Provides that directors of in-patient facilities and hospitals shall designate safety officers to act as special policeman

1 Co-sponsor

• Frank Padavan

Title of bill

An act to amend the mental hygiene law and the public health law, in relation to peace officer powers of safety officers

Purpose

To promote the safety of patients, staff and visitors at New York health facilities.

Summary of provisions

Section 1 of the bill amends section 7.25 of the Mental Hygiene Law to require the Commissioner and inpatient facility directors in OMH to designate safety officers as safety officers who would have all the powers of a peace officer as set forth in section 2.20 of the criminal procedure law.

Section 2 of the bill amends section 13.25 of the Mental Hygiene Law to require the Commissioner and directors of facilities under the jurisdiction of the Commissioner to designate safety officers as peace officers.

Section 3 of the bill requires the director of each hospital within the Department of Health to designate safety officers as peace officers.

Justification

Safety officers employed by OMH, OMRDD and the Health Department provide valuable law enforcement services to the people of New York State. Safety officers patrol and inspect treatment facilities, handle all safety and security issues and prevent endangerment of patients, employees, visitors and property. Safety officers make arrests and transport prisoners to central booking. Safety officers monitor patients until their arraignment. Safety officers escort clients to court for hearings. Safety officers conduct community searches for escaped patients in New York and other states. Safety officers conduct vehicle and traffic stops. Their designation as "special policemen" pursuant to the provisions of the Mental Hygiene Law and the Public Health Law affords these individuals peace officer status under the Criminal Procedure Law. However, existing law does not mandate that they be designated as special policemen. Rather, such designation is discretionary. Mandating that safety officers be designated special policemen will ensure that safety officers have the ability to utilize their full peace officer powers while working at OMH, OMRDD or the Department of Health, thereby creating a safer environment for facility employees, patients and visitors. Moreover, the enactment of this bill will promote a uniform policy with respect to the treatment of New York's safety officers.

Legislative history

2008-07: S.927 Referred to Mental Health and Development 2006-05: S.2700 Referred to Mental Health and Development 2004: S.4165 Vetoed

Fiscal implications

None.

Effective date

Immediately.