Relates to accurate reporting of crime statistics and excludes certain crime statistics from consideration when making rates of insurance

1 Co-sponsor

• Bill Perkins

Title of bill

An act to amend the executive law, in relation to accurate reporting of crime statistics; and to amend the insurance law, in relation to excluding certain crime statistics from consideration when making rates of insurance

Purpose or general idea of bill

Excludes crime data or statistics in setting rates of insurance when such data or statistics are as a result of crimes committed in correctional or detention facilities.

Summary of specific provisions

Section 1. Amends the executive law by adding a new section, 837-s. Requires the accurate reporting of crime data in order to ensure that crimes that are committed in prisons or other correctional facilities, for which local police precincts and departments do not respond and are not assigned to, are not reflected in crime statistics for a given area.

Section 2. Amends the insurance law, section 2304 (b). Prohibits an insurer or rate service organization from including crime data or statistics from its rate setting, when such crime data is related to crime that is committed within prisons or correctional facilities that are located within the area being evaluated.

Section 3. Effective Date

Existing law

None.

Justification

According to an article by Dennis Slattery in the New York Daily News on Wednesday, January 15, 2014, crimes that are committed within the Rikers Island Penal Complex are added to the compstat statistics for the 410 Precinct in the Bronx. This artificial inflation of the crime rates in the South Bronx, and in other areas of New York State where prisons and correctional facilities are located, financially impacts the localities because insurers then set their rates higher.

Crimes that are committed within prisons and other correctional facilities should have no impact on the crime statistics of the surrounding area and on the local police precincts and departments. Local police are not assigned to prisons and jails, local law enforcement has no ability whatsoever to prevent prison-based crime or increase their patrols in order to reduce crime.

Likewise, local residents should not be punished through higher insurance rates as a result of crime that takes place in prisons and other correctional facilities.

This bill would prohibit prison based crime from being included in the crime statistics for the local precinct. It would also prohibit insurers from increasing their car and property insurance rates due to crimes committed in prisons.

The Governor's Veto Message stated that 1) other entities already collect the information required by the legislation; 2) the program would impose a substantial unbudgeted cost on the Division; and 3) these issues are better addressed within the context of upcoming budget negotiations.

Prior legislative history

2014: S.6364A - Passed Senate/A.8630A - Passed Assembly; Veto Message #497

Fiscal implications

None

Effective date

Immediately