Directs the superintendent of state police to develop and institute arrest policies and procedures for instances where police are arresting an individual who has responsibility for a person with an intellectual or developmental disability.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5974
SPONSOR: Shimsky TITLE OF BILL:
An act to amend the executive law and the criminal procedure law, in
relation to directing the superintendent of state police to develop and
institute arrest policies and procedures for instances where police are
arresting an individual who is a parent, guardian or other person legal-
ly charged with the care or custody of a person with an intellectual or
developmental disability
PURPOSE OR GENERAL IDEA:
To establish, maintain, and disseminate policies and procedures regard-
ing sensitive arrest policies and procedures where police are arresting
an individual charged with the care or custody of a person with an
intellectual or developmental disability.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the executive law by adding a new section
214-g. Person with an intellectual or developmental disability-sensitive
arrest, to require the superintendent, in consultation with the office
for people with developmental disabilities and the division of criminal
justice services, to develop and disseminate written policies and proce-
dures regarding arrest procedures sensitive to persons with an intellec-
tual or developmental disability. These procedures shall include but are
not limited to: (1) inquiring whether an arrestee is charged with the
care or custody of a person with an intellectual or developmental disa-
bility; (2) allowing for the arrangement of temporary care of a person
with intellectual or developmental disability; (3) education on how
witnessing violence causes emotional harm to a person with an intellec-
tual or developmental disability and how law enforcement can minimize
the impact of such harm; and (4) information on the availability of
access to community-based providers of crisis intervention, protection,
and other resources that could aid the person with an intellectual or
developmental disability.
Section 2 amends executive law section 840 (3) by adding anew subdivi-
sion (f-2) to require DOS in consultation with the office for people
with developmental disabilities 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 inter-
vention, 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). Program-
ming 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, 3
2 (10). 1246-1254.doi:10.1016/3.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 those arrests happen randomly or without justification.
By adopting and implementing child-sensitive arrest policies and proce-
dures 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:
2021-2022: A8043 - referred to governmental operations
FISCAL IMPLICATIONS:
Not determined at this time.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
5974
2023-2024 Regular Sessions
IN ASSEMBLY
March 24, 2023
___________
Introduced by M. of A. SHIMSKY -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law and the criminal procedure law, in
relation to directing the superintendent of state police to develop
and institute 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 person with an
intellectual or developmental disability
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 section 214-i
2 to read as follows:
3 § 214-i. Person with an intellectual or developmental disability-sen-
4 sitive arrests. The superintendent, in consultation with the office for
5 people with developmental disabilities and the division of criminal
6 justice services, shall develop, maintain and disseminate to all members
7 of the state police, including new and veteran officers, written poli-
8 cies and procedures, regarding arrest practices sensitive to persons
9 with an intellectual or developmental disability. Such policies and
10 procedures shall ensure the identification and safety of a person with
11 an intellectual or developmental disability when such person's parent,
12 guardian, or other person legally charged with the care or custody of
13 such person is arrested. Such policies and procedures shall include,
14 but not be limited to:
15 (a) procedures to ensure that state police officers inquire and docu-
16 ment whether an arrestee is the parent, guardian or person legally
17 charged with the care or custody of a person with an intellectual or
18 developmental disability;
19 (b) procedures to allow for the arrangement of temporary care for the
20 person with an intellectual or developmental disability when the parent,
21 guardian or other person legally charged with the care or custody of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09682-01-3
A. 5974 2
1 such person is arrested to ensure such person's safety and well-being,
2 which may include allowing the arrested parent, guardian or other person
3 legally charged with the care or custody of such person with an intel-
4 lectual or developmental disability to place additional phone calls to
5 arrange for the person's care;
6 (c) education on how witnessing violence causes emotional harm to a
7 person with an intellectual or developmental disability and how law
8 enforcement can assist in minimizing the impact of such harm; and
9 (d) information on the availability of access to community-based
10 providers of crisis intervention, protection and other supportive
11 resources that could aid the person with an intellectual or develop-
12 mental disability when such person's parent, guardian or other person
13 legally charged with the care or custody of such person is arrested.
14 § 2. Subdivision 3 of section 840 of the executive law is amended by
15 adding a new paragraph (f-2) to read as follows:
16 (f-2) Developing, maintaining and disseminating, in consultation with
17 the office for people with developmental disabilities, written policies
18 and procedures regarding arrest practices sensitive to persons with an
19 intellectual or developmental disability. Such policies and procedures
20 shall ensure the identification and safety of a person with an intellec-
21 tual or developmental disability when such person's parent, guardian, or
22 other person legally charged with the care or custody of such person is
23 arrested. Such polices and procedures shall include, but not be limited
24 to:
25 (1) procedures to ensure that local law enforcement officers inquire
26 and document whether an arrestee is the parent, guardian or person
27 legally charged with the care or custody of a person with an intellectu-
28 al or developmental disability;
29 (2) procedures to allow for the arrangement of temporary care for the
30 person with an intellectual or developmental disability when such
31 person's parent, guardian or other person legally charged with the care
32 or custody of such person is arrested to ensure such person's safety and
33 well-being, which may include allowing the arrested parent, guardian or
34 other person legally charged with the care or custody of the person with
35 an intellectual or developmental disability to place additional phone
36 calls to arrange for child care;
37 (3) education on how witnessing violence causes emotional harm to a
38 person with an intellectual or developmental disability and how law
39 enforcement can assist in minimizing the impact of such harm; and
40 (4) information on the availability of access to community-based
41 providers of crises intervention, protection and other supportive
42 resources that could aid the person with an intellectual or develop-
43 mental disability when such person's parent, guardian or other person
44 legally charged with the care or custody of such person arrested;
45 § 3. The criminal procedure law is amended by adding two new sections
46 120.85 and 140.17 to read as follows:
47 § 120.85 Arrests sensitive to persons with an intellectual or develop-
48 mental disability.
49 A state or local law enforcement officer who arrests an individual
50 shall, at the time of the arrest, inquire whether such individual is the
51 parent, guardian or other person legally charged with the care or custo-
52 dy of a person with an intellectual or developmental disability who may
53 be at risk as a result of the arrest. The officer shall make reasonable
54 efforts to ensure the safety of such person in accordance with the poli-
55 cies and procedures established pursuant to section two hundred four-
A. 5974 3
1 teen-i or paragraph (f-2) of subdivision three of section eight hundred
2 forty of the executive law as applicable.
3 § 140.17 Arrests sensitive to persons with an intellectual or develop-
4 mental disability.
5 A state or local law enforcement officer who arrests an individual
6 shall, at the time of the arrest, inquire whether such individual is the
7 parent, guardian or other person legally charged with the care or custo-
8 dy of a person with an intellectual or developmental disability who may
9 be at risk as a result of the arrest. The officer shall make reasonable
10 efforts to ensure the safety of such person in accordance with the poli-
11 cies and procedures established pursuant to section two hundred four-
12 teen-i or paragraph (f-2) of subdivision three of section eight hundred
13 forty of the executive law as applicable.
14 § 4. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law.
