S2795-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Feb 1, 2011: REFERRED TO CODES

S2795-2011 Memo

BILL NUMBER:S2795

TITLE OF BILL:
An act
to amend the criminal procedure law and the mental hygiene law, in
relation to the powers of chief safety officers

PURPOSE:
Grants additional power to the chief safety
officers employed by the Office of Mental Health (OMH) and the Office
of Mental Retardation and Developmental Disabilities (OMRDD) by
conferring "police officer status" on these individuals.

SUMMARY OF PROVISIONS:
Amends subdivision thirty-four of section 1.20
of the Criminal Procedure law and sections 7.25 and 13.25 of the
Mental Hygiene law.

JUSTIFICATION:
OMH and OMRDD facilities need the immediate response of
fully empowered law enforcement persons to better protect consumers,
employees and visitors alike. Having to wait for a local police
response is unacceptable and unsafe in some instances. These Chief
Safety Officers are well-trained professionals with years of
dedicated public service. They will have no difficulty prudently and
professionally exercising this new authority.

LEGISLATIVE HISTORY:
2008  S.925 Referred to Codes
2007  S.925 Referred to Codes
2006  S.2705-A Referred to Codes
2005  Referred to the Codes Committee
2004  S.2983  Referred to Codes Committee

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect six months after it shall have
become a law, with provisions.

S2795-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2795
 2011-2012 Regular Sessions
 I N  SENATE
 February 1, 2011
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 

AN ACT to amend the criminal procedure law and the mental  hygiene  law,
 in relation to the powers of chief safety officers
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 34 of section 1.20 of  the  criminal  procedure
 law is amended by adding a new paragraph (w) to read as follows:

 (W)  A  CHIEF  SAFETY OFFICER DESIGNATED BY THE COMMISSIONER OF MENTAL
 HEALTH AND THE DIRECTORS OF  IN-PATIENT  FACILITIES  IN  THE  OFFICE  OF
 MENTAL  HEALTH PURSUANT TO SUBDIVISION (C) OF SECTION 7.25 OF THE MENTAL
 HYGIENE LAW AND A CHIEF SAFETY OFFICER DESIGNATED BY THE COMMISSIONER OF
 DEVELOPMENTAL DISABILITIES AND THE DIRECTORS OF FACILITIES UNDER HIS  OR
 HER  JURISDICTION  IN THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI
 TIES PURSUANT TO SUBDIVISION (C) OF SECTION 13.25 OF THE MENTAL  HYGIENE
 LAW.
 

S 2. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal
 procedure law, as amended by chapter 428 of the laws of 1999, is amended
 to read as follows:

 (a)  Except  as provided in [paragraph] PARAGRAPHS (d) AND (E) of this
 subdivision, New  York  state  constitutes  the  "geographical  area  of
 employment"  of  any police officer employed as such by an agency of the
 state or by an authority which functions  throughout  the  state,  or  a
 police officer designated by the superintendent of state police pursuant
 to section two hundred twenty-three of the executive law;
 

S 3. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal
 procedure law, as amended by chapter 424 of the laws of 1998, is amended
 to read as follows:

 (a)  Except  as provided in [paragraph] PARAGRAPHS (d) AND (E) OF THIS
 SUBDIVISION, New  York  state  constitutes  the  "geographical  area  of
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07471-01-1
 
       S. 2795                             2
 employment"  of  any police officer employed as such by an agency of the
 state or by an authority which functions throughout the state;
 

S 4. Subdivision 34-a of section 1.20 of the criminal procedure law is
 amended by adding a new paragraph (e) to read as follows:

 (E)  THE  GEOGRAPHICAL  AREA  OF  EMPLOYMENT OF A CHIEF SAFETY OFFICER
 DESIGNATED BY THE COMMISSIONER OF MENTAL HEALTH  AND  THE  DIRECTORS  OF
 IN-PATIENT  FACILITIES IN THE OFFICE OF MENTAL HEALTH PURSUANT TO SUBDI
 VISION (C) OF SECTION 7.25 OF THE MENTAL HYGIENE LAW IS  THE  FACILITIES
 UNDER  THE  JURISDICTION  OF  THE  COMMISSIONER OF MENTAL HEALTH AND THE
 GEOGRAPHICAL AREA OF EMPLOYMENT OF A CHIEF SAFETY OFFICER DESIGNATED  BY
 THE  COMMISSIONER  OF  DEVELOPMENTAL  DISABILITIES  AND THE DIRECTORS OF
 FACILITIES UNDER HIS OR HER JURISDICTION IN THE OFFICE FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES PURSUANT TO SUBDIVISION (C) OF SECTION 13.25
 OF THE MENTAL HYGIENE LAW IS THE FACILITIES UNDER  THE  JURISDICTION  OF
 THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES.
 

S  5. Subdivision 12 of section 2.10 of the criminal procedure law, as
 added by chapter 843 of the laws of 1980, is amended to read as follows:

 12. Special policemen, EXCEPT CHIEF  SAFETY  OFFICERS  AS  DEFINED  IN
 SUBDIVISION  (C) OF SECTION 7.25 OF THE MENTAL HYGIENE LAW designated by
 the commissioner and the  directors  of  in-patient  facilities  in  the
 office  of  mental health pursuant to section 7.25 of the mental hygiene
 law, and special policemen, EXCEPT CHIEF SAFETY OFFICERS AS  DEFINED  IN
 SUBDIVISION  (C)  OF SECTION 13.25 OF THE MENTAL HYGIENE LAW, designated
 by the commissioner and the directors of facilities  under  his  OR  HER
 jurisdiction  in  the office [of mental retardation and] FOR PEOPLE WITH
 developmental disabilities pursuant  to  section  13.25  of  the  mental
 hygiene  law;  provided, however, that nothing in this subdivision shall
 be deemed to authorize  such  officers  to  carry,  possess,  repair  or
 dispose  of  a  firearm unless the appropriate license therefor has been
 issued pursuant to section 400.00 of the penal law.
 

S 6.

Section 7.25 of the mental hygiene law is amended by  adding  two
 new subdivisions (c) and (d) to read as follows:

 (C) THE COMMISSIONER AND THE DIRECTORS OF IN-PATIENT FACILITIES IN THE
 OFFICE  MAY  DESIGNATE  CHIEF  SAFETY OFFICERS WHOSE DUTY IT SHALL BE TO
 PRESERVE PEACE AND GOOD ORDER IN FACILITIES OF SUCH OFFICE AND TO  FULLY
 PROTECT THE GROUNDS, BUILDINGS, AND PATIENTS. SUCH CHIEF SAFETY OFFICERS
 SHALL  POSSESS  ALL  THE POWERS OF POLICE OFFICERS AS SET FORTH IN PARA
 GRAPH (W) OF SUBDIVISION THIRTY-FOUR OF SECTION  1.20  OF  THE  CRIMINAL
 PROCEDURE LAW WHILE PERFORMING DUTIES IN OR ARISING OUT OF THE COURSE OF
 THEIR  EMPLOYMENT.  SUBJECT  TO  THE  APPROVAL  OF THE COMMISSIONER, THE
 DIRECTORS OF IN-PATIENT FACILITIES IN THE  OFFICE  SHALL  ENTER  INTO  A
 WRITTEN  AGREEMENT  WITH ADJOINING LAW ENFORCEMENT AGENCIES ESTABLISHING
 PROTOCOLS FOR THE EXERCISE OF AUTHORITY BY SUCH CHIEF  SAFETY  OFFICERS,
 INCLUDING MUTUAL AID AND ASSISTANCE. SUCH WRITTEN PROTOCOLS SHALL NOT BE
 DEEMED TO SUPERSEDE THE AUTHORITY OF OTHER SUCH POLICE OFFICERS.
 (D)  THE  COMMISSIONER SHALL PROVIDE THAT CHIEF SAFETY OFFICERS SATIS
 FACTORILY COMPLETE WITHIN ONE YEAR OF THE  DATE  OF  HIS  APPOINTMENT  A
 COURSE  OF ENFORCEMENT TRAINING APPROVED BY THE MUNICIPAL TRAINING COUN
 CIL IN CONSULTATION WITH THE OFFICE. THE COMMISSIONER SHALL  ALSO  CAUSE
 TO BE DEVELOPED AND IMPLEMENTED A TRAINING PROGRAM FOR SUCH CHIEF SAFETY
 OFFICERS TO INCLUDE: (1) FIRE PREVENTION; (2) FIRST AID AND CARDIOPULMO
 NARY  RESUSCITATION;  (3)  PROPER  USE  OF  RESTRAINT; AND (4) ANY OTHER
 TRAINING DEEMED NECESSARY TO AUGMENT SUCH PERSON'S SKILLS  IN  PROVIDING
 NECESSARY SAFETY AND SECURITY SERVICES FOR THE FACILITY.
 

S  7.

Section 13.25 of the mental hygiene law is amended by adding two
 new subdivisions (c) and (d) to read as follows:

 
       S. 2795                             3
 (C) THE COMMISSIONER AND THE DIRECTORS OF FACILITIES UNDER HIS OR  HER
 JURISDICTION MAY DESIGNATE CHIEF SAFETY OFFICERS WHOSE DUTY IT SHALL BE,
 UNDER  ORDERS  OF  THE  APPROPRIATE  OFFICER, TO PRESERVE PEACE AND GOOD
 ORDER IN FACILITIES AND TO FULLY PROTECT  THE  GROUNDS,  BUILDINGS,  AND
 PATIENTS.  SUCH  CHIEF  SAFETY  OFFICERS SHALL POSSESS ALL THE POWERS OF
 POLICE OFFICERS AS SET FORTH IN PARAGRAPH (W) OF SUBDIVISION THIRTY-FOUR
 OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW WHILE PERFORMING DUTIES IN
 OR ARISING OUT OF  THE  COURSE  OF  THEIR  EMPLOYMENT.  SUBJECT  TO  THE
 APPROVAL  OF THE COMMISSIONER, THE DIRECTORS OF IN-PATIENT FACILITIES IN
 THE OFFICE SHALL ENTER INTO  A  WRITTEN  AGREEMENT  WITH  ADJOINING  LAW
 ENFORCEMENT AGENCIES ESTABLISHING PROTOCOLS FOR THE EXERCISE OF AUTHORI
 TY  BY  SUCH CHIEF SAFETY OFFICERS, INCLUDING MUTUAL AID AND ASSISTANCE.
 SUCH WRITTEN PROTOCOLS SHALL NOT BE DEEMED TO SUPERSEDE THE AUTHORITY OF
 OTHER SUCH POLICE OFFICERS.
 (D) THE COMMISSIONER SHALL PROVIDE THAT CHIEF SAFETY  OFFICERS  SATIS
 FACTORILY COMPLETE WITHIN ONE YEAR OF THE DATE OF HIS OR HER APPOINTMENT
 A  COURSE  OF  ENFORCEMENT  TRAINING  APPROVED BY THE MUNICIPAL TRAINING
 COUNCIL IN CONSULTATION WITH THE OFFICE OF MENTAL HEALTH.   THE  COMMIS
 SIONER  SHALL  ALSO  CAUSE  TO  BE  DEVELOPED AND IMPLEMENTED A TRAINING
 PROGRAM FOR SUCH CHIEF SAFETY OFFICERS TO INCLUDE: (1) FIRE  PREVENTION;
 (2)  FIRST  AID  AND  CARDIOPULMONARY  RESUSCITATION;  (3) PROPER USE OF
 RESTRAINT; AND (4) ANY OTHER TRAINING DEEMED NECESSARY TO  AUGMENT  SUCH
 PERSON'S  SKILLS IN PROVIDING NECESSARY SAFETY AND SECURITY SERVICES FOR
 THE FACILITY.
 

S 8. This act shall take effect 6 months after it shall have become  a
 law,  provided  that the amendments to paragraph (a) of subdivision 34-a
 of section 1.20 of the criminal procedure law made  by  section  two  of
 this  act shall be subject to the expiration and reversion of such para
 graph pursuant to section 3 of chapter 428  of  the  laws  of  1999,  as
 amended, when upon such date the provisions of section three of this act
 shall take effect.

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