S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8043
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend  the executive law and the criminal procedure law, in
   relation to directing the superintendent of state  police  to  develop
   and  institute  arrest  policies  and  procedures  for instances where
   police are arresting an individual who is a parent, guardian or  other
   person  legally  charged  with the care or custody of a person with an
   intellectual or developmental disability
 
   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 section 214-g
 to read as follows:
   § 214-G. PERSON WITH AN INTELLECTUAL OR DEVELOPMENTAL  DISABILITY-SEN-
 SITIVE  ARRESTS. THE SUPERINTENDENT, IN CONSULTATION WITH THE OFFICE FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES  AND  THE  DIVISION  OF  CRIMINAL
 JUSTICE SERVICES, SHALL DEVELOP, MAINTAIN AND DISSEMINATE TO ALL MEMBERS
 OF  THE  STATE POLICE, INCLUDING NEW AND VETERAN OFFICERS, WRITTEN POLI-
 CIES AND PROCEDURES, REGARDING ARREST  PRACTICES  SENSITIVE  TO  PERSONS
 WITH  AN  INTELLECTUAL  OR DEVELOPMENTAL DISABILITY.   SUCH POLICIES AND
 PROCEDURES SHALL ENSURE THE IDENTIFICATION AND SAFETY OF A  PERSON  WITH
 INTELLECTUAL  DISABILITY  WHEN  SUCH PERSON'S PARENT, GUARDIAN, OR OTHER
 PERSON LEGALLY CHARGED WITH THE  CARE  OR  CUSTODY  OF  SUCH  PERSON  IS
 ARRESTED.  SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO:
   (A)  PROCEDURES TO ENSURE THAT STATE POLICE OFFICERS INQUIRE AND DOCU-
 MENT WHETHER AN ARRESTEE IS  THE  PARENT,  GUARDIAN  OR  PERSON  LEGALLY
 CHARGED WITH THE CARE OR CUSTODY OF A PERSON WITH INTELLECTUAL OR DEVEL-
 OPMENTAL DISABILITY;
   (B)  PROCEDURES TO ALLOW FOR THE ARRANGEMENT OF TEMPORARY CARE FOR THE
 PERSON WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY WHEN THE PARENT,
 GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE  CARE  OR  CUSTODY  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11561-01-1

 A. 8043                             2
 
 SUCH  PERSON  IS ARRESTED TO ENSURE SUCH PERSON'S SAFETY AND WELL-BEING,
 WHICH MAY INCLUDE ALLOWING THE ARRESTED PARENT, GUARDIAN OR OTHER PERSON
 LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH PERSON WITH  AN  INTEL-
 LECTUAL  OR  DEVELOPMENTAL DISABILITY TO PLACE ADDITIONAL PHONE CALLS TO
 ARRANGE FOR THE PERSON'S CARE;
   (C) EDUCATION ON HOW WITNESSING VIOLENCE CAUSES EMOTIONAL  HARM  TO  A
 PERSON  WITH  AN  INTELLECTUAL  OR  DEVELOPMENTAL DISABILITY AND HOW LAW
 ENFORCEMENT CAN ASSIST IN MINIMIZING THE IMPACT OF SUCH HARM; AND
   (D) INFORMATION ON  THE  AVAILABILITY  OF  ACCESS  TO  COMMUNITY-BASED
 PROVIDERS  OF  CRISIS  INTERVENTION,  PROTECTION  AND  OTHER  SUPPORTIVE
 RESOURCES THAT COULD AID THE PERSON WITH  AN  INTELLECTUAL  OR  DEVELOP-
 MENTAL  DISABILITY  WHEN  SUCH PERSON'S PARENT, GUARDIAN OR OTHER PERSON
 LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH PERSON IS ARRESTED.
   § 2. Subdivision 3 of section 840 of the executive law is  amended  by
 adding a new paragraph (f-2) to read as follows:
   (F-2)  DEVELOPING, MAINTAINING AND DISSEMINATING, IN CONSULTATION WITH
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, WRITTEN  POLICIES
 AND  PROCEDURES  REGARDING ARREST PRACTICES SENSITIVE TO PERSONS WITH AN
 INTELLECTUAL OR DEVELOPMENTAL DISABILITY.  SUCH POLICIES AND  PROCEDURES
 SHALL ENSURE THE IDENTIFICATION AND SAFETY OF A PERSON WITH AN INTELLEC-
 TUAL OR DEVELOPMENTAL DISABILITY WHEN SUCH PERSON'S PARENT, GUARDIAN, OR
 OTHER  PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH PERSON IS
 ARRESTED. SUCH POLICES AND PROCEDURES SHALL INCLUDE, BUT NOT BE  LIMITED
 TO:
   (1)  PROCEDURES  TO ENSURE THAT LOCAL LAW ENFORCEMENT OFFICERS INQUIRE
 AND DOCUMENT WHETHER AN ARRESTEE  IS  THE  PARENT,  GUARDIAN  OR  PERSON
 LEGALLY CHARGED WITH THE CARE OR CUSTODY OF A PERSON WITH AN INTELLECTU-
 AL OR DEVELOPMENTAL DISABILITY;
   (2)  PROCEDURES TO ALLOW FOR THE ARRANGEMENT OF TEMPORARY CARE FOR THE
 PERSON WITH  AN  INTELLECTUAL  OR  DEVELOPMENTAL  DISABILITY  WHEN  SUCH
 PERSON'S  PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE
 OR CUSTODY OF SUCH PERSON IS ARRESTED TO ENSURE SUCH PERSON'S SAFETY AND
 WELL-BEING, WHICH MAY INCLUDE ALLOWING THE ARRESTED PARENT, GUARDIAN  OR
 OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF THE PERSON WITH
 AN  INTELLECTUAL  OR  DEVELOPMENTAL DISABILITY TO PLACE ADDITIONAL PHONE
 CALLS TO ARRANGE FOR CHILD CARE;
   (3) EDUCATION ON HOW WITNESSING VIOLENCE CAUSES EMOTIONAL  HARM  TO  A
 PERSON  WITH  AN  INTELLECTUAL  OR  DEVELOPMENTAL DISABILITY AND HOW LAW
 ENFORCEMENT CAN ASSIST IN MINIMIZING THE IMPACT OF SUCH HARM; AND
   (4) INFORMATION ON  THE  AVAILABILITY  OF  ACCESS  TO  COMMUNITY-BASED
 PROVIDERS  OF  CRISES  INTERVENTION,  PROTECTION  AND  OTHER  SUPPORTIVE
 RESOURCES THAT COULD AID THE PERSON WITH  AN  INTELLECTUAL  OR  DEVELOP-
 MENTAL  DISABILITY  WHEN  SUCH PERSON'S PARENT, GUARDIAN OR OTHER PERSON
 LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH PERSON;
   § 3. The criminal procedure law is amended by adding two new  sections
 120.85 and 140.17 to read as follows:
 § 120.85 ARRESTS  SENSITIVE  TO PERSONS WITH AN INTELLECTUAL OR DEVELOP-
            MENTAL DISABILITY.
   A STATE OR LOCAL LAW ENFORCEMENT OFFICER  WHO  ARRESTS  AN  INDIVIDUAL
 SHALL, AT THE TIME OF THE ARREST, INQUIRE WHETHER SUCH INDIVIDUAL IS THE
 PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTO-
 DY  OF A PERSON WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY WHO MAY
 BE AT RISK AS A RESULT OF THE ARREST. THE OFFICER SHALL MAKE  REASONABLE
 EFFORTS TO ENSURE THE SAFETY OF SUCH PERSON IN ACCORDANCE WITH THE POLI-
 CIES  AND  PROCEDURES  ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FOUR-

 A. 8043                             3
 
 TEEN-G OR PARAGRAPH (F-2) OF SUBDIVISION THREE OF SECTION EIGHT  HUNDRED
 FORTY OF THE EXECUTIVE LAW AS APPLICABLE.
 § 140.17 ARRESTS  SENSITIVE  TO PERSONS WITH AN INTELLECTUAL OR DEVELOP-
            MENTAL DISABILITY.
   A STATE OR LOCAL LAW ENFORCEMENT OFFICER  WHO  ARRESTS  AN  INDIVIDUAL
 SHALL, AT THE TIME OF THE ARREST, INQUIRE WHETHER SUCH INDIVIDUAL IS THE
 PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTO-
 DY  OF A PERSON WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY WHO MAY
 BE AT RISK AS A RESULT OF THE ARREST. THE OFFICER SHALL MAKE  REASONABLE
 EFFORTS TO ENSURE THE SAFETY OF SUCH PERSON IN ACCORDANCE WITH THE POLI-
 CIES  AND  PROCEDURES  ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FOUR-
 TEEN-G OR PARAGRAPH (F-2) OF SUBDIVISION THREE OF SECTION EIGHT  HUNDRED
 FORTY OF THE EXECUTIVE LAW AS APPLICABLE.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.