File #: Int 1005-2024    Version: * Name: Certain oleoresin capsicum sprays in facilities operated by the department of correction.
Type: Introduction Status: Committee
Committee: Committee on Criminal Justice
On agenda: 8/15/2024
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to the use of certain 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, except in emergency situations, correction officers obtain authorization from their tour commander prior to using high-powered oleoresin capsicum (OC) sprays on incarcerated individuals, as required under existing state regulations. It would also require that any list of detainees who may be sensitive to the use of OC spray or other security-related actions be posted in control rooms and provided electronically to supervisors.
Attachments: 1. Summary of Int. No. 1005, 2. Int. No. 1005, 3. August 15, 2024 - Stated Meeting Agenda, 4. Hearing Transcript - Stated Meeting 8-15-24

Int. No. 1005

 

By Council Members Nurse and Cabán

 

A Local Law to amend the administrative code of the city of New York, in relation to the use of certain oleoresin capsicum sprays in facilities operated by the department of correction

 

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 9-168 to read as follows:

§ 9-168 Use of chemical agents. a. For purposes of this section, the following terms have the following meanings:

Adverse reactions list. The term “adverse reactions list” means a daily list provided to the department of correction by the New York city health and hospitals corporation, or any successor health care provider, which lists the names of all incarcerated individuals who may be at higher risk for adverse reactions to certain security-related actions.

High-powered OC spray. The term “high-powered OC spray” means an oleoresin capsicum (OC) spray with a manufacturer’s stated maximum range of more than 12 feet.

b. No correction officer shall use a high-powered OC spray to restrain, subdue, or compel an incarcerated individual to act or stop acting in a particular way without the approval of the tour commander of the facility or supervising correction officer of equivalent rank, except in emergency cases when a delay in the use of a high-powered OC spray presents an immediate threat of death or serious injury or severely threatens the safety or security of the facility. Any use of high-powered OC spray shall be documented in writing by the correction officer as soon as practicable after its use.

c. The commissioner of correction shall ensure that the most recent adverse reactions list is posted in all control rooms and tour commander offices and is electronically accessible to all supervising correction officers.

§ 2. This local law takes effect 180 days after it becomes law.

 

NAW

LS #16139

7/10/2024 5:00 PM