S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5947--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced  by  M. of A. FERNANDEZ, ARROYO, RIVERA, CRUZ, D'URSO -- read
   once and referred to  the  Committee  on  Governmental  Operations  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the executive  law,  in  relation  to  establishing  the
   department of civilian justice
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new article 28  to
 read as follows:
                                ARTICLE 28
                      DEPARTMENT OF CIVILIAN JUSTICE
 SECTION 821. DEPARTMENT  OF CIVILIAN JUSTICE; ESTABLISHMENT AND COMPOSI-
                TION.
         822. DEPARTMENT OF CIVILIAN JUSTICE; FUNCTIONS AND DUTIES.
   § 821. DEPARTMENT OF CIVILIAN JUSTICE; ESTABLISHMENT AND  COMPOSITION.
 THERE  IS  HEREBY ESTABLISHED A DEPARTMENT OF CIVILIAN JUSTICE. THE HEAD
 OF THE DEPARTMENT OF CIVILIAN  JUSTICE  SHALL  BE  THE  COMMISSIONER  OF
 CIVILIAN  JUSTICE,  TO  BE APPOINTED BY THE GOVERNOR.  THE DEPARTMENT OF
 CIVILIAN JUSTICE SHALL HAVE A DEPUTY COMMISSIONER TO BE APPOINTED BY THE
 GOVERNOR. THE DEPARTMENT OF CIVILIAN JUSTICE SHALL HAVE  A  DIRECTOR  OF
 INVESTIGATIONS TO BE APPOINTED BY THE GOVERNOR. THE DIRECTOR OF INVESTI-
 GATIONS  SHALL  HIRE AND SUPERVISE A UNIT OF FIVE INVESTIGATIVE SUPERVI-
 SORS, AND NO LESS THAN FIFTY  INVESTIGATIVE  STAFF.  THE  DEPARTMENT  OF
 CIVILIAN JUSTICE SHALL HAVE A DIRECTOR OF OPERATIONS AND HUMAN RESOURCES
 TO  BE  APPOINTED  BY  THE  GOVERNOR. THE DEPARTMENT OF CIVILIAN JUSTICE
 SHALL HAVE A DIRECTOR OF TRIALS AND JUDICIAL OPERATIONS, WHO SHALL BE  A
 JUDGE, TO BE APPOINTED BY THE GOVERNOR. THE DIRECTOR OF TRIALS AND JUDI-
 CIAL  OPERATIONS  SHALL HIRE AND SUPERVISE A UNIT OF FIVE ADMINISTRATIVE
 LAW JUDGES, TEN  PROSECUTORS,  AND  SIX  COURT  REPORTERS.  ADJUDICATORY
 PROCEEDINGS  OF THE DEPARTMENT OF CIVILIAN JUSTICE SHALL BE CONDUCTED BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09769-03-9

 A. 5947--A                          2
 
 ADMINISTRATIVE LAW JUDGES WHO ARE NOT AFFILIATED WITH NOR INFLUENCED  BY
 ANY  STATE  DEPARTMENT.  INVESTIGATIONS  OF  THE  DEPARTMENT OF CIVILIAN
 JUSTICE SHALL BE CONDUCTED IN AN IMPARTIAL FASHION BY  AN  INVESTIGATIVE
 STAFF.   ALL INVESTIGATIVE STAFF MUST DISCLOSE ANY CONFLICT OF INTERESTS
 WITHIN INVESTIGATIONS. UPON DISCOVERY OF A NON-DISCLOSED CONFLICT OF  AN
 INVESTIGATIVE STAFF MEMBER, SUCH MEMBER SHALL BE PROHIBITED FROM PARTIC-
 IPATING IN INVESTIGATIONS AND MAY BE TERMINATED.
   §  822.  DEPARTMENT  OF  CIVILIAN  JUSTICE;  FUNCTIONS AND DUTIES. THE
 DEPARTMENT OF CIVILIAN JUSTICE  SHALL  HAVE  THE  FOLLOWING  DUTIES  AND
 RESPONSIBILITIES:
   1.  PROMULGATE  RULES  AND  REGULATIONS  IN  ACCORDANCE WITH THE STATE
 ADMINISTRATIVE PROCEDURE ACT REGARDING CORRUPTION AND  MISCONDUCT  BY  A
 PERSON IN A PUBLIC SAFETY POSITION, INCLUDING ANY POSITION OR RANK WITH-
 IN  ANY  POLICE DEPARTMENT, DISTRICT ATTORNEY'S OFFICE, FIRE DEPARTMENT,
 COUNTY JAIL OR CORRECTIONAL FACILITY AND THE NEW YORK  STATE  DEPARTMENT
 OF CORRECTIONS AND COMMUNITY SUPERVISION;
   2.  RECEIVE,  REVIEW  AND  INVESTIGATE  COMPLAINTS MADE BY ANY PERSON,
 WHETHER OR NOT THAT PERSON IS A VICTIM OF, OR WITNESS TO, AN INCIDENT OF
 CORRUPTION OR MISCONDUCT BY  A  PERSON  IN  A  PUBLIC  SAFETY  POSITION,
 INCLUDING  ANY  POSITION  OR RANK WITHIN ANY POLICE DEPARTMENT, DISTRICT
 ATTORNEY'S OFFICE, FIRE DEPARTMENT, COUNTY JAIL OR CORRECTIONAL FACILITY
 AND THE NEW YORK STATE DEPARTMENT OF CORRECTIONS  AND  COMMUNITY  SUPER-
 VISION.  INTAKE  OF COMPLAINTS SHALL BE TAKEN BY PHONE, MAIL AND THROUGH
 THE DEPARTMENT OF CIVILIAN JUSTICE WEBSITE;
   3. CONDUCT ADJUDICATORY  PROCEEDINGS  IN  ACCORDANCE  WITH  THE  STATE
 ADMINISTRATIVE  PROCEDURE  ACT,  AND  ISSUE  FINAL  DECISIONS, WHICH MAY
 INCLUDE DISCIPLINE FOR ANY POSITION OR RANK WITHIN  ANY  POLICE  DEPART-
 MENT,  DISTRICT  ATTORNEY'S  OFFICE,  FIRE  DEPARTMENT,  COUNTY  JAIL OR
 CORRECTIONAL FACILITY AND THE NEW YORK STATE DEPARTMENT  OF  CORRECTIONS
 AND COMMUNITY SUPERVISION;
   4.  SECURE  SUBPOENAS,  AS  NEEDED, TO RETRIEVE EVIDENCE AND CONDUCT A
 THOROUGH INVESTIGATION OF  COMPLAINTS  RECEIVED  BY  THE  DEPARTMENT  OF
 CIVILIAN JUSTICE;
   5. REVIEW ALL RECORDS, FILES, AND COMPUTERS OBTAINED BY THE DEPARTMENT
 OF  CIVILIAN JUSTICE OF ANY PERSON UNDER INVESTIGATION BY THE DEPARTMENT
 OF CIVILIAN JUSTICE;
   6. SUSPEND ANY PERSON OR PERSONS FOUND GUILTY OF OBSTRUCTING AN INVES-
 TIGATION OF THE  DEPARTMENT  OF  CIVILIAN  JUSTICE  IN  AN  ADJUDICATORY
 PROCEEDING CONDUCTED PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
 SUCH  PERSON  OR  PERSONS  SHALL  BE FURTHER CHARGED WITH MISCONDUCT AND
 CORRUPTION IN AN ADJUDICATORY PROCEEDING CONDUCTED PURSUANT TO THE STATE
 ADMINISTRATIVE PROCEDURE ACT;
   7. SUSPEND ANY PERSON OR PERSONS FOUND GUILTY OF  CAUSING  RETALIATION
 AGAINST  A PERSON FOR FILING A COMPLAINT WITH THE DEPARTMENT OF CIVILIAN
 JUSTICE IN AN ADJUDICATORY PROCEEDING CONDUCTED PURSUANT  TO  THE  STATE
 ADMINISTRATIVE  PROCEDURE  ACT.  SUCH PERSON OR PERSONS SHALL BE FURTHER
 CHARGED WITH MISCONDUCT AND CORRUPTION  IN  AN  ADJUDICATORY  PROCEEDING
 CONDUCTED PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT;
   8. PROVIDE AN ANNUAL REPORT OF THE COMMISSIONER OF CIVILIAN JUSTICE IN
 A PUBLIC HEARING;
   9.  COMPLY  WITH  THE  PROVISIONS  OF  THE FREEDOM OF INFORMATION LAW,
 INCLUDING DIRECTLY HANDLING ALL REQUESTS FOR INFORMATION PURSUANT TO THE
 FREEDOM OF INFORMATION LAW; AND
   10. ENGAGE IN COMMUNITY OUTREACH THROUGHOUT THE STATE TO  EDUCATE  THE
 PUBLIC  CONCERNING  THE DEPARTMENT OF CIVILIAN JUSTICE'S PURPOSE AND THE

 A. 5947--A                          3
 
 SERVICES PROVIDED TO THE PUBLIC CONCERNING THE ISSUES  RELEVANT  TO  THE
 DEPARTMENT OF CIVILIAN JUSTICE'S OPERATION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.