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S09114 Summary:

BILL NOS09114
 
SAME ASNo Same As
 
SPONSORREICHLIN-MELNICK
 
COSPNSR
 
MLTSPNSR
 
Add §846-hh, Exec L
 
Enacts the New York state police reform and reinvention collaborative to require any local government entity which has a police agency and which has previously transmitted to the director of the division of the budget the certification required by executive order number two hundred three issued on June twelfth, two thousand twenty to improve the police agency's deployments, strategies, policies, procedures, and practices, for the purposes of addressing the particular needs of the communities served by such police agency and promote community engagement to foster trust, fairness, and legitimacy, and to address any racial bias and disproportionate policing of communities of color; requires a biennial progress report; makes related provisions.
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S09114 Memo:

Memo not available
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S09114 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9114
 
                    IN SENATE
 
                                       May 9, 2022
                                       ___________
 
        Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes
 
        AN ACT to amend the executive law, in relation to enacting  the  "police
          reform and reinvention act of 2022"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The executive law is amended by adding a new section 846-hh
     2  to read as follows:
     3    § 846-hh. New York state police reform and reinvention  collaborative.
     4  1.  Any local government entity which has a police agency operating with
     5  police officers as defined under section 1.20 of the criminal  procedure
     6  law and which has previously transmitted to the director of the division
     7  of  the  budget the certification required by executive order number two
     8  hundred three issued on June twelfth, two  thousand  twenty  and  titled
     9  "New  York  State  Police  Reform  and  Reinvention Collaborative" shall
    10  provide a biennial progress report on steps that have been taken by such
    11  government entity and corresponding police agency to advance  the  goals
    12  and initiatives outlined in the improvement plan developed in accordance
    13  with  executive  order number two hundred three (hereinafter referred to
    14  as "the plan") to improve the police agency's  deployments,  strategies,
    15  policies,  procedures, and practices, for the purposes of addressing the
    16  particular needs of the communities served by  such  police  agency  and
    17  promote  community engagement to foster trust, fairness, and legitimacy,
    18  and to address any racial bias and disproportionate policing of communi-
    19  ties of color.
    20    2. Such biennial progress report shall include metrics  and  narrative
    21  detailing  actions taken by each local government entity and correspond-
    22  ing police agency:
    23    (a)  to advance recommendations, goals, action  items,  and/or  initi-
    24  atives  identified  in  such  local  government entity and corresponding
    25  police agency's plan; and
    26    (b) to address evidence-based policing strategies, including  but  not
    27  limited  to,  use  of  force  policies;  procedural justice; any studies
    28  addressing systemic racial bias or racial justice in policing;  implicit
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15249-03-2

        S. 9114                             2
 
     1  bias  awareness  training;  de-escalation  training  and  practices; law
     2  enforcement assisted diversion programs; restorative justice  practices;
     3  community-based   outreach  and  conflict  resolution;  problem-oriented
     4  policing;  hot  spots  policing;  focused  deterrence;  crime prevention
     5  through environmental design; violence prevention and  reduction  inter-
     6  ventions;  model  policies  and  guidelines  promulgated by the New York
     7  State Municipal Police Training Council; and  standards  promulgated  by
     8  the  New  York  State  Law Enforcement Accreditation Program pursuant to
     9  section eight hundred forty-six-h of this article.
    10    3. Each chief executive of such local  government  shall  convene  the
    11  head  of  the  local  police  agency,  the  governing board of the local
    12  government, and stakeholders in the community, including but not limited
    13  to, members of the community who reside in areas with  high  numbers  of
    14  police  and  community interactions; interested non-profit organizations
    15  and community groups; faith leaders; the local office  of  the  district
    16  attorney;  and  the  local  public defender, in no fewer than three open
    17  public meetings to solicit information from and provide feedback to  the
    18  local police agency while preparing the draft biennial progress report.
    19    4.  Such  draft  biennial  progress report shall be offered for public
    20  comment to all residents of the locality,  and  after  consideration  of
    21  such  comments, shall be presented to the local legislative body in such
    22  political subdivision, which shall ratify or adopt such  plan  by  local
    23  law  or resolution, as appropriate, no later than April first, two thou-
    24  sand twenty-three; and each odd-numbered year thereafter on April first.
    25    5. Such local government shall transmit a certification to the  direc-
    26  tor  of  the division of the budget to affirm that such process has been
    27  complied with and such local law or resolution  has  been  adopted.  The
    28  director  of the division of the budget shall be authorized to condition
    29  receipt of future appropriated state or federal  funds  upon  filing  of
    30  such  certification  for  which such local government would otherwise be
    31  eligible. The director of the division of the budget  shall  discontinue
    32  and  reverse  any  withholds made pursuant   to   this   provision  upon
    33  receipt of the certification required by this statute.
    34    6. Such local government shall file a copy of  the  biennial  progress
    35  report  with  the  division  within  thirty  days of the ratification or
    36  adoption of such biennial progress report. The division shall make elec-
    37  tronic copies of such biennial progress reports available for review  by
    38  the public in a centralized repository accessible via the internet.
    39    7. Beginning on April first, two thousand twenty-four, compliance with
    40  the  provisions  of  this section shall be considered a prerequisite for
    41  consideration of a local policing authority to be accredited  under  the
    42  New York State Law Enforcement Accreditation Program pursuant to section
    43  eight hundred forty-six-h of this article.
    44    § 2. This act shall take effect immediately.
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