimes;
6. the number of reported murders determined by the police department to be hate crimes;
7. the number of reported felonious assaults determined by the police department to be hate crimes;
8. the number of reported complaints and murders determined by the police department to be related to domestic violence that were reported to have taken place on the property of the New York city housing authority, shall be reported in total and disaggregated by precinct and public housing development;
9. the percentage of reported felony crimes determined by the police department to be related to domestic violence; and
10. the number and percentage of domestic incident reports prepared for all crimes determined by the police department to be related to domestic violence that involved intimate partners.
11. The number of complaints and arrests classified as a hate crime disaggregated by:
(a) race, sex, and age of the arrestee; and
(b) type of animus towards a targeted group that allegedly formed the motive for such hate crime, evidencing a belief or perception regarding a person's identity, regardless of whether such belief or perception is correct, with respect to the following categories:
(1) Anti-Black;
(2) Anti-Caucasian;
(3) Anti-Hispanic;
(4) Anti-Asian;
(5) Anti-Ethnic;
(6) Anti-Semitic;
(7) Anti-Muslim;
(8) Anti-Religion;
(9) Anti-Gender Identity;
(10) Anti-Sexual Orientation;
(11) Anti-disability; and
(12) Anti-Other.
(c) Clauses (5), (8), (11) and (12) shall be further disaggregated by identifying the particular group that is the target of the animus in the event any particular group is targeted at least nine times in total in four consecutive quarters.
b. The data specified in subdivision a shall be posted on the department's website in the following manner:
1. The data required by paragraphs 1, 3 and 4 shall be reported in total and disaggregated by precinct and reported monthly, quarterly and annually. The first such monthly report shall be posted no later than 30 days after January 1, 2017, the first such quarterly report shall be posted no later than 30 days after the quarter ending March 31, 2017 and the first such annual report shall be posted no later than 30 days after January 1, 2018.
2. The data required by paragraph 8 shall be reported semi-annually and annually. The first such semi-annual report shall be posted no later than 30 days after January 1, 2017, and within 30 days after every January 1 and June 30 thereafter, and the first such annual report shall be posted no later than 30 days after January 1, 2018.
3. The data required by paragraph 10 shall be reported quarterly and annually. The first such quarterly report shall be posted within 30 days after the quarter ending on September 30, 2017, and the first such annual report shall be posted no later than 30 days after January 1, 2019.
4. The data required by paragraphs 2, 5 through 7, 9 and 11 shall be reported in total and disaggregated by precinct and reported quarterly and annually. The first such quarterly report shall be posted no later than 30 days after the quarter ending on March 31, 2017, and the first such annual report shall be posted no later than 30 days after January 1, 2018.
c. For purposes of this section, the term "hate crime" has the meaning ascribed to it by section 485.05 of the New York penal law.
d. The data reported pursuant to this section shall remain on the department's website for no fewer than 2 years.
(L.L. 2016/110, 9/28/2016, eff. 9/28/2016; Am. L.L. 2016/111, 9/28/2016, eff. 9/28/2016; Am. L.L. 2016/112, 9/28/2016, eff. 9/28/2016; Am. L.L. 2016/130, 10/31/2016, eff. 10/31/2016)
a. Definitions. As used in this section, the following terms have the following meanings:
Major felony. The term "major felony" means any of the following offenses: murder, including penal law sections 125.25, 125.26, and 125.27, non-negligent manslaughter, including penal law sections 125.12, 125.13, 125.14, 125.15, 125.20, 125.21, and 125.22, sex offenses, including penal law sections 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.65, 130.65-a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.91, 130.95, and 130.96, robbery, including penal law sections 160.05, 160.10, and 160.15, burglary, including penal law sections 140.20, 140.25, and 140.30, felony assault, including penal law sections 120.01, 120.02, 120.05, 120.06, 120.07, 120.08, 120.09, 120.10, 120.11, and 120.12, firearm and weapons possession and use, including penal law sections 265.01-A, 265.01-B, 265.02, 265.03, 265.04, 265.08 and 265.09, shooting incidents, and possession and sale of a controlled substance, including penal law sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, and 220.43.
Neighborhood tabulation area. The term "neighborhood tabulation area" means a geographic area that is no larger than a community district and comprised of two or more census tracts.
Priority area. The term "priority area" means a geographic area, no larger than a precinct sector, designated by the department, in which the previous fiscal year's major felony crime data indicates that the area has experienced a high occurrence of crime relative to the occurrence of crime experienced by the city as a whole.
Support service agency. The term "support service agency" includes but need not be limited to the following city agencies: (i) the human resources administration, (ii) the administration for children services, (iii) the department of homeless services, (iv) the office to end domestic and gender-based violence, (v) the department of youth and community development, (vi) the department of education, (vii) the department of buildings, (viii) the department of housing preservation and development, (ix) the fire department, (x) the New York city housing authority, and (xi) the department of health and mental hygiene.
b. Priority area report. By September 1 of each year, the commissioner shall prepare an annual report for the prior fiscal year identifying the top 35 priority areas, and shall present such report to the mayor, the council, and support service agencies. The report shall include a map of each priority area and the total number of major felonies reported within each such priority area, disaggregated by the type of crime committed. Such report shall include a comparison of the number of major felonies reported in any priority area identified in the previous year's report prepared pursuant to this subdivision.
c. By November 1 of each year, support service agencies shall report, to the council and a deputy mayor or head of an office or agency designated by the mayor, the current services offered in any neighborhood tabulation area in which 20 percent or greater of the population is below the poverty line as defined by the American Community Survey and that overlaps with or is contiguous to a priority area.
d. By December 1 of each year, such deputy mayor or head of an office or agency shall coordinate with appropriate support service agencies to develop a coordinated, multi-agency plan to provide necessary social services in the priority areas identified in the report prepared pursuant to subdivision b of this section. The plan, which shall be provided to the council, shall include an overview of the current services offered by support service agencies and reported pursuant to subdivision c of this section, and an analysis to determine the specific services needed along with a plan for coordination and collaboration between the support service agencies to provide such services in each priority area.
(L.L. 2016/055, 5/10/2016, eff. 5/10/2016; Am. L.L. 2016/124, 10/18/2016, eff. 4/18/2017; Am. L.L. 2019/038, 2/24/2019, eff. 2/24/2019)
a. Definitions. When used in this section, the following terms shall have the following meanings:
Arrestee. The term "arrestee" means any person under custodial arrest by the department, other than a person whose arrest results in the issuance of a summons or desk appearance ticket.
Health care provider. The term "health care provider" means any person licensed or certified under federal or New York state law to provide medical services, including but not limited to doctors, nurses and emergency personnel.
b. Medical treatment report. Whenever an arrestee is treated by a health care provider while in the custody of the department, the department shall create a report. Such report shall include a brief description of the arrestee's medical condition, to the extent known by the department, the arrestee's name and other identifying information regarding that arrestee, including but not limited to the arrestee's New York state identification number and date of birth, when available, and identity of the health care provider. Such report shall be transmitted to the department of health and mental hygiene or its designee whenever an arrestee is taken into the custody of the department of correction.
(L.L. 2016/124, 10/18/2016, eff. 4/18/2017)
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