NY State Senate Bill 2021-S9114

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 09, 2022	referred to codes

2021-S9114 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §846-hh, Exec L

2021-S9114 (ACTIVE) - Summary

Enacts the New York state police reform and reinvention collaborative to require any local government entity which has a police agency and which has previously transmitted to the director of the division of the budget the certification required by executive order number two hundred three issued on June twelfth, two thousand twenty to improve the police agency's deployments, strategies, policies, procedures, and practices, for the purposes of addressing the particular needs of the communities served by such police agency and promote community engagement to foster trust, fairness, and legitimacy, and to address any racial bias and disproportionate policing of communities of color; requires a biennial progress report; makes related provisions.

2021-S9114 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9114

SPONSOR: REICHLIN-MELNICK
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting the "police
reform and reinvention act of 2022"

 
PURPOSE:

To provide an ongoing framework for police departments to engage with
local communities to ensure that community stakeholders' inputs are
incorporated into the planning process and help make sure all New York-
ers feel safe, protected, and heard.

 
SUMMARY OF PROVISIONS:

Section one amends the executive law by adding section 846-hh which
directs local governments with operating police agencies that previously
submitted their certification required by Executive Order 203 (EO 203)
issued on June 12, 2020, titled "New York State Police Reform and Rein-
vention Collaborative" to the director of the division of budget, to

provide a progress report every two years. The biennial progress report
will include steps taken by government entities and police agencies to
advance the goals and initiatives outlined in the improvement plan
developed in accordance with EO 203.

The biennial progress report will include the actions taken by the
government entity and the corresponding police agency to advance their
plan.The report will also include actions taken to address evidence-
based policing strategies.The chief executive of each local government
shall convene the head of the local police agency, community stakehold-
ers, the local office of the district attorney, and the local public
defender for no less than three public meetings to take feedback while
preparing the biennial progress report. The draft will be available for
public comment and then be presented to the local legislative body,
which shall ratify or adopt the plan no later than April 1, 2023; and
each odd-numbered year thereafter on April 1 of those years.

The local government will then certify to the director of the division
of budget that the police agency's plan has been adopted by the local
legislative body. Failure to submit the certification would result in
the division of budget being authorized, but not required, to withhold
state and federal funding for the local police agency until the certif-
ication is received and required to restore all such funding once the
certification is received. The Division of Criminal Justice Services
will have a copy of the biennial progress report available to the public
via the internet within thirty days of the local government adopting the
biennial progress report. By April 1, 2024 compliance with this section
of executive law will be a prerequisite for local policing agencies to
be accredited under the New York State Law Enforcement Accreditation
Program.

Section two provides the effective date.

 
JUSTIFICATION:

In the midst of the national reckoning that followed the murder of
George Floyd by a Minneapolis police officer in May 2020, former Gover-
nor Andrew Cuomo issued Executive Order 203, which started a process to
create positive changes by bringing together police departments and
community members to propose reforms to community/police interactions
and policies. Across the state, the plans created by this process
contained meaningful steps toward bridging community divides and promot-
ing greater police/community goodwill. However, since the conclusion of
the EO 203 process on April 1, 2021, when plans were required to be
submitted to NYS, there has been no standardized way for members of the
public to evaluate whether departments have been making progress on the
recommendations and goals set forth in these plans.

This bill remedies that defect by setting up an ongoing process for
police departments and community members to come together every two
years to evaluate the progress towards reform and report to New York on
the progress toward the goals contained within the originally adopted
plans. Setting up this new biennial requirement will increase engagement
between police agencies and community stakeholders, will ensure that
community stakeholders' inputs are incorporated in the planning process,
create an environment of mutual partnership and trust, and will help
make sure all New Yorkers feel safe, protected, and heard.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S9114 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9114
 
                             I N  S E N A T E
 
                                May 9, 2022
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, in relation to enacting  the  "police
   reform and reinvention act of 2022"
 
   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 846-hh
 to read as follows:
   § 846-HH. NEW YORK STATE POLICE REFORM AND REINVENTION  COLLABORATIVE.
 1.  ANY LOCAL GOVERNMENT ENTITY WHICH HAS A POLICE AGENCY OPERATING WITH
 POLICE OFFICERS AS DEFINED UNDER SECTION 1.20 OF THE CRIMINAL  PROCEDURE
 LAW AND WHICH HAS PREVIOUSLY TRANSMITTED TO THE DIRECTOR OF THE DIVISION
 OF  THE  BUDGET THE CERTIFICATION REQUIRED BY EXECUTIVE ORDER NUMBER TWO
 HUNDRED THREE ISSUED ON JUNE TWELFTH, TWO  THOUSAND  TWENTY  AND  TITLED
 "NEW  YORK  STATE  POLICE  REFORM  AND  REINVENTION COLLABORATIVE" SHALL
 PROVIDE A BIENNIAL PROGRESS REPORT ON STEPS THAT HAVE BEEN TAKEN BY SUCH
 GOVERNMENT ENTITY AND CORRESPONDING POLICE AGENCY TO ADVANCE  THE  GOALS
 AND INITIATIVES OUTLINED IN THE IMPROVEMENT PLAN DEVELOPED IN ACCORDANCE
 WITH  EXECUTIVE  ORDER NUMBER TWO HUNDRED THREE (HEREINAFTER REFERRED TO
 AS "THE PLAN") TO IMPROVE THE POLICE AGENCY'S  DEPLOYMENTS,  STRATEGIES,
 POLICIES,  PROCEDURES, AND PRACTICES, FOR THE PURPOSES OF ADDRESSING THE
 PARTICULAR NEEDS OF THE COMMUNITIES SERVED BY  SUCH  POLICE  AGENCY  AND
 PROMOTE  COMMUNITY ENGAGEMENT TO FOSTER TRUST, FAIRNESS, AND LEGITIMACY,
 AND TO ADDRESS ANY RACIAL BIAS AND DISPROPORTIONATE POLICING OF COMMUNI-
 TIES OF COLOR.
   2. SUCH BIENNIAL PROGRESS REPORT SHALL INCLUDE METRICS  AND  NARRATIVE
 DETAILING  ACTIONS TAKEN BY EACH LOCAL GOVERNMENT ENTITY AND CORRESPOND-
 ING POLICE AGENCY:
   (A)  TO ADVANCE RECOMMENDATIONS, GOALS, ACTION  ITEMS,  AND/OR  INITI-
 ATIVES  IDENTIFIED  IN  SUCH  LOCAL  GOVERNMENT ENTITY AND CORRESPONDING
 POLICE AGENCY'S PLAN; AND
   (B) TO ADDRESS EVIDENCE-BASED POLICING STRATEGIES, INCLUDING  BUT  NOT
 LIMITED  TO,  USE  OF  FORCE  POLICIES;  PROCEDURAL JUSTICE; ANY STUDIES
 ADDRESSING SYSTEMIC RACIAL BIAS OR RACIAL JUSTICE IN POLICING;  IMPLICIT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15249-03-2
 S. 9114                             2
 
 BIAS  AWARENESS  TRAINING;  DE-ESCALATION  TRAINING  AND  PRACTICES; LAW
 ENFORCEMENT ASSISTED DIVERSION PROGRAMS; RESTORATIVE JUSTICE  PRACTICES;
 COMMUNITY-BASED   OUTREACH  AND  CONFLICT  RESOLUTION;  PROBLEM-ORIENTED
 POLICING;  HOT  SPOTS  POLICING;  FOCUSED  DETERRENCE;  CRIME PREVENTION
 THROUGH ENVIRONMENTAL DESIGN; VIOLENCE PREVENTION AND  REDUCTION  INTER-
 VENTIONS;  MODEL  POLICIES  AND  GUIDELINES  PROMULGATED BY THE NEW YORK
 STATE MUNICIPAL POLICE TRAINING COUNCIL; AND  STANDARDS  PROMULGATED  BY
 THE  NEW  YORK  STATE  LAW ENFORCEMENT ACCREDITATION PROGRAM PURSUANT TO
 SECTION EIGHT HUNDRED FORTY-SIX-H OF THIS ARTICLE.
   3. EACH CHIEF EXECUTIVE OF SUCH LOCAL  GOVERNMENT  SHALL  CONVENE  THE
 HEAD  OF  THE  LOCAL  POLICE  AGENCY,  THE  GOVERNING BOARD OF THE LOCAL
 GOVERNMENT, AND STAKEHOLDERS IN THE COMMUNITY, INCLUDING BUT NOT LIMITED
 TO, MEMBERS OF THE COMMUNITY WHO RESIDE IN AREAS WITH  HIGH  NUMBERS  OF
 POLICE  AND  COMMUNITY INTERACTIONS; INTERESTED NON-PROFIT ORGANIZATIONS
 AND COMMUNITY GROUPS; FAITH LEADERS; THE LOCAL OFFICE  OF  THE  DISTRICT
 ATTORNEY;  AND  THE  LOCAL  PUBLIC DEFENDER, IN NO FEWER THAN THREE OPEN
 PUBLIC MEETINGS TO SOLICIT INFORMATION FROM AND PROVIDE FEEDBACK TO  THE
 LOCAL POLICE AGENCY WHILE PREPARING THE DRAFT BIENNIAL PROGRESS REPORT.
   4.  SUCH  DRAFT  BIENNIAL  PROGRESS REPORT SHALL BE OFFERED FOR PUBLIC
 COMMENT TO ALL RESIDENTS OF THE LOCALITY,  AND  AFTER  CONSIDERATION  OF
 SUCH  COMMENTS, SHALL BE PRESENTED TO THE LOCAL LEGISLATIVE BODY IN SUCH
 POLITICAL SUBDIVISION, WHICH SHALL RATIFY OR ADOPT SUCH  PLAN  BY  LOCAL
 LAW  OR RESOLUTION, AS APPROPRIATE, NO LATER THAN APRIL FIRST, TWO THOU-
 SAND TWENTY-THREE; AND EACH ODD-NUMBERED YEAR THEREAFTER ON APRIL FIRST.
   5. SUCH LOCAL GOVERNMENT SHALL TRANSMIT A CERTIFICATION TO THE  DIREC-
 TOR  OF  THE DIVISION OF THE BUDGET TO AFFIRM THAT SUCH PROCESS HAS BEEN
 COMPLIED WITH AND SUCH LOCAL LAW OR RESOLUTION  HAS  BEEN  ADOPTED.  THE
 DIRECTOR  OF THE DIVISION OF THE BUDGET SHALL BE AUTHORIZED TO CONDITION
 RECEIPT OF FUTURE APPROPRIATED STATE OR FEDERAL  FUNDS  UPON  FILING  OF
 SUCH  CERTIFICATION  FOR  WHICH SUCH LOCAL GOVERNMENT WOULD OTHERWISE BE
 ELIGIBLE. THE DIRECTOR OF THE DIVISION OF THE BUDGET  SHALL  DISCONTINUE
 AND  REVERSE  ANY  WITHHOLDS MADE PURSUANT   TO   THIS   PROVISION  UPON
 RECEIPT OF THE CERTIFICATION REQUIRED BY THIS STATUTE.
   6. SUCH LOCAL GOVERNMENT SHALL FILE A COPY OF  THE  BIENNIAL  PROGRESS
 REPORT  WITH  THE  DIVISION  WITHIN  THIRTY  DAYS OF THE RATIFICATION OR
 ADOPTION OF SUCH BIENNIAL PROGRESS REPORT. THE DIVISION SHALL MAKE ELEC-
 TRONIC COPIES OF SUCH BIENNIAL PROGRESS REPORTS AVAILABLE FOR REVIEW  BY
 THE PUBLIC IN A CENTRALIZED REPOSITORY ACCESSIBLE VIA THE INTERNET.
   7. BEGINNING ON APRIL FIRST, TWO THOUSAND TWENTY-FOUR, COMPLIANCE WITH
 THE  PROVISIONS  OF  THIS SECTION SHALL BE CONSIDERED A PREREQUISITE FOR
 CONSIDERATION OF A LOCAL POLICING AUTHORITY TO BE ACCREDITED  UNDER  THE
 NEW YORK STATE LAW ENFORCEMENT ACCREDITATION PROGRAM PURSUANT TO SECTION
 EIGHT HUNDRED FORTY-SIX-H OF THIS ARTICLE.
   § 2. This act shall take effect immediately.

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Senate Bill S9114

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2021-S9114 (ACTIVE) - Details

2021-S9114 (ACTIVE) - Summary

2021-S9114 (ACTIVE) - Sponsor Memo

2021-S9114 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Elijah Reichlin-Melnick

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2021-S9114 (ACTIVE) - Details

2021-S9114 (ACTIVE) - Summary

2021-S9114 (ACTIVE) - Sponsor Memo

2021-S9114 (ACTIVE) - Bill Text download pdf

Comments