Bill Text: NY A05947 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes the department of civilian justice; provides for composition and powers of the department of civilian justice.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2019-05-29 - print number 5947a [A05947 Detail]

Download: New_York-2019-A05947-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5947--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 20, 2019
                                       ___________

        Introduced  by  M. of A. FERNANDEZ, ARROYO, RIVERA, CRUZ, D'URSO -- read
          once and referred to  the  Committee  on  Governmental  Operations  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the executive  law,  in  relation  to  establishing  the
          department of civilian justice

          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 article 28  to
     2  read as follows:
     3                                 ARTICLE 28
     4                       DEPARTMENT OF CIVILIAN JUSTICE
     5  Section 821. Department  of civilian justice; establishment and composi-
     6                 tion.
     7          822. Department of civilian justice; functions and duties.
     8    § 821. Department of civilian justice; establishment and  composition.
     9  There  is  hereby established a department of civilian justice. The head
    10  of the department of civilian  justice  shall  be  the  commissioner  of
    11  civilian  justice,  to  be appointed by the governor.  The department of
    12  civilian justice shall have a deputy commissioner to be appointed by the
    13  governor. The department of civilian justice shall have  a  director  of
    14  investigations to be appointed by the governor. The director of investi-
    15  gations  shall  hire and supervise a unit of five investigative supervi-
    16  sors, and no less than fifty  investigative  staff.  The  department  of
    17  civilian justice shall have a director of operations and human resources
    18  to  be  appointed  by  the  governor. The department of civilian justice
    19  shall have a director of trials and judicial operations, who shall be  a
    20  judge, to be appointed by the governor. The director of trials and judi-
    21  cial  operations  shall hire and supervise a unit of five administrative
    22  law judges, ten  prosecutors,  and  six  court  reporters.  Adjudicatory
    23  proceedings  of the department of civilian justice shall be conducted by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09769-03-9

        A. 5947--A                          2

     1  administrative law judges who are not affiliated with nor influenced  by
     2  any  state  department.  Investigations  of  the  department of civilian
     3  justice shall be conducted in an impartial fashion by  an  investigative
     4  staff.   All investigative staff must disclose any conflict of interests
     5  within investigations. Upon discovery of a non-disclosed conflict of  an
     6  investigative staff member, such member shall be prohibited from partic-
     7  ipating in investigations and may be terminated.
     8    §  822.  Department  of  civilian  justice;  functions and duties. The
     9  department of civilian justice  shall  have  the  following  duties  and
    10  responsibilities:
    11    1.  promulgate  rules  and  regulations  in  accordance with the state
    12  administrative procedure act regarding corruption and  misconduct  by  a
    13  person in a public safety position, including any position or rank with-
    14  in  any  police department, district attorney's office, fire department,
    15  county jail or correctional facility and the New York  state  department
    16  of corrections and community supervision;
    17    2.  receive,  review  and  investigate  complaints made by any person,
    18  whether or not that person is a victim of, or witness to, an incident of
    19  corruption or misconduct by  a  person  in  a  public  safety  position,
    20  including  any  position  or rank within any police department, district
    21  attorney's office, fire department, county jail or correctional facility
    22  and the New York state department of corrections  and  community  super-
    23  vision.  Intake  of complaints shall be taken by phone, mail and through
    24  the department of civilian justice website;
    25    3. conduct adjudicatory  proceedings  in  accordance  with  the  state
    26  administrative  procedure  act,  and  issue  final  decisions, which may
    27  include discipline for any position or rank within  any  police  depart-
    28  ment,  district  attorney's  office,  fire  department,  county  jail or
    29  correctional facility and the New York state department  of  corrections
    30  and community supervision;
    31    4.  secure  subpoenas,  as  needed, to retrieve evidence and conduct a
    32  thorough investigation of  complaints  received  by  the  department  of
    33  civilian justice;
    34    5. review all records, files, and computers obtained by the department
    35  of  civilian justice of any person under investigation by the department
    36  of civilian justice;
    37    6. suspend any person or persons found guilty of obstructing an inves-
    38  tigation of the  department  of  civilian  justice  in  an  adjudicatory
    39  proceeding conducted pursuant to the state administrative procedure act.
    40  Such  person  or  persons  shall  be further charged with misconduct and
    41  corruption in an adjudicatory proceeding conducted pursuant to the state
    42  administrative procedure act;
    43    7. suspend any person or persons found guilty of  causing  retaliation
    44  against  a person for filing a complaint with the department of civilian
    45  justice in an adjudicatory proceeding conducted pursuant  to  the  state
    46  administrative  procedure  act.  Such person or persons shall be further
    47  charged with misconduct and corruption  in  an  adjudicatory  proceeding
    48  conducted pursuant to the state administrative procedure act;
    49    8. provide an annual report of the commissioner of civilian justice in
    50  a public hearing;
    51    9.  comply  with  the  provisions  of  the freedom of information law,
    52  including directly handling all requests for information pursuant to the
    53  freedom of information law; and
    54    10. engage in community outreach throughout the state to  educate  the
    55  public  concerning  the department of civilian justice's purpose and the

        A. 5947--A                          3

     1  services provided to the public concerning the issues  relevant  to  the
     2  department of civilian justice's operation.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.
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