File #: Int 1035-2024    Version: * Name: Review of the potential use of lower-strength oleoresin capsicum sprays in facilities operated by the department of correction.
Type: Introduction Status: Committee
Committee: Committee on Criminal Justice
On agenda: 9/12/2024
Enactment date: Law number:
Title: A Local Law in relation to a review of the potential use of lower-strength oleoresin capsicum sprays in facilities operated by the department of correction
Sponsors: Sandy Nurse, Tiffany Cabán
Council Member Sponsors: 2
Summary: This bill would require that the New York City Department of Correction (DOC) conduct a study on the efficacy of using lower-strength OC sprays in DOC facilities. The study would also require DOC to study the extent to which incarcerated persons, staff, or visitors to DOC facilities may have medical complications due to the use of higher-strength OC spray, and to consider whether it may be appropriate to use lower-strength spray in targeted situations where people in the facility may be at higher risk of medical complications from the use of higher-strength spray.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 1035, 2. Int. No. 1035, 3. Hearing Transcript - Stated Meeting 9-12-24, 4. September 12, 2024 - Stated Meeting Agenda

Int. No. 1035

 

By Council Members Nurse and Cabán

 

A Local Law in relation to a review of the potential use of lower-strength oleoresin capsicum sprays in facilities operated by the department of correction

 

Be it enacted by the Council as follows:

 

Section 1. a. Definitions. For purposes of this local law, the following terms have the following meanings:

Commissioner. The term “commissioner” means the commissioner of correction.

Department. The term “department” means the department of correction.

Higher-strength OC spray. The term “higher-strength OC spray” means an OC spray containing a greater than 1% concentration of major capsaicinoids.

Lower-strength OC spray. The term “lower-strength OC spray” means an OC spray containing a less than 1% concentration of major capsaicinoids.

OC spray. The term “OC spray” means an oleoresin capsicum spray.

b. Study on lower-strength OC spray. The commissioner shall conduct a study on the feasibility of using lower-strength OC sprays in all department facilities. Through such study, the commissioner shall:

1. Determine whether a lower-strength OC spray will produce a sufficient response to any situation that may compromise the safety, security, or order in a department facility, such that it could be utilized instead of a higher-strength OC spray with comparable effectiveness;

2. Determine whether there are any correction officers, incarcerated persons, or others physically present in department facilities who may experience medical complications as a result of the use of higher-strength OC sprays, and whether they would benefit from the use of lower-strength OC sprays;

3. Survey correctional facilities in other jurisdictions to determine the types of OC sprays in use in the facilities, as well as best practices for the use of OC sprays in such facilities.

c. Report. No later than 1 year after the effective date of this local law, the commissioner shall submit to the mayor and the speaker of the council, and post on the department’s website, a report on the findings of the study required pursuant to subdivision b of this local law. Such report shall also include, if the study determines lower-strength OC sprays may not be used effectively in all instances, whether issuing lower-strength OC sprays to correction officers and appropriate staff who may be at risk to adverse reactions from higher-strength OC sprays can be achieved without unreasonably compromising safety.

§ 2. This local law takes effect immediately.

 

NAW

LS #16140

8/12/2024 11:10 AM