Bill Text: NY S02795 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides for the designation of chief safety officers at mental health facilities; provides for the powers and duties of such chief safety officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S02795 Detail]
Download: New_York-2011-S02795-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 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: 1 Section 1. Subdivision 34 of section 1.20 of the criminal procedure 2 law is amended by adding a new paragraph (w) to read as follows: 3 (W) A CHIEF SAFETY OFFICER DESIGNATED BY THE COMMISSIONER OF MENTAL 4 HEALTH AND THE DIRECTORS OF IN-PATIENT FACILITIES IN THE OFFICE OF 5 MENTAL HEALTH PURSUANT TO SUBDIVISION (C) OF SECTION 7.25 OF THE MENTAL 6 HYGIENE LAW AND A CHIEF SAFETY OFFICER DESIGNATED BY THE COMMISSIONER OF 7 DEVELOPMENTAL DISABILITIES AND THE DIRECTORS OF FACILITIES UNDER HIS OR 8 HER JURISDICTION IN THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI- 9 TIES PURSUANT TO SUBDIVISION (C) OF SECTION 13.25 OF THE MENTAL HYGIENE 10 LAW. 11 S 2. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal 12 procedure law, as amended by chapter 428 of the laws of 1999, is amended 13 to read as follows: 14 (a) Except as provided in [paragraph] PARAGRAPHS (d) AND (E) of this 15 subdivision, New York state constitutes the "geographical area of 16 employment" of any police officer employed as such by an agency of the 17 state or by an authority which functions throughout the state, or a 18 police officer designated by the superintendent of state police pursuant 19 to section two hundred twenty-three of the executive law; 20 S 3. Paragraph (a) of subdivision 34-a of section 1.20 of the criminal 21 procedure law, as amended by chapter 424 of the laws of 1998, is amended 22 to read as follows: 23 (a) Except as provided in [paragraph] PARAGRAPHS (d) AND (E) OF THIS 24 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 1 employment" of any police officer employed as such by an agency of the 2 state or by an authority which functions throughout the state; 3 S 4. Subdivision 34-a of section 1.20 of the criminal procedure law is 4 amended by adding a new paragraph (e) to read as follows: 5 (E) THE GEOGRAPHICAL AREA OF EMPLOYMENT OF A CHIEF SAFETY OFFICER 6 DESIGNATED BY THE COMMISSIONER OF MENTAL HEALTH AND THE DIRECTORS OF 7 IN-PATIENT FACILITIES IN THE OFFICE OF MENTAL HEALTH PURSUANT TO SUBDI- 8 VISION (C) OF SECTION 7.25 OF THE MENTAL HYGIENE LAW IS THE FACILITIES 9 UNDER THE JURISDICTION OF THE COMMISSIONER OF MENTAL HEALTH AND THE 10 GEOGRAPHICAL AREA OF EMPLOYMENT OF A CHIEF SAFETY OFFICER DESIGNATED BY 11 THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES AND THE DIRECTORS OF 12 FACILITIES UNDER HIS OR HER JURISDICTION IN THE OFFICE FOR PEOPLE WITH 13 DEVELOPMENTAL DISABILITIES PURSUANT TO SUBDIVISION (C) OF SECTION 13.25 14 OF THE MENTAL HYGIENE LAW IS THE FACILITIES UNDER THE JURISDICTION OF 15 THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES. 16 S 5. Subdivision 12 of section 2.10 of the criminal procedure law, as 17 added by chapter 843 of the laws of 1980, is amended to read as follows: 18 12. Special policemen, EXCEPT CHIEF SAFETY OFFICERS AS DEFINED IN 19 SUBDIVISION (C) OF SECTION 7.25 OF THE MENTAL HYGIENE LAW designated by 20 the commissioner and the directors of in-patient facilities in the 21 office of mental health pursuant to section 7.25 of the mental hygiene 22 law, and special policemen, EXCEPT CHIEF SAFETY OFFICERS AS DEFINED IN 23 SUBDIVISION (C) OF SECTION 13.25 OF THE MENTAL HYGIENE LAW, designated 24 by the commissioner and the directors of facilities under his OR HER 25 jurisdiction in the office [of mental retardation and] FOR PEOPLE WITH 26 developmental disabilities pursuant to section 13.25 of the mental 27 hygiene law; provided, however, that nothing in this subdivision shall 28 be deemed to authorize such officers to carry, possess, repair or 29 dispose of a firearm unless the appropriate license therefor has been 30 issued pursuant to section 400.00 of the penal law. 31 S 6. Section 7.25 of the mental hygiene law is amended by adding two 32 new subdivisions (c) and (d) to read as follows: 33 (C) THE COMMISSIONER AND THE DIRECTORS OF IN-PATIENT FACILITIES IN THE 34 OFFICE MAY DESIGNATE CHIEF SAFETY OFFICERS WHOSE DUTY IT SHALL BE TO 35 PRESERVE PEACE AND GOOD ORDER IN FACILITIES OF SUCH OFFICE AND TO FULLY 36 PROTECT THE GROUNDS, BUILDINGS, AND PATIENTS. SUCH CHIEF SAFETY OFFICERS 37 SHALL POSSESS ALL THE POWERS OF POLICE OFFICERS AS SET FORTH IN PARA- 38 GRAPH (W) OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL 39 PROCEDURE LAW WHILE PERFORMING DUTIES IN OR ARISING OUT OF THE COURSE OF 40 THEIR EMPLOYMENT. SUBJECT TO THE APPROVAL OF THE COMMISSIONER, THE 41 DIRECTORS OF IN-PATIENT FACILITIES IN THE OFFICE SHALL ENTER INTO A 42 WRITTEN AGREEMENT WITH ADJOINING LAW ENFORCEMENT AGENCIES ESTABLISHING 43 PROTOCOLS FOR THE EXERCISE OF AUTHORITY BY SUCH CHIEF SAFETY OFFICERS, 44 INCLUDING MUTUAL AID AND ASSISTANCE. SUCH WRITTEN PROTOCOLS SHALL NOT BE 45 DEEMED TO SUPERSEDE THE AUTHORITY OF OTHER SUCH POLICE OFFICERS. 46 (D) THE COMMISSIONER SHALL PROVIDE THAT CHIEF SAFETY OFFICERS SATIS- 47 FACTORILY COMPLETE WITHIN ONE YEAR OF THE DATE OF HIS APPOINTMENT A 48 COURSE OF ENFORCEMENT TRAINING APPROVED BY THE MUNICIPAL TRAINING COUN- 49 CIL IN CONSULTATION WITH THE OFFICE. THE COMMISSIONER SHALL ALSO CAUSE 50 TO BE DEVELOPED AND IMPLEMENTED A TRAINING PROGRAM FOR SUCH CHIEF SAFETY 51 OFFICERS TO INCLUDE: (1) FIRE PREVENTION; (2) FIRST AID AND CARDIOPULMO- 52 NARY RESUSCITATION; (3) PROPER USE OF RESTRAINT; AND (4) ANY OTHER 53 TRAINING DEEMED NECESSARY TO AUGMENT SUCH PERSON'S SKILLS IN PROVIDING 54 NECESSARY SAFETY AND SECURITY SERVICES FOR THE FACILITY. 55 S 7. Section 13.25 of the mental hygiene law is amended by adding two 56 new subdivisions (c) and (d) to read as follows: S. 2795 3 1 (C) THE COMMISSIONER AND THE DIRECTORS OF FACILITIES UNDER HIS OR HER 2 JURISDICTION MAY DESIGNATE CHIEF SAFETY OFFICERS WHOSE DUTY IT SHALL BE, 3 UNDER ORDERS OF THE APPROPRIATE OFFICER, TO PRESERVE PEACE AND GOOD 4 ORDER IN FACILITIES AND TO FULLY PROTECT THE GROUNDS, BUILDINGS, AND 5 PATIENTS. SUCH CHIEF SAFETY OFFICERS SHALL POSSESS ALL THE POWERS OF 6 POLICE OFFICERS AS SET FORTH IN PARAGRAPH (W) OF SUBDIVISION THIRTY-FOUR 7 OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW WHILE PERFORMING DUTIES IN 8 OR ARISING OUT OF THE COURSE OF THEIR EMPLOYMENT. SUBJECT TO THE 9 APPROVAL OF THE COMMISSIONER, THE DIRECTORS OF IN-PATIENT FACILITIES IN 10 THE OFFICE SHALL ENTER INTO A WRITTEN AGREEMENT WITH ADJOINING LAW 11 ENFORCEMENT AGENCIES ESTABLISHING PROTOCOLS FOR THE EXERCISE OF AUTHORI- 12 TY BY SUCH CHIEF SAFETY OFFICERS, INCLUDING MUTUAL AID AND ASSISTANCE. 13 SUCH WRITTEN PROTOCOLS SHALL NOT BE DEEMED TO SUPERSEDE THE AUTHORITY OF 14 OTHER SUCH POLICE OFFICERS. 15 (D) THE COMMISSIONER SHALL PROVIDE THAT CHIEF SAFETY OFFICERS SATIS- 16 FACTORILY COMPLETE WITHIN ONE YEAR OF THE DATE OF HIS OR HER APPOINTMENT 17 A COURSE OF ENFORCEMENT TRAINING APPROVED BY THE MUNICIPAL TRAINING 18 COUNCIL IN CONSULTATION WITH THE OFFICE OF MENTAL HEALTH. THE COMMIS- 19 SIONER SHALL ALSO CAUSE TO BE DEVELOPED AND IMPLEMENTED A TRAINING 20 PROGRAM FOR SUCH CHIEF SAFETY OFFICERS TO INCLUDE: (1) FIRE PREVENTION; 21 (2) FIRST AID AND CARDIOPULMONARY RESUSCITATION; (3) PROPER USE OF 22 RESTRAINT; AND (4) ANY OTHER TRAINING DEEMED NECESSARY TO AUGMENT SUCH 23 PERSON'S SKILLS IN PROVIDING NECESSARY SAFETY AND SECURITY SERVICES FOR 24 THE FACILITY. 25 S 8. This act shall take effect 6 months after it shall have become a 26 law, provided that the amendments to paragraph (a) of subdivision 34-a 27 of section 1.20 of the criminal procedure law made by section two of 28 this act shall be subject to the expiration and reversion of such para- 29 graph pursuant to section 3 of chapter 428 of the laws of 1999, as 30 amended, when upon such date the provisions of section three of this act 31 shall take effect.