NY State Senate Bill 2019-S3920A

Senate Bill S3920A

2019-2020 Legislative Session

Grants police officer status to certain members of the uniformed correction force of N.Y. city department of correction

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
May 14, 2019	print number 3920a
May 14, 2019	amend (t) and recommit to codes
Feb 21, 2019	referred to codes

Bill Amendments

Original

A (Active)

2019-S3920 - Details

See Assembly Version of this Bill:: A5815
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§1.20 & 2.10, CP L; amd §840, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4260, A6849
2013-2014: S3634, A4950
2015-2016: S3348, A5345
2017-2018: S5252, A4391
2021-2022: A5586
2023-2024: A6977

2019-S3920 - Summary

Grants police officer status to members of the uniformed correction force of the N.Y. city department of correction who complete a certain training program.

2019-S3920 - Sponsor Memo

                                
 
BILL NUMBER: S3920

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to granting
police officer status to members of the uniformed correction force of
the New York city department of correction

 
PURPOSE:

To extend police officer status to members of the uniformed correction
force of the New York City Department of Correction

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 34 of section 1.20 of the
Criminal Procedure Law to add members of the uniformed correction force
of the New York City Department of Correction to the groups and individ-
uals defined as "police officers."

Section two of the bill amends subdivision 25 Section 2.10 of the Crimi-
nal Procedure Law to except correction officers of the New York City
Department of Correction from the definition of "peace officers."

Section three of the bill provides that this act shall take effect imme-
diately.

 
EXISTING LAW:

All correction officers, including correction officers employed by New
York City, are considered to be peace officers under current law.

 
JUSTIFICATION:

Uniformed correction officers of the New York City Department of
Correction are trained in their own academy, where they receive training
that is comparable to the training received by many police officers. The
police cannot be at all places at all times. The extension of police
officer status to correction officers would enable the City of New York
to more effectively wage its own war against crime in a more efficient
manner.

 
LEGISLATIVE HISTORY:

2017-8: S.5252 - Referred to Codes
2016: S.3348 - 3rd Reading Calendar
2015: S.3348 - Referred to Codes
2013-2014: S.3634 - Referred to Codes
2011-2012: S.4260 - Referred to Codes
2007-2008: S.3304 - Referred to Codes
2005-2006: S.3264 - Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3920 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3920
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to granting
   police officer status to members of the uniformed correction force  of
   the New York city department of correction

   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) THE MEMBERS OF THE UNIFORMED CORRECTION FORCE OF THE NEW YORK CITY
 DEPARTMENT OF CORRECTION.
   §  2. Subdivision 25 of section 2.10 of the criminal procedure law, as
 amended by section 70 of subpart B of part C of chapter 62 of  the  laws
 of 2011, is amended to read as follows:
   25.  Officials, as designated by the commissioner of the department of
 corrections and community supervision pursuant to rules of  the  depart-
 ment,  and  correction officers of any state correctional facility or of
 any penal correctional institution EXCEPT FOR CORRECTION OFFICERS OF THE
 NEW YORK CITY DEPARTMENT OF CORRECTION.
   § 3.  This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09920-01-9

2019-S3920A (ACTIVE) - Details

See Assembly Version of this Bill:: A5815
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§1.20 & 2.10, CP L; amd §840, Exec L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4260, A6849
2013-2014: S3634, A4950
2015-2016: S3348, A5345
2017-2018: S5252, A4391
2021-2022: A5586
2023-2024: A6977

2019-S3920A (ACTIVE) - Summary

Grants police officer status to members of the uniformed correction force of the N.Y. city department of correction who complete a certain training program.

2019-S3920A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3920A

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to granting police officer status to certain members of the
uniformed correction force of the New York city department of
correction; and to amend the executive law, in relation to training
programs for all members of the uniformed correction force of the New
York city department of correction

 
PURPOSE:

To extend police officer status to members of the uniformed correction
force of the New York City Department of Correction

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 34 of section 1.20 of the
Criminal Procedure Law to add members of the uniformed correction force
of the New York City Department of Correction to the groups and individ-
uals defined as "police officers."

Section two of the bill amends subdivision 25 Section 2.10 of the Crimi-
nal Procedure Law to except correction officers of the New York City
Department of Correction from the definition of "peace officers."

Section three of the bill adds a new subdivision 6 to Section 840 of the
Executive Law to direct the Municipal Police Training Council to develop
a new specialized training program for members of the uniformed
correction force of the New York City Department of Correction which
includes comprehensive training in relation to the mental health of
inmates. Section three also provides that current corrections officers
shall receive such training within 36 months, except if they have
already completed equivalent training.

Section four of the bill provides that this act shall take effect imme-
diately.

 
EXISTING LAW:

All corrections officers, including correction officers employed by New
York City, are considered to be peace officers under current law.
Providing a pathway for Uniformed Corrections officers of the New York
City Department of Correction to obtain police officer status through an
enhanced, modern training curriculum will increase the safety of both
City correctional facilities and the City as a whole. Uniformed
correction officers of the New York City Department of Correction are
currently held to rigorous training requirements by the State Municipal
Police Training Council. They are instructed in their own academy, where
they receive training that includes: Firearms Training, First Aid/CPR,
Defensive Tactics, Interpersonal Communication Skills, Adolescent Inmate
Behavior Management, Mental Health Training, Inmate Disciplinary Proce-
dures, Preventing Workplace Violence, Report Writing, Suicide Prevention
and Intervention, and Use of Force/Use of Restraints Procedures. In
addition, specialized units receive additional training as appropriate.
These units include: Firearms and Tactics Unit, Emergency Service Unit,
and the Fire Safety Unit.


This legislation seeks to build upon this training and directs the Coun-
cil to develop additional programming equivalent to that required of
municipal police officers. In addition, recognizing the City's goal of
promoting the mental health of the adult and adolescent inmate popu-
lation, the legislation directs the Council to develop comprehensive
mental health training programming for Uniformed Corrections officers of
the New York City Department of Correction.  This legislation acknowl-
edges the changing needs facing of the Uniformed Corrections officers of
the New York City Department of Corrections.

 
LEGISLATIVE HISTORY:

2017-8: S.5252 - Referred to Codes
2016:S.3348 - 3rd Reading Calendar
2015:S.3348 - Referred to Codes
2013- 2014:S.3634- Referred to Codes
2011- 2012:S.4260- Referred to Codes
2007- 2008:S.3304- Referred to Codes
2005- 2006:S.3264- Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3920A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3920--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to  be  committed  to  the  Committee  on  Codes -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  granting
   police  officer  status to certain members of the uniformed correction
   force of the New York city department of correction; and to amend  the
   executive law, in relation to training programs for all members of the
   uniformed  correction  force  of  the  New  York  city  department  of
   correction
 
   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 MEMBER OF THE UNIFORMED CORRECTION FORCE OF THE  NEW  YORK  CITY
 DEPARTMENT  OF  CORRECTION  WHO  HAS  COMPLETED  A  TRAINING  PROGRAM AS
 DETAILED IN SUBDIVISION SIX OF SECTION EIGHT HUNDRED FORTY OF THE EXECU-
 TIVE LAW.
   § 2. Subdivision 25 of section 2.10 of the criminal procedure law,  as
 amended  by  section 70 of subpart B of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   25. Officials, as designated by the commissioner of the department  of
 corrections  and  community supervision pursuant to rules of the depart-
 ment, and correction officers of any state correctional facility  or  of
 any  penal  correctional  institution, EXCEPT FOR CORRECTION OFFICERS OF
 THE NEW YORK CITY DEPARTMENT OF CORRECTION WHO HAVE COMPLETED A TRAINING
 PROGRAM AS DETAILED IN SUBDIVISION SIX OF SECTION EIGHT HUNDRED FORTY OF
 THE EXECUTIVE LAW.
   § 3. Section 840 of the executive law  is  amended  by  adding  a  new
 subdivision 6 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09920-04-9

 S. 3920--A                          2
 
   6.  (A) THE COUNCIL SHALL, IN ADDITION, DEVELOP, MAINTAIN, AND DISSEM-
 INATE, IN CONSULTATION WITH THE COMMISSIONER OF CORRECTIONS AND COMMUNI-
 TY SUPERVISION, WRITTEN POLICIES AND  PROCEDURES  REGARDING  A  TRAINING
 PROGRAM  FOR  MEMBERS  OF THE UNIFORMED CORRECTION FORCE OF THE NEW YORK
 CITY  DEPARTMENT  OF  CORRECTION.  SUCH  TRAINING PROGRAM AND ASSOCIATED
 MATERIALS SHALL INCLUDE THE REQUIREMENTS SET FORTH IN  SUBDIVISIONS  ONE
 AND TWO-A OF THIS SECTION AND SHALL INCLUDE ISSUES RELATED TO THE MENTAL
 HEALTH OF INMATES.
   (B)  THE  COUNCIL  SHALL, IN ADDITION, RECOMMEND TO THE GOVERNOR RULES
 AND REGULATIONS WITH RESPECT TO THE ESTABLISHMENT OF A TRAINING  PROGRAM
 FOR ALL CURRENT AND NEW MEMBERS OF THE UNIFORMED CORRECTION FORCE OF THE
 NEW YORK CITY DEPARTMENT OF CORRECTION REGARDING THE POLICIES AND PROCE-
 DURES  ESTABLISHED  PURSUANT TO THIS SUBDIVISION, ALONG WITH RECOMMENDA-
 TIONS FOR PERIODIC RETRAINING OF CORRECTIONS OFFICERS DEFINED AS  POLICE
 OFFICERS  UNDER PARAGRAPH (W) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20
 OF THE CRIMINAL PROCEDURE LAW.
   (C) THE TRAINING REQUIREMENTS REQUIRED BY THIS SUBDIVISION SHALL APPLY
 TO ALL CORRECTIONS OFFICERS HIRED BY THE CITY OF NEW YORK FOLLOWING  THE
 EFFECTIVE  DATE  OF  THIS  SUBDIVISION.  ALL  MEMBERS  OF  THE UNIFORMED
 CORRECTION FORCE OF THE NEW YORK CITY DEPARTMENT OF CORRECTION  EMPLOYED
 PRIOR  TO SUCH EFFECTIVE DATE SHALL RECEIVE SUCH TRAINING WITHIN THIRTY-
 SIX MONTHS OF SUCH EFFECTIVE DATE, UNLESS SUCH OFFICER IS DEEMED TO HAVE
 PREVIOUSLY RECEIVED EQUIVALENT TRAINING AS DETERMINED BY THE COMMISSION-
 ER.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately the  addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.

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