S T A T E   O F   N E W   Y O R K
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                                  2795

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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.