File #: Int 1094-2023    Version: Name: Requiring the department of correction to record interactions in which an individual is informed about a scheduled court appearance and report on rates of court production.
Type: Introduction Status: Enacted
Committee: Committee on Criminal Justice
On agenda: 6/8/2023
Enactment date: 11/5/2023 Law number: 2023/149
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of correction to record interactions in which an individual is informed about a scheduled court appearance and report on rates of court production
Sponsors: Carlina Rivera , Gale A. Brewer, Lincoln Restler, Charles Barron, Nantasha M. Williams, Shekar Krishnan, Kristin Richardson Jordan, Shahana K. Hanif, Jennifer Gutiérrez, Kevin C. Riley, Tiffany Cabán, Rita C. Joseph, Althea V. Stevens, Mercedes Narcisse
Council Member Sponsors: 14
Summary: This legislation would require the Department of Correction to record video of every interaction between incarcerated individuals and correction officers in which an incarcerated individual is informed about a scheduled court appearance. Upon request, these video files must be provided to a defense attorney within three business days. In addition, the bill requires the department to establish a means by which real-time information regarding an incarcerated individual’s departure from their housing facility on the date of their scheduled court appearance can be communicated to defense attorneys and, if necessary, make available a telephone number where such information can be obtained. Finally, the bill requires monthly public reporting on outcomes related to court production including, the number of individuals not delivered to their court appearance, arrival times, and how often use-of-force is required to compel court attendance.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 1094-A, 2. Summary of Int. No. 1094, 3. Int. No. 1094, 4. Committee Report 5/30/23, 5. Hearing Testimony 5/30/23, 6. Hearing Transcript 5/30/23, 7. June 8, 2023 - Stated Meeting Agenda, 8. Hearing Transcript - Stated Meeting 6-8-23, 9. Minutes of the Stated Meeting - June 8, 2023, 10. Proposed Int. No. 1094-A - 10/2/23, 11. Committee Report 10/5/23, 12. Hearing Transcript 10/5/23, 13. Committee Report - Stated Meeting, 14. October 5, 2023 - Stated Meeting Agenda, 15. Hearing Transcript - Stated Meeting 10-5-23, 16. Minutes of the Stated Meeting - October 5, 2023, 17. Int. No. 1094-A (FINAL), 18. Fiscal Impact Statement, 19. Local Law 149, 20. Legislative Documents - Letter to the Mayor
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
11/6/2023ACarlina Rivera City Council Returned Unsigned by Mayor  Action details Meeting details Not available
11/5/2023ACarlina Rivera Administration City Charter Rule Adopted  Action details Meeting details Not available
10/5/2023ACarlina Rivera City Council Sent to Mayor by Council  Action details Meeting details Not available
10/5/2023ACarlina Rivera City Council Approved by CouncilPass Action details Meeting details Not available
10/5/2023*Carlina Rivera Committee on Criminal Justice Hearing Held by Committee  Action details Meeting details Not available
10/5/2023*Carlina Rivera Committee on Criminal Justice Amendment Proposed by Comm  Action details Meeting details Not available
10/5/2023*Carlina Rivera Committee on Criminal Justice Amended by Committee  Action details Meeting details Not available
10/5/2023ACarlina Rivera Committee on Criminal Justice Approved by CommitteePass Action details Meeting details Not available
6/8/2023*Carlina Rivera City Council Introduced by Council  Action details Meeting details Not available
6/8/2023*Carlina Rivera City Council Referred to Comm by Council  Action details Meeting details Not available
5/30/2023*Carlina Rivera Committee on Oversight and Investigations Laid Over by Committee  Action details Meeting details Not available
5/30/2023*Carlina Rivera Committee on Oversight and Investigations Hearing Held by Committee  Action details Meeting details Not available
5/30/2023*Carlina Rivera Committee on Criminal Justice Laid Over by Committee  Action details Meeting details Not available
5/30/2023*Carlina Rivera Committee on Criminal Justice Hearing Held by Committee  Action details Meeting details Not available

Int. No. 1094-A

 

By Council Members Rivera, Brewer, Restler, Barron, Williams, Krishnan, Richardson Jordan, Hanif, Gutiérrez, Riley, Caban, Joseph, Stevens and Narcisse

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of correction to record interactions in which an individual is informed about a scheduled court appearance and report on rates of court production

 

Be it enacted by the Council as follows:

Section 1. Section 9-146 of the administrative code of the city of New York is amended by adding new subdivisions d, e, f and g to read as follows:

                     d. The department shall record, via body-worn or handheld camera, video, including audio, every interaction between incarcerated individuals and correction officers in which an incarcerated individual is informed about a scheduled court appearance and shall maintain a database with the video files created pursuant to this subdivision. All video recordings shall include the department informing an incarcerated individual that they have a court appearance, that they have the right to attend their court appearance, and the entirety of any response by the incarcerated individual or departmental intervention taken to gain compliance.

e. If consent is provided to the department by an incarcerated individual, the department shall provide, within 3 business days to the defense attorney on record of such incarcerated individual, the video file of an interaction in which that incarcerated individual is informed that they have a court appearance and the entirety of any response by the incarcerated individual or departmental intervention taken to gain compliance, unless otherwise prohibited by law.

f. The department shall independently establish, or establish by working with the office of court administration, a means by which real-time information regarding an incarcerated individual’s departure from their housing facility on the date of their scheduled court appearance can be communicated to the defense attorney on record of such incarcerated individual and, if necessary, the department shall make available a telephone number where such information can be obtained.

g. No later than 30 days after the effective date of the local law that added this section, and monthly thereafter, the commissioner, in consultation with the relevant agencies, shall submit to the mayor and the speaker of the council and shall post conspicuously on the department’s website data on court production. Such data must include the total number of court production videos stored in the department’s database and the total number of court production videos provided to defense counsel pursuant to subdivision e. The data must also include the number of scheduled court appearances for incarcerated individuals in a court facility, as well as virtual court appearances. This data shall be further disaggregated by:

1.                     The total number of scheduled court appearances, disaggregated by housing facility and venue of the scheduled court appearance;

2.                     The total number of individuals that were delivered to the court facility on the date of their scheduled court appearance, disaggregated by housing facility and venue of the scheduled court appearance;

3.                     The total number of individuals who were not delivered to the court facility on the date of their court appearance disaggregated by housing facility and venue of the scheduled court appearance, and the reason the individual was not delivered to the court facility;

4.                      The total number of individuals with an on-site court appearance that were delivered to the court facility before 10:00 a.m. on the day of their scheduled court appearance, disaggregated by venue of the scheduled court appearance;

5.                     The total number of individuals with an on-site court appearance that were delivered to the court facility between 10:00 a.m. and 12:00 p.m. on the day of their scheduled court appearance, disaggregated by venue of the scheduled court appearance;

6.                     The total number of individuals with an on-site court appearance that were delivered to the court facility after 12:00 p.m. on the day of their scheduled court appearance, disaggregated by venue of the scheduled court appearance;

7.                     The total number of individuals for which use of force was required to compel the individual to be delivered to the court facility on the date of their scheduled court appearance, disaggregated by housing facility.

§ 2. This local law takes effect in 90 days.

 

 

 

JW

LS #13423

9/27/23 7:03 pm