New York City Council Header
File #: Int 0778-2015    Version: Name: DOC to submit regular reports regarding the investigations of the use of force by correction officers on inmates.
Type: Introduction Status: Enacted
Committee: Committee on Fire and Criminal Justice Services
On agenda: 4/28/2015
Enactment date: 12/1/2017 Law number: 2017/216
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of correction to submit regular reports regarding the investigations of the use of force by correction officers on inmates
Sponsors: Rosie Mendez, Daniel R. Garodnick, Fernando Cabrera , Margaret S. Chin, Costa G. Constantinides, Corey D. Johnson, Brad S. Lander, Donovan J. Richards, Deborah L. Rose, Helen K. Rosenthal, Carlos Menchaca, Ben Kallos
Council Member Sponsors: 12
Summary: This bill requires the Department of Correction (“DOC”) to issue a yearly report regarding investigations into the use of force by staff on inmates, including the number of investigations and outcomes of such investigations.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 778-A, 2. Summary of Int. No. 778, 3. April 28, 2015 - Stated Meeting Agenda with Links to Files, 4. Committee Report 5/6/15, 5. Hearing Testimony 5/6/15, 6. Hearing Transcript 5/6/15, 7. Proposed Int. No. 778-A - 10/27/17, 8. Committee Report 10/30/17, 9. Hearing Transcript 10/30/17, 10. October 31, 2017 - Stated Meeting Agenda with Links to Files, 11. Hearing Transcript - Stated Meeting 10-31-17, 12. Int. No. 778-A (FINAL), 13. Fiscal Impact Statement, 14. Legislative Documents - Letter to the Mayor, 15. Local Law 216, 16. Minutes of the Stated Meeting - October 31, 2017
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/1/2017ARosie Mendez City Council City Charter Rule Adopted  Action details Meeting details Not available
11/20/2017ARosie Mendez Mayor Hearing Held by Mayor  Action details Meeting details Not available
10/31/2017ARosie Mendez City Council Sent to Mayor by Council  Action details Meeting details Not available
10/31/2017ARosie Mendez City Council Approved by CouncilPass Action details Meeting details Not available
10/30/2017*Rosie Mendez Committee on Fire and Criminal Justice Services Hearing Held by Committee  Action details Meeting details Not available
10/30/2017*Rosie Mendez Committee on Fire and Criminal Justice Services Amendment Proposed by Comm  Action details Meeting details Not available
10/30/2017*Rosie Mendez Committee on Fire and Criminal Justice Services Amended by Committee  Action details Meeting details Not available
10/30/2017ARosie Mendez Committee on Fire and Criminal Justice Services Approved by CommitteePass Action details Meeting details Not available
5/6/2015*Rosie Mendez Committee on Fire and Criminal Justice Services Hearing Held by Committee  Action details Meeting details Not available
5/6/2015*Rosie Mendez Committee on Fire and Criminal Justice Services Laid Over by Committee  Action details Meeting details Not available
4/28/2015*Rosie Mendez City Council Referred to Comm by Council  Action details Meeting details Not available
4/28/2015*Rosie Mendez City Council Introduced by Council  Action details Meeting details Not available

Int. No. 778-A

 

By Council Members Mendez, Garodnick, Cabrera, Chin, Constantinides, Johnson, Lander, Richards, Rose, Rosenthal, Menchaca and Kallos

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of correction to submit regular reports regarding the investigations of the use of force by correction officers on inmates

 

Be it enacted by the Council as follows:

Section 1. Chapter 1 of title 9 of the administrative code of the city of New York is amended by adding a new section 9-152 to read as follows:  

                         § 9-152 Report on use of force investigations.

a. Definitions. For purposes of this section, the following terms have the following meanings:

Formal proceeding. The term “formal proceeding” means any formal proceeding before a tribunal, administrative judge, or other adjudicative body outside the department to adjudicate a disciplinary action pursuant to section 75 of the civil service law, including but not limited to proceedings before the New York city office of administrative trials and hearings.

Incident. The term “incident” means any incident in which staff used force on an inmate.

Staff. The term “staff” means any department of correction uniformed staff.

b. Beginning August 31, 2018, and every year thereafter, the commissioner shall prepare a report on investigations into incidents for the previous fiscal year. This report shall be sent to the mayor and the speaker of the council, and posted on the department’s website. This report shall include, but need not be limited to, the following information:

1. The number and rate in which the department investigated incidents.

2. The number and rate of incidents for which the department determined that staff violated a departmental rule or was otherwise subject to discipline, the type of incident that occurred, and the type of discipline recommended and actually imposed for such incidents.

3. To the extent applicable, information regarding the entities within the department that are responsible for conducting investigations into incidents, including the number, rate and speed at which such entities conduct and complete investigations.

4. To the extent applicable, the number of formal proceedings that occurred, and the outcomes of such proceedings. In any case in which the outcome of a formal proceeding was a recommendation to the commissioner for a certain type of sanction, the report shall include whether the recommended sanction was accepted, rejected or modified.

5. The number of investigations into incidents that were referred to a district attorney’s office, the department of investigation, or any similar law enforcement entity.

c. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information or that would interfere with law enforcement investigations.

§ 2. This local law takes effect immediately.

BC

LS #2364

10/23/17