Creates the New York State Civilian Complaint Review Board to investigate alleged misconduct by police and peace officers

Summary of specific provisions

Section 1: Amends the executive law by adding a new article 43 to include the following:

-Legislative intent

-Defines "officer" as used in this section

-Creates the New York State civilian complaint review board, consisting of nine members; provides for appointment of board members;

-Provides that no member of the board shall hold any other public office or employment, or have experience as a law enforcement professional;

-Provides that members of the board shall be appointed for terms of three years;

-Provides for board members to receive reimbursement for expenses and a per diem allowance;

-Requires the board to appoint an executive director; authorizes the board to appoint employees, including investigators; empowers the board to adopt rules and regulations and to issue subpoenas;

-Provides that the board may offer mediation as an alternative to investigation and discipline;

-Sets forth a complaint review procedure;

-Provides that, in cases where allegations of misconduct are substantiated, the board shall forward the case to the subject officer's employer, and may recommend appropriate disciplinary action; provides that, if no disciplinary action is taken within 30 days, the board shall forward the case to the district attorney for the jurisdiction in which the misconduct occurred;

-Requires that all investigations shall be completed within six months of the date when the complaint was initiated, except in extenuating circumstances.

Section 2: Act to take effect immediately.

Justification

In an orderly and just society, it is critical that the public have confidence in the integrity of its police forces. When

allegations are made of misconduct by police or peace officers, it is in the interest of the officers, the alleged victims, and the public at large that these allegations are investigated by an impartial, independent, and credible body.

For this reason, in 1993 New York City created its civilian complaint review board, a non-police investigative body tasked with providing oversight of the New York Police Department, with the power to issue subpoenas and to recommend disciplinary action where necessary. The New York City civilian complaint review board has played a critical role in building public confidence in the NYPD, and has helped to build trust between officers and the communities they patrol.

Currently, no such body exists to mediate between the public and the myriad police and peace officer forces employed by the State of New York and its agencies, public authorities, and public benefit corporations. Allegations of abuse of authority or use of excessive force by these officers are typically handled by internal investigation processes, which are often murky and inconsistent, and which may have the appearance of lacking impartiality, as they are conducted by colleagues or supervisors of the officers accused of misconduct.

Both officers and members of the public will benefit by having such complaints investigated in a fair, consistent, and transparent manner by an independent and impartial body. By creating the New York State civilian complaint review board, this legislation will enhance New Yorkers' access to equal justice and will build confidence and a better working relationship between New York State police and peace officers and the public they serve.

Prior legislative history

A.741 of 2011-12; A.10618 of 2010 2013-2014: S3808- Referred to Finance

Fiscal implications

To be determined.

Effective date

Act to take effect immediately.