Provides for police officer training program and the creation of the police training board; establishes a fund therefor

1 Co-sponsor

• Pedro Espada Jr.

Title of bill

An act to amend the executive law and the state finance law, in relation to establishing the police officer training program

Purpose

To provide funding and technical assistance to cities with a population of 100,000 or more to support the delivery of specialized police officer non-lethal tactics training.

Summary of provisions

Authorizes the Superintendent of State Police to make grants to municipal police departments to enhance non-lethal tactics training.

Justification

The New York Police Department Patrol Guide sets forth the NYPD's policies with respect to the use of force. The Patrol Guide advises that at the scene of a police incident officers must (1) immediately establish firearm control, (2) use minimum necessary force and (3) employ non-lethal alternatives, as appropriate. While the Patrol Guide does provide a detailed description for the use of non-lethal weapons like pepper spray and tear gas, it does not provide any clear guidance on the appropriateness of their use. There ought to be an objective evaluation by police departments with similar patrol guides of the benefits and risks in use of non-lethal force and weapons. The need for implementation of a policy to require additional officer training on the appropriateness of non-lethal force, including additional training on how to assess situations properly and quickly when non-lethal force or weapons are preferred over more aggressive response techniques, cannot be overstated.

Police departments need to have a well-defined training program that includes both extensive and comprehensive initial training and mandatory annual continuing training on non-lethal techniques. This training should include, in conjunction with proper procedures for use of non-lethal force and weapons, a focus on communication skills and verbal disengagement techniques designed to avoid and mitigate escalation of confrontation. An emphasis should be placed on training with interactive real-life scenarios in which officers confront ethical dilemmas in deciding on a level of force and provide proper protocol and guidelines for these situations. Training should also include a significant amount of hands-on training and practice in administering and deploying non-lethal force and of non-lethal weapons.

Enhanced police officer training should include instruction on the use of lower level-of-force techniques with certain vulnerable populations, such as individuals with physiological or psychological impairments, pregnant women, children, and those individuals under the influence of narcotics or hallucinogens. Specialized training should be seen as an effective way to teach officers how to interact with people with a mental illness or disability in order to minimize instances where certain behaviors are misinterpreted as being either suspicious or uncooperative.

Police departments should also have clearer defined policies regarding procedures and reporting requirements for using non-lethal force or weapons. The policy should include a mandated evaluation by a physician or other qualified medical personnel before or upon arrival at the police station for those in custody when there is evidence of mental disability. In addition, officers who use non-lethal force should be required to complete and submit individual reports, including but not limited to a description of the circumstances giving rise to the use of force, manner in which force was applied, and medical treatment, if any administered.

Legislative history

New bill in 2008; S.8408 FISCAL IMPLICATIONS : To be determined.

Local fiscal implications

None.

Effective date

On the first day of October next succeeding the date on which it shall have become law. Any rules and regulations necessary for the timely implementation of the act on its effective date shall be promulgated immediately.