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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)
a. The term "clearance rate" means the number of specific crimes where at least one person has been arrested, not including voided arrests, divided by the total number of such crimes reported.
b. No later than 30 days after the quarter ending December 31, 2017 and 30 days after every quarter thereafter, the department shall publish on the department's website a report for the prior quarter, which shall include a report for each borough, of the clearance rate for the following crimes:
1. Homicide as defined in article 125 of the penal law;
2. Rape as defined in article 130 of the penal law;
3. Robbery as defined in article 160 of the penal law;
4. Felony assault as defined in article 120 of the penal law;
5. Burglary as defined in article 140 of the penal law;
6. Grand larceny as defined in article 155 of the penal law; and
7. Grand larceny involving the theft of a motor vehicle as defined in article 155 of the penal law.
(L.L. 2018/042, 1/11/2018, eff. 1/11/2018)
a. No later than 30 days after the quarter ending December 31, 2017 and 30 days after every quarter thereafter, the department shall publish on the department's website a report for the prior quarter, which shall include:
1. The total number of arrests under subdivision 3 of section 165.15 of the penal law that occurred in a New York city transit authority station in total and disaggregated by the (a) transit bureau district; (b) New York city transit authority station; (c) race, sex and age group of the arrestee, including but not limited to disaggregation of arrestees under the age of 18; and (d) whether the arrestee was issued a desk appearance ticket or was the subject of a live arrest.
2. The total number of summonses returnable to the transit adjudication bureau issued for subway fare evasion as defined in section 1050.4 of title 21 of the New York codes, rules and regulations in total and disaggregated by (a) transit bureau district; (b) the New York city transit authority station; and (c) race, sex and age group of the violator, including but not limited to disaggregation of violators under the age of 18.
b. The department shall publish on its website the department's policy with respect to determining whether an individual is issued a summons returnable to the transit adjudication bureau or a criminal summons.
c. Data pursuant to paragraphs 1 and 2 of subdivision a of this section shall be stored permanently, and shall be accessible from the department's website in a format that permits automated processing.
(L.L. 2018/047, 1/11/2018, eff. 1/11/2018)
a. Definitions. As used in this section, the following terms have the following meanings:
Fare evasion. The term “fare evasion” means a violation of subdivision 3 of section 165.15 of the penal law occurring in a subway station, bus or other facility or conveyance operated by the transit authority, or a violation of section 1050.4 of title 21 of the New York codes, rules and regulations.
Reduced fare program. The term “reduced fare program” means the program established pursuant to chapter 12 of title 68 of the rules of the city of New York to provide a discount on designated city transit options, including subway or bus service.
Transit authority. The term “transit authority” means the New York city transit authority.
b. The department shall, on a monthly basis, transmit to the human resources administration/department of social services the name and address of any natural person issued a summons for fare evasion during the preceding quarter.
c. The human resources administration/department of social services shall develop informational materials on the reduced fare program, and shall distribute such materials to any natural person whose name and address is transmitted to the human resources administration / department of social services pursuant to subdivision b provided that such person has not previously been provided with such materials pursuant to this section. Such materials shall include, but need not be limited to:
1. The eligibility criteria for the reduced fare program;
2. The amount of any discount provided by such program; and
3. The application procedures for such program.
(L.L. 2024/030, 1/20/2024, eff. 5/19/2024)
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