Loading...
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)
a. The department shall publish the patrol guide on the department's website.
b. No later than 24 hours after any amendment to the patrol guide, the department shall update the patrol guide on the department's website to reflect such amendment and shall conspicuously note the amended sections and their effective dates. Failure to timely publish amendments to the patrol guide shall not affect the validity of the patrol guide or its amendments.
c. Notwithstanding subdivisions a and b of this section, the department shall not be required to publish:
1. Any material that would reveal non-routine investigative techniques or confidential information; or
2. Any material that, if published, could compromise the safety of the public or police officers, or could otherwise compromise law enforcement investigations or operations.
(L.L. 2016/129, 10/31/2016, eff. 1/29/2017)
a. Definitions. As used in this section, the following terms have the following meanings:
Automated external defibrillation. The term "automated external defibrillation" is defined pursuant to subdivision 1 paragraph a of section 3000-b of the public health law.
Cardiopulmonary resuscitation. The term "cardiopulmonary resuscitation" is defined pursuant to subdivision 4 of section 2961 of the public health law.
b. Training. The department shall identify when cardiopulmonary resuscitation and automated external defibrillation training is appropriate and provide all relevant staff such training and re-training. The curriculum of such training and re-training shall, where practicable, be consistent with standards developed by a nationally recognized organization or association.
c. Cardiopulmonary resuscitation report. No later than March 1, 2017 and every March 1 thereafter, the department shall publish on the department's website and provide to the council, a report which shall include:
1. the total number of uniformed officers assigned to a patrol precinct, transit district, or police service area in the past calendar year, disaggregated by: (a) the total number trained in cardiopulmonary resuscitation; (b) the total number of officers newly trained in cardiopulmonary resuscitation in the past calendar year; (c) the total number of officers re-trained in cardiopulmonary resuscitation in the past calendar year; and
2. the total number of school safety agents, disaggregated by: (a) the total number trained in cardiopulmonary resuscitation; (b) the total number of school safety agents newly trained in cardiopulmonary resuscitation in the past calendar year; and (c) the total number of school safety agents re-trained in cardiopulmonary resuscitation in the past calendar year.
d. Automated external defibrillator report. No later than March 1, 2017 and every March 1 thereafter, the department shall publish on the department's website and provide to the council, a report which shall include:
1. the total number of uniformed officers assigned to a patrol precinct, transit district, or police service area in the past calendar year, disaggregated by: (a) the total number of officers trained in automated external defibrillator; (b) the total number of officers newly trained in automated external defibrillator in the past calendar year; (c) the total number of officers re-trained in automated external defibrillator in the past calendar year; and
2. the total number of school safety agents, disaggregated by: (a) the total number of school safety agents trained in automated external defibrillator; (b) the total number of school safety agents newly trained in automated external defibrillator in the past calendar year; and (c) the total number of school safety agents re-trained in automated external defibrillator in the past calendar year.
Such reports shall be stored permanently on the department's website and shall be provided in a format that permits automated processing where appropriate.
(L.L. 2016/137, 11/16/2016, eff. 11/16/2016)
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Action. The term "action" means a nuisance abatement action.
Nuisance abatement action. The term "nuisance abatement action" means any civil proceeding in which the department acts as a "department or agency" pursuant to subdivision (a) of section 7-706.
Type of nuisance. The term "type of nuisance" means the public nuisance, as defined in a subdivision of section 7-703, intended to be abated by a nuisance abatement action.
b. Reporting. No later than January 31, 2018 and no later than each January 31 and July 31 thereafter, the department shall post on its website, and provide notification of such posting to the council and the mayor, a report regarding nuisance abatement actions for the six month period ending the month prior to the month during which such report is due. This report shall include, but not be limited to, the following information:
1. For all actions, in total and disaggregated by the type of nuisance: the number of actions filed and the number of actions settled.
2. For all actions, in total and disaggregated by the type of nuisance:
(a) the number of temporary closing orders and temporary restraining orders sought and the number granted, in total and disaggregated by the type of order;
(b) the percentage of actions including an application for a temporary closing order or a temporary restraining order, in total and disaggregated by the type of order;
(c) the percentage of applications for temporary closing orders and temporary restraining orders that are denied, in total and disaggregated by the type of order;
(d) the number of applications for preliminary injunctions sought and the number granted;
(e) the percentage of actions including an application for a preliminary injunction; and
(f) the percentage of applications for preliminary injunctions that are denied.
3. For all actions in which an application for a preliminary injunction is denied, the percentage in which the department withdraws the action.
4. In total and disaggregated by the type of nuisance, the number and percentage of actions in which a search warrant had been executed for conduct substantially similar to the type of nuisance.
5. The mean and median amount of time between which a nuisance occurs and an application for an action is filed, in total and disaggregated by type of nuisance, provided that for any type of nuisance requiring multiple instances of a nuisance occurring, the report shall include the mean and median amount of time between both the first and last such instance.
6. The number, in total and disaggregated by type of nuisance, of: (a) actions filed, disaggregated by precinct; and (b) 311, 911, and other complaints of nuisances of the type alleged in such actions, disaggregated by precinct.
c. The information required pursuant to subdivision b for each reporting period shall be stored permanently and shall be accessible from the department's website, and 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. 2017/040, 3/18/2017, eff. 3/18/2017)
a. Definitions. As used in this section, the following terms have the following meanings:
Collision report. The term "collision report" means the report prepared by an employee of the department relating to the facts of an automobile collision pursuant to section 603 of the vehicle and traffic law.
Interested party. The term "interested party" means an individual named on a collision report who has provided their driver's license number, date of birth, license plate number, and license plate state of issuance to an employee of the department preparing a collision report.
b. Sharing collision reports. A collision report shall be made available online to an interested party through a single web portal located on the department's website.
(L.L. 2017/057, 3/21/2017, eff. 4/20/2017)
The department, to the extent practicable and in a manner consistent with all applicable laws and officer safety, shall offer individuals while in the department's custody and due to be arraigned within 24 hours the opportunity to obtain personal contact information that such individual may require and which is stored in such individual's personal property, provided that any member of the department who requests access to such individual's property pursuant to this section shall request access only for the purpose of obtaining such contact information and for no other purpose. The provisions of this section shall not permit a person in the department's custody and due to be arraigned within 24 hours access to such property for any purpose other than obtaining personal contact information, or to "arrest evidence" as defined in the rules of the city of New York, or to any property that constitutes relevant evidence of a crime.
(L.L. 2017/126, 7/22/2017, eff. 1/18/2018)
a. Definitions. As used in this section, the following terms have the following meanings:
Retained property. The term "retained property" means: (i) property other than U.S. currency that the department has obtained an ownership interest in; or (ii) U.S. currency that the department has obtained an ownership interest in that has been transferred to the general fund of the city, pursuant to section 14-140 either because the ownership interest in such U.S. currency has been waived or forfeited, or because such U.S. currency remains unclaimed after the applicable legal period for claiming such U.S. currency has expired.
Seized property. The term "seized property" means property over which the property clerk of the department has obtained custody pursuant to section 14-140, the ownership of which has not been adjudicated, that is held for safekeeping, as arrest evidence, for forfeiture or as investigatory evidence.
b. Report. On or before July 1, 2019, the department shall post on the department's website a report providing data on seized property and retained property pursuant to this section for the preceding six months. Beginning on March 1, 2020 and every March 1 thereafter, the department shall post on the department's website an annual report providing data on seized property and retained property pursuant to this section for the preceding calendar year, which shall include the following:
1. The total amount of seized property in the form of U.S. currency, disaggregated by:
(a) The dollar amount of such U.S. currency classified and held for safekeeping, disaggregated by the borough, police precinct and month in which such property was vouchered, noting the dollar amount returned to claimants;
(b) The dollar amount of such U.S. currency classified and held as arrest evidence, disaggregated by the borough, police precinct and month in which such property was vouchered, noting the dollar amount returned to claimants;
(c) The dollar amount of such U.S. currency held for forfeiture, disaggregated by the borough, police precinct and month that such property was vouchered, noting the dollar amount returned to claimants;
(d) The dollar amount of such U.S. currency held as investigatory evidence, disaggregated by the borough, police precinct and month that such property was vouchered, noting the dollar amount returned to claimants;
(e) The dollar amount of such U.S. currency that has become property retained by the department after a settlement agreement entered into between the department and claimants for such currency;
(f) The dollar amount of such U.S. currency that has become property retained by the department after a judgment in a civil forfeiture proceeding;
(g) The dollar amount of such U.S. currency returned by the department to the claimant following a dismissal, judgment, or settlement in a civil forfeiture proceeding pursuant to section 14-140; and
(h) The dollar amount of such currency that has become retained property because no person retrieved such currency;
2. The total number of seized property items in the form of registered motor vehicles, disaggregated by:
(a) The number of such vehicles classified and held for safekeeping, disaggregated by the borough, police precinct and the month that such property was vouchered, and the number of such vehicles returned to claimants;
(b) The number of such vehicles classified and held as arrest evidence, disaggregated by the borough, police precinct and month that such property was vouchered, and the number of such vehicles returned to claimants;
(c) The number of such vehicles classified and held for forfeiture, disaggregated by the borough, police precinct and month that such property was vouchered, and the number of such vehicles returned to claimants;
(d) The number of such vehicles classified and held as investigatory evidence, disaggregated by the borough, police precinct and month that such property was vouchered, and the number of such vehicles returned to claimants;
(e) The number of such vehicles that have become property retained by the department after a settlement or judgment in a civil forfeiture proceeding;
(f) The number of such vehicles that have become property retained by the department because no person retrieved such vehicle within the applicable legal period;
(g) The revenue generated by liquidation of such vehicles that have become retained property, the number of such vehicles liquidated and the entity contracted to liquidate such vehicles on behalf of the department; and
(h) The number of such vehicles that were returned by the department to vehicle claimants following a dismissal, judgment, or settlement in a civil forfeiture proceeding pursuant to section 14-140;
3. The number of the following other items of seized property:
(a) Cellular telephones, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of such telephones returned to the claimant or their designee;
(b) Clothing items, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of clothing items returned to the claimant or their designee;
(c) Wallets, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of wallets returned to the claimant or their designee;
(d) Sets of keys, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of sets of keys returned to the claimant or their designee;
(e) Identification documents, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of identification documents returned to the claimant or their designee; and
(f) Non-perishable peddler property items, as designated by the property clerk, that are not illegal contraband, disaggregated by the borough, police precinct and month that such property was vouchered, and further disaggregated by the number of peddler property items returned to the claimant or their designee;
4. For the property specified in paragraphs 1, 2 and 3 of this section that is returned during the reporting period, and to the extent such information is available, further disaggregation by:
(a) The number of claimants or their designees who retrieved their property within six months of its seizure;
(b) The number of claimants or their designees who retrieved their property between six months and up to one year of its seizure;
(c) The number of claimants or their designees who retrieved their property between one year and up to two years of its seizure;
(d) The number of claimants or their designees who retrieved their property between two years and up to three years of its seizure; and
(e) The number of claimants or their designees who retrieved their property three years or more after its seizure;
5. The revenue generated by liquidation of retained property, other than registered motor vehicles and U.S. currency, and the entity contracted to liquidate such property on behalf of the department;
6. The amount of U.S. currency obtained by the department through disbursement from the district attorney pursuant to state forfeiture laws; and
7. The amount of U.S. currency obtained by the department through disbursement from the department of justice pursuant to federal forfeiture laws.
c. The reports produced pursuant to this section shall be stored permanently, and shall be accessible from the department's website in a format that permits automated processing.
(L.L. 2017/131, 8/8/2017, eff. 8/8/2017 and 1/1/2019)
The department shall make best efforts to provide records necessary to rectify erroneous criminal records related to voided arrests within three business days of the request for such records, provided that such request includes sufficient information for the department to identify such arrest and such records are in the custody of the department. For the purpose of this section, the term "voided arrest" means any instance in which the department forwards fingerprints of an individual pursuant to section 160.20 of the criminal procedure law, and the department does not refer such individual for criminal prosecution pursuant to section 140.20 of the criminal procedure law.
(L.L. 2018/021, 12/31/2017, eff. 1/30/2018)
Loading...