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Section 808. Evaluation and recommendations.*
* Editor's note: there are two sections numbered as Section 808.
   a.   For the purposes of this section, the following terms have the following meanings:
      "Actions, claims, complaints, and investigations" means information regarding civil actions reported pursuant to section 7-114 of the administrative code; notices of claim filed against the police department or individual police officers, or both, received by the comptroller; settlements of claims filed against the police department or individual police officers, or both, by the comptroller; complaints received and investigations conducted by the civilian complaint review board; closed investigations conducted by the police department; reviews of police department investigations conducted by the commission to combat police corruption; complaints received pursuant to section 804; any criminal arrests or closed investigations of individual police officers known to the police department for actions taken while on duty; and claims of bias-based profiling established pursuant to section 14-151 of the code.
      "Inspector general for the police department" means the individual responsible for implementing the duties set forth in paragraph 1 of subdivision c of section 803.
   b.   The inspector general for the police department shall, working with the law department, the comptroller, the police department, the civilian complaint review board, the commission to combat police corruption, and the commission on human rights collect and evaluate information regarding allegations or findings of improper police conduct and develop recommendations relating to the discipline, training, and monitoring of police officers and related operations, policies, programs, and practices of the police department, including, but not limited to, any system that is used by the police department to identify police officers who may be in need of enhanced training or monitoring. In developing such recommendations, the inspector general for the police department shall consider, at a minimum, the following information:
      1.   patterns or trends identified by analyzing actions, claims, complaints, and investigations, including, but not limited to, any patterns or trends regarding precincts and commands;
      2.   comparisons of closed actions reported pursuant to section 7-114 of the administrative code with information concerning any incidents alleged to have given rise to such civil actions contained in other closed actions, claims, complaints, and investigations, as applicable;
      3.   steps taken by the police department in response to actions, claims, complaints, and investigations, including investigations conducted, disciplinary actions, or changes in its operations, policies, programs, and practices;
      4.   any recommendations issued by the comptroller, the civilian complaint review board, the commission to combat police corruption, and the commission on human rights related to actions, claims, complaints, and investigations, including, but not limited to, recommendations regarding reporting on civil actions required pursuant to section 7-114 of the administrative code;
      5.   a review of criteria included in any system that is used by the police department to identify police officers who may be in need of enhanced training or monitoring and outcomes resulting from utilization of such system; and
      6.   information on collaboration and information sharing procedures of the police department with the law department, the comptroller, the civilian complaint review board, the commission to combat police corruption, and the commission on human rights.
   c.   Any written evaluations or recommendations developed by the inspector general for the police department pursuant to subdivision b of this section shall be made available on the website of such individual's office by April 30, 2018 and annually thereafter until May 1, 2020, after which such recommendations shall be issued every three years.
   d.   Nothing in this section shall be construed to limit the authority of either the police commissioner or the commissioner of investigation.
   e.   All information collected, reviewed, or included in the evaluations or recommendations issued pursuant to this section shall be subject to the protections set forth in paragraph 3 of subdivision c of section 803.
   f.   Nothing in this section shall be construed to require the police department to provide any information or documents pertaining to an ongoing criminal, civil, or administrative investigation or proceeding, or to disclose information regarding an individual that has requested their identity remain confidential following a report to the department of improper police conduct by another department officer or employee, concerning such officer or employee's office or employment, except as required by law.
   g.   This section shall be construed in accordance with all applicable laws, including, but not limited to, section 50-a of the civil rights law.
(L.L. 2017/166, 9/8/2017, eff. 9/8/2017)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2017/166.