Assembly Bill A10184

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10184

                          I N  A S S E M B L Y

                             March 10, 2010
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Codes

AN  ACT  to amend the criminal procedure law and the mental hygiene law,
  in relation to the powers of chief safety officers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  34 of section 1.20 of the criminal procedure
law is amended by adding a new paragraph (w) to read as follows:
  (W) A CHIEF SAFETY OFFICER DESIGNATED BY THE  COMMISSIONER  OF  MENTAL
HEALTH  AND  THE  DIRECTORS  OF  IN-PATIENT  FACILITIES IN THE OFFICE OF
MENTAL HEALTH PURSUANT TO SUBDIVISION (C) OF SECTION 7.25 OF THE  MENTAL
HYGIENE LAW AND A CHIEF SAFETY OFFICER DESIGNATED BY THE COMMISSIONER OF
MENTAL  RETARDATION  AND DEVELOPMENTAL DISABILITIES AND THE DIRECTORS OF
FACILITIES UNDER HIS OR HER JURISDICTION IN THE OFFICE OF MENTAL  RETAR-
DATION  AND  DEVELOPMENTAL  DISABILITIES  PURSUANT TO SUBDIVISION (C) OF
SECTION 13.25 OF THE MENTAL HYGIENE LAW.
  S 2. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal
procedure law, as amended by chapter 428 of the laws of 1999, is amended
to read as follows:
  (a) Except as provided in [paragraph] PARAGRAPHS (d) AND (E)  of  this
subdivision,  New  York  state  constitutes  the  "geographical  area of
employment" of any police officer employed as such by an agency  of  the
state  or  by  an  authority  which functions throughout the state, or a
police officer designated by the superintendent of state police pursuant
to section two hundred twenty-three of the executive law;
  S 3. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal
procedure law, as amended by chapter 424 of the laws of 1998, is amended
to read as follows:
  (a) Except as provided in [paragraph] PARAGRAPHS (d) AND (E)  OF  THIS
SUBDIVISION,  New  York  state  constitutes  the  "geographical  area of
employment" of any police officer employed as such by an agency  of  the
state or by an authority which functions throughout the state;
  S 4. Subdivision 34-a of section 1.20 of the criminal procedure law is
amended by adding a new paragraph (e) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD05994-01-9

A. 10184                            2

  (E)  THE  GEOGRAPHICAL  AREA  OF  EMPLOYMENT OF A CHIEF SAFETY OFFICER
DESIGNATED BY THE COMMISSIONER OF MENTAL HEALTH  AND  THE  DIRECTORS  OF
IN-PATIENT  FACILITIES IN THE OFFICE OF MENTAL HEALTH PURSUANT TO SUBDI-
VISION (C) OF SECTION 7.25 OF THE MENTAL HYGIENE LAW IS  THE  FACILITIES
UNDER  THE  JURISDICTION  OF  THE  COMMISSIONER OF MENTAL HEALTH AND THE
GEOGRAPHICAL AREA OF EMPLOYMENT OF A CHIEF SAFETY OFFICER DESIGNATED  BY
THE  COMMISSIONER  OF  MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES
AND THE DIRECTORS OF FACILITIES UNDER HIS OR  HER  JURISDICTION  IN  THE
OFFICE  OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES PURSUANT TO
SUBDIVISION (C) OF SECTION 13.25 OF THE MENTAL HYGIENE LAW IS THE FACIL-
ITIES UNDER THE JURISDICTION OF THE COMMISSIONER OF  MENTAL  RETARDATION
AND DEVELOPMENTAL DISABILITIES.
  S  5. Subdivision 12 of section 2.10 of the criminal procedure law, as
added by chapter 843 of the laws of 1980, is amended to read as follows:
  12. Special policemen, EXCEPT CHIEF  SAFETY  OFFICERS  AS  DEFINED  IN
SUBDIVISION  (C) OF SECTION 7.25 OF THE MENTAL HYGIENE LAW designated by
the commissioner and the  directors  of  in-patient  facilities  in  the
office  of  mental health pursuant to section 7.25 of the mental hygiene
law, and special policemen, EXCEPT CHIEF SAFETY OFFICERS AS  DEFINED  IN
SUBDIVISION  (C)  OF SECTION 13.25 OF THE MENTAL HYGIENE LAW, designated
by the commissioner and the directors of facilities  under  his  OR  HER
jurisdiction in the office of mental retardation and developmental disa-
bilities  pursuant to section 13.25 of the mental hygiene law; provided,
however, that nothing in this subdivision shall be deemed  to  authorize
such  officers  to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been  issued  pursuant  to  section
400.00 of the penal law.
  S  6.  Section 7.25 of the mental hygiene law is amended by adding two
new subdivisions (c) and (d) to read as follows:
  (C) THE COMMISSIONER AND THE DIRECTORS OF IN-PATIENT FACILITIES IN THE
OFFICE MAY DESIGNATE CHIEF SAFETY OFFICERS WHOSE DUTY  IT  SHALL  BE  TO
PRESERVE  PEACE AND GOOD ORDER IN FACILITIES OF SUCH OFFICE AND TO FULLY
PROTECT THE GROUNDS, BUILDINGS, AND PATIENTS. SUCH CHIEF SAFETY OFFICERS
SHALL POSSESS ALL THE POWERS OF POLICE OFFICERS AS SET  FORTH  IN  PARA-
GRAPH  (W)  OF  SUBDIVISION  THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW WHILE PERFORMING DUTIES IN OR ARISING OUT OF THE COURSE OF
THEIR EMPLOYMENT. SUBJECT TO  THE  APPROVAL  OF  THE  COMMISSIONER,  THE
DIRECTORS  OF  IN-PATIENT  FACILITIES  IN  THE OFFICE SHALL ENTER INTO A
WRITTEN AGREEMENT WITH ADJOINING LAW ENFORCEMENT  AGENCIES  ESTABLISHING
PROTOCOLS  FOR  THE EXERCISE OF AUTHORITY BY SUCH CHIEF SAFETY OFFICERS,
INCLUDING MUTUAL AID AND ASSISTANCE. SUCH WRITTEN PROTOCOLS SHALL NOT BE
DEEMED TO SUPERSEDE THE AUTHORITY OF OTHER SUCH POLICE OFFICERS.
  (D) THE COMMISSIONER SHALL PROVIDE THAT CHIEF SAFETY  OFFICERS  SATIS-
FACTORILY  COMPLETE  WITHIN  ONE  YEAR  OF THE DATE OF HIS APPOINTMENT A
COURSE OF ENFORCEMENT TRAINING APPROVED BY THE MUNICIPAL TRAINING  COUN-
CIL  IN  CONSULTATION WITH THE OFFICE. THE COMMISSIONER SHALL ALSO CAUSE
TO BE DEVELOPED AND IMPLEMENTED A TRAINING PROGRAM FOR SUCH CHIEF SAFETY
OFFICERS TO INCLUDE: (1) FIRE PREVENTION; (2) FIRST AID AND CARDIOPULMO-
NARY RESUSCITATION; (3) PROPER USE  OF  RESTRAINT;  AND  (4)  ANY  OTHER
TRAINING  DEEMED  NECESSARY TO AUGMENT SUCH PERSON'S SKILLS IN PROVIDING
NECESSARY SAFETY AND SECURITY SERVICES FOR THE FACILITY.
  S 7. Section 13.25 of the mental hygiene law is amended by adding  two
new subdivisions (c) and (d) to read as follows:
  (C)  THE COMMISSIONER AND THE DIRECTORS OF FACILITIES UNDER HIS OR HER
JURISDICTION MAY DESIGNATE CHIEF SAFETY OFFICERS WHOSE DUTY IT SHALL BE,
UNDER ORDERS OF THE APPROPRIATE OFFICER,  TO  PRESERVE  PEACE  AND  GOOD

A. 10184                            3

ORDER  IN  FACILITIES  AND  TO FULLY PROTECT THE GROUNDS, BUILDINGS, AND
PATIENTS. SUCH CHIEF SAFETY OFFICERS SHALL POSSESS  ALL  THE  POWERS  OF
POLICE OFFICERS AS SET FORTH IN PARAGRAPH (W) OF SUBDIVISION THIRTY-FOUR
OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW WHILE PERFORMING DUTIES IN
OR  ARISING  OUT  OF  THE  COURSE  OF  THEIR  EMPLOYMENT. SUBJECT TO THE
APPROVAL OF THE COMMISSIONER, THE DIRECTORS OF IN-PATIENT FACILITIES  IN
THE  OFFICE  SHALL  ENTER  INTO  A  WRITTEN AGREEMENT WITH ADJOINING LAW
ENFORCEMENT AGENCIES ESTABLISHING PROTOCOLS FOR THE EXERCISE OF AUTHORI-
TY BY SUCH CHIEF SAFETY OFFICERS, INCLUDING MUTUAL AID  AND  ASSISTANCE.
SUCH WRITTEN PROTOCOLS SHALL NOT BE DEEMED TO SUPERSEDE THE AUTHORITY OF
OTHER SUCH POLICE OFFICERS.
  (D)  THE  COMMISSIONER SHALL PROVIDE THAT CHIEF SAFETY OFFICERS SATIS-
FACTORILY COMPLETE WITHIN ONE YEAR OF THE DATE OF HIS OR HER APPOINTMENT
A COURSE OF ENFORCEMENT TRAINING  APPROVED  BY  THE  MUNICIPAL  TRAINING
COUNCIL  IN  CONSULTATION WITH THE OFFICE OF MENTAL HEALTH.  THE COMMIS-
SIONER SHALL ALSO CAUSE TO  BE  DEVELOPED  AND  IMPLEMENTED  A  TRAINING
PROGRAM  FOR SUCH CHIEF SAFETY OFFICERS TO INCLUDE: (1) FIRE PREVENTION;
(2) FIRST AID AND  CARDIOPULMONARY  RESUSCITATION;  (3)  PROPER  USE  OF
RESTRAINT;  AND  (4) ANY OTHER TRAINING DEEMED NECESSARY TO AUGMENT SUCH
PERSON'S SKILLS IN PROVIDING NECESSARY SAFETY AND SECURITY SERVICES  FOR
THE FACILITY.
  S  8. This act shall take effect 6 months after it shall have become a
law, provided that the amendments to paragraph (a) of  subdivision  34-a
of  section  1.20  of  the criminal procedure law made by section two of
this act shall be subject to the expiration and reversion of such  para-
graph  pursuant  to  section  3  of  chapter 428 of the laws of 1999, as
amended, when upon such date the provisions of section three of this act
shall take effect.