Assembly Bill A9617

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9617
 
                           I N  A S S E M B L Y
 
                             January 21, 2026
                                ___________
 
 Introduced by M. of A. ROMERO -- read once and referred to the Committee
   on Correction
 
 AN  ACT  to  amend the county law and the correction law, in relation to
   establishing county law enforcement civilian complaint review boards
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 209 of the county law, as amended by chapter 310 of
 the laws of 1962, is amended to read as follows:
   §  209.  Investigations.  1.  The board of supervisors is empowered to
 conduct an investigation into any subject matter  within  its  jurisdic-
 tion,  including  the  conduct and performance of official duties of any
 officer or employee paid from county funds and the  accounting  for  all
 money or property owned by or under the control of the county. The power
 to  conduct investigations may be delegated to a committee of the board.
 The [chairman] CHAIR of the board and any member of such  committee  may
 issue  a  subpoena requiring a person to attend before the board or such
 committee and be examined in reference to any matter within the scope of
 the investigation, and in a proper case to produce all  books,  records,
 papers  and  documents  material  or  relevant  to  the investigation. A
 subpoena issued under this section shall be regulated by the civil prac-
 tice law and rules. The [chairman] CHAIR of the board and any member  of
 such  committee  may administer the oath to any witness and adjournments
 may be taken from time to time.
   2.(A) EVERY COUNTY SHALL CREATE  A  COUNTY  LAW  ENFORCEMENT  CIVILIAN
 COMPLAINT REVIEW BOARD, HEREINAFTER "REVIEW BOARD", AS AN INVESTIGATIVE,
 REVIEW, AND ADVISORY BODY AND IN FURTHERANCE OF EFFECTIVE IMPLEMENTATION
 OF  THE  BOARD  OF SUPERVISORS' OVERSIGHT AND INVESTIGATIVE AUTHORITY OF
 AND RELATING TO LOCAL CORRECTIONAL FACILITIES AND COUNTY LAW ENFORCEMENT
 OFFICIALS AND OFFICERS.   THE COUNTY  SHALL  ALLOCATE  SUFFICIENT  FUNDS
 ANNUALLY  AS TO ENSURE THAT THE REVIEW BOARD HAS THE RESOURCES NEEDED IN
 ORDER TO PROPERLY CARRY OUT ITS FUNCTIONS AS DESCRIBED IN THIS  SECTION,
 INCLUDING  OFFICE  SPACE,  OFFICE  SUPPLIES,  COMPUTERS, TELEPHONES, AND
 OTHER ITEMS NECESSARY TO FULFILL ITS OBLIGATIONS UNDER THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11806-03-5
              

 A. 9617                             2
 
   (B) THE REVIEW BOARD SHALL BE COMPRISED OF SEVEN INDIVIDUALS AND UP TO
 TWO EX-OFFICIO  MEMBERS,  WHO  ARE  RESIDENTS  OF  THE  COUNTY  AND  ARE
 APPOINTED BY THE BOARD OF SUPERVISORS TO SERVE ON THE REVIEW BOARD.  THE
 MEMBERS  OF  THE  REVIEW BOARD WILL NOT BE COMPENSATED BUT SHALL RECEIVE
 STIPENDS  OF NOT LESS THAN TWO THOUSAND FIVE HUNDRED DOLLARS PER YEAR IN
 RECOGNITION OF THEIR SERVICE AS VOLUNTEERS ON THE REVIEW BOARD.
   (C) SUCH MEMBERS SHALL SERVE TERMS OF THREE YEARS, EXCEPT, AS  TO  THE
 INITIAL MEMBERS APPOINTED TO THE REVIEW BOARD, TWO SHALL BE APPOINTED TO
 SERVE  A TERM OF ONE YEAR, TWO SHALL BE APPOINTED TO SERVE A TERM OF TWO
 YEARS, AND THREE SHALL BE APPOINTED TO SERVE A TERM OF THREE  YEARS.  NO
 REVIEW BOARD MEMBER SHALL SERVE MORE THAN SIX CONSECUTIVE YEARS, INCLUD-
 ING  RE-APPOINTMENTS.  THE  MEMBERS OF THE REVIEW BOARD SHALL INCLUDE AT
 LEAST TWO INDIVIDUALS WHO WERE FORMERLY INCARCERATED IN THE STATE OF NEW
 YORK IN A COUNTY  CORRECTIONAL  FACILITY  AND/OR  A  STATE  CORRECTIONAL
 FACILITY, AT LEAST ONE MEMBER WHO FORMERLY SERVED AS A POLICE OFFICER OR
 PEACE OFFICER IN THE STATE OF NEW YORK, AT LEAST ONE INDIVIDUAL WHO IS A
 LICENSED  PHYSICIAN,  NURSE,  OR  NURSE PRACTITIONER IN THE STATE OF NEW
 YORK, AT LEAST ONE INDIVIDUAL REPRESENTING A  COMMUNITY-BASED  ORGANIZA-
 TION  WITHIN  THE  COUNTY  WITH  A HISTORY OF ENGAGEMENT WITH EFFORTS TO
 REFORM AND IMPROVE THE CRIMINAL LEGAL SYSTEM, AND AT LEAST ONE  INDIVID-
 UAL  WITH A HISTORY OF ENGAGEMENT IN JAIL OR PRISON CHAPLAINCY OR MINIS-
 TRY. NO INDIVIDUAL WHO IS EMPLOYED AS A POLICE OFFICER OR PEACE  OFFICER
 IN  THE  STATE  OF  NEW  YORK  SHALL  SERVE ON THE REVIEW BOARD WHILE SO
 EMPLOYED.  VACANCIES CAUSED BY THE EXPIRATION OF TERM OR OTHERWISE SHALL
 BE FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS. ANY MEMBER CHOSEN
 TO FILL IN A VACANCY CREATED OTHER THAN BY EXPIRATION OF TERM  SHALL  BE
 APPOINTED FOR THE UNEXPIRED TERM OF THE SUCCEEDED MEMBER.
   (D) THE MEMBERS OF THE REVIEW BOARD SHALL BE APPOINTED BY THE BOARD OF
 SUPERVISORS WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION
 AND  THE  REVIEW  BOARD  SHALL COMMENCE OPERATIONS WITHIN NINETY DAYS OF
 SUCH APPOINTMENT.
   (E) THE PUBLIC DEFENDER AND DISTRICT ATTORNEY MAY APPOINT AN  INDIVID-
 UAL WHO PREVIOUSLY SERVED IN THEIR OFFICE AS AN EX-OFFICIO MEMBER OF THE
 BOARD.
   (F)  THIS  SECTION  SHALL APPLY TO ALL COUNTIES EXCEPT COUNTIES WHOLLY
 WITHIN A CITY.
   (G) EACH REVIEW BOARD SHALL HAVE THE FOLLOWING POWERS AND OBLIGATIONS:
   (I) THE REVIEW BOARD SHALL HAVE THE POWER AND OBLIGATION TO  ESTABLISH
 BY MAJORITY VOTE OF THE MEMBERS OF THE REVIEW BOARD RULES AND PROCEDURES
 FOR  THE  REVIEW  BOARD'S  OPERATIONS.   SUCH RULES AND PROCEDURES SHALL
 INCLUDE THAT THE OPERATION OF THE REVIEW BOARD SHALL  BE  IN  ACCORDANCE
 WITH THE REQUIREMENTS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW RELAT-
 ING TO OPEN MEETINGS.  SUCH RULES AND PROCEDURES SHALL BE ADOPTED WITHIN
 SIXTY DAYS OF THE APPOINTMENT OF THE INITIAL MEMBERS OF THE REVIEW BOARD
 AND MAY THEN BE AMENDED AS DEEMED NECESSARY BY THE REVIEW BOARD.
   (II) THE REVIEW BOARD SHALL HAVE THE POWER AND OBLIGATION TO INDEPEND-
 ENTLY  REVIEW COMPLAINTS MADE TO IT CONCERNING ALLEGATIONS OF MISCONDUCT
 BY COUNTY LAW ENFORCEMENT OFFICERS  OR  OFFICIALS.    AS  USED  IN  THIS
 SECTION,  "COUNTY LAW ENFORCEMENT" SHALL INCLUDE ALL COUNTY LAW ENFORCE-
 MENT AGENCIES AND CORRECTIONAL FACILITIES, AND "OFFICERS  OR  OFFICIALS"
 SHALL  INCLUDE ALL OFFICERS OR OFFICIALS DIRECTLY EMPLOYED BY SUCH AGEN-
 CIES AND FACILITIES OR CONTRACTED THEREWITH.
   (III) THE REVIEW BOARD SHALL HAVE THE POWER AND OBLIGATION  TO  REVIEW
 INTERNAL  INVESTIGATIONS  OF  CIVILIAN  COMPLAINTS  AGAINST  COUNTY  LAW
 ENFORCEMENT OFFICERS OR OFFICIALS CONDUCTED BY  COUNTY  LAW  ENFORCEMENT
 AGENCIES  AND  SHALL  HAVE  FULL  ACCESS  TO ALL DOCUMENTS AND MATERIALS
 A. 9617                             3
 
 CREATED, OBTAINED, OR MAINTAINED BY THE LAW ENFORCEMENT  AGENCY  OR  THE
 COUNTY RELATING TO SUCH INTERNAL INVESTIGATIONS.  COUNTY LAW ENFORCEMENT
 AGENCIES SHALL NOTIFY THE REVIEW BOARD WITHIN ONE WEEK OF THE INITIATION
 OF  ANY  SUCH  INTERNAL  INVESTIGATION  AND  SHALL PROMPTLY PROVIDE FULL
 ACCESS TO THE REVIEW BOARD  TO  ALL  DOCUMENTS  AND  MATERIALS  CREATED,
 OBTAINED,  OR MAINTAINED BY THE LAW  ENFORCEMENT AGENCY  OR  THE  COUNTY
 RELATING TO SUCH INTERNAL INVESTIGATIONS.
   (IV) IN REGARD TO COMPLAINTS RECEIVED BY THE REVIEW BOARD PURSUANT  TO
 SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH, THE REVIEW BOARD SHALL HAVE THE
 POWER AND OBLIGATION TO  MAKE  FINDINGS  AND  RECOMMENDATIONS  UPON  ITS
 DELIBERATIONS UPON A REVIEW OF A EACH SUCH COMPLAINT.  SUCH FINDINGS AND
 RECOMMENDATIONS  SHALL  BE  MADE  WITHIN  NINETY  DAYS OF RECEIPT BY THE
 REVIEW BOARD OF A COMPLAINT UNLESS  THE  REVIEW  BOARD  DETERMINES  THAT
 ADDITIONAL  TIME IS NECESSARY IN ORDER TO ISSUE FINDINGS AND RECOMMENDA-
 TIONS. DETERMINATIONS THAT ADDITIONAL TIME IS NECESSARY SHALL BE MADE BY
 ADOPTION OF A MOTION SUBMITTED BY ONE OR  MORE  MEMBERS  OF  THE  REVIEW
 BOARD  STATING  THAT  ADDITIONAL  TIME  IS  NECESSARY AND SPECIFYING THE
 REASON OR REASONS ADDITIONAL TIME IS NECESSARY. ANY  DETERMINATION  THAT
 ADDITIONAL  TIME IS NECESSARY IN ORDER TO ISSUE FINDINGS AND RECOMMENDA-
 TIONS SHALL SET A NEW DEADLINE NOT LONGER  THAN  NINETY  DAYS  FROM  THE
 INITIAL  DEADLINE.  THE INITIAL DEADLINE MAY BE SO EXTENDED NO MORE THAN
 TWO TIMES. THE REVIEW BOARD'S FINDINGS AND RECOMMENDATIONS SHALL INCLUDE
 WRITTEN DETERMINATIONS AS TO EACH ALLEGATION CONTAINED IN OR  RAISED  BY
 THE COMPLAINT AS TO WHETHER THE REVIEW BOARD FINDS BY A PREPONDERANCE OF
 THE  EVIDENCE SUCH ALLEGATION TO BE CREDIBLE. IF ANY ALLEGATION IS FOUND
 TO BE CREDIBLE, THE DETERMINATION OF THE REVIEW BOARD  SHALL,  FOR  EACH
 SUCH ALLEGATION, MAKE A RECOMMENDATION AS TO THE INITIATION OF DISCIPLI-
 NARY  ACTION  AND/OR  THE  FILING OF CRIMINAL CHARGES AND/OR AS TO OTHER
 STEPS, SUCH AS AN APOLOGY,  PARTICIPATION  IN  ADDITIONAL  TRAINING,  OR
 PARTICIPATION IN A RESTORATIVE JUSTICE PROCESS. THE REVIEW BOARD'S FIND-
 INGS  AND DETERMINATIONS SHALL BE PROVIDED WITHIN ONE WEEK OF THE REVIEW
 BOARD'S ADOPTION OF SUCH FINDINGS AND RECOMMENDATIONS TO THE CHAIRPERSON
 OF THE BOARD OF SUPERVISORS AND TO THE HEAD  OF  THE  AGENCY  OR  OFFICE
 WHICH  EMPLOYS OR EMPLOYED THE OFFICER OR OFFICERS INVOLVED IN THE INCI-
 DENT THAT WAS THE SUBJECT OF THE COMPLAINT.
   (V) IN REGARD TO INTERNAL INVESTIGATIONS REVIEWED BY THE REVIEW  BOARD
 PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH, THE REVIEW BOARD SHALL
 HAVE  THE POWER AND OBLIGATION TO MAKE FINDINGS AND RECOMMENDATIONS UPON
 ITS DELIBERATIONS UPON A REVIEW OF  EACH  SUCH  INTERNAL  INVESTIGATION.
 SUCH  FINDINGS  AND  RECOMMENDATIONS SHALL BE MADE WITHIN NINETY DAYS OF
 RECEIPT BY THE REVIEW BOARD OF NOTIFICATION TO THE REVIEW BOARD  OF  THE
 EXISTENCE  OF SUCH INTERNAL INVESTIGATION UNLESS THE REVIEW BOARD DETER-
 MINES THAT ADDITIONAL TIME IS NECESSARY IN ORDER TO ISSUE  FINDINGS  AND
 RECOMMENDATIONS.  DETERMINATIONS THAT ADDITIONAL TIME IS NECESSARY SHALL
 BE MADE BY ADOPTION OF A MOTION SUBMITTED BY ONE OR MORE MEMBERS OF  THE
 REVIEW  BOARD  STATING  THAT ADDITIONAL TIME IS NECESSARY AND SPECIFYING
 THE REASON OR REASONS ADDITIONAL TIME IS  NECESSARY.  ANY  DETERMINATION
 THAT  ADDITIONAL TIME IS NECESSARY IN ORDER TO ISSUE FINDINGS AND RECOM-
 MENDATIONS SHALL SET A NEW DEADLINE NOT LONGER THAN NINETY DAYS FROM THE
 INITIAL DEADLINE. THE INITIAL DEADLINE MAY BE SO EXTENDED NO  MORE  THAN
 TWO TIMES. THE REVIEW BOARD'S FINDINGS AND RECOMMENDATIONS SHALL INCLUDE
 WRITTEN  DETERMINATIONS AS TO WHETHER THE REVIEW BOARD FINDS SUCH INTER-
 NAL INVESTIGATION WAS CONDUCTED IN A PROPER MANNER, AND,  IN  REGARD  TO
 EACH  ALLEGATION  CONTAINED  IN  OR RAISED BY THE INTERNAL INVESTIGATION
 THAT PROVIDED THE BASIS FOR THE INTERNAL INVESTIGATION,  AS  TO  WHETHER
 THE  REVIEW  BOARD FINDS BY A PREPONDERANCE OF THE EVIDENCE SUCH ALLEGA-
 A. 9617                             4
 
 TION TO BE CREDIBLE.  IF THE REVIEW BOARD FINDS THAT THE INTERNAL INVES-
 TIGATION WAS NOT CONDUCTED IN A PROPER MANNER, THE REVIEW BOARD'S  FIND-
 INGS  AND  RECOMMENDATIONS SHALL STATE THE BASIS OF SUCH FINDING. IF ANY
 ALLEGATION OF THE UNDERLYING INTERNAL INVESTIGATION IS FOUND TO BE CRED-
 IBLE, THE DETERMINATION OF THE REVIEW BOARD SHALL, FOR EACH SUCH ALLEGA-
 TION,  MAKE A RECOMMENDATION AS TO THE INITIATION OF DISCIPLINARY ACTION
 AND/OR THE FILING OF CRIMINAL CHARGES AND/OR AS TO OTHER STEPS, SUCH  AS
 AN  APOLOGY, PARTICIPATION IN ADDITIONAL TRAINING, OR PARTICIPATION IN A
 RESTORATIVE JUSTICE PROCESS.  THE REVIEW BOARD'S FINDINGS  AND  DETERMI-
 NATIONS SHALL BE PROVIDED WITHIN ONE WEEK OF THE REVIEW BOARD'S ADOPTION
 OF  SUCH FINDINGS AND RECOMMENDATIONS TO THE CHAIRPERSON OF THE BOARD OF
 SUPERVISORS AND TO THE HEAD OF THE AGENCY OR  OFFICE  WHICH  EMPLOYS  OR
 EMPLOYED  THE  OFFICER OR OFFICERS INVOLVED IN THE INCIDENT THAT WAS THE
 SUBJECT OF THE INTERNAL INVESTIGATION.
   (VI) THE REVIEW BOARD SHALL HAVE THE  POWER  AND  OBLIGATION  TO  MAKE
 FINDINGS  UPON ITS DELIBERATIONS CONCERNING ANY POLICIES, PROCEDURES AND
 PRACTICES OF COUNTY LAW ENFORCEMENT AGENCIES IN WHATEVER FORM  IT  DEEMS
 NECESSARY, INCLUDING REPORTS AND REFERRALS TO ANY OTHER AGENCY OR INSTI-
 TUTION OF COMPETENT JURISDICTION.
   (VII)  THE  REVIEW BOARD SHALL HAVE THE POWER AND OBLIGATION TO RECOM-
 MEND CHANGES IN COUNTY POLICY AND PROCEDURES TO THE  BOARD  OF  SUPERVI-
 SORS.
   (VIII)  THE REVIEW BOARD SHALL HAVE THE POWER AND OBLIGATION, CONSIST-
 ENT WITH THE PROVISIONS OF STATE LAW TO MAKE PUBLIC ANY OF THE  FINDINGS
 OR RECOMMENDATIONS DESCRIBED IN THIS SECTION.
   (IX)  THE REVIEW BOARD SHALL HAVE WHATEVER OTHER POWERS ARE GRANTED TO
 THEM BY THE BOARD OF SUPERVISORS.
   (X) IF THE SHERIFF DECLINES TO ADOPT THE RECOMMENDATIONS MADE  BY  THE
 REVIEW  BOARD,  THEY SHALL RESPOND TO THE COMPLAINT OR INTERNAL INVESTI-
 GATION WITHIN FOURTEEN DAYS.  THE COUNTY LEGISLATURE, MAY BY RESOLUTION,
 EXTEND THIS DEADLINE FOR AN ADDITIONAL FOURTEEN DAYS.
   § 2. Section 500-j of the correction law, as amended by chapter 291 of
 the laws of 2009, is amended to read as follows:
   § 500-j. Who may visit local correctional  facilities.  The  following
 persons  may  visit  at  pleasure all local correctional facilities: The
 governor and lieutenant-governor, secretary of  state,  comptroller  and
 attorney-general,  members  of  the  legislature, judges of the court of
 appeals, justices of the  supreme  court  and  county  judges,  district
 attorneys, MEMBERS OF A COUNTY LAW ENFORCEMENT CIVILIAN COMPLAINT REVIEW
 BOARD  ESTABLISHED  PURSUANT  TO  SUBDIVISION TWO OF SECTION TWO HUNDRED
 NINE OF THE COUNTY LAW IN AND OF THE COUNTY IN WHICH  SUCH  FACILITY  IS
 LOCATED,  and  every [clergyman] CLERGYPERSON or minister, as such terms
 are defined in section two of the  religious  corporations  law,  having
 charge  of  a  congregation  in  the  county  in  which such facility is
 located. No other person  not  otherwise  authorized  by  law  shall  be
 permitted  to  enter the rooms of a local correctional facility in which
 convicts are confined, unless under such regulations as the  sheriff  of
 the county, or in counties within the city of New York, the commissioner
 of correction of such city, or in the county of Westchester, the commis-
 sioner of correction of such county shall prescribe.
   § 3. This act shall take effect immediately.