Bill S1416-2013

Directs the superintendent of state police to develop and institute child-sensitive arrest policies and procedures

Directs the superintendent of state police to develop and institute child-sensitive arrest policies and procedures for instances where police are arresting an individual who is a parent, guardian or other person legally charged with the care or custody of a child.

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  • Jan 8, 2014: REFERRED TO CHILDREN AND FAMILIES
  • Jan 9, 2013: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S1416

TITLE OF BILL: An act to amend the executive law and the criminal procedure law, in relation to developing and instituting child-sensitive arrest policies and procedures

PURPOSE: To establish, maintain, and disseminate policies and procedures regarding child-sensitive arrest practices.

SUMMARY OF PROVISIONS: Section 1: Amends the executive law by adding a new section 214-d, requiring the superintendent, in consultation with the office of child and family services and the division of criminal justice services, to maintain and disseminate written policies and procedures regarding child sensitive arrest practices. These policies include but are not limited to: (1) inquiring whether an arrestee is charged with the care or custody of a child; (2) allowing for the arrangement of temporary care for the child; (3) education on how witnessing violence causes emotional harm to children and how law enforcement can minimize the impact of such harm; (4) information on the availability of access to community-based providers of crisis intervention, child protection, and other resources that could aid the child.

Section 2. Amends the executive law by adding a new subdivision (f-1) to subdivision 3 of section 840, requiring DCJS in consultation with the office of child and family services to maintain and disseminate written policies and procedures regarding child sensitive arrest practices. These policies include but are not limited to: (1) inquiring whether an arrestee is charged with the care or custody of a child; (2) allowing for the arrangement of temporary care for the child; (3) education on how witnessing violence causes emotional harm to children and how law enforcement can minimize the impact of such harm; (4) information on the availability of access to community-based providers of crisis intervention, child protection, and other resources that could aid the child.

Section 3: Amends the criminal procedure law by adding two new sections 120.85 and 140.17, by requiring that state and local law enforcement officers who are arresting an individual inquire at the time of the arrest whether the individual is parent, guardian, or person legally charged with the care or custody of a minor child who may be at risk as a result of the arrest. Further, the arresting officer is to make reasonable efforts to ensure the safety of such child in accordance with the polices established pursuant to section 214-d of the executive law.

JUSTIFICATION: A national study conducted in 1998 estimated that of parents arrested, 67% were handcuffed in front of their children, 27% reported weapons drawn in front of their children, 4.3% reported a

physical struggle, and 3.2% reported the use of pepper spray. (Phillips, S.D. (1998). Programming for children of female offenders. Proceedings from 4th National Head Start Research Conference. Washington, DC (cited in report to the Oregon Legislature on Senate Bill 133 (p.2). December 2002)). According to a 2010 study discussed in a report by the examining the relationship between witnessing arrests and elevated symptoms of post traumatic stress, children who witnessed the arrest of someone in their household and had a recently arrested parent were 73% more likely to have elevated post traumatic stress symptoms than children who did not have an arrested parent and had never witnessed an arrest (Phillips, S.D., & Zhao J. (2010). The relationship between witnessing arrests and elevated symptoms of posttraumatic stress. Children and Youth Services Review, 32 (10). 1246-1254. doi:10.1016/j.childyouth.201004.0125)

Witnessing an arrest can cause anxiety, confusion, anger, sadness, and a myriad of other emotions in children. Most children do not talk about this experience. Many develop negative associations with law enforcement or figures of authority as a result. This can put them at risk because they may not seek assistance from the police when they feel unsafe or are in danger. Further, their respect for the law and sense of right and wrong can be complicated by their parent's arrest. This is particularly true if they were not aware of their parent's law-breaking, if they witnessed aggression toward their parents during an arrest, or if their parents did not take responsibility for their actions, using language to convey that arrests happen randomly or without justification.

By adopting and implementing child-sensitive arrest policies and procedures as modeled in other states and jurisdictions, child trauma and out-of-home placements can be minimized and the needs of these children can be properly met.

LEGISLATIVE HISTORY: 2011-2012: S.6043-A - Died in Committee

FISCAL IMPLICATIONS: Unknown.

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1416 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. MONTGOMERY, KRUEGER, PARKER, PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the executive law and the criminal procedure law, in relation to developing and instituting child-sensitive arrest policies and procedures THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 214-d to read as follows: S 214-D. CHILD-SENSITIVE ARRESTS. THE SUPERINTENDENT, IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL DEVELOP, MAINTAIN AND DISSEMINATE TO ALL MEMBERS OF THE STATE POLICE, INCLUDING NEW AND VETERAN OFFICERS, WRITTEN POLICIES AND PROCEDURES, REGARDING CHILD-SENSITIVE ARREST PRAC- TICES. SUCH POLICIES AND PROCEDURES SHALL ENSURE THE IDENTIFICATION AND SAFETY OF A CHILD LESS THAN EIGHTEEN YEARS OLD WHEN SUCH CHILD'S PARENT, GUARDIAN, OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD IS ARRESTED. SUCH POLICIES AND PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) PROCEDURES TO ENSURE THAT STATE POLICE OFFICERS INQUIRE AND DOCU- MENT WHETHER AN ARRESTEE IS THE PARENT, GUARDIAN OR PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF A CHILD; (B) PROCEDURES TO ALLOW FOR THE ARRANGEMENT OF TEMPORARY CARE FOR THE CHILD OF AN ARRESTED PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD TO ENSURE SUCH CHILD'S SAFETY AND WELL-BEING, WHICH MAY INCLUDE ALLOWING THE ARRESTED PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD TO PLACE ADDITIONAL PHONE CALLS TO ARRANGE FOR CHILD CARE; (C) EDUCATION ON HOW WITNESSING VIOLENCE CAUSES EMOTIONAL HARM TO CHILDREN AND HOW LAW ENFORCEMENT CAN ASSIST IN MINIMIZING THE IMPACT OF SUCH HARM; AND
(D) INFORMATION ON THE AVAILABILITY OF ACCESS TO COMMUNITY-BASED PROVIDERS OF CRISIS INTERVENTION, CHILD PROTECTION AND OTHER SUPPORTIVE RESOURCES THAT COULD AID THE CHILD OF AN ARRESTED PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD. S 2. Subdivision 3 of section 840 of the executive law is amended by adding a new paragraph (f-1) to read as follows: (F-1) DEVELOPING, MAINTAINING AND DISSEMINATING, IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, WRITTEN POLICIES AND PROCE- DURES REGARDING CHILD-SENSITIVE ARREST PRACTICES. SUCH POLICIES AND PROCEDURES SHALL ENSURE THE IDENTIFICATION AND SAFETY OF A CHILD LESS THAN EIGHTEEN YEARS OLD WHEN SUCH CHILD'S PARENT, GUARDIAN, OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD IS ARRESTED. SUCH POLICES AND PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED TO: (1) PROCEDURES TO ENSURE THAT LOCAL LAW ENFORCEMENT OFFICERS INQUIRE AND DOCUMENT WHETHER AN ARRESTEE IS THE PARENT, GUARDIAN OR PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF A CHILD; (2) PROCEDURES TO ALLOW FOR THE ARRANGEMENT OF TEMPORARY CARE FOR THE CHILD OF AN ARRESTED PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD TO ENSURE SUCH CHILD'S SAFETY AND WELL-BEING, WHICH MAY INCLUDE ALLOWING THE ARRESTED PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD TO PLACE ADDITIONAL PHONE CALLS TO ARRANGE FOR CHILD CARE; (3) EDUCATION ON HOW WITNESSING VIOLENCE CAUSES EMOTIONAL HARM TO CHILDREN AND HOW LAW ENFORCEMENT CAN ASSIST IN MINIMIZING THE IMPACT OF SUCH HARM; AND (4) INFORMATION ON THE AVAILABILITY OF ACCESS TO COMMUNITY-BASED PROVIDERS OF CRISES INTERVENTION, CHILD PROTECTION AND OTHER SUPPORTIVE RESOURCES THAT COULD AID THE CHILD OF AN ARRESTED PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTODY OF SUCH CHILD; S 3. The criminal procedure law is amended by adding two new sections 120.85 and 140.17 to read as follows: S 120.85 CHILD-SENSITIVE ARRESTS. A STATE OR LOCAL LAW ENFORCEMENT OFFICER WHO ARRESTS AN INDIVIDUAL SHALL, AT THE TIME OF THE ARREST, INQUIRE WHETHER SUCH INDIVIDUAL IS THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTO- DY OF A CHILD LESS THAN EIGHTEEN YEARS OLD WHO MAY BE AT RISK AS A RESULT OF THE ARREST. THE OFFICER SHALL MAKE REASONABLE EFFORTS TO ENSURE THE SAFETY OF SUCH CHILD IN ACCORDANCE WITH THE POLICIES AND PROCEDURES ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FOURTEEN-D OR PARAGRAPH (F-1) OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED FORTY OF THE EXECUTIVE LAW AS APPLICABLE. S 140.17 CHILD-SENSITIVE ARRESTS. A STATE OR LOCAL LAW ENFORCEMENT OFFICER WHO ARRESTS AN INDIVIDUAL SHALL, AT THE TIME OF THE ARREST, INQUIRE WHETHER SUCH INDIVIDUAL IS THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OR CUSTO- DY OF A CHILD LESS THAN EIGHTEEN YEARS OLD WHO MAY BE AT RISK AS A RESULT OF THE ARREST. THE OFFICER SHALL MAKE REASONABLE EFFORTS TO ENSURE THE SAFETY OF SUCH CHILD IN ACCORDANCE WITH THE POLICIES AND PROCEDURES ESTABLISHED PURSUANT TO SECTION TWO HUNDRED FOURTEEN-D OR PARAGRAPH (F-1) OF SUBDIVISION THREE OF SECTION EIGHT HUNDRED FORTY OF THE EXECUTIVE LAW AS APPLICABLE. S 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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