Requires the municipal police training council to promulgate rules and regulations regarding psychological evaluations for certain members of a police force

4 Co-sponsors

• Ruth Hassell-Thompson
• Kevin S. Parker
• Bill Perkins
• José M. Serrano

Title of bill

An act to amend the executive law, in relation to requiring the municipal police training council to promulgate regulations regarding psychological evaluations

Purpose

To require that police officers who are primarily tasked with patrolling the streets on a day-to-day basis, receive periodic psychological evaluations.

Summary of provisions

To require that police officers who are involved on a day to day basis in patrolling and safeguarding the streets are to be assessed and are able to maintain their fitness for duty by periodic (every three years)psychological evaluations.

Justification

The job of a police officer is and may be one of the toughest occupations that a person may engage in, short of active military duty. Studies have shown that many members of the military may suffer from post traumatic stress disorder (PTSD) and not even be aware of it.

Moreover, the police department requires that officers routinely qualify with regard to their proficiency with their service weapons. A failure to qualify may in and of itself have adverse consequences to their employment. The incongruity becomes patently obvious when and if an officer is psychologically unfit, but nevertheless an expert marksmen.

A recent look back at some tragic circumstances lends credence to the need for continuous evaluation of the mental fitness of these brave men and women who have chosen to protect and serve in harrowing conditions on a daily basis.

On Thanksgiving Day 1976 P.O. Robert Torsney shot Randolph Evans a 15 year old (unarmed) Brooklyn boy in the head at point blank range after a brief conversation and drove back to the 75th Pot. where he was arrested. At his trial in October 1977 he was found not guilty by reason of insanity and remanded to a State mental hospital. On December 20,1978 a Brooklyn Supreme Court ordered Torsney's release stating "he no longer posed a threat to society."

Since that date to the present there have been a number of unjustified police shootings, involving unarmed citizens. Most recently the shooting death of Ramarley Graham (18) an unarmed youth who was shot and killed in his bathroom on February 2, 2012 after police broke into his building and apartment illegally and that has sparked a great deal of public controversy.

In homage to this issue the New York Police Department (NYPD) recently modified the rules concerning the use of deadly physical force. The NYPD official patrol-guide, in the section referencing the use of firearms, inserted the words "in their professional judgment." The passage now reads: "Police officers shall not discharge their weapons when, in their professional judgment, doing so will unnecessarily endanger innocent persons."

"Professional judgment" by definition means "the ability to judge, make a decision - or form an opinion objectively, authoritatively, and wisely, especially in matters affecting action; good sense; discretion:"Professional judgment requires the utilization of one's faculties to making quantitative decisions and/or problem solving skills which may be impaired if there are psychological deficits.

LEGISLATIVE HISTORY :; 2013-2014: S942 2011-2012: S6853

Fiscal implications

None. EFFECTIVE DATE : Take effect immediately after it shall become a law.