NYPD Patrol Guide, Borough Commander, 2013
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PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-01 BOROUGH COMMANDER DATE ISSUED: 08/01/13 BOROUGH COMMANDER 1. 2. 3. 4. 5. 6. 7. 8. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Be responsible for and ensure efficiency of all police operations within borough. Develop borough specific plans and implement strategies, programs and procedures to: a. Reduce crime and fear of crime b. Improve quality of life c. Ensure traffic safety and optimize traffic flow. Utilize borough executive staff to administer, assign, control, coordinate, discipline, evaluate, guide, motivate, supervise and ensure the mission of the command. Develop and maintain strong relationships with clergy, business, community and educational leaders. Visit Internal Affairs Bureau, Community Affairs Bureau, Quality Assurance Division, Office of Equal Employment Opportunity and Personnel Orders Section for a briefing upon assignment to command. a. Confer with the above commands semi-annually thereafter. Inspect each subordinate command’s “Confidential Performance Profile,” annually. Ensure administrative and operational responsibilities of subordinate executives are performed properly and efficiently. Mentor and provide guidance to subordinate command executive staff. Borough commanders of bureaus performing enforcement functions (e.g., Detective, Organized Crime Control, Transit, Housing, etc.) will ensure that executive staff from their respective borough attend a briefing with Internal Affairs Bureau, Community Affairs Bureau, Quality Assurance Division, and Personnel Orders Section upon assignment to command and semi-annually thereafter. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-01a BOROUGH EXECUTIVE OFFICER, OPERATIONS DATE ISSUED: 08/01/13 BOROUGH EXECUTIVE OFFICER, OPERATIONS 1. 2. 3. 4. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Supervise the following: a. Borough Operations Commander b. Borough Special Projects Coordinator c. Borough task force d. Borough specialty units. Provide for borough strategic and tactical efficiency through the equitable distribution of borough operational resources. Provide operational oversight and support at the borough command level, including housing developments covered by the Patrol Services Bureau, for the following: a. Planning and execution of crime control strategies b. Development of initiatives for quality of life improvement and maintenance c. Traffic management and safety d. Street Narcotics Enforcement Units (SNEU) e. Graffiti enforcement and removal. Liaison with the Borough Counterterrorism Coordinator to ensure the operational readiness of: a. Emergency preparedness b. Mobilizations. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-01b BOROUGH EXECUTIVE OFFICER, ADMINISTRATION DATE ISSUED: 08/01/13 BOROUGH EXECUTIVE OFFICER, ADMINISTRATION 1. 2. 3. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Supervise the following: a. Borough Administrator b. Borough Adjutant c. Borough Investigations Unit, to ensure the proper investigation of: i. Complaints initiated and conducted by Borough Investigations Unit ii. Death/serious physical injury of uniformed member of the service iii. Firearms discharge by uniformed member of the service. Provide operational and administrative oversight at the borough command level for the following: a. Community affairs b. Communications (written) c. Discipline d. Facilities/logistics/supply management e. Personnel issues: i. Budget/overtime monitoring ii Evaluation process (entire borough) iii. Training (crossover with Counterterrorism and operational) iv. Resource use/needs/distribution v. Sick monitoring. f. Property held in Department custody g. Scheduling: i. Executive scheduling ii. Court/agency appearances verification and follow up. h. Quality assurance: i. Inspections ii. Audit review iii. Data integrity iv. Data quality. Ensure the timely and thorough preparation and forwarding of reports regarding all aspects of the investigation of member of the service involved shootings. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-01c DUTY CHIEF DATE ISSUED: 08/01/13 DUTY CHIEF 1. 2. 3. 4. 5. 6. 7. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Notify Operations Unit at start of tour and be briefed as to current conditions. Perform duty in uniform. Act as a representative of the Chief of Department during tour of duty. Respond to serious incidents, including: a. Uniformed member of the service involved shootings b. Deaths in police custody c. Level III and IV Mobilizations (not drills) involving three or more borough task forces d. Major disruptions of transportation e. Any other incident which is (or appears likely to become) newsworthy/noteworthy for any reason. (1) Consider whether response will be beneficial to the investigation of the incident. Assume command of incident if highest ranking member of the service on the scene. Keep Operations Unit informed of all facts concerning major incidents. Confer frequently with Operations Unit throughout tour. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-02 BOROUGH ADJUTANT DATE ISSUED: 08/01/13 BOROUGH ADJUTANT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Report to Borough Executive Officer, Administration. Supervise duties of Borough Investigations Unit. Ensure inspections programs are properly conducted and maintained. Audit data integrity functions to ensure compliance. Oversee and ensure equity of the disciplinary system throughout borough command. Be responsible for coordination and responsiveness to Civilian Complaint Review Board (CCRB) investigations. Ensure property in custody of the Department is properly accounted for and maintained. Manage overtime to ensure efficient use of resources. Monitor the budget and overtime allowances within the borough. Investigate death or serious physical injury of uniformed members of the service. Monitor sick records of assigned personnel with attention to members designated Chronic Absent. Investigate and review firearms discharges by uniformed members of the service. Conduct staff Performance Evaluations. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-03 BOROUGH OPERATIONS COMMANDER DATE ISSUED: 08/01/13 BOROUGH OPERATIONS COMMANDER 1. 2. 3. 4. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Report to Borough Executive Officer, Operations. Oversee Borough task force and Borough specialty units, (e.g., Borough Anti-Crime Units, Operation Impact, etc.). Develop and execute crime reduction strategies for the following crimes and conditions within the borough including housing developments covered by the Patrol Services Bureau: a. Sex crimes b. Robberies c. Assaults d. Burglaries e. Larcenies/thefts (including Grand Larceny) f. Vehicle theft and related crimes g. Domestic violence h. Firearms violence/weapons possession/use i. Other crimes and conditions as they emerge. Supervise special event preparation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-04 BOROUGH ADMINISTRATOR DATE ISSUED: 08/19/13 BOROUGH ADMINISTRATOR 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 1 Report to Borough Executive Officer, Administration. Oversee Borough Operations Unit. Administer communications program. Supervise scheduling of assigned members. Ensure the proper functioning of court/agency appearances control. Supervise community affairs functions. Ensure Department facilities are properly maintained and functioning. Safeguard and ensure Department property is in good working order. Maintain the Department fleet. a. Oversee the investigation of all Department vehicle collisions. Supervise personnel and resource distribution. Identify needs of the borough and coordinate appropriate training. Liaison with the Quartermaster Section to ensure proper resources are acquired. Accept and process requests for Department recognition. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-04a BOROUGH SPECIAL PROJECTS COORDINATOR DATE ISSUED: DATE EFFECTIVE: 08/01/13 BOROUGH SPECIAL PROJECTS COORDINATOR 1. 2. 3. 4. 5. 6. 7. 8. 9. REVISION NUMBER: PAGE: 08/01/13 1 of 1 Report to Borough Executive Officer, Operations. Oversee the following: a. Borough Crime Analysis/Patrol Borough Pattern Identification Module (PIM) b. Quality of life initiatives c. Special project implementation d. Evidence collection teams e. 311 program. Ensure a robust Traffic Management Safety program is in place. Identify school safety issues. Develop borough level school safety strategies and establish a quality control and review mechanism to evaluate programs and initiatives. a. Coordinate with the School Safety Division. Supervise narcotics crime control. Provide coordination oversight of precinct Street Narcotic Enforcement Units (SNEU). Investigate gang motivated and related offenses. Ensure juvenile crime is effectively addressed. Investigate and rectify issues involving arrest processing. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-04b BOROUGH COUNTERTERRORISM COORDINATOR DATE ISSUED: DATE EFFECTIVE: 08/01/13 1. BOROUGH COUNTER2. TERRORISM COORDINATOR 3. 4. 5. 6. REVISION NUMBER: PAGE: 08/01/13 1 of 1 Maintain liaison with the Borough Executive Officer(s), Operations and Patrol Borough Operations Unit. Oversee and coordinate counterterrorism training, equipment, and preparedness for Patrol Borough personnel. Oversee and coordinate counterterrorism security planning for Patrol Borough locations (critical, sensitive, iconic) and special events. Assist Patrol Borough Operations Unit in the preparation, maintenance, and operational deployment of Disorder Control Plan, Area Evacuation Plans and the Patrol Borough Stand Alone Plan. Assist the Patrol Borough to ensure mobilization preparedness. Serve as a liaison for the Patrol Borough with the Deputy Commissioner, Counterterrorism and Deputy Commissioner, Intelligence. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-06 PATROL BOROUGH TRAFFIC SAFETY COORDINATOR DATE ISSUED: 08/19/13 1. PATROL 2. BOROUGH TRAFFIC 3. SAFETY COORDINATOR 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 1 Coordinate the activities of the precinct Traffic Safety Officers. Review precinct Collision Prone Location and Enforcement Ratio Reports. Forward Collision Prone Location and Enforcement Ratio reports to the Patrol Services Bureau by the tenth day of the month. Maintain a liaison with Department of Transportation regarding engineering concerns not resolved at the precinct level. Conduct on-site meetings with the precinct Traffic Safety Team and Department of Transportation representatives to resolve and expedite engineering recommendations. Conduct monthly meetings with the precinct Traffic Safety Officers. Attend weekly Trafficstat meetings. Address conditions reported on TRAFFIC INTELLIGENCE REPORTS (PD178-150) that cannot be corrected at the precinct level. Monitor the following enforcement programs: a. Stationary Radar b. Pedestrian Safety Overtime c. Aggravated Unlicensed Operator. Maintain borough statistics for motor vehicle collisions, injuries and fatalities, as well as for summons enforcement. Review construction permits received from the Traffic Management Center and forward copies to the precinct Traffic Safety Officer. Maintain a liaison with various government agencies, community councils and the Borough President’s Office regarding traffic concerns. Attend community council and other public meetings to promote traffic safety. Attend Traffic Safety Board meetings chaired by the Borough President. Develop and participate in traffic plans for special events, demonstrations and motorcades. All Patrol Borough Traffic Safety Coordinators MUST become familiar with the “Procedural Manual for Traffic Safety Officers.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-07 BOROUGH AUXILIARY POLICE COORDINATOR DATE ISSUED: 08/01/13 BOROUGH AUXILIARY POLICE COORDINATOR 1. 2. 3. 4. 5. 6. 7. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Oversee activities and functions of, and provide support for, command auxiliary police coordinators. Provide assistance in the assignment of auxiliary police personnel for special events and details within the borough concerned and outside the borough, if requested by the Commanding Officer, Auxiliary Police Section. Process in a timely manner, requests received from command auxiliary police coordinator for: a. Promotion b. Recognition awards. Process the return of shields and identification cards for members leaving or dropped from the Auxiliary Police Program. Confer daily, at the start of the tour, with the liaison officer at Auxiliary Police Section to ascertain current program activities and instructions. a. Submit tours of duty, for the upcoming week, to Auxiliary Police Section. Maintain a list of qualified volunteer Auxiliary Police personnel for use in vice enforcement operations. a. Forward monthly enforcement recapitulation to Auxiliary Police Section. Conduct a borough annual awards/graduation ceremony in recognition of volunteer auxiliary police services. Borough commander selects qualified uniformed member of the service for assignment as borough police auxiliary coordinator but is not assigned as such until approved by the Commanding Officer, Auxiliary Police Section. Additionally, the borough commander selects an alternate to perform the above duties when the borough auxiliary police coordinator is not working. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-08 DUTY CAPTAIN DATE ISSUED: 08/01/13 DUTY CAPTAIN 1. 2. 3. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Perform duty, in uniform, in patrol borough-based Department Duty Captain Response Vehicle (DCRV). a. Be equipped with a Department radio. Supervise all personnel performing duty within borough command. Respond to major radio runs and unusual occurrences. If available, the commanding/executive officer, precinct of occurrence, will respond and perform prescribed functions. The duty captain will assist the commanding/executive officer, precinct of occurrence, as requested. 4. 5. 6. 7. Visit precincts, police service areas, transit districts and borough court section facilities located within patrol borough of assignment. a. Inspect and sign Interrupted Patrol Log of commands visited. b. Visit command detention cells, holding cells, detective holding cells, emergency rooms and hospitalized prisoner rooms, and make appropriate Command Log entries to document such visits. c. Personally prepare reports on all prisoner escapes in the absence of commanding officer/executive officer of the precinct, police service area, transit district or borough court section facility of occurrence. d. Visit at least one time per tour those Video Interactive Patrol Enhanced Response (VIPER) units located within police service areas under your jurisdiction. Confer with the Traffic Management Center supervisor, when notified by the Operations Unit of a traffic congestion problem or condition. a. Evaluate the situation and assign patrol borough and/or other resources as necessary, to address the condition. b. Direct the Traffic Management Center supervisor to record conditions in the TMC Command Log, and on the Daily Significant Incident Report. Submit report at end of each tour and include: a. Observations and disciplinary action taken b. Visits to stationhouses, police service areas and transit districts c. Unusual occurrences d. Radio backlogs and action taken e. Radio runs to which responded f. Recommendations to improve police services. Make a background inquiry, if necessary, through the Internal Affairs Bureau Command Center during the initial stages of an official investigation involving a member of the service and prior to suspending, modifying or temporarily removing firearms from the member concerned in non-disciplinary cases. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 202-08 NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 This conferral is to obtain background information that may assist in the investigation. All decisions regarding the investigation, as well as any resulting determination regarding the member’s duty status, remain the responsibility of the commanding officer/duty captain concerned. The duty captain in each patrol borough, and all duty inspectors MUST carry a cellular telephone at all times and a Transit Bureau radio, if available. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-09 COMMANDING OFFICER DATE ISSUED: 08/01/13 COMMANDING 1. 2. OFFICER 3. 4. 5. 6. 7. 8. 9. 10. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 6 Command a precinct, police service area, transit district or similar unit. Be responsible for: a. Proper performance of functions designated for command b. Efficiency and discipline of personnel assigned to command c. Informing members of command of current directives and orders d. Serviceability, proper care and use of equipment assigned to command e. Patrol, administrative and record keeping functions of the command. Review CENTRAL PERSONNEL INDEX BACKGROUND REQUEST (PD449-160) for personnel assigned to critical positions within the command, upon assignment to a command. a. Review the disciplinary history of members in Performance Monitoring Programs assigned to command. Instruct and frequently test the knowledge of members of command regarding their duties and responsibilities. Investigate and report on police conditions and activities. Ensure the preparation of the COMMAND CONDITIONS REPORT every Monday for each sector within the command and instruct all platoon commanders on identified sector conditions. a. Ensure COMMAND CONDITIONS REPORT is entered via the “Quest for Excellence” application on the Department’s intranet. b. Ensure a hard copy of the COMMAND CONDITIONS REPORT is posted in the Crime Information Center. c. Forward a hard copy of the COMMAND CONDITIONS REPORT immediately to the borough concerned, on a weekly basis, and at other times, as appropriate (e.g., emerging trends, etc.). Respond to major radio runs and unusual occurrences within command, when available, and perform prescribed functions. a. Request assistance of the duty captain, if necessary. Make frequent personal inspections of the uniforms, equipment and general appearance of members of the service at outgoing roll calls and while on patrol. Delegate administrative tasks as follows: a. Assign ranking officers within command to perform tasks normally reserved specifically for commanding officers (e.g., the preparation, signing and forwarding of required reports, forms, PERFORMANCE EVALUATIONS, communications, etc.) b. Assign competent members of command to read, analyze and report on, verbally or in writing, any voluminous communications directed to the commanding officer. c. Assign ranking officer to inspect command facility daily to ensure security, cleanliness and orderly condition. Inspect command facility periodically to ensure cleanliness, orderly condition and that assigned equipment is accounted for and in good condition. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-09 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 6 The periodic inspection of the command facility will be augmented to include a check of both female and male restrooms and locker rooms for any structural defects, that would permit visual access by persons located outside these private areas. If such a condition is identified, immediate corrective action must be taken. COMMANDING 11. OFFICER 12. (continued) 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Designate manner in which members of command proceed to assignments, e.g., Department auto, public transportation, etc. Review activity of members of command each month. a. Personally review and sign monitoring profiles of members in Level II or Level III Monitoring Programs. Performance profiles (original copies only) are due by the fifth day of each month (quarterly for Level II and monthly for Level III), as appropriate. Investigate a report of neglect of duty by subordinates. Assign members proportionately to squads according to the needs of command. Members having special qualifications are to be assigned to permit greatest use of abilities. Permit uniformed members of assigned command performing similar duties to exchange tours voluntarily when there is no interference with police service. a. Members are NOT permitted to perform two consecutive tours (i.e., perform duty on a third platoon followed by a first platoon). Notify borough command if at least two supervisors are not available to perform duty on each tour. a. Notify Transit Bureau Wheel for commands within the Transit Bureau. Assign personnel to specific patrol and staff functions. Assign command police officer to cover traffic posts when traffic conditions require such assignments. Provide formal orientation program for newly assigned lieutenants, sergeants and police officers on two consecutive day tours including interviews, introductions, and various command conditions, problems, boundaries, crime statistics, etc. Maintain record of members who volunteer for specialized units and make assignments accordingly. Prior to member being permanently assigned to anticrime duty, have CENTRAL PERSONNEL INDEX BACKGROUND REQUEST prepared and forwarded as per distribution on form. a. If the member is currently in a Level II or Level III Monitoring Program, contact the Bureau/Borough Commander. Assignment of specialized unit personnel will be based on command crime analysis trends and patterns, with emphasis on violent street crime and burglaries. a. Specialized unit personnel may also be utilized as a resource to solve local priorities such as car thefts and break-ins. Ensure specialized unit personnel are properly supervised, trained and equipped. Closely monitor the performance of uniformed members of the service assigned to specialized units. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-09 PAGE: 08/01/13 3 of 6 a. COMMANDING OFFICER (continued) 24. 25. NOTE REVISION NUMBER: Long term assignments are to be carefully reviewed, i.e., uniformed members assigned to specialized units for a period of five years will be recommended for career path assignments to either the Organized Crime Control Bureau or Detective Bureau. Consult with immediate supervisor of member before recommending or granting change of precinct assignment, etc. a. If the member is in a Level II or Level III Monitoring Program, confer with the Commanding Officer, Performance Analysis Section, prior to a change in that officer’s assignment. Be thoroughly familiar with “Confidential Performance Profile” of subordinate members. The “Confidential Performance Profile” is an up-to-date and confidential profile of uniformed members who are “personnel concerns” to assist in the supervision, training and development needs of such uniformed members. Included in the profile would be such matters as all past administrative transfers, transfers made by the borough commander at the request of member’s previous commanding officer, sick record, disciplinary record and all other Central Personnel Index indicators as well as appropriate command data. 26. 27. 28. 29. 30. 31. 32. 33. Maintain patrol by a supervising officer in a radio equipped Department automobile. Use a Department auto when on patrol, when presence is required at the scene of an emergency or when traveling within the city on official business. Make entry in Command Log when reporting on or off-duty. When leaving for patrol, emergencies, etc., indicate manner of patrol, Department auto number, if applicable, and whether in uniform or civilian clothes. Perform duty in uniform whenever practical. Maintain as much personal contact as possible with business, civic, fraternal, religious, political, recreational, charitable, youth and poverty corporation groups, local radio stations, local newspapers and other groups or media with community influence and interests to keep abreast of community tensions and trends. Assign competent member to attend scheduled local meetings of the planning board, school board, poverty corporation, or any other community group, to obtain information which will be used to facilitate planning of procedures and/or programs to minimize community tensions and negative trends. Direct that Community Affairs Officer, where appropriate: a. Maintain a close liaison with the management of facilities within commands where large events are held b. Familiarize themselves with security coverage normally in effect and typical arrangements made for various types of events c. Encourage management of these facilities to notify the local precinct when a large event is anticipated so that a determination can be made if police presence will be required. Utilize resources of command to cope efficiently with existent problems and accomplish mission of command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-09 REVISION NUMBER: PAGE: 08/01/13 COMMANDING 34. OFFICER (continued) 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 4 of 6 Act as the senior problem-solving coordinator for the command. As such be responsible to: a. Identify major crime and quality of life problems affecting the command b. Perform an analysis of the identified crime and quality of life problems in order to separate them into their essential components c. Design a response utilizing command, Department and community resources, and where possible the resources of other agencies d. Implement the designed response e. Evaluate the effectiveness of the response and modify it, if necessary. Administer command discipline. Direct executive officer to adjudicate command discipline, when appropriate. Consult with supervisor who has initiated command discipline against member of the service concerning severity of penalty before announcing penalty. Indicate date and time of consultation on form. Confer with patrol borough adjutant prior to adjudicating third command discipline for same individual within period of six months to determine if charges and specifications should be prepared. Notify the borough adjutant or borough executive officer within respective Bureau (Patrol Services, Housing, Transit), upon discovery or notification that there is invoiced property stored in the command in excess of thirty days and: a. Conduct investigation b. Expedite transfer of property to final storage location. Cooperate with other units and agencies to accomplish mission of the command. Notify Commanding Officer, Employee Management Division and request removal proceedings be commenced when member of the service fails to perform assigned duties in a satisfactory manner. Observe special patrolmen on duty within command and report any misconduct to Commanding Officer, License Division. Inspect uniform, shield, cap device and identification card of special patrolmen during March and September. Have minimum of 10% uniformed members of the service qualified as patrolwagon operators and distributed proportionately to squads. Ensure that all members of command are familiar with nature and function of command receptionist program. Situate required furniture and clerical equipment for command receptionist near command entrance. a. Provide secure location for Receptionist Log and files. Provide transportation, within command, IF NECESSARY, to ensure receptionist’s safety to and from command. Read Performance Evaluations submitted by sergeants carefully and make sergeants justify the ratings given to officers assigned to their squads. a. If an officer performs below competent (2.5 or lower), or is rated extremely competent (5.0), the commanding officer MUST be the reviewer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-09 REVISION NUMBER: PAGE: 08/01/13 COMMANDING 49. OFFICER (continued) 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 5 of 6 Visit upon assignment to command and semi-annually thereafter, for briefing, the following: a. Civilian Complaint Review Board b. Internal Affairs Bureau c. Community Affairs Bureau d. Quality Assurance Division. Visit the Office of Equal Employment Opportunity for briefing, upon assignment to command and annually thereafter. Designate a supervisor within the command to serve as the alternate in the event of long term absence of the training sergeant. Designate one uniformed member of the service to function solely as the precinct’s Domestic Violence Prevention Officer. Develop and review precinct School Security Plan, Summer Youth Security Plan and Safe Corridor Plan and Safe Passage Plan for Transit Bureau commands. Ensure that complaints of crimes occurring on the transit system are faxed to the Transit Bureau Crime Analysis Section and the district of occurrence, and that the proper Jurisdiction Code 01 is affixed to all reports. Meet, annually, with ranking officers/supervisors within command to discuss their responsibilities under the New York City Police Department’s Equal Employment Opportunity Policy. Discuss the N.Y.P.D.’s sexual harassment policy with all members of the command, both uniformed and civilian, or ensure that such discussions are held by designated supervisor(s). Reiterate to supervisors that they are responsible for creating a professional work environment for their subordinates. Assess, regularly, the working environment within the command/unit to maintain a professional atmosphere and rectify those situations, which undermine professional conduct and achievement. Advise employees that vulgar language, sexually degrading statements or jokes, as well as the display of photographs or magazines of a sexual nature, are offensive, unwelcome, inappropriate in the work place, and subject to disciplinary action. Encourage all members of the service to report inappropriate conduct. Instruct all members of the command that retaliation against those members of the service who come forward to report misconduct (corruption, violations of E.E.O. policies, etc.) is against Department policy and will not be tolerated. Have the command integrity control officer review Department records pertaining to the assignment of radios. Review the assignments of radios assigned outside of command on a permanent basis and determine the necessity of its continuance. Make a background inquiry, if necessary, through the Internal Affairs Bureau Command Center during the initial stages of an official investigation involving a member of the service and PRIOR to suspending, modifying or placing the member concerned on restricted duty pending an evaluation of duty status. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 202-09 NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 6 This conferral is to obtain background information that may assist in the investigation. All decisions regarding the investigation, as well as any resulting determination regarding the member’s duty status, remain the responsibility of the commanding officer/duty captain concerned NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-10 EXECUTIVE OFFICER DATE ISSUED: 08/01/13 EXECUTIVE OFFICER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Assume command and perform functions of the commanding officer during absence. a. Sign routine communications and reports, during absence of twenty-four hours or more. Respond to major radio runs and unusual occurrences within command, when available, and perform prescribed functions. a. Request assistance of the duty captain, as necessary. Make entry in Command Log when reporting on or off-duty, when leaving for patrol, emergencies, etc., indicate manner of patrol, Department auto number, if applicable, and whether in uniform or civilian clothes. a. Use Department auto when on patrol, when presence is required at scene of an emergency or when traveling within city on official business. Supervise performance of administrative functions in the command. Study deployment of resources of command and recommend more effective deployment to commanding officer, where appropriate. Coordinate all specialized units. Evaluate training, planning and personnel functions and needs of the command and make recommendations to the commanding officer. Inspect uniforms, equipment, and general appearance of members of the command frequently. Inspect and sign ACTIVITY LOGS (PD112-145) of platoon commanders, special operations lieutenants and patrol supervisors at least once a month. Supervise the investigation of communications and preparation and forwarding of written reports. Perform duty under the chart, or as directed by the borough commander and perform functions of “duty captain” when directed. Perform tours, on “open days,” which best meet the day to day needs of the command. Do not perform the same duty as commanding officer, if both working the same tour. (One will perform patrol duty and conduct field inspections, etc.). Conduct investigations as directed by commanding officer or other competent authority. Insure that command is clean, all equipment is accounted for and in good condition, and personnel are performing a necessary police duty. Represent the commanding officer at community meetings of concern to command when designated. Perform duty in uniform, when practical. Inspect and sign Interrupted Patrol Log once each tour. Adjudicate command discipline as directed by commanding officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-10 EXECUTIVE OFFICER (continued) REVISION NUMBER: PAGE: 08/01/13 20. 21. 2 of 2 Review Command Log entries regarding invoiced property daily and if any property is stored in the command in excess of thirty days, consult with the operations coordinator, desk officer, evidence/property control specialist etc., to determine the appropriate course of action to expedite the transfer of the property to the final storage location. a. Brief the commanding officer on actions taken. Personally conduct, in conformance with the Quality Assurance Division self-inspection program, the command self-inspection of STOP, QUESTION AND FRISK REPORT WORKSHEETS (PD344-151A). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-10a COMMANDING OFFICER, INVESTIGATIONS UNITS DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 2 PURPOSE To assist Investigations Units in maintaining the highest standards of integrity by identifying and correcting misconduct and deficiencies; to clearly define the duties/responsibilities of Investigations Units’ Commanding Officers. DEFINITIONS FUNCTION MONITORING – Proactive monitoring techniques designed to identify and/or prevent misconduct, violations of Department guidelines or administrative deficiencies. Function monitoring can include activities/programs unique to each area of responsibility of an individual Investigations Unit, including: a. Patrol monitoring b. Personnel monitoring c. Process Auditing d. Visits/inspections of facilities e. Inventory control f. Self-initiated monitoring programs, quality control or audit reviews. COMMANDING OFFICER, INVESTIGATIONS UNIT 1. 2. 3. Oversee investigations or other integrity related assignments as directed by the Deputy Commissioner/patrol borough/bureau commander/designee, competent authority or the Internal Affairs Bureau, such as: a. Firearms discharges by uniformed members of the service (PATROL BOROUGH INVESTIGATIONS UNITS ONLY) b. Domestic incidents involving members of the service c. Any on/off duty incidents when requested by the duty captain including domestic disturbances involving members of the service that may result in the removal of firearms d. Bribery arrests Ensure integrity control officers are conferred with regularly and provide assistance with ongoing investigations, including integrity control officer self-initiated cases, and be responsible for: a. All cases referred to precinct/unit commanding officers by the Investigations Units b. Recording all self-initiated cases conducted by integrity control officers under jurisdiction for informational purposes and future reference c. Recording and being cognizant of Integrity Monitoring File locations identified by commands under jurisdiction. Ensure the following auditing functions are performed: a. Review of command’s self-inspection programs. Conduct separate and independent review of commands’ self inspections, on a regular basis b. Review of time and payroll records c. Evaluation of command level training NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-10a PAGE: 08/19/13 2 of 2 d. COMMANDING OFFICER, INVESTIGATIONS UNIT (continued) 4. 5. ADDITIONAL DATA REVISION NUMBER: Analysis of civilian complaints, vehicle collisions, sick records, disciplinary records, etc., to ascertain patterns and identify specific commands, platoons, locations and/or members of the service with integrity related problems e. Review all audits conducted by the Quality Assurance Division (e.g., Crime Classification Evaluations, ICAD Audits, Precinct Evaluations) for evidence of potential misconduct and conduct further investigations when situations warrant f. Conduct independent reviews of complaint reports to ensure compliance with Department directives g. Conduct reviews of Crime Analysis complaint re-classifications with particular attention to complainant “call-backs” h. Regularly inspect Crime Reclassification Log and review supervisory sign-off of Complaint Reports for timeliness and accuracy i. Maintain a vigorous function monitoring program j. Develop and maintain an automated case management system that assures timely reassessment of cases and dissemination of information Provide copies of all Case Closing Reports to the Internal Affair’s Bureau. Present cases to the Internal Affairs Bureau Steering Committee as per the protocols set forth by the Chief of Internal Affairs Bureau. DEPARTMENT POLICY Any Investigations Unit, before commencing a self-initiated investigation into improper crime reporting (e.g., Complaint Reports / ICAD Audits), must confer with Quality Assurance Division's Confidential Investigation Team. Function monitoring will include random field observations, inspections, audits, etc. (not associated with active investigations) to ensure compliance with Department regulations, directives and procedures. Observations/inspections shall include: visits to assigned facilities, members on assignments, radio runs, fixed posts, inspection of facilities (Interrupted Patrol Log, dormitories, etc.), observations/visits to Integrity Monitoring File locations, and any other appropriate monitoring as directed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-11 OPERATIONS COORDINATOR DATE ISSUED: 08/01/13 1. OPERATIONS COORDINATOR 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 Perform duty in uniform as staff officer assisting the commanding officer in administrative matters. Do not perform patrol duty, or be assigned to desk duty. Review and supervise the maintenance of records and files of command. Ensure that all members of the service assigned to the command are working within the correct and authorized chart relative to their assignment. Coordinate all overtime programs within the command. Coordinate the command’s safety programs, i.e., OSHA, etc. Supervise the command’s staff and ensure that they are in proper uniform and performing a necessary police function. Supervise the principal administrative associate assigned to the command. Enter in Command Log the time arriving and leaving command and the reason. Perform tours as designated by the commanding officer. Interview civilians and representatives of civic organizations in the absence of the commanding/executive officer. Represent the commanding officer at civic and fraternal meetings within command, when designated. Coordinate the human relations program of the command by maintaining close liaison with the Borough Community Affairs Coordinator and the Chief, Community Affairs. Review all orders and prepare summaries of pertinent information for presentation to members of the command at Command Level Training Program or roll call instruction. Prepare written instructions for sergeants and police officers. Supervise the maintenance of the command library. Supplement instructions of desk officer in the absence of the commanding officer, to outgoing platoons. Keep sergeants informed of conditions within the command. Relay instructions of commanding officer to members of command. Supervise the civilian cleaners. Supervise the election details. Apportion communications equally among sergeants for investigation. Ensure completed POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS (PD439-1424) are scanned into the Quest for Excellence application. Check property invoice books and property on hand. a. Review Command Log entries regarding invoiced property daily and take immediate steps to remedy conditions that impair the transfer of any invoiced property stored within the command in excess of thirty days to the appropriate storage location and notify the executive officer/commanding officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-11 REVISION NUMBER: PAGE: 08/01/13 b. OPERATIONS COORDINATOR (continued) 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 2 of 3 Designate a uniformed member to perform the duties of the evidence/property control specialist when he/she is unavailable due to vacation, sick, etc. Conduct survey of command’s snow removal equipment (e.g., snowblowers, snow shovels, de-icing rock salt, etc.) by September 15th to ensure its availability and adequacy. a. Obtain replacement supplies or equipment, if necessary. Make Command Log entry of daily inspection of command for cleanliness, security, safety hazards, condition of equipment, and the display of offensive material. a. Ensure the Department sign entitled, “Free Interpretation Service Available (SP 487)” is visibly displayed in the command reception area and the dual handset telephonic interpretation service equipped telephone is present and functional. b. Comply with P.G. 219-20, “Loss/Theft of Department Property” if the dual handset telephonic interpretation service equipped telephone is missing. In addition, immediately notify the Telecommunications Unit, Monday through Friday from 0600 to 1800 hours, or the Inter-City Correspondence Unit at other times, if the dual handset telephone is missing or defective. Supervise semi-annual (during January and July) inspection of command fire extinguishers. a. Have inspecting member of the service date and initial the tag attached to the fire extinguisher. b. Make Command Log entry indicating that the inspection was performed. Notify Borough or Bureau Safety Coordinator of hazards which are not readily corrected by command personnel. Review COMPLAINT REPORTS (PD313-152) and consult with planning officer and Crime Analysis and Program Planning Section personnel to determine priority locations relative to crime conditions within command. Recommend redeployment of personnel, if necessary, to commanding officer, executive officer, lieutenant platoon commander, or desk officer. Notify members of command, through desk officer, of scheduled court and other agency appearances and other related notifications. Ensure the proper maintenance of the Subpoena Receipt Book. Ascertain that a current list of restaurants willing to accept monthly payments for meals provided for prisoners is maintained at the desk including time restaurant is open and cost of meals. Supervise or designate a supervisor to supervise the command’s evidence/ property control specialist. Ensure security of lead seals, Narcotic Evidence Envelopes (Misc. 1-71), Property Clerk Division Security Envelopes, Property Clerk Division Jewelry Security Envelopes and peddler seals prior to issuance. Ensure GUN SAFETY (PD420-110) sticker is affixed at all firearm safety stations. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-11 PAGE: 08/01/13 37. OPERATIONS COORDINATOR (continued) 38. 39. 40. 41. 42. 43. NOTE REVISION NUMBER: 3 of 3 Establish and maintain liaison with District Attorney’s Office concerned to ascertain the necessity for all regular day off (RDO) court appearances and, where possible, reschedule such appearance for a date other than the member’s RDO. Monitor performance of the command’s training sergeant to ensure that all members are receiving necessary training. Ensure all captions are completed in “Location During Absence” section on LEAVE OF ABSENCE REPORT (PD433-041) including each country, with the city/town or province where member of the service will be staying, date(s) of departure and date of return when member request leave. Ensure all members of the service are submitting LEAVE OF ABSENCE REPORT at least five days before leave commences, except in emergencies. Ensure timekeepers make mandatory entries into Leave of Absence – Location During Absence database, when a member submits a LEAVE OF ABSENCE REPORT and is traveling to a foreign country. Access Leave of Absence – Location During Absence database to verify mandatory entries are made by command timekeepers for members who are traveling to a foreign country daily during monthly self-inspections. Ensure compliance with required entries on LEAVE OF ABSENCE REPORT during monthly self-inspections. An online user guide is available after logging onto the Leave of Absence management system. Operations coordinators must ensure that all command timekeepers follow the instructions as directed in the guide to make entries in the Leave of Absence – Location During Absence database. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-12 SPECIAL OPERATIONS LIEUTENANT DATE ISSUED: 11/29/13 SPECIAL OPERATIONS LIEUTENANT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. DATE EFFECTIVE: REVISION NUMBER: PAGE: 11/29/13 1 of 2 Perform duty in uniform whenever practical. Sign in the Command Log at the beginning and at the conclusion of the tour. Perform tours as approved by the commanding officer, choosing tours that will maximize supervision of subordinate personnel. Make Command Log entry when leaving or returning to the command. Monitor field performance of subordinate personnel and personally observe command conditions. Coordinate the crime prevention and warrant enforcement programs of command. Supervise and coordinate command’s specialized personnel, including School Safety Sergeant, Anti-Crime Teams, SNEU, Community Policing Unit, Warrant Officers, Crime Prevention, Traffic Safety Officer, Youth Officer, Auxiliary Police Coordinator, Peddler Enforcement and Domestic Violence Unit personnel. Inspect records and logs of subordinate units and personnel. a. Inspect and sign Community Policing Unit beat books monthly. Inspect and sign ACTIVITY LOGS (PD112-145) of Anti-Crime, School Safety, SNEU, CPU and, where applicable, Peddler Enforcement Sergeants each month. Review and sign the POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT (PD439-1424) for subordinates and confer with detail sergeants as necessary. a. Deliver REPORTS to operations coordinator within seven days following month for which submitted. Access the Quest for Excellence application and prepare QUARTERLY ASSESSMENT OF SQUAD SERGEANT (PD439-1425) by the tenth day of the month following the reporting period. Review and approve schedules for subordinate personnel on a weekly basis. Act as the problem solving coordinator for the command, in conjunction with, and at the direction of the commanding officer. a. Be responsible for assisting the commanding officer to: (1) Identify major crime and quality of life problems affecting the command. (2) Perform an analysis of the identified crime and quality of life problems in order to separate them into their essential components. (3) Design a response utilizing command, Department and community resources, and where possible the resources of other agencies. (4) Implement the designed response. (5) Evaluate the effectiveness of the response and modify it, if necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-12 SPECIAL OPERATIONS LIEUTENANT (continued) REVISION NUMBER: PAGE: 11/29/13 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 2 of 2 Attend Community Council, Community Board, and similar meetings, at the direction of the commanding officer. a. Be cognizant of community crime trends and quality of life conditions, allocating resources to address these concerns. Maintain contact with community associations and civic groups to foster positive community relations and mutual involvement in addressing crime and quality of life conditions. Attend public meetings where subordinate members are addressing groups to observe and supervise performance. Prepare annual evaluations for subordinate supervisors under direct control. Maintain contact with principals of local schools. a. Ensure that school safety sergeant, youth officer and community patrol officers are maintaining contact with these institutions. Be knowledgeable in current orders and procedures. a. Instruct and test subordinate personnel in these matters. Confer regularly with platoon commanders regarding conditions within command. a. Encourage exchange of information between specialized units and platoons. Be responsible for the Field Training Program of probationary police officers assigned to the precinct Community Policing Unit. Confer regularly with the command’s detective squad commander to share information. a. Encourage exchange of information between the detective squad and specialized units. Supervise and coordinate the activities of the command’s Auxiliary Police Program through the Auxiliary Police Coordinator. Ensure that the Auxiliary Police Coordinator actively recruits new members, conducts required training courses, and properly equips Auxiliary Police personnel. Integrate the auxiliary police functions into the command’s problem solving objectives, e.g., crime prevention, community affairs, community policing, youth planning, etc. Keep commanding officer apprised of all Auxiliary Police activities. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-13 LIEUTENANT – PLATOON COMMANDER DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 LIEUTENANT PLATOON COMMANDER 1. Be responsible for all command operations during the tour performed. a. Perform duties of desk officer as outlined in P.G. 202-14, “Desk Officer,” if assigned to a Patrol Services Bureau precinct. NOTE At the discretion of the precinct commanding officer, lieutenant platoon commanders may perform field duties as specified in step 26 below, provided that two or more sergeants are assigned to duty with that platoon, one of whom has been designated as patrol supervisor. b. c. d. NOTE The lieutenant platoon commander will not ordinarily perform the duties of the patrol supervisor, and will remain responsible for ALL duties listed in this procedure. Identify conditions to be addressed by members working the platoon on a continuing basis. Allocate, based upon conferral with special operations lieutenant, all resources available for the platoon including, community policing, anti-crime, street narcotics enforcement unit(s) and peddler enforcement personnel. When a lieutenant platoon commander is performing the duties of the desk officer in a Patrol Services Bureau precinct, he/she will remain at the desk area of the command facility. However, in the event of an emergency situation occurring in the field, the lieutenant platoon commander may respond to the scene, e.g., mobilizations, homicides, firearms discharges by uniformed members of the service. A Command Log entry will be made indicating the time of departure, the location, and the details of the event requiring the lieutenant platoon commander’s presence. Lieutenant platoon commanders will remain on the scene only as long as their presence is required, upon which time they will return to the command and resume the duties of the desk officer. In the lieutenant platoon commander’s absence, a supervisory officer will assume the responsibilities of the desk officer. 2. 3. 4. 5. 6. 7. 8. Sign Command Log at beginning and end of tour. Perform duty in uniform. Review actions of patrol supervisors to ensure compliance with Department policies and procedures. Participate as a member of the precinct management team. Advise and confer with commanding/executive officers, operations coordinator, special operations lieutenant, integrity control officer, squad commander and BRAM commander, if appropriate, on matters of importance, unusual arrests or occurrences, personnel and integrity concerns, and other conditions requiring their attention. Confer with integrity control officer regarding personnel, civilian complaints, sick records, overtime concerns and integrity issues. Confer frequently with the special operations lieutenant regarding command crimes and conditions. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-13 REVISION NUMBER: PAGE: 08/01/13 2 of 4 LIEUTENANT PLATOON COMMANDER (continued) 9. NOTE If the lieutenant platoon commander is unavailable, any other lieutenant or above performing duty within the command will perform the above step. 10. 11. 12. 13. 14. 15. 16. 17. Confer with lieutenant platoon commander or patrol supervisor from previous tour, at start of tour. Access the Department’s intranet webpage to ascertain active Paid Detail locations and times of assignment within the precinct, at start of tour. a. Make a Command Log entry indicating results of inquiry into active Paid Detail locations, including times of assignments. b. Print reference copy of Paid Detail assignments scheduled during tour and attach to roll call. Confer with lieutenant platoon commanders of adjacent precincts, police service areas and transit districts to coordinate crime strategies. Ensure radio transmissions affecting the command are monitored at all times. Cause necessary changes or adjustments in roll call at beginning of tour. a. Schedule meals for supervisors assigned to platoon so that a supervisor is on duty at all times. b. Grant tour changes and excusals for members of platoon when appropriate. Supervise roll call. a. Personally inspect the outgoing platoon to ensure the personal appearance of members meets Department standards. b. Instruct and question members relative to command conditions. c. Ensure members are familiar with integrity concerns. d. Ensure members are aware of active Paid Detail locations and times of assignments at these locations within the precinct. Ensure all personnel of the platoon are properly supervised and performing duty in a satisfactory manner. a. Evaluate effectiveness of assignments. b. Review and sign the POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT (PD4391424) for subordinates and confer with detail sergeants as necessary. (1) Deliver REPORTS to operations coordinator within seven days following month for which submitted. c. Conduct interviews personally with personnel assigned to the platoon performing in an unsatisfactory manner. d. Conduct all return from sick interviews for members of the platoon. e. Review disciplinary records (CCRB, CPI) of all members assigned to platoon. f. Assume responsibility for Early Intervention Monitoring for members of platoon. Prepare annual evaluations of subordinate platoon supervisors. Inspect the command facility each tour and record results in the Command Log. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-13 LIEUTENANT PLATOON COMMANDER (continued) PAGE: 08/01/13 18. 19. 20. NOTE REVISION NUMBER: 3 of 4 Be responsible for proper entries of complaint information in the On Line Complaint System for the tour. Evaluate training needs and confer with training sergeant as required. a. Recommend members of the platoon receive specific training required for complete tour operations, i.e., fingerprint training, scooter qualification, etc. Designate a supervisor to conduct “platoon briefing.” The “platoon briefing” should include information compiled by the training sergeant, i.e., Police Commissioner’s messages, bulletins, and addresses by commanding officers, executive officers, integrity control officers, etc. The “platoon briefing” will include incident critiques by lieutenant platoon commanders and patrol supervisors, and regular updates regarding crime patterns, crime trends, wanted persons and discussions of precinct conditions and tactics for addressing these conditions. 21. 22. 23. 24. 25. 26. Investigate communications and perform assigned self-inspections, as directed by commanding officer. a. Ensure sergeants properly and accurately complete self-inspections, communications, and reports. Inspect and sign ACTIVITY LOGS (PD112-145) of patrol supervisors daily. Maintain ACTIVITY LOG and make entries listing times, names, locations and assignments of members visited. FIRST PLATOON - Review reports and forms prepared for the previous twenty-four hours. SECOND PLATOON - Be responsible for maintenance and weekly inspection of Department vehicles. Perform the following duties when assigned as a lieutenant platoon commander in a command other than a Patrol Services Bureau precinct: a. Perform duty in civilian clothes when directing plainclothes units or making discreet observations with the integrity control officer, when directed by commanding officer or other competent authority. b. Divide one’s time and movement during tour between the field and command facility, as needs dictate. c. Sign Command Log and notify Communications Section when leaving to and returning from patrol. d. Ensure radio transmissions affecting the command are monitored at all times. e. Respond to radio runs unannounced to observe performance of sergeants and police officers. f. Evaluate driving habits and abilities of members of the platoon and take corrective action as necessary. g. Respond to and direct police activities at serious crimes and emergencies. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-13 LIEUTENANT PLATOON COMMANDER (continued) REVISION NUMBER: PAGE: 08/01/13 h. 27. 4 of 4 Ensure all arrests are processed expeditiously and under proper supervision. i. Perform tour as designated by commanding officer. Access the Quest for Excellence application and prepare QUARTERLY ASSESSMENT OF SQUAD SERGEANT (PD439-1425) by the tenth day of the month following the reporting period. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-13a CRIMINAL JUSTICE BUREAU BOROUGH COURT LIAISON OFFICER DATE ISSUED: 08/01/13 BOROUGH COURT LIAISON OFFICER 1. 2. 3. 4. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Perform an operational tour of duty as approved by the commanding officer, choosing tours that will maximize operational efficiency. Submit weekly schedule to the Criminal Justice Bureau, Operations Commander, via the commanding officer of the Court Section. Confer weekly with members of the borough District Attorney’s Office and patrol borough command to monitor trends and develop strategies that will improve criminal prosecutions. Confer with the supervising judge of the borough Criminal Court, Family Court and administrator of the New York City Corporation Counsel, bi-weekly. a. Develop channels of communication and information sharing with these agencies, as appropriate. The goal of communication and information sharing is to improve conviction rates. 5. 6. 7. 8. 9. 10. 11. Review arrests processed as “declined prosecution” and recommend ways to prevent future “declined prosecutions.” a. Review and analyze arrest documents (e.g., COMPLAINT REPORT[S] [PD313-152], Affidavits, Supporting Depositions, Court Complaints, ACTIVITY LOG [PD112-145] entries, etc.) to determine ways to improve prosecutions. Provide assistance to supervisors investigating court appearances that resulted in overtime. Provide assistance to supervisors investigating complaints regarding uniformed members of the service who failed to report for a scheduled court appearance. a. Verify that commands are being properly notified when uniformed members are scheduled for a court appearance. Make recommendations on ways to improve courtroom testimony. a. Visit the different courts within assigned borough to observe performance and conduct of uniformed members attending court b. Review courtroom testimony to uncover and correct deficiencies c. Confer bi-weekly with Assistant District Attorneys regarding effectiveness of uniformed members’ testimony d. Review Department training regarding courtroom testimony and make recommendations in writing (through channels), as necessary, to improve the curriculum. Prepare report on Typed Letterhead to commanding officer monthly, containing recapitulation of the previous month’s conferrals, observations and conclusions. Provide assistance to members of the New York State Commission of Correction in their inspection of Department holding pens and detention cells. Coordinate the Court Section fire safety plan and attend fire drill meetings. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-13a BOROUGH COURT LIAISON OFFICER (continued) REVISION NUMBER: PAGE: 08/01/13 12. 13. 14. 15. 2 of 2 Provide assistance to members of Family Court in their site visits to inspect and certify juvenile rooms. Confer with administrators and staff members of any agency deemed appropriate by the Commanding Officer of the Criminal Justice Bureau that is involved in the enforcement of City and State laws and regulations. Attend monthly prosecution assessment meetings at the Criminal Justice Bureau. Perform assignments as directed by the commanding officer, borough Court Section. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-14 DESK OFFICER DATE ISSUED: 11/29/13 DESK OFFICER 1. 2. 3. 4. 5. 6. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 11/29/13 1 of 4 Sign name and time in Command Log when assuming desk officer duties and at end of tour. a. Enter the names of sergeants in the Command Log as present for duty immediately prior to the start of their tour. Perform duty in uniform. Be responsible for all police operations within command during tour. Check command email frequently throughout tour. a. Checks are required immediately after the start of tour and again during the fourth hour of tour. Record checks in the Command Log. b. Ensure important or actionable information is relayed to the outgoing platoon or appropriate command personnel, as required. Visit all areas of the command facility at least once each tour. a. Personally check both female and male restrooms and locker rooms for any structural defects that would permit visual access by persons located outside these private areas, and take immediate corrective action to rectify any such condition, when circumstances dictate. b. Inspect command for display of any offensive material. Sign out in Command Log when leaving desk area for any reason, e.g., personal necessity, meal, inspection of command facility, and sign in upon return. When there is more than one patrol supervisor working on patrol, one will relieve the desk officer for meal. Meal relief is not considered an emergency. Police officers will not be assigned to desk duty. 7. 8. 9. Supervise arrest processing. a. Periodically inspect the arrest processing area and ascertain number of prisoners on hand and length of time in command. b. Reassign personnel as necessary. Question arresting officers regarding circumstances of arrest (i.e., details of occurrence, use of force, evidence recovered, determination of charge, etc.) Inspect the property locker and all areas within command where invoiced property is being held at the commencement of each tour. a. Conduct “Physical Inventory” of property utilizing the Property and Evidence Tracking System. b. Inspect seals on all plastic and jewelry security envelopes present for tampering and conduct immediate investigation if seal is violated. c. Inspect Property Clerk Division seals on all street vendor property bags and compare their serial numbers with those serial numbers entered into the PROPERTY LOG. d. Enter results of inspection of invoiced property and Property Clerk Division seals in Command Log by documenting the NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-14 REVISION NUMBER: PAGE: 11/29/13 DESK OFFICER (continued) 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 2 of 4 “Physical Inventory” number ascertained from the Property and Evidence Tracking System. Make a separate entry indicating any INVOICES stored within the command in excess of thirty days, listing each PROPERTY CLERK INVOICE number. e. Notify the operations coordinator of the number of PROPERTY CLERK INVOICES stored within the command in excess of thirty days and expedite delivery of the invoiced property to its final storage location. f. Safeguard key and invoiced property during tour. Certify to accuracy and completeness of entries in Command Log concerning vouchered property. Make required adjustments at roll call and finalize as per ARCS procedures. a. After platoon is posted record post changes in the Command Log and on front of ROLL CALL (PD406-144) as they occur. Conduct roll call and, in the absence of a lieutenant platoon commander, inspect uniforms and equipment of members of outgoing platoon, question member’s knowledge of command conditions, and ensure familiarity with integrity concerns. Notify patrol supervisor of reassignment of members returning from court or other details. Maintain Command Log. Interview visitors entering command. Monitor FINEST for messages affecting command or members of command. Supervise performance of: a. Command clerk c. Attendant b. Telephone switchboard operator d. Patrolwagon operator DO NOT assign attendant any duty requiring them to leave cell block while prisoners are lodged therein. Supervise entries made on PRISONER ROSTER (PD244-145). Examine and sign forms and reports as required. Process summonses issued during previous twenty-four hour period when performing duty with first platoon. Supervise issuance of summons books. Process application for bail and personal recognizance. Verify return roll call. a. Supervise platoon sign-out at end of tour. Enter in Interrupted Patrol Log identity of all members of platoon entering command for any reason. Certify entries in TELEPHONE DISPATCH LOG (PD112-143) by signing the LOG after 4th hour and at end of tour. Record hourly rings for all uniformed members performing duty between 0200 and 0700 hours. Maintain Telephone Record. Operate and monitor base radio. Arrange meals and reliefs for personnel assigned to duty in command facility. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-14 REVISION NUMBER: PAGE: 11/29/13 DESK OFFICER 31. (continued) 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 3 of 4 Ascertain that supervisor conducts investigation when a member of the service is injured and/or Department property is damaged and submit required reports in connection therewith. Make required notifications to members of the service assigned to or residing within command. Supervise distribution of paychecks and make appropriate Command Log entries. Notify commanding officer of important matters, i.e., unusual arrest or occurrences and important messages or conditions requiring personal attention. Promptly notify the Intelligence Bureau’s Criminal Intelligence Section of major incidents i.e., homicides; assaults involving shootings, stabbings or slashings; home invasions; crime resulting in serious injury to members of the service, significant seizure of contraband, drugs, money, or fireworks; burglary, robbery, firearms, shooting, or pattern crime arrests; gang incidents; hidden compartments (traps) in specific vehicles and any other special circumstances deemed appropriate by the Commanding Officer, Intelligence Bureau and/or precinct/PSA/transit district commanding officer. Confer with commanding officer, executive officer, and operations coordinator concerning any trends observed or other matters of importance. Safeguard and distribute portable radios giving priority to nature of member’s assignment. Check on repair, availability and distribution of field equipment, i.e., portable radios and emergency equipment and make entries in pertinent records. Examine reports and forms prepared during previous twenty-four hours and process as required when performing duty with the First Platoon. Forward reports or forms to Departmental units or other commands. Ensure that the United States flag is displayed properly between sunrise and sunset on each day. DO NOT permit unauthorized person behind desk except the following persons when performing their official duties: a. Members of the service d. Corporation Counsel or assistant b. Judicial Officers e. Comptroller or assistant c. M.E. or assistant f. District Attorney or assistant Accept service of civil process for member of command and notify member concerned, when principal administrative associate not performing duty. Assign qualified member to operate patrolwagon when civilian operator is not available. If neither is available in command, request patrol borough command to assign operator. DO NOT assign patrolwagon operator any duty outside stationhouse without prior approval of borough court section concerned. (Assignments from borough court section concerned have priority over precinct assignments). Verify arrival and departure of command receptionist by signing Personnel Schedule and Time Sheet. Forward command receptionist program reports as required. Supervise subordinate members of command. Lieutenant platoon commanders serving as desk officers will evaluate effectiveness of command patrol assignments. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-14 REVISION NUMBER: PAGE: 11/29/13 DESK OFFICER 50. (continued) 51. 52. 53. 54. 55. 56. 57. 58. 4 of 4 DO NOT deploy SNEU/Anti-Crime/Peddler Enforcement personnel unless a SNEU/Anti-Crime/Peddler Enforcement supervisor is assigned directly and totally to their supervision. Ensure that meals assigned to supervising officers performing duty are scheduled so that a supervisor is on patrol at all times. Notify telephone switchboard operator of all post changes. Report defective gas pumping equipment to Fleet Services Division, Fuel Control. Promptly post any messages which modify the “Uniform of the Day.” Prepare DAILY VEHICLE ASSIGNMENT SHEET (PD120-141) on each tour. Maintain SHEETS for the current month on a clipboard behind the desk. a. Verify DAILY VEHICLE ASSIGNMENT SHEET when performing duty with the first platoon. b. Have completed SHEETS filed after each month. Prepare PRECINCT CONSOLIDATED TOUR REPORT (PD120-140) on every tour and attach to the desk copy of the ROLL CALL. Inspect all areas containing Department computer systems at least once each tour and ensure that all systems are being used within Department guidelines and are not damaged in any way. Make required entries on Roll Call Adjustment (Misc. 3084) and corresponding changes on desk copy of ROLL CALL prior to the start of the incoming platoon. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-15 COMMAND INTEGRITY CONTROL OFFICER DATE ISSUED: 08/19/13 COMMAND INTEGRITY CONTROL OFFICER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 3 Perform NO DUTIES other than integrity control. Perform duty regularly in one command. Develop and Maintain: a. An Integrity Control Program suitable and responsive to command conditions and b. A comprehensive overtime control plan which includes an audit and review process. Make recommendations to commanding officer concerning integrity control. Observe command conditions and visit corruption prone locations frequently, at irregular hours. Keep commanding officer advised of conditions and possible corruption hazards. Visit command holding cells, detective holding cells, emergency rooms and hospitalized prisoner rooms. Assist commanding officer in developing sources of information regarding integrity and corruption by maintaining rapport with members of the service (uniformed and civilian) and private citizens. Instruct uniformed members of the service, during roll call training, on the proper methods of identifying, reporting and combating corruption. Provide advice to commanding officers/unit commanders concerning appropriate penalties for violations of Department regulations. Conduct investigations and submit reports in response to official communications received from the Internal Affairs Bureau and patrol borough investigations units when so assigned by commanding officer. Compile, maintain and update “Confidential Performance Profile” of subordinate members. Verify the “Profile” annually with the Central Personnel Index of the Personnel Bureau, and forward all necessary “Profile” information to member’s commanding officer when member is transferred. Confer with all sergeants upon their assignment to the command and annually thereafter, apprising them of those members of the command who have significant negative information in their “Confidential Performance Profile.” Conduct CPI check when new members are assigned to command. Inspect time cards, overtime records, property records, minor violations log, vending machine ledgers, etc. Maintain records concerning the Integrity Control Program including a “Integrity Monitoring File” (see P.G. 203-21). Review records relating to court appearances resulting in overtime. Inspect and sign ACTIVITY LOG (PD112-145) of sergeants. Inform local businessmen of Departmental policy and provisions of the Penal Law, concerning corruption and gratuities. Develop liaison with Internal Affairs Bureau and patrol borough investigations units to exchange information for self initiated anticorruption programs. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-15 COMMAND INTEGRITY CONTROL OFFICER REVISION NUMBER: PAGE: 08/19/13 20. (continued) 21. 22. 23. 2 of 3 Review Command Log entries regarding invoiced property daily and if any property is stored in the command in excess of thirty days, consult with the operations coordinator, desk officer etc., to determine if an integrity or corruption hazard exists. If so, brief the executive officer/commanding officer and take appropriate action to correct the situation. Notify patrol borough investigations unit concerned regarding self initiated cases. Verify Identification Section’s printout of Criminal History Record Inquiries (name checks). Ensure the annual issuance and collection of the NYPD Restricted Parking Permits (Misc. 23-N) is in compliance with P.G. 219-29, “Distribution and Use of NYPD Restricted Parking Permits.” a. Maintain a record of the issuance and return of the NYPD Restricted Parking Permits in a command Parking Permit Log as follows: PERMIT NO. DATE ISSUED NAME OF MEMBER VEHICLE MAKE 24. 25. 26. 27. 28. 29. 30. 31. 32. DATE RETURNED REMARKS PLATE # Check equipment and supplies regarding misuse or misappropriation. Ascertain that computer security and integrity is maintained, including all official Department recorded media or recorded media coming into possession of the Department as evidence or for investigative purposes (e.g., video tape, photographic images or pictures, audio recordings, electronic or internet files, etc.). Conduct investigations when member of the service in the military fails to provide appropriate military contract and drill schedule to precinct timekeepers. Physically inspect all Department radios assigned to command monthly to ensure accountability. Identify all radios assigned outside of command on a permanent basis and confer with the commanding officer regarding the necessity for its continuance. Debrief prisoners concerning corruption/serious misconduct, when possible. Ensure accuracy of the license plates recorded on CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146) by performing random checks of summonses in accordance with established command self-inspection procedures. Become well versed in the use of the computerized Accident System Index and its “AAMZ/AQIA screens”. Utilize the aforementioned “screens” to regularly scan Police Accident Reports (MV104AN) for the following corruption indicators: a. An inordinate amount of Police Accident Reports (PAR’s) submitted by the same UMOS. b. Discrepancies between the dates and times of submitted PAR’s and those of UMOS scheduled tours. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-15 COMMAND INTEGRITY CONTROL OFFICER PAGE: 08/19/13 3 of 3 c. d. 33. (continued) 34. 35. NOTE REVISION NUMBER: Any PAR submitted by a command clerk and Any PAR submitted by a UMOS assigned to an outside command, i.e. task force, bordering precinct, etc. Conduct investigation when warranted and contact the Fraudulent Collision Investigation Squad for assistance, if necessary. Access the Department’s intranet webpage each month to ascertain Paid Detail activities of individual members assigned to command, including times and locations. a. Select an appropriate representative sampling and compare against command roll call and overtime records to ensure there are no discrepancies. b. Include in command overtime self-inspection program. Inspect all male and female lockers annually, during the month of November, for proper display of Department stickers POLICE DON’T MOVE (PD672-133) and PROPER TACTICS SAVE LIVES (PD642-110). a. Ensure that the POLICE DON’T MOVE sticker contains the member’s rank, name, shield and squad number information b. Enter results of inspection of Department locker stickers in Command Log. Borough Investigations Units and the Borough Training Coordinator will conduct random inspections of Command Level Training Program to ensure all members are receiving required training. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-16 PRINCIPAL ADMINISTRATIVE ASSOCIATE DATE ISSUED: 08/01/13 PRINCIPAL ADMINISTRATIVE ASSOCIATE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Acts as principal assistant in precinct/police service area/transit district to operations coordinator. Responsible for direct line supervision and training of both uniformed and civilian members of the service assigned to clerical, administrative, and custodial staff, including roll call, payroll/time records, clerical, crime analysis and communications. Assists in providing staff supervision of SP9, telephone switchboard, command clerk positions and all non-clerical civilian personnel. a. Inform and train personnel regarding changes in position functions. b. Consult with desk officer and training officer regarding training needs. c. Request civilian personnel be included in Command Level Training Program, when appropriate. Monitors attendance and punctuality of members of the service under his/ her supervision. Responsible for scheduling adequate coverage of positions under his/her supervision. Develops and/or assists in developing procedures and methods, records and operational controls. Communicates new and/or modified policy methods and procedures to staff and evaluates results. Prepares routine, complex, and confidential communications, including self-inspection reports. Prepares performance evaluations for designated staff members using “Tasks and Standards Guide.” Attends supervisory staff meetings and conducts meetings with subordinate staff. Have a Command Log entry made of the time arriving and leaving the precinct stationhouse, police service area, or transit district, and the reason. Performs other assignments as directed by commanding officer and/or operations coordinator. Prepare self-inspection of command’s military leave records, as required. Notify the operations coordinator and integrity control officer if member’s current military contract and current drill schedule are not provided by the member concerned. In commands where there is no principal administrative associate assigned, the commanding officer concerned will designate a member of the service to perform the above functions. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-17 PATROL SUPERVISOR DATE ISSUED: 08/01/13 PATROL SUPERVISOR 1. 2. 3. 4. 5. 6. 7. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Report to the desk officer immediately prior to the start of tour for entry in the Command Log as present for duty. Supervise all police field operations within command during tour of duty. Immediately respond to and direct activities at radio runs involving any weapons (firearms, knives, etc.), serious crimes, burglaries and emergencies. a. Make appropriate ACTIVITY LOG (PD112-145) entries. (1) Communications Section will immediately dispatch a patrol supervisor from an adjoining command if patrol supervisor, command of occurrence, is not available. Conduct roll call, if directed by lieutenant platoon commander or desk officer. Confer with commanding officer, executive officer, operations coordinator, lieutenant platoon commander and desk officer concerning trends observed or other matters of mutual interest and importance. Conduct investigation and submit reports on injuries to members of the service (uniformed and civilian) or damage to Department property. Report serious deficiencies in RMP seatbelts to lieutenant platoon commander or in his/her absence, direct to commanding officer. Take appropriate action if defects in seatbelts are deemed to be of a nature not consistent with normal usage. In addition, be vigilant for indications that members are disabling or improperly using seatbelts (e.g. buckling seatbelt behind occupant's body or behind seat). 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Report all vandalism of RMP seatbelts to the Internal Affairs Bureau. Visit various locations within command at different times during the first platoon to ascertain that uniformed members of the service are performing duty at all times. Conduct investigations and submit reports as required. Maintain ACTIVITY LOG and make entries listing times, names and assignment of police officers visited. Be cognizant of crimes and other conditions within command and instruct police officers concerning activities that affect their sector/posts. Patrol command in uniform equipped with portable radio, as directed. Supervise inspection of Department vehicles assigned to members of platoon. Visit police officers assigned to foot and radio motor patrol frequently and at irregular intervals during tour and indicate visit by signing ACTIVITY LOG of each member. Visit uniformed members of the service assigned to hospital and special posts at least once each tour. Ensure that radio messages directed to member assigned to sector/post are acknowledged. Direct RMP units to resume patrol when services are no longer required. Report derelictions of duty to commanding officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-17 PATROL SUPERVISOR (continued) REVISION NUMBER: PAGE: 08/01/13 20. 21. 22. 23. 24. 25. 26. 27. 2 of 2 Keep lieutenant platoon commander or desk officer notified of current matters of importance. Notify switchboard operator of location where meal will be taken and relieve lieutenant platoon commander or desk officer for meal, when designated. Direct uniformed members assigned to scooter duty to report to lieutenant platoon commander or desk officer for reassignment when weather/road conditions make scooter operation dangerous. Review and sign POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS (PD439-1424) of police officers/detectives specialists, weekly. a. Make required entries and deliver completed REPORTS to platoon commander for review by the fifth day for the previous month. Sign return ROLL CALL (PD406-144) after completion of tour. Supervise member’s performance of duty, test knowledge of command conditions and closely evaluate member’s activity. Submit to commanding officer, in writing, recommendations for special assignment, detective designation, or change in assignment for members under supervision. Evaluate driving habits and abilities of members of the platoon and take corrective action as necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-18 SUPERVISOR OF ANTI-CRIME PATROL DATE ISSUED: 08/01/13 SUPERVISOR, ANTI-CRIME PATROL 1. 2. 3. 4. 5. 6. 7. 8. 9. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Confer with commanding officer, special operations lieutenant, crime analysis officer and uniformed supervisors on patrol to identify locations of high crime within the command. Examine COMPLAINT REPORTS (PD313-152) and ON LINE BOOKING SYSTEM ARREST WORKSHEETS (PD244-159) to establish times and locations of violent street crimes and burglaries. Inspect members daily for proper equipment and ensure that each member is equipped with a nylon windbreaker jacket (including Transit Bureau anti-crime members) conforming to the specifications of P.G. 204-04, “Optional Uniform Items,” and pepper spray. Inspect Department autos daily for necessary equipment, including portable red light. Ensure that members are properly trained regarding duties as described in current Department directives. Supervise member’s performance, be cognizant of location of anti-crime members, and be able to contact personnel at all times. Apprise patrol sergeants of anti-crime activity locations for information of uniformed members on patrol. Ensure that anti-crime personnel do not conduct decoy operations without prior approval of the bureau chief concerned. Notify platoon commander and special operations lieutenant of all incidents of importance that occur during tour. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-19 TRAINING SERGEANT DATE ISSUED: 08/01/13 TRAINING SERGEANT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Perform duty, in uniform, as the command’s primary training instructor and coordinator of field training. Perform tours of duty at the direction of the commanding officer, as necessary. MUST dedicate a minimum of four hours and thirty minutes of each tour to patrol related functions, e.g., meal relief for desk officer and/or patrol supervisor, investigating communications, etc. Conduct training sessions for the three platoons as follows: a. 1st and 2nd Platoons - 0720 to 0745 hours b. 3rd Platoon - 1515 to 1535 hours. Schedule and conduct training sessions for all uniformed and, when appropriate, civilian members of the command not assigned to a steady platoon (i.e., Community Policing Unit, Anti-Crime, Street Narcotics Enforcement Unit and civilians). a. Training sessions will be conducted twice weekly for forty-five to sixty minutes duration. Inform members during training sessions of identified sector conditions as per the most recent weekly COMMAND CONDITIONS REPORTS. Maintain and sign the Training Attendance Log daily. Have tours adjusted, where applicable, by the commanding officer to ensure that all police officers working tours outside the training sergeant’s normal tour will receive training. Attend Police Academy training seminars and conduct training in topics selected by the Department’s Training Advisory Committee. a. Research and prepare lesson outlines in accordance with schedules promulgated by the Borough Training Coordinator. Confer frequently with commanding officer to identify training needs. Implement training directives of commanding officer. Keep abreast of occurrences within the command and conditions to aid commanding officer in identifying problems which may be solved by command level instruction. Maintain attendance records at training sessions and other Department training programs. a. Coordinate the attendance by members of the command at all Department training programs. Monitor and review attendance records to ensure that all members of the command, both uniformed and civilian, when appropriate, are trained within each training cycle and that training is conducted each day as required. Appropriate investigation unit and the Borough Training Coordinator will conduct random inspections of Command Level Training Program to ensure all members are receiving required training. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-19 TRAINING SERGEANT (continued) PAGE: 08/01/13 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. NOTE REVISION NUMBER: 2 of 2 Ensure that lesson plans and training materials are available and accessible to the alternate trainer when not scheduled or unavailable to conduct training. Prepare roll call training messages. Prepare and maintain bulletin board training within the command. a. Supervise maintenance of other command bulletin boards/pin maps. Measure effectiveness of training efforts on members of command. Attend community meetings when designated to do so by commanding officer. Give advance notice of future training topics to increase interest. Maintain command library. Keep abreast of current orders (i.e., Interim/Operations Orders, FINEST messages, etc.). a. Include pertinent material during training sessions. Distribute Patrol Guide Revision Notices and other Department directives as required. Confer with principal administrative associate or designee to determine civilian training needs. Confer with the Department’s Facilities Management Division in the implementation of an effective recycling program. a. Post information on what and how to recycle where appropriate (e.g., bulletin boards, etc.). b. Ensure members of the service receive information about recycling procedures and best practices for waste reduction and reuse. c. Contact, quarterly, the Facilities Management Division’s Recycling/Sustainability Coordinator to report actions that were taken to implement the Waste Prevention, Reuse, and Recycling Plan. The Police Academy will develop and supply training sergeants with training curriculums and materials in coordination with the Office of the Chief of Department. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-20 PRECINCT SCHOOL SAFETY SERGEANT DATE ISSUED: 08/01/13 PRECINCT SCHOOL SAFETY SERGEANT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Assist precinct commanding officer in developing and implementing the precinct school safety plan. Coordinate precinct resources to address developing school-related conditions. Perform an operational tour of duty, ensuring that hours are consistent with school hours of operation, particularly dismissal times. Maintain ongoing liaison with principals and school staff. Coordinate the evaluation and supervision of school safety agents. Assist with training of school safety personnel. Coordinate activities with precinct youth officer. Evaluate and coordinate “Safe Passage” and “Safe Corridor” Programs. Act as conduit to Department for school safety agents’ requests for resources. Visit schools and track statistics on violence in schools by conferring with school principals and school safety agents. Establish liaison and coordinate precinct efforts with the School Safety Division, Truancy Coordinator. Liaison with the precinct domestic violence prevention officer on cases involving child abuse. Respond to incidents where a school safety agent is a victim of an offense while performing duty. Keep special operations lieutenant apprised of activities in and around school facilities. Identify locations at the beginning of every school year, for all schools within the precinct, where truants will be delivered to and identify at least one person in each school who will accept responsibility for truants delivered. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-21 POLICE OFFICER DATE ISSUED: 08/01/13 POLICE OFFICER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Perform duty in uniform as indicated on roll call or as directed by competent authority. Proceed to post, sector or assignment as directed by supervisor. Comply with meal and post relieving points as directed by commanding officer. Report to desk officer when entering or leaving stationhouse/police service area/transit district during tour of duty indicating reason for presence therein. Be aware of, and inspect, post or sector for conditions requiring police attention. Report immediately to the patrol supervisor and the platoon commander any unusual crime, occurrence or condition. Report conditions not requiring immediate attention to the command clerk. Render all necessary police service in assigned area and as otherwise directed. Familiarize self with the everyday routine of people residing, doing business or frequenting post or sector. Investigate suspicious conditions and circumstances on the post. Give attention to crime hazards. Signal the command each hour, if not equipped with radio. a. All uniformed members will ring between 0200 and 0700 hours direct to the desk officer. b. When assigned to school or church crossing, signal before and after crossing. c. Do not signal when assigned to a traffic post. d. Uniformed members assigned to the Transit Bureau will signal the command when arriving and leaving assigned post, going on and coming off meal, and as indicated on the roll call. When dispatched to an assignment by the telephone switchboard operator, keep the telephone switchboard operator informed of police services rendered. Report police services rendered in another command to desk officer of that command. Submit POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT (PD439-1424) to the designated sergeant for review and signature on the seventh, fourteenth, and twenty-first day of every month. a. Submit completed REPORT to designated sergeant by the second day of the month for the previous month. b. Submit REPORT prior to leave, or if not possible, without delay upon return to duty if scheduled for vacation or other leave. Call the desk officer when detained at court or elsewhere and unable to return to command to sign the Return Roll Call at end of tour. Maintain ACTIVITY LOG (PD112-145). Preserve completed ACTIVITY LOGS and produce them as required by competent authority. Monitor portable radio. Do not leave post/sector until meal actually commences and be back on post when meal is over. (Travel time is not authorized). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-22 RADIO MOTOR PATROL OPERATOR DATE ISSUED: 08/19/13 RADIO MOTOR PATROL OPERATOR 1. 2. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 2 Inspect the serviceability of seatbelts in the radio motor patrol car. a. Notify patrol supervisor of any deficiencies found in accordance with Patrol Guide 219-01, “Inspection of Department Vehicles Each Tour by Operator.” Wear seat belts. a. Wear three-point seatbelts, when provided. b. Wear two-point safety belts (lap belts) if three-point safety belts are not provided. There is an increased risk of significant injury to members of the service who do not wear safety belts. There is no question that wearing a safety belt when involved in a motor vehicle collision reduces the extent and severity of injuries and saves lives. Therefore, the wearing of safety belts is required for all individuals operating or riding in a Department vehicle (marked or unmarked) or a private vehicle authorized for Department use. Safety belts may be removed ONLY when a member of the service is involved in what appears to be a dangerous tactical situation and the wearing of the safety belt may impair the member’s ability to take police action. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Exchange assignments every four hours with the recorder of the radio motor patrol car. Operate car for the entire tour when assigned as driver of ranking officer. a. Monitor radio messages directed to assigned area when supervisor is out of car. Permit only uniformed members of the service performing related police duty to enter or ride in a radio motor patrol car on patrol. Respond to messages of serious police emergency within five blocks of location even if messages are directed to another car, regardless of sector, precinct and borough boundaries. Do not carry electric blasting caps in vehicles or transmit within 150 feet of any electric blasting operation. Monitor radio when recorder is assigned to a school or church crossing. a. Pick up recorder and respond to assignment when directed by radio dispatcher. Leave radio on and have the car ready for instant use when car is being cleaned or supplied with fuel. a. Do not put car out of service if fuel is to be obtained in assigned command. Avoid remaining in areas where radio reception is poor. Proceed to an emergency scene with due caution. (Do not use the siren unnecessarily; approach the scene of a reported crime quietly). Take RMP car out of assigned sector when: a. Directed by competent authority, or b. Answering an emergency call, or NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-22 PAGE: 08/19/13 RADIO MOTOR PATROL 13. OPERATOR 14. (continued) 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. NOTE REVISION NUMBER: 2 of 2 c. Servicing, repairing or cleaning required, with permission of desk officer. Constantly patrol assigned sector. Do not unnecessarily leave the car unattended. a. REMOVE keys and LOCK car when answering call. b. DO NOT LEAVE PORTABLE RADIO IN CAR. Position car at scene of an emergency to avoid obstructing, or being blocked by, emergency apparatus. Sign return roll call at end of tour. Perform the duties of recorder when none is assigned. Inspect the car when reporting for duty (see P.G. 219-01, “Inspection of Department Vehicles Each Tour by Operator”). Make ACTIVITY LOG (PD112-145) entry of findings, odometer reading and amount of gasoline in the tank as registered by the indicator, in addition to all other required entries as per Patrol Guide 212-08, “Activity Logs”. Notify the desk officer when a car requires speedometer repairs or other repairs or replacement of parts or accessories, including tires and tubes. Operate car in manner to avoid injury to person or damage to property. Drive at slow rate of speed except under exceptional circumstances or extreme emergency. Operate RMP car only when assigned and only when Department qualified to operate such vehicle. Take care of car and accessories, equipment and tools assigned. Cooperate with other operators of same car to which assigned in care and maintenance, particularly cleaning, washing and keeping the car in proper operating condition. Make minor repairs to car when possible. Enter appointment for preventive maintenance on sticker affixed to vehicle. Deliver car for regular preventive maintenance inspection as scheduled on sticker affixed to vehicle. Do not tow or push another vehicle with RMP car. Highway District vehicles equipped with “protective bumper guards” may push disabled vehicles obstructing active traffic lanes to the nearest location where it may be parked safely. In NO event will disabled vehicles be pushed to repair shops or onto private property (see P.G. 214-31, “Removal of Vehicles From Parkways, Highways and Expressways”). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-23 RADIO MOTOR PATROL RECORDER DATE ISSUED: 08/19/13 RADIO MOTOR 1. PATROL RECORDER NOTE REVISION NUMBER: PAGE: 08/19/13 1 of 2 Assist Radio Motor Patrol Operator in inspection of seatbelts. a. Inform Radio Motor Patrol Operator of any deficiencies found and record findings in ACTIVITY LOG (PD 112-145). Report seatbelt deficiencies to the Patrol Supervisor. 2. NOTE DATE EFFECTIVE: Ride in the front seat of radio motor patrol car, except when transporting prisoner, emotionally disturbed person, etc., in a radio motor patrol car not equipped with a fiberglass partition. a. Wear three-point seatbelts, when provided. b. Wear two-point safety belts (lap belts) if three-point safety belts are not provided. There is an increased risk of significant injury to members of the service who do not wear safety belts. There is no question that wearing a safety belt when involved in a motor vehicle collision reduces the extent and severity of injuries and saves lives. Therefore, the wearing of safety belts is required for all individuals operating or riding in a Department vehicle (marked or unmarked) or a private vehicle authorized for Department use. Safety belts may be removed ONLY when a member of the service is involved in what appears to be a dangerous tactical situation and the wearing of the safety belt may impair the member’s ability to take police action. 3. 4. 5. 6. 7. 8. 9. Notify radio dispatcher of the presence of a prisoner, emotionally disturbed person, etc., the time entering the RMP, their gender and the beginning mileage. a. Notify the radio dispatcher of the time persons exited RMP and ending mileage, upon arrival at destination. Operate the radio. Record in ACTIVITY LOG (PD112-145), radio messages directed to car, including time, location of call and type of case, in addition to all other required entries as per Patrol Guide 212-08, “Activity Logs.” a. Enter disposition of each call and time of completion. Make hourly ring direct to desk officer between 0200 and 0700 hours. Transmit disposition or interim disposition to radio dispatcher immediately upon completion of assignment and before leaving the scene of assignment. a. Transmit interim disposition to radio dispatcher if required to proceed to another location in connection with current assignment. b. Notify desk officer of disposition of assignments originating from command or other important assignments of an unusual nature. Notify the radio dispatcher if undue delay is encountered in response to a radio message. Obtain a portable radio, if available, from the desk officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-23 REVISION NUMBER: PAGE: 08/19/13 RADIO MOTOR 10. 11. PATROL RECORDER 12. (continued) 13. 14. 15. 2 of 2 Cover school crossing or other fixed post, as required. Prepare all necessary reports and records connected with police action taken jointly with operator, while assigned as recorder. Signal command and comply with instructions of desk officer, if radio station becomes inoperative. Obtain permission from radio dispatcher to place R.M.P. auto out of service for minor repairs. Notify radio dispatcher of all assignments including pickup assignments, not emanating from Communications Section. a. Give location and nature of assignment. Carry duplicate set of keys for vehicle to which assigned during the entire tour of duty. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-24 MOTOR SCOOTER OPERATOR DATE ISSUED: 08/19/13 MOTOR SCOOTER OPERATOR 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 1 Operate scooter at a slow, safe rate of speed. a. Three-wheel scooters may be operated on all tours at speeds not exceeding twenty M.P.H. Operate scooter with headlight on at all times. Report to command by telephone each hour or during emergencies as directed by commanding officer. Do not use scooter to pursue motor vehicles nor be assigned to expressways or parkways. Check road conditions of entire post and make ACTIVITY LOG (PD112-145) entry immediately after arrival on post. Request reassignment when original assignment is hazardous due to spillout from trucks, construction or other poor road surface conditions. Do not perform scooter duty when: a. Rain, snow, sleet, heavy fog, or any precipitation causes ground to become slippery. (1) Three-wheel scooters may be used in moderate rain and fog. b. Patches of snow or ice remain from previous storm. c. High winds interfere with control of scooter. d. Temperature falls below 32 degrees Fahrenheit, 0 degrees Celsius (except three-wheel scooter). Receive refresher training in motor scooter operation when member: a. Has been involved in scooter collision. b. Has not operated a Department scooter within six months period and is being considered for assignment to operate scooters. c. Has performed scooter duty for one year period without attending refresher course. Inspect scooter to ensure it is in serviceable condition and enter in ACTIVITY LOG findings, odometer reading and amount of gasoline in tank. Operate scooter only when assigned, properly licensed and designated as qualified Department Scooter Operator. Monitor portable radio. Wear dual-purpose disorder control/scooter helmet with face shield in place. a. Face shield is not required to be in place when operating threewheel scooter. Wear reflective belt or reflective traffic safety vest during hours of darkness. Obey traffic control devices. a. Siren and roof lights installed on three-wheel scooters will be operated when necessary. Use extreme caution when approaching intersection or making turns. Do not respond to radio runs unless specifically directed by radio dispatcher. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-25 ANTI-CRIME POLICE OFFICER DATE ISSUED: 08/01/13 ANTI-CRIME POLICE OFFICER 1. 2. 3. 4. 5. 6. 7. 8. 9. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Perform duty in civilian clothes. a. Be equipped with pepper spray while on duty. Maintain daily record of activity in ACTIVITY LOG (PD112-145). Study and analyze command crime statistics and reports. Patrol within confines of command giving special attention to locations prone to violent street/subway crimes and burglaries. Inform radio dispatcher when responding to, or present at the scene of a police incident and include description of clothing worn, vehicle used, etc. Wear appropriate identification when present at scene of a police incident (nylon windbreaker jacket, shield, headband, color of day, etc.). a. Properly identify self prior to taking any police action, if possible. Conduct short-term investigations, not to exceed two hours, within command boundaries, directly related to street/subway crimes or burglaries except when commanding officer/executive officer extends such time. Do not conduct lineup or show photographs without permission of detective squad supervisor or qualified supervisor of investigating unit (e.g., BRAM, etc.). Stop a vehicle under the following circumstances: a. Reasonable suspicion that the occupant(s) of the vehicle have committed, are committing, or about to commit a crime; OR b. Probable cause that the occupant(s) of the vehicle have committed a crime; OR c. Upon observing the vehicle, reasonable suspicion exists that a violation of the traffic laws has been committed; OR d. Upon observing the vehicle, probable cause exists that a violation of the traffic laws has been committed; OR e. The vehicle is stopped according to some non-arbitrary, nondiscretionary, systematic procedure (e.g., a roadblock, or DWI checkpoint). (1) All civilian clothed uniformed members of the service shall, when practical, utilize portable red light, NYPD windbreaker jacket, NYPD baseball cap and/or color of the day. (2) Contact Communications Section and request marked Department vehicle respond, if practical. Civilian clothed uniformed members of the service (i.e., Anti-Crime, PDS/BRAM Units) shall conduct taxi/livery checks pursuant to the Taxi/Livery Robbery Inspection Program (TRIP) and passenger vehicle checks pursuant to the Combat Auto Thefts (CAT) program. When a vehicle stop is made on the basis of an observed traffic infraction, uniformed members of the service should take proper police action, including the issuance of summonses. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-26 CRIME PREVENTION OFFICER DATE ISSUED: 08/01/13 CRIME PREVENTION OFFICER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Cooperate with the special operations lieutenant, patrol supervisors, patrol officers, planning officer, training officer, and the auxiliary coordinator to determine local crime prevention needs and methods of controlling crime. Evaluate crime patterns and institute crime prevention programs relative to specific crimes. Establish rapport with local community to implement innovative crime prevention programs tailored to specific needs. Act as liaison with private security directors of organizations within command and facilitate exchange of intelligence information with the business community. Coordinate “Zero Tolerance” and larceny reduction programs with retail establishments regarding shoplifting arrests. Keep commanding officer apprised of private sector initiatives, and progress of the ongoing Area Police Private Security Liaison (APPL) program. Conduct public education programs on crime prevention via various community group meetings. Give direction and guidance to cooperative neighborhood crime prevention undertakings. Inspect premises and make recommendations concerning physical security. Investigate selected crimes against property, evaluate current security measures and recommend new procedures to owners or residents. Investigate selected crimes against the person, interview victims and institute individual and community education programs to prevent recurrence. Refer complex cases which require special investigative effort to the Crime Prevention Section. Wear appropriate business attire when not performing duty in uniform. Inspect all COMPLAINT REPORTS (PD313-152) to identify crime victims under sixty years of age, who have been the subject of: a. Homicide, sex crime, robbery, assault, OR, b. Physically injured. Notification of rights to compensation for victims aged sixty years and over will be made by the New York City Department of the Aging. 15. Verify if member of the service preparing/investigating COMPLAINT REPORT involving a crime victim has complied with P.G. 207-08, “Preliminary Investigation of Complaints (Other than Vice or Narcotics Complaints).” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: REVISION NUMBER: PAGE: 202-26 CRIME PREVENTION OFFICER (continued) 2 of 2 16. 17. 18. 19. Notify crime victim/surviving relative by mailing a pamphlet/application through the Mail and Distribution Unit within five days of receipt of COMPLAINT REPORT. a. If requested, provide assistance to crime victim or relative in completing Application for Compensation form. Another available officer from Community Affairs or Domestic Violence should be designated to assist crime victim/relative in the absence of the crime prevention officer. b. Operations Coordinator will be responsible for maintaining the notification system in the absence of the Crime Prevention Officer. Maintain written records of the month’s activity of all notifications made and forward a report on Typed Letterhead, by the fifth of each month, to the patrol borough command concerned. a. Patrol borough commands will consolidate monthly reports and forward them, within three days, to Crime Victims Unit, Chief, Community Affairs. Administer VIN etching, CAT, HEAT, BAT, and similar programs. Function as the liaison between this Department and the Protective Services for Adults agency and Department of the Aging. a. Receive telephone inquiries, ensure appropriate response, if necessary, and convey the results to originating agency. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-27 PLANNING OFFICER DATE ISSUED: 08/01/13 PLANNING OFFICER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Perform duty in uniform, when practical, as member of the command administrative staff. Conduct planning activities of the command under the direction of the commanding officer. Maintain liaison with Operations Unit, and other planning officers. Maintain records and prepare reports relating to planning activities. Develop innovative plans in the areas of crime prevention, traffic, patrol and investigative techniques, community affairs and other operating functions of the command. Devise methods for measurement of performance. Conduct analysis of operations, including workload, functions, allocation and utilization of personnel and other resources. Make recommendations concerning use of available resources to achieve objectives. Study specific problems peculiar to the command, such as crime patterns and incidence, personnel activity, prisoners in a hospital, and method or type of patrol technique employed. Prepare projections of future resource requirements, make recommendations for revision of post or sector boundaries, and changes in allocation or utilization of patrol resources. Study and update existing disorder, disaster or other plans affecting the command. Identify need for new plans. Study and document changing conditions within the command and determine impact on police services. Make estimates of the command situation and provide the commander with information on how significant factors will affect the situation. Participate in development and/or evaluation of pilot projects. Develop local procedures to facilitate the introduction of new Department-wide procedures. Collect, collate, evaluate and then disseminate information within the command and with higher, lower and parallel commands. Represent commanding officer, when designated, at community meetings. Coordinate activities with the crime prevention officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-28 TRAFFIC SAFETY OFFICER DATE ISSUED: 08/19/13 TRAFFIC SAFETY OFFICER 1. 2. 3. 4. 5. 6. NOTE REVISION NUMBER: PAGE: 08/19/13 1 of 3 Serve on the precinct Traffic Safety Team and advise team members on traffic related issues and concerns. Review and analyze all Police Accident Reports (MV104AN). a. Note any deficiencies and bring to the attention of the precinct training sergeant. Provide to the desk officer for review a daily recapitulation of all collision numbers generated for a given command. Maintain a file of completed photocopied Police Accident Reports, by the month in which the collision occurs, for a minimum of one year, in a secure locked cabinet. Duplicate and forward collision reports, on a daily basis, to the Highway Unit concerned for collisions occurring on limited access highways. Duplicate and forward collision reports to other agencies (Department of Motor Vehicles, Taxi and Limousine Commission, etc.), when necessary. All duplicate Police Accident Reports for outside agencies will be placed in a white envelope, addressed appropriately (e.g., Office of the Comptroller, One Centre Street, New York, NY 10007, attn: CIF Department) and forwarded to the Mail and Distribution Unit. 7. NOTE DATE EFFECTIVE: Fax copy of all Police Accident Reports involving a “crossover” collision to the Corporation Counsel and the Highway District. A crossover collision is a motor vehicle collision occurring on a surface road or limited access highway where a motor vehicle strikes or crosses over any type of median (jersey barrier, guard rail, divider, fence, etc.) separating opposing traffic. 8. 9. 10. 11. 12. 13. 14. 15. 16. Analyze and process TRAFFIC INTELLIGENCE REPORTS (PD178-150). Forward TRAFFIC INTELLIGENCE REPORTS that cannot be addressed on the precinct level to the Patrol Borough Traffic Safety Coordinator. Query the Traffic Accident Management System (TAMS) for listing of collision prone locations. When necessary, identify collision-prone locations not listed in TAMS. Survey all collision-prone locations and determine contributing factors for each location. Recommend necessary engineering, enforcement and education strategies for collision reduction. Forward necessary enforcement information (days and hours collisions are occurring, contributing factors, e.g. weather conditions, etc.) to other units providing summons enforcement in the precinct, such as the Patrol Borough Task Force, Highway Units, Citywide Traffic Task Force, etc. Maintain a liaison with the city’s Department of Transportation regarding engineering recommendations. Issue appropriate summonses at collision-prone locations. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-28 TRAFFIC SAFETY OFFICER (continued) REVISION NUMBER: PAGE: 08/19/13 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 2 of 3 Maintain copies of construction permits, visit construction sites and issue summonses for permit violations. Count, record by category (e.g., red lights, improper turn, etc.), and process relevant summonses. Enter enforcement activity in TAMS and complete a Supplemental Enforcement Ratio Report, when necessary. Maintain and update the precinct Traffic Safety Plan and Emergency Plans “A”, “B” and “C”. Evaluate and monitor the precinct Pedestrian Safety Program. Attend patrol borough traffic safety meetings. Compile necessary statistical data for Trafficstat meetings and attend meeting with executive officer when precinct is scheduled for a presentation. At the direction of the commanding officer, attend community council and Safety Board meetings, as well as other public forums to discuss traffic safety. Coordinate activities with the Community Affairs Officer to reduce collisions involving children. Cooperate with the Precinct Planning Officer in matters concerning traffic safety. Coordinate traffic related training (radar, construction site enforcement, school crossing guards, etc.) with the training sergeant. Prepare and/or forward the following reports: a. Monthly TAMS Collision Prone Location Report, Precinct Enforcement Ratio Report and Enforcement Ratio Recap b. Supplemental Collision Prone Location Report and Enforcement Ratio Report, when necessary c. Traffic/Quality of Life Report d. Precinct Radar Program Report e. Pedestrian Safety Overtime Report f. Commuter Van Enforcement Report g. Tow Truck Collision Report h. Aggravated Unlicensed Operator Program Report. Review the HIGHWAY CONDITION RECORD (PD311-151) for conditions that require notification to, or follow-up with, other agencies (Department of Transportation, Parks, etc.) Prepare MISSING TRAFFIC CONTROL DEVICE REPORT (PD620-150) and forward to the appropriate Department of Transportation Borough Commissioner. Maintain and update the precinct’s traffic safety bulletin board to keep members current on collision-prone locations, school/church crossings and other traffic safety information. Serve on the Precinct Vehicle Collision Safety Review Board and process necessary reports. Review on a daily basis all summonses for moving violations and violations returnable to criminal court, and all Environmental Control Board Notices of Violation and Hearing. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-28 TRAFFIC SAFETY OFFICER (continued) PAGE: 08/19/13 a. b. c. NOTE REVISION NUMBER: 3 of 3 Identify those summonses/Notices issued to owners/operators of vehicles licensed or those owners/operators of vehicles that should be licensed by the New York City Taxi and Limousine Commission. Reproduce two photocopies of each summons/Notice, entering on the top of each photocopy the next respective sequential number from the “Report of Violation” log, and then forward one of the photocopies to the New York City Taxi and Limousine Commission. File remaining photocopy of summons/Notice in rear of “Report of Violation” log or command file. All Traffic Safety Officers MUST be familiar with the Procedural Manual For Traffic Safety Officers. The duties and responsibilities of the Traffic Safety Officer are substantial and are fundamental in establishing an effective traffic safety program. Commanding officers will not assign duties to the Traffic Safety Officer that are unrelated to traffic. In precincts that have a large number of collision prone locations, the assignment of an Assistant Traffic Safety Officer may be warranted. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-29 DOMESTIC VIOLENCE PREVENTION OFFICER DATE ISSUED: 08/01/13 DOMESTIC VIOLENCE PREVENTION OFFICER 1. 2. 3. 4. NOTE REVISION NUMBER: PAGE: 08/01/13 1 of 3 Perform duty in uniform, unless specifically authorized to do otherwise. a. Tours of duty will be set in accordance with command needs. Review New York State Domestic Incident Reports (DCJS-3221) for accuracy and completeness. a. Indicate verification by completing the “Reviewed by” caption on the Domestic Incident Report. b. Forward copy of Domestic Incident Report to precinct’s Domestic Violence Investigator. Review each tour’s SPRINT Resource Log and ensure that a Domestic Incident Report has been prepared for all assignments in which a 10-93F, 10-92F, or 10-90F radio code disposition was given. Maintain a command Domestic Incident Report Log to record each Domestic Incident Report, captioned as follows: PRECINCT SERIAL NO. 5. DATE EFFECTIVE: SPRINT NO. DATE OF REPORT VICTIM’S NAME Maintain a Domestic Incident Report file comprised of all Domestic Incident Reports prepared within the command, or forwarded from other commands. The original Domestic Incident Report (Domestic Violence Prevention Officer’s copy) and the first copy (Domestic Violence Investigator’s copy) will be filed in the command of occurrence. If the command of occurrence is other than complainant/victim’s resident precinct and a Report is prepared, a photocopy of that Report will be forwarded to the Domestic Violence Prevention Officer assigned to the complainant/ victim’s resident precinct. 6. 7. 8. Enter information obtained from all Domestic Incident Reports into the command’s Domestic Incident Report database, updating existing files as new information concerning a particular complainant or household becomes available. Identify and monitor those locations and victims (including all members of the household who may be at risk) requiring special attention by utilizing information obtained from all available sources. a. Enter all persons/families listed on the command High Propensity List (HPL) into the Domestic Incident Report (DIR) database utilizing the “Case Management” feature. b. Update the online HPL information during the first week of each month after conferring with the commanding officer. Maintain contact with complainants, i.e., telephone calls, letters, home visits, or interviews at the command, depending on the complainant’s needs and preferences. a. Use caution when attempting to contact victims so as not to alert the alleged offender of police intervention. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-29 REVISION NUMBER: PAGE: 08/01/13 2 of 3 NOTE In an effort to avoid compromising ongoing investigations, the Domestic Violence Prevention Officer will confer with the precinct detective squad or Special Victims Squad investigator concerned, before contacting victims whose open complaints have been referred to either squad. Prior to conducting a family/home visit, notify Communications by utilizing radio code “10-75F” and give the address, and if applicable, the apartment number of the visit. DOMESTIC VIOLENCE PREVENTION OFFICER (continued) 9. 10. 11. 12. 13. 14. NOTE Document any visits to domestic violence victim(s) and/or offender(s) where documented domestic violence has occurred as follows: a. If home visit was successful (i.e., contact was made with victim and/or offender), record the visit in Home Visit Log and complete DOMESTIC VIOLENCE HOME VISIT CHECKLIST (PD313-148). b. If home visit was unsuccessful (i.e., contact was not made with victim and/or offender), record visit in Home Visit Log. c. Submit completed DOMESTIC VIOLENCE HOME VISIT CHECKLIST to desk officer or immediate supervisor for review and signature. Maintain file of all completed DOMESTIC VIOLENCE HOME VISIT CHECKLISTS prepared within the command. Effect summary arrests in adherence with P.G. 208-36, “Family Offenses/Domestic Violence,” if during the course of a home visit, interview, etc., a wanted offender is present. a. Ensure that a computer warrant check on individuals identified on the Domestic Incident Report has been completed prior to conducting a home visit, interview, etc., and that results have been entered on the Domestic Incident Report. Relay information concerning victims or locations requiring special attention to other command personnel, including the Domestic Violence Investigator, community policing officers, youth officers, and sector officers. Furnish complainants/victims with information concerning their rights, particularly the Right of Election, providing explanation if necessary. a. Advise complainants/victims of the availability of Orders of Protection. Assist in the serving of Orders of Protection, when requested. The above responsibility addresses all Orders of Protection served between Family/Household - Expanded Definition members, NOT the temporary Orders of Protection from Family Court as outlined in P.G. 212-57, “Service Of Orders Of Protection By Uniformed Members Of The Service.” 15. Advise complainants of the availability of counseling, assistance, and shelter. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 202-29 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 DOMESTIC VIOLENCE HOME VISIT CHECKLISTS, are potential Rosario material, and must be maintained at the precinct of occurrence. If an arrest is effected, the arresting officer must ensure that the Assistant District Attorney is provided with a copy of the DOMESTIC VIOLENCE HOME VISIT CHECKLIST in regards to the incident. When requested, the domestic violence prevention officer will make the DOMESTIC VIOLENCE HOME VISIT CHECKLIST prepared regarding the incident available to an Assistant District Attorney. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-30 YOUTH OFFICER DATE ISSUED: 08/01/13 PRECINCT YOUTH OFFICER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Process and investigate JUVENILE REPORT SYSTEM WORKSHEETS (PD377-159A) prepared for youths residing in precinct. Maintain file of JUVENILE ARREST INVESTIGATION/ PROBATION INTAKE REPORTS (PD277-151). Contact parents and warn of truancy or other offenses committed by their children that resulted in a YOUTH REFERRAL (PD377-153) or JUVENILE REPORT SYSTEM WORKSHEET. Execute youthful offender warrants and institute court process when necessary. Coordinate, guide, develop and stimulate Police Athletic League and youth programs, in cooperation with neighborhood volunteers, including community and youth councils. Assist commanding officer in the development and review of School Security Plans, Summer Youth Security Plans and Safe Corridor Plans. Coordinate Summer Youth Work Program and assist/complement efforts of community affairs and crime prevention officers. Ensure witnesses and complainants appear as necessary in Family Court for cases involving violent youth. Follow up on ALL CRIMES, petty and serious, committed by youths. a. Attempt to involve petty offenders in positive youth groups. Coordinate intelligence, identify youth gangs and maintain youth gang file, including the names of known members, locations, colors, rivals, etc. Establish liaison with schools, Police Athletic League, DARE, local community groups, and social agencies, and make necessary presentations. Identify any locations frequented by truants and notify the borough truancy task force. Establish liaison and coordinate efforts with the borough truancy task force and Youth Services Section. Identify home conditions which contribute to youth violence. Provide essential information on youth violence/domestic violence to command personnel working on like cases. Work with the domestic violence prevention officer on cases involving child abuse. Visit schools and track statistics on violence in schools by conferring with school principals and school safety officers. Prepare YOUTH REFERRALS, REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154), GANG/GROUP INCIDENT REPORT (PD377-158), and/or JUVENILE REPORT SYSTEM WORKSHEET as necessary. Be familiar with current case law when conducting interviews and interrogations. Patrol, in uniform, at locations where youths congregate during school hours. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-30 PRECINCT YOUTH OFFICER (continued) REVISION NUMBER: PAGE: 08/01/13 21. 22. 23. 24. 25. 26. 2 of 2 Patrol, in uniform, areas frequented by youths during hours that school is not in session. Youth officers are responsible for the cleanliness, supply of reports and security of the juvenile interrogation room. Work in close coordination with the Youth Services Section to reach out to youths “at risk.” Serve as an information resource and advise command personnel, parents and community groups on youth matters. Assist in processing runaways, abused children and those youths requiring shelter, when necessary. Inspect all copies of REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT prepared or received in command and follow related P.G. 215-03, “Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-31 ARREST PROCESSING OFFICER DATE ISSUED: 08/01/13 ARREST PROCESSING OFFICER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Perform duty in uniform. Distribute arrest related forms and paperwork to arresting/assigned officer as appropriate (On Line Booking Worksheets, Desk Appearance Tickets, juvenile summons, etc.). Access and operate computer systems to check for warrant information. Access and operate OLBS computer system (PF1/PF3), for arrest number generation, when necessary. Operate “Livescan” fingerprinting machine in all cases that require a prisoner to be fingerprinted. Ensure prisoner(s) are photographed, as appropriate. Ensure command has adequate supply of all necessary arrest related forms, paperwork and equipment. Ensure all of the command’s arrest related computer systems are operational and properly maintained. a. Contact appropriate sources to advise that system(s) have failed and for instruction and/or repair. Assist desk officer in notifying uniformed member of the service when prompted by Assistant District Attorney of readiness for interview. Make inquiries with the District Attorney’s Office concerned on all unusual delays in complaint interviews/preparation. Review all completed arrest packets for accuracy and completeness. a. Ensure prompt delivery, as appropriate. Arrest processing officers will assist on all arrests that are processed within their command regardless of the arresting/assigned officer’s command, bureau or agency. In addition to the above duties and responsibilities, a command’s arrest processing officer will be responsible for all additional arrest related functions dictated by the needs of individual commands/patrol boroughs and as requested by their respective commanding officers. A member of the service will be with the prisoner at all times. If the arrest processing officer is with the prisoner and the arresting officer is NOT present, the arrest processing officer will request appropriate relief before leaving the prisoner to attend to other aspects of arrest processing. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-32 COMMUNITY AFFAIRS OFFICER DATE ISSUED: 08/01/13 COMMUNITY AFFAIRS OFFICER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Attend community council meetings and assist in stimulating and coordinating council activities. Forward monthly report of council meetings, programs and operations to Chief, Community Affairs through borough community affairs coordinator and Commanding Officer, Community Affairs/Crime Prevention Section. Establish personal contact with civic and community groups within the command and attend meetings as directed. Perform duties in relation to community council in addition to crime and delinquency prevention, as directed. a. Maintain liaison with community/youth council leadership. Act as liaison between the Community Council Executive Board and the commanding officer. Inform commanding officer and borough community affairs coordinator of all new and/or revised activities of unusual events and demonstrations. Maintain a close liaison with the management of facilities within commands where large events are held. Maintain an open constructive avenue of communication with other members of the service to allow for exchange of ideas and information regarding the community. Maintain daily contact with the community policing supervisor to combine efforts for attention to areas of sensitive complaints and the needs of the residents. Visit schools, houses of worship, hospitals and similar public institutions frequently. a. Confer with principals, rabbis, ministers, priests, administrators, etc., on delinquency and other youth related problems. Investigate incidents and conditions that may lead to intra/inter group community unrest. a. Respond to disorders, demonstrations, racial conflicts or other unusual conditions resulting in large groups on the street, as directed by the commanding officer or other ranking officer in charge. Assist commanding officer in: a. Keeping members of command informed of community affairs problems b. Developing and implementing community affairs programs. Assist training sergeant in developing related police/community affairs in-service training, including the use of guest speakers. Maintain liaison with command personnel assigned to administer the Youth Service and Crime Prevention Programs to ensure mutual cooperation and support. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-32 COMMUNITY AFFAIRS OFFICER (continued) REVISION NUMBER: PAGE: 08/01/13 15. 16. 17. 18. 19. 2 of 2 Perform other community affairs duties as directed by commanding officer or other competent authority. Wear appropriate business attire when not performing duty in uniform. Administer the Safe Return Program. Contact every nursing home and similar facility in the command to ensure that these facilities know about and are taking advantage of the Safe Return Program and to describe this program at community meetings, council meetings and every other appropriate forum they address. Review the Command Post Log for the names of special category persons who have been reported missing in the past and contact the families of, and/or the persons responsible for, persons with impaired memories and ascertain if they have registered with the Safe Return Program. a. Provide information about the program if they have not registered and encourage them to register. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-33 WARRANT OFFICER DATE ISSUED: 08/01/13 WARRANT OFFICER 1. 2. 3. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Perform duty in uniform, in command unless specifically authorized to do otherwise by competent authority. a. Perform tours of duty conducive to the apprehension of targeted fugitives, as determined by commanding officer. Pursue all misdemeanor and violation warrants forwarded to the command for individuals residing within command boundaries. Operate under the supervision of command special operations lieutenant and, as an integral member of the command special operations team, exchanging on a regular basis, information concerning wanted individuals with all team members (i.e., anti-crime, Street Narcotics Enforcement Unit, community policing, youth officer, domestic violence prevention officer, etc.). If wanted individual is the subject of an INVESTIGATION CARD (PD373-163), frequent exchange of information with detective squad concerned is necessary. a. 4. 5. NOTE Confer, if query of WOLF and WNAM/WNYS Systems reveals an on-going investigation, with borough and city-wide level investigative units, including precinct detective squad, Warrant Section borough squad, Cold Case Apprehension Squad, Juvenile Crime Squads, transit district and Homeless Outreach Unit concerned, so as NOT to impede ANY active felony investigation being conducted. Obtain New York City criminal arrest history via the BADS computer to ascertain subject's recent arrest activity, if any, and other available information. Establish and maintain a photograph file containing photos of wanted individuals believed to reside in, or frequent locations within, the command. a. Prepare flyers/cards with photos of wanted individuals for distribution to command personnel and uniformed members of the service from other commands (i.e., Organized Crime Control Bureau, etc.,) regularly operating within the command. When it is learned that a court has mandated the sealing and returning of an arrestee’s arrest photo, such photo will be immediately removed from the command photograph file and forwarded to the Latent Print Section, Tracking Unit for the eventual return to the arrestee. 6. Utilize all available databases to assist in the apprehension of wanted individuals, including the Warrant Master File, the Warrant Arrest Report Generator (WARG) System, the Warrant On Line File (WOLF) System, the Booking Arraignment Disposition System (BADS), the Computer Assisted Robbery System (CARS), and the Court Record Information Manager System (CRIMS). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-33 WARRANT OFFICER (continued) REVISION NUMBER: PAGE: 08/01/13 7. 8. 2 of 2 Process warrants received in accordance with P.G. 212-75, “Processing Warrants,” as well as all applicable provisions of the Penal Law and Criminal Procedure Law. Comply with the pertinent provisions of P.G. 208-42, “Arrest on a Warrant,” regarding re-arrest on a bench warrant, when a warrant has been executed and arrest is effected SOLELY on a bench warrant. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-34 COMMAND AUXILIARY POLICE COORDINATOR DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 COMMAND AUXILIARY POLICE COORDINATOR 1. NOTE Commanding officers concerned will make a concerted effort to ensure that the assignment of the command auxiliary police coordinator is a full time assignment. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Perform tours of duty that coincide with the tours of auxiliary police personnel, when possible. Assist commanding officer and special operations lieutenant in the command’s problem solving objectives by coordinating and maintaining a liaison with the crime prevention officer, community affairs officer, youth officer, planning officer and community policing coordinator. Coordinate all auxiliary police activities within command. Recruit new members into the Auxiliary Police Program continually by developing strategies with the Commanding Officer, Auxiliary Police Section and recruitment staff. Conduct mandatory “basic training” classes for new recruits twice a year with at least ten recruits. a. Schedule training for auxiliary personnel by contacting the Training Unit, Auxiliary Police Section. Identify and recommend to the special operations lieutenant suitable volunteer auxiliary police for the “Purchase of Alcohol to Minors” operation. Obtain shields and identification cards of members leaving the Auxiliary Police Program and process accordingly. Submit requests for recognition awards and promotion. a. Forward requests to Auxiliary Police Section through borough auxiliary police coordinator concerned. Ensure that hours performed by auxiliary police members are accurately recorded. a. Include monthly activity figures on required Auxiliary Police Section form and forward to the borough auxiliary police coordinator and Auxiliary Police Section. Interview, enroll and investigate new applicants to the program. a. Prepare initial/final packages b. Conduct confidential investigations, if necessary c. Report to Auxiliary Police Section three weeks after start of “basic training” course with initial package and immediately upon completion of the course with final package. Examine and verify all information submitted including proof of residence, employment, citizenship, etc. a. Must verify by written documentation that on-file applicant is a permanent resident or possesses a valid visa issued by Immigration and Naturalization Service. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-34 COMMAND AUXILIARY POLICE COORDINATOR (continued) PAGE: 08/01/13 12. 13. 14. 15. NOTE REVISION NUMBER: 2 of 3 Inspect auxiliary police officers at roll call, make assignments, and provide instruction on current orders, directives, bulletins, etc., issued by Commanding Officer, Auxiliary Police Section. Confer with the commanding officer, special operations lieutenant and planning officer to develop plans for optimum use of auxiliary police members in the event of an emergency. a. Ensure that auxiliary police mobilization plans are developed and tested by the command and all auxiliary police personnel are instructed on the provisions of the plans. Safeguard and maintain all equipment and supplies assigned for auxiliary police use. Inspect all portable radios and the reserve supply of bullet resistant vests assigned to command for auxiliary police use, when performing duty. a. Document inspection by listing serial numbers of portable radios and the reserve supply of bullet resistant vests assigned to the command for auxiliary police use in the Auxiliary Police Unit Command Loaner Vest/Radio Log and indicate if all property is present and accounted for. If a portable radio is lost or stolen immediately comply with P.G. 219-15, “Portable Radio Transceivers.” If any other Department property is lost or stolen immediately comply with P.G. 219-20, “Loss or Theft of Department Property.” The inspection and documentation of portable radios and the reserve supply of bullet resistant vests assigned to a command for auxiliary police use will be completed daily. In the absence of the command auxiliary police coordinator, the special operations lieutenant/platoon commander will designate an appropriate uniformed member of the service to complete the above step. 16. 17. 18. NOTE Develop innovative programs within Department guidelines to generate interest and enthusiasm in the program. Wear appropriate business attire when not performing duty in uniform. Create and maintain a “Command Auxiliary Reference Library” containing relevant materials to the Auxiliary Police Program (i.e., Patrol Guide, Auxiliary Police Guide, Training Manual, Department Bulletins, Directives, Personnel Orders, etc.) Commanding officer selects qualified uniformed member of the service for assignment as command police auxiliary coordinator but is not assigned as such until approved by the Commanding Officer, Auxiliary Police Section. Additionally, the commanding officer selects an alternate to perform the above duties when the command auxiliary police coordinator is not working. All borough and command auxiliary police coordinators are responsible for program management and will ensure adherence to the provisions of the Auxiliary Guide and all related directives, bulletins, orders, etc., published by the Commanding Officer, Auxiliary Police Section. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-34 ADDITIONAL DATA REVISION NUMBER: PAGE: 08/01/13 3 of 3 Each command auxiliary police coordinator will maintain an Auxiliary Police Unit Command Loaner Vest/Radio Log to ensure the integrity and safekeeping of all portable radios and the reserve supply of bullet resistant vests assigned to the command for auxiliary police use. The Auxiliary Police Unit Command Loaner Vest/Radio Log will contain captions across the top of each page, as follows: TIME / DATE SERIAL # OF VESTS/ RADIOS VEST/RADIO LOCATION INSPECTING MOS NEW YORK CITY POLICE DEPARTMENT SIGNATURE PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-35 COMMAND LAN MANAGER DATE ISSUED: 08/01/13 COMMAND LAN MANAGER 1. 2. 3. 4. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Responsible for the serviceability, proper care and use of all computer hardware and software assigned to the command. Monitor the daily operation of the Local Area Network and other computer related equipment. a. Make minor repairs, adjustment, etc., to such equipment. Contact the Management Information Systems Division, Help Desk, for required assistance and service. a. Submit a written report on Typed Letterhead, addressed to Management Information Systems Division, if service provided by contracted repair vendor does not resolve equipment problems in a timely manner. Inspect all computer equipment in command daily for cleanliness, orderly condition, accountability and operation. a. Inform desk officer of results of inspection. The desk officer shall record the results of the inspection in the Command Log. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Maintain a current inventory listing, including maintenance history, of all computer hardware and software. a. Advise Management Information Systems Division of any additions or deletions of hardware or software not directly received from or returned to Management Information Systems Division. Report to desk officer when reporting on or off-duty, and when leaving or returning to the command during the tour. Desk officer shall record same in the Command Log and on the roll call. Confer with commanding officer/detective squad commander on a regular basis. a. Provide assistance in computer related matters. Inform the commanding officer/detective squad commander of important matters related to area of responsibility. Cooperate with other commands and units in an effort to accomplish the mission of the command. Supervise performance of computer related activities within the command. a. Inform operations coordinator, principal administrative associate or detective squad commander of deficiencies or derelictions in the use or care of computer equipment and peripherals. Confer and assist other supervisors in preparing performance evaluations for those members assigned to the operation of computer equipment. Perform tours of duty as determined by the commanding officer. Provide assistance to other commands within the borough when their Command LAN Manager is not on duty. Maintain current knowledge of computer applications. Provide training and assistance to command personnel in the use of current and new computer applications accessible through the Local Area Network or mainframe network. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-35 COMMAND LAN MANAGER (continued) PAGE: 08/01/13 16. 17. 18. 19. 20. 21. 22. 23. NOTE REVISION NUMBER: 2 of 2 Develop and/or assist in developing procedures, records and operational controls for operation of computer systems within the command. Communicate new and/or modified computer related policy methods and procedures to staff and evaluate results. Attend supervisory staff/management team meetings. a. Conduct periodic staff meetings. Maintain and update LAN Guide as well as all related materials, books and manuals in command's computer resource library. a. Maintain updated LAN Guide and pertinent material for Command Reference Library. In accordance with the LAN Guide and other directives from the Management Information Systems Division: a. Establish and maintain network users, directories and security. b. Monitor and administer the network. c. Manage the file server and update the operating system as required. d. Set up and manage network printing. e. Establish the user environment. f. Maintain software applications, as required. g. Maintain a backup of all files, security, rights. h. Respond to the needs and questions of users relative to their access of resources on the network and the performance of their assigned duties. i. Train qualified members to act as backup managers. j. Remain abreast of changes in user and system software and hardware requirements. k. Keep system information in an orderly NetWare Log. l. Other matters as indicated in the LAN Guide. Ensure that unauthorized equipment (i.e., laptops, modems, personal computers, etc.,) are not attached to Local Area Network. Ensure that Local Area Network equipment is not altered in any way that would allow a workstation to utilize a floppy disk drive or local hard drive. Ensure that no unauthorized programs, software, etc., are utilized on Department computers. Local developed programs for use on the Local Area Network must be submitted to the Management Information Systems Division, through channels, for review and approval. If approved, Management Information Systems Division personnel will install the programs on the Local Area Network. 24. 25. Attend meetings and training sessions scheduled by the Commanding Officer, Management Information Systems Division. Perform other related assignments as directed by the commanding officer, or as requested by the detective squad commander. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-36 EVIDENCE/PROPERTY CONTROL SPECIALIST DATE ISSUED: 08/01/13 EVIDENCE/ PROPERTY CONTROL SPECIALIST 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Receives, invoices, releases, packages, and labels property and evidence, including, but not limited to, narcotics, U.S. and other currencies, securities, jewelry, etc. Performs intake functions, checks and examines property to ensure that it is in conformance with related documentation; searches for possible contraband, unaccountable items, or VIN numbers and other proof of identification. a. Assigns storage number location. Stores and safeguards invoiced property, properly identified for easy retrieval. Prepares property and pertinent documents necessary for transport; operates Department vehicles to transport all invoiced property to various Department locations, District Attorneys’ Offices, etc. Moves, loads, unloads all types of property from one location to another or to other building sites. Transports, delivers, deposits money for safekeeping to the appropriate bank facility; returns and logs bank receipts and invoices at appropriate command location. Receives, reviews and maintains invoices, records, logs and indexes pertaining to all property received. Secures and maintains storage area. a. Notify the desk officer of the number of PROPERTY CLERK INVOICES stored within the command in excess of thirty days. Uses computer to search for, enter or update information. Processes release of invoiced property. a. Determines identity of persons requesting release of property; verifies identification and proof of ownership; may fingerprint claimant, if necessary. Verifies the identity and authorization of personnel entering or leaving Department premises where property is stored. Cancels alarms; monitors alarm systems, security cameras and other security systems at assigned premises. Makes appropriate notifications, writes and dispatches communications and transmittal forms; orders necessary supplies. Responds to inquiries from the Public Administrator’s Office, District Attorneys’ Offices and other jurisdictions pertaining to the disposition of property of deceased individuals, criminal evidence and related matters. Performs all miscellaneous activities in connection with Rotation Tow operations in the absence of evidence and property related functions. a. Photocopy and forward PROPERTY CLERK INVOICE prepared for recovered stolen vehicles to Patrol Borough Pattern Identification Module by next business day. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-36 EVIDENCE/ PROPERTY CONTROL SPECIALIST (continued) REVISION NUMBER: PAGE: 08/01/13 16. 17. 2 of 2 Performs periodic inspection of, or schedules overall maintenance of vehicles assigned to property functions. Performs other clerical and/or administrative duties, as required. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-37 COMMAND CLERK DATE ISSUED: 08/01/13 COMMAND CLERK 1. 2. 3. 4. 5. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Assigned to post adjacent to desk officer. Perform clerical tasks as assigned by desk officer. Distribute Department mail. Bring to the attention of desk officer matters of importance or other conditions requiring attention. Input information in the On Line Complaint System (OLCS) and the On Line Aided and Accident Indexes as directed by the desk officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-38 TELEPHONE SWITCHBOARD OPERATOR DATE ISSUED: 08/01/13 TELEPHONE SWITCHBOARD OPERATOR 1. 2. 3. 4. 5. 6. 7. 8. 9. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Answer telephone promptly, stating in courteous manner, command, rank or title, surname, and “May I help you?” Process requests for service. Notify desk officer of all important messages. Maintain TELEPHONE DISPATCH LOG (PD112-143). Maintain duplicate copy of ROLL CALL (PD406-144). Maintain HIGHWAY CONDITION RECORD (PD311-151) and make related notifications. Maintain OUTGOING TOLL CALLS (PD112-142). Notify desk officer when a member required to signal fails to comply within a reasonable time. Maintain copy of “Frequent Telephone Inquiries.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-39 PATROLWAGON OPERATOR DATE ISSUED: 08/01/13 PATROLWAGON OPERATOR 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Report to supervisor concerned at beginning of tour and when relieved at end of tour. a. Obtain assignment and meal period from supervisor concerned at the beginning of tour. Keep the patrolwagon and equipment in clean, serviceable condition. Operate the patrolwagon in a safe manner and obey all traffic laws. Maintain the Patrolwagon Record in a plain Number 2 book. a. Enter name, time reporting for duty, time leaving and returning from meal and time relieved. Make entry of time leaving command on assignment, all stops made and time of return. Notify supervisor concerned when leaving and returning from calls and meals. Report necessary repairs to the commanding officer. Check rear and compartment doors for serviceability and security before and after loading prisoners. Remain available for service and in location known to supervisor concerned when not on assignment and render police assistance as required. Call the borough court section concerned from all stops on the way to court or other destination, upon arrival at and prior to departure from court or other destination. a. Notify borough court section concerned if prisoners are not ready to be transported within twenty minutes after arrival at location where prisoners are to be picked up. Search interior of patrolwagon for weapons or other contraband after delivering prisoners to court or other destination, and immediately notify ranking officer at the facility if contraband is discovered. Return transport chains used for restraining prisoners to location from where obtained. Perform duty in proper uniform. Pick up Department supplies and equipment after receiving clearance from borough court section concerned. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-40 POLICE ATTENDANT DATE ISSUED: 08/01/13 POLICE ATTENDANT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Assume control of, search (if applicable) and inspect prisoners. a. Ensure that property that is dangerous to life, may facilitate escape or may damage or deface other property is removed from prisoner. Examine doors of all occupied cells to ensure that they are locked. Enter inspection of prisoners on PRISONER ROSTER (PD244-145), and notify desk officer of inspection results immediately after reporting for duty. Remain inside cell block at all times while prisoners are confined therein, and be alert to conditions and needs of such prisoners. a. Relief personnel will remain within the cellblock during relief periods and ascertain that cell doors of all occupied cells are locked. Enter results of inspection of prisoners on PRISONER ROSTER every thirty minutes. Report to desk officer any physical condition or unusual need of prisoner in custody or in the detention area. Attend to the personal needs of prisoner, such as providing meals and other essentials. Keep quarters and detention cells clean and supplied with paper cups, toilet paper and paper towels. Visit female detention cells or female quarters as follows: a. When accompanied by female officer if attendant is male, and then, only with permission of supervisory officer in command, or b. In daily cleaning of female cells, or c. In an emergency. Keep command facility and abutting areaways, yards, and sidewalks clean and sanitary. Prevent rubbish or dust from accumulating in any part of the command. Report necessary command/detention area repairs to the commanding officer. Wash cells thoroughly, and test emergency alarms in the cellblock each day immediately after prisoners have been taken to court. Operate heating plant. Remove and safeguard firearms prior to entering detention cell area including facilities established during emergency arrest situations. (Supervisory officers are responsible that weapons of members assigned to temporary detention facilities are safeguarded.) Keep green lights at building entrance lighted from sunset to sunrise. Perform other duties as directed by desk officer. Perform clerical duties or other tasks relating to command operations if no prisoners are confined in cells. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Duties and Responsibilities Procedure No: 202-41 FIELD INTELLIGENCE OFFICER DATE ISSUED: 10/16/13 1. FIELD INTELLIGENCE OFFICER 2. 3. 4. 5. NOTE REVISION NUMBER: PAGE: 10/16/13 1 of 3 Perform only intelligence related duties as a field intelligence officer in assigned command. a. Sign Command Log at beginning and end of tour. b. Perform tour of duty, as directed by Commanding Officer, Criminal Intelligence Section. Perform duty in business attire, unless authorized by Commanding Officer, Criminal Intelligence Section. Enter intelligence from any source into Department Intelligence Database or COMPLAINT FOLLOW-UP (PD313-081) database, as appropriate. Act as a key component of the Intelligence Bureau by gathering and sharing intelligence information with all Department units (e.g., Organized Crime Control Bureau, Detective Bureau, Patrol Services Bureau, etc.). Develop information in support of borough level intelligence strategy. Intelligence information obtained from various sources provides input for the preparation of strategic targeting packages. 6. 7. 8. 9. NOTE DATE EFFECTIVE: Exchange information with other field intelligence officers, Intelligence Bureau units, Detective Bureau commands, Organized Crime Control Bureau commands, and other specialized units as appropriate regarding parolees, parole absconders, subjects of INVESTIGATION CARD (PD373-163), wanted persons and other matters germane to each command. a. Provide data, updates and pictures on these individuals, when obtained. Prepare weekly Intelligence Bureau Activity Report and submit it to Commanding Officer, Criminal Intelligence Section. Promote intelligence gathering by addressing roll calls and participating in detective and patrol training sessions. a. Stress the importance for members of the service to aggressively pursue and report any information that may be of intelligence value. Confer regularly with patrol officers, detectives, supervisors and unit specialty officers to obtain intelligence (i.e., School Safety, Youth, Community Affairs, SNEU). In particular, meetings with the School Safety Division on a regular basis can be an invaluable source of intelligence information about specific crimes and crime patterns in a precinct command and in the borough. 10. Review documents and reports for intelligence content; records include but are not limited to: a. COMPLAINT REPORT (PD313-152), including those recorded by OCCB. b. JUVENILE REPORT SYSTEM WORKSHEET(PD377-159A) c. COMPLAINT FOLLOW-UP (PD313-081) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-41 2 of 3 d. 11. 12. ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244159) e. UNUSUAL OCCURRENCE REPORT (PD370-152) f. DETECTIVE BUREAU UNUSUAL OCCURRENCE REPORT (PD370-151) g. STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) h. SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD313-147) i. NYS Domestic Incident Report (DCJS 3221) j. Arrests and complaint statistics, patterns and trends. k. Intelligence Bureau reports and worksheets Confer regularly with command crime analysts. a. Communicate information from crime analysis center, when appropriate. Attend local community meetings and other forums to obtain information of intelligence value. Field intelligence officers in adjoining commands should confer with each other on a regular basis to share intelligence information. 13. 14. 15. NOTE PAGE: 10/16/13 FIELD INTELLIGENCE OFFICER (continued) NOTE REVISION NUMBER: Access command computer databases for developing and verifying intelligence. Utilize Commanding Officer, Criminal Intelligence Section to access information from computer databases that are not available at command level. Document intelligence forwarded to investigative and enforcement units. a. Record follow-up action (i.e., investigation initiated, arrest effected, search warrant executed, etc.) The field intelligence officer will notify Commanding Officer, Criminal Intelligence Section prior to the execution of a search warrant, if possible, and will represent the Intelligence Bureau at the scene. Confidentiality will be maintained in order to ensure the safety of all members involved and the integrity of the investigation. 16. 17. 18. 19. 20. Utilize the secure e-mail system when practical for making notifications and inquiries to other field intelligence officers, and Intelligence Bureau. Advise and make recommendations to commanding officer, detective squad commander and precinct narcotics module supervisor on intelligence matters. Assist with registering confidential informants, and obtaining search warrants. Participate in command supervisory and crime strategy meetings. Conduct secondary debriefings of prisoners when circumstances indicate intelligence may be gained. a. Coordinate debriefings with Detective Bureau and OCCB personnel as appropriate. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 202-41 REVISION NUMBER: PAGE: 10/16/13 21. FIELD INTELLIGENCE 22. OFFICER (continued) 23. 24. 25. 26. 3 of 3 Develop command-specific debriefing questions in regard to specific crimes, crime patterns or trends. Provide command-specific questions to other Intelligence Bureau units, as appropriate, for their debriefings. Maintain a record of debriefings conducted that includes details on positive debriefings. Respond to major incidents in the field to provide assistance and gather timely information. a. Identify self to ranking patrol commander and investigator. b. Prepare COMPLAINT FOLLOW–UP and forward copy to Commanding Officer, Criminal Intelligence Section. Be present during the debriefing of SNEU arrests and all other arrests, when possible, to assist in the development of information regarding drug trafficking and any other crimes. Notify the Intelligence Bureau, Criminal Intelligence Section regarding all unusual incidents and significant occurrences. ADDITIONAL DATA The position of field intelligence officer may be assigned to a uniformed member of the service in the rank of sergeant, detective, or police officer. FORMS AND REPORTS INVESTIGATION CARD (PD373-163) COMPLAINT REPORT (PD313-152) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) COMPLAINT FOLLOW-UP (PD313-152) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) UNUSUAL OCCURRENCE REPORT (PD370-152) DETECTIVE BUREAU UNUSUAL OCCURRENCE REPORT (PD370-151) STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD313-147) NYS Domestic Incident Report (DCJS 3221) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-01 ORDER OF RANK DATE ISSUED: 08/01/13 ORDER OF RANK 1. 2. 3. 4. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 The order of rank in the police service is: a. Chief of Department b. Bureau Chief c. Assistant Chief d. Deputy Chief e. Inspector f. Deputy Inspector g. Captain h. Lieutenant i. Sergeant j. Police Officer/Detective Police Department Chaplains and Surgeons have the assimilated rank of Inspector. Seniority in rank among members appointed or promoted at the same time is determined by position on appointment or promotion list. At a police incident, the senior uniformed member, in R.M.P. assigned to incident or on foot patrol at the scene, will direct and coordinate police operations pending arrival of the supervisor. If R.M.P. assigned to incident is delayed and no uniformed member is assigned to foot patrol at the scene, the senior uniformed member first on the scene will take charge, pending the arrival of supervisor or assigned R.M.P. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-02 COURTESIES DATE ISSUED: 08/01/13 UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. 8. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Tender and return hand salute as prescribed by U.S. Army regulations. Salute: a. Police Commissioner or deputy commissioners in civilian clothes b. Supervisory officer in uniform c. United States flag as it passes d. Desk when entering command. Salute flag when national anthem is played. If flag not visible, face band, etc., and salute. Supervisory officers return salutes promptly. Salute is not required at large assemblages except when addressed by or addressing supervisory officer. Salute not required if it interferes with police duty. Remove hat and stand at attention in office of Police Commissioner, deputy commissioner or member above rank of lieutenant. Order “Attention” when member above rank of captain enters room unless otherwise directed. Place U.S. flag at half-staff as indicated below, when a uniformed member of the service dies: a. Lieutenant, sergeant, police officer - on Department building where assigned on day of funeral b. Captain - on Department building where assigned from time of death to sunset, day of funeral c. Deputy inspectors or inspectors - on Department buildings within his/her command from time of death to sunset, day of funeral; flag at Police Headquarters will fly at half-mast on day of funeral. d. Member killed in line of duty - on Department building where member assigned from time of death to ten days after the funeral; flags will fly at half-mast on all Department buildings from time of death until day after the funeral. e. Other members, Police Commissioner or a deputy commissioner as directed by the Police Commissioner or Chief of Department. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-03 COMPLIANCE WITH ORDERS DATE ISSUED: 08/01/13 COMPLIANCE WITH ORDERS 1. 2. 3. 4. 5. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Be familiar with contents of Patrol Guide and revise as directed. Obey lawful orders and instructions of supervising officers. Be punctual when reporting for duty. Be governed by orders affecting another rank when temporarily assigned to perform the duties of that rank, except as otherwise indicated. Maintain a current New York State driver’s license and notify commanding officer, with pertinent details, when license is suspended, revoked or not renewed. All uniformed members of this Department are required to have a valid driver’s license as a condition of employment. Civilian members who are authorized to operate Department vehicles also must have a valid driver’s license. The Department of Motor Vehicles will send a weekly printout of the names of Department members with a suspended, revoked, or expired driver’s license directly to the Internal Affairs Bureau. The Internal Affairs Bureau will assign a log number and assess the allegations in accordance with Internal Affairs Bureau procedures. If appropriate, a copy will be faxed directly to a concerned member’s commanding officer. Upon notification by the Internal Affairs Bureau, the commanding officer of any member of the Department, uniformed or civilian, who is deemed to have a suspended, revoked, or expired New York State driver’s license, will not permit that member to operate any Department vehicle until the member proves that such revocation, suspension, or expiration is erroneous or has been resolved. The commanding officer will submit a report to Internal Affairs Bureau’s Records Section indicating the results of the investigation of this matter and the current status of the member’s driver’s license. Commanding officers will ensure that, in addition to a visual inspection of uniformed members drivers licenses, at each semi-annual uniform inspection as described in A.G. 305-06, “Inspection of Uniforms:” a. A Department of Motor Vehicles inquiry is made utilizing the FINEST System for each uniformed member of the service, and b. A warrant check, using the WINQ and WNAM formats, is also conducted for each uniformed member of the service. Commanding officers will ensure that during January and July of each year, civilian members of the service authorized to operate Department vehicles present valid New York State driver licenses. In addition, commanding officers concerned will ensure that an inquiry and warrant check, as performed for uniformed members of the service, is conducted for all civilian members assigned to the command. 6. 7. Keep Department locker neat, clean and secured with combination lock (without identifying serial number) that conforms to Equipment Section specifications. Affix to front of assigned locker, Department stickers PROPER TACTICS SAVE LIVES (PD642-110) and POLICE DON’T MOVE (PD672-133) with rank, name, shield and squad number captions filled in. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-03 COMPLIANCE WITH ORDERS (continued) REVISION NUMBER: PAGE: 08/01/13 8. 9. 10. 11. 2 of 2 Affix to the inside portion of the door, of assigned locker, in a conspicuous manner, GUN SAFETY (PD420-110), COPE (PD142-121) and SEATBELT (PD642-130) stickers. Request new Department locker stickers from operations coordinator, as needed. Apply for interview with Police Commissioner in writing (include squad or chart numbers), ONLY when action or relief cannot be obtained by other means. Cooperate with supervisor, regardless of rank, who has been dispatched by competent authority (e.g., Commanding Officer, Medical Division, Internal Affairs Group, precinct commanding officer or duty captain, etc.) to visit member on sick report, and directs such member to comply with lawful order/instruction (e.g., appear in court, Trial Room, in front of an investigatory unit, etc.). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-04 FITNESS FOR DUTY DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 3 FITNESS FOR DUTY 1. 2. Be fit for duty at all times, except when on sick report. Do not consume intoxicants to the extent that member becomes unfit for duty. ADDITIONAL DATA All members of the service are required to remain fit for duty as specified above, and are reminded of their absolute responsibility to remain fit for duty while in possession of their firearms. Any misconduct involving a member’s misuse of a firearm while unfit for duty due to excessive consumption of, and intoxication from, alcohol will result in that member’s termination from the Department. Exceptional cases will be determined by the Police Commissioner, on a case by case basis. Furthermore, any misconduct involving members who are found to be unfit for duty due to excessive consumption and intoxication from alcohol, while armed with a firearm, will result in the inclusion of the charge of “Unfit For Duty While Armed,” in Departmental disciplinary proceedings. In addition to those penalties imposed as a result of all other charges stemming from the misconduct, strict punitive sanctions will be imposed for any member upon whom the charge has been substantiated. Additionally, a uniformed member of the service who refuses to submit to chemical testing in connection with an alleged violation of section 1192 of the New York State Vehicle and Traffic Law (Driving While Intoxicated) will be charged with violating Patrol Guide procedure 203-10, page 1, step 5, “Engaging in conduct prejudicial to the good order, efficiency, or discipline of the Department.” Members of the service are also reminded of the Department’s commitment to the many counseling and assistance programs available for a wide variety of problems. Members who are experiencing problems related to alcohol, or know of any other member who may be experiencing problems related to alcohol, are strongly encouraged to call HELPLINE, in order to achieve confidential assistance. DEPARTMENT POLICY STATEMENT CONCERNING THE OPERATION OF A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL i. Patrol Guide procedure 203-04, “Fitness For Duty” mandates the following: a. b. Be fit for duty at all times, except when on sick report. Do not consume intoxicants to the extent that member becomes unfit for duty. Consistent with the above, any uniformed member of the service who causes serious physical injury to another person while operating a motor vehicle and is determined to be unfit for duty due to the consumption of alcohol will be terminated from the New York City Police Department, absent exigent circumstances. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 203-04 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 3 ii. Any negotiated penalty in a Department disciplinary proceeding, involving a uniformed member of the service who is determined to have been operating a motor vehicle while unfit for duty due to the consumption of and/or intoxication from alcohol shall include a period of Dismissal Probation. Additionally, uniformed members of the service involved in incidents either on or off duty where alcohol is deemed a contributing factor, and where pursuant to a negotiated penalty in a Department disciplinary proceeding are required to submit to ordered breath testing, the negotiated penalty may also include a period of Dismissal Probation. Further, any such negotiation shall include the subject officer’s agreement to submit to ordered breath testing for the presence of alcohol while on duty or off duty, during the period of probation, or other agreed upon time period. Should the member be found unfit for duty or refuse to submit to breath testing, this will result in additional disciplinary action against the subject officer which may include termination. iii. Members of the service whose alcohol consumption has caused problems for them or others are urged to self-report before they are responsible for a serious incident and the above disciplinary action becomes necessary. They can do so in complete confidence by calling the Counseling Services Unit. Additionally, members who are experiencing problems related to alcohol, are strongly encouraged to call HELPLINE or the Police Organization Providing Peer Assistance, (POPPA). POPPA is a joint labor-management cooperative effort involving the implementation of a unionoperated, alternative employee assistance program. Both HELPLINE and POPPA offer confidential services. iv. Members of the service with alcohol-related problems may also be referred to the Counseling Services Unit by supervisors, other Department units, or as the result of an alcohol related incident. However, the Department’s objective, at all levels, is early detection and referral of personnel for evaluation and treatment before drinking causes problems in work performance or worse. v. The Counseling Services Unit maintains strict standards of confidentiality as set forth in Title 42 of Federal guidelines governing alcoholism programs, and it does not act as part of the Department’s disciplinary system. The Counseling Services Unit’s mission is to assist in recovery and return to full and productive service those members of the Department who are experiencing problems with alcohol. The unit operates 24 hours a day, seven days a week, and will help assess the extent of the problem, and make the appropriate referrals for treatment. Treatment can range from detoxification and inpatient rehabilitation to outpatient rehabilitation and the participation in self-support groups. Counseling is available to members of the service, their families and retirees. vi. The Police Department’s policy is to encourage members of the service to seek help in a supportive, confidential environment before the consequences of alcohol abuse require the Department to take disciplinary action. In addition, to assist those members of the service experiencing alcohol related problems, all New York City Police Department personnel are encouraged to refer those with problems to any of the counseling/assistance providers indicated in number “iii” of this procedure. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 203-04 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 vii. Members participating in these programs will not jeopardize their promotional opportunities. In addition, their current assignments will not ordinarily be changed because of their participation in these programs unless, due to the nature of the assignment, a change is deemed to be in the best interests of all parties concerned. However, participation in these programs will not exempt a member of the service from disciplinary action for specific acts of misconduct and the consequences of such disciplinary action. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-05 PERFORMANCE ON DUTY - GENERAL DATE ISSUED: 09/11/13 PERFORMANCE ON DUTY 1. 2. 3. 4. 5. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/11/13 1 of 2 Perform all duties as directed by competent authority. Remain on post until properly relieved, except for police necessity, personal necessity or meal period. a. Notify telephone switchboard operator and, if possible, make entry in ACTIVITY LOG (PD112-145) before leaving post. b. Make entry upon return to post and notify telephone switchboard operator. Take meal period in police facility, a bona fide restaurant or Department vehicle. Make accurate, concise entries in Department records in chronological order, without delay, using BLACK ink. Sign Department reports or forms with full first name, middle initial and surname. a. Print and write legibly. b. Utilize shield and tax registry numbers as required. Civilian members of the service (e.g., school safety agent supervisors) as well as uniformed members of the service (e.g., rank of lieutenant and above) who do not possess a shield number are required to utilize their tax registry number instead as an additional means of identification on Department forms. The use of the tax registry number by these members is mandated even when there is no specific caption calling for it. For example, supervisors in the rank of lieutenant and above will enter their tax registry number in the “Shield No.” caption at the bottom of the PROPERTY CLERK INVOICE (PD521-141) after witnessing and verifying the packaging of evidence/property/currency. Entry of the tax registry number will also apply to any other Department form currently in use. 6. 7. 8. 9. 10. Make corrections on Department records by drawing an ink line through incorrect matter. Enter correction immediately above and initial change. Use numerals when entering dates on Department forms, e.g., 1/5/79. Use abbreviation “Do” for ditto. Start serial numbers with one at beginning of each year for official forms or reports, unless otherwise specified. In the absence of supervisory presence or direction, a member may wear dual purpose disorder control/scooter helmet at own discretion if it is believed that safety is endangered or conditions warrant. In all supervised situations, the ranking member on the scene will determine in the first instance if helmets are to be worn or removed except in emergencies, such as those situations where the member reasonably believes that there is a substantial and specific imminent threat to the safety of the member. Members of the service shall have the discretion to carry their helmets on their duty belts, or to secure the helmet within sight and sound of the scene (e.g., in a vehicle, premises, or with another member of the service), to be deployed as circumstances warrant. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-05 PAGE: 09/11/13 PERFORMANCE ON DUTY (continued) 11. 12. 13. 14. 15. NOTE REVISION NUMBER: 2 of 2 The following guidelines regarding the wearing/carrying of helmets will apply: a. Any member operating a motor scooter must wear a helmet (face shield is also required when operating two-wheel scooter) b. A member must wear or carry helmet when specifically directed to do so c. Members performing Radio Motor Patrol in uniform will keep helmets in the vehicle trunk for use if needed d. All other members shall keep their helmets in their lockers where they will be readily accessible. Answer telephone promptly, stating in a courteous manner, command, rank or title, surname, and “May I help you?” Be responsible for humane treatment and safekeeping of prisoners in custody or detained in Department facility over which member has supervision. Maintain Department property issued or assigned for use in serviceable condition. Deliver recovered property, property removed from a prisoner, or property removed from an emotionally disturbed, intoxicated or incapacitated person, to the desk officer of the precinct where obtained unless otherwise directed. Announce presence before entering a locker room, dormitory, lavatory, utilized by members of the opposite sex, except in an emergency. In addition, be accompanied by member of said opposite sex, if practicable. In complying with the regulation above, desk officers concerned will make an entry in Command Log indicating time/date of member(s) of the service utilizing dormitory and reason, and will inform inspecting officers if dormitory is being used prior to conducting inspection. Additionally, inspecting officers will peruse the Interrupted Patrol Log, etc., to ascertain who is authorized in facility prior to conducting inspection. 16. 17. Operate Department vehicles only when assigned and only when Department qualified to operate such vehicle. Use Department radio for field communications except under limited circumstances. a. Department and personal cellular phones may be used for field communications when content of the communication is not appropriate for radio transmission due to length or subject matter (e.g., detailed information about incident, personal information, names of persons, notifications, etc.). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-06 PERFORMANCE ON DUTY – PROHIBITED CONDUCT DATE ISSUED: 08/01/13 PERFORMANCE 1. ON DUTY – PROHIBITED CONDUCT 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Consuming any amount of intoxicants while on duty whether in uniform or civilian clothes. a. Member assigned to duty in civilian clothes may be granted permission by the bureau chief/counterpart concerned based upon the nature of the member’s assignment. Consuming intoxicants while in uniform whether on or off duty. Bringing or permitting an intoxicant to be brought into a Department building, facility, booth, boat, or vehicle, except in performance of police duty. Entering premises serving intoxicants, except for meal or performance of duty. Carrying a package, umbrella, cane, etc., while in uniform, except in performance of duty. Recommending use of particular business, professional or commercial service to anyone except when transacting personal affairs. Steering business, professional or commercial persons to a prospective client requiring such services except when transacting personal affairs. Consenting to payment by anyone to regain lost or stolen property or advising such payment, except towing fees as provided by law for recovered stolen vehicles. Riding in any vehicle, other than a Department vehicle to which assigned, while in uniform, except when authorized or in an emergency (sergeants and police officers only). Using Department logo unless authorized by Police Commissioner. Wearing any item of apparel which contains a Department logo or shield, or in any way identifies its wearer with the New York City Police Department, unless approved by the Uniform and Equipment Review Committee, prior to being worn by a member of the service, uniformed or civilian, on or off duty. a. This prohibition extends to the use of the Department logo or shield in artistic or mural form, in caricature or cartoon-like representation, or on such items that include, but are not limited to: (1) Pins (2) Jewelry (3) Hats (4) Mugs (5) Clothing items (6) Patches (7) Writing implements (8) Challenge coins (9) Department property (walls, muster room entryway, watercraft, etc.) (10) Any other adornment or curio. Engaging in card games or other games of chance in a Department facility. Engaging in illegal gambling anywhere except in performance of duty. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-06 PAGE: 08/01/13 PERFORMANCE 14. ON DUTY – 15. PROHIBITED CONDUCT 16. (continued) 17. NOTE REVISION NUMBER: 2 of 2 Having any person make a request or recommendation that affects the duties of any member of the service, except as provided by Department procedures. Engaging in conduct defined as discriminatory in P.G. 205-36, “Employment Discrimination,” “SCOPE” statement. Using Department letterhead, personnel, equipment, resources, or supplies for any non-Department purpose or non-city purpose. Using any electronic/digital device (e.g., personal gaming device, MP3 player, personal digital assistant, Bluetooth headset, etc.) while on duty. A cellular phone is authorized to be used by members of the service when conducting official Department related business, or on an assigned meal, or as otherwise authorized by competent authority. The cellular phone must be carried in a concealed manner that does not interfere with authorized equipment. 18. 19. 20. Manipulating manually or electronically, transmitting in any form, or distributing any official Department recorded media or recorded media coming into possession of the Department as evidence or for investigative purposes except as authorized for official Department business. Recorded media includes videotapes, photographic images or pictures, audio recordings, electronic or internet files or any like forms to be available in the future. Wearing, carrying, or using an unauthorized portable radio while on duty. Making an unauthorized radio transmission. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-07 PERFORMANCE ON DUTY-PERSONAL APPEARANCE DATE ISSUED: 08/01/13 PERFORMANCE 1. 2. ON DUTY – PERSONAL 3. APPEARANCE 4. NOTE REVISION NUMBER: PAGE: 08/01/13 1 of 4 Be neat and clean. Keep uniforms clean, well pressed, and in good repair. Shoes must be shined and will not display a clearly visible company name or logo. Keep uniform securely buttoned. a. When the short-sleeved shirt is worn, the collar button may be left unbuttoned but all other buttons shall be fastened. Wear cap squarely on head, with center of visor directly over nose. a. No hair is to show beneath the visor of the cap. b. Cap must be worn when members are assigned to foot patrol, traffic posts, or details. c. Members riding in Department vehicles may remove the cap while in the vehicle. d. Police officers and detectives assigned to subway patrol duties in uniform have the option of wearing the cap during the period of June 1 to October 1. At all other times, the uniform cap must be worn except where there are exigent circumstances. When the exigent circumstances have stabilized, the cap must be worn. 5. NOTE DATE EFFECTIVE: Prevent non-uniform articles from showing above uniform collar. a. When the short-sleeve shirt is worn, undershirts, neck chains, or other non-uniform articles shall not be visible within the open collar or below the sleeve ends of the shirt. b. Shirt sleeves may not be rolled up. Members of the service who are hired on or after January 1, 2007, must cover any visible tattoos by either regulation uniform, proper business attire, or a neutral colored skin covering such as a sports wrap or bandage. Such covering must resemble the skin tone of the member and must cover the entire tattoo. This includes but is not limited to any tattoo visible above the shirt collar, below the sleeve ends of any shirt, or on a visible area of the leg, ankle or foot. A limited exception may be granted by the member’s commanding officer in writing due to the nature of the member’s assignment. Such approval must be filed in the member’s personnel folder. 6. Wear hair so that it is neatly groomed. a. All regulations regarding the appearance of members’ hair apply equally to male and female uniformed members of the service. b. When a member is in uniform, regardless of whether or not the uniform cap is required, hair will not be worn so that it falls over the eyebrows or reaches the collar. Ponytails are strictly prohibited while in uniform. c. When the uniform cap is required, long hair must be securely gathered and placed under the uniform cap without the use of a ponytail. The hairstyle must allow for the cap to be placed squarely on the head, without visible bulk. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-07 PAGE: 08/01/13 PERFORMANCE ON DUTY – PERSONAL 7. APPEARANCE (continued) 8. 9. 10. NOTE REVISION NUMBER: 2 of 4 d. The length and bulk of the hair should not interfere with the wearing of any uniform headgear, including emergency equipment. Necessary hair holding devices (such as but not limited to rubber bands, clips, barrettes, pins), when used, must be unadorned and plain, and be transparent or similar to the color of the hair. All such devices must be unobtrusive, and concealed as much as possible. Hair scarves, beads, bows, large and decorative fabric-covered elastic bands, large plastic clips, or other ornamental items are prohibited. Keep sideburns closely trimmed and not extending below bottom of earlobe. Have mustache neatly trimmed, not extending beyond, nor drooping below corners of mouth. Do not grow a beard except under the following circumstances: a. When required because of a medical condition, a beard may be grown with written approval of the Police Surgeon concerned and the Commanding Officer, Medical Division. (Copy of written approval will be in possession of member of the service whenever in uniform.) b. When approved, in writing, by member’s commanding officer because of nature of member’s assignment. (Copy of written approval will be in possession of member of the service whenever in uniform.) c. When required because of religious accommodation and with written approval of the Deputy Commissioner, Equal Employment Opportunity. (Copy of written approval will be in the possession of member of the service whenever in uniform.) d. When assigned to perform duty in uniform, members granted the aforementioned exceptions will conform, to the extent possible, to provisions of this procedure. Approval to grow a beard for a medical condition or religious accommodation does not grant a member permission to grow goatees, designer beards, or “chin strap” beards, all of which are strictly prohibited. 11. 12. Do not wear ornaments or jewelry visible on the head, neck, or wrist while performing duty in uniform. Prohibited ornaments include, but are not limited to earrings, necklaces, neck chains, bracelets, and body piercing. a. Medical alert bracelets may be worn visibly. b. Watchbands must be a conservative color, such as navy, black, brown, yellow metal, white metal, or similar colors. c. Rings may be worn if they are generally smooth, and not likely to catch on other objects. Rings with jagged edges, raised stones, etc., are not permitted. Keep fingernails neatly trimmed and extending no more than ¼ inch from the fingertip. a. Nail polish may be worn only if it is clear, or of a natural, conservative color. b. Any designs or decorations on nails are prohibited. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-07 REVISION NUMBER: PAGE: 08/01/13 PERFORMANCE 13. ON DUTY – 14. PERSONAL APPEARANCE 15. (continued) 16. 3 of 4 Only those cosmetics which are of conservative color and amount shall be permitted. Eyewear will be of conservative style and color. No neon or brightly colored frames may be worn. Eyeglass straps may be worn, but must be black. While in uniform in public view, do not chew gum, use tobacco in any form, or hold toothpicks in the mouth. When authorized to perform duty in civilian clothing, wear attire appropriate for assignment. PROPER UNIFORM AND APPEARANCE FOR UNIFORMED MEMBERS OF THE SERVICE REPORTING FOR PROMOTION ADDITIONAL DATA Newly promoted members must set an example for subordinates and should demonstrate this at each promotion ceremony they attend. To ensure observance of uniform regulations at promotion ceremonies, the promotee’s current commanding officer/designated supervisor will inspect promotee prior to the promotion ceremony. The results of this inspection will be recorded on a “Uniform Promotion Checklist” (see Appendix “A”). Promotees will submit the signed checklist to a member of the Personnel Bureau on the day of their scheduled promotion. PROMOTION CANDIDATES MUST APPEAR FOR PROMOTION WITH THE COMPLETED CHECKLIST. The attached Appendix “A” may be photocopied for member’s use. Promotees will be inspected prior to the ceremony by Personnel Bureau representatives on the day of their scheduled promotion. ANY MEMBER NOT PROPERLY GROOMED OR ATTIRED ACCORDING TO DEPARTMENT REGULATIONS WILL NOT BE PROMOTED UNTIL THE MEMBER IS IN COMPLIANCE WITH THESE REGULATIONS. All members being promoted are required to have a uniform inspection performed as soon as they are notified of the promotion. The member’s current commanding officer will immediately conduct a uniform inspection, using the “Uniform Inspection Checklist.” The promotee will present the completed “Uniform Inspection Checklist” to the Commanding Officer, Leadership Training Section, when assigned to the leadership training course. Once the immediate uniform inspections are completed by the current Commanding Officer, the Commanding Officer, Leadership Training Section will assume responsibility for conducting a second uniform inspection a day or two prior to promotion. RELATED PROCEDURES General Uniform Regulations (P.G. 204-01) Uniform Classifications (P.G. 204-02) Uniforms (P.G. 204-03) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-07 REVISION NUMBER: PAGE: 08/01/13 4 of 4 Appendix “A” Uniform Promotion Checklist - Inspection of Promotion Candidate by Commanding Officer The supervisor completing this checklist will be held accountable for uniform or appearance indiscretions noted on the day of promotion. Commanding officers or designated supervisors completing this checklist should review candidate’s compliance with each uniform or appearance item. The commanding officer/designated supervisor should mark each item as Pass or Fail in the respective box, complete the captions below, and sign where indicated. The member concerned will be advised of deficiencies to be corrected prior to promotion. Uniform / Appearance Item P/F Regulation black high-gloss, lace-type Oxford shoes. Summer blouse, properly fitted. - Neither excessively loose nor stretched taut. - Sleeves come to a point midway between wrist and thumb when arm is at side. Regulation eight-point cap in good condition - Wear cap squarely on head, with center of visor directly over the nose. - No hair is to show beneath the visor of the cap. Regulation long sleeve shirt, properly fitted. Command insignia or designated rank (collar brass) must be worn on the uniform shirt and summer blouse. Regulation tie (in good condition). Regulation dress trousers, properly fitted (no duty trousers); not stretched taut. White gloves. Hair to be properly cut, trimmed, worn off the collar and neatly groomed conforming to the shape of the head. Ponytails are strictly prohibited. No earrings (both males and females). No personal adornment or unauthorized modification of the uniform (i.e. fraternal pins, etc.). Members assigned to Highway and Mounted Units are permitted to wear boots and britches. Under no circumstance will a member of the service appear in uniform with a beard, long hair, or mustache extending below the corner of the mouth (except as authorized by the Chief Surgeon or Deputy Commissioner, Equal Employment Opportunity). Documentation must be attached to this form, if applicable. Name/Tax # of Member Inspected (Print) Name/Tax # of inspecting C.O./Supervisor (Print) Signature of inspecting C.O./Supervisor NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-08 MAKING FALSE STATEMENTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PROHIBITED CONDUCT 1. Intentionally making a false official statement. NOTE The intentional making of a false official statement is prohibited, and will be subject to disciplinary action, up to and including dismissal. Intentionally making a false official statement regarding a material matter will result in dismissal from the Department, absent exceptional circumstances. Exceptional circumstances will be determined by the Police Commissioner on a case by case basis. Examples of circumstances in which false statements may arise include, but are not limited to, lying under oath during a civil, administrative, or criminal proceeding or in a sworn document; lying during an official Department interview conducted pursuant to Patrol Guide 206-13, “Interrogation of Members of the Service” or an interview pursuant to Patrol Guide 211-14, “Investigations by Civilian Complaint Review Board;” and lying in an official Department document or report. The Department will not bring false official statement charges in situations where, as opposed to creating a false description of events, the member of the Department merely pleads not guilty in a criminal matter, or merely denies a civil claim or an administrative charge of misconduct. RELATED PROCEDURES Interrogation of Members of the Service (P.G. 206-13) Investigations by Civilian Complaint Review Board (P.G. 211-14) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-09 PUBLIC CONTACT - GENERAL DATE ISSUED: 08/01/13 PUBLIC CONTACT 1. 2. 3. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 Courteously and clearly state your rank, name, shield number and command, or otherwise provide them, to anyone who requests you to do so. Allow the person ample time to note this information. Be courteous and respectful. Avoid conflict with Department policy when lecturing, giving speeches or submitting articles for publication. Questions concerning fees received will be resolved by Chief of Personnel. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-10 PUBLIC CONTACT - PROHIBITED CONDUCT DATE ISSUED: 08/01/13 PUBLIC CONTACT – PROHIBITED CONDUCT 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 Using discourteous or disrespectful remarks regarding another person’s ethnicity, race, religion, gender, gender identity/expression, sexual orientation, or disability. a. Members shall address the public using pronouns, titles of respect, and preferred name appropriate to the individual’s gender identity/expression as expressed by the individual. The term “gender” shall include actual or perceived sex and shall also include a person’s gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, selfimage, appearance, behavior, or expression is different from that traditionally associated with the legal sex assigned to that person at birth. Knowingly associate with any person or organization: a. Advocating hatred, oppression, or prejudice based on race, religion, gender, gender identity/expression, sexual orientation, or disability. b. Disseminating defamatory material. c. Reasonably believed to be engaged in, likely to engage in, or to have engaged in criminal activities. d. Preventing or interfering with performance of police duty. Divulging or discussing official Department business, except as authorized. Manipulating manually or electronically, transmitting in any form, or distributing any official Department recorded media or recorded media coming into possession of the Department as evidence or for investigative purposes except as authorized for official Department business. Recorded media includes videotapes, photographic images or pictures, audio recordings, electronic or internet files, or any like forms to be available in the future. Engaging in conduct prejudicial to good order, efficiency, or discipline of the Department. Making recommendation for or concerning any person or premises to any government agency in connection with issuance, revocation, or suspension of any license or permit, except when required in performance of duty. Soliciting, collecting, or receiving money for any political fund, club, association, society, or committee. Joining any political club within the precinct to which assigned. Being a candidate for election to, or serving as member of a School Board, if School District is located within City of New York (see Section 2103-a, Education Law). While on duty or in uniform, endorsing political candidates or publicly expressing personal views and opinions concerning the merits of: a. Any political party or candidate for public office; NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-10 PUBLIC CONTACT – PROHIBITED CONDUCT (continued) REVISION NUMBER: PAGE: 08/01/13 b. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2 of 3 Any public policy matter or legislation pending before any government body; or c. Any matter to be decided by a public election, except with the permission of the Police Commissioner. Having an interest in or association with premises engaged in illegal gambling operations, smoke shops, after hours clubs, or similar illegal activities, except in performance of duty. Patronizing unlicensed premises (social clubs, after hours clubs, etc.) where there is illegal sale of alcoholic beverages and/or use of drugs, except in performance of duty. Violating Section 1129 of the New York City Charter. This section provides that any uniformed member who shall accept any additional place of public trust or civil emolument, OR who shall be nominated for any office elective by the people, and does not decline said nomination within ten days, shall be deemed thereby to have vacated his or her position/office in the Department. This vacatur of office shall not apply to the following: a. A member of a community board b. An appointment, nomination, or election to a board of education outside the City of New York c. A member, who with the written authorization of the Mayor, shall accept any additional place of public trust or civil emolument, while on leave of absence without pay from the Department. d. A member who, with the written approval of the Police Commissioner, shall accept any additional place or position outside the City of New York, limited to volunteer work as a member or volunteer in, of, or for a community board, not-forprofit corporation, volunteer fire department, or other similar community-oriented entity. Smoking in public view while in uniform. Occupying seat in a public conveyance, while in uniform, to exclusion of paying passenger. Occupying seat on a train, while in uniform and assigned to train patrol duties. Using personal card describing police business, address, telephone number, or title except as authorized by Department Manual. Rendering any service for private interest, which interferes with proper performance of duty. Possessing or displaying police shield, IDENTIFICATION CARD (PD416-091), or similar object except as authorized by the Police Commissioner. Failing to provide notice to the Department of an obligation or intention to perform services in any federal military branch or state militia organization. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-10 PUBLIC CONTACT – PROHIBITED CONDUCT (continued) REVISION NUMBER: PAGE: 08/01/13 21. 22. 3 of 3 Serving on a community board’s Public Safety Committee (which deals directly with Police Department and other law enforcement matters). Voting on any matter that comes before the community board concerning Police Department activities in the district that the board serves. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-11 USE OF FORCE DATE ISSUED: 08/01/13 USE OF FORCE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 All uniformed members of the service are responsible and accountable for the proper use of force under appropriate circumstances. Members of the service are reminded that the application of force must be consistent with existing law and with New York City Police Department Values, by which we pledge to value human life and respect the dignity of each individual. Depending upon the circumstances, both federal and state laws provide for criminal sanctions and civil liability against uniformed members of the service, when force is deemed excessive, wrongful or improperly applied. The primary duty of all members of the service is to preserve human life. Only that amount of force necessary to overcome resistance will be used to effect an arrest or take a mentally ill or emotionally disturbed person into custody. Deadly physical force will be used ONLY as a last resort and consistent with Department policy and the law. At the scene of a police incident, many members of the service may be present and some members may not be directly involved in taking police actions. However, this does not relieve any member present of the obligation to ensure that the requirements of the law and Department regulations are complied with. Members of the service are required to maintain control or intervene if the use of force against a subject clearly becomes excessive. Failure to do so may result in both criminal and civil liability. EXCESSIVE FORCE WILL NOT BE TOLERATED. All members of the service at the scene of a police incident must: a. Immediately establish firearms control b. Use minimum necessary force c. Employ non-lethal alternatives, as appropriate. Members of the New York City Police Department will NOT use chokeholds. A chokehold shall include, but is not limited to, any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air. Whenever it becomes necessary to take a violent or resisting subject into custody, responding officers should utilize appropriate tactics in a coordinated effort to overcome resistance (for example see P.G. 216-05, “Mentally Ill or Emotionally Disturbed Persons”). The patrol supervisor, if present, should direct and control all activity. Whenever possible, members should make every effort to avoid tactics, such as sitting or standing on a subject’s chest, which may result in chest compression, thereby reducing the subject’s ability to breathe. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 203-11 USE OF FORCE (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 Persons taken into custody (i.e., arrest, mentally ill, emotionally disturbed, etc.) shall be rear cuffed at the earliest opportunity to reduce the potential for resistance, which may cause injuries. In addition, alternate restraining devices (Velcro straps, mesh restraining blankets, etc.) shall be used, at the earliest opportunity, to restrain or further restrain a subject whose actions or behavior may cause injury to himself/herself or others. After an individual has been controlled and placed under custodial restraint using handcuffs and other authorized methods, the person should be positioned so as to promote free breathing. The subject should not be maintained or transported in a face down position. The member assuming custody of the subject should closely observe him or her for any apparent injuries. If the area is dark, a flashlight or other source of illumination should be used to maintain a clear view of the subject at all times. If a person appears to be having difficulty breathing or is otherwise demonstrating life-threatening symptoms, medical assistance will be requested immediately. The patrol supervisor will direct that alternate means to maintain custody be utilized, if appropriate. The use of restraints to “hog-tie” (restraining person by connecting or tying rear cuffed hands to cuffed or shackled ankles or legs) subjects and the transportation of subjects in a face down position within any vehicle are prohibited. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-12 DEADLY PHYSICAL FORCE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 The New York City Police Department recognizes the value of all human life and is committed to respecting the dignity of every individual. The primary duty of all members of the service is to preserve human life. DEADLY PHYSICAL FORCE The most serious act in which a police officer can engage is the use of deadly force. The power to carry and use firearms in the course of public service is an awesome responsibility. Respect for human life requires that, in all cases, firearms be used as a last resort, and then only to protect life. Uniformed members of the service should use only the minimal amount of force necessary to protect human life. Where feasible, and consistent with personal safety, some warning, such as “POLICE DON’T MOVE,” should be given. Deadly force is never justified in the defense of property. Above all, the safety of the public and uniformed members of the service must be the overriding concern whenever the use of firearms is considered. DEFINITION PROFESSIONAL JUDGMENT – judgment based not only upon experience as an individual but taking into account the knowledge, experience, and training gained through employment as a police officer. GUIDELINES FOR THE USE OF FIREARMS UNIFORMED MEMBER OF THE SERVICE a. b. c. d. e. f. g. h. i. Police officers shall not use deadly physical force against another person unless they have probable cause to believe they must protect themselves or another person present from imminent death or serious physical injury. Police officers shall not discharge their weapons when, in their professional judgment, doing so will unnecessarily endanger innocent persons. Police officers shall not discharge their firearms in defense of property. Police officers shall not discharge their firearms to subdue a fleeing felon who presents no threat of imminent death or serious physical injury to themselves or another person present. Police officers shall not fire warning shots. Police officers shall not discharge their firearms to summon assistance except in emergency situations when someone’s personal safety is endangered and unless no other reasonable means is available. Police officers shall not discharge their firearms at or from a moving vehicle unless deadly physical force is being used against the police officer or another person present, by means other than a moving vehicle. Police officers shall not discharge their firearms at a dog or other animal except to protect themselves or another person from physical injury and there is no other reasonable means to eliminate the threat. Police officers shall not, under any circumstances, cock a firearm. Firearms must be fired double action at all times. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-13 FINANCIAL RESTRICTIONS - PROHIBITED ACTS DATE ISSUED: 08/01/13 FINANCIAL RESTRICTIONS PROHIBITED ACTS 1. 2. 3. 4. 5. 6. 7. NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Using confidential official information to advance financial interest of self or another. Becoming interested, directly or indirectly, in any manner except by operation of law in any business dealing with City. Engaging, or rendering a service, in any financial, commercial or private interest which is directly or indirectly in conflict with official duties. Purchasing city-owned real property through negotiated sale, EXCEPT a city-owned residential building of six units or less, may be purchased through negotiated sale. Violation subjects member to fine, suspension or dismissal and member may be prosecuted for a misdemeanor. Purchasing real estate for rental purposes within precinct of assignment. Soliciting, accepting, printing or publishing advertisements, or booster lists, or receiving funds from a businessperson or any other person, directly or indirectly, relating to a journal or any other publication of any organization that has the word “POLICE” in its organization title or its literature, cards, tickets, etc., used to raise funds for any purpose indicating, in any way, an affiliation with this Department, without approval of the Chief of Internal Affairs. Selling or issuing tickets, invitations or any other writing or device for the purpose of admission to functions held by religious, line or fraternal organizations within this Department, and any placards, invitations, circulars or other similar instrument advertising these affairs bearing the words “POLICE DEPARTMENT - CITY OF NEW YORK” or similar term indicating an affiliation with the Police Department without the approval of the Chief of Internal Affairs. The officers and committee members taking part in the arrangement, operation or conduct of authorized affairs under the auspices of religious, line or fraternal organizations of this Department will ensure that Department standards are maintained. 8. 9. Authorizing use of photograph in uniform or mentioning rank, title or membership in Department for commercial advertisement. Accepting testimonial award, gift, loan or thing of value to defray or reimburse any fine or penalty, or reward for police service except: a. Award from City of New York Employee’s Suggestion Board b. Award of Departmental recognition c. Award to a member of officer’s family for a brave or meritorious act, from a metropolitan newspaper d. Monetary prize or award from foundations, universities, institutions, etc., after review by the Deputy Commissioner, Legal Matters and the approval of the Police Commissioner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-13 FINANCIAL RESTRICTIONSPROHIBITED ACTS (continued) PAGE: 08/01/13 10. 11. 12. 13. NOTE REVISION NUMBER: 2 of 2 Purchasing or acquiring property of another, without approval of commanding officer, knowing or having reason to know that such property was held in custody of this Department. Soliciting, contributing or paying, directly or indirectly, or otherwise aiding another to solicit, contribute or pay any money or other valuable consideration which will be used in connection with a matter affecting the Department or any person connected with the Department, without permission of the Chief of Internal Affairs. Soliciting or accepting loans from merchants, firms or persons doing business located or residing in area of assignment. Entering into a business or financial transaction with another member of the service who is your superior or subordinate where the superior has the power to direct the subordinate’s work or has the power to affect the terms and conditions of the subordinate’s employment. This means, but is not limited to, circumstances where the superior has direct supervision of the subordinate or instances where in the course of conducting police related business, there is a likelihood that the superior will be in a position to supervise or affect the assignment of the subordinate. Accordingly, members of the service who do not work in the same command but who do work within the same bureau/patrol borough should carefully consider, before entering into a business or financial transaction with each other, whether the above superior/subordinate relationship presently exists. Members of the service should also be aware that changes in assignments that affect the superior/subordinate relationship may make a pre-existing business or financial relationship an impermissible conflict of interest. The Office of the Deputy Commissioner, Legal Matters should be contacted if questions arise regarding these issues. The Conflicts of Interest Board has determined that it is a violation of the conduct described in step 13 for a superior to solicit charitable contributions from, or to offer to sell products of any amount or value to a subordinate. The Board has specifically ruled, however, that a subordinate may sell products for profit or charitable purposes, or solicit donations for charitable purposes from a superior if the amount involved is de minimis. The Board has defined de minimis to be $25.00 or less. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-14 FINANCIAL RESTRICTIONS - PROHIBITED INTERESTS DATE ISSUED: 08/01/13 FINANCIAL RESTRICTIONSPROHIBITED INTERESTS NOTE 1. 2. REVISION NUMBER: PAGE: 08/01/13 1 of 1 No Department employee may have a position in a firm that the employee knows, or should know, is engaged in business dealings with the Department. No Department employee may have a position in a firm that the employee knows, or should know, is engaged in business dealings with the City, unless such position is in a firm whose shares are publicly traded. For purposes of steps 1 and 2 above, a position with a firm includes, but is not limited to an officer, director, manager, employee, trustee, attorney, agent, broker or consultant to the firm. The definition of “firm” includes an individual seeking business on his/her own behalf, and as a sole proprietor. 3. 4. NOTE DATE EFFECTIVE: In addition to the prohibitions outlined above, a Department employee may not have an ownership interest in a firm that is engaged in business dealings with the Department or have an ownership interest in a firm whose shares are not publicly traded, that is engaged in business dealings with the City. If a Department employee has an ownership interest prohibited in step 3 above, the employee must, within ten days of learning that such ownership interest is prohibited: a. Terminate such ownership in the firm, OR b. Disclose the prohibited ownership interest to the Conflicts of Interest Board. For purposes of steps 3 and 4 above, an ownership interest means an interest held by a Department employee, the employee’s spouse or unemancipated child, that is greater than five percent of the firm or an investment equivalent to $32,000.00. If a Department employee has an interest in a firm, whose shares are publicly traded, that has business dealings with the City (which would be permitted), but is not sure whether that firm has business dealings with the Department (which would not be permitted), the employee may make written request to the Police Commissioner, through channels, for a determination on whether that firm does business with the Department. Any Department employee who believes they may be covered by these provisions should immediately contact the Conflicts of Interest Board for further instructions. An employee may have an interest otherwise prohibited above if written approval is obtained from the Police Commissioner and the Conflicts of Interest Board approves. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-15 OFF DUTY CONDUCT - ATTENDANCE AT PARADES, FUNERALS, MEMORIAL SERVICES AND OTHER DEPARTMENT-ORIENTED OR LAW ENFORCEMENT EVENTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To inform all off duty members of the service of the guidelines to be complied with when attending or taking part in parades, funerals, memorial services, and other Department-oriented or law enforcement events. SCOPE All members of the service are strictly accountable for their conduct at all times, whether on or off duty, inside or outside New York City. Conduct which brings discredit to the Department, or conduct in violation of law is unacceptable and will result in appropriate disciplinary measures. Additionally, all members of the service are subject at all times to the provisions of the Patrol Guide, other Department regulations, and all local, state, and federal laws. PROCEDURE When attending or taking part in parades, funerals, memorial services, and other Department-oriented or law enforcement-oriented events, the following will be complied with: a. ALL members are required to report corruption or other misconduct whether on or off duty, inside or outside New York City. In particular, ranking officers are reminded that supervisory responsibilities are never abrogated. Ranking uniformed members of the service must take affirmative action whenever they observe or become aware of corruption or other misconduct, including immediate notification to the Internal Affairs Bureau. b. On duty members, in or out of uniform, will return to their commands as soon as the event is over. They will not take a meal period and will not be granted lost time until they return to their assigned commands. c. All off duty uniformed members of the service who wish to wear their uniform outside New York City must receive permission in advance from the Police Commissioner, First Deputy Commissioner, or Chief of Department. NOTE ALL OFF DUTY MEMBERS WHO ARE IN UNIFORM MUST CONDUCT THEMSELVES AS IF THEY WERE ON DUTY, AND WILL BE HELD ACCOUNTABLE ACCORDINGLY. ADDITIONALLY, ALL MEMBERS WILL RESPECT, COOPERATE WITH, AND FOLLOW THE DIRECTION OF PERSONNEL FROM OTHER LAW ENFORCEMENT AGENCIES WHEN PRESENT IN THAT AGENCY’S JURISDICTION. d. e. Off duty members granted permission to wear uniforms will only wear them for the duration of the event. They must then change into civilian attire as soon as the event is over. Under no circumstances will any member wear his/her uniform off duty or attend any parties, dinners, fund raising events, etc., in uniform, without the permission of his/her commanding officer or designee. This includes social events that take place after a parade, funeral, etc., has ended. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-15 PROCEDURE (continued) REVISION NUMBER: PAGE: 08/01/13 f. g. h. i. 2 of 2 All members of the service are reminded to comply with P.G. 203-06, “Performance On Duty - Prohibited Conduct,” which prohibits the consumption of intoxicants when in uniform whether on or off duty. Members will not, under any circumstances, allow alcoholic beverages to be brought into Department facilities or vehicles except in performance of duty. All Department-oriented and law enforcement-oriented events that members of the service attend, wherever they take place, will be monitored by ranking officers from overhead commands. In selected cases, as specifically directed by the Police Commissioner, First Deputy Commissioner, or Chief of Department, the Internal Affairs Bureau will conduct such monitoring. Members are reminded of the provisions of P.G. 204-08, “Firearms General Regulations,” which states that off duty members are to be unarmed at their own discretion when engaged in any activity of a nature whereby it would be advisable NOT to carry a firearm, especially those events at which alcoholic beverages are consumed. In addition, off duty members are reminded that they may only carry the regulation service revolver or pistol, authorized off duty revolver, or authorized special weapons. Members, when out of state for a parade, funeral, memorial ceremony, or any other Department-oriented or law enforcement-oriented event, may not carry any firearms without the permission of the Police Commissioner, First Deputy Commissioner or Chief of Department even when such an event takes place in a state which allows police officers from other jurisdictions to carry their weapons. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-16 GUIDELINES FOR ACCEPTANCE OF GIFTS AND OTHER COMPENSATION BY MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide guidance to members of the service relating to acceptance of gifts and other compensation. POLICY It is the policy of the Department that members of the service may not accept any reward, gratuity, gift or other compensation for any service performed as a result of or in conjunction with their duties as public servants. All exceptions must be in accordance with Chapter 68 of the New York City Charter and the Police Department Board of Ethics rulings. This policy applies regardless of whether the service was performed while said members of the Department were on or off duty. Members of the service also shall not solicit any gift, gratuity, loan, present, fee or reward for personal gain. SCOPE Members of the service may be offered gifts, awards, and other things of value by private citizens, institutions, etc., in appreciation for their police service. It is not unethical or illegal for a member of the service to accept gifts that are commonly offered as tokens of appreciation, i.e., plaques, pen and pencil sets, etc. However, cash rewards and personal gifts, such as wristwatches, etc., are strictly forbidden. To insure that the general public does not misinterpret the justification for these gifts, the following procedure has been established. PROCEDURE Whenever a member of the service is offered a gift or becomes aware that a gift will be offered in appreciation for police service: MEMBER CONCERNED 1. 2. Comply with Department regulations relating to financial restrictions and prohibited acts/prohibited interests. Notify commanding officer, PRIOR to acceptance of gift. COMMANDING 3. OFFICER CONCERNED Review circumstances regarding the offering of the gift. a. Review Department Board of Ethics rulings relating to acceptance of gifts. NOTE Commanding officers are responsible to ensure command copies of Board of Ethics rulings are maintained in Command Reference Library as required by A.G. 325-18, “Command Reference Library.” IF GIFT IS A REWARD OR PRESENT FOR POLICE SERVICE RENDERED IN DISCHARGE OF OFFICIAL DUTY: COMMANDING 4. OFFICER CONCERNED Prepare a report, on Typed Letterhead, to the Police Commissioner, for review and final determination regarding acceptability of gift. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-16 REVISION NUMBER: PAGE: 08/01/13 2 of 2 IF GIFT IS OFFERED BY A PERSON/FIRM WHICH IS, OR INTENDS TO ENGAGE IN BUSINESS DEALING WITH THE CITY OF NEW YORK: COMMANDING 5. OFFICER 6. CONCERNED 7. Review City Charter, Section 2604 (B)5 to ensure that there is no conflict of interest. Make final determination regarding the propriety of accepting gift and notify member concerned. a. Request ruling by Board of Ethics if circumstances of offering are peculiar in nature and not reflected in current rulings. Prepare a report, on Typed Letterhead, to the Chief of Internal Affairs, through channels, for any member who receives two or more gifts, regardless of value or source of gift, within a calendar year. RELATED PROCEDURES Command Reference Library (A.G. 325-18) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-17 FUND RAISING EVENTS DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 1 PURPOSE To provide specific information relative to fund raising activities affecting the Department or any person connected with the Department, and the posting of advertisements involving such events by members of the service. PROCEDURE Prior to the fund raising event or posting of advertisements, concerning the event: COMMANDING 1. OFFICER, MEMBER CONCERNED 2. Prepare a request, on Typed Letterhead, addressed to the Chief of Internal Affairs, (through channels), containing the following information: a. The date, time and location of the fund-raiser, the identities of the organizers and the recipient of the proceeds after expenses. b. The results of inquiries made to the Intelligence Bureau and the Organized Crime Control Bureau relative to the premises and the principals involved, and the State Liquor Authority, when appropriate. c. The results of a check of the respective precinct’s Integrity Monitoring File. d. The specific manner by which funds will be raised and the method of compensation to the principals of the premises, including an assurance that the full retail price will be paid for all food, beverages and ancillary services, such as music, entertainment, etc. e. A statement indicating that no illegal gambling, raffles or 50-50 drawings will take place at the event. f. A statement and documentation indicating a specific accounting of funds collected and disbursed will be forwarded, within thirty days after the fund-raiser, to the Chief of Internal Affairs (i.e., copies of checks, bank deposit slips, or proof of payment for outstanding bills, etc.). g. A statement indicating that no conflict with Department procedures and/or guidelines was found to exist relative to the fundraiser. h. A concluding remark recommending approval of the request. Forward completed request, through channels, to the Chief of Internal Affairs. MEMBER CONCERNED, INTERNAL AFFAIRS BUREAU 3. RELATED PROCEDURE Financial Restrictions - Prohibited Acts (P.G. 203-13) 4. Advise commanding officer submitting request of the IAB number assigned to the request, and whether the request was approved or disapproved by the Chief of Internal Affairs. Return request, if approved, to the bureau chief/counterpart concerned for appropriate follow-up and event monitoring. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-18 RESIDENCE REQUIREMENTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To inform members of the service (uniformed and civilian) of the Department’s residence and telephone number requirements. MEMBER OF THE SERVICE 1. 2. 3. Reside within City of New York or Westchester, Rockland, Orange, Putnam, Nassau or Suffolk Counties. Provide operations coordinator with physical home address. a. Post Office Box addresses are not permitted. Provide operations coordinator with a landline telephone number and/or cellular telephone number, at residence. a. Beeper/pager numbers are not permitted. b. Members of the service may, in addition to the above, provide the operations coordinator with their email address. 4. Ensure that each member of the service reviews and updates their personal information via the Personal Data Forms Intranet System, as required. COMMANDING 5. OFFICER Ensure members of the service comply with residence and telephone number requirements. 6. Ensure that no uniformed member of the service is to be assigned to a borough task force in a borough in which he/she resides in without the borough commander’s approval. Ensure no uniformed member of the Housing Bureau is to be assigned to a police service area (PSA) that patrols public housing developments in a precinct in which the member resides. Ensure no member of the service (uniformed or civilian) is to be assigned to his/her resident precinct, with the exception of school crossing guards. a. Civilian members of the service who were assigned to their resident precinct prior to July 29, 2009, will be able to continue to reside and work in the same precinct. OPERATIONS COORDINATOR PERSONNEL ORDERS SECTION 7. 8. NOTE If the residence of a member of the service subsequently changes and results in a contradiction of any of the above residency requirements, the member must immediately notify his/her commanding officer. ADDITIONAL DATA New York City local law requires civilian members of the service, who entered City service on or after September 1, 1986, to become a City resident within ninety days of appointment. Civilian members of the service who were permanently appointed to City service before this date may reside outside the City; however, such civilian members who accept either provisional, noncompetitive, or exempt positions must establish City residence within one year. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 203-18 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 Notwithstanding the general requirement of City residency, Local Law No. 48 of 2009, allows civilian members of the service who have completed two years of service to reside, in addition to the five boroughs of New York City, in Westchester, Rockland, Orange, Putnam, Nassau or Suffolk Counties. However, civilian members of the service with special patrolman designation status must reside within the five boroughs of New York City regardless of years of service. Traffic Enforcement Agents Level IV, School Safety Agents and Evidence/Property Control Specialists who have special patrolman status are exempt under the State Public Officers Law and after completing two years of employment with the City may reside, in addition to the five boroughs of New York City, in Westchester, Rockland, Orange, Putnam, Nassau or Suffolk Counties. This amendment will not affect administrative or judicial actions taken to enforce residency requirements which were in effect prior to the change. All allegations of non-compliance with this law will be referred to the Personnel Bureau’s Investigations Unit, regardless of the civilian member’s permanent assignment within the Department. Sole investigative responsibility will rest with the Investigations Unit. Results of the investigation will be reviewed by the Assistant Commissioner, Employee Management Division. If an investigation does identify a civilian member in violation of this requirement, the civilian member of the service will be given an opportunity to rebut the investigation’s findings. Civilian members of the service, in fact, not in compliance with this requirement are subject to termination. A Department trial will not be conducted. Employees with questions regarding civilian residency requirements may contact the Employee Management Division. RELATED PROCEDURE Personal Information Via Department Intranet (P.G. 203-24) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-19 VACATION POLICY DATE ISSUED: 08/01/13 VACATION POLICY 1. 2. 3. 4. 5. 6. 7. 8. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Accrue vacation at the following rates: a. 1 2/3 days each month during the first five years of service b. 2 1/4 days each month after the first five years of service. Vacations are granted according to seniority in rank and by squad assignment, if appropriate. (The date of actual appointment to the rank of police officer will determine seniority for vacation selection). NOT MORE THAN 12% of personnel assigned to a uniformed patrol command (e.g., precinct, police service area, transit district, etc.) shall take vacation at the same time. Staff members of uniformed patrol commands and the uniformed members of those commands who perform special tours of duty, i.e., day squad, traffic officers, etc., shall select vacation separately from other uniformed members of the command. The 12% limitation will be maintained, if possible. Probationary police officers are not permitted to take vacation while in training at the Police Academy. After assignment to permanent command probationary police officer is allowed to take vacation in excess of the 12% limitation but not in conjunction with next vacation allowance. Vacations for uniformed members of the service assigned to other than uniformed patrol commands will be granted at the discretion of the commanding officer. The 12% limitation will be adhered to, if possible. Vacations of police officers (1st grade) and detectives who perform duty with the Police Officer/Sergeant Duty Schedule may be selected as follows: a. One period consisting of five sets of tours (or a comparable period based on the member’s duty schedule) OR b. Two periods consisting of three sets and two sets of tours, OR c. Three periods consisting of two periods of two sets of tours and one period consisting of one set of tours, OR d. Four periods consisting of one period of two sets of tours and three periods consisting of three single sets of tours, OR e. Five periods consisting of five single sets of tours. Police officers, other than first grade, may select one period consisting of four sets of tours or two periods, each consisting of two sets of tours. However, if an officer’s fifth anniversary appointment date falls within the current calendar year, the vacation allowance of said officer will be as follows: APPOINTMENT DATE January 1 to February 14 (inclusive) February 15 to April 15 (inclusive) April 16 to June 15 (inclusive) June 16 to July 15 (inclusive) July 16 to September 15 (inclusive) September 16 to November 15 (inclusive) November 16 to December 15 (inclusive) VACATION ALLOWANCE 27 work days 26 work days 25 work days 24 work days 23 work days 22 work days 21 work days NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-19 VACATION POLICY (continued) PAGE: 08/01/13 9. 10. NOTE REVISION NUMBER: 2 of 2 Lieutenants, sergeants and detectives may take vacation in one period, two approximate equal periods, or may select vacations consisting of one complete set of tours and two others of approximately equal length. Captains through deputy chiefs will take vacations consistent with the needs of their command. Uniformed members of the service (police officer through deputy chief) may carry over a maximum of three weeks vacation into following year subject to the following conditions: a. Accrued time may not be taken during June, July, August or December. b. Selection of accrued vacation is subject to exigencies of the Department. c. Selection of accrued time will be made after regular vacation picks. d. The 12% limitation remains in effect. Accrued vacation guidelines do not apply to vacation time lost due to member being on sick report. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Excusal periods occurring immediately prior to, within and immediately following vacation are an integral part of such vacation. Members shall start vacation at the beginning of a set of tours and consisting of a complete set, if possible. Prepare annual vacation lists prior to January 1st to permit commencement of vacations on January 1st. Two individual vacation days may be taken during January and February of the succeeding year, subject to the following guidelines: a. Uniformed member concerned may select individual days when making regular vacation selection; however, if not selected with regular pick, they may be selected at later date subject to exigencies of the service. b. ONLY 2% of uniformed members assigned to uniformed patrol commands may take individual vacation days at one time. c. Police officers MAY NOT select more than one of the following holidays as an individual vacation day: Independence Day, Labor Day, Thanksgiving Day, Christmas Day or New Year’s Day. Take vacations at a time convenient to the Department. Command timekeeper will enter vacation selections in the Command Diary. Vacation selection may be changed to fill a vacant period or when members mutually agree to change vacation selections ONLY with permission of commanding officer. Police officers retain original vacation selections when transferred. Supervisory officers may retain original selections if the efficiency of the command is not impaired. However, minor adjustments may be made to reflect new chart assignments. Neither the executive officer nor the operations coordinator are permitted to take vacations at the same time as the commanding officer. Uniformed member will apply for vacation lost during the preceding year due to sick leave, without delay, upon return to duty. Vacation time granted in excess of accrued yearly allowance will result in reduction of vacation allowance in the following year. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-20 AUTHORIZED LEAVE DATE ISSUED: 08/01/13 MEMBER OF THE SERVICE REQUESTING AUTHORIZED LEAVE 1. 2. 3. 4. 5. 6. 7. ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Prepare LEAVE OF ABSENCE REPORT (PD433-041) and submit to commanding officer/supervisory head, for approval, at least five days before leave commences except in emergency. a. Uniformed and civilian members of the service must complete the “Location During Absence” section on the LEAVE OF ABSENCE REPORT including each country, with the city/town or province where the member will be staying, date(s) of departure and date of return, unless on military leave or leave of absence without pay thirty calendar days or more b. If member will remain at their residence, member will enter “residence” and include location and dates c. Prior to approving recommendation for leave, commanding officer/supervisory head will ensure that each country, with the city/town or province where the member will be staying is entered in Location During Absence section of LEAVE OF ABSENCE REPORT. Leaves may be terminated at discretion of Police Commissioner. Member who is granted extended leave of absence without pay must take all accrued leave prior to the start of leave of absence, except for military leave. Leave without pay for thirty or more consecutive days during a year, except military leave, will reduce authorized vacation by 1/12th for each thirty consecutive days of absence. Member returning from leave without pay for one year or more may not be granted unaccrued vacation until member performs active duty for a minimum of three months, unless otherwise authorized by law. A member of the service (uniformed or civilian) applying for any extended leave, e.g., educational leave with or without pay, hardship leave, etc., is required to communicate with the Military and Extended Leave Desk for instructions. Leave without pay may be granted to observe a religious holiday. No more than 1/6th of each squad may be granted such leave. If an emergency situation arises and a uniformed member of the service requests an emergency excusal day (E-Day) for his/her next scheduled tour of duty, the requesting uniformed member of the service must receive approval from the desk officer on duty at the time of the request. Members of the service may only request an E-Day during the interval between the member’s last tour of duty performed and the start of their next scheduled tour of duty. All other requests for a leave of absence, that does not fall under the guidelines for an E-Day, will be submitted on a LEAVE OF ABSENCE REPORT to the member’s commanding officer/supervisory head. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 203-20 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 Once a decision has been rendered regarding the E-Day request, the desk officer will make an entry on the Roll Call Adjustment (Misc. 3084). The entry will consist of the requesting member’s rank, name and whether the E-Day request was granted or denied. If the E-Day has been granted, the desk officer will ensure a LEAVE OF ABSENCE REPORT is prepared for the requesting member. A denial of an E-Day by the desk officer is a final decision. If the request is denied, members are prohibited from attempting to receive approval of the same request from another supervisor and may be subject to disciplinary action. Commanding officers will ensure that supervisors are aware of the command’s criteria for the granting of E-Days. This includes, but is not limited to, the reason for requested excusal, number of emergency day requests made by the member, and the operational impact on the command. FORMS AND REPORTS LEAVE OF ABSENCE REPORT (PD433-041) Roll Call Adjustment (Misc. 3084) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-21 INTEGRITY MONITORING FILE DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 4 PURPOSE To identify locations where there is potential for members of the service to engage in corrupt practices or misconduct. DEFINITION DESIGNATED OFF-LIMITS LOCATION - a location operating legitimately that a commanding officer may place off-limits because of some police misconduct related activity, and the need to avoid the appearance of impropriety by members of the command (see Additional Data). UNLAWFUL LOCATIONS - premises, whether in a member's command or elsewhere, that are involved in illegal activities which would preclude the presence of a member of the service, except in the line of duty (see Additional Data). COOPING PRONE LOCATIONS - locations or premises where members of the service may engage in unauthorized interrupted patrol (see Additional Data). PROCEDURE When a premises or location has been identified as a “Designated Off-Limits Location”, “Unlawful Location”, or a “Cooping Prone Location” in a command under the jurisdiction of the Patrol Services, Housing, or Transit Bureaus: COMMANDING 1. 2. OFFICER NOTE Direct integrity control officer to maintain an Integrity Monitoring File. Document and have on file for review the reason(s) for including a location in the Integrity Monitoring File. Documentation should include, but not be limited to criminal history, arrests, summonses, reports to the State Liquor Authority, organized crime information, corruption, Civilian Complaint Review Board/community complaints, etc. Dates of reports and serial numbers should be included. For further information to be maintained for off-limits and unlawful locations see "Additional Data.” 3. 4. Determine schedule to be utilized by commanding officer, executive officer, and integrity control officer when making visits to Designated Off-Limits Locations. a. Patrol supervisors will make observations, but not visits, to all locations as directed by the integrity control officer. Direct preparation and maintenance of an Integrity Monitoring Log for the recording of observations and visits to subject locations. INTEGRITY CONTROL OFFICER 5. 6. Maintain Integrity Monitoring File. Maintain Integrity Monitoring Log and record all visits and observations, as well as police action directed at identified locations. NOTE The Integrity Monitoring Log will be in a Department record book divided equally into three separate sections entitled: a. “Designated Off-Limits Locations” b. “Unlawful Locations” c. “Cooping Locations.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-21 NOTE (continued) REVISION NUMBER: PAGE: 10/16/13 2 of 4 Each section will be captioned across a double page as follows: FIRST PAGE DATE TIME LOCATION ACTIVITY OBSERVED (IF ANY) SECOND PAGE MEMBER MAKING OBSERVATION ACTION TAKEN REMARKS (Summons, arrest, Intelligence Bureau notification, etc) COMMANDING 7. OFFICER 8. 9. Evaluate, every six months, the command's Integrity Monitoring File for accuracy and relevance. Add/delete locations by forwarding a report, on Typed Letterhead, to overhead bureau concerned, through channels. a. Indicate reason for addition/deletion. b. Include an updated Integrity Monitoring File with report. Prepare three copies of updated Integrity Monitoring File on March 1st each year, and forward to overhead bureau concerned, through channels. a. An accompanying report will be prepared indicating that the commanding officer concerned has reviewed the file and the locations on each list are in conformance with this procedure. BUREAU COMMAND 10. Review reports (both interim and annual) submitted by subordinate commands. a. Forward copy of report to the Investigation Review Section, Office of the Chief of Department. b. Forward copy of report to the Internal Affairs Bureau. ADDITIONAL DATA The Investigation Review Section will act as the central repository for Designated OffLimits Locations, Unlawful Locations, and Cooping Prone Locations. Annually, the Investigation Review Section shall forward an updated citywide list of these locations to the Operations Unit and the Office of the Chief of Department. Furthermore, the Quality Assurance Division shall conduct audits of precincts, transit districts, police service areas and borough command counterparts to ensure updated lists are maintained in accordance with the provisions of this procedure. If it becomes necessary for a uniformed member of the service to enter a location listed in the Integrity Monitoring File because of assignment by competent authority, i.e., radio dispatcher/serious police emergency, the member concerned will immediately notify the patrol supervisor. The patrol supervisor will respond and make an ACTIVITY LOG (PD112-145) entry of the circumstances. The duties performed by units in the Transit Bureau, the Chief of Transportation and the Special Operations Division may present integrity hazards that are unique to their specialties, i.e., marinas, riding academies, parking garages, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-21 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 10/16/13 3 of 4 Therefore, commanding officers of each unit will identify such locations and, using the criteria below, compile a Designated Off-Limits Location list for their unit's Integrity Monitoring File. Furthermore, they will obtain, and personally review off-limits locations within other commands where their members perform patrol. These locations will be included in their own lists of locations considered integrity hazards for their personnel. CRITERIA FOR INCLUSION IN INTEGRITY MONITORING FILE DESIGNATED OFF-LIMITS LOCATION a. Some documented police misconduct-related activity, such as: (1) Any substantial acts of misconduct, or (2) The failure of integrity tests, or (3) The commanding officer's professional judgment after review of corruption allegations, or (4) Intelligence from the Organized Crime Control Bureau or the Intelligence Bureau, particularly at locations involving organized crime, or (5) The location's past history of repeated crimes or violations. PLUS b. Illegal conditions associated with locations, or the inference or appearance of preferential treatment. Conditions listed in paragraphs a or b above are both required in order for a location to be included in the “Designated Off-Limits Locations” portion of the Integrity Monitoring File. Members of the service are prohibited from entering all Designated Off-Limits Locations within their command of assignment, whether on or off duty. Because of these limitations, commanding officers will be very judicious when designating a location off-limits. In addition, they must be able to articulate the reasonable basis used for selecting each location. Additionally, they should avoid listing general areas such as entire streets, plazas, parks, etc., unless there are some extraordinary circumstances that would justify the off-limits provisions of this procedure. The following information should be included in interim or annual reports regarding Designated Off-Limits Locations: (1) Date declared off-limits (2) Number of visits/observations by commanding/executive/integrity control officers or other supervisors (3) Notifications to investigations unit concerned (4) Any disciplinary/criminal action taken against members of the service re: location concerned (including results) (5) Date location closed or business sold (6) Date removed from list and reason (passed integrity test, etc.) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 203-21 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 4 of 4 UNLAWFUL LOCATIONS a. Premises (licensed or unlicensed) where a member of the service MUST be suspended for having an interest in, associating with or patronizing as indicated in Patrol Guide procedure 206-07, “Cause for Suspension or Modified Assignment”, step 2, subdivision “f” OR, b. Unlicensed premises (neighborhood tavern or restaurant with an expired/suspended license) where the sale of alcohol is the only apparent illegal activity and a member of the service may be suspended or placed on modified assignment for patronizing such a location as per Patrol Guide procedure 206-07, “Cause for Suspension or Modified Assignment”, step 3, subdivision “e”. The following information should be included in interim or annual reports regarding Unlawful Locations: (1) Date declared unlawful (2) Number of visits/observations by commanding/executive/integrity control officers or other supervisors (3) Any notifications made to Internal Affairs Bureau or any unit/agency relative to vice enforcement, narcotics, civil enforcement, etc. (4) Any disciplinary/criminal action taken against members of the service re: location concerned (including results) (5) Date business sold (6) Date location closed and reason (civil enforcement, vacated business, fire, etc.) If a member of the service becomes involved in an incident in an Unlawful Location, outside of his/her command, and upon investigation it is discovered that the location has been previously deemed unlawful, and is still carried as such in the command's Integrity Monitoring File, the commanding officer/duty captain will determine whether or not the member involved should have been aware of the unlawful status of the location in question. COOPING PRONE LOCATIONS Consideration for designating a location as cooping prone should be based on past history of allegations of cooping, or locations where, in the commanding officer's judgment, there is likelihood that member(s) will engage in interrupted patrol. Cooping prone locations apply to on-duty members only. However, members will not be prohibited from performing authorized patrol within such locations, when necessary. FORMS AND REPORTS ACTIVITY LOG (PD 112-145) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-22 DEPARTMENT CONFIDENTIALITY POLICY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To inform members of the service of the guidelines to be complied with when accessing, creating, receiving, disclosing or otherwise maintaining information from an information system: MEMBER OF THE SERVICE 1. 2. 3. 4. 5. NOTE Access only those information systems to which authorization has been granted, and under circumstances required in the execution of lawful duty. Abide by any security terms/conditions associated with the information system, including those governing user passwords, logon procedures, etc. Disclose information to others, including other members of service, only as required in the execution of lawful duty. Confirm identity and affiliation of requestor of information and determine that release of information is lawful, prior to disclosure. Maintain confidentiality of information accessed, created, received, disclosed or otherwise maintained during course of duty. The above guidelines also apply to the oral transmission of information contained in any Department information system. Members of the service who fail to adhere to the above guidelines may be subject to disciplinary and/or criminal action. RELATED PROCEDURES Information Concerning Official Business of Department (P.G. 212-76) Release of Information to News Media (P.G. 212-77) Department Computer Systems (P.G. 219-14) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-23 CONDUCTING ORDERED BREATH TESTING OF UNIFORMED MEMBERS OF THE SERVICE FOR THE PRESENCE OF ALCOHOL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 8 COMMANDING OFFICER, PERSONNEL BUREAU INVESTIGATIONS UNIT 1. NOTE Subject members have signed a Negotiated Settlement which contains the following wording: “I agree to submit to and to make myself available, on or off duty, for ordered breath testing for the presence of alcohol during a probationary period or other agreed upon time period pursuant to Patrol Guide 203-04, “Fitness for Duty.” I understand that this will entail unannounced visits to my personal residence. In addition, I am fully aware that if said testing of my blood alcohol level is .04 or more that I shall be presumed unfit for duty. I also understand that should I be found unfit for duty or should I refuse such testing I will be subject to further disciplinary action up to and including summary termination. I acknowledge that I have received and understand the provisions within Patrol Guide 203-04, “Fitness for Duty” and Patrol Guide 203-23, “Conducting Ordered Breath Testing of Uniformed Members of the Service for the Presence of Alcohol.” 2. NOTE Schedule each member whose name appears on the listing to be periodically tested during each quarterly period during which the member is subject to ordered breath testing. For the purposes of this procedure, the calendar year will be divided into four quarterly periods as follows: January through March, April through June, July through September and October through December. Nothing in this procedure shall preclude a subject member from being tested more than once during a quarter. However, at least one of the tests conducted during the year must be conducted during the subject member’s off duty hours. If the period that the member is subject to ordered breath testing begins on February 15th, for example, the initial testing of the subject member will commence during the quarterly period that runs from January 1st through March 31st. 3. 4. NOTE Maintain a listing (including duty charts, vacation selections and complete contact information such as home phone numbers, cellular phone numbers, beeper numbers and e-mail addresses) of all uniformed members who have been placed on Dismissal Probation, or have been the subject of other disciplinary action, and have agreed to submit to ordered breath testing for the presence of alcohol as a result of a negotiated penalty in a Department disciplinary proceeding. Ensure that all supervisors assigned to the Personnel Bureau Investigations Unit and the Medical Division’s Absence Control & Investigations Unit have been trained by the Highway District in the operation of the hand-held Portable Breath Test (PBT) device. Arrange for a supervisor assigned to the Personnel Bureau Investigations Unit or the Medical Division’s Absence Control & Investigations Unit to conduct a breath test using a PBT device whenever a subject member is scheduled to be tested. Both units will assist each other in the testing process as necessary. If the subject member is a ranking member of the Department, a supervisor of an appropriate rank assigned to one of the sub-units of the Personnel Bureau will be designated to assist with the administration of the breath test. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-23 COMMANDING OFFICER, PERSONNEL BUREAU INVESTIGATIONS UNIT PAGE: 08/01/13 5. 6. (continued) NOTE REVISION NUMBER: 2 of 8 Maintain a database that tracks the results of all on duty as well as all off duty ordered breath tests and the number of members tested. Submit a quarterly report to the Chief of Personnel listing all subject members, the starting and ending dates during which they are subject to ordered breath testing, the dates on which they were tested, whether they were tested on duty or off duty, and the results. The probationary period will be extended by any period of time that the subject member is on suspension, modified assignment, restricted duty, limited duty, sick leave, leave of absence (military, educational, etc.) or annual leave. As such, the Employee Management Division will be contacted to ascertain the exact date that the probationary period ends. ON DUTY ORDERED BREATH TESTING (Steps 7-14) DESIGNATED SUPERVISOR, PERSONNEL BUREAU INVESTIGATIONS UNIT/MEDICAL DIVISION’S ABSENCE CONTROL & INVESTIGATIONS UNIT 7. NOTE The Medical Division’s Drug Screening Unit must ensure that the records maintained in regard to random drug testing do not in any manner include members who were notified to appear for ordered breath testing. 8. 9. NOTE After being designated to conduct an ordered breath test of an on duty member of the service, the breath test will be conducted at the Medical Division’s offices on the 16th floor of One Lefrak City Plaza in Corona or at the Personnel Bureau Investigations Unit at 49-51 Chambers Street, 14th floor, on a date and time when the subject member is regularly scheduled to work. Notify the commanding officer/desk officer at the subject member’s command to have the subject member transported by a higher-ranking member to the Medical Division or the Personnel Bureau Investigations Unit in an expeditious fashion. Respond to the Medical Division, or the Personnel Bureau Investigations Unit, as appropriate, on the date and time that the subject member was notified to appear. All times relating to the testing process will be carefully documented. 10. 11. Advise the subject member that he or she may be tested by a number of different means, such as the PBT device and the Intoxilyzer. Direct the subject member to prepare an Ordered Breath Test Questionnaire form. a. The Ordered Breath Test Questionnaire form will be retained in the subject member’s file maintained at the Personnel Bureau Investigations Unit office. As some of the information contained on the form may be considered medical records under the Americans with Disabilities Act, the form must be handled and maintained in a confidential manner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-23 REVISION NUMBER: PAGE: 08/01/13 3 of 8 NOTE If the subject member answers “YES” to either of the following two questions listed on the form: “Do you require medical treatment now?” or “Do you desire an ambulance to be summoned?” or is unable to answer these questions, the supervisor concerned shall summon an ambulance. DESIGNATED SUPERVISOR, PERSONNEL BUREAU INVESTIGATIONS UNIT/MEDICAL DIVISION’S ABSENCE CONTROL & INVESTIGATIONS UNIT (continued) 12. NOTE The supervisor concerned must observe the subject member for at least 20 minutes prior to initiating the test to ensure that the subject member does not engage in any activities that may skew the test results (e.g., eating, drinking, smoking, vomiting, regurgitating, belching). 13. 14. Conduct a breath test using a PBT device in a private setting at the Medical Division’s Lefrak City facility or at the Personnel Bureau Investigations Unit at 49-51 Chambers Street, 14th floor. If the reading on the PBT device is less than .02 and there are no related indicia of intoxication (see Additional Data statement for a listing), no further action is required at this time. a. If the reading on the PBT device is less than .02 and the subject member appears to be intoxicated (i.e., there are related indicia of intoxication) or under the influence of a prohibited substance, the supervisor concerned will confer with the Commanding Officer, Personnel Bureau Investigations Unit who will notify the Office of the Chief of Personnel in regard to obtaining authorization to test the subject member using the Intoxilyzer, or to conduct a drug screening test for cause under the procedures contained in P.G. 205-30, “Administration of Drug Screening Tests for Cause.” If the reading on the PBT device is .02 or greater, immediately notify Highway I.D.T.U. to respond to the Medical Division to test the subject member using the Intoxilyzer that is maintained at the Medical Division facility. (It should be emphasized that the Intoxilyzer test at the Medical Division will be conducted by an I.D.T.U. technician.) In the event that alternate arrangements must be made, the Intoxilyzer test will be conducted at the closest I.D.T.U. facility. In such a case, the subject member will not be permitted to transport him/herself to the I.D.T.U. facility. Depending upon circumstances, the supervisor concerned may be aided by one or more members of the service in transporting the subject member to the I.D.T.U. facility. a. The I.D.T.U. technician will utilize a specially developed form, entitled Ordered Breath Test Instruction Sheet to interview the subject member and a specially developed checklist, entitled Intoxilyzer Operational Checklist to conduct the test. The entire NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-23 4 of 8 Intoxilyzer testing process, including the reading of the test results, will be videotaped by a member of the Highway District. In cases in which there is an Intoxilyzer reading of .02 or greater, a copy of the videotape will be provided to the supervisor concerned, who will follow all applicable Departmental procedures to safeguard the tape for evidentiary purposes. The I.D.T.U. technician conducting the test must observe the subject member for at least 20 minutes prior to initiating the test to ensure that the member does not engage in any activities that may skew the test results. b. c. NOTE PAGE: 08/01/13 DESIGNATED SUPERVISOR, PERSONNEL BUREAU INVESTIGATIONS UNIT/MEDICAL DIVISION’S ABSENCE CONTROL & INVESTIGATIONS UNIT (continued) NOTE REVISION NUMBER: The supervisor concerned shall carefully record and then take into account the Intoxilyzer reading along with any other related indicia of intoxication in coming to a conclusion that the subject member is apparently unfit for duty. As part of this process, the supervisor should use a blood alcohol level of .04 or greater on the Intoxilyzer as the threshold for a presumption of lack of fitness for duty. If the supervisor concerned has reason to conclude that the subject member is apparently unfit for duty, the supervisor will notify the Commanding Officer, Personnel Bureau Investigations Unit, who will notify the Office of the Chief of Personnel. In addition, the supervisor will be guided by the procedures contained in P.G. 206-12, “Removal of Firearms from Intoxicated Uniformed Member of the Service.” If the subject member is determined to be unfit for duty, the I.A.B. Command Center will be notified and a log number will be obtained. OFF DUTY ORDERED BREATH TESTING (Steps 15-23) NOTE Home visits related to off duty ordered breath testing will be conducted in a similar fashion to home visits by the Medical Division to uniformed members of the service who are on sick leave. Breath testing of off duty members of the service will normally be conducted from 0900 hours to 2100 hours, including weekends. However, subject members who are tested off duty will be entitled to overtime compensation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-23 REVISION NUMBER: PAGE: 08/01/13 5 of 8 DESIGNATED SUPERVISOR, PERSONNEL BUREAU INVESTIGATIONS UNIT/MEDICAL DIVISION’S ABSENCE CONTROL & INVESTIGATIONS UNIT (continued) 15. NOTE The designated supervisor will be accompanied by at least one other supervisor/member of the Personnel Bureau Investigations Unit or the Medical Division’s Absence Control & Investigations Unit. After being designated to conduct an ordered breath test of an off duty member of the service, ascertain whether the subject member is on sick report. If the member is not on sick report, respond to the member’s residence to conduct the breath test. (If the member is on sick report, the breath test will not be conducted until the member is no longer on sick report.) a. NOTE All times relating to the testing process will be carefully documented. b. NOTE If the subject member does not answer the door, leave a Notification Card under the door with instructions that the member is to immediately contact you upon his/her receipt of the card. Attempt to contact the subject member via alternative means (telephone numbers that have been provided to the Department, cellular phones, beeper, etc.) if necessary. Attempts by the subject member to evade contact may result in further disciplinary action and possible termination. c. 16. 17. 18. 19. Once the subject member is located, direct the member to remain at his/her current location pending your arrival. The subject member will neither be requested nor permitted to drive until the breath testing has been completed and the member’s fitness for duty has been determined. Once personal contact is made with the subject member on an initial visit, request member’s identification card in order to confirm member’s identity. Proceed to conduct the testing process in a private setting (e.g., subject member’s residence, Department auto being used by the supervisor concerned) in a dignified, respectful fashion. The subject member’s input should be solicited in regard to where he/she would feel most comfortable having the test conducted. Advise the subject member that he or she may be tested by a number of different means, such as the PBT device and the Intoxilyzer. Direct the subject member to prepare an Ordered Breath Test Questionnaire form. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-23 a. 6 of 8 The Ordered Breath Test Questionnaire form will be retained in the subject member’s file maintained at the Personnel Bureau Investigations Unit office. As some of the information contained on the form may be considered medical records under the Americans with Disabilities Act, the form must be handled and maintained in a confidential manner. If the subject member answers “YES” to either of the following two questions listed on the form, “Do you desire medical treatment now?” or “Do you desire an ambulance to be summoned?” or is unable to answer these questions, the supervisor concerned shall summon an ambulance. 20. NOTE PAGE: 08/01/13 DESIGNATED SUPERVISOR, PERSONNEL BUREAU INVESTIGATIONS UNIT/MEDICAL DIVISION’S ABSENCE CONTROL & INVESTIGATIONS UNIT (continued) NOTE REVISION NUMBER: Conduct a breath test using a PBT device. The supervisor concerned must observe the subject member for at least 20 minutes prior to initiating the test to ensure that the subject member does not engage in any activities that may skew the test results (e.g., eating, drinking, smoking, vomiting, regurgitating, belching). 21. 22. If the reading on the PBT device is less than .02 and there are no related indicia of intoxication (see Additional Data statement for a listing) no further action is required at this time. a. If the reading on the PBT device is less than .02 and the subject member appears to be intoxicated (i.e., there are related indicia of intoxication) or under the influence of a prohibited substance, the supervisor concerned will confer with the Commanding Officer, Personnel Bureau Investigations Unit who will notify the Office of the Chief of Personnel in regard to obtaining authorization to test the subject member using the Intoxilyzer, or to conduct a drug screening test for cause under the procedures contained in P.G. 205-30, “Administration of Drug Screening Tests for Cause.” If the reading on the PBT device is .02 or above, the subject member will be transported expeditiously to the Medical Division’s Lefrak City facility and an immediate notification will be made to Highway I.D.T.U. to respond to the Medical Division to test the subject member using the Intoxilyzer that is maintained at the Medical Division. (It should be emphasized that the Intoxilyzer test at the Medical Division will be conducted by an I.D.T.U. technician.) In the event that alternate arrangements must be made, the Intoxilyzer test will be conducted at the closest I.D.T.U. facility. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-23 a. c. The I.D.T.U. technician will utilize a specially developed form, entitled Ordered Breath Test Instruction Sheet to interview the subject member and a specially developed checklist, entitled Intoxilyzer Operational Checklist to conduct the test. The entire Intoxilyzer testing process, including the reading of the test results, will be videotaped by a member of the Highway District. In cases in which there is an Intoxilyzer reading of .02 or greater, a copy of the videotape will be provided to the supervisor concerned, who will follow all applicable Departmental procedures to safeguard the tape for evidentiary purposes. The supervisor concerned shall carefully record and then take into account the Intoxilyzer reading along with any other related indicia of intoxication in coming to a conclusion that the subject member is apparently unfit for duty. As part of this process, the supervisor should use a blood alcohol level of .04 or greater on the Intoxilyzer as the threshold for a presumption of lack of fitness for duty. If the supervisor concerned has reason to conclude that the subject member is apparently unfit for duty, the supervisor will notify the Commanding Officer, Personnel Bureau Investigations Unit, who will notify the Office of the Chief of Personnel. In addition, the supervisor will be guided by the procedures contained in P.G. 20612, “Removal of Firearms from Intoxicated Uniformed Member of the Service.” If the subject member is determined to be unfit for duty, the I.A.B. Command Center will be notified and a log number will be obtained. 23. ADDITIONAL DATA 7 of 8 The I.D.T.U. technician conducting the test must observe the subject member for at least 20 minutes prior to initiating the test to ensure that the member does not engage in any activities that may skew the test results. b. NOTE PAGE: 08/01/13 DESIGNATED SUPERVISOR, PERSONNEL BUREAU INVESTIGATIONS UNIT/MEDICAL DIVISION’S ABSENCE CONTROL & INVESTIGATIONS UNIT (continued) NOTE REVISION NUMBER: Ensure that the subject member is transported back to his/her residence after all testing, administrative and related matters have been completed. Since most members of the service who will be subject to the provisions of this procedure will be on full duty status with no driving restrictions, the Performance Monitoring Unit will institute procedures to remind the concerned members’ Commanding Officers of the importance of remaining particularly alert to the members’ fitness for duty during the members’ dismissal probation period or the agreed upon period during which the member will be subject to ordered breath testing. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-23 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 8 of 8 INDICIA OF INTOXICATION Face to face observation and interaction with the subject member allows the supervisor concerned to use his or her senses to obtain “evidence” of alcohol intoxication: * * * The sense of sight The sense of hearing The sense of smell * * * * * * Bloodshot eyes Flushed face Soiled, mussed, disarrayed clothing Fumbling (e.g., dropping paperwork, keys etc.) The presence of alcohol containers Physical coordination (e.g., swaying, staggering, unsteady, falling, wobbling, sagging knees, using a wall or furniture as a prop) Unusual actions (e.g., hiccupping, belching, vomiting, fighting, sleepy, urinating) SIGHT * HEARING * * * * * * * Slurred speech Admission of drinking Inconsistent responses Incoherent Abusive language, profanity Antagonistic Unusual statements * * * * Odor of alcohol on breath “Cover Up” odors (e.g., breath spray, mints) Open alcoholic beverages Unusual odors SMELL NOTE: These traits are illustrative; this is not meant to be a complete list of indicia. RELATED PROCEDURES Fitness for Duty (P.G. 203-04) Administration of Drug Screening Tests for Cause (P.G. 205-30) Removal of Firearms from Intoxicated Uniformed Member of the Service (P.G. 206-12) FORMS AND REPORTS Ordered Breath Test Questionnaire (Medical Division Form) Notification Card (Medical Division Form) Intoxilyzer Operational Checklist (Medical Division Form) Ordered Breath Test Instruction Sheet (Medical Division Form) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-24 PERSONAL INFORMATION VIA DEPARTMENT INTRANET DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To provide members of the service the ability to review, confirm and update their personal information as necessary, as well as, annually during evaluation period. PROCEDURE When a member of the service utilizes the Personnel Data Forms Intranet System via the Department Intranet to view and/or update their personal information DEFINITION PERSONAL INFORMATION - Data pertaining to a member of the service (uniformed or civilian), regarding name, address, social condition, emergency notification information, and any other relevant information. MEMBER OF THE SERVICE 1. 2. 3. NOTE If one or both of the menu options are not displayed, this indicates that a change has already been submitted and has not yet been approved or rejected. Additional submissions are not permitted until previous ones have been signed, submitted and processed by the Personnel Data Unit. 4. 5. NOTE Provide accurate and current personal information to the Department immediately upon a change. Access the “Personnel Data Forms” menu when: a. A change in personal information occurs b. Annually, during evaluation period to review and, if necessary, update personal information c. At anytime in order to review the accuracy of personal information, particularly if member believes it to be compromised. Select one of the following two forms from the “Personnel Data Forms” menu: a. Name, Residence and Social Condition b. Emergency Notification. Verify the information appearing on the screen. View the update screen and type any new information into the appropriate fields. Name changes must include supporting documentation (i.e., marriage certificate, court order, etc.). Members of the service must adhere to the Department residency requirements. 6. 7. 8. 9. Confirm the requested changes online. Print and sign two hard copies. Submit both signed hard copies to the operations coordinator and provide supporting documentation for change of name, and/or social condition requests. Login to the online “Personnel Data Forms” menu one month after submitting forms to the operations coordinator to verify updates were accepted or rejected by the Personnel Data Unit and notify the operations coordinator of results. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 203-24 OPERATIONS COORDINATOR REVISION NUMBER: PAGE: 08/01/13 10 11. 12. 13. 14. 15. 16. 17. 18. 2 of 3 Ensure all members of the service review and update their personal information as follows: a. Whenever a change in their personal information occurs b. Annually, during evaluation periods c. Any other time deemed necessary. Ensure that supporting documentation accompanies change of name and/or social condition requests. Assign command serial number to request. Sign both hard copies and ensure copies are signed by the submitting member of the service. Update all pertinent command records (i.e., FORCE RECORD [PD4061431], etc.) and file one of the submitted hard copies in the member’s personal folder. Forward remaining signed hard copy to the Commanding Officer, Personnel Orders Section - Personnel Data Unit, with supporting documentation for name changes. Maintain a list of all previous address and emergency notification changes as well as current personal information of members of the command. Access the Personnel mainframe application PEPR or PEMU, one month after submission of form to verify if the member’s information has been changed in System by the Personnel Data Unit. Contact the Personnel Data Unit if changes have not been made after one month, to verify if submitting member’s updated form(s) have been received. 19. 20. Verify changes in the System and accept or reject changes. Create “rejection letter” if change is rejected, including reason(s) and forward to commanding officer of submitting member. COMMANDING 21. OFFICER Ensure member of the service resubmits information via the Personnel Data Forms Intranet System and submits necessary forms to the operations coordinator for subsequent forwarding to Personnel Data Unit with appropriate captions (e.g., serial numbers, etc.) completed and proper documents, if necessary. PERSONNEL ORDERS SECTION NOTE Name, residence, social condition, or emergency notification changes submitted via the Personnel Data Forms Intranet System will not update the Personnel System until accepted by the Personnel Orders Section. Forms not received by the Personnel Data Unit within ninety days from the date of online entry will be purged from the System and a new submission must be prepared. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 203-24 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 Members of the service officially assigned in an undercover capacity will be unable to access the System and must notify their commanding officer of any change to their personal information. The commanding officer of the undercover will forward a Typed Letterhead with requested changes to the Commanding Officer, Personnel Orders Section. Members of the service may view/update foreign language proficiency or other skills and review or add country of birth by selecting the “View and Update Skills Information and Languages/Review and Add Country of Birth” link and follow the instructions provided. Members of the service may review/update their education information as necessary by selecting the “Education Tracking System” link under “Personnel Data Forms” and forward all necessary documents to the Education Tracking Unit. BENEFICIARY CHANGES Uniformed members of the service must file necessary forms at the Police Pension Fund located at 233 Broadway, New York, NY, 19th Floor. Civilian members of the service must file necessary forms at the Employee Management Division located at One Police Plaza, New York, NY, Room 1014. ADDITIONAL NOTIFICATIONS Health Insurance Section: located at 51 Chambers Street, New York, NY, 3rd Floor. Deferred Compensation Plan: located at 40 Rector Street, New York, NY, 3rd Floor. Members of the service are reminded that it is in their best interests to notify their respective labor union whenever there is a change in name, residence or social condition. RELATED PROCEDURES Residence Requirements (P.G. 203-18) FORMS AND REPORTS FORCE RECORD (PD406-1431) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-25 DEPARTMENT POLICY PROHIBITING RACIAL PROFILING DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 1. Members of the service are reminded that the New York City Police Department is committed both to the impartial enforcement of law and the protection of Constitutional rights. To reinforce these commitments and to ensure all members of the service engage only in constitutionally sound policing practices, the Department prohibits the use of racial profiling in law enforcement actions. Racial profiling is defined as the use of race, color, ethnicity, or national origin as the determinative factor for initiating police action. Members are also reminded that the use of other characteristics such as religion, age, gender, gender identity, or sexual orientation as the determinative factor for taking police action is prohibited. 2. All police-initiated enforcement actions, including, but not limited to, arrests, stop and questions, and motor vehicle stops, will be based on the standards required by the Fourth Amendment of the U.S. Constitution, Article I, Section 12 of the New York State Constitution, Administrative Code section 14-151, and other applicable laws. The law confers on police officers the authority to stop, question, and if warranted, frisk an individual whom a member reasonably suspects has committed, is committing, or is about to commit a felony or Penal Law misdemeanor. Members must be able to articulate the factors which led them to take enforcement action, in particular those factors leading to reasonable suspicion for a stop and question and any subsequent frisk, or probable cause for an arrest. 3. Responding to suspected criminal behavior by stopping and questioning an individual and, if warranted, conducting a frisk is part of a police officer’s job and plays a critical role in reducing and preventing crime. Conducting stops in an unbiased manner fosters and strengthens relationships between police officers and members of the community, and inspires confidence in, and support for, policing efforts. 4. While performing their duties, members are reminded that it is not racial profiling to take into account the reported race, color, ethnicity, national origin, religion, age, gender, gender identity, or sexual orientation of a specific subject in the same way the member would use pedigree information, e.g., height, weight, age, etc., about specific subjects. 5. Commanding officers will continue to ensure that self-inspections are conducted within their commands regarding stop, question, and frisk activity. The Quality Assurance Division will continue to monitor compliance with self-inspection protocols in all of its command inspections and will continue to audit stop, question, and frisk activity Department-wide. The proper exercise of the authority to conduct stop, question, and frisk activity will continue to be included in CompStat review. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Regulations Procedure No: 203-26 EXTENDED LEAVE OF ABSENCE - EDUCATIONAL FELLOWSHIP/ SCHOLARSHIP NOTIFICATION OF INTENT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure that the Department is notified in a timely manner when a member of the service (uniformed or civilian) intends to apply for a specified opportunity that will require an extended leave of absence. DEFINITION ELIGIBILITY - A member of the service (uniformed or civilian) is not eligible to apply for any extended leave of absence with pay for thirty consecutive days or more for an educational fellowship/scholarship or similar opportunity after previously receiving such a leave during his/her career. PROCEDURE When a member of the service (uniformed or civilian) intends to apply for a nonDepartment sponsored educational fellowship/scholarship (e.g., White House Fellowship, Fulbright Award, Kennedy School of Government Scholarship, etc.) or similar opportunity (e.g., United Nations Civilian Policing position [UNCIVPOL], etc.) that will result in a request for an extended leave of absence (paid or unpaid) for thirty consecutive days or more: MEMBER OF SERVICE 1. 2. Prepare a “Request to Attend/Participate,” on Typed Letterhead, detailing the specific nature of the educational fellowship/scholarship (e.g., anticipated leave requirements, deadline for submission of application, etc.). Forward the “Request to Attend/Participate” to the Chief of Personnel, through channels. NOTE Final approval of the “Request to Attend/Participate” must be obtained prior to applying for the non-Department sponsored educational fellowship/scholarship. Failure to do so will result in being denied the leave of absence. CHIEF OF PERSONNEL 3. 4. OFFICE OF THE 5. POLICE COMMISSIONER Forward an acknowledgement of receipt on Typed Letterhead to the requesting member of the service indicating that the “Request to Attend/Participate” has been received and is being processed. Forward the “Request to Attend/Participate,” with endorsements, to the Office of the Police Commissioner for final approval. a. Forward a copy of the “Request to Attend/Participate,” with endorsements, to the Commanding Officer, Office of Management Analysis and Planning for informational purposes. Forward, through channels, approval/disapproval “Request Attend/Participate” to the member of service making the request. NEW YORK CITY POLICE DEPARTMENT to PATROL GUIDE PROCEDURE NUMBER: 203-26 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 Members of the service are urged to submit the “Request to Attend/Participate” well in advance of any application deadline for a non-Department sponsored educational fellowship/scholarship in order to allow ample time for the approval process and the forwarding of any necessary documentation. Approval of the “Request to Attend/Participate” is independent of the individual’s eligibility and selection criteria for the specific educational fellowship/scholarship being sought by the member of the service. It is the policy of the Department to encourage its members to pursue educational opportunities in furtherance of their police careers. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-01 GENERAL UNIFORM REGULATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 UNIFORMS 1. NOTE Recruits wear uniform only after inspected and stamped by Police Academy. 2. 3. 4. 5. NOTE Maintain at own expense articles prescribed for rank, position or duty. Do not modify prescribed uniforms in any manner except as specifically authorized by higher authority. Do not wear distinguishable items of the uniform with civilian clothes. Do not wear uniform, shield or display IDENTIFICATION CARD (PD 416-091) while participating in a rally, demonstration or other public assemblage except as authorized by the Department. Wear uniform of the day. Commanding officers or unit commanders may authorize a specialized uniform only after requesting and receiving approval from the Police Commissioner’s Uniform and Equipment Review Committee. Submit requests to the Office of the Chief of Department: Att: Uniform and Equipment Sub-Committee. a. Wear uniform when directed, if assigned to the Detective Bureau or to duty in civilian clothes. Detectives, when assigned to duty in uniform, will wear prescribed police officer's uniform with gold cap device and appropriate collar insignia. 6. 7. 8. 9. 10. While performing duty indoors, in uniform, wear regulation seasonal shirt and trousers. Wear the prescribed uniform, if regularly assigned to duty in uniform, when appearing in court, the Trial Room or at the office of a ranking officer above the rank of captain, except if off duty, on sick report, or if excused by competent authority. Purchase regulation service holsters, caps, raingear and all items of uniform which are sewn or attached to the uniform, from the Equipment Section or other authorized supplier. Necessary uniform changes, other than those listed in step 10, will be made as directed by the lieutenant platoon commander/counterpart. a. The lieutenant platoon commander/counterpart shall authorize the removal, if desired, of the duty jacket/summer blouse whenever the temperature for a specific tour is expected to rise above 65 degrees Fahrenheit. b. The lieutenant platoon commander/counterpart shall authorize the wearing of the optional short sleeve shirt whenever the temperature for a specific tour is expected to rise above 70 degrees Fahrenheit. Remove summer blouse/duty jacket while performing duty in uniform between May 1 and November 1, if desired. a. The following OPTIONAL uniform items may be worn between June 1 and October 1: (1) Short sleeve shirt (without tie), and; (2) Summer cap. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-01 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 2 During the period of June 1 to October 1, police officers and detectives performing subway patrol duties in uniform shall have the option of wearing the uniform cap. Transit Bureau police officers and detectives who are assigned to subway patrol duty for their entire tour also have the option of wearing the summer uniform described below between June 1 and October 1. a. b. c. d. UNIFORMS (continued) 11. 12. 13. Regulation NYPD blue short sleeve uniform shirt. Cargo style shorts, as available in the Equipment Section. Shorts will be hemmed to a length to the top of the knee. Black leather uniform athletic shoe, lace-up style ONLY, with no visible logos or markings. Either high-cut or low-cut style is authorized, however, the shoe should have no more than five shoelace grommets/attachments. Black cotton crew socks, worn fully extended, length at least three inches but no more than five inches above outermost anklebone. Socks must be visible. Do not wear gloves or suspenders when summer blouse is removed. Wear authorized breast bars at all times while in uniform unless directed otherwise as in step 13 below. Wear medals, decorations and authorized insignia at Department meetings, ceremonies and while marching in parades. (Do not wear a medal and corresponding breast bar at the same time). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-02 UNIFORM CLASSIFICATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 DRESS UNIFORM To be worn for ceremonies, promotions, funerals, etc.: NOTE A white shirt shall be worn by those uniformed members attending the funeral of a member assigned to the same command. PATROL UNIFORM To be worn when on patrol: SUMMER (CLASS A) 8 POINT CAP SUMMER BLOUSE LONG SLEEVE SHIRT & TIE DRESS TROUSERS SHINY (HIGH GLOSS) SHOES WHITE GLOVES DUTY BELT (OPTIONAL) SUMMER (CLASS B) 8 POINT CAP LONG SLEEVE SHIRT & TIE DUTY TROUSERS BLACK SHOES BLACK BOOTS (OPTIONAL) V-NECK SWEATER (OPTIONAL) WINTER (CLASS A) 8 POINT CAP WINTER COAT LONG SLEEVE SHIRT & TIE DRESS TROUSERS SHINY (HIGH GLOSS) SHOES WHITE GLOVES DUTY BELT (OPTIONAL) WINTER (CLASS B) 8 POINT CAP WAIST/HIP LENGTH DUTY JACKET LONG SLEEVE SHIRT AND TIE OR TURTLE NECK SHIRT DUTY TROUSERS BLACK SHOES BLACK BOOTS (OPTIONAL) BLACK GLOVES SUMMER (CLASS C) 8 POINT CAP SHORT SLEEVE SHIRT (NO TIE) DUTY TROUSERS BLACK SHOES BLACK BOOTS (OPTIONAL) ADMINISTRATIVE UNIFORM To be worn when performing administrative duties in uniform: NOTE Uniform is to be assigned by unit/lieutenant platoon commander. In the event of a detail, etc., uniform is to be assigned by the detail commander. Detail personnel will be advised of the uniform when assigned, but will have appropriate uniform available for inclement weather. SUMMER (CLASS D) (NO CAP) SHORT SLEEVE SHIRT (NO TIE) DUTY TROUSERS BLACK SHOES DUTY BELT (OPTIONAL) WINTER (CLASS D) (NO CAP) LONG SLEEVE SHIRT & TIE DUTY TROUSERS BLACK SHOES DUTY BELT (OPTIONAL) V-NECK SWEATER (OPTIONAL) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-03 UNIFORMS DATE ISSUED: DATE EFFECTIVE: 08/01/13 DUTY UNIFORM REVISION NUMBER: PAGE: 08/01/13 1 of 7 UNIFORMS MUST CONFORM WITH EQUIPMENT SECTION SAMPLES POLICE OFFICER CAP Navy blue, black strap and chrome cap device bearing shield number. DUTY JACKET Waist length, navy blue, nylon, with zip-out Thinsulate® lining, knit wristlets and waistband, and zip side vents, OR Hip length, navy blue, nylon, with zip-out Thinsulate® lining, concealed zipper front, gilt buttons, and zip side vents. Either of these jackets may be worn by ALL uniformed members of the service performing patrol duty in uniform. NYLON WINDBREAKER JACKET Navy blue 100% nylon, sport collar style jacket with front snap closures. The front and back of the jacket must each be divided into two parts by one inch reflective tape. The jacket will have three inch high reflective letters “POLICE” affixed on the front, ¼ inch below the reflective tape. On the rear of the jacket, the letters “NYPD” shall be 3 ½ inches tall and the letters “POLICE” (affixed ½ inch below “NYPD”), shall be two inches high, both made of a reflective material, one inch above the reflective tape. A two inch reflective tape shall be set on the center of both sleeves. The Department logo (patch) will be affixed to each sleeve, one inch below the shoulder seam, on top of the reflective tape. NAMEPLATE Worn on outermost garment, centered ¼ inch below shield. (Do not wear nameplate on raincoat). Nameplates for police officers are white metal; ranking officers and detectives will wear yellow metal. SHIRT NYPD dark blue, military type, polyester/rayon with appropriate service stripes/hash marks, similar to sample sold at the Equipment Section. Authorized shirts will have a label affixed on the inside of the shirt between the fourth and fifth buttons that states: “Approved NYPD, Certification #.” TIE Navy blue, breakaway type. TIE CLASP Regulation NYPD. BELT Black leather, 1 ½ inches wide with gunmetal buckle. DUTY TROUSERS Navy blue, (polyester and wool) with ½ inch braid attached. SHOES/SOCKS Black, plain, smooth leather with flat soles and raised heels, or black high gloss shoes, except that material other than leather or high gloss plastic may be used for portion of ankle support shoe that is not visible below the pants leg. In addition, shoes commonly referred to as the “secret sneaker” are also permissible, provided that they generally conform in appearance to the regular duty shoe. These shoes will be on display at the Equipment Section. BLACK LEATHER JOGGING SHOES, SNEAKERS OR SHOES WITH VISIBLE LETTERING ARE NOT AUTHORIZED WEAR. ONLY black socks will be visible when performing duty in uniform. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-03 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 7 Black, high gloss shoes must be worn at occasions that require the dress uniform as directed by the Chief of Department, such as promotions, ceremonies and funerals. However, the regulation uniform shoe may be worn on occasions that require prolonged standing or walking, such as parades and street fairs. Uniformed members of the service assigned to Emergency Service Unit, Highway District, Harbor, Mounted Unit, etc., will wear appropriate footwear when performing duty in work or specialized uniforms. GLOVES Black Leather Spectra-lined; Worn at all times with duty jacket or winter coat, except when impractical, when safety may be jeopardized, or while in Department vehicle. White cotton Worn between 0800 and 1800 hours. NOT to be worn with duty jacket or while carrying baton. Traffic Duty Plain white wool (not required to be worn while performing RMP duty but must be available for use). INCLEMENT WEATHER GEAR Regulation black rubber reflective or reversible black/orange raincoat with reversible black or orange cap cover, hood and leggings. Shield will be fastened on the raincoat over left breast, and cap device on the cap cover. (Wearing of leggings, cap cover, hood, solid black overshoes or solid black rubber boots is optional). DRESS UNIFORM Winter Summer Trousers Shoes Gloves Cap NOTE Winter coat (navy blue fingertip length coat with regulation gilt [gold] buttons), uniform shirt and tie, OR Summer blouse (navy blue with regulation gilt [gold] buttons and shoulder straps) worn with regulation uniform shirt and tie, OR blue long-sleeve regulation shirt with tie and tie clasp, when directed. Navy blue serge with appropriate braid on trouser leg. Black, high gloss (manufactured by using the poromeric or clarino process) lace type oxford shoes with flat soles and raised rubber heels, black socks. Black leather/white cotton, as appropriate. Navy blue, black strap, chrome cap device. Ranking officers will conform to the dress uniform described above, as appropriate for their rank. Captains and above may wear the optional all weather dress uniform coat in place of the winter coat. The bureau chief concerned will make appropriate seasonal changes in dress uniform. Pregnant uniformed members of the service, who are in their twentieth week of gestation or earlier, if necessary, will wear business attire and display their IDENTIFICATION CARD (PD416-091) on their outermost garment. Proper business attire will conform with that worn to other official appearances, such as post-arraignment court appearances, professional career interview, etc. DETECTIVE Uniform is the same as required for police officer, EXCEPT: CAP Gilt (gold) cap device (without shield number). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-03 REVISION NUMBER: PAGE: 08/01/13 3 of 7 SERGEANT Uniform is the same as required for police officer, EXCEPT: CAP Gilt (gold) cap device (without shield number) and gilt (gold) chinstrap. TROUSERS 1 ¼ inch braid attached. SHIRT, LONG SLEEVE Dark blue, long sleeve uniform shirt with epaulettes, chevrons, two patches and appropriate service stripes/hash marks. Uniform long sleeve shirts may be worn with or without outer garment, when authorized, and will always be worn with regulation tie, tie clasp, and command numerals, as required, on collar. SHIRT, SHORT SLEEVE (OPTIONAL) Dark blue, short sleeve uniform shirt with epaulettes, chevrons, two patches and optional longevity bar may be worn in place of long sleeve uniform shirt, when authorized. Command numerals, as required, will be worn on collar. Regulation tie and tie clasp will not be worn with short sleeve shirt and undershirt will not be exposed at the collar. INSIGNIA OF RANK Three pointed chevrons, worn on sleeves of all outer garments except raingear. LIEUTENANT Uniform is the same as required for sergeant EXCEPT: CAP Frame is covered with black mohair braid. INSIGNIA OF RANK Gilt (gold) bar, worn on: a. Shoulders of duty jacket, summer blouse and winter coat. b. Collar of regulation shirt. WINTER COAT Designated as follows: a. Shoulder straps b. 1 ¼ inch black mohair braid on sleeves c. Three gilt (gold) buttons on cuffs. SUMMER BLOUSE Designated as follows: a. 1 ¼ inch black mohair braid on sleeves b. Three gilt (gold) buttons on cuffs. SHIRT, LONG SLEEVE White, long sleeve uniform shirt without chevrons. Miniature insignia of rank will be worn on collar. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-03 REVISION NUMBER: PAGE: 08/01/13 4 of 7 SHIRT, SHORT SLEEVE (OPTIONAL) White, short sleeve uniform shirt without chevrons. Miniature insignia of rank will be worn on collar. NOTE When attending meetings, conferences, ceremonies, and similar events, long sleeve uniform shirt and tie and/or summer blouse, as appropriate, will be worn. CAPTAIN Uniform is the same as required for lieutenant, EXCEPT: ALL WEATHER UNIFORM COAT OPTIONAL - Navy blue, double breasted trench coat. Authorized for use by captains and above. Garment must be converted for uniform use by adding insignia on the shoulder straps, two Police Department patches on the upper right and left sleeves, replace the eight buttons with eight large NYPD yellow metal buttons, and add two small yellow metal buttons to the shoulder straps. INSIGNIA OF RANK Two gilt (gold) bars, worn in the same manner as lieutenant’s insignia. WINTER BLOUSE OPTIONAL - Navy blue, similar in appearance to the summer blouse; made of heavier material; affords access to service revolver and other items worn on belt; may be used with a zip-in “Thinsulate” lining. NOTE Captains and above will not affix service stripes/hash marks on their uniforms. DEPUTY INSPECTOR Uniform is the same as required for captain, EXCEPT: INSIGNIA OF RANK Gilt (gold) oak leaf, to be worn with oak leaf stems pointing away from individual wearing them to the left and right. CAP Frame covered with black velvet. INSPECTOR Uniform is same as required for deputy inspector, EXCEPT: INSIGNIA OF RANK Gilt (gold) spread eagle. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-03 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 7 DEPUTY CHIEF Uniform is same as required for inspector, EXCEPT: INSIGNIA OF RANK One gilt (gold) star worn in the same manner as inspector’s insignia. CAP Gilt (gold) spray design on cap visor. UNIFORM COAT Sleeves have two bands of black mohair braid. SUMMER BLOUSE Sleeves have two bands of black mohair braid. ASSISTANT CHIEF Uniform is same as deputy chief, EXCEPT: INSIGNIA OF RANK Two gilt (gold) stars, worn in same manner as deputy chief. BUREAU CHIEFS Chief of Patrol, Chief of Housing, Chief of Transit, Chief of Detectives, Chief of Organized Crime Control, Chief of Personnel and Chief of Internal Affairs. Uniform is same as assistant chief, EXCEPT: INSIGNIA OF RANK Three gilt (gold) stars worn in the same manner as assistant chief’s insignia. CHIEF OF DEPARTMENT Uniform is same as required for assistant chief, EXCEPT: INSIGNIA OF RANK Four gilt (gold) stars worn in the same manner as assistant chief’s insignia. NOTE Uniformed members of the service assigned to specialized units, i.e., Mounted, Harbor, Highway, Emergency Service, Aviation, etc., will wear the prescribed duty (work) uniform as approved by the Uniform Committee. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-03 REVISION NUMBER: PAGE: 08/01/13 6 of 7 INSIGNIA OF RANK AND SHIELD RANK AND INSIGNIA SHIELD CHIEF OF DEPARTMENT BUREAU CHIEF ASSISTANT CHIEF DEPUTY CHIEF INSPECTOR NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-03 REVISION NUMBER: PAGE: 08/01/13 DEPUTY INSPECTOR CAPTAIN LIEUTENANT SERGEANT DETECTIVE No Insignia POLICE OFFICER No Insignia NEW YORK CITY POLICE DEPARTMENT 7 of 7 PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-04 OPTIONAL UNIFORM ITEMS DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 3 OPTIONAL UNIFORM ITEMS MAY BE WORN AT THE DISCRETION OF UNIFORMED MEMBERS OF THE SERVICE, WHEN AUTHORIZED BY THE BUREAU CHIEF CONCERNED. AMMO POUCHES Twin pocket cartridge case with twelve cartridges only for members armed with revolver as a service weapon. BLOUSE Navy blue, lightweight, tropical worsted conforming to design of regulation summer blouse. Authorized for ranking officers. SUMMER CAP Navy blue, tropical worsted, with lightweight perforated frame, for all uniformed members of the service ONLY during summer months. EAR MUFFS Black, headband type. NAMEPLATE HOLDER Black leather designed to affix shield and nameplate. SHIRT, SHORT SLEEVE Navy blue, affixed with a label located on the inside of the shirt between the fourth and fifth buttons that states “Approved N.Y.C.P.D. Certification #.” May be worn by uniformed members below the rank of sergeant in place of regulation long sleeve uniform shirt when authorized. Tie may not be worn with this shirt and undershirt MUST NOT be exposed at collar or sleeves. GOLF TYPE SHIRT Navy blue pullover, placket front shirt constructed of one hundred percent cotton knit cloth; shield patch affixed to the left side of chest; name/shield number patch affixed to the right side of chest; letters “NYPD” printed across the back and PD patches on both sleeves. Authorized for wear by members of the service assigned to the Harbor Unit or to precinct bicycle patrol duty and other members as authorized by the Police Commissioner, as part of the summer uniform. A name/shield patch will be sewn on the right side of each shirt purchased and will be ordered through the Equipment Section. NOTE The golf shirt will be used as an outer garment when a short sleeve shirt is authorized and is not to be worn with the duty jacket. TROUSERS, SUMMER Navy blue, lightweight, tropical worsted - may be worn by ALL uniformed members of the service. TROUSERS, WINTER Navy blue whipcord - may be worn by ALL uniformed members of the service. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-04 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 3 NYPD PATROL TACTICAL PANTS NYPD Patrol Tactical Pants may be worn by ALL ranks of uniformed members of the service on patrol, during court appearances and details, and by members permanently or temporarily assigned to headquarters security. NOTE NYPD Patrol Tactical Pants are not authorized for members of the service performing any assignment other than patrol, i.e. recruit level training, administrative duties (desk, T/S or borough commands) or members assigned to Police Headquarters. Members of the service will also comply with instructions contained in detail notifications regarding the required uniform of the day. TURTLE NECK SHIRT Navy blue pullover turtle neck shirt constructed of plaited rib knit cloth; N.Y.P.D. emblem embroidered on the left side of chest; letters “N.Y.P.D.” embroidered on the collar. NOTE The turtle neck shirt shall not be used as an outer garment but may be worn under the duty jacket. It may be worn by members of all ranks when performing duty in uniform. Not to be worn when representing the Department at any function or when attending administrative meetings. If during the course of a tour a member of the service removes the duty jacket, whether due to a change of assignment or other reasons, the regulation shirt and tie shall be worn. WINTER HAT Black soft vinyl with black mouton trimming for use by ALL uniformed members of the service. To be worn only when temperature is expected to fall below 32 degrees Fahrenheit. QUILTED VEST Navy blue quilted bullet resistant vest panel carrier may be worn by ALL ranks of uniformed members of the service. It may not be worn as an outermost CARRIER garment and may only be worn from November 1 to May 1. NOTE The quilted vest carrier is only authorized for the following Second Chance Monarch Summit bullet resistant vest panel models: MON-IIIA 107121, MON-IIIA FEM 208010, MON-IIIA++ 305020 and MON-IIIA++ FEM 301240 and can ONLY be purchased from the Equipment Section. COLD WEATHER HOOD Black, made of a thin fabric such as Polar-Tec, silk, micro fiber or fleece, which fits close to the head, fully exposing the face and presents a trim appearance, without bulk, when the uniform hat is worn over it. This hood (known as a “balaclava”) is authorized for members of all ranks performing patrol duties outdoors. To be worn only when temperature falls below 40 degrees Fahrenheit. NOTE Hoods made of bulky yarns or double knits and those styles which cover any part of the nose, cheeks or mouth are prohibited. The authorized hood must be worn along with the uniform hat and will never be the outermost head covering. It will never be worn while riding in a Department vehicle. EYEGLASS SAFETY STRAPS Uniformed members of the service who wear glasses and are assigned to enforcement duty are strongly urged to utilize black eyeglass safety straps. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-04 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 TRANSIT OFFICER SAFETY VEST Fluorescent orange with reflective silver trim with the word “POLICE” on the front and back, manufactured with a break away safety feature. To be worn by uniformed members of the service performing duties in areas that are deemed to be hazardous or that may require them to enter roadbeds or track areas within the New York City Transit System. BLACK BOOTS Plain black smooth leather with plain or lugged soles and raised heel. Grommets and laces will be black, and no buckles or hooks will be visible below the pants leg. May be worn by all uniformed members of the service on patrol. NYLON WINDBREAKER JACKETS Navy blue 100% nylon, sport collar style jacket with front snap closures. The front and back of the jacket must each be divided into two parts by one inch reflective tape. The jacket will have three inch high reflective letters “POLICE” affixed on the front, ¼ inch below the reflective tape. On the rear of the jacket, the letters “NYPD” shall be 3 ½ inches tall and the letters “POLICE” (affixed ½ inch below “NYPD”), shall be two inches high, both made of a reflective material, one inch above the reflective tape. A two inch reflective tape shall be set on the center of both sleeves. The Department logo (patch) will be affixed to each sleeve, one inch below the shoulder seam, on top of the reflective tape. NOTE Commanding officers wishing to obtain permission for their members to be allowed to wear approved nylon jackets will prepare a Typed Letterhead, addressed to bureau chief/counterpart, through channels, stating reasons for requiring jackets. BASEBALL CAP Navy blue with white letters “NYPD” embroidered on front, worn by on-duty uniformed members of the service performing duty in civilian clothes. V-NECK SWEATER Navy blue, acrylic or wool, waist length, vertical ribbed weave knit sweater with navy blue poly/cotton twill or cordura patch material over elbows, left breast and epaulets. Gold buttons on pointed epaulets. The Department logo (patch) will be affixed to each sleeve. NOTE The V-neck sweater may be worn as an outer garment with the regulation tie and uniform shirt with command insignia or insignia of rank on collar of the shirt, as appropriate. Sergeants will wear chevrons on sweater sleeves. Members in the rank of lieutenant or above will also display insignia of rank on epaulets. Metal insignia may be worn on epaulets. Alternatively, epaulets with cloth rank insignia may be worn and will be made available at the Equipment Section. The sweater must be tucked inside the trousers. This sweater is approved for all ranks. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-05 PURCHASE AND INSPECTION OF NEW UNIFORMS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PURPOSE To control the quality and workmanship of police uniforms. PROCEDURE Upon ordering uniforms at an authorized tailor: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. COMMANDING 6. OFFICER 7. PAGE: 08/01/13 1 of 1 Fill out the following forms: a. CERTIFICATION AND ACCEPTANCE OF ORDER FOR UNIFORMS (PD169-061) b. CERTIFICATION AND ACCEPTANCE OF ORDER INSPECTION REPORT OF EQUIPMENT SECTION (PD169-062) c. EQUIPMENT SECTION INSPECTION REPORT MANDATORY PROCUREMENT OF UNIFORM (PD169-131). Have the tailor’s representative sign forms. Deliver the CERTIFICATION AND ACCEPTANCE OF ORDER FOR UNIFORMS to commanding officer for file. Obtain completed uniform from tailor and bring to Equipment Section for inspection. Obtain EQUIPMENT SECTION INSPECTION REPORT MANDATORY PROCUREMENT OF UNIFORM form and deliver to commanding officer. Compare forms: a. CERTIFICATION AND ACCEPTANCE OF ORDER FOR UNIFORMS, AND b. EQUIPMENT SECTION INSPECTION REPORT MANDATORY PROCUREMENT OF UNIFORM. Destroy both forms when all ordered uniforms have been inspected. RELATED PROCEDURES Uniform Classifications (P.G. 204-02) Uniforms (P.G. 204-03) FORMS AND REPORTS CERTIFICATION AND ACCEPTANCE OF ORDER FOR UNIFORMS (PD169-061) CERTIFICATION AND ACCEPTANCE OF ORDER - INSPECTION REPORT OF EQUIPMENT SECTION (PD169-062) EQUIPMENT SECTION INSPECTION REPORT - MANDATORY PROCUREMENT OF UNIFORM (PD169-131) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-07 LOST OR DAMAGED UNIFORM DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 3 PURPOSE To reimburse uniformed members of the service for uniforms or equipment damaged or lost in the performance of police duty as well as personal clothing or prescription eyeglasses/contact lenses damaged or lost during extraordinary police action (e.g., pursuit or physical altercation with a suspect, rescues, etc.). PROCEDURE When an article of uniform or equipment is damaged or lost in the performance of police duty or personal clothing or prescription eyeglasses/contact lenses are damaged or lost during extraordinary police action: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. NOTE Prepare report on Typed Letterhead, addressed to the Deputy Commissioner, Management and Budget, within thirty days from the date of incident and state: a. How and when loss or damage occurred b. Date of purchase and cost of article (1) Attach copy of receipt if available. Attach statement of witnesses, if any. Ascertain if article can be repaired. a. Obtain copy of estimated cost for repair, OR b. Copy of statement determining that item is damaged beyond repair. Present damaged article, unrepaired, to the commanding officer with report and appropriate documentation from steps 1 through 3 above. Report must be signed and submitted within thirty days by member requesting reimbursement, unless member is incapacitated, in which case, supervisory officer will state so in report, sign and submit within thirty days. COMMANDING 5. OFFICER 6. Investigate and endorse report, including: a. Facts are as stated in application. b. Whether damage or loss was incurred in the performance of police duty, or for personal clothing, occurred during an extraordinary police action. c. Statement that damaged article has been inspected by commanding officer. d. Statement that article is repairable or beyond repair. e. Statement that member was authorized to be attired in civilian clothing at the time of incident, if the request involves personal clothing. f. Recommendation to approve or disapprove request. Forward report to Deputy Commissioner, Management and Budget: a. Direct – if cost of repair or replacement is less than $100. b. Through channels – if cost of repair or replacement is $100 or more. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-07 REVISION NUMBER: PAGE: 08/19/13 2 of 3 C.O., NEXT HIGHER COMMAND (If applicable) 7. 8. 9. Review report. Indicate recommendation to approve/disapprove request. If approved, forward report through channels to Deputy Commissioner, Management and Budget. DEPUTY COMMISSIONER, MANAGEMENT AND BUDGET 10. Review report and recommendations. FOR ITEMS WHICH CANNOT BE PURCHASED AT THE EQUIPMENT SECTION: DEPUTY COMMISSIONER, MANAGEMENT AND BUDGET 11. Forward report to Director, Audits and Accounts Unit. AUDITS AND ACCOUNTS UNIT 12. 13. Review the report for necessary documentation and required approvals. Determine the reimbursement amount to be paid to the member based upon current cost, less depreciation for age or wear. a. Forward a check to the member of the service who initiated the claim. FOR ITEMS SOLD IN THE EQUIPMENT SECTION: DEPUTY COMMISSIONER, MANAGEMENT AND BUDGET 14. UNIFORMED MEMBER OF THE SERVICE 16. 15. 17. EQUIPMENT SECTION 18. 19. Prepare report on Typed Letterhead stating items authorized to be replaced. Forward report as follows: a. Original to member of the service concerned b. Copy to Equipment Section c. Copy to Audits and Accounts Unit d. Copy to Deputy Commissioner, Management and Budget for file. Upon receipt of report authorizing replacement of lost or damaged uniform or equipment, telephone the Equipment Section to determine whether item(s) is in stock. Present report to Equipment Section personnel and obtain replacement item(s). Issue the authorized item(s) to member concerned. Submit a detailed report to the Director, Audits and Accounts Unit of replacement item(s) disbursed for the previous month, by the fifth day of the succeeding month. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-07 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 3 of 3 All settlements are non-transferable and MUST be executed within one hundred and eighty days of approval by the Deputy Commissioner, Management and Budget. ADDITIONAL DATA The Department does not reimburse members of the service for loss of, or damage to, personal articles, e.g., jewelry, rings, bracelets, etc., with the exception of watches. While uniformed members of the service performing patrol duty must be equipped with a serviceable watch, such members should be aware that a maximum of $75.00 has been established as a reasonable amount for reimbursement, if the watch is lost or damaged. Uniformed members of the service may require prescription eyeglasses/contact lenses in order to optimally perform their duties. In those instances where prescription eyeglasses/contact lenses are lost or damaged in the performance of extraordinary police duties, members should be aware that a maximum of $100.00 has been established as a reasonable amount for reimbursement. Uniformed members authorized to perform duty in civilian clothes who sustain damage to their personal clothing in the furtherance of extraordinary police action should be aware that the following limits (in consideration of depreciation) have been established as reasonable for reimbursement. Jacket/Coat Suit Jacket Dress Dress pants Footwear Skirt Other pants (jeans, shorts, etc.) Dress shirt/blouse Other shirts (sweat shirt, t-shirt, etc.) Other $100.00 $100.00 $100.00 $75.00 $75.00 $50.00 $45.00 $40.00 $20.00 As determined by Audits and Accounts Unit RELATED PROCEDURES Collisions - Private Vehicles Authorized for Police Use (P.G. 217-07) Required Firearms / Equipment (P.G. 204-09) Private Vehicles Authorization (A.G. 325-14) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-08 FIREARMS GENERAL REGULATIONS DATE ISSUED: 08/01/13 EQUIPMENT FIREARMS 1. 2. NOTE REVISION NUMBER: PAGE: 08/01/13 1 of 3 Be armed at all times when in New York City, unless otherwise directed, or except as provided in item 2 below, with: a. Service revolver/pistol or off duty revolver/pistol as specified in P.G. 204-09, “Required Firearms And Equipment.” Be unarmed at own discretion while off duty when: a. Possession of firearm, under the circumstances, would unnecessarily create a risk of loss or theft of the firearm, i.e., participation in sporting activities, attendance at beach and pool, etc., OR b. On vacation, OR c. Engaged in authorized off duty employment, OR d. Engaged in any activity of a nature whereby it would be advisable NOT to carry a firearm, OR e. There is a likelihood that member will be consuming alcoholic intoxicants. In those instances in which an off duty uniformed member is required to carry a firearm, the member concerned MUST CARRY either the regulation service revolver or pistol, or an authorized off duty revolver or pistol. A uniformed member who performs undercover duty and who has been authorized to carry a special weapon (see A.G. 305-05, “Authorization for Special Weapons”) is permitted to carry the special weapon in lieu of the regulation firearms specified in P.G. 204-09 while off duty. The carrying of these firearms while off duty applies within the City and State of New York and also in those states outside New York State which permit visiting police officers to carry firearms within their state boundaries by virtue of their status as police officers. 3. 4. 5. 6. NOTE DATE EFFECTIVE: Record all revolvers and pistols on FORCE RECORD (PD406-143). a. Service revolvers/pistols, and off duty revolvers/pistols must conform to the specifications and standards of the Firearms and Tactics Section, Police Academy. Do not modify revolvers or pistols without written permission of the Commanding Officer, Firearms and Tactics Section. a. Modifications permitted will be entered on FORCE RECORD. Have service revolvers/pistols, and off duty revolvers/pistols not purchased at the Equipment Section inspected and tested by a Firearms and Tactics Section gunsmith prior to use. Carry handguns (gun collections, etc.), other than service and off duty guns, only while enroute to or from practice range or similar activity. When carrying such weapons, member must be armed with an authorized on duty or off duty firearm. The firearm being transported that is not authorized for on duty or off duty use shall be unloaded. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-08 EQUIPMENT FIREARMS (continued) 7. 8. 9. 2 of 3 Safeguard weapons at all times. Do not store or leave firearm in an unattended motor vehicle. Do not carry firearms in briefcases, handbags, fanny packs, hip packs, tote bags, knapsacks, paper bags or similar devices. Carry firearms, on the person, in an appropriate holster specifically designed to afford maximum protection against loss of weapon. All holsters, regardless of type, style, or design (i.e., ankle, shoulder or belt holster) must be specifically designed for the weapon being carried. “One size fits all,” “Clipon,” and “belly band” holsters are prohibited. 11. 12. 13. NOTE PAGE: 08/01/13 10. NOTE REVISION NUMBER: Use only approved Department issued ammunition for use in revolvers/pistols. For members authorized to carry service revolver - Ensure that cylinder is fully loaded with appropriate ammunition. Maintain twelve rounds of ammunition in two speedloaders on duty belt. a. Keep twelve extra rounds of ammunition in locker at primary place of duty or on the duty belt in two ammo pouches. For members authorized to carry 9MM pistol - Ensure that one round of ammunition is in the chamber and fifteen rounds in the magazine at all times. a. Maintain fifteen rounds in each of the two magazines carried on the duty belt. Those uniformed members of the service authorized to carry specialized undercover firearms as per A.G. 305-05, “Authorization for Special Weapons,” will also ensure that the maximum number of rounds are loaded in each magazine, and that a round is loaded in the chamber of the weapon, as applicable. 14. 15. 16. Comply with P.G. 205-03, “Responsibility For Weapons While Sick,” if member expects to go on extended sick leave. Carry ONLY authorized firearms when on duty. a. Permission of commanding officer is required PRIOR to carrying special weapons while performing duty (see A.G. 305-05, “Authorization For Special Weapons”). Do not enter Family Court or Supreme Court Matrimonial Parts while armed if involved, OTHER THAN AS ARRESTING OFFICER OR ON OFFICIAL BUSINESS, in Family Court case or Supreme Court matrimonial case. a. Safeguard firearms at a location other than Family Court or Supreme Court OR if within New York City, the member concerned may elect to deliver firearm to desk officer of precinct in which Family Court or Supreme Court is located. b. Uniformed member of the service present at Family Court or Supreme Court as an arresting officer or on official business will report to the court officer supervisor and sign the Law Enforcement Officer log. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-08 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 All uniformed members of the service, unless they are on official business or personally participating in a sporting event requiring the use of a firearm, such as hunting or competitive shooting, are prohibited from carrying on their person, or transporting in their luggage, or by another means of conveyance, their service, off-duty or other firearm into a foreign country. Members of the service traveling to a foreign country in order to personally participate in a sporting event requiring the use of a firearm, are required to comply with all applicable rules and regulations regarding firearms of the country they are entering. Failure to comply will result in disciplinary action and possibly subject the uniformed member to criminal penalties and/or weapon confiscation. Uniformed members of service will adhere to P.G. 212-83, “Leaving City on Official Business” and A.G. 32018, “Official Trips by Department Representatives,” when leaving New York City on official business. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-09 REQUIRED FIREARMS/EQUIPMENT DATE ISSUED: 08/01/13 REQUIRED EQUIPMENT REVISION NUMBER: PAGE: 08/01/13 1 of 5 Lieutenants, sergeants, and police officers performing patrol duty in uniform are required to carry or wear the following equipment, as authorized or indicated: 1. NOTE DATE EFFECTIVE: Regulation Service Revolver - Spurless hammer; double action only; .38 calibre, with three or four inch barrel; military (Patridge) sights; matte stainless steel finish; checkered, hardwood grips or authorized rubber grips which do not interfere with the use of speedloaders. The following conform to the above specifications and may be carried by authorized uniformed members as service and off duty weapons: a. Smith & Wesson, Military and Police, model 64 NY-1 (3” or 4” barrel models) b. Ruger - GPNY (3” or 4” barrel, stainless steel) c. Ruger - Speed Six (3” barrel, stainless steel) d. Ruger - Police Service Six (stainless steel - [discontinued by manufacturer]). Uniformed members of the service who possess the revolvers described below may continue to use them as authorized service/off duty revolvers, provided such revolvers were owned by the member prior to July 1, 1987: a. Smith & Wesson, Military and Police, Model 10 (4”) b. Colt, Official Police c. Colt, Metropolitan Mark III d. Dan Wesson, Model 11, Fixed Barrel e. Ruger, Police Service Six f. Smith & Wesson or Colt .38 Special revolver with a 3” barrel, and military (Patridge) sights. The revolvers listed in this NOTE have a blued or parkerized finish with both double and single action capability, all steel frame (no air weight or alloy), and standard hardwood or authorized rubber grips. 2. NOTE Authorized Off Duty Revolver - Spurless hammer; double action only; .38 calibre, with a barrel at least two inches, but not more than four inches in length; military (Patridge) sights; matte stainless steel finish; standard checkered, hardwood grips or authorized rubber grips which do not interfere with the use of speedloaders. The following conform to the above specifications and may be carried by authorized uniformed members as off duty weapons: a. Ruger SPNY, Smith and Wesson Model 640 b. Smith and Wesson 64 NY-1 The Ruger Speed Six, three inch barrel (stainless steel) conforms to the above specifications but is no longer manufactured. Off duty revolvers with frames made of lightweight metals, such as aluminum, aluminum alloy, etc., are not authorized for use by uniformed members of the service. The Smith and Wesson Model 60, and Model 60 NY1 spurless hammer model are not authorized for off duty use. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-09 NOTE (continued) REVISION NUMBER: PAGE: 08/01/13 2 of 5 Uniformed members who possess Smith and Wesson, Colt or Ruger revolvers, with a barrel of at least two inches, but not more than four inches in length, with military (Patridge) sights, may continue to use them as authorized off duty revolvers, provided such revolvers were owned by the member concerned prior to July 1, 1987 or, for former members of the Transit Police Department, prior to April 2, 1995. Uniformed members purchasing new or replacing lost/stolen service or off duty revolvers will purchase the spurless hammer, double action only models as specified in step 1, subdivisions a through d, and step 2, subdivisions a and b. REQUIRED EQUIPMENT (continued) 3. 4. NOTE Regulation Service 9MM, Semi-Automatic Pistol - The following conform to the Department's requirements and may be carried by authorized uniformed members as service and off duty weapons: a. Glock – Model 19 b. Smith & Wesson – Model 5946 c. Sig Sauer – Model 226. Authorized Off Duty 9MM, Semi-Automatic Pistol - The following conform to the Department's requirements and may be carried by authorized uniformed members as off duty weapons: a. Smith & Wesson 3953TSW b. Smith & Wesson 3914DAO c. Kahr K-9 (no new purchases or transfers after February 17, 2006) d. Glock Model 26 e. Beretta 8000D Mini Cougar f. Sig Sauer P239 DAO. An off duty revolver/pistol may be carried in addition to the service revolver/pistol, provided only the service revolver/pistol is visible. EQUIPMENT FOR USE WITH SERVICE REVOLVER REQUIRED EQUIPMENT 5. 6. 7. Regulation Holster - black leather, designed with leather safety lock, in four models: a. Standard for all uniformed members of the service. b. Swivel holster (optional) for uniformed members of the service assigned to duty in Department vehicles. c. Highway Patrol Service Holster - for uniformed members assigned to highway patrol duty (for use with Sam Browne belt). d. Mounted Service Holster - for uniformed members assigned to mounted duty (for use with Sam Browne belt). Two Speedloaders and Pouches - as authorized by the Equipment Section, with twelve cartridges. Belts (Two) - black leather, 1½ inches wide with gunmetal buckle. Equipment belt will cover trouser belt, both to be worn firmly around the waist. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-09 REVISION NUMBER: PAGE: 08/01/13 3 of 5 EQUIPMENT FOR USE WITH SERVICE 9MM PISTOL REQUIRED EQUIPMENT 8. 9. 10. 11. Regulation Holster - black leather, designed with safety lock, in eight models: a. Glock, Model 19, right and left handed b. Smith & Wesson, right and left handed c. Sig Sauer, right and left handed d. 9MM holster with flap, right and left handed. Two Magazines and Pouches - as authorized by the Equipment Section, with fifteen cartridges in each. Belts (Two) - (for equipment: black leather, 2 ¼ inches wide with gunmetal buckle); (for trousers: black leather, 1 ½ inches wide with gunmetal buckle). Equipment belt will cover trouser belt, both to be worn firmly around the waist. Night Sights - ensure “Tritium” night sights are installed. Installation by anyone other than a Firearms and Tactics Section gunsmith is not permissible. Pistols purchased at the Equipment Section on or after September 12, 1994, are already equipped with night sights installed by the manufacturer. The use of night sights by uniformed members authorized to carry 9MM pistols prior to September 12, 1994, is optional. OTHER EQUIPMENT REQUIRED EQUIPMENT 12. 13. 14. 15. 16. NOTE ACTIVITY LOG (PD112-145) with following inserts: a. AUTO IDENTIFICATION (PD371-090) b. INSTRUCTIONS FOR HANDLING MENTALLY ILL OR EMOTIONALLY DISTURBED PERSONS (PD104-110) c. DOMESTIC VIOLENCE/VICTIMS OF CRIME (PD154-110) d. STREET ENCOUNTERS - LEGAL ISSUES (PD344-153) e. POSSIBLE INDICATORS OF TERRORIST ACTIVITY (PD378111) f. WHAT IS A STOP, QUESTION AND FRISK ENCOUNTER? (PD344-111) g. PRIMARY LANGUAGE IDENTIFIER (PD312-091) h. Any other insert, as required. Regulation traffic whistle and belt whistle holder. Regulation handcuffs carried in handcuff case with key available for use. Regulation eleven inch rubber billet with leather thong may be used from 0800 - 1600 hours, unless baton is carried. Baton (Side Handle) - Monadnock Lifetime Products Inc., Model PR-24 STS. a. Carried only by uniformed members of the service trained and qualified by the New York City Police Academy. All uniformed members of the service appointed after December 1988 must carry the side handle baton. Carrying of a straight baton by members of the service appointed after December 1988 is unauthorized. All uniformed members of the service appointed before December 1988, who are trained and qualified in the use of the straight baton and the side handle baton by the New York NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-09 NOTE (continued) REVISION NUMBER: PAGE: 08/01/13 4 of 5 City Police Academy, must carry the side handle baton. Carrying of a straight baton by members of the service trained and certified in the use of side handle baton is unauthorized. Members appointed prior to December 1988, who are not trained and qualified in the side handle baton, will carry a straight baton, 24 to 26 inches in length, 1¼ inches in thickness; made of locust, hickory, white ash or rosewood; attached to a leather thong. Batons are to be carried on all tours, except as directed by commanding officer for 2nd platoon foot patrol. REQUIRED EQUIPMENT (continued) 17. 18. NOTE Members of the service may elect to carry a secondary flashlight as an adjunct to their primary flashlight. Secondary lights may be either a miniature flashlight or a lantern type flashlight. These secondary lights may be used as a backup for the mandatory flashlight and may be useful in situations such as a search where a lantern can provide greater illumination and longer battery life. Under no circumstances should these lights be considered a substitute for the primary lights which must be carried on all tours regardless of the availability of a secondary flashlight. As an enhancement to visibility, it is recommended that flashlights be powered by alkaline batteries for their durability and be equipped with a krypton bulb for additional brightness. Halogen bulbs are not recommended because they drain battery power too quickly. 19. 20. 21. NOTE Baton Holder - black leather loop with military strap, to wear on gun belt or Side Handle Baton Holder (black polycarbonate plastic 360 degree swivel, 8 position). Serviceable Flashlight - all tours, not to exceed 12½ inches in length, tubular design (without attachments that alter the size, shape or weight of the device) powered by a maximum of three “D” batteries and a minimum of two “C” batteries. Serviceable watch, properly set. Reflective belt (1600 - 0800). Reflective traffic safety vest. Transit Bureau members assigned to uniform patrol in the transit system or assigned to any detail in uniform performing traffic related duties will have in their possession the authorized reflective traffic safety vest (fluorescent yellow). It will be at the discretion of a supervisor as to whether uniformed members assigned to patrol in the transit system will wear or simply carry the traffic safety vest. 22. 23. 24. 25. Dual-purpose disorder control/scooter helmet with face shield, as indicated in Patrol Guide procedure 203-05, “Performance on Duty – General.” Pepper spray device and holder. Keepers (four) - attached to the gun belt and trouser belt regardless of type of weapon carried. Glove pouch – all uniformed members of the service are required to wear a synthetic leather glove pouch on their gun belt. Members on bicycle patrol are required to wear a nylon glove pouch. Both versions of the glove pouch must conform to those available at the Equipment Section. This pouch is designed to hold disposable plastic gloves. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-09 REVISION NUMBER: PAGE: 08/01/13 5 of 5 REQUIRED EQUIPMENT (continued) 26. Tactical Response Hood and Personal Protective Equipment a. Members performing patrol duties in a Department vehicle will have the hood and pouch available in the vehicle. b. Members performing foot patrol duties and/or assigned to a detail such as a parade, fixed post, etc. will carry the tactical response hood by attaching the pouch to their gun belts on the side opposite which the member carries his/her firearm. (1) Members will secure the tactical response hood pouch to both their gun belt and their thigh using the straps and clips provided. c. Members performing administrative or other duties inside a Department facility will have the tactical response hood and pouch readily available at all times. d. The balance of the personal protective equipment issued to uniformed members of the service will be carried in Department vehicles by those members of the service performing patrol duties in such vehicles. All other uniformed members of the service will have the balance of the personal protective equipment readily available, e.g. stored in their Department locker. ADDITIONAL DATA Uniformed members of the service below the rank of captain who are assigned to enforcement duties must carry a sufficient amount of summonses. Uniformed members of the service assigned to civilian clothed enforcement duties are required to have their service 9MM semi-automatic pistol and one extra fully loaded magazine or their service .38 caliber revolver with twelve extra cartridges, handcuffs with key and the “color of the day” head/arm band on their persons. In addition, pepper spray device and holder will be carried by such members as specified in P.G. 212-95, “Use of Pepper Spray Devices.” Commanding officers have the authority to allow members of their respective commands to be armed with an authorized off duty weapon, if they believe it is more suitable for a particular assignment. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-10 HANDGUN PURCHASE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To record the acquisition of handguns by uniformed members of the service. PROCEDURE When buying or acquiring a handgun: PURCHASE FROM NEW YORK CITY HANDGUN LICENSEE 1. Prior to acquiring a handgun from a New York City handgun licensee: a. Prepare Typed Letterhead, in triplicate, addressed to Commanding Officer, License Division requesting permission to acquire handgun and include the following information: (1) Make, caliber, type, model and serial number of handgun (2) Name, address and age of licensee (3) Current Handgun License number including date issued and date expires. COMMANDING 2. 3. OFFICER OF MEMBER Endorse Typed Letterhead with recommendation and request status of licensee. Forward original and one copy of Typed Letterhead direct to Commanding Officer, License Division for determination and endorsement. COMMANDING 4. OFFICER, LICENSE DIVISION Conduct record check of licensee. a. If license is valid and clear of suspension or ongoing investigation, advise commanding officer of requesting member, by endorsement, that acquisition may be approved. b. If licensee is currently suspended or under investigation, advise commanding officer of requesting member, by endorsement, that request is denied until such time as licensee is reinstated. 5. Upon notification that record check has been completed and Commanding Officer, License Division, has approved request, requesting member will comply with steps 6 through 21. UNIFORMED MEMBER OF THE SERVICE UNIFORMED MEMBER OF THE SERVICE PURCHASE FROM OTHER THAN EQUIPMENT SECTION UNIFORMED MEMBER OF THE SERVICE 6. 7. 8. 9. Submit copy of bill of sale to desk officer/counterpart of permanent command without delay. Have handgun, which is authorized to be carried in performance of police duty, tested by Department gunsmith except if purchased at Equipment Section. Prepare ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE (PD424-150) and complete sections one through four. Deliver form to desk officer/counterpart of permanent command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-10 11. 12. 13. 14. DESK OFFICER 15. 16. 17. CLERICAL MEMBER PAGE: 08/01/13 DESK OFFICER 10. MEMBER OF THE SERVICE, FIREARMS AND TACTICS SECTION REVISION NUMBER: 18. 19. 20. 2 of 4 Compare make, model and serial number listed on bill of sale with handgun. Check New York State Police Information Network (NYSPIN) and National Crime Information Center (NCIC) via “FINEST” or Stolen Property Inquiry Section to determine if an alarm for such firearm exists. Contact the Firearms and Tactics Section with the following information and obtain a Firearms and Tactics Section (FTS) control number: a. Officer’s name b. Officer’s Tax registry number c. Officer’s command d. Type of transaction: Acquisition e. Make of firearm f. Model of firearm g. Type of firearm h. Serial number of firearm i. Name of desk officer. Enter information received from desk officer in the Acquisition/ Disposition Log. Assign the next available FTS control number and provide this control number to the desk officer of the notifying command. Make a Command Log entry including member’s name, tax registry number, date purchased, purchased from, make, model, caliber, type, serial number, FTS officer notified and FTS control number. a. Enter Command Log page number on ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS REPORT TO N.Y. STATE POLICE. b. Enter FTS control number in the upper right hand corner on the ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE. Complete Part 5 (Agency Endorsement) of REPORT TO N.Y. STATE POLICE. Give bill of sale and completed REPORT TO N.Y. STATE POLICE to clerical member. Make appropriate entries on FORCE RECORD (PD406-143). Deliver REPORT TO N.Y. STATE POLICE to commanding officer. File bill of sale, member’s copy of REPORT TO N.Y. STATE POLICE (second copy), gunsmith authorization approval form, if applicable, and reply from Commanding Officer, License Division, if applicable, in member’s personal folder. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-10 REVISION NUMBER: PAGE: 08/01/13 COMMANDING 21. OFFICER 3 of 4 Forward first copy of REPORT TO N.Y. STATE POLICE to Firearms and Tactics Section. PURCHASE OF FIREARMS FROM EQUIPMENT SECTION EQUIPMENT SECTION MEMBER 22. 23. Have ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE prepared. Have purchasing member sign report (Section 4 - Certification). COMMANDING 24. OFFICER, EQUIPMENT SECTION Contact the Firearms and Tactics Section with the following information and obtain a Firearms and Tactics Section (FTS) control number: a. Officer’s name b. Officer’s Tax registry number c. Officer’s command d. Type of transaction: Acquisition e. Make of firearm f. Model of firearm g. Type of firearm h. Serial number of firearm i. Name of Commanding Officer, Equipment Section. 25. Enter information received from Commanding Officer, Equipment Section in the Acquisition/Disposition Log. Assign the next available FTS control number and provide this control number to the Commanding Officer, Equipment Section. MEMBER OF THE SERVICE, FIREARMS AND TACTICS SECTION 26. COMMANDING 27. OFFICER, EQUIPMENT 28. SECTION 29. Enter FTS control number in the upper right hand corner on the ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE. Complete Part 5 (Agency Endorsement) of REPORT TO N.Y. STATE POLICE. Forward copies as indicated on form: a. First copy to Firearms and Tactics Section. b. Second copy to member’s commanding officer along with copy of bill of sale. COMMANDING 30. OFFICER OF MEMBER Have entry made on FORCE RECORD and Command Log entry made including member’s name, tax registry number, date purchased, purchased from, make, model, caliber, type and serial number upon receipt of REPORT TO N.Y. STATE POLICE and bill of sale from Equipment Section. 31. File REPORT TO N.Y. STATE POLICE and bill of sale in member’s personal folder. CLERICAL MEMBER NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-10 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 A routine request for information concerning handguns belonging to a uniformed member of the service will be directed to the member’s permanent command. The Police Academy, Firearms and Tactics Section, will supply information on a twenty-four hour basis concerning the firearms of a uniformed member of the service to an investigating supervisor in an emergency if the permanent command of the member is closed, OR during an investigation, if a telephone inquiry to the member’s command may compromise an investigation. If a handgun comes into the possession of a uniformed member of the service and the owner of the firearm is unknown, a request for the identity of the owner will be directed to the Stolen Property Inquiry Section. Failure by a uniformed member of the service to report an acquisition or disposition of a firearm to this Department within ten days of such transaction is a Class “A” Misdemeanor under Penal Law Section 400.00, subdivision 12c. Handgun purchases effected under the authority of a Class I Federal Firearms License or New York State Dealer in Firearms License DO NOT exempt a member of the service from filing ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE for those firearms possessed outside the scope of the dealer in firearms license. RELATED PROCEDURES Selling/Disposing of Handguns to Another Uniformed Member of the Service or to a Licensed Firearms Dealer in New York State (P.G. 204-13) Disposal of Handgun to Handgun Licensee (P.G. 204-14) FORMS AND REPORTS ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE (PD424-150) FORCE RECORD (PD406-143) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-11 PISTOL MAGAZINE PURCHASES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To make the Department aware of pistol magazine purchases by uniformed members of the service and provide an inspection capability through a review of members’ Personal Folders, Command Communication Records and in most instances, Equipment Section files. PROCEDURE When a uniformed member of the service finds it necessary to purchase a magazine for an authorized service pistol: UNIFORMED MEMBER OF THE SERVICE 1. Prepare a written report to Commanding Officer including reason for the purchase (magazine lost, defective, etc.). COMMANDING 2. OFFICER Endorse the request and have a copy placed in the concerned member’s Personal Folder. 3. Present original endorsed report to the Commanding Officer, Equipment Section. UNIFORMED MEMBER OF THE SERVICE COMMANDING 4. OFFICER, EQUIPMENT SECTION ADDITIONAL DATA File the report, chronologically, in a Command File. Should a uniformed member of the service elect to purchase a magazine directly from a manufacturer, the member’s commanding officer will include in the endorsement a request to the manufacturer that the magazine be sent to the member’s command and not his/her residence. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-12 REPAIR/REPLACEMENT OF AUTHORIZED FIREARMS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To borrow a service pistol, revolver, or repair authorized firearms. PROCEDURE When a service pistol or revolver is stolen, lost, requires repair, is held as evidence by a court, District Attorney or safeguarded by the Property Clerk: TO OBTAIN REPLACEMENT SERVICE PISTOL OR REVOLVER: UNIFORMED MEMBER OF THE SERVICE 1. Notify commanding officer of facts. COMMANDING 2. OFFICER Direct preparation of two copies of report, on Typed Letterhead, addressed to Commanding Officer, Firearms and Tactics Section outlining facts and requesting that the member concerned be loaned a service pistol or revolver. 3. Deliver report to officer in charge, Firearms and Tactics Section on weekdays, 0730 to 1530 hours, Outdoor Range, Rodman’s Neck. Report to commanding officer make, model and serial number of pistol or revolver obtained from Firearms and Tactics Section. UNIFORMED MEMBER OF THE SERVICE 4. COMMANDING 5. OFFICER Have entry of above data made on member’s FORCE RECORD (PD406-143). 6. Deliver borrowed pistol or revolver to Firearms and Tactics Section when service pistol or revolver is returned or repaired. a. Obtain receipt for borrowed pistol or revolver from Firearms and Tactics Section and deliver to commanding officer. COMMANDING 7. OFFICER Have entry made on member’s FORCE RECORD indicating return of borrowed pistol or revolver to Firearms and Tactics Section and file receipt in member’s Personal Folder. UNIFORMED MEMBER OF THE SERVICE ADDITIONAL DATA Department procedures prohibit modification of a service/off duty pistol or revolver or an authorized firearm without the prior permission of the Commanding Officer, Firearms and Tactics Section. Firearms that become defective in any manner, including water saturation, will be delivered to the Department gunsmith at Outdoor Range, Rodman’s Neck for repair/inspection prior to use. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-12 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 ADDITIONAL DATA (continued) Under some conditions, uniformed members of the service may find it necessary to have service/off duty pistols or revolvers or authorized firearms repaired by the manufacturer or a licensed gunsmith for repairs that the Department gunsmith is unable to make. If the service pistol or revolver requires repair, uniformed member of the service will obtain a replacement service pistol or revolver at the Firearms and Tactics Section by complying with the procedure above. In addition, if a member’s service/off duty pistol, revolver, or authorized firearm is repaired by other than the Department gunsmith, such firearm must be inspected by the Department gunsmith prior to being carried on or off duty. RELATED PROCEDURES Firearms - General Regulations (P.G. 204-08) Required Firearms/Equipment (P.G. 204-09) Lost/Stolen Firearm, Shield, Identification Card (P.G. 219-21) FORMS AND REPORTS FORCE RECORD (PD406-143) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-13 SELLING/DISPOSING OF HANDGUNS TO ANOTHER UNIFORMED MEMBER OF THE SERVICE OR TO A LICENSED FIREARMS DEALER IN NEW YORK STATE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To record handgun transactions. PROCEDURE When a uniformed member of the service sells or otherwise disposes of a handgun to another uniformed member of the service or to a licensed firearms dealer located in New York State: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. DESK OFFICER 4. 5. 6. MEMBER OF THE SERVICE, FIREARMS AND TACTICS SECTION 7. 8. Notify desk officer/counterpart of permanent command without delay and submit copy of bill of sale indicating: a. Identity of purchaser including: (1) Tax registry number and command if uniformed member of the service, OR (2) License number if firearms dealer. b. Complete description of firearm including serial number. Prepare ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE (PD424150) and complete sections one through four. Deliver form to desk officer/counterpart of permanent command. Notify commanding officer. Check REPORT TO N.Y. STATE POLICE and bill of sale for accuracy. Contact the Firearms and Tactics Section with the following information and obtain a Firearms and Tactics Section (FTS) control number: a. Officer’s name b. Officer’s Tax registry number c. Officer’s command d. Type of transaction: Disposition e. Make of firearm f. Model of firearm g. Type of firearm h. Serial number of firearm i. Name of desk officer. Enter information received from desk officer in the Acquisition/ Disposition Log. Assign the next available FTS control number and provide this control number to the desk officer of the notifying command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-13 PAGE: 08/01/13 DESK OFFICER 9. NOTE REVISION NUMBER: 2 of 3 Make a Command Log entry including member’s name, tax registry number, date disposed, disposed to, make, model, caliber, type, serial number, FTS officer notified and FTS control number. a. Enter FTS control number in the upper right hand corner on the ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE. Command Log entries will be made for ALL acquisitions as well as dispositions. 10. Deliver ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE to the commanding officer. COMMANDING 11. OFFICER 12. Review REPORT TO N.Y. STATE POLICE and complete Part 5 (Agency Endorsement). Give REPORT TO N.Y. STATE POLICE and bill of sale to clerical member. 13. Make entry on rear of FORCE RECORD (PD406-143) indicating date of disposal. File member’s copy (second copy) of REPORT TO N.Y. STATE POLICE with bill of sale in member’s personal folder. Distribute first copy of REPORT TO N.Y. STATE POLICE to Firearms and Tactics Section. CLERICAL MEMBER 14. 15. ADDITIONAL DATA Uniformed members of the service are also permitted to dispose of handguns to holders of handgun licenses issued by this Department. Handgun purchases effected under the authority of a Class I Federal Firearms License or New York State Dealer in Firearms License DO NOT exempt a member of the service from filing ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE for those firearms possessed outside the scope of the dealer in firearms license. Since November 1, 1994, the Equipment Section has issued 9mm service weapons to uniformed members of the service. Since Police Department funds have been used to purchase and/or make reimbursements for the 9mm weapons that are the subject of this program, the Department retains the right to repossess and permanently retain these weapons under certain circumstances as follows: a. When a recruit officer or probationary police officer resigns or is terminated from the Department OR b. When any other member of the service resigns or is terminated from the Department under less than honorable conditions, as determined by the Chief of Department. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-13 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 Weapons in the above categories will be vouchered for safekeeping with the following statement in the “Remarks” section of the PROPERTY CLERK INVOICE (PD521141): WEAPON IS NOT TO BE RELEASED WITHOUT WRITTEN AUTHORIZATION OF THE CHIEF OF DEPARTMENT. The Commanding Officer, Property Clerk Division will forward a report to the Chief of Department for any 9mm service weapon vouchered from a recruit or probationary police officer who resigns or who may be terminated, and from other officers who resigned or terminated employment under less than honorable conditions. a. Chief of Department will notify the Property Clerk Division to forward to the Outdoor Range the 9mm service weapon vouchered from recruit officers and probationary officers. b. Chief of Department will determine and then notify the Property Clerk Division whether the 9mm service weapons vouchered from other officers, who resigned or terminated employment under less than honorable conditions, are to revert back to the Department, and sent to the Outdoor Range, or released to the member concerned. RELATED PROCEDURES Handgun Purchase (P.G. 204-10) Disposal of Handgun to Handgun Licensee (P.G. 204-14) FORMS AND REPORTS ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS REPORT TO N.Y. STATE POLICE (PD424-150) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-14 DISPOSAL OF HANDGUN TO HANDGUN LICENSEE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To authorize a uniformed member of the service to dispose of a handgun to a New York City Handgun Licensee, ONLY. PROCEDURE When a uniformed member of the service wants to sell, give away, etc., a handgun to a person who has been granted a handgun license by this Department: UNIFORMED MEMBER OF THE SERVICE 1. Prepare three copies of Typed Letterhead, addressed to Commanding Officer, License Division, requesting permission to dispose of firearm including the following information: a. Make, caliber, type, model and serial number of handgun which is subject of application b. Service handgun: make, caliber, type, model and serial number c. All other handguns: make, type, model, serial number d. Handguns transferred on previous occasions: dates, to whom sold including address, make, caliber, type, model and serial numbers e. Has seller valid right to dispose of handgun? (Yes or No) f. Name, address, age and sex of licensee g. Present handgun license number and date issued h. Reasons handgun licensee wants to obtain handgun. COMMANDING 2. 3. OFFICER OF MEMBER Endorse application with recommendation. Forward original and one copy of application, direct, to Commanding Officer, License Division, for final decision and endorsement. UNIFORMED MEMBER OF THE SERVICE 4. 5. Comply with decision of Commanding Officer, License Division. Comply with P.G. 204-13, “Selling/Disposing of Handguns to Another Uniformed Member of the Service or to a Licensed Firearms Dealer in New York State”, if transaction approved. ADDITIONAL DATA Since November 1, 1994, the Equipment Section has issued 9mm service weapons to uniformed members of the service. Since Police Department funds have been used to purchase and/or make reimbursements for the 9mm weapons that are the subject of this program, the Department retains the right to repossess and permanently retain these weapons under certain circumstances as follows: a. When a recruit officer or probationary police officer resigns or is terminated from the Department OR b. When any other member of the service resigns or is terminated from the Department under less than honorable conditions, as determined by the Chief of Department. Weapons in the above categories will be vouchered for safekeeping with the following statement in the “Remarks” section of the PROPERTY CLERK INVOICE (PD521141): NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-14 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 WEAPON IS NOT TO BE RELEASED WITHOUT WRITTEN AUTHORIZATION OF THE CHIEF OF DEPARTMENT. The Commanding Officer, Property Clerk Division will forward a report to the Chief of Department for any 9mm service weapon vouchered from a recruit or probationary police officer who resigns or who may be terminated, and from other officers who resigned or terminated employment under less than honorable conditions. a. Chief of Department will notify the Property Clerk Division to forward to the Outdoor Range the 9mm service weapon vouchered from recruit officers and probationary officers. b. Chief of Department will determine and then notify the Property Clerk Division whether the 9mm service weapons vouchered from other officers, who resigned or terminated employment under less than honorable conditions, are to revert back to the Department, and sent to the Outdoor Range, or released to the member concerned. RELATED PROCEDURES Handgun Purchase (P.G. 204-10) Selling/Disposing of Handguns to Another Uniformed Member of the Service or to a Licensed Firearms Dealer in New York State (P.G. 204-13) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-15 SHIELDS/NAMEPLATES/IDENTIFICATION CARDS DATE ISSUED: 08/01/13 UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. NOTE REVISION NUMBER: PAGE: 08/01/13 1 of 1 Wear shield at all times while in uniform on the outermost garment except if outermost garment has sewn shield patch, i.e., golf type shirt, etc. Wear nameplate ¼ inch below and centered under shield on outermost garment. a. DO NOT wear nameplate on raincoat. Carry shield and IDENTIFICATION CARD (PD416-091) at all times, when in uniform or civilian clothes, and present both when necessary to establish identification. Uniformed members utilizing the option of not carrying firearms off duty as described in P.G. 204-08, “Firearms - General Regulations,” may also elect not to carry their shield. 4. 5. NOTE DATE EFFECTIVE: Display shield on the outermost garment when wearing civilian clothes at the scene of an emergency. Present shield and IDENTIFICATION CARD, when wearing either uniform or civilian clothes, when delivering or withdrawing evidence from Property Clerk Division or whenever obtaining Department property, (i.e., vehicles, radios, etc.) for temporary use from another command. If necessary, the command in possession of the Department property will telephone the command requesting the loan of property to verify the officer(s) present at their command were sent for this equipment. A Command Log or an appropriate Department record entry will be made indicating rank, name and shield number of member conferred with. 6. Display IDENTIFICATION CARD prominently on outermost garment when wearing civilian clothes in any Department facility. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-16 EMBLEMS, INSIGNIA AND BREAST BARS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 13 GRAPHIC OF UNIFORMS SHOWING LOCATION OF PATCHES, EMBLEMS, ETC. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-16 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 NEW YORK CITY POLICE DEPARTMENT 2 of 13 PATROL GUIDE PROCEDURE NUMBER: 204-16 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 SHORT SLEEVE SHIRT AND DEPARTMENT EMBLEMS SHOULDER STRAP (Lieutenants and Above) NEW YORK CITY POLICE DEPARTMENT 3 of 13 PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-16 DEPARTMENT AND COMMAND EMBLEMS (SHOULDER PATCHES) REVISION NUMBER: PAGE: 08/01/13 1. 2. 3. 4 of 13 The Department logo will be worn on both left and right sleeves of all regulation uniform garments except the turtleneck shirt and raingear. Uniformed members of the service assigned to Aviation, Emergency Service, Harbor, Mounted, Scuba, Patrol Borough Task Force, Transit Bureau Canine Team or Highway District units shall continue to display the Department emblem on the right sleeve only and their command emblem on the left shoulder. Uniformed members of the service assigned to the Communications Division and the Traffic Operations District will display their authorized command emblem on the left sleeve ½ inch beneath the Department emblem except: sergeants assigned to this unit shall continue to display the Department emblem on the right sleeve only and their command emblem on the left sleeve (centered midway between the crest of the chevrons and the top of the sleeve). COLLAR INSIGNIA AND COMMAND DESIGNATIONS 1. SERVICE STRIPES/ HASH MARKS 1. 2. NOTE Sewing through the leather and raingear would damage the leather or jeopardize the integrity of the waterproofing. 2. 3. 4. 5. Wear ONLY yellow metal command insignia (except commands authorized to wear cloth insignia [white lettering] on work uniforms). Sergeants, uniformed detectives, and police officers will wear appropriate insignia on both sides of collar of BOTH inner and outer garments, except raingear (i.e., insignia will be worn on the collar of a regulation long sleeve shirt, if worn, as well as the duty jacket). Each stripe represents five years of service. Service stripes/hash marks are to be affixed to all outer garments, except short sleeve shirts, leather and raingear, of lieutenants, sergeants, detectives and police officers (left sleeve only). The lower tip of the bottom stripe is 4 inches from the bottom of the sleeve. (Do not include elastic cuff, duty jackets etc., in measurement). Police officers, detectives and sergeants will remove the service mohair braid, from both sleeves, if worn, from the summer blouse/winter coat. The service stripes/hash marks for uniformed members of the service in the rank of lieutenant, sergeant, detective and police officer shall be the same blue/white colors as sergeant’s chevrons. Uniformed members of the service in the rank of lieutenant, sergeant, detective and police officer assigned to Mounted Unit and the Police Academy, Firearms and Tactics Section in khaki range uniforms, shall wear service stripes/hash marks the same yellow/white colors as the Mounted Unit sergeant’s chevrons. Service stripes/hash marks may be worn six months prior to the five year period represented, if the wearer so desires. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-16 REVISION NUMBER: PAGE: 08/01/13 5 of 13 BREAST BARS/ PRECINCT, POLICE SERVICE AREA, TRANSIT DISTRICT COMMANDING PINS OFFICER RECOGNITION PIN The PRECINCT, POLICE SERVICE AREA, TRANSIT DISTRICT COMMANDING OFFICER RECOGNITION PIN, with designated precinct, police service area, transit district numerals displayed, will be worn above the right breast pocket of the outermost garment by the commanding officer when performing duty in uniform. If another bar (e.g. Medal of Honor breast bar or longevity service bar) is worn, the Commanding Officer Recognition Pin will be worn above. BREAST BARS (Not to Scale) Department Medal of Honor NOTE A second award of this medal is identified by a gold leaf placed in the center of the bar. The Department Medal of Honor breast bar, at the discretion of the recipient, may be worn over the right breast uniform pocket. When so worn, all other bars will be displayed on the left side, above the member’s shield. If uniform has no breast pockets, all bars will be worn on the left, above the shield. Police Combat Cross NOTE A second award of this medal is identified by a gold leaf placed in the center of the bar. Medal For Valor NOTE A second award of this medal is identified by a gold leaf placed in the center of the bar. \ NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-16 PAGE: 08/01/13 BREAST BARS/ PINS (continued) NOTE REVISION NUMBER: 6 of 13 Police Purple Shield Medal The Police Purple Shield Medal will be awarded to those uniformed members of the service who have suffered extremely serious physical injury, or death, or permanent disfigurement, protracted or permanent impairment of health as determined by the Honor Board. The Police Purple Shield Medal breast bar, at the discretion of the recipient, may be worn over the right breast uniform pocket. When so worn, all other bars will be displayed on the left side, above member’s shield. If uniform has no breast pockets, all bars will be worn on the left, above the shield. Honorable Mention (Silver Star) (Shown Below) Exceptional Merit (Light Green Star) Commendation (Bronze Star) Commendation - Community Service (Light Blue Star) NOTE 1st Award 2nd Award (same type) 2nd Award (different types) 3rd Award (same type) 3rd Award (different types) Appropriate star in white area Appropriate stars in green and blue areas Appropriate stars, highest in green area Appropriate stars in green, white and blue areas Appropriate stars, highest in white, next highest in green, lowest in blue area. Upon receipt of a fourth award, a second bar will be worn with appropriate star(s) affixed. If fourth award duplicates any of the previous three, the duplication will be reflected on the second bar. The Medal For Valor bar (dark blue) is worn by recipient of Organizational Medal for Valor/Merit. The Commendation - Community Service bar is worn by recipient of Line Organization Community Service Medal. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-16 BREAST BARS/ PINS (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 7 of 13 Meritorious Police Duty Excellent Police Duty NOTE Only one breast bar in the grade of Meritorious Police Duty or Excellent Police Duty may be worn at one time, however, members who have been awarded Meritorious Police Duty or Excellent Police Duty numbering more than 25, 30, 40, 50 or 60 are authorized to wear an additional breast bar. One breast bar will be number 25, 30, 40, 50 or 60 and when combined with the number indicated on the second bar will designate the total number of awards received in that category. Members are not authorized to wear more than two bars. Unit Citation NOTE Designated members of the service may wear a Unit Citation. The Unit Citation breast bar will be left bare to indicate the receipt of a single Unit Citation. The receipt of additional Unit Citations will be indicated by the number “2”, “3”, etc. on the bar. The Unit Citation breast bar may be worn during entire police career regardless of subsequent assignments within the Department. The Unit Citation breast bar is worn above the shield and immediately below individual recognition awards. (Eligible civilian members may wear the Unit Citation lapel pin). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-16 DATE EFFECTIVE: PAGE: 08/01/13 BREAST BARS/ PINS (continued) NOTE REVISION NUMBER: 8 of 13 Military Service Breast Bar United States Army United States Marine Corps A black enameled bar. The United States Army logo with colors light blue and gold centered on the bar. A red enameled bar. The United States Marine Corps logo with colors red, black, and gold centered on the bar. United States Navy A navy blue enameled bar. The United States Navy logo with colors navy blue, cream, and gold centered on the bar. United States Air Force Light blue enameled bar. The United States Air Force logo with colors navy blue, white, and silver centered on the bar. United States Coast Guard A solid blue enameled bar. The United States Coast Guard logo with colors red, white, and gold centered on the bar. Members of the service who are currently active in any branch of the United States Armed Forces or have been honorably discharged are authorized to wear the Military Service breast bar. The Military Service breast bar is to be worn above shield, immediately below Unit Citation, if worn, or below individual recognition awards. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-16 BREAST BARS/ PINS (continued) NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 9 of 13 Hurricane Katrina Rescue and Recovery Mission Commemorative Breast Bar Those members of the service who have participated in the Katrina Rescue and Recovery Mission are granted permission to wear the commemorative breast bar. The Katrina breast bar is to be worn above shield, immediately below Unit Citation, if worn, or below individual recognition awards. TWA Flight 800 Recovery Operation Commemorative Breast Bar NOTE Those uniformed members of the service who participated in the TWA Flight 800 Recovery Operation received a Flight 800 breast bar. The Flight 800 breast bar is to be worn above shield, immediately below Unit Citation, if worn, or below individual recognition awards. Puerto Rico Response Bar NOTE All uniformed members of the service, who participated in the Puerto Rico Rescue Mission from September 22, 1989 through September 29, 1989, are authorized to wear the Puerto Rico Response Bar. The Puerto Rico Response Bar is to be worn above shield, immediately below Unit Citation, if worn, or below individual recognition awards. Longevity Bar NOTE Uniformed members of the service below the rank of captain authorized to wear the regulation short sleeve shirt must wear the longevity bar. The bar will be worn over the right breast pocket. If the Department Medal of Honor breast bar is worn on the right side, the longevity bar will be worn over the shield. If there is no right breast pocket on the outer garment, the longevity bar will be worn over the shield (as indicated under ADDITIONAL DATA). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-16 BREAST BARS/ PINS (continued) NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 10 of 13 Emergency Medical Technician Pin All uniformed members of the service who have been trained and certified or re-certified by this Department are authorized to wear the Emergency Medical Technician Pin. The pin is worn ¼ inch above the shield or breast bars. American Flag Breast Bar NOTE The American Flag breast bar may be worn and is the only emblem authorized. The cloth American Flag emblem, the Flag “pin” and any other specialty pins such as those depicting the American Flag along with fraternal organization insignia or flags of other nations are not authorized and will not be worn. The American Flag breast bar may be worn ¼ inch above the center of the shield or breast bars. If worn, it will be the top most bar above the shield. Firearms Proficiency Breast Bar NOTE A uniformed member of the service who receives a perfect score of one hundred (100) percent during semi-annual re-qualification or during the Police Academy basic firearms training course, is authorized to wear the Firearms Proficiency breast bar. Members will be issued a breast bar by Firearms and Tactics Section personnel subsequent to such firearms qualification, indicating proficiency in the use of their weapon. Firearms Proficiency breast bar will be worn directly over the shield and below all other breast bars. Only one Firearms Proficiency breast bar may be worn regardless of the number received. If member fails to attain the required score at subsequent qualification cycle, the breast bar must be removed. No promotional points will be granted for such Department recognition. ADDITIONAL DATA A breast bar is horizontally centered ¼ inch above the center of the shield, when authorized. Additional bars, awards, or wings, when authorized, are worn with ¼ inch space between each award. Members of the service qualified to wear a shooting award or designation will place it ¼ inch above the shield. Aviation Unit members qualified as pilots and/or aircrew are authorized to wear appropriate metal breast wings and will place them ¼ inch above the shield. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-16 ADDITIONAL DATA (continued) REVISION NUMBER: 08/01/13 PAGE: 11 of 13 Members of the service qualified to rappel from Department aircraft may wear rappel wings placed ¼ inch above the shield. Wings may be worn during entire police career regardless of subsequent assignments within the Department. Nameplates are to be centered ¼ inch below the shield. White Metal - Police officers Yellow Metal - Ranking officers and detectives. ORGANIZATION OF BREAST BARS (Left Side) U.S. FLAG BAR or EMT Pin DEPARTMENT MEDAL OF HONOR POLICE COMBAT CROSS MEDAL FOR VALOR POLICE PURPLE SHIELD MEDAL HONORABLE MENTION (Silver Star) EXCEPTIONAL MERIT (Light Green Star) COMMENDATION (Bronze Star) COMMENDATION - COMMUNITY SERVICE (Light Blue Star) MERITORIOUS POLICE DUTY EXCELLENT POLICE DUTY UNIT CITATION MILITARY SERVICE BREAST BAR HURRICANE KATRINA RESCUE AND RECOVERY MISSION COMMEMORATIVE BREAST BAR TWA FLIGHT 800 RECOVERY OPERATION COMMEMORATIVE BREAST BAR PUERTO RICO RESPONSE BAR LONGEVITY BAR / FIREARMS INSTRUCTOR / FIREARMS PROFICIENCY BREAST BAR RIFLE EXPERT AVIATION WINGS RAPPEL WINGS SHIELD NAME PLATE ORGANIZATION OF BREAST BARS (Right Side) PRECINCT/POLICE SERVICE AREA/TRANSIT DISTRICT COMMANDING OFFICER RECOGNITION PIN DEPARTMENT MEDAL OF HONOR LONGEVITY BAR The Police Purple Shield Medal breast bar, at the discretion of the recipient, may be worn over the right breast uniform pocket. When so worn, all other bars will be displayed on the left side, above uniformed member’s shield. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-16 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: 08/01/13 PAGE: 12 of 13 ORGANIZATION OF BREAST BARS (GRAPHIC) Legend (From Top to Bottom) U.S. Flag Bar Department Medal of Honor Police Combat Cross Medal For Valor Police Purple Shield Medal Honorable Mention (Silver Star) Exceptional Merit (Green Star) Commendation (Bronze Star) Commendation - Community Service (Blue Star) Meritorious Police Duty Excellent Police Duty Marksmanship Award Department Shield Name Plate NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-16 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 13 of 13 Uniformed members of the service who have earned Departmental recognition from the Transit or Housing Police Departments, must purchase and display an existing New York City Police Department breast bar that is awarded for actions equivalent to that honored by the former department. Uniformed members of the service, having earned recognition from their former department, will convert their awards to the following New York City Police Department equivalents: FORMER TRANSIT POLICE DEPARTMENT MEMBERS: Transit Police Department Medal of Honor Combat Cross Exceptional Duty Medal Distinguished Duty Medal Honorable Mention Meritorious Police Duty New York City Police Department Medal of Honor Combat Cross Medal For Valor Commendation Meritorious Police Duty Excellent Police Duty FORMER HOUSING POLICE DEPARTMENT MEMBERS: Housing Police Department Authority Medal of Honor Police Combat Cross Authority Medal of Exceptional Merit Authority Commendation Meritorious Police Duty Excellent Police Duty New York City Police Department Medal of Honor Combat Cross Exceptional Merit Commendation Meritorious Police Duty Excellent Police Duty NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-17 MOURNING BANDS DATE ISSUED: 08/01/13 UNIFORMED MEMBER OF THE SERVICE 1. 2. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 May wear black elastic mourning band, ½ inch wide, on the shield, covering the seal of the city, but leaving the shield number or rank designation visible, upon the death of a member. Wear band, regardless of rank of the deceased as follows: a. Active member of the service - line of duty death (1) Members of his or her command - from time of death until 2400 hours on the tenth day after his or her death (2) Other members - from the time of death until 2400 hours on the day of the funeral b. Active member of the service - not line of duty (1) Members of his or her command - from 0001 hours until 2400 hours on the day of the funeral (2) Other members - while attending funeral services c. Retired members of the service - while attending funeral services. d. Police Memorial Day (1) MANDATORY for all members of the service attending the Headquarters ceremony in uniform. (2) OPTIONAL for all uniformed members of the service between 0001 hours and 2400 hours. e. National Peace Officers’ Memorial Day (1) OPTIONAL for all uniformed members of the service between 0001 and 2400 hours on May 15th annually. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-18 PROTECTIVE VESTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 UNIFORMED MEMBER OF THE SERVICE 1. NOTE Uniformed members of the service performing duty in uniform outside a Department facility may be exempted from wearing a protective vest by their respective Bureau Chief or Deputy Commissioner only. Uniformed members of the service performing enforcement duty in civilian clothes outside a Department facility may be exempted from wearing a protective vest by the member’s immediate supervisor if, in the opinion of the supervisor, the wearing of the protective vest would interfere with or be inappropriate for the member’s specific duty or assignment. 2. 3. NOTE MUST wear a protective vest, outside a Department facility, when: a. Performing duty in uniform b. Performing enforcement duty in civilian clothes. MUST contact the Police Academy Vest Unit prior to purchasing any vest other than the models available through the New York City Police Department contract. a. MUST present vest to designated Vest Unit personnel, after purchase, for inspection and approval prior to use, including vests purchased privately through the New York City Police Department contract. MUST wear one of the following protective vests: a. Any bullet resistant vest which is certified by the National Institute of Justice and exceeds Threat Level Type II (e.g., Threat Level Type IIIa). Members of the service are not authorized to wear any vest that is made of the material Zylon. Members of the service MUST wear their ballistic resistant vest panels with the vest carrier specifically designed to fit these panels. Generic vest carriers or vest carriers that are made to fit a range of ballistic panels are not authorized for use. Members of the service MUST wear their ballistic resistant vest panels with ancillary equipment issued, and specifically designed for use with the intended vest model. RELATED PROCEDURE Protective Vest – Use/Maintenance and Reserve Supply (P.G. 204-19) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-19 PROTECTIVE VEST - USE/MAINTENANCE AND RESERVE SUPPLY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To provide instructions on how to obtain a loan vest from a reserve supply and the proper maintenance and care of protective vests. SCOPE Members of the service are required to maintain, store and properly care for bullet resistant vests either owned by them or issued to them by this Department. Members will be guided by the use and care instructions contained in the ADDITIONAL DATA statement of this procedure, as well as any specific instructions provided by the manufacturer of the vest. NOTE Members are advised to inspect their Department issued or personally owned vests regularly. Any concerns relative to fit or serviceability should be brought to the attention of the member’s supervisor. The supervisor concerned will confer with the commanding officer and, if needed, direct member to report to the Police Academy Vest Unit for inspection of the vest. PROCEDURE When a member of the service is issued or purchases a protective vest: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. Wear protective vest as required by Patrol Guide procedure 204-18, “Protective Vests.” Properly care for and maintain protective vest possessed. a. Do not modify vest or carrier. Inspect vest regularly for signs of wear or lack of serviceability. a. Notify immediate supervisor if vest is perceived to be unserviceable. NOTE When a protective vest appears to be damaged, frayed, worn, or has excessive curling or creasing, it shall be brought to the attention of the member’s supervisor, who will inspect the protective vest, confer with the Police Academy Vest Unit for guidance, notify the member’s commanding officer and direct member to present the vest, along with a report on Typed Letterhead, to the Police Academy Vest Unit. SUPERVISOR CONCERNED 4. 5. 6. Inspect vest. Confer with Police Academy Vest Unit for guidance. Notify commanding officer and direct member to present vest along with a report on Typed Letterhead to the Police Academy Vest Unit for inspection if concerns about serviceability exist. WHEN A UNIFORMED MEMBER OF THE SERVICE REQUESTS A PROTECTIVE VEST FROM THE RESERVE SUPPLY STORED AT EACH PATROL BOROUGH COMMAND: DESK OFFICER 7. Direct uniformed member of the service that requires a protective vest from the reserve supply to contact the patrol borough command concerned. When a reserve supply is not present at a patrol borough command, uniformed members of the service will be directed to contact the Police Academy Vest Unit to obtain a reserve vest. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 204-19 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 4 Members of the service assigned to Housing, Transit, or any other bureau will contact the patrol borough located in the area of assignment to obtain a loan vest from the reserve supply. Uniformed members of the service must wear a protective vest outside a Department facility when performing duty in uniform and when performing enforcement duty in civilian clothes. For further guidelines regarding the wearing of protective vests see P.G. 204-18, “Protective Vests.” PATROL BOROUGH/ POLICE ACADEMY MEMBER CONCERNED 8. NOTE Utilize last page of command log for a list of serial numbers and sizes of all reserve vests assigned to command. REQUESTING MEMBER 9. COMMANDING 10. OFFICER/ PATROL BOROUGH/ POLICE ACADEMY ADDITIONAL DATA Make entry in command log indicating date/time out, tour, rank, name, shield, command, vest serial number, date/time returned, and remarks, each time a reserve vest is utilized. Return vest upon completion of tour, or as directed by competent authority. a. If retained for more than one tour, member will launder carrier prior to returning the loaner vest to the Police Academy Vest Unit or patrol borough command. When needed, have arrangements made for laundering of vest carriers in other circumstances in accordance with A.G. 316-24, “Expense Bills”. a. Expenditures for laundering will be funded from contingency expense funds or on credit basis with local vendor, as appropriate. When a uniformed member of the service is struck by a bullet on the protective vest and is apparently uninjured, he/she must be examined by a doctor to ascertain if blunt body trauma or internal injury has occurred. When a protective vest is struck by a bullet or sharp instrument it shall be brought to the Police Academy Vest Unit for inspection along with an official report describing the circumstances before being worn by any member of the service. A protective vest should not be worn when soaking wet since water may act as a lubricant permitting a projectile to penetrate. Uniformed members of the service will make every effort to prevent vests from getting soaking wet during rainstorms or in situations where member may enter water, i.e., rescue attempts, etc. When a uniformed member of the service is properly fitted for a protective vest in the standing position, the front and rear panels should just meet, and no excessive gaps should exist. From a seated position, there should be no excessive gap between the bottom edge of the vest and the duty belt. The opening of the armor must not ride up into the wearer’s neck. Whenever a uniformed member of the service is issued a new protective vest, they will sign a fit certification report attesting to the fact that the protective vest fits properly at the time of issuance. Uniformed NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-19 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 4 members of the service will still retain the right to return the protective vest for a two-day period after receiving it. The following instructions should be complied with when putting on a protective vest: a. Some type of undergarment should be worn under the vest to protect it from absorbing perspiration and body oils. b. Protective vests should be worn under uniform shirt or civilian attire if in plain clothes. c. Take a deep breath and expand the chest cavity. Hold breath while closing Velcro straps. d. Do not pull the Velcro straps too tight. Leave a little room for ventilation and comfort. e. Side panels should just meet if the vest is properly worn. No excessive gaps should exist. Bullet resistant vests should be cared for as outlined in the instructions provided with the vest, with particular attention to the following points: a. When possible, the vest should be stored flat, with the ballistic panels smoothed out. b. In the event that flat storage of vests is impractical, vests should be hung with a clip type hanger, alternating the direction of hanging at regular intervals. That is, vests should be hung right side up, then upside down, alternately. When utilizing a clip type hanger, the clip must be affixed to both the carrier and the ballistic panel. This will reduce the possibility of curling and prevent the stretching of the elastic straps. c. The vest should never be stored long term in a vehicle, particularly in the trunk of a vehicle due to temperature extremes. d. The vest should never be stored where any abrasive surface could degrade either the carrier or the ballistic panel. e. The vest should be stored out of sunlight, which can fade the carrier and possibly damage the ballistic material. f. When putting on or taking off the vest, exercise care not to crush the ballistic panel excessively. The Velcro fasteners must be opened and the vest should be put on and taken off over the head. Uniformed members of the service are reminded to follow the washing instructions attached to the label of the protective vest, especially the following: a. Remove ballistic filler inserts from the front and back of outer-shell vest (carrier) PRIOR TO WASHING OUTER SHELL. b. DO NOT USE BLEACH on ballistic panels. c. DO NOT MACHINE WASH ballistic panels. d. Make certain outer-shell carrier is completely dry before inserting ballistic panels. e. Ballistic panels should be washed using a low sudsing detergent and a damp sponge. f. Protective vests shall not be submerged in water. g. Ballistic panels should not be dried in sunlight or a dryer. They should be put on a flat surface and allowed to dry in a cool dark place. h. Outer shell Velcro straps should be secured prior to washing. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 204-19 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 ADDITIONAL DATA (continued) Protective vests that become worn or damaged due to negligence in care or storage, ill fitting due to a member of the service’s weight gain or loss, or lost due to a member’s negligence, shall be replaced by member concerned using annual uniform allowance funds. When vests are lost or damaged in the performance of duty, follow P.G. 204-07, “Lost or Damaged Uniform.” RELATED PROCEDURES Optional Uniform Items (P.G. 204-04) Protective Vests (P.G. 204-18) Firearms Discharge by Uniformed Members of the Service (P.G. 212-29) Line of Duty Injury or Death Occurring Within City (P.G. 205-05) Lost or Damaged Uniform (P.G. 204-07) Inspection of Uniforms (A.G. 305-06) Expense Bills (A.G 316-24) Force Record (A.G. 322-18) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Uniforms and Equipment Procedure No: 204-20 DUAL PURPOSE DISORDER CONTROL/SCOOTER HELMETS REPLACEMENT PARTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To replace parts of a Dual Purpose Disorder Control/Scooter Helmet. PROCEDURE When necessary to replace a part of a Dual Purpose Disorder Control/Scooter Helmet. U.M.O.S. 1. COMMANDING 2. 3. OFFICER/ 4. DESIGNEE 5. 6. Bring helmet and damaged part(s) to commanding officer/designee. Examine helmet and damaged part(s). Ascertain details regarding damaged part(s). Take appropriate action (e.g. Command Discipline) if inquiry reveals that the circumstances causing damage to the helmet or parts were due to individual carelessness, misuse or abuse. Prepare two copies of request on Typed Letterhead to Commanding Officer, Quartermaster Section including: a. Circumstances leading to damage b. Whether damage caused by carelessness, misuse or abuse c. Corrective action taken, if appropriate. Forward original request and REQUEST FOR SUPPLIES (PD561-160) with damaged part(s) to borough equipment coordinator. a. File duplicate request at command. BOROUGH EQUIPMENT COORDINATOR 7. 8. NOTE In case emergency replacement is required, telephone the Quartermaster Section, (Monday to Friday, 0800 to 1600 hours, except holidays) and be guided by their instructions. QUARTERMASTER SECTION 9. Issue replacement part(s) as available. a. Retain original copy of typed request, original and duplicate of REQUEST FOR SUPPLIES and damaged part(s). b. Return triplicate of REQUEST FOR SUPPLIES to borough equipment coordinator as receipt. BOROUGH EQUIPMENT COORDINATOR 10. Deliver part(s) and receipt to requesting command(s). COMMANDING 11. 12. OFFICER/ DESIGNEE Review request(s) and prepare a consolidated REQUEST FOR SUPPLIES. Forward request(s) and REQUEST FOR SUPPLIES to Quartermaster Section. Ensure replacement part(s) issued to requesting member of the service. File REQUEST FOR SUPPLIES as per instructions on form. ADDITIONAL DATA Helmet inspections, with verification of shield numbers, will be the subject of the semiannual inspection conducted during the months of May and November. FORMS AND REPORTS REQUEST FOR SUPPLIES (PD561-160) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-01 REPORTING SICK DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To notify the Department when a member is unable to perform duty due to illness, injury or any other physical/psychological condition. NOTE It is not necessary to report sick to request a limited capacity assignment from a district surgeon. DEFINITION ADMINISTRATIVE RETURN – A sick excusal for tour, which does not require a visit to a district surgeon. A request for Administrative Return must be made at least two hours prior to the start of the tour for which the leave will be granted. A uniformed member of the service must report for duty on the next scheduled tour following the administrative excusal. However, if the sickness continues into the next day, the uniformed member of the service may request a second Administrative Return at least two hours prior to the start of the next scheduled tour. The first and second Administrative Returns will count as one sick incident. Administrative Return is NOT authorized for: a. Injuries b. Line of Duty injuries or illnesses c. Uniformed member of the service designated Chronic Absent – Category B d. Dental problems e. Stress-related or other psychological conditions f. Major illnesses g. When, in judgment of the supervisor, it is inappropriate. PROCEDURE When illness, injury or any other physical/psychological condition prevents the performance of duty: UNIFORMED MEMBER OF THE SERVICE 1. Notify desk officer/supervisor at assigned command by telephone, in person, or by competent messenger at least two hours before the start of a scheduled tour. a. Have responsible person make notification by telephone, if incapable of making notification due to disability/sickness during the two hours prior to start of scheduled tour. b. Notify the Medical Division Sick Desk direct when assigned command is closed and follow the guidelines outlined in step “4” subdivisions “a” through “d.” (1) Notify desk officer/supervisor at assigned command and provide sick serial number when command reopens. DESK OFFICER/ SUPERVISOR 2. Offer uniformed member of the service Administrative Return, in cases of minor, non-line of duty illness, if eligible. a. Advise member concerned: (1) That each administrative excusal is for one tour (2) Must remain at residence or other authorized location unless permission to leave is granted by district surgeon or Sick Desk supervisor. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-01 PAGE: 08/01/13 DESK OFFICER/ SUPERVISOR 2 of 3 b. (continued) 3. UNIFORMED MEMBER OF THE SERVICE REVISION NUMBER: 4. 5. Indicate on pertinent records (ROLL CALL, SICK LOG [PD429-143], etc.) if member has accepted Administrative Return. Direct uniformed member of the service to report to Department Surgeon if member is ineligible for, or refuses Administrative Return. Report sick through the Medical Division’s Sick Desk, and: a. Obtain sick serial number b. Advise Sick Desk member of any change of address/location or telephone number c. Obtain name of Sick Desk member and record time notified d. Remain at residence or other authorized location unless permission to leave is granted by district surgeon or Sick Desk supervisor. Provide desk officer/supervisor at assigned command with the sick serial number obtained from the Sick Desk. DESK OFFICER/ SUPERVISOR 6. NOTE If member is not at stated location, the Sick Desk supervisor will be notified for a referral to the Medical Division’s Absence Control and Investigations Unit. 7. 8. 9. 10. NOTE Make return telephone call to verify that member is at stated location. Notify Sick Desk supervisor if special or unusual circumstances exist regarding member reporting sick (e.g., member reporting sick from out of state or out of country, etc.). Notify Medical Division’s Absence Control and Investigations Unit if member is suspected of malingering. Make appropriate entry on pertinent ROLL CALLS and notify relieving desk officer/supervisor if member is scheduled to perform duty with either of the next two platoons. Record pertinent information (including the sick serial number provided by member of the service who reported sick) in SICK LOG. Information received is to be treated in a confidential manner. SICK LOGS and other sick records should be maintained and stored separately from other Command Logs/records, and accessible only to persons authorized by the commanding officer to have access to the logs/records for the proper discharge of their duties. 11. 12. Query Medical Division Sick Reporting System via the Department Intranet to ensure the member who reported sick is listed as being on sick report. Access Medical Division Sick Reporting System at the start of tour to determine which members assigned to command are on sick report and/or not on full duty status. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-01 REVISION NUMBER: PAGE: 08/01/13 3 of 3 ROLL CALL SUPERVISOR 13. Access Medical Division Sick Reporting System, periodically throughout tour, to ascertain if members of the command have reported sick, their scheduled return to duty and duty status, in order to prepare ROLL CALLS and update pertinent command records. MEMBER ON ADMINISTRATIVE RETURN 14. Notify desk officer/supervisor at assigned command and Sick Desk at least two hours before next scheduled tour, if unable to report for duty due to continuation of illness. NOTE Member will continue on sick report and report to Department surgeon. This will count as one sick incident, upon consolidation by the Medical Division. UNIFORMED MEMBER OF THE SERVICE 15. COMMANDING 16. OFFICER 17. Report to Department Surgeon at next office hours. Ensure desk officer/supervisor reviews the Medical Division Sick Reporting System, via the Department Intranet, at the beginning of each tour. Ensure roll call supervisor reviews the Medical Division Sick Reporting System, via the Department Intranet, periodically throughout the tour. MEMBER UNABLE TO VISIT DEPARTMENT SURGEON 18. Notify commanding officer and Sick Desk supervisor of inability to visit Department surgeon. COMMANDING 19. OFFICER Make entry on ABSENCE AND TARDINESS RECORD (PD433-145) under caption “Investigation-Interview” concerning the interview and probable date of visit to Department surgeon. Notify member’s Department surgeon of results of interview and probable date of visit. UNIFORMED MEMBER OF THE SERVICE 20. ADDITIONAL DATA A uniformed member of the service on terminal leave may not be placed on sick report unless sickness or injury is the result of line of duty action while on terminal leave. A uniformed member of the service will not be permitted to report sick with a self-designated diagnosis of “old line of duty injury.” Designation of “old line of duty injury” for a specific sick event will be granted only upon examination and interview of the requesting member by a Department surgeon. RELATED PROCEDURES Pregnancy Leave For Uniformed Members Of The Service (P.G. 205-27) Absence Control (A.G. 318-12) Chronic Absence Control Program (P.G. 205-01) Reporting to Department Surgeon and Returning to Duty from Sick Report (P.G. 205-60) Notifying Court, Trial Room or Other Agencies when Member Reports Sick (P.G. 205-61) FORMS AND REPORTS ROLL CALL (PD 406-144) SICK LOG (PD429-143) ABSENCE AND TARDINESS RECORD (PD433-145) NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-02 REPORTING SICK FROM OUTSIDE CITY AND OUTSIDE RESIDENCE COUNTIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To report an injury or sick outside the city and outside residence counties. DEFINITION RESIDENCE COUNTIES - The six counties outside New York City where uniformed members of the` service are permitted to live, i.e., Nassau, Suffolk, Westchester, Rockland, Orange and Putnam. PROCEDURE Upon becoming sick or injured outside the city or residence counties to an extent that would prevent the proper performance of duty: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. Phone Medical Division - Sick Desk or send telegram to Commanding Officer, Medical Division, 59-17 Junction Boulevard, 16th Floor (1 Lefrak City Plaza), Corona, New York 11368. Give the following information: a. Name, rank, and shield number, permanent and temporary command, if any b. Present location and telephone number c. Nature of disability d. Name, address, and telephone number of attending physician e. Date of probable return to duty f. Scheduled appearances in court, trial room or before other government agencies. Obtain letter from attending physician describing disability and prognosis. a. Send letter to the Commanding Officer, Medical Division. Comply with instructions received from the C.O., Medical Division. a. Visit Medical Division or district surgeon as required. UPON BEING DIRECTED TO RETURN TO DUTY BY A DEPARTMENT SURGEON: UNIFORMED MEMBER OF THE SERVICE 5. 6. 7. Notify command by telephone of effective time and date of order to report for duty. a. Include limitations, if any, on type of duty to be performed. Report for duty when ordered. Deliver SICK REPORT RETURN (PD429-131) to desk officer, upon return to duty. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Pregnancy Leave For Uniformed Members of the Service (P.G. 205-27) Absence Control (A.G. 318-12) Chronic Absence Control Program (P.G. 205-45) FORMS AND REPORTS SICK REPORT RETURN (PD429-131) NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-03 RESPONSIBILITY FOR WEAPONS WHILE SICK DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To safeguard member’s weapons, shield and IDENTIFICATION CARD (PD416-091) while on sick report. PROCEDURE While on sick report: UNIFORMED MEMBER OF THE SERVICE 1. 2. DESK OFFICER 3. 4. 5. SUPERVISING OFFICER, DESIGNATED PRECINCT 6. 7. 8. 9. 10. 11. COMMAND CLERK DESK OFFICER 12. 13. 14. 15. 16. COMMAND CLERK DESK OFFICER 17. Safeguard pistols, revolvers, shield and identification card. Deliver to desk officer of resident precinct when unable to safeguard. a. If unable to deliver, notify desk officer of permanent command. Check FORCE RECORD (PD406-143) to determine firearms to be safeguarded. Determine the location and length of time property to be safeguarded. Notify desk officer of a specified precinct to assign a supervising officer to the location to obtain property. a. Precinct designated will be determined by location of property. Visit location and obtain property. Prepare one copy of PROPERTY CLERK INVOICE (PD521-141) for firearms obtained. a. Mark INVOICE “Property of Sick Member, Held for Safekeeping Only.” Deliver all property to desk officer with copy of PROPERTY CLERK INVOICE. Make ACTIVITY LOG (PD 112-145) entry of facts. Prepare PROPERTY CLERK INVOICE for weapons being safeguarded. Prepare two copies of report on Typed Letterhead indicating circumstances, numbers on shield and identification card being safeguarded, if items removed from uniformed member of the service. Make Command Log entry of facts. Store property at command, if safeguarding required less than one week. Forward firearms to Property Clerk borough office with PROPERTY CLERK INVOICE after one week. Forward shield and identification card with report on Typed Letterhead to Identification Card and Shield Unit after one week. Prepare copies of authorization to obtain property for Property Clerk and Identification Card and Shield Unit when member capable of caring for property. Sign authorization and deliver to member’s command. UNIFORMED MEMBER OF THE SERVICE 18. 19. Pick up property at command where stored. Sign bottom of authorization as receipt for property. FORMS AND REPORTS ACTIVITY LOG (PD 112-145) FORCE RECORD (PD406-143) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-04 DEPARTMENT AMBULANCE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To provide ambulance service, oxygen therapy and/or medical appliances under certain circumstances. ELIGIBILITY Uniformed members of the service, active and retired, and members of their immediate families. PROCEDURE When Department ambulance service, oxygen therapy and/or medical appliances are required. UNIFORMED MEMBER OF THE SERVICE 1. 2. NOTE Emotionally disturbed persons or cases in which an airborne contagious disease is diagnosed or suspected are not to be transported in Department Ambulance. EMERGENCY MEDICAL SQUAD DISPATCHER 3. ADDITIONAL DATA 4. Telephone Emergency Medical Squad, Emergency Service Unit. Advise dispatcher of service required. Notify Special Operations Division if vehicle is to respond to location outside New York City. Make required Log entries. Ambulance service, oxygen therapy and/or medical appliances, including hospital beds, wheelchairs, walkerettes, etc., are available Monday through Friday, from 0630 to 2300 hours. Ambulance service is available at other times, if sufficient notice is given. In emergency cases where oxygen therapy is already in place, Emergency Service Units can provide oxygen bottles until such time as the Emergency Medical Squad can provide a replacement. Emergency Medical Squad vehicles will respond to locations within New York City or a 250 mile radius, without prior approval, providing that one point of trip is within the confines of New York City. a. Any variations of the above must be approved by the Commanding Officer, Emergency Medical Squad or the Director of the Police Relief Fund. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-05 LINE OF DUTY INJURY OR DEATH OCCURRING WITHIN CITY DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 6 PURPOSE To report and record line of duty injuries and deaths occurring within the city. DEFINITION INVESTIGATING SUPERVISOR - As used in this procedure will be as follows: a. The platoon commander, precinct of occurrence, if available, will act as the investigating supervisor and will complete parts “A” and “B” of the LINE OF DUTY INJURY REPORT (PD429-154). b. If platoon commander is unavailable, a patrol supervisor, precinct of occurrence, will act as the investigating supervisor and will complete part “B” of the LINE OF DUTY INJURY REPORT. The desk officer will designate a second supervisor, assigned to the precinct of occurrence to prepare part “A” of the REPORT. If a second supervisor is unavailable, the desk officer will prepare part “A” of the REPORT. Only the platoon commander, precinct of occurrence, may prepare both parts “A” and “B” of a LINE OF DUTY INJURY REPORT. In addition, if the injured member is assigned to other than a precinct command, or the Police Academy, a supervising officer of such member’s command, if available, will perform the tasks of the investigating supervisor. If the injured member dies or is likely to die, the precinct commander/duty captain will be the investigating supervisor. PROCEDURE Upon receiving an injury in the performance of police duty, whether on or off duty, or arriving at a location where a uniformed member of the service is injured: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. DESK OFFICER 5. 6. 7. 8. 9. Request patrol supervisor to respond. Notify desk officer of: a. Circumstances of injury b. Names and addresses of witnesses c. Whether reporting sick. Request witnesses to await arrival of supervisor. Remain at scene unless: a. Hospitalization or medical attention is required b. Further police action is necessary. Notify the investigating supervisor, as indicated in the above “DEFINITION.” Notify injured member’s command if member is not assigned to precinct of occurrence. Notify precinct commander or duty captain if member dies or is likely to die. Notify borough commander and Operations Unit if member dies. Immediately notify the Sick Desk supervisor or Sick Desk when any of the following conditions, relating to a line of duty injury exist: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-05 REVISION NUMBER: PAGE: 08/19/13 a. DESK OFFICER (continued) b. c. d. e. 2 of 6 Where the incident causing the injury was NOT specifically witnessed, AND Injury occurred within any police facility (building, office, etc.), OR Injury occurred in the immediate vicinity of any police facility (parking lot, perimeter sidewalk, etc.), OR Injury occurred during the first two hours of a tour. Any request for line of duty injury designation by an off-duty uniformed member of the service. NOTE See Additional Data for hospital guidelines regarding members seriously injured or killed in line of duty. PATROL SUPERVISOR 10. 11. Respond to scene. Request desk officer to designate a second supervisor, precinct of occurrence, to complete part “A” of LINE OF DUTY IN JURY REPORT. a. If a second supervisor is unavailable, the desk officer will complete part “A” of the REPORT. DESIGNATED SUPERVISOR 12. Complete part “A” of LINE OF DUTY INJURY REPORT. INVESTIGATING SUPERVISOR 13. 14. 15. Interview injured member and investigate circumstances. Make initial report to desk officer without delay. Notify the Operations Unit promptly, if the member of the service injured requires hospital treatment. a. An additional notification to the Operations Unit is also required before final reports are prepared to update Operations of the status of the injured member of the service. NOTE This notification is in addition to, and does not preclude the requirement for other notifications to Operations as indicated elsewhere in this procedure. 16. 17. 18. 19. 20. NOTE Interview witnesses and request them to prepare and sign WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065). Complete part “B” of LINE OF DUTY INJURY REPORT. Prepare Police Accident Report (MV104AN), if vehicle collision involved. Direct injured member, or if he is incapacitated assign a member, to prepare an AIDED REPORT (PD304-152) if a vehicle is not involved. Instruct injured member to complete part “C” of LINE OF DUTY INJURY REPORT if member requests line of duty designation of injury. Part “C” of LINE OF DUTY INJURY REPORT will be completed by precinct commander/duty captain if injured member is unable to do so. 21. Deliver completed reports to desk officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-05 3 of 6 Obtain Sick Desk control number whether injured member reports sick or not. Make entry on SICK LOG (PD429-143) if injured member reports sick. Fax the worksheet copy of LINE OF DUTY INJURY REPORT to Medical Division’s Sick Desk Supervisor. Faxing the worksheet copy of the LINE OF DUTY INJURY REPORT to the Medical Division’s Sick Desk Supervisor enables the Medical Division to make a preliminary determination regarding whether the injured member of the service qualifies for the “Line-of Duty Prescription Program.” Faxing the worksheet copy does not eliminate the requirement of forwarding the finalized copy of the LINE OF DUTY INJURY REPORT with all of the required signatures to the Medical Division. 25. 26. 27. 28. PRECINCT COMMANDING OFFICER, DUTY CAPTAIN NOTE PAGE: 08/19/13 DESK OFFICER 22. 23. 24. NOTE REVISION NUMBER: Photocopy LINE OF DUTY INJURY REPORT and forward direct to Medical Division, attention Line of Duty Desk. Immediately deliver completed LINE OF DUTY INJURY REPORT and WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT to precinct commander/duty captain. Forward AIDED REPORT or Police Accident Report in normal manner: a. Forward copy of reports to injured member’s command if not assigned to precinct of occurrence b. Have copies of reports forwarded to Police Pension Fund if member is killed in the line of duty or seriously injured and likely to die. Review LINE OF DUTY INJURY REPORT and WITNESS STATEMENT-INJURY TO MEMBER OF THE DEPARTMENT, indicate approval or disapproval, and sign. a. If disapproved, indicate reason on rear of original LINE OF DUTY INJURY REPORT. See Additional Data for further information regarding line of duty designations by Medical Division. 29. 30. 31. 32. Prepare a comprehensive report on Typed Letterhead addressed to the Commanding Officer, Medical Division detailing the circumstances of the injury when the injured member of the service is a Probationary Police Officer. Prepare unusual occurrence report for line of duty death or serious injury and likely to die and forward as indicated in P.G. 212-09, “Unusual Occurrence Reports”. Forward LINE OF DUTY INJURY REPORT per directions on form with WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT and comprehensive report on Typed Letterhead, if applicable, attached. a. Have copies of these reports forwarded to Police Pension Fund if line of duty death or serious injury and likely to die. Comply with the pertinent provisions of the Trauma Counseling Program as indicated in P.G. 205-08, “Trauma Counseling Program”. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-05 ADDITIONAL DATA REVISION NUMBER: PAGE: 08/19/13 4 of 6 When a member of the service is treated at a hospital for a line of duty injury, the following information, ONLY, is to be entered in hospital records pertaining to address and telephone number of injured member: Police Department, City of New York, Medical Division, 1 Lefrak City Plaza, 59-17 Junction Boulevard, Corona, New York 11368, Room 1524; telephone number (718) 760-7573, Monday - Friday, 0900-1700 hours; (718) 760-7600, all other hours. Member’s command, home address and telephone number will not be disclosed to hospital authorities or anyone else unless authorized supervisory officer determines requesting person is entitled to the information. When a uniformed member of the service is struck by a bullet on a protective vest and is apparently uninjured, the member must be examined by a doctor to ascertain if a blunt body trauma or internal injury has occurred. When an injured member is hospitalized or dies, the patrol supervisor will ensure that firearms, Department property (shield, identification card, nameplate, etc.), and personal effects of member are removed and safeguarded. Medical Division will make final determination of APPROVAL/ DISAPPROVAL of ALL applications for line of duty injury/illness designation and will notify the commanding officer of member concerned of final designation. Uniformed members of the service may request verification of the final designation from the commanding officer. NOTE Retired uniformed members of the service may request verification of the final designation, in writing, to the Medical Division, 1 Lefrak City Plaza, 59-17 Junction Boulevard, Corona, New York. HOSPITAL GUIDELINES REGARDING UNIFORMED MEMBERS OF THE SERVICE SERIOUSLY INJURED OR KILLED IN THE LINE OF DUTY: When a uniformed member of the service is seriously injured or killed in the line of duty, the Operations Unit will notify the following members of the service to respond to the hospital: a. b. c. d. e. f. g. h. i. j. k. l. Police Commissioner First Deputy Commissioner (if Police Commissioner is not available) Chief of Department Chief of Detectives (to supervise investigation) Bureau chief of the injured or deceased member Deputy Commissioner-Public Information Supervising Chief Surgeon Department Chaplain Commanding Officer, Employee Relations Section Lieutenant-Employee Relations Section, borough concerned Patrol borough commanding officer Patrol borough executive officer (if borough commanding officer is not available) m. n. o. p. q. r. s. t. u. v. Duty inspector (to supervise and control access to emergency room and adjacent areas by responding members of the service) Patrol borough operations commander (if duty inspector not available) Commanding officer/duty captain (will prepare the Unusual Occurrence Report) Detective borough commander Detective assigned to investigate the case Crime Scene Unit detective or technician Policewomen’s Endowment Association representative if a female police officer is the victim Line organization representative Early Intervention Unit representative (EIU) Police Organization Providing Peer Assistance (POPPA) representative NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-05 ADDITIONAL DATA (continued) a. b. c. d. e. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 5 of 6 The following members of the service will be permitted to speak to the injured member or view the body of the deceased member: Police Commissioner First Deputy Commissioner Chief of Department Bureau chief concerned Patrol borough commanding officer (or representative) f. g. h. i. j. Detective assigned to the case Crime Scene Unit detective or technician Union representative Policewomen’s Endowment Association representative if a female police officer is the victim Department Chaplain The hospital guidelines also apply to uniformed member of the service seriously injured or killed in the line of duty within residence counties. Uniformed members of the service and/or their families may be entitled to both medical and financial benefits under the Federal Employees Compensation Act (F.E.C.A.), if a Federal Statute was violated and the injury occurred while apprehending or attempting to apprehend an individual who violated such statute. Therefore, the investigating supervisor will make an entry on the LINE OF DUTY INJURY REPORT (PD429-154), in box captioned “Patrol Command Supervisors Report of Injury,” indicating whether the injury comes under F.E.C.A. or whether F.E.C.A. does not apply in this case. If the injury comes under F.E.C.A., the member’s commanding officer will forward the following items to Medical Division, (attn. Federal Compensation Liaison Officer), 1 Lefrak City Plaza, within ninety days of occurrence: a. Copy of LINE OF DUTY INJURY REPORT and WITNESS STATEMENT INJURY TO MEMBER OF THE DEPARTMENT (PD429-065), if prepared. b. Copy of Unusual Occurrence Report, if prepared. c. Copy of perpetrator’s arrest history (rap sheet), if an arrest is effected. d. Copy of criminal court complaint, if arrest is effected. e. Copy of firearms trace, if weapon involved. f. Copy of a fully completed United States Department of Labor form BEC-721a entitled, “Notice of Law Enforcement Officer’s Injury or Occupational Disease.” (Form may be obtained from Federal Compensation Liaison Office). In unusual circumstances, when a line of duty designation cannot be made expeditiously pending the results of an investigation or other circumstances, the ranking officer responsible for forwarding the LINE OF DUTY INJURY REPORT to the Medical Division will have report prepared on Typed Letterhead, clearly indicating the reasons for the delay and the approximate time period required to complete the investigation. The Typed Letterhead will be forwarded to the Medical Division within sixty days from the date that the initial request for line of duty designation was made. Subsequent reports will be forwarded for each additional sixty day period, if necessary. To provide the Federal Bureau of Investigation (F.B.I.) statistical and descriptive information for use in law enforcement training, the Commanding Officer, Medical Division will provide the Chief of Department Investigation Review Section with copies of LINE OF DUTY INJURY REPORTS for shot or stabbed officers. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-05 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 6 of 6 RELATED PROCEDURES Aided Cases-General Procedure (P.G. 216-01) Department Vehicle Collisions (P.G. 217-06) Unusual Occurrence Reports (P.G. 212-09) Firearms Discharge by Uniformed Members of the Service (P.G. 212-29) Reporting Sick (P.G. 205-01) Supervision of Members of the Service Receiving Physical Therapy for Line of Duty Injuries (P.G. 205-09) Exposure of Members of the Service to Infectious Diseases or Hazardous Materials (P.G. 205-10) Line of Duty Injury or Death - Outside City in Residence Counties (P.G. 205-02) Trauma Counseling Program (P.G. 205-08) Death of Member of the Service (P.G. 205-07) FORMS AND REPORTS AIDED REPORT (PD304-152) LINE OF DUTY INJURY REPORT (PD429-154) POLICE ACCIDENT REPORT (MV104AN) SICK LOG (PD429-143) UNUSUAL OCCURRENCE REPORT(PD370-152) WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-06 LINE OF DUTY INJURY OR DEATH OUTSIDE CITY IN RESIDENCE COUNTIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To report a line of duty injury or death incurred by a uniformed member of the service outside the city within residence counties. DEFINITIONS RESIDENCE COUNTIES - The six counties outside New York City wherein uniformed members of the service are permitted to live, i.e., Nassau, Suffolk, Westchester, Rockland, Orange and Putnam. INJURED IN LINE OF DUTY OUTSIDE NEW YORK CITY - Injured while performing duty that uniformed member was specifically assigned to perform, outside the city, by competent authority within the Department or while taking police action as authorized by Section 140.10 of the Criminal Procedure Law. PROCEDURE When injured in the line of duty in one of the residence counties whether reporting sick or not: UNIFORMED MEMBER OF THE SERVICE 1. 2. NOTE If unable to call Medical Division, Sick Desk, request responsible person to make notification. Notify local police authorities if appropriate. Telephone Medical Division, Sick Desk, giving: a. Circumstances b. Names and addresses of witnesses. 3. 4. Comply with instructions received from Sick Desk personnel. Notify Operations Unit immediately if arrest involved. 5. Respond to location and conduct investigation as specified in P.G. 20505, “Line Of Duty Injury Or Death Occurring Within City.” a. A Department vehicle may be used for this purpose without prior permission being obtained. DESK OFFICER 6. Make entries in Department records and insure that required forms have been prepared. INVESTIGATING SUPERVISOR ADDITIONAL DATA Uniformed members of the service and/or their families may be entitled to both medical and financial benefits under the Federal Employees Compensation Act (F.E.C.A.), if a Federal Statute was violated and the injury occurred while apprehending or attempting to apprehend an individual who violated such statute. Therefore, the investigating supervisor will make an entry on the LINE OF DUTY INJURY REPORT (PD429-154) in box captioned “Patrol Command Supervisor’s Report of Injury,” indicating whether the injury comes under F.E.C.A. or whether F.E.C.A. does not apply in this case. If the injury comes under F.E.C.A., the member’s commanding officer will forward the following items to Medical Division, (Attn. Federal Compensation Liaison Officer), 1 Lefrak City Plaza, within ninety days of occurrence: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-06 REVISION NUMBER: PAGE: 08/01/13 2 of 2 ADDITIONAL DATA (continued) a. RELATED PROCEDURE Line Of Duty Injury Or Death Occurring Within City (P.G. 205-05) FORMS AND REPORTS LINE OF DUTY INJURY REPORT (PD429-154) UNUSUAL OCCURRENCE REPORT (PD370-152) WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065) Unusual Occurrence Report b. c. d. e. f. Copy of LINE OF DUTY INJURY REPORT and WITNESS STATEMENT INJURY TO MEMBER OF THE DEPARTMENT (PD429-065), if prepared. Copy of Unusual Occurrence Report, if prepared. Copy of perpetrator’s arrest history (rap sheet), if an arrest is effected. Copy of criminal court complaint, if arrest is effected. Copy of firearms trace, if weapon involved. Copy of a fully completed United States Department of Labor form BEC-721a entitled, “Notice of Law Enforcement Officer’s Injury or Occupational Disease.” (Form may be obtained from Federal Compensation Liaison Office). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-07 DEATH OF MEMBER OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To record the death of a member of the service, uniformed and civilian. PROCEDURE Upon learning of the death of an active member of the command or a retired member of the service, uniformed or civilian residing within the command: DESK OFFICER 1. 2. 3. 4. COMMANDING 5. OFFICER 6. CONCERNED RELATED PROCEDURES Cause the following information to be obtained. a. Rank, full name, shield number, command b. Time and date of death c. Place of death (residence, hospital, elsewhere) d. Residence address e. Funeral (time, date, location) f. Time, date and location of service g. Cemetery (name and location) h. Whether deceased was a member of a religious, fraternal or patriotic organization of this Department i. Whether chaplain is desired (state denomination) j. If uniformed member of the service, whether pallbearers or escort is desired k. Next of kin (full name, address, telephone number and relationship) l. Funeral director (name, address and telephone number) m. Whether deceased was a medal recipient (Honorable Mention and medal) n. If an active member - was death caused as result of performing police duty, or otherwise o. If a retired member - date of retirement. Telephone information to Communications Section. a. If an active member of the service, uniformed or civilian, immediately notify the Internal Affairs Bureau, Command Center at (212) 741-8401. Notify unit commander. Post information on bulletin board for benefit of members of command if active member. Cause member’s weapons and Department property to be obtained if active member. Deliver non-department property from member’s locker to authorized recipient where applicable. Line of Duty Injury or Death Occurring Within City (P.G. 205-05) Line of Duty Injury or Death Outside City in Residence Counties (P.G. 205-06) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-08 TRAUMA COUNSELING PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To provide Trauma Counseling Services for members of the service (uniformed and civilian) involved in shooting incidents, disasters, or other violent occurrences resulting in death or injury. SCOPE A member of the service (uniformed or civilian) will be referred to the Trauma Counseling Program when involved in a shooting incident, disaster, or other violent occurrences resulting in death or injury. These include, but are not limited to, the following: a. Member is shot or otherwise seriously injured. b. Member discharges a weapon causing injury or death to another. c. Member causes, accidentally or otherwise, serious physical injury or death to another. d. Member is directly involved in an incident where his/her partner was killed or seriously injured, etc. e. Member is directly involved in incidents or serious disasters where multiple serious injuries and deaths have occurred. The Trauma Counseling Team will respond to all incidents involving: a. Member of the service is shot, killed, or seriously injured in the performance of duty. b. Any incident pursuant to a request from a captain or above. PROCEDURE When a member of the service (uniformed or civilian) is involved in a shooting incident, disaster or other violent occurrence resulting in death or injury: DESK OFFICER 1. Notify Operations Unit and provide details of incident. OPERATIONS UNIT SUPERVISOR 2. Notify Sick Desk supervisor, provide detailed information and request response of Trauma Counseling Team. SICK DESK SUPERVISOR 3. Ascertain from Operations Unit and/or the ranking supervisor at the scene: a. Location the Trauma Team should respond to b. Name of supervisor who will be contact person at the scene. Arrange for transportation of Trauma Team. 4. RANKING SUPERVISOR AT SCENE 5. 6. Ensure members in need of trauma counseling are available for interview, where possible, by responding Trauma Team upon their arrival. Provide a suitable place for the trauma interview, where possible. SUPERVISOR TRAUMA COUNSELING TEAM 7. Respond to location and report to designated contact person at the scene. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-08 REVISION NUMBER: PAGE: 08/01/13 2 of 3 NOTE Trauma Team members will wear authorized nylon windbreaker jackets with the NYPD logo on the front and the words “N.Y.C. POLICE” printed on the back (P.G. 204-04, “Optional Uniform Items”). TRAUMA COUNSELING TEAM 8. 9. 10. Respond, if required, to stationhouse of precinct of occurrence or other location, to make contact and converse with member(s) of the service involved in the incident. Visit the place of occurrence, if necessary. Notify the member concerned that he/she will be contacted for a followup meeting forty-eight hours after the event or initial contact, as appropriate. a. Any additional counseling/interview sessions after the forty-eight hour meeting will be scheduled within one to six weeks after the incident. NOTE ALL CONVERSATION WITH THE TRAUMA COUNSELING TEAM BY MEMBERS OF THE SERVICE (UNIFORMED AND CIVILIAN) WILL BE STRICTLY CONFIDENTIAL. MEMBER OF THE SERVICE 11. 12. COMMANDING 13. OFFICER/ DUTY 14. CAPTAIN 15. 16. ADDITIONAL DATA Cooperate with members of the Trauma Counseling Team and keep appointments for follow-up meetings as scheduled. Report to Psychological Services Unit or other location as required, fortyeight hours after the incident, or initial contact with Trauma Counseling Team. a. Report for additional follow-up counseling/interview meetings scheduled with the Trauma Counseling Team. Cooperate with members of the Trauma Counseling Team and permit them access to the individual member(s) of the service involved in the shooting, disaster or other violent event. Verify that a member(s) of the service involved in the shooting, disaster or violent incident has been referred and contacted in person by a member of the Trauma Counseling Team. Have UNUSUAL OCCURRENCE REPORT (PD370-152) prepared and list members of the service involved in the incident who were contacted by the Trauma Counseling Team. Forward copies of the report, FIREARM DISCHARGE/ASSAULT REPORT (PD424-151), if prepared, and other reports prepared to the Commanding Officer, Medical Division, 59-17 Junction Boulevard, 16th Floor, Corona, New York 11368. The Trauma Counseling Team is staffed by the Chief Surgeon, Director, Psychological Evaluations Unit and licensed certified professionals of the Medical Division. Trauma Team members will not interfere with on-going investigations. In addition, team members will not be assigned any duties outside their functions as Trauma Counselors when responding to the occurrence site. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-08 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 ADDITIONAL DATA (continued) This procedure does not prevent in any way the voluntary use of or referral to any of the Employee Assistance Programs or units in the Department for any reason at any time. The services of the Trauma Counseling Team are also available to members who are involved in personal or family tragedies, e.g., violent criminal incidents involving themselves or their families, death in family, etc. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Line Of Duty Injury Or Death Occurring Within City (P.G. 205-05) Supervision Of Members Of The Service Receiving Physical Therapy For Line Of Duty Injuries (P.G. 205-09) Line Of Duty Injury Or Death Outside City In Residence Counties (P.G. 205-06) Firearms Discharge And Assaults Involving Uniformed Members Of The Service (P.G. 21229) FORMS AND REPORTS FIREARM DISCHARGE/ASSAULT REPORT (PD424-151) UNUSUAL OCCURRENCE REPORT (PD370-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-09 SUPERVISION OF MEMBERS OF THE SERVICE RECEIVING PHYSICAL THERAPY FOR LINE OF DUTY INJURIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To provide physical therapy treatments for members of the service injured in the line of duty. PROCEDURE When a district surgeon determines that a member of the service injured in the line of duty requires physical therapy: DISTRICT SURGEON 1. 2. Prepare REQUEST FOR MEDICAL SERVICE AUTHORIZATION (PD429-164). Direct member concerned to report to the clinic supervisor to obtain forms necessary to obtain treatment. CLINIC SUPERVISOR 3. Provide the member with the following forms: a. CERTIFICATION OF LINE OF DUTY INJURY /AUTHORIZATION FOR TREATMENT (PD429-052) with attached Authorization for Release of Health Information Pursuant to HIPAA (OCA Official Form No. 960). b. THERAPY VERIFICATION (PD429-067). c. NOTIFICATION OF LINE OF DUTY THERAPY AUTHORIZATION (PD429-053). MEMBER CONCERNED 4. Initial item 9b of Authorization for Release of Health Information Pursuant to HIPAA and sign form. Present photocopies of CERTIFICATION OF LINE OF DUTY INJURY/AUTHORIZATION FOR TREATMENT and Authorization for Release of Health Information Pursuant to HIPAA to the integrity control officer along with THERAPY VERIFICATION and NOTIFICATION OF LINE OF DUTY THERAPY AUTHORIZATION. 5. INTEGRITY CONTROL OFFICER 6. 7. Review forms and return THERAPY VERIFICATION to member. Retain NOTIFICATION OF LINE OF DUTY THERAPY AUTHORIZATION and the photocopies of CERTIFICATION OF LINE OF DUTY INJURY/AUTHORIZATION FOR TREATMENT and Authorization for Release of Health Information Pursuant to HIPAA for the duration of the member’s physical therapy treatment. MEMBER CONCERNED 8. Present to therapist, prior to treatment, the CERTIFICATION OF LINE OF DUTY INJURY/AUTHORIZATION FOR TREATMENT with attached Authorization for Release of Health Information Pursuant to HIPAA. Obtain schedule of treatments from therapy provider and forward to roll call personnel. 9. NOTE Report any changes of therapy schedule to roll call personnel. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-09 REVISION NUMBER: PAGE: 08/01/13 2 of 3 MEMBER CONCERNED (continued) 10. Update THERAPY VERIFICATION form after each physical therapy session. INTEGRITY CONTROL OFFICER 11. Make periodic inquiries to the therapy provider during the course of treatments to ensure member is properly attending therapy. NOTE Physical therapy authorized by a district surgeon is never granted for a non line of duty injury. The fact that a member is on restricted duty does not entitle the member to attend physical therapy on duty. MEMBER CONCERNED 12. Return completed THERAPY VERIFICATION form to integrity control officer upon completion of final physical therapy treatment. INTEGRITY CONTROL OFFICER 13. Verify member’s attendance for treatment at time and date specified on completed THERAPY VERIFICATION form. Return copy of completed THERAPY VERIFICATION form to the Medical Bills Department of the Medical Division. ADDITIONAL DATA 14. When members attend physical therapy at the beginning of a tour, the member will report on duty upon arrival at therapy location and be given a reasonable amount of time to travel back to command upon completion. When members attend therapy in the middle of a tour of duty, the member will be given a reasonable amount of time to travel to the therapy location, complete the therapy, and be given a reasonable amount of time to travel back to command. When members attend therapy near the end of a tour of duty, the member will be given a reasonable amount of time to travel to the therapy location. Upon completion, the member will end the tour at the therapy location and will not be granted time to travel to his/her residence. If the therapy is completed prior to the scheduled end of tour, the member must request lost time by calling the command. A member must submit a request for lost time if therapy commences after the start of tour and the member elects to travel from their residence to the therapy location direct. Alternatively, a member may request a tour adjustment and begin the tour upon arriving at therapy location, needs of the service permitting. A change of tour should not be granted for the sole purpose of ensuring therapy occurs during department time, (i.e. an officer assigned to a midnight tour should not be granted a tour change to a day tour to attend an afternoon therapy session.) District surgeons may authorize twelve physical therapy sessions to a member of the service, and may repeat the authorization two additional times for a total of thirty six sessions. A member who requires additional therapy beyond thirty six sessions must obtain authorization from a Department Orthopedist. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-09 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 RELATED PROCEDURES Reporting Sick (P.G. 205-01) Line of Duty Injury or Death Occurring Within City (P.G. 205-05) Line of Duty Injury or Death Outside City in Residence Counties (P.G. 205-06) FORMS AND REPORTS REQUEST FOR MEDICAL SERVICE AUTHORIZATION (PD 429-164) CERTIFICATION OF LINE OF DUTY INJURY/AUTHORIZATION FOR TREATMENT (PD429-052) THERAPY VERIFICATION (PD429-067) NOTIFICATION OF LINE OF DUTY THERAPY AUTHORIZATION (PD429-053) Authorization for Release of Health Information Pursuant to HIPAA (OCA Official Form No. 960) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-10 EXPOSURE OF MEMBERS OF THE SERVICE TO INFECTIOUS DISEASES OR HAZARDOUS MATERIALS DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 4 PURPOSE To provide instructions and minimize risk to members of the service (uniformed and civilian) or auxiliary police officers who have contact with or handle an animal or person who may have an infectious disease, or who have contact with or handle hazardous materials. DEFINITIONS INFECTIOUS DISEASE - as used in this procedure, includes diseases capable of being transmitted by contact with an infected animal’s saliva or central nervous system tissue, or with an infected individual’s blood or body fluids. HAZARDOUS MATERIAL - as used in this procedure, includes any chemical, biological, or radiological substance which is a health hazard. Chemical health hazards include carcinogens, toxic agents, irritants, corrosives, or agents which damage the lungs, skin, eyes, or mucous membranes, etc. Chemical physical hazards include flammable or combustible liquids, compressed gas, or explosive or reactive substances, etc. EXPOSURE TO AN INFECTIOUS DISEASE - as used in this procedure, includes those situations where a member of the service is exposed by airborne transmission or direct contact to an individual suspected of having a disease, or where a member comes in contact with the blood or body fluids of an individual suspected of having an infectious disease, or, where a member of the service is injured as the result of a human or animal bite, or hypodermic needle puncture, or other contaminated sharp instrument, or where a member of the service is exposed to an animal suspected of having an infectious disease, or where a member comes in contact with the saliva or central nervous system tissue of an animal suspected of having an infectious disease. EXPOSURE TO A HAZARDOUS MATERIAL - as used in this procedure, includes those situations where a member of the service is exposed to a hazardous material whether through inhalation, ingestion, skin contact, or parenteral contact. UNIVERSAL PRECAUTIONS - as used in this procedure, is an approach to infection control. According to this approach, all human blood and certain body fluids are to be treated as if they are known to be infectious for human immunodeficiency virus (HIV), hepatitis B virus (HBV), or other bloodborne pathogens; and in addition, all animal saliva and central nervous system tissue are to be treated as if they are known to be infectious for rabies. All efforts to avoid contact with these potentially infectious materials should be taken as well as utilizing whatever protective equipment is available. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-10 REVISION NUMBER: PAGE: 08/19/13 2 of 4 DEFINITION (continued) DESIGNATED OFFICER - an individual designated under 42 U.S.C. 300ff-86 by the Public Health Officer of the State involved (42 U.S.C. 300ff-76) to execute provisions of Section 411 of the Ryan White Comprehensive AIDS Resources Emergency Act regarding emergency response employees who request a determination whether they were exposed to an infectious disease. NOTE To avoid unnecessary exposure, control of the aided/collision victim, or prisoner will be assigned to an officer at the scene who has already had contact with a person suspected of having an infectious disease. The assigned officer will be responsible for completing the processing of the individual. If there are numerous individuals involved, the patrol supervisor at the scene will be responsible for the coordination of information and documenting the name, etc., of the members of the service involved. This Department is offering certain members of the service the opportunity to receive, free of charge, preexposure, a series of three inoculations of the vaccine against Hepatitis B; and free of charge, post-exposure inoculation. This Department is offering certain members of the service the opportunity to receive, free of charge, pre-exposure, a routine annual or biannual, Mantoux (PPD) skin test against tuberculosis (based on a determination of a significant occupational exposure); and, free of charge, post-exposure, a Mantoux (PPD) skin test against tuberculosis (based on a determination of a significant exposure). PROCEDURE Upon being exposed to an infectious disease, hazardous material, or suffering a human or animal bite, or hypodermic needle puncture wound: MEMBER OF THE SERVICE 1. 2. NOTE Comply with the guidelines listed in “ADDITIONAL DATA” statement of this procedure, when possible. Notify desk officer, precinct of occurrence. When exposure involves an actual injury, the member of the service concerned will be transported to the hospital for treatment and P.G. 205-05, “Line Of Duty Injury Or Death Occurring Within The City”, or 205-06, “Line Of Duty Injury Or Death Outside City In Residence Counties,” will be complied with as appropriate. When exposure does not involve an actual injury and the exposure is related to tuberculosis, the member of the service concerned should consider this Department’s offer of Mantoux (PPD) skin testing which is free of charge. When tested and the results are positive, notify Unit Safety Officer to initiate entry on State of New York - Department of Labor Log and Summary of Occupational Injuries and Illnesses (DOSH 900). Tuberculosis infection and tuberculosis disease are both recordable on DOSH 900 logs. A code (e.g., maiden name pseudonym) may be used to substitute for the description of injury or illness (column [F]). DESK OFFICER 3. 4. 5. Notify Medical Division, Sick Desk and obtain exposure report number. Make Command Log entry of information a. Include Exposure Report number in Log entry. Notify designated Department surgeon of the facts involved. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-10 REVISION NUMBER: PAGE: 08/19/13 3 of 4 DEPARTMENT SURGEON 6. Contact member of the service involved and advise of necessary treatment. MEMBER OF THE SERVICE 7. Comply with directions of Department surgeon. NOTE By telephoning this Department’s designated officer at the Medical Division, Hazmat Unit, emergency response employees, such as a law enforcement officer or auxiliary police officer, may submit a request for a determination whether they were exposed to a specific infectious disease when a victim of an emergency who was aided by the emergency response employee was transported to a medical facility. If it is determined that the emergency response employee may have been exposed to an infectious disease, a signed written request, along with the facts collected, must be sent by the designated officer to the medical facility to which the victim (or patient), i.e., aided or prisoner, was transported. After receiving a notification from the medical facility, to the extent practicable, the designated officer must immediately notify the member or members concerned. Whenever the designated officer discloses information related to Human Immunodeficiency Virus (HIV) to an emergency response employee, redisclosure by the emergency response employee is prohibited when not in conformance with state law. 8. ADDITIONAL DATA Make ACTIVITY LOG (PD 112-145) entry of facts involved. a. Include Exposure Report number. EXPOSURE TO INFECTIOUS DISEASES GUIDELINES a. b. c. d. e. f. g. Confer with Emergency Medical Service personnel, the individual’s family, friends, neighbors, doctor, or appropriate agency as to the source individual’s medical conditions, when circumstances permit. Wear disposable gloves if contact with individual’s blood or body fluids is a possibility; and if a member who is routinely engaged in the capture or seizure of suspected rabid animals, wear heavy duty disposable rubber gloves if contact with animal’s saliva or central nervous system tissue is a possibility. Wash hands with soap and water (disinfectant soap, if possible), after removing disposable gloves. Glove kits containing antiseptic wipes, gloves, and disposable bag should be used when hand-washing facilities are not available. Immediately and thoroughly wash hands or other unprotected body parts if they come in contact with individual’s blood or body fluids, or if bitten, scratched, abraded, by an animal, or if there is contact between the member and the animal’s saliva or nervous system tissue. Use disinfectant soap, if possible. Remove and machine wash (hot cycle), or have dry cleaned, as soon as possible, any part of uniform/civilian clothes that come in contact with an individual’s blood or body fluids and promptly clean any equipment other than that made of fabric. Use extraordinary care to avoid accidental puncture wounds from needles which may be contaminated with potentially infectious material. Affix Biohazard Label to any property, evidence, or waste which may be contaminated. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-10 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 4 of 4 ACCIDENTAL SPILLS OF BLOOD OR BODY FLUIDS. ADDITIONAL DATA (continued) A supply of household bleach will be maintained at all precinct/psa/district commands, emergency service units, borough court section facilities, and other appropriate sites. Accidental spills of blood or body fluids on floors, cells, RMP’s or on other surfaces, other than clothing, or fabric may be cleaned by applying a FRESHLY MIXED solution of one part household bleach with ten parts water. It is imperative that the preceding mixture be carefully followed. Household bleach is not to be mixed with any solution other than water and it must be freshly mixed for each use. Members of the service (uniformed and civilian) are reminded that this mixture of bleach and water will cause damage if used to clean uniforms. Uniform items soiled with blood or body fluids can be effectively cleaned by routine laundering or dry cleaning procedures. Bleach should not be used to cleanse hands. In addition, bleach mixed with any substance other than water may cause a toxic gas. Therefore, disposal of bleach or bleach dilutions should be performed only in a sink (not a urinal or toilet since they sometimes contain chemical deodorizers). When preparing a bleach dilution, the container used for the diluted solution must be cleaned with water and free of any other solution. To prevent injury/infection when handling or forwarding hypodermic needles/syringes to the Property Clerk, members of the service will place such items in a hypodermic needle/syringe container by utilizing a one-handed “scoop” technique which uses the needle itself to pick up the hypodermic needle/syringe container. (By using one hand to hold the hypodermic syringe while moving the hypodermic needle toward the hypodermic needle/syringe container, the member of the service is moving the needle away from himself/herself. Members should not hold the container and move their hand toward the needle). The container will be capped, if possible. However, if the syringe extends beyond the container, it will be secured with tape. UNDER NO CIRCUMSTANCES SHOULD A MEMBER OF THE SERVICE ATTEMPT TO REMOVE, DISLODGE, OR BEND A NEEDLE FROM A HYPODERMIC SYRINGE. RELATED PROCEDURES Aided Cases - General (P.G. 216-01) Animal Bites (P.G. 216-09) Communicable Disease (P.G. 216-11) Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Care and Disposition of Animals (P.G. 214-33) Line of Duty Injury or Death Occurring Within City (P.G. 205-05) Use of Patrol Kits (P.G. 219-17) FORMS AND REPORTS ACTIVITY LOG (PD 112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-11 REQUEST FOR PRE-EXPOSURE VACCINATION AGAINST HEPATITIS B DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To provide members of the service (uniformed and civilian) who risk a potential significant exposure to Hepatitis B virus during the performance of duty with the opportunity to participate in this Department’s Hepatitis B Pre-Exposure Vaccination Safety Program. DEFINITION OCCUPATIONAL EXPOSURE is considered to be reasonably anticipated contact with a vulnerable point of entry of the member of the service, such as: a. Eyes b. Mouth c. Other mucous membranes d. Broken skin AND a potentially infectious substance, such as: (a) Blood (b) Body fluids/secretions (i.e., semen, vaginal secretions, amniotic fluid, human tissue or organs). PROCEDURE To obtain the series of three inoculations of the vaccine against Hepatitis B: COMMANDING 1. OFFICER, POLICE ACADEMY Provide training sergeants from patrol and non-patrol commands with appropriate instructions, instructor guides and materials, prior to the command level training cycle or its equivalent. COMMANDING 2. OFFICER CONCERNED Ensure that EVERY member receives blood borne disease “Right-toKnow” training and that members in the designated titles listed below be offered the opportunity to receive free of charge, a series of three inoculations of the vaccine against Hepatitis B. Have members of the service in designated titles, who have not already done so, prepare and return the HEPATITIS B VACCINATION ACCEPTANCE/ DECLINATION (PD429-147): a. Uniformed members of the service b. Assistant Stock Handlers and related titles or assignments within the Property Clerk Division who may handle vouchered items such as blood contaminated evidence c. Associate Traffic Enforcement Agent d. Auto Mechanic Diesel e. Auto Mechanics and related titles f. Auxiliary Police Officers g. Cadets and related titles h. Chemist and Criminalists i. City Research Scientists j. Custodians and related titles k. Electrician and related titles NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-11 REVISION NUMBER: PAGE: 08/01/13 l. m. n. o. p. q. r. s. t. u. v. w. x. COMMANDING OFFICER CONCERNED (continued) 2 of 3 Evidence and Property Control Specialists Fingerprint technicians and related titles Industrial Hygienists Maintenance Worker Motor Vehicle Operators Nurses Photographers and Senior Photographers Plumbers and related titles Police Attendants School Crossing Guards School Safety Agents Level 1-3 Surgeons and Dentists Traffic Enforcement Agents NOTE Other titles/assignments not listed will be considered on a case by case basis by the Occupational Safety and Health Unit. TRAINING SERGEANT 3. NOTE Commanding officers of units that do not receive command level training are responsible to ensure that an appropriate member of the command is designated training sergeant and attends pre-cycle instruction. Contact Police Academy In-Service Training Unit for additional information. Report, as directed, to the Police Academy for instruction and materials. 4. 5. Prepare and deliver mandated training to all members assigned to the command. Distribute HEPATITIS B VACCINATION ACCEPTANCE/ DECLINATION form to all members in designated titles, if not already distributed. MEMBER OF THE SERVICE 6. Prepare HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION form indicating intention to accept or decline vaccination by signing the appropriate section after receiving “Right-to-Know” training in blood borne diseases. NOTE If a member has received Hepatitis B inoculations within the past seven years, he or she must so indicate on the bottom of the form. TRAINING SERGEANT 7. 8. 9. Collect HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION forms from each member of the service in designated titles. Place a photocopy of each HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION form in the command’s Occupational Safety and Health Administration (OSHA) file. Forward summary, upon completion of training cycle, indicating number of members of the command, by title, who accept or decline vaccinations, to the borough safety officer or overhead command counterpart. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-11 REVISION NUMBER: PAGE: 08/01/13 3 of 3 10. Forward completed ORIGINAL HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION forms to the Commanding Officer, Medical Division, Attention: Hepatitis B Pre-Exposure Vaccination Safety Program, via Department mail. COMMANDING 11. OFFICER Prepare and forward a report to the Chief of Personnel (through channels), upon the completion of each relevant training cycle, verifying that every member of the command, in the designated titles, who have not already done so, has signed a HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION form. 12. Prepare a consolidated summary for the borough/bureau on the 10th of each month, until all training on Hepatitis B within the borough/bureau is completed, indicating the number of members who have been trained and have accepted or declined vaccinations. Forward report of consolidated summary to the Commanding Officer, Medical Division. TRAINING SERGEANT (continued) BOROUGH SAFETY OFFICER/ BUREAU EQUIVALENT SUPERVISING CHIEF SURGEON 13. 14. COMMANDING 15. OFFICER, MEDICAL DIVISION ADDITIONAL DATA Establish and maintain inoculation protocol. Administer inoculation program under the direction of the Supervising Chief Surgeon. Members of the service should note that participation in the inoculation program is entirely voluntary and will be free of charge to participants. It should also be noted that members must receive the entire three-inoculation series in order to ensure effective protection against Hepatitis B. Vaccination will be provided to members of the service at no charge, and during regularly scheduled tours of duty. Under no circumstances will overtime be granted to facilitate vaccination. RELATED PROCEDURE Exposure of Members of the Service to Infectious Diseases (P.G. 205-10) FORMS AND REPORTS HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION (PD429-147) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-12 DONATING OR REQUESTING BLOOD FROM THE DEPARTMENT'S BLOOD PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To donate blood to the Department’s blood program or to supply blood to members of the service (uniformed or civilian) active or retired and their families from the Department's blood program. PROCEDURE When a member of the service (uniformed or civilian) wishes to donate blood to the Department's blood program or when there is a need for blood: MEMBER OF THE SERVICE 1. 2. 3. Telephone donation center and identify self as an active or retired member of the service. a. Provide Department identification number - 5239. Make appointment to donate blood as follows: a. Uniformed members of the service - during off-duty time b. Civilian members - during scheduled working hours. Observe the following precaution prior to giving blood: a. Eating is encouraged, but avoid fatty foods such as butter, cream, oils, etc. COMMANDING 4. OFFICER Excuse civilian members for up to three hours of scheduled tour. (Compensatory time is NOT granted for donations made during nonworking hours). CIVILIAN MEMBER OF THE SERVICE 5. Deliver receipt from donation center to desk officer or counterpart on return to duty. NOTE A member of the service (uniformed or civilian) will not volunteer to donate blood when any of the following conditions exist: a. Prior donation within eight weeks b. Donated five pints within previous year c. Under seventeen or over seventy-five years of age d. Had malaria, jaundice or tuberculosis within the prior two years e. Had hepatitis f. Had tooth extraction within the prior three days g. Body weight is less than one hundred and ten pounds h. Other disqualifying medical condition. ADDITIONAL DATA When a member of the service is seriously injured and requires blood, the Operations Unit will be notified. RELATED PROCEDURES Requesting Blood When Outside Of New York State (P.G. 205-13) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-13 REQUESTING BLOOD WHEN OUTSIDE NEW YORK STATE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To assist members of the service (active or retired) and their families when there is a problem obtaining blood outside of New York State. PROCEDURE To request blood or assistance: MEMBER OF THE SERVICE 1. 2. Telephone the Medical Division during business hours and Sick Desk supervisor during non-business hours. Provide the following information: a. Patient’s name b. Identification number (social security, blue cross, etc.) c. Residence d. Name and address of hospital e. Date of admission f. Amount requested (pints) g. Patient’s relationship to member of the service h. If patient is Medicare eligible or not. MEMBER CONCERNED, MEDICAL DIVISION 3. Verify member’s eligibility and notify Greater New York Blood Center. RELATED PROCEDURE Donating Or Requesting Blood To/Requesting Blood From The Department’s Blood Program (P.G. 205-12) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-14 APPLICATION FOR TRANSFER DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To enable a member of the service (uniformed or civilian) to request a transfer. PROCEDURE When a member desires a transfer: MEMBER OF THE SERVICE 1. 2. 3. COMMANDING 4. OFFICER 5. Prepare APPLICATION FOR TRANSFER (PD406-041). a. Information on form MUST BE TYPED. Obtain supervisor/witness signature on form. Submit ALL copies of APPLICATION to commanding officer. Review and sign APPLICATION. a. Remove GREEN copy for filing in member’s Personal Folder. Return remaining copies to member concerned. NOTE Members of the service who are in a Level II or Level III Monitoring Program are not to be transferred without prior conferral with the Bureau/Borough Commander and the Commanding Officer, Performance Analysis Section. The Commanding Officer, Personnel Orders Section will not transfer any member in a Level II or Level III Monitoring Program without the express knowledge of the Bureau/Borough Commander and the Commanding Officer, Performance Analysis Section and with the concurrence of the Civilian Complaint Review Board Profile and Assessment Committee. MEMBER OF THE SERVICE 6. Forward copies of APPLICATION as follows: a. WHITE, YELLOW and BLUE - to Commanding Officer, Personnel Orders Section, in a sealed envelope. b. PINK - To Personnel Officer concerned. COMMANDING 7. OFFICER, 8. PERSONNEL ORDERS SECTION Retain WHITE copy of APPLICATION in ACTIVE STATUS for TWO YEARS, UNLESS withdrawn by member concerned. Forward YELLOW and BLUE copies of receipted APPLICATION to Personnel Officer concerned. PERSONNEL OFFICER CONCERNED 9. 10. DESK OFFICER 11. File receipted YELLOW copy with PINK copy forwarded by member. Forward receipted BLUE copy to requesting member’s command. Have BLUE copy of APPLICATION placed in member’s Personal Folder. TO WITHDRAW APPLICATION FOR TRANSFER: MEMBER OF THE SERVICE 12. Prepare and forward to Commanding Officer, Personnel Orders Section four copies of report, on Typed Letterhead, requesting that APPLICATION FOR TRANSFER be withdrawn. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-14 PAGE: 08/01/13 COMMANDING 13. OFFICER, 14. PERSONNEL ORDERS SECTION PERSONNEL OFFICER REVISION NUMBER: 15. 16. DESK OFFICER 17. 2 of 2 File one copy of report after removing APPLICATION from ACTIVE FILE. Forward remaining copies of receipted report to Personnel Officer concerned. Retain one copy of receipted report for file. Forward remaining copies to requesting member’s command. Have copy of receipted report filed in member’s Personal Folder and give remaining copy to member concerned. ADDITIONAL DATA Members of the service (uniformed and civilian) desiring a mutual transfer will submit a request for transfer, on Typed Letterhead, including all the information required on APPLICATION FOR TRANSFER, to their respective commanding officers for approval. The respective commanding officers will forward APPROVED requests, BY ENDORSEMENT, to the Commanding Officer, Personnel Orders Section. FORMS AND REPORTS APPLICATION FOR TRANSFER (PD406-041) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-15 POLICE OFFICER'S/DETECTIVE SPECIALIST'S CAREER PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To provide police officers/detective specialists with a Career Program that allows eligibility through earned points for an investigative assignment, non-precinct assignment (Special Operations Division Units, Highway Units, Technical Assistance and Response Unit (TARU), Administrative and Support Units, etc.) and patrol, transit and housing commands of choice. SCOPE The Career Program is a performance reporting system which measures a police officer’s/detective specialist’s drive and initiative through overall activity, community interaction, professional image, police ethics, integrity and respect for both the public and the Department. The Career Program rewards police officers/detective specialists by allowing those who consistently perform their assignments in an exceptional manner to earn accelerated Career Program points. PROCEDURE When a police officer/detective specialist with a minimum of three years of service and at least twelve Career Program points requests a Career Program transfer: UNIFORMED MEMBER OF THE SERVICE CONCERNED 1. NOTE Members of the service possessing special skills, beneficial to the needs of the Department, may be transferred with less than the required Career Program points after approval of the APPLICATION/RECOMMENDATION by the Police Commissioner. Prepare CAREER PROGRAM TRANSFER APPLICATION/ RECOMMENDATION POLICE OFFICER/DETECTIVE SPECIALIST (PD406-1414). a. A minimum of twelve Career Program points are required before consideration is given to an APPLICATION/ RECOMMENDATION b. A maximum of twelve career points may be earned from the last five annual Performance Evaluations c. In order to be considered for an investigative assignment a “Highly Recommend” endorsement MUST be received from the member’s commanding officer d. A maximum of nine career points can be earned for military service (three points may be earned for each deployment overseas during time of war or U.S. conflict, and Honorable Discharge) e. Three choices of assignment in priority order may be entered on the APPLICATION/RECOMMENDATION f. Career Program choices of assignment may be changed or withdrawn by submitting an additional APPLICATION/ RECOMMENDATION. An APPLICATION/RECOMMENDATION will be expunged after two years from the date of submission to the Career Program Unit. A police officer/detective specialist who still desires consideration after his/her APPLICATION/RECOMMENDATION has expired is responsible for submitting an additional APPLICATION/ NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-15 NOTE (continued) REVISION NUMBER: PAGE: 08/01/13 2 of 4 RECOMMENDATION. Police officers/detective specialists granted a transfer under the Career Program may not utilize this program for two years from the date of their last Career Program transfer. Police officers must have a minimum of four years of service in the rank of police officer prior to entering the detective investigative track. Exceptions may be made based on the needs of the Department after approval by the Police Commissioner. COMMANDING OFFICER 2. 3. Verify the information, eligibility and suitability for transfer of the uniformed member concerned. Complete “Commanding Officer’s Recommendation” section. a. If additional space is required use COMMANDING OFFICER’S RECOMMENDATION (PD406-180). UPON VERIFICATION OF APPLICATION/RECOMMENDATION: COMMANDING OFFICER 4. Forward APPLICATION/RECOMMENDATION as follows: a. Original - Direct to Personnel Orders Section, Attn: Career Program Unit, Room 1008 b. Copy - Personnel officer concerned c. Copy - Command file. NOTE In order to be considered for an investigative assignment, uniformed members must receive a “Highly Recommend” endorsement from their respective commanding officer. In addition, commanding officers must utilize the “Commanding Officer’s Recommendation” section on the APPLICATION/RECOMMENDATION form and comment on the applicant’s performance, attendance, sick and disciplinary records, and ability to work with and respect both their peers and the community they serve. Commanding officers will be held accountable for their recommendations. COMMANDING OFFICER, CAREER PROGRAM UNIT ADDITIONAL DATA 5. 6. Schedule and conduct required interview panels. Maintain a pool of available Career Program applicants. The following numerical criteria will be utilized to calculate Career Program points: 1. 2. Each Annual Performance Evaluation (Maximum of twelve career points may be earned from the last five Annual Performance Evaluations) Extremely Competent (5.0) Highly Competent (4.0 – 4.5) Competent (3.5) Low or Very Low (3.0 or below) Career Points Department Recognition (Per medal) Honorable Mention Exceptional Merit Commendation Meritorious Police Duty Excellent Police Duty NEW YORK CITY POLICE DEPARTMENT 3.0 2.0 1.0 0.0 2.0 1.0 0.6 0.4 0.2 PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-15 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 3 of 4 The Honor Committee reviews all Honorable Mention awards and may select uniformed members of the service as recipients of higher medals, as per P.G. 205-39, “Departmental Recognition.” The Honor Committee, based upon their review of the incident which results in the awarding of a higher medal, has the discretion to award Department Medal of Honor recipients five career points, Combat Cross recipients four points and Medal for Valor recipients three points. The points will be awarded upon notification by the Honor Committee to the Career Program Unit. Career Points 3. 4. 5. 6. 7. Education (Enter points for one degree, the highest obtained) J.D. or PhD Master Degree Bachelors Degree Associate’s Degree/64 credits 5.0 4.0 3.0 2.0 Military Service (Maximum of nine career points can be earned) Three points for each deployment overseas during time of war or U.S. conflict and Honorable Discharge Honorable Discharge from Military Active Reservist/National Guard (Minimum of two years) 3.0 2.0 1.0 One year perfect attendance (One point per calendar year maximum of three points may be earned) 1.0 Integrity Review Board (IRB) (Points determined by the IRB P.G. 205-16, “Integrity Review Board Recommendation Procedure”) 1.0 to 5.0 Former Auxiliary Police Officer (Resigned in good standing) 1.0 8. Completed Police Cadet Corps 1.0 9. Language Skills NYPD Qualified Interpreter (One point per language) 1.0 10. 11. Voluntary Participation in Community Programs (One point per year, as per A.G. 320-36, “Career Points for Voluntary Participation in Community Programs Within New York City”) 1.0 Charges and Specifications (Expires two years from day penalty/suspension -0.2 for each day penalty incurred) /suspension incurred maximum of -5.0 per case NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-15 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 All members should be aware that completing a CAREER PROGRAM TRANSFER APPLICATION/RECOMMENDATION POLICE OFFICER/DETECTIVE SPECIALIST does not guarantee transfer or assignment. Inherent in any realistic and workable Career Program is the need for flexibility to meet changing conditions and situations. The Career Program does not limit or change the Department’s right or managerial prerogative to assign personnel. RELATED PROCEDURES Integrity Review Board Recommendation Procedure (P.G. 205-16) Departmental Recognition (P.G. 205-39) Career Points for Voluntary Participation in Community Programs Within New York City (A.G. 320-36) FORMS AND REPORTS CAREER PROGRAM TRANSFER APPLICATION/RECOMMENDATION POLICE OFFICER/DETECTIVE SPECIALIST (PD406-1414) COMMANDING OFFICER’S RECOMMENDATION (PD406-180) NEW YORK CITY POLICE DEPARTMENT - PATROL GUIDE Section: Personnel Matters Procedure No: 205-16 INTEGRITY REVIEW BOARD RECOMMENDATION PROCEDURE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To set forth the guidelines to be followed when a uniformed member of the service is recommended for recognition, by the member’s commanding officer, for effecting an arrest for a bribery-related offense or an action which demonstrated the uniformed member’s commitment to the Department’s integrity policy. DEFINITION CONTROLLED PAD - For the purpose of this procedure is a purported payment to uniformed members of the service to protect existing or contemplated illegal activities which will constitute more than one time bribery payments. PROCEDURE Whenever a uniformed member of the service is recommended for recognition, by the member’s commanding officer, to the Integrity Review Board: COMMANDING 1. OFFICER, MEMBER 2. CONCERNED Ensure that copy of report in bribery arrests, as required by P.G 208-34, “Bribery Arrest by Uniformed Member of the Service” is forwarded to Commanding Officer, Employee Relations Section. Comply with “ADDITIONAL DATA” statement, page 3, regarding submission of report for an act reflecting high integrity. UPON NOTIFICATION FROM EMPLOYEE RELATIONS SECTION: UNIFORMED MEMBER OF THE SERVICE 3. Have uniformed member concerned notified to report to Employee Relations Section for a personal interview during the uniformed member’s normal tour of duty. 4. Report to Employee Relations Section, as follows: a. In uniform of the day, if assigned to patrol duties b. In proper business attire, if assigned to non-patrol duties. Bring copies of the following documents concerning the arrest and/or incident of high integrity, if prepared: a. ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) b. Last two PERFORMANCE EVALUATIONS (as appropriate to rank) c. ARREST INVESTIGATION REPORT (PD244-1511) d. Criminal Court Affidavit e. UNUSUAL OCCURRENCE REPORT (PD 370-152) f. PROPERTY CLERK INVOICE (PD 521-141) g. ARREST REPORT SUPPLEMENT (PD244-157), if applicable h. Newspaper articles concerning incident i. Any other Department forms/reports relating to the incident. 5. NOTE During this interview process, the aspirations of the uniformed member concerned will be discussed in detail and the uniformed member will be advised of the options available, depending upon the current needs of the Department and the uniformed member’s suitability/aptitude for such assignment. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-16 REVISION NUMBER: PAGE: 08/01/13 2 of 3 EMPLOYEE RELATIONS SECTION 6. Convene the Integrity Review Board, upon completion of administrative documentation for the presentation of a cadre of cases. NOTE The Integrity Review Board meets regularly, usually on a quarterly basis, to review and evaluate cases involving incidents of bribery arrests/acts of high integrity. INTEGRITY REVIEW BOARD 7. 8. Review cases submitted by Employee Relations Section. Forward recommendations to Police Commissioner for final determination. EMPLOYEE RELATIONS SECTION 9. Notify member concerned of the type of recognition received. ADDITIONAL DATA To receive recognition from the Integrity Review Board for involvement in bribery related offense, the uniformed member concerned must be the individual who was offered/accepted the bribe and either effected the arrest for the crime of bribery or charged the defendant with the additional crime of bribery. In situations when the arresting officer is not the uniformed member offered the bribe, an ARREST REPORT SUPPLEMENT must be prepared delineating the circumstances surrounding the additional charge of bribery. All uniformed members of the service directly involved in a “controlled pad” incident, i.e., receives payoffs, acts as an intermediary, etc., are eligible to receive recognition from the Integrity Review Board The types of recognition uniformed members of the service are eligible to receive are as follows: a. Police Commissioner’s letter of commendation b. Award of one to five Career Program points c. Waiver of all or part of the Career Path requirements for consideration for assignment to a specific command/bureau d. Patrol precinct to patrol precinct transfers e. Interviews for preferential assignments, i.e., Highway Districts, Emergency Service Unit, etc. f. Interviews for investigative assignments, i.e., Organized Crime Control Bureau, etc. NOTE The Integrity Review Board may recommend that uniformed members of the service be granted interviews for a potential assignment to one of the Department’s investigative track units for having effected arrests for bribery or other acts of high integrity. The actual impact or perceived impact of the “Eighteen Month Detective Designation Law” should NOT effect the decision to grant an interview to a well deserving uniformed member. The integrity of the Department is of the utmost concern and efforts to properly reward uniformed members for their exemplary conduct should NOT be diminished. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-16 PAGE: 08/01/13 g. ADDITIONAL DATA (continued) REVISION NUMBER: h. i. 3 of 3 Award of additional investigative time towards eligibility for promotion to detective designation. Preferential consideration for assignment to a unit within the uniformed member’s current bureau of assignment, i.e., Organized Crime Investigation Division, Major Case Squad, etc. Any other type of award deemed appropriate by the Integrity Review Board. The type of recognition granted by the Integrity Review Board varies depending upon the uniformed member’s career aspirations, qualifications, overall performance level, and character. Uniformed members will not usually be considered for: a. A patrol precinct to patrol precinct transfer with less than two years of service, or b. An interview for an investigative assignment with less than three years of service. When a uniformed member is awarded Career Program points only, the number of points awarded will be published in a Personnel Order. Scheduling of preferential interviews for possible assignments to specific commands/bureaus will be the responsibility of the Personnel Officers concerned. Arresting/assisting officers in arrests for bribery related offenses, or for other acts of high integrity, may apply for Department recognition, in the grade of Meritorious Police Duty, as outlined in P.G. 205-39, “Request for Departmental Recognition.” A supervisor performing normal supervisory duties regarding bribery/attempted bribery incidents is not eligible for recognition by the Integrity Review Board. RELATED PROCEDURES On-Line Booking System Computerized Arrest Notification Printout (P.G. 208-68) Bribery Arrest By Uniformed Member Of The Service (P.G. 208-34) Boards And Committees (O.G. 101-19) Request For Departmental Recognition (P.G. 205-39) FORMS AND REPORTS ARREST INVESTIGATION REPORT (PD244-1511) ARREST REPORT SUPPLEMENT (PD244-157) CRIMINAL COURT AFFIDAVIT ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PERFORMANCE EVALUATION (as appropriate to rank) PROPERTY CLERK INVOICE (PD521-141) UNUSUAL OCCURRENCE REPORT (PD370-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-17 OVERTIME DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To compensate uniformed members of the service for work performed in excess of hours stipulated in the member’s regular work schedule. DEFINITION OVERTIME: a. NON-ORDERED - Extension of scheduled tour of duty by 15 minutes or more to prevent interruption of services being performed, e.g., processing an arrest, aided case, court appearance, etc. Non-ordered overtime is not authorized for administrative duties at any level. b. ORDERED - Extra duty required for on-going or future operational situations, demonstrations, parades, etc., or overtime of an administrative nature for extra duty required of an on-going or future operational situation. (May only be authorized by Police Commissioner, First Deputy Commissioner or Chief of Department). c. EMERGENCY ORDERED - Extra duty performed in an emergency when work schedules are suspended by Department order, due to largescale disorders or disasters. (May only be authorized by Police Commissioner, First Deputy Commissioner or Chief of Department). PROCEDURE When a uniformed member of the service below the rank of captain performs overtime duty: UNIFORMED MEMBER OF THE SERVICE 1. NOTE The Fair Labor Standards Act (F.L.S.A.) requires that overtime earned by members of the New York City Police Department be paid within a reasonable time after it is performed. Accordingly, completed OVERTIME REPORTS will normally be submitted to the permanent command of the member concerned at the end of their tour of duty. In those circumstances when the permanent command is closed, the requesting member will submit the OVERTIME REPORT on their next scheduled tour of duty. Members scheduled for authorized leave following a tour when overtime has been performed will submit their OVERTIME REPORTS on their next scheduled tour of duty. DESK OFFICER/ SUPERVISOR CONCERNED 2. 3. 4. Submit OVERTIME REPORT (PD138-064) to desk officer when dismissed. a. If performing duty at other than regularly assigned command, submit to desk officer of that command. b. If performing duty at scene of parade, demonstration, etc., submit to immediate supervisor. Make Command Log or ACTIVITY LOG (PD112-145) entry at time of dismissal. Certify time of dismissal on OVERTIME REPORT. a. Commanders of large details, e.g., parades, demonstrations, etc., will collect certified OVERTIME REPORT forms from subordinate supervisors and have reports forwarded to permanent commands of member concerned. OVERTIME REPORTS will not be returned to requesting member at scene. Forward OVERTIME REPORT to commanding officer, member’s permanent command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-17 ADDITIONAL DATA REVISION NUMBER: PAGE: 08/01/13 2 of 2 The maximum amount of compensatory time a uniformed member of the service may accumulate is five days. When the member concerned accrues compensatory time in excess of five days, the excess MUST be taken within thirty days, needs of the service permitting. In any event, compensatory time MUST be taken within one year of the date earned. To enhance auditing procedures regarding court appearances with related overtime, uniformed members of the service will comply with the following when court attendance results in overtime: a. b. c. d. Attach OVERTIME REPORT (PD138-064) to related COURT ATTENDANCE RECORD (PD468-141) and submit to desk officer/supervisor for approval. Desk officer/supervisor will ensure that OVERTIME REPORTS and COURT ATTENDANCE RECORDS are properly prepared and attached as required. OVERTIME REPORTS submitted for attendance at court without the required COURT ATTENDANCE RECORD attached, shall NOT be approved by desk officer/supervisor without an investigation being conducted. After the desk officer/supervisor concludes the investigation, the overtime may be approved if appropriate. However, a copy of the report detailing the facts of the investigation will be attached to the OVERTIME REPORT in lieu of the missing COURT ATTENDANCE RECORD. Payroll clerks shall process OVERTIME REPORTS with COURT ATTENDANCE RECORDS/Investigative Reports attached and file as directed by A.G. 320-12., “Overtime Report”, COURT ATTENDANCE RECORDS not involving overtime will continue to be filed as directed in P.G. 211-01, “Duties And Conduct In Court.” The procedure outlined above will apply whether cash or time compensation is selected for the overtime and regardless of the reason for the court appearance. Any disciplinary action taken for failure to submit OVERTIME REPORTS (PD 138-064) in a timely manner should not impact upon the payment of the overtime to the member of the service who failed to submit the request promptly. Pursuant to the Fair Labor Standards Act, the member must be compensated for the time worked. The penalty for not complying with Department regulations must be a separate disciplinary matter. RELATED PROCEDURES Violations Subject to Command Discipline (P.G. 206-03) First and Third Platoon Arrests (P.G. 208-25) Overtime (A.G. 320-11) Overtime Reports (A.G. 320-12) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COURT ATTENDANCE RECORD (PD468-141) OVERTIME REPORT (PD138-064) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-18 ABSENT WITHOUT LEAVE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To investigate unauthorized absences of uniformed members of the service. PROCEDURE When a uniformed member of the service is absent without leave for two hours at the beginning of a scheduled tour of duty: DESK OFFICER 1. 2. 3. 4. NOTE Make telephone inquiries, including but not limited to: a. Command roll call b. Sick Desk supervisor c. Court sign-in rooms d. Member’s residence. Check Department records maintained in the command, including but not limited to: a. Telephone Record b. ROLL CALL (PD406-144) change sheets. Make inquiries of command personnel as deemed necessary. Request that the desk officer in member’s resident precinct have a supervisor respond to the member’s residence. If member resides outside of New York City, request the Inter-City Correspondence Unit, to make a notification to the local law enforcement authority concerned and request they respond to the member’s residence. IF MEMBER NOT CONTACTED FOUR HOURS AFTER COMMENCEMENT OF TOUR: DESK OFFICER 5. 6. COMMANDING OFFICER/ DUTY CAPTAIN 7. 8. 9. 10. Notify: a. Commanding officer/duty captain b. Borough command/counterpart c. Operations Unit (1) Include actions taken to locate member d. Internal Affairs Bureau Command Center. Make a Command Log entry including facts (inquiries, etc.) and notifications made. Conduct an immediate investigation. Telephone results of investigation to the Operations Unit. Enter results of investigation in Command Log. Prepare two copies of a report on Typed Letterhead including: a. Full particulars of the investigation b. Results obtained c. Actions taken or contemplated. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-18 NOTE PAGE: 08/01/13 2 of 2 If the member’s commanding officer is NOT performing duty, the duty captain will prepare three copies of the report. COMMANDING 11. OFFICER/ DUTY CAPTAIN (continued) NOTE REVISION NUMBER: Forward ORIGINAL copy of report, without delay, to the Chief of Department, DIRECT, and DUPLICATE copy to the Chief of Department, through channels. Duty captains will have the ORIGINAL copy of the report forwarded as indicated above and the two DUPLICATES forwarded to the commanding officer of the member concerned. The member’s commanding officer will endorse and forward one copy of the report to the Chief of Department, through channels, and file the remaining copy. WHEN MEMBER IS LOCATED: COMMANDING 12. OFFICER/ DUTY CAPTAIN NOTE Members absent without leave for an entire tour will NOT be assigned to duty without the prior permission of the Chief of Department. 13. 14. 15. 16. FORMS AND REPORTS Interview member concerned. a. Ascertain reason for, and location during, absence. Notify: a. Operations Unit b. Borough command/counterpart c. Sick Desk supervisor d. Internal Affairs Bureau Command Center. Make a Command Log entry. Prepare a supplementary report, on Typed Letterhead, to the Chief of Department including facts and any disciplinary action taken not previously reported. Forward reports as indicated in step 11 or NOTE following step 11. ROLL CALL (PD406-144) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-19 VACATION LOST DUE TO SICK LEAVE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To grant uniformed members of the service vacation days lost during the previous year due to illness or injury. PROCEDURE When a uniformed member of the service loses vacation earned during the previous calendar year due to illness or injury: NOTE This procedure is applicable for vacation earned during the previous calendar year ONLY. Any additional carry over from prior year is not authorized, except for that earned by uniformed managers (assistant chiefs and above). UNIFORMED MEMBER OF THE SERVICE 1. 2. COMMANDING 3. 4. OFFICER NOTE Prepare two copies of request for vacation days lost, on Typed Letterhead, without delay, addressed to commanding officer, including: a. Number of vacation days lost b. Number of vacation days taken (indicate dates taken) c. Dates of scheduled vacation. If no vacation selection was made, so state and give reasons d. Period of sick report. (Include current year if sick report extended therein.) Indicate total number of calendar days in period. e. Number of calendar days NOT on sick report f. If non-line of duty sick report, indicate the name and location of the hospital, the dates hospitalized and the reason for confinement, if appropriate g. If sick report was due to a line of duty injury, include Medical Division control number and whether due to an old injury. Submit request to commanding officer. Inspect records to verify request. Grant vacation days lost as follows: a. Non line-of-duty sick report - hospitalization not required - lost vacation days may not be taken after March 31st of succeeding year. b. Non line-of-duty sick report and member concerned was hospitalized - lost vacation days may not be taken after June 30th of succeeding year. c. Sick report due to line-of-duty injury - lost vacation days may not be taken after December 31st of succeeding year. All vacation days lost due to illness or injury MUST be taken prior to the expiration date as indicated in step 4, subdivisions a, b and c, above. Lost vacation days shall not be granted beyond the dates indicated. This does not apply to uniformed managers (assistant chiefs and above). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-19 REVISION NUMBER: PAGE: 08/01/13 COMMANDING 5. 6. OFFICER 7. (continued) 2 of 2 Notify member and have entry/entries made in pertinent record(s). File copy of request in member's personal folder. Instruct member to take leave without delay. ADDITIONAL DATA Authorized vacation quota may be exceeded. RELATED PROCEDURES Vacation Policy (P.G. 203-19) Reporting Sick (P.G. 205-01) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-20 LEAVE OF ABSENCE WITHOUT PAY TWENTY-NINE (29) CALENDAR DAYS OR LESS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To process requests for leaves of absence without pay for twenty nine consecutive days or less for all members of the service (uniformed and civilian). SCOPE As used in this procedure, the approving officer will be determined by the number of days requested and the status of the member requesting leave as follows: a. One through twenty-nine calendar days and the member is an entry-level probationary uniformed member of the service - Police Commissioner. b. One through twenty-nine calendar days and the member is an entry level probationary civilian member or a non-permanent civilian member, i.e., provisional, temporary, etc., (except sick leaves without pay) - Chief of Personnel. c. One day leave - commanding officer of member concerned. d. Two through twenty-nine calendar days for all other members of the service not listed above - deputy commissioners, bureau chiefs, borough commanders. PROCEDURE When a uniformed or civilian member of the service requires leave without pay for twenty-nine consecutive calendar days or less: MEMBER OF THE SERVICE 1. COMMANDING 2. OFFICER Notify commanding officer/supervisory head of intent to request leave of absence without pay for twenty-nine consecutive calendar days or less. Interview member concerned to determine necessity for leave. 3. Submit three copies of LEAVE OF ABSENCE REPORT (PD433-041) to commanding officer/supervisory head. a. Uniformed and civilian members must complete the “Location During Absence” section on the LEAVE OF ABSENCE REPORT including each country, with the city/town or province where the member will be staying, date(s) of departure and date of return b. If member will remain at their residence, member will enter “residence” and include location and dates.” COMMANDING 4. OFFICER 5. Make entry on reverse side of LEAVE OF ABSENCE REPORT under caption space “Reasons for any recommendations made.” Sign all copies of LEAVE OF ABSENCE REPORT. MEMBER OF THE SERVICE NOTE A leave of absence without pay will be granted ONLY after all other ACCRUED leave has been exhausted (except as indicated in A.G. 319-14, Civilian Member Reporting Sick”, step 5, as relates to sick leave without pay for civilian members only). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-20 REVISION NUMBER: PAGE: 08/01/13 2 of 3 COMMANDING 6. OFFICER (continued) 7. Forward two copies of approved LEAVE OF ABSENCE REPORT for all leaves in which the commanding officer is the approving officer direct to the Personnel Orders Section and file the third copy. Forward all copies of LEAVE OF ABSENCE REPORT for all other requests to approving officer direct after endorsing and making recommendations. 8. 9. Examine request and recommendations of applicant’s commanding officer. Endorse and forward two copies of approved leave request direct to Personnel Orders Section. Return third copy of approved leave request to applicant’s command for notification to applicant and file. Return all copies of LEAVE OF ABSENCE REPORT if request is disapproved. APPROVING MEMBER 10. 11. COMMANDING 12. OFFICER Notify member of approved/disapproved leave. C.O., PERSONNEL ORDERS SECTION 13. Forward one copy of approved LEAVE OF ABSENCE REPORT to Payroll Section. TIMEKEEPER 14. Enter each country, with the city/town or province, date(s) of departure and date of return into Leave of Absence Report – Location During Absence database, if member is traveling to a foreign country. Notify operations coordinator, if member is traveling to a foreign country. 15. NOTE An online user guide is available after logging onto the Leave of Absence management system. Operations coordinators must ensure that all command timekeepers follow the instructions as directed in the guide to make entries in the Leave of Absence – Location During Absence database. ADDITIONAL DATA Whenever a civilian member is in a no pay status for a maximum of eight hours, ensure that the timekeeper enters the appropriate LWOP code on the Employee Time Report (ETR). If the member is in an LWOP status for a period greater than one day, timekeepers will: a. Immediately notify Payroll Section - Timekeeping Unit b. Enter letters L-W-O-P for each day on the ETR c. Have entry made in the command’s Telephone Record concerning the notification. Whenever a uniformed member is in an LWOP status for any length of time, ensure that the timekeeper performs steps a, b, c above. DO NOT enter any time on the ETR. RELATED PROCEDURES Child Care Leave of Absence (P.G. 205-28) Combined Confinement and Child Care Leave (A.G. 319-24) Leave of Absence Without Pay - Thirty (30) Calendar Days or More (P.G. 205-21) Definite Military Leave (P.G. 205-22) Indefinite Military Leave (P.G. 205-23) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-20 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 RELATED PROCEDURES (continued) Civilian Member - Miscellaneous Leave without Pay (A.G. 319-12) Civilian Member - Reporting Sick (A.G. 319-14) Civilian Member - Extended Sick Leave for Line of Duty Injury (A.G. 319-16) FORMS AND REPORTS LEAVE OF ABSENCE REPORT (PD433-041) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-21 LEAVE OF ABSENCE WITHOUT PAY THIRTY (30) CALENDAR DAYS OR MORE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To process requests for leaves of absence without pay for thirty consecutive days or more (except child care, military and civilian sick leaves) for all members of the service (uniformed and civilian). SCOPE As used in this procedure, the approving officer will be determined as follows: a. Uniformed members - Police Commissioner (except as indicated in P.G. 205-28, “Child Care Leave of Absence”) b. Civilian members - Chief of Personnel. PROCEDURE When a uniformed or civilian member of the service requires leave without pay for thirty consecutive calendar days or more: MEMBER OF THE SERVICE 1. Notify commanding officer/supervisory head of intent to request leave of absence without pay for thirty consecutive calendar days or more at least six weeks before anticipated date leave will commence. COMMANDING 2. 3. OFFICER Interview member concerned to determine necessity for leave. Direct member concerned to contact the Military and Extended Leave Desk immediately for instructions. 4. Submit all forms to commanding officer/supervisory head as directed by the Military and Extended Leave Desk. COMMANDING 5. 6. OFFICER Confer with borough commander, by telephone, outlining details of leave request. Endorse member’s leave request recommending approval/disapproval, as appropriate, to the Commanding Officer, Military and Extended Leave Desk based on conferral with the borough commander. Forward informational copy of leave request to borough commander. MEMBER OF THE SERVICE 7. C.O., MILITARY AND EXTENDED LEAVE DESK 8. COMMANDING 9. OFFICER 10. 11. Endorse request through channels to approving officer making recommendation based on individual circumstances, Department policy, and any other factors considered for such recommendation. Notify member concerned when approval/disapproval of leave has been received. Ensure that member’s firearms and all Department property (except Department Manual) are surrendered and indicate such on PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013) when a leave of absence of thirty days or more has been approved. Distribute PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE, as follows: a. Original - to Military and Extended Leave Desk b. First copy - to member requesting leave of absence NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-21 REVISION NUMBER: PAGE: 08/01/13 c. d. COMMANDING OFFICER (continued) 2 of 2 Second copy - command file Remaining copies - filed in member’s Personal Folder. NOTE For civilian members, forward IDENTIFICATION CARD (PD416-091) to the Employee Management Division, by messenger, with a report on Typed Letterhead, indicating the reason for surrender. INTEGRITY CONTROL OFFICER 12. 13. Forward NYPD Restricted Parking Permits (Misc. 23-N) and Headquarters Annex Parking Permits (Misc. 814HQ-Annex), by messenger, to Internal Affairs Bureau, Vehicle Identification Unit. Forward shield, if applicable, and/or IDENTIFICATION CARD (PD416-091), by messenger, to Employee Management Division, Shield /Identification Card Unit, and obtain receipt. C.O., PERSONNEL ORDERS SECTION 14. Direct transfer of member to the Military and Extended Leave Desk after member’s leave request has been approved. ADDITIONAL DATA A leave of absence without pay will be granted ONLY after the member concerned has exhausted all ACCRUED leave (except for military leave and sick leave without pay for civilians as indicated in A.G. 319-14, “Civilian Member-Reporting Sick”). A uniformed member’s vacation is granted January 1st for that year but is not to be considered accrued until the member is in a full pay status for the required number of days in a particular month. Member’s firearms and all Department property (except Department Manual) will be surrendered on member’s last tour of duty prior to commencement of a leave of absence. While on leave of absence, a member will be required to appear for any hearings or trials in which the member is the arresting officer, witness, or respondent and the Commanding Officer, Military and Extended Leave Desk will be so notified of such appearance. A leave of absence without pay may be terminated prior to its scheduled expiration date upon advance notification to the Military and Extended Leave Desk. RELATED PROCEDURES Leave of Absence Without Pay - Twenty-Nine (29) Calendar Days or Less (P.G. 205-20) Definite Military Leave (P.G. 205-22) Indefinite Military Leave (P.G. 205-23) Child Care Leave of Absence (P.G. 205-28) Civilian Member - Miscellaneous Leave with Pay (A.G. 319-12) Civilian Member - Reporting Sick (A.G. 319-14) Civilian Member - Extended Sick Leave for Line of Duty Injury (A.G. 319-16) Combined Confinement and Child Care Leave (A.G. 319-24) FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-22 DEFINITE MILITARY LEAVE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To grant members of the service (uniformed and civilian) leaves of absence to perform military duty for a period or periods not exceeding a total of thirty working days (or its equivalent in hours for civilian members of the service), in any one calendar year or in any continuous period of absence. DEFINITIONS WORK DAY - Any day where the member is excused from performing duty with this Department to attend a military drill. Excusals from work to attend military drill require documentation that the member is being ordered to attend and documentation that they attended drill. DRILL SCHEDULE - An advance schedule (i.e., quarterly, semi-annual or annual) from a member’s Reserve or National Guard Unit which indicates the dates the member will be performing military duty for the Federal fiscal year, which runs from October to September. UNSCHEDULED DRILL - A drill date not in conformance with the drill schedule. PROCEDURE When ordered to report for military duty for thirty days or less: MEMBER OF THE SERVICE 1. 2. NOTE Provide respective timekeeper with copy of current drill schedule and military unit telephone number. Submit LEAVE OF ABSENCE REPORT (PD 433-041) and Standard Military Order to timekeeper at least two weeks prior to commencement of leave. a. Ensure military leave captions on LEAVE OF ABSENCE REPORT are completed listing actual hours of drill (broad time frames such as 0001 to 2400 hours are not acceptable). A request for military leave to attend an unscheduled drill must be accompanied by a Standard Military Order indicating the reason. The Standard Military Order must be signed by the member’s military unit Commander or other supervisor with Commander’s signature authority. TIMEKEEPER 3. Notify roll call personnel and timekeeper immediately if drill is cancelled after LEAVE OF ABSENCE REPORT was submitted and perform scheduled tour of duty. 4. Maintain a MILITARY ABSENCE RECORD (PD433-147) for each member of the command who is a drilling reservist. Ensure that a copy of member’s current military contract or Oath of Office (commission papers) and current drill schedule, Standard Military Orders and Military Statutory Entitlement(s) are attached to the inside cover of MILITARY ABSENCE RECORD. 5. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-22 REVISION NUMBER: PAGE: 08/01/13 2 of 5 NOTE Timekeeper will ensure that an additional copy of member’s current military contract is on file at the Military and Extended Leave Desk. Failure to have a current contract on file will result in the respective member not accruing any military work days for the calendar year. Timekeeper must also indicate all work day usage on ABSENCE AND TARDINESS RECORD (PD433-145). TIMEKEEPER (continued) 6. 7. Using the most recent Payroll Management System Leave Balances Report (711), determine the number of military work days the member has available. Make entry on member’s Employee Time Record (ETR) as follows: IF MEMBER IS SCHEDULED TO WORK AND: a. b. NOTE WORK DAY BALANCE IS POSITIVE: Record event code 4652 for uniformed members of the service and 00:01 under each day member is on military duty, on scheduled work days only. For civilian members of the service, record event code 4651 and enter 0700/0800 hours depending on length of tour. WORK DAY BALANCE IS ZERO: Record event code to charge another leave balance at member’s discretion for days where the member was scheduled to perform police duty or charge military leave without pay (code 3270). Contact the Military and Extended Leave Desk for instructions if leave commences in the current calendar year and continues into the following year(s) (e.g., leave begins on December 20th and ends the following January 5th) or if the leave exceeds thirty days. A member must have exhausted all thirty work days before leave without pay is granted. No documentation is required if a member’s military drill falls solely on their regular days off (RDOs). However, timekeepers must be aware of the scheduled drill dates. COMMANDING 8. OFFICER OR DESIGNEE Approve LEAVE OF ABSENCE REPORT if military leave papers are in order. NOTE Ensure that if leave commences in the current calendar year and continues into the following calendar year(s) or if leave exceeds thirty days that the Military and Extended Leave Desk is contacted. Excusals for authorized military leave, where member has submitted required documentation (i.e., current contract, drill schedule and Standard Military Orders), cannot be denied. MEMBER OF THE SERVICE 9. NOTE The Certificate of Attendance must be signed by the member’s military Commander or other supervisor with Commander’s signature authority. Submit a Certificate of Attendance to timekeeper within ten days after return from military duty. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-22 REVISION NUMBER: PAGE: 08/01/13 3 of 5 MEMBER OF THE SERVICE (continued) 10. Notify integrity control officer and timekeeper upon return to duty of failure to attend drill for which leave was requested/granted. TIMEKEEPER 11. File Standard Military Order together with Certificate of Attendance in MILITARY ABSENCE RECORD. Make appropriate entries on MILITARY ABSENCE RECORD as per instructions on form. File completed MILITARY ABSENCE RECORD in member’s personnel folder at the end of the calendar year. Notify integrity control officer when member: a. Submits request for military leave without Standard Military Orders b. Fails to provide Certificate of Attendance for drill where member was excused from police duty. 12. 13. 14. DESIGNATED SUPERVISOR 15. 16. Conduct quarterly self-inspection using the Payroll Management System MO49 Report on military records of command to ensure compliance with procedure. Notify the operations coordinator and integrity control officer when member fails to provide: a. Current military contract/commission orders b. Current drill schedule. NOTE The commanding officer concerned will designate a supervisor to perform the above functions. INTEGRITY CONTROL OFFICER 17. Conduct investigation if member fails to furnish any of the documents mentioned in steps “14” and “16.” a. If member attended drill, but neglected to submit the required Certificate of Attendance within ten day period, appropriate disciplinary action will be taken b. If it is determined that the member failed to attend the Reserve/National Guard Drill after time off was granted, charges and specifications will be initiated. DESIGNATED MEMBER AT MILITARY AND EXTENDED LEAVE DESK 18. Monitor Payroll Management System M049 Report for every command on monthly basis to ensure that there are no negative balances. Forward a request to conduct an investigation to the integrity control officer of the command concerned, where negative balance exists. NOTE In addition to contacting the military unit when verifying attendance, integrity control officers may request that the member produce their military Leave Earning Statement (LES) for the drill which the member failed to provide a Certificate of Attendance. 19. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-22 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 5 Members of the Reserves or National Guard are required to furnish to their timekeeper two copies of any separation certificate, discharge, or transfer orders within thirty days of such change. One copy will be sent to the Military and Extended Leave Desk and the other will be filed in the member’s personnel folder. If a member fails to submit a current drill schedule, the integrity control officer will ascertain if such failure was due to their transfer to inactive reserve or discharge. The integrity control officer will notify the Commanding Officer, Military and Extended Leave Desk, in writing, and the member will be removed from the active reserve roster. All Standard Military Orders and Certificates of Attendance must be in the format illustrated in Appendix “A.” RELATED PROCEDURES Indefinite Military Leave (P.G. 205-23) FORMS AND REPORTS LEAVE OF ABSENCE REPORT (PD433-041) MILITARY ABSENCE RECORD (PD433-147) ABSENCE AND TARDINESS RECORD (PD433-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-22 REVISION NUMBER: PAGE: 08/01/13 5 of 5 APPENDIX “A” SAMPLE OF STANDARD MILITARY ORDER AND CERTIFICATE OF ATTENDANCE DEPARTMENT OF THE ARMY ALPHA COMPANY 104TH INFANTRY BATTALION New York Army National Guard 123 New York Avenue New York, NY. 10018 Date _____________________ REPLY TO: ATTN OF: SUBJECT: ORDERED MILITARY DUTY TO: WHOM IT MAY CONCERN THIS IS TO CERTIFY THAT ______________________________________________________________________ NAME RANK SSAN IS ORDERED TO ATTEND REQUIRED MILITARY DRILL WITH THIS UNIT. FROM: DATE ________________ HOURS _________________ TO: DATE ________________ HOURS _________________ PLACE OF DUTY: _______________________________________________________________________________ THIS DUTY IS IN ACCORDANCE WITH THE ESTABLISHED DRILL SCHEDULE (Circle) YES NO IF NO IS INDICATED, PLEASE EXPLAIN REASON (S) FOR THE UNSCHEDULED DUTY: ______________________________________________________________________________________________ Carlos R. Bermudez Captain, IN, NYARNG Commanding ------------------------------------------------------------------------------------------------------------------------------------------------DEPARTMENT OF THE ARMY ALPHA COMPANY 104TH INFANTRY BATTALION New York Army National Guard 123 New York Avenue New York, NY. 10018 Date _____________________ REPLY TO: ATTN OF: SUBJECT: CERTIFICATE OF ATTENDANCE TO: WHOM IT MAY CONCERN THIS IS TO CERTIFY THAT ______________________________________________________________________ NAME RANK SSAN DID ATTEND MILITARY DRILL FROM: DATE ________________ HOURS _________________ TO: DATE ________________ HOURS _________________ Carlos R. Bermudez Captain, IN, NYARNG Commanding NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-23 INDEFINITE MILITARY LEAVE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To process absence for military leave, exceeding thirty days or when the period of continuous active military duty commences in the current calendar year and continues into the following year(s). PROCEDURE When a member of the service (uniformed or civilian) receives orders to report for military duty either for a period that will exceed thirty days, OR for any period, even if less than thirty days, in which continuous active duty will commence in one calendar year and continue into the following calendar year (e.g., leave begins on December 20th and ends the following January 5th), the Military and Extended Leave Desk must be contacted. MEMBER OF THE SERVICE 1. Notify commanding officer/supervisory head immediately upon receiving orders to report for military duty for a period exceeding thirty days or when the period of continuous active military duty commences in the current calendar year and continues into the following year(s). COMMANDING 2. OFFICER Direct member concerned to contact the Military and Extended Leave Desk immediately for instructions. 3. Access the Military and Extended Leave Desk website through the Department’s Intranet in order to obtain military leave request forms. Prepare and submit all forms for military leave notification to commanding officer/supervisory head as directed by the Military and Extended Leave Desk. MEMBER OF THE SERVICE 4. COMMANDING 5. OFFICER 6. Ensure that member’s firearms and all Department property (except Department Manual) are surrendered and indicate such on PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013), for a military leave of absence of thirty days or more. a. Under caption “Member is Applying For:” indicate “Extended Leave Of Absence” b. Have PROPERTY CLERK INVOICE (PD521-141) prepared for firearms obtained and include in remarks section “PROPERTY OF MEMBER ON EXTENDED MILITARY LEAVE. NOT TO BE RETURNED WITHOUT APPROVAL OF THE COMMANDING OFFICER, MILITARY AND EXTENDED LEAVE DESK.” Ensure member’s firearms are delivered to the Property Clerk Division, Manhattan Office, located at One Police Plaza, S level, NY, NY 10038 within thirty days. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-23 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 3 When a uniformed or civilian member of the service receives orders to report for military duty in which continuous active duty will commence in one calendar year and end in the following year for a period of less than thirty days, (e.g., December 26, 2009 to January 11, 2010), the member is not required to surrender firearms and Department property. Members on military leaves of absence of thirty days or more may retain their IDENTIFICATION CARD (PD416-091). COMMANDING 7. OFFICER (continued) 8. NOTE Distribute form PROPERTY RECEIPT - DISCONTINUANCE OF POLICE SERVICE as follows: a. Original - attach to member’s notification for indefinite military leave and forward direct to Commanding Officer, Military and Extended Leave Desk, if notification has already been forwarded when member surrenders property b. First Copy - to member going on leave c. Second Copy - command file d. Remaining Copies - filed in member’s Personal Folder. Ensure that member, if authorized, has utilized all thirty work days, as outlined in P.G. 205-22, “Definite Military Leave.” All military work days must be exhausted prior to utilizing other accrued leave or leave without pay. 9. 10. 11. INTEGRITY CONTROL OFFICER 12. MEMBER OF THE SERVICE 13. 14. COMMANDING 15. 16. OFFICER, MILITARY AND EXTENDED LEAVE DESK Endorse member’s leave notification and have original hand delivered direct to Commanding Officer, Military and Extended Leave Desk, One Police Plaza, Room 1008. Retain copy of member’s leave notification at command. Forward NYPD Restricted Parking Permit (Misc. 23-N) and Headquarters Annex Parking Permit (Misc. 814HQ-Annex), by messenger, to Internal Affairs Bureau, Vehicle Identification Unit. Forward shield, if applicable, and/or IDENTIFICATION CARD, by messenger, to Employee Management Division, Shield/Identification Card Unit, and obtain receipt. Report any change in Standard Military Orders, address or duty assignment immediately after change occurs. Contact the Military and Extended Leave Desk for a return to duty appointment upon military discharge. Transfer member to the Military and Extended Leave Desk. Publish transfer to the Military and Extended Leave Desk and leave of absence in Department’s Personnel Orders. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-23 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 All Department property and firearms (except Department Manual and IDENTIFICATION CARD) must be surrendered on the member’s last tour of duty prior to commencement of indefinite military leave of absence. Timekeepers must ensure that all Indefinite Military Leaves (thirty days or more) are recorded on MILITARY ABSENCE RECORD (PD433147) and on ABSENCE AND TARDINESS RECORD (PD433-145). Members of the service enlisting or accepting a commission in any federal military reserve or state militia organization must provide notice to the Department prior to enlistment. Members of the service must submit a report on Typed Letterhead regarding “Notification to Enlist in the Military Reserves/National Guard” to their commanding officer who will endorse the notification and forward to the Commanding Officer, Military and Extended Leave Desk. The report on Typed Letterhead may be obtained by accessing the Military and Extended Leave Desk website, under Military Information and Forms. RELATED PROCEDURES Definite Military Leave (P.G. 205-22) FORMS AND REPORTS PROPERTY RECEIPT - DISCONTINUANCE OF POLICE SERVICE (PD520-013) PROPERTY CLERK INVOICE (PD521-141) IDENTIFICATION CARD (PD416-091) MILITARY ABSENCE RECORD (PD433-147) ABSENCE AND TARDINESS RECORD (PD433-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-24 SPECIAL LEAVE FOR FORMER MEMBERS OF THE ARMED FORCES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To establish eligibility for Veterans Day, Memorial Day and/or Independence Day leave of absence. SCOPE ELIGIBILITY REQUIREMENTS: Veterans Day and Memorial Day a. Service on active duty in the armed forces of the United States and honorably discharged or separated under honorable conditions. (Members who served as reservists on extended ACTIVE DUTY FOR TRAINING ONLY, are not entitled to this excusal). b. Service in the armed forces of a country allied with the United States in World War II, or during the Korean conflict between June 25, 1950 and January 31, 1955, or during the Vietnam conflict between January 1, 1963 and May 7, 1975. Independence Day a. Service in, and honorably discharged from, the Naval Militia, National Guard or Reserve forces of the Armed Forces at a time when the United States was not at war. The date that will serve as the basis for special leave excusal will be the date on which this Department observes the holiday. PROCEDURE When seeking to establish eligibility for Veterans Day, Memorial Day and/or Independence Day leave of absence: UNIFORMED MEMBER OF THE SERVICE 1. Submit to commanding officer/supervisory head, a written request and original copy of: a. Honorable Discharge and/or Separation Certificate (DD 214) with any other document(s) which substantiates eligibility for Veterans Day and Memorial Day leave of absence. b. Honorable Discharge and/or Military Order indicating separation was under honorable conditions from National Guard, Naval Militia or Reserve forces of the United States, together with any other documentation indicating entitlement to Independence Day leave of absence. C.O. /SUPV. HEAD 2. Forward Commanding Officer’s endorsement recommending approval/disapproval and all copies of documentation submitted, to Commanding Officer, Military and Extended Leave Desk. C.O., MILITARY AND EXTENDED LEAVE DESK 3. 4. Review all documentation submitted to determine if member is entitled to leave. Prepare endorsement indicating leave to which member is entitled to and forward all submitted documents to commanding officer/supervisory head concerned. Have endorsement and supporting documentation placed in member’s Personal Folder. 5. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-24 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 Due to exigencies of the service, leave will be granted, as follows: Captains - according to the needs of the service. One lieutenant in a precinct. Three sergeants in a precinct where seven or more are performing duty. Two sergeants in a precinct where there are less than seven performing duty. Not more than 40% of the total number of police officers entitled to this leave in a precinct. Commands other than precincts, 40% equitably apportioned among various ranks. Preference will be given to senior members in each rank. In order to be granted excusal under this procedure, the member must take the excusal for the holiday on the day the holiday is observed by this Department. However, if the uniformed member works the holiday (either as a scheduled workday or on an overtime basis), said member will be excused from one tour for such day upon request (exigencies of the service permitting). This excusal must be utilized within six months of the specific holiday. Uniformed members of the service who are on vacation, sick report, absent with leave or excused from duty on any of these days, according to their regular duty chart are NOT eligible for this leave. If a member had been previously turned down for entitlements under this procedure, and the uniformed member supplies new documents to substantiate entitlements, copies of all documents will be forwarded as outlined above. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-26 JURY DUTY LEAVE FOR UNIFORMED MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide a set of guidelines to be followed by those uniformed members of the service directed to appear for jury duty in Federal, State, and City courts, as well as other municipal courts in the resident counties. NOTE Although uniformed members of the service are no longer exempt from jury duty due to their occupation as police officers, they may still attempt to claim an exemption under other circumstances as listed on the exemption claim form. PROCEDURE When a uniformed member of the service is directed to appear for jury duty in court: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Uniformed member’s regular work schedule as it pertains to days off shall not be adjusted to accommodate his/her jury duty appearance. On days in which a uniformed member performs jury duty that are his/her regular days off, the member shall be entitled to retain the jury duty fee. Notify commanding officer immediately upon receipt of a notice to appear for jury duty. The commanding officer shall ensure that entries concerning scheduled dates to appear for jury duty are entered in the command diary. Uniformed members scheduled to work on a day in which they are also scheduled for jury duty will be excused from their regular tour of duty and will begin their tour at 0800 hours for payroll purposes (the length of the tour shall be consistent with the officer’s normal chart) and will be required to remit to the city any jury duty fee they receive. Members whose jury duty appearance ends before the end of their scheduled tour shall be required to notify their command for instructions or request lost time, needs of the service permitting. Members will not be entitled to receive overtime compensation for jury duty service that goes beyond the end of their scheduled tour. Uniformed members shall be entitled to keep travel fees as provided by the courts. 2. 3. Provide official documentation of the jury duty service, including dates and times of attendance in the form of a court issued Certificate of Service, to the integrity control officer. The integrity control officer shall review the forms and ensure that members have complied with the provisions of this order. Failure to provide such documentation may result in disciplinary action. Opt to do one of the following when a jury duty appearance conflicts with a scheduled annual vacation: a. Attempt to postpone their jury duty appearance. Notify command, if successful. b. Cancel their vacation pick or portion thereof. Notify command. c. Perform jury duty on vacation and retain jury duty fees for those days. Notify command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-26 UNIFORMED MEMBER OF THE SERVICE (continued) PAGE: 08/01/13 4. 5. 6 ADDITIONAL DATA REVISION NUMBER: 2 of 2 Notify commanding officer and the district attorney’s office concerned when jury duty conflicts with other Department scheduled court appearances. If necessary, commanding officers are to prepare and forward a written request to the appropriate county Commissioner of Jurors on Department letterhead explaining the conflict and reason for excusal from jury duty. The explanation should be accompanied by proof of member’s unavailability for jury duty, such as a subpoena from the District Attorney’s office. If the Department is unable to resolve the conflict, the matter will be referred to the District Attorney’s office for further attention. Comply with the directives of the court concerning your next jury duty appearance when placed on ALERT. If activated, members shall immediately notify their command and be scheduled according to the provisions of paragraph 1 through 4 of this order. Notify command and/or Medical Division, if required, and the appropriate court, if reporting sick while on jury duty. Normal sick leave procedures shall apply regarding performance of police duty, however, members on sick leave who are directed to appear at jury duty will notify the Medical Division. The Medical Division will carry the member in the “Out of Residence Log,” when such member is performing jury duty. Members are required to notify the Medical Division immediately upon returning to their residence from jury duty. Uniformed members shall be guided by the rules of the courts concerning carrying of their off-duty firearms while on jury duty. Fees rendered for jury duty will be processed in the same manner for uniformed members as for civilian members as listed in A.G. 319-22, “Civilian Employee Reimbursement to City for Jury Service.” Any questions concerning the contents of this procedure should be referred to the Office of Labor Relations. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-27 PREGNANCY RELATED GUIDELINES FOR UNIFORMED MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To notify the Department when a female uniformed member of the service receives a positive result from a pregnancy test conducted by her private physician. DEFINITION PREGNANCY STATUS - A female uniformed member of the service who is placed on non-enforcement duties by her district surgeon due to her pregnancy condition. This status is similar to restricted duty. PROCEDURE When a uniformed member of the service is informed by her private physician that she is pregnant: UNIFORMED MEMBER OF THE SERVICE 1. 2. NOTE Pregnant members of the service will not have to personally visit their district surgeon to report their positive pregnancy condition. DISTRICT SURGEON CONCERNED 3. UNIFORMED MEMBER OF THE SERVICE 6. 4. 5. 7. Notify district surgeon by telephone of pregnancy condition. Send follow-up notification, indicating confirmation of pregnancy and due date via: a. FAX AND: b. Department mail (send original documentation from private physician). Place member of the service on “pregnancy status” after receiving telephonic, mail and FAX notification. Send member’s medical records to the Pregnancy Medical District. Send a note to member’s private physician explaining Department guidelines concerning pregnancy assignment and sick policy, when necessary and appropriate. Comply with P.G. 205-01, “Reporting Sick,” when unable to perform duty due to illness or other physical condition. a. Report to Pregnancy Medical District any time it is necessary to see a surgeon. Comply with P.G. 204-3, “Uniforms,” as it relates to the wearing of the uniform. PREGNANCY MEDICAL DISTRICT SURGEON 8. NOTE In some circumstances, pregnant members of the service will commence sick leave prior to the fourth week before their expected date of delivery. These decisions will be made on a case by case basis by the Pregnancy Medical District Surgeon. 9. Commence sick leave for pregnant member of the service approximately four weeks before the expected date of delivery. Terminate sick leave approximately six weeks following delivery. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-27 REVISION NUMBER: PAGE: 08/01/13 2 of 3 UNIFORMED MEMBER OF THE SERVICE 10. Telephone the Pregnancy Medical District Surgeon on the following two occasions: a. To confirm actual delivery date - this should be done within ten days of said date. b. During the fifth post-delivery week to allow the Pregnancy Medical District Surgeon to determine the member’s return to duty date. (1) Provide the Pregnancy Medical District Surgeon with documentation, if additional sick time is required. NOTE The continuance of sick leave and the determination of the member’s status will be made by the Pregnancy Medical District Surgeon. PREGNANCY MEDICAL DISTRICT SURGEON 11. ADDITIONAL DATA The Pregnancy Medical District located at 1 Lefrak City Plaza, 59-17 Junction Boulevard, Corona, New York, will include a specifically designated surgeon and a nurse exclusively assigned. Additionally, when required to see the Pregnancy Medical District Surgeon, pregnant members will be seen in a separate area or at a separate time to avoid possible exposure to illness. Reassign medical records of members of the service back to her original medical district after her return to full duty status. Once placed on “pregnancy status,” by the district surgeon, the member may be reassigned to another command which performs non-enforcement duties. (e.g., the Medical Division, etc.) or may remain within the permanent command depending upon the needs of the Department. Pregnant uniformed members of the service will no longer be required to make routine pregnancy visits to the surgeon. Recurring pregnancy related illness will be counted as one sick report, if the member provides proper documentation from her private physician and with the approval of the Pregnancy Medical District Surgeon. Repeated “undocumented” and “unapproved” sick leaves can lead to a “chronic sick” designation. The following conditions, if minor, will not automatically be valid reasons for pregnancy related absence: a. Nausea (morning sickness) b. Lower back pain c. Mild leg swelling d. Fatigue e. Other conditions limited to a few days duration. The above listed conditions are considered by the medical profession to be a normal part of pregnancy. If a member of the service reports sick for these minor conditions, the sick report will not be valid for consolidation as an absence related to pregnancy illness. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-27 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 A pass MAY be granted, if the Pregnancy Medical District Surgeon determines that the issuance of such a pass would not adversely affect the member’s health. The pre-delivery pass becomes void after hospitalization. Pregnancy status does not preclude a member of the service from being promoted. Pregnant members of the service, as well as members on restricted duty/limited capacity, assigned to “Investigative Track Units” may appeal any deductions of investigative time earned, while on “pregnancy status,” if they were performing normal investigative duties during that time period. (see A.G. 320-35, “Promotion to Third Grade Detective (Investigator).” When a pregnant member is required to appear in court, before a Grand Jury or other government agency, she may appear in business attire or uniform. Pregnant members are not required to attend the Firearms and Tactics qualification cycles. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Uniforms (P.G. 204-03) Absence Control (A.G. 318-12) Chronic Absence Control Program (A.G. 318-13) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-28 CHILD CARE LEAVE OF ABSENCE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To process requests for child care leave of absence, without pay, made by uniformed members of the service. DEFINITION CHILD CARE LEAVE OF ABSENCE - An unpaid leave of absence for a continuous period not to exceed three hundred and sixty-five days commencing no later than one year after the birth of the member’s child, natural or adopted. As used in this procedure, the approving officer will be the Chief of Personnel. PROCEDURE When a uniformed member of the service requires child care leave of absence without pay: UNIFORMED MEMBER OF THE SERVICE 1. Notify commanding officer/supervisory head of intention to request leave of absence a minimum of six weeks prior to anticipated birth date of child, or six weeks prior to date when uniformed member of the service wishes to commence leave of absence, as appropriate. COMMANDING 2. OFFICER Direct uniformed member of the service to contact the Military and Extended Leave Desk immediately for instructions. 3. Submit all forms to commanding officer/supervisory head as directed by the Military and Extended Leave Desk. COMMANDING 4. OFFICER Ensure that member’s firearms and all Department property (except Department Manual) are surrendered and indicate such on PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013). a. Under caption “Member is Applying For:” indicate “Extended Leave of Absence” and “Without Pay.” Distribute PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE as follows: a. Original - Attach to member’s request for leave of absence b. First Copy - To member requesting leave of absence c. Second Copy - Command file d. Remaining Copies - Filed in member’s Personal Folder. Endorse member’s leave request, as appropriate, recommending APPROVAL and forward DIRECT to Commanding Officer, Military and Extended Leave Desk. Direct that a telephone notification be made to the Payroll Section indicating the date member’s leave will commence. UNIFORMED MEMBER OF THE SERVICE 5. 6. 7. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-28 PAGE: 08/01/13 8. INTEGRITY CONTROL OFFICER REVISION NUMBER: 9. 2 of 3 Forward NYPD Restricted Parking Permits (Misc. 23-N) and Headquarters Annex Parking Permits (Misc. 814HQ-Annex), by messenger, to Internal Affairs Bureau, Vehicle Identification Unit. Forward shield, if applicable, and IDENTIFICATION CARD (PD416091), by messenger, to Employee Management Division, Shield /Identification Card Unit, and obtain receipt. C.O., MILITARY AND EXTENDED LEAVE DESK 10. C.O., PERSONNEL ORDERS SECTION 12. ADDITIONAL DATA A child care leave of absence without pay will be granted only after all accrued leave has been exhausted. A uniformed member’s vacation is granted January 1, for that year, but is not to be considered accrued unless the member is in a “full pay” status for the required number of tours for that month. 11. Direct that an appropriate background check be conducted on requesting member. Endorse member’s request for leave as necessary and forward to Chief of Personnel for approval. Direct transfer of member requesting leave to the Military and Extended Leave Desk after request has been APPROVED. A uniformed member of the service who requests a child care leave of absence without pay for less than thirty days will be guided by P.G. 205-20, “Leave of Absence Without Pay Twenty-Nine (29) Days or Less.” Member will receive no pay during the leave of absence. Member will be required to make up this time lost before member will be considered eligible for retirement. This time on leave will not be credited for pension purposes. Any time in excess of six months on leave - no pay status - will be considered a break in continuous service, and thereby preclude vested interest retirement for five years after return to duty. All Department property, except the Department Manual, must be surrendered on the member’s last tour of duty, prior to commencement of leave of absence. Extensions of a child care leave of absence without pay will NOT be granted. A member may terminate such leave prior to the scheduled expiration date upon advance notification to the Commanding Officer, Military and Extended Leave Desk. While on a leave of absence, a uniformed member of the service will be required to appear for any hearings or trials in which the member is the arresting officer, witness, or respondent and will notify the Commanding Officer, Military and Extended Leave Desk prior to such appearance. The Military and Extended Leave Desk will make salary payment computations upon documentation of mandatory appearance. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-28 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 A member of the service will not be considered ineligible for promotion solely because of an approved leave of absence. If a member is scheduled for promotion during the leave, member will be notified by the Department to be present on the day of the promotion. Any extended leave of absence without pay may effect health benefits. Members on leave of absence will, however, be able to purchase health insurance for a limited period of time at a group rate. Questions may be referred to the Health Insurance Section. RELATED PROCEDURES Leave of Absence Without Pay Twenty-Nine (29) Days or Less (P.G. 205-20) Leave of Absence Without Pay Thirty (30) Calendar Days or More (P.G. 205-21) FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-29 RANDOM DRUG SCREENING DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To randomly screen uniformed members of the service (other than those assigned to the Organized Crime Control Bureau, the Internal Affairs Bureau, or probationary police officers in training at the Police Academy) for illegal drug/controlled substance usage. SCOPE The Department’s goal is to ensure that uniformed members of the service do not use illegal drugs/controlled substances, maintain high standards of performance, and are afforded an opportunity to work in a drug-free environment. NOTE Uniformed members of the service assigned to the Organized Crime Control Bureau, Internal Affairs Bureau and probationary police officers in training at the Police Academy will be subject to separate random drug screening procedures. PROCEDURE To randomly identify uniformed members of the service for illegal drug/ controlled substance screening: C.O., MEDICAL DIVISION 1. 2. Direct Management Information Systems Division (MISD) to identify uniformed members of the service for automated random screening by utilizing the Department’s personnel database. a. Individual members selected for random screening will be identified by social security number. Direct members selected for random screening to appear at the Medical Division at appropriate date and time. UNIFORMED MEMBER OF THE SERVICE SELECTED FOR SCREENING 3. NOTE Members previously scheduled for individual days off (other than regular days off) may be excused from the test with the approval of the bureau chief concerned. Members scheduled for court or training on the 8x4 tour will appear for testing immediately upon completion of court or training session. Members scheduled for a 12x8 tour on the testing day will appear for testing immediately upon completion of their scheduled 12x8 tour. Members reporting sick on the testing date will be required to visit a Department surgeon and obtain approval for excusal from the test. 4. MUST report to Medical Division when notified, except if member is on: a. Sick report b. Regularly scheduled day off c. Military leave d. Annual vacation e. Terminal leave f. Bereavement leave. MUST submit to a hair analysis drug screening test. Refusal to submit to test will result in suspension from duty and will be grounds for dismissal from the Department. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-29 REVISION NUMBER: PAGE: 08/01/13 2 of 3 UNIFORMED MEMBER OF THE SERVICE SELECTED FOR SCREENING (continued) 5. ADDITIONAL DATA Three hair samples will be collected, cut as close to the skin as possible. The samples should be collected from the same body area, preferably the head. The samples will be individually placed in separate laboratory supplied “Sample Acquisition Cards,” and sealed by the collector in the presence of the test subject. These cards will be placed in separate plastic bags, sealed by the collector, and initialed and dated by the test subject. Two hair samples will be forwarded to the contracted laboratory for analysis. The third hair sample will be safeguarded at the Medical Division for use in retesting should the test of the first two hair samples reveal positive results for illegal drugs/controlled substances. Appropriate chain of custody will be maintained at all times. 6. 7. Prepare form listing all medications ingested or prescribed in the last ninety days, prior to testing. Present shield and IDENTIFICATION CARD (PD416-091) at the testing location to ensure proper individual has reported for testing. Comply with instructions received at testing location. Privacy and dignity will be protected. Except in unusual circumstances, hair samples will be taken at a facility operated by the Medical Division, or at another health care facility. The hair samples will be collected under maximum feasible privacy. In the event that the member concerned is unable to provide adequate hair samples as required in this procedure, a Department surgeon will be contacted. The Department surgeon, upon conferral with the supervising chief surgeon or designee, may authorize the collection of alternate specimen(s) to complete the drug screening test. Failure to comply with an order by a Department surgeon will be considered a refusal of the test and grounds for dismissal. One or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation testing has been conducted. Negative test results will not be maintained; instead they will be destroyed. Positive test samples will be maintained by the analyzing laboratory in a secure area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty days of notification of such result, submit a written request to the Department Advocate’s Office for further (independent) retesting of the collected third hair sample by a laboratory certified by the State of New York Department of Health to conduct forensic drug testing of hair specimens. All retesting expenses, including chain of custody, will be paid by the affected member of the service. The results of the retest will be forwarded by the independent laboratory to the Medical Division. The Medical Division will then forward the results to the Department Advocate’s Office. The affected member/counsel will be notified of the results by the Department Advocate’s Office. Testing will be conducted only for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Specifications and suspension from duty. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-29 RELATED PROCEDURES DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 Administration Of Drug Screening Tests For Cause (P.G. 205-30) Drug Screening Tests For Uniformed Members Of The Service Applying For Assignments To Designated Specialized Units (P.G. 205-31) Random Drug Screening For Uniformed Members Of The Service Assigned To The Organized Crime Control Bureau And The Internal Affairs Bureau (P.G. 205-32) Drug Screening Tests For Uniformed Members Of The Service As A Condition Of Civil Service Promotion (P.G. 205-33) Drug Screening Tests For Uniformed Members Of The Service As A Condition Of Discretionary Promotion (P.G. 205-34) Voluntary Drug Testing (P.G. 205-35) Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-30 ADMINISTRATION OF DRUG SCREENING TESTS FOR CAUSE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To investigate and detect illegal drug/controlled substance usage by members of the service (uniformed and civilian). SCOPE The administration of drug screening tests for cause is a procedure utilized by this Department to detect the presence of drugs in the hair and urine of members of the service suspected of illegal drug/controlled substance usage. To balance the public’s interest in having a drug-free Police Department against the individual employee’s right to privacy, drug screening tests for cause will be administered when there is reasonable suspicion to believe that a member of the service (uniformed or civilian) is illegally using drugs/controlled substances. When reasonable suspicion does exist, the member suspected of illegally using drugs/controlled substances MUST provide the drug-screening hair and urine samples when directed. Refusal will result in immediate suspension from duty and subsequent service of charges and specifications. PROCEDURE When a member of the service suspects that another member (uniformed or civilian) may be illegally using drugs/controlled substances: MEMBER OF THE SERVICE 1. COMMANDING 2. OFFICER/DUTY CAPTAIN Immediately notify commanding officer/duty captain or Internal Affairs Bureau Command Center ([212] 741-8401). a. Provide rank, name and command of suspected member. Notify Internal Affairs Bureau Command Center and obtain a log number. SUPERVISOR DIRECTED TO CONDUCT INVESTIGATION 3. SUPERVISOR CONDUCTING INVESTIGATION NOTE Reasonable Suspicion - Exists when evidence or information, which appears reliable, is known to the police supervisor and is of such weight and persuasiveness as to make the supervisor, based upon his/her judgment and experience, reasonably suspect that a member of the service is illegally using drugs/controlled substances. Reasonable suspicion that a member is illegally using drugs/controlled substances must be supported by specific articulable facts from which rational inferences may be drawn. Reasonable suspicion cannot be based upon mere “hunch” or solely upon poor work performance. 4. NOTE Determine if a REASONABLE SUSPICION has been established indicating illegal drug/controlled substance usage. Prepare INVESTIGATING OFFICER’S REPORT (PD313-153) and record observations and other pertinent data. If reasonable suspicion of illegal drug/controlled substance use is based on observation of the suspected member’s physical appearance, at least two supervisors must make the observations. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-30 REVISION NUMBER: PAGE: 08/01/13 2 of 4 5. SUPERVISOR 6. CONDUCTING INVESTIGATION (continued) 7. Prepare a case folder for documentation of all aspects of investigation. Confer with own immediate supervisor if reasonable suspicion has been established that member is illegally using drugs/controlled substances. Contact bureau chief/counterpart/borough commander, upon completion of investigation to obtain approval for drug screening tests. a. If circumstances indicate drug screening samples must be obtained expeditiously, immediately contact bureau chief/counterpart/ borough commander for approval. 8. BUREAU CHIEF/ COUNTERPART 9. / BOROUGH COMMANDER Approve request for drug screening test ONLY after carefully determining that supervisor conducting investigation has established reasonable suspicion. Direct that member being tested be placed on modified assignment pending results of test, unless other circumstances warrant suspension from duty. NOTE Approval of bureau chief/counterpart/borough commander must be obtained prior to administration of the drug screening tests. If bureau chief/counterpart/borough commander is not available, executive officer concerned or duty chief may be contacted for approval. 10. SUPERVISOR CONDUCTING INVESTIGATION Contact the Medical Division when approval is received for administration of drug screening test and obtain Medical Division’s drug screening serial numbers. a. Obtain Medical Division’s drug screening serial numbers even if member refuses tests. b. Include Medical Division’s drug screening serial numbers in case folder along with all other documentation. NOTE If the Medical Division is closed, contact the Sick Desk supervisor. SUPERVISOR, MEDICAL DIVISION 11. 12. 13. 14. Advise member suspected of illegal drug/controlled substance usage that refusal to provide hair and urine samples will result in immediate suspension from duty. Notify the Department Advocate’s Office that a drug screening test has been ordered, provide all pertinent information and obtain identity of member notified. a. Notify Medical Division to make entry in “Drug Screening Test Log” under caption “DEPARTMENT ATTORNEY NOTIFIED.” Inform supervisor conducting investigation where hair and urine samples will be taken and procedure to be followed. Maintain “Drug Screening Test Log” in an appropriate Department record book, captioned across a double page, as follows: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-30 FIRST PAGE DRUG SCREENING TEST# ADDITIONAL DATA PAGE: 08/01/13 DATE/TIME SECOND PAGE DEPARTMENT ATTORNEY NOTIFIED REVISION NUMBER: NAME OF MEMBER TESTED 3 of 4 TAX REGISTRY NUMBER WITNESS TO TEST COMMAND RESULTS OF TESTS MEMBER REQUESTING TEST COMMAND REMARKS A Department surgeon, specifically a medical doctor employed by the Department, may order a drug screening test without securing the prior approval of the bureau chief/counterpart/borough commander concerned. However, when a Department surgeon orders a test for a member of the service he/she suspects of illegal drug/controlled substance usage, the Department surgeon will first confer with the supervising chief surgeon or designee, if feasible. The investigator’s case folder will be sealed to protect the employee’s right to privacy in those cases in which the result of the drug screening test do not indicate the presence of an illegal drug/controlled substance. The folder will not be unsealed without the written authorization of the Deputy Commissioner - Legal Matters. The case folder will be filed in the appropriate borough Investigations Unit with a copy to the Internal Affairs Bureau. Furthermore, any reference to the administration of the drug screening test in the personal folder of the member concerned will be expunged. An investigating supervisor finding controlled substances/contraband, such as drugs or instruments used to administer drugs (e.g., hypodermic syringes/needles, crack pipes, etc.) on or in the vicinity of a member of the service (uniformed or civilian) suspected of illegal drug/controlled substance usage will have such items invoiced on PROPERTY CLERK INVOICE (PD521-141) as “Investigatory Evidence” and comply with the pertinent provisions of P.G. 218-24, “Processing Controlled Substances/Marijuana Contraband Stored at Station House” and P.G. 218-25, “Processing Controlled Substances/Marijuana Contraband Not Stored at Station House”. In addition, the investigating supervisor will have the following statement entered in capital letters in the “Remarks” section of the INVOICE: “NOT TO BE DESTROYED WITHOUT APPROVAL OF THE DEPARTMENT ADVOCATE’S OFFICE.” Three hair samples will be collected, cut as close to the skin as possible. The samples should be collected from the same body area, preferably the head. The samples will be individually placed in separate laboratory supplied “Sample Acquisition Cards,” and sealed by the collector in the presence of the test subject. These cards will be placed in separate plastic bags, sealed by the collector, and initialed and dated by the test subject. Two hair samples will be forwarded to the contracted laboratory for analysis. The third hair sample will be safeguarded at the Medical Division for use in retesting should the test of the first two hair samples reveal positive results for illegal drugs/controlled substances. Appropriate chain of custody will be maintained at all times. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-30 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 Two urine samples will also be collected, each in a separate vial. Prior to testing, the drug screening serial number assigned by the Medical Division and date of test will be affixed to each vial. The serial number will be logged separately with the member’s name and maintained at the Medical Division. The member being tested and the witness will then initial the vial stickers. The vials will be sealed in the member’s presence after the urine samples have been collected. Appropriate chain of custody will be maintain at all times. Privacy and dignity will be protected. The hair and urine samples will be collected under maximum feasible privacy. Except in unusual circumstances, only one person of the same sex will be present with the test subject to observe the urine sample being provided. For chain of custody purposes, that same person will also collect the hair samples. One or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation testing has been conducted. Positive test samples will be maintained by the analyzing laboratory in a secure area, and remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose tests are positive may, within sixty days of notification of such results, submit a written request to the Department Advocate’s Office for further (independent) retesting of the collected samples by a laboratory certified by the State of New York Department of Health to conduct the particular type of forensic drug testing (i.e., urine or hair) being requested. All retesting expenses, including chain of custody, will be paid by the affected member of the service. The results of the retest will be forwarded by the independent laboratory to the Medical Division. The Medical Division will then forward the results to the Department Advocate’s Office. The affected member/counsel will be notified of the results by the Department Advocate’s Office. Positive test results, which indicate illegal drug/controlled substance use, will result in Department Charges and Specifications, and suspension from duty. RELATED PROCEDURES Reporting Violations Observed By Supervisors (P.G. 206-01) Preparation of Charges and Specifications (P.G. 206-05) Service And Disposition Of Charges And Specifications (P.G. 206-06) Cause For Suspension Or Modified Assignment (P.G. 206-07) Interrogation Of Members Of The Service (P.G. 206-13) Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) Modified Assignment (P.G. 206-10) FORMS AND REPORTS INVESTIGATING OFFICER’S REPORT (PD313-153) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-31 DRUG SCREENING TESTS FOR UNIFORMED MEMBERS OF THE SERVICE APPLYING FOR ASSIGNMENTS TO DESIGNATED SPECIALIZED UNITS DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 3 PURPOSE To screen for illegal drug/controlled substance usage by uniformed members of the service applying for assignment to designated specialized units. DEFINITION DESIGNATED SPECIALIZED UNITS - For the purpose of this procedure the following units will be included: Organized Crime Control Bureau, Internal Affairs Bureau, Detective Bureau, Deputy Commissioner Counterterrorism, Special Operations Division, Intelligence Bureau, Highway District, Quality Assurance Division, and any other unit subsequently designated a specialized unit for the purpose of this procedure. SCOPE The Department has a substantial interest in ensuring that uniformed members of the service applying for assignments to designated specialized units do not use illegal drugs/controlled substances and maintain the highest standards of integrity and performance. PROCEDURE Uniformed members of the service applying for assignment to designated specialized units: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Prior to being notified to report for a drug screening test or prior to being temporarily or permanently assigned to a designated specialized unit, applicants may withdraw their application with no penalty or requirement to submit to drug screening by submitting a written request to their commanding officer. 2. NOTE MUST sign form indicating that they understand that drug screening is part of the application process for assignment to designated specialized units. a. The drug screening can occur at any time after the application has been submitted, or after member is temporarily or permanently assigned to the designated specialized unit. MUST submit to test when notified to report for drug screening. Refusal to submit to the test will result in suspension from duty and will be grounds for dismissal from the Department. All applicants will be tested. In all cases, if a uniformed member of the service refuses to submit to a test, the permanent command will be responsible for suspending member and complying with P.G. 206-08, “Suspension from Duty-Uniformed Member Of The Service.” 3. 4. 5. Prepare form listing all medications ingested or prescribed in the last ninety days, prior to testing. Present shield and IDENTIFICATION CARD (PD416-091) to be checked at the testing location to ensure proper individual has reported for testing. Comply with instructions received at testing location. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-31 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 2 of 3 Three hair samples will be collected, cut as close to the skin as possible. The samples should be collected from the same body area, preferably the head. The samples will be individually placed in separate laboratory supplied “Sample Acquisition Cards,” and sealed by the collector in the presence of the test subject. These cards will be placed in separate plastic bags, sealed by the collector, and initialed and dated by the test subject. Two hair samples will be forwarded to the contracted laboratory for analysis. The third hair sample will be safeguarded at the Medical Division for use in retesting should the test of the first two hair samples reveal positive results for illegal drugs/controlled substances. Appropriate chain of custody will be maintained at all times. Privacy and dignity will be protected. Except in unusual circumstances, hair samples will be taken at a facility operated by the Medical Division, or at another health care facility. The hair samples will be collected under maximum feasible privacy. In the event that the member concerned is unable to provide adequate hair samples as required in this procedure, a Department surgeon will be contacted. The Department surgeon, upon conferral with the supervising chief surgeon or designee, may authorize the collection of alternate specimen(s) to complete the drug screening test. Failure to comply with an order by a Department surgeon will be considered a refusal of the test and grounds for dismissal. One or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation testing has been conducted. Negative test results will not be maintained; instead they will be destroyed. Positive test samples will be maintained by the analyzing laboratory in a secure area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty days of notification of such result, submit a written request to the Department Advocate’s Office for further (independent) retesting of the collected third hair sample by a laboratory certified by the State of New York Department of Health to conduct forensic drug testing of hair specimens. All retesting expenses, including chain of custody, will be paid by the affected member of the service. The results of the retest will be forwarded by the independent laboratory to the Medical Division. The Medical Division will then forward the results to the Department Advocate’s Office. The affected member/counsel will be notified of the results by the Department Advocate’s Office. Testing will be conducted only for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Specifications and suspension from duty. Uniformed members of the service screened under this procedure will continue to be subject to drug screening pursuant to the Department’s random drug screening procedures. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-31 RELATED PROCEDURES DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 3 of 3 Random Drug Testing (P.G. 205-29) Administration Of Drug Screening Tests For Cause (P.G. 205-30) Random Drug Screening For Uniformed Members Of The Service Assigned To The Organized Crime Control Bureau And The Internal Affairs Bureau (P.G. 205-32) Drug Screening Tests For Uniformed Members Of The Service As A Condition Of Civil Service Promotion (P.G. 205-33) Drug Screening Tests For Uniformed Members Of The Service As A Condition Of Discretionary Promotion (P.G. 205-34) Voluntary Drug Testing (P.G. 205-35) Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-32 RANDOM DRUG SCREENING FOR UNIFORMED MEMBERS OF THE SERVICE ASSIGNED TO ORGANIZED CRIME CONTROL BUREAU (OCCB) AND INTERNAL AFFAIRS BUREAU (IAB) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To randomly screen uniformed members of the service assigned to Organized Crime Control Bureau (OCCB) and Internal Affairs Bureau (IAB) for illegal drug/controlled substance usage. SCOPE The Department and individual members assigned to Organized Crime Control Bureau and Internal Affairs Bureau have a substantial interest in ensuring that uniformed members of the service assigned to these bureaus do not use illegal drugs/controlled substances. In these assignments, the sternest precautionary safeguards are necessary to ensure that members maintain the highest standards of integrity and performance. NOTE Uniformed members of the service assigned to commands other than OCCB and IAB will be subject to separate random drug screening procedures. PROCEDURE Uniformed members of the service assigned to Organized Crime Control Bureau (OCCB) and Internal Affairs Bureau (IAB): SUPERVISOR, MISD, SYSTEMS 1. Prepare a computer program that utilizes the Department’s personnel databases to randomly identify uniformed members of the service assigned to OCCB and IAB for drug screening. a. Individual members selected for random screening will be identified solely by social security number. 2. Direct members selected for random screening to appear at the Medical Division at appropriate date and time. Provide the Medical Division’s Drug Testing Unit with a listing of members selected for random screening along with dates and times they are scheduled to appear. DEVELOPMENT SECTION CHIEF, OCCB AND IAB 3. UMOS ASSIGNED TO OCCB OR IAB SELECTED FOR TESTING 4. MUST report to the Medical Division when notified EXCEPT if member is on: a. Sick report b. Regularly scheduled day off c. Military leave d. Annual vacation e. Terminal leave f. Bereavement leave. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-32 REVISION NUMBER: PAGE: 08/01/13 2 of 3 NOTE Members previously scheduled for individual days off (other than regular days off) may be excused from the test with the approval of the bureau chief concerned. Members scheduled for court or training on the 8 x 4 tour will appear for testing immediately upon completion of the court or training session. Members scheduled for a 12 x 8 tour on the testing day will appear for testing immediately upon completion of their scheduled 12 x 8 tour. Members reporting sick on the testing day will be required to visit a Department surgeon and obtain approval for excusal from the test. UMOS ASSIGNED TO OCCB OR IAB SELECTED FOR TESTING (continued) 5. 6. 7. 8. ADDITIONAL DATA MUST submit to a hair analysis drug screening test. Refusal to submit to the test will result in suspension from duty and will be grounds for dismissal from the Department. Prepare form listing all medications ingested or prescribed in last ninety days, prior to testing. Present shield and IDENTIFICATION CARD (PD416-091) at testing location to ensure the proper individual has reported for testing. Comply with instructions received at testing location. Three hair samples will be collected, cut as close to the skin as possible. The samples should be collected from the same body area, preferably the head. The samples will be individually placed in separate laboratory supplied “Sample Acquisition Cards,” and sealed by the collector in the presence of the test subject. These cards will be placed in separate plastic bags, sealed by the collector, and initialed and dated by the test subject. Two hair samples will be forwarded to the contracted laboratory for analysis. The third hair sample will be secured at the Medical Division for use in retesting, should the test of the first two hair samples reveal positive results for illegal drugs/controlled substances. Appropriate chain of custody will be maintained at all times. Privacy and dignity will be protected. Except in unusual circumstances hair samples will be taken at a facility operated by the Medical Division, or at another health care facility. The hair samples will be collected under maximum feasible privacy. In the event that the member concerned is unable to provide adequate hair samples as required in the procedure, a Department surgeon will be contacted. The Department surgeon, upon conferral with the supervising chief surgeon or designee, may authorize the collection of alternate specimen(s) to complete the drug screening test. Failure to comply with an order by a Department surgeon will be considered a refusal of the test and grounds for dismissal. One or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation testing has been conducted. Negative test results will not be maintained, instead they will be destroyed. Positive test samples will be maintained by the analyzing laboratory in a secure area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty days of notification of such result, submit a written request to the Department Advocate’s Office for further (independent) retesting of the collected third hair sample by a laboratory certified by the State of New York Department of Health to conduct forensic drug testing of hair specimens. All retesting expenses, including chain of custody, will be paid by the affected NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-32 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 member of the service. The results of the retest will be forwarded by the independent laboratory to the Medical Division. The Medical Division will then forward the results to the Department Advocate’s Office. The affected member/counsel will be notified of the results by the Department Advocate’s Office. Testing will be conducted only for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Specifications and suspension from duty. RELATED PROCEDURES Random Drug Screening (P.G. 205-29) Administration Of Drug Screening Tests For Cause (P.G. 205-30) Drug Screening Tests For Uniformed Members Of The Service Applying For Assignments To Designated Specialized Units (P.G. 205-31) Drug Screening Tests for Uniformed Members of the Service As A Condition of Civil Service Promotion (P.G. 205-33) Drug Screening Tests for Uniformed Members of the Service As A Condition of Discretionary Promotion (P.G. 205-34) Voluntary Drug Testing (P.G. 205-35) Suspension From Duty Uniformed Member of the Service (P.G. 206-08) FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-33 DRUG SCREENING TESTS FOR UNIFORMED MEMBERS OF THE SERVICE AS A CONDITION OF CIVIL SERVICE PROMOTION DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To screen for illegal drug/controlled substance usage by uniformed members of the service as a condition of civil service promotion. SCOPE The Department has a substantial interest in ensuring that uniformed members of the service being considered for promotion through civil service examinations do not use illegal drugs/controlled substances and maintain the highest standards of integrity and performance. DEFINITION CIVIL SERVICE PROMOTION - For the purpose of this procedure, a civil service promotion is a promotion that is received as a result of a competitive civil service examination. Promotions to the following ranks are considered civil service and are covered by this procedure: Sergeant, Lieutenant and Captain. Under this procedure, all candidates for civil service promotions are subject to drug screening. PROCEDURE When candidates for a civil service promotion are required to submit to a drug screening test as per their official Notice of Examination: NOTE The required screening can occur prior to promotion or after promotion during the probationary period. PRE-PROMOTION PROCEDURES Uniformed members of the service may withdraw as candidates for promotion with no penalty or requirement to submit to drug screening by submitting a written request to their commanding officer. This request should be made after receiving a notification of promotion but prior to actual promotion and prior to receiving a notification to report for a drug screening test. The candidate’s commanding officer will immediately forward two copies of the request to the Chief of Personnel (original through channels, copy DIRECT). POST PROMOTION PROCEDURES After being promoted but prior to receiving a notification to report for a drug screening test, uniformed members of the service may seek restoration to their prior civil service title with no penalty or requirement to submit to drug screening, by submitting a written request to their commanding officer, who will immediately forward two copies of this request to the Chief of Personnel (original through channels, copy DIRECT). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-33 REVISION NUMBER: PAGE: 08/01/13 2 of 3 UNIFORMED MEMBER CONCERNED 1. NOTE In all cases, if a uniformed member of the service refuses to submit to the test, the permanent command will be responsible for suspending the member and complying with P.G. 206-08, “Suspension From Duty-Uniformed Member Of The Service”. 2. 3. 4. ADDITIONAL DATA Submit to test when notified to report for drug screening. a. Refusal to submit to the test will result in suspension from duty and will be grounds for dismissal from the Department. b. All uniformed members of the service will be tested as a condition of civil service promotion. Prepare form listing all medications ingested or prescribed in the last ninety days, prior to testing. Present shield and IDENTIFICATION CARD (PD 416-091) at the testing location to ensure that the proper individual has reported for testing. Comply with instructions received at testing location. Three hair samples will be collected, cut as close to the skin as possible. The samples should be collected from the same body area, preferably the head. The samples will be individually placed in separate laboratory supplied “Sample Acquisition Cards,” and sealed by the collector in the presence of the test subject. These cards will be placed in separate plastic bags, sealed by the collector, and initialed and dated by the test subject. Two hair samples will be forwarded to the contracted laboratory for analysis. The third hair sample will be secured at the Medical Division for use in retesting, should the test of the first two hair samples reveal positive results for illegal drugs/controlled substances. Appropriate chain of custody will be maintained at all times. Privacy and dignity will be protected. Except in unusual circumstances, hair samples will be taken at a facility operated by the Medical Division, or at another health care facility. The hair samples will be collected under maximum feasible privacy. In the event that the number concerned is unable to provide adequate hair samples as required in this procedure, a Department surgeon will be contacted. The Department surgeon, upon conferral with the supervising chief surgeon or designee, may authorize the collection of alternate specimen(s) to complete the drug screening test. Failure to comply with an order by a Department surgeon will be considered a refusal of the test and grounds for dismissal. One or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation testing has been conducted. Negative test results will not be maintained; instead they will be destroyed. Positive test samples will be maintained by the analyzing laboratory in a secure area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty days of notification of such result, submit a written request to the Department Advocate’s Office for further (independent) retesting of the collected third hair sample by a laboratory certified by the State of New York Department of Health to conduct forensic drug testing of hair specimens. All retesting expenses, including chain of custody, will be paid by the affected member of the service. The results of the retest will be forwarded by the NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-33 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 independent laboratory to the Medical Division. The Medical Division will then forward the results to the Department Advocate’s Office. The affected member/counsel will be notified of the results by the Department Advocate’s Office. Testing will be conducted only for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Specifications and suspension from duty. Uniformed members of the service screened under this procedure will continue to be subject to drug screening pursuant to the Department’s random drug screening procedures. RELATED PROCEDURES Random Drug Screening (P.G. 205-29) Administration of Drug Screening Tests for Cause (P.G. 205-30) Drug Screening Tests for Uniformed Members of the Service Applying for Assignments to Designated Specialized Units (P.G. 205-31) Random Drug Screening for Uniformed Members of the Service Assigned to Organized Crime Control Bureau and Internal Affairs Bureau (P.G. 205-32) Drug Screening Tests for Uniformed Members of the Service as a Condition of Discretionary Promotion (P.G. 205-34) Voluntary Drug Testing (P.G. 205-35) Suspension From Duty-Uniformed Member of the Service (P.G. 206-08) FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-34 DRUG SCREENING FOR UNIFORMED MEMBERS OF THE SERVICE AS A CONDITION OF DISCRETIONARY PROMOTION DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To screen for illegal drug/controlled substance usage by uniformed members of the service as a condition of discretionary promotion. SCOPE The Department has a substantial interest in ensuring that uniformed members of the service being considered for discretionary promotions do not use illegal drugs/controlled substances and maintain the highest standards of integrity and performance. DEFINITION DISCRETIONARY PROMOTION - For the purpose of this procedure, a “discretionary” promotion is a promotion that is not received as a result of a competitive civil service examination. Promotions to the following ranks are considered discretionary and are covered by this procedure: Detective Specialist, Detective Third Grade, Detective Second Grade, Detective First Grade, Sergeant/Special Assignment, Sergeant/Supervisor Detective Squad, Lieutenant/Special Assignment, Lieutenant/Commander Detective Squad, Deputy Inspector, Inspector, Deputy Chief, Assistant Chief, Bureau Chief and Chief of Department. Under this procedure, all candidates for discretionary promotions are subject to drug screening. PROCEDURE Uniformed members of the service who are candidates for discretionary promotion: UNIFORMED MEMBER CONCERNED 1. Sign form DRUG SCREENING NOTICE-DISCRETIONARY PROMOTION (PD481-030) which indicates that the member understands that screening is part of the candidate process for discretionary promotion. a. The required screening can occur at any time after the form is signed, but not more than ninety days prior to promotion, and not more than eighteen months after the candidate has been promoted. PRE-PROMOTION PROCEDURES Members may withdraw as candidates for promotion with no penalty or requirement to submit to drug screening by submitting a written request to their commanding officer. This request should be made after receiving a notification of promotion but prior to actual promotion and prior to receiving a notification to report for a drug screening test. (If the candidate has already signed the DRUG SCREENING NOTICE-DISCRETIONARY PROMOTION form, but has not yet been promoted, the candidate may still withdraw from consideration at any time prior to receiving a notification to report for a drug screening test). The candidate’s commanding officer will immediately forward two copies of the request to the Chief of Personnel (original through channels, copy DIRECT). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-34 REVISION NUMBER: PAGE: 08/01/13 2 of 3 POST PROMOTION PROCEDURES After being promoted but prior to receiving a notification to report for a drug screening test, members of the service may seek restoration to their prior title with no penalty or requirement to submit to a drug screening, by submitting a written request to their commanding officer, who will immediately forward two copies of the request to the Chief of Personnel (original through channels, copy DIRECT). Submit to test when notified to report for drug screening. a. Refusal to submit to the test will result in suspension from duty and will be grounds for dismissal from the Department. b. All uniformed members of the service will be tested as a condition of discretionary promotion. UNIFORMED MEMBER CONCERNED (continued) 2. NOTE In all cases, if a uniformed member of the service refuses to submit to the test, the permanent command will be responsible for suspending the member and complying with P.G. 206-08, “Suspension From Duty-Uniformed Member Of The Service”. 3. 4. 5. ADDITIONAL DATA Prepare form listing all medications ingested or prescribed in the last ninety days, prior to testing. Present shield and IDENTIFICATION CARD (PD 416-091) at the testing location to ensure that the proper individual has reported for testing. Comply with instructions received at testing location. Three hair samples will be collected, cut as close to the skin as possible. The samples should be collected from the same body area, preferably the head. The samples will be individually placed in separate laboratory supplied “Sample Acquisition Cards,” and sealed by the collector in the presence of the test subject. These cards will be placed in separate plastic bags, sealed by the collector, and initialed and dated by the test subject. Two hair samples will be forwarded to the contracted laboratory for analysis. The third hair sample will be secured at the Medical Division for use in retesting, should the test of the first two hair samples reveal positive results for illegal drugs/controlled substances. Appropriate chain of custody will be maintained at all times. Privacy and dignity will be protected. Except in unusual circumstances, hair samples will be taken at a facility operated by the Medical Division, or at another health care facility. The hair samples will be collected under maximum feasible privacy. In the event that the member concerned is unable to provide adequate hair samples as required in this procedure, a Department surgeon will be contacted. The Department surgeon, upon conferral with the supervising chief surgeon or designee, may authorize the collection of alternate specimen(s) to complete the drug screening test. Failure to comply with an order by a Department surgeon will be considered a refusal of the test and grounds for dismissal. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-34 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 One or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation testing has been conducted. Negative test results will not be maintained, instead they will be destroyed. (continued) Positive test samples will be maintained by the analyzing laboratory in a secure area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty days of notification of such result, submit a written request to the Department Advocate’s Office for further (independent) retesting of the collected third hair sample by a laboratory certified by the State of New York Department of Health to conduct forensic drug testing of hair specimens. All retesting expenses, including chain of custody, will be paid by the affected member of the service. The results of the retest will be forwarded by the independent laboratory to the Medical Division. The Medical Division will then forward the results to the Department Advocate’s Office. The affected member/counsel will be notified of the results by the Department Advocate’s Office. Testing will be conducted only for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Specifications and suspension from duty. Uniformed members of the service screened under this procedure will continue to be subject to drug screening pursuant to the Department’s random drug screening procedures. RELATED PROCEDURES Random Drug Screening (P.G. 205-29) Administration of Drug Screening Tests for Cause (P.G. 205-30) Drug Screening Tests for Uniformed Members of the Service Applying for Assignments to Designated Specialized Units (P.G. 205-31) Random Drug Screening for Uniformed Members of the Service Assigned to Organized Crime Control Bureau and Internal Affairs Bureau (P.G. 205-32) Drug Screening Tests for Uniformed Members of the Service as a Condition of Civil Service Promotion (P.G. 205-33) Voluntary Drug Testing (P.G. 205-35) Suspension From Duty-Uniformed Member of the Service (P.G. 206-08) FORMS AND REPORTS DRUG SCREENING NOTICE-DISCRETIONARY PROMOTION (PD439-030) IDENTIFICATION CARD (PD416-091) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-35 VOLUNTARY DRUG TESTING DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 To request permission to voluntarily take a drug screening test to determine illegal drug/controlled substance use. PURPOSE . SCOPE This procedure is available to members of the service (uniformed and civilian) who are the subject of unsubstantiated allegations of illegal drug or controlled substance use where the reasonable suspicion standard has not been met. Prior to requesting permission to take a voluntary drug-screening test, which will consist of both hair and urine samples, members involved must consult with an attorney or appropriate line organization representative. PROCEDURE Member of the service (uniformed or civilian) requesting to voluntarily take a drug screening test: MEMBER OF THE SERVICE 1. 2. Prepare a request on Typed Letterhead, addressed to the Chief of Personnel, asking permission to voluntarily take a drug screening test. a. The request must contain: (1) The name of the union representative or attorney consulted regarding taking the drug screening test, and (2) The circumstances under which the member was accused of illegal drug/controlled substance use. Deliver the request, personally, to the Chief of Personnel or designee. NOTE The request must be delivered to the Chief of Personnel or designee within twenty-four hours of the time the member of the service became aware of the allegation of illegal drug/controlled substance use. CHIEF OF PERSONNEL/ DESIGNEE 3. 4. 5. ADDITIONAL DATA Upon receipt of request, verify that the member of the service was in fact the subject of an allegation of illegal drug/controlled substance use. Determine if member of the service became aware of the allegation of illegal drug/controlled substance use within twenty-four hours of delivery of request. Direct member of the service to report to the Medical Division for voluntary drug screening test. The restrictive nature of this procedure should result in a limited number of drug screening tests; however, the existence of this procedure will contribute to the goal of a drug free Department. This procedure is not available to members of the service who have been notified to report for drug screening pursuant to the Department’s random drug screening procedures. RELATED PROCEDURES Administration Of Drug Screening Tests For Cause (P.G. 205-30) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-36 EMPLOYMENT DISCRIMINATION DATE ISSUED: 11/18/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 11/18/13 1 of 10 PURPOSE To process and resolve all employee complaints of discrimination including gender discrimination, sexual harassment and related retaliation against those who make a complaint of discrimination, including retaliation, or those who cooperate in such an investigation. SCOPE Applicants and members of the service who have a complaint of discrimination, including retaliation, or have any questions regarding these issues, are urged to contact the Office of Equal Employment Opportunity. It is the goal of this Department that the effective use of this procedure will result in an equitable resolution of the complaint and prevent any discriminatory practice from harming other employees. Managers and supervisors are directed to make all employment decisions in accordance with the Department’s equal employment opportunity policy. Any supervisor or Equal Employment Opportunity Liaison who becomes aware of any discrimination/retaliation complaint or problem MUST report the complaint or problem to the Office of Equal Employment Opportunity, which will determine the merits of the complaint or problem. Federal, State and/or City laws and the Department Manual, prohibit discrimination based on actual or perceived status of a person’s race, color, national origin, alienage or citizenship status, religion or creed, gender (including gender identity), disability, age (18 and over), military status, unemployment status, prior record of arrest or conviction (under some circumstances), marital status, partnership status, predisposing genetic characteristic, sexual orientation, or status as a victim or witness of domestic violence, sexual offenses and stalking and as follows: a. Discriminatory treatment regarding any term, condition or privilege of employment including hiring, assignments, working conditions, salary and benefits, evaluations, promotions, training, transfers, discipline, and termination. b. Sexual harassment of employee(s) by another employee(s). c. Policy that has a disproportionate impact on a group specifically protected by law, unless the policy is justified by business necessity. d. Failure to make a reasonable accommodation (if possible, without undue hardship to the employer) for an employee with a disability, or for an employee’s religious observance. e. Discriminatory harassment, intimidation, ridicule, insults, including, but not limited to, using discourteous, disparaging or disrespectful remarks. f. Retaliation and/or harassment against an employee for filing a discrimination complaint or for cooperating in the investigation of a complaint. All forms of discrimination, including retaliation, are prohibited both in the actual workplace and in any location that can be reasonably regarded as an extension of the workplace, such as an off-site Department sanctioned social function. A member of the service should file a complaint with the Office of Equal Employment Opportunity at the earliest opportunity, if the employee believes that a manager, supervisor or any other employee has engaged in any of the conduct described above. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-36 DATE EFFECTIVE: REVISION NUMBER: PAGE: 11/18/13 2 of 10 NOTE OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT OF EMPLOYMENT DISCRIMINATION (PD413-150) forms must be readily available at all New York City Police Department facilities. Additionally, this form is available for viewing and printing via the New York City Police Department’s Intranet for those individuals who have access to the Department’s Local Area Network (LAN). DEFINITIONS EMPLOYMENT DISCRIMINATION – disparate treatment of employees regarding any terms, conditions or privileges of employment including hiring, assignments, working conditions, salary and benefits, evaluations, promotions, training, transfers, discipline and termination, based on actual or perceived status of a person’s race, color, national origin, alienage or citizenship status, religion or creed, gender (including gender identity), disability, age (18 and over), military status, unemployment status, prior record of arrest or conviction (under some circumstances), marital status, partnership status, predisposing genetic characteristic, sexual orientation, or status as victim or witness of domestic violence, sexual offenses and stalking. Sexual harassment is a form of gender discrimination. NOTE The Department prohibits the display in any form of offensive sexual, ethnic, racial, religious, or other discriminatory material in or while using Department facilities or resources. Forms of display include but are not limited to tattoos, graffiti drawn on Department property (e.g. lockers, vehicles, in toilet facilities, ACTIVITY LOGS [PD112145], Notice of Parking Violations, summonses, or any other Department forms, etc.), poster, (e.g. centerfolds of magazines, etc.), audio recording or broadcast, or an adult movie/program or other offensive material, shown through the use of a video cassette or DVD or received through an adult channel from a cable or satellite company, or through a derogatory e-mail communication, or voice mail communications, or through any electronic or other device. Refer to P.G. 205-37, “Sexual, Ethnic, Racial, Religious, or Other Discriminatory Slurs Through Display of Offensive Material,” for guidelines on handling incidents involving the display of offensive material. SEXUAL HARASSMENT - unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or c. Such conduct has the effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. NOTE Conduct which can, in certain circumstances, be considered sexual harassment includes, but is not limited to, sexually suggestive remarks, pictures, gesturing, verbal harassment or abuse of a sexual nature, subtle or direct propositions for sexual favors, and any unnecessary, or unwanted, touching, patting or pinching. DISABILITY - a physical, medical, mental, or psychological impairment which substantially limits one or more of the major life activities of the individual; a history or record of such impairment; or being regarded as having such an impairment. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-36 REVISION NUMBER: PAGE: 11/18/13 3 of 10 NOTE An applicant or employee who requires an accommodation based on a qualified protected class status shall complete Department form, REQUEST FOR REASONABLE ACCOMMODATION FOR NEW YORK CITY POLICE DEPARTMENT JOB APPLICANTS (PD407-015) or REQUEST FOR REASONABLE ACCOMMODATION FOR NEW YORK CITY POLICE DEPARTMENT EMPLOYEES (PD407-015-A), as appropriate. These forms are readily available at all New York City Police Department facilities and on the NYPD intranet. DEFINITIONS RETALIATION - it is unlawful to retaliate against or harass any person for filing an Equal Employment Opportunity complaint or for cooperating in the investigation of an Equal Employment Opportunity complaint or opposing or reporting any policies, practices, or action which he/she believes to be discriminatory. Any member of the service who engages in such retaliation or harassment will be subject to discipline. (continued) REPORTING REQUIREMENTS I. II. III. IV. Any non-supervisory member of the service who becomes aware of an employment discrimination complaint or problem is strongly encouraged to report the complaint or the problem to the Office of Equal Employment Opportunity (O.E.E.O.), a supervisor at any level, or an E.E.O. Liaison. Any non-supervisory member of the service who (1) becomes aware of a complaint or problem of retaliation for making an E.E.O. complaint or participating in an E.E.O. investigation, or (2) is asked or encouraged to retaliate against a member of the service for making an E.E.O. complaint or participating in an E.E.O. investigation, is strongly encouraged to report that conduct to the O.E.E.O., a supervisor at any level, or an E.E.O. Liaison. Any supervisor or E.E.O. Liaison who observes conduct of a discriminatory nature, becomes aware of an allegation or complaint of discrimination or sexual harassment, or who observes or becomes aware of any act of retaliation regarding E.E.O. matters, must notify the O.E.E.O., via telephone, or in person, by the next business day. Any supervisor, who notifies the O.E.E.O. as per subdivision III above, must submit a report on Typed Letterhead, to the O.E.E.O., within five business days. PROCEDURE When a member of the service (uniformed or civilian) or an applicant for employment believes that discrimination or sexual harassment exists as defined herein, and as more fully explained in the Equal Employment Opportunity Policy Statement (SP 297) and/or Sexual Harassment Policy Statement (SP 281), or that retaliation relating to E.E.O. issues has occurred: MEMBER CONCERNED 1. File a complaint with any of the following: a. Supervisor (uniformed or civilian), b. Supervisory head, c. Commanding officer, d. Office of Equal Employment Opportunity. e. Equal Employment Opportunity Liaison. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-36 NOTE REVISION NUMBER: PAGE: 11/18/13 4 of 10 Trained Equal Employment Opportunity Liaisons have been designated throughout the Department to provide assistance to complainants, witnesses and others regarding any Equal Employment Opportunity matter. A complete list of E.E.O. Liaisons is located in the “Appendix” of the annual E.E.O. Policy Book. Members of the service may telephone the Office of Equal Employment Opportunity anonymously to file a complaint and/or discuss matters regarding discrimination. An Office of Equal Employment Opportunity investigator will be able to provide counseling and take appropriate follow-up action. Members concerned should understand that the cooperation of complainants and witnesses may be needed to rectify or address a problem of discrimination. SUPERVISOR/ SUPERVISORY HEAD/C.O./ E.E.O. LIAISON 2. Immediately upon observing conduct of a discriminatory or retaliatory nature, or becoming aware of an allegation or complaint of discrimination, sexual harassment, or retaliation relating to E.E.O. issues, telephone facts to the O.E.E.O., during business hours, or the next business day, Monday through Friday, 0800 to 1800 hours. (If non-business hours, leave message on voice mail and an O.E.E.O. investigator will contact caller.) a. Obtain O.E.E.O. case number when applicable, and name of the O.E.E.O. investigator. b. Supervisors and E.E.O. Liaisons will be guided by information received from the O.E.E.O. NOTE Any supervisor who becomes aware of any employment discrimination complaint or problem must, as soon as practicable, take such actions as directed by the O.E.E.O. to prevent employment discrimination, including sexual harassment, and related retaliation from occurring in the future. Such actions may include, but not be limited to, ordering informal counseling for the respondent, ordering instruction on E.E.O. matters for members of the command/unit, advising members of the command/unit that employment discrimination, including sexual harassment, and retaliation are prohibited, and/or advising the respondent that the N.Y.P.D. will not tolerate such behavior and that discipline may result. Any supervisor who fails to take actions as directed by the O.E.E.O. will be subject to discipline. SUPERVISOR/ SUPERVISORY HEAD/C.O. 3. NOTE Any supervisor or E.E.O. Liaison who fails to report an employment discrimination complaint or problem, including retaliation, to the O.E.E.O. as required, and/or within the required time frames and/or who fails to take such actions as directed by the O.E.E.O. to prevent employment discrimination, including sexual harassment and retaliation, from occurring in the future will be subject to disciplinary action. OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY 4. 5. Forward written report, on Typed Letterhead, to the O.E.E.O., within five business days. Notify commanding officer/supervisory head, if/when appropriate. Emphasize to the commanding officer/supervisory head and all others concerned that reprisal or retaliation, against complainants and/or witnesses, is against the law and allegations of retaliation will be investigated and, if substantiated, members will be subject to disciplinary action. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-36 REVISION NUMBER: PAGE: 11/18/13 5 of 10 OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY (continued) 6. NOTE Upon receiving a complaint, the O.E.E.O. will attempt to contact and interview the complainant, and will advise the complainant that he/she may meet with an Office of Equal Employment Opportunity investigator to discuss the complaint at a discreet location of his/her choice to protect his/her confidentiality. Such locations may include the Office of Equal Employment Opportunity or the complainant’s home, before, during or after work hours, at the member’s request. The choice of location will not include the complainant’s command. Additionally, the member will be advised that he/she may be accompanied by a representative of his/her choice. Members of the service must obtain approval from their supervisor before leaving work assignment(s) in order to meet the Office of Equal Employment Opportunity investigator. The member concerned is not required to inform his/her supervisor of the subject matter of the meeting. Supervisors cannot unreasonably deny permission to attend the meeting. Members are reminded that they do not have to notify their supervisors if they meet with O.E.E.O. during nonworking hours. OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY 8. 7. 9. 10. 11. 12. COMMANDING OFFICER/ SUPERVISORY HEAD 13. 14. Record required data in appropriate O.E.E.O. record and assign a case number to all E.E.O. complaints. Forward, to the reporting supervisor and the complainant’s commanding officer/supervisory head, a memorandum advising them as to their immediate responsibilities regarding the complaint or problem. Counsel member filing a complaint about options for handling a complaint or refer member to other personnel for assistance. If it is determined that an investigation is to be conducted, notify respondent, in writing, of the nature of the allegation(s), when necessary. Remind respondent that discrimination, including retaliation, will not be tolerated. In cases where conciliation will take place, complete conciliation process within sixty days of receiving a request for conciliation. After completion of the O.E.E.O. investigation, forward results of the investigation conducted by the O.E.E.O. to Police Commissioner with recommendations for specific corrective action, as appropriate. Notify complaining member, in writing, of the outcome of the investigation, and any corrective/disciplinary action taken. a. Notify respondent about the outcome of the investigation, in writing, when appropriate. Conduct field investigation or counsel complainant and conciliate matter as directed by, and under the guidance of, the Deputy Commissioner, Equal Employment Opportunity. At conclusion of investigation/conciliation, forward written report, on Typed Letterhead, to the O.E.E.O., and include copy of entire file. a. Refer to O.E.E.O. case number. b. Include summary of complaint allegation(s) and subsequent findings. c. Advise what corrective action, if any, should be taken to resolve the complaint. d. Make recommendation(s) to preclude a recurrence. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-36 REVISION NUMBER: PAGE: 11/18/13 6 of 10 COMMANDING OFFICER/ SUPERVISORY HEAD (continued) 15. NOTE Copies of all documents related to O.E.E.O. complaints and investigation must be maintained in the command, consistent with confidentiality requirements discussed below. ADDITIONAL DATA CONFIDENTIALITY Take all reasonable steps necessary to prevent the respondent from engaging in additional employment discrimination, including retaliation, particularly in cases after an O.E.E.O. investigation has substantiated an allegation, in whole or in part. a. Any action taken must be reported to the O.E.E.O. and documented in the complaint file. All Equal Employment Opportunity complaints will be handled under the direction of the Deputy Commissioner, Equal Employment Opportunity, who reports directly to the Police Commissioner. These complaints will be handled in consultation with the Office of the Deputy Commissioner, Legal Matters, where appropriate. The Office of Equal Employment Opportunity, all Department supervisors, managers, and Equal Employment Opportunity Liaisons will treat each complaint CONFIDENTIALLY. This means that information obtained from the complainant will not be discussed with other personnel except as necessary to investigate and resolve the complaint, or other matter, or as required by law. Complainants and witnesses should make every effort to maintain the confidential nature of this process. COUNSELING The complainant will be interviewed to ascertain the details of the complaint, and will be apprised of the options for handling the complaint. These may include: A. Investigation by the Deputy Commissioner, Equal Employment Opportunity B. Investigation by the member’s commanding officer under the guidance and direction of the Deputy Commissioner, Equal Employment Opportunity C. Mediation by a neutral mediation service D. Conciliation by the O.E.E.O. E. Conciliation by the member’s commanding officer under the guidance of the O.E.E.O. F. Further actions the member of the service can take on his/her own behalf G. The member of the service filing a formal complaint with an outside agency H Referral of the member concerned to other personnel for assistance, if it appears that the complaint does not involve an Equal Employment Opportunity problem. MEDIATION In appropriate cases, certain EEO complaints will be referred for mediation at a neutral mediation service. Mediation is an early dispute resolution program designed to help resolve EEO complaints at the earliest stage possible without the need for a formal investigation. The procedure is not adversarial, but is a means of finding a mutually acceptable end to the parties’ differences. This process is voluntary and the parties must mutually agree to the outcome. If the parties cannot agree upon a resolution, the matter will be referred back to the Office of Equal Employment Opportunity for appropriate action. If a resolution is reached after mediation, no notations concerning the matter will be made on the respondent’s Central Personnel Index record. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-36 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 11/18/13 7 of 10 CONCILIATION In appropriate cases, an attempt will be made to resolve the complaint with the goal that the parties will voluntarily agree to a resolution of the matter involved. The conciliation process will be conducted consistent with the guidelines issued by the New York City Department of Citywide Administrative Services. INVESTIGATION An investigation will be conducted by the Office of Equal Employment Opportunity or a person acting under the direction of the Deputy Commissioner, Equal Employment Opportunity, which may include a field commander. The investigation begins after the Deputy Commissioner, Equal Employment Opportunity: (1) receives either an oral or a written complaint of discrimination, and (2) determines that the allegations in the complaint are sufficient to establish a case of unlawful discrimination, including retaliation. After receiving the notice and copy of the complaint, the respondent has the right to respond in writing. The respondent’s right to respond shall remain in effect until the investigation process has ended. Respondents are encouraged to submit their written response as soon as possible after receipt. Respondents shall make every effort to maintain the confidentiality of the EEO process. In order to encourage members of the service to come forward, all communications between complainants and the Office of Equal Employment Opportunity relating to discrimination complaints will be kept confidential consistent with the above statement regarding CONFIDENTIALITY and consistent with guidelines issued by the New York City Department of Citywide Administrative Services. In appropriate cases, the investigation will be conducted in conjunction with the New York City Police Department’s Internal Affairs Bureau. Consultations with other New York City Police Department units during the course of an investigation or other attempt to resolve a complaint of employment discrimination is, as determined by the Deputy Commissioner, Equal Employment Opportunity, consistent with the above statement regarding CONFIDENTIALITY. Any person who is interviewed in the course of an investigation shall have the right to be accompanied by a representative of his/her choice. At the conclusion of an investigation by the O.E.E.O., the Deputy Commissioner, Equal Employment Opportunity will make a confidential written report of the investigation to the Police Commissioner. If the Deputy Commissioner, Equal Employment Opportunity concludes, on the basis of the investigation, that the allegation of discrimination is substantiated, the Deputy Commissioner shall recommend appropriate corrective action. The Police Commissioner will review the report prepared by the Deputy Commissioner, Equal Employment Opportunity and make a final determination regarding the Office of Equal Employment Opportunity investigation and any recommendation for corrective action. Disciplinary action shall be taken in accordance with any applicable provisions of law, rules and regulations, and collective bargaining agreements. Following the endorsement by the Police Commissioner of a recommendation by the Deputy Commissioner, Equal Employment Opportunity that a complaint is substantiated, in whole or in part, the O.E.E.O. will require the commanding officer of the involved command, or other appropriate person, to appear at its office to discuss the final report with the Commanding Officer, O.E.E.O., or his/her designee. The commanding officer or other appropriate person shall take action as may be directed by the O.E.E.O. to address the issues raised therein. The meeting as well as a record of action taken shall be documented in the O.E.E.O. file. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-36 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 11/18/13 8 of 10 Following the endorsement by the Police Commissioner of a recommendation by the Deputy Commissioner, Equal Employment Opportunity, that a complaint of discrimination is “unsubstantiated” (as opposed to “unfounded”), the O.E.E.O. may require a commanding officer of the involved command, or other appropriate person, to appear at its office to discuss the final report with the Commanding Officer, O.E.E.O., or his/her designee. The commanding officer or other appropriate person shall take action as may be directed by the O.E.E.O. to address the issues raised therein. The meeting, as well as a record of action taken, shall be documented in the O.E.E.O. file. If the Deputy Commissioner, Equal Employment Opportunity concludes, as a result of either an O.E.E.O. or field investigation, that an act of employment discrimination or retaliation has occurred but cannot identify the person(s) responsible, the O.E.E.O. may require the commanding officer/unit head of the command/unit of occurrence, or other appropriate person, to appear at the O.E.E.O. to discuss the final report with the Commanding Officer, O.E.E.O., or his/her designee. The commanding officer or other appropriate person shall take action as may be directed by the O.E.E.O. to address the issues raised therein. The meeting as well as a record of action taken shall be documented in the O.E.E.O. file. At the discretion of the Deputy Commissioner, Equal Employment Opportunity, portions of the report may be redacted prior to any such meeting. When charges and specifications are pending against a member of the service, an allegation of discriminatory treatment raised as a defense to the charges by the respondent member of the service shall vest in the exclusive jurisdiction of the Deputy Commissioner, Trials until the charges and specifications have been resolved. After the charges and specifications have been resolved, jurisdiction over the allegation of discrimination shall be assumed by the Deputy Commissioner, Equal Employment Opportunity. In all other disciplinary matters, any allegation of discrimination raised by the respondent member of the service must be filed with the Office of Equal Employment Opportunity. ADDITIONAL PLACES WHERE A COMPLAINT OF DISCRIMINATION MAY BE MADE Any member of the service (uniformed or civilian) or applicant for employment who believes that he/she has experienced discrimination has a right to file a formal complaint with the federal, state or local agencies listed below. A person does not give up this right when he/she files a complaint with the Police Department’s Office of Equal Employment Opportunity. The following local, state and federal agencies enforce laws against discrimination: NEW YORK CITY COMMISSION ON HUMAN RIGHTS 40 Rector Street, 9th Floor New York, New York 10006 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-36 REVISION NUMBER: PAGE: 11/18/13 ADDITIONAL DATA (continued) 9 of 10 NEW YORK STATE DIVISION OF HUMAN RIGHTS Headquarters One Fordham Plaza, 4th Floor Bronx, New York 10458 OR 20 Exchange Place, 2nd Floor New York, New York 10005 OR 163 West 125th Street, 4th Floor New York, New York 10027 OR 55 Hanson Place, Room 304 Brooklyn, New York 11217 UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall Street, 5th Floor New York, New York 10004 TIME PERIODS FOR THE TIMELY FILING OF COMPLAINTS OF DISCRIMINATION, INCLUDING RETALIATION, (MEASURED FROM THE DATE OF OCCURRENCE OF A DISCRIMINATORY ACTION): a. New York City Police Department - one year. The one year time period for filing complaints of discrimination, including retaliation, with the New York City Police Department shall not serve as a limitation upon the Department’s authority to discipline members of the service as otherwise authorized pursuant to applicable law. b. c. d. RELATED PROCEDURES New York City Commission on Human Rights - one year (New York City Administrative Code, Title 8, Chapter 1). New York State Division of Human Rights - one year (New York Executive Law, Article 15, section 297) (may not file if civil action filed first). United States Equal Employment Opportunity Commission - one hundred and eighty days except that in some instances where there has been a prior filing with either (b) or (c) above, the time period may be extended. A member of the service is advised to contact the United States Equal Employment Opportunity Commission directly for guidance on this issue (42 USC, section 2000e-5[e][i]). Operations Coordinator (P.G. 202-11) Desk Officer (P.G. 202-14) Sexual, Ethnic, Racial, Religious, or Other Discriminatory Slurs Through Display of Offensive Material (P.G. 205-37) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-36 FORMS AND REPORTS DATE EFFECTIVE: 11/18/13 REVISION NUMBER: PAGE: 10 of 10 ACTIVITY LOG (PD112-145) REQUEST FOR REASONABLE ACCOMMODATION FOR NEW YORK CITY POLICE DEPARTMENT JOB APPLICANTS (PD407-015) REQUEST FOR REASONABLE ACCOMMODATION FOR NEW YORK CITY POLICE DEPARTMENT EMPLOYEES (PD407-015-A) OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT OF EMPLOYMENT DISCRIMINATION (PD413-150) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-37 SEXUAL, ETHNIC, RACIAL, RELIGIOUS, OR OTHER DISCRIMINATION SLURS THROUGH DISPLAY OF OFFENSIVE MATERIAL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To eliminate the display of offensive sexual, ethnic, racial, religious, or other discriminatory material throughout the Department. SCOPE It is the goal of the Department to ensure, to the extent possible, a discrimination free work environment. In furtherance of this goal, the Department prohibits the display of offensive sexual, ethnic, racial, religious, or other discriminatory material. One form of job discrimination, which may create a hostile work environment, is the display of sexually explicit material in the workplace. Other forms of a hostile work environment can occur through the display of offensive ethnic, racial, religious, or other discriminatory materials or graffiti, whether they deface Department property or not. Such displays might be in the form of, but are not limited to tattoos, graffiti drawn on Department property (e.g., lockers, vehicles, in toilet facilities, ACTIVITY LOGS [PD112-145], Notice of Parking Violations, summonses, or any other Department forms, etc.), poster, (e.g. centerfolds of magazines, etc.), or an adult movie/program or other offensive material, shown through the use of a video cassette or DVD or received through an adult channel from a cable or satellite company, or an audio recording or broadcast, or an e-mail communication, or through any electronic or other device. No form of defacement of Department property or display of offensive materials or sexually explicit television programs or videotapes, or derogatory e-mail communications, or voice mail communications, in or using Department facilities or resources, is acceptable. Commanding officers and unit heads shall keep their work sites free from such displays etc. PROCEDURE When a display of offensive material is detected: MEMBER CONCERNED 1. NOTE As indicated, members of the service have the option of filing a complaint with Equal Employment Opportunity Liaisons. Trained Equal Employment Opportunity Liaisons have been designated throughout the Department to provide assistance to complainants, witnesses and others regarding any Equal Employment Opportunity matter. A complete list of Equal Employment Opportunity Liaisons is located in the “Appendix” of the annual Equal Employment Opportunity Policy Book. Any non-supervisory member of the service (uniformed or civilian) who becomes aware of the display of offensive material is strongly encouraged to report it to one or more of the following: a. Supervisor (uniformed or civilian) b. Supervisory head c. Commanding officer d. Equal Employment Opportunity Liaison e. Office of Equal Employment Opportunity (O.E.E.O.). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-37 REVISION NUMBER: PAGE: 08/01/13 2 of 3 A SUPERVISOR WHO BECOMES AWARE OF THE DISPLAY OF OFFENSIVE MATERIAL WILL AS SOON AS POSSIBLE: SUPERVISORY MEMBER 2. 3. 4. 5. 6. 7. Notify O.E.E.O. and obtain case number. Notify commanding officer/unit head. Take possession of, or photograph, the offensive material, under the direction of the O.E.E.O., prior to correcting the condition. Voucher offensive material concerned as investigatory evidence. Make Command Log entry of details. Forward report, on Typed Letterhead, to the O.E.E.O., within five business days. 8. Ensure that the commanding officer/unit head is notified of the display of offensive material. COMMANDING 9. OFFICER/ UNIT HEAD Inform/advise members of command, as appropriate, upon receiving a complaint of a display of offensive material, or having witnessed such display that: a. A display of offensive material has occurred and that such display violates Department policy; b. This behavior will not be tolerated and is subject to disciplinary action. Confer with O.E.E.O. and determine appropriate follow-up/investigatory action. Notify O.E.E.O., promptly by telephone, of results of any investigation. Forward results of investigation on Typed Letterhead to the Office of Equal Employment Opportunity. O.E.E.O. 10. 11. 12. ADDITIONAL DATA It will be incumbent upon all supervisors, and in particular the operations coordinator and the desk officer, when they make their daily inspections as provided for in P.G. 202-11, “Operations Coordinator” and P.G. 202-14, “Desk Officer”, to ensure that no form of offensive material is displayed. Also, all Department vehicles will be inspected by the operator, prior to use, to ensure that there is no graffiti or any other form of offensive sexual, ethnic, racial, religious, or other discriminatory material displayed. Should any such material be found in a Department vehicle, the procedures detailed above will be followed. After business hours and on weekends, O.E.E.O. receives messages via office voice mail and will make return phone calls on the next business day. In addition to reporting the observation to O.E.E.O, corrective action may take the form of removing the offensive material if it is a magazine or poster, etc., or having a WORK ORDER (PD176-161) prepared and forwarded, if necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-37 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 In addition, the following rules regarding audio recordings and broadcasts, cable television services or the use of video cassette recorders (VCR's) and tapes in Department facilities will be adhered to: a. Sexually explicit audio broadcasts, television programs or videotapes shall not be listened to, shown or viewed in Department facilities, unless necessary as part of a documented, on-going, official investigation. b. Premium channels, which provide sexually explicit material, will not be permitted to be received on any cable box at a Department facility. c. Commanding officers/unit heads will contact cable television companies and have them "block out" any stations received on the basic package which routinely show sexually explicit programming, if possible. Commanding officers/unit heads must stress to their subordinates that these forms of behavior will not be tolerated. RELATED PROCEDURES Operations Coordinator (P.G. 202-11) Desk Officer (P.G. 202-14) Employment Discrimination (P.G. 205-36) FORMS AND REPORTS Typed Letterhead ACTIVITY LOG (PD112-145) WORK ORDER (PD176-161) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-38 INVESTIGATION OF INCIDENTS OF RETALIATION AGAINST MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To provide guidelines in accordance with the provisions of the Whistleblowers Law for the investigation of allegations of retaliation made by members of the service who have voluntarily reported misconduct or corruption. DEFINITION WHISTLEBLOWERS LAW - An Administrative Code provision which encourages City employees to report improper conduct, i.e., corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority, within their respective agencies. This law protects City employees who report such wrongdoing from any form of retaliation, i.e., dismissal, demotion, suspension, disciplinary action, negative performance evaluation, any action resulting in loss of staff, office space or equipment or other benefit, failure to appoint, failure to promote, or any transfer or assignment or failure to transfer or assign against the wishes of the affected employee. SCOPE The Department has the responsibility to encourage members to come forward and voluntarily provide information regarding misconduct and corruption. Inherent in this responsibility is the ability to protect those members from retaliation. IT IS THE POLICY OF THIS DEPARTMENT THAT RETALIATION AGAINST ANY MEMBER OF THE SERVICE FOR VOLUNTARILY PROVIDING INFORMATION REGARDING MISCONDUCT AND CORRUPTION WILL NOT BE TOLERATED. PROCEDURE When a member of the service believes he/she is the victim of retaliation for voluntarily providing information regarding misconduct or corruption. MEMBER OF THE SERVICE 1. NOTE A member of the service may elect to report that he or she has been the victim of retaliation as outlined in this procedure directly to the Employee Relations Section. If such a complaint is received at the Employee Relations Section, or any unit other than the Internal Affairs Bureau (whether from the member directly or from an outside agency/organization) the unit receiving the complaint MUST notify the Internal Affairs Bureau and forward all pertinent information directly to the Internal Affairs Bureau for appropriate action. Any member of the service who is made aware of an allegation of retaliation for reporting wrongdoing shall make reasonable efforts to protect the anonymity and confidentiality of the employee making the allegation. MEMBER CONCERNED, IAB COMMAND CENTER 2. 3. Notify Internal Affairs Bureau Command Center at (212) 741-8401. Record pertinent information and assign a log number. Have an immediate preliminary investigation conducted to obtain all available facts and evidence. a. Indicate results in log. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-38 REVISION NUMBER: PAGE: 08/01/13 2 of 3 NOTE Members of the service should comply with the provisions of P.G. 205-36, “Employment Discrimination,” to lodge a complaint of retaliation regarding an equal employment opportunity issue. Allegations of retaliation involving equal employment opportunity issues (employment discrimination, sexual harassment, etc.) MUST be referred to the Office of Equal Employment Opportunity for investigation. CHIEF OF INTERNAL AFFAIRS 4. NOTE Only the Internal Affairs Bureau or Office of Equal Employment Opportunity are authorized to conduct investigations involving allegations of retaliation against any member of the service for voluntarily having provided information regarding misconduct or corruption. Allegations which do not violate the Whistleblowers Law will be referred to the appropriate investigative unit concerned for additional action. 5. 6. Evaluate each complaint to determine whether the case may fall within the purview of the Whistleblowers Law. Refer cases requiring further investigation concerning violations of the Whistleblowers Law to either the Internal Affairs Bureau or Office of Equal Employment Opportunity, as applicable. Forward notification to the Employee Relations Section of allegations of violations of the Whistleblower Law. Notification will NOT be made for allegations that have been referred to OEEO. NOTE In certain instances, to maintain the confidentiality of an associated investigation, notification to the Employee Relations Section will not be made until such time as the Internal Affairs Bureau deems it appropriate. EMPLOYEE RELATIONS SECTION 7. Contact complainant upon receipt of notification and offer the services of the appropriate Department employee assistance program. IAB INVESTIGATIVE GROUP 8. Forward report through channels upon completion of investigation. NOTE Due to the need to maintain the confidentiality of investigations to the extent possible, OEEO will not be required to forward reports of employment discrimination retaliation. These reports will remain on file at OEEO until such time that disclosure thereof is necessary. CHIEF OF INTERNAL AFFAIRS 9. Forward report and recommendations to the Police Commissioner. POLICE COMMISSIONER 10. Review report and direct necessary action. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-38 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 Members of the service are reminded that the Department has several employee assistance units available to provide help in addressing a personal or professional problem. To obtain additional information regarding the types of services provided by these units, members can refer to the Department publication entitled EMPLOYEE ASSISTANCE PROGRAMS AND RESOURCE BOOKLET (BM497). Members of the service who voluntarily provide information or assistance in internal/external investigations should be acknowledged for their high acts of integrity. In order to acknowledge such members, while maintaining the confidentiality of their actions, a sub-committee of the Integrity Review Board is established. This special subcommittee shall consist of the First Deputy Commissioner, Chief of Personnel, and the Chief of Internal Affairs (principals only, no representatives). It will be the responsibility of the sub-committee to review the actions of those members of the service who have voluntarily come forward and provided information, and recommend appropriate acknowledgement to the Police Commissioner. RELATED PROCEDURES Employment Discrimination (P.G. 205-36) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-39 DEPARTMENTAL RECOGNITION DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 10 PURPOSE To process requests for Departmental recognition. PROCEDURE Whenever a uniformed or civilian member of the service performs an act worthy of departmental recognition and is recommended by a supervisor, a co-worker or a member of the community: NOTE Members of the service involved in undercover or confidential operations will be guided by the direction of their Bureau Chief/Counterpart when submitting requests for departmental recognition. MEMBER’S IMMEDIATE SUPERVISOR (REGARDLESS OF COMMAND) 1. 2. Prepare DEPARTMENTAL RECOGNITION REQUEST (PD439-162). a. All requests for departmental recognition, with the exception of those requests involving members assigned to the Housing Bureau, Detective Bureau (not including precinct detective squads), Organized Crime Control Bureau, Transit Bureau, Special Operations Division, and Chief of Transportation, will be processed through patrol precincts. b. Commands which report to the Housing Bureau, Detective Bureau (not including precinct detective squads), Organized Crime Control Bureau, Transit Bureau Special Operations Division, and Chief of Transportation will process all requests for departmental recognition involving assigned members in a similar manner as requests processed through patrol precincts. (See “Additional Data” regarding the chain of command to be utilized by bureaus/divisions exempt from processing requests through patrol precincts. c. Requests involving members assigned to precinct detective squads will be processed through patrol precincts. d. If two or more precincts within the same borough are involved in the same incident, the patrol borough commander will designate which Precinct Recognition Committee will conduct the investigation and prepare the appropriate documentation. If two or more precincts are involved, and the precincts are in different boroughs, the Honor Committee will make the designation, except for cases involving integrity. In those instances, the Integrity Review Board will make the designation. e. Acts worthy of departmental recognition which involve members from multiple bureau/division commands will be processed through patrol precincts. Prepare separate DEPARTMENTAL RECOGNITION REQUEST for each member of the service involved. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-39 REVISION NUMBER: PAGE: 08/19/13 2 of 10 Departmental Recognition Committees, composed of five uniformed members of the service: two ranking officers (one of whom will be designated chairperson) and three nonsupervisory officers (which may include a member of the precinct detective squad), will be established by each precinct and patrol borough command. Similarly, commands which report to the Housing Bureau, Detective Bureau (not including precinct detective squads), Organized Crime Control Bureau, Transit Bureau, Special Operations Division, and Chief of Transportation will also establish Departmental Recognition Committees utilizing the same group composition. Bureau Recognition Committees will be established in each bureau command for these more complex or unusual cases. NOTE Request for departmental recognition should be limited to those members who are directly involved with the arrest/incident (i.e. arresting officer and partner). If the incident involved personal risk, danger or unusual accomplishment, each member requesting recognition must explain their direct involvement in the incident. Furthermore, supervisors of units must explain how their actions exceeded normal supervisory or administrative duties in order to be considered for recognition. The highest ranking officer who is responsible for indicating approval/disapproval of REQUEST MUST be in a rank of one level higher than any of the recipients of the medal and MUST not be one of the recipients of the requesting medal. Each additional endorsement (when applicable) MUST be approved/disapproved by the next higher rank based on the previous endorsement. MEMBER’S IMMEDIATE SUPERVISOR 3. Deliver completed forms to Operations Coordinator, precinct of occurrence or command counterpart. PRECINCT OPERATIONS COORDINATOR/ COUNTERPART 4. Assign precinct/command serial number to all REQUESTS. a. If more than one member of the service is involved in the same incident, the same precinct/command serial number will be used. Assign REQUEST to ranking officer for investigation. RANKING OFFICER 6. 5. 7. 8. Conduct investigation including: a. Checking Department records. b. Interviewing members involved, including patrol supervisor or other supervisory personnel, when appropriate. c. Interviewing witnesses (in person or by telephone). d. Obtaining signed statements from witnesses, when possible. e. Reducing oral statements to writing and signing, when applicable. f. Attaching statements to REQUEST. g. Attaching all Department forms/records prepared in connection with the incident to REQUEST. Enter results of investigation under “REMARKS” caption of DEPARTMENTAL RECOGNITION REQUEST. a. Use statements of fact. (1) Do not use descriptive embellishment of the facts. Deliver completed forms to Precinct/Command Recognition Committee. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-39 PRECINCT/ COMMAND RECOGNITION COMMITTEE REVISION NUMBER: PAGE: 08/19/13 9. 10. 3 of 10 Conduct a review of the investigation and make initial recommendation to commanding officer. a. Precinct/Command Recognition Committee may refer the REQUEST, through the commanding officer, to a Bureau Recognition Committee, if the REQUEST involves aspects which require particular expertise in evaluating the merits of the REQUEST. It is expected that most REQUESTS will be processed by the Precinct/Command Recognition Committee. Only highly unusual or complex cases should be referred to a Bureau Recognition Committee. Enter a concise statement of findings under “FIRST ENDORSEMENT” on reverse side of REQUEST. a. If supervisory officer is included, indicate how actions of supervisor exceeded normal supervisory or administrative duties. b. Standard abbreviations may be used. c. Use statement of fact ONLY. All information entered on the DEPARTMENTAL RECOGNITION REQUEST is considered “Rosario” material and should be a factual statement of the member of service’s role in a particular matter. There should be no descriptive embellishment of the facts. In addition, all written statements taken from witnesses should be considered “Rosario” material. Since the defense attorney in a criminal case has the right to examine a witness’s prior statement, if a witness testifies, the appropriate District Attorney’s office should be advised of the existence of requests for departmental recognition as well as other witness statements in a pending case. Every request must include the legal name of each member of service; any initials, nicknames, etc. of a member of the service are not permitted on the DEPARTMENTAL RECOGNITION REQUEST. NOTE 11. Forward REQUEST to commanding officer, precinct of occurrence or command counterpart. PRECINCT/ COMMANDING OFFICER/ COUNTERPART 12. Review all REQUESTS. a. If concurring with recommendations of Precinct/Command Recognition Committee, follow steps below, as appropriate. b. Forward REQUESTS which require particular expertise in evaluating the merits of the REQUEST to the appropriate Bureau Recognition Committee. c. If disapproving REQUEST, indicate the same under SECOND ENDORSEMENT. NOTE When a REQUEST is forwarded to a bureau chief/counterpart for evaluation based on expertise, the bureau chief/counterpart will make the final determination on Excellent Police Duty, Meritorious Police Duty and Commendations, except in cases where integrity forms the basis of the request. Integrity requests, forwarded to a bureau chief/counterpart for expert evaluation, will be processed in accordance with steps 20 and 21 below. In cases where Exceptional Merit or Honorable Mention will be recommended, bureau chiefs will comply with steps 23, 24, and 25, below. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-39 REVISION NUMBER: PAGE: 08/19/13 4 of 10 IF REQUEST IS FOR EXCELLENT POLICE DUTY OR MERITORIOUS POLICE DUTY PRECINCT COMMANDING OFFICER/ COUNTERPART 13. 14. 15. Make a determination on REQUEST for Excellent Police Duty or Meritorious Police Duty. Indicate approval or disapproval of REQUEST and complete “SECOND ENDORSEMENT” for Excellent Police Duty and “THIRD ENDORSEMENT” for Meritorious Police Duty on reverse side of form. Forward original (white) copy of REQUEST to Employee Management Division (attention: Honor Committee) and distribute the remaining copies as indicated on form. Precinct commanding officers/command counterparts may recommend either a Meritorious Police Duty or a Commendation for acts of integrity. Regardless of the level of award recommended, ALL requests for Departmental recognition, which are based on acts of integrity, must be forwarded to the appropriate Borough Recognition Committee, or similar Recognition Committee established in bureaus/divisions whose commands are exempt from processing requests through patrol precincts. These requests must be endorsed by the concerned borough commander/counterpart, and submitted to the Integrity Review Board for final determination. NOTE IF RECOMMENDATION IS FOR ANY COMMENDATION, EXCEPTIONAL MERIT OR HONORABLE MENTION PRECINCT COMMANDING OFFICER/ COUNTERPART 16. Review and forward REQUESTS, with recommendations, to Borough Recognition Committee or similar Recognition Committee in bureaus/divisions whose commands are exempt from processing requests through patrol precincts. BOROUGH RECOGNITION COMMITTEE/ COUNTERPART COMMITTEE 17. Conduct review. a. Highest-ranking member present will act as Chairperson of the Borough Recognition Committee/counterpart committee. Review REQUEST and indicate recommendation under FOURTH ENDORSEMENT. Forward REQUEST to borough commander, bureau chief or division counterpart, as appropriate. 18. 19. IF REQUEST IS FOR COMMENDATION/CIVILIAN COMMENDATION BOROUGH COMMANDER/ COUNTERPART 20. 21. Make determination on REQUEST for Commendation. Indicate approval/disapproval and complete FIFTH ENDORSEMENT on reverse side of form. a. When appropriate, approve REQUESTS for Commendation, except those which involve acts of integrity. In these cases, the borough commander, bureau chief or division counterpart will forward endorsed REQUESTS, with a synopsis of proceedings, to the Integrity Review Board. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-39 BOROUGH COMMANDER/ COUNTERPART REVISION NUMBER: PAGE: 08/19/13 22. (continued) 5 of 10 Forward original (white) copy of all REQUESTS, not involving integrity, to the Employee Management Division (attention: Honor Committee) and distribute the remaining copies as indicated on form. IF REQUEST IS FOR EXCEPTIONAL MERIT OR HONORABLE MENTION BOROUGH COMMANDER/ COUNTERPART 23. 24. 25. Review REQUEST. Indicate recommendations under FIFTH ENDORSEMENT. Forward REQUEST and synopsis of proceedings on Typed Letterhead to the Honor Committee. NOTE All approved DEPARTMENTAL RECOGNITION REQUESTS being forwarded to the Honor Committee or Integrity Review Board will be accompanied by a Typed Letterhead, in duplicate. The duplicate copy will be returned to the forwarding command and filed as a receipt. If a discharge of a firearm by the member of the service is the basis for the REQUEST, the Borough/Bureau/Counterpart Recognition Committee will ensure that all appropriate forms including the FIREARMS DISCHARGE/ASSAULT REPORT (PD424-151), UNUSUAL OCCURRENCE REPORTS (PD370-152) (including the preliminary UNUSUAL OCCURRENCE REPORT endorsed from the designated Borough Chief to the Chief of Department, and the UNUSUAL OCCURRENCE REPORT on the FINDINGS AND RECOMMENDATIONS by the designated Borough), Crime Scene Unit sketches, etc., and the final determination of the Firearms Discharge Review Board by the Chief of Department are attached to the REQUEST and forwarded to the Honor Committee for consideration. If a valid evaluation cannot be determined based on the REQUEST and attached forms / reports, the Borough/Bureau/Counterpart Recognition Committee will conduct a hearing, and prepare a written report of the incident. IF RECOMMENDATION IS FOR PURPLE SHIELD MEDAL OR POLICE MEMORIAL AWARD PRECINCT COMMANDING OFFICER/ COUNTERPART 26. NEXT HIGHER COMMAND 28. 27. Prepare REQUEST. a. Include any required attachments. Forward all papers to next higher command for endorsement. Forward endorsed REQUESTS to the Honor Committee (DIRECT) for evaluation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-39 REVISION NUMBER: PAGE: 08/19/13 6 of 10 IF MEMBER WISHES TO APPEAL REQUESTING MEMBER 29. Prepare two copies of appeal on Typed Letterhead, addressed to Borough/Bureau/Counterpart Recognition Committee for Excellent Police Duty/Meritorious Police Duty OR to the Police Commissioner for Meritorious Police Duty (Integrity), Commendation, Exceptional Merit or Honorable Mention, within ten days of publication of award including: a. Facts of request b. Reasons for appeal c. Personnel Order number and date (if applicable). NOTE An appeal MAY NOT be lodged until AFTER the award is published in Personnel Orders. Decisions of the Police Commissioner concerning appeals of awards reduced or disapproved are final. When practical, final determination of an award will be made within sixty days of submission of a DEPARTMENTAL RECOGNITION REQUEST. ADDITIONAL DATA The chain of command that will be utilized for processing requests for Departmental recognition in bureaus/divisions not processing requests through patrol precincts is as follows: Housing Bureau PSA commands will establish Recognition Committees. PSA commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Housing borough commands will establish Recognition Committees. Housing borough commanders will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate. Detective Bureau Detective borough commands will establish Recognition Committees. (Precinct detective squads will process requests through patrol precincts.) Detective borough commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Office of the Chief of Detectives will establish a Recognition Committee. Chief of Detectives will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate. Organized Crime Control Bureau Narcotics borough commands (other than Narcotics Division) will establish Recognition Committees. Narcotics borough commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Office of the Chief of Organized Crime Control will establish a Recognition Committee. Chief of Organized Crime Control will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-39 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 7 of 10 Transit Bureau District commands will establish Recognition Committees. District commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Transit borough commands will establish Recognition Committees. Transit borough commanders will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate Special Operations Division Special Operations Division commands will establish Recognition Committees. Special Operations Division commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Commanding Officer, Special Operations Division will establish a Recognition Committee. Commanding Officer, Special Operations Division will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate. Chief of Transportation Chief of Transportation commands will establish Recognition Committees. Chief of Transportation commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Commanding Officer, Chief of Transportation will establish a Recognition Committee. Commanding Officer, Chief of Transportation will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate. The function and composition of the Honor Committee is as follows: Review requests for awards above the grade of Commendation and make recommendations to the Police Commissioner. The Honor Committee is composed of: First Deputy Commissioner (Chairperson) Chief of Community Affairs Chief of Department Chief of Patrol Chief of Detectives Chief of Organized Crime Control Chief of Personnel Chief of Housing Chief of Transit The function and composition of the Integrity Review Board are as follows: Review requests for Integrity Awards in the grade of Meritorious Police Duty and Commendation and make recommendations to the Police Commissioner. Review and evaluate activities indicating commitment to integrity. The Integrity Review Board is composed of: Chief of Department (Chairperson) Chief of Patrol Chief of Detectives Chief of Personnel Chief of Internal Affairs Chief of Organized Crime Control NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-39 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 8 of 10 Chief of Housing Chief of Transit Uniformed member of the service in the rank of police officer, as selected by the Employee Relations Section, on an ad-hoc basis. Individual members of the service may be awarded Departmental recognition in the following grades: DEPARTMENT MEDAL OF HONOR Awarded annually to a member who intelligently and in line of police duty distinguished himself/herself by the performance of an act of gallantry and valor at imminent personal hazard to life with knowledge of the risk, above and beyond the call of duty. POLICE COMBAT CROSS MEDAL Awarded for the successful performance of an act of extraordinary heroism while engaged in personal combat with an armed adversary at imminent personal hazard to life in the intelligent performance of duty. MEDAL FOR VALOR Awarded for an act of outstanding personal bravery intelligently performed in line of duty at imminent personal hazard to life under circumstances evincing a disregard of personal consequences. PURPLE SHIELD MEDAL Awarded to members of the service, or their next of kin in the event of a line of duty death, who have suffered extremely serious physical injury or death, permanent disfigurement, protracted or permanent impairment of health, or of any bodily function while performing an official act either while on or off-duty. HONORABLE MENTION Awarded for an act of extraordinary bravery intelligently performed in the line of duty at imminent and personal danger to life. The Honor Committee will review all Honorable Mention awards granted during the previous year and may select uniformed members of the service as recipients of the aforementioned medals. EXCEPTIONAL MERIT Awarded for an act of bravery intelligently performed involving personal risk to life. COMMENDATION Awarded for an act involving: a. Grave personal danger in the intelligent performance of duty, OR b. A highly creditable unusual police accomplishment. COMMENDATION - INTEGRITY Awarded for an act which demonstrates an extraordinary commitment to integrity. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-39 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 9 of 10 COMMENDATION - COMMUNITY SERVICE Awarded to uniformed members of the service for: a. Initiative contributing to the substantial improvement in Community Policing/Community Quality of Life, OR b. Performance which substantially improves the quality of life in neighborhoods or communities through creative problem-solving ideas, techniques or skills, OR c. Performance and consistent progress in implementing meaningful, significant improvements in rendering or securing community service or fostering policecommunity relations through Community Policing/Problem Solving Programs. CIVILIAN COMMENDATION Awarded to civilian members of the service for: a. Exceptional work in connection with their assignment b. Excellence in service to the community c. Fostering community relations d. Displaying initiative towards community problem solving programs. MERITORIOUS POLICE DUTY Awarded for: a. An act of intelligent and valuable police service demonstrating special faithfulness or perseverance, OR b. Highly creditable acts of police service over a period of time. MERITORIOUS POLICE DUTY - INTEGRITY Awarded for an act which demonstrates highly creditable integrity. EXCELLENT POLICE DUTY Awarded for: a. An intelligent act materially contributing to a valuable accomplishment, OR b. Submission of a device or method adopted to increase efficiency in an administrative or tactical procedure, OR c. Three arrests in a six month period for operating a vehicle while under the influence of alcohol or drugs. These arrests must be based solely on the member’s observation and unrelated to traffic checkpoints, vehicle collisions, or any enforcement activity specifically aimed at DWI enforcement, OR d. Whenever a uniformed member of the service, not assigned to the Auto Crime Division or a borough Auto Larceny Unit, effects three or more arrests within a twelve month period for larceny of a motor vehicle, OR unauthorized use of a motor vehicle, OR criminal possession of stolen property (stolen vehicle), and the arrests are based on the member’s personal initiative and observations. The awarding of Departmental recognition for three or more arrests as described in sections “c” and “d” above, is not automatic. Commanding officers, when reviewing the requests, will consider the personal initiative, observations and actions of the recommended member that materially contributed to the arrests and/or the detection of the crimes charged. Additionally, the successful resuscitation of an aided using an Automated External Defibrillator (AED) will be considered for Departmental recognition when the aided is hospitalized with a reasonable chance of survival. Commanding officers/counterparts reviewing applications for Departmental recognition for successful use of Automated External Defibrillators will, in all NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-39 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 10 of 10 circumstances, submit such request to the Supervising Chief Surgeon or the Deputy Chief Surgeon for endorsement and recommendation of appropriate Departmental recognition, prior to final approval. ADDITIONAL DATA (continued) The following awards are issued to Department units: UNIT CITATION Unit Citations recognize outstanding performance by an entire unit in developing and implementing Community Policing goals and objectives or other highly creditable accomplishments over a substantial period of time (calendar year). POLICE COMMISSIONER’S PERSONAL LETTER OF CONGRATULATIONS Awarded to units that do not otherwise qualify for a Unit Citation. DISPLAY OF MEDALS A uniformed member of the service may wear the prescribed breast bar at all times while in uniform. However, breast bars or other authorized ribbons are not to be worn when wearing corresponding medals. A member who has been awarded the Department Medal of Honor, Police Combat Cross or Medal for Valor is required to wear the breast bar denoting the particular award in lieu of the Honorable Mention breast bar previously awarded for the same act. RELATED PROCEDURES Boards And Committees (O.G. 101-23) Emblems, Insignia And Breast Bars (P.G. 204-16) Integrity Review Board Recommendation Procedure (P.G. 205-16) Presentation Of Department Recognition Awards (A.G. 305-03) Unit Citation (A.G. 305-04) Achievement Citation (A.G. 320-19) FORMS AND REPORTS DEPARTMENT RECOGNITION REQUEST (PD439-162) FIREARMS/DISCHARGE ASSAULT REPORT (PD424-151) UNUSUAL OCCURRENCE REPORT (PD370-152) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-40 OFF DUTY EMPLOYMENT DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 10 PURPOSE To regulate off duty employment of uniformed members of the service, except that off duty employment performed with the Paid Detail Unit. DEFINITIONS SECURITY FIELD - Includes guard service, payroll driver/cashiers, personal escorts (bodyguards), and employment in check cashing establishments, etc. WATCHGUARD LICENSE - Issued by the New York State Secretary of State, upon a written request obtained from the Office of the Chief of Personnel, licensing a uniformed member of the service to engage in the off duty employment of providing guards in a security related field. After OFF DUTY EMPLOYMENT APPLICATION (PD407-164) has been prepared and approved, uniformed member of the service wishing to apply for a Watchguard License will be directed to report to Employee Management Division and comply with instructions received. NOTE CLASS I FEDERAL FIREARMS LICENSE - Issued by the Department of Treasury, Bureau of Alcohol, Tobacco and Firearms, to persons engaged in the business of selling firearms at wholesale or retail. DEALER IN FIREARMS LICENSE - Issued by local licensing officer to any person, firm, partnership, corporation or company who engages in the business of purchasing, selling, keeping for sale, lending, leasing, or in any manner disposing of, any pistol or revolver. PROCEDURE When a uniformed member of the service wishes to engage in off duty employment, or when any member of the service wishes to engage in the practice of law off duty: APPLICANT 1. 2. Prepare OFF DUTY EMPLOYMENT APPLICATION (PD407-164). a. Enter total number of hours to be worked each week. (1) Do not use terms such as “varies” or “changes.” b. Enter name and address of corporation in space captioned “Outside Employer” if applicant is an officer of a corporation. (1) Do not use term “self employed” if applicant is part or sole owner of corporation. c. Enter administrative, managerial or planning functions to be performed and the function of the corporation in space captioned “Describe specific duties and responsibilities.” d. Enter name of president of corporation if employed by a corporation. Deliver all copies of completed APPLICATION to commanding officer. a. If off duty employment involves dealing in firearms outside the City of New York, also deliver a copy of completed application for a Class I Federal Firearms License. After subsequent issuance by the Bureau of Alcohol, Tobacco and Firearms, provide a copy of the license to the commanding officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-40 REVISION NUMBER: PAGE: 10/16/13 2 of 10 If off duty employment involves dealing in firearms outside the City of New York, also deliver a copy of completed APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (INDIVIDUAL) (PD625-043) or APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (PARTNERSHIP) (PD625-042). After subsequent issuance by the local licensing officer, provide a copy of the license to the commanding officer. APPLICANT (continued) b. COMMANDING 3. OFFICER Interview applicant and determine if conditions of off duty employment are within Department guidelines and guidelines and rulings published by the Board of Ethics. Forward quintuplicate (file) copy of OFF DUTY EMPLOYMENT APPLICATION to borough commander/counterpart for review, if APPLICATION is for employment in security related field. 4. BOROUGH COMMANDER/ COUNTERPART 5. 6. COMMANDING 7. OFFICER 8. NOTE Ascertain that applicant understands “Guidelines/Prohibitions” as outlined in “Additional Data” statement. Confer with applicant’s immediate supervisor. If applicant is on, or being considered for MODIFIED ASSIGNMENT, telephone Office of First Deputy Commissioner to determine whether reason exists for disapproval of APPLICATION and enter results of inquiry on APPLICATION. 9. 10. NOTE Assign patrol borough administrator to conduct thorough investigation of security related application. Return OFF DUTY EMPLOYMENT APPLICATION to member’s commanding officer indicating approval/disapproval. Enter recommendations, sign and forward OFF DUTY EMPLOYMENT APPLICATION as per instructions on form. Advise member whose APPLICATION has been DISAPPROVED that such decision may be appealed. Forward all disapproved or renewal APPLICATIONS and notice of termination or change in employment to the Employee Management Division. 11. 12. 13. 14. Monitor on-duty performance of member engaged in off duty employment. Recommend revocation of permission if outside employment interferes with member’s responsibility to the Department. Advise applicant of possible revocation of permission to engage in off duty employment should member become subject of disciplinary action or classified as “chronic sick.” Reexamine approved OFF DUTY EMPLOYMENT APPLICATION of newly transferred/temporarily assigned member to ensure that current assignment does not result in a conflict of interest or corruption hazard. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-40 PAGE: 10/16/13 15. APPLICANT REVISION NUMBER: 16. 17. 3 of 10 Submit new OFF DUTY EMPLOYMENT APPLICATION to report any change in status of employment, i.e., change of employer, duties, location of employment, etc. Submit renewal application for continuing off duty employment beyond each twelve month period at least ten days prior to expiration of current approved request. Prepare Typed Letterhead requesting review of APPLICATION that has been disapproved and submit to Commanding Officer, Employee Management Division. EMPLOYEE MANAGEMENT DIVISION MEMBER 18. 19. NOTE The existence of a record at the above unit will be cause to disapprove APPLICATION. 20. 21. COMMANDING 22. 23. OFFICER 24. 25. 26. Assign Off Duty Work Number and insert in appropriate space on form. Request record check from Intelligence Bureau regarding: a. Employer b. Individual or premises to be protected, if appropriate. Complete captions under applicable section on APPLICATION; enter recommendations and sign. Distribute copies of APPLICATION as follows: a. ORIGINAL - place in member’s Personal Folder b. DUPLICATE - return to command of origin c. TRIPLICATE - place in Off Duty Employment file maintained by Employee Management Division (1) Security related APPLICATIONS and Watchguard Licenses will be filed under specific categories, i.e., payroll drivers/cashiers, bodyguards, check cashing, etc. d. QUADRUPLICATE - forward to Medical Division. Note approval/disapproval on command file copy of APPLICATION. Return ORIGINAL to member concerned. Advise and instruct member whose APPLICATION has been APPROVED, regarding: a. Guidelines/prohibitions listed in “Additional Data” statement b. Carrying of weapons in other states. (New York City police officer status does not license member to carry weapon in another state; authorization must be obtained from state concerned). Instruct member applying for Watchguard License of “Guidelines for Watchguard License” (see Additional Data statement). a. Direct member to report to Employee Management Division to prepare affidavit and comply with instructions received. Direct Integrity Control Officer to verify that members concerned comply with prohibition against requesting overtime compensation for off duty employment related arrests. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-40 REVISION NUMBER: PAGE: 10/16/13 4 of 10 COMMANDING 27. OFFICER (continued) 28. Indicate on OFF DUTY EMPLOYMENT APPLICATION, after approval and prior to forwarding to Employee Management Division, that a copy of the Class I Federal Firearms License is attached, if applicable. Forward copy of Class I Federal Firearms License, and APPLICATION FOR LICENSE AS A GUNSMITH or DEALER IN FIREARMS (INDIVIDUAL) or APPLICATION FOR LICENSE AS A GUNSMITH or DEALER IN FIREARMS (PARTNERSHIP), and New York State License and APPLICATION FOR LICENSE AS A GUNSMITH or DEALER IN FIREARMS (INDIVIDUAL) or APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (PARTNERSHIP) to Commanding Officer, Firearms and Tactics Section, after recording license numbers on member’s FORCE RECORD (PD406-143). C.O., FIREARMS AND TACTICS SECTION 29. Maintain a file of members who have obtained Class I Federal Firearms Licenses or New York State Dealer in Firearms licenses for dissemination to inquiring ranking members of the service in cases of suspensions, modified assignments, removal of firearms, etc. INTEGRITY CONTROL OFFICER 30. Audit OVERTIME REPORTS (PD138-064) submitted by uniformed members of the service to ensure that requests do not pertain to off duty security employment related arrests and advise commanding officer of findings. ADDITIONAL DATA GUIDELINES: The following guidelines apply to ALL off duty employment: a. Off duty employment MUST BE: (1) Performed outside regular hours of police duties. (2) Approved prior to starting or changing employment, AND for EACH EXTRA job or change of job for the same employer. (3) Approved in writing from the Chief of Patrol, (Commanding Officer, Movie/Television Unit), IF employment involves working as a technical advisor for motion picture or television productions. b. A uniformed member of the service may engage in off duty employment WITHOUT prior approval: (1) During the period of suspension without pay, OR (2) While on continuous vacation and/or terminal leave immediately after filing an application for retirement. During a period of suspension without pay or vacation/terminal leave pending retirement, the member concerned remains officially a member of the service and, as such, may NOT engage in any type of employment or activity which, by existing law, is prohibited to police officers, or which may constitute a conflict of interest or create the appearance thereof (see GENERAL PROHIBITIONS). c. Excessive sick leave or other evidence indicating off duty employment impairs ability to perform assigned police duties is cause for revocation of approval to engage in off duty employment. d. A request for permission to work while off duty may be DISAPPROVED even though it does NOT SPECIFICALLY fall within the “PROHIBITIONS” section or violate the “GUIDELINES” sections contained herein. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-40 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 10/16/13 e. f. g. h. i. j. k. 5 of 10 A member of the service (uniformed or civilian) seeking part time employment in another city agency, or in ANY other governmental jurisdiction or agency MUST prepare “Certification of Compatibility or Dual Employment” (DP1021), in QUADRUPLICATE; ALL FOUR COPIES of the form, which are available at the Employee Management Division, will be forwarded to the Employee Management Division for processing. Uniformed members of the service engaging in or seeking off duty employment are reminded that the law prohibits certain types of employment. Some members while engaging in bona-fide occupations, may unknowingly, in the normal pursuit of their particular off duty occupation, be violating one of these statutes. Section 2604(a)(1) of the New York City Charter prohibits public servants from taking a position in a firm which the public servant knows, or should know, is engaged in business dealings with the City. “Position” is broadly defined and includes an officer, director, manager, employee, trustee, attorney, agent, broker or consultant to the firm. The definition of “firm” includes an individual seeking business on his/her own behalf, and as a sole proprietor. “Business dealings” are defined as any transactions involving the sale, purchase, rental, or disposition of any goods, services, or property; any license, permit, grant or benefit; and any performance of or litigation with respect to any of the above. It is quite possible that a member not completely familiar with these provisions could find himself/herself in violation of the law. For example, if a member has been approved as a vending machine salesperson or dealer, he/she would be violating this statute if he/she were to take a position with a firm or enter into a contractual agreement with any City agency or representative thereof, to place a vending machine in any building or upon property owned or leased by the City of New York or any of its agencies. The Charter prohibits members from engaging in any business, transaction or private employment which is in conflict with the proper discharge of their official duties; using, or attempting to use their position to obtain any financial gain, or other benefit, including employment for themselves or any person “associated” with them (“associated” is defined to include a spouse, domestic partner, child, parent or sibling and a person with whom a member has a business or financial relationship); and disclosing any confidential information which is obtained as a result of a member's official duties or using such confidential information for any financial gain or other benefit. A uniformed member of the service is prohibited from holding any position or engaging in business dealings which involve the manufacture, sale or recommendation of any alcoholic beverage. However, employment is permitted in a premises licensed to sell beer at retail for off-premises consumption (supermarkets and grocery stores). Also see P.G. 203-10, “Public Contact Prohibited Conduct.” A member may not accept any valuable gift from any person or firm which the member knows or should know, has or intends to have business dealings with the city. A “valuable gift” means any gift which has a value of $50.00 or more, whether in the form of money, service, loan, travel, entertainment, hospitality, thing of promise, of any form. Members are also prohibited from working, owning, selling goods or services or obtaining licenses relating to horse racing activities, race horses, tracks or firms either owning or dealing in the racing of horses. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-40 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 10/16/13 l. 6 of 10 Uniformed members of the service may write fiction or non-fiction books and articles on their own time and receive compensation provided that the restrictions contained in P.G. 212-76, “Information Concerning Official Business of Department” are adhered to. OFF DUTY EMPLOYMENT APPLICATION should be submitted in this regard to the extent that members of the service are being paid for their writing. It may also be permissible for members of the service to be employed as technical or background consultants by television and film production companies. The consulting position may relate either to a particular incident (e.g., a homicide, robbery, rescue effort, etc.) or to a specialized field of expertise (e.g., arson, explosives, aviation, etc.). Again, the restrictions contained in P.G. 212-77 “Release Of Information To News Media” and 212-76 “Information Concerning Official Business of Department” MUST be adhered to, OFF DUTY EMPLOYMENT APPLICATION must also be submitted for these positions. In addition, prior to entering into any contractual relationship of this nature, members of the service are advised to seek private legal counsel. The sale of exclusive proprietary rights, based on the involvement of an individual in a particular incident, is strictly prohibited. For example, a member of the service assigned to the Aviation Unit can be retained as a consultant or advisor on general technical matters or for background on a particular incident; he or she cannot sell exclusive “rights” to a production company for the story of the officer’s role in that incident. m. Many of the off duty employment prohibitions and guidelines involve conflict of interest related issues as addressed in Chapter 68 of the New York City Charter. Each member of the service should be familiar with those provisions. In certain limited circumstances, a member of the service may hold an otherwise prohibited position with written approval of the Police Commissioner, and a determination by the Conflicts of Interest Board that the position would not conflict with the purposes and interests of the City. Conflict of interest questions or questions regarding waivers may be directed to the Deputy Commissioner, Legal Matters. GENERAL PROHIBITIONS: Off duty employment is PROHIBITED when ANY of the following conditions exist: a. Member is a probationary police officer with less than one year aggregate service who has not completed Entry Level Training in the Police Academy. b. Existing law prohibits a police officer from employment in such job or premises. c. Off duty employment is also prohibited, as follows: (1) Interferes or conflicts with regular or emergency police duties. (2) Requires the Police Department uniform or shield to be worn or used in any manner in any off duty employment, except if approved by the Paid Detail Unit. (3) Affects member’s ability to perform police duties. (4) Exceeds twenty hours each week, EXCEPT when performed during vacation period or when on terminal leave. (5) Is to be performed three hours immediately prior to regular tour of duty. (6) Requires member to be an officer, organizer, or hold a position in an employee organization, i.e., labor union, or member will become involved in a strike or labor dispute. (7) Requires UNIFORMED member to work, UNLESS AUTHORIZED, for an organization licensed or inspected by the Police Department. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-40 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 10/16/13 (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) 7 of 10 Is knowingly performed for a person who has a criminal arrest record. Is required to be performed when member is on sick report, sick leave or disability. Involves the guarding of licensed premises. Involves employment in any premises licensed by the State Liquor Authority, pursuant to the Alcoholic Beverage Control Law, except that employment is permitted in a premises licensed to sell alcoholic beverages as long as they are not handled by the applicant. Involves employment by a UNIFORMED member of the service in precinct to which assigned. (However, a UNIFORMED member assigned to a command whose jurisdiction encompasses more than one precinct may be permitted to engage in off duty employment within the area to which assigned, UNLESS circumstances of such employment would constitute a conflict of interest or a corruption hazard, i.e., member’s ability to provide off duty services while on duty). Involves employment as a process server, anywhere. Involves operating or having a financial interest in an arcade, video or pinball game. Involves participation in any pari-mutuel racing as a rider, owner, driver or trainer of a horse. Involves the consultation/installation/repair of burglar alarms and security systems. Involves employment as a street peddler within New York City. Involves employment as a locksmith within New York City. Involves being employed in any capacity as a second hand dealer (except used cars) or second hand dealer purchasing and selling precious metals (gold, silver, etc.). Requires uniformed member of the service to perform investigative duties or secure a New York State investigator’s license. Involves the guarding of diplomatic personnel and/or the premises of diplomatic personnel. PROHIBITIONS FOR ATTORNEYS ENGAGED IN OFF DUTY EMPLOYMENT In addition to complying with any other relevant Department policy, procedure, or prohibition, members engaging in off duty employment as attorneys will also adhere to the following: a. Members shall not represent private interests for compensation before any City agency or appear anywhere, directly or indirectly, on behalf of private interests in matters involving the City. b. Members shall not appear as attorney or counsel against the interests of the City in any litigation in which the City or other government agency is a party, or in any action or proceeding in which the City or other government agency is a complainant. c. Members shall not serve as an attorney, or represent any party in any manner in negligence cases or criminal cases. d. In addition to the general prohibition against superiors and subordinates entering into any business or financial relationship (see P.G. 203-13, “Financial Restrictions - Prohibited Acts”), members shall not appear as attorneys or counsel for, or represent in any manner, a higher ranking or lower ranking member of the service in/assigned to their same command. The Conflicts of Interest Board has determined that a “business or financial relationship” exists when an attorney performs legal services whether or not the attorney receives compensation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-40 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 10/16/13 8 of 10 GUIDELINES FOR SECURITY RELATED OFF DUTY EMPLOYMENT: a. In addition to complying with the Guidelines and General Prohibitions, uniformed members accepting off duty employment in the private security field are advised that: (1) Uniformed members of the service who accept off duty employment in the private security field must be aware that they will not, in most instances, be entitled to or receive legal representation and/or indemnification from the city. Those benefits of city employment are afforded to municipal employees only when they act within the scope of their employment and in discharge of official duties. (2) An off duty uniformed member of the service employed in the private security field does not, by virtue of that employment, relinquish the power and authority conferred by the laws of the State of New York as a police officer. However, when an officer effects an arrest in furtherance of the private employer’s interest he is acting primarily on behalf of that employer, not in discharge of his duties as a police officer. Uniformed members of the service in their private capacity may not investigate crimes for private employers and ordinarily should be the complainant and not the arresting officer for off duty situations which arise (for example: trespass and burglary situations) unless the exigencies of the circumstance require that they act in an arresting capacity. (3) Because the city will not ordinarily indemnify uniformed members of the service against claims brought by individuals for action taken in connection with off duty employment, it is recommended that uniformed members of the service ascertain whether their private employer maintains liability insurance covering the off duty employment and affords legal representation and indemnification for acts or omissions occurring during off duty employment and in furtherance of employer’s interests. (4) All rules and regulations established by the Police Commissioner must be complied with fully. (5) All court time, both arraignment and follow-up appearances directly related to any duties and responsibilities in the off duty employment may not be performed on Police Department time nor may overtime compensation be received for such time from the City of New York. Accordingly, OVERTIME REPORTS should not be submitted in connection therewith. Further, it is the uniformed member’s responsibility to see that the off duty employer/client has Workers’ Compensation on coverage for guards to cover any injury or disability received in his employment. It is also understood that the City has a claim on any monies paid by Workers’ Compensation that would duplicate paid sick leave by the City. (6) OFF DUTY EMPLOYMENT APPLICATION must be submitted to the Employee Management Division for each specific client, location and company of employment. For each new assignment, even if for the same employer, a new request for approval must be submitted, with the employer’s name, and new location of person or premises to be protected. (7) Members may NOT work in off duty employment as security guards at a location where a strike or labor dispute is ongoing. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-40 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 10/16/13 (8) 9 of 10 If a uniformed member of the service’s firearm is discharged or member is injured as the result of an assault, while employed off duty in a security related capacity in New York City only, the precinct of occurrence must be notified immediately by the uniformed member involved. Incidents occurring outside the City of New York require immediate notification to the Operations Unit. The FIREARM DISCHARGE/ASSAULT REPORT (PD424-151) must be completed and verified for all such incidents (see P.G. 212-29 “Firearms Discharge And Assaults Involving Uniformed Members Of The Service”). b. To expedite processing, a member requesting permission to engage in off duty employment in the security field is authorized to personally deliver the completed OFF DUTY EMPLOYMENT APPLICATION to the Employee Management Division. GUIDELINES FOR WATCHGUARD LICENSE: In addition to complying with the Guidelines, General Prohibitions and Guidelines for Security Related Employment, uniformed members of the service will comply with the following re: Watchguard License: a. If the uniformed member intends to form a corporation and employ any other person in a Watchguard Service capacity, then the requirements of New York State laws regarding watchguard licensing must be complied with. “Watch, guard or patrol agency” as defined by the General Business Law (Article 7 Section 71, sub. 2) shall mean and include the business of watch, guard or patrol agency and shall also mean and include, separately or collectively, the furnishing, for hire or reward, of watchmen or guards or private patrolmen or other persons to protect persons or property or to prevent the theft or misappropriation or concealment of goods, wares or merchandise, money, bonds, stocks, choses in action, notes or other valuable documents, papers, and articles of value, or to procure the return thereof or the performing of the service of such guard or other person for any of said purposes. The foregoing shall not be deemed to include the business of persons licensed by the industrial commissioner under the provisions of section twentyfour-a or subdivision three-b of section fifty of the Workers’ Compensation Law or representing employers or groups of employers insured under the Workers’ Compensation Law in the State Insurance Fund, nor persons engaged in the business of adjusters for insurance companies nor public adjusters licensed by the superintendent of insurance under the Insurance Law of this State. b. Uniformed members of the service employed in a Watchguard Service shall comply with all rules, regulations, guidelines and prohibitions, regarding off duty employment. In addition, members will comply with Department directives, regarding integrity monitoring procedures. c. Uniformed members of the service applying for a Watchguard License must comply with the following: 1) Prepare required Affidavit at Employee Management Division after OFF DUTY EMPLOYMENT APPLICATION has been prepared and approved. 2) Submit a list of all clients or prospective clients of Watchguard Service, including names, addresses and specific location of business, to the Intelligence Bureau and Identification Section for records check. (a) If member has no clients at time of making APPLICATION, the Affidavit will state that fact and may be approved, if the member applying agrees to submit the identifying data of prospective clients prior to entering an employment agreement with such clients. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-40 10/16/13 3) ADDITIONAL DATA (continued) REVISION NUMBER: 4) 5) 6) 7) 8) 9) 10) PAGE: 10 of 10 Maintain an updated and unified list of all clients, locations, etc., which must be made available for Departmental inspection. (a) The Employee Management Division will maintain a separate folder for each approved Watchguard License containing a list of clients, locations and copies of approved OFF DUTY EMPLOYMENT APPLICATIONS of all uniformed members of the service employed by such Watchguard Service. That the corporation or the member concerned will not have a client who is the subject of a criminal investigation or a premises licensed by the Alcoholic Beverage Control Board or a diplomat, or any other client that the Police Commissioner may disapprove on the grounds that such employment would not be in the best interests of the Department. Will not have any client located within precinct of assignment, that is, if the off duty employment is of a premises, it may not be located in the precinct. If the off duty employment involves the security of an individual, he may not reside within the precinct of assignment. The corporation or the member concerned will not provide services to clients who are then engaged in active labor strikes. The corporation or member concerned will not advertise or represent that its employees are members of the New York City Police Department or that it operates under its auspices. Will not employ a uniformed member of the service of any rank assigned within Watchguard Licensee’s immediate command or employ any member of higher rank. Provide Employee Management Division with names and addresses of all employees, both uniformed members of the service and others. Do not employ other members of the service until such members present approved OFF DUTY EMPLOYMENT APPLICATIONS. RELATED PROCEDURES Civilian Employee Off Duty Employment (A.G. 319-23) FORMS AND REPORTS APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (INDIVIDUAL) (PD625-043) APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (PARTNERSHIP) (PD625-042) OFF DUTY EMPLOYMENT APPLICATION (PD407-164) FIREARM DISCHARGE/ASSAULT REPORT (PD424-151) FORCE RECORD (406-143) OVERTIME REPORTS (PD138-064) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-41 EMPLOYEE SUGGESTION PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To improve operations of the Department. DEFINITION EMPLOYEE SUGGESTIONS - Those suggestions made by members of the service within the guidelines of, and conforming to the procedures established by the Department of Citywide Administrative Services and the Police Department Employee Suggestions Programs. The Employee Suggestion Program considers any proposal that improves some aspect of police operations, public service, community relations, working conditions or safety. A proposal, if adopted, could result in substantial savings in time, money, manpower, equipment or the elimination of waste. PROCEDURE When submitting an employee suggestion: MEMBER OF THE SERVICE 1. 2. Prepare one copy of form EMPLOYEE SUGGESTION PROGRAM (PD115-161). Mail or deliver the completed copy to: Employee Suggestion Program, New York City Police Department, Chief of Personnel, One Police Plaza, Room 1208, New York, NY 10038 EMPLOYEE SUGGESTION PROGRAM UNIT MEMBER 3. 4. Assign Personnel Bureau and Employee Suggestion control numbers. Acknowledge receipt of employee suggestion. DEPARTMENT COORDINATOR 5. Review all suggestions with the Employee Suggestion Program Evaluation Committee. NOTE After careful consideration of the merits of an employee suggestion, the Employee Suggestion Program Evaluation Committee will either approve, disapprove or forward the suggestion for further review and evaluation to the appropriate unit or agency. EMPLOYEE SUGGESTION PROGRAM UNIT MEMBER 6. Notify member concerned of the approval or disapproval of the suggestion. a. If disapproved, indicate reason(s) for rejection on NONADOPTION (PD115-121). DEPARTMENT COORDINATOR 7. 8. Determine degree/amount of award to be presented to member concerned. Conduct liaison with the Department of Citywide Administrative Services, Citywide Employee Suggestion Program. FORMS AND REPORTS EMPLOYEE SUGGESTION PROGRAM (PD115-161) NON-ADOPTION (PD 115-121) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-42 DISCONTINUANCE OF POLICE SERVICE RETIREMENT OR VESTED INTEREST DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To apply for discontinuance of police service (retirement or vested interest). DEFINITION TERMINAL LEAVE - Leave, with pay, computed at the Police Pension Fund and granted to retiring members UPON REQUEST. One month leave is granted for each ten years of service, three days for each completed year of service, and one day for each completed four months of service, EXCEPT that terminal leave will NOT be granted: a. If disciplinary charges are pending b. If discontinuing police service with vested interest c. For time spent on extended leave without pay, unless mandated by law. PROCEDURE When a uniformed member of the service wishes to apply for retirement or discontinue police service with vested interest: UNIFORMED MEMBER OF THE SERVICE 1. 2. Notify commanding officer. Telephone Police Pension Fund for instructions and an appointment PRIOR to reporting for retirement processing. COMMANDING 3. OFFICER 4. Have clerical member prepare PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013). Sign PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE in appropriate space and give form to retiring member. 5. Report to Police Pension Fund in civilian clothes at least thirty days prior to discontinuance of service (retirement or vested interest). A member applying for terminal leave is requested to report to the Police Pension Fund at least ten days prior to commencement of such leave to allow for clerical processing. Request assignment to second platoon, if necessary. UNIFORMED MEMBER CONCERNED 6. NOTE A uniformed member wishing to terminate police duties IMMEDIATELY, who has used all accrued time, vacation and/or terminal leave, MUST, after calling the Police Pension Fund for an appointment, submit three copies of LEAVE OF ABSENCE REPORT (PD433-041) to his commanding officer, requesting LEAVE WITHOUT PAY for up to thirty days. This leave MAY BE granted a member applying for discontinuance of police service. Upon approval of the request by the unit commander, the member concerned MUST personally deliver all copies of the LEAVE OF ABSENCE REPORT to the commanding officer of the next higher command for approval and then present all copies to the Police Pension Fund for processing. 7. Bring PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE and all property listed thereon to Police Pension Fund. If additional tours of duty are to be performed subsequent to appearance at the Police Pension Fund, report with PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE form ONLY. Upon completion of last tour of duty, report with ALL property to Police Pension Fund on date specified by Police Pension Fund personnel OR after last tour of duty. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-42 REVISION NUMBER: PAGE: 08/01/13 2 of 4 NOTE When a valid reason exists for testing firearm(s) of member discontinuing police service, member’s commanding officer or Executive Director, Police Pension Fund, will ensure the preparation of REQUEST FOR LABORATORY EXAMINATION REPORT (PD521168), if applicable, and have member hand deliver firearm(s) with REQUESTS direct to Firearms Analysis Section. UNIFORMED MEMBER CONCERNED (continued) 8. Deliver property and obtain receipt on PROPERTY RECEIPT DISCONTINUANCE OF SERVICE, as follows: a. Department Manual - to Executive Director, Police Pension Fund b. Shield - to Administrator-in-Charge, Employee Management Division c. IDENTIFICATION CARD (PD416-091) - to Executive Director, Police Pension Fund for perforation and return to member for delivery to Administrator-In-Charge, Employee Management Division for re-issue of IDENTIFICATION CARD marked “Retired” d. Firearm(s), if not previously vouchered - to Manhattan Property Clerk’s Office if NOT applying for a handgun license. (Member discontinuing police service will prepare PROPERTY CLERK INVOICE (PD521141) at Property Clerk facility). Firearm(s) previously vouchered at other borough Property Clerk Offices will be forwarded to the Manhattan Property Clerk’s Office by the Property Clerk. e. Helmet and mace with holster - to Firearms and Tactics Section, Police Headquarters range f. New York City Transit Police Pass MetroCards – to desk officer, who will ensure that All MetroCards are hand delivered to the Employee Management Division g. Long Island Rail Road and Metro-North Police Passes – to desk officer, who will ensure that ALL Long Island Rail Road and Metro-North Police Passes are hand delivered to the Employee Management Division h. Personal portable radio with all accessories – issued to members of the service in the rank of captain and above to Communications Division, Telecommunications Unit, One Police Plaza, Room 910B i. Cellular telephone with all accessories – if applicable, to Communications Division, Telecommunications Unit, One Police Plaza, Room 910B j. NYPD Restricted Parking Permit (Misc. 23-N), Headquarters Annex Parking Permit (Misc. 814HQ-Annex) or any other Department issued vehicle parking permit – if applicable, to issuing command’s integrity control officer/counterpart, to ensure that return is recorded in Department record book k. NYPD Vehicle Identification Plate (Misc. 740) – if applicable, to command’s integrity control officer/counterpart, who will ensure that the plate is forwarded by messenger to Internal Affairs Bureau, Vehicle Identification Unit at 315 Hudson Street, Manhattan l. Personal laptop computer with all accessories – if applicable, (issued to members of the service in the rank of captain and above) to Management Information Systems Division, Distributed Computer Section, One Police Plaza, C Level, Room A-74. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-42 REVISION NUMBER: PAGE: 08/01/13 3 of 4 NOTE A member intending to apply for a handgun license will comply with instructions received from the Executive Director, Police Pension Fund. Members who reside within the confines of New York City MUST have HANDGUN LICENSE APPLICATION (PD643-041) typed and notarized prior to reporting to the Police Pension Fund. A member residing outside New York City must make application for a handgun license to the licensing officer in the municipality in which the member resides. UNIFORMED MEMBER CONCERNED (continued) 9. 10. 11. DESK OFFICER 12. 13. 14. ADDITIONAL DATA Deliver to Executive Director, Police Pension Fund: a. Five copies of PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE indicating disposition of property b. Copy of PROPERTY CLERK INVOICE, if applicable. Prepare and submit PENSION APPLICATION (PD440-045), which grants terminal leave, if applicable. Retain copy of: a. PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE b. PROPERTY CLERK INVOICE, if prepared. Make Command Log entry from the endorsement made by the Executive Director, Police Pension Fund on PROPERTY RECEIPT DISCONTINUANCE OF SERVICE. a. File copy of receipted form in Property Receipt Book. Notify commanding officer and next higher command. Notify roll call clerk. The Police Pension Fund notifies uniformed members of the service well in advance of their 63rd birthdate that such members are required, by law, to retire no later than midnight of the eve of their 63rd birthdate. The member concerned MUST apply for and take all leave, including vacation and terminal leave, PRIOR TO THAT DATE. Any leave NOT TAKEN prior to the member’s 63rd birthdate WILL BE FORFEITED; the member will receive NO COMPENSATION WHATSOEVER for time so forfeited. No leaves of any kind may be granted after commencement of terminal leave, nor may the member be placed on sick report, UNLESS such sick report results from an action taken in the line of duty while on terminal leave. A member who discontinues terminal leave PRIOR to the effective retirement date may NOT be granted vacation for at least thirty days AFTER discontinuance of such leave. A member may, however, apply for a thirty day leave of absence WITHOUT PAY, OR return to full duty. Prior to approval of a request for leave WITHOUT PAY of a member discontinuing terminal leave, the approving officer (see P.G. 205-21, “Leave of Absence Without Pay Thirty (30) Calendar Days or More”) MUST communicate with, and obtain the approval of the Chief of Personnel. A member on terminal leave who withdraws an application for retirement and subsequently re-applies for retirement shall be subject to ALL the provisions of this procedure. In addition, the effective date of retirement must be at least thirty days from the date of re-application. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-42 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 ADDITIONAL DATA (continued) A uniformed member of the service with sufficient reason may request his commanding officer to mail his paycheck while he is on leave prior to retirement. The request shall be prepared on Typed Letterhead and submitted with sufficient number of selfaddressed, stamped envelopes. RELATED PROCEDURES Discontinuation of Police Service - Resignation (P.G. 205-43) Leave of Absence Without Pay Thirty (30) Calendar Days or More (P.G. 205-21) Acquisition and Use of Department Issued New York City Transit Police Pass MetroCards (P.G. 219-26) FORMS AND REPORTS LEAVE OF ABSENCE REPORT (PD433-041) PENSION APPLICATION (PD440-045) HANDGUN LICENSE APPLICATION (PD643-041) PROPERTY CLERK INVOICE (PD521-141) PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-43 DISCONTINUATION OF POLICE SERVICE - RESIGNATION DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 6 PURPOSE To facilitate the resignation of a uniformed member of the service. DEFINITION RESIGNATION - Voluntary separation from the Department other than retirement/vested interest. PROCEDURE When a uniformed member of the service decides to resign from the Department: MEMBER CONCERNED 1. COMMANDING 2. OFFICER 3. 4. 5. 6. 7. DESK OFFICER 8. 9. 10. 11. NOTE Report to permanent command and notify commanding officer. a. If commanding officer is NOT present, inform desk officer. Instruct member that resignation bars reinstatement EXCEPT if approved by the Police Commissioner within one year of date of resignation. Request member concerned to complete, in ink, and sign appropriate section of RESIGNATION AND EXIT INTERVIEW (PD452-151). Interview member and record responses under appropriate captions of RESIGNATION AND EXIT INTERVIEW. Sign RESIGNATION AND EXIT INTERVIEW and distribute as indicated on bottom of each copy of form. Have command clerk prepare set of PROPERTY RECEIPT DISCONTINUANCE OF SERVICE (PD520-013). Sign PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE. Make Command Log entry of resignation. Obtain New York City Transit Police Pass MetroCard and Long Island Rail Road and/or Metro-North Rail Road Police Passes from resigning member, if appropriate, and have hand delivered to the Employee Management Division. Notify Operations Unit that uniformed member is resigning. Give member on duty at Operations Unit the following information concerning resigning member: a. Rank b. Last name, first name, middle initial c. Shield number d. Tax registry number e. Social Security number f. Command g. Date of appointment h. Hour and date of resignation. Operations Unit personnel will notify Communications Section (for transmittal of FINEST Message), Internal Affairs Bureau, Payroll Section, Police Pension Fund and Employee Management Division. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-43 REVISION NUMBER: PAGE: 08/01/13 2 of 6 DESK OFFICER 12. (continued) Assign member concerned to second platoon on last working day. a. If last working day of resigning member is on Saturday or Sunday, member will report to Police Pension Fund for processing on Friday and perform clerical duty in command on Saturday and Sunday. 13. Prepare PROPERTY CLERK INVOICE (PD521-141) listing firearms to be safeguarded. Prepare separate ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE (PD424-150) for each firearm safeguarded. Deliver firearms with PROPERTY CLERK INVOICE and ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE to borough Property Clerk’s Office, ONLY. Report to Police Pension Fund on last working day in civilian clothes with PROPERTY RECEIPT – DISCONTINUANCE OF SERVICE, ALL property and two copies of PROPERTY CLERK INVOICE. a. Resigning uniformed member of the service will retain ‘Prisoner/Finder/Owner’ copy of PROPERTY CLERK INVOICE as receipt for firearms. RESIGNING MEMBER 14. 15. 16. NOTE If uniformed member of the service refuses to report to Police Pension Fund for processing, commanding officer will accept property and have it delivered to appropriate commands. 17. Deliver Department property to commands indicated below and obtain receipt on PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE form. a. Department Manual (Patrol Guide, Administrative Guide, Organization Guide and Detective Guide) - to Executive Director, Police Pension Fund b. IDENTIFICATION CARD (PD416-091) and shield - to Administrator, Employment Section c. Helmet, mace and mace holster - to officer-in-charge, Firearms and Tactics Section, Police Headquarters Range d. Personal portable radio with all accessories – issued to members of the service in the rank of captain and above to Communications Division, Telecommunications Unit, One Police Plaza, Room 910B e. Cellular telephone with all accessories – if applicable, to Communications Division, Telecommunications Unit, One Police Plaza, Room 910B f. NYPD Restricted Parking Permit (Misc. 23-N), Headquarters Annex Parking Permit (Misc. 814HQ-Annex) or any other Department issued vehicle parking permit – if applicable, to issuing command’s integrity control officer/counterpart, to ensure that return is recorded in Department record book NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-43 PAGE: 08/01/13 g. RESIGNING MEMBER (continued) h. NOTE REVISION NUMBER: 3 of 6 NYPD Vehicle Identification Plate (Misc. 740) – if applicable, to command’s integrity control officer/counterpart, who will ensure that the plate is forwarded by messenger to Internal Affairs Bureau, Vehicle Identification Unit at 315 Hudson Street Personal laptop computer with all accessories – if applicable, (issued to members of the service in the rank of captain and above) to Management Information Systems Division, Distributed Computer Section, One Police Plaza, C Level, Room A-74. ALL uniformed members of the service MUST return the Patrol Guide. Detectives, detective investigators and detective supervisors MUST return the Patrol Guide and Detective Guide. All uniformed members of the service in the rank of lieutenant MUST return the Patrol Guide and Administrative Guide. All uniformed members of the service in the rank of captain and above MUST return the Patrol, Administrative, Detective and Organization Guides. 18. POLICE PENSION FUND 19. REPRESENTATIVE 20. Examine PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE to insure that ALL property is returned or accounted for. Prepare necessary resignation papers and give resigning member appropriate instructions. Forward to desk officer/counterpart following forms in Department mail: a. PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE b. PROPERTY CLERK INVOICE. DESK OFFICER 21. File copy of PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE in Property Receipt Book. Notify commanding officer, roll call clerk and next higher command of resignation. 22. IF MEMBER IS RESIGNING IN PERSON, NOT AT PERMANENT COMMAND, AND WILL NOT REPORT TO POLICE PENSION FUND FOR PROCESSING: DESK OFFICER, COMMAND OF RESIGNATION 23. 24. 25. 26. 27. 28. 29. 30. Prepare RESIGNATION AND EXIT INTERVIEW (five part snap-out). Request member to sign form. a. If member refuses, so indicate. Sign and distribute form as indicated in step “5” above. Notify Operations Unit of member’s resignation. a. Operations Unit personnel will make required notifications. Notify member’s permanent command of resignation. Make Command Log entry of member’s resignation including names of persons notified. Question resigning member concerning location of property. Instruct member concerned that benefits, pension contributions, etc., will NOT be returned until ALL property is accounted for and that the Police Commissioner will decide if resignation is without permission. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-43 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER, COMMAND OF RESIGNATION (continued) 31. DESK OFFICER, PERMANENT COMMAND 33. 32. 34. 35. 36. 37. 4 of 6 Assign uniformed member to deliver property of resigning member to permanent command. Instruct resigning member to contact Police Pension Fund for instructions concerning benefits. Have following forms prepared: a. PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE b. PROPERTY CLERK INVOICE c. ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE. Inspect member’s FORCE RECORD (PD406-143) to determine Department property and firearms possessed by member. Have uniformed supervisor and clerical member of the service open member’s locker and obtain property. Have uniformed member of the service deliver resigning member’s firearms with related forms to borough Property Clerk’s Office. Assign member to deliver PROPERTY RECEIPT – DISCONTINUANCE OF SERVICE (five copies), two copies of PROPERTY CLERK INVOICE and ALL Department property to Police Pension Fund. 38. POLICE PENSION FUND REPRESENT39. ATIVE Process papers of resigning member and check PROPERTY RECEIPT DISCONTINUANCE OF SERVICE to insure ALL Department property and firearms are returned. Forward to member’s permanent command a copy of: a. PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE b. PROPERTY CLERK INVOICE. DESK OFFICER 40. PERMANENT COMMAND Check PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE to insure that ALL Department property and firearms of resigning member are accounted for, and/or safeguarded. IF MEMBER RESIGNS OTHER THAN IN PERSON (BY TELEGRAM, REGISTERED LETTER, ETC.): C.O./ SUPERVISING OFFICER, RECEIVING RESIGNATION C.O., PERSONNEL ORDERS SECTION 41. 42. 43. Notify Operations Unit of member’s resignation. a. Operations Unit personnel will make required notifications. Notify resigning member’s permanent command, if necessary. Mail certified letter to member concerned acknowledging receipt and acceptance of resignation. a. Advise member that Police Commissioner will decide if resignation is without permission. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-43 MEMBER’S C.O./ SUPERVISORY HEAD REVISION NUMBER: PAGE: 08/01/13 44. 45. 46. 5 of 6 Attempt to personally communicate with member to determine location of Department property and member’s firearms. Instruct member concerned that pension contributions, etc., will NOT be returned until ALL property and firearms are returned and/or accounted for. Have desk officer inspect FORCE RECORD of member to determine what Department property and firearms are possessed by member. DESK OFFICER, MEMBER’S COMMAND 47. 48. 49. Assign sergeant and clerical member of the service to open member’s locker and obtain Department property. Make Command Log entry of all facts. Request desk officer of designated precinct to assign a supervisor to a specified location to obtain member’s property. a. Precinct designated will be determined by location of property. SUPERVISOR, DESIGNATED PRECINCT 50. 51. Visit location(s) and obtain property. Deliver property to desk officer of member’s permanent command. DESK OFFICER 52. ADDITIONAL DATA Comply with steps “13” to “17” above, insofar as possible, regarding preparation of forms and delivery of property to appropriate commands. In an effort to facilitate vacation selections, uniformed members of the service in the rank of police officer through deputy chief receive their entire vacation allotment on January 1st of any given year. However, members concerned are reminded that they are only entitled to use their entire vacation allotment if they are employed for the full year. Uniformed members who resign during the calendar year may only use the amount of vacation days based on the monthly accrual rates as follows: a. Uniformed members appointed PRIOR to July 1, 1988, as per P.G. 203-19, “Vacation Policy”. b. Uniformed members appointed AFTER July 1, 1988 at the rate of: (1) 2 ¼ days each month AFTER the first five years of service for a total of twenty-seven vacation days (2) 1 2/3 days each month PRIOR TO 5TH YEAR ANNIVERSARY for a total of twenty vacation days. NOTE: Uniformed member whose 5th year anniversary falls within calendar year receives a prorated vacation accrual based on date of appointment. A uniformed member of the service who uses vacation in excess of the accrual rates PRIOR to resigning will be required to forfeit pay and/or reimburse the Department for the paid vacation days used in excess of the accrual. RELATED PROCEDURE Vacation Policy (P.G. 203-19) Acquisition and Use of Department Issued New York City Transit Police Pass MetroCards (P.G. 219-26) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-43 FORMS AND REPORTS DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 6 ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS REPORT TO N.Y. STATE POLICE (PD424-150) PROPERTY CLERK INVOICE (PD521-141) PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013) RESIGNATION AND EXIT INTERVIEW (PD452-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-44 PISTOL LICENSE FOR RETIRING MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To expedite the issuance of a pistol license to a uniformed member of the service retiring. PROCEDURE A uniformed member of the service who desires to obtain a pistol license will, prior to last tour of duty: RETIRING MEMBER OF THE SERVICE 1. 2. 3. Obtain pistol license from local police authority if a non- resident of City. Prepare PISTOL LICENSE APPLICATION (PD643-041) complying with directions on form. a. Two copies if resident of New York City b. Three copies if non-resident of New York City. Request commanding officer to endorse reverse side of application under caption, “Investigating Officer’s Recommendation.” CLERICAL MEMBER 4. Fingerprint retiring member using: a. NON-CRIMINAL FINGERPRINT RECORD (PD423-144) b. New York State Non-Criminal Fingerprint Card (O13 OOIN) c. F.B.I. Applicant Form (FD258) RETIRING MEMBER OF THE SERVICE 5. Obtain three head type photographs, 1 ½ inch square a. If non-resident of New York City, four photographs are required. NOTE Photographs must have been taken within thirty days of application. 6. 7. 8. 9. Report to Identification Section, Police Headquarters with fingerprints for processing. Report to Payroll/Pension Section to obtain Certificate of Service with medical endorsement. a. If non-resident, an additional copy of Certificate of Service is required for local police authority. Prepare a U.S. Postal Money Order as follows: a. Seventy-four dollars payable to New York State Division of Criminal Justice Services. Report to Pistol License Section, Police Headquarters with the following documents: a. PISTOL LICENSE APPLICATIONS and photographs b. Fingerprint forms c. Certificate of Service d. Money Order e. Copy of PROPERTY CLERK INVOICE (PD521-141) if firearms are in custody of Property Clerk. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-44 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 ADDITIONAL DATA A retiring uniformed member of the service who resides outside New York City must obtain a New York State Pistol License from his local police authority prior to making application to the Pistol License Section for a New York City License. Because the retiring member cannot receive a Certificate of Service until his last working day, he may be unable to receive his New York State License prior to his retirement date. Therefore, the retiring member will deposit his firearms in the Manhattan Property Clerk’s Office and upon receipt of his State License, comply with the above procedure. RELATED PROCEDURES Discontinuance Of Police Service Retirement-Vested Interest (P.G. 205-42) FORMS AND REPORTS NON-CRIMINAL FINGERPRINT RECORD (PD423-144) PISTOL LICENSE APPLICATION (PD643-041) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-45 CHRONIC ABSENCE CONTROL PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To curtail abuse of sick leave privileges. DEFINITIONS CHRONIC SICK - CATEGORY “A” - A uniformed member of the service who reports sick for any reason, EXCEPT an initial line of duty absence OR for hospitalization at any time, four or more times within a twelve month period. CHRONIC SICK - CATEGORY “B” - A uniformed member of the service who reports sick for any reason, EXCEPT initial line of duty OR for hospitalization at any time, six or more times within a twelve month period; OR For any reason EXCEPT an initial line of duty absence or for hospitalization at any time, four or more times within a twelve month period and loses forty or more workdays (not calendar days). SCOPE Outpatient service such as ambulatory surgery is not considered hospitalization for the purpose of this procedure. PROCEDURE When a uniformed member of the service is initially designated “CHRONIC ABSENT”: COMMANDING 1. OFFICER, MEDICAL DIVISION Notify member’s commanding officer, in writing, by forwarding appropriate copies of CHRONIC ABSENT NOTIFICATION (PD433-148). COMMANDING 2. OFFICER Notify member of such designation, by delivering original copy (white) of CHRONIC ABSENT NOTIFICATION, after completing first endorsement. Indicate notification on member’s ABSENCE AND TARDINESS RECORD (PD433-145). Advise member that such designation will remain in effect according to the following classification: a. CATEGORY “A” - for six months from date of return to duty following last absence. b. CATEGORY “B” - for nine months from date of return to duty following last absence. 3. 4. NOTE Subsequent sick reports, EXCLUDING initial line of duty or hospitalization, during the six or nine month period will extend the designation period accordingly UNLESS such designation is revoked on appeal. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-45 PAGE: 08/01/13 WHEN A MEMBER DESIGNATION MEMBER CONCERNED REVISION NUMBER: 5. 6. 2 of 3 WISHES TO APPEAL A CHRONIC SICK Prepare report, in DUPLICATE, on Typed Letterhead, addressed to the Commanding Officer, Medical Division, within thirty days of chronic absent designation, indicating the reason(s) for objection to designation. Present report to commanding officer for review and recommendation. COMMANDING 7. OFFICER Review report and forward, with endorsement, to Commanding Officer, Medical Division. a. Include recommendation and reason(s) in support or denial of appeal. COMMANDING 8. 9. OFFICER, 10. MEDICAL DIVISION 11. Confer with Chief Surgeon and district surgeon concerned. APPROVE/DISAPPROVE appeal. Forward DISAPPROVED appeal to Chief of Personnel for final determination. Notify commanding officer of member concerned of results of appeal. COMMANDING 12. OFFICER Inform member concerned of final determination. ADDITIONAL DATA The following restrictions shall apply to members designated Category “B”: a. Not eligible for Administrative Return b. Assignment to Special Medical District, regardless of residence and existing medical district. c. Not permitted to leave residence without the express permission of the Special Medical District Surgeon. Members violating this procedure will be subject to Charges and Specifications, not Command Discipline. Category “B” members who report sick and indicate an inability to travel, or who fail to report to the Special Medical District when scheduled, will be visited by a supervising officer of the Medical Division. Member will then be transported to the Special Medical District (if able to travel). CHARGES AND SPECIFICATIONS (PD468-121) will be prepared by a ranking officer from the Medical Division if Special Medical District Surgeon determines that: a. the sick member was able to travel to the Special Medical District, OR b. the member displays no objective evidence of illness or injury claimed. Category “B” members found fit for duty after examination by the Special Medical District Surgeon and who report sick again for the SAME reason prior to their next scheduled tour of duty, may be suspended from duty without pay if upon subsequent examination by a surgeon, no objective findings of such illness or injury are found. CHARGES AND SPECIFICATIONS will be prepared by the Commanding Officer, Medical Division. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-45 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 A FINEST message will be transmitted daily listing those members reporting sick within the previous twenty-four hours and specifically identifying those who will report to the Special Medical District instead of their own district surgeon. Members concerned will be notified by their commanding officer. Granting of applications or recommendations for discretionary benefits, including promotion, extra compensation, designation, heightened assignments, off-duty employment and scholarships will be discretionary while a member is Chronic Absent, Category “A” or “B”. No discretionary benefits and privileges will be denied solely because a member is Chronic Absent, Categories “A” or “B”. RELATED PROCEDURES Reporting Sick (P.G. 205-01) FORMS & REPORTS ABSENCE AND TARDINESS RECORD (PD433-145) CHARGES AND SPECIFICATIONS (PD468-121) CHRONIC ABSENT NOTIFICATION (PD433-148) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-46 COUNSELING SERVICES UNIT DATE ISSUED: 08/01/13 PURPOSE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 To ensure that all members of the service are informed about the Counseling Services Unit. DEPARTMENT COUNSELING GUIDELINES SCOPE The primary function of the Counseling Services Unit is to assist in the recovery and return to full and productive service those members of the service who are experiencing difficulties with alcohol, prescription medication, gambling or finances. The Department’s objective, at all levels, is the early detection and referral of its personnel for evaluation and treatment, either as a self-referral or through a direct supervisory referral. The Counseling Services Unit is not a disciplinary unit, nor a sanctuary for misconduct. To afford confidentiality to members of the service who utilize this program, the Counseling Services Unit is located in a non-Department facility located at: 189 Montague Street, 7th Floor, Brooklyn, New York 11201; Monday through Friday between 0700-1800 hours. During non-business hours the Counseling Services Unit may be contacted through the Sick Desk Supervisor. Alcoholism is a primary, chronic disease with genetic, psychosocial and environmental factors influencing its development and manifestations. Untreated, the disease is often progressive and fatal. It is characterized by continuous or periodic impaired control over drinking, preoccupation with the drug alcohol, use of alcohol despite adverse consequences, and distortions in thinking, most notably denial. Alcoholism is a fully treatable disease, especially when intervention occurs in the early stages. Self-referral, before the condition results in personal tragedy or misconduct, is ideal. However, it must be emphasized that denial and cover-up are inherent components of this disease. Therefore, supervisors are a vital link to the process of early detection, referral, treatment and recovery. A supervisor may contact the Counseling Services Unit and request that a member be evaluated. Federal law and regulations governing confidentiality prohibit disclosure of any information or record pertaining to substance abuse treatment. The Counseling Services Unit may not disclose any information that identifies a member as a participant except under the following circumstances: a. b. c. d. Written consent from the member concerned Valid subpoena and U.S. District Court Order Suspected child abuse Danger to self or another NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-46 SCOPE (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 Records maintained by the Counseling Services Unit are absolutely confidential and not duplicated or forwarded anywhere within the Department. In nondisciplinary cases, when a supervisor officially refers a member, no report will be prepared and no record of the referral will be noted in the member’s personnel folder. Supervisors making referrals will only be advised as to the level of cooperation and only on a need to know basis. Members participating in this program will not jeopardize their promotional opportunities. In addition, their current assignments will not ordinarily be changed because of their participation in this program unless, due to the nature of the assignment, a change is deemed to be in the best interests of all parties concerned. However, participation in this program will not exempt a member of the service from disciplinary action for specific acts of misconduct and the consequences of such disciplinary action. The services of the Counseling Services Unit are NOT available to members of the service for illegal drug use. All members of the service are mandated by provisions of “Administration of Drug Screening Tests for Cause,” (P.G. 205-30) to make official notification to the commanding officer/duty captain, or Internal Affairs Bureau/Command Center when illegal drug use is suspected. Prior to final adjudication of a disciplinary matter, in all misconduct cases in which the use of alcohol is indicated, an alcoholism assessment by the Counseling Services Unit must be conducted. In addition, in appropriate cases, a final adjudication of the disciplinary matter will be held in abeyance pending completion of treatment for alcoholism. The Department Advocate’s Office or the Office of the Special Prosecutor, as appropriate, will ensure that these steps are taken. In domestic violence cases, the Early Intervention Unit will refer the member to the Domestic Incident Education Program. The Department Advocate’s Office or the Office of the Special Prosecutor, as appropriate, will ensure that these steps are taken. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-47 TEMPORARY REMOVAL OF FIREARMS IN NON-DISCIPLINARY CASES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To temporarily remove a uniformed member of the service’s firearms and evaluate that member's fitness to perform duty in non-disciplinary cases. DEFINITION RANKING OFFICER - For the purposes of this procedure only, a Department surgeon, uniformed member of the service in the rank of captain or above, or other competent authority. PROCEDURE Whenever a Department surgeon, uniformed member of the service in the rank of captain or above, or other competent authority, determines that a member’s firearms should be temporarily removed for non-disciplinary reasons (e.g., stress as a result of family or other situations, suicidal tendencies, etc.) the following steps will be complied with: RANKING OFFICER 1. 2. 3. 4. Request response of Department psychologist, if warranted, through the Sick Desk Supervisor. Direct that the member’s pistols, revolvers, IDENTIFICATION CARD (PD416-091), and shield be removed. Deliver surrendered property to command where the order to surrender was given. Ascertain if member possesses additional firearms, i.e. pistols, revolvers, rifles or shotguns: a. Question member directly b. Direct desk officer, command of surrender, to check member’s FORCE RECORD (PD406-143). DESK OFFICER, COMMAND OF SURRENDER 5. NOTE The command where any of the member’s pistols or revolvers are located may be directed to retrieve the weapons and deliver them to either the member’s command or to the command in which the investigation is being conducted, if appropriate. 6. 7. Notify member’s permanent command and request a check of member’s FORCE RECORD (PD406-143) to determine if all weapons listed have been surrendered. Arrange to obtain other additional firearms if necessary. Have PROPERTY CLERK INVOICE (PD521-141) prepared for firearms obtained. Include on INVOICE notation “Property of uniformed member of the service - Not to be returned without approval of Commanding Officer, Medical Division.” a. Place shield, and IDENTIFICATION CARD into a Plastic Security Envelope and seal. (Do not prepare INVOICE for these items). b. Secure firearms, shield, and IDENTIFICATION CARD in the command’s property locker. c. Make appropriate entries in Command Log. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-47 REVISION NUMBER: PAGE: 08/01/13 2 of 4 NOTE Do not prepare REMOVAL/RESTORATION OF FIREARMS REPORT (PD524-152). RANKING OFFICER 8. 9. 10. NOTE Make notification to Early Intervention Unit. If closed, have notification made at beginning of next business day. Prepare detailed confidential report addressed to Commanding Officer, Medical Division, and forward direct. Forward copies of the report to: a. Director, Employee Management Division (Attention: Early Intervention Unit) in all cases. b. The member’s commanding officer in all cases. c. Chief of Internal Affairs Bureau (IAB) only if the incident generates an IAB log number. (Notify IAB Command Center of results of investigation). d. Investigative unit concerned (i.e. borough/bureau investigations unit) only if further investigation of the incident is necessary. If the incident involves corruption/serious misconduct, comply with P.G. 206-08, “Suspension From Duty-Uniformed Member of the Service,” or P.G. 206-10, “Modified Assignment,” P.G. 206-17, “Removal and Restoration of Firearms” and P.G. 207-21, “Allegations of Corruption and Serious Misconduct Against Members of the Service.” 11. Direct member concerned to: a. Report to his/her permanent command at 0900 hours for each tour of duty that falls on a business day (Monday through Friday). b. Work normally assigned tour hours whenever tour of duty falls on a weekend (Saturday or Sunday) or holiday. c. Be assigned to non-enforcement duties. d. Follow steps 11a. -11c. as indicated above until an evaluation determination and further reporting instructions from the Commanding Officer, Medical Division are received. COMMANDING 12. 13. OFFICER, MEDICAL 14. DIVISION Review confidential report prepared by ranking officer. Determine with supervisory psychologist if member concerned should be evaluated by the Psychological Evaluation Unit. Notify member concerned to appear at Psychological Evaluation Unit if determination is made that member requires evaluation. WHEN IT IS DETERMINED THAT THERE IS A MEDICAL OR PSYCHOLOGICAL REASON FOR THE MEMBER’S FIREARMS TO BE OFFICIALLY REMOVED COMMANDING 15. OFFICER, MEDICAL DIVISION Have member’s firearms officially removed when deemed necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-47 REVISION NUMBER: PAGE: 08/01/13 3 of 4 NOTE Medical Division will be responsible for: a. Placing member on restricted duty. b. Issuing a Firearms Removal serial number. c. Preparing REMOVAL/RESTORATION OF FIREARMS REPORT and forwarding it to desk officer, command of surrender. d. Notify commands concerned regarding member’s status and the official removal of firearms. e. Directing member to report to Employee Management Division for a restricted duty IDENTIFICATION CARD. DESK OFFICER, COMMAND OF SURRENDER 16. Upon receipt of REMOVAL/RESTORATION OF FIREARMS REPORT from Medical Division, comply with P.G. procedure 20617, “Removal and Restoration of Firearms,” regarding the forwarding of firearms, shield and IDENTIFICATION CARD. WHEN DETERMINATION IS MADE THAT MEMBER DOES NOT REQUIRE A PSYCHOLOGICAL EVALUATION OR A PSYCHOLOGICAL EVALUATION FINDS NO BASIS TO OFFICIALLY REMOVE THE MEMBER’S FIREARMS COMMANDING 17. OFFICER, MEDICAL DIVISION Notify desk officer, command of surrender and also member’s permanent command, if different that: a. There is no medical/psychological objection to returning the member’s firearms, shield, and IDENTIFICATION CARD. b. Member must report to the Early Intervention Unit on the next business day. 18. Make: a Return call to Medical Division to verify authenticity of the notification b. Entry in Telephone Record. Notify commanding officer and roll call personnel. Return firearms, shield, and IDENTIFICATION CARD to member. Ensure that member reports to the Early Intervention Unit on the next business day. Make Command Log entry. DESK OFFICER, COMMAND OF SURRENDER/ MEMBER’S PERMANENT COMMAND 19. 20. 21. 22. EARLY INTERVENTION UNIT 23. ADDITIONAL DATA The interview with the Early Intervention Unit may take place after the member’s firearms have been returned provided the interview takes place on the next business day. Conduct Career Guidance Interview with the member upon arrival at the Early Intervention Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-47 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 AUTHORIZATION TO SAFEGUARD FIREARMS AT MEMBER’S COMMAND DUE TO A CURRENT PERSONAL PROBLEM When a member believes that possession of firearms, during off-duty hours, could further aggravate a current personal problem, (e.g. potential domestic violence accusations), the member concerned may request that his/her firearms be safeguarded at the command. The desk officer must make a Command Log entry each tour the member elects to safeguard his/her firearms. The entry will indicate the date, time, rank, name and tax registry number of the member making the request, and the serial numbers of all firearms being safeguarded. An entry concerning the justification for this type of request is not required. A notification in the margin of the original entry will also be made indicating the date and time the firearms were returned to the member. The member will continue to perform full duty according to the normal duty chart or work schedule. At the conclusion of each tour the member may deliver his/her firearms to the desk officer until the personal problem is rectified. RELATED PROCEDURES Cause For Suspension/Modified Assignment (P.G. 206-07) Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) Modified Assignment (P.G. 206-10) Removal Of Firearms From Intoxicated Uniformed Member Of The Service (P.G. 206-12) Removal and Restoration of Firearms (P.G. 206-17) FORMS AND REPORTS FORCE RECORD (PD406-143) PROPERTY CLERK INVOICE (PD521-141) REMOVAL/RESTORATION OF FIREARMS REPORT (PD 524-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-48 EVALUATIONS - GENERAL - MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To ensure that each uniformed and civilian member of the service is evaluated at least once each year. PROCEDURE To provide guidance to processing the evaluation of uniformed and civilian members of the service: COMMANDING 1. OFFICER CONCERNED 2. Utilize the “Evaluations Due” computer application in the NYPD Intranet and examine command roster to determine which members of the command may require a PERFORMANCE EVALUATION. Assign supervisor(s) to evaluate performance of subordinates. a. Designate an appropriate supervisor to prepare PERFORMANCE EVALUATIONS of members assigned to the VIPER units, if applicable. 3. Prepare appropriate PERFORMANCE EVALUATION form according to directions contained on the form and in the Performance Evaluation Guide. Examine ratee’s CPI record, Department recognition, sick record, commendation letters, CCRB record, for entries pertaining to the rating period, as well as any other record of performance documentation (e.g., Command Discipline Log, Minor Violations Log, etc.). Comment on all Performance Areas/Behavioral Dimensions rated below competent (i.e., rated either 2 or 1). Discuss the Department’s equal employment opportunity (EEO) policy with ratee. a. Make all evaluation decisions in accordance with the Department’s EEO policy to ensure compliance b. Record any disciplinary action received by a member of the service that was a result of an EEO related issue (see “ADDITIONAL DATA”) c. Record comments in the section devoted to the “Overall Rater’s Comments”, indicating that the employee’s rights and responsibility regarding EEO issues were discussed d. Record comments in the section devoted to the “Overall Rater’s Comments”, indicating how well a supervisor has demonstrated his/her compliance with the Department’s EEO policy. Report efforts made to improve attendance of members who are classified “Chronic Absent - Category A” or “Chronic Absent - Category B.” a. Include a statement concerning efforts made to improve attendance. Confer with ratee’s former supervisor and consult transfer PERFORMANCE EVALUATION if observation of ratee is of a limited duration, when appropriate. a. Include identity of supervisor conferred with in Overall Rater’s Comments. Forward completed PERFORMANCE EVALUATION to appropriate reviewer by entering the reviewer’s tax registry number. RATER 4. 5. 6. 7. 8. 9. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-48 REVIEWER DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 10. 11. 12. 2 of 5 Review all PERFORMANCE EVALUATIONS of subordinate personnel. Ensure the ratings of members designated “Chronic Absent” are accurate and objectively reflect the ratee’s performance and the impact of absenteeism on such performance. a. Give consideration to attendance record of ratee who is classified “Chronic Absent - Category A” in determining appropriate overall rating. b. Consider evaluating ratee “Very Low” if member is or has been classified as “Chronic Absent - Category B” during the rating period. Provide additional comments regarding the ratee’s performance and submit PERFORMANCE EVALUATION to rater. WHEN REVIEWER IS IN DISAGREEMENT WITH RATER’S EVALUATION 13. Prepare additional PERFORMANCE EVALUATION if in disagreement with any portion of the rater’s evaluation of ratee. a. Forward the additional PERFORMANCE EVALUATION to immediate supervisor for review by entering the immediate supervisor’s tax registry number. 14. EXECUTIVE OFFICER/ COMMANDING OFFICER Review the additional PERFORMANCE EVALUATION prepared by initial reviewer and add comments as the new reviewer. a. Submit the additional PERFORMANCE EVALUATION to initial reviewer. 15. Discuss the additional PERFORMANCE EVALUATION with ratee after comments have been made by executive officer/commanding officer. REVIEWER INITIAL REVIEWER IN ALL CASES WHEN A PERFORMANCE EVALUATION IS PREPARED INITIAL REVIEWER/ RATER 16. 17. 18. 19. Discuss PERFORMANCE EVALUATION with ratee after the rater and the reviewer have made comments. Comply with P.G. 205-58, “Appeal of Evaluation – Uniformed Members of the Service” or P.G. 205-59, “Appeal of Evaluation – Civilian Member of the Service,” when member of the service appeals his/her PERFORMANCE EVALUATION. a. Notify commanding officer of ratee’s decision to appeal. Print PERFORMANCE EVALUATION for signature of ratee, rater, and reviewer. Schedule and conduct interview with ratee. a. Be cognizant of any scheduled vacations or absences that may cause a delay in conducting the interview and “finalizing” of PERFORMANCE EVALUATION. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-48 INITIAL REVIEWER/ RATER (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 20. 21. 22. COMMANDING 23. OFFICER/ REVIEWER 24. 25. 26. 27. 28. 29. 3 of 5 Provide a copy of PERFORMANCE EVALUATION to ratee at interview. Ensure that a completed and signed PERFORMANCE EVALUATION is filed in the member’s command folder. Certify evaluation process as complete by “finalizing” PERFORMANCE EVALUATION. a. Submit PERFORMANCE EVALUATIONS prior to leaving for vacation or other leave, if such absence would cause a delay in preparation and/or submission of the PERFORMANCE EVALUATION. Prepare interim PERFORMANCE EVALUATION if significant change occurs in ratee’s performance or as otherwise directed. a. If a ratee receives an overall evaluation of below competent (2.5 or lower) or is rated extremely competent (5.0), the reviewer must be in the rank of captain or above, or selected civilian managerial titles. b. If ratee is in any Performance Monitoring Program, the reviewer must be the commanding officer. The commanding officer will consult with all appropriate supervisors prior to making any comments. Review delinquent PERFORMANCE EVALUATIONS recapitulation on the NYPD Intranet Home Page (Evaluations Due) frequently to determine status of overdue PERFORMANCE EVALUATIONS (see “ADDITIONAL DATA”). Ensure all PERFORMANCE EVALUATIONS are forwarded electronically after completion by utilizing the “Print Command Evaluations” feature on the main menu. a. This feature provides a supervisor in the rank of lieutenant or above to view all finalized PERFORMANCE EVALUATIONS in the command. Ensure a signed copy of the original PERFORMANCE EVALUATION prepared for a probationary police officer, probationary sergeant, probationary lieutenant and probationary captain is forwarded to the Employee Management Division, Probationary Monitoring Unit. Direct rater being transferred or retiring to prepare PERFORMANCE EVALUATION for each member the rater is regularly required to evaluate, prior to transfer/retirement. Direct that a transfer PERFORMANCE EVALUATION be prepared for members transferred. a. Forward PERFORMANCE EVALUATION to member’s new command. Ensure that members are rated in the command to which assigned or temporarily assigned on the last day of the rating period (conferrals may be made if required). a. If a member of the service is not observed during the rating period, (i.e., sick report, leave, retired or resigned, etc.), an explanation, including dates, must be entered on PERFORMANCE EVALUATION. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-48 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 5 PERFORMANCE EVALUATIONS and guidebooks for the ranks of police officer through captain, and civilian sub-managerial employees may be found by accessing the Online Evaluation System via the Department Intranet. Commanding officers will ensure additional copies of guidebooks are made available in the command reference library. Probationary members of the service do not receive annual PERFORMANCE EVALUATIONS. An annual PERFORMANCE EVALUATION will be prepared during the next rating period after a member attains permanent rank. Uniformed members of the service who are in rank on probation (e.g., entry-level probationary police officers, probationary sergeants, etc.) and civilian members of the service who have not completed their probationary period or have served less than two years in a provisional status are not permitted to appeal their PERFORMANCE EVALUATION. All newly promoted sergeants, lieutenants and captains are on probation in rank for a period of twelve months unless cause exists to extend such period for an additional six months. Extension of probation beyond twelve months may be authorized on a case-bycase basis. A waiver of probation may be requested after six months. This request must be made by the probationary member’s commanding officer and accompanied by the fourth month PERFORMANCE EVALUATION. All requests are to be forwarded through channels to the Employee Management Division. Members of the service are reminded that appraisal of subordinates’ performance is a continuous process. The use of an annual evaluation system DOES NOT relieve supervisors of their responsibility to monitor and document subordinates’ performance throughout the rating period. The “Evaluations Due” web page provides a roster of annual and probationary PERFORMANCE EVALUATIONS that are due for specific personnel. Certain commands are required to provide additional PERFORMANCE EVALUATIONS (i.e., investigative track commands and requests due to monitoring). The Online Evaluation System does not preclude commands from providing additional PERFORMANCE EVALUATIONS when necessary. When preparing a PERFORMANCE EVALUATION, the rater will take into account the ratee’s performance concerning equal employment opportunity (EEO) issues. EEO factors having a bearing on the rating in that category will include, but not be limited to, whether the member has engaged in conduct that violates provisions of the Department Manual, Title VII, other applicable equal employment opportunity laws, or the Department’s equal employment opportunity policy. In addition, raters will ensure that recognition is given to members who utilize their language proficiency for translation and interpretation in the performance of their regular duties, or as part of the volunteer language initiative. The use of this skill shall be afforded the same recognition as any other special skill needed by the Department. Any experience gained while serving as a translator/interpreter in criminal investigations will be included in the Overall Rater’s Comments of the PERFORMANCE EVALUATION. Commanding officers will ensure that evaluations of volunteer members are not negatively affected by their assignment to translation/interpretation duties. These tasks shall be evaluated as a proportionate part of their assigned duties. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-48 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 When a sub-managerial civilian member is transferred, the commanding officer/supervisory head will direct that the PERFORMANCE EVALUATION is completed online and the form is forwarded to the Employee Management Division and to the new command. The ratee will be given a copy of the form. The immediate supervisor in the new command will prepare a new Task and Standards of the ratee’s new assignment via the Online Evaluation System. If excessive absence, tardiness or poor performance is cited as a reason(s) for a BELOW STANDARDS or WELL BELOW STANDARDS rating, include a copy of the appropriate form including: ABSENCE AND TARDINESS RECORD (PD433-145), CIVILIAN RECORD OF SUPERVISORY CONFERENCES (SUB-MANAGERIAL) (PD433-1411), CIVILIAN LATENESS/WARNING NOTIFICATION (PD449-122), or CIVILIAN UNSATISFACTORY PERFORMANCE WARNING (PD439-012), when appropriate. RELATED PROCEDURES Chronic Absence Control Program (P.G. 205-45) Police Officer’s Monthly/Quarterly Performance Review and Rating System (P.G. 205-57) Appeal of Evaluation - Uniformed Members of the Service (P.G. 205-58) Appeal of Evaluation - Civilian Member of the Service (P.G. 205-59) FORMS AND REPORTS PERFORMANCE EVALUATION ABSENCE AND TARDINESS RECORD (PD433-145) CIVILIAN RECORD OF SUPERVISORY CONFERENCES (SUB-MANAGERIAL) (PD4331411) CIVILIAN LATENESS/WARNING NOTIFICATION (PD449-122) CIVILIAN UNSATISFACTORY PERFORMANCE WARNING (PD439-012) Online Performance Evaluation Guide NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-49 EVALUATION OF PROBATIONARY POLICE OFFICERS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To insure proper evaluation of probationary police officers. PROCEDURE Before a probationary police officer is permanently assigned to a command: COMMANDING 1. OFFICER, 2. POLICE 3. ACADEMY Ensure preparation of two copies of RECRUIT EVALUATION (PD439-1412), prior to permanent assignment. Forward original to permanent command. Forward duplicate to Employee Management Division upon assignment to permanent command. COMMANDING 4. OFFICER/ 5. SUPERVISOR CONCERNED (PERMANENT COMMAND) Evaluate continuously, the conduct and performance of probationary police officers. Evaluate probationary police officers via the Online Evaluation System available on the Department’s Intranet, three times during their probationary period: the tenth, sixteenth and twenty-second month. NOTE The first sixteen months of a probationary police officer’s field assignment is a critical phase in the training and maturation of a new police officer. Supervisors must conscientiously evaluate probationary police officers to ensure that members who are unable to satisfactorily perform their duties are identified. In addition to evaluation reports, commanding officers will submit the following reports during the probationary period as they occur, on Typed Letterhead. a. Request for Charges and Specifications to First Deputy Commissioner. b. Report of any matter that may bear upon the fitness of probationer to Chief of Personnel in a sealed envelope. COMMANDING 6. OFFICER (PERMANENT COMMAND) 7. NOTE Ensure that twenty-second month evaluation specifically recommends “Permanent Appointment,” “Extension of Probation” or “Termination of Services,” in reviewer’s comments area. a. Notify the Performance Analysis Section whenever a probationary police officer receives an overall evaluation less than 3.0. Forward completed PERFORMANCE EVALUATIONS via Department Intranet by finalizing the PERFORMANCE EVALUATION online. a. Ensure a signed copy of the PERFORMANCE EVALUATION is printed out and forwarded to Probationary Monitoring Unit, One Police Plaza, Room 1000. When recommending “Termination of Services” or “Extension of Probation” a detailed report to Chief of Personnel, including all pertinent facts related to the probationary police officer’s performance, will be forwarded with a copy of the PERFORMANCE EVALUATION. If warranted, these recommendations may also be forwarded at any time during the probationary period, prior to the twenty-second month anniversary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-49 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 ADDITIONAL DATA The probationary period should be utilized to closely scrutinize the member’s performance to assess his or her abilities as a police officer. The entry level probationary period may be extended an additional six months, if necessary, to allow the Department more time to further review and evaluate a probationer’s suitability to remain a police officer. When a probationary officer is transferred to a command, his or her performance from the previous command must be reviewed. Interim evaluations should be prepared when it is apparent there is a problem with an officer’s performance. The rater will discuss the probationary evaluation with the ratee. This will make the probationary officer aware of his or her performance and also place those probationary officers with a “below standards” evaluation on notice that their performance must show an improvement. When a commanding officer becomes aware that a probationary officer’s performance may be below standards, supervisors should be instructed to carefully document the member’s performance by utilizing the minor violations log, command discipline, and when appropriate, charges and specifications. The probationer will be notified of the observed performance deficiencies and instructed on proper Department procedure. Written documentation that the probationer was instructed and counseled will be maintained in the officer’s personnel folder. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) Appeal of Evaluation - Uniformed Members of the Service (P.G. 205-58) FORMS AND REPORTS RECRUIT EVALUATION (PD439-1412) PERFORMANCE EVALUATION POLICE OFFICER - DETECTIVE SPECIALIST (Online Evaluation System) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-50 EVALUATION OF POLICE OFFICERS AND DETECTIVES ASSIGNED TO INVESTIGATIVE DUTIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure that each uniformed member is evaluated each year while assigned to investigative duties. PROCEDURE Prior to the scheduled evaluation of uniformed members of the service: RATER 1. NOTE The first fifteen months of an investigative assignment is a critical phase in the training and development of a new investigator. Supervisors must conscientiously evaluate police officers/investigators to ensure that members who are not suited for investigative work are not retained in such assignments. If there is a change in performance after the fifteenth month, the member’s supervisor MUST immediately submit an interim evaluation. 2. 3. REVIEWER 4. 5. Evaluate police officers assigned to investigative (Detective Track) duties two times during their initial fifteen months in such assignment, (eighth, and fifteenth month), using form PERFORMANCE EVALUATION -DETECTIVES AND POLICE OFFICERS ASSIGNED TO DETECTIVE TRACK COMMANDS (Online Evaluation System). Evaluate police officers/investigators annually after the initial fifteen months. Evaluate detectives/investigators annually, using form PERFORMANCE EVALUATION - DETECTIVES AND POLICE OFFICERS ASSIGNED TO DETECTIVE TRACK COMMANDS (Online Evaluation System). Comment on the ratee’s performance and potential for continuation in an investigative assignment and eventual promotion to detective for all police officers/investigators. Review and sign EVALUATION form. NOTE When an investigator is designated “Chronic Absent - Category B,” it is presumed that the investigator is performing in a substandard manner. If the performance of the “Category B” investigator is rated higher than “Low”, the rater must demonstrate how the performance was achieved in spite of the absence record of the investigator. In all cases, the rater must state if the ratee should remain in the investigative assignment. If ratee is a detective, determine if ratee should retain such designation or have such designation revoked and be reassigned. RATER 6. 7. 8. Audit the investigative time accrued by members assigned to command. Ensure that eighth and fifteenth month evaluations are prepared and promptly forwarded for police officers/investigators assigned to the command. Ensure the PERFORMANCE EVALUATION has been finalized. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-50 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 RELATED PROCEDURES Chronic Absence Control Program (P.G. 205-45) Evaluations - General - Members of the Service (P.G. 205-48) Appeal of Evaluation - Uniformed Members of the Service (P.G. 205-58) FORMS AND REPORTS PERFORMANCE EVALUATION - DETECTIVES AND POLICE OFFICERS ASSIGNED TO DETECTIVE TRACK COMMANDS (Online Evaluation System) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-51 EVALUATIONS OF POLICE OFFICERS AND DETECTIVES ASSIGNED TO NON-INVESTIGATIVE DUTIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To ensure that each uniformed member of the service in the rank of police officer or detective, who is not assigned to investigative duties, is evaluated at least once each year. PROCEDURE Prior to evaluation period: COMMANDING 1. OFFICER RATER (IMMEDIATE SUPERVISOR) 2. 3. NOTE Assign supervisor(s) to evaluate performance of subordinates. Evaluate police officers annually upon completion of their probationary period on form PERFORMANCE EVALUATION POLICE OFFICER - DETECTIVE SPECIALIST (Online Evaluation System). Examine POLICE OFFICERS MONTHLY PERFORMANCE REPORTS (PD439-1414) prepared during the rating period for each police officer being evaluated in enforcement commands. The annual total of quarterly points awarded should conform to the overall evaluation. Raters should refer to P.G. 205-57, “Police Officer’s Monthly/Quarterly Performance Review and Rating System.” 4. Evaluate Detective Specialist, Detective 2nd Grade and Detective 1st Grade not assigned to investigative duties (e.g., Personnel Orders Section, Operations Unit) using form PERFORMANCE EVALUATION POLICE OFFICER - DETECTIVE SPECIALIST (Online Evaluation System). REVIEWER 5. Review and sign PERFORMANCE EVALUATION POLICE OFFICER - DETECTIVE SPECIALIST (Online Evaluation System). RATER 6. Forward completed PERFORMANCE EVALUATIONS via Department Intranet by finalizing the PERFORMANCE EVALUATION online. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) Police Officer’s Monthly/Quarterly Performance Review and Rating System (P.G. 205-57) Appeal of Evaluation - Uniformed Members of the Service (P.G. 205-58) FORMS AND REPORTS PERFORMANCE EVALUATION POLICE OFFICER - DETECTIVE SPECIALIST (Online Evaluation System) POLICE OFFICER’S MONTHLY PERFORMANCE REPORT (PD439-1414) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-52 EVALUATION OF SERGEANTS/LIEUTENANTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To ensure that each uniformed member of the service in the rank of sergeant and lieutenant is evaluated at least once each year. PROCEDURE Prior to the scheduled evaluation of uniformed members of the service: RATER 1. NOTE Raters must conscientiously evaluate probationary sergeants and lieutenants to ensure that members who are unable to satisfactorily perform their duties are identified. Interim evaluations are to be submitted when necessary, (e.g., change in the ratee’s performance, etc.). RATER 2. Evaluate probationary sergeants on form PERFORMANCE EVALUATION SERGEANT (Online Evaluation System) and probationary lieutenants on form PERFORMANCE EVALUATION LIEUTENANT (Online Evaluation System), two times during their probationary period, at the fourth and tenth month. The sixteenth month evaluation is only required for sergeants and lieutenants whose probation has been extended. 3. Evaluate sergeants and lieutenants annually upon completion of their probationary period on appropriate PERFORMANCE EVALUATION REPORTS. Confer with commanding officer, when evaluating sergeants or lieutenants assigned as precinct detective squad supervisors/commanders. Record this conferral in the “Overall Rater’s Comments” section, noting the precinct commander’s overall evaluation of the ratee. REVIEWER 4. Review and sign EVALUATION. RATER 5. Forward completed PERFORMANCE EVALUATIONS via Department Intranet by finalizing the PERFORMANCE EVALUATION online. a. Ensure a signed copy of the PERFORMANCE EVALUATION is printed out for probationary sergeants and probationary lieutenants and forwarded to Probationary Monitoring Unit, One Police Plaza, Room 1000. ADDITIONAL DATA Rater performing evaluation of a precinct detective squad supervisor or commander will confer with the precinct commanding officer to ascertain the commanding officer’s overall evaluation of the precinct detective squad supervisor/commander’s performance. Conferral with the precinct commanding officer and the precinct commanding officer’s overall evaluation will be noted in the RATER COMMENTS section of the precinct detective squad supervisor/commander’s annual performance evaluation. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) Appeal of Evaluation - Uniformed Members of the Service (P.G. 205-58) FORMS AND REPORTS PERFORMANCE EVALUATION SERGEANT (Online Evaluation System) PERFORMANCE EVALUATION LIEUTENANT (Online Evaluation System) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-53 EVALUATION OF SUB-MANAGERIAL CIVILIAN PERSONNEL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure that sub-managerial civilian members of the service are evaluated at least once each year. PROCEDURE During the evaluation period: RATER 1. NOTE A list of tasks and standards specific to each civilian title may be obtained from the Employee Management Division’s Testing and Research Unit. 2. 3. 4. Inform ratee at beginning of evaluation period of principal tasks and standards upon which ratings will be based. Record tasks and standards on page 2 of PERFORMANCE EVALUATION CIVILIAN - SUB-MANAGERIAL (PD439-152). Discuss tasks and standards entered on form with ratee. a. Enter date and sign form. b. Give form to ratee for signature. Submit form to reviewer for examination and signature. COMMANDING 5. OFFICER Prepare and forward Typed Letterhead to Assistant Commissioner, Employee Management Division, indicating that all sub-managerial civilian personnel have been interviewed concerning tasks and expected standards of performance. 6. Complete “Actual Performance Section” (page 3) of PERFORMANCE EVALUATION - CIVILIAN - SUB-MANAGERIAL at conclusion of rating period. a. Complete appropriate captions on page 1 of form. b. Rater prepares an original and two additional copies. Discuss completed evaluation with ratee. a. Have ratee sign all three copies (this signature does not mean that ratee agrees with evaluation). b. Supply one copy to ratee. Forward original and one copy to reviewer. RATER 7. 8. REVIEWER 9. COMMANDING 10. OFFICER Examine and sign form. a. After review, forward one copy to commanding officer. b. File remaining copy in ratee’s personal folder at command. Forward original to Employee Management Division with Typed Letterhead listing members who have been evaluated. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-53 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 When a sub-managerial civilian member is transferred, the commanding officer/supervisory head will direct that the PERFORMANCE EVALUATION CIVILIAN - SUB-MANAGERIAL is completed and that the form is forwarded to the Employee Management Division. The ratee will be given a copy of the form. The immediate supervisor in the new command will prepare a new PERFORMANCE EVALUATION - CIVILIAN - SUB-MANAGERIAL listing tasks and standards of the ratee’s new assignment. If ratee performs below competent standard in the overall evaluation rating, the commanding officer MUST be the reviewer. Comment on all areas rated BELOW STANDARDS or WELL BELOW STANDARDS and all areas rated ABOVE STANDARDS or WELL ABOVE STANDARDS. If excessive absence, tardiness or poor performance are cited as reasons for a BELOW STANDARDS or WELL BELOW STANDARDS rating, include a copy of the appropriate form including: CIVILIAN RECORD OF SUPERVISORY CONFERENCES (SUBMANAGERIAL) (PD433-1411), CIVILIAN LATENESS/WARNING NOTIFICATION (PD449-122), or CIVILIAN UNSATISFACTORY PERFORMANCE WARNING (PD439012), when appropriate. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) Appeal of Evaluation - Civilian Member of the Service (P.G. 205-59) FORMS AND REPORTS PERFORMANCE EVALUATION - CIVILIAN - SUB-MANAGERIAL (PD439-152) CIVILIAN RECORD OF SUPERVISORY CONFERENCES (SUB-MANAGERIAL) (PD433-1411) CIVILIAN LATENESS/WARNING NOTIFICATION (PD449-122) CIVILIAN UNSATISFACTORY PERFORMANCE WARNING (PD439-012) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-54 EVALUATION OF CAPTAIN THROUGH DEPUTY CHIEF DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure that each uniformed member of the service in the rank of captain through deputy chief, as well as police surgeons and deputy chief surgeon is evaluated at least once each year. PROCEDURE During the evaluation period: RATER 1. NOTE All newly promoted captains are on probation for a period of twelve months unless cause exists to extend such period for an additional six months. Extension of probation beyond twelve months may be authorized on a case-by-case basis. Interim PERFORMANCE EVALUATIONS are to be submitted when necessary (e.g., change in the ratee’s performance, etc). Raters must conscientiously evaluate probationary captains to ensure that members who are unable to satisfactorily perform their duties are identified. Those members in the rank of captain who are on probation, yet are serving in the capacity of commanding officer, may be rated on PERFORMANCE EVALUATION CAPTAIN THROUGH DEPUTY CHIEF (PD439-1517). The bureau chief concerned will make the determination of which evaluation instrument is best suited to the ratee. RATER 2. NOTE This evaluation instrument is based on a Management By Objectives (MBO) system. This system is flexible, allowing changes to be made to each Key Result Area as circumstances dictate. This allows raters and ratees to better address actual problems and priorities as they arise. 3. 4. 5. 6. 7. REVIEWER 8. Evaluate probationary captains three times during probationary period, on the 4th, 10th, and 16th month, if necessary, using the PERFORMANCE EVALUATION CAPTAIN (PD439-1518). Evaluate permanent captains through deputy chiefs, as well as police surgeons and deputy chief surgeons using the PERFORMANCE EVALUATION CAPTAIN THROUGH DEPUTY CHIEF. Discuss and define five Key Result Areas (KRAs) with the ratee at the beginning of the rating period. Discuss and define the “Performance Expectations” for each KRA and the “Action Plans” by which to attain results. Record the KRAs and “Performance Expectations” on page 2 of the PERFORMANCE EVALUATION CAPTAIN THROUGH DEPUTY CHIEF. Record the actual “Performance Achievements” on the form at the end of the rating period. Discuss and measure the individual’s performance during the postappraisal interview, using the predetermined criteria. Review and sign EVALUATION. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-54 REVISION NUMBER: PAGE: 08/01/13 2 of 2 RATER 9. Forward a copy of PERFORMANCE EVALUATION CAPTAIN THROUGH DEPUTY CHIEF to Director, Employee Management Division at beginning of rating period (July 1st.). ADDITIONAL DATA Captains assigned as precinct commanders will be rated by patrol borough operations commander and the patrol borough commander will serve as the reviewing officer. Deputy Inspectors and above assigned as precinct commanders will be rated by the patrol borough adjutant and the patrol borough commanding officer will serve as the reviewing officer. Rater will use PERFORMANCE EVALUATION CAPTAIN for captains that are on probation. Rater will use PERFORMANCE EVALUATION CAPTAIN THROUGH DEPUTY CHIEF for all other captain evaluations. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) Appeal of Evaluation - Uniformed Members of the Service (P.G. 205-58) FORMS AND REPORTS PERFORMANCE EVALUATION CAPTAIN THROUGH DEPUTY CHIEF (PD4391517) PERFORMANCE EVALUATION CAPTAIN (PD439-1518) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-55 EVALUATION OF ASSISTANT CHIEFS AND ABOVE/CIVILIAN MANAGERS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure that each uniformed member of the service in the rank of assistant chief and above as well as civilian employees in the management pay plan, is evaluated at least once each year. PROCEDURE During the evaluation period: RATER 1. 2. 3. 4. NOTE Discuss key responsibilities and performance expectations with ratee at the beginning of the evaluation period. a. If ratee’s immediate supervisor is transferred during the rating period, the newly assigned rater will discuss the previously determined responsibilities and expectations and determine if revisions are required. Record the key responsibilities and performance expectations in section “A” of MANAGERIAL PERFORMANCE EVALUATION (PD4391521). Assign an importance level to each responsibility. Record in section “B” the relative importance of each of the pre-identified Citywide responsibilities and performance expectations to the ratee’s specific position. Forward a copy of MANAGERIAL PERFORMANCE EVALUATION to the Director, Employee Management Division at the beginning of the rating period (January 1st). A revision in performance expectations or key responsibilities may be made at any time during the evaluation period. When a revision is made, the ratee must be notified and a new MANAGERIAL PERFORMANCE EVALUATION must be prepared, including a notation identifying the change, signed by both the rater and ratee. 5. 6. Assign ratings to key responsibilities and discuss with ratee at end of rating period. Forward completed MANAGERIAL PERFORMANCE EVALUATION to reviewer. 7. Review, sign and forward completed MANAGERIAL PERFORMANCE EVALUATION to Director, Employee Management Division. COMMANDING 8. OFFICER/ SUPERVISORY HEAD Ensure that an evaluation is prepared and forwarded to Director, Employee Management Division if ratee is transferred during rating period. REVIEWER NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-55 REVISION NUMBER: PAGE: 08/01/13 9. NEW COMMANDING OFFICER/ SUPERVISORY HEAD 2 of 2 Discuss key responsibilities and performance expectations with ratee and enter on new MANAGERIAL PERFORMANCE EVALUATION. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) Appeal of Evaluation - Uniformed Members of the Service (P.G. 205-58) Appeal of Evaluation - Civilian Member of the Service (P.G. 205-59) FORMS AND REPORTS MANAGERIAL PERFORMANCE EVALUATION (PD439-1521) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-56 POLICE OFFICER'S ANNUAL EVALUATION UTILIZING THE MONTHLY/QUARTERLY PERFORMANCE REVIEW AND RATING SYSTEM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure that the Annual Overall Evaluation rating assigned to a police officer on the annual PERFORMANCE EVALUATION POLICE OFFICER DETECTIVE SPECIALIST (Online Evaluation System) corresponds to the annual total of quarterly points awarded under the Police Officer’s Monthly/Quarterly Performance Review and Rating System PROCEDURE When preparing annual evaluations of police officers and detective specialists: RATER 1. NOTE The POLICE OFFICER’S MONTHLY PERFORMANCE REPORTS and the Monthly/Quarterly Performance Review and Rating System should be the primary basis and documentation for the annual evaluation of police officers. 2. Examine POLICE OFFICER’S MONTHLY PERFORMANCE REPORTS (PD439-1414) prepared during the rating period for each police officer assigned to patrol duties being evaluated in enforcement commands. Assign Overall Evaluation using the following chart that illustrates the expected correlation between total annual points earned and the assignment of the annual Overall Evaluation. TOTAL ANNUAL POINTS 60-68 55-59 48-54 40-47 BELOW 40 OVERALL EVALUATION 4.5 TO 5.0 4.0 TO 4.5 3.5 TO 4.0 3.0 2.5 AND BELOW NOTE In assigning quarterly points during the year, supervisors must expect to avoid any inconsistency between the sum of quarterly points to be totaled at the end of the year for a police officer and the rating designation in the Overall Evaluation category on the PERFORMANCE EVALUATION. REVIEWER 3. NOTE The Monthly Quarterly Performance Review and Rating System, when used properly, will provide an indication of the appropriate Overall Evaluation. There will, however be exceptions to this general rule. When there is a manifest difference between a police officer’s annual total of quarterly points and the Overall Evaluation, the rater must explain and justify this imbalance in the Overall Rater’s Comments section of the PERFORMANCE EVALUATION. Reviewers must ensure that such discrepancies are justified. If there is no clear explanation, the PERFORMANCE EVALUATION will be rejected by the Employee Management Division and the form will require reexamination at the command level. Ensure that raters accurately and fairly assign Overall Evaluations and that such Overall Evaluations reflect actual performance as measured by the Monthly/Quarterly Performance Review and Rating System. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-56 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) Police Officer’s Monthly/Quarterly Performance Review and Rating System (P.G. 205-57) FORMS AND REPORTS POLICE OFFICER’S MONTHLY PERFORMANCE REPORT (PD439-1414) PERFORMANCE EVALUATION POLICE OFFICER - DETECTIVE SPECIALIST (Online Evaluation System) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-57 POLICE OFFICER'S MONTHLY/QUARTERLY PERFORMANCE REVIEW AND RATING SYSTEM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 9 PURPOSE To evaluate the monthly/quarterly performance of police officers/detective specialists assigned to patrol duties, and to identify and reward uniformed members of the service involved in enforcement activity (as defined below) by providing them with up to four career path points on an annual basis. SCOPE The Police Officer’s Monthly/Quarterly Performance Review and Rating System, utilizing the POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT (PD439-1424), measures the performance levels of uniformed members of the service and identifies those members who are performing above standards, competent, and below standards. This procedure also provides direction to address substandard performance. Uniformed members assigned to an enforcement command (e.g., precinct, police service area (PSA), transit district, borough task force, etc.) will be assessed monthly utilizing the POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT and rated quarterly utilizing the “Supervisor’s Quarterly Performance Review” located on the rear of the POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. Uniformed members with the following assignments will utilize the POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT: a. b. c. d. e. f. g. h. Foot Patrol RMP/Sector Anti-Crime SNEU Community Policing Officer Conditions/Details Bicycle Patrol Youth Officer i. j. k. l. m. n. Train Patrol School Conditions Summons Officer Homeless Outreach Domestic Violence Prevention Officer Other assignment as determined by the Chief of Personnel Uniformed members of the service whose duties do not involve enforcement activity will not prepare the POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT unless those members have been temporarily assigned to perform enforcement duty (e.g., “All Out” enforcement, other enforcement/patrol duty, etc.). Such positions include: a. b. c. d. e. Community Affairs Officer Traffic Safety Officer Crime Prevention Coordinator Auxiliary Police Coordinator Planning Officer NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-57 REVISION NUMBER: PAGE: 08/01/13 2 of 9 PROCEDURE When preparing monthly/quarterly performance reviews of police officers and detective specialists utilizing the Police Officer’s Monthly/Quarterly Performance Review and Rating System: DESIGNATED SUPERVISOR 1. 2. Access the Quest for Excellence application at the beginning of each month and print the corresponding POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT (PD439-1424) for members assigned to squad/unit. Distribute POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS to members of squad/unit. NOTE The platoon commander/special operations lieutenant will ensure POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS are printed and distributed to members if the designated supervisor is unavailable. UNIFORMED MEMBER OF THE SERVICE 3. NOTE Uniformed members of the service, in consultation with the patrol supervisor, will utilize the current COMMAND CONDITIONS REPORT in identifying the two primary conditions to be addressed within their assigned sector/post. 4. 5. Prepare daily and carry in regulation leather binder POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. Document daily the following on POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT: a. Assignment (e.g., Sector, Patrol Post, Telephone Switchboard Operator, etc.) b. Two identified conditions to be addressed within sector/post assigned. c. Activity performed. Submit POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT to designated supervisor for review and signature on the seventh, fourteenth, and twenty-first day of every month. DESIGNATED SUPERVISOR 6. Review member’s activity and sign POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT following the seventh, fourteenth, and twenty-first day of every month. NOTE As part of the weekly review, the designated supervisor will compare the member’s current monthly activity as it pertains to the member’s daily assignment and the two identified conditions to be addressed within the sector(s)/post(s) assigned. The member’s ACTIVITY LOG (PD112-145) may also be reviewed if the member has documented additional information ascertained from community interactions, summonses issued, arrests made, reports prepared or other actions taken. This review will provide the supervisor with a weekly opportunity to evaluate the uniformed member’s performance in proactively addressing sector conditions. The supervisor must indicate to each uniformed member an assessment of the quality and caliber of the officer’s efforts. Weekly reviews of the POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT will be conducted by the platoon commander/special operations lieutenant in the absence of the squad/unit sergeant. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-57 REVISION NUMBER: PAGE: 08/01/13 3 of 9 DESIGNATED SUPERVISOR (continued) 7. Return POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT to uniformed member immediately upon review and signature. UNIFORMED MEMBER OF THE SERVICE 8. Complete captions on the rear side of the REPORT indicating the total activity at the end of the month and list any additional comments pertaining to actions taken to address declared conditions. Submit POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT to designated sergeant by the second day of the month for the previous month. a. Submit REPORT prior to leave, or if not possible, without delay upon return to duty if scheduled for vacation or other leave. 9. DESIGNATED SUPERVISOR 10. 11. 12. NOTE Review completed POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. Complete “Officer’s Impact on Declared Conditions” section on rear of POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. a. Check appropriate box to indicate uniformed member’s impact on declared conditions (e.g., □ Effective, □ Ineffective). b. Provided justification as to why uniformed member of the service received an effective rating or ineffective rating. In addition, document failure to address identified conditions by uniformed member. Discuss POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT with uniformed member of the service. a. Make entry in “Discussed with MOS” caption. Supervisors should promptly provide direction when a deficiency or the need for improvement is noted upon review of the POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. In cases where a uniformed member’s performance fails to address sector conditions, the designated supervisor will notify their platoon commander/special operations lieutenant. The platoon commander/special operations lieutenant, in conjunction with the designated supervisor, will take appropriate steps to improve the police officer’s performance. These steps include, but are not limited to, assisting the police officer in identifying the conditions to be addressed, referring the police officer to Performance Enhancement Training or assigning the police officer to work with a supervisor or squad that effectively addresses sector conditions through community interaction, the issuance of summonses, effecting arrests, etc. Failure to utilize effective enforcement strategies will be documented. Supervisors will use available Department data collection resources to verify activity. In addition, arrests, summonses, and STOP, QUESTION AND FRISK REPORTS (PD344-151A), etc., will be verified against Department records. Audits of the Online Booking Arrest System (O.L.B.S.) and the Electronic Summons Tracking System will be conducted by the integrity control officer to ensure the accuracy of entries of the POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. Discrepancies identified will be corrected and addressed in an appropriate manner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-57 REVISION NUMBER: PAGE: 08/01/13 4 of 9 DESIGNATED SUPERVISOR (continued) 13. NOTE Supervisors will be responsible to verify the POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT of each member under their supervision a minimum of once each quarter. Supervisors will note in the “Comments by Squad Supervisor” section of SQUAD SUPERVISOR’S RECAPITULATION, the member(s) of the service verified each month. Lieutenants will monitor sergeants under their supervision to ensure compliance. POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT will be submitted to and reviewed by the designated supervisor each month of the calendar year. The Quarterly Performance Review, which includes the supervisor’s quarterly rating for the member, will be completed on a quarterly basis at the beginning of January, April, July and October. The time period covered will be the previous three months. Squad/detail sergeants will be similarly evaluated by platoon commanders/special operations lieutenants on a quarterly basis utilizing the QUARTERLY ASSESSMENT OF SQUAD SERGEANT (PD439-1425). PLATOON COMMANDER/ SPECIAL OPERATIONS LIEUTENANT 14. Sign POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. Prepare SQUAD SUPERVISOR’S RECAPITULATION (PD439-1418), utilizing the Quest for Excellence application by the fifth day for the previous month. 15. Deliver completed POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS to platoon commander/special operations lieutenant by the fifth day for the previous month. 16. Review and sign POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. Access the Quest for Excellence application. a. Review and sign-off on SQUAD SUPERVISOR’S RECAPITULATION by the seventh day of the month. Forward completed POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS to operations coordinator by the seventh day following month for which submitted. 17. 18. 19. Create a new POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT folder for previous month within the Quest for Excellence application. a. Ensure completed POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS are scanned into the new folder utilizing appropriate command coversheet. COMMANDING 20. OFFICER Log in to Quest for Excellence application and review completed POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS. OPERATIONS COORDINATOR NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-57 REVISION NUMBER: PAGE: 08/01/13 5 of 9 EACH JANUARY, APRIL, JULY AND OCTOBER DESIGNATED SUPERVISOR 21. 22. 23. 24. Conduct Supervisor’s Quarterly Performance Review on the rear of POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT within seven days following the quarter for which the review is due (January-March, April-June, July-September and October-December). a. Interview member in a private setting and discuss specific activity and overall performance. b. Review activity for all three months of the quarter. c. Note any outstanding action or achievement in “ADDITIONAL COMMENTS” section of the Supervisor’s Quarterly Performance Review. Examples of outstanding action or achievement include bribery arrests, pattern robbery arrest or other action, which significantly impacts on crime or issues of community concern. d. Note deficiencies and need for improvement along with direction provided or corrective action taken, if applicable, in the “Additional Comments” section. Include notation if member is designated chronic sick or is the subject of any disciplinary action during the quarter. Complete all applicable sections on reverse side of report, including numerical rating of member’s performance. Discuss Supervisor’s Quarterly Performance Review with uniformed member of the service. Sign reverse side of POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. UNIFORMED MEMBER OF THE SERVICE 25. Sign reverse side of POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT acknowledging that the Supervisor’s Quarterly Performance Review was discussed. DESIGNATED SUPERVISOR 26. Sign and deliver completed Supervisor’s Quarterly Performance Review to platoon commander/special operations lieutenant by the seventh day of the month following the reporting period. NOTE In cases where a uniformed member’s performance fails to address sector conditions, the designated supervisor will notify their platoon commander/special operations lieutenant. The platoon commander/special operations lieutenant, in conjunction with the designated supervisor, will take appropriate steps to improve the police officer’s performance as previously indicated. Police officers who are ineffective, who do not demonstrate activity impacting on identified crime and conditions, or who avoid engaging in proactive activity, despite the existence of crime and public safety violations, should be evaluated appropriately and their assignments re-assessed. Continued failure to address sector/post conditions will be documented on an Interim or Annual PERFORMANCE EVALUATION. If after training, mentoring and hands-on instruction, the uniformed member continues to fail in addressing sector/post conditions, the member will be referred to the Employee Management Division’s Performance Monitoring Unit for placement in the appropriate level of performance monitoring, transfer, reassignment or other appropriate disciplinary action. Quarterly, each precinct will notify their borough in writing of uniformed members of the service who are under-performing. The boroughs will provide oversight and direction in monitoring and improving their performance. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-57 REVISION NUMBER: PAGE: 08/01/13 6 of 9 PLATOON COMMANDER/ SPECIAL OPERATIONS LIEUTENANT 27. Review Supervisor’s Quarterly Performance Review. a. Concur with rater, sign and enter comments; or b. If discrepancy noted between performance and rating, return to rater for re-evaluation and re-interview of ratee. NOTE Supervisor’s Quarterly Performance Review rating points will not be awarded until platoon commander/special operations lieutenant reviews and concurs with rating. Supervisor’s Quarterly Performance Review may be appealed to the next higher-ranking supervisor. In all cases, the precinct commander will make the final determination. 28. Sign and deliver Supervisor’s Quarterly Performance Review to the operations coordinator by the tenth day of the month following the reporting period. OPERATIONS COORDINATOR 29. Ensure Supervisor’s Quarterly Performance Reviews are scanned into the Quest for Excellence application utilizing appropriate command coversheet. PLATOON COMMANDER/ SPECIAL OPERATIONS LIEUTENANT 30. Access the Quest for Excellence application and prepare QUARTERLY ASSESSMENT OF SQUAD SERGEANT by the tenth day following the quarter for which the review is due (January-March, April-June, JulySeptember and October-December). a. Note deficiencies and need for improvement along with direction provided or corrective action taken, if applicable, in the “Comments by Lieutenant/SOL/PLT Commander” section. Include notation if member is designated chronic sick or is the subject of any disciplinary action during the quarter. Complete all applicable sections, including “Overall Rating” of squad supervisor’s performance. a. Provide justification as to why squad sergeant was given an effective or ineffective rating. Discuss QUARTERLY ASSESSMENT OF SQUAD SERGEANT with squad/detail supervisor. Sign-off on QUARTERLY ASSESSMENT OF SQUAD SERGEANT. 31. 32. 33. 34. Sign-off on QUARTERLY ASSESSMENT OF SQUAD SERGEANT acknowledging that the QUARTERLY ASSESSMENT OF SQUAD SERGEANT was discussed. COMMANDING 35. OFFICER Access the Quest for Excellence application and review Supervisor’s Quarterly Performance Reviews and QUARTERLY ASSESSMENT OF SQUAD SERGEANTS. a. Comment and sign-off on QUARTERLY ASSESSMENT OF SQUAD SERGEANTS. SQUAD/DETAIL SERGEANT NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-57 REVISION NUMBER: PAGE: 08/01/13 COMMANDING 36. OFFICER (continued) 37. 7 of 9 Personally conduct Performance Interview for those members who receive a numerical rating below twelve points for any quarter. a. Provide direction and/or take necessary corrective action to improve member’s performance b. Inform member that continued unsatisfactory performance will, absent mitigating circumstances, result in the imposition of sanctions by Borough Personnel Review Board c. Record and file results of interview. Forward printed copy of POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT, including Supervisor’s Quarterly Performance Review, SQUAD SUPERVISOR’S RECAPITULATION, QUARTERLY ASSESSMENT OF SQUAD SERGEANT and record of performance interview of those members who receive a numerical rating below twelve points in any two quarters within a one year period, to the Borough Commander. BOROUGH COMMANDER 38. Direct Borough Personnel Review Board to review all cases of members who receive a rating below twelve points in any two quarters within a one year period. BOROUGH PERSONNEL REVIEW BOARD 39. Review cases and recommend corrective action to be taken. Corrective action may include change of assignment within the command, intraborough or interborough transfer and/or disciplinary action. BOROUGH COMMANDER 40. Review recommendations of Borough Personnel Review Board and make final determination and/or recommendation. a. Endorse recommendation concerning interborough transfer and/or disciplinary action, through channels, to the Chief of Personnel. ADDITIONAL DATA Only those uniformed members of the service who are assigned to a patrol precinct, PSA, transit district or borough task force command or other enforcement units as directed by the Chief of Personnel and primarily perform enforcement duties will be rated according to the Quarterly Performance Review and Rating System; accordingly, only those officers involved in enforcement activity will be eligible to receive up to four additional Career Program points. Members assigned to non-enforcement duties may accrue Career Program Points based upon the guidelines contained in P.G. 205-15, “Police Officer’s/Detective Specialist’s Career Program.” Commanding officers will be responsible for determining performance standards within their respective commands and resolving all issues with their command relative to the Monthly/Quarterly Performance Review and Rating System. Precinct, PSA and transit district commanding officers will also review and direct the conditions to be addressed consistent with applicable crime control strategies and areas of community concern. POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS and Quarterly Performance Review and Rating System should be the primary basis and documentation for members’ annual evaluation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-57 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 8 of 9 POLICE OFFICER’S/DETECTIVE SPECIALIST QUARTERLY PERFORMANCE RATING GUIDELINES 1. Officer Took Initiative In Correcting Conditions. Points: 3 Above Standards 2 Competent 1 Below Standards 2. Officer’s Enforcement Activity Addressing Declared Conditions. Points: 3 Above Standards 2 Competent 1 Below Standards 3. Officer Took Appropriate Follow-Up Steps To Properly Address Conditions. Points: 3 Above Standards 2 Competent 1 Below Standards 4. Officer’s Administrative Reports Were Accurate. Points: 3 Above Standards 2 Competent 1 Below Standards 5. Officer Related Well During Community Interactions. Points: 3 Above Standards 2 Competent 1 Below Standards 6. Officer Presented An Overall Professional Image. 2 Yes 1 No Supervisor must note achievement/outstanding action in “Additional Comments” section. 7. Additional Comments: These are comments that supervisors must make on member’s overall performance. When deficiencies are noted, comments will include directions provided and/or corrective actions taken to improve performance. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-57 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 9 of 9 QUARTERLY PERFORMANCE RATING POINT SYSTEM CATEGORIES IN PERFORMANCE Quarter Annual Officer Took Initiative In Correcting Conditions Officer’s Enforcement Activity Addressing Declared Conditions Officer Took Appropriate Follow-Up Steps To Properly Address Conditions Officer’s Administrative Reports Were Accurate Officer Related Well During Community Interactions Officer Presented An Overall Professional Image 3 3 3 12 12 12 3 3 2 12 12 8 Total 17 68 Annual Points 60-68 55-59 48-54 40-47 Below 40 Career Points 4 3 2 0 Review QUARTERLY REVIEW INTERVIEW - Process to include: Discussion of current performance Discussion of achievements and/or deficiencies Future Direction Awarding of Quarterly Rating Points RELATED PROCEDURES Police Officer’s/Detective Specialist’s Career Program (P.G. 205-15) Evaluations - General - Members of the Service (P.G. 205-48) Police Officer’s Annual Evaluation Utilizing the Monthly/Quarterly Performance Review and Rating System (P.G. 205-56) FORMS AND REPORTS POLICE OFFICER’S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT (PD439-1424) SQUAD SUPERVISOR’S RECAPITULATION (PD439-1418) QUARTERLY ASSESSMENT OF SQUAD SERGEANT (PD439-1425) COMMAND CONDITIONS REPORT NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-58 APPEAL OF EVALUATION - UNIFORMED MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To permit a uniformed member of the service in permanent rank to appeal his/her evaluation. SCOPE This procedure does not apply to uniformed members of the service who are in the rank on probation (e.g., entry-level probationary police officers, probationary sergeants, probationary lieutenants or probationary captains). PROCEDURE When a uniformed member in permanent rank wants to appeal a PERFORMANCE EVALUATION: RATER 1. Inform commanding officer. COMMANDING OFFICER 2. Act as initial hearing officer. a. Schedule interview with members concerned (i.e., rater, reviewer and ratee named on PERFORMANCE EVALUATION form), within thirty days of appeal notice. NEXT HIGHER COMMAND 3. Schedule interview and serve as the hearing officer if the commanding officer is the rater on the PERFORMANCE EVALUATION form. COMMANDING 4. 5. OFFICER/ NEXT HIGHER COMMAND Attempt to resolve the appeal. Notify the Employee Management Division, Performance Analysis Section, via Typed Letterhead, within thirty days of the hearing, detailing the outcome of the hearing or whether the member is going to continue the appeal process to the next level. RATEE 6. Submit a report on Typed Letterhead, within thirty days of the hearing, if appeal is NOT RESOLVED at rater/commanding officer/next higher command level, as follows: a. Uniformed members of the service below the rank of captain Personnel Officer concerned. b. Captains and above – Personnel Officer, Deputy Commissioner, Personnel. PERSONNEL OFFICER CONCERNED 7. Review the matter by interviewing appropriate parties and examining pertinent records. Present findings to Borough/Bureau Commanding Officer or Deputy Commissioner, Personnel. 8. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-58 REVISION NUMBER: PAGE: 08/01/13 2 of 2 BOROUGH/ BUREAU COMMANDING OFFICER/ DEPUTY COMMISSIONER, PERSONNEL 9. Evaluate findings presented by personnel officer and render decision. PERSONNEL OFFICER CONCERNED 10. Report decision of Borough/Bureau Commanding Officer or Deputy Commissioner, Personnel in triplicate, within thirty days of receipt of Typed Letterhead and interview of parties, as follows: a. ORIGINAL - to reviewer named on evaluation form, who will inform rater and ratee of findings and direct preparation of new evaluation, if necessary. Place a copy of report in ratee’s command personnel folder. b. DUPLICATE - to member appealing (i.e., ratee) c. TRIPLICATE - forward to Employee Management Division’s Performance Analysis Section for inclusion in ratee’s personnel folder. ADDITIONAL DATA CAUSE FOR AN APPEAL OF PERFORMANCE EVALUATION A uniformed member of the service in permanent rank has the right to appeal the contents, recommendations or overall rating of his/her performance evaluation, ONLY if cause for appeal stems from: a. Factual error b. Rater’s misinterpretation of instructions c. Bias or prejudice on the part of the rater d. PERFORMANCE EVALUATION is completed and based upon OTHER THAN performance factors. A uniformed member of the service has the right to review comments and recommendations made by a reviewer named on the PERFORMANCE EVALUATION form; however, such comments and recommendations are not causes for appeal by the ratee. Such a review by the ratee is for the ratee’s informational purposes only. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-59 APPEAL OF EVALUATION - CIVILIAN MEMBER OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To permit a civilian member of the service to appeal an evaluation. SCOPE This procedure does not apply to individuals who have not completed their probationary period or have served less than two years in a provisional status. PROCEDURE When a civilian member wants to appeal a performance evaluation: RATER 1. COMMANDING 2. OFFICER NOTE Inform commanding officer. Schedule interview with members concerned (rater, reviewer and ratee), within thirty days of appeal notice. If the commanding officer is also the rater, the rater’s immediate supervisor will schedule the interview and serve as the reviewer. If ratee performs below desirable standard, commanding officer MUST be reviewer. 3. NOTE Attempt to resolve appeal. If the matter is not resolved after review by the commanding officer, upon the written request of the ratee to the respective bureau/borough personnel officer for further appeal, a review board will be empanelled at the borough or equivalent level. The respective bureau/borough personnel officer will be responsible for convening the review board. The review board must resolve the appeal within thirty days from receipt of the written request for appeal to the respective bureau/borough personnel officer. For Patrol Services Bureau personnel, the review board will consist of: a. Borough personnel officer b. Borough adjutant c. Borough Equal Employment Opportunity (EEO) liaison d. Commanding officer from other than the command of the ratee. For bureaus or divisions other than the above, the review board will consist of: a. Personnel officer b. Bureau executive officer c. EEO liaison d. Division commander from other than the command of the ratee. RATEE 4. Prepare Typed Letterhead, to respective bureau/borough personnel officer requesting further appeal, if appeal is not resolved at the command level, and further review is desired. PERSONNEL OFFICER 5. Convene review board. a. Appeal must be resolved within thirty days of receipt of request for appeal. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-59 REVISION NUMBER: PAGE: 08/01/13 b. PERSONNEL OFFICER (continued) 2 of 2 Review board will prepare report in triplicate and forward copies to ratee, rater and Employee Management Division’s Performance Analysis Section for inclusion in member’s personal folder. NOTE The determination of the review board may be further appealed to the Police Commissioner or his/her designee for a final determination. RATEE 6. NOTE The Police Commissioner or his/her designee will make written notification of the final determination of ratee’s appeal. Prepare Typed Letterhead, to the Police Commissioner requesting final review if further appeal beyond the determination of the review board is desired. A civilian member of the service has the right to appeal the contents, recommendations or overall rating of his/her performance evaluation, ONLY if cause for appeal stems from: a. Factual error b. Rater’s misinterpretation of instructions c. Bias or prejudice on the part of the rater d. Evaluation is based upon OTHER THAN performance factors. A civilian member of the service has the right to review comments and recommendations made by a reviewer; however, such comments and recommendations are not cause for appeal. Such a review is solely for the ratee’s informational purposes. RELATED PROCEDURES Evaluation - General - Members of the Service (P.G. 205-48) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-60 REPORTING TO DEPARTMENT SURGEON AND RETURNING TO DUTY FROM SICK REPORT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To ensure the appropriate procedures are followed when a member of the service reports to the Department surgeon and when the member is directed to return to duty. PROCEDURE When a member of the service has reported sick as per P.G. 205-01, “Reporting Sick,” and is not eligible for, or declines Administrative Return: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Uniformed members of the service are NOT to bring their children to the Department Surgeon’s Office, because children and uniformed members of the service present in the waiting room may be susceptible to illness. COMMANDING 2. OFFICER Report to assigned district surgeon at next regular office hours, EXCEPT; a. Member designated Chronic Absent – Category B, will report to the Medical Division, Special Medical District, 1 Lefrak City Plaza, 16th Floor, Corona, New York 11368 at next regular office hours b. Member reporting sick on Friday or Saturday will report to Medical Division, Weekend Surgeon, 1 Lefrak City Plaza, 16th Floor, Corona, New York 11368, at 1000 hours the following day c. Member unable to travel will remain at place of confinement and phone assigned district surgeon or “weekend” surgeon during next office hours d. Member with dental problems will be guided by the Sick Desk supervisor/member regarding reporting requirements. Telephone member’s district surgeon, in all cases, if member has been on sick report for five workdays, ascertain estimated dates of return and enter information on ABSENCE AND TARDINESS RECORD (PD433-145). UPON BEING DIRECTED TO RETURN TO DUTY BY A DEPARTMENT SURGEON: UNIFORMED MEMBER OF THE SERVICE 3. 4. 5. DESK OFFICER/ SUPERVISOR 6. Immediately notify desk officer/supervisor, by telephone, of time and date to report for duty. a. Include limitations, if any, on type of duty to be performed. Report for duty when ordered. Deliver SICK REPORT RETURN (PD429-131) and/or ASSIGNMENT TO LIMITED CAPACITY (PD406-050) to desk officer/supervisor upon return to duty. Make entry indicating member’s return to duty in Telephone Record upon receipt of telephone notification. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-60 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 3 Cooperate with supervisor, regardless of rank, who has been dispatched by competent authority, (e.g., Commanding Officer-Medical Division, Internal Affairs Group, precinct commanding officer or duty captain, etc.) to visit member on sick report, and directs such member to comply with lawful order/instruction (e.g., appear in court, Trial Room, in front of an investigatory unit, etc.). Uniformed members of the service, who have not been classified as chronic absent, or who have not been referred for supervision, and who have any of the following medical conditions, as per the Department surgeon’s diagnosis, will NOT be the subject of routine supervisory visits or telephone calls: a. Heart condition b. Broken limbs c. Post surgical convalescence d. Illnesses diagnosed by Department surgeon as likely to be of a duration in excess of six months, after conferral with the Supervising Chief Surgeon e. Pregnancy. A uniformed member of the service on sick report in any of the above categories (subdivisions “a” through “e”) may be given a sixteen hour pass. However, should the district surgeon determine that issuance of such a pass would adversely affect the member’s health or impede the member’s recovery; such pass may be reduced accordingly. Once the pass is issued, it shall not be revoked unless the member: a. Engages in activities which would tend to prolong or aggravate the disability b. Fails to cooperate with a Department surgeon or the Commanding Officer, Medical Division c. Fails to comply with orders or directions or violates any provision of the Patrol Guide relative to sick leave abuse. A uniformed member of the service whose medical condition is NOT listed in the second paragraph of the “ADDITIONAL DATA” statement (subdivisions “a” through “e”), may also be granted permission to leave his/her residence while on sick report for a period of time as determined by the district surgeon. Prior to granting such permission, the surgeon must certify that: a. The member is unable to perform in a limited/restricted duty status b. It will not adversely affect the member’s health c. It will not prolong or impede the member’s return to duty. The permission granted may be revoked at any time by the Commanding officer, Medical Division, or designee, upon appropriate notice to the member and the district surgeon concerned. In case of serious need or emergency, a uniformed member may request permission to leave his residence at a time other than that specified by the district surgeon. Such request should be directed to the Sick Desk supervisor. In addition, requests to leave residence to obtain medical services, food, household necessities or church attendance, voting, etc., are routinely granted by the Sick Desk supervisor at times other than that specified by the district surgeon. Permission to leave residence should be denied or revoked only if a violation of the guidelines takes place or if activities requested would hinder recovery. The Sick Desk supervisor shall notify the district surgeon at the next office hours, when such permission is granted, to ensure that leaving residence is not inconsistent with the member’s medical condition and/or had not previously been denied by the surgeon. District surgeons are responsible for notifying the Supervising Chief Surgeon and Commanding Officer, Medical Division, of the identities of members granted: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-60 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 a. b. 3 of 3 Non-supervisory privileges Permission to leave his/her residence on specific dates and times which will be indicated on PERMISSION TO LEAVE RESIDENCE WHILE ON SICK REPORT (PD429-051), a copy of which will be given to the sick member. A uniformed member of the service on sick report may not leave the confines of the City or residence counties without the approval of the Chief of Personnel. A request for such permission is made through the member’s district surgeon on ABSENCE FROM CITY WHILE ON SICK LEAVE (PD429-161). Members will be contacted on a weekly basis by their district surgeon during absence from residence counties. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Chronic Absence Control Program (P.G. 205-45) Pregnancy Leave For Uniformed Members Of The Service (P.G. 205-27) Absence Control (A.G. 318-12) Notifying Court, Trial Room or Other Agencies When Member Reports Sick (P.G. 20561) FORMS AND REPORTS ABSENCE AND TARDINESS RECORD (PD433-145) ASSIGNMENT TO LIMITED CAPACITY (PD406-050) PERMISSION TO LEAVE RESIDENCE WHILE ON SICK REPORT (PD429-051) SICK REPORT (PD429-122) SICK REPORT RETURN (PD429-131) ABSENCE FROM CITY WHILE ON SICK LEAVE (PD429-161) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-61 NOTIFYING COURT, TRIAL ROOM OR OTHER AGENCIES WHEN MEMBER OF THE SERVICE REPORTS SICK DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To notify court, Trial Room or other government agency when a member of the service reports sick and is unable to attend a pending arraignment or scheduled appearance. PROCEDURE When illness, injury or any other physical/psychological condition prevents the performance of duty and the member of the service has a pending arraignment, or scheduled appearance in court, the Trial Room, or any other governmental agency: UNIFORMED MEMBER OF THE SERVICE 1. 2. Comply with P.G. 205-01, “Reporting Sick.” Inform desk officer/supervisor at assigned command of any pending arraignment, or scheduled appearance in court, the Trial Room, or any other government agency when reporting sick. DESK OFFICER/ SUPERVISOR 3. Make entry in Command Diary of any scheduled court appearance or other agency appearance, under date of scheduled appearance AND under date two days prior to appearance date (exclusive of Saturday, Sunday or holidays). Notify borough court section concerned if sick member is unable to appear for pending arraignment. 4. 5. ROLL CALL CLERK Notify the court or other agency concerned immediately of the member of the service’s inability to attend due to being on sick report. WHEN MEMBER OF THE SERVICE IS ON SICK REPORT OPERATIONS COORDINATOR/ PRINCIPAL ADMINISTRATIVE ASSOCIATE 6. 7. Telephone district surgeon to determine if member is capable of appearing at scheduled court appearance when member remains on sick report two days prior to such scheduled appearance. Notify member to appear if district surgeon approves and telephone Sick Desk of surgeon’s determination. ROLL CALL CLERK 8. NOTE If member reports sick on a scheduled appearance date, make immediate notification to court or other agency concerned. 9. 10. Notify Criminal Court, Trial Room or other government agency and request adjournment two days before appearance date, if member is unable to appear. Notify the court, if other than Criminal Court, on the morning of the appearance date if the member is unable to appear. Enter notifications to district surgeons, courts, etc., regarding scheduled appearances of members on sick leave in Telephone Record. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-61 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 NOTE A uniformed member on sick report whose condition changes after being directed to appear in court or before another agency, thereby preventing a scheduled appearance, will notify the roll call clerk or desk officer/supervisor, as appropriate. The roll call clerk/desk officer/supervisor will make required notifications. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Reporting to Department Surgeon and Returning to Duty From Sick Report (P.G. 205-60) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-62 FIREARMS PROFICIENCY REQUIREMENT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To ensure that uniformed members demonstrate and maintain minimum proficiency in the use of firearms. SCOPE This procedure will apply when a uniformed member, who claims to be medically and/or psychologically unable to use firearms, is deemed fit for full duty by the Medical Division. PROCEDURE Upon being deemed fit for full duty assignment: UNIFORMED MEMBER OF THE SERVICE 1. 2. Report as directed by Commanding Officer, Medical Division to the Firearms and Tactics Section for firearms qualification. Demonstrate proficiency by achieving the Department’s standard passing score. UPON FAILURE OF UNIFORMED MEMBER OF THE SERVICE TO QUALIFY WITH FIREARM(S) SUPERVISOR, FIREARMS AND TACTICS SECTION 3. 4. Notify Absence Control and Investigations Unit (ACIU) immediately. Fax FIREARMS SCORE SHEET (PD124-141) to ACIU. SUPERVISOR, ABSENCE CONTROL AND INVESTIGATIONS UNIT 5. Direct uniformed member of the service concerned to report to medical specialist designated by the Medical Division for examination. Maintain appropriate records of notifications and the results of said examination. Request member to complete Notice of Failure to Qualify with Firearms. Witness signature of member on Notice. a. Retain original for unit file b. Provide member concerned with copy. Advise member of the availability of remedial firearms training. 6. 7. 8. 9. NOTE Uniformed members must demonstrate and maintain minimum proficiency in the use of firearms. The Department’s policy is that minimum proficiency is a condition of employment for uniformed members. Members failing to qualify within ninety days of signing the Notice of Failure to Qualify With Firearms will receive CHARGES AND SPECIFICATIONS (PD468-121) and face an administrative hearing under Section 75 of the New York State Civil Service Law, “Removal and Other Disciplinary Action.” Members found to be incompetent after an administrative hearing will be removed from the Department. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 205-62 REVISION NUMBER: PAGE: 08/01/13 2 of 3 IF MEMBER HAS NOT QUALIFIED WITHIN 90 DAYS OF NOTICE SUPERVISOR, ABSENCE CONTROL AND INVESTIGATIONS UNIT 10. 11. NOTE Members of the service are reminded that existing Department programs provide one hundred rounds of ammunition and the use of a Department firearms range for practice. Members are also reminded that it is their responsibility to take corrective action on their own time and at their own expense. Instruction is available through the Firearms and Tactics Section by appointment. Members may call to arrange for training. Consult with Department Advocate’s Office. Comply with P.G. 206-05, “Preparation of Charges and Specifications” as appropriate. Commands will photocopy and utilize the Notice of Failure to Qualify With Firearms, depicted in Appendix “A”, as necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 205-62 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 APPENDIX “A” Notice of Failure to Qualify With Firearms Date: ________________ TAKE NOTICE that you have failed to achieve the minimum passing score in your most recent attempt at firearms qualifications on (date): __________________________. You have not qualified with firearms since (date): ___________________________. This Department has deemed you medically and/or psychologically fit to perform full duty with firearms. Firearms proficiency is an essential function of the job of police officer and is a condition of your employment as a uniformed member of the service. You are hereby required to demonstrate and maintain minimum firearms proficiency within ninety days of this notice. It is your responsibility to contact the Firearms and Tactics Section and take the firearms requalification course. If you fail to do so, the Department will schedule an appointment for you to take this course prior to ninety days after the date of this notice. Your failure to demonstrate minimum proficiency within the above time limit will result in formal action being taken against you pursuant to Section 75 of the New York State Civil Service Law, “Removal and Other Disciplinary Action.” If there is an affirmative finding of incompetence after an administrative hearing which is approved by the Police Commissioner, this action will result in your removal from the Department. You are reminded that existing Department programs provide one hundred rounds of ammunition and use of a Department range for practice. In addition, you may contact the Firearms and Tactics Section to arrange for additional remedial firearms training. However, be aware that is your responsibility to take whatever steps are necessary for you to qualify with firearms including practice on your own time and at your own expense. Acknowledgement of subject uniformed member of the service. Rank Name (Last, First, M.I.) Print Signature Tax Registry # Date Signature Tax Registry # Date Witness: Rank Name (Last, First, M.I.) Print NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Personnel Matters Procedure No: 205-63 MONITORING OFF-DUTY VISITS TO INMATES AT CORRECTIONAL FACILITIES BY MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To provide a system to monitor visits by members of the service to city, state, or federal correctional facilities. PROCEDURE When a member of the service intends to visit an inmate at a correctional facility while off-duty: MEMBER OF THE SERVICE 1. NOTE A separate notification must be made for each visit. COMMANDING 2. 3. OFFICER 4. 5. Prepare Typed Letterhead with the following information and forward to commanding officer at least seven days prior to the intended visit: a. Name, rank, shield and tax registry numbers. b. Name and I.D. number of inmate to be visited. c. Relationship of inmate to member of the service. d. Place of incarceration; (include full facility name, address and phone number.) e. Date and time of proposed visit. f. Packages to be brought to facility. Notify IAB, Command Center of details. Approve/disapprove request. Notify member of determination. Forward copy of request to Chief of Internal Affairs Bureau. a. File copy of request in member’s personal folder. ADDITIONAL DATA Members of the service shall cooperate fully with all rules and procedures of the correctional facility concerned regarding securing weapons, visitor searches, signin/sign-out practices etc. RELATED PROCEDURES Public Contact – Prohibited Conduct (P.G. 203-10) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-01 REPORTING VIOLATIONS OBSERVED BY SUPERVISORS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To report violations observed by supervisory officers to commanding/executive officers for corrective action. PROCEDURE Upon observing or becoming aware of a violation of the rules or procedures by a member of the service: SUPERVISORY MEMBER 1. 2. DESK OFFICER 3. Prepare SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123). Notify desk officer of member’s command and obtain next serial number from the COMMAND DISCIPLINE LOG (PD468-102). a. Serial numbers commence with number one each year. Make required entries in COMMAND DISCIPLINE LOG. SUPERVISORY MEMBER 4. 5. Submit REPORT to the commanding officer of the subject member. Provide copy of REPORT to commanding officer for information and file if subject member is from different command. ADDITIONAL DATA Personnel assigned to the Department Advocate’s Office are available to advise commanding/executive officers concerning command discipline charges. RELATED PROCEDURES Violations Subject To Command Discipline (P.G. 206-03) Command Discipline (P.G. 206-02) Authorized Penalties Under Command Discipline (P.G. 206-04) Preparation Of Charges And Specifications (P.G. 206-05) FORMS AND REPORTS COMMAND DISCIPLINE LOG (PD468-102) SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-02 COMMAND DISCIPLINE DATE ISSUED: 10/18/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/18/13 1 of 4 PURPOSE To empower a commanding/executive officer to maintain discipline within his/her command, without resorting to formal charges and a Department trial. DEFINITION COMMAND DISCIPLINE - Non-judicial punishment available to a commanding/ executive officer to correct deficiencies and maintain discipline within the command. PROCEDURE Upon receiving a SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) concerning a member of the service (uniformed or civilian) assigned to his/her command: COMMANDING/ EXECUTIVE OFFICER 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Investigate to determine if allegation is substantiated. a. Direct integrity control officer to investigate subject’s prior twelve month disciplinary history and indicate findings on the front of SUPERVISOR’S COMPLAINT REPORT/ COMMAND DISCIPLINE ELECTION REPORT. b. Consider subject’s prior twelve month disciplinary history when adjudicating a command discipline. Indicate findings on REPORT, if allegation is not substantiated and: a. For actions described in violations subject to command discipline procedure Schedule “A”: (1) File the report in back of Command Discipline Log after recording disposition. b. For actions described in violations subject to command discipline procedure Schedule “B”: (1) File original in back of Command Discipline Log (2) Forward copy to next higher command for informational purposes. Determine if the violations, when substantiated, may be disposed of under command discipline. Confer with supervisor who prepared REPORT, if necessary. Schedule interview, if possible, with member concerned on a date when supervisor who prepared REPORT is available. Advise member that one local representative of a line organization may be present at the interview. Inform member of alleged violations and conduct interview. a. Do not record minutes. b. Interview will be informal and non-adversarial. Give member an opportunity to make a statement in rebuttal. Conduct further investigation, if necessary. Inform supervisor who prepared REPORT of the results of the investigation and any proposed penalty. Inform member of results of investigation and any penalty. Advise member that he/she is entitled to: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-02 REVISION NUMBER: PAGE: 10/18/13 2 of 4 a. b. COMMANDING/ EXECUTIVE OFFICER (continued) 13. 14. Accept finding and proposed penalty, or Accept finding but appeal proposed penalty to Command Discipline Review Panel, or c. Decline to accept the finding and proposed penalty and have the matter resolved through formal charges and specifications. Inform the member that the decision of the Command Discipline Review Panel is final and not subject to review, and that the Panel has the authority to: a. Approve proposed penalty, or b. Reduce proposed penalty to any corrective measure the commanding officer was authorized to impose, or c. Increase proposed penalty to not more than double that proposed by the commanding officer. Give member copy of REPORT at close of interview. NOTE Absent exigent circumstances (for example: extended sick, leave of absence, etc.,) the commanding/executive officer shall ensure that the above steps are completed within sixty days of the date of issuance. UNIFORMED MEMBER OF THE SERVICE 15. Notify commanding officer, in writing, on REPORT of the option elected within three working days of the commanding/executive officer’s decision. IF MEMBER ACCEPTS FINDINGS AND PROPOSED PENALTY COMMANDING 16. OFFICER 17. 18. Enter disposition on REPORT and ensure that timekeeper makes and verifies adjustments made to member’s time records with Payroll Management System, as necessary. File REPORT in command. In all cases where a Schedule “B” command discipline has been substantiated and disposed of, forward a copy of the REPORT to the Department Advocate’s Office and the Disciplinary Assessment Unit, through channels. IF MEMBER ACCEPTS FINDINGS AND DECLINES PROPOSED PENALTY COMMANDING/ EXECUTIVE OFFICER 19. 20. Enter disposition on REPORT. Forward to the next higher command, the REPORT, and facts of incident on Typed Letterhead with member’s disciplinary history. NEXT HIGHER COMMAND 21. Assemble a Command Discipline Review Panel and adjudicate the matter, if necessary. a. Inform the member’s commanding officer of the findings relative to the penalty. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-02 COMMANDING/ EXECUTIVE OFFICER REVISION NUMBER: PAGE: 10/18/13 22. 3 of 4 Forward a copy of the REPORT and a copy of the Panel’s decision to the Department Advocate’s Office and the Disciplinary Assessment Unit, for all Schedule “B” violations. IF MEMBER ELECTS FORMAL CHARGES COMMANDING/ EXECUTIVE OFFICER 23. 24. Enter disposition on REPORT and file. Confer with the Department Advocate’s Office regarding the preparation of charges and specifications. DEPARTMENT ADVOCATE’S OFFICE 25. Prepare and forward CHARGES AND SPECIFICATIONS (PD468-121), after conferral with the commanding officer/executive officer, if appropriate. Record all substantiated Schedule “B” command disciplines in member’s Central Personnel Index. 26. WHEN A SUBSTANTIATED COMMAND DISCIPLINE IS RENDERED AS A RESULT OF AN INTERNAL AFFAIRS BUREAU OR ANY OTHER INVESTIGATIVE UNIT’S INVESTIGATION: COMMANDING/ EXECUTIVE OFFICER 27. Comply with the provisions of P.G. 206-04, “Authorized Penalties Under Command Discipline” and offer member concerned the three election options found in step “12” above. a. An investigation of the stated misconduct or determination of whether the allegation(s) are substantiated is NOT required b. Do NOT change the stated findings c. Do NOT change the recommended disciplinary action (if noted), without conferral and approval of the investigating entity and/or Deputy Commissioner, Department Advocate. NOTE The ICO/Asst. ICO/other authorized member is required to create a new command discipline record for each command discipline issued by entering all relevant information into the Citywide Command Discipline System within five working days of the issuance of a command discipline. Within five working days of the adjudication of a command discipline, the ICO/Asst. ICO/other authorized member shall complete all system entries pertaining to the adjudication of the command discipline. Within five working days of the completion of the adjudication entries by the ICO/Asst. ICO/other authorized member, the Commanding Officer/Executive Officer shall be responsible to review the command discipline record and finalize (sign-off) the record in the Citywide Command Discipline System to verify that it is accurate and complete. ICOs and Assistant ICOs who do not have access to the Department’s Wide Area Network (WAN) must personally enter command discipline data pertaining to members of their command at their next higher command that possesses WAN access. ADDITIONAL DATA If the subject of command discipline is transferred, the commanding/executive officer of the former command is responsible for the completion of the case. All relevant records shall be forwarded to the member’s new commanding officer. If the commanding/executive officer is transferred, the new commanding/executive officer will complete the case. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 206-02 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/18/13 4 of 4 ADDITIONAL DATA (continued) Remove and destroy records and dispositions of convictions listed under Schedule “A” on the anniversary date of each entry, provided the member has no subsequent disciplinary violations. Additionally, remove and destroy all unsubstantiated command disciplines from the Command Discipline Log on the anniversary date of entry. RELATED PROCEDURES Reporting Violations Observed by Supervisors (P.G. 206-01) Violations Subject to Command Discipline (P.G. 206-03) Authorized Penalties Under Command Discipline (P.G. 206-04) Preparation of Charges and Specifications (P.G. 206-05) Sealing Disciplinary Records (P.G. 206-14) Review of Disciplinary Action Proposed Under Command Discipline (A.G. 318-05) FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) COMMAND DISCIPLINE LOG (PD468-102) SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-03 VIOLATIONS SUBJECT TO COMMAND DISCIPLINE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To inform members of the service (uniformed and civilian) of the violations of Department regulations which may be adjudicated by command discipline. PROCEDURE When any of the following violations are brought to the attention of a commanding/executive officer, the commanding/executive officer concerned may initiate command discipline: SCHEDULE “A” 1. 2. VIOLATIONS 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. NOTE Absence from meal location, post or assignment Failure to sign return roll call Failure to signal or signal improperly Improper uniform or equipment Failure to maintain neat and clean personal appearance Omitted entries in Department records, forms or reports Failure to submit reports in a timely manner Failure to make proper notifications Smoking as prohibited Unnecessary conversation Failure to lock an unguarded Department vehicle Loss of IDENTIFICATION CARD (PD416-091) Reporting late for duty Carrying packages, newspapers or other articles as prohibited while in uniform or Department vehicle Failure to notify supervising officer when leaving post for Department or personal necessity Failure to make routine inspections and surveys as required Unauthorized person riding in Department vehicle Failure to notify commanding officer when address, telephone number, or social condition changes Using any electronic/digital device (e.g., personal gaming device, MP3 player, personal digital assistant, Bluetooth headset, etc.) while on duty A cellular phone is authorized to be used by members of the service when conducting official Department related business, or on an assigned meal, or as otherwise authorized by competent authority. The cellular phone must be carried in a concealed manner that does not interfere with authorized equipment. 20. 21. 22. 23. 24. 25. Loss of summons or loss of summons book Failure to have locker secured or properly tagged Failure to sign in or out of court Failure to perform duties in connection with court appearances Failure to properly perform or improperly perform patrol or other assignment Failure to present required firearms to the range officer at firearms training cycle NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-03 PAGE: 08/01/13 SCHEDULE “A” 26. 27. VIOLATIONS 28. (continued) 29. 30. 31. 32. 33. 34. SCHEDULE “B” 1. 2. VIOLATIONS 3. 4. 5. 6. 7. 8. 9. ADDITIONAL DATA REVISION NUMBER: 2 of 3 Obvious neglect of care of firearm(s) Failure to attend a training cycle (firearms included) Failure to maintain live, authorized ammunition in authorized weapons (includes having the required maximum amount of ammunition in the weapon) Illegal parking of Department or private vehicle(s) Use or display of Vehicle Identification Plate (Misc. 740), NYPD Restricted Parking Permit (Misc. 23-N), Headquarters Annex Parking Permit (Misc. 814HQ-Annex) or any other Department issued vehicle parking permit while off duty or while not on official Department business a. Failure to return any Department issued vehicle parking permit when assigned to the Military and Extended Leave Desk, when transferred or when the permit expires Failure to make a timely notification to the Sick Desk and command, as required Failure to comply with proper driving rules and regulations Unauthorized use of Department telephones Any other minor violation that, in the opinion of the commanding/executive officer is appropriate for Schedule A command discipline procedure. Loss of shield Failure to safeguard prisoner Loss of Department property Failure to respond, report disposition promptly or acknowledge radio calls directed to member’s unit Bringing alcoholic beverages into a Department facility or vehicle unless it is within the scope of an assignment Omitted ACTIVITY LOG (PD112-145) entries Loss of ACTIVITY LOG Failure to give name and shield number to person requesting Any other violation, which, in the opinion of the commanding/executive officer and after notification to the patrol borough adjutant and consultation with the Department Advocate, is appropriate for Schedule “B” command discipline procedure. The above violations may not be processed as command discipline if the violation is aggravated by conditions that make it inappropriate for disposition by command discipline or if member concerned requests a Department trial. The Department Advocate’s Office is available to provide field commanders or internal investigation units with advice concerning charges and specifications, command disciplines, suspensions, and/or arrests of members of the service (uniformed or civilian). When it has been determined that disciplinary action should be taken for the loss of or failure to safeguard a firearm, a consultation with the Department Advocate’s Office will be made to determine appropriate disciplinary action. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 206-03 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 A commanding/executive officer must confer with the borough adjutant, prior to adjudicating a third command discipline for the same member within a six month period, to determine if charges and specifications should be instituted. If charges are appropriate, a consultation with the Department Advocate will be necessary for final approval of charges and specifications. Borough adjutant will inspect command discipline records to ascertain that the above procedures are complied with. RELATED PROCEDURES Reporting Violations Observed by Supervisors (P.G. 206-01) Command Discipline (P.G. 206-02) Authorized Penalties Under Command Discipline (P.G. 206-04) Preparation of Charges and Specifications (P.G. 206-05) Service and Disposition of Charges and Specifications (P.G. 206-06) Sealing Disciplinary Records (P.G. 206-14) FORMS AND REPORTS ACTIVITY LOG (PD112-145) IDENTIFICATION CARD (PD416-091) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-04 AUTHORIZED PENALTIES UNDER COMMAND DISCIPLINE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To inform members of the service (uniformed and civilian) of the penalties a commanding/executive officer may impose under command discipline. PROCEDURE When a command discipline allegation is substantiated: COMMANDING/ EXECUTIVE OFFICER 1. NOTE The above penalties DO NOT prohibit a commanding/executive officer from: a. Warning and admonishing verbally b. Warning and admonishing in writing, copy to be filed with the papers c. Changing assignment within the command either for a fixed period or indefinitely. ADDITIONAL DATA In all cases where a Schedule “B” command discipline has been substantiated and disposed of, forward a copy of the SUPERVISOR’S COMPLAINT REPORT/ COMMAND DISCIPLINE ELECTION REPORT (PD468-123) to the Department Advocate’s Office and the Disciplinary Assessment Unit, through channels. RELATED PROCEDURE Command Discipline (P.G. 206-02) FORMS AND REPORTS SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) Impose one of the following penalties: a. Forfeiture of up to five days vacation or accrued time for Schedule “A” violations. b. Forfeiture of up to ten days vacation or accrued time for Schedule “B” violations. c. Revocation of permission to engage in outside employment for a fixed period of time, not to exceed thirty days, if the violation is related to the outside employment. d. Restrict out-of-command assignments, which pay “portal-toportal” and overtime for a fixed period, not to exceed five such assignments. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-05 PREPARATION OF CHARGES AND SPECIFICATIONS DATE ISSUED: 11/21/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 11/21/13 1 of 3 PURPOSE To ensure that CHARGES AND SPECIFICATIONS (PD468-121) and related papers are prepared expeditiously, accurately, and completely. PROCEDURE When a violation is inappropriate for command discipline or when command discipline is declined: COMMANDING 1. OFFICER/ SUPERVISOR PREFERRING CHARGES 2. 3. DEPARTMENT ADVOCATE’S OFFICE 4. 5. Direct assigned supervisor/investigator to consult with the Department Advocate’s Office regarding the alleged misconduct and obtain verbal approval for the preparation of CHARGES AND SPECIFICATIONS. a. Provide written documentation, files, investigative reports, and/or additional information supporting the basis for charges and specifications, upon request. Provide the Department Advocate’s Office with two copies of the investigative file that the charges and specifications are to be based on. a. Provide any other additional documentation and/or reports that are requested by the Department Advocate’s Office. Provide the Department Advocate’s Office with a request for charges and specifications on a Typed Letterhead, addressed to the First Deputy Commissioner, describing the basis for all charges and specifications. a. Include the following: (1) Original Internal Affairs Bureau log number (2) Duty schedule of complainant and respondent (3) Name of attorney consulted with from Department Advocate’s Office. Review case and determine if CHARGES AND SPECIFICATIONS should be prepared. Direct the preparation of an original set of CHARGES AND SPECIFICATIONS, if approved. a. Base charges and specifications on criminal indictment or information, if any, arising out of the same subject matter. If criminal charges are dismissed or result in acquittal, consult with the commanding officer concerned, if necessary. (1) Date/stamp CHARGES AND SPECIFICATIONS. (2) Enter Department Advocate’s Office serial number on the CHARGES AND SPECIFICATIONS. (3) Forward CHARGES AND SPECIFICATIONS to commanding officer of the originating command along with original Typed Letterhead. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-05 REVISION NUMBER: PAGE: 11/21/13 2 of 3 AFTER CHARGES AND SPECIFICATIONS HAVE BEEN APPROVED COMMANDING 6. 7. OFFICER/ SUPERVISOR PREFERRING 8. CHARGES 9. 10. 11. Review CHARGES AND SPECIFICATIONS for accuracy. Telephone the Internal Affairs Bureau Command Center to obtain a new log number for each member receiving charges and specifications and enter on CHARGES AND SPECIFICATIONS. Obtain a bureau/command serial number, if applicable, and enter on CHARGES AND SPECIFICATIONS. Advise the respondent that he/she is the subject of charges and specifications. a. Obtain the name, address and telephone number of the respondent’s attorney and provide it to the Department Advocate’s Office. Have member of the service preferring charges and specifications sign the original CHARGES AND SPECIFICATIONS. Date stamp and forward original CHARGES AND SPECIFICATIONS and original Typed Letterhead to the next higher command within fortyeight hours. WITHIN THREE BUSINESS DAYS OF RECEIPT OF CHARGES AND SPECIFICATIONS COMMANDING 12. 13. OFFICER, NEXT HIGHER COMMAND 14. 15. Endorse the original set of CHARGES AND SPECIFICATIONS. Date stamp and forward the original set of CHARGES AND SPECIFICATIONS and Typed Letterhead to the Department Advocate’s Office. Forward copy of CHARGES AND SPECIFICATIONS to: a. Deputy Commissioner, Personnel b. Respondent’s command c. Originating command. Retain copy of CHARGES AND SPECIFICATIONS. UPON RECEIPT OF CHARGES AND SPECIFICATIONS FROM BOROUGH COMMANDER/COUNTERPART DEPARTMENT ADVOCATE’S OFFICE 16. 17. Review for completeness and date stamp. Ensure assigned attorney completes review and assessment of the CHARGES AND SPECIFICATIONS in a timely manner. ADDITIONAL DATA DEPARTMENT ADVOCATE’S OFFICE – PREPARATION OF CHARGES AND SPECIFICATIONS The member assigned to the Department Advocate’s Office preparing the CHARGES AND SPECIFICATIONS will indicate in the box captioned “RANK/TITLE,” the appropriate status, e.g., “Probationary Police Officer” or “Provisional Office Aide,” etc. The member’s rank/title will also be indicated under the caption NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 206-05 DATE EFFECTIVE: REVISION NUMBER: PAGE: 11/21/13 3 of 3 “SPECIFICATIONS,” when making reference to the member, e.g., “Said Probationary Police Officer Smith,” etc. Additionally, if charges are preferred against a member who has been placed on dismissal probation, the specifications will be prefaced with the words, “While on dismissal probation.” ADDITIONAL DATA (continued) The Department Advocate’s Office shall ensure that a sufficient legal basis exists for each charge and specification approved and that all necessary steps associated with the investigation have been completed. In appropriate cases, the Department Advocate’s Office may direct the issuance of a command discipline in lieu of charges and specifications. Commanding officers are directed to fully complete the COMMANDING OFFICER’S REVIEW OF MOS INVOLVED IN A DISCIPLINARY MATTER (PD468-153), relating to evaluation and whether or not member is on disciplinary or dismissal probation. This form must be completed and forwarded within five days of receipt to the Department Advocate’s Office. CHARGES AND SPECIFICATIONS AGAINST SUSPENDED MEMBER When a member of the service has been suspended, the report on Typed Letterhead prepared by the commanding officer/supervisor preferring charges must be forwarded to the Department Advocate’s Office within forty-eight hours of suspension. When a member of the service has been suspended, the Department Advocate’s Office will forward the completed CHARGES AND SPECIFICATIONS to the requesting supervisor within two business days from the time the request for charges is received. RELATED PROCEDURES Service and Disposition of Charges and Specifications (P.G. 206-06) Cause for Suspension or Modified Assignment (P.G. 206-07) Suspension from Duty Uniformed Member of the Service (P.G. 206-08) Official Communications - Preparation (A.G. 322-11) FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) COMMANDING OFFICER’S REVIEW OF DISCIPLINARY MATTER (PD468-153) Typed Letterhead MOS INVOLVED NEW YORK CITY POLICE DEPARTMENT IN A PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-06 SERVICE AND DISPOSITION OF CHARGES AND SPECIFICATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure that the formal disciplinary process is commenced (service of charges and specifications) and concluded (disposition of charges and specifications) in a coordinated, timely and efficient manner. PROCEDURE Upon receipt of CHARGES AND SPECIFICATIONS (PD468-121) from the borough commander/next higher command: COMMANDING 1. OFFICER, DEPARTMENT ADVOCATE’S OFFICE NOTE Forward copy of CHARGES AND SPECIFICATIONS to respondent’s attorney within two weeks along with the underlying explanatory memorandum prepared by the supervisor/investigator preferring the charges and specifications. CHARGES AND SPECIFICATIONS will be served upon a suspended member of the service expeditiously. (Exception may be made, with the approval of the First Deputy Commissioner, when extenuating circumstances exist). A suspended probationary member of the service will not be served, except as directed by the First Deputy Commissioner. 2. Serve original and copy of CHARGES AND SPECIFICATIONS upon member of the service. a. If personal service cannot be made, see “ADDITIONAL DATA” below. NOTE Absent exigent circumstances, service of charges and specifications shall be within six weeks after receipt by the Department Advocate’s Office. However, in disciplinary cases where the statute of limitations and/or other matters require expeditious attention, the Department Advocate’s Office will have the authority to direct whatever actions are deemed necessary to effectuate the timely service of charges and specifications. RESPONDENT 3. 5. Sign and return the original copy to the person serving the CHARGES AND SPECIFICATIONS. Have available and provide to Department Advocate’s Office personnel: a. Chart/squad, vacation and military schedule, and b. Any other leave/absences. (1) Advise the Department Advocate’s Office of any changes of the aforementioned. Retain copy of CHARGES AND SPECIFICATIONS. 6. Sign original copy of CHARGES AND SPECIFICATIONS as a witness. 4. MEMBER CONCERNED, DEPARTMENT ADVOCATE’S OFFICE NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-06 PAGE: 08/01/13 COMMANDING 7. OFFICER, DEPARTMENT ADVOCATE’S OFFICE NOTE REVISION NUMBER: 2 of 2 Provide the respondent with an opportunity to accept a penalty disposition in disciplinary case(s), when appropriate. The Department Advocate will confer regularly with the First Deputy Commissioner concerning the Department’s disciplinary policy. 8. Schedule Department trial date the day of service of CHARGES AND SPECIFICATIONS, when disciplinary case(s) are not otherwise disposed of, absent exigent circumstances. NOTE When Department charges and specifications relate to outstanding criminal charges, the disciplinary case may only be set for trial or otherwise disposed of with the prior approval of the First Deputy Commissioner. DEPARTMENT ADVOCATE 9. 10. ADDITIONAL DATA If personal service of the CHARGES cannot be made, service may be effected: a. b. c. d. Ensure that all disciplinary decisions are accurately and promptly recorded. Review all disciplinary cases for trends or patterns and policy implications. a. Make periodic recommendations to the First Deputy Commissioner. By mailing the CHARGES AND SPECIFICATIONS to the person to be served at his last known residence by registered or certified mail, return receipt requested, OR delivering the CHARGES AND SPECIFICATIONS to a person of suitable age and discretion at his place of business, dwelling or usual place of abode of the person to be served. Proof of service will be filed with the Deputy Commissioner - Trials or the Commanding Officer, Operations Unit. (1) Service is complete three days after filing. By delivering a copy of the CHARGES AND SPECIFICATIONS to the agent of the person to be served. Where service under subdivisions “a” and “b” cannot be made, affix CHARGES AND SPECIFICATIONS either to the door of the actual place of business, dwelling or usual place of abode, of the person to be served and by mailing (registered or certified, return receipt requested) the CHARGES AND SPECIFICATIONS to the person at his last known residence. (1) Proof of such service will be filed with the Deputy Commissioner - Trials or the Commanding Officer, Operations Unit. (2) Service is complete three days after filing. In such manner as the Deputy Commissioner-Trials directs, upon motion without notice, if service is impractical under subdivisions “a,” “b” or “c.” RELATED PROCEDURE Preparation of Charges and Specifications (P.G. 206-05) FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-07 CAUSE FOR SUSPENSION OR MODIFIED ASSIGNMENT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To describe those actions for which uniformed or civilian members of the service may be suspended or, for which uniformed members of the service may be placed on modified assignment. NOTE Civilian members of the service may NOT be placed on modified assignment. 1. 2. NOTE The Police Commissioner, a deputy commissioner, a hearing officer assigned to the Office of Deputy Commissioner - Trials, the Chief Surgeon, Deputy Chief Surgeon, a civilian director, or a uniformed member of the service in the rank of captain or higher may suspend a member of the service (uniformed or civilian) or place a uniformed member of the service on modified assignment when, in their opinion, such action is necessary. A ranking officer (uniformed member of the service in rank of sergeant or above) in-charge or in-command MUST SUSPEND a member of the service when the member: a. Refuses to perform assigned duties at roll call or during tour of duty b. Refuses an order of a ranking member to answer question specifically directed and narrowly related to the performance of official duties, after being informed of member’s rights as specified in P.G. 206-13, “Interrogation of Members of the Service” c. Is absent without leave for five consecutive tours d. Refuses to obey a lawful order by a ranking member e. Refuses to submit to a drug-screening test f. Has an interest in, or association with, or patronizes premises (licensed or unlicensed) engaged in illegal gambling operations, use of drugs, smoke shops, social clubs, or after hours clubs, except in the performance of duty. Traffic Managers and Administrative School Safety Managers are authorized to suspend civilian personnel under their command for violations listed in step 2 above. (The principal of the school where the school safety agent is assigned will be notified of the suspension). Suspension by a ranking officer, by a Traffic Manager or an Administrative School Safety Manager, other than a captain and above, is by authority of the First Deputy Commissioner. Prior conferral or approval of the First Deputy Commissioner is NOT required. 3. A captain or above may place a uniformed member of the service on modified assignment or suspension when a member: a. Is indicted by a grand jury b. Is arrested c. Is served with CHARGES AND SPECIFICATIONS (PD468-121), alleging serious misconduct d. Is unfit for duty due to the effects of an intoxicant or drug or after effects thereof e. Patronizes an unlicensed premises (neighborhood tavern or restaurant with an expired/suspended license) where the only apparent illegal activity is the sale of alcoholic beverages, except in the performance of duty. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 206-07 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 NOTE A member of the service (uniformed or civilian) presently on suspension, or a uniformed member of the service on modified assignment pursuant to either steps 2 or 3 above, MUST be re-suspended or suspended, as applicable, for any subsequent violation of the subject steps. ADDITIONAL DATA In all cases in which the investigating commanding officer/duty captain is contemplating changing the duty status of a member of the service (i.e., suspension, modification or restricted duty pending evaluation of duty status), he/she should confer with the Internal Affairs Bureau Command Center to ascertain any relevant information pertaining to the member(s) of the service, PRIOR to making this decision. This conferral is to obtain background information that may assist in the investigation. All decisions regarding the investigation, as well as any resulting determination regarding the member’s duty status, remain the responsibility of the commanding officer/duty captain concerned. In appropriate cases, a captain or above may assign a uniformed member of the service to administrative duties in the next higher command without placing the member on suspension or modified assignment, when there is no disciplinary action contemplated and facts or circumstances indicate such assignment would be in the best interests of the Department. The borough commander/counterpart will review the assignment within three days and determine further appropriate action. A report of this review and results, including the anticipated date member will be returned to command, will be prepared on Typed Letterhead and forwarded to the First Deputy Commissioner. In all cases where the decision to suspend a member of the service (uniformed or civilian) or to place a uniformed member of the service on modified assignment is based on the discretion of the captain or above (steps 1 and 3 of this procedure), he/she will, prior to making that decision, confer with the borough commander/counterpart or executive officer. The Office of Deputy Commissioner - Legal Matters will be available for questions related to law and the Department Advocate’s Office will be available for advice on procedures for suspension or modified assignment. However, the decision to suspend or place a uniformed member of the service on modified assignment will rest with the field commander. A ranking officer who reasonably believes that a uniformed member of the service is unfit for duty due to effects of an alcoholic intoxicant will notify the precinct commander/duty captain who will respond, conduct an investigation, and based upon common sense standards determine if the member is fit for duty. If found unfit, whether on or off duty, the captain making such determination will suspend the member or place him/her on modified assignment; apprise the member concerned of the availability of the Counseling Service Program, and, if the member desires to participate, contact the Counseling Service DIRECT, during normal business hours, or during other than business hours, request conferral by contacting the Sick Desk, supervisor. The precinct commander/duty captain will also prepare seven copies of report on Typed Letterhead detailing observations and circumstances leading to determination of unfitness and action taken. Forward copies (DIRECT) to First Deputy Commissioner, Deputy Commissioner - Trials, Chief of Department, Chief of Personnel, Department Advocate’s Office, and one copy to be filed in command. An additional copy will be forwarded to the First Deputy Commissioner (THROUGH CHANNELS). FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-08 SUSPENSION FROM DUTY UNIFORMED MEMBER OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To temporarily prohibit a uniformed member of the service from performing assigned duties. PROCEDURE When a uniformed member of the service is suspended: RANKING OFFICER IN CHARGE 1. 2. 3. 4. Inform member concerned of suspension from duty and the reason. Direct member to surrender all Department property and all revolvers or pistols owned or possessed. Direct member to report in person, if not on sick report, each Monday, Wednesday and Friday to residence precinct. (Captain and above will report to residence borough command.) Inform suspended member that he may request waiver of reporting requirement by submitting form AGREEMENT TO ACCEPT SERVICE OF NOTICE (PD468-126) at residence precinct or Department Advocate’s Office. NOTE If suspended member prepares form in residence precinct, the precinct commander will forward a copy of the form to the Department Advocate’s Office. If the form is prepared in the Department Advocate’s Office, Department Advocate personnel will notify the desk officer, precinct of residence that the suspended member no longer has to report. UNIFORMED MEMBER OF THE SERVICE 5. RANKING OFFICER IN CHARGE 7. 8. 6. 9. 10. SUPERVISOR ON DUTY, OPERATIONS UNIT 11. Surrender, promptly, all Department property and all pistols or revolvers owned or possessed. Do not wear uniform while suspended. Enter facts concerning suspension in Command Log. Notify supervisor on duty at Operations Unit, member’s command, and member’s residence precinct, if below rank of captain, or residence borough command if captain or above. a. Notify Internal Affairs Bureau Command Center. Follow procedure for removal of property as outlined in P.G. 206-17, “Removal and Restoration of Firearms.” a. Property other than firearms, shield and IDENTIFICATION CARD (PD416-091) will be retained at member’s command. Immediately forward report (DIRECT) to First Deputy Commissioner, Deputy Commissioner - Trials, Chief of Department, Chief of Personnel, Department Advocate and member’s commanding officer. Forward an additional copy of report to First Deputy Commissioner (THROUGH CHANNELS). Inform ranking officer in charge that CHARGES AND SPECIFICATIONS (PD468-121) must be forwarded within forty-eight hours of the suspension. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-08 REVISION NUMBER: PAGE: 08/01/13 12. MEMBER’S COMMANDING OFFICER 2 of 3 Have CHARGES AND SPECIFICATIONS prepared. IF SUSPENDED MEMBER ELECTS NOT TO SUBMIT WAIVER (AGREEMENT TO ACCEPT SERVICE OF NOTICE) UNIFORMED MEMBER CONCERNED 13. Report to residence precinct each Monday, Wednesday and Friday. DESK OFFICER, RESIDENCE PRECINCT 14. Direct member to prepare REPORT OF SUSPENDED MEMBER’S VISIT (PD408-061) in your presence. Complete appropriate captions under section entitled “Witnessed By.” Make entry in Command Log and deliver REPORT to integrity control officer. INTEGRITY CONTROL OFFICER 17. NOTE 15. 16. 18. Maintain a list of uniformed members of the service who are suspended and are required to report to the residence precinct. Check Telephone Record and FINEST messages each day to ensure that uniformed members who are required to report are added to the list as required. If doubt exists regarding reporting by uniformed members of the service, contact Department Advocate’s Office, Trial Calendar Unit. 19. 20. Monitor appearances of suspended uniformed members of the service. Inform commanding officer when suspended member fails to report as required. COMMANDING 21. OFFICER, 22. RESIDENCE PRECINCT Prepare SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123), if member fails to report as required. Forward SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT to member’s commanding officer for further disciplinary action, if required. ADDITIONAL DATA A uniformed or civilian member of the service under suspension who desires to be restored to duty or a uniformed member under suspension who desires to be placed on modified assignment will submit a request to the First Deputy Commissioner through the Department Advocate’s Office. When a uniformed member of the service, in the rank of sergeant and above, is being suspended the following provisions shall be applied. The member shall be suspended with pay until the following Sunday. Commencing at 0001 hours on that Sunday, the member shall be on suspension without pay. The suspension without pay will continue in full week (Sunday to Saturday) increments. The minimum suspension without pay shall be for one full week. The maximum time shall be four full weeks. The member shall always be returned to duty on a Sunday at 0001 hours. Uniformed members of the service who are on “Suspended With Pay” status must submit a LEAVE OF ABSENCE REPORT (PD433-041) when required to appear in court as a defendant in a criminal case on a date they were scheduled to report to the Internal Affairs Bureau. Such court appearances shall be made on regular days off or with an approved LEAVE OF ABSENCE REPORT. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 206-08 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 RELATED PROCEDURES Preparation of Charges and Specifications (P.G. 206-05) Cause for Suspension or Modified Assignment (P.G. 206-07) Modified Assignment (P.G. 206-10) Removal and Restoration of Firearms (P.G. 206-17) FORMS AND REPORTS AGREEMENT TO ACCEPT SERVICE OF NOTICE (PD468-126) CHARGES AND SPECIFICATIONS (PD468-121) REPORT OF SUSPENDED MEMBER’S VISIT (PD408-061) SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) LEAVE OF ABSENCE REPORT (PD433-041) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-09 SUSPENSION FROM DUTY - CIVILIAN MEMBER OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To temporarily prohibit a civilian member of the service from performing duty and to complete disciplinary procedures within thirty days. PROCEDURE When a civilian member of the service is suspended: RANKING OFFICER IN CHARGE 1. 2. 3. 4. 5. Inform member concerned of suspension from duty and reason. Direct member to surrender all Department property. a. Have IDENTIFICATION CARD (PD416-091) and shield, when applicable, hand delivered with Typed Letterhead to the Employee Management Division - Shield and Identification Card Unit by next business day and obtain receipt for file in command. b. Have other Department property safeguarded at command (e.g., keys, etc.). Direct civilian member of the service not to wear uniform or part of uniform while under suspension. Notify member concerned that charges are to be preferred and will be processed in normal manner. a. Supervise preparation of charges. Notify the following: a. Operations Unit b. Internal Affairs Bureau Command Center c. Civilian member’s commanding officer/counterpart, if not present. SUPERVISOR ON DUTY, OPERATIONS UNIT 6. 7. Enter facts concerning suspension in Command Log. Inform ranking officer in charge that CHARGES AND SPECIFICATIONS (PD468-121) must be forwarded within forty-eight hours of suspension. RANKING OFFICER IN CHARGE 8. Submit report on Typed Letterhead within twenty-four hours to: a. First Deputy Commissioner b. Chief of Department c. Deputy Commissioner-Trials d. Department Advocate’s Office e. Civilian member’s commanding officer. COMMANDING 9. OFFICER Notify next higher command. COMMANDING 10. 11. OFFICER, NEXT HIGHER 12. COMMAND Contact Department Advocate’s Office. Ascertain if every effort is being made to complete disciplinary process within thirty days. Notify Department Advocate of all relevant facts, if circumstances indicate case may not be disposed of within thirty days. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-09 REVISION NUMBER: PAGE: 08/01/13 2 of 2 IF CIVILIAN HAS BEEN ARRESTED COMMANDING 13. OFFICER, NEXT HIGHER COMMAND 14. NOTE Advise civilian of the following available options prior to arranging conference concerning charges: a. May request conference be held in usual manner, OR b. May request, in writing, an adjournment of all department action pending final determination of criminal case. Instruct civilian member of the option of signing a waiver for any pay due him/her, if he/she is continued on suspension past thirty days. a. Waiver does not apply to lost wages if civilian is ultimately found not guilty. (1) Civilian is entitled to full pay during period of suspension beyond thirty days, less any amount of compensation earned during same period in such case. If civilian member has criminal charges pending and refuses to sign waiver, the commanding officer next higher command of civilian must hold informal conference within thirty days of date of suspension. IF CIVILIAN IS AWOL COMMANDING 15. OFFICER OF CIVILIAN Prepare and forward CHARGES AND SPECIFICATIONS. a. If Department property is not accounted for, have COMPLAINT REPORT (PD313-152) prepared. DEPARTMENT ADVOCATE 16. Have civilian member report to the Employee Management Division – Shield and Identification Card Unit for IDENTIFICATION CARD and shield, when applicable, if suspension is rescinded. a. Commanding officer will be responsible for the return of any other Department property removed. ADDITIONAL DATA The Department Advocate will have CHARGES AND SPECIFICATIONS served as provided in P.G. 206-06, “Service of Charges and Specifications” and after service, a trial will be held before Deputy Commissioner - Trials, in absentia if necessary. Civilian member may request a formal conference at next higher command at any time prior to holding a formal trial. A civilian member of the service under suspension who desires to be restored to duty will submit a written request to the First Deputy Commissioner through the Department Advocate’s Office. Civilian Employee Handbook will be accounted for if civilian is dismissed. RELATED PROCEDURES Notifications in Certain Arrest Situations (P.G. 208-69) Command Discipline (P.G. 206-02) Preparation of Charges and Specifications (P.G. 206-05) Service of Charges and Specifications (P.G. 206-06) Cause for Suspension or Modified Assignment (P.G. 206-07) Civilian Member - Resignation (A.G. 319-17) FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) COMPLAINT REPORT(PD313-152) IDENTIFICATION CARD (PD416-091) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-10 MODIFIED ASSIGNMENT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To assign a uniformed member of the service to non-enforcement duties pending determination of fitness to perform police duties. SCOPE Firearms may be removed from a uniformed member of the service for disciplinary as well as non-disciplinary reasons. In incidents where there is no misconduct and no disciplinary action is anticipated, the member will not be placed on modified assignment. When a firearms removal is based on nondisciplinary factors, the ranking officer directing the removal will comply with the applicable provisions of P.G. 205-47, “Temporary Removal of Firearms in Non-Disciplinary Cases.” PROCEDURE When placing a uniformed member of the service on modified assignment. RANKING OFFICER IN CHARGE 1. 2. 3. 4. NOTE Uniformed member may retain Department Manual. 5. 6. NOTE Inform uniformed member that modified assignment is contingent upon being available for prompt Departmental disciplinary trial. Remove firearms, shield, IDENTIFICATION CARD (PD416-091) and other Department property as directed in P.G. 206-17, “Removal and Restoration of Firearms.” Make a clear photocopy of member’s IDENTIFICATION CARD and provide the photocopy to member concerned. Direct the member to utilize the photocopy of their IDENTIFICATION CARD to gain access to One Police Plaza for modified assignment processing to avoid waiting in line with non-members of the Department. Ensure that shield and IDENTIFICATION CARD are hand delivered to the Employee Management Division, Shield and Identification Card Unit at One Police Plaza, Room 502, with appropriate copy of REMOVAL/RESTORATION OF FIREARMS REPORT (PD524152) on the next business day and obtain receipt. Direct uniformed member to report direct, in appropriate business attire, at 0900 hours on the next business day he/she is scheduled to work, to the Personnel Orders Section, Uniform Assignment Unit, located at One Police Plaza, Room 1008. Uniformed members placed on modified assignment will report direct to the Personnel Orders Section, Uniform Assignment Unit and will NOT be permitted to begin their tour at their command. Members on regular day off (RDO), sick report or scheduled vacation will report on the first business day upon return to work. Members will not perform an extended tour and no overtime is authorized. When a uniformed member is scheduled to return to work on a non-business day (Saturday, Sunday, holiday, etc.), direct the member to report, in appropriate business attire, to their assigned command for non-enforcement duty. Uniformed member will report direct to the Personnel Orders Section, Uniform Assignment Unit the next business day he/she is scheduled to work. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-10 REVISION NUMBER: PAGE: 08/01/13 RANKING OFFICER IN CHARGE 7. (continued) 8. 9. 2 of 4 Enter facts concerning modified assignment in Command Log and notify: a. Supervisor on duty at Operations Unit immediately b. Internal Affairs Bureau, Command Center and obtain log number. Immediately submit report on Typed Letterhead (DIRECT) to: a. First Deputy Commissioner (forward additional copy of report THROUGH CHANNELS) b. Deputy Commissioner, Department Advocate c. Deputy Commissioner, Trials d. Chief of Department e. Chief of Personnel f. Commanding Officer, Personnel Orders Section g. Commanding officer of member concerned. Fax copy of Typed Letterhead to the Personnel Orders Section. UNIFORMED MEMBER OF THE SERVICE CONCERNED 10. Report direct to the Personnel Orders Section, Uniform Assignment Unit, located at One Police Plaza, Room 1008, at 0900 hours on the next business day scheduled to work, in appropriate business attire. NOTE When scheduled to work on a non-business day (Saturday, Sunday, holiday, etc.), report in appropriate business attire, to assigned command for non-enforcement duty. Uniformed members of the service will report direct to the Personnel Orders Section, Uniform Assignment Unit, the next business day he/she is scheduled to work. Uniformed members of the service will report to One Police Plaza, first floor employee entrance gate and present photocopy of their IDENTIFICATION CARD to Headquarters Security personnel to be issued an access pass for entry into One Police Plaza. 11. 12. NOTE Sign in Personnel Orders Section sign-in log when directed by Personnel Orders Section, Uniform Assignment Unit personnel. Report to the Employee Management Division, Shield and Identification Card Unit, Room 502, for a new IDENTIFICATION CARD, when directed by Personnel Orders Section personnel. Uniformed members of the service are reminded that they must be guided by P.G. 20307, “Performance on Duty - Personal Appearance.” Members will not be permitted to take IDENTIFICATION CARD photo with facial hair unless: a. Written approval has been received from the District Surgeon concerned and Commanding Officer, Medical Division, when required because of a medical condition OR b. Written approval has been received from the Deputy Commissioner, Equal Employment Opportunity when required because of a religious accommodation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 206-10 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 4 NOTE (continued) Modified members of the service are not authorized to possess any firearms or their shield. Modified members will be issued a “NO FIREARMS” IDENTIFICATION CARD by the Employee Management Division’s Shield and Identification Card Unit during processing. Members who are restored from modified assignment and placed on restricted duty or remain on restricted duty for psychological or alcohol related reasons, may posses their shield and will retain their “NO FIREARMS” IDENTIFICATION CARD until their restricted duty status is revoked by the Psychological Evaluation Section or Counseling Unit, as appropriate. Upon restoration to full duty and approval for the return of firearms, the member’s shield and full duty IDENTIFICATION CARD will be returned. The Personnel Orders Section will provide an official letterhead to members restored to full duty for retrieval of firearms from the Property Clerk Division. ADDITIONAL DATA The First Deputy Commissioner MUST approve the return of firearms, shield and IDENTIFICATION CARD to a uniformed member of the service on modified assignment unless the Police Commissioner directs the return of such property. A uniformed member of the service on modified assignment who desires to be restored to full duty will submit a request to the First Deputy Commissioner’s Office through the Deputy Commissioner, Department Advocate. A uniformed member continues to accrue vacation and is permitted to take vacation or authorized leave if there is no conflict with an appearance at a criminal or disciplinary trial. Members who are defendants in a criminal action shall not appear in court on these cases while on duty. Such appearances shall be made on regular days off (RDOs) or with authorized excusals. Uniformed members of the service placed on modified assignment may be transferred as per the needs of the Department. If the uniformed member on modified assignment does not carry out his/her duties in a satisfactory manner, the commanding officer of the unit may recommend to the First Deputy Commissioner, through channels, that the member be suspended. Uniformed members being restored to full duty will be notified by the Deputy Commissioner, Department Advocate and will report, when directed, to the Department Advocate’s Office. The Department Advocate’s Office will direct member to report to the Personnel Orders Section, Uniform Assignment Unit, located at One Police Plaza, Room 1008, for restoration processing. Uniformed members of the service are placed on modified assignment for a number of reasons. The vast majority of these members will be restored to full duty and continue to have successful careers with the Department. When a modified member, who has been temporarily assigned to an administrative/support command, has performed in an exemplary manner, the commanding officer may request permanent assignment upon member’s restoration to full duty, needs of the service permitting. Transfer requests must be forwarded, through channels, to the Police Commissioner for approval prior to restoration from modified assignment. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 206-10 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 RELATED PROCEDURES Temporary Removal of Firearms in Non-Disciplinary Cases (P.G. 205-47) Cause for Suspension or Modified Assignment (P.G. 206-07) Removal and Restoration of Firearms (P.G. 206-17) Performance on Duty – Personal Appearance (P.G. 203-07) FORMS AND REPORTS IDENTIFICATION CARD (PD 416-091) REMOVAL/RESTORATION OF FIREARMS REPORT (PD524-152) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-11 MEMBER OF THE SERVICE ARRESTED (UNIFORMED OR CIVILIAN) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To record and investigate cases when members of the service, both uniformed or civilian, are arrested. PROCEDURE When a member of the service is arrested: DEFINITION CRIMINAL VIOLATION - For the purpose of this procedure, means any violation of law, rule or regulation, whether committed within New York State or outside of the State, for which a penalty of a term of imprisonment may be imposed, but shall not include parking violations, traffic infractions (other than leaving the scene of an incident without reporting and driving while ability impaired) and violations of law, rule or regulation when a personal service summons received contemplates a civil penalty only. ARRESTED WITHIN CITY MEMBER OF THE SERVICE ARRESTED 1. NOTE All members of the service (uniformed or civilian), who receive a personal service summons for a criminal violation, are required to immediately notify their commanding officer, and provide the commanding officer with a copy of the summons. 2. DESK OFFICER 3. 4. 5. 6. Immediately notify arresting authority of position as a member of the New York City Police Department. Promptly notify desk officer, precinct of arrest, of details if arrest effected by law enforcement agency other than New York City Police Department. Immediately notify Internal Affairs Bureau Command Center. Immediately notify precinct commander/duty captain. Promptly notify the Operations Unit and include: a. Time and date of arrest b. Place of occurrence c. Present location of member or place where he will be available for interview d. Identity of all persons involved in the incident e. Manner in which member became involved f. Sickness or injury of member or other persons involved g. Identity and statements of witnesses h. Title and description of the law violated i. Identity of law enforcement agency making arrest (federal, state or local) j. Specific charges against the member k. Date and location of court appearance, if known l. Interim or final disposition, if any. Make entry of notification in Telephone Record and include identity of precinct commander/duty captain notified. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-11 REVISION NUMBER: PAGE: 08/01/13 2 of 4 PRECINCT COMMANDER/ DUTY CAPTAIN 7. 8. Make certain arrested member’s commanding officer is notified. Notify patrol borough commander, borough of arrest. PATROL BOROUGH COMMANDER CONCERNED 9. Assign captain or above to conduct investigation. RANKING OFFICER CONDUCTING INVESTIGATION 10. Commence immediate investigation and interview arrested member and witnesses, if any. Submit report on Typed Letterhead to Chief of Department within twenty-four hours. Ascertain status of case no later than twenty-four hours after each court appearance of member. Prepare a report on Typed Letterhead indicating status of case and adjournment dates and forward to: a. First Deputy Commissioner b. Chief of Department c. Chief of Personnel d. Chief of Internal Affairs e. Department Special Prosecutor or Department Advocate’s Office, as appropriate f. Patrol borough commander concerned. Direct arrested member to immediately notify his commanding officer if charges are dismissed. 11. 12. 13. 14. ARRESTED OUTSIDE CITY MEMBER OF THE SERVICE ARRESTED 15. 16. 17. NOTE Immediately notify arresting authority of position as a member of the New York City Police Department. Immediately notify Operations Unit, comply with the remainder of step 5, subdivisions “a” to “l”, and include identity of local police authorities involved. Notify commanding officer without delay. Commanding officer will contact arrested member within twenty-four hours of court appearance and ascertain status of case. All members of the service (uniformed or civilian), who receive a personal summons for a criminal violation, are required to immediately notify their commanding officer, and provide the commanding officer with a copy of the summons. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-11 SUPERVISOR, OPERATIONS UNIT REVISION NUMBER: PAGE: 08/01/13 18. Immediately notify Internal Affairs Bureau Command Center, and the following: ARREST MADE IN Westchester, Rockland Orange or Putnam 19. 3 of 4 NOTIFY Commanding Officer, Patrol Borough Bronx Nassau or Suffolk Commanding Officer, Patrol Borough Queens North or South, as appropriate Notify commanding officer of arrested member. a. If command is closed, make notification at 0900 hours, next business day. PATROL BOROUGH COMMANDER OR CHIEF OF INTERNAL AFFAIRS 20. Assign a captain or above, to conduct investigation. RANKING OFFICER CONDUCTING INVESTIGATION 21. Communicate by telephone with arresting authorities to determine if there are witnesses to the incident. NOTE Ranking officer assigned is authorized to use a Department vehicle within city and the six residence counties without prior permission. 22. 23. 24. 25. Advise the supervising officer, Operations Unit, of facts. Submit report on Typed Letterhead to the Chief of Department within twenty-four hours. Ascertain status of case no later than twenty-four hours after each court appearance of member. Prepare and forward a report, indicating status and adjournment date, to First Deputy Commissioner, Chief of Department, Chief of Personnel, Chief of Internal Affairs, Department Special Prosecutor or Department Advocate’s Office (as appropriate), and patrol borough commander responsible for the investigation. a. Include arrest number, docket number, and jurisdiction in this report. IN ALL CASES MEMBER OF THE SERVICE ARRESTED 26. 27. Keep commanding officer informed of status of case at least once every thirty days and include: a. Adjournment dates b. Final disposition c. If appeal made d. Disposition of appeal. Notify commanding officer as soon as possible if charges are dismissed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-11 REVISION NUMBER: PAGE: 08/01/13 4 of 4 COMMANDING 28. OFFICER, ARRESTED 29. MEMBER Telephone the Department Advocate and the borough commander responsible for the investigation of the disposition of all criminal charges, if Department charges have been preferred. Provide the Chief of Internal Affairs with a final disposition of all criminal charges involving the arrest of a member of their command. DEPARTMENT ADVOCATE 30. Obtain a “Certificate of Disposition” from the appropriate jurisdiction and verify conviction (or plea) of the member of the service, with special attention to crimes involving domestic violence, upon receipt of notification. RELATED PROCEDURES Notifications in Certain Arrest Situations (P.G. 208-69) Preparation of Charges and Specifications (P.G. 206-05) Interrogation of Members of the Service (P.G. 206-13) Suspension from Duty Uniformed Member of the Service (P.G. 206-08) Modified Assignment (P.G. 206-10) Cause for Suspension or Modified Assignment (P.G. 206-07) Review of Arrest Cases Involving a Member of the Service as a Defendant (P.G. 206-16) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-12 REMOVAL OF FIREARMS FROM INTOXICATED UNIFORMED MEMBER OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To determine if an on/off duty uniformed member of the service is unfit for duty due to intoxication. DEFINITION INTOXICATION - Unfitness for duty due to the influence of alcohol, narcotics, or other drug, or under circumstances in which surrounding events of a timely nature indicate that the member may have been intoxicated during an earlier period directly related to the incident in question. PROCEDURE Upon observing a uniformed member of the service who appears unfit for duty due to intoxication: SUPERVISORY MEMBER 1. 2. 3. Direct that member remain at Department facility or other location pending the arrival of commanding officer/duty captain. Prepare, immediately, SUPERVISOR’S FITNESS FOR DUTY REPORT (PD469-150) based upon observations of member of the service. Notify precinct commander/duty captain to respond to facility. COMMANDING OFFICER/ DUTY CAPTAIN 4. NOTE Common sense standards will be applied to determine whether a member of the service is unfit for duty due to intoxication. Commanding officers/duty captains will examine the totality of the circumstances and will consider all credible relevant information when determining a member’s fitness for duty. Such information will include all SUPERVISOR’S FITNESS FOR DUTY REPORTS prepared, any witness statements made by civilians or members of the service, and any available scientific evidence (Breathalyzer, blood test, etc.). On the basis of all available information, viewed in light of the time elapsed since any alleged acts of misconduct or since the first supervisory observation of the member, the commanding officer/duty captain will conclude whether the member was unfit for duty at the time of the alleged misconduct. 5. 6. 7. 8. NOTE Prepare, immediately, SUPERVISOR’S FITNESS FOR DUTY REPORT based upon observations of member of the service. Conduct an investigation to determine if member is unfit for duty due to intoxication at the time of the alleged misconduct. Remove firearms when it is determined that member is intoxicated (see P.G. 206-17, “Removal and Restoration of Firearms”). Place member on modified assignment or suspend from duty, as appropriate. Advise member of availability of Counseling Service Program. A supervisory officer is mandated in all cases to contact the Counseling Services Unit on behalf of a member who is placed on modified assignment, suspended, or has his/her firearms removed due to being unfit for duty. The services of the Counseling Service Program are not available to personnel for illegal drug use and/or abuse problems. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-12 COMMANDING OFFICER/ DUTY CAPTAIN (continued) REVISION NUMBER: PAGE: 08/01/13 9. 10. 11. 2 of 2 Have supervisory officer contact Counseling Service DIRECT, during normal business hours. At other times, conferral with a counselor may be requested by contacting the Sick Desk supervisor. Prepare five copies of all completed SUPERVISOR’S FITNESS FOR DUTY REPORTS (commanding officer/duty captain’s and referring supervisor’s). Prepare seven copies of a report on Typed Letterhead detailing observations and circumstances that led to determination that member was unfit for duty and forward each, with copies of all SUPERVISOR’S FITNESS FOR DUTY REPORTS, as follows: a. First Deputy Commissioner - Original (DIRECT) b. First Deputy Commissioner (THOUGH CHANNELS) c. Chief of Department (DIRECT) d. Chief of Personnel (DIRECT) e. Deputy Commissioner - Trials f. Department Advocate’s Office g. Member’s commanding officer. ADDITIONAL DATA Prior to final adjudication of a disciplinary matter, in all misconduct cases in which the use of alcohol is indicated, a conferral with the Early Intervention Unit must be made, and an alcoholism assessment by the Counseling Services Unit, must be conducted. In addition, in appropriate cases, final adjudication of the disciplinary matter will be held in abeyance pending completion of treatment for alcoholism. The Department Advocate’s Office or the Office of the Special Prosecutor, as appropriate, are required to ensure that these steps are taken. RELATED PROCEDURES Cause for Suspension or Modified Assignment (P.G. 206-07) Suspension From Duty Uniformed Member of the Service (P.G. 206-08) Modified Assignment (P.G. 206-10) Administration of Drug Screening Tests for Cause (P.G. 205-30) Removal and Restoration of Firearms (P.G. 206-17) FORMS AND REPORTS SUPERVISOR’S FITNESS FOR DUTY REPORT (PD469-150) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-13 INTERROGATION OF MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To protect the rights of the member of the service (uniformed or civilian) in an official Department investigation. PROCEDURE Prior to questioning a member of the service (uniformed or civilian) who is the subject or a witness in an official investigation: INTERROGATING 1. OFFICER NOTE Permit member to obtain counsel if: a. A serious violation is alleged, OR b. Sufficient justification is presented although the alleged violation is minor. All members of the service who are the subject of an official investigation or are a witness in an official investigation, shall be given a reasonable period of time to obtain and confer with counsel prior to questioning. Interrogations of members in routine, non-critical matters should be scheduled during business hours on a day when the member is scheduled to work. Interrogations in emerging investigation, where there is a need to gather timely information, should usually be done after all preliminary steps and conferrals have been completed and the member to be questioned has been afforded a reasonable time to obtain and confer with counsel. In determining what is a reasonable period of time, consideration should be given to the nature of the investigation, the need for the Department to have the information possessed by the member in a timely manner, and the stage the investigation is at when the need to question the member has been determined. The emergent nature and exigent circumstances of each investigation will determine the length of time afforded the member before questioning is conducted. However, in all cases the determination as to what is a reasonable time will be made by the captain (or above) in charge of the investigation. 2. 3. 4. Inform member concerned of: a. Rank, name and command of person in charge of investigation b. Rank, name and command of interrogating officer c. Identity of all persons present d. Whether he is subject or witness in the investigation, if known e. Nature of accusation f. Identities of witnesses or complainants (address need not be revealed) except those of confidential source or field associate unless they are witnesses to the incident g. Information concerning all allegations. h. The Department’s policy regarding making false statements (see P.G. 203-08). Permit representative of department line organization to be present at all times during interrogation. Conduct interrogation at reasonable hour, preferably when member is on duty during daytime hours. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-13 INTERROGATING OFFICER (continued) PAGE: 08/01/13 5. 6. 7. 8. NOTE REVISION NUMBER: 2 of 3 Ensure that interrogation is recorded either mechanically or by a department stenographer. a. The Department Advocate will determine if a transcript is required in non-criminal or minor violation cases. DO NOT use: a. “Off the record” questions b. Offensive language or threats (transfer, dismissal or other disciplinary punishment) c. Promises of reward for answering questions. Regulate duration of question periods with breaks for meal, personal necessity, telephone call, etc. Record all recesses. Interrogations may be conducted before or after CHARGES AND SPECIFICATIONS (PD468-121) have been served. An interrogation conducted after service of charges must be completed at least ten days prior to the date of Department trial except as directed by the Deputy Commissioner - Trials. 9. Conduct interrogation within a reasonable time after disposition of criminal matter, when member was arrested, indicted or under criminal investigation. DEPARTMENT ADVOCATE 10. Furnish member with copy of tape of interrogation no later than twenty days after service of charges. a. If interrogation was conducted after service of charges, tape must be furnished to member no later than five days after interrogation b. Furnish transcript, if one was prepared, by 1000 hours on trial date, in all cases. NOTE When the Department trial date is scheduled immediately after CHARGES AND SPECIFICATIONS are served, the Deputy Commissioner - Trials will grant the Department reasonable time to conduct an interrogation. In any event, a copy of the tape and a copy of the transcript must be furnished as indicated above, if appropriate. COMMANDING 11. OFFICER OF MEMBER MEMBER OF THE SERVICE 12. 13. SUPERVISOR IN CHARGE OF INVESTIGATION 14. Assign member to 2nd Platoon, if possible. Answer questions specifically directed and narrowly related to official duties. (Refusal shall result in suspension from duty). Submit OVERTIME REPORT (PD138-064) if lost time accrues as result of investigation. Notify the desk officer immediately when member of the service is directed to leave his post or assignment to report for an official investigation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-13 SUPERVISOR IN CHARGE OF INVESTIGATION REVISION NUMBER: PAGE: 08/01/13 3 of 3 15. Ensure that notifications concerning official investigations are properly recorded in appropriate Department records when made to or recorded from: a. Complainants b. Witnesses c. Lawyers d. Respondents e. Other interested parties. DESK OFFICER 16. Record in appropriate department records and notify the investigating command immediately of notifications or messages received from: a. Lawyers b. Witnesses c. Complainants d. Other interested parties involved in the subject investigation. (continued) ADDITIONAL DATA If a member of the service (uniformed or civilian) is under arrest or is the subject of a criminal investigation or there is a likelihood that criminal charges may result from the investigation, the following warnings shall be given to the member concerned prior to commencement of the interrogation: “I wish to advise you that you are being questioned as part of an official investigation by the Police Department. You will be asked questions specifically directed and narrowly related to the performance of your duties. You are entitled to all the rights and privileges guaranteed by the laws of the State of New York, the Constitution of this state and the Constitution of the United States, including the right not to be compelled to incriminate yourself and the right to have legal counsel present at each and every stage of this investigation. I further wish to advise you that if you refuse to testify or to answer questions relating to the performance of your official duties, you will be subject to departmental charges, which could result in your dismissal from the Police Department. If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceedings. However, these statements may be used against you in relation to subsequent departmental charges.” The questions and answers resulting from the interrogation conducted pursuant to this procedure are confidential. They are not to be revealed nor released to any person or agency outside the department without prior written approval of the Deputy Commissioner - Legal Matters. If a subpoena duces tecum is received for any such questions and answers, the Legal Bureau should be contacted immediately. FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) OVERTIME REPORT (PD138-064) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-14 SEALING DISCIPLINARY RECORDS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To ensure that disciplinary records regarding Schedule “B” command disciplines and certain corruption/misconduct allegations are sealed in a member’s Central Personnel Index file. DEFINITION SEALED - Information is suppressed on member’s Central Personnel Index whenever background inquiry is made, including promotion and transfer requests. PROCEDURE When a member of the service wishes to seal all records pertaining to a Schedule “B” command discipline: MEMBER OF THE SERVICE 1. Prepare a Typed Letterhead addressed to commanding officer requesting the sealing of Schedule “B” command discipline on the 3rd anniversary from the date of disposition. COMMANDING 2. OFFICER/ 3. EXECUTIVE OFFICER Determine if requesting member received charges and specifications and/or additional Schedule “B” command discipline(s) during the above time frame. Expunge SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) from member’s command folder, endorse original request and forward to Employee Management Division, if no additional violations. a. If member has been the subject of an additional violation(s), advise member by endorsement on original request and file copy in member’s command folder. b. Advise member that he/she may resubmit request three years after the disposition of the most recent disciplinary violation. UPON RECEIPT OF ENDORSED REQUEST EMPLOYEE MANAGEMENT DIVISION 4. ADDITIONAL DATA Allegations of misconduct (“M” Cases) or corruption (“C” Cases) which result in a final disposition of exonerated or unfounded will be sealed in the member’s Central Personnel Index by the Internal Affairs Bureau. Sealed allegations and command disciplines will only be available to the Internal Affairs Bureau for statistical evaluations and internal investigations. Additionally, these records will be made available to the Legal Bureau and the Early Intervention Unit as necessary to enable those commands to perform their respective responsibilities. RELATED PROCEDURES Command Discipline (P.G. 206-02) Authorized Penalties Under Command Discipline (P.G. 206-04) FORMS AND REPORTS SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) Typed Letterhead 5. 6. Seal Schedule “B” command discipline on member’s Central Personnel Index if satisfied clemency requirement has been met. Endorse original request and return to member concerned. Forward a copy of endorsed request to: a. Disciplinary Assessment Unit b. Department Advocate’s Office. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-15 SEALING DISCIPLINARY CHARGES DATE ISSUED: 11/21/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 11/21/13 1 of 2 PURPOSE To seal disciplinary charges in a member of the service’s Central Personnel Index file, the Department Advocate’s Office Disciplinary Record System database and any other folders/files where disciplinary charges are maintained. PROCEDURE When a member of the service (uniformed or civilian) who has been found “not guilty” after a Department trial requests to have disciplinary charges sealed: UNIFORMED MEMBER OF THE SERVICE 1. NOTE A trial decision is final on the date it is signed by the Police Commissioner. Prepare request on Typed Letterhead, not earlier than two years following final decision after trial, and include: a. Name of member of the service b. Shield/tax registry number c. Department Advocate’s Office case number d. Date of final decision by Police Commissioner 2. Forward request direct to Commanding Officer, Department Advocate’s Office. COMMANDING 3. 4. OFFICER, DEPARTMENT ADVOCATE’S OFFICE Review request to have disciplinary charges sealed. Make recommendation to Police Commissioner, through channels, considering: a. Member’s overall service record b. Nature of charges c. Other relevant factors. Attach request to recommendation and forward to Deputy Commissioner, Department Advocate. 5. DEPUTY 6. Review recommendation and request. a. Forward with comments to First Deputy Commissioner by endorsement. FIRST DEPUTY 7. COMMISSIONER Review endorsed recommendation and forward to Police Commissioner by endorsement with recommendation for final determination. POLICE COMMISSIONER Approve/disapprove request by endorsement after review of recommendations. Have approved/disapproved request forwarded to Commanding Officer, Department Advocate’s Office, through channels. COMMISSIONER, DEPARTMENT ADVOCATE 8. 9. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-15 PAGE: 11/21/13 COMMANDING 10. OFFICER, DEPARTMENT 11. ADVOCATE’S OFFICE 12. 13. COMMANDING 14. OFFICER, MEMBER CONCERNED ADDITIONAL DATA REVISION NUMBER: 2 of 2 File approved/disapproved requests in appropriate case folder for member concerned. Seal the appropriate disciplinary record in Department Advocate’s Disciplinary Record System database, if request approved. a. Request that Central Personnel Index Unit seal the appropriate charges and specifications in member’s Central Personnel Index file, for approved cases. Notify member concerned, in writing, of final determination of Police Commissioner, whether approved or disapproved. Request that Commanding Officer of member concerned delete relevant disciplinary record in folder/files, i.e., personal folder, integrity control officer’s investigation folder, etc., for approved cases. Ensure the deletion of member’s disciplinary record from folders/files maintained in command, for approved cases. The Department Advocate’s Office shall ensure that charges and specifications from a member’s Central Personnel Index file and the Department Advocate’s Office Disciplinary Record System database are sealed whenever: a. The charges were dismissed based on establishing (in the dismissal memorandum) that a violation of Department regulations did not occur, OR b. The charges were based on mistaken identification. The dismissal memorandum submitted by the Department Advocate shall include a recommendation that the charges be sealed in the member’s Central Personnel Index file and the Department Advocate’s Disciplinary Record System database. Once a disciplinary record is sealed, it may NOT be referred to when a member is being promoted, transferred or being considered for a detail assignment. However, the Department Advocate’s Office disciplinary case file, including copies of CHARGES AND SPECIFICATIONS (PD468-121), may be utilized for informational purposes as necessary. FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-16 REVIEW OF ARREST CASES INVOLVING A MEMBER OF THE SERVICE AS A DEFENDANT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To enable the Department’s Special Prosecutor to conduct an immediate, initial review of all criminal cases where a member of the service is a defendant, and to ensure appropriate case assignment. PROCEDURE When a member of the service is arrested: BUREAU/UNIT MAKING ARREST 1. Ensure copies of reports (i.e. Typed Letterhead, addressed to First Deputy Commissioner, and other arrest paperwork) are hand delivered on day of occurrence or by 0900 hours next business day. DEPARTMENT SPECIAL PROSECUTOR 2. 3. Review investigative reports concerning arrest. Recommend to the First Deputy Commissioner that the matter be assigned to either the Department Advocate’s Office, or the Department Special Prosecutor’s Office. NOTE If the case is appropriate for assignment to the Department Special Prosecutor’s Office, wording of charges and specifications will be prepared by the Department Special Prosecutor and returned to the Commanding Officer, Department Advocate’s Office for all necessary processing. The case will then be assigned to the Department Special Prosecutor’s Office. However, if the case is appropriate for assignment to the Department Advocate’s Office, the case folder will be returned to the Commanding Officer, Department Advocate’s Office and assigned to an attorney for consultation and approval of charges. 4. 5. Maintain a log of all cases. Inform unit concerned of case assignment as determined by the First Deputy Commissioner. PENDING CRIMINAL CASE WHERE MEMBER OF THE SERVICE HAS NOT BEEN SEPARATED FROM DEPARTMENT PRIOR TO CONCLUSION OF CRIMINAL CASE: BUREAU/UNIT RESPONSIBLE FOR ARREST 6. 7. Monitor each court appearance of subject member of the service. Notify assigned Department prosecutor (Department Advocate or Department Special Prosecutor) upon conclusion of criminal matter. a. Initiate additional investigation, as directed. WHEN MEMBER OF THE SERVICE IS CONVICTED: DEPARTMENT ADVOCATE/ SPECIAL PROSECUTOR 8. Recommend an appropriate administrative disposition of case upon being notified of a conviction. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-16 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 2 In cases where the recommendation is dismissal, a Final Order of Dismissal and appropriate base papers will be submitted to the First Deputy Commissioner. DISMISSAL OF CRIMINAL MATTER (ACQUITTAL, VIOLATION, ETC.): DEPARTMENT ADVOCATE/ SPECIAL PROSECUTOR 9. Evaluate the case, and make an appropriate recommendation to the First Deputy Commissioner, without delay upon notification of dismissal of the criminal matter. FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-17 REMOVAL AND RESTORATION OF FIREARMS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To remove firearms from a uniformed member of the service at the direction of a ranking officer or other competent authority. NOTE This procedure does not pertain to members whose firearms removal is based on nondisciplinary factors, or who voluntarily surrender firearms solely for safekeeping while experiencing a current personal problem off-duty, (e.g. potential domestic violence accusations). See Patrol Guide procedure 205-47, “Temporary Removal of Firearms In Non-Disciplinary Cases.” SCOPE Firearms may be removed from a uniformed member of the service for disciplinary as well as non-disciplinary reasons. In incidents where there is no misconduct and no disciplinary action is anticipated, the member will not be placed on modified assignment. When a firearms removal is based on nondisciplinary factors, the ranking officer directing the removal will comply with the applicable provisions of Patrol Guide procedure 205-47, “Temporary Removal of Firearms in Non-Disciplinary Cases.” DEFINITION RANKING OFFICER - For the purposes of this procedure, a ranking officer is a uniformed member of the service in the rank of sergeant or above. PROCEDURE When a uniformed member of the service is suspended or placed on modified assignment, or when a police surgeon, ranking officer or other competent authority believes a uniformed member of the service is unable to properly safeguard his firearms. SURGEON/ COMPETENT AUTHORITY 1. 2. Request Communications Section to send a ranking officer to scene if necessary. Direct member concerned to surrender all pistols, revolvers, IDENTIFICATION CARD (PD416-091) and shield. RANKING OFFICER 3. 4. 5. Obtain member’s pistols, revolvers, shield and IDENTIFICATION CARD. Deliver property to precinct where the order to surrender was given. Direct member who is assigned to restricted duty to report to Employee Management Division for new IDENTIFICATION CARD. Question member to determine if he possesses additional pistols or revolvers. 6. DESK OFFICER 7. PRECINCT OF SURRENDER 8. Notify member’s permanent command and request a check of member’s FORCE RECORD (PD406-143) to determine if all weapons listed have been surrendered. Arrange to obtain other pistols and revolvers if necessary. a. The precinct/command where any of the member’s pistols or revolvers are located may be directed to retrieve the weapons and deliver them to either the member’s command or to the command in which the investigation is being conducted, if appropriate. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-17 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 9. PRECINCT OF 10. SURRENDER (continued) 11. 12. 13. 2 of 3 Notify Medical Division - Sick Desk and obtain a Firearms Removal serial number. Have PROPERTY CLERK INVOICE (PD521-141) prepared for firearms obtained, including notation “PROPERTY OF SUSPENDED/ MODIFIED ASSIGNMENT MEMBER - NOT TO BE RETURNED UNLESS APPROVED COPY OF REMOVAL/RESTORATION OF FIREARMS REPORT (PART B) (PD524-152) IS PRESENTED.” Prepare REMOVAL/RESTORATION OF FIREARMS REPORT (PD524-152) and distribute according to instructions on form. Send firearms with PROPERTY CLERK INVOICE by messenger to borough office of Property Clerk. a. Forward to Firearms Analysis Section if circumstances warrant. Forward IDENTIFICATION CARD and shield with one copy of REMOVAL/RESTORATION OF FIREARMS REPORT by messenger to the Employee Management Division – Shield and Identification Card Unit by next business day and obtain receipt for file in command. TO RESTORE FIREARMS TO A MEMBER WHEN REASON FOR REMOVAL NO LONGER EXISTS: 15. Obtain from desk officer the three copies of the appropriate REMOVAL/RESTORATION OF FIREARMS REPORT which have been retained in command. Sign request statement in Part B and submit to commanding officer. COMMANDING 16. OFFICER Indicate APPROVAL or DISAPPROVAL on Part B and forward two copies to the Medical Division. MEMBER CONCERNED 14. NOTE If DISAPPROVED, state reason in Part B. C.O., MEDICAL DIVISION 17. Recommend approval or disapproval and forward both copies to the First Deputy Commissioner. FIRST DEPUTY COMMISSIONER 18. APPROVE or DISAPPROVE request. a. Return both copies of REMOVAL/RESTORATION OF FIREARMS REPORT indicating action taken to command of member concerned through the Medical Division. COMMANDING 19. OFFICER Return both copies of approved REMOVAL/RESTORATION OF FIREARMS REPORT to member concerned. a. Return one copy of disapproved REPORT to member concerned and file second copy. 20. Present one approved copy of REMOVAL/RESTORATION OF FIREARMS REPORT to: a. Employee Management Division – Shield and Identification Card Unit for return of shield and IDENTIFICATION CARD. MEMBER CONCERNED NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-17 MEMBER CONCERNED REVISION NUMBER: PAGE: 08/01/13 b. 3 of 3 Property Clerk’s borough office for return of firearms. (Shield and IDENTIFICATION CARD must be shown). (continued) RELATED PROCEDURES Cause for Suspension or Modified Assignment (P.G. 206-07) Suspension from Duty Uniformed Member of the Service (P.G. 206-08) Modified Assignment (P.G. 206-10) Removal of Firearms from Intoxicated Uniformed Member of the Service (P.G. 206-12) FORMS AND REPORTS FORCE RECORD (PD406-143) PROPERTY CLERK INVOICE (PD521-141) REMOVAL/RESTORATION OF FIREARMS REPORT (PD 524-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-18 CITYWIDE COMMAND DISCIPLINE SYSTEM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 1. The Department has developed a Citywide Command Discipline System. This application shall be utilized by the Office of Equal Employment Opportunity to track the issuance of command disciplines throughout the Department. The initial phases of this program affected all citywide Patrol Services, the Transit, Housing and Internal Affairs Bureaus as well as the Criminal Justice, Detective, Organized Crime Control and Support Services Bureaus. Effective upon publication of this order, the program will be expanded to include all of the remaining Department commands citywide. All commands shall implement the use of the Command Discipline System. 2. The Integrity Control Officers (ICOs) and Assistant Integrity Control Officers (Asst. ICOs) of all commands citywide will be responsible for entering all 2005 command discipline data and maintaining the Command Discipline System thereafter. Information contained in the present Command Discipline forms and Command Discipline Log will remain available at the command level, consistent with current practices. The records obtained through the Command Discipline System will be used for analytical purposes; however, the system has been designed to allow for analysis without changing current practices regarding command disciplines. NOTE The Command Discipline System is a confidential application. Access to the system shall be restricted to Commanding Officers, Executive Officers, Integrity Control Officers, Assistant Integrity Control Officers, and other personnel specifically authorized by the Commanding Officer concerned. 3. The Commanding Officers of all commands are required to forward a request, on Typed Letterhead, to the Assistant Commissioner of the Office of Equal Employment Opportunity, One Police Plaza, Room 600, identifying the name and tax registry number of the Integrity Control Officer, Assistant Integrity Control Officer, Executive Officer and other authorized personnel for authorization to access the system. When members of the service are required to enter command discipline data into the database utilizing multiple command codes, each command code that access is required for, must be indicated on the request. The request shall also include the name and telephone number of a designated member of the service within the command who will assist in coordinating training for new users of the system. 4. Commanding Officers, Executive Officers, ICOs, Asst. ICOs, and other authorized personnel are reminded of the following mandates: a. The ICO/Asst. ICO/other authorized member is required to create a new command discipline record for each command discipline issued by entering all relevant information into the system within five working days of the issuance of a command discipline. b. Within five working days of the adjudication of a command discipline, the ICO/ Asst. ICO/other authorized member shall complete all system entries pertaining to the adjudication of the command discipline. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 206-18 NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 c. Within five working days of the completion of the adjudication entries by the ICO/Asst. ICO/other authorized member, the Commanding Officer/Executive Officer shall be responsible to review the command discipline record and finalize (sign-off) the record to verify that it is accurate and complete. d. ICOs and Assistant ICOs who do not have access to the Department’s Wide Area Network (WAN) must personally enter command discipline data pertaining to members of their command at their next higher command that possesses WAN access. Access to the command discipline system requires both a “CESN” password issued by MISD and system authorization by OEEO. “CESN” passwords can be obtained by sending a written request to the Commanding Officer, Management Information Systems Division. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-19 ORDERS OF PROTECTION SERVED ON MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To inform members of the service of the procedure to follow when notified that they are the respondent/defendant of any Order of Protection. SCOPE All uniformed members of the service are required as a condition of employment to remain qualified to possess firearms for the duration of their tenure with the Department. Members who are the respondent/defendant of an Order of Protection that limits firearms possession may be subject to a change in duty status and/or disciplinary action up to and including termination. PROCEDURE When a uniformed member of the service is notified that they are the subject of any Order of Protection: UNIFORMED MEMBER OF THE SERVICE 1. Notify commanding officer immediately. a. If command is not open, notify Internal Affairs Bureau, Command Center and obtain log number, and Operations Unit. OPERATIONS UNIT 2. Direct appropriate patrol borough duty captain to respond to member’s current location within residence counties, if member’s command is not open. INITIAL INVESTIGATION OF AN ORDER OF PROTECTION SERVED ON MEMBER COMMANDING 3. OFFICER/ DUTY 4. CAPTAIN 5. 6. Notify: a. Internal Affairs Bureau, Command Center, and obtain log number b. Bureau/borough Investigations Unit, to respond and assist. Conduct investigation to determine if there is a basis for firearms removal. a. Place member on modified assignment if Order of Protection prohibits firearms possession at all times, or if otherwise appropriate. b. If Order of Protection prohibits firearms possession off-duty only, and member is not to be placed on modified assignment, member will be required to safeguard all firearms at command while off-duty. (See P.G. 206-20, “Orders of Protection Prohibiting Off-Duty Firearms Possession by Uniformed Members of the Service.”) Prepare a report on Typed Letterhead to the Chief of Internal Affairs and include: a. Details of investigation b. Decision regarding member’s duty status c. Specifics of the Order of Protection. Forward additional copies of report to: a. First Deputy Commissioner b. Deputy Commissioner, Personnel c. Commanding Officer, Performance Analysis Section d. Commanding Officer, Investigations Unit concerned e. Commanding officer of member concerned, if applicable. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-19 REVISION NUMBER: PAGE: 08/01/13 2 of 3 MEMBER IS THE SUBJECT OF A FINAL ORDER OF PROTECTION PROHIBITING FIREARMS POSSESSION AT ALL TIMES COMMANDING 7. OFFICER/ DUTY CAPTAIN 8. 9. 10. 11. ADDITIONAL DATA Notify: a. Internal Affairs Bureau, Command Center, and obtain log number b. Bureau/borough Investigations Unit, to respond and assist c. Commanding Officer, Performance Analysis Section, if the Final Order of Protection will continue for greater than six months. Place member on modified assignment if member is currently full-duty. Prepare a report on Typed Letterhead to the Deputy Commissioner, Personnel and include: a. Details of investigation b. Specifics of the Order of Protection. Forward additional copies of report to: a. First Deputy Commissioner b. Deputy Commissioner, Department Advocate c. Deputy Commissioner, Legal Matters d. Chief of Internal Affairs e. Commanding Officer, Performance Analysis Section f. Commanding Officer, Investigations Unit concerned g. Commanding officer of member concerned, if applicable. Direct member to report to Employee Management Division, Performance Analysis Section, if the Final Order of Protection will continue for greater than six months. REPORTING TO THE PERFORMANCE ANALYSIS SECTION When a member is ordered to report to the Employee Management Division, Performance Analysis Section, the member will report immediately or between the hours of 0900 and 1800 hours on the next business day member is scheduled to work, as appropriate. FINAL ORDERS OF PROTECTION Members who are the recipients of Final Orders of Protection prohibiting firearms possession at all times (on and off-duty) will be given the opportunity to apply to the issuing court for a modification of the Order to allow the member to possess firearms while on-duty. If the member is unable to have the Final Order of Protection modified, or declines to seek such modification within six months from the date of issuance, the member will be subject to termination from the Department if the member has not retired, vested, or resigned. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 206-19 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 CIVILIAN MEMBER OF THE SERVICE RESPONDENT/DEFENDANT OF ORDER OF PROTECTION ADDITIONAL DATA (continued) Whenever a civilian member of the service becomes aware that they are the respondent/defendant of any Order of Protection, they must immediately notify their commanding officer/supervisory head. The commanding officer/supervisory head will notify the Internal Affairs Bureau, Command Center, and obtain log number. The member will be interviewed and an investigation will be conducted to determine if the member should continue to perform duty. The commanding officer/supervisory head will prepare a report to the Chief of Internal Affairs and forward additional copies to the Commanding Officer, Employee Management Division, and the Investigations Unit concerned. MEMBER OF THE SERVICE COMPLAINANT ON ORDER OF PROTECTION In cases where the member of the service is a petitioner/complainant on an Order of Protection, for safety reasons the member must notify their commanding officer. If necessary, those affected should comply with the provisions of P.G. 212-31, “Threats to Members of the Service.” RELATED PROCEDURES Modified Assignment (P.G. 206-10) Removal and Restoration of Firearms (P.G. 206-17) Allegation of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21) Family Offenses and Domestic Violence Involving Uniformed or Civilian Members of the Service (P.G. 208-37) Threats to Members of the Service (P.G. 212-31) Orders of Protection Prohibiting Off-Duty Firearms Possession by Uniformed Members of the Service (P.G. 206-20) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Disciplinary Matters Procedure No: 206-20 ORDERS OF PROTECTION PROHIBITING OFF-DUTY FIREARMS POSSESSION BY UNIFORMED MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To inform members of the procedures to follow when a uniformed member of the service is served with an Order of Protection prohibiting firearms possession offduty only, and the member is to be continued on full-duty status. SCOPE A uniformed member of the service who is served with an Order of Protection prohibiting off-duty firearms possession only, may continue on full-duty status if there is no basis for placing the member on modified assignment. The member will be required to safeguard all firearms while off-duty. PROCEDURE When a uniformed member is served with an Order of Protection prohibiting offduty firearms possession only, and the member is to be continued on full-duty status: COMMANDING 1. OFFICER/ DUTY CAPTAIN 2. 3. DESK OFFICER/ SUPERVISOR, MEMBER’S PERMANENT COMMAND 4. 5. 6. Request that member concerned complete ACKNOWLEDGEMENT OF RESPONSIBILITIES CONCERNING COURT ORDER LIMITING FIREARMS POSSESSION (PD424-010) form. a. Place member on modified assignment if member fails or refuses to complete this form. Ensure all firearms (including handguns, rifles, and shotguns) owned or possessed by member have been accounted for. a. Question member concerning firearms ownership and possession b. Notify desk officer/supervisor, member’s permanent command, and request a check of appropriate records. Designate a location at member’s command where member’s service weapon, authorized off-duty weapon (if applicable), “FULL DUTY” IDENTIFICATION CARD, and shield are to be safeguarded while member is off-duty. Assist commanding officer/duty captain in determining if all firearms owned or possessed by member have been surrendered. a. Check member’s FORCE RECORD (PD406-143) b. Notify Police Academy, Firearms and Tactics Section, and request a check of records maintained regarding member’s firearms ownership c. Arrange to obtain additional firearms as necessary. Have firearms, other than service weapon and authorized off-duty weapon, vouchered for safekeeping (see P.G. 218-23, “Processing Firearms and Firearm-Related Evidence,” “ADDITIONAL DATA” statement). a. Ensure “Remarks” section of PROPERTY CLERK INVOICE (PD521-141) includes the following statement: “Property of a uniformed member of the service – not to be returned without written authorization of Commanding Officer, Performance Analysis Section” b. Ensure member receives copy of INVOICE. Direct member to report to the Employee Management Division, Performance Analysis Section. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-20 UNIFORMED MEMBER OF THE SERVICE REVISION NUMBER: PAGE: 08/01/13 7. 8. 2 of 4 Report to Employee Management Division, Performance Analysis Section as directed, with all of the following: a. “FULL DUTY” IDENTIFICATION CARD b. Original copy of ACKNOWLEDGEMENT OF RESPONSIBILITIES CONCERNING COURT ORDER LIMITING FIREARMS POSSESSION c. Copy of report prepared by commanding officer/duty captain d. Copy of PROPERTY CLERK INVOICE for vouchered firearms, if applicable. Report to Shield Unit and Identification Card Unit as directed and obtain a “NO FIREARMS” IDENTIFICATION CARD. GUIDELINES FOR SAFEGUARDING DESIGNATED ITEMS UNIFORMED MEMBER OF THE SERVICE 9. 10. DESK OFFICER/ SUPERVISOR, MEMBER’S PERMANENT COMMAND 11. Deliver service weapon, authorized off-duty weapon (if applicable), “FULL DUTY” IDENTIFICATION CARD, and shield to desk officer/supervisor prior to signing out at the end of each tour. a. Retrieve “NO FIREARMS” IDENTIFICATION CARD from desk officer/supervisor. Retrieve service weapon, authorized off-duty weapon (if applicable), “FULL DUTY” IDENTIFICATION CARD, and shield from desk officer/supervisor when reporting for duty each day. a. Deliver “NO FIREARMS” IDENTIFICATION CARD to desk officer/supervisor. Make a Command Log entry when safeguarding or returning member’s service weapon, authorized off-duty weapon (if applicable), “FULL DUTY” or “NO FIREARMS” IDENTIFICATION CARD, and shield. a. Safeguard items in designated location. WHEN ORDER OF PROTECTION IS EXPIRED OR VACATED UNIFORMED MEMBER OF THE SERVICE 12. COMMANDING 13. OFFICER 14. 15. 16. Notify commanding officer. Verify that Order of Protection is expired or has been vacated, and that there are no active Orders of Protection against member concerned. a. Contact court of issuance b. Telephone Central Records Division, Identification Section c. Conduct an Order of Protection inquiry via the FINEST system. Prepare a report on Typed Letterhead to the Commanding Officer, Performance Analysis Section with status of Order of Protection. Instruct member not to carry any firearms while off-duty until authorization is received from Commanding Officer, Performance Analysis Section. Direct member to report to the Employee Management Division, Performance Analysis Section. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 206-20 UNIFORMED MEMBER OF THE SERVICE PAGE: 08/01/13 17. 18. ADDITIONAL DATA REVISION NUMBER: 3 of 4 Report to the Employee Management Division, Performance Analysis Section as directed, with all of the following: a. “NO FIREARMS” and “FULL DUTY” IDENTIFICATION CARDS b. Copy of expired or vacated Order of Protection c. Copy of report prepared by commanding officer/duty captain (1) Member concerned will not be permitted to carry any firearms while off-duty until commanding officer receives authorization from Commanding Officer, Performance Analysis Section. Report, when directed, to Property Clerk Office with: a. “FULL DUTY” IDENTIFICATION CARD b. Copy of PROPERTY CLERK INVOICE c. Original report from Commanding Officer, Performance Analysis Section, authorizing return of all firearms. REPORTING TO THE PERFORMANCE ANALYSIS SECTION When a member is ordered to report to the Employee Management Division, Performance Analysis Section, the member will report immediately or between the hours of 0900 and 1800 hours on the next business day member is scheduled to work, as appropriate. OPERATIONAL CONSIDERATIONS Personnel Bureau Investigations Unit members will make unannounced visits to commands where Departmental property is safeguarded under the provisions of this procedure. Command Log inspections will be performed to ensure that entries are made documenting the safeguarding of weapons, IDENTIFICATION CARDS, and shields for affected members of the service. Commanding officers of affected commands will ensure that Personnel Bureau Investigations Unit members have access to these items during their visits. LEGAL CONSIDERATIONS The ACKNOWLEDGEMENT OF RESPONSIBILITIES CONCERNING COURT ORDER LIMITING FIREARMS POSSESSION form includes the member’s obligation to safeguard all firearms with the Department at all times while off-duty, and advises the member that no new firearms may be purchased. Failure to comply with the court order may result in criminal charges and court sanctions, as well as Departmental charges, which can lead to termination. Failure or refusal to complete the form will result in the member being placed on modified assignment and subject the member to disciplinary action. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 206-20 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 RELATED PROCEDURES Modified Assignment (P.G. 206-10) Removal and Restoration of Firearms (P.G. 206-17) Allegation of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21) Family Offenses and Domestic Violence Involving Uniformed or Civilian Members of the Service (P.G. 208-37) Threats to Members of the Service (P.G. 212-31) Processing Firearms and Firearm-Related Evidence (P.G. 218-23) FORMS AND REPORTS ACKNOWLEDGEMENT OF RESPONSIBILITIES CONCERNING ORDER LIMITING FIREARMS POSSESSION (PD424-010) FORCE RECORD (PD406-143) IDENTIFICATION CARD (PD416-091) PROPERTY CLERK INVOICE (PD521-141) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT COURT PATROL GUIDE Section: Complaints Procedure No: 207-01 COMPLAINT REPORTING SYSTEM DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 6 DEFINITIONS ON LINE COMPLAINT SYSTEM (OLCS) - A software program installed on Local Area Network (LAN) workstations designed to permit information from a complaint to be entered and stored on Department computers configured accordingly. This data is stored locally and centrally in the Department’s mainframe databases for subsequent crime analysis, mapping and auditing purposes. COMPLAINT - An allegation of an unlawful or improper act or omission, or other condition that necessitates investigation to determine if any unlawful act or omission occurred. PICK-UP ARREST - An arrest for an offense or juvenile delinquency not previously reported. CONTINUOUS EVENT - occurs when an offense or multiple offenses were committed against a complainant, during an ongoing situation, that occurs in different precincts and/or boroughs. SCOPE Proper complaint reporting is essential for statistical analysis, discovery of crime patterns and trends, efficient deployment of resources, and uniform crime reporting. Every member of the service involved in this process has a responsibility and obligation to ensure the integrity of this vital, strategic resource. WHERE RECORDED Complaints shall be recorded in the precinct of occurrence except as follows: a. Complaints received from a member or members of the community regarding Vice, Narcotics, or Organized Crime related offenses (see P.G. 207-08, “Preliminary Investigation Of Vice Related, Narcotics, Or Organized Crime Related Complaints”) shall be recorded at the Investigative Support Division, Organized Crime Control Bureau, EXCEPT: (1) pick-up arrests for such offenses will be recorded at the precinct of arrest; (2) found controlled substances or drug paraphernalia IN A BUILDING shall be recorded in the precinct of occurrence; (3) found controlled substances two ounces or less (NOT IN A BUILDING), or found marijuana two pounds or less, requiring investigation will be recorded in the precinct of occurrence. b. Complaints of missing New York City residents shall be recorded at the missing person’s resident precinct. c. Complaints occurring on piers, bulkheads, or dead human bodies found in navigable waters will be recorded at the precincts in which such piers or bulkheads are located or bordering the navigable waters where such bodies were found. d. Complaints occurring on waterways or islands inaccessible to patrol precinct personnel will be recorded in the precincts of record after investigation by Harbor Unit personnel. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-01 SCOPE e. f. g. h. 2 of 6 Complaints of lost property will be recorded in the precinct where complainant first discovered loss, if actual place of occurrence is unknown. Overdue leased/rented vehicle will be recorded either in the precinct where the vehicle was leased/rented or at the precinct where the vehicle is expected to be returned. A complaint involving multiple offenses occurring from a continuous ongoing event, in which the initial offense occurred in one precinct, and one or more of the additional offenses occurred in another precinct, will be recorded in the precinct in which the initial offense was committed EXCEPT: For a continuous event, the complaint will be recorded in the precinct in which the initial offense was committed unless the continuous event includes a homicide or Rape 1st Degree or a Criminal Sexual Act 1st Degree. (1) If the continuous event includes a homicide, the complaint will be recorded in the precinct where the homicide occurred, if known. If the location of occurrence is unknown, the homicide will be recorded in the precinct where the victim was discovered. (2) If the continuous event involves a Rape 1st Degree or a Criminal Sexual Act 1st Degree, the complaint will be recorded as follows: [a] If the location of the rape/Criminal Sexual Act is KNOWN, the complaint will be recorded in the precinct where the rape/criminal sexual act occurred. If the rape/Criminal Sexual Act occurred in more than one precinct, the incident will be recorded in the precinct where the initial rape/Criminal Sexual Act occurred. [b] [c] NOTE PAGE: 08/19/13 (continued) NOTE REVISION NUMBER: If the location of the rape/criminal sexual act is UNKNOWN, but the location of the initial offense is KNOWN, e.g., abduction prior to rape, the complaint will be recorded in the precinct where the initial offense occurred. If the location of the rape/criminal sexual act is UNKNOWN, and the location(s) of all other associated offenses are UNKNOWN, the complaint will be recorded in the precinct where the complainant reports the incident. The guidelines above will also apply in determining the appropriate jurisdiction code to be assigned to the COMPLAINT REPORT (i.e. NYPD -“00”, Transit -“01”, Housing “02”). HOUSING BUREAU INCIDENTS: In a continuous event that begins on-development but ends off-development, or vice versa, the jurisdictional determinant will be the location where the incident originally started. For example, a continuous event that starts on a housing development but ends off-development, will be recorded as being under the jurisdiction of the NYPD Housing Bureau. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-01 REVISION NUMBER: PAGE: 08/19/13 3 of 6 TRANSIT BUREAU INCIDENTS: Complaints under the jurisdiction of the Transit Bureau, that occur on a moving train, will be recorded as occurring at the next (very first) station where the train stops, regardless of precinct or borough boundaries. In a continuous event that begins on-transit system but ends off-transit system, or vice versa, the jurisdictional determinant will be the location where the incident originally started. For example, a continuous event that starts on a subway train but ends in the street, will be recorded as being under the jurisdiction of the NYPD Transit Bureau. SCOPE (continued) COMPLAINT REPORTING SYSTEM FORMS PROCEDURE COMPLAINT REPORT WORKSHEET (PD313-152A) - Used by reporting members to report all complaints. The “Crime Incident Data” captions on the reverse side of the form will be utilized when reporting ALL crimes and violations. COMPLAINT REPORT (PD313-152) - A report generated by the OLCS and prepared from the information recorded on the COMPLAINT REPORT WORKSHEET submitted by the reporting member. OLCS INDEX - A report generated by the OLCS which is used to chronologically record complaints received and also serves as a catalog of complaints for a particular precinct. COMPLAINT FOLLOW-UP (blue) and SECOND SHEET (PD313-081) Used by reporting/investigating officers to report additional information as per P.G. 207-09, “Follow-Up Investigation Of Complaints Already Recorded.” COMPLAINT FOLLOW-UP INFORMATIONAL (pink) and SECOND SHEET (PD313-081A) - Used by reporting/investigating officers to report additional information NOT reported on a COMPLAINT FOLLOW-UP (blue) as per P.G. 207-09, “Follow-Up Investigation Of Complaints Already Recorded.” Members of the service will record the following complaints on COMPLAINT REPORTS: 1. Complaints and pick-up arrests for crimes and violations except those complaints NOT RECORDED ON COMPLAINT REPORTS (see P.G. 207-02, “Complaints Not Recorded On The On-Line Complaint System”). 2. Complaints and pick-up arrests for juveniles charged as Juvenile Offenders (see P.G. 215-04, “Family Court Warrant For Child Abuse/Neglect Cases”). 3. Pick-up arrests of juveniles taken into custody and charged with juvenile delinquency (see P.G.215-09, “Offense Committed By A Child Under 16 Years Of Age (Other Than A Juvenile Offender”). 4. Complaints of juvenile delinquency for selected offenses as follows: a. Felonies b. Unlawful Assembly - Section 240.10, Penal Law c. Unlawful Possession of Weapons by person under sixteen years of age - Section 265.05, Penal Law d. Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances - Section 265.10, Penal Law e. Prohibited Use of Weapons - Section 265.35, Penal Law f. Possession of Burglar’s Tools - Section 140.35, Penal Law NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-01 PAGE: 08/19/13 4 of 6 g. h. i. PROCEDURE (continued) 5. 6. 7. 8. 9. 10. 11. 12. 13. ADDITIONAL DATA REVISION NUMBER: Jostling - Section 165.25, Penal Law Fraudulent Accosting - Section 165.30, Penal Law Criminal Possession of Stolen Property, 5th Degree - Section 165.40, Penal Law j. Escape, 3rd Degree - Section 205.05, Penal Law k. Issuing Abortional Articles - Section 125.60, Penal Law l. Endangering the Welfare of a Child - Section 260.10, Penal Law m. Obscenity and related offenses - Article 235, Penal Law n. Permitting Prostitution - Section 230.40, Penal Law o. Promoting Prostitution - Section 230.20, Penal Law p. Sex Offenses - Article 130, Penal Law q. Controlled Substances Offenses - Article 220, Penal Law. Complaints of lost property. Found controlled substances, marijuana, and/or drug paraphernalia under certain circumstances as per P.G. 207-08, “Preliminary Investigation Of Vice Related, Narcotics Or Organized Crime Related Complaints.” Pistols, revolvers, or other dangerous weapons possessed by a person or found under circumstances requiring investigation. Motor vehicle/bicycle collisions which result in death, serious injury and likely to die, or critical injury to an individual. Motor vehicle/bicycle collisions to which Highway District units respond and conduct an investigation. A deceased person for which this Department must notify the Medical Examiner (see P.G. 216-04, “Dead Human Body”). ALL verified incidents of work disruptions at city construction sites. Any act which would not ordinarily constitute an offense but is a violation of the conditions of an Order of Protection (see P.G. 208-36, “Family Offenses/Domestic Violence”) or an incident of suspected child abuse (see P.G. 215-03, “Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children”). A complaint of a missing person will be recorded on both an On Line COMPLAINT REPORT (WORKSHEET is not required) and a MISSING/UNIDENTIFIED PERSON REPORT (PD336-151) using the same complaint number for both reports. When multiple offenses have occurred, for crime reporting purposes, the incident will be classified based on the “top,” or most serious offense under the hierarchy generally known as the “Seven Major Felony Rule.” The order of offenses under that rule, beginning with the most serious, is as follows: a. Murder and Non-Negligent Manslaughter b. Forcible Rape/Rape 1st c. Robbery d. Felonious Assault e. Burglary f. Grand Larceny g. Grand Larceny, Motor Vehicle (a grand larceny motor vehicle coupled with a grand larceny from the vehicle will be classified as a Grand Larceny, Motor Vehicle). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-01 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/19/13 5 of 6 The attempt to commit any of the above offenses will be counted as the completed offense, except Attempted Murder, which will be counted as a Felonious Assault. Under this Seven Major Felony Rule, a murder/robbery is classified as Murder; a rape 1st/robbery, or rape 1st/felonious assault, or rape 1st/burglary is classified as Rape 1st. Any of the seven major felonies coupled with any other offense not within the seven major felony category will be classified as the appropriate major felony. For example: a. b. c. d. Murder/kidnapping will be classified as Murder; Rape 1st/kidnapping will be classified as Rape 1st; Robbery/ Criminal Sexual Act 1st will be classified as a Robbery; Robbery/kidnapping will be classified as a Robbery. If any of the reported offenses are not one of the seven major felonies, the crime classification will be determined in the following order: a. b. c. d. Sort by CATEGORY - Felony before misdemeanor before violation; Sort by CLASSIFICATION - If all felonies: Select “A” before “B” before “C”, etc. If all misdemeanors: Select “A” before “B” before “Unclassified”; Sort by DEGREE - If all offenses are “B” felonies, select “1st degree” before “2nd degree” before “3rd degree”, etc. Sort by PENAL LAW ARTICLE AND SECTION - If all offenses are 2nd degree “B” felonies, select Article 140, before Article 150, etc. The OLCS will automatically assign a complaint number to each complaint. Proper preparation of Complaint Reporting System forms requires that when space is insufficient to complete entries, additional forms will be prepared as follows: FORM BEING PREPARED ADDITIONAL FORM TO BE USED COMPLAINT REPORT WORKSHEET COMPLAINT REPORT WORKSHEET COMPLAINT FOLLOW-UP (blue) COMPLAINT FOLLOW-UP SECOND SHEET COMPLAINT FOLLOW-UP INFORMATIONAL (pink) COMPLAINT FOLLOW-UP INFORMATIONAL SECOND SHEET The following situations are applicable to the above: a. Space is insufficient in the “Property” area of the COMPLAINT REPORT WORKSHEET or COMPLAINT FOLLOW-UP (blue). “Property” information may also be continued in the “Details” area of the COMPLAINT FOLLOW-UP (blue), providing sufficient room exists and entries are clearly distinguishable from other “Details” information. b. Space is insufficient in the “Details” area of the forms. For COMPLAINT REPORT WORKSHEETS only, when required to record additional victims, witnesses, vehicles, property, and/or perpetrators that do not fit in the captions on the worksheet, use another WORKSHEET and not the details area. DO NOT enter basic information in details section but utilize appropriate captions on form(s). Use as many worksheets as is necessary (e.g., 10 victims then use 10 forms; 10 perpetrators then use 5 forms). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-01 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 6 of 6 A SEPARATE COMPLAINT REPORT WILL BE PREPARED FOR: a. EACH homicide victim (victim is complainant) b. EACH perpetrator of a crime who is killed c. EACH individual killed, seriously injured and likely to die, or critically injured as a result of a motor vehicle/bicycle collision d. EACH victim of a sex offense e. EACH victim of an assault EXCEPT if incidental to a sex offense or robbery f. EACH additional person injured in an arson (assault by fire/explosive) A new COMPLAINT REPORT will be prepared and a separate serial number assigned to record Criminal Possession of Stolen Property when the person arrested is NOT charged with the original crime (e.g., burglary, larceny, grand larceny-auto, etc.). In cases where more than two wanted or arrested persons are being reported on a COMPLAINT FOLLOW-UP (blue) or COMPLAINT FOLLOW-UP INFORMATIONAL (pink), another such form, not a SECOND SHEET, will be used. FORMS AND REPORTS The additional forms prepared must be securely stapled to the basic document before forwarding, and the following captions on the forms will be completed: a. Page _______ of _______ pages b. PRECINCT c. COMPLAINT NUMBER d. DATE Certain time limits are necessary to maintain the integrity of the crime reporting system. Therefore, COMPLAINT REPORTS must be reviewed and finalized within 24 hours of taking the report. Desk officers must transmit complaints by the conclusion of each tour. Commanding Officers will ensure that desk officers/counterparts are reviewing and transmitting all complaints entered into the OLCS as per these guidelines. ALL FOLLOW-UP reports are not currently processed via OLCS. Therefore, the COMPLAINT FOLLOW-UP (blue) must be forwarded to the Data Integrity Unit and COMPLAINT FOLLOW-UP INFORMATIONAL (pink) must be forwarded to the Criminal Records Section and prepared for manual electronic storage. Staples should NOT be used as they hamper the storage processing. These reports must be forwarded to the appropriate units within 24 hours of preparation. Regarding taxicab robberies or attempts, enter in caption “OFFENSES, if any,” Robbery/medallion or non-medallion taxicabs, as appropriate. Make a notation under “DETAILS” whether or not taxi was equipped with a partition or had any other safety devices installed and location from where passenger was picked up. COMPLAINT REPORT WORKSHEET and appropriate copies of COMPLAINT FOLLOW-UP (blue), or COMPLAINT FOLLOW-UP INFORMATIONAL (pink), if any, must be preserved, even if the information is later transferred word for word to permanent records. Such forms/reports will be attached to the precinct file copy of the relevant COMPLAINT REPORT. When using the OLCS for any reason, the MOS utilizing the system must use his/her own authorization (password). COMPLAINT FOLLOW-UP and SECOND SHEET (PD313-081) COMPLAINT FOLLOW-UP INFORMATIONAL and SECOND SHEET (PD313-081A) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-02 COMPLAINTS NOT RECORDED ON COMPLAINT REPORT DATE ISSUED: 08/01/13 COMPLAINT DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 HOW RECORDED OR REFERRED 1. Complaints of Juvenile Delinquency JUVENILE REPORT SYSTEM (Except selected offenses listed in P.G. WORKSHEET (PD377-159A) see P.G. 207-01, “Complaint Reporting System”). 215-08, “On-Line Juvenile Report System.” 2. Truancy 3. Person in need of supervision (PINS) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) see P.G. male/female less than eighteen years of age. 215-08, “On-Line Juvenile Report System”. 4. Persons wanted for crimes in or by other Referred to detective squads concerned for jurisdictions. appropriate follow-up. 5. Civilian Complaints made against CIVILIAN COMPLAINT REPORT (PD313uniformed members of the service under 154), CIVILIAN COMPLAINT REPORT the jurisdiction of the Civilian Complaint STATISTICAL SUMMARY SHEET (PD313Review Board. 154B), inform Civilian Complaint Review Board and make Command Log entry, (if no Command Log then prepare Typed Letterhead) see P.G. 207-31, “Processing Civilian Complaints.” 6. Civilian Complaints made against civilian CIVILIAN COMPLAINT REPORT (PD313members of the service, including Traffic 154), CIVILIAN COMPLAINT REPORT Enforcement Agents. STATISTICAL SUMMARY SHEET (PD313-154B), inform Internal Affairs Bureau and make Command Log entry (if no Command Log then prepare Typed Letterhead) see P.G. 207-31, “Processing Civilian Complaints.” 7. Allegation of corruption and/or serious Internal Affairs Bureau, see P.G. 207-21, misconduct and/or misconduct involving “Allegations Of Corruption And Other another member of the service. Misconduct Against Members of The Service.” 8. Allegation of corruption and/or serious Call supervising officer to scene, see P.G. misconduct and/or misconduct against self. 207-21, “Allegations Of Corruption And Other Misconduct Against Members Of The Service.” 9. Allegation of corruption and/or serious Commanding Officer (if absent, highest ranking misconduct and/or misconduct against any supervisor) and Internal Affairs Bureau, see federal, state, or city employee other than P.G. 207-22, “Allegations Of Corruption a member of the service. Against City Employees (Other Than Members Of The New York City Police Department).” YOUTH REFERRAL (PD377-153) see P.G. 215-07, “Truants.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-02 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 3 10. Unnecessary noise violations. Referred to uniformed members of the service on patrol (see P.G. 214-23, “Unnecessary Noise Violations - General Prohibitions”). 11. Found Property Command Log entry and forward REPORT OF UNCLAIMED PROPERTY (PD542-122) to Stolen Property Inquiry Section. See P.G. 218-26, “Processing Found Property.” 12. Arrest by and/or for other authorities. OLBS ARREST WORKSHEET (PD244-159) detained for authority concerned. 13. Arrest on a warrant for which a OLBS ARREST WORKSHEET (PD244-159) COMPLAINT REPORT was previously prepared or for which a parking or personal summons was previously issued. 14. Arrest of a civil nature - material witness, OLBS ARREST WORKSHEET (PD244-159) paternity warrant, etc. 15. PICK-UP ARRESTS FOR THE FOLLOWING OFFENSES WILL BE RECORDED ON OLBS ARREST WORKSHEET (PD244-159) when there are NO ADDITIONAL CHARGES which require a complaint report: a. Summonsable regulations of the New York City Administrative and Health Codes. b. Rules and Regulations of the Parks Department. c. Section 140.05, Penal Law - Trespass (Violation). d. Section 140.10, Penal Law - Criminal Trespass, 3rd Degree (B Misdemeanor). e. Section 240.40, Penal Law - Appearance in public under the influence of narcotics or drugs other than alcohol (Violation). f. Section 240.20, Penal Law - Disorderly Conduct (Violation). g. Section 165.15, Penal Law - Theft of Services (A Misdemeanor). h. Section 230.00, Penal Law - Prostitution. i. Section 240.37, Penal Law - Loitering for the purpose of: (1) Engaging in Prostitution (Violation or B Misdemeanor if previously convicted of Sections 230.00 or 230.05, Penal Law) (2) Patronizing a Prostitute (Violation or B Misdemeanor if previously convicted of Sections 230.00 or 230.05, Penal Law) (3) Promoting Prostitution (A Misdemeanor). j. Section 240.35, Penal Law - Loitering (Violation) (EXCEPT subdivision two for which a COMPLAINT REPORT will be prepared and forwarded as per instructions in P.G. 207-08, “Preliminary Investigation Of Vice Related, Narcotics Or Organized Crime Related Complaints”). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-02 NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 When an arrest has been made exclusively for the offenses listed in items ‘a’ through ‘j’ above, the On Line Complaint System will reject the COMPLAINT REPORT. When the above offenses involve multiple arrests stemming from the same incident, enter the letter “C” in the COMPLAINT NUMBER BOX (Line 28) of the ON LINE BOOKING SYSTEM ARREST WORKSHEET and C-1, C-2 for each subsequent arrest, e.g., C-7 would indicate eight persons have been arrested. FORMS AND REPORTS CIVILIAN COMPLAINT REPORT (PD313-154) CIVILIAN COMPLAINT REPORT STATISTICAL SUMMARY SHEET (PD313-154B) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) REPORT OF UNCLAIMED PROPERTY (PD542-122) YOUTH REFERRAL (PD377-153) RELATED PROCEDURES Allegations of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21) Allegations of Corruption Against City Employees (Other than Members of the NYPD) (P.G. 207-22) Processing Civilian Complaints (P.G. 207-30) Unnecessary Noise Violations - General Prohibitions (P.G. 214-23) Truants (P.G. 215-07) On-Line Juvenile Report System (P.G. 215-08) Processing Found Property (P.G. 218-26) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-03 VOIDING COMPLAINT REPORTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To eliminate complaints which were improperly recorded. PROCEDURE To VOID COMPLAINT REPORT (PD313-152) after assignment of a precinct serial number by the OLCS: DESK OFFICER 1. 2. Determine if complaint should be voided. A complaint should be voided if: a. The complaint is a duplicate of a previously reported incident, or b. The incident occurred within the confines of another precinct, or c. The incident occurred outside the confines of New York City, or d. A COMPLAINT REPORT was prepared for a complaint which should have been recorded in another manner e.g., an allegation of corruption against an MOS; a precinct complaint number was used for a complaint which should receive an OCCB number; a precinct complaint number was used for an incident/condition which should have been recorded via P.G. 212-12, “Citywide Intelligence Reporting System”, etc. Determine if COMPLAINT REPORT has been finalized (i.e., signedoff) in the OLCS. IF COMPLAINT REPORT HAS NOT BEEN FINALIZED: COMMAND CLERK 3. 4. 5. Enter reason(s) for voiding complaint under “Details” on COMPLAINT REPORT WORKSHEET. Have COMPLAINT REPORT WORKSHEET filed chronologically in rear of precinct complaint file. Utilize VOID function on the OLCS menu to properly document the VOIDED complaint in the OLCS. IF COMPLAINT REPORT HAS BEEN FINALIZED: DESK OFFICER 6. Have command clerk prepare COMPLAINT FOLLOW-UP (PD313-081). 7. 8. Reclassify original offense to “VOIDED.” Enter under “Details” on COMPLAINT FOLLOW-UP: a. The specific reason for voiding the original complaint. (1) If complaint referred to another command indicate the new command and new OLCS serial number from that command. (2) If the complaint is a duplicate of a previously reported complaint, indicate the reason for voiding as “Duplicate Report” and the original complaint serial number. Attach precinct of record copy of COMPLAINT FOLLOW-UP to precinct file copy of voided COMPLAINT REPORT. COMMAND CLERK 9. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-03 PAGE: 08/01/13 DESK OFFICER 10. NOTE REVISION NUMBER: 2 of 2 Ensure that COMPLAINT FOLLOW-UP is distributed in same manner as voided COMPLAINT REPORT. After a COMPLAINT REPORT has been finalized, a complaint serial number (voided or not) cannot be changed or reused in the OLCS. Any notifications made prior to voiding complaint will be amended after the COMPLAINT REPORT is voided. ADDITIONAL DATA There is a distinction between voided complaints and unfounded complaints. A voided complaint is one in which the COMPLAINT REPORT should not have been prepared. An unfounded case is one in which the report should have been prepared but subsequent information leads to the determination that the case should be classified as unfounded (e.g., a voided case is one in which a JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) rather than a COMPLAINT REPORT should have been prepared; an unfounded case is one in which a vehicle is reported stolen by a complainant and later a tow company informs the precinct that the vehicle was legally towed). RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Complaints Not Recorded On Complaint Report (P.G. 207-02) Citywide Intelligence Reporting System (P.G. 212-12) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-04 REPORTING OF COMPLAINTS OCCURRING IN ANOTHER COMMAND DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To refer certain complaints occurring in another command. SCOPE Complaint data entered into the OLCS from a command LAN terminal will automatically be made available via computer to a transit district covered by that precinct. Conversely, complaint data entered into the OLCS from a transit district LAN terminal will automatically be made available via computer to a precinct covered by that district. This on-line process will NOT occur if the precinct and transit district boundaries do not overlap. Therefore, when a member of the service in a precinct takes a complaint pertaining to an incident that occurred within a transit district covering that precinct, the complaint will be entered into the OLCS by that precinct’s personnel and will be finalized by the transit district desk officer. Similarly, when a member of the service in a transit district takes a complaint pertaining to an incident that occurred within a precinct covering that district, the complaint will be entered into the OLCS by that district’s personnel and will be finalized by the precinct desk officer. Transit desk officers will be responsible for finalizing ALL complaints under their jurisdiction (i.e., code 01). In any event, the procedure below MUST be followed for ALL complaints occurring in another command even where the automated transfer of data takes place in order to allow the precinct/district concerned to review COMPLAINT REPORT WORKSHEET (PD313-152A) prior to finalization. PROCEDURE When informed of a complaint which occurred in another command: MEMBER OF THE SERVICE 1. 2. 3. Thoroughly interview complainant and obtain facts. Prepare COMPLAINT REPORT WORKSHEET. Give COMPLAINT REPORT WORKSHEET to desk officer. DESK OFFICER 4. (PRECINCT TAKING 5. REPORT) Ensure applicable complaint reporting guidelines have been followed (see especially P.G. 207-07, “Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints”). Sign COMPLAINT REPORT WORKSHEET and give to stationhouse clerk. COMMAND CLERK (PRECINCT TAKING REPORT) 6. Telephone/Fax COMPLAINT REPORT WORKSHEET to precinct/ transit district of record. NOTE DO NOT input data into the precinct/transit district OLCS UNLESS the incident which required the preparation of the COMPLAINT REPORT WORKSHEET occurred within the boundaries of the precinct/transit district of record (see SCOPE statement). If COMPLAINT REPORT WORKSHEET is faxed (not telephoned) to precinct/transit district of record, the precinct/district of record will retain and file the faxed copy, i.e., the fax is NOT to be discarded. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-04 REVISION NUMBER: PAGE: 08/01/13 2 of 1 COMMAND CLERK (PRECINCT TAKING REPORT) (continued) 7. COMMAND CLERK, PRECINCT/ TRANSIT DISTRICT OF RECORD 9. ADDITIONAL DATA A complaint received in writing is forwarded direct to precinct/transit district of record. COMPLAINT REPORT is not prepared in the command that forwarded the report. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) 8. Enter precinct and/or transit district of record and title/rank, name of member of the service receiving complaint at precinct/transit district of record under “Details” on COMPLAINT REPORT WORKSHEET. Retain COMPLAINT REPORT WORKSHEET in command file. Record and process complaint as if received directly from complainant and comply with provisions of P.G. 207-07, “Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints”). a. If report was faxed, retain faxed copy in command file. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-05 DUPLICATE COPIES OF COMPLAINT REPORTS DATE ISSUED: DATE EFFECTIVE: 09/06/13 REVISION NUMBER: PAGE: 09/06/13 1 of 3 PURPOSE To have the reporting command forward finalized duplicate copies of COMPLAINT REPORTS (PD313-152) to other commands or agencies. PROCEDURE When other commands or agencies require duplicate copies of the COMPLAINT REPORT. DESK OFFICER 1. Upon finalization in OLCS, direct the command clerk to send a duplicate copy of the COMPLAINT REPORT to the command or agency as follows: COMPLAINT DUPLICATE COPY FOR 1. Occurring on property of Transit Authority New York City Transit 2. Occurring on property of Housing Authority New York City Housing Authority 3. Pistol licensee cannot be found or fails to produce his/her pistol License Division, Pistol License Section 4. Involving conduct of attorneys Deputy Commissioner-Legal Matters 5. Occurring on piers and bulkheads; boats in docks, secured at piers or bulkheads and on waterways within New York City; all incidents involving boats and jet skis (i.e., thefts of or from); evidence or contraband disposed of in the various city waterways, including lakes, ponds and rivers. Harbor Unit 6. Involving pharmacist, drug wholesaler, manufacturer or associated person re: manufacture, sale or distribution of drugs State Board of Pharmacy 7. Pickpocket and confidence game Special Frauds Squad 8. Involving credit cards Special Frauds Squad 9. Involving dealers in rifles or shotguns, licensed by the Firearms Control Board License Division, Rifle and Shotgun Section 10. Lost/stolen auxiliary police shield Auxiliary Police Section 11. Lost, stolen rifles or shotguns, or rifles or shotguns used in commission of a crime which have been recovered License Division, Rifle and Shotgun Section 12. Involving actual bombing or threat of bombing Internal Revenue Service-Assistant Regional Commissioner, Alcohol, Tobacco and Firearms Division 13. Involving food stamps U.S. Department of Agriculture 14. Occurring on Department of Education property or involves personnel of Department of Education School Safety Division NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-05 REVISION NUMBER: PAGE: 09/06/13 2 of 3 15. Involving property theft exceeding $5,000 and property is identifiable through serial numbers or markings (excluding autos) FBI, Major Theft Squad Major Case Squad 16. Involving licensed tow car owner/operator Department of Consumer Affairs 17. Involving arson or stolen/recovered explosives Arson and Explosion Squad 18. Involving arson, attempted arson, or related criminal mischief New York City Fire Department, Division of Fire Investigation 19. Occurring in a New York City municipal garage or municipal parking lot New York City Department of Transportation, Bureau of Traffic Operations 20. Occurring on Federal facility Federal Protective Service 21. Occurring on LIRR facility/Metro-North facility MTA Police 22. Occurring on CSX Transportation Company facility CSX Police 23. Occurring on property under jurisdiction of NYC Health and Hospital Corporation Health and Hospitals Corporation 24. Occurring on Port Authority facility Port Authority Police 25. Occurring on property under jurisdiction of NYC Department of Parks & Recreation NYC Department of Parks & Recreation 26. Robbery/attempted robbery and homicide/attempted homicide of drivers of medallion taxicabs, nonmedallion for-hire vehicles, and delivery trucks Central Robbery Division, Taxi Squad 27. Burglary, larceny or criminal mischief of public fallout shelter Auxiliary Police Section 28. Complaints affecting Police Headquarters area Police Headquarters Security Unit 29. Impersonation of police officer Internal Affairs Bureau (Police Impersonation Investigation Unit) 30. Lost/stolen Department property Quartermaster Section and patrol borough, detective borough or bureau concerned 31. Department of Health employees or persons impersonating Department of Health employees Inspector General, Department of Health 32. Involving suicide/suspicious deaths of U.S. Army members or their immediate family dependents U.S. Army Criminal Investigation Division NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-05 REVISION NUMBER: PAGE: 09/06/13 3 of 3 33. Any incident involving licensed yellow medallion taxis, for-hire vehicles (liveries/limousines) or their owner/drivers NYC Taxi and Limousine Commission 34. A complaint against a federal, state or city employee other than a member of the service, that does not involve an allegation of corruption and/or serious misconduct and/or misconduct (for example, driving while intoxicated or domestic violence) Internal Affairs Bureau 35. Complaints of: (1) Rape or Attempted Rape (2) Criminal Sexual Act or Attempted Criminal Sexual Act (3) Sexual Abuse, 1st degree (4) Aggravated Sexual Abuse (5) Child Abuse: victim less than eleven years of age OR any allegation of any sex crime and victim is less than thirteen years of age. Borough Special Victims Squad In Boroughs of Brooklyn and Queens, forward copy of child abuse complaints to Brooklyn or Queens Child Abuse Squad, as appropriate, instead of Special Victims Squad NOTE ANY complaint involving sex related offenses, including secondary offenses that are sex related, requires a duplicate copy of the COMPLAINT REPORT (PD313-152) to be forwarded to the designated Special Victims Squad. 36. Any graffiti incident involving defacement of public or private property Citywide Vandals Task Force 37. Defacement of New York City Transit facility property or the theft of any material from New York City Transit facilities (e.g., copper cable) Citywide Vandals Task Force 38. Involving Identity Theft Financial Crimes Task Force 39. Any offense and prisoner is a registered sex offender Sex Offender Monitoring Unit FORMS AND REPORTS COMPLAINT REPORT (PD313-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-06 NOTIFICATIONS DATE ISSUED: DATE EFFECTIVE: 10/16/13 REVISION NUMBER: PAGE: 10/16/13 1 of 3 PURPOSE To make special notifications for certain complaints. PROCEDURE Special notifications will be made upon receipt of the following complaints: DESK OFFICER 1. Notify the Operations Unit direct for: COMPLAINT Counterfeit/forged U.S. Government obligations U.S. Treasury Service Bureau Employee, Department of Health, or person impersonating such employee Inspector General, Dept. of Health AND Command Center, IAB Criminal impersonation of tax official, extortion/bribery involving employee, Department of Finance Inspector General, Dept. of Finance AND Command Center, IAB Involving property of U.S. Postal Service or postal employees performing official duty Postal Inspector-in-Charge, N.Y.C. AND Command Center, IAB Contraband weapons Alcohol, Tobacco and Firearms Division of Internal Revenue Service Actual/suspected tampering, consumer products Home invasion robbery 2. NOTE OPERATIONS UNIT TO NOTIFY Department, Secret New York State Police Organized Crime Control Bureau Field Operations Desk Notify units/agencies DIRECTLY for the following: a. Child under eighteen years of age: ABUSED, NEGLECTED OR MALTREATED - notify New York State Child Abuse and Maltreated Register. b. IMPERSONATION OF A POLICE OFFICER - notify Command Center, Internal Affairs Bureau at (212) 741-8401. Do not refer complaint to the Internal Affairs Bureau for investigation unless otherwise instructed by the IAB Command Center supervisor. Forward a copy of COMPLAINT REPORT (PD313-152) to Command Center in a sealed envelope c. INVOLVING PRIVATE CARTING INDUSTRY, CITY OWNED WHOLESALE MARKETS, OR BOATS INVOLVED IN OFFSHORE SHIPBOARD GAMBLING EMANATING FROM NEW YORK CITY LOCATIONS – notify Business Integrity Commission, via the Organized Crime Control Bureau, Field Operations Desk. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-06 REVISION NUMBER: PAGE: 10/16/13 2 of 3 The Business Integrity Commission is responsible for the following City owned Wholesale Markets: Gansevoort Meat Market, 556-89 West Street, Manhattan (6 Pct.) The New Fulton Fish Market Cooperative at Hunts Point Inc, 800 Food Center Drive, Bronx (41 Pct.) Hunts Point Cooperative Market Inc, 355 Food Center Drive, Bronx (41 Pct.) NYC Terminal Produce Cooperative Market, Halleck and Spofford Streets, Bronx (41 Pct.) Brooklyn Terminal Market, 8925 Foster Avenue, Brooklyn (69 Pct.) Brooklyn Terminal Meat Market, 5600 First Avenue, Brooklyn (72 Pct.). NOTE PUBLIC WELFARE AND PUBLIC ASSISTANCE FRAUDS: 3. Provide commanding officer with any information received regarding Public Welfare and Public Assistance Frauds. COMMANDING 4. OFFICER Submit a report of the details of the information received directly to the Police Commissioner to be forwarded to the Human Resources Administration Administrator/Commissioner of the Department of Social Services for investigation and appropriate action. a. Forward a duplicate copy of the report through channels. UNIFORMED MEMBER OF THE SERVICE ADDITIONAL DATA Ordinarily a summary arrest will NOT be made on complaints of Public Welfare and Public Assistance Frauds unless other elements are present, i.e., safety of the officer or other persons. Allegations of corruption and/or serious misconduct involving any federal, state or city employee, other than a member of the service, will be processed in accordance with P.G. 207-02, “Complaints Not Recorded On Complaint Report.” The Chief of Internal Affairs, will be responsible for notification and disbursement of information pertaining to such allegation, to the appropriate agency. Whenever a member of this Department (other than a member assigned to Internal Affairs Bureau, Detective Bureau or the Organized Crime Control Bureau) requires the assistance of the Immigration and Naturalization Service in connection with a criminal investigation, a notification will be made to the Intelligence Bureau twenty-four hours a day, seven days a week. Intelligence Bureau will process the request and the member requesting assistance will provide the Intelligence Bureau with all pertinent details and advise whether the request is of a routine or emergency nature. Intelligence Bureau will maintain a log of any such requests for assistance. Routine requests for assistance will be telephoned to the Immigration and Naturalization Service at 0800 hours each weekday morning by members assigned to the Intelligence Bureau. The Immigration and Naturalization Service will be requested to contact the requesting member of this Department. Emergency requests for assistance will be made by the Intelligence Bureau to the designated after hours Immigration and Naturalization Service supervisor or selected agent. The requesting member of the service will be notified by the Intelligence Bureau of the response that was provided by Immigration and Naturalization Service. Their response may include opening their file rooms on an after hours basis and/or to have an agent respond to a particular location. It will be the responsibility of the requesting member of the service to notify the Intelligence Bureau if Immigration and Naturalization Service fails to respond to the initial request for assistance. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-06 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 3 of 3 RELATED PROCEDURES Complaints Not Recorded On Complaint Report (P.G. 207-02) Duplicate Copies Of Complaint Reports (P.G. 207-05) On-Line Booking System Computerized Arrest Notification Printout (P.G. 208-68) Notifications - Certain Arrest Situations (P.G. 208-69) Emergency Removal or Investigation and Reporting of Abused, Neglected or Maltreated Children (P.G. 215-03) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-07 PRELIMINARY INVESTIGATION OF COMPLAINTS (OTHER THAN VICE RELATED OR NARCOTICS COMPLAINTS) DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 9 PURPOSE To investigate, record and refer complaints (other than vice, narcotics or organized crime related complaints). DEFINITION ACTIVE CASE - Investigation has not been exhausted or complaint has not been classified as closed. CLOSED CASE - A complaint which has been investigated and: a. Results have been obtained in full, or b. Results have been obtained in part and no further results can be obtained, or c. No results can be obtained, or d. Complaint referred to court for process, or e. Complaint is unfounded. UNFOUNDED CASE - One in which: a. An offense is reported and, as a result of subsequent information, it is determined that no offense occurred (this includes complaints determined to be of a civil nature only). b. A report of lost property by a complainant who later reports having misplaced the property and found it. PROCEDURE When assigned to investigate a complaint: UNIFORMED MEMBER OF THE SERVICE 1. NOTE If a complainant or witness appears to have difficulty understanding/communicating in English, the member of the service receiving the complaint should comply with P.G. 212-90, “Guidelines for Interaction with Limited English Proficient (LEP) Persons.” If a complainant or witness appears to be hearing impaired, the member of the service receiving the complaint should comply with P.G. 212-104, “Interaction with Hearing Impaired Persons.” 2. NOTE Interview complainant and witnesses, obtain facts, and safeguard evidence. Conduct thorough field investigation. a. Transmit alarm, if necessary. b. Where necessary, attempt to have witnesses remain and immediately record their names, addresses, telephone numbers, dates of birth, any relevant statements whether casually or formally made, and any other pertinent information. If investigation disclosed the identity of a person, present or not, and there is insufficient evidence to make an arrest, a warrant check will be conducted through the FINEST System or Warrants Section prior to closing the case. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-07 UNIFORMED MEMBER OF THE SERVICE (continued) 3. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). a. Indicate in the appropriate box on COMPLAINT REPORT WORKSHEET (PD313-152A) above the “details” section whether an interpreter was used during the preliminary investigation and list the name, address, and telephone number of the interpreter, as appropriate. b. Indicate “yes” and the appropriate language under the caption “Is interpreter needed for further investigation” in the victim and reporter/witness, sections of the COMPLAINT REPORT WORKSHEET, if the listed person has apparent difficulty understanding/communicating in English, regardless of whether or not further investigation is required. Determine if complaint should be closed or referred for further investigation. Notify and refer the case to the detective squad when further investigation is required for the following: a. Any offense and victim suffers a serious physical injury including assault b. Robbery and firearm or dangerous instrument was used or senior citizen (sixty years of age or older) is victim. If a Burglary/Robbery Apprehension Module exists, notify them in lieu of the detective squad. c. d. e. f. g. h. i. NOTE 2 of 9 The main criteria for referring a complaint is the need for further investigation that cannot be conducted by the field investigator, or the need of a specialist. If doubt exists as to whether a complaint should be closed or not, or whether the service of a specialist may be required, consult with patrol supervisor or desk officer. 5. NOTE PAGE: 08/19/13 4. NOTE REVISION NUMBER: Burglary and person present or property valued over $5,000.00 ($10,000.00 in Manhattan) was taken or firearm or safe involved. Crime was committed with a unique/unusual modus operandi. Complainant was the victim of the same or similar crime within the last six months. Perpetrator may be identified or is known. Similar crimes have been committed in the vicinity. Complainant, or offense committed, may create unusual community or police interest. Impersonation of a police officer or other law enforcement officer. An impersonation of a law enforcement officer coupled with a robbery will be referred to the Internal Affairs Bureau - Police Impersonation Investigation Unit (PIIU) not the detective squad. Also, a notification to Internal Affairs must be made for any police impersonation, see P.G. 20714, “Robbery Complaints Involving Police Impersonation.” The Special Victims Squad concerned will investigate robberies committed by police impersonators, which include sexual assault, and the Police Impersonation Investigation Unit will assist in the investigation. j. Identity theft. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-07 UNIFORMED MEMBER OF THE SERVICE (continued) 08/19/13 6. k. Other complaints as deemed necessary by competent authority. Notify the innocent victim of crime or surviving relative, if such victim has sustained a personal injury, death or loss of essential personal property, that compensation may be available as per the Crime Victim’s Compensation Law. a. Provide victim or relative with a Crime Victims Board Information Card. b. Check box under victim information on COMPLAINT REPORT WORKSHEET that victim or relative was notified. Promptly refer active cases directly from the scene, or through the desk officer, to the units below: UNIFORMED MEMBERS ARE CAUTIONED NOT TO DISTURB POSSIBLE EVIDENCE AT A CRIME SCENE. SEE P.G. 212-04, “Crime Scene.” a. NOTE 3 of 9 If circumstances prevent a personal notification, the detective conducting the follow-up investigation will comply with above directions and make notation of such fact on COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A). 7. NOTE PAGE: The Financial Crimes Task Force will be responsible for the investigation of all cases involving identity theft related larcenies where loss is valued at $5,000 or more, or there is a pattern involving more than one NYPD precinct, or for any case where the expertise, equipment and resources of the Financial Crimes Task Force are most appropriate to the investigation. NOTE NOTE REVISION NUMBER: SPECIAL VICTIMS SQUAD (1) Rape or Attempted Rape, all degrees (2) Criminal Sexual Act or Attempted Criminal Sexual Act, all degrees (3) Sexual Abuse, 1st degree only (4) Aggravated Sexual Abuse, all degrees A written notice will be provided to victims of sex offenses with the name, address and telephone numbers of the nearest Rape Crisis Center (see “ADDITIONAL DATA” for locations). This referral will be documented on COMPLAINT REPORT WORKSHEET under “Details” section. (5) (6) Any allegation that a child less than eleven years of age is the victim of abuse inflicted by a parent or person legally responsible for the child’s care (see P.G. 215-03, “Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children”). Any allegation that a child less than thirteen years of age is the victim of any sex crime or attempted sex crime committed by any person (see P.G. 215-03, “Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children”). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-07 REVISION NUMBER: PAGE: 08/19/13 4 of 9 Any complaint involving sex related offenses, including secondary offenses that are sex related, requires a duplicate copy of the COMPLAINT REPORT (PD313-152) to be forwarded to the designated Special Victims Squad. NOTE In the Boroughs of Brooklyn and Queens, the appropriate Child Abuse Squad will be notified instead of the Special Victims Squad for cases that fit the criteria in items (5) and (6) above. In all cases enter name of detective notified and the log or case number assigned under “Details” on COMPLAINT REPORT WORKSHEET. b. UNIFORMED MEMBER OF THE SERVICE (continued) 8. 9. DESK OFFICER 10. 11. MAJOR CASE SQUAD (1) Burglary or attempt of a bank or bank safe (2) Larceny by extortion or attempt, from a bank (3) Robbery or attempt of a bank and perpetrator not armed (simulated gun, threatening note, etc.) (4) Burglary of a truck contents over $100,000.00 (5) Larceny of a truck contents over $100,000.00 (6) Robbery of truck and contents by hijacking (7) All robberies in warehouse depots or similar locations where the object of the crime is a truck or its contents (8) All commercial burglaries in which the value of property stolen exceeds $100,000.00. (9) Art theft c. NEW YORK CITY JOINT ROBBERY TASK FORCE (1) All armed bank robberies d. HIGHWAY DISTRICT (1) All motor vehicle/bicycle collisions which result in death, serious injury and likely to die, or critical injury to an individual. Notify desk officer upon completion of investigation and deliver COMPLAINT REPORT WORKSHEET and COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516) (see P.G. 207-12, “Lost or Stolen Property/Identity Theft”) if prepared, as soon as possible. a. IMMEDIATELY notify the patrol supervisor or the desk officer of any serious or unusual complaints. Make entry in ACTIVITY LOG (PD112-145) of details of complaint. Carefully examine COMPLAINT REPORT WORKSHEET for accuracy and completeness. The following list, while not exclusive, should be closely scrutinized when examining COMPLAINT REPORT WORKSHEET: a. Verify that required notifications and proper referral of active cases have been made. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-07 DESK OFFICER NOTE PAGE: 08/19/13 5 of 9 Complaints of robbery/attempted robbery and homicide/attempted homicide of drivers of medallion taxicabs, non-medallion for-hire vehicles, and delivery trucks require a notification to the Central Robbery Division. Desk officers will fax the COMPLAINT REPORT (PD313-152) 24 hours a day, 7 days a week, to the Central Robbery Division. A member from the Central Robbery Division will then make a follow-up notification, Monday - Friday, 0700-2300 hours, to the desk officer of the reporting command and assign a Central Robbery Division, Taxi Squad serial number to the complaint. This serial number and the name of the Central Robbery Division, Taxi Squad member will be entered under “Details” of the COMPLAINT REPORT. When preparing the COMPLAINT REPORT WORKSHEET, reporting members will include home and work telephone numbers of the victim. Also include the vehicle’s status (i.e. medallion taxi or non-medallion, for-hire vehicle), the presence or lack of a partition between the driver and passenger compartments, the location where the perpetrator was picked up and, if possible, the route traveled. NOTE (continued) REVISION NUMBER: b. c. Ensure proper jurisdiction code is indicated. The offense is classified properly. When multiple offenses have occurred, the incident will be classified based upon the “top” (most serious) offense. Generally, the “seven major rule” is applied for serious felonies. This means that a murder/robbery will be classified as Murder; a Forcible Rape/Burglary will be classified as Forcible Rape; etc. based on the hierarchy below. The “seven major rule” order of offenses, starting with the most serious, is as follows: (1) Murder and Non-Negligent Manslaughter (2) Forcible Rape (Rape 1st degree only) (3) Robbery (4) Felonious Assault (5) Burglary (6) Grand Larceny (7) Grand Larceny Motor Vehicle (A grand larceny motor vehicle coupled with a grand larceny from the vehicle will be classified as a grand larceny motor vehicle). (The attempt to commit any of the above will be counted as the completed offense, EXCEPT attempted murder which will be counted as felonious assault). If the reported offenses are not within the “seven major offenses,” the incident crime classification will be determined in the order that follows: (1) Sort by category: Felony before misdemeanor before violation. Therefore, an incident involving a felony criminal mischief to a motor vehicle with a petit larceny (misdemeanor) theft of property from within the vehicle will be classified as a Felony Criminal Mischief. (2) Sort by classification: If all offenses are felonies: “A” felony before a “B” felony before a “C” felony, etc. If all offenses are misdemeanors: “A misdemeanor before a B” misdemeanor before an “Unclassified” misdemeanor (3) Sort by degree For example, if all offenses are “B” felonies: “1st degree” before “2nd degree” before “3rd degree” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-07 REVISION NUMBER: PAGE: 08/19/13 6 of 9 (4) Sort by Article and Section Number For example, if all offenses are 2nd degree, “B” felonies, in the Penal Law, select 120.25, before 125.25, before 165.25. DESK OFFICER 12. (continued) Sign COMPLAINT REPORT WORKSHEET and have command clerk enter complaint into the OLCS. The OLCS will automatically assign next complaint number. NOTE (continued) COMMAND CLERK 13. DESK OFFICER 14. 15. Enter information WORKSHEET. into OLCS from COMPLAINT REPORT Carefully examine the completed COMPLAINT REPORT and make certain that necessary captions have been completed. Take corrective action as necessary. Finalize (i.e., sign-off) the COMPLAINT REPORT utilizing the OLCS if REPORT is accurate and complete. 16. Distribute copies of COMPLAINT REPORT. a. Attach “ADA Copy” of PROPERTY CLERK INVOICE (PD521-141), if prepared, to copy of COMPLAINT REPORT forwarded for investigation. b. In cases closed by the reporting member, a copy of the COMPLAINT REPORT will be forwarded to the detective squad. c. Additional copies of COMPLAINT REPORT will be forwarded pursuant to P.G. 207-05, “Duplicated Copies Of Complaint Reports” and any other relevant orders or directives. DESK OFFICER 17. Ensure that copies of COMPLAINT REPORT are properly distributed by command clerk. Ensure that all members of the service are complying with current complaint reporting procedures. a. Instruct members of the service (especially those with recurrent or serious mistakes) in proper procedures for preparing WORKSHEETS and COMPLAINT REPORTS. (1) Monitor and follow-up as necessary (2) Advise Training Sergeant of deficiencies. COMMAND CLERK 18. COMMANDING 19. OFFICER ADDITIONAL DATA Review COMPLAINT REPORTS, especially those cases closed by members of the service assigned to patrol, and have corrections made, if necessary. The Operations Unit maintains a list of members proficient in foreign language and sign language for the deaf. Should such assistance be needed, telephone the Operations Unit and make entry under “Details” of COMPLAINT REPORT WORKSHEET. Include interpreter’s name, date, time and results. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-07 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 7 of 9 If during the course of an official investigation information is required from the Parking Violations Bureau, the uniformed member of the service concerned will prepare two copies of OFFICIAL LETTERHEAD (PD158-151) addressed to the Commanding Officer, Investigation Review Section, requesting the information required. The commanding officer of the requesting member will endorse and forward both copies of the request to the Investigation Review Section, Office of the Chief of Department, in a sealed envelope marked “CONFIDENTIAL.” Investigation Review Section personnel will send a copy of the request to the Parking Violations Bureau and file the other copy. When a reply is received, it will be forwarded to the requesting member in a sealed envelope. The file copy of the request will be removed from the file and destroyed. In an extreme emergency, the Commanding Officer, Investigation Review Section may establish personal liaison with the Parking Violations Bureau to expedite an investigation. When appropriate, after consultation with the patrol borough commander, the detective borough commander may take charge of an investigation not ordinarily referred to a Detective Bureau command. An automated teller machine (ATM) related crime may be defined as, but is not limited to, criminal activity against a bank patron who is about to use, is currently using, or has just completed using an automated teller machine for any type of transaction, and is in the vicinity of the machine or has been followed from the automated teller machine to another location. Members of the service preparing COMPLAINT REPORTS for automated teller machine (ATM) related crimes will specify that the crime is automated teller machine (ATM) related by entering such in the caption titled, “Actions of Victim Prior to Robbery, Larceny, or Sex Crimes.” In addition, supporting information will be articulated under the “Details” section of the COMPLAINT REPORT. The Central Records Division, Identification Section has an intranet application that provides immediate access to Orders of Protection issued by ALL New York City based courts, permitting users to search the Department’s Order of Protection Database and display or print a copy of the actual court order. This includes not only Orders of Protection involving persons defined under the family/household – expanded definition, but also all individuals who are either the defendant or petitioner of an Order of Protection from any New York City based court. This new database is designed to verify that an Order of Protection was issued and to provide a copy of the actual order directly at the command level. This application will also provide access to expired Orders of Protection. Questions or assistance needs should be directed to the Identification Section’s Order of Protection Unit or the Management Information Systems Division, Help Desk. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-07 REVISION NUMBER: PAGE: 08/19/13 8 of 9 RAPE CRISIS CENTERS MANHATTAN BROOKLYN NYC Gay & Lesbian Anti-Violence Project 647 Hudson Street New York, NY 10014 (212) 807-0197 (212) 807-6761 Rape Crisis Intervention Program The Long Island College Hospital 340 Henry Street - 6th Floor Brooklyn, NY 11201 (718) 780-1459 Rape Crisis Intervention Program Mt. Sinai Medical Center – Dept. OB/GYN Klingenstein Pavilion 2nd Floor One Gustave - Levy Place New York, NY 10029 (212) 241-5461 VSA-BRAVA Family Alliance-Victim Services 3021 Atlantic Avenue Brooklyn, NY 11208 (212) 577-7777 (718) 783-3700 Rape Crisis Program St. Vincent’s Hospital & Medical Center 41-51 East 11th Street New York, NY 10011 (212) 604-8068 Jewish Board of Family & Children Services 1943 Rockaway Parkway Brooklyn, NY 11236 (718) 241-9600 Bellevue Hospital Center, Rape Crisis Program Room AG-67 27th Street and First Avenue New York, NY 10016 (212) 562-3435 or 3755 Rape Crisis Program Rockaway Jamaica Center 90-11 160th Street, 1st Floor Jamaica, NY 11432 (212) 577-7777 (718) 291-2555 Rape Intervention Program St. Luke’s Roosevelt Hospital 411 West 114th Street, Apt. 6D New York, NY 10025 (212) 523-4728 Rape Crisis Program Queens Hospital Center 82-68 164th Street Jamaica, NY 11432 (718) 883-3000 or 3195 BRONX Bronx District Attorney’s Office 215 E. 161st Street Bronx, NY 10451 (718) 590-2114 QUEENS STATEN ISLAND VSA Staten Island 25 Hyatt Street Staten Island, NY 10301 (212) 577-7777 (718) 448-3118 Kingsbridge Heights Community Center 3101 Kingsbridge Terrace Bronx, NY 10463 (718) 884-0700 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-07 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 9 of 9 RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Preliminary Investigation of Vice Related, Narcotics and Organized Crime Related Complaints (P.G. 207-08) Duplicate Copies of Complaint Reports (P.G. 207-05) Lost Or Stolen Property /Identity Theft (P.G. 207-12) Robbery Complaints Involving Police Impersonation (P.G. 207-14) Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children (P.G. 215-03) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516) OFFICIAL LETTERHEAD (PD158-151) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-08 PRELIMINARY INVESTIGATION OF VICE, NARCOTICS OR ORGANIZED CRIME-RELATED COMPLAINTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To record and refer complaints of vice, narcotics and organized crime-related offenses. DEFINITION VICE OFFENSES - Violations of law related to gambling, prostitution, alcoholic beverages, cigarette tax and child pornography. NARCOTIC OFFENSES - Violations of law related to the sale and possession of controlled substances and marijuana as defined in Articles 220 and 221 of the Penal Law, and any case of found controlled substances in which the amount exceeds two ounces, or found marijuana in which the amount exceeds two pounds. ORGANIZED CRIME-RELATED OFFENSES - Violations of law related to organized crime, including the organized theft of motor vehicles, motor vehicle parts, and motor vehicle insurance frauds. NOTE Grand Larceny Auto WILL NOT BE REFERRED to the Investigative Support Division, Organized Crime Control Bureau, UNLESS preliminary investigation indicates elements of organized crime are involved. PUBLIC PREMISES - Any building, or portion thereof, to which the public or a substantial group of persons has access and in which vice, narcotics or organized crime-related offenses are suspected of occurring. PROCEDURE When assigned to investigate vice, narcotics or organized crime-related offenses: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. PATROL SUPERVISOR/ DESK OFFICER Make preliminary investigation and take summary action if offense committed in presence. Request patrol supervisor to respond. a. If patrol supervisor is not available, contact desk officer and comply with instructions. DO NOT ENTER PUBLIC PREMISES to conduct an investigation of an on-going complaint unless authorized by the patrol supervisor, desk officer, or other competent authority. Determine action to be taken regarding ongoing complaints, in public premises, by taking into consideration: a. History of premises b. Seriousness of complaint c. Facts alleged in complaint d. If assignment of uniformed personnel would be effective e. If assignment of uniformed personnel would interfere with a covert operation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-08 REVISION NUMBER: PAGE: 08/01/13 2 of 4 UNIFORMED MEMBER OF THE SERVICE 5. 6. NOTE If an investigation discloses the identity of a person, present or not, and there is insufficient evidence to make an arrest, a warrant check will be conducted through FINEST System or the Warrants Section prior to closing the case or forwarding report to Investigative Support Division, Organized Crime Control Bureau. DESK OFFICER 7. NOTE Direct command clerk to telephone details to the Investigative Support Division, Organized Crime Control Bureau. a. Enter Organized Crime Control Bureau serial number on COMPLAINT REPORT WORKSHEET and name, shield number of member receiving the report under “Details.” If complaint is received in writing, forward original written communication to Investigative Support Division, Organized Crime Control Bureau, and attach photocopy of written communication to file copy of COMPLAINT REPORT WORKSHEET. 8. NOTE Report disposition to radio dispatcher. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) and deliver to desk officer. Forward COMPLAINT REPORT WORKSHEET to commanding officer. Any arrest made by uniformed personnel regarding vice, narcotics or organized crimerelated offenses (except those offenses listed in P.G. 207-02,”Complaints Not Recorded On Complaint Report” step 15), will be considered a pick-up arrest and an OLCS precinct complaint serial number will be assigned. Therefore, the complaint will be recorded on the precinct of arrest OLCS INDEX. Additionally, incidents of found controlled substances or drug paraphernalia, in any amount, when found in a building will be entered on the precinct of occurrence OLCS INDEX and an OLCS precinct complaint number assigned. Additional copies of the COMPLAINT REPORT will be sent as follows: a. In arrest situations, a copy of the COMPLAINT REPORT will be forwarded to the Investigative Support Division, Organized Crime Control Bureau, or b. In instances where controlled substance/drug paraphernalia is found in a building, a copy of the COMPLAINT REPORT will be forwarded to the concerned Narcotics District, Organized Crime Control Bureau for informational purposes. COMMANDING 9. OFFICER 10. Examine and evaluate COMPLAINT REPORT WORKSHEET containing details telephoned to Investigative Support Division, Organized Crime Control Bureau. Have COMPLAINT REPORT WORKSHEET filed chronologically in rear of complaint file chronologically behind divider marked “Complaints Referred to Organized Crime Control Bureau.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-08 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 4 When a complaint is received at a Department unit other than a precinct/transit district/police service area, the member receiving the complaint will: a. Telephone the details to the Investigative Support Division, Organized Crime Control Bureau. b. Enter the Organized Crime Control Bureau serial number with the name and shield number of the member receiving the report in the Telephone Record. A COMPLAINT REPORT containing multiple offenses will be classified according to the most serious offense and referred to the unit charged with investigating such offenses. However, if a secondary offense is related to vice, narcotics or organized crime, an additional copy of the COMPLAINT REPORT will be sent to the Organized Crime Control Bureau. If the investigating officer prepares a COMPLAINT FOLLOWUP (PD313-081), a copy of such report will also be forwarded to Organized Crime Control Bureau. The Commanding Officer, Investigative Support Division, Organized Crime Control Bureau, may classify the following complaints received at the Organized Crime Control Bureau as street conditions, and may refer them via the Chief of Department, to the command concerned for necessary attention: a. Loitering for prostitution b. Loitering for narcotics c. Dice game on street d. Sale of intoxicants to minors e. Sale of intoxicants to intoxicated persons f. Alcohol Beverage Control sale during prohibited hours g. Unnecessary noise in licensed premises h. Disputes in licensed premises i. Unlicensed cabaret. SAFETY GUIDELINES AT ILLICIT DRUG LABORATORIES When a uniformed member of the service has cause to investigate a suspected drug laboratory, an immediate notification will be made to the desk officer, precinct of occurrence. The desk officer will notify the Police Laboratory without delay, requesting a chemist be dispatched to the scene immediately. Certain substances in a laboratory are highly volatile, therefore, ALL members of the service will follow these safety guidelines: a. Ventilate the laboratory by opening doors and windows. b. DO NOT turn on lights or use flashlights until the area is well ventilated. If necessary to enter prior to the room being ventilated, a flashlight should be turned on BEFORE entering the area. c. DO NOT smoke at the scene. d. Use your nose. If vapors are very strong or there is any odor of bitter almonds, remain outside and await arrival of the laboratory chemist. e. DO NOT use Department radios while inside the laboratory. f. DO NOT disturb flasks or containers that are being heated or cooled. Direct the attention of the chemist to such items. g. DO NOT allow acid and cyanide to be mixed or come together. The fumes from this mixture can cause death. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-08 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 When a search warrant has been obtained for a suspected drug laboratory, the Police Laboratory will be notified and the chemist will accompany the unit executing the warrant. THREE CARD MONTE GAMES Precinct/Transit Bureau/Police Service Area commanders, when conditions warrant, will designate members of their commands assigned to duty in civilian clothes, i.e., conditions, plainclothes, and/or anti-crime units, to respond to complaints of “three card monte” games. The Commanding Officer, Communications Section, will direct that all complaints of “three card monte” games received at 911 be referred by the 911 Operator, directly to the telephone switchboard operator, precinct/transit district/police service area of occurrence. The telephone switchboard operator will enter the information in the TELEPHONE DISPATCH LOG (PD112-143) and notify appropriate personnel at precinct/transit district/police service area concerned. In those instances in which no civilian clothed members are on duty AND/OR when some condition exists in conjunction with the “three card monte” game which requires immediate police response, i.e., assault in progress, etc., a marked radio motor patrol unit may be dispatched to the scene by the 911 Operator or the telephone switchboard operator, as appropriate. CHILD PORNOGRAPHY A complaint involving child pornography (photos, movies, computer images, etc.) will be referred to the Vice Enforcement Coordinator’s Major Case Team for investigation. The Vice Enforcement Coordinator will also investigate complaints involving other forms of sexual exploitation of children, including minors employed by peep shows, topless clubs, lap dancing clubs or escort services. Additionally, a telephone notification will be made to the Organized Crime Control Bureau, Field Operations Desk (FOD) twenty-four hours a day, seven days a week when child pornography is found or an arrest is made for any violation of Penal Law Article 263. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Complaints Not Recorded On Complaint Report (P.G. 207-02) Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotic Complaints) (P.G. 207-07) Citywide Intelligence Reporting System (P.G. 212-12) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) TELEPHONE DISPATCH LOG (PD112-143) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-09 FOLLOW-UP INVESTIGATIONS OF COMPLAINTS ALREADY RECORDED DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To report additional information concerning a previously recorded complaint. PROCEDURE Upon receiving additional information concerning a reported complaint after the COMPLAINT REPORT (PD313-152) has been FINALIZED in the OLCS: MEMBER OF THE SERVICE 1. NOTE There is a distinction between voided complaints and unfounded complaints. A voided complaint is one in which the COMPLAINT REPORT should not have been prepared. An unfounded case is one in which the report should have been prepared but subsequent information leads to the determination that the case should be classified as unfounded (e.g., a voided case is one in which a JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) rather than a COMPLAINT REPORT should have been prepared; an unfounded case is one in which a vehicle is reported stolen by a complainant and later a tow company informs the precinct that the vehicle was legally towed). Prepare COMPLAINT FOLLOW-UP (blue) (PD313-081) ONLY when additional information falls into any of the following categories: a. Crime classification change, e.g., assault to homicide. b. Information which will amend the previously recorded P.D. code (crime sub-classification), e.g., time of day for a burglary. c. Case clearance, i.e., initial arrest only, exceptional clearances, unfounded. d. Voiding a complaint after finalization in the OLCS. e. Recovered property not previously reported. f. Additional stolen property not previously reported. g. Serial numbers obtained for property previously reported. h. Dead human is identified and property has been invoiced to the Property Clerk or Public Administrator. As with COMPLAINT REPORTS, proper recording of property values on a COMPLAINT FOLLOW-UP (blue) is essential for accurate entry into the FBI Uniform Crime Reporting (UCR) System. Values must be properly consolidated in the “Value Stolen” and “Value Recovered” columns of the Property Summary Section. In addition, the person preparing the report must examine previous reports related to the complaint (i.e., COMPLAINT REPORT, previously prepared COMPLAINT REPORT FOLLOW-UPS) to ensure that property values are not being reported more than once. Only additional information with respect to property values are to be recorded. Arrests or other information concerning a complaint received BEFORE the original COMPLAINT REPORT is finalized will be entered on the original COMPLAINT REPORT. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-09 MEMBER OF THE SERVICE REVISION NUMBER: PAGE: 08/01/13 2. 2 of 4 Prepare COMPLAINT FOLLOW-UP INFORMATIONAL (pink) (PD313-081A) for information of any other type, e.g., case closed - no results, case progress reports, results of interviews, canvass, additional arrest on a complaint, etc. Notify detective squad concerned, if necessary. Submit COMPLAINT FOLLOW-UP (blue) and/or COMPLAINT FOLLOW-UP INFORMATIONAL (pink) to the desk officer or detective supervisor, as appropriate. 3. 4. NOTE Second sheets will be used when space is insufficient for required entries on COMPLAINT FOLLOW-UP or COMPLAINT FOLLOW-UP INFORMATIONAL (see P.G. 207-01, “Complaint Reporting System”). DESK OFFICER/ DETECTIVE SUPERVISOR 5. ADDITIONAL DATA These reports must be forwarded to the appropriate units within 24 hours of preparation. Review for accuracy and sign. Desk officers will ensure that the following areas of these reports are appropriately completed: “Jurisdiction” and “Reporting Agency” codes are properly recorded “Complaint Report Number,” “Precinct of Report” and “Date of Original Report” are properly recorded “Previous Classification” and “Classification Changed To” captions are properly completed (for COMPLAINT FOLLOW-UP REPORTS only) “Precinct of Arrest” and “Arrest Numbers” captions on a COMPLAINT FOLLOW-UP REPORT are completed if an arrest clearance is requested OR indicated in the “Details” section of a COMPLAINT FOLLOW-UP INFORMATIONAL in cases where an additional arrest(s) is made Property Section is fully completed in lost or stolen property cases. Ensure property values are itemized and consolidated in the “Value Stolen’ and the “Value Recovered” columns, as appropriate, in the Property Summary Section (for COMPLAINT FOLLOW-UP REPORTS only) Ensure that the “Details” supplied on the report provides adequate grounds to change the original offense listed in the “Previous Classification” caption (for COMPLAINT FOLLOW-UP REPORTS offense reclassification requests). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-09 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 4 The following agencies or commands are required to receive a duplicate copy of a COMPLAINT FOLLOW-UP when reporting additional or recovered property, classification changes, and clearances, when these changes are initiated by this Department. The member of the service preparing the form will enter the name of the agency or command receiving the duplicate copy under “Additional copy for” and also send the duplicate copy of the report as follows: COMPLAINT FOLLOW-UP FOR CASES OCCURRING ON THE JURISDICTION OF: Port Authority Police Department Tri-Borough Bridge and Tunnel Police Department MTA Police Department Amtrak Police Department CSX Police Department Staten Island Rapid Transit Police Department New York State Police Department New York State Park Police Department NYC Housing Authority NYC Transit ANY police agency operating within New York City for arson and arson related incidents COMPLAINT FOLLOW-UP FOR THE FOLLOWING CASES WHEN PROPERTY HAS BEEN INVOICED TO THE PROPERTY CLERK: Identification of previously unidentified dead body DUPLICATE COPY FOR: Port Authority Police TBTA Police MTA Police Amtrak Police CSX Police S.I. Rapid Transit Police New York State Police New York State Park Police Housing Bureau, NYPD Transit Bureau, NYPD Arson and Explosion Squad and NYC Fire Department, Division of Fire Investigation DUPLICATE COPY FOR: Property Clerk, borough office concerned Public Administrator, county of residence In cases where information used to prepare a COMPLAINT FOLLOW-UP is based on a COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516), the desk officer will ensure that the listing of stolen property and reported values on the COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT is recorded in the property section of the COMPLAINT FOLLOW-UP. MEMBERS OF THE SERVICE WILL NOT, UNDER ANY CIRCUMSTANCES, SIMPLY ATTACH COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (or a copy of it) to COMPLAINT FOLLOW-UP and forward to the Data Integrity Unit. The COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT must be attached to the command’s file copy of the COMPLAINT FOLLOW-UP. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-09 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 Each precinct will maintain a Complaint Reclassification Log to ensure proper and timely documentation of COMPLAINT FOLLOW-UPS involving a change of crime classification. Each such reclassification will be entered in the log by the command crime analysis member and verified by a supervisor authorizing the change. COMPLAINT FOLLOW-UPS of this type prepared by Housing, Transit and investigative commands (e.g. precinct detective squads) will also be entered and verified in the same manner. Each Complaint Reclassification Log will contain the following captions spread across a double page: LEFT HAND PAGE NUMBER DATE COMPLAINT PREVIOUS RECLASSIFICATION REPORT# CLASSIFICATION TO REASON RIGHT HAND PAGE MOS PREPARING ORIGINAL COMPLAINT REPORT SUPV. SIGNING ORIGINAL SUPV. AUTHORIZING COMPLAINT REPORT RECLASSIFICATION ICO INITIALS PDS SUPV’S C.O.’S INITIALS INITIALS FORMS AND REPORTS REMARKS COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) COMPLAINT REPORT (PD313-152) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-10 BIAS MOTIVATED INCIDENTS DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 4 PURPOSE To ensure a coordinated police response and a thorough investigation and analysis of all bias motivated incidents. DEFINITIONS BIAS INCIDENT - Any offense or unlawful act that is motivated in whole or in substantial part by a person’s, a group’s, or a place’s identification with a particular race, religion, ethnicity, gender, age, disability, or sexual orientation (including gay, lesbian, bi-sexual and transgender) as determined by the Commanding Officer, Hate Crime Task Force. DISABILITY - The possession or perceived possession by a person of any of the following: a physical, medical, mental or psychological impairment or a history or record of such impairment. This includes the sustaining by a person of any injury or damage to any system of the body including muscular, sensory, respiratory, speech, heart, reproductive, digestive, blood, immunity (i.e., AIDS) and skin. Also included among those who have a disability are recovering alcoholics, and former abusers of drugs or other substances who currently are not abusing alcohol, drugs, or other substances. COMMANDING OFFICER - For the purpose of this procedure will be the precinct, police service area or transit district commanding officer within whose jurisdiction the incident occurs. PROCEDURE When a uniformed member of the service is dispatched to the scene of an incident which may be a bias incident: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. PATROL SUPERVISOR 4. 5. 6. 7. Evaluate condition and take police action appropriate for stabilization of the area, if necessary. Determine if possibility exists that offense or unlawful act is motivated by bias or prejudice as contained in the definition of a “Bias Incident.” Request patrol supervisor to respond if bias incident is suspected. Determine if additional personnel are required to stabilize the situation. Notify desk officer of incident. Request commanding officer/duty captain to respond if occurrence is a possible bias incident. Direct that a COMPLAINT REPORT WORKSHEET (PD313-152A) be prepared. COMMANDING OFFICER/ DUTY CAPTAIN 8. Determine if occurrence is a possible bias incident that should be referred to the Hate Crime Task Force for further investigation. NOTE When considering incidents involving public officials, confer with the Intelligence Bureau prior to classifying the occurrence as a possible bias incident. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-10 REVISION NUMBER: PAGE: 10/16/13 2 of 4 IF THE OCCURRENCE IS REFERRED TO HATE CRIME TASK FORCE AS A POSSIBLE BIAS INCIDENT: COMMANDING OFFICER/ DUTY CAPTAIN 9. 10. 11. 12. 13. 14. 15. Request additional resources, if required, to stabilize the location or defuse the incident (community affairs, anti-crime, crime prevention officers, additional command personnel, training unit, borough task force, if available, or others, as appropriate). Request detective squad personnel to respond. Notify Operations Unit and obtain possible bias incident log number. Prepare UNUSUAL OCCURRENCE REPORT (PD370-152) AFTER CONFERRAL WITH PRECINCT DETECTIVE COMMANDER. a. Subject of Report will be “POSSIBLE BIAS INCIDENT-LOG NO. ___.” Forward UNUSUAL OCCURRENCE REPORT to Chief of Detectives, Hate Crime Task Force (direct) and forward additional copy through channels. Forward duplicate copy of report to: a. Chief, Community Affairs, and b. Precinct commanding officer c. Police Service Area/Transit District commanding officer, as applicable. Direct crime prevention officer, where appropriate, to personally contact and advise complainant concerning actions to take to prevent recurrence. NOTE Operations Unit personnel will notify patrol borough command; Patrol Services Bureau duty chief; Housing Bureau or Transit Bureau, as applicable; detective borough commander; Intelligence Bureau; Commanding Officer, Hate Crime Task Force; Police Commissioner; and Chief, Community Affairs (during business hours). DETECTIVE SQUAD MEMBER 16. NOTE The detective squad member is responsible for conducting the investigation, unless relieved by Hate Crime Task Force personnel. The Hate Crime Task Force is responsible for the determination as to whether the occurrence is, or is not, biased. In addition, the Commanding Officer, Hate Crime Task Force, may retain sufficient Detective Bureau personnel to conduct a comprehensive preliminary investigation and canvass of the area. COMMANDING OFFICER/HATE CRIME TASK FORCE 18. 17. Conduct an immediate investigation and confer with Hate Crime Task Force personnel. Forward additional copy of COMPLAINT REPORT (PD313-152) and COMPLAINT FOLLOW-UP (PD313-081) to Commanding Officer, Hate Crime Task Force (direct) within ten days after incident. Evaluate situation and make determination after conferral with Chief of Detectives to: a. Assume complete control of investigation, OR b. Participate jointly with precinct detective squad personnel, OR c. Have precinct detective personnel assume full responsibility for the investigation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-10 REVISION NUMBER: PAGE: 10/16/13 3 of 4 COMMANDING 19. 20. OFFICER Visit and personally interview victims of possible bias incident. Prepare and forward comprehensive follow-up report within ten days of incident including post-incident actions of all Departmental units and the current status of investigation to Chief of Detectives, Hate Crime Task Force, through channels. CRIME PREVENTION OFFICER 21. Prepare and forward a report within ten days of the incident to Commanding Officer, Hate Crime Task Force, indicating action taken concerning incident and whether a security survey was conducted. NOTE The community policing sergeant will prepare and forward the above report in those commands where a crime prevention officer is not assigned. COMMANDING OFFICER/HATE CRIME TASK FORCE 22. 23. 24. 25. Visit and personally interview victims of confirmed bias incidents upon completion of investigation. a. In appropriate cases, a Hate Crime Task Force supervisor may be designated to interview victims. Make determination of whether an occurrence is a bias incident or a non-bias incident based upon all factors obtained during investigation, after conferral with the Chief of Detectives. Prepare report indicating determination. Forward copies of report to: a. Chief of Patrol b. Chief of Detectives c. Chief of Housing Bureau/C.O., Transit Bureau, if appropriate d. Patrol Borough concerned e. Housing/Transit Borough, as applicable f. Precinct of occurrence g. Police Service Area/Transit District, as applicable. In the case of a confirmed bias incident, when a complainant/victim requests that an identified offender not be arrested, and there is appropriate legal justification for the arrest, the Commanding Officer, Hate Crime Task Force, may direct that the arrest be made. The primary considerations when a complainant/victim does not want an arrest effected, are the prevention of further violence and the safety of all parties concerned. NOTE WHEN COMMANDING OFFICER/DUTY INCIDENT IS NOT BIAS MOTIVATED: COMMANDING OFFICER/ DUTY CAPTAIN 26. 27. 28. CAPTAIN DETERMINES Notify detective squad. Notify Operations Unit that offense is not a bias incident. a. Contact Hate Crime Task Force, between 0800 - 2400 hours, seven days a week, for log number on all non-bias incidents. Direct crime prevention officer to personally contact and advise complainant concerning actions to take to prevent recurrence, if offense was committed at a religious institution or a sensitive location. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-10 REVISION NUMBER: PAGE: 10/16/13 4 of 4 COMMANDING OFFICER/ DUTY CAPTAIN (continued) 29. Prepare an UNUSUAL OCCURRENCE REPORT (PD370-152) and forward to Chief of Detectives, Hate Crime Task Force (DIRECT). a. Forward one additional copy of Report through channels. PRECINCT DETECTIVE 30. 31. Conduct appropriate investigation. Forward copy of COMPLAINT REPORT and COMPLAINT FOLLOW-UP to Chief of Detectives, Hate Crime Task Force, within ten days after the incident. CRIME PREVENTION OFFICER 32. Prepare and forward a report within ten days to Commanding Officer, Hate Crime Task Force, if offense was committed at a religious institution or sensitive location indicating action taken and whether security survey was conducted. ADDITIONAL DATA When notification of a possible bias incident is received from any other police agency, the New York City Police Department patrol supervisor shall respond. At the request of a patrol supervisor, captain, or above from another law enforcement agency, the commanding officer concerned/duty captain will respond and determine whether the occurrence should be designated as non-bias or referred to the Hate Crime Task Force as a possible bias incident. If, during the course of an on-going investigation, information is ascertained which may indicate that the original incident may have been a possible bias incident, the Commanding Officer, Hate Crime Task Force, will investigate and confer with the Chief of Detectives to make a determination whether the incident is a possible bias incident. The Commanding Officer, Hate Crime Task Force, will then conduct a preliminary investigation and make all appropriate notifications. FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) UNUSUAL OCCURRENCE REPORT (PD370-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-11 PRELIMINARY INVESTIGATION, RECORDING AND TRANSMISSION OF ALARMS FOR STOLEN VEHICLES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To investigate, record and transmit alarms for stolen vehicles. SCOPE A complainant, present at a precinct stationhouse, police service area (PSA), transit district or other Department facility to report a stolen vehicle, will be transported by Department vehicle to the place of occurrence, or be requested to await the arrival of uniformed member(s) of the service at the location where the crime occurred. The assigned uniformed member of the service will then conduct a preliminary investigation at the scene and enter the results under the “DETAILS” section of the COMPLAINT REPORT WORKSHEET (PD313-152A). PROCEDURE When a complaint of a stolen vehicle is received: UNIFORMED MEMBER OF THE SERVICE 1. NOTE NO REPORTS OF GRAND LARCENY AUTO WILL BE TAKEN OR ACCEPTED OVER THE TELEPHONE. Any complainants who come into a command to report their vehicle stolen will either be asked to go to the place of occurrence, if feasible, or be transported to the location of reported theft/loss by an available RMP team in order to conduct a preliminary canvass/investigation at the scene. In addition, owner/complainants will be informed that if they recover their own vehicle, they must immediately notify the nearest Police Department facility, so the stolen vehicle alarm(s) can be cancelled. Respond to scene and conduct preliminary investigation. Crime classification will be Grand Larceny Auto unless owner/complainant or other evidence indicates auto (as defined in Section 125, Vehicle and Traffic Law) is valued at $100.00 or less, or if motorcycle (as defined in Section 123, Vehicle and Traffic Law) is valued at $1,000 or less. 2. 3. NOTE Give complainant copy of VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT (PD371-082) and VEHICLE THEFT SUPPORTING DEPOSITION (PD371-083) to prepare and sign. Prepare REPORT and DEPOSITION, if complainant has a language barrier or other handicap, and have complainant sign both. a. If complainant refuses to prepare REPORT and/or DEPOSITION or sign REPORT and/or DEPOSITION, note fact on face of REPORT/DEPOSITION and sign. A refusal by the complainant to prepare a VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and/or VEHICLE THEFT SUPPORTING DEPOSITION does not preclude the requirement to prepare a COMPLAINT REPORT WORKSHEET and COMPLAINT REPORT (PD313-152) and to get an OLCS complaint number for such report. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-11 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 4. 5. 2 of 5 Review VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION for accuracy and legibility and sign. Ascertain through the FINEST System: a. If vehicle has been impounded or repossessed b. If vehicle is wanted in connection with a crime c. If vehicle has been previously reported stolen d. Verification of Vehicle Identification Number (VIN) or ownership, if necessary e. Expiration date of registration plates, when necessary f. If vehicle was towed by rotation tow. g. If vehicle was relocated due to a special event by utilizing the TOPIS application. STATIONHOUSE CLERK 6. NOTE Under no circumstances will the complainant be given a copy of the VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT or VEHICLE THEFT SUPPORTING DEPOSITION. Prepare COMPLAINT REPORT WORKSHEET, when required. IF COMPLAINANT APPEARS AT STATIONHOUSE TO REPORT AN AUTO LARCENY AND NO UNIFORMED MEMBER OF THE SERVICE IS AVAILABLE TO TAKE REPORT: DESK OFFICER 7. 8. Comply with steps 2 through 6, and corresponding NOTES, above. Assign command clerk to assist complainant in preparing VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and/or VEHICLE THEFT SUPPORTING DEPOSITION, as necessary. a. Act as reviewing officer by signing completed VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION. NOTE If complainant refuses to prepare VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and/or VEHICLE THEFT SUPPORTING DEPOSITION, desk officer will sign form as witness. UNIFORMED MEMBER OF THE SERVICE 9. 10. Attach VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION to COMPLAINT REPORT WORKSHEET. Have alarm transmitted through the FINEST System and provide the following information: a. Rank, name, command and tax registry number b. Date, time and place of occurrence c. Complaint number from OLCS d. Type of complaint (Grand Larceny Auto, Unauthorized Use, etc.) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-11 e. f. g. h. i. j. k. l. 3 of 5 Make, year, model, style, color of vehicle Registration plate numbers State of registration and expiration date of plates Type of plate (passenger, commercial, dealer, etc.) Vehicle Identification Number (VIN) Name, address and telephone number of registered owner Name and address of insurance company and policy number, if available Other information that might aid in vehicle’s recovery. DO NOT sign off from FINEST System until acknowledgement is received from NYSPIN. Printed (hard) copy of NYSPIN acknowledgement will be attached to COMPLAINT REPORT. 11. NOTE PAGE: 08/01/13 UNIFORMED MEMBER OF THE SERVICE (continued) NOTE REVISION NUMBER: CLOSE case EXCEPT if vehicle was used in the commission of a crime or other condition indicates that further investigation is necessary. Institute a telephone notification to the Stolen Property Inquiry Section for the transmittal of all Felony Vehicle Alarms. 12. Refer COMPLAINT REPORT, with a copy of VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION, to detective squad concerned if case remains open. DESK OFFICER 13. Direct a standard NYSPIN inquiry be made via FINEST, by plate or VIN number, to verify that an alarm has been transmitted. a. Ensure that printed (hard) copy of NYSPIN alarm is accurate and attached to COMPLAINT REPORT. Direct command clerk to prepare COMPLAINT REPORT utilizing OLCS. a. Ensure that original copy of VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION is attached to precinct file copy of COMPLAINT REPORT WORKSHEET. 14. COMMAND CLERK 15. NOTE If command FINEST System is temporarily inoperative, verification may be delayed until FINEST System is operative or verification can be requested through an adjoining command. DESK OFFICER 16. Check FINEST System for accuracy of alarm transmitted. a. Report any discrepancy to desk officer. b. Have alarm modified to correct discrepancy. c. Make entry under “Details” on COMPLAINT REPORT that alarm transmission was verified and include date, time and signature. Ensure that copies of all Grand Larceny Auto COMPLAINT REPORTS and VEHICLE THEFT PRELIMINARY INVESTIGATION REPORTS are forwarded to the precinct detective squad for their review and further investigation, as necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-11 REVISION NUMBER: 08/01/13 FOLLOW-UP INVESTIGATION COMPLAINTS: ASSIGNED DETECTIVE 17. 18. 19. 20. 21. ADDITIONAL DATA PAGE: 4 of 5 OF GRAND LARCENY AUTO Interview complainant, either in person or by telephone, utilizing the format described in VEHICLE THEFT FOLLOW-UP REPORT (PD371-081). Record complainant’s responses on VEHICLE THEFT FOLLOW-UP REPORT. Confer with supervisor to determine if results of interview fall into three categories: a. Further investigation would prove positive b. Information received would be of value to other units within the Department, e.g., Auto Crime Division. c. No further information available. File VEHICLE THEFT FOLLOW-UP REPORT with COMPLAINT FOLLOW-UP, if no further information is obtained. Duplicate completed VEHICLE THEFT FOLLOW-UP REPORT and file duplicate copy with precinct file copy of COMPLAINT REPORT WORKSHEET. If immediate action is indicated on a stolen vehicle complaint, the desk officer will direct the telephone switchboard operator to alert uniformed members of the service on patrol in advance of the alarm being transmitted by the precinct. All complainants will be required to complete and sign the VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION when reporting their vehicles stolen. IF AN ARREST IS EFFECTED WHICH INVOLVES A VEHICLE THAT WAS REPORTED STOLEN WITHIN NEW YORK CITY: The arresting officer will be required, for affidavit preparation, to make two complainant notification attempts at reasonable intervals. If the arresting officer is unable to notify the complainant, the desk officer concerned will attempt to make a third notification. All notification attempts, dates and times are to be recorded in the narrative section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). If unable to notify the complainant, the arresting officer will request the precinct of occurrence (where the vehicle was reported stolen) to fax a copy of the VEHICLE THEFT SUPPORTING DEPOSITION and COMPLAINT REPORT to the precinct of arrest. Upon receipt of the completed VEHICLE THEFT SUPPORTING DEPOSITION and COMPLAINT REPORT, the arresting officer will then fax copies of these forms to the assigned assistant district attorney for affidavit preparation. In situations where it is not feasible to either transport or meet a complainant at the location of a reported vehicle theft (e.g., when the date of theft and the reporting date may be days or weeks apart) the need for an RMP canvass will be left to the discretion of the desk officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-11 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 A stolen vehicle complaint made in a precinct, which is not the precinct of occurrence, will be accepted and processed as outlined in P.G. 207-04, “Reporting Of Complaints Occurring In Another Command.” In this instance, the canvass will be completed by personnel assigned to the precinct of record (i.e., the precinct assigning the OLCS complaint number). The commitment to perform a preliminary canvass/investigation in regards to a past larceny of an auto should not be allowed to negatively impact on patrol strength. The desk officer has the discretion to utilize resources such as SP10, scooter personnel, etc., to complete the canvass/investigation. RELATED PROCEDURES Lost/Stolen Vehicle Plates, Licenses and other Department of Motor Vehicle Documents (P.G. 207-13) Safeguarding Vehicles in Police Custody (P.G. 218-12) Vehicle Stolen and Recovered Within New York City (P.G. 218-14) Vehicle Stolen Outside New York City - Recovered Within New York City (P.G. 218-15) Vehicle Stolen Within New York City and Recovered Outside New York City or by the Port Authority Police (P.G. 218-16) Derelict Vehicles Bearing New York State Registration Plates (P.G. 214-29) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) VEHICLE THEFT FOLLOW-UP REPORT (PD371-081) VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT (PD371-082) VEHICLE THEFT SUPPORTING DEPOSITION (PD371-083) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-12 LOST OR STOLEN PROPERTY/IDENTITY THEFT DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 4 PURPOSE To investigate complaints of lost or stolen property/identity theft. PROCEDURE When a complaint of lost or stolen property/identity theft is received: COMPLAINTS OF LOST/STOLEN PROPERTY: MEMBER OF THE SERVICE 1. 2. 3. NOTE Telephone Stolen Property Inquiry Section (SPIS) to ascertain if property has been recovered. Prepare COMPLAINT REPORT (PD313-152) if property is not located. a. If complainant does not know where the loss or theft occurred, the place of occurrence will be the place where the complainant first discovered the loss. Instruct and assist complainant in preparing page 1 of COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY /IDENTITY THEFT (PD313-1516). If the complaint involves lost or stolen property ONLY and does not involve Identity Theft, instruct complainant to prepare only page 1 of COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT and direct complainant to sign false statement waiver at the bottom of page 1. The complainant shall be advised to prepare the COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT in the event any additional property is discovered lost or stolen or any additional information regarding property previously reported lost or stolen is discovered. (see ADDITIONAL DATA) 4. 5. 6. Prepare a COMPLAINT REPORT or COMPLAINT FOLLOW UP (PD313-081) as appropriate, for all lost or stolen articles, including firearms. Ask the complainants if they know the serial numbers for such articles, and if they do, then include them in the REPORTS. Request via telephone notification, to the Stolen Property Inquiry Section, that an alarm be transmitted for all lost or stolen articles containing serial numbers, including firearms, equipment, securities, currency and other documents. Do not forward hard copies of the COMPLAINT REPORT or COMPLAINT FOLLOW UP to SPIS WHEN THE SERIAL NUMBERS OF ARTICLES ARE KNOWN. Provide the following information on lost or stolen firearms, via telephone, to SPIS: a. Make b. Model c. Caliber d. Type e. Serial Number f. Precinct g. Complaint number from OLCS NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-12 MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 10/16/13 7. 2 of 4 h. Complainant’s name and address i. Whether or not UMOS owns firearm. Provide the following information on lost or stolen articles, with serial numbers, via telephone, to SPIS: a. Brand b. Model number c. Type d. Precinct e. Complaint number from OLCS. In no instances will tax registry or model numbers be used in lieu of serial numbers. Alarms CANNOT be transmitted without serial numbers. NOTE 8. Make entry in the ‘Notifications To’ caption of the COMPLAINT REPORT WORKSHEET (PD 313-152A) to reflect who at SPIS was notified. The desk officer concerned will ensure that a telephone notification to SPIS was made and entered in the notification portion of the COMPLAINT REPORT WORKSHEET. NOTE 9. Send hard copy (no telephone notification) of COMPLAINT REPORT OR COMPLAINT FOLLOW UP to SPIS via Department Mail or Department Fax, in the following instances ONLY: a. Jewelry containing initials, inscriptions or other identifying marks OR individual pieces of jewelry, if value exceeds $5,000 OR an item of jewelry contains ten stones or carats b. Other articles that contain initials, inscriptions, or other identifiable markings c. All coin or stamp collections valued at more than $5,000 d. Silverware if value exceeds $5,000 e. All paintings or art objects f. Any fur coat valued at more than $5,000 g. Any property taken in a hijacking. COMPLAINTS OF LOST/STOLEN PROPERTY INVOLVING IDENTITY THEFT: MEMBER OF THE SERVICE 10. 11. Instruct complainant to prepare pages 1 and 2 of COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT in their own handwriting. a. Furnish assistance or allow other person to assist in preparing the form, if necessary. b. Ensure complainant signs BOTH waivers on pages 1 and 2. Comply with P.G. 207-34, “Complaints Involving Identity Theft.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-12 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 3 of 4 When a communication from an OUT-OF-TOWN complainant alleges loss or theft of property and does not include the place of occurrence, refer complaint to the Stolen Property Inquiry Section. If the property has not been recovered, the Stolen Property Inquiry Section shall contact the complainant through the Inter-City Correspondence Unit and request further information concerning the place of loss. The desk officer/counterpart will provide the complainant or a properly identified representative with a copy of VERIFICATION OF CRIME/LOST OR STOLEN PROPERTY (PD542-061), upon request, and will inform such person of the complaint number and precinct of record and direct said complainant to comply with instructions on the form. Whenever a rifle/shotgun permit holder reports the loss of a permit or document relating to rifles/shotguns, a duplicate copy of the COMPLAINT REPORT will be forwarded to the Rifle and Shotgun Section. The complainant will be advised to contact the Rifle and Shotgun Section in person or by telephone. In cases of lost or stolen property, the member of the service preparing the COMPLAINT REPORT WORKSHEET shall deliver a copy of COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT to the complainant. The complainant shall be advised to prepare the COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT in the event any additional property is discovered lost or stolen or any additional information regarding property previously reported lost or stolen is discovered. The COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT should then be delivered by the complainant to the desk officer, precinct of occurrence. The desk officer will ensure that the listing of stolen property and reported values on the COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT is recorded in the property section of the COMPLAINT FOLLOW-UP and that a member of the Stolen Property Inquiry Section is notified by telephone regarding any property with serial numbers. MEMBERS OF THE SERVICE WILL NOT, UNDER ANY CIRCUMSTANCES, SIMPLY ATTACH COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (or a copy of it) TO A COMPLAINT FOLLOW-UP. The COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT must be attached to the command’s file copy of the COMPLAINT FOLLOW-UP. The COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT must be attached to the command’s file copy of the COMPLAINT REPORT. WHEN A COMPLAINANT REPORTS A LOST OR STOLEN PASSPORT, ALIEN REGISTRATION CARD OR NATURALIZATION PAPERS: Members of the service will request and carefully examine the official photo identification of complainant. If complainant has lost or has had stolen all of his/her photo identification (e.g., if the complainant’s purse or wallet is stolen), it may not be possible for the complainant to produce photo identification. In such instances, the member of service will use all other methods available to verify the complainant’s identification. Once satisfaction of identification is obtained, the member will request the precinct detective squad to conduct an interview and prepare COMPLAINT REPORT WORKSHEET (PD313152A). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-12 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 4 of 4 The precinct detective squad member assigned will conduct inquiry and prepare COMPLAINT REPORT WORKSHEET, AFTER obtaining verified identification of complainant. The precinct detective assigned will then notify the Intelligence Bureau’s 24 hour Criminal Intelligence Section with particulars and pedigree of complainant and request an Intelligence Bureau log number. Members of the Intelligence Bureau will conduct internal inquiries and advise the detective assigned of any further necessity to hold the complainant for response by either the Joint Terrorist Task Force or the Intelligence Bureau. If no further action is necessary, then the Intelligence Bureau’s Criminal Intelligence Section will issue the precinct detective assigned an Intelligence Bureau log number, which will be recorded on the COMPLAINT REPORT WORKSHEET, under the “Details” section along with the name, rank, and tax registry number of the member issuing the log number. ADDITIONAL DATA (continued) Between 0100 and 0800 hours, when the precinct detective squad is not available, the precinct desk officer will designate a uniformed member of the service to prepare a COMPLAINT REPORT WORKSHEET and contact the Intelligence Bureau’s 24 hour Criminal Intelligence Section. If the Intelligence Bureau determines that further investigation is warranted, the desk officer or designee will hold the complainant for response by the Intelligence Bureau’s Midnight Response Team. If no further action is necessary, then the Intelligence Bureau’s Criminal Intelligence Section will issue the designated uniformed member of the service an Intelligence Bureau log number, which will be recorded on the COMPLAINT REPORT WORKSHEET, under the “Details” section along with the name, rank, and tax registry number of the member issuing the log number. Stolen Property Inquiry Section (S.P.I.S.) will follow up on lost/stolen passports, alien registration cards and naturalization papers with notification to United States Bureau of Immigration and Customs Enforcement for alien registration cards and naturalization papers, and the United States Department of State for passports. All members of the service are reminded to remain vigilant on patrol, reporting all related terrorist information to the Intelligence Bureau’s 24 hour Criminal Intelligence Section. RELATED PROCEDURES Preliminary Investigation, Recording And Transmission Of Alarms For Stolen Vehicles (P.G. 207-11) Lost/Stolen Vehicle Plates, Licenses, And Other Department Of Motor Vehicles Documents (P.G. 207-13) Complaints Involving Identity Theft (P.G. 207-34) FORMS AND REPORTS COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516) IDENTITY THEFT - PRELIMINARY INVESTIGATION REPORT (PD313-084) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) VERIFICATION OF CRIME/LOST OR STOLEN PROPERTY (PD542-061) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-13 LOST/STOLEN VEHICLE PLATES, LICENSES AND OTHER DEPARTMENT OF MOTOR VEHICLES DOCUMENTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To record complaints of lost/stolen license plates, driver’s licenses, learner’s permits, vehicle registrations or stickers. PROCEDURE When a complainant reports license plates/driver’s license or other registration documents have been lost or stolen: MEMBER OF THE SERVICE 1. Inquire through the FINEST System to ascertain if license plates have been recovered. a. Contact Stolen Property Inquiry Section’s Manual File Unit to ascertain if driver’s license or other registration documents have been recovered. VEHICLE LICENSE PLATES: MEMBER OF THE SERVICE 2. 3. NOTE Ascertain that complainant is registered owner or a true representative of the owner of the plate(s). Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). a. IF ONE PLATE IS MISSING and there is no other evidence to suggest a larceny or other crime, classify the complaint as lost property and close complaint immediately as referred to Department of Motor Vehicles. Whether the complaint is classified as a crime (e.g., larceny) or lost property, direct the owner/representative to turn in the remaining plate to the Department of Motor Vehicles. Advise complainant to contact the precinct after the plate is turned in for transmission of an alarm. A person subsequently found to be in possession of a lost license plate can be charged with larceny by acquiring lost property (Penal Law 155.05 subd. 2b). A license plate missing from an out of state registered vehicle and only required to have one plate will not be classified as a larceny or other crime unless there is additional evidence to support the crime. An alarm, however, will be transmitted in all cases. When one plate is missing from a vehicle registered to this Department, have alarm transmitted as soon as possible via FINEST System and attach copy of NYSPIN acknowledgement to COMPLAINT REPORT (PD313-152). Ensure that the “DETAILS” section of the COMPLAINT REPORT includes that the missing/stolen plate is registered to a Department vehicle. b. NOTE IF BOTH PLATES ARE MISSING - have alarm transmitted via FINEST System and attach copy of NYSPIN acknowledgement to COMPLAINT REPORT. Unless additional information is available to determine if missing plate(s) is stolen, one missing plate will be classified as “Lost Property” and two missing plates will be classified as “Petit Larceny.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-13 REVISION NUMBER: PAGE: 08/01/13 2 of 2 MEMBER OF THE SERVICE (continued) 4. NOTE If MV-78B [6/88] is not available to member on patrol, instruct the complainant to obtain form from precinct of occurrence at the earliest convenience. Precinct personnel concerned will verify that a COMPLAINT REPORT has been recorded before preparing MV-78B [6/88] form. 5. Prepare and sign Report of Lost or Stolen License or Registration Items (MV-78B [6/88]) and give to complainant. a. Make certain box on form captioned “Was the Loss the Result of a Crime?” is checked “Yes” or “No”, as appropriate. Instruct complainant to deliver MV-78B [6/88] and registration certificate for lost plates to Department of Motor Vehicles to obtain new plates. a. If one plate is reported lost/stolen, the remaining plate, vehicle registration and MV-78B [6/88] will be surrendered to Department of Motor Vehicles personnel to obtain new plates. The complainant must then notify the precinct of record for transmission of an alarm on the missing plate. DRIVER’S LICENSE, LEARNER’S PERMIT, VEHICLE REGISTRATION/ STICKER: MEMBER OF THE SERVICE 6. NOTE Lost or stolen driver’s license, learner’s permits, and vehicle registration items (exclusive of plates) do not meet the criteria for entry into the NYSPIN System. 7. 8. Prepare COMPLAINT REPORT WORKSHEET. a. Send additional copy of COMPLAINT REPORT or COMPLAINT FOLLOW-UP (PD313-081) to Stolen Property Inquiry Section in cases where a vehicle’s inspection sticker has been reported lost or stolen. Prepare and sign Report of Lost or Stolen License or Registration Items (MV-78B [6/88]) and give to complainant. a. Make certain box on form captioned “Was the Loss the Result of a Crime?” is checked “Yes” or “No”, as appropriate. Instruct complainant to deliver MV-78B [6/88] to Department of Motor Vehicles to obtain new documents. ADDITIONAL DATA If complainant does not know where the loss or theft occurred, the place of occurrence will be the place where the complainant first discovered the loss. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Preliminary Investigation of Complaints (Other Than Vice Related Or Narcotics Complaints) (P.G. 207-07) Lost or Stolen Property/Identity Theft (P.G. 207-12) Preliminary Investigation, Recording And Transmission Of Alarms For Stolen Vehicles (P.G. 207-11) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-14 ROBBERY COMPLAINTS INVOLVING POLICE IMPERSONATION DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To assist uniformed members of the service who become aware of a robbery involving the impersonation of any law enforcement personnel. DEFINITION POLICE IMPERSONATION - For the purpose of this procedure, a police impersonation occurs when during the commission of a crime, the perpetrator: a. Pretends to be a police officer or wears or displays any uniform, badge, insignia or facsimile thereof by which a police officer of any jurisdiction is generally identified; OR b. Expresses by words or actions that he/she is a police officer or acting with the approval or authority of any police department; OR c. Displays, wears or uses police equipment in a manner likely to create the impression that he/she is a police officer. PROCEDURE Whenever a robbery is committed and it is alleged to have been committed by an individual(s) purporting to be law enforcement personnel: UNIFORMED MEMBER OF THE SERVICE 1. NOTE The Police Impersonation Unit will investigate all robbery police impersonation complaints and other serious crimes involving police impersonations. The precinct Detective Squad will be responsible for other criminal impersonation complaints. In ALL cases of suspected police impersonation, a notification to Internal Affairs Bureau Command Center is required and a log number will be assigned. MEMBER CONCERNED, COMMAND CENTER 5. 6. Record information and issue log number. Notify Police Impersonation Investigation Unit (P.I.I.U.). PATROL SUPERVISOR 7. 8. 9. 10. Notify desk officer. Ensure that a thorough preliminary investigation is conducted. Verify arrest(s), if made. Have COMPLAINT REPORT WORKSHEET (PD313-152A) prepared including: a. Detailed description of the impersonation and robbery. b. Internal Affairs Bureau Command Center log number and member notified. 2. 3. 4. Determine whether a robbery in fact has been committed involving an impersonation of any law enforcement personnel. Request response of patrol supervisor. Detain complainant/witnesses, if possible. Notify the Internal Affairs Bureau Command Center (212) 741-8401, for notification to Police Impersonation Investigation Unit (P.I.I.U.) a. Obtain name of member notified and log number. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-14 REVISION NUMBER: PAGE: 08/01/13 2 of 2 DESK OFFICER 11. Finalize COMPLAINT REPORT WORKSHEET utilizing the OLCS and fax copy of COMPLAINT REPORT (PD313-152) to the Internal Affairs Bureau Command Center at (212) 741-8408. SUPERVISOR, P.I.I.U. 12. Dispatch member(s) to interview complainant/witnesses, if circumstances warrant. a. Dispatch member(s) from Internal Affairs Bureau Police Impersonation, or Internal Affairs Bureau Nightwatch, if a response to interview a complainant/witness is required during the 1st Platoon. P.I.I.U./ NIGHTWATCH MEMBER CONCERNED 13. 14. 15. Interview complainant and obtain facts. Safeguard evidence. Have complainant view Police Impersonation Photo Albums and Criminal Investigation Unit photos, if necessary. Maintain a case file. Effect arrests of identified subject(s). 16. 17. SUPERVISOR, P.I.I.U. 18. 19. 20. ADDITIONAL DATA Review all robbery impersonation complaints received at the Command Center to determine case status. Maintain statistics regarding trends and arrests. Supply and maintain Police Impersonation Photo Albums for each borough Criminal Investigation Unit. Police Impersonation Photo Albums that are maintained by the Police Impersonation Investigation Unit are available for use by all investigative units within the Department. The Police Impersonation Investigation Unit is available to assist in any open investigation involving police impersonations and will provide assistance, as appropriate, whenever serious criminal conduct involves impersonation of law enforcement personnel. Whenever the Police Impersonation Investigation Unit develops a “pattern,” a notification will be made to the appropriate borough robbery squad. Additionally, if the Police Impersonation Investigation Unit rejects a case, a telephone notification will be made to the precinct detective squad concerned. The Special Victims Squad concerned will investigate robberies committed by police impersonators, which include sexual assault, and the Police Impersonation Investigation Unit will assist in the investigation. If in the course of an investigation it is determined that a possible “narcotics trade” element is involved, the Police Impersonation Investigation Unit member concerned will make the necessary notifications to the Organized Crime Control Bureau. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-15 THREATS TO COMPLAINANTS AND WITNESSES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To investigate, record and refer complaints of threats to witnesses/complainants involved in criminal proceedings. PROCEDURE When notified of a threat to a witness/complainant: UNIFORMED MEMBER OF THE SERVICE 1. 2. DESK OFFICER 3. 4. Obtain as much detailed information as possible, e.g., possible motive, type of threat, subject of threat, etc. Immediately notify desk officer, precinct of occurrence. a. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). Ensure that a supervisor is responding, if not already present. a. Direct the preparation of a COMPLAINT REPORT (PD313-152). Immediately notify precinct detective squad concerned or borough nightwatch, if appropriate. NOTE Communications Section will automatically direct the patrol supervisor to respond to all incidents involving threats to witnesses. ASSIGNED DETECTIVE 5. 6. 7. DETECTIVE SUPERVISOR 8. 9. 10. 11. 12. DETECTIVE BOROUGH COMMANDER/ EXECUTIVE OFFICER 13. Immediately interview complainant, conduct preliminary investigation and confer with assigned detective supervisor. Process and safeguard physical evidence, e.g., note, tape recording, etc., if any. Determine if person(s) threatened is a complainant or witness in a criminal proceeding. a. When the threat involves an arrest or investigation previously conducted by this Department, notify the detective assigned to the case and obtain his/her assistance in assessing the threat. Immediately conduct a personal interview with person threatened and person receiving threat, if not the same person. Notify the District Attorney’s Office concerned if subject has been a complainant/witness at a hearing, grand jury, trial, etc. Direct the establishment of any immediate security measures necessary, if appropriate. Confer with detective duty captain, patrol duty captain and desk officer, precinct of occurrence regarding security measures implemented and the need for continued or additional measures. Notify detective borough commander/executive officer of details of threat and steps taken to insure security of complainant/witness. Consult with patrol borough commander/executive officer as soon as possible regarding duration and extent of security measures when coverage is provided. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-15 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 Security options may include directed patrol, fixed post (foot or RMP), and advising complainant/witness to contact 911, if any suspicious person is observed or further threats received. Simple refusal by threatened party shall not be the sole factor in determining that no security measures be taken. Locations where a witness who is threatened is present are considered Sensitive Locations. A generic “SPRINT” message to have the patrol supervisor respond to these locations is automatically entered. However, this does not preclude a commanding officer from requesting inclusion of additional information related to safety in “SPRINT” as per A.G. 316-35, “Hazardous/Sensitive/Hazardous Material Locations”. RELATED PROCEDURES Hazardous/Sensitive/Hazardous Material Locations (A.G. 316-35) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-16 OVERDUE RENTAL VEHICLES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To record and investigate complaints of overdue rental vehicles. DEFINITION PRECINCT OF OCCURRENCE - For the purpose of this procedure only, shall be the precinct where the vehicle was leased/rented, or the location where the vehicle was scheduled to be returned to at the expiration of the lease or rental agreement. PROCEDURE When a rental agency reports an overdue rental vehicle: UNIFORMED MEMBER OF THE SERVICE 1. 2. NOTE Fraudulent means may consist of giving false information on the rental agreement relative to identification, residence or place of employment, etc. Interview complainant and conduct preliminary investigation. Ascertain if fraudulent means were used to obtain vehicle. 3. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) and: a. Classify complaint as “AUTO LARCENY” if fraudulent means were used to rent the auto, OR b. Classify complaint as “INVESTIGATION - UNAUTHORIZED USE OF MOTOR VEHICLE”, when no apparent fraud is involved. DESK OFFICER 4. Direct command clerk to prepare COMPLAINT REPORT (PD313-152) from COMPLAINT REPORT WORKSHEET and: a. If complaint is classified as AUTO LARCENY, direct the reporting officer to comply with P.G. 207-11, “Preliminary Investigation, Recording and Transmission of Alarms for Stolen Vehicles,” OR b. If complaint is classified as INVESTIGATION - UNAUTHORIZED USE OF MOTOR VEHICLE, refer to precinct detective squad to determine if the facts will support a criminal action. 5. Ascertain from the rental agency if all of the following steps were taken to contact the lessee: a. Efforts made to locate lessee at residence or place of employment b. Certified letter mailed to lessee demanding the return of the vehicle c. Internal check to ensure clerical errors are not present d. Written investigation report that tends to support criminal action (most rental agencies have a form for this purpose) e. Other appropriate steps. Reclassify complaint from INVESTIGATION to UNAUTHORIZED USE OF MOTOR VEHICLE, when facts support a criminal action. Mark complaint “UNFOUNDED,” if the facts do not support a criminal action, and: a. Inform rental agency that the complaint is a civil matter. PRECINCT DETECTIVE 6. 7. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-16 REVISION NUMBER: PAGE: 08/01/13 2 of 2 NOTE If additional information substantiating a criminal action is brought to the attention of this Department, a CLOSED CASE may be reopened and further investigation conducted. PRECINCT DETECTIVE (continued) 8. ADDITIONAL DATA In complaints of overdue rental vehicles, all the facts must be examined to determine if a criminal action can be supported. In many instances, the retention of a rental vehicle amounts to a breach of a civil contract ONLY, and the rental agency can seek redress in civil court. Record action taken on COMPLAINT FOLLOW-UP (PD313-081) unless such information is contained on original COMPLAINT REPORT. A criminal action involving overdue rental vehicles can be supported ONLY if there is a “GROSS DEVIATION” from the rental agreement and the rental agency concerned has served or attempted service of a “NOTICE,” in person or by certified mail, at the address indicated in the rental agreement, stating the time and date the vehicle was to be returned; that the agency does not consent to continued retention of the vehicle by the lessee; and that further retention of the vehicle may constitute a Class “A” Misdemeanor. A “GROSS DEVIATION” may occur when, but is not limited to, a lessee who has legal custody of a vehicle for fifteen days or less, pursuant to a written rental agreement, intentionally retains such vehicle for at least seven days beyond the expiration date of the rental agreement and continues such possession for more than two days after service or attempted service of the above mentioned “NOTICE” from the rental agency. RELATED PROCEDURES Preliminary Investigation, Recording And Transmission Of Alarms For Stolen Vehicles (P.G. 207-11) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-17 CONTRABAND WEAPONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To record seizures of contraband weapons. DEFINITION CONTRABAND WEAPON - As used in this section includes any weapons possessed unlawfully. PROCEDURE When a uniformed member of the service comes into possession of a contraband weapon: UNIFORMED MEMBER OF THE SERVICE 1. 2. Follow normal complaint and/or arrest procedures. Charge appropriate offense(s) from the New York State Penal Law, if arrest made. DESK OFFICER 3. 4. Notify Joint Terrorist Task Force of details. Notify the Bureau of Alcohol, Tobacco and Firearms through Operations Unit if any of the following weapons are involved: a. Fully automatic firearms such as machine guns and machine pistols b. Shotguns with barrels less than 18 inches long c. Rifles with barrels less than 16 inches long d. Altered shotgun or rifle with overall length of less than 26 inches e. Any weapon, other than conventional handgun, capable of firing a shot, if such weapon can be concealed on the person f. Destructive device - any explosive, incendiary, poison gas, bomb, grenade, rocket, missile, mine or similar device; or any parts designed to create a destructive device g. Pistols with shoulder stocks h. Any muffling or silencing device designed for use with a firearm. NOTE Include information concerning any vehicle, vessel or aircraft that is or may be involved in violation of Federal Law. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Contraband Weapons (P.G. 208-49) Processing Firearms and Firearm-Related Evidence (P.G. 218-23) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-18 COMPLAINTS INVOLVING CREDIT CARDS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To investigate complaints involving credit cards. PROCEDURE When a credit card comes into possession of a member of the service and its status is in doubt and requires investigation: MEMBER OF THE SERVICE 1. DESK OFFICER 2. NOTE Report information to desk officer. Notify the Special Frauds Squad between 0900 and 1800 hours, Monday through Friday, by telephone. Special Frauds Squad member will check records and telephone credit card company for status inquiry of credit cards. The credit card company representative will telephone results of inquiry to the desk officer. 3. Have COMPLAINT REPORT (PD313-152) prepared when required: a. Have additional copy sent to Special Frauds Squad b. Enter, under “Details,” name of Special Frauds Squad member notified c. Enter results of inquiry under “Details.” 4. Comply with P.G. 207-07, “Preliminary Investigation of Complaints (Other than Vice Related or Narcotics Complaints).” For investigations concerning identity theft, comply with P.G. 207-34, “Complaints Involving Identity Theft.” UNIFORMED MEMBER OF THE SERVICE 5. ADDITIONAL DATA If an arrest is effected involving the credit card, the credit card company involved will provide a representative in court as a complainant when required. The Special Frauds Squad maintains twenty-four hour telephone hot line verification numbers for various credit card companies. If the Special Frauds Squad office is closed, the current list of hot line numbers is maintained at the Missing Persons Desk. RELATED PROCEDURES Preliminary Investigation of Complaints (Other Than Vice Related Or Narcotics Complaints) (P.G. 207-07) Counterfeiting/Forging U.S. Government Obligations or Counterfeiting/Unauthorized Use of Access Devices (P.G. 208-47) Complaints Involving Identity Theft (P.G. 207-34) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-19 THEFTS FROM DEPARTMENT LOCKERS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To investigate reported thefts from Department lockers. PROCEDURE Upon discovery of a theft or attempted theft from a Department locker: MEMBER OF THE SERVICE 1. Report facts to desk officer. DESK OFFICER 2. 3. Notify commanding officer or duty captain. Notify IAB, Command Center and obtain a Log Number. COMMANDING OFFICER/ DUTY CAPTAIN Investigate circumstances of incident including, but not limited to, photographing damage to locker, obtaining fingerprints, results of interviews, etc. Notify precinct detective squad concerned, if necessary. Direct preparation of COMPLAINT REPORT WORKSHEET (PD313-152A). Take steps to prevent recurrence of theft. Prepare three copies of report on Typed Letterhead and forward: a. First two copies to bureau chief concerned b. Third copy to Internal Affairs Bureau. 4. 5. 6. 7. 8. ADDITIONAL DATA Members of the service are responsible for securing their lockers with a combination type padlock without a serial number. FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-20 INVESTIGATION OF CRIMES INVOLVING COMPUTERS OR COMPUTER TECHNOLOGY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To protect computer evidence obtained by this Department during the course of investigations or arrests, and to enhance the prosecution of defendants. PROCEDURE Whenever computer related evidence is to be seized, subject of an investigation or connected with an arrest: UNIFORMED MEMBER OF THE SERVICE CONCERNED 1. NOTE Computer Crimes Squad will determine if a response to debrief the prisoner(s) is necessary. 2. 3. Notify Computer Crimes Squad (0600 to 2000 hours, Monday through Friday) or Office of the Chief of Detectives (all other times) whenever: a. Computer-related evidence is seized or expected to be seized, i.e., evidence consisting of a computer that has been used to commit a crime or is suspected of being a device that stores evidence. b. An arrest involving a computer is made. Confer with Computer Crimes Squad whenever: a. A criminal investigation by a unit of this Department is conducted where computers or computer evidence may be involved. b. A warrant to seize computers or computer-related evidence is being sought, prior to the preparation of the warrant. For investigations concerning identity theft, comply with P.G. 207-34, “Complaints Involving Identity Theft.” NOTE Notification to the Computer Crimes Squad concerning search warrants will be of a limited nature pertaining only to computers and computer-related equipment to be seized. ADDITIONAL DATA When requested, the Computer Crimes Squad will provide technical assistance in properly securing computer evidence, conducting computer forensic examinations and preparing warrants. The Computer Crimes Squad will make the determination whether a response to the scene is required, based on the totality of the circumstances presented in each case. RELATED PROCEDURE Complaints Involving Identity Theft (P.G. 207-34) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-21 ALLEGATIONS OF CORRUPTION AND OTHER MISCONDUCT AGAINST MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To process allegations of corruption and other misconduct against members of the service. SCOPE All members of the service must be incorruptible. An honest member of the service will not tolerate members of the service who engage in corruption or other misconduct. All members of the service have an absolute duty to report any corruption or other misconduct, or allegation of corruption or other misconduct, of which they become aware. DEFINITION CORRUPTION/OTHER MISCONDUCT: Criminal activity or other misconduct of any kind including the use of excessive force or perjury that is committed by a member of the service whether on or off duty. PROCEDURE Upon observing, or becoming aware of corruption or other misconduct or upon receiving an allegation of corruption or other misconduct involving a member of the service: NOTE To prevent interruption or delay in vital services, a telephone switchboard operator will refer any allegation of corruption or other misconduct to the desk officer, who will record the details of the allegation(s). MEMBER OF THE SERVICE CONCERNED 1. NOTE In certain cases, supervisory personnel assigned to the Command Center of the Internal Affairs Bureau may direct on duty members not reporting anonymously to prepare a detailed written report in addition to a telephone notification or request the member(s) concerned to await the arrival of an investigator. Telephone Internal Affairs Bureau, Command Center (212) 741-8401 (24 hours) or 1-800-PRIDE PD (24 hours) or (212) CORRUPT (24 hours). a. Give preliminary facts. b. Identify self or, if opting to remain anonymous, obtain Confidential Identification Number from the Command Center investigator. c. Furnish details of corruption or other misconduct. OR 2. Prepare a detailed written report addressed to the Chief of Internal Affairs. a. Forward DIRECT, or via FAX (212) 741-8408, to the Command Center, 315 Hudson Street, within twenty-four hours. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-21 REVISION NUMBER: PAGE: 08/01/13 2 of 2 MEMBERS MAY OPT TO REPORT ALLEGATIONS OF CORRUPTION/ OTHER MISCONDUCT IN WRITING ANONYMOUSLY MEMBER OF THE SERVICE CONCERNED (continued) 3. Prepare a detailed written report, upon becoming aware of misconduct, and forward to: a. Chief of Internal Affairs, or b. Box 1001, New York, N.Y. 10014. NOTE Obtaining a Confidential Identification Number from the Command Center investigator will satisfy the member's reporting responsibility, if the information reported is accurate and complete. Subsequent or ongoing reporting is encouraged to insure the information is timely and complete and may be made by referencing the Confidential Identification Number. ADDITIONAL DATA A member of the service having or receiving information relative to corruption or other misconduct, or an allegation of corruption or other misconduct, has the responsibility to report such information directly to the Internal Affairs Bureau, Command Center. Failure to report corruption, other misconduct, or allegations of such act is, in itself, an offense of serious misconduct and will be charged as such when uncovered during an investigation. Conduct designed to cover up acts of corruption, prevent or discourage its report, or intimidate those who would report it, will be charged as an obstruction of justice or other criminal act with the consent of the prosecutor who has criminal jurisdiction. A member of the service receiving an allegation of corruption against oneself will request a supervising officer to respond to the scene. The supervising officer will interview the complainant and confer with the Internal Affairs Bureau, Command Center, BEFORE interviewing the member concerning the allegation. RELATED PROCEDURES Allegations of Corruption Against City Employees (Other than Members of the New York City Police Department) (P.G. 207-22) Processing Civilian Complaints (P.G. 207-31) Civilian Complaints - Witness Statement (P.G. 207-30) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-22 ALLEGATIONS OF CORRUPTION AGAINST CITY EMPLOYEES (OTHER THAN MEMBERS OF THE NEW YORK CITY POLICE DEPARTMENT) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To record allegations of corruption and/or serious misconduct and/or misconduct against federal, state or city employees, other than members of this Department, and provide for notifications to the appropriate agency. PROCEDURE Upon receiving, or becoming aware of, an allegation of corruption and/or serious misconduct and/or misconduct against a federal, state or city employee, other than a member of this Department: MEMBER OF THE SERVICE 1. 2. Report the facts immediately to commanding officer, or if absent, the highest-ranking supervisor in the command. Telephone Internal Affairs Bureau, Command Center (212) 741-8401 (24 hours) and: a. Identify self b. Give telephone number where you can be reached c. Give preliminary facts d. Comply with instructions of ranking officer, Internal Affairs Bureau. SUPERVISORY MEMBER 3. Prepare report on Typed Letterhead, addressed to the Chief of Internal Affairs with all details. a. Forward original and copy in sealed white envelope addressed to: Internal Affairs Bureau, Command Center 315 Hudson Street, 3rd Floor New York, New York 10013 NOTE A complaint against a federal, state or city employee other than a member of this Department, that does not involve an allegation of corruption and/or serious misconduct and/or misconduct (for example, Driving While Intoxicated or Domestic Violence) will be processed in accordance with the provisions of P.G. 207-01, “Complaint Reporting System.” RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Preliminary Investigation of Complaints (Other than Vice Related or Narcotics Complaints) (P.G. 207-07) Allegations of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-23 MISSING PERSONS DATE ISSUED: 09/06/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 1 of 6 PURPOSE To investigate, search for, refer, and record complaints of missing persons. DEFINITIONS MISSING PERSON - Person missing from a NEW YORK CITY RESIDENCE and: a. Under eighteen years of age, OR b. Mentally or physically impaired to the extent that hospitalization may be required, OR c. Senile, retarded or disabled and not capable of self-care or clear communication, OR d. Sixty-five years of age or older, OR e. Possible victim of drowning, OR f. Indicated an intention of committing suicide, OR g. Absent under circumstances indicating unaccountable or involuntary disappearance. NOTE Missing person complaints WILL BE ACCEPTED for persons missing from temporary residences within New York City (hotels, rooming houses, etc.). However, complainants will also be instructed to report such cases to the local police agency covering the permanent residence of the missing person. UNDER NO CIRCUMSTANCES WILL COMPLAINANTS BE REFERRED DIRECTLY TO THE MISSING PERSONS SQUAD. Missing persons DO NOT INCLUDE the following: a. Persons wanted for crimes, OR b. Persons wanted on warrants, OR c. Persons eighteen years of age or older, who have left home voluntarily because of domestic, financial or similar reasons. These exclusions are intended for persons who are likely to have fled VOLUNTARILY as a direct result of their status (e.g. A person wanted for a crime fleeing to avoid prosecution). However, the exclusions listed above shall not be used as a justification for failing to accept a missing persons report when the totality of the circumstances indicate that a person may in fact be missing. PROCEDURE Upon receiving a complaint of a missing person: UNIFORMED MEMBER OF THE SERVICE 1. Respond to the scene, interview complainant and obtain: a. An accurate description of the subject b. Clothing worn c. Location where last seen (1) If missing person is believed to be using public transportation, obtain information on the type of transportation, route and possible destination(s) d. Administration for Children’s Services caseworker’s name and telephone number, if applicable e. Biological parents’ name, address and telephone number, as appropriate f. Ascertain whether missing person has Alzheimer’s disease and is registered with the Alzheimers’ Association Safe Return Program, as appropriate NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-23 REVISION NUMBER: PAGE: 09/06/13 (1) UNIFORMED MEMBER OF THE SERVICE (continued) 2 of 6 If so, determine whether person was wearing a Safe Return wristband or necklace and request that complainant provide the Safe Return identification number. (a) If the identification number is unknown, the responding member will call the Alzheimer’s Association to obtain the number and any other information the Association has on the missing person. There are no minimum time limits that must be observed before accepting a report of a missing person. However, when a person sixty-five years of age and older, or a child less than ten, or a senile/disabled person is missing from a hospital or institution, PRIOR TO INITIATING ANY OTHER ACTION, AN INITIAL SEARCH OF THE BUILDING WILL BE CONDUCTED TO VERIFY THAT SUCH PERSONS ARE ACTUALLY MISSING. NOTE A complainant could be, in addition to a member of the family, a legal or temporary guardian, a representative of the Department of Education, or a hospital administrator. 2. 3. Request patrol supervisor to respond. Notify desk officer of details. 4. Check precinct records to determine if missing person has been the subject of police action. DESK OFFICER 5. PRECINCT OF OCCURRENCE Notify desk officer, precinct of residence, for preparation of required reports, when applicable, unless an immediate investigation and/or search for the missing person is required. In these instances, the desk officer shall be notified after the search. Notify PSA desk officer when missing person is a resident of a New York City Housing Authority development. Ascertain if Missing Persons Squad has any information on the missing individual by requesting a records search. Notify precinct detective squad. DESK OFFICER PRECINCT OF OCCURRENCE AND/OR PRECINCT OF RESIDENCE 6. 7. 8. DESK OFFICER 9. PRECINCT OF RESIDENCE Direct the preparation of MISSING/UNIDENTIFIED PERSON REPORT (PD336-151) and COMPLAINT REPORT WORKSHEET (PD313-152A). a. Ensure that same complaint number is used for both MISSING/ UNIDENTIFIED PERSON REPORT and COMPLAINT REPORT. b. Have JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) prepared, if missing person is at least seven but less than sixteen years of age. c. Have NYS Domestic Incident Report (DCJS 3221) prepared, if circumstances indicate that youth is missing due to abuse, maltreatment, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-23 d. 3 of 6 Ensure that any information relating to a missing person registered with the Alzheimer’s Association Safe Return Program is included in the MISSING/UNIDENTIFIED PERSON REPORT under caption, “Remarks/Other Pertinent Information” (see step 1, subdivision f). Missing Persons Squad cannot process a MISSING/UNIDENTIFIED PERSON REPORT unless ALL captions are filled out. Members of the service are to contact Missing Persons Squad for assistance in the event information is unknown or not available. 10. NOTE PAGE: 09/06/13 DESK OFFICER PRECINCT OF RESIDENCE (continued) NOTE REVISION NUMBER: Direct that MISSING/UNIDENTIFIED PERSONS REPORT (without FACSIMILE TRANSMITTAL SHEET [PD112-1410]) be FAXED to Missing Persons Squad, between 0630 and 2300 hours only. (Do not FAX between 0700-0800, and 1500-1600). a. Have command clerk enter Missing Persons Squad case number and name of member who assigned case number on the MISSING/UNIDENTIFIED PERSON REPORT when received. Whenever FAX machines are unavailable or inoperable, the Missing Persons Squad intake desk will continue to accept MISSING/UNIDENTIFIED PERSONS REPORTS by telephone between 0630 and 2400 hours. In addition, Missing Persons Squad members will be available for conferral during those hours as well. WHEN IMMEDIATE INVESTIGATION AND/OR SEARCH IS REQUIRED: NOTE An immediate investigation and/or search is required for the following “special category” missing persons: a. Child under sixteen years of age, OR b. Mentally/physically impaired to the extent that hospitalization may be required, OR c. Senile, retarded or disabled and not capable of self-care or clear communication, OR d. Sixty-five years of age or older, OR e. Unique/unusual case, OR f. Missing under circumstances indicating unaccountable or involuntary disappearance, OR g. Possible drowning victim. DESK OFFICER 11. PRECINCT OF OCCURRENCE NOTE Open and maintain Command Post Log at desk. Maintain, in front of Command Post Log, a listing of “special category” missing persons captioned as follows: NAME OF MISSING PERSON 12. SAFE RETURN INFORMATION AGE DATE OF REPORT PAGE NUMBER Make the following additional notifications: a. Precinct commander/duty captain for “special category” missing persons in subdivisions “a” through “e” above. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-23 REVISION NUMBER: PAGE: 09/06/13 b. DESK OFFICER PRECINCT OF OCCURRENCE (continued) c. d. e. 4 of 6 Precinct platoon commander, if child under ten is missing. (1) The precinct commander/duty captain will be notified and perform the duties of the platoon commander, if the platoon commander is unavailable. Precinct detective squad, precinct of occurrence to respond and assist in search. (1) If no detective is available, notify the detective borough dispatcher. Operations Unit Missing Persons Squad - Notify of identity of member assigned to conduct the immediate investigation and/or search. PATROL SUPERVISOR/ ASSIGNED DETECTIVE 13. NOTE If the platoon commander is not immediately available, the patrol supervisor/assigned detective will commence the search immediately pending the arrival of the platoon commander or the precinct commander/duty captain. 14. 15. 16. 17. 18. Direct, coordinate and control the search in the appropriate areas. a. If a child under ten years of age is missing, the platoon commander, precinct of occurrence, shall perform steps 13 through 18. Request additional personnel, as required. a. Emergency Service Unit, if needed. b. Aviation Unit to survey rooftops, when necessary. c. PSA platoon commander and/or PSA patrol supervisor, if missing person is a resident of a NYC Housing Authority development. Request Communications Section to broadcast description of missing person to members on patrol. a. If missing person is believed to be using public transportation, request broadcast of description to precincts along travel route, and notify Transit Bureau (subways) and/or Traffic Management Center (buses), as appropriate. Initiate search at location where missing person was last observed. a. If missing person’s residence is within search pattern have entire building thoroughly searched. b. Include travel route, if any, in search pattern. Direct members performing the search to maintain records of area, routes and premises searched and identities of persons questioned. Keep the following informed of progress of search: a. Precinct commander/duty captain, when applicable b. Desk officers (precincts of occurrence and residence, if different) c. Missing Persons Squad (1) Make notification within a reasonable time (usually four hours BUT NOT LATER THAN END OF TOUR) of progress of search. Upon completion of investigation and search, obtain the Missing Persons Squad serial number. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-23 REVISION NUMBER: PAGE: 09/06/13 d. e. PATROL SUPERVISOR/ ASSIGNED DETECTIVE 5 of 6 Operations Unit Communications Section. (continued) 19. Assist in search efforts when notified that missing person is a resident of a NYC Housing Authority development. a. Assign available Housing Bureau resources to assist in search, as necessary. b. Act as liaison with other NYC Housing Authority personnel, as necessary. DESK OFFICER 20. PRECINCT OF RESIDENCE Review and forward MISSING/UNIDENTIFIED PERSON REPORT and JUVENILE REPORT SYSTEM WORKSHEET, if prepared, as per instructions on forms. a. Enter precinct serial number on JUVENILE REPORT SYSTEM WORKSHEET prior to forwarding. Review COMPLAINT REPORT and finalize in On Line Complaint System. PSA PLATOON COMMANDER/ PATROL SUPERVISOR 21. ASSIGNED DETECTIVE 22. Forward COMPLAINT FOLLOW-UP (PD313-081) within seven working days detailing the steps taken in the preliminary investigation, UNLESS the investigation was closed on the MISSING/UNIDENTIFIED PERSON REPORT. COMMANDING OFFICER/ DUTY CAPTAIN 23. 24. Supervise and review actions taken by members of the service. Ensure that all forms are properly prepared and forwarded. ADDITIONAL DATA SIXTY YEARS OF AGE AND OLDER – The Missing Persons Squad will make a daily telephone notification to the New York City Department for the Aging (DFTA) of persons sixty years of age and older who were reported missing the previous calendar day. Hours of operation for the DFTA are 0900 to 1700 hours, Monday thru Friday, and the Missing Persons Squad will notify DFTA the next business day for missing persons reported on weekends or holidays. The telephone notification shall include the name, address, and contact numbers of a family member and/or caretaker of the missing person. A brief synopsis of the details along with the missing person’s medical situation shall also be included in the telephone notification to DFTA. NON-RESIDENTS - A report of person missing from a residence OUTSIDE New York City WILL NOT BE ACCEPTED. The complainant will be directed to report the case to the local police agency covering the residence of the missing person. The local police may request this Department to assist in the investigation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-23 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 6 of 6 SUBJECT OF A CRIME - When a person reported missing or unidentified is found to be the subject of a crime, the investigating member will notify the desk officer, precinct of residence and precinct of occurrence (if different) and Missing Persons Squad. The member will also prepare a COMPLAINT FOLLOW-UP to close the missing person case. The member will then prepare another COMPLAINT REPORT and have a new complaint serial number assigned to the case. ADDITIONAL DATA (continued) The Missing Persons Squad is required to make a report, through NYSPIN, as soon as possible, to the Central Registry, upon receiving a notification of a missing child under eighteen years of age. RELATED PROCEDURES Unidentified Persons (P.G. 216-03) Notifications (P.G. 216-15) On-Line Juvenile Report System (P.G. 215-08) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) COMPLAINT REPORT (PD313-152) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) MISSING/UNIDENTIFIED PERSON REPORT (PD336-151) NYS Domestic Incident Report (DCJS 3221) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-25 NOTIFICATIONS FROM CASEWORKERS EMPLOYED BY THE PROTECTIVE SERVICES FOR ADULTS AND DEPARTMENT FOR THE AGING DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To provide a comprehensive mechanism for receiving and responding to reports of crimes committed against clients (and prospective clients) of the Protective Services for Adults (PSA) and Department for the Aging (DFTA). SCOPE This procedure establishes the manner in which the Department will receive, record, and, in appropriate circumstances, commence an investigation in those cases where caseworkers, employed by the Protective Services for Adults and/or Department for the Aging, are presented with facts and circumstances giving the caseworker reason to believe that a crime has been committed against a client or any person being evaluated to become a client. DEFINITIONS IMPAIRED ADULT ABUSE - the physical, sexual, emotional, or financial abuse and/or neglect of a physically or mentally impaired adult, eighteen years of age or older, who is unable to provide for his/her own health, welfare or safety. ELDER ABUSE - the physical, sexual, emotional, or financial abuse and/or neglect of an individual sixty years of age or older. PROCEDURE Upon receiving a report from a caseworker, employed by either the Protective Services for Adults or Department of the Aging, alleging that a client of the agency or a person being evaluated to become a client has been the victim of a crime: MEMBER OF THE SERVICE RECEIVING REPORT 1. Ascertain immediately if report relates to on-going condition that threatens health or safety of victim. IF HEALTH OR SAFETY OF VICTIM APPEARS TO BE IN IMMEDIATE DANGER: 2. Request medical assistance to the scene of occurrence. a. Ensure response of police personnel and resources, including Emergency Service Unit and patrol supervisor, as necessary. IF HEALTH OR SAFETY OF VICTIM DOES NOT APPEAR TO BE IN IMMEDIATE DANGER: UNIFORMED MEMBER OF THE SERVICE ASSIGNED 3. Notify Communications Section and request appropriate unit to be dispatched to scene. 4. Respond to scene, and: a. Interview complainant/victim, witnesses and caseworker. b. Comply with applicable “Aided Case” procedures, if necessary. c. Conduct thorough field investigation, obtain facts and safeguard evidence. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-25 REVISION NUMBER: PAGE: 08/01/13 2 of 3 UNIFORMED MEMBER OF THE SERVICE ASSIGNED (continued) 5. NOTE The crime prevention officer, who is designated to act as the liaison between this Department and caseworkers for the Protective Services for Adults Agency and Department for the Aging, will be notified in all cases when a caseworker employed by either agency makes a report of an elderly/impaired victim. 6. 7. Comply with P.G. 207-07, “Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints)” and P.G.208-36, “Family Offenses/Domestic Violence,” if applicable. a. Canvass area for witnesses, if appropriate. Notify crime prevention officer, in addition to any other required notifications. Notify precinct detective squad or domestic violence investigator, if appropriate, in all cases requiring further investigation. a. Notify Detective Bureau’s Special Frauds Squad in cases where elderly persons are victims of financial exploitation, con games and home repair scams. NOTE Cases involving incidents of domestic violence will continue to be the responsibility of the Domestic Violence Prevention Officer/Investigator, who will be notified directly. ADDITIONAL DATA Whenever possible, Protective Services for Adults and Department for the Aging caseworkers requiring police assistance in any given situation will contact the liaison at the precinct concerned to make advance arrangement for such assistance. When advance arrangement is not possible, caseworkers concerned will contact the desk officer, precinct concerned, to request such assistance. When the situation constitutes an emergency, caseworkers will contact 911 and request response. Protective Services for Adults and Department of the Aging are valuable resources whose services may be utilized by members of the service (uniformed and civilian) to secure additional assistance when dealing with cases involving long-term investigation or those requiring access to financial or other records. The assigned investigator should attempt to obtain assistance from the Protective Services for Adults or Department of the Aging caseworker through the precinct crime prevention officer. Protective Services for Adults caseworkers are experienced in arranging for the provision of food, shelter, medical care and financial assistance to physically or mentally impaired adults. In addition, Protective Services for Adults personnel are authorized by law to intervene to prevent evictions, assist clients in obtaining public assistance, and assist in arranging for heat, electric and cleaning services for clients in need of these services when no other family member is willing and/or able to do so on the client’s behalf. The most typical client is a person sixty years and older, physically or mentally impaired without family ties. Department for the Aging provides emergency financial assistance and supportive services to elderly crime victims and elder abuse victims. Services include providing crime prevention and supportive counseling, home security repairs, i.e., windows and door locks for victims of forced entries, help in replacing stolen documents, assistance in filing Crime Victim Compensation Board claims, and securing other services such as Home Energy Assistance Program (HEAP) and Meals on Wheels. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-25 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 The operational hours for both the Protective Services for Adults and Department of the Aging are Monday through Friday, 0900 to 1700 hours. Each District Attorney’s Office within the City of New York has special units or has assigned assistants to specialize in cases involving the elderly. In the event that such assistance is required, the member of the service concerned should contact the appropriate Office of the District Attorney during business hours and confer with the unit/assistant assigned to handle these cases. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-26 VOLUNTARY SURRENDER OF WEAPONS WITH WRITTEN NOTICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To encourage and record the voluntary surrender of dangerous weapons. PROCEDURE When a person asks how to surrender a dangerous weapon: UNIFORMED MEMBER OF THE SERVICE 1. NOTE If at the time of inquiry, the person physically possesses the weapon, the uniformed member of the service concerned will escort the person to the appropriate command where “Voluntary Surrender of Weapons Without Prior Notice” procedure will be followed (see P.G. 207-27). CLERICAL MEMBER 2. Enter name and address of writer and description of weapon in the Command Communications Log upon receipt of the written notice, and forward same to command clerk. COMMAND CLERK 3. 4. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). Attach copy of written “notice of intent” to file copy of the COMPLAINT REPORT (PD313-152). DESK OFFICER 5. Forward copy of COMPLAINT REPORT with the original “notice of intent” attached to precinct detective squad. Direct person requesting such information to write a “notice of intent to surrender weapon” to the commanding officer of resident precinct including: a. Name and address b. Description of weapon c. Present location of weapon, and d. Time, date and place where weapon will be surrendered. RELATED PROCEDURE Voluntary Surrender of Weapons Without Prior Notice (P.G. 207-27) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-27 VOLUNTARY SURRENDER OF WEAPONS WITHOUT PRIOR NOTICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To encourage and record the voluntary surrender of dangerous weapons. PROCEDURE When a person appears at a Department facility to surrender a dangerous weapon without having given prior notice: DESK OFFICER 1. 2. Request identification. Make Command Log entry, including person’s name and address, description of the weapon and other circumstances. 3. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A), PROPERTY CLERK INVOICE (PD521-141) and other appropriate forms. a. If weapon is a firearm, also prepare REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168). DESK OFFICER 4. Summon precinct detective squad member to take charge of the weapon and the person surrendering. COMMAND CLERK FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-28 RECORDING OF COMPLAINTS OCCURRING WITHIN THE NEW YORK CITY TRANSIT SYSTEM DATE ISSUED: 12/04/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 12/04/13 1 of 3 PURPOSE To assist members of the service in the proper preparation and forwarding of COMPLAINT REPORT WORKSHEETS (PD313-152A) pertaining to complaints under the jurisdiction of the N.Y.P.D. Transit Bureau. PROCEDURE When assigned to prepare a COMPLAINT REPORT WORKSHEET involving complaints alleged to have occurred under the jurisdiction of the Transit Bureau: MEMBER OF THE SERVICE 1. NOTE “Jurisdiction Code” refers to the bureau, division or agency having primary patrol responsibility over the specific location of occurrence. (See “ADDITIONAL DATA”). 2. NOTE Interview complainant thoroughly to ascertain: a. “Type of Location” and applicable “Jurisdiction Code.” Comply with the following for complaints that are under the jurisdiction of the Transit Bureau (i.e., New York City subway or elevated train lines): a. Enter the word “NYC Transit Subway” in the “Type of Location (specific)” caption of the COMPLAINT REPORT WORKSHEET b. Enter “01” as the jurisdiction code (meaning Transit Bureau) in Box 1 entitled “Jurisdiction” c. Enter the name of the train station of occurrence and the train line(s) that run at the location of incident in the “Address/Location of Occurrence” caption of the COMPLAINT REPORT WORKSHEET. 86 Street Station - “1, 9” lines i. Examples: Parsons Blvd. Station - “F” line High St. Station - “A, C” lines. To identify the appropriate “Location of Occurrence” for incidents occurring on a moving train, the incident will be recorded as occurring at the next (very first) station where the train stops regardless of precinct or patrol borough boundaries. d. Fully describe the incident and reconstruct the elements of the offense(s) if any, and in addition, record the following information in the “Details” section of the COMPLAINT REPORT WORKSHEET: i. Time of victim’s entry into the transit system ii. Station of entry into the transit system iii. Specific incident location in the transit system, e.g., train platform, mezzanine, booth, elevator, passageway, ramp, stairway, street stairway, escalator, etc. (a) If incident occurred on the train, indicate direction of travel (northbound/southbound/Manhattan bound, etc.), train line (letter or number) and train car location (indicate car number or location of car as front, middle, rear of train) if known NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-28 PAGE: 12/04/13 MEMBER OF THE SERVICE (continued) iv. v. vi. PRECINCT/PSA 3. DESK OFFICER 4. 5. 6. 7. NOTE REVISION NUMBER: 2 of 3 Examples: Northbound “4” train, car #944 Southbound “R” train, rear car (b) If incident occurred on a N.Y.C. Transit System stairway, street stairway, passageway, ramp, escalator or booth, indicate the common N.Y.C. Transit System marking visibly posted or painted upon the location, if known Examples: S-3 (Street stairway) M-4 (Mezzanine stairway) Method of escape, i.e., onto tracks, into tunnel, street, etc. Total value of property damaged - in criminal mischief cases NOTIFICATIONS - include the rank, name, shield number and command of members notified from units within the Department, (i.e., Borough Transit Squad, Precinct Detective Squad/BRAM, Missing Persons Squad, Transit Bureau Wheel, etc.) Verify that required notifications and proper referral of active cases have been made. Review COMPLAINT REPORT WORKSHEET and make certain that necessary captions are completed and required information is provided in the “Details” section of the report. Sign COMPLAINT REPORT WORKSHEET, upon verification that information is accurate and complete. Give COMPLAINT REPORT WORKSHEET to command clerk for entry into the On-Line Complaint System (OLCS), as appropriate. Direct command clerk to IMMEDIATELY FAX the COMPLAINT REPORT WORKSHEET to the desk officer, transit district of record so that the district concerned may take appropriate supplemental action, as necessary. a. Have command clerk telephone the district concerned to ensure receipt of FAXED report. If command’s FAX machine is inoperable for any reason, the details of the COMPLAINT REPORT WORKSHEET MUST be telephoned to the desk officer, transit district of record. The desk officer, transit district of record shall ensure that the telephoned details are recorded on a COMPLAINT REPORT WORKSHEET. 8. 9. 10. Have command clerk enter the transit district of record and the title/rank, name of the district member receiving the report in the “Details” section of the COMPLAINT REPORT WORKSHEET. Retain COMPLAINT REPORT WORKSHEET in command file. Ensure that those members of the service assigned to the operation of the On-Line Complaint System (OLCS) enter the required transit - related information and correct jurisdiction code in the appropriate fields PRIOR TO FINALIZATION (i.e., “sign off”) of the On-Line Complaint. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-28 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 12/04/13 3 of 3 All members of the service are reminded that a clear distinction exists between the “Jurisdiction” code and the “Reporting Agency” code listed on a COMPLAINT REPORT WORKSHEET/COMPLAINT REPORT FOLLOW-UP (PD313-081). The “Jurisdiction” code refers to the bureau, division or agency having the primary patrol responsibility over the location of occurrence. The Transit Bureau (Jurisdiction code “01”) has primary responsibility to patrol the New York City subway, subway stations and elevated train lines and the Transit Bureau District offices only. Accordingly, complaints not under the jurisdiction of the NYPD Transit Bureau shall NOT be classified as “01” (Transit Bureau). Some stairways, street stairways, passageways and ramps are the property of other transportation facilities such as the LIRR (code “06), PATH (code “03”), AMTRAK (code “07”), or Metro-North (code “15”). Complaints alleged to have occurred at these locations are considered off the NYC Transit System and the appropriate jurisdiction code MUST be entered by the member of the service preparing a COMPLAINT REPORT WORKSHEET/COMPLAINT REPORT FOLLOW-UP. The Pattern Identification Module (PIM) Transit Bureau Liaison assigned to each Patrol Services Bureau Borough command will thoroughly review all complaints, regardless of jurisdictional code, to ensure that all transit-related crimes have been reported to the appropriate transit district of record. The “Reporting Agency” code refers to the specific assignment of the member of the service who is preparing the COMPLAINT REPORT WORKSHEET/COMPLAINT REPORT FOLLOW-UP or who effected the recorded arrest, as follows: Code “00” NYPD MOS (not assigned to Transit Bureau or Housing Bureau) Code “01” NYPD Transit Bureau MOS Code “02” NYPD Housing Bureau MOS Codes “03 through 15” Other Agency Officers RELATED PROCEDURE Follow-Up Investigations Of Complaints Already Recorded (P.G. 207-09) FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD 313-152A) COMPLAINT REPORT FOLLOW-UP (PD 313-081) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-29 FIELD REPORTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To investigate, take corrective action and record non-criminal conditions occurring on N.Y.C. Housing Authority locations. SCOPE FIELD REPORT (PD313-1511) will be used to record the following noncriminal conditions occurring on N.Y.C. Housing Authority locations: a. Playing in prohibited areas b. Noise complaints c. Other breaches of Housing Authority Rules and Regulations d. Follow-up dispositions e. Repairs f. Damage, accidental g. Damage, non-criminal h. Damage, cause unknown i. Lingering j. Complaint unclassified k. Abandoned and derelict vehicles l. Resident disputes m. Fire, non-suspicious n. Other conditions as specified by appropriate Patrol Guide procedures. PROCEDURE When becoming aware of any of the above non-criminal conditions occurring on N.Y.C. Housing Authority locations: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. Take appropriate police action. Make a complete and accurate ACTIVITY LOG (PD112-145) entry. Prepare FIELD REPORT and deliver to police service area desk officer. a. Obtain and enter serial number assigned in ACTIVITY LOG. b. Telephone details to police service area clerk for preparation of FIELD REPORT, if assigned to foot patrol or delivery of FIELD REPORT is not practical. (1) Sign FIELD REPORT at end of tour, if possible. COMMAND CLERK 4. Enter reported condition on INCIDENT INDEX - ON DEVELOPMENT (NYCHA 080.105). a. Assign the next serial number and have serial number entered on FIELD REPORT. Submit completed FIELD REPORTS to police service area desk officer. 5. PSA DESK OFFICER 6. 7. Review FIELD REPORTS for completeness and accuracy. a. Ensure that necessary captions are completed and sign. Distribute copies of FIELD REPORTS, as follows: a. Original - Police Service Area of occurrence. b. 1st copy - Housing Authority Development Manager, during second platoon, next business day. c. 2nd copy - Reporting officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-29 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 ADDITIONAL DATA Uniformed members of the service not assigned to police service area commands, that prepare a FIELD REPORT, must contact the police service area of occurrence by telephone and request a FIELD REPORT serial number from the command clerk. Once the FIELD REPORT has been fully prepared, numbered, and signed by the desk officer, the FIELD REPORT will be forwarded direct to the police service area of occurrence, via Department mail. FORMS AND REPORTS ACTIVITY LOG (PD112-145) FIELD REPORT (PD313-1511) INCIDENT INDEX - ON DEVELOPMENT (NYCHA 080.105) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-30 CIVILIAN COMPLAINTS - WITNESS STATEMENT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To record and process statements of witnesses to incidents from which a civilian complaint arises. PROCEDURE When a person is present in a Department facility and wishes to make a statement as a witness to an incident involving a civilian complaint: MEMBER OF THE SERVICE 1. NOTE If the witness appears to have difficulty understanding/communicating in English, the member of the service concerned should comply with P.G. 212-90, “Guidelines for Interaction with Limited English Proficient (LEP) Persons.” Due to the sensitive nature of corruption/misconduct complaints, the use of the telephonic interpretation service is the preferred interpretation method in these types of cases. If the complainant appears to be hearing impaired, the member of the service receiving the complaint should comply with P.G. 212-104, “Interaction with Hearing Impaired Persons. 2. 3. 4. 5. NOTE Interview witness. Provide witness with first copy of CIVILIAN COMPLAINT REPORT (PD313-154) to be prepared in witness’s own handwriting. Prepare CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) (PD313-154B) and include the following under caption “Additional Comments:” a. If witness is apparently under the influence of an intoxicant or drug. b. If witness is apparently suffering from a mental disorder or evidences any condition bearing on his/her credibility. c. Physical condition of witness, noting any visible marks or injuries relative to the complaint. Have four typewritten copies of CIVILIAN COMPLAINT REPORT and two typewritten copies of CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) prepared. a. Enter same serial number on witness statement as is assigned to the related civilian complaint. Have witness sign copies of CIVILIAN COMPLAINT REPORT, under caption “Complainant’s Signature” (cross out “Complainant” and insert “Witness”). The witness is NOT to sign the CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). 6. 7. Review and sign all copies of the CIVILIAN COMPLAINT REPORT and the CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). Give one typewritten copy of CIVILIAN COMPLAINT REPORT, marked “Complainant Copy,” to the witness as a receipt. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-30 REVISION NUMBER: PAGE: 08/01/13 2 of 2 NOTE DO NOT GIVE WITNESS A COPY OF THE CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). MEMBER OF THE SERVICE (continued) 8. ADDITIONAL DATA If witness appears at command after CIVILIAN COMPLAINT REPORT has been forwarded or at a command, other than where the original complaint was lodged, the desk officer/supervisor will comply with all procedures listed above. In addition, the desk officer/supervisor will telephone the Civilian Complaint Review Board, Intake Unit, to obtain the assigned Civilian Complaint Review Board or Chief of Department serial number. The assigned serial number must be entered on both the CIVILIAN COMPLAINT REPORT and the CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). RELATED PROCEDURES Processing Civilian Complaints (P.G. 207-31) Allegations of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21) FORMS AND REPORTS CIVILIAN COMPLAINT REPORT (PD313-154) CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) (PD 313-154B) 9. Attach one copy of witness’s statement to each related copy of civilian complaint. Process in accordance with P.G. 207-31, “Processing Civilian Complaints.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-31 PROCESSING CIVILIAN COMPLAINTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 7 PURPOSE To record and initiate investigation of complaints from civilians alleging misconduct by uniformed members of the service. SCOPE Complaints against uniformed members of the service may be made at any patrol precinct, police service area, transit district, traffic unit, Internal Affairs Bureau, or any other office of the Department, including the Office of the Police Commissioner or office of a deputy commissioner. DEFINITIONS INVESTIGATING SUPERVISOR - for the purpose of this procedure will be: a. In a patrol command - the Platoon Commander, Special Operations Lieutenant, or Integrity Control Officer of the command receiving the complaint will conduct investigation. (1) If the Platoon Commander, Special Operations Lieutenant, or the Integrity Control Officer is unavailable, the commanding officer/duty captain will assume charge of the preliminary investigation. b. In other than a patrol command - a supervisor or duty captain from the next higher command will perform the investigation. SUPERVISOR REVIEWING CIVILIAN COMPLAINT - Supervising member of the service who reviews a CIVILIAN COMPLAINT REPORT (PD313154) prepared by a subordinate member. The reviewer must be at least one rank higher than the member receiving the CIVILIAN COMPLAINT REPORT. PROCEDURE Upon receipt of a complaint from a civilian alleging misconduct by a uniformed member of the service: MEMBER OF THE SERVICE RECEIVING COMPLAINT 1. NOTE Complaints of corruption or other misconduct not within the jurisdiction of the Civilian Complaint Review Board will be referred to the Internal Affairs Bureau Command Center (see P.G. 207-21, “Allegations of Corruption and Other Misconduct Against Members of the Service”). 2. Report all misconduct complaints (see exceptions in following “NOTE”) including unnecessary use of force, abuse of authority, discourtesy, offensive language, etc., to Civilian Complaint Review Board, Intake Unit at 1-800-341-2272 (24 hours). Process complaints as follows: a. MADE IN PERSON (1) Interview complainant. (2) Give complainant first copy of CIVILIAN COMPLAINT REPORT (PD313-154) to be prepared in complainant’s own handwriting. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-31 REVISION NUMBER: PAGE: 08/01/13 (3) MEMBER OF THE SERVICE RECEIVING COMPLAINT (continued) b. c. d. 2 of 7 Furnish assistance or allow other person to assist in preparing the form. Enter under “Details” reason assistance was given. (4) Have complainant sign form under appropriate caption and have representative or person assisting, if any, sign form under caption “Details.” RECEIVED BY MAIL (1) Attach original letter of complaint to first copy of CIVILIAN COMPLAINT REPORT ordinarily prepared by civilian complainant. (2) Make photocopy of original letter of complaint and attach to file copy of CIVILIAN COMPLAINT REPORT. (3) Enter Civilian Complaint Review Board or Chief of Department serial number, as appropriate, in a conspicuous location at the top of original letter of complaint. RECEIVED BY TELEPHONE (1) Prepare first copy of CIVILIAN COMPLAINT REPORT in own handwriting and treat as if prepared by complainant. All captions are to be completed. If requested information is not given, indicate such in appropriate captions on REPORT. (2) Advise complainant he/she will receive a written acknowledgement from the Civilian Complaint Review Board. IN PERSON (DOES NOT WANT TO IMMEDIATELY MAKE COMPLAINT) - When a complainant is present in any police facility and does not want to immediately make a complaint or furnish the member of the service receiving the complaint with details of the incident: (1) PROVIDE the complainant with the first copy of CIVILIAN COMPLAINT REPORT. (2) Advise complainant that the complaint may be delivered in person, taken over the telephone, or sent by mail to any patrol precinct, police service area, transit district, traffic unit, Internal Affairs Bureau, or any other office of the Department, including the Office of the Police Commissioner or office of a deputy commissioner. IN ADDITION, provide the complainant with the telephone number of the Civilian Complaint Review Board, Intake Unit at 1-800-341-2272 (24 hours). (3) When a member of the service receives a request for a CIVILIAN COMPLAINT REPORT, the desk officer/ supervisor will be advised and a Command Log entry will immediately be made and shall include the name of the complainant, if provided, physical description, e.g., sex, race, age and any other pertinent information. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-31 NOTE REVISION NUMBER: PAGE: 08/01/13 3 of 7 If the complainant appears to have difficulty understanding/communicating in English, the member of the service concerned should comply with P.G. 212-90, “Guidelines for Interaction with Limited English Proficient (LEP) Persons.” Due to the sensitive nature of corruption/misconduct complaints, the use of the telephonic interpretation service is the preferred interpretation method in these types of cases. If the complainant appears to be hearing impaired, the member of the service receiving the complaint should comply with P.G. 212-104, “Interaction with Hearing Impaired Persons.” To prevent an interruption or delay in vital services, the telephone switchboard operator will refer an allegation of misconduct to the desk officer who will record pertinent details of the allegation. MEMBER OF THE SERVICE RECEIVING COMPLAINT (continued) 3. 4. NOTE Prepare CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) (PD313-154B) and include the following under the caption “Additional Comments:” a. If complainant is apparently under the influence of an intoxicant or drug. b. If complainant is apparently suffering from a mental disorder or evidences any condition bearing on his/her credibility. c. Physical condition of complainant, noting any visible marks or injuries relative to the complaint. (1) Take photograph of area of body that was reportedly injured, when possible, with complainant’s consent. Inform Civilian Complaint Review Board, Intake Unit, immediately by telephone 1-800-341-2272 (24 hours) of: a. Summary of alleged misconduct b. Time complainant arrived, or letter or call received c. Name and address of complainant. Indicate if anonymous, transient or homeless d. Rank, name, shield number and command of member complained of, if known e. Reporting command f. Name, rank, and command of member transmitting information. A follow-up notification to the Internal Affairs Bureau Command Center at (212) 7418401, will also be made to obtain an Internal Affairs Bureau log number. Indicate that number on the top of the CIVILIAN COMPLAINT REPORT, under the caption I.A.B. LOG #. 5. 6. Obtain Civilian Complaint Review Board or Chief of Department serial number and time recorded from Civilian Complaint Review Board, Intake Unit, and enter on CIVILIAN COMPLAINT REPORT. Request complainant and/or witnesses to remain if: a. Requested by Civilian Complaint Review Board, Intake Unit, pending telephone and/or in person interview by investigator to clarify complaint allegation(s), etc. b. Complaint has been assigned a Chief of Department serial number and the complainant is a transient or homeless. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-31 MEMBER OF THE SERVICE RECEIVING COMPLAINT (continued) PAGE: 08/01/13 7. 8. 9. 10. NOTE REVISION NUMBER: 4 of 7 Notify Investigating Supervisor to initiate investigation of alleged complaint(s) if: a. Doubt exists as to the identity of the member of the service against whom the complaint is being lodged, OR b. Complaint has been assigned a Chief of Department serial number and the complainant is a transient or homeless. Have four typewritten copies of CIVILIAN COMPLAINT REPORT and two typewritten copies of CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) prepared. Review and sign all copies of CIVILIAN COMPLAINT REPORT and CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). Give one typewritten copy of CIVILIAN COMPLAINT REPORT, marked “Complainant Copy,” to the complainant as a receipt. DO NOT GIVE COMPLAINANT A COPY OF THE CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). 11. 12. INVESTIGATING SUPERVISOR 13. 14. 15. 16. 17. Have a Command Log entry made consisting of the following information: a. Name and address of complainant b. Time of complainant’s arrival and departure or time of receipt of letter or telephone call c. Physical condition of complainant, noting any visible marks or injuries relative to the complaint d. Identity of member complained of, if known e. Civilian Complaint Review Board or Chief of Department serial number assigned. Have two copies of Typed Letterhead prepared in a command not maintaining a Command Log, addressed to the commanding officer, and containing the information described in step 11. Initiate investigation as indicated in step 7 above. Notify the Civilian Complaint Review Board, Intake Unit at (800) 3412272 (24 hours) of the results of the investigation. Record the results of the investigation on the CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY WORKSHEET) under the caption “Additional Comments” and return to the member of the service receiving complaint for distribution. Record results of investigation in Command Log. a. Commands not maintaining a Command Log will record the results of the investigation as per step 12 above. Notify the commanding officer/duty captain if unable to ascertain the identity of the member against whom the complaint is being lodged. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-31 REVISION NUMBER: PAGE: 08/01/13 5 of 7 18. Review CIVILIAN COMPLAINT REPORT prepared by member of the service receiving complaint. a. If a civilian complaint is made in person or by telephone and it involves member(s) of the reporting command, ensure that all related Department documents are included with the REPORT (See NOTE following step 20). b. Complete following captions: “Title, Tax Registry Number and Signature of Reviewing Supervisor, Name Printed, and Date”. c. Submit entire package to commanding officer. COMMANDING 19. OFFICER OF MEMBER 20. RECEIVING COMPLAINT Endorse and forward original Typed Letterhead to next higher command maintaining a Command Log. a. Have duplicate filed. Distribute copies of CIVILIAN COMPLAINT REPORT and CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) as follows: a. Complaints within Civilian Complaint Review Board jurisdiction: (1) Forward original typewritten CIVILIAN COMPLAINT REPORT, handwritten complaint and “Investigating Entity” copy of the STATISTICAL SUMMARY SHEET, with photograph, if taken, to Internal Affairs Bureau, Civilian Complaint Review Board Liaison, in a sealed envelope, DIRECT (2) Distribute remaining copies of CIVILIAN COMPLAINT REPORT and STATISTICAL SUMMARY SHEET as indicated at bottom of each form. b. Complaints within the Chief of Department jurisdiction: (1) Forward original typewritten CIVILIAN COMPLAINT REPORT, handwritten complaint and “Investigating Entity” copy of the STATISTICAL SUMMARY SHEET, to Investigation Review Section, Office of the Chief of Department, in a sealed envelope, DIRECT. (2) Distribute remaining copies of CIVILIAN COMPLAINT REPORT and STATISTICAL SUMMARY SHEET as indicated at bottom of each form. SUPERVISOR REVIEWING CIVILIAN COMPLAINT REPORT NOTE When a complaint is made in person or by telephone and involves a member of the service assigned to the reporting command, attach to the CIVILIAN COMPLAINT REPORT (PD313-154): a. All department related documents, e.g., COMPLAINT REPORT WORKSHEET (PD313-152A), command log entries, ACTIVITY LOG (PD112-145) entries, SPRINT record, ROLL CALL (PD406-144), etc. The completed package will then be forwarded to the Internal Affairs Bureau, Civilian Complaint Review Board Liaison Unit in Department mail. Department records will not be forwarded direct to the Civilian Complaint Review Board. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-31 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 7 Complaints made against uniformed members of the service involving unnecessary use of force, abuse of authority, discourtesy or offensive language will be directed to the Civilian Complaint Review Board, Intake Unit, and be assigned a Civilian Complaint Review Board serial number. Additionally, complaints against uniformed members alleging other acts of misconduct, i.e., fail to properly perform duty, unwarranted traffic summons, etc., will be directed to the Civilian Complaint Review Board, Intake Unit, and be assigned a Chief of Department serial number. Complaints made against civilian members of the service, including traffic enforcement agents, which would normally be within the jurisdiction of the Civilian Complaint Review Board (i.e., unnecessary use of force, abuse of authority, discourtesy, or offensive language), will be directed to the Internal Affairs Bureau for screening at (212) 741-8401, 8402, 8403 or 8404. One typewritten copy of the CIVILIAN COMPLAINT REPORT will be given to the complainant as a receipt. The handwritten copy and the “Investigating Entity” copy of the CIVILIAN COMPLAINT REPORT and the “Investigating Entity” copy of the STATISTICAL SUMMARY SHEET will be forwarded to the Internal Affairs Bureau direct in a sealed envelope. The remaining copies of the CIVILIAN COMPLAINT REPORT and STATISTICAL SUMMARY SHEET will be distributed as indicated at the bottom of each form. It should be noted that NO portion of either the CIVILIAN COMPLAINT REPORT or the STATISTICAL SUMMARY SHEET is to be forwarded to the Civilian Complaint Review Board for complaints made against civilian members of the service. Steps 1, 4, 5 and 19 of this procedure do not apply to complaints involving civilian members of the service. Complaints alleging corruption or other misconduct against any uniformed or civilian member of the service, including traffic enforcement agents, will be directed to the Internal Affairs Bureau Command Center (see P.G. 207-21, “Allegations of Corruption and Other Misconduct Against Members of the Service”). If a civilian complaint originates at a precinct stationhouse/transit district/PSA and is the result of a radio run within the last twenty-four hours, the member of the service receiving the complaint will attach a copy of the “SPRINT” printout to the CIVILIAN COMPLAINT REPORT, prior to forwarding the paperwork to the Internal Affairs Bureau or the Investigation Review Section, Office of the Chief of Department. Any request for Department records made by representatives of the Civilian Complaint Review Board will be referred to the Internal Affairs Bureau, Civilian Complaint Review Board Liaison, for necessary attention. Department records will not be forwarded direct to the Civilian Complaint Review Board. Complaints against federal, state, or city employees, other than members of the New York City Police Department, involving allegations of corruption or serious misconduct, will be processed in accordance with P.G. 207-22, “Allegations of Corruption Against City Employees (Other than Members of the New York City Police Department).” Any other complaint will be processed in accordance with P.G. 207-01, “Complaint Reporting System.” A complainant seeking to register a complaint, which does not affect this Department or a federal, state, or city agency as described above, will be referred to the nongovernmental entity concerned. The desk officer will explain the reason for the referral to the complainant, and will assist the complainant in lodging the complaint in any way possible with the proper agency. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-31 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 7 of 7 A member of the service may prefer a civilian complaint against another member of the service. Investigation of such complaint will be conducted by the commanding officer(s) assigned by the Commanding Officer, Investigation Review Section, Office of the Chief of Department. Whenever a member of the service is a victim of disparaging remarks relative to his/her ethnicity, race, religion, gender, or sexual orientation, made by another member of the service, he/she may register a complaint with the Civilian Complaint Review Board. The Civilian Complaint Review Board will record the complaint and forward a summary of the allegation to the Deputy Commissioner - Equal Employment Opportunity for investigation. The commanding officer of the member complained of will receive a copy of the CIVILIAN COMPLAINT REPORT from the Office of Equal Employment Opportunity. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Civilian Complaints – Witness Statement (P.G. 207-30) Allegations of Corruption and other Misconduct against Members of the Service (P.G. 207-21) Allegations of Corruption against City Employees (Other than Members of the New York City Police Department) (P.G. 207-22) FORMS AND REPORTS CIVILIAN COMPLAINT REPORT (PD313-154) CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) (PD313-154B) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-32 INVESTIGATION OF CARJACKINGS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To investigate, refer, and analyze complaints of robberies involving or including the larceny of an automobile. PROCEDURE When assigned to investigate a complaint of any crime which involves or includes the forcible theft of an automobile: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. DESK OFFICER 8. 9. 10. 11. ASSIGNED BRAM/PDS/SVS INVESTIGATOR 12. 13. 14. Interview complainant and witnesses, obtain facts, and safeguard evidence. Conduct field investigation. a. Transmit alarm b. Detain witnesses, where necessary. Take immediate summary action, if possible. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). Notify the precinct detective squad/Burglary/Robbery Apprehension Module (BRAM). Refer complaint requiring further investigation, except cases closed by arrest, to: a. Precinct Detective Squad (PDS), OR b. Precinct Burglary/Robbery Apprehension Module (BRAM) OR c. Special Victims Squad (SVS). Notify desk officer upon completion of investigation and deliver COMPLAINT REPORT WORKSHEET as soon as possible. Direct stationhouse clerk to enter complaint into the On Line Complaint System (OLCS). Verify that alarm has been transmitted and that required notifications and proper referral of complaint have been made. Review the complaint in OLCS and compare to WORKSHEET. Ensure that a copy of the OLCS Complaint Report is forwarded to the Precinct Detective Squad, Precinct Burglary/Robbery Apprehension Module or Special Victims Squad, as appropriate. Conduct initial interview of complainant and witnesses. a. Canvass vicinity of crime scene, if necessary, to locate witnesses b. Evaluate available evidence c. Prepare COMPLAINT FOLLOW-UP INFORMATIONAL(s) (PD313-081A), recording results of interview(s) and other investigative steps taken. Identify and arrest perpetrator(s). Analyze complaint information and compare to other available complaint and recovery data from Computer Assisted Robbery System (CARS) Unit and Alarm Board. a. Determine if case is part of a pattern of organized robberies b. Determine if autos are being exported, tagged or resold for parts, if part of a pattern. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-32 REVISION NUMBER: PAGE: 08/01/13 2 of 2 ASSIGNED BRAM/PDS/SVS SUPERVISOR/ BOROUGH ROBBERY SQUAD INVESTIGATOR 15. NOTE If a minor (under eighteen years of age) is to be used as a non-suspect participant in a lineup, ensure that CONSENT FORM - NON-SUSPECT MINOR (PD377-030) is/has been prepared and signed by the parent/legal guardian of the minor prior to lineup. 16. Refer case, if determined to be part of a pattern, to appropriate borough robbery squad for further investigation and notify patrol and detective borough command of pattern information. Investigate assigned case and pattern and: a. Identify and arrest perpetrator(s) b. Conduct lineups c. d. Execute search warrant(s) Examine and identify recovered vehicle(s). ADDITIONAL DATA Whenever the offense of robbery of an automobile occurs in connection with another more serious offense (e.g., homicide, sex offenses, kidnapping) the complaint will be referred to the investigatory unit normally responsible for conducting the investigation of that more serious offense (e.g., borough Special Victims Squad, Major Case Squad). FORMS AND REPORTS COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-018A) COMPLAINT REPORT WORKSHEET (PD313-152A) CONSENT FORM - NON-SUSPECT MINOR (PD377-030) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-33 RECORDING ENFORCEMENT INCIDENTS DATE ISSUED: 09/06/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 1 of 2 PURPOSE To clarify the boundaries within which police service area/transit district/precinct commands will record enforcement incidents as being “ON-DEVELOPMENT” or within the jurisdiction of the New York City Housing Authority. DEFINITIONS ENFORCEMENT INITIATIVE - For the purpose of this procedure, is considered to be: a. A complaint as defined in PG. 207-01, “Complaint Reporting System,” OR b. An arrest as defined in P.G. 208-03, “Arrests - General Processing,” OR c. A summons as defined in P.G. 209-01, “Condition of Service” or Environmental Control Board Notice of Violation as described in P.G. 209-12, “ECB Notice of Violation and Hearing - General Procedure,” OR d. Any situation which requires the preparation of a JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) or a YOUTH REFERRAL (PD377-153). DEVELOPMENT - An “enforcement incident” will be classified “ONDEVELOPMENT” if it occurred at any of the following locations: a. All New York City Housing Authority buildings, apartments, managers’ offices, maintenance areas, storage rooms, etc. b. All walkways, grounds, parking areas and development driveways located within New York City Housing Authority developments. c. Stores, laundries, community centers, childcare centers, senior citizen centers, health stations, etc., which operate within New York City Housing Authority buildings. d. From the center line of streets which are contiguous to New York City Housing Authority grounds inward toward New York City Housing Authority buildings. e. Entire city streets where Housing Authority developments are located on both sides of the street. For those city streets where Housing Authority developments are immediately adjacent to privately owned residences, commercial establishments, etc., then only the length of the Housing Authority development, from the center line of the street to the Housing Authority development building line, will be considered an on-project enforcement incident. f. New York City Parks Department areas and playgrounds within or immediately adjacent to New York City Housing Authority grounds. g. New York City Department of Education playgrounds within or immediately adjacent to New York City Housing Authority grounds. h. Piers or bulkheads immediately adjacent to New York City Housing Authority grounds. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-33 REVISION NUMBER: PAGE: 09/06/13 2 of 2 DEFINITIONS (continued) OFF-DEVELOPMENT - For the purpose of this procedure, is an “enforcement incident” which occurs at a location not listed above. NOTE When an “enforcement incident” begins “off-development” but ends “on-development,” or vice versa, the jurisdictional determinant will be the location where the incident originally started. PROCEDURE When an “enforcement incident” is determined to be “on-development” or having occurred within the jurisdiction of the New York City Housing Authority: MEMBER OF THE SERVICE 1. Ensure that the Housing Authority jurisdiction code “02” is entered, in the appropriate captions on COMPLAINT REPORTS (PD313-152), ON LINE BOOKING SYSTEM ARREST WORKSHEETS (PD244-159), and other appropriate reports prepared, for enforcement incidents occurring on Housing Authority locations. a. Data entries into the On Line Complaint and On Line Booking Systems of such enforcement incidents will include the Housing Authority jurisdiction code “02,” if applicable. 2. PRECINCT/ DISTRICT COMMANDERS Ensure that respective police service area commanders are informed of all complaints and enforcement activity occurring on Housing Authority locations which were recorded by other than Housing Bureau personnel. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Condition of Service (P.G. 209-01) Environmental Control Board (ECB) Notice of Violation and Hearing - General Procedure (P.G. 209-12) Arrests - General Processing (P.G. 208-02) On-Line Juvenile Report System (P.G. 215-08) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) YOUTH REFERRAL (PD377-153) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-34 COMPLAINTS INVOLVING IDENTITY THEFT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To outline the duties and responsibilities of a member of the service when made aware of a complaint involving Identity Theft. DEFINITION A person is guilty of Identity Theft when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person and thereby: obtains goods, money, property or services or uses credit in the name of such other person or causes financial loss to such person or to another person (NYS Penal Law 190.77-190.80). SCOPE Complaints involving Identity Theft can be complex in nature stemming from a myriad of variables and permutations. The member of the service encountering such a complaint must realize the possibility that such a complaint can potentially encompass numerous crimes. As a result, the Crime Complaint Reporting System Reference Guide (Rev. 6/11) will be used to classify Identity Theft related crimes. Significant clarifications and changes have been made to the Crime Complaint Reporting System Reference Guide to instruct the member of the service in the proper classification of Identity Theft related crimes. It must be noted that the “Seven Major Felony Rule” P.G. 207-01, “Complaint Reporting System” will still be applicable. PROCEDURE When a member of the service is made aware of a complaint involving Identity Theft: MEMBER OF THE SERVICE 1. 2. 3. NOTE A refusal by the complainant/victim to prepare or sign the COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT form does not preclude the requirement to prepare a COMPLAINT REPORT. Any refusal by the complainant to prepare or sign a COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT form will be noted in the details section of the COMPLAINT REPORT. Determine whether the complainant is a victim of Identity Theft. Ascertain where the complainant/victim resides (i.e. inside or outside NYC). Instruct and assist the complainant/victim in preparing pages 1 and 2 of the COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516) if the complaint meets the criteria outlined in the Crime Complaint Reporting System Reference Guide. a. Ensure complainant signs BOTH waivers on pages 1 and 2. b. If necessary, assist complainant in contacting credit card issuer for required information (e.g. address where card was sent etc.) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-34 MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 08/01/13 4. 5. DESK OFFICER 6. 7. 8. 9. 2 of 3 Prepare COMPLAINT REPORT (PD313-152). a. Utilize the Crime Complaint Reporting System Reference Guide as well as the charts on the cover sheet of the COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT to classify COMPLAINT REPORT. Forward completed COMPLAINT REPORT and COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT to Desk Officer for review. Review COMPLAINT REPORT and COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT for accuracy and completeness. Ensure COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT is attached to precinct file copy of COMPLAINT REPORT. a. Ensure that copies of the COMPLAINT REPORT and COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT are forwarded to the precinct detective squad. Refer complainant/victim to the precinct detective squad for further investigation and preparation of IDENTITY THEFT PRELIMINARY INVESTIGATION REPORT (PD313-0847), if detective squad member is available. Ensure notification is made to the Financial Crimes Task Force for complaints involving Identity Theft related larcenies and loss is valued at $5,000 or more. a. Ensure time, date, and name of member notified are included in the “Details” section of the COMPLAINT REPORT. DETECTIVE SQUAD MEMBER 10. ADDITIONAL DATA If a COMPLAINT REPORT was initially taken for lost/stolen property or related offenses (Robbery, Burglary, etc.) and the complainant/victim subsequently becomes a victim of Identity Theft resulting from the initial complaint, the member of the service will prepare a COMPLAINT FOLLOW-UP (PD313-081) or COMPLAINT FOLLOWUP INFORMATIONAL (PD313-081A), as appropriate, and instruct and assist the complainant/victim in preparing pages 1 and 2 of COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT. The above will be adhered to only after a thorough investigation reveals a nexus between the initial COMPLAINT REPORT and the complainant consequently becoming a victim of Identity Theft. If this criteria is not met, then a new COMPLAINT REPORT will be generated for the appropriate crime. If the reporting command is not the command of incident, the Desk Officer will ensure the COMPLAINT FOLLOW-UP or COMPLAINT FOLLOW-UP INFORMATIONAL, and COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT are forwarded to the originating command of incident. 11. Interview complainant and prepare IDENTITY THEFT PRELIMINARY INVESTIGATION REPORT. Review COMPLAINT REPORTS daily for Identity Theft cases and conduct follow-up investigations on all cases not previously referred for investigation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 207-34 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 The Financial Crimes Task Force will be responsible for the investigation of all cases involving Identity Theft related larcenies where loss is valued at $5,000 or more, or there is a pattern involving more than one NYPD precinct, or for any case where the expertise, equipment and resources of the Financial Crimes Task Force are most appropriate to the investigation. Any questions not specifically answered in the Crime Complaint Reporting System Reference Guide may be directed to the Data Integrity Unit, Office of Management Analysis and Planning. RELATED PROCEDURE Lost or Stolen Property/Identity Theft (P.G. 207-12) FORMS AND REPORTS COMPLAINANT’S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516) IDENTITY THEFT PRELIMINARY INVESTIGATION REPORT (PD 313-084) COMPLAINT REPORT (PD313-152). COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-35 SILVER ALERT SYSTEM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To provide information to the public in the event a person who is: a. Sixty-five years of age or older, and b. Meets the additional qualifying criteria of a “vulnerable senior,” (i.e. a person sixty-five years of age or older with dementia, as a result of Alzheimer’s disease or a similar condition) and, c. Is reported missing under circumstances indicating he/she is in imminent danger of serious bodily harm or death. DEFINITIONS SILVER ALERT - A communication to the public of identifying information concerning a “vulnerable senior” who is reported missing to the Department or other law enforcement agency under circumstances indicating that the person is in imminent danger of serious bodily harm or death. The determination to activate a Silver Alert shall be made by a captain or above assigned to the Detective Bureau. VULNERABLE SENIOR - A person sixty-five years of age or older with dementia, as a result of Alzheimer’s disease or a similar condition. PROCEDURE When responding to a report of a missing person and information received indicates that the case may qualify for a Silver Alert: UNIFORMED MEMBER OF THE SERVICE 1. NOTE The patrol supervisor will implement missing person/special category procedure as necessary, consistent with all available information. DESK OFFICER 3. 2. 4. 5. PRECINCT DETECTIVE SQUAD INVESTIGATOR /SUPERVISOR Comply with P.G. 207-23, “Missing Persons” and request the response of the patrol supervisor. Notify desk officer of details. Comply with the duties described in P.G. 207-23, “Missing Persons” and ascertain if incident may fit criteria for activation of a Silver Alert. Request Precinct Detective Squad supervisor and commanding officer/duty captain to respond to the scene. Conduct a preliminary investigation and ascertain if missing person fits the definition of a “vulnerable senior” and is missing under circumstances indicating that he/she is in imminent danger of serious bodily harm or death. a. Notify Detective Zone Commanding Officer/Detective Bureau Duty Captain, if missing person meets the criteria for the activation of a Silver Alert. b. Request Detective Zone Commanding Officer/Detective Bureau Duty Captain respond to the scene. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-35 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 4 Only a captain or above from the Detective Bureau may activate a Silver Alert. A Silver Alert will NOT be activated unless the “vulnerable senior” is missing under circumstances indicating that the person is in imminent danger of serious bodily harm or death. A person’s status as a vulnerable senior alone is normally insufficient to justify a Silver Alert without additional factors that constitute imminent danger (e.g., severe weather, need for immediate medical attention, history of violent or reckless behavior, etc.). The Detective Zone Commanding Officer/Detective Bureau Duty Captain may activate a Silver Alert for a person under the age of sixty-five who is reported missing under circumstances indicating that the person is in imminent danger of serious bodily harm or death and where such missing person has dementia as a result of Alzheimer’s disease, or similar condition, if he/she reasonably believes a Silver Alert will be beneficial in locating the missing person. 6. DETECTIVE ZONE COMMANDING OFFICER/ DETECTIVE BUREAU DUTY 7. CAPTAIN 8. NOTE Confer with Precinct Detective Squad investigator/supervisor, patrol supervisor, commanding officer/duty captain, and other personnel on scene regarding the circumstances of the incident and determine if missing person is a “vulnerable senior” and missing under circumstances indicating that the person is in imminent danger of serious bodily harm or death. Notify Operations Unit and request the activation of a Silver Alert, if appropriate and provide the following information: a. Name, age, and detailed physical description (including clothing worn) of the missing person b. Location and time last seen c. Description of motor vehicle, if applicable d. Any type of prescribed medication missing requires, if applicable e. Probable destination of the missing, if known f. Probable method of transportation and route used, if known g. The action the public should take if they have information regarding the missing person (e.g., call 911, etc.). Direct Precinct Detective Squad member to: a. Notify Missing Persons Squad b. Prepare and submit a “Request for Media Attention” form to the Deputy Commissioner, Public Information along with a recent photograph, if available. There are no minimum time limits that must be observed before requesting the activation of a Silver Alert; however, local law requires a Silver Alert be issued within twenty-four hours of the determination that a “vulnerable senior” has been reported missing under circumstances indicating that he/she is in imminent danger of serious bodily harm or death. In most cases, barring exceptional circumstances, the most prudent approach would be to activate a Silver Alert AFTER patrol/field resources have been exhausted and the preliminary search and investigation have yielded negative results. The decision to activate a Silver Alert rests solely with the Detective Zone Commanding Officer/Detective Bureau Duty Captain. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-35 OPERATIONS UNIT PAGE: 08/01/13 9. 10. 11. 12. 13. 14. 15. NOTE REVISION NUMBER: 3 of 4 Notify Communications Section and have description of missing person disseminated over each Department radio division. Notify Transit Bureau Wheel (subways) and/or Traffic Control Division (buses), as appropriate, if missing may be traveling via public transportation. Notify Deputy Commissioner, Public Information that a Silver Alert has been activated. Notify Traffic Management Center and request a message regarding the Silver Alert be transmitted via Variable Message Signs if a vehicle description and plate number are available regarding the Silver Alert. Prepare and forward Alert Data based on information received from Detective Zone Commanding Officer/Detective Bureau Duty Captain to Office of Emergency Management (OEM) Watch Command. a. OEM Watch Command will draft a Public Alert and transmit the draft Public Alert to the Operations Unit for approval. Review and approve Public Alert prepared by OEM Watch Command. a. If a Public Alert is not approved, notify OEM Watch Command to modify alert and provide correct Alert Data. Notify and forward appropriate Public Alert information to Deputy Commissioner, Public Information, as appropriate. Once the Operations Unit approves the Public Alert, it is the responsibility of the OEM Watch Command to transmit the Public Alert to responding Department Operations Centers, 311, and NYC.gov for informational purposes. The Watch Command will then transmit the Public Alert to the public via Short Messaging System (SMS), email, and recorded phone message. WHEN A MISSING PERSON WHO IS THE SUBJECT OF A SILVER ALERT IS LOCATED: UNIFORMED MEMBER OF THE SERVICE 16. 17. 18. PATROL SUPERVISOR 19. 20. 21. Verify that person is the subject of a Silver Alert. Render reasonable aid to missing person and request ambulance or doctor, if necessary, as per P.G. 216-01, “Aided Cases – General Procedure.” Request patrol supervisor to respond. Respond to location and verify individual is in fact the subject of a Silver Alert. Notify desk officer and request appropriate Precinct Detective Squad and Missing Persons Squad be notified. Notify Operations Unit and request the cancellation of the Silver Alert. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-35 REVISION NUMBER: PAGE: 08/01/13 4 of 4 OPERATIONS UNIT 22. Notify the following that the subject of the Silver Alert has been located: a. OEM Watch Command b. Notify Deputy Commissioner, Public Information c. Traffic Management Center, if appropriate. ADDITIONAL DATA The Office of the Deputy Commissioner, Public Information is available twenty-four hours a day, seven days per week concerning cases NOT ELIGIBLE for Silver Alert or as needed by members of the service. The Office of the Deputy Commissioner, Public Information has the ability to simultaneously notify a variety of local and national media outlets in cases where the immediate assistance of or notification to the public is deemed necessary. Nothing in this procedure is meant to limit the use of the news media to broadcast information pertaining to appropriate missing persons cases that do not qualify for Silver Alert. RELATED PROCEDURES Missing Persons (P.G. 207-23) Aided Cases – General Procedure (P.G. 216-01) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-36 COMPLAINTS INVOLVING CELLULAR TELEPHONES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To ensure a proper investigation is conducted when a cellular telephone is reported stolen. DEFINITION IMEI NUMBER – International Mobile Equipment Identity Number. Each cellular telephone handset that utilizes GSM technology is assigned a unique serial number called the IMEI number. The IMEI number consists of either fifteen or sixteen digits. In the New York metropolitan area, T-Mobile, AT&T and Nextel/Boost Mobile use GSM technology. PROCEDURE When a person reports the theft of a cellular telephone, in addition to Department complaint reporting procedures, members of the service will: MEMBER OF THE SERVICE 1. 2. Interview complainant and obtain facts regarding the theft of the cellular telephone. Request response of patrol supervisor. PATROL SUPERVISOR 3. 4. Notify Detective Squad to respond to the scene. When the investigation by the Detective Squad at the scene has concluded, ensure complainant is brought to the Detective Squad, precinct of occurrence, to be interviewed by an investigator. INVESTIGATOR, DETECTIVE SQUAD, PRECINCT OF OCCURRENCE 5. Interview complainant in Detective Squad. a. Obtain facts regarding the cellular telephone theft b. Obtain stolen cellular telephone phone number, make, model and network company (e.g., T-Mobile, AT&T, Nextel/Boost Mobile, Verizon, Sprint) c. Determine if complainant is subscriber of the service for the stolen cellular telephone. If complainant is not the subscriber: (1) Obtain identity of the subscriber (2) Immediately contact the subscriber (3) Expeditiously conduct an in-person interview of the subscriber. If Network Company is T-Mobile, AT&T or Nextel/Boost Mobile, obtain International Mobile Equipment Identity (IMEI) number of the stolen cellular telephone by requesting the subscriber to IMMEDIATELY call in your presence T-Mobile Customer Service, AT&T Customer Service, or Nextel/Boost Mobile Customer Service. Request the subscriber to: a. Obtain the IMEI number from the customer service representative b. Report the cellular telephone stolen c. Request the customer service representative to determine if any phone calls were made after the theft occurred (1) If phone calls were made after the theft occurred, obtain any available information about the phone calls. 6. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-36 INVESTIGATOR, DETECTIVE SQUAD, PRECINCT OF OCCURRENCE (continued) REVISION NUMBER: PAGE: 08/01/13 7. 8. 9. 10. 11. 2 of 3 If Network Company is Verizon or Sprint, request the subscriber to IMMEDIATELY call in your presence Verizon Customer Service or Sprint Customer Service. Request the subscriber to: a. Report the cellular telephone stolen b. Request the customer service representative to determine if any phone calls were made after the theft occurred (1) If phone calls were made after the theft occurred, obtain any available information regarding the phone calls c. Request the Network Company to continue service to the stolen cellular phone for a reasonable time period (e.g., 72 hours) AT NO COST TO THE SUBSCRIBER in order to identify and apprehend the perpetrator(s) of the crime. Prepare OMNIFORM System COMPLAINT REPORT if cellular telephone was stolen during a robbery. a. If Network Company is T-Mobile, AT&T or Nextel/Boost Mobile, enter IMEI number in the “IMEI” section b. Enter telephone number, Network Company, make and model of the stolen cellular telephone in the “IMEI” section. Prepare an Enterprise Case Management System (ECMS) “Electronic Identification Program” DD-5. a. If Network Company is T-Mobile, AT&T or Nextel/Boost Mobile, enter IMEI number in the “Device Info” section b. Enter telephone number, Network Company, make and model of the stolen cellular telephone in the “Device Info” section. Obtain intelligence information regarding the stolen cellular telephone. a. If Network Company is T-Mobile, AT&T or Nextel/Boost Mobile, search IMEI number of the stolen cellular telephone in ECMS/OMNIFORM System using the “IMEI Search” function b. Search telephone number of the stolen cellular telephone in ECMS/ OMNIFORM System using “Full Text DD-5 Search” function c. Request Real Time Crime Center (RTCC) to perform a “Phone Finder” search for telephone number of the stolen cellular telephone. Prepare ECMS “Phone Subpoenas” DD-5 to request required telephone records. NOTE If the Detective Squad is not available to interview the complainant, the desk officer may designate an appropriate member of the service (e.g., field intelligence officer) to perform steps 5, 6, 7 and 10. MEMBER OF THE SERVICE ASSIGNED 12. Prepare COMPLAINT REPORT WORKSHEET (PD313-154A) if cellular telephone was not stolen during a robbery, or if cellular telephone was stolen during a robbery but there is no investigator available in the Detective Squad, precinct of occurrence, to prepare the OMNIFORM System COMPLAINT REPORT. a. Enter IMEI number in appropriate caption in the “Property” section if the Network Company is T-Mobile, AT&T or Nextel/Boost Mobile NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-36 PAGE: 08/01/13 b. MEMBER OF THE SERVICE ASSIGNED (continued) NOTE REVISION NUMBER: c.. 3 of 3 Enter telephone number, Network Company, make and model of the stolen cellular telephone in the “Details” section Refer all COMPLAINT REPORTS involving stolen cellular telephones to the Detective Squad, precinct of occurrence. If the cellular telephone was stolen during a robbery and there is no investigator available in the Detective Squad, precinct of occurrence, to prepare the OMNIFORM System COMPLAINT REPORT, the member of the service assigned will prepare the COMPLAINT REPORT under the supervision of the command desk officer. DESK OFFICER 13. 14. NOTE Direct command clerk to prepare OMNIFORM System COMPLAINT REPORT if COMPLAINT REPORT WORKSHEET was prepared by the member of the service assigned. a. If Network Company is T-Mobile, AT&T or Nextel/Boost Mobile, ensure IMEI number is entered in the “IMEI” section b. Ensure telephone number, Network Company, make and model of the stolen cellular telephone is entered in the “IMEI” section. Ensure the correct International Mobile Equipment Identity (IMEI) number is properly entered in the “IMEI” section of the OMNIFORM System. It is imperative that the correct IMEI number is properly entered in the “IMEI” section of the OMNIFORM System. 15. Ensure all COMPLAINT REPORTS involving stolen cellular telephones are referred to the Detective Squad, precinct of occurrence. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Preliminary Investigations of Complaints (Other than Vice Related or Narcotics Complaints) (P.G. 207-07) Lost or Stolen Property/Identity Theft (P.G. 207-12) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Complaints Procedure No: 207-37 OPERATIONAL GUIDELINES FOR PROCESSING COMPLAINTS/ARRESTS FOR GRAFFITI DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To establish procedural guidelines to be followed when processing complaints/arrests for graffiti. DEFINITION GRAFFITI OR TAGGING – the etching, painting, covering, or otherwise placing a mark upon public or private property, with the intent to damage such property. SCOPE In order to maximize the Department’s enforcement efforts in combating graffiti crimes, it is essential that all graffiti related information is properly recorded and documented by uniformed members of the service. Whenever a complaint or arrest report is prepared for a graffiti related incident, it is imperative that the graffiti “TAG” information is entered in the details section of the COMPLAINT REPORT WORKSHEET (PD313-152A) and/or the narrative section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). This information is crucial for monitoring and tracking graffiti recidivists. It is equally important to notify the Citywide Vandals Task Force whenever an arrest is effected for shoplifting that involves the theft of spray paint or paint markers. This information will allow the Citywide Vandals Task Force to monitor graffiti more effectively. PROCEDURE Whenever processing complaints/arrest for graffiti: UNIFORMED MEMBER OF THE SERVICE 1. 2. NOTE Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). a. When the “TAG” is discernible, list all details and include size, color descriptions, etc. (e.g. At time and place of occurrence, complainant observed the graffiti tag “ABC” written in blue and yellow spray paint on a space approximately 3’ X 5’ on a rolldown gate at location). b. Enter “TAG” into Nickname/Alias/Maiden Name box of COMPLAINT REPORT WORKSHEET and ON LINE BOOKING SYSTEM ARREST WORKSHEET. Notify the Citywide Vandals Task Force and provide “TAG” information in all graffiti complaint/arrest cases. a. Obtain e-mail address for forwarding of digital photographs, if applicable. In instances when the Citywide Vandals Task Force is closed, member concerned or designee will leave a voice mail message and notify the Citywide Vandals Task Force during their next business hours. When a “TAG” is illegible or cannot be deciphered, do not interpret as to what it may be. Misinformation will only serve to corrupt the citywide vandals database. An unreadable graffiti “TAG” must be recorded as such in the details of the report. This “negative” information can sometimes be beneficial to graffiti investigations. Members of the service are encouraged to contact the Citywide Vandals Task Force regarding any questions relating to graffiti, e.g., identifying a TAG or interpreting a TAG’s meaning, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-37 UNIFORMED MEMBER OF THE SERVICE (continued) PAGE: 08/01/13 3. 4. 5. NOTE REVISION NUMBER: 2 of 3 Photograph graffiti damage, if possible. (Utilize digital camera, if available. See steps 8 through 11) a. If Polaroid type photograph is taken, document on rear of photograph: (1) Date and time of incident (2) Complaint Report number (3) Arresting Officer name, shield, command and arrest number, if an arrest is made. (4) NYSID #, if available. Forward copy of complaint/arrest report to Citywide Vandals Task Force in next outgoing Department mail. a. Attach copies of photos taken, if applicable. Query Citywide Vandals Task Force database in all arrest cases to ascertain if subject has prior arrests/convictions for any graffiti related offenses. Conducting routine warrant checks of subjects in the database at the command level is encouraged as a means of discovering and apprehending graffiti offenders with active warrants who reside within the precinct of record. When an investigation during arrest processing reveals that a graffiti offender has prior arrests/convictions, or is a recidivist for any graffiti-related offense, ensure the prosecuting district attorney is apprised of the subject’s prior record. IF DIGITAL CAMERA IS AVAILABLE COMMANDING 6. OFFICER Ensure digital camera assigned to command is documented as per A.G. 32502, “Accounting for Department Property.” SPECIAL OPERATIONS LIEUTENANT 7. Ensure that: a. Uniformed member of the service has access to the Domestic Violence Office computer terminal to transfer digital graffiti photograph(s). b. Applicable Kodak software program is pre-loaded into the computer and, c. All graffiti photographs taken in conjunction with a complaint or arrest ONLY are promptly forwarded to the Citywide Vandals Task Force via e-mail. d. UMOS documents each e-mail of photographs in Telephone Message Log. NOTE It has been determined through the Management Information Systems Division (MISD) that currently only the domestic violence computer terminal in each command has the capability of e-mailing digital photographs through the Group Wise Network. UNIFORMED MEMBER OF THE SERVICE 8. 9. Connect Universal Serial Bus cable to both the digital camera’s and the computer’s Universal Port. Follow the instructions depicted on the computer screen which will appear after opening the Kodak software program. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 207-37 REVISION NUMBER: PAGE: 08/01/13 3 of 3 UNIFORMED MEMBER OF THE SERVICE (continued) 10. NOTE Each digital photo “TAG” forwarded must contain the information as outlined above. In instances where multiple perpetrators are involved, it is imperative to indicate which perpetrator is responsible for creating the “TAG” depicted in the photograph. MEMBER ASSIGNED, CITYWIDE VANDALS TASK FORCE 12. ADDITIONAL DATA Uniformed members of the service are reminded to use the appropriate subdivisions of the New York City Administrative Code 10-117 or the New York State Penal Law in Article 145 “Criminal Mischief and Related Offenses” in graffiti-related arrests. In circumstances where a Penal Law charge or NYC Administrative Code charge are both applicable, the UMOS will charge the appropriate Penal Law offense. 11. Forward digital photos (in conjunction with complaints or arrests only) to the Citywide Vandals Task Force. Provide the following information via e-mail, as applicable, with each photo, or photo series when forwarding to the Citywide Vandals Task Force: a. Date and time of incident b. Precinct of occurrence/arrest c. Exact building address where graffiti is located d. Exact location on or within building where graffiti is located e. Rank, name, tax number of Arresting Officer or UMOS documenting photographs f. Any associated ONLINE BOOKING SYSTEM ARREST and/or COMPLAINT REPORT numbers g. Pedigree information of defendant(s) Query the “On Line Booking and Complaint System” on a weekly basis to ensure graffiti related data is being properly disseminated to the Citywide Vandals Task Force in a timely fashion. Digital camera photographs may be utilized by commands to demonstrate progress in correcting graffiti conditions at Community Board Meetings, etc. (i.e. before and after pictures). RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Accounting for Department Property (A.G. 325-02) FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT WORKSHEET (PD313-152A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-01 LAW OF ARREST DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To specify the conditions under which a uniformed member of the service may make an arrest. PROCEDURE Arrest with warrant: 1. When the warrant is addressed to a uniformed member of the service or to the Department of which he is a member, and, a. Warrant issued by: (1) New York City Criminal Court, or (2) District court, or (3) Superior court judge sitting on lower criminal court. Arrest at anytime, and anywhere within the State, or b. Warrant issued by: (1) City court, or (2) Town court, or (3) Village court. Arrest at anytime within the county of court of issuance, or within adjoining county. 2. When delegated by a police officer to whom warrant is addressed and: a. Warrant may be legally executed as indicated above, and within arresting officer’s territorial jurisdiction, or b. The defendant is in a county other than one in which warrant is returnable. 3. Arrest without a warrant: a. For an offense when reasonable cause to believe offense committed in his presence, or b. For a crime (within presence or not) and reasonable cause exists that arrested person committed the crime. c. For a petty offense in his presence (violations and traffic infractions) and: (1) It is believed to have been committed within arresting officer’s geographical area of employment, and (2) The arrest is made in the county of occurrence or an adjoining county. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-01 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 In close pursuit cases relating to petty offenses or traffic infractions, a police officer may pursue to any part of the State and make an arrest or issue a summons, if authorized by law to do so in his own geographical area of employment. In close pursuit cases relating to crimes, police officer may pursue outside State to effect the arrest. RELATED PROCEDURE Arrest On A Warrant (P.G. 208-42) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-02 ARRESTS - REMOVAL TO DEPARTMENT FACILITY FOR PROCESSING DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To process arrests. SCOPE Uniformed members of the service who have effected an arrest will have the arrest verified by their supervisor, if available, prior to removing the prisoner to the appropriate authorized command/designated arrest facility which has jurisdiction over the arrest. The desk officer will be requested to verify any arrests which were not verified at the scene of arrest. DEFINITIONS ARREST - Taking a person into custody to answer for an offense. PICK-UP ARREST - An arrest for an offense or juvenile delinquency not previously reported. PREFERRED NAME - The name an arrestee prefers to be called based on their gender identity. This name may be different from the name on identification documents in the arrestee’s possession. PROCEDURE When a uniformed member of the service effects an arrest: ARRESTING OFFICER 1. 2. 3. 4. 5. 6. DESK OFFICER 7. 8. Inform prisoner of authority and cause, unless physical resistance, flight, or other factors render such procedure impractical. Handcuff prisoner with hands behind back. Remove prisoner to precinct of arrest/designated arrest facility and inform desk officer of charge(s). a. Juvenile delinquents/juvenile offenders will be taken to the location in the stationhouse SPECIFICALLY DESIGNATED as suitable for the interrogation of juveniles. b. Refer to the Command Reference Library for a list of locations approved for the interrogation of juveniles. Notify desk officer if force was used to effect the arrest. Immediately complete all captions on PRISONER PEDIGREE CARD (PD244-092) upon arrival at command and present to desk officer. a. Consistent with P.G. 203-10, “Public Contact – Prohibited Conduct,” subdivision “a” following step “1”, indicate Preferred Name, if any, on the PRISONER PEDIGREE CARD. Remain with prisoner at all times unless relieved by arrest processing officer. Have arresting officer complete all captions on PRISONER PEDIGREE CARD and immediately transpose the information from the CARD into the Command Log to initiate arrest process. a. File each CARD for EVERY prisoner by date and time of arrival at command. Enter in Command Log, Interrupted Patrol Log, and on ROLL CALL (PD406-144), if appropriate, the rank, name, shield number, and command of the arresting officer, assisting officer, if any, and the time of arrival at the stationhouse. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-02 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 9. (continued) 10. 11. 12. 13. 14. 2 of 3 Determine validity of the arrest. a. Comply with the provisions of P.G. 210-13, “Release of Prisoners” if arrest is NOT valid. Direct arresting officer to make a thorough search of the prisoner in your presence. Verify prisoner’s identity by satisfactory documentary proof, preferably government issued identification. Count prisoner’s funds, record the amount in the Command Log, and return funds to prisoner. a. Direct arresting officer to voucher currency in excess of $100 for safekeeping if prisoner is not eligible for a DESK APPEARANCE TICKET. b. Enter amount retained by prisoner and the PROPERTY CLERK INVOICE (PD521-141) number in Command Log. Direct arresting officer to remove prisoner to arrest processing area, or location in the stationhouse SPECIFICALLY DESIGNATED as suitable for the interrogation of juveniles. Direct arrest processing officer to assist arresting officer. 15. Comply with the provisions of P.G. 208-15, “Arrest Report Preparation at Stationhouse.” DESK OFFICER 16. Direct arresting officer to remain with prisoner at all times unless relieved by arrest processing officer. Ensure that arresting officer signs affidavit/supporting deposition, as appropriate, before resuming assignment or completing tour. ARRESTING OFFICER 17. ADDITIONAL DATA PRISONER SUPERVISION Desk officers will be held STRICTLY ACCOUNTABLE for prisoners while in the command and will ensure that the prisoner is guarded AT ALL TIMES by a uniformed member of the service. If a prisoner is placed in a cell alone because he/she threatens or fights with another prisoner(s), is causing disruption, or for any other reason, ensure that a member of the service will continue to monitor that prisoner closely. IRRATIONAL/VIOLENT ARRESTEE Whenever a person who is about to be arrested is acting irrationally or violently resists arrest, AND poses no immediate physical threat to himself or others, AND is in a confined area (e.g., detention cell, automobile, etc.), the uniformed member of the service on the scene will immediately request the response of the patrol supervisor and the Emergency Service Unit. The member will attempt to isolate and contain the suspect and will institute emotionally disturbed person procedures contained in P.G. 216-05, “Mentally Ill Or Emotionally Disturbed Persons.” If the confined area is an automobile, it will be rendered immobile by blocking it in with one or more RMPs. Once in police custody, the subject will be removed to a hospital for examination. This procedure will not apply in situations where the uniformed members of the service on the scene believe the subject to be armed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-02 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 PRISONER SUSPECTED OF INGESTING A NARCOTIC OR OTHER DANGEROUS SUBSTANCE When a uniformed member of the service observes or suspects that a prisoner has ingested a narcotic or other dangerous substance, the prisoner will be transported from the place of arrest DIRECTLY to the nearest hospital facility. The uniformed member of the service WILL PROMPTLY notify the communications section dispatcher and the patrol supervisor upon determination of possible ingestion, when transport to hospital is initiated, and upon arrival at the hospital. Emergency Medical Service (EMS) and hospital personnel will be informed of the quantity and type of substance ingested, if known. UNDER NO CIRCUMSTANCES will a prisoner who has ingested a narcotic or other dangerous substance be transported to the command for arrest processing prior to receiving medical treatment. FALSE PERSONATION When attempting to ascertain a prisoner’s identity, the uniformed member of the service concerned should inform the prisoner that knowingly misrepresenting his or her actual name, date of birth, or address to a police officer, with intent to prevent a police officer from ascertaining such information, is punishable as a crime. Prisoners who knowingly misrepresent their pedigree information should be charged under Penal Law section 190.23 (False Personation, B Misdemeanor). ARREST REPORT PEDIGREE For booking purposes, a member of the service shall write an arrestee’s name and gender at it appears on a driver’s license, permit, or non-driver photo identification. If the arrestee uses a Preferred Name, that name shall be listed in the: a. “Preferred name” section of the PRISONER PEDIGREE CARD b. Defendant’s name section of the Prisoner Movement Slip, prefaced by “Preferred Name:” c. “Nickname/Alias/Maiden Name” section of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), prefaced by “P-”. Consistent with P.G. 203-10, “Public Contact – Prohibited Conduct,” subdivision “a” following step “1”, regardless of whether the name on the arrestee’s identification coincides with the arrestee’s gender identity, the member of the service shall refer to the arrestee by the preferred name, if any, as requested. The member shall use the pronouns consistent with that name in addressing or referring to the arrestee. RELATED PROCEDURES Public Contact - Prohibited Conduct (P.G. 203-10) Arrests - General Processing (P.G. 208-03) Arrest Report Preparation at Stationhouse (P.G. 208-15) Hospitalized Prisoners - Arrests by Members of Other Police Agencies (P.G. 210-03) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Release of Prisoners (P.G. 210-13) FORMS AND REPORTS DESK APPEARANCE TICKET (COMPUTER FORM) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) PRISONER PEDIGREE CARD (PD244-092) ROLL CALL (PD406-144) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-03 ARRESTS - GENERAL PROCESSING DATE ISSUED: 10/24/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/24/13 1 of 13 DEFINITION PREFERRED NAME - The name an arrestee prefers to be called based on their gender identity. This name may be different from the name on identification documents in the arrestee’s possession. PROCEDURE After arrest has been effected and prisoner has been handcuffed: ARRESTING OFFICER 1. 2. DESK OFFICER 3. 4. Immediately field search/frisk prisoner and search adjacent vicinity for weapons, evidence, and/or contraband. Advise prisoners of rights before questioning in accordance with P.G. 208-09, “Rights of Persons Taken into Custody.” a. If a juvenile is taken into custody, notify the Real Time Crime Center Juvenile Desk (twenty-four hours a day/seven days a week), and parent/guardian immediately. b. Before questioning juvenile, Miranda warnings will be read to the juvenile utilizing MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS (PD244-1413). MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS should be read while the parent/guardian is present. The juvenile may be questioned if he/she waives the Miranda rights in the presence of the parent/guardian. The parent/guardian does not have to separately waive the Miranda rights; they only need to be advised of such rights. However, if the parent/guardian objects to the questioning or requests an attorney for the juvenile, no questioning should occur, even if the juvenile is willing to answer questions. c. Juveniles will not normally be arrested for truancy. If arrested on another charge, truancy (Educational Law section 3233) may be added as a second charge, if appropriate. In all cases, truants may be frisked or scanned with a metal detector. If safety dictates, truants may be handcuffed. Immediately determine if prisoner is a high escape risk. a. Make determination as to whether a particular prisoner presents a potential escape risk on a case-by-case basis. Factors that can be considered in making this determination include: (1) Seriousness of the offense charged, (2) Prisoner unwillingness to identify himself/herself, (3) Forcible resistance to arrest, (4) Threats of violence and/or escape threats directed at uniformed members of the service, (5) Known history of violence, weapons possession, or escape/attempted escape. b. Prisoners designated “high risk” will have two uniformed members of the service assigned to escort at all times. Have vehicle or other conveyance not required as evidence safeguarded, if appropriate. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-03 REVISION NUMBER: PAGE: 10/24/13 DESK OFFICER 5. (continued) 6. 7. 2 of 13 Question the arresting officer regarding: a. Use of force, if applicable b. Circumstances surrounding arrest, if prisoner is being charged with Criminal Possession of Marihuana in the Fifth Degree, and make a Command Log entry of results (see ADDITIONAL DATA under heading “ARRESTS FOR PUBLIC DISPLAY OF MARIHUANA”). Observe physical and mental condition of all prisoners entering command and include results in Command Log. a. Ensure that prisoners who appear to be ill, injured, or emotionally disturbed obtain appropriate medical/psychiatric attention. (See P.G. 210-04, “Prisoners Requiring Medical/Psychiatric Treatment”) b. Direct arresting officer to notify Health and Hospitals Corporation (HHC) police, or hospital security personnel if no HHC police are assigned to the hospital, whenever a prisoner is brought to their facility for medical treatment. c. Direct arresting officer to notify Health and Hospitals Corporation (HHC) police, or hospital security personnel if no HHC police are assigned to the hospital immediately, if a prisoner escapes from custody at the hospital. d. Have arresting officer request a secured location that can be used for treatment of prisoner, when available, from emergency room staff. Notify commanding officer/duty captain to verify the arrest, if the arrest is effected by an off-duty uniformed member of the service. a. If arrest is effected by a member of another police agency, that agency will be notified. COMMANDING 8. OFFICER / DUTY CAPTAIN 9. Respond to stationhouse and verify arrest made by off-duty uniformed member of the service. Have UNUSUAL OCCURRENCE REPORT (PD370-152) prepared with details of arrest made by off-duty uniformed member of the service. DESK OFFICER 10. Direct arresting officer to make a thorough search of the prisoner in your presence. a. Conduct all searches in accordance with P.G. 208-05, “Arrests – General Search Guidelines.” b. Once a strip search is authorized, (see P.G. 208-05, “Arrests – General Search Guidelines,” step “1”, subdivision “C”), the desk officer, precinct of occurrence/central booking supervisor will ensure that the following entries are made in Department records: (1) Command Log entry – including the basis for the strip search; rank, name, and command of supervisor authorizing the search; rank, name, and command of member of the service performing the search; name of prisoner(s); and, the results of the search, including negative results. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-03 REVISION NUMBER: PAGE: 10/24/13 (2) DESK OFFICER (continued) 11. 12. 3 of 13 The supervisor authorizing such a search will ensure the command and Command Log page number of the entry will be documented in the “Narrative” section of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244149) or the ARREST REPORT - SUPPLEMENT (PD244157). (3) Direct the arresting officer to prepare an ACTIVITY LOG (PD112-145) entry of the above information. Also, include on the Prisoner Movement Slip if prepared, the statement, “Strip Searched,” with the command and Command Log page number of the entry in the “Detention Alert” section of the form under the sub-caption, “Other.” Consistent with P.G. 203-10, “Public Contact – Prohibited Conduct”, subdivision “a” following step “1”, indicate Preferred Name, if any, on Prisoner Movement Slip. Direct arresting officer to inquire of prisoner whether a dependent adult/child is uncared for at prisoner’s residence. a. Enter results of inquiry in Command Log. b. Comply with P.G. 215-01, “Care of Dependent Child” if it is determined that dependent adult/child is alone in prisoner’s residence. Have the following property removed from prisoner: a. Unlawfully carried b. Required as evidence c. Lawfully carried, but dangerous to life or would facilitate escape d. Can be used to deface or damage property e. Personal, except clothing, if prisoner is intoxicated or unconscious f. Press Card issued by this Department (1) Forward card to Deputy Commissioner, Public Information, with report of facts. g. Auxiliary Police Shield, Civil Defense Shield/Identification Card (1) Forward to Auxiliary Police Section, with report of facts. h. Legally possessed prescription drugs (including methadone) (1) Invoice prescription drugs for safekeeping and place in Plastic Security Envelope in prisoner’s presence. Issue “Prisoner/Finder/Owner” copy of PROPERTY CLERK INVOICE (PD521-141) as a receipt to prisoner. (2) Prepare MEDICAL TREATMENT OF PRISONER (PD244-150) to alert detention facility personnel that prisoner may require a prescription drug. (3) Return prescription drugs to prisoner upon release, if prisoner is to be released on stationhouse bail, Desk Appearance Ticket, voided arrest, etc. If not, deliver to borough Property Clerk in normal manner. i. Handgun License (1) Forward license to the Commanding Officer, License Division and comply with P.G. 212-118, “Incidents NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-03 PAGE: 10/24/13 DESK OFFICER (continued) 13. 14. ARRESTING OFFICER REVISION NUMBER: 15. 16. 17. 18. 4 of 13 Involving Holders of Handgun Licenses or Rifle/Shotgun Permits” in regards to reporting the arrest of a handgun licensee to the License Division and the removal of firearms listed on the handgun license. j. Rifle/Shotgun Permit (1) Forward permit to the Commanding Officer, License Division and comply with P.G. 212-118, “Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits” in regards to reporting the arrest of a rifle/shotgun permit holder to the License Division and the removal of firearms registered under the permit. k. New York City Police Department retiree identification card or identification card of retired uniformed members of the service of the former New York City Housing Police Department or the New York City Transit Police Department. (1) Forward card to Assistant Commissioner, Employee Management Division, with report of facts. Give itemized receipt for property temporarily removed from the prisoner which is not to be held in police custody. Ask prisoner(s) if they want any personal property they possess to be vouchered for safekeeping, other than property removed under steps “12” and “13”. a. A Command Log entry must be made indicating either the prisoner refused or the PROPERTY CLERK INVOICE number for property safeguarded. Request the assistance of the detective squad if the prisoner is arrested for homicide, serious assault, robbery, burglary, grand larceny, or other serious or unusual crime. Prepare arrest related documents as provided by the arrest processing officer. a. Comply with any applicable provisions of P.G. 208-15, “Arrest Report Preparation at Stationhouse.” Provide complainant with prisoner’s name, charges, arresting officer’s name, precinct of occurrence, PROPERTY CLERK INVOICE number, if any, and the location of the appropriate court. Advise prisoner, sixteen years of age or older, of right to make three telephone calls without charge. a. One of the calls may be placed anywhere within the United States or Puerto Rico. The remaining calls may be placed anywhere within New York City. b. Phone calls will not be allowed or may be terminated at any time if the calls would compromise an ongoing investigation or prosecution, if the ends of justice may be otherwise defeated, or a dangerous condition may be created. c. Make telephone calls for the prisoner if the prisoner is incapacitated by alcohol and/or drugs. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-03 REVISION NUMBER: PAGE: 10/24/13 d. ARRESTING OFFICER (continued) 19. 20. 21. 22. 23. 5 of 13 Make telephone calls, or request other appropriate auxiliary aids (including the use of a qualified sign language interpreter or a Telecommunication Relay Service [TRS]) to assist the prisoner in making phone calls if the prisoner is unable to use a telephone due to speech or hearing impairment. Should the prisoner request to telephone an individual with a hearing or speech disability, dial “711” for the TRS operator and be instructed accordingly. Notify relatives or friends if the prisoner is under nineteen years of age, or is admitted to a hospital, or is apparently emotionally disturbed. Prepare a MISSING - UNIDENTIFIED PERSON REPORT (PD336151) and notify the precinct detective squad and the Missing Person Squad, if unable to make the above notification. a. If the notification is made after preparation of the MISSING UNIDENTIFIED PERSON REPORT, notify the detective squad and the Missing Person Squad. Comply with P.G. 214-07, “Cases for Legal Action Program,” if applicable, which ensures that all New York City Public Housing residents who are arrested pursuant to the execution of a search warrant where contraband is recovered or arrested for a designated crime committed on the grounds of any New York City Public Housing Development are targeted for possible eviction proceedings. Perform license check through FINEST, using the “DALL” format, on all defendants arrested for the following: a. Driving a stolen vehicle, or, b. Driving an auto with an altered vehicle identification number (VIN), or, c. Driving an auto with stolen plates. Deliver the following completed forms to the desk officer: a. ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). (1) Ensure that any graffiti tag and/or gang-related nickname is entered in the appropriate box, if applicable. (2) Indicate any preferred name used by prisoner in “Nickname/Alias/Maiden Name” section, prefaced by “P-”. b. COMPLAINT REPORT WORKSHEET (PD313-152A), if appropriate. (1) If the arrest is for a crime previously reported and recorded on a COMPLAINT REPORT, use the serial number assigned to the original COMPLAINT REPORT. (2) Follow P.G. 208-11, “Arrest Processing – ‘Livescan’ Fingerprinting and Palmprinting” immediately upon desk officer’s review and approval of COMPLAINT REPORT WORKSHEET. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-03 REVISION NUMBER: PAGE: 10/24/13 6 of 13 c. ARRESTING OFFICER (continued) 24. 25. DESK OFFICER 26. PROPERTY CLERK INVOICE WORKSHEET (PD521141A) for evidence or other property taken into police custody. (1) A separate WORKSHEET will be prepared for firearms, narcotics, or other property requiring analysis at the Police Laboratory. d. REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168), if required. e. DESK APPEARANCE TICKET INVESTIGATION (PD360081), if appropriate. f. JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET (PD277-151A), if appropriate. (1) One copy of typed report will be forwarded with the arrest documents and distribute the remaining copies to the precinct youth officer, Youth Services Section, and juvenile detention facility, if juvenile is detained. g. MEDICAL TREATMENT OF PRISONER, if prepared. (1) Prepare the form if the prisoner receives medical/psychiatric treatment, refuses treatment after claiming an injury or illness, already has previously treated prior injuries, is in apparent need of treatment, or may require prescribed medication. (2) If the prisoner is issued a DESK APPEARANCE TICKET, file the “Buff” copy of the MEDICAL TREATMENT OF PRISONER form in a folder maintained at the desk of the precinct of arrest/designated arrest facility and forward the remaining copies of the form to the borough court section concerned, in DAT ARREST PACKAGE (PD260-123). Prepare ARREST DOCUMENTATION CHECKLIST (PD240-010). a. Check appropriate box for each document/form delineated on the checklist. b. List individually all other documents/forms prepared. Deliver ARREST DOCUMENTATION CHECKLIST with the following items to the desk officer: a. Photocopies/snap-out copies of the documents and forms delineated on the CHECKLIST in every case in which they are prepared b. Photocopies of all other documents/forms prepared c. Photographs of evidence motor vehicles returned to owner (see P.G. 218-18, “Photographing Stolen Evidence Vehicles When an Arrest is Made”). Examine all documents/forms to ensure completeness and accuracy and sign all documents/forms as required. a. Review ARREST DOCUMENTATION CHECKLIST to ensure all documents and forms prepared in connection with the arrest are listed on the CHECKLIST and are available. b. Return CHECKLIST to arresting officer for delivery to the NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-03 REVISION NUMBER: PAGE: 10/24/13 DESK OFFICER (continued) 27. 28. 7 of 13 District Attorney or Corporation Counsel in the Complaint Room or deliver in accordance with borough guidelines. Ensure the arresting officer has complied with P.G. 214-07, “Cases for Legal Action Program,” if applicable. Ascertain that the following entries are made: a. Statement that a prisoner, charged with criminal possession of a controlled substance with intent to sell or unlawful sale of a controlled substance, is a seller, and indicate reasons for that conclusion in the narrative block of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET. b. Names, addresses, and telephone numbers of witnesses are entered on the COMPLAINT REPORT or the COMPLAINT FOLLOW-UP (PD313-081), if prepared. c. Statement on PROPERTY CLERK INVOICE that property (other than vehicle) is valuable, contains identifying marks, and that the Stolen Property Inquiry Section (SPIS) was notified, including the name and rank/title of the person at SPIS notified. d. Information concerning alarms transmitted or cancelled, with operator’s name entered on COMPLAINT REPORT and PROPERTY CLERK INVOICE, as required. State and police agency must be included if alarm is transmitted by other than a New York State agency. If no alarm is transmitted, state so. e. A hard copy of the FINEST screen containing the notification to S.P.I.S. is attached to the COMPLAINT REPORT, COMPLAINT FOLLOW-UP or PROPERTY CLERK INVOICE, whichever most accurately reflects the current status of a motor vehicle/boat/plate being reported stolen, recovered, etc. f. Enter details of notification in Command Log (name, address, relationship) when prisoner is of unsound mind, or under nineteen years of age, or is admitted to a hospital. g. Enter in Command Log information concerning release of prisoner to member of Highway District to conduct required tests. h. Enter chemical test results on ON-LINE BOOKING SYSTEM ARREST WORKSHEET under caption, “Narrative.” i. Enter any change in the custody of the prisoner in the Command Log and notify borough Court Section for computer entry of new prisoner location. j. Document any other pertinent facts in the Command Log, including serial numbers of any forms prepared regarding arrest. k. Notify Court Section supervisor for computer entry when prisoner is admitted to a hospital (see P.G. 210-02, “Hospitalized Prisoner”). (1) Record notification in Telephone Record. l. Ensure that all phone calls, up to a maximum of three, or refusal to make phone calls, are recorded on the ON-LINE BOOKING SYSTEM ARREST WORKSHEET and properly entered into Omniform. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-03 32. 33. 34. 35. 36. 37. BOROUGH COURT SECTION SUPERVISOR PAGE: 10/24/13 DESK OFFICER 29. (continued) 30. 31. ARRESTING OFFICER/ ESCORTING OFFICER REVISION NUMBER: 38. 39. 40. 8 of 13 Refer “FOA” cases (offenses not triable in New York City courts or violation of parole or probation) to detective squad. Direct that “Have Arrested Message” is transmitted, if required. Make notifications as required by P.G. 208-69, “Notifications in Certain Arrest Situations.” Request borough Court Section concerned to provide transportation only when large numbers of prisoners must be transported or unusual circumstances dictate use of a patrolwagon. Return the following forms to the arresting officer for delivery to the assistant district attorney in the Complaint Room or deliver in accordance with borough procedures. a. ON-LINE BOOKING SYSTEM ARREST WORKSHEET b. Fingerprint forms, if prepared c. Copy of DESK APPEARANCE TICKET INVESTIGATION, in every misdemeanor and violation case d. “ADA” copy of the PROPERTY CLERK INVOICE, if evidence has been invoiced e. SUPPORTING DEPOSITION (PD244-060), if prepared f. MEDICAL TREATMENT OF PRISONER form, if prepared g. JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET, if prepared. Make necessary entries in Command Log, Interrupted Patrol Log, and ROLL CALL, when required, indicating arresting officer’s time of departure to borough Court Section. Deliver prisoner to borough Court Section or lodging location designated by borough Court Section concerned. a. Inform borough Court Section supervisor if prisoner(s) was stripsearched, including reason for and results of the search. Present all forms relating to arrest to the borough Court Section supervisor. Comply with all directions of the borough Court Section supervisor. Examine all forms to verify completeness and accuracy. Forward a complete set of MEDICAL TREATMENT OF PRISONER form, if prepared, with arresting/escorting officer to Department of Corrections (see P.G. 210-04, “Prisoners Requiring Medical/Psychiatric Treatment”). a. Arresting/escorting officer will obtain receipted pink copy of the form and return it to the borough Court Section facility. Ensure that the computer-generated Prisoner Movement Slip has a notation in the Detention Alert section when a prisoner is violent, resists arrests, is emotionally disturbed, threatens, or attempts suicide. When a prisoner has been strip-searched, enter that fact under “Other,” in the Detention Alert section. Include the command and Command Log page number for reference. A notation indicating that the prisoner has been strip-searched will also be made on the PRISONER TRANSPORT NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-03 BOROUGH COURT SECTION SUPERVISOR (continued) REVISION NUMBER: PAGE: 10/24/13 41. DISPATCH (PD171-132) for notification to the desk officer, precinct of detention. Return the following arrest-related documents to command for filing in arrest folder: a. Arresting officer’s copy of the Court Complaint b. ON-LINE BOOKING SYSTEM ARREST WORKSHEET c. “Arresting Officer” copy of the PROPERTY CLERK INVOICE, if prepared. 43. Notify assistant district attorney drawing up the court complaint of all verbal and written statements made by the defendant, and any procedures used to assist a witness or complainant to identify the defendant. a. Record this notification in ACTIVITY LOG. Bring all related papers to each subsequent court appearances. PRECINCT YOUTH OFFICER 44. Follow up on arrests of youths under sixteen years of age. ADDITIONAL DATA OBSERVERS AT THE SCENE OF POLICE INCIDENTS ARRESTING OFFICER 42. 9 of 13 As a rule, when a police officer stops, detains, or arrests a person in a public area, persons who happen to be in or are attached to the area are naturally in position to and are allowed to observe the police officer’s actions. This right to observe is, of course, limited by reasons of safety to all concerned, and as long as there is no substantive violation of law. The following guidelines should be utilized by members of the service whenever the above situation exists: a. b. c. A person remaining in the vicinity of a stop or arrest shall not be subject to arrest for Obstructing Governmental Administration (Penal Law section 195.05), unless the officer has probable cause to believe the person(s) is obstructing governmental administration. None of the following constitutes probable cause for arrest or detention of an onlooker unless the safety of officers or other persons is directly endangered or the officer reasonably believes they are endangered or the law is otherwise violated: (1) Speech alone, even though crude and vulgar (2) Requesting and making notes of shield numbers or names of members of the service (3) Taking photographs, videotapes, or tape recordings (4) Remaining in the vicinity of the stop or arrest Whenever an onlooker is arrested or taken into custody, the arresting officer shall request the patrol supervisor to the scene, or if unavailable, report the action to the supervisor where the person is taken. This procedure is not intended in any manner to limit the authority of the police to establish police lines, e.g., crowd control at scenes of fires, demonstrations, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-03 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/24/13 10 of 13 ARRESTEE SURRENDERS AT LAW ENFORCEMENT FACILITY When a prisoner has surrendered at a law enforcement facility and is accompanied by an attorney, the uniformed member of the service may request authorization from the immediate supervisor not to use handcuffs, after the supervisor and the member have evaluated the following criteria: a. Potential threat to the officer, prisoner, and other persons b. Possibility of prisoner escaping. ARRESTS OF PERSONS WITH DISABILITIES If the prisoner appears to have a disability, which may affect mobility, speech, hearing, or mental ability, appropriate auxiliary aids to facilitate communication shall be used. In addition, a reasonable attempt shall be made to notify a relative or friend. All such attempts will be documented by the arresting or investigating uniformed member of the service. As soon as practicable, attempt to discern if person being arrested has a disability which may affect mobility, speech, hearing, or mental ability. Where possible, attempt to notify a family member or friend who may provide beneficial assistance regarding the prisoner’s background information, previous problems, pedigree data, etc. The arresting/investigating uniformed member of the service shall document all reasonable attempts to notify a relative or friend. ARRESTS OF JUVENILES Arresting officers must call the Juvenile Desk prior to beginning the arrest process to ensure that any intelligence regarding the juvenile is obtained before the decision whether to release the juvenile to a parent/guardian or adult relative is made. The Juvenile Desk has specialized databases that can provide vital background information on arrested/detained juveniles and those adults taking custody of a juvenile upon recognizance or release. In all cases in which a youth is arrested and charged with a violent felony, the precinct detective squad/BRAM will be directed to enhance the arrest. It will also be the responsibility of the precinct detective squad/BRAM to identify, locate, and apprehend any accomplices in gun-related cases or acts of youth violence and attempt to match them to other outstanding crimes. These units will also attempt to identify and apprehend those selling guns to minors. ARRESTS OF LIMITED ENGLISH PROFICIENT OR HEARING IMPAIRED PERSONS If the prisoner and/or the parents/guardians of a juvenile in custody appear to have difficulty understanding/communicating in English, the member of the service concerned should comply with P.G. 212-90, “Guidelines for Interaction with Limited English Proficient (LEP) Persons.” If the prisoner and/or the parents/guardians of a juvenile in custody appear to be hearing impaired, the member of the service concerned should comply with P.G. 212-104, “Interaction with Hearing Impaired Persons.” The use of a bilingual employee or the Language Initiative Program is the preferential method of interpretation when interacting with a prisoner. It is recommended that certified members of the Language Initiative Program be used for custodial interrogations. Appropriate Command Log entries will be made when interpretation services are utilized. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-03 ADDITIONAL DATA (continued) REVISION NUMBER: 10/24/13 PAGE: 11 of 13 ARRESTS FOR PUBLIC DISPLAY OF MARIHUANA To support a charge of Penal Law section 221.10(1), Criminal Possession of Marihuana in the Fifth Degree, the public display of marihuana must be an activity undertaken of the subject’s own volition in a public place. Thus, uniformed members of the service lawfully exercising their police powers during a stop may not charge the individual with Penal Law section 221.10(1) if the marihuana recovered was disclosed to public view at an officer’s direction. A “public place” is defined in Penal Law section 240.00 as “any place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds, and hallways, lobbies, and other portions or apartment houses and hotels not constituting rooms or apartments designed for actual residences. The desk officer in the facility where the arrest is being processed will question arresting officers on all Criminal Possession of Marihuana in the Fifth Degree arrests to determine if the arrest was made in conformance with Operations Order 49, series 2011, entitled, “Charging Standards for Possession of Marihuana in a Public Place Open to Public View” and make a Command Log entry of results. This questioning will occur regardless of the command of the officer making the arrest (e.g., patrol borough task force, Narcotics Division). In addition, the Quality Assurance Division will incorporate an inspection of Command Logs during the command audit cycle to ensure desk officers are making Command Log entries as required. AVAILABILITY OF PHOTO COPYING MACHINES To facilitate the duplicating of forms required in step “27”, commanding officers will make photo copying machines accessible to arresting officers at all times. In those instances where snap-out forms have the District Attorney or Corporation Counsel as a recipient of a copy of that form, a photocopy is not necessary. The District Attorney/Corporation Counsel copy of the form will be delivered to the desk officer. In arrests involving multiple COMPLAINT REPORTS or AIDED REPORT WORKSHEETS, a copy of each report will be required. Separate forms with identical information are not required for multiple arrests with a single complainant or a single AIDED REPORT WORKSHEET. UNDER NO CIRCUMSTANCES WILL ARREST PROCESSING BE UNNECESSARILY DELAYED TO OBTAIN THE DOCUMENTS REQUIRED UNDER STEP “27”. ARREST REPORT PEDIGREE For booking purposes, a member of the service shall write an arrestee’s name and gender at it appears on a driver’s license, permit, or non-driver photo identification. If the arrestee uses a Preferred Name, that name shall be listed in the: a. b. c. “Preferred Name” section of the PRISONER PEDIGREE CARD (PD244-092) Next to defendant’s name on the Prisoner Movement Slip, prefaced by “Preferred Name:” “Nickname/Alias/Maiden Name” section of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET, prefaced by “P-”. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-03 DATE EFFECTIVE: 10/24/13 REVISION NUMBER: PAGE: 12 of 13 Consistent with P.G. 203-10, “Public Contact – Prohibited Conduct”, subdivision “a” following step “1”, regardless of whether the name on the arrestee’s identification coincides with the arrestee’s gender identity, the member of the service shall refer to the arrestee by the preferred name, if any, as requested. The member shall use the pronouns consistent with that name in addressing or referring to the arrestee. ADDITIONAL DATA (continued) ARRESTS BY DEPARTMENT OF ENVIRONMENTAL PROTECTION POLICE When assisting a Department of Environmental Protection (DEP) police officer during arrest processing, arrest processing officers and desk officers will continue to be guided by the following Patrol Guide provisions: P.G. 208-02, “Arrests - Removal to Department Facility for Processing”, P.G. 208-03, “Arrests - General Processing”, P.G. 208-15, “Arrest Report Preparation at Stationhouse” and P.G. 210-03, “Hospitalized Prisoners - Arrests by Members of Other Police Agencies.” DEP police personnel will normally be responsible for transporting their own officers and prisoners to the borough Court Section. However, when circumstances permit, the desk officer may direct precinct personnel responding to the borough Court Section facility to also transport the DEP police officer and his/her prisoner. In all other cases, the DEP arresting officer will report to the Complaint Room for affidavit preparation. RELATED PROCEDURES Public Contact - Prohibited Conduct (P.G. 203-10) Arrests - Removal to Department Facility for Processing (P.G. 208-02) Rights of Persons Taken into Custody (P.G. 208-09) Arrest Processing - “Livescan” Fingerprinting and Palmprinting (P.G. 208-11) Arrest - General Search Guidelines (P.G. 208-05) Arrests - Security Measures (P.G. 208-06) Arrest Report Preparation at Stationhouse (P.G. 208-15) Arrests – License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk (P.G. 208-21) Notifications in Certain Arrest Situations (P.G. 208-69) Hospitalized Prisoners (P.G. 210-02) Prisoner Requiring Medical/Psychiatric Treatment (P.G. 210-04) Guidelines for Interaction with Limited English Proficient (LEP) Persons (P.G. 212-90) Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits (P.G. 212-118) Interaction with Hearing Impaired Persons (P.G. 212-104) Cases for Legal Action Program (P.G. 214-07) Care of Dependent Child (P.G. 215-01) Utilization of the Juvenile Desk (P.G. 215-21) Photographing Stolen Evidence Vehicles when an Arrest is Made (P.G. 218-18) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ARREST REPORT - SUPPLEMENT (PD244-157) ARREST DOCUMENTATION CHECKLIST (PD240-010) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT WORKSHEET (PD313-152A) DAT ARREST PACKAGE (PD260-123) DESK APPEARANCE TICKET INVESTIGATION (PD360-081) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE WORKSHEET (PD277-151A) MEDICAL TREATMENT OF PRISONER (PD244-150) NEW YORK CITY POLICE DEPARTMENT REPORT PATROL GUIDE PROCEDURE NUMBER: 208-03 FORMS AND REPORTS (continued) DATE EFFECTIVE: 10/24/13 REVISION NUMBER: PAGE: 13 of 13 MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS (PD244-1413) MISSING – UNIDENTIFIED PERSON REPORT (PD336-151) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PRISONER PEDIGREE CARD (PD244-092) PRISONER TRANSPORT DISPATCH (PD171-132) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) SUPPORTING DEPOSITION (PD244-060) UNUSUAL OCCURRENCE REPORT (PD370-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-04 ARREST BY A CIVILIAN DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PURPOSE To assist a citizen in making a lawful arrest. PROCEDURE On being informed by a civilian that he has made an arrest: UNIFORMED MEMBER OF THE SERVICE 1. 2. DESK OFFICER 3. 4. 5. 6. PAGE: 08/01/13 1 of 1 Determine if there is reasonable cause to believe that person arrested committed the offense in question or any related offense and if civilian has authority to make arrest. Accompany civilian and prisoner to stationhouse. Determine validity of arrest. a. If arrest not lawful, follow “Release of Prisoners” procedure. Assign a uniformed member of the service to process the arrest and comply with appropriate arrest procedures. Direct that civilian be recorded as having made arrest. Ascertain if member can complete arrest process within scheduled tour. a. Direct member to continue processing arrest and request relief prior to end of tour, if member cannot complete arrest processing. UNIFORMED MEMBER OF THE SERVICE 7. 8. Prepare all necessary arrest documents and forward to relieving officer. Inform relieving officer of details concerning arrest. RELIEVING OFFICER 9. Enter information received concerning details of arrest in ACTIVITY LOG (PD112-145). NOTE Information should be sufficiently detailed to enable the relieving officer to apprise the Assistant District Attorney assigned to the Complaint Room of the facts of the case. 10. ADDITIONAL DATA Ensure that civilian complainant appears in court, if required. All pertinent provisions of Department orders applicable to arresting officers shall apply to assigned members. When a uniformed member of the service believes that an arrest effected by a civilian member of the Traffic Enforcement Division is unwarranted, the member will request the patrol supervisor to respond to the scene. If that is not possible, escort all parties to stationhouse for final determination. RELATED PROCEDURES Arrest Report Preparation At Stationhouse (P.G. 208-15) Release Of Prisoners-General Procedure (P.G. 210-13) Arraignment Without Complainant (P.G. 211-03) FORMS AND REPORTS ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-05 ARRESTS - GENERAL SEARCH GUIDELINES DATE ISSUED: 08/01/13 ARRESTING OFFICER 1. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 Comply with the provisions of P.G. 208-02, “Arrests-Removal to Department Facility for Processing,” P.G. 208-03, “Arrests-General Processing,” P.G. 208-15, “Arrest Report Preparation at Stationhouse” and the following: SEARCH OF ARRESTED PERSONS To maximize security and minimize potential hazards to the arresting officer, the arrested person, and other Department personnel, the following guidelines are published for the information of all members of the service: A. FRISK/FIELD SEARCH (1) A frisk, performed primarily to ensure the personal safety of the arresting officer, is a methodical external body examination of the arrested person conducted immediately after apprehension to find weapons, evidence, or contraband. The frisk should be conducted before or immediately after the subject is rear handcuffed, depending upon particular circumstances, temperament of the subject, and escape potential. A thorough external body examination is made by sliding the hand over the subject’s body, feeling for weapons or other objects, with special attention to the waistband, armpit, collar, and groin areas. If an unusual object is detected, the officer will reach into or under the clothing to remove it. B. SEARCH AT POLICE FACILITY (1) Upon arrival at precinct of arrest or other Department facility, the arresting officer (if he/she is of the same gender as prisoner) or another designated member of the same gender as the prisoner, shall conduct a thorough search of the prisoner’s person and clothing to ensure the safety of all persons within the facility and to remove weapons, contraband, and evidence not discovered by the frisk. Other items lawfully carried but that are dangerous to life, may facilitate escape, or may be used to damage Department property will also be removed from the subject. (2) A search at a police facility, which is not the same as a “strip search,” includes the removal of outer garments such as overcoats, jackets, sweaters, vests, hats, wigs, ties, belts, shoes and socks, handbags, and wallets. All pockets are to be emptied and all clothing not removed will be examined by grabbing, crushing, and squeezing the garments and by sliding the hands across the body to detect articles that may be underneath or sewn to the clothing. (3) In order to achieve a balance between the privacy and personal dignity concerns of arrestees, the desk officer or supervisor supervising a search at a police facility shall assign a uniformed member to conduct the search as follows: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-05 a. b. 2 of 4 In situations where an arrestee’s gender is not immediately apparent or an arrestee objects to the gender of the member assigned to perform the search, the desk officer or supervisor supervising the search will assign a uniformed member of the gender requested by the arrestee, consistent with officer safety and resource availability. Consistent with the privacy concerns of the arrestee, only those officers reasonably necessary to conduct the search should be present for the search. Under no circumstances shall members of the service conduct searches for the purpose of determining gender. Additionally, officers shall not ask questions about an arrestee’s anatomy without a reasonable basis for doing so. Refer to P.G. 203-10, “Public Contact – Prohibited Conduct.” In the event the gender of the officer assigned to conduct the search differs from the gender requested by the arrestee, the desk officer or supervisor supervising the search shall make a detailed entry in the Command Log regarding the factors considered in assigning member(s) to conduct the search and identities of the uniformed member(s) who actually conducts the search. C. NOTE PAGE: 08/01/13 ARRESTING OFFICER (continued) NOTE REVISION NUMBER: STRIP SEARCH (1) A strip search is any search in which an individual’s undergarments (e.g., bra, underwear, etc.) and/or private areas are exposed or in which an individual’s clothing is removed, lifted up, or pulled down to expose undergarments or private areas. A strip search of a prisoner may not be conducted routinely in connection with an arrest. Strip searches may only be conducted with the knowledge and approval of the arresting officer’s immediate supervisor or the borough Court Section supervisor. A strip search may only be conducted when the arresting officer reasonably suspects that weapons, contraband, or evidence may be concealed upon the person or in the clothing in such a manner that they may not be discovered by the previous search methods. If a strip search is conducted, such information will be entered in the Command Log, arresting officer’s ACTIVITY LOG (PD112-145), and also documented on the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) or the ARREST REPORT SUPPLEMENT (PD244-157). A subsequent strip search will not be conducted unless there is reasonable belief that the subject has acquired a weapon or contraband. (2) The arresting officer requesting authorization to conduct a strip search must describe the factual basis for the request to the officer’s immediate supervisor/borough Court Section supervisor. A supervisor will authorize a strip search only when an arresting officer has articulated a reasonable suspicion that the individual is concealing evidence, NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-05 (3) 3 of 4 contraband, or a weapon. Note, this is a different standard than the probable cause required for the arrest. The immediate supervisor of the arresting officer/borough Court Section supervisor, based on the facts presented, will determine if a strip search should be conducted. The supervisor authorizing the strip search is responsible for ensuring the search is conducted properly. Other factors that should be considered in determining whether an appropriate basis exists for a strip search include the nature of the crime (i.e., serious violent felony), arrest circumstances, subject’s reputation (i.e., extremely violent person), acts of violence, unaccounted “hits” on magnetometers or walk-through metal detectors, and any discoveries or information from previous searches of the same individual or others arrested with him/her. In cases where there is a disagreement between the desk officer and an arresting officer’s immediate supervisor from an outside command as to whether or not to conduct the strip search, the desk officer will notify the precinct/police service area/transit district commanding officer or duty captain. The precinct/police service area/transit district commanding officer or duty captain will make the final decision whether or not to conduct the strip search. (4) NOTE PAGE: 08/01/13 ARRESTING OFFICER (continued) NOTE REVISION NUMBER: A strip search shall be conducted only by a member of the same gender as the arrested person, in a secure area, in utmost privacy, and in the presence of only those members of the service reasonably necessary to conduct the search. In order to achieve a balance between the privacy and personal dignity concerns of arrestees, the desk officer or supervisor supervising a strip search shall assign a uniformed member to conduct the search as follows: a. In situations where an arrestee’s gender is not immediately apparent or an arrestee objects to the gender of the member assigned to perform the search, the desk officer or supervisor supervising the search will assign a uniformed member of the gender requested by the arrestee, consistent with officer safety and resource availability. b. Under no circumstances shall members of the service conduct searches for the purpose of determining gender. Additionally, officers shall not ask questions about an arrestee’s anatomy without a reasonable basis for doing so. Refer to P.G. 203-10, “Public Contact – Prohibited Conduct.” In the event the gender of the officer assigned to conduct the search differs from the gender requested by the arrestee, the desk officer or supervisor supervising the search shall make a detailed entry in the Command Log regarding the factors considered in assigning member(s) to conduct the search and identities of the uniformed member(s) who actually conducts the search. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-05 REVISION NUMBER: PAGE: 08/01/13 ARRESTING OFFICER (continued) (5) 4 of 4 It should not be necessary to touch the subject’s body, except for the examination of the hair. UNDER NO CONDITIONS SHALL A BODY CAVITY SEARCH BE CONDUCTED BY ANY MEMBER OF THE SERVICE. If pursuant to a strip search, any object or foreign material is visually detected within any body cavity of the suspect, the desk officer will be notified immediately. The object WILL NOT be removed without first obtaining a search warrant. Once the search warrant is obtained, members of the service must seek the assistance of a medical professional in order to remove the object. A strip search will not be conducted after a decision is made to void an arrest or to release the prisoner immediately upon issuance of a summons. RELATED PROCEDURES Public Contact - Prohibited Conduct (P.G. 203-10) Arrests - Removal to Department Facility for Processing (P.G. 208-02) Arrests - General Processing (P.G. 208-03) Arrests - Security Measures (P.G. 208-06) Arrest Report Preparation at Stationhouse (P.G. 208-15) Arrests - License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk (P.G. 208-21) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ARREST REPORT - SUPPLEMENT (PD244-157) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-06 ARRESTS - SECURITY MEASURES DATE ISSUED: 08/01/13 ARRESTING OFFICER 1. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 6 Comply with the provisions of P.G. 208-02, “Arrests-Removal To Department Facility For Processing”, P.G. 208-03, “Arrests-General Processing”, P.G. 208-15, “Arrest Report Preparation At Stationhouse”, and the following: TRANSPORTING PRISONERS IN DEPARTMENT VEHICLES ARRESTING/ ESCORTING OFFICER When a prisoner is transported in a Department vehicle, the prisoner will be rear handcuffed, placed in the rear seat and secured with a seat belt on. Seat belts will be used to secure prisoners, when practical, in non-emergency situations. In Department vehicles equipped with a fiberglass partition, both the operator and recorder will ride in the front seat. If the Department vehicle is not equipped with a fiberglass partition, the recorder will ride in the rear seat, directly behind the operator, with the prisoner seated on the passenger side of the vehicle. Transporting members will ensure that: a. The handcuffs are double locked. b. The prisoner is placed in a position in the rear seat to allow the recorder to visually monitor the prisoner during transport. c. The rear compartment of Department vehicle is examined before and after prisoner transport. d. All personal property (e.g., flashlights, batons, briefcases, etc.) is removed prior to placing the prisoner inside the Department vehicle. e. When the seat belt is being secured on the prisoner by a member, the other member will remain on the opposite side of the RMP with the rear door open to be tactically able to assist in the event of an unforeseen occurrence. Prisoners will be transported in an RMP equipped with a safety partition whenever available. In all cases, prisoner(s) will be kept under observation at all times and both the operator and recorder will be physically present at the embarkment/disembarkment point of the vehicle to supervise prisoner entry and exit. NOTE Whenever it is necessary to transport/secure prisoners in a marked or unmarked RMP and the vehicle has child safety locks on the rear door, these locks will be engaged. Most passenger vehicles are equipped with child safety locks which, when engaged, will prevent the opening of the rear door from the inside of the vehicle. The child safety locks are engaged through the operation of a switch located in the door jamb area of each rear door. On Ford Crown Victoria vehicles, the switch must be slid to the “Lock On” position. On Chevrolet Impala vehicles, a key or similar device must be inserted into an opening in the door jamb to move the switch upward. For further clarification or for directions for other passenger vehicles, the respective owner’s manual should be reviewed. It is important to note that when child safety locks are NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-06 NOTE (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 6 engaged, the doors are operable only from the outside; however, a passenger can reach outside the vehicle through an open window and operate the door. It is further recommended that the child safety locks be disengaged when transporting members of the service. TRANSPORTING PRISONERS IN TWELVE PASSENGER VANS ARRESTING/ ESCORTING OFFICER The transportation of prisoners in a twelve passenger van or similar vehicle will be avoided whenever a RMP with a safety partition is available. When it is necessary to utilize a twelve passenger van to transport prisoner(s), the prisoner(s) will be rear handcuffed with handcuffs double locked. The prisoner(s) will be secured on the second bench seat utilizing the seatbelts. The recorder will ride on the 1st bench seat. Normally, no more than three prisoners should be transported at one time (see ADDITIONAL DATA graphic for Seating Plan.) Select twelve passenger vans are equipped with an electric rear door lock. This lock will be engaged when prisoners are secured in the vehicle. When it is necessary to utilize a twelve passenger van to transport more than three prisoners, e.g. transporting prisoners from a precinct to court, in addition to the procedures outlined above, leg restraints will be utilized, if available. When members of the service are utilizing leg restraints, the use of transport chains may not be necessary and will not be mandated as in Patrol Guide procedure 210-01, “Prisoners General Procedure.” If transport chains are not utilized, prisoners will be rear handcuffed and handcuffs double locked. No more than seven prisoners will be transported in this manner and the prisoners will be secured on the 2nd and 3rd bench seats. The recorder and additional escort officer(s), if assigned, will ride in the 1st bench seat (see ADDITIONAL DATA graphic for Seating Plan.) When utilizing a twelve passenger van to transport/secure prisoners during SNEU operations, or any other operation where the prisoner(s) may spend protracted periods of time in the van, all of the above security devices will be utilized, i.e. handcuffs, leg restraints, door locks, seatbelts, etc., when available. Prisoners should not be kept in vans for excessive periods of time. In all cases, the prisoner(s) will be kept under observation at all times and both the operator and recorder will be physically present at the embarkment/disembarkment point of the vehicle to supervise prisoner entry and exit. Whenever prisoners wearing leg restraints are being transported in twelve passenger vans, members of the service will take care to ensure that the prisoners enter and exit the van safely. Because of the height of the vans, and the fact that prisoners wearing leg restraints will generally be rear handcuffed and may have greater difficulty in breaking their fall should they slip, officers will assist prisoners into and out of the vans. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-06 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 6 DELIVERING PRISONERS TO DETENTION FACILITY OR PRE-ARRAIGNMENT ARRESTING/ ESCORTING OFFICER Arresting/escorting officers shall notify attendants or Correction Department personnel if prisoner(s) offered resistance, exhibited other threatening or dangerous behavior, attempted suicide or escape. Such notification and behavior will be recorded in the member’s ACTIVITY LOG (PD112-145) and noted on the Prisoner Movement Slip, in the “Detention Alert” section. Leg restraints MUST be used when transporting a prisoner that has refused to be fingerprinted and for ALL prisoners being transported to a hospital for medical treatment. If the desk officer determines that extenuating circumstances exist that preclude placing leg restraints on a prisoner that has refused to be fingerprinted or is being transported to a hospital for medical treatment, a Command Log entry will be made detailing the reason why. The use of leg restraints does not replace the requirement to rear handcuff the prisoner. All procedures detailing the use of handcuffs remain in effect. When using leg restraints on a prisoner, the escorting officer is to exercise caution to prevent the prisoner from falling. Whenever an arresting officer/investigator becomes aware of the need to separate two or more defendants from one another due to threats made by one defendant to another, or due to the potential for one defendant to assault another, a notation will be made at the bottom of each defendant’s Prisoner Movement Slip in the “Detention Alert” section under the caption “Other (Explain).” The notation must contain the name and arrest number of the other defendant involved, as well as an indication as to why separation is deemed necessary (e.g., prisoner had a fight with the other prisoner; prisoner was threatened by other prisoner, etc.). If separation is required for confidential or sensitive reasons, such as one prisoner testified against another, enter the name and telephone number of the arresting officer/investigator so that further information can be obtained if necessary, rather than entering the actual reason for the separation. (If detention personnel are unable to contact the arresting officer/investigator for further information, they will continue to keep the affected prisoners separated from one another). In the event that an arrest processing officer or escorting officer becomes aware that a conflict exists between prisoners requiring their separation, the officer must: a. Inform the arresting officer/investigator of the circumstances in order that the latter may make entries on the Prisoner Movement Slips, OR b. Personally make entries on the Prisoner Movement Slips which should then be brought to the attention of the Court Section personnel for entry on the courthouse generated movement slips. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-06 ARRESTING/ ESCORTING OFFICER (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 6 The information entered on the Prisoner Movement Slip prepared at the precinct must also be entered on the computerized movement slip generated at the courthouse when the prisoner is photographed. In addition to the notation on the movement slip, the arresting officer/investigator/escorting officer will notify the concerned borough court section supervisor. Members of the service assigned to prisoner detention functions at the precinct and at the courthouse must examine and be guided by the information contained in the “Detention Alert” caption on each Prisoner Movement Slip regarding separating prisoners, etc. Department policy prohibits the carrying of firearms within detention facilities. Therefore, when delivering prisoners for pre-arraignment processing, arresting/ transporting officers must: a. Respond to the appropriate borough court section intake area with required arrest related documents, and enter with prisoner(s) to be processed. b. Upon entering facility, immediately secure firearms in designated Department locker as directed by assigned Department personnel. c. Upon completion of police duties within the detention facility, the uniformed member will retrieve the firearm from the location where it was secured prior to leaving the facility. When delivering prisoners to the Manhattan Court Section at the rear of 100 Centre Street, uniformed members of the service are to secure their firearms in the Department of Correction security booth located in the intake sally port area. The court section locations are as follows: MANHATTAN COURT SECTION - Rear of 100 Centre Street (at Baxter Street) MIDTOWN COMMUNITY COURT – 314 West 54th Street (Midtown North Pct.) BROOKLYN COURT SECTION - Rear of 120 Schermerhorn Street (State St.) QUEENS COURT SECTION - 125-01 Queens Boulevard BRONX COURT SECTION - 215 East 161st Street STATEN ISLAND COURT SECTION - 78 Richmond Terrace (120th Pct. 2nd Fl.) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-06 ARRESTING/ ESCORTING OFFICER (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 6 Uniformed members of the service at the scene of an incident at which a prisoner is acting in a deranged, erratic manner apparently caused by a drug overdose, i.e., cocaine psychosis, angel dust, heroin overdose, etc., will request the response of the supervisor on patrol, if an ambulance is not immediately available. The supervisor will determine if prisoner should be removed to the appropriate hospital by utilizing a Department vehicle or await the arrival of an ambulance. The prisoner is not to be brought to a police facility. Cocaine induced psychosis or other illegal drug usage may cause violent behavior which may be a means of self-defense against imagined persecutors. In addition to paranoia, the individual may experience visual, auditory, or tactile (e.g., bugs crawling under the skin, etc.), hallucinations, high body temperature and seizures. Since sudden death may ensue, uniformed members of the service are reminded to have such person brought to an appropriate hospital facility and NOT TO A POLICE FACILITY. Absent unusual circumstances, and when an unoccupied detention cell is available, prisoners who are being processed and require the use of toilet facilities will utilize those located within precinct detention cells. Detention cell facilities chosen must be fully operational (e.g., toilets, alarm and cell lock in working condition). Prisoners will be escorted by a uniformed member of the service of the same sex. All Department directives relative to prisoner security guidelines remain in effect. ADDITIONAL DATA Seating Plan Up to 3 Prisoners Side Door * Rear door must be locked to ensure prisoners do not escape. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-06 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 6 Seating Plan Up to 7 Prisoners Side Door * Maximum transport of prisoners is 7 prisoners for 12 passenger vans. * Rear door must be locked to ensure prisoners do not escape. * Assign additional escort officer as necessary. FORMS AND REPORTS ACTIVITY LOG (PD112-145) RELATED PROCEDURES Arrests - Removal to Department Facility for Processing (P.G. 208-02) Arrests - General Processing (P.G.208-03) Arrest - General Search Guidelines (P.G. 208-05) Arrest Report Preparation at Stationhouse (P.G. 208-15) Arrests - License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk (P.G. 208-21) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-07 PHOTOGRAPHABLE OFFENSES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To obtain official Department photographs of persons arrested for felonies and certain misdemeanors. PROCEDURE Follow normal arrest procedure and, in addition: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Photographs are no longer required for criminal possession of a weapon in the fourth degree if the weapon is NOT a firearm. Have photographs taken of persons arrested when such persons are charged with any felony, including “juvenile offenders” as defined in the Penal Law, Section 10, sub. 18, or any of the following misdemeanors: a. Criminal possession of a weapon, 4th degree, firearm only, (Section 265.01, Penal Law) b. c. d. e. f. g. h. i. j. k. l. m. n. ADDITIONAL DATA Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances (Section 265.10, Penal Law) Prohibited use of weapons (Section 265.35, Penal Law, sub. 1 and 3) Jostling (165.25, Penal Law) Fraudulent accosting (Section 165.30, Penal Law) except if specifically charged with operating a “Three Card Monte” game Sexual abuse, 2nd degree (Section 130.60, Penal Law) Criminal impersonation, 2nd degree (Section 190.25, Penal Law, sub. 3) Promoting prostitution, 4th degree (Section 230.20, Penal Law) Loitering for the purpose of promoting prostitution (Section 240.37, Penal Law, sub. 3) Prostitution (Section 230.00, Penal Law) Patronizing a prostitute, 3rd degree (Section 230.04, Penal Law) Patronizing a prostitute, 4th degree (Section 230.03, Penal Law) Trademark counterfeiting, 3rd degree (Section 165.71, Penal Law) Arson, 5th degree (Section 150.01, Penal Law). An official Department photograph is taken by a member of the Photo Unit for any felony or selected misdemeanor above. In addition, official Department photographs will continue to be taken of adults arrested for Making Graffiti and Possession of Graffiti Instruments when such persons do not qualify for a Desk Appearance Ticket. A photograph taken at a Department facility is for identification purposes only and does not satisfy the requirements of this procedure. A hospitalized prisoner who is charged with a photographable misdemeanor may be issued a Desk Appearance Ticket, if eligible, and criminal photographs will NOT be taken. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-08 FINGERPRINTABLE AND PALMPRINTABLE OFFENSES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To establish positive identification of persons arrested and provide arraignment court with prior criminal record. PROCEDURE Follow normal arrest procedure and: ARRESTING OFFICER/ ARREST PROCESSING OFFICER 1. NOTE School grounds consist of any building or property within the property line of a public, private or parochial school from elementary up to and including high school or within a thousand feet of the property line of such school (Penal Law Section 220.00, subdivision 14). Fingerprint and palmprint person arrested utilizing Livescan as indicated below: a. Adult prisoners if charged with: (1) Felony (2) Misdemeanor as defined in Penal Law (3) Misdemeanor defined outside the Penal Law which would constitute a felony if such person was previously convicted of a crime (4) Loitering for purpose of engaging in prostitution - Section 240.37, subdivision 2, Penal Law. b. Juvenile Offender - A person less than 16 years of age taken into custody and charged with a felony as indicated: (1) 13, 14 and 15 years of age charged with Murder 2nd Degree (Section 125.25, subdivisions 1 and 2) (2) 14 or 15 years of age charged with Murder 2nd Degree (Felony Murder - subdivision 3) if the underlying felony is listed in subdivision (3), items (a) through (k) below. (3) 14 or 15 years of age and charged with: (a) Assault 1st Degree - Section 120.10, subdivisions 1 and 2 (b) Manslaughter 1st Degree - Section 125.20 (c) Rape 1st Degree - Section 130.35, subdivisions 1 and 2 (d) Criminal Sexual Act 1st Degree - Section 130.50, subdivisions 1 and 2 (e) Kidnapping 1st Degree - Section 135.25 (f) Burglary 1st Degree - Section 140.30 AND Burglary 2nd Degree Section 140.25, subdivision 1 (g) Arson 1st and 2nd Degrees - Sections 150.20 and 150.15 (h) Robbery 1st Degree - Section 160.15 AND Robbery 2nd Degree Section 160.10, subdivision 2 (i) Aggravated Sexual Abuse 1st Degree - Section 130.70 (j) Attempted Murder 2nd Degree - Section 110.00; Section 125.25 OR Attempted Kidnapping 1st Degree - Section 110.00; Section 135.25. (k) Criminal Possession of a Weapon 2nd Degree Section 265.03 OR Criminal Possession of a Weapon 3rd Degree - Section 265.02, subdivision 4, and the offense takes place on school grounds. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-08 PAGE: 08/01/13 c. ARRESTING OFFICER/ ARREST PROCESSING OFFICER (continued) NOTE REVISION NUMBER: 2 of 2 Other Juvenile (not classified Juvenile Offenders) (1) 11 years of age or older - charged with an A or B felony (2) 13 years of age or older - charged with any felony. Fingerprints and palmprints may be taken if the arresting/assisting officer is unable to ascertain prisoner’s identity, if officer reasonably suspects that the identity given by the prisoner is not accurate or if the officer reasonably suspects that the person is wanted by another law enforcement officer or agency for the commission of another offense. 2. 3. Take one clear front view Polaroid photo of juvenile and on the reverse side enter the following information: a. Name of juvenile b. Date of birth c. Mother’s full name, include maiden name d. Date and precinct of arrest e. COMPLAINT REPORT (PD313-152) and arrest number and crime(s) charged. Forward photograph promptly in sealed envelope to the Identification Section, Youth Records Unit, Room 606, Police Headquarters. NOTE If juvenile is taken directly to Family Court, a member of the borough court section or arresting/assigned officer will take fingerprints and photo and forward as above. ADDITIONAL DATA Whenever prisoners must be fingerprinted and palmprinted, photographs may also be taken. RELATED PROCEDURES Photographable Offenses (P.G. 208-07) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-09 RIGHTS OF PERSONS TAKEN INTO CUSTODY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 PURPOSE To advise persons taken into custody of their constitutional rights. PROCEDURE Prior to questioning a person taken into custody: UNIFORMED MEMBER OF THE SERVICE 1. 2. 1 of 3 Inform such person of the following constitutional rights (Miranda Warnings): a. You have the right to remain silent and refuse to answer any questions. Do you understand? b. Anything you say may be used against you in a court of law. Do you understand? c. You have the right to consult an attorney before speaking to the police and to have an attorney present during any questioning now or in the future. Do you understand? d. If you cannot afford an attorney, one will be provided for you without cost. Do you understand? e. If you do not have an attorney available, you have the right to remain silent until you have an opportunity to consult one. Do you understand? f. Now that I have advised you of your rights, are you willing to answer questions? Explain any portion of the rights that the person in custody does not understand. a. If the person in custody and/or the parents/guardians of a juvenile in custody appear to have difficulty understanding/communicating in English, the member of the service concerned should comply with P.G. 212-90, “Guidelines for Interaction with Limited English Proficient (LEP) Persons.” If the prisoner and/or the parents/guardians of a juvenile in custody appear to be hearing impaired, the member of the service concerned should comply with P.G. 212104, “Interaction with Hearing Impaired Persons.” The use of a bilingual employee or the Language Initiative Program is the preferential method for interpretation when interacting with a prisoner. It is recommended that certified members of the Language Initiative Program be used for custodial interrogations. Appropriate command log entries will be made when interpretation services are utilized. 3. 4. NOTE Cease interrogation if subject wants an attorney or wishes to remain silent. Contact attorney for person in custody. Before questioning juveniles, both the juvenile and the parent/guardian must be read Miranda warnings by utilizing MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS (PD244-1413). The juvenile may be questioned if he/she waives these rights in the presence of the parent/guardian. The parent/guardian does not have to separately waive the rights; they only need to be advised of such rights. If, however, the parent/guardian objects to the questioning or requests an attorney for the juvenile, no questioning should occur, even if the juvenile is willing to answer questions. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-09 REVISION NUMBER: PAGE: 08/01/13 2 of 3 DESK OFFICER/ SUPERVISOR CONCERNED 5. NOTE If an attorney states that he represents a prisoner but does not know the identity of the prisoner, he will not be permitted to interview him. 6. 7. 8. Inform prisoner of presence of attorney and ask if he wants to see the attorney. Permit interview to be conducted in muster room for a reasonable time. Assign uniformed member of the service to keep prisoner and attorney under continuous observation at all times. Ensure that no objects are passed between the prisoner and the attorney. Enter under “Details” of the ON LINE BOOKING SYSTEM ARREST WORKSHEET(PD244-159): a. Name, address and phone number of attorney and identity of person who retained him b. If interview was conducted c. Time of attorney’s arrival and departure. IF INTERVIEW WAS CONDUCTED AT BOROUGH COURT SECTION FACILITY OR AT A PRECINCT OTHER THAN THE PRECINCT OF ARREST DESK OFFICER/ SUPERVISOR CONCERNED 9. 10. 11. Notify the desk officer of precinct of arrest giving required information. Make a Command Log entry of interview and notification. Record information in the ON LINE BOOKING SYSTEM ARREST WORKSHEET or ARREST REPORT - SUPPLEMENT (PD244-157). IF A REQUEST IS RECEIVED FROM AN ATTORNEY SEEKING THE LOCATION OF A CLIENT WHO HAS BEEN ARRESTED AND IS IN CUSTODY OF THIS DEPARTMENT MEMBER OF THE SERVICE CONCERNED 12. NOTE If Telephone Record is not maintained in command, entry will be made as directed by commanding officer. DESK OFFICER/ SUPERVISOR CONCERNED Record contents of message in Telephone Record including: a. Time, name, address and phone number of attorney, name of person arrested, and any other facts which may assist in locating prisoner. 13. Request Communications Section to transmit FINEST message to all commands advising that the particular defendant is represented by counsel. 14. 15. Determine if prisoner is detained in stationhouse/Department facility. Direct interrogating officers concerned to cease interrogation and permit prisoner to contact attorney, if prisoner is located in precinct/ Department facility. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-09 NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 A uniformed member of the service who has information concerning the whereabouts of the prisoner will communicate with the desk officer (or counterpart) of his command. The desk officer will notify the originator of the FINEST Message. Guidelines listed in steps 12 through 15 apply only in those situations where an attorney initiated an inquiry seeking to locate a client who was arrested and with whom he has had no prior contact in this arrest situation. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) ARREST REPORT SUPPLEMENT (PD244-157) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-10 ALTERNATE PROCEDURE FOR ARREST NUMBER GENERATION AS A RESULT OF COMPUTER FAILURE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To set guidelines for arrest number generation when computer system (On Line Booking System) becomes disabled. PROCEDURE When the On Line Booking System becomes disabled, uniformed members of the service assigned to commands participating in “local arrest processing” that require an arrest number will: NOTE Commands that currently issue arrest numbers for DESK APPEARANCE TICKETS (PD260-121) will not follow this procedure. Instead, arrest numbers for DESK APPEARANCE TICKETS will be issued by commands concerned when On Line Booking System becomes operational. DESK OFFICER/ SUPERVISOR 1. 2. Direct member of the service assigned to input arrest data entries (PF1/PF3), if the On Line Booking System becomes disabled in a command’s computer at any time, to: a. Immediately notify the Management Information Systems Division, Help Desk to attempt to correct problem. Ascertain from member assigned to Management Information Systems Division, Help Desk, when problem is not correctable: a. If problem is limited to the command or is citywide, AND b. Anticipated period of time that the On Line Booking System will be disabled. IF ON LINE BOOKING SYSTEM IS DOWN IN COMMAND OF ARREST ONLY: DESK OFFICER/ SUPERVISOR 3. Instruct member assigned to input arrest data to have arrest number generated, via landline, by an adjoining precinct whose system is operational. a. Continue to follow command’s current “local arrest processing” procedures. IF ON LINE BOOKING SYSTEM IS DOWN CITYWIDE: DESK OFFICER/ SUPERVISOR 4. Contact supervisor at borough central booking facility concerned. IF M.I.S.D. INDICATES THAT THE ON LINE BOOKING SYSTEM IS DOWN CITYWIDE AND RESTORATION OF THE SYSTEM IS NOT IMMINENT: BOROUGH COURT SECTION SUPERVISOR 5. Institute manual arrest processing mode, which includes: a. Issuance of arrest numbers from an “arrest log” book to arresting/assigned uniformed members of the service via landline. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-10 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 2 These arrest numbers are identified as a two hundred thousand series, i.e., M97200001. b. BOROUGH COURT SECTION SUPERVISOR (continued) Have notifications made to Division of Criminal Justice Services (DCJS) in Albany to determine next sequential Fax number. NOTE Completed Fingerprint Charts are to be issued sequential Fax control numbers indicated by DCJS and sent to Albany for processing. DESK OFFICER/ SUPERVISOR 6. NOTE Arresting/assigned uniformed members will remain at command and continue to process arrest for affidavit preparation as set forth by existing local arrest processing procedures. Fingerprint charts must be delivered within three hours of arrest. ADDITIONAL DATA Precincts of arrest are responsible for back data entry once On Line Booking System comes back on-line. Therefore, a copy of the ON LINE BOOKING SYSTEM ARREST WORKSHEET will be retained and kept available at the desk for entry of arrest data (PF9/PF3), when On Line Booking System becomes operational. 7. Have information requested on required Fingerprint Charts neatly printed by arresting/assigned uniformed member of the service. Have copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) (complete with issued manual arrest number), all completed Fingerprint Charts, Prisoner Movement Slip (Misc. 2011A) and prisoner delivered, without delay, by other than arresting officer, to appropriate facility (e.g., Midtown Community Court, 25th Precinct Hub-Site, etc.,) as indicated in current local arrest processing procedures. “PF9” data entry is identical to “PF1” but forces On Line Booking System to accept previously issued manual arrest number in lieu of computer generated arrest number. FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) DESK APPEARANCE TICKET (PD260-121) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-11 ARREST PROCESSING - "LIVESCAN" FINGERPRINTING AND PALMPRINTING DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To set forth guidelines for the utilization of the “LIVESCAN” computer fingerprinting and palmprinting system. PROCEDURE In all arrest situations whenever a prisoner is required to be fingerprinted and palmprinted, except bedside arraignment of a hospitalized prisoner, or a hospitalized prisoner who may be eligible for a Desk Appearance Ticket, utilize the “LIVESCAN” computerized fingerprinting and palmprinting system and: NOTE To maintain a high quality of fingerprints and palmprints, operation of the “LIVESCAN” machine should be performed by the command’s designated arrest processing officer, if applicable, or a member of the service appropriately trained to operate the machine. Also, appropriately trained investigators of the NYS Attorney General’s Office will be permitted to use the LIVESCAN machine. ARREST PROCESSING OFFICER/ DESIGNATED MEMBER 1. NOTE 2. The check digit is necessary for operation of the “LIVESCAN” computerized fingerprinting system and subsequent transmission of fingerprints/palmprints. 3. NOTE Generate arrest number through the On Line Booking System (OLBS). a. Ensure proper “ARREST PROCESSING TYPE” code is entered during On Line Booking System data entry. Record the check digit that appears on the On Line Booking System terminal screen at the completion of the PF-3 data entries, onto the top right corner of the ON LINE BOOKING SYSTEM ARREST WORK SHEET (PD244-159). a. Retrieve the arrest’s check digit through the “BADS” computer system if the check digit was not recorded. Immediately proceed to begin fingerprinting and palmprinting upon completion of On Line Booking System data entries (PF1/PF3), utilizing “LIVESCAN” machine as follows: a. Ensure both the prisoner’s hands and the scanner platens of the “LIVESCAN” machine are clean and dry. (1) Use “Pre-Scan Pad” to moisten prisoner’s fingers and palms, if excessively dry. b. Enter arrest number with check digit into “LIVESCAN” computer. Once arrest number (with check digit) is entered into the “LIVESCAN” computer, all pertinent arrest information is automatically downloaded to the “LIVESCAN” computer from original On Line Booking System data entries. If this information is not transferred to “LIVESCAN,” information must be re-sent through “BADS” as follows: Select #1, “ARREST REPORT PRINTOUTS,” from “BADS” main menu. Enter arrest number, when prompted. Move cursor to caption, “LIVESCAN RESEND,” and mark field with an “X” and enter. (Message at bottom of screen will read, “RECORD HAS BEEN TRANSFERRED FOR LIVESCAN.”) Return to “LIVESCAN” machine and restart process. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-11 PAGE: 08/01/13 c. ARREST PROCESSING OFFICER/ DESIGNATED MEMBER (continued) d. e. NOTE REVISION NUMBER: 2 of 5 Fingerprint plain (flat) impressions of the four fingers minus the thumb on large scanner platen and the thumbs on the small scanner platen and press “SCAN.” (1) The four fingers of each hand must be placed on an angle on scanner platen, with special attention to the pinky finger. (2) Press “SAVE,” after plain impression has been completed and hand is removed from scanner platen. Fingerprint individual fingers on small scanner platen centering the core of each finger on the cross lines indicated on the left screen of the “LIVESCAN” machine. (1) Ensure proper sequence as indicated by left screen prompts. (2) Roll each finger to one side as indicated by direction arrows on “LIVESCAN” machine and press “SCAN.” (a) INDIVIDUAL FINGERS MUST BE ROLLED. (3) Press “SAVE,” after roll has been completed and finger is removed from scanner platen, if image is acceptable. (a) Press “SCAN” which erases former image, if image is unacceptable, and print finger again. Palmprint palms (2) and writer’s palms on large platen and press “SCAN”. Appropriate notations must be entered in “LIVESCAN” computer when fingers or palms are unable to be adequately printed for any reason, (i.e., “MISS,” “AMP,” “INJ,” “SCAR,” etc.). This information is to be entered in designated fingerprint box. UNDER NO CIRCUMSTANCES IS A FINGERPRINT BOX TO BE LEFT BLANK. 4. Check transmit queue of “LIVESCAN” computer to ascertain if prints are being transmitted, when completed. a. The “ACTIVITY LOG” function displays a list of records transmitted for the previous seventy-two hours. NOTE Complete “LIVESCAN” processing of a prisoner should not exceed three hours from the time of arrest, unless exigent circumstances exist. DESK OFFICER/ SUPERVISOR, ARREST PROCESSING SITE 5. NOTE Overrides will only be done AFTER four attempts have been made to roll an acceptable print. When supervisor concurs that the rejected print is the best that can be taken (i.e., finger burnt, disfigured, etc.), the “LIVESCAN” operator will “ANNOTATE” the rejection (ADD NOTE), into the “LIVESCAN” computer system. Authorize any “override” of “LIVESCAN” prints taken. a. Make appropriate Command Log entries detailing the reasons for the override. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-11 REVISION NUMBER: PAGE: 08/01/13 3 of 5 WHEN PRISONER REFUSES TO BE FINGERPRINTED/PALMPRINTED OR IS REMOVED TO THE HOSPITAL: DESK OFFICER/ SUPERVISOR, ARREST PROCESSING SITE 6. 7. 8. BOROUGH COURT SECTION SUPERVISOR 9. Notify the Borough Court Section supervisor concerned immediately if the prisoner refuses to be fingerprinted/palmprinted or is removed to the hospital. a. Be guided by the instructions of the Borough Court Section supervisor. Provide the Borough Court Section supervisor with the following information: a. Prisoner’s name b. Prisoner’s arrest number c. Prisoner’s fax control number (if available). d. Date/time of prisoner’s refusal to be fingerprinted/palmprinted. e. Date/time that the prisoner was removed to the hospital. f. Name of hospital and admission number (where warranted). Note the prisoner’s refusal to be fingerprinted/palmprinted as follows: a. Make entry on the computer generated prisoner movement slip. b. Prepare REFUSED PRINTS REPORT (PD223-122). c. Make a command log entry detailing the prisoner’s refusal to be fingerprinted/palmprinted. Instruct the desk officer/supervisor making the notification to: a. Proceed with the arrest processing. b. Complete all other arrest related procedures and paperwork. c. Request prisoner’s cooperation to be fingerprinted/palmprinted upon completion of all other arrest related procedures. IF PRISONER COMPLIES: DESK OFFICER/ SUPERVISOR, ARREST PROCESSING SITE 10. Have prisoner fingerprinted/palmprinted at the command via LIVESCAN. a. Complete REFUSED PRINTS REPORT and verify. b. Make additional entries on movement slip and in Command Log indicating prisoner’s decision. c. Enclose REFUSED PRINTS REPORT with arrest package. IF PRISONER STILL REFUSES: DESK OFFICER/ SUPERVISOR, ARREST PROCESSING SITE 11. Proceed as in steps “10a-10c” above. a. Place leg restraints on prisoner and direct that prisoner be brought directly to the Borough Court Section. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-11 REVISION NUMBER: PAGE: 08/01/13 4 of 5 Leg restraints MUST be used when transporting a prisoner that has refused to be fingerprinted and palmprinted. If the desk officer determines that extenuating circumstances exist that preclude placing leg restraints on a prisoner that has refused to be fingerprinted and palmprinted, a Command Log entry will be made detailing the reason why. The use of leg restraints does not replace the requirement to rear handcuff the prisoner. All procedures detailing the use of handcuffs remain in effect. When using leg restraints on a prisoner, the escorting officer is to exercise caution to prevent the prisoner from falling. NOTE WHEN PRISONER THAT REFUSES TO BE FINGERPRINTED/ PALMPRINTED ARRIVES AT THE BOROUGH COURT SECTION: BOROUGH COURT SECTION SUPERVISOR 12. Question the prisoner and verify that he/she refuses to be fingerprinted/ palmprinted. IF PRISONER COMPLIES: 13. 14. Direct that prisoner be fingerprinted/palmprinted via LIVESCAN. Make an entry indicating compliance: a. In the Command Log. b. On the prisoner movement slip. c. On the REFUSED PRINTS REPORT and verify. IF PRISONER CONTINUES TO REFUSE TO BE FINGERPRINTED/ PALMPRINTED: 15. 16. 17. 18. Lodge prisoner at the Borough Court Section throughout the arraignment process. Make Command Log entry noting the refusal. Complete the REFUSED PRINTS REPORT and verify. Have appropriate “NOTEPAD” data entries and corresponding “UNARRAIGNED DISPOSITION” field entered into “OLPA” computer system immediately. NOTE A prisoner who refuses to be fingerprinted and palmprinted will not leave the court section facility and be sent to another command for lodging. However, if such a prisoner is in need of medical attention, he/she may be brought to a health care facility for treatment. ADDITIONAL DATA The “LIVESCAN” machine should remain “ON” and the scanner covers of the machine “CLOSED, ” when not in use. If “LIVESCAN” becomes inoperable, immediately notify the Management Information Systems Division (MISD) HELP DESK and if necessary be guided by P.G. 208-12, “Alternate Procedures For Fingerprint and Palmprint Processing In The Event of Computer Failure.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-11 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 The “LIVESCAN” machine must be “recalibrated” at least once per tour to ensure that prints transmitted are acceptable to the Identification Section and the Division of Criminal Justice Services (i.e., not too dark or too light, etc.). Busy commands must “recalibrate” more frequently. The “LIVESCAN” machine scanner platens must be cleaned after each prisoner is fingerprinted and palmprinted. The “LIVESCAN” machine is to be cleaned only with authorized cleaning materials, (i.e., “Windex with Ammonia D,” “Lithopads”). These materials, in addition to “Pre-Scan Pads,” may be requisitioned from the Quartermaster Section. If the “LIVESCAN” computer becomes inoperable because of damage to the machine, particularly to the scanner platen, the vendor will replace the damaged scanner platen and deliver it to the Management Information Systems Division. In circumstances in which there is suspicion of intentional damage, the desk officer will make an entry in the Command Log and initiate an investigation (see P.G. 202-14, “Desk Officer”). Any evidence of intentional damage to any machine will result in an immediate investigation and appropriate action. Routine operational inquiries concerning “LIVESCAN” and the On Line Booking System should be directed to the borough Court Section concerned, twenty-four hours, seven days a week, OR the Criminal Justice Bureau during business hours. Technical problems and “LIVESCAN” outages are to be referred to the Management Information Systems Division (MISD) HELP DESK. RELATED PROCEDURES Fingerprintable and Palmprintable Offenses (P.G. 208-08) Alternate Procedures For Fingerprint and Palmprint Processing Due To Computer System Failure (P.G. 208-12) Hospitalized Prisoners (P.G. 210-02) Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) REFUSED PRINTS REPORTS (PD223-122) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-12 ALTERNATE PROCEDURE FOR FINGERPRINT AND PALMPRINT PROCESSING DUE TO COMPUTER SYSTEM FAILURE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To set guidelines for fingerprint and palmprint processing should the “LIVESCAN” System become disabled. DEFINITION “LIVESCAN” System - the electronic transmitting of fingerprints and palmprints via computer. NOTE Since “LIVESCAN’s” operation is fully dependent on the On Line Booking System (OLBS), if the On Line Booking System becomes disabled, “LIVESCAN” becomes inoperable. Additionally, if the On Line Booking System becomes disabled, uniformed members of the service concerned will comply with the guidelines for arrest number generation (see P.G. 208-10, “Alternate Procedure for Arrest Number Generation As A Result Of Computer Failure.”) PROCEDURE When the “LIVESCAN” System becomes disabled: DESK OFFICER/ SUPERVISOR 1. 2. Have arresting/assigned officer immediately notify the Management Information Systems Division, Help Desk, if “LIVESCAN” becomes disabled at any time, to attempt to correct problem. Ascertain from member assigned to Management Information Systems Division, Help Desk, when member concerned indicates that problem is not correctable: a. If problem is limited to the command or is borough/citywide, AND b. Anticipated period of time that the “LIVESCAN” System will be disabled. IF “LIVESCAN” SYSTEM IS DISABLED COMMAND OF ARREST ONLY: DESK OFFICER/ SUPERVISOR 3. Have uniformed members of the service, other than arresting officer, transport defendant to an adjoining precinct where “LIVESCAN” System is operational and fingerprint/palmprint defendant. IF “LIVESCAN” SYSTEM IS DISABLED BOROUGH/CITYWIDE: DESK OFFICER/ SUPERVISOR 4. Contact borough Court Section supervisor concerned and be guided by supervisor’s instructions. IF THE DECISION IS MADE TO REVERT TO USING INK TO FINGERPRINT AND PALMPRINT PRISONERS: NOTE Decisions to ink print prisoners will be made on a case by case basis by the borough Court Section supervisor concerned in the event that LIVESCAN is disabled borough/citywide for an extended period of time and restoration of the system is not imminent. The supervisor at the Management Information Systems Division, Help Desk and the supervisor at the Criminal Justice Bureau will be conferred with prior to instructing personnel to ink print prisoners. It should be noted that the preferred course of action is to wait until the LIVESCAN System once again becomes operational and then fingerprint and palmprint the prisoner using LIVESCAN. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-12 REVISION NUMBER: PAGE: 08/01/13 2 of 2 BOROUGH COURT SECTION SUPERVISOR 5. Instruct desk officer/supervisor, command concerned, to ink print defendant(s) on appropriate fingerprint and palmprint charts. a. Have fingerprints and palmprints forwarded expeditiously to the borough Court Section concerned for processing. NOTE If the On Line Booking System is disabled, instruct desk officer/supervisor concerned to have arresting/assigned officer neatly print required information on the fingerprint and palmprint charts before they are delivered to the borough Court Section concerned for processing. 6. Have Court Section personnel available and ready to process ink fingerprints and palmprints, including: a. Backing up of fingerprint and palmprint charts, and b. Transmission of those fingerprints and palmprints to Albany via the court site “Fax-4” machine. c. Transmission of those fingerprints and palmprints to the Identification Section via the court site “Fax-4” machine. DESK OFFICER/ SUPERVISOR 7. Instruct arresting/assigned officer to ink print defendant(s) on appropriate fingerprint and palmprint charts. Have fingerprint and palmprint charts delivered, by other than arresting/ assigned officer, with a copy of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), to Borough Court Section concerned, NO LATER THAN THREE HOURS AFTER THE TIME OF ARREST. ADDITIONAL DATA Commanding officers of arresting commands and borough Court Sections must ensure that an adequate supply of materials needed to ink print defendants is readily available, including: FBI Fingerprint Charts (FD 249) New York State Fingerprint Charts (DCJS-2) CRIMINAL FINGERPRINT RECORDS (PD223-141) CRIMINAL PALMPRINT RECORDS (PD223-141a) Inquiry Charts (DCJS-6) Juvenile Charts (DCJS-4) Ink and ink rollers Ink Fingerprint Station. RELATED PROCEDURES Alternate Procedure For Arrest Number Generation As A Result Of Computer System Failure (P.G. 208-10) Arrest Processing-Livescan Fingerprinting and Palmprinting (P.G. 208-11) FORMS AND REPORTS CRIMINAL FINGERPRINT RECORD (PD223-141) CRIMINAL PALMPRINT RECORD (PD223-141a) FBI Fingerprint Chart (FD249) Inquiry Chart (DCJS-6) Juvenile Chart (DCJS-4) New York State Fingerprint Chart (DCJS-2) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) 8. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-13 ARREST REPORT SUPPLEMENT DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 2 PURPOSE To outline those instances that require a uniformed member of the service to complete an ARREST REPORT SUPPLEMENT (PD244-157). PROCEDURE This form will be prepared by uniformed members of the service to: 1. Record additional information when there is insufficient space under “Details” on an ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). 2. Report additional details after an ON LINE BOOKING SYSTEM ARREST WORKSHEET has been prepared such as: a. Change in offense charged b. Identity of previously unidentified prisoner c. Re-arrest on a bench warrant d. Prisoner forfeits bail e. Prisoner re-arrested for same offense for which bail was forfeited f. Prisoner released on reasonable belief he did not commit the crime g. Attorney visits prisoner h. Hospitalized prisoner visited by an authorized person, (see P.G. 210-02, “Hospitalized Prisoner”). The SUPPLEMENT containing the list of all visits will be distributed when the prisoner is released from the hospital. i. Prisoner released from hospital. (If the prisoner is under eighteen include notifications to prisoner’s parent or guardian and the arresting officer.) j. Hospitalized prisoner issued a DESK APPEARANCE TICKET. k. Prisoner is released to the custody of a member of the Collision Investigation Squad to permit examination of a vehicle involved in a collision which resulted in death, serious injury and likely to die, or critical injury to an individual. l. Child released from a place of detention m. Clothing removed from a homicide victim for examination at the Forensic Investigation Division n. Delineating the circumstances surrounding the additional charge of bribery, in situations where the arresting officer is not the uniformed member offered the bribe in arrest situations NOTE In those instances when a detective squad member will add charges for offenses previously recorded on a COMPLAINT REPORT to a prisoner arrested by a member of the Patrol Services Bureau, or has effected an arrest and is going to add additional charges for offenses previously recorded on a COMPLAINT REPORT (i.e.: robbery pattern, burglary pattern etc.), the detective squad member will follow the arrest procedure in Patrol Guide 208-74, “Arrest Processing Of Persons Wanted For Multiple Incidents.” When a detective squad member effects the arrest of a person with more than one outstanding indictment warrant, the detective squad member will follow the arrest procedure in Patrol Guide 208-74, “Arrest Processing Of Persons Wanted For Multiple Incidents”. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 2 of 2 ADDITIONAL DATA Do not prepare an ARREST REPORT SUPPLEMENT in a case in which a prisoner’s original and additional arrest charge(s) occur in different geographical boroughs prior to arraignment, OR, when the initial arrest charge is for a non-fingerprintable offense, OR, when the prisoner has been arraigned and an additional arrest charge(s) is forthcoming. In both of these cases, the member of the service filing the additional arrest charge(s) must issue a new arrest number, re-print the prisoner via LIVESCAN, and make an immediate notification to the borough Court Section supervisor concerned. RELATED PROCEDURES Hospitalized Prisoners (P.G. 210-02) Arrest Processing Of Persons Wanted For Multiple Incidents (P.G. 208-74) FORMS AND REPORTS ARREST REPORT SUPPLEMENT (PD244-157) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-14 ARREST BY UNIFORMED MEMBER OUTSIDE CITY DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 2 PURPOSE To report an arrest effected by a uniformed member of the service outside New York City but within New York State. PROCEDURE When a uniformed member of the service effects an arrest outside New York City when not specifically assigned or ordered: UNIFORMED MEMBER OF THE SERVICE 1. 2. Comply with arrest procedures of police agency having jurisdiction. Notify Operations Unit immediately of all facts including: a. Time and date of occurrence b. Place of occurrence c. Location of uniformed member concerned at time of notification d. Manner in which member became involved e. Identity of all parties involved in incident, including local police authorities f. Complete details g. Injury to uniformed member concerned or any other person h. Identity and statements of witnesses. OPERATIONS UNIT MEMBER 3. 4. Notify commanding officer of uniformed member concerned. Direct duty captain assigned to Patrol Borough Queens North/South or Bronx, as appropriate, to respond to place of occurrence, if within residence counties, conduct investigation and have UNUSUAL OCCURRENCE REPORT (PD370-152) prepared. DUTY CAPTAIN 5. 6. Respond to location within residence counties and conduct investigation. Prepare UNUSUAL OCCURRENCE REPORT, LINE OF DUTY INJURY REPORT (PD429-154) and ACCIDENT REPORT - CITY INVOLVED (PD301-155) if required. NOTE The Operations Unit will, based upon circumstances, determine if a duty captain will respond to an incident involving an arrest effected by a uniformed member of the service outside the residence counties. ARRESTING OFFICER’S C.O. 7. Direct desk officer to make entry in Telephone Record concerning notification of incident from Operations Unit. ARRESTING OFFICER 8. Prepare report with all pertinent information and submit to commanding officer as soon as possible. COMMANDING 9. 10. OFFICER CONCERNED Prepare detailed report of incident for Chief of Department. Notify Internal Affairs Bureau if investigation, other than in relation to sickness or injury, is required. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-14 REVISION NUMBER: PAGE: 08/19/13 COMMANDING 11. OFFICER CONCERNED (continued) 2 of 2 Forward detailed report with copy of arresting officer’s report attached to: a. Chief of Department - direct (two copies) b. Chief of Personnel - (one copy) c. Each intermediate command - (one copy) and d. File - (one copy). FORMS AND REPORTS ACCIDENT REPORT - CITY INVOLVED (PD301-155) LINE OF DUTY INJURY REPORT (PD429-154) UNUSUAL OCCURRENCE REPORT (PD370-152) RELATED PROCEDURES Line Of Duty Injury Or Death Outside City In Residence Counties (P.G. 205-06) Accidents and Collisions – City Involved (P.G. 217-04) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-15 ARREST REPORT PREPARATION AT STATIONHOUSE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To process an arrest at a stationhouse. PROCEDURE When a uniformed member of the service is ready to process an arrest after completing the initial appearance before the desk officer: DESK OFFICER 1. 2. Direct arresting officer to remove prisoner to arrest processing area, or location in the stationhouse SPECIFICALLY DESIGNATED as suitable for interrogation of juveniles, as appropriate. Direct arrest processing officer, if available, to assist arresting officer. NOTE The arrest processing officer will fingerprint and palmprint prisoner (LIVESCAN) and assist the arresting officer by providing arrest-related forms, taking photographs, and conducting necessary warrant checks. Also, appropriately trained investigators of the NYS Attorney General’s Office will be permitted to use the LIVESCAN, OMNIFORM and the Digital Camera Capture Station systems. ARRESTING OFFICER 3. NOTE If individual in custody is wanted for multiple incidents, comply with provisions of Patrol Guide 208-74, “Arrest Processing of Persons Wanted for Multiple Incidents.” IMMEDIATELY prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). a. Ensure that COMPLAINT REPORT (PD313-152), PROPERTY CLERK INVOICE (PD521-141), etc., case numbers are indicated. b. Indicate “yes” and the appropriate language under the caption “Is interpreter needed for further investigation” on the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), if the prisoner has apparent difficulty understanding/communicating in English, regardless of whether or not further investigation is required. 4. Comply with P.G. 214-07, “Cases for Legal Action Program,” if applicable, which ensures that all New York City Public Housing residents who are arrested pursuant to the execution of a search warrant where contraband is recovered or arrested for a designated crime committed on the grounds of any New York City Public Housing Development are targeted for possible eviction proceedings. DESK OFFICER 5. Review for completeness and accuracy and sign ON LINE BOOKING SYSTEM ARREST WORKSHEET and return to arresting officer. ARRESTING OFFICER 6. Have arrest number generated utilizing the OMNIFORM System. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-15 NOTE PAGE: 08/01/13 2 of 3 To correctly collate the different types of arrests that are processed, all arrests generated in the OMNIFORM System will use one of the following Arrest Processing Types from the OMNIFORM dropdown list: Community Court Desk Appearance Ticket Community Court Online Arrest Desk Appearance Ticket Juvenile (Non Fingerprintable Offenses) Online Arrest Voided Arrest a. ARRESTING OFFICER (continued) 7. 8. 9. 10. 11. ADDITIONAL DATA REVISION NUMBER: FAX completed ON LINE BOOKING SYSTEM ARREST WORKSHEET (with arrest number indicated), to the borough court section/Assistant District Attorney, for online arrests ONLY (videoconferencing, BLAP), in accordance with current processing procedures in each borough. Have arrest processing officer fingerprint and palmprint prisoner utilizing LIVESCAN, and with the assistance of the arrest processing officer: a. Have digital photograph(s) of prisoner taken and generate Prisoner Movement Slip b. Prepare other necessary forms (e.g., COMPLAINT REPORT, PROPERTY CLERK INVOICE, etc.) c. Have any necessary warrant checks conducted. Request the desk officer to have the prisoner removed to appropriate prisoner intake area based on local guidelines. a. Escorting officer must have Prisoner Movement Slip with photo and a copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET with arrest number and check digit indicated. Complete any additional arrest paperwork, as necessary. Have desk officer review documents for completeness and accuracy. Prepare affidavit based on the county District Attorney’s method of preparation. TYPE OF ARREST BEING PROCESSED AND EXPLANATION: DESK APPEARANCE TICKET (DAT) COMMUNITY COURT - used when a DAT is issued and returnable to Midtown Community Court or Red Hook Community Court. COMMUNITY COURT ONLINE ARREST - used when a command processes an on line arrest to be arraigned in the Midtown Community Court or Red Hook Community Court. DESK APPEARANCE TICKET - used when a command processes a DESK APPEARANCE TICKET. JUVENILE (NON FINGERPRINTABLE OFFENSES ONLY) - used to process juvenile delinquent arrests that are not fingerprintable offenses. ONLINE ARREST - used to process on line arrests, as well as all juvenile arrests that are fingerprintable (including juvenile offenders, recogs, and juveniles not eligible for recognizance). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-15 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 ADDITIONAL DATA (continued) VOIDED ARREST - used when processing a voided arrest under P.G. 210-13, “Release of Prisoners.” RELATED PROCEDURES Arrests - Removal to Department Facility for Processing (P.G. 208-02) Arrests - General Processing (P.G. 208-03) Arrest - General Search Guidelines (P.G. 208-05) Arrests - Security Measures (P.G. 208-06) Alternate Procedure for Arrest Number Generation as a Result of Computer Failure (P.G. 208-10) Alternate Procedure for Fingerprint and Palmprint Processing Due to Computer System Failure (P.G. 208-12) Arrests – License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk (P.G. 208-21) Arrest Processing of Persons Wanted for Multiple Incidents (P.G. 208-74) Hospitalized Prisoners – Arrests by Members of Other Police Agencies (P.G. 210-03) Release of Prisoners (P.G. 210-13) Cases for Legal Action Program (P.G. 214-07) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) DESK APPEARANCE TICKET Regardless of whether the arrest package has been previously forwarded, the prisoner must be delivered to the borough court section facility expeditiously. Delays of more than five hours from time of arrest for lineups, prisoner debriefing, prisoner medical attention, etc., will be reported by telephone to the appropriate borough court section. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-16 ARREST PROCESSING INDICATORS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To standardize the obtaining of arrest processing time-stamps throughout the Department. PROCEDURE When a uniformed member of the service effects an arrest that will be processed “on line,” i.e., a court affidavit will be prepared and the prisoner is to be arraigned expeditiously: ARRESTING OFFICER 1. Prepare PRE-ARRAIGNMENT NOTIFICATION FORM (PD244-153). DESK OFFICER/ COURT SUPERVISOR 2. Obtain the following time-stamps, depending on how the court affidavit is prepared: a. AT THE DISTRICT ATTORNEY’S COMPLAINT ROOM (1) Using the PRE-ARRAIGNMENT NOTIFICATION FORM, time-stamp: (a) Box 1, captioned “A/O sign in,” when the arresting officer is present at the Complaint Room (b) Box 3, captioned “Complaint Sworn,” when the court affidavit is signed by the arresting officer. b. USING VIDEO TELECONFERENCING OR USING LOCAL ARREST PROCESSING (LAP) TELEPHONE INTERVIEW (1) Using the PRE-ARRAIGNMENT NOTIFICATION FORM time-stamp: (a) Box 1, captioned “A/O sign in,” when the arresting officer is ready to be interviewed by the Assistant District Attorney NOTE This will be done immediately before the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) is faxed to the Complaint Room. (b) c. Box 3, captioned “Complaint Sworn,” when the court affidavit is signed by the arresting officer. QUEENS COURT AFFIDAVIT PREPARATION SYSTEM (CAPS) (1) Using the PRE-ARRAIGNMENT NOTIFICATION FORM time-stamp: (a) Box 1, captioned “A/O sign in,” when the arresting officer is ready to prepare the court affidavit at the CAPS room (b) Box 3, captioned “Complaint Sworn,” when the court affidavit is signed by the arresting officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-16 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER/ COURT SUPERVISOR (continued) 2 of 2 d. 3. TRANSIT BUREAU FAX PROGRAM (1) Using the PRE-ARRAIGNMENT NOTIFICATION SUPERVISOR FORM, time-stamp: (a) Box 1, captioned “A/O sign in,” when the arresting officer has completed the supporting deposition and other related paperwork (b) Box 3, captioned “Complaint Sworn,” will be timestamped by the Transit Liaison Officer, when the court affidavit is signed by the arresting officer at the Complaint Room. e. USING A SUPPORTING DEPOSITION (VENDOR, PROSTITUTION, ETC.) (1) Using the PRE-ARRAIGNMENT NOTIFICATION FORM, time-stamp: (a) Box 1, captioned “A/O sign in,” when the arresting officer has completed the supporting deposition (b) Box 3, captioned “Complaint Sworn,” will be timestamped by Court Section personnel, when either the supporting deposition, which acts as an affidavit is received, or an affidavit, which is typed from a supporting deposition, is signed by the Court Section supervisor. In ALL arrest cases (EXCEPT Video Conferencing or Local Arrest Processing (LAP) Telephone Interview cases), have the PREARRAIGNMENT NOTIFICATION FORM delivered to the borough Court Section with the arrest package for time-stamp entry into the On Line Prisoner Arraignment (OLPA) system by Court Section personnel. a. In Video Conferencing or Local Arrest Processing (LAP) Telephone Interview cases, the PRE-ARRAIGNMENT NOTIFICATION FORM must be faxed, along with the signed affidavit, to the Complaint Room at completion of arrest processing. NOTE In the case where an arresting officer is rescheduled to the 2nd Platoon to complete the court affidavit, i.e., the District Attorney's Complaint Room is closed, the desk officer/command supervisor concerned must write “RESCHEDULED” on the PREARRAIGNMENT NOTIFICATION FORM in the caption marked “ADDITIONAL COMMENTS.” FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PRE-ARRAIGNMENT NOTIFICATION FORM (PD244-153) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-17 CHANGE IN ARREST CHARGES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To update Department records when the original charge is subsequently changed. PROCEDURE When a change of charge on a prisoner previously arrested is indicated: ARRESTING OFFICER 1. Notify desk/booking officer. DESK/ BOOKING OFFICER 2. Correct original copy of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) if not yet forwarded. Prepare ARREST REPORT - SUPPLEMENT (PD244-157) if ON-LINE BOOKING SYSTEM ARREST WORKSHEET was forwarded. Show the change in degree of the crime and the reason for the change. Forward the original ARREST REPORT - SUPPLEMENT to Data Integrity Unit. File the yellow copy with precinct copy of ON-LINE BOOKING SYSTEM ARREST WORKSHEET. Deliver pink copy to arresting officer. Report the facts concerning the change in the degree of the crime on COMPLAINT FOLLOW-UP (PD313-081). Instruct the arresting officer, if assigned to a precinct other than the precinct of arrest, to notify his immediate supervisor of the change. 3. 4. 5. 6. 7. 8. 9. FORMS AND REPORTS ARREST REPORT SUPPLEMENT (PD244-157) COMPLAINT FOLLOW-UP (PD313-081) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-20 "TURNOVER" ARRESTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To assign a uniformed member of the service to prepare arrest paperwork, criminal court complaints and process an arrest through the court system for an arrest made by another uniformed member of the service. SCOPE An assigned officer may be designated in the following circumstances: a. Injury to arresting officer b. Arrest by an off-duty member c. DESK APPEARANCE TICKET (PD260-121) d. Arrest for other authorities e. Delegated arrest on a warrant f. Mass arrests at demonstrations, details or disorders g. Arrest by a civilian, except as provided by P.G. 208-04, “Arrest By A Civilian” h. Family Court Arrests i. Order of Protection j. Other circumstances, when directed by a uniformed supervisor. PROCEDURE When an arrest is to be processed as a “turnover” arrest: ARRESTING OFFICER 1. Follow appropriate arrest processing guidelines. DESK OFFICER/ PATROL/ DETAIL SUPERVISOR 2. Determine if arrest is to be assigned to another uniformed member of the service. NOTE Supervisors should identify the arresting officer at the earliest opportunity and make an entry in their ACTIVITY LOG (PD112-145) after approving the arrest. 3. NOTE Designate an assigned officer. An assigned officer may be designated by a patrol supervisor, desk officer or other ranking officer in charge of a detail. Under no circumstances may an arresting officer turn over an arrest to another officer without the knowledge and approval of a supervisor. DESK OFFICER 4. Make Command Log entry indicating: a. Identification of arresting officer b. Identification of assigned officer c. Details of arrest concerned d. Whether or not the assigned officer has re-interviewed the civilian complainant, and any necessary civilian witnesses. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-20 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 2 When an arresting officer is authorized by a supervisor to turn over an arrest, the assigned officer must personally re-interview a civilian complainant and any necessary civilian witnesses, in order to prevent double “hearsay” and to prepare a criminal complaint. DESK OFFICER 5. (continued) Assign a uniformed member of the service to provide transportation to civilian(s) for re-interview, if possible. ASSIGNED OFFICER 6. 7. Re-interview civilian complainant and any necessary civilian witnesses. Immediately notify a supervisor and comply with P.G. 207-09, “Follow-Up Investigation Of Complaints Already Recorded,” if new information or a discrepancy arises concerning the offense(s) charged. DESK OFFICER/ PATROL/COURT SECTION SUPERVISOR 8. Ensure that re-interview has been conducted prior to arresting officer being assigned to other duties. NOTE When completing the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) assigned officers should be directed to check “YES” on line 5 (Officer Assigned) caption, and print the arresting officer’s information on lines 1, 2, and 31. ADDITIONAL DATA Testimony in court must offer only the facts accurately presented under oath. The outcome of a criminal case may be determined by the thoroughness of the police investigation, the constitutionality of the arrest, and the accurate presentation of oral testimony and physical evidence by the arresting officer or assigned officer. All questions should be answered to the best of a member’s recollection, without embellishment or volunteering personal opinions or conclusions. The Department’s reputation for veracity is based upon each member’s total adherence to the highest standards of truthfulness. Violations of this policy will be the subject of criminal prosecution and internal disciplinary procedures. RELATED PROCEDURES Follow-Up Investigation Of Complaints Already Recorded (P.G. 207-09) Arrest By A Civilian (P.G. 208-04) Arraignment (P.G. 211-02) Duties And Conduct In Court (P.G.211-11) FORMS AND REPORTS ACTIVITY LOG (PD 112-145) DESK APPEARANCE TICKET (PD 260-121) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD 244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-21 ARRESTS – LICENSE CHECKS, WARRANT NAME CHECKS AND NOTIFICATIONS TO THE ORGANIZED CRIME CONTROL BUREAU FIELD OPERATIONS DESK DATE ISSUED: 08/01/13 ARRESTING OFFICER/ ARREST PROCESSING OFFICER 1. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 Comply with the provisions of P.G. 208-02, “Arrests - Removal to Department Facility for Processing,” P.G. 208-03, “Arrests - General Processing,” P.G. 208-15, “Arrest Report Preparation at Stationhouse” and the following: LICENSE CHECKS THROUGH FINEST USING “D.A.L.L.” FORMAT To strengthen the prosecution of auto larceny cases, all uniformed members of the service perform a license check through FINEST, using the “D.A.L.L.” format, on all defendants arrested for the following: a. Driving a stolen vehicle, OR b. Driving an auto with an altered vehicle identification number (V.I.N.), OR c. Possession of stolen license plates. WARRANT NAME CHECKS Prior to releasing a prisoner who is being issued a DESK APPEARANCE TICKET at the precinct of arrest/designated arrest facility, a warrant name check of local/state/federal files will be conducted in accordance with P.G. 208-22, “Performing Local, State and Federal Warrant Checks.” If prisoner is released at precinct of arrest/designated arrest facility, attach Automated Database for Warrants (ADW) and Message Switching System (MSWS) print-outs to file copies of arrest papers. If prisoner is removed to borough court section facility, attach these print-outs to the prisoner’s arrest papers. If Department Local Area Network (LAN) terminal is inoperative, request the patrol borough to conduct the checks. Should the borough terminal also be inoperative, an adjoining precinct/designated arrest facility will be requested to conduct these checks. If the entire LAN system is out of service for more than twenty minutes, the Central Warrant Unit will be requested by telephone to process and supply the necessary checks. NOTIFICATION TO THE ORGANIZED CRIME CONTROL BUREAU FIELD OPERATIONS DESK BY OTHER COMMANDS/UNITS EFFECTING AN ARREST WHEN A SPECIFIED CONDITION EXISTS When an arrest(s) is made for an offense AND any of the following conditions exist: a. b. c. The debriefing of a defendant(s) by Organized Crime Control Bureau (OCCB) personnel would be beneficial (e.g., subject arrested for shoplifting has knowledge of a heroin supplier or individual is arrested for smoking marihuana who has information on guns being brought into the City for sale from out of state) OR A follow-up investigation by OCCB personnel is necessary (e.g., subject arrested by patrol for misdemeanor possession of a controlled substance has knowledge of a location from which crack cocaine is being sold or patrol effects an arrest for auto stripping and the defendant has information on a chop shop) OR The expertise of OCCB is needed to enhance the prosecution of the case (e.g., patrol recovers policy (betting) slips that requires the counting of bets waged to determine the proper charges or the check of a confidential VIN is required to determine the true owner of a vehicle). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-21 REVISION NUMBER: PAGE: 08/01/13 2 of 2 ARRESTING OFFICER/ ARREST PROCESSING OFFICER (continued) 2. Notify the OCCB Field Operations Desk via telephone, twenty-four hours/seven days a week, as required above. NOTE The OCCB Field Operations Desk MUST be notified of ALL controlled substance arrests and ALL marihuana arrests for the following charges: a. b. c. d. e. 3. 4. 5. DESK OFFICER 6. 7. Criminal possession of a controlled substance first degree (P.L. 220.21), second degree (P.L. 220.18), and third degree (P.L. 220.16) Criminal sale of a controlled substance in the first degree (P.L. 220.43), the second degree (P.L. 220.41), and the third degree (P.L. 220.39) Criminal sale of a controlled substance in or near school grounds (P.L. 220.44) Criminal possession of marihuana in the first degree (P.L. 221.30) or second degree (P.L. 221.21) Criminal sale of marihuana in the first degree (P.L. 221.55) or second degree (P.L. 221.50). Provide the pertinent details of arrest and circumstances requiring conferral from the OCCB Division concerned. Make record of the notification in the “Narrative” section of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), including date, time and rank/name of person notified at OCCB. Be guided by OCCB Field Operations Desk personnel. Ensure arresting officer has made required notification to OCCB Field Operations Desk as indicated above. Make Command Log entry of notification details. NOTE If any question exists as to whether or not a notification must be made, always make the notification. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) DESK APPEARANCE TICKET RELATED PROCEDURES Arrests - Removal to Department Facility for Processing (P.G. 208-02) Arrest - General Processing (P.G. 208-03) Arrest - General Search Guidelines (P.G. 208-05) Arrests - Security Measures (P.G. 208-06) Arrest Report Preparation at Stationhouse (P.G. 208-15) Performing Local, State and Federal Warrant Checks (P.G. 208-22) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-22 PERFORMING LOCAL, STATE AND FEDERAL WARRANT CHECKS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 7 PURPOSE To assess an individual’s fugitive status. PROCEDURE Whenever it is necessary to conduct a warrant check through a Department Local Area Network (LAN) computer. MEMBER CONCERNED 1. 2. NOTE Conduct a local level warrant name check by accessing the application, Automated Database for Warrants (ADW), on any Department LAN computer as follows: a. Select the ADW icon b. Enter tax number when prompted c. Select “Name Search” under “Queries” d. Select “Exact Name” under “Search Type” e. Enter name of individual in box provided f. Select the proper “Sex” and “Race” from the application “drop down” boxes g. Enter the date of birth, formatted as mm/dd/yyyy h. Select “Tables to Search” and choose “Warrant,” “I-Card” and “Recidivist” i. Depress the “OK” button. Conduct further inquiry via ADW, if name check provides an exact pedigree match with New York State Identification (NYSID) number attached, as follows: a. Select “Queries” b. Select “NYSID Search” c. Enter the complete NYSID number in the prompt box d. Select “Tables to Search” and choose “Warrant,” “I-Card” and “Recidivist” e. Depress the “OK” button. If the ADW response displays the name of the subject or prisoner as entered, and is followed by pedigree information on the name, which includes “matching date of birth,” NYSID number and/or docket number, if any, and an OCA # appears, this is an indication of a “POSSIBLE WARRANT” OR “HIT.” This information is related to an open investigation or criminal history on a subject identified as a recidivist or target narcotic violator. 3. Conduct a search of the state and federal warrant files, if necessary, as follows: a. Access the FINEST MESSAGE SWITCHING SYSTEM (MSWS) mode via Management Information System (MIS) (Password required). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-22 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 7 This function is performed by typing MIS and then pressing the ENTER key. The MIS log will then be displayed on the screen. Press CLEAR key. Type MSWS and press ENTER key. FINEST logo will then be displayed. Fill in TAX # and “authorized” PASSWORD. Press ENTER key. Main menu will then be displayed. Select the caption NYSPIN INFORMATION FUNCTIONS by typing “X” in the left margin on line with function of choice, then Press ENTER key. Sub-menu appears. Select WINQ (state and federal warrant inquiry) by typing “I” in left margin, on line with function of choice, then press ENTER key. b. MEMBER CONCERNED (continued) c. NOTE Enter the data required on the line titled “WINQ” formatted as follows: (1) Name Field - Last name, First name (space), Middle initial (2) DOB - date of birth must be six digits Example: 01 01 51 Mo. Day Yr. (3) Sex - Male = M; Female = F (4) Race - W = White; B = Black, etc. Obtain response to the WINQ request by pressing the PF 24 key to display message on the screen In the upper left portion of the screen, Messages: # Total: # will be displayed. The number in the message box represents the number of messages that can be accessed from WINQ. The Total: # includes messages from other sub-menu functions. d. e. NOTE Utilize PF 14 key to go to the next page of the message, if response is multi-page (i.e., page 1 of 10) (1) All the pages of the message must be viewed. Print messages by pressing the INDENT key to printout contents on the screen. PF keys may be different on LAN terminals. IF OCA # DESIGNATION BEGINS WITH THE LETTER “Q”: NOTE OCA # designation that begins with the letter “Q” are not warrants and this designation does not permit a hold on the subject unless other charges are made. These “Q” designations require a notification to the originator as displayed on the screen. MEMBER CONCERNED 4. Notify originator concerned, as follows: a. Q652000 series is a MISDEMEANOR RECIDIVIST. ORIGINATOR: Boro/ECAB (Complaint Room/ADA). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-22 NOTE REVISION NUMBER: PAGE: 08/01/13 3 of 7 This notification is intended to identify career misdemeanants and secure their immediate arraignment. It is designed to vigorously prosecute misdemeanor defendants with a substantial record of previous arrests and convictions, coupled with a history of failure to appear in court. NO DESK APPEARANCE TICKET WILL BE ISSUED TO DEFENDANTS IDENTIFIED AS MISDEMEANOR RECIDIVISTS. b. MEMBER CONCERNED (continued) NOTE Q653000 series is a NYC FIREARM VIOLATOR. ORIGINATOR: NITRO UNIT concerned. (1) Notify Narcotics Division, Borough NITRO Unit concerned if firearms arrest has an additional felony narcotic arrest. These notifications are necessary when any person is arrested and a firearm is involved (used or possessed). c. NOTE Q654000 series is an ARMED CAREER CRIMINAL. ORIGINATOR: OCCB/ATF JOINT FIREARMS TASK FORCE. (1) An automatic notification, via FINEST System, to the Organized Crime Control Bureau/Bureau of Alcohol, Tobacco and Firearms Joint Firearms Task Force is initiated in these cases. Persons in custody, who are categorized with a “Q” letter designation, will not be eligible to receive a DESK APPEARANCE TICKET (see P.G. 208-27, “Desk Appearance Ticket - General Procedure”). IF OCA # DESIGNATION BEGINS WITH THE LETTER “X”: NOTE OCA # designations that begin with the letter “X” are not warrants and this designation does not permit a hold on the subject unless other charges are made. These “X” designations require a notification to the Borough NITRO Unit concerned. This notification is intended to coordinate, develop, maintain and disseminate narcotics intelligence information. The NITRO Unit concerned will issue appropriate instructions. MEMBER CONCERNED 5. NOTE Persons in custody who are categorized with an “X” letter designation will not be eligible to receive a Desk Appearance Ticket. Notify Borough NITRO Unit concerned (ie., Central, Bronx, Brooklyn North, Brooklyn South, Manhattan North, Manhattan South, Queens, Staten Island, or the Organized Crime Control Bureau, Field Operations Desk between 2400 - 0800 hours), if OCA # designations are preceded by the letter “X.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-22 REVISION NUMBER: PAGE: 08/01/13 4 of 7 IF OCA # DESIGNATION BEGINS WITH THE LETTER “I”: NOTE OCA # designations that begin with the letter “I” are not warrants and this designation does not permit a hold on the subject unless other charges are made. These “I” designations require a notification to the Criminal Intelligence Section which is made to insure that the detective/investigator originating the “I” investigation is notified when the subject under investigation is arrested. Arresting officer should make every effort to notify Detective Squad concerned immediately. MEMBER CONCERNED 6. Notify Criminal Intelligence Section, if OCA # designations are preceded by the letter “I.” MEMBER CONCERNED, CRIMINAL INTELLIGENCE SECTION 7. 8. Confirm “HIT.” Issue appropriate instructions as per P.G. 208-23, “Computerized Investigation Card System.” NOTE WARRANTS Warrants are issued ORIGINATING CASE AGENCY (OCA) SERIAL NUMBERS by the Warrant Section to identify the warrant as follows: LETTER Designates the TYPE OF WARRANT and COURT OF ISSUANCE Followed by YEAR. YEAR Designates the year issued. Followed by NUMBER. NUMBER Indicates the BOROUGH DESIGNATION of the court and is followed by an additional/sequential number. Borough Designation # Manhattan - 1, Brooklyn - 2, Bronx - 3, Queens - 4, Richmond - 5 An example of an OCA # follows: OCA # R9710001 R Supreme Court/Bench Warrant 97 Year of Issuance Manhattan 1 00001 The first Supreme Court/Bench Warrant issued in Manhattan during the year 1997. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-22 NOTE (continued) REVISION NUMBER: PAGE: 08/01/13 5 of 7 The following is a list of the OCA # letter designations indicating WARRANT TYPE and COURT OF ISSUANCE: LETTER A B C D E F H J K N P R S T V W Y Z Q X I TYPE OF WARRANT Summons Summons/Unclassified MISD Bench Warrant/MISD. Bench Warrant/FELONY Arrest Warrant Arrest Warrant P.I.N.S. Juvenile Delinquent Bench Warrant/Violation Abuse/Neglect Violation Probation Bench Warrant Parole Violator Training School Bench/FEL vs Person Support Material Witness Fugitive Warrant Recidivist Narcotic Violator Investigation COURT Criminal Court Criminal Court VERIFICATION C.R.I.M.S. C.R.I.M.S Criminal Court Criminal Court Criminal Court Supreme Court Family Court Family Court Criminal Court Family Court Supreme Court Supreme Court Dept. of Parole Div. for Youth Fac. Criminal Court Family Court D.A. Office F.O.A. Not a warrant Not a warrant Not a warrant C.R.I.M.S. C.R.I.M.S. C.R.I.M.S. C.R.I.M.S. Family Court Family Court C.R.I.M.S. Family Court C.R.I.M.S. C.R.I.M.S. WD/T.I.U. Family Court C.R.I.M.S. Family Court WD/T.I.U. WD/T.I.U. Notify Unit Concerned NITRO Criminal Intelligence Section/Det. Squad Concerned After conducting ADW search and the inquiry reveals an OCA # designation preceded by the letter A, B, C, D, F, H, J, K, N, P, R, S, T, V, W, Y, or Z, this is an indication of POSSIBLE WARRANT and is not sufficient authority for arrest. MEMBER CONCERNED 9. Conduct an OCA # inquiry by accessing the application ADW, on any Department LAN as follows: a. Select the ADW icon and enter tax number at the sign in prompt b. Reference “Queries” at the top of the screen c. Select “OCA Number Search” d. Enter the complete OCA number in the “Search for” box e. Under “Tables to Search” select “Selected Tables” and “Warrant” f. Depress the “OK” button NOTE This search will provide the entire warrant data on the specific warrant OCA # as required. IF OCA # DESIGNATION BEGINS WITH THE LETTER A, B, C, D, E, F, K, P, R, V, Y OR Z (CRIMINAL COURT OR SUPREME COURT WARRANTS): MEMBER CONCERNED 10. MUST conduct a further inquiry via Criminal Record Information and Management System (C.R.I.M.S.) court computer application, which will provide “the last status of the warrant.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-22 NOTE REVISION NUMBER: PAGE: 08/01/13 6 of 7 Family Court and Parole Warrant status cannot be verified utilizing the Criminal Record Information and Management System (C.R.I.M.S.) court computer application. If ADW search indicates letter designations H, J, N, T, or W, these are Family Court warrants and require verification from the Family Court concerned (i.e., Manhattan, Brooklyn, Bronx, Queens and/or Staten Island). A docket number is needed. Telephone verifications are to be done during Family Court business hours, 0900 to 1700 hours, Monday through Friday. “J” (Juvenile Warrants) can be verified by contacting Youth Records (Real Time Crime Center). If ADW search indicates letter designation “S,” this is a Parole Warrant and must be verified by the Warrant Section, Telephone Inquiry Unit or through the NYS Division of Parole. TO GAIN ACCESS TO C.R.I.M.S. FOR WARRANT VERIFICATIONS: NOTE C.R.I.M.S. is controlled by the N.Y.S. Office of Court Administration. User access is granted by the state and members can apply for access via NYS Unified Court System CRIM Application Security Request For NON-UCS Personnel (Form UCS-SEC-1 CRIM) by contacting the NYS Office of Court Administration. MEMBER CONCERNED 11. 12. NOTE As you type in PASSWORD, it will not appear on screen. 13. 14. 15. NOTE Go to Host-on-Demand. a. Double-click on the OCA icon Type in: a. User name b. Password Press ENTER (OCA/CICS Application screen appears). Choose: a. CRIM - (to search for cases in Criminal Court) b. CRMS - (to search for cases in Supreme Court) c. Press enter. Enter the county you wish to search (must use county name, e.g., “Kings” for Brooklyn). a. Press enter. The C.R.I.M.S. system can only be searched by county/borough. This program does not search citywide. 16. 17. Type in Docket #, or Arrest #, or NYSID #. Press ENTER. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-22 NOTE REVISION NUMBER: PAGE: 08/01/13 7 of 7 IMPORTANT HELPFUL KEYS - ENTER key (advances page); PF 5 key (scrolls back); PF 4 key (retrieves APPLICATION ID screen used to access other boroughs); PF 3 key (retrieves IDENTIFIER screen). The primary purpose of conducting this inquiry is to verify the status of warrants. In an effort to ensure that the information in C.R.I.M.S. is interpreted properly, a list of court dispositions that indicate a warrant has been ordered on the defendant’s last court appearance has been compiled as follows: CRIMINAL COURT Abbreviation Literal Meaning W.O. B.F.W.O. C.W.O. P.R.W.O. Warrant Ordered Bail Forfeited, Warrant Ordered Complaint and Arrest Warrant Ordered Parole Revoked, Warrant Ordered SUPREME COURT S.I.A.W.O. T.C.A.W.O. T.F.G.I.A.W.O. ADDITIONAL DATA Sentence Imposed in Absentia, Warrant Ordered Trial Conducted in Absentia, Warrant Ordered Tried and Found Guilty in Absentia, Warrant Ordered If C.R.I.M.S. response to inquiry indicates “NO PUBLIC RECORD” or “PURGED CASE” on an “A” or “B” warrant (summons) or “C” warrant (misdemeanor), the warrant has been VACATED. If same response on any other warrant, verify with the court of issuance. If a response indicates “NO RECORD FOUND,” make inquiry with NYSID #, if available. Additional C.R.I.M.S. instructions are provided in the C.R.I.M.S. Manual BM 633 (10-92) Court Computer Program for Warrant Verification. Where any doubt exists, a verification should be made directly from the court records or if unable to determine warrant status via C.R.I.M.S. at the precinct level or if there are any operational questions, contact the Warrant Section, Telephone Inquiry Unit. Provide Telephone Inquiry Unit member concerned with: arresting officer’s name, shield #, tax registry #, call back telephone number, name of subject, subject’s date of birth, warrant OCA #, docket # (if available) and NYSID # (if any). THIS INQUIRY IS TO BE MADE ONLY AFTER A NAME CHECK VIA ADW IS PERFORMED AT A PRECINCT/COMMAND. If Department Local Area Network (LAN) terminal is inoperative, request the patrol borough to conduct the checks. Should the borough terminal also be inoperative, an adjoining precinct/designated arrest facility will be requested to conduct these checks. If the entire LAN system is out of service for more than twenty minutes the Central Warrant Unit will be requested by telephone to process and supply the necessary checks. If system functional problems are encountered, contact the Management Information Systems Division, Help Desk. RELATED PROCEDURES Computerized Investigation Card System (P.G. 208-23) Desk Appearance Ticket - General Procedure (P.G. 208-27) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-23 COMPUTERIZED INVESTIGATION CARD SYSTEM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To ensure that an investigator originating an INVESTIGATION CARD (PD373-163), commonly referred to as I-CARD, is notified when the individual named in INVESTIGATION CARD comes into contact with the police. PROCEDURE When processing an arrest or conducting an investigation in non-arrest situations: ARREST SITUATIONS ARRESTING OFFICER 1. 2. Follow appropriate arrest processing guidelines. Determine if the prisoner is wanted as the result of an INVESTIGATION CARD having been filed. a. WNAM – search by name and DOB and by ALL “alias” names and dates of birth. b. WNYS – search by prisoner’s NYSID number if known. (This inquiry may show prisoner is wanted under different name). NOTE Arresting officers MUST ENSURE that prisoners who are wanted as the result of being named on an INVESTIGATION CARD are immediately identified, and the required notifications are made, and appropriate actions are taken. Therefore, the computer inquiries described in step “2” MUST be performed for EVERY prisoner regardless of whether the prisoner is charged with a felony, misdemeanor, violation or traffic infraction; and, regardless of whether the prisoner will be detained until arraignment, or released after being issued a Desk Appearance Ticket or Universal Summons. If a “hit” is revealed, such “hit” will be circled on the FINEST printout. The caption “Search Completed” will also be circled and signed by the FINEST operator. If there is “no hit,” the words “no hit” will be entered adjoining the same caption. If the FINEST system exhibits the prisoner’s name followed by an OCA number that begins with the letter “I”, the member conducting the inquiry will record the number, clear the screen, enter “INIQ/I” and the nine digit number that follows the letter “I”. The arresting officer will telephone the Criminal Intelligence Section and notify the member on duty thereat. The Criminal Intelligence Section will confirm the “hit” and issue appropriate instructions. CRIMINAL INTELLIGENCE SECTION MEMBER 3. Make an ACTIVITY LOG (PD112-145) entry regarding the information obtained regarding the INVESTIGATION CARD “hit”; and, include the name of the Criminal Intelligence Section member contacted, and the command originating INVESTIGATION CARD. 4. Verify INVESTIGATION CARD “hit”; and, provide the arresting officer with the following information: a. The involved offense; and, b. Whether the individual is listed as a “Perpetrator” or “Suspect” or “Witness”; and, NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-23 CRIMINAL INTELLIGENCE SECTION MEMBER (continued) REVISION NUMBER: PAGE: 08/01/13 2 of 4 c. 5. 6. 7. All other relevant information and instructions that were listed on the INVESTIGATION CARD by the assigned investigator. Record name, shield number and command of arresting/notifying officer. Notify detective borough “wheel” of details of INVESTIGATION CARD “hit”; and, the name and command of investigator who submitted INVESTIGATION CARD and, the name, tax number and command of member of the service confirming INVESTIGATION CARD “hit”; and, location of the individual; and, that the individual is under arrest for an offense. Record name and tax number of detective borough “wheel” receiving notification. INDIVIDUAL IS NOT UNDER ARREST FOR AN OFFENSE MEMBER CONCERNED 8. 9. 10. 11. 12. Comply with steps “2” and “3”, and the “NOTE” following step “2”. Telephone the Criminal Intelligence Section and: a. Confirm the INVESTIGATION CARD “hit”. b. Advise the Criminal Intelligence Section member that the individual named in the INVESTIGATION CARD is not under arrest for an offense. c. Obtain information regarding the involved offense and whether the individual is listed as a “Perpetrator” or “Suspect” or “Witness” on the INVESTIGATION CARD. d. Obtain all other relevant information and instructions that were listed on the INVESTIGATION CARD by the assigned investigator. If the individual named on the INVESTIGATION CARD is described as “Perpetrator - Probable Cause To Arrest”, then detain the person and obtain instructions from the appropriate authority, (e.g., investigator, investigative supervisor, detective captain.) If the individual named on the INVESTIGATION CARD is described as “Suspect Only - No Probable Cause To Arrest”, then: a. DO NOT handcuff or otherwise physically restrain the individual; and, b. Inform the individual he/she is free to leave at any time; and, c. If possible, comply with the instructions provided by the investigator in the “Specific Instructions for Apprehending Officers” caption box of the INVESTIGATION CARD; and, d. If applicable, attempt to get the individual to voluntarily consent to remain until an investigator arrives. If the individual named on the INVESTIGATION CARD is described as “Witness”, then: a. Do NOT handcuff or otherwise physically restrain the individual; and, b. Inform the individual he / she is free to leave at any time; and, NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-23 PAGE: 08/01/13 c. MEMBER CONCERNED (continued) d. NOTE REVISION NUMBER: 3 of 4 If possible, comply with the instructions provided by the investigator in the “Specific Instructions for Apprehending Officers” caption box of the INVESTIGATION CARD; and, If applicable, attempt to get the individual to voluntarily consent to remain until an investigator arrives. When an individual is not under arrest for an offense, the existence of an INVESTIGATION CARD identifying the individual as a “Suspect” or “Witness” is insufficient authority to arrest or involuntarily detain the individual. However, the individual may voluntarily consent to remain. 13. 14. 15. CRIMINAL INTELLIGENCE SECTION MEMBER 16. 17. 18. DESK OFFICER/ COUNTERPART 19. Make ACTIVITY LOG entry of information received on the INVESTIGATION CARD “hit.” Notify desk officer of INVESTIGATION CARD “hit” and all pertinent facts. Verify INVESTIGATION CARD “hit”; and, provide the member concerned with the following information: a. The involved offense; and, b. Whether the individual is listed as a “Perpetrator” or “Suspect” or “Witness”; and, c. All other relevant information and instructions that were listed on the INVESTIGATION CARD particularly the information and instructions that were entered in the “Specific Instructions for Apprehending Officers” caption box of the INVESTIGATION CARD. Record name, tax number and command of member confirming INVESTIGATION CARD “hit”; and, the location of the individual. Notify detective borough “wheel” of details of INVESTIGATION CARD “hit”; and, the name and command of investigator who submitted INVESTIGATION CARD; and, the name, tax number and command of member of the service confirming INVESTIGATION CARD “hit”; and, location of the individual; and, that the individual is NOT under arrest for an offense. Record name and tax number of detective borough “wheel” receiving notification. If the individual named on the INVESTIGATION CARD is listed as “Witness” or “Suspect Only - No Probable Cause To Arrest”, unless specifically informed by the Criminal Intelligence Section that the person in question is to be arrested, then: a. Ensure that the individual is NOT handcuffed or otherwise physically restrained; and, b. Ensure that the individual is informed that he / she is free to leave at any time; and, NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-23 DESK OFFICER/ COUNTERPART (continued) PAGE: 08/01/13 c. d. FORMS AND REPORTS REVISION NUMBER: 4 of 4 Ensure that, if possible, the instructions provided by the investigator in the “Specific Instructions for Apprehending Officers” caption box of the INVESTIGATION CARD are performed; and, Ensure that, if applicable, an attempt is made to get the individual to voluntarily consent to remain until an investigator arrives. ACTIVITY LOG (PD 112-145) INVESTIGATION CARD (PD 373-163) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-24 IDENTIFICATION LINEUPS/SHOWUPS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To ensure fair and proper proceedings when lineup/showup identifications are conducted. DEFINITIONS IDENTIFICATION LINEUP - Placing of criminal suspect in lineup with at least five other persons for purpose of identification by victim or witnesses. IDENTIFICATION SHOWUP - Prompt, on-the-scene presentation of a suspect singly, in a one-to-one display, to an identifying witness, for expeditious identification and/or early release of an innocent suspect. PROCEDURE When a criminal suspect in police custody is to be placed in an identification lineup at stationhouse or other place of confinement: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Suspect must be arrested before being forced to appear in a lineup. However, an arrest is not necessary if the suspect voluntarily consents to appear in a lineup. Identification procedures ordinarily are not necessary where the witness/victim and the perpetrator are known to each other, including relatives or other close acquaintances OR the perpetrator is apprehended by a police officer in the act of committing the crime. 2. 3. 4. 5. NOTE Give suspect Miranda warnings, if he/she is to be interrogated before, during or after lineup. Inform suspect that he/she will appear in lineup for purpose of identification in connection with a crime. Do not advise suspect of the right to an attorney. Inform suspect that he/she does not have a right to a lawyer if an attorney is requested for the lineup. Prior to conducting lineup, detective supervisor concerned or a qualified supervisor of an investigative unit will be consulted and will personally supervise the entire procedure and ensure that LINEUP REPORT (PD373-141) is completed. 6. 7. NOTE Resolve any doubt concerning need for, or legality of, conducting a lineup or showup by conferring with patrol supervisor/desk officer. Permit an attorney who is present at the site of a lineup to observe manner in which lineup is conducted. a. Attorney may observe lineup from room where it is conducted or from any place where he/she cannot be observed. Inform an attorney who contacts the police and states that he/she represents the suspect and that he/she wishes to be present when lineup is conducted, that the lineup will be delayed for a reasonable time to permit him/her to appear. When determining what is a reasonable delay, the uniformed member conducting the lineup should consider whether the delay would result in a significant inconvenience to the witness OR would undermine the substantial advantages of a prompt identification. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-24 UNIFORMED MEMBER OF THE SERVICE (continued) PAGE: 08/01/13 8. 9. 10. DETECTIVE SUPERVISOR REVISION NUMBER: 11. 12. 13. 14. 15. 16. 17. 18. 19. 2 of 3 Do not permit attorney to talk to witnesses participating in the identification of the suspects. Inform attorney that suggestions concerning the lineup should be directed to the officer conducting the lineup. Do not permit attorney to interfere when conducting a lineup. a. The uniformed member conducting the lineup may consider suggestions of the attorney to improve the fairness of the lineup if suggestions are reasonable and practical. Ensure lineup is conducted properly. Have witnesses interviewed separately, prior to lineup. a. Obtain and record description of suspect. Take precautions to prevent persons participating in lineup from being seen by witnesses prior to lineup. Record the following: a. Details of procedure utilized b. Specific utterances of any person, e.g., speaking words used at crime scene c. Actions of participants required to facilitate identification, e.g., trying on clothing, etc. d. Responses or statements made by witnesses e. Names, addresses/commands of all persons present including police and other officials. Prepare diagram with circles to represent position of each person in lineup. a. Instruct witness not to comment on recognition but indicate circle which represents person recognized. Mark and retain diagram after identification. Have suspect viewed with at least five other persons who are unknown to witness. Conduct separate lineup for each suspect apprehended. a. Use different fillers in each lineup. Select lineup participants as follows: a. Same sex and race as suspect. b. Approximately same age, height and physical makeup as suspect: (1) If minors under eighteen years of age are recruited as nonsuspect lineup participants: (a) Obtain written permission of parent or legal guardian on CONSENT FORM - NON-SUSPECT MINOR (PD 377-030), using English or Spanish version, as appropriate, prior to lineup. (b) Institute measures to isolate minors from harmful influences in area of lineup. (c) Have precinct youth officer present, if possible. (d) Prevent photographs of lineup from being used for purposes other than evidence. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-24 PAGE: 08/01/13 3 of 3 c. DETECTIVE SUPERVISOR (continued) 20. 21. 22. 23. 24. 25. 26. 27. 28. ADDITIONAL DATA REVISION NUMBER: Similarly clothed. (1) Prevent wearing of any distinctive part of police uniform by police participants. (2) Cover unusual or distinctive clothing worn by suspect. d. Caution non-suspect participants against indicating position of suspect. e. Permit suspect to select position in lineup or, if refused, place suspect in fair position. Prevent interrogation of suspect while being viewed by witness. Do not require lineup participants to say or do anything unless all participants are required to do the same. Refrain from assisting witness to identify suspect. Prevent witnesses from speaking to each other before, during or after viewing lineup. a. Separate witnesses after each viewing. b. Do not indicate to witnesses if identification was or was not made. Have witnesses view lineup separately. Permit witnesses to view lineup from another room or hidden location, if necessary. a. Consider distance in this type of identification. Allow masking of viewers when necessary. Take color polaroid photographs of lineups being viewed by witnesses, when possible. Under no circumstances will black & white film be used. Consult Legal Bureau or District Attorney if difficulties are encountered during lineup. Emergency identification showups may be conducted when a witness is ill or injured and may die before proper identification procedures can be complied with. However, every effort should be made to institute lineup procedures and safeguards at the hospital. Criminal suspects may be returned to crime scene or held for viewing by a witness only if: a. Seizure of a suspect is effected within a reasonable time after the commission of the crime. (Usually, one hour is considered reasonable but facts of case may permit increasing the time period) AND, b. Seizure of a suspect is effected within an area reasonably near the crime scene. (Consider distance that could reasonably be covered within time period given and under circumstances present) AND, c. Suspect is shown to witness in a fair and reasonable manner which is not unnecessarily suggestive. RELATED PROCEDURES Rights of Persons Taken into Custody (P.G. 208-09) FORMS AND REPORTS CONSENT FORM - NON-SUSPECT MINOR (PD 377-030) LINEUP REPORT (PD373-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-25 FIRST AND THIRD PLATOON ARRESTS DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To provide directions to uniformed members of the service required to work beyond normal expiration of tour of duty after making first or third platoon arrests. PROCEDURE When a uniformed member of the service performing duty with the first or third platoon effects an arrest which results in working beyond the normal expiration of scheduled tour of duty and officer is scheduled to perform duty with the same platoon the following day: FIRST PLATOON ARRESTS UNIFORMED MEMBER OF THE SERVICE NOTE 1. Continue working beyond normal expiration of scheduled tour of duty, if required, to process arrest and comply with the following categories, as appropriate: CATEGORY A If officer returns from court WITHIN SIX HOURS OF NEXT SCHEDULED 1ST PLATOON TOUR OF DUTY: Option (1) Perform next scheduled tour of duty with 1st Platoon, or Option (2) Request next scheduled 1st Platoon tour of duty be rescheduled to the 2nd Platoon tour of duty, or Option (3) Submit LEAVE OF ABSENCE REPORT (PD433-041) for excusal from the next scheduled tour of duty with 1st Platoon. CATEGORY B Returns from court AFTER COMMENCEMENT OF NEXT SCHEDULED 1st PLATOON TOUR OF DUTY: Option (1) Perform balance of the 1st Platoon tour of duty or Option (2) Submit LEAVE OF ABSENCE REPORT for excusal from the remainder of the 1st Platoon tour of duty. Whenever a uniformed member of the service elects to perform the next scheduled 1st Platoon tour of duty or to complete the balance of the 1st Platoon tour of duty (OPTION 1 in CATEGORIES A and B), such officer will be assigned to appropriate police duties of a non-patrol/non-enforcement nature. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-25 REVISION NUMBER: PAGE: 08/01/13 2 of 3 THIRD PLATOON ARRESTS UNIFORMED MEMBER OF THE SERVICE 2. Continue working beyond normal expiration of scheduled tour of duty, if required, to process arrest and comply with the following categories, as appropriate. CATEGORY A Reaches the District Attorney’s Complaint Room or other location designated for preparation of the court affidavit by 0800 hours, officer will automatically be rescheduled to the 2nd Platoon, and overtime ends as of 0800 hours, or CATEGORY B Does not reach the District Attorney’s Complaint Room or other location designated for the preparation of the court affidavit by 0800 hours, officer continues on duty on overtime until Complaint Room processing is completed or until the start of his next scheduled tour of duty, whichever comes first. If arrest processing is completed prior to the start of next scheduled 3rd Platoon tour of duty, officer will be dismissed at that time. If arrest processing is not completed prior to the start of the next 3rd Platoon tour of duty, the officer will continue working that tour and upon return to command: Option (1) Complete remainder of scheduled tour, or Option (2) Request excusal for remainder of scheduled tour, needs of the service permitting. NOTE A uniformed member of the service who elects to continue and complete scheduled 3rd Platoon tour of duty will be assigned to non-patrol/non-enforcement duty. ADDITIONAL DATA To enhance auditing procedures regarding court appearances with related overtime, uniformed members of the service will comply with the following when court attendance results in overtime: a. Attach OVERTIME REPORT (PD 138-064) to related COURT ATTENDANCE RECORD (PD468-141) and submit to desk officer/supervisor for approval. b. Desk officer/supervisor will ensure that OVERTIME REPORTS and COURT ATTENDANCE RECORDS are properly prepared and attached as required. c. OVERTIME REPORTS submitted for attendance at court without the required COURT ATTENDANCE RECORD attached, shall NOT be approved by desk officer/supervisor without an investigation being conducted. d. After the desk officer/supervisor concludes the investigation, the overtime may be approved if appropriate. However, a copy of the report detailing the facts of the investigation will be attached to the OVERTIME REPORT in lieu of the missing COURT ATTENDANCE RECORD. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-25 NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 Payroll clerks shall process OVERTIME REPORTS with COURT ATTENDANCE RECORDS/Investigative Reports attached and file with related PAYMENT REQUESTS (PD 138-066) as directed by A.G. 320-12, “Overtime Report.” COURT ATTENDANCE RECORDS not involving overtime will continue to be filed as directed in P.G. 211-01, “Duties And Conduct In Court.” The procedure outlined above will apply whether cash or time compensation is selected for the overtime and regardless of the reason for the court appearance. RELATED PROCEDURES Duties and Conduct in Court (P.G. 211-01) Overtime (P.G. 205-17) Overtime Report (A.G. 320-12) FORMS AND REPORTS COURT ATTENDANCE RECORD (PD468-141) LEAVE OF ABSENCE REPORT (PD433-041) OVERTIME REPORT (PD138-064) PAYMENT REQUESTS (PD138-066) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-26 FORFEITURE PROCEEDINGS FOR SEIZED PROPERTY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To retain custody of property (vehicles, money, etc.) seized during the course of an arrest or investigation as the proceeds of crime, or as a means of furthering a crime, or as a means of transporting or concealing illegal substances, or as unlawfully obtained. DEFINITION Property, including vehicles or money, for which forfeiture proceedings may be instituted: a. VEHICLES (1) Where the vehicle is used in used in the unlawful transportation of controlled substances, marijuana, gambling devices and/or records; or (2) Where the vehicle is used as a means of facilitating the sale or possession of controlled substances or marijuana, furthering illegal gambling, or committing any other criminal activity; or (3) Where the vehicle is unlawfully obtained or stolen and the true owner cannot be identified. b. ALL OTHER PROPERTY, EXCEPT CONTRABAND, WHERE THERE IS REASONABLE CAUSE TO BELIEVE THAT THE PROPERTY WAS: (1) Unlawfully obtained (owner not identified) (2) Stolen (owner not identified) (3) The means of committing, aiding or furthering a crime, or (4) The proceeds of crime. PROCEDURE When property is seized as evidence or for investigation under circumstances in which forfeiture proceedings may be initiated, follow normal arrest/invoicing procedures and: ARRESTING/ INVESTIGATING OFFICER 1. 2. DESK OFFICER 3. 4. Seize property. a. If no arrest is made, confer with immediate supervisor and obtain consent. b. Property will normally be seized for forfeiture in connection with a felony or misdemeanor arrest but may also be held for investigation, under certain circumstances, without an arrest, e.g., if the true owner is not yet determined or arrest of the true owner is contemplated. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521141A), as appropriate. a. On PROPERTY CLERK INVOICE WORKSHEET, check box “Arrest Evidence” or “Investigatory Evidence,” as appropriate. In addition, make entry under ‘Remarks’ section ‘Held For Forfeiture Proceedings,’ and state reasons for forfeiture recommendation in detail. Direct command clerk to prepare PROPERTY CLERK INVOICE (PD521-141) from WORKSHEET, utilizing the Property and Evidence Tracking System. Ensure “Prisoner/Finder/Owner” copy of PROPERTY CLERK INVOICE and NOTICE TO PERSONS FROM WHOM PROPERTY NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-26 PAGE: 08/01/13 DESK OFFICER (continued) 5. NOTE REVISION NUMBER: 2 of 2 HAS BEEN REMOVED BY THE POLICE DEPARTMENT (PD521124) is issued to person from whom property was removed. a. Make Command Log entry if forms were issued or if person refused acceptance. Review facts and determine whether forfeiture is appropriate. If the property to be forfeited is a vehicle seized by the Narcotics Division, a Request for Forfeiture Proceedings form should be prepared and forwarded directly to the Commanding Officer, Legal Bureau. (The uniformed member of the service’s command telephone number should be included). 6. Forward property to Property Clerk’s Storage Facility with: a. Appropriate copies of PROPERTY CLERK INVOICE prepared b. Copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), if prepared c. Copy of COMPLAINT FOLLOW-UP (PD313-081), if prepared d. Copy of search warrant or other investigating documents, if prepared. PROPERTY CLERK 7. Forward documents in support of forfeiture to Legal Bureau when a claimant makes a demand for return of property. LEGAL BUREAU 8. Notify arresting officer if forfeiture proceeding is commenced. ARRESTING/ INVESTIGATING OFFICER 9. Comply promptly with requests received from Legal Bureau to conduct additional investigation, sign affidavits, supply additional documentation, provide testimony, etc. ADDITIONAL DATA Only ten working days are allowed for commencing forfeiture proceedings once a proper demand is made at an office of the Property Clerk for return of the property. Therefore, all steps in this procedure must be complied with promptly. RELATED PROCEDURES Follow-up Investigations of Complaints Already Recorded (P.G. 207-09) Invoicing Property - General Procedure(P.G. 218-01) Unlicensed Peddler Forfeiture Program (P.G. 218-41) Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner (P.G. 218-19) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT (PD521-124) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-27 DESK APPEARANCE TICKET - GENERAL PROCEDURE DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 11 PURPOSE To issue a DESK APPEARANCE TICKET in lieu of detention. DEFINITIONS DESK APPEARANCE TICKET (DAT) - an appearance ticket issued in lieu of detention, at the direction of a desk officer, for misdemeanors, violations, and certain Class “E” felonies for hospitalized prisoners (see “ADDITIONAL DATA”). UNCOOPERATIVE ACTIONS - Circumstances that occur during or subsequent to an arrest when the person and/or persons being arrested become completely limp or refuse to provide assistance in movement, or have to be carried from the arrest location, effectively taxing police resources during an arrest. Uncooperative actions alone would not support a charge of Resisting Arrest, though they may support a charge of Obstructing Governmental Administration 2nd Degree. DAT LOG – Department record book, maintained by desk officer, captioned across a double page as follows: (LEFT PAGE) DAT Arrest Arrest # Defendant’s Charge(s) Serial # Date Name (RIGHT PAGE) Command Tax # Contact # Date/Time DAT Package Received Return Date Arresting Officer Date/Time DAT Delivered to Borough D.O. Initials PROCEDURE When arresting a prisoner charged with a misdemeanor or violation: ARRESTING OFFICER 1. Comply with appropriate arrest processing guidelines and remove prisoner to precinct of arrest/designated arrest facility and advise desk officer of facts. DESK OFFICER 2. Inform prisoner that he/she may be issued a DESK APPEARANCE TICKET, if qualified. a. Refer to ADDITIONAL DATA statement under heading, “DESK APPEARANCE TICKET GUIDELINES” for DAT issuance guidelines. b. Refer to ADDITIONAL DATA statement under heading, “UNLAWFUL POSSESSION OF MARIHUANA ARRESTS”, if only charge against prisoner is Unlawful Possession of Marihuana (Penal Law section 221.05, violation) and the prisoner does not qualify for a summons. Direct arresting officer to ascertain the defendant’s identity in accordance with P.G. 208-28, “Identification Standards for Desk Appearance Tickets.” Direct arresting officer to conduct interview using DESK APPEARANCE TICKET INVESTIGATION (PD360-091). 3. 4. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-27 REVISION NUMBER: PAGE: 08/01/13 2 of 11 IF INDIVIDUAL IS NOT DISQUALIFIED UNDER THE FIVE STEP ELIGIBILITY PROCESS: DESK OFFICER 5. 6. 7. 8. 9. BOROUGH COURT SECTION 10. Ensure that Identification Section is conferred with to determine if prisoner has a previous conviction which would raise the current charge to a felony: a. The current charge entered on the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) will not be changed solely from information received by telephone. Ensure that arrest data is entered into the OMNIFORM System and the prisoner is fingerprinted immediately utilizing “LIVESCAN.” a. Arrest processing type “Desk Appearance Ticket” must be used, EXCEPT for those DAT(S) returnable to Community Court (Midtown or Red Hook), in which case arrest processing type “Community Court Desk Appearance Ticket” MUST be utilized. Have arresting/assigned officer complete all DAT arrest related paperwork while awaiting the results of the fingerprint check. Monitor the OMNIFORM system to determine if DAT has been approved: a. Users will sign-on to OMNIFORM and select “DAT Processing” b. Select “Awaiting DAT” from the drop-down menu c. Enter Command in the “Search by Command” field d. A list of DAT(S) currently being processed will be displayed e. Review the “DAT OK” column for results f. If the response reads “NO,” a DAT must not be issued and the prisoner must be processed online (1) If OMNIFORM DAT Arrest Info Screen indicates that the prisoner has warrants, is on parole/probation, is a recidivist, owes DNA, etc., the system will automatically preclude the desk officer from issuing a DAT. g. If the response reads, “WAIT” the processing of the fingerprints is not complete and the member should check back at reasonable intervals h. If the response reads “YES,” click the “DAT” button i. Assign DESK APPEARANCE TICKET serial number and complete appropriate captions in DAT Log. j. Enter the Return Date (obtained as per borough guidelines), Time, Arraignment Part, DAT Serial Number and Court, in applicable captions k. Select “Update” and review the DAT l. Select the “Print” icon to print the DAT. Contact the borough court section to ascertain the status of the fingerprint check, if the OMNIFORM system indicates “Wait” after four hours from the time the prisoner was fingerprinted. Determine the processing status of the prisoner’s fingerprints and request that the Division of Criminal Justice Services expedites the required fingerprint search. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-27 PAGE: 08/01/13 DESK OFFICER 11. 12. 13. 14. 15. ARRESTING OFFICER REVISION NUMBER: 16. 17. 18. 3 of 11 Inform prisoner of ineligibility for DESK APPEARANCE TICKET if: a. Excluded by guidelines listed in ADDITIONAL DATA statement under heading, “DESK APPEARANCE TICKET GUIDELINES,” OR, b. The prisoner fails the five-step eligibility process, OR, c. The prisoner has a previous conviction which would raise the current charge to a felony. Inform prisoner not eligible for DESK APPEARANCE TICKET that he/she may be processed for bail. a. Bail will not be accepted if the prisoner owes DNA. Direct issuance of DESK APPEARANCE TICKET if prisoner is eligible and is likely to appear in court on the return date. Request precinct detective squad or other investigative unit to debrief prisoner, if appropriate. Ensure that arrest processing officer, or other designated member, utilizes the computerized DAT system through any FINEST or LAN terminal which has OMNIFORM access, in accordance with the simplified DAT Issuance Procedures listed in step “8,” above. a. Ensure the original DAT is signed by: (1) Prisoner (2) Issuing officer (3) Desk officer. b. Ensure that three photocopies of the DAT are prepared, and copies are filed as listed: (1) Original - included in DAT ARREST PACKAGE (2) Copy - defendant (3) Copy - arresting officer/complainant (4) Copy - command file. c. Utilize snap-out version of DESK APPEARANCE TICKET (PD260-121) only if command does not have a computerized DAT system (FINEST or LAN terminal which has OMNIFORM access), or if such system becomes non-operational. (1) Notify borough court section supervisor if snap-out version of DAT issued. Make DESK APPEARANCE TICKET returnable to arraignment part of Criminal Court except if: a. Returnable to Family Court b. Necessary to permit arraignment of all prisoners in same Court Part c. Returnable to Community Court. Enter name, address, and telephone number of civilian complainant, if any, in space marked “Additional Instructions” on original copy of DESK APPEARANCE TICKET ONLY (i.e., copy which is included in the DAT ARREST PACKAGE (PD260-123) forwarded to court). Deliver completed DESK APPEARANCE TICKET and arrest related documents in the DAT ARREST PACKAGE envelope to the desk officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-27 PAGE: 08/01/13 DESK OFFICER 19. 20. 21. 22. 23. BOROUGH COURT SECTION REVISION NUMBER: 4 of 11 Check all arrest related paperwork for completeness and accuracy. a. Ensure that all required arrest paperwork is included in the DAT ARREST PACKAGE by utilizing the check boxes listed on the front of the envelope. Ensure a Prisoner Movement Slip, with digital photograph, is generated. a. Two copies of the Prisoner Movement Slip must be included in the DAT ARREST PACKAGE. Attach printouts of all warrant checks conducted (as per P.G. 208-22, “Performing Local, State and Federal Warrant Checks”) to DESK APPEARANCE TICKET INVESTIGATION and include in DAT ARREST PACKAGE. Forward DESK APPEARANCE TICKET INVESTIGATION: a. With DAT ARREST PACKAGE when issued, OR b. To borough court section booking facility with escorting officer and prisoner, when not issued. File “denied” DESK APPEARANCE TICKET INVESTIGATION(S) in a separate file by arrest date. COMMANDS NOT UNDER PATROL SERVICES BUREAU, HOUSING BUREAU, OR TRANSIT BUREAU SUPERVISOR CONCERNED 24. 25. PRECINCT/ POLICE SERVICE AREA/TRANSIT DISTRICT DESK OFFICER 26. Forward completed DAT ARREST PACKAGE to the precinct, police service area, or transit district which issued the DAT serial number. a. Ensure package is delivered by midnight (2400 hours) on date of arrest. Notify desk officer of the command which issued the DAT serial number prior to midnight of reason for the delay (e.g., late arrest), if delivery of DAT ARREST PACKAGE cannot be completed by midnight. a. Deliver package directly to appropriate patrol borough, housing borough, or transit borough, prior to the second platoon, if delivery of DAT ARREST PACKAGE cannot be completed by midnight. Make a Command Log entry when notified by a supervisor from outside command that delivery of the DAT ARREST PACKAGE will not be completed by midnight on date of arrest. a. Notate “PENDING” in the left margin of the DESK APPEARANCE TICKET INDEX (PD260-122), next to appropriate DAT serial number. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-27 REVISION NUMBER: PAGE: 08/01/13 5 of 11 DELIVERY OF DAT ARREST PACKAGES TO BOROUGH PRECINCT/ POLICE SERVICE AREA/TRANSIT DISTRICT DESK OFFICER, FIRST PLATOON 27. 28. 29. COMMAND MESSENGER 30. 31. Prepare DESK APPEARANCE TICKET INDEX (PD260-122), listing all DAT(S) issued during the previous twenty-four hour period, in numerical order, by DAT serial number. a. Sign name in caption provided on bottom of form. Direct a uniformed member of the service to deliver the DESK APPEARANCE TICKET INDEX and all DAT ARREST PACKAGE(S) to the Patrol Borough, Housing Borough, or Transit Borough, as appropriate, prior to 0100 hours. Make Command Log entry including arrest number(s), DAT serial number(s), arresting officer, and messenger’s rank and name. Safeguard and deliver the DESK APPEARANCE TICKET INDEX and all DAT ARREST PACKAGES to the applicable borough, as directed by the desk officer. a. Obtain receipt signature from the receiving borough member on DESK APPEARANCE TICKET INDEX. Deliver command copy of DESK APPEARANCE TICKET INDEX to desk officer. PRECINCT/ POLICE SERVICE AREA/TRANSIT DISTRICT DESK OFFICER, FIRST PLATOON 32. 33. File command copy of DESK APPEARANCE TICKET INDEX. Enter disposition (i.e., date/time DAT(S) delivered to borough) of DAT ARREST PACKAGE(S) in applicable captions of DAT Log. PATROL/ HOUSING/ TRANSIT BOROUGH MEMBER 34. Receipt for delivery of DAT(S) on the DESK APPEARANCE TICKET INDEX. a. File applicable copy of DESK APPEARANCE TICKET INDEX. Prepare DESK APPEARANCE TICKET TRANSMITTAL TO BOROUGH COURT SECTION (PD260-122A), listing all DAT ARREST PACKAGE(S) to be sent to borough court section. Ensure that all DAT ARREST PACKAGE(S), along with the DESK APPEARANCE TICKET TRANSMITTAL TO BOROUGH COURT SECTION, are delivered to the appropriate borough court section DAT office on the second platoon, Monday through Friday. 35. 36. ARRESTING OFFICER 37. Respond to Court Sign-In Room, if notified to appear at District Attorney’s Complaint Room to draw up court complaint. a. Proceed to appropriate location as directed by court section personnel or as indicated on notification. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-27 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 11 OPERATIONAL CONSIDERATIONS DAT issuance should never be based solely upon the OMNIFORM system checks. Members of the service must conduct checks required by this procedure prior to entering the ON-LINE BOOKING SYSTEM ARREST WORKSHEET into the OMNIFORM system. OMNIFORM does not conduct the warrant checks required by this procedure. ISSUANCE OF DAT NUMBERS DAT serial numbers will consist of a three-digit command code followed by a dash and the next sequential number, beginning with the number one each year. For example, the first DAT serial number issued by the 68 Precinct shall be 068-1. The desk officer, command processing the arrest (i.e., precinct, police service area, or transit district), will assign all DAT serial numbers for DESK APPEARANCE TICKETS issued at the command, regardless of jurisdiction of arrest, or command of assignment of the arresting officer, etc. DESK APPEARANCE TICKET GUIDELINES A DESK APPEARANCE TICKET will not be issued in the following circumstances: a. Arrest on a warrant b. Photographable offenses (see P.G. 208-07, “Photographable Offenses”) unless prisoner is hospitalized (If DESK APPEARANCE TICKET is issued, notify borough court section concerned) c. Prisoners under the influence of drugs/alcohol to the degree that they may endanger themselves or others d. Family offenses - complainant/victim and offender are members of the same family/household as defined in the Family Court Act or as defined in the expanded definition of a family/household in P.G. 208-36, “Family Offenses/Domestic Violence,” AND: (1) Any offense is committed and an arrest is effected (2) Offender has violated an Order of Protection (3) Complainant/victim requests the opportunity to obtain an Order of Protection, OR the facts of the case indicate an immediate need to secure an Order of Protection because there is a strong possibility that violence against the complainant/victim will recur (e.g., past history of assaults against complainant/victim, statements made by the defendant, active present hostility against complainant/victim, etc.). e. Offender has violated an Order of Protection, OR complainant/victim requests the opportunity to obtain an Order of Protection, OR the facts of the case indicate an immediate need to secure an Order of Protection because there is a strong possibility that violence against the complainant/victim will recur (e.g., past history of assaults against complainant/victim, statements made by the defendant, active present hostility against complainant/victim, etc.) f. Arrest for Harassment 1st Degree (Penal Law 240.25, or Menacing 2nd Degree (Penal Law 120.14[2]) -“Stalking” offenses g. Arrest for Criminal Sale of Marihuana 4th Degree (Penal Law 221.40) or, Criminal Sale of Marihuana 5th Degree (Penal Law 221.35) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-27 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 h. i. j. k. l. m. n. o. p. q. r. s. t. u. 7 of 11 Arrest for Assault 3rd Degree (Penal Law 120.00), Attempted Assault 3rd Degree (Penal Law 110/120.00), Menacing 2nd Degree (Penal Law 120.14), Menacing 3rd Degree (Penal Law 120.15), Harassment 1st Degree (Penal Law 240.25), Aggravated Harassment (Penal Law 240.30), and Reckless Endangerment 2nd Degree (Penal Law 120.20) when committed against a city/state enforcement agent performing official duty Arrest for violation of Section 1192, intoxication/impaired driving subdivisions (1), (2), (3) or (4) – Vehicle & Traffic Law (except DESK APPEARANCE TICKET may be issued to eligible prisoner, hospitalized more than twenty-four hours providing prisoner did not cause serious physical injury or death to another) Vehicle offenses: (1) Arrest for Attempted Grand Larceny 4th Degree (Penal Law 110/ 155.30); Class “A” Misdemeanor (2) Intentionally damages a vehicle up to $250 (window break) when in connection with attempt to steal auto, OR larceny of contents of auto (e.g., radio) - Class “A” Misdemeanor. Arrest for an offense which would constitute child abuse, neglect, or maltreatment (see P.G. 215-03,”Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children” and P.G. 208-36, “Family Offenses/Domestic Violence”) Misdemeanor Recidivists - when a warrant check printout indicates “Misdemeanor Recid Notify DA In ECAB” Aggravated Unlicensed Operation of a Motor Vehicle, 2nd Degree, (VTL 511 [2][a]; Misdemeanor, and 1st Degree, VTL 511 [3] [a]; Felony) Criminal Trespass, 3rd Degree (Penal Law 140.10), when in connection with a building utilized for commercial/office purposes Whenever a person is arrested for threatening, harassing or menacing a uniformed member of the service, an elected official or any other city, state or federal employee Arrest for Unlawful Eviction (Administrative Code 26-521) Arrest for Interference with Professional Sporting Event (Administrative Code Section 10-162); Unclassified Misdemeanor Arrest for Resisting Arrest (Penal Law 205.30); Class “A” Misdemeanor *Arrest for Obstructing Governmental Administration 2nd Degree (Penal Law 195.05); Class “A” Misdemeanor (see below) Whenever the OMNIFORM DAT Arrest Info Screen indicates that the individual “owes DNA” Fireworks offenses: (1) Arrest for the offering, selling or furnishing of fireworks valued at $500 or more (Penal Law 270.00[2][a][ii]); Class “A” Misdemeanor (2) Arrest for the sale of dangerous fireworks to a person under the age of eighteen (Penal Law 270.00[2][b][ii]); Class “A” Misdemeanor. *A person arrested for Obstructing Governmental Administration 2nd Degree may be issued a DAT if he/she engaged in uncooperative actions (see “DEFINITIONS”) and is otherwise qualified. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-27 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 8 of 11 A DAT should not be issued to a person who uses mechanical means, i.e., a “sleeping dragon,” chaining oneself to a stationary object, etc., to impede his/her removal and arrest processing. If OMNIFORM DAT Arrest Info Screen indicates that the prisoner has warrants, is on parole/probation, is a recidivist, owes DNA, etc., the system will automatically preclude the desk officer from issuing a DAT. Under this procedure, a prisoner who is an admitted drug addict, and not undergoing treatment at a Methadone Treatment Center, will continue to be eligible for DESK APPEARANCE TICKET consideration. Issue DAT to an eligible prisoner who is otherwise considered “special category” as defined in P.G. 210-17, “Arrest Processing of Pre-Arraignment Prisoners Designated as ‘Special Category’.” IDENTIFICATION STANDARDS P.G. 208-28, “Identification Standards for Desk Appearance Tickets” describes a sequential five step identification process to be followed during arrest processing in order to determine a defendant’s eligibility for a DESK APPEARANCE TICKET and involves the following components: a. b. c. d. e. Stricter Identification Standards New York State Probation/Parole Status Inquiry ADW Warrant Check/OCA Designations Department of Motor Vehicles Name Check Beta System Inquiry. ACCOUNTABILITY The decision to issue a DAT to an eligible prisoner rests solely with the desk officer. UNDER NO CIRCUMSTANCES WILL THE PRISONER BE RELEASED UNTIL THE FINGERPRINT CRIMINAL HISTORY HAS BEEN RECEIVED AND REVIEWED. The desk officer, based upon the information contained in the OMNIFORM system (in addition to other information obtained during the course of the DAT investigation), will either have a DAT issued to the prisoner or have the arrest processed “on line.” The Borough Administrator is responsible to ensure that all DAT(S) issued and/or delivered by their subordinate commands are completed accurately and in a timely manner according to this procedure. Any questions regarding arrest or DAT procedures should be directed to the applicable borough court section. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-27 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 9 of 11 UNLAWFUL POSSESSION OF MARIHUANA ARRESTS If the only charge against a prisoner is Unlawful Possession of Marihuana (Section 221.05, P.L. - Violation) and the prisoner does not qualify for a summons, the prisoner MUST be processed for a DESK APPEARANCE TICKET. However, normal DESK APPEARANCE TICKET INVESTIGATION verifications do not apply in this type of case. The only disqualifying factors regarding the issuance of a DESK APPEARANCE TICKET are: a. Inability to ascertain defendant’s identification or address, OR, b. Officer reasonably suspects that identification or address given is inaccurate, OR, c. Officer believes that prisoner does not reside within the state, d. The prisoner owes DNA. If the only charge is Unlawful Possession of Marihuana (Section 221.05, P.L. – Violation) a field test must be completed in accordance with P.G. 218-08, “Field Testing of Marijuana by Selected Uniformed Members of the Service within the Patrol Services and Housing Bureaus.” In this instance, if the prisoner also does not qualify for a DESK APPEARANCE TICKET, the desk officer must release the prisoner if $100.00 pre-arraignment bail is posted (see P.G. 210-09, “Bail”). However, the prisoner will not be released if he/she owes DNA. DELIVERY OF DAT PACKAGES TO BOROUGH COURT SECTION DAT(S) will only be delivered to the borough court section DAT office, Monday through Friday, on the second platoon. On weekends and court holidays, the Patrol Borough, Housing Borough, and Transit Borough will safeguard the DAT packages for delivery on the next second platoon that court is in session. WARRANT AND INVESTIGATION CARD CHECKS Prior to releasing a prisoner who is being issued a DESK APPEARANCE TICKET at the precinct of arrest/designated arrest facility, an INVESTIGATION CARD (PD373-163) check and a warrant name check of local/state/federal files will be conducted in accordance with P.G. 20822, “Performing Local, State and Federal Warrant Checks.” In all cases, desk officers must review any relevant printout screen or results to ensure that the five step eligibility process was properly conducted. In addition, desk officers shall monitor the OMNIFORM system within their commands to ensure its proper use. If prisoner is released at precinct of arrest/designated arrest facility, or removed to borough court section booking facility, attach any relevant printouts to DESK APPEARANCE TICKET INVESTIGATION. If Department Local Area Network (LAN) terminal is inoperative, request the patrol borough to conduct the checks. Should the borough terminal also be inoperative, an adjoining precinct/designated arrest facility will be requested to conduct these checks. If the entire LAN system is out of service for more than twenty minutes, the Central Warrant Unit will be requested by telephone to process and supply the necessary checks. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-27 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 10 of 11 DESK APPEARANCE TICKET ELIGIBILITY FOR OUT OF STATE RESIDENTS When attempting to determine whether to issue a DESK APPEARANCE TICKET to a person who does not reside or work in New York State but is otherwise qualified, the desk officer should consider the distance the arrested person will have to travel on the arraignment date. The person should be questioned concerning his/her ability and willingness to appear in court for arraignment on the scheduled return date. If the desk officer believes that the person will not appear as required, a DESK APPEARANCE TICKET WILL NOT be issued. If the person arrested requests a minor adjustment in the return date and gives an unqualified promise to appear on the revised date, the desk officer must use discretion in determining if the return date should be adjusted and a DESK APPEARANCE TICKET issued. In unusual circumstances when the ends of justice will be served and undue hardship will be averted by not holding an out of state defendant in custody (e.g., elderly or infirm defendant or defendant accompanied by children, etc.), a short date DESK APPEARANCE TICKET returnable the following day, may be issued. However, if doubt exists concerning attendance of the defendant, a DESK APPEARANCE TICKET WILL NOT be issued. When a short date DESK APPEARANCE TICKET is issued to an out of state defendant, the desk officer must ensure that the DAT ARREST PACKAGE is sent to the appropriate Patrol Borough, Housing Borough, or Transit Borough. In addition, the desk officer must notify the applicable borough of the short return date. Patrol Borough, Housing Borough, or Transit Borough personnel will ensure the delivery of the DAT ARREST PACKAGE to the borough court section is expedited. Borough Court Section personnel will immediately process the DESK APPEARANCE TICKET related papers to ensure that the Fingerprint criminal history (RAP) sheet is available when the defendant is arraigned. In all such cases, the arresting officer (if not excused) and the complainant (in appropriate cases) will proceed to the Complaint Room. If the Complaint Room is not open, the officer and/or complainant will report to the Complaint Room as soon as it opens to draw the court complaint. DESK APPEARANCE TICKET ELIGIBILITY FOR HOSPITALIZED PRISONERS A DESK APPEARANCE TICKET may be issued to an eligible hospitalized prisoner who is charged with a Class “E” Felony except for those Class “E” Felonies listed as follows: PENAL LAW SECTION 130.25 130.40 205.10 205.17 205.19 215.56 195.07 CHARGE Rape, 3rd Degree Criminal Sexual Act, 3rd Degree Escape, 2nd Degree Absconding from Temporary Release, 1st Degree Absconding from a Community Treatment Facility Bail Jumping, 2nd Degree Obstructing Governmental Administration, 1st Degree Criminal photographs need not be taken of a hospitalized prisoner who is issued a DESK APPEARANCE TICKET for a Class “E” Felony. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-27 DATE EFFECTIVE: REVISION NUMBER: 08/01/13 PAGE: 11 of 11 ADDITIONAL DATA (continued) PARTICIPATING DEPARTMENT STORE PROGRAM RELATED PROCEDURES Performing Local, State and Federal Warrant Checks (P.G. 208-22) Computerized Investigation Card System (P.G. 208-23) Identification Standards for Desk Appearance Tickets (P.G. 208-28) Family Offenses/Domestic Violence (P.G. 208-36) Intoxicated or Impaired Driver Arrest (P.G. 208-40) Suspended or Revoked Vehicle Operator’s License (P.G. 209-26) Bail (P.G. 210-09) Arrest Processing of Pre-Arraignment Prisoners Designated as “Special Category” (P.G. 210-17) FORMS AND REPORTS DAT ARREST PACKAGE (PD260-123) DESK APPEARANCE TICKET (COMPUTER FORM) DESK APPEARANCE TICKET (PD260-121) DESK APPEARANCE TICKET INDEX (PD260-122) DESK APPEARANCE TICKET INVESTIGATION (PD360-091) DESK APPEARANCE TICKET TRANSMITTAL TO BOROUGH COURT SECTION (PD260122A) INVESTIGATION CARD (PD373-163) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) When an arrest is made by a security officer of a participating department store and the offense is one for which a DESK APPEARANCE TICKET may be issued, the desk officer will direct the arrest processing officer to assist the store security officer in processing the arrest in order to maintain compliance with this procedure. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-28 IDENTIFICATION STANDARDS FOR DESK APPEARANCE TICKETS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To establish identification standards and eligibility requirements prior to the issuance of a DESK APPEARANCE TICKET. SCOPE The process to be followed during arrest processing in order to determine eligibility for a DESK APPEARANCE TICKET will be sequential. The following is a fivestep procedure which shall be implemented by arresting officers in the order listed: a. Stricter Identification Standards b. New York State Probation/Parole Status Inquiry c. ADW Warrant Check/OCA Designations d. Department of Motor Vehicles Name Check e. Beta System Inquiry. As each category is checked, if there is a negative result, the inquiry will be brought to the next step. When information is received that will disqualify an individual from DESK APPEARANCE TICKET consideration, further inquiries will cease and the arrest will be processed online. This five-step eligibility process is both comprehensive and labor intensive. PROCEDURE When an individual is applying for the issuance of a DESK APPEARANCE TICKET: ARRESTING OFFICER 1. Establish individual’s identification and eligibility for the issuance of a DESK APPEARANCE TICKET by the following: a. STRICTER IDENTIFICATION STANDARDS - The following forms of identification satisfy the need to properly identify individuals applying for release via DESK APPEARANCE TICKETS: (1) New York State Driver’s License, Permit, or Non-Driver Photo Identification (2) Valid passport (3) United States military photo identification (4) Citizenship or naturalization papers (5) Resident alien card (6) Driver’s License (out of state/country). b. NEW YORK STATE/U.S. EASTERN DISTRICT FEDERAL PROBATION/PAROLE STATUS INQUIRY - Inquiry will be made through the FINEST System into the Booking Arraignment Disposition Inquiry System [BADS] to ascertain Probation/Parole status of prisoners seeking release through the DESK APPEARANCE TICKET process. If it is confirmed that the prisoner seeking release on a DESK APPEARANCE TICKET is currently on probation or parole, a DESK APPEARANCE TICKET will NOT be issued to that individual. The process is as follows: (1) Log into BADS with BADS ID and password (2) Select Option “5,” Defendant Status, by typing “5” and pressing “ENTER” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-28 PAGE: 08/01/13 (3) ARRESTING OFFICER (continued) NOTE REVISION NUMBER: 2 of 5 Type defendant’s Last name, First initial (if desired), Sex, and Date of Birth (DOB) (a) Type “O” in RANGE field for a direct hit on the DOB entered, or a number (1-9) for that range of years before and after the DOB entered, and press “ENTER.” The number of possible hits for N.Y.S. Parole, N.Y.C. Probation and Eastern District Federal Probation will be displayed. (4) c. To view information, press “1” for N.Y.S. Parole list, “2” for N.Y.C. Probation list and “3” for Eastern District Federal Probation list, then press “ENTER” (5) When viewing one of the above lists, or to see additional data for an individual, move the cursor to the desired line and press “ENTER.” (a) If the defendant has non-sealed New York City arrests: (1) Defendant Data, NYSID Profile, and Parole/Probation Data will already be selected (2) Press “ENTER” to page through the screens. (b) If the defendant has no non-sealed New York City arrests: (1) A Parole/Probation record will be displayed (2) Press “ENTER” to return to the list. ADW WARRANT CHECKS/OCA DESIGNATIONS - A local, state, and federal warrant check will be conducted via the Automated Database for Warrants (ADW) and the FINEST MESSAGE SWITCHING SYSTEM (MSWS) as per P.G. 208-22, “Performing Local, State and Federal Warrant Checks.” The presence of an active warrant from this inquiry will disqualify an individual from receiving a DESK APPEARANCE TICKET. This check will access the Warrant Master File through ADW. Within this file are target groups which are displayed by the presence of an OCA# designation preceded by the letter Q, X, or I. Persons in custody who are categorized by any of the following designations will not be eligible to receive a DESK APPEARANCE TICKET: (1) OCA designations that begin with letter Q: Q65000000 Robbery Recidivist Q65200000 Misdemeanor Recidivist Q65300000 Firearm Violator Q65400000 Armed Career Criminal (2) OCA designations that begin with the letter X: This category consists of individuals who are target narcotics violators NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-28 PAGE: 08/01/13 (3) ARRESTING OFFICER (continued) NOTE REVISION NUMBER: 3 of 5 OCA designations that begin with the letter I: This file contains individuals who are wanted by a particular detective squad for a specific crime, or for questioning relative to a crime. In these cases, a telephone notification is required to the Criminal Intelligence Section (See P.G. 20823, “Computerized Investigation Card System”). In the above OCA designation categories, notifications must be made to the command of origination, including arraignment date and the fact that identification is based on a name check only. Comply with any further instructions which appear on the display screen. d. e. DEPARTMENT OF MOTOR VEHICLES NAME CHECK Name checks will be made through the FINEST System under the NYSPIN/DMV menu headings: NYS Driver Group Search (DGRP) and NYS Driver Inquiry (DLIC). First, use the DGRP command. This will determine if the individual is using multiple or similar names. If so, attempt to match the pedigree information provided on the display screen with the subject who is physically present. Next, enter this data into the DLIC system. If the DLIC system reveals that the subject: (1) Has three or more license suspensions on three or more different dates, or (2) Is operating a vehicle with a revoked driver’s license, or (3) Has an outstanding federal, state, or local warrant, or (4) Has ever been the subject of an issued federal, state, or local warrant at any time, or (5) Is arrested for operating a motor vehicle while having a revoked driver’s license, or (6) Has been convicted of unlicensed operation of a motor vehicle any degree, within the previous eighteen months, or (7) Has had their operator’s license suspended based upon having ever refused to submit to a chemical test for alcohol, or (8) Has had their operator’s license suspended based upon failure to pay child/spousal support as outlined in VTL 510 (4e), then the subject WILL BE DENIED a DESK APPEARANCE TICKET. BETA SYSTEM INQUIRY - An inquiry will be made into Beta System through the FINEST System/MIS to determine DESK APPEARANCE TICKET eligibility based upon the prisoner’s past criminal history. Specifically, this inquiry will reveal the presence of aliases, match them to a criminal identification number (NYSID #) and interface with the on-line warrant file, to determine if the subject has been previously issued a warrant. If subject is found to have previous warrant history, then a DESK APPEARANCE TICKET will NOT be issued. The process will be as follows: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-28 PAGE: 08/01/13 (1) (2) ARRESTING OFFICER (continued) (3) NOTE REVISION NUMBER: 4 of 5 Type “NMOS/tax registry number” of requesting officer Enter in center of screen corresponding reference numbers, i.e., 61 #, arrest #, case #, misc. # After the caption, “NMCK” enter: Last name/first name/sex/dob - then press “Enter.” If NYSID # is ascertained, sign onto ADW as follows: (1) Select the ADW icon on a Department LAN. (a) Enter your tax number when prompted. (2) Select “Queries” at the top of the screen. (3) Select “NYSID Search.” (a) Enter the NYSID number in the prompt box. (4) Highlight “Selected Tables.” (a) Select “Warrant” and “I Card.” DESK OFFICER 2. Use common sense standards based upon the age and/or physical condition of a prisoner to ensure that the best interests of the Department will be served by not denying the issuance of a DESK APPEARANCE TICKET, in the course of determining eligibility. INTEGRITY CONTROL OFFICER 3. Ensure that passwords are issued to uniformed members of the command so that access to the various systems is not restricted. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS DAT issuance should never be based solely upon the OMNIFORM system checks. Members of the service must conduct checks required by this procedure prior to entering the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) into the OMNIFORM system. OMNIFORM does not conduct the warrant checks required by this procedure. IDENTIFICATION STANDARDS Members should note that these are general guidelines and other valid forms of identification may be acceptable. Even when an individual possesses identification and a uniformed member of the service has reasonable suspicion with regard to the veracity of the identification presented, the desk officer will make the final determination as to whether the defendant’s identity has been ascertained. FALSE PERSONATION In addition to producing one of the above valid forms of identification, the prisoner must also provide legitimate, verifiable proof of a valid current address. When attempting to ascertain a prisoner’s identity, the uniformed member of the service concerned should inform the prisoner that knowingly misrepresenting his or her actual name, date of birth, or address to a police officer, with intent to prevent a police officer from ascertaining such information, is punishable as a crime. Prisoners who knowingly misrepresent their pedigree information should be charged under Penal Law 190.23 (False Personation, B. Misd.). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-28 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 ADDITIONAL DATA (continued) The desk officer considering DESK APPEARANCE TICKET eligibility will determine the validity of the prisoner’s offered address. If the desk officer is not satisfied that the prisoner has offered proper evidence of a valid current address, the prisoner shall NOT be issued a DESK APPEARANCE TICKET. In order to ensure that the process for determining eligibility for a DESK APPEARANCE TICKET is properly conducted, desk officers will be responsible to have arresting officers bring to the borough court section a copy of any inquiry which eliminated the prisoner from DESK APPEARANCE TICKET consideration. In those cases where eligibility was denied because of unverified identification or address information, a notation will be entered on the ON-LINE BOOKING SYSTEM WORKSHEET under “Details” and initialed by the desk officer. RELATED PROCEDURES Performing Local, State and Federal Warrant Checks (P.G. 208-22) Computerized Investigation Card System (P.G. 208-23) Desk Appearance Ticket - General Procedure (P.G. 208-27) Desk Appearance Ticket - Hospitalized Prisoner (P.G. 208-30) Arrest Processing - Aggravated Unlicensed Operation of a Motor Vehicle (P.G. 208-53) FORMS AND REPORTS DESK APPEARANCE TICKET (COMPUTER FORM) ON-LINE BOOKING SYSTEM WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-30 DESK APPEARANCE TICKET – HOSPITALIZED PRISONER DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To issue a DESK APPEARANCE TICKET to a hospitalized prisoner who was ineligible for a DESK APPEARANCE TICKET at time of arrest due to physical or mental condition. PROCEDURE When a hospitalized prisoner has recovered sufficiently to be issued a DESK APPEARANCE TICKET: GUARDING MEMBER OF THE SERVICE 1. Notify desk officer that prisoner’s condition permits issuance of a DESK APPEARANCE TICKET. DESK OFFICER 2. Direct patrol supervisor to determine condition of prisoner and duration of confinement. Direct guarding officer to follow P.G. 208-27, “Desk Appearance Ticket General Procedure.” Have DESK APPEARANCE TICKET issued if prisoner qualifies. 3. 4. GUARDING MEMBER OF THE SERVICE 5. 6. DESK OFFICER/ COUNTERPART 7. 8. 9. NOTE Obtain DESK APPEARANCE TICKET return date in accordance with appropriate borough guidelines. a. Ensure that return date is after tentative date of prisoner’s discharge from hospital. Notify borough court section concerned that DESK APPEARANCE TICKET has been issued, and provide the following information: a. DESK APPEARANCE TICKET serial number b. Return date c. Court to which DESK APPEARANCE TICKET is returnable d. Date and time of release of prisoner. Have arresting officer notified. Distribute DESK APPEARANCE TICKET as follows: a. Original copy in DAT ARREST PACKAGE (PD260-123) b. One photocopy each to defendant, arresting officer/complainant, and command file. Make the following entries on ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) or ARREST REPORT SUPPLEMENT (PD244-157): a. Return date of DESK APPEARANCE TICKET b. DESK APPEARANCE TICKET serial number c. Court to which returnable. Forward DAT ARREST PACKAGE with required paperwork as per P.G. 208-27, “Desk Appearance Ticket – General Procedure.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-30 ARRESTING OFFICER REVISION NUMBER: PAGE: 08/01/13 10. 11. BOROUGH COURT SECTION SUPERVISOR 12. ROLL CALL CLERK 14. 13. DESK OFFICER 15. WHERE HOSPITAL IS LOCATED 2 of 2 Determine on day prior to return date if prisoner is still hospitalized. a. Ascertain approximate date of discharge, if still confined. Notify borough court section supervisor if prisoner remains hospitalized. Request adjournment to a day subsequent to prisoner’s tentative release from the hospital. Direct roll call clerk of arresting officer’s command to notify arresting officer of adjourned date. Make entry in command diary and notify arresting officer of new court date, if required to appear. Have defendant notified of adjourned date. ADDITIONAL DATA If prisoner is ineligible for a DESK APPEARANCE TICKET, he/she may be issued a DESK APPEARANCE TICKET providing he/she can post bail. If the hospitalized prisoner is confined outside the precinct of record, the desk officer/counterpart will notify the precinct where hospital is located that he/she has accepted bail (see P.G. 210-09, “Bail”). The member guarding the prisoner will fingerprint him/her, if required. RELATED PROCEDURES Desk Appearance Ticket – General Procedure (P.G. 208-27) Bail (P.G. 210-09) Hospitalized Prisoners (P.G. 210-02) FORMS AND REPORTS ARREST REPORT – SUPPLEMENT (PD244-157) DAT ARREST PACKAGE (PD260-123) DESK APPEARANCE TICKET ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-34 BRIBERY ARREST BY UNIFORMED MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To assist a uniformed member of the service who effects an arrest for bribery from time of arrest to final disposition of case. PROCEDURE When a bribe has been offered and circumstances do not permit prior consultation with a member of the Internal Affairs Bureau: ARRESTING OFFICER 1. NOTE In situations where subsequent arrest for bribery is made after the original arrest charge has been processed, (i.e., arrest number has been generated), but prior to the prisoner being arraigned, an ARREST REPORT SUPPLEMENT (PD244-157) must be prepared describing the circumstances surrounding the additional charge of bribery. Make summary arrest and follow appropriate arrest processing guidelines. 2. Notify desk officer/supervisor. DESK OFFICER/ SUPERVISORY MEMBER 3. Confer with Legal Bureau if: a. Legality of charges are in doubt b. Immediate legal assistance is required. NOTE If Legal Bureau is closed, call Operations Unit to arrange a consultation with a Department Attorney. I.A.B. COMMAND CENTER 4. Notify Internal Affairs Bureau, Command Center (212) 741-8401. 5. Record information including: a. Internal Affairs Bureau log number b. Date of arrest c. Precinct of arrest d. Prisoner’s name and address e. Charge f. Description of circumstances which led to arrest and any other violation of law. Advise desk officer/supervisory member to contact appropriate Bureau/ Borough Investigations Unit for technical assistance. 6. DESK OFFICER/ SUPERVISORY MEMBER 7. NOTE The precinct commander/duty captain will be notified and perform the duties of the lieutenant platoon commander if the platoon commander is unavailable. Notify lieutenant platoon commander. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-34 REVISION NUMBER: PAGE: 08/01/13 2 of 4 LIEUTENANT PLATOON COMMANDER 8. 9. Interview arresting officer. Prepare seven copies of report of arrest on Typed Letterhead addressed to Chief of Department. a. Forward original copy of report direct to the Chief of Department via Department mail. b. FAX copy of the report of arrest to Internal Affairs Bureau, Command Center at (212) 741-8408. c. Retain remaining copies at precinct desk pending result of the initial arraignment. NOTE All copies of the report MUST include the Internal Affairs Bureau log number. 10. Notify precinct commander/duty captain, who will review actions taken by the precinct platoon commander. ARRESTING OFFICER 11. Confer with immediate supervisor and/or Integrity Control Officer concerned, prior to pre-arraignment. ARRESTING OFFICER AND SUPERVISORY MEMBER/I.C.O. 12. Consult with Assistant District Attorney to insure that bribery or related offense is charged in complaint. ARRESTING OFFICER 13. Notify desk officer/supervisor when affidavit has been completed of: a. Name of Assistant District Attorney b. Charge(s) entered on complaint. I.C.O. OF MEMBER CONCERNED 14. Ascertain the following information through the borough Court Section after prisoner has been arraigned: a. Arraignment date b. Judge c. Court docket and NYSID numbers d. Disposition including adjournment date e. Grand Jury date, if any. Enter additional information (steps 13 and 14 above) by endorsement on remaining copies of report of arrest held at desk (see step 9). Forward copies of report as follows: a. First copy direct to the Chief of Department (Chief of Department reviews and forwards to Personnel Bureau) b. Second copy direct to Chief of Internal Affairs c. Third copy direct to Commanding Officer, Employee Relations Section d. Fourth copy to the Chief of Department, through channels e. Fifth copy to commanding officer of arresting officer f. Sixth copy - file. 15. 16. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-34 ARRESTING OFFICER REVISION NUMBER: PAGE: 08/01/13 17. 18. 3 of 4 Maintain a record of all court appearances regarding bribery or related offenses/arrests including: a. Date of hearing b. Court docket number c. Name of Assistant District Attorney at each appearance d. Disposition. Report information to commanding officer after each court appearance. NOTE Commanding officers of uniformed members of the service who effect bribery arrests will be responsible for the follow-up and final disposition reports. COURT SECTION CONCERNED 19. Render assistance to arresting officer and duty captain/supervisor, when necessary. I.C.O. OF MEMBER CONCERNED 20. Record information as received and file in folder marked “Arrests by Uniformed Members of the Service Regarding Bribery and Related Offenses.” Forward copy of report to member’s new commanding officer who assumes responsibility for: a. Maintaining file in folder b. Adding new information received c. Forwarding reports as required. 21. COMMANDING 22. OFFICER OF MEMBER CONCERNED Prepare a consolidated report on Typed Letterhead upon receipt of final disposition and include a complete history of case and court appearances for: a. Police Commissioner b. Chief of Department c. Chief of Internal Affairs. WHEN AN ASSISTANT DISTRICT ATTORNEY REFUSES TO CHARGE BRIBERY IN THE COMPLAINT: ARRESTING OFFICER 23. Notify the precinct commander/duty captain. PRECINCT 24. Respond to command of arrest/designated arrest processing facility and confer with Assistant District Attorney and arresting officer. a. Confer with supervising Assistant District Attorney if not in agreement with Assistant District Attorney. 25. Obtain signed copy of Decline Prosecution Report if bribery or related offense is only charge and Assistant District Attorney refuses to draw complaint. a. Make complete entry of facts in ACTIVITY LOG (PD112-145) or INVESTIGATOR’S DAILY ACTIVITY REPORT (PD439156), as appropriate. COMMANDER/ DUTY CAPTAIN ARRESTING OFFICER NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-34 REVISION NUMBER: PAGE: 08/01/13 b. ARRESTING OFFICER (continued) c. d. 4 of 4 Comply with instructions of Assistant District Attorney and court personnel if a civilian complainant desires to appear before a judge. Secure release of prisoner from detention pen when ordered by Assistant District Attorney and Decline Prosecution Report is obtained. Immediately notify Court Section supervisor concerned and be guided by his/her instructions, if prisoner has already been removed to courthouse. COURT SECTION SUPERVISOR 26. If prisoner is being secured in courthouse detention areas: a. Request FAX copy of Decline Prosecution Report from arresting officer. b. Verify its contents with assigned Assistant District Attorney upon its receipt. c. Have prisoner released expeditiously. d. Make appropriate Command Log and OLPA “Notepad” entries. ARRESTING OFFICER 27. 28. Notify Internal Affairs Bureau, Command Center, of results. Deliver Decline Prosecution Report to commanding officer. COMMANDING 29. OFFICER OF MEMBER CONCERNED 30. Review Decline Prosecution Report. a. Sign rear of Decline Prosecution Report signifying inspection b. Have Decline Prosecution Report filed with OLBS ARREST WORKSHEET (PD244-159) in member’s command. Prepare DECLINE PROSECUTION ARREST CASE REPORT (PD244-1515), if necessary. ADDITIONAL DATA A commanding officer who believes a subordinate member of his/her command has participated in an act reflecting high integrity that deserves recognition will forward three copies of a report describing all the facts, including results, to the Integrity Review Board, through the Personnel Bureau. RELATED PROCEDURES Release Of Prisoners - General Procedures (P.G. 210-13) Attempted Bribery Of Uniformed Member Of The Service (P.G. 208-35) Release Of Prisoners At The Complaint Room At The Direction Of Assistant District Attorney (P.G. 210-16) Boards And Committees (O.G. 101-23) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ARREST REPORT - SUPPLEMENT (PD244-157) DECLINE PROSECUTION ARREST CASE REPORT (PD244-1515) INVESTIGATOR’S DAILY ACTIVITY REPORT (PD439-156) OLBS ARREST WORKSHEET (PD244-159) Decline Prosecution Report Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-35 ATTEMPTED BRIBERY OF UNIFORMED MEMBER OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To develop or secure corroborating evidence in attempted bribery cases. PROCEDURE Upon being offered a bribe, particularly a future bribe and corroborating evidence may be developed: UNIFORMED MEMBER OF THE SERVICE 1. Notify desk officer/supervisor as soon as possible. a. If not possible, call the Internal Affairs Bureau, Command Center, ([212] 741-8401), twenty-four hours a day, seven days a week. DESK OFFICER/ SUPERVISOR NOTIFIED 2. Inform Internal Affairs Bureau, Command Center, of offer and any related arrangements I.A.B. COMMAND CENTER 3. Record notification. a. Assign log number. UNIFORMED MEMBER OF THE SERVICE 4. Record facts in ACTIVITY LOG (112-145) or INVESTIGATOR’S DAILY ACTIVITY REPORT (PD439-156), as appropriate. DESK OFFICER/ SUPERVISOR 5. Be guided by recommendations of the Internal Affairs Bureau, Command Center, regarding: a. Action to be taken b. Whether any technical and tactical assistance will be provided. Notify bureau/borough Investigations Unit concerned and request necessary assistance. 6. RELATED PROCEDURES Bribery Arrest by Uniformed Members of the Service (P.G. 208-34) FORMS AND REPORTS ACTIVITY LOG (112-145) INVESTIGATOR’S DAILY ACTIVITY REPORT (PD439-156) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-36 FAMILY OFFENSES/DOMESTIC VIOLENCE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 14 PURPOSE To process family offenses and other offenses that occur between family/ household members as per the Family/Household - Expanded Definition. DEFINITIONS COMPLAINANT/VICTIM - For purposes of this procedure ONLY, is limited to a person described in subdivisions “a” through “h” below: FAMILY/HOUSEHOLD (AS DEFINED IN FAMILY COURT ACT) - includes persons who: a. Are legally married to one another b. Were formerly legally married to one another c. Are related by marriage (affinity) d. Are related by blood (consanguinity) e. Have a child in common regardless of whether such persons have been married or have lived together at any time f. Are not related by consanguinity (blood) or affinity (marriage) and who are, or have been, in an intimate relationship regardless of whether such persons have lived together at any time NOTE A common sense standard regarding the totality of the circumstances involving the relationship should be used to determine if an “intimate relationship” exists. Factors a member of the service may consider in determining whether a relationship is an “intimate relationship” include but are not limited to: the nature or type of relationship (the relationship between the involved parties does not have to be sexual in nature to be considered “intimate”); the frequency of interaction between persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals solely in a business, educational, or social context shall be deemed to constitute an “intimate relationship.” If unable to determine if the relationship in question is an “intimate relationship,” the member of the service concerned will request the response of the patrol supervisor. Additional factors that may assist in determining the intimacy of a relationship include, but are not limited to: amount of time spent together in either a work or leisure related capacity, shared expenses and/or finances, extent of interaction with family members, etc. All members of the service are reminded that their primary responsibility is to ensure the immediate and future safety of all parties involved in domestic violence incidents. FAMILY/HOUSEHOLD (NYPD EXPANDED DEFINITION) - includes subdivisions “a” through “f” above, AND persons who: g. Are currently living together in a family-type relationship h. Formerly lived together in a family-type relationship. A family/household thus includes: “common-law” marriages, same sex couples, registered NYC domestic partners, different generations of the same family, siblings, in-laws, persons involved in “intimate relationships,” and persons who live or have lived together in a family-type relationship. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-36 DEFINITIONS (continued) REVISION NUMBER: PAGE: 08/01/13 2 of 14 OFFENSE - Conduct for which a sentence to a term of imprisonment or to a fine is provided (felony, misdemeanor, or violation). FAMILY OFFENSE - Any act which may constitute the following and is committed by one member of the same family/household, AS DEFINED IN THE FAMILY COURT ACT (subdivisions “a” through “f” above), against another: a. Harassment 1st or 2nd degree b. Assault 2nd degree or Attempt c. Disorderly Conduct (including acts amounting to Disorderly Conduct NOT committed in a public place) d. Aggravated Harassment 2nd degree e. Assault 3rd degree or Attempt f. Reckless Endangerment g. Menacing 2nd or 3rd degree h. Stalking (1st, 2nd, 3rd, and 4th degrees) NOTE The law also adds the crimes of Stalking in the first through fourth degrees to the list of criminal convictions which will subject an offender to automatic suspension or revocation of a pistol license by the Criminal or Family Court. i. j. k. l. m. n. o. Sexual Misconduct Forcible Touching Sexual Abuse 3rd degree Sexual Abuse 2nd degree when committed against a victim incapable of a factor other than being less than seventeen years old Criminal Mischief (all degrees) Strangulation 1st or 2nd degree Criminal Obstruction of Breathing or Blood Circulation. ORDER OF PROTECTION - An order issued by the New York City Criminal Court, New York State Family Court, or the New York State Supreme Court, requiring compliance with specific conditions of behavior, hours of visitation and any other condition deemed appropriate by the court of issuance. An Order of Protection may also be issued by the Supreme Court as part of a separation decree, divorce judgment, annulment, or as part of a court order in a pending separation, divorce, or annulment action. PROBABLE CAUSE - A combination of facts, viewed through the eyes of a uniformed member of the service, which would lead a person of reasonable caution to believe that an offense is being or has been committed. The “probable cause” standard applied in family offense/domestic violence offenses IS NO DIFFERENT from the standard applied in other offenses and may be met by evidence other than the statement of the complainant/victim. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-36 REVISION NUMBER: PAGE: 08/01/13 3 of 14 DEFINITIONS (continued) CONCURRENT JURISDICTION - Concurrent jurisdiction exists when different courts have jurisdiction over the same subject matter within the same territory. Both Criminal Court and Family Court have concurrent jurisdiction when: a. A family offense (as defined above) has been committed; AND b. A family/household relationship as defined in the Family Court Act “a” through “f” above (and NOT including the NYPD EXPANDED DEFINITION) exists between the offender and the victim; AND c. The offender is sixteen years of age or older. NOTE All three of the above elements must exist for both Family Court and Criminal Court to have jurisdiction at the same time. If either of the first two elements are not met, the complainant MUST go to Criminal Court. If the first two elements are met, but the offender is less than sixteen years of age, the complainant must go to Family Court. WHEN CONCURRENT JURISDICTION EXISTS: Advise complainants/victim that: a. There is concurrent jurisdiction with respect to family offenses in both Family Court and the Criminal Courts; b. A Family Court proceeding is a civil proceeding and is for the purpose of attempting to stop the violence, end the family disruption and obtain protection. Referrals for counseling or counseling services are available through probation for this purpose; c. A proceeding in the Criminal Courts is for the purpose of prosecution of the offender and can result in a criminal conviction of the offender; d. A proceeding or action subject to the provisions of Family Court Act, Section 812, is initiated at the time of filing of an accusatory instrument or Family Court petition, not at the time of arrest, or request for arrest, if any; e. An arrest may precede the commencement of a Family Court or a Criminal Court proceeding, but an arrest is not a requirement for commencing either proceeding; however, that the arrest of an alleged offender shall be made under the circumstances described in subdivision four of Section 140.10 of the Criminal Procedure Law. PROCEDURE When members of the service respond to, or are notified of, any incident involving members of the same Family/Household (NYPD EXPANDED DEFINITION): UNIFORMED MEMBER OF THE SERVICE 1. 2. Obtain medical assistance if requested or the need is apparent. Ascertain all facts. a. Interview persons involved SEPARATELY. b. Interview and record names of any witnesses present at time of occurrence. c. Collect evidence and record statements of persons present (e.g., admission by offender during dispute). d. Take photographs using the domestic violence digital camera in all cases where a victim has visible injuries and/or damaged property as a result of domestic violence. Photographs will be NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-36 4 of 14 uploaded into the Domestic Violence Digital Photo Database as per P.G. 208-39, “Family Offenses/Domestic Violence (Digital Photography of Visible Injuries/Damaged Property).” Other domestic violence evidence (i.e., weapons, clothing, etc.) must be vouchered in accordance with P.G. 218-01, “Invoicing Property – General Procedure.” If the complainant/victim appears to have difficulty understanding/communicating in English, the member of the service concerned should comply with P.G. 212-90, “Guidelines for Interaction with Limited English Proficient (LEP) Persons.” If the complainant/victim appears to be hearing impaired, the member of the service concerned should comply with P.G. 212-104, “Interaction with Hearing Impaired Persons.” Members of the service are reminded that family members should not be used to interpret in a domestic incident due to potential partiality. Family members may only be temporarily used for interpretation in domestic incidents in life-threatening situations when there is no other feasible alternative. Once the situation is stabilized, a bilingual member of the service or the telephonic interpretation service should be used to verify the details of the domestic incident. As possible victims or witnesses to an incident, children may be interviewed; however, whenever feasible, children should not be used as an interpreter for any kind of police incident, including domestic violence. The alleged offender in any type of incident, including domestic violence, should not be used as an interpreter. 3. NOTE PAGE: 08/01/13 UNIFORMED MEMBER OF THE SERVICE (continued) NOTE REVISION NUMBER: Determine whether: a. Probable cause exists that any offense has been committed b. An Order of Protection has been obtained by complainant/victim c. The offense constitutes a FAMILY OFFENSE d. There are children present in the home who may be victims of neglect, abuse, or maltreatment. (1) If a member REASONABLY SUSPECTS a child less than eighteen is abused, neglected or maltreated and continued presence in the household presents an imminent risk to the child’s physical or mental health, request the patrol supervisor to respond, prepare REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154), and notify the State Central Registry as outlined in P.G. 21503, “Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children.” Willful failure to make such notification is a Class “A” Misdemeanor. Further, civil liability may result for the damages caused by such failure. (2) If probable cause exists that a crime has been committed against a child, the perpetrator will be arrested, and no DESK APPEARANCE TICKET (PD260-121) or stationhouse bail will be issued. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-36 REVISION NUMBER: PAGE: 08/01/13 5 of 14 WHEN OFFENDER HAS DEPARTED SCENE PRIOR TO ARRIVAL OF POLICE: UNIFORMED MEMBER OF THE SERVICE 4. 5. Conduct search of immediate vicinity for offender when: a. Probable cause exists that a crime has been committed OR an Order of Protection has been violated, AND b. Uniformed member of the service has reason to believe that such search might yield positive results. Advise complainant/victim to call police when offender returns, if search produces negative results and follow reporting procedures as set forth below. WHEN COMPLAINANT/VICTIM INDICATES THAT AN ORDER OF PROTECTION HAS BEEN OBTAINED: UNIFORMED MEMBER OF THE SERVICE 6. Request complainant/victim to produce Order of Protection. a. If Order of Protection cannot be produced, use the Central Records Division intranet database application to do a search for all Orders of Protection issued by a New York City based court. If the computer system is down, or for Orders of Protection issued outside New York City, telephone Central Records Division, Identification Section to verify that an Order of Protection was issued, court of issuance, specific conduct prohibited and the expiration date. b. If the Identification Section reports that there are no Orders of Protection on file pertaining to the complainant/victim, telephone the precinct of occurrence and request a member of the service authorized to operate the FINEST System to conduct an Order of Protection database inquiry. c. In the event the precinct of occurrence is unable to conduct the inquiry, request the Communications Section dispatcher to conduct the inquiry. IF OFFENDER IS PRESENT OR THE SEARCH FOR THE OFFENDER WAS SUCCESSFUL AND THERE IS PROBABLE CAUSE THAT ANY FELONY HAS BEEN COMMITTED OR AN ORDER OF PROTECTION HAS BEEN VIOLATED: UNIFORMED MEMBER OF THE SERVICE 7. Arrest offender even if complainant/victim requests that offender not be arrested. a. When an Order of Protection is violated and the act that violates the Order is an offense, offender must be charged with that offense in addition to the appropriate charge for the violation of the Order of Protection. b. In all cases, whether the Order of Protection was issued by Family Court, Supreme Court, or Criminal Court, and whether the violation of the Order of Protection also constitutes an offense or not (e.g., offender in proximity to complainant’s residence or place of employment is not an offense in and of itself but does violate an Order of Protection), the violation of the Order of Protection shall be charged as the Penal Law crime of Criminal Contempt, or Aggravated Criminal Contempt, as appropriate, and the offender brought to Criminal Court. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-36 NOTE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 14 Under the federal 1994 Violence against Women Act, Orders of Protection issued by courts of other jurisdictions (other states, U.S. territories, tribal jurisdictions), in cases of domestic violence covered by this procedure, may be enforced in New York State. If the particular outof-state Order of Protection is available, and otherwise appears to be valid on its face (i.e., not expired, signed by a judge or justice of a court), and there is probable cause to believe that the Order of Protection has been violated, and that the offender had notice of the Order and an opportunity to be heard, uniformed members of the service will arrest the offender and charge him or her with either Criminal Contempt in the second degree (Penal Law Section 215.50 (3), Criminal Contempt in the first degree (Penal Law section 215.51 (b), (c), or (d)), or Aggravated Criminal Contempt (Penal Law section 215.52), as appropriate. In order to charge any of the criminal contempt charges above, for a violation of either an in-state or out-of-state Order of Protection, there must be a showing that the offender had “notice” of the issuance of the Order of Protection, either because he or she was present in court when the Order was issued or because he or she was duly served with the Order. In order to establish probable cause that the offender had notice, uniformed members of the service should ask the offender if he or she knew of the Order and if necessary ask the complainant/victim to verify that the offender had knowledge of the Order. Additionally, if such is deemed necessary, uniformed members of the service may call the court that issued the order during normal business hours to seek further information. In the case of out-of-state Orders of Protection, there is an additional requirement that the offender has had or will shortly have an opportunity to be heard. This essentially means that the offender was notified of a date to appear in the particular court in order to respond to the issuance of the Order. In order to take enforcement action, probable cause as to any of the following must exist: a. The offender appeared in court in response to issuance of the Order of Protection, b. The offender was served with notice to appear, in response to the issuance of the Order of Protection and failed to appear, or c. The offender was served with an Order of Protection with a notice to appear before the court within thirty days of the issuance of the Order of Protection. The inquiries set forth in the preceding paragraph may be used to establish the existence of this element of probable cause. In cases in which the Order of Protection is not produced by the complainant/victim, in addition to the procedure set forth in step “6,” above, uniformed members of the service shall inquire whether a record of the Order exists on the statewide registry of Orders of Protection or the protection order file maintained by the National Crime Information Center (NCIC). However, the presence of the Order on any file shall not be required for enforcement of the Order, provided that the uniformed member of the service has probable cause to believe that the Order is in existence through credible information supplied by the complainant/victim or other reliable source. When an offender is arrested for violating any Order of Protection, his or her arrest will, in ALL cases, be processed in New York City Criminal Court, regardless of the court that issued the Order. The offender will be charged with the appropriate criminal contempt charge. The offender will also be charged with any pertinent criminal offense for which probable cause exists. When an arrest is made for violation of a Family Court Order of Protection, the complainant/victim will be advised that he or she has a right to proceed independently in Family Court by filing a petition. However, uniformed members of the service are required to bring the offender before the local criminal court. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-36 REVISION NUMBER: PAGE: 08/01/13 7 of 14 WHEN THERE IS PROBABLE CAUSE THAT ANY MISDEMEANOR HAS BEEN COMMITTED, IN OR OUT OF THE UNIFORMED MEMBER’S PRESENCE, OR A VIOLATION HAS BEEN COMMITTED IN THE UNIFORMED MEMBER’S PRESENCE: UNIFORMED MEMBER OF THE SERVICE 8. Arrest offender. a. Under the Criminal Procedure Law, a uniformed member of the service must arrest the offender, unless the victim specifically states, on his or her own initiative, that he or she does not want the offender arrested. The uniformed member of the service shall not ask the victim if he or she wants to have the offender arrested. The uniformed member of the service retains the discretion to make an arrest in a misdemeanor case, despite the victim’s decision not to seek an arrest. NOTE The primary considerations when the complainant/victim does not want an arrest are the prevention of further violence and the safety of ALL household members. Factors to be taken into consideration include, BUT ARE NOT LIMITED TO: a. The past history of the offender and victim (prior arrests, incidents, injuries sustained etc.). If possible, conduct an inquiry through the Precinct Domestic Incident Database. b. The uniformed member of the service’s observations of the scene and victim. c. Statements of witnesses. d. Statements made by the offender (especially threats of suicide, homicide or other future violence). e. Threatened use of weapons, or the presence of or access to weapons by the offender. f. Mental and physical state of the offender (drug or alcohol intoxication, etc.). g. Presence of other household members who may be at risk, including the elderly. If an officer has any doubts about the continued safety of any household member, AN ARREST SHOULD BE EFFECTED. 9. Make an ACTIVITY LOG (PD112-145) entry if complainant/victim does not want an arrest for a misdemeanor or any violation committed in the uniformed member of the service’s presence by family/household member. a. Request complainant/victim to sign log entry. b. Enter “Refused Signature” if complainant/victim will NOT sign entry. IN CROSS COMPLAINT SITUATIONS, WHERE THERE IS PROBABLE CAUSE TO BELIEVE THAT MORE THAN ONE FAMILY OR HOUSEHOLD MEMBER HAS COMMITTED A FAMILY OFFENSE MISDEMEANOR, IN OR OUT OF THE UNIFORMED MEMBER OF THE SERVICE’S PRESENCE IN A SINGLE DOMESTIC INCIDENT: UNIFORMED MEMBER OF THE SERVICE 10. Attempt to identify the primary physical aggressor after considering the following criteria: a. The comparative extent of any injuries inflicted by and between the parties, NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-36 b. c. d. 8 of 14 Whether any of the parties are threatening or have threatened future harm against another party, family, or household member, Whether any of the parties has a prior history of domestic violence that the uniformed member of the service can reasonably ascertain, Whether any such person acted defensively to protect himself or herself from injury. Where one party has committed a family offense misdemeanor against a family/household member in response to or in retribution for a crime committed against him or her in the past, the responding uniformed members of the service shall not determine who is the “Primary Physical Aggressor” and proceed as required by step “8,” above. 11. 12. NOTE PAGE: 08/01/13 UNIFORMED MEMBER OF THE SERVICE (continued) NOTE REVISION NUMBER: Confer with the patrol supervisor. Arrest the offender identified as the primary physical aggressor. a. If complainant/victim requests that offender not be arrested, the uniformed member of the service may still effect the arrest. Where there is reasonable cause to believe that both parties to a particular domestic violence dispute have committed family offense misdemeanors and the responding uniformed members of the service are unable to determine who, if anyone, was the primary physical aggressor, it would be lawful to arrest both parties. Further, even where the responding uniformed members of the service are able to determine who was the primary physical aggressor, both parties may, if appropriate, be arrested. The primary consideration when deciding whether to arrest other persons, in addition to the primary aggressor, is the prevention of further violence and the safety to ALL household members. Evaluate each complaint separately. Do not base a decision to arrest or not to arrest on the willingness of a person to testify or otherwise participate in a judicial proceeding. If a complainant/offender/victim requests that the offender not be arrested, the uniformed member of the service may still effect an arrest. The primary considerations when the complainant/offender/victim does not want an arrest to be made are the prevention of future violence and the safety of ALL household members. (See “NOTE” following step “8”). 13. Make an ACTIVITY LOG entry of: a. Factors that resulted in determination or inability to determine that a particular offender was the primary physical aggressor b. Fact that the complainant/victim does not want an arrest to be made. (1) Request complainant/victim to sign ACTIVITY LOG entry (2) Enter “Refused Signature” if complainant/victim will not sign entry. WHEN THERE IS PROBABLE CAUSE THAT ANY VIOLATION HAS BEEN COMMITTED, NOT IN THE UNIFORMED MEMBER OF THE SERVICE’S PRESENCE: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-36 REVISION NUMBER: PAGE: 08/01/13 9 of 14 UNIFORMED MEMBER OF THE SERVICE 14. Refer complainant/victim as follows: a. Family/Household members, as defined in Family Court Act, AND family offense violation, to: (1) Family Court (2) Summons Part - Criminal Court (if concurrent jurisdiction exists, complainant may go to either court or both) b. Family/Household – Expanded Definition subdivisions “g” and “h” above and/or non-family offense violations – to Summons Part – Criminal Court. NOTE A uniformed member of the service cannot effect an arrest for VIOLATIONS NOT COMMITTED IN HIS/HER PRESENCE, UNLESS such violation is specifically prohibited in a current Order of Protection issued to the complainant/victim. The proper charge is Criminal Contempt in the Second Degree, Penal Law Section 215.50(3), or Criminal Contempt in the First Degree, Penal Law Section 215.51(b [v]) or (c) (see step “7,” subdivision “b,” above). WHEN CONCURRENT JURISDICTION EXISTS: UNIFORMED MEMBER OF THE SERVICE 15. Advise complainant/victim of the courts available to them and the purpose of each court as outlined in the “Definitions - Concurrent Jurisdiction” section. IN ALL CASES: UNIFORMED MEMBER OF THE SERVICE 16. 17. Advise complainant/victim of availability of shelter and other services by providing the 24 hour Domestic Violence Hotline number, as per the NYS Family Court Act. Prepare New York State Domestic Incident Report (DIR) (DCJS 3221-02/2010) in ALL instances in which response to OR becoming apprised of an incident (e.g., altercation, disturbance, conflict, or dispute) that involves members of the same Family/Household-Expanded Definition, or is an allegation of child abuse. a. If prepared in response to a radio run include SPRINT job number on form. b. List in the “Results of Investigation and Basis of Action Taken” section all factors that resulted in determination or inability to determine that a particular offender was the primary physical aggressor, when applicable. c. List any arrest or investigatory evidence invoiced, including photographs uploaded to the Domestic Violence Digital Photo database via PhotoManager, in the appropriate caption of the DIR. d. Ensure that the name and phone number of the precinct/PSA domestic violence prevention officer is printed on the bottom of the “Victim Rights Notice” (pink copy) attached to page “2” of the DIR. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-36 08/01/13 e. UNIFORMED MEMBER OF THE SERVICE (continued) f. g. h. NOTE REVISION NUMBER: PAGE: 10 of 14 Insert tax registry number of reporting member of the service in caption entitled “Officer I.D.” Give victim/complainant copy of both pages of the DIR (pink copies) and the “Victim Rights Notice” (pink copy) to complainant/victim, if present. Inform all parties that they may be contacted by the precinct/PSA domestic violence prevention officer concerning this incident. Uniformed members of the service MUST ask persons present if there are any firearms (i.e., handgun, rifle, shotgun, etc.) in the residence, another location (i.e., business, car, other residence, etc.), and/or if the offender is known to possess or carry a firearm. In cross complaint situations, a DIR shall be prepared for each complainant/victim. Every attempt should be made to have the complainant complete the “Statement of Allegations/Supporting Deposition” caption, regardless of what language he/she speaks or writes. DO NOT enter in “Statement of Allegations/Supporting Deposition” caption “Refused” or “Same as page 1” if the victim is unable to speak or write in English, unless the victim refuses. Always allow the victim to write in his/her primary speaking language if unable to write in English. If the need for an interpreter/translator arises, members of the service will comply with P.G. 212-90, “Guidelines for Interaction with Limited English Proficient (LEP) Persons” or P.G. 212-104, “Interaction with Hearing Impaired Persons,” as appropriate. The member of the service preparing the DIR should note the victim’s primary language in the appropriate box in the “Victim/Party 1” section of the DIR. In addition, the member of the service should note the identity of any interpreter used in the “Investigation” section of the DIR. 18. NOTE Use radio code dispositions to finalize assignment: a. 10-90F(1) DIR Prepared/No Offense Alleged; Only to be used in those instances where the uniformed member of the service responded to a dispute which did not rise to the level of an offense; OR b. 10-90F(2) DIR Prepared/Unfounded c. 10-92F Arrest Effected/DIR Prepared d. 10-93F COMPLAINT REPORT/DIR Prepared. These dispositions MUST be used to finalize any incident involving a Family/HouseholdExpanded Definition. Communications Section will NOT accept any other disposition code. If the assignment was initially categorized as other than signal 10-52, notify Communications Section dispatcher and use above codes to finalize the assignment. REPORTING PROCEDURE: MEMBER OF THE SERVICE 19. Prepare COMPLAINT REPORT (PD313-152) for each complainant/ victim in addition to the DIR when complainant/victim alleges an OFFENSE has been committed between members of the same Family/Household-Expanded Definition, including the violation of an Order of Protection. Include in the “Details” section: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-36 08/01/13 a. b. c. d. MEMBER OF THE SERVICE (continued) NOTE PAGE: 11 of 14 Whether an Order of Protection is in effect Issuing court, and If offender not present, the possible location(s) of offender In cross-complaint situations, where an attempt to determine which offender was the “primary physical aggressor” is required, include a statement that the offender was the “primary physical aggressor.” The COMPLAINT REPORT pertaining to the offender determined not to be the “primary physical aggressor” shall be CLOSED to “Patrol” and the “Details” section shall include a statement that the offender was determined not to be the “primary physical aggressor.” In cross-complaint situations requiring the preparation of two or more COMPLAINT REPORTS and where the responding uniformed members of the service are unable to determine which offender was the primary physical aggressor, the factors that resulted in the inability to make that determination must be included in the “Details” section of each COMPLAINT REPORT. 20. NOTE REVISION NUMBER: Enter in caption entitled “Unit Referred to”: a. Precinct Detective Squad - when COMPLAINT REPORT is prepared for: (1) Felony(s) (2) Violation(s) of an Order of Protection (3) Misdemeanor(s). The COMPLAINT REPORT MUST be classified as “open” in the above three circumstances, if an arrest is not made by patrol. However, in misdemeanor cases, close COMPLAINT REPORT only if complainant/victim does not want offender arrested and officer does not believe an arrest is warranted after considering criteria above. 21. 22. DESK OFFICER 23. 24. 25. 26. b. Court(s) victim was referred to in closed complaints. Advise the victim of the following when concurrent jurisdiction applies, as per the Family Court Act: a. Difference between proceedings in each court b. Importance in selection of the appropriate court to process charge(s) and option to change from one court to the other, or proceed in both. Make entry in ACTIVITY LOG regarding such advisement. DO NOT issue a DESK APPEARANCE TICKET or stationhouse bail when any offense is committed and an arrest is effected involving members of the same Family/Household-Expanded Definition. Verify accuracy and completeness of all required forms. Have prisoner removed to borough Court Section facility to complete arrest process. Ensure that digital photographs depicting domestic violence related evidence are taken for required cases and are uploaded into the Digital Photo database. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-36 DOMESTIC VIOLENCE PREVENTION OFFICER 08/01/13 27. REVISION NUMBER: PAGE: 12 of 14 Perform duties and process all DIR’s as per P.G. 202-29, “Domestic Violence Prevention Officer.” WHEN COMPLAINT REPORT IS CLASSIFIED AS OPEN AND REFERRED TO PRECINCT DETECTIVE SQUAD: DESK OFFICER 28. 29. ASSIGNED DETECTIVE 30. 31. 32. 33. Forward all open complaints of domestic violence to the Detective Squad together with completed and signed photocopy of DIR. Forward original DIR to the Precinct Domestic Violence Unit for prompt entry into the Domestic Incident Report database. Immediately attempt to interview the complainant and obtain the facts of the case, confirm the name of the perpetrator and obtain all other necessary information (e.g., all involved addresses, nickname, date of birth, cellular and landline telephone numbers, e-mail addresses, information regarding relatives and associates, etc.). Conduct necessary computer checks (e.g., BADS, MSWS, etc.) regarding all involved persons and locations. Activate an INVESTIGATION CARD (PD373-163) for a named perpetrator no later than the end of assigned tour regardless of whether the complainant was interviewed or whether a DIR was forwarded to the Detective Squad. a. Information regarding activated INVESTIGATION CARDS will be communicated/forwarded to the precinct/police service area (PSA) Domestic Violence Unit (DVU) daily. (1) The date, time and name of the person notified will be documented in the Enterprise Case Management System (ECMS). b. When an INVESTIGATION CARD is cancelled, the involved domestic violence unit will be notified. (1) The date, time and name of the person notified will be documented in the ECMS. Confer with precinct/PSA domestic violence unit sergeant if named perpetrator cannot be immediately apprehended. a. Domestic violence prevention officer(s) will assist in the apprehension efforts within the confines of the precinct/PSA, if assigned. NOTE The INVESTIGATION CARD will also be forwarded to the Domestic Violence Unit of the precinct/PSA of offender’s residence. DETECTIVE SQUAD COMMANDER 34. Confer bi-weekly with the Precinct/PSA commanding officer and domestic violence unit sergeant regarding active and canceled domestic violence INVESTIGATION CARDS. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-36 DOMESTIC VIOLENCE PREVENTION OFFICER 08/01/13 35. 36. 37. 38. 39. 40. REVISION NUMBER: PAGE: 13 of 14 Open a case in the Domestic Incident Report database. Document all interactions with Detective Squad members in the case file utilizing the DIR database “case management” feature, in addition to inputting all other relevant data (i.e., related complaints, Domestic Incident Reports, home visits made, etc.). Confer with the assigned detective prior to making a home visit involving a named perpetrator. Effect arrest if named perpetrator is present during home visit. a. If the arrest involves a serious felony or a complex investigation, the assigned detective will assist the arresting domestic violence prevention officer concerned. Notify the involved Precinct Detective Squad to cancel the INVESTIGATION CARD when named perpetrator is arrested. Inform assigned detective of all attempts to locate named perpetrators. 41. Document all attempts made by the domestic violence prevention officer to locate named perpetrator in the ECMS. 42. DETECTIVE ZONE COMMANDING OFFICER Review all domestic violence INVESTIGATION CARDS and periodically confer with the precinct/PSA commanding officers to ensure that the proper notifications have been made. ASSIGNED DETECTIVE ADDITIONAL DATA The immediate apprehension of domestic violence offenders is of paramount importance. Joint efforts involving the Precinct Detective Squad and the precinct/PSA Domestic Violence Unit is the most effective way to expeditiously apprehend named perpetrators. Therefore, it is incumbent upon Detective Zone commanding officers and Precinct Detective Squad commanders to coordinate frequent joint operations/sweeps with the precinct/PSA commanding officer, special operations lieutenant and domestic violence unit sergeant to apprehend multiple named perpetrators. A uniformed member of the service will, when requested by a petitioner, assist in the service of an Order of Protection, summons, or petition (Orders of Protection issued by the Family Court and delivered directly to the Department will be served according to P.G. 212-57, “Service Of Family Court/Supreme Court Orders Of Protection By Uniformed Members Of The Service”). To avoid unnecessary court appearances by uniformed members of the service who are requested by a petitioner to serve a respondent with an Order of Protection, summons, or petition, uniformed members of the service will prepare STATEMENT OF PERSONAL SERVICE (PD260-152). The uniformed member concerned will sign the STATEMENT OF PERSONAL SERVICE after completing all captions on the form. It is no longer sworn to before a supervisory officer. The original copy (white) will be given to the petitioner and the duplicate copy (blue) will be filed in the precinct of service. Domestic Incident Reports, are potential Rosario material, and must be maintained at the precinct of occurrence. If an arrest is effected, the arresting officer must ensure that the Assistant District Attorney is provided with a copy of the Domestic Incident Report prepared in regards to the incident. When requested, the domestic violence prevention officer will make all Domestic Incident Reports prepared regarding the person arrested available to a Assistant District Attorney. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-36 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 14 of 14 In violation cases referred to the Criminal Court - Summons Part, the complainant/victim must have the offender’s address available for service of the summons. Misdemeanor cases should NOT be referred to the Criminal Court Summons Part. The preferred course of action is to advise the complainant/victim to contact the police on the next contact with the offender and request an arrest, presenting the Domestic Incident Report as proof of the previous complaint. Uniformed members of the service responding to a report of a domestic incident will question persons present about the existence of firearms in the household. Seize ANY firearms (including rifles and shotguns), and licenses/permits, if: (1) License holder is arrested, regardless of the charge; or (2) An Order of Protection exists against the licensee; or (3) When the incident involves physical force or the threat of physical force. When a uniformed member of the service reasonably believes that the presence of firearms at a location creates imminent risk of physical injury or serious physical injury, the following actions should be taken to remove the weapon from the location: (1) Seize illegally possessed firearm(s) and make an arrest. (2) Seize legally possessed firearm(s) when such weapons create imminent risk of physical injury or serious physical injury. (3) Voucher legally possessed firearms which are voluntarily surrendered by participants in domestic incidents. In all incidents involving pistol or permit holders, notify the License Division Incident Section and comply with P.G. 212-118, “Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits.” License/permit holders must immediately notify the License Division, Incident Section, of any police incident in which they are involved. RELATED PROCEDURES Desk Appearance Ticket - General Procedure (P.G. 208-27) Invoicing Property General Procedure (P.G. 218-01) Unlawful Evictions (P.G. 214-12) Family Offenses and Domestic Violence Involving Uniformed or Civilian Members Of The Service (P.G. 208-37) Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children (P.G. 215-03) Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits (P.G. 212-118) Computerized Investigation Card System (P.G. 208-23) Domestic Violence Prevention Officer (P.G. 202-29) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) DESK APPEARANCE TICKET (PD260-121) STATEMENT OF PERSONAL SERVICE (PD260-152) INVESTIGATION CARD (PD373-163) New York State Domestic Incident Report (DCJS 3221-02/2010) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-37 FAMILY OFFENSES AND DOMESTIC VIOLENCE INVOLVING UNIFORMED OR CIVILIAN MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To process domestic incidents involving uniformed or civilian members of the service. PROCEDURE When directed to respond on a radio run or assignment that is later deemed to be a family offense or domestic incident (as per the Department’s expanded definition of Family/Household) involving uniformed or civilian members of the service: NOTE Effective January 1, 1996, the Criminal Procedure Law mandates that an arrest be made when an officer establishes probable cause that any family offense misdemeanor has been committed, unless the victim, on his/her own volition, requests that an arrest not be made. The law prohibits a uniformed member of the service from inquiring whether the victim seeks an arrest of such person. In addition, uniformed members of the service are reminded that P.G. 208-36, “Family Offenses/Domestic Violence,” sets out a mandatory arrest policy if a uniformed member of the service establishes probable cause that any felony has been committed or an order of protection has been violated. RESPONDING MEMBER OF THE SERVICE 1. 2. 3. NOTE Communications Section will automatically direct the patrol supervisor to respond to the scene of all family-related incidents involving members of the service. Obtain medical assistance if requested or the need is apparent. Ascertain the facts. Ensure that the patrol supervisor is responding. A member of the service performing stationhouse duties who is apprised of a domestic incident involving a member of the service will notify the desk officer. The desk officer will ensure that the procedures outlined in this order are followed. PATROL SUPERVISOR 4. Comply with the provisions of P.G. 208-36, “Family Offenses/Domestic Violence.” a. Direct the preparation of a New York State Domestic Incident Report (DCJS 3221) in all cases. (1) Give the last copy (pink) and the “Information to Victims of Domestic Violence” sheet (gold) to the complainant/victim. IN ALL CASES INCLUDING WHEN NO OFFENSE HAS BEEN ALLEGED: PATROL SUPERVISOR 5. 6. Comply with P.G. 208-36, “Family Offenses/ Domestic Violence.” Apprise the parties of the availability of counseling (see Additional Data statement). NOTE When there is doubt as to who is the offender and who is the victim, or if there is a cross-complaint situation, the commanding officer/duty captain will be notified and will determine the course of action. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-37 REVISION NUMBER: PAGE: 08/01/13 2 of 5 WHEN THE MEMBER OF THE SERVICE IS A VICTIM: PATROL SUPERVISOR 7. Notify precinct commanding officer/duty captain who will ensure that appropriate action is taken and apprise parties of the availability of counseling. IF THE MEMBER OF THE SERVICE IS ALLEGED TO HAVE COMMITTED AN OFFENSE, IN ADDITION TO STEPS 5 AND 6, COMPLY WITH THE FOLLOWING STEPS: PATROL SUPERVISOR 8. NOTE If a member of the service is arrested, comply with P.G. 206-11, “Member Of The Service Arrested - Uniformed Or Civilian.” 9. DESK OFFICER 10. 11. 12. Direct that a COMPLAINT REPORT WORKSHEET (PD313-152A) be prepared. Notify desk officer, precinct of occurrence. Notify and confer with precinct commander/duty captain. Notify Internal Affairs Bureau Command Center and obtain Log Number. a. Enter the IAB Log # in the “Details” section of the NYS Domestic Incident Report. b. Enter IAB Log # in the “Details” section of the COMPLAINT REPORT (IAB will determine the appropriate investigating command.) c. Enter the words “IAB Log #” and the corresponding Log # in the precinct Domestic Incident Report Log under the caption Precinct Serial #.” Also, have entered the corresponding SPRINT number in the caption “SPRINT NO.” (For the purposes of this procedure, Transit Bureau personnel will use the “CAD. NO.” in place of the “SPRINT NO.” for assignments that originate through Transit Bureau communications). d. Direct that the NYS Domestic Incident Report be entered into the Domestic Violence Database (including the IAB Log #). Prepare report on Typed Letterhead in all cases even if offender was not present. Provide details of incident and include domestic referrals/counseling offered to the victim. Forward with copy of COMPLAINT REPORT and NYS Domestic Incident Report in a sealed envelope, as follows: a. Chief of Internal Affairs (original and canary copy of DIR) b. Commanding officer, member of the service involved. (If more than one member of the service is involved, send a copy of report to commanding officer of each.) c. Commanding officer, precinct of occurrence. (1) Maintain in confidential file. d. Commanding officer, borough investigations unit concerned. e. Commanding officer, borough investigations unit covering member’s command, if different from “d.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-37 PAGE: 08/01/13 f. DESK OFFICER (continued) NOTE REVISION NUMBER: 3 of 5 Commanding officers of: (1) Medical Division (2) Employee Management Division (immediately, by fax) (3) Personnel Orders Section, if firearms are removed. In situations where the complainant/victim is present at the stationhouse, the desk officer will ensure that only persons who are investigating the incident have access to the complainant/victim. No other copies or files relating to the investigation will be maintained in the precinct of occurrence other than in the commanding officer’s confidential file. Victims of domestic violence may be referred to the following in an effort to provide appropriate victim services: NYC Victims Services NYS Coalition Against Domestic Violence (800) 621-HOPE (4673) (800) 942-9606 COMMANDING OFFICER/ DUTY CAPTAIN 13. NOTE Whenever notification of an incident involving a member of the service (uniformed or civilian) residing outside the City of New York is received, the appropriate duty captain will be responsible for conducting an investigation. All decisions concerning the initial investigation of the allegation remain the responsibility of the duty captain. Follow-up notifications concerning actions taken or anticipated will be made to update the Internal Affairs Bureau Command Center. COMMANDING OFFICER/M.O.S. INVOLVED 14. Review and maintain a confidential file of all reports regarding members of the service involved in domestic incidents. a. Confer with Internal Affairs Bureau or investigations unit concerned, regarding status of ongoing investigations. I.A.B. MEMBER CONCERNED 15. Determine immediately, if circumstances necessitate an investigation be conducted by Internal Affairs Bureau. a. In all other cases, refer the investigation to the investigations unit covering the borough of occurrence. Commence an immediate investigation and take appropriate action as indicated by P.G. 208-36, “Family Offenses/Domestic Violence.” a. Make a background inquiry through the Internal Affairs Bureau Command Center during the initial stages of an official investigation involving a member of the service and PRIOR to suspending, modifying or placing the member concerned on restricted duty pending evaluation of duty status. This conferral is to obtain background information that may assist in the investigation. All decisions regarding the investigation, as well as any resulting determination regarding the member’s duty status, remain the responsibility of the commanding officer/duty captain concerned. b. If the offender is not present and further investigation is required, confer with the Internal Affairs Bureau and request assistance if needed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-37 16. INVESTIGATION UNIT ASSIGNED 18. 17. 19. 4 of 5 Designate a supervisory member of the unit to be a “Domestic Violence Investigator.” Ensure that the investigations unit is equipped with a Domestic Incident Report database. Ensure that the NYS Domestic Incident Report has been entered into the Domestic Violence Database System. Conduct the Domestic Violence Database System Review process and finalize the DIR in the database. Check the database for a record of prior domestic incidents. In addition, confer with the integrity control officer of the subject’s and victim’s resident precincts to ascertain if other NYS Domestic Incident Reports have been prepared, (e.g., no allegation was alleged, etc.). Also, check with the investigations unit covering the command of the subject member of the service. 20. 21. ADDITIONAL DATA PAGE: 08/01/13 INVESTIGATIONS UNIT, COMMANDING OFFICER NOTE REVISION NUMBER: Confer with Internal Affairs Bureau to ascertain whether there exists any record of prior domestic violence incidents involving the subject member of the service. Confer with the Domestic Violence Officer of the victims resident precinct/local police agency to ascertain if there are domestic violence services available and make appropriate referrals to the victim. Document referrals made in case folder. An off-duty uniformed member of the service present at an unusual police occurrence (including family disputes and other incidents of domestic violence) in which the officer is either a participant or a witness is required to remain at the scene when feasible and consistent with personal safety and request the response of the patrol supervisor. In situations where remaining at the scene is not feasible, uniformed members are to notify the desk officer, precinct of occurrence. When the incident occurs outside the City of New York, the uniformed member of the service is to notify the Operations Unit. Counseling and other services are available for both members of the service and their families. Uniformed and civilian members or their families may contact any of the units listed below to obtain necessary services and referrals for counseling, shelter and other assistance: Family Counseling Unit Employee Relations Section Early Intervention Unit Counseling Service Unit Chaplains’ Unit Psychological Services Section Sick Desk Sick Desk Supervisor NYPD HELPLINE Operations Unit (718) 760-7665 (212) 374-5434 (212) 374-6730 (212) 489-0586 (212) 374-6472 (718) 760-7665 (718) 760-7600 (718) 760-7606 (718) 271-7777 (212) 374-5580 After hours, or in an emergency, contact the HELPLINE, Sick Desk or Operations Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-37 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 In addition, the following non-Departmental programs and Domestic Violence Prevention Hotlines can provide referrals: New York City (Victims Services) NYS Coalition Against Domestic Violence National Coalition Against Domestic Violence PBA Membership Assistance Program Police Self Support Group 800-621-HOPE(4673) 800-942-6906 (202)-638-6388 888-267-7267 (718) 745-3345 RELATED PROCEDURES Employment Discrimination (P.G. 205-36) Family Offenses/Domestic Violence (P.G. 208-36) Threats To Members Of The Service (P.G. 212-31) Member Of The Service Arrested -Uniformed Or Civilian (P.G. 206-11) FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) New York State Domestic Incident Report (DCJS 3221) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-38 NEW YORK STATE ORDER OF PROTECTION REGISTRY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To establish guidelines to be followed whenever a complainant claims to be the petitioner (possessor) of an active order of protection but is either unable to produce a copy of the order or produces one that is illegible, for the responding officer's review. PROCEDURE When a member of the service is informed by a complainant that he/she possesses an active order of protection, which has been violated, but is unable to produce a copy of that order. UNIFORMED MEMBER OF THE SERVICE 1. NOTE The above list of information to be obtained, if possible, from the complainant serves to aid the member accessing the system in verifying that the correct order has been located. Failure to obtain certain information from this list will not prevent the locating of a database file; an order can be located merely by entering the petitioner's (complainant's) name and date of birth. However, every attempt should be made to ascertain as much information as possible concerning the order and the parties to whom it pertains. 2. 3. NOTE Ascertain from the complainant all available information concerning the order (e.g., court of issuance, date of issuance, the names, addresses and dates of birth of all parties concerned, etc.). Telephone Central Records Division, Identification Section to verify that an Order of Protection was issued, court of issuance, specific conduct prohibited and the expiration date. If the Identification Section reports that there are no Orders of Protection on file pertaining to the complainant/victim, telephone the precinct of occurrence and request a member of the service authorized to operate the FINEST System to conduct an Order of Protection database inquiry. a. In the event the precinct of occurrence is unable to conduct the inquiry, request the Communications Division dispatcher to conduct the inquiry. The following information is obtainable through the database: a. Data relating to the person requesting the Order of Protection (name, address, date of birth, etc). b. Data relating to the person against whom the order runs (name, address, date of birth, etc). c. The terms and conditions of the order. d. Date and court of issuance, and date of expiration. e. Whether the respondent has been served with a copy of the order. f. Additional comments regarding the parties involved and unique terms of the order. It should be noted that the state database will not contain Orders of Protection that have been issued prior to October 1, 1995. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-38 NOTE (continued) REVISION NUMBER: PAGE: 08/01/13 2 of 2 The Central Records Division intranet database application will be utilized to access information for all Orders of Protection issued by New York City based courts, as outlined in Patrol Guide 208-36, “Family Offenses/Domestic Violence.” WHEN THE COMPLAINANT INDICATES THAT THE ORDER WAS ISSUED PRIOR TO OCTOBER 1, 1995, OR A STATE DATABASE INQUIRY REVEALS THAT THERE IS NO ORDER ON FILE RELATING TO THE PARTIES CONCERNED UNIFORMED MEMBER OF THE SERVICE 4. Telephone Central Records Division, Identification Section to verify the existence of the order. WHEN A STATE DATABASE INQUIRY REVEALS THAT THERE IS AN ACTIVE ORDER OF PROTECTION IN EFFECT UNIFORMED MEMBER OF THE SERVICE 5. NOTE In order to effect an arrest for violation of an order of protection, the member must have probable cause to believe the order was effectively served upon the respondent PRIOR to its violation. While a notation in the database file will provide the member with sufficient probable cause to believe the order was effectively served, the absence of such information in the database file will not automatically prevent the member from making the arrest. If the member, through alternative means, can verify that the order was properly served (e.g., an affidavit of service, an admission by the respondent that he/she was properly served, etc) then the arrest can be effected. 6. 7. Verify that the order relates to the parties involved, naming the complainant as petitioner and the offender as the respondent. Verify that the respondent has been previously served with a copy of the order. Determine whether there exists probable cause to believe that the terms of the order have been violated by the respondent. If probable cause does exist, comply with the applicable provisions of P.G. 208-36, “Family Offenses/Domestic Violence.” ADDITIONAL DATA The fact that the order has not been properly served or that the specific terms of the order have not been violated will not prevent the member from effecting an arrest if the underlying conduct constitutes a crime. RELATED PROCEDURE Family Offenses/Domestic Violence (P.G. 208-36) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-39 FAMILY OFFENSES/DOMESTIC VIOLENCE (DIGITAL PHOTOGRAPHY OF VISIBLE INJURIES/DAMAGED PROPERTY) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To capture, catalog, store and maintain digital photographic evidence of visible injuries and/or damaged property as a result of domestic violence. SCOPE All precinct and police service area commands citywide are now able to digitally capture domestic violence photos and transmit them as a permanent record into the Domestic Violence Digital Photo Database. These images may then be instantly viewed by prosecutors at each borough’s District Attorney’s Office and the New York Law Department (Corporation Counsel) who will have access to the Domestic Violence Digital Photo Database. Prosecutors may then present digital images of domestic violence to judges at the time of arraignment, thereby strengthening the District Attorney’s case. In addition, uniformed members acting in investigatory and support roles (Detective Bureau personnel, domestic violence prevention officers, etc.) will be able to view these photos prior to making further contact with the victim and/or offender. PROCEDURE Upon responding to the scene of a reported domestic violence incident: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. Comply with P.G. 208-36, “Family Offenses/Domestic Violence.” Determine if photographs must be taken. Ascertain if the victim is willing to be photographed. a. Advise the victim that photographable evidence is crucial to future prosecutorial efforts and/or civil process such as divorce and child custody proceedings. b. If victim is not willing to be photographed, note refusal in ACTIVITY LOG (PD112-145), and if possible, have victim sign entry. Notify the patrol supervisor and request that the domestic violence digital camera be brought to location. NOTE Only the domestic violence digital camera should be used to capture domestic violence evidence. No other cameras are compatible with the domestic violence capture station located in the area of the precinct desk. PERSONAL PHOTOGRAPHIC EQUIPMENT (CAMERAS, CELL PHONES, HANDHELD COMPUTERS, ETC.) SHOULD NEVER BE USED TO CAPTURE DOMESTIC VIOLENCE EVIDENCE. The Domestic Violence Digital Photo Database will be the sole repository for photographs of all domestic violence evidence. PATROL SUPERVISOR 5. NOTE Domestic violence prevention officers are also equipped with a digital camera. When working in the field, domestic violence prevention officers should respond to the scene where a domestic violence digital camera has been requested. Respond to requested location with domestic violence digital camera and direct photographs be taken of complainant/victim (if willing) and scene, if appropriate. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-39 REVISION NUMBER: PAGE: 08/01/13 2 of 5 UNIFORMED MEMBER OF THE SERVICE 6. Take digital photographs as necessary, including but not limited to: a. Visible injuries NOTE Injuries may not be initially prominent, therefore it is crucial for domestic violence prevention officers and investigators to take follow-up photographs for bruises that appear at a later time. When a victim makes a complaint of substantial pain (Assault 3rd Degree), and there are no visible injuries, do not take photos. b. c. d. e. f. g. NOTE The digital camera is to be set at the highest resolution setting to maximize the quality of the photo with minimal file size. Each photo takes approximately one megabyte of data storage. Therefore, memory cards containing 256 megabytes of memory will be able to hold approximately 256 photos; those with 512 megabytes will hold around 512 photos, etc. The storage capacity of the camera enables members of the service to take as many photos as needed to depict any evidence and/or violence in the home. There is no longer a limit to the number of photos or “sets” of photos that can be taken in domestic violence cases. Do not set the digital camera memory to “internal memory.” The camera must be set to capture photos on a memory card. Photos saved on the internal memory mode cannot be uploaded into the Domestic Violence Digital Photo Database. 7. NOTE Damaged property Weapons Overall scene to illustrate items in disarray, indicating domestic violence or distress in home Other types of evidence (i.e., pictures of caller-id box for aggravated harassment or flowers/notes for stalking, blood on the clothes/hands or ripped clothing of the victim/perpetrator, etc.) Both pages (Data Sheet and Statement of Allegations written and signed by victim) of the completed New York State Domestic Incident Report (DCJS 3221-6/05) Photo of the victim from the waist up, providing context for the series of photos. Ensure that the phrase “DIGITAL PHOTOS” is documented on the “Evidence Collection” portion of the COMPLAINT REPORT WORKSHEET (PD313-152A) and the “Incident #” obtained from the first caption on the initial screen in the Domestic Violence Digital Photo Database is documented in “Invoice #” caption. a. This “Incident #” is used by personnel at the District Attorney’s Office to retrieve digital photos during pre-arraignment. Polaroid film will no longer be used to capture domestic violence evidence. Therefore, PROPERTY CLERK INVOICES (PD521-141) will no longer be used to voucher domestic violence digital photos. Domestic violence digital photos will be uploaded into the Domestic Violence Digital Photo Database and NOT vouchered. Members are reminded that the photographing of evidence does not substitute for the collection and invoicing of physical evidence (i.e., weapons, clothing, etc.). Members will adhere to Patrol Guide 218-01, “Invoicing Property – General Procedure” when invoicing physical evidence. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-39 REVISION NUMBER: PAGE: 08/01/13 3 of 5 UNIFORMED MEMBER OF THE SERVICE (continued) 8. Ensure that the “Photo Section” of the New York State Domestic Incident Report is completed after the victim completes the “Statement of Allegations/Supporting Deposition” section located on page two of the Domestic Incident Report. ARREST PROCESSING OFFICER/ ARRESTING OFFICER/ ASSIGNED OFFICER 9. Upload all digital photos taken from the digital camera into the Domestic Violence Digital Photo Database by docking the camera and following the prompts from the system. NOTE Domestic violence digital photos must be uploaded into the Domestic Violence Digital Photo Database by the arresting/assigned officer at the earliest opportunity. Digital photos are needed by the District Attorney’s Office in arrest cases and by detective investigators on open cases. 10. Adhere to the following in all cases: a. Ensure that the Domestic Violence Digital Photo Database is logged on as DVCAM. No password is necessary. b. Place the camera on the docking station and press the space bar (camera can be on or off). c. Close the “Internal Memory” and “Picture Card” windows that appear. d. Click on the “Domestic Violence Camera” icon. e. If the pending box appears, close it and click on the “Capture” icon. f. Check off the appropriate relationship(s) to associate the specific domestic relationship. g. Answer all mandatory fields designated by an asterisk. h. Click on “add” to add photos. i. Click on photo thumbnails pertaining to the file, then click “OK” and await transfer of photos. j. Complete the captions located beneath the photos. k. Click on “Save” and the photos are now saved to the database. NOTE Instructions for the use of the domestic violence digital camera and the uploading and hosting of domestic violence photos into the Domestic Violence Photo Database are maintained at the desk, the Command Reference Library, and are available on the Department Intranet site. UNIFORMED MEMBER OF THE SERVICE 11. 12. 13. Make an ACTIVITY LOG entry indicating date, time, number of digital photos taken, name and tax number of the officer taking the photos, name and tax number of officer uploading the images, and the name of the Assistant District Attorney confirming receipt if arrest is effected. Ensure the COMPLAINT REPORT (PD313-152) number is obtained and entered into the system as soon as practicable. Print one copy of the image(s) using the thumbnail feature and attach it to the NYS Domestic Incident Report. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-39 DOMESTIC VIOLENCE PREVENTION OFFICER REVISION NUMBER: PAGE: 08/01/13 14. 15. 16. 4 of 5 Review all completed NYS Domestic Incident Reports, finalized COMPLAINT REPORT printouts, and the Domestic Violence Digital Photo Database daily to make certain that the digital photos for domestic violence were taken as necessary. Perform follow-up with victims and take digital photos as necessary. Host digital photos after the COMPLAINT REPORT has been finalized in the On Line Complaint System (OLCS). NOTE Once hosted, information contained in the OLCS will automatically transfer to occupy captions in the Domestic Violence Digital Photo Database. ADDITIONAL DATA The uploading of domestic violence digital photos into the Domestic Violence Digital Photo Database does not require a unique password. The universal password “DVCAM” should be used to gain access to the system. Once uploaded, personnel at the District Attorney’s Office can instantly view domestic violence digital photos. Therefore, arresting/assigned officers MUST upload any domestic violence photos from the camera into the database during arrest processing (arrest evidence) or prior to the end of their tour (non-arrest/investigatory evidence), whichever applies. The domestic violence camera and capture station must be maintained in the vicinity of the command desk. Commanding officers will ensure that digital cameras are accessible at all times. Desk officers will allow access to uniformed members of the service to upload/host digital photos into the Domestic Violence Digital Photo Database. When not in use, domestic violence digital cameras must be left on the docking station to maintain a charge. The docking station also serves as a conduit to upload domestic violence photos. The digital cameras assigned to the command are to be included in the commands computer self-inspection worksheet and inventory. MAINTENANCE OF THE DOMESTIC VIOLENCE DIGITAL PHOTO CAMERA DESK OFFICER 17. NOTE At the beginning of each tour: a. Inspect all domestic violence digital cameras assigned to patrol. b. Ensure docking station, cables and memory cards (check inside cameras) are operational. c. Make a Command Log entry of results. If during inspection, cameras/related equipment are found to be inoperable, the desk officer will immediately notify the Domestic Violence Unit. The Domestic Violence Unit is open Monday though Friday, between 0600 and 1800 hours. However, a message must be left during non-office hours. Domestic Violence Unit personnel will return the call as soon as possible. In the event that the computer where the digital camera capture station resides becomes disabled/inoperable, the desk officer will immediately call the MISD Help Desk and the Domestic Violence Unit. An entry of these notifications will be made in the Telephone Record. If during inspection, the loss or theft of any domestic violence camera equipment is discovered, be guided by P. G. 219-20, “Loss or Theft of Department Property.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-39 REVISION NUMBER: PAGE: 08/01/13 5 of 5 PATROL SUPERVISOR 18. Make a Command Log entry when signing out or returning a domestic violence digital camera. DOMESTIC VIOLENCE PREVENTION OFFICER 19. Inspect all domestic violence digital cameras each day to ensure operability and that all photos are uploaded into the Domestic Violence Digital Photo Database. a. If upon inspection, any domestic violence cameras/related equipment are missing, lost or inoperable, notify the desk officer. DOMESTIC VIOLENCE SERGEANT 20. Ensure that digital photos are being taken with domestic violence digital cameras by first responding officers, as appropriate. Take corrective action when necessary. TRAINING SERGEANT 22. RELATED PROCEDURES Family Offenses/Domestic Violence (P.G. 208-36) Invoicing Property – General Procedure (P.G. 218-01) Family Offenses and Domestic Violence Involving Uniformed Members of the Service (P.G. 208-37) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT WORKSHEET (PD313-152A) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) New York State Domestic Incident Report (DCJS 3221-6/05) 21. Ensure that all uniformed members of the service assigned to the command are properly trained in the taking and uploading of domestic violence digital photos. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-40 INTOXICATED OR IMPAIRED DRIVER ARREST DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 6 PURPOSE To process persons arrested for operating a vehicle while under the influence of alcohol or drugs. PROCEDURE Upon arresting a person for operating a vehicle while under the influence of alcohol or drugs: ARRESTING OFFICER 1. Request response of patrol supervisor. PATROL SUPERVISOR 2. 3. Respond to scene and verify arrest. Direct arresting officer to request Communications Section to dispatch Highway District personnel to designated testing location. a. Ensure time of arrest is stated when making request. Read CHEMICAL TESTING STATEMENT (PD244-111) to prisoner in presence of arresting officer, if prisoner has caused a serious physical injury or death to another individual or a serious physical injury to him/herself. a. Record prisoner’s response in ACTIVITY LOG (PD112-145) b. Comply with P.G. 217-16, “Chemical Test Warrant Application,” if prisoner refuses to submit to a chemical test. 4. NOTE If the prisoner has stated that he/she refuses to submit to a chemical test, members of the service will immediately comply with P.G. 217-16, “Chemical Test Warrant Application,” and begin the process to obtain a chemical test warrant, if applicable. Members should be aware that any delay in applying for a chemical test warrant may result in a reduced alcohol concentration level when the chemical test is administered. 5. NOTE Direct arresting officer to remove prisoner, in a Department vehicle, to designated testing location. a. Assign adequate personnel to escort prisoner, depending on circumstances. When a prisoner arrested for Driving While Intoxicated/Impaired is hospitalized, normal arrest procedures will be followed and the Highway District technician will respond to the hospital to conduct appropriate tests. 6. 7. 8. 9. Have prisoner’s vehicle removed to precinct of arrest for safeguarding. Comply with P.G. 218-19, “Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner,” if circumstances warrant seizure of vehicle. Notify desk officer, precinct of arrest regarding details of arrest. Inform desk officer, precinct of arrest to notify Operations Unit and request a notification be made to District Attorney’s Office, if prisoner has caused a serious physical injury or death to another individual or a serious physical injury to him/herself. a. Inform desk officer, precinct of arrest of prisoner’s response to the CHEMICAL TESTING STATEMENT. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-40 REVISION NUMBER: PAGE: 08/19/13 2 of 6 NOTE Regardless of the operator’s decision to consent to a chemical test, a notification to the Operations Unit and the District Attorney’s Office will be made when a serious physical injury or death has occurred to an individual or a serious physical injury has occurred to the operator. The arresting officer will keep the District Attorney’s Office apprised of the arrest process and will apply for a chemical test warrant if the prisoner subsequently refuses to submit to a chemical test at a later time. If the operator suffers a serious physical injury and no other person suffers a serious physical injury or death, a member of the service can not apply for a chemical test warrant for that operator. DESK OFFICER, PRECINCT OF ARREST 10. OPERATIONS UNIT MEMBER 12. 13. 11. 14. ARRESTING OFFICER 15. 16. 17. 18. DESK OFFICER, TESTING LOCATION 19. 20. Make required entries in Command Log and on ROLL CALL (PD406144) pertaining to arresting officer’s post change and Department auto number of vehicle used to transport prisoner to testing location. Contact Operations Unit and request a notification be made to District Attorney’s Office, if prisoner has caused a serious physical injury or death to another individual or a serious physical injury to him/herself. a. Provide Operations Unit member with the following: (1) Arresting officer’s name, tax registry number, shield number and command (2) Prisoner’s pedigree information (3) Desk telephone number of designated testing location. b. Make Telephone Record entry regarding notification. Notify appropriate District Attorney’s Office. Provide assistant district attorney with the following: a. Arresting officer’s name, tax registry number, shield number, and command b. Desk telephone number of designated testing location c. Prisoner’s pedigree information. Notify desk officer, precinct of arrest and provide assistant district attorney’s name and telephone number. Conduct a thorough field search of prisoner prior to transportation. Remove prisoner to designated testing location, and comply with pertinent arrest procedures. a. Arresting officer will invoice, as evidence, any credit card receipts from a recent stop from restaurants, bars, sporting events, etc., and any alcohol or alcohol container found on the prisoner. Report, with prisoner, to desk officer at testing location. Inform desk officer, testing location, if prisoner has caused a serious physical injury or death to another individual or a serious physical injury to him/herself. Make entry in Command Log of: a. Identity of arresting officer and Department vehicle used b. Identity and pedigree of prisoner. Verify that Highway District has been notified and responding. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-40 ARRESTING OFFICER PAGE: 08/19/13 21. 22. NOTE REVISION NUMBER: 3 of 6 Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). Record the following vehicle information in the “Narrative” section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET: a. The make, model, year and color of the vehicle operated by the defendant b. The license plate number of the vehicle operated by the defendant and the state the vehicle is registered in. (1) If the vehicle does not have a metal plate, the temporary or alternate plate will be recorded. The above information will be recorded in the “Narrative” section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET even if the defendant was not the owner of the vehicle being operated at the time of arrest. The name and address (apartment number, if applicable) of the registered owner of the vehicle will be recorded in addition to the above. 23. Prepare INTOXICATED DRIVER EXAMINATION (ARRESTING OFFICER) – FIRST SHEET (PD244-154) and INTOXICATED DRIVER EXAMINATION (ARRESTING OFFICER) – SECOND SHEET (PD244-154B). DESK OFFICER, TESTING LOCATION 24. Review the ON LINE BOOKING SYSTEM ARREST WORKSHEET to ensure completeness and verify that information regarding the vehicle operated by the defendant is recorded for all Driving While Intoxicated or Impaired Driver arrests. I.D.T.U. TECHNICIAN 25. Complete captions on INTOXICATED DRIVER EXAMINATION INSTRUCTION SHEET (PD244-154A). Comply with “Section One Chemical Test” on INTOXICATED DRIVER EXAMINATION INSTRUCTION SHEET. Administer chemical test to prisoner, if applicable. 26. 27. NOTE If the prisoner indicates that he/she will consent to the chemical test, then the test may be administered. 28. NOTE Conduct “Coordination Test” of prisoner, in presence of arresting officer, and complete appropriate captions on HIGHWAY DISTRICT – IDTU TECHNICIAN TEST REPORT (PD321-149). In the event that the examination of the prisoner cannot be videotaped, the desk officer, testing location, will supervise the examination. 29. Provide arresting officer with a copy of CHEMICAL TEST ANALYSIS (PD244-063). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-40 REVISION NUMBER: PAGE: 08/19/13 4 of 6 I.D.T.U. TECHNICIAN (continued) 30. NOTE If a prisoner, under the age of twenty-one, has a chemical test reading of .02 of one per centum or more but not more than .07 of one per centum by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, the arresting officer and I.D.T.U. technician will comply with applicable provisions of P.G. 208-41, “Arrests - Person Under Twenty-One Operating A Motor Vehicle After Having Consumed Alcohol.” 31. NOTE Enter results of examination of prisoner in appropriate captions of HIGHWAY DISTRICT – IDTU TECHNICIAN TEST REPORT. a. Sign form b. Desk officer of designated testing location will also sign form if examination was not videotaped. Distribute HIGHWAY DISTRICT – IDTU TECHNICIAN TEST REPORT as follows: a. WHITE – Court - with arresting officer for assistant district attorney, Complaint Room b. YELLOW - Arresting officer c. BLUE - Highway District. If a prisoner has consented to a chemical test, any samples taken will be witnessed, sealed, and marked by Highway District personnel and delivered to the Police Laboratory by the arresting officer to ensure chain of custody. IF PRISONER REFUSES CHEMICAL TEST OR ANY PORTION THEREOF AT ANY TIME I.D.T.U. TECHNICIAN 32. 33. NOTE Prepare and sign Report of Refusal to Submit to Chemical Test (NYSDMV AA-134). a. Have arresting officer sign Report of Refusal to Submit to Chemical Test. Distribute copies of Report of Refusal to Submit to Chemical Test as indicated on form. a. Arresting officer must bring two copies to court for the assistant district attorney when the complaint is drawn. If prisoner refuses to submit to chemical test or any portion thereof, maintain the initial charge for which the prisoner was arrested unless new evidence warrants a change in charge. Arresting officer must be able to articulate circumstances which led to original charge of Intoxicated or Impaired Driving (e.g., witnessed prisoner operating vehicle, slurred speech, odor of alcohol on breath, etc.). After arraignment, the court will forward to the arresting officer a NOTICE OF SUSPENSION and/or NOTICE OF HEARING form with instructions to appear at a designated date, time and place for a hearing, which will be within fifteen days of the arraignment. Roll call will schedule the arresting officer accordingly. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-40 REVISION NUMBER: PAGE: 08/19/13 5 of 6 ARRESTING OFFICER 34. Notify assistant district attorney if prisoner refuses to submit to a chemical test and has caused serious physical injury or death to another. a. Comply with instructions from assistant district attorney and be guided by P.G. 217-16, “Chemical Test Warrant Application.” DESK OFFICER, TESTING LOCATION 35. Enter chemical test reading, if performed, as reported by arresting officer on the ON LINE BOOKING SYSTEM ARREST WORKSHEET in the “Narrative” caption, and include: a. Rank, name and shield number of technician b. Date and time test conducted. Determine charge against prisoner and enter on ON LINE BOOKING SYSTEM ARREST WORKSHEET. 36. NOTE When chemical test reading is inconsistent with the prisoner’s intoxicated appearance, request prisoner to submit to testing for controlled substances. If prisoner refuses, follow steps “32” through “34” regarding chemical test refusal. Be guided by P.G. 210-13, “Release of Prisoners,” if investigation discloses prisoner is apparently not intoxicated or impaired. ARRESTING OFFICER 37. Notify assistant district attorney if prisoner has any previous arrests for same crime within the past ten years. DESK OFFICER, TESTING LOCATION 38. Ensure prisoner is transported to borough court section facility, as appropriate. ADDITIONAL DATA In arrest cases for Driving While Intoxicated/Impaired, where a vehicle collision is involved, a photocopy of the Police Accident Report (MV104AN) will be attached to the arrest papers and delivered by the arresting officer to the assistant district attorney in the Complaint Room. If photocopy machine is inoperable or out of order, an additional copy will be prepared for this purpose. Members assigned to a Patrol Borough Task Force, Driving While Intoxicated Unit who have been trained and certified as Intoxilyzer Technicians will perform the functions (testing, videotaping, etc.) which would normally be performed by Highway District Intoxicated Driver Testing Unit (I.D.T.U.) Technicians only for arrests for driving while intoxicated or driving while impaired effected by members of their own units (Patrol Borough Task Force D.W.I. Units). If a prisoner requests to consult with an attorney prior to submitting to a chemical test, he or she will be allowed such consultation provided it will not delay the administration of the test unnecessarily. It should be noted that the obligation to allow contact with an attorney is triggered only by the defendant’s specific request to do so. If the prisoner requests to contact an attorney, ask the prisoner if he/she has the name and phone number of the attorney. If the prisoner does not have the phone number, provide the prisoner with a phone book (if available) and access to a telephone for a reasonable time (e.g., ten to fifteen minutes). There is no obligation to inform the prisoner prior to the test that he/she may consult with an attorney. In addition, members of the service assigned to the Intoxicated Driver Testing Unit will record the prisoner’s request to consult with an attorney and the reason, if any, for denial of said request in their ACTIVITY LOG. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-40 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 6 of 6 If a prisoner requests to be tested for intoxication by his personal physician, the test will not be allowed until the Department testing has been completed. If the prisoner refuses the administration of a chemical test by this Department, he shall not be allowed to have a test be administered by his personal physician. The desk officer concerned will personally witness the test given by the physician and will direct that an entry be made in the “Narrative” section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET and on the file copy of the HIGHWAY DISTRICT – IDTU TECHNICIAN TEST REPORT. The entry will include the name and address of the physician and the time and date the test was given. If the test is conducted at a detention or central booking facility, the desk officer thereat will make a telephone notification to the precinct of occurrence for the information of the arresting officer. When a prisoner arrested for Driving While Intoxicated/Impaired is hospitalized, normal arrest procedures will be followed and the Highway District technician will respond to the hospital to conduct appropriate tests. If a prisoner has consented to a chemical test, any samples taken will be witnessed, sealed, and marked by Highway District personnel and delivered to the Police Laboratory by the arresting officer to ensure chain of custody. A prisoner charged with violation of Vehicle and Traffic Law, Section 1192 subdivisions (1), (2), (3) or (4) shall not be eligible for a DESK APPEARANCE TICKET or stationhouse bail, unless such prisoner is hospitalized for more than twenty-four hours`. Such prisoner may be issued a DESK APPEARANCE TICKET, if eligible, whether or not he submitted to a chemical test. However, under no circumstances will a prisoner charged with violation of Vehicle and Traffic Law, Section 1192 subdivisions (1), (2), (3) or (4) be issued a DESK APPEARANCE TICKET if he/she has caused serious physical injury or death to another. RELATED PROCEDURES Release of Prisoners - General Procedure (P.G. 210-13) Arrests - Persons Under Twenty-One Operating a Motor Vehicle After Having Consumed Alcohol(P.G. 208-41) Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME) (P.G. 218-49) Chemical Test Warrant Application (P.G. 217-16) FORMS AND REPORTS CHEMICAL TESTING STATEMENT (PD244-111) ACTIVITY LOG (PD112-145) ROLL CALL (PD406-144) CHEMICAL TEST ANALYSIS (PD244-063) INTOXICATED DRIVER EXAMINATION (ARRESTING OFFICER) – FIRST SHEET (PD244-154) INTOXICATED DRIVER EXAMINATION (ARRESTING OFFICER) – SECOND SHEET (PD244-154B) INTOXICATED DRIVER EXAMINATION INSTRUCTION SHEET (PD244-154A) HIGHWAY DISTRICT – IDTU TECHNICIAN TEST REPORT (PD321-149) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) Report of Refusal to Submit to Chemical Test (NYSDMV AA-134) Police Accident Report (MV104AN) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-41 PERSONS UNDER TWENTY-ONE OPERATING A MOTOR VEHICLE AFTER HAVING CONSUMED ALCOHOL DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 4 PURPOSE To process persons detained pursuant to Section 1192-a of the Vehicle and Traffic Law, for the purpose of administering a chemical test. SCOPE Pursuant to Section 1192-a, police officers can temporarily detain a motorist younger than twenty-one years of age, for the purpose of administering a chemical test upon reasonable grounds to believe that the individual is operating a motor vehicle after having consumed alcohol. The statute defines reasonable grounds as: “The totality of the circumstances surrounding the incident which, when taken together, indicate that the operator was driving in violation of such subdivision (VTL 1192-a). Such circumstances may include any visible or behavioral indication of alcohol consumption by the operator, the existence of an open container containing or having contained an alcohol beverage in or around the vehicle driven by the operator, or any other evidence surrounding the circumstance of the incident which indicates that the operator has been operating a motor vehicle after having consumed alcohol at the time of the incident.” PROCEDURE Upon detaining a person, under twenty-one years of age, for operating a motor vehicle after consuming alcohol: DETAINING OFFICER 1. 2. 3. 4. Inform detainee of authority and cause of detention, unless physical resistance, flight, or other factors render this action impractical. Handcuff detainee with hands behind back. Immediately frisk detainee for weapons (NOT for evidence or contraband). Remove detainee to stationhouse, precinct of occurrence. DESK OFFICER, PRECINCT OF OCCURRENCE 5. NOTE THE CHEMICAL TEST MUST BE ADMINISTERED WITHIN TWO HOURS OF THE START OF DETENTION. 6. 7. 8. 9. Verify that detaining officer made a lawful stop of detainee and that detainee violated Section 1192-a of the Vehicle and Traffic Law. Direct detaining officer to request that Communications Division dispatch Highway District personnel to testing location. a. State time of detention when making request. Direct detaining officer to remove detainee, in a Department vehicle, to the designated testing location. (See P.G. 208-40, “Arrests - Intoxicated Or Impaired Driving”). a. Assign adequate personnel to escort detainee, depending on circumstances. Make entry in Command Log of: a. Identity of detaining officer and Department vehicle used. b. Identity and pedigree of detainee. Have detainee’s vehicle removed to precinct of occurrence for safeguarding. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-41 REVISION NUMBER: PAGE: 10/16/13 2 of 4 A vehicle may be released to licensed operator designated by the prisoner if: a. Vehicle not wanted on an alarm c. Prisoner was in lawful possession b. Vehicle not required as evidence d. Vehicle not subject to forfeiture NOTE If vehicle is not released within forty-eight hours, have vehicle removed to Property Clerk’s storage facility. DETAINING OFFICER 10. Report with detainee, to desk officer at testing location. DESK OFFICER, TESTING LOCATION 11. 12. Make Command Log entry of presence of detaining officer and detainee. Verify that Highway District has been notified. I.D.T.U. TECHNICIAN 13. Utilize Zero Tolerance Instruction Sheet, and perform chemical test on detainee. UPON RECEIPT OF A BREATHALYZER OR INFRARED UNIT READING OF .02% THROUGH .05%, COMPLY WITH THE FOLLOWING STEPS 14. DETAINING OFFICER 15. Prepare Notice of Hearing (Operating a Motor Vehicle After Consuming Alcohol) (AA-137A.1). Select a hearing date two to thirty days subsequent to the test date, Monday through Friday, excluding legal holidays. The hearing date must be compatible with the detaining officer’s schedule. The detainee will be directed to respond to the second floor of 19 Rector Street, New York, New York at 1300 hours on the date selected by the detaining officer. NOTE The detainee’s license will not be suspended pending the administrative hearing. I.D.T.U. TECHNICIAN 16. NOTE The detaining officer will bring a copy of all documents/forms, listed in step 16, to the hearing, unless the hearing is waived. 17. NOTE Provide the detaining officer and the detainee with a copy of the following: a. Zero Tolerance Instruction Sheet b. Instrument Calibration Sheet c. Operator Certification Sheet d. Notice of Hearing (Operating a Motor Vehicle After Consuming Alcohol). Forward original and one copy of all documents/forms prepared to the Highway District concerned. A member of the Highway District will forward original copy of all forms/documents prepared to the New York State Department of Motor Vehicles within twenty-four hours, and will have remaining copies of documents/forms filed in command. IF THE DETAINEE REFUSES THE CHEMICAL TEST DETAINING OFFICER 18. 19. Prepare Notice of Chemical Test Refusal Hearing (Person Under Age 21) (DMV 137A) and Refusal to Submit to a Chemical Test (AA 134-a). Select a hearing date two to thirty days subsequent to the test date, Monday through Friday, excluding legal holidays. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-41 REVISION NUMBER: PAGE: 10/16/13 3 of 4 NOTE The hearing date must be compatible with the detaining officer’s schedule. The detainee will be directed to respond to the second floor of 19 Rector Street, New York, New York at 1300 hours on the date selected by the detaining officer. DETAINING OFFICER (continued) 20. Distribute copies of Notice of Chemical Test Refusal Hearing and Refusal to Submit to a Chemical Test as follows: a. Original and one copy of each form to IDTU technician. b. One copy of each form to detainee. c. One copy of each form to detaining officer. I.D.T.U. TECHNICIAN 21. Forward original and one copy of Notice of Chemical Test Refusal Hearing and Refusal to Submit to a Chemical Test to the Highway District concerned. NOTE A member of the Highway District will forward original copy of Notice of Chemical Test Refusal Hearing and Refusal to Submit to a Chemical Test to the New York State Department of Motor Vehicles within forty-eight hours, and will file one copy of each form in the command. The detainee’s license WILL BE suspended by the New York State Department of Motor Vehicles, pending the refusal hearing. IF THE DETAINEE SUBMITS TO THE CHEMICAL TEST AND A READING OF .06% OR GREATER IS OBTAINED, OR A READING OF .04% OR HIGHER FROM A COMMERCIAL DRIVERS LICENSE (CDL) HOLDER OPERATING A COMMERCIAL VEHICLE I.D.T.U. TECHNICIAN 22. Advise the detaining officer of the reading. DETAINING OFFICER 23. Arrest detainee and charge the individual with the appropriate Vehicle and Traffic Law section, based upon the reading obtained pursuant to the 1192-a Chemical Test. Conduct inquiry to determine the location from which the detainee was served. a. If positive information received, notify the Intelligence Bureau and comply with P.G. 212-12, “Citywide Intelligence Reporting System.” 24. NOTE In addition to the above requirements, the detainee/arrestee will be processed in accordance with current arrest processing procedures as well as P.G. 208-40, “Arrests - Intoxicated Or Impaired Driving.” ADDITIONAL DATA Since an individual who violates this statute is detained rather than arrested, an individual who resists detention or attempts to escape a lawful stop would be subject to arrest for Obstructing Governmental Administration (Section 195.05 of the Penal Law [A Misdemeanor]) rather than Resisting Arrest. If a detainee requests to be tested for intoxication by his personal physician, the test will not be allowed until the Department testing has been completed. If the detainee refuses the administration of a chemical test by this Department, he/she will not be allowed to have a test administered by a personal physician. The desk officer, testing location, will personally witness the test given by a physician and will direct that the detaining officer document the following information on the file copy of the Zero Tolerance Instruction Sheet: name, address, telephone number of physician, and the date and time the physician administered the test. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-41 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 4 of 4 At the Department of Motor Vehicle hearing, the detaining officer must be able to provide clear and convincing evidence on the following issues: a. The motorist, who was detained, operated the motor vehicle. b. A valid request was made by the police officer to submit to a chemical test, as provided in Section 1194 of the Vehicle and Traffic Law. c. The motorist was under twenty-one years of age at the time of the incident. d. The chemical test was properly administered in accordance with Section 1194 of the Vehicle and Traffic Law. e. The chemical test concluded that the motorist had operated the motor vehicle after having consumed alcohol, as defined in Section 1192-a of the Vehicle and Traffic Law. f. The initial stop of the motorist was lawful. ADDITIONAL DATA (continued) If the detaining officer fails to appear at the hearing or fails to bring copies of all documents/forms prepared, the charges against the motorist may be dismissed. If a person operates a motor vehicle when his/her license is suspended or revoked as the result of a Section 1192-a finding, the motorist may be charged with Aggravated Unlicensed Operation in the Second Degree, Section 511(2) of the Vehicle and Traffic Law. Absent an emergency, a hearing date should not be rescheduled. If it becomes necessary to reschedule a hearing, the detaining officer’s command can request that the hearing be rescheduled by writing to the Department of Motor Vehicles, Safety and Business Hearing Bureau, Room 240, Empire Plaza, New York 12228, or the command may call the Safety and Business Hearing Bureau. RELATED PROCEDURES Release of Prisoners - General Procedures (P.G. 210-13) Arrests - Intoxicated or Impaired Driving (P.G. 208-40) FORMS AND REPORTS NOTICE of HEARING (OPERATING a MOTOR VEHICLE AFTER CONSUMING ALCOHOL) (AA-137A.1) NOTICE of CHEMICAL TEST REFUSAL HEARING (PERSON UNDER AGE 21) (DMV 137A) REFUSAL to SUBMIT to a CHEMICAL TEST (AA 134-a) Instrument Calibration Sheet Operator Certification Sheet Zero Tolerance Instruction Sheet NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-42 ARREST ON A WARRANT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To arrest persons for whom warrants have been issued. DEFINITION ARRESTING OFFICER - For the purposes of this procedure, an arresting officer is the borough/police service area warrant officer, or any other nonsupervisory uniformed member, including detective squad personnel, assigned to arrest persons named on warrants issued by the court. PURPOSE When arresting a person for whom a warrant has been issued. ARRESTING OFFICER 1. 2. 3. NOTE Exceptions DO NOT apply when Family Court warrants, including Urgent Child Abuse Warrants, are being executed. However, limitation will NOT apply in an “urgent child abuse” case if the life or safety of the child or any other person is endangered, since the City Charter authorizes the immediate and unannounced entry into a premises in an emergency situation. 4. NOTE Break into premises, if necessary. If premises is a third party residence, such break-in is prohibited without a search warrant. 5. 6. 7. NOTE Inform defendant of warrant and offense charged unless physical resistance, flight or other factors make such procedure impractical. Present warrant, if requested, or as soon as possible, if not possessed at time of arrest. Announce authority and purpose if premises is involved and there is reasonable cause to believe that defendant is inside EXCEPT if giving such notice may: a. Endanger the life or safety of the officer or another person, OR b. Result in defendant attempting to escape, OR c. Result in material evidence being destroyed, damaged or hidden. Make arrest and comply with the pertinent arrest processing guidelines. a. Contact borough Court Section supervisor for instructions as to location to which prisoner is to be transported, if court is not in session. Notify Central Warrant Investigation Team of the following: a. Court issuing warrant and docket number b. Warrant Section serial number c. Rank, name, shield number and command of arresting officer d. Name of defendant/respondent. Conduct a FINEST System name search or NYSID number search (WNYS) to ascertain if any additional warrants or wanted cases exist concerning the subject of the immediate warrant. a. If inquiry reveals a felony warrant or INVESTIGATION CARD (PD373-163), contact the investigative unit concerned. A FINEST System name check “HIT” is NOT considered conclusive and is NOT sufficient authority to arrest. Further inquiries (i.e., NYSID number search [WNYS]) MUST be made. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-42 ARRESTING OFFICER (continued) 8. 2 of 4 Complete ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) if arrest warrant, or ARREST REPORT - SUPPLEMENT (PD244-157) if bench warrant, and enter under “NARRATIVE”: a. Date warrant issued, court, judge, and county of issuance. b. Rank, name, shield number and command of member of the service who verified the status of the warrant. c. Docket number and other pertinent information. Arraign prisoner as follows: a. CRIMINAL COURT WARRANTS (1) Warrants issued by New York, Queens, Bronx, or Kings County Criminal Court: (a) Arraign prisoner in Criminal Court or Weekend/ Night Court of the borough that issued the warrant. (2) Warrants issued by Staten Island Criminal Court: (a) Arraign prisoner in Staten Island Criminal Court when in session. (b) Confer with Staten Island borough Court Section and process prisoner as directed, when not in session. b. SUPREME COURT WARRANTS (1) Take prisoner before Supreme Court that issued warrant, if in session. When a police officer can not bring the defendant to the Supreme Court for arraignment (after 1700 hours on weekdays and on weekends), the officer will deliver adult male defendants to the Department of Corrections facility in the county that issued the warrant. Adult male defendants arrested on a Staten Island Supreme Court arrest warrant or a Staten Island Supreme Court bench warrant will be delivered to the Brooklyn Corrections facility. All female defendants will be brought to the Rose M. Singer Center on Rikers Island. Male adolescents will be brought to the Adolescent Reception and Detention Center on Rikers Island. The police officer delivering the prisoner will provide the Department of Corrections with a copy of the Supreme Court arrest warrant or bench warrant (see ADDITIONAL DATA for Department of Corrections locations). Police officers delivering defendants to Rikers Island will proceed across the Rikers Island bridge and go directly to the appropriate reception center where they will be required to check all their weapons. After complying, they will proceed to the receiving entrance of the facility to lodge the defendant, and will retrieve their weapons after the defendant is lodged. c. NOTE PAGE: 08/01/13 9. NOTE REVISION NUMBER: FAMILY COURT WARRANTS (1) Remove prisoner to Family Court that issued warrant, if in session. When not in session, arraign prisoner in Weekend/ Night Court, borough of arrest. Arresting officers, not assigned to Warrant Section, are required to arraign prisoners arrested on warrants, unless otherwise directed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-42 ARRESTING OFFICER (continued) REVISION NUMBER: PAGE: 08/01/13 10. 3 of 4 Prepare following statement on Court Complaint if arrest made in borough other than borough where warrant was issued (Inter-County Warrant): “At (time) hours, on (date), Police Officer (name, shield number, command) performing duty in (borough) Criminal Court has verified through records on file at said court that the warrant forming the basis of this arrest is active.” WHEN AN ARREST IS EFFECTED SOLELY ON A BENCH WARRANT DESK OFFICER 11. 12. Make Command Log entry relative to the detention of the prisoner. Ensure that WARRANT INVESTIGATION REPORT (PD374-152) is prepared. SPECIAL OPERATIONS LIEUTENANT 13. Sign WARRANT INVESTIGATION REPORT and forward as indicated on form. ARRESTING OFFICER 14. Prepare ARREST REPORT - SUPPLEMENT and submit to supervisor for review and signature. a. Indicate on SUPPLEMENT if, and exactly how, the subject may have attempted to avoid arrest. ADDITIONAL DATA If a uniformed member of the service conducting an investigation has a parole absconder in custody SOLELY on the authority of a parole warrant, the arrest will be processed as “FOA.” The uniformed member of the service will notify the Central Warrant Unit immediately for the purpose of obtaining a copy of the parole warrant to lodge the parole violator in the appropriate Department of Correction facility. In addition, an immediate notification must also be made to the Division of Parole’s, Parole Absconder Search Unit. The notification to the Division of Parole is necessary to provide a copy of the parole warrant to arresting officers in cases where the Warrant Section has not yet received a copy of this document, and also to ensure that parole violators are served with a copy of the charges upon which the warrant is based, as well as the dates on which the probable cause and revocation hearings are to be scheduled. PRISONERS IN THESE CASES WILL BE LODGED AT THE APPROPRIATE DEPARTMENT OF CORRECTION FACILITY AND ARE NOT TO BE TRANSPORTED TO BOROUGH COURT SECTION FACILITIES. When preparing the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), indicate in the “Narrative Section” the time, date and names of who was notified at the Warrant Section and at the Parole Absconder Search Unit, prior to forwarding a copy of the WORKSHEET to the borough Court Section. When a youth who is AWOL from a residential facility is apprehended on an Office of Children and Family Services Warrant, the youth will be returned directly to the residential facility, if located within New York City. If AWOL from a facility outside New York City, the youth will be taken directly to the Horizon Juvenile Center, 560 Brook Avenue, Bronx, New York. In NO CASE will the youth be taken to Family Court. A person in need of supervision (PINS) will NOT be taken into custody without a court order. The defendant will be detained at a facility designated by the Emergency Children’s Service of the Human Resources Administration, who will be requested to provide transportation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-42 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 When a defendant is taken into custody and in addition to a PINS Warrant there are other Juvenile Delinquency charges: a. The juvenile may be served an APPEARANCE TICKET - FAMILY COURT (PD277-130) for the other charges, if eligible. However, the juvenile will be kept in custody on the authority of the PINS Warrant and taken to a designated Emergency Children’s Service facility. b. If the defendant is NOT released on an APPEARANCE TICKET - FAMILY COURT on the Juvenile Delinquency charges, the defendant will be taken to the Horizon Juvenile Center, 560 Brook Avenue, Bronx, New York. When a person is apprehended outside New York City, but within New York State on the authority of a felony/misdemeanor warrant issued by a New York City Court, the Inter-City Correspondence Unit will notify the Warrant Section to assign personnel to return the prisoner to New York City. Travel expense funds, if needed, may be obtained from the Audits and Accounts Unit. If closed, funds may be obtained at the Office of the Chief of Detectives (see P.G. 212-83, entitled “Leaving City On Police Business”). The address of each Department of Corrections facility is as follows: Manhattan Manhattan Detention Complex (MDC) 125 White Street New York, New York 10013 Brooklyn Brooklyn House of Detention for Men (BKLYN HDM) 275 Atlantic Avenue Brooklyn, New York 11201 Queens Queens House of Detention for Men (QHDM) 126-02 82nd Avenue Queens, New York 11415 Bronx Bronx House of Detention for Men (BX HDM) 653 River Avenue Bronx, New York 10451 Rose M. Singer Center (RMSC) 19-19 Hazen Street East Elmhurst, New York 11370 Rikers Island Facilities Adolescent Reception and Detention Center (ARDC) 11-11 Hazen Street East Elmhurst, New York 11370 RELATED PROCEDURES Arrests - Certificate Of Warrant (Non-Support) (P.G. 208-50) Documenting And Reporting Court Appearances Pertaining To Arrests On A Warrant (P.G. 211-08) Leaving City On Police Business (P.G. 212-83) Processing Warrants (P.G. 212-75) FORMS AND REPORTS APPEARANCE TICKET - FAMILY COURT (PD277-130) ARREST REPORT - SUPPLEMENT (PD244-157) INVESTIGATION CARD (PD373-163) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) WARRANT INVESTIGATION REPORT (PD374-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-44 PROSTITUTION DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To process persons arrested for prostitution. PROCEDURE When a person is arrested for prostitution, follow normal arrest procedure and: ARRESTING OFFICER 1. 2. 3. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). Include under details on ON LINE BOOKING SYSTEM ARREST WORKSHEET: a. Length of time of observation b. Action which caused arrest c. Any statements by prisoner to substantiate charge d. Location of offense e. How person was attired f. Character of room g. Fee paid h. Was money returned? i. Other necessary information. Notify Borough Vice Module (or OCCB/FOD, if unavailable) if: a. Defendant is less than eighteen years of age or b. Defendant states that he/she is being compelled to work as a prostitute or c. Defendant states that he/she has been transported across state lines for the purpose of engaging in prostitution. DESK OFFICER 4. Verify identity and address if prisoner is not in possession of satisfactory documentary proof. ARRESTING OFFICER 5. Sign all copies of ON LINE BOOKING SYSTEM ARREST WORKSHEET under booking officer’s signature. ADDITIONAL DATA The arresting officer will submit a copy of the court affidavit and the ON LINE BOOKING SYSTEM ARREST WORKSHEET to his/her immediate supervisor after arraignment of the prisoner. A COMPLAINT REPORT (PD313-152) is not prepared, however fingerprints and photos are taken. RELATED PROCEDURES Photographable Offenses (P.G. 208-07) Police Action in Premises Licensed or Unlicensed Where Alcoholic Beverages Are Sold (A.G. 321-19) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-45 LOITERING FOR PURPOSES OF PROSTITUTION DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To process arrests for loitering for purposes of prostitution. PROCEDURE When a person is arrested for “Loitering for Purposes of Prostitution,” follow normal arrest procedure and: ARRESTING OFFICER 1. 2. 3. ADDITIONAL DATA Notify Borough Vice Module (or OCCB/FOD, if unavailable) if: a. Defendant is less than eighteen years of age or b. Defendant states that he/she is being compelled to work as a prostitute or c. Defendant states that he/she has been transported across state lines for the purpose of engaging in prostitution. Draw up complaint detailing behavior of the defendant, including: a. Conversation with various men, women or known prostitutes, as appropriate. b. Repeatedly stopping or attempting to stop automobiles or leaning into cars and engaging motorists in conversation. c. Time of observations. Inform assistant district attorney of actions or any additional pertinent information including: a. Known prostitute. b. Consorts with known prostitutes or pimps. c. Conduct and clothing. d. Defendant's response to questioning. This charge should be added when making an arrest for Prostitution, Section 230.00, Penal Law, on an overheard conversation. No more than five arrests for “Loitering For Purposes Of Prostitution” are to be made by the same uniformed member of the service at one time. A COMPLAINT REPORT (PD313-152) is NOT prepared for a pick-up arrest effected for “Loitering for Purposes of Prostitution,” (Section 240.37, subdivision 2, Penal Law). However, fingerprints MUST be taken for this arrest. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-46 GAMBLING DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To process an arrest for violation of the gambling laws. PROCEDURE When processing a prisoner charged with violating the gambling laws, follow appropriate arrest processing procedures and: ARRESTING OFFICER 1. Seal slot machine in accordance with P.G. 218-19, “Invoicing Vehicle/Property As Arrest/Investigatory Evidence Or For Forfeiture Proceedings Or To Determine True Owner,” if seized in connection with arrest. DESK OFFICER 2. Review ON LINE BOOKING SYSTEM ARREST WORKSHEET for accuracy and sign. Verify identity and address if prisoner is not in possession of satisfactory documentary proof. 3. ARRESTING OFFICER 4. Submit copy of court complaint, corroborating affidavit (if any), copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET and PRISONER’S CRIMINAL RECORD (PD244-061) to immediate supervisor. SUPERVISOR CONCERNED 5. 6. Review and compare reports submitted for completeness and accuracy. File court complaint and related forms in arresting officer’s command for entry of final disposition by arresting officer. RELATED PROCEDURE Invoicing Vehicle/Property As Arrest/Investigatory Evidence Or For Forfeiture Proceedings Or To Determine True Owner (P.G. 218-19) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PRISONER’S CRIMINAL RECORD (PD244-061) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-47 COUNTERFEITING/FORGING U.S. GOVERNMENT OBLIGATIONS OR COUNTERFEITING/UNAUTHORIZED USE OF ACCESS DEVICES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To notify and cooperate with federal agencies concerned when arrests are made for counterfeiting/forging U.S. government obligations or counterfeiting or unauthorized use of access devices. DEFINITION U.S. GOVERNMENT OBLIGATIONS - notes, bonds, checks, stamps, currency, drafts of money drawn by or upon authorized officer of U.S. government. ACCESS DEVICES - any card (e.g., credit card), plate, code, account number, or other means of account access that can be used alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument). FRAUDS AND RELATED ACTIVITY RE: “ACCESS DEVICES” - the prisoner knowingly and with intent to defraud: a. Uses, produces counterfeit access device, OR b. Uses unauthorized access device, during any one year period, and obtains anything valued at $1,000 or more OR c. Possesses fifteen or more counterfeit/unauthorized access devices, OR d. Has control of or possesses equipment able to produce access devices. PROCEDURE Upon arresting a person charged with one of the crimes listed above: DESK OFFICER/ COUNTERPART 1. 2. 3. ADDITIONAL DATA If the only charge against a prisoner is violation of a federal law, he will be arraigned in Federal Court (Title 18, Chapter 25, U.S. Code OR Title 18, Section 1029, U.S. Code, as appropriate). Comply with appropriate arrest processing procedures. Notify the Department of Treasury, U.S. Secret Service. Permit U.S. Secret Service agent to interview prisoner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-48 VIOLATION OF POSTAL LAWS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To notify and cooperate with the United States Postal Inspection Service when arrests are made for violations of Postal Laws. DEFINITION POSTAL LAWS (TITLE 18, UNITED STATES CODE) - A listing of crimes involving the Postal Service, including theft of mail, burglaries and robberies of post offices, assaults on, or robberies of, postal employees while engaged in official duties, destruction or unlawful taking/possessing of Postal Service property, and any other violations involving Postal Service property. PROCEDURE When a person is arrested for violation of Postal Laws, follow normal arrest procedure, and: DESK OFFICER 1. 2. 3. 4. ADDITIONAL DATA Advise Operations Unit as soon as possible for notification to Postal Inspection Service Communication Center. Permit prisoner to be interviewed by agent of Postal Inspection Service. Give custody of prisoner to Postal Inspection Service for arraignment in Federal Court when charged ONLY WITH VIOLATION OF POSTAL LAWS. Enter “FOA” under “Assigned Arrest Number” on ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). Threats of kidnapping, personal injury or property damage transmitted through the US Mail are investigated by the FBI. Thefts of Treasury checks from the US Mail and counterfeiting of postage stamps are investigated concurrently by the US Postal Inspection Service and the Secret Service. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-49 CONTRABAND WEAPONS DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To notify Internal Revenue Service when contraband weapons are seized. PROCEDURE When a person is arrested for possession of a contraband weapon, follow appropriate arrest processing procedures and: ARRESTING OFFICER 1. NOTE See P.G. 207-17, “Contraband Weapons,” for a list of prohibited weapons under Federal Gun Control Act. Seize weapon. DESK OFFICER 2. 3. Notify Bureau of Alcohol, Tobacco and Firearms through Operations Unit. Include information as to vehicle, vessel or aircraft, if involved, and hold such property for federal authorities. 4. Charge violation of Penal Law or Administrative Code instead of federal law, if possible. Prepare REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168). Bring weapon and REQUEST to Firearms Analysis Section. Deliver weapon to Property Clerk with PROPERTY CLERK INVOICE (PD521-141) after examination by Firearms Analysis Section. ARRESTING OFFICER 5. 6. 7. RELATED PROCEDURES Contraband Weapons (P.G. 207-17) Processing Firearms (P.G. 218-23) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-50 CERTIFICATE OF WARRANT (NON-SUPPORT) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To record an arrest on a non-support warrant. PROCEDURE When a uniformed member of the service makes an arrest on a Certificate of Warrant for non-support: ARRESTING/ ASSIGNED OFFICER 1. 2. 3. 4. Record on ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) the member who executed the warrant as the arresting officer. Enter: a. Arrest number b. “Family Court Warrant” under caption “Charges and Specific Offense”. c. Particulars of warrant under “Details.” Notify Central Warrant Unit. Bring prisoner and warrant to the court that originally issued the warrant. a. To designated arraignment court, at other times. RELATED PROCEDURE Arrest On A Warrant (P.G. 208-42) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-51 FORFEITURE OF BAIL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PURPOSE To process a re-arrest in a bail forfeiture case. PROCEDURE When notified that a prisoner has forfeited bail: DESK OFFICER 1. 2. 3. PAGE: 08/01/13 1 of 1 Prepare ARREST REPORT - SUPPLEMENT (PD244-157) listing pertinent information and the words “Bail Forfeited” in capital letters, under “Details”. Indicate under caption Duplicate Copies Required, “Property Clerk”, if property is involved. a. If evidence is required against another prisoner, enter facts under “Details.” Notify member or unit concerned. IF PRISONER IS RE-ARRESTED FOR SAME CHARGE FOR WHICH BAIL WAS FORFEITED DESK OFFICER 4. 5. 6. 7. FORMS AND REPORTS Prepare one set of ARREST REPORT - SUPPLEMENT. Telephone Property Clerk’s office to determine disposition of evidence. List property not disposed of on ARREST REPORT - SUPPLEMENT. a. Indicate name of member at Property Clerk’s office under “Details”. Notify arresting officer of re-arrest. ARREST REPORT SUPPLEMENT (PD244-157) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-52 TRAFFIC VIOLATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To record arrests for violations of the Traffic Laws. PROCEDURE Upon arresting a person for violation of traffic regulations, follow appropriate arrest processing procedures and: ARRESTING OFFICER 1. 2. DESK OFFICER 3. 4. Charge violation of Traffic Regulations if the offense is a violation of both the Traffic Regulations and the Vehicle Traffic Law. Query NYSPIN through the FINEST system to determine if vehicle is reported stolen and verify name and address of registered owner. Record additional charges and previous violations where applicable and inform the arresting officer of additional charges for presentation to the District Attorney. Enter on ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), if arrested on traffic warrant: a. “SW” under arrest number b. “Warrant Part 5, 7 etc.” under caption “Charges and Specific Offense” c. Particulars of warrant under “Details.” NOTE COMPLAINT REPORT (PD313-152) is not prepared. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-53 ARREST PROCESSING – AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To process arrests for operating a vehicle with a suspended or revoked license. PROCEDURE When a uniformed member of the service observes, or has reasonable cause to believe that a person operating a vehicle has a suspended or revoked driver’s license: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. NOTE Effect an arrest for violation of any degree of Aggravated Unlicensed Operation of a Motor Vehicle. a. Remove prisoner to police facility for processing. Conduct license check (DALL) and name check via FINEST. a. Retain printout and include in DAT or On Line arrest folders. Comply with current Department procedures regarding issuance of a DESK APPEARANCE TICKET (PD260-121) and steps 5, 6, 7, 8, and 9 below, if prisoner is charged with Aggravated Unlicensed Operation of a Motor Vehicle (AUO) 3rd degree and is otherwise eligible. Comply with all pertinent arrest processing procedures. In all instances related to the arrest of a motorist for the misdemeanor charge(s) of aggravated unlicensed operation of a motor vehicle, refer to P.G. 208-28, ‘Identification Standards For Desk Appearance Tickets’, Department of Motor Vehicle Name Check, to determine if a DESK APPEARANCE TICKET may be issued. PERSONS CHARGED WITH V.T.L. 511 (1)(a) OR 511 (2)(a) MISDEMEANORS 5. 6. Prepare the following court related forms, (in addition to ON LINE BOOKING SYSTEM WORKSHEET (PD244-159) and other arrest related paperwork): a. SUPPORTING DEPOSITION-SUSPENDED/REVOKED LICENSE (PD244-068) or SUPPORTING DEPOSITION - SUSPENDED/ REVOKED LICENSE-BRONX (PD244-068A) b. PRE-ARRAIGNMENT NOTIFICATION REPORT (PD244-153) c. Arraignment Card (Misc. 4661) d. Police Officer’s Court Availability Schedule (Misc. 470a) e. Prisoner Movement Slip (Misc. 2011-A 8/84) f. DMV Certificate Concerning Violation of Law Relating to Vehicles (A-246), for the VTL Misdemeanor and Felony g. “ADA” copy of PROPERTY CLERK INVOICE (PD521-141), if prepared. Record the following vehicle information in the “Narrative” section of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET: a. The make, model, year and color of the vehicle operated by the defendant. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-53 b. Prepare Criminal Court Summons for violation of VTL 511 (1) (a) or VTL 511 (2) (a) as appropriate. a. Clearly and concisely articulate the justification for the vehicle stop and violations observed on the rear portion of the white summons copy. b. List the VTL 511 misdemeanor violation in the “Charges Information” caption of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (OLBS). c. List any additional VTL violations (i.e. Disobey A Traffic Control Device) observed during the original vehicle stop as separate charges on the OLBS. d. Do not enter RETURN DATE on summons(es). e. Attach ORIGINAL copy of the summons to the SUPPORTING DEPOSITION. Fingerprint prisoner utilizing “Livescan.” Persons charged with 511(3)(a) E Felony shall be processed in accordance with steps 5 (“b” through “g”) and step 9 below. A Criminal Court Summons will not be prepared in felony cases. 9. NOTE The license plate number of the vehicle operated by the defendant and the state the vehicle is registered in. If the vehicle does not have a metal plate the temporary or alternate plate will be recorded. Step 7 above regarding the issuing of a summons is specific and applicable only to the following: Patrol Borough Brooklyn South, Patrol Borough Brooklyn North and Patrol Borough Staten Island. The district attorneys in both Brooklyn and Staten Island have mandated that a summons be issued and included as an ADDITIONAL part of the arrest package and arraignment process. The remaining Patrol Boroughs (Manhattan South, Manhattan North, Bronx, Queens South and Queens North) are EXEMPT from this requirement. In these Patrol Boroughs, for the purposes of this procedure only, all VTL violations will be listed as separate charges on the ON-LINE BOOKING SYSTEM ARREST WORKSHEET; summonses will not be written. 8. NOTE 2 of 4 The above information will be recorded in the “Narrative” section of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET even if the defendant was not the owner of the vehicle being operated at the time of arrest. The name and address (apartment number, if applicable) of the registered owner of the vehicle will be recorded in addition to the above. 7. NOTE PAGE: 08/01/13 UNIFORMED MEMBER OF THE SERVICE (continued) NOTE REVISION NUMBER: Confiscate driver’s license and comply with P.G. 209-26, “Suspended Or Revoked Vehicle Operator’s License.” Disregard subdivision “a” of step 3 and the “NOTE” following subdivision “3a” in P.G. 209-26, “Suspended Or Revoked Vehicle Operator’s License”. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-53 REVISION NUMBER: PAGE: 08/01/13 3 of 4 NOTE (continued) During the original vehicle stop if a summons was prepared prior to obtaining the results of a name check, for any VTL violation other than Aggravated Unlicensed Operation of a Motor Vehicle, the summons must be voided. P.G. 209-18, ‘Summons Served Or Prepared In Error’ will be followed. A photocopy of the summons(es) prepared will be included as part of the arrest paperwork package that is forwarded to the district attorney. The VTL violations will be listed as separate charges on the OLBS. UNIFORMED MEMBER OF THE SERVICE (continued) 10. DESK OFFICER 11. 12. 13. 14. Inform desk officer when arrest processing is complete. Review the ON-LINE BOOKING SYSTEM ARREST WORKSHEET to ensure completeness and verify that information regarding the vehicle operated by the defendant is recorded for all Aggravated Unlicensed Operation of a Motor Vehicle arrests. Review all forms for completeness and accuracy. Ensure that all applicable categories on SUPPORTING DEPOSITION are checked off. a. Have arresting officer sign and date. Have prisoner (not eligible for a DAT) and related court papers delivered to borough Court Section and comply with “Citywide Expedited Arrest Processing.” BOROUGH COURT SUPERVISOR 15. 16. ADDITIONAL DATA Section 511-b, “Seizure And Redemption Of Unlawfully Operated Vehicles” requires that, upon making an arrest for Aggravated Unlicensed Operation Of A Motor Vehicle, 1st or 2nd Degree committed in his/her presence, a uniformed member of the service shall remove or arrange for the removal of the vehicle to the Property Clerk, if: a. The operator is the registered owner of the vehicle, OR b. The vehicle is not properly registered, OR c. Proof of financial security (insurance card) is not produced, OR d. Where a person, other than the operator, is the registered owner and such person or another, properly licensed and authorized to possess and operate the vehicle, is not present. Examine court papers for completeness and accuracy. Make necessary entries on court papers and process as an “on line” arrest. The impounded vehicle must be entered into NYSPIN as an impounded vehicle (see P.G. 212-48, “Motor Vehicles Repossessed/Parking Violations Scofflaw Removal Program” [Additional Data]). The impounded vehicle will remain at the precinct stationhouse for forty-eight hours. If no one appears to redeem the vehicle, the vehicle will be delivered to the Property Clerk for storage. Additionally, the registered owner must promptly be notified, utilizing form AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE (PD171-121), that the vehicle has been impounded. Vehicles seized pursuant to this section shall not be released unless: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-53 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 a. b. 4 of 4 The person redeeming the vehicle has furnished satisfactory evidence of registration and financial security. Reasonable removal and storage costs have been paid. (See P.G. 218-44, “Removal And Storage Charges”). Removal and storage charges shall not be required of the registered owner if the impounded vehicle was stolen or was rented or leased pursuant to a written agreement for a period of thirty days or less. c. Where the vehicle was operated by a person who, at the time of the offense, was the owner, the following is required: (1) (2) (3) (4) Satisfactory evidence that the registered owner or other person seeking to redeem the vehicle has a license or privilege to operate a motor vehicle in New York, AND Satisfactory evidence that criminal charges have been terminated and that any fine imposed as a result of a conviction has been paid, OR A certificate issued by the court in which the criminal action was commenced ordering release of the vehicle prior to judgment or in compliance of the interest of justice, OR A certificate issued by the District Attorney, or other officer authorized to prosecute such charge, waiving the requirement that the vehicle be held In all Aggravated Unlicensed Operation of a Motor Vehicle 1st Degree arrests, the vehicle shall be seized and removed to a Property Clerk facility. As such, these vehicles will not remain at precinct stationhouse for forty-eight hours. The arresting officer shall process said vehicle in accordance with P.G. 208-26, “Forfeiture Proceedings For Seized Property.” The Property Clerk shall contact the Legal Bureau to ascertain if a statutory forfeiture proceeding will be commenced. Persons making a demand for the return of a vehicle seized pursuant to this procedure must provide the same documenting evidence as required for release of a vehicle pursuant to Section 511-b of the VTL above, except that a District Attorney’s release is required in all seizures made pursuant to Section 511-c of the VTL regardless of who was operating the vehicle at the time of the offense. In the event said requirements are met and the Legal Bureau indicates that a statutory forfeiture proceeding will not be commenced, the vehicle may be released from the Property Clerk facility. RELATED PROCEDURES Suspended Or Revoked Vehicle Operator’s License (P.G. 209-26) Forfeiture Proceedings For Seized Property (P.G. 208-26) Safeguarding Vehicles In Police Custody (P.G. 218-12) Removal And Storage Charges (P.G. 218-44) Motor Vehicles Repossessed/Parking Violations Scofflaw Removal Program (P.G. 212-48) FORMS AND REPORTS DESK APPEARANCE TICKET (PD260-121) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) SUPPORTING DEPOSITION-SUSPENDED/REVOKED LICENSE (PD244-068) SUPPORTING DEPOSITION-SUSPENDED/REVOKED LICENSE-BRONX (PD244-068A) PRE-ARRAIGNMENT NOTIFICATION REPORT (PD244-153) PROPERTY CLERK INVOICE (PD521-141) AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE (PD171-121) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-54 ARREST SCREENING GUIDELINES FOR CASES INVOLVING FORGED OR ALTERED MOTOR VEHICLE DOCUMENTS DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To establish arrest screening guidelines for cases involving forged or altered motor vehicle documents. PROCEDURE When effecting an arrest for possession of forged or altered motor vehicle documents: UNIFORMED MEMBER OF THE SERVICE 1. NOTE For suspended or revoked vehicle operator’s license, comply with P.G. 209-26, “Suspended or Revoked Vehicle Operator’s License.” Charge the defendant as follows: a. POSSESSION OF A FORGED/ALTERED OPERATOR’S LICENSE (1) Criminal Possession of a Forged Instrument, 2nd Degree (felony), should be charged only when: (a) The operator possesses more than one false license; OR (b) The false license was used for a purpose other than driving (e.g., to pass a bad check, etc.); OR (c) The operator possesses the false license(s) under circumstances showing an intent to sell the license(s); OR (d) The operator possesses a false license and one or more other false forms of identification. (2) (3) If a person who is operating a vehicle offers someone else’s license as proof of identity, charge Vehicle and Traffic Law, Section 509(1), Driving Without a License; and Vehicle and Traffic Law, Section 509(6), Driving While Using Another’s License. These offenses are traffic infractions for which “B” summonses should be issued. MAKE THE TWO SUMMONSES RETURNABLE TO THE TRAFFIC VIOLATIONS BUREAU (TVB). If the driver offers as proof of identity a license issued to him/her but which has been altered, (e.g., expiration date changed, etc.) charge Vehicle and Traffic Law, Sections 392 and 509(1). Vehicle and Traffic Law, Section 392, is a misdemeanor for which a “C” summons should be issued. Vehicle and Traffic Law, Section 509(1) is a traffic infraction for which a “C” summons should be issued. BOTH SUMMONSES SHOULD BE MADE RETURNABLE TO THE LOCAL CRIMINAL COURT. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-54 REVISION NUMBER: PAGE: 08/01/13 (4) UNIFORMED MEMBER OF THE SERVICE (continued) b. 2 of 5 If the arrested motorist or individual presents or possesses a New York State Driver’s License or Identification Card which, when run through a computer check, comes back ‘Fraud Document’, the uniformed member of the service (UMOS) concerned will contact the DMV’s Internal Affairs Office (DMV-IA) for further information. The arrested motorist or individual may be charged with Criminal Possession of a Forged Instrument 2nd Degree (Penal Law 170.25 pursuant to 170.10 [3]: Class ‘D’ Felony). (5) If the arrested motorist or individual was operating a motor vehicle at the time the License or Identification Card was presented, also charge violation of Vehicle and Traffic Law Section 392: Unclassified Misdemeanor. This provision makes it a crime to operate a motor vehicle upon the public highway while displaying or using any document that he or she knows has been obtained by making a false statement in an application for, or making a material alteration on any document issued by the Commissioner of Motor Vehicles, or unlawfully using a validating device on such a document. (6) If it is determined that the arrested motorist or individual gave or offered to give a DMV employee, or “middleman”, money or another benefit, for the purposes of obtaining the License or Identification Card the following additional charges may be appropriate: Bribery 3rd Degree (Penal Law 200.00): Class “D” Felony, and Sale or Purchase of a Stolen, False or Fraudulent License, Identification Card, Certificate of Registration, or Number Plate (Vehicle and Traffic Law 392-a). (see ADDITIONAL DATA statement). (7) If it is determined that the arrested motorist or individual completed and filed a License or Identification Card application with the DMV, and the DMV office (where the application was filed) is located in the same county there the arrest was made, the following additional charge may be appropriate: Offering a False Instrument for Filing 1st Degree (Penal Law 175.35): Class “E” Felony.” (see ADDITIONAL DATA statement). POSSESSION OF A FORGED/ALTERED REGISTRATION (1) A suspect who presents a registration card with a forged or altered registration (e.g., address known to be false, etc.) should be issued summonses for Vehicle and Traffic Law, Sections 392 and 401(a), Unregistered Vehicle. Vehicle and Traffic Law, Section 392, is a misdemeanor for which a “C” summons should be issued. Vehicle and Traffic Law, Section 401(a), is a traffic infraction for which a “C” summons should be issued. BOTH SUMMONSES SHOULD BE MADE RETURNABLE TO THE LOCAL CRIMINAL COURT. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-54 c. d. e. 3 of 5 POSSESSION OF FORGED/ALTERED INSPECTION STICKER (1) A person operating a vehicle with a forged or altered inspection sticker should be charged with Vehicle and Traffic Law, Section 306(e), an unclassified misdemeanor. A “C” summons should be issued and made returnable to the local criminal court. POSSESSION OF A FORGED/ALTERED INSURANCE CARD (1) An operator who produces an insurance card indicating that insurance is in effect when such coverage does not exist is to be charged with Vehicle and Traffic Law, Section 319(2), an unclassified misdemeanor. A “C” summons should be issued and made returnable to the local criminal court. POSSESSION OF A FORGED/ALTERED NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN-TRANSIT VEHICLE PERMIT NUMBER PLATE (1) An operator who drives with a forged or altered In-Transit Permit should be charged with Vehicle and Traffic Law, Sections 392 and 402(1). Vehicle and Traffic Law, Section 392, is a misdemeanor for which a “C” summons should be issued. Vehicle and Traffic Law, Section 402(1), is a traffic infraction for which a “C” summons should be issued. BOTH SUMMONSES SHOULD BE MADE RETURNABLE TO THE LOCAL CRIMINAL COURT. In all instances in which a fraudulent or altered motor vehicle bureau document, such as a license or registration, is evidence of an offense, it should be invoiced as evidence pursuant to Department procedures. Under no circumstances will such a document be returned to the arrested motorist or individual. Summonses should not be issued for the above offenses to defendants who are not properly identified or who otherwise fail to qualify. Members of the service shall ensure that when issuing multiple summonses to an individual for offenses occurring during a single incident and one of the summonses is returnable to Criminal Court, then all summonses shall be issued as part “C,” and be made returnable to Criminal Court. DESK OFFICER 2. 3. NOTE PAGE: 08/01/13 UNIFORMED MEMBER OF THE SERVICE (continued) NOTE REVISION NUMBER: Verify the completeness and accuracy of all charges prior to releasing defendant. Instruct member to conduct: a. INVESTIGATION CARD (PD373-163) check b. Warrant check (local/state/federal). Unless there are exceptional circumstances, the checks are to be accomplished within one hour from the time the suspect enters the stationhouse. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-54 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 4. (continued) 5. 4 of 5 Immediately release violator once the violator’s identity is verified and summonses have been served. Make a Command Log entry when a violator has been taken to the stationhouse for identification, is served summons(es) and immediately released. a. Entry will include the following: (1) Name, address and physical description of violator (2) Location, time of incident and reason for removal to stationhouse (3) Name, rank and shield number of member who brought violator to command (4) Offense(s) charged and serial number(s) of summons(es) served (5) Time violator entered and departed command. NOTE It is not necessary to institute Desk Appearance Ticket or Voided Arrest procedures for an offense for which summons(es) is/are served pursuant to this procedure. ADDITIONAL DATA To determine whether the charges listed in step 1, subdivisions (6) and (7) should be considered, a uniformed member of the service should contact the Department of Motor Vehicles Internal Affairs Office (DMV-IA) between 0830 and 1630 hours, Monday through Friday. Personnel assigned to DMV-IA may be able to provide information as to how the arrested motorist or individual obtained the fraudulent Driver License or Identification Card. They may also have knowledge indicating to whom at DMV the person in custody may have bribed for the purpose of obtaining the fraudulent documents. Additionally, efforts should be made to interrogate the person in custody, after Miranda warnings are given, to independently obtain this information. This information, if available, should be conveyed to the Assistant District Attorney prosecuting the arrest. When a uniformed member of the service encounters a motorist in possession of a fraud document during hours when the DMV-IA is closed, the motorist should be charged with Criminal Possession of a Forged Instrument 2nd Degree (Penal Law 170.25 pursuant to 170.10[3]: Class ‘D’ Felony). Probable cause for the arrest will be based upon the “Fraud Document” designation obtained from the computer check of the DMV database. Related charges listed in step 1, subdivisions (6) and (7), should NOT be made against the motorist in instances when DMV-IA cannot be contacted immediately. For example, it would be difficult to charge a defendant with Bribery or Offering a False Instrument for Filing, without first communicating with a DMV-IA employee who could articulate the circumstances which resulted in the “Fraud Document” designation. Additional charges, where appropriate, may be made after consulting with a DMV-IA representative. Uniformed members of the service should be guided by the following indicators when conducting license/name checks of motor vehicle operators: a. b. When conducting license/name checks always run a group search of the last name, first name, and sex without the date of birth or any middle initial (common names such as Smith, Garcia, etc. may prohibit such a search due to the large number of responses generated). Examine DMV files containing the same name/address with different dates of birth. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-54 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 c. d. e. f. 5 of 5 Examine motor vehicle operator’s documents to determine if identification with other names, addresses, or dates of birth are possessed. Invoice any items found suggesting additional driving records/identifications. Be alert to out-of-state licenses which may have been issued under lax identification standards Review a suspect’s criminal history in Department databases such as C.A.R.S. and B.A.D.S. to ascertain additional aliases, addresses, or dates of birth. Fill out CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST (PD135160) form, if applicable. Attach all pertinent supporting data and submit to desk officer for review, before distributing as per instructions on form. When attempting to ascertain a prisoner’s identity, the uniformed member of the service concerned should inform the prisoner that knowingly misrepresenting his or her actual name, date of birth, or address, to a police officer, with intent to prevent a police officer from ascertaining such information, is punishable as a crime. Prisoners who knowingly misrepresent their pedigree information should be charged under Penal Law 190.23 (False Personation, B Misd.). RELATED PROCEDURES Computerized Investigation Card System (P.G. 208-23) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Suspended or Revoked Vehicle Operator’s License (P.G. 209-26) Invoicing Property - General Procedure (P.G. 218-01) FORMS AND REPORTS INVESTIGATION CARD (PD373-163) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-55 VEHICLE OF FOREIGN REGISTRY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To notify the US Customs Service when a vehicle of foreign registration is seized. PROCEDURE Upon seizing a vehicle of foreign registration which was used, or may have been used in the commission of a crime, in addition to other required action: DESK OFFICER/ COUNTERPART 1. 2. Notify Assistant Supervisory Agent of the US Customs Service of facts including identification and location of vehicle. Send vehicle to Property Clerk with accompanying PROPERTY CLERK INVOICE (PD521-141). a. Include notation on invoice that the US Customs Service was notified. PROPERTY CLERK 3. Notify the Assistant Supervisory Agent of the US Customs Service before disposing of vehicle. FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-56 FOREIGN NATIONALS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To process arrests of foreign nationals. DEFINITION FOREIGN NATIONAL - Any person who is not a citizen of the United States, regardless of immigration status or length of residency. COUNTRIES WHOSE EMBASSIES OR CONSULATES MUST BE NOTIFIED WHEN ONE OF THEIR CITIZENS/ NATIONALS IS ARRESTED: Albania Algeria Antigua & Barbuda Armenia Azerbaijan Bahamas Barbados Belarus Belize Brunei Bulgaria China (See Note) Costa Rica Cyprus Czech Republic Dominica (Note: this country is NOT the Dominican Rep.) Fiji Gambia, The Georgia Ghana Grenada Guyana Hong Kong Hungary Jamaica Kazakhstan Kiribati Kuwait Kyrgyzstan Malaysia Malta Mauritius Moldova Mongolia Nigeria Philippines Poland (See Note) Romania Russia St. Kitts & Nevis St. Lucia St. Vincent & Grenadines Seychelles Sierra Leone Singapore Slovakia Tajikistan Tanzania Tonga Trinidad & Tobago Tunisia Turkmenistan Tuvalu Ukraine United Kingdom Uzbekistan Zambia Zimbabwe NOTE British dependencies also covered in this agreement are Anguilla, British Virgin Islands, Bermuda, Montserrat, and the Turks and Caicos Islands. The notification for permanent residents of the United States from Poland is not mandatory. The China designation does not include Republic of China (Taiwan) passport holders. PROCEDURE When a person arrested is a foreign national, comply with appropriate arrest processing procedures and: ARRESTING OFFICER 1. Enter all of the following information in the “Narrative” portion of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244159): a. Country of nationality b. Port or place of entry and status upon entry to the United States (e.g. resident, visitor, student, etc.) c. Method of entry (airplane, auto, boat, etc.) d. Date entered the United States. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-56 REVISION NUMBER: PAGE: 08/01/13 2 of 3 NOTE If doubt exists as to the status of the prisoner, enter “suspected foreign national” under “Narrative.” ARRESTING OFFICER (continued) 2. NOTE If the prisoner is from one of the countries listed, the embassy or consulate concerned must be notified, regardless of the prisoner’s wishes to the contrary. This notification must also be made even though a DESK APPEARANCE TICKET may be issued. Determine from the above list if prisoner’s embassy or consulate must be notified. WHEN NOTIFICATION MUST BE MADE: ARRESTING OFFICER 3. 4. 5. 6. INTER-CITY CORRESPONDENCE UNIT MEMBER 7. Contact the Inter-City Correspondence Unit. Provide member at Inter-City Correspondence Unit with the following information: a. Prisoner’s name and address b. Date of arrest c. County of arrest d. Major charge(s) e. Exact location where prisoner is being detained f. Telephone numbers of both the command of arrest and the borough court section. Obtain from the Inter-City Correspondence Unit the following: a. The name of the member contacted b. A log number. Enter this information in the “Narrative” portion of the ON LINE BOOKING SYSTEM ARREST WORKSHEET. Notify the embassy or consulate concerned. WHEN NOTIFICATION IS NOT MANDATED (THE PRISONER IS NOT FROM A COUNTRY LISTED ABOVE): ARRESTING OFFICER 8. 9. Inform prisoner of right to have embassy or consulate notified. Follow steps 3, 4, 5, and 6 if prisoner requests that embassy or consulate be notified. a. Should the prisoner elect not to have the embassy or consulate notified enter this information in the “Narrative” portion of the ON LINE BOOKING SYSTEM ARREST WORKSHEET. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-56 REVISION NUMBER: PAGE: 08/01/13 3 of 3 DESK OFFICER/ BOROUGH COURT SECTION SUPERVISOR 10. Ensure that arresting officer has contacted the Inter-City Correspondence Unit when notification to the prisoner’s embassy or consulate is required or in other cases when an arrested foreign national has so requested. ADDITIONAL DATA Arresting officers will contact the Intelligence Division if they experience any unusual circumstances or have questions regarding the arrest processing of a foreign national. RELATED PROCEDURE Mayor’s Executive Order Numbers 34 & 41, City Policy Concerning Confidential Information and Immigrant Access to City Services (P.G. 212-66) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) DESK APPEARANCE TICKET NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-57 HOLDERS OF LICENSES ISSUED BY NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To notify New York City Department of Consumer Affairs when a licensee is arrested. PROCEDURE When a person arrested is the holder of a license issued by the New York City Department of Consumer Affairs, follow normal arrest procedure and: ARRESTING OFFICER 1. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) Enter license information and number in boxes provided on the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-58 TAXICAB AND TOWING TRUCK OWNERS/OPERATORS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To report the arrest of taxicab and towing truck owners and operators to licensing agencies. PROCEDURE Upon arresting a taxicab/tow truck operator or owner, follow normal arrest procedure and: ARRESTING OFFICER 1. 2. NOTE Do not take credentials of towing car owner. 3. 4. 5. DESK OFFICER 6. Prepare REPORT OF VIOLATION (PD672-151). Take credentials of taxicab operator, taxicab owner or towing truck operator ONLY WHEN they have been used as an instrument in, or are evidence of, the offense charged. Prepare and deliver RECEIPT FOR CREDENTIALS (PD616-011) to prisoner, if applicable. Prepare PROPERTY CLERK INVOICE (PD521-141) when credentials are confiscated. Note under “Narrative” on ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) that the REPORT OF VIOLATION was prepared, and if applicable, the taking of credentials. Forward REPORT OF VIOLATION as directed on form. RELATED PROCEDURE Seizure Of Unlicensed Tow Trucks (P.G. 209-29) FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) REPORT OF VIOLATION (PD672-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-59 FELONY ARRESTS OF PAROLEES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To notify the New York State Division of Parole of the arrest of a parole absconder or a parolee who has been the subject of a new felony arrest. PROCEDURE When a uniformed member of the service effects the arrest of a person and the charge is a felony, other than narcotics or gambling: UNIFORMED MEMBER OF THE SERVICE 1. Remove prisoner to precinct of arrest and comply with appropriate arrest processing procedures. DESK OFFICER 2. Immediately notify precinct detective squad if charge is a felony, other than narcotics or gambling. MEMBER CONCERNED, P.D.S. 3. Conduct name check of person arrested against the “Target List of Recidivists” and the New York State Parole File. Make additional copies of the COMPLAINT REPORT (PD313-152) and ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) and forward them to the New York State Department of Parole via the Warrant Section. ADDITIONAL DATA If a uniformed member of the service conducting an investigation has a parole absconder in custody SOLELY on the authority of a parole warrant, the arrest will be processed as “FOA.” The uniformed member of the service will notify the Warrant Section, Telephone Inquiry Unit immediately for the purpose of obtaining a copy of the parole warrant to lodge the parole violator in the appropriate Department of Correction facility. In addition, an immediate notification must also be made to the Division of Parole’s, Parole Absconder Search Unit. 4. The notification to the Division of Parole is necessary to provide a copy of the parole warrant to arresting officers in cases where the Warrant Section has not yet received a copy of this document, and also to ensure that parole violators are served with a copy of the charges upon which the warrant is based, as well as the dates on which the probable cause and revocation hearings are to be scheduled. PRISONERS IN THESE CASES WILL BE LODGED AT THE APPROPRIATE DEPARTMENT OF CORRECTION FACILITY AND ARE NOT TO BE TRANSPORTED TO BOROUGH COURT SECTION FACILITIES. When preparing the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), indicate in the “Narrative Section” the time, date and names of persons notified at the Warrant Section and at the Parole Absconder Search Unit. Parole officers doing absconder work are authorized to sign for Department radios at precincts, subject to their availability. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-59 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 KEY ELEMENTS OF THE PAROLE VIOLATOR PROGRAM: Absconder Apprehension Task Force The “Absconder Apprehension Task Force” will focus on the apprehension of dangerous parole absconders. Arrested Parolee Enhanced Notification System Each month, the New York State Division of Parole will provide the New York City Police Department with a computer tape consisting of all active, delinquent, and absconder cases currently under the jurisdiction of the Division of Parole. The Division of Parole will also provide copies of all absconder warrants with appropriate physical descriptions to the New York City Police Department Warrant Section to facilitate lodging and execution of those warrants. Parole/New York City Police Department Information Exchange The “Parole/New York City Police Department Information Exchange” will facilitate cooperation between this Department and the New York State Division of Parole. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-60 DELIVERY OF FELONY WARRANT DEFENDANTS BY MEMBERS OF NEW YORK STATE POLICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To accept custody from the New York State Police of persons arrested based on a felony warrant during hours when Warrant Section personnel are not available and to arrange lodging for said prisoners pending their return to the appropriate New York City Court. NOTE Warrant Section investigators are available to process such arrests as follows: Monday to Friday 0630 x 2300 Saturday and Sunday 0630 x 1800 PROCEDURE When members of the New York State Police return a defendant who has been arrested based on a felony warrant issued by a New York City Court to the custody of this Department: DESK OFFICER 1. 50th PRECINCT 2. 3. 4. 5. Accept custody of prisoner and request a copy of the warrant or NYSPIN message from New York State Police Officer. Verify validation of warrant through Central Warrant Unit, if necessary. Prepare Prisoner Movement Slip, take one polaroid photograph of defendant and attach to Prisoner Movement Slip. a. Deliver Prisoner Movement Slip, with photo attached, to Warrant Section personnel. Notify borough Court Section concerned and follow instructions received regarding lodging of prisoner. a. Comply with provisions of P.G. 210-01, “Prisoners General Procedure,” where appropriate. Make Command Log entry of facts including delivering officer’s name and command, prisoner’s name, condition, OCA# of warrant and court part which issued warrant. a. Include all notifications made. BOROUGH COURT SECT. CONCERNED 6. NOTE If possible, prisoner should be lodged in 50th Precinct. WARRANT SECTION INVESTIGATOR Designate appropriate location for lodging of prisoner. 7. Notify Bronx Warrant Squad (Monday to Friday) or Central Warrant Unit (Saturday and Sunday), at 0630 hours to respond and take custody of prisoner. 8. 9. 10. Respond to lodging facility and take custody of prisoner. Prepare ARREST REPORT SUPPLEMENT (PD244-157). Deliver prisoner, ARREST REPORT SUPPLEMENT, and Prisoner Movement Slip to appropriate court for processing. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-60 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 RELATED PROCEDURES Arrest On Warrant (P.G. 208-42) Prisoners General Procedure (P.G. 210-01) FORMS AND REPORTS ARREST REPORT SUPPLEMENT (PD244-157) Prisoner Movement Slip NEW YORK CITY POLICE DEPARTMENT 2 of 2 PATROL GUIDE Section: Arrests Procedure No: 208-61 MATERIAL WITNESS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To maintain records of, and safeguard persons detained as material witnesses. PROCEDURE When a person is brought to a stationhouse for detention as a material witness: DESK OFFICER/ COUNTERPART 1. 2. 3. Enter “Material Witness” on ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) in block captioned “Charges and Specific Offense.” Enter “FOA” under arrest number. Indicate particulars of Detention Order under “Details.” NOTE When assigned to guard a material witness, follow instructions of assistant district attorney and detective squad commander. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-62 TRANSIENT PRISONER DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To record the detention of transient prisoners. DEFINITION TRANSIENT PRISONER - A prisoner passing through New York City in the custody of a properly identified police officer of another jurisdiction. PROCEDURE When a police officer of another jurisdiction requests detention of a prisoner in his custody: DESK OFFICER/ COUNTERPART 1. 2. 3. 4. 5. FORMS AND REPORTS Request written evidence that the prisoner is being transported to demanding state by executive authority or waiver. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). Enter letter “D” in arrest number block (NO arrest number assigned). Enter “TRANSIENT PRISONER” under caption “CHARGES AND SPECIFIC OFFENSE.” Process ON LINE BOOKING SYSTEM ARREST WORKSHEET in usual manner and give white copy to escorting officer. ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-64 CITY-WIDE CAREER FELONY-DRUG OFFENDER PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To identify targeted arrested “career felony-drug offenders” for enhanced investigation and to ensure vigorous prosecution. PROCEDURE When a uniformed member of the service effects an arrest for a FELONY DRUG OFFENSE: ARRESTING OFFICER 1. 2. NOTE Targeted felony drug offenders will be identified by the letter “X” following the letters “OCA” on the screen and the designation “Target Narcotics Violator” under the prisoner’s name. 3. Comply with pertinent arrest procedures. Conduct a warrant check via FINEST System. Notify the Organized Crime Control Bureau, Field Operations Desk, if warrant check reveals prisoner is a targeted felony drug offender. NOTE If arresting officer is assigned to the Narcotics Division such officer will be designated the “Enhancement Officer.” If arresting officer is assigned to other than the Narcotics Division, the Organized Crime Control Bureau, Field Operations Desk will notify the Narcotics Division. An enhancement officer will be assigned at the discretion of the Narcotics Division. NARCOTICS DIVISION ENHANCEMENT OFFICER 4. 5. 6. 7. 8. 9. ADDITIONAL DATA If an arrested felony drug offender is not initially identified as a target on the computer data bank because of the use of an alias, the Organized Crime Control Bureau, Field Operations Desk subsequently will receive a notification based on the prisoner’s NYSID number. The Field Operations Desk will then advise the Career Felony - Drug Offender Unit, Narcotics Division, which will make the appropriate notifications. Carefully review all arrest processing forms for completeness and accuracy. Prepare Narcotics Division Case Enhancement Worksheet in triplicate. Ensure that all identifying data re: witnesses is recorded on Worksheet. Obtain additional evidence, if possible. Request expedited lab examination and report. Distribute Narcotics Division Case Enhancement Worksheet as follows: a. Original - appropriate Assistant District Attorney at the Complaint Room. b. Duplicate - to Narcotics Division, Room 1100, Police Headquarters. c. Triplicate - filed at enhancement officer’s command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-65 FELONY AUGMENTATION PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To establish legally sound cases with the cooperation of the District Attorney, which will result in significant prison terms for career criminals. PROCEDURE When a uniformed member of the service effects a felony arrest, except those involving controlled substances, marihuana, or gambling: ARRESTING OFFICER 1. 2. Comply with the pertinent arrest procedures. Escort prisoner to stationhouse, precinct of arrest. DESK OFFICER 3. After verifying that the arrest is valid, immediately notify the Precinct Detective Squad of the arrest and comply with existing arrest processing procedures. 4. Query the Computer Assisted Robbery System (CARS) to ascertain whether the prisoner is a career criminal or a New York State parolee and inform desk officer of results of query (see P.G. 208-59, “Felony Arrests Of Parolees”). Determine from prisoner’s criminal history and facts of present case whether arrest should be augmented. Inform desk officer of decision whether or not case will be augmented and advise as to any additional steps to be taken by the arresting officer if the case is to be augmented. ASSIGNED DETECTIVE 5. 6. WHEN A YOUTH FOURTEEN TO EIGHTEEN YEARS OF AGE IS ARRESTED BY A UNIFORMED MEMBER OF THE SERVICE FOR ROBBERY 1ST DEGREE, ROBBERY 2ND DEGREE OR A SERIOUS VIOLENT FELONY: 7. 8. Review circumstances of the arrest. Conduct an inquiry into the prisoner’s background including his juvenile contacts with the police. a. If the prisoner’s background indicates that he has two or more felony arrests, the investigator will determine if the case should be augmented. DESK OFFICER 9. Contact the Identification Section - Youth Records Unit to obtain information on prior police record of juvenile in order to make certain that no youth arrested for a felony is released while awaiting trial on a violent felony. a. No violent youth will be released to a parent/guardian while awaiting trial on another violent offense. Have INVESTIGATION CARD (PD373-163)/Wanted/Juvenile Recidivist check conducted via FINEST system. See P.G. 208-23, “Computerized Investigation Card System.” ASSIGNED DETECTIVE 10. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-65 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 NOTE The major consideration as to whether the case will be augmented will be the nature of the present crime with which the youth is involved, in addition to a reasonable prospect of prosecution by the District Attorney’s Office. All precinct based investigative units (e.g., RAM Unit, precinct detective squad, etc.) will enhance any case being made against a violent youth. RELATED PROCEDURES Computerized Investigation Card System (P.G. 208-23) Felony Arrests of Parolees (P.G. 208-59) FORMS AND REPORTS INVESTIGATION CARD (PD373-163) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-66 FELONY CASE DEVELOPMENT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To enhance the prosecution of designated felony arrests, to provide arrest intelligence to precinct detective squads and to train patrol personnel in case development procedures. SCOPE The Felony Case Development Program has three main objectives: a. Eliminate the gap between arrest and prosecution of certain designated felonies by providing for an immediate follow-up investigation by the appropriate investigative unit. b. Provide intelligence to precinct detective squads regarding who is being arrested within the confines of the precinct for serious felonies. c. Have experienced investigators train patrol personnel in case development. DEFINITION DESIGNATED FELONY ARRESTS - FOR THE PURPOSE OF THIS PROCEDURE ONLY, listed below are the designated felonies (including attempts) and the appropriate units for referral: CRIME Homicides Burglary (1st & 2nd degrees) Assault (victim likely to die) Weapons (loaded firearm) Grand Larceny (unusual cases): By extortion From senior citizens, governmental or religious organizations Unusual public interest Robbery (all degrees) Violent felony committed by a juvenile st Sex Crimes (1 degree), including Aggravated Sexual Abuse Narcotics (A1 & A2 felonies) Bribery Grand Larceny - Auto UNIT REFERRED TO Precinct Detective Squad Precinct Detective Squad/RAM Unit Precinct Detective Squad/RAM Unit Borough Special Victims Squad Narcotics Division. If closed, OCCB Operations Desk Internal Affairs Bureau, Complaint Intake (212) 741-8401 Auto Crime Division (100 Major Violators) PROCEDURE When a uniformed member of the service effects the arrest of a person on a felony charge, including charges of juvenile delinquency where the conduct would be a felony if committed by an adult: ARRESTING OFFICER 1. Remove prisoner to precinct of arrest and comply with current arrest procedures. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-66 PAGE: 08/01/13 DESK OFFICER 2. 3. 4. NOTE REVISION NUMBER: 2 of 4 Immediately notify precinct detective squad if charge is a felony, other than narcotics or gambling. Notify the borough Special Victims Squad (SVS) if charge is for a first degree sex crime. When the SVS is closed (0100-0800 hours) notify the Detective Borough Night Watch Dispatcher. Refer eligible Designated Felony Arrest to the appropriate investigative unit (see above). The following “Letter Classification Codes” will be entered in the UPPER RIGHT corner of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159): a. LETTER “A” - Developed by appropriate investigative unit b. LETTER “B” - Eligible for case development, but WAIVED by investigative unit supervisor due to lack of personnel (not used after 2400 hours or when unit is closed) c. LETTER “C” - Not eligible for case development, i.e., not designated felony, between 2400 hours and 0800 hours and felony not accepted by Night Watch or other open investigative unit d. LETTER “D” - Augmented by precinct detective squad. In addition, LETTER “C” will be entered for all arrests not within the purview of the FELONY CASE DEVELOPMENT PROGRAM, i.e., other than by NYPD members assigned to Patrol Services Bureau OR for designated felonies. DESK OFFICER 5. Direct arresting officer to deliver prisoners to precinct detective squad for post-arrest investigation of all felony arrests designated for case development. PRECINCT DETECTIVE SQUAD SUPERVISOR 6. Determine if arrest should be developed by Precinct Detective Squad or specialized investigative unit. a. Have arresting officer notify specialized investigative squad in appropriate cases. b. Have all cases entered on CASE DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG (PD306-140), including those cases referred to other units. DETECTIVE/ SPECIALIZED INVESTIGATIVE UNIT SUPERVISOR 7. Assign detective to conduct case development. a. If lack of investigative manpower prevents such assignment, indicate that case is being waived and reasons for waiver on CASE DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG. The name of the supervisor is to be part of this entry. b. Instruct arresting officer to assist in investigation, as required. c. Supervise follow-up investigation. ASSIGNED INVESTIGATOR 8. Enter case on CASE DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG. Assign next ARREST INVESTIGATION REPORT (AIR) case number. a. AIR numbers are assigned chronologically, beginning with number one for the first case development of the calendar year, by the unit conducting the post-arrest development (e.g. RAM-01, etc.). 9. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-66 PAGE: 08/01/13 ASSIGNED INVESTIGATOR (continued) 3 of 4 b. 10. 11. NOTE REVISION NUMBER: Each investigative unit will maintain its own CASE DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG for the purpose of assigning AIR numbers. However, information on all cases must be phoned into the detective squad covering the precinct of arrest for inclusion on its LOG. Investigate facts relating to commission of crime and subsequent arrest(s) and record facts on ARREST INVESTIGATION REPORT (PD244-1511). Determine principal charge to be lodged against defendant. a. Principal charge will be the highest level of crime for which probable cause can be demonstrated by facts determined during the investigation. If the assigned investigator determines that the original charge is not correct, the investigator shall enter the correct charge on the LOG and inform the desk officer. This step will be complied with even when it is determined that the amended charge is not a designated felony. If the desk officer disagrees with the investigating officer as to the proper charge, the investigative squad supervisor will confer with the desk officer to determine the appropriate charge. 12. Present completed ARREST INVESTIGATION REPORT to squad supervisor. a. AIR should include the following checks: (1) BCI - Criminal Record (2) Warrant/Computerized Investigation Card (3) Weapons - FINEST check when applicable. DETECTIVE SPECIALIZED INVESTIGATIVE SQUAD SUPERVISOR 13. Review ARREST INVESTIGATION REPORT for completeness, sign in appropriate space and distribute as follows: a. ORIGINAL (1st) and TRIPLICATE (3rd) copies - to arresting officer. b. DUPLICATE (2nd) copy - together with appropriate COMPLAINT REPORT (PD313-152) to investigative squad which developed case for file. c. QUADRUPLICATE (4th) copy - maintain in separate folder at Precinct Detective Squad (PDS). Specialized investigative squads forward this copy to PDS concerned. NOTE On the fifth day of each month, the folder containing the fourth (4th) copy of the ARREST INVESTIGATION REPORTS and the CASE DEVELOPMENT ASSIGNMENT LOG SHEET for the previous month’s activity will be forwarded to the borough detective command concerned. ARRESTING OFFICER 14. Direct arresting officer to forward original ARREST INVESTIGATION REPORT with all other arrest documents as per P.G. 208-15, “Preparation Of Arrest Related Documents At The Stationhouse.” 15. Retain third copy of ARREST INVESTIGATION REPORT for personal records. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-66 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 Specialized investigative units (e.g., RAM, Borough Special Victims Squad, etc.) must maintain a CASE DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG to serve as an index with chronological AIR numbers. However, this LOG is for in-house use only. The precinct detective squad copy of the LOG is the only DETECTIVE CASE ASSIGNMENT LOG that should be forwarded to the detective borough coordinator. Therefore, it is imperative that the assigned investigator of a specialized investigative squad provide the necessary information for logging the case (including AIR #) to the precinct detective squad. In cases where a “riding” Assistant District Attorney is present at the arrest scene to supervise the post-arrest investigation it is not necessary to conduct a formal case development; the case should be coded “C” and the name of the Assistant District Attorney entered. If the Assistant District Attorney states over the telephone that he/she will respond, initiate the case development. Upon arrival of the Assistant District Attorney, if he/she does not require that the development be completed, make appropriate notation on AIR; Case will be coded “A” and an AIR number will be assigned. Detective borough commanders are responsible for the Felony Case Development Program in their respective boroughs. Accordingly, they will maintain a system to review completed post-arrest investigations as means of quality control. Additionally, they will ensure that completed documentation is maintained, including reasons when designated felony arrests are not submitted for case development. Every effort will be made to conduct case development in a timely manner. In addition, the CITYWIDE EXPEDITED ARREST PROCESSING program remains in effect when processing Felony Case Development Program arrests. Desk officers are responsible for having all arrest related documents and Live-scan procedures completed expeditiously and in NO CASE LATER THAN THREE HOURS FROM TIME OF ARREST. Furthermore, desk officers will notify the borough court section supervisor and be guided by the court section supervisor’s instructions in regards to arraignment delays. In instances where the arrest package is forwarded without the prisoner, prepare a Prisoner Movement Slip and attach one photograph of prisoner. The Prisoner Movement Slip will remain with prisoner until he/she is transported to borough Court Section or court. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Arrest Report Preparation At Stationhouse (P.G. 208-15) FORMS AND REPORTS ARREST INVESTIGATION REPORT (PD244-1511) CASE DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG (PD306-140) COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) Prisoner Movement Slip NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-67 FOLLOW-UP INVESTIGATIONS ON "DECLINE PROSECUTION" ARREST CASES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To determine if a case designated “Decline Prosecution” by the District Attorney’s office can be re-opened and prosecuted after a follow-up investigation. SCOPE To ensure that all arrests effected by uniformed members of the service are prosecuted to the fullest extent of the law and in keeping with the Department’s arrest strategy to reduce crime and disorder, the Department, in cooperation with all five county District Attorney’s Offices has implemented a follow-up investigation initiative for cases that have been designated “Decline Prosecution.” Designated “Decline Prosecution” arrest cases will be re-opened and prosecuted, if a requested follow-up investigation is conducted and specific additional information (e.g., interviews, evidence, line-ups, etc.) is obtained. PROCEDURE When a District Attorney’s office in a “Decline Prosecution” arrest case requires specific additional information: ADA CONCERNED 1. Forward to borough Court Section, letter indicating the type of additional information (e.g., interviews, evidence, line-ups, etc.) required to re-open case for prosecution. BOROUGH COURT SECTION 2. Immediately forward request to commanding officer concerned. COMMANDING OFFICER/ COUNTERPART 3. Ensure that the arresting officer, anti-crime unit, precinct detective squad, Burglary/Robbery Apprehension Module (BRAM), etc., expeditiously complies with the District Attorney’s request. UNIFORMED MEMBER OF THE SERVICE ASSIGNED 4. Immediately contact assigned Assistant District Attorney, whose name and telephone number are indicated on form letter, for instructions if the follow-up investigation yields positive results. a. If it is determined that the defendant is to be re-arrested on the same charge that was designated “Decline Prosecution”: 1. Issue a new arrest number 2. Fingerprint prisoner 3. Notify the Borough Court Section supervisor. COMMANDING OFFICER/ COUNTERPART 5. Have DECLINE PROSECUTION ARREST CASE REPORT (PD244-1515) prepared. Ensure that REPORT is forwarded to borough Court Section within ten business days of receiving District Attorney’s request, regardless of outcome of investigation. 6. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-67 REVISION NUMBER: PAGE: 08/01/13 2 of 2 BOROUGH COURT SECTION 7. Maintain a “Decline Prosecution Arrest Case” log. a. Forward monthly report to Criminal Justice Bureau. NOTE Failure to return the completed REPORT within this time frame will possibly result in the District Attorney’s Office not re-opening the arrest case for prosecution. Whenever a DECLINE PROSECUTION ARREST CASE REPORT is prepared and forwarded to the borough Court Section, a duplicate copy of the REPORT will be prepared for the precinct/command file. ADDITIONAL DATA The DECLINE PROSECUTION ARREST CASE REPORT will not be prepared when the District Attorney’s Office form letter indicates that a “Decline Prosecution” case cannot be re-opened for prosecution. In such cases, the form letter will serve to inform commanding officers so that, where necessary, they may instruct, train, and/or monitor the uniformed member of the service concerned. FORMS AND REPORTS DECLINE PROSECUTION ARREST CASE REPORT (PD244-1515) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-68 OLBS COMPUTERIZED ARREST NOTIFICATION PRINTOUT DATE ISSUED: DATE EFFECTIVE: 10/16/13 REVISION NUMBER: PAGE: 10/16/13 1 of 3 PURPOSE To have Management Information Systems Division (MISD) forward “On Line Booking System (OLBS) Arrest Notification Printout” to specified commands/agencies for certain arrests. DEFINITION OLBS COMPUTERIZED ARREST NOTIFICATION PRINTOUT - A computerized printout containing arrest data. PROCEDURE To provide specified commands and agencies with arrest data: MISD PERSONNEL 1. Have “OLBS Computerized Arrest Notification Printout” forwarded to respective commands and agencies on a monthly basis, as follows: ARREST OF/FOR/INVOLVING: COMMAND/AGENCY ARSON Arson and Explosion Squad ARSON, ATTEMPTED ARSON OR FIRE RELATED CRIMINAL MISCHIEF FDNY - Division of Fire Investigation ATTORNEY or anyone for violation of Judiciary Law Deputy Commissioner - Legal Matters AUXILIARY POLICE OFFICER (confiscate shield and identification card) Auxiliary Police Section BRIBERY/ATT. BRIBERY (member of service involved) Internal Affairs Bureau and Employee Relations Section BURGLARS TOOLS Major Case Squad CIGARETTE TAX VIOLATION Cigarette Tax Enforcement Unit CITY UNIVERSITY OF NEW YORK EMPLOYEE The City University of New York - Deputy University Director of Security and Public Safety CORRECTION EMPLOYEE Department of Correction CRIMINAL ANARCHY INVOLVING DOCUMENT DESCRIBING USE OR MAKING OF EXPLOSIVES Arson and Explosion Squad DRUG ADDICT or involving P.L. 220.00 Narcotics Division - Only if arrest made by Narcotics Division personnel EXPLOSION BY BOMB or EXPLOSIVE DEVICE Arson and Explosion Squad NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-68 REVISION NUMBER: PAGE: 10/16/13 2 of 3 ARREST OF/FOR/INVOLVING: COMMAND/AGENCY EXPLOSIVE OR BOMB (possession) Arson and Explosion Squad FORCIBLE RAPE, FORCIBLE CRIMINAL SEXUAL ACT, SEX ABUSE 1ST DEGREE, or attempts of these crimes Borough Special Victims Squad FOREIGN NATIONAL Intelligence Bureau FRAUDULENT ACCOSTING OR LARCENY BY PICKPOCKET Special Frauds Squad GAMBLING OFFENSE Narcotics Division HOLDER OF RIFLE/SHOTGUN PERMIT issued by Firearms Control Board Office of Chief of Department, Investigation Review Section HOSPITAL, any offense and prisoner admitted Borough Court Section Concerned INSURANCE FRAUD (PL 176.00) Auto Crime Division MOTOR VEHICLES reported stolen outside New York State FBI Auto Squad NYC HOUSING EMPLOYEE NYC Housing Authority NYC TRANSIT EMPLOYEE MTA-NYC Transit PISTOL LICENSEE License Division POLICE IMPERSONATOR Internal Affairs Bureau POSTAL SERVICE, crimes affecting US Postal Inspector PRISONER, any offense and $5,000 or more is seized Property Clerk Division PROPERTY EVIDENCE Property Clerk Division PROPERTY THEFT exceeding $5,000 and property is identifiable by serial numbers or markings (excluding autos) FBI Major Theft Squad Major Case Squad SEAMAN, foreign (violation of narcotics law) Chief of Department SPECIAL PATROLMAN License Division TELEPHONE SEIZURE (public morals arrest) Deputy Commissioner - Legal Matters NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-68 REVISION NUMBER: PAGE: 10/16/13 3 of 3 ARREST OF/FOR/INVOLVING: COMMAND/AGENCY TOWING CAR DRIVER or OWNER Department of Consumer Affairs NYC DEPARTMENT OF TRANSPORTATION EMPLOYEE (Department of Highways, Traffic, Marine & Aviation or Parking Violations Bureau) NYC Department of Transportation, Inspector General UNLAWFUL POSSESSION OF RADIO DEVICES (P.L. 140.40) Communications Division WATERFRONT EMPLOYEE Waterfront Commission ADDITIONAL DATA When an arrest is effected by a uniformed member of the service for an offense committed on property under jurisdiction of any of the following police agencies, the arresting officer will enter proper jurisdictional code number in box 28 on the ON LINE BOOKING SYSTEM ARREST WORKSHEET. Management Information Systems Division will forward a copy of the “OLBS Computerized Arrest Notification Printout,” as follows: Amtrak Police CSX Transportation Police MTA Police New York State Park Police New York State Police NYC Health and Hospitals Police Port Authority Police Triborough Bridge and Tunnel Authority U.S. Park Police Inquiries after initial arraignment from external private and/or governmental agencies relative to any arrest will be directed in writing to Commanding Officer, Identification Section. He/she will be responsible for determining if the police record has been sealed pursuant to Section 160.50 of the Criminal Procedure Law. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-69 NOTIFICATIONS IN CERTAIN ARREST SITUATIONS DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 5 PURPOSE To notify an agency or Department unit in certain arrest cases. PROCEDURE When an arrest is effected and any of the following conditions exists, follow existing arrest procedures and: DESK OFFICER 1. NOTE Notify Operations Unit DIRECT for arrests involving: a. Alcohol, illegal manufacture or possession b. Any offense, and prisoner has $500 in federal food stamps, except authorized wholesale or retail dealer. c. Any offense, and prisoner is an employee of: (1) New York City, except Fire Department (2) US Internal Revenue Service (3) US Postal Service (4) US Department of State (5) New York State Department of Corrections. Whenever an arrested person indicates a school as place of employment, the arresting officer shall ascertain if the school is under jurisdiction of the New York City Department of Education. In the event a member of the Department anticipates the arrest of a Department of Correction employee at a correctional facility, please refer to ADDITIONAL DATA statement below. d. e. f. g. h. i. j. k. l. Any offense, and prisoner is a uniformed or civilian member of this Department. (1) Make entry of notification in Telephone Record and include identity of precinct commander/duty captain notified. Cigarette tax violation. Forgery of prescription for narcotics. Extortion or bribery concerning any taxes under jurisdiction of New York City Department of Finance OR criminal impersonation of tax official. Any offense and prisoner possesses multiple blank social security cards or multiple social security cards with different names and/or numbers. Larceny of parking meter or its contents OR tampering with meters. US Postal Law violations. Any offense and prisoner is member of Armed Forces (Army, Navy, Air Force, Marines, Coast Guard) OR prisoner is AWOL (Absent Without Leave) OR a deserter. Any offense and prisoner is impersonating a New York City Department of Health employee. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-69 REVISION NUMBER: PAGE: 10/16/13 DESK OFFICER 2. (continued) 2 of 5 Make direct notification to agency or command concerned when arrest is effected for: Criminal Anarchy Intelligence Bureau Any offense, and prisoner possesses anarchistic literature advocating the violent overthrow of the existing government of this State or Nation Intelligence Bureau Any offense, and prisoner is an employee of: Division of Substance Abuse Services Port Authority TBTA New York State Division Substance Abuse Services Port Authority of NY and NJ Triborough Bridge Authority (TBTA) United Nations Intelligence Bureau New York City Fire Department Inspector General, Fire Department New York State Parole, Senior Parole, Supervising Parole Officer Division of State Parole New York State Police Office of Chief Inspector, (518) 4576554. (During non-business hours notify New York State Police Division Headquarters, [518] 457-6811) New York State Court System New York State Unified Court System Command and Communications Center and of Tunnel Any offense, and prisoner is a member of armed forces of a foreign nation Provost Marshal, Brooklyn Fort Hamilton, Felony and prisoner is employee of U.S. Department of Defense Provost Marshal, Brooklyn Fort Hamilton, Morals or perversion charge and prisoner is employee of U.S. Department of Defense Provost Marshal, Brooklyn Fort Hamilton, Any offense, and a youth gang is involved Intelligence Bureau Any offense, and Department Education is involved in any way School Safety Division Any graffiti-related offenses Citywide Vandals Task Force, Transit Bureau Any offense and prisoner is an employee of The City University of New York The City University of New York Deputy University Director of Security and Public Safety Any offense, and prisoner is involved in the private carting industry, City owned wholesale markets, or boats involved in offshore shipboard gambling emanating from New York City locations Business Integrity Commission, via the Organized Crime Control Bureau, Field Operations Desk Any offense, and prisoner admits, or is determined to be a foreign national Notify borough court supervisor of NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-69 REVISION NUMBER: PAGE: 10/16/13 3 of 5 DESK OFFICER (continued) Grand Larceny Auto or C.P.S.P. (motor vehicle or motorcycle) Auto Crime Division Any offense and prisoner is a registered sex offender Fax copy of OLBS to Sex Offender Monitoring Unit (SOMU) 3. 4. Direct arresting officer to notify Intelligence Bureau, Criminal Intelligence Section twenty-four hours/seven days a week, to determine if an immediate response by a member of the Intelligence Bureau is warranted in regards to possible terrorist links, for arrests or seizures involving the following: a. Fraudulent documents b. Identity theft c. Welfare fraud d. Untaxed cigarettes e. Drug paraphernalia f. Telephone calling cards g. Shop lifting h. Baby formula i. Counterfeit money j. Money laundering k. Travelers checks (stolen/counterfeit) l. Money Orders (stolen/counterfeit) m. Credit cards (stolen/counterfeit/bust out schemes) n. Expired candy - consumer affairs violations o. Grand larceny fraud p. Firearms q. Trademark counterfeiting r. Marriage fraud s. Foreign national smuggling t. Cell phones u. Coupon fraud v. Computer fraud w. Khat (a plant used as an habituating stimulant) sales or possession x. Bank checks y. Stolen property z. ATM fraud/theft - bank cards Direct arresting officer to notify Human Resources Administration, Bureau of Client Fraud, by telephone (212) 274-4749 (0830-1700 hours) or (212) 274-4717 (at all other times) and State of New York, Office of the Welfare Inspector General, by telephone (212) 417-2028 (Monday to Friday, 0900-1700 hours) or (800) 682-4530 at all other times, whenever a prisoner is arrested for: a. INCOME GENERATING OFFENSE, i.e., drugs, gambling, prostitution, unlicensed vendor, etc., and the prisoner possesses: (1) Department of Social Services Recipient Identification Card OR (2) Two different sets of identification cards OR (3) Food stamps NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-69 PAGE: 10/16/13 4 of 5 b. DESK OFFICER (continued) 5. ADDITIONAL DATA REVISION NUMBER: The telephone notification will also be made when prisoner is arrested for ANY OFFENSE and possesses: (1) Two or more social security cards in same name, with different numbers or different names and numbers OR (2) Department of Social Services Recipient Identification Card and more than $500.00 in U.S. currency OR (3) Department of Social Services Recipient Identification Card and an employee ID card from any City agency or other identification indicating any employment. Direct uniformed members of the service making any arrests to question prisoner(s) re: a. Employment or involvement in the child care field in the following capacities: (1) Any employee of a day care center or Headstart Program (2) Any family day care provider or member of household (3) Any employee of a program for protective services, preventive services, youth development and delinquency, runaway and homeless youths, day camp, park or recreation (4) Any employee of a foster care program or member of a foster care family. b. Have arresting officer prepare form Child Care Worker Arrest Notification (Misc. 2148), in duplicate, when prisoner is employed or involved in child care field. c. Immediately notify the Operations Unit, direct, and forward original copy of form to New York City Department of Investigation, in next Department mail. (1) File duplicate copy of form with precinct copy of ON LINE BOOKING ARREST WORKSHEET (PD244-159). ANTICIPATED ARREST OF NYC DEPARTMENT OF CORRECTION EMPLOYEE: Whenever a member of the Department anticipates the arrest of a Department of Correction employee at a correctional facility, that member must make a telephone notification to the Department of Correction, Investigations and Trials Division, prior to arrival at the correctional facility. The Investigations and Trials Division will coordinate, with the arresting officer, the necessary arrangements for the prompt and safe surrender of its employee. The Department of Correction Investigations and Trials Division can be reached at (212) 266-1440 or (212) 266-1942, during business hours. At all other times, the investigators shall contact the Investigations and Trials Division Duty Supervisor through the Department of Correction Central Operations Desk at (718) 546-1384. This protocol does not limit the right or duty of a member of the service to effect an arrest. If a member of the service experiences a lack of cooperation, he/she shall notify a supervisor. The supervisor will notify the duty captain if the supervisor is unable to correct the situation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-69 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 5 of 5 ADDITIONAL DATA (continued) Summary arrests and arrests of Department of Correction employees outside correctional facilities are not affected by this procedure. Cases involving corruption or serious misconduct continue to require a notification to the Internal Affairs Bureau Command Center at (212) 741-8401, twenty-four hours a day, seven days a week, in accordance with P.G. 207-22, “Allegations of Corruption Against City Employees (Other than Members of the NYPD).” FORMS AND REPORTS ON LINE BOOKING ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-70 PROCESSING OF NEW YORK STATE DOMESTIC INCIDENT REPORTS IN THE DOMESTIC VIOLENCE DATABASE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To improve the tracking, monitoring, and analysis of domestic violence cases. PROCEDURE Whenever entering information from a command’s past/current New York State Domestic Incident Report (DCJS-3221) into the new Domestic Violence Database System: UNIFORMED MEMBER OF THE SERVICE 1. NOTE The current New York State Domestic Incident Report (DCJS-3221) does not have captions for certain pertinent information that is collected in the Domestic Violence Database System. Therefore, the following information is to be elicited from the person(s) involved and recorded in the NARRATIVE OF THE INCIDENT: a. Alcohol involved b. Narcotic involved c. Verbal dispute only d. Court and Docket number of Order of Protection e. Voucher number of photos (if taken) f. Social security number and alias of persons involved (record next to name if space allows, otherwise include name and information in narrative) g. Reporting officer’s tax number in box titled “OFFICER I.D. NO.” DESK OFFICER 2. 3. Submit hard copy of Domestic Incident Report and any related paperwork [COMPLAINT REPORT (PD313-152), AIDED REPORT WORKSHEET (PD304-152b), ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) etc.] to desk officer. Review hard copy of Domestic Incident Report and any related paperwork for accuracy and completeness and sign. Direct command clerk to enter information from the Domestic Incident Report into the Domestic Violence Database System. COMMAND CLERK 4. NOTE Members of the service entering Domestic Incident Reports into the Domestic Violence Database System should not attempt to translate victims’ statements that are written in languages other than English, regardless of whether or not the member is proficient in the other language. However, members should indicate in the “Victims Statement of Allegations/Supporting Deposition” field that the statement is written in a language other than English (i.e., “Victim’s statement is completed in apparent Spanish”). 5. Enter information from the Domestic Incident Report into the Domestic Violence Database System and print out computer copy. Attach hard copy and computer copy and present them to the desk officer for review. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-70 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 4 With the implementation of new, linked computer systems, the command clerk must enter all associated reports and obtain numbers from the other appropriate computer systems (OLCS, Aided, etc.) PRIOR TO entering the data into the Domestic Violence Database System. The command clerk will record all appropriate numbers on the hard copy of the Domestic Incident Report. It is imperative that these numbers are obtained prior to the entry of the Domestic Incident Report since these numbers link to the other systems and links information contained therein and CAN NOT be entered or retrieved later. In the event that a Domestic Incident Report is entered into the database without these numbers, it MUST BE VOIDED and re-entered with this information. The command clerk will prepare a Domestic Incident Report for walk-in complainants reporting domestic incidents whenever the command’s domestic violence officer is not available to do so. DESK OFFICER 6. 7. DOMESTIC VIOLENCE OFFICER/ DESIGNATED REVIEWER NOTE 8. 9. Review computer copy and compare to the hard copy for accuracy and completeness. Forward both copies to the command’s domestic violence officer/designated reviewer. Obtain previously assigned victim and/or offender numbers or generate new numbers, as appropriate, from database. Query the Domestic Violence Database System for the following offender information: a. Warrant history b. Investigation card status c. Gun license/permit status d. Criminal recidivist history e. Targeted narcotics violator status f. Domestic violence history Results of the New York State Police Information Network (NYSPIN) inquiries concerning orders of protection, probation status and arrest history (Booking Arraignment Disposition System [BADS]), and complaint history (On Line Complaint System [OLCS]), will be entered onto the appropriate captions of the Domestic Incident Report review screen. 10. 11. DESK OFFICER/ DOMESTIC VIOLENCE SUPERVISOR 12. 13. Ensure that all computer inquiries regarding the offender are completed during the tour in which they are commenced. a. Attach printouts of all inquiries listed in step 9 to the Domestic Incident Report. Forward both copies of the Domestic Incident Report back to the desk officer or domestic violence supervisor for endorsement Review the Domestic Incident Report computer summary screen. a. Ensure that all Domestic Incident Reports and the necessary offender queries are completed. Utilize the supervisory sign off function to finalize each Domestic Incident Report thereby entering it into the Domestic Violence Database System. a. Print finalized copy of Domestic Incident Report. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-70 REVISION NUMBER: PAGE: 08/01/13 3 of 4 NOTE Any Domestic Incident Report prepared by a command other than PRECINCT OF OCCURRENCE, must be entered, reviewed and finalized by the COMMAND OF REPORT. The hard copy of the Domestic Incident Report will then be faxed to the precinct of occurrence. The original will be maintained in a file folder marked, “Out of Command DIRs”. (This folder is not required if prepared by a PSA, and the incident occurs within the precincts that they cover). DESK OFFICER/ DOMESTIC VIOLENCE SUPERVISOR 14. Void any duplicate Domestic Incident Reports and those entered incorrectly or in error. 15. Prepare daily a Domestic Incident Index utilizing the computer’s “Domestic Violence Query-Status Report” for all the Domestic Incident Reports entered the previous day. a. Maintain a copy of the Index in the Domestic Violence office and at the desk. Utilize the computer’s add/view “follow-up comments function” to enter new information (e.g. results of home visits, phone contacts, additional information, etc.) related to the Domestic Incident Report. Utilize the computer’s “High Propensity Offender” function to add and remove offenders to the commands High Propensity List. (continued) DOMESTIC VIOLENCE PREVENTION OFFICER 16. 17. PRECINCT DETECTIVE SQUAD MEMBER 18. Enter case closing status of any resolved domestic violence case into the Domestic Violence Database System. ARREST PROCESSING OFFICER 19. Complete a “Global Name Check” of the offender and victim in all domestic violence arrest cases. a. Print out the result screen and the previously prepared Domestic Incident Report(s). Forward the name check results and Domestic Incident Report(s) with the arrest package to the District Attorney’s Office. 20. COMMAND INTEGRITY CONTROL OFFICER 21. 22. 23. Provide members of the service access to the Domestic Violence Database System utilizing the administrator options of the computer as appropriate. Maintain a list of authorized users assigned to the command. Print, review, and maintain on a monthly basis, a list of all voided Domestic Incident Reports entered into the Database. a. Take corrective action where appropriate. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-70 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 Members of the service are reminded that the hard copy of the DIR, which should include a statement written in the complainant/victim’s own handwriting, is the primary source for information regarding domestic incidents. The handwritten victim’s statement is crucial to the District Attorney during the prosecution of a domestic violence case and can serve as the accusatory instrument, when necessary. When a domestic violence officer, precinct detective squad member, or other interested member of the service is investigating a domestic incident and the Domestic Violence Database indicates that the victim’s statement is written in a language other than English, he or she should refer to the hard copy of the DIR to obtain the victim’s handwritten statement. If the need for a translator arises, members of the service should comply with P.G. 212-90, “Guidelines for Interaction with Limited English Proficient (LEP) Persons”. ADDITIONAL DATA Domestic Incident Reports that are prepared by officers assigned to commands other than precinct of occurrence (i.e. Housing Bureau personnel, etc.) who have access to the Domestic Violence Database System, will be responsible for the data entry, review and finalization of the Domestic Incident Report. The follow-up investigation will be the responsibility of the precinct of occurrence or housing PSA, as appropriate. Due to the sensitive nature of the Database information, access is limited to authorized users and is controlled using CESN passwords. The command’s integrity control officer provides access to the system; however, revoked passwords must be re-activated by the integrity control officer assigned to the Management Information Systems Division. Commands will access the Domestic Violence Database System from local area network (LAN) workstations that have Internet Explorer Browser installed. Once the system issues a sequential number and the Domestic Incident Report is reviewed by the domestic violence officer, only a supervisor from the precinct of occurrence is permitted to make modifications. Additionally, once a desk officer/domestic violence supervisor has finalized a Domestic Incident Report for entry into the Domestic Violence Database System, no modifications will be allowed. (This does not include domestic violence officer notes or detective case closing). RELATED PROCEDURES Domestic Violence Prevention Officer (P.G. 202-29) Family Offenses/Domestic Violence (P.G. 208-36) Family Offenses and Domestic Violence Involving Uniformed or Civilian Members Of The Service (P.G 208-37) Family Offense/Domestic Violence (Photographing Visible Injuries/Damaged Property) (P.G. 208-39) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) New York State Domestic Incident Report (DCJS-3221) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-71 DOCUMENTATION OF ACTIVITY OF BAIL ENFORCEMENT AGENTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To identify bail enforcement agents who are attempting to apprehend wanted persons, and to preserve the peace and ensure public safety in these situations. DEFINITION BAIL ENFORCEMENT AGENT - Shall include any person, firm, company, partnership or corporation engaged in the business of enforcing the terms and conditions of a person’s release from custody on bail in a criminal proceeding, including locating, apprehending and returning any such person released from custody on bail who has failed to appear at any stage of a criminal proceeding to answer the charge before the court in which he/she may be prosecuted. PROCEDURE When a bail enforcement agent appears at a precinct to notify the Department that he/she intends to apprehend a wanted person: DESK OFFICER 1. NOTE Interview bail enforcement agent and verify the following: a. Bail enforcement agent is appropriately licensed or is directly employed by an appropriately licensed bail enforcement agent, and b. Bail enforcement agent is in possession of a bail bond that names the defendant he/she is seeking to apprehend. The burden of proving that he/she is appropriately licensed falls upon the bail enforcement agent. The licensing agency, the New York State Department of State, maintains a searchable database of bail enforcement agent licensees (see www.dos.state.ny.us/). Bail enforcement agents who fail to prove that they are appropriately licensed will be advised that they may not make an apprehension until such proof is provided. 2. 3. 4. 5. 6. Prepare BAIL ENFORCEMENT AGENT NOTIFICATION OF SERVICE (PD609-120). Make immediate telephone notification to the Warrant Section’s Telephone Inquiry Unit twenty-four hours a day, seven days a week in order to determine if a member of the Warrant Section is conducting an investigation on the defendant the bail enforcement agent is seeking to apprehend. a. If the warrant is currently under investigation by Warrant Section, the appropriate borough field office will respond to make the arrest. b. If warrant is not currently under investigation by the Warrant Section, the bail enforcement agent(s) will apprehend the wanted person. Make a command log entry pertaining to the bail enforcement agent’s information. Record name of person notified at Warrant Section and result of inquiry in the Telephone Record and BAIL ENFORCEMENT AGENT NOTIFICATION OF SERVICE. File BAIL ENFORCEMENT AGENT NOTIFICATION OF SERVICE at command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-71 PAGE: 08/01/13 DESK OFFICER 7. (continued) NOTE REVISION NUMBER: 2 of 3 Direct precinct RMP unit to accompany bail enforcement agent, if requested, in cases where wanted person is believed to be present in an occupied building. Since this apprehension is a private, contractual matter, the Department is under no general duty to assist the bail enforcement agent, just as the Department has no duty to assist a car repossessor, for example, in the recovery of a vehicle. However, police personnel should respond to the scene of the apprehension to preserve the peace in the same manner that the Department preserves the peace at the scene of civil process executions by the City Marshal. DESK OFFICER 8. Notify the desk officer of the police service area concerned if wanted individual resides in a housing development. NOTE Bail enforcement agents MUST appear at the precinct which covers the location that the wanted individual is to be apprehended. If a UMOS encounters a bail enforcement agent who did not notify this Department of the attempt to apprehend a wanted person into their custody, the uniformed member will immediately direct the agent to the desk officer of the precinct which covers the location where the wanted individual was or is to be apprehended. UNIFORMED MEMBER OF THE SERVICE ASSIGNED 9. NOTE Bail enforcement agents shall be responsible for the apprehension process. The primary duty of members of the service will be to preserve the peace and protect life and property. Absent unusual circumstances, it will be the responsibility of the agent to search, secure, and transport the wanted person back to the original jurisdiction. If weapons or other contraband are found on the wanted person, this Department will affect the arrest. However, in the interest of preventing unlawful detentions, members of the service should attempt to verify that the person apprehended is in fact the wanted person. If reasonable doubt exists, all parties should be returned to the precinct for investigation that should include a federal, state and local warrant check, and the results entered on the BAIL ENFORCEMENT AGENT NOTIFICATION OF SERVICE. Once it is determined that the individual is in fact the wanted person being sought by the bail enforcement agent(s), allow the agent(s) to transport the wanted person back to the original jurisdiction. ADDITIONAL DATA Bail bonding companies often subcontract the task of apprehending their clients to independent bail enforcement agents. New York law permits the surety to empower another to apprehend the defendant, provided that the surety provides written authority for the agent to do so, endorsed on a certified copy of the bail bond. New York Law also requires that such agent be over twenty years of age (see Criminal Procedure Law 530.80). Accompany bail enforcement agent to location, if directed. a. Notify radio dispatcher of assignment and location. Chapter 562 of the laws of New York State requires any person or company engaged in the business of bail enforcement in New York State to be properly licensed. The law shall apply to all bail enforcement businesses, whether based in or outside of New York State, that conduct business within New York State. Exceptions to this provision are New York State private investigators that are licensed separately. Under the law, a NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-71 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 licensed private investigator may perform the function of a bail enforcement agent. However, a bail enforcement agent may not perform the function of a private investigator, unless the individual is properly licensed. The licensing requirement of the new law applies to the bail enforcement business, not the individual agent/employee performing the bail enforcement function. For example, an individual bail enforcement agent that lives in Las Vegas, Nevada and performs bail enforcement in New York City does not need a license from New York State, so long as the bail enforcement business that employs him/her is licensed in New York State. However, the bail enforcement agent/employee is subject to the training and education requirements of the new law. In addition, a bail enforcement agent that is acting as a sub-contractor to a bail enforcement business, and is not a direct employee thereof, is required to be licensed in New York. Any person that falsely states or represents that he or she works for a licensed bail enforcement business shall be guilty of an unclassified misdemeanor [General Business Law, Section 81(1)]. Law enforcement officers engaged in their official duties are exempt from this law. The law states that a “representative of a local law enforcement agency may accompany a bail enforcement agent when the agent enters what is believed to be an occupied structure to search for or apprehend a person.” However, the provision authorizing law enforcement agents to accompany bail enforcement agents to search for or apprehend someone is not intended to in any way to expand the police powers beyond what is currently authorized by law, nor does it require a police officer to assist an agent in this manner. It must be emphasized that the Department’s role when accompanying a bail enforcement agent to the scene of a prospective apprehension is preservation of the public peace, in the same manner that the Department preserves the peace at the scene of civil process executions by the city marshal. This Department will NOT permit or give assistance to the bail enforcement agent to break and enter any dwelling for the purpose of seizing a defendant inside. The bail enforcement agent should be further informed that he/she is subject to arrest if he violates any laws in New York. Members of the service seeking additional guidance regarding bail enforcement agents will refer to Legal Bulletin “The Authority of Bail Bondsman” (Volume 21, Number 6, December 1991). Any further questions can be directed to the Legal Bureau. RELATED PROCEDURES Arrest By A Civilian (P.G. 208-04) Evictions, Repossessions And Other Civil Process (P.G. 214-13) FORMS AND REPORTS BAIL ENFORCEMENT AGENT NOTIFICATION OF SERVICE (PD609-120) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-72 OBTAINING PRISONER DNA SAMPLE IN COMPLIANCE WITH EXECUTIVE LAW 995 DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To obtain a DNA sample from certain identified prisoners. PROCEDURE When a prisoner is required to submit a DNA sample for inclusion in the State DNA databank: BOROUGH COURT SECTION RAP/WARRANT OFFICER 1. 2. 3. 4. BOROUGH COURT SECTION SUPERVISOR 5. 6. 7. Review all prisoner Rap Sheets and identify Rap Sheets with the banner heading “REQUIRED TO PROVIDE A DNA SAMPLE FOR INCLUSION IN THE STATE DNA DATABANK.” Stamp or write on front page of Rap Sheet “DNA SAMPLE REQUIRED” and notify assigned supervisor. Make entry in the DNA Sample Log, completing all appropriate captions. Ensure system generated DNA banner entry in OLPA (ON-LINE PRISONER ARRAIGNMENT) system indicating whether DNA is required or not required, is accurate. Certify the accuracy and completeness of entries in DNA Sample Log. Utilize the OLPA system to obtain the lodging location of the defendant and ensure that a DNA banner entry was made. Notify intake supervisor to assign a police officer to obtain a DNA sample, if prisoner is already lodged at the court section. DURING COURT SECTION INTAKE PROCESS 8. INTAKE OFFICER/ COURT SECTION MEMBER 9. Check the OLPA system to determine whether prisoner being lodged at borough court section is required to give a DNA sample. a. If OLPA DNA banner entry was not made, but a NYSID number is present in OLPA system, call rap/warrant post or query eJustice NY to ascertain whether DNA is owed. Notify intake supervisor if DNA sample is owed. INTAKE SUPERVISOR 10. Ensure that OLPA system is queried for all prisoners being lodged to identify prisoners owing DNA samples. a. Assign a uniformed member of the court section to obtain a DNA sample at the intake area. UNIFORMED MEMBER OF THE SERVICE ASSIGNED 11. Obtain DNA sample from prisoner utilizing the DNA Specimen Collection Kit and be guided by the instructions on the Instructions For NYS DNA Databank Convicted Offender DNA Collection Kit form. NOTE The NYS DNA Databank Convicted Offender DNA Collection Kit contains several items. One item is a 2x4 envelope with captions for the offender's name, NYSID #, and a barcode. If the name, NYSID #, or barcode is missing from the 2x4 envelope, the sample will not be accepted into the DNA databank and a new collection sample will be requested. Any illegible information may also create the need for a new sample collection. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-72 UNIFORMED MEMBER OF THE SERVICE ASSIGNED (continued) BOROUGH COURT SECTION SUPERVISOR REVISION NUMBER: PAGE: 08/01/13 12. 13. 14. 15. 16. 2 of 3 Update OLPA DNA banner entry to indicate that the DNA sample was obtained. Notify borough court section supervisor once DNA sample is obtained of results and time sample was obtained. Stamp or write “SAMPLE OBTAINED” on front page of Rap Sheet and initial. Make entry in the DNA Sample Log describing sample obtained and time sample was obtained. Process prisoner’s case and: a. Review completed DNA Specimen Collection Kit for accuracy and completeness b. Forward DNA Specimen Collection Kit as per instructions on Kit. IF PRISONER REFUSES TO SUBMIT A DNA SAMPLE UNIFORMED MEMBER OF THE SERVICE ASSIGNED 17. Notify intake supervisor of prisoner’s refusal to submit a DNA sample. INTAKE SUPERVISOR 18. Direct uniformed member of the court section to read Owe DNA Notification Sheet, as provided by the respective borough’s District Attorney’s Office. a. Direct uniformed member to obtain DNA sample, if prisoner consents to provide sample b. Direct uniformed member to re-arrest prisoner and charge prisoner with Obstructing Governmental Administration 2nd Degree, P.L. 195.05, if prisoner refuses to provide sample. NOTE This new arrest will be processed at the borough court section facility. UNIFORMED MEMBER, COURT SECTION 19. Process arrest within borough court section and comply with normal arrest processing procedures. BOROUGH COURT SECTION SUPERVISOR 20. Direct that an OLPA “RE-ARREST” informational activity entry be made indicating the prisoner’s refusal to submit a DNA sample at the court section. Write on top of Rap Sheet and all case jackets “REFUSED DNA SAMPLE.” Make entry regarding prisoner’s refusal in DNA Sample Log and include the new arrest number. Notify the District Attorney’s Complaint Room/ECAB supervisor of the prisoner’s refusal to submit a required DNA sample and of the additional arrest charge. 21. 22. 23. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-72 REVISION NUMBER: PAGE: 08/01/13 3 of 3 IF PRISONER INITIALLY REFUSES TO PROVIDE SAMPLE AND HAS BEEN RE-ARRESTED AND CHARGED WITH OBSTRUCTING GOVERNMENTAL ADMINISTRATION, BUT AT ARRAIGNMENT WISHES TO PROVIDE A DNA SAMPLE UNIFORMED MEMBER ASSIGNED TO COURTROOM POST 24. Notify court operations supervisor/platoon commander of prisoner’s willingness to provide DNA sample. COURT OPERATIONS SUPERVISOR/ PLATOON COMMANDER 25. Direct court section personnel officer to obtain a DNA sample utilizing a DNA Specimen Collection Kit and forward to borough court section supervisor for processing. ADDITIONAL DATA Once a sample has been obtained from a prisoner who has refused to submit DNA, and has been re-arrested and charged with Obstructing Governmental Administration, a supervisor will notify the District Attorney at arraignment. At any time during the arraignment process, any member that observes a Rap Sheet with the DNA banner “REQUIRED TO PROVIDE A DNA SAMPLE FOR INCLUSION IN THE STATE DNA DATABANK” that DOES NOT have an appropriate stamp/written entry, will bring this to the attention of a supervisor. If this occurs in the courtroom, the defendant’s arraignment will be delayed until the case can be reviewed by a supervisor. A banner reading “REQUIRED TO PROVIDE A DNA SAMPLE FOR INCLUSION IN THE STATE DNA DATABANK” will be removed from a Rap Sheet one month after DNA samples have reached the State Police Laboratory. If prisoner is re-arrested before the month has passed, members of the service concerned can verify a sample was obtained by contacting the New York State Division of Criminal Justice Services Office of Forensic Services or the Department’s Criminal Justice Bureau. FORMS AND REPORTS Instructions For NYS DNA Databank Convicted Offender DNA Collection Kit Owe DNA Notification Sheet RELATED PROCEDURES Exposure of Members of The Service To Infectious Disease or Hazardous Materials (P.G. 205-10) Communicable Disease (P.G. 216-11) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-74 ARREST PROCESSING OF PERSONS WANTED FOR MULTIPLE INCIDENTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To ensure the processing of arrests associated with persons who may be responsible for additional criminal incidents by preparing separate ON LINE BOOKING SYSTEM ARREST WORKSHEETS (PD244-159) and LIVESCAN prints for each of the incident(s). PROCEDURE When it has been determined that an individual in custody may be responsible for additional criminal incidents recorded within ANY command, the following procedure will apply: ARRESTING OFFICER 1. 2. 3. DETECTIVE BUREAU MEMBER 4. 5. 6. 7. 8. Confer with detective squad member and determine additional charges. Inform desk officer of additional criminal incidents for which charges will be preferred. Process the initial arrest in accordance with P.G. 208-03, “Arrest General Processing.” Conduct an investigation to determine additional criminal incidents, if any, which were committed by the perpetrator. Notify detective squad supervisor and inform him/her of relevant facts. Determine charges for which the perpetrator will be prosecuted. Process additional ON LINE BOOKING SYSTEM ARREST WORKSHEETS and print via LIVESCAN for each separate criminal incident. Notify the respective borough Court Section concerned of all arrest numbers associated with the individual(s) in custody. NOTE In those instances where a patrol unit has made the initial arrest, and additional criminal incidents have been identified whereby charges will be preferred, the patrol unit will process the initial arrest, and the Detective Bureau member concerned will process each additional arrest(s). It is the responsibility of a Detective Bureau supervisor to oversee this process if additional arrests concern the same command or a Detective Bureau Zone Commander if multiple commands are involved. (See “ADDITIONAL DATA” statement.) DETECTIVE SQUAD SUPERVISOR/ COVERING SUPERVISOR 9. 10. 11. 12. 13. Verify each criminal incident for which charges will be preferred. Coordinate the arrest process and ensure that separate ON LINE BOOKING SYSTEM ARREST WORKSHEETS and LIVESCAN prints are prepared for each criminal incident. Coordinate and supervise lineups, if conducted, in accordance with P.G. 208-24, “Identification Lineups/Showups.” Notify Detective Bureau supervisor/covering supervisor of command concerned should it be suspected the perpetrator is wanted for additional criminal incidents within other commands. Notify Detective Squad Zone Commander should additional criminal incidents for which charges will be preferred involve outside commands NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-74 REVISION NUMBER: PAGE: 08/01/13 2 of 3 NOTE This includes specialty squads such as Special Victims, Special Investigations, Borough Robbery and/or Transit Squads, etc. DETECTIVE SQUAD SUPERVISOR/ COVERING SUPERVISOR (continued) 14. NOTE When is has been determined that an individual will be processed for crimes having occurred in more than one command, the prisoner will remain at the initial command of arrest, and concerned Detective Bureau commands will respond, if need be, to conduct an investigation. Members are reminded that ON LINE BOOKING SYSTEM ARREST WORKSHEETS may be prepared at any command regardless of the prisoner’s location. All LIVESCAN prints will be processed at the command wherein the prisoner is located. The transporting of a prisoner should be kept to a minimum. Detective squad supervisors will be responsible to ensure coordination and efficiency. 15. DETECTIVE SQUAD ZONE COMMANDER/ 16. COVERING DETECTIVE DUTY CAPTAIN ADDITIONAL DATA Ensure that notification is made to respective borough Court Section concerned of all arrest numbers associated with the individual(s) in custody. Confer with counterparts should criminal incidents for which arrest will be processed involve another zone or specialty squad. Ensure coordination between multiple commands in processing additional arrests. COURT ORDERS TO PRODUCE In those instances where a post-arraignment/in-custody/defendant is wanted for additional crime, it is the responsibility of the investigator obtaining such take out order to confer with the Assistant District Attorney and, if need be, coordinate with respective Detective Bureau commands to process additional arrest. IDENTIFIED PERPETRATORS When an individual has been identified for a past crime by an investigative entity, and an apprehension is made by a patrol unit based solely on such identification, the arrest will be processed by the concerned Detective Bureau command. However, should the same person be apprehended as a “live-arrest”, the first arrest will be processed by the patrol unit, and additional arrests will be processed by the concerned investigative unit. CROSSING BOROUGH BOUNDARIES When it has been determined that an individual in custody is wanted for crime(s) having occurred in another geographical borough a notification will be made to the concerned detective squad and the overhead Detective Borough/Division Command concerned. It will be the responsibility of the concerned investigative unit to monitor the custody status of the prisoner so as to coordinate an arrest prior to the prisoner’s release. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-74 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 PERPETRATOR LINKED TO CRIMES INVESTIGATED BY BOROUGH ROBBERY OR TRANSIT SQUADS In addition to any summary arrest made by patrol or a detective squad, and where it has been determined that an individual is part of an established Borough/Citywide Robbery pattern, or is linked to crimes having occurred in Transit, the respective Borough Robbery Squad or Transit Squad will be notified and act in accordance with this procedure. A notification will be made to the concerned Detective Bureau Major Crimes/Detective Zone Commander/Detective Duty Captain concerned. ADDITIONAL DATA (continued) PERPETRATOR LINKED TO SPECIAL INVESTIGATIONS DIVISION OR SPECIAL VICTIMS DIVISION INVESTIGATIONS In addition to any summary arrest made by patrol or a detective squad, and where it has been determined that an individual is linked to crimes being investigated by the Special Investigation Division or the Special Victims Division, notifications will be made to the Detective Bureau Duty Captain and the Chief of Detectives. The Chief of Detectives in turn will notify the respective investigative unit. RELATED PROCEDURES Arrest - General Processing (P.G. 208-03) Arrest Report Supplement (P.G. 208-13) Arrest Report Preparation at Stationhouse (P.G. 208-15) Identification Lineups/Showups (P.G. 208-24) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-75 ENHANCEMENT OF OFFENSES INVOLVING FIREARMS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To conduct a thorough investigation in an effort to reduce violent crime and identify offenders engaged in the possession, sale, illegal “straw” purchase, trafficking and distribution of firearms. In addition, enhanced investigations into offenses relating to firearms will potentially result in presenting a stronger case for prosecution to the District Attorney. DEFINITION STRAW PURCHASE - A purchase of a firearm by a person who has a license/permit and illegally purchases the firearm from a federally licensed firearm dealer for another person. This includes the purchase for unlicensed sellers, criminal users, juveniles, and other prohibited possessors who may include friends, associates, relatives, or gang members. PROCEDURE When a member of the service affects an arrest involving the use of a firearm or comes into possession of a firearm under circumstances that require an investigation, in addition to other required actions: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. DESK OFFICER 5. 6. Notify the Desk Officer of an arrest involving a firearm or the recovery of a firearm that requires an investigation. DO NOT touch, move, or disturb any firearm and/or firearm related evidence that may become part of a crime scene except when absolutely necessary, (e.g., large crowd gathering, hindering aid to a victim etc.). Process recovered firearm in accordance with Patrol Guide 218-23, “Processing Firearms and Firearm-Related Evidence.” Deliver firearm(s) and firearm related evidence to the Desk Officer, command of occurrence. Ensure that firearm(s) and firearm related evidence is properly marked, packaged and sealed. Notify the Precinct Detective Squad/Bureau Detective Squad concerned immediately of the need to enhance the arrest involving a firearm(s) or the need to conduct an enhanced firearm investigation. ASSIGNED DETECTIVE / PRECINCT DETECTIVE SQUAD/ DETECTIVE BUREAU UNIT 7. Initiate a case upon notification of an investigation concerning a firearm or firearm related offense. This includes summary arrests affected by patrol personnel. a. Conduct a full investigation into the possession, sale or distribution of the firearm(s). NOTE Detective Borough Bronx and Detective Borough Brooklyn will continue gun enhancements with the Trigger Lock program, but will utilize the new format. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-75 REVISION NUMBER: PAGE: 08/01/13 2 of 4 ASSIGNED DETECTIVE / PRECINCT DETECTIVE SQUAD/ DETECTIVE BUREAU UNIT (continued) 8. NOTE When investigation reveals that more than one supplier and/or transporter of firearms exists, additional FIREARM INFORMATION WORKSHEETS will be prepared. 9. 10. NOTE Complete a GUN ENHANCEMENT CHECKLIST (PD324-060) form and a FIREARM INFORMATION WORKSHEET (PD324-152) in all gun enhancement cases and include in case folder along with a photo of the defendant and the firearm(s). a. A separate FIREARM INFORMATION WORKSHEET will be completed for each individual arrested. b. The photo of the defendant should be a full-length body photo. If available, clothing used during the commission of the crime should be worn by the defendant for the photo. Where appropriate, clothing items used to conceal the weapon should also be invoiced and preserved as evidence. c. To aid in the debriefing process, the initial investigative steps (e.g. computer inquiries) listed on the GUN ENHANCEMENT CHECKLIST form should be conducted prior to questioning the defendant(s). Photograph and invoice items, other than clothing, used to conceal weapon(s) (e.g., book bags, briefcase, suitcase, etc.). Secure cell phone/pager information from the defendant, if appropriate. The assigned detective will interview all witnesses, complainants, and police officers and ensure that the interviews are recorded on a COMPLAINT FOLLOW-UP (PD313081) or COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A), as appropriate. The arresting officer, when possible, should be present with the case detective during all interviews of complainants, witnesses and defendants in order that he/she may testify to any statements during the prosecution phase and reduce the need for the detective to appear in court. Members assigned to Nightwatch will conduct a full investigation and debriefing of all firearms arrests affected between the hours of 0100 and 0600 hours, with a follow-up conducted by the precinct detective squad/bureau detective squad concerned. If, for documented reasons, Nightwatch cannot respond, the Detective Bureau Nightwatch supervisor will immediately notify the Detective Bureau Duty Captain, who will decide who will conduct the gun enhancement case. If Nightwatch is unable to respond and the arrest has already been processed by the precinct concerned, the detective squad supervisor will call the Borough Court Section supervisor to ascertain if the defendant has been arraigned, or if legal counsel has been appointed. If the defendant has not been arraigned, nor legal counsel appointed to the defendant, then a request will be made to hold the defendant so a debriefing can be conducted. The detective squad supervisor will direct a detective to respond to the Borough Court Section concerned to conduct the investigation. ASSIGNED DETECTIVE 11. 12. Close the case as an enhancement (B8) if no information is developed relative to the source of the weapon or other criminality. Notify the Commanding Officer of the Precinct Detective Squad or Detective Bureau Unit when information of a positive nature relative to the source of the weapon is obtained. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-75 14. 15. 16. COMMANDING 17. OFFICER, 18. PRECINCT DETECTIVE SQUAD/ DETECTIVE BUREAU UNIT ADDITIONAL DATA PAGE: 08/01/13 COMMANDING 13. OFFICER PRECINCT DETECTIVE SQUAD/ DETECTIVE BUREAU UNIT ASSIGNED DETECTIVE REVISION NUMBER: 3 of 4 Notify the Commanding Officer, Joint Firearms Task Force, when information of a positive nature is developed relative to the source of the weapon. The criteria for referral to the Joint Firearms Task Force is as follows: a. A FINEST inquiry reveals that the weapon was stolen from a Federal Firearms Licensee or during transport to a Federal Firearms Licensee. b. An inquiry through the Bureau of Alcohol, Tobacco and Firearms (BATF) twenty four hour gun center reveals the weapon was part of a multiple sale or was designated as an ATF suspect gun. c. When preliminary investigation clearly reveals a definitive nexus to interstate trafficking (i.e. receipts from gun store, out-of-state driver’s license and/or auto, numerous brand new guns in boxes, or military personnel are involved.) Notify the Commanding Officer, O.C.C.B. Firearms Investigation Unit, in all other instances, or if unable to notify the Joint Firearms Task Force. Refer the case (B5) to the O.C.C.B. Firearms Investigation Unit or the Joint Firearms Task Force as appropriate, if the Commanding Officer, O.C.C.B. Firearms Investigation Unit or the Commanding Officer, Joint Firearms Task Force deems the information to be of a positive credible nature and recommends an investigation be commenced. Close the case as an enhancement (B8) if neither the Commanding Officer, O.C.C.B. Firearms Investigation Unit nor the Commanding Officer, Joint Firearms Task Force deems the information to be of a positive nature. Review COMPLAINT REPORTS (PD313-152) on a daily basis to ensure that all arrests involving firearms are properly investigated. Generate a monthly report listing the number of gun enhancement cases and the results. a. Forward monthly report, through channels, to the Commanding Officer, Central Investigations and Resource Division by the 15th of each month. The Organized Crime Control Bureau and other Department investigative units will open their own gun enhancement cases when a firearm comes to their attention during an investigation. These commands will also ensure that their members immediately notify the precinct detective squads concerned regarding the circumstances of the arrest and the identity of the defendant. This will ensure that the local precinct that may be looking for information on other crimes committed by the defendant is made aware of the arrest. In addition, a copy of the completed case enhancement folder should be forwarded to the detective squad concerned. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 208-75 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 RELATED PROCEDURE Processing Firearms and Firearm-Related Evidence (P.G. 218-23) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) GUN ENHANCEMENT CHECKLIST (PD324-060) FIREARM INFORMATION WORKSHEET (PD324-152) NEW YORK CITY POLICE DEPARTMENT 4 of 4 PATROL GUIDE Section: Arrests Procedure No: 208-76 NEW YORK CITY HOUSING AUTHORITY TRESPASS NOTICE PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To improve the safety and quality of life for residents of public housing by providing notice of the exclusion of, or the limitation of, an individual’s permission and/or authority to enter or remain upon premises and properties of the New York City Housing Authority (NYCHA) as a result of certain arrests. SCOPE This procedure has been developed as part of an ongoing effort to reduce crime within New York City Housing Authority developments. Under this procedure, persons arrested “On-Development,” as defined below, will be excluded from entering New York City Housing Authority Property. Those excluded persons who are found to have violated the terms of the NEW YORK CITY HOUSING AUTHORITY TRESPASS NOTICE (PD672-120) will be arrested and charged with trespass as outlined in Patrol Guide procedure 208-77, “Processing Arrests Made Pursuant to the New York City Housing Authority Trespass Notice Program.” Members must also be aware that the trespass offense must occur on “NYCHA Property” which differs from “On-Development.” See Patrol Guide procedure 208-77, “Processing Arrests Made Pursuant to the New York City Housing Authority Trespass Notice Program” for a definition of “NYCHA Property.” DEFINITIONS ON-DEVELOPMENT – An arrest for felony sale of a controlled substance or felony sale of marijuana will be subject to this process if it occurs on: a. All New York City Housing Authority buildings, apartments, managers’ offices, maintenance areas, storage areas, etc. b. All walkways, grounds, parking areas and development driveways located within New York City Housing Authority developments. c. Stores, laundries, community centers, childcare centers, senior citizen centers, health stations, etc., which operate within New York City Housing Authority buildings. d. From the center line of streets which are contiguous to New York City Housing Authority grounds inward toward New York City Housing Authority buildings. e. Entire city streets where Housing Authority developments are located on both sides of the street. For those city streets where Housing Authority developments are immediately adjacent to privately owned residences, commercial establishments, etc., then only the length of the Housing Authority development, from the center line of the street to the Housing Authority development building line, will be considered an ondevelopment enforcement incident. f. New York City Parks Department areas and playgrounds within or immediately adjacent to New York City Housing Authority grounds. g. New York City Department of Education playgrounds within or immediately adjacent to New York City Housing Authority grounds. h. Piers or bulkheads immediately adjacent to New York City Housing Authority grounds. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-76 REVISION NUMBER: PAGE: 08/01/13 2 of 4 NOTE Housing development residents arrested under this program will be excluded from all NYCHA properties and premises, other than their resident apartment and related common areas within their resident development. (See Patrol Guide procedure 208-77, “Processing Arrests Made Pursuant to the New York City Housing Authority Trespass Notice Program”). DEFINITIONS (continued) NYCHA TRESPASS DATABASE – A database maintained by the New York City Housing Authority and accessible to members of the New York City Police Department which identifies arrestees served with TRESPASS NOTICES under this program. This database is accessible from all Department LAN terminals, and contains current information regarding exclusions, conditions (if any), and the status of appeals to these exclusions. PROCEDURE Whenever a member of the service effects the arrest of an individual at least sixteen years of age for felony sale of a controlled substance or for felony sale of marijuana committed “On-Development,” as defined above, that member will, in addition to appropriate arrest related procedures: ARRESTING OFFICER 1. NOTE If the only basis for a felony criminal sale of marijuana arrest is that portion of Penal Law 221.50, which states “knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana to a person less than eighteen years of age,” the arrestee WILL NOT be served with a TRESPASS NOTICE. 2. NOTE Comply with P.G. 208-03, “Arrests – General Processing” and, in addition, prepare a NYCHA TRESPASS NOTICE and serve NOTICE on arrestee. a. A new TRESPASS NOTICE will be served on an arrestee each time he/she is arrested for felony sale. Complete all captions, sign and date as indicated on the TRESPASS NOTICE. a. If the individual claims to reside on NYCHA property, verify that the address given is NYCHA property. Addresses can be verified by contacting the desk officer of any PSA or the Housing Bureau Wheel. Each PSA will maintain a current NYCHA property directory at the desk. 3. 4. 5. 6. Telephone the Housing Bureau Wheel to obtain a Trespass Notice log number. Enter Trespass Notice log number on the original TRESPASS NOTICE. Request the defendant sign and date the original TRESPASS NOTICE to acknowledge receipt. a. If the defendant refuses to sign the TRESPASS NOTICE, arresting officer will enter REFUSED in the defendant’s signature space, initial and date. Make five copies of the signed TRESPASS NOTICE and serve a copy on the arrestee. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-76 ARRESTING OFFICER (continued) REVISION NUMBER: PAGE: 08/01/13 7. 8. 9. 10. DESK OFFICER 11. 12. 13. 14. 3 of 4 Fax a copy of the signed TRESPASS NOTICE to the Housing Bureau Wheel. Telephone the Housing Bureau Wheel to confirm receipt of the fax. Prepare a “Trespass Notice Package” and ensure all of the following documents are included in the package: a. The original signed copy of the TRESPASS NOTICE b. Copy of computer generated ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) c. Copy of computer generated COMPLAINT REPORT (PD313152) d. Copy of PROPERTY CLERK INVOICE (PD521-141) e. Copy of REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168), when prepared f. Copy of Search Warrant (not the application for a search warrant), when applicable. Deliver the NYCHA Trespass Notice package and four copies of the TRESPASS NOTICE to the desk officer PSA/precinct of arrest. Review completeness and accuracy of all documents included in the package. Enter Trespass Notice log number in the Command Log with the original arrest entry. Forward completed NYCHA Trespass Notice package via Department mail to the Housing Bureau Special Operations Section, 2768 Frederick Douglas Blvd, Room H-507, New York, New York, 10013, Attention: NYPD Trespass Program Liaison. Distribute four copies of TRESPASS NOTICE as follows: a. PSA of occurrence - to be maintained chronologically, in a binder at the desk for future reference. (For Housing locations not covered by a Police Service Area, file at desk of precinct covering such Housing location) b. District Attorney, with arrest package c. Precinct of occurrence d. Arresting officer NOTE If the arresting officer is not assigned to the Housing Bureau, a copy of the TRESPASS NOTICE will be sent to the PSA of occurrence. NYPD TRESPASS PROGRAM LIAISON 15. 16. 17. 18. Enter all required information on excluded individuals into the NYCHA Trespass Database and confirm Trespass Notice log number. Forward the Trespass Notice package to the NYCHA Trespass Coordinator. Coordinate all related activities with the NYCHA Trespass Coordinator. If Case for Legal Action is appropriate, comply with P.G. 214-07, “Cases for Legal Action Program.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-76 REVISION NUMBER: PAGE: 08/01/13 4 of 4 POLICE SERVICE AREA CRIME ANALYSIS UNIT 19. NOTE For Housing locations not covered by a Police Service Area the precinct crime analysis unit will perform steps 19 through 22. 20. 21. 22. Query, on a daily basis, the “BADS” system to identify all arrests eligible for a TRESPASS NOTICE. Contact the Housing Bureau wheel to verify that a TRESPASS NOTICE has been issued for each eligible arrest found in BADS. Record Trespass Log number on BADS printout and file chronologically. Notify commanding officer when arresting officer fails to prepare a completed NYCHA TRESPASS NOTICE. COMMANDING 23. OFFICER Confer with commanding officer concerned regarding non-compliance. COMMANDING 24. OFFICER CONCERNED Refer non-compliance incidents to integrity control officer. INTEGRITY CONTROL OFFICER 25. 26. 27. Investigate all incidents of non-compliance. Initiate disciplinary action as appropriate. If warranted, ensure that a TRESPASS NOTICE is issued by arresting officer and remaining steps of this procedure are complied with. a. TRESPASS NOTICE must be personally served on arrestee. ADDITIONAL DATA Responsibility for the verification of tenancy, and subsequent modifications to exclusions, rests with the Housing Authority. Anytime a uniformed member of the service takes enforcement action, e.g. arrest or summons, against a person on NYCHA property, member is required to query the NYCHA Trespass Database to determine if person is in violation of a TRESPASS NOTICE. (See Patrol Guide procedure 208-77, “Processing Arrests Made Pursuant to the New York City Housing Authority Trespass Notice Program”). RELATED PROCEDURES Recording Enforcement Incidents (P.G. 207-33) Arrest – Removal to Department Facility for Processing (P.G. 208-02) Arrests – General Processing ( P.G. 208-03) Interior Vertical Patrol of Housing Authority Buildings (P.G. 212-60) Stop and Frisk (P.G. 212-11) Cases for Legal Action Program (P.G. 214-07) Processing Arrests Made Pursuant to the NYCHA Trespass Notice Program (P.G. 208-77) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-161) NYCHA TRESPASS NOTICE (PD672-120) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Arrests Procedure No: 208-77 PROCESSING ARRESTS MADE PURSUANT TO THE NEW YORK CITY HOUSING AUTHORITY TRESPASS NOTICE PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To effect an arrest of a person observed on “NYCHA Property,” as defined below, in violation of the New York City Housing Authority Trespass Notice Program. SCOPE This program is part of a series of efforts to reduce crime within New York City Housing Authority Developments. Whenever a uniformed member of the service takes enforcement action, e.g. arrest or summons, on “NYCHA Property,” that member is required to query the NYCHA Trespass Database to determine if that person is in violation of a NEW YORK CITY HOUSING AUTHORITY TRESPASS NOTICE (PD672-120) and thereby excluded from “NYCHA Property.” This database is accessible from all Department LAN terminals. This information is also available through the WNAM system, which can be accessed via warrant checks conducted through Citywide I and Citywide II radio. It is extremely important that members are aware of the difference in the definitions of “On-Development” as contained in Patrol Guide procedure 208-76, “New York City Housing Authority Trespass Notice Program,” and the definition of “NYCHA Property” as defined below. By querying the database, members can determine the current status of the exclusion and the conditions of the exclusion, if any. In extenuating circumstances, the Housing Authority may authorize an excluded individual to enter a specific Housing location in response to an emergency. Upon granting permission, the Housing Authority will telephone the information to the desk officer, police service area/precinct concerned. Individuals identified under this program are excluded from entering any NYCHA property within the city or, if a NYCHA resident, are excluded from entering any NYCHA property other than their own apartment and the common areas within their resident development. Excluded individuals may appeal an exclusion to the New York City Housing Authority. Grounds for appeal may include, but are not limited to, non-processed arrests, dismissed cases, or a not guilty verdict in the originating charge(s). DEFINITIONS NYCHA TRESPASS NOTICE PROGRAM – a program where individuals arrested for felony sale of a controlled substance and/or felony sale of marijuana “On-Development” as defined in Patrol Guide procedure 208-76, “New York City Housing Authority Trespass Notice Program,” are served with a NYCHA TRESPASS NOTICE (PD672-120). Said individuals are therefore excluded from all NYCHA Property as described below. NYCHA PROPERTY – for the purposes of this procedure include: a. All New York City Housing Authority buildings, apartments, manager’s offices, maintenance areas, storage rooms, etc. b. All walkways, grounds, parking areas and development driveways located within New York City Housing Authority developments. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-77 DEFINITIONS (continued) REVISION NUMBER: PAGE: 08/01/13 c. 2 of 3 Laundries, community centers, childcare centers, senior citizen centers, etc. which operate within New York City Housing Authority buildings. RESIDENCE EXCEPTION – residents of housing developments excluded under this program are excluded from all NYCHA property other than their resident apartment at the address provided on the TRESPASS NOTICE and the common areas within their resident development. COMMON AREAS – All areas on NYCHA Property to which all tenants are authorized to have access in connection with their tenancies other than their own apartments. These include management and other business offices, community, child care, and senior citizen centers, laundry rooms, playgrounds, sidewalks, walkways, and parking lots within their resident developments. PROCEDURE Whenever a uniformed member of the service takes enforcement action against a person on NYCHA property as described above: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Members of the service can also query the WNAM system via warrant checks conducted through Citywide I and Citywide II radio. However, members are advised that a radio code response of “10-19H” DOES NOT indicate that a subject is wanted. Radio code “10-19H” is intended solely to inform the member that the subject may have been previously issued a TRESPASS NOTICE and may be subject to arrest only if found on “NYCHA Property” as defined in this procedure. Comply with all applicable Department procedures, and in addition, query the NYCHA Trespass Database either through WNAM or by contacting the precinct/PSA desk. a. If a person is in violation of the terms of the TRESPASS NOTICE, (either as the primary or additional charge) effect arrest, remove to precinct/Police Service Area and process arrest. NYCHA residents and non-residents should not be arrested for trespass under this program if they are encountered on “NYCHA Property” and they are at, enroute to, or leaving from police facilities, parole offices, medical facilities, or stores, as long as they have utilized a direct route between the location and the nearest city street. 2. Charge arrestee as follows: a. P.L. 140.15, Criminal Trespass, 2nd Degree, “A” Misdemeanor, if individual was within a residential building on NYCHA Property. b. P.L. 140.10, Criminal Trespass 3rd Degree “B” Misdemeanor if individual was within a non-residential building on NYCHA Property. c. P.L. 140.05, Trespass, Violation, if individual was outside of a building on NYCHA Property. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 208-77 REVISION NUMBER: PAGE: 08/01/13 3 of 3 NOTE INDIVIDUALS CHARGED WITH TRESPASS OR CRIMINAL TRESPASS UNDER THIS PROGRAM WILL BE ARRESTED AND WILL NOT BE ELIGIBLE FOR A SUMMONS OR A DESK APPEARANCE TICKET. UNIFORMED MEMBER OF THE SERVICE (continued) 3. 4. 5. DESK OFFICER 6. PSA/PRECINCT 7. OF ARREST 8. 9. NYPD TRESPASS PROGRAM LIAISON 10. 11. Prepare a package of the following documents: a. Generate a Trespass Notice Report from the NYCHA Trespass Database and include with arrest paperwork. b. Include a copy of the TRESPASS NOTICE which was violated by the arrestee, if available, with arrest paperwork. Telephone Housing Bureau Wheel with details of arrest. Deliver all paperwork to desk officer for review. Examine all forms to ensure completeness and accuracy. Make a Command Log entry indicating that notification to Housing Bureau Wheel has been made including name of member of the service notified. Forward copies, via Department mail, of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) and the Trespass Notice Report to the Housing Bureau Special Operations Section at 2768 Frederick Douglas Blvd., Room H-507, New York, New York, 10013 Attention: NYPD Trespass Program Liaison. Enter all required information regarding trespass arrests into the NYCHA Trespass Database. Forward a copy of the appropriate paperwork to the NYCHA Trespass Coordinator. Ensure that a Case for Legal Action is initiated, as directed in P.G. 21407, “Cases for Legal Action Program,” if appropriate. RELATED PROCEDURES Recording Enforcement Incidents (P.G. 207-33) Arrest – Removal to Department Facility for Processing (P.G. 208-02) Interior Vertical Patrol of Housing Authority Buildings (P.G. 212-60) Stop and Frisk (P.G. 212-11) Cases for Legal Action Program (P.G. 214-07) New York City Housing Authority Trespass Notice Program (P.G. 208-76) FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) NYCHA TRESPASS NOTICE (PD672-120) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-01 CONDITIONS OF SERVICE DATE ISSUED: DATE EFFECTIVE: 08/19/13 REVISION NUMBER: PAGE: 08/19/13 1 of 2 PURPOSE To inform uniformed members of the service of various sections of law under which summonses/notices of violations may be served. PROCEDURE A uniformed member of the service is authorized to issue a summons/notice of violation instead of arresting the violator, when the violator is 16 years old or more (except when violator is unable to care for self due to illness, injury, intoxication, or any other circumstance which would preclude the issuance of a summons/notice of violation), for the following: 1. ANY MISDEMEANOR OR VIOLATION LISTED IN THE: Agriculture and Markets Law, concerning animals General Business Law Labor Law Multiple Dwelling Law Workers Compensation Law New York State Tax Law, Article 21, Section 289, (Highway Use Tax) Alcoholic Beverage Control Law (Sections 64B, 65, 100, 101, 101a, 101b, 103, 104, 104a, 105, 105a, 106, 108, 114, 116 and 117) Navigation Law (Sections 33, 40, 41, 43, 44, 45, 47, 70, 71, and 73) Vehicle And Traffic Law, except: Section 600 Leaving Scene Of Personal Injury Collision Section 380 Motor Vehicle Transporting Dangerous Articles Section 392 False Statement, Alteration Of Records Or Substitution In Connection With Examination Section 392a Sale Of False License, Certificate Of Registration Or Number Plate Section 421 Sale Of Motor Vehicle Or Motorcycle With Changed Identification Number NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-01 PAGE: 08/19/13 PROCEDURE (continued) NOTE REVISION NUMBER: 2 of 2 Section 422 Wrongful Possession Of Motor Vehicle Or Motorcycle With Changed Identification Number Section 423 Peace Officer’s Duties Re: Stolen Motor Vehicles And Motorcycles With Changed Identification Number Section 426 False Statement, Sale or Transfer Of Stolen Motor Vehicle or Motorcycle Section 1192 Operating Motor Vehicle Or Motorcycle While In Intoxicated Condition Or Ability Is Impaired By Use Of Drugs Or Alcohol. New York City Charter New York City Administrative Code (except Section D46-18.0 Cigarette Tax) New York City Health Code New York City Traffic Regulations (except Section 148) New York Code Of Regulations - Part 1050 For any misdemeanor or violation listed in any provisions of any code, rule, regulation or order enacted by any bureau, authority, agency or commissions affecting facilities located in the City of New York. Members of the service shall NOT ordinarily issue summonses for local license plate cover violations (Section 402 of the New York State Vehicle and Traffic Law/Code 74 of the New York City Traffic Rules) to vehicles bearing out-of-state license plates. Such a summons should be issued only if the member of the service is aware that the controlling law in the motorist’s home state also prohibits license plate covers. 2. ALL PENAL LAW VIOLATIONS, EXCEPT: Section 100 Criminal Solicitation Section 215.58 Failure To Respond To Appearance Ticket Section 240.40 Appearance In Public Under The Influence Of Narcotics Or A Drug Other Than Alcohol NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-02 SUMMONSES AND NOTICES OF VIOLATION RETURNABLE AGENCIES DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 1 To inform uniformed members of the service of agencies having jurisdiction over different summonsable offenses. PURPOSE OFFENSES PROCESSED AGENCY Stopping, Standing and Parking offenses N.Y.C. Department of Finance, Parking Violations Operations. Traffic infractions other than Stopping, Standing and Parking (including traffic infractions committed by bicyclists) N.Y.S. Department of Motor Vehicles, Traffic Violations Bureau. Pedestrian offenses and traffic misdemeanors N.Y.C. Criminal Court Garages and parking lots N.Y.C. Criminal Court All other summonsable offenses, except violations of Environmental Control Board and Transit Adjudication Bureau N.Y.C. Criminal Court Food Vendor Regulations General Vendor Regulations Health Code Violations Public Health Law (Canine Waste) Noise Code Provisions Sanitation Provisions Air Code Provisions Graffiti Law Violations Environmental Control Board NOTE Specific sections of law for which a Notice of Violation and Hearing may be issued are listed on COMMON SUMMONSABLE OFFENSES (PD160-102). RELATED PROCEDURES Conditions of Service (P.G. 209-01) Personal Service Of A Summons Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) FORMS AND REPORTS COMMON SUMMONSABLE OFFENSES (PD160-102) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-04 SUMMONS RETURN DATE AND TIME DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To ensure that correct information concerning time, date and location of court is given to respondent in various summons cases. PROCEDURE When issuing a summons, a uniformed member of the service will: UNIFORMED MEMBER OF THE SERVICE 1. Make summons returnable as follows: CRIMINAL COURT a. As per FINEST Message transmitted daily. b. Enter address of borough Criminal Court in appropriate caption of the summons. c. Enter room number in box captioned “Summons Part.” TRAFFIC VIOLATIONS BUREAU a. Advise motorist to answer summons in accordance with the instructions printed on the summons. TRANSIT ADJUDICATION BUREAU a. Make return date twenty-eight calendar days from date of issuance, unless return date falls on weekend, regular day off or holiday. If return date falls on weekend, regular day off or holiday, make returnable on next business day thereafter. PARKING VIOLATIONS a. Do not enter time or date returnable for summonses returnable to Parking Violations. (Information for violator is printed on the summons). ENVIRONMENTAL CONTROL BOARD a. Comply with applicable provisions of P.G. 209-12, Environmental Control Board Notice of Violation and Hearing General Procedure. b. When property of a food or general vendor has been seized, the return date will be scheduled for twenty-one calendar days after date of issuance unless such date falls on weekend or holiday. In such case schedule “Notice of Violation and Hearing” for next business day. NOTE If respondent in Environmental Control Board case pleads “Not Guilty,” the roll call clerk will be notified by borough Court Section personnel and the member concerned will be put on Court Alert. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-06 QUALITY CONTROL PROCEDURES FOR THE PROCESSING OF SUMMONSES RETURNABLE TO CRIMINAL COURT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To establish quality control procedures for the processing of summonses returnable to Criminal Court and for processing improperly prepared summonses returned to this Department for corrective action. PROCEDURE To process Criminal Court summonses: OPERATIONS UNIT 1. Transmit daily, the return date for Criminal Court summonses issued, and the color of the day via the FINEST system. DESK OFFICER/ COUNTERPART 2. 3. Announce summons return date and color of the day at roll call. Advise communications dispatcher of summons return date along with the “Rundown” at the onset of tour. Do NOT forward any summons returnable to Criminal Court if improperly prepared. Process improperly prepared summonses as follows: a. Invalid return date listed – void summons in accordance with P.G. 209-18, “Summonses Served or Prepared in Error.” b. Criminal Court “Information” section is left blank or unsigned, or summons written for marijuana offense is not accompanied by MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (PD381-145) – place in a separate envelope marked “Training Sergeant” and forward direct to the command’s training sergeant. c. Summons issued for Penal Law Section 240.35, “Loitering” subsections 1, 3 or 7 – place in a separate envelope marked “Operations Coordinator” and forward direct to the command’s operations coordinator. 4. 5. NOTE MEMBERS WILL NOT MAKE ANY MODIFICATIONS TO SUMMONSES OTHER THAN CORRECTING THE ERRORS LISTED ABOVE. Under no circumstances will a modification be made to a summons that will result in the court or agency copies having different information than the defendant’s copy. ALL SUMMONSES MUST BE CORRECTED AND RETURNED BY THE FOLLOWING BUSINESS DAY. CRIMINAL JUSTICE BUREAU MESSENGER 6. 7. 8. Report to Manhattan Criminal Court, 346 Broadway, 2nd floor, by 1000 hours, on days when court is in session. Obtain summonses that the court has designated for return to this Department. Deliver summonses to bureau of issuing member. (Detective Bureau, Transit Bureau, Chief of Transportation, Patrol Services Bureau, Housing Bureau and Organized Crime Control Bureau). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-06 REVISION NUMBER: PAGE: 08/01/13 13. Record the following information for each summons returned: a. Summons number b. Name of issuing member c. Command of issuing member d. Type of error e. Date of issuance f. Date received at bureau g. Date forwarded for correction h. Final disposition (date returned to court, date voided) Separate summonses according to category of error as follows: a. Improper return date - to be forwarded to issuing member’s command for voiding as per P.G. 209-18, “Summonses Served or Prepared in Error” b. Criminal Court “Information” incomplete or unsigned - forward to command of issuing member for correction by member. Prepare a transmittal sheet for each command that will be receiving improperly prepared summonses within the bureau. a. Transmittal sheet will list each summons forwarded. Forward summonses to command concerned in a brown, 13” X 10” interoffice, multi-service envelope (Form No. NYC-36). Mark envelope - “Returned Criminal Court Summonses.” PATROL BOROUGH MESSENGER/ COUNTERPART 14. Report to bureau command, daily, and pick up returned summonses. OPERATIONS COORDINATOR 15. Review summonses received to ensure that they have been delivered to command of issuing member. Process returned summons(es) as follows: a. Issuing member no longer assigned to command - VOID b. If summons is received at command less than twenty-two days from the return date listed on summons - VOID c. Improper return date (weekend, holiday, etc.) - VOID d. Criminal Court “Information” not signed - direct issuing member to correct condition. e. Criminal Court “Information” left blank - direct issuing member to correct condition. BUREAU SUMMONS PROCESSING PERSONNEL 9. 2 of 4 10. 11. 12. 16. NOTE Under no circumstances will a uniformed member of the service correct any other error on a returned summons other than the two errors (“Information” left blank or unsigned) listed for correction above. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-06 OPERATIONS COORDINATOR REVISION NUMBER: PAGE: 08/01/13 17. (continued) 18. 3 of 4 Void any summons received that was issued for Penal Law Section 240.35, “Loitering” subsections 1, 3 or 7. a. Contact the respondent by telephone, if possible, and inform of summons voidance b. If unable to contact by telephone, forward a notification letter to the respondent on OFFICIAL LETTERHEAD (PD158-151), using the sample in Appendix “A” by registered or certified mail, return receipt requested c. Document notification to the respondent on SUMMONS VOIDANCE FORM (PD160-153). Make a reasonable effort to retrieve the served copy of any summons issued for Penal Law Section 240.35, “Loitering” subsections 1, 3 or 7, from the respondent. UNIFORMED MEMBER OF THE SERVICE 19. 20. Correct summons(es) as directed by operations coordinator. Return corrected summons(es) to operations coordinator. OPERATIONS COORDINATOR 21. 22. Review corrections made to summons(es). Note action taken for each summons on transmittal sheet (e.g., corrected, void etc.). Forward corrected summonses and transmittal sheet, to bureau command. Forward summonses to bureau concerned in a brown, 13” X 10” interoffice, multi-service envelope (Form No. NYC 36). Mark envelope - “Returned Criminal Court Summonses.” 23. 24. 25. BUREAU SUMMONS PROCESSING PERSONNEL 26. 27. 28. 29. Check returned transmittal sheet to ensure that all summonses forwarded for action are accounted for. Forward returned summonses, direct, to the New York City Criminal Court located at 346 Broadway, within twenty-four hours of receipt. Forward summonses to Criminal Court in a brown, 13” x 10” inter-office, multi-service envelope (Form No. NYC 36). Mark envelope - “Returned Criminal Court Summonses.” RELATED PROCEDURE Summons Served Or Prepared In Error (P.G. 209-18) FORMS AND REPORTS MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (PD381-145) OFFICIAL LETTERHEAD (PD158-151) SUMMONS VOIDANCE FORM (PD160-153) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 209-06 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 APPENDIX “A” NOTIFICATION TO RESPONDENT (SAMPLE LETTER) (Command Communication Log Serial Number)__________ Date__________ Mr. John Smith 253 Mercer Street New York, New York 10101 Dear Mr. Smith: On Friday, January 1, 2010, at 11:00 A.M. in front of 123 Main Street, Manhattan, you were served with Criminal Court summons (summons number) for New York State Penal Law Section 240.35, “Loitering” subsection (1, 3 or 7), which has been declared unconstitutional by court decision. Therefore, Criminal Court summons (summons number) has been voided and you are not required to answer the summons. If you have any questions regarding this matter please contact the 8th Precinct Operations Coordinator, Lieutenant (name) at (telephone number). Respectfully, Name Rank NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-07 PARKING SUMMONSES – GENERAL PROCEDURE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To instruct uniformed members of the service in the proper manner of preparing a parking summons and processing related papers for parking violations. PROCEDURE When a uniformed member of the service observes an unoccupied vehicle on a public highway that is illegally parked or in violation of some provision of the New York City Traffic Rules: DEFINITIONS HIGHWAY- Any public roadway, street, or avenue. ABANDONED VEHICLE- A motor vehicle shall be deemed to be abandoned if it is left unattended: a. With no license plates affixed, for more than six hours, on any highway or other public place. b. On a public street or area which is not otherwise restricted by posted signs, including a residential area, in excess of seven consecutive days. c. For more than ninety-six hours on the property of another without the permission of the owner. DERELICT VEHICLE- A motor vehicle which is so dilapidated, burned out, stripped, vandalized etc. as to be of no apparent value other than scrap. UNIFORMED MEMBER OF THE SERVICE 1. Query NYSPIN through the FINEST system, if circumstances warrant, to determine if vehicle is reported stolen. NOTE The circumstances that warrant such a query include, but are not limited to, the following: a. b. c. d. 2. 3. NOTE Presence on vehicle of any summons issued to the vehicle on a previous date Vehicle has damage consistent with theft (e.g., broken windows, damaged locks) Vehicle discovered at a location where the parking of vehicles is unlikely or at a time that is unusual Any suspicion by a member of the service, arising either from the member’s own observations or experience, or from credible statements made by others, that the vehicle may be stolen. Determine if the vehicle is apparently abandoned and eligible for inclusion in the Rotation Tow Program. Utilize, in numerical order, the next Notice of Parking Violation. Summonses will not be issued to abandoned or derelict vehicles, as defined above. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-07 REVISION NUMBER: PAGE: 08/01/13 2 of 5 UNIFORMED MEMBER OF THE SERVICE (continued) 4. 5. NOTE Any omission or mis-description of any of the following mandatory identification elements will result in dismissal of the summons: a. License plate number b. License plate type c. Expiration date d. Make of vehicle e. Model of vehicle 6. 7. 8. 9. NOTE Enter only one offense on each summons. Cite only valid applicable violations and sections of the New York City Traffic Rules when issuing a Notice of Parking Violation. a. No violations of other rules or laws (e.g., VTL) will be cited on a Notice of Parking Violation. Issue only one summons for the same violation, at the same location, on the same day. Issue no more than three summonses to any vehicle parked in violation at the same location on the same day. In cases where more than three violations are evident, summonses for the three most serious violations should be issued. 10. NOTE Print information legibly in block letters using a black ink, ballpoint pen. Enter all available information required by captions. a. Specific location of parked vehicle must be indicated, i.e., number of feet north/south/east/west of street, avenue, or front or opposite specific address. b. Utilize the vehicle registration sticker as the primary source of information for vehicles registered in New York State. Do not issue additional summonses to a vehicle displaying three or more summonses already issued at that location. If the vehicle has been reported stolen or is abandoned or derelict, the member of the service should follow the applicable Patrol Guide procedures. 11. 12. 13. 14. 15. Place “service copy” of Notice of Parking Violation and orange selfaddressed envelope on windshield of auto. a. During inclement weather (rain, snow) fold summons to ensure information entered thereon remains legible. Enter information concerning summons on CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146). Enter details in ACTIVITY LOG (PD112-145). Detach and retain pink copy of Notice of Parking Violation. a. This copy will be returned with CERTIFICATION OF PARKING SUMMONSES SERVED card. Deliver remaining two parts of Notice of Parking Violation intact to command at end of tour. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 209-07 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 5 Upon observing a vehicle displaying three or more summonses, the member should check to see if the summonses were issued to that vehicle at that location. If so, the member of the service should determine if the vehicle has been reported stolen, is abandoned, or derelict. If the vehicle has not been reported stolen, based on the circumstances the vehicle may be either violation towed or placed in the Rotation Tow program if abandoned. No additional summonses should be issued to the vehicle. Members may utilize the violation tow program by contacting the violation tow pound in their respective borough and providing the description and location of the vehicle. No vehicle will be referred for violation tow without a query of the FINEST system to determine if the vehicle has been reported stolen. The member is not required to remain with the vehicle until the violation tow truck arrives. a. Manhattan Tow Pound b. Brooklyn Tow Pound c. Bronx Tow Pound d. Queens Tow Pound If a vehicle’s sticker expiration date or plate type is not visually available, do not simply mark the “N/A”(Not Available”) box on the summons. Always insert a written explanation as to why the information is not available. For example, if the information is not shown on the vehicle, its plates, or sticker, mark “N/A” and write “Missing” or “Not Shown”. If the required information is unavailable because a sticker is unreadable, mark “N/A” and insert a reason, such as: “Covered,” “Faded,” “Defaced,” or “Mutilated.” If only a portion of a vehicle’s sticker expiration date is visible then insert as much as is shown or readable, write “N/A” in the appropriate space on the summons, and insert “Not Shown” or “Missing,” “Covered,” etc. If other required information is not shown, write “N/A” or “NONE” – do not just draw a line or leave blank. Members of the service will not issue a Notice of Parking Violation based on the vehicle identification number (VIN) only. When the owner, operator, or person responsible for the vehicle is present, a member may issue a personal service summons for appropriate violations. Vehicles listed below, observed parked and unattended, will be processed as follows: a. All non-evidence stolen or abandoned non-derelict vehicles are processed under the Rotation Tow program (see P.G. 218-21, “Rotation Tow”). b. Vehicles bearing New York State registration plates that expired more than two months in the past will be processed in accordance with P.G. 214-30, “Removal of Expired New York State Registration Plates.” c. Derelict vehicles with New York State plates will be processed in accordance with P.G. 214-29, “Derelict Vehicles Bearing New York State Registration Plates.” d. Derelict vehicles without plates will be entered in the HIGHWAY CONDITION RECORD (PD311-151) for notification to the local district office of the Department of Sanitation (see P.G. 214-22, “Weekly Street Conditions Survey and Daily Observations of Highway Conditions Requiring Corrective Action”). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 209-07 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 5 Vehicles displaying expired in-transit permits, issued either in New York State or out-ofstate (e.g., New Jersey), can be cited as unregistered vehicles. An in-transit permit is temporary in nature (valid for thirty days from the date it is issued) and does not constitute a permanent, legal, registration. It is issued only to enable a vehicle owner to transport his/her unregistered vehicle to a different jurisdiction where the owner intends to permanently register it. (A common example involves someone going out of state to purchase a vehicle at an auction and then transporting it back to his/her home state.) Once the in-transit permit expires, the vehicle can be cited as an unregistered vehicle regardless of the jurisdiction of issue. PARKING OFFENSES INVOLVING VEHICLES FROM ANOTHER STATE When issuing a summons to vehicles registered outside of New York State, the officer will provide as much vehicle information as possible based on his/her visual observation of the vehicle. If an information caption on the summons is intentionally not completed by the officer, a reason for the omission must be entered in the caption e.g., unreadable, covered, or not shown. Write “N/A” in a caption when the required caption information is not available (e.g. registration stickers on New Jersey vehicles are not printed with an expiration date). Certain violations involving registration and inspection requirements only apply to vehicles registered in New York State and are not applicable to vehicles registered outside of New York State. Vehicles registered outside of New York State will not be issued a notice of parking violation for expired/missing registration, expired/missing inspection, improper display of a registration sticker, or improper display of an inspection sticker. These violations are only applicable to vehicles registered in New York State. PARKING OFFENSES INVOLVING DIPLOMATIC RELATED VEHICLES Official “Diplomat,” “Consul,” and “S” (Staff) vehicle license plates, colored red, white and blue, are issued by the United States Department of State ONLY, and will be one of the following three types: DIPLOMAT – plates bearing the word “Diplomat” imprinted thereon are issued to representatives of foreign missions, United Nations, Secretariat of United Nations, and Organization of American States. CONSUL – plates bearing the word “Consul” imprinted thereon are issued to representatives of foreign governments having consular status. STAFF – plates bearing the letter “S” imprinted thereon are issued to members of staffs of various foreign governments. Although “diplomatic/consular/staff” plates will not be issued without proper insurance coverage, operators of such vehicles are not required to carry insurance cards. However, the operator must carry a certificate of registration. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 209-07 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 A Notice of Parking Violation will be placed upon an unoccupied, illegally parked vehicle bearing “DIPLOMAT” or “CONSUL” registration plates, which creates a safety hazard. The following violations create safety hazards: Double Parking Fire Zone Fire Hydrant No Standing No Stopping Bus Stop Parking in Crosswalk Parking on Sidewalk If a Notice of Parking Violation is issued to a vehicle bearing diplomatic/consular registration plates, the code “DP” will be entered under the caption “Other” on the line used to identify the state of vehicle registration. Vehicles bearing the letter “S” for staff do not have parking immunity; however, if such vehicle is occupied, the occupants may have diplomatic immunity and will be treated accordingly (see P.G. 212-56, “Diplomatic Incidents.”) RELATED PROCEDURES Parking Violations Summons – Graphic (P.G. 209-08) Environmental Control Board Notice of Violation and Hearing – General Procedure (P.G. 209-12) Diplomatic Incidents (P.G. 212-56) Derelict Vehicles Bearing New York State Registration Plates (P.G. 214-29) Removal of Expired New York State Registration Plates (P.G. 214-30) Rotation Tow (P.G. 218-21) Weekly Street Conditions Survey and Daily Observations of Highway Conditions Requiring Corrective Action (P.G. 214-22) FORMS AND REPORTS ACTIVITY LOG (PD112-145) CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146) HIGHWAY CONDITION RECORD (PD311-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-08 PARKING VIOLATIONS SUMMONS - GRAPHIC DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 1 PARKING VIOLATIONS STOPPING, STANDING, AND PARKING OFFENSES 1 1 Enter this information if violator is present. 2 2 The expiration month, day and year must be entered for vehicles registered in N.Y.S. 3 The information in this section should be taken from the registration sticker for vehicles registered in N.Y.S. 3 4 Do not use military time. 4 5 Indicate specific location of vehicle, e.g., 50 ft. N/S/E/W of street or avenue. 4 5 6 The day(s) and hours the regulation is in effect must be listed. 6 7 This information is obtained from COMMON SUMMONSABLE OFFENSES (PD160-102). Notes: a. Only one (1) violation per summons. b. Do not write in the margin of the summons. Additional information may be entered in the name area (top) of the summons. 7 7 7 c. If a commercial vehicle is observed DOUBLE PARKED, enter length of time of no loading or unloading activity, e.g., "30M - N/A," indicating no loading or unloading activity for a thirty (30) minute period. d. If the vehicle does not match the sticker (sticker describes a van and vehicle is a sedan) enter information from sticker and note that the vehicle appears to be a sedan as indicated in note "b". NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-09 PERSONAL SERVICE OF SUMMONSES RETURNABLE TO TRAFFIC VIOLATIONS BUREAU OR CRIMINAL COURT DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 6 PURPOSE To inform uniformed members of the service of procedures to be followed when personally serving a summons returnable to the Traffic Violations Bureau or Criminal Court. PROCEDURE When issuing a summons returnable to the Traffic Violations Bureau or Criminal Court: UNIFORMED MEMBER OF THE SERVICE 1. 2. NOTE As a general rule, the following forms of government photo identification are considered valid forms of identification: a. Valid Photo Driver’s License (From New York State, another state, or another country) b. Valid passport c. Citizenship or naturalization papers d. New York State Non-Driver Identification e. New York State Driver’s Permit f. Other government photo identification. Inform violator of the offense committed. Request that violator show proof of identity and residence. a. In traffic cases, examine driver’s license, vehicle registration, and insurance identification card for vehicles registered in New York State. b. If violator presents driver’s license, check “Motorist Exhibited License” box on top of summons. Members should note that these are general guidelines, and other forms of identification may be acceptable. 3. 4. DESK OFFICER 5. Conduct license and warrant check. a. If license check conducted, check “Susp/Rev” box on top of summons. b. If no license and/or warrant check conducted, note reason in ACTIVITY LOG (PD 112-145). Remove violator to command for investigation if doubt concerning identity exists. Make Command Log entry when violator is brought to command for identification, is served a summons, and immediately released. a. Entry will include the following: (1) Name, address, and physical description of the violator (2) Location, time of incident, and reason for removal to command (3) Name, rank, shield number of member who brought violator to command (4) Offense(s) charged and serial number(s) of summons(es) served (5) Time the violator entered and departed the command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-09 REVISION NUMBER: PAGE: 08/19/13 2 of 6 NOTE It is not necessary to follow Desk Appearance Ticket or voided arrest procedures for an offense for which a summons may be served when the only reason for bringing the violator to the command was to investigate identity. UNIFORMED MEMBER OF THE SERVICE 6. 7. 8. 9. Issue summonses in numerical order. Use black ink ballpoint pen and legibly print information in block letters. Enter all available information required by captions on summons with the exception of the area titled “Officer’s Notes.” Record only one violation per summons. a. Use a separate summons for each additional offense. Summonses issued for multiple offenses arising out of a single traffic incident will be made returnable to the respective court responsible for the adjudication of such offenses (i.e., traffic infractions will be returnable to Traffic Violations Bureau; Administrative Code violations and traffic misdemeanors will be returnable to Criminal Court, as outlined in Patrol Guide 209-02, “Summonses and Notices of Violation Returnable Agencies”). NOTE 10. Request violator sign the bottom of the summons to acknowledge receipt. Requesting the violator to sign the bottom of the summons is an option of the issuing member. If the member feels that requesting the signature may precipitate a confrontation or place the member at a tactical disadvantage, the member has the option of not requesting the signature. If the violator refuses to sign, no action will be taken. Member concerned will note the refusal in ACTIVITY LOG. NOTE 11. Give the violator the part of the summons designated for the agency for which the summons is returnable. a. If the summons is returnable to the Traffic Violations Bureau, give the violator the copy of the summons labeled “Motorist Copy” b. If the summons is returnable to Criminal Court, give the violator the copy labeled “Criminal Court.” FOR SUMMONSES RETURNABLE TO CRIMINAL COURT: UNIFORMED MEMBER OF THE SERVICE 12. 13. 14. Refer to new ACTIVITY LOG (PD 112-145) insert, SAMPLE CRIMINAL COURT SUMMONS INFORMATIONS (PD 260-211), after the violator has been released. Utilize the SAMPLE CRIMINAL COURT SUMMONS INFORMATIONS to properly complete the Criminal Court Information section on rear of summons. SIGN Criminal Court Information section on rear of summons. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-09 REVISION NUMBER: PAGE: 08/19/13 3 of 6 IF SUMMONS IS FOR VIOLATION OF P.L. 221.05, “UNLAWFUL POSSESSION OF MARIJUANA UNIFORMED MEMBER OF THE SERVICE (continued) 15. 16. 17. NOTE Enter in Criminal Court Information section on rear of summons, the words: “See Attached SUPPORTING DEPOSITION REPORT.” Prepare new form, MARIJUANA SUPPORTING DEPOSITION / FIELD TEST REPORT (PD381-145). Submit summons and MARIJUANA SUPPORTING DEPOSITION / FIELD TEST REPORT, to the desk officer when requesting a voucher for the marijuana. Do not staple the summons(es) to the MARIJUANA SUPPORTING DEPOSITION / FIELD TEST REPORT. Attach by using a paper clip only. Desk officers will refer to P.G. 209-06 for proper processing procedures regarding marijuana offenses. 18. 19. 20. 21. DESK OFFICER 22. Enter the information concerning the summons(es) on CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145). Enter complete details in ACTIVITY LOG including: a. Description of offense b. Summons number c. Motorist’s/Defendant’s name d. Motorist’s/Defendant’s date of birth e. Type, and serial number, of government photo identification used to determine name and date of birth of motorist/defendant f. License plate number and state/province of registration g. Make and model of vehicle h. Number of passengers in vehicle. Detach and retain last two copies of summons marked “Police/ Agency” and “Officer”. a. The white “Officer” copy will be retained by the issuing member. b. The yellow “Police/Agency” copy will be returned with the CERTIFICATION OF SUMMONSES SERVED card. Deliver the remaining copies, intact, to command at the end of tour, or as directed by commanding officer. Direct the arrest processing officer (if Field Test Qualified), in accordance with P.G. 218-08, to conduct field test of marijuana and complete the “Marijuana Field Test Results” side of the MARIJUANA SUPPORTING DEPOSITION / FIELD TEST REPORT. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 209-09 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 4 of 6 NOTE If a Field Test qualified arrest processing officer is not available, the desk officer will request another Field Test qualified officer from either the precinct’s SNEU/CONDITIONS team, an adjoining command, or the borough task force to perform the test. Those qualified uniformed members of the service from either the precinct’s SNEU/CONDITIONS team or assigned to outside commands (Narcotics Division, borough task force, etc.) will field test any marijuana that they recover. ADDITIONAL DATA A uniformed member of the service, when issuing a summons returnable to the Traffic Violations Bureau, will place an “X” in the appropriate captioned box when any of the following criteria apply: a. “Commercial Vehicle” - with a maximum gross weight in excess of 26,000 pounds b. “Bus” - any vehicle designed to transport more than fifteen passengers, including the driver c. “Hazardous Material” - any vehicle which is transporting materials required to be placarded under the Hazardous Material Transportation Act. If a vehicle with a maximum gross weight in excess of 26,000 pounds is also placarded, as required for transporting hazardous materials, only the “Hazardous Material” box should be checked. UNDER NO CIRCUMSTANCES WILL AN ISSUING MEMBER OF THE SERVICE WRITE ON THE SIDE MARGIN OF THE SUMMONS. This area is used by the adjudicating agency concerned. Writing in this area may result in the summons being considered unprocessable and returned to this Department. In addition to entries in the ACTIVITY LOG, members have the option of utilizing the area on the rear of the white “Officer” copy of the summons entitled “Officer’s Notes.” This area is meant to serve as additional information for the issuing member to assist in recording the pertinent details of the offense. The sections labeled “Motorist or Defendant’s Employer”, “Motorist or Defendant’s Employer Address”, and “Phone No.” are designed primarily as an aid to members enforcing violations where corporate substitution is possible (Example - a summons is issued to the driver of a trucking firm for no overweight permit). The information is not required for moving violations issued to non-commercial drivers. A person operating a limited use vehicle (minibike, moped, etc.) on a public highway (road, street, avenue, highway, etc.) is subject to all applicable provisions of the Vehicle and Traffic Law and the Traffic Regulations (“traffic laws”), including registration and licensing requirements. Although registration and licensing provisions do not apply to bicycles, persons riding bicycles on public streets are subject to many of the same traffic laws as operators of motor vehicles. If a limited use vehicle is unregistered and/or the operator unlicensed, the vehicle will be removed to the precinct of occurrence, impounded and invoiced. The owner may claim the vehicle on presentation of proof of ownership; however, such owner will be advised that the vehicle may not be operated on public highways until such time as it has been properly registered. The owner may be permitted to make arrangements to have such unregistered vehicle transported by a licensed tow truck to a private premise. Additionally, if the vehicle was seized because the operator was unlicensed, the owner will be issued a summons for violation of section 509(4) of the Vehicle and Traffic Law “Authorizing Or Permitting An Unlicensed Driver To Operate A Motor Vehicle.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-09 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/19/13 5 of 6 Operators of limited use vehicles and/or bicycles who violate applicable provisions of the traffic laws will be issued a summons, providing such individuals are sixteen years of age or older. A JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) will be prepared for a violator who is at least seven and less than sixteen years of age. When a bicyclist is issued a summons for a violation of the traffic laws, the word “BICYCLE” will be entered in bold print on that portion of the summons designated for the year and make of the vehicle. On the reverse side of both of the yellow motorist’s copies of the summons, a line will be drawn through the instructions that direct the violator to answer the summons by mail Sustained attention and priority in enforcement should be given to those hazardous violations which are the major cause of most collisions, deaths and injuries on the roadways. The twenty-one most HAZARDOUS VIOLATIONS are: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Failed to yield the right of (14) Unlicensed operator way to vehicle (15) Driving while ability to Following too closely operate is impaired by alcohol Speeding or drugs Reckless driving (16) Failure to wear seatbelt, use Improper turn of child safety seat Fail to obey traffic signal (17) Spillback Disobey sign (18) Use of a cellular telephone Improper passing while driving Fail to yield right of way to (19) Disobey pavement Markings pedestrian (20) Overtaking and passing school Backing unsafely bus Fail to keep right (21) Driving while texting Driving while intoxicated Defective brakes Members of the service should be aware that section 207, subdivision 5, of the Vehicle and Traffic Law (Disposing Of A Uniform Traffic Summons), does NOT apply to situations where a motorist destroys or discards his/her copy of the summons that was issued by the member of the service. That section is applicable only when someone prevents or interferes with the processing of that part of the summons destined for the adjudicating body (i.e., the “court copy”). Members of the service may, however, issue a Criminal Court summons for littering (Administrative Code section 16-118, [subdivision 1]) in appropriate circumstances. A uniformed member assigned to the Highway District may serve a summons for an offense not personally observed but revealed during the course of a collision investigation. When serving such a summons, the member concerned shall draw a line through the statement on the Complaint which reads “I PERSONALLY OBSERVED THE COMMISSION OF THE OFFENSE CHARGED ABOVE.” The issuance of a Criminal Court summons for violation of Penal Law section 240.20 Disorderly Conduct, at the scene of an incident in which the summonsing member is the complainant, occasionally results in a civilian complaint against the member. To verify and document the circumstances of the incident, the summonsing member will request the response of the patrol supervisor to the scene whenever: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-09 PAGE: 08/19/13 a. b. c. ADDITIONAL DATA (continued) REVISION NUMBER: 6 of 6 Physical force/restraint was used by the uniformed member, OR It was necessary to search or handcuff the violator, OR Violator was placed in, or transported from the scene in, a Department vehicle. The patrol supervisor will determine the validity of the charge and: a. Make entry in ACTIVITY LOG indicating summonsing member’s identity and the violator’s identity and condition. b. Direct issuance of summons, if violator is eligible. If the violator is not eligible, process as an arrest as per appropriate Department procedures. If the patrol supervisor is not available to respond, the violator will be removed to the command where the desk officer/supervisor will determine the validity of the charge and make an appropriate entry in the Command Log. RELATED PROCEDURES Summonses and Notices of Violation Returnable Agencies (P.G. 209-02) Quality Control Procedures for the Processing of Summonses Returnable to Criminal Court (P.G. 209-06) Field Testing of Marijuana by Selected Uniformed Members of the Service within the Patrol Services and Housing Bureaus (P.G. 218-08) FORMS AND REPORTS ACTIVITY LOG (PD112-145) CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) MARIJUANA SUPPORTING DEPOSITION / FIELD TEST REPORT (PD381-145) SAMPLE CRIMINAL COURT SUMMONS INFORMATIONS (PD260-211) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-10 TRAFFIC VIOLATIONS BUREAU SUMMONS - GRAPHIC DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 TRAFFIC VIOLATIONS 1 TRAFFIC INFRACTIONS (other than stopping, standing, and parking offenses) 2 2 1 Conduct license check, if possible, and check appropriate boxes. 2 Enter date of birth and sex of violator. 3 Enter vehicle information from registration card or sticker. 3 4 Do not use military time. 5 Ensure that violation described matches section of law cited. Obtain info. from COMMON SUMMONSABLE OFFENSES (PD160-102). 4 5 6 No return date is required for violations returnable to Traffic Violations Bureau. 7 Violators signature is optional. 6 7 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-10 REVISION NUMBER: PAGE: 08/01/13 2 of 2 1 1 Uniformed members should record the circumstances of the incident on the rear of the "Officer" copy of the summons. 2 2 The defendant's employer information is intended for cases in which corporate substitution is possible. 3 3 Defendant's telephone number is not required in traffic offenses and should not be requested. For cases in which corporate substitution is possible, the telephone number of the corporate entity should be entered in this area. 4 Include the direction of travel and the type of street, as appropriate. 4 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-11 CRIMINAL COURT SUMMONS - GRAPHIC DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 3 CRIMINAL COURT PEDESTRIAN OFFENSES AND TRAFFIC MISDEMEANORS (except unlicensed operator, unregistered vehicle and no insurance ID card). 1 SUMMONSABLE OFFENSES NOT RETURNABLE TO ANY OTHER AGENCY. 1 Enter date of birth and sex of violator. 2 Do not use military time. 2 3 Ensure that violation described matches section of law cited. 3 4 Enter address of borough Criminal Court. 5 Enter room number. 6 Enter return date as per FINEST message transmitted daily. 5 4 6 7 7 8 7 Issuing officer must sign summons. If a civilian is the complainant and signs the INFORMATION, substitute the word "Officer" for "Complainant." In addition, draw a line through the words "I personally observed the commission of the offense charged above." 8 Violator’s signature is optional. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 209-11 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 3 The INFORMATION section must be completed by a member of the service issuing a summons returnable to Criminal Court. A summons, with a properly filled out "INFORMATION" section, will eliminate the need for the issuing officer to appear in court on the return date to prepare a complaint and will enable the court to issue a warrant for a defendant who fails to appear. Examples: Disorderly Conduct (Penal Law, Section 240.20, subd. 5): "The defendant did sit in the roadway in the middle of the intersection at 50th Street and 5th Avenue, causing a vehicular traffic jam. When asked to leave, the defendant refused." Trespass (Penal Law Section 140.05): "The defendant did refuse to leave the premises, 111 Broadway, an unfenced vacant lot, after Mr. Jones, the owner of the property asked him, in my presence, to leave the property or face arrest for trespassing." In every case in which a civilian complainant is involved, enter name, address and telephone number of complainant along left margin. The INFORMATION must include eyewitness (non-hearsay) allegations of fact describing acts of the defendant. An INFORMATION is not legally sufficient if the facts merely repeat the specific language of the law. The INFORMATION must be signed by the uniformed member or civilian complainant, and the date must be entered. A summons will not be issued by uniformed members for violations not personally observed. If a MISDEMEANOR is committed in the presence of a uniformed member, that member will sign the INFORMATION. When NOT committed in member's presence, that member must ascertain that a crime was committed and request complainant to sign the INFORMATION. If complainant refuses, member may sign based on "information and belief," providing all details as related to member by the complainant are included in the INFORMATION. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-11 REVISION NUMBER: PAGE: 08/01/13 3 of 3 1 1 Uniformed members should record the circumstances of the incident on the rear of the "Officer" copy of the summons. 2 2 The defendant's employer information is intended for cases in which corporate substitution is possible. 3 3 Defendant's telephone number is not required in traffic offenses and should not be requested. For cases in which corporate substitution is possible, the telephone number of the corporate entity should be entered in this area. 4 Include the direction of travel and the type of street, as appropriate. 4 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-12 ENVIRONMENTAL CONTROL BOARD NOTICE OF VIOLATION AND HEARING - GENERAL PROCEDURE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 6 PURPOSE To instruct uniformed members of the service of the proper manner by which to prepare and process an Environmental Control Board Notice of Violation and Hearing. PROCEDURE Upon observing a violation under the jurisdiction of the Environmental Control Board (ECB): UNIFORMED MEMBER OF THE SERVICE 1. 2. Inform violator of the offense committed. a. Take NO enforcement action against a blind person for violation of the Canine Waste Law. b. Use discretion when elderly or handicapped persons are observed violating the Canine Waste Law. Request proof of identity and residence. a. If proof is refused and/or validity of proof is doubtful, escort violator to command for further investigation. WHEN VIOLATOR IS PROPERLY IDENTIFIED: UNIFORMED MEMBER OF THE SERVICE 3. NOTE A summons, returnable to Criminal Court, may be issued for summonsable Administrative Code Violations or other violations of law NOT INDICATED on comprehensive list of violations maintained at desk. 4. 5. 6. 7. 8. Prepare separate Notice of Violation and Hearing for EACH offense charged. a. Complete captions in block letters, using a black ink, ball point pen. Insert violation code, section of law, mail-in and maximum penalties on Notice of Violation, as determined from COMMON ENVIRONMENTAL CONTROL BOARD NOTICE OF VIOLATION OFFENSES (PD160-100). a. If not listed, request desk officer to check ENVIRONMENTAL CONTROL BOARD NOTICE OF VIOLATION OFFENSES (PD160-101), maintained at desk. Make Notice of Violations and Hearing returnable to Environmental Control Board. a. If food or property is removed, make return date twenty-one days after date of issuance unless that date is on a weekend or holiday, in which cases the return date is the next business day. b. If no property is removed, make return date not less than thirty days nor more than thirty-seven days from date of issuance. Give violator pink (Respondent) copy of Notice of Violation. Record complete details in ACTIVITY LOG (PD112-145). Enter required information on CERTIFICATION OF MOVING/ CRIMINAL COURT SUMMONSES SERVED (PD160-145). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-12 UNIFORMED MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 08/01/13 9. DESK OFFICER 10. 11. 12. PATROL BOROUGH OFFICE CLERK 13. MESSENGER 15. 14. 2 of 6 Distribute remaining copies of Notice of Violation as follows: a. WHITE (ECB) copy - To command of occurrence at end of tour, or as directed by commanding officer. b. YELLOW (officer) copy - Retain with CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED. c. WHITE CARDBOARD (Agency) copy. Examine entries on Notice of Violation to ensure: a. Accuracy, completeness and legibility b. That reverse side (affidavit portion) is signed by issuing member. Sign affidavit section as certifying officer. Separate Notice of Violation by date of service and process as follows: a. WHITE (ECB) copies - insert all copies issued on SAME day in Environmental Control Board forwarding envelope addressed to Environmental Control Board, 59-17 Junction Boulevard, Queens and forward to patrol borough office with A.M. mail. b. YELLOW (officer) copies - file in command by date of service and retain thereat for two years. Prepare two copies of SUMMONS ENVELOPE RECEIPT (PD160011). Direct messenger to deliver envelope containing Notice(s) of Violation to Environmental Control Board. Obtain receipt on one copy of SUMMONS ENVELOPE RECEIPT and return to borough office. IF VIOLATOR CANNOT BE PROPERLY IDENTIFIED: UNIFORMED MEMBER OF THE SERVICE 16. 17. Confer with desk officer. Effect arrest of violator as a last resort, and ONLY WHEN violation committed has CRIMINAL SANCTIONS in addition to civil penalties that may be imposed by the Environmental Control Board and desk officer directs that arrest be made. NOTE The Environmental Control Board has CIVIL JURISDICTION ONLY; therefore, an arrest MAY NOT be made for a violation returnable SOLELY to that agency. ADDITIONAL DATA Whenever a violator is brought to the command for further investigation and identification, and a positive identification CANNOT be made, or an arrest CANNOT be effected as indicated above, PRIOR TO RELEASING the violator, P.G. 210-13, “Release of Prisoners - General Procedure” will be complied with. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-12 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 3 of 6 BICYCLE RIDING ON SIDEWALKS: Administrative Code Section 19-176, “Bicycle Riding Prohibited on Sidewalks,” will be the primary enforcement tool this Department utilizes to eliminate bicycle riding on sidewalks. Under this legislation, any person fourteen years of age or older operating a bicycle upon a sidewalk shall be issued an Environmental Control Board (ECB) Notice of Violation and Hearing. If such person is operating the bicycle on the sidewalk in a manner that endangers any other person or property, the bicycle will be seized at the time the ECB Notice of Violation and Hearing is issued. The following are the steps to be taken when a bicycle is observed being operated upon a sidewalk: a. b. If the operator is at least fourteen years of age, and bicycle is merely operated on a sidewalk, the operator shall be issued an ECB Notice of Violation and Hearing as follows: Code D62 Section AC 19-176(b) Description Unlawful bicycle riding on sidewalk Member of Service Must Appear No Penalty $50 Default $100 If the operator is at least fourteen years of age, and the bicycle is operated in a manner that endangers any other person or property, the bicycle operator shall be issued an ECB Notice of Violation and Hearing and the bicycle will be seized. The ECB Notice of Violation and Hearing shall be completed as follows: Code D6G Member of Service Must Appear No Code D6H Member of Service Must Appear No Section AC 19-176(c) 1ST offense Description Unlawful bicycle riding in a manner that endangers any other person or property Penalty $150 Default $300 Section *AC 19-176(c) 2nd offense Description Unlawful bicycle riding in a manner that endangers any other person or property Penalty $300 Default $600 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-12 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 c. 4 of 6 If the operator is at least fourteen years of age and the bicycle is operated in a manner that endangers any other person or property with physical contact between the rider and another person, the bicycle operator shall be issued an ECB Notice of Violation and Hearing and the bicycle will be seized. The uniformed member of the service will indicate the fact that there was physical contact between the rider and another person on the summons (Information Section) or Notice of Violation (Details Section). D6I Member of Service Must Appear No D6J Member of Service Must Appear No AC.19-176(c) 1ST Offense Unlawful bicycle riding in a manner that endangers person or property with physical contact between the rider and another person Penalty $250 Default $500 *AC 19-176(c) 2nd offense Unlawful bicycle riding in a manner that endangers person or property with physical contact between the rider and another person Penalty $500 Default $1000 *Civil penalties are doubled by ECB where the rider endangers another person or property a second time within a six month period. The current law’s provision for seizing the bicycle remains in effect where the rider endangers another person or property At the time the bicycle is taken into custody, in addition to appropriately completing and issuing a PROPERTY CLERK INVOICE (PD521-141), the uniformed member of the service issuing the ECB Notice of Violation and Hearing shall provide the respondent with a completed PROCEDURE FOR RECOVERING SEIZED BICYCLE/VEHICLE (PD521148). This completed form shall serve as written notice to the respondent and/or bicycle owner explaining the procedures for obtaining release of the bicycle. The notice shall provide the location where the bicycle may be claimed, instructions on the applicable charges for removal and storage, as well as the steps necessary to request an ECB hearing. In all cases where the operator of a bicycle is less than eighteen years of age, a copy of the ECB Notice of Violation and Hearing shall either be personally delivered to the operator’s parent or guardian, or it shall be mailed to that person, if their name and address is reasonably ascertainable. Additionally, in any case where a bicycle is seized from an operator less than eighteen years of age, the completed PROCEDURE FOR RECOVERING SEIZED BICYCLE/VEHICLE must be personally delivered to the operator’s parent or guardian, or it shall be mailed to that person, if their name and address are reasonably ascertainable. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 209-12 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 6 ADDITIONAL DATA (continued) Bicycles taken into custody by members of the Department, pursuant to New York City Administrative Code Section 19-176(c), shall be invoiced and stored in the precinct of occurrence for FIVE business days following seizure. NEITHER A REMOVAL FEE NOR A STORAGE FEE SHALL ACCRUE WHILE THE BICYCLE IS STORED AT THE PRECINCT. Bicycles shall be removed to the Property Clerk’s Warehouse (520 Kingsland Avenue, Brooklyn) on the next business day following the five business day precinct holding period. A twenty-five dollar removal fee shall accrue upon the bicycle arriving at the Property Clerk’s Warehouse. Additionally, a storage fee of five dollars will be charged for each day, or fraction of a day, the Property Clerk stores the bicycle, after it is taken from the precinct. THE PROPERTY CLERK DIVISION WILL COLLECT ALL CHARGES FOR REMOVAL AND STORAGE. NOTE If a respondent desires to post bond in order to get their bicycle back, prior to a hearing, they should be directed to the Environmental Control Board. RETURNING A SEIZED BICYCLE Prior to a member of this Department returning a bicycle seized pursuant to Administrative Code Section 19-176(c), the claimant must submit the following: a. A Decision and Order issued by the Environmental Control Board that will indicate whether or not the respondent involved has been found in violation. If the respondent has been found in violation, an ECB receipt confirming that the fine has been paid must accompany the Decision and Order. A valid ECB receipt will include the time, date, and ECB location of payment as well as the violation number listed on the Decision and Order. If the Decision and Order indicates that the respondent was not found in violation, no receipt will be required. b. The claimant’s copy of the PROPERTY CLERK INVOICE issued at the time of seizure. c. In instances where a representative of the claimant appears to retrieve a seized bicycle, he or she must fulfill the requirements of “a” and “b” as well as providing a notarized letter, signed by the named claimant, expressly authorizing the representative to claim the bicycle. Removal and storage fees will not accrue until the bicycle reaches the Property Clerk’s Storage facility, and fees will only be collected by authorized members assigned to the Property Clerk. Desk officers returning a bicycle at the precinct stationhouse shall comply with Patrol Guide procedure 218-02, “Return of Property/Vehicles at Command and Processing Voided Property Invoices,” and forward the ECB Decision and Order to the Borough Property Clerk. Under limited circumstances where an encounter with a bicyclist takes on the characteristics of a criminal investigation, or if the violator is not properly identified, uniformed members of the service may still enforce criminal laws. In lieu of issuance of an ECB Notice of Violation and Hearing, members may, under appropriate circumstances, make an arrest or issue a summons returnable to criminal court in connection with bicycle riding on a sidewalk. Mere operation on a sidewalk, unless permitted by sign, is a traffic infraction pursuant to Traffic Rules Section 4-07 (c) (3) (i) for which a criminal court summons may be issued. This prohibition does not apply to the operation of bicycles with wheels of less than twenty-six inches in diameter upon the sidewalk by children twelve years of age or less. When the offender is at least seven, but less than sixteen NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 209-12 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 6 years of age, a JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) will be prepared. When such operation is under circumstances, which create a substantial risk of physical injury to another person or recklessly create a substantial risk of serious physical injury to another person, Administrative Code Section 19-176(c), as an unclassified misdemeanor or Penal Law Section 120.25, Reckless Endangerment in the second degree, a class A misdemeanor, respectively, may be charged. In misdemeanor cases, the bicycle should be seized and invoiced as “arrest evidence” pursuant to normal Department procedure. Members of the service should confer with the Legal Bureau, if in doubt as to the proper charges. In circumstances where a bicycle rider is eligible for an ECB Notice of Violation and Hearing the uniformed member of the service involved shall not issue a criminal court summons in lieu of the ECB Notice of Violation and Hearing. RELATED PROCEDURES Personal Service Of A Summons Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Release of Prisoners - General Procedure (P.G. 210-13) On-Line Juvenile Report System (P.G. 215-08) Invoicing Property - General Procedure (P.G. 218-01) Return of Property/Vehicles at Command and Processing Voided Property Invoices (P.G. 218-02) Return of Summons Packet (A.G. 309-02) Summonses - Records (A.G. 309-03) FORMS AND REPORTS ACTIVITY LOG (PD112-145) CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) COMMON ENVIRONMENTAL CONTROL BOARD NOTICE OF VIOLATION OFFENSES (PD160-100) ENVIRONMENTAL CONTROL BOARD NOTICE OF VIOLATION OFFENSES (PD160-101) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) PROCEDURE FOR RECOVERING SEIZED BICYCLE/VEHICLE (PD521-148) PROPERTY CLERK INVOICE (PD521-141) SUMMONS ENVELOPE RECEIPT (PD160-011) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-13 ENVIRONMENTAL CONTROL BOARD NOTICE OF VIOLATION AND HEARING - GRAPHIC DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 2 ENVIRONMENTAL CONTROL BOARD 1 Enter license/permit number to identify respondent. 2 Check appropriate box. 1 3 Enter identification of other person responsible for violation, i.e., owner, lessee, etc., if any. 2 3 4 Enter from Common ECB Notice of Violation Offenses Card. 4 5 Describe details, including conditions if exigent circumstances exist, i.e., parade, fire, heavy traffic, etc. 4 6 See Common ECB Notice of Violation Offenses Card for determination of "Must Appear" and "Penalty Schedule." 4 5 7 Obtain from Common ECB Notice of Violation Offenses Card. 6 7 6 8 Uniformed member must sign. 9 Enter command. 10 Enter "P.D." 9 8 10 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-13 REVISION NUMBER: PAGE: 08/01/13 2 of 2 1 Complete this caption. 1 1 2 2 This caption/area is not used by this Department. 3 Complete as much of this section as possible. 4 Issuing member and supervisor must sign. 3 2 4 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-15 TRANSIT ADJUDICATION BUREAU NOTICE OF VIOLATION AND HEARING - GRAPHIC DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 TRANSIT ADJUDICATION BUREAU - NOTICE OF VIOLATION AND HEARING (TAB/NOV) 1 1 If violator resides in a shelter, do not issue a TAB/NOV. 2 Enter employer name, address, and telephone number, as applicable. 2 3 Check appropriate boxes; enter ID information. 4 Enter the name of the violator's parent or guardian, if violator is under 18 years of age. 3 4 5 Check appropriate box or enter the applicable section/subdivision in the space provided. 5 Note: Do not check box "Other Rules." (This box is reserved for other jurisdictions.) 6 Enter appropriate hearing date listed on TAB hearing date calendar card. 7 Uniformed member must sign. 6 Note: All printed information must be legible. 7 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-15 REVISION NUMBER: PAGE: 08/01/13 2 of 2 1 Enter witness/complainant information as appropriate. 2 Describe all confiscated property. 3 If property is confiscated, enter Property Clerk Invoice Number. 1 1 2 3 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-16 SERVICE OF A SUMMONS - SPECIAL PROCEDURES DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 2 To inform uniformed members of the service of special procedures that apply in certain summons cases: PURPOSE SITUATION U.S. Mail Trucks PROCEDURE 1. 2. Serve summons for moving and/or parking infractions. Report all traffic infractions to commanding officer giving operator’s name, time and place of occurrence, and whether summons was served. NOTE Government vehicles do not require registration plates. Bingo (Violation of Administrative 1. Code) and representative of State 2. Lottery Control Commission is present 3. Obtain name and title of representative. Request representative to appear in court to sign corroborating affidavit. Report facts, including representative’s name and title, to commanding officer. Premises licensed by State Liquor 1. Authority 2. Report service of summons inside premises to desk officer. Report facts to commanding officer. Sale of alcoholic beverages during 1. prohibited hours 2. 3. Check time by radio, telephone or other official source. Seize beverage as evidence. Secure other evidence such as proof of sale, identity of persons served, identity and job title of employees in premises, number of persons entering during prohibited hours. Deliver alcoholic evidence to desk officer, command of occurrence, for safekeeping pending delivery to property clerk. Report facts to commanding officer. 4. 5. Purchase of alcoholic beverages by 1. fraudulent proof of age 2. Violation of Administrative CodeCriminal and Civil Penalty If violator is 16 to less than 21 years of age, make summons returnable to Summons Part, Criminal Court. If violator is under 16 - prepare JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A). Report facts to commanding officer. 1. Serve summons and prepare ADMINISTRATIVE CODE VIOLATION NOTICE (PD372-151). Public Service Commission 1. Certificate-Violation of Section 61, 2. subd. 14, Public Service Law Make summons returnable to Summons Part, Criminal Court. Report facts to commanding officer. Garages and Parking Lots Summons returnable to Summons Part, Criminal Court. Report facts to commanding officer. 1. 2. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-16 REVISION NUMBER: PAGE: 08/01/13 Speeding 2 of 2 1. Circle actual speed when violator is traveling 25 MPH or more over speed limit. Traffic infraction observed, unable 1. to serve summons Report circumstances to commanding officer, who may direct member to apply for court summons. Missing Meter Number 1. Determine number from numbers of adjoining meters. Overtime Parking 1. Enter time of observation. Possession of 25 grams or less of 1. Marijuana (Sec. 221.05, Penal Law) Serve summons returnable to Summons Part, Criminal Court, only if no other charges are involved. NOTE Marijuana gram content of each cigarette determines cumulative weight. Usually 129 marijuana cigarettes DO NOT EXCEED 25 grams. Owner of motor vehicle reports that 1. summons was served or delinquency notice received during period when vehicle/registration plates were reported 2. stolen Desk officer will have two copies of VERIFICATION OF STOLEN MOTOR VEHICLE/PLATES (PD371152) prepared AFTER verifying theft. A copy will be given to the registered owner/operator and the other copy filed. Las Vegas Nights (unlicensed) Uniformed member of the service will notify desk officer. Request patrol supervisor to respond. Serve summons for violation of Administrative Code, returnable to Criminal Court-Summons Part. Comply with applicable provisions of P.G. procedure 212-12, “Citywide Intelligence Reporting System.” If licensee violates provisions of license, the patrol supervisor will notify Operations Unit by telephone, and comply with applicable provisions of P.G. procedure 212-12, as indicated above. 1. 2. 3. 4. 5. Graffiti or unauthorized sale or 1. display or aerosol paint cans and broad tipped magic markers (Section 10-117, Administrative Code) (Class “B” Misdemeanor) Criminal Court Summons, if eligible. RELATED PROCEDURE Citywide Intelligence Reporting System (P.G. 212-12) FORMS AND REPORTS ADMINISTRATIVE CODE VIOLATION NOTICE (PD372-151) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) VERIFICATION OF STOLEN MOTOR VEHICLE/PLATES (PD371-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-17 REPORT INSTEAD OF SUMMONS DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To inform other city agencies of violations of licensing requirements or other agency regulations. PROCEDURE When a uniformed member of the service observes any of the offenses listed below: a. Health Code - Section 87.03 (restaurants require Health Department permit) UNIFORMED MEMBER OF THE SERVICE 1. 2. COMMANDING 3. OFFICER 4. FORMS AND REPORTS b. Administrative Code - Sections B32-58.0 through B32-75.0 (size and location of licensed sidewalk stands) c. Regulations of Department of Consumer Affairs except: Cabarets Garages Catering establishments Parking lots Coffee houses Public dance halls DO NOT serve summons. Report facts, in writing, to commanding officer. Forward two copies of report on Typed Letterhead to Chief of Department. Forward copy of report to command of occurrence if offense occurred within another command. Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-18 SUMMONS SERVED OR PREPARED IN ERROR DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To investigate the circumstances concerning issuance of a summons in error. PROCEDURE When a uniformed member of the service issues or prepares a summons in error: WHEN ALL PARTS OF SUMMONS ARE AVAILABLE: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. COMMANDING 4. 5. OFFICER 6. 7. Bring all parts of summons to the command. Inform commanding officer of the facts. Surrender all parts of the summons to commanding officer. Conduct investigation. Prepare SUMMONS VOIDANCE FORM (PD160-153). a. Ensure summons is scanned into the Electronic Summons Tracking System (ESTS) utilizing bar code reader. b. If bar code reader is inoperable, entries will be made into ESTS manually. c. Notify patrol borough of defective/inoperable bar code reader and obtain replacement. d. Enter notification in Telephone Record. Mark all copies of summons “Void” across face. Forward first two copies of FORM with all parts of summons to Chief of Department, Investigation Review Section, DIRECT. WHEN VIOLATOR'S PART IS NOT AVAILABLE OR PARTS HAVE BEEN FORWARDED FOR PROCESSING: COMMANDING 8. 9. OFFICER 10. 11. 12. Conduct investigation. Prepare SUMMONS VOIDANCE FORM (PD160-153). a. Ensure summons is scanned into ESTS utilizing bar code reader b. If bar code reader is inoperable, entries will be made into ESTS manually c. Notify patrol borough of defective/inoperable bar code reader and obtain replacement d. Enter notification in Telephone Record. Confer with Commanding Officer, Investigation Review Section prior to processing report of investigation, IF agency copy of summons has been forwarded to the appropriate adjudicating agency prior to discovery of error, or is otherwise unavailable. DO NOT deal directly with adjudicating agency in these cases. DO NOT mark copies of summons “VOID”. Forward first two copies of SUMMONS VOIDANCE FORM with available copies of summons to Chief of Department Investigation Review Section, through channels. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-18 REVISION NUMBER: PAGE: 08/01/13 2 of 2 COMMAND CLERK 13. File remaining copy of SUMMONS VOIDANCE FORM with photocopy of summons. ADDITIONAL DATA The Commanding Officer, Investigation and Review Section will ensure that one copy of the SUMMONS VOIDANCE FORM is forwarded to the Chief of Internal Affairs when a summons is voided for Penal Law Section 240.35, “Loitering” subsections 1, 3 or 7. FORMS AND REPORTS SUMMONS VOIDANCE FORM (PD160-153) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-19 TRANSIT ADJUDICATION BUREAU - NOTICE OF VIOLATION AND HEARING SERVED OR PREPARED IN ERROR DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide a procedure for the voiding of Transit Adjudication Bureau Notices of Violation and Hearing (TAB/NOV) which have been prepared in error. PROCEDURE When a uniformed member of the service issues or prepares a TAB/NOV in error. WHEN ALL COPIES OF THE TAB/NOV ARE AVAILABLE: UNIFORMED MEMBER OF THE SERVICE 1. 2. Bring all three parts of the TAB/NOV to the district/unit office and inform commanding officer of the facts. Surrender all parts of the TAB/NOV to the commanding officer. COMMANDING 3. 4. OFFICER 5. 6. Conduct an investigation. Prepare SUMMONS VOIDANCE FORM (PD160-153). Mark all copies of TAB/NOV “VOID” across face. Forward first copy of FORM with all parts of the TAB/NOV to the Chief of Transit Bureau, DIRECT. a. Retain second copy of completed SUMMONS VOIDANCE FORM and a photocopy of the TAB/NOV on file with the integrity control officer. b. Return last copy of completed SUMMONS VOIDANCE FORM to the issuing uniformed member of the service for subsequent submission along with CERTIFICATION OF TAB/NOV SERVED (PD160-147) and the remaining “Officer” copies of issued TAB/NOV. c. Forward a photocopy of the TAB/NOV and SUMMONS VOIDANCE FORM to the Transit Borough concerned for informational purposes. COMMANDING 7. OFFICER, TRANSIT BUREAU/ DESIGNEE Review SUMMONS VOIDANCE FORM and endorse accordingly. a. Have entire package placed in an annual file marked, “VOIDED TAB/NOV” and retain for five years, if request is approved. b. Have entire package forwarded to Commanding Officer, Transit Bureau Investigation Unit for review and comment, when appropriate, if request is disapproved. NOTE In other cases, return package to originating command for additional information, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-19 REVISION NUMBER: PAGE: 08/01/13 2 of 2 WHEN RECIPIENT IS NO LONGER PRESENT WITH THE RESPONDENT’S COPY OF THE TAB/NOV - OR - DEPARTMENT COPY (WHITE) HAS BEEN FORWARDED FOR PROCESSING: UNIFORMED MEMBER OF THE SERVICE 8. 9. Bring remaining parts of the TAB/NOV to the district/unit office and inform commanding officer of the facts. Surrender remaining parts of the TAB/NOV to the commanding officer. COMMANDING 10. 11. OFFICER 12. 13. Conduct an investigation. Prepare SUMMONS VOIDANCE FORM. DO NOT mark remaining copies of the TAB/NOV “VOID.” Forward first copy of SUMMONS VOIDANCE FORM with all parts of the TAB/NOV to the Chief of Transit Bureau, THROUGH CHANNELS. a. Retain second copy of completed SUMMONS VOIDANCE FORM and a photocopy of the TAB/NOV on file with the integrity control officer. b. Return last copy of completed SUMMONS VOIDANCE FORM to the issuing uniformed member of the service for subsequent submission along with CERTIFICATION OF TAB/NOV SERVED CARD and the remaining “Officer” copies of issued TAB/NOV. CHIEF OF TRANSIT BUREAU/ DESIGNEE 14. Review SUMMONS VOIDANCE FORM and endorse accordingly. a. Mark the TAB/NOV “VOID”, if request is approved. (1) Forward photocopies of the TAB/NOV and the SUMMONS VOIDANCE FORM to the Director, Transit Adjudication Bureau. (2) Have entire package placed in an annual file marked,, “VOIDED TAB/NOV” and retain for five years. b. Have entire package forwarded to the Commanding Officer, Transit Bureau Investigation Unit for review and comment, if disapproved. NOTE In other cases, return package to originating command for additional information, etc. ADDITIONAL DATA When a uniformed member of the service determines that he/she made a clerical error on a TAB/NOV PRIOR TO THE ISSUANCE OF THE RESPONDENT’S COPY, the uniformed member concerned shall immediately issue a properly prepared TAB/NOV to the respondent and return all copies of the improperly prepared TAB/NOV to their commanding officer for processing in accordance with this procedure. FORMS AND REPORTS SUMMONS VOIDANCE FORM (PD160-153) CERTIFICATION OF TAB/NOV SERVED (PD160-147) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-20 SUMMONS SERVED OUTSIDE PERMANENT COMMAND DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To record and account for summonses served outside the permanent command of uniformed member of the service. PROCEDURE After a uniformed member serves a summons in a command other than his/her permanent command, follow normal summons procedure and: SUMMONSING MEMBER 1. NOTE Separate SUMMONS RECEIPTS MUST BE prepared when: a. Summonses issued are returnable to different adjudicating agencies b. Summonses are returnable on different dates c. Summonses are issued from different summons packets. 2. DESK OFFICER 3. 4. 5. Prepare two copies of SUMMONS RECEIPT (PD260-011). Deliver appropriate parts of summonses and RECEIPT to desk officer, precinct of occurrence. Check summonses against those listed on RECEIPT. Sign copy of RECEIPT and return to summonsing member. Attach remaining copy of RECEIPT to summons listed thereon. 6. Deliver RECEIPT to desk officer of permanent command at completion of tour. DESK OFFICER 7. 8. 1ST PLATOON 9. Ascertain that summonses listed on RECEIPT have been processed. Sign and date RECEIPT. Forward RECEIPT in multi-use envelope to command of summonsing member. SUMMONSING MEMBER COMMAND CLERK, SUMMONSING MEMBER’S COMMAND 10. 11. 12. 13. Ascertain that copy of RECEIPT is received from precinct of record within seven days after date of service of summons. Compare both copies of RECEIPT for discrepancy. File copy of RECEIPT with related CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) or CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146). Destroy remaining copy of RECEIPT. ADDITIONAL DATA The Citywide Traffic Task Force and the Highway District are commands of record for summonses served within their territorial jurisdictions by uniformed members of the service assigned to these commands. RELATED PROCEDURES Summons Served Outside Permanent Command - Papers Lost (P.G. 209-21) FORMS AND REPORTS CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146) SUMMONS RECEIPT (PD260-011) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-21 SUMMONS SERVED OUTSIDE PERMANENT COMMAND PAPERS LOST DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To provide adjudicating agency with copy of summons complaint if original copy is lost. PROCEDURE If a discrepancy is discovered between the SUMMONS RECEIPT (PD260-011) and the summons issued or if the SUMMONS RECEIPT and/or copies of the summons are lost: COMMANDING 1. 2. OFFICER OF SUMMONSING MEMBER Conduct investigation of the circumstances. Notify commanding officer of command of record if SUMMONS RECEIPT not received. IF SUMMONS WAS PROPERLY RECORDED AND PROCESSED BUT RECEIPT IS LOST: CLERK COMMAND OF RECORD 3. 4. 5. 6. Check command records/files. Prepare SUMMONS RECEIPT if unable to locate receipt and mark across face “Duplicate.” Deliver receipt to desk officer for signature. Forward duplicate receipt to commanding officer of summonsing member. IF COMPLAINT COPY OF SUMMONS IS LOST: CLERK COMMAND OF RECORD 7. 8. 9. 10. 11. Duplicate summonsing member’s copy of summons. Prepare report to adjudication agency on OFFICIAL LETTERHEAD (PD158-151) indicating that the complaint copy of the summons was lost and the member’s copy is being substituted for the complaint copy. Deliver report to commanding officer for signature. Forward report and member’s copy of summons to adjudicating agency as original summons. Give summonsing member duplicate copy of summons for submission with CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) or CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146). RELATED PROCEDURE Summons Served Outside Permanent Command (P.G. 209-20) FORMS AND REPORTS CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146) SUMMONS RECEIPT (PD260-011) OFFICIAL LETTERHEAD (PD158-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-22 SUMMONS NOTIFICATION DATE ISSUED: 09/06/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 1 of 2 PURPOSE To notify agencies or units concerned in certain summons cases. PROCEDURE When a summons has been served for the following offenses, follow normal summons processing procedure and: DESK OFFICER 1. Make telephone notification to agency concerned as indicated below: OFFENSE NOTIFY a. Soliciting contributions in public (Section 603-11.0, Administrative Code.) Department of Social Services b. Traffic offense by operator of Parks Department vehicle. Parks Department, Director of Maintenance c. Moving traffic infraction committed by school bus operator while actually transporting children. NYC Department of Education, Office of Pupil Transportation d. Summonses issued to private carting vehicle for moving violations under the NYS Vehicle and Traffic Law and the NYC Traffic Rules; violations of the Environmental Control Board; and, violations of the NYC Department of Consumer Affairs or the NYC Department of Health. Business Integrity Commission 2. NOTE Forward REPORT OF VIOLATION (PD672-151) to: a. Department of Consumer Affairs when summons issued to towing car owner or driver. Tow trucks of certain organizations and tow truck operators who are employed by and are actually operating a tow truck of such organization are exempt from Department of Consumer Affairs licensing regulations. Those EXEMPT ORGANIZATIONS are: a. Governmental agencies b. Franchise public transportation companies c. Taxi companies - licensed by Taxi and Limousine Commission d. School bus companies (as defined in VTL) e. Public utility companies f. Motor vehicle rental agencies. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-22 REVISION NUMBER: PAGE: 09/06/13 DESK OFFICER 3. (continued) 4. 2 of 2 Prepare report on OFFICIAL LETTERHEAD (PD158-151) and forward direct to Bureau of Enforcement, N.Y.C. Department of Air Resources, 120 Wall Street, New York 10005, when a summons is served for an air pollution violation (other than a smoking vehicle). Report will include: a. Summons number b. Violation (full section number) c. Time and date d. Place of occurrence e. Details f. Defendant’s name and address g. Rank, name, shield number and command of summonsing officer. Forward a duplicate copy of summons served for violation of Section 11-801, Administrative Code “no commercial motor vehicle tax stamp” to the Chief of Department, Investigation and Review Section accompanied by a Typed Letterhead indicating reason summons was served. a. Investigation and Review Section will forward the duplicate summons to New York City Department of Finance. RELATED PROCEDURES Conditions of Service (P.G. 209-01) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) FORMS AND REPORTS OFFICIAL LETTERHEAD (PD158-151) REPORT OF VIOLATION (PD672-151) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-23 TAXI AND LIMOUSINE COMMISSION NOTIFICATIONS RE: VIOLATIONS AND ENFORCEMENT ACTION DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 2 PURPOSE To notify the New York City Taxi and Limousine Commission when enforcement action is taken for violations committed by taxicab/taxi and limousine plate owners/operators, or operators of vehicles, which should be regulated by the Taxi and Limousine Commission and to report other violations for which no enforcement action was taken or was inappropriate. DEFINITION ENFORCEMENT ACTION - For the purpose of this procedure includes, but is not limited to, the issuance of: a. Summonses for moving violations, b. Summonses for violations returnable to Criminal Court, AND c. Notices of Violation and Hearing returnable to the New York City Environmental Control Board. NOTE A REPORT OF VIOLATION (PD672-151) will not be prepared when a summons or Notice of Violation and Hearing is issued as described above. PROCEDURE Upon taking any enforcement action against owners/operators of vehicles licensed or those owners/operators of vehicles that should be licensed by the New York City Taxi and Limousine Commission: UNIFORMED MEMBER OF THE SERVICE 1. Comply with P.G. 209-09, “Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court” or P.G. 209-12, “Environmental Control Board Notice of Violation and Hearing General Procedure,” as appropriate. TRAFFIC SAFETY OFFICER 2. Make two photocopies of front of original summons/Notice of Violation and hearing. Enter next sequential number from “Report of Violation” log on the top of each photocopy of summons/Notice of Violation and Hearing. Have one photocopy of summons or Notice of Violation and Hearing forwarded to the New York City Taxi and Limousine Commission, in lieu of REPORT OF VIOLATION. File second copy of summons or Notice of Violation and Hearing in rear of “Report of Violation” log or command file. 3. 4. 5. NOTE A REPORT OF VIOLATION will continue to be prepared in those instances where operators of taxicabs/Taxi and Limousine Commission licensed vehicles or operators of vehicles that should be licensed by the Taxi and Limousine Commission are arrested or become aided cases (see P.G. 208-58, “Arrest of Taxicab and/or Tow Truck Owners/Operators,” and 216-10, “Taxicab Drivers”). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-23 REVISION NUMBER: PAGE: 08/19/13 2 of 2 WHEN A CIVILIAN PASSENGER OR MEMBER OF THE SERVICE REPORTS A VIOLATION FOR WHICH ENFORCEMENT ACTION IS NOT NECESSARY OR POSSIBLE (e.g. COMPLAINT OF DIRTY TAXI, FARE DISPUTE, ETC.) DESK OFFICER 6. 7. 8. 9. Cause preparation of REPORT OF VIOLATION (PD672-151). Obtain following information from complainant, if possible: a. Driver's identification number. b. Driver's name and date of birth. c. Medallion number of vehicle. Insert New York State registration number on REPORT OF VIOLATION when above information cannot be obtained. Forward one copy of REPORT OF VIOLATION to Taxi and Limousine Commission. a. File other copy in precinct. Licensees are required to cooperate with Police Department in the performance of their duties particularly with regard to the following regulations: a. Licensees may not conceal evidence of crime nor voluntarily aid violators of law to escape arrest. b. Licensees are required to immediately report to the Police Department any unlawful acts directly connected with their licensed vehicles, or any use or attempt to use their vehicles in connection with a crime or escape from the scene of a crime. ADDITIONAL DATA Any member of the service who has occasion to inspect a taxicab that is involved in a collision, operated in violation of law, or used in the commission of a crime, will make an inspection of such taxicab in respect to its mechanical condition. Member will note all defects and report the facts, through the commanding officer, to the Taxi and Limousine Commission. If an arrest is made, a record and disposition will be included in the report. The desk officer will adjudicate fare disputes. Failure to comply with the decision will subject offender to a charge of Theft of Services, Section 165.15, subdivision 3, Penal Law. Upon payment of fare, driver is required to give passenger a receipt. Adjudication of fare dispute does not deprive passenger of the right to report violations of Taxi and Limousine Commission Rules and Regulations. The desk officer will record such allegations on REPORT OF VIOLATION and forward as indicated above. RELATED PROCEDURES Arrest of Taxicab and/or Tow Truck Owners/Operators (P.G. 208-58) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Environmental Control Board Notice of Violation and Hearing - General Procedure (P.G. 209-12) Taxicab Drivers (P.G. 216-10) Taxicab Violations (A.G. 321-17) FORMS AND REPORTS REPORT OF VIOLATION (PD672-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-24 MANDATORY DRIVER’S LICENSE CHECKS DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 2 PURPOSE To identify persons operating vehicles with suspended/revoked licenses by conducting mandatory driver’s license checks. SCOPE Mandatory driver’s license checks are to be conducted when uniformed members of the service respond to: a. Traffic collisions involving death or physical injury (whether injury is observed or complained of). b. Traffic collisions regardless of injuries, if RMP is equipped with a Mobile Digital Terminal (computer). c. Car stops and the vehicle operator does not present a New York State driver’s license. d. All car stops if the RMP is equipped with a Mobile Digital Terminal (computer). e. Other situations, e.g., arrest, traffic violation, etc., which under the circumstances require further investigation. PROCEDURE When conducting a mandatory driver’s license check: UNIFORMED MEMBER OF THE SERVICE 1. 2. ADDITIONAL DATA Request response of RMP equipped with mobile digital terminal (computer). a. Request Communications Section conduct driver’s license check, if computer equipped vehicle is not available. Comply with P.G. 209-26, “Suspended or Revoked Vehicle Operator’s License,” if computer or other check discloses that operator is driving with a suspended/revoked license. DMV COMPUTER INOPERATIVE If the Department of Motor Vehicles computer is inoperative, the license check as described in this procedure cannot be conducted. When circumstances do not warrant detention and the operator of the vehicle possesses a valid driver’s license, vehicle registration, insurance card, etc., the uniformed member of the service concerned will make an entry in his/her ACTIVITY LOG (PD112-145) and include the operator’s name, address, telephone number, date of birth, and driver’s license number. SEARCH OF DMV RECORDS Uniformed members of the service should be guided by the following indicators when conducting license/name checks of motor vehicle operators: a. b. When conducting license/name checks always run a group search of the last name, first name, and sex without the date of birth or any middle initial (common names such as Smith, Garcia, etc. may prohibit such a search due to the large number of responses generated). Examine DMV files containing the same name/address with different dates of birth. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-24 PAGE: 08/19/13 c. ADDITIONAL DATA (continued) REVISION NUMBER: d. e. f. 2 of 2 Examine motor vehicle operator’s documents to determine if identification with other names, addresses, or dates of birth are possessed. Invoice any items found suggesting additional driving records/identifications. Be alert to out-of-state licenses which may have been issued under lax identification standards. Review a suspect’s criminal history in Department databases such as C.A.R.S. and B.A.D.S. to ascertain additional aliases, addresses, or dates of birth. Fill out CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST (PD135160) form, if applicable. Attach all pertinent supporting data and submit to desk officer for review, before distributing as per instructions on form. FALSE PERSONATION When attempting to ascertain a prisoner’s identity, the uniformed member of the service concerned should inform the prisoner that knowingly misrepresenting his or her actual name, date of birth, or address to a police officer, with intent to prevent a police officer from ascertaining such information, is punishable as a crime. Prisoners who knowingly misrepresent their pedigree information should be charged under Penal Law 190.23 (False Personation, B. Misd.). RELATED PROCEDURES Suspended or Revoked Vehicle Operator’s License (P.G. 209-26) Vehicle Collisions - General Procedure (P.G. 217-01) Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury (P.G. 217-02) FORMS AND REPORTS ACTIVITY LOG (PD112-145) CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST (PD135-160) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-25 PROCESSING WARRANT CHECKS OVER CITYWIDE I AND II RADIO DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide uniformed members of the service with over the air access, via Citywide I and Citywide II radio, to federal, state and local warrant databases. DEFINITIONS For the purposes of this procedure the following radio codes will be utilized: 10-18 Utilization of this response code signal indicates that, on the basis of the information provided, the individual concerned appears to be wanted on a warrant. 10-19 This response code indicates that, on the basis of the information provided, the individual concerned is not wanted on a warrant based on the WINQ/WNAM inquiry. PROCEDURE Prior to issuing a summons returnable to Criminal Court or Traffic Violations Bureau in the field, a uniformed member of the service will conduct a federal, state and local warrant check on all individuals. UNIFORMED MEMBER OF THE SERVICE 1. Notify Communications Section radio dispatcher of the nature and location of the stop, including whether a one or two person unit. IF ASSIGNED TO RMP OR OTHER DEPARTMENT VEHICLE EQUIPPED WITH A MOBILE DIGITAL TERMINAL (MDT) UNIFORMED MEMBER OF THE SERVICE 2. 3. NOTE Conduct a federal and state warrant check using the "WINQ" function on the individual to be summonsed. a. Remove individual to command facility for further investigation, if the "WINQ" check reveals the possibility of an outstanding warrant. (1) Conduct additional warrant check (WNAM) at the command facility. Perform a local warrant check, if the "WINQ" check reveals that the individual is NOT wanted on a warrant, by switching to the appropriate Citywide radio frequency (CW 1 or CW 2) and requesting the dispatcher to conduct a local warrant check ("WNAM"). Citywide I (CW 1) radio frequency will be utilized by uniformed members assigned to or operating within Patrol Boroughs Manhattan North and South and Patrol Borough Bronx. Citywide II (CW 2) radio frequency will be utilized by uniformed members assigned to, or operating within Patrol Boroughs Queens North and South, Patrol Borough Staten Island, Patrol Borough Brooklyn South and Patrol Borough Brooklyn North. a. Only the uniformed member initiating the stop will switch frequencies; all other uniformed members will remain on the Communications Section frequency. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-25 REVISION NUMBER: PAGE: 08/01/13 2 of 2 CITYWIDE DISPATCHER 4. Notify uniformed member concerned utilizing radio code signal “10-18,” if the individual is wanted on a warrant. UNIFORMED MEMBER CONCERNED 5. Remove the individual to the command facility for further investigation. CITYWIDE DISPATCHER 6. Notify uniformed member concerned utilizing radio code signal “10-19,” if the individual is not wanted on a warrant. UNIFORMED MEMBER CONCERNED 7. Issue summons and release the individual. IF ASSIGNED TO FOOT PATROL OR TO A VEHICLE NOT EQUIPPED WITH A MOBILE DIGITAL TERMINAL (MDT) AND/OR THERE IS NO IMMEDIATE ACCESS TO A DEPARTMENT CELL PHONE: UNIFORMED MEMBER OF THE SERVICE 8. 9. Request response of available vehicle equipped with a Mobile Digital Terminal. a. Comply with steps 1 through 3 above, if Mobile Digital Terminal equipped vehicle is available. Request the appropriate Citywide radio dispatcher to process the federal, state, and local warrant checks, if a Mobile Digital Terminal equipped vehicle is not available. CITYWIDE DISPATCHER 10. Notify uniformed member concerned utilizing radio code signal “10-19,” if the individual is not wanted on a warrant. UNIFORMED MEMBER CONCERNED 11. Issue summons and release the individual. CITYWIDE DISPATCHER 12. Notify uniformed member concerned utilizing radio code signal “10-18,” if the warrant check reveals that the individual is possibly wanted on a warrant. UNIFORMED MEMBER CONCERNED 13. Remove the individual to the command facility for further investigation. NOTE If the warrant check is being conducted by a uniformed member performing solo patrol duty and results in the individual being wanted on a warrant, the Citywide dispatcher shall immediately notify the appropriate Communications Section radio dispatcher to direct an available two person unit to respond to the scene. Upon arrival of additional units, the uniformed member detaining the individual will remove the individual to the command facility for further investigation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-26 SUSPENDED OR REVOKED VEHICLE OPERATOR’S LICENSE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To remove and process driver’s licenses that have been suspended/revoked. PROCEDURE When a uniformed member of the service stops a vehicle and discovers that the operator is driving with a suspended/revoked drivers license: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. NOTE Confiscate driver’s license. Prepare SEIZED DRIVER’S LICENSE RECEIPT/REPORT (PD634-152) and CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST (PD135-160) form, if applicable. Give operator of vehicle receipt for license by utilizing original copy of bottom half of SEIZED DRIVER’S LICENSE RECEIPT/REPORT. a. If operator has any suspensions or his/her license has been revoked for any reason, remove to command and process for Desk Appearance Ticket (DAT). If ineligible for DAT continue arrest processing and bring FINEST printout, if available, to Central Booking with prisoners. See New York State Vehicle and Traffic Law Section 511[1][a], 511[2][a], and 511[3][a] (effective 11-1-93), for appropriate charges. 4. 5. Do not mark or mutilate license in any manner. Have violator’s vehicle parked in legal parking area until registered owner can arrange to have vehicle removed from scene by licensed operator. DESK OFFICER 6. Forward confiscated license with original top half of SEIZED DRIVER’S LICENSE RECEIPT/REPORT and CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST form, if appropriate, as directed. a. Review for accuracy CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST form prior to forwarding. File duplicate copy of SEIZED DRIVER’S LICENSE RECEIPT/REPORT and CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST form, if applicable, in command. 7. IF VIOLATOR CLAIMS SUSPENSION/REVOCATIONS HAVE BEEN REMOVED AND CONDITION CORRECTED WITHIN PAST FOURTEEN DAYS: UNIFORMED MEMBER OF THE SERVICE 8. Request violator to produce one of following documents: a. Newly validated license, OR b. Temporary license, OR c. Department of Motor Vehicle receipt or communication (with number of original suspension/revocation order). (1) If documents presented are dated AFTER suspension or revocation order, such documents will verify that license is no longer suspended/revoked. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-26 REVISION NUMBER: PAGE: 08/01/13 UNIFORMED MEMBER OF THE SERVICE (continued) 9. ADDITIONAL DATA SEARCH OF DMV RECORDS 10. 2 of 2 Telephone local office of Department of Motor Vehicles (between 0830 and 1600 hours, Monday through Friday) for verification, if operator does not produce the requested documents. Request verification of claim from the FINEST System, when offices of Department of Motor Vehicles are closed. a. If verification cannot be made, comply with normal summons/arrest procedure and advise violator to report to his/her local Department of Motor Vehicles office and obtain a temporary license until original license is returned. Uniformed members of the service should be guided by the following indicators when conducting license/name checks of motor vehicle operators: a. b. c. d. e. f. When conducting license/name checks always run a group search of the last name, first name, and sex without the date of birth or any middle initial (common names such as Smith, Garcia, etc. may prohibit such a search due to the large number of responses generated). Examine DMV files containing the same name/address with different dates of birth. Examine motor vehicle operator’s documents to determine if identification with other names, addresses, or dates of birth are possessed. Invoice any items found suggesting additional driving records/identifications. Be alert to out-of-state licenses which may have been issued under lax identification standards Review a suspect’s criminal history in Department databases such as C.A.R.S. and B.A.D.S. to ascertain additional aliases, addresses, or dates of birth. Fill out CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST form, if applicable. Attach all pertinent supporting data and submit to desk officer for review, before distributing as per instructions on form. FALSE PERSONATION When attempting to ascertain a prisoner’s identity, the uniformed member of the service concerned should inform the prisoner that knowingly misrepresenting his or her actual name, date of birth, or address to a police officer, with intent to prevent a police officer from ascertaining such information, is punishable as a crime. Prisoners who knowingly misrepresent their pedigree information should be charged under Penal Law 190.23 (False Personation, B. Misd.). RELATED PROCEDURES Desk Appearance Ticket - General Procedure (P.G. 208-27) Suspension and Revocation Orders (P.G. 212-80) FORMS AND REPORTS SEIZED DRIVER’S LICENSE RECEIPT/REPORT (PD634-152) CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST (PD135-160) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-27 SERVICE OF A SUMMONS - REMOVAL OF IGNITION KEY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To reduce incidents of auto theft. PROCEDURE When a uniformed member of the service observes the key in the ignition of an unattended motor vehicle for more than three minutes: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. DESK OFFICER 8. 9. FORMS AND REPORTS Lock ignition. Remove key. Prepare two copies of REMOVAL OF IGNITION KEY (PD571-121). Attach one copy of REMOVAL OF IGNITION KEY to steering wheel and attach remaining copy to key. Prepare summons for violation of Administrative Code, returnable to Parking Violations, and place on windshield. Give summons and key to violator and destroy REMOVAL OF IGNITION KEY, if violator returns while member is at scene. Deliver key with attached tag to desk officer if violator does not return. Return key to violator upon appearance at command. Invoice key to Property Clerk and destroy REMOVAL OF IGNITION KEY if not claimed within forty-eight hours. REMOVAL OF IGNITION KEY (PD571-121) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-28 UNLICENSED TOW TRUCK OPERATORS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To summons an unlicensed tow truck operator. DEFINITIONS For the purpose of this procedure the following definitions will be utilized: EXEMPT TOW TRUCK - A tow truck owned or operated by/for: a. A governmental agency b. A vehicle dismantler c. Franchised public transportation d. A bus company e. A utility company f. An owner of a taxi(s) or a livery vehicle which is licensed to operate by the Taxi and Limousine Commission g. A school bus company h. A vehicle rental agency. TOWING - The moving of a vehicle where a fee, charge or other consideration is directly or indirectly imposed for such moving or where the towing service is performed by a person engaged in the servicing or repairing of vehicles. PURPOSE When a uniformed member of the service observes an unlicensed tow truck operator: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Uniformed members of the service observing an unlicensed tow truck parked unattended will prepare a REPORT OF VIOLATION and complete as fully as possible. 2. 3. NOTE Issue summons, if operator is eligible, for violation of Administrative Code Section 20-496(b), returnable to Criminal Court. Prepare REPORT OF VIOLATION (PD672-151), and enter under “Details”: a. Violation of Unlicensed Tow Truck Operator, Administrative Code, Section 20-496(b). b. List registered owner/address from the Certificate of Registration. If Certificate of Registration is not available, issue summons and obtain FINEST printout of the identity and address of registered owner. Submit REPORT OF VIOLATION with FINEST System printout of registered owner if applicable, to the desk officer. It is of extreme importance that the REPORT OF VIOLATION be properly prepared since information contained thereon forms the basis for subsequent imposition of administrative sanctions by the Department of Consumer Affairs. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-28 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 4. 5. 2 of 2 Review the REPORT OF VIOLATION for completeness and accuracy. Forward the white and blue copy, with FINEST printout of registered owner attached, when applicable, to the Department of Consumer Affairs, Licensing Enforcement Section, 42 Broadway, New York, New York 10004. ADDITIONAL DATA Each person operating a tow truck must have in their possession a Tow Truck Operator Driver’s License issued by the Department of Consumer Affairs. These licenses include the name of the driver, identification number and photo. RELATED PROCEDURES Arrest of Taxicab and/or Tow Truck Owners/Operators (P.G. 208-58) Conditions of Service (P.G. 209-01) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G.209-09) Summons Notifications (P.G.209-22) Appearances at Department of Consumer Affairs (P.G. 211-13) FORMS AND REPORTS REPORT OF VIOLATION (PD672-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-29 SEIZURE OF UNLICENSED TOW TRUCK DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 8 PURPOSE To seize unlicensed tow trucks that are required to be licensed by the New York City Department of Consumer Affairs. DEFINITIONS TOW TRUCK - shall mean a vehicle that is equipped with a crane, winch, tow bar, push plate or other device designed to pull, push, or raise a vehicle from the front or rear. TOWING - A tow truck being driven or operated on public streets whether or not it is actually transporting another vehicle. Towing shall also include the offering to transport a vehicle by means of a tow truck. An employee of a repair shop registered pursuant to Article 12A of the New York State Vehicle and Traffic Law shall not be deemed to be engaged in "towing " when such employee test drives a tow truck that has been repaired or is to be repaired by such repair shop, and the tow truck is not transporting another vehicle, and the test drive takes place within a one mile radius of the repair shop’s premises. NOTE EXEMPT TOW TRUCK - Tow trucks owned or operated by/for the following entities are exempt from this procedure: a. Government agency b. Vehicle dismantler c. Franchised public transportation d. Bus company e. Utility company f. Taxi/livery vehicle owner who is licensed to operate by the Taxi and Limousine Commission g. School bus company h. Vehicle rental agency NOTE Exempt tow trucks will be identified by a sticker. This exemption sticker is affixed to the right inside portion of the windshield next to the vehicle’s tax stamp. In addition to the exempt vehicles listed above, there are certain tow trucks which shall not be subject to seizure under this procedure. These include company owned trucks that are used to tow only company owned vehicles, e.g., oil companies, bakeries, etc. Additionally, tow trucks from outside New York City that are passing through or merely picking up or dropping off a vehicle within New York City are not subject to this procedure. PROCEDURE When a uniformed member of the service observes a tow truck not licensed by the New York City Department of Consumer Affairs or not bearing an exemption sticker engaged in towing as defined above: UNIFORMED MEMBER OF THE SERVICE 1. Determine if the operator of the tow truck has the following: a. A New York State driver’s license with tow truck endorsement. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-29 REVISION NUMBER: PAGE: 08/19/13 2 of 8 Section 501(b)(viii) of the Vehicle and Traffic Law requires that a driver’s license bear a “CT” endorsement in order for the holder to operate a tow truck. NOTE UNIFORMED MEMBER OF THE SERVICE (continued) b. c. 2. 3. 4. Department of Consumer Affairs tow truck driver's license. See ADDITIONAL DATA for description of a properly licensed tow truck and companion graphic. Ascertain whether tow truck is: a. Exempt, or b. Registered in New York City or, c. The tow company's place of business is within New York City. Verify that the tow truck and/or the vehicle being towed are not stolen. a. Comply with appropriate procedures if either vehicle is reported stolen. Request the response of the patrol supervisor. PATROL SUPERVISOR 5. NOTE If doubt exists, direct the member to prepare a REPORT OF VIOLATION (PD672151) only and release the tow truck. 6. 7. Respond to the scene and verify that the tow truck to be seized meets the appropriate criteria. Direct the officer to issue summons as necessary for other violations observed, if appropriate. Advise the officer to obtain sufficient information regarding the tow truck and towed vehicle for preparation of a PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). NOTE If the owner/operator of the vehicle being towed by the unlicensed tow truck is present, release the vehicle to the owner/operator but do not release the unlicensed tow truck. A description of the vehicle released must be entered in the “Remarks” section of the INVOICE. If the vehicle was involved in a collision, the officer will offer the owner of the vehicle the services of the Directed Accident Response Program (DARP). If the vehicle was merely being towed by an unlicensed tow truck and the owner is present, advise the owner of the vehicle that he may have his vehicle towed by any licensed tow company of his choice or by the responding Department of Consumer Affairs contracted tow company. PATROL SUPERVISOR 8. Provide the member with a Department of Consumer Affairs Summons/Notice of Violation and Hearing. UNIFORMED MEMBER OF THE SERVICE 9. Prepare Summons/Notice of Violation and Hearing. a. Include in "Details of Violation” section the vehicle identification number (VIN) of the tow truck seized. b. Select a return date within five business days of the seizure for either 0930 or 1400 hours. c. Issuing officer must appear at the Department of Consumer Affairs on the selected return date. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-29 REVISION NUMBER: PAGE: 08/19/13 3 of 8 NOTE The return date selected will not be the same day as the seizure, nor on a regularly scheduled day off (RDO) of the member issuing the summons. UNIFORMED MEMBER OF THE SERVICE (continued) 10. Deliver the pink copy of the summons to the tow truck driver. a. Retain remaining copies and bring them to the Department of Consumer Affairs hearing on the return date. b. Deliver the buff (hard) copy to the patrol supervisor. PATROL SUPERVISOR 11. Advise member that the Department of Consumer Affairs approved towing company will be contacted to respond to the scene. NOTE The patrol supervisor will advise the member that the responding Department of Consumer Affairs approved tow company must have a Department of Consumer Affairs Vehicle Transfer Authorization - Acknowledgment of Transfer properly signed and embossed with a raised seal. In certain instances involving heavy-duty tows the authorized Department of Consumer Affairs tow company may subcontract the tow to one of the alternate tow companies listed in the Additional Data section. The alternate tow company will present a fax copy of the Department of Consumer Affairs Vehicle Transfer Authorization - Acknowledgment of Transfer to the member. The alternate authorized company must remove the vehicle to the primary authorized tow company's storage location. The member of the service may contact the primary authorized tow company. The primary authorized tow company will, upon request, arrange to have a copy of the original Vehicle Transfer Authorization and Acknowledgment delivered to the member’s command. 12. 13. NOTE Respond to the command and contact the Department of Consumer Affairs approved contracted towing company (see ADDITIONAL DATA for approved tow company). Provide the Department of Consumer Affairs approved tow company with the following information: a. Location of the seizure. b. If the seized tow truck is an unusually large vehicle. c. The number of tow trucks needed. Request one tow truck if only an unlicensed tow truck is involved and two tow trucks if the unlicensed tow truck was towing a vehicle. 14. 15. Ensure that the Department of Consumer Affairs tow company acknowledges that the requested tow truck is for a seizure and not any other program (e.g. Rotation Tow, etc.). Enter in the REPORT OF VIOLATION log the name of the: a. Department of Consumer Affairs approved tow company notified to remove the seizure. b. Person at the approved tow company who was notified. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-29 REVISION NUMBER: PAGE: 08/19/13 4 of 8 UNIFORMED MEMBER OF THE SERVICE 16. NOTE The responding Department of Consumer Affairs tow company may only have a faxed copy of the Department of Consumer Affairs Vehicle Transfer Authorization Acknowledgment of Transfer. 17. 18. 19. NOTE Advise the Department of Consumer Affairs tow company operator to complete and sign the top portion of the Department of Consumer Affairs Vehicle Transfer Authorization - Acknowledgment of Transfer form. Complete bottom portion of form and sign. a. Retain the completed form. Allow the Department of Consumer Affairs authorized tow operator to remove the unlicensed tow truck. The authorized tow company will also remove any vehicle being towed by the unlicensed tow truck if necessary. Such a vehicle will not be listed on the Department of Consumer Affairs Vehicle Transfer Authorization - Acknowledgment of Transfer. 20. NOTE Inspect Department of Consumer Affairs Vehicle Transfer Authorization - Acknowledgment of Transfer provided by the responding Department of Consumer Affairs tow company operator for: a. Authorized signature b. Embossed seal. Prepare PROPERTY CLERK INVOICE WORKSHEET for seized tow truck only. a. Check “Investigatory” caption box in category of property section on top of form. b. Indicate in "Remarks" section: (1) "F.O.A. Released to Department of Consumer Affairs" (2) Full description of vehicle being towed by the unlicensed tow truck and whether the vehicle was released at the scene, towed by the Department of Consumer Affairs authorized tow company, or other disposition (e.g. DARP tow). Personal property invoiced will not be put on the same INVOICE as the seized tow truck. Personal property will be invoiced on a separate PROPERTY CLERK INVOICE (PD521-141). 21. 22. Deliver the INVOICE WORKSHEET to the desk officer. Advise the desk officer of the return date for the Department of Consumer Affairs hearing. DESK OFFICER 23. Direct roll call to enter the return date in the diary. a. Roll call will notify Appearance Control Unit via the Court Appearance Control System (CACS). Verify the accuracy and completeness of the INVOICE WORKSHEET. 24. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-29 REVISION NUMBER: PAGE: 08/19/13 DESK OFFICER 25. (continued) 26. 5 of 8 Ensure PROPERTY CLERK INVOICE WORKSHEET is entered into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE. Create a PROPERTY TRANSFER REPORT (PD521-1412), utilizing the “External Transfer” function in the Property and Evidence Tracking System, with the destination of the authorized Department of Consumer Affairs tow company who removed the unlicensed tow truck. a. Enter in “Remarks” section of PROPERTY TRANSFER REPORT “Released to the Department of Consumer Affairs representative – RELEASED F.O.A.”. UNIFORMED MEMBER OF THE SERVICE 27. Electronically sign PROPERTY TRANSFER REPORT. DESK OFFICER 28. 29. Electronically sign PROPERTY TRANSFER REPORT. Direct the member to: a. Notify the Department of Consumer Affairs of the seizure. A message can be left via voice mail 24 hours a day, if other than normal business hours. b. Fax to the Department of Consumer Affairs, (twenty-four hours a day): (1) A copy of the Department of Consumer Affairs Vehicle Transfer Authorization-Acknowledgment of Transfer. (2) A copy of the Department of Consumer Affairs Summons/Notice of Violation and Hearing. Attach Department of Consumer Affairs Vehicle Transfer Authorization – Acknowledgment of Transfer to “Property Clerk” copy of PROPERTY CLERK INVOICE. File “Property Clerk” copy of the INVOICE in the “Closed” file at command. Direct the member seizing the tow truck to notify its owner via telephone and in writing of the location of any vehicle towed in conjunction with the seizure. Make a Command Log entry of the following: a. Name, rank, shield and tax registry numbers of the member seizing the unlicensed tow truck. b. Location of seizure. c. Description of vehicle seized. d. Description and disposition of any vehicles being towed by the unlicensed tow truck. e. Name and location of Department of Consumer Affairs authorized tow company which accepted vehicles. f. PROPERTY CLERK INVOICE number. g. Return date for hearing. 30. 31. 32. 33. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-29 REVISION NUMBER: PAGE: 08/19/13 6 of 8 UNIFORMED MEMBER OF THE SERVICE 34. Make a complete ACTIVITY LOG (PD112-145) entry of the seizure. ADDITIONAL DATA PRIMARY AUTHORIZED DEPARTMENT OF CONSUMER AFFAIRS TOW COMPANY SOLID GOLD 578 COZINE AVENUE BROOKLYN, NEW YORK 11208 Attention: Daniel P. Danner The alternate authorized Department of Consumer Affairs tow companies will only be contacted by the primary authorized tow company. The primary authorized tow company is responsible for the removal of the vehicles and contacting any alternate company that may be needed for a specialized removal. Under no circumstances will an alternate tow company be contacted by a member of this Department for the removal of an unlicensed tow truck seized by this Department. All requests for removal of seized vehicles will be made to the primary authorized tow company. ALTERNATE AUTHORIZED DEPARTMENT OF CONSUMER AFFAIRS TOW COMPANY Murray Rude Services, Inc. 494 Morgan Avenue Brooklyn, New York 11222 J & J Towing Inc. 660 Gulf Avenue Staten Island, New York 10314 Russo & Whitlock 452 Coster Street Bronx, New York 10474 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 209-29 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 7 of 8 GRAPHIC OF CONSUMER AFFAIRS TOW TRUCK WITH PROPERLY DISPLAYED ITEMS THIS IS AN EXAMPLE (NOT DRAWN TO SCALE) OF A PROPERLY DISPLAYED TOW TRUCK MEDALLION (4 INCHES WIDE X 6 1/4 INCHES HIGH, RED METAL FLAT PLATE), MEDALLION NUMBER AND OTHER INFORMATION. THE MEDALLION AND MEDALLION NUMBER ARE PERMANENTLY AFFIXED TO THE TRUCK. NOTE THAT THE MEDALLION NUMBER MUST BE RECORDED IN NUMBERS AT LEAST 12 INCHES HIGH. ALL OTHER LETTERING AND NUMBERING MUST BE RECORDED IN LETTERS AND NUMBERS AT LEAST 1 ½ INCHES HIGH. THE MEDALLION MUST BE AFFIXED TO THE DRIVER SIDE, AND THE MEDALLION NUMBER MUST BE PAINTED ON BOTH THE DRIVER SIDE AND PASSENGER SIDE. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 209-29 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 8 of 8 RELATED PROCEDURES Arrest of Taxicab and/or Tow Truck Owners/Operators (P.G. 208-58) Conditions of Service (P.G. 209-01) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Summons Notifications (P.G. 209-22) Appearances at Department of Consumer Affairs (P.G. 211-13) FORMS AND REPORTS ACTIVITY LOG (PD112-145) NOTICE OF VIOLATION (PD260-151) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) PROPERTY TRANSFER REPORT (PD521-1412) REPORT OF VIOLATION (PD672-151) Department of Consumer Affairs Summons/Notice of Violation and Hearing Department of Consumer Affairs Vehicle Transfer Authorization Acknowledgement of Transfer NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-30 SUMMONS SERVED ON VEHICLE USED ON DEPARTMENT BUSINESS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To investigate circumstances of summons served on a vehicle while on official Department business and/or utilized in the performance of urgent police action or necessary police action. DEFINITIONS The definitions listed below are ONLY applicable to this procedure: URGENT POLICE ACTION – Police response to a call for service, typically a response to an emergency or an active pursuit or an ongoing surveillance of a moving subject. NECESSARY POLICE ACTION – A response that is less than urgent police action and taken to enhance public/officer safety or to detect and deter criminal activity. It does not include actions taken solely for the convenience of uniformed members of the service. VALID VERIFIABLE DEFENSE – Department of Finance, Parking Violations Bureau, procedure for dismissing summonses issued to Department or authorized private vehicles while on official Department business. Summonses issued for the following safety violations are NOT eligible for a “Valid Verifiable Defense,” absent urgent police action or necessary police action: a. Double Parking b. Fire Hydrant or Fire Zone c. Bus Stop d. Sidewalk e. Crosswalks and Driveways f. Obstruction of Traffic g. No Standing Zones (except “No Standing Except Truck Loading and Unloading”) h. Snow Emergency i. No Parking - Except Authorized Vehicles j. No Stopping k. No Parking - Taxi Stand l. Within No Permit Areas - As indicated on the rear of Department issued Vehicle Parking Permits (Misc. 740, Misc. 23-N, etc.). PROCEDURE Upon receipt of a summons issued to a vehicle while on official Department business and/or utilized in the performance of urgent police action or necessary police action. UNIFORMED MEMBER OF THE SERVICE 1. 2. Prepare SUMMONS PLEA FORM (PD160-152). Submit summons and SUMMONS PLEA FORM to commanding officer. a. If a summons was issued to an authorized private vehicle also submit an approved copy of REQUEST TO USE PRIVATE VEHICLE (PD471-160) (see Administrative Guide 325-14, “Private Vehicles Authorization”) to commanding officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-30 PAGE: 08/01/13 COMMANDING 3. OFFICER 4. 5. 6. ADDITIONAL DATA REVISION NUMBER: 2 of 3 Investigate circumstances to determine eligibility for Valid Verifiable Defense processing. Endorse SUMMONS PLEA FORM by legibly printing name, tax number, command and signing name, indicating results of investigation and recommendations. Instruct member to answer summons if conditions of Valid Verifiable Defense are not confirmed. Forward first two copies of SUMMONS PLEA FORM, summons, and copy of the approved REQUEST TO USE PRIVATE VEHICLE, if applicable, through channels, to Chief of Department within thirty days. When a summons is served for a safety violation (subdivisions “a” through “l” listed under “DEFINITIONS”) on a vehicle used in the performance of URGENT POLICE ACTION or NECESSARY POLICE ACTION the commanding officer of the concerned member will investigate the circumstances. If the facts are verified, endorse SUMMONS PLEA FORM with supportive details and forward, through channels, within thirty days, recommending the Chief of Department forward the SUMMONS PLEA FORM to the Parking Violations Bureau for final determination. If URGENT POLICE ACTION or NECESSARY POLICE ACTION was not involved when a safety violation occurred, the member’s commanding officer will instruct the member concerned to obtain final disposition of summons. In cases where a vehicle was summonsed for a safety violation and URGENT POLICE ACTION or NECESSARY POLICE ACTION was involved, an assessment may conclude the violation was egregious and disciplinary action may be taken. In such cases, the SUMMONS PLEA FORM will be endorsed with a notation indicating the disciplinary action, and will be forwarded through channels to the Chief of Department, within thirty days. Prior to forwarding SUMMONS PLEA FORMS to the Parking Violations Bureau for final determination, the Commanding Officer, Investigation Review Section, will review all SUMMONS PLEA FORMS and take disciplinary action, if warranted, or ensure it has been instituted. When notified by the Chief of Department that the Parking Violations Bureau has denied a summons dismissal request for lack of a Valid Verifiable Defense or URGENT POLICE ACTION or NECESSARY POLICE ACTION cannot be confirmed, the commanding officer concerned will direct recipient of summons to obtain final disposition of summons. A copy of such disposition will be forwarded to the Chief of Department, through channels, within thirty days. A "Notice of Liability" will be generated by the Department of Finance for violations of the "Red Light Violations Monitoring Program," where a vehicle used on official Department business is photographed passing a steady red light signal. The REDLIGHT VIOLATION PLEA FORM (PD160-154) will be used to request dismissal consideration through the Parking Violations Bureau. This form will be forwarded to the command concerned along with the "Notice of Liability" and a letter of instruction by the Office of the Chief of Department, Investigation Review Section. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 209-30 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 ADDITIONAL DATA (continued) Commanding officers will have the form prepared detailing an URGENT POLICE ACTION defense describing the circumstances surrounding the violations (e.g., an active pursuit, response to an emergency or an ongoing surveillance of a moving subject). Backup documentation will be attached and the operator MUST sign the "Operator Declaration" present on the form. These forms will be forwarded, through channels, to the Office of the Chief of Department, Investigation Review Section within thirty days. Inquiries and requests for additional forms related to red light violations will be directed to the Office of the Chief of Department, Investigation Review Section. RELATED PROCEDURE Private Vehicles Authorization (A.G. 325-14) FORMS AND REPORTS SUMMONS PLEA FORM (PD160-152) REDLIGHT VIOLATION PLEA FORM (PD160-154) REQUEST TO USE PRIVATE VEHICLE (PD471-160) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-31 STATEMENT OF CORRECTION BY A POLICE OFFICER DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To allow uniformed members of the service to assist motorists, who have been issued defective equipment violations. DEFINITION EQUIPMENT VIOLATIONS – For the purpose of this procedure, are defined as those violations for which a summons may be issued for defective tail, signal, brake lights, one headlight, damaged lens covers or defective tires, etc. DOES NOT include defective brakes, two headlights or a loud radio. PROCEDURE When a motorist, who has been issued a summons for certain equipment violations (as stated above), presents acceptable proof of repair or correction to a uniformed member of the service: NOTE Such repair must have been within one half hour after sunset the following business day, including Saturday, from the date the summons was issued. UNIFORMED MEMBER OF THE SERVICE 1. 2. Prepare STATEMENT OF CORRECTION BY A POLICE OFFICER (PD660-120). Sign the bottom portion of the STATEMENT. a. Return the completed STATEMENT to the motorist. ADDITIONAL DATA Uniformed members of the service will give a STATEMENT OF CORRECTION BY A POLICE OFFICER to a motorist, who has received a summons for one of these equipment violations, at the time the summons is issued. RELATED PROCEDURE Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) FORMS AND REPORTS STATEMENT OF CORRECTION BY A POLICE OFFICER (PD660-120) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-32 RELEASE OF VEHICLES PRIOR TO TOW UTILIZING A FIELD RELEASE AGREEMENT (FRA) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE When a Patrol Services Bureau (P.S.B.) supervisor is requested to respond to a Field Release Agreement condition. SCOPE A program entitled “Field Release Agreement” exists within the Traffic Enforcement District (TED). This program concerns illegally parked vehicles subject to violation tow. An illegally parked vehicle which is summonsed and impounded (“hooked up”) to a tow truck on scene, but is not yet removed from the actual location, may be released pending the completion of an Agreement To Pay Vehicle Release Fee commonly referred to as a Field Release Agreement (FRA). The owner/representative of the vehicle has the option of accepting a FRA. This is an agreement signed by the owner/representative of the impounded vehicle to pay a one hundred dollar ($100.00) or two hundred dollar ($200.00) fee (depending on the weight of the vehicle and/or the need for multiple tow trucks or a single tow truck weighing over eight tons), in addition to the original summons, in lieu of having the vehicle towed. A PED supervisor is required to respond to the scene, review and sign the appropriate FRA paperwork, and authorize the release of the vehicle. To enhance the efficiency and effectiveness of this program, when a PED supervisor is not available to respond in a timely manner, a Patrol Services Bureau patrol supervisor will respond and assume the PED supervisor’s duties. DEFINITION FIELD RELEASE AGREEMENT - An agreement between the owner/representative of an illegally parked vehicle (which is subject to violation tow) and the City of New York when a vehicle has been hooked to a tow truck (in preparation for removal to a pound) and the owner, or other person lawfully entitled to be in possession of the vehicle, appears and requests the release of the vehicle (before the tow truck is in motion). The vehicle shall be unhooked and released, provided that the owner/representative first signs a FRA. By doing so the owner/representative consents to pay both the vehicle release penalty fee of $100.00 or $200.00, and the parking violation penalty for which cited. The owner/representative further agrees to remit such payment to the New York City Parking Violations Bureau within thirty days from the date the FRA is executed. PROCEDURE When requested to respond to a Field Release Agreement (FRA) condition: PATROL SUPERVISOR 1. 2. Respond to the scene and verify that the vehicle owner/representative has presented to the tow operator both a valid driver’s license and the vehicle’s keys (ignition and door) AND at least one of the following: a. Valid registration certificate, OR b. Valid title certificate, OR c. Valid insurance card, OR d. Valid rental agreement (for a rental vehicle), OR e. Valid company identification (for a commercial vehicle). Ensure that tow operator has conducted a license check of the vehicle owner/representative. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-32 REVISION NUMBER: PAGE: 08/01/13 2 of 2 NOTE If the license check reveals that the vehicle owner/representative is a scofflaw violator, then the person is not eligible to participate in the FRA program. In addition, holders of a foreign driver’s license are also not eligible. PATROL SUPERVISOR 3. Direct the tow operator to complete and sign the FRA and present to the motorist to sign. (continued) NOTE In the event that the owner/representative reports damage to, or missing property from the vehicle, the tow operator must supply the owner/representative with the following forms: Tort Claim and Claim Against The City Of New York Automobile Property Damage. The tow operator will also make a notation on his/her Field Inspection Report regarding the owner’s/representative’s claim. 4. NOTE Initial notation entered on Field Inspection Report by tow operator whenever a vehicle owner/representative makes a damage or missing property claim and verify that they have been issued the appropriate claim forms. If owner/representative reports that property is missing from their vehicle, the patrol supervisor will be guided by the provisions of P.G. 207-21, “Allegations of Corruption and Other Misconduct Against Members of the Service.” 5. 6. 7. 8. Review the FRA for completeness and accuracy, sign in supervisory caption, and authorize release of the vehicle. Return FRA copies to tow truck operator and vehicle owner/representative. Refer vehicle owner/representative to New York City Department of Transportation, Bureau of Traffic, for any additional information. Make all pertinent entries in ACTIVITY LOG (PD112-145), i.e., location of incident, tow operator’s name, vehicle owner’s/ representative’s name, etc. RELATED PROCEDURE Allegations of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21) FORMS AND REPORTS ACTIVITY LOG (PD112-145) Agreement To Pay Vehicle Release Fee (Field Release Agreement) Claim Against The City Of New York Automobile Property Damage Field Inspection Report Tort Claim NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-33 PARENTAL NOTIFICATION FOR CRIMINAL COURT SUMMONSES ISSUED TO INDIVIDUALS UNDER EIGHTEEN YEARS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To reduce the frequency of youth-related quality-of-life offenses by notifying the parents or guardians of individuals (ages 16 or 17) who have been issued a Criminal Court summons. PROCEDURE When issuing a Criminal Court (C) summons to an individual (ages 16 or 17), uniformed members of the service will comply with the following procedure: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Do not detain the individual solely for the purpose of making this notification. 2. 3. 4. YOUTH OFFICER 5. 6. Attempt to notify the parent or guardian. Indicate the name, address and telephone number of the parent or guardian on a photocopy of the summons and indicate if notification was made. Do not write on the actual summons. Deliver the photocopy of the summons to the command youth officer and process the original in the usual manner. Attempt to notify the parent or guardian by telephone if they were not already notified by the summonsing officer. Prepare PARENTAL NOTIFICATION FOR CRIMINAL COURT SUMMONS ISSUED TO INDIVIDUALS UNDER 18 YEARS (PD660-121) and submit to commanding officer for review and signature. Maintain a secure file containing the photocopy of the summons, a photocopy of PARENTAL NOTIFICATION FOR CRIMINAL COURT SUMMONS ISSUED TO INDIVIDUALS UNDER 18 and any other related information. SPECIAL OPERATIONS LIEUTENANT 7. Ensure that attempts are made to make notifications and are recorded as appropriate. COMMANDING OFFICER 8. Review and sign PARENTAL NOTIFICATION FOR CRIMINAL COURT SUMMONS ISSUED TO INDIVIDUALS UNDER 18 YEARS and return to youth officer. YOUTH OFFICER 9. Forward PARENTAL NOTIFICATION FOR CRIMINAL COURT SUMMONS ISSUED TO INDIVIDUALS UNDER 18 YEARS to the parent or guardian via U.S. Mail or personal visit. FORMS AND REPORTS PARENTAL NOTIFICATION FOR CRIMINAL COURT SUMMONS ISSUED TO INDIVIDUALS UNDER 18 YEARS (PD660-121) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-34 TOW TRUCK ENFORCEMENT/COMMON SUMMONSABLE OFFENSES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To provide members of the service with guidelines establishing the indicators that justify the stopping of a tow truck based on reasonable suspicion. DEFINITIONS CONSENSUAL TOW – A tow driver does not have to provide any authorization for a consensual tow. The tow operator is required to have written authorization for all non-consensual tows. Authorization must be a signed document listing the make, model, and VIN of vehicle towed. NON-CONSENSUAL TOW – The vehicle is towed without the owner/operator’s permission. REQUIREMENTS THAT APPLY TO ALL TOW TRUCKS a. Tow trucks are commercial vehicles and are required to comply with commercial vehicle regulations. The Department of Motor Vehicles requires the company name and address to be permanently affixed on both sides in lettering at least three inches high in contrasting colors to the color of all commercial vehicles. b. Tow trucks must meet the New York State Department of Motor Vehicles requirement of a Gross Vehicle Weight Rating of 8600 pounds. This is not a requirement for tow trucks registered outside of New York State. DEPARTMENT OF CONSUMER AFFAIRS (DCA) REQUIREMENTS FOR TOW TRUCKS BASED IN THE CITY OF NEW YORK a. Tow truck must have the 311 number displayed for consumer complaints. b. The tow truck identification card must be carried at all times in the vehicle. c. New York City based trucks must display either a DCA medallion or an exemption sticker as outlined in P.G. 209-29, “Seizure of Unlicensed Tow Truck.” d. The DCA medallion must be permanently affixed to the side of the truck as outlined in P.G. 209-29, “Seizure of Unlicensed Tow Truck.” NOTE The following tow trucks are exempt from the DCA licensing requirements but must display a DCA exemption sticker. (No exemption sticker is required for tow trucks registered out of the city that are only picking up or dropping off in the city): Government Agency Vehicle Dismantler/Itinerant Vehicle Collector Bus Company Utility Company NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-34 10/10/08 NOTE (continued) REVISION NUMBER: PAGE: 08-03 2 of 5 Tow truck owner of a Taxi or Livery Vehicle licensed to operate by the Taxi and Limousine Commission School Bus Company Vehicle Rental Agency. DEFINITIONS (continued) REQUIREMENTS FOR TOW OPERATORS IN NEW YORK CITY a. Tow truck driver must have the following available while driving a tow truck: (1) Driver’s license New York State Department of Motor Vehicles license with an “S” or “W” endorsement or Equivalent license from other jurisdictions (2) New York City Department of Consumer Affairs license (3) NYS DMV Vehicle registration (4) Insurance card (5) Tow truck identification card issued by DCA. NOTE Tow operators from outside of New York City are only required to have a driver’s license, vehicle registration and insurance card. OBSERVATION OF THE FOLLOWING INFRACTIONS AUTOMATICALLY JUSTIFY A VEHICLE STOP a. The medallion is not securely affixed to tow truck [Rules 2-362(n)] b. The word “police” or letters “PD” is displayed on tow truck [VTL 396(2)] c. Medallion numbers not painted on or displayed [Rules 2-362(n) (2)] d. Company name/address missing or improper commercial lettering [AC 20-507b] e. Soliciting for a tow at an accident scene (AC 20-515b). Additionally, AC 20-515(d) prohibits making an estimate of cost of repairs or offering to make an estimate, offering to make repairs, or providing any inducement, discount, reward or other thing of value to encourage, urge or steer any person to have such accident vehicle towed to a repair facility or to have such accident vehicle repaired at a particular repair facility. Offering to waive the deductible or the towing fee is prohibited. If soliciting is observed the REPORT OF VIOLATION (PD672-151) should contain a full account of the conversation heard - name, address and phone # of motorist, name and address of any witness, etc. A Criminal Court summons should also be issued. The person does not have to be in a tow truck or work for a tow company or repair shop. f. Tow truck’s Gross Vehicle Weight Rating (GVWR) less than 8600 pounds [VTL 401(b)] g. Tow truck traveled to accident scene without request [AC 20-518(b) (2)] h. Any violation of the New York State Vehicle and Traffic Laws i. Tow truck towing a vehicle from a parking lot of a closed facility or mall. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-34 10/10/08 REVISION NUMBER: PAGE: 08-03 3 of 5 Members of the service are allowed to conduct a license plate check of a vehicle being towed as long as the plate is in plain view. Members of the service are not allowed to climb on the bed of a tow truck to get a vehicle identification number unless there is probable cause that a crime has been committed or the tow is unauthorized (unlicensed tower, authorized tow). NOTE If a vehicle is in tow, a proper investigation should be conducted prior to allowing the tow operator to leave. At all tow truck stops where members of the service conduct an investigation regarding illegal tows a TOW TRUCK VIOLATION REPORT (PD666-151) will be prepared. PROCEDURE Upon observing tow truck committing an infraction: MEMBER OF THE SERVICE 1. 2. 3. 4. 5. PCT. CRIME ANALYSIS/ COUNTERPART 6. 7. 8. 9. 10. BOROUGH AUTO 11. LARCENY UNIT/ COUNTERPART Stop tow truck and conduct a thorough investigation to determine if the tow truck and/or operator are in compliance with DCA regulations or are exempt. Prepare a TOW TRUCK VIOLATION REPORT for each tow truck stopped and list plate number for any vehicle towed. Fax completed TOW TRUCK VIOLATION REPORT to Borough Auto Larceny Unit for information purposes. (MOS will confirm receipt of fax by phoning appropriate Borough Auto Larceny Unit. Name of Auto Larceny Unit member receiving REPORT will be entered on precinct hard copy). Fax completed TOW TRUCK VIOLATION REPORT to Auto Crime Division for information purposes. (MOS will confirm receipt of fax by phoning Auto Crime Division. Name of Auto Crime member receiving REPORT will be entered on precinct hard copy). Conduct a license plate check on the 7th, 15th and 30th day after stop to determine if vehicle being towed was reported stolen. Notify the Auto Crime Division if towed vehicle has been reported stolen. Notify the Borough Auto Larceny Unit concerned if tow vehicle has been reported stolen (see “NOTE” under “Borough Auto Larceny Unit/Counterpart”). Forward hard copy to the Borough Auto Larceny Unit. Maintain copy of completed TOW TRUCK VIOLATION REPORT. Maintain chronological log of all TOW TRUCK VIOLATION REPORTS within the borough. File hard copy of REPORT and maintain data for statistical purposes. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-34 NOTE 10/10/08 REVISION NUMBER: PAGE: 08-03 4 of 5 Prior to taking enforcement action as a result of a follow up investigation stemming from a license check, the Borough Auto Larceny Unit will consult with the Auto Crime Division. MOS ASSIGNED 12. TO AUTO CRIME DIVISION ADDITIONAL DATA Determine if information provided by precinct/command personnel requires further investigation. THE FOLLOWING ARE ADDITIONAL VIOLATIONS THAT MAY BE OBSERVED: a. Tow operator may not possess a police radio/scanner in tow truck or on his/her person (AC 20-515a). MOS should note the transmissions that are audible over the receiver in the ACTIVITY LOG (PD112-145) and on the REPORT OF VIOLATION. The scanner should then be vouchered and brought to the DCA hearing. b. Tow operator refuses an obligated tow (DARP, ROTOW, etc.) (AC 20-512) c. Tow operator refuses Police order to tow vehicle obstructing traffic (AC 20-511) d. Unauthorized removal/towing of vehicle (AC 20-510) e. Towing a vehicle without proper signed authorization (AC 20-510) (non consensual tows only) f. Unlicensed tow truck (AC 20-496a) g. Unlicensed tow truck operator/assistant (AC 20-496b) h. Acceptance of major credit cards as a prerequisite to participate in city towing programs (AC 20-520.1) (Tow truck companies in city programs MUST accept two major credit cards and display the decals of these major credit card companies on their trucks. Refusal to accept payment by a credit card indicated on the truck is a violation.) i. Soliciting for towing at an accident scene (AC 20-515). (Same person at different accident scenes or person distributing business cards at accident scenes.) MEMBERS OF THE SERVICE SHOULD BE AWARE OF THE BELOW LISTED INDICATORS OF POSSIBLE VIOLATIONS: a. Tow trucks parked on residential streets at night b. Tow trucks with no visible tow bars or winches c. Tow truck remaining in a parking lot repeatedly but no contract exists with the facility d. Tow truck towing from parking lot of a closed store or mall. Members of the service are required to prepare a REPORT OF VIOLATION (PD672-151) for any consumer complaint regarding towing. In addition, the consumer should be instructed to contact 311 or referred to the Department of Consumer Affairs (DCA) website at WWW.NYC.GOV. A criminal court summons returnable to New York City Criminal Court should be issued if appropriate. Members of the service are reminded that preparation of a REPORT OF VIOLATION does not relieve them of their responsibility for making appropriate ACTIVITY LOG (PD112-145) entries. All relevant information must be included in the entry. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 209-34 DATE EFFECTIVE: 10/10/08 REVISION NUMBER: PAGE: 08-03 5 of 5 ADDITIONAL DATA (continued) The Chief of Patrol Resource Management Section is the Department’s liaison with the Department of Consumer Affairs (DCA). Members of the service may contact Chief of Patrol Resource Management Section, during business hours, with any inquires or questions that cannot be resolved at the command level. RELATED PROCEDURES Conditions of Service (P.G. 209-01) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Unlicensed Tow Truck Operators (P.G. 209-28) Seizure of Unlicensed Tow Trucks (P.G. 209-29) Taxicab or Towing Truck Owners/Operators (P.G. 208-58) FORMS AND REPORTS ACTIVITY LOG (PD112-145) REPORT OF VIOLATION (PD672-151) TOW TRUCK VIOLATION REPORT (PD666-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-35 PLEADING GUILTY BY MAIL FOR CRIMINAL COURT SUMMONS ISSUED FOR CONSUMPTION OF ALCOHOL IN PUBLIC DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To facilitate adjudication of summonses issued throughout New York City for Consumption of Alcohol in Public, Administrative Code Violation 10-125(b), to respondents who wish to plead guilty without making a personal appearance. PROCEDURE When issuing a summons for Consumption of Alcohol in Public, Administrative Code Violation 10-125(b) ONLY and there are NO OTHER CHARGES, in addition to normal procedures: UMOS ISSUING SUMMONS 1. 2. NOTE Issue separate handout entitled; “INSTRUCTIONS FOR PLEADING GUILTY TO SUMMONS BY MAIL (PD260-111).” Inform respondent that in order to exercise their option to adjudicate the summons by pleading guilty by mail, they must include their copy of the SUMMONS along with the form; “INSTRUCTIONS FOR PLEADING GUILTY TO SUMMONS BY MAIL” when mailing in their remittance. All other pertinent details such as the amount of the fine (fixed at $25.) and the mailing address are listed on the form. ISSUING MEMBER MUST STILL INCLUDE THE PROPER RETURN DATE AND ADDRESS OF THE PROPER COURT ACCORDING TO THE BOROUGH/PRECINCT OF ISSUANCE IN CASE THE RESPONDENT WISHES TO PLEAD NOT GUILTY OR OTHERWISE MAKE A PERSONAL APPEARANCE. RELATED PROCEDURES Conditions of Service (P.G. 209-01) Summonses and Notices of Violation Returnable Agencies (P.G. 209-02) Summons Return Date and Time (P.G. 209-04) Quality Control Procedures for the Processing of Summonses Returnable to Criminal Court (P.G. 209-06) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Criminal Court Summons – Graphic (P.G. 209-11) Summons Served or Prepared in Error (P.G. 209-18) FORMS AND REPORTS INSTRUCTIONS FOR PLEADING GUILTY TO SUMMONS BY MAIL (PD260-111) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Summonses Procedure No: 209-36 ELECTRONIC SUMMONS TRACKING SYSTEM (ESTS) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 9 PURPOSE To maintain a record of Parking, Environmental Control Board (ECB), Moving, Criminal Court and Transit Adjudication Bureau (TAB) summonses requisitioned, distributed, served and/or processed by the Department. PROCEDURE When requisitioning, distributing, serving and/or processing Parking, ECB, Moving, Criminal Court or Transit Adjudication Bureau (TAB) summonses: COMMANDING 1. OFFICER/ DESIGNEE NOTE Requisition summonses from issuing agency. To requisition summonses, the following agencies will be contacted: Parking Summonses (A): Moving Summonses (B): Criminal Court Summonses (C): Department of Finance Bush Terminal 167 41st Street, Brooklyn TAB Summonses: Transit Bureau Headquarters 130 Livingston Street, 3rd Floor, Brooklyn ECB Summonses: Environmental Control Board 66 John Street, 10th Floor, NY, NY. 2. 3. 4. 5. 6. Safeguard summonses. Inspect summonses to ensure: a. Quantity is correct b. Summonses are intact and in numerical order. Return summons packets with irregularities to issuing agency with report on OFFICIAL LETTERHEAD (PD158-151). Ensure packets of summonses are recorded on SUMMONS DISTRIBUTION CARD (PD160-143) and/or TAB summonses on TAB/NOTICE OF VIOLATION DISTRIBUTION CARD (PD160-148). a. Ensure first and last number of each packet is entered in first column. Designate appropriate receptacle within secure location and under direct control of the desk officer (e.g., property room, etc.) for storage of served summonses. WHEN A UNIFORMED MEMBER OF THE SERVICE REQUIRES ADDITIONAL SUMMONSES: UNIFORMED MEMBER OF THE SERVICE 7. Request summonses from desk officer/distributing supervisor as follows: a. Parking summonses and CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146). b. ECB, Moving, Criminal Court summonses and CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145). c. TAB summonses and CERTIFICATION OF TAB/NOTICE OF VIOLATION SERVED (PD160-147). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-36 DESK OFFICER/ DISTRIBUTING SUPERVISOR 8. 10. 11. 12. 13. NOTE PAGE: 08/01/13 9. UNIFORMED MEMBER OF THE SERVICE REVISION NUMBER: 2 of 9 Utilize Electronic Summons Tracking System (ESTS) to determine if member of the service has any previously distributed unused summonses. a. Certify, by visual inspection, summonses listed in ESTS as previously distributed and unused. b. Notify Internal Affairs Bureau and obtain Log Number, if uniformed member concerned cannot produce listed summonses. c. Determine necessity of distributing additional summonses to uniformed member. Utilize bar code reader to scan each summons being distributed to uniformed member of the service into ESTS. a. If bar code reader is inoperable, entries will be made into ESTS manually. b. Notify patrol borough or transit borough of defective/inoperable bar code reader and obtain replacement. c. Enter notification in Telephone Record. Distribute summons packets in numerical order. a. Ensure Department sticker WARNING! ENFORCEMENT OF PENAL LAW SECTION 240.35 “LOITERING” SUBSECTIONS (1), (3), AND (7) IS STRICTLY PROHIBITED (PD160-130) is placed on the front of each Criminal Court summons packet prior to distribution. Have member receiving packet acknowledge receipt on SUMMONS DISTRIBUTION CARD and/or TAB/NOTICE OF VIOLATION DISTRIBUTION CARD. Examine summonses to ensure that packet contains twenty summonses and/or TAB packet contains twenty five summonses which are consecutively numbered. Sign for summonses on SUMMONS BOOK DISTRIBUTION CARD and/or TAB/NOTICE OF VIOLATION DISTRIBUTION CARD. Separate SUMMONS BOOK DISTRIBUTION CARDS will be maintained for Parking, ECB, Moving or Criminal Court summonses. CERTIFICATION OF TAB/NOTICE OF VIOLATION SERVED CARDS will be maintained for TAB summonses. 14. 15. Sign and deliver completed CERTIFICATION OF PARKING SUMMONSES SERVED, CERTIFICATION OF MOVING/ CRIMINAL COURT SUMMONSES SERVED and CERTIFICATION OF TAB/NOTICE OF VIOLATION SERVED with appropriate copies of each summons served to clerical staff, after all summonses in packet have been served. Deliver unused summonses and CERTIFICATION, with appropriate copies of each summons served, to desk officer/distributing supervisor of command where summons packet(s) were issued, when transferred or separated from the Department. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-36 DESK OFFICER/ DISTRIBUTING SUPERVISOR REVISION NUMBER: PAGE: 08/01/13 16. 17. 3 of 9 Utilize bar code reader to scan unused summonses returned by uniformed member of the service into ESTS. a. If bar code reader is inoperable, entries will be made into ESTS manually. b. Notify patrol borough or transit borough of defective/inoperable bar code reader and obtain replacement. c. Enter notification in Telephone Record. d. Notify Internal Affairs Bureau and obtain Log Number, if a summons is missing. (1) Notify integrity control officer (ICO) immediately, when a summons is missing. (2) If ICO is not available, notify commanding/executive officer. Forward unused summonses and CERTIFICATION, with appropriate copies of each summons served, to commanding officer/designee, as per A.G. 309-02, “Return of Summons Packet.” UNIFORMED MEMBER OF THE SERVICE 18. Notify commanding officer without delay, when a summons is damaged. NOTE Uniformed members not ordinarily required to carry summonses, or temporarily assigned to enforcement duty which may require serving a summons, will obtain a sufficient number of summonses from the command where temporarily assigned. Unused summonses will be returned at end of assignment. WHEN A UNIFORMED MEMBER OF THE SERVICE ISSUES A SUMMONS AND DELIVERS REMAINING COPIES TO COMMAND FOR RECORDING: UNIFORMED MEMBER OF THE SERVICE 19. NOTE Uniformed members of the service must hand deliver all summonses served, direct to the desk officer for scanning into ESTS. Under no circumstances will a member of the service deposit a summons directly into the receptacle designated for storage of served summonses. DESK OFFICER 20. 21. NOTE Deliver remaining copies of summons(es), intact, direct to desk officer at end of tour on date of issuance. Examine entries on summonses for accuracy, completeness and legibility. Utilize bar code reader to scan all summonses served into ESTS. a. If bar code reader is inoperable, entries will be made into ESTS manually. b. Notify patrol borough or transit borough of defective/inoperable bar code reader and obtain replacement. c. Enter notification in Telephone Record. Desk officers are responsible to ensure all summonses received during their tour of duty are entered into ESTS, prior to the completion of their tour. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-36 PAGE: 08/01/13 DESK OFFICER 22. (continued) 23. 24. NOTE REVISION NUMBER: 4 of 9 Detach court copy of summons(es) and place the remaining copies of the summons(es) in the summons receptacle designated by the commanding officer. Scan precinct cover sheet, printed from Summons Menu in OMNIFORM, utilizing the network scanner located at the desk . Place the court copy of summons(es) into the network scanner and scan copy. The network scanner can be loaded with approximately fifty summonses simultaneously, if needed. As each court copy of the summons is fed through the network scanner, a digital picture of both sides of the court copy will be taken. The digital picture will be kept on file for future reference. Members are reminded that prior to scanning summonses, a precinct cover sheet must be scanned first. 25. NOTE Place the court copy of summons into the summons receptacle upon completion of the scan. The court copy and additional copies of the summons previously placed into the summons receptacle DO NOT have to be reattached to each other. 26. 27. Do NOT forward any summons returnable to Criminal Court if improperly prepared. Process improperly prepared summonses as follows: a. Invalid return date listed – void summons in accordance with P.G. 209-18, “Summons Served or Prepared in Error” b. Criminal Court “Information” section left blank or unsigned, or summons written for marijuana offense is not accompanied by MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (PD381-145) - place in a separate envelope marked “Training Sergeant” and forward direct to the command’s training sergeant. NOTE MEMBERS WILL NOT MAKE ANY MODIFICATIONS TO SUMMONSES OTHER THAN CORRECTING THE ERRORS LISTED ABOVE. Under no circumstances will a modification be made to a summons that will result in the court or agency copies having different information than the defendant’s copy. ALL SUMMONSES MUST BE CORRECTED AND RETURNED BY THE FOLLOWING BUSINESS DAY. TRAINING SERGEANT 28. Re-train issuing member of the service in proper preparation of summons returnable to the Criminal Court in accordance with pertinent command level materials and instruct issuing member to: a. Properly prepare and sign “Information” section on rear of summons and re-submit for processing b. Complete the MARIJUANA SUPPORTING DEPOSITION/ FIELD TEST REPORT if a marijuana offense is involved c. Immediately re-submit summons with MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (if required). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-36 REVISION NUMBER: PAGE: 08/01/13 5 of 9 DESK OFFICER 29. Utilize bar code reader to scan re-submitted summonses into ESTS. a. If bar code reader is inoperable, entries will be made into ESTS manually. b. Notify patrol borough or transit borough of defective/inoperable bar code reader and obtain replacement. c. Enter notification in Telephone Record. INTEGRITY CONTROL OFFICER 30. 31. Ensure that warrant checks were conducted. Monitor “ICO Ageing Report,” via ESTS, monthly. a. Conduct immediate investigation if any uniformed member is listed on report. NOTE The ICO Ageing Report displays all summonses distributed to members of the service and not served for ninety days or more. 32. 33. 34. Perform monthly self-inspection of ESTS to ensure all summonses are accounted for. Generate and review exception report via ESTS, weekly. a. Notify Internal Affairs Bureau and obtain Log Number, if discrepancy is found. Monitor on a weekly basis the “Scanned Summons Analysis” report by utilizing the Omniform System, under the “Supervisor” function of the Summons Menu. a. Ensure all summonses are being scanned into the network scanner, including the cover sheet. DURING FIRST PLATOON: DESK OFFICER/ SUPERVISOR, FIRST PLATOON 35. 36. 37. 38. 39. NOTE Separate summonses by date of service for each adjudicating agency. Count number of summonses returnable to each agency. Separate Complaint/Information (Part 1) from remainder of summons. a. Photocopy MARIJUANA SUPPORTING DEPOSITION/ FIELD TEST REPORT and file at command. b. Ensure that any summons prepared for a marijuana offense has a MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT attached to it with a paper clip. Utilize bar code reader to scan summonses served into ESTS and package in lots of one hundred or less. a. If bar code reader is inoperable, entries will be made into ESTS manually. b. Notify patrol borough or transit borough of defective/inoperable bar code reader and obtain replacement. c. Enter notification in Telephone Record. Query ESTS by utilizing “Exception Report (Served but Not Batched)” function, after all summonses have been scanned, batched and processed, and confirm that all summonses have been processed as required. If a summons remains on the Exception Report (Served but Not Batched), it shall be deemed missing. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-36 a. b. c. 41. Notify Internal Affairs Bureau and obtain Log Number, if summons is missing. Notify ICO immediately, regarding missing summons. (1) If ICO is not available, notify commanding/executive officer. Account for missing summons within ESTS by utilizing “Terminate/Void Summons” function and enter Internal Affairs Bureau Log Number into “Notes” field as a reference. (1) Comply with P.G. 209-18, “Summons Served or Prepared in Error.” Place Complaint/Information copies of summonses in pre-printed envelopes. Print transmittal report via ESTS and attach to pre-printed envelopes containing Complaint/Information copies of summonses served. Envelopes are pre-printed and colored for each adjudicating agency. 42. 43. 44. COMMAND INTEGRITY CONTROL OFFICER 6 of 9 This process will purge the missing summons from the Exception Report (Served but Not Batched) only. The summons number and history will remain in ESTS. 40. NOTE PAGE: 08/01/13 DESK OFFICER/ SUPERVISOR, FIRST PLATOON (continued) NOTE REVISION NUMBER: 45. 46. 47. Seal envelopes, make required entries as per captions, and sign in appropriate space on flap of each envelope. a. Enter ESTS generated tracking number below flap on envelope. Place remaining parts of summonses served in a separate Department envelope and mark “File.” a. Envelope will not be sealed. Forward sealed envelopes containing Complaint/Information copies of summonses served with attached transmittal report to borough office/designated command with morning mail. Confirm notification was made to Internal Affairs Bureau and a Log Number was obtained for missing summons. Ensure first platoon desk officer/supervisor has made proper entries into ESTS for missing summons, including Internal Affairs Bureau Log Number. Notify commanding/executive officer of missing summons. COMMANDING 48. OFFICER/ 49. EXECUTIVE OFFICER 50. Confirm notification was made to Internal Affairs Bureau and a Log Number was obtained for missing summons. Ensure missing summons was terminated/voided in ESTS and the System has been updated to reflect Internal Affairs Bureau Log Number. Ensure P.G. 209-18, “Summons Served or Prepared in Error” is complied with. 51. File envelope with command file copies of summonses served in command by date of service in command record room. Maintain file copies of summonses served for six months. Remove file copies after six months and retain in storage cartons in command record room. CLERICAL MEMBER 52. 53. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-36 NOTE REVISION NUMBER: PAGE: 08/01/13 7 of 9 Summonses served by outside agencies will continue to be processed by the Department. However, such summonses will not be scanned/entered into ESTS. Summonses served by outside agencies will be placed in a separate envelope marked “Outside Agency” and forwarded as delineated above. WHEN SUMMONSES ARE RECEIVED AT PATROL BOROUGH OR TRANSIT BOROUGH FROM COMMANDS: MEMBER OF THE SERVICE ASSIGNED 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. Open envelopes and utilize bar code reader to scan each summons contained therein into ESTS. a. If bar code reader is inoperable, entries will be made into ESTS manually. b. Notify Management Information Systems Division (MISD) of defective/inoperable bar code reader and obtain replacement. c. Enter notification in Telephone Record. Notify Internal Affairs Bureau and obtain Log Number, if a summons is missing. a. Account for missing summons within ESTS by utilizing “Terminate/Void Summons” function in and enter Internal Affairs Bureau Log Number into “Notes” field as reference. (1) Comply with P.G. 209-18, “Summons Served or Prepared in Error.” Query ESTS utilizing “Batch Exception Report” to confirm all batch transmittals have been received. a. Notify Internal Affairs Bureau and obtain Log Number, if a batch transmittal is missing. b. Account for each summons contained within the missing batch transmittal by utilizing “Terminate/Void Summons” function and enter Internal Affairs Bureau Log Number into “Notes” field as reference. (1) Comply with P.G. 209-18, “Summons Served or Prepared in Error.” Place scanned summonses and opened envelopes into new pre-printed envelopes. Print transmittal report via ESTS and attach to pre-printed envelopes. Seal envelopes, make required entries as per captions and sign in appropriate space on flap of each envelope. a. Enter ESTS generated tracking number below flap on envelope. Prepare three copies of SUMMONS ENVELOPE RECEIPT (PD160011) for each adjudicating agency and sign in space captioned “Signature of Police Department Officer Forwarding Envelopes.” Enclose originals and first copies of SUMMONS ENVELOPE RECEIPT with corresponding adjudicating agency envelopes in borough transfer bag. Lock transfer bag and retain key in borough office. Have morning messenger sign last copy of SUMMONS ENVELOPE RECEIPT and retain in borough office. Direct messenger to deliver transfer bag to: a. New York City Transportation Administration, Parking Violations Bureau, Summons Receiving Unit, 210 Joralemon Street, 2nd Floor, Brooklyn, NY 11201 - (Yellow Envelope) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 209-36 PAGE: 08/01/13 8 of 9 b. MEMBER OF THE SERVICE ASSIGNED (continued) 65. 66. ADDITIONAL DATA REVISION NUMBER: Mail and Distribution Unit, 1 Police Plaza, Room S-74, New York, NY - (Blue Envelope) c. New York City Criminal Court, Summons Intake Unit, 346 Broadway, 2nd Floor, New York, NY 10013 - (White Envelope) d. Environmental Control Board, Notices of Violation and Hearing, 66 John Street, 10th Floor, New York, NY 10038 e. Transit Bureau Headquarters, Crime Analysis Section, 130 Livingston Street, 3rd Floor, Brooklyn NY 11201. Instruct messenger to obtain receipt on first copy of SUMMONS ENVELOPE RECEIPT and return to borough office. File receipt and destroy copy retained at borough office. Under no circumstances will the scanning of summonses be performed by anyone other than the desk officer/distributing supervisor. If a missing summons is found after notification to the Internal Affairs Bureau and after summons was purged from the Exception Report, the desk officer shall notify Internal Affairs Bureau, Command Center immediately and determine if summons can be “Un Voided” within ESTS. The name of Internal Affairs Bureau member notified will be entered in the “Add Summons Follow-Up Note” field of ESTS. Processed summons envelopes are not forwarded to Housing Bureau offices for delivery. The designated messenger picks up the summonses “A,” “B,” “C,” and “ECB” directly from each police service area (PSA) and delivers them directly to the appropriate agency. When an adjudicating agency returns a summons because a discrepancy was not resolved, the Investigation Review Section of the Chief of Department’s Office will take corrective action and promptly return summons to the agency concerned. The Quality Assurance Division will monitor and evaluate compliance with this Order by incorporating the listed procedural changes into its current command evaluation process of summons integrity and control procedures as listed on Self-Inspection Worksheet #826. That Worksheet will be updated to reflect the addition of the ESTS program. During its annual command evaluation process the Quality Assurance Division will access the ESTS program for each command. Information will be obtained from the program to determine the command’s compliance with procedures involving the distribution, collection and forwarding of summonses. The evaluation will also include the command’s compliance with procedures involving any missing summonses during this process. The updated Self-Inspection Worksheet #826 will be available to all commands via the Department Intranet and be mandated to be completed by each command on a monthly basis. The respective Borough Investigation Units will review the command’s completed Worksheets for compliance and accuracy. Additionally, the updated Self-Inspection Worksheet #826 will be added to the list of mandated self-inspections listed on SelfInspection Worksheet #800, Maintenance of Department Records. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 209-36 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 9 of 9 Patrol borough and transit borough commands will maintain a sufficient supply of replacement bar code readers for use by subordinate commands. Additional replacement bar code readers may be requested through the Management Information Systems Division (MISD). In those commands with satellite locations, respective commanding officers will designate a supervisor to assume the duties of the desk officer as they relate to the forwarding of summonses for processing, as approved by their borough commander. RELATED PROCEDURES Allegations of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21) Conditions of Service (P.G. 209-01) Quality Control Procedures for the Processing of Summonses Returnable to Criminal Court (P.G. 209-06) Personal Service of a Summons Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Environmental Control Board Notice of Violation and Hearing – General Procedure (P.G. 209-12) Summons Served or Prepared in Error (P.G. 209-18) Return of Summons Packet (A.G. 309-02) FORMS AND REPORTS OFFICIAL LETTERHEAD (PD158-151) SUMMONS DISTRIBUTION CARD (PD160-143) CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146) CERTIFICATION OF TAB/NOTICE OF VIOLATION SERVED (PD160-147) TAB/NOTICE OF VIOLATION DISTRIBUTION CARD (PD160-148) SUMMONS VOIDANCE FORM (PD160-153) MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (PD381-145) SAMPLE CRIMINAL COURT SUMMONS INFORMATIONS (PD260-211) SUMMONS ENVELOPE RECEIPT (PD160-011) WARNING! ENFORCEMENT OF PENAL LAW SECTION 240.35 “LOITERING” SUBSECTIONS (1), (3), AND (7) IS STRICTLY PROHIBITED (PD160-130) Self- Inspection Worksheet #800 Self-Inspection Worksheet #826 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-01 PRISONERS GENERAL PROCEDURE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 8 PURPOSE To safeguard prisoners in police custody. DEFINITIONS HOLDOVER PRISONER - a prisoner who has entered the court process but has not yet been arraigned and has been returned to police custody for overnight detention. PRISONER SECURITY GUIDELINES - all prisoners while in the custody and control of personnel from this Department will be searched on their entry and exit from any police, detention, district attorney, or court facility. Prisoners being transported from any location, not included above, will be searched prior to departure from the location and upon arrival at the transport destination. The searches will be conducted as per the guidelines set forth in P.G. 208-05, “Arrests - General Search Guidelines” (see ADDITIONAL DATA). The ranking officer supervising the transport of a prisoner(s) and all supervising officers and borough court section supervisors will ensure that this procedure is strictly adhered to. PROCEDURE When prisoners must be detained in Department detention facilities or transported to courts or other facilities: DESK OFFICER 1. 2. 3. 4. 5. 6. 7. Request borough court section concerned to assign cell space and determine method of transportation to an activated detention facility giving: a. Name, gender, and physical condition of prisoner b. Precinct of arrest and arrest number c. Status of processing d. Next destination of prisoner (e.g., photo, court, etc.) Notify borough court section concerned if prisoner must be detained for a brief period of time in a detention facility not activated by borough court section concerned, giving: a. Reason and amount of time prisoner is to be lodged b. Charge against prisoner c. Name, gender, and age of prisoner. Comply with instructions given by borough court section concerned. Make Command Log entry of facts and instructions received. Have appropriate entries made on PRISONER ROSTER (PD244-145) if prisoner detained. Assign police attendant to temporary duty within cellblock. a. If a prisoner is placed in a cell alone because he/she threatens or fights with another prisoner(s), is causing disruption, or for any other reason, ensure that a member of the service will continue to monitor that prisoner closely. Record any change of custody in Command Log. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-01 DESK OFFICER/ BOROUGH COURT SECTION SUPERVISOR REVISION NUMBER: PAGE: 08/01/13 8. 9. 10. 11. 12. 13. 14. 15. 2 of 8 Permit prisoner to be interviewed by the following properly identified persons when on official business: a. Supervisory officer of this Department b. Member of Detective Bureau or detective squad c. District Attorney or representative d. Chief Medical Examiner or representative e. Prisoner’s legal representative (in precinct/district/PSA, interview is conducted in muster room ONLY; in borough court section, interview is permitted in location designated by borough court section supervisor) f. Official of a City department, if prisoner is an employee of that department g. Federal law enforcement officer h. Member of the clergy (upon request by prisoner) i. New York State Division of Parole officers to serve parole violation papers j. Foreign Consulate/Embassy Officers. Enter the following information under “Details” on ARREST REPORT SUPPLEMENT (PD244-157) when an attorney interviews a prisoner at precinct, district, PSA, or borough court section: a. Name, address, and telephone number of attorney b. Name and address of person who retained attorney c. Whether the prisoner was interviewed d. Time arrived and departed from the stationhouse/borough court section. Permit parents or legal guardian to visit a prisoner between the ages of sixteen and twenty-one, for not longer than fifteen minutes, in the muster room, provided: a. Detective squad commander, arresting officer, or, if visit is at other than precinct of arrest, desk officer, precinct of arrest is consulted b. Visit is in presence of desk officer/borough court section supervisor c. Prisoner has been detained more than four hours d. Prisoner is not eligible for a summons e. Visit does not interfere with police business. Enter name, address, and relationship of person visiting prisoner on ARREST REPORT - SUPPLEMENT. a. If the interview occurred at a location other than the precinct of arrest or borough court section, facts relating to the visit will be telephoned to the desk officer, precinct of arrest, who will have all pertinent details entered under “Details” on the ARREST REPORT - SUPPLEMENT. Advise prisoner of availability of clergy whenever it appears prisoner is despondent, confused, or likely to commit suicide. Permit prisoner to make use of telephone privileges declined during arrest process. DO NOT confine female prisoner with a nursing baby in a cell. a. Assign female police attendant or female uniformed member of the service, if available within command, as guard. Have child delivered to responsible member of family or to a hospital, if mother unable to provide care. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-01 REVISION NUMBER: PAGE: 08/01/13 3 of 8 PRISONERS BEING TRANSPORTED DESK OFFICER/ BOROUGH COURT SECTION SUPERVISOR 16. 17. Assign escort officer(s) to guard prisoner(s) being transported to detention facilities. a. Assign member of outgoing platoon, at change of tour, to guard and transport prisoner(s) if assignment of escorting officer would result in overtime. b. Assign separate escort officer(s) to prisoner(s) having different destinations (e.g., female cells, hospital, etc.) Assign additional escort officer(s) when: a. More than two prisoners being guarded and transport chains are not available, OR b. More than nine prisoners being transported by transport chains, OR c. Several detention stops are involved, OR d. More than one prisoner with different destinations. e. Prisoner is designated “high risk” escape threat (see ADDITIONAL DATA statement under heading, “‘HIGH RISK’ PRISONERS”). ESCORTING OFFICER 18. Rear cuff all prisoners or place on transport chains if appropriate, before leaving cell block. a. Secure loose ends of chain when less than five prisoners are secured on chain. b. Double lock transport chain cuffs. c. For better control, physically hold prisoner OR hold chain linking handcuffs, as circumstances dictate. DESK OFFICER/ BOROUGH COURT SECTION SUPERVISOR 19. 20. Closely supervise the removal of all prisoners from the precinct. Determine if prisoner is a potential escape risk after conferring with arresting officer. a. Place leg restraints on prisoner prior to transport if it is determined prisoner is a potential escape risk, OR prisoner refused to be fingerprinted, OR prisoner is being transported to a hospital for medical treatment. Ensure that attendant places prisoners on transport chains before leaving cell block. a. Escorting officers may use transport chains or handcuffs when escorting one or two prisoners; more than two prisoners, transport chains must be used. b. Make certain transport chains are in double lock mode, when utilized. Step from behind the desk and personally check that all prisoners are secured to transport chains or rear handcuffed, if appropriate, when prisoners are being removed. Utilize available command personnel to assist attendant and escorting officers loading prisoners onto patrolwagon. 21. 22. 23. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-01 DESK OFFICER/ BOROUGH COURT SECTION SUPERVISOR 24. 25. 26. 27. 28. 29. POLICE ATTENDANT PAGE: 08/01/13 (continued) ESCORTING OFFICER REVISION NUMBER: 30. 31. 32. 4 of 8 Ensure that members of the service are alert and properly positioned to prevent escape. Have attendant, or escorting officer, if attendant not available, prepare PRISONER TRANSPORT DISPATCH (PD171-132). a. If more than one prisoner, and different destinations involved, separate DISPATCH will be prepared for each destination. Obtain both copies of PRISONER TRANSPORT DISPATCH from attendant and comply with instructions. Ride in transporting vehicle and keep prisoners under constant surveillance while transporting to court, etc. Deliver prisoner(s) to assigned detention facility. Assist attendant in searching and placing prisoner in cell. Conduct complete search of prisoner (see P.G. 208-05, “Arrest - General Search Guidelines”). Lock prisoner in cell. Make entries on PRISONER ROSTER and file at desk when completed. DESK OFFICER/ BOROUGH COURT SECTION SUPERVISOR 33. Periodically conduct personal inspection of prisoner noting their condition and document the inspection under the “Remarks” caption on the PRISONER ROSTER. ESCORTING OFFICER 34. Deliver prisoner’s fingerprints to appropriate borough court section facility if prisoner is not printed on Livescan. DESK OFFICER, PRECINCT OF ARREST 35. Obtain original copy of PRISONER TRANSPORT DISPATCH from escorting officer and file chronologically. DESK OFFICER, PRECINCT OF DETENTION 36. Keep all cell doors and other doors leading into cellblock area locked if cells have not been activated. Make entry in Command Log and notify an available supervisory officer to inspect cellblock when informed that command’s cells are activated. Assign police attendant. 37. 38. SUPERVISORY OFFICER CONCERNED 39. 40. 41. Observe opening of detention area. Inspect each cell to ascertain that cells are clean and free of unauthorized items. Make Command Log entry indicating time the first prisoner lodged and condition of cells. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-01 REVISION NUMBER: PAGE: 08/01/13 5 of 8 HOLDOVER PRISONERS IN ADDITION TO OTHER REQUIRED ACTION LISTED ABOVE DESK OFFICER, PRECINCT OF DETENTION 42. 43. 44. 45. Assign member(s) to escort prisoners to court. Direct escorting officer to complete captions and sign PRISONER ROSTER when prisoner is removed from cell. Review PRISONER ROSTER for accuracy and completeness. Initial PRISONER ROSTER next to “Time of Admission” column for each prisoner removed. POLICE ATTENDANT 46. Prepare PRISONER TRANSPORT DISPATCH listing all prisoners having same destination. a. Prepare separate DISPATCH form for each destination. ESCORTING OFFICER 47. Verify prisoner placed on transport chains are same as listed on DISPATCH and take “head count.” Deliver prisoners to holding pen at destination. Return to command for assignment or proceed to original destination, as appropriate. 48. 49. ADDITIONAL DATA “HIGH RISK” PRISONERS Determinations as to whether a particular prisoner presents a potential escape risk should be made on a case-by-case basis. Factors that can be considered in making this determination include the seriousness of the offense charged, prisoner unwillingness to identify himself or herself, forcible resistance to arrest, threats of violence and/or escape threats directed at uniformed members of the service, a known history of violence, weapons possession, or escape/attempted escape. USE OF LEG RESTRAINTS The use of leg restraints does not replace the requirement to rear handcuff the prisoner. All procedures detailing the use of handcuffs remain in effect. When using leg restraints on a prisoner, the escorting officer is to exercise caution to prevent the prisoner from falling. Leg restraints MUST be used when transporting a prisoner that has refused to be fingerprinted and for ALL prisoners being transported to a hospital for medical treatment. If the desk officer determines that extenuating circumstances exist that preclude placing leg restraints on a prisoner that has refused to be fingerprinted or is being removed to a hospital for medical treatment, a Command Log entry will be made detailing the reason why. Leg restraints may not be placed on prisoners for “punitive” purposes. Determinations as to whether a particular prisoner presents a potential escape risk should be made on a case by case basis. Factors that can be considered in making this determination include the seriousness of the offense charged, prisoner unwillingness to identify himself or herself, forcible resistance to arrest, threats of violence and/or escape threats directed at police officers, known history of violence, weapons possession or escape/attempted escape. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 210-01 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 8 ACTIVATION OF DETENTION FACILITIES Borough court section concerned activates detention facilities, assigns cell space, and determines method of transportation for EVERY prisoner scheduled for detention or change of custody (i.e., to court, hospital) even though precinct of arrest has cells. Refer to P.G. 210-17, “Arrest Processing of Pre-Arraignment Prisoners Designated as ‘Special Category’ ” and/or P.G. 203-10, “Public Contact – Prohibited Conduct,” subdivision “a” following step “1”, regarding gender, if necessary. CITIZEN’S POLICY AND COMPLAINT REVIEW COUNCIL Members of the Citizen’s Policy and Complaint Review Council are permitted to enter and inspect precinct detention cells and any books or records pertaining to these cells at any and all times. ARREST OF LIMITED ENGLISH PROFICIENT OR HEARING IMPAIRED PERSONS Members of the service are reminded that if the prisoner appears to have difficulty understanding/communicating in English, the member of the service concerned should comply with P.G. 212-90, “Guidelines for Interaction with Limited English Proficient (LEP) Persons.” If the prisoner appears to be hearing impaired, the member of the service concerned should comply with P.G. 212-104, “Interaction with Hearing Impaired Persons.” The use of a bilingual employee or the Language Initiative Program is the preferential method for interpretation when interacting with a prisoner. It is recommended that certified members of the Language Initiative Program be used for custodial interrogations. Appropriate Command Log entries will be made when interpretation services are utilized. PRISONER CONFLICTS Whenever an arresting officer/investigator becomes aware that there is the need to separate two or more defendants from one another due to threats made by one defendant to another, or due to the potential for one defendant to assault another, a notation will be made at the bottom of each defendant’s Prisoner Movement Slip in the “Detention Alert” section under the caption “Other (Explain).” The notation must contain the name and arrest number of the other defendant involved, as well as an indication as to why separation is deemed necessary (e.g., prisoner had a fight with the other prisoner, prisoner was threatened by other prisoner). If separation is required for confidential or sensitive reasons, such as one prisoner testified against another, enter the name and telephone number of the arresting officer/assigned investigator so that further information can be obtained if necessary, rather than entering the actual reason for the separation. (If detention personnel are unable to contact the arresting officer/assigned investigator for further information, they will continue to keep the affected prisoners separated from one another). In the event that an arrest processing officer or escorting officer becomes aware that a conflict exists between prisoners requiring their separation, the officer must: a. Inform the arresting officer/assigned investigator of the circumstances in order that the latter may make entries on the Prisoner Movement Slips, OR b. Personally make entries on the Prisoner Movement Slips which must then be brought to the attention of the court section personnel for entry on the courthouse generated movement slips. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 210-01 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 7 of 8 The information entered on the Prisoner Movement Slip prepared at the precinct must also be entered on the computerized movement slip generated at the courthouse when the prisoner is photographed. In addition to the notation on the movement slip, the arresting officer/assigned investigator/escorting officer will notify the concerned borough court section supervisor. Members of the service assigned to prisoner detention functions at a command and at the courthouse must examine and be guided by the information contained in the “Detention Alert” caption on each Prisoner Movement Slip in regard to separating prisoners, etc. MONTHLY DETENTION CELL REPORT All commands with detention cells will forward monthly report on Typed Letterhead addressed to the Chief of Department (attention: Strategic Analysis Section), no later than the 15th day of the month listing the number of male and female prisoners detained during the previous month. Negative reports are required. HANDCUFFING PROTOCOL The Department’s policy is to handcuff all prisoners with hands behind their back. When a prisoner has surrendered at a law enforcement facility and is accompanied by an attorney, the uniformed member of the service may request authorization from an immediate supervisor not to use handcuffs, after the supervisor and uniformed member of the service have evaluated the following criteria: a. Potential threat to the officer, prisoner and other persons b. Possibility of the prisoner escaping. In all circumstances, uniformed members of the service should conduct a search of the prisoner. PRISONER SECURITY SURVEY To promote safety for members of the service and improve prisoner security, a prisoner security survey will be conducted annually during the last week of September, in all Department facilities where prisoners are processed. Commanding officers will make certain that prisoners being processed will not be allowed in areas containing Department lockers, or have access to any Department or personal property that might provide a means of escape or cause injury. The prohibition against prisoners being held, even temporarily, in areas containing Department lockers or of prisoners having access to Department or personal property of members shall be strictly enforced and clearly and frequently communicated to all members of the command by commanding officers concerned. Commanding officers will report the results of the annual prisoner security survey, by September 30th, each year, on Typed Letterhead, addressed to the bureau chief concerned, through channels. Included in the report will be a description of prisoner processing areas, hazards or deficiencies observed and corrective action taken. Investigative units located in precinct stationhouses will be surveyed by the precinct commander in consultation with the investigative unit commander. Results will be reported on the precinct commanding officer’s report. NO duplicate report is required from the investigative unit commander but responsibility for corrective actions will reside with the unit commander. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 210-01 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 8 of 8 Bureau chiefs will review the prisoner security survey reports received from subordinate commands. The reports will be forwarded to the Strategic Analysis Section, Office of the Chief of Department, with a covering Typed Letterhead, indicating that corrective action has been initiated or completed, if required. The Strategic Analysis Section is responsible for collating the reports received from bureau chiefs and providing administrative assistance to the Prisoner Security Board. PRISONERS AND VICTIMS WITH COMMUNICABLE DISEASES Information concerning a prisoner’s or a victim’s affliction with a communicable disease must be kept confidential. This information generally should not be released to the public, the media, the person’s family and friends, or to other prisoners. There may be unusual circumstances under which release of this information is warranted. Any such release, however, may only be made with the written consent of the Deputy Commissioner, Legal Matters. In some cases, prisoners may volunteer their positive status regarding a communicable disease indicating the need to be segregated from general prisoner population or the need for medical treatment. In such cases, isolation cells should be used, if available. This information may be recorded on a Prisoner Movement Slip or on form MEDICAL TREATMENT OF PRISONER (PD244-150) in order to alert personnel assigned to Corrections, District Attorneys’ offices or courts. Members of the service who are exposed to a communicable disease should follow the provisions of P.G. 205-10, “Exposure of Members of the Service to Infectious Diseases.” DISRUPTION IN CELL AVAILABILITY In those instances where there is a substantial disruption in the availability of detention cells, at either a command or a borough court section facility, caused by a civil or natural emergency, or disturbance, or any other circumstance which would deny the use of the cells, the commanding officer/duty captain investigating the incident will ensure that a telephone notification is made to the borough court section. An UNUSUAL OCCURRENCE REPORT (PD370-150) describing the incident will be faxed to the borough court section concerned. A copy of this REPORT will be forwarded to the Criminal Justice Bureau. The Criminal Justice Bureau will make the determination as to whether a notification is to be made to the New York State Commission of Correction. RELATED PROCEDURES Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Prisoner Meals (P.G. 210-06) Unusual Occurrences Involving Prisoners (P.G. 210-07) Guidelines for Prisoner Holding Pens (P.G. 210-08) FORMS AND REPORTS ARREST REPORT - SUPPLEMENT (PD244-157) MEDICAL TREATMENT OF PRISONER (PD244-150) PRISONER ROSTER (PD244-145) PRISONER TRANSPORT DISPATCH (PD171-132) Typed Letterhead UNUSUAL OCCURRENCE REPORT (PD370-150) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-02 HOSPITALIZED PRISONERS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 7 PURPOSE To safeguard hospitalized prisoners arrested by uniformed members of the service. SCOPE The responsibility for guarding hospitalized prisoners arrested by uniformed members of the service assigned to the Transit Bureau or Housing Bureau will rest with the district or police service area within which the hospital is located. When a prisoner is likely to be admitted, the arresting/assigned officer will make an immediate telephone notification to that district or police service area, requesting that a relief officer be provided by that command. The desk officer, precinct of hospitalization, may provide a uniformed member of the service to guard prisoner temporarily in multiple arrest cases, if arresting officer is required to process other prisoners. Such coverage shall not exceed one tour. PROCEDURE When prisoner in custody is admitted at a hospital: ARRESTING/ GUARDING OFFICER 1. 2. 3. Notify desk officer, precinct of arrest. Request desk officer of precinct where hospital is located to provide relief. Remain with prisoner until relieved. ARRESTING OFFICER 4. Search prisoner at hospital in presence of witnesses if prisoner was removed from scene of arrest direct to hospital. a. Search prisoner’s personal clothing, after removal by hospital personnel, for weapons, evidence, or contraband. NOTE Prisoners should be searched in accordance with P.G. 208-05, “Arrests – General Search Guidelines.” If a uniformed member of the appropriate gender is not available, have hospital personnel carefully search prisoner. 5. 6. 7. 8. Give hospital authorities receipt for property received. Enter in ACTIVITY LOG (PD112-145) list of property removed and any information necessary to process arrest. Report to precinct of arrest or designated arrest processing facility to continue arrest processing when relieved by guarding officer. a. If prisoner has not been printed, prepare fingerprint charts, if required. Deliver the following property to desk officer, precinct of arrest or designated arrest processing facility: a. Unlawfully carried b. Required as evidence c. Lawfully carried but dangerous to life or would facilitate escape d. Can be used to deface or damage property e. Press Card issued by this Department. (Forward to Deputy Commissioner - Public Information with report of facts). f. NYPD Auxiliary Police shield/I.D. card. (Forward to Auxiliary Police Section with report of facts). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-02 REVISION NUMBER: PAGE: 08/01/13 2 of 7 ARRESTING OFFICER (continued) g. DESK OFFICER, 9. PRECINCT OF ARREST 10. Direct preparation of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), and generate arrest number through the OMNIFORM computer system. Notify the concerned borough court section supervisor that prisoner has been removed to hospital and make Telephone Record entry. Notification should include: a. Prisoner’s name b. Prisoner’s arrest number c. Date and time prisoner removed to hospital d. Whether prisoner had been fingerprinted and Fax Control Number, if applicable e. Hospital admission number, if applicable. Direct uniformed member of the service to deliver copy of ON-LINE BOOKING SYSTEM ARREST WORKSHEET and fingerprint and palmprint charts, if appropriate, to desk officer of precinct in which hospital is located. Direct guarding member to follow P.G. 208-30, “Desk Appearance Ticket Hospitalized Prisoner,” if prisoner is eligible. Follow P.G. 210-05, “Bedside Arraignment,” if prisoner not eligible for a DESK APPEARANCE TICKET. h. 11. 12. 13. DESK OFFICER, PRECINCT OF HOSPITALIZATION 14. 15. 16. 17. Pistol license. (Forward to Commanding Officer, License Division, with report of facts). Itemized list of personal property except clothing which is retained by the hospital. Ascertain if hospital has a Department of Correction prison ward, and whether prisoner can be lodged at that location. a. Make entry of inquiry in Telephone Record. b. If prisoner admitted to prison ward, comply with P.G. 210-05, “Bedside Arraignment,” steps “22” through “25”. Assign uniformed member of the service, male or female, to guard prisoner. a. Do not assign a member from an outside precinct to guard a hospitalized prisoner. b. Assign member in civilian clothes to guard juvenile. c. Ensure that appropriate relief is provided to uniformed members of the service guarding prisoners. Have a duplicated copy of ON-LINE BOOKING SYSTEM ARREST WORKSHEET and fingerprint and palmprint charts, if appropriate, delivered to guarding member. Make continuous effort to have Department of Correction assume custody, if hospital has a Department of Correction prisoner ward. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-02 PATROL SUPERVISOR PAGE: 08/01/13 18. 19. 20. 21. GUARDING MEMBER REVISION NUMBER: 22. 23. 24. 25. 26. 27. 28. 3 of 7 Respond to hospital when informed prisoner is to be admitted. Examine hospital room for escape potential, i.e., windows, doors, possible access by unauthorized individual, etc. a. Request prisoner be moved to more secure quarters, if room is inadequate for security. b. Instruct member guarding prisoner regarding: security measures, visits by authorized persons, handcuffing of prisoners and to be constantly vigilant (see ADDITIONAL DATA). Report lack of cooperation of hospital personnel to commanding officer. Make appropriate entries in ACTIVITY LOG. Keep prisoner under constant observation, even if the prisoner is handcuffed to the hospital bed, to prevent escape at all times. Prevent unauthorized articles from being passed to prisoner. Keep desk officer, precinct of hospitalization, informed of condition of prisoner. Make periodic security inspection of prisoner’s immediate area including closets, bathroom, etc., for weapons or other contraband, especially upon assuming guard post and after authorized visitors or hospital personnel have been with prisoner. Take charge of any room telephone and allow only authorized calls by prisoners. a. Patrol supervisor or desk officer will be conferred with and his/her permission is needed prior to allowing prisoner to use telephone. b. Make entry in ACTIVITY LOG of authorizing supervisor’s identity and name, relationship, and telephone number of person called. Permit only the following persons, on official business, to interview prisoner: a. Ranking officer, this Department b. Detective c. District Attorney or representative d. Chief Medical Examiner or representative e. Member of the clergy (if requested by prisoner) f. Parole or probation officer g. Hospital personnel (assigned to treat prisoners) h. Social worker i. Federal law officer j. Supervising officer of other city department if prisoner is employee of that department. Allow the following to visit prisoner: a. Recipient of telegram from hospital superintendent with notification that prisoner is seriously ill. b. Lawyer - if requested by prisoner. c. Member of family, after receiving OFFICIAL LETTERHEAD (PD158-151) from desk officer, precinct of arrest, authorizing visit. Member of family includes “common-law” marriages, same sex couples, registered NYC domestic partners, different generations of the same family, siblings, in-laws, persons involved in “intimate relationships,” persons who live together in a familytype relationship, and children sixteen years or over. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-02 PAGE: 08/01/13 DESK OFFICER, 29. PRECINCT OF ARREST 30. 31. GUARDING MEMBER REVISION NUMBER: 32. 33. 34. 4 of 7 Authorize visits to prisoner by member of family only under following conditions: a. Application is made in person b. Applicants are properly identified members of family/household (see step “28”, subdivision “c”) c. Name and address of each person permitted to visit prisoner is listed on authorization d. Each person named in authorization must sign authorization in presence of desk officer e. If visitors are likely to interfere with an ongoing investigation, consult with investigative supervisor concerned prior to issuing an authorization to visit prisoner. Have uniformed member of the service deliver authorization to guarding member. Have each person authorized to visit prisoner sign name and address in ACTIVITY LOG. Enter in ACTIVITY LOG, information concerning name, address, and title of visitor. Notify desk officer, precinct of arrest, before end of tour, of identity of all visitors. Deliver copy of ON-LINE BOOKING SYSTEM ARREST WORKSHEET to relieving uniformed member of the service. DESK OFFICER, 35. PRECINCT OF ARREST Prepare ARREST REPORT - SUPPLEMENT (PD244-157) containing information concerning visitors. DESK OFFICER, PRECINCT OF HOSPITALIZATION 36. Notify commanding officer after being informed if prisoner is near death or will be totally incapacitated for a prolonged period of time. COMMANDING OFFICER, PRECINCT OF HOSPITALIZATION 37. Direct investigation to determine: a. Complete details of prisoner’s condition b. Complete details of arrest situation and prisoner’s history. Decide if guarding of prisoner should be discontinued. Have hospital authorities contacted by telephone each day and make inquiry concerning prisoner’s condition, if guard is removed. a. Direct patrol supervisor to visit hospital, as required. b. Have weekly telephone message sent to borough court section concerned, each Wednesday, reporting prisoner’s condition. Assign uniformed member of the service to guard prisoner when condition warrants. Have borough court section concerned notified, if prisoner dies, including date and time of death, and name of doctor who issues death certificate. Have member guarding prisoner obtain copy of death certificate and direct desk officer to forward same to Chief Clerk’s Office, borough Criminal Court concerned. 38. 39. 40. 41. 42. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-02 REVISION NUMBER: PAGE: 08/01/13 5 of 7 GUARDING MEMBER 43. Notify desk officer, precinct of arrest, when prisoner’s condition permits arraignment. DESK OFFICER, PRECINCT OF ARREST 44. Notify parents or guardian of impending release, if prisoner is under eighteen years of age. a. Make entry in Command Log of notification. ADDITIONAL DATA PERSONNEL SHORTAGES If a precinct experiences a shortage of personnel as a result of guarding hospitalized prisoners, a member from another precinct may be assigned to perform PATROL DUTY. HOSPITAL VISITS BY CIVILIAN-CLOTHED MEMBERS Uniformed members of the service in civilian clothes who are visiting hospitals shall keep all firearms and other weapons concealed, not visible to hospital personnel or visitors and not accessible to prisoners or other unauthorized persons. PRISONER TREATMENT AT PRIVATE HOSPITALS If the prisoner is treated or hospitalized at other than a New York City Health and Hospitals Corporation facility, the desk officer, precinct of arrest, is required to forward a report in a sealed envelope to: New York City Health and Hospitals Corporation, Fiscal Affairs, General Accounting Department. The report will include: a. Name and address of hospital or clinic b. Date and time of treatment or admission c. Name and address of prisoner d. Precinct of arrest - arrest number e. Name of doctor - diagnosis f. When illness, injury started (prior to, during or after arrest) g. Date of discharge. SECURITY PROCEDURES Borough supervisors, duty captains, and patrol supervisors will be directed to visit hospital emergency rooms and hospital wards with admitted prisoners frequently to observe the performance and attentiveness of uniformed members of the service assigned to guard prisoners. Supervisors will also evaluate the security of hospital rooms in which prisoners are held. If room security is inadequate, supervisors will request that hospital authorities transfer the prisoner to a more secure room. If the prisoner cannot be transferred, supervisors shall take whatever additional steps are necessary to ensure security of the prisoner (e.g. assigning an additional member to guard the prisoner, etc.). The Department’s policy is to handcuff all hospitalized prisoners to ensure the safety of persons present and prevent escape. However, under certain circumstances, the use of regular handcuffs may be impractical or inexpedient, i.e., prisoner is comatose, paralyzed, NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 210-02 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 7 last stages of pregnancy, or otherwise immobilized. Furthermore, the use of regular handcuffs may be impractical if the prisoner has arm or wrist injuries, burns, etc. ADDITIONAL DATA (continued) In a further effort to prevent injuries and escape, the Department has purchased long chain handcuffs and leg restraints which will be available for use on hospitalized prisoners. Guarding members, when using long chain handcuffs, will attach one cuff to bed frame and secure other cuff to prisoner. Leg restraints MUST be used when transporting a prisoner that has refused to be fingerprinted. If the desk officer determines that extenuating circumstances exist that preclude placing leg restraints on a prisoner that has refused to be fingerprinted, a Command Log entry will be made detailing the reason why. The use of leg restraints does not replace the requirement to rear handcuff the prisoner. All procedures detailing the use of handcuffs remain in effect. When using leg restraints on a prisoner, the escorting officer is to exercise caution to prevent the prisoner from falling. The patrol supervisor will respond to the hospital and evaluate the situation whenever a prisoner is admitted to a hospital. This evaluation will include a conferral with the attending physician to determine the method of restraint to be used, e.g., handcuffs, long chain handcuffs, or leg restraints. The patrol supervisor will notify the desk officer, precinct of hospitalization, with recommendation. In situations where it is determined that the use of regular handcuffs, long chain handcuffs, or leg restraints would be impractical or inexpedient, the desk officer, precinct of hospitalization, has the discretion to authorize that such methods of restraint not be used. However, if condition of the prisoner significantly improves, the patrol supervisor will respond and re-evaluate the situation, confer with the desk officer, precinct of hospitalization, and follow the desk officer’s directions regarding handcuffing the prisoner. Patrol supervisors will assess the potential for escape of a hospitalized prisoner. In cases where the escape potential is deemed high, desk officer/patrol supervisor will direct that all uniformed members of the service guarding that prisoner have two sets of handcuffs available. All hospitalized prisoners (EXCEPT those not deemed to have an escape potential) will be handcuffed to the bed with one wrist secured to one side of the bed. To prevent escape, handcuffs are to be double locked, at all times. When it becomes necessary to uncuff the prisoner to allow for medical treatment of the prisoner, the second set of handcuffs will be utilized to cuff the free hand to the bed before uncuffing the first hand. Prisoners should not have both hands cuffed to the bed unnecessarily. Additional sets of handcuffs are kept in precincts that cover hospitals where prisoners are usually admitted (e.g., 71 Precinct for Kings County Hospital). Patrol supervisors and desk officers shall direct that, when one uniformed member’s handcuffs are being removed from a prisoner, the second member’s handcuffs are placed on the prisoner before the first member’s handcuffs are removed. When a prisoner is admitted to the Intensive Care Unit of a hospital, the patrol supervisor will assess the potential for escape. If the prisoner is deemed to have escape potential, the prisoner will be secured to the bed frame utilizing plastic flex cuffs. Plastic flex cuffs do not conduct electricity should medical personnel need to defibrillate the prisoner. RELATED PROCEDURES Desk Appearance Ticket - Hospitalized Prisoner (P.G. 208-30) Hospitalized Prisoners - Arrests by Members of Other Police Agencies (P.G. 210-03) Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Bedside Arraignment (P.G. 210-05) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 210-02 FORMS AND REPORTS DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 7 of 7 ACTIVITY LOG (PD112-145) ARREST REPORT - SUPPLEMENT (PD244-157) DESK APPEARANCE TICKET (COMPUTER FORM) OFFICIAL LETTERHEAD (PD158-151) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-03 HOSPITALIZED PRISONERS - ARRESTS BY MEMBERS OF OTHER POLICE AGENCIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To advise other police agencies of the procedure to be followed in guarding hospitalized prisoners arrested by members of their agencies. DEFINITION OTHER POLICE AGENCIES: a. New York City Department of Correction b. New York State Department of Correction c. Uniformed Court Officers d. Port Authority Police e. Metropolitan Transportation Authority Police f. Amtrak g. Sea Gate Police h. F.D.N.Y. (Fire Marshals) i. Department of Environmental Protection. NOTE Uniformed members of the service of the New York City Police Department will continue to guard hospitalized prisoners arrested by members of the Triborough Bridge and Tunnel Authority Police Department. PROCEDURE When an arrest is effected by a member of another police agency and the prisoner is admitted to a hospital: DESK OFFICER, PRECINCT OF ARREST/ BOROUGH COURT SECTION 1. 2. 3. 4. DESK OFFICER, PRECINCT OF HOSPITALIZATION 5. 6. DESK OFFICER 7. CONCERNED Advise arresting officer that he/she must guard prisoner and notify agency concerned to provide relief so that arrest processing will not be delayed. Notify agency concerned, by telephone, to provide guards around the clock. Record under “narrative” on ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), name and location of hospital and ward or room number. Notify desk officer of precinct wherein hospital located, if hospital located in other than precinct of arrest. Provide uniformed member of the service to guard prisoner temporarily in multiple arrest cases, if arresting officer is required to process/arraign other prisoners. a. Notify agency concerned, by telephone, to provide relief (give location of hospital and room or ward number). b. Make follow-up notification if relief not provided within one hour. Request agency to provide prisoner with transportation to court at time of release from hospital. a. Agency concerned will supply officer to guard prisoner. Supply authorization for visits to prisoner as per P.G. 210-02. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 210-03 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 Photographic Unit will photograph prisoners arraigned at bedside by arresting agencies. Similarly, the Identification Section will provide expertise in obtaining fingerprints, if normal means cannot be utilized. Borough court section concerned will provide staff assistance to arresting agency in bedside arraignments, when necessary. RELATED PROCEDURES Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Hospitalized Prisoners (P.G. 210-02) Bedside Arraignment (P.G. 210-05) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-04 PRISONERS REQUIRING MEDICAL/PSYCHIATRIC TREATMENT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 8 PURPOSE To obtain medical/psychiatric treatment for prisoners in police custody. DEFINITION PRISONER REQUIRING PSYCHIATRIC TREATMENT - an emotionally disturbed prisoner, who has attempted suicide, is extremely violent, or exhibits other irrational behavior. PROCEDURE When a prisoner in custody requires medical/psychiatric treatment: UNIFORMED MEMBER OF THE SERVICE 1. Request ambulance and remove prisoner to hospital directly from place of arrest, if necessary. a. Accompany prisoner to hospital. b. Make ACTIVITY LOG (PD112-145) entry. (1) Include name of person notified re: Medic Alert Emblem, if worn. (2) Include Ambulance Call Report (ACR) number or Patient Care Report (PCR) number related to the prisoner (obtain from responding ambulance attendant). c. Notify desk officer. SUPERVISOR AT SCENE 2. Ensure that MEDICAL TREATMENT OF PRISONER (PD244-150) form is prepared in accordance with step “4” below and accompanying ADDITIONAL DATA statements under heading, “PREPARATION OF MEDICAL TREATMENT OF PRISONER FORM”, when a prisoner is removed from the scene of an arrest direct to a hospital for medical/psychiatric treatment. a. Review and sign Section I of MEDICAL TREATMENT OF PRISONER form. DESK OFFICER, COMMAND OF ARREST/ BOROUGH COURT SECTION 3. Request ambulance and have prisoner removed to hospital, if medical/ psychiatric/drug addiction treatment is required during arrest processing (see ADDITIONAL DATA statements under heading, “LIFETHREATENING MEDICAL SITUATIONS” and “SUSPECTED INGESTION OF NARCOTICS/OTHER DANGEROUS SUBSTANCES”). a. Make Command Log entry. (1) Include name of person notified re: Medic Alert Emblem, if worn. (2) Include Ambulance Call Report (ACR) number or Patient Care Report (PCR) number related to the prisoner (obtained from the responding ambulance attendant). Ensure that MEDICAL TREATMENT OF PRISONER form is prepared for each prisoner who: a. Receives medical/psychiatric treatment, OR b. Refuses treatment after claiming injury or illness, OR c. Is in apparent need of treatment, OR 4. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-04 DESK OFFICER, COMMAND OF ARREST/ BOROUGH COURT SECTION (continued) PAGE: 08/01/13 2 of 8 d. e. 5. 6. 7. 8. 9. ARRESTING/ ESCORTING OFFICER REVISION NUMBER: 10. 11. 12. 13. 14. 15. May require prescribed medication, OR Volunteers his/her positive status regarding a communicable disease, if not documented on Prisoner Movement Slip, OR f. Already has previously treated injuries. Direct, in non-emergency situations, that prisoners requiring medical, psychiatric, or drug addiction treatment, which may result in being admitted to the hospital, be removed to a local hospital for treatment and evaluation. Confer with medical staff at the local hospital. If the medical staff at that hospital determines that the prisoner has a psychiatric condition that requires admission to a hospital, the prisoner will be transferred to the appropriate hospital as determined by medical staff, using only a private ambulance under contract with that local hospital. FDNY Emergency Medical Service ambulances will NOT be used to transport the prisoner. Generally: a. MALE prisoners requiring admission for psychiatric treatment will be transported to Bellevue Hospital. b. FEMALE prisoners requiring admission for psychiatric treatment will be transported to Elmhurst General Hospital. Assign uniformed member of the service to escort prisoner. a. Ensure that appropriate relief is provided to uniformed members of the service guarding prisoners. Make entry in Command Log when prisoner leaves. Direct arresting officer to continue arrest processing, and have another uniformed member of the service assigned to escort prisoner, when possible. Rear cuff and place leg restraints on prisoner before transporting to hospital. a. Handcuffs and leg restraints will be double locked. Remain with prisoner at all times in hospital. Notify the desk officer of prisoner status prior to transport from local hospital to Bellevue or Elmhurst General Hospital. Ride inside the ambulance when accompanying the prisoner to either Bellevue or Elmhurst General Hospital. Make ACTIVITY LOG entry. a. Include name of person notified re: Medical Alert Emblem, if worn. b. Include Patient Identification Number (in place of Ambulance Call Report [ACR] number or Patient Care Report [PCR] number) related to the prisoner (obtained from hospital intake personnel). Notify desk officer, precinct of arrest/borough court section facility, regarding Medical Alert Emblem and Patient Identification number. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-04 DESK OFFICER, COMMAND OF ARREST/ BOROUGH COURT SECTION ESCORTING OFFICER REVISION NUMBER: PAGE: 08/01/13 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 3 of 8 Make Command Log Entry. a. Include name of person notified re: Medical Alert Emblem. b. Include Patient Identification Number (in place of Ambulance Call Report [ACR] number or Patient Care Report [PCR] number) related to the prisoner [obtained from hospital intake personnel]. Make the appropriate notation of the prisoner’s new location and determine, what, if any, additional resources are needed for the transfer, if a prisoner is transferred from the initial hospital to another hospital for psychiatric treatment. Request room change if security is inadequate. Do not remove handcuffs or leg restraints, unless requested by attending physician. a. If requested to remove handcuffs or leg restraints, inform physician of circumstances of arrest. b. If physician still requests removal, request the response of the patrol supervisor to evaluate the need for additional personnel and equipment (including Emergency Service Unit) to ensure safety during prisoner treatment prior to removal of handcuffs or leg restraints. Remain immediately outside room and attempt to maintain visual contact even if requested to leave examination room after informing physician of circumstances of arrest. Make appropriate entries of foregoing in ACTIVITY LOG and request attending physician to sign entries. a. Indicate physician’s refusal to sign any entries. Complete entries on MEDICAL TREATMENT OF PRISONER form. Notify desk officer, precinct of arrest, who will notify borough court section concerned immediately, if prisoner is admitted to any hospital (see P.G. 210-02, “Hospitalized Prisoners”). Forward copy of ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) to Department of Correction supervisor for any prisoner admitted for psychiatric treatment in Bellevue or Elmhurst General Hospitals. Request borough court section concerned to supply transportation, if available, to return prisoner to command of arrest/borough court section facility, as appropriate, when prisoner is released to police custody. a. Return prisoner to command of arrest if arrest processing not completed thereat. b. Remove prisoner to borough court section facility if arrest processing was completed at command of arrest. Deliver completed MEDICAL TREATMENT OF PRISONER form to desk officer, borough court section facility. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-04 PAGE: 08/01/13 27. DESK OFFICER, BOROUGH COURT SECTION REVISION NUMBER: 28. 4 of 8 Forward three copies of completed MEDICAL TREATMENT OF PRISONER form (white, blue, and pink) with prisoner to Department of Correction. a. Retain fourth (buff) copy of MEDICAL TREATMENT OF PRISONER form at borough court section facility. Direct arresting/escorting officer to obtain receipt for prisoner on pink copy of form and return to borough court section facility. a. Complete entries on buff copy of form retained at desk and return to command of arrest. b. File pink copy of form at borough court section facility. c. Forward duplicated copy of MEDICAL TREATMENT OF PRISONER to arresting officer’s command for file, if different than command of arrest. DESK OFFICER, COMMAND OF ARREST 29. File buff copy of MEDICAL TREATMENT OF PRISONER form in folder maintained at desk. ADDITIONAL DATA PRISONER SECURITY To prevent escape, leg restraints will be placed on ALL prisoners transported to a hospital for medical treatment. If the desk officer determines that extenuating circumstances exist that preclude placing leg restraints on a prisoner that is being transported to the hospital for medical treatment, a Command Log entry will be made detailing the reasons why. All procedures detailing the use of handcuffs remain in effect. When using leg restraints on a prisoner, the escorting officer is to exercise caution to prevent the prisoner from falling. Patrol supervisors and desk officers shall assign additional personnel to accompany arresting officers who remove prisoners to hospitals for treatment, based on the following: a. Type of offense (e.g., violent crime, resisting arrest) b. Physical size of prisoner c. Prisoner’s past history, if known (e.g., history of violence, escape attempts) d. Suspected escape opportunity e. Lack of physical signs of injury (e.g., faking injury to attempt escape) In the event the prisoner must be placed in a hospital bed or on a gurney: a. Handcuff prisoner (double locked) to the bed or gurney b. Utilize second pair of handcuffs to handcuff prisoner’s free wrist to bed or gurney, before removing first pair of handcuffs for treatment c. Keep prisoner under constant observation, even if prisoner is handcuffed to a hospital bed or gurney, to prevent escape at all times. Supervisors may also consider the assignment of Emergency Service Unit for extraordinary circumstances. Patrol supervisors and desk officers shall direct that long chain handcuffs and leg restraints be used to secure prisoners when appropriate NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 210-04 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 8 LIFE-THREATENING MEDICAL SITUATIONS IN ALL LIFE THREATENING SITUATIONS, APPARENT HEART ATTACK, BREATHING DIFFICULTIES, SERIOUS FRACTURES, SEVERE HEMORRHAGING, EPILEPSY, EXTREME EMOTIONAL DISTURBANCE, ETC., A PRISONER WILL BE REMOVED TO THE NEAREST HOSPITAL. SUSPECTED INGESTION OF NARCOTICS/OTHER DANGEROUS SUBSTANCES When a uniformed member of the service observes or suspects that a prisoner has ingested a narcotic or other dangerous substance, the prisoner will be transported from the place of arrest DIRECTLY to the nearest hospital facility. The uniformed member of the service WILL PROMPTLY notify the communications section dispatcher and the patrol supervisor upon observation or suspicion of ingestion, when transport to hospital is initiated, and upon arrival at the hospital. Emergency Medical Service (EMS) and hospital personnel will be informed of the quantity and type of substance ingested, if known. UNDER NO CIRCUMSTANCES will a prisoner who has ingested a narcotic or other dangerous substance be transported to the command for arrest processing prior to receiving medical treatment. Whenever a member of the Criminal Justice Bureau assigned to a Borough Court Section observes, suspects, is informed of, or otherwise becomes aware that a prisoner in the custody of the Court Section may have ingested a narcotic and/or other dangerous substance and has not already been treated by a doctor for that condition, the member will immediately notify the Borough Court Section desk officer. The Borough Court Section desk officer will make a Command Log entry and arrange for the immediate removal of the prisoner to the nearest hospital emergency room. In those Borough Court Sections where the Emergency Medical Service is situated, the Borough Court Section desk officer will request the assistance of the assigned Emergency Medical Technicians (EMT) regarding the prisoner’s medical treatment. However, in all cases where ingestion is suspected, it is the responsibility of the supervisor to ensure that the prisoner is removed to the nearest hospital emergency room for treatment. In all cases, the Borough Court Section desk officer will document the occurrence in the Command Log and direct the preparation of the MEDICAL TREATMENT OF PRISONER form. RELIEF OF ARRESTING OFFICER GUARDING HOSPITALIZED PRISONER In addition, when a prisoner is transported directly from the place of arrest directly to a hospital facility, the desk officer, precinct of arrest, will ensure that the arresting officer is relieved as soon as possible to expedite arrest processing. The arresting officer will comply with P.G. 210-02 “Hospitalized Prisoners” in regards to vouchering prisoner’s property. TREATMENT OF PRISONERS DETAINED IN DETENTION FACILITIES When a prisoner who has been detained at a borough court section or other detention facility, but has not been arraigned, requires medical/psychiatric/drug addiction attention, the borough court section or command supervisor will ensure that the MEDICAL TREATMENT OF PRISONER form is prepared and distributed, as indicated. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-04 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 6 of 8 Whenever a member of the Criminal Justice Bureau assigned to a Borough Court Section is informed of, or otherwise becomes aware that a prisoner in the custody of that Court Section requires medical/psychiatric/drug addiction attention, that member will immediately notify the Borough Court Section desk officer. The Borough Court Section desk officer will make a Command Log entry and ensure that medical treatment is provided. In Borough Court Sections where the Emergency Medical Service is situated, the Borough Court Section desk officer will request the assistance of the assigned Emergency Medical Technicians (EMT) regarding the prisoner’s medical treatment. However, if it is determined that a prisoner requires medical attention at a hospital emergency room, the supervisor is responsible to ensure that the prisoner is transported immediately for treatment. In all cases, the Borough Court Section desk officer will document the occurrence in the Command Log and direct the preparation of a MEDICAL TREATMENT OF PRISONER form. PRE-ARRAIGNMENT PRISONERS REQUIRING PRESCRIPTION MEDICATIONS If, during the course of treating a pre-arraignment prisoner, a hospital physician or his/her health care assistant indicates the need for information concerning invoiced medication belonging to the prisoner, the individual will be given the appropriate PROPERTY CLERK INVOICE (PD521-141) number. Furthermore, such individuals will be advised on how to contact the desk officer in the NYPD facility where the medication is invoiced. Desk officers receiving telephone inquiries of this nature are authorized to provide the name of the medication. If the hospital physician, after learning the name of the medication, advises the desk officer that the medication is not available at the hospital and requests that the medication be delivered to the hospital, the desk officer shall comply with the request. In this instance, the desk officer shall: a. b. c. d. Check the name of the medication against the PROPERTY CLERK INVOICE, as appropriate. Complete the “R.T.O.” function utilizing the Property and Evidence Tracking System. Sign rank and name and include pertinent details under “Remarks” section including name of physician, hospital, and name of uniformed member assigned to deliver medication. Release medication to uniformed member assigned to make delivery. Make appropriate Command Log entry with all pertinent details. The member assigned to deliver the medication to the authorized physician shall indicate receipt thereof by requesting the physician to sign the member’s ACTIVITY LOG. If the physician refuses to sign, the uniformed member of the service concerned will note such fact in his/her ACTIVITY LOG, making sure to include the full title and name of the person refusing and all details involved. In the event that any medication is returned to the command, it will have to be invoiced again pursuant to this procedure. If a physician at a hospital provides a pre-arraignment prisoner with medication to be taken by the prisoner during the pre-arraignment period, the uniformed member accompanying the prisoner will take custody of the medication until the member reaches the court section for processing. At this location the medication will be given to the available emergency medical technician (EMT) to hold until the prisoner needs to selfadminister it. If a pre-arraignment prisoner needs further medication during the period of pre-arraignment detention in any form that is not authorized to be administered by an EMT, he or she will be taken to a hospital for that medication. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 210-04 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 7 of 8 Prepare MEDICAL TREATMENT OF PRISONER form when a properly identified relative or member of the prisoner’s household appears at any Department facility where the pre-arraignment prisoner is located and: a. indicates that the prisoner has a medical condition or needs medication, AND/OR b. brings medication in a pharmacy container with the prisoner’s name. The uniformed member preparing the form will ensure that all pertinent information is entered in the appropriate captions and in the “Remarks” section, including the name, address, and telephone number of the relative or household member, name of medication(s), nature of medical condition(s), and the name, address, and telephone numbers of the pharmacy and any physician noted on the label of any pharmacy container. If as described above a properly identified relative or member of the prisoner’s household appears at a Department facility and the pre-arraignment prisoner in question is not being detained there, the uniformed member of the service (UMOS) concerned will determine if the prisoner is still in Department custody. If so, the UMOS will ascertain the location and inform his/her supervisor. This supervisor will in turn contact the desk officer/supervisor at the Department facility where the prisoner is being held. Both the supervisor making the notification and the desk officer/supervisor receiving it will make respective command log entries. The entries will include the time of notification, the prisoner’s name, and the name of the desk officer/supervisor receiving/making the notification. In addition, the desk officer/supervisor at the lodging facility receiving information relating to the prisoner’s need for prescription medication shall prepare a MEDICAL TREATMENT OF PRISONER form. Uniformed members of the service will not be required to accept medication from relatives or household members for the purpose of providing it to the prisoner. Uniformed members of the service will not be required to invoice prisoner medications brought to the command by relatives or household members. UNUSUAL PRISONER OCCURRENCES When a prisoner dies, is seriously injured in connection with a police activity, or sustains an injury resulting from a police firearms discharge, the uniformed member of the service will immediately request the response of the patrol supervisor, safeguard the possible crime scene and provide and/or secure appropriate medical attention for the injured prisoner. The patrol supervisor will respond to the scene, assess the situation, notify the desk officer and establish crime scene if necessary. The desk officer will notify the patrol borough, Operations Unit, commanding officer/duty captain, Internal Affairs Bureau Command Center, the precinct detective squad, and detective borough command. PREPARATION OF MEDICAL TREATMENT OF PRISONER FORM In the event that a prisoner has prescription medications in his/her possession, such will be invoiced as required in P.G. 208-03, “Arrests - General Processing.” In addition, with respect to any such medications, ensure that all appropriate captions on the MEDICAL TREATMENT OF PRISONER form are properly filled out. Information listed on the pharmacy label of a prisoner’s prescription container, which may include the name, address, and telephone number of the pharmacy/physician concerned, will be recorded in the appropriate captions and in the “Remarks” section of the form. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 210-04 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 8 of 8 Ensure that the “Remarks” section also contains any specific instructions from Emergency Medical Service (EMS) staff regarding the care of the prisoner, and/or if EMS staff brought the prisoner to a hospital room for further treatment. The appropriate check off boxes will be used to document that a prisoner has refused medical aid. ADDITIONAL DATA (continued) The Ambulance Call Report (ACR) number or Patient Care Report (PCR) number related to the prisoner will be entered in the appropriate caption in Section I of the MEDICAL TREATMENT OF PRISONER form. An ACR number is assigned when a prisoner is transported to hospital via ambulance; a PCR number, in contrast, is assigned when a prisoner is transported to a hospital by any other means, e.g., RMP. In any instance where either a prisoner, attending physician, or hospital staff member, refuses to complete or sign in the designated caption(s) on the MEDICAL TREATMENT OF PRISONER form, the uniformed member of the service concerned will note such fact on both the form and in his/her ACTIVITY LOG, making sure to include the full title and name of the person refusing and all details involved. The Health and Hospitals Corporation (HHC) is entitled to a copy of the MEDICAL TREATMENT OF PRISONER form. Therefore upon completion of the treatment of the prisoner, the uniformed member of the service concerned will allow hospital personnel to photocopy this form. A copy of MEDICAL TREATMENT OF PRISONER form MUST accompany the prisoner until his/her custody is no longer the responsibility of this Department. RELATED PROCEDURES Arrests - General Processing (P.G. 208-03) Desk Appearance Ticket - Hospitalized Prisoner (P.G. 208-30) Hospitalized Prisoners (P.G. 210-02) Bedside Arraignment (P.G. 210-05) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) MEDICAL TREATMENT OF PRISONER (PD244-150) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-05 BEDSIDE ARRAIGNMENT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To reduce manpower required to guard prisoners confined in hospitals. DEFINITION PRISON WARD - a hospital ward under the jurisdiction of the Department of Correction. PROCEDURE When a prisoner not eligible for a DESK APPEARANCE TICKET (PD260-121), is admitted to a hospital prior to arraignment, comply with P.G. 210-02, “Hospitalized Prisoners,” and, in addition: DESK OFFICER, PRECINCT OF ARREST 1. Have arresting officer report to the precinct of arrest or other designated arrest processing facility and have court affidavit prepared. ARRESTING OFFICER 2. Instruct civilian complainant to appear at the precinct of arrest, designated arrest processing facility, or Criminal Court on scheduled return date, as appropriate, if Supporting Deposition is not prepared. DESK OFFICER, PRECINCT OF ARREST 3. Upon completion and signing of court affidavit by arresting officer, notify borough court section supervisor concerned that the court affidavit has been completed and request a bedside arraignment for hospitalized prisoner. a. Enter notification in Telephone Record. BOROUGH COURT SECTION SUPERVISOR CONCERNED 4. Have completed arrest package delivered to Court Clerk for docketing. DESK OFFICER, PRECINCT OF DETENTION 5. 6. Prepare BEDSIDE ARRAIGNMENT WORKSHEET (PD244-1411). Ensure that a copy of all completed arrest related paperwork is kept in a folder at the desk, including: a. ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) b. Prisoner Movement Slip c. BEDSIDE ARRAIGNMENT WORKSHEET. Have copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET and fingerprint/palmprint charts, (if required), delivered to guarding officer (see P.G. 210-02, “Hospitalized Prisoners”). Assign uniformed member of the service to fingerprint/palmprint prisoner, if required. a. Obtain assistance from Identification Section, if fingerprints/palmprints cannot be obtained by normal means. Contact hospital administrator and determine how long prisoner will be confined for treatment. 7. 8. 9. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-05 REVISION NUMBER: PAGE: 08/01/13 2 of 3 NOTE If hospital denies permission to fingerprint/palmprint, photograph or arraign prisoner due to prisoner’s physical condition, ascertain earliest date when the prisoner can be processed. GUARDING MEMBER 10. 11. DESK OFFICER, PRECINCT OF DETENTION 12. 13. 14. 15. GUARDING MEMBER 16. DESK OFFICER, PRECINCT OF DETENTION 17. 18. Notify desk officer, precinct of detention, when fingerprints/palmprints have been taken. Ask prisoner if he/she wants legal assistance and/or an interpreter and notify desk officer, precinct of detention, of results. Record information concerning fingerprinting, request for legal assistance and/or interpreter on BEDSIDE ARRAIGNMENT WORKSHEET. Direct precinct messenger to deliver completed fingerprint/palmprint charts to the borough court section supervisor concerned, if necessary. Request Photographic Unit to photograph prisoner. a. Furnish Photographic Unit with information listed on BEDSIDE ARRAIGNMENT WORKSHEET. Notify desk officer, precinct of detention, when prisoner has been photographed. After arraignment, notify desk officer, precinct of detention, with the following information: a. Judge’s name b. Arraignment date c. Disposition of arraignment Record arraignment information on BEDSIDE ARRAIGNMENT WORKSHEET and in Telephone Record. Reassign guarding officer if prisoner is released from custody or posts bond. NOTE Bail may be posted at the borough criminal court concerned, not at the stationhouse, precinct of detention. After bail is posted, the Bail Receipt will be delivered to the desk officer, precinct of detention. GUARDING MEMBER 19. 20. 21. 22. 23. 24. Obtain copy of Court Commitment order from the court officials, if prisoner is held on bail or remanded. Contact hospital liaison and inquire about arrangements made for transfer of prisoner to Department of Correction. Notify desk officer, precinct of detention, of transfer arrangements. Deliver prisoner and Court Commitment order to the Department of Correction officer at hospital. Sign Department of Correction form “Prisoner Ward Record” as a receipt for prisoner. Make appropriate entries in ACTIVITY LOG (PD112-145) and include prisoner’s name, arrest number, correction officer’s name and shield number. a. Ensure ACTIVITY LOG entries correspond with entries made by correction personnel under “Valuables Received” on Prisoner Ward Record. b. Report any discrepancy to desk officer, precinct of detention. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-05 DESK OFFICER, PRECINCT OF DETENTION REVISION NUMBER: PAGE: 08/01/13 25. 26. 3 of 3 Notify borough court section concerned when: a. Prisoner has been transferred. b. Bedside arraignment is delayed in excess of six or more days. c. Any problem arises which cannot be resolved by detention precinct personnel. Upon completion of arraignment, have folder containing arrest related paperwork filed at precinct of detention. PLANNING OFFICER, PRECINCT OF DETENTION 27. 28. ADDITIONAL DATA When a prisoner is released from a hospital prior to arraignment, the guarding member will obtain a signed medical release from the attending physician and escort the prisoner, rear cuffed, to court for arraignment. The uniformed member concerned will deliver the medical release to the borough court section supervisor. If a complaint has been previously prepared, borough court section personnel will retrieve and deliver the complaint to the court clerk for docketing. 29. Coordinate the procedural steps involved in bedside arraignments. Establish communication with agencies and hospitals that may be involved in bedside arraignments. Maintain a file containing the telephone number(s) of individuals to be contacted when arranging for bedside arraignments. When a Certificate of Release is presented for an arraigned and hospitalized prisoner stating that bail has been posted, the guarding member will notify the desk officer, precinct of detention, who will make appropriate entries on the BEDSIDE ARRAIGNMENT WORKSHEET and ON LINE BOOKING SYSTEM ARREST WORKSHEET. The Certificate of Release will be attached to the ON LINE BOOKING SYSTEM ARREST WORKSHEET and the borough court section supervisor will be notified. RELATED PROCEDURES Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Hospitalized Prisoners (P.G. 210-02) FORMS AND REPORTS ACTIVITY LOG (PD112-145) BEDSIDE ARRAIGNMENT WORKSHEET (PD244-1411) DESK APPEARANCE TICKET (PD260-121) OFFICIAL LETTERHEAD (PD158-151) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-06 PRISONERS' MEALS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide meals for detained prisoners. DEFINITION MEAL HOURS - between 0500-0600, 1200-1300, and 1800-1900 hours. PROCEDURE When a prisoner is confined in a detention cell: POLICE ATTENDANT 1. NOTE Meals must be provided by this Department to prisoners: a. With funds who want to purchase own meal b. With funds who want meals supplied by this Department c. Without funds. DESK OFFICER 2. 3. 4. 5. 6. OPERATIONS COORDINATOR 7. 8. COMMANDING 9. OFFICER 10. Determine number of meals required and notify desk officer. a. Hot liquids (coffee, tea, hot chocolate, etc.), will not be provided with a prisoner’s meal. Telephone restaurant, order required number of meals and obtain cost. a. Cost to Department may not exceed $1.80 per meal, per prisoner. Prepare and sign PRISONER MEAL VOUCHER (PD144-051). a. Prepare separate PRISONER MEAL VOUCHER for each meal period. Issue vendor his/her copy of PRISONER MEAL VOUCHER when meal is delivered to precinct or picked up at restaurant. Direct attendant to enter cost of meal provided each prisoner on PRISONER ROSTER (PD244-145). a. If prisoner obtains food with own funds or refuses meal, entry must be made on PRISONER ROSTER and in Command Log. Submit remaining copies of PRISONER MEAL VOUCHER to Operations Coordinator. Prepare separate EXPENSE REPORT (PD102-061) set at end of month for each restaurant from which meals were obtained. a. List the name and address of the vendor, the period covered and the total amount due the restaurant. Submit EXPENSE REPORT sets and PRISONER MEAL VOUCHERS to commanding officer. Certify each EXPENSE REPORT set and forward original and first copy with original copies of related PRISONER MEAL VOUCHERS to Audits and Accounts Unit by the 15th of each month. File remaining copy of EXPENSE REPORT with related copy of PRISONER MEAL VOUCHERS attached. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 210-06 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 ADDITIONAL DATA When medical or other unusual conditions exist, a desk officer may authorize additional prisoner meals or meals at other than designated hours. A Command Log entry explaining the circumstances will be made. If a prisoner, who has missed the designated meal period due to arrest processing or any other reason requests to be fed, the desk officer will authorize such meal. FORMS AND REPORTS EXPENSE REPORT (PD102-061) PRISONER MEAL VOUCHER (PD144-051) PRISONER ROSTER (PD244-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-07 PRISONERS – UNUSUAL OCCURRENCE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To make notifications and investigate certain unusual occurrences related to prisoners. DEFINITION UNUSUAL OCCURRENCE – With regard to prisoners, means that a prisoner in the custody of this Department, or an unarraigned prisoner in the custody of the New York City Department of Correction: a. Dies, or b. Attempts suicide, or c. Assaults a member of the service, or d. Escapes or attempts to escape, or e. Is subdued with a Conducted Energy Device, or f. Is involved in any other occurrence of an unusual nature. PROCEDURE When an adult prisoner or a child under sixteen in custody is involved in an unusual occurrence: DESK OFFICER 1. 2. 3. COMMANDING 4. 5. OFFICER/ 6. DUTY CAPTAIN 7. Notify commanding officer/duty captain. Notify Operations Unit, including: a. Name and sex of prisoner or child in custody b. Charge for which prisoner or child in custody is held. Notify Internal Affairs Bureau Command Center if prisoner dies, attempts suicide, escapes or attempts to escape. Conduct investigation of incident. Prepare a report on Typed Letterhead. Forward three copies of report in all adult prisoner cases, one copy of report for child in custody and two copies of report if child in custody dies to Chief of Department, DIRECT. If death occurs, include photographs and any other supportive information. Forward one additional copy of report to each of the following: a. Chief of Patrol (DIRECT) b. Chief of Internal Affairs Bureau c. Commanding Officer, Office of Management Analysis and Planning d. Commanding Officer, Criminal Justice Bureau e. Commanding Officer, Performance Monitoring Analysis Unit f. Each intermediate command g. Commanding officer of member of the service concerned, if member not assigned to reporting command h. Commanding Officer, Firearms and Tactics Section, if a Conducted Energy Device was used to contain/restrain a prisoner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 210-07 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 The New York State Correction Law Section 47(2) mandates that a report be made to the New York State Commission of Correction whenever a death occurs while a prisoner is in police custody while lodged in a detention or holding cell, being transported to the borough courthouse for arraignment after having been in a detention or holding cell, or at the hospital after having been lodged in a detention or holding cell. If a death occurs prior to a prisoner having been in a detention or holding cell a notification to the New York State Commission of Correction is not necessary. Whenever a reportable death occurs while in custody, the commanding officer of the facility or the duty captain responsible for the immediate follow-up investigation will complete the form entitled, “Report of Inmate Death to State Commission of Correction (SCOC M187)”. Only items one through thirtysix will be completed on the form. Whenever a question does not apply or an answer is not available, the letters “DNA” will be entered in the allotted space on the form. The commanding officer/duty captain will then fax the form directly to the New York State Commission of Correction within six hours of the death, and immediately follow-up with the New York State Commission of Correction to confirm receipt of the faxed copy of the Report of Inmate Death to State Commission of Correction (SCOC M187). The form will also be mailed within ten days of the death to the New York State Commission of Correction, Attention: Medical Review Board. The Criminal Justice Bureau acts as the liaison between this Department and the New York State Commission of Correction. This includes, but is not limited to: 1. Providing requested documents regarding prisoner deaths in custody 2. Coordinating the inspections of detention cells, holding cells, and juvenile rooms by members of the New York State Commission of Correction. All copies of documentation related to a prisoner death in custody, including the Report of Inmate Death to State Commission of Correction (SCOC M187), will be forwarded to the Criminal Justice Bureau, upon request. Any questions regarding the State Commission of Correction should be directed to the Criminal Justice Bureau. RELATED PROCEDURES Hospitalized Prisoners (P.G. 210-02) Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) FORMS AND REPORTS Report of Inmate Death to State Commission of Correction (SCOC M187) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-08 GUIDELINES FOR PRISONER HOLDING PENS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure the integrity, control, and humane treatment of prisoners lodged in command/detective squad holding pens. PROCEDURE Upon lodging a prisoner temporarily in a command/detective squad holding pen: DESK OFFICER/ DETECTIVE SQUAD SUPERVISOR 1. 2. 3. 4. 5. Utilize Department form PRISONER HOLDING PEN ROSTER (PD2441410) to maintain a record of prisoners lodged in holding pens (cages). a. Maintain a copy of the PRISONER HOLDING PEN ROSTER at the desk and detective squad office, as appropriate. b. File completed forms at the end of every twenty-four hour period at the desk and detective squad office, as appropriate. Designate a member of the service to specifically inspect and check condition of prisoners every thirty minutes. a. Do not leave prisoners unattended. Have assigned member enter results of inspection and action taken under the appropriate captions on PRISONER HOLDING PEN ROSTER. Assign a supervisor to personally and periodically inspect prisoners lodged in holding pens and have supervisor enter results of inspection under appropriate captions on PRISONER HOLDING PEN ROSTER. Make certain the following additional guidelines are complied with: a. Maximum period of detention for prisoners being held in holding pens will usually be three hours. If circumstances dictate a person be held for a longer period, such period must be approved by the desk officer for command holding pens or detective squad supervisor for detective squad holding pens. If a detective squad supervisor is not available, the extension period must be approved by the command desk officer. The reason for any time extension must be documented in the Command Log. b. Prisoners who appear to be ill, intoxicated, or emotionally disturbed shall not be detained in holding pens. If appropriate, P.G. 210-04 “Prisoners Requiring Medical/Psychiatric Treatment” will be complied with. c. At no time should more prisoners than can be reasonably accommodated be put in a holding pen. The amount of time a prisoner will be detained in the holding pen must be taken into consideration when determining what is a reasonable accommodation. d. Before being placed in a holding pen, the clothing and person of each prisoner must be thoroughly searched. Generally, a female prisoner will only be searched by a female police attendant or female uniformed member of the service (see P.G. 208-05, “Arrests – General Search Guidelines”). e. Belts, neckties, shoelaces, and clothing items such as jackets, overcoats, or other similar outer garments shall be removed and stored temporarily where they will not be accessible to the prisoner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-08 DESK OFFICER/ DETECTIVE SQUAD SUPERVISOR (continued) PAGE: 08/01/13 f. g. h. ADDITIONAL DATA REVISION NUMBER: 2 of 2 At no time detain male and female prisoners in the same holding pen. Refer to P.G. 210-17, “Arrest Processing of Pre-Arraignment Prisoners Designated as ‘Special Category’ ” and/or P.G. 203-10, “Public Contact – Prohibited Conduct,” subdivision “a” following step “1”, regarding gender, if necessary. At no time detain adult and juvenile prisoners in the same holding pen. Juveniles must be held in the command’s designated juvenile area. If a prisoner is placed in a cell alone because he/she threatens or fights with another prisoner(s), is causing disruption, or for any other reason, ensure that a member of the service will continue to monitor that prisoner closely. PRISONER CONFLICTS Whenever an arresting officer/investigator becomes aware that there is the need to separate two or more defendants from one another due to threats made by one defendant to another, or due to the potential for one defendant to assault another, a notation will be made at the bottom of each defendant’s Prisoner Movement Slip in the “Detention Alert” section under the caption “Other (Explain).” The notation must contain the name and arrest number of the other defendant involved, as well as an indication as to why separation is deemed necessary (e.g., prisoner had a fight with the other prisoner; prisoner was threatened by other prisoner, etc.). If separation is required for confidential or sensitive reasons, such as one prisoner testified against another, enter the name and telephone number of the arresting officer/assigned investigator so that further information can be obtained if necessary, rather than entering the actual reason for the separation. (If detention personnel are unable to contact the arresting officer/assigned investigator for further information, they will continue to keep the affected prisoners separated from one another). In the event that an arrest processing officer or escorting officer becomes aware that a conflict exists between prisoners requiring their separation, the officer must: a. Inform the arresting officer/assigned investigator of the circumstances in order that the latter may make entries on the Prisoner Movement Slips, OR b. Personally make entries on the Prisoner Movement Slips which must then be brought to the attention of the Court Section personnel for entry on the courthouse generated movement slips. The information entered on the Prisoner Movement Slip prepared at the command must also be entered on the computerized movement slip generated at the courthouse when the prisoner is photographed. In addition to the notation on the movement slip, the arresting officer/assigned investigator/escorting officer will notify the concerned borough court section supervisor. Members of the service assigned to prisoner detention functions at the command and at the courthouse must examine and be guided by the information contained in the “Detention Alert” caption on each Prisoner Movement Slip in regard to separating prisoners. etc. RELATED PROCEDURES Prisoners General Procedure (P.G. 210-01) Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Prisoners - Unusual Occurrence (P.G. 210-07) FORMS AND REPORTS PRISONER HOLDING PEN ROSTER (PD244-1410) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-09 BAIL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To release prisoners on bail prior to court arraignment. DEFINITIONS PRE-ARRAIGNMENT BAIL - a sum of United States currency posted by a surety at the time of arrest, to secure the defendant’s appearance for court arraignment. SURETY - the person or prisoner who offers money for bail. PROCEDURE To require a prisoner, who has been approved for a Desk Appearance Ticket pursuant to P.G. 208-27, “Desk Appearance Ticket - General Procedure”, to post pre-arraignment bail to secure his/her attendance in court. NOTE The Criminal Procedure Law permits the issuance and service of an appearance ticket to be conditioned upon the posting of a sum of money, known as pre-arraignment bail. This money will be forfeited by the defendant should the defendant fail to comply with the directions of the appearance ticket. DESK OFFICER 1. 2. Comply with P.G. 208-27, “Desk Appearance Ticket - General Procedure” and 208-02, “Arrests - Removal to Department Facility for Processing.” Determine if the charge is one for which bail may be accepted as follows: CHARGE BAIL Family Court warrant Yes, between 1400 and 0800, if court is not in session Superior Court warrant of arrest NO Criminal Court warrant of arrest NO Bench warrant NO Order of Protection NO Violation of parole NO Violation of probation NO Material witness NO Fugitive from justice NO Violation of federal law NO Any offense involving members of the same NO Family/Household-Expanded Definition Any crime against a child less than eighteen NO Felony NO Violation YES NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-09 REVISION NUMBER: PAGE: 08/01/13 2 of 4 Misdemeanor CURRENT CHARGE Aggravated 240.30, [3]) Article 17 - Election Law Harassment, 2nd YES, (where eligible for a Desk Appearance Ticket pursuant to P.G. 208-27 EXCEPT, prisoners charged with the misdemeanors listed below may not be bailed after fingerprints have been processed by NYSIIS and the report lists previous convictions, as described below, which would raise the misdemeanor to a felony: PREVIOUS CONVICTION Degree (P.L. Same offense or 240.31, P.L., within ten years Any crime in Art. 17-Election Law Auto Stripping, 2 Degree Same offense, OR repealed subdivision 8, Section 1224, VTL within five years Avoidance of Cigarette Tax (A.C. 11-1317) Two for same offense Avoidance of Cigarette Tax (New York State Two for same offense Tax Law 481) Cigarette Tax (A.C. 11-4012, [a], [1]) nd Two for same offense Computer Tampering, 2 Degree (P.L. 156.20) Criminal Possession Weapon, 4th Degree (P.L. Any crime 265.01, [1], [2], [3], [5]) Criminally Using Drug Paraphernalia, 2nd Same offense Degree (P.L. 220.50) Falsely Reporting an Incident, 2nd Degree (P.L. Same offense 240.55) Illicit Alcoholic Beverages (A.B.C. Law 152 or 154) nd Any crime under Article 156, or Section 165, (10) P.L. Same offense Obscenity, 3 Degree (P.L. 235.05) Sale or purchase of Stolen, False, or Fraudulent Same offense with ten years License, Certificate of Registration, or Number Plate (V.T.L. 392a) Transporting Hazardous Materials (V.T.L. 380) Same offense rd Unauthorized Use of Vehicle, 3 165.05) NOTE rd Two for same offense Degree (P.L. P.L. 165.05, subdivision 1, OR P.L. 165.06 within ten years A prisoner charged with violation of Vehicle and Traffic Law, Section 1192 subdivisions (1), (2), (3) or (4) shall not be eligible for a DESK APPEARANCE TICKET or stationhouse bail, unless such prisoner is hospitalized for more than twenty-four hours. Such prisoner may be issued a DESK APPEARANCE TICKET, if eligible, whether or not he submitted to a chemical test. However, under no circumstances will a prisoner charged with violation of Vehicle and Traffic Law, Section 1192 subdivisions (1), (2), (3) or (4) be issued a DESK APPEARANCE TICKET if he/she has caused serious physical injury or death to another. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-09 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 3. (continued) 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 3 of 4 Have a Warrant and INVESTIGATION CARD (PD373-163) name check conducted via FINEST (see P.G. 208-23, “Computerized Investigation Card System” and 208-27, “Desk Appearance Ticket General Procedure.”) Set the amount of bail (CASH ONLY) as follows: a. For each Class A misdemeanor $500 b. For each Class B misdemeanor $250 c. For each unclassified misdemeanor $250 d. For each violation $100 e. For a Family Court warrant Amount stated on warrant Have surety swear an oath of ownership of the bail money. Prepare and sign BAIL RECEIPT (PD209-011). Have surety sign all copies of BAIL RECEIPT. Give surety white copy of BAIL RECEIPT. Instruct surety concerning return of bail as follows: a. Appear at court arraignment of defendant and present copy of BAIL RECEIPT and proof of identity, or b. After court arraignment, personally present copy of BAIL RECEIPT and proof of identity at the borough Property Clerk’s Office. Prepare DESK APPEARANCE TICKET (PD260-121) and give to defendant. Direct that two front view (head and shoulder) Polaroid photos be taken of prisoner. a. Ensure that back of photos are stamped and captions completed. Have WARRANT INVESTIGATION REPORT (PD374-152) prepared. a. Attach one Polaroid photo to warrant for Warrant Section copy of report b. Attach second Polaroid photo to court copy of report. Release prisoner. Make notation in Box 11, “Narrative,” of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) that prisoner has been bailed. Place bail money in Property Clerk envelope and print on face: a. “CASH BAIL” b. Precinct c. Arrest number d. Defendant’s name e. Surety’s name, if other than defendant. Seal envelope and sign across flap. Attach three copies (yellow, pink, and blue) of BAIL RECEIPT. Designate a messenger to deliver bail to borough Property Clerk’s office. a. If borough Property Clerk’s office is closed, bail will be delivered next business day. Have messenger sign for bail in the Property Receipt Book. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-09 MESSENGER REVISION NUMBER: PAGE: 08/01/13 20. 21. DESK OFFICER 22. 23. 4 of 4 Deliver bail and BAIL RECEIPTS to borough Property Clerk’s Office and obtain receipt on blue copy of BAIL RECEIPT. Deliver receipted copy of BAIL RECEIPT to desk officer. File receipted blue copy of BAIL RECEIPT with file copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET. Give green copy of BAIL RECEIPT to arresting/assigned officer. ADDITIONAL DATA When prisoner is released on bail, the desk officer of command/borough court section facility where bail has been posted, will notify the arresting/assigned officer and include, the time, date, court of arraignment, location of bail money and that he/she must deliver the bail to court. In addition, the desk officer will notify the borough court section supervisor concerned, where the bail money is located and the name of the officer and defendant. If defendant released from other than the precinct of arrest, the desk officer, command of arrest, will be notified for appropriate entry on the ON-LINE BOOKING SYSTEM ARREST WORKSHEET. RELATED PROCEDURES Computerized Investigation Card System (P.G. 208-23) Desk Appearance Ticket - General Procedure (P.G. 208-27) Arrests - Removal to Department Facility for Processing (P.G. 208-02) Delivery of Bail Money to Court From Stationhouse (P.G. 210-10) Delivery of Bail Money to Court From Property Clerk (P.G. 210-11) FORMS AND REPORTS BAIL RECEIPT (PD209-011) DESK APPEARANCE TICKET (PD260-121) INVESTIGATION CARD (PD373-163) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) WARRANT INVESTIGATION REPORT (PD374-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-10 DELIVERY OF BAIL MONEY TO COURT FROM STATIONHOUSE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To deliver bail to court on date of arraignment. PROCEDURE On date of arraignment, if cash bail has not been forwarded to borough Property Clerk’s office: ARRESTING/ ASSIGNED OFFICER 1. 2. 3. 4. 5. DESK OFFICER 6. 7. Obtain bail and three copies (pink, yellow and blue) of BAIL RECEIPT (PD209-011) from desk officer. Sign for bail in the Property Receipt Book. Appear at the defendant’s arraignment and if defendant and surety are present: a. Examine surety’s copy of BAIL RECEIPT and establish surety’s identity. b. Have surety sign receipt for cash bail, on reverse side of pink copy of BAIL RECEIPT, and return money to surety c. Deliver receipted pink copy of BAIL RECEIPT to the desk officer d. Destroy blue copy of BAIL RECEIPT. Comply with the following if the defendant is present but surety is not: a. Immediately after arraignment, deliver bail and pink copy of BAIL RECEIPT to borough Property Clerk’s office b. Inform member of the service at Property Clerk’s office that defendant did appear at arraignment c. Obtain receipt from Property Clerk’s office on the blue copy of BAIL RECEIPT d. Deliver receipted copy of BAIL RECEIPT to desk officer. Comply with the following if defendant does not appear and bail is forfeited: a. Give bail to court clerk and have him sign on reverse of pink copy of BAIL RECEIPT b. Deliver receipted copy of BAIL RECEIPT to desk officer c. Destroy blue copy of BAIL RECEIPT. File receipted copy of BAIL RECEIPT with file copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). Give green copy of BAIL RECEIPT to arresting/assigned officer. ADDITIONAL DATA The Borough court section supervisor will ascertain that the arresting/assigned officer has obtained the bail if defendant had been released on bail. If the arresting/assigned officer has not obtained bail, he/she will be directed to location where bail is located to pick up and deliver the bail to court. RELATED PROCEDURES Desk Appearance Ticket - General Procedure (P.G. 208-27) Bail (P.G. 210-09) Delivery of Bail Money to Court From Property Clerk (P.G. 210-11) FORMS AND REPORTS BAIL RECEIPT (PD209-011) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-11 DELIVERY OF BAIL MONEY TO COURT FROM PROPERTY CLERK DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To deliver bail to court on date of arraignment. PROCEDURE On date of arraignment, if cash bail has been forwarded to borough Property Clerk’s office: ARRESTING/ ASSIGNED OFFICER 1. 2. 3. 4. Pick up bail and pink copy of BAIL RECEIPT (PD209-011) at borough Property Clerk’s office. a. Receipt for the bail on yellow copy of BAIL RECEIPT. Appear at the defendant’s arraignment at court and if defendant and surety are present: a. Examine surety’s copy of BAIL RECEIPT and establish surety’s identity b. Have surety sign receipt for cash bail, on reverse side of pink copy of BAIL RECEIPT, and return bail money to surety c. Deliver receipted pink copy of BAIL RECEIPT to Property Clerk’s office, immediately after court appearance d. Obtain yellow copy of BAIL RECEIPT from Property Clerk’s office and retain as receipt. Comply with the following if the defendant is present but surety is not: a. Immediately after court appearance, return bail and BAIL RECEIPT to borough Property Clerk’s office b. Inform member of the service at Property Clerk’s office that defendant did appear at arraignment c. Obtain yellow copy of BAIL RECEIPT from Property Clerk’s office and retain as receipt. Comply with the following if defendant does not appear and bail is forfeited: a. Give bail to court clerk and have him sign on reverse of pink copy of BAIL RECEIPT b. Deliver receipted copy of BAIL RECEIPT to Property Clerk’s office, immediately after the court appearance c. Obtain yellow copy of BAIL RECEIPT from Property Clerk’s office and retain as receipt. ADDITIONAL DATA Borough court section supervisor will ascertain that the arresting/assigned officer has obtained the bail if defendant has been released on bail. If the arresting/assigned officer has not obtained the bail, he/she will be directed to location where bail is located to pick up and deliver the bail to court. RELATED PROCEDURES Desk Appearance Ticket - General Procedure (P.G. 208-27) Bail (P.G. 210-09) Delivery of Bail Money to Court From Stationhouse (P.G. 210-10) FORMS AND REPORTS BAIL RECEIPT (PD209-011) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-12 PROCESSING PRISONER WHEN BAIL APPLICATION MADE TO JUDGE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To process a prisoner, not eligible for pre-arraignment bail, who may be admitted to bail by a judge or justice. PROCEDURE Upon receiving information that an application for bail will be made to a judge or justice for a prisoner in custody: DESK OFFICER 1. 2. 3. 4. 5. 6. 7. FORMS AND REPORTS Expedite the forwarding of the prisoner’s fingerprints. Prepare CERTIFICATION OF CHARGES AGAINST PRISONER (PD244-062). Send messenger to Fax Terminal with the CERTIFICATION OF CHARGES AGAINST PRISONER with instructions to: a. Obtain a copy of the prisoner’s rap sheet from NYSIIS, and attach it to CERTIFICATION OF CHARGES AGAINST PRISONER, and b. Deliver them to the judicial authority concerned. Have prisoner photographed. Upon receipt of written notice from the judicial authority, inform prisoner of time and location to appear for arraignment and release prisoner. Enter facts of release on ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) and file the written notice with ON LINE BOOKING SYSTEM ARREST WORKSHEET. Notify arresting officer that prisoner has been bailed and the time and location of arraignment. CERTIFICATION OF CHARGES AGAINST PRISONER (PD244-062) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-13 RELEASE OF PRISONERS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To release a person taken into custody when further investigation reveals that the person arrested did not commit the offense or any related offense or it is determined that no offense has been committed or when directed by an Assistant District Attorney that the arrest is to be voided. DEFINITIONS VOIDED ARREST – When an arrest is made by a uniformed member of the service or a civilian, and there is reasonable cause to believe the prisoner did not commit the offense, or any related offense, or it is determined that no offense has been committed, the member of the service concerned must immediately release the prisoner and comply with this procedure. DECLINE PROSECUTION – The District Attorney has prosecutorial discretion and may decline to prosecute a case for a variety of reasons even though probable cause for the arrest exists. Some examples are: cases where the evidence is legally sufficient to prosecute, but must be corroborated; or cases where prosecution is declined in the interest of justice; etc. In these instances, the Assistant District Attorney is required to issue a Decline Prosecution Letter. In such circumstances, members of the service should be guided by Patrol Guide 216-16, “Release of Prisoners at the Complaint Room at Direction of the Assistant District Attorney.” Additionally, there may be circumstances wherein an Assistant District Attorney directs that an arrest be voided and refuses to issue a Decline Prosecution Letter despite the arresting officer’s good faith belief that probable cause existed for the arrest. In those instances, members of the service should be guided by this procedure. PROCEDURE When an arrest is made by a uniformed member of the service or a civilian, and there is reasonable cause to believe that the prisoner did not commit the offense in question or any related offense. ARRESTING OFFICER 1. Confer with patrol supervisor and obtain consent for release of prisoner. a. If unavailable, confer with desk officer/borough court section supervisor. b. If the arresting officer, prior to removal of the prisoner to the police facility/borough court section, has reasonable cause to believe that the prisoner did not commit the offense charged and the patrol supervisor is not available for conferral, the prisoner may be released immediately and the patrol supervisor/desk officer will be notified as soon as possible. (1) In all “Release of Prisoner” cases, the desk officer of the command of occurrence MUST be informed of the circumstances of the release (2) A prisoner may be released by the Department at any time from the initial custody until the arraignment in the courtroom. c. If prisoner has been removed from police facility/borough court section facility, confer with supervisor assigned to court. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-13 REVISION NUMBER: PAGE: 08/01/13 PATROL SUPV./ 2. DESK OFFICER 3. /BOROUGH COURT SECTION SUPERVISOR 2 of 5 Authorize release of prisoner if in agreement with arresting officer. Verify that all property removed from the person is returned. ARRESTING OFFICER 4. Make ACTIVITY LOG (PD112-145) entry of facts of the release of prisoner. SUPERVISOR AUTHORIZING /NOTIFIED OF RELEASE 5. Examine and initial arresting officer’s ACTIVITY LOG entry. ARRESTING OFFICER 6. Prepare OLBS ARREST WORKSHEET (PD244-159), immediately, for released prisoner. a. Indicate under the “Narrative” section the reason the prisoner was released and arrest voided and include: (1) Statement indicating property was returned, if applicable (2) Names of witnesses, if any (3) Supervisor who authorized or was notified of release of prisoner (4) Time of release. Void the arrest using the “Omniform System” under “Arrest Processing Type” and select the “Voided Arrest” option, which will still generate an arrest number. 7. DESK OFFICER 8. /SUPERVISOR CONCERNED Review circumstances of arrest. a. If arrest voided by arresting/assigned officer in “Omniform System”: (1) Review OLBS ARREST WORKSHEET/OMNIFORM – ARREST REPORT and ensure that the “Narrative” section include reason(s) for arrest being “voided” (see step “7”) (2) Enter “VOIDED ARREST” across the top of the OLBS ARREST WORKSHEET/OMNIFORM – ARREST REPORT. b. If prisoner was already processed and an arrest number generated for booking purposes (not voided by arresting officer): (1) Log into “Omniform System” and select the “Void an Arrest” option under caption “Supervisor Functions” and enter applicable information necessary to void the arrest. (2) Assign uniformed member of the service to prepare, fax and forward ARREST REPORT SUPPLEMENT (PD244157) to borough court section concerned without delay. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-13 PAGE: 08/01/13 3 of 5 a. DESK OFFICER /SUPERVISOR CONCERNED (continued) 9. 10. 11. 12. 13. PATROL BOROUGH COMMANDER REVISION NUMBER: 14. Ensure the arresting/assigned officer indicates under “Details” section of the ARREST REPORT SUPPLEMENT the reason the arrest was voided (see step “7”). (3) Enter “VOIDED ARREST” across top of the ARREST REPORT SUPPLEMENT and OLBS ARREST WORKSHEET/OMNIFORM ARREST REPORT. Distribute OLBS ARREST WORKSHEET/OMNIFORM ARREST REPORT and ARREST REPORT SUPPLEMENT, as applicable, in normal manner. Ensure copies of all reports are forwarded to the following: a. Patrol borough commander concerned b. Commanding Officer, Identification Section c. Borough court section concerned d. Commanding officer of arresting officer, if different from precinct of occurrence. Notify borough court section of the voided arrest information Make Command Log entry. Notify precinct commanding officer. Review report(s) and if satisfied that the release of prisoner was proper, signify by endorsement and return to originating commanding officer. REQUEST BY ASSISTANT DISTRICT ATTORNEY TO “VOID” AN ARREST: 15. Inform desk officer/borough court section supervisor that Assistant District Attorney is requesting arrest be “voided” and not “Decline Prosecution.” DESK OFFICER 16. /BOROUGH COURT SECTION SUPERVISOR Confer with Legal Bureau regarding request by Assistant District Attorney. 17. Confer with Assistant District Attorney concerned and attempt to resolve the issue. Request Assistant District Attorney to treat case as a “Decline Prosecution.” a. Confer with supervisory Assistant District Attorney if the Assistant District Attorney will not draw up complaint. b. If all attempts to resolve the issue do not result in the complaint being drawn and the Assistant District Attorney will not treat the case as a “Decline Prosecution” case, then the arrest shall be deemed voided as per the Assistant District Attorney. Notify the desk officer, precinct of arrest and the borough court section supervisor to release the prisoner in accordance with this procedure. ARRESTING OFFICER LEGAL BUREAU ATTORNEY 18. 19. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-13 PAGE: 08/01/13 DESK OFFICER 20. 21. 22. ADDITIONAL DATA REVISION NUMBER: 4 of 5 Make Command Log entry and include the following information: a. Arrest “voided” due to Assistant District Attorney refusal to consider charges b. Name of the Legal Bureau attorney consulted c. Name of the Assistant District Attorney d. Name of the District Attorney’s Office supervisor e. Borough court section supervisor concerned. Ensure all information in step “20” is included in the “Narrative” section of the OLBS ARREST WORKSHEET/OMNIFORM ARREST REPORT or the “Details” section of ARREST REPORT SUPPLEMENT, as applicable. Notify borough court section supervisor (via Telephone Message) of final status of prisoner. DEPARTMENT POLICY If the precinct or patrol borough commander is not satisfied that the release was proper, the circumstances of the release will be reported to the First Deputy Commissioner and the Chief of Department. The authority to release a prisoner by means of this procedure rests solely with the Police Department. When an arrest is voided for any reason and the person being released has been fingerprinted via Live Scan, one copy of the ON LINE BOOKING SYSTEM ARREST WORKSHEET/OMNIFORM ARREST REPORT or the ARREST REPORT SUPPLEMENT, as appropriate, is to be delivered to the borough court section intake supervisor, borough of arrest. The desk officer will ensure that this is done in a timely manner. The borough court section intake supervisor, borough of arrest, will prepare a communication detailing the circumstances of the voided arrest. This communication will be FAXED to the Division of Criminal Justice Services with the request to seal the defendant’s record. All borough court section intake facilities will now maintain a bound log with the following information regarding voided arrests: The date that the ARREST REPORT SUPPLEMENT was received OLBS WORKSHEET arrest number Precinct and location of arrest Name, shield, and command of arresting officer Date and time the Division of Criminal Justice Services was notified Name of the representative from the Division of Criminal Justice Services who acknowledges receipt of the communication from the NYPD along with the date and time of its receipt. The Legal Bureau is responsible for logging and tracking inquiries made in accordance with the voiding of any arrest at the request of the Assistant District Attorney. The Legal Bureau may be contacted Monday through Friday, 0700 to 2300 hours. At other times, and on the weekends, the Legal Bureau duty attorney may be reached through the Operations Division. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 210-13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 RELATED PROCEDURES Release of Prisoners Arrested by Other Police Agencies (P.G. 210-15) Release of Prisoners at the Complaint Room at Direction of the Assistant District Attorney (P.G. 210-16) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ARREST REPORT SUPPLEMENT (PD244-157) OLBS ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-14 RELEASE OF PRISONER - NARCOTIC ARREST NEGATIVE FINDINGS DATE ISSUED: DATE EFFECTIVE: REVISION NUMBER: PAGE: 1 of 1 PURPOSE To expedite the release of a prisoner detained in a Department of Correction facility, when analysis of controlled substance is negative and no other charges are pending. PROCEDURE Upon completion of lab testing and it is discovered that the substance in question did not contain any trace of an illegal controlled substance: POLICE LABORATORY PERSONNEL 1. Notify assistant district attorney concerned by sending a copy of lab report to court and notify arresting/assigned officer concerned by sending a copy of lab report to command when findings are negative. DESK OFFICER 2. Notify arresting officer to disregard scheduled court appearance if NO other charges are pending against prisoner. a. Notify roll call to make notation in Diary of court cancellation. Deliver POLICE LABORATORY CONTROLLED SUBSTANCE ANALYSIS REPORT (PD521-153) to member concerned upon receipt from Police Laboratory. File “ADA Copy” of PROPERTY CLERK INVOICE (PD521-141) received from Property Clerk Division. 3. 4. ADDITIONAL DATA The District Attorney’s Office will notify the Department of Correction to arrange for the release of the concerned prisoner. RELATED PROCEDURES Processing Controlled Substances/Marijuana Stored at Stationhouse (P.G 218-24) Processing Controlled Substances/Marijuana Contraband Not Stored at Stationhouse (P.G. 218-25) FORMS AND REPORTS POLICE LABORATORY CONTROLLED SUBSTANCE ANALYSIS REPORT (PD521-153) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-15 RELEASE OF PRISONERS ARRESTED BY OTHER POLICE AGENCIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To record the release of prisoners by other police agencies. PROCEDURE When a police officer of another agency delivers an arrested person to the stationhouse or borough court section and investigation reveals that that person did not commit the offense alleged or any related offense: DESK OFFICER/ BOROUGH COURT SECTION SUPERVISOR 1. 2. 3. 4. 5. PRECINCT COMMANDING 6. OFFICER 7. RELATED PROCEDURE Decide whether the prisoner will be released: a. If conflict exists between the desk officer/borough court section supervisor and the arresting officer, the precinct commander/duty captain will make decision. Follow P.G. 210-13, “Release of Prisoners.” Make entry in Telephone Record when notified by another police agency that they have released a prisoner from other than a stationhouse. Notify precinct commander. Compare written notification from other police agency with Telephone Record entry. Endorse written notification. Forward endorsed notification through channels to: a. Criminal Justice Bureau b. Identification Section Release of Prisoners (P.G. 210-13) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-16 RELEASE OF PRISONER AT THE COMPLAINT ROOM BY DIRECTION OF THE ASSISTANT DISTRICT ATTORNEY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To release a prisoner when the Assistant District Attorney elects not to prosecute a defendant and designates the arrest case as “Decline Prosecution.” PROCEDURE Upon being informed by the Assistant District Attorney that the prisoner is to be released and the arrest case has been designated as “Decline Prosecution.” ARRESTING OFFICER 1. NOTE When an Assistant District Attorney elects not to prosecute an arrest case which was processed either via the Expedited Affidavit Program or Supporting Deposition Program, borough court section personnel will obtain a copy of the District Attorney’s Office Decline Prosecution Letter and follow the borough court section’s release of prisoner procedures. 2. 3. Obtain copy of the District Attorney’s Office Decline Prosecution Letter. (Either via FAX when processing at command or, in person, when processing at the complaint room.) Make complete ACTIVITY LOG (PD112-145) entry. Notify desk officer. WHEN ARRESTING OFFICER IS PRESENT AT PRECINCT OF ARREST AND INFORMED BY AN ASSISTANT DISTRICT ATTORNEY THAT THE ARREST CASE HAS BEEN DESIGNATED AS “DECLINE PROSECUTION” DESK OFFICER 4. Direct arresting officer to determine if prisoner has an active warrant. 5. 6. Conduct a warrant name check (WNAM) via FINEST SYSTEM. Ascertain from the borough court section if the Criminal History printout (“Rapsheet”) has been received. DESK OFFICER 7. Direct prisoner be immediately released, if prisoner is present at command or a hospital facility, after it has been established there is no active warrant through warrant check and “Rapsheet.” ARRESTING OFFICER NOTE The release of a prisoner will not be delayed solely because the “Rapsheet” has not yet been received. 8. NOTE Direct the arresting officer to process the arrest solely on the authority of the active warrant, if the prisoner has active warrant. In a designated “Decline Prosecution” case, the arresting officer will continue to process the arrest case only when it has been determined that the prisoner has an active warrant. The arresting officer will not process the prisoner on any of the original arrest charges that were designated by the Assistant District Attorney as “Decline Prosecution.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-16 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 9. (continued) 10. 11. 12. 2 of 3 Notify borough court section supervisor of either prisoner’s release, or that prisoner is being processed solely on the authority of active warrant. (This will enable the borough court section to make the appropriate On Line Prisoner Arraignment (OLPA) system entries.) Notify the borough court section supervisor that an Assistant District Attorney has designated the arrest case as “Decline Prosecution”, if the prisoner is en route to, or present at the borough court section. Direct arresting officer to FAX the District Attorney’s Office Decline Prosecution Letter to the borough court section supervisor. a. Borough court section’s release of prisoner procedures will then be followed. Make appropriate log entries and ensure that the District Attorney’s Office form letter is filed. IF ARRESTING OFFICER IS PRESENT AT THE COMPLAINT ROOM AND INFORMED BY AN ASSISTANT DISTRICT ATTORNEY THAT THE ARREST CASE HAS BEEN DESIGNATED AS “DECLINE PROSECUTION” ARRESTING OFFICER 13. NOTE In a case where a prisoner is hospitalized, the arresting officer must also notify and FAX a copy of the District Attorney’s Office Decline Prosecution Letter to the command’s desk officer who will direct the release of the prisoner after establishing that there is no active warrant. If the prisoner has an active warrant, the desk officer will assign a uniformed member of the service to process the prisoner solely on the authority of the active warrant. BOROUGH COURT SECTION SUPERVISOR Notify, and provide a copy of the District Attorney’s Office Decline Prosecution Letter to the borough court section supervisor. 14. File the District Attorney’s Office Decline Prosecution Letter in arrest folder, upon return to command. 15. Have the appropriate OLPA system entries made when notified by the desk officer that the prisoner has been released, or that the prisoner will be processed solely on the authority of an active warrant. Direct, when notified by a desk officer or by an arresting officer in person, that an arrest case of a prisoner who is en route to, or present at, the borough court section has been designated as “Decline Prosecution,” and is in receipt of a District Attorney’s Office Decline Prosecution Letter: a. The immediate release of the prisoner after the borough court section has determined that there is no active warrant. The release of a prisoner will not be delayed solely because the “rapsheet” has not been received. (This procedure will be adhered to regardless of prisoner’s lodging location [e.g. borough court section or lodged over night at the precinct stationhouse.]) OR 16. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-16 BOROUGH COURT SECTION SUPERVISOR (continued) REVISION NUMBER: PAGE: 08/01/13 b. 3 of 3 Direct either the arresting officer, if present, or have borough court section personnel process the prisoner solely on the authority of the active warrant, if the prisoner has an active warrant. (In this case, the arresting officer will only be utilized to process the prisoner when the prisoner is lodged at the borough court section and the arresting officer is present at the courthouse.) NOTE When a prisoner who is to be released is lodged over night at a precinct stationhouse, the borough court section supervisor must notify and FAX a copy of the District Attorney’s Office form letter to the desk officer concerned. Upon receipt of a District Attorney’s Office form letter, the desk officer of the precinct concerned will release prisoner and make appropriate log entries. FORMS AND REPORTS ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-17 ARREST PROCESSING OF PRE-ARRAIGNMENT PRISONERS DESIGNATED AS "SPECIAL CATEGORY" DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure that all pre-arraignment prisoners in custody at precinct, transit district, police service area, and borough court section holding pens are medically screened by Emergency Medical Service (EMS) personnel located at the borough court sections. SCOPE Presently, EMS personnel are assigned to all patrol borough court sections with the exception of the Staten Island Court Section. On Staten Island it is the supervisor at the court section and not EMS personnel that screens prisoners. This supervisor makes the determination as to whether or not a prisoner will be designated as special category. For the purposes of this procedure this practice will remain in effect only in the Staten Island Court Section. DEFINITION SPECIAL CATEGORY PRISONER - A “Special Category Prisoner” is a prisoner who should be removed from the general population for any of the following reasons: a. because of a medical condition or physical disability b. for any reason that would lead one to believe that placing that prisoner in a general population of prisoners may pose a safety risk to that prisoner or other prisoners c. for any reason that would lead one to believe that placing that prisoner in a general population of prisoners may pose a health risk to that prisoner or other prisoners. The following will not be designated as “Special Category” prisoners: a. Hospitalized prisoners (Refer to P.G. 210-02, “Hospitalized Prisoners”) b. Prisoners who will be issued Desk Appearance Tickets or summonses and released directly from the precinct, transit district, or police service area. PROCEDURE Upon transporting a pre-arraignment prisoner to the appropriate borough court section: UNIFORMED MEMBER OF THE SERVICE CONCERNED 1. Ensure that prisoner is medically screened by EMS personnel as soon as possible. BOROUGH COURT SECTION SUPERVISOR 2. Determine, in conjunction with EMS personnel, whether prisoner should be designated a “Special Category Prisoner.” GUIDELINES FOR HANDLING “SPECIAL CATEGORY PRISONERS”: BOROUGH COURT SECTION SUPERVISOR 3. Ensure that notation is made in the “Detention Alert” caption of Prisoner Movement Slip along with the reason for the designation, e.g. medical, safety risk, disability, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-17 BOROUGH COURT SECTION SUPERVISOR (continued) REVISION NUMBER: PAGE: 08/01/13 4. 5. 6. 7. 8. 9. 10. 2 of 2 Direct that a “Special Category Prisoner” be lodged in a separate cell from the general pre-arraignment population. Ascertain, in consultation with EMS personnel, whether or not it is advisable to house more than one “Special Category Prisoner” in a cell. Have MEDICAL TREATMENT OF PRISONER (PD244-150) form prepared for each “Special Category Prisoner.” Ensure that “Yes” box in caption “Recommend Prisoner Be Separated From General Population” on MEDICAL TREATMENT OF PRISONER form is checked. Ensure that all “Special Category Prisoners,” originally screened by EMS personnel at the borough court section, are subsequently screened upon returning from any hospital, as applicable. Oversee and expedite the processing of all “Special Category Prisoners” and their co-defendants, if any. Ensure that prisoners lodged in separate cells at precinct, district, or police service area commands are transported to the appropriate arraignment part at court, when necessary. LODGING “SPECIAL CATEGORY” PRISONERS ADDITIONAL DATA The decision of whether or not to house more than one such prisoner in a cell will be based on whether, given the particular reasons for designating them as “Special Category,” the prisoners pose a safety or health risk to one another. It is preferable to lodge “Special Category Prisoners” in separate cells at the borough court section. However, if this is not possible, the borough court section supervisor will direct that the prisoner be temporarily lodged in a separate cell in a precinct, district, or police service area command. Supervisors will make every reasonable effort to provide separate and physically adequate accommodations for special category prisoners that are being processed or lodged in their facilities. Reasonable efforts will be made to avoid handcuffing prisoners to chairs, railings, etc. for extended periods of time. OPERATIONAL CONSIDERATIONS A prisoner may be designated “Special Category” at a subsequent screening by EMS personnel, as appropriate. “Special Category Prisoners” will be given priority status at every stage of the pre-arraignment process including placing their names on the “Medical Expedite” list maintained at the borough court sections. All prisoners who are identified as being infected with, or suspected of carrying an actively contagious disease, such as tuberculosis, will be sent to the hospital immediately. RELATED PROCEDURES Hospitalized Prisoners (P.G. 210-02) Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) FORMS AND REPORTS MEDICAL TREATMENT OF PRISONER (PD244-150) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Prisoners Procedure No: 210-18 DEBRIEFING OF PRISONERS DATE ISSUED: DATE EFFECTIVE: 10/16/13 REVISION NUMBER: PAGE: 10/16/13 1 of 4 PURPOSE To provide a central repository of criminal intelligence received from prisoners and improve communications and sharing of information among Department units. SCOPE All prisoners in custody of this Department and all new arrestees must be debriefed by a member of the service. For the purposes of this procedure, the debriefing member of the service may be an investigator from the Detective Bureau, Organized Crime Control Bureau (OCCB), Intelligence Bureau, a Field Intelligence Officer (FIO), Anti-Crime / Street Narcotics Enforcement Unit (SNEU) supervisor, desk officer etc. Police officers will not normally conduct debriefings. DEFINITION POSITIVE DEBRIEFINGS – Specific information received from a prisoner during the course of an interview regarding crime, criminal activity, or evidence related to a crime that is not related to the current arrest charges against the prisoner. For the purpose of this definition, a prisoner is to include new arrestees, and parolees, probationers, and inmates in custody. NOTE A confession / admission is a statement (oral or written) made by a prisoner during the course of an interview which acknowledges guilt or involvement. A confession / admission on a new arrest is NOT considered a positive debriefing. Enhancements are augmentations of certain designated arrests conducted by an appropriate investigative unit for the purpose of enhancing the prosecutability of that arrest. A confession / admission is a goal of the enhancement. Case enhancement is NOT considered a positive debriefing. Should an allegation of corruption or serious misconduct arise out of a prisoner debriefing, the member of the service obtaining the information shall follow established Department guidelines regarding the reporting of such matters. PROCEDURE Upon debriefing a prisoner in custody of this Department: DEBRIEFING MEMBER OF THE SERVICE 1. Log all debriefings into a log with general captions across a double page as follows: FIRST PAGE DATE TIME COMMAND SERIAL# PRISONER NAME NYSID ARREST CHARGE SECOND PAGE ARRESTING OFFICER NAME /COMMAND DEBRIEFING MOS RESULTS (positive or negative) INTELLIGENCE REPORT # NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-18 REVISION NUMBER: PAGE: 10/16/13 2 of 4 All commands where arrests are debriefed are responsible for maintaining a debriefing log. To ensure the debriefing log is properly maintained, desk officers will inspect the log each tour and make a Command Log entry of the results. Commands which possess the technical capability may utilize a computer database in lieu of the above log but shall comply with the above captions when creating the database. If a database is used, a hardcopy of the debriefings will be printed out, maintained in a binder and safeguarded. NOTE FOR ALL POSITIVE DEBRIEFINGS WHICH YIELD INTELLIGENCE NOT RELATED TO AN ACTIVE CRIMINAL INVESTIGATION: DEBRIEFING MEMBER OF THE SERVICE 2. 3. 4. Prepare a COMPLAINT FOLLOW-UP INFORMATIONAL (PD313081a) to record the information. Notify, by telephone, any other units or commands that may be concerned, and record the name of the receiving member of the service in the COMPLAINT FOLLOW-UP INFORMATIONAL “Details” section. a. An immediate response, if appropriate, will be made by the concerned unit / command for the purposes of personally debriefing the subject. Telephone the Criminal Intelligence Section upon completion of debriefing to relay the basic information necessary for the preparation of an Intelligence Report (date, time, name of person debriefed, MOS debriefing, brief description of information obtained, command concerned, etc.) for input into the Intelligence Data System (IDS). a. Record the Intelligence Report and Positive Debriefing numbers received from the Criminal Intelligence Section in the COMPLAINT FOLLOW-UP INFORMATIONAL “Details” section. If more than one uniformed member of the service or if an outside law enforcement member (i.e., Joint Federal Task Force, etc.) debriefs prisoner, a telephone notification to the Criminal Intelligence Section must be made and the information in step 4 provided. NOTE 5. Forward copies of the COMPLAINT FOLLOW-UP INFORMATIONAL to the investigative unit concerned. a. The FIO concerned will be responsible for reviewing all IDS entries for positive debriefings in their respective commands. b. Ensure a copy of the COMPLAINT FOLLOW-UP INFORMATIONAL has been forwarded and received by the appropriate investigative unit after reviewing the IDS. FOR ALL POSITIVE DEBRIEFINGS WHICH YIELD INTELLIGENCE ON AN ACTIVE CRIMINAL INVESTIGATION: DEBRIEFING MEMBER OF THE SERVICE 6. Telephone the investigator / supervisor responsible for the active investigation and relay the information obtained through the debriefing. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 210-18 REVISION NUMBER: PAGE: 10/16/13 3 of 4 The investigator / supervisor responsible for the active investigation will respond and personally debrief the prisoner if appropriate and fully investigate the veracity of the information provided. NOTE The active case investigator / supervisor will be responsible for documenting any information pertinent to the active case on a COMPLAINT FOLLOW-UP INFORMATIONAL after thoroughly investigating the information, and include it in the case folder. DEBRIEFING MEMBER OF THE SERVICE 7. Telephone the Criminal Intelligence Section upon completion of debriefing to relay the basic information necessary for the preparation of an Intelligence Report (date, time, name of person debriefed, MOS debriefing, brief description of information obtained, command concerned, etc.) for input into IDS. INVESTIGATOR/ SUPERVISOR RESPONSIBLE FOR ACTIVE INVESTIGATION 8. Record the Intelligence Report and Positive Debriefing numbers in the COMPLAINT FOLLOW-UP INFORMATIONAL “Details” section. NOTE In situations where information obtained relates to an active criminal investigation, the appropriate precinct/Borough Transit/Patrol Borough Housing FIO will conduct a follow-up conferral within seventy two hours with the investigator assigned to ensure a COMPLAINT FOLLOW-UP INFORMATIONAL has been prepared in conjunction with the original IDS entries. CRIMINAL INTELLIGENCE SECTION 9. 10. 11. PRECINCT/ BOROUGH TRANSIT/ PATROL BOROUGH HOUSING FIELD INTELLIGENCE OFFICER 12. 13. Obtain information for the preparation of an Intelligence Report. Enter the information into the IDS system and furnish an Intelligence Report number to the calling command. a. Issue a Positive Debriefing Log number to members of the service notifying the Criminal Intelligence Section of a positive debriefing. Track Intelligence Reports relating to active criminal investigations and generate a notification to the FIO concerned after seventy two hours to ensure proper follow up. Review IDS system where the information obtained relates to an active criminal investigation and conduct a follow-up conferral within seventy two hours with the investigator assigned. Ensure copies of positive debriefing COMPLAINT FOLLOW-UP INFORMATIONALS have been forwarded to the appropriate investigative unit after review of the original IDS entries. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 210-18 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 4 of 4 ADDITIONAL DATA Criminal Procedure Law 240.45(1)(a), also referred to as the “Rosario rule,” requires the prosecutor to make available to the defendant any written or recorded statements made by a person whom the prosecutor intends to call as a witness at trial and which relates to the subject matter of witness’ testimony. Failure to preserve and provide such statements to the defense can have an impact on the outcome of a criminal trial and in some cases, provide a basis to overturn a conviction. Information obtained through debriefing of prisoners and which is included in an Intelligence Report can sometimes be covered by this rule. Similarly, if an FIO includes in the IDS system information about an active investigation obtained from the case investigator, that information also may constitute “Rosario” material if the investigator testifies at trial. Therefore, case investigators should include in their case folders printouts from the IDS system of information transmitted by the FIO or case investigator. In addition, if a debriefing results in the opening of a new investigation, a copy of the IDS printout detailing the information provided by the debriefed prisoner should be included in the new investigation folder. FORMS AND REPORTS COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081a) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-01 DUTIES AND CONDUCT IN COURT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide uniform standards for a uniformed member of the service appearing in court. PROCEDURE When a uniformed member of the service is required to appear in court, before a Grand Jury or other government agency: UNIFORMED MEMBER OF THE SERVICE 1. NOTE A member is required to appear in uniform when such attendance is requested by the District Attorney providing the member concerned is NOT listed as an exception in step 1, subdivisions a through d, above. When reporting in uniform, the uniform shirt and tie MUST be worn if the outermost garment is to be removed. 2. 3. Appear in uniform if assigned to duty in uniform except if: a. Off duty b. On sick report or restricted duty c. Required to arraign deferred or holdover prisoner d. Authorized by commanding officer. Report to Police Sign-In Room and submit IDENTIFICATION CARD (PD416-091) and COURT ATTENDANCE RECORD (PD468-141) to supervising member/designee. Inform supervising member/designee if scheduled to appear in more than one part of court, before another government agency, or if on a court alert. a. Notify supervising member/designee if appearing on off duty time. POLICE ROOM SUPERVISOR/ DESIGNEE 4. Notify other court part or government agency that member is present in another court part. UNIFORMED MEMBER OF THE SERVICE 5. Wear appropriate business attire, if appearing in civilian clothes, at postarraignment proceedings. NOTE Proper business attire requires male members of the service to wear a dress shirt with collar and tie, suit or sports coat, dress trousers, and female members of the service to wear dress or appropriate suit. No member of the service will appear wearing dungarees or sneakers. 6. 7. 8. 9. Wear shield on outermost garment at all times while in court building or portion of building under court jurisdiction. Take meal period when court recesses for lunch and enter location of meal in ACTIVITY LOG (PD112-145). Report to police room if required to leave court building for reason other than meal (prior to leaving and upon return). Refrain from discussing case with defendant, defendant’s attorney or any other unauthorized person EXCEPT with the consent, and in the presence of the District Attorney. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-01 UNIFORMED MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 08/01/13 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. DESK OFFICER 20. 21. 22. 2 of 2 State full name, rank, shield number and command when sworn as a witness. Have ACTIVITY LOG and evidence available at each appearance. Give testimony as follows: a. Understand question before answering; request clarification if necessary. b. Remain calm, impartial and speak distinctly. c. Answer truthfully and completely. Request adjournment to day when performing duty with the 2nd Platoon or if a detective, when performing day duty. Inform judge when adjourned date is on scheduled day off. Telephone desk officer if detained in court past end of tour. Report to police room at conclusion of court appearance and obtain completed COURT ATTENDANCE RECORD. Ascertain the status of other scheduled appearance prior to signing out of court. Return evidence, if any, to Property Clerk. Notify desk officer/counterpart by telephone immediately upon dismissal from Police Sign-In Room and comply with instructions received. Make notation of uniformed member’s dismissal and instructions given on appropriate Department record. Make entry on ROLL CALL (PD406-144) indicating time of return and assignment of member. Check COURT ATTENDANCE RECORD. DESIGNATED CLERICAL MEMBER 23. File COURT ATTENDANCE RECORD at command in chronological order in a separate folder. INTEGRITY CONTROL OFFICER 24. Examine ROLL CALLS for the preceding week to identify uniformed members who made appearances in court, Grand Jury, etc., and compare COURT ATTENDANCE RECORD with OVERTIME REPORT (PD138-064). Ascertain if entries on ROLL CALL reflect time of return for those uniformed members who were not dismissed directly from court. 25. NOTE All of the above duties may not be applicable at every appearance in court, before Grand Jury or other government agency. RELATED PROCEDURES Prisoners General Procedure (P.G. 210-01) Prevention of Court Appearance on Scheduled Day Off (P.G. 211-07) Processing Notifications to Appear at Courts and Other Government Agencies (P.G. 211-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COURT ATTENDANCE RECORD (PD468-141) IDENTIFICATION CARD (PD416-091) OVERTIME REPORT (PD138-064) ROLL CALL (PD406-144) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-04 COMPUTERIZED COURT APPEARANCE CONTROL SYSTEM (CACS) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To effectively monitor and control appearances by members of the service (uniformed and civilian) at various courts, other governmental agencies, the Department Advocate’s Office, and for District Attorney’s assignments, via a formal notification process utilizing the computerized Court Appearance Control System (CACS), except on Staten Island. DEFINITION SHORT DATE NOTIFICATION – A notification for a member of the service to appear the next day, or a notification delivered on a Friday for a member to appear on the following Monday. Because these notifications are time sensitive, and may be received at an hour when the roll call office is closed, CACS has been designed to automatically transmit these notifications to the command’s FINEST or LAN printer. PROCEDURE When an authorized governmental agency or the Appearance Control Unit utilizes the CACS to request the appearance of a member of the service at a court (Supreme Court, Grand Jury, Civil Court, Family Court, Criminal Court, Summons Adjudication Part [SAP] Court), a governmental agency, or for a District Attorney’s assignment: ROLL CALL CLERK 1. 2. 3. 4. 5. Access the computerized CACS to acknowledge all outstanding notifications directed to their command, as follows: a. At the beginning of each business day b. At the midpoint of the roll call office’s hours of operation for that day c. One half hour prior to close of roll call office. Bring the notification to the attention of the operations coordinator or counterpart if the requested member is scheduled to appear on a regular day off (RDO), other than a short date notification. Prepare a separate NOTIFICATION (PD406-122) for each court appearance. Comply with P.G. 211-05, “Processing Notifications to Appear at Courts and other Government Agencies.” a. If the notification is a request for Department documents comply with P.G. 211-18, “Processing Request for Police Department Documents Received from Assistant District Attorneys and Assistant Corporation Counsels.” Enter updates into the CACS, on a daily basis, or as necessary. This will normally be done: a. After the copy portion of the NOTIFICATION has been signed and returned by the member of the service concerned b. To indicate when attempts to notify an off duty member of the service about a court appearance have been unsuccessful c. Whenever a member of the service cannot appear in court due to sickness, bereavement leave, authorized annual vacation selection, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-04 REVISION NUMBER: PAGE: 08/01/13 2 of 5 NOTE In instances cited in subdivisions “5b” and “5c” above, notify the assistant district attorney concerned to enable the assistant district attorney to reschedule the case and inform the other parties involved in the proceeding that the member will not be present. ROLL CALL CLERK (continued) 6. 7. DESK OFFICER/ 8. 9. SUPERVISOR 10. 11. 12. 13. Utilize the CACS electronic re-routing feature to forward notifications to a member’s new command, when the member has been transferred. Provide the desk officer/supervisor on duty with any outstanding notifications that must be made prior to the re-opening of the roll call office. Monitor FINEST or LAN printer for short date notifications. Log notifications into FINEST Message Log. Inform roll call personnel of notification immediately, if office is open. Attempt to immediately notify member of the service. Return all notifications received and processed, whether successfully served or not, to the roll call clerk the next business day for a notification update entry into CACS. a. When a member of the service is not at the command (e.g., regular day off (RDO), at training session, etc.) attempt to notify the member of the service by telephone. All such attempts must be documented in the Telephone Record. Give incomplete short date notifications to the relieving supervisor, or if available, to roll call personnel, who will continue to attempt to notify the member of the service. OPERATIONS COORDINATOR/ COUNTERPART 14. Contact the District Attorney’s office concerned when informed by roll call that member is scheduled to appear in court on an RDO, other than a short date. a. Ascertain the necessity for the RDO court appearance. b. When possible have court appearance rescheduled for a date other than the member’s RDO. MEMBER OF THE SERVICE 15. Report to the police room as directed on the NOTIFICATION and follow instructions of the Court Section supervisor. Use IDENTIFICATION CARD (PD416-091) to sign into court. (If circumstances warrant, request sign-in room personnel to record your presence via a manual computer entry.) a. Failure to properly sign in and out of court will result in the member of the service being considered not present for court and may result in disciplinary action. Comply with P.G. 211-01, “Duties and Conduct in Court.” Report immediately to the police sign-in room at the conclusion of the court appearance and obtain the completed COURT ATTENDANCE RECORD (PD468-141). Notify command desk officer via telephone immediately upon dismissal from police sign-in room and comply with instructions received. Deliver COURT ATTENDANCE RECORD to desk officer when instructed to return to command or, if otherwise instructed, at earliest possible convenience. 16. 17. 18. 19. 20. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-04 REVISION NUMBER: PAGE: 08/01/13 3 of 5 DESK OFFICER 21. Make notation of either member of the service dismissal, or instruction(s) given to member, on appropriate Department record. 22. Ensure that member’s presence for an appearance at court is entered into the CACS immediately upon member’s arrival at the sign-in room. Enter the necessary court information into the CACS, when the member reports to the police room at the conclusion of the member’s court appearance. a. This includes selecting and then entering the proper court action code to record the outcome of the court appearance (e.g., testified, District Attorney not ready, no complainant or witness, adjourned, took plea, etc.). Give the COURT ATTENDANCE RECORD to the member of the service for return to desk officer/counterpart at the member’s command. POLICE ROOM PERSONNEL 23. 24. APPEARANCE CONTROL UNIT 25. 26. 27. 28. Enter into the CACS, notifications received from governmental agencies which are not enabled with this system. Telephone commands immediately, when notifications are received, which are directed to commands not enabled in the CACS. Resolve any conflicts that may occur, (e.g., member of the service unable to appear, sick, conflicting court appearance, etc.). Monitor the attendance of all members of the service at court. UPON MEMBER’S NON-APPEARANCE AT SUMMONS ADJUDICATION PART (SAP) COURT: COURT MONITORING UNIT 29. Make entry into the Non-Appearance Tracking System for members of the service that failed to appear at Summons Adjudication Part (SAP) Court. INTEGRITY CONTROL OFFICER 30. Monitor the Non-Appearance Tracking System for new SAP non-appearance notifications. Investigate and ascertain reason for non-appearance at SAP Court. a. If an integrity control officer is unavailable, the commanding/ executive officer must monitor the Non-Appearance Tracking System and conduct non-appearance investigations. Notify Internal Affairs Bureau (IAB) Command Center and obtain log number when: a. One or more cases were dismissed due to non-appearance by a member of the service, AND b. Member of the service was properly notified of the scheduled appearance, AND c. Non-appearance was not an authorized cancellation, as follows: (1) Sick, after conferral with district surgeon reveals member is incapable to appear (2) On annual vacation selection (3) On military leave 31. 32. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-04 REVISION NUMBER: PAGE: 08/01/13 4 of 5 (4) (5) INTEGRITY CONTROL OFFICER (continued) 33. 34. 35. On bereavement leave On terminal leave and/or other paid leave contiguous with terminal leave (e.g., vacation, lost time, chart day, etc.), OR d. Any other circumstance where corruption or misconduct is suspected. Take disciplinary action, if appropriate, in instances where an IAB notification is not required. Document findings and action(s) taken by entering investigative results in the Non-Appearance Tracking System within fourteen days. Forward a copy of the closing report to IAB, Records Unit if nonappearance investigation was assigned as an Outside Guidelines (OG) case. COMMANDING 36. OFFICER Monitor non-appearance investigations being conducted by the command’s integrity control officer. a. Ascertain reasons for non-appearance and take appropriate action(s) as necessary. BUREAU/ BOROUGH INVESTIGATIONS UNIT 37. Ensure integrity control officers investigate non-appearances at SAP Court and report results through the Non-Appearance Tracking System. COURT MONITORING UNIT NONAPPEARANCE COORDINATOR 38. Monitor the Non-Appearance Tracking System. a. Ensure commands report results of non-appearance investigations, via the Non-Appearance Tracking System, within fourteen days b. Return deficient non-appearance investigations for necessary corrective action/further investigation. (1) Ensure returned investigations are corrected and re-submitted via the Non-Appearance Tracking System. ADDITIONAL DATA During court proceedings a judge or assistant district attorney may instruct a member of the service to appear in court at a later time or date. If this occurs, the member of the service must then notify their desk officer/roll call clerk, who in turn will notify the Appearance Control Unit. The member of the service will make such a notification to his/her command, via telephone, immediately upon dismissal from the police sign-in room. A member of the service must appear in court as directed by the judge or assistant district attorney, whether or not an Appearance Control Unit or CACS notification is received, unless notified that the appearance had been cancelled. If the requesting party/agency (e.g., assistant district attorney, hearing officer at the Department of Consumer Affairs, etc.) calls a command’s roll call or desk officer to cancel an appearance by a member of the service, the requesting party/agency will be reminded to enter such a cancellation into the CACS system. This will prevent the member of the service from being charged with a failure to appear in court. The CACS is interfaced with the Automated Roll Call System (ARCS). This enables a requesting agency, such as the District Attorney’s Office, to tell at a glance if the proposed date selected for a court appearance is the members RDO, annual vacation, etc. This NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 211-04 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 feature allows the District Attorney to avoid using that date, thereby reducing court related overtime. For this aspect of the system to be effective, commands must ensure that their members vacation schedules, chart changes, etc. are updated in ARCS in a timely fashion. Every morning at 1000 hours all commands, which use the CACS, receive a computergenerated report listing the names of members who have failed to appear in court by 1000 hours that day. (This report does not include alerts that have not yet been activated.) In precincts, PSAs, Transit Districts, etc., this report prints at the desk’s or roll call’s terminal. In specialized units, this report prints at the unit’s FINEST or LAN printer. The desk officer/supervisor on duty who receives this report must make every effort to ensure that those members who are listed as “no shows” actually appear in court as required. The commanding officer will use the CACS computer, FINEST or LAN generated report to investigate why each “no show” member failed to appear in court (other than SAP Court) and then take appropriate disciplinary action, as necessary. If negligence or misconduct is found, or court cases are dismissed due to member’s absence, the commanding officer will comply with A.G. 316-44, “Supervision of Uniformed Members of the Service at Court.” Each business day, the commanding officer will forward a communication to the investigations unit in the overhead command, identifying members of the service who failed to appear in court, including the reasons for the non-appearances and the disciplinary actions taken, if any. RELATED PROCEDURES Duties and Conduct in Court (P.G. 211-01) Processing Notifications to Appear at Courts and other Government Agencies (P.G. 211-05) Processing Request for Police Department Documents Received from Assistant District Attorneys and Assistant Corporation Counsels (P.G. 211-18) Supervision of Uniformed Members of the Service at Court (A.G. 316-44) FORMS AND REPORTS COURT ATTENDANCE RECORD (PD468-141) IDENTIFICATION CARD (PD416-091) NOTIFICATION (PD406-122) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-05 PROCESSING NOTIFICATIONS TO APPEAR AT COURTS AND OTHER GOVERNMENT AGENCIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 8 PURPOSE To effectively monitor and control, via a formal notification process, appearances by members of the service (uniformed and civilian) at various courts, CCRB, other government agencies and for District Attorney’s assignments. In addition, this procedure takes into account the different command structures within the Department and requires commanding officers to incorporate this procedure into the circumstances of his/her command, ensuring compliance with the notification process. SCOPE With the establishment of the computerized Court Appearance Control System (CACS), the Appearance Control Unit’s responsibilities were re-defined in order to more effectively monitor and control the appearance process. Appearance Control Unit functions include: a. Processing requests and making notifications for members of the service to appear in court or other governmental agencies. (Appearance Control Unit will only make notifications for commands that have not yet been enabled in the CACS) b. Maintaining a liaison between this Department, the District Attorney’s Office and other related agencies c. Mediating and resolving conflicting court appearances d. Maintaining required records and statistical data. DEFINITIONS DISTRICT ATTORNEY’S ASSIGNMENT – Any assignment, including field assignments, requested by the District Attorney’s Office for the purpose of case or trial preparation. ENABLED COMMAND – Commands with access to the computerized Court Appearance Control System (CACS). NON-ENABLED COMMAND – Commands that receive their notifications through the Appearance Control Unit/Borough Court Section concerned. DESIGNATED SUPERVISOR – Supervisor assigned by the commanding officer to ensure notifications are distributed and accounted for. ROLL CALL CLERK/DESIGNATED MEMBER – Member assigned by the commanding officer to process notifications received from Appearance Control Unit or CACS. PROCEDURE When a notification is received at the requested member’s command from the Appearance Control Unit, or the CACS for commands enabled in this system, or by subpoena, or as the result of a verbal instruction given by a Judge, Assistant District Attorney, or Corporation Counsel member to appear at a Grand Jury, Court (Supreme, Civil, Criminal, or Family), for trial preparation, a government agency, or for a District Attorney’s assignment: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-05 REVISION NUMBER: PAGE: 08/01/13 2 of 8 APPEARANCE CONTROL UNIT 1. NOTE A telephone notification for members of the service to appear will not be accepted at any command unless received from the Appearance Control Unit, or if closed, the Borough Court Section concerned. Notifications are made in this manner for commands that are not yet enabled in the CACS. ASSISTANT DISTRICT ATTORNEY 2. Notify member’s command via the CACS or Appearance Control Unit. ROLL CALL CLERK/ DESIGNATED MEMBER 3. Immediately notify the requesting agency and the Appearance Control Unit, if a member is unable to appear for a scheduled appearance. a. Cancellation will be accepted only if member is: (1) Sick, after conferral with district surgeon reveals member is incapable to appear (2) On annual vacation selection (3) On military leave (4) On bereavement leave (5) On terminal leave and/or other paid leave contiguous with terminal leave (e.g., vacation, lost time, chart day). Appearance Control Unit authorized appearances for uniformed members while on terminal leave will be compensated as per the appropriate overtime rate. Make entry in Command Diary if the appearance notification was not received via the CACS. Promptly notify the roll call clerk/designated member in member’s new command: a. When receiving a notification for a member that has been transferred, or b. Re-route electronically if notification was received via the CACS. Utilize the printed CACS notification or prepare a separate NOTIFICATION (PD406-122) slip for each court appearance received via CACS, Appearance Control Unit, Borough Court Section concerned, subpoena, or verbal instructions from a Judge, Assistant District Attorney, or a Corporation Counsel member, etc. Prepare NOTIFICATION RECAP(S) (PD168-122), ensure that the following captions are completed: a. Column “A” and Column “B” b. “Roll Call Clerk/Designated Member (Rank/Title, Name)”, “Tax No.”, “Command” c. “Date”, “Page of ”, “Platoon/Tour.” Attach NOTIFICATION(S) to NOTIFICATION RECAP(S) and submit to desk officer/designated supervisor for distribution. a. Retain one copy of the NOTIFICATION RECAP at roll call. 4. 5. 6. 7. 8. Notify member’s command of scheduled appearance. a. Enter all appearances in CACS even if the command is not enabled in CACS. This includes administrative appearances and appearances at smaller courts, such as ECB, SLA, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-05 REVISION NUMBER: PAGE: 08/01/13 3 of 8 NOTE One copy of the NOTIFICATION RECAP must be retained at the roll call office. This will enable roll call staff to determine what notifications are outstanding and will assist command staff to ensure compliance with notifications. DESK OFFICER/ DESIGNATED SUPERVISOR 9. 10. 11. 12. ROLL CALL CLERK/ DESIGNATED MEMBER 13. 14. Prepare the following captions on NOTIFICATION RECAP: a. “Desk Officer/Designated Supervisor (Rank/Title Name)”, “Tax No.”, “Command.” Distribute NOTIFICATION(S) and attach the following to NOTIFICATION RECAP: a. Appropriate copy of NOTIFICATION(S) served b. NOTIFICATION(S) that were unable to be served. Verify distribution of NOTIFICATION(S) by completing the following captions on NOTIFICATION RECAP: a. Columns “C” and “D” b. “Verified by Desk Officer/Designated Supervisor (Rank/Title, Signature)”, “Tax No.”, “Command.” Forward NOTIFICATION RECAP with NOTIFICATION(S) to Roll Call/designated member. Review NOTIFICATION RECAP(S) and ensure that all NOTIFICATION(S) are accounted for. a. Notify Appearance Control and update CACS as required and make appropriate entries in Column “E” of NOTIFICATION RECAP(S) as necessary. Retain “Roll Call File” copy of NOTIFICATION RECAP and distribute remaining copies as delineated on form to the integrity control officer and operations coordinator. OPERATIONS COORDINATOR/ DESIGNATED SUPERVISOR 15. NOTE This action will enable an Assistant District Attorney to know which requested members of the service will actually appear in court and/or the reason(s) why they will not. 16. 17. Review appropriate copy of NOTIFICATION RECAP(S), ensure that all members of the service are notified of their court and/or other governmental agency appearances and file. Ensure that the roll call clerk/designated member promptly: a. Notifies Appearance Control regarding notifications(s) that require cancellation OR b. Enters the appropriate notification dispositions into the CACS for notifications received via that system. Direct that the roll call clerk/designated member inform the Appearance Control Unit and update the CACS accordingly for notifications received via that system, when the status of a notification disposition changes (i.e., member was notified to appear, but is now on sick leave). a. The requesting agency will also be notified. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-05 REVISION NUMBER: PAGE: 08/01/13 4 of 8 INTEGRITY CONTROL OFFICER 18. Review appropriate copy of NOTIFICATION RECAP(S) for accuracy, completeness, compliance and file. MEMBER OF THE SERVICE 19. Sign and promptly return copy portion of NOTIFICATION to desk officer/designated supervisor/roll call clerk/designated member. Comply with instructions received from desk officer/designated supervisor/roll call clerk/designated member. 20. ON DATE OF COURT APPEARANCE MEMBER OF THE SERVICE 21. 22. 23. NOTE Perform duty with second platoon. Muster in command in uniform or as otherwise authorized by the commanding officer. Bring all necessary arrest documents to each court appearance (i.e., ACTIVITY LOG (PD112-145) entries, arrest forms, requested evidence, etc.). Members of the service should understand that the release of documents is governed by P.G. 211-15, “Processing Subpoenas for Police Department Records and for Testimony by Members of the Service.” Under no circumstances will records be forwarded to an attorney (other than an Assistant District Attorney or Assistant Corporation Counsel) without prior consolation with the Document Production Unit. 24. 25. 26. 27. NOTE Report to Police Sign-In Room at the specific time stated on appearance notification. Comply with provisions of Department Manual pertaining to court appearances, as appropriate. Contact the desk officer at least one hour prior to completion of tour if required to continue assignment beyond normal end of tour. Notify desk officer if not interviewed within two hours after arrival at the District Attorney’s Office for trial preparation. When notified as per step “26” or “27”, the desk officer will confer with the assigned Assistant District Attorney or Assistant District Attorney’s Supervisor to determine if the member’s services are required or if the member should return to command. CONFLICTING COURT APPEARANCES AND NOTIFICATIONS FROM AUTHORITIES OTHER THAN THE APPEARANCE CONTROL UNIT OR CACS MEMBER OF THE SERVICE 28. Notify desk officer/designated supervisor/roll call clerk/designated member if instructed to appear at court, District Attorney’s office or other government agency and: a. In receipt of a subpoena or b. Verbal instructions for appearance have been received from a Judge, Assistant District Attorney, or Corporation Counsel member or c. There are conflicting appearances for the same day. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-05 REVISION NUMBER: PAGE: 08/01/13 5 of 8 DESK OFFICER/ DESIGNATED SUPERVISOR/ ROLL CALL CLERK/ DESIGNATED MEMBER 29. Immediately notify the Appearance Control Unit when informed of any of the above situations as per step “28”, and a. Prepare NOTIFICATION and document on NOTIFICATION RECAP. b. Direct member of the service to appear in court as per the subpoena or verbal instructions. c. Direct member to sign and promptly return NOTIFICATION. NOTE The Appearance Control Unit will mediate all conflicting court appearances and inform the command of the results. SHORT DATE NOTIFICATION NOTE A “short date notification” is a notification for a member of the service to appear the next day, or a notification delivered on a Friday for a member to appear on the following Monday. Because these notifications are time sensitive, and may be received at an hour when the roll call office is closed, CACS has been designed to automatically transmit these notifications to the command’s FINEST or LAN printer. DESK OFFICER/ DESIGNATED SUPERVISOR 30. 31. 32. 33. 34. Monitor the FINEST or LAN printer for “short date notifications.” Inspect Telephone Record for “short date notifications.” Attempt to immediately notify member of the service. Inform roll call clerk/designated member immediately, if available, or on the next business day, of completed and/or incomplete “short date notifications” and provide appropriate copies of the notifications. a. Direct roll call clerk/designated member to account for “short date notifications,” whether completed or not, on NOTIFICATION RECAP. Give incomplete “short date notifications” to the relieving supervisor, or if available, to roll call clerk/designated member who will continue to attempt to notify the member of the service. DISTRICT ATTORNEY’S FIELD ASSIGNMENT MEMBER OF THE SERVICE 35. 36. Obtain prior permission from commanding officer/designee if field assignment is to commence at a location other than command, District Attorney’s Office or court. Notify desk officer/designated supervisor when reporting for a District Attorney’s field assignment. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-05 REVISION NUMBER: PAGE: 08/01/13 6 of 8 TEMPORARY ASSIGNMENT TO DISTRICT ATTORNEY’S OFFICE MEMBER OF THE SERVICE 37. 38. COMMANDING 39. OFFICER, MEMBER CONCERNED Process request through appropriate Appearance Control Unit. a. Such assignments will not exceed five days b. Requests for temporary assignment of more than thirty days will be processed as per A.G. 320-07, “Temporary Assignments.” Forward requests for extension of such assignment and/or requests for temporary assignments of six to thirty days to commanding officer of member concerned. Review request and endorse to Chief of Department (through channels) for final determination. NOTE A request for extension of a temporary assignment will be reviewed and endorsed by the commanding officer, member concerned. Any further extension will be reviewed by the commanding officer, member concerned, and endorsed with recommendations (through channels) to the Chief of Department for final determination. Uniformed members of the service will not accept a verbal extension of a temporary assignment from an Assistant District Attorney, unless there is an ongoing trial and appearance is for the next day. In that case, the uniformed member of the service will contact his/her commanding officer, who in turn will notify the Appearance Control Unit. The Assistant District Attorney will be advised to request an extension through the CACS, Appearance Control Unit, or if closed, the Borough Court Section. ADDITIONAL DATA A member of the service who must appear in court on a scheduled day off, for an adjourned case, will be assigned to a 0900 x 1700 tour, or as otherwise appropriate for attendance at court. A member of the service who must appear in court on a scheduled day off may be excused from remainder of tour, needs of the service permitting. If excused, the member will enter “Requested Excusal” on the OVERTIME REPORT (PD138-064) submitted. A member of the service who becomes unavailable due to a conflicting court appearance, sick leave, or other condition such as new arrest, change in assignment or duty chart, will notify the roll call clerk, designated member, sick desk supervisor, or desk officer. The desk officer/designated supervisor or roll call clerk/designated member will notify the Appearance Control Unit of the member’s unavailability by telephone prior to scheduled appearance. The CACS will be updated accordingly. The requesting agency will also be notified. Uniformed members of the service who are normally assigned to the Fourth Platoon (1800 X 0200 hours) that are subpoenaed, directed by Appearance Control Unit, the CACS or notified by other competent authority, to attend any court, official agency hearing or training session the following day (Second Platoon), will be notified in advance and reassigned to perform duty with the Third Platoon (1600 X 2400 hours). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 211-05 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 7 of 8 Those uniformed members of the service who are not notified in advance or who are already performing duty with the Fourth Platoon at the time they receive a notification to attend any court, official agency or training session the following day on the Second Platoon, will be excused from duty, under normal circumstances, at 2400 hours. If the member concerned effects an arrest and the related paperwork is not completed by 2400 hours or the member concerned is in the process of performing a police function beyond 2400 hours, that member is not entitled to be dismissed until all of the police related functions are complete. If the uniformed member of the service continues to work beyond 0200 hours, the member will be entitled to receive appropriate overtime compensation in the normal manner. (The excused member is not entitled to receive any overtime compensation for the time period 2400 to 0200 hours.). Desk officer will make appropriate notations in the Command Log, and on the roll call and sign out sheet for those uniformed members of the service who are dismissed at 2400 hours. In all cases where an appearance notification falls on a member’s regular day off, only that member’s commanding officer or designee will be permitted to cancel this notification after personally conferring with and receiving the concurrence of the person who requested the appearance, (i.e. judge, assistant district attorney, assistant corporation counsel member, or their supervisor). This includes all court subpoena and verbal instruction cases. Every effort should be made, with a few rare exceptions, in (RDO) trial preparation and (RDO) Grand Jury appearance cases, and the defendant is no longer in custody, to cancel the notification with the verbal concurrence of the assigned assistant district attorney. A service by telephone message attempting to cancel the notification on the authorizing person’s voice mail, or a request for a return phone call to have a follow up conversation on this matter, does not relieve the command from the responsibility of having this member report to court or other governmental agency as scheduled. If the requesting agency (e.g. assistant district attorney, assistant corporation counsel), does not concur with the requested cancellation, the member concerned must appear as scheduled. If the requesting agency concurs with the cancellation, the commanding officer or designee will then notify the Appearance Control Unit for all notifications received from that Unit, including subpoenas and verbal cases that were not initially received from that Unit, or request the assistant district attorney or their supervisor to enter this cancellation data into the CACS for all notification cases received via that computerized system. In addition, in all agreed upon cancellation cases, the member of the service who conferred with the requesting agency will have a telephone message entry made, indicating the details of the canceled notifications. A Special Narcotics Appearance Control Unit is located in Queen’s Special Narcotics Courts. In addition to tasks listed in this procedure, the Special Narcotics Appearance Control Unit will also place uniformed members of the service on telephone alert when requested by the Special Narcotics Assistant District Attorney. CACS passwords are issued by the Criminal Justice Bureau, not MISD. Requests for passwords should be sent on Typed Letterhead to the Criminal Justice Bureau at One Police Plaza, Room 204. The request should include command code, tax number, as well as, full name and a contact name and phone number. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 211-05 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 8 of 8 RELATED PROCEDURES Duties and Conduct in Court (P.G. 211-01) Prevention of Court Appearance on Scheduled Day Off (P.G. 211-07) Criminal/Civil Court - Telephone Alert System (P.G. 211-06) Processing Subpoenas for Police Department Records and for Testimony by Members of the Service (P.G. 211-15) Reporting Sick (P.G. 205-01) First And Third Platoon Arrests (P.G. 208-25) FORMS AND REPORTS OVERTIME REPORT (PD138-064) ACTIVITY LOG (PD112-145) NOTIFICATION (PD406-122) NOTIFICATION RECAP (PD168-122) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-06 CRIMINAL/CIVIL COURT TELEPHONE ALERT SYSTEM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To prevent unnecessary court appearances by uniformed members of the service. DEFINITION CIVIL COURT - as used in this procedure refers to Civil Court and Supreme Court - Civil Term. PROCEDURE When notified by Borough Court Section, Appearance Control Unit or the Computerized Appearance Control System (CACS), that a uniformed member of the service has been placed on telephone alert for Criminal Court, or upon receipt of a personal subpoena requiring member’s appearance in Civil Court: CRIMINAL COURT ALERT: 1. ROLL CALL CLERK 2. 3. NOTE Verify that uniformed member of the service: a. Is scheduled for duty on date of alert. b. Is not scheduled for vacation or other leave. c. Is not scheduled for appearance in another court or at another agency. Make entry in Command Diary under date of alert. Prepare NOTIFICATION (PD406-122) indicating uniformed member of the service is on telephone standby alert. This notification can also be received via Computerized Court Appearance Control System (CACS), in commands activated for CACS. 4. 5. 6. DESK OFFICER 7. Deliver NOTIFICATION to desk officer and note on black board that message is at desk. Assign uniformed member of the service to patrol duty with second platoon. Do not assign uniformed member a meal period prior to 1300 hours. Direct member concerned to signal command every 30 minutes between 1000 and 1300 hours if NOT equipped with portable radio or NOT assigned to a radio equipped department vehicle. NOTE If uniformed member of the service is not directed to report to court by 1300 hours, a telephone alert will NOT be activated that day. APPEARANCE CONTROL UNIT 8. DESK OFFICER 9. Notify desk officer, command concerned, that member on telephone alert is required in court. Notify member concerned to report to court immediately. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-06 REVISION NUMBER: PAGE: 08/01/13 2 of 3 CIVIL COURT ALERT: DESK OFFICER 10. 11. Enter attorney’s name, address and telephone number in Command Log upon receipt at command of personal subpoena for uniformed member of the service assigned to command. Notify roll call clerk of appearance date. ROLL CALL CLERK 12. NOTE Notification will be made to the Appearance Control Unit where the court is located although the subpoenaed member’s command is located in another borough. APPEARANCE CONTROL UNIT, BOROUGH CONCERNED 13. Make appropriate Command Log entry of scheduled appearance and include uniformed member’s name, command, court case and attorney’s name, address and telephone number. COMMANDING 14. OFFICER 15. Have uniformed member of the service scheduled to appear in Civil Court assigned to 2nd Platoon on scheduled appearance date. Direct that member concerned signal command every thirty minutes between 0900 and 1300 hours if not equipped with a portable radio or assigned to a radio equipped department vehicle. a. Member will not be assigned a meal period prior to 1300 hours. APPEARANCE CONTROL UNIT Notify desk officer, command concerned, that member on telephone alert is required in court. 16. DESK OFFICER 17. Notify appropriate Borough Court Section, Appearance Control Unit, of member’s scheduled Civil Court appearance. a. Inform Appearance Control Unit of any conflicting court appearances or other reasons member may be unavailable. Direct uniformed member concerned to report to Civil Court immediately. NOTE If uniformed member of the service is not directed to report to court by 1300 hours, the alert will be cancelled. In addition, if a case is adjourned and the member is not called to appear that date or the next, the subpoena must be repeated unless a notification is received by the attorney by 1400 hours, in which case the Borough Court Section, Appearance Control Unit, will place the member on alert for the next court appearance without requiring a new subpoena. ADDITIONAL DATA A uniformed member of the service on telephone alert who becomes unavailable due to a conflicting court appearance, sick leave, or other condition such as new arrest, change in assignment, or duty chart, will notify roll call clerk, sick desk supervisor or desk officer, as appropriate. THE DESK OFFICER OR ROLL CALL CLERK WILL NOTIFY THE APPEARANCE CONTROL UNIT, BY TELEPHONE, OF THE MEMBER’S UNAVAILABILITY. The supervisor assigned to the Appearance Control Unit will notify a commanding officer in writing, if: a. The member fails to appear when called OR b. The member who is on alert appears in court without being called. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 211-06 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 RELATED PROCEDURES Duties and Conduct in Court (P.G. 211-01) Prevention of Court Appearance on Scheduled Day Off (P.G 211-07) Processing Notifications to Appear at Courts and Other Government Agencies (P.G. 211-05) FORMS AND REPORTS NOTIFICATION (PD406-122) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-07 PREVENTION OF COURT APPEARANCE ON SCHEDULED DAY OFF DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To reduce appearances of uniformed members of the service in court on scheduled days off. PROCEDURE When appearing in court, before a Grand Jury or another government agency and the judge sets an adjournment date in conflict with scheduled time off: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. Inform the judge of this fact. Request another day in accordance with work schedule. Make ACTIVITY LOG (PD112-145) entry if rescheduled date still poses a conflict. Include: a. Name of the judge and assistant district attorney b. Date of appearance c. Adjournment date d. Court and part Inform borough court section supervisor assigned to police room of such scheduling on day off. BOROUGH COURT SECTION SUPERVISOR 5. Request new date in accordance with member’s work schedule. a. If unable to obtain new date, sign member’s ACTIVITY LOG entry and COURT ATTENDANCE RECORD (PD468-141). ROLL CALL CLERK 6. Make entry in diary when notified that member’s appearance is scheduled on a regular day off (RDO) and indicate attempt by borough court section supervisor to change date. Inform Operations Coordinator when member is scheduled to appear on RDO. 7. OPERATIONS COORDINATOR 8. Contact assistant district attorney concerned when member is scheduled to appear on RDO to ascertain necessity for such appearance. a. Reschedule appearance for a date, other than member’s RDO, if possible. INTEGRITY CONTROL OFFICER 9. Check records relating to court appearances scheduled for RDOs. ADDITIONAL DATA A uniformed member of the service who must appear in court on a scheduled day off will be scheduled to begin at 0900 hours or as otherwise appropriate for attendance at court. The length of the tour shall be consistent with the member’s normal chart. A member returning from court may be excused upon request, if the exigencies of the service permit. If excused, member shall enter “Requested Excusal” on the OVERTIME REPORT (PD138-064) submitted. RELATED PROCEDURES Processing Notifications to Appear at Courts and Other Government Agencies (P.G. 211-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COURT ATTENDANCE RECORD (PD468-141) OVERTIME REPORT (PD138-064) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-08 DOCUMENTING AND REPORTING COURT APPEARANCES PERTAINING TO ARRESTS ON A WARRANT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To carefully document and report any appearances made in court which are related to arrests on a warrant. DEFINITION ARRESTING OFFICER - For the purposes of this procedure, an arresting officer is the Patrol Borough, Housing and Transit Bureau warrant enforcement team member, detective squad member or any other non-supervisory uniformed member assigned to arrest persons named on warrants issued by the court. PROCEDURE When an arresting officer appears in court to process an arrest on a warrant: ARRESTING OFFICER 1. 2. NOTE For officer safety considerations, the escorting officer will remain in the intake area of court section with prisoner until arresting officer returns. 3. NOTE Complete arrest processing and return to sign-in room. Upon completing the arrest process, the arresting officer who could not report in person will once again contact the court section sign-in room supervisor/personnel by telephone and obtain a “Live Arrest Case” tracking number and dismissal time. Both will be noted in the officer’s ACTIVITY LOG (PD112-145). 6. NOTE Prepare and submit COURT ATTENDANCE RECORD (PD468-141) in all cases to borough court section sign-in room supervisor/personnel. Borough court section sign-in room supervisor/personnel will prepare the COURT ATTENDANCE RECORD and make an entry in the “Live Arrest Tracking Log” when the arresting officer cannot report in person. 5. NOTE Report to the borough court section sign-in room. When an arresting officer processing a fugitive warrant cannot report in person to the court section sign-in room, he/she must contact the borough court section sign-in room supervisor/personnel via telephone. 4. NOTE Comply with provisions of P.G. 211-01, “Duties and Conduct in Court.” Accompany escorting officer with prisoner to intake area of the court section, if possible. Return directly to command and deliver COURT ATTENDANCE RECORD to desk officer, except members in civilian clothes who are dismissed from court by a police room supervisor. If dismissed from court, member concerned must notify desk officer of command, by telephone; the desk officer will make notation of dismissal on appropriate Department record. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-08 ADDITIONAL DATA REVISION NUMBER: PAGE: 08/01/13 2 of 2 When an arresting officer does not report in person to the borough court section sign-in room and overtime is incurred as a result of processing an arrest warrant(s), the arresting officer will prepare a typed communication. This communication must include the following: name of the borough court section sign-in room supervisor, the “Live Arrest Case” tracking serial number, the date, and time of arrival/dismissal. In addition, an OVERTIME REPORT (PD138-064) will be completed. Both the communication and OVERTIME REPORT must be attached together and forwarded to the arresting officer’s commanding officer. COURT SECTION SIGN-IN ROOM LOCATIONS MANHATTAN Supreme and Family Court Warrants 80 Baxter Street, report to basement level between 0800 hours and 1700 hours 100 Centre Street, report to room 132 between 1700 hours and 0800 hours Criminal Court Warrants 100 Centre Street, report to room 132 all times BROOKLYN Supreme and Family Court Warrants 350 Jay Street, report to 1st floor, all times Criminal Court Warrants 120 Schermerhorn Street, report to room 109, all times BRONX Supreme, Criminal and Family Court Warrants 215 East 161 Street, main floor, room M-2B, all times QUEENS Supreme , Criminal and Family Court Warrants 125-01 Queens Blvd., report to basement, all times STATEN ISLAND Supreme, Criminal and Family Court Warrants 78 Richmond Terrace, report to second floor, all times RELATED PROCEDURES Arrest on a Warrant (P.G. 208-42) Duties and Conduct in Court (P.G. 211-01) Search Warrant Applications (P.G. 212-75) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COURT ATTENDANCE RECORD (PD468-141) OVERTIME REPORT (PD138-064) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-09 APPEARANCES BY MEMBERS OF THE SERVICE BEFORE GOVERNMENTAL AGENCIES OR PRIVATE ORGANIZATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To notify the Police Commissioner when a member of the service (uniformed or civilian) intends to give testimony or make an official oral or written statement before a governmental or private organization about matters relating to the operations or policies of the Department; and to provide guidance to members of the service who intend to make an unofficial statement before a governmental or private organization about matters relating to the operations or policies of the Department. SCOPE This procedure applies to testimony or statements before governmental agencies or private organizations by members of the service acting in an official capacity, who volunteer, are invited, or are subpoenaed to testify or make a statement regarding Department policy or positions on public matters at any public hearing or before a governmental agency, court, investigating body, legislative committee, administrative agency, private organization, etc. AND testimony or statements before any court or governmental agencies by members of the service providing character, opinion or expert testimony, who volunteer, are invited, or are subpoenaed to testify or make a statement. NOTE This procedure does not apply to members appearing in the normal course of their duties before criminal or civil courts, the Grand Jury, Corporation Counsel, Department Trial Room, Division of Parole revocation hearings, Traffic Violations Bureau, Parking Violations Bureau, Environmental Control Board, etc. Further, this procedure does not apply to testimony or statements given before governmental agencies or private organizations by members of the service acting in a non-official capacity when the speech is not of a confidential nature, who volunteer or are invited or subpoenaed to testify or make a statement regarding Department policy or positions on public matters at any public hearing or meeting before a governmental agency, court, investigating body, legislative committee, administrative agency, private organization, etc. PROCEDURE When a member of the service intends to testify or make a statement before a governmental or private agency in an official capacity or provide character, opinion or expert testimony: MEMBER OF THE SERVICE 1. Prepare a written request/notification, on Typed Letterhead, in triplicate addressed to the Police Commissioner and include a synopsis of the subject matter to be addressed, as well as the following: a. Rank b. Name c. Tax Registry Number d. Command e. Name and address of agency/organization f. Date and location of testimony/statement g. Type of proceeding h. Date of receipt of subpoena/invitation NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-09 REVISION NUMBER: PAGE: 08/01/13 2 of 3 i. MEMBER OF THE SERVICE (continued) 2. Name, rank, tax registry number (if known), command of member of the service or name, address, etc., or for other than a member of the service, and any other relevant or necessary identifying information for person concerned, if character testimony is to be given. Forward request/notification no later than five business days before the date of testimony/statement as follows: a. ORIGINAL, to Police Commissioner, DIRECT b. COPY, to Police Commissioner, THROUGH CHANNELS c. COPY, to Deputy Commissioner, Public Information, DIRECT. NOTE For voluntary appearances, (not appearances requested by the Department or required by subpoena or court order) prior written approval from the Police Commissioner is mandatory. While members of the service directed to appear by personal subpoena are required to appear by law, written notification to the Police Commissioner is required. Any questions regarding compliance with a subpoena should be directed to the Legal Bureau. OFFICE OF THE POLICE COMMISSIONER 3. NOTE If a member of the service is unable to comply with the five business days notice requirement due to the appearance date mandated by the subpoena, or other reason, the member of the service must immediately notify the Office of the Police Commissioner or the Legal Bureau, by telephone. ADDITIONAL DATA When members of the service intend to speak in a non-official capacity before community meetings or before gatherings convened by elected officials or candidates for elective office or their staffs, such members are encouraged to confer with the Legal Bureau, Legislative Affairs Unit to request background information or assistance, however, such conferral is not mandatory. Members of the service speaking in an official capacity are to be guided by P.G. 212-76, “Information Concerning Official Business of Department.” Conferral with the Legal Bureau, Legislative Affairs Unit, is not to be considered compliance with the required notifications/approvals for official statements pursuant to this section. Notify the member concerned, as necessary, whether the appearance has been approved/disapproved. Members of the service are reminded that when providing testimony/statements in a nonofficial capacity, on a matter relating to the operations or policies of the Department, they must clearly state to the audience they address that they are speaking on their own behalf and not on behalf of the Department. Additionally, all members of the service are reminded that matters concerning the official business of the Department must be kept strictly confidential. Members of the service who testify or make a statement before governmental agencies or private organizations in a non-official capacity AND members of the service who provide character, opinion or expert testimony in their private capacity must do so during off duty time. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 211-09 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 RELATED PROCEDURES Processing Subpoenas for Police Department Records and for Testimony by Members of the Service (P.G. 211-15) Subpoenas Issued by Courts Outside New York City (P.G. 211-16) Conferral With Department Attorney (P.G. 211-20) Information Concerning Official Business of Department (P.G. 212-76) Release of Information to News Media (P.G. 212-77) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-10 TRAFFIC VIOLATIONS BUREAU NOTIFICATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To effectively monitor and control the appearances of uniformed members of the service who are being requested by the Department of Motor Vehicles to appear at the Traffic Violations Bureau (TVB) for summons hearings. SCOPE The New York State Department of Motor Vehicles forwards two copies of a computer notification print-out entitled “POLICE APPEARANCE LISTING” to affected commands, via Department mail, each business day. This printout is an appearance schedule designating when and where the officer of record will appear for a summons hearing. It also provides other pertinent information, i.e., summons number, date/type of violation, and the defendant’s name. PROCEDURE Upon receipt of a Police Appearance Listing at a police command: ROLL CALL PERSONNEL 1. 2. NOTE Review Listing and enter member’s scheduled appearance in the command’s court diary. Make immediate notification to the TVB office concerned if a member is unable to appear due to: a. Sickness b. Military leave c. Death in the family d. Conflicting court appearances e. Department related emergency (i.e. mobilization, disorder, etc.) f. Vacation selection (roll call personnel must verify) g. Arrest by member (roll call personnel must notify TVB with an arrest number) Requests for rescheduling must be made at least ten calendar days before originally scheduled hearing date. 3. 4. 5. Prepare NOTIFICATION (PD406-122) and comply with P.G. 211-05, “Processing Notifications To Appear At Courts and Other Government Agencies.” a. If requested uniformed member has been transferred, immediately notify that member’s new command via telephone, and make an appropriate entry in the Telephone Record. b. If requested uniformed member of the service is retired or no longer employed by this Department, notify Integrity Control Officer for preparation of AFFIDAVIT OF NO RECOLLECTION / SEPARATION FROM SERVICE (PD360-121). Ensure all TVB hearing cases are included in daily roll calls as appropriate. Post a copy of the Police Appearance Listing in the muster room of the command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-10 REVISION NUMBER: PAGE: 08/01/13 2 of 5 NOTE Under no circumstances will a member report to a TVB hearing on his/her RDO. DESK OFFICER/ SUPERVISOR 6. NOTE When notification of appearance is made to a uniformed member of the service, the notifying supervisor will ensure that the issuing officer conducts a warrant check. UMOS CONCERNED 7. 8. Ensure that member concerned receives NOTIFICATION. Review copy of NOTIFICATION and immediately notify roll call of any conflicts with the scheduled date/time of hearing. a. Notify Integrity Control Officer if the notification received involves a summons issued prior to November 1993 and there is no independent recollection of the case. b. Request AFFIDAVIT OF NO RECOLLECTION / SEPARATION FROM SERVICE be prepared. Sign NOTIFICATION and return receipt copy to desk officer/supervisor. NOTE Members will comply with P.G. 211-01, “Duties And Conduct In Court”, and P.G. 21111, “Traffic Violations Bureau Appearances/Computerized Time Slips,” when reporting for a hearing. INTEGRITY CONTROL OFFICER 9. NOTE In order to establish a charge at the Traffic Violations Bureau (TVB), uniformed members of the service must present clear and convincing evidence. Proof could rest on the recollection of the uniformed member of the service refreshed by contemporaneously made memoranda. Thus, while an individual uniformed member of the service may have no recollection of the facts concerning the summons issuance independent of his or her own memo book entries, if after having read those memo book entries, the uniformed member of the service can speak to the facts from his or her own recollection sufficient to establish the charge by clear and convincing evidence, then the uniformed member of the service should appear and testify at the hearing as scheduled. If even after reading the memo book entries, the uniformed member of the service is still unable to testify from recollection, the memo book entries, if otherwise sufficiently detailed to establish the charge by clear and convincing evidence, may be read into the record at the hearing, if the uniformed member of the service is able to testify that (1) he or she once had knowledge of the entries, (2) the entries were prepared by the uniformed member of the service, (3) the entries were prepared when the knowledge of the contents were fresh in the mind of the uniformed member of the service, and (4) the uniformed member of the service intended when the entries were made, that they be accurate. The role of the Integrity Control Officer is critical in determining whether a member of the service should appear at a Traffic Violations Bureau hearing. Integrity Control Officers should ensure that effective testimony can not be offered by the uniformed member of the service prior to preparation and forwarding of the AFFIDAVIT OF NO RECOLLECTION / SEPARATION FROM SERVICE. In instances where the memo book entries of the officer cannot be located and/or are lacking sufficient information, the Integrity Control Officer should take appropriate disciplinary action. Conduct an investigation to ensure that an officer who claims no recollection on a pre-November 1993 case has no independent recollection of the events in question (i.e., request to see officer’s memo book entries, etc.). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-10 REVISION NUMBER: PAGE: 08/01/13 3 of 5 10. Prepare AFFIDAVIT OF NO RECOLLECTION / SEPARATION FROM SERVICE and submit to roll call personnel for forwarding if investigation reveals no independent recollection of the events in question can be established or if a member of the service notified to appear is no longer employed by this department. DESK OFFICER/ SUPERVISOR 11. Obtain signed receipt copy of NOTIFICATION from member concerned and forward to roll call. ROLL CALL PERSONNEL 12. Check notification receipts daily to ensure notifications have been received and acknowledged by members concerned. a. Forward approved AFFIDAVIT OF NO RECOLLECTION / SEPARATION FROM SERVICE at least ten calendar days prior to the originally scheduled hearing date to the Department of Motor Vehicles central Albany office via fax. TVB COURT SECTION PERSONNEL 13. Prepare TRAFFIC VIOLATIONS BUREAU NON-APPEARANCE NOTICE (PD160-121), in all cases where a member fails to appear at a TVB hearing. Forward original copy of completed TRAFFIC VIOLATIONS BUREAU NON-APPEARANCE NOTICE to the member’s commanding officer. a. Forward copy to the appropriate patrol borough office. INTEGRITY CONTROL OFFICER (continued) 14. COMMANDING 15. OFFICER Review NON-APPEARANCE NOTICES command’s integrity control officer. and forward to the INTEGRITY CONTROL OFFICER 16. COURT SECTION, INTEGRITY CONTROL OFFICER 18. ADDITIONAL DATA Whenever it has been determined that a warrant is to be executed at a Traffic Violations Bureau appearance and the issuing member is excused from duty, a replacement member will be sent by the command concerned. 17. Investigate and ascertain reason for non-appearance at TVB hearing and take disciplinary action, if appropriate. Document findings and action(s) taken on NON-APPEARANCE NOTICE and return to the commanding officer of the borough court section concerned within fourteen days. a. Forward copy of NOTICE to borough office concerned. Monitor receipt of NON-APPEARANCE NOTICES to: a. Ensure commands are preparing and forwarding investigations in regards to NON-APPEARANCE NOTICES as required. b. Ascertain reasons for non-appearances and take appropriate action(s) as necessary. TVB appearances are considered court appearances. Conflicting appearances with the Civilian Complaint Review Board, investigation units, union meetings, training sessions, Medical Division appointments, etc., are not authorized excusals. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-10 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 4 of 5 Commanding officers of non-Automated Roll Call System (ARCS) commands will ensure that roll call personnel forward an updated command roster to the appropriate borough TVB facility on a monthly basis. These rosters will be prepared in alphabetical order, by rank and in the following format: RANK NAME TAX # STEADY RDO CHART PNS/SQD TVB Court Section personnel will FAX a copy of the non-ARCS command rosters to the New York State Department of Motor Vehicles in Albany via FAX. In addition, a copy of all non-ARCS command rosters will be kept on file at each TVB office. ALERT STATUS TVB is now recognizing an “ALERT’ procedure that may be utilized for uniformed members scheduled for TVB hearings. A member will have forty-five minutes to report once TVB has activated that member through their command. A member’s operations coordinator may request roll call to place a member on “ALERT STATUS” under the following conditions: a. Hearing scheduled for 1030 or 1300 time period and b. Hearing appearance scheduled for one motorist only, (regardless of number of summonses issued) and c Member’s command is located within the same patrol borough as the TVB hearing location and d. The ability of a command to ensure the expeditious appearance of its personnel once an “ALERT” has been activated. Uniformed members on “ALERT” will not be assigned to any duty that will prevent their immediate dispatch to TVB; nor will members be scheduled for a meal during the “ALERT” period. “ALERT” periods are between the hours of 1030-1200 hours (1030 hour cases) and 1300-1400 hours (1300 hour cases). When notified by TVB to activate member, the desk officer concerned will immediately notify the member to report directly to TVB; both a Telephone Record and Command Log entry are required. EXTENDED TOURS FOR MEMBERS ASSIGNED TO THE 1ST AND 3RD PLATOONS Uniformed members assigned to the 1st platoon will report to TVB at 0800 hours. Uniformed members assigned to the 3rd platoon will report direct to TVB at 1415 hours. The following provisions will apply: a. Member must attend in business attire. b. This Department reserves the right to reschedule members to the 2nd platoon in appropriate cases as determined by the Department. In this regard, members whose appearances will extend to more than three hours may be rescheduled to the 2nd platoon. These provisions apply only to TVB appearances, and not to other court appearances. c. Members must be on a MUST APPEAR status. Members on ALERT STATUS will continue to be rescheduled. d. Members are not eligible for portal to portal compensation. e. Members on the 1st platoon must notify their commands upon completion of the appearance. Members on the 3rd platoon must return directly to their commands upon completion of the appearance. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 211-10 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 RELATED PROCEDURES Duties And Conduct In Court (P.G. 211-01) Traffic Violations Bureau Appearances/Computerized Time Slips (P.G. 211-11) FORMS AND REPORTS AFFIDAVIT OF NO RECOLLECTION / SEPARATION FROM SERVICE (PD360-121) NOTIFICATION (PD406-122) TRAFFIC VIOLATIONS BUREAU NON-APPEARANCE NOTICE (PD160-121) TVB Police Appearance Listing NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-11 TRAFFIC VIOLATIONS BUREAU APPEARANCES/ COMPUTERIZED TIME SLIPS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To record and monitor appearances of uniformed members of the service required at Department of Motor Vehicles Traffic Violations Bureau hearings. PROCEDURE When a uniformed member of the service is notified and reports to a Traffic Violations Bureau office for a hearing: UNIFORMED MEMBER OF THE SERVICE 1. 2. Bring the “Officer’s Notes” copy of the summons and corresponding ACTIVITY LOG (PD112-145) for each summons being adjudicated at Traffic Violations Bureau hearing. Immediately report to Police Sign-In Room supervisor. UNIFORMED SUPERVISOR ASSIGNED TO T.V.B. 3. NOTE If the uniformed member’s presence is not entered in the computer system, judges adjudicating hearings may dismiss cases for non-appearance of police personnel. UNIFORMED MEMBER OF THE SERVICE 4. NOTE Department form COURT ATTENDANCE RECORD (PD468-141) will not be used for Traffic Violations Bureau appearances. UNIFORMED SUPERVISOR ASSIGNED TO T.V.B. 5. Have one copy of “Officer Time Slip” delivered to uniformed member and file duplicate copy. UNIFORMED MEMBER OF THE SERVICE 6. Notify command desk officer/counterpart via telephone immediately upon dismissal from Police Sign-In Room and comply with instructions received. DESK OFFICER 7. Make notation of uniformed member’s dismissal and instruction given on appropriate Department record. 8. Deliver “Officer Time Slip” to desk officer/counterpart when instructed to return to command, or if otherwise instructed, at earliest possible convenience. UNIFORMED MEMBER OF THE SERVICE Have uniformed member reporting for hearing logged in computer system immediately. Return immediately to Police Sign-In Room upon conclusion of hearing appearance to obtain computerized “Officer Time Slip.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-11 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 9. 2 of 3 Review “Officer Time Slips” for accuracy and note time officer returns to command on time slip. CLERICAL MEMBER 10. File “Officer Time Slips” at command in chronological order in separate folder. INTEGRITY CONTROL OFFICER 11. Review “Officer Time Slips” frequently for integrity purposes. TRAINING SERGEANT 12. Review “Officer Time Slip” Disposition and Code columns frequently for indications of negative patterns and poor performance skills and take appropriate corrective action. NOTE The training sergeant will track the number of times a uniformed member has a case dismissed for failure to establish a prima facie case that a violation has been committed and/or cases where the defendant is found “Not Guilty” because the evidence presented is not clear and convincing. Each month the training sergeant will select the ten uniformed members of the service with the highest percentage of dismissals due to the aforementioned reasons. These members will be retrained and/or subject to any other corrective action(s) as deemed necessary by the commanding officer. ADDITIONAL DATA The following are dispositions and codes used by Department of Motor Vehicles Administrative Law Judges when adjudicating moving violations. These items will appear on computerized “Officer Time Slip” issued to police officers at the conclusion of Traffic Violations Bureau appearances: DISPOSITIONS Not Guilty G= Guilty Disposition Plea at Trial (Contested cases only.) NONE W= Guilty with Appearance Disposition (Used for Appearance Room only.) NONE NOTE 1. 2. CODES Evidence not clear and convincing. Justification. N= Although the “W” disposition appears on time slips, the police officer concerned had no effect on this disposition. The motorist plead guilty. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-11 REVISION NUMBER: PAGE: 08/01/13 3 of 3 ADDITIONAL DATA (continued) CODES (continued) DISPOSITIONS (continued) D= Dismissing Case 1. 2. 3. 4. 5. 6. 7. 8. 9. P= Paid Online FORMS AND REPORTS Uninsured, is in fact Insured. Unlicensed, is in fact Licensed. Unregistered, is in fact Registered. Equipment Documents - The motorist presented proper documentation to the judge. Dismissing the case by statute. Officer No-Show. No Prima Facie case. Police cannot identify motorist. No recollection. Non-Owner/No Knowledge (uninsured vehicle cases) - When motorist summoned claims he had no knowledge that vehicle he/she was operating was uninsured. NONE ACTIVITY LOG (PD112-145) Officer Time Slip NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-12 HEARINGS AT DEPARTMENT OF MOTOR VEHICLES DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 1 PURPOSE To provide a member of the service with legal representative when notified to appear at a Department of Motor Vehicle hearing in connection with a motor vehicle collision while performing police duty. PROCEDURE When notified to appear at a hearing in connection with a collision which occurred when operating a Department vehicle while performing police duty: UNIFORMED MEMBER OF THE SERVICE 1. COMMANDING 2. OFFICER 3. 4. 5. 6. 7. FORMS AND REPORTS Notify commanding officer. Prepare five copies of report on Typed Letterhead containing all facts: a. Include in report transcript of Command Log entry concerning original incident. Endorse report with following facts, if appropriate: a. Member of the service was properly performing police duty b. Guilty of no misconduct c. Charges have not been or likely to be prepared d. Request Corporation Counsel be assigned to defend member. Forward original and copy to Deputy Commissioner-Legal Matters. Forward copy to Deputy Commissioner-Management and Budget. Forward copy to Commanding Officer, Fleet Services Division. File fifth copy. Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-13 OFFICIAL APPEARANCES AT DEPARTMENT OF CONSUMER AFFAIRS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide guidelines for uniformed members of the service requested to appear at a Department of Consumer Affairs official hearing. NOTE The Adjudication Division, Department of Consumer Affairs will notify the member of the service who must appear, through the Court Appearance Control System (CACS). PROCEDURE When requested by the Department of Consumer Affairs to appear at an official hearing: APPEARANCE CONTROL UNIT 1. NOTE This notification can also be received via the Computerized Court Appearance Control System (CACS), in commands activated for CACS. UNIFORMED MEMBER OF THE SERVICE 2. 3. 4. Notify member’s command and authorize scheduled appearance. Appear as scheduled, in uniform, unless assigned to non-uniformed duty, at the Department of Consumer Affairs. Prepare COURT ATTENDANCE RECORD (PD468-141), and sign name in the Police Log to verify presence. a. Upon arrival, the uniformed member of the service will notify the Manhattan Court Section’s Police Room to be signed into the Court Appearance Control System (CACS). Sign out in the Police Log upon completion of the hearing and obtain one copy of the completed COURT ATTENDANCE RECORD. a. Notify the Manhattan Court Section’s Police Room to be signed out of the CACS. NOTE After 1800 hours the uniformed member of the service will call the Manhattan Court Section to be signed out. MANHATTAN COURT SECTION SUPERVISOR 5. Make a Command Log entry when a uniformed member of the service calls the Manhattan Court Section, after 1800 hours, to confirm member’s dismissal from the Department of Consumer Affairs. UNIFORMED MEMBER OF THE SERVICE 6. Return to command and deliver COURT ATTENDANCE RECORD to the desk officer. a. Members in civilian clothes who are dismissed directly, from the Department of Consumer Affairs will notify the Police Room Supervisor and their command’s desk officer. Both the Police Room Supervisor and the desk officer concerned will record the dismissal in their respective Command Logs. b. Member will submit the COURT ATTENDANCE RECORD to the desk officer on the next scheduled tour of duty. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-13 REVISION NUMBER: PAGE: 08/01/13 2 of 2 UNIFORMED MEMBER OF THE SERVICE (continued) 7. Telephone the desk officer of assigned command prior to end of tour if it appears member will be detained at the Department of Consumer Affairs beyond completion of scheduled tour of duty. NOTE The desk officer or designee will be responsible for notifying the Department of Consumer Affairs promptly by telephone during business hours, or during non-business hours (answering machine) whenever a member of the service will be unable to appear for a pending hearing, due to sick leave, death in the family, new arrest, etc. An entry will be made in the Telephone Record detailing the date/time of notification and the name of the person contacted (when available) at the Department of Consumer Affairs. RELATED PROCEDURES Duties and Conduct in Court (P.G. 211-01) Processing Notifications to Appear at Courts and Other Government Agencies (P.G. 211-05) FORMS AND REPORTS COURT ATTENDANCE RECORD (PD468-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-14 INVESTIGATIONS BY CIVILIAN COMPLAINT REVIEW BOARD DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To facilitate investigations conducted by the Civilian Complaint Review Board; to protect the rights of members of the service who are the subject of Civilian Complaint Review Board investigations and witnesses to incidents under investigation by the Civilian Complaint Review Board; and to process Department records requested by the Civilian Complaint Review Board. PROCEDURE Whenever a member of the service (uniformed or civilian) has been directed to appear before the Civilian Complaint Review Board and/or respond to a Civilian Complaint Review Board request for Department records. APPEARANCE CONTROL UNIT 1. Notify member of the service to appear at the Civilian Complaint Review Board. MEMBER OF THE SERVICE 2. Appear at Civilian Complaint Review Board, as directed. a. Bring ACTIVITY LOG (PD112-145) that corresponds to the date of incident. NOTE Members of the service who are questioned about incidents being investigated by the Civilian Complaint Review Board shall fully cooperate in the investigation. When interviewed by a Civilian Complaint Review Board investigator, or when appearing at the Civilian Complaint Review Board as the subject of a complaint or a witness to an incident in connection with an official Civilian Complaint Review Board investigation, all pertinent information, facts and observations shall be reported. All questions posed by the Civilian Complaint Review Board investigator, Board panel, or Board member in accordance with Civilian Complaint Review Board rules and regulations for the conduct of interviews shall be answered fully and truthfully. Failure to do so shall be grounds for disciplinary action. UPON NOTIFICATION THAT A MEMBER OF THE SERVICE HAS REFUSED TO ANSWER QUESTIONS DURING A CIVILIAN COMPLAINT REVIEW BOARD INTERVIEW OR PROCEEDING: SUPERVISORY/ 3. RANKING 4. OFFICER CONCERNED 5. 6. 7. Determine if Civilian Complaint Review Board is requesting that member of the service be directed by the supervisory/ranking officer to answer questions. Ascertain if member of the service has been notified by the Civilian Complaint Review Board that answers given in an interview or proceeding may not be used against the member in a later criminal action. Advise member of the service that refusal to cooperate with the Civilian Complaint Review Board will result in immediate suspension and preparation of disciplinary charges. Direct member of the service to answer questions posed by the Civilian Complaint Review Board. Suspend member if member of the service refuses to answer questions. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-14 REVISION NUMBER: PAGE: 08/01/13 2 of 3 DEPARTMENT RECORDS REQUEST: I.A.B. MGMT. RESOURCES SECTION, CCRB LIAISON 8. COMMANDING 9. OFFICER Forward a REQUEST FOR RECORDS AND/OR INFORMATION REGARDING CCRB CASE (PD149-164) to commands concerned. Designate a member of the service to photocopy all pertinent documents. NOTE Under no circumstances will a command reproduce documents from a request received directly from the Civilian Complaint Review Board. All such requests, whether verbal or written, will be referred to the Management Resources Section, Civilian Complaint Review Board Liaison. In addition, under no circumstances will original Department records be removed from a Department facility to comply with documentation requests from the Civilian Complaint Review Board. Only photocopies will be made and forwarded in this regard. MEMBER OF THE SERVICE 10. NOTE Upon receipt, the Civilian Complaint Review Board Liaison will review all documents submitted by commands concerned to ensure that the request has been satisfied. Thereafter, the Internal Affairs Bureau will forward all pertinent documents to the requesting Civilian Complaint Review Board investigator. ADDITIONAL DATA The following Department records may not be released to the Civilian Complaint Review Board: a. Records concerning a case that has been sealed pursuant to Criminal Procedure Law 160.50. b. Records of sex crimes per Civil Rights Law 50-b. c. Psychiatric records (without patient consent). d. Alcohol counseling records (without patient consent). e. Medical records (without patient consent). f. P.G. 206-13, “Interrogation of Members of the Service” interviews (without permission of Deputy Commissioner - Legal Matters). g. Personnel records of police officers as per Civil Rights Law 50-a. h. Juvenile records as per Family Court Act 381.3. Forward completed request and documents via Department mail within ten days of receipt to: a. Internal Affairs Bureau, Management Resources Section, CCRB Liaison, 315 Hudson Street, New York, New York 10013. The Civilian Complaint Review Board Liaison will confer with the Document Production Unit, Legal Bureau, whenever questions arise pertaining to Civilian Complaint Review Board access to sensitive or confidential records. Exceptions to the general rule of nondisclosure may be made with the necessary approval of the Legal Bureau. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 211-14 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 Subpoenas for records received directly from the Civilian Complaint Review Board will be accepted and a telephone notification will be made to the Civilian Complaint Review Board Liaison, (212) 741-8409 or 8448. If there is no response, the Internal Affairs Bureau Command Center will be notified, at (212) 741-8401. The subpoena will then be hand delivered to the Civilian Complaint Review Board Liaison in a sealed envelope without delay. When records being requested are not available at the command, the specific reason why the request cannot be satisfied must be indicated on Line 16 of the REQUEST FOR RECORDS form. For example, if a particular COMPLAINT REPORT is requested in connection with an incident, and a comprehensive review of command records indicates that no such report was prepared, the assigned member will indicate “Complaint Report not prepared” on the REQUEST form. Similarly, if a document is lost or missing, this finding will likewise be indicated on the form. Generic terms, such as “unable to locate” or “not available” will not be accepted. If a document has been forwarded or is located in another command, this information must be included on the form. The Civilian Complaint Review Board Liaison will redirect all such requests to the appropriate command. RELATED PROCEDURE Interrogation of Members of the Service (P.G. 206-13) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT(PD313-152) REQUEST FOR RECORDS AND/OR INFORMATION REGARDING CCRB CASE (PD149-164) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-15 PROCESSING SUBPOENAS FOR POLICE DEPARTMENT RECORDS AND FOR TESTIMONY BY MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 10 PURPOSE To ensure proper compliance by the Police Department and its members with lawful court mandates and subpoenas requiring attendance at court or production of Department records in response thereto. SCOPE It is the official policy of this Department that the unit that is the repository of a given Department record has the responsibility to respond in a prompt fashion to a subpoena demanding the record’s production. A command will not forward a subpoena to the Legal Bureau, the Central Records Division or to other units within the Department when record(s) requested is/are present in the subpoenaed command. DEFINITIONS SUBPOENA - A generic term used in the law to refer to any legal device that compels the appearance of a person at a specific time and place, usually to give testimony in a judicial proceeding, or compels the production of certain documents or items of evidence. A subpoena that compels a person to appear and give testimony is known as a subpoena ad testificandum. A subpoena that compels the production of documents or evidence is known as a subpoena duces tecum. COMMAND LIAISON OFFICER - Every commanding officer/counterpart within the Department is designated as the command liaison officer who is responsible for the full implementation of and compliance with this procedure. While commanding officers/counterparts may delegate the tasks associated with this procedure to subordinates, they are responsible for their command’s compliance with this procedure. SUBPOENA RECORD BOOK - A permanent bound record book maintained by each command (including commands located within a precinct stationhouse, transit district, police service area, or other Department facility) with the following captions contained therein: a. Number (serialized, beginning with 001 each year) b. Date and time received c. Type of subpoena (e.g., duces tecum or ad testificandum) d. Name of member concerned e. Brief description of records requested f. Return date g. Issuing court h. Title of case (e.g., Smith vs. Jones, People vs. Smith) i. Party issuing subpoena (e.g., plaintiff, defendant, District Attorney or judge) j. Fee receipt issued (indicate “No fee or receipt number) k. Date records forwarded l. Date court receipt received. COMMAND SUBPOENA FILE - A file in which photocopies of subpoenas and requests for Department records by assistant district attorneys and assistant corporation counsels are filed chronologically, by year, pursuant to this procedure. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-15 REVISION NUMBER: PAGE: 08/01/13 2 of 10 DEFINITIONS (continued) DOCUMENT PRODUCTION UNIT - A sub-unit of the Legal Bureau charged with the responsibility to ensure that all lawful requests for Department records by courts, prosecutors, government agencies, and private citizens are complied with in a timely fashion. The Document Production Unit also processes all requests under the Freedom of Information Law that are received by the Department. The Document Production Unit is located at One Police Plaza, Room 110-C, New York, NY 10038. NOTE Under no circumstances will a subpoena or subpoena duces tecum served or received at a command be forwarded to the Document Production Unit without the express permission of the Supervisor, Document Production Unit. PROCEDURE Upon receiving a subpoena that only requires personal appearance by a specific member of the service to appear in court or otherwise give testimony in a legal proceeding: COMMAND LIAISON OFFICER 1. 2. 3. 4. 5. 6. 7. NOTE Record receipt of subpoena in the Subpoena Record Book, ensuring that all applicable captions are completed. Issue FEE RECEIPT (PD122-017) in accordance with P.G. 212-82, “Forwarding of Fees to the Audits and Accounts Unit,” if a fee is tendered with the subpoena. Photocopy subpoena and deliver ORIGINAL to member of the service concerned. a. Note Command Serial Number, Fee Receipt number (if applicable), date, and time of delivery to member concerned on reverse side of photocopy. Member of the service concerned will sign photocopy, indicating receipt of subpoena. Direct member of the service to comply with subpoena. File photocopy of subpoena in Command Subpoena File. Notify roll call clerk and ensure that entry is made in Command Diary. a. Comply with appropriate procedures concerning notifications to Appearance Control Unit. Ensure that member of the service concerned has appeared in court, or otherwise, as required by subpoena. If a subpoena is received for a member of the service that also requires that the member concerned produce documents or evidence, other than an ACTIVITY LOG (PD112-145), and the subpoena has not been marked as “SO ORDERED” by a judge, the member of the service concerned will comply with the subpoena only in so far as it relates to making the required appearance. Department records or evidence will not be produced. If the subpoena is “so-ordered,” the named member will bring the required documents (see ADDITIONAL DATA for further explanation). Members receiving a subpoena ad testificandum that requires an appearance to give testimony at other than a trial proceeding are advised that they are not to answer any question without first consulting with the assistant corporation counsel or assistant district attorney assigned to the case. If there is no assistant corporation counsel/assistant district attorney assigned to the particular case, or if the member of the service is unsure regarding such assignment, the Document Production Unit will be consulted. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-15 REVISION NUMBER: PAGE: 08/01/13 3 of 10 UPON RECEIVING A SUBPOENA DUCES TECUM THAT REQUIRES THE PRODUCTION OF DOCUMENTS ONLY AND DOES NOT REQUIRE A SPECIFIC MEMBER OF THE SERVICE TO ATTEND AND PRODUCE SUCH DOCUMENTS: COMMAND LIAISON OFFICER 8. 9. 10. NOTE Ensure that subpoena duces tecum has been endorsed by judge as “so-ordered.” a. If subpoena duces tecum is not “so-ordered,” make all required subpoena record book entries and indicate in caption marked “Date of Compliance” the fact that the subpoena was not so-ordered. File copy of subpoena in rear of Command Subpoena File. b. If the name and telephone number of the issuing attorney is available, contact the attorney and advise that unless the subpoena is “soordered,” it will not be complied with. No further action is required. Complete all applicable captions in Subpoena Record Book. Gather photocopies of all documents requested in subpoena that are maintained at the command (including ACTIVITY LOG entries of members of the service concerned, if applicable). Certain Department records that are subject to subpoena such as a Command Log or member’s ACTIVITY LOG may also contain information that is unrelated to the facts and circumstances of the case for which the subpoena was issued. In such a case, unrelated information should be “redacted” (blocked out or deleted in any other suitable fashion that ensures that the unrelated information cannot be discerned by the party issuing the subpoena) from the copy forwarded in compliance with the subpoena. No redactions will be made to any material forwarded to the Legal Bureau, Corporation Counsel or District Attorney. Additionally, prior to forwarding copies of any Departmental records to anyone outside the Police Department other than an assistant district attorney, assistant corporation counsel or other law enforcement agency, the name, addresses, and telephone number, and any other data that identifies a victim or witness will be redacted. Immediate telephone notification to the Document Production Unit is to be made if any command receives a subpoena ad testificandum or a subpoena duces tecum for the following Department records: a. Confidential records, such as personnel folders, or documents relating to confidential investigations; b. Records relating to cases that have been the subject of notoriety or publicity; c. Records relating to sensitive or unusual cases and corruption cases. Such telephone notification will also be made if there is any doubt as to whether subpoenaed records should be released. The telephone notification is to be recorded in the Telephone Record. Instructions received from the Document Production Unit will be strictly complied with. While requests for records received from an assistant corporation counsel or an assistant district attorney do not require a subpoena, if the material requested is confidential or sensitive as outlined in step a, b or c above, a telephone notification to the Document Production Unit is required. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-15 REVISION NUMBER: PAGE: 08/01/13 4 of 10 COMMAND LIAISON OFFICER (continued) 11. NOTE The command liaison officer may delegate the authority to prepare and sign a CERTIFICATION to properly trained members within the command. 12. 13. NOTE Prepare RECEIPT FOR SUBPOENAED DEPARTMENT RECORDS on OFFICIAL LETTERHEAD (PD158-151) (see Appendix “D”). Forward copies of records, copy of subpoena, certification, and receipt to appropriate clerk of court via U.S. Mail or Department mail, where appropriate. a. Indicate on outside of envelope that envelope contains records requested via subpoena. b. Include index, calendar, docket or indictment number as available. Under no circumstances will records be forwarded directly to an attorney (other than an assistant district attorney or assistant corporation counsel) without prior consultation with the Document Production Unit. 14. ADDITIONAL DATA Prepare and sign “Certification” on OFFICIAL LETTERHEAD (PD158-151). a. If photocopies contain any redactions, use sample Certification letter Number 1 (see Appendix “A”). b. If photocopies DO NOT contain any redactions, use sample Certification letter number 2 (see Appendix “B”). c. If, after a search for records requested by subpoena, it is discovered that the records requested DO NOT exist either at the command receiving the subpoena or at any other command/unit within the Department, use Certification letter number 3 (see Appendix “C”). Upon receiving receipt acknowledging receipt of records by clerk of court: a. Attach receipt to copy of subpoena filed in Command Subpoena File. b. Make note in Subpoena Record Book under caption entitled “Date Court Receipt Received” that receipt from Clerk of Court has been received. TYPES OF SUBPOENAS: Any subpoena, which, by its terms, requires the production of documents or evidence, is a subpoena duces tecum. Under the relevant statutes of this state, a subpoena duces tecum directed to a subdivision of a municipal government, such as the Police Department, must be “so ordered” by a judge. “So ordered” means that the attorney who desires the documents to be produced has obtained judicial approval for the subpoena duces tecum in question. If the judge determines that the attorney has a genuine need for the requested material, the judge will indicate this fact by signing or initialing the subpoena duces tecum at a caption entitled “so-ordered”. PHOTOCOPYING RECORDS: Under no circumstances will original Department records be removed from any Department facility without the prior approval of a Department attorney or the commanding officer. Photocopies ONLY will be forwarded. The Document Production Unit will be notified and consulted whenever court process compels production of original copies of Department records. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 211-15 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 10 DISTRICT ATTORNEY/CORPORATION COUNSEL REQUESTS: Assistant district attorneys and assistant corporation counsels are NOT required to issue a subpoena for the production of Police Department records. Accordingly, no member of the service will require or request that a subpoena for records be served by them. Such document requests will be handled in accordance with P.G. 211-18, “Processing Requests For Police Department Documents Received From Assistant Corporation Counsels And Assistant District Attorneys.” RECORDS UNAVAILABLE AT RECEIVING COMMAND: If a subpoena is received for records that are not available at the command receiving the subpoena, the subpoena will be forwarded to the command having custody of the record. If the subpoena calls for the production of more than one item, and the receiving command does not have custody of all items requested, the receiving command will comply with that portion of the subpoena for which the command possesses records. A photocopy of the subpoena will be forwarded to the command having custody of the other items requested with a report detailing which portions of the subpoena will be complied with by the original receiving command. TRANSFERRED MEMBERS: A process server who appears at a command to serve a subpoena directed to a member of the service who has been transferred from the command will be advised of the member’s new command and directed to make service at the member’s new command. If the member concerned has retired, the process server will be informed of this fact and service will not be accepted. If a subpoena is received by other than personal delivery, the subpoena will be forwarded to the member’s current command. If a subpoena is received by other than personal delivery and the member has retired, the attorney issuing the subpoena will be contacted and informed of such fact. SUBPOENAS THAT CONCERN PERSONAL MATTERS: Circumstances may arise where a member of the service receives a subpoena in his/her capacity as a private individual. This situation frequently arises in the context of civil litigation where the member concerned is involved as a party or as a witness to events, which occurred while off duty. In such a circumstance, a subpoena may be served upon such a member at his/her command and service will be accepted. If service is accepted by someone other than the party named in the subpoena, such as the desk officer, the party that accepts service must ensure that the subpoena is actually received by the named party. In such a circumstance, the fee tendered (if any) will be given to the member concerned along with the subpoena. No further processing of the subpoena is required. If a member is required to attend court in response to such a subpoena arising out of his/her private affairs, such appearance will be made on the member’s off-duty time. Any questions regarding the applicability of this note may be directed to the Document Production Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 211-15 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 10 ADDITIONAL DATA (continued) NOTIFICATIONS IN UNUSUAL CASES: a. A member of the service who is to appear as a witness for a defendant in a criminal case, or for the plaintiff in a case where the City of New York is a DEFENDANT, shall notify the assistant district attorney or assistant corporation counsel of such fact prior to the start of the hearing or trial. b. If a member of the service receives a subpoena or other type of notification to appear and testify at a parole revocation hearing, the member concerned will notify the District Attorney's Office of the appropriate county of such fact. Notification to the District Attorney concerned will be noted in the command diary under the date of the scheduled hearing. RELATED PROCEDURES Subpoena Fees and Accounting Procedures (P.G. 212-79) Subpoenas Issued by Courts Outside New York City (P.G. 211-16) Processing Legal Bureau Requests for Department Records Including Requests Under the Freedom of Information Law (P.G. 211-17) Processing Request for Police Department Documents Received from Assistant District Attorneys and Assistant Corporation Counsels (P.G. 211-18) FORMS AND REPORTS ACTIVITY LOG (PD112-145) FEE RECEIPT (PD122-017) OFFICIAL LETTERHEAD (PD158-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-15 REVISION NUMBER: PAGE: 08/01/13 7 of 10 APPENDIX “A” CERTIFICATION DATE: ___________________________ CASE OF: ____________________ versus INDEX # _________________________ DOCKET # _______________________ ____________________ STATE OF NEW YORK COUNTY OF _______________ This is to certify that the enclosed photocopies of: (List records being forwarded e.g., Complaint Report No., 12345-91 124 Precinct, Activity Log of PO Smith for 01/01/91, etc.) are true and complete copies, WITH REDACTIONS, of a record in the custody of the (enter command) of the Police Department of the City of New York. ________________ Rank ______________________________ Signature _____________________ Command ______________________________ Name Printed NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-15 REVISION NUMBER: PAGE: 08/01/13 8 of 10 APPENDIX “B” CERTIFICATION DATE: ___________________________ CASE OF: ____________________ versus INDEX # _________________________ DOCKET # _______________________ ____________________ STATE OF NEW YORK COUNTY OF _______________ This is to certify that the enclosed photocopies of: (List records being forwarded e.g., Complaint Report No., 12345-91 124 Precinct, Activity Log of PO Smith for 01/01/91, etc.) are true and complete copies in the custody of the (enter command) of the Police Department of the City of New York. ________________ Rank ______________________________ Signature _____________________ Command ______________________________ Name Printed NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-15 REVISION NUMBER: PAGE: 08/01/13 9 of 10 APPENDIX “C” CERTIFICATION DATE: ___________________________ CASE OF: ____________________ versus INDEX # _________________________ DOCKET # _______________________ ____________________ STATE OF NEW YORK COUNTY OF _______________ This is to certify that in response to the attached subpoena, issued in the above referenced action, the undersigned has conducted a search of New York City Police Department records and it has been determined that there are no documents within the custody, possession or control of the Police Department which are responsive to the subpoena. ________________ Rank ______________________________ Signature _____________________ Command ______________________________ Name Printed NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-15 REVISION NUMBER: PAGE: 08/01/13 10 of 10 APPENDIX “D” RECEIPT FOR SUBPOENAED DEPARTMENT RECORDS DATE: ___________________________ Clerk of Court Part _______ Room _______ Address of Courthouse City, State, Zip Code Dear Sir: Enclosed please find copies of New York City Police Department records which have been subpoenaed in the case of _____________________________________________________________ Name of Case which bears Index # _______________________ and Calendar # __________________ and Indictment # _______________. Please endorse this form to indicate that the Court has received the records subpoenaed and forward the endorsed form to: Unit/Command Address City, State, Zip Code Attn.: Subpoena Officer Thank you for your attention to this matter. Very truly yours, _______________________________________ Rank Name Command NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-16 SUBPOENAS ISSUED BY COURTS OUTSIDE NEW YORK CITY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To determine whether a subpoena issued by a court located outside of New York City requires a response by the Police Department and, if a response is required, the nature and extent of such response. SCOPE The Police Department is frequently served with subpoenas issued by courts located outside of New York City. Such subpoenas present special problems relating to the nature of response required by this Department. While subpoenas issued by courts located within New York City are valid and must be complied with in accordance with the terms of the subpoena and in the manner set forth in the applicable Department Manual procedures, subpoenas issued by courts outside of New York City require special handling and are subject to different rules regarding compliance. PROCEDURE Upon receipt of a subpoena issued by other than a court located within New York City: MEMBER OF THE SERVICE 1. COMMAND LIAISON OFFICER 2. Issue FEE RECEIPT (PD122-017) in accordance with P.G. 212-79, “Subpoena Fees and Accounting Procedures.” Forward subpoena to command liaison officer. 3. 4. Complete all entries in Subpoena Record Book. Determine the response required by utilizing the following guidelines: SUBPOENA ISSUED BY A NEW YORK STATE COURT: COMMAND LIAISON OFFICER a. b. When no personal appearance is required by a member of the service: (1) Such a subpoena will be complied with in accordance with P.G. 21115, “Processing Subpoenas for Police Department Records and Testimony by Members of the Service.” When a personal appearance is required by a member of the service: (1) The Legal Bureau - Document Production Unit should be consulted. (a) Instructions received from the Document Production Unit will be complied with. (b) Comply with P.G. 212-83, “Leaving City on Police Business.” SUBPOENA ISSUED BY FEDERAL COURTS: COMMAND LIAISON OFFICER a. CRIMINAL CASES - Valid from any Federal Court in the United States. Subpoena will be complied with in accordance with P.G. 211-15, “Processing Subpoenas for Police Department Records and Testimony by Members of the Service”, if DOCUMENTS ONLY are required. If an appearance by a member of the service is required, the Document Production Unit will be notified and in addition to any directions received from the Document Production Unit, the member of the service who is the subject of the subpoena will prepare a report, on Typed Letterhead, in duplicate, addressed to the Police Commissioner, including the following information: 1. Name and location of court 2. Type of proceeding 3. Name of person concerned NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-16 REVISION NUMBER: PAGE: 08/01/13 2 of 2 4. 5. COMMAND LIAISON OFFICER (continued) b. Date of receipt of subpoena Reason Police Commissioner was not notified prior to testimony, if applicable. 6. Forward REPORT as follows: (a) Original to Police Commissioner, direct (b) Duplicate to Police Commissioner, through channels. CIVIL CASES - VALID ONLY WHEN: 1. Served within the district where the court sits, OR 2. Served within one hundred miles of the place of hearing or trial specified in the subpoena, OR 3. Issued by a Federal Court located within New York State and served within New York State, OR 4. The subpoena is endorsed by the judge authorizing the extraordinary service and served in conformance with the endorsement. SUBPOENA ISSUED BY COURTS OF OTHER STATES: COMMAND LIAISON OFFICER a. CRIMINAL OR CIVIL CASES - NOT VALID: 1. Such subpoenas have no force and effect in the State of New York UNLESS the subpoena has been presented to a New York State judge and endorsed by the New York State judge for service in New York. NOTE While the Department has no legal obligation to respond to these subpoenas unless they are endorsed by a New York State judge, the Department should make every reasonable effort to assist law enforcement agencies from other jurisdictions. For example, Department personnel may provide testimony that will be helpful to a criminal prosecution outside the City of New York. Permission to appear and give such testimony must be obtained through channels, and all relevant Department procedures regarding leaving the city on official business must be complied with. Any time a subpoena is received which requires a member of the service to appear at a hearing or other judicial proceeding outside the City of New York, the member is required to comply with P.G. 212-83, “Leaving City On Police Business.” In addition, if the member is required to appear in court outside of the City, prepare and forward the REPORT to the Police Commissioner, as outlined above under “CRIMINAL CASES”. ADDITIONAL DATA Any time a member has a question concerning the validity of a subpoena, the Legal Bureau - Document Production Unit will be consulted. RELATED PROCEDURES Processing Subpoenas for Police Department Records and for Testimony by Members of the Service (P.G. 211-15) Subpoena Fees and Accounting Procedures (P.G. 212-79) Processing Legal Bureau Requests for Department Records Including Requests Under the Freedom of Information Law (P.G. 211-17) Processing Request for Police Department Documents Received From Assistant District Attorneys and Assistant Corporation Counsels (P.G. 211-18) Leaving City on Police Business (P.G. 212-83) FORMS AND REPORTS FEE RECEIPT (PD122-017) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-17 PROCESSING LEGAL BUREAU REQUESTS FOR DEPARTMENT RECORDS INCLUDING REQUESTS UNDER THE FREEDOM OF INFORMATION LAW DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To ensure prompt, efficient response by the Department to lawful subpoenas and requests for Department records made by prosecutors, government agencies and private citizens, including requests made under the Freedom of Information Law (F.O.I.L.). SCOPE The Department is required by law to comply with statutes such as F.O.I.L. and court orders, including subpoenas, which command the production of certain documents in its custody. The Legal Bureau’s Document Production Unit will assist individual commanding officers/counterparts in fulfilling their responsibility to comply with subpoenas, government requests and lawful demands made by private citizens under the Freedom of Information Law (F.O.I.L.). DEFINITIONS FREEDOM OF INFORMATION LAW - The New York State Freedom of Information Law (F.O.I.L.) contained in Section 87 of the Public Officers Law, provides that all records kept by a government agency are presumed to be available for public inspection and/or copying. Exemptions from this public access requirement are very narrowly drawn and are only available when substantial confidentiality interests of law enforcement can be demonstrated. DOCUMENT PRODUCTION UNIT - A sub-unit of the Legal Bureau charged with the responsibility to ensure that all lawful requests for Department records by courts, prosecutors, government agencies and private citizens are complied with in a timely fashion. The Document Production Unit also processes all requests under the Freedom of Information Law that are received by the Department. The Document Production Unit is located at One Police Plaza, Room 110C, New York, NY 10038. F.O.I.L. RECORDS ACCESS OFFICER - The F.O.I.L. Records Access Officer is the supervisor in charge of the Document Production Unit of the Legal Bureau, or his designee. Any command receiving a F.O.I.L. request shall immediately forward it to the Records Access Officer and notify the requesting party of this action and the location of the Records Access Officer. F.O.I.L. APPEALS OFFICER - The F.O.I.L. Appeals Officer is the Deputy Commissioner, Legal Matters or designee. COMMAND LIAISON OFFICER - Every commanding officer/counterpart within the Department is designated as the official Liaison Officer for the purpose of tracking and expediting requests for records by the Document Production Unit of the Legal Bureau. While commanding officers/counterparts may delegate the gathering of these records to subordinates, they will be responsible for their commands’ compliance with all requests from the Document Production Unit. NOTE Subpoenas served directly at individual commands will not be forwarded to the Document Production Unit without the permission of the Supervisor, Document Production Unit. Such subpoenas are handled in accordance with P.G. 211-15, "Processing Subpoenas for Police Department Records and for Testimony by Members of the Service.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-17 REVISION NUMBER: PAGE: 08/01/13 2 of 3 PROCEDURE Upon receiving a subpoena, a F.O.I.L. request or other demand for Department records: SUPERVISOR, DOCUMENT PROD. UNIT 1. 2. 3. Record receipt of subpoena, F.O.I.L. request or other demand for records. Examine request and determine whether it must be complied with under applicable provisions of law and/or Department policy. Assign a staff member to process the request. NOTE The Supervisor, Document Production Unit, will make every effort to screen and/or narrow unnecessary or unduly burdensome requests for Department records. DOCUMENT PROD. UNIT STAFF MEMBER 4. NOTE Certain document requests require an expeditious response, such as F.O.I.L. requests, which require a response from the F.O.I.L. Records Access Officer within ten days of initial receipt by the Police Department. Subpoenas and court orders frequently require immediate production in court of the records concerned. LIAISON OFFICER, COMMAND CONCERNED 6. NOTE While commanding officers/counterparts may delegate the gathering of these records to subordinates, the commanding officers/counterparts are responsible for their commands’ compliance with all requests from the Document Production Unit. 5. 7. 8. NOTE Prepare and forward specific request for Department records to Liaison Officer, command concerned. Set forth time limits within which the Document Production Unit must receive a response from the command concerned. Record receipt of request for Department records from the Document Production Unit. Gather and photocopy documents requested. Forward photocopies in compliance with request within time limits given by Document Production Unit. Under no circumstances will original records be forwarded to the Document Production Unit without the permission of the Supervisor, Document Production Unit. 9. If unable to comply within the time limit set by the Document Production Unit: a. Make immediate telephone notification to the Document Production Unit staff member assigned to the case b. Forward report to Supervisor, Document Production Unit, within stated time limit indicating: (1) Date records will be forwarded; and (2) Reason for delay. c. Forward records in partial compliance with request if so directed by Document Production Unit d. Forward completed photocopies of all records requested as soon as they are available. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-17 REVISION NUMBER: PAGE: 08/01/13 3 of 3 LIAISON OFFICER, COMMAND CONCERNED (continued) 10. Prepare a report explaining the status of the records and forward to the Supervisor, Document Production Unit, if the records requested by the Document Production Unit have been lost, destroyed or are otherwise unavailable. SUPERVISOR, DOCUMENT PROD. UNIT 11. Forward documents in compliance with court order, F.O.I.L request or Department policy, as appropriate. ADDITIONAL DATA All photocopies forwarded in compliance with the above procedure must be complete, clear, legible and without alteration. Where commanding officers/counterparts have concerns about protecting the confidentiality of information contained in these documents, they must forward an accompanying report to the Supervisor, Document Production Unit, setting forth the basis for these concerns. The Supervisor, Document Production Unit, is charged with the responsibility to prevent release of confidential information contained in Department records whenever possible under law. FREEDOM OF INFORMATION LAW (F.O.I.L.) Any individual denied access to a record by the Record Access Officer has the right to appeal, within thirty days, to this agency’s Appeals Officer, the Deputy Commissioner, Legal Matters, or designee. The Records Access Officer will provide the requesting individual with specific information needed to make such an appeal. Members of the public should not be advised that they will obtain the records sought, since the Freedom of Information Law allows agencies to deny disclosure under certain conditions. All inquiries regarding this law will be referred to the Records Access Officer located at One Police Plaza, Room 110C, New York, NY 10038. Except as otherwise provided, the fee shall be twenty-five cents a page for photocopying. RELATED PROCEDURES Processing Subpoenas for Police Department Records and for Testimony by Members of the Service (P.G. 211-15) Subpoena Fees and Accounting Procedures (P.G. 212-79) Subpoenas Issued by Courts Outside New York City (P.G. 211-16) Processing Request for Police Department Documents Received From Assistant District Attorneys and Assistant Corporation Counsels (P.G. 211-18) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-18 PROCESSING REQUEST FOR POLICE DEPARTMENT DOCUMENTS RECEIVED FROM ASSISTANT DISTRICT ATTORNEYS AND ASSISTANT CORPORATION COUNSELS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure prompt and complete compliance with requests made by assistant district attorneys and assistant corporation counsels for any records or reports compiled by the Police Department concerning a case in litigation or being prepared for litigation. SCOPE In order to effectively prepare and maintain a criminal case, the prosecutor is required by law to have access to all reports, notes, memoranda, test results, or any forms prepared by law enforcement officers in connection with the facts and circumstances that form the basis of the prosecution. Certain forms and/or reports prepared by law enforcement officers are required by the rules of Criminal Procedure and Case Law to be turned over to the defense at certain points in the course of the prosecution. The failure to turn over such reports, in a case that has proceeded to trial and resulted in a guilty verdict, will result in a reversal of the conviction. This is true even in cases where the prosecutor was not aware of the existence of the report. Courts have held that the possession of such reports by the Police Department is the equivalent of possession by the prosecutor, and therefore, that the failure to turn over the reports possessed by the Police Department must result in a reversal of any conviction obtained. Therefore, it is imperative that any member of the service who is involved in the prosecution of a criminal action inform the assistant district attorney (or the assistant corporation counsel prosecuting a juvenile in Family Court) of all reports or notes made in connection with the case no matter how insignificant the member feels the notes or memoranda might be. NOTE Members of the service are advised that a request for records received from an assistant district attorney or assistant corporation counsel does not require an accompanying subpoena. All such requests for records from an assistant district attorney or assistant corporation counsel shall be complied with as expeditiously as possible. Such requests should be on District Attorney’s Office or Corporation Counsel letterhead (or other form supplied by District Attorney’s Office or Corporation Counsel’s Office) and should include the following information: a. Name of Case b. Name and telephone number of requesting attorney c. Date of arrest d. Precinct of arrest e. Name of arresting officer; and f. Docket number assigned to case. PROCEDURE Upon receiving a request by an assistant district attorney or assistant corporation counsel to provide copies of Department forms, records, reports, or memoranda: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-18 MEMBER OF THE SERVICE RECEIVING REQUEST PAGE: 08/01/13 1. 2. NOTE REVISION NUMBER: 2 of 2 Record receipt of request in Subpoena Record Book completing all appropriate captions therein. a. Under caption entitled, “TYPE OF SUBPOENA” enter “D.A. Request” or “Corporation Counsel Request”, as applicable. b. Under caption entitled “ISSUING COURT” enter the D.A.’s Office or Corporation Counsel Unit concerned (e.g., N.Y. CO. D.A., etc.). File copy of request in Command Subpoena File. If a member of the service receiving a request has any doubts regarding the propriety of complying with the request, the Legal Bureau - Document Production Unit may be consulted by telephone. 3. 4. 5. Forward request to appropriate unit within the Department if requested material is not available at receiving command. a. Attach report if partial compliance with request is made by receiving command. Indicate in report what action has been taken by receiving command and which portion of request requires action by command to which request is forwarded. Obtain photocopies of all Department forms or records requested that are available at receiving command. a. If records requested are of a type only available to a particular member of the service, such as ACTIVITY LOG (PD 112-145) entries or scrap paper notes, the member of the service receiving request will ensure that request is forwarded to appropriate member. The member who has possession of the requested material will comply with this procedure. Forward photocopies of records requested to assistant district attorney or assistant corporation counsel without delay. NOTE In cases where a summary arrest has been effected, the arresting/assigned officer will make all reasonable efforts to secure photocopies of all Department forms and reports prepared, and all personal notes or scrap-paper notes and will make such copies available to the assistant district attorney or assistant corporation counsel concerned at the complaint room. For arrests processed through Queens or Brooklyn C.A.P.S. Program, or in cases where a DESK APPEARANCE TICKET (PD260-121) has been issued, the arresting/assigned officer will include such photocopies in the arrest package forwarded to court. RELATED PROCEDURES Processing Subpoenas for Police Department Records and for Testimony by Members of the Service (P.G. 211-15) Subpoena Fees and Accounting Procedures (P.G. 212-79) Subpoenas Issued by Courts Outside New York City (P.G. 211-16) Processing Legal Bureau Requests for Department Records Including Requests Under the Freedom of Information Law (P.G. 211-17) FORMS AND REPORTS ACTIVITY LOG (PD 112-145) DESK APPEARANCE TICKET (PD260-121) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-19 NEW YORK CITY TRANSIT LAW TORTS “QUICK RESPONSE” UNIT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To establish guidelines for a cooperative transfer of information from members of the service (uniformed/civilian) to members of the New York City (NYC) Transit Law Torts Division “Quick Response” Unit at a precinct/district or at the scene of certain incidents. SCOPE To make members of the service aware that the Torts Division of the New York City Transit Law Department maintains a “Quick Response” investigatory unit. The mission of the “Quick Response” unit is to respond to selected incidents which may present significant exposure of the NYC Transit to a civil law suit. These are incidents which involve multiple injuries, serious injuries, death, or that may be the subject of significant media exposure that require quick and comprehensive fact finding. On occasion, uniformed members of the service will be requested to furnish information or copies of Department reports relative to these incidents, to members of the “Quick Response” investigatory unit at the scene of an incident or at a precinct/district. DEFINITION RESTRICTED MATERIAL - Documents or information that are the subject of a criminal investigation, internal disciplinary matter, or are otherwise prohibited by current orders or law may not be disclosed. PROCEDURE When information is requested by a member of the NYC Transit Law Torts Division “Quick Response” Unit: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Investigators working for the Torts Division must possess and display a NYC Transit employee pass and a separate law department investigator identification card. This I.D. card is blue and displays the employees photograph on the reverse side. Further verification of the investigators identity may be obtained by calling the Law Department Management Personnel. Request identification and verify the identity of the individual. 2. Refer or direct investigator to the precinct/district of occurrence, after the identity of the investigator has been verified. 3. PRECINCT/ DISTRICT DESK OFFICER Make a Command Log entry indicating the identity of the investigator. a. Indicate what photostatic copies or information was given to the investigator. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-19 REVISION NUMBER: PAGE: 08/01/13 4. PRECINCT/ DISTRICT DESK OFFICER (continued) 2 of 3 Provide the investigator with copies of any of the following reports provided their contents are not in conflict with the definition of RESTRICTED MATERIAL: a. AIDED REPORT WORKSHEET (PD304-152b) b. FIELD INVESTIGATION WORKSHEET (TP-67) c. PROPERTY CLERK INVOICE (PD521-141) d. MISSING-UNIDENTIFIED REPORT (PD336-151) e. COMPLAINT REPORT (PD313-152) f. UNUSUAL OCCURRENCE REPORT (PD370-152) g. EMERGENCY SERVICE REPORT (PD304-151). NOTE For further reports or documents prepared in the normal course of an incident investigation see P.G. 211-18, “Processing Request for Police Department Documents Received from Assistant District Attorneys and Assistant Corporation Counsels.” UNIFORMED MEMBER OF THE SERVICE 5. NOTE Interviews of uniformed members of the service are permissible upon approval of a supervisor provided that all Department provisions relative to the interview of uniformed members of the service are adhered to, and police operations are not interrupted. PATROL SUPERVISOR 6. Verify the identity of the investigator and record in ACTIVITY LOG (PD112-145). a. Obtain the scope of the questions to be asked of the member of the service and ensure they do not violate Department provisions or the definition of RESTRICTED MATERIAL. 7. TRANSIT BUREAU COMMUNICATIONS UNIT OPERATIONS DESK OFFICER Notify NYC Transit Law Department personnel of non-crime incidents resulting in serious injuries to members of the public, as soon as possible after the serious injury occurs. Notifications will be made in the following incidents: a. Death b. Amputation or crushed limb c. Fractured skull d. Severe bleeding e. Unconsciousness f. Admitted to hospital in critical condition g. Four or more persons injured h. Exposure to toxic substances i. Injury with media involvement. NOTE Refer investigator seeking to interview the involved uniformed member of the service to a supervisor for approval, prior to interview. During non-business hours photocopies of reports prepared in accordance with steps 4 and 7 above, will be maintained by the Operations Unit for notification to the New York City Transit Legal Department the following morning. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 211-19 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 ADDITIONAL DATA Notifications will be made to Manhattan, Brooklyn, and Bronx/Queens/Staten Island NYC Transit Law Department personnel, Monday through Friday (0600 - 2200 hours) and Saturday/Sunday (0800 - 2200 hours). RELATED PROCEDURE Processing Request for Police Department Documents Received from Assistant District Attorneys and Assistant Corporation Counsels (P.G. 211-18) FORMS AND REPORTS ACTIVITY LOG (PD112-145) FIELD INVESTIGATION WORKSHEET (TP-67) PROPERTY CLERK INVOICE (PD521-141) MISSING-UNIDENTIFIED PERSON REPORT (PD336-151) COMPLAINT REPORT (PD313-152) DUTY COMMANDERS REPORT SPECIAL REPORT (TP-68C) EMERGENCY SERVICE REPORT (PD304-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-20 CONFERRAL WITH DEPARTMENT ATTORNEY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide members of the service (uniformed and civilian) with formal legal advice in situations arising from the performance of duty. PROCEDURE When a member of the service (uniformed or civilian), requires formal legal advice, in the performance of duty, he will: UNIFORMED MEMBER OF THE SERVICE 1. Present facts to the supervisory officer. SUPERVISORY MEMBER 2. Determine whether conferral with a Department attorney is necessary and advise member accordingly. Direct member to contact Department attorney, when deemed necessary, between 0700 and 2300 hours, Monday through Friday, in person or by telephone. a. Contact commanding officer/duty captain for guidance and assistance in urgent cases during other than the above hours. 3. NOTE When absolutely necessary, a captain or above may contact the Deputy Commissioner, Legal Matters or the Commanding Officer, Legal Bureau, through the Operations Unit during other than the aforementioned hours. UNIFORMED MEMBER OF THE SERVICE 4. 5. Confer with Department attorney. Report results of conferral with Department attorney to supervisory officer. SUPERVISORY MEMBER 6. Have Command Log entry made to indicate conferral, including: a. Date and Time b. Name rank and command of member requesting opinion c. Name, rank and command of captain or above, if request made outside regularly specified hours d. Attorney’s name and civil service title e. Details of legal question f. Details of legal opinion g. Actions taken as a result of conferral. UNIFORMED MEMBER OF THE SERVICE 7. Comply with directions received from Department attorney. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 211-20 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 ADDITIONAL DATA After conferral with a Department attorney, if a member seeks or receives contrary advice from a supervisor or assistant district attorney, the member MUST inform the individual providing the contrary advice of such prior conferral. If a suggestion is then made to disregard or modify the advice of the Department attorney, the member or the supervisor concerned MUST notify the Department attorney of the circumstances, and MUST FOLLOW THE DEPARTMENT ATTORNEY’S ADVICE. Members of the service (uniformed and civilian) should be aware that in disregarding legal advice offered by Department attorneys, they may be subject to disciplinary action and civil liability. If a written request for legal opinions is required, prepare request on Typed Letterhead, signed by the commanding officer and forward through channels to the Legal Bureau. FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Court and Agency Appearances Procedure No: 211-21 OBTAINING ASSISTANCE OF CORPORATION COUNSEL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To ensure that legal representation is provided to a member of the service (uniformed or civilian) who is served with a summons and complaint or who otherwise becomes aware that he/she is a defendant in a civil lawsuit arising from an alleged act or omission that occurred in the performance of duty. Timeliness is essential to prepare a response. Failure to complete and forward REQUEST FOR LEGAL ASSISTANCE (PD411-160) in a timely manner may result in a default judgment being entered against the member named as a defendant. PROCEDURE When a member of the service is served with a summons and complaint or otherwise becomes aware that he/she is a defendant in a civil lawsuit: WHEN SUMMONS AND COMPLAINT IS PERSONALLY SERVED UPON A MEMBER OF THE SERVICE AT THEIR COMMAND DESK OFFICER/ SUPERVISOR AT COMMAND 1. NOTE Any summons and complaint served at a satellite location of an overhead command, will be accepted by that satellite command and processed as per this procedure. This includes, but is not limited to, a precinct detective squad, any Medical Division command, Warrant Division command or any other satellite location in which there are no police officer safety concerns. If there are any police officer safety concerns (i.e., narcotics, vice enforcement or other command with undercover officers assigned), refer the server and the summons and complaint to the overhead command. 2. 3. 4. NOTE Accept service of summons and complaint for a member assigned to the command. Make Command Log entry including date and time of service at command. Notify member concerned immediately. Deliver papers to member. a. Give papers to commanding officer, without delay, if member is unavailable (e.g., sick leave, vacation, etc.). If commanding officer is unavailable, give papers to executive officer. The executive officer will assume responsibility for completing the steps designated for the commanding officer. 5. NOTE Make Command Log entry including date and time member actually received summons and complaint. A summons and complaint WILL NOT be accepted from a process server for a member who is no longer assigned to the command on the date of service. The process server will be directed to the member’s new command. WHEN SUMMONS AND COMPLAINT IS SERVED BY MAIL UPON A MEMBER OF THE SERVICE AT THEIR COMMAND OPERATIONS COORDINATOR 6. Attach mailing envelope to the summons and complaint. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-21 REVISION NUMBER: PAGE: 08/01/13 2 of 4 OPERATIONS COORDINATOR (continued) 7. NOTE If commanding officer is unavailable, give papers to executive officer. The executive officer will assume responsibility for completing the steps designated for the commanding officer. 8. 9. 10. 11. Make Command Log entry indicating receipt via US Mail or other carrier. a. Include date and time of service at command. Notify member concerned immediately. Deliver papers to member. a. Give papers to commanding officer without delay if member is unavailable (e.g., sick leave, vacation, etc.). Make Command Log entry including date and time member actually received summons and complaint. Mail summons and complaint back to sender if member is no longer assigned to command or has retired. a. Forward a letter on OFFICIAL LETTERHEAD (PD158-151) to sender indicating member’s present command or retired status (see APPENDIX “A”). NOTE Service may be made in certain circumstances by sending two (2) copies of the summons and complaint along with an “Acknowledgement of Service” or “Waiver of Service” by mail to the member’s command. The operations coordinator will ensure to attach the mailing envelope to the summons and complaint. An “Acknowledgement of Service” or a “Waiver of Service” is a request by the plaintiff to avoid the cost of personal service. If the member wishes to waive personal service by signing the “Acknowledgement of Service” or “Waiver of Service,” a process server will not be sent to the member’s home or command. If the member does not agree to waive personal service, certain costs (e.g., plaintiff’s cost to have summons served, etc.) may be assessed against the member at a later date. If the member decides to sign the “Acknowledgement of Service” or “Waiver of Service,” a copy will be sent to the Legal Bureau with the envelope, summons and complaint, and REQUEST FOR LEGAL ASSISTANCE (PD411-160). Should the member of the service need further guidance, the Legal Bureau, Civil Section should be contacted. MEMBER CONCERNED 12. 13. 14. 15. MEMBER’S CURRENT COMMANDING OFFICER Prepare “Part A” of REQUEST FOR LEGAL ASSISTANCE (PD411160). Retain “PINK” copy and a copy of the summons and complaint for personal records. Deliver “BLUE” and “WHITE” copies of REQUEST FOR LEGAL ASSISTANCE with original summons and complaint (if served), and envelope (if served by mail), to current commanding officer immediately. Prepare “Part B” of REQUEST FOR LEGAL ASSISTANCE. a. Contact Internal Affairs Bureau’s Records Unit to determine if an investigation was conducted regarding the incident and provide name and tax registry number of the individual contacted b. Contact Department Advocate’s Office to determine if there are charges and specifications regarding the incident and provide name and tax registry number of the individual contacted c. Determine whether recommendation should be made to have Corporation Counsel represent the member based on information available. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-21 REVISION NUMBER: PAGE: 08/01/13 3 of 4 16. MEMBER’S CURRENT COMMANDING OFFICER (continued) Distribute as follows: a. “WHITE” copy of REQUEST FOR LEGAL ASSISTANCE form, with original summons and complaint (if served) and envelope (if served by mail), immediately and without delay, DIRECT to: Legal Bureau, Room 1406, One Police Plaza, Monday through Friday, 0900 to 1700 hours b. “BLUE” copy of REQUEST FOR LEGAL ASSISTANCE form, with duplicated copies of summons and complaint (if served) will be FILED at the command. COMMANDING 17. OFFICER, LEGAL BUREAU Review all documents received in connection with request for legal assistance and forward completed REQUEST FOR LEGAL ASSISTANCE to Corporation Counsel. NOTE All sections of the REQUEST FOR LEGAL ASSISTANCE must be completed in full. Failure to complete the form will result in it being returned to the command and will delay a representation determination by the Corporation Counsel. Members of the service may contact the Legal Bureau, Civil Section with any questions. ADDITIONAL DATA When serving process upon active members of the service, a process server will respond to the command where the individual is assigned or to the parent command if the command where the individual is assigned is confidential. Service at the command need not be made directly on the member named as a defendant. A member of the service who is served with a summons and complaint or who otherwise becomes aware that he/she is a defendant in a civil lawsuit arising from an alleged act or omission that occurred in the performance of duty will be defended by the Corporation Counsel and the City will pay any resulting judgment, if it is determined in accordance with the General Municipal Law (Section 50-k) that at the time of occurrence, the member of the service was acting in the proper discharge of duty. Notice of representation by the Corporation Counsel will be forwarded to the member concerned by the Corporation Counsel. The member concerned must cooperate and assist the Corporation Counsel in defending the action. Failure to cooperate with the Corporation Counsel may result in withdrawal of representation. A “Notice of Claim” is required before commencement of a tort action against the City of New York. However, service of a “Notice of Claim” on the Police Department is considered IMPROPER service and may provide the basis for dismissal of a complaint. A “Notice of Claim” should NOT be accepted by any member of the Department and the process server should instead be directed to the Office of the Comptroller. Any “Notice of Claim” mailed to the Department should be returned to sender. A REQUEST FOR LEGAL ASSISTANCE should NOT be prepared for a subpoena. If a subpoena is received, members of the service will comply with P.G. 211-15, “Processing Subpoenas for Police Department Records and for Testimony by Members of the Service” or P.G. 211-16, “Subpoenas Issued by Courts Outside New York City.” RELATED PROCEDURES Processing Subpoenas for Police Department Records and for Testimony by Members of the Service (P.G. 211-15) Subpoenas Issued by Courts Outside New York City (P.G. 211-16) FORMS AND REPORTS REQUEST FOR LEGAL ASSISTANCE (PD411-160) OFFICIAL LETTERHEAD (PD158-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 211-21 REVISION NUMBER: PAGE: 08/01/13 4 of 4 APPENDIX “A” (SAMPLE LETTER) (Command Communication Log Serial Number) _____________ Date _____________ Name of Plaintiff Address of Plaintiff Re: CASE NAME Dear ___________: The attached papers are being returned to you. This office is not authorized to accept service on behalf of (name of member of the service). As such, the attempted service is not effective. Members of the New York City Police Department must be served at their current command of assignment. The command to which an employee of the New York City Police Department is assigned to may be ascertained by calling the Verification Unit at (646) 6105529. Sincerely, Name Rank NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-01 ROLL CALL FORMATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To inspect, instruct and conduct roll call of uniformed members of the service. PROCEDURE Five minutes after the start of tour of duty: PATROL SUPERVISOR 1. NOTE Either muster or sitting room may be utilized at discretion of commanding officer. 2. 3. NOTE Assemble platoon in ranks in sitting or muster room. Make assignments. Inspect the platoon. a. Allow uniformed members concerned to reasonably demonstrate that a protective vest is being worn. b. List members deficient in uniform, equipment or personal appearance. c. Reprimand and instruct deficient members privately. d. Follow up to determine if corrections have been made; take disciplinary action if necessary. Upon notification that a protective vest inspection will be conducted by the patrol supervisor, it is incumbent on the uniformed member concerned to take appropriate actions to demonstrate that a protective vest is being worn. Such actions may include, but are not limited to: a. Raising, removing, unbuttoning top garment so as to expose the protective vest, to visual inspection, OR b. Patting on the front and rear of the protective vest so as to produce a sound, OR c. Any other manner which will indicate to the patrol supervisor that the protective vest is being worn. Uniformed members of the service are reminded that only authorized/approved protective vests will be worn. 4. 5. 6. 7. DESK OFFICER 8. PATROL SUPERVISOR 9. 10. 11. Report personally to desk/ranking officer, members absent and reason, if known. March the platoon, when directed, into muster/sitting room. Face platoon toward desk/ranking officer conducting roll call and dress up platoon. Take position at front-center of platoon. Direct, “Report (1st, etc.) platoon.” Salute desk/ranking officer. Report, “Platoon inspected.” Command, “Parade rest.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-01 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 12. 13. 14. 2 of 2 Conduct roll call. Issue necessary instructions. Command, “Post your platoon.” PATROL SUPERVISOR 15. 16. 17. 18. 19. Assume position of attention. Command, “Platoon attention.” Face platoon in direction to be marched. Instruct platoon not to congregate in groups around the stationhouse. Direct members of platoon to leave stationhouse for post or assignments at selected intervals. ADDITIONAL DATA Sergeants, police officers and detectives required to report in uniform to a location within the geographic boundaries of the precinct to which assigned at the beginning of their tour, shall be given sufficient travel time within the tour. RELATED PROCEDURES Uniforms (P.G. 204-03) Inspection of Uniforms (A.G. 305-06) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-02 MEAL PERIOD DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To provide for meal periods, obtain authorization for out of command meal, obtain approval from competent authority for meal period and report meal location to radio dispatcher. PROCEDURE When commencing meal period: UNIFORMED MEMBER OF THE SERVICE 1. 2. NOTE Uniformed members of the service shall commence and end their meal period on assigned post. Travel time to and from a meal location is not authorized. UNIFORMED MEMBER OF THE SERVICE ASSIGNED TO FOOT/TRAIN PATROL 3. UNIFORMED MEMBER OF THE SERVICE ASSIGNED TO RMP 6. 4. 5. 7. 8. 9. NOTE Take meal in either a police facility, bonafide restaurant or Department vehicle. Notify radio dispatcher at beginning of meal, of location where meal is to be taken. a. If meal is to be taken in a Department facility, notify the desk officer. Obtain meal on assigned post, if possible, and in a place maintained for eating purposes. Make ACTIVITY LOG (PD112-145) entry prior to leaving post including meal location address, and again upon returning to post. Inform radio dispatcher upon return to post and make ACTIVITY LOG entry. Notify radio dispatcher, by appropriate code signal, prior to commencing assigned meal period and upon return to patrol and provide: a. Address when meal taken in restaurant b. Nearest intersection when meal taken in Radio Motor Patrol (RMP) c. “Stationhouse” when meal taken in command facility. Remain in area designated by commanding officer, if meal is taken within command facility. a. Be available for assignment by desk officer. Acknowledge calls directed to unit and: a. Remain within assigned sector, when practical b. Do not park more than one Department vehicle in the same place at the same time c. Comply with any request for police service and make ACTIVITY LOG entry. Notify desk officer when deprived of scheduled meal due to police service. Uniformed members of the service assigned to the Transit Bureau or Special Operations Division, while assigned to duty in RMP, may take a meal period within their geographic area of assignment. Uniformed members of the service assigned to the Housing Bureau, may take a meal period in a bonafide restaurant, Department vehicle or police facility within the boundaries of the precinct in which the member is assigned to for that tour. Housing Bureau members may also take meal at a Police Service Area facility as determined by the Chief of Housing. All uniformed members of the service assigned to duty in RMP will adhere to steps 6 a through c, when requesting meal. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-02 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 10. 11. 2 of 3 Take meal, when appropriate, providing another supervisor is assigned to cover desk officer responsibilities and is able to provide continuous police service within the command. Make accommodations, if possible, so that members are not deprived of meal, if their originally scheduled meal is delayed due to police services rendered. a. Assign a police officer for relief of RMP operator or recorder, when necessary. b. Assign a police officer to provide meal relief for member assigned to fixed post, if available. ASSIGNED MEAL RELIEF OFFICER 12. Remain in view on post at time of relief when assigned to relieve radio motor patrol unit for meal. a. Assume all duties of recorder during relief period. RMP OPERATOR 13. Transport relieved member directly to meal location. UNIFORMED MEMBER OF THE SERVICE ON MEAL 14. Notify desk officer if radio motor patrol fails to return within fifteen minutes after end of meal period. PATROL SUPERVISOR 15. Notify radio dispatcher, via landline, from meal location when commencing meal period. a. Make ACTIVITY LOG entry at beginning of meal (include address of meal location) and upon conclusion of meal period. UNIFORMED MEMBER OF THE SERVICE PERFORMING DUTY IN CIVILIAN CLOTHES 16. 17. Request permission from immediate supervisor prior to taking meal. Notify immediate supervisor of intended meal location. a. If immediate supervisor is unavailable, notify bureau/borough operations desk/Field Operations Desk (FOD) of intended meal location. Document name of supervisor notified and meal location in appropriate Department record (ACTIVITY LOG, INVESTIGATOR’S DAILY ACTIVITY REPORT (PD439-156), movement log, etc.) ADDITIONAL DATA Members on meal period are still on duty and therefore will remain alert and not engage in any activity ordinarily prohibited. 18. The commanding officer of a precinct may designate a portion of an adjoining precinct where members may obtain meals during the hours a suitable eating facility is not available within the precinct of assignment. Such designation shall be forwarded on Typed Letterhead to the appropriate borough commander. Whenever any uniformed member of the service, regardless of assignment, is authorized to leave the command or assignment to obtain a meal in another precinct, such member will, in addition to other requirements: a. Request and obtain permission from immediate supervisor to leave the command and advise that supervisor of the intended meal location NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-02 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 b. c. 3 of 3 If such member is unable to notify their immediate supervisor, the member is then required to notify their individual bureau/borough operations desk/FOD of their meal location. This notification will also include their scheduled tour of duty and the expiration of their tour Enter in appropriate Department record (e.g., ACTIVITY LOG or INVESTIGATOR’S DAILY ACTIVITY REPORT, movement log, etc.) the name of the supervisor notified and the location where the meal was taken. All on-duty members of the service, whether in uniform or civilian clothes, are strictly prohibited from consuming intoxicants in any amount. This includes members during their meal period. However, members assigned to duty in civilian clothes may be granted permission by the bureau chief/counterpart concerned based upon the nature of the member’s assignment. Police officers that are normally scheduled to work an eight or nine hour tour of duty may be scheduled for a one hour meal period. Police officers normally assigned to work a twelve hour tour of duty will be scheduled two, non-consecutive, forty-five minute meal periods. Members are not to be assigned meal periods during the first or last hour and one-half of their tour, except in emergency situations. A member must be scheduled for eight consecutive hours of duty to be eligible for a meal period. If a police officer is scheduled for a full tour of duty and requests an excusal from duty of three hours or less, that police officer will be eligible for a meal period provided that the police officer requests that partial excusal prior to the start of the scheduled tour of duty. While on extended tour overtime for an arrest or other police necessity, a meal period may be granted by a supervisor to a uniformed member of the service only if their assigned meal period was denied during their regularly scheduled tour. However, such meal period may not be granted if the meal period interferes with arrest processing or the needs of the service. Under no circumstances will a rescheduled meal period on extended tour overtime be assigned during the last hour of overtime. Once the event that necessitated the extended tour overtime ends, a member who has not yet taken a meal period is precluded from taking any meal thereafter. Absent exigent circumstances during extended tour overtime, uniformed members of the service who had taken their assigned meal period during their regularly scheduled tour may be granted a break or break periods commensurate with the expected duration of overtime. Uniformed members of the service in the rank of police officer, assigned to outside details (e.g., parades, events, etc.), should be granted a one hour meal period absent exigent circumstances. Police officers assigned to outside details who are denied a one hour meal period are entitled to a credit of one hour compensatory time at straight time. However, this credit is not available to police officers whose meal was denied due to exigent circumstances. Commanding officers of outside details are responsible to ensure that police officers are assigned and granted one hour meal periods absent exigent circumstances. Detail supervisors shall assign meal periods prior to posting the detail. If exigent circumstances prevent the granting of meal periods, commanding officers of outside details are responsible to submit a written communication to the Office of Labor Relations detailing the actual exigent circumstances. The Police Commissioner will then make a final determination if exigent circumstances did exist. FORMS AND REPORTS ACTIVITY LOG (PD 112-145) INVESTIGATOR’S DAILY ACTIVITY REPORT (PD439-156) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-03 EXPIRATION OF TOUR DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 PURPOSE To account for members at the completion of their tour of duty. PROCEDURE Upon completing a tour of duty: UNIFORMED MEMBER OF THE SERVICE ON FOOT PATROL 1. 2. 3. 4. 5. 6. RMP CREW 7. 8. 9. RMP OPERATOR 10. 1 of 2 Leave post and proceed directly to stationhouse. Contact the desk officer one hour prior to the end of tour when on assignment requiring relief, and request instructions. Comply with instructions of commanding officer when assigned to a special post. Complete, sign, and submit reports as required. Return portable radio and sign checkout record as specified by commanding officer. Complete current assignment if any. a. Comply with desk officer’s instructions if assignment can be transferred to another unit. Proceed to stationhouse and park in RMP relief area as designated by commanding officer. Remain with RMP until relieved. Inform relieving operator of any incomplete assignment or any defect or condition relating to the auto. Secure auto and deliver keys to desk officer if RMP car is not being used on the next tour. 11. 12. Sign return roll call in uniform. Notify desk officer if unable to report to the stationhouse at the end of the tour. DESK OFFICER 13. Check return roll call to account for all members from previous tour and sign as required. Conduct immediate investigation if member failed to sign return roll call. UNIFORMED MEMBER OF THE SERVICE 14. ADDITIONAL DATA Uniformed members of the service who are normally assigned to the Fourth Platoon (1800 X 0200 hours) that are subpoenaed, directed by the Appearance Control Unit or notified by other competent authority, to attend any court, official agency hearing or training session the following day (Second Platoon), will be notified in advance and reassigned to perform duty with the Third Platoon (1600 X 2400 hours). Those uniformed members of the service who are not notified in advance or who are already performing duty with the Fourth Platoon at the time they receive a notification to attend any court, official agency or training session the following day on the Second platoon, will be excused from duty, under normal circumstances, at 2400 hours. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-03 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 If the member concerned effects an arrest and the related paperwork is not completed by 2400 hours or the member concerned is in the process of performing a police function beyond 2400 hours, that member is not entitled to be dismissed until all of the police related functions are complete. If the uniformed member of the service continues to work beyond 0200 hours, the officer will be entitled to receive appropriate overtime compensation in the normal manner. (The officer is not entitled to receive any overtime compensation for the time period 2400 to 0200 hours.) Desk officer/counterpart will make appropriate notations of those uniformed members of the service who are dismissed at 2400 hours in the Command Log, roll call or sign out sheet. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-04 CRIME SCENE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To safeguard evidence and detain witnesses for further investigation. DEFINITIONS “POLICE LINE DO NOT CROSS” BARRIER TAPE – a white non-adhesive plastic tape imprinted with blue lettering stating “POLICE LINE DO NOT CROSS.” To be utilized in order to establish and/or create a secure area for police related operations. It can be used to close streets, secure buildings, secure transit facilities, close areas to the public, etc. “CRIME SCENE DO NOT CROSS” BARRIER TAPE – a yellow non-adhesive plastic tape imprinted with black lettering stating “CRIME SCENE DO NOT CROSS.” To be utilized for a specific area (e.g., possibly within areas already secured by “POLICE LINE DO NOT CROSS” barrier tape, etc.) that MUST BE SAFEGUARDED because it has been deemed a crime scene and the objects within it contain possible investigative and forensic value. PROCEDURE Upon responding to a crime which may require safeguarding of the scene to preserve evidence: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. PATROL SUPERVISOR 7. 8. Request response, through Communications Section, of: a. Patrol supervisor b. Detective squad/detective specialty squad concerned or other personnel, as required. Remove unauthorized persons from the area and secure the crime scene. a. Do not disturb evidence found at scene. b. When uncertainty exists as to the extent of the crime scene, initially secure the larger area for investigation. Utilize barrier tape(s), as appropriate. Detain witnesses and persons with information pertinent to the crime. Record in ACTIVITY LOG (PD112-145): a. Observations b. Identity of suspects/witnesses with addresses and telephone numbers and any relevant statements made whether casually or as a formal statement. Advise patrol supervisor and detective squad/detective specialty squad personnel of: a. Identity of witnesses detained b. Other information regarding the case. Assess crime scene. Determine if services of Crime Scene Unit are required. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-04 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 2 Crime Scene Unit will be requested for the following: a. Homicide b. Forcible rape c. Robbery or hijacking with injury caused by firearm d. Aggravated assault with dangerous instrument and victim likely to die e. Burglaries involving forced safes or circumvented alarms f. Any other crime in which the services of the Crime Scene Unit would be needed to assist in the investigation. If the patrol supervisor cannot respond to the scene, detective squad member/detective investigator on scene may request response of Crime Scene Unit and make other required notifications. PATROL SUPERVISOR (continued) 9. 10. 11. ADDITIONAL DATA Request Crime Scene Unit direct by telephone; if landline unavailable, request through Communications Section dispatcher and include following information in request: a. Exact location, address, cross streets, specific corner, floor, apartment number, etc. b. Time and date of occurrence c. Type of crime committed; weapons used d. Number of victims involved e. Hospital treating persons removed from scene. Notify desk officer of details and request additional assistance, if required. Have “Crime Scene” signs posted. In a homicide or other serious case, the ranking member of the Detective Bureau present will be in charge of the investigation. However, if the case is part of a large-scale incident, the Patrol Services Bureau supervisor will coordinate all police operations at the scene and the highest-ranking Detective Bureau member will be in charge of the investigation. Only authorized personnel, who are properly trained and equipped, are actively involved in the investigation of the incident, and whose presence is absolutely required, will be permitted to enter the crime scene perimeter, absent extraordinary circumstances and/or circumstances involving the life or safety of incident personnel and/or the public. The Incident Commander will ensure access into the crime scene perimeter is scrupulously controlled, restricted and limited. Members of the service are reminded that deployment of the “CRIME SCENE DO NOT CROSS” barrier tape for any reason, other than to secure a crime scene, is strictly prohibited. RELATED PROCEDURES Unusual Occurrence Reports (P.G. 212-09) Crime Scene Investigations Affecting New York City Transit Train Service (P.G. 212-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-05 CRIME SCENE INVESTIGATIONS AFFECTING NEW YORK CITY TRANSIT TRAIN SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide procedures for deciding whether a train involved in a serious crime or incident may be moved to another location pending a thorough crime scene investigation. SCOPE The Department has a dual responsibility, when a serious crime or incident occurs which may affect train service, to thoroughly investigate the matter as well as expeditiously permit the resumption of normal service. There are instances in which prematurely moving a train involved in a serious crime or incident would adversely affect the quality of the crime scene investigation, e.g., continuity of blood stain patterns between the train and the platform, shots fired into or from a train, photographs which tend to corroborate or disprove witnesses’ statements, ejected cartridge cases that can roll considerable distances on a train which has been moved, etc. However, these cases are rare and trains may be moved, in most cases, to another location where a more extensive crime scene investigation may be conducted. Every effort should be made to quickly ascertain whether a train involved in a serious crime or incident may be moved without jeopardizing physical evidence admissibility. DEFINITIONS A SERIOUS CRIME or INCIDENT includes, but is not limited to the following: a. Homicide b. Felonious assault in which the victim is considered likely to die c. Police officer shot or seriously injured d. Firearms discharge by a police officer which results in injury. “POLICE LINE DO NOT CROSS” BARRIER TAPE – a white non-adhesive plastic tape imprinted with blue lettering stating “POLICE LINE DO NOT CROSS.” To be utilized in order to establish and/or create a secure area for police related operations. It can be used to close streets, secure buildings, secure transit facilities, close areas to the public, etc. “CRIME SCENE DO NOT CROSS” BARRIER TAPE – a yellow non-adhesive plastic tape imprinted with black lettering stating “CRIME SCENE DO NOT CROSS.” To be utilized for a specific area (e.g., possibly within areas already secured by “POLICE LINE DO NOT CROSS” barrier tape, etc.) that MUST BE SAFEGUARDED because it has been deemed a crime scene and the objects within it contain possible investigative and forensic value. PROCEDURE When a serious crime or incident occurs on the transit system: UNIFORMED MEMBER OF THE SERVICE 1. Detain train involved for further investigation and be guided by instructions of a supervisor. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-05 PATROL SUPERVISOR PAGE: 08/01/13 2. 3. 4. 5. 6. ADDITIONAL DATA REVISION NUMBER: 2 of 2 Immediately respond to location and determine whether or not train service may be seriously affected. a. Ascertain whether the crime scene will adversely be affected by movement of the train to another location, if train service is seriously affected, especially during rush hours or other such conditions. Confer with the ranking Detective Bureau personnel on the scene and direct the train be moved to another accessible location, if physical evidence will not be jeopardized. Be aware of the exact location where the train is being taken. a. Assign a uniformed member of the service to the train to protect the crime scene. Utilize barrier tape(s), as appropriate. Expedite the crime scene investigation if the train cannot be moved. a. Provide for prompt resumption of service upon completion of investigation. Only authorized personnel, who are properly trained and equipped, are actively involved in the investigation of the incident, and whose presence is absolutely required, will be permitted to enter the crime scene perimeter, absent extraordinary circumstances and/or circumstances involving the life or safety of incident personnel and/or the public. The Incident Commander will ensure access into the crime scene perimeter is scrupulously controlled, restricted and limited. Members of the service are reminded that deployment of the “CRIME SCENE DO NOT CROSS” barrier tape for any reason, other than to secure a crime scene, is strictly prohibited. RELATED PROCEDURE Crime Scene (P.G. 212-04) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-06 RADIO MOTOR PATROL TRANSPORT RESERVE SURGEON DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To provide transportation for the reserve surgeon when his/her services are required within the city. PROCEDURE When a reserve surgeon requires transportation to render services within the city: SICK DESK SUPERVISOR 1. Request that Communications Section dispatch a radio motor patrol car to transport the surgeon. COMMUNICATIONS SECTION 2. 3. 4. Contact Highway District. Make arrangements for a radio motor patrol car to meet surgeon. Notify desk officer of the RMP’s command of the assignment. DESK OFFICER 5. R.M.P. OPERATOR 6. 7. DESK OFFICER 8. NOTE Reassign recorder. Transport surgeon to location and back to home, office, or precinct stationhouse/police service area/transit district, as directed. Notify Communications Section and desk officer upon completion of assignment. Reassign recorder to RMP. When the Reserve Surgeon is located outside the city, he/she will proceed to the 50th or 105th Precinct stationhouse, as appropriate, where a RMP will meet him/her. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-07 TRANSPORTING NON-MEMBERS OF THE SERVICE IN RADIO MOTOR PATROL CARS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To record instances when non-members of the service are transported in police vehicles. DEFINITION NON-MEMBERS - Persons not members of the service including prisoners, complainants, witnesses, abandoned children, lost persons and mentally ill persons, and others as necessary. PROCEDURE When it is necessary to transport a non-member in a radio motor patrol car: RMP RECORDER 1. 2. 3. 4. FORMS AND REPORTS Obtain permission from the patrol supervisor or desk officer, if possible. Notify the radio dispatcher at the start and conclusion of the trip. Search passenger area of vehicle for contraband, weapons or other property immediately upon conclusion of trip. Enter in ACTIVITY LOG (PD112-145): a. Time trip starts b. Identity of persons transported c. Place of beginning and end of trip d. Purpose of trip e. Time trip ends f. Results of vehicle inspection. ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-08 ACTIVITY LOGS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To accurately record activities of uniformed members of the service and aid in the evaluation of such members. SCOPE ACTIVITY LOGS (PD112-145) are prepared by all uniformed members of the service below the rank of captain, except members performing permanent administrative or clerical duties or members required to prepare INVESTIGATOR’S DAILY ACTIVITY REPORT (PD439-156). However, when any uniformed member below the rank of captain is assigned to a detail, e.g., parade, election duty, etc., the member concerned will maintain and make required entries in an ACTIVITY LOG. PROCEDURE Upon reporting for a tour of duty: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Upon receiving assignment for the tour, uniformed members of the service, in consultation with the patrol supervisor, will utilize the current COMMAND CONDITIONS REPORT in identifying the two primary conditions to be addressed within their assigned sector/post. Record in ACTIVITY LOG: a. Required information from roll call, before start of tour, including: (1) Day, date and tour (2) Assignment (post, sector, RMP number, etc.)/Two primary conditions to be addressed within assigned sector/post, if applicable b. c. (3) Meal time (4) Name of operator/recorder, when applicable (5) School crossing or church crossing, if applicable. Result of vehicle inspection when assigned as RMP operator: (1) Condition of vehicle (2) Odometer reading (3) Amount of gas in vehicle. Chronologically: (1) Assignments received - Indicate time received, type of assignment, location, origin, code signal, disposition and time completed and/or given to dispatcher. If summons, enter summons number. (2) Tasks performed (3) Absences from post/sector or place of assignment (4) Rank and surname of supervisor(s) responding to assignment (5) Information pertinent to an assignment or observed/ suspected violation of law, i.e., action taken, narrative disposition, forms prepared with identifying serial number, etc., to include the name, rank, shield number and command of off-duty uniformed member(s) of the service involved in any off-duty incident NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-08 PAGE: 08/01/13 (6) (7) UNIFORMED MEMBER OF THE SERVICE (continued) NOTE REVISION NUMBER: 2 of 3 Other entries required by Department directives Completion of tour, odometer reading, signature and shield number, if any. Both the RMP operator and RMP recorder are required to make the above specified chronological entries. 2. 3. 4. Make entries in black ink, beginning on first line at top of page and continuing thereafter accounting for each scheduled tour: a. Utilize blank side of each page for notes, diagrams, sketches, etc., when necessary b. Carry ACTIVITY LOG in regulation leather binder c. Correct errors by drawing single line through incorrect entry and initial; do not erase d. Begin tour’s entries on next open line, following previous tour closing entry. Do not skip lines or pages. e. Write or print legibly; abbreviations may be used f. Do not remove pages for any reason or use ACTIVITY LOG as scrap or for note pads, etc. Submit ACTIVITY LOG to supervising officer for inspection and review upon request. Direct attention of supervisor to entry which may be a matter of concern, i.e., unusual occurrence, absence from post, etc. SUPERVISORY MEMBER 5. Indicate supervision and inspection of member’s ACTIVITY LOG by inserting on the next open line the date, time, rank, signature and comment, if any. a. Comments relating to a particular member’s activity will be made known to the member’s immediate supervisor. UNIFORMED MEMBER OF THE SERVICE 6. Store active and completed ACTIVITY LOGS in locker, available for inspection at all times. ADDITIONAL DATA Upon being permanently transferred, member will submit ACTIVITY LOG to a supervisor in the previous command for signature after the last entry and notation of member’s “new” command in the “Distribution Record” under “Remarks.” Member will then submit the ACTIVITY LOG to a supervisor upon arrival in the “new” command, for signature. The supervisor will then enter required information in rear of command’s “Distribution Record”. Upon completion of an ACTIVITY LOG, the member concerned will submit it to a designated supervisor for review. After ascertaining that all required information has been entered on the cover of the ACTIVITY LOG, the supervisor will enter his/her signature on the last page and cover of the LOG, complete required entries in “Distribution Record” and issue a new LOG to the member. Member and supervisor will complete required captions on cover of new LOG. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-08 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 Upon retirement of a member of the service, or other separation from the Department, completed ACTIVITY LOGS should be maintained. ACTIVITY LOGS are official accounts of police activities and are frequently needed for purposes of criminal prosecution and civil litigation. Active and former members are reminded that, as ACTIVITY LOGS contain confidential information, no member or former member is permitted to disclose, donate or sell, for personal financial gain or otherwise, any ACTIVITY LOG. However, they should be provided to the Department upon request. Active and former members are prohibited from disclosing such confidential information by statute, including, but not limited to, New York City Charter Sections 2604(b)(4) and 2604(d)(5), respectively. Violation may be punishable by financial penalties and may be considered a misdemeanor offense. RELATED PROCEDURE Activity Log Distribution Record (A.G. 322-31) FORMS AND REPORTS ACTIVITY LOG (PD112-145) INVESTIGATOR’S DAILY ACTIVITY REPORT (PD439-156) COMMAND CONDITIONS REPORT NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-09 UNUSUAL OCCURRENCE REPORTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To promptly notify the Chief of Patrol of an unusual occurrence. DEFINITION UNUSUAL OCCURRENCE - substantially more than an ordinary occurrence because of its seriousness, peculiarities, sensationalism, vastness, differences, newsworthiness, or potential to affect police-community relations involving interracial/ethnic conflict or community unrest. PROCEDURE Whenever an unusual incident occurs, take immediate emergency action and: UNIFORMED MEMBER OF THE SERVICE 1. 2. DESK OFFICER 3. Notify desk officer immediately. Request patrol supervisor to respond. 4. Notify Operations Unit and patrol borough command without waiting for complete details. Notify commanding officer/duty captain to respond. COMMANDING OFFICER/ DUTY CAPTAIN 5. 6. Conduct immediate investigation of occurrence. Inform Operations Unit and desk officer of details of investigation. NOTE If occurrence is a bias motivated incident, comply with P.G. 207-10, “Bias Motivated Incidents.” DESK OFFICER 7. Prepare preliminary report, on Typed Letterhead, or UNUSUAL OCCURRENCE REPORT (PD370-152), addressed to the Chief of Patrol, and forward as indicated in step 9 below even if investigation is incomplete. a. Attach copy of SPRINT printout, if documented, to the UNUSUAL OCCURRENCE REPORT, prior to forwarding. COMMANDING OFFICER/ DUTY CAPTAIN Report results of investigation on Typed Letterhead, addressed to Chief of Patrol: a. If preliminary report has been forwarded, prepare supplementary report indicating results of investigation and attach a copy of the “SPRINT” PRINTOUT, if documented, to supplementary report. Forward reports via next department mail as follows: a. Chief of Patrol, DIRECT (forward in UNUSUAL OCCURRENCE REPORT [ENVELOPE] PD370-150) b. Copy for each intermediate command c. Copy for commanding officer of uniformed member of service concerned, if member not assigned to reporting command d. Copy to Chief of Housing Bureau or Transit Bureau if incident occurred in Housing Authority development or in subway system e. Copy to Police Pension Fund if occurrence involves line of duty death or serious injury and likely to die f. Copy to Chief, Community Affairs, if occurrence affects policecommunity relations. 8. 9. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-09 COMMANDING OFFICER/ DUTY CAPTAIN (continued) ADDITIONAL DATA REVISION NUMBER: PAGE: 08/01/13 g. 2 of 2 Copy to Deputy Commissioner - Strategic Initiatives, if occurrence involves the death of a person while in police custody or death or serious injury to a person in connection with a police activity or death or injury to a person as a result of a police firearms discharge. Whenever doubt exists concerning whether an incident is unusual, make required notifications and prepare reports. The main criterion in determining the preparation and forwarding of the report is the Chief of Patrol’s need to know. When an unusual occurrence involves a prisoner, comply with “Prisoner - Unusual Occurrences” procedure to satisfy reporting requirements. The identity of sex crime victims will not be included in UNUSUAL OCCURRENCE REPORTS but will be indicated by use of the term “person(s) known to this department”. In addition, SPRINT PRINTOUTS containing the identity of sex crime victims will not be attached to UNUSUAL OCCURRENCE REPORTS and ranking officers preparing the report will include a statement that the printout is not attached because it contains identifying data. The shooting team leader/duty inspector investigating an incident involving a uniformed member of the service discharging a firearm which results in death or injury or member is involved in any other conduct which results in the death of another shall temporarily assign such uniformed member of the service to the patrol borough command of assignment for a minimum of three consecutive scheduled tours (exclusive of sick time or regular days off). (If member involved is assigned to other than a Patrol Services Bureau command, he may be temporarily assigned to own bureau/counterpart command). The borough/counterpart commander will review the assignment and forward a report to the bureau chief concerned recommending continuance or discontinuance. Uniformed members of the service involved in such incidents will not be returned to their permanent commands without the prior approval of the Chief of Department. Uniformed members of the service placed on temporary assignment as outlined above continue to be subject to suspension or modified assignment, if circumstances warrant. The UNUSUAL OCCURRENCE REPORT form will NOT be used to report firearms discharges by members of the service, labor coalition incidents, “Prisoners Unusual Occurrence” (P.G. 210-07, Prisoners - Unusual Occurrence”), or any other unusual incident determined not appropriate by the investigating precinct commander/duty captain. RELATED PROCEDURES Bias Motivated Incidents (P.G. 207-10) Prisoners - Unusual Occurrence (P.G. 210-07) Emergency Incidents (P.G. 213-02) FORMS AND REPORTS UNUSUAL OCCURRENCE REPORT (PD370-150) SPRINT PRINTOUTS NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-10 INTERRUPTED PATROL LOG DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To control the amount of time spent in a stationhouse, police service area or transit district command by uniformed members of the service who are performing duty with the platoon. PROCEDURE When a uniformed member of the service, performing duty with the platoon, enters the stationhouse, police service area or transit district command for any reason during the tour: UNIFORMED MEMBER OF THE SERVICE 1. Report to desk officer and inform him/her of reason for presence in command. DESK OFFICER 2. Make entries in Interrupted Patrol Log, in own handwriting, under following captions: TIME IN 3. 4 ADDITIONAL DATA RANK NAME ASSIGN- REASON MENT TIME OUT TOTAL TIME DESK OFFICER Maintain Log under direct control at all times. Review Interrupted Patrol Log frequently during tour to determine if presence in command is being expedited. An Interrupted Patrol Log will be maintained by all commands/units whose members perform patrol duties under the jurisdiction of the Patrol Services, Housing and Transit Bureaus. Commanding officers will frequently review the Interrupted Patrol Log to determine if stops in the command are necessary and if they are being expedited. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-100 AUXILIARY POLICE SUPERVISION AND DEPLOYMENT OF PERSONNEL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To ensure proper supervision and deployment of auxiliary police personnel on patrol. DEFINITIONS COMMAND AUXILIARY POLICE COORDINATOR - uniformed member of the service assigned to oversee the Auxiliary Police Program within a precinct, police service area, transit district, harbor or highway unit. AUXILIARY POLICE SUPERVISOR - a member of the Auxiliary Police Program in the rank of sergeant or above. PROCEDURE When deploying auxiliary police personnel assigned to a precinct, police service area, transit district, harbor or highway unit: COMMAND AUXILIARY POLICE COORDINATOR/ AUXILIARY POLICE SUPERVISOR 1. 2. 3. NOTE Upon notification that a protective vest inspection will be conducted by the command auxiliary police coordinator/auxiliary police supervisor, it is incumbent on the member concerned to take appropriate actions to demonstrate that a protective vest is being worn. Such actions may include, but are not limited to: a. Raising, removing, unbuttoning top garment so as to expose the protective vest, to visual inspection, OR b. Patting on the front and rear of the protective vest so as to produce a sound, OR c. Any other manner which will indicate to the command auxiliary coordinator/auxiliary supervisor that the protective vest is being worn. Auxiliary members are reminded that only authorized/approved protective vests will be worn. 4. 5. Assemble auxiliary police officers for roll call, when practical. Conduct roll call as per P.G. 212-01, “Roll Call Formations.” Inspect the platoon. a. Allow members assigned to patrol duty to reasonably demonstrate that a protective vest is being worn b. List members deficient in uniform, equipment or personal appearance c. Reprimand and instruct deficient members privately d. Follow up to determine if corrections have been made and take disciplinary action if necessary. Ensure that auxiliary police officers who are under eighteen years of age are not assigned to patrol duties or undercover “Quality of Life” operations. Ensure that members who are seventeen years of age are only assigned to administrative functions within the command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-100 REVISION NUMBER: PAGE: 08/01/13 2 of 3 COMMANDING OFFICER/ EXECUTIVE OFFICER/ SPECIAL OPERATIONS LIEUTENANT 6. 7. Attend auxiliary roll call periodically and provide instructions. Inform members of any patterns or trends within the command. COMMAND AUXILIARY POLICE COORDINATOR/ AUXILIARY POLICE SUPERVISOR 8. Deliver original copy of Auxiliary Roll Call (Form APS # 10) listing personnel assignments to the command desk officer. Monitor the command radio when auxiliary members are assigned to patrol. Visit auxiliary officers assigned to foot and radio motor patrol frequently and at irregular intervals during tour and indicate visit by signing MEMORANDUM PAD (PD112-141) of each member. Maintain ACTIVITY LOG (PD112-145) or MEMORANDUM PAD, if appropriate, and make entries listing times, names and assignments of auxiliary officers visited. 9. 10. 11. DESK OFFICER 12. 13. Ensure a copy of Auxiliary Roll Call is given to the command platoon commander and/or command patrol supervisor. Attach original copy of Auxiliary Roll Call to the desk copy of the command roll call. NOTE If auxiliary police officers are present to perform a scheduled tour and the command auxiliary police coordinator or an auxiliary police supervisor is unavailable, auxiliary police officers will be assigned by the command desk officer to auxiliary related duties within the command facility. Under no circumstances will auxiliary police officers be assigned to perform patrol duties when the command auxiliary police coordinator or an auxiliary police supervisor is not present. SPECIAL OPERATIONS LIEUTENANT/ PLATOON COMMANDER 14. Designate a sergeant, other than the patrol supervisor, to oversee auxiliary police personnel when performing duties within the command facility. DESIGNATED SERGEANT 15. Supervise auxiliary police personnel assigned to perform duty within the command facility. DESK OFFICER 16. / PATROL SUPERVISOR During command roll call, inform uniformed members of the service of auxiliary assignments and locations. PLATOON COMMANDER 17. Be aware of all auxiliary police personnel performing duty on assigned tour. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-100 REVISION NUMBER: PAGE: 08/01/13 3 of 3 UNIFORMED MEMBER OF THE SERVICE 18. Be cognizant of auxiliary police personnel on patrol within assigned sector or foot post. SPECIAL OPERATIONS LIEUTENANT 19. Confer with command auxiliary police coordinator regarding any issues related to auxiliary police duties and responsibilities. ADDITIONAL DATA The Harbor Unit operations supervisor will oversee auxiliary launch deployment in the absence of the command auxiliary police coordinator or auxiliary police supervisor. Auxiliary police assignments shall be determined in advance by the special operations lieutenant in consultation with the commanding officer/executive officer. Priority patrol posts, command facility assignments and other information that maximizes safety and/or increases the efficiency of the Auxiliary Police Program will be kept at the command desk. The command auxiliary police coordinator and ranking auxiliary officers will maintain a copy of this information in the unit’s office and in the Command Auxiliary Reference Library. Commanding officers will ensure that the command auxiliary police coordinator performs tours that coincide with the tours of auxiliary police personnel, when possible. The special operations lieutenant and command auxiliary police coordinator shall confer with the command training sergeant to obtain training material relevant to auxiliary police duties. RELATED PROCEDURES Roll Call Formations (P.G. 212-01) Command Auxiliary Police Coordinator (P.G. 202-34) Selection and Utilization of Auxiliary Police Officer Volunteers as Undercovers for “Quality of Life” Enforcement (P.G. 214-05) Line of Duty Injury or Death - Auxiliary Police Officers (P.G. 216-13) FORMS AND REPORTS ACTIVITY LOG (PD112-145) MEMORANDUM PAD (PD112-141) Auxiliary Roll Call (Form APS # 10) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-101 PROCESSING UNKNOWN SUBSTANCES SUSPECTED OF BEING CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR (CBRN)/ HAZARDOUS MATERIALS EVIDENCE DATE ISSUED: 10/16/13 DEFINITIONS DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 18 CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR (CBRN) /HAZARDOUS MATERIAL Incidents– Intelligence derived from numerous reliable sources indicates that terrorist groups have been trained and directed to: - Construct improvised weapons from toxic industrial chemicals, radioactive materials commonly found in scientific equipment, illegally obtained pathogenic microorganisms, homemade biological toxins and many other types of common hazardous materials; and, - Obtain employment driving tanker trucks carrying hazardous materials and use the trucks and their contents as weapons; and, - Engage in acts of sabotage involving hazardous material manufacturing and storage sites. Consequently, any incident involving an unknown substance suspected of being a (i) biological weapon agent or hazardous biological organism/toxin; or, (ii) military chemical agent or toxic industrial chemical; or, (iii) radiological/nuclear material must be considered a criminal/terrorism incident (even if it appears that the incident may be the result of an accident), an investigation must be conducted, the unknown substance must be assessed in order to identify its hazardous properties and the unknown substance and related property must be evaluated/processed as evidence. A failure to initially treat these types of incidents as terrorism/criminal could delay or prevent the apprehension of the perpetrator(s) and impede or prevent the disruption of one or more subsequent catastrophic attacks. CITYWIDE INCIDENT MANAGEMENT SYSTEM (CIMS) - The Mayor’s Citywide Incident Management System (CIMS) states that the, “NYPD will be the Primary Agency at all CBRN/Haz-Mat incidents, with the responsibility for overall site management, assessment and investigations (crime-scene/terrorism).” PRIMARY AGENCY – The Agency authorized by Mayoral Directive to have overall responsibility of an incident. The Primary Agency will coordinate with Support Agencies to mitigate the incident. INNER PERIMETER – Area surrounding all of the locations that may have been contaminated by the unknown substance suspected of being a Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Material. Absent emergency circumstances, only authorized and necessary personnel who are properly trained and wearing the appropriate type of Personal Protective Equipment (PPE) will be allowed to enter the Inner Perimeter. The establishment of an appropriately sized Inner Perimeter is a component of the NYPD responsibility for providing “overall site management.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-101 DEFINITIONS (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 2 of 18 CRIME SCENE - Area surrounding all of the locations that may contain physical evidence that may have forensic, investigative, demonstrative, etc, value. The size of the Crime Scene will depend upon the circumstances of the incident. Initially the size of the Crime Scene should be large and as time progresses and additional facts are discovered, it may be reduced in size. Initially, the size of the Crime Scene should be no smaller than the size of the Inner Perimeter. In order to minimize or avoid the alteration, loss, contamination, degradation, destruction, etc., of physical evidence, civilians and city, state, federal agency personnel who are unauthorized or unnecessary, including unnecessary NYPD personnel, will not be allowed access within the Crime Scene. The establishment of an appropriately sized Crime Scene is a component of the NYPD responsibility for providing “overall site management.” OUTER PERIMETER- Area sufficiently removed from the inner perimeter or the crime scene if larger, so as to ensure that only authorized and necessary personnel are allowed access and that they enter in a controlled and coordinated manner. Civilians and city/state/federal agency personnel who are unauthorized or unnecessary, including unnecessary NYPD personnel, will not be allowed access within the Outer Perimeter. The Outer Perimeter is established so as to ensure that when necessary: (i) a sufficient level of force protection is provided; (ii) individuals may be safely and expeditiously evacuated; (iii) expeditious access/egress routes are provided for the authorized and necessary responding emergency vehicles; (iv) pedestrian, vehicular and mass transit traffic is appropriately controlled; (v) witnesses and investigative evidence are expeditiously identified and secured/safeguarded; (vi) crowds are properly managed; and, (vii) the affected area, buildings, property, etc, are appropriately secured. The establishment of an appropriately sized Outer Perimeter is a component of the NYPD responsibility for providing “overall site management.” NYPD EMERGENCY SERVICE UNIT - The Emergency Service Unit will be the lead unit in the NYPD with respect to assessing an unknown substance suspected of being a CBRN/Hazardous Material and will be assisted at the incident site by the NYC Department of Environmental Protection. NYC FIRE DEPARTMENT – The Mayor’s City Wide Incident Management System states that the core competencies of the NYC Fire Department include fire suppression; patient care and transport; search and rescue; and, CBRN/Hazardous Material life safety and mass decontamination. The Mayor’s City Wide Incident Management System also states that at a CBRN/Haz-Mat incident the NYC Fire Department, “will be responsible for life safety operations and mass decontamination.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 DEFINITIONS (continued) REVISION NUMBER: PAGE: 10/16/13 3 of 18 NYC DEPARTMENT OF ENVIRONMENTAL PROTECTION – Personnel are engineers/scientists who are experts regarding military chemical agents, toxic industrial chemicals, and other types of chemical compounds. Personnel are also highly trained and experienced CBRN/Hazardous Materials first responders who utilize scientific instruments and laboratory techniques in the field to identify the chemical composition of unknown substances; and, they are supported by a New York State accredited Hazardous Materials laboratory. Personnel also perform air, water and soil sampling/analysis; conduct air plume dispersion modeling; identify/monitor contamination zones; determine the appropriate mitigation, containment, collection, disposal, decontamination, remediation, etc, plans, procedures and methods; and perform or direct the appropriate governmental and/or private assets to perform all or part of the required mitigation, containment, collection, disposal, decontamination, remediation actions. NYC DEPARTMENT OF HEALTH AND MENTAL HYGIENE – Personnel are medical doctors, scientists, health care providers and public health professionals who are experts regarding biological weapon agents and hazardous biological organisms/toxins, communicable diseases, epidemiology, radioactive materials/contamination, laboratory sciences, environmental science/engineering, poisons, contaminated food/water, veterinary/pest control, decontamination plans/methods, and other public health related subjects. Personnel are supported by a nationally accredited “Bio-Threat Response” Public Health laboratory whose function is to determine whether an unknown substance is a biological weapon agent or hazardous biological organism/toxin. Personnel will provide assistance and/or respond to an incident scene when specifically requested or when particular pre-designated circumstances exist. PROCEDURE Upon discovering or being called to the scene of an incident involving an unknown substance suspected of being a Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Material other than an explosive substance or a conventional, radiological or nuclear explosive device: UNIFORMED MEMBER OF SERVICE 1. Interview complainant(s) and other involved persons, conduct preliminary investigation, evaluate the totality of the circumstances and utilize common sense standards to determine if the nature of the unknown substance can be readily identified as non-hazardous, e.g., packaging materials, cleaning/detergent products, pesticides, insecticides, insulation materials, garden products, dried food products, controlled substances, pet care items, sweeteners, pharmaceuticals, cooking/baking products, candy, tea/coffee, hygiene/grooming products, stuffing/filler items, etc. a. Many jobs may be properly classified as unfounded or unnecessary based upon an evaluation of the totality of the circumstances and the application of common sense standards to the facts discovered during the preliminary investigation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 REVISION NUMBER: PAGE: 10/16/13 4 of 18 NOTE If a member of the service suspects that an explosive substance or any type of conventional, radiological or nuclear explosive device may be present, follow P.G. 21240, “Bomb Threats/Unattended Articles - Suspected/Reported Explosive Devices and Post Explosion Bomb Scenes.” UNIFORMED MEMBER OF SERVICE (continued) 2. NOTE Communications Division will automatically dispatch the patrol supervisor to the scene of an incident involving an unknown substance suspected of being a CBRN/Hazardous Material. Confer with the patrol supervisor regarding the nature of the unknown substance. a. Comply with the directions provided. The Mayor’s City Wide Incident Management System (CIMS) states that the NYPD will be the “Primary Agency” at all CBRN/Haz-Mat incidents, with the responsibility for overall site management, assessment and investigations (crime-scene/terrorism). Furthermore, ALL incidents that involve an unknown substance suspected of being a CBRN/Hazardous Material must be considered a criminal/terrorism incident (even if it appears that the incident may be the result of an accident), an investigation must be conducted, the unknown substance must be assessed in order to identify its hazardous properties and the unknown substance and related property must be evaluated/processed as evidence. Therefore, the patrol supervisor or highest-ranking uniformed member of the Patrol Services Bureau at the scene will be the NYPD Incident Commander, who will be responsible for ensuring overall site management and will take appropriate action to ensure that only authorized and necessary personnel are allowed access within the Outer Perimeter and that they enter within the Outer Perimeter in a controlled and coordinated manner. The life and safety of all involved persons and the public is of paramount concern. The CIMS states that, “life safety operations are the highest priority Incident Objectives and will be initiated by the first responding resources capable of performing rescue.” Therefore, when necessary, all appropriate agencies will be notified, resources requested, and access of all required personnel to the incident scene will be permitted in order to ensure that the life and safety of all involved persons are protected. In the event that there is an ongoing uncontrolled release/leak or a functioning device is actively “disseminating” an unknown substance, the first appropriately trained and equipped personnel will be allowed access to the incident/crime scene to stop/control the release/leak or deactivate the dissemination device. Absent extraordinary circumstances, an envelope or parcel containing an unknown substance is NOT considered an uncontrolled release/leak or a functioning/active “disseminating” device. If a member of the service suspects that the dissemination device may be “booby trapped” and/or may be some type of explosive device and/or may contain an explosive substance, follow P.G. 212-40, “Bomb Threats/Unattended Articles Suspected/Reported Explosive Devices and Post Explosion Bomb Scenes.” 3. If the nature of the unknown substance cannot be determined: a. Notify the Communications Division dispatcher and request the response of the Emergency Service Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 REVISION NUMBER: PAGE: 10/16/13 b. UNIFORMED MEMBER OF SERVICE (continued) c. d. e. f. g. h. i. j. 5 of 18 Notify Operations Division and request the response of the NYC Department of Environmental Protection, Hazardous Materials Response Unit (DEP/HMRU). Notify Operations Division and request the response of the NYC Fire Department (FDNY) if needed for life safety operations and/or mass decontamination. If FDNY is requested or is responding or is present, request the immediate response of the Duty Captain. Evacuate individuals an appropriate distance from the unknown substance and contaminated areas. Identify and isolate individuals apparently suffering ill effects from the unknown substance and immediately request Communications Division dispatcher to send medical assistance. Identify and isolate individuals who have been exposed to the unknown substance. Identify and isolate individuals who may require decontamination. Establish an appropriately sized Inner Perimeter and take appropriate measures to isolate, contain and safeguard the unknown substance so as to prevent any further dispersal/dissemination and to prevent contamination of additional persons and/or the surrounding areas. Establish an appropriately sized Crime Scene. Establish an appropriately sized Outer Perimeter. Attempt to limit movement and other activity within potentially contaminated areas so as to minimize the possibility of any further dispersal/dissemination of the unknown substance and/or any contamination of additional persons and/or the surrounding areas. NOTE OPERATIONS DIVISION SUPERVISOR PATROL SUPERVISOR 4. 5. 6. 7. Notify the following agencies immediately regarding details of the incident if it is determined that the suspicious substance represents a credible threat regardless of whether the actual response of the individual agency is required at the scene: a. New York City Office of Emergency Management b. New York City Fire Department c. New York City Department of Health and Mental Hygiene d. New York City Department of Environmental Protection e. FBI/NYPD Joint Terrorist Task Force. Respond and review the actions of the assigned members of service and ensure that all required notifications have been made. a. Confer with Operations Division supervisor and ensure that DEP/HMRU has been notified and is responding to the incident scene. If necessary, ensure that life safety operations are initiated by the first responding resources capable of performing rescue. If necessary, ensure that any individuals requiring medical attention are promptly examined/treated by responding medical personnel, and if appropriate, are expeditiously removed from the incident scene. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 REVISION NUMBER: PAGE: 10/16/13 6 of 18 NOTE Request sufficient personnel to secure the scene. Designate the mobilization point and route to be followed. PATROL SUPERVISOR (continued) 8. 9. 10. 11. 12. 13. Notify the Intelligence Bureau, Criminal Intelligence Section and confer with the supervisor. a. Intelligence Bureau, Criminal Intelligence Section will immediately notify the FBI/NYPD Joint Terrorist Task Force Call Center. Ensure that an appropriately sized Inner Perimeter has been established; only authorized/necessary personnel who are properly trained and wearing the appropriate type of Personal Protective Equipment (PPE) are allowed access thereto; and, the unknown substance has been adequately isolated, contained and safeguarded. Ensure that an appropriately sized Crime Scene has been established and access thereto is strictly controlled in order to prevent the entry of unnecessary or unauthorized persons. a. If necessary, expand the original Crime Scene. Initially, the size of the Crime Scene should be no smaller than the size of the Inner Perimeter. b. Absent extraordinary circumstances and/or circumstances involving the life or safety of involved persons or the public, only Emergency Service Unit personnel, DEP/HMRU personnel, Department of Health and Mental Hygiene (DOHMH) personnel and those appropriately trained and equipped law enforcement personnel who are involved in the investigation of the incident and have an absolute need to enter will be allowed access within the Crime Scene. Civilians and city, state, federal agency personnel who are unauthorized or unnecessary, including unnecessary NYPD personnel, will not be allowed access within the Crime Scene. c. Maintain a record identifying the rank/title, name, command/ agency, etc, of all personnel entering the Crime Scene. d. If the circumstances dictate that the Crime Scene must be processed by forensic specialists, request response of the Crime Scene Unit. e. Do not release control of the Crime Scene without proper authorization. Ensure that an appropriately sized Outer Perimeter has been established; only authorized and necessary personnel are allowed access within the Outer Perimeter; and, they enter within the Outer Perimeter in a controlled and coordinated manner. Civilians and city, state, federal agency personnel who are unauthorized or unnecessary, including unnecessary NYPD personnel, will not be allowed access within the Outer Perimeter. Notify the desk officer, precinct of occurrence. If necessary, request response of the Duty Captain. a. The Duty Captain must immediately respond if (i) there are any questions or problems involving responding city/state/federal agencies or private organizations; or, (ii) FDNY has been requested for life safety operations and/or mass decontamination; or, (iii) FDNY is responding to or present at the incident scene. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 REVISION NUMBER: PAGE: 10/16/13 7 of 18 PATROL SUPERVISOR (continued) 14. Notify the Precinct Detective Squad. a. Request Detective Squad to respond if (i) an immediate investigation should be conducted; or, (ii) needed to assist in the identification of the unknown substance, i.e., identify and interview the individual or company that sent, delivered, abandoned, etc, the unknown substance. EMERGENCY SERVICE UNIT PERSONNEL 15. Respond to the scene and comply with all applicable Emergency Service Unit (ESU) procedures regarding: a. Assessment of the incident scene, environment, atmosphere, etc, for chemical, radiological, explosive/flammable, and other applicable hazards. b. Documentation, sampling, marking, collection, packaging, sealing, etc, of unknown substances and related items/evidence. c. Decontamination of persons, objects and areas. d. Packaging, sealing and disposal of contaminated non-evidence waste items, e.g., personal protective equipment (PPE), items used for decontamination. e. Collaboration and conferral with DEP/HMRU personnel, and when applicable, personnel from DOHMH, FDNY, other city, state, federal agencies and private organizations. DEP/HMRU PERSONNEL 16. 17. Analyze the unknown substance for hazards and explosive properties. Identify the chemical compound(s) and hazardous materials that are present in the unknown substance. When necessary and after conferral with ESU personnel, document, sample, mark, collect, package, seal, establish a chain of custody for and transport samples of the unknown substance and/or related evidence/items to the DEP Hazardous Materials Laboratory for examination, analysis, safeguarding, disposal and/or other appropriate action. When necessary and after conferral with ESU personnel, based upon the circumstances of the incident: a. Perform air, water and/or soil sampling and analysis. b. Conduct air plume dispersion modeling. c. Identify and monitor contamination zones. d. Determine the appropriate mitigation, containment, collection, disposal, decontamination, remediation, etc, plans, procedures and methods. e. Perform or direct the appropriate governmental and/or private assets to perform all or part of the required mitigation, containment, collection, disposal, decontamination, remediation actions. Confer with ESU personnel and advise regarding analytical results, technical determinations and any other relevant findings and recommendations. 18. 19. 20. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 REVISION NUMBER: PAGE: 10/16/13 8 of 18 EMERGENCY SERVICE UNIT PERSONNEL 21. NOTE The Intelligence Bureau, Criminal Intelligence Section supervisor will immediately notify the Operations Division regarding any additional assistance that has been requested by the Emergency Service Unit personnel and will immediately inform the Operations Division personnel of any additional facts and circumstances as well as any issues or problems related to the incident. 22. 23. Notify Intelligence Bureau, Criminal Intelligence Section supervisor if: a. Radioactive material/contamination may be present and the assistance and/or response of personnel assigned to the DOHMH Office of Radiological Health is required. b. Based upon the circumstances of the incident, the assistance and/or response of appropriate DOHMH personnel may be required. c. DOHMH personnel must be notified and requested to provide assistance and/or respond in the following situations: (i) there is a credible threat of the presence of a biological weapon agent or hazardous biological organism/toxin; or, (ii) a civilian(s) is transported to a hospital(s); or, (iii) there is contamination or decontamination of civilians; or, (iv) any involved individual states that he is ill and believes that the unknown substance may be the cause of the illness; or, (v) there is a public health related question/problem involving the extent of the contamination and/or the appropriate decontamination plans, procedures, methods, etc, to be used with respect to any persons, objects, rooms, buildings, areas, etc; or, (vi) there is any public health related question/problem regarding the safeguarding, evacuation, closing/sealing, entering/reentering, habitation, etc, of the room, building, location, area, etc, in question; or, (vii) any involved individual has a public health related question/problem that requires the expertise of DOHMH personnel to resolve; or, (viii) the nature of the complainant, location or facts surrounding the incident creates extenuating circumstances. d. Technical or scientific assistance/response is required from any federal, state, city agency or private organization. e. Immediate response of investigators assigned to the Intelligence Bureau and/or the FBI/NYPD Joint Terrorist Task Force is required. Determine whether samples of the unknown substance and/or the related evidence/items should be collected and subsequently delivered to the NYC Department of Health and Mental Hygiene, Public Health Laboratory (DOHMH/PHL) for analysis to determine whether the unknown substance is a biological weapon agent or hazardous biological organism/toxin. In order to avoid unnecessary submissions to the DOHMH/PHL (i) evaluate the totality of the circumstances regarding the incident in question; (ii) consider the results of any preliminary investigation, (iii) confer with DEP/HMRU personnel, and when applicable, personnel from DOHMH, FDNY, other city, state, federal agencies and private organizations, (iv) assess any other relevant facts and circumstances. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 REVISION NUMBER: PAGE: 10/16/13 a. EMERGENCY SERVICE UNIT PERSONNEL (continued) 24. 25. 9 of 18 Absent facts or circumstances to the contrary, it would be reasonable to submit samples of the unknown substance and/or the related evidence/items (e.g., envelope, package, container, letter, contents, etc,) to the DOHMH/PHL in the following situations: (1) Express or implied CBRN/Hazardous Material threat made against the complainant/location in question and an unknown substance is present and visible. (2) Express or implied CBRN/Hazardous Material threat made against the complainant/location in question and an unknown substance may be present but it is not visible. (3) No express or implied CBRN/Hazardous Material threat made against the complainant/location in question but an unknown substance is present and visible and it cannot be logically explained by packaging, labels, contents of letter/package/container, nature of the location, nature of recipient/sender/resident or other facts and circumstances. (4) No express or implied CBRN/Hazardous Material threat made against the complainant/location in question and an unknown substance may be present but it is not visible, however, the circumstances (including the nature of the envelope, package, container, letter, contents, etc) are suspicious and the unknown substance was found in the proximity of or delivered to a senior government official or a high profile public figure or a sensitive location, (e.g., government agency, utility company, electronic/print media company, major transportation center, high profile financial institution, large high profile business, etc.); or, was found on a publicly or privately owned/operated bus, train, subway, watercraft, aircraft, etc. b. In those situations where there is no express or implied CBRN/Hazardous Material threat made against the complainant/location in question and an unknown substance may be present, whether it is visible or not, and the complainant(s) states that they are ill and believes that the unknown substance may be the cause of the illness, notify the Intelligence Bureau, Criminal Intelligence Section supervisor and confer with DOHMH/PHL personnel regarding the submission of samples of the unknown substance and the related evidence/items (e.g., envelope, package, container, letter, contents, etc,) to the DOHMH/PHL for analysis. Advise the patrol supervisor whether samples of the unknown substance(s) and/or the related evidence/items and any contaminated nonevidence waste items must be collected and transported to the DOHMH/PHL by an assigned uniformed member of the service. If samples of the unknown substance(s) and/or the related evidence/items must be collected and transported to the DOHMH/PHL for analysis to determine whether the unknown substance is a biological weapon agent or hazardous biological organism/toxin: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 10/16/13 a. EMERGENCY SERVICE UNIT PERSONNEL (continued) b. c. d. REVISION NUMBER: PAGE: 10 of 18 Immediately request the response of an Emergency Service Unit supervisor. Collect and separately package/seal each of the samples of the unknown substance and/or each of the related evidence/items and any contaminated non-evidence waste items in conformance with appropriate ESU procedures. The packaging/sealing methodology utilized by ESU personnel strictly complies with all applicable federal, state and city health/safety laws and regulations. Complete ALL CAPTIONS on the Evidence Collection/Tracking Form (Misc. 4237). Enter N/A, UNK, NONE, etc, when applicable. Comply with all other applicable ESU and Department procedures. NOTE The Emergency Service Unit supervisor will review the Evidence Collection/Tracking Form for completeness and accuracy, and will ensure that the sample(s) of unknown substance(s), the related evidence/items and any contaminated non-evidence waste items have been properly and safely packaged/sealed. PATROL SUPERVISOR 26. 27. If the packaged/sealed samples of the unknown substance and/or related evidence/items and contaminated non-evidence waste items have to be delivered to the DOHMH/PHL, designate a uniformed member of the service to perform this assignment and direct him/her to remain at the incident location until the packages are ready to be transported. If packaged/sealed samples of the unknown substance and/or related evidence/items have to be delivered to the DOHMH/PHL and/or the DEP Hazardous Materials Laboratory for analysis: a. Direct that a separate AIDED REPORT WORKSHEET (PD304152b) be prepared for each individual who was exposed to the unknown substance. (1) An AIDED REPORT WORKSHEET MUST be prepared for an individual that was exposed to the unknown substance even if the individual did not have to be decontaminated. (2) Under the “Details” section of the AIDED REPORT WORKSHEET, describe the circumstances, manner, duration, extent, etc, regarding the exposure of the aided to the unknown substance. Specifically indicate whether the aided had direct contact with the unknown substance. b. Have a COMPLAINT REPORT WORKSHEET (PD313152A) prepared and classify it as open – “Investigate Suspicious Substance” and any other offense(s) that may have been committed, e.g., aggravated harassment, disorderly conduct, harassment, reckless endangerment, menacing. (1) Refer the COMPLAINT REPORT to the Detective Squad, precinct of occurrence, for: (i) appropriate investigation; and, (ii) required notifications(s) regarding the results of the DOHMH/PHL analysis and/or DEP Hazardous Materials Laboratory analysis. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 10/16/13 REVISION NUMBER: PAGE: 11 of 18 NOTE If a member of the service is exposed to an unknown substance suspected of being a CBRN/Hazardous Material, comply with P.G. 205-10, “Exposure of Members of the Service to Infectious Diseases or Hazardous Materials” and any other applicable Patrol Guide procedures. EMERGENCY SERVICE UNIT PERSONNEL 28. 29. Identify the person who will be notified by the Detective Squad, precinct of occurrence, of the results of the DOHMH/PHL and/or DEP Hazardous Materials Laboratory analysis of the samples of the unknown substance, i.e., complainant, office manager, security director/coordinator, medical/safety coordinator, building superintendent, building manager/owner or other appropriate designated contact person. a. Enter the designated contact person’s name, title, home/work/cell telephone numbers and other required contact information in the appropriate captions on the Evidence Collection/Tracking Form. If packaged/sealed samples of the unknown substance and/or related evidence/items are being delivered to the DOHMH/PHL and/or to the DEP Hazardous Materials Laboratory notify the Intelligence Bureau, Criminal Intelligence Section from the scene and: a. Provide ESU Hammer number b. Plastic Security Envelope Number(s), if applicable. c. Obtain the next WMD Log number. (1) If packaged/sealed samples of the unknown substance and/or related evidence/items are being delivered to the DOHMH/PHL, enter the Intelligence Bureau, Criminal Intelligence Section WMD Log Number in the appropriate caption of the Evidence Collection/Tracking Form. (2) If packaged/sealed samples of the unknown substance and/or related evidence/items are being delivered to the DEP Hazardous Materials Laboratory, provide the DEP/HMRU personnel with the WMD Log Number NOTE DOHMH/PHL will not accept samples of the unknown substance and the related evidence/items unless an Evidence Collection/Tracking Form has been prepared and a WMD Log number has been issued by the Intelligence Bureau, Criminal Intelligence Section and entered on the form. INTELLIGENCE 30. BUREAU, CRIMINAL INTELLIGENCE SECTION SUPERVISOR 31. If packaged/sealed samples of the unknown substance and/or related evidence/items are being delivered to the DOHMH/PHL and/or to the DEP Hazardous Materials Laboratory, notify the FBI/NYPD Joint Terrorist Task Force Call Center and request the immediate response of investigators if they are not already responding or present. If packaged/sealed samples of the unknown substance and/or related evidence/items are being delivered to the DOHMH/PHL a. Notify the DOHMH/PHL and explain the facts and circumstances: (1) Monday – Friday, 0900 to 1700 hours, telephone DOHMH/PHL at (212) 477-1091 and ask to speak to the “BT Lab Duty Officer.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 10/16/13 PAGE: 12 of 18 (2) INTELLIGENCE BUREAU, CRIMINAL b. INTELLIGENCE SECTION SUPERVISOR (continued) EMERGENCY SERVICE UNIT PERSONNEL REVISION NUMBER: 32. 33. TRANSPORTING 34. UNIFORMED MEMBER OF THE SERVICE 35. 36. Other times, telephone the Poison Control Center at (212) 7647667 and ask to speak to the “On-Call BT Lab Duty Officer.” Notify the DOHMH/PHL Law Enforcement Receiving Intake Area by telephone at (212) 213-1410 and ask to speak to the DOHMH uniformed Officer. Deliver the packaged/sealed samples of the unknown substance, the related evidence/items and the contaminated non-evidence waste items to the designated transporting uniformed member of the service for IMMEDIATE delivery DIRECT to the DOHMH/PHL. Obtain the signature of the designated transporting officer on the Evidence Collection/Tracking Form as a receipt and to establish a chain of custody for the packaged/sealed samples of the unknown substance and/or the related evidence/items. a. Retain the ESU copy of the Evidence Collection/Tracking Form (3rd copy). b. Give the remaining four copies of the Evidence Collection/Tracking Form to the designated transporting officer, to be immediately delivered direct to the DOHMH/PHL with the packaged/sealed samples of the unknown substance, the related evidence/items and the contaminated non-evidence waste items. Take custody of the packaged/sealed samples of the unknown substance, the related evidence/items and the contaminated non-evidence waste items from the ESU personnel. a. Do not open the seals/packages. b. Exercise caution so as not to accidentally damage, break, puncture, tear, etc, the seals/packages. Confer with the ESU personnel and examine the Evidence Collection/Tracking Form to verify the number and type of packages that are being accepted for IMMEDIATE delivery DIRECT to the DOHMH/PHL. a. Sign the Evidence Collection/Tracking Form in the appropriate section. Make ACTIVITY LOG (PD112-145) entry that will record the chain of custody for the samples of the unknown substance and the related evidence/items and include: a. The rank, name, tax number and command of the collecting/packaging ESU officers. b. Total number and type of packages that are being delivered to the DOHMH/PHL. c. Plastic Security Envelope number(s) and ESU Hammer number and WMD Log number. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 PATROL SUPERVISOR 10/16/13 37. 38. 39. TRANSPORTING 40. UNIFORMED MEMBER OF THE SERVICE NOTE REVISION NUMBER: PAGE: 13 of 18 Verify that the designated transporting officer’s ACTIVITY LOG entry is complete and accurate. a. Indicate verification by signing the ACTIVITY LOG. Make appropriate ACTIVITY LOG entries and include statement indicating that an appropriate record of the chain of custody has been made. Direct the designated transporting officer to IMMEDIATELY deliver the packaged samples of the unknown substance, the related evidence/items, the contaminated non-evidence waste items and Evidence Collection/ Tracking Form DIRECTLY to the DOHMH/PHL. IMMEDIATELY transport and deliver all of the packaged/sealed samples of the unknown substance, the related evidence/items, the contaminated non-evidence waste items and Evidence Collection/Tracking Form DIRECT to the NYC Department of Health and Mental Hygiene, Public Health Laboratory (DOHMH/PHL), Law Enforcement Receiving Intake Area, located at 455 1st Avenue, New York, NY (use entrance on 26th Street between 2nd Ave and 1st Ave). The transporting officer will NOT proceed to the precinct of occurrence to voucher the packaged/sealed samples of the unknown substance and/or the related evidence/items prior to transporting/delivering them to the DOHMH/PHL. AFTER ARRIVAL AT THE DOHMH/PHL EVIDENCE INTAKE AREA TRANSPORTING 41. UNIFORMED MEMBER OF 42. THE SERVICE 43. 44. Obtain DOHMH/PHL “Accession Number” from the DOHMH uniformed Officer assigned to the evidence intake area and enter it on the Evidence Collection/Tracking Form in the appropriate caption. Obtain signature of the receiving DOHMH evidence intake area Officer on the Evidence Collection/Tracking Form in order to establish a chain of custody for the packaged/sealed samples of the unknown substance and the related evidence/items. Submit original copy of the Evidence Collection/Tracking Form to the DOHMH evidence intake area Officer. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521141A) maintained at the DOHMH/PHL evidence intake area. List the packaged/sealed samples of the unknown substance and the related evidence/items that are being submitted to the DOHMH/PHL, and categorize the property as “Investigatory”. DO NOT list the packaged/sealed contaminated non-evidence waste items on the WORKSHEET. a. Telephone desk officer, precinct of occurrence, and obtain the serial number of the next available PROPERTY CLERK INVOICE (PD521-141); and, request that this INVOICE be set aside in order to voucher the packaged/sealed samples of the unknown substance and the related evidence/items that have been delivered to the DOHMH/PHL. Write the serial number on the WORKSHEET. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 10/16/13 REVISION NUMBER: PAGE: 14 of 18 b. TRANSPORTING UNIFORMED MEMBER OF THE SERVICE (continued) 45. 46. DESK OFFICER 47. 48. 49. 50. 51. 52. Complete ALL captions on the WORKSHEET. Enter N/A, UNK, NONE, etc, when applicable. c. Enter NYPD Plastic Security Envelope serial number(s) adjacent to the associated ITEM(s) on the WORKSHEET. d. Write the following in the “Remarks” section of the WORKSHEET: “The above property was invoiced as possible CBRN/Hazardous Material evidence for investigation. DOHMH/PHL Laboratory Accession # ______. Receipted for by DOHMH Officer ______________.” e. Request DOHMH evidence intake area Officer to sign the statement in the “Remarks” section of the WORKSHEET as a receipt; or, enter “Refused Signature.” f. Prepare and sign DOHMH form Evidence/Property Custody Document and all other required DOHMH forms, reports, receipts, etc. Prior to leaving the DOHMH/PHL evidence intake area, notify the Intelligence Bureau, Criminal Intelligence Section by telephone and provide the following: a. DOHMH/PHL “Accession Number.” b. PROPERTY CLERK INVOICE serial number. c. PLASTIC SECURITY ENVELOPE serial number(s). Deliver to the desk officer, precinct of occurrence: a. Remaining copies of the Evidence Collection/Tracking Form. b. Original PROPERTY CLERK INVOICE WORKSHEET. Review the Evidence Collection/Tracking Form and PROPERTY CLERK INVOICE WORKSHEET for accuracy and completeness. Distribute the remaining copies of the Evidence Collection/Tracking Form as indicated on the bottom of the form: a. Send second copy to the Intelligence Bureau, Criminal Intelligence Section Weapons of Mass Destruction Desk, One Police Plaza, Room 1109, in the next outgoing mail. b. Fifth copy to the designated transporting officer who delivered the packages to the DOHMH/PHL. Direct that the previously set aside PROPERTY CLERK INVOICE be prepared based upon the information contained on the WORKSHEET. Review the INVOICE for accuracy and completeness. a. Utilize ACTIVITY LOG entry of delivering member of the service; and, Evidence Collection/Tracking Form; and, WORKSHEET to verify the accuracy of the INVOICE. b. Sign the INVOICE. Have the WORKSHEET attached to the INVOICE. Direct property officer to safeguard/file the INVOICE and attached WORKSHEET until notified by the Intelligence Bureau, Criminal Intelligence Section that the unknown substance was analyzed by the DOHMH/PHL. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 10/16/13 DESK OFFICER 53. (continued) 54. NOTE REVISION NUMBER: PAGE: 15 of 18 Have the information from the AIDED REPORT WORKSHEET that was previously prepared for each individual who was exposed to the unknown substance entered into the On Line Aided System (O.L.A.S.). a. Review the O.L.A.S. AIDED REPORT for accuracy and completeness. b. Ensure that a separate AIDED REPORT was prepared for each individual who was exposed to the unknown substance even if the individual did not have to be decontaminated. c. Ensure that all of the required information regarding the circumstances, manner, duration, extent, etc, of the aided’s exposure to the unknown substance is recorded under the “Details” section of the AIDED REPORT, including whether the aided had direct contact with the unknown substance. Have the information from the previously prepared COMPLAINT REPORT WORKSHEET entered into the On Line Complaint System (OLCS). a. Review the OLCS computer generated copy of the COMPLAINT REPORT for accuracy and completeness. Ensure that all of the AIDED REPORT numbers are recorded on the related COMPLAINT REPORT and that the COMPLAINT REPORT number is recorded on all of the related AIDED REPORTS. 55. 56. Notify the Detective Squad, precinct of occurrence and forward to them the following documents: a. Fourth copy of the Evidence Collection/Tracking Form. b. Appropriate copies of the PROPERTY CLERK INVOICE. c. Copy of all of the related AIDED REPORTS. d. Copy of the OLCS computer generated COMPLAINT REPORT. Fax the following documents to the Intelligence Bureau, Criminal Intelligence Section and call the Intelligence Bureau, Criminal Intelligence Section supervisor to verify that the FAX was received: a. Second copy of the completed Evidence Collection/Tracking Form. b. Copy of the PROPERTY CLERK INVOICE. c. Copy of the OLCS computer generated COMPLAINT REPORT. d. Copy of all of the related AIDED REPORTS. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 10/16/13 REVISION NUMBER: PAGE: 16 of 18 AFTER NOTIFICATION TO THE INTELLIGENCE BUREAU, CRIMINAL INTELLIGENCE SECTION FROM THE DOHMH/PHL AND/OR THE DEP HAZARDOUS MATERIALS LABORATORY REGARDING RESULTS OF THE ANALYSIS OF THE UNKNOWN SUBSTANCE 57. Inform the Operations Coordinator, precinct of occurrence, of the results of the DOHMH/PHL and/or DEP Hazardous Materials Laboratory analysis of the unknown substance. 58. OPERATIONS COORDINATOR, 59. PRECINCT OF OCCURRENCE Have involved members of the service notified of the results of the analysis of the unknown substance. After being notified of the results of a DEP Hazardous Materials Laboratory analysis of the unknown substance comply with the instructions of the Intelligence Bureau, Criminal Intelligence Section supervisor. After being notified of the results of a DOHMH/PHL analysis of the unknown substance: a. If the results of the analysis are NEGATIVE a member of the service: (1) MUST respond within seventy two hours to the DOHMH/PHL, Room 203, from Monday to Friday, between 0800 and 1600 hours, with the copies of the PROPERTY CLERK INVOICE to retrieve the vouchered packages. (2) Identify any vouchered items/packages that cannot be retrieved from DOHMH/PHL. Make appropriate entries on the PROPERTY CLERK INVOICE to account for the missing vouchered items/packages and explain the reason why the items/packages are missing and are not being retrieved, e.g., consumed during sample analysis, destroyed during decontamination, transferred to another laboratory. (3) In the appropriate area of the PROPERTY CLERK INVOICE print the rank, name and tax number of the DOHMH evidence Officer. Have the DOHMH evidence Officer sign the entry as a receipt for the vouchered items/packages being retrieved and a verification of the missing vouchered items/packages; or, enter “Refused Signature.” (4) Prepare and sign DOHMH form Evidence/Property Custody Document and all other required DOHMH forms, reports, receipts, etc. INTELLIGENCE BUREAU, CRIMINAL INTELLIGENCE SECTION SUPERVISOR 60. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-101 REVISION NUMBER: PAGE: 10/16/13 17 of 18 (5) OPERATIONS COORDINATOR, PRECINCT OF OCCURRENCE (continued) 61. 62. Deliver the retrieved vouchered items/packages and PROPERTY CLERK INVOICE to the desk officer, precinct of occurrence, for processing according to the applicable Department guidelines. b. If the results of the analysis are POSITIVE, comply with the instructions that are provided by the ranking member of the service making the notification. Notify the Detective Squad supervisor, precinct of occurrence, of the results of the DOHMH/PHL and/or DEP Hazardous Materials Laboratory analysis of the unknown substance. If applicable, notify Medical Division of the results of the DOHMH/PHL and/or DEP Hazardous Materials Laboratory analysis of the unknown substance in compliance with P.G. 205-10, “Exposure of Members of the Service to Infectious Diseases or Hazardous Materials.” PRECINCT DETECTIVE SQUAD SUPERVISOR 63. Ensure that the individual identified as the designated contact person on the Evidence Collection/Tracking Form is notified of the results of the DOHMH/PHL and/or DEP Hazardous Materials Laboratory analysis of the unknown substance. a. When the laboratory analysis results are negative, if other offense(s) may have been committed, it will be the responsibility of the assigned detective to fully investigate the incident. ADDITIONAL DATA When members of the NYPD respond and determine that an unknown substance is not CBRN/Hazardous Material evidence and does not otherwise have to be collected/packaged and/or vouchered/safeguarded; if another agency responds and collects/packages the unknown substance, then the NYPD will NOT take custody of the package(s) from the involved agency absent new or additional information indicating the unknown substance is CBRN/Hazardous Material evidence and/or must be collected/packaged and/or vouchered/safeguarded by the NYPD. The patrol supervisor will respond and interview the involved agency supervisor and confer with the Emergency Service Unit supervisor and the Intelligence Bureau, Criminal Intelligence Section supervisor. If there is an issue that cannot be resolved, the patrol supervisor will request the immediate response of the Duty Captain. RELATED PROCEDURES Exposure of Members of the Service to Infectious Diseases or Hazardous Materials (P.G. 205-10) Hazardous Materials (P.G. 212-37) Bomb Threats/Unattended Articles - Suspected/Reported Explosive Devices and Post Explosion Bomb Scenes (P.G. 212-40) Emergency Incidents (P.G. 213-02) Citywide Incident Management System (P.G. 220 Series) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT WORKSHEET (PD313-152A) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-101 FORMS AND REPORTS (continued) DATE EFFECTIVE: REVISION NUMBER: 10/16/13 PAGE: 18 of 18 Evidence Collection/Tracking Form (Misc 4237) Evidence/Property Custody Document NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-102 PERSONAL RADIATION DETECTION PAGER ALARMS DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 3 PURPOSE To investigate personal radiation detection pager alarms emanating from radiological materials that may endanger the public, and to establish a process to record occurrences of radiation alerts for the purpose of: a. Investigating elevated readings b. Determining if further investigation or action is warranted c. Documenting locations where activations have occurred. SCOPE Personal radiation detection pagers, designed as early warning devices, will be issued ONLY to trained supervisors/designated members in order to detect/investigate the presence of hazardous radiological materials that may endanger the public and members of the service. DEFINITIONS For the purpose of this procedure, the following definitions will apply: PERSONAL RADIATION DETECTION PAGER ALARM - A sensitive search device, usually pager sized, designed to alert increased levels of gamma radiation. The alerts allow the wearer to track, isolate and identify sources emitting gamma radiation. Personal radiation detection pager alarms are designed as interdiction tools alerting officers to the presence of radiation fields that they would not normally be aware of. NOTE Personal radiation detection pager alarms shall be deployed in accordance with P.G. 219-27, “Issuance and Maintenance of Radiation Detection Pagers Assigned to Commands.” HOSTILE ALARM – Through investigation, interview, and/or personal experience, the trained supervisor/designated member determines that the alarm activation resulted from a reading emanating from a substance or device that is suspicious or criminal in nature or if the member cannot identify the source of an alarm. IDENTIFIED ALARM – Through investigation, interview and/or personal experience, trained supervisor/designated member identifies alarm as both noncriminal and non-threatening. Examples of sources that may cause an identified alarm include, but are not limited to: licensed medical transporters, power plants, research/medical facilities, naturally occurring background radiation and common construction materials. INNOCENT ALARM – Through investigation, trained supervisor/designated member determines that the alarm activation was due to the proximity to an individual following, or who is in the course of receiving medical radiation treatment. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-102 PROCEDURE REVISION NUMBER: PAGE: 10/16/13 2 of 3 Upon alarm activation of the personal radiation detection pager, and detection of elevated radiation readings: IF ABLE TO LOCATE SOURCE AND IDENTIFY AS AN “IDENTIFIED” OR “INNOCENT” ALARM NOTE Supervisors of specialized units present at the scene will perform the duties of the platoon commander/patrol supervisor regarding necessary reporting requirements. TRAINED MEMBER UTILIZING PAGER 1. 2. Make appropriate ACTIVITY LOG (PD112-145) entries. Notify platoon commander/patrol supervisor. PLATOON COMMANDER/ PATROL SUPERVISOR 3. 4. Respond to scene and conduct investigation. Notify Counterterrorism Bureau, Lower Manhattan Security Coordination Center (LMSCC), for ALL alarms, including “Innocent,” “Identified,” or “Hostile” alarms. Make appropriate ACTIVITY LOG entries. 5. IF UNABLE TO IDENTIFY OR LOCATE SOURCE, OR ABLE TO IDENTIFY AS A “HOSTILE” ALARM TRAINED MEMBER UTILIZING PAGER 6. 7. 8. Conduct preliminary field investigation to determine source. Request the response of the platoon commander/patrol supervisor. Establish the boundary where the alarm no longer signals radiation levels and isolate and contain all persons inside boundary line and possible contaminated area. a. Immediately request the response of Emergency Service Unit personnel. b. Do not allow persons to enter affected area pending a determination by ESU as to whether or not decontamination is necessary. An AIDED REPORT WORKSHEET (PD304-152b) will be completed for any persons who may have been exposed. Comply with P.G. 212-37, “Hazardous Materials,” P.G. 212-101, “Processing Unknown Substances Suspected of Being Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Materials Evidence,” and P.G. 220 Series, “Citywide Incident Management System (CIMS),” if appropriate. PLATOON COMMANDER/ PATROL SUPERVISOR 9. Respond to scene and take appropriate action in accordance with the nature or severity of the perceived threat. a. Determine if additional personnel/equipment is needed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-102 REVISION NUMBER: PAGE: 10/16/13 3 of 3 b. PLATOON COMMANDER/ PATROL SUPERVISOR (continued) 10. Assume role as initial Incident Commander and comply with P.G. 212-37, “Hazardous Materials,” P.G. 212-40, “Bomb Threats /Unattended Articles – Suspected/Reported Explosive Devices and Post Explosion Bomb Scenes,” P.G. 213-03, “Rapid Mobilization,” P.G. 212-101, “Processing Unknown Substances Suspected of Being Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Materials Evidence,” and P.G. 220 Series, “Citywide Incident Management System (CIMS),” if appropriate. Confer with a supervisor from patrol precinct concerned if the trained member utilizing the radiation pager is not assigned to that patrol command prior to making a determination that an alarm is hostile. Supervisory officers of patrol commands may have previous knowledge of the source location of the alarm and may know the cause to be non hostile. NOTE 11. 12. 13. 14. 15. 16. 17. 18. Notify police service area (PSA) or transit district desk officer if an alarm was activated on police service area (PSA) or transit district property. Notify duty captain concerned via Patrol Borough Wheel. Notify Counterterrorism Bureau, Lower Manhattan Security Coordination Center (LMSCC) for ALL alarms, including “Innocent,” “Identified,” or “Hostile” alarms. Notify Operations Division. Notify Intelligence Bureau WMD Desk to obtain log number. Conduct investigation. Make ACTIVITY LOG entry. Direct the preparation of COMPLAINT REPORT (PD313-152) if incident requires further investigation. ESU MEMBER 19. 20. Respond, identify source and take appropriate action. Ensure ESU supervisor is responding. RELATED PROCEDURES Hazardous Materials (P.G. 212-37) Bomb Threats/Unattended Articles – Suspected/Reported Explosive Devices and Post Explosion Bomb Scenes (P.G. 212-40) Rapid Mobilization (P.G. 213-03) Issuance and Maintenance of Radiation Detection Pagers Assigned to Commands (P.G. 219-27) Processing Unknown Substances Suspected of Being Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Materials Evidence (P.G. 212-101) Citywide Incident Management System (CIMS) (P.G. 220 SERIES) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT (PD313-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-103 CRIME INFORMATION CENTERS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To properly identify what should be posted in a precinct, PSA or transit district “Crime Information Center,” and identify those responsible for maintaining this information. DEFINITION CRIME INFORMATION CENTER - A central command repository for the dissemination of information that will assist MOS in the apprehension of wanted persons and the detection and identification of criminal activity. The Crime Information Center will guide deployment of resources and increase officer safety. The Crime Information Center is to be situated in the command’s muster room and will be maintained on either bulletin boards or in wall mounted glass cases. The Crime Information Center is to be kept neat, orderly and free of obstructions. PROCEDURE To assist crime control and maximize officer safety by providing ready access to current crime intelligence and information on fugitives and other wanted or dangerous criminals that may be encountered in the field. OPERATIONS COORDINATOR 1. 2. CRIME ANALYSIS SUPERVISOR 3. Oversee the maintenance of the Crime Information Center and ensure deficiencies are corrected. Act as a liaison between the crime analysis personnel, detective squad and field intelligence officer and other appropriate personnel. Ensure that the Crime Information Center is updated and maintained as follows: a. Crime Maps - Post current and accurate maps for the following: i. Twenty-eight day maps, electronic maps if available, for the seven major felony crimes, and shooting incidents. ii. Year to date maps, electronic maps if available, for murder. iii. Year to date maps, electronic maps if available, for shooting incidents. b. Crime Breakdown - Post “running” twenty-eight day spread sheets for each of the seven major felony crimes and for shooting incidents. The following data will be included: i. Date ii. Day of week iii. Time iv. Address v. Type of location, e.g., elevator, park, street vi. Complaint number vii. Sector/Development viii. Brief synopsis of details ix. Sex, race and age of victim x. Suspect’s description (if applicable) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-103 PAGE: 08/01/13 c. CRIME ANALYSIS SUPERVISOR (continued) d. e. f. NOTE REVISION NUMBER: 2 of 5 Crime Trends, Clusters, Alerts - Post all trends, clusters, alerts and intelligence information that are generated by the Patrol Borough Pattern Identification Module (PIM), and that affect the command. Surveillance Systems - Post one map identifying all of the camera locations and a list of addresses where the cameras are deployed throughout the command regarding the following: i. A.R.G.U.S. ii. V.I.P.E.R. iii. Operation Safe Store iv. Housing Authority Small Scale Camera Systems v. Transit Authority C.C.T.V. vi. Red light enforcement (Department of Transportation) vii. Any other appropriate camera programs or initiatives as they are developed and implemented. Impact and Impact Overtime Zones i. Post map with current Impact Zone boundaries, and days and hours of deployment. ii. Post map with current Impact Overtime Zone boundaries, and days and hours of deployment. iii. Post map with current deployment and zone boundaries for any programmatic enforcement overtime initiative/strategy conducted within a narrowly focused and defined target area. Identify the name of the program, initiative or strategy and list days and hours of deployment. Weekly/revised COMMAND CONDITIONS REPORT, as appropriate. Crime maps and crime details will be posted weekly before 1400 hours each Tuesday. Other maps, if applicable to the command, will be posted in a timely manner. Disclosure of domestic violence crime victim information is in violation of Mayor’s Executive Orders Number 34 and 41. Therefore, information regarding the status of a person as a “Domestic Violence Crime Victim” (i.e., victim listed on a Domestic Violence Unit’s “High Propensity List”) cannot be displayed within a Crime Information Center. DETECTIVE SQUAD SUPERVISOR 4. Ensure the timely posting of the following items in the Crime Information Center of affected commands: a. Crime Patterns – All patterns affecting the command, including borough and citywide patterns, from units such as, but not limited to: i. Central Robbery Division ii. Special Victims Squads iii. Major Case Squad iv. Financial Crimes Task Force v. I.A.B., Police Impersonation Squad vi. Auto Crime Division NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-103 PAGE: 08/01/13 3 of 5 b. DETECTIVE SQUAD SUPERVISOR (continued) 5. FIELD INTELLIGENCE OFFICER REVISION NUMBER: 6. Wanted Person Photos - Photos of wanted persons in the following priority order: i. Subjects wanted by the command. ii. Subjects wanted by other commands who live within the confines of the command. iii. Subjects wanted by other commands who live in New York City. c. Investigation Cards (I-Cards) - Photos of “Probable Cause to Arrest” Investigation Card (I-Card) subjects within twenty-four hours after the I-Card is activated. i. Commands with a large number of I-Cards, should post photos and information regarding individuals who are the subjects of “Probable Cause to Arrest” I-Cards for Homicide, Non-Fatal Shooting and Robbery. ii. Photos regarding “Probable Cause to Arrest” I-Cards for subjects wanted for other crimes may be maintained on clipboards in the Crime Information Center. Ensure the following items are removed from the Crime Information Center: a. Remove photos of “Probable Cause to Arrest” I-Card subjects within twenty-four hours after the subject is arrested on the ICard or the I-Card is otherwise deactivated. b. Remove all closed patterns within twenty-four hours of notification that the pattern has been closed. Ensure current and accurate lists of the following are posted in the Crime Information Center by the fifth of each month: a. NYS Parolees - Active N.Y.S. Parolees who reside within the command/development(s). Include the: i. Parolee’s address ii. Crime iii. Conditions of Parole b. Top 500 Burglars - “Top 500 Burglar” list as follows: i. Persons arrested for Burglary in the command. ii. Persons arrested for Burglary in other commands /development(s), who reside in the command /development. c. Gang Members - Listing of active gang members who reside within the command/development(s), and indicate their gang affiliation. d. Post the names, addresses and a photo of persons who are designated as chronic offenders. i. Commanding officers will determine what criteria will be used to define a chronic offender based upon command conditions. For example, a command with a robbery condition may choose to define a chronic offender as a person who has been arrested for robbery within the involved command two or more times during the previous five years. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-103 NOTE REVISION NUMBER: PAGE: 08/01/13 4 of 5 The field intelligence officer should confer with the commanding officer and prioritize postings required in step “6” subdivisions “a” through “d” above. If the field intelligence officer position is vacant these functions will be performed by an appropriate member designated by the commanding officer. BOROUGH ADJUTANT 7. 8. ADDITIONAL DATA Designate appropriate borough level supervisor to inspect the Crime Information Centers, at least once a month. Ensure that the commanding officer expeditiously corrects any deficiencies. Commanding officers should designate space in the Crime Information Center to be utilized for command specific conditions. “Cash for Guns” and “Gun Stop” posters should NOT be placed inside the Crime Information Center. Instead, display “Cash for Guns” and “Gun Stop” posters prominently in a significant number of appropriate locations throughout the command where they will be readily viewed by the public. Examples include: a. Entrance vestibule of the command b. Lobby of the command c. 124 room d. Arrest processing area e. Desk area f. Interview room g. Debriefing location h. Detective Squad, if applicable HOUSING BUREAU In addition to the above, the following issues specific to Housing Bureau commands are noted: a. Police Service Area Crime Information Centers will be partitioned by precinct areas serviced by the PSA. A listing of developments, maps, patterns, crime breakdowns, photos of wanted persons, etc. will be posted in each section. Where applicable, the housing development where crimes are occurring, or where wanted persons/fugitives, etc., are known to frequent, will be specifically indicated. b. V.I.P.E.R. base, satellite commands, hi-tech police rooms, and other Housing Bureau substations will maintain a Crime Information Center appropriate to their area of responsibility. PSA commanders will designate a supervisor assigned to each subcommand to coordinate with the PSA Crime Analysis Unit and ensure updated and accurate data. c. The Detective Borough Operations Commanding Officer will ensure that detective commands directly coordinate with the PSA Operations Coordinator to ensure that step “4” and step “5” of this order are complied with. d. The duties of the Patrol Borough Adjutant will be performed by the Housing Borough Executive Officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-103 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 TRANSIT BUREAU In addition to the above, the following issues specific to Transit Bureau commands are noted: a. Transit District Crime Information Centers will be partitioned by the precinct areas serviced by the District. Subway line/station maps, street maps, patterns, crime breakdowns, photo of wanted persons, etc., will be posted in each section. Where applicable, the subway line/station where crimes are occurring, or where wanted persons/fugitives, etc., are known to frequent will be specifically indicated. b. District commanding officers will designate the Crime Analysis Supervisor to directly coordinate with detective squads, the Borough Pattern Identification Module, and others, to facilitate the timely exchange of information, updates, etc., and dissemination of materials. c. The Detective Borough Operations Commanding Officer will ensure that detective commands directly coordinate with the District Crime Analysis Supervisor to ensure that step “4” and step “5” of this order are complied with. d. The duties of the Patrol Borough Adjutant will be preformed by the Transit Borough Executive Officer. e. The Transit District Crime Analysis Supervisor will obtain the information listed in step “6” subdivision “a” from the Transit Bureau’s Special Projects Lieutenant. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-104 INTERACTION WITH HEARING IMPAIRED PERSONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To facilitate the process of effective communication with members of the public who are hearing impaired, including aided cases, crime victims, witnesses, suspects or arrestees, and to obtain information from such individuals, through the use of sign language interpreters or other auxiliary aids and services. SCOPE The Americans with Disabilities Act, state and local law, in addition to Department policy and procedure, requires that the Department maintain effective services, practices and policies to ensure that the needs of hearing impaired individuals are protected. DEFINITIONS HEARING IMPAIRED – A person who possesses hearing abilities that are limited to the extent that it constitutes a substantial limitation of an individual’s activities. The impairment is to such a degree that it will be readily apparent to a member of the service that the individual has difficulty understanding what is communicated orally. AUXILIARY AIDS – In addition to the services of a qualified sign language interpreter, the use of gestures or visual aids to supplement oral communication, use of a notepad and pen/pencil to exchange written notes, use of an assistive listening system or device to amplify sound or other effective methods of delivering information or communicating with an individual who is hearing impaired. Auxiliary aids may also include the use of text telephones or other devices, accessed via use of a Telecommunications Relay Service (TRS), or an individual’s personal communication device (such as a personal digital assistant [PDA], telephone with text capability, etc.). NOTE The type of aid that will be required for effective communication will depend on the hearing impaired person’s usual method of communication. To serve each individual effectively, primary consideration should be given to providing the type of communication aid or service requested by the individual. Persons with hearing impairments must not be charged for the cost of an auxiliary aid or service which is needed for effective communication. QUALIFIED SIGN LANGUAGE INTERPRETER – A qualified sign language interpreter is one who is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary. A qualified interpreter must be able to interpret impartially, therefore, under some circumstances (e.g., a domestic dispute, etc.), a family member, child or friend of the individual with a hearing impairment may not be qualified to render the necessary interpretation. NOTE Every effort should be made to have a person not connected with the incident serve as an interpreter. In exigent circumstances, the need to immediately communicate may take precedence over the effort to secure an interpreter not involved in the incident. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-104 DEFINITIONS (continued) REVISION NUMBER: PAGE: 08/01/13 2 of 3 TELECOMMUNICATIONS RELAY SERVICE (TRS) – The Federal Communications Commission (FCC) has adopted use of the “711” dialing code for access to TRS. This permits persons with a hearing or speech disability to use the telephone system via a telephone typewriter (TTY) or other device to call persons with or without such disabilities. Conversely, voice users can also dial “711” to be connected to a TRS operator, who will then relay the message to a person with a hearing or speech disability via a TTY or other device. 311 SYSTEM FOR INDIVIDUALS WITH HEARING IMPAIRMENTS – The City of New York also maintains a “311” non-emergency system for individuals with hearing impairments. Persons with hearing impairments who wish to inquire about City services or make complaints regarding a specific City agency or service, can be directed to TTY number (212) 504-4115. The “311” operator will then direct the inquiry/complaint to the appropriate City agency. PROCEDURE When a member of the service has cause to interact with an individual who is hearing impaired: MEMBER OF THE SERVICE 1. 2. 3. 4. NOTE Ascertain from the person with the hearing impairment the type of auxiliary aid or services he/she requires. Utilize appropriate auxiliary aids to facilitate communication. Contact the desk officer if the services of a qualified sign language interpreter are needed. Follow P.G. 208-03, “Arrests – General Processing” in arrest situations where probable cause has been established. In cases where probable cause has been developed, the arrest of a hearing impaired person shall proceed in accordance with standard arrest and safety procedures. Should communication with a hearing impaired suspect be necessary to establish probable cause, or for a pre-arrest interview, etc., the appropriate auxiliary aid should be employed. When dealing with hearing impaired arrestees, auxiliary aids will be used to communicate with the arrestee (e.g., informing arrestee of charges and nature of the offense, interrogation, etc.). In situations where an arrestee would be permitted use of a telephone, a qualified sign language interpreter can be used to communicate for a hearing impaired arrestee, and the use of the TRS can be employed where the recipient of a call uses a TTY. 5. Document in detail any auxiliary aids utilized in ACTIVITY LOG (PD112-145). DESK OFFICER 6. 7. Ensure that auxiliary aids are utilized, if necessary. Evaluate whether the services of a qualified sign language interpreter are necessary. NOTE In cases where the services of a qualified sign language interpreter are needed, the Operations Unit should be contacted. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-104 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 8. (continued) 3 of 3 Make entry in the Command Log regarding: a. Type of auxiliary aid used; or b. Reason(s) for not using auxiliary aid(s) (i.e., qualified sign language interpreter, etc.). RELATED PROCEDURES Preliminary Investigation of Complaints (Other than Vice Related or Narcotics Complaints) (P.G. 207-07) Arrests – General Processing (P.G. 208-03) Rights of Persons Taken into Custody (P.G. 208-09) Guidelines for Interaction with Limited English Proficient (LEP) Persons (P.G. 212-90) Grievance Procedure for Members of the Public with Disabilities (A.G. 308-06) FORMS AND REPORTS ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-105 SEARCH WARRANT EXECUTION DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 5 PURPOSE To provide the guidelines necessary when executing a search warrant: SCOPE Executing search warrants is an integral part of the Department’s law enforcement mission. P.G. 212-75, “Search Warrant Applications,” details the search warrant application procedures. This procedure will detail the procedures for execution of a search warrant. To ensure the safety of both uniformed members of the service and the general public, ALL commands involved in executing search warrants MUST utilize and refer to these guidelines. Search Warrants may only be executed between 0600 and 2100 hours unless the issuing court specifically authorizes nighttime execution. Warrants must be executed within ten calendar days of date of issuance, including weekends and holidays. If a warrant expires before its execution, the Intelligence Bureau, Public Security Section must be notified of this fact by telephone. PROCEDURE Upon obtaining a search warrant: UNIFORMED MEMBER OF THE SERVICE CONCERNED 1. Submit the following to commanding officer: a. Search Warrant b. Search Warrant Affidavit, if available c. Typed Letterhead prepared by supervisor reviewing initial application as directed by P.G. 212-75, “Search Warrant Applications.” CAPTAIN OR ABOVE, UNIT COMMAND EXECUTING WARRANT 2. Ensure that the WARRANT TRACKING SYSTEM–PRE-WARRANT DATA ENTRY (PD374-143) has been prepared and FAXED to the Intelligence Bureau, Public Security Section for input into the centralized search warrant database; AND an Intelligence Data System (IDS) record number has been obtained. (See ADDITIONAL DATA section “Notification to Intelligence Bureau, Public Security Section” for special procedures and exceptions). a. Confirm receipt of WARRANT TRACKING SYSTEM–PREWARRANT DATA ENTRY by the Intelligence Bureau, Public Security Section. NOTE The District Attorney’s Office will NOT process a search warrant without a SAFETNet control number and an IDS record number. 3. Prior to execution, confirm that all information used to obtain the Search Warrant is still valid by ensuring that: a. Any confidential informants/civilian witnesses are re-interviewed. b. Target location is verified immediately prior to execution. c. Any other elements of probable cause contained in the Search Warrant Application are still valid. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-105 CAPTAIN OR ABOVE, UNIT EXECUTING WARRANT (continued) 4. 5. 2 of 5 Evaluate any circumstances that suggest the search warrant must be executed as soon as possible (e.g. a large cache of firearms or drugs is present and is about to be moved). Notify Operations Unit of the following: a. The bureau/command responsible for securing and executing the warrant, and b. The time and location of the tactical meeting. c. IDS record number. Make necessary notifications to commands and/or bureaus affected as outlined in ADDITIONAL DATA section, “Protocol For Executing Warrants Outside Of Command Of Origin”. a. Document notifications in case folder. Excluding exigent circumstances, the aforementioned notifications to the geographical bureaus/commands (Patrol, Housing, etc.) and functional investigative commands (Narcotics, Firearms Investigation Unit, etc.) affected will be made at least 24 hours prior to the tactical meeting. The exact location of the proposed search warrant execution will be revealed only on a need to know basis to ensure safety and to avoid compromising the pending operation. 7. 8. NOTE PAGE: 10/16/13 6. NOTE REVISION NUMBER: Designate a member to prepare a SEARCH WARRANT PLAN PREEXECUTION (PD 374-150), commonly referred to as a “Tactical Plan.” Conduct a tactical plan briefing with all units concerned. a. Ensure that all members involved in the execution of the warrant are present. b. Review the warrant and ensure that all members understand its scope and any special instructions listed thereon. c. Carefully consider and inform participants of any conditions that may have changed since the warrant was issued. d. Designate the assignment of personnel, including search responsibilities, recording responsibilities, security, hospital auto, etc. e. Ensure that hazards and special considerations are discussed and thoroughly understood. f. Review the intended use of specialized tools and tactical devices g. If Emergency Service Unit personnel are to be utilized, detail their specific duties. When use of a distraction device (e.g. flash bang) is contemplated, specific approval must be sought from the Chief of Department, through channels. h. i. Ensure firearms control Have members articulate their roles in the execution to be certain they understand their duties and responsibilities. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-105 REVISION NUMBER: PAGE: 10/16/13 3 of 5 EXECUTION OF THE WARRANT CAPTAIN OR ABOVE, UNIT EXECUTING WARRANT 9. NOTE When unusual circumstances are encountered during the execution of a search warrant (e.g., warrant executed at an incorrect location, etc.) an immediate notification will be made to the Chief of Department through the Operations Unit. 10. Notify the patrol borough duty captain of the pending search warrant execution. Personally supervise the execution of the search warrant according to the tactical plan, ensuring that: a. Entry team announces authority and purpose to occupant of premises unless the issuing judge endorsed warrant for “no-knock” execution b. Perpetrators are detained and contraband listed on warrant is seized. Once the target premises has been rendered safe, access should be strictly limited only to the uniformed members designated as the search team. All other uniformed members should be excluded from the location. The member of the service executing the search warrant shall, when able to do so safely, show a copy of the search warrant to any of the occupants of the premises. Contraband or evidence not specified in the warrant may be seized pursuant to the “Plain View Doctrine” (see Legal Bulletins Vol. 13, No. 5 and Vol. 17, No. 6 for an explanation of the “Plain View Doctrine”). If a police officer is lawfully in a premises pursuant to a search warrant, such officer may seize contraband or evidence if: a. The incriminating nature of the seized item is immediately apparent, and b. The discovery of the item is inadvertent. 11. 12. 13. 14. UNIFORMED MEMBER OF THE SERVICE 15. 16. Obtain medical attention if necessary. Have premises secured in compliance with P.G. 214-20, “Repair of Entrances Damaged During Forced Warrant Entry into Wrong Premises or During an Entry Made During Exigent or Other Unusual Circumstances”). Make repairs as necessary (refer to “DAMAGED DOORS” in ADDITIONAL DATA). Have before and after photos taken of premises to record any corrective action taken and final condition of the premises. Notify the Operations Unit of results. Prepare PROPERTY CLERK INVOICE (PD521-141) for any property seized. Prepare two detailed copies of Receipt for Property Taken Under Search Warrant (Court Form 155). a. Deliver one copy to occupant or leave in a conspicuous place if occupant is not present. b. File second copy with affidavit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-105 REVISION NUMBER: PAGE: 10/16/13 4 of 5 UNIFORMED MEMBER OF THE SERVICE (continued) 17. NOTE The WARRANT TRACKING SYSTEM–POST-WARRANT DATA ENTRY form will also be prepared for warrants that went unexecuted; and, it is required that the WARRANT TRACKING SYSTEM–POST-WARRANT DATA ENTRY form be faxed to the Public Security Section no later than fifteen days after the date that the search warrant was issued. Confirm receipt of the WARRANT TRACKING SYSTEM–POSTWARRANT DATA ENTRY form by the Intelligence Bureau, Public Security Section by telephone. 18. 19. ADDITIONAL DATA Prepare the required WARRANT TRACKING SYSTEM–POSTWARRANT DATA ENTRY (PD374-143A) form and submit to the Intelligence Bureau, Public Security Section via fax, no later than fifteen days after the date that the search warrant was issued. a. Confirm receipt of WARRANT TRACKING SYSTEM– POST-WARRANT DATA ENTRY form by the Intelligence Bureau, Public Security Section by telephone. Return warrant and copy of PROPERTY CLERK INVOICE listing property seized, to issuing court, without unnecessary delay. Prepare SEARCH WARRANT PLAN POST-EXECUTION (PD374-150A). NOTIFICATIONS TO THE INTELLIGENCE BUREAU, PUBLIC SECURITY SECTION The notification to the Intelligence Bureau, Public Security Section shall apply to all units obtaining search warrants (Patrol Services, Detective Bureau, O.C.C.B., Joint Task Forces, etc.). However, should a specific legal concern arise with respect to entering search warrant information into the database, the member concerned shall confer with the Legal Bureau prior to contacting the Intelligence Bureau, Public Security Section. In the event the advice is provided by the Legal Bureau not to make data entry, such consultation shall be noted in the case file along with the specific basis for the advice, e.g., Grand Jury action. Additionally, in situations where a search warrant is based on extremely sensitive information, e.g. counterterrorism, internal investigations, etc., in order to exclude the search warrant from inclusion in the database, the member of the service must receive written permission from the Bureau Chief/Deputy Commissioner concerned. This documentation will be included in the case file. In instances where a member of this Department, assigned to specialized units including but not limited to a Joint Task Force or a District Attorney’s Office Squad, may participate in the execution of a search warrant but not be an affiant to a search warrant application affidavit, such member is required to follow the contents of this procedure. If a member of this Department, assigned to a Joint Task Force, etc., is directed by a supervisor from another agency not to make the notifications required by this directive, such member shall immediately notify the Bureau Chief/Deputy Commissioner concerned. PROTOCOL FOR EXECUTING WARRANTS OUTSIDE OF COMMAND OF ORIGIN Whenever a unit from any bureau executes a search warrant, the precinct commander (and P.S.A. commander if a Housing Authority location is involved) having geographical jurisdiction where the warrant is being executed, must be notified at least 24 hours prior to the tactical briefing. Additionally, the patrol borough commanding officer/executive officer where the search warrant is being executed must be notified at least 24 hours prior to the tactical briefing. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-105 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 5 of 5 If warrant is to be executed by a Patrol Services Bureau command in another patrol borough, the approval of both borough Commanding Officers is necessary. In the event of a disagreement, the Chief of Patrol will make the final determination. When a command in any other bureau is applying for a search warrant to be executed in another jurisdictional borough, the executive officer/counterpart of that borough must be consulted with, e.g., Manhattan North Narcotics applying to execute a search warrant in the Bronx, the executive officer/counterpart of Manhattan North Narcotics will consult with the executive officer/counterpart of Bronx Narcotics. ADDITIONAL DATA (continued) In all cases, specialized units such as the Narcotics Division, Firearms Investigation Unit, etc. will be conferred with prior to the execution of a warrant when the subject of the warrant falls within their functional jurisdictions. When a search warrant is executed by a unit outside its normal geographical area of responsibility, the command where the search warrant is being executed will provide liaison personnel to assist in the planning and execution of the search warrant. DAMAGED DOORS The commanding officer leading the warrant execution will ensure that any door damaged during the course of a warrant execution is secured/repaired prior to the release of the premises from police custody. This requirement applies to ALL search warrant entries, regardless of outcome. INVESTIGATIONS UNITS All Patrol Boroughs, Transit Bureau, Housing Bureau, Detective Bureau and Organized Crime Control Bureau will ensure their respective investigations units conduct periodic inspections of pre-operational tactical meetings to assess their adequacy and completeness. RELATED PROCEDURES Confidential Informants (P.G. 212-68) Repair of Entrances Damaged During Forced Warrant Entry into Wrong Premises or During an Entry Made During Exigent or Other Unusual Circumstances (P.G. 214-20) Search Warrant Applications (P.G. 212-75) Search Warrant Post-Execution Critique (P.G. 212-106) FORMS AND REPORTS SEARCH WARRANT PLAN PRE-EXECUTION (PD 374-150) SEARCH WARRANT PLAN POST-EXECUTION (PD374-150A) WARRANT TRACKING SYSTEM – PRE-WARRANT DATA ENTRY (PD374-143) WARRANT TRACKING SYSTEM – POST-WARRANT DATA ENTRY (PD374-143A) PROPERTY CLERK INVOICE (PD521-141) Search Warrant Search Warrant Affidavit Typed Letterhead Receipt for Property Taken Under Search Warrant (Court Form 155) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-106 SEARCH WARRANT POST-EXECUTION CRITIQUE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To ensure a post warrant review and written critique are conducted after the execution of a search warrant. PROCEDURE Within five days of execution of a search warrant: CAPTAIN OR ABOVE, UNIT EXECUTING WARRANT 1. 2. 3. 4. Review SEARCH WARRANT PLAN POST-EXECUTION (PD374150A). Prepare written critique on Typed Letterhead addressed to Chief of Department and include: a. Evaluation of tactical plan and methods used during entry. b. Problems encountered during execution. c. Persons arrested, including background information. d. Special hazards encountered. e. Damage incurred, and security/repairs provided. f. Detailed list of contraband and/or evidence seized. g. Date and time warrant was returned to issuing court. h. Any other pertinent information. Forward written critique and a copy of the SEARCH WARRANT PLAN POST-EXECUTION to overhead command. Ensure that a case folder of all paperwork (tactical plan, computer checks, arrest/aided information, post warrant critique, etc.) is maintained in a secure location. NOTE For search warrants executed by the Internal Affairs Bureau, the required postexecution critique will be forwarded through channels to the Chief of Internal Affairs, and then directly to the Police Commissioner. OVERHEAD COMMAND 5. RELATED PROCEDURES Confidential Informants (P.G. 212-68) Repair of Entrances Damaged During Forced Warrant Entry into Wrong Premises or During an Entry made during Exigent or Other Unusual Circumstances (P.G. 214-20) Search Warrant Applications (P.G. 212-75) Search Warrant Execution (P.G. 212-105) FORMS AND REPORTS SEARCH WARRANT PLAN POST-EXECUTION (PD374-150A) Typed Letterhead Review the critique and forward through channels to the Chief of Department. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-107 SECURE AUTOMATED FAST EVENT TRACKING NETWORK (SAFETNET) DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 4 PURPOSE To standardize the procedure regarding notifications to the Secure Automated Fast Event Tracking Network (SAFETNet). DEFINITIONS SECURE AUTOMATED FAST EVENT TRACKING NETWORK (SAFETNet): This system was established to integrate enforcement efforts between various Department enforcement commands, as well as other law enforcement agencies within the City and State of New York. Formerly called U.D.E.C.S. (Unified Drug Enforcement Coordination System), the purpose of SAFETNet is to ensure the safety of law enforcement personnel and to prevent two or more agencies from simultaneously pursuing investigations against common subjects, by automatically recognizing and notifying investigators of conflicting interest in subjects, locations, telephone numbers, motor vehicle license plates, internet addresses, events and financial accounts. SAFETNet BUREAU COORDINATORS: Uniformed member of the service authorized by bureau chief/deputy commissioner concerned who is responsible to act as a liaison between investigators and the Intelligence Bureau, Public Security Section. In order to ensure integrity and maintain control of SAFETNet, bureau chiefs/deputy commissioners will only authorize the minimum amount of coordinators necessary to properly accommodate the operation on a twenty-four hour, seven days a week basis. Coordinators are designated only through the submission of Coordinator Registration Form (HIDTA) and subsequent approval of Commanding Officer, Public Security Section. INVESTIGATOR: Uniformed member of the service designated only through the submission of Requestor Registration Form (HIDTA) and subsequent approval of Commanding Officer, Public Security Section, who initiates investigative target into the SAFETNet system by submitting request forms to their respective coordinator. PRIMARY INVESTIGATOR: Uniformed member of the service who currently holds an active SAFETNet number for a specific target (i.e., person, address, vehicles, telephone, internet address, critical event and/or financial account). SECONDARY INVESTIGATOR: Uniformed member of the service who submits a Request Form (HIDTA) for a target which is actively held by the Primary Investigator. PROCEDURE When a notification and/or submission to SAFETNet is required: INVESTIGATOR 1. Submit SAFETNet Request Form (HIDTA) to SAFETNet bureau coordinator concerned with all the necessary information regarding the following: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-107 REVISION NUMBER: PAGE: 10/16/13 a. b. c. d. e. f. g. h. INVESTIGATOR (continued) 2 of 4 Narcotics and/or drug trafficking investigations Firearms investigations Money laundering investigations Insurance fraud investigations Confidential Informant Registration Any instance where a search warrant application is prepared Any active target investigation in which an undercover may be utilized Any investigation that may cross jurisdictional boundaries. Jurisdictional boundaries, in this context, are defined two ways. First, in the traditional sense as occurring between law enforcement agencies at the federal, state, or local level. Secondly, in a narrower sense as occurring between NYPD bureaus, boroughs, divisions, precincts, and units. This second definition is intended to facilitate communication and cooperation between NYPD investigators to enhance investigative results and ensure investigator safety. NOTE SAFETNet submissions will be accepted for: a. Any identified person (at a minimum provide last name, first name and date of birth) (1) SAFETNet submissions should also include an identified person’s Social Security number, NYSID #, and FBI # if known. These identifiers are a key identifier when available. b. Any business or residential location within the State or City of New York (apartment house, private house or business must be indicated) (1) Submissions for business locations must include full business name and street address (2) Submissions for any location must include the locality/neighborhood, borough and zip code. (i.e., College Point, Queens 11356). c. Vehicle License Plate d. Telephone Number e. Internet Addresses f. Critical Events (money drop, undercover meeting, etc.,) g. Financial Account Numbers (account number type). SAFETNet submissions will expire after one year, with the exception of critical events, which will expire after twenty-four hours. For investigations under the purview of the Internal Affairs Bureau and the Deputy Commissioner, Counterterrorism, SAFETNet inquiries and/or conferrals with other units, commands, or agencies will be conducted in a manner prescribed by the Chief of Internal Affairs or Deputy Commissioner, Counterterrorism, as appropriate, so as not to compromise internal or sensitive investigations. SAFETNet BUREAU COORDINATOR 2. 3. Obtain all required information and electronically enter the Request Form (HIDTA) data directly into the SAFETNet system. Record information into the coordinator’s Log, maintained by the command and provide investigator with control number. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-107 PAGE: 10/16/13 4. PUBLIC SECURITY SECTION REVISION NUMBER: 3 of 4 Monitor submissions made into the SAFETNet system. SAFETNet “NO HIT” PUBLIC SECURITY SECTION 5. NOTE A SAFETNet number will be generated automatically for each submission made into the SAFETNet system. SAFETNet BUREAU COORDINATOR 6. 7. Forward SAFETNet printout containing SAFETNet number via fax to the SAFETNet bureau coordinator concerned and confirm receipt by telephone. Enter SAFETNet number into coordinator’s Log under the appropriate control number. Provide investigator with SAFETNet printout. SAFETNet “HIT” NOTE When a SAFETNet bureau coordinator submits information for target information already under investigation, a “HIT” will occur. PUBLIC SECURITY SECTION 8. Notify via fax the primary investigator’s and secondary investigator’s SAFETNet bureau coordinators by way of a Match Notification/Resolution Form (HIDTA) and confirm receipt by telephone. SECONDARY INVESTIGATOR’S SAFETNet BUREAU COORDINATOR 9. Contact primary investigator’s SAFETNet Bureau coordinator PRIOR to taking any action in connection with the target information submitted under this SAFETNet request. PRIMARY INVESTIGATOR’S SAFETNet BUREAU COORDINATOR 10. Contact primary investigator or if not available, investigator’s supervisor/commanding officer and advise him/her of request. Forward direct or via fax the Match Notification/Resolution Form (HIDTA) to primary investigator or if not available, investigator’s supervisor/commanding officer and confirm receipt by telephone. PRIMARY INVESTIGATOR/ INVESTIGATOR’S SUPERVISOR/ COMMANDING OFFICER 12. 11. 13. 14. Print name, Tax Number and sign the Match Notification/Resolution Form (HIDTA) if agreeing to allow a joint operation and/or no longer pursuing the target. Forward direct or via fax signed copy of the Match Notification/Resolution Form (HIDTA) to primary investigator’s SAFETNet bureau coordinator and confirm receipt by telephone. Notify primary investigator’s SAFETNet bureau coordinator if request is denied. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-107 REVISION NUMBER: PAGE: 10/16/13 4 of 4 PRIMARY INVESTIGATOR’S SAFETNet BUREAU COORDINATOR 15. SECONDARY INVESTIGATOR’S SAFETNet BUREAU COORDINATOR 17. PUBLIC SECURITY SECTION 19. SECONDARY INVESTIGATOR’S SAFETNet BUREAU COORDINATOR 21. ADDITIONAL DATA Only authorized, active SAFETNet bureau coordinators are authorized to make submissions. Anyone other than SAFETNet bureau coordinators DO NOT have the authority to notify the Public Security Section independently. SAFETNet Bureau coordinators are responsible for forwarding information to investigators in a timely manner. 16. 18. 20. Forward via fax signed copy of the Match Notification/Resolution Form (HIDTA) to both the Public Security Section and the secondary investigator’s SAFETNet bureau coordinator and confirm receipt by telephone. Notify secondary investigator’s SAFETNet bureau coordinator if request to sign over target was denied. Provide secondary investigator with signed copy of the Match Notification/Resolution Form (HIDTA). Notify secondary investigator if request to sign over target was denied. Clear conflict once signed copy of the Match Notification/Resolution Form (HIDTA) is received. Forward via fax a printout of the cleared SAFETNet to the secondary investigator’s SAFETNet bureau coordinator and confirm receipt by telephone. Provide copy of cleared SAFETNet printout to investigator. If the primary investigator is transferred, promoted, retires, etc., a Typed Letterhead addressed to the Commanding Officer, Public Security Section will be completed by the member’s commanding officer, documenting the status of the original primary investigator and the assignment of a new primary investigator. Each bureau will develop a self-inspection program designed to ensure the accuracy and propriety of SAFETNet inquiries submitted by their members. Additionally, the Intelligence Bureau will regularly audit the system and forward a sampling of inquiries, based upon established criteria, to the submitting bureau for review and verification. RELATED PROCEDURES Search Warrant Applications (P.G. 212-75) Confidential Informants (P.G. 212-68) FORMS AND REPORTS Typed Letterhead Coordinator Registration Form (HIDTA) Match Notification/Resolution Form (HIDTA) Request Form (HIDTA) Requestor Registration Form (HIDTA) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-108 NOTIFICATIONS TO THE INTELLIGENCE BUREAU PURSUANT TO ALERTS TRANSMITTED FROM THE NATIONAL CRIME INFORMATION CENTER (NCIC) DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 3 PURPOSE To ensure that the Intelligence Bureau is notified of any contact made by members of the service with individuals contained in the National Crime Information Center (NCIC) Violent Gang and Terrorist Organization File (VGTOF). DEFINITIONS VIOLENT GANG AND TERRORIST ORGANIZATION FILE (VGTOF) – a compilation of federal terrorist watch lists contained within the NCIC database. Brief descriptions of the potential VGTOF positive “hit” handling codes used by the NCIC are as follows: HANDLING CODE 1 – ARREST – “WARNING – APPROACH WITH CAUTION. ARREST THIS INDIVIDUAL. THIS INDIVIDUAL IS ASSOCIATED WITH TERRORISM.” This individual is the subject of a formal indictment or criminal charge and a warrant has been issued. HANDLING CODE 2 – DETAIN – “WARNING – APPROACH WITH CAUTION. PLEASE DETAIN THIS INDIVIDUAL FOR A REASONABLE AMOUNT OF TIME FOR QUESTIONING. THIS INDIVIDUAL IS OF INVESTIGATIVE INTEREST TO LAW ENFORCEMENT REGARDING ASSOCIATION WITH TERRORISM.” This individual is the subject of an active investigation and “reasonable suspicion” exists to detain this individual. HANDLING CODE 3 – INVESTIGATION – DO NOT ALERT THIS INDIVIDUAL TO THIS NOTICE. “WARNING – APPROACH WITH CAUTION. THE PERSON QUERIED THROUGH THIS SEARCH MAY BE AN INDIVIDUAL IDENTIFIED BY INTELLIGENCE INFORMATION AS HAVING POSSIBLE TIES WITH TERRORISM.” HANDLING CODE 4 – INFORMATION GATHERING – DO NOT ALERT THIS INDIVIDUAL TO THIS NOTICE. “WARNING – APPROACH WITH CAUTION. THE PERSON QUERIED THROUGH THIS SEARCH MAY BE AN INDIVIDUAL IDENTIFIED BY INTELLIGENCE INFORMATION AS HAVING POSSIBLE TIES WITH TERRORISM.” NO HIT – If NCIC file checks come back NEGATIVE and the police officer still believes that this incident or investigation is terrorism related, the police officer will immediately contact the Intelligence Bureau – Criminal Intelligence Section supervisor for further checks, instruction and access to the Federal Bureau of Investigation (FBI) Counter Terrorism Watch (CTW) through existing protocols. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-108 REVISION NUMBER: PAGE: 10/16/13 2 of 3 NOTE There may be cases in which the FBI is unable to confirm at the time of inquiry whether or not the subject of the query / hit may have possible ties to terrorism. DO NOT ARREST THIS INDIVIDUAL unless there is probable cause to believe that a federal, state or local law has been violated. Provide all relevant information to the Intelligence Bureau - Criminal Intelligence Section supervisor and comply with the instructions provided. PROCEDURE When a member of the service makes a computerized query (FINEST, WINQ, NYSPIN, etc.) of a person or vehicle registration for an official law enforcement purpose (e.g. arrest, warrant check, driver’s license/motor vehicle check, summons, etc.) and receives a response from NCIC that the individual that they have queried matches data contained in NCIC/VGTOF files, in addition to other required actions, will comply with the following: QUERIES DIVISION RADIO DISPATCHER 1. 2. 3. MEMBER OF THE SERVICE 4. 5. CONDUCTED THROUGH THE COMMUNICATIONS Conduct query and read the NCIC/VGTOF hit information verbatim to the requesting member of the service in the field. In all cases of terrorism alerts/hits received from NCIC/VGTOF, immediately notify the patrol supervisor concerned of the handling codes and their accompanying instructions. Direct the involved member of the service to make an immediate notification to the Intelligence Bureau, Criminal Intelligence Section supervisor. Verify the identity of the involved individual and confirm that he/she is in fact the same individual listed in the NCIC/VGTOF terrorism files. Comply with the instructions contained in the NCIC/VGTOF handling codes provided by the Communications Division dispatcher. If conducting query via radio dispatcher, to enhance MOS safety, take steps to ensure subject of inquiry cannot ascertain results transmitted by dispatcher. NOTE 6. 7. 8. PATROL SUPERVISOR 9. 10. DESK OFFICER 11. Immediately notify the Intelligence Bureau, Criminal Intelligence Section supervisor and comply with the instructions provided. Request the response of the patrol supervisor. Notify the desk officer, precinct of occurrence. Confirm the identity of the individual in question and take appropriate action as indicated in the applicable NCIC/VGTOF instructions. Immediately notify the Intelligence Bureau, Criminal Intelligence Section supervisor for further checks and instruction. Ensure that an immediate notification is made to the Intelligence Bureau, Criminal Intelligence Section supervisor. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-108 INTELLIGENCE BUREAU CRIMINAL INTELLIGENCE SECTION SUPERVISOR REVISION NUMBER: PAGE: 10/16/13 12. 13. 14. 15. 3 of 3 Obtain all relevant information. Have Intelligence Bureau investigative personnel notified and immediately respond. Have pertinent information entered into the Intelligence Data System. Notify the local FBI/Joint Terrorist Task Force (JTTF) and other authorities of incident, as appropriate. QUERIES CONDUCTED BY MEMBERS OF THE SERVICE IN THE STATIONHOUSE MEMBER OF THE SERVICE 16. 17. 18. 19. DESK OFFICER 20. 21. Verify the identity of the involved individual and confirm that he/she is in fact the same individual listed in the NCIC/VGTOF terrorism files. Comply with the instructions received in the NCIC/VGTOF handling codes received in the reply from NCIC. Immediately notify the Intelligence Bureau, Criminal Intelligence Section supervisor and comply with the instructions provided. Notify the desk officer, precinct of occurrence. Confirm the identity of the individual in question and take appropriate action as indicated in the applicable NCIC/VGTOF instructions. Immediately notify the Intelligence Bureau, Criminal Intelligence Section supervisor for further checks and instruction. INTELLIGENCE BUREAU CRIMINAL INTELLIGENCE SECTION SUPERVISOR 22. 23. ADDITIONAL DATA Department form entitled “POSSIBLE INDICATORS OF TERRORIST ACTIVITY” (PD 378-111) has been revised to include information contained in this procedure. This Activity Log insert is to be maintained by each uniformed member of the service below the rank of Captain and is to be kept in every RMP for immediate reference. RELATED PROCEDURES Required Firearms/Equipment (P.G. 204-09) Arrests – License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk (P.G. 208-21) Notifications in Certain Arrest Situations (P.G. 208-69) Processing Warrant Checks Over Citywide I and II Radio (P.G. 209-25) FORMS AND REPORTS POSSIBLE INDICATORS OF TERRORIST ACTIVITY (PD 378-111) 24. 25. Obtain all relevant information. Have Intelligence Bureau investigative personnel notified and immediately respond. Have pertinent information entered into the Intelligence Data System. Notify the local FBI/JTTF and other authorities of incident, as appropriate. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-109 ALCOHOL TESTING FOR UNIFORMED MEMBERS OF THE SERVICE INVOLVED IN FIREARMS DISCHARGES RESULTING IN INJURY TO OR DEATH OF A PERSON DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To ensure the highest levels of integrity at the scene of police involved firearms discharges which result in injury to or death of a person, on or off duty, within New York City. PROCEDURE When involved in, or responding to the scene of a police involved firearms discharge which results in injury to or death of a person, on or off duty, within New York City: UNIFORMED MEMBER OF THE SERVICE 1. 2. Request immediate response of patrol supervisor. Comply with the provisions of P.G. 212-29, “Firearms Discharge by Uniformed Members of the Service.” PATROL SUPERVISOR 3. Notify Operations Unit of shooting, immediately, and request response of Internal Affairs Duty Captain, Internal Affairs personnel and the Patrol Services Bureau Duty Inspector and Duty Captain. DUTY CAPTAIN/ INSPECTOR 4. Inform uniformed member(s) of the service who discharged their firearm that they will be subject to alcohol testing. Ensure involved member(s) of the service remain on the scene when feasible and consistent with safety (i.e., hospitalization not immediately required); pending arrival of Internal Affairs Bureau personnel assigned to administer alcohol test. Notify IAB Command Center of location of involved member(s) of the service if they are removed from location of firearms discharge. 5. 6. IAB COMMAND CENTER 7. Notify assigned IAB personnel and the IAB Duty Captain of any pertinent information including any change of location of involved member(s) of the service. INTERNAL AFFAIRS BUREAU DUTY CAPTAIN 8. 9. Respond to location and confer with Duty Captain/Inspector on scene. Advise the subject member that he or she may be tested by a number of different means, such as the PBT device and the Intoxilyzer. Conduct alcohol test, using a PBT (portable breathalyzer test) device in a private setting, on uniformed member(s) of the service who discharged a firearm. a. Conduct the testing process in a private setting (e.g., Nearest Department facility, Department auto being used by the supervisor concerned) in a dignified, respectful fashion. If the reading on the PBT device is less than .08, no further testing is required at this time. 10. 11. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-109 INTERNAL AFFAIRS BUREAU DUTY CAPTAIN (continued) PAGE: 08/01/13 12. 13. NOTE REVISION NUMBER: 2 of 4 If the reading on the PBT device is .08 or greater, which according to Section 1192 of the Vehicle and Traffic Law of the State of New York is indicative of intoxication, immediately notify Highway I.D.T.U. to respond to the IAB testing location to test the subject member using the Intoxilyzer that is maintained at the IAB facility. (It should be emphasized that the Intoxilyzer test at the IAB facility will be conducted by an I.D.T.U. technician.) a. Member(s) involved will be transported to the IAB testing facility by IAB personnel. b. A Highway District supervisor must be present during all phases of the testing procedure. In the event that alternate arrangements must be made, the Intoxilyzer test will be conducted at the closest I.D.T.U. facility. a. Member(s) involved will be transported to the I.D.T.U. testing facility by I.A.B. personnel. b. A Highway District supervisor must be present during all phases of the testing procedure. The I.D.T.U technician will utilize a specially developed form entitled Ordered Breath Test Instruction Sheet to interview the subject member(s), and a specially developed checklist entitled Intoxilyzer Operational Checklist to conduct the test. The entire Intoxilyzer testing process, including the reading of the test results, will be videotaped by another member of the Highway District. In cases where there is an Intoxilyzer reading of .08 or greater, a copy of the videotape will be provided to the I.A.B. Duty Captain concerned, who will follow all applicable Departmental procedures to safeguard the tape for evidentiary purposes. 14. In order to determine fitness for duty, record and then take into account the Intoxilyzer reading, the PBT reading, and any other related indicia of intoxication, as indicated in Appendix “A”. a. If the member is apparently unfit for duty, be guided by the procedures contained in P.G. 206-12, “Removal of Firearms from Intoxicated Uniformed Member of the Service” and other appropriate Department procedures. NOTE If the subject member is determined to be unfit for duty, the IAB Command Center will be notified and a log number will be obtained. ADDITIONAL DATA Members of the service are reminded of the contents of Patrol Guide procedures 203-04, “Fitness For Duty” and 204-08, “Firearms – General Regulations” as they relate to the use of alcohol and the possession of firearms while off duty. Members should be aware that it would be prudent not to ingest alcoholic beverages up to four hours prior to the commencement of their tour of duty. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-109 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 4 ADDITIONAL DATA (continued) Members of the service performing duty in an undercover capacity are reminded that it is best to avoid consuming alcoholic beverages while on duty. However, the Department recognizes that depending on the nature of the operation such consumption may be appropriate and necessary. Members are advised that no more than two alcoholic beverages may be consumed during a tour of duty, absent exigent circumstances related to the safety of the undercover or to the need not to compromise the undercover’s assignment. Such circumstances will be evaluated on a case-by-case basis. RELATED PROCEDURES Firearms Discharge by Uniformed Members of the Service (P.G. 212-29) Removal of Firearms from Intoxicated Uniformed Member of the Service (P.G. 206-12) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-109 REVISION NUMBER: PAGE: 08/01/13 4 of 4 APPENDIX “A” INDICIA OF INTOXICATION Face to face observation and interaction with the subject member allows the supervisor concerned to use his or her senses to obtain “evidence” of alcohol intoxication: * The sense of sight * The sense of hearing * The sense of smell SIGHT * * * * * * Bloodshot eyes Flushed face Soiled, mussed, disarrayed clothing Fumbling (e.g., dropping paperwork, keys etc.) The presence of alcohol containers Physical coordination (e.g., swaying, staggering, unsteady, falling, wobbling, sagging knees, using a wall or furniture as a prop) * Unusual actions (e.g., hiccupping, belching, vomiting, fighting, sleepy, urinating) HEARING * * * * * * * Slurred speech Admission of drinking Inconsistent responses Incoherent Abusive language, profanity Antagonistic Unusual statements * * * * Odor of alcohol on breath “Cover Up” odors (e.g., breath spray, mints) Open alcoholic beverages Unusual odors SMELL NOTE: These traits are illustrative; this is not meant to be a complete list of indicia. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-11 STOP AND FRISK DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To conduct criminal investigations and protect uniformed members of the service from injury while conducting investigations involving stop and question situations. DEFINITIONS STOP - To temporarily detain a person for questioning. FRISK - A running of the hands over the clothing, feeling for a weapon. SEARCH - To place hands inside pocket or other interior parts of clothing to determine if object felt is a weapon. PROCEDURE When a uniformed member of the service reasonably suspects a person has committed, is committing or is about to commit a felony or a Penal Law misdemeanor: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Only that portion of the suspect’s clothing where object was felt may be searched. 2. 3. 4. 5. 6. NOTE Stop person and request identification and explanation of conduct. a. If not in uniform, identify yourself as a police officer. Frisk, if you reasonably suspect you or others are in danger of physical injury. Search, if frisk reveals object which may be a weapon. Detain suspect while conducting investigation to determine whether there is probable cause to make an arrest. a. Suspect may be detained for a period of time reasonably related to the facts, which initially justified the stop or are discovered during the stop. b. Complete investigation as expeditiously as possible. Release suspect immediately after completing the investigation if probable cause to arrest does not exist and provide suspect with an explanation for the stop, question and/or frisk encounter, absent exigent circumstances. a. A WHAT IS A STOP, QUESTION AND FRISK ENCOUNTER? (PD344-111) tear off information card, may be provided to the stopped individual. Prepare STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) for EACH person stopped. If person stopped refuses to identify him/herself (and there is no reason to take summary action) check off “REFUSED” in the appropriate space of STOP, QUESTION AND FRISK REPORT WORKSHEET. Allow suspect to depart only after completing investigation and only if investigation does not establish probable cause to arrest the suspect. Request patrol supervisor to respond and confirm refusal, review STOP, QUESTION AND FRISK REPORT WORKSHEET, and action taken. Do not detain suspect while awaiting arrival of patrol supervisor if investigation is completed and no probable cause to arrest suspect. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-11 REVISION NUMBER: PAGE: 08/01/13 2 of 3 UNIFORMED MEMBER OF THE SERVICE 7. 8. 9. Enter details in ACTIVITY LOG (PD112-145). Inform desk officer, precinct of occurrence, of facts. Submit STOP, QUESTION AND FRISK REPORT WORKSHEET to desk officer, precinct of occurrence. DESK OFFICER 10. Review each STOP, QUESTION AND FRISK REPORT WORKSHEET submitted and: a. Instruct member preparing WORKSHEET, if necessary. b. Enter precinct serial number and sign WORKSHEET(S). NOTE A separate precinct serial number will be assigned for EACH WORKSHEET. 11. 12. 13. COMMANDING 14. OFFICER ADDITIONAL DATA Bring STOP, QUESTION AND FRISK REPORT WORKSHEET(S) to the attention of the commanding officer. Photocopy STOP, QUESTION AND FRISK REPORT WORKSHEET(S) and forward as follows: a. ORIGINAL - Criminal Records Section. b. Photocopy - Precinct binder. c. Photocopy - Detective Squad. Make appropriate entries on STOP, QUESTION AND FRISK INDEX COVERSHEET (PD344-152). Maintain a STOP, QUESTION AND FRISK WORKSHEET binder at the desk for use by other uniformed members of the service. A suspect should not be moved or transported from the location where s/he is stopped for questioning unless s/he voluntarily consents or there is an exigency e.g., hostile crowd gathers and officer must move suspect from the area for safety purposes, victim/witness is injured and cannot be brought to location where suspect is being detained, so officer transports suspect to injured party. Some factors which contribute to “reasonable suspicion”: a. The demeanor of the suspect. b. The gait and manner of the suspect. c. Any knowledge the officer may have of the suspect’s background and character. d. Whether the suspect is carrying anything and what he is carrying. e. Manner of dress of suspect including bulges in clothing. f. Time of day or night. g. Any overheard conversation of the suspect. h. The particular streets and areas involved. i. Any information received from third parties. j. Proximity to scene of crime. Desk officers or designated supervisors in other than patrol precinct commands (i.e., PSAs, transit districts, OCCB, borough task force or anti-crime units, etc.) who receive completed WORKSHEETS will be responsible for obtaining the next precinct serial number from the desk officer of the precinct concerned. This number ONLY will be entered into the box captioned “PCT. SER. NO.” on the STOP, QUESTION AND FRISK REPORT NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-11 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 WORKSHEET. The desk officers or designated supervisors in other than the patrol precinct commands will then review, sign, and photocopy the WORKSHEET. A copy will be immediately faxed to the precinct concerned, and the completed original WORKSHEETS delivered back to the precinct concerned within twenty four hours. In addition, desk officers or designated supervisors in other than patrol precinct commands will also maintain a standardized Stop, Question and Frisk binder with corresponding INDEX COVERSHEET, and will enter a command tracking number consisting of the command abbreviation, followed by a serial number, beginning with number one each year (e.g. TD32-001) in the upper right hand corner section of each WORKSHEET. This command tracking number is not the same as, and is NOT to be entered in the precinct serial number caption on the WORKSHEET received. A third photocopy of each WORKSHEET will also be made and maintained with the Stop, Question and Frisk binder at that command. The STOP, QUESTION AND FRISK REPORT WORKSHEET is not prepared where the officer makes a summary arrest or issues a summons for an observed violation unless the suspect was initially stopped for investigation based on reasonable suspicion. All uniformed members of the service below the rank of Captain are required to carry ACTIVITY LOG insert STREET ENCOUNTERS – LEGAL ISSUES (PD344-153) when performing patrol duties in uniform. FORMS AND REPORTS ACTIVITY LOG (PD112-145) STOP, QUESTION AND FRISK INDEX COVERSHEET (PD344-152) STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) STREET ENCOUNTERS - LEGAL ISSUES (PD344-153) WHAT IS A STOP, QUESTION AND FRISK ENCOUNTER? (PD344-111) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-110 COMMUNICATIONS BETWEEN THE INTELLIGENCE BUREAU AND UNITS IN THE FIELD REGARDING SUSPECTED TERRORIST ACTIVITY DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 3 PURPOSE To provide a means whereby members of the service in the field can communicate with the Intelligence Bureau, enabling them to receive timely information concerning individuals stopped who may have links to terrorism. PROCEDURE When a uniformed member of the service has a suspect stopped and develops information that may indicate that the subject is connected to terrorism, they will comply with the following: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. NOTE Take necessary precautions to protect public and personal safety. Notify the Intelligence Bureau, Criminal Intelligence Section via the Mobile Digital Terminal (MDT) or the Mobile Digital Computer (MDC). a. If assigned to foot patrol or to a vehicle not equipped with a MDT/MDC, request response of an available vehicle equipped with a MDT/MDC. Address the message to “INTEL” using the “Administrative Message” format. Type in the subject’s name, date of birth, and any other identifying information. The inquiry must include specific reason(s) for suspecting the person stopped of a possible connection to terrorism. The Criminal Intelligence Section will not accept any requests without such detailed information. For example: a. “To/Intel/BSTF RMP 1234 is holding John Q. Public, DOB 1/1/1919, driving a green 1999 Ford, NY license plate #ABC-123, for a traffic violation at Avenue X and 19th Street. Subject has a large sum of USC and a complete airline pilot’s uniform. Subject can give no legitimate reason for possessing either. Please check for any information Intelligence has on this subject.” When the MDT/MDC is inoperable or out of service for more than twenty minutes, telephone inquiries should be made direct to the Intelligence Bureau, Criminal Intelligence Section. Civilian members of the service who are authorized to conduct car stops and/or truck inspections, and who develop information during such a stop or inspection indicating that the person stopped may be connected to terrorist related activity, will request that a uniformed member of the service respond to the scene. Once the uniformed member of the service has arrived at the scene, he/she will then assume responsibility for the situation, and will notify the Intelligence Bureau, Criminal Intelligence Section via the MDT/MDC, and comply with the provisions of this order. MOS ASSIGNED, 4. INTELLIGENCE 5. BUREAU NOTE Acknowledge receipt of request via MDT/MDC. Review inquiry and the reason(s) the requesting uniformed member of service suspects the subject may have a connection to terrorism. If necessary, direct the requesting uniformed member of service via the MDT/MDC to call (646) 805-6000 to clarify the reason(s) for the request. Provide the uniformed member of service with your rank/name when doing so, and have him/her ask for you when calling. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-110 REVISION NUMBER: PAGE: 10/16/13 2 of 3 MOS ASSIGNED, 6. INTELLIGENCE 7. BUREAU (continued) Conduct search of subject’s name, vehicle, etc. in appropriate federal, state, and local databases. Notify requesting uniformed member of the service of findings as soon as possible. a. Immediately notify requesting uniformed member of the service if subject is wanted for arrest by any law enforcement agency. b. Notify requesting uniformed member of the service, if unable to conduct complete search within a reasonable time (15 - 20 minutes). UNIFORMED MEMBER OF THE SERVICE 8. Confirm information received from the Intelligence Bureau, via the MDT/MDC. Arrest subject, if notified by Intelligence Bureau, Criminal Intelligence Section that subject is wanted and request patrol supervisor to respond. PATROL SUPERVISOR 10. 11. 12. 9. Respond to scene, if required. Ascertain details and notify desk officer. Request Field Intelligence Officer to respond to scene, if necessary. a. If unavailable have precinct detective squad respond. ARREST SITUATION: DESK OFFICER, 13. PRECINCT/PSA/ 14. TRANSIT DISTRICT OF ARREST Detain prisoner for debriefing by the Field Intelligence Officer (if on duty), and/or other investigative unit as directed. Notify the following: a. Commanding Officer/Duty Captain. b. Operations Unit. c. Patrol Borough. d. Transit Bureau Wheel/Housing Bureau Wheel/Detective Bureau Wheel, if appropriate. MOS ASSIGNED, 15. INTELLIGENCE 16. BUREAU Prepare a printout of all inquiries and findings made as a result of the member’s request. File original at Criminal Intelligence Section, and forward a copy to the arresting officer. Notify Criminal Intelligence Section Supervisor of request and results. 17. The Criminal Intelligence Section Supervisor will notify the appropriate ranking officer(s) in the Intelligence Bureau of any unusual findings, arrests, etc. NOTE NON-ARREST SITUATION: UNIFORMED MEMBER OF THE SERVICE 18. 19. Release subject, after issuing summons, warning, and/or preparing a STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A), as well as any other required reports, if subject is not wanted (or if notified by the Criminal Intelligence Section that a complete check cannot be done in a reasonable amount of time), and there is no other reason to detain the subject. Notify Desk Officer and provide details of incident. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-110 REVISION NUMBER: PAGE: 10/16/13 3 of 3 IN ALL CASES (ARREST AND NON-ARREST): UNIFORMED MEMBER OF THE SERVICE 20. 21. 22. Advise the Criminal Intelligence Section of the disposition of the stop via the Mobile Digital Terminal/Mobile Digital Computer. Enter details of incident in ACTIVITY LOG (PD112-145). Submit appropriate reports, summonses, and other forms, etc., to desk officer for processing. DESK OFFICER, 23. PRECINCT/PSA/ 24. TRANSIT 25. DISTRICT CONCERNED Notify the Borough/Bureau Counterterrorism coordinator. Notify the applicable Patrol Borough, Housing Bureau, Transit Bureau, or Detective Bureau wheel. Ensure that copies of all reports, summonses, and other forms prepared are forwarded via Department mail to: Commanding Officer, Criminal Intelligence Section, Intelligence Bureau. COMMANDING 26. OFFICER, CRIMINAL INTELLIGENCE 27. SECTION 28. Review all requests made under this procedure daily. a. Ensure that the requesting uniformed member of the service has, in every case, been notified of the results of his/her inquiry. Ensure that a record of all requests is maintained at the Criminal Intelligence Section. Ensure that requesting uniformed member of the service has forwarded a copy of all reports, summonses, and other forms prepared in connection with their request. Ensure that all related reports/summonses, etc., are filed with the original request. 29. Uniformed members of the service are reminded that they MUST follow all federal, state, and local laws, as well as Department regulations, whenever they stop a person for investigation or summons. Members of this Department will NEVER base a stop or other enforcement action solely on an individual’s race, perceived ethnicity, appearance, etc. ADDITIONAL DATA Civilian members of the service also have an important role in obtaining information and intelligence. Should they become aware of such information in the course of their duties or while off-duty, the civilian member should relay his/her observations, suspicions, and other information to the Intelligence Bureau by following the guidelines outlined in P.G. 212-12, “Citywide Intelligence Reporting System.” In all cases, other than terrorist activity, uniformed member of the service will process routine name checks, warrant checks and other inquiries through the Communications Division. If uniformed member of the service already has a suspect under arrest and suspects him/her of terrorist-related activity, they will not use the MDT/MDC to make inquiries of the Criminal Intelligence Section. Under such circumstances, requests will be made by landline to the Intelligence Bureau, Criminal Intelligence Section. Arresting officer(s) must call from the precinct or other Department facility where they are processing the arrest. RELATED PROCEDURES Citywide Intelligence Reporting System (P.G. 212-12) FORMS AND REPORTS ACTIVITY LOG (PD112-145) STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-111 "U" VISA CERTIFICATION DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To review a request to certify a U Nonimmigrant Status Certification (United States Department of Homeland Security Form I-918, Supplemental B). NOTE The New York City Police Department does not issue “U” Visas; it only certifies that a crime victim meets the eligibility requirements, pursuant to our guidelines. Jurisdiction over all petitions for “U” Visas rests with the United States Citizenship and Immigration Services (USCIS). PROCEDURE When a person submits a U Nonimmigrant Status Certification (United States Department of Homeland Security Form I-918, Supplemental B) requesting a “U” Visa certification from this Department, the following procedure shall be complied with: UNIFORMED MEMBER OF THE SERVICE 1. Notify and forward U Nonimmigrant Status Certification request immediately to Chief of Department (DIRECT). CHIEF OF DEPARTMENT 2. 3. Review U Nonimmigrant Status Certification request and conduct inquiry. Prepare report on Typed Letterhead, include recommendation and forward with U Nonimmigrant Status Certification to the Office of the Police Commissioner, within five business days. a. Maintain a file of all U Nonimmigrant Status Certification requests received. OFFICE OF THE POLICE COMMISSIONER 4. Review request and forward original U Nonimmigrant Status Certification and Typed Letterhead, with determination, to the Chief of Department. CHIEF OF DEPARTMENT 5. Ensure that original approved U Nonimmigrant Status Certification (i.e., signed by the Police Commissioner) is delivered to applicant for subsequent forwarding to the United States Citizenship and Immigration Services (USCIS) or advise applicant that the Department has denied the U Nonimmigrant Status Certification request. ADDITIONAL DATA Public inquiries regarding “U Nonimmigrant Status Certification” (i.e., forms, requirements, status of application, etc.) should be referred to the United States Citizenship and Immigration Services (USCIS), National Customer Service. All members of the service are reminded to be aware of, and conform with, New York City’s policy regarding immigrants as delineated in Patrol Guide 212-66, “Mayor’s Executive Order Numbers 34 and 41, City Policy Concerning Confidential Information and Immigrant Access to City Services.” RELATED PROCEDURES Mayor’s Executive Order Numbers 34 and 41, City Policy Concerning Confidential Information and Immigrant Access to City Services (P.G. 212-66) FORMS AND REPORTS Typed Letterhead “U Nonimmigrant Status Certification” (United States Department of Homeland Security Form I-918, Supplemental B) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-112 OPERATION SAFE STORE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To combat robbery/violent crime in grocery stores/bodegas. PROCEDURE Upon notification that a grocery store/bodega within a command has been included in “Operation Safe Store” or when an incident occurs at a current “Operation Safe Store” location: 1. PRECINCT COMMANDING OFFICER 2. CONCERNED 3. 4. NOTE Review/create response plans to robberies or other serious incidents at the selected locations. a. Revised plans will be submitted to the Office of the Chief of Patrol. Assign special operations lieutenant as Operation Safe Store Coordinator for the precinct. Direct precinct crime prevention officer to visit selected stores on a biweekly basis and prepare OPERATION SAFE STORE BIWEEKLY INSPECTION REPORT (PD 510-151). a. Crime prevention officer will conduct a test of the alarm system during visit to ensure system is operational. The crime prevention officer will record sprint job # on OPERATION SAFE STORE BI-WEEKLY INSPECTION REPORT. Review BI-WEEKLY REPORT, endorse and forward to Commanding Officer, Technical Assistance Response Unit (T.A.R.U.). a. Maintain copies of all communications involving “Operation Safe Store” in a folder at the command. Borough and precinct commanders will continue to prepare “Small Grocery, Deli and Bodega Robbery Report” and forward same with weekly COMPSTAT reports. 5. Notify Chief of Department, Chief of Patrol, Patrol Borough concerned, Office of Management Analysis and Planning, and T.A.R.U. if program location closes, moves, changes store type, or if any other activity/incident occurs at location that precludes continuation in the program (i.e. false report, crime committed by store owner, etc.). a. Store should not be removed from the Operation Safe Store Program without written approval from the Chief of Department. COMMANDING 6. OFFICER, 7. T.A.R.U. Coordinate repair of alarm/video systems in selected stores with vendor and precinct commander concerned. Review BI-WEEKLY REPORTS submitted by precinct crime prevention officers for accuracy and completeness. Contact vendor when necessary for repairs, etc. in subject stores, if required. 8. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-112 REVISION NUMBER: PAGE: 08/01/13 2 of 4 WHEN AN INCIDENT OCCURS AT AN “OPERATION SAFE STORE” LOCATION: COMMUNICATIONS SECTION 911 OPERATOR 9. Designate calls for service to a designated “Operation Safe Store” location as a “Priority 2” assignment. COMMUNICATIONS SECTION DISPATCHER 10. Notify responding units that location is a designated “Operation Safe Store” location. MEMBER OF THE SERVICE 11. Request response of patrol supervisor when responding to incident at location designated under “Operation Safe Store.” PATROL SUPERVISOR 12. Direct preparation of COMPLAINT REPORT WORKSHEET (PD 313-152a). Request response of precinct squad/nightwatch and detective bureau duty captain to confirmed reports of serious crimes, e.g. shootings, robberies, etc., at “Operation Safe Store” locations. Request immediate response of T.A.R.U. to retrieve videotape or digital images from recorders on the premises. a. T.A.R.U. will respond to all crimes at Operation Safe Store locations where video tape may be of value. 13. 14. MOS ASSIGNED TO TARU 15. Respond to location and retrieve videotape/digital images from recorders on premises and forward to investigators on scene. a. Record rank, name, shield number and command of person taking control of video evidence b. Ensure that equipment on premises is in good working order c. Replace videotape, etc. before leaving premises d. Provide additional copies of video tape/digital images to Office of Management Analysis and Planning (OMAP) and Central Robbery Squad. MEMBER OF THE SERVICE 16. Prepare COMPLAINT REPORT WORKSHEET. a. When preparing COMPLAINT REPORT WORKSHEETS regarding incidents at “Operation Safe Store” locations, members concerned MUST check off “Grocery/Bodega” under the “Premises Type” caption. Ensure the following is listed in the “Details” section of the COMPLAINT REPORT WORKSHEET: a. Location is a participant in “Operation Safe Store” b. Whether or not evidence was retrieved. 17. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-112 MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 08/01/13 18. 19. 3 of 4 Ensure the following persons are listed in “Notifications” captions on COMPLAINT REPORT WORKSHEET: a. Patrol supervisor who responded to location (name of supervisor) b. Precinct detective squad member who responded to location (name of investigator) c. Detective Bureau Duty Captain who responded to location d. Name of T.A.R.U. MOS who responded to retrieve evidence. Voucher evidence obtained at location on PROPERTY CLERK INVOICE (PD521-141). a. Include INVOICE number on COMPLAINT REPORT WORKSHEET. PRECINCT DETECTIVE SQUAD 20. Respond to all serious occurrences at “Operation Safe Store” locations regardless of whether incident may be part of a pattern or not. NOTE When preparing a COMPLAINT FOLLOW-UP (PD313-081), detectives MUST state whether equipment in participating store was operational and whether evidence retrieved at the location was of any value. PATROL SUPERVISOR 21. ADDITIONAL DATA When future stores are added to the program, commanding officers of precincts where new stores are located will: a. Visit location concerned and review program with store owner concerned b. Have store owner prepare and sign OPERATION SAFE STORE – ACKNOWLEDGEMENT OF INSTALLATION / RESPONSIBILITIES (PD 510011) c. Countersign report. FORMS AND REPORTS OPERATION SAFE STORE BI-WEEKLY INSPECTION REPORT (PD510-151) COMPLAINT REPORT WORKSHEET (PD313-152a) PROPERTY CLERK INVOICE (PD521-141) COMPLAINT FOLLOW-UP (PD313-081) UNUSUAL OCCURRENCE REPORT (PD370-152) OPERATION SAFE STORE – ACKNOWLEDGEMENT OF INSTALLATION / RESPONSIBILITIES (PD510-011) Prepare an UNUSUAL OCCURRENCE REPORT (PD370-152) with details of the incident and forward to: a. Chief of Department b. Chief of Patrol c. Chief of Detectives d. Deputy Commissioner, Operations e. Office of Management Analysis and Planning f. Central Robbery Squad g. TARU h. Patrol Borough Command concerned. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-112 REVISION NUMBER: PAGE: 08/01/13 4 of 4 APPENDIX “A” OPERATION SAFE STORE LOCATIONS Patrol Boro Address Pct Phase PBMS Store Name 15 Stanton St 5 2 Tavarez Grocery PBMS 139 E 12th St 9 2 News at 12 Grocery PBMS 201 2nd Ave 9 2 Union Square One Stop PBMN 101 Edgecombe Avenue 32 1 101 Edgecombe Deli PBMN 2278 7th Avenue 32 2 S&M Deli Corp PBBX 910 Prospect Ave 41 2 Gabi Deli/Grocery PBBX 1408 Fulton Street 42 2 MJ Super Deli PBBX 1570 White Plains Road 43 2 Mikey’s Deli & Grocery PBBX 1206 Elder Ave 43 2 Elder Grocery PBBX 3401 Olinville Avenue 47 2 Kids Fantasy Deli PBBX 788 E. 214 Street 47 2 Big Brothers PBBX 169 E. 205 Street 52 1 Family Grocery Deli PBBS 5124 Clarendon Road 67 1 Melo Grocery PBBS 1044 Winthrop Street 67 2 El Portal Grocery PBBS 5605 Clarendon Road 67 2 Nashal Food Crop PBBS 2920 Avenue I 70 2 Harry Deli & Grocery PBBN 417 Saratoga Avenue 73 1 Colombo Mini Market PBBN 835 Pennsylvania Avenue 75 1 All American Hero PBBN 790 Nostrand Avenue 77 1 Express Deli Grocery PBBN 1017 Bedford Avenue 79 1 JNM Grocery PBBN 73 Decatur St 79 2 Al's Grocery PBBN 144 Lewis Ave 81 2 Borbon Grocery PBBN 613 Madison Street 81 2 D&C PBBN 445 Evergreen Avenue 83 2 Rodriguez Food Center PBQS 101-05 Lefferts Boulevard 102 2 Quick Stop Grocery PBQS 87-74 168th St 103 2 ABDO Grocery PBQS 147-07 Guy R. Brewer Blvd. 105 1 Airport Deli PBQN 65-25 Queens Boulevard 108 2 65 Place Grocery PBQN 208-02 48 Avenue 111 2 ABC Convenience Store PBQN 32-61 Francis Lewis Blvd 111 2 FLB Gourmet Deli PBQN 23-27 30 Avenue 114 1 DIPA Mini-Market PBSI 1410 Richmond Terrace 120 2 Alex Deli PBSI 164 Victory Blvd 120 2 Staten Convienent Market NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-113 RESPONSE TO TWO ALARM FIRES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 1. To ensure the appropriate level of inter-agency coordination between the New York City Police Department and the New York City Fire Department, as well as to provide the highest level of service to the community at major fires, a protocol has been developed regarding two alarm fires and above. 2. A second alarm occurs when the Fire Department dispatches four additional engine companies, two additional ladder companies, and other necessary resources beyond the deployment of a full-scale first alarm response. While it is recognized that, in most instances, members of the N.Y.P.D. are already at the scene of such fires and are aware of the second alarm, the Fire Department will notify the Operations Unit, directly, when a fire reaches a second alarm. Upon notification of a two alarm fire, the Operations Unit will direct both the patrol supervisor and the duty captain to the scene. 3. The patrol supervisor on the scene will designate a uniformed member of the service as a liaison with the Fire Department. The designated member must have a Department radio. Said member will report to the Fire Department Command post and will coordinate communications between the two agencies. 4. The duty captain will respond to the scene to ensure that all appropriate coordination and police services are being provided. In addition, the duty captain will give particular attention to ensuring that traffic control is maintained and perimeters are established. When appropriate, the duty captain may direct that a ranking member be designated as the communications liaison. 5. The ranking member of the New York City Police Department on the scene will confer with the ranking fire officer to determine if additional police resources are required, e.g. Aviation Unit, Harbor Unit, etc. Supervisory members should be aware that, when conditions warrant, the Fire Department may request that a fire officer be assigned to an Aviation Unit in order to view the fire. Such requests should be facilitated by promptly notifying the Operations Unit and arranging for the flight, as appropriate. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-114 AUTHORIZATION/NOTIFICATION REGARDING DEPARTMENT CEREMONIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To initiate timely notification to the Ceremonial Unit to ensure appropriate Department participation in ceremonies and eliminate scheduling conflicts. PROCEDURE When a Department unit is requesting permission to host a ceremony or when a member of the service becomes aware of a ceremony being coordinated by a private organization to honor a member of the service (e.g., Street Renaming Dedication Ceremony). UNIT COMMANDER/ MEMBER CONCERNED 1. NOTE To ensure that the Ceremonial Unit is apprised of the event in a timely fashion, immediately fax a copy of the report/request directly to the Ceremonial Unit. A sample of the Typed Letterhead has been included in the Additional Data statement. CEREMONIAL UNIT PERSONNEL 2. 3. Review the report/request and determine if any scheduling conflicts exist. Forward report/request, with recommendations, to Commanding Officer, Police Commissioner’s Office for final approval. COMMANDING OFFICER, POLICE COMMISSIONER’S OFFICE 4. Review report/request and notify Ceremonial Unit if the request has been approved or disapproved. CEREMONIAL UNIT PERSONNEL 5. 6. Notify command concerned of Department’s decision regarding the event. Coordinate Department resources regarding all approved events. ADDITIONAL DATA No Department unit is authorized to participate or host any ceremony prior to obtaining approval. No additional Department resources, other than those approved, will participate in the event. Prepare a Typed Letterhead outlining the particulars of the event, at least thirty days prior to the event, when possible, and forward through channels to the Ceremonial Unit, Police Academy, Room 761. Commanders will make every effort to ensure that their commands remain operational during the ceremony. Indicate in the Typed Letterhead if the unit will remain operational during the ceremony and if it will be staffed with command personnel or by personnel from outside commands.(i.e., Task Force) The Typed Letterhead should provide an overview of the command resources participating in the event as follows: a. Include the number of members attending the event, how many will be in uniform or civilian clothes and how many will be on or off-duty. b. Indicate if the ceremony is an annual or one time event and the type of Department resources the command requests to participate in the ceremony (i.e., Chaplain, bugler, helicopter, etc.). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-114 PAGE: 08/01/13 c. ADDITIONAL DATA (continued) REVISION NUMBER: 2 of 3 Address issues such as, alternate dates, alternate site if inclement weather, etc., and provide a guest list and contact person. To enable as many family members and friends of the honoree to attend the event, every effort will be made to schedule the event on a weekend. Commanders must articulate the reason why the event is not scheduled on a weekend in their Typed Letterhead. Sample Typed Letterhead 002 Precinct #100-2005 POLICE DEPARTMENT CITY OF NEW YORK May 15, 2005 From: Commanding Officer, 002 Precinct To: Commanding Officer, Ceremonial Unit (Through Channels) Subject: REQUEST AUTHORIZATION TO HOST A STREET RENAMING CEREMONY 1. The undersigned requests authorization for this command to host a Street Renaming Ceremony to honor fallen Police Officer John Smith, Tax Registry #000000, Shield #00000, 002 Precinct (include details of incident). 2. Below are the details regarding this ceremony: a. Day: Tuesday (Not scheduled on a weekend due to the family’s request) b. Date: July 19, 2005 (Alternate dates Sunday, July 24 and Saturday, August 20) c. Time: 1000 hours (Refreshments immediately following at 002 Precinct) d. Location: In the street in front of the 002 Precinct (In the lobby of the 002 Precinct if inclement weather) e. Type of Ceremony: f. List of Distinguished Guests ( i.e., family members, City Councilman, etc.) g. The 002 Precinct will remain operational during the ceremony, however a total of twenty members from Manhattan South Task Force will be utilized to provide patrol coverage from 0930 hours to 1230 hours. h. Approximately 75 members of the 002 Precinct will participate in the event, 25 will be onduty and in uniform and 50 members will be off-duty and in uniform. Approximately 30 retired members from the 002 Precinct will attend the event in civilian clothes. Additionally, it is anticipated that approximately 50 people from the community will also attend the ceremony. Street Renaming Ceremony NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-114 PAGE: 08/01/13 3 of 3 i. This ceremony is a one time event and not held on an annual basis. j. The following Department resources are requested to participate: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 3. REVISION NUMBER: One member from the Ceremonial Unit to coordinate the event Color Guard Bugler Two bagpipers Department singer Department Chaplain Member of the Photo Unit One helicopter from Aviation Unit for a fly over Two Highway Units to escort family members Four Traffic Agents for traffic control Two members from the Mounted Unit k. Detective Sonia Rivera, 002 Precinct Community Affairs Unit, (646) 610-0000, Cell #(917) 111-1000, Monday- Fridays 1000 x 1800 hours, is the individual responsible for coordinating this ceremony. l. Request that the Mayor, Police Commissioner and the Executive Staff be invited to attend the ceremony. For your information and consideration. Brian James Inspector FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-115 GUIDELINES AND APPROVAL PROCESS PERTAINING TO THE USE OF DISTRACTION DEVICES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 1. A distraction device is a non-lethal hand-held apparatus which generates startling sound and light energy when deployed into a confined area. Its purpose is to provide short-term tactical cover for officers making high risk tactical entries. These devices are non-lethal and are only authorized for use by trained members of the Emergency Services Unit to minimize the risk of physical injuries to all persons present. Use of these devices may be considered during a search warrant execution tactical plan meeting, or may develop ad hoc at the scene of an emotionally disturbed person, a perpetrator search, etc. Circumstances which may support the use of these devices include but are not limited to; the possible presence of firearms, dangerous animals, known violent subjects, multiple subjects and/or the history of the location. 2. Effective immediately, distraction devices may only be utilized upon the specific approval of the Chief of Department. There are NO exceptions to this requirement. 3. A distraction device will not ordinarily be employed during search warrant executions or similar tactical entries, except in those situations where its use is clearly necessary. When the Captain or above concerned believes that ensuring the safety of all persons concerned requires the use of a distraction device, the following approval process will be adhered to: 4. Situations involving the execution of Search Warrants: a. NOTE The Captain or above concerned will contact the Borough Executive Officer and request permission to utilize the device. If the Borough Executive Officer is unavailable, information will be forwarded to the Borough Commanding Officer. When exigent circumstances exist, the Duty Chief may be contacted for approval. b. NOTE Borough Executive Officer will review request and if he/she concurs, will confer with the Chief of Department for final approval. In those exigent circumstances involving the execution of search warrants, where conditions exist that would preclude the notification and approval process, the Captain or above contemplating the use of a distraction device will request the approval of the Chief of Department direct, via the Operations Division. 5. Situations involving emotionally disturbed person(s), perpetrator searches or other exigent circumstances: a. The captain or above concerned will notify the Duty Inspector regarding the situation and request approval. b. If the Duty Inspector concurs, he/she will request the approval of the citywide Duty Chief. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-115 c. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 If the Duty Chief, after considering all available alternatives, agrees that the use of the device is necessary, he/she will contact the Chief of Department via Operations Division for final approval of the use of a distraction device. AT EVERY LEVEL, THE CIRCUMSTANCES SUPPORTING THE PROPOSED USE OF THIS DEVICE WILL BE EXAMINED AND ALL OTHER ALTERNATIVES WILL BE CONSIDERED BEFORE RECOMMENDING APPROVAL OF ITS USE. A DISTRACTION DEVICE MAY NOT BE UTILIZED WITHOUT THE PRIOR DIRECT KNOWLEDGE AND APPROVAL OF THE CHIEF OF DEPARTMENT. 6. Upon conclusion of the incident during which a distraction device was used, the Captain concerned will notify the Emergency Service Unit (E.S.U.) Desk Officer and obtain a Distraction Device Utilization Control Number. He/she will prepare a Typed Letterhead report outlining the circumstances, which justified the use of this device and the names of all persons notified. This report will be forwarded through channels to the Chief of Department. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-116 STREET NARCOTICS ENFORCEMENT UNIT (SNEU) GUIDELINES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To address local narcotics problems and provide guidelines for Street Narcotics Enforcement Units (SNEU). PROCEDURE When a local narcotics problem requires an enforcement program: PRECINCT COMMANDER 1. 2. 3. 4. 5. 6. Prepare a request, on Typed Letterhead, to patrol borough commander indicating: a. The formation or termination of a SNEU team b. Definite starting and conclusion dates c. Specific location where the program is to be conducted d. The names of personnel selected have been submitted to Central Personnel Index for background investigation. Do not implement a SNEU team prior to written approval by the patrol borough commander. Ensure that police officers/detectives assigned to the unit perform duty in uniform under direct supervision of a uniformed supervisor and do not work independently. Ensure all members assigned to SNEU or conducting SNEU operations have attended the SNEU and plainclothes training courses. Ensure all provisions of the “Street Narcotics Enforcement Unit Guidelines” manual are strictly adhered to. a. Do not deviate from the provisions of the “Street Narcotics Enforcement Unit Guidelines” manual without approval of the Chief of Department. b. Ensure all members assigned to SNEU are familiar with the contents of the “Street Narcotics Enforcement Unit Guidelines” manual. c. Have a copy of the “Street Narcotics Enforcement Unit Guidelines” manual maintained in the command reference library. Prepare a report on Typed Letterhead to patrol borough commander through channels, indicating results, after condition subsides. a. Return all uniformed members of the service assigned to the program to regular duties. b. Requests to terminate Street Narcotics Enforcement Units may be made at any time. PATROL BOROUGH COMMANDER 7. Have copies of all approvals/disapprovals forwarded to Chief of Patrol. SNEU SUPERVISOR 8. Confer with Narcotics Borough sergeant or lieutenant concerned prior to every enforcement operation, for the purpose of member safety, efficiency, and effectiveness of enforcement operations with Narcotics Borough personnel. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-116 REVISION NUMBER: PAGE: 08/01/13 a. SNEU SUPERVISOR (continued) b. 2 of 4 Document the notification to the Narcotics Module supervisor on the Supervisor’s Daily Activity Worksheet (Appendix III in the “Guidelines for Conducting SNEU Operations” booklet) Submit the Supervisor’s Daily Activity Worksheet to the special operations lieutenant. SPECIAL OPERATIONS LIEUTENANT 9. Review and file the Supervisor’s Daily Activity Worksheet ensuring that the notification to the Narcotics Module supervisor was made and documented appropriately. SNEU SUPERVISOR 10. 11. 12. Perform duty in uniform. Debrief all prisoners arrested by the SNEU team. Debrief all prisoners arrested by precinct personnel for narcotics-related offenses, when available. Be guided by P.G. 212-68, “Confidential Informants,” when confidential informants are providing information to the unit that will be the basis of a search warrant. 13. ADDITIONAL DATA OVERTIME When arrest processing requires the performance of overtime, only the arresting officer will be retained for that purpose. All other SNEU personnel will be dismissed at the completion of their regular tour. An exception is allowed for the SNEU supervisor to remain until the vouchering of all evidence is completed and the evidence is signed and sealed. FIELD TESTING SNEU supervisors are reminded that when an arrest is made for a misdemeanor or violation involving marijuana sale or possession, the marijuana will be field tested as outlined in P.G. 218-08, “Field Testing of Marijuana by Selected Uniformed Members of the Service within the Patrol Services and Housing Bureaus.” STREET NARCOTICS ENFORCEMENT UNIT OPERATIONAL GUIDELINES a. b. c. Personnel selected for Street Narcotics Enforcement Unit duties must attend the SNEU and plainclothes training courses, prior to performing SNEU duty. Precincts concerned will conduct “SNEU operations” with teams comprised of no less than seven uniformed members of the service consisting of one supervisor and six police officers/detectives. A minimum of two police officers/detectives must be assigned to each of the following: (1) Observation point (2) Apprehension team (3) Prisoner security. Any additional SNEU personnel available beyond the required minimum will first be utilized for arrest processing purposes, and then in any manner the supervisor deems beneficial for the team. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-116 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 3 of 4 A “hospital car” is typically not part of a SNEU operation and hence only in conjunction with executing a search warrant will this position be staffed with extra SNEU personnel. d. e. f. g. h. i. j. k. l. m. SNEU operations will not be conducted unless the minimum number of qualified police officers/detectives and a supervisor are present. All of the members assigned to the unit must be SNEU and plainclothes trained. This includes any members of the service that are used to supplement the minimum number of seven. All personnel assigned to the SNEU operation, including the supervisor, must perform duty in the uniform of the day. The only exception are personnel assigned to the observation point who may perform duty in civilian clothes as described in step “f” below. Personnel assigned to the observation point may perform duty in civilian clothes. They will wear bullet-resistant vests, and will carry the authorized nylon windbreaker, as described in P.G. 204-04, “Optional Uniform Items,” and the authorized baseball cap bearing the letters “NYPD,” to be worn at police incidents for identification purposes. Police officers/detectives will not perform Street Narcotics Enforcement Unit duties unless a precinct supervisor is available for assignment and present with them in the field. Street Narcotics Enforcement Unit personnel will be restricted to enforcement of street violations. (1) The Chief of Organized Crime Control will be notified of offstreet violations coming to the attention of SNEU members. Street Narcotics Enforcement Unit personnel are not authorized to conduct any “buy” operations. Narcotics “kites” alleging drug sales at outside locations may be forwarded to the precinct special operations lieutenant, by the precinct Narcotics Module commanding officer, for targeting by the precinct SNEU team. This would require the approval of the precinct/PSA commanding officer and the Narcotics Group captain concerned. Progress regarding these “kites” will be coordinated and monitored by the precinct Narcotics Management Team, at the weekly meetings. If, in the course of SNEU operations, a member of the unit develops a confidential relationship with an informant who offers, or proposes to offer, information, the member will notify his or her commanding officer and will comply with P.G. 212-68, “Confidential Informants.” Precinct commanders will closely monitor the performance of uniformed members of the service assigned to Street Narcotics Enforcement Units. There will be no time limit as to how long a member may be assigned to the SNEU team. A re-evaluation of the member concerned will be conducted after the member’s second complete year in SNEU, and each year thereafter. In case-specific circumstances, a member of the precinct SNEU team may be assigned temporarily, for a thirty day period, to the precinct Narcotics Module. Written requests for the temporary assignment will be forwarded from the precinct Narcotics Module commanding officer concerned to the patrol borough commander for approval. This would apply to SNEU members who are particularly knowledgeable of a specific narcotics organization and/or location. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-116 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 n. 4 of 4 The precinct field intelligence officer, arresting officer, and a member of the precinct detective squad should be present during the debriefing to assist in the development of information regarding drug trafficking and any other crimes. All uniformed members of the service assigned to SNEU will be familiar with the contents of the “Street Narcotics Enforcement Unit Guidelines” manual. RELATED PROCEDURES Preliminary Investigation of Vice Related, Narcotics or Organized Crime – Related Complaints (P.G. 207-08) Confidential Informants (P.G. 212-68) Field Testing of Marijuana by Selected Uniformed Members of the Service within the Patrol Services and Housing Bureaus (P.G. 218-08) Command Reference Library (A.G. 325-18) FORMS AND REPORTS Street Narcotics Enforcement Unit Guidelines Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-117 USE OF CONDUCTED ENERGY DEVICES (CED) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 8 PURPOSE To inform members of the service of circumstances under which a Conducted Energy Device (CED) may be intentionally used and to record instances when a Conducted Energy Device has been used. CEDs will only be used by authorized uniformed members of the service. Additionally, all patrol supervisors and platoon commanders performing patrol duty assigned to the Patrol Services, Housing and Transit Bureaus will be required to carry a CED in a Department issued holster as authorized. SCOPE A Conducted Energy Device (CED) can be an effective means of subduing suspects and emotionally disturbed persons (EDP’s) in a safe manner. A CED is classified as a less lethal device and is intended to augment and provide a greater margin of safety for officers who might otherwise be forced to physically subdue a dangerous subject. The use of a CED is within the range of use of less lethal devices such as pepper spray or a baton on the force continuum due to its effectiveness at a distance and at close range. A CED should only be used against persons who are actively physically resisting, exhibiting active physical aggression, or to prevent individuals from physically injuring themselves or other person(s) actually present. In many cases, a CED will reduce or eliminate the need for deadly physical force. It will often reduce the potential for injuries to members and suspects that may result from physical restraint and should be regarded as a possible alternative to such force and restraint, where practical. It is prohibited to use a CED in situations that do not require the use of physical force. DEFINITIONS CONDUCTED ENERGY DEVICE (CED) - a device primarily designed to disrupt a subject’s central nervous system by means of using electrical energy sufficient to cause uncontrolled muscle contractions and override an individual’s motor responses. ACTIVATE (ACTIVATION) – To cause the CED to arm by releasing the safety, thereby causing the CED laser sight to operate. CARTRIDGE – a replaceable cartridge which discharges two darts on connecting wires sending a high voltage/low current signal into a subject. DARTS – probes that are discharged from a CED and are designed to penetrate the skin; wires are attached to the probes leading back to the CED. DISCHARGE – To activate a CED, depress the trigger and cause an electric current to flow. Discharge will result in arcing (no cartridge is present) or darts being fired (cartridge is present). TOUCH STUN – To use the CED and discharge the device in a manner such that the hand-held unit makes direct contact with an intended subject’s body. Touch stun mode should only be used in exceptional circumstances and not as a primary method of use. Therefore, when touch stun mode is used, an investigation will be conducted by the commanding officer/duty captain to determine if the CED was properly used. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-117 DEFINITIONS (continued) REVISION NUMBER: PAGE: 08/01/13 2 of 8 AUTHORIZED UNIFORMED MEMBER OF THE SERVICE – A uniformed member of the service who has received authorized Department training in the use of the CED. INVESTIGATING SUPERVISOR - As used in this procedure will be as follows: a. b. The next highest ranking supervisor in the chain of command of the member who discharged the CED, The commanding officer/duty captain for instances of touch stun incidents, when CED is used on a person in police custody or an accidental discharge of a CED has occurred resulting in an injury to any person. NOTE If the investigating supervisor is from a command other than Patrol Services Bureau, Housing Bureau or Transit Bureau and is not available, the investigating supervisor will be the next higher ranking supervisor from the Patrol Services Bureau. (e.g., If a sergeant assigned to a Highway Unit discharges a CED and a lieutenant is unavailable from that Unit to investigate the discharge, a PSB lieutenant or duty captain will conduct the investigation.) PROCEDURE To provide for control, accountability, issuance, use and investigation of the use of Conducted Energy Devices (CEDs): COMMANDING 1. OFFICER 2. 3. NOTE Designate a secure area under the control of the desk officer or appropriate supervisor for the storage of CEDs and cartridges. Ensure availability, operability, and distribution of CEDs assigned to the command on all tours. Ensure that all supervisors performing patrol duties in the command are trained in the use of CEDs. a. ONLY authorized uniformed members of the service will be assigned to carry CEDs. When requesting a replacement or loaner of a CED, replacement of batteries, chargers, or holsters, commanding officers are required to prepare and deliver a Typed Letterhead with item(s) needing replacement, to the Commanding Officer, Firearms and Tactics Section. When requesting replacement cartridges, commanding officers shall prepare and deliver a Typed Letterhead to the Commanding Officer, Firearms and Tactics Section and shall attach a copy of the related LESS LETHAL/RESCUE EQUIPMENT USE REPORT (PD 320-151). DESK OFFICER/ UNIT SUPERVISOR 4. Account for all CEDs and cartridges assigned to the command at the commencement of each tour. a. Make a Command Log entry, include serial numbers. b. Commands that do not maintain a Command Log will account for CEDs and cartridges in an appropriate Department log. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-117 REVISION NUMBER: PAGE: 08/01/13 3 of 8 DESK OFFICER/ UNIT SUPERVISOR (continued) 5. NOTE If available, additional CEDs may be assigned to other authorized uniformed members of the service throughout the tour as determined by the commanding officer. 6. 7. 8. Assign CEDs to authorized uniformed members of the service on each tour taking into account the following: a. At least one operable CED must be assigned to a patrol supervisor and/or platoon commander performing patrol duty at all times. b. One operable CED must be maintained at the desk. Indicate rank, name, shield number/tax number, as applicable, of assigned member(s) in the Command Log. a. Make entry on roll call, identifying member(s) assigned a CED for tour. b. Place notation “CED” next to the name of member(s) assigned a CED. Ensure CEDs, without cartridge attached, are connected to charger, if appropriate, while unassigned. Notify commanding officer when CED is inoperable. AUTHORIZED UNIFORMED MEMBER OF THE SERVICE/ PATROL SUPERVISOR/ PLATOON COMMANDER 9. NOTE Only conducted energy devices authorized by the Commanding Officer, Firearms and Tactics Section will be carried by members of the service. Carrying or use of any other unauthorized conducted energy device may result in disciplinary action. 10. NOTE Carry CED only when trained by the Firearms and Tactics Section. a. CED must be carried on the non-shooting side, in a Department approved holster, attached to gunbelt, and secured to person. b. Emergency Services Unit and uniformed personnel, performing duty in civilian attire, will carry CED in a holster approved by Commanding Officer, Firearms and Tactics Section and Commanding Officer, Special Operations Division, as appropriate. Inspect CED to ensure operability. a. Point CED in safe direction b. Remove cartridge from CED c. Release the safety (place safety in “off” position) d. Ensure the laser is visible and that the battery status light indicates device is energized e. Conduct spark test f. Replace battery if either laser is not visible, battery status light does not operate or if spark test results confirm a weak battery g. Re-inspect CED unit after battery pack is replaced h. Engage safety i. Attach cartridge to CED. Cartridges must be removed and secured away from the CED prior to conducting an inspection. Accidental discharges resulting in injuries may occur if a cartridge is left attached to the CED while conducting an inspection. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-117 REVISION NUMBER: PAGE: 08/01/13 4 of 8 NOTE (continued) Members are reminded that each discharge is registered on the CED’s internal memory that records the date and time of each discharge. Therefore, whenever a CED is discharged (including a spark test to ensure operability or an accidental discharge), such discharge must be recorded in the member’s ACTIVITY LOG (PD112-145), INVESTIGATOR’S DAILY ACTIVITY REPORT (PD439-156), Command Log or other appropriate Department record. AUTHORIZED UNIFORMED MEMBER OF THE SERVICE/ PATROL SUPERVISOR/ PLATOON COMMANDER 11. 12. 13. Inform desk officer/supervisor if the CED does not operate subsequent to battery replacement, is inoperable, or requires repair/replacement. Make ACTIVITY LOG entry and include: a. Results of inspection b. Serial number of CED c. Name of desk officer/supervisor notified if CED is inoperable. Return CED to desk officer upon completion of tour. USE OF CONDUCTED ENERGY DEVICE (CED) AUTHORIZED UNIFORMED MEMBER OF THE SERVICE/ PATROL SUPERVISOR/ PLATOON COMMANDER 14. 15. NOTE CEDs should only be used against persons who are actively physically resisting, exhibiting active physical aggression or to prevent individuals from physically injuring themselves or other person(s) actually present. Members of the service are reminded of the availability of Emergency Service Unit. 16. NOTE Assess situation and determine if the use of a CED would be appropriate. Consider the totality of the circumstances when deciding the minimum amount of force necessary to overcome resistance when effecting an arrest or when taking mentally ill or an emotionally disturbed person into custody. Some factors to consider when determining the appropriate use of force include but are not limited to: a. officer/subject size disparity b. officer/subject strength disparity c. officer/subject age disparity d. officer’s perception of the subject’s willingness to resist e. officer’s perception of the immediate threat to the subject, members of the service and bystanders f. suspect’s violent history, if known g. officer’s location is a hostile environment h. officer’s perception of the subject being under the influence of a stimulant/narcotic which would effect pain tolerance and violence. Issue an appropriate warning, consistent with personal safety, to the intended subject and other members of the service present prior to discharging the CED. The recommended point of aim is lower center mass for frontal discharges (below the chest) and below the neck area for discharges at a suspect’s back. Avoid discharging at an individual’s head, neck and chest, if possible. When practical, discharge the CED at the subject’s back. The CED should not be intentionally aimed at an individual’s groin. Members will not discharge two CED’s simultaneously on a subject. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-117 NOTE (continued) REVISION NUMBER: PAGE: 08/01/13 5 of 8 When a CED is used against a subject it shall be for one standard discharge cycle and the member using the CED must then reassess the situation. Only the minimum number of cycles necessary to place the subject in custody shall be used. In no situation will more than three standard discharge cycles be used against any subject. Members are reminded of other appropriate force options should the CED fail. It is strictly prohibited to use the CED on persons as a form of coercion or punishment and on persons who passively resist (e.g., going limp, offering no active physical resistance). When possible, the CED should not be used on children, the elderly, obviously pregnant females, the frail, against subjects operating or riding on any moving device or vehicle (e.g., motorists, bicyclists, skateboarders) where the subject may fall while it is in motion or in situations where the subject may fall from an elevated surface. The CED should not be used when combustible gases or flammable liquids are present. AUTHORIZED UNIFORMED MEMBER OF THE SERVICE/ PATROL SUPERVISOR/ PLATOON COMMANDER (continued) 17. 18. 19. 20. 21. NOTE Restrain individual, and secure CED. a. Effect arrest of criminal suspect against whom CED was used. b. Comply with P.G. 210-13, “Release of Prisoner – General Procedure” if arrested person did not commit the crime or no crime was committed. c. Comply with P.G. 216-05, “Mentally Ill or Emotionally Disturbed Persons,” when appropriate. Request response of FDNY Emergency Medical Service (EMS), if person received a CED discharge. a. Any person who has been struck by a CED dart or who has had a CED used on him or her in touch stun mode must be examined at a medical facility. Render reasonable aid as necessary. Break the CED wire by hand approximately four to six inches from the dart, taking into account the circumstances including the status of the subject. a. Any dart that has penetrated the skin of any person will only be removed by medical personnel. Safeguard CED cartridge. If a CED was discharged and the darts did not make any contact with the subject (e.g., skin, clothing, etc.), the wire connecting the dart to the cartridge may be broken by hand. The dart portion shall be disposed of in a “sharps” container and the spent cartridge may be disposed of in the trash and not vouchered. An investigation will still be conducted by the investigating supervisor regarding the use of the CED. Spent CED cartridges used by Emergency Service Unit personnel will be safeguarded and vouchered, when appropriate, by the command of record for the subject on whom the CED was used. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-117 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER/ PATROL SUPERVISOR/ PLATOON COMMANDER/ UNIT SUPERVISOR 22. 23. ASSIGNED UNIFORMED MEMBER OF THE SERVICE 26. 24. 25. 27. 28. 29. 30. 6 of 8 Request response of investigating supervisor. Identify witnesses and record names in ACTIVITY LOG, INVESTIGATOR’S DAILY ACTIVITY REPORT or Command Log as appropriate. Assign member of the service to ride in body of ambulance with prisoner or aided. Direct member of the service to take photographs of points of contact on subject’s body resulting from CED darts or touch stun. Inform hospital staff that a CED has been used on the individual. a. Record name of person notified in ACTIVITY LOG. Photograph points of contact on subject’s body resulting from CED darts or touch stun. a. Photos should be taken in a manner to maintain the subject’s privacy, when appropriate (e.g., behind curtain, private room, etc.). Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-150) and MEDICAL TREATMENT OF PRISONER (PD 244-150) in arrest situations. Complete AIDED REPORT WORKSHEET (PD304-152b) in nonarrest situations. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141a). a. Cartridge used will be placed in a Plastic Security Envelope and delivered to desk officer, include photographs, when applicable. b. Ensure PROPERTY CLERK INVOICE number is documented in appropriate Department forms prepared. NOTE Darts will not be vouchered but should be disposed of in a “sharps” container by medical personnel. Members of the service should refrain from handling a dart that has been removed from a subject. INVESTIGATING SUPERVISOR 31. 32. 33. 34. Conduct investigation regarding use of CED. Notify Firearms and Tactics Section: a. Obtain “FTS CED Log Number” b. Enter “FTS CED Log Number” and name of person notified in Telephone Record. Prepare LESS LETHAL/RESCUE EQUIPMENT USE REPORT. a. Prepare REPORT when probes are discharged regardless of whether probes made contact with subject. b. Enter “FTS CED Log Number” on REPORT c. Deliver REPORT to commanding officer. Deliver copies of other reports prepared in connection with CED usage to commanding officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-117 REVISION NUMBER: PAGE: 08/01/13 COMMANDING 35. 36. OFFICER/ DUTY CAPTAIN 37. 38. COMMANDING 39. 40. OFFICER, FIREARMS 41. AND TACTICS SECTION 42. 7 of 8 Conduct investigation when required to act as investigating supervisor. Prepare a Typed Letterhead with results of investigation and include recommendations (e.g., recommend disciplinary action, retraining, use was within guidelines, etc.)when: a. CED is used in touch stun mode only b. Used on a person in police custody c. Accidental discharge of a CED has resulted in an injury to any person. Attach copy of Typed Letterhead, if prepared, to the completed LESS LETHAL/RESCUE EQUIPMENT USE REPORT. Distribute copies of Typed Letterhead, when prepared, and attached LESS LETHAL/RESCUE EQUIPMENT USE REPORT to the following: a. Chief of Department (THROUGH CHANNELS) b. Chief, Internal Affairs Bureau c. Bureau Chief concerned d. Commanding Officer, Firearm and Tactics Section (DIRECT) e. Commanding Officer concerned 44. Maintain a log /database for CED usage. Maintain copies of LESS LETHAL/RESCUE EQUIPMENT USE REPORTS in a binder and input data into database. Maintain a database of information regarding LESS LETHAL/RESCUE EQUIPMENT USE REPORTS. Compile data regarding use and effectiveness of CEDs used by members of the Department. Compile a list of CED usage on a monthly basis and forward to the Chief of Department. Incorporate relevant information into tactical training. COMMANDING OFFICER, INVESTIGATION REVIEW SECTION 45. Review adequacy of investigations and appropriateness of CED usage. ADDITIONAL DATA If a CED has been seized for investigative purposes, it is the responsibility of the investigative unit to ensure a notification is made to the Commanding Officer, Firearms and Tactics Section. Commands which have had a CED seized for investigative purposes will be responsible for retrieving the CED upon the conclusion of the investigation. RELATED PROCEDURES Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Release of Prisoner – General Procedure (P.G. 210-13) Aided Cases - General Procedure (P.G. 216-01) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Invoicing Property – General Procedure (P.G. 218-01) Required Equipment (P.G. 204-09) Use of Force (P.G. 203-11) Deadly Physical Force (P.G. 203-12) 43. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-117 FORMS AND REPORTS DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 8 of 8 PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) AIDED REPORT WORKSHEET (PD 304-152B) LESS LETHAL/RESCUE EQUIPMENT USE REPORT (PD 320-151) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD 255-159) MEDICAL TREATMENT OF PRISONER (PD 244-159) ACTIVITY LOG (PD112-145) INVESTIGATOR’S DAILY ACTIVITY REPORT (PD439-156) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-118 INCIDENTS INVOLVING HOLDERS OF HANDGUN LICENSES OR RIFLE/SHOTGUN PERMITS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To report incidents involving holders of handgun licenses or rifle/shotgun permits. PROCEDURE When a holder of a handgun license or rifle/shotgun permit is involved in an incident coming to the attention of the Department: COMMANDING 1. OFFICER/ DUTY CAPTAIN Assign supervisor to conduct investigation and ascertain facts when a holder of a handgun license or rifle/shotgun permit is involved in an incident (see “ADDITIONAL DATA” statement for incidents that require an investigation). DESK OFFICER 2. Make an immediate telephone notification in ALL incidents involving holders of handgun licenses or rifle/shotgun permits to License Division, Incident Section. a. Make notification directly to a License Division, Incident Section member or License Division supervisor, Monday though Friday 0630 x 1700 hours. b. All other hours, leave a detailed message on the License Division, Incident Section voicemail and include: (1) Type of incident, date, time, location of incident and identity of handgun licensee or rifle/shotgun permit holder (2) Name and rank of investigating supervisor and/or reporting officer (3) Identify the Department reports prepared to document the incident and include relevant Department report numbers, if available. Ensure all appropriate reports are prepared to document the incident, including but not limited to: a. PROPERTY CLERK INVOICE (PD521-141) b. COMPLAINT REPORT (PD313-152) c. ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) d. New York State Domestic Incident Report (DCJS 3221) e. UNUSUAL OCCURRENCE REPORT (PD370-152) f. Other Typed Letterhead, as appropriate. Direct holder of handgun license or rifle/shotgun permit reporting loss of a license/permit to report to the License Division for a new license/permit. a. Direct the preparation of a COMPLAINT REPORT. Direct the handgun licensee or rifle/shotgun permit holder to contact the License Division, Incident Section, when involved in any incident. 3. 4. 5. INVESTIGATING SUPERVISOR ASSIGNED 6. Investigate the circumstances surrounding the incident and ascertain the following information to be included in the Department report(s) prepared: a. If the licensee has a Carry Guard license, ascertain whether the handgun was possessed while actually engaged in the security related employment NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-118 REVISION NUMBER: PAGE: 08/01/13 INVESTIGATING SUPERVISOR ASSIGNED (continued) 7. 8. 9. 2 of 4 that corresponds with the address listed on the license, or if possessed when traveling directly between that place of employment and residence b. If the licensee has a Carry Business or Special Carry license, ascertain whether the licensee is employed by, or operating a business that corresponds with the address listed on the license at the time of incident c. If the licensee has a Premise Residence or Premise Business license, ascertain whether the handgun was possessed at the premise listed on the license; or if licensee claims to have been traveling to or from an authorized range, ascertain whether the handgun was unloaded in a locked container with ammunition carried separately, and whether the licensee was traveling directly to and from the range d. If a licensee has a Limited Carry license, ascertain whether the handgun was possessed at the address listed on the license, or if carried elsewhere, whether the licensee was in compliance with time, day of week, and place restrictions listed on rear of the license e. If a firearm is reported lost or stolen, or for any other incident, ascertain whether or not the firearm was properly safeguarded. Include statement as to whether any unauthorized person(s) had access to the handgun f. If an allegation exists that the licensee made threatening statements, improperly displayed a firearm, was involved in a firearms discharge or for any ongoing disputes, ascertain whether all relevant parties/witnesses have been identified and interviewed. Seize handgun license or rifle/shotgun permit and all firearms listed if: a. The licensee/permit holder is arrested, regardless of charge b. An Order of Protection exists against the licensee/permit holder c. The incident involves physical force or the threat of physical force d. Circumstances lead to the belief that continued presence of a firearm would create an unjustifiable risk of unlawful use or possession of the firearm, or injury to licensee/permit holder or another person e. Further investigation by the License Division is needed to determine whether the actions of the licensee/permit holder affect their qualifications for the license or permit f. Any other situation that may affect public safety. (1) Members are reminded that public safety is the overriding concern when considering the removal of a licensed firearm. Invoice firearms only on PROPERTY CLERK INVOICE. a. Include the following statement in the “Remarks” section of the PROPERTY CLERK INVOICE “Firearms shall not be released without written authorization of the Commanding Officer, License Division.” Prepare a Typed Letterhead to the Commanding Officer, License Division for all incidents unless a COMPLAINT REPORT, ON LINE BOOKING SYSTEM ARREST WORKSHEET, New York State Domestic Incident Report, UNUSUAL OCCURRENCE REPORT, or other Typed Letterhead was prepared detailing an explanation of the NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-118 INVESTIGATING SUPERVISOR ASSIGNED (continued) PAGE: 08/01/13 10. 11. ADDITIONAL DATA REVISION NUMBER: 3 of 4 licensee’s/permit holder’s actions and includes the information ascertained from the investigation of the incident. Prepare a Typed Letterhead to Commanding Officer, License Division upon a voluntary surrender of a firearm, unless the reason for the surrender is explained in either the “Remarks” section of the PROPERTY CLERK INVOICE or on another report, as appropriate. Forward the following to the License Division, Incident Section: a. Copy of all Department reports prepared in relation to incident b. Any seized license(s)/permit(s), if applicable c. Typed Letterhead, if applicable. INCIDENTS INVOLVING A HOLDER OF A HANDGUN LICENSE OR RIFLE/SHOTGUN PERMIT THAT REQUIRE AN INVESTIGATION TO BE CONDUCTED: Incidents involving a holder of a handgun license or rifle/shotgun permit that require an investigation to be conducted include: a. Lost firearms b. Stolen firearms (burglary or larceny) c. Voluntary surrender of firearms d. Allegations of improper display of firearm e. Violating terms, conditions, or rules relating to the license/permit (including but not limited to carrying a firearm in public with a premise license, transporting a firearm on a premise license for use at an authorized range that is not unloaded in locked box, and exceeding time or place restrictions on a Limited Carry license) f. All domestic incidents coming to the attention of the Department g. An Order of Protection in existence or being sought by or against the license/permit holder h. Ongoing or recurring disputes that have potential for violence or allegations of threatening statements i. Co-habitating with a known criminal or other dangerous person j. Eviction or damage to premise (such as fire) that affects ability to safeguard firearm at approved premise k. Suicide or other devastating incidents in the home l. Mental health issues m. Any firearm discharge (except target practice at an authorized range) n. Any arrest or criminal court summons o. Other incident or allegation that requires a follow-up investigation by the License Division. REMOVAL OF FIREARMS FROM LICENSEE/PERMIT HOLDER The Department has broad authority to remove firearms and temporarily suspend a license/permit during the investigation of an incident as outlined above. Prior conferral with the License Division, Incident Section is not required in order to remove firearms and a license/permit from a licensee or permit holder. Members are reminded that public safety is the overriding concern when considering the removal of a licensed firearm. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-118 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 If the firearm cannot be readily obtained at the time the decision to remove firearm is made, the licensee or permit holder shall be advised that he or she must surrender said firearm(s) pursuant to License Division regulations, and shall be given an opportunity to surrender them voluntarily. In the case of an arrest, or an Order of Protection, or any assessment of imminent danger, if the firearm(s) cannot be obtained by consent, and there is probable cause to believe that they are in a particular location, a search warrant will be obtained prior to seizure of the firearm(s), unless exigent circumstances justify an immediate seizure. The supervisor assigned will make every effort to obtain the firearm(s) either by consent or with a search warrant. ADDITIONAL DATA (continued) In all cases, the investigating supervisor and reporting officer(s) must be made available upon request of the License Division investigators to discuss the incident and provide assistance during follow-up investigations and possible hearings at the License Division. A check of the Automated License Permit System (ALPS) can be conducted to determine whether a person (or any person at a given address) has an active handgun license or rifle/shotgun permit. Members of the service can access the system through the Department’s Intranet site under “NYPD Applications.” RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Arrest-General Search Guidelines (P.G. 208-05) Processing Firearms and Firearm-Related Evidence (P.G. 218-23) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) UNUSUAL OCCURRENCE REPORT (PD370-152) Typed Letterhead New York State Domestic Incident Report (DCJS 3221) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-12 CITYWIDE INTELLIGENCE REPORTING SYSTEM DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 4 PURPOSE To record and refer for investigation suspected law violations or persons or activities connected with major crime or terrorist activity. SCOPE Some of the most powerful tools for the detection of criminal activity are the observations of uniformed and civilian members of the service. Whether on or off duty, performing patrol or administrative duties, members of the service can perform an invaluable service by following the contents of this procedure. Each piece of information provided by a member of the service when analyzed and reviewed within the context of other information received, can effectively help our Department’s effort to detect and deter criminal activity. PROCEDURE Upon suspecting or observing information about the involvement of a person or any other entity (e.g., business, vehicle, association of criminals) in ongoing criminal activity or suspected terrorist activity, and when unable to effect a summary arrest: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. Obtain as much information as possible, including names, vehicle descriptions, times of the day, description of persons, etc. Comply with P.G. 212-13 “Reporting Gang Related Criminal Activity,” if information concerns criminal gangs, gang related/motivated incidents, etc. Notify the Intelligence Bureau. a. Suspected terrorist activity can also be reported to the Intelligence Bureau, by members of the service and the public, through the Counter Terrorism hotline. b. Report all pertinent information. Record Intelligence Bureau Log number and Intelligence Bureau member notified in ACTIVITY LOG (PD112-145). Any member of the service (uniformed or civilian) with information concerning suspected terrorist activity will notify the desk officer of the command of occurrence and the Intelligence Bureau direct or the Counter Terrorism hotline. The desk officer of the command of occurrence will ensure that the contents of this procedure are adhered to when the reporting member of service is a civilian, and will enter the Intelligence Bureau Log number and Intelligence Bureau member notified in the Command Log. NOTE All members of the service (uniformed and civilian) should become familiar with the contents of Activity Log insert, “POSSIBLE INDICATORS OF TERRORIST ACTIVITY (PD378-111).” CRIMINAL INTELLIGENCE SECTION 5. Enter all available information into intelligence database system and issue Intelligence Bureau Log number to member who reported the information. a. Information related to suspected terrorist activity will be entered into the database as a terrorism lead and handled accordingly. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-12 REVISION NUMBER: PAGE: 10/16/13 b. CRIMINAL INTELLIGENCE SECTION (continued) 6. 7. 8. 2 of 4 Information related to traditional criminal activity will be entered as an intelligence report. Intelligence reports are available to Field Intelligence Officers, Precinct Commanders, and Borough Commanders, through the Department’s intranet. Generate a printout of each intelligence report pertaining to traditional criminal activity. Transmit completed intelligence report received to Field Intelligence Officer of command that reported the information. a. Confirm receipt by telephone and enter name of member confirming receipt on the bottom of the printout. Forward any intelligence as follows: a. Relating to suspected terrorist activity – Joint Terrorist Task Force (JTTF). (The JTTF will review each terrorism lead and either accept the case or refer it back to the Intelligence Bureau. All leads referred to the Intelligence Bureau will be immediately assigned to the Intelligence Bureau, Criminal Intelligence Section for appropriate investigation.) b. Relating to vice, narcotics or organized auto theft – Vice Enforcement Coordinator or Auto Crime Division, as appropriate. Additionally, a telephone notification will be made to the Organized Crime Control Bureau, Field Operations Desk (FOD) twenty-four hours a day, seven days a week when immediate follow up investigation is necessary c. Organized crime as it relates to the private carting industry, City owned wholesale markets, and boats involved in offshore shipboard gambling emanating from New York City locations - Business Integrity Commission, via the Organized Crime Control Bureau, Field Operations Desk d. Sexual exploitation of children information - Major Case Team, Vice Enforcement Coordinator. Additionally, a telephone notification will be made to the Organized Crime Control Bureau, Field Operations Desk (FOD) twenty-four hours a day, seven days a week when immediate follow up investigation is necessary. e. Any information relative to the traditional organized crime families or Asian or Russian organized crime should be forwarded to the Organized Crime Investigation Division, Intelligence and Analysis Section, Monday through Friday between 0700 and 2200 hours f. Information concerning criminal gangs, gang related/motivated incidents, etc., comply with P.G. 212-13, “Reporting Gang Related Criminal Activity” g. Relating to suspected organized identity theft or organized theft rings operating within New York City – Financial Crimes Task Force h. Relating to suspected organized hate groups operating within New York City - Hate Crime Task Force i. Relating to suspected bank robbery activities occurring within New York City - Joint Bank Robbery Task Force. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-12 REVISION NUMBER: PAGE: 10/16/13 3 of 4 DESK OFFICER 9. 10. Confirm receipt of faxed printout. Forward printout to field intelligence officer. 11. FIELD INTELLIGENCE OFFICER Review printout for accuracy and completeness. a. Interview reporting officer to ascertain additional, relevant information or to clarify or explain, as necessary b. Notify the Intelligence Bureau of any additional information. Confer with commanding officer on a regular basis regarding information obtained and reported. Meet and confer with the Commanding Officer, Criminal Intelligence Section on a regular basis. 12. 13. COMMANDING OFFICER, CRIMINAL INTELLIGENCE SECTION 14. 15. Conduct necessary review and follow up on reported information. Confer with field intelligence officers frequently regarding on-going investigations, crime trends or patterns, significant crimes, etc. a. Notify field intelligence officers concerned when useful information is obtained regarding an ongoing investigation or crime pattern, etc., from a different NYPD command, another lawenforcement or confidential source, or as a result of analysis performed by the Intelligence Bureau. NOTE The Commanding Officer, Criminal Intelligence Section will meet on a regular basis with all field intelligence officers. In addition, the Commanding Officer, Criminal Intelligence Section will meet on a regular basis with other members of the Intelligence Bureau and query other sources within the NYPD and other agencies to identify trends, patterns or information relevant to ongoing investigations across the City and affecting other lawenforcement agencies and jurisdictions. 16. Confer frequently with Commanding Officer, Intelligence Operations and Analysis Section regarding intelligence information relevant to area of assignment. Request detailed intelligence analysis as needed to support investigations conducted by operational units or to support enforcement strategies. a. Convey results of such analysis promptly to the appropriate operational command. COMMANDING 17. OFFICER, INTELLIGENCE 18. OPERATIONS AND ANALYSIS SECTION Ensure that all intelligence reports generated by this process are forwarded to field intelligence officers and the Commanding Officer, Criminal Intelligence Section concerned without delay. Meet at regular intervals with field intelligence officers concerned to provide intelligence overview briefings and to review intelligence needs of operational field commands. NOTE The Commanding Officer, Intelligence Operations and Analysis Section will forward monthly reports to all commands concerned regarding the number of reports and type of intelligence received by the Intelligence Bureau pursuant to this procedure. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-12 REVISION NUMBER: PAGE: 10/16/13 4 of 4 COMMANDING 19. OFFICER, INTELLIGENCE 20. OPERATIONS AND ANALYSIS SECTION (continued) Ensure timely reporting of useful intelligence to operational field commands under this procedure. Ensure that all intelligence is filed chronologically within command and produced when necessary to aid an investigation or as otherwise required by law. COMMANDING 21. OFFICER, INTELLIGENCE BUREAU Provide quarterly reports to the Chief of Department on the results of this procedure. Members of the service who become aware of hidden compartments (traps) in specific vehicles, regardless of whether an arrest is effected, will comply with this procedure and report this information as criminal intelligence. In addition to any other information, the following data will be obtained and reported for entry into the Intelligence Database (IBase): a. Year, make and model of vehicle (e.g., 1998 Nissan Maxima) b. Registration plate number c. VIN number d. Location of trap (e.g., passenger side airbag compartment, floorboard, etc.) e. Property in trap (e.g., guns, drugs, empty, etc.) f. How trap is activated, if known (e.g., defroster ‘on’, emergency brake ‘on’, cigarette lighter ‘pushed in’, cruise control ‘on’, driver’s seatbelt in ‘locked position’) g. Name/location of trap installer, if known (e.g., ‘JJ’s Car Audio Systems, 1313 Tremont Avenue, Bronx, N.Y.’). ADDITIONAL DATA Nothing in this procedure alters the obligation of members of the service to report complaints of public morals, narcotics and organized crime related offenses to the Investigative Support Division of the Organized Crime Control Bureau (pursuant to P.G. 207-08, “Preliminary Investigation of Vice, Narcotics or Organized Crime Related Complaints”). Detectives assigned to the Intelligence Bureau are available twenty-four hours a day to assist investigators and arresting officers in debriefing prisoners with regard to developing intelligence information. The Intelligence Bureau may be contacted twenty-four hours a day. The Intelligence Bureau’s, Criminal Intelligence Section may also be contacted 24 hours a day for investigative case support by means of performing queries in various city, state, federal and commercial computer databases. RELATED PROCEDURES Preliminary Investigation of Vice, Narcotics or Organized Crime Related Complaints (P.G. 207-08) Reporting Gang Related Criminal Activity (P.G. 212-13) FORMS AND REPORTS ACTIVITY LOG (PD112-145) POSSIBLE INDICATORS OF TERRORIST ACTIVITY (PD378-111) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-13 REPORTING GANG RELATED CRIMINAL ACTIVITY DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 5 PURPOSE To establish and define the procedures required of uniformed members of the service for reporting gang-related/motivated criminal activity of suspected gangs or gang members. DEFINITIONS For the purpose of this procedure, the following definitions will be used: GANG – Any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities, the commission of one or more criminal acts, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. DRUG GANG - A gang as defined above that exists primarily for the purpose of distributing illegal narcotics and/or marijuana. GANG RELATED INCIDENT - Any incident of unlawful conduct by a gang member or suspected gang member. GANG MOTIVATED INCIDENT - Any gang related incident that is done primarily: a. To benefit or further the interests of the gang, or b. As part of an initiation, membership rite, or act of allegiance to or support for a gang, or c. As a result of a conflict or fight between gang members of the same or different gangs. GANG RELATED INTELLIGENCE - Information about a gang, suspected gang, an individual gang, or suspected gang member. This includes information about gang meetings, recruiting attempts by gangs, plans by gang members to organize or take part in protests, marches, and other public events, self-styled “community” events organized by a gang, as well as any information useful in developing profiles and intelligence about gang activities. PROCEDURE Upon learning of a possible gang-related or gang-motivated incident, or upon making an arrest of a suspected or identified gang member for any offense: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. Take immediate action as necessary. Notify the patrol supervisor. Enter information in ACTIVITY LOG (PD112-145), if appropriate. Contact the Gang Division Wheel immediately (24 hours/7 days a week). a. Provide all pertinent information to the Gang Division member accepting the report, along with the telephone number of the command/location calling from. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) and/or ON LINE BOOKING SYSTEM ARREST WORKSHEET, as appropriate. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-13 REVISION NUMBER: PAGE: 10/16/13 2 of 5 If incident or information is not recorded on COMPLAINT REPORT or ON LINE BOOKING SYSTEM ARREST WORKSHEET, follow P.G. 212-12, “Citywide Intelligence Reporting System.” NOTE Gang related intelligence (not an incident or arrest) will be recorded as such, and will be reported to the Intelligence Bureau as per P.G. 212-12, “Citywide Intelligence Reporting System.” This will insure that the information will be forwarded to all commands concerned. If the information received involves a drug gang, in addition to notifying the Intelligence Bureau, also notify the Organized Crime Control Bureau’s Field Operations Desk. UNIFORMED MEMBER OF THE SERVICE (continued) 6. 7. 8. NOTE Uniformed members of the service will also record in the “Details” section of the COMPLAINT REPORT WORKSHEET the following : a. If victim/witness has gang affiliation and name of gang b. Perpetrator’s gang affiliation and name of gang. 9. NOTE Enter the statement “possibly gang related” on the COMPLAINT REPORT WORKSHEET in the caption which reads: “Detective Squad Case Number.” Desk officers will ensure that those members of the service assigned to the operation of the On Line Complaint System (OLCS) enter the aforementioned gang information in the appropriate fields. 10. NOTE Be guided by direction given by the Gang Division member. a. If requested, and when feasible, remain at command until Gang Division investigators arrive. Provide full cooperation to Gang Division personnel conducting investigation of the reported gang incident. Enter the following information in the “Details” section of the COMPLAINT REPORT WORKSHEET (PD313-152A) and in the “Narrative” section (when an arrest is made) of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159): a. Name of Gang Division member taking notification, and b. Gang Division Log Number. FAX copy of completed COMPLAINT REPORT WORKSHEET (PD313-152A) to the Gang Division. All uniformed members of the service, regardless of Bureau/District assignment (Patrol Services, Housing, Detective, Organized Crime Control, Transit, etc.) will be responsible for complying with the contents of this Order, including a telephone notification to the Gang Division. Clerical members assigned to precincts, transit districts, housing police service areas, detective squads, etc. will immediately notify their command’s desk officer when a walk-in complaint is received concerning a possible gang-related incident and be guided by the supervisor’s instruction. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-13 REVISION NUMBER: PAGE: 10/16/13 3 of 5 GANG DIVISION MEMBER ACCEPTING NOTIFICATION 11. NOTE If the member making the notification is about to end his/her tour, he or she will recontact the Gang Division on their next available tour of duty, if necessary. GANG DIVISION MEMBER 15. 16. 12. 13. 14. 17. 18. 19. 20. 21. 22. UNIFORMED MEMBER OF THE SERVICE 23. 24. 25. Obtain as much information as possible from member of the service making notification. Enter information in Gang Division Database of Possible Gang Incident. Assign next Gang Division Log number to member making notification. Obtain telephone number of location from which member is calling. a. Advise member making notification to remain available, when feasible, if it appears additional information will be needed or if Gang Division personnel are responding to the member’s location. Notify Gang Division supervisor immediately. Review information received and confer with supervisor to determine whether immediate response to precinct/command of occurrence is necessary. Notify, when appropriate, the member who made the original notification to the Gang Division. a. Advise member if a team from the Gang Division is responding. Obtain, prior to responding: a. Any and all information on gang incidents or activity which may have previously occurred within subject area of precinct/command in question b. Results of name checks on gang members involved in subject incident c. Results of all queries in pertinent Gang Division databases d. Photographs of gang members involved. Provide all pertinent intelligence to, and assist, arresting officer/precinct squad detective assigned. Prepare COMPLAINT FOLLOW-UP (PD313-081) describing any intelligence gathered from the incident and attach photos of the subjects involved. Notify Borough Gang Squad or Transit C.A.G.E. unit of all pertinent information, if appropriate. Enter all information obtained during debriefing, etc. into pertinent Gang Division database(s). Provide Gang Division member with all information available. Permit Gang Division member to interview prisoner(s), complainant(s), witness(es), or other police officer(s). Notify, when appropriate, Gang Division member of the: a. Name of the Assistant District Attorney assigned; b. Charges preferred against the defendant; c. Charges on any indictment; d. Amount of any bail; e. Next court date; f. Scheduling of each subsequent court appearance; g. Status of the prisoner; h. Final disposition. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-13 REVISION NUMBER: PAGE: 10/16/13 4 of 5 NOTE A uniformed member of the service will immediately notify both the Gang Division member and complainant if the defendant posts bail or is released from custody. UNIFORMED MEMBER OF THE SERVICE (continued) 26. Submit all completed forms to desk officer for review. PRECINCT/ BUREAU DETECTIVE SQUAD MEMBER ASSIGNED 27. Keep the Gang Division informed of developments in the investigation, particularly those that may either support or disprove that the incident was gang related or gang motivated. Report disposition of case to the Gang Division. NOTE The Commanding Officer, Gang Division or his/her designee, will have sole authority to designate an incident as gang related or motivated. Whenever possible, this determination will be made within five days from the date of occurrence. Once this determination is made, the Gang Division member assigned will notify the commanding officer, precinct of occurrence and the arresting officer or detective concerned, without delay. 28. PRECINCT/PSA 29. /TRANSIT DISTRICT DESK OFFICER Review and sign COMPLAINT REPORT WORKSHEET and (when an arrest is made) ON LINE BOOKING SYSTEM WORKSHEET, paying particular attention for notification to Gang Division and Gang Incident Log number. 30. Review all COMPLAINT REPORTS/ARREST REPORTS with Gang Incident Log numbers, and all Gang Related Intelligence. COMMANDING 31. OFFICER, GANG DIVISION Prepare and forward to the Chief of Department each month the following: a. A statistical report summarizing all gang-related/motivated incidents. b. An analysis summarizing activity and trends concerning violent street gangs. PRECINCT YOUTH OFFICER The Gang Division has a 24 hour, 7 day-a-week intake capability and can dispatch, when available, experienced detectives to debrief gang members as well as victims and witnesses of gang-related incidents. The Gang Division serves as the Department’s central repository of intelligence on violent street gangs. ADDITIONAL DATA The Gang Division will ensure that any valuable criminal intelligence obtained regarding suspected gangs or gang members is rapidly disseminated to all units within the Department that can use this information to further their investigations and to reduce crime. RELATED PROCEDURES Citywide Intelligence Reporting System (P.G. 212-12) Guidelines for Uniformed Members of the Service Conducting Investigations Involving Political Activities (P.G. 212-72) On-Line Juvenile Report System (P.G. 215-08) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-13 FORMS AND REPORTS DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 5 of 5 ACTIVITY LOG (PD112-145) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-14 TRAFFIC INTELLIGENCE REPORT DATE ISSUED: DATE EFFECTIVE: 08/19/13 REVISION NUMBER: PAGE: 08/19/13 1 of 3 PURPOSE To report traffic conditions that need to be addressed by the New York City Police Department or other outside agencies (i.e., collision-prone locations, chronic traffic congestion-prone locations, double parking, requests for signs or signal lights, pavement markings, construction projects, etc.). PROCEDURE Whenever a uniformed member of the service observes a traffic condition that is not immediately correctable and the need for further assistance is required, OR when a collision-prone location is identified by the Traffic Accident Management System (TAMS): UNIFORMED MEMBER OF THE SERVICE 1. Prepare TRAFFIC INTELLIGENCE REPORT (PD178-150) when a traffic condition is observed and is not immediately correctable by available resources. Indicate on TRAFFIC INTELLIGENCE REPORT: a. Specific type of condition(s) b. Times c. Place(s) of occurrence d. Any corrective measures taken or recommended. 2. NOTE Print clearly and fill in all captions that pertain to the condition. Use common language to describe the condition. 3. Utilize reverse side of TRAFFIC INTELLIGENCE REPORT for: a. Detailed description b. Diagram(s), if applicable c. Additional comments. Submit completed TRAFFIC INTELLIGENCE REPORT to the traffic safety officer, command of occurrence, before end of tour. 4. NOTE If the condition was observed on a limited access highway, submit the completed TRAFFIC INTELLIGENCE REPORT to the highway unit concerned. TRAFFIC SAFETY OFFICER 5. 6. Review TRAFFIC INTELLIGENCE REPORT(S) daily and indicate in the appropriate space on the report: a. Any corrective action taken b. Recommendations Maintain a Precinct/Highway Unit Traffic Intelligence Report Log to record each TRAFFIC INTELLIGENCE REPORT submitted, captioned as follows: Precinct Serial # Date of Report Location Condition Corrective Recommendation Action Taken NEW YORK CITY POLICE DEPARTMENT Date Fwd to DOT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-14 REVISION NUMBER: PAGE: 08/19/13 2 of 3 TRAFFIC INTELLIGENCE REPORTS concerning the same condition, at the same location, during the same week (Monday through Sunday) will be grouped together and given one precinct serial number. The traffic safety officer will forward only one TRAFFIC INTELLIGENCE REPORT to the borough traffic safety coordinator, but will indicate how many other REPORTS were received to report the same condition. NOTE WHEN A COLLISION-PRONE LOCATION HAS BEEN IDENTIFIED BY TAMS: 7. TRAFFIC SAFETY OFFICER 8. 9. 10. Conduct a survey of each collision-prone location to determine what specific factors contribute to a location’s high collision rate. Prepare TRAFFIC INTELLIGENCE REPORT as specified in step 2 above for each collision-prone location. Confer with executive officer regarding conditions that can be corrected at the precinct level through use of available resources. Establish liaison with outside agencies (NYC Department of Transportation, Parks Department, Department of Environmental Protection, Department of Buildings, etc.) to address conditions that cannot be corrected by precinct personnel. If the TRAFFIC INTELLIGENCE REPORT concerns an engineering recommendation, a copy of the REPORT will be forwarded to the Department of Transportation borough commissioner’s office. A telephone notification will also be made and indicate the date, time, and person notified at the DOT borough office on the TRAFFIC INTELLIGENCE REPORT. Indicate the date REPORT was forwarded to DOT in the precinct Traffic Intelligence Report Log. NOTE 11. Forward copies of TRAFFIC INTELLIGENCE REPORTS to the borough traffic safety coordinator WEEKLY and indicate: a. Corrective actions taken and/or recommendations for further measures, if necessary. b. File copies of the TRAFFIC INTELLIGENCE REPORT for precinct/highway unit records. NOTE Conditions requiring immediate attention such as complaints of potholes, missing traffic signs, inoperable signal lights, etc., will NOT be forwarded to the borough traffic safety coordinator. Upon making an observation of a condition requiring immediate attention, corrective action must be initiated by the member of the service at the scene of the condition including a notification to the precinct telephone switchboard operator for entry on the HIGHWAY CONDITION RECORD (PD311-151). OPERATIONS COORDINATOR 12. NOTE Preparation of a TRAFFIC INTELLIGENCE REPORT does not relieve precinct personnel from taking other corrective action to expedite the flow of vehicular traffic and ensure pedestrian safety. Ensure each Monday the WEEKLY STREET CONDITIONS SURVEY (PD311-150) is reviewed and appropriate agencies/members notified. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-14 BOROUGH TRAFFIC SAFETY COORDINATOR REVISION NUMBER: PAGE: 08/19/13 13. 14. 15. 3 of 3 Maintain a borough Traffic Intelligence Report Log utilizing the same format as specified above but with an additional column for the borough serial number. Confer with borough executive officer regarding conditions that can be corrected at the borough level through the use of borough resources. Forward copies of the TRAFFIC INTELLIGENCE REPORT to the Traffic Management Center ONLY where precinct or borough personnel cannot correct condition(s) and the condition(s) is not reportable on the WEEKLY STREET CONDITIONS SURVEY or HIGHWAY CONDITION RECORD. TRAFFIC MANAGEMENT CENTER TRAFFIC SAFETY OFFICER 16. Review and analyze TRAFFIC INTELLIGENCE REPORTS and: a. Assist precinct or patrol borough in correcting condition(s). b. Confer with outside agencies, if applicable. c. Report findings to the commanding officer. ADDITIONAL DATA A TRAFFIC INTELLIGENCE REPORT will be prepared for all incidents involving a construction site (refer to P.G. 214-16,“Construction Sites”). Include all permit numbers, indicate if a check of the New York City Department of Transportation’s Management Oriented Street Attributes Information Control System (MOSAICS) computer was made and indicate the results, including any enforcement action taken. A computer check can be made twenty-four (24) hours a day through the Traffic Management Center by telephone. A liaison with city, state, and federal agencies must be established at the borough and precinct level to ensure a coordinated effort to correct conditions which are considered outside the Department’s purview. The borough traffic safety coordinator will be responsible for maintaining a current list of liaisons with such outside agencies. RELATED PROCEDURES Traffic Safety Coordinator (P.G. 202-06) Traffic Safety Officer (P.G. 202-28) Emergency Plans “A” - “B” - “C” (P.G. 213-13) Construction Sites (P.G. 214-16) Weekly Street Conditions Survey & Daily Observations Of Highway Conditions Requiring Corrective Action (P.G. 214-22) Accidents and Collisions - City Involved (P.G. 217-04) FORMS AND REPORTS TRAFFIC INTELLIGENCE REPORT (PD178-150) WEEKLY STREET CONDITIONS SURVEY (PD311-150) HIGHWAY CONDITION RECORD (PD311-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-15 LOJACK STOLEN VEHICLE RECOVERY SYSTEM AND MONTHLY REPORT DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 3 PURPOSE To provide guidelines for tracking and recovering stolen vehicles when utilizing the Lojack Stolen Vehicle Recovery System (SVRS). DEFINITION POLICE TRACKING UNIT (PTU) - a two officer RMP equipped with a Police Tracking Computer (PTC). The RMP Recorder is responsible for recording all tracking incidents. TRACKING - the process of utilizing a Police Tracking Computer (PTC) in an effort to locate a vehicle emitting an active radio signal (no visual contact made). PROCEDURE When an RMP crew is assigned to perform patrol duties in a Police Tracking Unit: RMP RECORDER 1. 2. 3. Place the locking switch of the Police Tracking Computer (PTC) in the lock position to allow the system to do a complete diagnostics check before starting the RMP. Place the locking switch in the unlock position upon completion of the diagnostics check. Place the locking switch in the lock position immediately upon receiving a signal that a stolen vehicle is within range. The receipt of a Lojack signal by a Police Tracking Unit (PTU) establishes reasonable suspicion that a crime has been committed. Additional information must be obtained to establish probable cause prior to arresting the vehicle occupant(s). NOTE RADIO DISPATCHER 4. Note the five digit alpha numeric code of the vehicle being tracked and transmit that code and your present location to the radio dispatcher. 5. Notify the patrol supervisor of the RMP designation engaged in tracking an active radio signal. Enter the five digit code into NYSPIN and inform the requesting unit of the following vehicle information: a. Registration number b. Make and model c. Color and year d. Other relevant information regarding theft. 6. PATROL SUPERVISOR 7. Monitor tracking activities of Police Tracking Unit (PTU) and terminate tracking if required by policies of the Department, or when otherwise appropriate. WHEN A VEHICLE IS BEING TRACKED WITHOUT VISUAL CONTACT RMP RECORDER 8. Advise radio dispatcher when it is necessary to cross precinct boundaries to continue tracking. Police Tracking Units (PTU) shall not track beyond their precinct boundaries without the permission of the patrol supervisor. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-15 REVISION NUMBER: PAGE: 10/16/13 2 of 3 NOTE Uniformed members of the service are not authorized to track vehicles beyond New York City limits under any circumstances. RMP recorders will request the radio dispatcher to notify the police department concerned about vehicle information and direction of travel when a vehicle leaves the city limits. PATROL SUPERVISOR 9. Request the dispatcher to assign a Police Tracking Unit (PTU) in adjoining precinct to continue tracking vehicle if no visual contact has been made, when available. If unavailable, determine whether RMP should continue tracking beyond precinct boundaries. WHEN VISUAL CONTACT IS MADE WITH A VEHICLE RMP RECORDER RMP RECORDER 10. 11. Advise dispatcher whether the vehicle is occupied or unoccupied; moving or parked. Take appropriate action (e.g., arrest, notification to adjoining police department, etc.), regardless of precinct boundaries. Members shall be guided by P.G. 212-39, “Vehicle Pursuits”, whenever they are in pursuit of a vehicle emitting active radio signals. NOTE The patrol supervisor shall ensure that the provisions of P.G. 212-39, “Vehicle Pursuits”, are strictly observed. Patrol supervisors must monitor all tracking incidents within their area of assignment and must terminate pursuits/tracking whenever appropriate. ALL TRACKING SITUATIONS RADIO DISPATCHER 12. NOTE No other RMP will participate in an on-going track unless directed to do so by the patrol supervisor. RMP RECORDER 13. 14. 15. 16. COMMANDING 17. OFFICER ADDITIONAL DATA Notify adjoining precinct when a tracking incident progresses into their boundaries. Notify dispatcher when a signal is lost, a vehicle is recovered, or when an arrest is effected. Make an appropriate ACTIVITY LOG (PD112-145) entry for each tracking incident. Follow normal Patrol Guide procedures for recovery of stolen/abandoned vehicles. Indicate in the “Remarks” section of the PROPERTY CLERK INVOICE (PD521-141) that the vehicle was recovered using the Police Tracking Computer (PTC). Ensure that the LOJACK MONTHLY REPORT (PD171-152) is forwarded to the Chief of Patrol, through channels, by the third day of each month. Deactivation of Radio Transmitter - The radio transmitter in a recovered vehicle will be automatically deactivated when information is received by NYSPIN that the vehicle has been recovered or the alarm is canceled. Thus, an alarm will be canceled whenever a Lojack equipped vehicle is to be safeguarded at the stationhouse as evidence, pending transport to the auto pound. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-15 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 3 of 3 Recovery of Vehicles on Private Property - Police officers shall not enter upon private property to track a vehicle. However, Police Tracking Units (PTU) may enter upon private property if: (1) they are in close pursuit of a vehicle which is attempting to elude apprehension and is emitting a radio signal, or (2) there is an emergency situation, or (3) there are other exigent circumstances, or (4) a search warrant is obtained. The mere fact that a vehicle on private property is emitting a radio signal does not constitute an emergency or exigent circumstances. The patrol supervisor shall notify the Auto Crime Division, if available to determine whether a search warrant should be obtained, or whether a COMPLAINT REPORT (PD313-152) should be prepared or the Intelligence Bureau notified. When Auto Crime is unavailable, confer with the Precinct Detective Squad. ADDITIONAL DATA (continued) Replacement and Repair of SVRS Equipment - The Fleet Services Division will be notified whenever a Police Tracking Unit (PTU) is expected to be out of service for an extended period of time (e.g., major mechanical repairs, vehicle collision, etc.) or when broken or malfunctioning SVRS equipment needs replacement or repair. All commands with vehicles equipped with Lojack Police Tracking Computers (PTC’s) will prepare LOJACK MONTHLY REPORT (PD171-152). This report will provide the Department with the information necessary to analyze and assess the Lojack System, as well as track recovery activity. Negative reports will also be forwarded. The LOJACK MONTHLY REPORT requires a complete entry by the recovering command whenever a vehicle is recovered using a Lojack Police Tracking Computer. However, the Aviation Unit must report every tracking incident in which the unit is involved. The Aviation Unit will enter only the following information on the LOJACK MONTHLY REPORT: a. Alarm number b. Date/time of track c. Command where Lojack signal was picked up. The LOJACK MONTHLY REPORT will be forwarded by the third day of each month, for the previous month’s activity, through channels, to the Patrol Services Bureau. To maximize the effectiveness of the Department’s Stolen Vehicle Recovery System, all platoon commanders (or desk officers in their absence) will ensure that at least one Lojack Police Tracking Computer equipped vehicle is on patrol on every tour. Additionally, desk officers will ensure that alarms for all complaints of stolen vehicles are promptly transmitted. RELATED PROCEDURES Vehicle Stolen and Recovered Within New York City (P.G. 218-14) Vehicle Stolen Outside New York City - Recovered Within New York City (P.G. 218-15) Photographing Stolen Evidence Vehicles When An Arrest Is Made (P.G. 218-18) Vehicle Pursuits (P.G. 212-39) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) LOJACK MONTHLY REPORT (PD171-152) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-16 EVACUATIONS OF NEW YORK CITY TRANSIT TRAINS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide procedures for the evacuation of trains. DEFINITIONS REACH TRAIN - A train brought in front of or behind a stalled train, to which passengers transfer by walking through the stalled train. RESCUE TRAIN - A train brought alongside a stalled train, to which passengers can cross by using emergency evacuation devices. EMERGENCY EVACUATION DEVICES - located at the south end of the southbound platform near the first emergency telephone blue light for underground stations and near the twenty-four hour token booth on elevated stations. One side of the device can be used as a ramp and the other as a ladder. PROCEDURE Upon receiving information that a train is to be evacuated or a discharge of passengers is ordered: EMERGENCY SITUATIONS UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. NOTE Immediately notify the patrol supervisor/duty captain through the radio dispatcher and report who on the scene ordered the evacuation and reason. Comply with instructions of duty captain regarding evacuation, including whether to evacuate passengers to a reach train, to a rescue train, or otherwise. Advise passengers of the reason for the evacuation. Coordinate and cooperate with New York City Transit personnel on scene. Avoid unnecessary forceful confrontations with passengers. Evacuate passengers as directed by patrol supervisor or duty captain. a. If a reach train is used, direct passengers to walk through train towards the first or last car, as appropriate. b. If a rescue train is used, assist passengers to cross gap between trains over emergency evacuation devices. c. If no reach or rescue train is used, direct passengers onto benchwall via emergency evacuation devices and lead to nearest station, or if this is not practical, to the nearest emergency exit. If passengers are to be evacuated to the benchwall or roadbed, ensure that power is removed prior to evacuation. Power is not removed if passengers are evacuated to a rescue train or a reach train. 7. Evacuate passengers onto the tracks via emergency evacuation devices and lead to the nearest station or emergency exit as conditions warrant, if no other means are available. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-16 REVISION NUMBER: PAGE: 08/01/13 2 of 2 NOTE In the event that some passengers are non-ambulatory, emergency equipment shall be used. PATROL SUPERVISOR 8. 9. Establish command post. Keep radio dispatcher and duty captain informed of conditions and need for additional personnel. DUTY CAPTAIN 10. Immediately contact the New York City Transit, Rapid Transit Operations Command Center via radio and inform them of the condition. a. Consult with Rapid Transit Operations Command Center to determine if either a reach train or rescue train will be used, or if passengers should be evacuated via benchwall or roadbed. Maintain constant communication with Rapid Transit Operations Command Center and personnel at the scene. Direct sufficient personnel and supervision to the scene and make appropriate notifications as required. 11. 12. NON-EMERGENCY SITUATIONS UNIFORMED MEMBER OF THE SERVICE 13. 14. 15. 16. Coordinate activities with New York City Transit personnel on scene. Use tact and courtesy and avoid unnecessary forceful confrontations with passengers remaining on the troubled train. Advise passengers who are reluctant or refuse to evacuate that they will be taken to an alternate location when possible. Notify the duty captain of the movement and arrival at the alternate location, when assigned to ride the affected train with passengers aboard. PATROL SUPERVISOR 17. Make appropriate assignments of personnel in accordance with the number of passengers who choose to continue on the train. DUTY CAPTAIN 18. Communicate with Rapid Transit Operations Command Center and field personnel on scene to ensure the assignment of sufficient personnel to effect the safe movement and discharge of passengers at the alternate terminus. ADDITIONAL DATA For both emergency and non-emergency situations, the duty captain or ranking member in charge will ensure that a report on Typed Letterhead is prepared describing the circumstances of the incident and any action(s) taken. The report is to be forwarded to the Chief, Transit Bureau. FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-17 PROCEDURES AT SCENES OF CRITICAL SITUATIONS ON NEW YORK CITY TRANSIT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide procedures to be followed at the scene of certain incidents. PROCEDURE The following procedures will be followed in cases of fires, floods, collisions, derailments, persons under trains and other major disruptions of service: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Remove power from affected area, when necessary. Post a responsible person in the street near the scene to direct responding emergency units and equipment. If necessary, evacuate or remove persons from trains and/or stations. DO NOT permit the removal of a sick or injured member of the Fire Department without consent of the fire officer in charge. Remove person(s) from under trains except when person is deceased and possibly the victim of a crime, when possible. Administer necessary first aid to victim(s). Exclude unauthorized person(s) from the area. Establish police/fire lines. Establish a command post. Obtain the names, addresses and telephone numbers of all witness(es), and their employer’s names, business addresses and telephone numbers. a. Record this information in ACTIVITY LOG (PD112-145) together with any statement made by such witness(es). Report full details to the duty captain or incident commander, unless a supervisor designates another member to report details, when assigned to post on which the incident occurred. a. Include the following information, where applicable: (1) Train operator’s name, address, telephone number, pass number, run number and regular days off (2) Statement of train operator (3) Conductor-in-charge’s name, address, telephone number, pass number, run number and regular days off (4) Statement of conductor-in-charge (5) Line (6) Northbound or southbound, express or local (7) Lead motor car number (8) Departure time (9) Point of departure (10) Terminus (11) Car numbers (12) Car(s) involved (13) Police Emergency Service Unit truck number (14) Detective handling the investigation (15) Power ordered off - by whom, time (16) Power ordered restored - by whom, time NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-17 REVISION NUMBER: PAGE: 08/01/13 2 of 2 DUTY CAPTAIN/ INCIDENT COMMANDER 12. Prepare a report on Typed Letterhead, describing circumstances of incident and any action(s) taken. a. Forward report to Chief, Transit Bureau. ADDITIONAL DATA All uniformed members of the service, especially those assigned to subway patrol duty, should be cognizant of the New York City Transit (NYCT) procedure for train crews to signal for police assistance. The train operator and/or conductor may utilize a train horn or whistle to request police assistance, as follows: LONG SOUND immediately followed by a SHORT SOUND, and then another LONG SOUND immediately followed by a SHORT SOUND. Members of the service, upon hearing the above sound signals, shall, in a tactically safe manner, immediately respond to the nearest member of the train crew (either the conductor or train operator), to investigate the police condition. Members of the service are reminded that personal safety is of paramount importance and they always must exercise sound tactics and good judgement whenever they respond to a train signaling for police assistance. As always, all police action will be recorded in the member’s ACTIVITY LOG including any reports prepared and/or notifications made. FORMS AND REPORTS ACTIVITY LOG (PD112-145) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-18 SEARCHES FOR ARMED/DANGEROUS PERSONS ON NEW YORK CITY TRANSIT TRACKS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To provide procedures for searching subway tunnels and other track areas when in pursuit of a person wanted for the commission of a serious crime or armed with a deadly weapon. SCOPE In most instances, it is not necessary to remove power or to actually enter the tracks when searching tunnels and track areas. Searches are normally conducted by members riding in the lead cars of trains passing in both directions through the affected area. However, the serious nature of certain incidents may require that a more thorough search be performed. DEFINITIONS OUTER PERIMETER - An area sufficiently removed from the actual scene of the incident to ensure safety to all spectators, including representatives of the news media. The establishment of outer perimeters requires the evacuation of all civilians and unnecessary police personnel from this area. INNER PERIMETER - Frozen area, encompassing the incident location. No one will be permitted in this area without a protective vest appropriate to the level of threat present. No one will be allowed to enter the Inner Perimeter except: a. Borough commander or duty chief; b. Commanding Officer, Special Operations Division, and personnel under his/her command; c. Commanding Officer, Emergency Service Unit, and personnel under his/ her command; d. Hostage Negotiating Coordinator and personnel under his/her command; e. Technical Assistance Response Unit (TARU) supervisor and personnel under his/her command; f. Bomb Squad supervisor and one technician, when bomb is present or suspected; g. Any other person(s) with the permission of the patrol borough commander or duty chief. MASS REFLEXIVE RESPONSE - Sometimes referred to as “contagious shooting,” mass reflexive response is the phenomenon which occurs when a shot fired by one officer sets off a chain reaction of shooting by other personnel on the scene. It involves reacting based on one’s instinct rather than on a rational assessment of the situation. FIREARMS CONTROL - Firearms control requires that no member of the service on the scene will discharge a firearm unless and until directed to do so by the supervisory officer in charge, unless discharging a firearm is absolutely necessary for self-defense or the defense of another and there is no other alternative. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-18 REVISION NUMBER: PAGE: 08/01/13 2 of 4 PROCEDURE When there is cause to believe that the perpetrator of a crime has fled into a tunnel, open cut, or other track area and is still therein, and that the perpetrator either: a. Used force or threatened the use of deadly physical force, OR b. Caused serious physical injury, OR c. Is armed with a deadly weapon. UNIFORMED MEMBER OF THE SERVICE (FIRST ON THE SCENE) 1. 2. 3. 4. 5. 6. NOTE Notify radio dispatcher immediately of the incident by radio or telephone, and give full details including description of perpetrator, crime committed, direction of flight, type of weapon used or displayed, subway lines involved, etc. Request response of appropriate patrol supervisor and additional units, as necessary. Remain on the platform and secure the area. DO NOT enter the track area. Maintain continuous surveillance from platform. Be cognizant of the danger of “Mass Reflexive Response.” a. The first members on the scene will immediately establish and maintain firearms control. Uniformed members of the service should be aware that, although New York State Penal Law and Department procedures may authorize the use of deadly physical force in a given situation, they will not be subject to criticism or disciplinary action for choosing not to discharge their firearms. 7. Coordinate the following measures pending the arrival of a supervisor and ensure that: a. All platforms and points of entry to tunnel are secured b. Exits from the system are secured c. Police lines are established far enough from the incident to protect passersby and to prevent persons from interfering with police operations. RADIO DISPATCHER 8. Notify the following of the location and type of incident: a. Patrol supervisor, transit district of occurrence and precinct of occurrence NOTE The first patrol supervisor to arrive at the scene will assume command of the situation. In addition, the patrol supervisor, transit district of occurrence, will provide expertise in transit system operations, including the location of emergency exits and other escape routes requiring police coverage. b. c. d. Canine Team Emergency Service Unit District commanding officer or precinct commanding officer/duty captain. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-18 RADIO DISPATCHER (continued) PAGE: 08/01/13 9. 10. NOTE REVISION NUMBER: 3 of 4 Notify Rapid Transit Operations Command Center of the situation and request that trains use caution and not pick up persons from roadbed unless so directed by police on the scene. Dispatch, immediately, additional members or Department vehicles to emergency exits and adjoining stations and direct them to remain at those locations until notified otherwise. This will contain the suspect and improve the probability of apprehension. 11. 12. Notify all personnel to stay off the tracks and out of the tunnel. Notify the district commanding officer/precinct commanding officer or duty captain whenever a request is made to turn power off in order to conduct a tunnel search. UNIFORMED MEMBER OF THE SERVICE 13. Notify radio dispatcher, immediately, if an exit is open, when dispatched to an emergency exit. PATROL SUPERVISOR/ RANKING OFFICER IN CHARGE 14. 15. Respond to scene and assume command of the situation. Evaluate the situation pending the arrival of Canine Team and Emergency Service Unit personnel. Ensure that all uniformed members of the service present are directed to maintain firearms control. a. As soon as circumstances permit, designate one or more uniformed members of the service who will act as the designated shooter(s) if the use of deadly physical force becomes unavoidable. b. Designate a uniformed member of the service to maintain radio contact with the Communications Section dispatcher, so that the dispatcher and responding personnel are kept apprised of the situation as it develops. NOTE The ranking officer in charge will personally assume responsibility for firearms control. To maintain firearms control, he or she must to be able to immediately assess conditions as they develop, and to give appropriate direction instantaneously. Therefore, the ranking officer in charge will assume a position within the inner perimeter, at the focal point of the situation. 16. 17. NOTE Ensure that members have been properly deployed to secure platform, points of entry to tunnel and exits from the system, and to establish appropriate police lines. Members of the service in civilian clothes should not ordinarily be used for the securing of tunnels or exits. 18. Confer with Canine Team/Emergency Service Unit personnel on the scene about the feasibility of search, need for establishing inner and outer perimeters, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-18 REVISION NUMBER: PAGE: 08/01/13 4 of 4 PATROL SUPERVISOR/ RANKING OFFICER IN CHARGE (continued) 19. NOTE If patrol supervisor/ranking officer in charge determines that a search is to be conducted on New York City Transit facilities, the patrol supervisor/ranking officer in charge and the senior member of the Canine Team/Emergency Service Unit shall be responsible for directing the tactical deployment of personnel. Additionally, members should not enter tunnels or open cuts at any time during searches for armed felons except when absolutely necessary in extreme emergencies. PATROL SUPERVISOR/ RANKING OFFICER IN CHARGE AND SENIOR MEMBER, CANINE TEAM/ EMERGENCY SERVICE UNIT 22. 23. DISTRICT COMMANDING OFFICER/ PRECINCT COMMANDING OFFICER OR DUTY CAPTAIN 26. 27. 28. 20. 21. 24. 25. 29. 30. 31. 32. 33. RELATED PROCEDURES Determine whether a search is feasible and warranted, based upon nature of crime, time of day, location, probability of suspect being in tunnel, etc. Keep radio dispatcher informed of conditions and of any need for additional personnel. Establish a Command Post. Determine if inner and outer perimeters should be established. Notify the district commanding officer/precinct commanding officer or duty captain through the radio dispatcher and request the removal of power, if search is warranted. Commence tunnel search as per Canine Team/Emergency Service Unit procedures, upon notification that power has been removed. Notify radio dispatcher and request restoration of power, when search is completed, condition is normal, and track area is cleared of personnel. Respond to scene and take command. Ascertain that firearms control has been established. Determine whether power should be removed, based upon reported information, seriousness of condition, location, and time of day. Notify Canine Team/Emergency Service Unit personnel when power has been removed from track area and search can commence. Coordinate all activities with units concerned, field personnel, and command post, when search is delayed because of rush hour conditions. Keep the Rapid Transit Operations Command Center Desk Superintendent informed of all conditions, including when the track area is clear for resumption of normal service. Have transit borough commander/duty inspector and patrol borough commander/duty chief notified to respond in verified situations where armed/dangerous person(s) are on New York City Transit tracks. Direct all concerned to resume normal patrol, upon receipt of information from the patrol supervisor/ranking officer in charge that the area search has been completed. Removal of Power In Subway (P.G. 212-24) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-19 ANIMALS ON NEW YORK CITY PUBLIC TRANSPORTATION DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To provide procedures for uniformed members of the service coming into contact with dogs or other animals on the New York City Transit system or aboard New York City Transit buses. SCOPE Section 1050.9(h)(1), New York Code Rules and Regulations - “No person may bring any animal on or into any conveyance or facility unless enclosed in a container and carried in a manner which would not annoy other passengers.” The following are exemptions to this section of law: a. NYPD Canine Team dogs or other working dogs for law enforcement agencies b. Seeing eye dogs or other service animals that are harnessed and trained to assist persons who are visually impaired c. Hearing guide dogs or other service animals trained to assist a person with a hearing impairment d. Support dogs or other service animals that are trained to assist a person with a physical impairment e. Animals used to assist persons with disabilities that are not readily apparent, including epilepsy, heart disease, lung disease, and other medical conditions f. Animals which are being trained as service animals and are accompanying persons with disabilities g. Service animals undergoing training by professional trainers possessing the necessary identification such as: (1) Training school identification OR (2) Letter from the training school OR (3) A training school collar tag. NOTE An individual with a disability who is accompanied by a service animal cannot be required to submit proof of disability or any form of documentation, or to demonstrate or otherwise prove that the animal is a service animal. An officer who is uncertain as to whether the animal is a service animal may inquire regarding whether such animal is providing assistance because of a disability. Animals whose behavior poses a direct threat to the health or safety of others, or whose presence creates an undue risk to the general public, may be excluded. Dogs are the most common service animals, but other animals may be utilized as service animals, provided they perform specific functions and tasks pertaining to an individual’s disability. However, it should be noted that many service animals are not identified by special or colored collars or harnesses, nor is the owner required to present a license or other identification for the animal. Service animals must be harnessed or leashed (and otherwise within control of the handler). For further guidance on whether an animal qualifies as a service animal under the disabilities’ laws, contact the Legal Bureau. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-19 REVISION NUMBER: PAGE: 08/01/13 2 of 3 PROCEDURE Whenever a dog or other animal is observed on the system or the handler is NOT exempted as specified above: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. NOTE Eject from the transit system any person or persons violating Section 1050.9(h), New York Code of Rules and Regulations for the use of the New York City Transit System. a. Issue a Criminal Court summons or Transit Adjudication Bureau (TAB) - Notice of Violation, if necessary. Comply with the following, if coming upon a stray animal, excluding dogs, on the transit system: a. Notify the Communications Division, Transit Communications Unit, including: (1) Type of animal (2) Direction of flight (3) Assistance needed. b. Restrain animal in a safe place. c. Remain with animal until arrival of the Animal Care and Control of New York City (A.C. & C.). Comply with the following, if coming upon a stray dog on the transit system: a. Notify radio dispatcher, including the direction of flight and assistance needed. b. Restrain animal in a safe place. c. Remain with animal until arrival of the Animal Care and Control of New York City. d. DO NOT chase after a dog while attempting to secure it because this may cause it to run away from the perceived threat. e. Request Emergency Service Unit to restrain a dog if it is causing a safety hazard and must be restrained. If a restraining pole is necessary, it should not be held out in front of the dog, waved or presented as a weapon, as this will threaten the dog and cause it to run away. If a dog is dangerous, the use of a tranquilizer gun may be required. f. 4. Request a patrol supervisor and Emergency Service Unit, if a dog is on the roadbed. (1) DO NOT enter roadbed to retrieve the dog without the permission of the patrol supervisor. g. Notify radio dispatcher, if a dog enters a tunnel, of the station the dog is heading towards. (1) Patrol supervisor shall confer with Emergency Service Unit member concerned to determine the need to turn off power. Notify radio dispatcher, if coming upon a dead animal. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-19 REVISION NUMBER: PAGE: 08/01/13 3 of 3 COMMUNICATIONS DIVISION, TRANSIT COMMUNICATIONS UNIT 5. NOTE Operations Division personnel will then notify the A.C. & C. member who is on-call for emergencies who will respond and/or provide instructions. 6. 7. 8. 9. RELATED PROCEDURES Notify the Animal Care and Control of New York City (A.C. & C.) in cases of stray or injured animals. In emergency situations between 2000 hours and 0800 hours weekdays, and twenty four hours a day on weekends and holidays contact the Operations Division. Notify New York City Transit Maintenance-of-Way Department in cases where a dead animal is on the roadbed. Notify New York City Transit Station Department to remove dead animal from the station to the street. Notify the Department of Sanitation of street location where dead animal is to be removed. Ensure that Emergency Service Unit vehicle equipped with a restraining device and tranquilizer gun is dispatched when it has been requested, and animal poses a safety hazard. Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Care and Disposition of Animals (P.G. 214-33) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-20 EJECTION FROM NEW YORK CITY TRANSIT PROPERTY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To provide procedures for uniformed members of the service having occasion to eject a passenger from New York City Transit property. SCOPE Any person who violates any portion of NYCRR Part 1050, regardless of whether or not that person has also been issued a Transit Adjudication Bureau/Notice of Violation (TAB summons) or a Criminal Court Summons for that violation, is subject to ejection from New York City Transit facilities. Issuance of a Notice of Violation does not preclude a uniformed member of the service from ejecting a passenger from the transit system, if the member concerned deems it appropriate. PROCEDURE When necessary to eject a passenger: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. NOTE If the passenger’s conduct is such that it requires more force than is ordinarily needed to assist and guide the passenger out of the transit system, an arrest may be appropriate. 4. 5. FORMS AND REPORTS Advise passenger of ejection and reason. Permit passenger, who voluntarily leaves the property or shows a willingness to do so, to leave without interference. Use no more force than is necessary to effect the ejection, if passenger refuses to leave. a. Generally, grasping the upper arm and forearm to escort the person off the system is considered using reasonable force necessary to effect the ejection. Make ACTIVITY LOG (PD112-145) entries and prepare a TRANSIT SYSTEM EJECTION REPORT (PD372-140) each time an ejection is effected. Submit the completed TRANSIT SYSTEM EJECTION REPORT to the district desk officer prior to completion of tour. ACTIVITY LOG (PD112-145) TRANSIT SYSTEM EJECTION REPORT (PD372-140) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-21 PHOTOGRAPHY ON THE NEW YORK CITY TRANSIT SYSTEM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To provide procedures for uniformed members of the service observing photography on the transit system. SCOPE Transit Authority Rule 1050.9(c) (which deals with photography on the system) reads as follows: “Photography, filming, or video-recording in any facility or conveyance is permitted except that ancillary equipment such as lights, reflectors or tripods may not be used. Members of the press holding valid identification issued by the New York City Police Department are hereby authorized to use necessary ancillary equipment. All photographic activity must be conducted in accordance with the provisions of these Rules.” PROCEDURE When a uniformed member of the service observes persons engaged in photography on the transit system: UNIFORMED MEMBER OF THE SERVICE 1. 2. NOTE Take no police action if person engaged in photography is using a camera alone, without any additional equipment such as lights, tripods, or reflectors, and if such photographic activity is creating no hazard to public safety or to the efficient operation of the transit system. Ascertain whether or not person has valid press identification issued by the New York City Police Department, if person engaged in photography is using additional equipment such as lights, tripods, or reflectors. If a person using additional photographic equipment does not have valid press identification, or if any person engaging in photographic activity is creating a hazard to public safety or to the efficient operation of the transit system: a. Warn person that he/she is in violation of the New York City Transit Rules: (1) Direct person to cease. b. Issue TAB/NOV or Criminal Court summons, eject from system, or arrest, as appropriate, if person does not desist from photography that violates New York City Transit Rules. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-22 MALFUNCTION OF TRANSIT BUREAU RADIO NETWORK DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide procedures for communication when there is a malfunction of the Transit Bureau radio network. PROCEDURE When the Transit Bureau radio network malfunctions and/or there is an interruption in service: COMMUNICATIONS SECTION DISPATCHERS AND/OR SUPERVISORS 1. 2. 3. 4. 5. 6. CHIEF OF DEPARTMENT OPERATIONS UNIT 7. 8. 9. TRANSIT BUREAU OPERATIONS 10. 11. Notify immediately, via intercom or telephone: a. On-staff radio technicians and direct them to identify, evaluate and correct the problem b. Affected transit districts c. Transit Bureau Operations Unit d. Operations Unit (Chief of Department). Notify immediately, via division citywide frequencies: a. Patrol Services Bureau b. Precincts located within and adjacent to the geographic area affected by the Transit Bureau radio network malfunction. Re-route Transit Bureau calls for service to Patrol Services Bureau. a. Precinct personnel will be assigned transit calls for service. b. Dispatch another unit to the location if call for service is not finalized in thirty minutes. Prioritize 911 calls from uniformed members of the service in the field. Conduct a radio check of various units in strategic areas within the affected area at thirty minute intervals, until condition is corrected. Notify Operations, Transit Bureau Operations and district desk officer when the condition is corrected. Notify executive staff and duty chief. Notify patrol boroughs concerned and direct that patrol personnel be assigned to conduct foot patrol within subway stations and/or on platforms of elevated lines in the affected area. a. Direct Patrol Services Bureau officers to notify Transit Bureau officers to contact their command for instructions/reassignment. b. Place the Patrol Borough Task Force concerned on “Alert” for use within Transit, if required. Generate FINEST message alerting districts and Patrol Services Bureau of outage. Notify the Chief of Transit Bureau, all Transit Bureau borough commanders, New York City Transit Rail Control Center, and all Transit Bureau High Alert Captains immediately. Notify Transit Bureau Special Operations Division to have their units contact their commands for instructions/reassignments. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-22 TRANSIT BOROUGH COMMANDS 12. 13. 2 of 2 Ensure all districts/commands in the affected and adjacent areas are notified. Notify Electronics Section and request adequate number of UHF division radios to be picked up by transit borough commands for distribution to affected district commands. Assign a captain or above as the incident commander for that borough to monitor police operations and initiate a systematic signal system requiring MOS to telephone their command at periodic intervals and to locate a telephone on post capable of receiving and sending telephone calls for the dispatch of emergency messages from the district command. Most times, New York City Transit system telephones, located at every token booth and at various yellow telephone boxes throughout the subway are capable of receiving incoming and outgoing telephone service. 15. TRANSIT DISTRICT DESK OFFICER 16. 17. UNIFORMED MEMBER OF THE SERVICE 18. 19. 20. 21. 22. ADDITIONAL DATA PAGE: 08/01/13 14. NOTE REVISION NUMBER: Ensure that all uniformed members of the service are accounted for, notified to make hourly signals, and directed to conduct all police business via telephone. Assign uniformed members of the service a UHF radio and to paired patrols until such time as the malfunction is corrected. Suspend assignments in civilian clothes. Make hourly signals to district/command. Keep radio in the “ON” position in the event that radio repairs are made. Attempt to contact the radio dispatcher utilizing the Transit Bureau VHF radio every half hour until condition is corrected. Notify radio dispatcher and the district desk officer, when condition is corrected. Return UHF radio to transit district desk officer at the end of tour. Sergeants assigned to the New York City Transit Rail Control Center will liaison with the Communications Section, Chief of Department Operations Unit, Transit Bureau Operations, and Transit boroughs during the malfunction of the Transit Bureau radio network. Sergeants assigned to the Rail Control Center will relay NYCT Department of Subways radio transmissions of interest to the Transit Bureau Wheel via landline. In addition, a request will be made to the Rail Control Center to have train operators remain alert when entering subway stations to stop the train and inform uniformed members of the service that there is a police radio malfunction in the area and request the member to “call his/her command.” Uniformed members of the service should remain cognizant of the fact that New York City Police Department radios, other than those normally assigned to the Transit Bureau, will not work underground (except for those few Manhattan stations equipped with underground repeaters). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-23 INSPECTION OF RAPID TRANSIT STATIONS ON POST DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To inspect rapid transit stations (New York City Transit, Port Authority TransHudson [PATH], or Staten Island Rapid Transit [SIRT]) located within a member’s assigned post or sector. PROCEDURE When a member’s assigned post or sector includes a rapid transit station: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Before entering a toilet used by a person of the opposite sex, member concerned will knock on the door and announce loudly “Police Inspection.” If persons of the opposite sex are within, member WILL NOT enter until their departure, UNLESS informed of criminal activity therein. 2. 3. 4. 5. 6. 7. 8. Confer with railroad clerk, at each station, as to conditions requiring police attention. Inspect concessions, toilets, stairways, mezzanines, platforms and all token booths whether open or closed, for conditions requiring police attention. Visit each station on post at least once, and as often as practicable, unless otherwise directed. Make ACTIVITY LOG (PD112-145) entries concerning conditions reported by railroad clerk and results of inspections. Know hours of operation for concessions in the station. Investigate suspicious conditions in the station. Report any accident/crime prone condition, unsanitary condition, or fire hazard. Prevent persons unable to care for themselves from entering the system. a. Ensure that necessary assistance is provided to such persons. RADIO MOTOR PATROL RECORDER 9. 10. 11. Inspect each uncovered station and post in patrol sector. Make ACTIVITY LOG entries of results of such inspections. Notify district desk officer of any uncovered station in sector not inspected and reason. DISTRICT DESK OFFICER 12. Ensure on first platoon that any post not inspected during the previous twenty-four hours is inspected, as soon as possible. ADDITIONAL DATA Members performing Transit Bureau assignments shall proceed immediately after roll call to the nearest station of assigned post, unless otherwise directed by competent authority. FORMS AND REPORTS ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-24 REMOVAL OF POWER IN SUBWAY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To establish guidelines to be adhered to when requesting the removal of power in the subway. SCOPE Removal of power in the subway can be extremely hazardous, dangerous and disruptive to police personnel, passengers and New York City Transit employees and should only be requested in extreme emergencies involving life-threatening situations. PROCEDURE When it becomes necessary to request the removal of power in the subway: UNIFORMED MEMBER OF THE SERVICE, FIRST ON THE SCENE 1. 2. 3. 4. 5. DO NOT enter the track area, except in extreme emergencies. Notify the radio dispatcher in the usual manner. Provide complete details including, if applicable: a. Full description of the condition or suspect(s) b. Crime committed c. Type of weapon d. Direction of flight, etc. Request response of the Patrol Services Bureau and Transit Bureau patrol supervisors, and additional units necessary to secure the platform area and points of entry to the tunnel. Notify required units, e.g., Emergency Service Units, detective squad, Crime Scene Unit, etc., as necessary. NOTE Prompt notification and timely response of specialized units will minimize the duration of the power removal and subsequent disruption. PATROL SUPERVISOR 6. 7. NOTE Make determination whether a search or other police action will be conducted in the tunnel. Determine the manner in which a police operation is conducted, including the necessity for removal of power. Before requesting the removal of power, consider the wide scale ramifications of this action. Some of the factors to be considered, but not limited to, are: a. The time of day (rush hour/non-rush hour) b. Weather conditions (extreme heat) c. Type of station (elevated or below ground) d. Location of trains e. Extent of injuries in aided cases f. Risk to the riding public, if a crime is involved. 8. 9. Notify the Operations Unit of the time of the request for the removal of power. a. Notify the Operations Unit when power is restored. Notify and request the response of the district commander/duty captain. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-24 REVISION NUMBER: PAGE: 08/01/13 2 of 3 DISTRICT COMMANDER/ DUTY CAPTAIN 10. 11. Respond to the scene and supervise police operations. Ensure that proper notifications have been made to the Operations Unit. NOTE The ranking officer supervising police operations will make maximum utilization of the experience and expertise of New York City Transit personnel at the scene. MEMBER CONCERNED, OPERATIONS UNIT 12. NOTE Uniformed members of the service will not personally shut off power, unless there is a grave risk of IMMINENT danger to the officers concerned or to others and NO OTHER safe alternative is available. Notify the Police Commissioner’s Office, the Office of Chief of Department, and the Transit Bureau Wheel of any removal of power within the transit system which occurs as a result of police action. a. A second notification will be made upon restoration of power. WHEN IT IS NECESSARY TO IMMEDIATELY REMOVE POWER FROM TRACK AREA DUE TO IMMINENT DANGER: UNIFORMED MEMBER OF THE SERVICE CONCERNED 13. 14. NOTE New York City Transit will automatically RESTORE THE POWER if notification is not made immediately. 15. NOTE Open emergency alarm box and pull lever down as far as it will go and release the lever (located in subway tunnels, spaced about 400 to 600 feet apart, beneath the blue light). a. Power on all tracks in the vicinity will be immediately turned off. Use the telephone (located at the alarm box), immediately after removing power, to notify the Rapid Transit Operations Command Center Desk Superintendent of the situation. Notify the radio dispatcher via radio, if telephone notification cannot be made, and request that immediate notification be made to the Desk Superintendent concerned. The train operator or conductor’s New York City Transit radio can be used by police personnel for conducting direct communications with the Rapid Transit Operations Command Center. The removal of power may be avoided, in many instances, by obtaining the cooperation of train motormen and riding in the lead cars of trains, in both directions, through the affected area to search for fleeing suspects. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-24 REVISION NUMBER: PAGE: 08/01/13 3 of 3 PATROL SUPERVISOR/ RANKING OFFICER IN CHARGE 16. Confer with a New York City Transit supervisor on the scene, after ensuring that all personnel are off the tracks, as to whether power can be restored immediately after the condition, which required the removal of power, has been corrected. ADDITIONAL DATA Members of the service are reminded that the NYC Transit has the capability of limiting the removal of power to the actual tracks involved in the critical incident. Turning off the power directly from the emergency alarm boxes will remove the power in both directions and on all tracks for several stations. This can cause a major tie-up on the subway system thereby creating other hazards. Therefore, when possible, all requests for the removal or restoration of third rail power will be made directly to the Rapid Transit Operations Command Center Desk Superintendent. This request can be made via the motorman’s radio, Rapid Transit Operations Radio or if no other alternative exists by the radio dispatcher in the usual manner. In all cases, an immediate follow-up notification will be made to the Communications Division, Transit Communications Unit. In cases where a dead human body is found under circumstances indicating an apparent homicide or is otherwise suspicious, the investigating officer from the Crime Scene Unit will photograph and mark the position of the body (head, leg, arm, etc.) and any other items of evidence that must be removed to avoid destruction by passing train traffic. The body will then be removed to an area of safety for further examination so that the power and service can be restored. If a suspicious death/homicide occurs on a train, the body should remain undisturbed. The car or cars involved shall be secured, and a uniformed member of the service shall be assigned to accompany the car involved as it is removed to the train yard or other place where the investigation will be completed. If the member so assigned is anyone other than the investigating officer, that member shall remain with the removed car until the investigating officer’s arrival. Prior to moving the car, the investigating officer will mark its position and note the order and serial numbers of all cars in the make-up of the train. If necessary, investigators may return to the scene to conduct a search for additional evidence. When a body is found in the track bed and is obstructing passenger train traffic, it will suffice to have the responding detectives photograph the body in place from several angles prior to its removal. RELATED PROCEDURE Searches for Armed/Dangerous Persons on New York City Transit Tracks (P.G. 212-18) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-25 REVENUE ESCORTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To provide procedures for performing revenue escorts. PROCEDURE When post or sector assignment includes a scheduled New York City Transit revenue escort, upon arrival at station: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. NOTE Uniformed members of the service equipped with traditional revolver holster shall break safety seam. 5. 6. 7. FORMS AND REPORTS Ascertain from railroad clerk the exact time of the scheduled escort. Report to booth five minutes prior to the time of the escort. Walk approximately five feet behind the railroad clerk and to the side where clerk is carrying revenue. Keep hand on firearm with glove off. a. Remain alert at all times. Make ACTIVITY LOG (PD112-145) entries, upon completion of revenue escort. Contact the district desk officer and be guided by instructions, if revenue escort is not ready to leave at scheduled time. DO NOT carry New York City Transit revenue or any other articles that could impede the safety of the escort, under any circumstances. ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-26 INSPECTION OF NEW YORK CITY HOUSING AUTHORITY FACILITIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure that New York City Housing Authority facilities are being properly inspected and to suppress criminal activities therein. DEFINITION N.Y.C. HOUSING AUTHORITY FACILITY - Includes, but is not limited to, community centers, child care centers, maintenance shops and areas, storerooms, health centers, senior citizen centers, tenant recreation rooms, management offices, laundry and boiler rooms, etc. PROCEDURE Uniformed members of the service shall comply with the following guidelines relative to inspecting N.Y.C. Housing Authority (NYCHA) facilities: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. NOTE Be responsible for the suppression or rapid discovery of burglaries or related crimes on assigned post. Check each NYCHA facility on assigned post during the first and last hour of each tour of duty, if possible. a. Make appropriate ACTIVITY LOG (PD112-145) entries. Frequently inspect security of NYCHA facilities on assigned post during tour of duty. a. Make appropriate ACTIVITY LOG entries of all facility inspections. Comply with any additional instructions given by supervisory officers relative to facility security measures. a. Give special attention to those facilities accorded “Post Condition” status. Members of the service assigned to a high priority incident will not be required to conduct security checks as stated above. PATROL SUPERVISOR 5. Request the response of a patrol supervisor upon discovery of a burglary or related crime committed within a NYCHA facility. 6. Inspect assigned member’s ACTIVITY LOG during tour to ensure that NYCHA facilities have been inspected. UPON NOTIFICATION OF A BURGLARY OR RELATED CRIME WITHIN A NYCHA FACILITY: PATROL SUPERVISOR 7. 8. 9. 10. 11. Respond to scene and supervise investigation. Interview members of the service at location. Ascertain that location has been secured. Take other appropriate action as deemed necessary. Ensure that all required reports (i.e., COMPLAINT REPORT [PD313-152]) are prepared in connection with the incident. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-26 NOTE PAGE: 08/01/13 2 of 2 Whenever an arrest is made of a perpetrator for the burglary of a NYCHA facility, the patrol supervisor will evaluate the circumstances, and when warranted, will recommend the arresting officer(s) for Departmental Recognition. 12. PSA COMMANDING 13. OFFICER 14. 15. COMMANDING 16. OFFICER, 17. HOUSING BOROUGH ADDITIONAL DATA REVISION NUMBER: Coordinate police and N.Y.C. Housing Authority management efforts to suppress crime. Solicit recommendations from assigned members on methods to deter crimes in facilities. Prepare a written directive to assigned members, indicating any additional instructions concerning the frequency and manner of inspection that may be required on their posts. Maintain liaison with executive members of the N.Y.C. Housing Authority to ensure coordination of efforts. Coordinate and direct special units of the housing borough for maximum effectiveness in suppressing facility burglaries and related criminal activity. Apprise the Chief of Housing Bureau of conditions within NYCHA facilities, when necessary. PSA commanding officers will work closely with Housing Authority managers concerning ongoing construction initiatives and the temporary storage of materials and equipment on Housing Authority property. Housing Authority managers will provide PSA commanding officers with a list of development addresses where materials and equipment will be stored while the development is undergoing construction and/or improvement(s). Based in this information, PSA commanding officers will ensure that all on-site storage locations are temporarily designated as NYCHA facilities, and inspected in conformance with this procedure. The PSA community affairs officer will survey the physical layout of each NYCHA facility within the command, and will recommend, to the development manager concerned, measures concerning: a. The proper locking/securing of facilities b. Appropriate lighting for surroundings c. Securing valuable items d. Acquiring additional security devices that may deter crime, etc. The PSA crime analysis officer will evaluate statistical data of incidents to identify specific times, locations and other patterns of crime. This information will be made available to the PSA commanding officer, on a continual basis. FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-28 DISABLED HOUSING AUTHORITY ELEVATOR CAR WITH PASSENGERS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To ensure the prompt and safe removal of passengers from disabled elevator cars in Housing Authority buildings. PROCEDURE Upon arriving at the scene of a disabled elevator car with passengers: UNIFORMED MEMBER OF THE SERVICE 1. NOTE If a delay in the response of Housing Authority Emergency Service personnel is expected, a request for N.Y.P.D. Emergency Service Unit personnel will be made even in situations deemed to be of a non-emergency nature. 2. NOTE Notify radio dispatcher and request response of: a. Housing Authority Emergency Service personnel, via the PSA telephone switchboard operator, police service area of occurrence. b. N.Y.P.D. Emergency Service Unit and ambulance, if situation requires the immediate removal of passengers in cases involving, but not limited to: (1) Cardiac condition (2) Seriously ill passenger, etc. Remain at the location of a disabled elevator car with passengers and provide necessary assistance until: a. Properly relieved by other police personnel b. Condition is corrected and elevator car door, as well as the outer car door, is properly secured. Members of the service shall NOT attempt to remove passengers from a disabled elevator car without the assistance of Housing Authority and/or N.Y.P.D. Emergency Service Unit personnel who are trained in the removal of passengers from disabled elevators. 3. 4. Notify radio dispatcher when condition is corrected. Prepare FIELD REPORT (PD313-1511) and AIDED REPORT WORKSHEET (PD304-152b), if necessary, upon completion of assignment. a. Include names and addresses of passengers and names and shield numbers of responding Emergency Service personnel. ADDITIONAL DATA If the incident may involve the Housing Authority in a civil action, members shall notify the PSA desk officer and report all pertinent details in accordance with P.G. 217-11, “Accidents – New York City Housing Authority Involved.” RELATED PROCEDURE Accidents – New York City Housing Authority Involved (P.G. 217-11) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) FIELD REPORT (PD313-1511) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-29 FIREARMS DISCHARGE BY UNIFORMED MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 9 PURPOSE To record and evaluate incidents in which uniformed members of the service discharge firearms, and incidents in which a firearm that is or should have been in the possession or control of a uniformed member is discharged. NOTE A firearms discharge does not include a discharge during an authorized training session or while lawfully engaged in target practice or hunting. Additionally, it does not include a firearms discharge at a firearms safety station within a Department facility. See ADDITIONAL DATA for accidental firearms discharge at a firearms safety station. DEFINITION PATROL BOROUGH SHOOTING TEAM - Consists of, on an ad hoc basis, personnel assigned to the Borough Investigations Unit, Detective Bureau, Emergency Service Unit, community affairs officers, precinct patrol supervisors and precinct police officers. SHOOTING TEAM LEADER - Each patrol borough shooting team will have as its leader one of the following ranking officers: Commanding Officer, Borough Investigations Unit or, one of the number of captains designated by the borough commander and approved by the Chief of Department. INVESTIGATING OFFICER - Shooting team leader conducts investigation, whenever a uniformed member of the service discharges a firearm, and signs required report, under the supervision of: a. Duty inspector when no personal injury occurs or when a perpetrator or bystander sustains a non-serious firearms injury b. Duty chief when anyone is killed or seriously injured by gunshot or a uniformed member of the service is injured by gunshot. NOTE When no shooting team leaders are on duty and a uniformed member of the service discharges a firearm which results in an injury, the patrol borough concerned will activate a shooting team leader from off-duty. In such cases, the precinct commanding officer/ duty captain will respond to the scene and take charge of the investigation. When the shooting team leader arrives, the leader will be briefed by the precinct commanding officer/duty captain and will thereupon assume responsibility for the investigation (see Appendix “A”). Commanding/executive officer, precinct of occurrence/duty captain conducts investigation and signs required report, under the supervision of the duty inspector, whenever a uniformed member of the service discharges a firearm under circumstances where there: a. Is no injury to a person, and b. No shooting team leaders on duty. (Commanding officers of Transit Bureau districts and Housing Bureau police service areas where the incident occurred, if on duty at the time of the shooting, will perform this function when the shooting involves uniformed members of the service within their respective jurisdictions (see Appendix “A”). NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-29 REVISION NUMBER: PAGE: 08/01/13 2 of 9 NOTE (continued) Interim and final reports on firearm discharges, initially reported by shooting team leaders, will be the responsibility of the Commanding Officer, Patrol Borough Investigations Unit. The commanding officer, precinct of occurrence, will be responsible for interim and final reports initially investigated by non-shooting team ranking officers (see Appendix “A”). PROCEDURE When a uniformed member of the service discharges a firearm, either on or offduty, or any incident in which a firearm that is or should have been in the possession or control of a uniformed member is discharged: UNIFORMED MEMBER OF THE SERVICE 1. NOTE If firearm is discharged outside New York City, uniformed member of the service concerned will promptly report discharge to local police authorities and the Operations Unit, either personally or by responsible messenger. Pursuant to the investigation of these incidents, investigating officers may use Department vehicles without obtaining prior permission, if responding outside the City but within the residence counties. Incidents occurring outside the City but within the residence counties will be investigated as follows: a. Patrol Borough Bronx will assign an investigating officer to conduct investigations in Westchester, Rockland, Orange or Putnam Counties. b. Patrol Borough Queens South and Patrol Borough Queens North will alternately assign an investigating officer to conduct investigations in Nassau or Suffolk Counties. PATROL SUPERVISOR 2. Respond to scene and take command. a. Assess injuries of involved members. (1) Direct seriously injured members be transported to the nearest trauma center. (2) Direct members sustaining minor injuries (i.e., tinnitus) be transported to the nearest hospital after conferring with the commanding officer/duty captain, if available. b. Establish crime scene, if necessary. c. Notify the desk officer. DESK OFFICER 3. Notify precinct commanding officer/executive officer, Operations Unit, patrol borough command, and Internal Affairs Bureau, Command Center, without waiting for details. a. Ensure a supervisor is responding directly to the hospital where injured member is receiving treatment. COMMANDING 4. OFFICER/ DUTY CAPTAIN Confer with patrol supervisor if on scene prior to transportation of injured member, and direct injured member be transported to nearest trauma center/hospital, as appropriate. OPERATIONS UNIT 5. Request patrol supervisor, and: a. Call for ambulance and render assistance to injured, if necessary b. Safeguard the scene. Notify duty chief. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-29 REVISION NUMBER: PAGE: 08/01/13 3 of 9 PATROL BOROUGH COMMAND 6. Notify: a. Duty inspector b. Appropriate investigating officer, i.e., duty captain, shooting team leader. DUTY INSPECTOR 7. Respond to scene, and: a. Confer with commanding officer or executive officer/duty captain/shooting team leader. INVESTIGATING OFFICER 8. Respond to scene and conduct investigation. a. Request the assistance of personnel assigned to the Internal Affairs Bureau, Office of Deputy Commissioner, Public Information, Office of Chief, Community Affairs, Office of Deputy Commissioner, Legal Matters, etc., when appropriate. Notify District Attorney’s Office in all shooting cases. a. Confer with District Attorney before interviewing uniformed member(s) of the service. 9. NOTE Unresolved issues with the District Attorney will be brought to the attention of the duty inspector/duty chief and be guided by their direction. 10. 11. NOTE Interview: a. Witnesses b. Other persons involved c. Uniformed member concerned, if appropriate. Direct patrol supervisor to inspect firearms for evidence of recent discharge (i.e., presence of spent rounds). a. Have Firearms Analysis Section notified if firearm was discharged. If anyone was injured as a result of police firearms discharge, direct patrol supervisor to secure all weapons that were discharged. A member assigned to the Borough Investigations Unit will transport the firearm(s) to the Firearms Analysis Section. 12. 13. 14. 15. Direct uniformed member concerned to prepare FIREARMS DISCHARGE/ASSAULT REPORT (PD424-151). a. Direct patrol supervisor to prepare REPORT, if uniformed member concerned is incapacitated. Assign uniformed member(s) of the service involved, temporarily, to patrol borough office of assignment, or counterpart, for a minimum of three consecutive scheduled tours (exclusive of sick time or regular days off), if firearms discharge causes death or injury. Notify Operations Unit and patrol borough command of details of investigation and temporary assignment of uniformed member concerned, if such assignment was made. Prepare report on Typed Letterhead, addressed to the Chief of Department, based on “Firearms Discharge Manual, A Guide to the Preparation of a Shooting Incident Report.” NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-29 PAGE: 08/01/13 INVESTIGATING OFFICER (continued) NOTE REVISION NUMBER: a. b. 4 of 9 Include findings as to whether firearms discharge was within or outside Department guidelines, if investigation is completed, and Include any recommendations, as per the following schedule: (1) FINDINGS (a) No violation of Department firearms guidelines (b) Violation of Department guidelines (c) Accidental discharge - violation (d) Accidental discharge - no violation (2) RECOMMENDATIONS (a) No corrective action to be taken (b) Member concerned to review the law and instructions (c) Member concerned to have additional firearms instructions (d) Retraining in tactics re: ________________ (e) Current assignment of member be reviewed (f) Other (Command Discipline, Charges and Specifications, etc.) re: ________________ Ordinarily, there will be one “finding” per firearms discharge incident and one or more “recommendations” about follow-up action to be taken. However, an incident involving multiple firearms discharges by an individual uniformed member of the service may have more than one “finding.” For example, an incident wherein two rounds are fired may have a “finding” that one discharged round was “No violation of Department firearms guidelines,” and the other fired round was a “Violation of Department guidelines.” In these split “findings” cases, the investigating officer will clearly specify the nature of each fired round. In many cases the investigating officer’s determination about the shooting being “within/outside” the Department’s guidelines will be reserved for the future when the investigation is completed, e.g., following the interview of uniformed member concerned (see P.G. 206-13, “Interrogation of Members of the Service”, presentation to grand jury, or completion of a criminal trial. However, other co-relative decisions will not be postponed. For example, regarding behavior or violations of Department guidelines, immediate action will be taken when the member’s behavior is erratic, e.g., refer to Psychological Services, if appropriate, or derelictions are uncovered, e.g., initiate disciplinary actions. These actions will be described in the initial report in its “Miscellaneous” section. c. 16. Indicate in report the time and date uniformed member concerned was temporarily assigned to patrol borough/ counterpart command. Review and sign report. a. Distribute as follows: (1) Original and first copy - to Chief of Department’s Investigation Review Section, Firearms Discharge Review Board, Room 1100A, Police Headquarters, DIRECT. (a) Attach first copy of FIREARMS DISCHARGE/ ASSAULT REPORT. (2) Copy - Deputy Commissioner, Strategic Initiatives, (if death or injury) Deputy Commissioner, Training Chief of Department NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-29 REVISION NUMBER: PAGE: 08/01/13 INVESTIGATING OFFICER (continued) 17. 5 of 9 Chief of Patrol Chief of Housing Bureau, if appropriate Chief of Personnel Chief of Transportation, if appropriate Commanding Officer, Firearms and Tactics Section Patrol Borough Commander Uniformed member’s commanding officer, if other than precinct of occurrence. Distribute remaining copies of FIREARMS DISCHARGE/ASSAULT REPORT, as indicated on form. PATROL BOROUGH/ COUNTERPART COMMANDER 18. NOTE Uniformed member(s) of the service involved in such incidents will not be returned to permanent command without prior approval of Chief of Department. COMMANDING/ EXECUTIVE OFFICER, MEMBER CONCERNED 19. 20. COMMANDING OFFICER, BOROUGH INVESTIGATION UNIT/PCT OF OCCURRENCE 21. Prepare report on Typed Letterhead for bureau chief concerned reviewing temporary assignment of uniformed member(s) of the service concerned. a. Recommend continuance or discontinuance, as appropriate. Conduct informal interview of uniformed member(s) concerned, after initial investigation is completed. a. Inquire about uniformed member’s well being b. Offer any assistance deemed appropriate including the services of the Counseling Services Unit, Employee Relations Section, Early Intervention Unit (EIU) and Police Organization Providing Peer Assistance (POPPA). Conduct a follow-up interview of the uniformed member concerned within twenty-four to forty-eight hours. a. Observe uniformed member’s post trauma reaction. b. Repeat offer of the services of the Employee Relations Section, Early Intervention Unit (EIU), and Police Organization Providing Peer Assistance (POPPA). Prepare final report on Typed Letterhead within ninety days of the incident. a. Submit interim reports on a monthly basis, if unable to comply within ninety days, indicating reason for delay, e.g., District Attorney requested delaying interview of uniformed member(s) concerned, etc. b. Include, in the final report, all information not available at the time of the initial report, and (1) Findings and recommendations (2) Medical Examiner’s report (3) Ballistics report (4) Department Gunsmith’s report (accidental discharges) (5) Synopsis of uniformed member(s) statements (6) Statement that Communications Section tapes were audited and are consistent or not consistent with uniformed member(s)/witnesses’ statements NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-29 COMMANDING OFFICER, BOROUGH INVESTIGATION UNIT/PCT OF OCCURRENCE (continued) REVISION NUMBER: PAGE: 08/01/13 22. 6 of 9 (7) District Attorney/grand jury findings, if applicable (8) Internal Affairs Bureau findings, if applicable. Forward report to Chief of Department, as follows: a. Original - DIRECT to Chief of Department’s Investigation Review Section b. Duplicate - through channels. NOTE The Commanding Officer, Investigation Review Section will note all cases not finalized by the first anniversary of their occurrence due to a District Attorney’s request to refrain from interviewing the uniformed member of the service under P.G. 206-13, “Interrogation of Members of the Service.” A report of these cases will be forwarded to the Deputy Commissioner-Legal Matters. The Deputy Commissioner-Legal Matters will confer with the appropriate District Attorney to expedite judicial proceedings so that the shooting investigation can be finalized without undue delay. The Deputy Commissioner-Legal Matters will report the results of his/her conferral on Typed Letterhead to the Chief of Department. PATROL BOROUGH COMMANDER 23. BOROUGH FIREARMS DISCHARGE ADVISORY BOARD 25. 26. NOTE Each member must sign report. PATROL BOROUGH COMMANDER 27. ADDITIONAL DATA FIREARMS DISCHARGE BY UNIFORMED MEMBERS OF THE SERVICE 24. Call meeting of borough Firearms Discharge Advisory Board on a monthly basis. Equitably distribute shooting investigations among shooting team leaders and ensure their availability, whether on or off duty, at all times. Review incident and sustain/alter findings and recommendations previously made. Prepare report, addressed to the Department Firearms Discharge Review Board, containing findings and recommendations per the schedule in step 15. Endorse findings and recommendations to Chief of Department’s Firearms Discharge Review Board including: a. Summary of findings b. Indication of concurrence with findings and recommendations c. Current duty status and assignment of uniformed member(s) concerned. Investigating officers conducting the preliminary investigation will attempt to ascertain and note in the preliminary report on Typed Letterhead, any action, statement, clothing or equipment utilized by civilian clothed, uniformed members of the service concerned to identify the uniformed member(s) as police officers (see step 13, “Firearms Discharge Manual,” [M.O.S. Description]). Additionally, the investigating officer preparing the final report on Typed Letterhead will include any additional information concerning identification which is obtained during the course of the subsequent investigation, including information obtained through interviewing civilian witnesses and/or the uniformed member(s) concerned, pursuant to the provisions of P.G. 206-13, “Interrogation of Members of the Service.” NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-29 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 7 of 9 If a person is killed as a direct result of police action, the uniformed member of the service involved will not be assigned to identify the body at the morgue. Another uniformed member of the service, who can identify the body, will be assigned. While a firearms discharge at a safety station within a Department facility does not require a report based on the “Firearms Discharge Manual” as per step 15 of this procedure, it does require a brief report by the uniformed member’s commanding officer to the Commanding Officer, Firearms and Tactics Section. In all cases of firearms discharge, the firearm of the uniformed member concerned will be delivered to and examined by the Firearms Analysis Section. If accidental discharge of a firearm is alleged, the investigating officer will direct that after Firearms Analysis Section examination, the firearm be delivered to the Firearms and Tactics Section, Outdoor Range, at Rodman’s Neck for examination by a Department gunsmith. Department gunsmiths are available Monday to Friday, 0730 to 2300 hours. Uniformed member(s) concerned will not use the firearm(s) in question until such examination is completed (see P.G. 204-12, “Repair/Replacement of Authorized Firearms”). If uniformed member’s service revolver/pistol has accidentally discharged and the incident occurs when a Department gunsmith is not available, the uniformed member concerned will be assigned to non-enforcement duty pending repair or replacement of the firearm. The FIREARMS DISCHARGE/ASSAULT REPORT is the primary method used by the Department to gather intelligence information regarding incidents which are lifethreatening for police officers. The effectiveness of tactics training in identifying dangerous new criminal practices and in promoting safe new habits by uniformed members of the service depends upon the accuracy and completeness of these reports. FIREARMS DISCHARGE INVESTIGATIONS-ACCIDENTAL DISCHARGES AND SELF-INFLICTED WOUNDS During the initial investigation of an incident involving a firearm discharge by a member of the service), information sometimes indicates that the firearm was discharged under accidental circumstances (with or without injury or death), or may have apparently been a self-inflicted wound. In all such cases, the ranking officer responsible for conducting the investigation must determine whether the firearms removal procedure (P.G. 206-17, “Removal And Restoration Of Firearms) would be appropriate. All firearms discharge investigation reports under accidental circumstances shall include a finding and recommendation under Miscellaneous Information (Para. 25 standard format) whether or not the member’s firearms should be removed. In all cases of apparently self-inflicted wounds, absent mitigating circumstances, firearm removal is mandatory. Members do not have to be suspended or placed on modified assignment in order to have their firearms removed. When the ranking member conducting the investigation determines that a firearms removal is appropriate, P.G. 206-17, “Removal And Restoration Of Firearms,” shall be followed. The circumstances of each case shall be judged on their own merit. Factors such as on/off duty status, fitness for duty, contributing circumstances (e.g., struggle with suspect), shooting range incidents etc., shall be considered in making a determination about the necessity of firearms removal. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-29 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 8 of 9 When firearms removal would not be appropriate, if an accidental discharge of a firearm is alleged, the investigating officer will direct that after ballistics examination, the firearm be delivered to the Firearms and Tactics Section, Outdoor Range, at Rodman’s Neck for examination by a department gunsmith (gunsmiths are available Monday to Friday, 0730 to 1530 hours). Members concerned will not use firearm in question until such examination is completed (see P.G. 204-12, “Repair/ Replacement of Authorized Firearms”). If member's service firearm has accidentally discharged and the incident occurs when a department gunsmith is not available, such member will be assigned to non-enforcement duty pending repair or replacement of the firearm. In all firearm discharge cases, the ranking investigator shall determine whether a referral should be made to the Early Intervention Unit, Counseling Service, or Trauma Counseling Program. When a member is shot, or causes, accidentally or otherwise, serious injury or death to another, the member will be referred to the Trauma Counseling Program. ADDITIONAL DATA (continued) All uniformed members of the service who discharge a firearm, on or off duty, at other than an approved firing range, will attend a tactics review session conducted by the Firearms and Tactics Section. The dates, times, locations, required equipment, and other provisions governing the review sessions will be the subject of a yearly Department directive. RELATED PROCEDURES Interrogation of Members of the Service (P.G. 206-13) Line of Duty Injury or Death Occurring Within City (P.G. 205-05) Line of Duty Injury or Death Occurring Outside City in Residence Counties (P.G. 205-06) Removal and Restoration of Firearms (P.G. 206-17) Trauma Counseling Program (P.G. 205-08) Repair/Replacement of Authorized Firearms (P.G. 204-12) Boards and Committees (O. G. 101-23) FORMS AND REPORTS FIREARMS DISCHARGE/ASSAULT REPORT (PD424-151) Typed Letterhead NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-29 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 9 of 9 APPENDIX “A” RESPONSIBILITY FOR SHOOTING INVESTIGATION Type of Shooting No Injury Injury Initial Report Duty Captain See Note. No. However, he/she will promptly respond to scene and initiate investigation until the arrival of the Shooting Team Leader. Shooting Team Leader Yes, if on duty at time of the Yes. firearm discharge. C.O. (X.O.) of Housing Bureau See Note. No. However, if on-duty, he/she PSA (Area of Occurrence) will promptly respond to scene and initiate investigation with the assistance of the Duty Captain until the arrival of the Shooting Team Leader. C.O. (X.O.) of Transit District See Note No. However, if on-duty he/she will (Area of Occurrence) promptly respond to scene and initiate investigation with the assistance of the Duty Captain until the arrival of the Shooting Team Leader. NOTE All firearms discharges by uniformed members of the service will be investigated by a Shooting Team Leader if one is on duty at the time of the shooting. If none is on duty and anyone is injured by a firearms discharge, the borough will activate a Shooting Team Leader from off duty status. If none is on duty and no one has been injured, the investigation will be conducted by the duty captain concerned. (This function will be performed by the Commanding Officer or Executive Officer, precinct of occurrence, if he/she is on duty. In addition, non-injury shootings involving on duty uniformed members of the service assigned to the Housing Bureau and Transit Bureau, when occurring on Housing or Transit facilities, will be conducted by the Commanding Officer of the PSA concerned or the Commanding Officer of the transit district concerned if he/she is on duty at the time of the shooting.) Further, if an incident involves firearms discharges by multiple officers assigned to the Housing Bureau or Transit Bureau and other Department bureaus, the investigation will be conducted by the Patrol Services Bureau Duty Captain. Interim and final reports relative to police shootings will be prepared by: The Commanding Officer, Borough Investigations Unit concerned whenever the initial report is prepared by a Shooting Team Leader. The Commanding Officer, precinct of occurrence whenever the initial report is prepared by a non-Shooting Team Leader. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-30 UNIFORMED MEMBER OF THE SERVICE FIRED UPON, SUBJECT OF ASSAULT, HARASSMENT, MENACING OR RECKLESS ENDANGERMENT, WHILE PERFORMING LAWFUL DUTY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To record and evaluate incidents when a uniformed member of the service is fired upon, but no police firearms use occurs, or is the subject of an assault, harassment, menacing, or reckless endangerment, while performing lawful duty, either on or off duty. PROCEDURE When a uniformed member of the service is fired upon, but no use of police firearms occurs, or is the subject of an assault, harassment, menacing or reckless endangerment, either on or off duty: UNIFORMED MEMBER OF THE SERVICE 1. 2. Promptly notify desk officer, precinct of occurrence. Request response of patrol supervisor. DESK OFFICER 3. Notify precinct commander/duty captain, Operations Unit, and patrol borough command, without waiting for full details. COMMANDING OFFICER/ DUTY CAPTAIN Respond to scene and conduct investigation. Direct uniformed member concerned to prepare FIREARMS DISCHARGE/ASSAULT REPORT (PD424-151). a. Direct patrol supervisor to prepare a report of incident, if uniformed member is incapacitated. Prepare report on typed letterhead, addressed to the Chief of Department, Investigation Review Section. a. Attach first copy of FIREARMS DISCHARGE/ASSAULT REPORT. b. Forward copies of report, through channels. 4. 5. 6. ADDITIONAL DATA The FIREARMS DISCHARGE/ASSAULT REPORT is the primary method used by the Department to gather intelligence information regarding incidents which are lifethreatening for police officers. The effectiveness of tactics training in identifying dangerous new criminal practices and in promoting safe new habits by uniformed members of the service depends upon the accuracy and completeness of these reports. RELATED PROCEDURE Firearms Discharge By Uniformed Members Of The Service (P.G. 212-29) FORMS AND REPORTS FIREARMS DISCHARGE/ASSAULT REPORT (PD424-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-31 THREATS AGAINST MEMBERS OF THE SERVICE DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 6 PURPOSE To ensure that threats against uniformed members of the service are documented and investigated properly. PROCEDURE Whenever a uniformed member of the service receives or is notified of a threat to the member concerned or to any other uniformed member of the service: MEMBER OF THE SERVICE RECEIVING THREAT 1. Attempt to gather as much information as possible regarding the identity of: a. Uniformed member of the service being threatened, and b. Person making the threat. IF THREAT IS RECEIVED BY TELEPHONE: MEMBER OF THE SERVICE RECEIVING THREAT 2. 3. 4. 5. NOTE Attempt to keep the caller on the line as long as possible and record: a. Telephone number of the telephone on which the threat has been received b. Exact time the call commenced and terminated. Attempt to obtain from caller as much information as possible, including: a. Name of threatened uniformed member of the service b. All information regarding the member concerned known by the caller c. Motive or reason for threat d. Manner in which the threat is to be carried out e. Identity of caller (including any nickname or street name) f. Location from which the call is being made. Inquire if threatened uniformed member has arrested the caller and/or if caller has been previously arrested. a. Attempt to ascertain date and place of previous arrest or any incident of contact between the caller contact and threatened member, if applicable. Be alert for any identifiable background noises that may pinpoint the location of the call, while engaged in conversation with the caller. If available and time permits, recording devices should be utilized to record a threat received by telephone, or any part thereof. In addition, in all cases of threats received by telephone, available features such as “*57” and “*69” should be utilized immediately after contact is broken. The “*57” feature instructs the telephone company computer to “trap” and make a record of the originating telephone number of the immediately preceding call. The number can then be retrieved by an investigator through contact with the NYNEX Security Office. The “*69” feature automatically dials the originating telephone number of the immediately preceding call. This feature allows re-establishment of the connection in the event of a hang-up, thereby providing another opportunity to gather further information from the caller. These features do not operate on telephones that require an access code to obtain an outside line (i.e., dialing “9”). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-31 REVISION NUMBER: PAGE: 10/16/13 2 of 6 IF THREAT IS RECEIVED IN WRITING MEMBER OF THE SERVICE RECEIVING THREAT 6. 7. NOTE If biological evidence appears to be present, item should be placed into a paper envelope or other suitable paper container. Do not write on the container after the evidence or item has been placed therein. 8. 9. Avoid unnecessary handling of envelope, if any, or document. Place document into plastic security envelope as soon as possible. a. Preserve for fingerprints and/or handwriting analysis, as appropriate. Record: a. Whether document was delivered by U.S. Mail or other delivery service b. Identity, if possible, of postal service or delivery service employee. Ascertain all available pedigree information, if delivered by private individual. a. Interview individual to ascertain origin of writing, including complete description of person from whom the writing was obtained, if applicable. IF THREAT IS RECEIVED BY FAX MEMBER OF THE SERVICE RECEIVING THREAT 10. 11. Record: a. Precise date and time of receipt b. Telephone number of receiving FAX machine. Obtain transmission report from FAX machine, if machine is so equipped. IF THREAT IS MADE IN PERSON MEMBER OF THE SERVICE RECEIVING THREAT 12. Ascertain all available information from the individual making the threat including: a. Identity of uniformed member of the service threatened b. Motivation of the threat c. Full pedigree of threatener. NOTE If individual making the threat is not in custody at time of threat, and there is probable cause to believe the threatener has committed a crime, effect summary arrest and immediately notify supervisor of circumstances. 13. Notify supervisor immediately, whenever a threat is received as outlined in steps 1 through 12, above. SUPERVISORY MEMBER 14. Have threatened uniformed member notified of occurrence if threatened member is not the receiving member. NOTE If threatened member is off duty at time of threat, the threatened member will be directed to contact the precinct detective squad concerned, as soon as possible, and the Intelligence Bureau, Criminal Intelligence Section immediately (available twenty-four hours a day) for debriefing and assessment of threat precautions to be implemented, if necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-31 SUPERVISORY MEMBER (continued) 15. 16. 18. 19. 20. 21. DETECTIVE ASSIGNED, PUBLIC SECURITY SECTION PAGE: 10/16/13 17. ASSIGNED DETECTIVE REVISION NUMBER: 22. 23. 24. 25. 26. 3 of 6 Direct all involved persons to remain at scene or report to stationhouse for debriefing. Direct preparation of COMPLAINT REPORT (PD313-152) and refer REPORT, if necessary (see “NOTE,” following step 37). a. Do not include information regarding the identity and residence of the threatened uniformed member of the service in the COMPLAINT REPORT. b. Mark COMPLAINT REPORT as “OPEN,” in all cases and refer to precinct detective squad for further investigation. Notify the following of occurrence: a. Precinct commanding officer/duty captain, b. Precinct detective squad, and c. Intelligence Bureau, Public Security Section. Prepare report, on Typed Letterhead, addressed to the Chief of Department, detailing: a. Circumstances of threat b. Identity and other pertinent information regarding threatener c. Identity of uniformed member threatened. Forward copies of report, as follows: a. One copy - DIRECT b. One copy - THROUGH CHANNELS c. One copy and copy of COMPLAINT REPORT to Intelligence Bureau, Public Security Section - DIRECT. Interview all persons involved in threat including: a. Receiving member of the service b. Threatened uniformed member of the service, if other than receiving member c. Any person involved in the delivery of the threat, i.e., U.S. Postal Delivery person, or person receiving telephone threat, or person acting as an informant, etc. d. Arrested or suspected threatener. Conduct full background check of all principals involved, i.e., criminal history and warrant status of suspected threatener, arrest activity of threatened member of the service, etc. Respond to command of occurrence in cases where a specific uniformed member or group of members have been named as the target of the threat. Review all reports in connection with incident. Interview threatened uniformed member of the service. Assess threat potential. a. Make preliminary recommendation regarding protective measures to ensure personal safety of threatened member. Notify commanding officer concerned of preliminary recommended precautions. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-31 REVISION NUMBER: PAGE: 10/16/13 4 of 6 Preliminary recommendations made by detectives assigned to the Public Security Section regarding protective measures to be afforded to threatened uniformed members of the service include, but are not limited to: a. Providing a panic alarm, in appropriate cases b. Providing a Department portable radio covering the frequency of the residence precinct of the member concerned c. Establishing a system of directed patrol to the residence or other relevant location. NOTE The precinct commander/duty captain will determine which of the recommendations, if any, are to be implemented, and allocate patrol personnel and resources accordingly. In addition, in appropriate cases, the precinct commanding officer should consider including the residence address of a threatened uniformed member of the service for inclusion on the Hazardous/Sensitive Location List, in accordance with A.G. 316-35, “Hazardous/Sensitive/ Hazardous Material Locations.” DETECTIVE ASSIGNED, PUBLIC SECURITY SECTION (continued) 27. 28. COMMANDING 29. OFFICER, PUBLIC SECURITY SECTION COMMANDING OFFICER, INTELLIGENCE BUREAU 30. 31. Conduct follow-up investigation/assessment of threat. a. Determine if: (1) Threatened uniformed member has been the subject of previous threats (2) Threatener has made previous threats against uniformed members of the service (3) Threatener is a member of an identified criminal gang, group or association (4) Threat emanates from enforcement activity and motivation of threat. Forward follow-up recommendations regarding security measures to Commanding Officer, Public Security Section. Review recommended personal security measures. a. Forward, with additional recommendations Commanding Officer, Intelligence Bureau. if any, to Review recommended personal security measures. a. Forward final recommendations for protective measures to be implemented to commanding officer of member concerned and commanding officer of member’s resident precinct, if appropriate. b. Consult with borough commander/counterpart of threatened member, where appropriate. Direct periodic review and re-assessment of threat and personal protective measures by Public Security Section, as necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-31 BOROUGH COMMANDER/ COUNTERPART REVISION NUMBER: PAGE: 10/16/13 32. 33. 34. 35. 5 of 6 Monitor progress of on-going investigations. Consult with Commanding Officer, Intelligence Bureau, regarding continuing personal protective measures afforded uniformed members residing or assigned within borough. Develop and coordinate, when appropriate, all necessary Departmental resources and/or targeted enforcement strategies to aid the investigation and protect the threatened member. Coordinate use of all appropriate resources, including but not limited to Organized Crime Control Bureau, Fugitive Enforcement Division, Street Crime Unit, borough task force and other patrol and specialized resources to attack the condition, criminal organization or enterprise from which the threat emanates, if applicable. DETECTIVE ASSIGNED, PUBLIC SECURITY SECTION 36. 37. Assist assigned detective in all phases of investigation. Continue investigation until case is closed by arrest or otherwise. NOTE Upon conferral with the detective borough commander, a precinct detective squad commander may, in appropriate circumstances, refer an investigation of a threat to a uniformed member of the service to the Intelligence Bureau, Public Security Section. Upon such referral, the Public Security Section will assume both investigative and assessment responsibility, until final closure of the case. ADDITIONAL DATA The continued safety of the member concerned is the first priority in any case involving a threat to a uniformed member of the service. Therefore, the COMPLAINT REPORT will be filed and primary investigative jurisdiction will be vested in the New York City precinct that bears the closest connection to the target of the threat, regardless of the location from which the threat originates or is received. For example, a telephonically transmitted threat targeting the on duty enforcement activities of a uniformed member of the service will be investigated, and the COMPLAINT REPORT filed, in the targeted uniformed member’s precinct of assignment, regardless of the location of origin or receipt of the threat. In threat cases arising from the targeted uniformed member’s off duty conduct, jurisdiction will be placed in the New York City precinct of residence, if the uniformed member resides within the City. In cases where the threat is not related to the targeted uniformed member’s on duty activities, and the targeted uniformed member does not reside within the City, jurisdiction will be placed in the New York City precinct from which the threat originates (i.e., where the telephone call was made or the letter was mailed or in which received (i.e., where the letter is delivered or where the call is received). If both the location of origination and the location of receipt are within the City, the location of origin will take priority. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-31 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 6 of 6 In cases where the threat neither originates nor is received within the City of New York, and the targeted uniformed member does not reside within the City, the Intelligence Bureau, Public Security Section, will be responsible for monitoring the investigation conducted by the police agency with jurisdiction and for coordinating the Department’s assistance with the investigating agency. ADDITIONAL DATA (continued) The assigned member of the precinct detective squad bears the primary responsibility for the continuing investigation of the threat case until closure or referral. Intelligence Bureau, Public Security Section personnel will act in a support capacity with respect to the investigatory aspects of the case, and are available to offer investigative support and expertise. In all cases, the Intelligence Bureau, Public Security Section, bears primary responsibility to evaluate the severity of the threat to the personal safety of the threatened uniformed member and to make recommendations regarding the protective measures necessary to ensure the safety of the threatened uniformed member to the greatest extent practicable. In all cases, recommendations regarding security measures are to be implemented by the commanding officer of the member concerned, and the commanding officer of the residence precinct of the member concerned, as appropriate, after conferral with the patrol borough commander/counterpart and the Commanding Officer, Intelligence Bureau, or as directed by higher authority. Whenever a person is arrested for threatening, harassing or menacing a uniformed member of the service, an elected official or any other city, state or federal employee a DESK APPEARANCE TICKET will NOT be issued. The arrest will be processed on-line. RELATED PROCEDURES Citywide Intelligence Reporting System (P.G. 212-12) Hazardous/Sensitive/Hazardous Material Locations (A.G. 316-35) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) DESK APPEARANCE TICKET (PD260-121) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-32 OFF DUTY INCIDENTS INVOLVING UNIFORMED MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To facilitate the preliminary investigation of off duty incidents involving uniformed members of the service. PROCEDURE When an off duty uniformed member of the service is at an unusual police occurrence to which the uniformed member of the service is either a participant or a witness: UNIFORMED MEMBER OF THE SERVICE 1. NOTE For purposes of this procedure an unusual police occurrence shall include family disputes and other incidents of domestic violence in which the officer is either a participant or a witness. When remaining at the scene is inappropriate, the uniformed member of the service concerned may leave the scene; however, said member must promptly notify the desk officer, precinct of occurrence, and be guided by the desk officer’s instructions. If incident occurs outside of the City the uniformed member of the service concerned will promptly notify the Operations Unit. The Operations Unit will notify the appropriate patrol borough responsible for conducting investigations in the residence county, or the appropriate authority if outside residence counties. PATROL SUPERVISOR 3. 4. 2. DESK OFFICER 5. 6. Remain at the scene of incident when feasible and consistent with personal safety. Request response of patrol supervisor, precinct of occurrence. Respond to scene and assess situation. Notify desk officer of available details. Notify precinct commander/duty captain. Notify the Internal Affairs Bureau Command Center (212-741-8401) with all available details. COMMANDING OFFICER/ COUNTERPART 7. Conduct investigation and take appropriate action. NOTE Any investigation of a police incident or unusual occurrence, including domestic violence and family disputes, which involve an off duty uniformed member of the service as a participant or witness will benefit from that uniformed member’s presence. ADDITIONAL DATA When the Internal Affairs Bureau, Command Center, is notified that an off duty uniformed member of the service has suffered a non-fatal bullet wound from a firearms discharge and he/she did not discharge a firearm and the injured member is not the subject of any allegation of misconduct, the Internal Affairs Bureau will notify the Personnel Bureau to enter the event entitled, “UMOS Victim of Bullet Wound” with a zero point value on the concerned member’s Central Personnel Index (CPI). RELATED PROCEDURES Interrogation of Members of the Service (P.G. 206-13) Unusual Occurrence Reports (P.G. 212-09) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-33 CONFRONTATION SITUATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To safely resolve confrontations between members of the service, both on and off duty. SCOPE The type and circumstances of encounters between members of the service whether in uniform or civilian clothes, both on and off duty - are so varied that they defy all-encompassing guidelines. In such encounters, the actions of the members in the first few seconds are of vital importance. It must be absolutely clear in the minds of all members of the service that in any confrontation, the burden of proving identity rests on the CONFRONTED OFFICER whether on or off duty. The CHALLENGING OFFICER, however, also has a responsibility to use sound tactics and judgment in approaching the situation. DEFINITIONS CHALLENGING OFFICER – For the purpose of this procedure, the uniformed member of the service who comes upon the scene where an unidentified person states he/she is a police officer or whose actions may indicate he/she is taking police action (i.e., on duty or off duty uniformed member of the service or an enforcement officer from an outside criminal justice agency). CONFRONTED OFFICER – The uniformed member of the service (usually civilian clothed) either on or off duty, who may be armed and taking police action and whose identity and objectives are not immediately apparent to the challenging officer. PROCEDURE When on duty personnel, whether uniformed or civilian clothed, respond to a scene and challenge an unidentified person who may be an on duty or off duty uniformed member of the service or an enforcement officer from an outside criminal justice agency: CHALLENGING OFFICER 1. 2. Immediately take cover to the rear, not to the side, of the person being challenged, if possible. a. Utilize any cover available (e.g., car, garbage can, lamppost, mailbox, etc.). (1) Any object is a form of protection, even though its value might be only of a concealment nature. Identify self in a loud clear voice and state “Police! Don’t move.” a. Avoid using slang terms such as “Freeze” or “Hold It.” b. Avoid using directives which are contradictory and can cause confusion such as, “Don’t move and raise your hands.” c. Do not use stereotypes which are based on a person’s race, color, ethnicity, hairstyle, clothing or physical appearance. (1) Members of the service are reminded that the Department is multicultural and stereotypes based on the above WILL NOT BE USED TO JUSTIFY YOUR ACTIONS. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-33 PAGE: 08/01/13 CHALLENGING (2) OFFICER (continued) CONFRONTED OFFICER REVISION NUMBER: 3. 4. 2 of 4 Members of the service are reminded that racial and ethnic profiling is a violation of the Fourth Amendment to the United States Constitution, Article I Section 12 of the New York State Constituiton, Administrative Code Section 14151, and other applicable laws. Remain motionless even if it means a fleeing suspect may escape. a. Do not turn body, especially if holding a firearm. Obey all directions from the officer making the challenge. CHALLENGING OFFICER 5. Request person to give exact location of identification and to produce I.D. slowly, in a controlled manner, if person states he/she is a police officer. CONFRONTED OFFICER 6. 7. Inform challenging officer of exact location of identification before moving. Produce identification card slowly, in a controlled manner, without unnecessary movement. a. If requested to do so, remove identification card from wallet, holder, etc. and hand it to the challenging officer. CHALLENGING OFFICER 8. Examine credentials to insure: a. Validity, and b. Photo or description (if any) fits individual. Remain alert until you are completely satisfied as to the person’s identity. Return credentials, if satisfied with identification. Make ACTIVITY LOG (PD112-145) entry. Request the response of the patrol supervisor, precinct of occurrence and supervisory officer of the on duty member of the service confronted. 9. 10. 11. 12. 13. Have members involved report to stationhouse of precinct of occurrence. a. Direct all members involved to report to the office of the commanding officer of the Department building/facility where confrontation occurred, if applicable. COMMANDING 14. 15. OFFICER, PRECINCT OF OCCURRENCE/ DEPARTMENT BUILDING/ FACILITY Determine duty status of members involved. Confer with commanding officers of both on and off duty members involved, conduct joint investigation, and file joint report. COMMANDING 16. 17. OFFICER PREPARING REPORT Interview members involved. Interview supervisory officers and witnesses, if appropriate. RESPONDING SUPERVISOR NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-33 REVISION NUMBER: PAGE: 08/01/13 COMMANDING 18. OFFICER PREPARING REPORT (continued) 19. 20. 21. 3 of 4 Telephone facts to O.E.E.O., during business hours, or the next business day, Monday through Friday, 0800 and 1800 hours. (If during nonbusiness hours, leave message on answering machine and an O.E.E.O. representative will contact caller.) a. Obtain O.E.E.O. case number. Confer with personnel officers and/or personnel assigned to Employee Relations Section, if appropriate. Prepare report and include: a. O.E.E.O. case number in subject b. Details of incident c. Results of interviews with all parties involved d. Statement of how problem was resolved e. Analysis and review of confrontation f. Summary of weaknesses and corrective measures taken. Forward copy of report to: a. Office of Equal Employment Opportunity, direct b. Commanding officer of each member involved. COMMANDING 22. OFFICER/ MEMBER INVOLVED Inform member involved of results of investigation and counsel member on weaknesses and corrective measures taken. 23. Inform commanding officer of dissatisfaction with final determination of investigation and request that the commanding officer of the next higher command review the matter, if applicable. COMMANDING 24. OFFICER/ NEXT HIGHER COMMAND 25. Notify the Office of Equal Employment Opportunity immediately, by telephone, regarding review and: a. Give relevant O.E.E.O. case number b. Inform of any change in final decision. Forward report to the Office of Equal Employment Opportunity within five business days detailing changes in final decision. MEMBER OF THE SERVICE INVOLVED ADDITIONAL DATA TACTICAL CONSIDERATIONS Members of the service are reminded to deploy proper tactics and to use sound judgment when involved in confrontation situations. Members will remain on heightened alert until the member is completely satisfied as to the person’s identity through verification of credentials. Members of the service are reminded to immediately take cover to the rear, not to the side, of the person being challenged, if possible. A challenge from the rear allows more time for the challenging officer to evaluate the subject’s reactions and also gives the challenging officer a tactical advantage. A challenge from the side reduces response time. Civilian clothed uniformed members of the service should make it a practice to carry their shields in a pocket opposite their shooting hands. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-33 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 OPERATIONAL CONSIDERATIONS Supervisors of uniformed members of the service who perform enforcement duty in civilian clothes will ensure that their subordinates are made aware of the “color of the day” at the commencement of their tours of duty. In addition, members of the service performing duty in civilian clothes will ensure that the “color of the day” is displayed in a conspicuous manner. DEPARTMENT POLICY The IDENTIFICATION CARD (PD416-091) is the primary form of identification for uniformed members of the Department and must always be carried. However, uniformed members of the service do not have to carry their shields when unarmed. FORMS AND REPORTS ACTIVITY LOG (PD 112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-34 PROBATIONARY POLICE OFFICER, POLICE ELIGIBLE OR CIVILIAN EMPLOYEE INVOLVED IN A POLICE INCIDENT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To ensure that commands concerned are notified when a probationary police officer, civilian employee, or a person eligible for appointment to the Department is involved in a police incident. PROCEDURE When a probationary police officer, a civilian employee or a person eligible for appointment to the Department is involved in a police incident: MEMBER OF THE SERVICE 1. COMMANDING 2. OFFICER 3. 4. 5. NOTE Conduct investigation to determine if involvement in incident would affect member’s performance in the Police Department. Notify the Internal Affairs Bureau Command Center (212-741-8401) with all available details. Have three copies of report prepared on Typed Letterhead, containing all pertinent information. Forward one copy of report to: a. Commanding Officer, Medical Division, when a person is on a police eligible list. b. Commanding Officer, Applicant Processing Division, if incident involves a police eligible. c. Commanding Officer, Performance Analysis Section, for probationary police officers or civilian employees. If a probationary police officer is assigned to the Police Academy: a. Forward duplicated copy of report to Commanding Officer, Police Academy b. Notify Recruit Operations c. Notify Performance Analysis Section next business day. 6. ADDITIONAL DATA Report facts to commanding officer. File remaining copy. Whenever a commanding officer, or investigative unit commander is recommending a probationary police officer or civilian member for termination or decertification, or is recommending a probationary member of the service of any rank or title for an extension of probation, the commander must confer with the Commanding Officer, Performance Analysis Section prior to forwarding the recommendation. Commanding Officers concerned must recognize that the conduct of probationary police officers, both on and off duty, is subject to evaluation. FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-35 INCIDENTS INVOLVING ENFORCEMENT PERSONNEL OF OTHER AGENCIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PROCEDURE To investigate allegations of unnecessary use of force by uniformed members of the service against on-duty enforcement personnel of specified agencies or to investigate incidents which may result in the arrest of or the issuing of a summons to such enforcement personnel. DEFINITION ENFORCEMENT PERSONNEL OF SPECIFIED AGENCIES: a. Department of Transportation Highway Inspection/Quality Assurance inspectors or Department of Transportation Parking Control Unit agents b. Sanitation Department Enforcement agents. PROCEDURE When a uniformed member of the service is alleged to have used unnecessary force against an on-duty enforcement agent of a specified agency or becomes involved in an incident that may result in such enforcement agent being arrested or issued a summons: UNIFORMED MEMBER OF THE SERVICE 1. Immediately request the patrol supervisor to respond to the scene prior to taking any other action. PATROL SUPERVISOR 2. 3. Respond to the scene and attempt to obtain third party witnesses to the incident. Bring all parties involved, including witnesses if possible, to precinct of occurrence. Inform desk officer of all facts. 4. DESK OFFICER 5. 6. NOTE Notify Civilian Complaint Review Board, Intake Unit at 1-800-341-2272 (twenty-four hours), if allegation of unnecessary force is made (see P.G. 207-31, “Processing Civilian Complaints”). Notify precinct commander/duty captain and: a. The Department of Transportation Central Communications, if incident involves Department of Transportation Highway Inspection/Quality Assurance inspector or Department of Transportation Parking Control Unit agent. b. The Sanitation Enforcement Headquarters Division: (0600 x 1600 hours/7 days) (if closed, notify Sanitation Bureau Operations Office: if incident involves Sanitation Department enforcement personnel. Detective squad member will make the above notifications if, while conducting an official investigation involving enforcement personnel of the specified agencies, a complaint of unnecessary force is alleged or it appears an arrest must be made or a summons issued to the enforcement agent. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-35 REVISION NUMBER: PAGE: 08/01/13 2 of 2 PRECINCT COMMANDER/ DUTY CAPTAIN 7. 8. ADDITIONAL DATA If an agent of one of the above listed agencies wants to make an arrest claiming that he or she was assaulted or the subject of any other crime while performing their official duties, the officer will determine if probable cause exists to support the claim. Upon determination that probable cause exists, the officer will assist in the arrest and take the prisoner into custody. The enforcement agent involved will be the complainant. 9. Conduct investigation. Confer with supervisory/managerial personnel of enforcement personnel involved. Prepare three copies of report on Typed Letterhead with details of incident and results of investigation and forward to: a. Chief of Department - Direct b. Chief of Department - through channels c. File - precinct of occurrence. No arrest may be made, nor may a summons be issued, for a violation unless the offense is personally observed by the member of the service. DESK APPEARANCE TICKETS (PD260-121) and stationhouse bail will not be issued to persons charged with Assault 3rd degree (Penal Law 120.00), Attempted Assault 3rd degree (Penal Law 110/120.00), Menacing 2nd degree (Penal Law 120.14), Menacing 3rd degree (Penal Law 120.15), Harassment 1st degree (Penal Law 240.25), Aggravated Harassment (Penal Law 240.30), and Reckless Endangerment 2nd Degree (Penal Law 120.20) when committed against a city/state enforcement agent performing official duty. RELATED PROCEDURE Processing Civilian Complaints (P.G. 207-31) FORMS AND REPORTS DESK APPEARANCE TICKET (PD260-121) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-37 HAZARDOUS MATERIALS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 7 PURPOSE To protect persons from the effects of hazardous materials. DEFINITIONS HAZARDOUS MATERIAL - Any chemical, biological or radiological substance which uniformed members of the service believe to be dangerous to health. ON-SCENE COORDINATOR - Highest ranking uniformed supervisor at scene; responsible for coordinating actions of police and other city agency personnel. INTER-CITY AGENCY COMMAND CENTER - A location, separate and distinct from the police temporary headquarters, where city agency activities and resources are coordinated by the ON-SCENE COORDINATOR. PROCEDURE Upon arrival at the scene of an incident involving suspected hazardous material or if legality of a hazardous material shipment is questionable. NOTE Extreme caution should be used by all members of the service, especially first response personnel, at any suspected hazardous material situation. Consider all suspected hazardous materials dangerous and not to be handled or removed except by properly trained and equipped personnel. UNIFORMED MEMBER OF THE SERVICE 1. 2. NOTE Notify desk officer and Communications Section of facts and request response of: a. Patrol supervisor b. Emergency Service Unit supervisor and personnel c. Highway District Motor Carrier Safety Unit. Establish minimum “frozen areas” as follows: a. Outdoors - At least 300 feet in radius from hazardous material source or spillage. b. Indoors - Evacuate room in which material is located c. Explosion or fire: (1) Outdoors - at least 1000 feet in radius from explosive and at least 300 feet in radius from fire (2) Indoors - extend frozen area to include all areas or rooms where a person might be exposed to the material; include floors above and below the material (3) Tanker Truck or Military Shipment - extend frozen area to a least 1000 feet in radius. Distances listed are minimal and may be expanded, if conditions warrant, e.g., presence of irritants, heat emissions, vapors, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-37 REVISION NUMBER: PAGE: 08/01/13 2 of 7 UNIFORMED MEMBER OF THE SERVICE (continued) 3. Exclude vehicular and pedestrian traffic from frozen area. a. Restrict entry to only those persons properly trained and equipped to handle hazardous materials, except when absolutely necessary to save life or prevent serious injury. PATROL SUPERVISOR 4. Evaluate situation upon arrival at scene. a. Confer with Emergency Service Unit supervisor/member or Highway District Motor Carrier Safety Unit member on scene b. Notify N.Y.C. Department of Health if scene is contaminated with radiation NOTE If legality of a hazardous material shipment is questionable, the Motor Carrier Safety Unit member will clarify. c. 5. 6. 7. NOTE Comply with pertinent provisions of P.G. 213-02, “Emergency Incidents.” Establish a command post and follow pertinent provisions of P.G. 213-01, “Command Post Operations.” Advise Operations Unit, by telephone, of ALL available information concerning: a. Exact location of incident, including: (1) Time of occurrence (2) Source of spill or accident (3) Whether there is danger to the public b. Materials involved, including information on labels, markings, numbers on vehicles and/or containers c. Other agency personnel responding/required d. Actions initiated/indicated. Request Communications Section to notify Operations Unit and to dispatch Bomb Squad. Evacuate persons at least 1,000 feet from suspected device. 8. Maintain frozen area security until hazardous materials are removed or neutralized and declared safe. a. Notify Highway Unit supervisor to be available for escort duties, as necessary b. If vehicle involved, detain for highway safety check by Highway District. NOTE The Department of Environmental Protection, upon notification from the Operations Unit, will respond and assist in the analysis and handling of suspected hazardous materials. EMERGENCY SERVICE UNIT SUPERVISOR/ MEMBER 9. 10. Determine extent of hazard and advise patrol supervisor. a. Confer with Bomb Squad supervisor on scene b. Survey area to determine if any radiation levels are detectable, as appropriate. Seek advice from Fire Department, Department of Environmental Protection, Health Department, and/or Highway District Motor Carrier Safety Unit member, if necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-37 REVISION NUMBER: PAGE: 08/01/13 3 of 7 NOTE If the material presents no significant hazard (depending upon the nature of the material) and pending the arrival of Department of Environmental Protection personnel, the patrol supervisor will have the material safeguarded. If the material can be handled easily, Emergency Service personnel will remove the material to a secure area. EMERGENCY SERVICE UNIT SUPERVISOR/ MEMBER (continued) 11. Advise patrol supervisor to have Department of Sanitation notified to clean up, and dispose of substances, other than liquids, which have been rendered safe. WHEN INCIDENT INVOLVES A SIGNIFICANT FIRE, EXPLOSION, CHEMICAL BURN, TOXIC AIR RELEASE OR RADIATION HAZARD TO EMERGENCY PERSONNEL OR THE GENERAL PUBLIC: ON-SCENE COORDINATOR 12. 13. 14. 15. 16. NOTE Assume control at scene of incident. Establish Inter-Agency Command Center as close to incident as safety permits. Ensure that adequate communications capability is available. Assign a uniformed member of the service to maintain an Inter-Agency Command Center Log. Notify Operations Unit, immediately and relate all available information concerning incident including: a. Nature of material involved, its manufacturer, shipper, consignee All chemical names must be carefully spelled out. b. c. 17. 18. 19. Identification, warnings, symbols, signs and other information as outlined in step 6, subdivision b Pertinent information obtained from operator of vehicle transporting material and/or from other documents. Request a communications link be established between Operations Unit and the Inter-Agency Command Center and that additional personnel be dispatched to scene, if necessary. Establish police lines. a. Restrict access to emergency response vehicles and emergency personnel b. Designate area for parking of emergency vehicles and equipment (1) Choose area on high ground and/or upwind of hazardous material, if possible, to avoid contamination. Establish a safety perimeter (frozen area) within police lines, after consultation with appropriate agencies if not already established. a. Maintain frozen area until hazard is contained, neutralized and/or decontaminated b. Do not permit police vehicles/equipment parked or used within frozen area to be removed until examined and decontaminated, if necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-37 REVISION NUMBER: PAGE: 08/01/13 4 of 7 ON-SCENE COORDINATOR (continued) 20. NOTE Where off-loading of hazardous materials becomes necessary, coordinate selection of emergency response route for responding off-load vehicle with Department of Environmental Protection, Traffic Management Center and Operations Unit personnel. 21. 22. 23. 24. 25. Establish detours: a. Consider potential for explosion of volatile gases/vapors which might be caused by vehicle generated sparks b. Maintain access for emergency vehicles c. Notify Traffic Management Center and request necessary personnel to respond and implement traffic control measures d. Consider implementation of Traffic Plan “C,” as outlined in P.G. 213-13, “Emergency Plans ‘A’, ‘B’, ‘C’. Request Emergency Medical Service to provide medical treatment for persons affected. Detain those persons not requiring emergency medical treatment who have been exposed to the hazardous material, if possible. a. Obtain names and addresses for entry in Command Post Log in the event that medical follow-up becomes necessary. Coordinate actions of Fire Department, Department of Environmental Protection and Department of Sanitation to prevent hazardous materials from entering sewer system. a. Request Operations Unit to notify Department of Environmental Protection, if substance enters sewer system, so that pollution control plant serving area may be alerted. Evacuate the area, if appropriate, to a distance sufficient to protect public from dangers posed by the material. a. Exclude all but properly equipped, essential personnel from the vicinity. Request response of Mobile Decontamination Vehicle through Operations Unit, if necessary. NOTE If ON - SCENE COORDINATOR is not available, Fire Department, deputy chief or above, Department of Environmental Protection - Director, Hazardous Material Unit, assistant commissioner or above, or Emergency Medical Service - Director or above, may request the activation of Mobile Decontamination Vehicle through the Operations Unit. OPERATIONS UNIT MEMBER 26. Notify the following agencies: a. Fire Department (1) Request response, in all cases, whether or not there is or has been a fire at the location (2) Advise Fire Department dispatcher of nature of incident and telephone number of Inter-Agency Command Center b. Department of Health, Poison Control Center (1) Request response to scene to assist in a determination of actions to be taken (2) Provide all available information NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-37 PAGE: 08/01/13 c. OPERATIONS UNIT MEMBER (continued) d. e. OFFICE OF EMERGENCY MANAGEMENT REVISION NUMBER: 27. 28. 29. 5 of 7 Department of Environmental Protection (1) Relay all available information (2) Request “Response Team” be dispatched to scene (3) Provide Inter-Agency Command Center telephone number Department of Sanitation (1) Advise re: nature and exact location of incident (2) Request that preparations be made to deliver sand or other containment materials, if needed (3) Provide Inter-Agency Command Center telephone number Relay all available information to the following: (1) Emergency Medical Service (2) U.S. Coast Guard (3) American Red Cross (4) New York State Department of Environmental Conservation. Coordinate city agency actions to ensure that: a. Substance involved is contained and controlled b. Hazard to the public is minimized c. Evacuation, if necessary, is properly handled. Evaluate extent of hazard through consultation with Department of Environmental Protection Response Team and Department of Health, Poison Control Center. Proceed to Inter-Agency Command Center. a. Establish Emergency Coordinating Section, composed of management personnel from each principal agency involved. UNIFORMED MEMBER ASSIGNED TO FIELD COMMAND POST/INTERAGENCY COMMAND CENTER 30. EMERGENCY SERVICE UNIT MEMBER 32. Report name and shield number of members of the service (uniformed and civilian) at the scene where radiation levels are detected to the member maintaining the field Command Post Log for entry therein. C.O., PRECINCT OF OCCURRENCE 33. Have transcript of all Command Post Log entries prepared on Typed Letterhead and forwarded to Commanding Officer, Police Laboratory. 31. Record, in Command Post Log/Inter-Agency Command Center Log, all significant information and events, including arrival and departure of uniformed members of the service responding and the arrival and departure of members and equipment from other agencies. Enter names and addresses of persons not requiring immediate emergency medical treatment who may have been exposed to the hazardous material in Log, in the event medical follow-up is necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-37 REVISION NUMBER: PAGE: 08/01/13 6 of 7 C.O., POLICE LABORATORY 34. Forward report to Commanding Officer, Medical Division, indicating: a. Specific names and amounts of hazardous materials involved b. Radiation intensity at scene, if any c. List of police personnel who were present and length of time exposed to hazardous material (1) Enter radiation intensity to which each member was exposed. C.O. MEDICAL DIVISION 35. Have entries made in member’s medical folder of the specific names and amounts of hazardous materials to which member was exposed. ADDITIONAL DATA The following city agencies will respond to the scene of hazardous materials incidents, perform the functions indicated, and coordinate activities with the On-Scene Coordinator: a. Fire Department (1) Contain and control hazardous material. b. Sanitation Department (1) Clean up and dispose of materials rendered safe, excluding liquids. (2) Provide sand and other containment material. c. Department of Environmental Protection (1) Provide technical guidance. (2) Contact private firms capable of assisting in containment, control, cleanup, and disposal of hazardous materials. (3) Assist the Fire Department with containment and abatement. d. Department of Health (1) Provide technical information on hazardous materials. (2) Assess effect and hazards to the public health. (3) Ensure radioactive and/or disease-causing material are contained, neutralized, controlled and cleaned up. e. Emergency Medical Service (1) Provide on-site medical service for treatment of affected persons. f. Mayor’s Press Office (1) Provide public with information relative to the incident. The On-Scene Coordinator (OSC) upon conferral and in conjunction with the ranking fire official at the scene of a hazardous material incident shall: a. Utilize, when necessary, the expertise of the appropriate Department unit/City agency representative(s) at the scene, for technical guidance and assistance in execution of prescribed responsibilities (e.g., Emergency Service Unit, Bomb Squad, Fire Department Hazmat, Department of Environmental Protection, Department of Health). b. Identify, to the extent possible, all hazardous substances or conditions present, and address as appropriate, site analysis, use of engineering controls, maximum exposure limits, hazardous substance handling procedures, and use of any new technologies. c. Based on the hazardous substances and/or conditions present, implement appropriate emergency operations, and assure that the personal protective equipment worn is appropriate for the hazards to be encountered. This shall include positive pressure self-contained breathing apparatus which shall be worn by personnel engaged in emergency response when exposed to hazardous substances presenting an inhalation hazard or potential inhalation hazard, until NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-37 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 d. e. 7 of 7 it is determined through the use of air monitoring that a decreased level of respiratory protection will not result in hazardous exposures to these personnel. Limit the number of emergency response personnel within the safety perimeter, to those who are actively performing emergency operations. Operations in hazardous areas shall be performed using the “buddy system” in groups of two or more (each member of the group must be designated to observe the activities of at least one other member of the group). Designate a safety official, who is knowledgeable in the operations being implemented at the scene, with specific responsibility to identify and evaluate hazards and to provide direction with respect to the safety of operations for the emergency at hand. Inform the safety official as to his/her authority to alter, suspend, or terminate those activities judged by him/her to result in a condition immediately dangerous to life or health, and/or involve an imminent danger condition. The safety official must immediately inform the On-Scene Coordinator of any actions needed to be taken to correct these hazards at an emergency scene. Identity of the safety official shall be entered in the Command Post Log. The safety official should be selected, by the On-Scene Coordinator, from the responding agency most familiar with the particular hazard encountered, i.e., Emergency Service Unit, Bomb Squad, Fire Department Hazmat, Department of Environmental Protection, Department of Health, etc. Also, more than one safety official can be designated by the On-Scene Coordinator. At the conclusion of a hazardous material incident the On-Scene Coordinator will critique the incident with agency representatives and advise the Office of Emergency Management of the results of the critique. RELATED PROCEDURES Command Post Operations (P.G. 213-01) Unusual Occurrence Reports (P.G. 212-09) Emergency Incidents (P.G. 213-02) Suspected Explosive Devices and Post Explosion Bomb Scene (P.G. 212-40) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-38 HOSTAGE/BARRICADED PERSON(S) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To handle hostage/barricaded persons’ situations with maximum safety to all persons concerned. DEFINITIONS HOSTAGE SITUATION - A hostage situation begins the moment a suspect takes a person under his or her control and subjects that person to the risk of bodily harm for the purpose of furthering a criminal act or to facilitate escape. There are two broad categories of hostage situations: a. The classic hostage situation, in which the hostage-taker is contained within a room, building, store, or other physically segregated area; b. The mobile hostage situation, in which the hostage-taker is on the street or another location where he or she is not restricted by clear physical boundaries. OUTER PERIMETER - Area sufficiently removed from actual scene of incident to ensure the safety of all spectators, including members of the news media. The establishment of outer perimeters dictates the evacuation of all civilians and unnecessary police personnel from this area. INNER PERIMETER - Frozen area, encompassing the incident location. No one will be permitted in this area without a protective vest appropriate to the level of threat present. No one will be allowed to enter the Inner Perimeter except: a. Patrol borough commander or duty chief; b. Commanding Officer, Special Operations Division, and personnel under his/her command; c. Commanding Officer, Emergency Service Unit, and personnel under his/ her command; d. Hostage Negotiating Coordinator and personnel under his/her command; e. Technical Assistance Response Unit (TARU) supervisor and personnel under his/her command; f. Bomb Squad supervisor and one technician, when bomb is present or suspected; g. Ranking patrol duty supervisor from affected operational bureau (Patrol Services, Housing or Transit) depending on location of incident; h. Any other person(s) with the permission of the patrol borough commander or duty chief. MASS REFLEXIVE RESPONSE - Sometimes referred to as “contagious shooting,” mass reflexive response is the phenomenon which occurs when a shot fired by one officer sets off a chain reaction of shooting by other personnel on the scene. It involves reacting based on one’s instinct rather than on a rational assessment of the situation. FIREARMS CONTROL - Firearms control requires that no member of the service on the scene will discharge a firearm unless and until directed to do so by the supervisory officer in charge, unless discharging a firearm is absolutely necessary for self-defense or the defense of another and there is no other alternative. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-38 REVISION NUMBER: PAGE: 08/01/13 2 of 5 PROCEDURE When responding to the scene of an incident in which persons are being held hostage or barricaded persons will not voluntarily surrender, or when persons are taken hostage during the course of an ongoing police incident, pursuit, etc. UNIFORMED MEMBER OF THE SERVICE 1. 2. NOTE Request through communications dispatcher that the patrol supervisor, Emergency Services Unit (ESU), Hostage Negotiation Team (H.N.T.) and the Technical Assistance Response Unit (T.A.R.U.) respond to the incident. Seek cover and attempt to isolate and contain the subject and the hostage. When there is time to negotiate, all the time necessary to ensure the safety of all individuals concerned will be used. Once a hostage or hostages are taken, all members of the service at the scene will attempt to contain the subject(s) and hostage(s) and implement hostage negotiation procedures. Note that the safety and well-being of the hostage as well as all persons present is our paramount concern. Any action which endangers the hostage will be avoided, if possible. 3. NOTE Be cognizant of the danger of “Mass Reflexive Response.” a. The first officers on the scene will immediately establish and maintain firearms control. Uniformed members of the service should be aware that, although the New York State Penal Law and Department procedures may authorize the use of deadly physical force in a given situation, they will not be subject to criticism or disciplinary action for choosing not to discharge their firearms. 4. 5. 6. Attempt to slow the pace of the incident and establish a dialogue with the subject while awaiting the arrival of specialized personnel. a. Any action which might agitate or provoke the subject should be avoided. Refrain from any action which would unnecessarily jeopardize the safety of the hostage. Establish police lines to control subject’s mobility and to prevent uninvolved persons from entering the area. NOTE Street situations, or mobile hostage situations, present added hazards. The ability to control the subject’s movement, and the prevention of uninvolved persons unwittingly entering the inner perimeter, are limited by the setting in which the incident occurs. The proper deployment of personnel will aim to control access to the inner perimeter as well as to control the subject’s mobility. Natural boundaries, such as fences, building lines, parked cars, and walls, should be used to contain the subject. Department vehicles, strategically placed, can be used to contain the incident or to block escape routes. PATROL SUPERVISOR 7. 8. Assume command of the situation. Ensure that all members of the service present are directed to maintain firearms control. a. As soon as circumstances permit, designate one or more uniformed members of the service who will act as the designated shooter(s) if the use of deadly physical force becomes unavoidable. b. Designate a uniformed member of the service to maintain radio contact with the Communications Section dispatcher, so that the dispatcher and responding personnel are kept apprised of the situation as it develops. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-38 REVISION NUMBER: PAGE: 08/01/13 3 of 5 NOTE The ranking officer in charge will personally assume responsibility for firearms control. To maintain firearms control, he or she must be able to immediately assess conditions as they develop, and to give appropriate direction instantaneously. Therefore, the ranking officer in charge will assume a position within the inner perimeter, at the focal point of the situation. PATROL SUPERVISOR 9. 10. NOTE Only the ranking patrol duty incident commander (i.e., patrol borough commander/duty inspector/duty captain) has the authorization to cancel the services of the H.N.T. and T.A.R.U. via the communications dispatcher. The communications dispatcher is NOT authorized to cancel the services of H.N.T. and/or T.A.R.U. without the aforementioned consent of the ranking patrol duty incident commander on the scene. 11. 12. 13. 14. 15. NOTE Assess situation and ensure sufficient patrol response pending arrival of Emergency Service Unit. Verify through the communications dispatcher that ESU, H.N.T. and T.A.R.U. are enroute to the incident scene and if not, request their immediate response. Request response of precinct commander/duty captain. Implement hostage negotiation procedures, beginning with the establishment of inner and outer perimeters. a. The inner perimeter should contain only those personnel necessary to accomplish the mission; all others will be directed to the outer perimeter. b. Uninvolved civilians should be evacuated, if safety permits. They should be properly identified and detained for questioning to obtain pertinent information about the incident. c. Once the inner perimeter is established, only authorized personnel will be permitted to enter it. d. An outer perimeter will be established to serve as a staging area for additional police personnel and for other agencies (i.e., Fire Department, Emergency Medical Service, etc.) e. The Communications Section should advise all units responding to the incident to avoid the inner perimeter, and not to use lights and sirens as they approach the scene. Confer with the Emergency Service Unit upon their arrival to evaluate location and coverage of inner and outer perimeters, as well as necessity for evacuation of area. a. Request response of Emergency Service Unit supervisor, if not present. Establish field command post outside of inner perimeter and the potential line of fire. Have desk officer, precinct of occurrence, and Operations Unit apprised of situation and provide telephone numbers of field command post. The ranking patrol supervisor on the scene is in command and will coordinate police operations. If a barricaded person is contained and poses no immediate threat or danger to any person, no additional action will be taken without the authorization of the precinct commander/duty captain at the scene. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-38 PRECINCT/ PSA/DISTRICT COMMANDER/ DUTY CAPTAIN REVISION NUMBER: PAGE: 08/01/13 16. 17. 18. 19. 20. 21. 4 of 5 Assume command of the incident. Ascertain that firearms control has been established. Confer with patrol supervisor and Emergency Service Unit Supervisor to determine if sufficient personnel are present to maintain inner and outer perimeters. Ensure that field command post is established outside inner perimeter and potential line of fire. Assign sufficient personnel to maintain outer perimeter. Have duty inspector and patrol borough commander or duty chief notified to respond in verified hostage or barricade situation. EMERGENCY SERVICE UNIT SUPERVISOR 22. 23. Ensure that a clearly delineated inner perimeter has been established. Ensure that only properly equipped and designated personnel enter the inner perimeter. PATROL BOROUGH COMMANDER/ DUTY INSPECTOR/ DUTY CAPTAIN 24. 25. Assume overall command and ascertain that the outer perimeter and inner perimeter have been established. Ensure through the communications dispatcher that H.N.T. (with coordinator) and T.A.R.U. are enroute to or are already present at the incident scene and if not, then request their immediate response. Ensure that detective borough commander is notified. Attempt to establish contact with the person holding hostages or the barricaded person, pending arrival of hostage negotiator(s). a. Determine who may speak to hostage taker or barricaded person. HOSTAGE NEGOTIATION COORDINATOR 28. 29. ADDITIONAL DATA Although the primary goals in a developing hostage situation are to isolate and contain the subject, the safety of the hostage, and of all persons present, is the overriding concern. The Communications Section must be kept apprised of the situation as it develops so that information can be relayed to personnel at the scene as well as others who may be responding. It is impossible to create a set of guidelines which will cover all potential hostage situations. These basic guidelines must be tailored to the situation at hand. However, in any hostage situation, there are three constants: 26. 27. a. b. c. Report to ranking patrol duty incident commander present. Commence hostage/barricaded persons procedures. When there is time to negotiate, all the time necessary to ensure the safety of all concerned will be used Deadly physical force will be used only as a last resort to protect the life of persons present The overriding goal is the safe release of the hostage. Uniformed members of the service are reminded that, although the New York State Penal Law and Department procedures may authorize the use of deadly physical force in a given situation, they will not be subject to criticism or disciplinary action for choosing not to discharge their weapons. Hostage-takers often maintain close physical proximity to their hostage(s). For that reason, uniformed members of the service must be especially aware of the risk involved in attempting to shoot a small, moving target, and the possibility of further jeopardizing the safety of the hostage. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-38 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 ADDITIONAL DATA (continued) In addition to the above, uniformed members of the service in the ranks of captain and above will be cognizant of the provisions of the Department tactical manual entitled, “Hostage Negotiations - Organizational and Tactical Guide.” RELATED PROCEDURES Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Metal Health Removal Orders (P.G. 216-06) Citywide Incident Management System (P.G. 220 Series) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Unusual Occurrence Reports (P.G. 212-09) Evictions, Repossessions, and Other Civil Process (P.G. 214-13) Unlawful Evictions (P.G. 214-12) Bomb Threats/Unattended Articles - Suspected/Reported Explosive Devices and Post Explosion Bomb Scenes (P.G. 212-40) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-39 VEHICLE PURSUITS DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 4 PURPOSE To determine the necessity of commencing a vehicle pursuit and the method to be employed in conducting such a pursuit. DEFINITIONS PRIMARY VEHICLE - vehicle initiating pursuit. SECONDARY VEHICLE - first additional unit assisting in pursuit. PROCEDURE Upon observing a vehicle which is to be stopped or there is a likelihood that vehicle pursuit may be imminent: UNIFORMED MEMBER OF THE SERVICE, PRIMARY VEHICLE 1. 2. NOTE Department policy requires that a vehicle pursuit be terminated whenever the risks to uniformed members of the service and the public outweigh the danger to the community if suspect is not immediately apprehended. If chase is terminated, members will attempt to obtain sufficient information to effect apprehension. 3. 4. 5. 6. 7. Initiate vehicle stop when feasible. Determine the necessity for commencing and continuing a vehicle pursuit by considering the following: a. Nature of offense b. Time of day c. Weather condition d. Location and population density e. Capability of Department vehicle f. Familiarity with area. Notify radio dispatcher at start of pursuit and provide the following information: a. Your location b. Type of vehicle, color and direction of travel c. Nature of offense d. Registration number and state of registration e. Occupants f. Any other pertinent information. Maintain contact with radio dispatcher but do not depress transmitter key unnecessarily. a. Keep radio transmissions brief and speak in normal tones. Utilize vehicle’s emergency signaling devices intelligently. a. Do not use the “constant” position on siren, since it tends to distort transmissions and blot out the sound of approaching vehicles. Inform radio dispatcher if vehicle changes direction. a. Give last location of vehicle, speed, and direction of travel. Notify radio dispatcher if pursued vehicle is lost or pursuit is terminated. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-39 REVISION NUMBER: PAGE: 08/19/13 2 of 4 PATROL SUPERVISOR, PRECINCT OF OCCURRENCE 8. NOTE Units other than the primary vehicle, secondary vehicle and supervisor’s unit shall stay off the air except in extreme emergencies and stay clear of the pursuit but remain alert to its progress. They will not join in or interfere with the pursuit vehicles. 9. 10. 11. DIRECT AND CONTROL THE PURSUIT AND THE APPREHENSION EFFORT. a. Monitor radio transmissions b. Keep radio dispatcher informed of location c. Limit involvement and control radio use of other units. Request other units to respond to strategic locations to apprehend the vehicle. a. Primary and secondary units will be the only units to operate in close pursuit of the pursued vehicle. b. Additional units may be requested by the officers in the primary unit or by a supervisor, if it appears that the officers in the vehicle involved would not be able to safely effect the apprehension of the suspects. Vehicles shall not caravan behind pursuing vehicles. Terminate the pursuit, if necessary. Coordinate a search of the vicinity where pursued vehicle last observed. RADIO DISPATCHER, COMMUNICATIONS SECTION 12. NOTE Whenever a vehicle pursuit results from another assignment, SPRINT code 10-88 will be utilized. Pick - up vehicle pursuits will be entered as 10-60I. PLATOON COMMANDER/ UNIFORMED SUPERVISOR, COMMUNICATIONS SECTION 14. Monitor pursuit. a. Control and direct the apprehension effort, in the absence of active patrol supervisor. Terminate pursuit if warranted. UNIFORMED MEMBER OF THE SERVICE, SECONDARY VEHICLE 15. Acknowledge assignment as secondary vehicle. a. Allow at least five car lengths distance from primary pursuit vehicle. b. Do not pass primary vehicle unless requested by that unit, or if other circumstances exist such as a collision, mechanical malfunction, etc. PATROL SUPERVISOR, PRECINCT ORIGINATING PURSUIT 16. Immediately after pursuit, prepare VEHICLE PURSUIT REPORT (PD371-153). Forward report to commanding officer, precinct originating pursuit. 13. 17. Notify Communications Section platoon commander/uniformed supervisor of pursuit. Direct other units to assist and support the pursuing vehicles, as directed by the patrol supervisor. a. If the registration plate number is known, inform members concerned whether the vehicle is wanted on an alarm or not. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-39 REVISION NUMBER: PAGE: 08/19/13 3 of 4 If pursuit is initiated by other than Patrol Services Bureau personnel, the immediate supervisor of those officers will perform the duties of the patrol supervisor. NOTE COMMANDING 18. OFFICER, PRECINCT ORIGINATING PURSUIT Review and endorse patrol supervisor’s report (include statement regarding disciplinary action) and have copies forwarded, as follows: a. Commanding Officer, Personnel Safety Desk (original and copy through channels) b. Borough Safety Officer c. Commanding officers of members involved in pursuit (attach SUPERVISOR’S COMPLAINT REPORT (PD468-123), if prepared). COMMANDING 19. OFFICER OF 20. MEMBER INVOLVED IN PURSUIT Determine and take appropriate disciplinary action (command discipline, charges and specifications, etc.) and notify Borough Safety Officer. Have a copy of all reports prepared placed in personal folder of members involved. PERSONNEL SAFETY DESK 21. Have a number assigned to report, upon receipt. a. Numbers will start with 0001 for the first incident reported each year. NOTE The Personnel Safety Desk will maintain a chronological file of all reported vehicle pursuits. 22. Have a copy of report forwarded to: a. Commanding Officer, Driver Education and Training Unit b. Commanding Officer, Personnel Records Section. C.O., PERSONNEL RECORDS SECTION 23. Have report placed in the personal folder of officers involved. DIRECTOR, M.I.S.D. 24. Prepare and forward a monthly report of all vehicle pursuits to the appropriate Borough Safety Officer. BOROUGH SAFETY OFFICER 25. Insure that a vehicle pursuit report has been prepared for all pursuits identified by Communications Section. Review and report data regarding vehicle pursuits to patrol borough commanding officer. ADDITIONAL DATA The following tactics are prohibited and will not be used in an attempt to stop a vehicle: a. Ramming b. Placing moving Department vehicle in a position to be struck by the pursued vehicle c. Driving alongside the pursued vehicle d. Roadblocks (unless specifically directed by supervisory personnel). 26. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-39 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 4 of 4 Unmarked Department vehicles will limit pursuits. ADDITIONAL DATA (continued) Department vans and scooters (2 and 3 wheel) will not be used in pursuits. Two wheel motorcycles will limit pursuits and terminate pursuit when a four wheel Department vehicle has joined pursuit. RELATED PROCEDURES Vehicle Collisions - General Procedure (P.G. 217-01) Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury (P.G. 217-02) FORMS AND REPORTS SUPERVISOR’S COMPLAINT REPORT (PD468-123) VEHICLE PURSUIT REPORT (PD371-153) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-40 BOMB THREATS/UNATTENDED ARTICLES SUSPECTED/REPORTED EXPLOSIVE DEVICES AND POST EXPLOSION BOMB SCENES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To provide maximum protection to persons and property and to safeguard evidence at incidents involving a reported, suspected or confirmed unattended package or explosive device, including incendiary devices or a post explosion bomb scene. DEFINITIONS For the purpose of this procedure the following definitions will apply: BOMB THREAT - Any communication, including written correspondences or telephone calls received by the public or a member of the service, indicating that an explosive device has been, or will be, placed at a particular location(s). UNATTENDED ARTICLE - Any article (including packages, parcels, containers, luggage or other baggage,) whose contents are undetermined or not immediately discernible from the outward appearance of the item and the location and circumstances of discovery raises any concern regarding public safety. EXPLOSIVE DEVICE - Any article, detonated by mechanical or electrical means, which may possibly contain a chemical, gas, liquid or other substance capable of causing a fire, explosion, burn, or other chemical reaction intended to cause injury to a person or result in damage and/or destruction of property. PROCEDURE Upon arrival at the scene where an unattended article or suspected explosive device (including letters and packages) has been reported or an explosion has occurred: BOMB THREAT MEMBER OF THE SERVICE RECEIVING THREAT 1. 2. Obtain all relevant information and details. Immediately notify Communications Section and provide details. a. Provide caller’s location and telephone number, if available. UNIFORMED MEMBER OF THE SERVICE 3. 4. 5. Respond to location. a. Ascertain caller’s location and telephone number, if possible. Request response of patrol supervisor and Emergency Service Unit. Obtain details concerning the nature of the threat (e.g., time, location, type of device, etc.) a. Interview person receiving communication, if possible. PATROL SUPERVISOR 6. 7. Review actions taken and determine if additional personnel or equipment are required. Confer with premise owner/representative. NOTE The scope of the preliminary search and/or evacuation will be determined based upon all available information including the type of premise, premise location, nature of business conducted at the location, and prior history of similar threats. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-40 REVISION NUMBER: PAGE: 08/01/13 2 of 5 PATROL SUPERVISOR (continued) 8. Conduct preliminary search of location, if appropriate. NOTE If at anytime during the preliminary search a suspected explosive device is discovered or is believed to exist, immediately comply with the procedure for a suspected explosive device as outlined below. UNATTENDED ARTICLE UNIFORMED MEMBER OF THE SERVICE 9. 10. 11. NOTE Interview complainant and witnesses, if available. Attempt to determine owner/custodian of article or property. a. Ascertain circumstances under which the unattended article was discovered. Notify owner/custodian to retrieve property if inquiry reveals the identity of the owner/custodian and the nature of the article. An unattended article will not be physically examined or otherwise disturbed by a member of the service other than a member assigned to the Bomb Squad. 12. NOTE Comply with the procedure for suspected explosive devices if owner/ custodian cannot be determined and/or circumstances indicate that an article may be a danger to public safety. Members of the service must consider the totality of circumstances when determining whether an unattended article poses a possible threat to public safety. The following factors should be taken into consideration: a. Prior history or threats at location or vicinity; b. Sensitive nature of business or activity which occurs at location where article is found (e.g., government or religious institution, foreign or diplomatic office or residence); c. Physical indications (e.g., exposed wires, oil stains, odor of gasoline or other noxious substance); d. Recent political events (e.g., national or international incidents or controversy); e. High volume of pedestrian or vehicular traffic (e.g., subway stations, railroad/bus terminals, bridges, tunnels, etc.). SUSPECTED/REPORTED EXPLOSIVE DEVICES UNIFORMED MEMBER OF THE SERVICE 13. 14. Evacuate area, as necessary. Notify Communications Section, via landline, (DO NOT USE CELLULAR TELEPHONE OR PORTABLE RADIO) and request: a. Patrol supervisor to respond, b. Emergency Service Unit to respond, c. Duty captain to respond, and d. Operations Unit be notified. PATROL SUPERVISOR 15. Review actions taken and determine if additional personnel or equipment are needed. a. A Level One mobilization may be activated to have personnel respond rapidly to the scene, when necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-40 REVISION NUMBER: PAGE: 08/01/13 3 of 5 NOTE The ranking member of the Police Department at the scene is in command; however, he/she will consult with the ranking Fire Officer and other City officials, if present, to determine if further evacuation is required or if emergency action taken should be expanded or curtailed. PATROL SUPERVISOR (continued) 16. 17. 18. 19. NOTE Establish Command Post. Assign uniformed members of the service to prevent entry of persons into evacuated areas. Assign uniformed members of the service to direct responding personnel to Command Post. a. Notify Traffic Management Center if a significant re-routing of traffic is expected. Organize search of premises or area. a. Secure assistance of building security, custodial or supervisory personnel. b. Obtain floor plan of premise, if possible. c. Assign search teams to specific areas accessible to the public. d. Remain at command post to coordinate search activities and maintain control of search teams. e. Have search teams use stairways instead of elevators (if elevators must be used, use those not accessible to the public). DO NOT USE PORTABLE RADIOS OR CELLULAR TELEPHONES WHEN SEARCHING A BUILDING FOR AN EXPLOSIVE DEVICE. 20. SEARCH TEAM 21. 22. Discontinue search twenty minutes prior to threatened time of explosion when building is unoccupied or evacuated. a. Do not resume search for at least one hour after threatened time. Do not touch or disturb a suspected device under any circumstances. Notify Command Post when a suspected device is found or search of premises is completed. NOTE Secondary explosive devices may be involved; continue search of premises or area until completed. PATROL SUPERVISOR 23. NOTE The Emergency Service Unit supervisor shall determine the necessary preliminary steps to be taken to safeguard the device pending the arrival of the Bomb Squad personnel. Absent an Emergency Service Unit supervisor, the senior member of the Emergency Service Unit on the scene will determine the necessary preliminary steps to be taken. Request Communications Section to notify Operations Unit and request Bomb Squad to respond if a suspected device is found. a. Notify Bomb Squad of incident upon arrival at scene when unattended article or suspected explosive device is located at a transit facility or other location where there is a potential for significant disruption of public transportation service. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-40 PATROL SUPERVISOR (continued) REVISION NUMBER: PAGE: 08/01/13 24. 25. 26. 4 of 5 Direct that all persons be evacuated to at least 1,000 feet from any unattended article or suspected device. a. Distance to which persons are evacuated may be either increased or decreased, depending upon circumstances and location, upon the recommendation of personnel assigned to the Emergency Service Unit or Bomb Squad. Notify Communications Section and Operations Unit when search is completed without results or when device is removed. Direct uniformed members of the service to return to command or post upon completion of search. POST EXPLOSION BOMB SCENE PATROL SUPERVISOR 27. NOTE To enhance safety and preserve the integrity of the bomb scene, the ranking officer on the scene will limit search crews to the minimum number necessary to effectively accomplish the task. Due to the possible existence of secondary explosive devices, including devices specifically designed to injure responding emergency personnel, search crew members will use extreme caution while searching for or removing injured/deceased persons. 28. 29. NOTE Conduct immediate and expeditious search for deceased, injured or trapped persons. a. Have property of evacuated, injured persons safeguarded, if necessary. Direct Emergency Service Unit members to remove injured to a safe location where medical treatment may be administered. a. Safeguard but do not move bodies of deceased persons. Have Emergency Medical Service administer medical treatment at safe locations. After necessary medical assistance has been rendered, and initial search for deceased, injured, trapped persons has been completed, all uniformed members of the service will immediately evacuate to a safe distance (at least 1,000 feet) and await the arrival of Bomb Squad members. 30. 31. 32. 33. Make certain Bomb Squad has been notified to respond. Locate witnesses. a. Request they remain at scene to be interviewed by precinct detectives. Direct that traffic, both vehicular and pedestrian, be detoured from bomb scene, as necessary. Direct preparation of COMPLAINT REPORT (PD313-152) for a bomb threat, suspected explosive device, or post explosion incident, as appropriate. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-40 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 If letter/package is a threatening communication, the uniformed member of the service concerned will put the communication in a suitable envelope to minimize handling. The envelope will be marked, “FOR LATENT FINGERPRINT PROCESSING” and forwarded immediately to the Police Laboratory with REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168). A list of all persons who handled the letter and envelope, with shield numbers, tax registry numbers, if any, and social security numbers, if known, will be included in the list. The contents of threatening letters will not be copied. No persons will be permitted to enter the post explosion/bomb scene, nor any dangerous conditions (e.g., hanging ceiling, lights, broken windows, etc.,) be corrected, until Bomb Squad personnel have conducted a search and declared the area free of secondary explosive devices and the crime scene search has been completed (this includes Fire Department personnel unless a fire exists). Only those persons having a clear need to examine the scene and/or conduct an investigation will be allowed access to the scene subsequent to the area being declared free of secondary devices by the Bomb Squad. RELATED PROCEDURES Preliminary Investigation Of Complaints (Other Than Vice Or Narcotic Complaints) (P.G. 207-07) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G.213-03) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-41 ALARMS - DEPARTMENT OF EDUCATION FACILITIES DATE ISSUED: 09/06/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 1 of 1 PURPOSE To investigate alarms at Department of Education facilities. PROCEDURE Upon receipt of a radio code signal 10-11 (Alarm Condition) at a Department of Education facility: RESPONDING UNIFORMED MEMBER 1. Conduct immediate investigation. IF INVESTIGATION REVEALS FORCED ENTRY: RESPONDING UNIFORMED MEMBER 2. Request radio dispatcher to: a. Direct patrol supervisor to respond to scene b. Notify School Safety Division Alarms Unit. PATROL SUPERVISOR 3. 4. 5. Respond to scene and supervise search of premises. Request additional personnel, if necessary. Assign uniformed member of the service to guard premises and safeguard property pending arrival of custodial or school security personnel. Direct assigned member to obtain required information for preparation of COMPLAINT REPORT. 6. IF PREMISES ARE APPARENTLY SECURE AND THERE IS NO SIGN OF FORCED ENTRY: RESPONDING UNIFORMED MEMBER 7. 8. 9. Transmit radio code signal 10-90N (Unnecessary Alarm). Make entry in ACTIVITY LOG (PD112-145). Resume patrol. RADIO DISPATCHER 10. Notify School Safety Division Alarms Unit for notification to custodian, unless premises has been classified chronic alarm location. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS A custodian, when notified, will respond to the stationhouse, precinct of occurrence, where the desk officer will designate an RMP unit to accompany the custodian to the Department of Education facility to conduct an interior search of the premises. Nothing contained herein shall prevent a member of the service from taking summary or other police action, should circumstances warrant such action. FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-42 ESCORT FOR PHYSICIANS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To prevent assaults and other criminal acts against physicians. DEFINITION PHYSICIANS - Medical Examiners or their assistants performing their official duties and other physicians, who have reason to believe that they may become the victims of crime when responding to an emergency. PROCEDURE When dispatched to a location where a physician requires an escort: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. NOTE Special attention is to be given to doctors’ and dentists’ offices, residences and vehicles to prevent crimes against their person and property. Respond to the location and accompany physician to call. Remain until completion of the visit. Escort physician back to original location. Notify radio dispatcher that escort is completed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-43 VACATE ORDERS FOR RESIDENTIAL BUILDINGS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To prevent injuries due to hazardous building conditions and preserve the peace during the enforcement of a residential building vacate order. SCOPE A “Memorandum of Understanding” concerning the issuance and enforcement of vacate orders at residential buildings was agreed upon by the Commissioners of the Police, Fire, Buildings, and Housing Preservation and Development Departments. Vacate orders are issued to remove residents from, or prevent their return into, a building which has become a hazard. This hazard may be caused by a fire, partial building collapse, etc. Representatives from the agency issuing the vacate order will be responsible for the service of the order. When time permits, and the assistance of the Police Department is anticipated the issuing agency will contact the Chief of Department’s Investigation and Review Section, twenty-four hours in advance. In addition, if a potential for violence exists, the patrol borough command will also be notified to ensure that proper planning takes place prior the issuance of the vacate order. PROCEDURE Upon being assigned to assist in the service of a residential building vacate order: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. NOTE Verify credentials and authority of agency representative. Obtain facts concerning condition which caused vacate order to be issued. Assist in evacuation of building when there is: a. Actual immediate danger that structure will collapse, or b. An existing dangerous condition constituting a threat to human life requiring that occupants vacate immediately. Notify Operations Unit, if above emergency conditions exist. Request patrol supervisor to respond, if: a. Persons are actually being evacuated, or b. Premises are to be sealed, or c. For any other appropriate reason. The patrol supervisor will consult with the duty captain if: a. Reasonable doubt concerning the agency representative’s authority or the validity of the vacate order exists b. A large number of residents must be relocated c. Occupants refuse to vacate premises d. Any potential for violence e. Any other sensitive or dangerous conditions exists. 6. Accompany agency representative until completion of service or execution of order, if requested. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-43 REVISION NUMBER: PAGE: 08/01/13 2 of 3 NOTE Personnel from the agency issuing the vacate order will be responsible for service of the vacate order and for attempting to persuade occupants who fail to comply with the vacate order that they should leave the premises. The agency issuing the vacate order will be responsible for obtaining access to the building(s) or portions of the building(s) to which entry is not available. If, however, the senior representative of the agency issuing the vacate order believes that the safety of agency personnel or the public is at risk, he/she may request the assistance of a police supervisor/commander for entry to be made by police personnel. Additionally, the police supervisor/commander may direct that entry be made by police personnel if it is determined that the safety of the public or agency personnel is at risk. UNIFORMED MEMBER OF THE SERVICE (continued) 7. NOTE Whenever an agency issuing a vacate order determines that vacated premises must be secured against re-entry, the agency concerned will notify and make arrangements with the Department of Housing Preservation and Development (DHPD) which is responsible for sealing and/or demolishing vacated premises. The Department of Housing Preservation and Development is responsible for sealing the building, or providing sufficient security to prevent it from being reoccupied, within seventy-two hours of the enforcement of the vacate order. Uniformed members of the service will take appropriate interim measures to secure the premises against re-entry. In the event that the Department of Housing Preservation and Development does not commence work in a timely manner, notify the Investigation and Review Section, Monday through Friday, 0800 to 1600 hours, or the Operations Unit at other times. The Investigation and Review Section will contact the Department of Housing Preservation and Development to ascertain when the work will commence. 8. 9. DESK OFFICER 10. ADDITIONAL DATA Ascertain from agency representative any provisions made to safeguard vacated premises and property of persons evacuated. a. Relocations are the responsibility of the issuing agency. Make ACTIVITY LOG (PD122-145) entry including: a. Facts concerning premises security provisions b. Identify of representative of agency issuing vacate order c. Identify of representative of any other city agencies present. Report facts to desk officer upon completion of assignment. Report facts to commanding officer, if condition may require special patrol coverage. Vacate orders may be issued by the Department of Buildings, Department of Health, the Fire Department and Department of Housing Preservation and Development. The agency issuing the vacate order will serve any necessary summonses. Any necessary arrests will be made by the assigned officer and the agency representative will appear as the complainant. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-43 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 Agencies issuing vacate orders and anticipating the need for police assistance should contact the Chief of Department’s Investigation and Review Section, twenty-four hours in advance of the initial execution time. The Investigation and Review Section will notify the patrol borough concerned which will notify the appropriate precinct of the particulars of the vacate order. In cases where the issuing agency is aware of a potential for violence at these locations, a responsible representative of the issuing agency will notify and confer with the patrol borough commander concerned or his/her designee prior to enforcement activity to assure proper planning. Under exigent circumstances, i.e., building collapse or other condition constituting a threat to human life, uniformed members of the service may assist with non-residential vacate orders. Each borough command and the Chief of Department, Investigation and Review Section, will obtain and have available a copy of the “Memorandum of Understanding.” RELATED PROCEDURES Construction Sites (P.G. 214-16) Vacate Buildings (P.G. 214-17) Stop Work Orders (P.G. 214-18) FORMS AND REPORTS ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-44 RESPONSE TO FIREARMS DEALERS LOCATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To establish a proper response to firearms dealer locations after notification via NICS and the New York State Police that a person wanted on a warrant is attempting to purchase a weapon. SCOPE Federal law requires that federally licensed firearm dealers in New York City conduct an “instant background check” on any person wishing to purchase a firearm (handgun, rifle, shotgun). To do this the dealer will telephone the Federal Bureau of Investigation’s National Instant Criminal Background Check System (NICS), with the person’s pedigree information. Within a short time NICS will advise the dealer whether or not a firearms sale can be completed. In situations where NICS confirms that there is an outstanding arrest warrant for a person attempting to purchase a firearm, they will notify the New York State Police, who in turn will contact the N.Y.P.D.’s Operations Unit. Operations Unit will then notify both the patrol borough concerned and the Communications Section. Communications Section will advise the patrol supervisor to contact Operations Unit for an appraisal of situation i.e., the location and number of perpetrators. Based on all available information, the patrol supervisor will evaluate the situation and determine if additional resources are required, and if the duty captain should be notified. PROCEDURE When a notification is received via the National Instant Criminal Background Check System (NICS) and the New York State Police, that a person attempting to purchase a firearm from a gun dealer is wanted on a warrant: OPERATIONS UNIT MEMBER 1. Notify Communications Section and patrol borough concerned. COMMUNICATIONS DISPATCHER 2. Notify patrol supervisor, precinct concerned, to contact Operations Unit. NOTE If the patrol supervisor is not available, another supervisor will be directed to respond. PATROL SUPERVISOR 3. 4. 5. 6. 7. NOTE Depending upon the information available, including the seriousness of the offense for which the person in question is wanted, the patrol supervisor will assign sufficient units to respond. In addition, strong consideration will be given to notifying the patrol borough warrant team, Emergency Service Units, etc. Confer with Operations Unit member regarding situation at gun dealer’s location. Evaluate the situation. Determine if additional resources are required. Notify and confer with duty captain, if necessary. Devise an appropriate tactical plan, giving priority to the safety of the public and responding members of the service. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-44 REVISION NUMBER: PAGE: 08/01/13 2 of 2 PATROL SUPERVISOR (continued) 8. NOTE If the wanted person is not present at the store, the case will be referred to the precinct detective squad. 9. NOTE Respond to gun dealer’s location and direct that the wanted person be taken into custody, if still present. Have subject removed to stationhouse for either further investigation or arrest processing. A NICS “hit” on a name check is not considered conclusive and is not sufficient authority to arrest. Further inquiries must be made through the Warrant Section, twenty-four hours a day, seven days a week. In addition, New York City Pistol Permit holders are issued a PISTOL PURCHASE AUTHORIZATION (PD643-053) only after a name check is conducted. When appropriate, the License Division should be conferred with. DESK OFFICER 10. Supervise arrest processing and ensure that the Warrant Section is notified by the uniformed member of the service concerned to confirm the status of the warrant. UNIFORMED MEMBER OF THE SERVICE CONCERNED 11. Record name of person notified at Warrant Section in the Telephone Record and other pertinent Department forms, i.e., ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). ADDITIONAL DATA If assistance regarding NICS or instant checks is needed, the uniformed member of the service (UMOS) can call toll free the NICS customer service number from 0900 to 0200 hours daily. When further information, beyond that which is available through the toll free number is needed, the UMOS can call NICS at (304) 625-7363 or (304) 625- 7361, during business hours listed above, Monday through Friday. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-45 FOREIGN NATIONAL REQUESTING ASYLUM DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 1 PURPOSE To protect persons seeking asylum and notify proper agencies. PROCEDURE Upon coming in contact with a foreign national seeking asylum in this country: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. DESK OFFICER 4. 5. 6. 7. Notify desk officer. Provide necessary protection. Accompany person to command. Make immediate notification to Commanding Officer, Intelligence Bureau. Interview person seeking asylum and obtain the following: a. Name b. Nationality c. Date and place of birth d. Occupation e. Description of documents possessed f. What foreign authorities, if any, are aware of his seeking asylum g. Circumstances surrounding request for asylum h. Where asylum was requested, e.g., aboard vessel, aircraft. Estimated time of arrival of next intended port or airport. i. Reason for requesting asylum j. Description of criminal charges known or alleged to be pending against asylum seekers. Telephone information to Commanding Officer, Intelligence Bureau. Afford the person proper protection until determination is made of his status. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-46 UNLAWFUL POSSESSION OF RIFLES/SHOTGUNS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To record and process violations concerning unlawful possession of a rifle or shotgun. SCOPE The following individuals are exempt from appropriate sections of the Administrative Code: a. b. c. d. Persons in military service of the State of New York duly authorized by the Chief of Staff to the Governor. Peace officers as defined in Section 1.20, subdivision 33, Criminal Procedure Law Participants in special events when authorized by the Police Commissioner Others as described in Administrative Code, Section 10-305. PROCEDURE When a uniformed member of the service observes a person in custody or possession of a rifle or shotgun, loaded or unloaded, covered or uncovered in public: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. NOTE Determine if person possesses a valid permit and certificate of registration, or is exempt. Inform person not possessing permit and certificate of registration, or who is not exempt that: a. He may accompany officer to precinct and surrender firearm, or b. He may surrender firearm at the scene for which a receipt will be given. Conduct a name check; serve summons if eligible, returnable to the appropriate borough Criminal Court for the following violations of the Administrative Code: a. No permit and certificate of registration - Section 10-303 b. Carried, not enclosed in a non-transparent cover, or is loaded Section 10-131, subdivision (h)(2). Make summary arrest if violator is not eligible for summons or if person refuses to surrender weapon. Notify License Division, Rifle and Shotgun Section of action taken. Prepare PROPERTY CLERK INVOICE (PD521-141) and invoice weapons as evidence. a. Forward copy of INVOICE to Rifle and Shotgun Section. A resident of New York City who purchases a rifle or shotgun outside New York City must make application for a permit within seventy two hours after bringing the weapon into the City. A rifle or shotgun that is surrendered to, or confiscated by a uniformed member of the service within this time period will be invoiced for safekeeping and a summons will not be served. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-46 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 7. 8. 9. 2 of 2 Issue owner receipt for weapon on Prisoner/Finder Copy (pink) of INVOICE. Forward weapon to Firearms Analysis Unit only if member concerned believes that weapon might have been used in the commission of a crime or permit holder has been accused or convicted of a serious crime. Inform owner to apply for permit in person at Rifle and Shotgun Section, 120-55 Queens Boulevard, Kew Gardens, New York. ADDITIONAL DATA Weapon held for safekeeping will be returned to owner at the borough Property Clerk’s office upon presentation of a valid permit, registration and signed release from Rifle and Shotgun Section. If an owner, after surrendering a rifle/shotgun, does not wish to obtain a permit, such owner may sell the rifle/shotgun to a permit holder or any person, not required by law to possess a permit. Upon presentation of a bona fide bill of sale and a written representation by the owner that the weapon has been sold or otherwise disposed of, the Rifle and Shotgun Section will issue a release to the new lawful owner. RELATED PROCEDURES Voluntary Surrender of weapons with Written Notice (P.G. 207-26) Voluntary Surrender of Weapons Without Prior Notice (P.G. 207-27) Rifle/Shotgun Permit - Suspended, Revoked, Disapproved (P.G. 212-85) Processing Firearms and Firearm-Related Evidence (P.G. 218-23) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-47 COUNTERFEIT MONEY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To confiscate counterfeit money. PROCEDURE When counterfeit money is detected and it is determined that the passer is an innocent victim or there is no indication who passed it: INVESTIGATING OFFICER 1. 2. DESK OFFICER 3. 4. 5. 6. 7. Have person last in possession write his name and date across face of bill or scratch initials on a coin. Sign rank, name, shield number and date on bill or scratch initials on coin. Prepare four copies of report on Typed Letterhead addressed to Chief of Patrol describing in detail how money came into possession of member of the service, including amount and serial numbers. Assign messenger to deliver reports and money to patrol borough office. Have messenger sign itemized receipt in Property Receipt Book. Direct messenger to obtain one receipted copy of report from patrol borough office. Attach receipted copy of report received from messenger, to entry in Property Receipt Book. PATROL BOROUGH MEMBER 8. Direct borough messenger to deliver counterfeit money with remaining copies of report to Patrol Services Bureau. PATROL SERVICES BUREAU MEMBER 9. Give borough messenger receipted copy of Typed Letterhead for file in borough office. Deliver money and two remaining copies of letterhead to the Special Agent-In-Charge, United States Secret Service. Obtain one copy of report, receipted by Special Agent, for file in the Patrol Services Bureau. 10. 11. RELATED PROCEDURE Counterfeiting/Forging U.S. Government Obligations or Counterfeiting/Unauthorized Use of Access Device (P.G. 208-47) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-48 MOTOR VEHICLES REPOSSESSED/PARKING VIOLATIONS SCOFFLAW REMOVAL PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To record information concerning repossessed vehicles/vehicles seized under the Parking Violations Scofflaw Removal Program. PROCEDURE When a person/city marshal appears at a stationhouse and reports a repossessed vehicle/vehicle seized under Scofflaw Removal Program: IF VEHICLE REPOSSESSED DESK OFFICER 1. 2. 3. Request identification. Examine papers authorizing seizure of vehicle. a. Conduct a check of the VIN through the Department of Motor Vehicles utilizing the FINEST system. Make Command Log entry and notify Stolen Property Inquiry Section, utilizing the FINEST System, of the following: a. Time and date of repossession b. Location from which obtained c. Name, address and telephone number of firm, corporation, etc. repossessing vehicle d. Name, business address of person executing the repossession e. Year and make of vehicle f. Registration plate number, state and year g. Vehicle identification number, if known h. Name and address - registered owner i. Name of member of the service notified at Stolen Property Inquiry Section. NOTE When the FINEST SYSTEM is inoperative, notification to Stolen Property Inquiry Section (S.P.I.S.) will be made by telephone. MEMBER CONCERNED, S.P.I.S. 4. Enter information into the NYSPIN/NCIC computer system. a. The information will be retained in the computer for thirty days. IF VEHICLE SEIZED - SCOFFLAW REMOVAL PROGRAM DESK OFFICER 5. NOTE Verify credentials of city marshal upon arrival. a. Conduct a check of the VIN through the Department of Motor Vehicles utilizing the FINEST system. The city marshal must report as soon as possible to the stationhouse of the precinct where the vehicle was picked up and provide the desk officer with a Parking Violations preprinted two part snap-out containing pertinent information regarding the seizure. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-48 PAGE: 08/01/13 DESK OFFICER 6. 7. (continued) 8. 9. ADDITIONAL DATA REVISION NUMBER: 2 of 2 Examine papers authorizing seizure of the vehicle. Sign and return one copy of the form to the city marshal. Make Command Log entry and notify Stolen Property Inquiry Section utilizing FINEST inquiry format “RVIE” (Request for Vehicle Impound Entry) of the following: a. Time and date of impound b. Location from where obtained c. City marshal’s name and shield number d. Year and make of vehicle e. Registration plate number f. Vehicle identification number g. Name and address of registered owner. File remaining copy of Parking Violations form in Property Receipt Book and enter relevant information. a. Make cross-reference in Command Log to Property Receipt Book. Discrepancies will immediately be reported to the Stolen Property Inquiry Section supervisor, by telephone. Tow trucks used in the Scofflaw Removal Program are sub-contracted by the participating city marshals, require licensing by the Department of Consumer Affairs and are subject to the rules and regulations of that agency. Information concerning abandoned vehicles, which have not been reported stolen but are the subject of an investigation, is transmitted to the Stolen Property Inquiry Section for entry into the NYSPIN/NCIC computer system in the same manner as for repossessed vehicles. Section 424, Vehicle and Traffic Law requires agencies who are members of the New York Statewide Police Information Network (NYSPIN) to report the impounding of motor vehicles, trailers or parts thereof to the Network. This is intended to prevent false or erroneous reports of motor vehicle theft by owners who are unaware that their vehicles have been impounded. Reports to NYSPIN shall include if possible: a. Vehicle Identification Number (VIN) b. Date of impoundment c. License plate number d. Location where the vehicle was obtained e. Name, address and telephone number of the facility where the vehicle is being stored. The term “impound” is defined to mean the taking into possession by an agency of any motor vehicle which has been abandoned, repossessed, seized pending forfeiture proceedings, taken into custody or held as evidence in the course of a police investigation, required to be impounded by law, or held by any agency under circumstances in which the owner might not reasonably know the status of the vehicle. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-49 INCIDENTS INVOLVING MEDIA REPRESENTATIVES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To cooperate with media representatives by not interfering or allowing others to interfere with media personnel acting in their news gathering capacity. NOTE A member of the press with proper credentials may not be excluded from an area where the general public has access. PROCEDURE Whenever a member of the service (uniformed or civilian) becomes involved in an incident or confrontation with media personnel or media personnel are assaulted, harassed or their vehicles/equipment are vandalized/damaged at the scene of news events: UNIFORMED MEMBER OF THE SERVICE 1. SUPERVISORY MEMBER 3. 2. 4. 5. 6. 7. NOTE Determine if any threat to safety of media representatives exists and take appropriate action. Request response of a supervisory officer. Cooperate with and assist media representatives and provide safe access to the scene, if possible. Conduct immediate investigation if member of the media is assaulted, harassed or their vehicle/equipment is vandalized/damaged. Attempt to obtain third party witnesses if confrontation with members of the service or others. Request all parties, including witnesses, if possible, to report to precinct of occurrence for further investigation, when necessary. Notify the Office of the Deputy Commissioner, Public Information without delay. The Office of the Deputy Commissioner, Public Information, is available 24 hours a day, 7 days a week for consultation and/or response to incidents involving the media. Members of the service are required to immediately notify the Deputy Commissioner, Public Information of any incident involving the media, regardless of the outcome of that incident. DESK OFFICER 8. Notify: a. Commanding officer/duty captain b. Lieutenant platoon commander c. Operations Unit. LIEUTENANT PLATOON COMMANDER 9. Respond to command, if in the field, and under the supervision of the commanding officer/duty captain, conduct investigation of incident. NOTE The commanding officer/duty captain will perform the duties of the lieutenant platoon commander, if the platoon commander is unavailable. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-49 REVISION NUMBER: PAGE: 08/01/13 2 of 2 LIEUTENANT PLATOON COMMANDER (continued) 10. NOTE The Office of Deputy Commissioner - Public Information will maintain a central repository of all reports received of incidents involving news media representatives. 11. COMMANDING 12. OFFICER/ DUTY CAPTAIN ADDITIONAL DATA Prepare report on Typed Letterhead containing details of incident and results of investigation and forward to: a. Chief of Patrol/bureau chief concerned b. Borough commander concerned c. Commanding Officer, Public Information Division d. Command file. Forward supplementary report, if necessary. Respond to command and supervise the investigation and preparation of the report by the lieutenant platoon commander. Members of the service will not interfere with the video taping or the photographing of incidents in public places. Intentional interference such as blocking or obstructing cameras or harassing the photographer constitutes censorship. Working Press Cards clearly state the bearer “is entitled to cross police and fire lines.” This right will be honored and access will not be denied. However, this does not include access to interior crime scenes or areas frozen for security reasons. In order to cooperate more fully with members of the news media and provide them with access to cover newsworthy events, the following guidelines will be adhered to unless safety interests or proper performance of police duties require otherwise: a. To the extent it is feasible to do so, the media’s access to demonstrations on private property will not be impeded by the Department. b. The media will be given access as close to the activity as possible, with a clear line of sight and within hearing range of the incident. c. When incidents spill over or occur on private property, members of the media will not be arrested for criminal trespass, unless an owner or representative expressly indicates that the press is not to be permitted to enter or remain on the property. d. If the ranking officer at the incident determines that press access must be restricted in certain circumstances (i.e., in order for the Department to carry out its law enforcement functions), he retains the discretion to do so. RELATED PROCEDURES Information Concerning Official Business of Department (P.G. 212-76) Release of Information to News Media (P.G. 212-77) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-50 AIRCRAFT VIOLATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To enforce laws regulating the operation of aircraft over the city. PROCEDURE Upon receiving a complaint of or observing an aircraft being operated in a careless or reckless manner (e.g., performing acrobatics), advertising by towing a banner, dropping circulars, using loud speakers, landing or taking-off, except in an emergency, any place within the city other than places designated by the Department of Transportation or Port Authority of New York, or violating any other law over the city: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. DESK OFFICER 5. 6. 7. 8. Notify the Communications Section and request Aviation Unit response, if necessary. Record the following information: a. Description of aircraft, as detailed as possible, including registration number, type (airplane, helicopter, gyroplane), color, paint scheme, number of engines/propellers, wings (mounted high or low, biplane, etc.) b. Description of the action of the aircraft in flight, include estimate of altitude (height of known structure, if possible) c. Approximate location where flight action occurred d. Time and date when action occurred e. Names and addresses of witnesses f. Name and location of base from which the aircraft took off from, or landed, if known. Serve summons, if possible. Telephone information to the desk officer promptly. Assign a uniformed member of the service to advise complainant that a citizen may lodge a complaint with the local Federal Aviation Administration, Flight Standards District Office, if member of the service does not observe the violation. Notify Aviation Unit. Notify commanding officer/duty captain/operations coordinator. Telephone information to Special Operations Division. AVIATION UNIT 9. Follow aircraft after observing a violation to any airport in the metropolitan area to identify the aircraft and violator, if possible. a. Serve summons, if warranted. UNIFORMED MEMBER OF THE SERVICE 10. Inform the complainant that they may lodge a complaint with the local Federal Aviation Administration, Flight Standards District Office. Make ACTIVITY LOG (PD112-145) entry, including name, address, and telephone number of any witnesses. 11. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-50 REVISION NUMBER: PAGE: 08/01/13 2 of 2 DESK OFFICER 12. Prepare three copies of report of the circumstances on Typed Letterhead. a. Send copy to Aviation Unit b. Send copy to Special Operations Division c. File copy in binder at desk. COMMANDING 13. 14. OFFICER, 15. AVIATION UNIT Investigate report of the violation. Determine the identity of the aircraft and pilot. Determine if violation of Federal Aviation Regulations, Administrative Code or other law has been committed and have summons prepared, if warranted. a. Prepare report, if violation has occurred, on OFFICIAL LETTERHEAD (PD158-151) describing the details of the violation and the identity of the offender to the Federal Aviation Adminstration, Flight Standards District Office, Garden City, N.Y. (through channels) for all aircraft violations in New York City, except helicopters. (1) Send report to Flight Standards District Office, Farmingdale, N.Y., (through channels) for all helicopter related violations. Investigate and maintain complete statistics and records of all forced landings within the city. 16. ADDITIONAL DATA The Administrative Code, Section 10-127, makes it unlawful for the operator or owner of an aircraft to fail to report to the police department within ten hours a forced landing of aircraft within city limits or an accident to an aircraft where personal injury, property damage or serious damage to the aircraft is involved. Uniformed members of the service on the scene will direct the pilot or owner to report to the desk officer, precinct of occurrence. Failure to comply with this section is a misdemeanor. When an airport, heliport or seaplane base is operating without a permit issued by the New York City Economic Development Corporation or in violation of the permit, the precinct commander will make a notification to the Economic Development Corporation and prepare and forward two copies of a report to the Chief of Department and one copy to the Commanding Officer, Aviation Unit. FORMS AND REPORTS ACTIVITY LOG (PD112-145) OFFICIAL LETTERHEAD (PD158-151) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-51 RESPONSE TO WORK DISRUPTIONS AT CITY CONSTRUCTION SITES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To investigate and record complaints, effect arrests, when necessary, and provide complainants in cases involving illegal work disruptions at City construction sites. SCOPE In an effort to more effectively respond to and prevent illegal activity and demonstrations which result in work disruptions at City construction sites, this Department and the Mayor’s Office of Construction have developed a protocol to be followed by members of the service and City agencies concerned. The protocol requires: a. Posting of “No Trespassing” signs at construction sites. b. Designation of an authorized agent to act as a liaison with personnel of this Department. c. Availability of agency representatives to act as complainants in criminal cases. DEFINITIONS CONSTRUCTION SITE WORK DISRUPTION - Illegal activity by an individual or individuals at or in the vicinity of a City construction site which is either solely or in addition to other purposes intended to prevent, delay or encumber construction work activity. AUTHORIZED AGENT - Individuals designated to act as a liaison with Police Department personnel. In addition to other duties, the authorized agent will: a. Assist Police Department personnel in entering the site and identifying trespassers. b. Provide eyewitnesses, if possible, to unlawful conduct in the event such conduct is alleged, but not witnessed by members of the service concerned. The identity of the authorized agent should be provided to the appropriate precinct commander by the City agency concerned. CITY CONSTRUCTION SITE - Property owned or leased by the City of New York or agency of the City of New York upon which a physical structure (e.g., building, housing, school, park, tunnel, road, etc.) is being constructed, renovated or demolished. PROCEDURE Upon receiving a report of a work disruption at a City construction site: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. Respond to location, verify disruption and ascertain extent. Confer with authorized agent at construction site to determine if criminal activity has occurred. Request response of patrol supervisor, if work site disruption is verified. Make summary arrest if investigation reveals the commission of a criminal offense. a. Effect arrest for felonious assault, based on information or observation, regardless of the willingness of the victim to act as the complainant. (1) Identity of informant, if any, will be noted. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-51 PAGE: 08/01/13 b. UNIFORMED MEMBER OF THE SERVICE (continued) c. NOTE REVISION NUMBER: 2 of 2 Effect arrest for criminal trespass and/or criminal mischief to City owned property based on information or observation. (1) The City agency responsible or the Mayor’s Office of Construction will act as the complainant. (a) Identity of informant, if any, will be noted. Effect arrest for criminal mischief involving property owned by any party other than the City of New York or City agency only when the party concerned requests an arrest be made and will provide a complainant. (1) Identity of the supervisory personnel representing the party involved and informant, if any, will be noted. It is not necessary to personally communicate a notice against trespass to an individual(s) if “No Trespassing, Authorized Personnel Only” signs are posted and clearly visible from outside an enclosed construction site. PATROL SUPERVISOR 5. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) in all verified incidents and deliver to desk officer. a. Enter “Construction Site Disruption” in box captioned “OFFENSE.” 6. 7. 8. Respond to location. Request additional personnel and equipment, if necessary. Notify desk officer. DESK OFFICER 9. Notify precinct commander/duty captain, patrol borough command, and Operations Unit. COMMANDING OFFICER/ COUNTERPART 10. ADDITIONAL DATA A representative of the City agency concerned will act as the complainant in criminal cases involving City property. The agency representative will not necessarily be the same individual identified as the “authorized agent” at the construction site. While the authorized agent should be prepared to provide information, identification, and/or eyewitnesses to the criminal action, the authorized agent is not required to act as the complainant. RELATED PROCEDURES Emergency Incidents (P.G. 213-02) Unusual Occurrence Reports (P.G. 212-09) Labor Dispute (P.G. 212-52) FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) 11. Respond to location and confer with supervisory personnel of the construction site. Evaluate situation and direct the response of personnel and equipment accordingly. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-52 LABOR DISPUTE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To preserve the peace and protect life and property at the scene of a strike or labor dispute. DEFINITIONS PENAL LAW SECTION 240.25, HARASSMENT IN THE FIRST DEGREE prohibits “stalking” - intentionally and repeatedly harassing another person by following him/her in a public place or by engaging in a course of conduct which places the person in reasonable fear of physical injury. However, this Penal Law section does not apply to conduct which constitutes picketing or other labor-related activity governed by federal labor statutes. PENAL LAW SECTION 240.26, HARASSMENT IN THE SECOND DEGREE prohibits harassing a person by following him/her in a public place or engaging in a course of conduct which alarms or seriously annoys someone and has no legitimate purpose. These provisions do not apply to conduct which constitutes picketing or other labor-related activity governed by federal labor statutes. However, the law leaves intact the prohibition against striking, shoving, kicking, or otherwise subjecting another person to physical contact, or attempting to do such acts -- no one, whether picketing or not, is permitted to engage in this behavior, which remains enforceable as Harassment in the second degree. PROCEDURE Upon arriving at the scene of a strike or labor dispute: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. Take action to preserve the peace and prevent destruction of property. Request response of patrol supervisor. Notify desk officer. PATROL SUPERVISOR 4. 5. Respond to location. Interview, separately, a management representative and union representative. a. Obtain information for a STRIKE REPORT (PD332-151). Advise management and union representatives that: a. Force or violence will not be tolerated b. The law will be enforced impartially c. Right of the public to use streets and sidewalks will be protected d. Striking employees may conduct orderly picketing in accordance with conditions at the location e. The precinct commander will designate the number of pickets permitted f. Professional agitators and the use of language offensive to public decency will not be permitted g. The carrying of sticks or poles that are affixed to signs, or other objects, which may be injurious to the public, by any individual or group, will not be permitted. Telephone the desk officer for immediate assignment of personnel, if required. Deliver the STRIKE REPORT to the desk officer. 6. 7. 8. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-52 REVISION NUMBER: PAGE: 08/01/13 2 of 2 DESK OFFICER 9. Confer with precinct commanding officer/duty captain concerning personnel assignments. PRECINCT COMMANDING OFFICER/ DUTY CAPTAIN 10. Determine personnel requirements. a. Obtain the following information, if the dispute involves a large plant and a considerable number of employees: (1) Location and size of plant (2) Location of entrances, exits, loading platforms, etc. (3) Employees arrival and departure times (4) Entrances and exits used by employees (5) Time of employee’s meal periods and location of premises where meals taken (6) Transit facilities, parking lots and routes used by employees (7) Times merchandise is shipped or received (8) Other locations that may be affected by dispute (9) Special hazards or conditions affecting police duty. PATROL SUPERVISOR 11. Set up command post, if conditions require. NOTE Facilities of management or labor are not to be used as a command post or meal location. DESK OFFICER 12. 13. 14. 15. Make assignments as directed by precinct commander/duty captain from precinct personnel, if available, or request additional personnel from patrol borough command. Notify Operations Unit. Have STRIKE REPORT prepared. Sign STRIKE REPORT above caption “Reviewed By.” a. Forward as indicated on form. ADDITIONAL DATA When individuals are engaged in labor related activity such as picketing, distributing leaflets or otherwise demonstrating in a labor relations context, they are exempt from arrest for the categories of harassment discussed above. Instead, the victim may be referred to court for an injunction, or to the National Labor Relations Board. The only permissible arrest for harassment in this situation is now where the individual strikes, shoves, kicks, or otherwise subjects the victim to physical contact, or attempts or threatens to do the same. It should also be remembered that no other Penal Law section has been amended in this way, so that a person who violates other provisions such as disorderly conduct, menacing, criminal mischief, etc., will still be subject to arrest even if the violation occurred in a labor demonstration. RELATED PROCEDURES Unusual Occurrence Reports (P.G. 212-09) Emergency Incidents (P.G. 213-02) FORMS AND REPORTS STRIKE REPORT (PD332-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-53 COMMAND RESPONSIBILITIES WHEN A PERSON DIES OR SUSTAINS A SERIOUS INJURY IN CONNECTION WITH POLICE ACTIVITY DATE ISSUED: 09/27/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/27/13 1 of 4 PURPOSE To establish command responsibility and notification requirements when a person dies, is seriously injured in connection with a police activity, or sustains an injury resulting from a police firearms discharge. DEFINITION POLICE ACTIVITY - includes, but is not limited to: a. Any death while in police custody. b. Prior to police custody a prisoner/EDP is seriously injured. The serious injury could be the result of community intervention or self-inflicted, etc. c. Police use of force resulting in serious injury. d. Death or serious injury to a person fleeing from a police foot or vehicle pursuit. e. Serious physical injury of a person resulting from police restraint, (e.g., EDP). f. Any injury to a person resulting from a police firearms discharge. PROCEDURE When a person dies, is seriously injured in connection with a police activity, or sustains an injury resulting from a police firearms discharge: UNIFORMED MEMBER OF THE SERVICE 1. Immediately request the response of the patrol supervisor, and a. Safeguard possible crime scene. b. Provide and/or secure appropriate medical attention for the injured person. PATROL SUPERVISOR 2. 3. 4. Respond to scene, assess the situation. Notify the desk officer. Establish crime scene, if necessary. DESK OFFICER 5. Make the following notifications: a. Borough command b. Operations Unit c. Commanding officer/duty captain d. Internal Affairs Bureau, Command Center e. Detective squad and borough commands. OPERATIONS UNIT 6. Notify duty chief. PATROL BOROUGH COMMAND 7. 8. Notify duty inspector. Notify shooting team leader when: a. Injury occurs as a result of a police shooting. b. Requested by duty inspector regarding a death in custody or serious injury in connection with police activity. DUTY INSPECTOR 9. 10. 11. Respond to scene. Confer with commanding officer/duty captain/shooting team leader. Confer with Internal Affairs Bureau Response Team. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-53 IAB RESPONSE TEAM REVISION NUMBER: PAGE: 09/27/13 12. 13. 14. COMMANDING 15. 16. OFFICER/ DUTY CAPTAIN/ SHOOTING TEAM LEADER 2 of 4 Respond to scene. Confer with commanding officer/duty captain/shooting team leader. Advise Internal Affairs Bureau Duty Captain, as appropriate. Respond and assess the situation. Confer with Internal Affairs Bureau Duty Captain/Internal Affairs Bureau Response Team. NOTIFICATION TO NEXT OF KIN WHEN A PERSON DIES IN CONNECTION WITH POLICE ACTIVITY PATROL BOROUGH COMMANDER/ DESIGNEE 17. Ensure timely notification to next of kin in cases where a person dies in police custody. a. Have a member of the Community Affairs Bureau assist with the notification, if appropriate. (1) Notification should be made by a member in the rank of lieutenant or above. NOTIFYING MEMBER 18. Confer with involved detective borough commander/designee prior to contacting next of kin. Notify next of kin upon approval from involved detective borough commander/designee. a. Notification should be made within a reasonable amount of time, preferably within two hours. b. An investigator should accompany the member making the notification unless it is deemed inappropriate by the patrol borough commander/designee and the involved detective borough commander/designee. (1) Notification will not be delayed an inordinate period of time pending availability of investigator. Notify Office of the Chief of Department of successful notification and provide the following details: a. Time of notification b. Location of notification c. Name of person notified d. All members of the service present e. Any other pertinent information. Enter details of notification in Telephone Record. 19. 20. 21. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-53 REVISION NUMBER: PAGE: 09/27/13 3 of 4 WHEN IT IS DETERMINED THAT A POSSIBLE CRIMINAL INVESTIGATION WILL COMMENCE INTERNAL AFFAIRS BUREAU, DUTY CAPTAIN 22. 23. Respond and assess the circumstances. Confer with the commanding officer/duty captain/shooting team leader. PATROL SERVICES BUREAU DUTY CHIEF 24. 25. Respond to scene and assume command. Confer with duty inspector/commanding officer/duty captain/shooting team leader, and Internal Affairs Bureau Duty Captain to determine if a criminal investigation against a member of the service is warranted. Assume responsibility for the non-criminal investigation when: a. Person dies in custody. b. Person sustains any injury resulting from police firearms discharge. c. Person sustains a serious injury in connection with a police activity. 26. IF CRIMINAL INVESTIGATION AGAINST A MEMBER IS REQUIRED PATROL SERVICES BUREAU DUTY CHIEF ADDITIONAL DATA 27. 28. Confer with the Chief of Detectives and Chief of Internal Affairs, as appropriate. Coordinate the activities of the Detective Bureau and Internal Affairs Bureau personnel. DEPARTMENT POLICY When a criminal investigation against a member is required, the Internal Affairs Bureau will be responsible for the investigation. When it is determined that the Internal Affairs Bureau will conduct the investigation, the local detectives will provide assistance (e.g., canvass interviews, etc.), as necessary. Conversely, when it is determined that Detective Bureau personnel will conduct the investigation, the Internal Affairs Bureau will provide assistance as requested by the Detective Bureau. The patrol borough Investigations Unit will also participate in these investigations, where warranted. When, in the course of an investigation, (i.e., investigate DOA), a member of the Detective Bureau becomes aware that a death or serious injury was or may have been in connection with a police action, the precinct commanding officer/duty captain and the Internal Affairs Bureau will be immediately notified. In those cases where no criminal investigation by the Internal Affairs Bureau is required the follow-up investigation, including interviews conducted under Patrol Guide 206-13, “Interrogation of Members of the Service” will be conducted by the borough commanding officer or designee. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-53 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/27/13 4 of 4 If at any time during the investigation, it becomes apparent that a criminal investigation is required, the Internal Affairs Bureau will be notified and will take over responsibility for the criminal investigation, including any additional interviews. Whenever a person dies while in police custody or sustains death or serious injury in connection with a police activity, or sustains death or injury resulting from a police firearms discharge, forward copy of Typed Letterhead to Deputy Commissioner, Strategic Initiatives. RELATED PROCEDURE Interrogation of Members of the Service (P.G. 206-13) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-54 PERSON THREATENING TO JUMP FROM STRUCTURE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To prevent persons from jumping from structures. PROCEDURE Upon arriving at a location where a person is threatening to jump from a structure: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. PATROL SUPERVISOR 6. 7. RELATED PROCEDURE Notify Communications Section and request patrol supervisor, Emergency Service and ambulance to respond. a. Request Harbor Unit to respond if person is over navigable waters. Attempt to persuade or prevent person from jumping. Seek assistance of person’s relatives, friends, and clergyman. Confine the person to side of the structure facing street, if possible. Rope off area below and prevent persons from entering area. Verify that Emergency Service Unit and ambulance are responding, if required. a. Cancel response of Emergency Service/ambulance if no longer required. Follow P.G. 216-05, “Mentally Ill or Emotionally Disturbed Persons,” where appropriate. Mentally Ill Or Emotionally Disturbed Persons (P.G. 216-05) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-55 INVESTIGATION OF AIDED CASES INVOLVING INJURIES RESULTING FROM ILLEGAL FIREWORKS DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 1 PURPOSE To prevent future injuries to the public and to ascertain the source of illegal fireworks. PROCEDURE Upon responding to, or otherwise becoming aware of, an incident involving a physical injury to an individual as a result of the intentional or accidental detonation of illegal fireworks: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. Render reasonable aid to injured person. Request response of ambulance, if necessary. Request response of patrol supervisor and precinct detective squad. Notify desk officer, precinct of occurrence, of incident. Issue summons or effect arrest if fireworks were illegally possessed. Prepare COMPLAINT REPORT (PD313-152). a. Under caption “Offense,” enter “Investigate Aided-Fireworks Injury,” if applicable. Prepare AIDED REPORT WORKSHEET (PD304-152B), if applicable. PATROL SUPERVISOR 8. Review action taken and ascertain that precinct detective squad has been notified to respond, if not present at scene. PRECINCT DETECTIVE SQUAD MEMBER 9. 10. Investigate circumstances of injury to determine source of illegal fireworks. Notify Intelligence Bureau and Narcotics Division member of results of investigation. NOTE In addition, precinct detective squad members will notify the Organized Crime Control Bureau, Field Operations Desk (FOD) twenty-four hours a day, seven days a week regarding all ongoing firework related investigations. ADDITIONAL DATA In cases where the aided is less than eighteen years of age, it is incumbent upon the investigating member to determine the extent of adult involvement in the incident. When probable cause exists to establish a charge of Endangering the Welfare of Child, an arrest will be made. The Intelligence Bureau will maintain a data base containing all incidents involving a physical injury to an individual as a result of the detonation of illegal fireworks. The database will include all relevant information concerning the incident and the results of the investigation. The Commanding Officer, Intelligence Bureau, will review the results of each investigation and coordinate the distribution of intelligence obtained in the investigation. In addition, those cases requiring further investigation will be referred to the appropriate unit for follow-up investigation, as deemed necessary. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) AIDED REPORT WORKSHEET (PD304-152b) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-56 DIPLOMATIC INCIDENTS DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 2 PURPOSE To process incidents involving persons classified as “Diplomats.” DEFINITIONS DIPLOMATS - Members of foreign missions, delegations, embassies and legations to the United Nations or United States, and their families and staff. (Identification cards are signed by the United States Secretary of State and the Chief of Protocol). Consuls of foreign nations do not possess Department of State identification cards, but they are to be treated in the same manner as “Diplomats.” DIPLOMATIC IMMUNITY - Diplomats shall not be arrested or personally served with a summons. Uniformed members of the service will extend every courtesy and consideration to them. All reasonable assistance will be given to them. PROCEDURE Upon arriving at the scene of an incident where a “Diplomat” is involved: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Do not enter headquarters district of United Nations to perform official duty without consent of Secretary General. 2. 3. Take necessary action to protect life and property. Obtain name and title of diplomat and government he represents. Notify Operations Unit and Intelligence Bureau immediately by telephone that an incident involving a diplomat has occurred. The Operations Unit will verify diplomatic status when identification is in doubt. NOTE 4. OPERATIONS UNIT MEMBER 5. 6. Do not detain a diplomat who is properly identified or when doubtful identification has been verified by Operations Unit personnel. Request patrol supervisor to respond to scene. Telephone details of the incident to the desk officer. 7. 8. Notify detective squad or detective borough command, if required. Notify Police Commissioner and Chief of Department, if required. DESK OFFICER 9. UNIFORMED MEMBER OF THE SERVICE 10. 11. Notify: a. Precinct commander/duty captain. b. Patrol borough. c. Intelligence Bureau. d. Operations Unit - to provide additional details and/or confirm incident. Prepare required forms/reports. Make ACTIVITY LOG (PD112-145) entry. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-56 REVISION NUMBER: PAGE: 10/16/13 2 of 2 INTELLIGENCE BUREAU MEMBER 12. Transmit details of incident to: a. United States Mission to United Nations b. New York City Commission for the United Nations and Consular Corps c. United States Department of State d. Federal Bureau of Investigation. PATROL SUPERVISOR 13. 14. 15. 16. Investigate incident and interview witnesses. Determine if incident is of a serious or non-serious nature. Take immediate action as required by circumstances of incident. Report actions taken to precinct desk officer. NOTE The desk officer will notify the precinct commander/duty captain who will perform the duties of the patrol supervisor if the incident is of a serious nature. Incidents of a nonserious nature will be investigated by the patrol supervisor. 17. 18. 19. 20. Review actions already taken, conduct additional investigation as necessary. Telephone results of preliminary investigation to: a. Operations Unit b. Patrol borough office concerned c. Intelligence Bureau - indicate whether incident serious or non-serious. Prepare four copies of report concerning results of investigation on Typed Letterhead, when incident is of a serious nature, and forward to: a. Chief of Patrol - one copy DIRECT b. Intelligence Bureau - two copies DIRECT c. File last copy in precinct desk binder. Notify precinct commander/duty captain of actions taken, when incident is of a non-serious nature. PRECINCT COMMANDER/ DUTY CAPTAIN 21. Review actions taken by the patrol supervisor in non-serious incidents. INTELLIGENCE BUREAU MEMBER 22. Forward one copy of report, if appropriate, to: a. United States Mission to the United Nations b. New York City Commission for the United Nations and Consular Corps c. United States Department of State d. Federal Bureau of Investigation. DESK OFFICER 23. Review and process required reports/forms. Subsequent reports including final dispositions will be prepared and forwarded in the same manner as initial reports. ADDITIONAL DATA A parking summons placed upon a vehicle bearing “Diplomat” and “Consul” license plates for a safety hazard violation is NOT considered a diplomatic incident. RELATED PROCEDURES Parking Summons - General Procedure (P.G. 209-07) Unusual Occurrence Reports (P.G. 212-09) FORMS AND REPORTS ACTIVITY LOG (PD112-145) TYPED LETTERHEAD NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-57 SERVICE OF FAMILY COURT/SUPREME COURT ORDERS OF PROTECTION BY UNIFORMED MEMBERS OF THE SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 6 PURPOSE To effect the service of all orders of protection, and any associated papers, issued by Family Court or Supreme Court to the respondent, and to ensure proper entry of police service into the order of protection database. PROCEDURE When an order of protection issued by a Family Court or Supreme Court is to be served: UNIFORMED MEMBER OF THE SERVICE ASSIGNED TO FAMILY/ SUPREME COURT 1. 2. 3. 4. NOTE Obtain, on a daily basis, all orders of protection and any related papers from the Family Court or Supreme Court clerk. Review order of protection and associated papers to ensure that respondent’s address is provided, or petitioner’s address if order is to be served at petitioner’s residence. a. Any set of papers lacking an address will be returned to the Family Court or Supreme Court clerk. Separate orders of protection by patrol borough based on the respondent’s address. Prepare two copies of a letter of transmittal on Typed Letterhead for each patrol borough, as necessary, including: a. Respondent’s name b. Docket number c. Caption for final disposition. In addition to orders obtained from Family Court, members of the service assigned to Family Court will also be delivered orders from Supreme Court. These Supreme Court orders will be processed in the same manner as those from the Family Court. Orders from both Family Court and Supreme Court may be listed on the same letter of transmittal but should be separated by a single blank line. No more than ten orders of protection will be listed on each letter of transmittal. 5. Attach letter of transmittal to orders of protection, that have been separated by patrol borough, to be picked up by local patrol borough personnel. a. File photocopy of letter of transmittal. PATROL BOROUGH COORDINATOR WHEREIN FAMILY COURT LOCATED 6. Obtain all orders of protection and accompanying letters of transmittal on a daily basis. NOTE Messengers from Patrol Boroughs Manhattan North and Brooklyn South will pick up their borough’s orders of protection from the uniformed member of the service assigned to the local Family Court. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-57 PAGE: 08/01/13 PATROL BOROUGH COORDINATOR WHEREIN FAMILY COURT LOCATED (continued) 7. 8. 9. 10. 11. 12. NOTE REVISION NUMBER: 2 of 6 Forward via Department mail orders of protection to be served in other patrol boroughs. Verify all orders of protection listed on letter of transmittal have been received. Number each order of protection received by precinct and serial number beginning with the number one at the start of each year. (Example, the first order of protection in the 60th Precinct would be listed as 60-1). Prepare two copies of a letter of transmittal on Typed Letterhead captioned as in step 4 for each precinct where an order of protection is to be served. Attach STATEMENT OF PERSONAL SERVICE (PD260-152) and WARRANT OFFICER’S REPORT OF INVESTIGATION (PD374-1510) to each order of protection. Forward letter of transmittal and orders of protection to appropriate precinct(s). a. File photocopy of letter(s) of transmittal. A separate file of letters of transmittal will be maintained for each precinct within the patrol borough. DESK OFFICER 13. 14. Verify all orders of protection listed on letter of transmittal have been received. Make an entry in a log maintained at the desk and captioned across a double page as follows: LEFT PAGE Pct. Serial # Petitioner's Name Respondent's Name Docket # 1st Tour UMOS Assigned/Desk Officer Date & Time of Attempt(s) RIGHT PAGE 2nd Tour UMOS Assigned/ Desk Officer Date & Time of Attempt(s) (Through) --------> 6th Tour UMOS Assigned/ Desk Officer Date & Time of Attempt(s) Final Disposition Time/Date Entered In Database 15. Assign a uniformed member of the service to serve the order of protection. a. Indicate name under caption “1st TOUR UMOS.” UNIFORMED MEMBER OF THE SERVICE 16. Attempt to serve the order of protection. NOTE The order of protection may be served at any time seven days a week, twenty-four hours a day. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-57 REVISION NUMBER: PAGE: 08/01/13 3 of 6 IF ORDER OF PROTECTION IS SERVED UNIFORMED MEMBER OF THE SERVICE 17. 18. NOTE Prepare STATEMENT OF PERSONAL SERVICE and then photocopy. a. Examine and account for all documents served by insuring that appropriate box is checked. Deliver form to desk officer a. Forward photocopy to domestic violence prevention officer. When preparing STATEMENT OF PERSONAL SERVICE forms for orders issued by Supreme Court, strike out the heading reading “Family Court” and write in “Supreme Court”. IF UNABLE TO SERVE ORDER OF PROTECTION UNIFORMED MEMBER OF THE SERVICE 19. 20. 21. DESK OFFICER 22. NOTE Document each attempt on WARRANT OFFICER’S REPORT OF INVESTIGATION. Make an ACTIVITY LOG (PD112-145) entry of each attempt to serve the order of protection. Return the order of protection and related forms at end of tour to the desk officer. Repeat step 15. a. Indicate name under caption “2nd TOUR UMOS,” etc. Service of the order of protection must be attempted at least once on each tour for six consecutive tours. After the sixth tour the order of protection will be considered to be “Undeliverable.” Service of the order of protection will be initiated on the same tour that the order is received. DESK OFFICER 23. 24. 25. Enter into the log one of four final dispositions: a. Order of protection served. b. Undeliverable-respondent not known at address. c. Undeliverable-respondent’s new address located outside of command. d. Undeliverable-attempts completed on six consecutive tours. (1) Ensure that dates and times of attempted service are indicated in the log. Prepare STATEMENT OF PERSONAL SERVICE and write “NOT SERVED” on the top right hand corner of the form, if the order of protection was not served. a. Strike out the heading “Family Court” and write in “Supreme Court”, if the order was issued by a Supreme Court. Place “Undeliverable” orders of protection in log for precinct domestic violence prevention officer to forward. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-57 REVISION NUMBER: PAGE: 08/01/13 26. DOMESTIC VIOLENCE PREVENTION OFFICER 27. 28. NOTE 4 of 6 Coordinate all tasks relating to the service and recording of orders of protection including filing, forwarding, etc. Enter applicable information into the State Order of Protection Registry, via the FINEST system, upon receipt of each photocopy of a STATEMENT OF PERSONAL SERVICE. Enter the date and time entry into the registry was made under the appropriate caption in log. a. Place initials inside same caption. The Domestic Violence Unit will be responsible for ensuring that all Domestic Violence Prevention Officers are trained in the use of the NYSPIN/FINEST system in regard to the entry of service information. 29. 30. 31. 32. NOTE Check log containing orders of protection on a daily basis. a. Ensure that for every disposition indicating service was made a corresponding entry was made into the order of protection registry. Forward to the patrol borough coordinator any orders of protection and related forms, if investigation reveals that respondent resides outside of precinct. Maintain a file of letters of transmittal. Enter a final disposition on letters of transmittal as indicated in step 23. Every order of protection received must be assigned one of the four final dispositions. 33. 34. PATROL BOROUGH COORDINATOR 35. 36. Forward to the patrol borough coordinator: a. Original (white copy) of the completed STATEMENT OF PERSONAL SERVICE for all orders of protection. b. Original of completed WARRANT OFFICER’S REPORT OF INVESTIGATION for orders of protection that are “Undeliverable.” Attach to file copy of appropriate letter of transmittal: a. Second (blue copy) of STATEMENT OF PERSONAL SERVICE and b. Photocopy of WARRANT OFFICER’S REPORT OF INVESTIGATION, if applicable. Attach to the file copy of appropriate letter of transmittal, a photocopy of the STATEMENT OF PERSONAL SERVICE and the WARRANT OFFICER’S REPORT OF INVESTIGATION, if applicable. a. Ensure that a final disposition is indicated on letter of transmittal. Forward original (white copy) of STATEMENT OF PERSONAL SERVICE and/or WARRANT OFFICER’S REPORT OF INVESTIGATION to the uniformed member of the service assigned at the Family Court that issued the order of protection. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-57 REVISION NUMBER: PAGE: 08/01/13 5 of 6 NOTE If the originating Family Court is located outside the patrol borough, the STATEMENT OF PERSONAL SERVICE and/or WARRANT OFFICER’S REPORT OF INVESTIGATION will be returned via the patrol borough coordinator in which the Family Court is located. UNIFORMED MEMBER OF THE SERVICE ASSIGNED FAMILY COURT 37. 38. 39. ADDITIONAL DATA Indicate on original letter of transmittal a final disposition: a. Order of protection served b. Undeliverable-respondent not known at address c. Undeliverable-attempts completed on six consecutive tours. Forward STATEMENT OF PERSONAL SERVICE to Family Court or Supreme Court clerk. File WARRANT OFFICER’S REPORT OF INVESTIGATION. Each attempt made to serve the order of protection shall be documented on a WARRANT OFFICER’S REPORT OF INVESTIGATION and an ACTIVITY LOG entry shall be made. The respondent’s name shall be entered under the caption “Defendant Surname” and the docket number shall be entered under the caption “Docket/Indict #.” Service must be attempted at least once each tour for six consecutive tours, after which the order of protection may be considered undeliverable. The assigned uniformed member of the service will inquire of neighbors, superintendent, etc., as to respondent’s whereabouts. If respondent has moved, attempt to obtain the new address. If the new address is within the precinct, service of the order of protection will be attempted at the new location for an additional six consecutive tours. A new log entry will be required. If the new address is outside the precinct concerned, indicate this on the WARRANT OFFICER’S REPORT OF INVESTIGATION. The order of protection will be returned to the patrol borough coordinator for forwarding to the proper patrol borough. Although most of the Family Court or Supreme Court orders of protection will be delivered through the patrol borough coordinator, the petitioner may elect to personally seek police assistance in serving the order of protection. In that instance, the desk officer will inspect the “Order of Protection” log to determine if the order of protection has already been served. If it has not been served, a uniformed member of the service will provide assistance in serving the order and give the original (white copy) of the completed STATEMENT OF PERSONAL SERVICE to the petitioner. The petitioner will be instructed to deliver the form to the Family Court or Supreme Court clerk that issued the order of protection. The blue copy of the STATEMENT OF PERSONAL SERVICE will be delivered to the desk officer who will indicate in the log that the order of protection was served, and then forward the copy to the domestic violence prevention officer who will process it in accordance with the foregoing procedure. When an exclusionary Order of Protection has been served, uniformed members of the service may not assist respondents who wish to remove clothing/property (commonly known as “clothes jobs”), where an exclusionary Order of Protection exists which prohibits contact between the petitioner and respondent and/or excludes the respondent from being present at said location. Instead, the respondent should be advised to return to court to have the Order of Protection amended, so that he/she may remove clothing/personal property from the location, or, so that the items may be delivered to the respondent or a third party. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-57 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 6 RELATED PROCEDURES Arrests - Removal To Department Facility For Processing (P.G. 208-02) Family Offenses/Domestic Violence (P.G. 208-36) FORMS AND REPORTS ACTIVITY LOG (PD112-1450) STATEMENT OF PERSONAL SERVICE (PD260-152) WARRANT OFFICER’S REPORT OF INVESTIGATION (PD374-1510) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-58 FIRE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PURPOSE To protect life and property and assist the Fire Department. PROCEDURE Upon arriving at the scene of a fire: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. PAGE: 08/01/13 1 of 2 Send an alarm or make sure one has been sent. Park RMP car to prevent interference with fire fighting operation. Direct responsible person to remain in front of location to direct fire apparatus if fire is not in view. Warn and assist occupants in evacuation of building. Take other action required by situation. UPON ARRIVAL OF FIRE APPARATUS: UNIFORMED MEMBER OF THE SERVICE 6. Establish police lines beyond the fire apparatus and hydrants in use. a. Establish police lines behind the building beyond fire operations, if necessary. PATROL SUPERVISOR 7. Supervise members of the service. a. Notify desk officer if fire is suspicious and request detectives concerned. Immediately assign uniformed members of the service to direct and control responding emergency vehicles to allow free access to affected area. a. Ensure that fire hydrants remain accessible for use. 8. UNIFORMED MEMBER OF THE SERVICE 9. 10. Permit only the following persons or vehicles to enter fire lines: a. The Mayor b. Members of governmental agencies in performance of duty c. Employees of public service corporations in the performance of emergency duties d. Persons holding unexpired: (1) Working Press cards (2) Fire Line cards signed by the Fire Commissioner e. The Mayor’s car f. Police and Fire Department vehicles g. Ambulances h. Public service corporation vehicles for duty in connection with the fire i. City agency vehicles for duty in connection with the fire j. U.S. Mail vehicles k. Prison vans transporting prisoners. Record following information in ACTIVITY LOG (PD112-145): a. Time and date of fire b. Part of premises in which fire occurred c. Type of building and number of stories d. Address of building NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-58 PAGE: 08/01/13 e. f. g. h. UNIFORMED MEMBER OF THE SERVICE (continued) 11. DESK OFFICER 12. 13. FORMS AND REPORTS REVISION NUMBER: 2 of 2 Name and address of building owner Name and address of premises occupant Number of persons injured, if any Cause of fire, extent of damage, and any suspicion of arson (obtained from fire officer in charge) i. Any dangerous condition resulting from the fire. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) if the fire is suspicious. Notify Operations Unit and borough command if: a. Injury or death occurs b. Three alarms or more c. Unusual type of fire d. Cause of fire is suspicious e. Forced entry by Fire Department f. Relocation of tenants required. Review COMPLAINT REPORT if prepared. ACTIVITY LOG (PD112-145) COMPLAINT REPORT WORKSHEET (PD313-152A) COMPLAINT REPORT (PD313-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-59 VERTICAL PATROL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To prevent, detect and take necessary enforcement action regarding illegal activity occurring in lobbies, stairwells, basements and other common areas of multiple dwelling buildings that are not owned by the New York City Housing Authority. SCOPE Authorization for vertical patrol, the tactically planned patrol of the interior hallways, stairways and rooftops of multiple dwelling buildings is obtained through the Department’s Trespass Affidavit Program. Patrolling multiple dwelling buildings for criminal activity, including trespassing under the Trespass Affidavit Program, is a valuable problem solving tool, as well as an important component of the Department’s crime control strategy. PROCEDURE To conduct vertical patrol in a residential multiple dwelling building in the Department’s Trespass Affidavit Program: PLATOON COMMANDER/ PATROL SUPERVISOR/ ASSIGNED SUPERVISOR 1. NOTE A uniformed member of the service may approach and question persons if they have an objective credible reason to do so. However, a uniformed member may not stop (temporarily detain) a suspected trespasser unless the uniformed member reasonably suspects that the person is in the building without authorization. 2. 3. Assign teams of two or more uniformed members of the service to conduct vertical patrol at designated times and locations. a. Schedule vertical patrols based on times when illegal activities are prevalent b. Ensure TRESPASS CRIMES – OWNER’S AFFIDAVIT(S) (PD651-051) or New York County District Attorney’s supporting affidavits, as appropriate, are current for scheduled locations c. Ensure all vertical patrols are conducted in a satisfactory manner with special attention to: (1) Enforcement action, including proper tactics (2) Radio transmissions (3) Proper documentation (e.g., ACTIVITY LOG [PD112145] entries, STOP, QUESTION AND FRISK REPORT WORKSHEETS [PD344-151A], etc.). Instruct uniformed members performing vertical patrol that, absent exigent circumstances, teams of two or more uniformed members must remain together at all times. Consider the appropriate number of teams necessary to perform a particular vertical patrol. a. The number of uniformed members that are required to conduct a particular vertical patrol assignment should be based on the size of the building, the number and location of exits, and the nature of the crimes being addressed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-59 UNIFORMED MEMBER OF THE SERVICE REVISION NUMBER: PAGE: 08/01/13 4. 5. 6. 7. 8. 9. 10. 11. 12. 2 of 3 Respond to location at designated time and coordinate activities with other assigned uniformed members. Notify Communications Section radio dispatcher utilizing radio code signal 10-75V, and make ACTIVITY LOG entry of the time and street address upon entering the building. Inspect front, rear and other exterior doors, and interior of lobby. Document in ACTIVITY LOG that signs stating, “No Trespassing, Tenants and their Guests Only,” are prominently displayed and legible. a. Signs should be prominently displayed in areas where persons entering the building can readily observe them (e.g., vestibule entrance, vestibule, above the elevator, courtyard, roof, etc.). Proceed to top floor of building by elevator, if operable, and conduct inspection of roof, roof landing, elevator rooms, and any other installations. Patrol each floor, staircase and hallway within the building from the top floor to the ground floor. Inspect all accessible basement areas. Be alert for persons who may be engaged in criminal activity, including potential trespassers, and upon encountering such persons: a. Approach the person(s) and ask: (1) If he or she lives in the building (2) If he or she is visiting someone in the building (3) If he or she has business in the building. b. Take reasonable measures to verify a person’s authority to be present in the building when such authority is in question (e.g., asking for identification, keys to the building entrance doors, etc.). c. When a person refuses to explain or is unable to explain his/her presence in the building, the uniformed member may instruct the person that he or she must leave the building or be subject to arrest for trespass. The uniformed member may then arrest the person for trespass if: (1) The person refuses to exit the building and does not promptly establish a right to be in the building. d. When reasonable suspicion develops that a person has committed, is committing or is about to commit a felony or a Penal Law misdemeanor, take appropriate police action as per P.G. 212-11, “Stop and Frisk” e. If probable cause develops that a person has committed or is committing an offense or crime, take appropriate police action as per P.G. 208-01, “Law of Arrest” f. When a trespass arrest is made, prepare TRESPASS CRIMES – FACT SHEET (PD351-144) g. Copies of the TRESPASS CRIMES – FACT SHEET and TRESPASS CRIMES – OWNER’S AFFIDAVIT or New York County District Attorney’s supporting affidavit, as appropriate, for the building must be included in arrest package. Notify Communications Section radio dispatcher upon exiting building and make ACTIVITY LOG entry indicating time building inspection was completed and any conditions noted. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-59 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 The “TRESPASS CRIMES – OWNER’S AFFIDAVIT (PD651-051),” will be utilized for Department Trespass Affidavit Program buildings in the Bronx, Brooklyn, Staten Island and Queens. The New York County District Attorney’s Office manages a Trespass Affidavit Program in Manhattan and utilizes its own supporting affidavits. The “TRESPASS CRIMES – FACT SHEET (PD351-144),” will be prepared in every instance, including Manhattan, where a uniformed member of the service effects a trespass arrest in a building participating in a Trespass Affidavit Program. A uniformed member of the service may not stop (temporarily detain) a suspected trespasser unless the uniformed member reasonably suspects that the person is in the building without authority. When reasonable suspicion exists, a STOP, QUESTION AND FRISK REPORT WORKSHEET shall be prepared as per P.G. 212-11, “Stop and Frisk.” Some factors which may contribute to “reasonable suspicion” that a person is trespassing, in addition to those factors set forth in P.G. 212-11, “Stop and Frisk,” are contradictory assertions made to justify presence in the building and/or assertions lacking credibility made to justify presence in the building. A uniformed member of the service may arrest a person for trespass when he or she has probable cause to believe the person is not a resident, is not the invited guest of a resident, and is not otherwise authorized to be in the building. Refusal to answer a uniformed member’s questions alone will not reach the level of “probable cause.” RELATED PROCEDURES Law of Arrest (P.G. 208-01) Stop and Frisk (P.G. 212-11) Trespass Affidavit Program (Interim Order 23, series 2012) FORMS AND REPORTS ACTIVITY LOG (PD112-145) STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) TRESPASS CRIMES – OWNER’S AFFIDAVIT (PD651-051) TRESPASS CRIMES – FACT SHEET (PD351-144) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-60 INTERIOR VERTICAL PATROL OF HOUSING AUTHORITY BUILDINGS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To assist the Housing Authority in enforcing its rules, limiting criminal activity, providing a safe and secure environment and ensuring the habitability of its residential buildings for Housing Authority residents and their guests by performing interior vertical patrols. PROCEDURE Uniformed members of the service shall frequently inspect the interior of Housing Authority buildings on assigned posts as follows: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. VIPER UNIT MEMBER 4. UNIFORMED MEMBER OF THE SERVICE 5. 6. 7. 8. 9. 10. 11. 12. Notify Communications Section, utilizing radio code 10-75V, and make ACTIVITY LOG (PD112-145) entry of the time and street address upon entering the building. Notify Video Interactive Patrol Enhanced Response (VIPER) unit by radio, if VIPER cameras present. Advise uniformed member of conditions that: a. Require attention b. Significantly affect safety. Provide ongoing assistance to uniformed member of the service performing vertical patrol. Inspect front, rear and other exterior doors, mailboxes and the interior of the lobby. Inspect elevators and ascertain if they are operable. a. Notify Housing Authority Emergency Service Department maintenance personnel of inoperable elevators. Proceed to top floor of building by elevator, if operable, otherwise by using the stairs. a. Use staircase to gain access to the roof of the building. Conduct inspection of roof, roof landing, elevator rooms, and any other installations. Patrol each floor, staircase and hallway within the building from the top floor to the ground floor. Inspect elevator doors on each floor, taking immediate action when necessary. a. Notify Housing Authority Emergency Service Department or NYPD Emergency Service Unit personnel immediately and remain at scene and secure location until unsafe condition has been corrected if: (1) Elevator door glass is missing (2) Outer elevator door opens when elevator is not present (3) Any other dangerous condition concerning elevators exists. Inspect all accessible basement areas. Be alert for persons who may be violating Housing Authority rules and regulations, including potentially unauthorized persons within NYCHA property, and upon encountering such persons: a. Approach the person(s) and ask: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-60 PAGE: 08/01/13 (1) (2) (3) UNIFORMED MEMBER OF THE SERVICE (continued) NOTE REVISION NUMBER: 2 of 3 If he or she lives in the building If he or she is visiting someone in the building If he or she has business in the building. When a person’s authority to be present in the building is in question, take reasonable measures to verify such authority (e.g., asking for identification, a key to the building entrance doors, etc.). b. 13. 14. 15. If a person is found to be violating a Housing Authority rule or regulation, take appropriate police action pursuant to P.G. 207-29, “Field Reports,” unless criminal enforcement is appropriate. c. If a person refuses to explain or is unable to explain his or her presence in the building, the officer may instruct the person that he or she must leave the building or be subject to arrest for trespass. The officer may then arrest the person for trespass if: (1) The person refuses to exit the building and does not promptly establish a right to be in the building. d. If reasonable suspicion develops that a person has committed, is committing or is about to commit a felony or Penal Law misdemeanor, take appropriate police action pursuant to P.G. 212-11, “Stop and Frisk.” e. If probable cause develops that a person has committed or is committing an offense or crime, take appropriate police action pursuant to P.G. 208-01, “Law of Arrest.” Notify Communications Section upon exiting building and make ACTIVITY LOG entry indicating time building inspection was completed and any condition noted. a. Prepare FIELD REPORT (PD313-1511), STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) or COMPLAINT REPORT (PD313-152), if necessary. Alternate between outside area patrol and interior vertical patrol of Housing Authority grounds and buildings, unless otherwise directed. Inspect each building on assigned post. 16. Comply with above requirements, if not on an assignment, when available to perform interior patrol. PSA/PRECINCT 17. COMMANDING 18. OFFICER Review available sources and identify buildings which are in need of increased interior vertical patrols. Assign and direct members to perform patrols at directed locations. MEMBERS ASSIGNED TO RMP DUTIES NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-60 REVISION NUMBER: PAGE: 08/01/13 3 of 3 PLATOON COMMANDER/ PATROL SUPERVISOR/ ASSIGNED SUPERVISOR 19. NOTE During the course of conducting directed vertical patrols, officers shall be instructed that, absent exigent circumstances, two or more uniformed members of the service must remain together. 20. Assign at least two uniformed members of the service to conduct directed vertical patrols. Ensure all vertical patrols are performed in a satisfactory manner with specific attention to: a. Effectiveness of patrols, including proper tactics b. Radio transmissions c. Proper documentation (e.g., ACTIVITY LOG entries, FIELD REPORTS, STOP, QUESTION AND FRISK REPORT WORKSHEETS, etc.). RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Field Reports (P.G. 207-29) Law of Arrest (P.G. 208-01) Stop and Frisk (P.G. 212-11) Vertical Patrol (P.G. 212-59) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) FIELD REPORT (PD313-1511) STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-61 BURGLARY/ROBBERY APPREHENSION MODULE DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 4 PURPOSE To reduce the occurrence of burglaries/robberies by identifying and apprehending those individuals committing burglaries/robberies. SCOPE The Precinct Detective Squad/Burglary/Robbery Apprehension Module (PDS/BRAM) will maintain a dedicated focus on burglary/robbery investigations and shall be under the direct organizational control and supervision of the Precinct Detective Squad Commander. PROCEDURE When a uniformed member of the service receives a complaint of a burglary or robbery: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. NOTE Uniformed member of the service assigned will make notification to the Borough/Bureau Evidence Collection Team (E.C.T.) to respond to all burglary incidents, including situations where an arrest is made at the scene. The member assigned will enter the notification into the COMPLAINT REPORT WORKSHEET (PD313-152A). 6. NOTE Determine whether a burglary or robbery in fact has been committed by conducting preliminary investigation. Broadcast description of perpetrators if available and appropriate, and conduct search for suspects, if appropriate. Safeguard evidence and when necessary, follow crime scene procedures as per P.G. 212-04, “Crime Scene.” Interview complainant and initiate investigation. a. If perpetrator(s) can be identified, transport complainant to station house to view photos. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) for robbery. a. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) for burglary if Burglary Apprehension Team member is not working. b. Comply with P.G. 207-01, “Complaint Reporting System”. Make notification to Precinct Detective Squad who will immediately notify the designated PDS/BRAM investigator, when available. a. Provide all available information necessary to continue investigation. b. Notify Detective Borough Night Watch if PDS/BRAM office is closed (0100-0800 hours). Copies of robbery/burglary complaints recorded on COMPLAINT REPORTS (PD313152) in the precinct on late tours will be picked up at 0800 hours by a PDS/BRAM member. DESK OFFICER 7. 8. 9. Review and finalize (i.e., sign-off) in the OLCS the completed COMPLAINT REPORT. Have a copy of COMPLAINT REPORT forwarded to the Precinct Detective Squad/BRAM. Ensure that additional copies of COMPLAINT REPORT are sent to other units/agencies, as required. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-61 REVISION NUMBER: PAGE: 10/16/13 2 of 4 NOTE Pattern identification is crucial to a burglary strategy. As part of this strategy, the Detective Bureau will establish burglary patterns in the same manner used to deal with robbery patterns. Where two or more incidents have common traits the Precinct Detective Squad Commander will establish a pattern. Items that should be considered in order to declare a pattern are: similar methods of entry, items stolen, proximity of crimes to each other, time/day of occurrence as well as any other distinguishable common characteristics. The Precinct Detective Squad, in which a pattern has been established, will have the primary responsibility in compiling a pattern folder and documenting their investigative steps to apprehend the perpetrator unless the pattern crosses precinct boundary lines. All information must be disseminated to members of the service in the local and surrounding precincts, detective squads and O.C.C.B. units. The Borough Robbery Squad will assume responsibility for investigation of patterns affecting more than one precinct. The Patrol Borough Commander will oversee the coordination of the plan to address the pattern between Patrol Services, Detective Bureau (detective squad, warrants, gang unit etc.), O.C.C.B. and Intelligence Bureau personnel. PDS/BRAM INVESTIGATOR 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Review burglary and robbery complaint reports and assist in identifying any Burglary/Robbery patterns or trends that may arise. Confer with the Precinct Field Intelligence Officer, when assigned, prior to and following the issuance of a pattern. Compile a pattern case folder for all identified patterns, documenting all investigative steps taken. Maintain photo books in accordance with established Legal Bureau guidelines, containing pictures of persons previously arrested for burglary and related crimes. Confer with precinct and borough patrol and investigative units and disseminate all information regarding burglary and robbery trends, patterns and wanted perpetrators. Update and maintain the Precinct Crime Information Center with active INVESTIGATION CARD (PD373-163), Field Information posters, serial burglar lists and photos. Conduct an investigation when the subject of a “Home Visit” cannot be located by the Precinct Burglary Apprehension Team (BAT). Cultivate and maintain sources of information within command (e.g., confidential informants, building superintendents, landlords, block watchers, etc). Debrief all suspects arrested for crimes of burglary/robbery. Seek to: a. Identify accomplices b. Identify fencing locations c. Identify other victims. Be responsible for reviewing the list of persons selling items to pawnshops or secondhand dealers. a. Conduct appropriate investigation, i.e. INVESTIGATION CARD check, warrant investigation, criminal record check. Assist the Burglary Apprehension Team with “Fencing Sting Operations.” Take major case prints for every person arrested for the crime of burglary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-61 PDS/BRAM SUPERVISOR PAGE: 10/16/13 22. 23. 24. 25. 26. 27. ADDITIONAL DATA REVISION NUMBER: 3 of 4 Be responsible for the review of all burglary/robbery complaints received at the office to determine case status. Review all COMPLAINT REPORTS (PD313-152), COMPLAINT FOLLOW-UPS (PD313-081) and COMPLAINT FOLLOW-UP INFORMATIONALS (PD313-081B) prepared to determine whether the cases should remain ACTIVE or CLOSED, and to ensure that all necessary investigative steps have been taken. Assign robbery and burglary cases amongst all detectives in the unit. Ensure the crime information centers are updated accordingly. Ensure pawnshop/secondhand dealer inspections are properly investigated. Verify major case prints are taken for every person arrested for burglary. Assignment to a Precinct Detective Squad/Burglary Robbery Apprehension Module (PDS/BRAM) will be viewed solely as a Detective Bureau assignment, and not as an “investigative assignment” available to police officers under the “Police Officers Career Program.” Precinct Detective Squad/Burglary Robbery Apprehension Module (PDS/BRAM) team members will be assigned to the Detective Duty Chart. The squad commander, however, will have sufficient flexibility to modify scheduled tours to accommodate the needs of the command and/or for particular investigations. Key elements which contribute to the success of the BRAM program: a. The creation of a specialized BRAM unit within every Precinct Detective Squad. These units are commanded by, and are accountable to, a Precinct Detective Squad Commander who is responsible for the investigation of all robbery/burglary complaints committed within that precinct (unless another unit has responsibility as per Department directives, e.g., Internal Affairs Bureau - Police Impersonation Investigation Unit). b. The allocation of Precinct Detective Squad personnel to the BRAM unit, commensurate with the number of reported burglary/robbery cases. Precinct Detective Squad Commanders will determine the exact complement of personnel (supervisors/detectives), in concurrence with the respective Detective Borough Commanding Officer. c. One member of each PDS/BRAM will be designated as liaison with the Borough Robbery Squad and the Intelligence Bureau for the purpose of identifying emerging patterns and suspects. The Pattern Identification Module will be responsible for identifying, tracking and disseminating information between the precincts and boroughs affected and creating the pattern sheet upon conferral with both the Precinct Squad Commanders and Precinct Commanders involved. d. Detective Bureau must notify the appropriate Patrol Borough Pattern Identification Module when a pattern is established and provide all relevant details. Patrol Borough Pattern Identification Modules will notify the appropriate Detective Bureau on all alerts. Detective Bureau will prepare an apprehension plan on all patterns and submit it to the Chief of Detectives and forward a copy to the appropriate Patrol Borough Commander. e. The development and utilization of precinct Photo Books that contain photographs of persons previously arrested for burglary, robbery and grand larceny from the person, as well as all other photographable offenses within the same geographical area. Each PDS/BRAM must regularly review the precinct’s arrest records and NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-61 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 10/16/13 f. g. 4 of 4 obtain all such prisoner photographs, including photos listing parolees with robbery/burglary convictions. Uniformed members of the service on patrol are required to bring victims of robberies to the precinct in order to view the Photo Books. An innovative Case Management System which ensures prompt, thorough and flexible investigation of burglary/robbery complaints. Every burglary/ robbery complaint, after assignment of a precinct complaint number, will be reviewed and signed-off in the OLCS by the desk officer. Desk officers will closely scrutinize robbery complaints to ensure that procedures were properly followed. An additional copy of the COMPLAINT REPORT (PD313-152) will be forwarded to the Precinct Detective Squad. A thorough investigation will be conducted on all burglary/ robbery cases and the case status (open or closed) will be determined by the PDS/BRAM supervisor. If a uniformed member of the service apprehends a person wanted by the Precinct Detective Squad, as a result of a photograph placed on the Crime Identification Center’s bulletin board, the uniformed officer will deliver the prisoner to any member of that detective unit performing duty at the time of the apprehension. The detective, who assumes responsibility for the prisoner, is required to take all of the follow-up steps, including arranging for and conducting a lineup, as per Patrol Guide 208-24, “Identification Lineups/Showups,” booking and arraigning the prisoner. A uniformed member of the service who apprehends two PDS/BRAM wanted persons may be recommended for Departmental recognition in the appropriate grade by the Precinct Commanding Officer. (If after the first arrest the individual apprehended is of significant value, Departmental Recognition may be recommended). RELATED PROCEDURES Departmental Recognition (P.G. 205-39) Complaint Reporting System (P.G. 207-01) Identification Lineups/Showups (P.G. 208-24) Crime Scene (P.G. 212-04) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081B) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) INVESTIGATION CARD (PD373-163) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-62 COMMUNITY POLICING UNIT GENERAL GUIDELINES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 GOAL In order to achieve the objectives of community policing, members assigned to the community policing unit are committed to the following goals: a. Involving the community in identifying its own public safety concerns and eliciting input in setting the Department’s priorities for addressing same. b. Increasing community participation in policing activities and community based public safety programs. c. Exchanging information with the community on a regular basis. d. Using a problem solving approach to develop strategies for police operations that respond to specific community problems, including non-traditional tactics and strategies. e. Coordinating strategies for addressing community problems with other agencies and private organizations. NOTE While members assigned to precinct community policing units are specifically charged with the furtherance of the above goals, it should be recognized that ALL members of the service are expected to perform duty in a manner that accomplishes these goals. DEFINITIONS BEAT - Geographic area of responsibility to which a beat officer is assigned. BEAT BOOK - Ongoing profile of beat area maintained at the community policing unit office. OFF-PATROL TIME - Scheduled or unscheduled time not spent performing visible foot patrol. COMMUNITY POLICING UNIT DIARY - Maintained at the community policing unit office and used to record excusals, court appearances, and scheduled “off-patrol” time. VEHICLE UTILIZATION LOG - Maintained at the community policing unit office. For this purpose, an adapted UNMARKED VEHICLE UTILIZATION LOG (PD571-1413) will be utilized for each Department RMP and twelve passenger Department van assigned to the unit. ROLL CALL CLERK 1. 2. 3. 4. A weekly ADMINISTRATIVE ROLL CALL with scheduled activities (i.e., meetings, special projects, etc.,) noted, will be submitted to the precinct roll call office in a timely fashion for inclusion on the precinct ARCS roll call. Scheduled activities will be carried on the precinct roll call as “post - changes.” Precinct roll call personnel will maintain conformity within ARCS by ensuring the Employee Master File (AR02) and Assignment Master File (AR10) reflect all community policing assignments. One copy of the ADMINISTRATIVE ROLL CALL, with any changes noted, will be supplied to the precinct roll call office on a daily basis. After changes have been made to the ARCS roll call or Roll Call Adjustment Sheet, the ADMINISTRATIVE ROLL CALL is to be delivered to the desk and placed chronologically into a suitable binder for reference and inspection. All changes to the ADMINISTRATIVE ROLL CALL require the approval of the Special Operations Lieutenant. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-62 REVISION NUMBER: PAGE: 08/01/13 2 of 3 ROLL CALL CLERK (continued) 5. 6. Community policing unit members will, when practical, attend precinct roll call. Community policing unit officers and sergeants will be assigned a fair share of “out of precinct” details, consistent with other precinct specialized unit members. WORKING CHART 1. Community policing units are seven day a week operations, as consistent with identified precinct conditions and community needs. Community policing unit officers will work a miscellaneous chart, working eight hour and thirty-five minute tours. Community policing unit members will have flexible tours, on a daily basis, and consistent with strategies developed to address identified conditions on the beat. The submitted ADMINISTRATIVE ROLL CALL is considered to be a working chart. Weekly work schedule is subject to the approval of the special operations lieutenant. Community policing officers and sergeants will have regular days off which can only be changed as a result of a chart change (permanent change of regular day off [RDO]). Community policing unit sergeants will work a miscellaneous chart, working eight hour and fifty-seven minute tours. Community policing unit sergeants will have flexible tours, on a daily basis, as approved by the special operations lieutenant. Such tours should maximize supervision of unit members by the community policing sergeant. 2. 3. 4. 5. 6. 7. 8. NOTE Vacation selections for members assigned to community policing unit will be made as a separate squad within the precinct structure. They are not to be exempt from excusal ratios (see A.G. 304-06, “Ranking Officers Vacation,” and P.G. 203-19, “Vacation Policy.”). DEPARTMENT VEHICLES 1. SCOOTER UTILIZATION - The primary patrol function of the community policing unit officer is the performance of visible foot patrol in a specified beat area. It is recognized that both the topographic and geographic factors present in many of our commands would make, at times, the use of scooters desirable as a means of facilitating an officer’s assignment. Accordingly, Department scooters are authorized for use within the following parameters: a. Scooters will be used only when deemed necessary and approved by an immediate supervisor. b. Scooters will not be routinely assigned but will be used on an “as needed” basis only. c. Scooters may be utilized only by those uniformed members who are qualified Department scooter operators (see A.G.320-16, “Driver Training”). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-62 REVISION NUMBER: PAGE: 08/01/13 DEPARTMENT VEHICLES (continued) 2. RELATED PROCEDURES Vacation Policy (P.G. 203-19) Community Policing Duties And Responsibilities (P.G. 212-63) Ranking Officers Vacation (A.G. 304-06) Driver Training (A.G. 320-16) FORMS AND REPORTS UNMARKED VEHICLE UTILIZATION LOG (PD571-1413) 3 of 3 VAN UTILIZATION - Twelve passenger Department vans are assigned to precinct community policing units to enable members to perform special projects and accomplish other duties as directed by unit supervisors. They are also utilized to facilitate supervision of unit members by the community policing sergeant. Accordingly, the following guidelines will be adhered to: a. Vans will not be used for routine patrol or other non-related duties (i.e., sector duty, property transport, etc.). b. In the event of an extreme emergency, the commanding officer may authorize the use of the van for other than prescribed reasons. In such cases, a detailed entry will be made in the Command Log, including purpose, member assigned, and the identity of the authorizing commander. c. The van will not be used for transport of more than two prisoners, unless extreme exigent circumstances exist. d. Vans may be utilized only by uniformed members who are Department qualified twelve passenger van operators (see A.G. 320-16, “Driver Training”). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-63 COMMUNITY POLICING DUTIES AND RESPONSIBILITIES DATE ISSUED: 08/01/13 1. PRECINCT COMMANDING 2. OFFICER 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 6 Inspect Beat Books periodically. Regularly confer with community leaders, residents, and business persons to ensure viability of community policing effort at the command. Ensure that community policing unit members are not routinely utilized as backfill for other precinct assignments. Ensure that Department vehicles assigned to the precinct community policing unit are utilized in accordance with specified Department guidelines. Ensure that Department mandates, as they relate to community policing, are carried out. Ensure that utilization of community policing unit personnel is in accordance with specified guidelines. Obtain approval for all requests for community policing programmatic overtime, through channels, from the Resource Management Section, Patrol Services Bureau. Supervise and evaluate performance of all members assigned to the community policing unit. Ensure that community policing officers and sergeants are assigned to out of precinct detail assignments commensurate with the number performed by other specialized precinct units and personnel. Ensure that community policing officers periodically stand roll call with the outgoing platoon, when practical, and as not to interfere with ongoing programs and operations. Act as chairperson for Precinct Management Team (PMT) meetings. Prepare monthly evaluation report and submit, through channels. a. Include observations as to the unit’s effectiveness, impact on precinct’s overall efforts, information that cannot be quantified numerically (i.e., inter-agency actions that improves conditions), and current training needs. Ensure that community policing sergeants are assigned a number of precinct communications consistent with other precinct supervisors. Include the community policing unit in the precinct self-inspection procedures. Review integrity control officer’s self-inspection reports. Forward a copy of self-inspection report to the Commanding Officer, Borough Investigations Unit for review and comment. Cause a CENTRAL PERSONNEL INDEX BACKGROUND REQUEST (PD449-160) to be made for ALL members prior to assignment to the community policing unit. Maintain supervisory level of approximately one sergeant to ten police officers. Exempt community policing sergeants from “desk and/or patrol” coverage. Do not utilize community beat officers as backfill for sector manning needs, except as follows: a. Major holidays (Christmas, Thanksgiving, etc.) b. Major emergencies. (Minimum manning does not necessarily constitute an emergency). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-63 2. 3. 4. 5. 6. 7. 8. 9. 10. SPECIAL OPERATIONS LIEUTENANT PAGE: 08/01/13 1. INTEGRITY CONTROL OFFICER REVISION NUMBER: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 2 of 6 Be thoroughly familiar with the efforts and programs of the community policing unit. Inspect, sign, and evaluate the ACTIVITY LOG (PD112-145) of all community policing unit sergeants quarterly. Visit community policing officers and sign their ACTIVITY LOG at least once a month. Conduct random, confidential observations of community policing officer’s activity. Randomly follow up on crime prevention surveys to prevent improper referrals. Monitor return roll call of community policing unit members. Randomly attend meetings scheduled by community policing unit members. Verify that utilization of Department vehicles assigned to the precinct community policing unit is within Department guidelines by certifying the Vehicle Utilization Log once a month. Conduct at least one conferral per beat each month with either a resident or business person. Record results on CPO EVALUATION WORKSHEET (PD351-140H). Conduct self-inspections quarterly. Become thoroughly familiar with the operations and administration of the community policing unit. Supervise sergeants assigned to the community policing unit. Monitor field performance of personnel assigned to community policing unit, and personally observe precinct conditions. Ensure tours of duty performed by community policing sergeants maximize supervision of unit members. Inspect records and logs of community policing unit and personnel. Inspect and sign Beat Books monthly. Ensure collaborative effort between community policing unit and other specialized units in the precinct. Confer with platoon commanders to ensure coordination of effort among all precinct members. Inspect and sign ACTIVITY LOGS of sergeants assigned to the community policing unit once a month. Review, for approval, work schedules for all community policing unit members. a. Approve all tour changes on weekly administrative roll call. Ensure that all members of the community policing unit receive required Department training. Attend precinct community council, community board, and similar meetings, as directed by the commanding officer. Be cognizant of community crime trends and quality of life conditions, allocating resources to address these concerns. Attend Precinct Management Team (PMT) meetings. Monitor field training function at the command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-63 COMMUNITY POLICING UNIT SERGEANT REVISION NUMBER: PAGE: 08/01/13 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. DATE 12. 13. 14. 15. 16. 17. 18. SERIAL # 19. 20. 3 of 6 Conduct daily roll call of community policing officers. Coordinate the activities of community policing officers with the other members of the command. Prepare work schedules for subordinates, based on strategies to address identified beat conditions. Assist officers with their activities involving other Department units and governmental agencies. Supervise officers in the performance of their duties. Supervise the crime analysis and beat planning activities of community policing officers, and maintain unit records. Confer with precinct field training sergeants to determine deployment of probationary police officers to beat areas. Evaluate the performance of community policing officers, under the supervision of the precinct commanding officer, in a manner that is reflective of the duties performed by the officers. Inspect Beat Books during the third week of each month. Attend Precinct Management Team (PMT) meetings. Monitor level of unit’s effectiveness by conducting conferrals with community residents or business persons. (Two contacts per month for each beat officer actually assigned under the sergeant’s direct supervision). a. Maintain a file system to record results of interviews, captioned to include: BEAT #/OFFICER NAME/BUSINESS ADDRESS REMARKS NAME OF SUPV. CONDUCTING INTERVIEW Meet with all primary community leaders listed in each police officer’s Beat Book. Regularly attend community meetings, as appropriate. Ensure that all scheduled “off-patrol” meetings are entered in the community policing unit diary and administrative roll call, for inclusion on the precinct Automated Roll Call System (ARCS) roll call as “post changes.” Verify “off-patrol” time entered in the unit diary. Maintain a master file of all active community groups/persons at the unit office. Pursuant to training by the Community Affairs/Crime Prevention Section, randomly accompany subordinate officers on several surveys to ensure that the officer is capable of performing routine residential surveys. Upon receipt of the residential survey, a serial number, beginning with the number one (001) for the first survey of the year, shall be assigned, and information recorded chronologically in a Department Record Book, captioned as follows: DATE CONDUCTED OWNER/OCCUPANT ADDRESS DATE DELIVERED REMARKS ASSIGNED OFFICER/BEAT a. Forward surveys to crime prevention officer for review and approval. Upon receipt of the approved survey, have one copy made to be maintained in a secure file. a. The original will be hand delivered to the resident. Verify entries in the vehicle utilization log. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-63 COMMUNITY POLICING UNIT SERGEANT (continued) REVISION NUMBER: PAGE: 08/01/13 21. 22. 23. 24. 25. 26. COMMUNITY 1. BEAT OFFICER 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 4 of 6 Ensure that unit telephone answering machines are functioning and engaged at all times. The recorded announcement will be a proper, businesslike message. Report to the desk officer for entry in the Interrupted Patrol Log upon entering and leaving the stationhouse. Periodically perform unannounced tours, as appropriate, in order to determine the level of performance of unit members. Be responsible for the supervision and evaluation of the police cadets assigned to their respective units. Perform duty in uniform. Perform other duties as directed by the precinct commanding officer. Patrol the beat area in a manner which strengthens the lines of communication with the area residents, as well as preventing crime and delinquency. Regularly confer with residents and business persons within the beat area to determine the nature and extent of crime and order maintenance problems of concern to the community. With the assistance of the precinct crime analyst, conduct crime analysis studies of beat area. Confer, on a regular basis, with precinct personnel regarding the development and implementation of tactical strategies for addressing crime and order maintenance problems within the beat area. Attend Precinct Management Team (PMT) meetings, as directed. Coordinate activities with other members assigned to the precinct (i.e., sector, anti-crime, youth officer, etc.) in the development of strategies to address crime and order maintenance problems within the beat area. Initiate contact with other Department units and governmental agencies, as appropriate, regarding strategies to address beat conditions, and render assistance, as necessary. Maintain the Beat Book, as directed, keeping all sections current and updated. Maintain contact with existing citizen’s groups in the beat area, working with them on the design, implementation, and evaluation of neighborhood crime prevention programs. Conduct public education programs on crime prevention specifically geared toward community groups within that beat area. Attend community meetings as a police resource person. Confer with the precinct crime prevention officer, conduct residential surveys and make recommendations to improve physical security. Members will utilize ONLY the CPO RESIDENTIAL BURGLARY PREVENTION CHECKLIST (PD351-140). No substitutes are permitted. Contact crime victims within beat area and counsel them on methods to avoid being victimized in the future. Contacts should be made as appropriate and determined at the local level. Conferrals will be documented on the rear of the community policing unit copy of the COMPLAINT REPORT (PD313-152). Contact officials from all schools in beat area and discuss problems connected with the schools. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-63 16. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. COMMUNITY POLICING UNIT CLERICAL ASSISTANT PAGE: 08/01/13 COMMUNITY BEAT OFFICER 15. (continued) COMMUNITY POLICING UNIT COORDINATOR REVISION NUMBER: 1. 2. 3. 4. 5. 6. 5 of 6 a. Take necessary action to correct problems, when appropriate. Document all “off-patrol” time: a. Make ACTIVITY LOG entry, and notify Communications Division, prior to any “off-patrol” time, except under exigent circumstances. b. Notify community policing sergeant of all scheduled “off-patrol” time for entry in the community policing unit diary and ACTIVITY LOG. c. Notify the community policing unit office, or, if unattended, the desk officer, when there is unscheduled off-patrol” time of more than a short period. Receiving member will notify the desk officer, who will make an appropriate entry on the desk copy of the administrative roll call. d. Members assigned to the community policing unit will report to the desk officer for entry in the Interrupted Patrol Log when entering and leaving the stationhouse. Perform other duties as directed by the community policing unit supervisor. Become familiar with each community policing officer’s community contacts and ongoing programs. Attend meetings as appropriate and directed by community policing sergeant. Act as a liaison between community policing officers and outside agencies, when necessary, to avoid duplication of effort. Return messages for community policing sergeant and officers when they are not available. Act as community policing sergeant’s vehicle operator. Assist community policing sergeant in coordinating both the unit’s and officer’s activities. Substitute for the community policing office clerical assistant when necessary. Provide transportation for community policing officers when directed by immediate supervisor. Maintain vehicles assigned to the community policing unit. Maintain vehicle utilization logs assigned to unit vehicles. Report to the desk officer for entry in the command log when leaving the stationhouse if a community policing sergeant is not working. Perform other duties as directed by the community policing sergeant. Answer telephones in community policing office. Monitor answering machines and deliver messages to members of the unit. Inform community policing supervisor or coordinator of messages, as appropriate, if affected community police officer is unavailable. Return messages when appropriate. Prepare, after supervisory approval, the administrative roll call. a. All adjustments occurring after initial preparation will be noted on this form, as appropriate, and kept current. Supply one copy of the administrative roll call, with any adjustments noted, to precinct roll call personnel on a daily basis, for chronological filing in an appropriate binder at the desk. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-63 REVISION NUMBER: PAGE: 08/01/13 6 of 6 COMMUNITY POLICING UNIT CLERICAL ASSISTANT (continued) 7. NOTE Unit clerical assistant will not be routinely used for other duties. RELATED PROCEDURE Community Policing Unit - General Guidelines (P.G. 212-62) FORMS AND REPORTS ACTIVITY LOG (PD112-145) CENTRAL PERSONNEL INDEX BACKGROUND REQUEST (PD449-160) COMPLAINT REPORT (PD313-152) CPO EVALUATION WORKSHEET (PD351-140H) CPO RESIDENTIAL BURGLARY PREVENTION CHECKLIST (PD351-140) 8. Collect all COMPLAINT REPORTS (PD313-152) from previous day(s), and distribute to appropriate community policing officer. a. Submit COMPLAINT REPORTS to unit supervisor or coordinator, as appropriate, if community policing officer is not available. Perform other clerical duties relative to the community policing unit office. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-64 VEHICLE CHECKPOINTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To establish the criteria by which members of the service can conduct a safe, legal, and effective vehicle checkpoint program. SCOPE A vehicle checkpoint is a site on a roadway designated by the commanding officer of a patrol borough, Traffic Operations District, precinct, police service area, transit district, highway district/unit, or task force, which is overseen by uniformed personnel. Motor vehicle operators are stopped here in a non-arbitrary manner (e.g., every third vehicle, etc.), as directed by the commanding officer on a VEHICLE CHECKPOINT FORM (PD371-143). Unlike routine car stops, police officers are not required to articulate an individualized suspicion for each vehicle stopped pursuant to a vehicle checkpoint. Vehicle checkpoints must be set up to include adequate warnings to motorists of their existence. Uniformed members of the service assigned to the checkpoint may lawfully establish reasonable temporary restrictions on movement of vehicles in order to facilitate the flow of vehicular traffic through the checkpoint (e.g., prohibit parking, standing, stopping, or turning, etc.) by such means as signs, barriers, traffic cones, etc. A motorist who violates these temporary restrictions or any other traffic rule may similarly be stopped. An example would be a motorist, who after entering a checkpoint, attempts to avoid it by backing his/her vehicle out. It should be emphasized that motorists who avoid a checkpoint by lawful means may not be stopped. If police have not blocked off a side street within a checkpoint, and a motorist turns down it, the motorist may not be stopped unless another lawful reason exists to stop the motorist. PROCEDURE Whenever a vehicle checkpoint is to be established: COMMANDING 1. OFFICER CONCERNED 2. 3. 4. 5. Establish vehicle checkpoints for the primary purpose of a DWI check or vehicle safety check. Vehicle checkpoints for all other purposes other than in emergency circumstances cannot be conducted without prior written approval from the Deputy Commissioner, Legal Matters. Prepare VEHICLE CHECKPOINT FORM. Ensure the VEHICLE CHECKPOINT FORM is affixed to the interior right side of a legal size manila file folder. Give the directive and file folder to the supervisor in charge of the checkpoint and discuss tactics and safety concerns. Ensure that safety equipment is utilized when warranted and ordered from the Quartermaster Section, when necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-64 REVISION NUMBER: PAGE: 08/01/13 2 of 3 NOTE If the vehicle checkpoint is established by a command other than a precinct, the commanding officer concerned shall confer with the precinct concerned before implementing the checkpoint. SUPERVISOR IN CHARGE OF CHECKPOINT 6. 7. 8. 9. NOTE Comply with the captions on the VEHICLE CHECKPOINT FORM as completed by the commanding officer. Discuss tactics, including appropriate and lawful questioning techniques, and apprise personnel of the primary purpose of the operation. Ensure personnel are familiar with and have reviewed the contents of the VEHICLE CHECKPOINT FORM as provided by the commanding officer. Remain at the checkpoint location for the entire operation. Supervisors in charge of vehicle checkpoints are reminded that the safety of the public and members of the service is paramount. Reflective vests or luminous traffic belts are to be worn during hours of darkness. Additionally; safety equipment, including turret lights, flares, traffic cones, signs, and/or barriers will be utilized to enhance safety and to warn motorists of the existence of the checkpoint. 10. 11. Utilize at least two Department vehicles while conducting the checkpoint and employ appropriate safety equipment. Assign a “point person”, in the rank of police officer, whose sole responsibility is to maintain the commanding officer's established procedure for stopping vehicles and to advise the vehicle operators that their vehicles are being stopped, and the reason why. UNIFORMED MEMBER OF THE SERVICE ASSIGNED TO CHECKPOINT 12. NOTE After stopping a vehicle, it is permissible to request the driver's license, registration, and insurance card. It is also permissible to conduct a license and VIN check. The VIN check must be conducted from the outside of the car. Reaching inside the car to uncover the VIN plate is not permitted even if the VIN plate is covered or obstructed; however, the member may request that the motorist uncover the VIN plate. Additionally, the driver's failure to produce a license or insurance card does not provide the basis to enter the car and conduct a further search. However, the driver’s failure to produce a license or insurance card does allow for the issuance of a summons or other appropriate enforcement action. If the documentation produced is appropriate, the driver must be allowed to proceed unless reasonable suspicion is developed during the stop. 13. 14. Stop vehicles as directed by the supervisor in charge of the vehicle checkpoint. Take summary action, when necessary. Record the identity (e.g., name, address, telephone, etc.) and statements of witnesses in ACTIVITY LOG (PD112-145), whenever an arrest is made in connection with a vehicle checkpoint. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-64 REVISION NUMBER: PAGE: 08/01/13 3 of 3 NOTE If as a result of the vehicle checkpoint, an arrest is effected, the VEHICLE CHECKPOINT FORM prepared for that particular vehicle checkpoint shall be reproduced for the District Attorney's Office. SUPERVISOR IN CHARGE OF CHECKPOINT 15. 16. 17. 18. Ensure that a record is kept of: a. The number of summonses issued; b. The number of arrests made; c. The number of vehicles stopped; and d. Any other information relevant to the checkpoint. Complete the remaining sections of the VEHICLE CHECKPOINT FORM at the conclusion of the vehicle checkpoint. Record other pertinent information in ACTIVITY LOG. Deliver the completed file folder to the commanding officer of command conducting checkpoint. a. Vehicle checkpoints will be sequentially numbered beginning with the number one at the beginning of each calendar year. b. Forward copy of VEHICLE CHECKPOINT FORM to commanding officer, precinct concerned. CLERICAL STAFF 19. Maintain files as per Department retention schedule. ADDITIONAL DATA In case of inclement weather the supervisor in charge may cancel the vehicle checkpoint. Furthermore, traffic congestion and other risk factors may also be taken into consideration when determining whether or not a checkpoint should remain in place. In any event, regardless of conditions, a vehicle checkpoint should not exceed two hours at a location. Commanding officers may draft specific procedures for vehicle checkpoints that meet the needs of their command, using this general procedure as a guide. When appropriate, written material such as flyers, or pamphlets related to the purpose of the checkpoint shall be distributed to motorists who are stopped. FORMS AND REPORTS ACTIVITY LOG (PD112-145) VEHICLE CHECKPOINT FORM (PD371-143) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-65 BICYCLE PATROL DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 5 PURPOSE To inform members of the service of the procedures to be followed when performing bicycle patrol. SCOPE All precincts, police service areas, Patrol Borough Task Forces and the Chief of Transportation are authorized to establish a bicycle patrol. ALL Patrol Boroughs, the Chief of Transportation, and the Housing Bureau will designate a Bicycle Coordinator. PROCEDURE To perform bicycle patrol: COMMANDING 1. OFFICER 2. 3. Select volunteer members of the service within the command to perform bicycle patrol. Ensure that bicycles and related equipment usage are maximized. Select a community policing supervisor/counterpart to act as the bicycle coordinator. 4. 5. Perform bicycle patrol, with the approval of an immediate supervisor. Prior to performing bicycle patrol, all bicycles will be inspected using the following ABC-QUICK CHECK: a. Air pressure b. Brakes c. Crank d. QUICK release levers e. CHECK with brief ride Notify immediate supervisor, or if not available, the desk officer/counterpart if bicycle requires repair or should not be utilized (i.e., unsafe, damaged, etc.). MEMBER ASSIGNED TO BICYCLE PATROL 6. An ACTIVITY LOG (PD112-145) entry regarding the condition of the bicycle will be made at the start of the tour. NOTE 7. 8. BICYCLE COORDINATING SUPERVISOR 9. Bicycle helmet, luminous vest and shatter-proof protective eye gear will be worn at all times while operating a Department bicycle in uniform. Except in emergency situations, the Vehicle and Traffic Laws will be obeyed at all times. Deploy members of the service on bicycle patrol except when the following conditions exist: a. Rain, snow, sleet, heavy fog or any precipitation causes the ground to become slippery b. Patches of snow or ice remain from previous storms c. High winds interfere with the control of the bicycle d. Temperature is above 95 degrees or below 32 degrees Fahrenheit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-65 REVISION NUMBER: PAGE: 08/19/13 2 of 5 NOTE If bicycle coordinating supervisor is unavailable, the desk officer/counterpart will deploy bicycles to members of the service. BICYCLE COORDINATING SUPERVISOR 10. 11 (continued) 12. 13. 14. NOTE Perform supervisory duty on bicycle, if practical. Ensure that bicycles are clearly marked with the command number followed by the bicycle number (e.g., 103 PCT, 1). a. Bicycle number is to be affixed on both sides of the fork (facing downward) below the front brake cantilever. b. Command designation is to be affixed at the top of the down tube on both sides. c. Numerals are one and one quarter inch block numbers, white in color. d. Requests for these stickers will be made to the respective patrol borough/bureau bicycle coordinator concerned. Establish and maintain a Bicycle/Equipment Log Book divided into four sections as follows: a. List of trained members of the service b. Equipment and distribution including serial numbers of all bicycles, date the bicycles were received, and the date condemned. Indicate next to each bicycle number whether community donated or Department purchased. c. Bicycles needing repairs, person contacted, date sent out for servicing and date returned. d. A sign-in/sign-out of equipment and bicycles for use by authorized bicycle patrol personnel. Ensure that bicycles utilized are listed on the A.R.C.S. Roll Call (e.g., Beat #1, bike #103-1). Designate a member of the service to perform minor repairs and adjustments, not to exceed one hour per day, on bicycles assigned to the command. Only members of the service that have received the advanced one day repair training course given by the Police Academy Driver Education and Training Unit are to be assigned. 15. 16. 17. 18. Inspect members of the service and their bicycles for proper uniform and equipment, prior to leaving the command facility. a. If not available, the inspection will be done by the desk officer or counterpart. Prepare monthly Bicycle Patrol Activity Reports and forward to the special operations lieutenant/counterpart for review by the seventh day of each month. Schedule repair dates with the appropriate designated repair facility. Report damaged, lost or stolen Department bicycles and equipment to the operations coordinator/counterpart and comply with P.G. 219-20 “Loss Or Theft Of Department Property.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-65 REVISION NUMBER: PAGE: 08/19/13 3 of 5 NOTE A copy of the equipment distribution and serial numbers for all bicycles will be forwarded to the Patrol Borough, the Chief of Transportation, or Housing Bureau Bicycle Coordinator. Lost/stolen bicycles and equipment will be reported as per P.G.219-20, “Loss Or Theft Of Department Property.” A member of the service who is involved in a collision and/or is injured shall comply with the applicable Patrol Guide procedures. A bicycle involved in a collision will not be put into service until it is inspected by the Police Academy Driver Education and Training Unit and returned to service. Copies of all information regarding bicycle collisions will be forwarded to the Police Academy Driver Education and Training Unit. An additional copy will be forwarded to the Bureau concerned (Patrol Services or Housing). SPECIAL OPERATIONS LIEUTENANT/ COUNTERPART 19. 20. 21. 22. Oversee operation of the bicycle patrol for anti-crime, community policing and auxiliary police. Confer with the commanding officer to maximize utilization of equipment (e.g., search for missing persons, quality of life conditions, robbery patterns, traffic enforcement operations, etc.). Review Bicycle Patrol Activity Report, confer with the commanding officer, and forward Bicycle Patrol Activity Report to the Patrol Borough by the tenth day of each month. a. Police Service Areas will forward their activity reports to the Housing Bureau. Coordinate, through the Patrol Borough or the Housing Bureau Bicycle Coordinator (as appropriate), bicycle training for uniformed members of the command, as needed. NOTE Chief of Transportation will coordinate bicycle training through the Chief of Patrol’s Resource Management Section, Professional Development Unit. ANTI-CRIME/ UNIFORMED MEMBER OF THE SERVICE 23. 24. 25. NOTE Perform duty on nondescript bicycles as directed by the anti-crime supervisor. Conduct a safety inspection of a Department approved bicycle utilizing the ABC-QUICK CHECK and make ACTIVITY LOG (PD112-145) entries regarding the condition of the bicycle. Notify immediate supervisor if a bicycle requires repair or should not be utilized (e.g., unsafe, damaged, etc.). If immediate supervisor is not available, notify the desk officer. Minor repairs to unmarked bicycles should be performed by the member of the service designated at the command. Nondescript bicycles, which cannot be repaired, will be discarded in accordance with A.G. 325-03 “Department Property - Disposal Of NonExpendable.” 26. Nondescript helmet, protective vest and eye gear will be worn. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-65 REVISION NUMBER: PAGE: 08/19/13 4 of 5 ANTI-CRIME SUPERVISOR 27. NOTE Nondescript bicycles will be acquired through the Property Clerk, as conversion property, in accordance with A.G. 313-04 “Use Of Property (Other Than Vehicles) Held By Property Clerk.” Prior to performing duties on property conversion bicycles, the command concerned must have the bicycles inspected by the Police Academy Driver Education and Training Unit. Scheduling of the inspection of these bicycles will be coordinated through the Patrol Borough Coordinator. 28. 29. 30. PATROL BOROUGH/ BUREAU BICYCLE COORDINATOR 31 32. 33. 34. 35. Supervise the utilization of nondescript bicycles by members assigned to anti-crime and confer with the commanding officer regarding their use. Ensure that members of the service utilizing Department bicycles conduct a safety inspection prior to use. Maintain a list of the bicycles and serial numbers utilized by the anticrime. A copy of this list will be provided to the Patrol Borough or Housing Bureau Bicycle Coordinator, as appropriate. Notify subordinate commands regarding pertinent matters relating to bicycle patrol. Establish and maintain a current listing of the bicycle coordinators within subordinate commands. Collect and consolidate Bicycle Patrol Activity Reports and forward reports to the commanding officer for review. Maintain, order, receive and distribute equipment for subordinate commands. Ensure that, on a yearly basis, all Department bicycles within the command have been inspected by conferring with the bicycle coordinators of subordinate commands. a. Scheduling for repairs and inspections should not deplete a commands’ fleet of bicycles. NOTE Patrol boroughs and Chief of Transportation will forward a consolidated Bicycle Patrol Activity Report to the Operational Development Unit, Chief of Patrol, by the fifteenth day of each month. Police Services Areas will forward consolidated Bicycle Patrol Activity Reports to the Housing Bureau Coordinator. ADDITIONAL DATA Once a year, all Department bicycles will be fully inspected by the Police Academy’s Driver Education and Training Unit. The repair personnel will also conduct these inspections during any period of repair and make a notification to the command concerned when such an inspection is conducted. Records of inspections and repairs will be kept by the Police Academy’s Driver Education and Training Unit and at the command concerned. When repairs are needed, the coordinating supervisor will contact the Police Academy’s Driver Education and Training Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-65 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 5 of 5 ADDITIONAL DATA (continued) ALL commands will have their bicycles repaired at: RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Vehicle Collisions - General Procedure (P.G. 217-01) Lost Or Theft of Department Property (P.G. 219-20) Department Property - Disposal Of Non-Expendable (A.G. 325-03) Use Of Property (Other Than Vehicles) Held By Property Clerk (A.G. 313-04) FORMS AND REPORTS ACTIVITY LOG (PD112-145) Bicycle Patrol Activity Report Police Academy’s Driver Education and Training Unit Floyd Bennett Field Bldg #4 Brooklyn, NY, 11234 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-66 MAYOR'S EXECUTIVE ORDER NUMBERS 34 AND 41, CITY POLICY CONCERNING CONFIDENTIAL INFORMATION AND IMMIGRANT ACCESS TO CITY SERVICES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 1. Mayor’s Executive Order No. 34 of 2003 has been amended by Mayor’s Executive Order No. 41 of 2003, which reaffirms the City’s policy of providing essential services to all residents regardless of immigration status, while complying with Federal law that affirms the City may not prohibit its employees from providing information to the U.S. Bureau of Immigration and Customs Enforcement (Title 18 U.S.C. § 1373 [a]). Mayor’s Executive Order No. 41 also adds new categories of confidential information, which may not be disclosed except under the circumstances outlined below. In addition, under Executive Order No. 41 it continues to be the policy of the New York City Police Department not to inquire about the immigration status of crime victims, witnesses, or others who call or approach the police seeking assistance. It is incumbent upon the Department to maintain the trust and confidence of all who depend on the services of the Police Department for their safety. DEFINITIONS CONFIDENTIAL INFORMATION - Any information obtained and maintained by a City agency relating to an individual’s sexual orientation, status as a victim of domestic violence, status as a victim of sexual assault, status as a crime witness, receipt of public assistance, or immigration status, and shall include all information contained in any individual’s income tax records. FOREIGN NATIONAL - Any person who is not a citizen or national of the United States. 2. In furtherance of the amended Executive Order, confidential information in the possession of City agencies relating to immigration status or other personal or private attributes should be disclosed only as provided herein: DISCLOSURE OF INFORMATION - No member of the service shall disclose confidential information, unless: (a) (b) (c) (d) (e) Such disclosure has been authorized in writing by the individual to whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by such individual’s parent or legal guardian; or Such disclosure is required by law, or Such disclosure is to another City officer or employee and is necessary to fulfill the purpose or achieve the mission of any City agency; or In the case of confidential information other than information relating to immigration status, such disclosure is necessary to fulfill the purpose or achieve the mission of any City agency; or In the case of information relating to immigration status, (i) the individual to whom such information pertains is suspected by such officer or employee or such officer’s or employee’s agency of engaging in illegal activity, other than mere status as an undocumented foreign national or (ii) the dissemination of such information is necessary to apprehend a person suspected of engaging in illegal activity, other than mere status as an undocumented foreign national or (iii) such disclosure is necessary in furtherance of an investigation of potential terrorist activity. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-66 NOTE 3. adhered to: DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 Any member of the service with a question relating to this disclosure of confidential information under this section shall consult with the Legal Bureau. The following guidelines pertaining to inquiries regarding foreign nationals shall be INQUIRIES REGARDING FOREIGN NATIONALS: UNIFORMED MEMBERS OF THE SERVICE/PEACE OFFICERS - shall not inquire about a person’s immigration status unless investigating illegal activity other than mere status as an undocumented foreign national. (a) Uniformed members of the service/peace officers shall continue to cooperate with federal authorities in investigating and apprehending foreign nationals suspected of criminal activity. CIVILIAN MEMBERS OF THE SERVICE (OTHER THAN PEACE OFFICERS) shall not inquire about a person’s immigration status unless: (a) Such person’s immigration status is necessary for the determination of program, service or benefit eligibility or the provision of City services; or (b) Such officer or employee is required by law to inquire about such person’s immigration status. ADDITIONAL DATA In cases when a foreign national has been arrested for a criminal offense, it is the policy of the New York City Police Department to provide notification of such arrest to the U.S. Bureau of Immigration and Customs Enforcement. Such notification will be made by the Intelligence Division, based on data retrieved from the On Line Booking System (OLBS). When preparing the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD 244-159) it is imperative that an arresting officer ask the arrestee his/her citizenship status. If the arrestee indicates that he/she is not a citizen, the arresting officer should indicate same by checking “No” in the box captioned “U.S. Citizen.” Additionally, the arresting officer should question the arrestee regarding his/her country of birth. An entry should then be made in the box captioned “State/Country of Birth.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-67 POLICE/CLERGY PROGRAM DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To formalize police/clergy cooperation; provide instruction and direction to both police and clergy; and to aid the Department in its effort to advance the concept of Community Policing. DEFINITIONS POLICE/CLERGY LIAISONS - designated members will be available to assist the Department in: (1) Maintaining calm. (2) Seeking cooperation from the community during and after emergencies such as bias incidents, hostage cases, and emotionally disturbed person situations. (3) Acting as unofficial recruiters, urging young people in their congregations to seek careers with the Police Department. (4) Attending appropriate events (e.g., Precinct Community Council meetings, Youth Councils, etc.). POLICE/CLERGY VOLUNTEERS - will be selected by precinct commanders, in numbers based upon the individual precinct needs. These volunteers will function within precinct boundaries and will perform duties as recruiters, advisers and as a bridge between the community and the precinct. PROCEDURE When a vacancy occurs in the Police/Clergy Program: PRECINCT COMMANDER 1. 2. 3. NOTE Notify Chief, Community Affairs, in writing, as to cause of vacancy, i.e., retirement, transfer, inactivity of member, etc. Nominate a member of the clergy to fill vacancy utilizing nomination form (see “ADDITIONAL DATA”). Forward nomination to Chief, Community Affairs, through channels. Nominations should not exceed more than five per precinct. Deputy commissioners and bureau chiefs may also make nominations direct to the Chief, Community Affairs. 4. TITLE Direct the maintenance of a log, in appropriate Department record book, listing all recruited and selected clergy, both liaisons and volunteers, captioned as follows: FIELD NAME/ ADDRESS TELEPHONE NUMBERS RELIGIOUS INSTITUTIONS TIMES AVAILABLE LANGUAGES SPOKEN OTHER SPECIAL QUALIFICATIONS NOTE A list of the clergy participating in the program will be forwarded to the Community Affairs Division. POLICE/CLERGY REVIEW COMMITTEE 5. 6. Review nominations. Forward recommendations to the Police Commissioner. CHIEF, COMMUNITY AFFAIRS 7. Arrange for issuance of identification card to nominee after approval of Police Commissioner. NOTE The mere possession of a Police/Clergy Liaison Identification Card does not allow the bearer access to police lines without authorization of the ranking officer in charge. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-67 REVISION NUMBER: PAGE: 08/01/13 2 of 2 ADDITIONAL DATA SAMPLE NOMINATION FOR POLICE/CLERGY PROGRAM POLICE DEPARTMENT CITY OF NEW YORK Date From: Commanding Officer, _________________________________________ To: Chief, Community Affairs (through channels) Subject: POLICE/CLERGY LIAISON PROGRAM NOMINATION The undersigned hereby nominates the below named individual for the Police/Clergy Liaison Program: Full Name: Title: Denomination: Religious Affiliation: Address of Institution: State: Zip Code: State: Zip Code: City: State: Zip Code: Home Phone: (_____)_____-______ Religious Institution Phone: (_____)_____-______ City: Home Address: City: Mailing Address (if different from above): Alternate Phone (beeper, cell phone, work, etc.): Date of Birth _____/_____/_______ Social Security Number: ______-_____-_______ Reason for nomination: For your CONSIDERATION. _________________________ Rank/Signature NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-68 CONFIDENTIAL INFORMANTS DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 10 PURPOSE To register confidential informants for the purpose of developing information for investigations, to record confidential informant activity, and to obtain information from the Confidential Informant Database. DEFINITIONS CONTACT - A uniformed member of the service who has developed a confidential relationship with an informant for the purpose of obtaining criminal intelligence. CONFIDENTIAL INFORMANT - An individual approved by the Department and registered with the Intelligence Bureau who provides useful and credible information to the contact regarding criminal activities, and from whom the contact expects or intends to obtain additional useful and credible information regarding such activities in the future. CONFIDENTIAL INFORMANT REVIEW COMMITTEE - A committee charged with reviewing decisions relating to the registration and use of confidential informants. The Confidential Informant Review Committee shall be chaired by the Chief of Department, and shall be composed of representatives from the Deputy Commissioner, Operations, the Organized Crime Control Bureau (OCCB), the Detective Bureau, the Transit Bureau, the Housing Bureau, the Internal Affairs Bureau (IAB), the Counterterrorism Bureau, the Intelligence Bureau, and the Patrol Services Bureau. The committee will review reports provided by the Intelligence Bureau annually and determine whether and under what conditions an individual should be used as a confidential informant. SCOPE No member will use a confidential informant unless such person is properly registered with the Department as a confidential informant in accordance with this procedure. Use of unregistered informants may result in disciplinary action. All use of the confidential informant must be conducted exclusively through the member of the service designated as the contact, the contact’s immediate supervisor, or if they are unavailable, the designated alternate. For the safety of the confidential informant there should be no deviation from this policy without the personal approval of the bureau chief/deputy commissioner of the member of the service designated as the contact. Such an approval will be documented in writing and filed in the confidential case folder. PROCEDURE When a contact develops a confidential relationship with an informant who offers, or proposes to offer, information: CONTACT 1. Notify supervisor immediately. FIELD INTELLIGENCE OFFICER 2. Perform the duties of the supervisor outlined in this procedure, if assigned to the contact’s command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-68 PAGE: 10/16/13 3. SUPERVISOR AND CONTACT 4. 5. 6. SUPERVISOR REVISION NUMBER: 7. 8. 9. 2 of 10 Interview informant. Prepare original and one copy of Department form CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST (PD378161) and CONFIDENTIAL INFORMANT REGISTRATION/ REACTIVATION REQUEST SUPPLEMENTAL (PD378-161A). a. Both forms are available from the Quartermaster Section and/or via the Department intranet and must be typed b. “AUTHENTICATED SIGNATURE CERTIFICATION” and “AUTHORIZING SIGNATURES” sections on CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST must bear original signature only – no photocopies. Conduct computer checks listed on CONFIDENTIAL INFORMANT COMPUTER DATABASE CHECKS (PD314-091), available via the Department intranet, for prospective confidential informants. a. A copy of the results will be attached to the CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST and SUPPLEMENTAL b. The CONFIDENTIAL INFORMANT COMPUTER DATABASE CHECKS and a copy of the results will be included in the command’s Confidential Informant folder. Obtain two current, clear head and shoulder color photographs (no hats, sunglasses, etc.) of prospective informant. a. Only color photographs of the prospective informant are acceptable b. Instant or digital photographs may be used c. Criminal defendant, Photo Manager and Photo Imaging Module photographs are not to be utilized for this purpose. Attach photographs and required computer checks conducted in step “5” above to the original and one copy of the CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST and SUPPLEMENTAL. Debrief prospective informant concerning: a. Criminal activity reported to the contact b. Seven index crimes, shooting incidents, firearms, controlled substances, marijuana, gangs and any other significant criminal activity c. Terrorism related groups, individuals, locations, vehicles involved in terrorist acts, conspiracies, threats, surveillance, financing, lodging, travel, etc. d. Corruption involving any City, State, or Federal employee. Obtain permission from the Assistant District Attorney concerned for registration, if a prospective confidential informant is a defendant in an active criminal case. a. Department personnel assigned to specialty units, (e.g., District Attorney’s Office Squad, etc.), who register a confidential informant are NOT exempt from following this procedure. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-68 SUPERVISOR (continued) REVISION NUMBER: PAGE: 10/16/13 10. 11. 12. 13. 3 of 10 Ascertain from the prospective informant if he or she is, or has been registered as a confidential informant with ANY law enforcement agency. a. If yes, confer with the appropriate law enforcement agency, through the Intelligence Bureau. Direct the prospective informant to: a. Sign the CONFIDENTIAL INFORMANT REGISTRATION/ REACTIVATION REQUEST, in your presence b. Refrain from any criminal activity except under the direction and supervision of the Department (e.g., controlled buys, vice enforcement, etc.) c. Notify contact or supervisor immediately if arrested for any offense. Recommend approval/disapproval of the prospective confidential informant by endorsing the CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST. a. If informant is not recommended for registration, document reason(s) and forward in the same manner (this information may be valuable when considering registration of the individual at a future date). Forward request to Borough/Division Commanding Officer. a. A CONFIDENTIAL INFORMANT REGISTRATION/ REACTIVATION REQUEST initiated by a precinct, police service area, or transit district must be approved by the commanding officer prior to being forwarded to Borough /Division Commanding Officer. BOROUGH/ DIVISION COMMANDING OFFICER 14. 15. Review and recommend approval or disapproval by endorsement. Ensure delivery of request (by hand) in a sealed envelope, to the bureau coordinator designated to process requests. BUREAU CHIEF 16. Designate a confidential informant coordinator in the rank of lieutenant or above to process all CONFIDENTIAL INFORMANT REGISTRATION/ REACTIVATION REQUEST(S) and SUPPLEMENTAL(S). BUREAU COORDINATOR 17. Scan informant’s photograph and enter appropriate information into the Confidential Informant Database. Review and recommend approval or disapproval by endorsement. Forward to bureau chief. Ensure appropriate information contained in CONFIDENTIAL INFORMANT INFORMATION CHANGE, ACTIVITY AND PAYMENT (PD378-083) reports are entered into the Confidential Informant Database. 18. 19. 20. BUREAU CHIEF 21. 22. 23. Evaluate recommendations. Give final approval/disapproval for registration and inclusion in Confidential Informant Database. Notify bureau coordinator designated to process requests, of results. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-68 BUREAU COORDINATOR REVISION NUMBER: PAGE: 10/16/13 24. 25. 26. 27. 28. 4 of 10 Upon approval/disapproval by bureau chief, distribute CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST and SUPPLEMENTAL as follows: a. Original to bureau file with photograph b. One copy to contact/supervisor with photograph (maintained in Confidential Informant folder). Notify commanding officer of contact of approval/disapproval by telephone. Maintain active file of informants with separate folder for each informant. Designate specific members who have access to folders in active file and designate specific folder(s) to which they have access. Forward a listing of confidential informants to commanding officers of subordinate commands on a quarterly basis. a. Bureaus that do not permanently register confidential informants (e.g., Patrol, Transit, and Housing) are exempt from this requirement. TO MONITOR THE STATUS OF CONFIDENTIAL INFORMANTS REGISTERED WITH THIS DEPARTMENT: 29. SUPERVISOR AND CONTACT 30. 31. 32. 33. 34. 35. Maintain file of active, registered informants, with separate folders for each informant, in a centrally located, secure, locked file. Maintain file for those informants: a. Not recommended for registration b. Deactivated as per step “34” below. Ensure security of all folders. Require contacts to submit written reports on CONFIDENTIAL INFORMANT INFORMATION CHANGE, ACTIVITY AND PAYMENT for each interaction with an informant and file in the informant’s folder. a. If information supplied by the informant is used, include an evaluation of the quality and accuracy of that information in the report. Forward a copy of report to designated bureau coordinator for entry into the Confidential Informant Database. Deactivate a confidential informant if the confidential informant: a. Becomes involved with criminal activity while not under the direction and supervision of the contact or supervisor and such involvement compromises the informant’s ability to function as a confidential informant for this Department; OR b. Is found to have been untruthful or if there is reason to suspect that the informant has been untruthful in information related to his or her confidential informant function; OR c. Has not maintained regular/scheduled contact. Prepare Typed Letterhead containing the details of the incident, and forward to the bureau chief concerned immediately when notified that a confidential informant has been arrested. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-68 REVISION NUMBER: PAGE: 10/16/13 5 of 10 36. SUPERVISOR AND CONTACT (continued) Submit quarterly reviews of active confidential informants using the CONFIDENTIAL INFORMANT INFORMATION CHANGE, ACTIVITY AND PAYMENT and forward to bureau coordinator. a. Include confidential informants deactivated during the review period. 37. Any changes to the confidential informant’s status will be recorded on a CONFIDENTIAL INFORMANT INFORMATION CHANGE, ACTIVITY AND PAYMENT report and reported to the bureau chief concerned through channels. a. The bureau coordinator will enter the information into the Confidential Informant Database. Restore a deactivated informant to active file when appropriate: a. Re-interview and process b. Reassign previous active file identification number. Using facial recognition software, scan photograph to determine if the confidential informant currently exists in the database under a different identity, and to see if the confidential informant is actively registered with the Department. a. If the confidential informant is actively registered, notify appropriate bureau b. If the confidential informant is in the database, but not actively registered, forward all relevant information to the appropriate bureau. Maintain Confidential Informant Database. Provide database reports to Confidential Informant Review Committee upon request. INTELLIGENCE BUREAU 38. 39. 40. 41. TO OBTAIN THE SERVICES OF A CONFIDENTIAL INFORMANT DURING THE COURSE OF AN OFFICIAL INVESTIGATION: UNIFORMED MEMBER OF THE SERVICE 42. 43. Prepare CONFIDENTIAL INFORMANT DATABASE INQUIRY (PD378-162) for signature of commanding officer, addressed to Commanding Officer, Intelligence Bureau, requesting a search of the database for a confidential informant who may be of assistance in an official investigation. Fax CONFIDENTIAL INFORMANT DATABASE INQUIRY to the Intelligence Bureau. a. The requesting officer MUST make telephone contact with the Intelligence Bureau verifying receipt of the form and record this verification in the Telephone Record noting the rank, and name of Intelligence Bureau member acknowledging receipt b. The original CONFIDENTIAL INFORMANT DATABASE INQUIRY form MUST be forwarded to the Intelligence Bureau within twenty-four hours via Department mail c. Requesting commands will maintain a log of all CONFIDENTIAL INFORMANT DATABASE INQUIRY(S) forwarded to the Intelligence Bureau. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-68 REVISION NUMBER: PAGE: 10/16/13 6 of 10 INTELLIGENCE BUREAU 44. Conduct search of Confidential Informant Database. a. If search reveals a potentially useful informant, notify confidential informant’s contact and advise of request b. Notify requesting member of the service if search reveals no available confidential informant. CONTACT 45. Confer with appropriate captain from OCCB, the Detective Bureau, Intelligence Bureau or IAB to determine if authorization to use confidential informant will be granted. CAPTAIN, OCCB / DETECTIVE BUREAU / INTELLIGENCE BUREAU / IAB 46. 47. Review request and approve/disapprove, as appropriate. Notify Intelligence Bureau of approval/disapproval. INTELLIGENCE BUREAU 48. Advise requesting member of the service of approval/disapproval to use confidential informant. a. If authorization is granted to use the confidential informant, provide to requesting member the identity and command of the contact. Forward a monthly report to all commands that submitted any CONFIDENTIAL INFORMANT DATABASE INQUIRY. 49. INTEGRITY CONTROL OFFICER 50. Review and inspect entries for accuracy and ensure the integrity of the system by conducting an investigation when warranted, when a monthly report is received, as indicated in step “49” above. UNIFORMED MEMBER OF THE SERVICE 51. Confer with contact to initiate use of confidential informant. INTELLIGENCE 52. BUREAU, INTEGRITY CONTROL OFFICER ADDITIONAL DATA Conduct monthly audits of requests for the services of confidential informants and confer with the commanding officers of requesting members to ensure the legitimacy of these requests. OPERATIONAL CONSIDERATIONS If exigent circumstances exist, a supervisor in the rank of captain or above in the bureau concerned may give permission for provisional registration of a confidential informant. The requesting command is required to immediately fax a copy of the CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST and SUPPLEMENTAL to the Intelligence Bureau. If provisional registration of a confidential informant is approved, the Intelligence Bureau, Public Security Section must be notified to check the Confidential Informant Database to ensure the provisional confidential informant is not previously registered with the Department. This provisional registration does not exempt members of the service from complying with this procedure within seventy-two hours. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-68 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 7 of 10 For priority investigations (e.g., homicides, shootings, serious assaults, etc.), a supervisor in the rank of captain or above may request confidential informant and contact information from the Intelligence Bureau directly by telephone. The form CONFIDENTIAL INFORMANT DATABASE INQUIRY will also be prepared and forwarded to the Intelligence Bureau within twenty-four hours via Department mail for requests made under these circumstances. A supervisor, preferably the immediate supervisor of the contact, will be physically present at all meetings (e.g., debriefings, controlled buys, payments, etc.) between a confidential informant and a contact. The supervisor will review the CONFIDENTIAL INFORMANT INFORMATION CHANGE, ACTIVITY AND PAYMENT report, complete the captions in the “Verifying Supervisor” section and sign the completed report. Whenever a payment is made to a confidential informant, the supervisor will also verify the payment by signing under the appropriate caption in the “Payment” section of the report. A supervisor is not required to attend meetings between members of the Intelligence Bureau and confidential informants registered to the Intelligence Bureau. However, a supervisor will attend such meetings when practicable and in all cases when payment is to be tendered to the confidential informant. OPERATIONAL CONSIDERATIONS FOR PATROL, HOUSING AND TRANSIT BUREAU UNITS Patrol, Housing and Transit Bureau units may register a confidential informant for a period of no more than thirty days, during which time the informant may be used once. At the end of this thirty day period, the confidential informant will be automatically deactivated in the Confidential Informant Database. However, immediately after employing the services of the confidential informant and prior to the lapse of the thirty day activation period, the Patrol/Housing/Transit Bureau contact will notify their respective bureau confidential informant coordinator regarding the confidential informant’s possible use by another Department bureau/unit other than Patrol/Housing/Transit Bureau commands. The bureau coordinators will consider each confidential informant’s field of knowledge, as well as other relevant factors, when determining the appropriate investigative bureau/unit for possible future use. Every effort will be made to refer potentially useful confidential informants to the appropriate investigative unit for further development and future use. Bureaus or units that subsequently register these Patrol/Housing/Transit Bureau confidential informants will do so in strict compliance with the provisions contained in this procedure. Patrol/Housing/Transit Bureau commands may not use the field intelligence officer as the registering supervisor solely to circumvent the thirty day activation and single use limitation contained in the paragraph above. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-68 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 8 of 10 Restrictions and Special Conditions for Registering Confidential Informants: IF the prospective confidential THEN before registration the contact must: informant is: Less than 18 years of age Have a parent or guardian present and obtain written permission by co-signing the registration form. On Probation Obtain permission from the probation officer. Document time/date/to whom you spoke. On Parole Obtain written permission from the Division of Parole. Wanted on a warrant Have the warrant vacated. A supervisor in the rank of captain or above must indicate on the registration form the reason for vacating the warrant and specifically what information the confidential informant will provide. Defendant in an active criminal Obtain permission from the Assistant District case Attorney concerned. Personnel assigned to precinct, housing and transit patrol operations will never use a confidential informant to conduct any type of controlled buys, vice enforcement, etc. CONFIDENTIAL INFORMANT DATABASE The Intelligence Bureau will query the Confidential Informant Database. If the confidential informant is already registered with the Department or has previously been disapproved as an informant, the Intelligence Bureau will immediately notify the bureau concerned and the request will be disapproved. If the confidential informant is registered but inactive due to failure to maintain regular or scheduled meetings, the existing contact must deactivate the confidential informant before the request can be approved. In situations in which a confidential informant’s identity may compromise a sensitive investigation, e.g., internal investigation or counterterrorism, the member of the service must receive written permission from the bureau chief to exclude personal identifiers from the Intelligence Bureau Database. This documentation will be included in the case file. The identity of a confidential informant will be kept confidential and will be divulged only on a need-to-know basis. The Commanding Officer, Intelligence Bureau will institute necessary measures and procedures to limit access to the database and to ensure that confidentiality is maintained. Only members specifically designated by the Commanding Officer, Intelligence Bureau will have access to the Confidential Informant Database. The Commanding Officer, Intelligence Bureau will review the confidential performance indexes of designated members on a semiannual basis and discontinue their designation if they are found unsuitable for any reason. DEPARTMENT POLICY Confidential informants must be vetted before being activated for Department operations. Accordingly, queries of various offender registries should also be included as part of the process and the appropriate action taken, to ensure that informants are in compliance with federal, state and local laws. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-68 REVISION NUMBER: PAGE: 10/16/13 9 of 10 All active confidential informants MUST be reviewed, evaluated and rated by the designated contact and supervisor on the CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST on a quarterly basis. These forms MUST be submitted to the bureau coordinator by March 15, June 15, September 15, and December 15. Failure to submit the form in a timely manner could result in disciplinary action. If a quarterly review for a confidential informant is not submitted in a timely fashion, the confidential informant will be automatically deactivated in the Confidential Informant Database and permission to employ that confidential informant will be revoked. The confidential informant can ONLY be reactivated by submitting a new CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST and SUPPLEMENTAL. ADDITIONAL DATA (continued) Informants play a critical role in crime fighting and intelligence gathering operations, and additional background information supplied by informants could prove useful in the furtherance of investigations conducted by the Department. Types of information considered of value for storage within the Intelligence Data System include but are not limited to: Military training Language capabilities Place of birth (region, village, tribe) Gang affiliation Education level and related degrees Professional licenses/skills Marital status and next of kin Social networking information If a potential confidential informant does not want to provide the above information, he or she should still be accepted if he or she passes all other requirements. MEMORANDUM OF UNDERSTANDING CONSIDERATIONS Units governed by a memorandum of understanding or similar stipulation between this Department and other law enforcement agencies (e.g., Drug Enforcement Task Force, etc.) are exempt from those provisions of this procedure that are in conflict with the controlling memorandum of understanding. Members assigned to such units will conform to the policies and procedures stipulated within the memorandum of understanding regarding confidential informants. Similarly, Department personnel assigned to contribute to an investigation under the jurisdiction of a federal law enforcement agency may be required to adhere to the confidential informant guidelines of that agency. Written authorization for this exemption must be obtained in advance from the bureau chief concerned. Commanding officers assigned to task forces that are governed by a memorandum of understanding are to instruct Department personnel on the provisions of the memorandum, as well as the informant related guidelines (e.g., the United States Attorney General’s Guidelines, Federal Bureau of Investigation’s policies, etc.) of the lead task force agency, if applicable. RELATED PROCEDURES Search Warrant Applications (P.G. 212-75) Search Warrant Execution (P.G. 212-105) Search Warrant Post-Execution Critique (P.G. 212-106) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-68 FORMS AND REPORTS DATE EFFECTIVE: 10/16/13 REVISION NUMBER: PAGE: 10 of 10 CONFIDENTIAL INFORMANT DATABASE INQUIRY (PD378-162) CONFIDENTIAL INFORMANT INFORMATION CHANGE, ACTIVITY AND PAYMENT (PD378-083) CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST (PD378-161) CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST SUPPLEMENTAL (PD378-161A) CONFIDENTIAL INFORMANT COMPUTER DATABASE CHECKS (PD314-091) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-69 INVOLUNTARY PROTECTION SERVICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To assist Social Services representatives in the execution of court orders to gain access to premises to determine the need for protective services. PROCEDURE When presented with a court order by Social Services representative to enter premises to conduct an assessment of an adult individual to determine the need for protective services: UNIFORMED MEMBER OF THE SERVICE 1. Direct Social Services representative presenting order to deliver the order to the Office of the Deputy Commissioner - Legal Matters during regular business hours. MEMBER CONCERNED, OFFICE OF THE DEPUTY COMMISSIONER LEGAL MATTERS 2. Examine order for appropriateness and return to Social Services official: a. Forward copy to Operations Unit. b. Return original to Social Services representative. MEMBER CONCERNED, OPERATIONS UNIT 3. 4. 5. Number order and record in appropriate log. Identify the address as a precinct or housing (PSA) location. Notify: a. Patrol Services Bureau or Housing Bureau, as appropriate b. Patrol borough or Housing borough office concerned. NOTE The Chief of Department’s Investigation Review Section will serve as the repository for such orders and their dispositions. MEMBER CONCERNED, PATROL OR HOUSING BOROUGH 6. Notify desk officer, precinct or PSA concerned, of order. DESK OFFICER, PRECINCT OR PSA CONCERNED 7. Enter notification in the Telephone Record listing the particulars of the order. NOTE Upon the arrival at the stationhouse of the Social Services representative with the order, the Telephone Record entry will serve to verify that the order was reviewed by the Legal Bureau and authorization has been given to have a police officer accompany the representative during the execution of the order. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-69 REVISION NUMBER: PAGE: 08/01/13 2 of 2 DESK OFFICER, PRECINCT OR PSA CONCERNED (continued) 8. Direct patrol supervisor and a uniformed member of the service to accompany the representative to the specific location mentioned in the order. NOTE The function of the uniformed members of the service is to preserve the peace. They are not to personally assist in forcing entry to the premises, securing it afterward or protecting property thereat. The Social Services representatives, if necessary, will perform those duties. PATROL SUPERVISOR 9. 10. ADDITIONAL DATA Additional guidance concerning these orders can be obtained from the Legal Bureau. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Prepare report, on typed letterhead, upon completion of assignment. Forward to Chief of Department, Investigation Review Section: a. Original - DIRECT b. Copy - through channels NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-70 CIVILIAN COMMENDATIONS (NON-MEMBERS OF THE SERVICE) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To recognize civilians other than members of the service for valuable assistance rendered to the Police Department or the community in the area of public safety, quality of life, and/or police-community relations. PROCEDURE Whenever a member of the service (uniformed or civilian) recommends a civilian non-member of the service for an act worthy of a civilian commendation. MEMBER OF THE SERVICE 1. NOTE Members of the service preparing a CIVILIAN COMMENDATION APPLICATION (PD127016) must ensure that the facts reported in the APPLICATION are accurate, not embellished upon, and consistent with other arrest and investigatory paperwork. The CIVILIAN COMMENDATION APPLICATION has the potential of becoming “Rosario” material in a criminal prosecution. The arresting officer should advise the Assistant District Attorney assigned to a pending case of the existence of the CIVILIAN COMMENDATION APPLICATION, as well as any other recorded statements of witnesses. 2. Prepare request, utilizing the APPLICATION (PD127-016). Forward APPLICATION Supervisor. to CIVILIAN Operations COMMENDATION Coordinator/Designated NOTE Endorsements or nominations from outside the Department will not be considered. OPERATIONS COORDINATOR/ DESIGNATED SUPERVISOR 3. 4. COMMANDING 5. 6. OFFICER 7. 8. BOROUGH/ BUREAU COMMANDING OFFICER 9. 10. 11. 12. 13. 14. Have command serial number assigned. Forward APPLICATION to commanding officer. Review APPLICATION. Make determination if Civilian Commendation is appropriate. Have warrant check conducted of individual concerned and attach to APPLICATION. (Disapprovals based upon warrant checks will be filed at local command). Indicate approval by endorsing APPLICATION to respective Borough/Bureau Commanding Officer. Have CIVILIAN COMMENDATION APPLICATION recorded. Review request. Make a determination if request for Civilian Commendation is warranted. Indicate disapproval by endorsing APPLICATION to commanding officer concerned. Indicate approval by endorsing APPLICATION to the Chief, Community Affairs. Forward copy of approved APPLICATION to Bureau Chief concerned for information only. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-70 CHIEF, COMMUNITY AFFAIRS REVISION NUMBER: PAGE: 08/01/13 15. 16. 17. 18. 19. 20. 2 of 2 Have all requests for Civilian Commendations recorded. Review approved APPLICATION endorsed by Borough/Bureau Commanding Officer. Make final determination of approval. Indicate disapproval by endorsing request to Borough/Bureau Commander. Prepare and forward a signed Certificate of Civilian Commendation to commanding officer of originating command, along with a copy of fully endorsed APPLICATION. File approved requests. COMMANDING OFFICER 21. Sign Certificate of Civilian Commendation and coordinate presentation of civilian commendation to recipient with Borough/Bureau Commanding Officer, if applicable. COMMANDING OFFICER, CEREMONIAL UNIT 22. Schedule and make all arrangements and notifications for a city-wide award ceremony when requested by the Chief, Community Affairs. FORMS AND REPORTS CIVILIAN COMMENDATION APPLICATION (PD127-016) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-71 GUIDELINES FOR THE USE OF VIDEO/PHOTOGRAPHIC EQUIPMENT BY OPERATIONAL PERSONNEL AT DEMONSTRATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To describe those limited circumstances when operational personnel may use video and/or photographic equipment at demonstrations and to establish procedures for the use of such equipment, when permitted. SCOPE Use of video and/or photographic equipment by operational personnel at demonstrations is appropriate only if a permissible operational objective exists. The following constitute permissible operational objectives: a. A bona fide need exists to prepare training materials on proper crowd control techniques; or b. When it reasonably appears that unlawful conduct is about to occur, is occurring or has occurred during the demonstration; or c. A bona fide need exists to continuously assess crowd conditions, through the use of live video transmissions, for the proper deployment of police resources. PROCEDURE When ranking personnel of this Department contemplate the use of video and/or photographic equipment at a demonstration for a permissible operational objective: RANKING OFFICER 1. 2. Submit a report, on Typed Letterhead, to the Deputy Commissioner, Legal Matters, through channels Include in the request the following information: a. Date, time and location of demonstration (if known) b. Specific permissible operational objective to be achieved DEPUTY COMMISSIONER, LEGAL MATTERS 3. NOTE Every approved request for the use of video/photographic equipment will be entered into a serially numbered log, maintained solely for this purpose, at the Technical Assistance Response Unit. 4. COMMANDING 5. 6. OFFICER, TECHNICAL ASSISTANCE RESPONSE UNIT Review request for use of video and/or photographic equipment to determine whether videorecording/photography is for a permissible purpose and should be approved. If approved, forward copy of approved request to Chief of Department, Bureau or Borough Commander of Ranking Officer making request and Commanding Officer, Technical Assistance Response Unit. Ensure that appropriate entries are made in log upon receipt of request. Assign members of TARU to the demonstration to operate video/photographic equipment. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-71 REVISION NUMBER: PAGE: 08/01/13 2 of 2 UPON COMPLETION OF VIDEORECORDING/PHOTOGRAPHING: COMMANDING 7. OFFICER, TECHNICAL ASSISTANCE RESPONSE UNIT Ensure that all videorecordings/photographs prepared in connection with this procedure are maintained for a minimum of one year from the date the images were recorded. DEPUTY COMMISSIONER, LEGAL MATTERS 8. Review recorded materials to determine whether they should continue to be preserved: a. If the materials contain evidence of unlawful activity, they will be considered evidence, and handled accordingly. b. If the materials are deemed valuable for civil litigation, training, or any other specific purpose, they will be similarly preserved in connection with that purpose. c. After three years, materials not meeting the criteria in (a) or (b) above shall be destroyed. ADDITIONAL DATA Videorecordings/photographs should be consistent with the permissible operational objective. For example, videorecordings/photographs taken for training purposes or to assess crowd conditions should generally not contain close-ups of participants in the demonstration, but should focus on crowd size, police tactics and/or behavior. When the permissible objective is to record unlawful activity and/or arrest activity, videorecording /photography should commence only when there is a reasonable belief that criminal or unlawful activity is about to occur or when spontaneous criminal or unlawful activity actually occurs or has occurred. Video and/or photographic equipment authorized to be used pursuant to this procedure may only be operated by TARU personnel. Personnel assigned to other commands, e.g., Borough Task Forces, the Disorder Control Unit, shall not utilize video or photographic equipment at demonstrations pursuant to this procedure. With the exception of members of the service assigned to or working under the supervision of the Intelligence Division, all personnel who operate video and/or photographic equipment pursuant to this procedure must be clearly identifiable as police personnel. They must wear either a police uniform or a jacket that is clearly marked “POLICE.” Displaying a shield on a chain is not sufficient identification. All videorecordings and photographs pertaining to this procedure, except materials invoiced as evidence, or used in connection with the preparation of training materials, will be stored at TARU. All requests to obtain or view such videorecordings or photographs will be made in writing to the Deputy Commissioner, Legal Matters, detailing the reason for the request. Commanding Officer, TARU shall maintain a record of all such requests and whether any copies were provided. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-72 GUIDELINES FOR UNIFORMED MEMBERS OF THE SERVICE CONDUCTING INVESTIGATIONS INVOLVING POLITICAL ACTIVITIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 18 PURPOSE To provide guidelines for investigations of possible unlawful or terrorist related activity that involve political activity, including the collection, analysis, processing, retention, and dissemination of information concerning persons, groups, or organizations involved in political activity. DEFINITIONS POLITICAL ACTIVITY - The exercise of a right of expression or association for the purpose of maintaining or changing governmental policies or social conditions. INVESTIGATION – A police activity undertaken to obtain information or evidence. LEAD – Information submitted to or obtained or developed by the Intelligence Division concerning an ongoing investigation, or, that may be used to initiate a new investigation. INVESTIGATIVE STATEMENT – A detailed written request submitted under this procedure to obtain approval for the initiation of a Preliminary Inquiry, Full Investigation, or Terrorism Enterprise Investigation. AUTHORIZING OFFICIAL – The Intelligence Division official (specifically, the Commanding Officer and the Executive Officer, Intelligence Division, and the Commanding Officer, Criminal Intelligence Section) authorized to approve requests to initiate or extend a Preliminary Inquiry, Full Investigation, or Terrorism Enterprise Investigation. PROCEDURE When a Lead involving possible unlawful or terrorist related activity is received from any source involving an individual, group, or organization that is engaged in political activity which requires some follow up or further investigation: NOTE The Handschu Consent Decree (Appendix A) and the Guidelines for Investigations Involving Political Activity (Appendix B) (together, “the Modified Handschu Guidelines,” or, “the Guidelines”) require that any investigation by the New York City Police Department involving political activity shall be initiated by and conducted only under the supervision of the Intelligence Division. Accordingly, members of the service shall not conduct investigations involving political activity without the express written approval of the Deputy Commissioner, Intelligence. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 REVISION NUMBER: PAGE: 08/01/13 2 of 18 MOS RECEIVING INFORMATION SUGGESTING NEED FOR INVESTIGATION INVOLVING POLITICAL ACTIVITY 1. Report information or observations concerning possible unlawful or terrorist activity involving political activity to the Intelligence Division, Criminal Intelligence Section (24 hours, 7 days a week). a. Include details of Lead, including information suggesting need for investigation of individual, group, or organization involved in political activity. b. Comply with directions of Criminal Intelligence Section, including preparation of more detailed report, if necessary. INTELLIGENCE DIVISION CRIMINAL INTELLIGENCE SECTION 2. Accept and record Leads received. a. Contact reporter and conduct telephone interview to obtain additional details, if necessary. Confer with Criminal Intelligence Section supervisor concerning assignment and disposition of Lead; if appropriate, refer for review as required by Lead processing procedures. CRIMINAL INTELLIGENCE SECTION SUPERVISOR 4. Assign Lead requiring follow up by Intelligence Division to appropriate unit for Checking of Lead or other investigation. SUPERVISOR, INTELLIGENCE DIVISION UNIT ASSIGNED 5. 6. Supervise performance of Checking of Lead, if appropriate. Submit Investigative Statement to Authorizing Official requesting approval to conduct either a Preliminary Inquiry, Full Investigation, or Terrorism Enterprise Investigation, if the original Lead, the results of a Checking of Lead, or other information suggests the need for further investigation that involves political activity. a. Specify request and justification for use of undercover or confidential informant, (or other investigative technique requiring approval) as appropriate. NOTE The Investigative Statement will be clear and precise. The subject group, organization, or individual whose political activity is to be investigated will be clearly identified. The Investigative Statement will specify the information that forms the basis for the request for a Preliminary Inquiry, Full Investigation, or Terrorism Enterprise Investigation. In exigent circumstances, an investigation may be undertaken before an Investigative Statement has been submitted and approved. In such case, the Investigative Statement must be submitted as soon as practicable. AUTHORIZING OFFICIAL 7. 3. Review request; determine whether requested investigation is warranted and in compliance with the Modified Handschu Guidelines. a. Indicate approval or disapproval of investigation and investigative technique(s) in written endorsement. b. Forward endorsement to Deputy Commissioner, Intelligence for final approval, if approved. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 REVISION NUMBER: PAGE: 08/01/13 3 of 18 DEPUTY COMMISSIONER, INTELLIGENCE 8. Review request, determine whether requested investigation is warranted and in compliance with these Guidelines. a. Indicate approval or disapproval of investigation and investigative technique(s) in written endorsement. INVESTIGATIVE UNIT ASSIGNED 9. Conduct approved investigation involving political activity according to the Constitution, the Handschu Consent Decree, the Guidelines for Investigations Involving Political Activity, and other applicable law and Department procedures. ASSIGNED INVESTIGATOR 10. 11. Confer with supervisor and prepare report of investigative activity. Submit completed report to supervisor. SUPERVISOR, INVESTIGATIVE UNIT ASSIGNED 12. Review report to verify that only approved investigative activity has been undertaken. Forward completed investigator’s report to Commanding Officer of Investigative Unit assigned. 13. COMMANDING OFFICER, INVESTIGATIVE UNIT ASSIGNED 14. Review all reports prepared by assigned investigator and verify that the investigation was conducted in compliance with the Guidelines. DEPUTY COMMISSIONER, INTELLIGENCE 15. Periodically review the progress of approved investigations to ensure that investigations are conducted in compliance with the Guidelines. Periodically advise the Police Commissioner concerning the status and outcome of investigations conducted under the Guidelines. ADDITIONAL DATA See attached Appendix A, Handschu Consent Decree, and Appendix B, Guidelines for Investigations Involving Political Activity. 16. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 REVISION NUMBER: PAGE: 08/01/13 4 of 18 APPENDIX A ADDITIONAL DATA (continued) HANDSCHU CONSENT DECREE; DECISION AND GUIDELINES 1. PURPOSE Pursuant to the settlement entered into by the Police Department in the case of Handschu, et al. v. Special Services Division, et al., the Department is required to comply with certain guidelines in investigative matters as set forth herein. 2. BACKGROUND OF HANDSCHU, et al. v. SPECIAL SERVICES DIVISION, et al. Handschu was commenced in 1971. The complaint alleged that certain intelligence gathering practice and conduct of the Department infringed upon the plaintiffs’ constitutional rights. Such conduct included infiltration, electronic surveillance, dossier collection, and improper dissemination of collected information. In order to resolve the issues raised in Handschu, the parties agreed to the implementation of certain guidelines which were commonly referred to as the Handschu Guidelines and which have been incorporated in the Patrol Guide since that time. Pursuant to a recent court order granting the Department’s request to modify those guidelines, the following “Modified Handschu Guidelines” (including the following “Guidelines for Investigations Involving Political Activity”) hereby replace the old guidelines, and are now in effect. 3. GUIDELINES I. GENERAL STATEMENT OF POLICY Activities of the New York City Police Department in the investigation of political activity will conform to constitutionally guaranteed rights and privileges. II. DEFINITIONS A. Political Activity - The exercise of a right of expression or association for the purpose of maintaining or changing governmental policies or social conditions. B. Authority - A board established pursuant to Section III of these guidelines. C. Investigation - A police activity undertaken to obtain information or evidence. III. AUTHORITY ESTABLISHED There is hereby established an Authority to conduct the review of records described in paragraph IV. It shall consist of three members who shall act as a body, to wit, the Deputy Commissioner - Legal Matters of the Police Department, the Chief of Internal Affairs of the Police Department, and a civilian member appointed by the Mayor upon consultation with the Police Commissioner for a term revocable at will. The decisions of the Authority as set forth herein shall be by majority vote. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 5 of 18 IV. REVIEW OF RECORDS TO DETERMINE COMPLIANCE A. At any time a person or member of a group or organization, having reason to believe that such person, group, or organization has been the subject of investigation of political activity which violates constitutionally guaranteed rights and privileges, may request in writing which sufficiently identifies the requesting party that the Authority make inquiry of the appropriate investigative officer of the NYPD. If the Authority’s inquiry reflects that the investigation was conducted in conformity with the Constitution, the Authority shall notify the requesting party that if an investigation was made, it was made in accordance with the Constitution. B. If the inquiry reveals or if the Authority otherwise becomes aware that an investigation was not conducted in conformity with the Constitution with respect to the requesting party, the Authority shall proceed as follows: (1) The Authority shall obtain all information and documents pertaining to the requesting party developed in the course of such investigation. (2) The Authority shall conduct or cause to be conducted an inquiry into the circumstances of such investigation with respect to the requesting party. (3) In the event the inquiry determines that such investigation with respect to the requesting party was not conducted in accordance with the Constitution, the Authority shall so notify the requesting party and submit a report to the Police Commissioner. 4. DATE OF EFFECT Effective immediately, no members of the service shall engage in an investigation of political activity except through the Intelligence Division. Requests for such investigations should be on Typed Letterhead addressed to the Commanding Officer, Intelligence Division. Where time is of the essence the request may be by telephone (646) 805-6400 to the Criminal Intelligence Section of the Intelligence Division. In all cases, members of the service concerned shall abide by the direction of the Intelligence Division. Such investigations shall be conducted pursuant to the “Guidelines for Investigations Involving Political Activity” set forth below. 5. INTERPRETATION Any member of the service who is uncertain whether a particular investigation constitutes an “investigation involving political activity” shall consult with the Legal Bureau. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 REVISION NUMBER: PAGE: 08/01/13 6 of 18 APPENDIX B GUIDELINES FOR INVESTIGATIONS INVOLVING POLITICAL ACTIVITY ADDITIONAL DATA (continued) PREAMBLE Subsequent to the terrorist attacks on the City of New York on September 11, 2001 which resulted in the loss of thousands of lives and the total destruction of the World Trade Center complex, it became apparent that the City faces unprecedented threats to its continued safety and security. In the view of federal, state and local law enforcement agencies, the prevention of future attacks requires the development of intelligence and the investigation of potential terrorist activity before an unlawful act occurs. As a result of a federal court order entered in 1985, the New York City Police Department was bound by guidelines, known as the Handschu Guidelines, which governed the investigation of political activity. The Handschu Guidelines (i) limited the investigation of political activity to those circumstances when there was specific information of criminal activity and (ii) established the Handschu Authority to oversee compliance. After evaluating the impact of the Handschu Guidelines on the need to investigate terrorism in a changed world, the City made an application to modify the order so as to eliminate the restrictions contained in the Handschu Guidelines and the oversight of the Handschu Authority with respect to those restrictions. The City did not seek to eliminate the Handschu Authority’s role to investigate an individual’s complaint that the NYPD had engaged in unconstitutional conduct in the investigation of political activity. The Court granted the City’s application to modify the decree provided the City adopt the internal guidelines set forth below and distribute the guidelines to supervisory personnel who, in turn, were to make them known to those under their command. These guidelines shall remain in effect unless otherwise ordered by the Court. These guidelines are binding on all members of the service who are engaged in the investigation of political activity. It is the purpose of these guidelines to enable officers to perform their duties with greater certainty, confidence and effectiveness while at the same time protecting the guarantees of the Constitution. I. STATEMENT OF POLICY It is the policy of the New York City Police Department that investigations involving political activity conform to the guarantees of the Constitution, that care be exercised in the conduct of those investigations so as to protect constitutional rights, and that matters investigated be confined to those supported by a legitimate law enforcement purpose. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 II. 7 of 18 GENERAL PRINCIPLES (1) In its effort to anticipate or prevent unlawful activity, including terrorist acts, the NYPD must, at times, initiate investigations in advance of unlawful conduct. It is important that such investigations not be based solely on activities protected by the First Amendment. When, however, statements advocate unlawful activity, or indicate an apparent intent to engage in unlawful conduct, particularly acts of violence, an investigation under these guidelines may be warranted, unless it is apparent, from the circumstances or the context in which the statements are made, that there is no prospect of harm. (2) Based upon the circumstances of a given case, investigative action may be required under exigent circumstances. Exigent circumstances are circumstances requiring action before authorization otherwise necessary under these guidelines can reasonably be obtained, in order to protect life or substantial property interests; to apprehend or identify a fleeing offender; to prevent the hiding, destruction or alteration of evidence; or to avoid other serious impairment or hindrance of an investigation. When any investigative action, taken under exigent circumstances, would require an approval under ordinary conditions, such approval shall be obtained as soon as practicable in accordance with the provisions of these guidelines. Where a regular approval or request is required to be in writing, the approval or request following exigent circumstances shall also be in writing. (3) Investigations shall be terminated when all logical leads have been exhausted and no legitimate law enforcement purpose justifies their continuance. III. APPLICABILITY These guidelines apply only to investigations which involve political activity. They do not apply to, or limit, other activities of the NYPD in the investigation or detection of unlawful conduct, the preservation of the peace and public safety or other legitimate law enforcement activities which do not involve political activity. IV. ROLE OF THE INTELLIGENCE DIVISION (1) Investigation of political activity shall be initiated by, and conducted under the supervision of the Intelligence Division. Nothing in this paragraph, however, is intended to prevent any member of the service from reporting his or her observations of suspicious conduct which involves political activity to his or her commanding officer or to the Intelligence Division. (2) The Deputy Commissioner of Intelligence shall periodically inform and advise the Police Commissioner concerning the status of any investigations conducted pursuant to these guidelines. V. LEVELS OF INVESTIGATION These guidelines provide for three levels of investigative activity. They are intended to provide the NYPD with the necessary flexibility to act well in advance of the commission of planned terrorist acts or other unlawful activity. However, if the NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 8 of 18 available information shows at the outset that the threshold standard for a Preliminary Inquiry or Full Investigation is satisfied, then the appropriate investigative activity may be initiated immediately, without progressing through more limited investigative stages. A. CHECKING OF LEADS The lowest level of investigative activity is the “prompt and extremely limited checking out of initial leads,” which should be undertaken whenever information is received of such a nature that some follow-up as to the possibility of unlawful activity is warranted. This limited activity should be conducted with an eye toward promptly determining whether further investigation (either a Preliminary Inquiry or a Full Investigation) should be conducted. B. PRELIMINARY INQUIRIES (1) In cases where the NYPD receives information or an allegation not warranting an investigation - because there is not yet a “reasonable indication” of unlawful activity - but whose responsible handling requires some further scrutiny beyond the prompt and extremely limited checking out of initial leads, the NYPD may initiate an “inquiry” in response to the allegation or information indicating the possibility of unlawful activity. Whether it is appropriate to open a Preliminary Inquiry immediately, or instead to engage first in a limited Checking of Leads, depends on the circumstances presented. Example : If the NYPD receives an allegation that an individual or group has advocated the commission of violence, and no other facts are available, an appropriate first step would be Checking of Leads to determine whether the individual, group, or members of the audience have the apparent ability or intent to carry out the advocated unlawful act. (2) The authority to conduct inquiries short of a Full Investigation allows the NYPD to respond in a measured way to ambiguous or incomplete information, with as little intrusion as the needs of the situation permit. This is especially important in such areas as where there is no complainant involved or when an allegation or information is received from a source of unknown reliability. Such inquiries are subject to the limitations on duration under paragraph (4) below and are carried out to obtain the information necessary to make an informed judgment as to whether a Full Investigation is warranted. Example: Officers are not required to possess information relating to an individual’s intended unlawful use of dangerous biological agents or toxins prior to initiating investigative activity. If an individual or group has attempted to obtain such materials, or has indicated a desire to acquire them, and the reason is not apparent, investigative action, such as conducting a Checking of Leads or initiating a Preliminary Inquiry, may be appropriate to determine whether there is a legitimate purpose for the possession of the materials by the individual or group. A Preliminary Inquiry is not a required step when facts or circumstances reasonably indicating unlawful activity are already available. In such cases, a Full Investigation can be immediately opened. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 9 of 18 (3) A Preliminary Inquiry may be authorized by the Commanding Officer or Executive Officer of the Intelligence Division, or the Commanding Officer of the Criminal Intelligence Section (“the Authorizing Officials”). The Authorizing Official must assure that the allegation or other information which warranted the inquiry has been recorded in writing. Upon such authorization a notification must be made for final approval by the Deputy Commissioner of Intelligence. (4) Inquiries shall be completed within 180 days after initiation of the first investigative step. The date of the first investigative step is not necessarily the same date on which the first incoming information or allegation was received. An extension of time in an inquiry for succeeding 90 day periods may be granted by the Deputy Commissioner of Intelligence. Any such request for extension shall be in writing and shall include a statement of the reasons why further investigative steps are warranted when there is no reasonable indication of unlawful activity. The action taken on any such request for extension shall also be recorded in writing. (5) All lawful investigative techniques, including the use of undercover operations and the development of sources and informants may be used in an inquiry except: (a) Mail openings; and, (b) Eavesdropping and Video Surveillance as those terms are defined in Article 700 of the New York State Criminal Procedure Law. (6) The following investigative techniques may be used in a Preliminary Inquiry without any prior authorization from a supervisor: (a) Examination of NYPD indices and files; (b) Examination of records available to the public and other public sources of information; (c) Examination of available federal, state and local government records; (d) Interview of complainant, previously established informants, and other sources of information; (e) Interview of the potential subject; (f) Interview of persons who should readily be able to corroborate or deny the truth of the allegation, except this does not include pretext interviews or interviews of a potential subject’s employer or coworkers unless the interviewee was the complainant; and (g) Physical, photographic or video surveillance of any person, provided that such surveillance does not require a warrant. The use of any other lawful investigative technique that is permitted in a Preliminary Inquiry shall meet the requirements and limitations of Part VI and, except in exigent circumstances, requires prior approval by a supervisor. (7) Where a Preliminary Inquiry fails to disclose sufficient information to justify an investigation, the NYPD shall terminate the inquiry and make a record of the closing. (8) All requirements regarding inquiries shall apply to reopened inquiries. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 ADDITIONAL DATA (continued) REVISION NUMBER: 08/01/13 C. PAGE: 10 of 18 FULL INVESTIGATION A Full Investigation may be initiated when facts or circumstances reasonably indicate that an unlawful act has been, is being, or will be committed. A Full Investigation may be conducted to prevent, solve or prosecute such unlawful activity. (1) The standard of “reasonable indication” is substantially lower than probable cause. In determining whether there is reasonable indication of an unlawful act an investigator may take into account any facts or circumstances that a prudent investigator would consider. However, the standard does require specific facts or circumstances indicating a past, current, or future violation. There must be an objective, factual basis for initiating the investigation; a mere hunch is insufficient. (2) Where an unlawful act may be committed in the future, preparation for that act can be a current violation of the conspiracy or attempt provisions of state law. The standard for opening an investigation is satisfied where there is not yet a current substantive or preparatory unlawful act, but facts or circumstances reasonably indicate that such unlawful conduct will occur in the future. (3) Any lawful investigative technique may be used in a Full Investigation, subject to the requirements and limitations of Part VI hereof. (4) Authorization and Renewal a. A Full Investigation may be authorized by the Commanding Officer or Executive Officer of the Intelligence Division or the Commanding Officer of the Criminal Intelligence Section (“the Authorizing Officials”) upon a written recommendation setting forth the facts or circumstances reasonably indicating that an unlawful act has been, is being or will be committed. Upon such authorization a notification must be made for final approval by the Deputy Commissioner of Intelligence. b. A Full Investigation may be initially authorized for a period of up to a year. An investigation may be continued upon renewed authorization for additional periods each not to exceed a year. Renewal authorization shall be obtained from the Deputy Commissioner of Intelligence. All requests for renewal authorization, and action thereon, shall be in writing. c. Authorizations shall be reviewed by an Authorizing Official before the expiration of the period for which the investigation and each renewal thereof is authorized. (5) An investigation which has been terminated may be reopened upon a showing of the same standard and pursuant to the same procedures as required for initiation of an investigation. All requirements regarding investigations shall apply to reopened investigations. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 ADDITIONAL DATA (continued) REVISION NUMBER: 08/01/13 D. PAGE: 11 of 18 TERRORISM ENTERPRISE INVESTIGATION A Terrorism Enterprise Investigation is a Full Investigation but differs from a general investigation of unlawful conduct in several important respects. As a general rule, an investigation of a completed unlawful act is normally confined to determining who committed that act and securing evidence to establish the elements of the particular offense. It is, in this respect, self-defining. A Terrorism Enterprise Investigation must determine the identity and nature of the individual, group, or organization involved, its geographic dimensions, its past acts and intended goals, including unlawful goals, and its capacity for harm, among other factors. While a standard investigation of unlawful conduct terminates with the decision to prosecute or not to prosecute, a Terrorism Enterprise Investigation does not necessarily end, even though one or more of the participants may have been prosecuted. In addition, groups and organizations provide a life and continuity of operation not normally found in other types of unlawful activity. As a consequence, these investigations may continue for several years. Furthermore, the focus of such investigations may be less precise than that directed against more conventional types of unlawful conduct. Unlike the usual case involving unlawful conduct, there may be no completed offense to provide a framework for the investigation. It often requires the fitting together of bits and pieces of information, many meaningless by themselves, to determine whether a pattern of unlawful activity exists. For this reason, such investigations are broader and less discriminate than usual, involving the interrelation of various sources and types of information. This section focuses on investigations of enterprises that seek to further political or social goals through activities that involve force or violence, or that otherwise aim to engage in terrorism or terrorism-related crimes. It authorizes investigations to determine the structure and scope of the enterprise as well as the relationship of the members. 1. General Authority a. A Terrorism Enterprise Investigation may be initiated when facts or circumstances reasonably indicate that two or more persons are engaged in an enterprise for the purpose of (i) furthering political or social goals wholly or in part through activities that involve force, violence or other unlawful acts; (ii) engaging in terrorism as defined in N.Y. Penal Law § 490.05, or (iii) committing any offense described in N.Y. Penal Law §§ 490.10, 490.15, 490.20, 490.25, 490.30, or 490.35, or other related statutes currently in effect or subsequently enacted. The standard of “reasonable indication” is identical to that governing Full Investigations generally. In determining whether an investigation should be conducted, the NYPD shall consider all of the circumstances including: (i) the magnitude of the threatened harm; (ii) the likelihood that it will occur; (iii) the immediacy of the threat; and (iv) any danger to privacy or free expression posed by an investigation. In practical terms, the “reasonable indication” standard for opening a Terrorism Enterprise Investigation could be satisfied in a number of ways. Example: Direct information about statements made in furtherance of an enterprise’s objectives which show a purpose of committing crimes described in N.Y. Penal Law §§ 490.10, 490.15, 490.20, 490.25, 490.30, 490.35 or other related statutes currently in effect or subsequently enacted, would satisfy the threshold. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-72 ADDITIONAL DATA (continued) DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 12 of 18 Example: Activities such as attempting to obtain dangerous biological agents, toxic chemicals, or nuclear materials, or stockpiling explosives or weapons, with no discernible lawful purpose, may be sufficient to reasonably indicate that an enterprise aims to engage in terrorism. b. While no particular factor or combination of factors is required, considerations that will generally be relevant to the determination whether the threshold standard for a Terrorism Enterprise Investigation is satisfied include, as noted, a group’s statements, its activities, and the nature of potential unlawful acts suggested by the statements or activities. Thus, where there are grounds for inquiry concerning a group, it may be helpful to gather information about these matters, and then to consider whether these factors, either individually or in combination, reasonably indicate that the group is pursuing terrorist activities or objectives as defined in the threshold standard. Findings that would weigh in favor of such a conclusion include, for example, the following: (1) Threats or advocacy of violence or other covered unlawful acts. Statements are made in relation to or in furtherance of an enterprise’s political or social objectives that threaten or advocate the use of force or violence, or statements are made in furtherance of an enterprise that otherwise threaten or advocate unlawful conduct within the scope of N.Y. Penal Law §§ 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, or other related statutes currently in effect or subsequently enacted which may concern such matters as (e.g.): (i) engaging in attacks involving or threatening massive loss of life or injury, mass destruction, or endangerment of the national security; (ii) killing or injuring public officials, or destroying public facilities, or defying lawful authority; (iii) killing, injuring or intimidating individuals because of their status as United States nationals or persons, or because of their national origin, race, color, religion or sex; or (iv) depriving individuals of any rights secured by the Constitution or laws of the United States or the State of New York. (2) Apparent ability or intent to carry out violence or other covered activities. The enterprise manifests an apparent ability or intent to carry out violence or other activities within the scope of N.Y. Penal Law §§ 490.10, 490.15, 490.20, 490.25, 490.30, 490.35 or other related statutes currently in effect or subsequently enacted, e.g.: (i) by acquiring or taking steps towards acquiring, biological agents or toxins, toxic chemicals or their precursors, radiological or nuclear materials, explosives or other destructive or dangerous material (or plans or formulas for such materials), or weapons, under circumstances where, by reason of the quantity or character of the items, the lawful purpose of the acquisition is not apparent; (ii) by the creation, maintenance, or support of an armed paramilitary organization; (iii) by paramilitary training; or NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 REVISION NUMBER: 08/01/13 (iv) ADDITIONAL DATA (continued) PAGE: 13 of 18 by other conduct demonstrating an apparent ability or intent to injure or intimidate individuals, or to interfere with the exercise of their constitutional or statutory rights. (3) Potential Unlawful Act. The group’s statements or activities suggest potential unlawful acts that may be relevant in applying the standard for initiating a Terrorism Enterprise Investigation - such as crimes under the provisions of the N.Y. Penal Law that set forth specially defined terrorism or support of terrorism offenses, or that relate to such matters as aircraft hijacking or destruction, attacks on transportation, communications, or energy facilities or systems, biological or chemical weapons, nuclear or radiological materials, assassinations or other violence against public officials or facilities, or explosives. c. Mere speculation that force or violence might occur during the course of an otherwise peaceable demonstration is not sufficient grounds for initiation of an investigation under this Subpart. But where facts or circumstances reasonably indicate that an individual or group has engaged or aims to engage in conduct described in paragraph 1.a. above in a demonstration, an investigation may be initiated in conformity with the standards of that paragraph. This does not limit the collection of information about public demonstrations by individuals or groups that are under active investigation pursuant to paragraph 1.a. above or any other provisions of these guidelines. 2. Purpose The immediate purpose of a Terrorism Enterprise Investigation is to obtain information concerning the nature and structure of the enterprise as specifically delineated in paragraph (3) below, with a view to the longer range objectives of detection, prevention, and prosecution of the unlawful activities of the enterprise. 3. Scope a. A Terrorism Enterprise Investigation initiated under these guidelines may collect such information as: the identity and nature of an individual or group and its members, their associates, and other persons likely to be acting in furtherance of its unlawful objectives, provided that the information concerns such persons’ activities on behalf of or in furtherance of the suspected unlawful activity of the individual, group, or organization; the finances of the individual, group, or organization; the geographical dimensions of the individual, group, or organization; and past and future activities and goals of the individual, group, or organization. (i) (ii) (iii) (iv) b. In obtaining the foregoing information, any lawful investigative technique may be used in accordance with the requirements of these guidelines. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 ADDITIONAL DATA (continued) REVISION NUMBER: 08/01/13 4. PAGE: 14 of 18 Authorization and Renewal a. A Terrorism Enterprise Investigation may be authorized by the Commanding Officer or Executive Officer of the Intelligence Division or the Commanding Officer of the Criminal Intelligence Section (“the Authorizing Officials”), upon a written recommendation setting forth the facts or circumstances reasonably indicating the existence of an enterprise as described in paragraph 1.a. above. Upon such authorization a notification must be made for final approval by the Deputy Commissioner of Intelligence. When exigent circumstances exist, as described in these guidelines, a Terrorism Enterprise Investigation may be commenced upon the verbal authorization of an Authorizing Official. However, in such cases, the required written recommendation must be submitted as soon as practicable. b. A Terrorism Enterprise Investigation may be initially authorized for a period of up to a year. An investigation may be continued upon renewed authorization for additional periods each not to exceed a year. Renewal authorization shall be obtained from the Deputy Commissioner of Intelligence. The request for renewal and action thereon shall be in writing. c. Authorizations shall be reviewed by an Authorizing Official before the expiration of the period for which the investigation and each renewal thereof is authorized. In some cases, the enterprise may meet the threshold standard but be temporarily inactive in the sense that it has not engaged in recent acts of violence or other unlawful activities as described in 1.a., nor is there any immediate threat of harm yet the composition, goals and prior history of the group suggest the need for continuing law enforcement interest. The investigation may be continued in such cases with whatever scope is warranted in light of these considerations. d. An investigation which has been terminated may be reopened upon a showing of the same standard and pursuant to the same procedures as required for initiation of an investigation. VI. INVESTIGATIVE TECHNIQUES (1) When conducting investigations under these guidelines, the NYPD may use any lawful investigative technique permitted by these guidelines. The choice of investigative techniques is a matter of judgment, which should take account of: (i) the objectives of the investigation and available investigative resources; (ii) the intrusiveness of a technique, considering such factors as the effect on the privacy of individuals and potential damage to reputation; (iii) the seriousness of the unlawful act; and (iv) the strength of the information indicating its existence or future commission of the unlawful act. (2) Where the conduct of an investigation presents a choice between the use of more or less intrusive methods, the NYPD should consider whether the information could be obtained in a timely and effective way by the less intrusive means. The NYPD should not hesitate to use any lawful techniques consistent with these guidelines in an investigation, even if intrusive, where the intrusiveness is warranted in light of the NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 ADDITIONAL DATA (continued) REVISION NUMBER: 08/01/13 PAGE: 15 of 18 seriousness of the crime or the strength of the information indicating its existence or future commission. This point is to be particularly observed in investigations relating to terrorist activities. (3) Authorized methods in investigations include, among others, use of confidential informants, undercover activities and operations, eavesdropping and video surveillance (as defined in Article 700 of the NY Criminal Procedure Law), pen registers and trap and trace devices, consensual electronic monitoring, and searches and seizures. a. Undercover Operations (i) Undercover operations, including confidential informants, may be used when such operations are the most effective means of obtaining information, taking into account all the circumstances of the investigation, including the need for the information and the seriousness of the threat. The use of undercovers and confidential informants must be authorized by the Deputy Commissioner of the Intelligence Division prior to commencement of the undercover operation. The request to use undercovers or confidential informants and action taken on the request must be in writing and must include a description of the facts on which the investigation is based and the role of the undercover. (ii) The use of an undercover or confidential informant will be approved for a period of 120 days and may be extended for additional periods of 120 days with the approval of the Deputy Commissioner of the Intelligence Division. Such extensions may be approved for as long as the investigation continues and the use of the undercover is the most effective means of obtaining information. The request to extend the use of undercovers and action taken on the request must be in writing and must include the reason for the extension. (iii) Undercovers are strictly prohibited from engaging in any conduct the sole purpose of which is to disrupt the lawful exercise of political activity, from instigating unlawful acts or engaging in unlawful or unauthorized investigative activities. b. Eavesdropping and Video Surveillance (as defined in Article 700 of the NY Criminal Procedure Law), Pen Registers and Trap and Trace Devices, and Consensual Electronic Monitoring (i) All requirements for the use of such methods under the Constitution, applicable statutes, and NYPD regulations or policies must be observed. (4) Whenever an individual is known to be represented by counsel in a particular matter, the NYPD shall follow applicable law and Department procedure concerning contact with represented individuals in the absence of prior notice to their counsel. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 ADDITIONAL DATA (continued) REVISION NUMBER: 08/01/13 PAGE: 16 of 18 VII. DISSEMINATION AND MAINTENANCE OF INFORMATION A. Dissemination The NYPD may disseminate information obtained during the Checking of Leads, Preliminary Inquiries and investigations conducted pursuant to these guidelines to federal, state or local law enforcement agencies, or local criminal justice agencies when such information: (i) falls within the investigative or protective jurisdiction or litigative responsibility of the agency; (ii) may assist in preventing an unlawful act or the use of violence or any other conduct dangerous to human life; (iii) is required to be disseminated by interagency agreement, statute, or other law. B. Maintenance All documentation required under these Guidelines shall be maintained by the Intelligence Division in accordance with general police department practice and applicable municipal record retention and destruction rules, regulations and procedures. Under these rules and practices documents are retained for no less than five years. VIII. COUNTERTERRORISM ACTIVITIES AND OTHER AUTHORIZATIONS In order to carry out its mission of preventing the commission of terrorist acts in or affecting the City of New York and the United States and its people, the NYPD must proactively draw on available sources of information to identify terrorist threats and activities. It cannot be content to wait for leads to come in through the actions of others, but rather must be vigilant in detecting terrorist activities to the full extent permitted by law, with an eye towards early intervention and prevention of acts of terrorism before they occur. This Part accordingly identifies a number of authorized activities which further this end, and which can be carried out even in the absence of a checking of leads, Preliminary Inquiry, or Full Investigation as described in these guidelines. The authorizations include both activities that are specifically focused on terrorism and activities that are useful for law enforcement purposes in both terrorism and nonterrorism contexts. The authorized law enforcement activities of the NYPD include carrying out and retaining information resulting from the following activities. A. COUNTERTERRORISM ACTIVITIES 1. Information Systems The NYPD is authorized to operate and participate in identification, tracking, and information systems for the purpose of identifying and locating potential terrorists and supporters of terrorist activity, assessing and responding to terrorist risks and threats, or otherwise detecting, prosecuting, or preventing terrorist activities. Systems within the scope of this paragraph may draw on and retain pertinent information from any source permitted by law, including information derived from past or ongoing NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 ADDITIONAL DATA (continued) REVISION NUMBER: 08/01/13 PAGE: 17 of 18 investigative activities; other information collected or provided by governmental entities, such as foreign intelligence information and lookout list information; publicly available information, whether obtained directly or through services or resources (whether nonprofit or commercial) that compile or analyze such information; and information voluntarily provided by private entities. Any such system operated by the NYPD shall be reviewed periodically for compliance with all applicable statutory provisions and Department regulations and policies. 2. Visiting Public Places and Events For the purpose of detecting or preventing terrorist activities, the NYPD is authorized to visit any place and attend any event that is open to the public, on the same terms and conditions as members of the public generally. No information obtained from such visits shall be retained unless it relates to potential unlawful or terrorist activity. B. OTHER AUTHORIZATIONS 1. General Topical Research The NYPD is authorized to carry out general topical research, including conducting online searches and accessing online sites and forums as part of such research on the same terms and conditions as members of the public generally. “General topical research” under this paragraph means research concerning subject areas that are relevant for the purpose of facilitating or supporting the discharge of investigative responsibilities. It does not include online searches for information by individuals’ names or other individual identifiers, except where such searches are incidental to topical research, such as searching to locate writings on a topic by searching under the names of authors who write on the topic, or searching by the name of a party to a case in conducting legal research. 2. Use of Online Resources Generally For the purpose of developing intelligence information to detect or prevent terrorism or other unlawful activities, the NYPD is authorized to conduct online search activity and to access online sites and forums on the same terms and conditions as members of the public generally. 3. Reports and Assessments The NYPD is authorized to prepare general reports and assessments concerning terrorism or other unlawful activities for purposes of strategic or operational planning or in support of other legitimate law enforcement activities. IX. PROTECTION OF PRIVACY AND OTHER LIMITATIONS A. General Limitations The law enforcement activities authorized by this Part do not include maintaining files on individuals solely for the purpose of monitoring activities protected by the First Amendment or the lawful exercise of any other rights secured by the Constitution or laws of the United States. Rather, all such law enforcement activities NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-72 08/01/13 REVISION NUMBER: PAGE: 18 of 18 must have a valid law enforcement purpose and must be carried out in conformity with all applicable statutes and Department regulations and policies. ADDITIONAL DATA (continued) B. Construction of Part This Part does not limit any activities authorized by or carried out under other Parts of these guidelines. The specification of authorized law enforcement activities under this Part is not exhaustive, and does not limit other authorized law enforcement activities of the NYPD. X. RESERVATION Nothing in these guidelines shall limit the general reviews or audits of papers, files, contracts, or other records in the possession of the NYPD or City of New York, or the performance of similar services at the specific request of another government agency. Such reviews, audits, or similar services must be for the purpose of detecting or preventing violations of law which are within the investigative responsibility of the NYPD. Nothing in these guidelines is intended to limit the NYPD's responsibilities to investigate certain applicants and employees, or to pursue efforts to satisfy any other of its legal rights, privileges, or obligations. These guidelines are set forth solely for the purpose of internal NYPD guidance. They are not intended to, do not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal, nor do they place any limitation on otherwise lawful investigative and litigative prerogatives of the NYPD or City of New York. RELATED PROCEDURES Citywide Intelligence Reporting System (P.G 212-12) Communications Between the Intelligence Division and Units in the Field Regarding Suspected Terrorist Activity (P.G. 212-110) Guidelines for the Use of Video/Photographic Equipment by Operational Personnel at Demonstrations (P.G. 212-71) NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-73 BICYCLE REGISTRATION PROGRAM DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To enroll bicycles in the Bicycle Registration Program which has been established in each patrol precinct. SCOPE A precinct crime prevention officer or counterpart is responsible for coordinating the Department’s Bicycle Registration Program. Bicycle owners, both private and commercial (messenger services, etc.), are encouraged to enroll in the registration program. In addition, all New York City Police Department bicycles will be enrolled in this program. PROCEDURE Whenever a member of the service registers a bicycle: MEMBER OF THE SERVICE CONCERNED 1. 2. Mark with engraving tools. a. Use a three digit number indicating precinct designation followed by a four digit number, in numerical sequence of enrollment (e.g., 103-0001). b. Place registration number on underside of frame, or other main component. Establish a Bicycle Registration Log, utilizing a Department record book, or computerized data base with the following information: REGISTRATION NUMBER MAKE DATE OWNER’S NAME MODEL ADDRESS MANUFACTURER’S SERIAL NO. (if any) APARTMENT NUMBER COLOR TELEPHONE NUMBER REMARKS AT TIME OF REGISTRATION MEMBER OF THE SERVICE CONCERNED 3. 4. Inform owner to notify the precinct of registration when bicycle is sold, transferred or discarded. Enter this fact in “remarks” column of the log. SALE OR TRANSFER OF A REGISTERED BICYCLE TO A NEW OWNER MEMBER OF THE SERVICE CONCERNED 5. NOTE In either instance, the crime prevention officer, counterpart will cross-reference the old registration number in the “remarks” column when making required entries in the log. 6. 7. Engrave the letter “A”, after the previously issued registration, if bicycle is being registered in the same precinct, OR Etch out old registration number and engrave new number, if being registered in other than original precinct of registration. Prepare COMPLAINT REPORT (PD313-152) for lost or stolen bicycle. a. Determine whether bicycle was previously registered in Bicycle Registration Program. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-73 REVISION NUMBER: PAGE: 08/01/13 2 of 3 IF REGISTERED LOST/STOLEN BICYCLE IS INVOLVED MEMBER OF THE SERVICE CONCERNED (continued) 8. Comply with the following: a. Contact the desk officer, precinct of registration, to obtain the registration serial number and verify the description. b. Enter the complete Bicycle Registration Number in the “Details” section of the COMPLAINT REPORT. c. Ensure COMPLAINT REPORT indicates duplicate copy to the Stolen Property Inquiry Section (S.P.I.S.) so that an alarm can be transmitted for the lost/stolen registered bicycle. d. Notify desk officer, precinct of registration, to make an entry in the “Remarks” section of the Bicycle Registration Log or computerized database, indicating the loss/theft of the bicycle and the precinct COMPLAINT REPORT number. UPON RECOVERY OF REGISTERED BICYCLE MEMBER OF THE SERVICE CONCERNED 9. Do the following: a. Make an “article inquiry” via FINEST by using the NYSPIN Information Function, as follows: (1) Enter I before AINQ (2) Enter BICYCL after Type____ (3) Enter MAKE OF BICYCLE after Brand____ (4) Enter SERIAL NUMBER after SER____. b. Ensure duplicate copy of COMPLAINT FOLLOW-UP (PD313-081) is forwarded to Stolen Property Inquiry Section, if alarm was transmitted for the recovered bicycle. c. Determine owner of recovered bicycle from precinct where bicycle was registered. d. Have owner notified. e. Notify desk officer, precinct of registration, to make entry in “Remarks” section of the Bicycle Registration Log, indicating precinct voucher number. REMOVAL OF DERELICT BICYCLE MEMBER OF THE SERVICE CONCERNED 10. Maintain a Derelict Bicycle Removal Log, utilizing a separate section of the Department record book containing the Bicycle Registration Log or computerized database with the following information: LOCATION COMMAND SERIAL # REMOVED BY REMARKS 11. BICYCLE DESCRIPTION DATE NOTICE AFFIXED DATE REMOVED Record details of derelict bicycle removal in Log when notified by New York City Department of Sanitation (DSNY). a. Inform appropriate members of command of bicycle removal. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-73 REVISION NUMBER: PAGE: 08/01/13 3 of 3 MEMBER OF THE SERVICE CONCERNED (continued) 12. Check Log when receiving complaint of stolen bicycle to ensure bicycle was not removed and disposed of by DSNY. ADDITIONAL DATA Once DSNY makes the determination that a bicycle is derelict, a notice shall be affixed to the bicycle advising the owner that such bicycle must be removed within seven days from the date of the notice. This notice shall also state that the failure to remove such bicycle within the designated time period will result in the removal and disposal of the derelict bicycle by the DSNY. Once the derelict bicycle has been removed, DSNY will notify the precinct concerned of the removal. DSNY is not authorized to remove for disposal from public property any “ghost bike” (i.e., a bicycle that has been placed on public property and apparently intended as a memorial for someone who is deceased) or bicycles that do not meet the derelict bicycle criteria (i.e., a bicycle that appears to be crushed or not usable, is missing parts, other than the seat and front wheel, has flat or missing tires, handlebars or pedals are damaged, or the existing forks, frames or rims are bent; or seventy-five percent or more of the bicycle, which includes the handlebars, pedals and frames are rusted, along with any chain affixing such bicycle to public property, etc.). Additionally, nothing in this rule shall be interpreted to preclude the immediate removal of any bicycle, including, but not limited to, a derelict bicycle or ghost bike, or the taking of any other action by any City agency, if the presence of such bicycle creates a dangerous condition by restricting vehicular or pedestrian traffic or is otherwise in violation of the law. ALL Police Department issued bicycles must be enrolled in this program. The bicycles will be engraved with the prefix NYPD followed by the three digit precinct designation and four digit precinct sequential number (e.g., NYPD 103-0001, indicates first bicycle registered in the 103rd Precinct is a Department issued bicycle assigned to the 103rd Precinct). Bicycles assigned to non-precinct units will be engraved with the prefix NYPD and their three digit command code followed by the registering precincts four digit sequential number. Commanding officers of all Housing Bureau patrol service areas equipped with bicycles, and other non-patrol service area units, shall establish Bicycle Registration Programs, internally, for all Department owned bicycles. Housing Bureau bicycles will have “HB” and registry number engraved on the bottom of the bicycle. Precinct commanding officers shall conduct bicycle registration drives during the months of May and September, each year. Uniformed members of the service assigned to bicycle patrol duties, auxiliary police and police explorers, may be utilized to assist in the Bicycle Registration Program drives. The precinct crime prevention officer/counterpart shall register bicycles upon request on a year-round basis. In addition, the precinct crime prevention officer/counterpart will ensure that the Bicycle Registration Log (Department record book or computerized database) is available to the desk officer at all times. FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD 313-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-74 COMMUNITY NOTIFICATION PROTOCOL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To inform community leaders and organizations in the event of an incident of an unusual, newsworthy, or sensitive nature that has the potential for community concern and/or unrest. SCOPE Precinct/police service area/district commanding officers are responsible for keeping community organizations and leaders informed of local conditions and occurrences. The commanding officer or designee will be required to notify community leaders of an event as described above, and the police reaction to the event. Said community leaders should include, but not be limited to, local elected officials, community board chairpersons, district managers, precinct community council board members, civic leaders, members of the clergy, superintendents and principals of local schools or school districts, local business leaders or merchant groups, tenant groups, block association leaders, City or State agencies headquartered within the precinct boundaries, etc. The primary responsibility for notifying the community leaders rests with the precinct/police service area/district commanding officer concerned. Although certain incidents may require the involvement of the borough/bureau command, this will not relieve the precinct/police service area/district commander from keeping local community leaders informed. PROCEDURE To create a list of community leaders to be notified in the event of an incident of an unusual, newsworthy, or sensitive nature that has the potential for community concern and/or unrest and to perform said notifications, if necessary. COMMANDING 1. OFFICER NOTE Direct the preparation of a roster of community leaders and organizations to be notified in conjunction with this procedure. a. Roster should include the following captions: (1) Name (2) Organization (3) Contact person (if other than “[1]” above) (4) Telephone number (office/home) (5) Pager/beeper/cell phone number (6) Address Copies of the community notification roster should be maintained at the desk, the community affairs office, and the community policing unit office for immediate access. In addition, the commanding officer must have a copy at all times. Copies of the rosters should be forwarded to the borough concerned, and the Operations Unit, as well as to the Office of the Chief, Community Affairs, through channels. IN THE EVENT THAT COMMUNITY NOTIFICATIONS ARE REQUIRED MEMBER OF THE SERVICE 2. Notify community leaders/organizations concerned of event and pertinent background information, as directed by the commanding officer/duty captain. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-74 REVISION NUMBER: PAGE: 08/01/13 2 of 2 NOTE Not all community leaders or organizations need to be notified in all situations. The nature of the event will dictate who is to be notified. In addition, commanding officers concerned will determine the method of notification, e.g., telephone call, page, fax, face-to-face notification, etc., as well as which member of the service will make the notifications. Information that is considered to be confidential will not be divulged. MEMBER OF THE SERVICE 3. ADDITIONAL DATA Command and borough executives should share information regarding the operation of the precinct/police service area/district. The assignment of new commanding officers, supervisors, and police officers should be publicized to local community leaders. Document time of notification on the community notification roster. a. Utilize the roster prepared as per step 1, above, to document notifications. In addition, note the time notified and the member of the service making the notification on the roster concerned. Commanding officers should encourage community leaders and organizations to share information, such as unscheduled events and demonstrations that are unusual, newsworthy or sensitive in nature, that have the potential for community concern/unrest, and incidents which have occurred in the past without prior knowledge of the local command. The use of e-mail newsletters, discussion lists, and the Department’s web site is encouraged. Their use should also be explored for the dissemination of information and non-emergency notifications to community members. THIS SHOULD NOT TAKE THE PLACE OF PERSONAL CONTACT IN MORE SERIOUS MATTERS. Commanding officers will ensure that information contained on the community notification roster is updated as needed and updated information is forwarded to the borough concerned, the Operations Unit and the Office of the Chief, Community Affairs. It is important to maintain regular contact with community leaders regardless of the occurrence of a major event. In the absence of major events, opportunities should be created to interact with community leaders. Non-Department related incidents or minor police incidents can present excellent opportunities to create such interactions and maintain a dialogue with the community. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-75 SEARCH WARRANT APPLICATIONS DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 6 PURPOSE To apply for a search warrant based on timely and accurate intelligence. DEFINITIONS SEARCH WARRANT - a court order and process directing a police officer to conduct a search of designated premises, or of a designated vehicle, or of a designated person, for the purpose of seizing designated property or kinds of property, and to deliver any property so obtained to the court which issued the warrant. A search warrant may also authorize the search of a designated premises for a person who is the subject of an arrest warrant. This procedure is intended to apply, however, only to search warrants that authorize a search for property. SEARCH WARRANT APPLICATION - comprised of two documents: a. SEARCH WARRANT which is typically a one page form that describes the location to be searched and items to be seized; and b. SEARCH WARRANT AFFIDAVIT which is a sworn, detailed, written statement by the police officer asserting that certain facts exist that the applicant believes establish probable cause that the place to be searched contains particular contraband or evidence. NOTE The Criminal Procedure Law lists the following categories of property as subject to seizure pursuant to a search warrant: a. Stolen property b. Unlawfully possessed or contraband c. Used or possessed for the purpose of committing or concealing a crime d. Evidence which tends to demonstrate that an offense was committed or that a particular person participated in the commission of an offense. PROCEDURE When a uniformed member of the service has established probable cause to believe that seizeable property is present at a particular location: UNIFORMED MEMBER OF THE SERVICE 1. 2. NOTE All members of the service prior to applying for a search warrant must conduct a Secure Automated Fast Event Tracking Network (SAFETNet) check. After check is completed, a SAFETNet control number will be given to the requesting member of the service. The District Attorney’s Office will NOT process a search warrant application without a SAFETNet control number and an Intelligence Data System (IDS) record number. SUPERVISOR CONCERNED 3. 4. Confer with immediate supervisor and commanding officer. Conduct interviews, collect statements and obtain all other evidence that is to be presented when applying for a search warrant. Investigate the target location: a. Conduct reconnaissance and surveillance b. Verify the target location by photo, diagram or other means. Evaluate, confirm and document all information gathered prior to being submitted to commanding officer for approval. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-75 REVISION NUMBER: PAGE: 10/16/13 2 of 6 When probable cause for a search warrant is based on information from confidential informants/civilian witnesses the immediate supervisor of the member of service will personally witness the interview and verify the target location with the informant by photograph, diagram or other means. NOTE In addition, the supervisor witnessing the interview of the informant will ensure that information regarding any other criminal matter known to the informant is also elicited in accordance with P.G. 212-68, “Confidential Informants.” Members of the service must make every effort to corroborate information provided by informants through reconnaissance, surveillance and records checks. The Legal Bureau may be consulted for advice and guidance. 5. Prepare a report on Typed Letterhead addressed to the commanding officer, command concerned and include: a. The background checks performed via computer/other means on confidential informants and subjects (see ADDITIONAL DATA section, “Background Checks Which Must Be Conducted Prior To The Execution Of A Search/Arrest Warrant”). b. Any circumstances that suggest that the search warrant must be executed as soon as possible (e.g., a large cache of firearms or drugs is present and is about to be moved). c. Results of reconnaissance and verification of the target location and methods used (e.g., photo, diagram, or other means). d. Indication that, if a confidential informant/civilian witness provided any aspect of probable cause, a supervisory officer personally witnessed the interview. Ensure that the informant/witness is not identified by name. e. Justification for any request for nighttime or “no-knock” authorization. f. Any other pertinent information. COMMANDING 6. OFFICER CONCERNED 7. Review the supervisor’s report, compare it with all information gathered during the search warrant application process and include report in investigative file. Give special scrutiny to cases where probable cause has been established based on the statements of a confidential informant/witness, and: a. The contraband/subject in question was not actually observed. b. Several days have elapsed since contraband/subject was observed. c. The confidential informant has been registered on an emergency/contingency basis and is citing exigent circumstances requiring an immediate response from the police. Forward all information to the Borough Executive Officer/counterpart (e.g.; Narcotics Borough Executive Officer, Detective Borough Executive Officer, Patrol Borough Executive Officer, etc.) concerned for review. SUPERVISOR CONCERNED (continued) 8. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-75 REVISION NUMBER: PAGE: 10/16/13 3 of 6 NOTE If the borough executive officer is unavailable, information will be forwarded to the borough commanding officer. When exigent circumstances exist, duty chief may be contacted for approval. BOROUGH EXECUTIVE OFFICER/ COUNTERPART 9. 10. NOTE If warrant is to be executed by a Patrol Services Bureau command in another patrol borough, the approval of both borough commanding officers is necessary. When a command in any other bureau is applying for a search warrant to be executed in another jurisdictional borough, the executive officer/counterpart of that borough must be consulted with, e.g., Manhattan North Narcotics applying to execute a search warrant in the Bronx, the executive officer/counterpart of Manhattan North Narcotics will consult with the executive officer/counterpart of Bronx Narcotics. Confer with the commanding officer, command requesting the warrant. Evaluate all information pertaining to the request for a search warrant and indicate one of the following by endorsement: a. Grant permission to apply for search warrant; OR b. Return search warrant request for further development; OR c. Disapprove search warrant request. For investigations under the purview of the Internal Affairs Bureau and the Deputy Commissioner, Counterterrorism, SAFETNet inquiries and/or conferrals with other units, commands, or agencies will be conducted in a manner prescribed by the Chief of Internal Affairs or Deputy Commissioner, Counterterrorism, as appropriate, so as not to compromise internal or sensitive investigations. In all cases, specialized units such as the Narcotics Division, Firearms Investigation Unit, etc. will be conferred with prior to the execution of a warrant when the subject of the warrant falls within their functional jurisdictions. COMMANDING 11. 12. OFFICER CONCERNED 13. NOTE File folder at command if disapproved. If returned for further development, comply with instructions of borough executive officer/counterpart. If approved, prior to contacting county District Attorney’s Office to apply for the search warrant, ensure that the WARRANT TRACKING SYSTEM-PRE-WARRANT DATA ENTRY (PD374-143) has been prepared and faxed to the Intelligence Bureau, Public Security Section for input into the centralized search warrant database; AND, obtain an IDS record number. (See ADDITIONAL DATA section “Notification to Intelligence Bureau, Public Security Section” for special procedures and exceptions.) a. Confirm receipt of WARRANT TRACKING SYSTEM-PREWARRANT DATA ENTRY by the Intelligence Bureau, Public Security Section by telephone. The District Attorney’s Office will NOT process a search warrant without a SAFETNet control number and an IDS record number NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-75 PAGE: 10/16/13 COMMANDING 14. OFFICER CONCERNED (continued) ADDITIONAL DATA REVISION NUMBER: 4 of 6 After obtaining a SAFETNet control number and an IDS record number from the Intelligence Bureau, Public Security Section, direct member concerned to contact the District Attorney’s Office for preparation of the Search Warrant Application if approved at borough level. a. If application is disapproved by the District Attorney or court, endorse Typed Letterhead (prepared as per step 5) to the borough executive officer/counterpart and include in endorsements reasons for disapproval and file a copy in command. b. Notify the Intelligence Bureau, Public Security Section by telephone for inclusion of the details regarding the disapproved Search Warrant Application in the citywide database. c. If approved by District Attorney, comply with provisions of P.G. 212-105, “Search Warrant Execution.” NOTIFICATIONS TO THE INTELLIGENCE BUREAU, PUBLIC SECURITY SECTION The notification to the Intelligence Bureau, Public Security Section shall apply to all units obtaining search warrants (Patrol Services, Detective Bureau, O.C.C.B., Joint Task Forces, etc.). However, should a specific legal concern arise with respect to entering search warrant information into the database, the member concerned shall confer with the Legal Bureau prior to contacting the Intelligence Bureau, Public Security Section. In the event the advice is provided by the Legal Bureau not to make data entry, such consultation shall be noted in the case file along with the specific basis for the advice, e.g., Grand Jury action. Additionally, in situations where a search warrant is based on extremely sensitive information, e.g. counter terrorism, internal investigations, etc., in order to exclude the search warrant from inclusion in the database, the member of the service must receive written permission from the Bureau Chief/Deputy Commissioner concerned. This documentation will be included in the case file. In instances where a member of this Department, assigned to specialized units including but not limited to a Joint Task Force or a District Attorney’s Office Squad, may participate in the execution of a search warrant but not be an affiant to a search warrant application affidavit, such member is required to follow the contents of this procedure. If a member of this Department, assigned to a Joint Task Force, etc., is directed by a supervisor from another agency not to make the notifications required by this directive, such member shall immediately notify the Bureau Chief/Deputy Commissioner concerned. BACKGROUND CHECKS WHICH MUST BE CONDUCTED AS PART OF THE SEARCH WARRANT APPLICATION PROCESS: SECURE AUTOMATED FAST EVENT TRACKING NETWORK (SAFETNet) – SAFETNet alerts investigators to any active or open cases either at the target location or involving the target subject which are being conducted by other law enforcement personnel. If a SAFETNet check shows another investigation at the location, a conferral with the investigating unit should be made, and investigative information garnered by the requestor passed on to that unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-75 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 5 of 6 NARCOTICS INVESTIGATIVE TRACKING OF RECIDIVIST OFFENDERS (NITRO) – lists persons arrested within the location or area for narcotic related offenses. Nitro also reveals any active or closed kites at the location. An original copy of the COMPLAINT REPORT (PD 313-152) can be obtained at the Field Operation Desk. COMPUTER CRIMINAL HISTORY (CCH) – more commonly known as a “rap sheet”. The CCH can be obtained from various sources: NYSPIN, Enforcer 2000 terminal, Department of Criminal Justice Services, preparing and submitting a REQUEST FOR RECORDS CHECK (PD 349-161) to the Identification Section. COMPUTER ASSISTED ROBBERY SYSTEM (CARS) – this system searches Index Crime Complaints, State Parole, City and State Corrections, Warrant Cards, Nickname file, and Career Criminals. BETA – system utilized to verify New York City criminal records dating back to the early 1960’s including persons fingerprinted in New York City criminally and civilly, such as pistol permits, and police/correction applications. AUTOMATED DB2 WARRANT SYSTEM (REPLACED WARG/WOLF) – reveals persons who have active warrants and the status of the warrant investigation. COURT RECORD INFORMATION MANAGEMENT SYSTEM (CRIMS) – this system verifies active court cases and the scheduled appearances of a defendant. It informs personnel whether a subject is incarcerated or released. DEPARTMENT OF MOTOR VEHICLES (DMV) – will provide a motorist and vehicle history. SPRINT – a check of this system will list all calls for service at the location in question for a specific time period. PHOTO IMAGING MODULE (PIM) – allows the investigator to obtain photo identifications of suspects at the location of the search warrant. COMPLAINT ADDRESS TRACKING SYSTEM (CATS) – system designed to ascertain if anyone residing at the subject location has reported offenses (COMPLAINT REPORTS) to this Department. WARRANT INQUIRY (WINQ) – ascertains if an individual may be wanted outside of New York City. This check searches the state and federal wanted databases. A review of the COLES directory (utilize internet, ANYWHO.COM, AUTOTRACK.COM, LEXIS-NEXIS). Conferral with the License Division to determine if there is a licensed gun owner residing at the subject location. Conferrals with Key Span Energy and Consolidated Edison (gas and electric utilities) to reveal billing to the target location. When warrants are to be executed within a Housing Authority Development, a “Tenant Data Check” for the subject apartment will be conducted. Such a check would disclose the tenant of record for the subject apartment. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-75 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 6 of 6 Any other pertinent intelligence regarding persons/premises involved. ADDITIONAL DATA (continued) ORAL APPLICATION FOR SEARCH WARRANT Section 690.36 of the Criminal Procedure Law allows for applications for search warrants to be made orally. When the arraignment part of the local criminal court is closed and the situation is of such urgency that it cannot be secured until the court reopens, member concerned shall contact their borough executive officer/counterpart or, if unavailable, duty chief through their immediate supervisor. The Legal Bureau is available for assistance and guidance in this matter. If Legal Bureau is closed, the member will adhere to P.G. 211-20, “Conferral with Department Attorney.” RELATED PROCEDURES Confidential Informants (P.G. 212-68) Search Warrant Execution (P.G. 212-105) Conferral with Department Attorney (P.G. 211-20) FORMS AND REPORTS WARRANT TRACKING SYSTEM- PRE-WARRANT DATA ENTRY (PD374-143) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR RECORDS CHECK (PD349-161) COMPLAINT REPORT (PD313-152) Search Warrant Application Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-76 INFORMATION CONCERNING OFFICIAL BUSINESS OF DEPARTMENT DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To facilitate the proper release of information concerning official Department business. PROCEDURE Upon receiving request for information about Department business: 1. Treat official business of the Department as confidential. 2. Understand clearly the right of the public to be informed on matters of public interest. 3. Exercise discretion when divulging authorized information. 4. Release information to a properly identified representative of: AGENCY INFORMATION CONCERNING Department of Citywide Administrative Services Official business of that agency U.S. Civil Service Commission Applicant for a federal position N.Y.S. Division of Parole (request from the area director) Persons arrested State Liquor Authority Persons arrested or summonsed who are applicants for or holders of state liquor licenses. Persons arrested or summonsed in premises licensed by the State Liquor Authority or in the vicinity of the premises when the cause of the arrest or summons originated there. Premises licensed, or for which an application has been made under the Alcoholic Beverage Control Law. Waterfront Commission of New York Harbor Person licensed Commission Crime Victims Compensation Board Official business of that agency N.Y.C. Department or agency An employee of that department or agency only if the City is not likely to become a party to an action arising out of the incident. In such cases, the investigator will be referred to the Corporation Counsel. or NEW YORK CITY POLICE DEPARTMENT registered by PATROL GUIDE PROCEDURE NUMBER: 212-76 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 3 NOTE When information is given to other than a representative of the press, an entry identifying the person and the subject will be made in the Command Log. A text reference to the entry will be made in the margin of the record concerned. ADDITIONAL DATA Requests from government agencies, private organizations, institutions of higher education, etc., for statistics, surveys, samples and other types of information concerning the Department will be forwarded to the Office of Management Analysis and Planning for preparation of a Department response. ROUTINE INQUIRIES: Many requests, particularly those coming to Patrol Services Bureau commands, are of a routine nature. Local commanders are expected to respond to such requests as directed by this procedure, ensuring that responses are accurate and in accord with Department policy. UNUSUAL OR TIME CONSUMING REQUESTS: Some requests involve surveys or samples and may be time consuming; others may be related to business of the entire Department or involve broad policy questions. Local commanders should not ordinarily undertake data gathering research to answer a request from outside the Department when it will impair their ability to perform their primary function. Time consuming requests, those involving the business of the entire Department and those which raise policy questions, should be forwarded to the Office of Management Analysis and Planning for preparation of an appropriate response. Office of Management Analysis and Planning will confer with Deputy Commissioner - Public Information on matters regarding Department policy on release of information. Where additional guidance is deemed necessary to classify a particular request as routine or unusual, a commanding officer may contact the Office of Management Analysis and Planning. A member of the service, active or retired, may obtain information relative to his/her medical record upon written request to the Commanding Officer, Medical Division. No fee will be charged for such information. A person or organization outside the Department may obtain such information, for a fee of $5.00, if the request is made in writing and is accompanied by a notarized authorization from the member concerned or in the event of his death, from the next of kin or representative of his estate. Requests for such information from other governmental agencies do not require notarized authorization or fee. Requests for payroll records will be directed to Director, Payroll Section for processing in a similar manner. When advised that an audit of records, procedures or operations of a command is to be conducted by any city, state or federal agency, the desk officer/supervisory head concerned will notify the Office of Management Analysis and Planning, furnishing the time, date, subject of the audit, the identity of personnel who will conduct the audit and the agency to which assigned. Auditors must possess identification cards issued by the auditing agency and/or a letter of introduction from the Commanding Officer, Office of Management Analysis and Planning. All members of the service will cooperate with properly identified auditors; questions concerning identity of auditing personnel will be directed to the Office of Management Analysis and Planning; those concerning confidentiality of records/information requested will be directed to the Legal Bureau. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-76 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 When a request for sensitive information regarding the policies of the Department is received from an elected official or candidate for elective office or a member of their staffs, the requestor will be instructed to submit the request in writing to the Police Commissioner. The Police Commissioner’s Office shall forward such request to the appropriate command for further attention. Inquiries of a routine nature including publicly released crime statistics, constituent problems or complaints may be handled by the command concerned. OFFERS OF GRANTS, EQUIPMENT OR OTHER FUNDING BY ELECTED OFFICIALS, OTHER GOVERNMENT AGENCIES OR PRIVATE ENTITIES: Members of the service may not accept offers of grants, equipment or other funding from elected officials or their staffs, other government agencies or private entities. A member of the service approached with the offer of such funding or solicited for suggestions regarding how such funding could be utilized by the Department shall direct the individual or entity offering such funding to make a written proposal to the Police Commissioner. RELATED PROCEDURES Release of Information To News Media (P.G. 212-77) Incidents Involving Media Representatives (P.G. 212-49) Grant Applications, Accountability, Responsibility and Reporting Procedures (A.G. 320-38) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-77 RELEASE OF INFORMATION TO NEWS MEDIA DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To facilitate the accurate, timely and proper dissemination of information to the public through the news media. SCOPE It is the policy of this Department to keep the community informed on matters of public interest. Most media inquiries are directed to the Office of the Deputy Commissioner, Public Information. However, at the scene of a breaking news story, the media may request information from members of the service present at the scene. Information, assistance or access should be rendered to whatever extent possible, in accordance with the following procedure, when it does not: a. Pose an undue risk to the personal safety of members of the service, media representatives, or others b. Interfere with police operations c. Adversely affect the rights of an accused or the investigation or prosecution of a crime. Because it is not uncommon for local investigations, arrests, operations, etc., to overlap into other agencies, bureaus or jurisdictions it is essential that ALL media requests be channeled through the Office of the Deputy Commissioner, Public Information. NOTE Access to incident scenes does not extend to interior crime scenes or areas frozen for security reasons. PROCEDURE Upon receiving a request for information from representatives of the media at a breaking news story: HIGHEST RANKING UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. Confer with the Office of the Deputy Commissioner, Public Information, regarding the information to be released, prior to addressing the media. Briefly describe the incident (i.e., how police were called to the scene, type of job, location of occurrence, number of aided persons, etc.). Do not release the following: a. Identity of a child under sixteen years of age taken into custody, unless child is a juvenile offender b. Identity of a complainant under sixteen years of age c. Identity of a neglected or abused child d. Identity of a victim of a sex crime e. Information which indicates that a person has a communicable disease f. Information which indicates that a person is a confidential informant/witness g. The location of occurrence where a sexual assault occurred if that location is the victim’s residence or the residence of the perpetrator, if not apprehended h. The address or telephone number of a member of the service NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-77 HIGHEST RANKING UNIFORMED MEMBER OF THE SERVICE (continued) NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 3 i. j. k. 4. Address or telephone number of a complainant Address or telephone number of a witness to a crime Information that may hinder the prosecution of the crime, jeopardize the safety of a member of the service, complainant, or witness. Release the following information after an arrest is made, if requested: a. Name, age, residence, employment, marital status and similar background information of the arrested person(s) after identity is confirmed b. Substance or text of the charge(s) such as a complaint, indictment, information, and, only when appropriate, the identity of the complainant c. Identity of the investigating and arresting agency and the length of the investigation d. Circumstances immediately surrounding the arrest, including the time and place of arrest, resistance, pursuit, possession and use of weapons and a general description of items seized at the time of arrest. With the prior permission of the Deputy Commissioner, Public Information, certain information may be withheld if there is a legitimate concern for the safety of a witness in the “interests of justice” (i.e., release of information may compromise an ongoing investigation). The Office of the Deputy Commissioner, Public Information, is available 24 hours a day, 7 days a week, for consultation and/or response to incidents involving the media. Members of the service are required to immediately notify the Deputy Commissioner, Public Information of any interaction with the media. ADDITIONAL DATA The following information will be released only after conferral with the Deputy Commissioner, Public Information, and the Chief of Detectives. Pretrial disclosure of the following information may have an adverse impact on a court case: a. Statements concerning the reputation or character of an accused person or prospective witness b. Performance of, or results of, tests or the refusal by the accused to take a test c. Statements concerning the credibility or anticipated testimony of prospective witnesses d. Opinions or speculation concerning evidence or argument in the case, whether or not it is anticipated that such evidence or argument will be used at trial e. Photographs, films, videotapes, and/or mug shots. CONFIDENTIALITY OF THE VICTIM OF A SEX CRIME The Civil Rights Law, Section 50-B, was amended in 1991 to protect the identity of the victim of a sex crime. The law provides that the identity of a victim of a sex crime be provided to a defendant charged with the crime and their counsel or guardian. It also permits disclosure to public officers and employees investigating, prosecuting and keeping records relating to the offense. A new Section 50-C was also added to the law which allows victims of a sex offense to bring private action to recover for any damage suffered by the disclosure of their identities. Therefore, those members of the service (uniformed and civilian) assigned to units (Public Information Division, Identification Section, Communications Division, etc.) which may, at times, be called upon to provide information from Department records, files, tapes, etc., must ensure that the identity of a victim of a sex offense is not divulged when this information is released. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-77 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 IDENTITY OF PERSONS WITH COMMUNICABLE DISEASE It is the responsibility of this Department to protect the civil rights of persons we come in contact with. This includes prisoners, crime victims, aided cases, etc. In keeping with this obligation, any information regarding a person’s status in connection with any communicable disease (HIV, AIDS, Tuberculosis, Hepatitis B, etc.) is to be treated as confidential. Accordingly, members of the service should be made aware of the following guidelines: Information concerning a prisoner’s or a victim’s affliction with a communicable disease must be kept confidential. This information generally should not be released to the public, the media, the person’s family and friends or to other prisoners. There may be unusual circumstances under which release of this information is warranted. Any such release, however, may only be made with the written consent of the Deputy Commissioner - Legal Matters. In some cases, prisoners may volunteer their positive medical status regarding a communicable disease indicating the need to be segregated from general prisoner population or the need for medical treatment. In such cases, isolation cells should be used, if available. This information may be recorded on a Prisoner Movement Slip or on form MEDICAL TREATMENT OF PRISONER (PD244-150) in order to alert personnel assigned to Corrections, District Attorney’s offices or courts. Members of the service who are exposed to a communicable disease should follow the provisions of P.G. 205-10, “Exposure Of Members Of The Service To Infectious Diseases”. RELATED PROCEDURES Information Concerning Official Business of the Department (P.G. 212-76) Incidents Involving Media Representatives (P.G. 212-49) Exposure Of Members Of The Service To Infectious Diseases (P.G. 205-10) FORMS AND REPORTS MEDICAL TREATMENT OF PRISONER (PD244-150) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-78 UTILIZATION OF THE REAL TIME CRIME CENTER DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide twenty-four hour, seven day a week investigative support to the Detective Bureau and other Department investigative units conducting criminal investigations. PROCEDURE When an investigator seeks the assistance of the Real Time Crime Center (RTCC) during the course of investigating any crime: INVESTIGATOR 1. Telephone the Real Time Crime Center to initiate “real time” crime scene support. a. Cases not requiring crime scene support, contact may be made either by telephone, e-mail, or facsimile. 2. RTCC INVESTIGATOR 3. 4. 5. Verify the identity of the investigator requesting information. Record the request for investigative assistance in the intake database. Confer with the RTCC Supervisor on duty. Conduct comprehensive computer inquiries of related incidents, suspects, victims, locations and any other relevant information. Forward results of computer investigation to the investigator concerned via wireless laptop, email, telephone or facsimile. 6. 7. Oversee and ensure thorough computer investigations and monitor ongoing priority incidents citywide. a. Prioritize case assignments. b. Review investigative results. c. Provide investigative direction. 8. RTCC INVESTIGATOR Maintain contact with investigator concerned and determine if additional investigative steps are necessary. RTCC SUPERVISOR ADDITIONAL DATA The RTCC applications have been created and organized to support the investigative process in the following areas: a. b. c. d. Incident Analysis Location Analysis Victim/Suspect Analysis Pattern Analysis To conduct these analyses, the RTCC Investigators can access data from the NYPD, other NYC Agencies and New York State systems. Additionally, investigators can access a wide variety of investigative tools as well as public and governmental information sources. The RTCC Investigators have direct access to Department data previously unavailable for efficient searching and reporting, including advanced mapping, 311 and 911 information. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-78 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 Among the many non-NYPD databases available to RTCC analysts are the following (this list is not all-inclusive): PUBLIC RECORDS DATABASES – Databases built from public records, commercial records and data provided by various government agencies. These databases offer a variety of searches nationwide which include: persons, addresses (past and present), phone numbers (including unlisted and cell), motor vehicles, real property, civil and criminal searches. Also available is a visual link analysis tool, to discover connections between individuals and their associates that are otherwise easy to miss. The databases are frequently updated with over twelve billion real investigative records. CJA INTERVIEW REPORT – Through an Arrest Number, RTCC investigators can access the Criminal Justice Agency’s Interview Report. This report contains information on the arrestee to determine bail eligibility. Information includes name, address, prior address, contact names and phone numbers, employment data and other pertinent information related to the arrested person. DOC – Federal/NY State/NYC Department of Corrections Inmate lookup service (online databases). E-JUSTICE – NYS Criminal Justice information which is linked to the National Crime Information Center (NCIC). PHOTO SYSTEM – a consolidated law enforcement photo/ mug shot system. Includes perpetrators arrested by other agencies such as ATF, FBI, DEA, Eastern District of New York, INS, IRS, Nassau County Police, Newark PD (NJ), NY State Police, Essex County Sheriff (NJ), Hudson County Sheriff (NJ), Passaic County (NJ), NYS Parole, Suffolk County, Union County (NJ), US Postal Inspector, US Customs Service, US Marshals Service, US Secret Service, Westchester County Department of Corrections. IDS – NYPD Intelligence Database System. JUSTICE EXCHANGE – National near-real time “who’s in jail” database covering twenty-nine states across the country. STARS – The Summons Tracking and Accounts Receivable System allows an investigator to search for NYC parking summons issued to a vehicle. ISO CLAIMSEARCH – is an all-claims database incorporating over 380 million claims including property claims, bodily injury claims and automobile records. Searches can be done by name (individual or business), address, phone number, Social Security number, driver’s license number, license plate number, Vehicle Identification Number (VIN), professional medical license or Tax Identification Number (TIN). Reports are returned on any matches regarding the claim(s) filed. An added feature includes VIN Decoding. This utility allows you to decode and decipher a Vehicle Identification Number (VIN) to properly identify vehicles. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-79 SUBPOENA FEES AND ACCOUNTING PROCEDURES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To inform members of the service (uniformed and civilian) of the appropriate fees to be tendered by persons making service of subpoenas upon the New York City Police Department. SCOPE In many cases where a subpoena is served upon the Police Department, a check, money order or cash for the statutorily mandated witness fee may also be tendered. In order to promote greater efficiency and uniformity in the processing of and accounting for subpoena fees, the following procedure will be complied with. PROCEDURE Upon receipt of a subpoena (by personal service or other means of delivery): MEMBER OF THE SERVICE RECEIVING SUBPOENA 1. 2. 3. 4. COMMAND LIAISON OFFICER 5. Ascertain if fee (cash, check, or money order) is tendered with subpoena. a. If check or money order is made payable to an individual member of the service (uniformed or civilian), the member concerned will endorse check or money order as follows: “PAY TO THE ORDER OF NEW YORK CITY POLICE DEPARTMENT” b. If fee is tendered in connection with a subpoena which does not involve the Police Department or actions taken by the member concerned on behalf of the Department, the fee will be given to the member concerned and is properly payable to him/her. In such case, no fee receipt will be issued by this Department. Issue FEE RECEIPT (PD122-017) and comply with applicable provisions of P.G. 212-82, “Forwarding Of Fees To The Audits And Accounts Section,” if fee is tendered. a. Enter title of case (e.g., Smith v. Jones, People v. Rosario) at caption entitled “FOR” of FEE RECEIPT. b. If subpoena and fee (if tendered) have been received by other than personal service, forward FEE RECEIPT to attorney issuing subpoena by U. S. Mail. Note FEE RECEIPT number and dollar amount of fee tendered on rear of subpoena. Forward subpoena to command liaison officer. Comply with pertinent provisions of P.G. 211-15, “Processing Subpoenas For Police Department Records And Testimony By Members Of The Service.” NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-79 ADDITIONAL DATA REVISION NUMBER: PAGE: 08/01/13 2 of 2 Members of the service (uniformed and civilian) are advised that the following is a schedule of appropriate fees to be tendered with the corresponding type of subpoena: TYPE OF SUBPOENA ♦ CIVIL CASES Subpoena issued by courts of New York State Subpoena issued by Federal Courts ♦ ¾ NO FEE REQUIRED All other Family Court Cases As per CIVIL CASE FEE SCHEDULE, above CRIMINAL CASES Subpoena issued by State and Federal Courts NOTE $15.00 $40.00 FAMILY COURT CASES Subpoena issued in a Juvenile Delinquency Proceeding ♦ FEE NO FEE REQUIRED If a subpoena requires a specific member of the service to appear AND bring certain documents with him/her, a single fee is all that is required. In certain cases, travel expenses may be included with the tendered subpoena fee. Members are advised that for travel wholly within New York City, no travel fees are required. If the fee tendered is not in conformity with the above listed fee schedule, a supervisor must be notified. The supervisor will ensure that the subpoena is still processed and that a notation is made on the reverse side of the subpoena of the amount actually tendered. For cases involving subpoenas issued by courts outside of New York City, consult P.G. 211-16, “Processing Subpoenas Issued by Courts Outside New York City.” RELATED PROCEDURES Forwarding Of Fees To Audits And Accounts Section (P.G. 212-82) Processing Subpoenas For Police Department Records And Testimony By Members Of The Service (P.G. 211-15) Processing Subpoenas Issued By Courts Outside New York City (P.G. 211-16) Processing Legal Bureau Requests For Department Records Including Requests Under The Freedom Of Information Law (P.G. 211-17) Processing Requests For Police Department Documents Received From Assistant Corporation Counsels And Assistant District Attorneys (P.G. 211-18) FORMS AND REPORTS FEE RECEIPT (PD122-017) NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-80 SUSPENSION AND REVOCATION ORDERS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To process Suspension and Revocation Orders received from the Department of Motor Vehicles. PROCEDURE Upon receipt of Suspension and Revocation Orders: DESK OFFICER 1. 2. Record receipt of Orders in Command Log. Forward to the Community Policing Unit Coordinator. COMMUNITY POLICING UNIT COORDINATOR Prepare SUSPENSION/REVOCATION REPORT (PD634-151) and attach to each Order. Distribute Suspension and Revocation Orders with attached SUSPENSION/REVOCATION REPORT to beat officers concerned. Forward Orders to precinct concerned for service if information indicates that Order must be executed in that precinct. 3. 4. 5. 6. 7. BEAT OFFICER 8. 9. 10. 11. 12. PATROL SUPERVISOR 13. 14. Record Suspension and Revocation Orders in ACTIVITY LOG. Execute as follows: a. Obtain all items listed on Suspension and Revocation Order, or b. Obtain signed affirmation on back of Suspension and Revocation Order for items not picked up, or c. Issue summons for violation of Section 510, subdivision 7 of the Vehicle and Traffic Law, returnable to the Traffic Violations Bureau, if the licensee does not turn over the required items and refuses to sign affirmation, or d. Enter Department of Motor Vehicles case number and date on back of Order if licensee has Notice of Restoration (Form FS34) or Notice of Compliance (Form FS112). Leave lower half of SUSPENSION/REVOCATION REPORT with a responsible member of licensee’s household, for delivery to licensee, if he cannot be located. Record attempts at service on SUSPENSION/REVOCATION REPORT if licensee cannot be located. Indicate reason for noncompliance in captioned box if Order is not executed for reasons other than temporary absence of license. Report results of efforts and deliver all surrendered items along with executed and unexecuted Orders to patrol supervisor. Enter facts in ACTIVITY LOG. Reassign Orders not served because of temporary absence of licensee to next member of the service assigned to post or sector concerned on 2nd or 3rd platoons, as appropriate. Deliver all surrendered items and Suspension and Revocation Orders to Community Policing Unit Coordinator. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-80 COMMUNITY POLICING UNIT COORDINATOR REVISION NUMBER: PAGE: 08/01/13 15. 16. 17. 18. 19. 20. 21. 2 of 2 File SUSPENSION/REVOCATION REPORTS. Note reason for non-service on back of each Order not executed. Note service of summons on back of Orders where applicable. Process returned Suspension and Revocation Orders as follows: a. Unexecuted Orders - placed in one envelope. b. Executed Orders - placed one to an envelope, with surrendered items. Deliver to desk officer. Enter Orders in Command Log: a. Unexecuted Orders by statement of total number only b. Executed Order individually by serial number. Forward envelopes to Mail and Distribution Unit for return to Department of Motor Vehicles. NOTE An Order is considered executed only when all items listed are received, or an affirmation is obtained from the licensee. FORMS AND REPORTS ACTIVITY LOG (PD112-145) SUSPENSION/REVOCATION REPORT (PD634-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-81 UNAUTHORIZED DISPLAY OF BADGES, PLATES, CARDS, ETC. DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To prescribe proper police action in the following situations. PROCEDURE Upon observing the unauthorized display of any badge, plate, card, etc.: UNIFORMED MEMBER OF THE SERVICE 1. Take the following police action, as appropriate: UNAUTHORIZED DISPLAY OF POLICE ACTION Badge, and person displaying purports to Arrest, Section 190.25 (3), Penal Law. Seize badge as evidence. be a public servant. Plate, sign, insignia of Police or Fire Summons, Section 396, V.T.L. Seize article as evidence. Department displayed on a vehicle. Official police cards, e.g., press, special Confiscate, ascertain how obtained, and deliver article and report of vehicle identification, etc. circumstances to desk officer. Forged police card. DESK OFFICER 2. 3. 4. 5. FORMS AND REPORTS Arrest, Administrative Code Section 14107. Seize card as evidence. Process arrests and summonses in the usual manner. Invoice evidence seized and forward confiscated article to Property Clerk in the usual manner. Notify commanding officer of all facts. Prepare two copies of report on Typed Letterhead addressed to Chief of Department, including all facts when a police card is confiscated. Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-82 FORWARDING OF FEES TO AUDITS AND ACCOUNTS UNIT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To safeguard fees being forwarded to Audits and Accounts Unit. PROCEDURE When fees (cash and checks) that have been collected for forwarding to the Audits and Accounts Unit: COMMAND CLERK 1. NOTE When a fee is collected by a member of the service (uniformed or civilian), a FEE RECEIPT (PD122-017) will be prepared and issued. All fees must be safeguarded pending forwarding to patrol borough office. Fees collected for rifle/shotgun permits are exempt from this procedure. 2. 3. 4. 5. NOTE Affix the imprint of the command rubber stamp on the back of each certified, personal or bank teller’s check, and bank or United States Postal money order and write the application serial #, the fee transmittal sheet # and the fee receipt # in the space provided prior to delivery to the Operations Coordinator. Prepare FEE TRANSMITTAL SHEET (PD122-150). Assign a separate command serial number to each FEE TRANSMITTAL SHEET beginning with number one each calendar year. Enter the FEE TRANSMITTAL SHEET serial number in the margin of the Fee Receipt book next to the corresponding file copy of each FEE RECEIPT. Request pre-numbered Plastic Security Envelope(s) from desk officer. Utilize one Plastic Security Envelope for all fees collected, whenever possible. 6. 7. 8. Enter Plastic Security Envelope serial number(s) on FEE TRANSMITTAL SHEET above the command serial number. Close out unused portion of FEE TRANSMITTAL SHEET by: a. Drawing horizontal line across width of page on next unused line, and b. Drawing a diagonal line from left side of horizontal line, extending to bottom right of space allotted for “sub-total.” Sign all copies of the completed FEE TRANSMITTAL SHEET and deliver to the Operations Coordinator as soon as possible after 1600 hours, daily, with command copies of FEE RECEIPTS, Plastic Security Envelope(s) and all fees. NOTE The New York City Administrative Code requires that fees be forwarded “on next business day.” Fees received at commands after 1600 hours or on days when the Audits and Accounts Unit is closed will be safeguarded and processed the next business day. The Audits and Accounts Unit is closed for business on weekends and all civilian holidays. OPERATIONS COORDINATOR 9. Check accuracy of fees received against entries on FEE TRANSMITTAL SHEET and FEE RECEIPT book. a. Ensure that all the rubber stamp captions on certified, personal or bank teller’s checks, and bank or United States Postal money orders have been completed as required in Step 1 above. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-82 OPERATIONS COORDINATOR (continued) REVISION NUMBER: PAGE: 08/01/13 10. 11. 12. 13. 14. 2 of 4 Sign all copies of FEE TRANSMITTAL SHEET. Make entry in FEE RECEIPT book in margin of last numbered receipt used, listing receipt numbers for fees forwarded, i.e., fees for receipt numbers 1057 through 1064, forwarded 3/21/98, Sgt. Petri. Place all fees in pre-numbered Plastic Security Envelope(s) and seal in accordance with instructions on the envelope. Attach all copies of FEE TRANSMITTAL SHEET to outside of Plastic Security Envelope(s). Place all copies of FEE TRANSMITTAL SHEET, and Plastic Security Envelope(s) in a 10” x 12” envelope, addressed to the Borough Fiscal Coordinator and arrange for messenger delivery with the A.M. mail on the next business day. NOTE If no fees were received at the command, a negative report, on Typed Letterhead, addressed to commanding officer of borough concerned, will be sent to the borough command with the A.M. mail. COMMAND MESSENGER 15. 16. Sign all copies of FEE TRANSMITTAL SHEET and return originating command copy (buff) to operations coordinator as receipt for fees received. Deliver Plastic Security Envelope(s), with remaining four copies of FEE TRANSMITTAL SHEET to the borough office. OPERATIONS COORDINATOR 17. Have command clerk file originating command copy (buff) of FEE TRANSMITTAL SHEET serially in a binder. BOROUGH FISCAL COORDINATOR 18. Receipt for Plastic Security Envelope(s) received by signing date, rank and name on all copies of FEE TRANSMITTAL SHEET, adjacent to “Total Forwarded,” and return (green) copy to command messenger. NOTE DO NOT OPEN Plastic Security Envelope(s). COMMAND MESSENGER 19. Permanently retain (green) copy of FEE TRANSMITTAL SHEET as personal receipt. BOROUGH FISCAL COORDINATOR 20. Place borough office copy (pink) of the FEE TRANSMITTAL SHEET chronologically in binder maintained in borough office. (DO NOT separate and file by command). Prepare pre-serialized CONSOLIDATED FEE RECEIPT (PD122-011) listing every command in the borough command. a. Enter information required by captions, for each command, utilizing data from FEE TRANSMITTAL SHEET. b. If no fees were forwarded by command ascertain that a negative report, on Typed Letterhead, was delivered to the borough office and write “NONE” next to command concerned under column “FEE TRANSMITTAL SHEET SERIAL NUMBER.” All commands must be listed. c. Sign completed CONSOLIDATED FEE RECEIPT and submit, together with all related FEE TRANSMITTAL SHEETS, Plastic Security Envelope(s), and negative reports, to borough supervisor for review. 21. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-82 REVISION NUMBER: PAGE: 08/01/13 3 of 4 NOTE If a pre-serialized CONSOLIDATED FEE RECEIPT is voided, file all copies in same manner outlined in step 20. BOROUGH SUPERVISOR 22. Review items submitted for accuracy and completeness, sign CONSOLIDATED FEE RECEIPT and return all items to Borough Fiscal Coordinator. BOROUGH FISCAL COORDINATOR 23. Give plastic security envelope, all copies of CONSOLIDATED FEE RECEIPT and remaining copies (white and blue) of the FEE TRANSMITTAL SHEETS to the borough messenger in an envelope addressed to the Audits and Accounts Unit for delivery with the A.M. mail on the same day received. BOROUGH MESSENGER 24. Compare FEE TRANSMITTAL SHEETS and Plastic Security Envelopes against related CONSOLIDATED FEE RECEIPT. Sign all copies of CONSOLIDATED FEE RECEIPT and return “blue” copy to Borough Fiscal Coordinator as receipt for Plastic Security Envelope(s) received. 25. BOROUGH FISCAL COORDINATOR 26. File blue copy of CONSOLIDATED FEE RECEIPT together with negative reports, where applicable, and related copies of FEE TRANSMITTAL SHEETS in same manner outlined in step 20. BOROUGH MESSENGER 27. Deliver fees contained in sealed Plastic Security Envelopes, two copies of CONSOLIDATED FEE RECEIPT (pink and white) and two copies of each FEE TRANSMITTAL SHEET (white and blue) to the Audits and Accounts Unit with the A.M. mail. NOTE Fees and related forms must be delivered before 1200 hours. AUDITS AND ACCOUNTS UNIT MEMBER 28. 29. 30. 31. 32. 33. Compare Plastic Security Envelope number(s) to corresponding FEE TRANSMITTAL SHEETS and CONSOLIDATED FEE RECEIPTS. a. Ensure each command is accounted for and listed on the consolidated FEE TRANSMITTAL SHEET. Open Plastic Security Envelope(s), total fees received and compare with CONSOLIDATED FEE RECEIPT and related FEE TRANSMITTAL SHEETS for accuracy. Prepare RECEIPT FOR FEES COLLECTED (PD122-170) in duplicate. Machine stamp FEE TRANSMITTAL SHEETS and both copies of CONSOLIDATED FEE RECEIPT. Give original RECEIPT FOR FEES COLLECTED and one copy of CONSOLIDATED FEE RECEIPT (white) to borough messenger. Retain original FEE TRANSMITTAL SHEET (white), and one copy of CONSOLIDATED FEE RECEIPT (pink) and forward FEE TRANSMITTAL SHEET (blue) to command of record through Department mail. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-82 REVISION NUMBER: PAGE: 08/01/13 4 of 4 BOROUGH MESSENGER 34. Return stamped copy of CONSOLIDATED FEE RECEIPT and RECEIPT FOR FEES COLLECTED to Borough Fiscal Coordinator. BOROUGH FISCAL COORDINATOR 35. Compare stamped copy of CONSOLIDATED FEE RECEIPT (white) and RECEIPT FOR FEES COLLECTED with file copy of CONSOLIDATED FEE RECEIPT (blue). a. Notify borough supervisor of any discrepancies. b. File all copies of related receipts with copies of FEE TRANSMITTAL SHEETS and negative reports as outlined in step 20. OPERATIONS COORDINATOR 36. Compare FEE TRANSMITTAL SHEET copy (blue) received through Department mail from Audits and Accounts Unit with command file copy (buff). a. Notify Audits and Accounts Unit of any discrepancies, or if FEE TRANSMITTAL SHEET copy (blue) has not been received within ten days. b. File FEE TRANSMITTAL SHEET copy (blue) with command file copy (buff) in binder. COMMANDING 37. OFFICER Conduct monthly inspection to ensure that all fees are being forwarded daily and have been received at the Audits and Accounts Unit. ADDITIONAL DATA Non-patrol commands requesting an exemption from any of the aforementioned steps must submit a request, in writing, to the Director, Audits and Accounts Unit. Written approval of any such exemption must be maintained on file at the requesting command and available for review by authorized auditors from other agencies. Requisition of additional pre-serialized CONSOLIDATED FEE RECEIPTS will be made direct to Audits and Accounts Unit. If the command clerk, and/or operations coordinator are absent the commanding officer will designate another member of the service to assume their duties. FORMS AND REPORTS CONSOLIDATED FEE RECEIPT (PD122-011) FEE RECEIPT (PD122-017) FEE TRANSMITTAL SHEET (PD122-150) RECEIPT FOR FEES COLLECTED (PD122-170) TYPED LETTERHEAD NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-83 LEAVING CITY ON OFFICIAL BUSINESS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To obtain permission and funds to leave the city on police business. PROCEDURE When required to leave the city on police business: UNIFORMED MEMBER OF THE SERVICE 1. NOTE When a vehicle is to be utilized as the primary means of transportation to and from the destination (rather than by airline, railroad or bus) the member must ascertain the availability of a Department vehicle by inquiring in the following order: a. At their respective command b. If none is available at the command level, inquire at the member’s respective bureau or overhead command c. If a vehicle is not available at the bureau/overhead command, the member should contact the Confidential Rental and Lease Office (CRALO), Fleet Services Division. Submit three copies of request on Typed Letterhead to Police Commissioner or Chief of Department, including: a. Rank, name, shield number and command b. Destination c. Purpose, including COMPLAINT REPORT (PD313-152) number, crime and warrant (including issuing agency) d. Identity of prisoner, if any e. Identity of escorting officer(s) f. Date and time of departure g. Estimated date of return h. Means of travel i. Estimate of expenses and who will pay them j. Statement indicating necessity to carry firearms, when appropriate k. Tour performed while out of city l. Overtime anticipated m. Next scheduled tour after return to city. If there is a vehicle available at Fleet Services Division, the member must submit a request on Typed Letterhead to the Commanding Officer, Support Services Bureau requesting approval for the assignment of a Department vehicle, by CRALO, for the pending travel. This protocol does not apply to the rental of a vehicle upon arrival at a destination by airline or railroad where the vehicle is to be used only for local transportation at that site. Any questions regarding this procedure should be addressed to the Director, Audits and Accounts Unit. Members under the jurisdiction of the Patrol Services Bureau, Detective Bureau, Organized Crime Control Bureau, Housing Bureau and Transportation Bureau will address request to Chief of Department. Other members will address request to Police Commissioner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-83 UNIFORMED MEMBER OF THE SERVICE (continued) PAGE: 08/01/13 2. COMMANDING 3. OFFICER NOTE REVISION NUMBER: 2 of 3 Deliver request to commanding officer. Endorse indicating approval/disapproval. When applicable, include the following statement in endorsement: “In compliance with Federal Aviation Authority Regulation, it is necessary that the officer retain possession of and accessibility to his weapon during flight.” 4. COMMANDING 5. 6. OFFICER, NEXT HIGHER COMMAND Forward request to next higher command. Endorse indicating approval/disapproval. Forward original and first copy to Police Commissioner or Chief of Department through channels. NOTE The original copy of a disapproved request will be returned to the originating command through channels, and an immediate telephone notification made to the commanding officer of the requesting member. COMMANDING OFFICER, P.C.O. OR CHIEF OF DEPARTMENT’S OFFICE 7. COMMANDING 8. OFFICER Forward approved request to originating command. Give requesting officer(s) copy of approval. IF TRIP IS TO BE MADE BY AIRLINE: COMMANDING 9. OFFICER UNIFORMED MEMBER OF THE SERVICE 10. 11. 12. 13. 14. 15. Instruct member(s) concerned to notify security director of airline being used and supervisor in charge, Port Authority Police, of trip and fact that firearm will be carried. Show authorization, shield and IDENTIFICATION CARD (PD416091) to airline official prior to boarding plane. Use alternate airline if permission to board aircraft while armed is refused. Do not surrender firearm for storage to anyone. Request permission to pre-board flight if guarding prisoner. Do not permit prisoner to sit adjacent to normal or emergency exit nor next to aisle. Do not carry mace, tear gas or similar devices aboard aircraft. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-83 UNIFORMED MEMBER OF THE SERVICE (continued) 16. 17. 18. 22. 3 of 3 Do not consume intoxicants at any time while aboard aircraft or allow prisoner to do so. Remain with prisoner at all times. Do not identify self or prisoner to anyone except designated airline employee or police official having jurisdiction over any phase of flight. Do not take police action which might endanger aircraft or passengers. Do not display firearm or other authorized equipment. Leave aircraft at the direction of the flight captain or after all passengers have debarked. Keep prisoner handcuffed with hands to rear when practical. Each prisoner transported by commercial flight must be escorted by at least two officers. 23. ADDITIONAL DATA PAGE: 08/01/13 19. 20. 21. NOTE REVISION NUMBER: Obtain travel expense funds from Audits and Accounts Unit. If closed, funds may be obtained at Office of Chief of Detectives. a. Submit itemized account of expenditures within ten days after return to city. When emergency circumstances require an immediate trip outside the city via department vehicle, a request may be made by telephone, through channels. Standard written request, including reference to telephone message, will be forwarded as soon as possible. When a trip outside the city on police business does not require any expenditure of funds, permission may be granted by: Police Commissioner Deputy Commissioners Chief of Department Chief of Patrol Chief of Housing Chief of Transportation Chief of Internal Affairs Chief of Detectives Chief of Organized Crime Control Chief of Personnel Commanding Officer, Support Services Bureau. RELATED PROCEDURE Official Trips by Department Representatives (A.G. 320-18) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-84 VERIFICATION OF PISTOL LICENSE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To verify validity of a pistol license issued by this Department. PROCEDURE Uniformed members of the service inspecting pistol licenses shall: UNIFORMED MEMBER OF THE SERVICE 1. NOTE A validated license has an embossed seal of the Police Department impressed thereon, is valid for a two year period, and expires on the licensee’s birth date. 2. NOTE Request licensee to produce documentary identification in addition to the pistol license. Verify validity of pistol license, if questionable, by telephoning License Division, during business hours, 0900 to 1700, Monday through Friday or by an inquiry into the Automated License and Permit System (ALPS). If License Division is closed or the ALPS System cannot be accessed, the desk officer on duty at 0900 hours the next business day will make the verification and make entry in appropriate records. 3. 4. DESK OFFICER 5. Make entry in ACTIVITY LOG (PD112-145) of licensee’s name, address, date of birth, license number and expiration date. Notify desk officer of verification. Enter details of verification in Command Log. WHEN VALIDITY OF PISTOL LICENSE IS QUESTIONABLE: UNIFORMED MEMBER OF THE SERVICE 6. DESK OFFICER 7. 8. Retain pistol license and firearm(s), if available. Have COMPLAINT REPORT (PD313-152) prepared, marked for investigation. Prepare report of pertinent facts on Typed Letterhead and forward to Commanding Officer, License Division, in next Department mail. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Processing Firearms and Firearm-Related Evidence (P.G. 218-23) Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits (P.G. 212-118) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-85 RIFLE/SHOTGUN PERMIT SUSPENDED, REVOKED, DISAPPROVED DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To facilitate the surrender of rifles, shotguns, permits and/or certificate of registration when application for a permit and registration has been denied or previously issued permits and registrations have been suspended, revoked, or will not be renewed. PROCEDURE Upon receipt of RIFLE/SHOTGUN SURRENDER NOTICE (PD641-120) from the License Division, Rifle and Shotgun Section: PRECINCT COMMANDER 1. NOTE Investigations must be completed and all related forms returned to the Rifle and Shotgun Section, within sixty days. UNIFORMED MEMBER OF THE SERVICE 2. 3. 4. 5. 6. 7. Assign uniformed member of the service, preferably a sergeant, to conduct immediate investigation. Give SURRENDER NOTICE to permit and registration holder. Request permit holder to surrender firearm, permit and registration (if applicable). Issue receipt for surrendered documents and firearm on pink copy of SURRENDER NOTICE. Prepare COMPLAINT REPORT (PD313-152) if: a. Permit holder refuses or fails to surrender firearm after SURRENDER NOTICE is served and officer believes holder is violating Administrative Code by continued possession of firearm OR, b. Officer believes permit holder is purposely avoiding service of SURRENDER NOTICE. Enter under “Details” on COMPLAINT REPORT: a. Identity, address and permit number of violator as it appears on original of SURRENDER NOTICE. b. Summons number, if summons served. c. Description and disposition of firearms, if surrendered. d. Disposition as related by the permit holder, if firearms are not surrendered. Voucher firearms and forward to Firearms Analysis Section only if member concerned believes that weapon might have been used in commission of a crime or permit holder has been accused or convicted of a serious crime. Otherwise, forward firearm to Property Clerk. WHEN PERMIT HOLDER FAILS TO COMPLY WITH SURRENDER NOTICE RE: REVOKED, SUSPENDED OR DENIED PERMITS: UNIFORMED MEMBER OF THE SERVICE 8. Serve summons for violation of Administrative Code, Section 10-303, returnable to Criminal Court. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-85 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 2 Do not serve summons for unrenewed permits. Do not serve summons if permit holder states he/she no longer possesses the firearm but is unable to produce a DISPOSITION REPORT - REGISTRATION CERTIFICATE (PD641-121). Direct permit holder to contact License Division, Rifle and Shotgun Section. PERMIT HOLDER DOES NOT RESIDE AT ADDRESS GIVEN: UNIFORMED MEMBER OF THE SERVICE 9. Attempt to obtain new address. NOTE If new address cannot be obtained or permit holder no longer resides in precinct concerned, enter information on buff copy of SURRENDER NOTICE. 10. 11. Prepare appropriate captions on buff copy of SURRENDER NOTICE. Deliver SURRENDER NOTICE, permit and registration, if obtained, to precinct commander. PRECINCT COMMANDER 12. Endorse SURRENDER NOTICE and forward to License Division, Rifle and Shotgun Section with permit and registration, if appropriate. ADDITIONAL DATA Priority will be given to those cases in which the License Division, Rifle and Shotgun Section, indicates that the permit holder has been convicted of a serious crime or is mentally incompetent. All available information will be obtained from the License Division, Rifle and Shotgun Section, and, in addition, the precinct commander and the Legal Bureau will be consulted regarding advisability of obtaining a search warrant. Desk officers will comply with P.G. 207-26, “Voluntary Surrender of Weapons with Written Notice,” and 207-27, “Voluntary Surrender of Weapons Without Prior Notice,” when a permit has been revoked or denied and owner voluntary surrenders rifle and/or shotgun. “ADA Copy” of PROPERTY CLERK INVOICE (PD521-141) will be forwarded to the License Division, Rifle and Shotgun Section. If an owner, after surrendering a rifle/shotgun, does not wish to obtain a permit, such owner can sell the rifle/shotgun to a permit holder or any person not required, by law, to possess a permit. Upon presentation of a bona fide bill of sale and a written representation by the owner that the weapon has been sold or otherwise disposed of, the License Division, Rifle and Shotgun Section will issue a release to the new lawful owner. RELATED PROCEDURES Voluntary Surrender of Weapons with Written Notice (P.G. 207-26) Voluntary Surrender of Weapons without Prior Notice (P.G. 207-27) Invoicing Property - General Procedure (P.G. 218-01) Processing Firearms and Firearm-Related Evidence (P.G. 218-23) Unlawful Possession of Rifles/Shotguns (P.G. 212-46) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) RIFLE/SHOTGUN SURRENDER NOTICE (PD641-120) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-86 PRIMARY, GENERAL AND SPECIAL ELECTION DAY DUTIES PRIOR TO OPENING OF POLLS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To assist members of the Election Board and ensure that polls open on schedule. PROCEDURE When assigned to a polling place on Primary, General or Special Election Day: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. DESK OFFICER 8. Arrive at polling place at least fifteen minutes prior to opening of polls. Deliver miscellaneous election supplies to Election Board. Obtain receipt for supplies. Ascertain from Election Inspector if other supplies and ledgers have been delivered in rear of voting machines. a. Have Election Inspector request Board of Election to deliver ledgers, or other supplies, if missing. Inspect voting machines and complete appropriate captions on ELECTION POLL REPORT (PD119-151). Observe that ballot boxes, if used, are under control of election inspectors inside guardrail. Make entry on ELECTION POLL REPORT and notify desk officer if polls are not open on schedule. Include reason for delay. Send supervisory officer to investigate delay in opening. ADDITIONAL DATA The precinct commander may assign a supervisory officer to oversee all election activities including maintenance of Election Record Book. In commands with less than twenty-five Election Districts, the desk officer will perform these duties. RELATED PROCEDURES Primary, General, And Special Election Day Duties When Polls Are Open (P.G. 212-87) Primary, General, And Special Election Day Duties After Close Of Polls (P.G. 212-88) Election Poll Report (P.G. 212-89) FORMS AND REPORTS ELECTION POLL REPORT (PD119-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-87 PRIMARY, GENERAL AND SPECIAL ELECTION DAY DUTIES WHILE POLLS ARE OPEN DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To preserve the peace and protect the franchise of voters. PROCEDURE When assigned to a polling place: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Election Board may operate with two members of Board present if they belong to different political parties. Notify desk officer if absence of Election Inspectors prohibits the opening of poll. a. Make notification every thirty minutes until poll opens b. Make additional notification when poll does open. DESK OFFICER 2. Notify patrol borough command and borough office of Board of Elections when informed that Election Board has not opened one hour after scheduled opening time. a. Make additional notification when poll does open. 3. Remain in polling place unless required to leave for other police duty or authorized meal period. a. Make ACTIVITY LOG (PD112-145) entry when leaving and upon return and notify desk officer. Remain outside guardrail except to perform duty. Do not take part in election process. Notify relieving officer of conditions affecting polling place. Give relieving officer ELECTION POLL REPORT (PD119-151). Notify desk officer and make entry on ELECTION POLL REPORT if: a. An election inspector is unfit for duty b. Voting is interrupted for any reason c. Problems are encountered or unusual incident occurs within or in vicinity of polling place. UNIFORMED MEMBER OF THE SERVICE 4. 5. 6. 7. 8. NOTE The following persons are permitted within guardrail: a. Election inspectors b. Persons admitted for voting privilege c. Properly identified representatives of New York State and New York City Board of Elections d. Attorney General or assistants e. Poll watchers f. Persons admitted by inspectors to preserve order. 9. 10. 11. Notify desk officer if problems or overcrowding occur. Refer person alleging to be registered voter to Supreme Court of county if Election Board personnel refuse to grant right to vote. Have persons waiting to vote immediately prior to close of polls form line. a. Prevent persons from joining line after polls close. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-87 PAGE: 08/01/13 DESK OFFICER 12. 13. SUPERVISORY OFFICER REVISION NUMBER: 14. 15. 16. 17. DESK OFFICER 18. 2 of 2 Send supervisory officer to investigate voting irregularities. Notify patrol borough command of arrests, incidents, or unusual delays in voting. Supervise polling places. Inspect and sign ELECTION POLL REPORT of members assigned to polling places. Enter in ACTIVITY LOG time polling place is visited. Inform desk officer of action taken re: voting irregularities. Inform supervisory officer assigned to Election Record of complaints, time voting is interrupted and time voting resumes, etc., for entry in Record. ADDITIONAL DATA Patrol borough commands will notify Operations Unit of conditions reported per steps 2 and 13 above. RELATED PROCEDURES Primary, General, And Special Election Day Duties Prior To Opening Of Polls (P.G. 212-86) Primary, General, And Special Election Day Duties After Close Of Polls (P.G. 212-88) Election Poll Report (P.G. 212-89) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ELECTION POLL REPORT (PD119-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-88 PRIMARY, GENERAL AND SPECIAL ELECTION DAY DUTIES AFTER CLOSE OF POLLS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To expedite delivery of tally sheets to precinct and return of election material. PROCEDURE After the polls have closed: UNIFORMED MEMBER OF THE SERVICE 1. 2. NOTE There is no canvass of vote at polling places for School Board Elections. 3. 4. Notify desk officer if closing polls or canvassing of vote is delayed. Prevent crowding during canvass. Enter closing public and protective counter readings on ELECTION POLL REPORT (PD119-151). Make entry on ELECTION POLL REPORT and notify election Board Chairman and desk officer if serious discrepancies are observed during canvass. DESK OFFICER 5. Send supervisory officer to investigate delay in closing, canvassing vote or serious discrepancy. 6. Respond to polling place reporting delay in closing, canvassing vote, or with serious discrepancies. Keep desk officer informed of conditions causing delays. Supervise polling places with large number of Election Districts during canvass. SUPERVISORY OFFICER 7. 8. UNIFORMED MEMBER OF THE SERVICE 9. 10. 11. 12. 13. Obtain police statements No. 1, 2, and 3, and inspect to ensure entries have been completed and signed by all inspectors. Comply with directions of precinct commander concerning delivery of statements No. 1, 2, and 3. Ascertain that election material is secured in voting machines or returned to stationhouse. Give Chairman of Election Board receipt for items returned to stationhouse. Complete all entries on ELECTION POLL REPORT and return form to precinct. IF DESIGNATED TO GUARD VOTING MACHINES: UNIFORMED MEMBER OF THE SERVICE 14. 15. 16. 17. 18. Enter protective counter reading and voting machines serial number in ACTIVITY LOG (PD112-145). Compare protective counter with number recorded at close of polls or as provided by precinct commander (if not present at close of polls). Report discrepancy, if any, to desk officer. Make entries on voting machine receipts as required. Notify desk officer when machines have been picked up and make entry in ACTIVITY LOG. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-88 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 RELATED PROCEDURES Primary, General, And Special Election Day Duties Prior To Opening Of Polls (P.G. 212-86) Primary, General, And Special Election Day Duties While Polls Are Open (P.G. 212-87) Election Poll Report (P.G. 212-89) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ELECTION POLL REPORT (PD119-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-89 ELECTION POLL REPORT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To accurately record and categorize incidents occurring at polling locations on Primary and Election Day. DEFINITIONS POLICE RELATED INCIDENT - will be used for routine police work i.e., reports of crimes, election law violations, disputes, aided cases, etc. BOARD OF ELECTIONS RELATED INCIDENT - will be used for recording incidents normally handled by the Board of Elections, i.e., defective voting machines, missing supplies, election inspector shortages, etc. DISPOSITION - will indicate corrective action taken, i.e., arrest, summons, COMPLAINT REPORT (PD313-152) number, AIDED REPORT WORKSHEET (PD304-152b) number, Board of Elections notifications, etc. ADDITIONAL DATA The total amount of incidents will be entered at the bottom of the ELECTION POLL REPORT (PD119-151). Only those ELECTION POLL REPORTS with a revision date of 9/92 are to be used. All others will be discarded. RELATED PROCEDURES Primary, General, And Special Election Day Duties Prior To Opening Of Polls (P.G. 212-86) Primary, General, And Special Election Day Duties After Close Of Polls (P.G. 212-88) FORMS AND REPORTS AIDED REPORT WORKSHEET(PD304-152b) COMPLAINT REPORT (PD313-152) ELECTION POLL REPORT (PD119-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-90 GUIDELINES FOR INTERACTION WITH LIMITED ENGLISH PROFICIENT (LEP) PERSONS DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 6 PURPOSE To provide interpretation/translation services for members of the service in the field and at Department facilities. SCOPE Accurate interpretation/translation of foreign languages is important to providing police services. In furtherance of this, the Department provides two enhanced communication capabilities entitled, “Telephonic Interpretation Service” and “Language Initiative Program” for members of the service to accurately communicate with the diverse non-English speaking communities of New York City and to assist members in criminal investigations and intelligence gathering. This procedure is limited to the use of foreign language interpretation/translation services. When a member of the service has cause to interact with an individual who is hearing impaired, the provisions of P.G. 212-104, “Interaction with Hearing Impaired Persons,” should be followed. DEFINITIONS BILINGUAL MEMBER OF THE SERVICE – An employee who is able to communicate effectively in a foreign language, or American Sign Language, in addition to English. CERTIFIED DEPARTMENT INTERPRETER – A member of the service who has been tested and certified as being proficient in a foreign language, or American Sign Language, through the Language Initiative Program. INTERPRETATION – The act of listening to something in one language and orally translating it into another language. LIMITED ENGLISH PROFICIENT (LEP) – Refers to those individuals whose primary language is not English and who are unable to effectively read, write, speak or understand English. TELEPHONIC INTERPRETATION SERVICE – A certified interpreter can be accessed twenty-four hours a day/seven days a week via the telephonic interpretation service equipped Department cellular telephone (available through the patrol supervisor) or the dual handset telephone located in every precinct complaint room, detective squad, police service area (PSA) and transit district complaint room. LANGUAGE INITIATIVE PROGRAM – A corps of interpreters who can be called upon to interpret or translate in particularly complex cases and/or incidents involving uncommon foreign languages for investigative or other police purposes. Interpreters from the Language Initiative Program may be requested by contacting the Operations Unit. The program is composed of two groups: employees who identify themselves during the hiring process as being able to speak, read and/or write a foreign language and a smaller group of employees who are tested and certified as proficient in a foreign language. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-90 REVISION NUMBER: PAGE: 10/16/13 2 of 6 DEFINITIONS (continued) TRANSLATION - The replacement of a written text from one language into an equivalent written text in another language PROCEDURE When a member of the service encounters a Limited English Proficient (LEP) person(s) and the services of an interpreter are necessary: MEMBER OF THE SERVICE 1. 2. NOTE Determine the primary language of the LEP person(s): a. Present the poster entitled “FREE INTERPRETATION SIGN (SP 487)”, the ACTIVITY LOG (PD112-145) insert entitled “PRIMARY LANGUAGE IDENTIFIER (PD312-091)”, or the card entitled “PRIMARY LANGUAGE IDENTIFIER – DETECTIVE BUREAU (PD312-091A)”, as appropriate, to the LEP person(s) and encourage him/her to indicate the language needed. b. Determine the LEP person(s) country of origin, if necessary, and request the Operations Unit research the language spoken in that country. Ascertain if a bilingual member of the service is readily available (on scene, on duty within command/adjoining command, at stationhouse etc.) to interpret and whether his/her use is appropriate. The Department encourages members of the service who are not certified, but nonetheless possess language skills, to use their ability to speak a foreign language during the course of their work. The use of bilingual members as interpreters allows the Department to provide the public with a more timely and personalized response while simultaneously reducing inconvenience to LEP person(s). A non-certified member of the service may interpret if he or she reasonably believes that his or her level of language proficiency is sufficient to accurately interpret given the totality of the circumstances surrounding the LEP person’s interaction with the police. If at any time during the interpretation the member determines that his/her level of language proficiency is insufficient to complete the interpretation, the telephonic interpretation service should be used or a certified interpreter should be requested via the Operations Unit. 3. NOTE Ascertain if a bilingual member of the public is readily available, willing to interpret, and whether his/her use is appropriate, if a bilingual member of the service is not readily available. There are many exigent circumstances and emergency situations, including determining if a crime has occurred, rendering/obtaining medical treatment, and apprehending perpetrators of crimes, when the Department may need to utilize bilingual members of the public to assist in providing immediate services to LEP person(s). In addition, it may also be appropriate to use a bilingual member of the public to interpret during a nonemergency encounter if the use of such an interpreter will expedite the delivery of police services without adversely impacting the quality of the services provided. When dealing with an LEP person and a bilingual member of the public is readily available and willing to provide interpretation services, the member of the service must consider three factors to determine if the use of the non-employee interpreter is helpful: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-90 NOTE (continued) REVISION NUMBER: PAGE: 10/16/13 3 of 6 a. The nature and importance of the police services being provided b. The apparent capacity of the interpreter c. The apparent impartiality of the interpreter. During domestic violence situations, members of the service should avoid using family members to interpret because of potential partiality due to fear of arrest of a family member or other personal biases. Family members may be temporarily used for interpretation in domestic incidents in life-threatening situations when there is no other feasible alternative. Interviewees may be more likely to respond if an impartial party interprets. Once the situation is stabilized, a bilingual member of the service or the telephonic interpretation service should be used to verify the details of the domestic incident. The alleged offender in any type of incident, including domestic violence, should not be used as an interpreter. Using an alleged offender to interpret may increase the risk of purposeful misinterpretation and gives him or her control of the situation. As with all interviews, to the extent possible, the victim and offender should be interviewed separately and in a private setting. Victims may be reluctant to reveal details of an incident if the victim believes the offender may overhear the statement. As possible victims or witnesses to an incident, a child should be interviewed; however, whenever feasible, a child should not be used as an interpreter for any kind of police incident, including domestic violence. Some words and concepts are difficult for a child to understand and translate into another language. Interviewees are not likely to be forthcoming if a child is used to interpret and will be especially hesitant to reveal details of a sexual assault to a police officer through a child. MEMBER OF THE SERVICE (continued) 4. Determine if the telephonic interpretation service or Language Initiative Program should be utilized if neither a bilingual member of the service nor a bilingual member of the public is available for interpretation or their use would be inappropriate. IF THE TELEPHONIC INTERPRETATION SERVICE IS REQUIRED IN THE FIELD: MEMBER OF THE SERVICE 5. Request patrol supervisor to respond to the scene with the telephonic interpretation service equipped cell phone. PATROL SUPERVISOR 6. Respond to scene, if available, and utilize the telephonic interpretation service equipped cell phone to aid in interpretation. NOTE In many cases, other than for ongoing investigations and document translation, an efficient method of obtaining interpretation services is through the use of the telephonic interpretation service. Therefore, the patrol supervisor MUST have the Department issued cellular telephone easily accessible at all times while on patrol. The use of a speaker-phone feature, if available, can enhance the effectiveness of telephonic interpretation and eliminate the need for the LEP individual to handle the telephone. Members of the service are cautioned that utilizing the speaker-phone feature allows other parties in close proximity to hear the conversation. Members of the service should be aware of their surroundings and of who is able to overhear the conversation. Members should also be aware that these calls are not recorded. Telephonic interpreters, if subpoenaed, are available for court testimony. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-90 REVISION NUMBER: PAGE: 10/16/13 4 of 6 IF THE TELEPHONIC INTERPRETATION SERVICE IS UTILIZED AT A DEPARTMENT FACILITY: DESK OFFICER/ SUPERVISOR 7. Direct a member of the service to access the telephonic interpretation service via the dual handset telephone. MEMBER OF THE SERVICE 8. Utilize the dual handset telephone to access the telephonic interpretation service. NOTE The Communications Division will forward a copy of the telephonic interpretation service invoice to the Patrol/Transit/Housing Borough concerned for verification. The Patrol/Transit/Housing Borough Commander will designate a staff member to review the invoice and dispute any unauthorized calls. IF THE LANGUAGE INITIATIVE PROGRAM IS UTILIZED: MEMBER OF THE SERVICE 9. Advise immediate supervisor of the need for an interpreter/translator. SUPERVISOR, MEMBER OF THE SERVICE CONCERNED 10. Notify the Operations Unit and request available interpreter/translator. Supply as much of the following information as possible: a. Whether or not emergency circumstances exist b. Name of language and specific dialect c. Whether request is for speaking, reading or writing ability d. Name and callback number, if possible. NOTE The Department’s certified interpreter list is available through the Operations Unit twenty-four hours a day/seven days a week. OPERATIONS UNIT MEMBER 11. 12. 13. 14. NOTE Ascertain from available database a list of all registered translators and interpreters. Contact a registered interpreter/translator and advise him/her of the need for his/her services. Instruct member of the service selected to call the on-scene supervisor to ensure linguistic ability is adequate for the situation at hand. Notify the Intelligence Bureau, Criminal Intelligence Section of all inquires made into the Language Initiative Database. Operations personnel should seek to rely on the foreign language skills of those personnel who are certified as being proficient in the foreign language requested. Preference shall be given to the use of on-duty members. If no certified Department interpreter is available within the precinct, a certified Department interpreter who is available within the borough should be sought. In routine or non-emergency situations, the duty captain or commanding officer of the requesting supervisor will review and authorize any request which will result in overtime or recall of an off-duty member of service. In emergency circumstances, overtime or recall of an off-duty member of service will be authorized by the Operations Unit supervisor. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-90 REVISION NUMBER: PAGE: 10/16/13 5 of 6 SUPERVISOR, MEMBER OF THE SERVICE CONCERNED 15. OPERATIONS UNIT 17. Authorize response of interpreter/translator by notifying member of the service and his/her desk officer or counterpart. SUPERVISOR REQUESTING INTERPRETER/ TRANSLATOR 18. Submit a brief report, in triplicate, on Typed Letterhead to Chief of Personnel, and include the following: a. Identify member of the program utilized b. Describe translation/interpretation duties performed c. Indicate actual time spent on such duties d. Specify any noteworthy performance or initiative, and whether member demonstrated any other special aptitude or ability. NOTE A notification to the Operations Unit is required when certified Department interpreters are utilized by their own commands (“in-house” translations) to interpret or translate in the course of police duties. 16. Verify with the member of the service that he or she is able to communicate in the language requested. If the selected member of the service is not suitable, request Operations Unit to identify another interpreter/translator. IN ALL CASES WHEN AN INTERPRETER IS USED: MEMBER OF THE SERVICE 19. Record the identity of an interpreter (bilingual member of the service, bilingual member of the public, telephonic interpretation service, or a certified Department interpreter) utilized during a police incident in ACTIVITY LOG (PD112-145). In addition, indicate the identity of the interpreter on any relevant Department record prepared (COMPLAINT REPORT WORKSHEET [PD313-152A], ON LINE BOOKING SYSTEM ARREST WORKSHEET [PD244-159], New York State Domestic Incident Report [DIR] [DCJS 3221-02/2010], etc.) under the appropriate captions or in the details/narrative section, as appropriate. ADDITIONAL DATA When determining whether or not the person is LEP as defined in this procedure, the member of the service must consider both the nature and importance of the police services being provided in addition to the person’s apparent capacity to comprehend and communicate in English. A person who is considered LEP in one situation may not necessarily be considered LEP in a different situation. For example, a person with a limited ability to understand English may be able to interact effectively with the police at the scene of a motor vehicle collision, but not be able to interact effectively with the police during a homicide investigation, due to the complex characteristics and intricacies of such an incident. If doubt exists regarding whether a person is LEP, or if the person requests an interpreter, the person should be considered LEP and this procedure complied with. Unit commanders should consider the members’ certification or qualification status whenever members are utilized to translate or interpret. Members being assigned to perform interpretation for investigative assignments (e.g., wiretaps, interviews, debriefings, NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-90 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 6 of 6 ADDITIONAL DATA (continued) custodial interrogations, etc.) or translation duties should be certified Department interpreters. Whenever interpretation for an investigative assignment or translation skills are required, supervisors should consult the Department list of certified interpreters through the Operations Unit to determine if a certified member is available to perform the needed duties. It is recommended that certified members of the Language Initiative Program be used for custodial interrogations. However, not every language is represented under the Language Initiative Program. Use of non-certified members for investigative assignments in non-emergency situations must be approved by a uniformed supervisor. FORMS AND REPORTS ACTIVITY LOG (PD112-145) TYPED LETTERHEAD COMPLAINT REPORT WORKSHEET (PD313-152A) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) New York State Domestic Incident Report (DIR) (DCJS 3221-02/2010) FREE INTERPRETATION SIGN (SP 487) PRIMARY LANGUAGE IDENTIFIER (PD312-091) PRIMARY LANGUAGE IDENTIFIER – DETECTIVE BUREAU (PD312-091A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-91 DEPARTMENT REQUESTS FOR NEW YORK CITY TRANSIT BUSES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide procedures for requesting New York City Transit buses to be used for police purposes. SCOPE New York Transit makes its buses available to the Department for use in a variety of situations. The assignment of buses may be scheduled ahead of time for use in such planned activities as arrest sweeps or homeless transports. Buses may also be requested as needed for use in responding to an emergency, where they can serve as transportation to hospitals for large numbers of aideds suffering from minor injuries, shelter for victims of disasters and staging/rest locations for emergency responders, etc. PROCEDURE To request the use of New York City Transit buses in future planned operations, or in unplanned emergency operations: COMMANDING OFFICER/ COUNTERPART 1. Make request to appropriate Patrol, Transit or Housing Borough. IF FUTURE PLANNED OPERATION COMMANDING OFFICER/ COUNTERPART BOROUGH COMMAND CONCERNED 2. 3. Prepare written request to the Commanding Officer of the Operations Unit specifying the following: a. The nature of the activity b. The time and date of the activity c. The location where the bus is to be used d. Whether a New York City Transit bus operator is needed or whether the bus will be driven by a member of the service. Forward request to borough commander. 4. Endorse approved request and forward to Operations Unit. IF UNPLANNED EMERGENCY OPERATION COMMANDING OFFICER/ COUNTERPART 5. Telephone request to appropriate Borough Command. a. Provide the information as described in step 2a., above. BOROUGH COMMAND CONCERNED 6. Upon approval, forward telephone request directly to the Operations Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-91 REVISION NUMBER: PAGE: 08/01/13 2 of 2 OPERATIONS UNIT MEMBER CONCERNED 7. Forward requests for New York City Transit buses to the New York City Bus Command Center. a. Provide the information as described in step 2a., above. NOTE The New York City Transit Bus Command Center will make the necessary arrangements for securing the requesting bus or buses. The Bus Command Center will notify the Operations Unit when the arrangements are complete, and the Operations Unit will then relay the information to the requesting Borough. ADDITIONAL DATA When possible, requests for buses should be made sufficiently in advance to allow the time necessary for making arrangements, scheduling New York City Transit bus drivers, etc. It is often difficult for New York City Transit to supply buses for use during rush hours without adversely affecting regular bus service. Consequently, when a choice is available, the off-peak usage of buses is recommended. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-92 USE OF TEAR GAS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide for the use of tear gas. SCOPE Tear gas is an effective device when used judiciously in selected tactical situations. Its use by the Emergency Service Unit is designed to minimize, rather than increase, the potential for serious physical injury. However, such use carries with it the danger of physical injury or material damage regardless of the care exercised in its application. Therefore, it is imperative that measures be established for the judicious use of tear gas by members trained for this purpose while at the same time providing for the decontamination of those affected, whether civilian or police personnel. PROCEDURE When circumstances indicate the use of tear gas may be warranted: RANKING UNIFORMED MEMBER OF THE SERVICE AT SCENE 1. NOTE The ultimate decision concerning use of tear gas rests with the patrol borough commander or designee. Technical decisions concerning amount of gas and method of application will be made by the ranking member of the Emergency Service Unit at the scene. BOROUGH COMMANDER/ DESIGNEE AND EMERGENCY SERVICE UNIT SUPERVISOR 2. ADDITIONAL DATA The use of tear gas generally will result in contamination of persons and clothing to varying degrees. Since tear gas adheres to clothing, persons exposed to the gas may contaminate others in their proximity. Therefore, ALL persons exposed to the gas should be isolated from public contact, if possible, and afforded necessary treatment, including medical evaluation, when indicated. Notify radio dispatcher and request the following to respond to the scene: a. Precinct commander/duty captain b. Borough commander or designee c. Emergency Service REP Unit and truck d. Emergency Service Unit supervisor. Prior to use of tear gas, develop an operational plan to include, but not be limited to, the following: a. Establish a designated mobilization point. b. Station all police personnel not actively engaged in using the gas at a safe distance from its contaminating effects. c. Evacuation of all civilians from premises and away from areas likely to be affected by police operations, if such can be accomplished safely. d. Request Communications Section to direct the following to respond to the designated mobilization point and stand by thereat: (1) Fire Department company (2) Emergency Medical Service ambulance (3) Emergency Medical Service borough supervisor (4) Hazardous Material Decontamination Trailer and Support Vehicle (5) Department Patrol Wagon. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-92 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 First aid procedures call for the immediate removal of persons from the contaminated area to an open and upwind position. Eyes should be kept open and facing the wind and, if feasible, flushing the face, eyes and exposed skin with copious amounts of fresh, cool water is recommended. As noted above and if time allows, the Decontamination Trailer should be activated and brought to the mobilization point for this purpose. When the decision is made to use tear gas, the Decontamination Trailer should be made operative and positioned so that affected individuals can be decontaminated immediately. This method can be used to remove virtually all tear gas residue and should prevent unnecessary contamination of hospital emergency rooms if further treatment is necessary. Contaminated clothing should be removed at the scene, if practicable, and replaced by a disposable polylaminated tyvex suit, supplied by the Emergency Medical Service, or, if unavailable, a loosely draped blanket. Tight clothing should not be worn. Contaminated clothing or uniforms should be thoroughly aired and washed with soap and water before being worn. Dry cleaning will NOT remove tear gas residue. If discomfort persists, the person affected should be removed to a New York City hospital designated by the Emergency Medical Service supervisor on the scene for medical attention. When a person contaminated with tear gas is seriously ill or injured and hospital treatment is indicated, the Emergency Medical Service borough supervisor will direct the ambulance crew to respond to the designated city hospital. As directed by the Emergency Medical Service borough supervisor, on-scene decontamination procedures should be performed to the extent that such are medically feasible. Emergency Medical Service supervisors will be responsible for establishing liaison with the designated hospital administrator or deputy. Members of the service will comply with the directions of the Emergency Medical Service supervisor PRIOR to entering the facility with contaminated persons. If immediate medical attention is necessary, the Emergency Medical Service supervisors may designate any nearby medical facility. The final determination on which medical facility to use rests with the Emergency Medical Service borough supervisor. If the injured person being removed is under arrest, a uniformed member of the service will accompany the prisoner to the hospital. Patrol Guide procedure 210-04, “Prisoners Requiring Medical/Psychiatric Treatment” and related procedures will be complied with. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-93 USE OF DEPARTMENT CANINE TIMES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To inform uniformed members of the service of circumstances under which the Department’s canine teams may be utilized. SCOPE AUTHORIZED TACTICAL USES: PATROL CANINES a. Search buildings where a possible break-in is indicated or where a suspect may be hiding, providing non-suspects are not present in the building. b. Track suspects or missing persons. c. Locate lost/abandoned articles or hidden implements of crime. d. Assist in effecting arrest or preventing escape of person who police officer has probable cause to believe committed a felony. e. Protect police officers and other persons from injury and death. f. Assist in the service of arrest/search warrants. g. Safeguard police equipment and designated facilities, as needed. h. Perform cadaver searches for deceased humans or body part(s). i. Locate persons trapped or buried in a building collapse or search and rescue situation. j. Perform searches for felony suspects within the transit system, including subway tracks. NOTE Tactical use of canine teams not specifically authorized is prohibited without prior approval of the borough commander concerned. PROCEDURE When necessary to request utilization of a Department canine team: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Canine teams are available for duty upon request from any command/unit within the Department. PATROL SUPERVISOR 2. 3. 4. 5. 6. Request patrol supervisor to respond to the scene. Determine if circumstances warrant use of canine team. Request response of canine team through Communications Section. Consult with canine handler(s) prior to directing the tactical use of canine team(s) to determine if required task can be performed. Establish appropriate perimeter around area to be searched. a. Avoid contamination of the scene with human scent created by the presence of unnecessary persons, including police personnel, when searching a building or tracking. Notify commanding officer/duty captain concerned of any incident of physical injury caused by a canine. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-93 REVISION NUMBER: PAGE: 08/01/13 2 of 3 UNIFORMED MEMBER HANDLING CANINE 7. Notify member’s commanding officer/duty captain and canine supervisor immediately when canine injures anyone or is involved in any incident that may cause civil liability to the City of New York, on or off-duty, regardless of incident location. PRECINCT COMMANDER/ DUTY CAPTAIN CONCERNED 8. 9. Investigate any incident of physical injury caused by a canine. Ensure immediate notifications are made to canine supervisor/coordinator after any canine incident. Prepare report on Typed Letterhead detailing tactical uses of canine teams within the command and maintain appropriate records. a. Forward copy of report to canine coordinator through the Special Operations Division. NOTE The precinct commanding officer or duty captain assigned will supervise the preparation of written reports of canine incidents resulting in injuries to anyone, other than the handler. A copy of such report will be forwarded to the canine coordinator through the Special Operations Division. 10. 11. ADDITIONAL DATA Determine if request(s) for extra-jurisdictional tactical use of canine teams are proper. a. Request approval of patrol borough commander. b. Make required notifications. Canine teams will not be used for crowd control or as a deterrent at peaceful demonstrations. Request for use of canine teams at other than peaceful demonstrations requires the prior approval of the Chief of Patrol. The Canine Program is under the jurisdiction of the Patrol Services Bureau with program staff supervision and training provided by the Commanding Officer, Special Operations Division. Any requests for canine team services from agencies outside this Department will be directed to the Operations Unit. AUTHORIZED USES: DEPARTMENT BLOODHOUNDS A bloodhound has the unique ability to discriminate between scents and usually will not be sidetracked by other scents crossing a search path. When a scent is fresh, a patrol canine will normally be sufficient to perform the search and should be utilized first. When it is determined that a search for a live person(s) requires the unique scent discrimination ability of a bloodhound and the search cannot be handled by a patrol canine, a request will be made to the Operations Unit which will transmit the request to the bloodhound handler. The determination and request will be made by a supervisor from the Special Operations Division or Emergency Service Unit on the scene after consultation with the duty captain and a uniformed member of the Canine Unit. Prior to requesting a Department bloodhound, it must be determined that a good, uncontaminated scent article has been identified and will be safeguarded until the arrival of the bloodhound handler. The article is not to be handled by anyone, including members of the service. If it must be moved or collected, consult with a canine handler for instructions prior to removal. Scent articles can consist of any uncontaminated material (blood, clothing, etc.) that has been recently in contact with the person being sought. Washed clothes are not acceptable. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-93 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 A bloodhound will only trail from an uncontaminated scent article toward a person (living or dead). They are not trained to trail from a person (living or dead) to the origin of the trail (backtrack). Uniformed members of the service requesting a bloodhound should be aware that the bloodhound handler does not have the same protection as a patrol canine handler since a bloodhound is trained to track only, and will not defend the handler or assist in apprehending a subject. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-94 USE AND ISSUANCE OF SHOTGUNS/ LONG GUNS/AUTOMATIC WEAPONS DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To provide guidelines for the use of shotguns/long guns/automatic weapons and to maintain security and control the issuance of such weapons. PROCEDURE When a uniformed member of the service is issued a shotgun/long gun/automatic weapon: DEFINITION SPECIAL WEAPONS - Refers to shotguns/long guns/automatic weapons. NOTE The following guidelines are to be followed by all uniformed members of the service; however, more restrictive and/or specific guidelines may be imposed by a bureau chief, in addition to those listed below. DESK OFFICER 1. Maintain a log in a department record book, consisting of three sections, entitled “Special Weapons Record:” a. The first section, twenty pages labeled “QUALIFICATION SECTION,” will be captioned on a single page as follows: MEMBER’S RANK NAME b. TAX REGISTRY NUMBER DATE QUALIFIED DATE QUALIFIED DATE QUALIFIED The second section labeled “ISSUANCE SECTION” will be captioned, across a double page, as follows: LEFT PAGE DATE TIME OUT RANK NAME SIGNATURE SHIELD CURRENT DATE NUMBER QUALIFIED REASON RIGHT PAGE SPECIAL WEAPON SERIAL NO. c. SIGNATURE OF SUPERVISOR AUTHORIZING USE SIGNATURE OF VERIFYING SUPERVISOR TIME RETURNED Third section, last four pages labeled “MAINTENANCE SECTION” will be captioned across a double page, as follows: LEFT PAGE DATE RECEIVED SPECIAL WEAPON SPECIAL WEAPON SERIAL NUMBER RIGHT PAGE SIGNATURE OF SUPERVISOR AUTHORIZING REMOVAL NOTE DATE RETURNED DATE REMOVED FROM COMMAND REASON MOS SIGNATURE SIGNATURE OF SUPERVISOR DATE VERIFYING RETURN OF INSPECTED BY SPECIAL WEAPON FIREARMS UNIT The Special Operations Division has separate guidelines for the issuance of special weapons. 2. Have unissued special weapons stored in the locked gun cabinet. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-94 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 4 Special weapons should be wiped down and lubricated periodically by an authorized person at the command of issuance. DESK OFFICER 3. (continued) NOTE Verify that member concerned is currently qualified by the Department in the use of special weapons to be used. Under no circumstances will a special weapon be issued to, or handled by a member whose range qualifications are not current. 4. 5. NOTE Make required entries in “Special Weapons Record”. Issue special weapon to qualified member concerned. A shotgun is a mandated item of equipment when one officer sector patrol vehicles are utilized and for use by solo Highway District personnel. 6. Make a Command Log entry at the beginning of each tour indicating the disposition of all special weapons assigned to command. UNIFORMED MEMBER OF THE SERVICE 7. 8. Make required entries in “Special Weapons Record”. Load/unload the special weapon at the safety station maintained at command. NOTE Uniformed members of the service shall only carry special weapons and ammunition authorized and issued by this Department while on duty. UNIFORMED MEMBER OF THE SERVICE ASSIGNED TO DESIGNATED SECTOR AS A SOLO UNIT: UNIFORMED MEMBER OF THE SERVICE 9. 10. DESK OFFICER 11. 12. NOTE Lock and secure windows, doors, and place shotgun in the locking device of RMP in all of the following situations: a. When leaving shotgun in an unoccupied vehicle b. When responding to a scene where other members are present, unless extraordinary circumstances dictate the need for shotgun. Immediately return shotgun to precinct of issuance, if defective. Have defective shotguns/other special weapons delivered to Department Gunsmith at the Outdoor Range, for repairs or replacement, during the second platoon, Monday through Friday. Notify patrol supervisor and Communications Section of any change in the status of a solo RMP unit. In all cases where a solo RMP unit, assigned to a designated sector, is converted to a solo SP10, solo summons unit or any other one or two officer unit, the shotgun must be immediately returned to the command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-94 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 4 Uniformed members of the service should not unnecessarily display special weapons. Their use should be limited to those situations where the officer would ordinarily carry his firearm in his hand for the purpose of safety and the tactical situation indicates use of a special weapon clearly outweighs the use of the handgun. The actual use of the special weapon should only be in a situation where the circumstances spell out a potential case of justifiable use of deadly physical force, as a last resort after all other means have been exhausted. All provisions of the Patrol Guide and other Department directives regarding the use of firearms are also applicable use of special weapons. The following additional guidelines regarding the issuance and utilization of special weapons for various Department units are to be complied with in addition to the preceding procedures: DETECTIVE/ORGANIZED CRIME CONTROL BUREAUS: Detectives/Organized Crime Control Bureau personnel shall utilize the special weapons and tactical expertise of Emergency Service personnel for pre-planned events. If there is insufficient time or other compelling factors are present, a captain or above may authorize the issuance of special weapons when all the following circumstances exist: a. A tactical plan is formulated b. It is a potential arrest situation c. An arrest or search warrant has been issued. d. There is a history of violence on the part of the perpetrator. Special weapons may be issued when other circumstances would lead a reasonable person to believe that the use of special weapons would be prudent and necessary. A captain or above must accompany those members issued such weapons on their assignments and maintain firearms control. A captain or above will insure that all members are wearing a protective vest and the special weapon is unloaded, opened and encased while being transported to scene and upon conclusion of assignment. The special weapon will not be loaded until arrival at scene of incident. Special weapons shall not be used without the direction of the captain or above except in those situations which require immediate action to prevent serious bodily injury or death and then only if the lives of innocent people are not unnecessarily endangered. When services of Emergency Service Unit are utilized in connection with a pre-planned tactical operation, only members of Emergency Service Unit will carry shotguns/special weapons. EMERGENCY SERVICE UNIT/HARBOR UNIT: The use of special weapons will be limited to specific instances as outlined below: a. When a barricaded criminal, hostage taker or emotionally disturbed person possesses a firearm or the member has reasonable grounds to believe such person possesses a firearm. b. When a hostage taker is armed with a weapon and is threatening the life of a hostage and it may become necessary to use deadly physical force to protect the life of the hostage. c. When conducting searches for armed perpetrators or when it is believed such perpetrators are armed, including the executions of warrants. d. When engaged in VIP escorts and protection. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-94 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 e. f. g. h. i. 4 of 4 When guarding dangerous criminals in conjunction with the New York City Department of Corrections. When guarding payrolls, narcotics or weapons transfers. When a captain or above deems a special weapon appropriate for the situation at hand. When a spontaneous incident takes place which requires immediate action to prevent serious bodily injury or death, and then only if the lives of innocent people are not unnecessarily endangered. Special weapons shall not be utilized in restraining an emotionally disturbed person unless the circumstances of sub-division “a” exist. Authorized members of the service assigned to Highway Units can be issued special weapons under circumstances described in sub-divisions “d” and “e” above. A special weapon is issued to a member for his own protection and will, as a general rule, only be employed in the defense of his own life, another officer’s life, or the life of an innocent civilian. Solo officers, detectives and members assigned to the Organized Crime Control Bureau have not been trained in the specialized tactics utilized by Emergency Service Unit personnel and should not be used as their replacements. RELATED PROCEDURE Firearms Discharge by Uniformed Members of the Service (P.G. 212-29) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-95 USE OF PEPPER SPRAY DEVICES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To inform uniformed members of the service of circumstances under which pepper spray may be intentionally discharged and to record instances where pepper spray has been discharged, intentionally or accidentally. SCOPE Use of Oleoresin Capsicum (O.C.) pepper spray constitutes physical force under the New York State Penal Law. Use of pepper spray is proper when used in accordance with Article 35 of the Penal Law and Department procedures. O.C. pepper spray may be used when a member reasonably believes it is necessary to effect an arrest of a resisting suspect, for self-defense or defense of another from unlawful force, or to take a resisting emotionally disturbed person into custody. In many cases, pepper spray will reduce or eliminate the need for substantial physical force to effect an arrest or gain custody. It will often reduce the potential for injuries to members and suspects that may result from physical restraint and it should be regarded as a possible alternative to such force and restraint, where practical. Pepper spray shall not be used in situations that do not require the use of physical force. O.C. pepper spray may be used in arrest or custodial restraint situations where physical presence and/or verbal commands have not been, or would not be, effective in overcoming physical resistance. PROCEDURE When necessary to use pepper spray device: UNIFORMED MEMBER OF THE SERVICE 1. 2. Hold pepper spray in an upright position, aim and discharge pepper spray into a subject’s eyes for maximum effectiveness, using two one second bursts, at a minimum distance of three feet, and only in situations when the uniformed member of the service reasonably believes that it is necessary to: a. Protect self, or another from unlawful use of force (e.g., assault) b. Effect an arrest, or establish physical control of a subject resisting arrest c. Establish physical control of a subject attempting to flee from arrest or custody d. Establish physical control of an emotionally disturbed person (EDP) e. Control a dangerous animal, by deterring an attack, to prevent injury to persons or animals present. Effect arrest of criminal suspect against who pepper spray was used and charge with crime which initiated use of the pepper spray. a. Add resisting arrest charge, when appropriate b. P.G. 210-13, “Release Of Prisoners - General Procedure” will be complied with if it is determined that arrested person did not commit the crime or that no crime was committed. c. P.G. 216-05, “Mentally Ill Or Emotionally Disturbed Persons,” will be complied with, when appropriate. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-95 REVISION NUMBER: PAGE: 08/01/13 2 of 4 NOTE Do not use pepper spray on subjects who passively resist (e.g., going limp, offering no active physical resistance). If possible, avoid using pepper spray on persons who appear to be in frail health, young children, women believed to be pregnant, or persons with known respiratory conditions. Avoid discharging pepper spray indiscriminately over a large area for disorder control. (Members who are specifically trained in the use of pepper spray for disorder control may use pepper spray in accordance with their training, and within Department guidelines, and as authorized by supervisors.). In addition, avoid using O.C. spray in small contained areas such as automobiles and closets. UNIFORMED MEMBER OF THE SERVICE (continued) 3. 4. 5. 6. NOTE Request response of Emergency Medical Service (EMS) once the situation is under control. a. Advise person sprayed that EMS is responding. Remove the subject from the contaminated area and expose to fresh air while awaiting the arrival of EMS, or transportation to hospital/ stationhouse if tactically feasible. a. Determine whether the person sprayed is wearing contact lenses. (It is strongly recommended that contact lenses be removed as soon as possible after exposure to O.C. spray.) Position subject on his/her side or in a sitting position to promote free breathing. a. The subject should never be maintained or transported in a face down position. b. Do not sit, stand, or kneel on subject’s chest or back. Provide assistance to subject as follows: a. When consistent with member’s safety, and provided a source of water is readily available, the uniformed member should flush the contaminated skin area of a subject with profuse amounts of water. b. Repeat flushing at short intervals, if necessary, until symptoms of distress subside. c. Continue flushing the contaminated skin of the subject in custody, at the stationhouse as needed. d. Commence the flushing of a subject’s contaminated skin upon arrival at the stationhouse, if this has not already been done. Do not rub or touch skin of contaminated person, as the initial effect of pepper spray does not dissipate for 15 - 20 minutes. Also, do not use salves, creams, ointments, commercial eye washes or bandages. The desk officer will ensure that all prisoners who have been sprayed with pepper spray receive appropriate first aid, if needed, upon arrival at the stationhouse. Desk officers are also responsible for ensuring that prisoners who have been sprayed with pepper spray are properly observed throughout the arrest process, and that they receive prompt medical attention if they need or request it. A Command Log entry will be made stating whether the prisoner has had his/her skin flushed with water, been examined by EMS, or been transported to the hospital. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-95 UNIFORMED MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 08/01/13 7. 8. 9. 3 of 4 Transport prisoner immediately to the emergency room of the nearest hospital if he/she is demonstrating difficulty breathing, or exhibiting signs of severe stress, hyperventilation etc. a. Windows of transport vehicle should be kept open b. Members who come in contact with persons who have been exposed to pepper spray must thoroughly wash their hands afterward and avoid having any contaminated clothing make contact with their face c. Advise hospital staff that pepper spray has been used on prisoner. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD 244-159) and MEDICAL TREATMENT OF PRISONER (PD 244-150) in arrest situations. Complete the AIDED REPORT WORKSHEET (PD 304-152b) in nonarrest situations, e.g. EDP, and: a. Check box “O.C. Spray Used” b. Enter rank, name, and tax registry number, of each MOS who discharged spray in the “Details” caption c. List the time, doctor’s name, and diagnosis under “Details” caption, when applicable. COMMANDING 10. OFFICER, M.I.S.D. Provide a quarterly printout of all arrest and aided incidents where pepper spray was discharged to the commanding officer, Firearms and Tactics Section. COMMANDING 11. OFFICER, FIREARMS AND TACTICS SECTION Analyze situations where O.C. spray was employed to evaluate its effectiveness. a. As appropriate, modify existing training/tactics relative to the use of pepper spray. ADDITIONAL DATA The only pepper spray authorized for use is the type issued to all uniformed members through the Firearms and Tactics Section. In order to maintain the effectiveness of the spray, it is recommended that the device be shaken at the start of each tour. Carrying the pepper spray device during normal patrol duty should be sufficient to keep the solution thoroughly mixed. Pepper spray will not automatically stop all subjects, and even when it does incapacitate, the effects are temporary. Members should therefore be ready to use other appropriate force options and tactics. When performing duty in uniform, the pepper spray shall be carried in its holster attached to the non-shooting side of the gun belt. When performing enforcement duty in civilian clothes the pepper spray must be carried, in the holster attached either to a belt or in another appropriate manner. Undercover members may opt not to carry the pepper spray. Members of the service may carry the pepper spray device during off duty hours. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-95 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 RELATED PROCEDURES Lost or Damaged Uniform (P.G. 204-07) Prisoner Requiring Medical/Psychiatric Treatment (P.G. 210-04) Release of Prisoners - General Procedure (P.G. 210-13) Hazardous Material (P.G. 212-37) Hostage/Barricaded Persons (P.G. 212-38) Aided Cases - General Procedure (P.G. 216-01) Preparation of Aided Report Worksheet (P.G. 216-02) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Loss or Theft of Department Property (P.G. 219-20) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-96 TRAFFIC ENFORCEMENT AGENT VICTIM OF AN OFFENSE WHILE PERFORMING DUTY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To report and record incidents in which traffic enforcement agents are victims of an offense while performing duty. PROCEDURE When a traffic enforcement agent is the victim of harassment, assault, reckless endangerment, menacing (H.A.R.M.), or any other circumstances that prevent them from performing their duties, follow normal civilian work related injury reporting procedures (see “RELATED PROCEDURES”) and: TRAFFIC ENFORCEMENT AGENT 1. NOTE In cases involving offenses against traffic enforcement agents, the patrol supervisor, precinct of occurrence must respond to the scene and conduct the initial investigation. A Traffic Enforcement District supervisor must respond to the scene and assist in the investigation. PATROL SUPERVISOR 4. 5. 2. 3. 6. 7. 8. 9. Request the response of patrol supervisor, precinct of occurrence, and a Traffic Enforcement District supervisor. Remain at scene unless hospitalization or medical attention is required. Request witness(es) to await arrival of the patrol supervisor, precinct of occurrence. Investigate circumstances. Interview traffic enforcement agent concerned. a. Ensure that proper enforcement action has been taken against any person harassing, assaulting, etc., a traffic enforcement agent, if warranted. Obtain the name of the hospital, attendant and doctor, if removed to a hospital. a. Notify the Operations Unit promptly, if the member of the service injured requires hospital treatment. b. An additional notification to the Operations Unit is also required before final reports are prepared to update Operations of the status of the injured member of the service. Have COMPLAINT REPORT (PD313-152) prepared, if necessary, and refer case to appropriate detective squad if suspect has fled the scene, or if there are other reasons why additional investigation is appropriate. Ensure the preparation of a Police Accident Report (MV104AN), if vehicle involved, or AIDED REPORT WORKSHEET (PD304-152b), in all other cases, and forward in normal manner. a. Interview witnesses and have them prepare a WITNESS STATEMENT – INJURY TO MEMBER OF THE DEPARTMENT (PD 429-065). Prepare an UNUSUAL OCCURRENCE REPORT (PD370-152), and include a statement whether the traffic enforcement agent concerned was a victim of assault, (as defined in New York State Penal Law, Section 120), if injury is serious or if it is a newsworthy, significant incident, and forward to Chief of Transportation through channels. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-96 PAGE: 08/01/13 10. TRAFFIC ENFORCEMENT DISTRICT SUPERVISOR 11. 12. 13. C.O./ TRAFFIC ENFORCEMENT AGENT INVOLVED ADDITIONAL DATA REVISION NUMBER: 2 of 2 Prepare PARKING ENFORCEMENT DISTRICT H.A.R.M. REPORT (PD313-1515) and forward as indicated on form, if harassment, assault, reckless endangerment, or menacing against the traffic enforcement agent is verified during the investigation. Notify Traffic Enforcement District, Traffic Management Center, Employment Section and Operations Unit. Forward copies of all forms prepared to the Employment Section, attention of the Employee Benefits Unit. Comply with Administrative Guide 319-15, “Civilian Member-Injury,” when a traffic enforcement agent is injured while performing duty. Whenever a traffic enforcement agent, while performing official duties, claims an assault or is the subject of any other crime by an individual, and the agent wishes to prefer charges, the patrol supervisor, precinct of occurrence will determine if probable cause exists. Upon that determination, an arrest may be affected and the traffic enforcement agent involved will be the complainant in such cases. In all cases where traffic enforcement agents are injured on duty, notifications will be made by Communications Division to both the duty captain and to the Traffic Management Center. The Traffic Management Center will then notify a ranking member of the Traffic Enforcement District. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Vehicle Collisions - General Procedure (P.G. 217-01) Civilian Member - Injury (A.G. 319-15) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT (PD313-152) PARKING ENFORCEMENT DISTRICT H.A.R.M. REPORT (PD313-1515) UNUSUAL OCCURRENCE REPORT (PD370-152) WITNESS STATEMENT – INJURY TO MEMBER OF THE DEPARTMENT (PD 429-065) Police Accident Report (MV104AN) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-97 SCHOOL SAFETY AGENT - VICTIM OF AN OFFENSE WHILE PERFORMING DUTY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To report and record incidents in which school safety agents are victims of an offense while performing duty. PROCEDURE When a school safety agent is the victim of an offense while performing duty, follow normal civilian work related injury reporting procedures (see “RELATED PROCEDURES”) and: SCHOOL SAFETY AGENT 1. NOTE In cases where there is no school safety supervisor assigned to the school, a school safety supervisor MUST respond from the school safety borough office. In cases where the precinct school safety sergeant is unavailable, the patrol supervisor MUST respond. SCHOOL SAFETY SUPERVISOR 5. 6. 7. 8. 2. 3. 4. 9. 10. 11. 12. 13. Request a school safety supervisor and school safety sergeant, precinct of occurrence, to respond. Notify the principal of the incident as soon as possible. Remain at scene unless hospitalization or medical attention is required. Request witnesses to await arrival of the school safety supervisor and the precinct school safety sergeant/patrol supervisor. Ensure that the school principal has been notified. Initiate investigation. Interview school safety agent concerned. Obtain the name of the hospital, attendant and doctor, if removed to a hospital. Have school safety agent prepare, in own handwriting, if possible: a. Two copies of Employee Option Form (DP2002) b. Two copies of Employee’s Notice of Injury (WCD23) (Law Department form #WCD23), and submit to commanding officer, precinct of occurrence. Interview witness(es) and request that WITNESS STATEMENT INJURY TO MEMBER OF THE DEPARTMENT (PD429-065) be prepared. Prepare two copies of Supervisor’s Report of Injury (WCD201). a. Ensure that the injury is reported to the Employment Section, Employee Benefits Unit immediately following the incident or by the next business day. Prepare COMPLAINT REPORT WORKSHEET (PD313-152a), if necessary, and refer to appropriate precinct detective squad. Prepare a Police Accident Report (MV104AN), if vehicle involved, or AIDED REPORT WORKSHEET (PD304-152b), in all other cases, and forward in normal manner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-97 REVISION NUMBER: PAGE: 08/01/13 2 of 3 PRECINCT SCHOOL SAFETY SERGEANT/ PATROL SUPERVISOR 14. NOTE This notification is in addition to, and does not preclude the requirement for other notifications to Operations as indicated elsewhere in this procedure. 15. 16. 17. 18. DESK OFFICER 19. 20. SCHOOL SAFETY BOROUGH MANAGER 21. 22. Respond to scene and review actions taken by the school safety supervisor. Notify the Operations Unit promptly, if the member of the service injured requires hospital treatment. a. An additional notification to the Operations Unit is also required before final reports are prepared to update Operations of the status of the injured member of the service. Prepare FIREARMS DISCHARGE/ASSAULT REPORT (PD424-151), if investigation reveals harassment, assault, reckless endangerment, or menacing against a school safety agent. a. Insert “School Safety Agent Involved” on top right side of form and forward as indicated. Report details to desk officer. a. Indicate any negligence on the part of the school safety agent. Prepare report on Typed Letterhead and forward to precinct commanding officer. a. Forward copy of report to the Commanding Officer, School Safety Division. Make Command Log entry regarding results of investigation, and specify: a. Whether injury was sustained in the line of duty b. Any negligence on the part of the school safety agent. Notify: a. Employment Section b. Operations Unit c. School Safety Division Forward, to the Employment Section supervisor, Employee Benefits Unit: a. Two copies of report on Typed Letterhead b. Two copies of Employee’s Notice of Injury c. WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT, if prepared. d. Two copies of the Employee’s Option Form e. Two copies of the Commanding Officer’s Report of Injury (Form E) f. Two copies of the Supervisor’s Report of Injury. Notify Employment Section when school safety agent returns to duty and every subsequent time that the agent reports sick and returns to duty as a result of injury. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-97 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 ADDITIONAL DATA Whenever a school safety agent, while performing official duties, claims an assault or is the subject of any other crime and the agent wishes to prefer charges, the precinct school safety sergeant concerned will determine if probable cause exists. Upon a determination that probable cause exists, the precinct school safety sergeant will direct the school safety agent to place the individual under arrest. If the agent (victim) is unable to effect the arrest (e.g., hospitalization, etc.), the school safety sergeant will direct another school safety agent to effect the arrest. The school safety agent (victim) will be the complainant in such cases. Under no circumstances shall a school safety agent who is not a peace officer be directed to effect an arrest. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Vehicle Collisions - General Procedure (P.G. 217-01) Civilian Member - Injury (A.G. 319-15) FORMS AND REPORTS WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065) COMPLAINT REPORT WORKSHEET (PD313-152a) AIDED REPORT WORKSHEET (PD304-152b) FIREARMS DISCHARGE/ASSAULT REPORT (PD424-151) Commanding Officer’s Report of Injury (Form E) Employee Option Form (DP2002) Employee’s Notice of Injury (Law Department Form WCD23) Supervisor’s Report of Injury (Law Department Form WCD201) Police Accident Report (MV104AN) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-98 HOUSING BUREAU CLOSED CIRCUIT TELEVISION PATROL DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 9 PURPOSE To establish a uniform system for effective video patrol and videotape archival to be utilized for the operation of closed circuit television (CCTV) systems located in public housing developments. DEFINITIONS CCTV INCIDENT - Any activity or occurrence, which is, or may be in a CCTV viewing area that requires response of police personnel or further investigation. INVASIVE VIDEO PATROL - The viewing of areas unable to be seen under normal circumstances by an officer in the field. PAN, TILT, AND ZOOM CONTROL (PTZ) - Three terms associated with CCTV cameras to indicate the horizontal (pan), vertical (tilt), and magnification (zoom) capabilities. VIPER - An acronym for CCTV monitoring stations: (Video-Interactive, Patrol, Enhanced, Response). PLAYBACK STATION - A (VCR) used to review recorded video. VIDEO PRINTER - A device used to provide still photographs of a video event. DIGITAL VIDEO RECORDER (DVR) - A device that accepts video signals from a video camera and records the image on a computer hard drive. DIGITAL RECORDING SYSTEM - A CCTV system that records images on the hard drive of a digital video recorder. ANALOG RECORDING SYSTEM - A CCTV system that records images on super VHS videotape. PROACTIVE VIDEO PATROL - The frequent use of both fixed and pan tiltzoom cameras to actively monitor locations for crimes/violations in progress, potential criminal activity or quality of life conditions and any circumstance that may affect the safety and security of the community. POST-INCIDENT REVIEW - The use of recorded image to examine the circumstances of a VIPER incident. VIDEO PATROL OFFICER - Uniformed member of the service assigned to view monitors at a VIPER base. PROCEDURE When uniformed members of the service assigned to video patrol engage in CCTV monitoring functions, document the occurrence of a CCTV incident, or archive videotapes used in the CCTV monitoring process: VIDEO PATROL - DUTIES AND RESPONSIBILITIES VIDEO PATROL OFFICER 1. Monitor video screens to identify: a. Crimes/violations in progress b. Wanted/suspicious persons c. Conditions that affect the quality of life d. Individuals that require medical attention, and e. Any other incident requiring police response. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-98 VIDEO PATROL OFFICER (continued) 2. 3 5. 6. 7. 8. 9. 2 of 9 Monitor portable radio to determine whether a call for service affects a CCTV viewing area. Do not view windows of private dwellings or the interior of private dwellings or any place where a civilian has a reasonable expectation of privacy. Taking photographic images of citizens for non-police related reasons is strictly prohibited. Acknowledge all camera and motion detector alarms and take appropriate action as necessary. Contact command concerned by telephone for conditions not requiring immediate attention. Utilize radio or “911” notifications for emergency conditions. Be familiar with crime conditions and persons wanted for past crimes within area of responsibility. Report suspected criminal activity as per P.G. 207-08, “Preliminary Investigation of Vice, Narcotics or Organized Crime-Related Complaints” and P.G. 212-12, “Citywide Intelligence Reporting System”. Record in the VIPER patrol log and on the CLOSED CIRCUIT TELEVISION INCIDENT REPORT (PD 313-1514) the Intelligence Bureau log number and the name of the Intelligence Bureau member notified. The CLOSED CIRCUIT TELEVISION INCIDENT REPORT is utilized to record any CCTV incident or equipment malfunction. 10. 11. NOTE PAGE: 10/16/13 4. NOTE REVISION NUMBER: Conduct hourly DVR/VCR and camera status checks. Ensure that the ambient temperature at the VIPER base rises no higher than 80 degrees Fahrenheit. If the VIPER base ambient temperature rises above 80 degrees Fahrenheit immediately notify the Technical Assistance Response Unit (TARU) CCTV. Prepare a CLOSED CIRCUIT TELEVISION INCIDENT REPORT to document the incident. 12. 13. 14. 15. 16. 17. 18. 19. Maintain Video Patrol Log in a plain number 4, bound book. Contact the precinct concerned on a daily basis during the first hour of tour when assigned to the 2nd platoon. a. Ensure all COMPLAINT REPORTS (PD313-152) affecting areas of surveillance are forwarded to the CCTV base. b. Document inquiry in the Video Patrol Log. Utilize COMPLAINT REPORTS to conduct comprehensive post incident review of video incidents as necessary. Monitor radio calls for service occurring within area of responsibility. Change and maintain videotapes/compact discs as necessary. Catalog and track all videotapes/CDs photos. Record daily activity in ACTIVITY LOG (PD112-145). Ensure the “real time” video recorder has a T-30 video tape installed and is properly functioning. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-98 PAGE: 10/16/13 20. VIDEO PATROL OFFICER (continued) REVISION NUMBER: 21. 22. 23. 24. 25. 26. 27. 28. 29. 3 of 9 Conduct camera and DVR/VCR inspections each hour and make required entries in Video Patrol Log. Enter number of properly functioning cameras and DVR/VCRs. Indicate whether any equipment is deficient and notify the TARU CCTV Unit, 24 hours/7 days per week. a. Ensure CLOSED CIRCUIT TELEVISION INCIDENT REPORT is prepared when there is an equipment deficiency and then faxed to the TARU CCTV Unit and the Housing Bureau Wheel. Permit only trained UMOS to utilize the CCTV equipment. Utilize Pan Tilt Zoom (PTZ) cameras to conduct a minimum of two license plate inquiries per hour, at least sixteen per tour, on vehicles located in areas within the vicinity of the development. Record result of license plate inquiries in the Finest Log. Provide recorded video/photographic materials to arresting/investigative member of the service for official Department use only. a. Document each request on a CLOSED CIRCUIT TELEVISION VIDEO/PHOTO RECEIPT (PD313-170) and in the Video Patrol Log and Video Archival Log. b. Provide copy of VIDEO/PHOTO RECEIPT to receiving member. Assist investigative units in presenting video/photographic material to crime victims and witnesses. Sign Video Patrol Log at beginning and end of tour. Do not release video material to anyone outside the Department. NOTE The District Attorney’s Office will have access to video for the purposes of criminal prosecution through the investigating/arresting officer. VIDEO PATROL SUPERVISOR 30. NOTE Visiting supervisors are required to sign the Video Patrol Log. 31. 32. Prepare a CLOSED CIRCUIT TELEVISION INCIDENT REPORT in the event of a CCTV incident. Ensure proper maintenance of the: a. Video Patrol Log b. FINEST Log c. Videotape/Compact Disc/Photo Archival Log. Review the Video/Photo Archival Log to identify videotapes/photos not returned within 60-days. a. Contact command concerned via Typed Letterhead to request return of materials. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-98 REVISION NUMBER: 10/16/13 VIDEO PATROL SUPERVISOR (continued) 33. NOTE Two officers are to be assigned on post when available. c. d. e. 35. Conduct random checks of videotapes recorded from PTZ cameras to ensure video patrol officers are actively monitoring all viewing areas. Review at least one half-hour of recorded video from PTZ cameras each tour to ensure that cameras are being used in a non-invasive manner by video patrol officers. Supervisory reviews of recorded video will be documented in the Video Patrol Log and will include the name(s) of the video patrol officer(s) who was/were monitoring the system for the portion of the tape that was reviewed. The camera number, date, and block of time will also be included. Each uniformed member assigned to monitor tapes will have his/her tapes reviewed at least once each week. Any violations discovered by a supervisor will be reported to the Chief of the Housing Bureau on Typed Letterhead. 36. 37. NOTE Videotapes are erased/destroyed in the presence of any supervisor seven days following the tapes final use. Subdivision “f” only applies to analog CCTV systems. 34. NOTE That video patrol officers utilize PTZ cameras to conduct a minimum of two license plate inquiries per hour (at least 16 per tour) on vehicles located in areas within the vicinity of the development. Report suspected criminal activity as indicated in step 9 above. All intelligence referrals are recorded on the weekly VIPER Activity report and in the VIPER log. That all video/recording equipment is kept clean and serviceable. No food or beverages will be consumed in the immediate vicinity of any CCTV equipment. f. NOTE 4 of 9 Ensure: a. At least one video patrol officer is assigned on post at all times to monitor the video equipment. b. NOTE PAGE: Inspect CLOSED CIRCUIT TELEVISION INCIDENT REPORTS for completeness and accuracy. Develop and maintain a: a. Liaison with the Patrol Service Area/Staten Island Housing Unit (PSA/SIHU) intelligence officer and crime analysis personnel. b. Crime information center within the VIPER base. All crime information/photos gathered from the PSA/SIHU intelligence officer and other units will be displayed and updated to remain current. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-98 REVISION NUMBER: PAGE: 10/16/13 5 of 9 DOCUMENTING THE OCCURRENCE OF A CCTV INCIDENT VIDEO PATROL OFFICER 38. NOTE Incidents, which are captured live by VIPER personnel, should also be taped “real time” on a thirty-minute videotape. 39. 40. 41. 42. 43. 44. 45. NOTE Request the Communications Section, by radio, to assign an emergency incident to an available resource. a. The command concerned will be notified of non-emergency incidents. Enter the time of occurrence and tape counter number on the VCR in the Video Patrol Log. Ensure that the incident was captured on tape. Stop recording on the respective VCR and remove tape at the conclusion of the incident. Insert a new properly labeled tape. Notify the Housing Bureau Wheel of all significant CCTV incidents. Prepare a CLOSED CIRCUIT TELEVISION INCIDENT REPORT. Fax copy of REPORT to the: a. Office of the Chief of Housing Bureau, b. Housing Bureau Wheel, c. TARU-CCTV Team, and d. Overhead command. CLOSED CIRCUIT TELEVISION INCIDENT REPORTS will be numbered beginning with the number one each calendar year. A record of these REPORTS will be maintained in a plain number 2 book utilizing the following captions. INCIDENT REPORT # 46. NOTE DATE TIME LOCATION DESCRIPTION OF OCCURRENCE Notify the precinct detective squad of any incident requiring further investigation and make appropriate entry in the Video Patrol Log. Tapes containing acts that constitute a crime will be invoiced by the arresting or investigating officer/detective. 47. 48. Make an additional copy of the tape containing the incident labeled “DO NOT ERASE” and store in archives. a. Archive for 180 days and then destroy. Release an original videotape/photo to an arresting/investigative member of the service only after member : a. Prepares a CCTV VIDEO/PHOTO RECEIPT including an invoice number. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-98 REVISION NUMBER: PAGE: 10/16/13 6 of 9 NOTE Intentional obstruction of a viewing area and/or vandalism to a camera is to be considered a CCTV incident. VIDEO PATROL SUPERVISOR 49. 50. 51. Evaluate requests for videotapes and photographs and provide to requesting member, if deemed appropriate. Make proper notifications if the incident is of an unusual nature. Ensure that video patrol officers properly document CCTV Incidents. VIDEOTAPE ARCHIVAL 52. VIDEO PATROL OFFICER 53. 54. 55. 56. VIDEO PATROL SUPERVISOR 57. 58. Inspect all equipment for proper operation daily at 2350 hours prior to changing videotapes. Depress “Stop” on all VCRs at 0001 hours beginning with VCR #1. Remove tape from machine immediately and place in seven-day storage. a. Insert immediately new properly labeled tape into the machine and promptly resume recording. Repeat procedure until tapes in all VCRs have been changed. Make entry in the Video Patrol Log as follows: “Police Officer ___________ Tax # ___________ changed the tapes for (day of week & date) in VCRs 1 to (total # of VCRs). Police Officer ___________ inspected all equipment and found it to be operational at this time.” Maintain videotape library and conduct random daily inspection to ensure the integrity of the videotape files. Ensure that videotapes utilized for the complete cycle of seven twenty-four hour periods are erased and destroyed seven days after the last taping. DUTIES OF NON-VIPER PERSONNEL 59. PSA/SIHU DESK OFFICER Utilize monitor located at desk to conduct roll call at the start of each tour and to ensure: a. The safety of VIPER personnel - (Check the monitor frequently!) b. VIPER base is properly staffed. c. VIPER personnel are actively viewing their assigned monitors. 60. Check that all VIPER personnel have received area maps indicating where the most current narcotic and gun arrests have been made within their appropriate housing area. a. List all identifiable crime patterns or trends along with relevant data on the bottom of the map. b. Distribute maps to all VIPER personnel no later than 1200 hours on Tuesday of each week. Generate a specific “Tip Sheet” for Housing developments equipped with CCTV and contiguous areas. PSA/SIHU CRIME ANALYSIS PERSONNEL 61. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-98 REVISION NUMBER: PAGE: 10/16/13 7 of 9 NOTE “Tip Sheets” will include crime patterns, locations, descriptions/photos of suspects, and any other information that will aid VIPER personnel in fighting crime and gathering intelligence. PSA/SIHU CRIME INTELLIGENCE OFFICER 62. ADDITIONAL DATA THE VIDEO PATROL LOG The Video Patrol Log will contain two columns and will be utilized for making required entries. The first column will record the time of the entry. The second column will briefly describe the incident, as appropriate, and be used to record final dispositions, notifications and invoice numbers. A double line will be drawn across the page under the last entry for the twenty-four hour period ending at 2400 hours. Before the first entry is made for the next day, the day and date will be entered and underlined. Entries will be made as follows: a. Equipment inspections - hourly camera and VCR inspections b. Hourly inspection of temperature within the VIPER base. c. An entry must be made at the start of each tour indicating the total inventory of nonarchived tape and compact discs present. For example, “PO Smith reports there are 300 T-120 tapes and 25 T-30 tapes present at this time.” d. Detailed account of CCTV incidents to include rank, name, and shield number of video patrol officer on post; date, time and exact location of incident; type of incident; action taken; unit responding and/or 911 operator notified; preparation of CLOSED CIRCUIT TELEVISION INCIDENT REPORT e. Notifications f. Uniformed members reporting on and off duty g. Uniformed members present on post h. Uniformed members leaving post for any reason immediately followed by entry of relieving officer i. Equipment problems/malfunctions j. Requests for review of videotapes by other units k. Requests for permanent or temporary removal of videotapes/photos for review or invoicing l. Visits by authorized personnel m. For analog systems, record daily videotape changes at the beginning of the first platoon. Entry should include the time required to perform the changing of tapes and to inspect the VCRs to ensure their proper operation. Establish a liaison with VIPER supervisors to ensure relevant crime information is exchanged in an expeditious and accurate manner. THE VIDEOTAPE/COMPACT DISC/PHOTO ARCHIVAL LOG Label the cover of a separate plain #4, bound book with the appropriate VIPER base number and the name of the housing development. Headings across the top of two consecutive pages will read as follows: LEFT PAGE HEADINGS: TAPE/CD/RECEIPT # DATE #1 DATE #2 RIGHT PAGE HEADINGS: DATE #5 DATE #6 DATE #7 DATE RETURNED REMARKS DATE #3 DATE REMOVED NEW YORK CITY POLICE DEPARTMENT DATE #4 PATROL GUIDE PROCEDURE NUMBER: 212-98 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 8 of 9 HEADING EXPLANATIONS: Tape/CD/Receipt # - Tapes/CDs are numbered with the year as a prefix, then sequentially beginning with the number one. This number is also utilized on the VIDEO/PHOTO RECEIPT as a means of identification and tracking. Date #1 through Date #7 (seven individual columns) - Each date column will reflect the date the tape/CD was used. Date Removed - Indicates date that tape/CD was removed for erasure/destruction or arrest/ investigation or other police purpose. Date Returned - Indicates date that tape/CD is brought back to the CCTV monitoring base. Remarks - Denotes temporary and/or permanent removal of tape from the CCTV monitoring base. Include name of member removing video/videotape, tax registry number, command, command’s telephone number, and reason for removal, e.g., arrest/investigative/training. A CCTV VIDEO/PHOTO RECEIPT must be prepared for any released video/videotape. Multiple tapes may be requested; however each is to receive its own tape number and RECEIPT. REQUESTS FOR RECORDED VIDEO/PHOTOGRAPHIC MATERIALS Requests for recorded video/photographic materials made by other than the arresting/investigative member must be accompanied by a Typed Letterhead, directed to “CCTV Supervisor Concerned,” indicating name of requesting member, tax number, command, command’s telephone number, and official reason for request. The request must be evaluated by the supervisor concerned. If the request is granted a CCTV VIDEO/PHOTO RECEIPT will be prepared and a copy given to the requesting member. In addition, appropriate entries shall be made in the Video Patrol Log and Video/Photo Archival Log, as required. Each photograph must be numbered with the current year, then sequentially, beginning with the number “1”. All identification numbers will be prefixed with the letter “P,” e.g. P-99-01. Document the release of photographs in the rear of the Video/Photo Archival Log, including the photograph identification number, name of requesting member, command and command’s telephone number. The photograph identification number will be utilized as the CCTV VIDEO/PHOTO RECEIPT number. Multiple photographs may be requested; however each is to receive its own photograph identification number and CCTV VIDEO/PHOTO RECEIPT. CCTV TROUBLESHOOTING In the event that viewing is blocked or significantly obstructed on any CCTV monitor due to vandalism, technical difficulty and/or accidental damage, or video recording ceases on any recorder or an error message appears on video equipment, it is imperative that the condition be corrected expeditiously. Therefore, if these conditions occur it is the responsibility of the VIPER Unit to make an immediate notification to the Commanding Officer - Technical Assistance Response Unit - CCTV Team. Under NO circumstances will any member of the service not assigned to the Technical Assistance Response Unit conduct any repairs on CCTV equipment. To ensure a high quality recorded video image, videocassette recorder heads must be cleaned by VIPER Unit personnel weekly during the second platoon each Sunday. Appropriate entries shall be made in the Video Patrol Log. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-98 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 9 of 9 ADDITIONAL DATA (continued) "HANDSCHU" GUIDELINES Members of the service are reminded about First Amendment political activity and the "Handschu" consent decree (see P.G. 212-71, “Guidelines for the Use of Video/Photographic Equipment by Operational Personnel at Demonstrations”). The intent of the "Handschu" decree, among other things, is to limit unnecessary investigation and maintenance of records relating to lawful political activity. If a spontaneous or scheduled political demonstration takes place on Housing Authority property, the CCTV cameras need not be turned off. Department videotape cameras can remain operational provided that cameras operating do not focus on the activity of the demonstrators unless it is believed that a crime is being committed. RELATED PROCEDURES Preliminary Investigation of Vice, Narcotics or Organized Crime-Related Complaints (P.G. 207-08) Citywide Intelligence Reporting System (P.G. 212-12) Guidelines for the Use of Video/Photographic Equipment by Operational Personnel at Demonstrations (P.G. 212-71) FORMS AND REPORTS CLOSED CIRCUIT TELEVISION INCIDENT REPORT (PD 313-1514) COMPLAINT REPORTS (PD313-152) ACTIVITY LOG (PD112-145) CLOSED CIRCUIT TELEVISION VIDEO/PHOTO RECEIPT (PD313-170) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Command Operations Procedure No: 212-99 AMBER ALERT SYSTEM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To provide rapid and widespread dissemination of information in the event of child abduction with special circumstances, the Amber Alert program has been adopted. DEFINITION AMBER ALERT SYSTEM: Amber Alert is a statewide response program targeting the abduction of children during which life-threatening circumstances are suspected. An Amber Alert may be activated whether the child was abducted by vehicle, on foot, or by any other means. The protocol for determining whether a case qualifies for an Amber Alert is as follows: a. The child must be 17 years old or younger, AND, b. Police must believe that the child is in imminent danger of serious bodily harm or death, either at the hands of another or due to proven mental or physical disability. PROCEDURE When responding to a report of a missing child and information received indicates that the case may qualify for an Amber Alert: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. NOTE Patrol supervisor will implement Missing Person/Special Category procedure and/or Mobilization as necessary, depending on the details of the situation. Comply with appropriate missing persons procedures. Request the response of the Patrol Supervisor. Notify Desk Officer and request response of Precinct Detective Squad supervisor. DESK OFFICER 4. Request Precinct Detective Squad supervisor to respond to the scene of the abduction. 5. PRECINCT DETECTIVE SQUAD INVESTIGATOR /SUPERVISOR Conduct a preliminary investigation and ascertain if abduction may fit criteria for activation of Amber Alert system. a. Notify Detective Bureau Duty Captain, if abduction meets criteria for the activation of an Amber Alert. b. Request that Detective Bureau Duty Captain respond to the scene. NOTE Only a Captain or above from the Detective Bureau may request activation of the Amber Alert System through the New York State Police Communications Section. DETECTIVE BUREAU, DUTY CAPTAIN 6. 7. Notify New York State Police of a possible Amber Alert through the New York State Police Communications Section. Notify Operations Unit of details. If it is believed that the abductor and missing child may be traveling via public transportation, request Operations personnel to notify the Transit Bureau Wheel. a. Notify NYPD Communications Section and have description of abducted child disseminated over each Department radio division. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 212-99 PAGE: 08/01/13 2 of 3 b. DETECTIVE BUREAU, DUTY CAPTAIN (continued) 8. 9. ADDITIONAL DATA REVISION NUMBER: Have Communications Section personnel read the following message over each Department radio division if a vehicle is involved in the abduction: “The following vehicle is wanted in connection with a New York State Amber Alert (Provide license plate number and description of vehicle). Personnel assigned to Department vehicles equipped with the License Plate Reader System are instructed to manually enter this plate number in order to expedite the search for this vehicle.” (Repeat license plate number and description of vehicle). Notify Major Case Squad. Direct that precinct detective squad member: a. Notify Missing Persons NCIC Unit and request that a NCIC File 6 be completed and transmitted. b. Notify Inter-City Correspondence Unit to generate a NYSPIN File 11A (Abduction Message) to ensure that other law enforcement agencies are aware of the abduction and related details. (1) Fax completed Amber Alert Submission form along with a cover sheet including the notifying member’s rank, name, tax #, command and callback number. c. Prepare and immediately fax the following form to the New York State Police: (1) Amber Alert Submission Form d. Conduct follow-up phone call to New York State Police to confirm receipt of fax. When sending photographs via E-Mail to the New York State Police, attach only ONE photograph to each E-Mail. Each additional photograph should be sent in a separate EMail. The Amber Alert Submission Form should also be faxed to the Traffic Management Center, IF a vehicle description and a plate number are available. Once confirmation of activation is received from New York State Police Communications Section, the Traffic Management Center will initiate the use of Variable Message Signs throughout the metropolitan area. In the event that the child is recovered or the case is determined to no longer qualify (i.e., false report, determined to be a custodial situation), immediately notify the New York State Police in writing (by fax) so that a cancellation may be broadcast. Cancellations will be broadcast only if requested within eight hours of the original activation request. They will be brief and will not include any information about the status of the child or the case. Cancellations required after the eight hour period can be accomplished via normal media notification through the Deputy Commissioner, Public Information. The Detective Bureau Duty Captain will ensure that Amber Alerts are canceled in the proper manner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 212-99 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 When investigation assistance is requested by another agency concerning an Amber Alert, the requesting agency will be directed to contact the Detective Bureau, Major Case Squad or if unavailable, the Detective Bureau Wheel. All requests for broadcast of an Amber Alert will be referred to the New York State Police Communications Section. ADDITIONAL DATA (continued) While most runaway and abductions by non-custodial parents do not qualify, individual consideration may be given, depending on case circumstances. Activation should be requested within the shortest period of time possible following an abduction, but not before a preliminary investigation has been conducted. In most instances activation will not be practical if an extended period of time has passed since the disappearance. Interagency cooperation and assistance will greatly enhance the effectiveness of this tool. The office of the Deputy Commissioner, Public Information is available on a 24 hour x 7-day basis concerning cases NOT ELIGIBLE for Amber Alerts or as needed by members of the service. D.C.P.I. has the ability to simultaneously notify a variety of local and national media outlets in cases where the immediate assistance of or notification to the public is deemed necessary. RELATED PROCEDURES Missing Persons (P.G. 207-23) Apprehension Plan (P.G. 213-12) FORMS AND REPORTS Amber Alert Submission Form (NYS) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-02 EMERGENCY INCIDENTS DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 3 PURPOSE To ensure the prompt response of personnel and equipment to the scene of an emergency incident. DEFINITION EMERGENCY INCIDENTS - a serious accident, vehicle collision, explosion, civil disorder, demonstration, or similar incident. PROCEDURE Upon arriving at the scene of an emergency incident: UNIFORMED MEMBER OF THE SERVICE 1. 2. PATROL SUPERVISOR/ PLATOON COMMANDER 3. 4. 5. 6. NOTE Radio Communications Section and request: a. Personnel and equipment, if necessary b. Patrol supervisor/platoon commander. Take other police action indicated by the situation. Review action taken and determine if additional personnel/equipment is needed. Activate a Level 1 mobilization, when appropriate, through: a. Radio dispatcher, OR b. Operations Unit by telephone. Establish command post with telephone, if necessary. Notify precinct desk officer, Operations Unit, Communications Section and patrol borough office wheel of: a. Location and nature of emergency incident b. Location and telephone number of command post c. Location of mobilization point and route to be used by responding units. Mobilization point should be of sufficient size to accommodate a Level 3 or 4 mobilization. Mobilization point and route should be transmitted to Communications Section. 7. 8. 9. 10. 11. 12. Request command post flag and log, as necessary. Assign uniformed members of the service as: a. Operations officer b. Intelligence officer c. Personnel officer d. Logistics officer. Supervise uniformed members of the service, as required. Prepare DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141), if applicable. Keep the precinct desk officer and Operations Unit informed of facts. Inform responding commanding officer/duty captain of: a. Details of emergency b. Action taken c. Personnel and equipment on scene or requested. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-02 PAGE: 08/19/13 COMMANDING 13. 14. OFFICER/ DUTY 15. CAPTAIN 16. 17. ADDITIONAL DATA REVISION NUMBER: 2 of 3 Assume command and review action taken. Contact command post by telephone for update and determine if additional personnel/equipment are required. Activate a Level 2, 3 or 4 mobilization, as necessary. Develop a plan and deploy personnel to return normalcy to area affected by emergency. Return uniformed members of the service to regular duty when presence is no longer required. a. Notify and confer with Operations Unit supervisor relative to other citywide conditions before returning personnel to regular duty. At the scene of an emergency incident to which a uniformed member of the service in the rank of captain or above is not responding, the platoon commander, or if not available, the patrol supervisor precinct / PSA / transit district of occurrence will assume command as the Incident Commander / Agency Incident Commander until a transfer of command or demobilization occurs. Based upon the nature and size of the emergency incident, the patrol Duty Captain or Duty Inspector or Duty Chief or Patrol Borough Commanding Officer / Executive Officer may respond. The Patrol Borough Commanding Officer / Executive Officer or if not available, highest ranking patrol Duty supervisor at the scene of the emergency incident will: 1. assume command, or 2. designate the appropriate Incident Commander / Agency Incident Commander, or 3. direct that a transfer of command to an appropriate Incident Commander / Agency Incident Commander occurs. The Incident Commander / Agency Incident Commander may only be superseded by the Police Commissioner, First Deputy Commissioner, Chief of Department or senior ranking operational Bureau Chief. Other deputy commissioners may render advice and assistance to the Incident Commander / Agency Incident Commander but may not assume command of the incident. If the incident is of a nature where specialized knowledge or expertise is necessary for the most effective police response (i.e., subway accidents, emergencies in public housing developments, etc.), the Incident Commander shall designate an appropriate ranking member with the aforementioned skills as the Operations Section chief. In most cases, the designee will be the highest ranking member from the appropriate bureau or division involved (e.g., Housing Bureau for public housing incidents, Transit Bureau for subway incidents, etc.). The Police and Fire Departments maintain underwater diving units (SCUBA Divers) for response to waterborne accidents, fires and other emergencies. Police Department units, Harbor and Emergency Service personnel are available twenty-four hours daily, and will respond to any submersion or accidents involving occupied vehicles, boats or aircraft or evidence searches. The Aviation Unit is available twenty-four hours a day, seven days a week with scuba team divers for near and offshore air-sea rescues. The Fire Department unit is available on a daily basis, twenty-four hours a day and will respond to fire incidents requiring the use of divers. Request for the Police Department diving unit will be made to the Special Operations Division for routine dives and to the Communications Section in emergencies. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 213-02 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 RELATED PROCEDURES Command Post Operations (P.G. 213-01) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Duties At Unusual Disorder (P.G. 213-05) Unusual Disorder Plan-Formulating Plan (P.G. 213-08) Unusual Disorder Maps (P.G. 213-07) Unusual Disorder Kits (P.G. 213-09) Unusual Occurrence Reports (P.G. 212-09) Mayor’s Plan For Coordinated Action At Emergencies (A.G. 316-06) FORMS AND REPORTS DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) NEW YORK CITY POLICE DEPARTMENT 3 of 3 PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-03 RAPID MOBILIZATION DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 13 PURPOSE To have personnel respond rapidly to the scene of an unusual disorder/emergency incident. PROCEDURE When IMMEDIATE assistance is required at the scene of an unusual disorder/ emergency incident: PATROL SUPERVISOR 1. 2. Assess situation and, if needed, activate Mobilization Level 1 through radio dispatcher. a. Patrol supervisors are authorized to activate a Mobilization Level 1. Notify commanding officer/duty captain, if assistance is required beyond a Level 1 mobilization. a. Upon activation, commanding officer/duty captain will immediately respond to scene. PLATOON COMMANDER 3. Respond to scene of incident and assume duties of the Incident Commander. a. Upon arrival of the commanding officer/duty captain, assume the duties of the Operations Officer in the field command post, and b. Advise Incident Commander, as necessary. NOTE For incidents occurring in areas that are the responsibility of the Housing Bureau or Transit Bureau, the Housing Bureau or Transit Bureau platoon commander should, if not on scene, respond and assume the duties and responsibilities as described in step 3 above. DUTY CAPTAIN 4. NOTE Mobilization Levels 2, 3 or 4 require the authorization of a captain or above. The captain need not be on the scene, but if authorizing any further mobilization while not at the scene, he/she must communicate with one of the following: a. Patrol supervisor/platoon commander b. Patrol borough concerned c. Operations Unit. Respond to scene. a. Contact the command post, while enroute, and get an estimation of the situation from the patrol supervisor/platoon commander at scene. b. Assess situation and activate a further mobilization (see pages 7 through 11), after conferral, if necessary. (1) Communicate the number of personnel and the level of mobilization required to the patrol borough, Communications Section or the Operations Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-03 REVISION NUMBER: PAGE: 10/16/13 2 of 13 Mobilization levels need not be utilized in consecutive order. Circumstances may dictate activating Mobilization Level 3 before Level 2 or Level 2 before Level 1. HOWEVER, CAUTION SHOULD BE TAKEN WHEN UTILIZING THESE CODES IN OTHER THAN CONSECUTIVE ORDER BECAUSE PERSONNEL AND EQUIPMENT IN THE OMITTED MOBILIZATION LEVEL WILL NOT RESPOND. NOTE (continued) The supervisor activating a mobilization should notify the Operations Unit of personnel and/or equipment that is NOT required. The Operations Unit will then notify units concerned. All units will comply with duties as listed in the applicable Patrol Guide (213 Series), Operations Unit directions and their respective unit unusual disorder plans. ACTIVATING SUPERVISOR 5. 6. 7. 8. 9. 10. 11. 12. NOTE Notify Operations Unit and patrol borough concerned of the situation that resulted in mobilization. Maintain control of members of the service. Be prepared to brief ranking members of the service. Designate a mobilization point and advise Communications Section of mobilization point and route to be used by responding members. Provide for security of Department resources at the mobilization point and any staging areas utilized. Provide traffic post coverage to allow for the quick access of responding units. Update the Operations Unit and the patrol borough concerned. Act as “Incident Commander” until relieved or until a higher ranking uniformed member from the Patrol Services Bureau, Housing Bureau, or Transit Bureau, assumes command. At the scene of an emergency incident to which a uniformed member of the service in the rank of captain or above is not responding, the platoon commander, or if not available, the patrol supervisor precinct / PSA / transit district of occurrence will assume command as the Incident Commander / Agency Incident Commander until a transfer of command or demobilization occurs. Based upon the nature and size of the emergency incident, the patrol Duty Captain or Duty Inspector or Duty Chief or Patrol Borough Commanding Officer / Executive Officer may respond. The Patrol Borough Commanding Officer / Executive Officer or if not available, highest ranking patrol Duty supervisor at the scene of the emergency incident will: 1. assume command, or 2. designate the appropriate Incident Commander / Agency Incident Commander, or 3. direct that a transfer of command to an appropriate Incident Commander / Agency Incident Commander occurs. The Incident Commander / Agency Incident Commander may only be superseded by the Police Commissioner, First Deputy Commissioner, Chief of Department or senior ranking operational Bureau Chief. Other deputy commissioners may render advice and assistance to the Incident Commander / Agency Incident Commander but may not assume command of the incident. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-03 REVISION NUMBER: PAGE: 10/16/13 3 of 13 NOTE (continued) If the incident is of a nature where specialized knowledge or expertise is necessary for the most effective police response (i.e., subway accidents, emergencies in public housing developments, etc.), the Incident Commander shall designate an appropriate ranking member with the aforementioned skills as the Operations Section chief. In most cases, the designee will be the highest ranking member from the appropriate bureau or division involved (e.g., Housing Bureau for public housing incidents, Transit Bureau for subway incidents, etc.). DESK OFFICER, OPERATIONS UNIT 13. Notify: a. Affected patrol boroughs, divisions and/or bureaus concerned, (i.e., Housing Bureau, Transit Bureau, Special Operations Division, Traffic Management Center, etc.) to stage required personnel (see pages 7 through 11). b. Transit Bureau Patrol Operations Wheel to identify and stage Transit Bureau equipment vehicles necessary. AFTER ACTIVATION OF A LEVEL 2, 3 OR 4 MOBILIZATION TRANSIT BUREAU, PATROL OPERATIONS WHEEL 14. NOTE Disorder equipment vehicles are available through the Operations Unit, twenty-four hours a day, seven days a week. DESK OFFICER, TRANSIT BUREAU 15. Notify affected patrol personnel of transit facility designated for response (see pages 7 through 11). a. Have notified personnel respond by transit system to chosen Transit Bureau location b. Notify command post of number of personnel available at chosen Transit Bureau location. DESK OFFICER, ALL OTHER BUREAUS 16. 17. 18. Stage required personnel. Inspect responding members for proper equipment. Supply members with a van to respond to mobilization point. NOTE Housing Bureau and Transit Bureau personnel mobilized on a Level 3 mobilization will ONLY be utilized to secure their own respective facilities/developments. Housing Bureau and Transit Bureau personnel mobilized on a Level 4 mobilization can be used for other duties. 19. Confer, by telephone, with the desk officer of each Transit District concerned regarding the Transit Bureau location to which mobilized Transit Bureau personnel and equipment will respond. a. Stage disorder equipment vehicle(s), as required. Inspect responding members for proper equipment and direct members to respond to mobilization point. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-03 MOBILIZED SERGEANTS REVISION NUMBER: PAGE: 10/16/13 20. 21. 22. 23. 4 of 13 Respond, with necessary personnel, promptly, to the mobilization point, upon notification. Ensure all responding members are properly equipped. Ascertain response route and radio frequency to be used from Communications Section dispatcher. Advise members of the nature of the emergency and radio frequency to be used. Supervisors will direct members to tune radios to the frequency designated, although only the vehicle operator and the supervisor will have their radios on while responding to the scene. Transit Bureau supervisor at command post will coordinate communications between the command post and the mobilized Transit Bureau personnel present without citywide frequencies tuned into their radios. NOTE 24. Prepare DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) prior to arrival at the mobilization point. FIRST PLATOON RESPONSE EXCEPTION NOTE One sergeant per mobile field force will respond to mobilization point with two police officers from the same precinct and a van. The patrol borough concerned will designate which precincts will supply sergeants and lieutenants. Patrol Borough Staten Island will send only one sergeant. All other bureaus/divisions will supply personnel as required (see pages 7 through 11). MOBILIZED SERGEANTS 25. 26. 27. Gather members from precincts as required to form a squad. Receive instructions at mobilization point and proceed with squad to the staging area or post in van provided. Comply with steps 21, 22 and 23, above. Mobilized lieutenants will be designated by their local patrol borough. On the 2nd and 3rd Platoon, three lieutenants per patrol borough will respond to the mobilization point and form their respective precinct squads into mobile field forces (see pages 12 and 13). On the 1st Platoon only, one lieutenant per patrol borough will respond with an RMP and form their respective precinct squads into patrol borough platoons. Patrol Borough Staten Island will supply one lieutenant on the 2nd and 3rd Platoons and no lieutenants on the 1st Platoon. Patrol Boroughs Queens North and Queens South will send only two lieutenants on the 2nd and 3rd Platoon and only one lieutenant on the 1st Platoon. NOTE ALL PLATOONS MOBILIZED LIEUTENANTS 28. 29. Respond to mobilization point when notified by patrol borough or Operations Unit of a Mobilization Level Three or Level Four (ALL PLATOONS). Form uniformed members from precincts into mobile field forces as per “Mobile Field Force Assignments - Patrol Services Bureau” (pages 12 and 13). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 213-03 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 5 of 13 NOTE Patrol boroughs/Operations Unit are responsible to reallocate resources within the affected borough or throughout the City to maintain adequate levels of police service and adequate levels of supervision. ADDITIONAL DATA PATROL BOROUGH OPERATIONAL COMMAND IN THE EVENT OF AN EMERGENCY RESPONSE PLAN ACTIVATION 1. Patrol Guide procedure 213-03, “Rapid Mobilization,” states as follows, “At the scene of a large scale unusual disorder or other emergency incident, the highest ranking uniformed police supervisor is in command and will be designated as Incident Commander.” It further states, “In most cases, the designee will be the highest ranking member from the bureau involved (e.g., the Housing Bureau for public housing incidents, the Transit Bureau for subway incidents, the Chief of Transportation for traffic emergencies, etc.).” Designating an Incident Commander provides centralized command at the scene of an emergency. 2. We live under the threat of terrorism and the possibility of large-scale disasters. The coordination of resources is a critical aspect of a proper response to such an incident. As such, there may be times when it will be necessary for patrol borough command(s) to operate in a “stand-alone” capacity. Under this concept, patrol borough commander(s) will assume operational command of ALL Department resources within their geographical area of responsibility with the exception of Special Operations Division personnel, and the Transit Bureau, which will initiate citywide “stand-alone” operations at the Transit Bureau headquarters in Brooklyn. 3. When it is determined that patrol borough(s) will operate under the “stand-alone” concept, patrol borough commands will activate borough command posts in accordance with standard operating procedures. Additionally, representatives will be assigned from the Detective Borough, Intelligence Bureau, Housing Bureau, Organized Crime Control Bureau, Transportation Bureau, School Safety Division, Special Operations Division and any other unit deemed appropriate by the patrol borough commander. An operational plan should be developed by each patrol borough to facilitate “stand-alone” operations. It should include, at minimum, pre-designated assignments among the borough staff and outside command representatives, identification of necessary equipment and support staff, as well as providing for a relief factor. Since each patrol borough is unique, the borough commander should tailor plans that will address the needs of that particular patrol borough, i.e., potential for civil disorder, public panic, the threat of secondary events, etc. However, patrol borough commanders must recognize that the NYPD Emergency Operations Center retains the authority to direct movement and allocation of resources out of the patrol borough in response to incidents elsewhere throughout the City. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 213-03 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Mobilization Readiness Levels (P.G. 213-04) Duties At Unusual Disorders (P.G. 213-05) Unusual Disorder Plan-Formulating Plan (P.G. 213-08) Unusual Disorder Maps (P.G. 213-07) Unusual Disorder Kits (P.G. 213-09) Unusual Occurrence Reports (P.G. 212-09) Mayor’s Plan for Coordinated Action at Emergencies (A.G. 316-06) FORMS AND REPORTS DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) NEW YORK CITY POLICE DEPARTMENT 6 of 13 PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-03 REVISION NUMBER: PAGE: 10/16/13 7 of 13 LOCAL PATROL BOROUGH TASK FORCE MOBILIZATION LEVEL 1 AUTHORITY TO CALL PATROL SUPERVISOR RESPONDING UNITS LOCAL BOROUGH TASK FORCE 1-RADIO EMERGENCY PATROL (REP) 1-PATROL SUPERVISOR HOUSING PSA AND TRANSIT DISTRICT CONCERNED ADDITIONAL SUPERVISORS DUTY CAPTAIN AND COMMAND POST STAFF CITYWIDE PATROL BOROUGH TASK FORCES MOBILIZATION LEVEL 2 AUTHORITY TO CALL CAPTAIN OR ABOVE RESPONDING UNITS PATROL BOROUGH TASK FORCE(S) AS DESIGNATED BY OPERATIONS UNIT 1-ESU SUPERVISOR AND TRUCK 1-REP PER TASK FORCE ACTIVATED 1-HELICOPTER 1-COMMAND POST VEHICLE 1-DECON TRUCK 1-BARRIER TRUCK (LOCAL PATROL BOROUGH) 1-SGT. AND 2 DETS. - TARU 1-ARREST PROCESSING VEHICLE 1-PATROL WAGON 1-PATROL SUPERVISOR HOUSING PSA AND TRANSIT DISTRICT CONCERNED, IF NOT ALREADY PRESENT 1-TRAFFIC OPERATIONS DISTRICT SUPERVISOR OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS. NOTE ADDITIONAL SUPERVISORS DUTY INSPECTOR BOROUGH OF INCIDENT DUTY CAPTAIN AND COMMAND POST STAFF WITH EACH BOROUGH TASK FORCE MOBILIZED NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-03 REVISION NUMBER: PAGE: 10/16/13 8 of 13 LEVEL 3 LOCAL BOROUGH MOBILIZATION 2ND AND 3RD PLATOON AUTHORITY TO CALL CAPTAIN OR ABOVE RESPONDING UNITS 3 LIEUTENANTS (1 PER MOBILE FIELD FORCE) (PBQN AND PBQS ONLY 2 LIEUTENANTS EACH, PBSI SUPPLIES ONLY 1 LIEUTENANT, HOUSING BUREAU 1 LIEUTENANT PER 3 PSAs AND TRANSIT BUREAU 1 LIEUTENANT PER BOROUGH) 1 SERGEANT AND 8 POLICE OFFICERS PER PRECINCT AND HOUSING PSA WITHIN PATROL BOROUGH CONCERNED 1 SERGEANT AND 8 POLICE OFFICERS PER TRANSIT DISTRICT PURSUANT TO THEIR PLAN (SEE PAGE 13) 2 SERGEANTS AND 20 POLICE OFFICERS (HIGHWAY DISTRICT WITH RMPs) 1 SERGEANT AND 10 POLICE OFFICERS (STREET CRIME UNIT) 2 SERGEANTS AND 10 POLICE OFFICERS (MOUNTED UNIT) 1 SERGEANT AND 2 DETECTIVES TARU (IF NOT ALREADY PRESENT) 1-ESU SUPERVISOR 1-POT TRUCK OR PEACEKEEPER 1-MLG OR HELP CAR 1-REP OR TRUCK 1-PATROL WAGON 1-HELICOPTER (IF NOT ALREADY PRESENT) 1-COMMAND POST VEHICLE (IF NOT ALREADY PRESENT) 1-DECON TRUCK (IF NOT ALREADY PRESENT) 1-BARRIER TRUCK (IF NOT ALREADY PRESENT) 1-ARREST PROCESSING VEHICLE (IF NOT ALREADY PRESENT) OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS. NOTE ADDITIONAL SUPERVISORS DUTY CAPTAIN AND COMMAND POST STAFF (IF NOT ALREADY PRESENT) STAFF RESPONSIBLE FOR ASSISTING THE INCIDENT COMMANDER, AS NECESSARY TRAFFIC OPERATIONS DISTRICT SUPERVISOR (IF NOT ALREADY PRESENT) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-03 REVISION NUMBER: PAGE: 10/16/13 9 of 13 LOCAL BOROUGH MOBILIZATION 1ST PLATOON LEVEL 3 AUTHORITY TO CALL CAPTAIN OR ABOVE RESPONDING UNITS 3 SERGEANTS PER PATROL BOROUGH (1 PER MOBILE FIELD FORCE WITH VAN) (PBQN AND PBQS WILL SEND 2 SERGEANTS EACH, PBSI, HOUSING BUREAU AND TRANSIT BUREAU WILL SEND 1 SERGEANT EACH) 2 POLICE OFFICERS PER PRECINCT AND HOUSING PSA WITHIN PATROL BOROUGH CONCERNED BY RMP 2 POLICE OFFICERS PER TRANSIT DISTRICT PURSUANT TO THEIR PLAN (SEE PAGE 13) 1 SERGEANT AND 8 POLICE OFFICERS (HIGHWAY DISTRICT WITH RMPs) 1 SERGEANT AND 10 POLICE OFFICERS (STREET CRIME UNIT) 1-ARREST PROCESSING VEHICLE (IF NOT ALREADY PRESENT) 1-ESU SUPERVISOR 1-REP AND TRUCK 1-MLG OR HELP CAR 1-PATROL WAGON 1-HELICOPTER 1-BARRIER TRUCK (IF NOT ALREADY PRESENT) 1-COMMAND POST VEHICLE (IF NOT ALREADY PRESENT) OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS. NOTE ADDITIONAL SUPERVISORS DUTY CAPTAIN AND COMMAND POST STAFF 1 LIEUTENANT (SELECTED BY PATROL BOROUGH CONCERNED EXCEPT PBSI) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-03 10/16/13 REVISION NUMBER: PAGE: 10 of 13 CITY WIDE PRECINCT MOBILIZATION 2ND AND 3RD PLATOON LEVEL 4 AUTHORITY TO CALL CAPTAIN OR ABOVE RESPONDING UNITS 3 LIEUTENANTS (1 PER MOBILE FIELD FORCE) (PBQN AND PBQS ONLY 2 LIEUTENANTS EACH, PBSI SUPPLIES ONLY 1 LIEUTENANT, TRANSIT BUREAU 1 LIEUTENANT PER BOROUGH MOBILIZED) 1 HOUSING BUREAU LIEUTENANT PER 3 PSAs 1 SERGEANT AND 8 POLICE OFFICERS PER PRECINCT AND HOUSING PSA PER BOROUGH MOBILIZED 1 SERGEANT AND 8 POLICE OFFICERS PER TRANSIT DISTRICT PURSUANT TO THEIR PLAN (SEE PAGE 13) 1 SERGEANT AND 10 POLICE OFFICERS (HIGHWAY DISTRICT WITH RMPs [ADDITIONAL]) 1 SERGEANT AND 10 POLICE OFFICERS (STREET CRIME UNIT [IF NOT ALREADY PRESENT]) 2 SERGEANTS AND 10 POLICE OFFICERS (MOUNTED UNIT [ADDITIONAL]) 1-ARREST PROCESS VEHICLE (ADDITIONAL) 1-SERGEANT AND 4 POLICE OFFICERS - PAFTS 1-ESU SUPERVISOR (ADDITIONAL) 1-POT TRUCK OR PEACEKEEPER (ADDITIONAL) 1-MLG OR HELP CAR (ADDITIONAL) 1-REP OR TRUCK (ADDITIONAL) 1-SERGEANT AND 2 DETECTIVES - TARU (IF NOT ALREADY PRESENT) 1-COMMAND POST VEHICLE (ADDITIONAL) 1-BARRIER TRUCK (IF NOT ALREADY PRESENT) 1-DECON TRUCK (IF NOT ALREADY PRESENT) 1-PATROL WAGON (ADDITIONAL) NOTE OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS. ADDITIONAL SUPERVISORS DUTY CHIEF DUTY INSPECTOR (BOROUGH OF INCIDENT) DUTY CAPTAIN AND COMMAND POST STAFF WITH EACH BOROUGH MOBILIZED, UNLESS ALREADY ON SCENE FROM LEVEL 2 STAFF RESPONSIBLE FOR ASSISTING INCIDENT COMMANDER, AS NECESSARY 1 CAPTAIN HOUSING BUREAU AND TRANSIT BUREAU, IF AVAILABLE 1 TRAFFIC OPERATIONS DISTRICT SUPERVISOR (IF NOT ALREADY PRESENT) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-03 REVISION NUMBER: PAGE: 10/16/13 11 of 13 LEVEL 4 CITY WIDE PRECINCT MOBILIZATION 1ST PLATOON AUTHORITY TO CALL CAPTAIN OR ABOVE RESPONDING UNITS EACH DESIGNATED BOROUGH WILL SEND (PER PATROL BOROUGH): 3 SERGEANTS PER PATROL BOROUGH (1 PER MOBILE FIELD FORCE WITH VAN), PBQN AND PBQS WILL SEND 2 SERGEANTS EACH, PBSI, HOUSING BUREAU AND TRANSIT BUREAU WILL SEND 1 SERGEANT EACH 2 POLICE OFFICERS PER PRECINCT AND HOUSING PSA WITHIN PATROL BOROUGH CONCERNED BY RMP 2 POLICE OFFICERS PER TRANSIT DISTRICT PURSUANT TO THEIR PLAN (SEE PAGE 13) 1 SERGEANT AND 8 POLICE OFFICERS (HIGHWAY DISTRICT WITH RMPs [IF NOT ALREADY PRESENT]) 1 SERGEANT AND 10 POLICE OFFICERS (STREET CRIME UNIT [IF NOT ALREADY PRESENT]) 1-ESU SUPERVISOR (IF NOT ALREADY PRESENT) 1-REP AND TRUCK (IF NOT ALREADY PRESENT) 1-MLG OR HELP CAR (IF NOT ALREADY PRESENT) 1-PATROL WAGON (ADDITIONAL) 1-POT TRUCK OR PEACEKEEPER (ADDITIONAL) 1-HELICOPTER (IF NOT ALREADY PRESENT) 1-BARRIER TRUCK (IF NOT ALREADY PRESENT) 1-COMMAND POST VEHICLE (ADDITIONAL) NOTE OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS. ADDITIONAL SUPERVISORS DUTY CAPTAIN AND COMMAND POST STAFF 1 LIEUTENANT (SELECTED BY PATROL BOROUGH CONCERNED, EXCEPT PBSI) 1 CAPTAIN HOUSING BUREAU AND TRANSIT BUREAU, IF AVAILABLE NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-03 REVISION NUMBER: PAGE: 10/16/13 12 of 13 MOBILE FIELD FORCE ASSIGNMENTS PATROL SERVICES BUREAU 2ND & 3RD PLATOONS (1 SGT AND 8 POs PER PRECINCT) 1ST PLATOON (1 SGT PER MOBILE FIELD FORCE 2 POs PER PRECINCT) MOBILE FIELD FORCE NUMBER PBMS 1 2 3 SUB TOTAL SGTs 3 4 3 10 POs 24 32 24 80 SGTs 1 1 1 3 POs 6 8 6 20 PCTS ASSIGNED 1-5-7 6-9-10-13 MTS-17-MTN PBMN 4 5 6 SUB TOTAL 4 4 4 12 32 32 32 96 1 1 1 3 8 8 8 24 19-20-CPP-24 26-30-33-34 23-25-28-32 PBBX 7 8 9 SUB TOTAL 4 4 4 12 32 32 32 96 1 1 1 3 8 8 8 24 40-42-44-48 41-43-45-49 46-47-50-52 PBBS 10 11 12 SUB TOTAL 4 5 4 13 32 40 32 104 1 1 1 3 8 10 8 26 60-61-62-70 66-68-72-76-78 63-67-69-71 PBBN 13 14 15 SUB TOTAL 3 4 3 10 24 32 24 80 1 1 1 3 6 8 6 20 73-75-81 77-79-84-88 83-90-94 PBQS 16 17 SUB TOTAL 4 4 8 32 32 64 1 1 2 8 8 16 102-103-106-107 100-101-105-113 PBQN 18 19 SUB TOTAL 4 4 8 32 32 64 1 1 2 8 8 16 104-108-114-115 109-110-111-112 PBSI 3 24 1 6 120-122-123 76 608 20 152 20 SUB TOTAL PSB NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-03 REVISION NUMBER: PAGE: 10/16/13 13 of 13 TRANSIT BUREAU MFF 1 BELOW 2 3 SUB TOTAL 3 24 1 6 PER TRANSIT PLAN 4 4 11 32 32 88 1 1 3 8 8 22 DO DO 1 1 1 3 6 6 6 18 ANY 3 PSAs DO DO 26 192 HOUSING BUREAU 1 2 3 SUB TOTAL NOTE 3 3 3 9 24 24 24 72 GRAND TOTAL 96 768 Mobile Field Forces are a method of organizing personnel into groups utilizing the “old” geographical patrol division format with the exception of Patrol Borough Queens North and Queens South. The Housing Bureau and Transit Bureau will organize their own mobile field forces as per their own in bureau plans. TRANSIT BUREAU RESPONSE PLAN The Transit Bureau Patrol Boroughs do not currently correspond to the geographic and administrative patrol boroughs of the Patrol Services Bureau. To address this the following response plan will be utilized: PATROL BOROUGH MOBILIZED 2ND & 3RD PLATOON RESPONSE PER DISTRICT 1ST PLATOON RESPONSE PER DISTRICT DISTRICT(S) REQUIRED TO RESPOND PBMS 1 SGT & 8 POs 2 POs 2&4 PBMN 1 SGT & 8 POs 2 POs 1&3 PBBX 1 SGT & 8 POs 2 POs 11 & 12 PBBS 1 SGT & 8 POs 2 POs 32 & 34 PBBN 1 SGT & 8 POs 2 POs 30 & 33 PBQN AND PBQS 1 SGT & 8 POs 2 POs 20 PBSI NONE NONE NONE NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-04 MOBILIZATION READINESS LEVELS DATE ISSUED: DATE EFFECTIVE: 10/16/13 REVISION NUMBER: PAGE: 10/16/13 1 of 6 PURPOSE To alert units concerned that a mobilization has occurred and its companion readiness levels have been initiated. PROCEDURE When a mobilization level has been activated and a readiness level is automatically initiated: READINESS LEVEL 1 INCIDENT COMMANDER 1. Activate “Field Command Post.” COMMUNICATIONS SECTION 2. Notify Operations Unit of details, broadcast “Readiness Level One” on all frequencies within affected patrol borough and notify patrol borough task force concerned. OPERATIONS UNIT 3. Notify local patrol borough, Housing Bureau, Transit Bureau, Chief of Transportation and Special Operations Division. Place all non-affected patrol borough and Transit Bureau task forces on alert. 4. 5. PATROL BOROUGH COMMAND Monitor incident and notify the following commands of the situation: a. Local patrol borough task force, if not already on the scene b. Patrol borough duty inspector/captain c. Patrol borough community affairs personnel d. Patrol borough command post personnel (Alert Status Only) e. Community Affairs personnel - precincts concerned f. Detective borough concerned g. Platoon commander, precinct concerned, to respond. (1) If unavailable, notify platoon commander adjoining precinct to respond. READINESS LEVEL 2 COMMUNICATIONS SECTION 6. Notify Operations Unit and broadcast “Readiness Level Two” on all frequencies. OPERATIONS UNIT 7. Alert all non-mobilized patrol borough task forces, including Transit Bureau task forces, as well as precinct and Housing Bureau personnel within patrol borough concerned, holding same beyond expiration of tour. NOTE The Operations Unit will release task force, including Transit Bureau task forces, and precinct and Housing Bureau personnel ONLY after conferral between the Incident Commander and a supervisor from the Operations Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-04 REVISION NUMBER: PAGE: 10/16/13 2 of 6 OPERATIONS UNIT (continued) 8. 9. Staff Operations Unit command post and monitor situation. Notify the following commands of the situation and their required response of equipment, supervisors and personnel: a. All patrol boroughs, including Transit Bureau, to have task forces remain on alert or respond to scene b. Duty chief c. Special Operations Division d. Chief of Transportation e. First Deputy Commissioner f. Deputy Commissioner - Operations g. Deputy Commissioner - Legal Matters h. Chief of Community Affairs i. Deputy Commissioner - Public Information j. Chief of Department k. Chief of Patrol l. Chief of Housing Bureau m. Chief of Detectives n. Chief of Organized Crime Control o. Chief of Internal Affairs p. Chief of Transit Bureau q. Criminal Justice Bureau r. Property Clerk Division s. Fleet Services Division t. Communications Section u. Applicant Processing Division v. Police Academy w. Quartermaster Section. PATROL, HOUSING, AND TRANSIT BOROUGH COMMANDS 10. Notify the following commands of the situation: a. Precincts, police service areas, transit districts within affected patrol borough - alert for possible mobilization. (A response of one sergeant and eight police officers, with Department van, will stand-by at each precinct or affected command). b. Patrol borough, police service area or transit district commanding officer c. Duty inspector/captain d. Detective borough concerned e. Patrol borough and precinct community affairs personnel f. Precinct detective squads g. Chief of Transportation and precincts concerned - to staff route to mobilization point. DETECTIVE BOROUGH 11. Designate one sergeant and three detectives to respond to Field Command Post to serve as intelligence staff. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-04 REVISION NUMBER: PAGE: 10/16/13 3 of 6 READINESS LEVEL 3 COMMUNICATIONS SECTION 12. Notify Operations Unit and broadcast “Readiness Level Three” on all frequencies. OPERATIONS UNIT 13. Staff Operations Unit command post and monitor situation. NOTE All uniformed members of the service assigned to commands within Patrol Services Bureau, Housing Bureau or Transit Bureau will be alerted and held beyond the expiration of their tour, if necessary. The Operations Unit will release such personnel ONLY after conferral between the Incident Commander and a supervisor assigned to the Operations Unit. 14. Notify the following of developments and the need to staff the Operations Unit command post: a. Office of Chief of Community Affairs b. Office of Deputy Commissioner - Public Information c. Office of the Chief of Department d. Office of the Chief of Patrol e. Office of the Chief of Housing Bureau f. Office of the Chief of Detectives g. Office of the Chief of Personnel h. Office of the Chief of Organized Crime Control i. Office of the Chief of Transit Bureau j. Duty Chief k. Director, Office of Support Services Bureau. NOTE Citywide units previously notified, as per Readiness Level 2 will await deployment, as required, by the Operations Unit. PATROL BOROUGH COMMAND 15. NOTE Members will fill positions as follows: a. Tactical Operations Coordinator b. Operations Officer c. Personnel/Administrative Officer d. Logistics Officer e. Intelligence Officer. Activate borough command post and staff with pre-designated or members designated by the Tactical Operations Coordinator. For further information regarding the above titles, see ADDITIONAL DATA. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-04 REVISION NUMBER: PAGE: 10/16/13 4 of 6 ORGANIZED CRIME CONTROL BUREAU 16. Assign one sergeant and two detectives from NITRO to respond to the borough command post. DETECTIVE BUREAU 17. Assign one detective supervisor from detective borough to respond to the borough command post. INTELLIGENCE BUREAU 18. Assign one uniformed member to respond to the borough command post. NOTE On duty uniformed members of the service assigned to non-uniformed units (e.g. Organized Crime Control Bureau, Applicant Processing Division, Detective Bureau, Police Academy, etc.) will respond to their command, change into uniform, and await deployment. Parent commands are responsible to consolidate personnel staffing figures and locations and notify the Operations Unit. Support units, such as the Property Clerk Division, Criminal Justice Bureau, Quartermaster Section, Community Affairs/Crime Prevention Section, Office of the Deputy Commissioner-Public Information, etc., will recall identified key personnel, contact the Operations Unit for instructions, and await deployment. PATROL BOROUGH COMMAND 19. Notify the following: a. Commanding officer - patrol borough concerned b. Duty inspector/captain - patrol borough concerned c. Operations Unit d. Precinct/borough detective units e. Precinct/borough community affairs personnel. READINESS LEVEL 4 COMMUNICATIONS SECTION 20. Notify Operations Unit and broadcast “Readiness Level Four” on all frequencies. OPERATIONS UNIT 21. Activate Operations Unit command post. a. Staff with previously designated members or those selected by Tactical Operations Coordinator to serve as: (1) Tactical Operations Coordinator (2) Operations Officer (3) Personnel/Administrative Officer (4) Logistics Officer (5) Intelligence Officer. NOTE For further information regarding the above titles, see ADDITIONAL DATA. 22. Deploy personnel on stand-by as needed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-04 REVISION NUMBER: PAGE: 10/16/13 5 of 6 OPERATIONS UNIT (continued) 23. Notify: a. Police Commissioner b. First Deputy Commissioner c. Chief of Department d. Chief of Patrol e. Chief of Housing Bureau f. Chief of Detectives g. Chief of Personnel h. Chief of Organized Crime Control i. Chief of Internal Affairs. j. Chief of Transit Bureau NOTE The Operations Unit will release personnel ONLY after conferral between the Incident Commander and a supervisor assigned to the Operations Unit. DETECTIVE BOROUGH CONCERNED 24. NOTE Citywide units previously identified as per “Readiness Levels” will be deployed as required by the Operations Unit command post. ADDITIONAL DATA The following are synopses of duties of ranking uniformed members of the service in connection with mobilizations and command post operations: Assign one captain, one additional sergeant and three additional detectives to field command post to augment the Intelligence staff. INCIDENT COMMANDER - the one position that will always be filled at every incident, regardless of size, by the HIGHEST UNIFORMED RANKING POLICE SUPERVISOR ASSUMING COMMAND, who has responsibility for overall management of incident in question. TACTICAL OPERATIONS COORDINATOR - directs, supervises and ensures coordination of tasks performed by command post staff, except those areas reserved by Incident Commander. OPERATIONS OFFICER - principal staff officer on matters pertaining to strategy, tactics and overall operations. PERSONNEL/ADMINISTRATIVE OFFICER - primary advisor to the Incident Commander or the Tactical Operations Coordinator in all aspects of unit strength, management, personnel services support, administrative support and medical support. Responsible for prisoner issues and security of command posts. INTELLIGENCE OFFICER - principal advisor to the Incident Commander on all intelligence and investigative matters relating to the disorder. Responsible for coordinating and directing efforts of detectives, community affairs, Deputy Commissioner - Public Information and Intelligence Bureau personnel. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 213-04 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 6 of 6 ADDITIONAL DATA (continued) LOGISTICS OFFICER - principal staff officer for the Incident Commander in matters of supply, maintenance, transportation and services. Responsible for security of all mobilization points, staging areas and designating the support corridor for staging the support units. RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Duties At Unusual Disorders (P.G. 213-05) Unusual Disorder Plan - Formulating Plan (P.G. 213-08) Unusual Disorder Maps (P.G. 213-07) Unusual Disorder Kits (P.G. 213-09) Unusual Occurrence Reports (P.G. 212-09) Mayor’s Plan For Coordinated Action At Emergencies (A.G. 316-06) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-05 DUTIES AT AN UNUSUAL DISORDER DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 9 PURPOSE To establish specific duties and responsibilities with respect to uniformed members assigned to unusual disorders. PROCEDURE When directed to respond to a scene of an unusual disorder: UPON REPORT OF A LEVEL ONE OR HIGHER MOBILIZATION: PCT. CO/ XO DUTY INSP./ DUTY CAPT./ OR UMOS OF HIGHER RANK 1. NOTE The responding uniformed member concerned need not be present at the scene to authorize a higher level of mobilization. 2. 3. 4. Report to the command post. a. Contact the command post by radio or telephone, while enroute, to get an assessment of the situation. Upon arrival at command post: a. Assume the role of Incident Commander as per P.G. 213-03, “Rapid Mobilization.” b. Designate suitable mobilization point. (1) Arrange for traffic posts and security posts at that location. c. Authorize the mobilization of additional personnel, if necessary, after briefing by patrol supervisor, borough wheel, or Operations Unit. d. Debrief highest-ranking supervisor on scene. Ensure that a properly staffed and operating command post has been established and: a. Identify location for command post. b. Request precinct, police service area, or transit district disorder plan be delivered to the command post. c. Organize the command post staff, if not already established, from available personnel to perform as: (1) Operations Officer - Tactical advisor (2) Intelligence Officer - Intelligence advisor (3) Personnel and Administrative Officer - Staffing advisor (4) Logistics Officer - Equipment advisor. d. Review disorder area. (1) Utilize maps, if unable to personally inspect area. Establish communications by: a. Conferring with Communications Section for an appropriate citywide frequency. b. Having special or additional frequencies used for conversation between captains and above. c. Using cellular telephones at command post to improve communications. d. Having RMPs with mobile digital terminals utilized to bolster communication and deployed, by the personnel officer, where needed, e.g., mobilization point, borough and command post. e. Implementing dual dispatch system, (i.e., high priority calls go to disorder control personnel; lower priority calls to precinct units). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-05 REVISION NUMBER: PAGE: 08/01/13 2 of 9 NOTE Communications Section must be conferred with regarding the frequency to be used during mobilization. PCT. CO/ XO DUTY INSP./ DUTY CAPT./ OR UMOS OF HIGHER RANK (continued) 5. NOTE Community affairs/community policing personnel with community leaders, as listed in Appendix “H” of the command’s unusual disorder plan, can be used to dispel rumors and disseminate accurate information. Deploy responding uniformed members by: a. Formulating a plan of action. b. Estimating the size, movement, motivation, intent, and leadership of the disorderly group. c. Identifying: (1) The participants of the crowd or disorderly group (2) The geographical boundaries of the area involved. d. Estimating the duration and intensity of the disorder. e. Beginning efforts to control the spread of rumors. f. 6. Identifying future targets, if applicable, by utilizing community affairs, community policing and detective personnel. g. Dividing the disorder area into sectors for mobile patrol by task force personnel, preferably in vans. h. Containing and isolating disorderly groups by sectoring, perimeter checkpoints, arrest, etc. i. Having task force personnel use mobile tactics of speed, surprise and deception to accomplish their assignment. (1) Deploy personnel as a unit, when possible, to mobile or foot posts within the designated sectors. j. Directing that arrests be made, when appropriate. k. Deploying two-thirds of available enforcement personnel and holding one-third personnel in reserve. l. Assigning additional personnel, if needed, when sufficient mobile forces are deployed in sectors, as follows: (1) Foot posts - assign one sergeant and eight police officers to posts of sufficient size. (2) Perimeter check point posts - assign at least one disorder control squad, consisting of one sergeant and eight police officers, to each check point to perform the following: (a) Prevent disorderly persons from entering or leaving area through checkpoint. (b) Keep curiosity seekers and unauthorized persons out of area. (c) Reroute public or private transportation vehicles around the area. (d) Provide rooftop and overhead security. MUST provide patrol borough and Operations Unit with regular updates on the progress of disorder control efforts, as well as unusual developments, or the need for additional resources. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-05 REVISION NUMBER: PAGE: 08/01/13 3 of 9 PCT. CO/ XO DUTY INSP./ DUTY CAPT./ OR UMOS OF HIGHER RANK (continued) 7. NOTE Captains may be assigned as commanders of task forces or borough sized precinct personnel contingents and will maintain unity of assignment for the particular unit commanded. (Team assignments are listed in ADDITIONAL DATA). LIEUTENANT 8. Prepare for relief as follows: a. Have commander ending his/her tour confer with new Incident Commander. b. Have both commanders debrief all field commanders concerning: (1) Changing patterns of disorder (2) Strength of disorderly groups (3) Any police related incidents occurring during tour (4) Any recommendation as to changes in overall strategies, etc. 9. Respond quickly and safely to stationhouse, ascertain the mobilization point, and respond promptly by RMP. Assume duties as mobile field force commander. 10. NOTE Instruct all supervisors on the following: a. Nature of the disorder. b. Mission and objectives, including specific objectives for specialized units. c. Reminder that independent or unauthorized actions will not be tolerated. d. Use minimum force necessary to achieve objectives. e. Location of arrest processing areas. f. Location of command post and appropriate telephone numbers. g. Post or sector boundaries, radio call signals and designated frequency. h. Use of specialized equipment. i. Tactics that will be utilized. j. Reporting ring schedules for command post, staggered for enforcement units every thirty minutes; hourly for all other concerned units. k. Need to immediately report important or unusual events. Lieutenants will be responsible for the performance of squads under their command. Squads will consist of one sergeant and eight police officers from each precinct in the assigned mobile field force. 11. 12. 13. 14. 15. Assist Incident Commander, in the operation of the field command post, if directed. Assume duty as either the Operations, Personnel, Intelligence or Logistics Officer (see ADDITIONAL DATA), if assigned to the field command post. Have helmet, baton, flashlight, DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) and disorder control guidelines available on patrol in RMP. Direct that Department vehicles be parked in designated spaces only, at mobilization point. Follow instructions of captain/incident commander, instruct responding sergeants and collect DETAIL ROSTER/ASSIGNMENT SHEETS. a. Submit collected DETAIL ROSTER/ASSIGNMENT SHEETS to command post. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-05 LIEUTENANT (continued) 16. 18. 19. 4 of 9 Instruct sergeants as to what radio frequency is being used and ensure that all radios are tuned to the designated frequency. a. Maintain radio discipline of subordinate members. Inspect sergeants for required uniform and equipment. a. Warn sergeants against unauthorized radio transmissions which are potentially dangerous to all members assigned to disorder. Have sergeants deliver vehicle keys to vehicle security detail, if required. Explain instructions carefully to all sergeants and ensure that all subordinates, including police officers, receive these instructions and record pertinent information, such as: a. Importance of team concept in disorder control b. Post and/or sector boundaries c. Nature of disorder d. Mission of the team e. Location and telephone number of command post and arrest processing area f. Identification of Incident Commander, platoon-mobile field force lieutenant, and other key ranking officers g. Equipment information h. Appropriate radio frequency and mobile field force/disorder control squad radio call signs. Squads will consist of one sergeant and eight police officers from the same precinct. Sergeants will be called by precinct designation, example “46 sergeant”. Mobile field force will consist of precinct personnel as listed in ADDITIONAL DATA, page 10, e.g. 1st, 5th and 7th Precincts are designated the 1st mobile field force; 46th, 47th, 50th, and 52nd Precincts are designated the 9th mobile field force. Lieutenants will be called by lieutenant’s mobile field force designation, example “9th mobile force lieutenant”. 20. NOTE PAGE: 08/01/13 17. NOTE REVISION NUMBER: Instruct subordinate members of the following assignment guidelines: a. Do not act independently; follow direction and adhere to the team concept. b. Do not “punish,” rather, be “professional” at all times. c. Ensure that only minimum force is used to achieve objectives. d. Be tolerant of verbal abuse uttered by civilians in crowd in attempting to provoke an incident. e. Maintain formation when advancing in a disorder situation. f. Maintain one arm’s length distance between themselves and the adjoining member. g. “On guard” stance should be used by all members in either a line or wedge formation. h. Be aware of potential danger of rooftops and high ground locations, e.g., rock/bottle throwers, snipers, etc. i. MAINTAIN FIREARMS DISCIPLINE. Supervisors of arrest teams should not stray from police lines due to the possibility of being surrounded by crowd members. Supervisors should also ensure that arresting officers adequately observe and document the actions of those arrested, prior to and during the arrest. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-05 REVISION NUMBER: PAGE: 08/01/13 5 of 9 LIEUTENANT (continued) 21. NOTE A lieutenant is responsible for overseeing one mobile field force consisting of three to five squads, each consisting of one sergeant and eight police officers. In disorder control situations, it is imperative that lieutenants reinforce the “team concept” of working together to form a larger team and not individually. Each mobile field force can be given a variety of assignments (see ADDITIONAL DATA for listing of team assignments). SERGEANT 22. 23. NOTE Instruct subordinate members of the following PROHIBITED CONDUCT: a. Do not permit any subordinate to become complacent, regardless of their particular assignment. b. Do not permit any subordinate to break from formation or act independently, i.e., “Think Team.” c. Do not permit sergeants to assign less than two officers to roof top posts, rear yards or alleys. (1) Ensure that only uniformed officers are given these assignments. d. Do not permit unnecessary conversation. e. Do not permit officers to congregate on post. f. Do not permit unauthorized radio transmissions. g. Do not permit sergeants to assign members in civilian clothes to rooftops, rear yards, or alleys. Respond quickly and safely to stationhouse, form squad of eight police officers, insure they are properly equipped and respond to mobilization point as directed by van. Assume duties of squad sergeant. Sergeants will be responsible for the performance of the squad they are assigned. Each squad will consist of eight police officers from the sergeant’s respective precinct. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Prepare DETAIL ROSTER/ASSIGNMENT SHEET enroute to mobilization point. May be directed to assist the Incident Commander in the operation of the field command post. Assume duty as either the Operations, Personnel, Intelligence, or Logistics Officer (see ADDITIONAL DATA), if assigned to the field command post. Have helmet, baton, flashlight, DETAIL ROSTER/ASSIGNMENT SHEET, and disorder control guidelines available on patrol in RMP. Follow instructions of supervisors, inspect members assigned, submit DETAIL ROSTER/ASSIGNMENT SHEET, etc. Ensure that portable radio is on designated frequency and maintain radio discipline of subordinates. Direct that Department vehicle is parked in designated area only. Have vehicle keys delivered to security detail, if required. Conduct thorough inspection of members assigned. Explain instructions carefully to all police officers assigned, instructing uniformed members concerned to record important information such as: a. Importance of team concept in disorder control. b. Post and/or sector boundaries. c. Nature of disorder. d. Equipment information. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-05 e. f. g. h. POLICE OFFICER PAGE: 08/01/13 SERGEANT (continued) NOTE REVISION NUMBER: 6 of 9 Mission of squad. Location and phone number of command post and arrest processing area. Identification of Incident Commander, platoon-mobile field force lieutenant, and other key ranking officers. Appropriate radio frequency and mobile field force/disorder control squad radio call signs. Each squad will consist of one sergeant and eight police officers from the same precinct. Sergeants will be called by precinct designation, example “46th sergeant”. Mobile field force will consist of precinct personnel as listed in ADDITIONAL DATA, page 8, e.g. 1st, 5th and 7th Precincts are designated the 1st mobile field force; 46th, 47th, 50th, and 52nd Precincts are designated the 9th mobile field force. Lieutenants will be called by their mobile field force designation, example “9th mobile field force lieutenant”. Captains will command three mobile field forces of each borough and will be called by their borough designations, e.g., “Bronx captain”. 34. 35. Instruct subordinate members on the assignment guidelines as listed in step 20. Instruct subordinate members on PROHIBITED CONDUCT as listed in step 21. 36. Have helmet, baton, flashlight and disorder control guidelines available in RMP on patrol. Respond quickly and safely to stationhouse or mobilization point as directed. Follow instructions of supervisors. Have portable radio tuned to designated frequency, when directed. DO NOT drive through a disorder area to reach a mobilization point or staging area. Park Department vehicle in designated space ONLY. a. DO NOT BLOCK OTHER VEHICLES. b. Give keys of RMP to security detail, if required. Listen to instructions carefully and record important information such as: a. Post and/or sector boundaries b. Nature of disorder c. Mission of the team d. Equipment information e. Location and phone number of command post and arrest processing area f. Identification of squad sergeant and other ranking officers. g. Appropriate radio frequency and mobile field force/disorder control squad radio call signs. Comply with instructions on the assignment guidelines listed in step 20. Comply with instructions on PROHIBITED CONDUCT listed in step 21. 37. 38. 39. 40. 41. 42. 43. 44. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 213-05 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 7 of 9 TEAM ASSIGNMENTS CROWD DISPERSAL - Responsible to take action against unlawful and disorderly groups. In line or wedge formations direct team to disperse a disorderly crowd. MOBILE RESPONSE - Required to create sectors in the disorder area for patrol by mobile response units. Also responsible to create a mobile reserve for emergency response and reliefs. ARREST DUTY - Required to implement appropriate arrest tactics under the supervision of sergeants and lieutenants. GENERAL PATROL - Responsible to provide teams assigned to foot patrol to create a sense of police presence in area. Required to select appropriate posts for patrol. PROTECTING VULNERABLE, SENSITIVE OR CRITICAL LOCATIONS Responsible for correctly identifying locations and providing security for designated areas. ESCORT DUTY - Maintain a liaison with other agencies and utilities, and provide staging locations where the system of escorts can be administered. CHECKPOINT DUTY - Identify borders of the disorder and provide checkpoints on appropriate roadways to create a system to: a. Detour traffic around the disorder area b. Identify alternate routes for detoured traffic c. Prevent unauthorized entry into the disorder area d. Prevent disorderly groups from entering or exiting disorder area. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-05 PAGE: 08/01/13 8 of 9 MOBILE FIELD FORCE ASSIGNMENTS PATROL SERVICES BUREAU ADDITIONAL DATA (continued) MOBILE FORCE PBMS 2ND & 3RD PLATOONS (1 SGT. AND 8 POs FIELD PER PRECINCT) NUMBER SGTs POs 24 32 24 80 32 32 32 96 32 32 32 96 32 40 32 104 24 32 24 80 32 32 64 32 32 64 24 608 1 2 3 3 4 4 11 TRANSIT BUREAU 24 1 32 1 32 1 88 3 6 8 8 22 PER TRANSIT PLAN (SEE ADD. DATA, page 12) 1 2 3 HOUSING BUREAU 24 1 24 1 24 1 72 3 6 6 6 18 ANY 3 PSAs DO DO TOTAL HB 3 3 3 9 GRAND TOTAL 96 768 192 SUBTOTAL PBBX SUBTOTAL PBBS SUBTOTAL PBBN SUBTOTAL PBQS SUBTOTAL PBQN SUBTOTAL PBSI TOTAL PSB MFF 1 2 3 1ST PLATOON (1 SGT. PER MOBILE FIELD FORCE 2 POs PER PRECINCT) SGTs POs PCTS ASSIGNED 3 4 3 10 4 4 4 12 4 4 4 12 4 5 4 13 3 4 3 10 4 4 8 4 4 8 3 76 SUBTOTAL PBMN 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTAL TD NOTE REVISION NUMBER: 1 1 1 3 1 1 1 3 1 1 1 3 1 1 1 3 1 1 1 3 1 1 2 1 1 2 1 20 26 6 8 6 20 8 8 8 24 8 8 8 24 8 10 8 26 6 8 6 20 8 8 16 8 8 16 6 152 1-5-7 6-9-10-13 MTS-17-MTN 19-20-CPP-24 26-30-33-34 23-25-28-32 40-42-44-48 41-43-45-49 46-47-50-52 60-61-62-70 66-68-72-76-78 63-67-69-71 73-75-81 77-79-84-88 83-90-94 102-103-106-107 100-101-105-113 104-108-114-115 109-110-111-112 120-122-123 Mobile field forces are a method of organizing personnel into working groups utilizing the “old” geographical patrol division format with the exception of Patrol Borough Queens North and Queens South. The Housing Bureau and Transit Bureau will organize their mobile field forces as per their own Bureau plans. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-05 REVISION NUMBER: PAGE: 08/01/13 9 of 9 TRANSIT BUREAU RESPONSE PLAN ADDITIONAL DATA (continued) The Transit Bureau patrol boroughs do not currently correspond to the geographical and administrative patrol boroughs of the Patrol Services Bureau. To address this, the following response plan will be utilized: PATROL BOROUGH MOBILIZED 2ND & 3RD PLATOON RESPONSE PER DISTRICT 1ST PLATOON RESPONSE PER DISTRICT DISTRICT(S) REQUIRED TO RESPOND PBMS 1 SGT. & 8 POs 2 POs 2&4 PBMN 1 SGT. & 8 POs 2 POs 1&3 PBBX 1 SGT. & 8 POs 2 POs 11 & 12 PBBS 1 SGT. & 8 POs 2 POs 32 & 34 PBBN 1 SGT. & 8 POs 2 POs 30 & 33 PBMS AND PBQS 1 SGT. & 8 POs 2 POs 20 PBSI NONE NONE NONE RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Unusual Disorder Plan-Formulating Plan (P.G. 213-08) Unusual Disorder Maps (P.G. 213-07) Unusual Disorder Kits (P.G. 213-09) Unusual Occurrence Reports (P.G. 212-09) Mayor’s Plan For Coordinated Action At Emergencies (A.G. 316-06) FORMS AND REPORTS DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-06 LARGE SCALE ARREST PROCESSING PROCEDURE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To establish a coordinated arrest processing procedure for situations in which the number of arrests effected is, or is anticipated to be, in excess of twenty persons, (i.e. organized demonstration, large scale disorder, large police enforcement initiatives, etc.). NOTE In the borough of Manhattan or Brooklyn North, the former Manhattan Central Booking facility, (enabled with OLBS and Livescan capabilities), is available to process arrests. Commanding officers interested in using this facility must notify the Commanding Officer, Manhattan Court Section. PROCEDURE When it is anticipated that a large number of arrests will be effected: BOROUGH COMMANDER 1. NOTE Each of the eight Patrol Boroughs will forward an updated copy of this list to the Operations Unit. 2. Establish and maintain a list of all the precinct stationhouses within the Patrol Borough, in priority order, for utilization to process up to twenty persons in mass arrest situations. Establish priority of the stationhouses to be utilized based on each precinct stationhouse’s ability to simultaneously process multiple prisoners with minimal interference to that command’s day to day operations. NOTE When determining the priority in which precinct stationhouses will be utilized first in each Patrol Borough, consideration will be given to the precinct’s physical layout, its ability to secure multiple prisoners at one time and the space available for arresting/assigned officers to prepare required arrest related forms and reports, (geographical considerations may also be given at the actual time of the incident before precincts are utilized). INCIDENT COMMANDER 3. NOTE Every effort will be made to have arresting/assigned officer’s process no more than five prisoners and the arrest supervisors assigned no more than four arresting/assigned officers, when practical. 4. 5. NOTE Have groups of no more than twenty prisoners with their arresting/assigned officers and one supervisor from the scene of arrest, transported to designated precinct stationhouse(s) via patrol wagon. Ensure arresting/assigned officers have definite knowledge of the arrest, and can articulate the factual elements of the offense for which the arrests were effected. Have the desk officer of the processing precinct notified of the number of prisoners that are enroute to their command for processing. Precinct commanders will ensure that their commands have an adequate supply of arrest related forms and reports readily available in the event their stationhouse is utilized. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-06 ARREST SUPERVISOR PAGE: 08/01/13 6. 7. 8. 9. NOTE REVISION NUMBER: 2 of 2 Ensure that each prisoner is photographed with their arresting/assigned officer before boarding patrol wagon and affix MASS ARREST PEDIGREE LABEL (PD244-093) to back of each Polaroid, with all relevant captions completed. Contact the Incident Commander/Command Post, upon arrival at processing precinct stationhouse, to verify if prisoners will be processed as on-line arrests or be issued DESK APPEARANCE TICKETS (PD260-121) and/or Criminal Court Summonses, if qualified. Ensure that city, state and federal warrant checks are performed. Directly supervise all arrest processing, as per that borough’s arrest processing procedures. The precinct Arrest Processing Officer (APO), will assist the arrest processing supervisor and arresting/assigned officer in all computer functions and ensure all appropriate forms are prepared so that the District Attorney’s Office will be able to prepare a Sworn Complaint. The primary function of the Arrest Processing Officer is to return the arresting/assigned officer to patrol during large scale demonstrations, disorder or enforcement initiatives. The arrest processing supervisor will identify another member of the service, who is qualified in Livescan, to fingerprint ALL prisoners that are required to be fingerprinted. 10. 11. ADDITIONAL DATA Review and sign, where appropriate, all arrest related documents and forms for accuracy and completeness upon completion of arrest processing, including DESK APPEARANCE TICKETS and Criminal Court Summonses issued (ensuring the appropriate return date has been issued). Contact Incident Commander/Command Post to receive approval before releasing any defendant issued a DESK APPEARANCE TICKET or Criminal Court Summons, and if applicable, to request transportation to the appropriate Court for prisoners processed as on-line arrests. When a large scale arrest situation is anticipated, the commanding officer concerned is to notify the concerned borough Court Section supervisor, via telephone message, with all pertinent information, including the date and time of scheduled event and the anticipated number of arrests. The borough Court Section will then make appropriate notifications to the District Attorney’s Office and Office of Court Administration to ensure all arrests are processed expeditiously. If large scale arrest situations are scheduled sufficiently in advance, and the number of anticipated arrests dictate it, a centralized processing area may be utilized and coordinated through the concerned borough Court Section. RELATED PROCEDURES Criminal Court Summonses - Graphic (P.G. 209-11) Arrest By A Civilian (P.G. 208-04) Desk Appearance Ticket - General Procedure (P.G. 208-16) Command Post Operations (P.G. 213-01) FORMS AND REPORTS DESK APPEARANCE TICKET (PD260-121) MASS ARREST PEDIGREE LABEL (PD244-093) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-07 UNUSUAL DISORDER MAPS DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To provide responding personnel with a graphic representation of possible police deployment and operation during an unusual disorder. NOTE Unusual disorder maps are also used to graphically represent actions taken by responding personnel as well as incidents, crimes, protest marches, etc., within the precinct concerned. These maps allow for the cross-referencing of the situation and intelligence logs and the personnel status boards. Additionally, these maps are an invaluable tool for both the incident commander and the command post staff. COMMANDING 1. OFFICER 2. 3. Procure eight large wall type precinct/police service area/transit district area maps from the Communications Division, Cartography Section. Mark each with sensitive and key locations necessary for operations planning in an unusual disorder. Indicate the following locations by the corresponding colors and symbols: GUN STORES RED UTILITY FACILITIES BLUE DIPLOMATIC FACILITIES RADIO REPEATERS BUSINESS DISTRICTS NOTE ORANGE GREEN OUTLINED IN BLACK MOBILIZATION POINTS AND LANDING ZONES BLACK MISCELLANEOUS AS DETERMINED BY COMMANDING OFFICER YELLOW These key and sensitive locations will by marked in two ways, as follows: a. One by color indicating its location and type, and b. One by graphic symbol, as indicated above. Exact locations will be indicated, where possible, by drawing an arrow between the location in the appropriate color and the appropriate symbol on the side of the map. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-07 PAGE: 08/01/13 COMMANDING 4. OFFICER (continued) NOTE REVISION NUMBER: 2 of 2 Prepare an index listing the facilities on the map on separate sheet of paper and permanently attach the index to a non-essential area on the front of the map. Utilize a letter and number type index to differentiate between similar locations. For example, if there are three gun stores in the precinct/police service area/transit district area, they are listed on the map index as “A1,” “A2,” and “A3.” MEMBER CONCERNED, POLICE ACADEMY REPRODUCTIONS UNIT 5. Forward all eight maps to the Police Academy, Reproductions Unit, for lamination. 6. Laminate maps and return them, when completed, to originating command. COMMANDING 7. OFFICER, CONCERNED RELATED PROCEDURES Retain two laminated maps at command. a. Distribute the remaining six maps, as follows: (1) Two each to: (a) Patrol borough concerned (b) Operations Unit (c) Disorder Control Unit. Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Duties At Unusual Disorders (P.G. 213-05) Unusual Disorder Plan - Formulating Plan (P.G. 213-08) Unusual Disorder Kits (P.G. 213-09) Unusual Occurrence Reports (P.G. 212-09) Mayor’s Plan For Coordinated Action At Emergencies (A.G. 316-06) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-08 UNUSUAL DISORDER PLAN - FORMULATING PLAN DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 6 PURPOSE To formulate plans for suppressing unusual disorder. PROCEDURE When commanding officers concerned (see ADDITIONAL DATA) are required to formulate and maintain unusual disorder plans: BUREAU CHIEF/ BOROUGH COMMANDER/ COUNTERPART 1. Direct commanding officers of subordinate commands to formulate and submit an unusual disorder plan following the outline listed in ADDITIONAL DATA. PRECINCT/ UNIT COMMANDER 2. 3. 4. Evaluate current unusual disorder plan of command. Formulate new plan following the outline listed in ADDITIONAL DATA. Prepare plan utilizing current Department word processing software. a. DO NOT skip any appendix listed in outline. NOTE If an appendix does not apply, prepare a blank page listing the appendix and the statement “DOES NOT APPLY TO THIS COMMAND.” 5. Forward disk, if available, and a printed copy of plan to bureau chief/ borough commander or counterpart. BUREAU CHIEF/ 6. BOROUGH COMMANDER/ COUNTERPART Consolidate and review all unusual disorder plans for completeness and accuracy. BOROUGH COMMANDER/ COUNTERPART Have a file created for unusual disorder plans at the borough “wheel,” borough task force command and borough command post vehicle. Formulate and prepare an unusual disorder plan for the borough utilizing the appropriate appendices in ADDITIONAL DATA to convey instructions and advice to subordinate commands regarding borough policies and procedures. Have borough unusual disorder plan prepared utilizing current Department word processing software. 7. 8. 9. BUREAU CHIEF/ BOROUGH COMMANDER/ COUNTERPART 10. NOTE Unusual disorder plans will be updated yearly with changes noted on a cover sheet and forwarded to the Office of the Chief of Department by February 1st each year. Bureau/borough/unit commanders may conduct a more frequent review of disorder plans, as necessary. Submit disks, if available, and printed copies of plans to Office of the Chief of Department for review. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-08 CHIEF OF DEPARTMENT 11. 13. 14. 15. 16. ADDITIONAL DATA PAGE: 08/01/13 12. BUREAU CHIEF/ BOROUGH COMMANDER COUNTERPART REVISION NUMBER: 2 of 6 Review unusual disorder plans submitted from bureau chiefs/borough commanders or counterparts. Forward approved plans to bureau chief/counterpart or borough commander/ counterpart concerned, through channels. a. Forward copies of all completed unusual disorder plans and disks to the Disorder Control Unit. Ensure approved disorder plans are available on a twenty-four hour basis. Have the unusual disorder plan, in a binder, maintained at the desk and in patrol supervisors’ RMPs. Instruct members of the command of: a. The location and routes to the precinct mobilization points b. Emergency routes, particularly those which pass through the confines of precinct. Have a map with the mobilization points displayed in the sitting room. Commanding officers of the following commands are required to formulate and maintain unusual disorder plans: a. All patrol precincts b. All patrol boroughs c. All borough task forces d. Detective Bureau e. Missing Persons Squad f. Organized Crime Control Bureau g. Housing Bureau (response to a city-wide condition) h. Transit Bureau (response to a city-wide condition) i. All police service areas j. All transit districts and task forces k. Criminal Justice Bureau l. Fleet Services Division (including Fuel Control Unit) m. Property Clerk Division n. Quartermaster Section o. Special Operations Division (including sub-units not listed) p. Emergency Service Unit (including all sub-units) q. Street Crime Unit r. Harbor Unit s. Aviation Unit t. Chief of Transportation (including sub-units not listed) u. Highway District v. Mounted Unit w. Applicant Processing Division x. Deputy Commissioner - Legal Matters y. Chief of Community Affairs z. Communications Division aa. Electronics Section bb. Operations Division. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 213-08 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 6 FORMAT TO BE FOLLOWED WHEN PREPARING UNUSUAL DISORDER PLAN SECTION I APPENDIX A INTRODUCTION AND INSTRUCTIONS (1) PATROL PRECINCTS, POLICE SERVICE AREAS AND TRANSIT DISTRICTS (a) Describe precinct, police service area and transit district demographics including: Physical description Ethnic breakdown Religious breakdown (b) Include important characteristics or short historical analysis of past disorders, feuds, bias problems, etc. Include recent events where appropriate. (c) Outline duties and local tactics to be followed when disorder is: Localized Enveloping the entire command Involving multiple precincts, districts or police service areas (d) Sectoring, perimeter checkpoints and linear strategy should be evident in these plans. (2) OTHER THAN COMMANDS LISTED ABOVE (ORGANIZED CRIME CONTROL BUREAU, PROPERTY CLERK DIVISION, ETC.) (a) Describe your anticipated participation in an unusual disorder response and how you intend to accomplish your mission. (b) How many personnel will be rescheduled if required and available for deployment? (c) What procedures will be instituted to ensure sufficient personnel to carry out your anticipated mission in an unusual disorder response? APPENDIX B VULNERABLE LOCATIONS (1) Each group of locations should be listed in priority order, with supplied post lists, for patrol coverage, i.e.: (a) COMMERCIAL PRIORITY 1 PRIORITY 2 (b) OTHER LOCATIONS PRIORITY 1 APPENDIX C SENSITIVE LOCATIONS (1) List sensitive locations, with appropriate post lists, by type in priority order, as follows: (a) Gun shops (b) Sensitive religious locations (c) Public utilities (d) Sensitive diplomatic locations (e) Storage sites of large quantities of hazardous materials (f) Any other locations deemed necessary by the commanding officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 213-08 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 6 ADDITIONAL DATA (continued) APPENDIX D MOBILIZATION POINTS - HELICOPTER LANDING ZONES (1) Identify two mobilization points in your command with staffing levels and post lists for traffic control and security. (2) Identify alternate staging areas with post lists for security and traffic control. (3) Identify rest areas, i.e., two city schools within your command to be used as rest/staging areas for reporting members. (a) Include posts/ staffing to provide security. (4) Identify a “Helicopter Landing Zone” with post lists to secure location. (a) Submit proposed helicopter landing zone information on Typed Letterhead to the Commanding Officer, Aviation Unit for final approval. (5) Identify docking locations for Harbor Unit in precincts that border water. NOTE When creating post assignments as required in Appendices B, C, and D, remember the principle of economy of force. Utilize the minimum number of officers for defensive post assignments using the one sergeant and eight police officer squad concept. APPENDIX E SPECIAL TACTICAL PLANS (1) Include a summary of specialized plans already existing in your command, such as Halloween, yearly, or frequent protest rally plans including plans used to regulate them for the past three years. APPENDIX F EQUIPMENT/SPECIALIZED UNIT REQUIREMENTS NEEDED TO EFFECTIVELY IMPLEMENT PLANS AND TACTICS (1) List all motor vehicles, bicycles, boats, aircraft, number of animals assigned to command by type (2) List number of portable radios (3) List additional equipment needed to implement plans and tactics. APPENDIX G DETENTION FACILITIES (1) List detention facilities within your command boundaries not including those in your building suitable for processing of prisoners, after conferral with Criminal Justice Bureau. (a) Include security post list for each facility. APPENDIX H PERSONS KEY TO COMMUNITY STABILITY (1) Lists should include telephone number, beeper number (if available), address, etc. Persons listed should be grouped as follows: Elected officials Clergy Community Council members Community Board members School officials Other community/civic organizations Other prominent persons. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 213-08 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 6 NOTE Include instructions, after conferral with borough commander, on how to notify those persons listed above. ADDITIONAL DATA (continued) SECTION II APPENDIX I COORDINATION OF EFFORTS WITH OTHER AGENCIES OR POLICE DEPARTMENTS OPERATING WITHIN THE AFFECTED AREA. (1) List contact persons and telephone numbers. (2) Describe the role and contribution of these agencies during an unusual disorder. (a) Confer with these agencies. (3) List locations and designations of local agency sites (i.e., firehouses, sanitation garages, ambulance bases, etc.). (4) List vehicle fueling locations at other agencies within your command. APPENDIX J KEY PERSONNEL (PRECINCT OR UNIT) (1) List key personnel, with home telephone numbers and addresses, i.e., operations coordinator, special operations coordinator, community policing sergeant, etc. (a) Include notification instructions for each mobilization level. APPENDIX K PRECINCT SECTOR DESCRIPTIONS, (OR EQUIVALENT FOR HOUSING BUREAU AND TRANSIT BUREAU), BOUNDARIES, MAPS APPENDIX L COMMUNITY POLICE BEAT OFFICERS AND BEAT BOUNDARIES (1) COMMUNITY POLICING PERSONNEL: (a) List names and home telephone numbers of all sergeants and police officers assigned and identify their beats. APPENDIX M EMERGENCY TRANSPORTATION AVAILABLE IN YOUR COMMAND. (1) Include commercial buses, ferries and heliports. APPENDIX N LOCAL HOSPITALS\NURSING HOMES (1) List all hospitals\nursing homes, with a list of each hospitals\nursing homes’ key administrators, within your command. (a) List established emergency routes to local hospitals\nursing homes. (b) List the facilities that may require assistance in the event of a power outage or interruption. (2) Include a floor plan (a clear, legible and simplified sketch) of hospital emergency room and telephone numbers of key departments within each hospital. NOTE Include an 8 ½ X 11 inch map with Appendix “B,” “C,” “D,” “K” and “L.” Each map should be specific to the information in that appendix. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 213-08 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Duties At Unusual Disorders (P.G. 213-05) Unusual Disorder Maps (P.G. 213-07) Unusual Disorder Kits (P.G. 213-09) Unusual Occurrence Reports (P.G. 212-09) Mayor’s Plan For Coordinated Action At Emergencies (A.G. 316-06) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT 6 of 6 PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-09 UNUSUAL DISORDER KITS DATE ISSUED: DATE EFFECTIVE: 08/01/13 PURPOSE REVISION NUMBER: PAGE: 08/01/13 To provide readily available clerical supplies and Department forms for use at unusual disorder scenes. COMMANDING 1. OFFICER Maintain at a readily available storage location, with command post log and flag, an unusual disorder kit containing the following: ITEM Copy of precinct/police service area/ transit district “Unusual Disorder Plan” NOTE 1 of 2 AMOUNT 1 An additional copy of precinct/police service area/transit district Unusual Disorder Plan will be separated by Appendix, placed in individual manila folders, and appropriately labeled according to area. Folders will be delivered to, and available for, reference at field command post. Copy of Patrol Guide 213 Series 1 Precinct/police service area/transit district map (large laminated - see ADDITIONAL DATA) 2 Precinct/police service area sector map (small, reproduced on photocopy machine) 75 Number 1 book 2 Writing tablet, lined, 8 ½” X 14” 4 Multi-service envelope 15 Paper clips 2 boxes Stapler 1 Staples 1 box Dry eraser markers 1 set Index cards, 4” X 6” 200 Rubber bands NEW YORK CITY POLICE DEPARTMENT 1 box PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-09 REVISION NUMBER: PAGE: 08/01/13 2 of 2 COMMANDING DEPARTMENT FORMS AMOUNT OFFICER ACCIDENT REPORT - CITY INVOLVED (PD301-155) 50 (continued) AIDED REPORT WORKSHEET (PD304-152B) 200 COMPLAINT REPORT WORKSHEET (PD313-152A) 200 DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) 200 IDENTIFICATION TAG (PD317-091) 100 MISSING - UNIDENTIFIED PERSON REPORT (PD336-151) 50 PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) 200 TAG (PD521-091) 300 2. 3. 4. 5. Instruct desk officers to dispatch unusual disorder kit to a scene of an unusual disorder, when required. Obtain additional supplies, if required during an unusual disorder, from command post vehicle, adjoining commands or Quartermaster Section. Replace expended supplies without delay. Cause semiannual inspection of unusual disorder kit and place supplies that are missing, obsolete, deteriorated, etc. ADDITIONAL DATA Large laminated maps will be prepared as per P.G. 213-07, “Unusual Disorder Maps.” RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Duties At Unusual Disorder (P.G. 213-05) Unusual Disorder Plan - Formulating Plan (P.G. 213-08) Unusual Disorder Maps (P.G. 213-07) Unusual Occurrence Reports (P.G. 212-09) Mayor’s Plan For Coordinated Action At Emergencies (A.G. 316-06) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-10 EMERGENCY MOBILIZATION OF OFF DUTY PERSONNEL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 6 PURPOSE To direct the mobilization of off duty members of the service (uniformed and civilian) during emergencies. SCOPE In the event of a mobilization of off duty personnel, members of the service (uniformed and civilian) who are scheduled to report for duty with the next scheduled platoon or are on a scheduled regular day off (RDO), will report to their permanent command or, if directed, an alternate mobilization point. Uniformed members of the service in the rank of captain or above will, in all cases, report to their permanent command. All other members will report as per their regularly scheduled tours. EXAMPLE - An off duty mobilization is activated on the third platoon. Those members scheduled to report for duty with the next scheduled first platoon, as well as all members on a regular day off, will immediately report to their permanent commands or mobilization points, as directed. All other members will report for their next scheduled tour of duty. Adhering to this schedule will allow for relief of mobilized personnel if the condition which originally necessitated the mobilization continues over an extended period. NOTE Off duty members of the service required to respond as per this procedure are being ordered to report for duty. Activation of this procedure will be transmitted via television, radio, or telephone. For the purposes of this procedure the standard first, second and third platoon system will be utilized. Members of the service not assigned to tours within this platoon system will be considered assigned to the platoon in which the majority of their tour hours are performed. OFF DUTY MOBILIZATION PLATOON ASSIGNMENTS MAJORITY OF TOUR PERFORMED DURING: 0000 hours - 0800 hours 0800 hours - 1600 hours 1600 hours - 2400 hours PLATOON ASSIGNED TO: First Platoon Second Platoon Third Platoon The primary mobilization point for all activated off duty members of the service will be their permanent command. However, if circumstances dictate otherwise, the Police Commissioner, First Deputy Commissioner or the Chief of Department may require response to alternate mobilization points. Such alternate response points, determined by the member’s residence, will be as follows: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-10 REVISION NUMBER: PAGE: 08/01/13 LOCATION OF RESIDENCE SCOPE (continued) 2 of 6 DESIGNATED MOBILIZATION POINT New York City (except Staten Island) Permanent command Staten Island 122nd Precinct (if permanent command is not on Staten Island) Westchester, Rockland, Orange or Putnam Counties 50th Pct. Mobilization Point at Van Cortlandt Park, Broadway and Mosholu Avenue Nassau and Suffolk Counties: North of Long Island Expressway South of Long Island Expressway Flushing Meadows Park, 110th Pct. at the Queens Museum opposite the Unisphere 113th Pct. Mobilization Point at Baisley Pond Park, 150th Street and 133rd Avenue ASSIGNMENT OF MOBILIZED PERSONNEL All mobilized personnel and all personnel already on duty will be organized into squads consisting of one supervisor and eight police officers/detectives. Squad assignments will be recorded on DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141). To facilitate assignment, redeployment, and relief of personnel, members will be assigned and categorized as “on duty,” “next platoon,” and “regular day off.” Mobilized members from the Patrol Services Bureau, Housing Bureau, and Transit Bureau will be assigned to the operational control of their respective bureau. Mobilized personnel assigned to the next scheduled platoon will be utilized as per the needs of their permanent command. Personnel mobilized on their RDO will be organized into mobile field forces and deployed as rapid response units by their respective borough commands. Mobilized Organized Crime Control Bureau personnel will be organized into mobile field forces for deployment as rapid response units, under the operational control of the Operations Unit. NOTE A “mobile field force” is a platoon, under the command of a lieutenant, composed of three to five squads, consisting of one supervisor and eight police officers/detectives. The Chief of Detectives will determine which Detective Bureau personnel will be assigned to investigative functions, if necessary. Mobilized personnel not utilized in investigative functions will be assigned as directed by the Operations Unit. Other personnel (mobilized and on duty) not specifically assigned in this procedure will be deployed by the Operations Unit to supplement personnel within the Patrol Services Bureau, Housing Bureau and Transit Bureau. Mobilized civilian members of the service will perform their routine duties at their permanent command, unless otherwise directed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-10 PROCEDURE PAGE: 08/01/13 3 of 6 Upon the direction of the Police Commissioner, First Deputy Commissioner, or the Chief of Department: COMMANDING 1. OFFICER/ DESK OFFICER, OPERATIONS UNIT NOTE REVISION NUMBER: Prepare a off duty mobilization message detailing the pertinent information and instructions relative to the emergency situation and directing: a. All members of the service (uniformed and civilian) who are scheduled to report for duty with the next scheduled platoon, or are on a regular day off, to report to their permanent commands without delay, unless otherwise directed. The mobilization point (either permanent command or alternate) will be determined by the Police Commissioner, First Deputy Commissioner or the Chief of Department. b. 2. 3. 4. 5. 6. 7. NOTE Deputy commissioners/bureau chiefs will provide the Operations Unit with a list of key command personnel to be notified in case of emergency. Included in that list will be a designated liaison officer (captain or above) who will act as a liaison with the Operations Unit. The liaison officer will be available to respond to the Operations Unit Command Post/NYPD Emergency Operations Center. Deputy Commissioners/Bureau Chiefs will be responsible for updating these lists and notifying the Operations Unit of changes. 8. 9. NOTE All other members of the service (uniformed and civilian) to report for their normally scheduled tours. c. Suspension of all training until further notice. Request the Deputy Commissioner - Public Information have the off duty mobilization message broadcast over radio and television. Activate and staff the Operations Unit Command Post and the NYPD Emergency Operations Center. Direct and coordinate the movement of personnel and equipment during the emergency. Direct the Communications Section to designate a telephone number for use by mobilized members of the service whose permanent command is closed. Direct commands to make telephone notifications to members if off duty mobilization message is transmitted during early morning hours or at other times when members may not hear it. a. Notifications will also be directed if initial response of personnel is inadequate. Notify key command personnel, direct. Request commands with Department buses and/or New York City Transit to dispatch buses to activated mobilization points or other location where needed. a. Notify commands concerned of the number of buses responding. Direct the Fleet Services Division to prepare the emergency fleet for assignment and report the availability of fuel at Department facilities to the Operations Unit. Department vehicles, not in use, should be utilized if Department or New York City Transit buses are not available. In addition, the railway/subway systems and water vessels may be utilized. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-10 COMMANDING OFFICER/ DESK OFFICER OPERATIONS UNIT (continued) PAGE: 08/01/13 10. 11. 12. 13. PATROL 14. BOROUGH COMMANDERS 15. COMMANDING 16. OFFICER/ RANKING MEMBER 17. PERMANENT COMMANDS 18. NOTE REVISION NUMBER: 4 of 6 Notify the precincts and patrol boroughs concerned to activate and staff designated alternate mobilization points, if necessary. Direct the Chief of Transportation to dispatch personnel as follows: a. Highway District vehicles to mobilization points to escort buses. b. Traffic control personnel to assist with traffic control at designated alternate mobilization points. Designate a telephone number for use by mobilized members of the service whose permanent commands are closed at the time of the mobilization. a. Prepare a tape-recorded message that will continuously inform members of the service of mobilization particulars. b. Update message as needed. Activate patrol borough command post, if not already activated. Establish procedures for the coordination of precinct/designated mobilization points within the patrol borough. a. Maintain adequate communications between mobilization points and patrol borough. Arrange for the rapid loading of buses to transport members of the service to their permanent commands if a mobilization point has been activated within the patrol borough. Organize personnel (on duty and mobilized) into squads consisting of one supervisor and eight police officers/detectives. a. Record on DETAIL ROSTER/ASSIGNMENT SHEET by categories - “on duty,” “next platoon,” or “regular day off.” Assure adequate parking facilities are available for responding members. a. Street may be closed to provide parking areas. b. Provide security for such areas. Notify patrol borough/counterpart of number of the following: a. Personnel available, by rank. b. Number of squads, by category. c. Number of personnel that have been assigned to address the needs of the command. d. Number of operational vehicles, by type. Patrol boroughs/counterparts will consolidate the personnel and vehicle figures and report the totals to the Operations Unit. 19. 20. Designate an existing telephone line(s), i.e., roll call, clerical, etc., to be utilized by members of the service for mobilization instructions. a. Designated line (s) should be one that will not adversely affect the command’s ability to conduct Department business. Assign personnel to establish and maintain the mobilization point, if activated, within the command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-10 REVISION NUMBER: PAGE: 08/01/13 5 of 6 COMMANDING 21. OFFICER/ RANKING 22. MEMBER PERMANENT COMMANDS (continued) Direct that telephone notifications be made to members of command, if off duty mobilization message is transmitted during early morning hours, or at other times when members may not hear it or if response is inadequate. Notify key command personnel, direct (by telephone, through resident precinct, or other available means). 23. 24. Establish field command post. Arrange for traffic posts along routes into mobilization point. a. Request assistance from Transit Bureau for traffic control. Arrange for security posts. Assure that adequate parking is available for responding members of the service. a. Streets may be closed to provide parking and such areas should be identified and provided with proper security. Arrange for transportation of personnel to permanent commands. a. Arrangements will be made through the patrol borough concerned to the Operations Unit. Notify the Operations Unit of the number of personnel, by rank, who have reported for duty and the number who have been transported to their permanent commands. RANKING MEMBER AT MOBILIZATION POINTS 25. 26. 27. 28. DEPUTY COMMISSIONERS/ BUREAU CHIEFS NOTE 29. 30. Prepare internal plans to assure operation and staffing of all necessary subordinate commands during an emergency. Submit internal plans for mobilizing off duty members of the service (uniformed and civilian) to the Chief of Department and the First Deputy Commissioner, for approval. a. These plans shall be included in the command’s “Unusual Disorder Plan,” if applicable. b. Unusual Disorder Plans are to be reviewed annually and submitted to the Office of the Chief of Department, through channels, by February 1st, each year. Plans shall include instructions for the mobilization of uniformed members of the service beyond those needed to maintain essential services, and for those assigned to commands that are closed. The plan should specify mobilization points and a procedure for notifying the Operations Unit for appropriate deployment instructions. Overhead commands, e.g., Patrol Services Bureau, Housing Bureau, Detective Bureau, etc., will maintain communications with the Operations Unit. Sub-units will not call the Operations Unit direct. Such plans will be on file at the Operations Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 213-10 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 6 ADDITIONAL DATA If a specialized unit mobilization, requiring the off duty mobilizations of members assigned to that specialized unit only, is called, this procedure will not be implemented. The “Unusual Disorder Plans” ,for bureaus/commands/units, can be utilized for those purposes. These “Unusual Disorder Plans” contain listings of key personnel to be recalled. FORMS AND REPORTS DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Unusual Disorder Plan - Formulating Plan (P.G. 213-08) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-11 POLICING SPECIAL EVENTS/CROWD CONTROL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 6 PURPOSE To provide police presence and crowd control at special events. DEFINITIONS For the purposes of this procedure, the following definitions will apply: INCIDENT COMMANDER - The highest ranking uniformed police supervisor responsible for the command, control and coordination of all incident operations. For planned events such as parades, demonstrations, and similar situations, the precinct commanding officer will ordinarily be designated as incident commander. If the event occurs in two or more commands within the same patrol borough, the patrol borough commander will be designated as incident commander, and in cases where the event affects more than one patrol borough, the Chief of Patrol will be designated as incident commander. PLACES OF PUBLIC ASSEMBLY: Locations where events open to the public are held. Examples include, but are not limited to: stadiums, theaters, arenas, school auditoriums, gymnasiums, meeting halls, ballrooms, armories, field and street areas where events are held, etc. SPECIAL EVENT: An event which, based on an evaluation of factors including but not limited to the following, would lead a commanding officer to reasonably believe that special police coverage, presence, or response may be needed, based on the following factors: a. Size and demographics of crowd expected to attend event b. Size and layout of the event facility c. Past critiques of similar events d. Criminal history of location e. Availability of alcohol f. Presence of notables/personalities, live music or entertainers g. Previous history of disruption or problems associated with or due to reputations of, or specific issues related to speaker or performers h. Manner of ticket sales (box office, advance tickets, door sales, mail, lottery, outlets, etc.) i. Manner of admission (advance tickets, door sales, free admission, etc.) j. Nature or sensitivity of the event k. Presence of private security l. Presence or possibility of opponents or counterdemonstrators. Such events may be either routine or outside of the normal course of business of the facility concerned. PROCEDURE Upon receiving information that a special event will be held at a location of public assembly: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-11 REVISION NUMBER: PAGE: 08/01/13 2 of 6 MEMBER RECEIVING INFORMATION 1. Provide all pertinent information to incident commander concerned. a. Notify Operations Unit direct if time is a factor. INCIDENT COMMANDER 2. Assign a supervisor to conduct pre-event survey. a. Forward copy of information received to Intelligence Division for inclusion in database. NOTE Provide basic information regarding event site from precinct file, if available. SUPERVISOR ASSIGNED 3. 4. 5. 6. INCIDENT COMMANDER 7. 8. Confer with community affairs officer(s), operator of facility, event sponsor(s), security coordinators and other parties involved with event. Review event preparations with operator of facility. Conduct pre-event survey of location, when appropriate. Report results to incident commander concerned. Review information received and make preliminary determination of what, if any, Department resources are required, e.g., special attention, assignment of detail, special equipment, etc. Notify next higher command, of information received and preliminary determination. WHEN NECESSITY OF PRE-EVENT PLANNING CONFERENCE IS INDICATED: INCIDENT COMMANDER 9. NOTE If pre-event survey indicates possibility of large crowd exceeding facility capacity or medical assistance being needed, the Fire Department will be notified to have a representative at the conference. 10. 11. 12. Convene planning conference, at facility where event is to be held, with operator, event sponsor(s), security coordinator, representative of next higher command, Operations Division, and other parties involved. Request to have representative(s) present at inter-agency conference with the event organizers and facility management, if pre-event survey indicated that other city agencies may be needed. Evaluate the event, by determining the following: a. Organizer’s past experience with similar events b. Likelihood of planned event drawing large crowds c. Demographics of crowd likely to attend the event. Obtain information regarding admission to event and determine: a. If paid or by free admission b. Amount of advance sale tickets anticipated c. Anticipated ticket sales at gate on day of the event and ticket sale locations at site, as well as ticket pickup locations d. Number of entrances available for ticket holders NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-11 PAGE: 08/01/13 3 of 6 e. INCIDENT COMMANDER (continued) 13. 14. 15. 16. 17. NOTE REVISION NUMBER: Plans, if any, for non-ticket holders, waiting lines, ropes, ushers, security personnel, etc. f. If magnetometers are to be used at event. Determine if all necessary permits have been requested and/or obtained. Determine if security force is armed. Ascertain if alcoholic beverages are going to be served at the event. Confer with Intelligence Division to determine past history of similar events, if deemed appropriate. a. Conduct background checks on armed security (if known), event sponsors and the premises, if necessary. Notify next higher command concerned of pre-event planning conference findings. In appropriate cases, the Intelligence Division will be conferred with to check the history of past events. The Police Department will not engage in any investigation of political activity except through the Public Security Section of the Intelligence Division and such investigation will be conducted as set forth in the guidelines contained in P.G. 212-72, “Guidelines for Uniformed Members of the Service Conducting Investigations of Unlawful Political Activities”. WHEN RESULTS OF PRE-EVENT SURVEY OR CONFERENCE INDICATE NECESSITY OF POLICE PRESENCE: 18. 19. NOTE Ensure other city agencies NOT represented at the pre-event planning conference (Fire Department, Parks Department, New York City Transit, Department of Sanitation, etc.,) have been notified, and receive all pertinent information, as necessary. Request Deputy Commissioner Public Information disseminate appropriate information to the media regarding police presence, contact information, zero tolerance enforcement policy, etc. In cases in which the special event is a demonstration, information on expected street and sidewalk closings and information on how the public may access a demonstration site will be disseminated to the media and event organizers and should, if possible, be posted on the Department’s website. Officers assigned to such events should be given detailed instructions on such closings and points of access prior to assignment. Detail supervisors should also be advised of street closures and points of access and any changes of points of access which occur during the event and which were not previously anticipated and publicized. Officers assigned to such events shall provide information to the public at the event about available points of access. 20. 21. Request all necessary personnel and equipment (e.g., command post vehicles, portable radios, bullhorns, sound equipment, barriers, vehicles, lighting, etc.), through patrol borough concerned. Develop pre-event plan to include, but not be limited to, the following: a. Designation of security arrangements and responsibilities b. Identification of all contact persons, including telephone numbers NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-11 PAGE: 08/01/13 4 of 6 c. d. INCIDENT COMMANDER (continued) 22. NOTE REVISION NUMBER: Command post locations, if necessary Internal and external radio communication plan, including dual dispatch protocol, if necessary e. Entrance and exit locations and their capacities f. Floor plans, including legal capacity of facility based on the Certificate of Occupancy g. Ensure that a sufficient number of police barriers are requested for the event, if appropriate h. Develop a barrier configuration plan that ensures: 1) Orderly movement by persons attending the event. 2) Safety lanes and frozen areas to provide access for police personnel. 3) Barrier configuration for demonstrations should not unreasonably restrict access to, and participation in, the event. For example, attendees should be permitted to leave a barriered area at any time. In addition, if crowd conditions and other circumstances permit, participants should be permitted to leave and return to the same area. Sufficient openings in the barricades should be maintained for the purpose of permitting attendees to leave expeditiously and return to the event. i. Parking area locations and their capacity j. Plan to provide for fluid flow of vehicle traffic which will include emergency access routes k. Public transportation availability and locations, including route or schedule adjustments l. Mobilization location, if one becomes necessary m. Medical aid stations and locations n. Crowd control plan o. Type of seating which will be afforded to attendees p. Provision for media access q. Counter-demonstration activities and locations r. Provision of live video feeds or other event monitoring and recording techniques s. Aviation Unit and/or rooftop surveillance t. Plainclothes surveillance and/or enforcement u. Any other factors deemed necessary. Establish a post event patrol plan, if necessary. a. Include scheduling and deployment of patrol borough task force, where appropriate. Where the use of the Mounted Unit becomes necessary for crowd control purposes, incident commanders are reminded that if Mounted officers are deployed for such purposes, it is important to ensure that a crowd or group to be dispersed has sufficient avenues of egress available to them and has had a reasonable chance to disperse. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-11 REVISION NUMBER: PAGE: 08/01/13 5 of 6 SUPERVISOR NEXT HIGHER COMMAND 23. Review event coverage requirements and recommendations. a. Assign detail and forward request for necessary equipment, when appropriate. ADDITIONAL DATA Where circumstances indicate that the continued sale and consumption of alcoholic beverages pose a threat to public safety, the Department may suspend the sale of alcoholic beverages for a period of time necessary to address the public safety concerns. Prior to the beginning of the event, the incident commander will ensure that communication is established with the operators and security coordinators of the event. When necessary the incident commander may decide to establish internal communications via portable radio at the scene with a police observer team or security liaison. Police observers at the special event shall maintain radio communication with the incident commander. They will not be used to perform the functions of inside security, which is the responsibility of the facility operator and security coordinator. If any person present at the event is injured or endangered, the incident commander will immediately take all necessary steps to provide assistance, regardless of the type of location or facility. When notified that a demonstration is to occur, incident commander will cooperate with persons in charge to the extent possible, balancing their right to free expression with the need to maintain public safety. The Legal Bureau should be contacted as soon as possible to assist in planning and arrange for response of a Department attorney if needed. The following factors will be considered in determining the suitability of a demonstration location: a. Time and date b. Volume of vehicular and pedestrian traffic c. Proximity of any other related or unrelated events d. Schools, hospitals, houses of worship, or large public or business facilities nearby e. Any other condition which may create a hazard or serious inconvenience to the public or participants. The Demonstration Observer Program established in cooperation with the Bar Association, City of New York permits properly identified observers free access through police lines at the scene of any demonstration. Observers will display prominently, on their outermost garment, a photo identification and a green armband bearing the inscription “Civilian Observer”. All members of the service will extend every courtesy and cooperation to observers. Observers shall be permitted to remain in any area, or observe any police activity, subject only to restrictions necessitated by personal safety factors, as determined by the incident commander. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 213-11 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 6 RELATED PROCEDURES Guidelines for the Use of Video/Photographic Equipment by Operational Personnel at Demonstrations (P.G. 212-71) Guidelines for Uniformed Members of the Service Conducting Investigations of Unlawful Political Activities (P.G. 212-72) Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Command Post Duties and Responsibilities (P.G. 213-14) Duties and Responsibilities at Special Events (P.G. 213-15) FORMS AND REPORTS Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-12 APPREHENSION PLAN DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 6 PURPOSE To deliver a programmed uniform and investigative response to an extremely serious crime such as the shooting of a police officer or an incident involving multiple homicides, where the crime occurred in the recent past and the perpetrators are not yet apprehended and are possibly in the vicinity of the crime. PROCEDURE When IMMEDIATE assistance is required at the scene of an extremely serious crime, as described above: UNIFORMED MEMBER 1. 2. 3. 4. 5. 6. 7. PATROL SUPERVISOR 8. 9. 10. 11. 12. NOTE Notify Communications Section upon arrival at the scene. Request the response of: a. FDNY - EMS b. Patrol supervisor Render reasonable aid to person(s) injured. Apprehend perpetrator, if possible. Secure crime scene. Transmit description, direction, and means of flight of perpetrators. Detain civilian witnesses. Respond immediately to scene. Activate a LEVEL 1 MOBILIZATION and perform duties as detailed in P.G. 213-03, “Rapid Mobilization.” Notify duty captain. a. Utilize telephone, if possible. Evaluate crime scene as secured by first responders and expand if necessary. a. Assign uniformed members of the service to secure inner and outer perimeter. Have injured members of the service, and those suffering trauma, removed to the hospital. a. Assign a non-involved uniformed member to escort each individual in need of medical attention. Uniformed members, not directly involved in a firearms discharge, who have responded to assist the involved members should remain at the scene to contribute to the investigation. Where possible, uniformed member and potential civilian witnesses who have sustained minor injuries should be immediately debriefed by a responding supervisor or detective before leaving the scene for treatment. Additional ambulances should be dispatched to the scene and staged at or near the scene to assist the aforementioned persons, as necessary. 13. 14. Obtain brief synopsis of incident from uniformed members on the scene. a. Keep members and potential civilian witnesses available for responding detectives. Establish firearms control, if necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-12 REVISION NUMBER: PAGE: 08/01/13 2 of 6 PATROL SUPERVISOR (continued) 15. 16. NOTE Command Post will initially be established in a patrol borough task force Command Post vehicle. Sufficient room should be made at the initial placement site for TARU’s Command Post and eventually, the Communications Section Command Post. 17. 18. 19. 20. 21. NOTE Re-transmit description, direction and means of flight of perpetrators. Establish Command Post. Request response of precinct detective squad. Coordinate search for perpetrators and expand search pattern as necessary. Assign uniformed members of the service to canvass license plates of vehicles in the area. a. Results of canvass will be delivered to responding detectives through the TARU/Detective Command Post. Establish press area, if appropriate. Assign a uniformed member of the service to record evidence recovered, person recovering, location and time of recovery. The responsibility of logging evidence may be transferred to the Detective Bureau Command Post, once established. RESPONDING DETECTIVES 22. Assign a uniformed member of the service to record the identities of responding members of the service, as well as personnel from the Fire Department, EMS, etc. a. Information will be delivered to the Command Post when established. 23. 24. 25. Interview initial responding uniformed members Canvass area, as necessary. Request response of Detective Bureau duty captain. DESK OFFICER 26. 27. Notify the following precinct personnel to respond (whether on or off-duty): a. Commanding officer b. Predetermined personnel as per command plan. Notify the following of situation: a. Patrol borough concerned b. Operations Unit. DUTY CAPTAIN 28. 29. Notify, and continually update, the Operations Unit. Activate “APPREHENSION PLAN” by telephone, if possible, or by Communications Section via Operations Unit. NOTE The duty captain need not be present at the scene to activate an APPREHENSION PLAN. Conferral with units on the scene, by radio or telephone, is sufficient to determine necessity of activation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-12 REVISION NUMBER: PAGE: 08/01/13 3 of 6 DUTY CAPTAIN (continued) 30. NOTE Ideally, the Command Post vehicles assigned (task force, TARU, Communications Section) should all be located together and approximately one block from the incident. The Mobilization Point can also be located at the same site. If necessary, the Mobilization Point can be further away to allow for the response of personnel. 31. 32. 33. 34. 35. Examine Mobilization Point and Command Post location for suitability. a. Change locations as necessary. Request response of duty inspector. Request the response of additional captain(s) as per the Patrol Services Bureau plan to staff hospitals, coordinate traffic, etc. Act as incident commander until relieved. Confer with Detective Bureau personnel and adjust crime scene to ensure integrity of evidence and enhance possibility of capturing perpetrators. Assign personnel, as soon as possible, to cover bridges, train and bus stations, airports, etc. if available information indicates need. RESPONDING CAPTAINS 36. Confer with Incident Commander and respond to required location(s), i.e. hospital, additional crime scene, etc. DETECTIVE BUREAU DUTY CAPTAIN 37. Respond to scene and assume command of investigative efforts. a. Establish investigative Command Post. DUTY INSPECTOR 38. Respond to scene and assume responsibilities of incident commander until relieved. a. Assume command and supervision of Patrol Services Bureau, Housing Bureau and Transit Bureau personnel, if relieved as incident commander. OPERATIONS UNIT 39. Activate APPREHENSION PLAN by activating a LEVEL 3 MOBILIZATION, if necessary. a. Exclude response of DECON truck. Notify duty chief to respond. 40. DUTY CHIEF 41. 42. 43. Respond to scene and assume overall command as incident commander. Conduct inter-bureau briefings every 30 minutes or as necessary. a. Update Operations Unit of results. Continue search for perpetrators for a reasonable time. a. Discontinue search when perpetrator is captured or when facts indicate further search would be fruitless. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-12 REVISION NUMBER: PAGE: 08/01/13 4 of 6 WHEN AN APPREHENSION PLAN IS ACTIVATED THE FOLLOWING COMMANDS WILL MAKE THE FOLLOWING NOTIFICATIONS: OPERATIONS UNIT 44. Notify the following additional units or personnel to respond: a. ESU, for response of captain or citywide supervisor, Apprehension Team and RMI truck b. SOD patrol canine with bloodhounds c. Harbor Launch, if search area is near waterway d. Traffic Management Center and request necessary personnel to respond, if available, to cover bus and taxi routes e. Detective Bureau f. Organized Crime Control Bureau g. Housing Bureau h. Transit Bureau i. Deputy Commissioner, Public Information j. Chief Surgeon and Employee Relations Section, if uniformed member of the service seriously injured k. Chief, Community Affairs l. Bordering police jurisdictions of facts, if incident near city line m. MISD - Computer Operations Response Autos. DETECTIVE BUREAU 45. Notify the following units or personnel to respond: a. Detective duty captain to respond to field command post to coordinate investigative activities b. Sufficient detectives to: (1) Evaluate crime scene and modify, if necessary (2) Check all buildings in immediate area for video surveillance cameras located inside or outside buildings (3) conduct canvasses, including hospitals (4) Interview complainants, witnesses, members involved, etc. (5) Establish detective Command Post and ensure that TARU Command Post is responding (6) Obtain background/intelligence information, e.g., BCI/ CARS/ BADS/ NITRO/ SPRINT, etc. (7) Utilize confidential informants (8) Interrogate suspects (9) Debrief prisoners in surrounding precincts (10) Conduct line-ups, show-ups, photo arrays, etc. (11) Secure and execute search warrants, if appropriate (12) Subpoena telephone records, if appropriate. c. Crime Scene Unit to locate, develop and collect evidence d. Major Case Squad to assist assigned detectives, as necessary e. Warrant Section to identify/execute warrants in immediate area of incident f. TARU to establish command post, photograph and videotape the crowd for identification purposes and obtain media photographs/ videotape, if appropriate g. Direct Organized Crime Control Bureau personnel, as appropriate. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-12 REVISION NUMBER: PAGE: 08/01/13 5 of 6 ORGANIZED CRIME CONTROL BUREAU 46. Field Operations Desk notifies the following personnel or units to respond: a. Bureau duty captain to respond to Field Command Post and coordinate activities of OCCB personnel in support of detective commander b. Borough NITRO Unit member to conduct background checks on persons/ locations c. Narcotics/Vice Enforcement borough concerned to assign a supervisor and module to: (1) Conduct enforcement in area of incident or adjoining narcotics/vice prone locations, including social clubs (2) Contact confidential informants for relevant information (3) Debrief prisoners for relevant information. d. Supervisor and module from OCID, if necessary to: (1) Obtain detailed information on organized crime figures, if required (2) Identify all informants for a particular precinct by code number and controlling member’s name. f. Supervisor and module from Joint Firearms Task Force, if necessary to gather information on weapons used and conduct appropriate enforcement activity. HOUSING BUREAU 47. Notify the following personnel and units to respond: a. Housing Bureau Captain/Supervisor to respond to Field Command Post to coordinate activities of Housing Bureau personnel b. Sufficient Housing Bureau personnel to patrol housing developments in general area of incident c. Housing Authority Emergency Services Unit to have a resident employee to respond if crime scene is located in a housing development or in close proximity. TRANSIT BUREAU 48. Notify the following personnel and units to respond: a. Transit Bureau captain/supervisor to respond to Field Command Post to coordinate activities of Transit Bureau personnel b. Direct sufficient personnel to cover primary transit stations in general area of incident c. Direct Transit Bureau vehicles to cover emergency exits/entrances from subway system in area of incident d. Direct personnel to the nearest transportation hubs to conduct enforcement activity. CHIEF OF TRANSPORTATION 49. Notify the following personnel and units to respond: a. Chief of Transportation captain/supervisor to respond to the field command post to coordinate activities of Chief of Transportation personnel b. Citywide Traffic Task Force to respond, if available, to cover bus and taxi routes. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 213-12 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 6 COMMAND POST PROCEDURES - The duty chief will be the overall Incident Commander and will coordinate the activities of the patrol and detective command posts. Each command post should exchange representatives, hold briefings every half hour and maintain a consolidated list of actions taken. The duty inspector and the Detective Bureau duty captain should also hold joint briefings with the incident commander every thirty minutes. CRIME SCENE - The size of the initial crime scene will depend on the circumstances. Initially, the crime scene should be very large. As time progresses and facts indicate, it may be reduced in size. a. If the incident occurred inside one room of a private home, apartment, small business premises, etc., the ENTIRE premises should be considered the crime scene. b. The crime scene should not be reduced in size or released without the approval of the Detective Bureau duty captain. c. If the crime scene is released before daylight, the Emergency Service Unit will ALWAYS be asked to respond back to the crime scene to perform a daylight search. INNER PERIMETER - Includes the crime scene, immediate area around the crime scene, and any area requiring the wearing of heavy vests. OUTER PERIMETER - The purpose of the outer perimeter is to attempt to apprehend perpetrators, identify witnesses, and prevent physical evidence from being inadvertently removed, e.g., garbage trucks collecting garbage, mail boxes, etc. The size of the outer perimeter will depend on the circumstances of the incident and will include potential escape routes. Initially, an outer perimeter of a four block area would not be considered unreasonable. Uniformed members of the service should be posted on this perimeter as well as apartment building lobbies in the immediate area of the crime. If assigned to outer perimeter or lobby, uniformed members assigned should interview person(s) leaving the area and, if possible, identify those persons. Lists of persons interviewed, including the time and date of interviews should be turned over to investigators through the TARU/Detective Bureau Command Post. VEHICLE PLATE CANVASS - Members assigned to plate canvasses should record the plate number, state of registration, make & model, location of the vehicle, and time of observation. Special note should be made of vehicles with warm engines. BUREAU PLANS - Each bureau and sub-unit should have a plan in place to deal with incidents as described in this directive. These plans should be simple procedures which allow for a rapid investigation and apprehension of persons responsible for such crimes. Each bureau/unit plan should include a list of key precinct/unit personnel designated to respond to these incidents to offer assistance and local expertise to the investigators. RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Unusual Occurrence Reports (P.G. 212-09) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-13 EMERGENCY PLANS “A” - “B” - “C” DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To expedite movement of traffic and reduce danger to persons or damage to property during adverse weather or street conditions. DEFINITION PLAN “A” - for hazardous road conditions caused by freezing rain, snow or ice. PLAN “B” -for dangerous street conditions caused by hurricanes, storms and floods. PLAN “C” - for traffic congestion and other conditions caused by unusually heavy traffic. PROCEDURE Upon receipt of FINEST message activating Plan “A” “B” or “C”: DESK OFFICER 1. 2. NOTE Patrol borough offices will coordinate the assignment of personnel to traffic posts when Plan “A” is implemented. During emergency periods, personnel assigned to borough task forces may be temporarily assigned to priority traffic posts, if necessary, with the approval of the patrol borough commander. 3. 4. 5. NOTE Notify commanding officer and other units located in same building. Make assignments of personnel in accordance with prioritized traffic post list maintained at the desk for each emergency plan or as conditions warrant. a. Give priority to school crossings during school hours b. Assign personnel to strategic locations to periodically report on prevalent conditions, if necessary. Assign personnel to survey parkways and expressways, to aid stranded motorists. Direct personnel on patrol and special emergency plan assignment to submit reports of occurrences and action taken, including recommendations. a. File reports in Log at desk. Notify patrol borough office initially and each hour thereafter of the following: a. Traffic conditions b. Detours established c. Intersections and traffic junctions covered d. Serious incidents or conditions e. Additional manpower or equipment required. Patrol borough office notifies Operations Unit direct via telephone. 6. 7. Direct that Department property be safeguarded against adverse weather conditions. Maintain special log at desk to record incidents which occur while the Emergency Plan is in effect and caption Log across a double page as follows: TIME 8. INCIDENT NOTIFICATION DISPOSITION TIME CORRECTED REMARKS Notify Operations Unit of persons in need of temporary shelter, emergency transportation, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-13 11. 12. 13. 14. ADDITIONAL DATA PAGE: 08/01/13 DESK OFFICER 9. (continued) 10. UNIFORMED MEMBER OF THE SERVICE REVISION NUMBER: 2 of 2 Ascertain that assignments are made according to Emergency Plan, and/or as appropriate, due to existing conditions. Survey conditions within command and record incidents and situations requiring further attention. Direct patrol supervisor to survey assigned area and report observations and recommendations. Contact command for possible reassignment upon learning of the activation of Emergency Plan. a. Remain at intersection if assigned to traffic duty. b. Remain on school crossing until completion, if so assigned. Continue to perform routine patrol duties unless on special assignment, and a. Keep intersections clear and traffic moving. b. Advise persons to safeguard property against high winds, floods, etc. c. Visit construction sites and advise person in charge to secure cranes, scaffolding, building material, etc. d. Remove portable traffic equipment from roadways, if required. e. Safeguard fallen electric wires and notify utility concerned and Emergency Service Unit. Report the following to the desk officer: a. Unusual or hazardous conditions b. Serious traffic congestion c. Slippery grades d. Dangerous bridge conditions e. Conditions requiring the attention of other agencies. Available patrol and traffic personnel will be utilized during activation of Emergency Plan “A”, “B” or “C”. Plan “A”, “B” or “C” may be activated by the Commanding Officer, Traffic Control Division or higher authority, on a citywide basis or within a borough as required. The Plans may also be implemented by a borough commander within the borough or any part thereof. When an Emergency Plan is activated or discontinued, the commanding officer authorizing such action will notify the Operations Unit. When any traffic related problem is observed, or information is received indicating such a problem, the radio dispatcher will be notified via radio or landline. Corrective action is to be taken by the members concerned. When a precinct commander determines that coverage of a previously established prioritized traffic post for Plan “A” is no longer warranted, or that a new location should be added, he will amend the post list accordingly and forward a revised copy to the patrol borough commander. The patrol borough commander shall endorse the revised post list and forward a copy to the Patrol Services Bureau and Commanding Officer, Traffic Control Division. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-15 DUTIES AND RESPONSIBILITIES AT SPECIAL EVENTS DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 5 PURPOSE To ensure the orderly passage of participants, the safety of spectators and the efficient rerouting of traffic at parades, demonstrations, and other large scale special events. DEFINITION INCIDENT COMMANDER - The highest ranking uniformed police supervisor responsible for the command, control and coordination of all incident operations. For planned events such as parades, demonstrations, and similar situations, the precinct commanding officer will ordinarily be designated as incident commander. If the event occurs in two or more commands within the same patrol borough, the patrol borough commander will be designated as incident commander, and in cases where the event affects more than one patrol borough, the Chief of Patrol will be designated as incident commander. PROCEDURE When commencing police operations at the scene of a special event: INCIDENT COMMANDER 1. 2. 3. 4. 5. NOTE Coordinate participation of the following agencies at all major special events: Fire Department, Department of Traffic, Department of Buildings, Department of Sanitation, Emergency Medical Service, and any other agencies deemed necessary. Request NYC Transit to post appropriate signage regarding all adjustments to bus and subway routes or schedules Inspect event location or parade route, including parade formation and dismissal areas. Divide entire area affected by event into sectors. Include the following in event sectors: a. Public transportation facilities located within and one block of these areas. b. Streets and avenues within formation and dismissal areas and public transportation facilities within one block of these areas. When practical, assign the same sector and unit commanders to the same event area or parade route at each succeeding event regardless of regular assignment. This will enable commanders to become familiar with all conditions within their sectors. 6. Designate location of main and sector command posts at appropriate points within event area or along parade route. a. Place command post near reviewing stands b. Designate parking area for official cars c. Notify Operations Unit of location and telephone number of main and sector command posts d. Comply with P.G. 213-01, “Command Post Operations.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-15 INCIDENT COMMANDER (continued) PAGE: 08/19/13 7. 8. 9. 10. 11. NOTE REVISION NUMBER: 2 of 6 Cause event area or parade route to be re-inspected twenty-four hours prior to event and note conditions requiring special attention or change in plans (e.g., construction detours, etc.). Direct precinct commanders, through whose commands the parade will pass to: a. Post temporary parking restriction signs sufficiently in advance of parade. b. Assign personnel to prevent parking along parade route, formation and dismissal areas, and if necessary, cross and parallel streets one block either side of route. Designate important cross streets as “through streets” for buses, fire apparatus, ambulances and other emergency vehicles and notify appropriate agencies of these designated locations. a. Exclude spectators for a distance of one hundred feet, from parade route on side streets which are bus, fire, ambulance and other emergency vehicle “through streets” and twenty-five feet on parade route from corners of such “through streets”. Assign members of the service to traffic duty at intersections along the route or in the vicinity of the event location and on blocks at either side, as necessary for control of vehicular traffic. Confer with Operations Unit prior to commencement of event regarding local or citywide conditions or incidents that may affect police operations. In cases in which the special event is a demonstration, information on expected street and sidewalk closings and information on how the public may access a demonstration site will be disseminated to the media and event organizers and should, if possible, be posted on the Department’s website. Officers assigned to such events should be given detailed instructions on such closings and points of access prior to assignment. Detail supervisors should also be advised of street closures and points of access and any changes of points of access which occur during the event and which were not previously anticipated and publicized. Officers assigned to such events shall provide information to the public at the event about available points of access. Barrier configuration for demonstrations should not unreasonably restrict access to, and participation in, the event. For example, attendees should be permitted to leave a barriered area at any time. In addition, if crowd conditions and other circumstances permit, participants should be permitted to leave and return to the same area. Sufficient openings in the barricades should be maintained for the purpose of permitting attendees to leave expeditiously and return to the event. Where the use of the Mounted Unit becomes necessary for crowd control purposes, incident commanders are reminded that if Mounted officers are deployed for such purposes, it is important to ensure that a crowd or group to be dispersed has sufficient avenues of egress available to them and has had a reasonable chance to disperse. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-15 SECTOR COMMANDER PAGE: 08/19/13 12. 13. 14. 15. 16. SUPERVISOR ASSIGNED REVISION NUMBER: 17. 18. 3 of 6 Report to main or sector command post within area of assignment as designated by the incident commander. If no sector command post is assigned, work out of main command post. Prior to the start of the event, survey assigned areas for any situation/condition that may present a potential hazard for marchers, spectators, the general public, or the police. a. Implement preventive measures to preclude bystanders from standing or climbing upon structures. b. Immediate remedial police action shall be taken to correct any unusual/hazardous condition, and the incident commander shall be notified immediately. c. Make command post log entry of results and actions taken. Assign personnel to: a. Prevent overcrowding on sidewalk and to keep a clear passageway along the building lines. b. Protect fire alarm boxes and other city property. Distribute DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) to each supervisor in charge of a post or detail of police officers Conduct roll call, utilizing subordinate supervisors to instruct all members assigned on: a. Nature of event. b. Past history of this event or others involving this location or organization. c. Importance of the team concept in successful event management. d. Mission of the team (traffic, escort, crowd management, etc.). e. Enforcement guidelines. f. Responsibility to take proper police action, regardless of assignment, whenever circumstances indicate life or property may be endangered. g. Post and sector boundaries. h. Location and telephone number of main and sector command post, precinct, arrest processing area, etc. i. Identification of incident commander, sector/unit commander in charge, and other key personnel. j. Radio frequencies to be utilized. k. Adjustments to bus or subway routes or schedules. Instruct members assigned to detail to prevent: a. Persons or organization from joining parade at other than formation area. b. Persons from crossing police lines after start of event. c. Spectators from standing near excavation or on top of walls, boxes, etc. d. Climbing on trees, poles or other structures. Comply with instructions on DETAIL ROSTER/ASSIGNMENT SHEET, record names of members assigned, and distribute form as indicated. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-15 SECTOR COMMANDER REVISION NUMBER: PAGE: 08/19/13 19. 20. 4 of 6 Place completed DETAIL ROSTER/ASSIGNMENT SHEETS inside front cover of command post log for ready reference during event. Ensure all supervisors are equipped with radios tuned to designated frequency. SECTOR COMMANDER FORMATION AREA 21. Transmit message via detail radio frequency before start of event to notify sector commanders to: a. Institute traffic detours. b. Exclude pedestrians from parade roadway. SECTOR COMMANDER 22. Halt parade contingents a minimum of one block before any emergency incident such as fire, collision, etc. a. Divert marching units into side street when necessary. b. Clear area affected of spectators. c. Keep command post informed of developments. Arrange to have parade resume as soon as conditions permit and upon direction of incident commander. Assign members to public transportation terminals and stations, as necessary. Permit persons and vehicles to cross parade route at intersections, during breaks in parade contingents, or as conditions warrant. Assign personnel to divert pedestrian traffic onto side streets if conditions on affected streets or sidewalks become too crowded. Anticipate impact of adjustments on crowd conditions and deploy personnel to manage and direct crowds as they develop. Prevent unauthorized maneuvers or exhibitions, which may cause large gaps between parade contingents. Monitor progress of parade through sector and correct any conditions impeding progress. Notify Operations Unit and main command post when: a. Parade enters and leaves sector. b. Any collision, arrest, incident or unusual situation occurs. Continuously survey assigned sector for conditions requiring police service or attention. Contact adjoining sector commanders ascertaining conditions in their sectors. Assemble and account for assigned personnel and equipment when event has ended and spectators leave. a. Notify incident commander of results. Dismiss personnel as directed by incident commander. a. Dismiss detail assigned to reviewing stand and official parking area only after dignitaries have left and conditions are normal. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. NOTE Incident commander must confer with Operations Unit prior to dismissal of detail personnel. The Operations Unit will grant permission only if conditions occurring elsewhere do not require response by personnel to be dismissed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-15 INCIDENT COMMANDER REVISION NUMBER: 08/19/13 35. 36. 5 of 6 File completed DETAIL ROSTER/ASSIGNMENT SHEETS at precinct of record after assignment is completed. Prepare and submit to patrol borough command a critique including, but not limited to, the following: a. Whether sufficient personnel and equipment were assigned (identify commands responsible for shortages and measures taken to ensure response). b. Any incident requiring particular police attention. c. Other problems encountered. d. Evaluation of police services rendered. e. Recommendations for policing this or similar events in the future and possible adjustment in personnel and equipment in subsequent similar parades. f. Overtime incurred by members assigned will be reported under the following headings: RANK NUMBER TOTAL HRS. O/T PATROL BOROUGH COMMANDER ADDITIONAL DATA PAGE: 37. TOTAL HRS PORTAL TO PORTAL Review and endorse critique submitted by sector commanders and forward through channels to Office of Chief of Department, Operations Division (Room 804-A). TEAM ASSIGNMENTS * SPECTATOR MANAGEMENT - Using courtesy, professionalism and respect towards the spectators viewing or participating in the event. * MOBILE RESPONSE - Allowing for a quick response of assigned members to another area of this event or another event elsewhere. * ENFORCEMENT DUTY - Required to implement appropriate arrest tactics or summons activity under the supervision of sergeants and lieutenants as enforcement teams or during preplanned or spontaneous arrest situations. * PROTECTING VULNERABLE, SENSITIVE OR CRITICAL LOCATIONS - Responsible for correctly identifying locations and providing security for designated areas. * ESCORT DUTY - Identify and provide a system of escorts for other service providers, protected persons or sensitive groups. * TRAFFIC DUTY - Identify borders of the event, assigning members to appropriate roadways to: a. Detour traffic around the area b. Facilitate use of alternate routes c. Prevent injury to pedestrians by creating a system of controlled crossings. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 213-15 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Policing Special Events/Crowd Control (P.G. 213-11) Command Post Duties and Responsibilities (P.G. 213-14) FORMS AND REPORTS DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) NEW YORK CITY POLICE DEPARTMENT 6 of 6 PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-16 RELOCATION OF VEHICLES DURING SPECIAL EVENTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To inform members of the service of the procedure to be followed when vehicles are relocated due to special events (i.e., Presidential visits, parades, or movie/TV productions, etc.) and to account for all vehicles relocated through proper documentation by utilizing the Tow Pound Information System (TOPIS). PROCEDURE Upon learning of a special event affecting patrol boroughs or precincts, in which vehicles need to be relocated PATROL BOROUGH COMMANDER 1. 2. 3. NOTE Establish a No Parking Detail to handle the removal of vehicles and the safeguarding of the affected route, if necessary. Confer with precinct commanding officer to ensure that vehicles relocated are accounted for and that the affected area is properly maintained. Confer with the Commanding Officer, Traffic Operations District and request necessary personnel and equipment (i.e., tow trucks and traffic enforcement agents, etc.). The number of personnel assigned to a No Parking Detail will be determined by the patrol borough commander/counterpart for large events (parades, Presidential visits, etc.) or the precinct commander for smaller events. COMMANDING 4. OFFICER, TRAFFIC OPERATIONS DISTRICT Determine necessary personnel and equipment needed and deploy personnel as per arranged schedule to assist the patrol borough/precinct commanding officer. 5. PRECINCT COMMANDING 6. OFFICER Assign a supervisor to coordinate the No Parking Detail. Ensure that “No Parking” signs are posted and that vehicles are accounted for, when relocated. NOTE Parking garages, hotels and businesses within the affected area must be notified that because of anticipated traffic congestion, vehicular access to and from their location may not be possible. SUPERVISOR ASSIGNED 7. NOTE Missing and/or damaged signs are to be replaced on subsequent tours, as necessary. The patrol supervisor on each subsequent tour is to survey the affected area at the beginning and end of each tour to ensure that “No Parking” signs are properly posted. Have “No Parking” signs posted at least two days prior to the start of an event. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 213-16 SUPERVISOR ASSIGNED (continued) REVISION NUMBER: PAGE: 08/01/13 8. 9. 2 of 3 Have vehicles relocated from the affected area. a. Ensure that tow operators have a sufficient number of Notice of Relocation (Misc. 4208) stickers. b. Make sure each vehicle relocated has a Notice of Relocation affixed to alert other NYPD or law enforcement personnel that the vehicle was relocated as a result of police action. Assign a uniformed member of the service to accompany each tow truck operator when a vehicle is removed and relocated. NOTE A vehicle bearing a handicap plate or Department of Transportation Special Vehicle Identification permit will be relocated as close as possible to its original spot. Every effort will be made to ensure that vehicles relocated are parked legally. Vehicles will not be double-parked, parked at a hydrant, bus stop, or crosswalk. UNIFORMED MEMBER OF THE SERVICE 10. 11. 12. 13. SUPERVISOR ASSIGNED 14. 15. 16. NOTE Verify that each VEHICLE RELOCATION REPORT is legible and contains a full description of the vehicle and damages, if any. Enter vehicle relocation information, via FINEST, for vehicles relocated into TOPIS, by using function 231, “Log-In Vehicle Street Relocation.” Forward a copy of the list of relocated vehicles to the field command post so that uniformed members of the service may inquire via radio as to the location of a relocated vehicle. Members of the service can access TOPIS through the FINEST by bringing up the shield and entering MIS; clearing the screen and entering “NTOW”(“NTOW” must be entered, in capital letters, for the TOPIS system to open up). Use code 23 at the main menu to access the Vehicle Relocation Function. Members of the service having any problems accessing TOPIS can call the MISD Help Desk. 17. 18. NOTE Accompany tow truck operator with vehicles to be relocated. Prepare and affix Notice of Relocation stickers on each vehicle moved. Prepare (print legibly) and provide the supervisor in charge with a completed copy of the VEHICLE RELOCATION REPORT. Verify that doors to all vehicles relocated are properly locked. Have “Vehicle Relocation Notice” signs posted indicating that vehicles were relocated from the affected area and that interested persons should contact the precinct concerned. Ensure that “No Parking” signs are removed upon completion of the event. The “Vehicle Relocation Notice” signs should remain in place for forty-eight hours before being removed. 19. Confer with precinct commanding officer regarding the overall operation, including critique and suggestions. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 213-16 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 ADDITIONAL DATA Since VEHICLE RELOCATION REPORTS contain additional information not captured by the TOPIS entry, these reports will be maintained for forty-five days, on a clipboard secured at the desk. After forty-five days, these reports should be discarded. Members of the service receiving a report of a stolen vehicle, in addition to following the applicable Patrol Guide procedures, will conduct a check via FINEST (through TOPIS) to confirm whether the vehicle has been towed as a result of an event requiring relocation of vehicles. FORMS AND REPORTS VEHICLE RELOCATION REPORT (PD571-155) Notice of Relocation (Misc. 4208) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-17 NOTIFICATIONS REGARDING TRAFFIC RELATED ACTIVITIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To ensure the proper collection, coordination, and dissemination of information about Department activities that might affect the movement of traffic (either vehicular or pedestrian). PROCEDURE Whenever police operations, whether planned or unplanned, may have an effect on the movement of vehicular or pedestrian traffic: FOR SCHEDULED EVENTS (E.G., DETAILS, CHECKPOINTS) SUPERVISOR IN CHARGE 1. As soon as the event is scheduled, notify the Traffic Management Center by telephone of all pertinent information, including: a. Date, time, and location of planned operation or event. b. Nature of operation. c. Command(s) participating. d. Supervisor in charge. e. Scope of anticipated or actual disruption. f. Anticipated length of event or operation. TRAFFIC MANAGEMENT CENTER 2. Compile information regarding scheduled events reported by commands in the form of a daily “Traffic Brief.” Send the “Traffic Brief” to the Operations Unit daily, via e-mail or facsimile machine. 3. FOR UNSCHEDULED EVENTS SUPERVISOR IN CHARGE 4. Notify the Operations Unit upon becoming aware of unscheduled police operations that may have an effect on the movement of traffic. OPERATIONS UNIT 5. Upon receiving notification of unscheduled police operations that may affect traffic movement, notify the Traffic Management Center. TRAFFIC MANAGEMENT CENTER 6. Upon receiving notification from Operations Unit, make appropriate notifications to units within the Chief of Transportation, and to other agencies as appropriate. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-18 CITYWIDE SECURITY ALERT LEVELS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 1. In light of the ongoing threat of terrorist attacks against the City of New York, the New York City Police Department has created “Citywide Security Alert Levels” similar to those used by the Federal Office of Homeland Security. These alert levels are discussed in detail in a newly published document to be distributed in book form. This book will replace the “Citywide Security Assessment Plan.” As such, with the publication and distribution of the new book, post assignments will no longer be referred to as ALPHA, BRAVO, GAMMA, OR OMEGA. The new alert levels are as follows: ALERT LEVEL Green Blue Yellow Orange Red RISK CONDITION Low Low Risk Of Terrorist Attacks Guarded General Risk Of Terrorist Attacks Elevated Significant Risk Of Terrorist Attacks High High Risk Of Terrorist Attacks Severe Severe Risk Of Terrorist Attacks Post assignments made in connection with these new alert levels shall be referred to by the appropriate color code. Commanding officers will ensure that all personnel are properly trained in the new system of alert levels. 2. The Deputy Commissioner, Counterterrorism has compiled into book form a series of responsibilities for various bureaus/commands, indicating actions to be taken under each security level. These books have been distributed to affected commands, through the appropriate bureau chiefs/deputy commissioners and will be maintained in the “Command Reference Library” as per Administrative Guide procedure 325-18. 3. The City of New York, which has been the target of terrorists four times in recent years, twice successfully, is currently at threat level “Orange.” Any changes in the threat level for the City of New York will be transmitted via a FINEST Message. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Mobilization/Emergency Incidents Procedure No: 213-19 INTEROPERABILITY CHANNELS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 1. There will be times during an emergency situation where it will be necessary for personnel from the New York City Fire Department to communicate directly with a New York City Police Department counterpart. Examples of emergency situations include, but are not limited to, terrorist attacks, major building collapses, and large structural fires. To facilitate this communication, a series of N.Y.P.D. interoperability radio channels are available. 2. In the event of such a situation, members of the New York City Fire Department, at the level of Battalion Chief and above, and Emergency Medical Service (EMS) Chief Officer, have been issued radios that are programmed with all interoperability frequencies. To activate the frequency, the F.D.N.Y. Incident Commander, or Emergency Medical Service, Chief Officer will notify the Fire Department Operations Center (FDOC), and request the activation of an interoperability frequency. The FDOC will then notify the N.Y.P.D. Communications Section and request activation. The Communications Section platoon commander will notify the Operations Unit, the Electronics Section, and the N.Y.P.D. Incident Commander on the scene. The Communications Section platoon commander will then activate the frequency concerned and assign a dispatcher to that position. Should the incident escalate and it is determined that a second frequency is required, an additional interoperability frequency will be utilized. When the need for interoperability capability ceases, the ranking members of each agency on the scene will notify the appropriate dispatcher to terminate. Should the situation be reversed, and the N.Y.P.D. Incident Commander determines that interoperability is needed, the procedure will mirror the above, whereby the N.Y.P.D. Incident Commander will make the request through the Communications Section dispatcher, who will then notify the platoon commander. The platoon commander will notify the Operations Unit, the Electronics Section and the FDOC. The Communications Section platoon commander will then activate the frequency concerned and assign a dispatcher to that position. In that case, the duty captain or above may request activation of the interoperability system. 3. In the event of a second incident, the Communications Section platoon commander may place both incidents on the same interoperability frequency. In such cases, the Incident Commanders shall name each incident so that they are clearly identifiable to the users on the channel. Listed below are the channels as programmed in the portable radios of captains and above. PRESENT CHANNELS CW I/O QNS I/O MAN I/O BRX I/O BRK I/O SI I/O NEW CHANNELS CW I/O (NYMAC1) CW I/O2 (NYMAC3) RW I/O (NYMAC2) (NYMAC4) (NYMAC5) (NYMAC6) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-01 "PADLOCK LAW" PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 9 PURPOSE To enforce provisions of the “Padlock Law” in regard to premises identified as public nuisances. SCOPE The “Padlock Law” authorizes the Police Department to commence a “Padlock Hearing Proceeding” when two or more separate arrest incidents for public nuisance offenses, resulting in one criminal conviction, have been made within a twelve month period prior to the commencement of such a proceeding. In addition, to indicate that the illegal activity is continuing, a triggering arrest should be made within thirty days prior to the issuance of the Notice of Hearing. Once all parties have been given notice and an opportunity to be heard at an administrative hearing, the “Padlock Law” authorizes the Police Commissioner to: a. Order the discontinuance of the illegal activity for up to one year, and/or b. Order the closing of the premises for up to one year. DEFINITIONS PUBLIC NUISANCE OFFENSES a. Any offense under: (1) Article 220, Penal Law - Controlled Substances Offenses (2) Article 221, Penal Law - Marijuana Offenses (3) Article 225, Penal Law - Gambling Offenses (4) Article 230, Penal Law - Prostitution Offenses (5) Article 240.45, Penal Law - Criminal Nuisance b. The following sections of law as they relate to “chop shops”: (1) Penal Law Sections 165.40 to 165.50 (inclusive) - Criminal Possession of Stolen Property (2) Penal Law Section 170.65 - Forgery Vehicle Identification Number (3) Penal Law Section 170.70 - Illegal Possession Vehicle Identification Plate (4) Vehicle and Traffic Law Section 415(a) - Auto Dismantlers c. Any violation of Alcohol Beverage Control Law relating to the sale, manufacture or trafficking of liquor, wine or beer. PREMISES - Any building, erection or place, excluding public areas such as streets, hallways, roofs. CLOSING ORDER - An order signed by the Police Commissioner that orders a premises closed for a period not to exceed one year. After this Closing Order becomes effective, any person (including the owner), wishing to gain entrance to the location must obtain the approval of the precinct desk officer. ORDER OF DISCONTINUANCE - An order signed by the Police Commissioner ordering the discontinuance of illegal activity at a premises. The premises may remain open to conduct legitimate business activity. However, if an arrest for a predicate padlock offense occurs inside the premises while the “Order of Discontinuance” is in effect, the premises is automatically closed for the remainder of the original one year period. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 214-01 DEFINITIONS (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 9 PADLOCK CLOSING ORDER (PD672-130) - A crack-and-peel version of the Police Commissioner’s Closing Order to be posted at premises. DISCONTINUANCE ORDER (PD672-132) - A crack-and-peel version of the Police Commissioner’s Order of Discontinuance to be posted at premises. PADLOCK IDENTIFICATION SHEET (MISC. 2128) - Form that must accompany a request by precinct commanders to add a premises to a Padlock target list. This form must include all information necessary to properly identify a location. ORGANIZED CRIME CONTROL BUREAU PADLOCK LOCATION INFORMATION SHEET - Form used by Organized Crime Control Bureau investigators that must contain all relevant identifying information concerning a location. A measuring wheel must be used to ascertain precise measurements of a location (measured from building line to the center of the location where the activity is taking place). PADLOCK LOGBOOK - A permanent bound record book with the following captions contained therein: a. Location b. Date c. Time d. Ranking officer’s signature e. Observations/remarks. TRIGGER ARREST - The arrest that “triggers” or initiates the “Padlock Hearing Proceeding.” This arrest is effected not more than thirty days prior to the commencement of the “Padlock Hearing Proceeding” and gives the Department the presumption of ongoing illegal activity at the location. TRIGGER ARREST FOLDER - Folder prepared by arrest team at the time of the trigger arrest. Folder must contain the following data: a. Organized Crime Control Bureau Padlock Location Information Sheet b. Photographs of location (exterior and interior) c. Copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) for each defendant arrested d. Sketch of location e. All reports prepared in connection with arrests including PROPERTY CLERK INVOICE (PD521-141). NOTE This folder must be hand delivered to the Organized Crime Control Bureau within seventy-two hours of trigger arrest. PADLOCK CONTROL NUMBER - A number assigned consecutively to target locations for tracking purposes. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-01 REVISION NUMBER: PAGE: 08/01/13 3 of 9 PROCEDURE When identifying target locations and effecting arrests for public nuisance offenses: OFFICE OF THE CHIEF OF DEPARTMENT 1. COMMANDING 2. OFFICER CONCERNED 3. NOTE Coordinate the identification of target locations and priorities. Identify all public nuisance premises within command. a. Maintain appropriate records of arrest activity occurring therein or emanating therefrom. Submit a list of new public nuisance premises to the Patrol Services Bureau (through channels) on or before the first day of each month. a. Include for each location: (1) A one year arrest history (2) Padlock Identification Sheet (Misc. 2128). The Padlock Identification Sheet must include all information to properly identify a location. 4. 5. Review monthly printouts of targeted premises and notify Organized Crime Control Bureau of status changes. Forward copies of ON LINE BOOKING SYSTEM ARREST WORKSHEET to Organized Crime Control Bureau for each arrest effected at public nuisance locations by command personnel. O.C.C.B. COMMANDER CONCERNED 6. 7. NOTE The arresting officer, investigating officer or supervisor most familiar with the target premises should prepare these documents. A measuring wheel must be used to ascertain accurate distances. When measuring a location, the measurement must be taken from the building line to the center of the location where the illegal activity is occurring. 8. Identify all public nuisance premises within command. Submit a list of public nuisance premises (through channels) to Organized Crime Control Bureau on or before the first day of each month including: a. A one year arrest history b. An Organized Crime Control Bureau Padlock Location Information Sheet c. Three exterior photographs (one left of, one right of, and one front of location). Determine whether target locations submitted by commanding officers are suitable for enforcement under the “Padlock Law” Program. IF LOCATION IS DETERMINED TO BE SUITABLE FOR ENFORCEMENT UNDER THE “PADLOCK LAW” PROGRAM O.C.C.B. COMMANDER CONCERNED 9. Submit documentation required in step 7, subdivisions “a,” “b,” and “c” above, within fifteen days. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-01 REVISION NUMBER: PAGE: 08/01/13 4 of 9 IF LOCATION IS DETERMINED NOT TO BE SUITABLE FOR ENFORCEMENT UNDER THE “PADLOCK LAW” PROGRAM O.C.C.B. COMMANDER CONCERNED 10. NOTE A location is considered not to be suitable if: a. Activity is occurring “outside of” or “in front of” premises (street condition), unless the premises is facilitating the activity, i.e., drugs are stored inside and sold on street. b. Activity occurring does not involve a predicate padlock offense. ORGANIZED CRIME CONTROL BUREAU 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. LEGAL BUREAU 23. Advise Organized Crime Control Bureau within fifteen days of the result of investigation and recommendation that location not be targeted under the “Padlock Law” Program. Review locations and conduct preliminary investigation to determine whether submitted locations are viable “Padlock Law” targets. Maintain a list of target locations that have been identified by commanding officers concerned. Establish and maintain statistical and informational data files relating to each premises designated as target locations. Monitor target locations and notify Legal Bureau when records reveal “triggering” arrest(s) at a target premises. Act as liaison for all bureaus concerned. Direct notifications to officers to attend hearings. Prepare monthly statistical reports. Distribute monthly printouts of targeted locations to Patrol Services Bureau for distribution to commanding officers concerned. Prepare “Trigger List.” Maintain a list of target locations including arrest and conviction data. Identify the owner, lessor, lessee(s), and mortgagee(s) of designated premises. Obtain arrest dispositions and report such dispositions to Organized Crime Control Bureau. Mail Notices Of Violation to owner(s) and lessee(s). WHEN AN ARREST IS EFFECTED FOR A PUBLIC NUISANCE OFFENSE AS THE DIRECT RESULT OF ILLEGAL ACTIVITY HAVING OCCURRED INSIDE A TARGETED PREMISES, ARRESTING OFFICER, O.C.C.B. 24. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET in triplicate. a. Clearly write “Padlock Target” across top front and notify assistant district attorney of same. b. Enter on line 10, “Specific Location of Occurrence,” the particular part of the premises where the illegal activity occurred, i.e., inside storefront (include name of store), inside apartment number, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-01 REVISION NUMBER: PAGE: 08/01/13 5 of 9 NOTE If arrest occurs outside the premises, but the activity that precipitated that arrest occurred inside the location, the arrest is applicable for “Padlock Law” enforcement. Indicate on line 10 of ON LINE BOOKING SYSTEM ARREST WORKSHEET that activity occurred inside location. Indicate on line 21 of ON LINE BOOKING SYSTEM ARREST WORKSHEET the exact location of arrest. ARRESTING OFFICER, O.C.C.B. (continued) 25. Forward a copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET to the Organized Crime Control Bureau. a. Indicate on top of WORKSHEET, “Padlock Law Violation.” WHEN A “TRIGGERING ARREST” IS MADE ARRESTING OFFICER, O.C.C.B. 26. NOTE Polaroid cameras may be used. Only clear photographs are acceptable. 27. NOTE Photograph the exterior of the premises, including: a. Any exterior signs b. All points of entrance/exit into the premises. Photograph the interior areas, including: a. Signs hanging on walls b. Merchandise on display c. Plexiglas windows d. All partitions. (For “Padlock Hearing Proceedings” purposes, photographs may, but need not, be taken of defendants). The front of the photographs will not be marked in any way. The back of the photographs will contain the photographer’s name, rank, type of camera/film used, address of location, date/time the photograph was taken and the Padlock Control #. 28. NOTE Prepare a sketch for presentation at a “Padlock Hearing Proceeding,” indicating: a. Dimensions of the interior of the location, including relative measurements of entrance b. Distance from doorway to countertop c. Size of countertop and Plexiglas d. Location of evidence seized e. Location of prisoners at the time of arrest f. Any other pertinent objects of information relative to the operation of the illegal enterprise. Sketches shall not contain any statements that draw legal conclusions. For example, sketches must not contain a statement that “cocaine” was seized from a particular place or that a sign on the wall is a “policy” sign. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-01 REVISION NUMBER: PAGE: 08/01/13 6 of 9 ARRESTING OFFICER, O.C.C.B. (continued) 29. NOTE When a “triggering arrest” is made, steps 26 through 29 must be performed by the arresting officer or, with permission of a supervisor, by another Organized Crime Control Bureau investigator assigned to the field team. O.C.C.B. COMMANDER CONCERNED 30. 31. Prepare Organized Crime Control Bureau Padlock Location Information Sheet. Forward copies of all reports prepared in connection with “Padlock Law” arrests to Organized Crime Control Bureau in a folder marked “Trigger Arrest,” including: a. Organized Crime Control Bureau Padlock Location Information Sheet b. Photographs of location (interior and exterior) c. Copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET for each person arrested d. Sketch of location e. PROPERTY CLERK INVOICE. Make a telephone notification to the Organized Crime Control Bureau, within twenty-four hours of the triggering arrest which must include the following information: a. Arrest number b. Arrest date c. Defendant’s name d. Arrest charges e. Arresting officer’s name f. Padlock Control Number. UPON DETERMINATION TO COMMENCE “PADLOCK HEARING PROCEEDING” NOTE Ensure that the “Trigger Arrest Folder” containing the data gathered in steps 26 through 30 is hand-delivered to the Organized Crime Control Bureau within seventy-two hours of the triggering arrest. ORGANIZED CRIME CONTROL BUREAU 32. Make telephone notification to Legal Bureau of “triggering arrest.” a. Forward “Trigger Arrest Folder” to Legal Bureau upon receipt. LEGAL BUREAU 33. Prepare and serve Notice Of Hearing on: a. Owner(s) b. Lessee(s) c. Mortgagee(s) of premises pursuant to “Padlock Law” Regulations. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-01 LEGAL BUREAU (continued) REVISION NUMBER: PAGE: 08/01/13 34. 35. 7 of 9 Forward copies of Notice Of Hearing to: a. Adjudication Section, Deputy Commissioner, Legal Matters b. Organized Crime Control Bureau c. Patrol Services Bureau for dissemination to appropriate individuals (e.g., precinct/transit district/P.S.A. commanders, community board district managers, community council, etc.). Represent Department at “Padlock Hearing Proceedings.” LEGAL BUREAU, PADLOCK HEARING OFFICER 36. NOTE Police Commissioner, upon recommendation of the Deputy Commissioner, Legal Matters, may issue an Order to DISCONTINUE ILLEGAL ACTIVITY and/or CLOSE PREMISES for a specified period not to exceed one year. LEGAL BUREAU 37. 38. NOTE Ensure that owner(s), lessee(s) and mortgagee(s) of the premises are served with a copy of the appropriate Police Commissioner’s Order. Forward copies of Police Commissioner’s Order to: a. Precinct commander for posting at premises and in “Padlock Log” (two copies of Order plus two crack-and-peel signs must be delivered to precinct) b. Organized Crime Control Bureau c. Patrol Services Bureau. The Legal Bureau will notify the precinct commander and all parties when an Order is revoked or modified prior to the expiration date indicated on the Order. COMMANDING 39. OFFICER TIME NOTE Conduct “Padlock Hearing Proceeding” in compliance with “Padlock Law” Regulations. a. Make recommendations to Police Commissioner (through Deputy Commissioner, Legal Matters). Establish a “Padlock Log,” utilizing a Department record book and allocating ten pages for each premises served with an Order captioned as follows: DATE RANKING OFFICER OBSERVATIONS/REMARKS A copy of the appropriate Police Commissioner’s Order will be affixed to the first page of each corresponding ten page section. 40. 41. 42. Direct supervisory officer to conspicuously post PADLOCK CLOSING ORDER (PD672-130) or DISCONTINUANCE ORDER (PD672-132) as appropriate, on premises. Enter fact that PADLOCK CLOSING ORDER or DISCONTINUANCE ORDER has been posted as first entry in “Padlock Log” for premises concerned. Notify Legal Bureau when PADLOCK CLOSING ORDER or DISCONTINUANCE ORDER is posted. a. Enter notification in Telephone Record. b. Make notification on next business day if Legal Bureau is closed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-01 NOTE REVISION NUMBER: PAGE: 08/01/13 8 of 9 The “Padlock Law” provides that the PADLOCK CLOSING ORDER or DISCONTINUANCE ORDER must be posted for five business days before being enforced. COMMANDING 43. OFFICER (continued) Direct supervisory officer to visit location every tour on the fifth business day after the PADLOCK CLOSING ORDER or DISCONTINUANCE ORDER is posted, and: a. Ascertain that appropriate ORDER is posted and not being violated. 44. Make entry in “Padlock Log” for each visit made. a. Indicate in “Remarks” column of “Padlock Log” whether PADLOCK CLOSING ORDER or DISCONTINUANCE ORDER is still posted. ASSIGNED SUPERVISOR IF VIOLATION OF THE PADLOCK CLOSING ORDER IS OBSERVED ASSIGNED SUPERVISOR 45. NOTE Removal or mutilation of PADLOCK CLOSING ORDER is a violation of the New York City Administrative Code, Section 10-156(g), which is an unclassified misdemeanor. Photographs and fingerprints should not be taken. 46. NOTE Ascertain if PADLOCK CLOSING ORDER is still posted. a. If not, obtain and post a new PADLOCK CLOSING ORDER. (1) PADLOCK CLOSING ORDERS and DISCONTINUANCE ORDERS are available from the Legal Bureau. Effect an arrest for violating a PADLOCK CLOSING ORDER and issue a Desk Appearance Ticket, if applicable, when: a. The PADLOCK CLOSING ORDER is conspicuously posted and persons are present in violation of the ORDER, OR b. The PADLOCK CLOSING ORDER has been removed and persons present are advised premises is “padlocked” and are directed to leave and refuse to do so. Caution should be exercised to avoid arresting persons who are legitimately in the premises (e.g., repairmen actually making repairs). However, these individuals must obtain permission from the precinct desk officer prior to entering location. IF VIOLATION OF DISCONTINUANCE ORDER IS SUSPECTED ASSIGNED SUPERVISOR 47. 48. 49. Immediately notify Organized Crime Control Bureau, Field Operations Desk, if illegal activity is suspected and an arrest can not be effected. Forward a copy of the ON LINE BOOKING SYSTEM ARREST WORKSHEET to the Organized Crime Control Bureau, when an arrest is effected in POSTED premises. a. Include information required by step 24 and following “NOTE.” Notify Organized Crime Control Bureau. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-01 REVISION NUMBER: PAGE: 08/01/13 9 of 9 COMMANDING 50. OFFICER CONCERNED Submit a report in quadruplicate each Monday for the previous Sunday to Saturday (inclusive) to Patrol Services Bureau (through channels) and indicate the following for each location: a. Number of visits made to premises b. Number of violations observed c. Number of summonses issued and/or arrests for violation of the Police Commissioner’s Order d. Any incidents, including arrests other than for violations of Police Commissioner’s Order e. Number of times necessary to repost PADLOCK CLOSING ORDER. LEGAL BUREAU 51. Notify Organized Crime Control Bureau when an Order of Discontinuance and/or a Bond is posted in regard to a premise. O.C.C.B. COMMANDER CONCERNED 52. Direct field units to visit periodically those premises where an Order of Discontinuance and/or Bonds have been posted. Submit a report monthly to Organized Crime Control Bureau and indicate the following for each location: a. Date and time of visit to premises b. Any incidents, and/or arrests at posted location. Immediately notify Legal Bureau if an arrest is effected in a posted location. 53. 54. PATROL SERVICES BUREAU 55. Consolidate reports received and forward to: a. Chief of Department b. Legal Bureau c. Organized Crime Control Bureau. RELATED PROCEDURE Invoicing Property - General Procedure (P.G. 218-01) FORMS AND REPORTS DISCONTINUANCE ORDER (PD672-132) DISCONTINUANCE ORDER POSTER (PD672-132) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PADLOCK CLOSING ORDER POSTER (PD672-130) PADLOCK CLOSING ORDER (PD672-130) PROPERTY CLERK INVOICE (PD521-141) Padlock Identification Sheet (Misc. 2128) Closing Order Notice Of Hearing Notice Of Violation Order of Discontinuance Organized Crime Control Bureau Padlock Location Information Sheet Trigger Arrest Folder NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-02 NARCOTICS EVICTION PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To initiate action in civil court towards identified narcotics operations in privately owned buildings, commercial establishments and rental apartments owned by the New York City Housing Authority. SCOPE The Narcotics Eviction Program involves a cooperative citywide effort between this Department and the respective District Attorney’s Office with a goal of evicting drug dealers from dwellings and commercial locations through the initiation of proceedings in civil court. In practice, all narcotics related arrests/seizures made inside locations, and effected by members assigned to the Organized Crime Control Bureau, are reviewed by the District Attorney’s Office for potential eviction proceedings. Incidents where there is a summary narcotics related arrest, or incidents of found narcotics/drug paraphernalia, found within a building by patrol personnel, requires the preparation of a precinct COMPLAINT REPORT (PD313-152). This report serves as a mechanism for follow up by the affected community beat officer. PROCEDURE When a uniformed member of the service, other than a member assigned to the Narcotics Division, effects an arrest for any narcotics related offense, or finds narcotics/drug paraphernalia within a building: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. COMMUNITY BEAT OFFICER 4. CONCERNED 5. COMMUNITY POLICING SUPERVISOR 6. 7. 8. Comply with appropriate Department procedures, prepare precinct COMPLAINT REPORT (PD313-152), in addition to any other required reports. Include in “Details” section of the COMPLAINT REPORT any information or observations that may indicate that a narcotics operation is involved. Review Community Policing Unit copy of the COMPLAINT REPORT when received. Determine if the presence of a narcotics operation is indicated, based on both the information contained on the COMPLAINT REPORT, and the officer’s knowledge of the beat (i.e., previous incidents, community complaints, etc.). Review incident with community policing unit supervisor if the circumstances indicate that a narcotics operation is present. Review facts and circumstances of incident. Determine if appropriate for inclusion into the Narcotics Eviction Program. Direct the concerned officer or designee to obtain all related information regarding the incident/location, if incident is determined to be appropriate for inclusion into the Narcotics Eviction Program. a. Include such items as copies of the COMPLAINT REPORT, ON LINE BOOKING SYSTEM WORKSHEET (PD244-159), PROPERTY CLERK INVOICE (PD521-141), community complaints, and any other information that would substantiate the determination and be supportive of civil action. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-02 COMMUNITY POLICING SUPERVISOR (continued) PAGE: 08/01/13 9. 10. NOTE REVISION NUMBER: 2 of 4 Package all related information and forward to the respective county District Attorney’s Office, Attention: Narcotics Eviction Program Coordinator. a. Include a short cover letter, briefly describing the incident and location, identity of tenant of record and/or subject, if known. Maintain file copies at the Community Policing Unit office for reference and future review. The Narcotics Eviction Program Coordinator, Office of the District Attorney, will determine if the facts substantiate action in civil court. Determination of building ownership, along with all notifications required by statute, will be effected by the District Attorney’s Office. Copies of all notification letters will be directed to the respective precinct Community Policing Unit for inclusion into the unit’s files. 11. COMMUNITY BEAT OFFICER CONCERNED 12. Advise Community Policing Unit supervisor, or Narcotics Eviction Program Coordinator, as appropriate, of any other incidents regarding either the building owner or the submitted location. Document information in the appropriate file. DIRECTOR, POLICE LABORATORY 13. Ensure that all found/investigatory controlled substances are maintained at the Police Laboratory or Property Clerk’s Office for a minimum of three months from the date of the incident. NOTE Requests for laboratory analysis pursuant to civil or criminal court proceedings will be effected by the District Attorney’s Office, and handled in the normal manner. When such request is made, the Police Laboratory will test up to felony weight, as applicable. COMMUNITY POLICING SUPERVISOR 14. 15. 16. Ensure that an effective liaison is maintained with the Narcotics Eviction Program Coordinator regarding ongoing efforts in this area. Maintain appropriate contact with concerned narcotics borough of the Organized Crime Control Bureau regarding locations involved in this initiative. Bring to the attention of the Precinct Management Team (PMT) appropriate efforts or initiatives relating to the Narcotics Eviction Program at the command. UNIFORMED MEMBER OF THE SERVICE 17. Respond to all narcotics eviction related cases, including civil and criminal court, or District Attorney’s Office for case preparation, as directed and notified by the Appearance Control Unit. COMMUNITY BEAT/SECTOR OFFICER 18. Contact the Narcotics Eviction Program Coordinator if any observations indicate renewed illicit activity when an eviction order has been obtained or the subject premise has been otherwise vacated. NOTE In instances such as described above, community beat officers should establish liaison with the building owner/tenant group and emphasize the common goal of placing a desirable tenant in the location. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-02 COMMANDING OFFICER/ COUNTERPART ADDITIONAL DATA REVISION NUMBER: PAGE: 08/01/13 19. 20. 3 of 4 Include initiatives taken towards these locations as a topic for Precinct Management Team (PMT) meetings as appropriate. Ensure that there is both an effective information exchange and cohesive effort between precinct and Organized Crime Control Bureau Narcotics Division personnel as it relates to this effort. When considering the circumstances of an incident, it should be noted that an eviction can be brought upon direct or circumstantial evidence that the premise is used for an illegal narcotic business. EXAMPLES OF DIRECT EVIDENCE include: a. Observations of the direct sale of narcotics, OR b. Inculpatory statements by occupants regarding the sale of narcotics. EXAMPLES OF CIRCUMSTANTIAL EVIDENCE, which supports most eviction proceedings, include: a. Recovery of an amount of narcotics inconsistent with personal use (typically 1/8 of an ounce or more) OR, b. Recovery of cutting agents, scales, strainers, pestles, empty or new glassine envelopes or vials, plastic bags, rubber stamps, drug records, and other items associated with the preparation, manufacture, packaging, or storage of narcotics. Recovery of evidence that lacks indications of a business operation, and is more consistent with mere personal use of narcotics, would not support an eviction and should not be forwarded to the District Attorney’s Office. Cases that pertain to narcotics activity outside of homes and stores (i.e., stairwells, hallways, street, etc.) would not support action unless there is evidence linking the activity to interior premises. Questions regarding this area may be directed to the respective District Attorney’s Office. The addresses of the respective county District Attorney’s Narcotics Eviction Program Coordinators are as follows: District Attorney County of New York 1 Hogan Place Special Projects Bureau New York, NY 10013 District Attorney Bronx County 215 East 161st Street Room 3DA - 11 Bronx, NY 10451 District Attorney Kings County 210 Joralemon Street Room 610 Brooklyn, NY 11201 District Attorney Queens County 125-01 Queens Blvd. Civil Enforcement Bureau Kew Gardens, NY 11415 District Attorney Richmond County 36 Richmond Terrace Staten Island, NY 10301 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 214-02 FORMS AND REPORTS DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT 4 of 4 PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-03 GRAFFITI REWARD PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To reward individuals whose reports of acts of graffiti vandalism in progress result in arrests by members of this Department. SCOPE Administrative Code section 10-117.2 authorizes the Mayor, upon recommendation of the Police Commissioner, to pay a reward of up to five hundred dollars for “information leading to the apprehension, prosecution or conviction of any person(s)” who violate the Administrative Code provisions regarding graffiti vandalism. PROCEDURE When an individual reports an act of graffiti vandalism in progress to the Department: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. DESK OFFICER 5. 6. SPECIAL OPERATIONS LIEUTENANT COMMANDING OFFICER, CITYWIDE VANDALS TASK FORCE 7. 8. 9. 10. Respond to report of graffiti vandalism and arrest violator if still present. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A), and, if applicable, comply with normal arrest processing procedures. Take digital photographs of graffiti vandalism for forwarding to the Citywide Vandals Task Force for database entry. Immediately notify the Citywide Vandals Task Force to respond for prisoner debriefing in all graffiti arrest cases. a. Obtain a log number from the Citywide Vandals Task Force member and enter it in the “Notifications” caption of the COMPLAINT REPORT WORKSHEET. Verify response of Citywide Vandals Task Force personnel for prisoner debriefing. a. Ensure uniformed member of the service complies with steps “2”, “3”, and “4”, above. Obtain a copy of arrest paperwork, attach a copy of the SPRINT printout of job, if arrest was made as a result of a radio run, and forward as follows: a. Commanding officer/executive officer b. Special operations lieutenant c. Commanding Officer, Citywide Vandals Task Force. Ensure uniformed members of the service comply with the provisions of this procedure. Maintain a file of arrest paperwork for arrests made pursuant to the Graffiti Reward Program. Maintain the Graffiti Reward Program file and database of all reward recipients and pending cases. Attend Graffiti Reward Program Board meetings, chaired by the Executive Officer, Office of the Chief of Department, and a representative from the New York City Police Foundation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-03 COMMANDING OFFICER, CITYWIDE VANDALS TASK FORCE (continued) PAGE: 08/01/13 11. 12. 13. 14. EXECUTIVE OFFICER, OFFICE OF THE CHIEF OF DEPARTMENT ADDITIONAL DATA REVISION NUMBER: 2 of 2 Maintain the Graffiti Reward Program bank account and issue all reward checks after approval by the Graffiti Reward Program Board. Assign Citywide Vandals Task Force personnel to deliver reward payments. a. Ensure all reward payments are delivered and receipted for. Comply with directions received from the Director, Audits and Accounts Unit pertaining to audits. Convene and chair Graffiti Reward Program Board meetings with the Commanding Officer, Citywide Vandals Task Force, and a representative from the New York City Police Foundation. ELIGIBILITY No police officer, peace officer, any other law enforcement officer, or other city employees acting within their official capacities are entitled, directly or indirectly, to collect or receive any reward under this program. OPERATIONAL CONSIDERATIONS In all cases where an individual may be eligible for a reward under the Graffiti Reward Program, the Citywide Vandals Task Force must be notified, and a copy of all arrest paperwork will be sent to the Commanding Officer, Citywide Vandals Task Force. FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-05 SELECTION AND UTILIZATION OF AUXILIARY POLICE OFFICER VOLUNTEERS AS UNDERCOVERS FOR “QUALITY OF LIFE” ENFORCEMENT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To establish guidelines for the utilization of auxiliary police volunteers as undercovers for “Quality of Life” enforcement, i.e., Alcohol Beverage Control Law, sale of box cutters, sale of spray paint cans/broad tip markers, etc. SCOPE A volunteer auxiliary police officer is eligible to participate in enforcement as an undercover if his/her age is within the limits specified by the statute of law being enforced. Auxiliary police officers will be considered eligible for these assignments ONLY upon the recommendation of their precinct’s special operations lieutenant and after receiving proper training by the borough Vice Module and the Auxiliary Police Section. PROCEDURE When considering an auxiliary police officer volunteer for possible use as an undercover in a “Quality of Life” enforcement effort: SUPERVISOR OF BOROUGH VICE MODULE/ PRECINCT CONDITIONS UNIT 1. NOTE Only auxiliary police officers who are on the list may be utilized as undercovers for “Quality of Life” operations. There are no exceptions. An auxiliary police officer notified for assignment and reporting to the precinct shall receive a minimum of four hours of credited time regardless of the actual extent of the operation. 2. Contact borough auxiliary police coordinator. a. Each coordinator maintains a list of the names, dates of birth, and telephone numbers of auxiliary police officers who are eligible for assignment. It is the responsibility of the borough Vice Module or precinct special operations lieutenant to determine whether the volunteer auxiliary police officer is within the age limitation of the “Quality of Life” statute being enforced and confirm reporting location, time and dress code. Each auxiliary police volunteer will report to his/her precinct unit or resident precinct, for pick-up by borough Vice Module or precinct conditions unit and returned to that location upon completion of tour. b. Volunteer auxiliary police officers will never be utilized for undercover operations involving prostitution and/or narcotics enforcement. c. Volunteer auxiliary police officers utilized in undercover capacity will not operate in resident or assigned precinct. Ensure the auxiliary police officer volunteer has received the training course conducted by the Narcotics Division, and training in safety, tactics and integrity conducted by the auxiliary police section, and has signed the required affidavits at the appropriate time if the “Quality of Life” enforcement concerns underage drinking. a. Ensure a signed parental consent form is obtained if the volunteer auxiliary police officer is under the age of eighteen. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-05 SUPERVISOR OF BOROUGH VICE MODULE/ PRECINCT CONDITIONS UNIT (continued) PAGE: 08/01/13 3. 4. 5. 6. 7. 8. 9. BOROUGH AUXILIARY COORDINATOR REVISION NUMBER: 10. 11. 12. 2 of 3 Ensure that the auxiliary police officer volunteer is within the age limits specified by the statute of law being enforced. a. Auxiliary police officers under eighteen years of age may be trained, however, they will not be utilized until they reach eighteen years of age. Prohibit the auxiliary police volunteer from performing an undercover operation in either their precinct of assignment or precinct of residence. Prepare an Auxiliary Police Roll Call APS #10, for the auxiliary volunteer to sign in upon pick-up as “On Duty” and for signing out when dropped off at the end of his/her tour. a. The Original APS #10 is to be forwarded to the borough auxiliary coordinator and a copy to the auxiliary coordinator of the precinct to which the auxiliary police volunteer is assigned, via Department mail. (Refer to Auxiliary Guide procedures 6-7, attachment “A,” for sample forms). Prepare a recapitulation of the enforcement activity. The conditions supervisor will forward a copy of this recapitulation to the borough auxiliary police coordinator; the vice supervisor forwards one to the Narcotics Division. Interview auxiliary police volunteer prior to undercover operation. a. Ensure that the auxiliary police volunteer is thoroughly briefed as to all aspects of operation. b. Take a Polaroid photograph of auxiliary police volunteer on day of enforcement along with a photocopy of the volunteer’s Auxiliary Police Identification Card (Misc. 3948). Both items will be filed in the arrest folder of defendant(s) apprehended. Observe undercover at all times during the operation. a. Witnessing officer MUST observe the violation of the “Quality of Life” statute being enforced. Comply with P.G. 216-13, “Line of Duty Injury or Death – Auxiliary Police Officers,” in the event the auxiliary volunteer is injured or killed during the course of an undercover operation. Update approved list of auxiliary police volunteers semi-annually on the 5th day of January and July based on the recommendation of the precinct Special Operations Lieutenant and completion of appropriate training. a. Forward copy of list to the Commanding Officer, Auxiliary Police Section, and Commanding Officer, Narcotics Division. Ensure that each auxiliary police officer volunteer receives the proper training course regarding safety, tactics and integrity conducted by the Narcotics Division. Prepare and forward monthly enforcement recapitulation to Auxiliary Police Section by the tenth day of the month for the preceding month’s operation(s). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-05 REVISION NUMBER: PAGE: 08/01/13 COMMANDING 13. OFFICER, BOROUGH VICE MODULE 14. 3 of 3 Forward “MONTHLY RECAPITULATION OF AUXILIARY POLICE UTILIZATION IN UNDERAGE DRINKING ENFORCEMENT REPORT” to the Commanding Officer, Auxiliary Police Section by the 10th day of the month, for the preceding month (see Auxiliary Guide procedures 6-7, attachments “B” or “C”, for sample form). Confer with the borough auxiliary coordinator and the Auxiliary Police Section, Training Unit as the pool of trained auxiliary police volunteers begins to diminish. a. Request recruitment of new volunteers and arrange for their training with the Narcotics Division. NOTE Commanding officer, borough Vice Module will make every reasonable effort to ensure an auxiliary’s undercover duties and subsequent court appearances do not conflict with the auxiliary’s school or work schedule. PRECINCT SPECIAL OPERATIONS LIEUTENANT 15. 16. 17. 18. 19. 20. 21. RELATED PROCEDURES Direct the precinct’s auxiliary coordinator to identify, by personnel data records and conferral with Auxiliary Police Section, those auxiliary police officers over eighteen and less than twenty years and six months of age for possible assignment. Interview the prospective auxiliary police volunteer to determine suitability for this particular type of assignment. Make selection of suitable auxiliary police volunteers based upon member’s maturity, background, ability to make sound judgments, communication skills and demeanor. Advise auxiliary police volunteer, prior to recruitment and during training, that he/she may be subpoenaed by the defendant to testify in criminal court or in a State Liquor Authority hearing. Direct that the precinct auxiliary coordinator forward to the borough auxiliary coordinator and Auxiliary Police Section, Training Unit a list of selected auxiliary volunteers recommended for this assignment, semiannually (by the 5th day of January and July). Notify the borough auxiliary police coordinator, Narcotics Division, and Auxiliary Police Section immediately, to remove an auxiliary police volunteer from this list, if their status changes, (i.e., age, suspended, arrested, leave of absence, dismissal, etc). Prepare and forward report to the borough auxiliary coordinator after each operation in which an auxiliary police officer is used as an undercover. a. Include officer’s identity, unit, number of purchases attempted, number of purchases made, number of summonses issued, and any comments relative to the officer’s performance as an undercover. Line of Duty Injury or Death – Auxiliary Police Officers (P.G. 216-13) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-06 OPERATIONAL GUIDELINES FOR HOMELESS OUTREACH UNIT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To create and implement strategies for dealing with the homeless population of New York City. PROCEDURE To introduce homeless persons to the myriad services available to them within the City of New York and to assist them in gaining access to those services, uniformed members of the service assigned to the Homeless Outreach Unit will operate under the following guidelines: COMMANDING 1. OFFICER, HOMELESS OUTREACH UNIT NOTE Designate operational zones within each patrol borough to allow for a concentrated effort within a limited geographical area for a fixed period of time. Information provided by borough commanders, commanding officers, Department of Homeless Services, community boards and service providers, as well as observations made by members of the Unit, would be considered when determining target areas. 2. 3. 4. SUPERVISOR, HOMELESS OUTREACH UNIT 5. 6. 7. Evaluate effectiveness of Homeless Outreach Unit operations constantly. a. Adjust target zones as necessary. Schedule supervisory officers to ensure that at least one supervisor is assigned on every tour. Schedule uniformed members of the service with the aim of deploying three vans on every tour. Select operational locations within the target zone on a daily basis. Assign each van to a location within the target zone. a. Designate one van as a “Response Unit” to handle calls for assistance from field units. Designate an area within the confines of the operational area where the van will be secured. NOTE A minimum of two police officers, each equipped with a portable radio, will be assigned to staff each van. One officer will monitor the Citywide/Special Operations Division frequency while the other officer will monitor the division frequency in which outreach operations are being conducted. UNIFORMED MEMBER OF THE SERVICE 8. 9. Interview consenting homeless persons only and assess their condition to determine the services which they require. a. If homeless person is identified as a client of the Department of Homeless Services or other service provider, that agency will be contacted to respond, if available, in order to continue outreach efforts. Advise homeless persons of services available to them. a. Offer transportation to facilities where such services can be obtained. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-06 UNIFORMED MEMBER OF THE SERVICE (continued) 10. 12. 2 of 3 Escort homeless persons who accept offer of assistance to Homeless Outreach Unit van. a. Transport such persons to city shelter or other location depending on: (1) Type of assistance needed (2) Time of day (3) Availability of service provider, etc. Document each contact with a homeless person on CONTACT INFORMATION SHEET (PD 304-140). a. Indicate whether or not offer of services was accepted. Request response of Homeless Outreach Unit supervisor in the following situations: a. Emotionally Disturbed Person (EDP): If homeless person encountered appears to be mentally ill or temporarily deranged and is conducting him/herself in a manner in which the uniformed member reasonably believes is likely to result in serious injury to him/herself or others. (1) Comply with the provisions of P.G. 216-05, “Mentally Ill or Emotionally Disturbed Persons.” b. Acute Medical Condition: If homeless person encountered is suffering from an acute medical condition, request response of an ambulance, in addition to the Homeless Outreach Unit supervisor, and comply with the provisions of P.G. 216-01, “Aided Cases General Procedure.” c. Intoxicated: If intoxicated homeless person is encountered, the homeless person may be removed only to an alcohol detoxification center upon their consent. If the homeless person’s intoxication leads the Homeless Outreach Unit members on the scene to reasonably believe that the person’s intoxication is likely to result in serious injury to him/herself or others, P.G. 216-05, “Mentally Ill or Emotionally Disturbed Persons” will be complied with. d. e. NOTE PAGE: 08/01/13 11. NOTE REVISION NUMBER: Repeated Encounters: Homeless persons who refuse services after repeated encounters should be referred to Department of Homeless Services personnel. Arrest or Summons: If homeless person encountered appears physically and mentally normal but violates the law, including repeated minor infractions, enforcement action will be taken and the Homeless Outreach Unit supervisor will respond to all such incidents that result in an arrest or the issuance of a summons. A homeless person who is apparently physically and mentally normal and who refuses services is free to either leave or remain at a location. In the event that a Homeless Outreach Unit supervisor is unavailable, an Emergency Service Unit supervisor will be requested to respond via the Citywide/Special Operations Division radio frequency. If an Emergency Service Unit supervisor is unavailable, a patrol supervisor will be requested to respond from the precinct where the outreach operations are being conducted. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 214-06 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 Homeless Outreach Unit personnel will provide information and training to command personnel regarding services available to the homeless, as well as strategies and tactics for dealing with homeless persons. The Homeless Outreach Unit Office is located at 370 Jay Street, Room 513, Brooklyn, New York, and normal hours of operation are 0700 to 2400 hours, seven days per week. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) FORMS AND REPORTS CONTACT INFORMATION SHEET (PD304-140) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-07 CASES FOR LEGAL ACTION PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure that all New York City Public Housing residents who are arrested pursuant to the execution of a search warrant where contraband is recovered or arrested for a designated crime committed on the grounds of any New York City Public Housing Development are targeted for possible eviction proceedings under the “Cases for Legal Action” (CFLA) Program. DEFINITION The warrants and designated crimes for which a New York City Public Housing resident is arrested, and subsequently can be targeted for possible eviction proceedings under the CFLA program, are classified as follows: • (Category I) – All residents arrested as the result of a search warrant where contraband is recovered. • (Category II) – All residents arrested for a felony narcotics related charge including those related to marijuana. • (Category III) – All residents charged with one or more of the following charges: a. Murder 1st, 2nd or attempt b. Rape 1st or attempt c. Robbery 1st or 2nd d. Assault 1st e. Burglary 1st f. Arson 1st , 2nd or 3rd g. Criminal Sexual Act 1st or attempt h. Course of Sexual Conduct Against a Child 1st or attempt i. Aggravated Sexual Abuse 1st or attempt j. All firearms offenses listed in Article 265 of the N.Y.S. Penal Law. • (Category IV) – Any other case deemed appropriate by a Commanding Officer after conferral with the CFLA coordinator and with the approval of the Chief of Housing Bureau. PROCEDURE Whenever any uniformed member of the service (e.g. Organized Crime Control Bureau or Detective Bureau) effects an arrest of a New York City Public Housing resident sixteen years or older pursuant to the execution of a search warrant where contraband is recovered or for the commission of a designated crime committed on the grounds of any New York City Public Housing Development, the following procedure will be complied with: NOTE For the purposes of this procedure it should be noted that a resident of public housing can still be subject to the provisions of this program even though: • the resident is not arrested or present at the time the search warrant is executed, or • the “triggering incident” (i.e., arrest pursuant to the execution of a search warrant where contraband is recovered or arrest for a designated crime) occurs in a housing development other than the one in which the resident lives. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-07 UNIFORMED MEMBER OF THE SERVICE REVISION NUMBER: PAGE: 08/01/13 1. 2. 2 of 2 Upon arresting a New York City Housing Authority (NYCHA) resident pursuant to the execution of a search warrant where contraband is recovered or for a designated crime as defined in this procedure, prepare a CFLA package consisting of the following documents: a. CASES FOR LEGAL ACTION COVER SHEET (PD149-090) b. Copy of computer generated ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) c. Copy of computer generated COMPLAINT REPORT (PD313-152) d. Copy of PROPERTY CLERK INVOICE (PD521-141), when prepared e. Copy of REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168), when prepared f. Copy of NYCHA Trespass Notice, when prepared g. Copy of Search Warrant (not the application for a search warrant), when applicable. Forward completed CFLA package to the arresting officer’s commanding officer/designee. NOTE Arresting officers will redact any information which may indicate the identity of a confidential informant, a juvenile (other than Juvenile Offender), victim of a sex crime or any other sealed records or confidential information required by law. COMMANDING OFFICER/ DESIGNEE 3. 4. 5. Verify a CFLA package has been prepared for all qualified arrests. Ensure completeness of CFLA packages. Forward CFLA packages daily to the Housing Bureau Special Operations Section, 2768 Eighth Avenue, Room 507, New York, New York, 10013, Attention: CFLA Coordinator. CFLA COORDINATOR 6. Review packages for completeness and ensure information is redacted, as necessary. Identify cases eligible for the Housing Authority’s Expedited Eviction Program. Process and forward CFLA packages to the New York City Housing Authority daily to initiate proceedings. 7. 8. RELATED PROCEDURES Duplicate Copies of Complaint Reports (P.G. 207-05) Preliminary Investigation of Vice, Narcotics or Organized Crime-Related Complaints (P.G. 207-08) Search Warrant Applications (P.G. 212-75) Narcotics Eviction Program (P.G. 214-02) FORMS AND REPORTS CASES FOR LEGAL ACTION COVER SHEET (PD149-090) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-08 CHRONIC ABUSER ALARM PROCEDURES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To save manpower by reducing police response to locations when three or more alarms, within a three month period, were determined to be unnecessary/unfounded. PROCEDURE Upon response to a radio code signal 10-11 (Alarm Condition) and investigation discloses transmission of alarm was unnecessary or unfounded: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Person Qualified to Accept Service of a NOTICE OF UNNECESSARY ALARM owner, corporate officer, manager, and supervisor, or in their absence, adult employee of firm or adult resident of premises. 2. 3. 4. Prepare NOTICE OF UNNECESSARY ALARM (PD310-120), enter name of person served and complete appropriate captions. Serve original copy of NOTICE OF UNNECESSARY ALARM to person qualified to accept service. Report disposition (code signal 10-90N - Notice Served - Unnecessary/ Unfounded Alarm) to Communications Section. Deliver remaining copies of NOTICE OF UNNECESSARY ALARM to desk officer for Crime Prevention Officer. PERSON QUALIFIED TO ACCEPT SERVICE UNNECESSARY ALARM NOT PRESENT: UNIFORMED MEMBER OF THE SERVICE 5. 6. 7. NOTE OF NOTICE OF Prepare NOTICE OF UNNECESSARY ALARM and place original in mailbox or under door. Report disposition (code signal 10-90N - Notice Served - Unnecessary/ Unfounded Alarm) to Communications Section. Check box “DOOR SERVICE” on remaining copies of NOTICE OF UNNECESSARY ALARM and deliver to desk officer for Crime Prevention Officer. A NOTICE OF UNNECESSARY ALARM must be served for an unnecessary/unfounded alarm including an alarm caused by user error. UNABLE TO SERVE NOTICE OF UNNECESSARY ALARM (DEFERRED SERVICE): UNIFORMED MEMBER OF THE SERVICE 8. 9. 10. Prepare NOTICE OF UNNECESSARY ALARM (Deferred Service) when qualified person not present or NOTICE cannot be placed in mailbox or under door. Report disposition (code signal 10-90N3 - Deferred Service) to Communications Section. Deliver all copies of NOTICE OF UNNECESSARY ALARM to desk officer for deferred service by Crime Prevention Officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-08 REVISION NUMBER: PAGE: 08/01/13 CRIME PREVENTION OFFICER 11. NOTE No NOTICE is to be served to a premise where a crime was committed. 12. 13. NOTE Inspect previous COMPLAINT REPORT (PD313-152) locations prior to having NOTICE OF UNNECESSARY ALARM (Deferred Service) delivered to premises, on next business day, to guard against improper service. Direct member making delivery to complete “Deferred Service” section of NOTICE OF UNNECESSARY ALARM. a. Serve original copy of NOTICE to person qualified to accept service, or b. Place original copy in mailbox or under door, if necessary, and check box “DOOR SERVICE” on remaining copies. Have remaining copies of NOTICE OF UNNECESSARY ALARM delivered to desk officer. If investigation discloses evidence of a crime or attempted crime when a NOTICE OF UNNECESSARY ALARM (Deferred Service) is delivered to a qualified person or “door service” has been effected, uniformed member of the service making the delivery will prepare COMPLAINT REPORT WORKSHEET (PD313-152a), if appropriate, and complete “Revised Disposition” section of NOTICE OF UNNECESSARY ALARM. 14. 15. 16. NOTE 2 of 4 Prepare and place an additional copy of NOTICE OF UNNECESSARY ALARM, for all “door service” cases in an envelope addressed to owner or manager, and forward via next Department mail to Mail and Distribution Unit, Police Headquarters, for postage mailing and indicate date forwarded on precinct copy of NOTICE. Maintain NOTICE OF UNNECESSARY ALARMS master file in precinct for all: a. Personally served NOTICES b. “Door service” NOTICES c. “Deferred Service” NOTICES d. “Revised Disposition” NOTICES e. Executed “Termination” NOTICES. Obtain “Abuser Alarm Location Notification” (Notice Memo) from FINEST printer each day. The Management Information System Division (MISD) forwards the “Abuser Alarm Location Notification” listing to each command daily. 17. 18. Review “Abuser Alarm Location Notification” listing with precinct commanding officer to determine which locations to be terminated. Prepare, and personally serve, TERMINATION NOTICE - CHRONIC ALARM LOCATION (PD310-121) to identified premises, only when directed by precinct commanding officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-08 CRIME PREVENTION OFFICER (continued) REVISION NUMBER: PAGE: 08/01/13 19. 20. 21. 22. 23. 3 of 4 Maintain copy of “Abuser Alarm Location Notification” indicating continued response, or reinstatement. a. Maintain copy of Transmittal Letter (Misc. 1726) when reinstating without “Abuser Alarm Location Notification.” Provide assistance to persons seeking methods to improve alarm performance. Perform alarm system and/or premises security surveys in appropriate instances. Maintain record of all contacts regarding alarm abuse locations, e.g., information given to improve alarm performance, system modifications recommended and implemented, premises surveys and results, uncooperative or indifferent attitude, etc. Enter/post to the Alarm Board Notification System Database, on a daily basis, all: a. Personally served NOTICES b. “Door service” NOTICES c. “Deferred Service” NOTICES d. “Revised Disposition” NOTICES e. “Termination” NOTICES f. “Continued Response” NOTICES g. “Reinstatement” NOTICES. TERMINATING RESPONSE TO CHRONIC ALARM LOCATIONS: PRECINCT OPERATIONS COORDINATOR 24. 25. 26. 27. Verify that copy of NOTICE OF UNNECESSARY ALARM is on file for each unnecessary response listed on “Abuser Alarm Location Notification.” Personally review precinct records relative to premises identified by “Abuser Alarm Location Notification” as a “Chronic Alarm Location.” Ascertain, from precinct Crime Prevention Officer, if any inquiry was received from location identified as chronic regarding methods to improve alarm performance. Evaluate any attempt at location to correct condition, e.g., system modifications, nature and extent of employee training in alarm use, etc. 28. PRECINCT COMMANDING OFFICER/ DESIGNEE Meet with alarm abuser to stress the need for improvement in his/her system or personnel training, in appropriate cases. 29. PRECINCT COMMANDING 30. OFFICER Consider advisability of alternative action in lieu of termination response to location, in appropriate cases. Direct crime prevention officer to have form NOTICE OF CONTINUANCE/CHRONIC ALARM LOCATION (PD115-110) served on alarm user when determination is made to continue response because premises/location is sensitive, e.g., hours of worship, certain types of business, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-08 REVISION NUMBER: PAGE: 08/01/13 31. PRECINCT COMMANDING OFFICER (continued) 32. 4 of 4 Approve service of TERMINATION NOTICE when warranted, by personally signing original and duplicate of NOTICE immediately above “Delivery Endorsement” section. a. Sign “Abuser Alarm Location Notification” (Notice memo) and Transmittal Letter (misc. 1726). Direct personal service of TERMINATION NOTICE to qualified person. REINSTATEMENT OF RESPONSE FOR TERMINATED CHRONIC ALARM LOCATIONS: 33. PRECINCT COMMANDING 34. OFFICER 35. 36. 37. 38. ADDITIONAL DATA Review all written requests and supporting documents, if any, received relative to reinstatement. Review precinct records relative to terminated premises. Confer with crime prevention officer to determine receipt of any additional unnecessary alarms since termination. Review record of contacts between precinct crime prevention officer and person in charge at chronic alarm location. Require alarm system and/or premises security survey prior to reinstatement, as appropriate. Approve or disapprove a request for reinstatement. a. Have person qualified to accept service personally served with decision in writing. b. Inform crime prevention officer of decision to reinstate. (1) If reinstatement is approved, notify person in charge of premises at terminated location to anticipate a minimum of forty-eight hours delay before crime prevention officer can re-enter premises to a response mode. c. File copy in precinct, indicating firm name, name and address of person notified and time and date of notification on file copy. When a signal “10-11” is received at precinct telephone switchboard, the job will be telephoned to 911 for Communications Section processing. To facilitate proper transfer of the responsibilities and functions to the precincts, “HELP” desks have been established (Management Information Systems Division and Police Academy, Computer School) to assist precinct crime prevention officers in operating the program. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152a) NOTICE OF CONTINUANCE/CHRONIC ALARM LOCATION (PD115-110) NOTICE OF UNNECESSARY ALARM (PD310-120) TERMINATION NOTICE - CHRONIC ALARM LOCATION (PD310-121) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-09 TAXI AND LIMOUSINE COMMISSION PADLOCK ENFORCEMENT PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To assist Taxi and Limousine Commission (T.L.C.) agents in the padlocking of unlicensed livery base locations. SCOPE In an attempt to close unlicensed livery car base locations, the Taxi and Limousine Commission has instituted a padlock program for citywide enforcement. This Department, in its continuing policy of inter-agency cooperation, will assist the Commission in its endeavor whenever possible. Accordingly, when requested by the Taxi and Limousine Commission, uniformed members of the service will accompany that agency’s representatives to the initial sealing of unlicensed premises. Uniformed members will also accompany them when they perform follow-up padlocking ten days after the initial padlockings. The function of uniformed members at these padlockings will be to preserve the peace and ensure that the Taxi and Limousine Commission representatives are not prevented from performing their duties. This Department will assist the Taxi and Limousine Commission with enforcement action if necessary. However, arresting officers and complainants will be provided by the Taxi and Limousine Commission. PROCEDURE When a request is made by the Taxi and Limousine Commission to assist at the initial, and follow up, padlocking of an unlicensed livery base location: UNIFORMED MEMBER OF THE SERVICE 1. NOTE In arrest situations, the arresting officer and the complainant will be provided by the Taxi and Limousine Commission. 2. DESK OFFICER 3. Accompany the Taxi and Limousine Commission agents to the location and ensure they are not prevented from performing their duties. Assist the Taxi and Limousine Commission agents in taking enforcement action, if necessary. Assign uniformed member of the service concerned to conduct daily inspections of the padlocked locations. NOTE If violations are observed, the Taxi and Limousine Commission will be notified by telephone. Violations observed after business hours will require a follow up notification the following day. ADDITIONAL DATA The Taxi and Limousine Commission has informed this Department that any precinct command that has a problem regarding an unlicensed livery base may call them and request that they undertake enforcement action at the location. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-10 UNLAWFUL POSTING OF SIGNS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To prevent unlawful posting of signs on public streets. PROCEDURE Upon observing an unauthorized sign posted on a gutter, lamppost, telephone pole or tree within the boundaries of a public street or highway: UNIFORMED MEMBER OF THE SERVICE 1. 2. Serve summons for Administrative Code Section 10-119 (a violation) to person observed posting sign. Remove the sign, if possible, and place it in a trash basket. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-11 ENFORCEMENT ACTIVITIES REGARDING OBSCENITY (PENAL LAW ARTICLE 235) AND PUBLIC DISPLAY OF OFFENSIVE MATERIAL (PENAL LAW SECTION 245.11) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To establish guidelines relating to the enforcement of laws regarding the public display of sexually explicit or offensive material. PROCEDURE Whenever a uniformed member of the service observes or receives a complaint regarding the public display of sexually explicit or offensive material (i.e., photographs, magazines, videos and other related material displayed in store windows, magazine racks, newsstands, movie marquees or otherwise exposed to public view): UNIFORMED MEMBER OF THE SERVICE 1. NOTE Do not take any enforcement action, including effecting arrests, issuing summonses or seizing any suspected obscene materials or entering into the private areas of stores or other premises. PATROL SUPERVISOR 2. 3. 4. NOTE Immediately notify the patrol supervisor. Respond to the location and determine if: a. The material or item is easily visible from any public street, sidewalk or transportation facility, or is displayed inside any premise that is accessible to members of the public without a fee for admission, AND b. The material depicts actual or simulated sexual conduct, including acts of masturbation, sexual intercourse or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or if such person be a female, breasts; or sadomasochistic abuse including flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or in the condition of being fettered, bound or otherwise physically restrained. Make ACTIVITY LOG (PD112-145) entry regarding: a. Nature of the display b. Sexual activity depicted and the circumstances surrounding the display’s public visibility (i.e., size of display, distance from the street or sidewalk, etc.,) c. Character of the location, such as commercial or residential, including the proximity of the display to schools, places of amusement, parks and playgrounds. Consult with Legal Bureau upon completion of investigation. Patrol supervisors and other uniformed members of the service will take no enforcement action in this matter, including effecting arrests, issuing summonses, or seizing any suspected obscene material, or entering into the private areas of stores or other premises, without the specific direction of the Legal Bureau. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 214-11 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 While possession of obscene material may be illegal in some cases, an arrest for the violation of any provision of Penal Law Article 235 (Obscenity) can only be made following a judicial determination that the item is obscene. Subject items would need to be purchased, or otherwise obtained lawfully, and presented to a judge for review. Members of the service must not take any enforcement action in incidents involving the possession of suspected obscene materials or suspected obscene or offensive performances. In those circumstances the members concerned should notify the Legal Bureau. While no summary enforcement action can be taken pursuant to Penal Law Article 235 (Obscenity), members of the service, under appropriate circumstances, may take summary enforcement action for the PUBLIC DISPLAY of offensive sexual material (Penal Law Section 245.11, entitled “Public Display Of Offensive Sexual Material”, a class A misdemeanor). When contemplating enforcement of this penal law section, members of the service are to strictly adhere to the above guidelines. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-12 UNLAWFUL EVICTIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PROCEDURE To protect the rights of a person who is being or has been unlawfully evicted from his dwelling unit. DEFINITIONS UNLAWFUL EVICTIONS - Purpose of the law is to discourage, through the imposition of substantial criminal and civil penalties, unlawful evictions to occupants of dwelling units, by methods which often involve: a. Force and violence, or b. The denial of essential services, or c. Other serious Building Code and Health Code violations. The law makes it unlawful for any person to evict or attempt to evict an occupant by: a. Using or threatening to use force, or b. Interruption or discontinuance of essential services (heat, electricity, water), or c. Removing the occupant’s possessions from the dwelling, or d. Removing the entrance door or e. Removing, plugging or rendering inoperable the entrance door lock, or f. Changing the lock on such entrance door without supplying the occupant with a key. Unless a Warrant of Eviction or Government Order to Vacate has been executed, the protective provisions of this law apply in the following circumstances: a. When an individual occupies a dwelling unit pursuant to a lease; or b. When an individual has lawfully occupied a dwelling unit for thirty or more consecutive days; or c. When an individual occupies a dwelling unit within a hotel which is subject to registration under the rent stabilization law (generally single room occupancies [S.R.O.’S]) and has requested a lease pursuant to provisions of the rent stabilization law. DWELLING - Any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings. Qualifying “dwellings” include: a. One or two family homes b. Multiple dwellings. DWELLING UNIT - Any residential accommodation within a dwelling. MULTIPLE DWELLING - A dwelling which is either rented, leased, let or hired out, to be occupied, or is occupied, or is intended, arranged or designed to be used or occupied, as the residence or home of three or more families living independently of each other. A multiple dwelling includes apartment buildings and hotels. A multiple dwelling does not include: a. A hospital, convent, monastery, asylum or public institution, or NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-12 DEFINITIONS (continued) REVISION NUMBER: PAGE: 08/01/13 b. 2 of 3 A fireproof building used wholly for commercial purposes except it may contain one janitor’s apartment, and one penthouse occupied by not more than two families. OWNER - Any person, firm or corporation directly or indirectly in control of a dwelling. A tenant who subleases his dwelling unit is in the position of an “owner” with respect to his sub-tenant. PROCEDURE When a uniformed member of the service has probable cause to believe that a person has been unlawfully evicted from his dwelling unit: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. Prepare summons in cases where the violator is properly identified and occupant is permitted to reenter the dwelling. a. Follow P.G. 209-09, “Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court.” b. Prepare a separate summons for each offense c. Make summons returnable to: (1) Summons Adjudication Part of Manhattan Criminal Court, if issued in Manhattan, Brooklyn, Bronx or Queens (2) Staten Island Criminal Court, if issued in Staten Island (3) Schedule Return dates at least twenty-one days from the date summons is issued, on the day of the week indicated, according to the borough where violation occurred: Manhattan Tuesday Bronx Tuesday Brooklyn Thursday Queens Thursday Staten Island First Wednesday of month d. Complete “Complaint/Information” section on front of summons. (1) Specific details of the violation must be provided. e. Personally serve violator with Criminal Court (pink) copy of summons. f. Process remaining copies according to normal procedures. Effect an arrest where the violator: a. Cannot be properly identified, or b. Refuses to permit occupant to re-enter or who through physical obstruction prevents the occupant from re-entering. (1) When an arrest is necessary, the violator shall be brought to criminal court for prompt arraignment. A desk appearance ticket shall not be issued. Refer evicted persons who are unable to secure temporary housing to the New York City Department of Homeless Services. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 214-12 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 If offense was committed in the presence of officer, the officer will sign the “Complaint/Information” section of the summons. When not committed in officer’s presence, the officer must ascertain that a crime was committed and request complainant to sign the “Complaint/Information” section. If complainant refuses, officer may sign, “based on information and belief,” provided all details as related to the officer by the complainant are included in the “Complaint/Information” section. If a civilian is the complainant, draw a line through the words “Complainant’s” and “Complainant” and substitute the words “Officer’s” and “Officer,” as applicable, on the front of the summons. In addition, draw a line through the words, “I personally observed the commission of the offense charged herein” immediately above the “Complainant’s Full Name Printed” caption. In addition, IN EVERY CASE IN WHICH A CIVILIAN COMPLAINANT IS INVOLVED, THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE COMPLAINANT WILL BE ENTERED ON THE BOTTOM REVERSE SIDE OF THE “ORIGINAL” SUMMONS UNDER THE CAPTIONS “COMPLAINANT’S FULL NAME PRINTED,” “RANK/FULL SIGNATURE OF COMPLAINANT,” “DATE AFFIRMED.” Unlawful eviction is a class “A” misdemeanor. However, it is not a fingerprintable offense. Substantial civil penalties may also be sought through Corporation Counsel in appropriate cases. When it has been determined that a continuous pattern of unlawful eviction activity exists at a particular location, the precinct commander will confer with Legal Bureau personnel regarding initiation of civil action through the Corporation Counsel. If there is a potential for violence between Family/Household members, the demanding of entrance under this procedure is not required. In Family/Household situations, members of the service are to follow Department domestic violence guidelines. Members of the service should also refer to Legal Bureau Bulletin Vol. 23 No. 1, dated March 1993, for legal reference when dealing with unlawful evictions. RELATED PROCEDURES Family Offenses/Domestic Violence (PG 208-36) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Evictions, Repossessions and Other Civil Process (P.G. 214-13) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMMON SUMMONSABLE OFFENSES (PD160-102) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-13 EVICTIONS, REPOSSESSIONS AND OTHER CIVIL PROCESS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To protect life and property and preserve the peace when involved in the enforcement of eviction warrants or other civil process. SCOPE Uniformed members of the service should be cognizant that incidents to which they respond may be the outgrowth of a civil process. The authority to break and enter pursuant to purely civil process such as repossessions, evictions and civil commitments is given to the city marshal/sheriff. The only assistance which the police must render to a marshal is the general mandate of the New York City Charter to preserve the peace and protect life and property. PROCEDURE When requested to assist in the execution of an eviction warrant or other civil process: DESK OFFICER 1. Assign uniformed member of the service to assist at location involved. UNIFORMED MEMBER OF THE SERVICE 2. Respond to location and examine identification of city marshal/sheriff and if eviction is involved, examine warrant. NOTE The role of a uniformed member of the service when called to the scene of an eviction or other civil process situation is to preserve the peace and prevent the commission of a crime. The execution of a warrant of eviction is the sole responsibility of the city marshal/sheriff. Where a forced entry is authorized, a city marshal/sheriff is required to do so in the least disruptive way. Uniformed members of the service will not assist in breaking a door or damaging other property to effect a warrant of eviction. The city marshal is responsible for this action, when necessary and authorized. IF SUBJECT OF AN EVICTION OR OTHER CIVIL PROCESS REFUSES TO ALLOW ENTRY OR LEAVE VOLUNTARILY: UNIFORMED MEMBER OF THE SERVICE 3. Notify desk officer and request response of a patrol supervisor, before any further action is taken. PATROL SUPERVISOR 4. Respond to scene and assess situation. NOTE If subject of eviction warrant or other civil process appears to be emotionally disturbed comply with P.G. 216-05, “Mentally Ill or Emotionally Disturbed Persons.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-13 REVISION NUMBER: PAGE: 08/01/13 2 of 2 IF SUBJECT OF EVICTION OR OTHER CIVIL PROCESS ALLOWS ENTRY: UNIFORMED MEMBER OF THE SERVICE 5. NOTE The city marshal/sheriff or the landlord/representative is not permitted to place the property from the premises on the sidewalk. A vehicle must be on the scene and property loaded immediately. 6. Enter premises with city marshal/sheriff and landlord/representative and remain until eviction or civil process is executed. Make following entry in ACTIVITY LOG (PD112-145): a. Name and shield number of city marshal/sheriff b. Time of entry into tenant’s premises c. Location of tenant’s premises in building d. Name of tenant e. Note if tenant is present or not f. Whether city marshal/sheriff or landlord/representative will be responsible for the tenant’s property. (1) If the landlord/representative endorses the eviction warrant indicating that he takes responsibility for the property in the premises, the eviction is complete. (2) If the landlord/representative does not take responsibility for the property in the premises, the city marshal must arrange for removal. g. h. i. j. 7. Name and address of moving company Name of the driver of each moving van Time each moving van left Location of warehouse where property will be stored. Notify desk officer when the eviction is competed. RELATED PROCEDURES Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Motor Vehicles Repossessed/Parking Violations Scofflaw Removal Program (P.G. 212-48) Unlawful Evictions (P.G. 214-12) Hostage Barricaded Persons (P.G. 212-38) FORMS AND REPORTS ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-14 DRIVEWAY TOW PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To permit owner or lessee of residential property, containing no more than two dwelling units, to have unoccupied vehicle(s) blocking entry or exit to their driveway towed by either licensed tow car of their choice or next available tow company in Rotation Tow Program. PROCEDURE Upon being directed to respond to a blocked driveway assignment: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Registered owners of vehicles are permitted to park in front of own driveway. 2. 3. 4. NOTE Ascertain if unoccupied vehicle is reported stolen and comply with appropriate procedures. Determine if registered owner of vehicle is also owner/lessee of premises involved. Issue summons for violation “Obstructed Driveway” (Section 4-08F2 Traffic Rules) if vehicle is not reported stolen and owner/lessee is not involved. Adhere to applicable provisions of P.G. 218-21, "Rotation Tow." The owner/lessee has the option of removing a vehicle by a licensed tow operator of own choice after a summons has been issued. In such cases, the provisions of the Rotation Tow procedure will not apply, including the transfer of the vehicle from the private tow to the Property Clerk’s Auto Pound on weekdays commencing on the eighth day and ending on the thirtieth day, even when the private tow selected by the owner/lessee is a participant in the Rotation Tow Program. As per the State Lien Law, the private tow company is entitled to a lien against the unclaimed vehicle. 5. 6. DESK OFFICER 7. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521141A) and enter ‘Driveway Tow’ in the ‘Remarks’ section, if vehicle removed by Rotation Tow. a. If vehicle is locked and secure, do not attempt to enter vehicle. In such cases, the responsibility for safeguarding property within vehicle rests with tow company. b. If property is clearly visible within vehicle and such vehicle is unlocked and entry is easily accessible, invoice property on separate PROPERTY CLERK INVOICE WORKSHEET. Deliver WORKSHEET(S) to desk officer, precinct of occurrence. Notify the Stolen Property Inquiry Section for each vehicle removed under the provisions of Administrative Code 19-169.1, whether removed by a rotation tow operator or by a licensed private tow. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-14 NOTE PAGE: 08/01/13 2 of 4 If a rotation tow operator unjustifiably refuses a “Driveway Tow” assignment, the desk officer shall forward a REPORT OF VIOLATION (PD672-151) to the Department of Consumer Affairs. In the event that a rotation tow operator responds to a location and the vehicle has been removed, the tow operator will not be charged a turn and will be returned to the top of the rotation list. DESK OFFICER 8. (continued) 9. ADDITIONAL DATA REVISION NUMBER: Insert the words, “DRIVEWAY TOW” under “Remarks”, in the ROTATION TOWING LOG (PD571-1412), if vehicle is removed under the Rotation Tow Program. Ensure PROPERTY CLERK INVOICE WORKSHEETS are entered into the Property and Evidence Tracking System. A licensed tow operator who removes a vehicle pursuant to this section may collect the appropriate charges from the owner or other person in control of such vehicle, payable before the vehicle is released. If a vehicle was removed under the Department’s Rotation Tow Program and is not claimed, the tow operator is required to bring the vehicle to a Department Auto Pound on weekdays, commencing on the eighth day and ending on the thirtieth day. The owner, the owner’s agent or an insurance company representative must pay the NYPD Rotation Tow fees, in addition their may be third party transfer and storage fees, at the Department Auto Pound concerned in order to reclaim a vehicle. If the vehicle remains unclaimed after fifteen days from its delivery date to a Department Auto Pound, the vehicle will be disposed of according to law. Administrative Code Section 20-519 (c) advises that in no event shall a tow company be entitled to charge the Police Department for storage charges incurred after the tenth day of storage. A licensed tow operator may not tow a vehicle pursuant to this law without the express written authorization of the owner/lessee of the property. An authorization form must be carried by the tow operator and shall include the location of the vehicle to be removed, the make, model, color and license plate of the vehicle and a statement that the vehicle was removed pursuant to a notice of parking violation (summons). This form MUST be signed by the owner/lessee of the property, prior to removal of the vehicle. Administrative Code 19-169.1 does not permit owners/lessees of the same property to have this statute enforced against each other. If a private tow operator, not in the Rotation Tow Program, removes a vehicle, it must be taken directly to his storage facility. Within thirty minutes of the vehicle’s arrival, the tow operator must notify the precinct in which the storage facility is located, of all information contained on the authorization form, including the name of the person who signed the form. The desk officer will record this information in the Command Log. If the registered owner or other person in control of the vehicle arrives at the scene prior to the removal of the vehicle, and such vehicle is connected to any apparatus for removal, the vehicle shall be disconnected from such apparatus and such registered owner or other person in control of such vehicle shall be allowed to remove the vehicle from the premises without interference upon payment of a reasonable service fee of not more than one-half of the charge allowed for removal as provided in Administrative Code Section 19-169.1, subdivision (g), for which a receipt shall be given. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 214-14 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 4 The Local Law does not apply to law enforcement, firefighting, rescue squad, ambulance, or other emergency vehicles which are marked as such but does apply to non-emergency vehicles of any governmental entity identifiable as such. Administrative Code Section 19-169.1 allows the owner of private property, or a person acting as his agent, to remove vehicles improperly parked from such property pursuant to a written contract with a licensed towing company. Relevant provisions of Section 19169.1 are as follows: Subd. b. Owners or operators of parking facilities may not have improperly parked vehicles towed under this section unless the owner or operator maintains a conspicuously posted sign on the private property stating: (1) Name, address, and telephone number of the tow company (2) Hours of operation for vehicle redemption (3) Towing and storage fees of the tow operator (4) Hours vehicle are prohibited from parking and subject to tow. Subd. d. Prohibits vehicle removal if it is occupied by any person. Subd. f. Requires the tow company to notify the local precinct covering the place of removal within thirty (30) minutes of the vehicle’s arrival at the tow operator’s storage facility as to: (1) Name and address of tower (2) Storage site (3) Location from which vehicle removed (4) Name of person who authorized removal (5) Removal was pursuant to a contract with the owner of the private property. (6) Year, make and color of vehicle (7) Registration plate number (8) Name of member of the service notified at Stolen Property Inquiry Section. The desk officer will make a Command Log entry and notify Stolen Property Inquiry Section of the above information utilizing the FINEST System. Subd. g. Tow operators are required to carry a copy of Chapter 1, Title 19, Administrative Code with them and show it to the vehicle owner or other person in control of the vehicle. Subd. i. An owner of private property, or an agent, or a tow operator who removes a vehicle in violation of this section shall be liable to the vehicle owner for any amounts actually paid for the removal or storage of the vehicle, as well as any damage resulting from the removal or storage. Subd. j. Any person who violates Administrative Code Section 19-169.1 shall be punished as follows: for the first violation, a fine of five hundred dollars; for the second violation within a period of twelve months of the date of the first violation, a fine of one thousand dollars; and for any additional violations within a period of twenty-four months of the date of the first violation, a fine of one thousand dollars. Subd. k. Exempts certain vehicles from tow, including police, fire, civil defense, emergency ambulance, sanitation and environmental emergency. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 214-14 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 RELATED PROCEDURES Preliminary Investigation, Recording and Transmission of Alarms for Stolen Vehicles (P.G. 207-11) Vehicles Stolen and Recovered Within New York City (P.G. 218-14) Rotation Tow (P.G. 218-21) FORMS AND REPORTS PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) REPORT OF VIOLATION (PD672-151) ROTATION TOWING LOG (PD571-1412) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-15 ANONYMOUS CONTROLLED SUBSTANCE PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To assist parents/guardians in determining if substance found or suspected to be under the control of their children is in fact a controlled substance. NOTE Persons using this program shall remain anonymous and NO criminal charges or investigation will be instituted against them unless it is evident the program is being used to circumvent the law. PROCEDURE When a person indicates a desire to participate in the program: MEMBER OF THE SERVICE 1. Direct person to call local precinct and comply with directions of desk officer. DESK OFFICER 2. 3. Ascertain from caller the amount of suspected controlled substance involved. Give caller code phrase consisting of: a. Precinct designation AND b. Any letter of alphabet AND c. A randomly selected three digit number, e.g., 23-B-567. Instruct caller to record and carry the code phrase on his person while enroute to command. 4. NOTE The purpose of the code phrase is to protect caller who may become the subject of a search while enroute to the command. 5. 6. 7. 8. 9. Inform person the code phrase will expire in one hour: a. Investigate circumstances if one hour deadline is exceeded b. Continue processing if delay is beyond control of person. Immediately dispatch RMP to location agreed upon by caller and transport caller to command, if there is reason to believe a felony amount of controlled substance is involved. Make appropriate entries in Command Log indicating the following information: CODE PHRASE TIME/DATE LOCATION SECTOR ASSIGNED VOUCHER NUMBER DESK OFFICER ANALYSIS ENTERED BY DATE PERSON CALLED REFERRED REMARKS DESK OFFICER Have the following forms prepared: a. ANONYMOUS NARCOTICS RECEIPT (PD521-012) b. PROPERTY CLERK INVOICE (PD521-141). Instruct person to retain copy of ANONYMOUS NARCOTICS RECEIPT and call command after seven working days to obtain analysis results by identifying self with the code phrase. a. Duplicate copy of receipt will be filed in Property Receipt Book. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-15 REVISION NUMBER: PAGE: 08/01/13 2 of 2 COMMANDING 10. OFFICER, POLICE LABORATORY Forward completed analysis findings to commanding officer, command concerned. COMMANDING 11. OFFICER, COMMAND CONCERNED Have results of analysis (positive or negative) entered in Command Log, in margin next to original entry. DESK OFFICER 12. Give results of analysis (positive or negative reply ONLY) when person calls with appropriate code phrase. Advise person to contact family physician or appropriate social service agency for referral to treatment program if results are positive. Ask person if he/she wishes to cooperate in investigating source of controlled substance while still maintaining anonymity. a. Obtain as much information as possible, if person cooperates and comply with P.G. 212-12, “Citywide Intelligence Reporting System”. 13. 14. ADDITIONAL DATA If an individual is being searched in an unrelated arrest, etc., and a controlled substance is discovered and such person claims to be participating in the Anonymous Controlled Substance Analysis Program, the searching officer will take the person to the precinct of occurrence and verify the person’s participation by contacting the precinct which issued the code phrase. An arrest will be made for possession of a controlled substance if person’s participation cannot be verified. If the individual is participating in the program and the precinct of occurrence is not the command that issued the code phrase, the desk officer will notify the issuing command to cancel the code phrase. The desk officer, precinct of occurrence, will then issue a new code phrase and process the controlled substance as outlined in this procedure. RELATED PROCEDURES Processing Controlled Substances/Marijuana Contraband Stored at Stationhouse (P.G. 218-24) Processing Controlled Substances/Marijuana Contraband Not Stored at Stationhouse (P.G. 218-25) Delivery of Evidence to the Police Laboratory (P.G. 218-04) Removal and Return of Evidence to Property Clerk Division (P.G. 218-07) Citywide Intelligence Reporting System (P.G. 212-12) FORMS AND REPORTS ANONYMOUS NARCOTICS RECEIPT (PD521-012) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-16 CONSTRUCTION SITES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To protect pedestrian and vehicular traffic in the vicinity of construction sites. DEFINITION CONSTRUCTION SITE - Any construction, alteration, demolition, street opening, paving or related matter for which a permit from a city department is required. PROCEDURE Upon becoming aware of a condition endangering safety or impeding vehicular traffic: UNIFORMED MEMBER OF THE SERVICE 1. Request supervisor on patrol to respond. PATROL SUPERVISOR 2. 3. Investigate and determine action to be taken. Direct referral to department concerned if pedestrian or traffic safety not involved. Verify that referrals and/or notifications are recorded in HIGHWAY CONDITION RECORD (PD311-151). Direct preparation of ADMINISTRATIVE CODE VIOLATION NOTICE (PD372-151) if arrest or summary action is taken. 4. 5. UNIFORMED MEMBER OF THE SERVICE 6. Make ACTIVITY LOG (PD112-145) and other necessary entries. ADDITIONAL DATA Members of the service shall NOT enforce violations of the Administrative Code for which only a civil penalty may be imposed. If requested, members of the service will assist representatives of other City departments on official business at construction sites only so far as security to the representative’s person is concerned. In an emergency situation at a construction site during non-working hours, take necessary action and notify the telephone switchboard operator by telephone for notification to departments concerned. If necessary, the Communications Section may be notified by radio. The Communications Section will notify departments concerned and in addition, the telephone switchboard operator of precinct of occurrence. FORMS AND REPORTS ACTIVITY LOG (PD112-145) ADMINISTRATIVE CODE VIOLATION NOTICE (PD372-151) HIGHWAY CONDITION RECORD (PD311-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-17 VACANT BUILDINGS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To inform the Department of Buildings of recently vacated buildings and unsecured hazardous vacant buildings. PROCEDURE Upon observing a vacated building, while on patrol: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. Examine building to determine if it is properly secured. Notify supervisor on patrol if hazard exists. Make ACTIVITY LOG (PD112-145) entry. Report the facts to the member on telephone switchboard duty if not previously reported or if the building presents a substantial hazard. PATROL SUPERVISOR 5. 6. 7. Respond to location and determine degree of hazard. Direct placement of barriers and assignment of officers if necessary. Call Emergency Service Unit, if required. TELEPHONE SWITCHBOARD OPERATOR 8. 9. Enter information on HIGHWAY CONDITION RECORD (PD311-151). Telephone information to Department of Buildings and complete entries on HIGHWAY CONDITION RECORD. COMMANDING 10. OFFICER FORMS AND REPORTS Review vacant house list and HIGHWAY CONDITION RECORD periodically, noting locations and hazardous vacant buildings added since previous review. ACTIVITY LOG (PD112-145) HIGHWAY CONDITION RECORD (PD311-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-18 STOP WORK ORDERS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To assist the Department of Buildings in enforcing stop work orders at construction or renovation sites. PROCEDURE When notified by a Department of Buildings representative that a stop work order has been issued or a previously issued stop work order is being violated: DESK OFFICER 1. Direct a uniformed member of the service to respond to the location and meet the Department of Buildings representative. 2. Assist representative in enforcing the stop work order and preserve the peace while representative serves “Request to Appear” notice (formerly known as court summons), if necessary. Enter in ACTIVITY LOG (PD112-145) facts including name of Department of Buildings representative. UNIFORMED MEMBER OF THE SERVICE 3. FORMS AND REPORTS ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-19 USING CHAINS AND PADLOCKS TO SECURE COMMERCIAL PREMISES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To maintain the availability of uniformed personnel by securing commercial premises with padlocks and chains, when necessary. PROCEDURE When a uniformed member of the service observes, becomes aware of, or receives a call of a front break at a commercial premise: UNIFORMED MEMBER OF THE SERVICE 1. 2. Respond to scene and evaluate condition. Request patrol supervisor to respond. PATROL SUPERVISOR 3. Determine if premise can be secured by installing padlock and chain. NOTE Patrol supervisor should consider the number of breaks, location of breaks and whether there is a security gate for securing breaks to glass, e.g., glass doors, windows, etc. 4. 5. EMERGENCY SERVICE UNIT 6. 7. 8. DESK OFFICER 9. 10. 11. FORMS AND REPORTS Request response of Emergency Service Unit when it is determined that premise can be secured with padlock and chain. Direct owner be notified that premise is being secured with padlock and chain. Respond to scene and secure premise with padlock and chain. Attach NOTIFICATION TO OWNER (MISC. 3930) to either the chain and/or lock. Deliver padlock key to desk officer, precinct of occurrence after padlock and chain are installed. Make entry in Command Log indicating presence of Emergency Service Unit with padlock key and safeguard key in stationhouse. Deliver key to premise to assigned member and direct padlock and chain be removed from premise when owner present and notified. Notify the appropriate Emergency Service Unit squad when the padlock, chain and key are ready to be picked up. NOTIFICATION TO OWNER (MISC. 3930) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-21 PROJECT SAFE - ESCORTS FOR SAFE HORIZON CLIENTS AND LOCKSMITHS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To prevent assaults and other criminal acts against Safe Horizon clients and authorized locksmiths (Project SAFE). SCOPE PROJECT SAFE is a program administered by Safe Horizon that provides lock replacements and counseling to victims of domestic violence and other crimes. This Department will assist in this endeavor by providing a police escort. PROCEDURE When a request is received from Safe Horizon to escort a client and authorized locksmith: DESK OFFICER 1. NOTE Record notification from Safe Horizon in Telephone Record. Safe Horizon will telephone in advance to notify desk officer of the pending arrival of the locksmith and client. 2. NOTE Identify the client and locksmith, when they arrive at the precinct. Safe Horizon policy is to ensure that domestic violence victims still cohabiting with the batterer must have an exclusionary Order of Protection in order to have their locks changed. Desk officers will ensure that this policy is enforced. 3. 4. UNIFORMED MEMBER OF THE SERVICE 5. 6. 7. 8. 9. 10. Assign the precinct crime prevention officer or the precinct domestic violence officer to escort the client and locksmith, if time permits. Assign a uniformed member of the service to provide the escort, if the crime prevention officer or the domestic violence officer is not available. Escort identified client and locksmith to location and notify radio dispatcher. Have client ride in Department vehicle to the location, if necessary. Remain at location until locksmith has completed the work. Escort locksmith from premises. Notify radio dispatcher that escort is completed. Report completion of assignment to desk officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-22 WEEKLY STREET CONDITIONS SURVEY & DAILY OBSERVATIONS OF HIGHWAY CONDITIONS REQUIRING CORRECTIVE ACTION DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To notify agencies concerned of Highway/Community conditions under their jurisdiction which require corrective action. DEFINITION WEEKLY STREET CONDITIONS SURVEY - a survey of street conditions conducted by radio motor patrol units on the second platoon, each Sunday, and reported on WEEKLY STREET CONDITIONS SURVEY REPORT (PD311150). PROCEDURE Upon making daily observations or receiving highway/community conditions requiring correction: UNIFORMED MEMBER OF THE SERVICE 1. TELEPHONE SWITCHBOARD OPERATOR 3. 2. information regarding Take corrective action, if possible, and make ACTIVITY LOG (PD112-145) entry of condition and location. Notify telephone switchboard operator for entry on HIGHWAY CONDITION RECORD PD311-151). Notify agency/member concerned as outlined in step 7 and complete entries on HIGHWAY CONDITION RECORD. WEEKLY STREET CONDITIONS SURVEY REPORT SUPERVISOR, SECOND PLATOON, SUNDAY 4. Direct members assigned to radio motor patrol units to conduct a survey of sector on second platoon, each Sunday, and prepare WEEKLY STREET CONDITIONS SURVEY REPORT in duplicate. MEMBER ASSIGNED TO RMP UNIT 5. Submit completed WEEKLY STREET CONDITIONS SURVEY REPORT to desk officer. DESK OFFICER 6. Review WEEKLY STREET CONDITIONS SURVEY REPORTS and: a. Make immediate notification to agencies concerned for serious emergencies. b. Forward WEEKLY STREET CONDITIONS SURVEY REPORTS to precinct operations coordinator. OPERATIONS COORDINATOR Ensure that each Monday the WEEKLY STREET CONDITIONS SURVEY REPORTS are reviewed and the following agencies/members are notified: 7. CONDITION Inoperative/damaged signal light AGENCY NYC Dept. of Transportation Inoperative/damaged street light NYC Dept. of Citywide Administrative Services NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-22 REVISION NUMBER: PAGE: 08/01/13 2 of 4 AGENCY CONDITION Defective/damaged roadway surface NYC Dept. of Transportation Inoperative/damaged parking meters [note meter number] NYC Dept. of Transportation Manhole covers Note identifying initials and notify agency/utility Recently vacated/unsecured hazardous building NYC Dept. of Buildings Obstruction of traffic control device [E.g., tree, sign, etc.] NYC Dept. of Transportation Note: Commanding officer will have report prepared requesting correction of condition and forwarded to Commanding Officer, Traffic Management Center Obstruction on roadway NYC Dept. of Transportation (Bureau of Highway Operations), NYC Dept. of Sanitation Dumpster Refer non-emergency conditions to local district office, Dept. of Sanitation Dead animal on street Dept. of Sanitation Flooding, streets, limited access highways. Clogged sewers or street drains. Leaking/broken hydrants or drains NYC Dept. of Environmental Protection Derelict auto Local district office, Department of Sanitation Missing/damaged traffic control devices [other than signal lights] Precinct Traffic Safety Officer/designated alternate TRAFFIC SAFETY OFFICER/ DESIGNATED ALTERNATE 8. 9. 10. Have entries completed on WEEKLY STREET CONDITIONS SURVEY REPORT and: a. Forward original copy of WEEKLY STREET CONDITIONS SURVEY REPORT to telephone switchboard operator to be maintained chronologically in folder similar to that used to maintain HIGHWAY CONDITION RECORD. b. File duplicate copy. Inspect HIGHWAY CONDITION RECORD and WEEKLY STREET CONDITIONS SURVEY REPORT to determine if missing/damaged traffic control devices (other than signal lights) have been reported. Prepare MISSING TRAFFIC CONTROL DEVICE (PD620-150) and: a. Forward two copies of the form directly to appropriate Department of Transportation/Borough Engineer as follows: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-22 TRAFFIC SAFETY OFFICER/ DESIGNATED ALTERNATE (continued) REVISION NUMBER: PAGE: 08/01/13 3 of 4 BOROUGH ADDRESS Manhattan 51 Chambers Street New York, NY 10007 Brooklyn 56 Court Street Brooklyn, NY 11201 Bronx 215 E. 161st Street Bronx, NY 10452 Queens 120-55 Queens Boulevard Queens, NY 11424 Staten Island Boro Hall, Room 303 Staten Island, NY 10309 b. File pink copy of form in command. NOTE Upon completion of required work, the borough engineer concerned will return a copy of the form which will be attached to, and filed with, the related pink copy. DESK OFFICER, SECOND PLATOON, MONDAY 11. ADDITIONAL DATA Uniformed members of the service observing or being informed of conditions which may adversely affect the community and for which no specific referral is available, will make an ACTIVITY LOG entry describing the condition and obtain the complainant’s name, address and telephone number. Review HIGHWAY CONDITION RECORD and WEEKLY STREET CONDITION REPORT (original copy) for completeness, sign and file. The telephone switchboard operator will be notified and entries made on the HIGHWAY CONDITION RECORD of the following: a. Condition b. Identity of complaint c. Rank, name and command of reporting officer. The precinct community affairs officer shall examine the HIGHWAY CONDITION RECORD/WEEKLY STREET CONDITIONS SURVEY REPORT and confer with complainants and agencies concerned, where appropriate. Member concerned will keep the precinct commander informed, and if the condition cannot be resolved, the precinct commander shall submit a report on Typed Letterhead to the Chief of Department describing the condition and action taken. The Chief of Department will, when appropriate, forward a copy of the report to the agency concerned for further necessary attention. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 214-22 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 ADDITIONAL DATA (continued) Patrol borough commands will summarize and consolidate each category of the precinct WEEKLY STREET CONDITIONS SURVEY REPORTS and submit results to the Office of Chief of Patrol on a monthly basis. The Office of Chief of Patrol will consolidate the reports received from the borough commands and forward a consolidated report to the Office of the Police Commissioner (through channels). RELATED PROCEDURES Construction Sites (P.G. 214-16) Vacant Buildings (P.G. 214-17) FORMS AND REPORTS ACTIVITY LOG (PD112-145) HIGHWAY CONDITION RECORD PD311-151) WEEKLY STREET CONDITIONS SURVEY REPORT (PD311-150) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-23 UNNECESSARY NOISE VIOLATIONS – GENERAL PROHIBITIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To enforce provisions of the New York City Administrative Code prohibiting unreasonable noise. DEFINITIONS UNREASONABLE NOISE - any excessive or unusually loud sound that disturbs the peace, comfort or repose of a reasonable person of normal sensitivities, or injures or endangers the health or safety of a reasonable person of normal sensitivities, or which causes injury to plant or animal life, or damage to property or business. SOUND REPRODUCTION DEVICE - A device intended primarily for the production or reproduction of sound, including, but not limited to, any musical instrument, radio receiver, television receiver, tape recorder, phonograph or sound amplifying system. PROCEDURE When a uniformed member of the service hears, observes or receives a complaint of unreasonable noise: UNREASONABLE NOISE NOT INVOLVING SOUND REPRODUCTION DEVICES UNIFORMED MEMBER OF THE SERVICE 1. NOTE The best guideline to follow in determining whether the noise is unreasonable is to determine whether the ordinary person in the community is actually disturbed by the noise. In addition, the following factors should be considered: a. The character of the neighborhood or area, i.e., residential, commercial; b. The ordinary noise level of the area, i.e., busy Manhattan streets will likely always have high ordinary sound levels; c. The time of day; d. The number of persons complaining about the noise; and, e. Whether the person responsible for the noise has been asked by others to cease or lower the sound level and has refused to do so. 2. 3. 4. DESK OFFICER 5. Interview complainants/violators about noise complaint e.g., people yelling, dogs barking, etc. Determine if the noise is unreasonable. Attempt to correct the condition by warning violator. Serve Environmental Control Board Notice of Violation for violation of Administrative Code Section 24-218 if unable to correct condition and violator is eligible, (see P.G. 214-24, “Service of Environmental Control Board (E.C.B.) Notice of Violation and Hearing for Vehicle Alarms”). a. Report facts to desk officer. Report facts to commanding officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-23 REVISION NUMBER: PAGE: 08/01/13 2 of 3 UNREASONABLE NOISE INVOLVING SOUND REPRODUCTION DEVICES UNIFORMED MEMBER OF THE SERVICE 6. 7. 8. 9. 10. ADDITIONAL DATA Repeat steps one through three above. Serve a summons for violation of Administrative Code Section 24- 244(a) returnable to Criminal Court if unable to correct condition and violator is sixteen years of age or older and otherwise eligible. a. Enter in information section of the summons: “Respondent did operate sound reproduction device at a level unreasonable under the circumstances thereby causing annoyance to persons in the vicinity.” b. Enter a description of the sound reproduction device, e.g., radio, bullhorn, etc., the distance at which it could be heard and the number of people complaining. c. When appropriate, draw a line through the words above signature line reading, “I personally observed the commission of the offense charged here.” Seize the sound reproduction device. Check “EVIDENCE” box on PROPERTY CLERK INVOICE (PD521141) prepared for sound reproduction device seized. a. Give appropriate copy of INVOICE to person from whom the device was seized as a receipt. Inform violator that seized property may be reclaimed at precinct of occurrence or at Property Clerk’s Office by presenting a District Attorney’s Release or Court Disposition Form. Sound reproduction devices are seized as evidence that the violator possessed the device, that the device was operable and to demonstrate the volume at which it was being operated at the time of the offense. The volume control shall be marked, without damaging the property, to indicate the volume at which the device was being operated. Members of the service shall produce these devices at all court appearances. Sound reproduction devices will not be seized from motor vehicles. If violator is a juvenile - at least seven but less than sixteen years of age - a JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) shall be issued instead of a summons and the sound reproduction device will not be seized. A uniformed member of the service may legally seize a sound reproduction device from a semi-private premises, i.e., social club, bar, etc., where the general public is invited, or a private home, if the uniformed member is invited inside and sees the device responsible for the noise, after issuing a summons to the operator/owner of the device. The decision to forcibly enter into private or semi-private premises to correct noise complaints will ONLY be made by a precinct commander/duty captain and ONLY as a last resort, after requests to stop the noise have been ignored. Some of the factors going into the decision to forcibly enter such premises are: a. Time of day b. Type of neighborhood (commercial/residential) c. Number of complaints d. The ambient noise level of the area generally. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 214-23 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 ADDITIONAL DATA (continued) While sound reproduction devices may be seized as evidence, there is also authority to allow for the seizure of such equipment to “abate a nuisance,” i.e., the loud noise. This may be done without seizing the entire sound device system for evidence. Careful seizure of parts of the system in order to abate the noise is permissible and steps 8 through 10 of the procedure will be complied with.” RELATED PROCEDURES Service of Environmental Control Board (E.C.B.) Notice of Violation and Hearing for Vehicle Alarms (P.G. 214-24) FORMS AND REPORTS JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-24 SERVICE OF ENVIRONMENTAL CONTROL BOARD (E.C.B.) NOTICE OF VIOLATION AND HEARING FOR VEHICLE ALARMS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To take enforcement action when an audible vehicle alarm is activated and does not cease to sound within three minutes or when an audible status indicator is operated on a vehicle. DEFINITION AUDIBLE STATUS INDICATOR - For the purpose of this procedure, any sound reproduction device on a motor vehicle that emits or causes to be emitted any continuous or near continuous sound for the purpose of warning that an audible burglar alarm has been installed on such motor vehicle and is operational or for creating the appearance that such an alarm has been installed on such motor vehicle and is operational. PROCEDURE When a uniformed member of the service is notified or becomes aware that an audible vehicle alarm has been activated or audible status indicator has been activated and the vehicle is parked on a public highway or in a parking lot open to the public: UNIFORMED MEMBER OF THE SERVICE 1. 2. Make entry in ACTIVITY LOG (PD112-145) of time when the member first observed the audible alarm. Comply with the provisions of P.G. 214-25, “Deactivation of Motor Vehicle Alarms.” IF AUDIBLE STATUS INDICATOR IS OPERATED ON THE VEHICLE OR IF ALARM IS STILL AUDIBLE AFTER THREE MINUTES: UNIFORMED MEMBER OF THE SERVICE 3. 4. 5. NOTE Take all reasonable steps to disconnect the alarm or indicator without damaging the vehicle. Prepare an Environmental Control Board “Notice of Violation and Hearing” for violation of Administrative Code Section 24-221 (d) (alarm) or Section 24-221 (e) (audible status indicator). a. Enter “N-12” in box captioned VIOLATION CODE b. Enter “$175.00” in box captioned MAILABLE PENALTY SCHEDULE c. Enter “$700.00” in box captioned MAXIMUM PENALTY FOR VIOLATION. Enter either of the following statements, VERBATIM, in the box captioned DETAILS OF VIOLATION: “At time and place of occurrence deponent observed the audible alarm of the above described vehicle operate for a continuous period of time in excess of three (3) minutes” OR “At time and place of occurrence deponent observed an audible status indicator in operation on the above described vehicle.” The time of violation entered on the Environmental Control Board summons must correspond with the end of the three minute observation period in the case of an alarm summons. Additionally, a complete description of the vehicle must be indicated on the summons. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-24 UNIFORMED MEMBER OF THE SERVICE (continued) PAGE: 08/01/13 6. 7. 8. NOTE REVISION NUMBER: 2 of 2 Affix the WHITE CARDBOARD (agency) copy of the summons to the vehicle in a conspicuous place. Distribute the remaining copies of the summons as follows: a. WHITE (E.C.B.) copy - to precinct of occurrence at end of tour as directed by commanding officer b. YELLOW (officer) copy - retain with CERTIFICATION OF PARKING SUMMONS SERVED (PD160-146) c. PINK (respondent) copy. Place vehicle in Rotation Tow Program, if unable to disconnect the alarm or audible status indicator. Administrative Code Section 24-221 (g) provides that the operator of any motor vehicle on which an audible burglar alarm has been installed shall, when parked on a public highway or in a parking lot open to the public, prominently display the number and telephone number of the owner’s local police precinct where information shall be on file to permit communication with the owner of such vehicle. The member of the service concerned should attempt to contact the owner of the vehicle, if the above information is available. 9. 10. 11. ADDITIONAL DATA Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521141A). a. Indicate on WORKSHEET that the vehicle was towed as a result of a ringing alarm or audible status indicator operation. Have an “Impound” screen entered into the FINEST System. Have a notification made to the owner of the vehicle that the vehicle was towed. The issuance of Environmental Control Board “Notice of Violation and Hearing” is not mandatory in all cases when a motor vehicle alarm is activated. The action of a uniformed member of the service should be based on selective enforcement principles based upon civilian complaints and obvious violations. If the vehicle is known to the uniformed member as a chronic problem, enforcement action will be taken. If the alarm sounds for less than three minutes, resets and sounds again repeatedly, it shall be deemed as one continuous action and the subject of enforcement. Authorized personnel of the Department of Transportation may request a member of the service to arrange for the removal of such vehicle. When removal of the vehicle is performed pursuant to the Rotation Tow Program for operation of an audible burglar alarm in violation of Administrative Code Section 24-221 (d) or for the operation of an audible status indicator in violation of Section 24-221 (e), the Environmental Control Board “Notice of Violation and Hearing” shall state that a member of the New York City Police Department took all reasonable and necessary steps to disconnect such alarm or audible status indicator without success. RELATED PROCEDURES Environmental Control Board Notice of Violation and Hearing - General Procedure (P.G. 209-12) Deactivation of Motor Vehicle Alarms (P.G. 214-25) Rotation Tow (P.G. 218-21) FORMS AND REPORTS ACTIVITY LOG (PD112-145) CERTIFICATION OF PARKING SUMMONS SERVED (PD160-146) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-25 DEACTIVATION OF MOTOR VEHICLE ALARMS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To take corrective action when a vehicle alarm is activated and the owner cannot be located. PROCEDURE When a uniformed member of the service is notified or becomes aware that a motor vehicle alarm has been activated and the owner is not present: UNIFORMED MEMBER OF THE SERVICE 1. NOTE The owner of a vehicle with an anti-theft alarm installed is required to prominently display the telephone number of his local precinct inside the vehicle when parked on a public street, highway, or in a parking lot opened to the public. In addition, each patrol precinct, if notified by an owner of such vehicle, will maintain a Motor Vehicle Alarm File which will list the name, address, telephone number and license plate number of residents who have had anti-theft vehicle alarms installed. Immediately attempt to locate owner of the vehicle. 2. Contact the desk officer of precinct concerned and request owner be notified to immediately disconnect alarm. DESK OFFICER 3. Check the Motor Vehicle Alarm File, when maintained, and notify the owner to immediately deactivate the alarm. NOTE Vehicle alarms should automatically deactivate within ten minutes. However, a uniform member of the service may attempt to disconnect the alarm within the first ten minutes. Do not intentionally damage the vehicle in an attempt to deactivate the alarm. UNIFORMED MEMBER OF THE SERVICE 4. 5. 6. 7. Attempt to disconnect the alarm wire from battery cables, if owner cannot be immediately located. Request response of Emergency Service Unit if difficulty is encountered in entering engine or passenger compartment of motor vehicle to disconnect alarm. Make comprehensive ACTIVITY LOG (PD112-145) entry of efforts to deactivate alarm and any damage to vehicle which resulted from such efforts. Continue for a reasonable period of time to attempt to notify owner after alarm is deactivated. a. Prepare a hand written notification and place under windshield wiper explaining action take, if personal notification is not made. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 214-25 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 The issuance of an Environmental Control Board - Notice of Violation is not mandatory in all cases when an anti-theft device on a motor vehicle is activated. The action of a uniformed member of the service should be based on selective enforcement principles based upon civilian complaints and obvious violations. A Notice of Violation, if issued, should be made in conformance with P.G. 214-24 “Service of Environmental Control Board (E.C.B.) Notice of Violation and Hearing for Vehicle Alarms.” Uniformed members of the service are not permitted to deactivate building alarms but may issue a summons if the alarm does not deactivate within fifteen minutes. RELATED PROCEDURES Service of Environmental Control Board (E.C.B.) Notice of Violation and Hearing for Vehicle Alarms (P.G. 214-24) Chronic Abuser Alarm Procedures (P.G. 214-08) FORMS AND REPORTS ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-26 SNOW EMERGENCY REGULATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To assist in snow removal operations and expedite the movement of traffic on major thoroughfares during a declared snow emergency. PROCEDURE When a FINEST message is transmitted announcing that the Commissioner of the Department of Transportation has declared a snow emergency: DESK OFFICER 1. 2. Notify members of the service performing patrol duty. Issue instructions necessitated by precinct conditions. UNIFORMED MEMBER OF THE SERVICE 3. Issue summonses for: a. Abandoning vehicle or parking illegally on “snow street” or “snow route” [N.Y.C. Traffic Regulations Section 4-12(k)(1)] b. Operating vehicle without snow tires or skid chains on “snow street” or “snow route” and vehicle is stuck [N.Y.C. Traffic Regulations Section 4-12(k)(2)]. NOTE When a vehicle is observed in operation on a snow street or snow route without snow tires or skid chains and the vehicle is not immobilized, warn the operator that a snow emergency is in effect and direct him to leave the snow street or snow route at the nearest exit. ADDITIONAL DATA A uniformed member of the service who issues a summons for violation of snow emergency regulations may be required to testify that the drive, traction or powered wheels were equipped with regular tires without skid chains, or that snow tires were worn or damaged to preclude effective traction. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-27 SNOW REMOVAL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To have snow removed from sidewalks and around fire hydrants after a snowfall. PROCEDURE When snow has stopped falling: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. Inform householders, storekeepers, etc., of their legal obligation to remove snow and ice from the sidewalk and around fire hydrants. Serve summons for Administrative Code Section 16-123 (a violation), if snow is not removed four hours after the snow stops falling, when appropriate. Prevent the throwing of snow into roadways, which have been cleared. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-29 DERELICT VEHICLES BEARING NEW YORK STATE REGISTRATION PLATES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To notify owner and agencies concerned and properly dispose of registration plates. DEFINITION DERELICT VEHICLE - A vehicle which is so dilapidated, burned out, stripped, vandalized, etc., as to be of no apparent value other than scrap. Derelict vehicles will be taken into custody by this Department ONLY when required as evidence. PROCEDURE Upon observing a derelict vehicle bearing current New York State registration plates: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. NOTE Determine if vehicle has been reported stolen by: a. Radio signal 10-15 to radio dispatcher or b. Query through FINEST System. Obtain all relevant information including owner’s telephone number, if vehicle reported stolen, from printout. Note information in ACTIVITY LOG (PD112-145) for later reference and notification. Remove registration plates and prepare REGISTRATION PLATE REMOVAL NOTICE (PD571-120). Prepare PROPERTY CLERK INVOICE (PD521-141) ONLY if vehicle reported stolen or required as evidence. A PROPERTY CLERK INVOICE will NOT be prepared for a derelict vehicle not required as evidence nor reported stolen. 6. 7. 8. DESK OFFICER 9. 10. 11. 12. Deliver plates and PROPERTY CLERK INVOICE, if required, to desk officer. Prepare COMPLAINT FOLLOW-UP (PD313-081) from information received from FINEST System, if vehicle stolen within New York City. Notify owner to remove vehicle immediately and pick-up registration plates within five days. Check PROPERTY CLERK INVOICE for accuracy and completeness, including time, date, name of person who cancelled the alarm and time, date and name of owner of vehicle notified. Enter “derelict” on PROPERTY CLERK INVOICE (to be removed by Department of Sanitation). Retain registration plates at precinct desk for period of five days for pickup by owner. a. Have owner sign Property Receipt Log for plates. Prepare and sign two copies of report on OFFICIAL LETTERHEAD (PD158-151), addressed to Department of Motor Vehicles (DMV), explaining reason for forwarding plates to DMV, if owner fails to pickup plates within five days. a. Wrap registration plates, with report included, in brown paper and forward to Department of Motor Vehicles, if plates not picked up within five days. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-29 TELEPHONE SWITCHBOARD OPERATOR REVISION NUMBER: PAGE: 08/01/13 2 of 2 13. 14. Notify Department of Sanitation to remove vehicle. Make entry on HIGHWAY CONDITION RECORD (PD311-151) of notification. DESK OFFICER 15. Review COMPLAINT FOLLOW-UP if prepared, and: a. Sign “For the Commanding Officer” b. Verify alarm is cancelled and owner notified. Forward COMPLAINT FOLLOW-UP and PROPERTY CLERK INVOICE as indicated on forms. 16. FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT FOLLOW-UP (PD313-081) HIGHWAY CONDITIONS RECORD (PD311-151) OFFICIAL LETTERHEAD (PD158-151) PROPERTY CLERK INVOICE (PD521-141) REGISTRATION PLATE REMOVAL NOTICE (PD571-120) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-30 REMOVAL OF EXPIRED NEW YORK STATE REGISTRATION PLATES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To process vehicles bearing New York State license plates that are unregistered more than two months after expiration of registration. PROCEDURE Upon observing a vehicle bearing expired New York State registration plates and/or no registration sticker displayed: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. NOTE Determine: a. If vehicle has been reported stolen b. Name and address of registered owner c. If vehicle is derelict or abandoned. Issue summons for UNREGISTERED VEHICLE if vehicle HAS NOT BEEN REPORTED STOLEN. Remove license plates from vehicle that remains unregistered more than two months after expiration of registration. Expired New York State license plates will not be removed from a vehicle that has been reported stolen. IF PLATES ARE REMOVED FROM A DERELICT VEHICLE UNIFORMED MEMBER OF THE SERVICE 4. 5. 6. 7. COMMAND CLERK 8. Prepare REGISTRATION PLATE REMOVAL NOTICE (PD571-120). a. Fold form at the perforation over the carbon paper and then enter all required information as per captions on Part 2 of NOTICE. b. Enter word DERELICT above words “Part 2” in lower left corner. c. Enter registered owner’s name, address, city, state and zip code as required by captions on reverse side of Part 1. Place Part 2 of NOTICE on vehicle windshield. Enter the date and precinct on EXPIRED NEW YORK STATE PLATE REMOVAL STICKER (PD571-124) and affix to driver’s side window. If window is broken, affix on roadway side of vehicle in conspicuous, easily observable location. Deliver Part 1 of NOTICE and plates to desk officer. Notify Stolen Property Inquiry Section of: a. Date and time plates removed b. Location of vehicle c. Year and make of vehicle d. Vehicle Identification Number e. Registration plate number, month and year of expiration f. Name and address of registered owner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-30 REVISION NUMBER: PAGE: 08/01/13 2 of 3 REMOVAL OF EXPIRED NYS REGISTRATION PLATES DESK OFFICER 9. 10. 11. TELEPHONE SWITCHBOARD OPERATOR 12. 13. Forward in next Department mail, Part 1 (post card) of REGISTRATION PLATE REMOVAL STICKER to Mail and Distribution Unit for mailing. Deliver plates to registered owner or representative at command upon presentation of current registration certificate and sticker for vehicle. Assign uniformed member of the service to ascertain if vehicle remains at same location five days after plates were removed from vehicle. Request local District Office of Department of Sanitation, by telephone, to remove vehicle if said vehicle remains at original location. Record name of person notified on HIGHWAY CONDITION RECORD (PD311-151). IF VEHICLE IS ABANDONED UNIFORMED MEMBER OF THE SERVICE 14. 15. 16. 17. 18. 19. Prepare REGISTRATION PLATE REMOVAL NOTICE. Place Part 2 of NOTICE on windshield of vehicle. Notify desk officer of all facts and action taken. Prepare PROPERTY CLERK INVOICE (PD521-141). Comply with appropriate sections of Rotation Tow Program. Deliver Part 1 of NOTICE and registration plates to desk officer. COMMAND CLERK 20. Notify Stolen Property Inquiry Section of: a. Date and time plates removed. b. Location of vehicle. c. Year and make of vehicle. d. Vehicle Identification Number. e. Registration plate number, month and year of expiration. f. Name and address of registered owner. DESK OFFICER 21. 22. 23. 24. 25. 26. Notify next participating tow operator in Rotation Towing Program. Safeguard registration plates in Property Locker. Deliver plates to registered owner or representative at command upon presentation of current valid registration and vehicle sticker. Make entry concerning delivery to owner in appropriate section of Expired Registration Plate Log and under appropriate captions on PROPERTY CLERK INVOICE. Have two copies of report prepared on OFFICIAL LETTERHEAD (PD158-151) addressed to Commissioner of Motor Vehicles, listing registration plates removed from abandoned/derelict vehicles and not claimed by the registered owner or representative within seven days. Assign member of the service (uniformed or civilian) to destroy registration plates not claimed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-30 NOTE REVISION NUMBER: PAGE: 08/01/13 3 of 3 Plates must be destroyed by cutting them in half utilizing shears, which are maintained at the desk. The desk officer must personally supervise destruction of plates. DESK OFFICER 27. (continued) NOTE Prepare a report, in duplicate, after plates are destroyed, on OFFICIAL LETTERHEAD, addressed to the Commissioner of Motor Vehicles, c/o Enforcement Section, Room 200c, 155 Worth Street, New York, NY and include: a. Plate number b. Name and address of registrant c. For each plate number - the number of plates destroyed (either one or two) d. Method used to destroy plate(s) (1) Shears have been provided to all patrol precincts to cut plates in half e. Name of recipient of the scrap metal (1) In N.Y.C., the Department of Sanitation is the recipient f. Date of destruction g. Signature of desk officer and date. The original copy of the report will be forwarded via Department mail. The duplicate will be filed in the command that destroyed the plate(s). 28. ADDITIONAL DATA File copy of report. PROPERTY CLERK INVOICE is NOT prepared when registration plates are removed from a derelict vehicle in accordance with this procedure. Upon observing an OCCUPIED VEHICLE on a street, highway, or other public place with expired New York State registration plates and/or no registration sticker, the uniformed member of the service will, in addition to other required police action, remove the vehicle to the stationhouse and comply with the provisions of P.G. 218-12, “Safeguarding Vehicles in Police Custody.” Derelict autos will be processed in accordance with provisions of P.G. 214-29, “Derelict Vehicles Bearing New York State Registration Plates,” when plates have not expired. RELATED PROCEDURES Safeguarding Vehicles in Police Custody (P.G. 218-12) Derelict Vehicles Bearing New York State Registration Plates (P.G. 214-29) FORMS AND REPORTS HIGHWAY CONDITION RECORD (PD311-151) PROPERTY CLERK INVOICE (PD521-141) OFFICIAL LETTERHEAD (PD158-151) REGISTRATION PLATE REMOVAL NOTICE (PD571-120) EXPIRED NEW YORK STATE REMOVAL STICKER (PD571-124) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-31 REMOVAL OF VEHICLES FROM PARKWAYS, HIGHWAYS AND EXPRESSWAYS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To reduce congestion and increase safety on controlled access highways. PROCEDURE Upon arriving at the scene of a disabled vehicle impeding traffic on a highway, parkway, expressway, etc., and the vehicle is unattended or the owner or person in charge of the vehicle refuses to hire the franchised towing service: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. NOTE Ascertain from Communications Section if vehicle is wanted on an alarm. a. Take appropriate action if vehicle is wanted. Advise owner or person in charge of vehicle who refuses to hire tow car that: a. Administrative Code, Section 20-511, subdivision q, requires that the vehicle be removed from the highway. b. Vehicle will be removed to place of business of the tow car operator. c. Tow car owner is entitled by law to charge towing and storage fees. d. Vehicle owner or his representative will be required to appear at precinct of occurrence with current vehicle registration certificate and obtain a written release prior to reclaiming vehicle from tow car operator’s place of business. Advise owner or person in charge of vehicle who refuses to hire authorized tow car to remove from vehicle personal property before vehicle is towed. If vehicle is unattended or owner or person in charge refuses to remove personal property, list such property in ACTIVITY LOG (PD112-145), call attention of tow car operator to listed property and have tow car operator sign ACTIVITY LOG. Do not remove property from vehicle. 4. 5. 6. DESK OFFICER 7. 8. 9. 10. Record in ACTIVITY LOG: a. Make, year and color of vehicle b. Registration plate number, state and year c. Location from which towed d. Towing service name, address and medallion number of tow car e. Name and address of owner or person in charge of vehicle at scene. Sign tow car operator’s authorization to tow vehicle if owner or person in charge refuses to hire tow car or vehicle is unattended. Deliver copy of “Authorization to Tow” form to desk officer. Notify Stolen Property Inquiry Section immediately of details concerning removal. Ascertain ownership of vehicle if owner not present at scene. Notify owner, if not present at scene, of location where vehicle stored and that registration certificate must be presented at precinct to obtain release for vehicle. Enter details of removal in Command Log. a. Include information listed in step four above and identity of uniformed member of service, the registered owner, and member at Stolen Property Inquiry Section notified. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-31 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 11. (continued) 2 of 2 File “Authorization to Tow” form in Property Receipt Book. WHEN VEHICLE OWNER OR HIS REPRESENTATIVE APPEARS AT STATIONHOUSE TO OBTAIN RELEASE: DESK OFFICER 12. 13. 14. 15. 16. 17. 18. Inspect Command Log entry. Examine registration certificate. Question claimant to determine if vehicle reported stolen. a. Ensure that alarm, if any, is canceled before preparing release for vehicle. Have COMPLAINT REPORT (PD313-152) prepared if vehicle stolen but not yet reported: a. Note under details that vehicle is recovered b. Close COMPLAINT REPORT unless additional investigation is required c. Telephone facts to precinct concerned if theft occurred in another command. Have two copies of release, addressed to Tow Car Service, prepared on OFFICIAL LETTERHEAD (PD158-151) including: a. Name and address of owner or representative who will claim vehicle b. Make, color, registration number of vehicle c. Time, date and location from which removed. Have claimant sign second copy of release and file in Property Receipt Book. Give original copy to claimant and inform him that tow and storage charges must be paid to tow car owner. ADDITIONAL DATA Highway District vehicles equipped with “protective bumper guards” may push disabled vehicles obstructing active traffic lanes to the nearest location where they may be parked safely. Under no circumstances will disabled vehicles be pushed to repair shops or onto private property. FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) OFFICIAL LETTERHEAD (PD158-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-32 DISCARDED REFRIGERATORS, FREEZERS AND OTHER SELF LOCKING CONTAINERS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To prevent injury to children. PROCEDURE Upon finding a refrigerator, freezer or other self locking container in a place accessible to the public: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. Direct person responsible, if known, to remove the door, door latch or latch stop. a. If owner known and refuses to comply, make arrest. Remove the door, door latch, or latch stop if tools are available and owner unknown. Summon Emergency Service Unit through the Communications Section if unable to make device safe. EMERGENCY SERVICE UNIT CREW 4. 5. 6. Respond to location. Remove the door, door latch, or latch stop. Make entry in ACTIVITY LOG (PD112-145) of time and location. UNIFORMED MEMBER OF THE SERVICE 7. Make entry in ACTIVITY LOG of facts, including names of Emergency Service Unit members who responded to scene. FORMS AND REPORTS ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-33 CARE AND DISPOSITION OF ANIMALS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To properly investigate complaints involving dangerous animals/dogs requiring a police response. SCOPE It is the intent of this procedure to ensure that all complaints of dangerous animals/dogs are recorded properly and reported to the New York City Department of Health and Mental Hygiene, as well as to provide for the safe and humane handling of such animals when encountered by members of the service. This includes animals that are owned, wild, lost or stray, abandoned, or used for fighting or intimidation purposes. If the animal is gone upon arrival of member of service at the scene, a DANGEROUS ANIMAL/BITE REPORT (PD311-152) must still be prepared, regardless of whether or not a person has been injured by the animal. Offenders engaging in animal cruelty will be arrested and processed for a DESK APPEARANCE TICKET, if eligible. DEFINITIONS ANIMAL – Shall mean mammals, amphibians, reptiles, birds or insects. DANGEROUS ANIMAL – For the purpose of this procedure, a dangerous animal shall mean any animal which menaces, threatens, attacks or bites a person. A dangerous animal can also be a wild animal which is defined as any animal naturally inclined to do harm and capable of inflicting harm upon human beings. DANGEROUS DOG – Shall mean any dog: a. That when unprovoked, approaches, or menaces any person in a dangerous or terrorizing manner, or in an apparent attitude of attack, upon the streets, sidewalks, or any public grounds or places; OR b. With a known propensity, tendency or disposition to attack when unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; OR c. Which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal, without provocation on public or private property; OR d. Owned or harbored primarily, or in part, for the purpose of dog fighting or any dog trained for dog fighting. PROCEDURE When a uniformed member of the service responds to a complaint involving a dangerous animal/dog, regardless of whether or not a person was injured by the animal: UNIFORMED MEMBER OF THE SERVICE 1. 2. Have Communications Section request a unit from the Animal Care and Control of New York City (A.C. & C.) respond to the scene, if the animal presents a danger or may have been left uncared for. Prepare DANGEROUS ANIMAL/BITE REPORT (PD311-152) and, if required, AIDED REPORT WORKSHEET (PD304-152b), in all instances in which response to or becoming apprised of an incident involving an animal bite and/or dangerous animal and include the SPRINT number on forms. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-33 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 4 Animal Care and Control of New York City (A.C. & C.) Animal Rescue Units are in service Monday through Friday from 0800 to 2000 hours. The Brooklyn A.C. & C. of New York City control center is open twenty four hours, seven days a week to uniformed members of the Department. All other borough control centers are open during business hours, Tuesday through Saturday. Members of the service who require emergency assistance from A.C. & C. of New York City between 2000 and 0800 hours weekdays and twenty four hours a day on weekends and holidays should contact the Operations Division, providing pertinent details and the name of the contact person at the scene. Operations Division personnel will then notify an A.C. & C. of New York City member who is on-call to respond for emergencies and/or to provide instructions. UNIFORMED MEMBER OF THE SERVICE (continued) 3. 4. 5. Request an Emergency Services Unit to respond to the scene, if response by A.C. & C. of New York City cannot be made expeditiously (fifteen to thirty minutes) or cannot be ascertained, or if animal’s owner or person in control of a premises where animal is located is arrested, hospitalized, etc., and no one is able to provide for the animal’s care. Deliver animal to an A.C. & C. of New York City representative, if A.C. & C. of New York City responds to the scene. Request patrol supervisor to respond to the scene. EMERGENCY SERVICE UNIT 6. Secure the animal and prepare it for transportation by RMP to an A.C. & C. of New York City facility, as appropriate. PATROL SUPERVISOR 7. Assign resource to transport animal to an A.C. & C. of New York City facility, if necessary. NOTE When it is necessary to transport an animal to an A.C. & C. of New York City facility, direct that a kennel be brought to the scene from the command concerned. If necessary, additional kennel(s) may be requested from an adjoining command or the patrol borough concerned. Under no circumstances shall an animal be placed into the trunk of a Department vehicle. MEMBER ASSIGNED TO TRANSPORT 8. NOTE Members of the service delivering any animal to an A.C. & C. of New York City facility must be able to articulate the circumstances surrounding the reasons for the animal coming into police custody, including the owner’s name and address, if known. UNIFORMED MEMBER OF THE SERVICE 10. 9. 11. 12. Place kennel into the backseat of RMP. a. Remove rear seat from vehicle, if necessary. Transport animal to an A.C. & C. of New York City facility. a. Obtain receipt from A.C. & C. of New York City and deliver to desk officer. Take appropriate enforcement action against owner or person in possession of animal and remove to command, if necessary. Report facts to desk officer. Deliver DANGEROUS ANIMAL/BITE REPORT and AIDED REPORT WORKSHEET, if prepared, to desk officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-33 REVISION NUMBER: PAGE: 08/01/13 3 of 4 NOTE Department form DANGEROUS ANIMAL/BITE REPORT will be prepared in EVERY instance of a dangerous animal condition whether the animal is taken into custody or not. This form will assist the New York City Police Department and the Department of Health and Mental Hygiene in tracking dangerous animal complaints. UNIFORMED MEMBER OF THE SERVICE (continued) 13. 14. DESK OFFICER 15. 16. 17. 18. 19. ADDITIONAL DATA Process offender for DESK APPEARANCE TICKET, if eligible. a. Include copy of DANGEROUS ANIMAL/BITE REPORT, if prepared, in DAT ARREST PACKAGE (PD260-123). Enter facts in ACTIVITY LOG (PD112-145). Review and sign DANGEROUS ANIMAL/BITE REPORT and distribute as delineated on form. Forward the Department of Health and Mental Hygiene copy of DANGEROUS ANIMAL/BITE REPORT via the Mail and Distribution Unit. Notify Department of Health and Mental Hygiene by telephone of human exposure to a rabid animal, an animal suspected of being rabid, and/or an animal that has bitten, scratched, or abraded a human being. Notify Department of Health and Mental Hygiene by telephone if animal or owner is located after DANGEROUS ANIMAL/BITE REPORT has been forwarded. File command copy of DANGEROUS ANIMAL/BITE REPORT. Pursuant to Article 26, Agriculture and Markets Law, Section 371, of New York State entitled “Power of Police Officer,” police officers may arrest any person violating any provisions of this article and may lawfully take animals into custody to prevent the perpetration of any act of cruelty upon any animal. Upon arrest for such violation, the arresting officer will issue, except for those offenses designated as Unclassified Felonies, a DESK APPEARANCE TICKET if qualified, returnable to Criminal Court (see P.G. 20827, “Desk Appearance Ticket - General Procedure”). For purposes of this procedure, applicable sections of Article 26, Agriculture and Markets Law are: a. Section 351 - Prohibition of Animal Fighting - Section 351.(2) Unclassified Felony, Section 351.(3 & 4) - Unclassified Misdemeanor. b. Section 353 - Overdriving, Torturing, and Injuring Animals; Failure to Provide Proper Sustenance - Unclassified Misdemeanor. c. Section 353-a - Aggravated Cruelty to Animals - Unclassified Felony. d. Section 355 - Abandonment of Animals - Unclassified Misdemeanor. e. Section 356 - Failure to Provide Proper Food and Drink to Impounded Animal - Unclassified Misdemeanor. f. Section 359 Carrying Animal in a Cruel Manner - Unclassified Misdemeanor. g. Section 360 Poisoning or Attempting to Poison Animals - Unclassified Felony (horses, mules or domestic cattle); Unclassified Misdemeanor (all other animals). h. Section 361 - Interference With or Injury to Certain Domestic Animals Unclassified Felony. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-33 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 i. Section 365 - j. Section 368 - k. Section 374 - 4 of 4 Clipping or Cutting the Ears of Dogs - Unclassified Misdemeanor. Operating Upon Tails of Horses Unlawful - Unclassified Misdemeanor. Humane Destruction or Other Disposition of Animals Lost, Strayed, Homeless, Abandoned or Improperly Confined or Kept Unclassified Misdemeanor. For the purpose of this procedure, applicable sections of Title 17, New York City Administrative Code are: a. Section 17-343 - Acquisition of a Dangerous Dog Prohibited. b. Section 17-346 - Confiscation and/or Confinement of a Dangerous Dog. c. Section 17-351 - Enforcement. All three Administrative Code sections cited are Unclassified Misdemeanors. Uniformed members of the service should be cognizant of the indication of rabies and should use extreme care when approaching animals. In the event of any animal bite, or contact with an animal’s saliva, members should seek immediate medical attention. USE OF FORCE/DEADLY PHYSICAL FORCE The use of physical force against any animal will be used ONLY to the extent that such force is necessary to prevent harm or injury to such animal, other animals, or persons. P.G. 203-12, “Deadly Physical Force” mandates that deadly physical force is necessary as a LAST RESORT when such animal: a. b. Appears to be too dangerous to control, OR Poses an imminent threat of physical injury to a human being. Before using deadly physical force, every attempt will be made to use other reasonable means to contain threats from dangerous animals. In those instances where uniformed members of the service develop information to indicate a dangerous dog will be encountered at a particular location (e.g., an apartment where a warrant is to be enforced, etc.), the Emergency Service Unit’s Canine Team should be conferred with (twenty-four hours) for their assistance. RELATED PROCEDURES Desk Appearance Ticket - General Procedure (P.G. 208-27) Deadly Physical Force (P.G. 203-12) FORMS AND REPORTS DESK APPEARANCE TICKET ACTIVITY LOG (PD112-145) DAT ARREST PACKAGE (PD260-123) AIDED REPORT WORKSHEET (PD304-152b) DANGEROUS ANIMAL/BITE REPORT (PD311-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-34 POLICE ACTION IN PREMISES (LICENSED OR UNLICENSED) WHERE ALCOHOLIC BEVERAGES ARE SOLD DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To notify the Organized Crime Control Bureau (OCCB), Field Operations Desk, Narcotics Division and the State Liquor Authority of founded complaints regarding premises where alcoholic beverages are sold. PROCEDURE When any of the following events occur in connection with a premises, licensed or unlicensed, in which alcoholic beverages are sold: a. Arrest in premises, or elsewhere, resulting from action originating in premises b. Summons served on premises, or on employee, for violation related to premises c. Complaint concerning premises, or vicinity of premises and cause originated in premises, which was investigated and resulted in corrected condition d. Condition or police action directly concerning the operation of the premises which should be brought to the attention of the State Liquor Authority, Department of Buildings, Fire Department, or any other City agency. UNIFORMED MEMBER OF THE SERVICE CONCERNED 1. 2. 3. 4. 5. PATROL SUPERVISOR 6. 7. NOTE Request patrol supervisor to respond. a. If patrol supervisor is not available, contact desk officer and comply with instructions. Advise patrol supervisor of the facts. Take summary action if offense committed in presence and be guided by P.G. 208-03, “Arrests - General Processing” and P.G. 207-08, “Preliminary Investigation of Vice, Narcotics or Organized Crime-Related Offenses.” Make complete entries in ACTIVITY LOG (PD112-145). Notify the Organized Crime Control Bureau, Field Operations Desk when: a. Premises is selling alcohol without a liquor license, AND/OR b. Premises is operating after hours. Respond to the scene and determine appropriate police action to be taken. a. Notify the Department of Buildings, Fire Department or the appropriate City agency of apparent code violations. Prepare POLICE ACTION LICENSED/UNLICENSED PREMISES (PD310-150) report. a. Prepare additional copy of report marked "Department of Consumer Affairs" if arrest involved a cabaret, public dance hall, catering establishment, or bowling alley b. Prepare one additional copy of report for commanding officer of precinct where premises is located, if action or condition originated in another command c. File one copy of report at command. Whenever the uniformed member concerned is assigned to Organized Crime Control Bureau, such member's commanding officer will prepare and forward the required POLICE ACTION LICENSED/UNLICENSED PREMISES report. A copy of the report will be forwarded to the commanding officer, precinct of occurrence. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-34 PATROL SUPERVISOR (continued) REVISION NUMBER: PAGE: 08/01/13 8. 9. 10. 11. 2 of 3 Direct undercover agent (e.g., auxiliary police officer, etc.) to complete AFFIDAVIT OF SALE OF ALCOHOL (PD326-060), if police action involves the sale of alcohol to a minor or an undercover member. a. Have one copy of AFFIDAVIT filed in arrest folder. Notify desk officer, precinct of occurrence of facts. Forward POLICE ACTION LICENSED/UNLICENSED PREMISES with additional copies of report and original AFFIDAVIT OF SALE OF ALCOHOL, if prepared, to commanding officer. Advise commanding officer of facts regarding police action. DESK OFFICER 12. Enter facts in Command Log. COMMANDING 13. 14. OFFICER Verify that desk officer, precinct of occurrence, was notified, if necessary. Review and sign POLICE ACTION LICENSED/UNLICENSED PREMISES. Ensure POLICE ACTION LICENSED/UNLICENSED PREMISES report is forwarded, DIRECT, to Commanding Officer, Narcotics Division, One Police Plaza, Room 1100, with the following: a. Copies of any summonses issued in regards to police action b. Original AFFIDAVIT OF SALE OF ALCOHOL, if prepared. Ensure a copy of POLICE ACTION LICENSED/UNLICENSED PREMISES report, if prepared, is forwarded to the following: a. NYC Department of Consumer Affairs b. Precinct commanding officer where premises is located. 15. 16. NARCOTICS DIVISION 17. ADDITIONAL DATA The "Details" section of POLICE ACTION LICENSED/UNLICENSED PREMISES must be very specific. It must include a statement that the owner or operator was aware of the offense and indicate circumstances that demonstrated actual or implied knowledge on the part of the owner or operator. Include the following information, when pertinent: 1. Employment of a person under eighteen years of age, or serving alcoholic beverages to a person under twenty one years of age: a. Name, address and age b. How age was ascertained c. If enforcement was for the sale of alcohol to a minor, what type of alcohol was purchased (size of container, brand, and cost) d. If undercover agent was used, his/her title, age, date of birth, and a statement that the arresting/summonsing officer witnessed the sale. 2. Sale of alcohol to intoxicated person: a. Description of drunken behavior b. Type of beverage served after condition was observed by arresting officer. 3. Gambling: a. Whether defendant is an employee of premises and in what capacity b. Name of person in charge c. If gambling device was involved, indicate how used. Forward copy of POLICE ACTION LICENSED/UNLICENSED PREMISES report to the State Liquor Authority. NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-34 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 4. 5. 6. 3 of 3 Sale of alcoholic beverages during prohibited hours: a. Type of beverage b. Time of violation and arrest. Prostitution: a. Period of time observed b. Behavior of persons with males or females and number of times males and/or females left and returned c. Name of person permitting violation by direct knowledge or by action of male(s)/female(s). Narcotics: a. Circumstances b. Name and title of person in charge who knowingly permitted violation. RELATED PROCEDURES Preliminary Investigation of Vice, Narcotics or Organized Crime-Related Offenses (P.G. 207-08) Arrests - General Processing (P.G. 208-03) FORMS AND REPORTS ACTIVITY LOG (PD112-145) POLICE ACTION LICENSED/UNLICENSED PREMISES (PD310-150) AFFIDAVIT OF SALE OF ALCOHOL (PD326-060) NEW y YORK y CITY y POLICE y DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-35 PROCESSING QUALITY OF LIFE COMPLAINTS USING THE 311 TERMINAL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To ensure Quality of Life complaints received through the 311 terminal and/or telephone switchboard are handled efficiently by members of the service. PROCEDURE When a Quality of Life complaint has been received through the 311 terminal and/or telephone switchboard: TELEPHONE SWITCHBOARD OPERATOR 1. 2. 3. 4. Record Quality of Life complaints received via telephone on the TELEPHONE DISPATCH LOG (PD112-143). Review the 311 terminal for duplication of requests for service received via telephone and provide disposition on terminal and TELEPHONE DISPATCH LOG when appropriate. Have Quality of Life complaint(s) generated through the 311 terminal or telephone switchboard requiring investigation dispatched as a command assignment. Enter final dispositions on the TELEPHONE DISPATCH LOG of calls received via the telephone switchboard. NOTE Quality of Life calls received at the telephone switchboard will be recorded in the TELEPHONE DISPATCH LOG and the desk officer will assign an available unit to respond. In addition, the caller will be advised to call 311 directly to report any future Quality of Life complaints. If a call is received at the telephone switchboard which requires a referral to another city agency, the caller will be directed to call 311 immediately. MEMBER OF SERVICE ASSIGNED 5. 6. 7. 8. 9. Notify Communications upon receipt of a 311 assignment (code 10-61) including location to which responding. Respond to assignment as expeditiously as possible, except if on emergency assignment. Promptly notify Communications upon completion of assignment. Notify desk officer of disposition for completed assignments. Deliver completed assigned 311 calls worksheet to the desk officer by the end of tour. Final dispositions must be indicated. NOTE A notification of the disposition for completed assignments must be made to the desk officer immediately upon completion. 311 assignments not completed by the end of tour will be returned to the desk officer for priority assignment to the next platoon. PATROL SUPERVISOR 10. NOTE Patrol supervisors should be cognizant that 311 calls should be handled as expeditiously as possible and adequate supervision of members of the service should be maintained at all times. Monitor performance of members of the service assigned to 311 calls. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-35 13. Ensure that 311 terminal located at the desk is monitored and assignments dispatched expeditiously. a. Check terminal at least every hour for any Quality of Life jobs received at the hotline. Ensure Command Log entries are made at the beginning and at the end of tour to verify the terminal was checked for jobs. Ensure that all calls referred from the hotline receive an appropriate response and that the dispositions are recorded properly. Any Quality of Life complaint that generates five or more calls within an eight hour period will be assigned to an appropriate unit/sector for an immediate 311 response. Requests for service will be dispatched as expeditiously as possible by the desk officer as resources become available with the exception of those deferred to the special operations lieutenant or those that require an immediate response. These types of calls should be finalized as quickly as possible. 14. 15. 16. NOTE 2 of 4 In addition, there will be an audible and visual alert when a new job arrives. 12. NOTE PAGE: 08/01/13 11. PLATOON COMMANDER/ DESK OFFICER NOTE REVISION NUMBER: Print two hard copies of 311 calls for each assignment that should be handled by the platoon and instruct member(s) assigned to return the completed form with a disposition by the end of tour. Accept assignments that could not be completed during the tour and reassign them to the outgoing platoon. Determine whether the job can be handled during the tour or requires referral to the special operations lieutenant. Assignments that are either referred to the special operations lieutenant and/or require the assistance of another governmental agency will be classified as deferred or open, as appropriate. Conditions that are no longer occurring because of limited duration (such as noise complaints from a street fair, party, etc.) for which an immediate response was not available, or when the condition is no longer occurring, will be closed with the appropriate disposition(s). 17. 18. Maintain one hard copy of all 311 complaints assigned during the tour. a. Record the member(s) of the service assigned on each complaint dispatched. Enter all applicable dispositions: a. summons b. arrest c. report prepared (select appropriate report from drop down menu) d. condition corrected (specify) e. referred (specify unit/agency) f. unfounded g. gone on arrival h. no violation i. improper referral j. other (requires detailed explanation) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-35 PAGE: 08/01/13 19. PLATOON COMMANDER/ DESK OFFICER (continued) NOTE REVISION NUMBER: 3 of 4 File completed hard copy by date received in a binder at the desk and assign page number. At the conclusion of each month, the completed 311 assignment hard copies will be removed from the binder and filed with the completed TELEPHONE DISPATCH LOG. Desk officers will verify that both copies are stored together in a secure place. 20. SECOND PLATOON DESK OFFICER Review terminal at 0800 hours daily for previous twenty four hours and account for all dispositions. Any discrepancies will initiate an investigation to determine if assignment was finalized by unit assigned, properly handled and/or properly referred to a specialized unit (e.g., Community Policing Unit via the special operations lieutenant.) NOTE Desk officers on all platoons will ensure assignments that are handled by their specific tours are finalized with the proper disposition. SPECIAL OPERATIONS LIEUTENANT 21. 22. 23. 24. 25. INTEGRITY CONTROL OFFICER 26. 27. 28. COMMANDING 29. OFFICER 30. 31. 32. Review 311 complaints deferred to the special operations lieutenant and ensure appropriate response. Ensure dispositions are reported properly. Implement plan utilizing command resources. a. If necessary, utilize other Department units and/or other government agencies to address issues. Establish and update as necessary a list of locations of 311 assignments deferred to the special operations lieutenant by address and complaint. a. Maintain a copy of the list at the desk. Ensure that the appropriate disposition is entered for a complaint that has been addressed. a. The disposition will be changed from deferred to the appropriate disposition code (i.e., report prepared, unfounded, arrest). Conduct investigation and confer with special operations lieutenant, desk officer and the commanding officer regarding integrity of 311 assignments. Conduct random inspections, as necessary, to ensure proper dispositions and compliance with reporting requirements and system integrity. Monitor outstanding dispositions. Review terminal for appropriate response and disposition to ensure assignments are handled during the tour or as per the desired plan of action. Confer with the integrity control officer and desk officer regarding outstanding dispositions. Implement self-inspection procedures to ensure compliance with 311 assignments. Ensure a list of locations deferred to the special operations lieutenant is maintained at the desk. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-35 REVISION NUMBER: PAGE: 08/01/13 4 of 4 PATROL BOROUGH ADJUTANT/ HOUSING BUREAU/ TRANSIT BUREAU DESIGNATED SUPERVISOR 33. NOTE Patrol Services Bureau is responsible for developing a contingency plan. ADDITIONAL DATA 34. 35. Provide additional resources as needed to assist the commanding officers, and subordinate commands if requested. Ensure subordinate commands are monitored to determine if 311 assignments are being handled properly and dispositions entered in a timely manner. Ensure that proper training is conducted and that subordinate commands are entering the appropriate disposition codes for 311 assignments. ACCESS TO 311 ANONYMOUS CALLER INFORMATION The 311 System was designed to allow callers to remain anonymous and the Department has a responsibility to protect this anonymity. However, the Mayor’s Department of Information Telecommunications and Technology (DoITT) has a confidentiality policy that allows the Department access to anonymous caller information when there is a bonafide reason to do so. Accordingly, when there are instances where additional caller information is necessary to properly address and/or correct a condition, the commanding officer, executive officer, and the special operations lieutenant of a precinct, PSA, or transit district will have the authority to access the 311 System and retrieve additional caller information. The circumstances under which a command may access anonymous caller information are limited to and will only be utilized when all other means to investigate and/or correct the condition have been exhausted and there is a demonstrable need to gather additional information or intelligence to address a condition. Instructions on how to use the 311 terminals to access anonymous caller information can be obtained from the Patrol Services Bureau, Housing Bureau, and Transit Bureau. Steps will be taken by commanding officers to ensure that the identity of the caller is not, under any circumstances, revealed or provided to any individual or parties against whom the Quality of Life concern is directed. Access to anonymous caller information must be for legitimate purposes, as outlined above, by the authorized members of the service listed within this procedure. Any member of service who knowingly or willingly violates the confidentiality of an anonymous 311 caller will be subject to disciplinary action. Command Integrity Control Officers will submit a Typed Letterhead to the Chief of Patrol’s Resource Management Section in order to obtain passwords for the 311 terminals. If there are any questions, the Resource Management Section can be contacted. FORMS AND REPORTS TELEPHONE DISPATCH LOG (PD112-143) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-36 RESPONSE TO COMPLAINTS OF VIOLATION OF NEW SMOKING BAN IN NEW YORK CITY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PROCEDURE When a member of the service is advised by a member of the public that the new Smoke-Free Air Act is being violated. MEMBER OF THE SERVICE 1. NOTE If a person in charge of a public premise has ordered a person to leave and such person refuses, members of the service may take proper enforcement action (i.e. Trespass). Uniformed members of the service may encounter situations in which a person in charge of a public premise seeks assistance in preventing person(s) from violating the SmokeFree Air Act. In such situations, uniformed members of the service should take appropriate enforcement action under the trespass statues (i.e., Penal Law Sections 140.05 and 140.10) if the person in charge of the public premise orders the violator to leave the premise and the violator refuses to leave. ADDITIONAL DATA With respect to public places, smoking is prohibited in all enclosed or indoor areas of public places, defined as any area to which individuals other than employees are invited or permitted. Smoking is also prohibited in specified outdoor locations: playgrounds; day care centers; children's institutions; and sports and recreation areas where outdoor seating or viewing areas are assigned by issuance of tickets. If there are no other violations involved, direct complainant to call 311 to have complaint forwarded to the Department of Health. a. Violations of this chapter are only enforced on a “Notice of Violation Returnable to the Department of Health” to be issued by agents from The Department of Health, Department of Consumer Affairs, Department of Environmental Protection, Fire Department, Sanitation Department and The Buildings Department. The smoking ban does not apply to: hotel and motel rooms, private vehicles, private homes (except homes in which a day care or health care facility is being operated), and retail tobacco stores. Separate smoking rooms may be established in residential health care or day treatment facilities for use by patients only, with the approval of the Fire Commissioner. If approved by the Health and Mental Hygiene Department, smoking is permitted in membership associations (where the members themselves provide all services without compensation) and tobacco bars. Smoking is permitted in sidewalk cafes with no roof or other ceiling enclosure, in an area no larger than 25% of the total outdoor seating capacity, at least three feet away from the non-smoking outdoor area, where the area is clearly marked as a smoking area. Enactment of this local law was subsequently complicated by the enactment of a similar State law, Chapter 13 of the Laws of 2003, which takes effect July 24, 2003. Where the State law is more restrictive, it preempts the local law. Therefore, although the local law allows separate smoking rooms in bars and makes an exception for owner operated bars, as of July 24, 2003 they are both prohibited by the State law. Both laws allow a facility to permit smoking at an event for promoting and sampling tobacco products where service of food and drink is incidental. Local law set the limit at five days per year; effective July 24, 2003 the state law lowers that limit to two days per year. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 214-36 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 With respect to any workplace, smoking is prohibited in indoor areas to which the general public does not generally have access. An employer no longer has the option of establishing smoking rooms, and employees no longer have the ability to smoke in a private enclosed office. Smoking is prohibited in company vehicles occupied by more than one person whether or not the occupants consent. Smoking is also prohibited in all vehicles owned by the City. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-37 NEW YORK CITY DEPARTMENT OF BUILDINGS ACCESS WARRANTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To preserve the peace and protect life and property at a building/premises where an inspector from the New York City Department of Buildings is executing an Access Warrant in order to perform a safety inspection. DEFINITION ACCESS WARRANT – a Court Order allowing a member from the New York City Department of Buildings to gain access to a building/premises in order to conduct a safety inspection. PROCEDURE When requested to accompany a member from the New York City Department of Buildings executing an Access Warrant: DESK OFFICER 1. NOTE Review Access Warrant to ensure validity. The desk officer will review the Access Warrant and ensure the warrant has been signed by a Supreme Court judge and has not expired. Once a Court has issued an Access Warrant, the warrant must be executed within the date range specified in the Court Order. 2. 3. Make a Command Log entry consisting of: a. Full name of New York City Department of Buildings inspector b. Index number and issuing court c. Address of location identified on warrant. Request Communications Section to assign an RMP unit to accompany inspector to identified location. UNIFORMED MEMBER OF THE SERVICE 4. NOTE The role of a uniformed member of the service at a scene where an Access Warrant is being executed is to preserve the peace and prevent the commission of a crime. The execution of the Access Warrant is the sole responsibility of the NYC Department of Buildings inspector. Under no circumstances will uniformed members of the service assist in breaking a door or damaging property to effect the warrant and/or to gain access to the premises. If access to the premises is not granted, it will be the responsibility of the New York City Department of Buildings to reschedule the execution of the Access Warrant. 5. Respond to location. 6. 7. Enter premises with New York City Department of Buildings inspector and remain until inspection is completed. Notify desk officer when the inspection is completed. Make appropriate ACTIVITY LOG (PD112-145) entry. DESK OFFICER 8. Make Command Log entry indicating the time inspection was completed. FORMS AND REPORTS ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Quality Of Life Matters Procedure No: 214-38 INSPECTIONS OF PAWNBROKERS AND SECOND-HAND DEALERS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To establish a systematic inspection of pawnbrokers and second-hand dealers by patrol precincts. DEFINITIONS ELECTRONIC REPORTING SYSTEM - A confidential, Internet-based reporting system, into which pawnbrokers and second-hand dealers may record their inventory and transactions. PAWNBROKER - A person or business engaged in the loaning of money on deposit or pledge of personal property, or the purchasing of personal property on the condition of selling it back at a stipulated price. SECOND-HAND DEALER - Any person who in any way or as a principal broker or agent deals in the purchase or sale of second-hand articles of any nature. SCOPE All pawnbrokers and second-hand dealers are required to report on specified Department forms all articles pawned, purchased, or sold. Pawnbrokers and secondhand dealers participating in, and actively uploading transactions to, this Department’s authorized Electronic Reporting System are exempt from the requirement of manually filling out and preserving logs for inspection. By actively uploading their transactions on a daily basis, participating stores are allowing their records to be inspected via the Electronic Reporting System. Stores are requested to upload the day’s transactions by the close of business each day. PROCEDURE When designated to perform inspections of pawnbrokers/second-hand dealers by a competent authority: COMMANDING 1. OFFICER Designate special operations lieutenant as the primary coordinator of the command’s pawnbroker/second-hand dealer inspection program. a. Assign an alternate supervisor to coordinate program, in absence of special operations lieutenant. 2. Maintain an updated list of all pawnbrokers and second-hand dealers operating within confines of precinct. a. Divide list into two separate categories, delineating between the stores which keep records updated using the approved Electronic Reporting System, and those stores which maintain manual records. b. Provide copy of list to: (1) Commanding officer (2) Executive officer (3) Detective zone commanding officer (4) Field intelligence officer (5) Precinct detective squad supervisors (6) Other specialty unit supervisors, as appropriate. c. Revise list quarterly to ensure accuracy. SPECIAL OPERATIONS LIEUTENANT/ DESIGNATED SUPERVISOR NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-38 REVISION NUMBER: PAGE: 08/01/13 2 of 3 SPECIAL OPERATIONS LIEUTENANT/ DESIGNATED SUPERVISOR (continued) 3. Designate appropriate uniformed member(s) of the service as a liaison with pawnbrokers and second-hand dealers. DESIGNATED UNIFORMED MEMBER OF THE SERVICE 4. Provide each pawnbroker and second-hand dealer with copies of SECONDHAND ARTICLES STORE LOG (PD530-141), if store does not participate in the Electronic Reporting System. a. Provide second-hand dealers with copy of INSTRUCTIONS TO DEALERS IN SECOND HAND ARTICLES (PD634-153), in all cases. Visit each store maintaining manual records at least once every ten days, and document visit by signing next unused transaction receipt in the SECONDHAND ARTICLES STORE LOG. Remove precinct detective squad (pink) copy of completed transactions from the SECOND-HAND ARTICLES STORE LOG, if applicable, and immediately deliver to precinct detective squad commander, or in his/her absence, another precinct detective squad supervisor. 5. 6. PRECINCT DETECTIVE SQUAD COMMANDER 7. FIELD INTELLIGENCE OFFICER 9. 8. 10. CRIME PREVENTION OFFICER 11. 12. When applicable, designate a member of the precinct detective squad to perform required computer checks of individuals identified as recidivists, parolees, probationers, or known burglary perpetrators who are selling or pawning items. Ensure prompt investigation is conducted to match potentially stolen property against property previously reported stolen in precinct and surrounding areas. a. Assign a member of detective squad to visit store to request a hold on specified property pending completion of investigation, if necessary. Monitor the Electronic Reporting System on a weekly basis, paying particular attention to repeated transactions by an individual, or other signs indicative of criminal behavior. Disseminate to appropriate units information obtained from the “Persons of Interest” list generated by the Electronic Reporting System. Review list and routinely visit all pawnbrokers and second-hand dealers located in confines of precinct. a. Encourage use of the Electronic Reporting System among stores maintaining manual records. b. Monitor the Electronic Reporting System to ensure that participating stores are uploading data on a daily basis. Ensure integrity of entries made by pawnbroker/second-hand dealer into the SECOND-HAND ARTICLES STORE LOG or Electronic Reporting System, as applicable. a. Request to see last twenty articles purchased or pawned by pawnbroker/second-hand dealer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 214-38 CRIME PREVENTION OFFICER (continued) ADDITIONAL DATA REVISION NUMBER: PAGE: 08/01/13 b. 3 of 3 Compare the articles to the description as listed in SECOND-HAND ARTICLES STORE LOG or database entry, as applicable. (1) Give special attention to the serial number or International Mobile Equipment Identity (IMEI) number on the article, if any. OPERATIONAL CONSIDERATIONS Pawnbrokers and second-hand dealers are legitimate businesses that provide a service to the city. However, a pawnbroker or second-hand dealer can sometimes unknowingly be serving as a “fence” for unscrupulous criminals to sell their stolen products. Members assigned to perform functions relating to pawnbroker and second-hand dealer inspections are reminded that, while these inspections are designed to uncover administrative violations and are not for the purpose of uncovering criminal activity, any suspected criminal intelligence regarding a pawnbroker or second-hand dealer should be reported as per P.G. 212-12, “Citywide Intelligence Reporting System,” in addition to notifying the special operations lieutenant and precinct detective squad commander. By conducting visits of pawnbrokers and second-hand dealers at least once every ten days, the respective precinct detective squad is provided the minimum amount of time required to conduct a follow-up investigation on select items before the items can be lawfully transferred. Precinct detective squad members will follow existing protocols regarding online follow-up inquiries. The precinct detective squad commander will ensure that intelligence which may affect another precinct (i.e., recently arrested burglary parolee residing in another command) is brought to the attention of the applicable precinct detective squad commander and detective zone commanding officer. LEGAL CONSIDERATIONS Both pawnbrokers and second-hand dealers are licensed by the New York City Department of Consumer Affairs. Additional licenses may be required based on the nature of the business contained therein. The focus of inspections is to ensure compliance with current administrative rules and regulations, and to encourage the development of a mutually cooperative relationship between pawnbrokers/second-hand dealers and this Department. The Legal Bureau can be consulted for a complete list of licenses required for a particular location. RELATED PROCEDURE Citywide Intelligence Reporting System (P.G. 212-12) FORMS AND REPORTS INSTRUCTIONS TO DEALERS IN SECOND HAND ARTICLES (PD 634-153) SECOND-HAND ARTICLES STORE LOG (PD 530-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-01 CARE OF DEPENDENT CHILD DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To obtain care for a dependent child under eighteen due to arrest, hospitalization or death of parent or guardian. PROCEDURE When a dependent child is reported: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. DESK OFFICER 5. Inquire if a relative or friend will care for the dependent child. Notify desk officer if care cannot be provided. Process child as “Child Requiring Shelter.” Prepare AIDED REPORT WORKSHEET (PD304-152b). Notify the Administration for Children’s Services (ACS) borough field office (0900-1700 hours) or the ACS Emergency Children’s Services after business hours, and request that they send a representative to the stationhouse to provide necessary transportation. (See ADDITIONAL DATA, P.G. 215-03, “Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children,” for addresses of Administration for Children’s Services borough field offices and Emergency Children’s Services.) a. If the Administration for Children’s Services or ACS Emergency Children’s Services is unable to provide transportation, assign a female uniformed member of the service, if available, or other available uniformed members, to escort child to the shelter. b. If child left in the care of a relative or friend, notify the Administration for Children’s Services. c. Forward copy of computerized AIDED REPORT to the youth officer in the precinct where child is located, if child is left with relative or friend not residing in the household. RELATED PROCEDURES Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children (P.G. 215-03) Children Or Minors Requiring Shelter (P.G. 215-06) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-02 LOST CHILD DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PURPOSE To locate relatives or friends of a lost child. PROCEDURE When attention is drawn to an apparently lost child: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. DESK OFFICER 5. 6. 7. NOTE PAGE: 08/01/13 1 of 2 Notify desk officer/counterpart and radio dispatcher. Make brief inquiry in vicinity of place where found. Bring child to command if relative not located. Prepare AIDED REPORT WORKSHEET (PD304-152b). Telephone Missing Persons Squad and give description. Complete captions on AIDED REPORT WORKSHEET and process in normal manner: a. Assign female uniformed member of the service to watch child in the command, if available, or other available uniformed member of the service, when necessary. b. Notify youth officer. c. If child is not claimed within a reasonable amount of time, notify the Administration for Children’s Services (ACS) and request that they send a representative to the stationhouse to provide necessary transportation to shelter. (See ADDITIONAL DATA, P.G. 21503, “Emergency Removals Or Investigations And Reporting Of Abused, Neglected Or Maltreated Children,” for addresses of Administration for Children’s Services [ACS] borough field offices and ACS Emergency Children’s Services.) d. If the Administration for Children’s Services is unable to provide transportation, assign a female uniformed member of the service, if available, or other available uniformed members of the service, to escort child to the shelter. e. Inform Missing Persons Squad if child is moved to another location. In cases that could involve abuse, neglect, maltreatment or abandonment, prepare REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154) and related forms, as required, and notify precinct detective squad if the child is eleven years of age or older, OR borough special victims squad if child is under eleven years of age, or an allegation is made of any sex crime to a child less than thirteen years of age. In the Boroughs of Brooklyn and Queens, the appropriate Child Abuse Squad will be notified instead of the Special Victims Squad for cases where the victim is less than eleven years of age, OR less than thirteen years of age and is the victim of any sex crime or attempted sex crime. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-02 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 RELATED PROCEDURES Aided/Accident Cases Unidentified Persons (P.G. 216-03) Emergency Removals Or Investigations And Reporting Of Abused, Neglected Or Maltreated Children (P.G. 215-03) Children Or Minors Requiring Shelter (P.G. 215-06) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-03 EMERGENCY REMOVALS OR INVESTIGATION AND REPORTING OF ABUSED, NEGLECTED, OR MALTREATED CHILDREN DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 12 PURPOSE To protect children from abuse, neglect or maltreatment by instituting emergency removal proceedings if a child is in imminent danger, or conduct an investigation of a potential abuse situation where a child is in no imminent danger, and report the findings to the appropriate authorities. DEFINITIONS INSTANT RESPONSE TEAM (IRT) A team composed of Administration for Children’s Services (ACS) caseworkers and members from the Special Victims/Precinct Detective Squads and/or patrol personnel, as required in certain cases. POLICE ESCORT Allegations of child abuse received by ACS caseworkers may contain information about drugs, guns, or violent incidents in a household. In such cases, the protocol between ACS and the Department requires that ACS caseworkers present themselves to the desk officer in the precinct of occurrence and request a police escort to the location of the alleged incident. The duty of the police assigned to escort duty is to ensure the safety of all concerned and investigate possible criminal activity. ABUSED CHILD (SECTION 1012, FAMILY COURT ACT) Means a child less than eighteen years of age whose parent or person legally responsible for his care: a. Inflicts or allows to be inflicted upon such child, physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ, OR b. Creates or allows to be created, a substantial risk of physical injury to such child other than by accidental means which would be likely to cause death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ, OR c. Commits or allows to be committed, a sex offense against such child as defined in the Penal Law; allows, permits or encourages such child to engage in any act described in Sections 230.25, 230.30, and 230.32 of the Penal Law; commits any of the acts in Section 255.25 of the Penal Law; or allows such child to engage in acts or conduct described in Article 263 of the Penal Law provided, however, that (a) the corroboration requirements contained in the Penal Law (b) the age requirement for the application of Article 263 of such law shall not apply to proceedings under this Article. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-03 DEFINITIONS (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 12 NEGLECTED CHILD (SECTION 1012, FAMILY COURT ACT) Means a child less than eighteen years of age whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent or other person legally responsible for his care to exercise a minimum degree of care: a. In supplying the child with adequate food, clothing, shelter or education in accordance with provisions Part 1 of Article 65 of the Education Law, or medical, dental, optometric or surgical care, though financially able to do so or offered financial or other reasonable means to do so; or b. In providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment; or by misusing a drug or drugs; or by misusing alcoholic beverages to the extent that he loses self-control of his actions; or by any other acts of a similarly serious nature requiring the aid of the court; provided, however, that where the respondent voluntarily and regularly participates in a rehabilitative program, evidence that the respondent has repeatedly misused a drug or drugs or alcoholic beverages to the extent that he, losing self-control of his actions, shall not establish that the child is a neglected child, in the absence of evidence establishing that the child’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired. c. Who has been abandoned, in accordance with the definition and other criteria set forth in subdivision five of Section 384b, of the Social Services Law, by his parents or others persons legally responsible for his care. MALTREATED CHILD (SECTION 412, SOCIAL SERVICES LAW) Includes a child under eighteen years of age: a. Defined as a neglected child by the Family Court Act; b. Who has had serious physical injury inflicted upon him by other than accidental means, OR c. A child under the age of eighteen years of age who is in residential care and whose custodian impairs, or places in imminent danger of becoming impaired, the child’s physical, mental or emotional condition. PERSON LEGALLY RESPONSIBLE (SECTION 1012, FAMILY COURT ACT) Includes the child’s custodian, guardian or any other person responsible for the child’s care at the relevant time. Custodian may include any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or neglect of the child. FAMILY/HOUSEHOLD (AS DEFINED IN FAMILY COURT ACT), INCLUDES PERSONS WHO: a. Are legally married to one another. b. Are related by blood (consanguinity). c. Were formerly legally married to one another. d. Are related by marriage (affinity). e. Have a child in common regardless of whether such persons have lived together at any time NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-03 REVISION NUMBER: PAGE: 08/01/13 3 of 12 DEFINITIONS (continued) f. Are not related by consanguinity (blood) or affinity (marriage) and who are, or have been, in an intimate relationship regardless of whether such persons have lived together at any time. NOTE A common sense standard regarding the totality of the circumstances involving the relationship should be used to determine if an “intimate relationship” exists. Factors a member of the service may consider in determining whether a relationship is an “intimate relationship” include but are not limited to: the nature or type of relationship (the relationship between the involved parties does not have to be sexual in nature to be considered “intimate”); the frequency of interaction between persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals solely in a business, educational, or social context shall be deemed to constitute an “intimate relationship.” If unable to determine if the relationship in question is an “intimate relationship,” the member of the service concerned will request the response of the patrol supervisor. Additional factors that may assist in determining the intimacy of a relationship include, but are not limited to: amount of time spent together in either a work or leisure related capacity, shared expenses and/or finances, extent of interaction with family members, etc. All members of the service are reminded that their primary responsibility is to ensure the immediate and future safety of all parties involved in domestic violence incidents. FAMILY/HOUSEHOLD (EXPANDED DEFINITION) INCLUDES SUBDIVISIONS “A” THROUGH “F” ABOVE, AND PERSONS WHO: g. Are currently living together in a family-type relationship. h. Formerly lived together in a family-type relationship. A family/household thus includes: “common-law” marriages, same sex couples, registered NYC domestic partners, different generations of the same family, siblings, in-laws, persons involved in “intimate relationships”, and persons who live or have lived together in a family-type relationship. PROCEDURE Upon making a reasonable determination that a child has been, is believed to be, or may be abused, neglected or maltreated: WHEN IMMINENT DANGER TO CHILD’S LIFE OR HEALTH EXISTS: UNIFORMED MEMBER OF THE SERVICE 1. Request response of patrol supervisor. NOTE Uniformed members providing a police escort for ACS caseworkers to households where guns, drugs, etc. may be present and/or violent incidents have been reported, must request the response of the patrol supervisor to their location. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-03 REVISION NUMBER: PAGE: 08/01/13 4 of 12 UNIFORMED MEMBER OF THE SERVICE (continued) 2. Remove child from home, with consent of parents, or person legally responsible for care, if reasonable cause to believe continued presence therein presents an imminent danger to the child’s life or health. PATROL SUPERVISOR 3. Direct member to take the child into protective custody without permission if reasonable cause to believe that continued presence of the child in the home is imminently dangerous to life or health and there is not sufficient time to apply for a court order. NOTE An emergency removal without a court order may be performed by the following persons: peace officer, police officer, an agent of a duly incorporated Society for the Prevention of Cruelty to Children, a designated employee of a city or county Department of Social Services. The Family Court Act Sec. 1024 and Social Service Law Sec. 417 give ACS the same powers of removal as police officers. Once any authorized person decides to conduct an emergency removal, no member of this Department will revoke that decision. IF PROBABLE CAUSE EXISTS THAT A CRIME HAS BEEN COMMITTED AGAINST A CHILD BY A FAMILY MEMBER: UNIFORMED MEMBER OF THE SERVICE 4. NOTE The perpetrator arrested will not be eligible for a DESK APPEARANCE TICKET (DAT) (PD260-121) or stationhouse bail. The non-abusing parent/legally responsible person will be encouraged to contact Safe Horizon for services to assist child. Members of the service should recognize that there is a strong correlation between child abuse and domestic violence; therefore, when a uniformed member of the service responds to the scene of suspected child abuse, the member of the service will look for indicators of domestic violence or other family offenses such as an existing order of protection, abuse of spouse, parent, etc. If an existing order has been violated, the member will take appropriate action i.e., effect an arrest or prepare COMPLAINT REPORT WORKSHEET (PD313-152a). 5. Arrest perpetrator, if present, for appropriate offense(s) and comply with the pertinent provisions of P.G. 208-36 “Family Offenses/Domestic Violence.” Prepare a N.Y.S. Domestic Incident Report (DCJS 3321) in ALL cases in which a member of the service responds to OR is apprised of an offense, altercation, disturbance, conflict, or dispute involving members of the same family/household, including any allegation of child abuse, neglect or maltreatment. a. If prepared in response to a radio run, include SPRINT job number on form. b. Give the N.Y.S. Domestic Incident Report (pink and gold copies), to the complainant/victim if present. c. Advise the non-abusing parent/legally responsible person of availability of shelter and other services. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-03 REVISION NUMBER: PAGE: 08/01/13 5 of 12 PATROL SUPERVISOR 6. Direct uniformed member of the service to serve NOTICETEMPORARY REMOVAL OF CHILD AND RIGHT TO HEARING (PD377-156) on parent or person legally responsible for care, if child removed, without court order. a. Copy of NOTICE will be affixed to door of residence, if parent/legally responsible person, not present. UNIFORMED MEMBER OF THE SERVICE 7. Remove child to command, except if medical attention is required, in which case immediately take child to appropriate hospital facility. a. Notify the Administration for Children’s Services Instant Response Team Coordinator whenever: (1) A child is removed from a household by police personnel OR (2) An arrest is made in connection with the abuse or neglect of a child. NOTE In cases referred to a detective squad (e.g., homicides or special victims’ cases), the assigned detective will notify the IRT hotline. Police officers are mandated to report child abuse and neglect to the New York State Central Registry of Child Abuse. Notification to the ACS IRT hotline DOES NOT substitute for the required notification to the State Central Registry. Police personnel will continue to notify the State Central Registry in accordance with step 13 of this procedure. 8. NOTE Prepare and submit following forms to desk officer with the N.Y.S. Domestic Incident Report: a. AIDED REPORT WORKSHEET (PD304-152b) b. COMPLAINT REPORT WORKSHEET and refer active cases as follows: (1) Special Victims Squad - Any allegation that a child LESS THAN ELEVEN YEARS OF AGE is the victim of abuse inflicted by a parent or person legally responsible for the child’s care (as described above). (2) Any allegation that a child LESS THAN THIRTEEN YEARS OF AGE is the victim of any sex crime or attempted sex crime committed by any person. In the Boroughs of Brooklyn and Queens, the appropriate Child Abuse Squad will be notified instead of the Special Victims Squad for cases that fit the criteria above. (3) NOTE Precinct detective squad concerned - all other cases. In all the above cases, enter the name of the detective notified and the log or case number assigned, under “DETAILS” on the COMPLAINT REPORT. Assigned detective will confer with precinct youth officer, domestic violence prevention officer, domestic violence investigator and appropriate field office of Administration for Children’s Services (ACS) to determine if additional information is available. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-03 c. d. REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT WORKSHEET (PD377-154A). (1) Uniformed members of the service assigned to other than Patrol Services Bureau commands, i.e. Transit Bureau or Housing Bureau who prepare this form, are responsible for forwarding it to the patrol precinct of occurrence. Remaining copies of NOTICE - TEMPORARY REMOVAL OF CHILD AND RIGHT TO HEARING. (1) Copy of NOTICE must be mailed to residence, if known, of parents/legally responsible person within twenty-four hours, if such persons were not personally served with NOTICE. AFFIDAVIT OF SERVICE OF NOTICE OF RIGHT TO HEARING (PD377-155). Comply with P.G. 216-03, “Unidentified Persons,” if parent/person legally responsible for care is not notified of removal. If identity of parent(s)/person(s) legally responsible for care or residence of child is not known or is outside New York City, the assigned detective will conduct the investigation and have appropriate notifications made, if possible. DESK OFFICER 9. 10. NOTE 6 of 12 If child was removed from other than residence and parent/person legally responsible for care has not been notified, the desk officer will direct uniformed member of the service to respond to residence, if located within precinct, to serve NOTICE or affix NOTICE to door, if necessary. If residence is not located within precinct of occurrence, but within New York City, the desk officer will have the resident precinct notified to serve the NOTICE or affix NOTICE to door, if necessary. In all instances, where parent/legally responsible person was not personally served and NOTICE was affixed to the door, the member concerned will mail a copy of the NOTICE to the residence within twenty-four hours. In addition, the member serving or mailing the NOTICE must also prepare the AFFIDAVIT. The results of the attempted notification to parent/person legally responsible for care will be included in the AFFIDAVIT forwarded to Family Court. File copies of NOTICE and AFFIDAVIT will be forwarded to precinct of occurrence for filing. e. NOTE PAGE: 08/01/13 UNIFORMED MEMBER OF THE SERVICE (continued) NOTE REVISION NUMBER: Review WORKSHEET and have typewritten REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154) prepared by command clerk. Secure shelter for child and comply with P.G. 215-06, “Children Or Minor Requiring Shelter.” Under no circumstances will a child victim of a crime or abuse committed by a parent or person legally responsible for care be returned to the home by any member of this Department. 11. Countersign AFFIDAVIT OF SERVICE OF NOTICE OF RIGHT TO HEARING and forward to Family Court of borough wherein removal occurred within twenty-four hours, exclusive of weekends and holidays. a. Ensure that AFFIDAVIT indicates whether NOTICE was served personally, affixed to door and copy mailed to residence, or whether residence could not be determined after reasonable investigation. b. Forward copy of AFFIDAVIT and NOTICE to precinct youth officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-03 PAGE: 08/01/13 DESK OFFICER 12. (continued) 13. NOTE REVISION NUMBER: 7 of 12 Advise parent/person legally responsible for care to contact the appropriate Administration for Children’s Services (ACS) borough field office (0900x1700 hours) or ACS Emergency Children’s Service after business hours, if additional information is required. Telephone facts to the New York State Child Abuse and Maltreatment Register (State Central Registry). a. If the State Central Registry refuses to accept a case, enter the time and name of person contacted in the Telephone Record. A REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT MUST be prepared whenever a member of the service reasonably suspects that a child is abused, neglected or maltreated whether or not the State Central Registry accepts notification of the facts (see ADDITIONAL DATA which outlines pertinent provisions of Section 413 of the Social Services Law). Willful failure to make such notification is a Class “A” Misdemeanor. Further, civil liability may result for the damages caused by such failure (Section 420, Social Service Law). 14. 15. NOTE Obtain registry number and enter on REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT in box captioned “State Registry Number.” Forward REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT in a sealed envelope with next Department mail, as follows: a. Original and second copy to Administration for Children’s Services field office in the borough where the child resides. (1) To Manhattan Field Office, Administration for Children’s Services, for children who do not reside with parents/persons legally responsible for care (e.g., group homes, day care, etc.) or children who reside outside city. Have form delivered via appropriate precincts as outlined in ADDITIONAL DATA. b. c. d. Third copy - to precinct youth officer (with hand written WORKSHEET attached). Fourth copy - to Youth Services Section (with copy of computerized AIDED REPORT attached). Make and attach copy of said form to the N.Y.S. Domestic Incident Report precinct file copy. REASONABLE SUSPICION OF ABUSE/NEGLECT/MALTREATMENT BUT NO IMMINENT DANGER TO LIFE OR HEALTH OF CHILD: UNIFORMED MEMBER OF THE SERVICE 16. Prepare REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT WORKSHEET and submit to the desk officer together with the N.Y.S. Domestic Incident Report. a. Indicate under “Details” section of REPORT all pertinent information that will assist in the investigation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-03 NOTE PAGE: 08/01/13 8 of 12 The State Central Registry accepts a broad range of cases from all mandated reporters (e.g., teachers, doctors, police, etc.) as well as from the general public relating to crimes against children. Some of these reports will be FAXED to the Chief of Detectives Sex Crimes Report Line as a Law Enforcement Referral (LER). Personnel at that unit will determine the appropriate police response, which may include referral to a patrol precinct for initial investigation, and/or preparation of a COMPLAINT REPORT and referral to the appropriate detective squad. DESK OFFICER 17. 18. PRECINCT YOUTH OFFICER REVISION NUMBER: 19. 20. 21. Have COMPLAINT REPORT prepared marked “Investigate Child Abuse” and refer as directed in step 8, subdivision “b,” above. Comply with steps 9 and 13 through 15, above. Inspect all copies of form REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT prepared, or those received from other than Patrol Services Bureau commands, i.e. Housing Bureau and Transit Bureau. Review other precinct records and confer with domestic violence prevention officer and domestic violence investigator to develop further information. a. Check JUVENILE REPORT SYSTEM WORKSHEET (PD377-151A), COMPLAINT INDEX (PD313-141), AIDED INDEX (PD304-101), N.Y.S. Domestic Incident Reports, etc. for previous contacts with the child or other children residing in the same household. Establish a file folder in a secured cabinet for each abused/neglected/ maltreated child, both for emergency removals and those investigated and reported to appropriate authorities: a. Assign a Precinct Serial # beginning with # one (1) for the first incident each year and enter on REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT. b. Maintain an Index Sheet on inside front cover of folder captioned as follows: DATE OF OCCURRENCE PRECINCT SERIAL # NAME/ADDRESS OF CHILD RESIDENT PRECINCT DIR # COMPLAINT # AND ARREST #, IF APPLICABLE 22. Maintain the following documents in each folder: a. Copy of computerized AIDED REPORT, if prepared. b. Copy of COMPLAINT REPORT, with copy of OLBS WORKSHEET, if applicable. c. Copy of REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT form. d. Copy of NOTICE - TEMPORARY REMOVAL OF CHILD AND RIGHT TO HEARING, if prepared. e. Copy of AFFIDAVIT OF NOTICE OF RIGHT TO HEARING, if prepared. f. Photocopy of N.Y.S. Domestic Incident Report. g. Other appropriate documents re: abused child. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-03 24. 25. 26. YOUTH SERVICES SECTION 27. 28. DOMESTIC VIOLENCE PREVENTION OFFICER 29. 30. 31. 32. 33. 34. 35. 36. ADDITIONAL DATA PAGE: 08/01/13 23. PRECINCT YOUTH OFFICER (continued) REVISION NUMBER: 9 of 12 Review copies of all forms maintained in folders and become familiar with persons or incidents involving child abuse/neglect/maltreatment, which have occurred within command. a. Ascertain that the appropriate procedures and notifications have been complied with. b. If review discloses additional information warranting further investigation, prepare COMPLAINT FOLLOW-UP INFORMATIONAL (PD313081C) and forward to detective squad concerned. Make a copy of REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT maintained in file, indicate results of review on rear of form and forward to Youth Services Section. Maintain liaison with appropriate Administration for Children’s Services field offices. Maintain a file folder in a secured cabinet for each REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT received. Forward copy of REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT to youth officer of precinct of residence, if other than precinct of occurrence. Make necessary information available to appropriate members of the service and authorized public agencies. Review N.Y.S. Domestic Incident Report for accuracy and completeness. Record N.Y.S. Domestic Incident Report in precinct Domestic Incident Log. Forward copy of N.Y.S. Domestic Incident Report to precinct domestic violence investigator. Enter information from N.Y.S. Domestic Incident Report into Domestic Incident Report Database. Maintain file of N.Y.S. Domestic Incident Reports including copies of REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT, when attached. Monitor at-risk locations and victims. Relay information of any other offenses committed within the household from where the child was removed to the youth officer and the assigned investigator. Maintain contact with complainants and advise them of their rights and the availability of shelter. Addresses of Administration for Children’s Services (ACS) borough field offices, open Monday through Friday, 0900 to 1700 hours, are listed below. After business hours, notify the ACS Emergency Children’s Services: Administration for Children’s Services Applications Manhattan Field Office 150 William Street New York, New York 10038 Via 1st Precinct Administration for Children’s Services Applications Brooklyn Field Office 1274 Bedford Avenue Brooklyn, New York 11216 Via 88th Precinct NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-03 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: 08/01/13 Administration for Children’s Services Applications Bronx Field Office 192 East 151st Street Bronx, New York 10451 Via 44th Precinct PAGE: 10 of 12 Administration for Children’s Services Applications Queens Field Office 165-15 Archer Avenue Jamaica, New York 11433 Via 103rd Precinct Administration for Children’s Services Applications Staten Island Field Office 350 St. Mark’s Place Staten Island, New York 10301 Via 120th Precinct Desk officers in the above precincts will ensure that mail is delivered to the appropriate field offices on a daily basis except for Saturday and Sunday. The pertinent provisions of Section 413 of the Social Services Law, with new material underlined, reads as follows: “Police officers are required to report or cause a report to be made when they reasonably suspect that a child coming before them in their professional or official capacity is an abused or maltreated child, or when they reasonably suspect that a child is an abused or maltreated child where the parent or the person legally responsible for such child comes before them in their professional or official capacity and states from personal knowledge facts, conditions or circumstances which if correct, would render the child an abused or maltreated child.” Any person or institution acting in good faith in the removal or keeping of a child pursuant to Section 1024 of the Family Court Act shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of such removal or keeping. Borough Family Court Locations: Manhattan 60 Lafayette Street Bronx 900 Sheridan Avenue Brooklyn 283 Adams Street Queens 89-14 Parsons Blvd. Staten Island 100 Richmond Terrace INFORMATION SHARING WITH ACS Certain categories of information may not be released to ACS. These include: a. sealed records (except when an unsealing order has been issued by a superior court) b. the identity of adult victims of sex crimes (unless such victims provide written consent) The Department may provide the following information to caseworkers from ACS who are conducting an investigation: a. the name and identity of a child victim/child sex crime victim when ACS is investigating the same incident b. statements made by a victim c. witness information d. names and addresses of family members NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-03 ADDITIONAL DATA (continued) REVISION NUMBER: 08/01/13 e. f. g. h. PAGE: 11 of 12 the existence of an order of protection the detention location of defendants in arrest situations information contained in arrest and COMPLAINT REPORTS (except sealed records) information contained in N.Y.S. Domestic Incident Reports. According to Social Service Law Section 422 (4)(A)(I), ACS records may be disclosed when necessary to conduct a criminal investigation or prosecution of a person when there is reasonable cause to believe that such person is the subject of a Report and that due to the nature of the crime, such records may be related to the investigation or prosecution. The type of reports that can be disclosed by ACS to the NYPD are: A. Oral Transmittals (ORT) or State Central Registry (SCR) Child Abuse/Neglect Intake Reports - Upon written agreement, in the appropriate circumstances these reports will be provided to the NYPD. B. Protective Records Disclosure Current investigations. Indicated Reports - information from ongoing or prior indicated reports. Unfounded reports dated post 2/12/96 - no information can be disclosed except to the extent the information is incorporated into the records of a current investigation. Unfounded reports dated prior to 2/12/96 - no information can be disclosed concerning these reports. C. Foster Care Records - May be disclosed only with written permission of the State Department of Social Services or by a Court Order when required for a trial and notice is given to all parties. D. Preventive Case Records - These records may only be disclosed by court order. ACS staff may verbally disclose the information allowed under the law while responding jointly with law enforcement. However, a formal written request for the information indicating that the request is in compliance with the aforementioned Social Service Law must be forwarded to ACS as soon as possible. ACS staff also share the SCR report on an Instant Response Team Protocol case with this Department. Any questions relating to the release of information to ACS should be directed to the Legal Bureau. Radio code signals to report child abuse are: 10-90J(1) - N.Y.S. Domestic Incident Report Prepared/No Offense 10-90J(2) - N.Y.S. Domestic Incident Report Prepared/Unfounded 10-92J - N.Y.S. Domestic Incident Report Prepared/Arrest Effected 10-93J - N.Y.S. Domestic Incident Report/COMPLAINT REPORT Prepared. Uniformed members of the service responding to any radio run where child abuse is alleged or apparent, MUST use disposition codes for child abuse even if the job was not originally classified as such. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-03 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 12 of 12 NOTE If child abuse did not take place, but other types of domestic violence did, the domestic violence disposition codes will be used (10-90F(1), 10-90F(2), 10-92F, 10-93F). RELATED PROCEDURES Notifications (P.G. 207-06) Family Offenses/Domestic Violence (P.G. 208-36) Family Court Warrant For Child Abuse/Neglect Cases (P.G. 215-04) Runaway Children (P.G. 215-05) Children Or Minors Requiring Shelter (P.G. 215-06) FORMS AND REPORTS AFFIDAVIT OF SERVICE OF NOTICE OF RIGHT TO HEARING (PD377-155) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081C) COMPLAINT INDEX (PD313-141) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) DESK APPEARANCE TICKET (PD260-121) N.Y.S. Domestic Incident Report (DCJS3321) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) NOTICE TEMPORARY REMOVAL OF CHILD AND RIGHT TO HEARING (PD377-156) REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154) REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT WORKSHEET (PD377-154A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-04 FAMILY COURT WARRANT FOR CHILD ABUSE/NEGLECT CASES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To safeguard a child alleged to have been abused or neglected and arrest person responsible for such abuse or neglect. DEFINITION CHILD ABUSE/NEGLECT WARRANTS - Warrants issued by Family Court ordering the immediate arrest of a specified parent or guardian when a petition indicates the child may be in danger of physical abuse or neglect. PROCEDURE When the Warrant Section officer assigned to Family Court notifies a precinct that a warrant for child abuse/neglect has been issued: DESK OFFICER/ COUNTERPART 1. 2. Enter message in Telephone Record. Send radio motor patrol crew to execute the warrant. R.M.P. CREW 3. 4. 5. 7. Respond to location and arrest person or persons named in warrant. Take child into protective custody even if arrest is not made. Deliver child to Family Court, if in session. a. If Family Court is not in session bring child to stationhouse and process as Child Requiring Shelter (see P.G. 215-06, “Children Or Minors Requiring Shelter”). Attempt to locate the child or the parents, if not present, and report results of investigation to the desk officer. Prepare N.Y.S. Domestic Incident Report (DCJS3221). DESK OFFICER/ COUNTERPART 8. Notify Warrant Section officer assigned to Family Court of status of case. NOTE The borough warrant officer will proceed directly to the residence and conduct an investigation in those instances where an arrest is effected by a member not assigned to the Patrol Services Bureau. If the Family Court warrant is executed by a member of the Warrant Section, that member is responsible for the preparation of the N.Y.S. Domestic Incident Report. The N.Y.S. Domestic Incident Report will then be forwarded to the precinct of occurrence. DOMESTIC VIOLENCE PREVENTION OFFICER 9. 10. 6. 11. 12. 13. 14. 15. Review N.Y.S. Domestic Incident Report for accuracy and completeness. Record N.Y.S. Domestic Incident Report in precinct Domestic Incident Log and assign precinct serial number. Forward copy of N.Y.S. Domestic Incident Report to precinct domestic violence investigator. Enter information from N.Y.S. Domestic Incident Report into Domestic Incident Report Database. Maintain file of N.Y.S. Domestic Incident Reports. Monitor at-risk locations and victims. Contact complainants and advise them of their rights and the availability of shelter. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-04 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 RELATED PROCEDURES Arrest On A Warrant (P.G. 208-42) Children Or Minors Requiring Shelter (P.G. 215-06) FORMS AND REPORTS N.Y.S. Domestic Incident Report (DCJS3221) NEW YORK CITY POLICE DEPARTMENT 2 of 2 PATROL GUIDE Section: Juvenile Matters Procedure No: 215-05 RUNAWAY CHILDREN DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To return runaway children to their parents or persons legally responsible for their care. DEFINITION CHILD - New York State resident, under the age of sixteen; out of state resident, per Interstate Compact for Juveniles. PROCEDURE Upon determining that a child has run away from home: UNIFORMED MEMBER OF THE SERVICE 1. 2. Take child into custody and remove to command. Prepare AIDED REPORT WORKSHEET (PD304-152b), JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) and COMPLAINT REPORT WORKSHEET (PD313-152A), as per P.G. 215-08, “On-Line Juvenile Report System.” a. Generate duplicate copy of computerized AIDED REPORT and forward via Department mail to the Missing Persons Squad. b. Notify youth officer. DESK OFFICER/ COUNTERPART 3. 4. 5. Interview child. Notify Missing Persons Squad in ALL cases. Contact parent or person legally responsible for child to pick up child within reasonable time. a. If parent/person responsible for care is located outside of city, advise them to notify local police that child has been located. Arrange for shelter if unable to release child to parent/person legally responsible for care within a reasonable time or if child may be endangered if returned home. Assign female uniformed member of the service, if available, or other available uniformed member, to escort child to shelter, if the Administration for Children’s Services is unable to provide transportation. Comply with P.G. 216-03, “Unidentified Persons,” if child removed to shelter and parents/persons legally responsible for care not notified. 6. 7. 8. RELATED PROCEDURES Aided Cases - General (P.G. 216-01) Unidentified Persons (P.G. 216-03) Emergency Removals Or Investigation And Reporting Of Abused, Neglected, Or Maltreated Children (P.G. 215-03) Children Or Minors Requiring Shelter (P.G. 215-06) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-06 CHILDREN OR MINORS REQUIRING SHELTER DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To coordinate activities between the Department and the Administration for Children’s Services when shelter for children is required. SCOPE A child or minor less than eighteen years of age may require shelter for the following reasons: a. Abandoned by parents or persons legally responsible for care, OR b. Neglected by parents or persons legally responsible for care, OR c. Abused by parents, persons legally responsible for care or adult member of household, OR d. Sick, injured, lost or stranded who resides outside of the city and parents or persons legally responsible for care cannot arrange for return to residence, OR e. Without care or supervision due to hospitalization, death or arrest of parent or person legally responsible for care. PROCEDURE Upon determining that a child or minor requires shelter: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. Bring child or minor to the command. Notify precinct youth officer of child in command. Comply with P.G. 215-03, “Emergency Removals or Investigation and Reporting of Abused, Neglected, or Maltreated Children,” if reasonable suspicion exists that a child requiring shelter has been abused, neglected, or abandoned. Make an immediate notification to the School Safety Division, Operation Center when a Department of Education employee, acting in his/her official capacity, transfers custody of a child to Department personnel for the sole purpose of having the Administration for Children’s Services provide shelter. a. Include the child’s name, age, grade, school and Department of Education employee’s name and title. Enter in ACTIVITY LOG (PD112-145) and AIDED REPORT WORKSHEET (PD304-152b) the following: a. Date, time and location where found or removed b. Physical description including clothing, name, age, address, school, grade, emotional and physical condition c. Name, address and phone number of person who found child or minor, if applicable d. Name and address of parents or persons legally responsible for child or minor, if known e. Name, title, school and phone number of Department of Education employee transferring custody of a child, if applicable f. Date, time, name and title of School Safety Division, Operation Center member notified, if applicable g. The particular circumstances causing the need to provide care or shelter. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-06 PAGE: 08/01/13 DESK OFFICER 6. ADDITIONAL DATA REVISION NUMBER: 2 of 2 Confer with the Administration for Children’s Services (ACS) borough field office (0900 x 1700 hours) or ACS Emergency Children’s Services after business hours and request that they send a representative to stationhouse and provide necessary transportation. a. If the Administration for Children’s Services or ACS Emergency Children’s Services is unable to provide transportation, assign a female uniformed member of the service, or other available uniformed members of the service, to escort child to shelter b. Ensure notification to School Safety Division, Operation Center was made under circumstances described in step “4” above. Under no circumstances shall a charge of any kind be filed against a child who is abandoned, neglected, abused, lost, stranded, and has not committed any offense, or who for any reason is to be delivered to a place of shelter or safekeeping. Such children shall be recorded as aided cases. Follow P.G. 216-01, “Aided Cases General Procedure” and P.G. 216-03, “Unidentified Persons,” if necessary, when notified by Administration for Children’s Services that a child has been removed without police assistance from a location in the absence of the parent or person legally responsible for care. The parent or person legally responsible for care will not be informed of the child’s location but will be directed to contact the caseworker. A person eighteen years and older who is stranded without shelter can be referred to the Emergency Assistance Unit of Human Resources Administration. RELATED PROCEDURES Aided Cases General Procedure (P.G. 216-01) Unidentified Persons (P.G. 216-03) Emergency Removals or Investigation and Reporting of Abused, Neglected, or Maltreated Children (P.G. 215-03) Runaway Children (P.G. 215-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-07 TRUANTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To provide the expeditious return of truant students to a location of instruction (i.e., school, truancy intake site, etc.). DEFINITIONS TRUANT – A minor not in compliance with the attendance requirement of the New York City Department of Education Regulations of the Chancellor as follows: a. Each minor from six to seventeen years of age in New York City is required to attend school on a full time basis b. Children in New York City who turn six years of age before December 31st of the school year, are required to attend school at the beginning of that school year c. Students who turn seventeen years of age on or after July 1st must complete the school year in which they turn seventeen years of age d. Exceptions to the age requirements for attendance are as follows: (1) Minors who have graduated from high school (2) Students who have earned a high school equivalency diploma (3) Students sixteen or seventeen years of age who have been issued a full time employment certificate. YOUTH REFERRAL REPORT LOG (PD377-140) - A preprinted log maintained by precinct youth officer for each school year, that will be serialized, beginning with “001” commencing on July 1st and ending the following June 30th.. The YOUTH REFERRAL REPORT LOG will be utilized to record YOUTH REFERRAL(S) (PD377-153) for truancy in the precinct of occurrence. PROCEDURE When a minor, who reasonably appears to be over the age of six and less than eighteen, who is observed outside of school on a day of instruction and it is ascertained that the minor is truant: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. Take minor into custody and deliver to principal or designee(s) of school attended, if known. a. Truants may be frisked to ensure the uniformed member’s safety. An electronic metal detector may be used for this purpose, if available b. Should uniformed members have an articulate reason to believe their safety is in danger, truants may be handcuffed. Deliver minor to truancy intake site, if the minor’s school cannot be determined or it is impractical to return the minor to his/her school. Make entry in ACTIVITY LOG (PD112-145) including: a. Youth’s name b. Location where truant was found c. School/truancy intake site truant was delivered to. Have principal or representative sign ACTIVITY LOG entry and YOUTH REFERRAL as receipt for minor. a. If principal or representative refuses to sign ACTIVITY LOG and/or YOUTH REFERRAL as receipt for minor, document such refusal in ACTIVITY LOG. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-07 UNIFORMED MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 08/01/13 5. 2 of 4 Complete YOUTH REFERRAL and deliver to desk officer, precinct of occurrence before end of tour. a. Include business name, park name or other information regarding where/how truant was taken into custody in the “Details” caption. PRECINCT OF OCCURRENCE: DESK OFFICER 6. 7. Review YOUTH REFERRAL for completeness, legibility and accuracy. Sign form in caption indicated and forward to precinct youth officer. 8. Review YOUTH REFERRAL and complete steps “9” through “12” below no later than five business days after receipt. Enter YOUTH REFERRAL(S) into YOUTH REFERRAL REPORT LOG. a. Complete all YOUTH REFERRAL REPORT LOG captions, as appropriate b. Assign next precinct serial number and enter number in appropriate caption on YOUTH REFERRAL. Notify parent/guardian of minor’s truancy and document notification in appropriate caption on “Precinct of Residence Copy.” Complete “Youth Last Name,” “First Name,” “M.I.,” “Age,” “D.O.B.,” and “Address” captions on “Precinct of Residence Copy” and sign off. Forward “Precinct of Residence Copy” of YOUTH REFERRAL to the truant’s resident precinct youth officer via Department mail, when truant’s residence is different from precinct of occurrence. a. Retain “Precinct of Occurrence Copy.” PRECINCT YOUTH OFFICER 9. 10. 11. 12. PRECINCT SCHOOL SAFETY SERGEANT 13. Ensure precinct youth officer completes steps “8” through “12” above within the time period cited in step “8” above. a. Perform steps “8” through “12” above in the absence of the precinct youth officer. TRUANT’S RESIDENT PRECINCT: PRECINCT YOUTH OFFICER 14. Determine YOUTH REFERRAL investigation responsibility. a. Be responsible for the investigation of YOUTH REFERRAL(S) for truants residing within precinct, EXCEPT when truant’s actual residence within precinct is a New York City Housing Authority development under the jurisdiction of a police service area (PSA). In this case: (1) Document in “Results” caption of YOUTH REFERRAL that a photocopy of “Precinct of Residence Copy” of the YOUTH REFERRAL was forwarded via Department mail, to the truant’s resident PSA youth officer for investigation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-07 REVISION NUMBER: PAGE: 08/01/13 3 of 4 TRUANT’S RESIDENT PRECINCT OR POLICE SERVICE AREA: PRECINCT/PSA YOUTH OFFICER 15. SPECIAL OPERATIONS LIEUTENANT 17. 16. Conduct investigation and summarize outcome in “Results” caption on “Precinct of Residence Copy” of YOUTH REFERRAL. Submit completed YOUTH REFERRAL to special operations lieutenant for review. a. File YOUTH REFERRAL(S) alphabetically upon return from special operations lieutenant. Review YOUTH REFERRAL(S), sign in appropriate caption and return form to precinct/PSA youth officer. ALL PRECINCTS: 18. PRECINCT SCHOOL SAFETY SERGEANT 19. 20. 21. 22. Periodically inspect and sign the YOUTH REFERRAL REPORT LOG for completeness and accuracy. Review the YOUTH REFERRAL REPORT LOG to identify patterns/ recidivists. Maintain regular contact with the School Safety Division, Truancy Coordinator to share information to maximize truancy enforcement. a. Notify Truancy Coordinator prior to conducting a large truancy enforcement operation. Maintain regular contact with the Community Affairs Bureau, Juvenile Data Analysis and Evaluation Unit to maximize resources, spot trends and share information. Close YOUTH REFERRAL REPORT LOG at the end of the school year. SPECIAL OPERATIONS LIEUTENANT 23. Perform steps “18” through “22” above in the absence of the precinct school safety sergeant. ADDITIONAL DATA LEGAL CONSIDERATIONS The Education Law and the Regulations of the Chancellor of the New York City Department of Education require that a person attend school until the last session of the school year in which the person reaches seventeen years of age. This law defines the school year as the period commencing on July 1st and ending the next June 30th. Therefore, a person who reaches his/her seventeenth birthday on or after July 1st MUST attend school, when in session, until the following June 30th. A YOUTH REFERRAL will be prepared for each truant, including those seventeen years of age. Only uniformed members of the service and police officers as defined in the Criminal Procedure Law, Section 1.20, subdivision 34, are authorized to issue and/or sign a COMPLAINT REPORT WORKSHEET (PD313-152A) with “Juvenile Report” caption checked off, JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) or YOUTH REFERRAL as reporting officers. Names of special police, store detectives, school safety agents, etc., may be entered on COMPLAINT REPORT WORKSHEET in caption “Reporter/Witness.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-07 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 On June 30th of each year YOUTH REFERRAL records will be purged, as required by “Cuevas v. Leary.” YOUTH REFERRAL(S) prepared for minors seventeen years of age will be purged as soon as practical after the minor’s eighteenth birthday. In addition, the corresponding entry in the YOUTH REFERRAL REPORT LOG will be purged by redacting the “Truant Name” and “Truant Address” captions. OPERATIONAL CONSIDERATIONS Ordinarily truancy enforcement should not be conducted after 1300 hours. If necessary, truancy intake site locations may be obtained from the School Safety Division, Truancy Coordinator. Truancy intake sites will be staffed by school safety agents. Uniformed members of the service will not be routinely assigned to these locations. FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT WORKSHEET (PD313-152A) YOUTH REFERRAL (PD377-153) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) YOUTH REFERRAL REPORT LOG (PD377-140) UNDERSTANDING TRUANCY ENFORCEMENT PROCEDURES AND BEST PRACTICES (PD377-111) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-08 ON-LINE JUVENILE REPORT SYSTEM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To record and investigate certain apprehensions concerning juveniles at least seven years of age but less than sixteen years of age. PROCEDURE When a juvenile at least seven years of age but less than sixteen years of age commits an illegal act, or engages in or is found under circumstances that may endanger the health or safety of the juvenile: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. NOTE Investigate circumstances involving juvenile(s). Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) to document incident involving juvenile(s). a. Ensure caption “Juvenile Report” is checked off. Prepare separate JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) for each juvenile involved in incident. a. Verify pedigree, address and parent/guardian information. If pedigree, address and parent/guardian information can not be verified in the field, the juvenile must be brought to a Department facility (e.g., precinct, transit district, police service area, etc.) for further investigation. Under no circumstances will a juvenile, who has not been properly identified or whose parent/guardian could not be notified, be released from the field. Upon arrival at the Department facility, the member must notify the Juvenile Crime Desk. If the incident occurs at or within the grounds of a school, the juvenile should be removed to a suitable location within the school (e.g., principal’s office, detention room, dean’s office, etc.) to verify their identification. When identification cannot be established or a parent/guardian cannot be notified, the juvenile in question will not be released but will rather be transported to the nearest appropriate Department facility where a notification will be made to the Juvenile Crime Desk. If upon investigation it is determined that the incident involves the commission of a violation by the juvenile and not the commission of a felony or a misdemeanor, the juvenile shall not be removed from the school and transported to a Department facility. In all cases, members of the service MUST confer with a supervisor prior to removing a juvenile from a school. 4. 5. NOTE Notify Juvenile Crime Desk if juvenile has been removed from the field and brought to a Department facility. a. Inform Juvenile Crime Desk analyst of incident involving the juvenile and be guided by his/her recommendations. Deliver completed COMPLAINT REPORT WORKSHEET and JUVENILE REPORT SYSTEM WORKSHEET to desk officer. If a juvenile has been removed from the field and brought to a Department facility, a notification must be made to the Juvenile Crime Desk. The Juvenile Crime Desk will assist supervisors in making a determination whether a juvenile should be released on a JUVENILE REPORT NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-08 REVISION NUMBER: PAGE: 08/01/13 2 of 4 NOTE (continued) SYSTEM WORKSHEET or if the juvenile should be processed as a juvenile delinquent as per Patrol Guide 215-09, “Offenses Committed By A Child Under 16 Years Of Age (Other Than A Juvenile Offender).” Members of the service are reminded that if a juvenile is going to be processed as a juvenile delinquent, a COMPLAINT REPORT WORKSHEET and an ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) will be completed along with other required forms (i.e., JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151), etc.). A JUVENILE REPORT SYSTEM WORKSHEET will not be completed. DESK OFFICER/ COUNTERPART 6. 7. Check COMPLAINT REPORT WORKSHEET and JUVENILE REPORT SYSTEM WORKSHEET for completeness, legibility, and accuracy (i.e., jurisdiction of complaint, incident classification, etc.). Sign forms in appropriate captions and forward to youth officer/designated officer, command of report. YOUTH OFFICER/ DESIGNATED OFFICER, COMMAND OF REPORT 8. Input COMPLAINT REPORT WORKSHEET and JUVENILE REPORT SYSTEM WORKSHEET into the On-Line Juvenile Report System utilizing the OMNIFORM System within twenty-four hours of report. SCHOOL SAFETY SERGEANT/ DESIGNATED SERGEANT, COMMAND OF REPORT 9. Review and sign-off on pending JUVENILE REPORT SYSTEM WORKSHEETS utilizing the On-Line Juvenile Report System on a daily basis. Audit and review JUVENILE REPORT SYSTEM WORKSHEETS and COMPLAINT REPORT WORKSHEETS weekly to ensure accuracy. Utilize the OMNIFORM System to ensure JUVENILE REPORT SYSTEM WORKSHEETS were not completed in error (i.e., prepared in addition to an ON-LINE BOOKING SYSTEM ARREST WORKSHEET for an arrest of a juvenile delinquent, etc.). NOTE Commanding officers of those transit districts and police service areas, which do not have an assigned youth officer, will designate a member of the service to input all COMPLAINT REPORT WORKSHEETS and JUVENILE REPORT SYSTEM WORKSHEETS prepared by their respective commands, into the OMNIFORM System within twenty-four hours of report. Commanding officers of transit districts and police service areas will likewise designate a sergeant to perform the functions outlined above in steps “9 through 11.” YOUTH OFFICER, RESIDENT PRECINCT 12. 13. 10. 11. 14. 15. 16. 17. Conduct follow-up investigation. Confer with complainant, school personnel, witnesses, probation officers, social workers, and/or any other appropriate person or agency. Add or Delete charges for juvenile, if necessary. Choose a Disposition Code, Disposition Agency and Source Code. Create a precautionary or an unfounded letter to notify the parent/legal guardian of an alleged offense involving a juvenile. Contact parent/legal guardian to discuss alleged offense involving juvenile. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-08 REVISION NUMBER: PAGE: 08/01/13 3 of 4 YOUTH OFFICER, RESIDENT PRECINCT (continued) 18. NOTE If a juvenile resides outside of New York City, the Youth Services Section will be responsible for conducting the follow-up investigation. SCHOOL SAFETY SERGEANT, RESIDENT PRECINCT 19. NOTE It is the responsibility of the resident precinct school safety sergeant to approve an on-line follow-up investigation utilizing the Juvenile Follow-up Investigation application. This approval process will be completed within two weeks from the date of the report, if possible. The Youth Services Section supervisor will review and approve all follow-up investigations conducted by Youth Services Section personnel. 20. PRECINCT COMMANDING OFFICER ADDITIONAL DATA Summarize results of investigation on On-Line Juvenile Report System’s “Juvenile Follow-up Investigation” application utilizing appropriate closing codes. Review the follow-up investigation conducted by the youth officer, resident precinct, for accuracy and completeness. a. Direct youth officer, resident precinct, to amend investigation if necessary. Review investigation of “Juvenile Report” by youth officer giving particular attention to: a. Parent/guardian contact as required by Cuevas v. Leary b. Type of aid offered to parents/guardian and youth c. Suitability of disposition. A COMPLAINT REPORT WORKSHEET (“Juvenile Report” caption checked off) and a JUVENILE REPORT SYSTEM WORKSHEET are prepared for a juvenile at least seven but less than sixteen years of age for: a. b. c. An act that would constitute a crime if committed by an adult except for those acts listed in step “4” of P.G. 207-01, “Complaint Reporting System” Violations committed by juveniles Person in need of supervision (if under sixteen years of age) as defined in the Family Court Act, (Section 712, subdivision “a”); Advise civilian complainant of right to seek a petition in Family Court Members of the service will prepare an ARREST REPORT SUPPLEMENT (PD224-157) when a person in need of supervision is sixteen or seventeen years of age. d. e. f. g. h. i. j. k. Intoxicated juveniles Juvenile under sixteen years of age found in a house of prostitution Stranded juvenile Runaway juvenile Juvenile unlawfully present in a licensed premises Juvenile apparently under the influence of a dangerous drug, e.g., heroin, cocaine, morphine, opium, marijuana, amphetamines, barbiturates, hallucinogens Traffic infractions - bicycles - persons over seven but less than sixteen years of age Missing person, at least seven years of age but less than sixteen years of age. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-08 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 When recording a complaint for a missing person, at least seven but less than sixteen years of age, members of the service are reminded to also comply with P.G. 207-01 “Complaint Reporting System.” Under current law and the Family Court Act, juvenile records are to be treated as confidential and may eventually be sealed. Therefore, such records or any information contained therein may not be disseminated to any person and/or public or private agency outside the New York City Police Department, including the news media and victims. When preparing a COMPLAINT REPORT WORKSHEET, the names of special police, store detectives, school personnel, etc., may be entered under caption “REPORTER/WITNESS.” Commanding officers will ensure that all COMPLAINT REPORT WORKSHEETS and JUVENILE REPORT SYSTEM WORKSHEETS are purged from their respective commands’ files, for youths who have reached their seventeenth birthday and for all “unfounded,” “unsubstantiated,” and “complaint withdrawn” cases as required by “Cuevas v. Leary.” The On-Line Juvenile Report System will purge all data regarding COMPLAINT REPORT WORKSHEETS and JUVENILE REPORT SYSTEM WORKSHEETS from Department databases, for youths who have reached their seventeenth birthday and for all “unfounded,” “unsubstantiated,” and “complaint withdrawn” cases as required by “Cuevas v. Leary.” Any questions regarding the On-Line Juvenile Report System can be directed to the Crime Analysis and Program Planning Section of the Office of Management Analysis and Planning during business hours. Any questions during non-business hours or relating to hardware/software issues can be directed to the Management Information Systems Division (MISD) Help Desk. In addition, members of the service can access the “On-Line Juvenile Report System User Guide” posted on the Department’s intranet website for user reference. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Offenses Committed By A Child Under 16 Years Of Age (Other Than A Juvenile Offender) (P.G. 215-09) FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) ARREST REPORT SUPPLEMENT (PD 244-157) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-09 OFFENSE COMMITTED BY A CHILD UNDER 16 YEARS OF AGE (OTHER THAN A JUVENILE OFFENDER) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 6 PURPOSE To process a child under sixteen years of age who has committed an offense. DEFINITION JUVENILE DELINQUENT - A person over seven and less than sixteen years of age who commits an act, which if committed by an adult, would constitute a crime. PROCEDURE When a child less than sixteen years of age commits an offense: UNIFORMED MEMBER OF THE SERVICE 1. 2. DESK OFFICER 3. 4. NOTE Detain child Notify desk officer of facts. Have parent/guardian notified. Have age determined by questioning juvenile or parent/guardian. a. Verify age by satisfactory documentary proof, if available. When a juvenile arrested for a designated felony, is a recidivist, commits a felony while awaiting trial on a violent offense, or the desk officer believes the juvenile is a danger to the community, the juvenile will be removed directly to Family Court or to Horizon Juvenile Center, if court is not in session. A juvenile MUST be taken into custody and charged with juvenile delinquency when an act, if committed by an adult, would be a felony, Unlawful Assembly or any misdemeanor listed in P.G. 208-07, “Photographable Offenses.” 5. 6. NOTE Confer with youth officer and precinct detectives when a group of juveniles is involved in the same incident. Direct officer to prepare JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) and COMPLAINT REPORT WORKSHEET (PD313-152A), as per P.G. 215-08, “On-Line Juvenile Report System,” when: a. Offense committed is NOT a crime, OR b. Determination is made to refer a misdemeanor to youth officer (if residence is outside New York City, refer to Youth Services Section). A JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) and COMPLAINT REPORT WORKSHEET (PD313-152A) is NOT prepared for truancy (see P.G. 21507, “Truants”). 7. Direct member concerned to take juvenile into custody and deliver to command with approved location for interrogation, if court is not in session. a. If court is in session, determine if juvenile should be delivered direct to court or processed for personal recognizance. b. If court is not in session, direct member concerned to obtain from borough Court Section the return date for an appearance ticket, if juvenile is released on an APPEARANCE TICKET-FAMILY COURT (see “ADDITIONAL DATA”). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-09 REVISION NUMBER: PAGE: 08/01/13 2 of 6 NOTE A juvenile who has committed a designated felony will be taken to Family Court without delay if court is in session, unless interrogation of juvenile is necessary (see P.G. 215-12). If Family Court is not in session, the arresting officer MUST appear in court at 0900 hours, the next day court is in session. In all other arrests for juvenile delinquency, if juvenile is NOT released on recognizance (issued an APPEARANCE TICKET-FAMILY COURT), the arresting officer MUST appear in Family Court at 0900 hrs. the next day court is in session. Desk officers will ensure that the arresting officer’s tour is adjusted accordingly, as necessary. If court is not in session the next day, due to weekend or court holiday, members of the service will comply with P.G. 215-23, “Court Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays.” UNIFORMED MEMBER OF THE SERVICE 8. 9. NOTE Detain juvenile in location designated for interrogation. a. Have female police officer or other qualified female present, if juvenile is a female. Ensure uniformed member of the service notifies the Juvenile Desk. Arresting officers must call the Juvenile Desk before beginning the arrest process to ensure that any intelligence regarding the juvenile is obtained before the decision whether to release the juvenile to a parent/guardian/adult relative is made. The Juvenile Desk has specialized databases that can provide vital background information on arrested/detained juveniles and those adults taking custody of a juvenile upon recognizance or release. 10. 11. 12. 13. 14. DESK OFFICER 15. 16. 17. 18. 19. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). Prepare COMPLAINT REPORT WORKSHEET (PD313-152A), if applicable. Ensure that juvenile offender is fingerprinted and palmprinted in conformance with P.G. 208-11, “Livescan Fingerprinting and Palmprinting.” Prepare JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET (PD277-151a). a. Attach hard copy of the FINEST System warrant investigation/juvenile recidivist check to court copy of JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277151). Deliver all completed arrest documents including JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT to desk officer. Review and sign all arrest documents including the JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT. Ensure that JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT is distributed as indicated on the form. Determine if juvenile can be released on personal recognizance (see P.G. 215-12). Ascertain if application will be made for personal recognizance. Have child NOT eligible for personal recognizance or for whom NO application for personal recognizance is made removed to Horizon Juvenile Center with a copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET, COMPLAINT REPORT, if prepared, and JUVENILE ARREST INVESTIGATION/ PROBATION INTAKE REPORT (see ADDITIONAL DATA). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-09 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 20. 21. (continued) 3 of 6 Do not transport juvenile with adult prisoner. Prepare arrest package containing the following forms; a. Copy of ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) b. BUFF copy APPEARANCE TICKET-FAMILY COURT c. Evidence/Release Investigation copy of appropriate PROPERTY CLERK INVOICE (PD521-141), if evidence is involved d. Copy of COMPLAINT REPORT (PD313-152), if finalized and signed-off. If not finalized and signed-off, the COMPLAINT REPORT WORKSHEET (PD313-152A) will be submitted e. AIDED REPORT WORKSHEET (PD304-152b), if prepared f. Copy of ACTIVITY LOG (PD112-145) entry g. JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151) (1) Distribute remaining copies to command youth officer, Youth Services Section, and juvenile detention facility, if juvenile is detained. h. Any other related arrest information including copies of arresting officer’s/investigator’s personal notes and hard copy of FINEST System warrant investigation/juvenile recidivist checks. NOTE In ALL cases of an arrest of a juvenile, other than a juvenile offender, the desk officer will ensure the above forms/reports are faxed to the respective borough Court Section (Attn: NYPD Family Court Liaison Officer) (see ADDITIONAL DATA statement for listing of liaison officers). During business hours, the Family Court Liaison Officer will be called to verify receipt of the above reports. During non-business hours, the fax transmittal receipt, indicating receipt of the above reports at the borough Court Section, will be obtained and attached to the court package. ADDITIONAL DATA If the arresting officer is reporting to court on the day of arrest or the next day, he/she will bring all required forms/reports to borough Court Section sign-in room, in addition to faxing required forms/reports to the respective borough Court Section. If the juvenile is issued an APPEARANCE TICKET-FAMILY COURT, the desk officer will ensure that all required forms/reports are forwarded to the borough Court Section Family Court Liaison Officer in the next day’s a.m. mail, in addition to faxing required forms/reports to the respective borough Court Section. In those instances where the juvenile is removed to the Horizon Juvenile Center (juvenile detention facility), the desk officer will ensure that copies of the ON-LINE BOOKING ARREST WORKSHEET, COMPLAINT REPORT (if finalized and signed off) or COMPLAINT REPORT WORKSHEET if prepared, and the JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT are forwarded with the juvenile, in addition to faxing required reports/forms to the respective borough Court Section. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-09 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 4 of 6 ARRESTING OFFICER/APPEARANCE IN FAMILY COURT JUVENILE DELINQUENT REMANDED (APPEARANCE TICKETFAMILY COURT NOT ISSUED) FAMILY COURT APPEAR 0900 HOURS NEXT BUSINESS DAY RELEASED ON RECOGNIZANCE FOR DESIGNATED FELONY APPEAR 0900 HOURS NEXT BUSINESS DAY RELEASED ON RECOGNIZANCE FOR NON-DESIGNATED FELONY ARRESTING OFFICER EXCUSED Members will adhere to P.G. 215-23, “Court Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays” if an appearance at Family Court is requested on a weekend or court holiday and the borough Family Court is not in session. BOROUGH COURT SECTION FAMILY COURT LIAISONS BOROUGH ADDRESS 60 LAFAYETTE STREET MANHATTAN BROOKLYN 330 JAY STREET BRONX 900 SHERIDAN AVENUE QUEENS 151-20 JAMAICA AVENUE STATEN ISLAND 100 RICHMOND TERRACE A person in need of supervision will NOT be taken into custody without a court order. A juvenile MAY NOT be questioned concerning criminal activity until the juvenile and the parent/guardian are advised and understand the juvenile’s constitutional rights. Miranda warnings will be read to the juvenile utilizing MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS (PD244-1413). MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS should be read while the parent/guardian is present. The juvenile may be questioned if he/she waives the Miranda rights in the presence of the parent/guardian. The parent/guardian does not have to separately waive the Miranda rights; they only need to be advised of such rights. However, if the parent/guardian objects to the questioning or requests an attorney for the juvenile, no questioning should occur even if the juvenile is willing to answer questions. Precinct Detective Squad/Burglary/Robbery Apprehension Modules will enhance any case made against a violent youth offender. They will identify, locate, and apprehend any accomplices in gun-related cases or acts of violence. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-09 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 6 When it becomes necessary to deliver a juvenile to the Horizon Juvenile Center, the arresting/assigned officer, in an effort to expedite the intake process, MUST contact the Admissions Unit PRIOR to delivering the juvenile, and provide them with the juvenile’s name, address, date of birth, and mother’s name. The juvenile’s statement as to age may be in conflict with the records maintained at the Horizon Juvenile Center. To resolve any differences regarding the age of the juvenile, arresting/assigned officer shall ask to examine the following primary reference documents maintained at the Horizon Juvenile Center: a. Family Court - Remand Order Form C-23B b. Family Court - Order Directing Detention of Respondent Form 3-11 c. Criminal Court - Securing Order Form 299 d. Supreme Court - Securing Order Form 299. File folders may also contain photographs of the juvenile and will be made available for examination. When there are no court records on file at the Horizon Juvenile Center, or available records are inconclusive regarding the age of the juvenile, Horizon Juvenile Center officials will accept delivery of the juvenile for detention. Should the court records at the Horizon Juvenile Center establish that the juvenile was sixteen years of age or older at the time the offense was COMMITTED, he/she will be returned to the borough Court Section facility, borough of arrest, for processing as an adult. If there is a civilian complainant, the arresting officer will inform such complainant that his/her presence is required at Family Court, Probation Intake Area, regardless of whether or not a Supporting Deposition was prepared. In addition, in all juvenile delinquent arrest cases, the arresting officer will provide the complainant with a copy of completed form, JUVENILE DELINQUENT ARREST COMPLAINANT’S NOTIFICATION TO APPEAR (PD277-120). THIS PROCEDURE DOES NOT APPLY TO JUVENILES TAKEN INTO CUSTODY AND CHARGED AS JUVENILE OFFENDERS (SEE P.G. 215-10 “ARRESTS OF JUVENILE OFFENDER”). RELATED PROCEDURES Photographable Offenses (P.G. 208-07) Fingerprintable and Palmprintable Offenses (P.G. 208-08) Rights Of Persons Taken Into Custody (P.G. 208-09) Arrest Processing - “Livescan” Fingerprinting and Palmprinting (P.G. 208-11) Arrests - License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk (P.G. 208-21) Truants (P.G. 215-07) On-Line Juvenile Report System (P.G. 215-08) Arrests Of Juvenile Offenders (P.G. 215-10) Personal Recognizance - Juvenile Delinquent (P.G. 215-12) Utilization of the Juvenile Desk (P.G. 215-21) Court Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays (P.G. 215-23) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-09 FORMS AND REPORTS DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 6 JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET (PD277-151a) JUVENILE DELINQUENT ARREST COMPLAINANT’S NOTIFICATION TO APPEAR (PD277-120) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT(PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS (PD244-1413) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-10 ARREST OF JUVENILE OFFENDER DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To process arrest of juvenile charged as a “juvenile offender”. DEFINITION JUVENILE OFFENDER - A person less than 16 years of age taken into custody and charged with a felony as indicated: a. 13, 14 and 15 years of age charged with Murder 2nd Degree (Section 125.25, subdivisions 1 and 2) b. 14 or 15 years of age charged with Murder 2nd Degree (Felony Murder subdivision 3) if the underlying felony is listed in subdivision c, items (1) through (11) below c. 14 or 15 years of age and charged with: (1) Assault 1st Degree - Section 120.10, subdivisions 1 and 2 (2) Manslaughter 1st Degree - Section 125.20 (3) Rape 1st Degree - Section 130.35, subdivisions 1 and 2 (4) Criminal Sexual Act 1st Degree - Section 130.50, subdivisions 1 and 2 (5) Kidnapping 1st Degree - Section 135.25 (6) Burglary 1st Degree - Section 140.30 AND Burglary 2nd Degree Section 140.25, subdivision 1 (7) Arson 1st and 2nd Degrees - Sections 150.20 and 150.15 (8) Robbery 1st Degree - Section 160.15 AND Robbery 2nd Degree Section 160.10, subdivision 2 (9) Aggravated Sexual Abuse 1st Degree - Section 130.70 (10) Attempted Murder 2nd Degree - Section 110.00; Section 125.25 OR Attempted Kidnapping 1st Degree - Section 110.00; Section 135.25 (11) Criminal Possession of a Weapon 2nd Degree - Section 265.03 OR Criminal Possession of a Weapon 3rd Degree - Section 265.02, subdivision 4, and the offense takes place on school grounds. NOTE School grounds consist of any building or property within the property line of a public, private or parochial school from elementary up to and including high school or within a thousand feet of the property line of such school (Penal Law Section 220.00, subdivision 14). PROCEDURE When a juvenile is arrested and charged as a juvenile offender: ARRESTING OFFICER 1. NOTE Arresting officers must call the Juvenile Desk and confer with an analyst before beginning the arrest process to ensure that all available information regarding the juvenile is provided and additional resources (e.g., Juvenile Crime Squad, Law Department, Deputy Commissioner, Public Information, Internal Affairs Bureau, other investigative units, etc.) are notified or dispatched in a timely manner. Notify the Juvenile Desk if the juvenile is removed to a police facility. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-10 ARRESTING OFFICER (continued) PAGE: 08/01/13 2. 3. 4. 5. NOTE REVISION NUMBER: 2 of 4 Bring juvenile to appropriate area designated for interrogation of juveniles. a. Confer with desk officer to ascertain designated location when unknown. b. Have female police officer or other qualified female present, if juvenile is a female. Notify parent/guardian that juvenile is in custody and location of juvenile. Do not question until arrival of parent/guardian. a. Juvenile may be requested to provide pedigree information at location designated for interrogation PRIOR to advising juvenile of constitutional rights. Advise at the same time, juvenile AND parent/guardian of rights as stated in MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS (PD244-1413) prior to interrogation. a. The juvenile may be questioned if he/she waives their rights in the presence of the parent/guardian. The parent /guardian does not have to separately waive the Miranda rights; they only need to be advised of such rights. However, if the parent/guardian objects to the questioning or requests an attorney for the juvenile, no questioning should occur even if the juvenile is willing to answer questions. If the parent/guardian cannot be notified, a juvenile MAY be questioned ONLY after: a. Every reasonable effort has been made to notify parent/guardian b. Determining the necessity for questioning at this time c. Considering the age, apparent intelligence of the child, and the ability of the juvenile to understand Miranda Warnings. If the juvenile MUST be questioned, the officer MUST be prepared to testify that a “good faith” attempt was made to have a competent adult (e.g., relative, clergyman, teacher, etc.), other than law enforcement personnel, present during questioning; that the juvenile and the competent adult were advised jointly of the Miranda Warnings; that they understand these rights; and the effect of a waiver on these rights. 6. NOTE Prepare handwritten copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) and COMPLAINT REPORT WORKSHEET (PD313-152A), if applicable, at interrogation location. a. Enter specific offenses under “charges” with juvenile offender crimes listed first. b. Enter words “Juvenile Offender” in box captioned “DAT - Return Date.” A juvenile offender is NOT eligible for Personal Recognizance. 7. 8. 9. 10. Prepare JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET (PD277-151a) at interrogation location. a. Attach hard copy of FINEST System warrant check. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141), if necessary. Ensure that juvenile offender is fingerprinted and palmprinted in conformance with P.G. 208-11, “Livescan Fingerprinting and Palmprinting.” Deliver property and WORKSHEET to desk officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-10 PAGE: 08/01/13 DESK OFFICER 11. 12. 13. 14. ARRESTING OFFICER REVISION NUMBER: 15. 16. 3 of 4 Review and sign all arrest documents. Ensure distribution of JUVENILE ARREST INVESTIGATION/ PROBATION INTAKE REPORT (PD277-151). Keep juvenile offender segregated from adult prisoners while in custody. a. Direct that juvenile offender be placed in forward patrol wagon compartment and adult prisoners in rear compartment if being transported at the same time. Ensure the delivery of the ON LINE BOOKING ARREST WORKSHEET, COMPLAINT REPORT (PD313-152), if prepared, and related forms to the borough Court Section supervisor. Confer, when necessary, with the borough Court Section supervisor to determine if arraignment can be completed, prior to removing juvenile offender to borough Court Section facility. Do not place juvenile offender in detention holding area or individual cell with adult prisoner. NOTE Precinct based investigative units, including Precinct Detective Squad/Burglary/Robbery Apprehension Modules, will enhance any case being made against a violent juvenile offender. BOROUGH COURT SECTION SUPERVISOR 17. BOOKING OFFICER 19. NOTE UNDER NO CIRCUMSTANCES WILL JUVENILE OFFENDERS WHO ARE AWAITING ARRAIGNMENT IN CRIMINAL COURT, BE DETAINED OVERNIGHT AT A DEPARTMENT OF JUVENILE JUSTICE DETENTION CENTER. 18. Give juvenile offenders and companion case adult offenders priority in arrest processing, preparation of court complaint, arraignment, etc. Ascertain that ON LINE BOOKING SYSTEM ARREST WORKSHEET and other related forms are prepared accurately. Determine if arraignment of juvenile offender can be completed in Criminal Court. a. If juvenile offender is in the precinct of occurrence and arraignment cannot be completed, the desk officer, precinct of occurrence, must arrange transportation of juvenile to the designated juvenile lodging location, after conferral with the borough Court Section supervisor. b. If juvenile arrives at borough Court Section facility and it is determined the arraignment cannot be completed, and that facility is not a designated lodging location, the borough Court Section supervisor will direct the arresting officer and/or escort officer to transport juvenile to the designated lodging location. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-10 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 If the assistant district attorney declines to prosecute the juvenile offender and directs that the juvenile offender be released, the arresting officer will comply with P.G. 210-16, “Release of Prisoner at the Complaint Room By Direction of the Assistant District Attorney.” If the assistant district attorney directs that the charges be reduced to an offense not meeting juvenile offender classification but sufficient for processing as a juvenile delinquent, the arresting officer shall process the offender as a juvenile delinquent. The arresting officer will notify the borough Court Section supervisor so that the ON LINE BOOKING SYSTEM ARREST WORKSHEET may be changed if not already forwarded, or an ARREST REPORT - SUPPLEMENT (PD244-157) be prepared if ON LINE BOOKING SYSTEM ARREST WORKSHEET has been forwarded. The arresting officer will also notify the Juvenile Desk of any change in the charge(s) that will amend the status of the juvenile (e.g., upgrade in charge(s) or additional charges, Assistant District Attorney declines to prosecute juvenile, etc.). The identity of a youth under 16 years of age who has been arrested and charged as a juvenile offender (see “Definition” above) may be released. However, the identity of a youth taken into custody for juvenile delinquency MAY NOT be released. RELATED PROCEDURES Fingerprintable and Palmprintable Offenses (P.G. 208-08) Photographable Offenses (P.G. 208-07) Change In Arrest Charges (P.G. 208-17) Arrest Processing - “Livescan” Fingerprinting and Palmprinting (P.G. 208-11) Arrests - License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk (P.G. 208-21) Computerized Investigation Report Worksheet System (P.G. 208-23) Release Of Prisoner At Complaint Room By Direction of Assistant District Attorney (P.G. 210-16) Offenses Committed By A Child Under 16 Years Of Age (Other Than A Juvenile Offender) (P.G. 215-09) Utilization of the Juvenile Desk (P.G. 215-21) FORMS AND REPORTS ARREST REPORT - SUPPLEMENT (PD244-157) COMPLAINT REPORT (PD313-152) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET (PD277-151a) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE WORKSHEET (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-11 ARREST OF CHILD UNLAWFULLY IN CERTAIN LICENSED PREMISES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To take a child found in certain licensed premises into protective custody. DEFINITIONS CHILD - Actually or apparently under 16 years of age. LICENSED PREMISES - Public dance halls, cabarets, catering establishments, bars and grills, pool and billiard parlors, bowling alleys, skating rinks, theaters, motion picture theaters. PROCEDURE On discovering a child in a licensed premises: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. 8. Ascertain age of the child. Determine if presence is unlawful. Take child in to protective custody if presence in premises is in violation of law and arrest proprietor or person in charge. a. If a premise is a pool/billiard parlor, or bowling alley, issue a summons in lieu of arrest. b. If proprietor/person in charge is arrested, indicate under “Details” of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) a brief statement indicating person in charge of premises permitted or had knowledge of violation and actions that led arresting officer to make this conclusion. Escort child home, if residence is located within city. a. If residence of child is outside city limits, handle as “Child Requiring Shelter” until provision is made for returning child home. Inform parents of child of unlawful presence and question concerning reason. Advise parent of legal responsibilities. Prepare JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) and COMPLAINT REPORT WORKSHEET (PD313-152A), as per P.G. 215-08, “On-Line Juvenile Report System” and include under “Details” section: a. Occupation of parent/guardian b. Statements of parent/guardian. Submit WORKSHEETS to desk officer. DESK OFFICER 9. 10. Review WORKSHEETS for accuracy and sign. Process in normal manner. COMMANDING 11. OFFICER Forward report of action taken to Chief of Department, Investigation Review Section, DIRECT, if premises is: a. Catering establishment b. Cabaret c. Public dance hall. RELATED PROCEDURES Children Or Minors Requiring Shelter (P.G. 215-06) On-Line Juvenile Report System (P.G. 215-08) FORMS AND REPORTS JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-12 PERSONAL RECOGNIZANCE JUVENILE DELINQUENT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To release a child, at least seven but less than sixteen years of age, to the custody of parent, guardian, lawful custodian, or reasonably responsible adult relative for appearance at Family Court. PROCEDURE When the release of a child on personal recognizance is appropriate. DESK OFFICER 1. NOTE Determine if applicant is parent/guardian, lawful custodian, or reasonable responsible adult relative by evidence of identity and relationship to juvenile. JUVENILE WILL NOT BE RELEASED IF: a. Applicant, as defined above, is not capable of providing adequate supervision b. Juvenile is wanted on a warrant or is juvenile recidivist c. Health or morals of juvenile would be endangered if released d. Juvenile is not likely to appear on return date e. Juvenile’s release would be dangerous to community f. Classified as “Juvenile Offender” (P.G. 215-10) g. Juvenile is a “Designated Felon” and Family Court is in session h. Juvenile is arrested for a felony and conferral with the Juvenile Desk indicates that the juvenile is awaiting trial on a violent felony i. An act committed by a juvenile against a member of his or her family/household (as per P.G. 208-36, “Family Offenses/Domestic Violence”) (NYPD expanded definition) is a felony assault, or any sex offense, or other circumstances exist where the release of juvenile would be dangerous to a member of the same family/household. If a juvenile is alleged to have committed one or more of the listed “Designated Felony” offenses (see ADDITIONAL DATA) and Family Court is in session, the member concerned will take the juvenile delinquent to Family Court without delay unless interrogation of the juvenile is required. If questioning is necessary, the member will take the juvenile to a command location which has been approved as a suitable facility for the interrogation of juveniles. An APPEARANCE TICKET - FAMILY COURT (PD277-130) will not be issued to a juvenile delinquent who has been taken into custody for a “Designated Felony” if Family Court is in session. In all cases in which a youth is arrested and charged with a violent felony act, the Precinct Detective Squad/Robbery Apprehension Module will be directed to enhance the arrest. It will also be their responsibility to identify, locate and apprehend any accomplices in gun related cases or acts of youth violence and attempt to match them to other outstanding crimes. These units will also attempt to identify and apprehend those selling guns to minors. UNIFORMED MEMBER OF THE SERVICE 2. Prepare JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET (PD277-151a). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-12 REVISION NUMBER: PAGE: 08/01/13 2 of 5 WHEN JUVENILE IS TO BE RELEASED UNIFORMED MEMBER OF THE SERVICE 3. NOTE Refusal of a parent/guardian, etc., to sign does not bar release of the juvenile and issuance of the APPEARANCE TICKET. However, if the parent/guardian, etc., refuses to take custody of the juvenile, the juvenile must be remanded. 4. 5. NOTE Prepare APPEARANCE TICKET-FAMILY COURT (PD277-130) and have applicant sign in place provided. a. If the person refuses to sign the form, the word “REFUSED” will be entered on the signature line. Distribute copies as indicated on form. a. Provide complainant with pink copy of APPEARANCE TICKET - FAMILY COURT, if applicable. Prepare and deliver to complainant, JUVENILE DELINQUENT ARREST COMPLAINANT’S NOTIFICATION TO APPEAR (PD277-120). This form must be prepared in all arrests whether the juvenile is released on personal recognizance or is to be detained. DESK OFFICER 6. Attest to the accuracy and completeness of forms by signing forms in appropriate spaces with rank, name, and shield number/tax number. NOTE All juveniles taken into custody for the same incident must appear at the same time and place for intake processing. If one juvenile does not qualify for personal recognizance, all others (acting in concert) who are released on personal recognizance, must appear at the borough Family Court on the next morning that court is in session. UNIFORMED MEMBER OF THE SERVICE 7. Prepare arrest package containing the following forms: a. Copy - ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) b. BUFF copy - APPEARANCE TICKET - FAMILY COURT c. Evidence/Release Investigation copy of appropriate PROPERTY CLERK INVOICE (PD521-141), if evidence is involved. d. Copy of COMPLAINT REPORT (PD313-152), if finalized and signed-off. If not finalized and signed-off, the COMPLAINT REPORT WORKSHEET (PD313-152A) will be submitted. e. AIDED REPORT WORKSHEET (PD304-152b), if prepared. f. Copy of ACTIVITY LOG (PD112-145) entry. g. JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151). (1) Distribute remaining copies to precinct youth officer, Youth Services Section, and juvenile detention facility, if juvenile is detained. h. Any other related arrest information including copies of arresting officer’s/investigator’s personal notes. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-12 NOTE REVISION NUMBER: PAGE: 08/01/13 3 of 5 In ALL cases of an arrest of a juvenile, other than a juvenile offender, the desk officer will ensure the above forms/reports are faxed to the respective borough Court Section (Attn: NYPD Family Court Liaison Officer) (see ADDITIONAL DATA statement for listing of liaison officers). During business hours, the Family Court Liaison Officer will be called to verify receipt of the above reports. During non-business hours, the fax transmittal receipt, indicating receipt of the above reports at the borough Court Section, will be obtained and attached to the court package. IF JUVENILE IS TO BE DETAINED UNIFORMED MEMBER OF THE SERVICE 8. 9. 10. NOTE Call the Horizon Juvenile Center to arrange for lodging. Forward copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET, COMPLAINT REPORT, if prepared, and copy of JUVENILE ARREST INVESTIGATION/ PROBATION INTAKE REPORT to juvenile detention facility with juvenile. Appear in Family Court, located in borough of arrest, with civilian complainant, if any, the next morning that court is in session. Members will adhere to P.G. 215-23, “Court Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays” if an appearance at Family Court is requested on a weekend or court holiday and the borough Family Court is not in session. IF CHILD, ELIGIBLE FOR RELEASE, HAS BEEN SENT TO A DETENTION SHELTER DESK OFFICER 11. 12. 13. 14. Notify juvenile counselor on duty at shelter. Prepare NOTICE OF RECOGNIZANCE - JUVENILE DELINQUENT (PD209-121) and give to applicant for presentation at place of detention. Make Command Log entry when notified by officer at shelter that juvenile has been released. Notify arresting officer of release and scheduled appearance date. NOTE If applicant appears at a command where the shelter is located, the desk officer will telephone the command of arrest and carry out steps “11 through 14” above. ADDITIONAL DATA If laboratory examination of a controlled substance or a firearm is required, the Police Laboratory/Firearms Analysis Section, as appropriate, will forward a copy of the results of the analysis to the Family Court Liaison Officer, Family Court concerned, when such report is requested. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-12 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 5 DESIGNATED FELONIES - JUVENILE DELINQUENTS AGE/S OFFENSE PENAL LAW SECT. 13 ONLY Kidnapping 1 135.25 13 ONLY Arson 1 150.20 13 ONLY Assault 1 120.10 13 ONLY Manslaughter 1 125.20 13 ONLY Rape 1 130.35 13 ONLY Criminal Sexual Act 1 130.50 13 ONLY Aggravated Sexual Abuse 1 130.70 13 ONLY Arson 2 150.15 13 ONLY Robbery 1 160.15 13 ONLY Murder 2 (subdivision 3) 125.25 13 ONLY Attempted Murder 2 110/125.25 13 ONLY Attempted Kidnapping 1 110/135.25 14 & 15 ONLY Assault 1 (subdivisions 3 and 4) 120.10 14 & 15 ONLY Rape 1 (subdivision 3) 130.35 14 & 15 ONLY Criminal Sexual Act 1 (subdivision 3) 130.50 13, 14, 15 ONLY Murder 1 125.27 13, 14, 15 ONLY Attempted Murder 1 110/125.27 13, 14, 15 ONLY *Kidnapping 2 135.20 *(Only where abduction involved use or threat of use of deadly physical force.) If Family Court is closed, and juvenile qualifies for recognizance, a juvenile who has committed a “Designated Felony” may be released after the issuance of an APPEARANCE TICKETFAMILY COURT. If an APPEARANCE TICKET - FAMILY COURT is issued, the member concerned will obtain the return date from the Juvenile Desk. It should be noted that the Department of Probation has directed that the return date for a released “Designated FelonyJuvenile Delinquent” will be the next date the court is open and the police officer will NOT be excused. Accordingly, the member must appear at Family Court on the next court date for the processing of “Designated Felonies-Juvenile Delinquents.” In cases where an APPEARANCE TICKET-FAMILY COURT is issued, the arresting officer will contact the Juvenile Desk to obtain a Family Court return date. If the arresting officer is reporting to court on the day of arrest or the next day, he/she will bring all required forms/reports to borough Court Section sign-in room, in addition to faxing required forms/reports to the respective borough Court Section. If the juvenile is issued an APPEARANCE TICKET-FAMILY COURT, the desk officer will ensure that all required forms/reports are forwarded to the borough Court Section Family Court Liaison Officer in the next day’s a.m. mail, in addition to faxing required forms/reports to the respective borough Court Section. In those instances where the juvenile is removed to the Horizon Juvenile Center (juvenile detention facility), the desk officer will ensure that copies of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET, COMPLAINT REPORT (if finalized and signed) or COMPLAINT REPORT WORKSHEET, if prepared, and the JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT are forwarded with the juvenile, in addition to faxing required reports/forms to the respective borough Court Section. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-12 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 5 of 5 ARRESTING OFFICER/APPEARANCE IN FAMILY COURT JUVENILE DELINQUENT FAMILY COURT REMANDED (APPEARANCE TICKETFAMILY COURT NOT ISSUED) APPEAR 0900 HOURS NEXT BUSINESS DAY RELEASED ON RECOGNIZANCE FOR DESIGNATED FELONY APPEAR 0900 HOURS NEXT BUSINESS DAY RELEASED ON RECOGNIZANCE FOR NON-DESIGNATED FELONY ARRESTING OFFICER EXCUSED Members will adhere to P.G. 215-23, “Court Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays” if an appearance at Family Court is requested on a weekend or court holiday and the borough Family Court is not in session. BOROUGH COURT SECTION FAMILY COURT LIAISONS BOROUGH MANHATTAN ADDRESS 60 LAFAYETTE STREET BROOKLYN 330 JAY STREET BRONX 900 SHERIDAN AVENUE QUEENS 151-20 JAMAICA AVENUE STATEN ISLAND 100 RICHMOND TERRACE RELATED PROCEDURES Computerized Investigation Report Worksheet System (P.G. 208-23) Family Offenses/Domestic Violence (P.G. 208-36) Offense Committed By A Child Under 16 Years Of Age (Other Than Juvenile Offender) (P.G. 21509) Arrests - Juvenile Offender (P.G. 215-10) Court Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays (P.G. 21523) FORMS AND REPORTS ACTIVITY LOG (PD112-145) APPEARANCE TICKET-FAMILY COURT (PD277-130) COMPLAINT REPORT (PD313-152) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET (PD277-151a) JUVENILE DELINQUENT ARREST COMPLAINANT’S NOTIFICATION TO APPEAR (PD277-120) NOTICE OF RECOGNIZANCE-JUVENILE DELINQUENT (PD209-121) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-13 HANDCUFFING STUDENTS ARRESTED WITHIN SCHOOL FACILITIES DATE ISSUED: 09/06/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 1 of 3 PURPOSE To set forth a uniformed procedure designed to ensure the safety of both the arresting uniformed member of the service as well as the student being taken into Department custody. SCOPE The Department's policy, for the safety of all concerned, will be to rear handcuff students who are arrested in a school facility unless mitigating circumstances dictate not to. DEFINITIONS CONSTRUCTIVE RESTRAINT – Physical control, with no restraining device employed, using the minimal amount of physical force that is necessary to control movement in order to ensure the safety of the child (i.e., for use on a child who is obeying all commands). ALTERNATIVE RESTRAINT – Nylon/Velcro restraining device for use on a child (based on factors in ADDITIONAL DATA statement) who poses a possible safety risk, risk of flight and/or non-compliance. PROCEDURE Whenever effecting an arrest of a student inside a school facility within New York City: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. PRECINCT SCHOOL SAFETY SERGEANT/ PATROL SUPERVISOR 7. 8. Notify, confer, and coordinate actions with School Safety Division personnel prior to taking police action in a public school facility, unless exigent circumstances exist. Remove student, if possible, to a semi-private location (e.g. principal's office, school security office). Inform student of authority and cause, unless physical resistance, flight or other factors render such procedure impractical. Use appropriate level of restraint when applicable (e.g., handcuffs, constructive restraint, alternative restraint, etc.) based on factors described in ADDITIONAL DATA statement under heading, “OPERATIONAL CONSIDERATIONS.” Request precinct school safety sergeant or, if unavailable, patrol supervisor to respond to the scene, if an arrest is effected. Inform school personnel of the decision to effect an arrest and the basis of that decision. Respond to school and verify that probable cause exists to support the arrest. Advise school personnel that an arrest will be effected. a. Advise objecting school administrators within Department of Education facilities to contact their Legal Division. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-13 REVISION NUMBER: PAGE: 09/06/13 2 of 3 UNIFORMED MEMBER OF THE SERVICE 9. Restrain student with hands behind back, using appropriate restraints. a. A student who is sixteen years of age or older is not eligible for constructive or alternative methods of restraint. PRECINCT SCHOOL SAFETY SERGEANT 10. Meet with all principals of schools located within the command to apprise them of the Department’s handcuffing guidelines. UNIFORMED MEMBER OF THE SERVICE 11. Comply with all pertinent arrest related procedures. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Constructive restraint or alternative restraints may be utilized when it is necessary to take a child into police custody. The safety of all persons involved is the predominant factor in determining if a child should be restrained, and if restrained, which method is utilized. It is incumbent upon the member of the service (i.e., precinct school safety sergeant/patrol supervisor and/or designated school safety personnel) to use a reasonable belief standard in determining the level of restraint. Factors which may be considered in making this determination include the following: a. Age of the child (generally a child who is less than twelve years of age; however, any child less than sixteen years of age is eligible for alternative restraint, dependent upon circumstances) b. Physical stature of the child c. Type of offense/nature of incident (including use of weapons) d. Presence of child’s parent/guardian e. The number of children being taken into custody f. The reputation of the child with school authorities (including whether the child has a history of emotional or behavioral difficulties) g. The child’s demeanor and compliance with instructions given by school staff, parents and members of the service h. Whether the child is demonstrating behavior that may cause imminent harm to himself/herself or others i. Whether there is possible risk of escape j. Medical, mental, physical and/or emotional condition/limitation of the child, if known. While restraining devices generally are not required when taking elementary school aged children into custody, if it has been determined by on-scene personnel that the use of a restraining device would be appropriate, the use of a nylon/Velcro device may be considered, in lieu of handcuffs. It should be noted that nothing in this directive would preclude the precinct school safety sergeant/patrol supervisor or school safety personnel from utilizing handcuffs, if deemed necessary for safety reasons. Handcuffs should only be used on children after other alternative methods of restraint are considered to be inadequate given the circumstances. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 3 of 3 If upon investigation it is determined that the incident involves the commission of a violation by the juvenile and not the commission of a felony or a misdemeanor, the juvenile shall not be removed from the school and transported to a Department facility. ADDITIONAL DATA (continued) If a juvenile has been removed from the field and brought to a Department facility, a notification must be made to the Juvenile Crime Desk. The Juvenile Crime Desk will assist supervisors in making a determination whether a juvenile should be released on a JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) or if the juvenile should be processed as a juvenile delinquent as per Patrol Guide 215-09, “Offense Committed by a Child Under 16 Years of Age (Other Than a Juvenile Offender). LEGAL CONSIDERATIONS Whether probable cause to arrest exists will be determined by the Police Department. While the desires of school personnel (principals, teachers, etc.) may be considered by the uniformed member of the service in determining whether an arrest is warranted, the views of school personnel are NOT controlling. In the event a conflict arises between a uniformed member of the service who wishes to effect an arrest of a student and school personnel, the uniformed member of the service will request the response of the precinct school safety sergeant or, if unavailable, patrol supervisor. Under no circumstances will school personnel be permitted to interfere with an arrest the precinct school safety sergeant or, if unavailable, patrol supervisor has deemed warranted. RELATED PROCEDURES Prisoners - General Procedure (P.G. 210-01) Truants (P.G. 215-07) Offense Committed by a Child Under 16 Years of Age (Other Than a Juvenile Offender) (P.G. 215-09) Police Actions, Related Questioning, Arrests and Investigations at Department of Education Facilities (P.G. 215-17) FORMS AND REPORTS JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-14 CHILD ADVOCACY REFERRALS IN THE BOROUGHS OF BROOKLYN AND QUEENS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To enhance investigations of reported cases of child abuse in the boroughs of Brooklyn and Queens. PROCEDURE Whenever there is any allegation that a child: a. b. Less than eleven years of age is the victim of abuse, OR Less than thirteen years of age is the victim of any sex crime or attempted sex crime. NOTE In cases referred in accordance with this procedure, police officers are reminded that it is mandatory to report child abuse and neglect to the New York State Central Registry of Child Abuse. Notification to the ACS IRT hotline DOES NOT substitute for the required notification to the State Central Registry. UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. Promptly refer active child abuse and sex crime cases directly from the scene, or through the desk officer, to the appropriate Child Abuse Squad. a. Brooklyn: Brooklyn Child Abuse Squad. b. Queens: Queens Child Abuse Squad. Notify the Administration for Children’s Services Instant Response Team (ACS/IRT) Coordinator whenever: a. a child is removed from a household by police personnel OR b. an arrest is made in connection with the abuse or neglect of a child. Prepare reports as specified in P.G. 215-03, “Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children.” Enter name of detective notified and the Child Abuse Squad case number under “Details” on COMPLAINT REPORT WORKSHEET (PD313-152A). IF AN ARREST IS EFFECTED BY A UNIFORMED MEMBER OF THE SERVICE ON PATROL FOR ANY SEX CRIME AGAINST A CHILD LESS THAN THIRTEEN YEARS OF AGE : ARRESTING OFFICER 5. Notify Brooklyn or Queens Child Abuse Squad immediately. CHILD ABUSE SQUAD, MEMBER CONCERNED 6. Advise arresting officer, and a. Determine if a case enhancement is needed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-14 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 ADDITIONAL DATA The Brooklyn Child Abuse Squad is located at the Brooklyn Child Advocacy Center, 45 Nevins Street, Brooklyn, New York 11217. The Queens Child Abuse Squad is located at the Queens Child Advocacy Center, 112-25 Queens Boulevard, Forest Hills, New York 11375. Hours of operation are 0800 to 0100 hours, seven days a week. After office hours, notifications of child abuse and sex crimes will be made to the Detective Borough Brooklyn Nightwatch or Detective Borough Queens Nightwatch, as appropriate. RELATED PROCEDURES Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints) (P.G. 207-07) Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children (P.G. 215-03) FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-15 CONFISCATION OF NEW YORK CITY TRANSIT STUDENT METRO CARDS DATE ISSUED: 09/06/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 1 of 2 PURPOSE To establish procedures and guidelines for the confiscation of a New York City Transit Student Metro Card. SCOPE If a Student Metro Card is illegally possessed i.e., one which was legally issued to another, it will be confiscated and further police action will be taken depending upon the circumstances. When a student has committed a felony or a misdemeanor against New York City Transit property, employees or passengers, and possesses a Student Metro Card legally, that card will be confiscated and appropriate police action will be taken. DEFINITION STUDENT METRO CARDS - Utilized by students going to and from school and school events on New York City Transit subways and New York City/MaBSTOA local buses, as well as Staten Island Railroad trains at St. George Terminal. Student Metro Cards are valid from 0530 to 2030 hours on school days. Night School Student Metro Cards are valid from 1300 to 0100 hours. Student Metro Cards must be swiped in a turnstile and may not merely be displayed to permit entry. New York City Transit encourages students to sign their Metro Cards, but this is not a requirement. An unsigned card is valid, and should NOT be confiscated merely because it is unsigned. PROCEDURE When a Student Metro Card is confiscated: UNIFORMED MEMBER OF THE SERVICE 1. Prepare SCHOOL TRANSPORTATION PASS CONFISCATION REPORT (PD516-170). IF IT IS SUSPECTED THAT THE CARD MAY HAVE BEEN REPORTED LOST OR STOLEN: UNIFORMED MEMBER OF THE SERVICE 2. 3. 4. 5. 6. 7. 8. Call the New York City Transit Fare Media Unit for school of issuance. Call the school where the card was issued, to verify if the card has been reported lost or stolen. Indicate on the SCHOOL TRANSPORTATION PASS CONFISCATION REPORT, when lost/stolen card verification cannot be made during nonbusiness hours. Prepare other Department reports as required. Record all information in ACTIVITY LOG (PD112-145). Enter the PROPERTY CLERK INVOICE (PD521-141) number on the SCHOOL TRANSPORTATION PASS CONFISCATION REPORT, if Student Metro Card is vouchered as evidence. a. DO NOT write on confiscated card. Submit completed SCHOOL TRANSPORTATION PASS CONFISCATION REPORT and confiscated card to the precinct/district desk officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-15 REVISION NUMBER: PAGE: 09/06/13 9. PRECINCT/ DISTRICT DESK OFFICER 10. 11. 2 of 2 Review completed SCHOOL TRANSPORTATION PASS CONFISCATION REPORT for completeness and accuracy and sign the appropriate caption. Direct that a check be made by second platoon clerical personnel on the next business day, if SCHOOL TRANSPORTATION PASS CONFISCATION REPORT indicates that a lost/stolen card check was not made. Have original and first copy of SCHOOL TRANSPORTATION PASS CONFISCATION REPORT with confiscated card forwarded to Transit Bureau, Patrol Operations. a. Retain second copy in command file. TRANSIT BUREAU, PATROL OPERATIONS 12. Maintain first copy of SCHOOL TRANSPORTATION PASS CONFISCATION REPORT for filing as a juvenile record. a. Forward original with card to: Manager of Fare Media-New York City Transit, 370 Jay Street, Brooklyn, New York, 11201. ADDITIONAL DATA Certain categories of Metro Cards produce different colored lights at the turnstile. Student Metro Cards produce an amber light; police and transit employee Metro Cards produce a green light; and half-fare cards (senior citizens, handicapped, etc.) produce a red light. No light is produced by a full fare Metro Card. Police officers may detect the improper use of a Student Metro Card by an adult, or of an adult employee’s card by a youth, by noticing the color of light produced when the card is swiped. Questions about the proper use of Metro Cards may be referred to the New York City Transit Fare Media Unit. RELATED PROCEDURE Processing of Found Property Recovered by School Safety Agents in Facilities or on Property Owned by the Department of Education (P.G. 218-46) FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE (PD521-141) SCHOOL TRANSPORTATION PASS CONFISCATION REPORT (PD516-170) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-16 REPORTING AND RECORDING PUBLIC SCHOOL-RELATED CRIMINAL INCIDENTS DATE ISSUED: 09/06/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 1 of 4 PURPOSE To record and monitor public school-related criminal incidents, thus enabling the Police Department to conduct timely incident analysis, develop strategies and tactics, and effectively deploy resources. DEFINITION PUBLIC SCHOOL-RELATED CRIMINAL INCIDENT(S) incidents occurring on public school grounds, in the immediate vicinity of the school, on a school bus, at a school-sponsored event or while traveling to and from school, including the following: a. Any felony or misdemeanor offense. b. Any incident involving: 1) Gangs 2) Weapons 3) Controlled substances. c. Violation offenses involving: 1) Fireworks 2) Trespass 3) Disorderly Conduct 4) Harassment 5) Loitering 6) Marijuana. NOTE The student’s name (as victim or suspect) will not be recorded on the SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD313-147) for offenses as per “c” above, as well as the identity of victims of sex related offenses. Such victims will be indicated by use of the term “person(s) known to this Department.” PROCEDURE When a public school-related criminal incident occurs: a. On public school grounds b. In the immediate vicinity of the school c. On a school bus d. At a school-sponsored event or e. While traveling to and from school: SCHOOL SAFETY AGENT/ U.M.O.S. ASSIGNED TO THE SCHOOL 1. 2. 3. 4. SCHOOL SAFETY AGENT 5. 6. LEVEL 3 Request police response, via 911/radio dispatcher if an emergency, or via local precinct in other situations. Request School Safety Agent Level 3 to respond. Notify school principal/designee. Respond to incident location. Review actions taken by School Safety Division personnel. Ensure that all required notifications are made, including the Patrol Borough Liaison Captain in situations of a serious nature. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-16 REVISION NUMBER: PAGE: 09/06/13 2 of 4 NOTE If the School Safety Agent Level 3 is unavailable, a School Safety Supervisor will be requested to respond from the School Safety Borough Command and perform the duties of the School Safety Agent Level 3. SCHOOL SAFETY AGENT/ PRECINCT U.M.O.S. ASSIGNED TO THE SCHOOL 7. NOTE The above form will be prepared in addition to any other Department reports/forms [JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A), COMPLAINT REPORT WORKSHEET (PD313-152A), ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), YOUTH REFERRAL (PD377-153), AIDED REPORT WORKSHEET (PD304-152b), etc.,] that are relevant to the incident. 8. 9. 10. 11. Interview students, complainants and witnesses in accordance with P.G. 215-17, “Police Actions, Related Questioning, Arrests, and Investigations at Department of Education Facilities” and request that they remain at the scene pending arrival of other supervisor/police personnel, if required. Prepare SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD 313-147). Notify School Safety Division Operations Center and obtain the SSD Operations Center serial number. Enter details of incident in ACTIVITY LOG (PD112-145). Sign SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT. 12. SCHOOL SAFETY AGENT 13. LEVEL 3 Ensure that SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT is properly prepared. Sign the SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT and forward report to the School Safety Division Borough Command. SCHOOL SAFETY DIVISION BOROUGH COMMAND SUPERVISOR/ DESIGNEE 14. Review the SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT for accuracy and completeness. Contact the precinct school safety sergeant and/or other designated precinct personnel to determine the proper offense classification and to obtain any follow-up information. Make two photocopies of the original SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT and distribute as follows: a. Original to School Safety Division Operations Center b. One copy to the School Safety Sergeant, precinct of occurrence c. One copy filed in the School Safety Division Borough Command. PRECINCT SCHOOL SAFETY SERGEANT 17. 15. 16. 18. 19. Respond to public school-related criminal incidents of a serious nature and review action taken by School Safety Division and/or precinct personnel and determine if additional resources and notifications are required. Ensure that the school principal/designee is notified. Conduct additional interviews of students, complainants and witnesses, if necessary, in accordance with P.G. 215-17, “Police Actions, Related Questioning, Arrests, and Investigations at Department of Education Facilities.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-16 PRECINCT SCHOOL SAFETY SERGEANT (continued) PAGE: 09/06/13 20. 21. 22. 23. 24. 25. 26. 27. ADDITIONAL DATA REVISION NUMBER: 3 of 4 Ensure that the SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT is properly completed. Conduct a daily review of all police incidents, which may be public school-related to ascertain if a SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT was prepared. Prepare a SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT, if required. Make appropriate notifications, including the School Safety Division Operations Center to obtain the SSD Operations Center serial number. a. Distribute the report to the School Safety Division Borough Command. Conduct a daily review of all SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORTS prepared for public school-related criminal incidents occurring in assigned precinct to ensure that the appropriate Police Department procedures were followed and necessary forms were prepared. Meet regularly with School Safety Agents and public school principals/designees to: a. Ascertain if they are aware of criminal incidents which have been reported to the Police Department. b. Ensure that the Police Department is aware of public schoolrelated criminal incidents which have been reported to the Department of Education. Provide copies of all SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORTS to the precinct crime analyst and Patrol Borough Pattern Identification Module to assist in pattern identification and the development of strategies and tactics. Insure that the Patrol Borough Liaison Captain is apprised of all incidents, especially those of a serious nature. The precinct desk officer will ensure that the precinct school safety sergeant is notified of any public school criminal-related incident: a. Occurring during non-school hours, e.g., burglary of a school on a weekend. b. Occurring during school hours, where the school safety agent or precinct school safety sergeant may be unaware of the incident. Uniformed members of the service will follow the provisions of P.G. 212-13, “Reporting Gang-Related Criminal Activity,” regarding reporting requirements for possible gang related/motivated incidents or arrests of suspected or identified gang members. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-16 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 4 of 4 ADDITIONAL DATA (continued) School Safety Agents, School Safety Agents Level 3, School Safety Division supervisors, School Safety Division Operations Center supervisors and police supervisors will ensure that the student’s name (as victim, witness, or suspect) is NOT recorded on the SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT for violation offenses involving: 1) Fireworks 2) Trespass 3) Disorderly Conduct 4) Harassment 5) Loitering 6) Marijuana. RELATED PROCEDURES Precinct School Safety Sergeant (P.G. 202-20) Truants (P.G. 215-07) On-Line Juvenile Report System (P.G. 215-08) Offense Committed By A Child Under 16 Years Of Age (Other Than A Juvenile Offender) (P.G. 215-09) Arrest Of Juvenile Offender (P.G. 215-10) Personal Recognizance Juvenile Delinquent (P.G. 215-12) Handcuffing Students Arrested Within School Facilities (P.G. 215-13) Police Action, Related Questioning, Arrests and Investigations at Department of Education Facilities (P.G. 215-17) Search Protocols For School Safety Agents (P.G. 215-18) FORMS AND REPORTS SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD313-147) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) COMPLAINT REPORT WORKSHEET (PD313-152A) YOUTH REFERRAL (PD377-153) AIDED REPORT WORKSHEET (PD304-152b) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-17 POLICE ACTIONS, RELATED QUESTIONING, ARRESTS AND INVESTIGATIONS AT DEPARTMENT OF EDUCATION FACILITIES DATE ISSUED: 09/06/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 1 of 2 PURPOSE To establish the protocols for police actions, related questioning, arrests and investigations at Department of Education facilities. PROCEDURE When taking police action at Department of Education facilities: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. ADDITIONAL DATA Coordinate activities with School Safety Division personnel, if practicable, when taking police action on or contiguous to Department of Education property/facilities. Confer with principal/school staff, except if exigent circumstances exist, when entering Department of Education school/facility to take police action. Request precinct school safety sergeant or, if unavailable, patrol supervisor to respond to the scene, if an arrest is effected. INVESTIGATIVE CONSIDERATIONS The School Safety Division has at least one school safety agent assigned to every public school in New York City. School safety agents possess a wealth of information regarding schools to which they are assigned (i.e., students, key school staff, and facility layout [locations of entrances and exits, floor plans], etc.). Thus, every effort must be made by members responding to public schools to confer with School Safety Division personnel prior to taking enforcement action, unless exigent circumstances exist. LEGAL CONSIDERATIONS WHEN POLICE ACTION INVOLVES QUESTIONING, ARREST, OR INVESTIGATION When a uniformed member of the service wishes to investigate a school-related crime, the principal/designee must permit the interviewing of school staff, or other non-student witnesses/victims. These individuals, however, may not be compelled to submit to such questioning. When a uniformed member of the service wishes to question a student in school regarding a school-related crime, the principal/designee will make every reasonable effort to contact the student’s parent/guardian. If notification is made, the member of the service shall consult with the parent/guardian about how the parent/guardian wishes to proceed. If the parent/guardian does not object, the principal/designee must allow the student to be questioned. If the parent/guardian cannot be reached, the principal/designee must permit the uniformed member of the service to question the student under the following circumstances: a. If the parent/guardian of a student who is suspected of committing a crime cannot be reached, the uniformed member of the service may not question the student unless the member feels there is a continued threat of imminent danger. b. If a parent/guardian of a student who is not a suspect (i.e. victim or witness) cannot be reached, a uniformed member of the service may not question the student unless there are exigent circumstances warranting proceeding with the questioning. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-17 PAGE: 09/06/13 c. ADDITIONAL DATA (continued) REVISION NUMBER: 2 of 2 In cases where questioning is conducted without parental notification, the principal or designee may be present during the questioning. The principal or designee, however, may not compel a student to submit to questioning. Imminent danger or exigent circumstances may include, but are not limited to, an active investigation of a violent crime including homicide, arson, robbery, sex offenses, weapons possession, or assault where there are reasonable grounds to believe that a current or former student is a suspect, or has information concerning the investigation, that is necessary to protect the health or safety of students or others. When a uniformed member of the service wishes to access student information from Department of Education records regarding an investigation or arrest, a court order or subpoena must be obtained unless there is a health or safety emergency, consent of the student’s parent/guardian, or consent of the student, if eighteen years of age or older. Absent such court order or subpoena, or exceptions above, principals or other school staff will not release student information. This includes NYPD school safety agents. A health or safety emergency is a situation which presents imminent danger (as described above) or which requires the immediate need for information to avert or defuse unusual conditions or disruptions. RELATED PROCEDURES Precinct School Safety Sergeant (P.G. 202-20) Arrests - General Processing (P.G. 208-03) Prisoners General Procedure (P.G. 210-01) Truants (P.G. 215-07) On-Line Juvenile Report System (P.G. 215-08) Offense Committed by a Child Under 16 Years of Age (Other Than a Juvenile Offender) (P.G. 215-09) Arrest of Juvenile Offender (P.G. 215-10) Personal Recognizance Juvenile Delinquent (P.G. 215-12) Handcuffing Students Arrested Within School Facilities (P.G. 215-13) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-18 SEARCH PROTOCOLS FOR SCHOOL SAFETY AGENTS DATE ISSUED: 09/06/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 1 of 3 PURPOSE To establish the protocols for the search of students, their possessions, and their lockers by School Safety Division personnel. SCOPE A student’s possessions and person may be searched by a school safety agent provided that school officials have reasonable suspicion to believe that the search will turn up evidence that the student has violated or is violating either the law or school rules and regulations. The extent or the scope of the search must be reasonably related to the objective of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction. PROCEDURE When conducting searches of students, their possessions, or their lockers: SEARCH OF STUDENTS AND THEIR POSSESSIONS (BAGS, CLOTHING, ETC.) SCHOOL SAFETY AGENT 1. 2. 3. Conduct searches of students and their belongings only on behalf of principals or their designee, except if an emergency condition exists. (See ADDITIONAL DATA statement under heading, “EMERGENCY SEARCHES OF STUDENTS AND THEIR POSSESSIONS”). Bring the student to a location designated by the principal or designee, if it is determined that a search is warranted. Inform the student that there are reasonable grounds to believe that they have violated or are violating the law or school rules and regulations. SCHOOL PRINCIPAL/ DESIGNEE 4. Question the student as to whether he/she has anything in their possession not permitted in school, prior to conducting the search. If the student acknowledges that he/she is in possession of contraband, ask the student to remove it from their person or belongings. SCHOOL SAFETY AGENT 5. Remove the item, which is believed to be evidence of the student violating a law or school rules and regulations, if student refuses to remove same when asked by principal/designee. SEARCH OF LOCKERS SCHOOL SAFETY AGENT 6. 7. Inform the principal or designee when there is reasonable suspicion that a student’s locker contains contraband. Search locker, only at the direction of principal or designee, except if an emergency condition exists. The principal or designee must be present while the search of the locker is conducted. (See ADDITIONAL DATA statement under heading, “EMERGENCY SEARCHES OF LOCKERS”). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-18 REVISION NUMBER: PAGE: 09/06/13 2 of 3 WHEN A STUDENT IS FOUND TO BE IN POSSESSION OF CONTRABAND SCHOOL SAFETY AGENT 8. 9. 10. ADDITIONAL DATA Notify the command concerned, if item is a violation of law, and follow appropriate procedure for the invoicing of property and arrest of student(s). In non-arrest circumstances, request precinct personnel to respond to take custody of the contraband and invoice items seized. Take control of and invoice the property under Department of Education procedures, if item is a violation of school rules and regulations only. LEGAL CONSIDERATIONS Nothing in this procedure supersedes the rights and responsibilities of uniformed members of the service regarding search and seizure under applicable provisions of the Criminal Procedure Law. SEARCH GUIDELINES If the student declines to remove the item or denies possession of any contraband, a search may be conducted at the direction of the principal/designee. To the maximum extent possible, if the search involves contact with the student, the search shall be conducted by a school safety agent of the same gender as the student being searched. In situations where a student’s gender is not immediately apparent or a student objects to the gender of the school safety agent assigned to perform the search, the school safety agent’s supervisor will assign a school safety agent of the gender requested by the student, consistent with school safety agent safety and resource availability. Consistent with the privacy concerns of the student, only those school safety agents reasonably necessary to conduct the search should be present for the search. Under no circumstances shall school safety agents conduct searches for the purpose of determining gender. Additionally, school safety agents shall not ask questions about a student’s anatomy without a reasonable basis for doing so. Refer to P.G. 203-10, “Public Contact – Prohibited Conduct.” Under no circumstances will a strip-search of a student be conducted. EMERGENCY SEARCHES OF STUDENTS AND THEIR POSSESSIONS An emergency condition is an incident that requires immediate intervention to protect the safety and security of the school community or any person. A search may be conducted if there is reasonable suspicion to believe that a student has violated or is violating the law or school rules and procedures. Once the emergency condition is under control, the school safety agent will immediately take the student to the principal or designee and advise the principal/designee of the situation. EMERGENCY SEARCHES OF LOCKERS An emergency condition is one that requires immediate intervention to protect the safety and security of the school community or any person. Once the situation is under control, the principal or designee will be immediately advised of the situation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-18 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 3 of 3 RELATED PROCEDURES Procedures for Reporting and Recording Public School-Related Criminal Incidents (P.G. 215-16) Police Actions, Related Questioning, Arrests and Investigations at Department of Education Facilities (P.G. 215-17) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-19 ABANDONED INFANTS/OPERATION SAFE HAVEN DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To ensure the safety of any abandoned infant and familiarize uniformed members of the service with the provisions of the Abandoned Infant Protection Act. SCOPE The Abandoned Infant Protection Act is designed to protect the lives of newly born infants by encouraging that they be left with a responsible person or in a safe, suitable location (a “safe haven”) rather than simply abandoned in a possibly dangerous way. The law establishes an affirmative defense to the crime of Abandonment of a Child (Penal Law 260.00) and Endangering the Welfare of a Child (Penal Law 260.10), in certain circumstances as follows: a. b. c. The abandoned infant appears to be not more than five days old, and, The person abandoning the child intends for the child to be safe from physical injury and to be cared for in an appropriate manner, and, The person abandoning the child indicates such intent by leaving the child with a responsible person or in a safe haven (e.g. hospital, firehouse, police precinct, etc.), and promptly notifies a responsible person of the child’s location. NOTE The law does not provide an affirmative defense to other charges such as assault. PROCEDURE When a uniformed member of the service is notified that an infant has been abandoned or that a person intends to abandon an infant: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. Respond to the scene. Immediately secure medical attention for the: a. Infant and b. Mother if present. Accompany child/mother to the hospital. Request response of the patrol supervisor. Make ACTIVITY LOG (PD 112-145) entry, indicating: a. Physical condition of child. b. Child’s age and medical history, if ascertained. c. Description of child’s clothing and/or wrapping. d. Presence or absence of a hospital tag. e. Mother’s pedigree information, address, and telephone number. f. Request for patrol supervisor. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-19 REVISION NUMBER: PAGE: 08/01/13 2 of 3 WHEN INFANT’S PARENT(S) IS NOT PRESENT AT THE SCENE UNIFORMED MEMBER OF THE SERVICE (continued) 6. Attempt to ascertain from the person on the scene who physically is in possession of the infant: a. Their name, address, telephone number and relationship to the parent(s). b. The identity, description, location, and telephone number of the infant’s parent(s) NOTE Advise person that they are not required to give this information (steps 6a. and 6b). 7. Enter information, if obtained, in ACTIVITY LOG. PATROL SUPERVISOR 8. 9. Respond to scene. Determine if probable cause exists to make an arrest (i.e. criteria as set forth in the Abandoned Infant Protection Act are not present, or other offenses committed.) NOTE If probable cause to arrest the person responsible for the infant does not exist, and/or person is otherwise in compliance with the criteria set forth in the Abandoned Infant Protection Act, the person will be permitted to leave. 10. 11. 12. 13. DESK OFFICER 14. 15. 16. 17. Direct the preparation of the following Department forms: a. NYS Domestic Incident Report (DCJS 3221). b. AIDED REPORT WORKSHEET (PD 304-152b). c. COMPLAINT REPORT (PD 313-152) (Classify as Investigate Aided, or other charges as appropriate). d. REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154) Direct notification to be made to the New York State Central Registry. Prepare UNUSUAL OCCURRENCE REPORT (PD 370-152). Notify Desk Officer. Immediately notify the precinct detective squad. (If necessary the precinct detective squad will notify the Missing Persons Squad.) Notify Operations and the patrol borough command. Make Command Log entry of items in step 5, subdivisions “a” through “f”, listed above. Notify Administration for Children’s Services (ACS) Instant Response Team Coordinator. (Enter name of Administration for Children’s Services Instant Response Team Coordinator in the Command Log.) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-19 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 RELATED PROCEDURES Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children (P.G. 215-03) Children or Minors Requiring Shelter (P.G. 215-06) Child Advocacy Referrals (P.G. 215-14) Aided Cases-General Procedures (P.G. 216-01) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT (PD313-152) NYS Domestic Incident Report (DCJS 3221) REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154) UNUSUAL OCCURRENCE REPORT (PD370-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-20 REQUESTS FOR INFORMATION FROM THE DEPARTMENT OF EDUCATION IN ACCORDANCE WITH THE FEDERAL NO CHILD LEFT BEHIND ACT DATE ISSUED: 09/06/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 1 of 3 PURPOSE To assist the New York City Department of Education in determining whether a student is entitled to a “safety transfer” pursuant to the provisions of the federal “No Child Left Behind Act” by confirming whether the student has reported a qualifying incident to the Department. DEFINITION QUALIFYING INCIDENT - For the purpose of this procedure, a “qualifying incident” is any founded allegation of a crime reported to the Department by a victim who is a New York City public school student and: a. Names New York City Public School property as the location of occurrence, AND b. Involves infliction of a serious physical injury upon the victim as defined in Penal Law § 10.00 (10); OR c. Is a sex offense involving forcible compulsion; OR d. Is any offense defined in the Penal Law that involves the use or threatened use of a deadly weapon against the victim as defined in Penal Law § 10.00 (12). PROCEDURE When the Department receives a verbal, faxed or written request to confirm that a qualifying incident has occurred at a New York City Public School from that school’s principal or his/her authorized designee: MEMBER OF THE SERVICE RECEIVING THE REQUEST 1. Hand-deliver or personally relate the request to the School Safety Sergeant of the precinct concerned. a. If the School Safety Sergeant is not available, hand-deliver or personally relate the request to the precinct commander concerned or his/her specified designee, who will perform the duties of the School Safety Sergeant for this procedure. SCHOOL SAFETY SERGEANT 2. Confirm that the request was initiated by either the principal of the school where the incident is alleged to have occurred, or that principal’s authorized designee. Confirm that the request provides the following: a. The name and number of the school b. The date, time and location of the alleged incident(s) c. The name(s) of the victim(s) 3. NOTE If the request does not meet the requirements specified in steps (2) and (3), contact the principal/designee in order to obtain the required information or to verify the source of the request. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-20 REVISION NUMBER: PAGE: 09/06/13 2 of 3 SCHOOL SAFETY SERGEANT (continued) 4. Given the proper information for an authorized request: a. Consult Department resources in the following order for the date specified in the request for reports naming the victim(s): (1) The ON LINE COMPLAINT SYSTEM (OLCS) database, or hard copies of COMPLAINT REPORT WORKSHEETS (PD313-152A), as appropriate. (2) The ON-LINE JUVENILE REPORT SYSTEM database or hard copies of JUVENILE REPORT SYSTEM WORKSHEETS (PD377-159A), as appropriate. (3) SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORTS (PD313-147). (4) AIDED REPORT WORKSHEET (PD304-152b). (5) Precinct Detective Squad. (6) School Safety Division Operations Center. YOUTH OFFICER 5. Assist in the search of Department records when directed by the School Safety Sergeant. SCHOOL SAFETY SERGEANT 6. Ascertain from report(s) and question assigned detective, if necessary, if incident has been classified as unfounded. Upon conclusion of the records search, prepare a report in duplicate, on OFFICIAL LETTERHEAD (PD158-151), addressed to the individual making the request. a. Adhere to the sample format provided in the ADDITIONAL DATA statement of this procedure. Deliver the original either by hand or by mail to the principal or designee. Notify the principal or designee verbally either in person or by telephone of the results of the search, no later than the next day that school is in session after the initial request was made. Limit contents of the verbal notification to the information specified in report prepared in Step 7. Record both the personal and mail notifications in ACTIVITY LOG (PD112-145). Include: a. The time of the verbal notification. b. The title and name of the person notified. c. Whether the written report was hand-delivered or mailed to the recipient. d. Whether the incident was a qualifying incident or not and whether it was classified as founded or unfounded. Maintain duplicate copies of reports in a secure location for future reference if necessary. 7. 8. 9. 10. 11. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-20 REVISION NUMBER: PAGE: 09/06/13 3 of 3 The Department must balance the need of the Department of Education to comply with the federal regulations against the privacy rights of the complainant. For this reason, members of the service who process these requests must do so in a thorough and timely manner, but report the results in a way that only relates the facts necessary for school administrators to determine if a qualifying incident has in fact occurred. The sample below provides the format best suited to this end. In the interest of efficiency, commands may utilize a pre-printed letter on OFFICIAL LETTERHEAD to prepare the report. Should the principal or designee request information beyond whether a qualifying incident has been reported, such as the alleged details of an incident or the progress of an investigation, the member will confer with both the detective assigned and the Deputy Commissioner, Legal Matters. ADDITIONAL DATA All reports will be formatted with proper date, salutation and signature block in accordance with Department procedure for preparing correspondence. The body of the text will be prepared as such: SAMPLE A search of Department records indicates that a report has/has not [specify one] been filed naming [name specified in request] as a complainant in an incident. This incident was/was not [specify one] alleged to have occurred on New York City Public School Property, and did/did not [specify one] allege the infliction of a serious physical injury upon the victim as defined in Penal Law § 10.00 (10), or a sex offense against the victim involving forcible compulsion, or any offense defined in the Penal Law that involves the use or threatened use of a deadly weapon against the victim as defined in Penal Law § 10.00 (12). At the time that this search was conducted, this incident was/was not [specify one] classified as unfounded. RELATED PROCEDURES Information Concerning Official Business of Department (P.G. 212-76) Reporting and Recording Public School-Related Criminal Incidents (P.G. 215-16) Police Actions, Related Questioning, Arrests and Investigations at Department of Education Facilities (P.G. 215-17) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT WORKSHEET (PD313-152A) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) OFFICIAL LETTERHEAD (PD158-151) SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD313-147) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-21 UTILIZATION OF THE JUVENILE DESK DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To provide juvenile arrest processing and investigative support to members of the service. PROCEDURE When a juvenile is detained by a member of service and removed to a police facility: ARRESTING OFFICER 1. 2. DESK OFFICER 3. Remove juvenile to the precinct of arrest/designated arrest processing facility and inform desk officer of circumstances. a. Juvenile delinquents/juvenile offenders will be taken to the location in the stationhouse SPECIFICALLY DESIGNATED as suitable for the interrogation of juveniles. b. A list of locations approved for the interrogation of juveniles is maintained in the Command Reference Library and at the Juvenile Desk. Notify parent/guardian immediately and, a. Document notification in ACTIVITY LOG (PD112-145) including parent/guardian’s pedigree information, address and date of birth. b. Have juvenile’s pedigree information determined by questioning juvenile and/or their parent/guardian. c. Verify pedigree information by satisfactory documentary proof, if available. 4. Document the notification to the parent/guardian in Command Log and include parent/guardian pedigree information, address and date of birth. Determine the appropriate charges, including law, section, degree, and subdivision (i.e., Penal Law 120.10 [1], for Assault in the 1st Degree, Subdivision One or Penal Law 160.10 [3], for Robbery in the 2nd Degree, Subdivision Three, etc.). ARRESTING OFFICER 5. Contact the Juvenile Desk after juvenile is removed to command of detention. NOTE The Juvenile Desk will provide arresting officers and supervisors with support twenty-four hours/seven days a week. Arresting officers must call the Juvenile Desk before beginning the arrest process to ensure that any intelligence regarding the juvenile is obtained before the decision whether to release the juvenile to a parent/guardian/adult relative is made. The Juvenile Desk has specialized databases that can provide vital background information on arrested/detained juveniles and those adults taking custody of a juvenile upon recognizance or release. 6. Provide Juvenile Desk analyst with the following information: a. Juvenile’s last name, first name, date of birth, and home address; b. Parent or guardian’s last name, first name, date of birth, and home address; c. Whether parent/guardian notification was successful; d. Top charge by law, numeric section, numeric subdivision, name and degree (i.e., Penal Law 120.10 [1], for Assault in the 1st Degree, Subdivision One or Penal Law 160.10 [3], for Robbery in the 2nd Degree, Subdivision Three, etc.). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-21 PAGE: 08/01/13 7. JUVENILE DESK ANALYST REVISION NUMBER: 8. 9. 10. 2 of 3 Perform relevant computer checks of the juvenile and the parent/guardian, and advise arresting officer of results. Provide arrest processing support. Make recommendation to remand juvenile or release on recognizance, as appropriate (see ADDITIONAL DATA). Provide arresting officer with Family Court return date, if required. ARRESTING OFFICER 11. 12. 13. 14. 15. Obtain information regarding juvenile’s history from the Juvenile Desk analyst. Be guided by responses from Juvenile Desk analyst. Document results of conferral with analyst in ACTIVITY LOG. Comply with applicable arrest processing procedures. Telephone Juvenile Desk, as soon as possible, for changes to the following: a. Any change in the charge(s) that will amend the status of the juvenile (i.e., upgrade in charge(s) or additional charges, Assistant District Attorney declines to prosecute juvenile in criminal court, etc.) b. Inability to make a parental notification or the inability to release the juvenile to a responsible parent/legal guardian/adult relative c. Any changes that would amend the Juvenile Desk’s previous recommendation (i.e., investigation reveals that juvenile misrepresented his/her actual age or identity, etc.). JUVENILE DESK ANALYST 16. Notify the Juvenile Crime Squad for the following offenses: a. Any felony b. Criminal Possession of Weapon (firearm only) c. Reckless Endangerment d. Arson. Notify the appropriate investigative unit (i.e., Precinct Detective Squad/Nightwatch for felonies, Burglary/Robbery Apprehension Module (BRAM) for robberies and burglaries, and the respective Special Victims Squad/Child Abuse Squad for serious sex crimes). Notify the Corporation Counsel for the following offenses: a. Any Homicide, including attempts (request that a Corporation Counsel representative respond) b. Rape 1st Degree (request that a Corporation Counsel representative respond) c. Any First Degree Sexual Offense d. Assault 1st Degree e. Robbery 1st Degree f. Any Firearm-Related Offense. Make any other necessary notification on the behalf of arresting officer (i.e., Special Victims Squad for sex offenses with minors, etc.) with the exception of the notification to juvenile’s parent/guardian. Provide officer with Juvenile Desk – Intake Log number, if appropriate. 17. 18. 19. 20. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-21 REVISION NUMBER: PAGE: 08/01/13 3 of 3 ARRESTING OFFICER 21. Document the Juvenile Desk – Intake Log number in the “Narrative” section of the JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A), or in the “Details” section of the COMPLAINT REPORT WORKSHEET (PD313-152A), and the “Narrative” section of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). ADDITIONAL DATA Juvenile Desk personnel will make a recommendation whether to remand or release on recognizance a juvenile based on several factors including the age of the juvenile, the offense charged, the information provided by the arresting officer, and the results of comprehensive background checks of the juvenile and their parent(s). The ultimate decision making authority, however, remains with the supervisor at the detention command. This provides the flexibility to respond to information or circumstances known only to supervisors at the field command. However, the discretion to depart from the recommendations of the Juvenile Desk should be founded on the rationale that the Department will act on the principle of “what is best for the child” balanced by appropriate measures to discourage future criminal behavior. Examples of considerations that should not impact discretion are the availability of vehicles for transport or shortage of personnel. In cases where conditions in the field necessitate a departure from the Juvenile Desk recommendation, the desk officer must confer with a Juvenile Desk supervisor. If after conferral with the Juvenile Desk supervisor, the desk officer’s decision is to not follow the recommendation of the Juvenile Desk, the commanding officer of the command of detention, will prepare a report, on Typed Letterhead, to the Assistant Commissioner, Juvenile Justice Division explaining the reason for the non-compliance. School safety agents who detain and remove a juvenile to a police facility for arrest processing or for the issuance of a JUVENILE REPORT SYSTEM WORKSHEET and COMPLAINT REPORT WORKSHEET, as per P.G. 215-08, “On-Line Juvenile Report System,” are also required to comply with the above procedure. When school safety agents have removed a juvenile to a police facility for processing, they will notify the School Safety Division (SSD) Operations Center prior to calling the Juvenile Desk. The SSD Operations Center member will issue the agent a SSD Operations Center serial number for entry on a SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD313-147), if appropriate. When the detention of a juvenile takes place within school grounds, the SSD Operations Center will contact the Juvenile Desk on behalf of the arresting agent, if necessary. This process will ensure that the SSD Operations Center remains aware of all enforcement activity occurring in and around New York City public schools. It is not the function of the Juvenile Desk to collect or disseminate statistical data on juveniles and juvenile incidents. RELATED PROCEDURES Arrest of Juvenile Offender (P.G. 215-10) Offenses Committed by a Child Under 16 Years of Age (Other Than a Juvenile Offender) (P.G. 215-09) On-Line Juvenile Report System (P.G. 215-08) FORMS AND REPORTS ACTIVITY LOG (PD112-145) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) COMPLAINT REPORT WORKSHEET (PD313-152A) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD313-147) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-23 COURT PROCESSING OF ARRESTS OF JUVENILE DELINQUENTS ON WEEKENDS AND COURT HOLIDAYS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To provide for the appearance of arresting officers at the weekend Department of Probation intake location, at the Corporation Counsel office, when a juvenile delinquent has been taken into custody, delivered to Horizon Juvenile Center, and the respective borough Family Court will not be in session due to the weekend or court holiday DEFINITIONS BOROUGH FAMILY COURT- A location in the borough of arrest where juvenile delinquents are routinely brought to be arraigned during non-holiday weekdays. WEEKEND/HOLIDAY COURT PROCESSING – When a juvenile delinquent is taken into custody and does not qualify for personal recognizance and the borough Family Court will not be in session the next calendar day due to the weekend or holiday, the arresting officer will appear at Manhattan Criminal Court to process the arrest. MANHATTAN CRIMINAL COURT – All weekend/holiday juvenile delinquent court processing will take place at Manhattan Criminal Court. The Manhattan Criminal Court is located at 100 Centre Street. PROCEDURE When a juvenile delinquent has been taken into custody and does not qualify for personal recognizance and the borough Family Court will not be in session the next calendar day due to the weekend or court holiday: DESK OFFICER 1. 2. 3. NOTE Notify the Real Time Crime Center Juvenile Desk when juvenile is detained and removed to a police facility. Provide detained juvenile’s pedigree, primary charge and any other information the juvenile crime desk analyst requests. Ensure multiple arrests resulting from one incident, which will be arraigned in Family Court and Criminal Court, are separated and assigned to two different arresting/assigned officers. a. Be guided by P.G. 208-20, “Turnover Arrests” when re-assigning an arrest. b. Ensure assigned officer is given arrest(s) which will be arraigned in Criminal Court. Due to the challenges that may occur when processing prisoners in two different courts (Family and Criminal Court), it is mandated that an arrest involving an adult/juvenile offender and juvenile delinquent be separated and assigned to different officers (e.g., juvenile delinquent processed in Family Court; adult prisoner/juvenile offender processed in Criminal Court). The assigned officer given the arrest(s) that will be arraigned in Criminal Court must re-interview the complainant/witness in order to prevent double “hearsay.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-23 6. 7. DESK OFFICER 8. NOTE PAGE: 08/01/13 4. 5. JUVENILE DESK ANALYST REVISION NUMBER: 2 of 4 Perform required information inquires. Inform desk officer of recommendation to either deliver juvenile into the custody of the Department of Juvenile Justice or release juvenile delinquent on personal recognizance. Ascertain whether juvenile will be lodged at Horizon Juvenile Center prior to 0600 hours. a. If juvenile is lodged prior to 0600 hours, the arresting officer will be required to appear that same day at Manhattan Criminal Court to complete the arrest process (only if that day is a Saturday, Sunday or official court holiday). b. If juvenile is lodged after 0600 hours, the arresting officer will be required to appear the following day at Manhattan Criminal Court to complete the arrest process (only if that day is a Saturday, Sunday, or official court holiday). Inform desk officer of arresting officer’s mandatory appearance for a Weekend/Holiday Pre-Petition Detention Hearing at Manhattan Criminal Court, pursuant to step “6 a or b.” Have child NOT eligible for personal recognizance or for whom NO application for personal recognizance was made delivered to Horizon Juvenile Center immediately. The Horizon Juvenile Center will not accept a juvenile for admission between the hours of 0600 and 0800. Therefore, desk officers must consider the distance and travel time to Horizon when determining the time to deliver the juvenile(s). 9. 10. 11. ARRESTING OFFICER 12. 13. 14. Have officer delivering juvenile to Horizon Juvenile Center provide Department of Juvenile Justice intake personnel with one copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), COMPLAINT REPORT (PD313-152), if prepared, and JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151). Direct arresting officer to appear at 100 Centre Street, Room 132, at 0900 hours the following weekend or court holiday morning. Ensure that parent/legal guardian of juvenile delinquent and complainant(s)/ victim(s) in the case are notified and informed of the time and location to be present at Manhattan Criminal Court for the juvenile delinquent’s court arraignment. Report to Manhattan Criminal Court, 100 Centre Street, at 0900 hours the next calendar day, if the borough Family Court will not be in session due to weekend and/or court holiday in order to begin juvenile arraignment process. Bring two copies of arrest paperwork for each juvenile delinquent taken into custody and delivered to the Horizon Juvenile Center facility. Sign-in at the Manhattan Court Section desk in Room 132 and be guided by court section supervisor. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-23 ARRESTING OFFICER (continued) REVISION NUMBER: PAGE: 08/01/13 15. 16. 17. DESK OFFICER 18. 19. 20. 3 of 4 Report to the 14th floor for conferral with representatives from the Department of Probation and Corporation Counsel, for preparation of Family Court complaint and possible testimony at a pre-petition detention hearing. a. Provide both the probation officer and the Assistant Corporation Counsel handling the case with one copy of arrest paperwork each. Upon being excused by Corporation Counsel following arraignment, report to Room 132 to sign-out. Inform court section supervisor and desk officer of command, if notified by judge or Corporation Counsel, to appear for subsequent hearings. Make entry in Telephone Record pertaining to required uniformed member’s appearance for subsequent hearings. Ensure Appearance Control Unit is notified the next business day of requested appearance. Notify the operations coordinator and integrity control officer of any mandatory overtime and/or appearance for members of the service who are required to be present at court on a weekend or court holiday. NOTE Due to the possibility of short-date notifications, desk officers should be aware that the Corporation Counsel may contact the command to have a uniformed member notified for a court appearance. When a member of the service is not at the command (i.e., regular day off, at a training session, etc.) the desk officer will attempt to notify the member of the service by telephone. All such attempts must be documented in the Telephone Record. ADDITIONAL DATA Members of the service are reminded to adhere to current Department procedures when obtaining a return date for an APPEARANCE TICKET-FAMILY COURT (PD277130) for juvenile(s) released on personal recognizance. Return dates for juvenile(s) released on personal recognizance do not have to coincide with a Weekend/Holiday PrePetition Detention Hearing scheduled for juvenile(s) delivered to Horizon Juvenile Center. Arraignments for juveniles released on personal recognizance can be held at a later date. Desk officers are reminded of their obligation to forward DNA, narcotics and firearm evidence to the Police Laboratory in a timely manner as outlined in P.G. 218-04, “Delivery of Evidence to the Police Laboratory” and P.G. 218-49, “Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME).” Desk officers will ensure uniformed members of the service are provided with a means of transportation to Manhattan Criminal Court. School Safety personnel will contact their Operations Desk in order to coordinate transportation to Manhattan Criminal Court. If a complainant/victim has difficulty in finding transportation to Manhattan Criminal Court, a reasonable effort should be made by the command to provide transportation. Under no circumstances will such effort take priority over the field operations of the command. The Manhattan Court Section desk is located in Room 132 at Manhattan Criminal Court, 100 Centre Street. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-23 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 ADDITIONAL DATA (continued) Members of the service are reminded that any subsequent hearings following a weekend or court holiday appearance at Manhattan Criminal Court will be conducted in the borough Family Court (borough origin of complaint). RELATED PROCEDURES Offense Committed By a Child Under 16 Years of Age (Other Than a Juvenile Offender) (P.G. 215-09) “Turnover” Arrests (P. G. 208-20) First and Third Platoon Arrests (P.G. 208-25) Delivery of Evidence to the Police Laboratory (P.G. 218-04) Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME) (P.G. 218-49) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT (PD313-152) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151) APPEARANCE TICKET-FAMILY COURT (PD277-130) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Juvenile Matters Procedure No: 215-24 PHOTOGRAPHING JUVENILES CHARGED AS JUVENILE DELINQUENTS OR JUVENILE OFFENDERS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To ensure official Department photographs of juveniles charged with juvenile delinquency or as juvenile offenders are taken at the time of arrest, when legally permissible, and are stored in the Photo Manager System for investigatory purposes. PROCEDURE When a juvenile is arrested and charged as a juvenile delinquent or juvenile offender: DESK OFFICER 1. 2. 3. NOTE Direct arresting officer to contact Juvenile Desk, as per P.G. 215-21, “Utilization of the Juvenile Desk” after juvenile is removed to command of detention; and, comply with Patrol Guide 215-09, “Offense Committed by a Child Under 16 Years of Age (Other Than a Juvenile Offender)” or Patrol Guide 215-10, “Arrest of Juvenile Offender,” as appropriate. Determine if the offense for which the juvenile is charged allows him/her to be photographed. a. Photographs will be taken of juveniles charged with juvenile delinquency as follows: i. Eleven or twelve years old and charged with a class A or B felony ii. Thirteen, fourteen, or fifteen years old and charged with any felony. b. Photographs will be taken of all juveniles charged as juvenile offenders. Ensure juvenile is properly placed in front of the “Photograph Background Board” prior to taking the arrest photograph utilizing the command’s Digital Camera Capture Station System. In all cases in which photographs are taken of juveniles as part of this procedure, the newly created “Photograph Background Board” MUST be used. This gray colored board is used to ensure that all juvenile photographs have the same color background. Should the Photograph Background Board need to be repaired or replaced, notify the Facilities Management Division. Absent unusual circumstances, the new Photograph Background Boards should also be used for adult digital Prisoner Movement Slip photographs. 4. NOTE Direct the arresting officer to photograph the juvenile delinquent or juvenile offender utilizing the command’s Digital Camera Capture Station System. The official arrest photograph for juveniles charged as juvenile delinquents will be the photograph taken at the command of arrest utilizing the Digital Camera Capture Station System. The official arrest photograph for juveniles charged as juvenile offenders will be the photograph taken at the borough court section booking facility. However, if a determination is subsequently made to charge the juvenile as a juvenile delinquent and not a juvenile offender, then the official arrest photograph taken at the borough court section booking facility will be deleted, and the Digital Camera Capture Station System photograph will become the official arrest photograph. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-24 ARRESTING OFFICER 5. 7. 2 of 5 Properly place juvenile in front of the “Photograph Background Board” prior to taking the arrest photograph. Take one full frontal photograph of the juvenile utilizing the command’s Digital Camera Capture Station System, and crop the image to obtain a centered, straight-on, in-focus photograph of the juvenile. a. If the juvenile wears prescription eyeglasses, take one photograph with eyeglasses and one without eyeglasses. Take one side-view photograph of the right side of the face of the juvenile. a. Turn the juvenile to the left so the right side of the face is photographed b. If the juvenile wears prescription eyeglasses, take one photograph with eyeglasses and one without eyeglasses. Under no circumstances should intimate areas of the body (e.g., breast, lower waist area, buttocks, etc.) be exposed or photographed. 8. 9. NOTE PAGE: 08/01/13 6. NOTE REVISION NUMBER: Ensure the following when taking photographs: a. No other person is in the photograph b. Juvenile’s face is expressionless c. Juvenile is not photographed while laughing, smiling, biting their lips or pursing their lips d. Juvenile has his/her eyes open e. Juvenile is standing straight f. Sunglasses and hats are removed g. Hair is not covering the face h. If the juvenile is wearing a turtle-neck sweater, hooded sweatshirt, or a garment with a large collar, the garment will be folded down to allow as much of the juvenile’s neck to be seen as possible. Save the juvenile’s image if the requirements listed in steps “5,” “6,” “7,” and “8” are satisfied. Once the member of service has completed taking the photographs and attempts to save the image, a box will appear labeled, “Waiting to Verify.” At this time, the member of the service will request the desk officer to “verify” the photographs. If the juvenile refuses to be photographed, the arresting officer will notify the desk officer. The desk officer will attempt to obtain compliance from the juvenile. If the juvenile continues to refuse to be photographed, the desk officer will confer with the Legal Bureau. 10. 11. Return juvenile to the area designated for the interrogation of juveniles and continue arrest processing. Generate digital Prisoner Movement Slip with digital photograph using the Digital Camera Capture Station System, and retain with juvenile. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-24 PAGE: 08/01/13 DESK OFFICER 12. 13. 14. NOTE REVISION NUMBER: 3 of 5 Ensure the arrest is based upon Probable Cause and the arrest was made in compliance with Department procedures and arrest photographs of the juvenile are taken in compliance with the requirements listed in step “2.” Confer with Juvenile Desk regarding juvenile arrest and juvenile arrest photograph procedures including the requirements listed in steps “2”, “5,” “6,” “7,” and “8.” View the photographs and ensure that they are high quality and comply with the requirements listed in steps “5,” “6,” “7,” and “8.” a. If the photographs are high quality and comply with the requirements listed in steps “5,” “6,” “7,” and “8”, “accept” the photographs. b. If the photographs are not high quality OR do not comply with the requirements listed in steps “5,” “6,” “7,” and “8”, “reject” the photographs and direct that the process be repeated until high quality photographs that comply with the requirements listed in steps “5,” “6,” “7,” and “8” are obtained. The desk officer must enter the Photo Manager System through the Department Intranet in order to confirm that the photographs are high quality and comply with the requirements listed in steps “5,” “6,” “7,” and “8”. Once at the log-in screen of Photo Manager, the desk officer shall click on the BLUE bar which reads, “Verify Juvenile Images”. The desk officer will be directed to another log-in screen (black and red in color). Once at that screen, the desk officer will log-in utilizing their password. Once logged-in, a table of juvenile records will appear representing photographs that need to be “verified.” On the left hand side of each record will be a link “Verify.” A one minute time frame may be needed for the juvenile information to appear in the table. If it does not appear, repeatedly depress the refresh button until it does. Both the frontal and side view juvenile photographs taken on the Digital Camera Capture Station System will be displayed. The desk officer will view the photographs and ensure that they comply with all requirements. Each photograph must be independently accepted or rejected by depressing the corresponding buttons on the computer screen. If a photograph must be rejected for any reason, depress the “Reject” button and such photographs will disappear from the Photo Manager System (desk officer’s computer) as well as the officer’s screen at the Digital Camera Capture Station System. Once a photograph is rejected, it is permanently deleted from the System and must be re-taken. 15. If a juvenile arrest is voided OR if juvenile arrest photographs were not taken in compliance with the requirements listed in step “2” OR if juvenile arrest photographs were inadvertently “accepted” when they should have been “rejected”, prepare a Typed Letterhead addressed to Director, Photographic Services requesting arrest photograph and arrest record / information be deleted from the system and explaining the reasons for deletion (see ADDITIONAL DATA). a. E-mail the Typed Letterhead to the Photographic Unit b. Make an entry in the Command Log stating the date and time the Typed Letterhead was e-mailed to the Photographic Unit and explaining the reasons why the arrest photograph had to be deleted. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 215-24 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 5 Pursuant to the Family Court Act, juvenile delinquent arrest photographs must be kept confidential and in the exclusive possession of the Department. Juvenile delinquent arrest photographs must also be kept separate from adult arrest photographs and juvenile offender arrest photographs. Additionally, pursuant to the Family Court Act, the Department may ONLY retain juvenile delinquent arrest photographs: 1. During the pendency of the Family Court proceeding that is the subject of the arrest. 2. Following the disposition of the Family Court proceeding that is the subject of the arrest, only upon the conviction of an eleven or twelve year old for a class “A” or “B” felony OR the conviction of a thirteen, fourteen or fifteen year old for any felony. In all other circumstances, ALL copies of juvenile delinquent arrest photographs must be retrieved and destroyed. To ensure compliance with the strict controls mandated by the Family Court Act, members of the service must comply with the following guidelines concerning juvenile delinquent arrest photographs: a. Juvenile delinquent arrest photographs and adult arrest photographs should never be displayed together. b. Juvenile delinquent arrest photographs and juvenile offender arrest photographs should never be displayed together. c. Juvenile delinquent arrest photographs must be treated as confidential and retained in the exclusive control of the Department. d. Juvenile delinquent arrest photographs will not be printed from the Photo Manager System except: (1) to create and preserve a copy of a photo array displayed to a victim / witness; or (2) to preserve a copy of an arrest photograph identified by a victim / witness during a Mugshot photo viewing identification procedure; or (3) to assist in the execution of a Family Court warrant for the charge that is the subject of the arrest for which the juvenile delinquent arrest photograph was taken and entered into the Photo Manager System; or (4) to generate a digital Prisoner Movement Slip. If there are questions concerning the printing of juvenile delinquent arrest photographs from the Photo Manager System, confer with the Legal Bureau. Member in non-investigative assignment will record such conferral in ACTIVITY LOG (PD112-145). Member in investigative assignment will record such conferral in the appropriate manner in the related electronic case file or non-electronic case folder. e. Juvenile delinquent arrest photographs will not be provided to outside agencies, including other law enforcement agencies, except the District Attorney’s Office, NYC Corporation Counsel’s Family Court Division or US Attorney’s Office, when requested. If there are questions concerning the distribution of juvenile delinquent arrest photographs to other agencies, confer with the Legal Bureau. Member in non-investigative assignment will record such conferral in ACTIVITY LOG. Member in investigative assignment will record such conferral in the appropriate manner in the related electronic case file or non-electronic case folder. f. Juvenile delinquent arrest photographs will not be used for wanted flyers. g. Juvenile delinquent arrest photographs will not be used for missing person flyers without permission from the Legal Bureau. h. Juvenile delinquent arrest photographs will not be released to the media. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 215-24 REVISION NUMBER: PAGE: 08/01/13 ADDITIONAL DATA (continued) 5 of 5 SAMPLE OF TYPED LETTERHEAD POLICE DEPARTMENT CITY OF NEW YORK [DATE] From: [RANK, NAME, COMMAND] To: Director, Photographic Services Subject: REQUEST FOR DELETION OF JUVENILE DELINQUENT ARREST PHOTOGRAPHS AND RECORDS / INFORMATION 1. On [DATE], [RANK] [FULL NAME] [TAX REGISTRY #], arrested [JUVENILE’S FULL NAME], [ARREST NUMBER], as a juvenile delinquent for [CHARGES]. Arrest photographs of the respondent were erroneously taken due to the fact that [STATE REASON(S) WHY DELETION IS NECESSARY]. 2. Based upon the forgoing facts, I request that all copies of arrest photographs and arrest records / information be deleted. 3. For your information and appropriate attention. [SUPERVISOR’S FULL NAME] [SUPERVISOR’S RANK] RELATED PROCEDURES Photographable Offenses (P.G. 208-07) Utilization of the Juvenile Desk (P.G. 215-21) Offense Committed by a Child Under 16 Years of Age (Other Than a Juvenile Offender) (P.G. 215-09) Arrest of Juvenile Offender (P.G. 215-10) FORMS AND REPORTS ACTIVITY LOG (PD112-145) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-01 AIDED CASES GENERAL PROCEDURE DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 4 PURPOSE To render necessary aid, take corrective or summary action and prepare the prescribed forms. DEFINITIONS AIDED CASE - Any occurrence coming to the attention of a uniformed member of the service which requires that a person, OTHER THAN A PRISONER, receive medical aid or assistance because such person is: a. Sick or injured (except vehicle or bicycle collision) b. Dead (except vehicle or bicycle collision) c. Lost person d. Mentally ill e. An abandoned, destitute, abused or neglected child f. Runaway child g. Adult requiring care due to arrest, hospitalization, death of parent/ guardian/person responsible for care. ROUTINE SICK AT HOME - Requires ONLY an ACTIVITY LOG (PD112145) entry if aided is at any residence AND a. Is conscious and properly identified b. No other police service or notification is required c. No dependent adults or uncared for children are in household d. No other investigation is needed. Ascertain that ambulance is responding and resume patrol. NOTE ROUTINE SICK IN NURSING HOMES - Uniformed members of the service will NOT respond to sick cases in nursing homes. However, other than a routine sick case (injury, cardiac, D.O.A., etc.), a uniformed member will respond to the nursing home, prepare an AIDED REPORT WORKSHEET (PD304-152b), and make necessary notifications. PROCEDURE Upon arrival at the scene of an aided incident: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. Render reasonable aid to sick or injured person. Request an ambulance or doctor, if necessary. a. If not assigned to patrol, request dispatcher to assign patrol unit concerned b. If aided person is wearing a Medic Alert Emblem indicating diabetes, heart disease, etc., notify radio dispatcher and bring to the attention of ambulance attendant. Do not remove Emblem. Wait in view to direct the ambulance or have a responsible person do so. Make a second call in twenty minutes if ambulance does not arrive. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-01 UNIFORMED MEMBER OF THE SERVICE (continued) PAGE: 08/19/13 5. 6. NOTE REVISION NUMBER: 2 of 4 Make ACTIVITY LOG entry. a. Include name of person notified regarding Medic Alert Emblem b. Include Ambulance Call Report (ACR) number or Patient Care Report (PCR) number related to the aided (obtain from the responding ambulance attendant). Accompany unconscious or unidentified aided to hospital in body of ambulance. a. Witness search by hospital authorities and sign hospital property record as witness b. Examine property removed in attempt to determine identity of aided c. Record, in ACTIVITY LOG, a list of property removed and identity of person conducting search. When a uniformed member of the service responds to an aided case and finds that the aided has been removed from the scene prior to the arrival of the member, such member will ascertain the location of the aided and obtain all information necessary for preparation of AIDED REPORT WORKSHEET. 7. 8. Obtain name, address and telephone number of relative or friend for notification. Prepare AIDED REPORT WORKSHEET and deliver to command clerk. a. Include under “Details,” name of person notified regarding Medic Alert Emblems worn. ALL AIDED CASES: COMMAND CLERK 9. 10. 11. DESK OFFICER 12. 13. NOTE Have relatives/friends notified if aided is admitted to a hospital or dies. Classify aided “Unidentified” if unable to make identification and inform desk officer. Deliver AIDED REPORT WORKSHEET to the desk officer. Ascertain that notification has been made or comply with P.G. 216-03, “Unidentified Persons.” Review AIDED REPORT WORKSHEET for accuracy and completeness. In cases where a death has occurred or the person is seriously injured and likely to die, the desk officer will ensure that a notification is made in a timely manner and document the time and date of the notification as well as the name of member making notification under caption “Notification” on the AIDED REPORT WORKSHEET. 14. 15. Process AIDED REPORT WORKSHEET in accordance with P.G. 216-02, “Preparation of Aided Report Worksheet.” Notify the New York City Human Resources Administration’s Protective Services for Adults to obtain care for a dependent adult due to arrest, hospitalization or death of a guardian. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 216-01 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 3 of 4 When an aided person is placed in care of ambulance or medical personnel at a hospital, the authority and responsibility for the medical care of the aided rests solely with hospital personnel. Uniformed members of the service concerned shall cooperate with ambulance/hospital personnel in every reasonable manner. If a person is unconscious in a manhole, the uniformed member of the service concerned should immediately request the services of the Emergency Service Unit. If there is reason to believe that the victim was asphyxiated by lack of oxygen, or toxic gas in the manhole, the member WILL NOT DESCEND into the manhole unless equipped with a self-contained oxygen breathing apparatus such as a Scott Air Pack, NOT a filter mask as used by the military. If a person is unconscious in a manhole and there is reason to believe the atmosphere in the manhole is safe, the member concerned, before descending into the manhole, shall obtain a rope or similar article and tie the rope, etc., securely around his/her body. A capable person outside the manhole should hold the free end. A member of the service (uniformed or civilian) who receives a report of a crime involving personal physical injury, death or loss of essential personal property to an innocent crime victim will notify the victim, or a dependent or surviving relative, of the State Crime Victim’s Compensation Program and that additional information and applications are available at any precinct stationhouse, police service area or transit district. Whenever a uniformed member of the service is present at the scene of an aided case that is not life threatening, and there is a difference of opinion between the aided, aided’s family, or other interested parties and Emergency Medical Service (EMS) personnel relative to the medical treatment or removal of the aided to a hospital, the member concerned will IMMEDIATELY request the patrol supervisor and an EMS supervisor to respond to the scene. If the patrol supervisor is not available, the Communications Section dispatcher will automatically direct the patrol supervisor from the adjoining command to respond without delay. The patrol supervisor will immediately respond to ascertain the facts, and if the situation is resolved, the request for the EMS supervisor will be canceled. If the situation cannot be properly resolved, the patrol supervisor will make a second request for an EMS supervisor to respond to the scene. When responding to an aided case, and the aided is the victim of domestic violence, uniformed members concerned will ensure that photographs are taken of the visible injuries, as per Patrol Guide 208-39, “Family Offenses/Domestic Violence (Digital Photography of Visible Injuries/Damaged Property).” LifeNet is a treatment referral program for individuals or families in need of counseling assistance outside the purview of this Department, e.g., drug/alcohol abuse, mental health related issues, the lonely and confused, etc. Members of the service responding to aided cases encountering such individuals or families are directed to give to them a LifeNet Information Card (Misc. 4203) which contains the program’s telephone numbers. LifeNet personnel are accessible 24 hours a day, 7 days a week, 365 days a year. LifeNet is not intended as an alternative means by which to handle mentally ill or emotionally disturbed persons who may pose a danger to themselves or others. In such situations, members will comply with P.G. 216-05, “Mentally Ill or Emotionally Disturbed Persons.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 216-01 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 4 of 4 Uniformed members of the service at the scene of an incident at which an aided is acting in a deranged, erratic manner apparently caused by a drug overdose (e.g., cocaine psychosis, angel dust, heroin overdose, etc.) will request the response of the patrol supervisor. If an ambulance is not immediately available, the supervisor will determine if aided should be removed to the appropriate hospital by utilizing an RMP or await the arrival of an ambulance. The aided is not to be brought to a police facility. ADDITIONAL DATA (continued) Cocaine induced psychosis or other illegal drug usage may cause violent behavior, which may be a means of self-defense against imagined persecutors. In addition to paranoia, the individual may experience visual, auditory, or tactile (e.g., bugs crawling under the skin, etc.), hallucinations, high body temperature and seizures. Since sudden death may ensue, uniformed members of the service are reminded to have such person brought to an appropriate hospital facility and NOT TO A POLICE FACILITY. Pending arrival of an ambulance, the uniformed member should allow a sick/injured person to be treated by a doctor, emergency medical technician or paramedic, if such person volunteers his/her services, and the uniformed member reasonably believes the volunteer is a professional. The medical attention should take place, if possible, under the observation of the member concerned. When the emergency situation is under control, request identification from volunteer, including name and address, and record information in ACTIVITY LOG and under “Details” on AIDED REPORT WORKSHEET. The volunteer’s role is limited to providing medical assistance ONLY. Determination regarding removal procedures via ambulance, Medivac, etc., will be determined by Emergency Medical Service personnel. RELATED PROCEDURES Family Offenses/Domestic Violence (Digital Photography of Visible Injuries/Damaged Property) (P.G. 208-39) Runaway Children (P.G. 215-05) Preparation of Aided Report Worksheet (P.G. 216-02) Unidentified Persons (P.G. 216-03) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Notifications (P.G. 216-15) Safeguarding Property of Deceased Persons (P.G. 218-28) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) LifeNet Information Card (Misc. 4203) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-02 PREPARATION OF AIDED REPORT WORKSHEET DATE ISSUED: DATE EFFECTIVE: 08/19/13 REVISION NUMBER: PAGE: 08/19/13 1 of 2 PURPOSE To provide statistical data and record occurrences and services rendered. PROCEDURE To record an aided case: MEMBER OF THE SERVICE 1. 2. DESK OFFICER 3. 4. COMMAND CLERK 5. 6. Prepare AIDED REPORT WORKSHEET (PD304-152b). a. Complete all boxes with captions pertaining to the aided case. b. If only one WORKSHEET needed, indicate “1 of 1” on front of WORKSHEET under caption “Card No. ___of___” at top right side of form. If more than one WORKSHEET required, indicate “1 of 3,” “2 of 3,” “3 of 3,” etc. on WORKSHEETS, as appropriate. c. Under “Details” caption, use own words to describe apparent illness or injury, such as “stomach pains,” “head injury,” “maternity,” etc. d. If the City is involved, check caption “City Involved” and enter agency code, official diagnosis, description of area and witness’ name, address and telephone number under caption “Details,” if available. e. If person being aided refuses medical aid, check “refused” box under caption “Medical Aid was” on front of WORKSHEET. f. If a person is unidentified and hospitalized, enter the hospital admission number under caption, “Admission #: If unidentified and hospitalized,” on front of WORKSHEET. g. If an unidentified person was treated and released, record such facts under “Details” caption. h. If O.C. Spray used, check caption on rear of WORKSHEET and enter in “Details,” the rank, name and tax registry number of each uniformed member of the service who discharged spray. Report incident to desk officer, precinct of occurrence. Review and sign WORKSHEET. Have command clerk enter aided information contained WORKSHEET into the On Line Aided System (O.L.A.S.). on Enter aided information contained on WORKSHEET, previously approved by the desk officer, into the On Line Aided System (O.L.A.S.) through the FINEST or Local Area Network (LAN) terminals. Generate duplicate copy of O.L.A.S. Aided Report and forward, as follows: a. PRECINCT YOUTH OFFICER (Child’s Temporary Resident Precinct) - If person deceased or removed to hospital and UNCARED FOR CHILDREN are left with friends, neighbors, relatives, etc., not residing in household. b. PRECINCT YOUTH OFFICER (Child’s Permanent Resident Precinct) - If child is neglected, abused or maltreated. c. EMERGENCY SERVICES UNIT - If cardio-pulmonary resuscitation (CPR) is administered by members of the service. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-02 d. e. 2 of 2 HARBOR UNIT - If person injured or killed in boating collision or person aided on an island inaccessible to a patrol precinct. UNIT CONCERNED - If directed by Patrol Guide, or other directive, forward duplicate copyof O.L.A.S. Aided Report to unit concerned. All duplicate reports for outside agencies will be placed in a white envelope, addressed appropriately (e.g., Office of the Comptroller, One Centre Street, New York, NY 10007, attn: CIF Department) and forwarded to the Mail and Distribution Unit. DESK OFFICER 7. 8. ADDITIONAL DATA PAGE: 08/19/13 COMMAND CLERK (continued) NOTE REVISION NUMBER: Review O.L.A.S. Aided Report by ensuring that all required captions are complete and accurate. Enter tax registry number into FINEST or Local Area Network (LAN) terminal if O.L.A.S. Aided Report properly prepared. Once aided information is entered into the On Line Aided System (O.L.A.S.) through the FINEST or Local Area Network (LAN) terminals, aided numbers will be automatically and sequentially issued by the system for each precinct, and will be composed of: a. A three digit precinct number b. A four digit year number, and c. A five digit serial number. If a number of persons are aided as a result of the same occurrence: a. The first numbered O.L.A.S. Aided Report will describe the full details. b. On each succeeding O.L.A.S. Aided Report for the same occurrence, only the aided number, name, address, sex, age, and the nature of the injury/illness of the aided person will be entered. (Include the name of hospital and name of attendant if different from information contained on first O.L.A.S. Aided Report.) c. Under “Details,” make reference to the full name of the person on the O.L.A.S. Aided Report that describes the full details of incident. Upon receipt of additional information relating to an aided case that has already been entered into the On Line Aided System, the uniformed member receiving additional information will prepare an AIDED REPORT WORKSHEET. The desk officer will review the new information, sign the WORKSHEET, and direct the command clerk to enter the new information into the On Line Aided System using the “Update” mode. Upon completion, the desk officer will perform a final review of the O.L.A.S. Aided Report in the On Line Aided System. When AIDED REPORT WORKSHEET is prepared in other than precinct of occurrence, the desk officer/supervisory counterpart, command of report, will review and sign WORKSHEET and make telephone notification to precinct of occurrence. Command clerk/administrative counterpart, command of report, will enter information from the AIDED REPORT WORKSHEET into the On Line Aided System (O.L.A.S.) through the FINEST or the Local Area Network (LAN) terminal. The desk officer/supervisory counterpart, command of report, will ensure that a copy of the AIDED REPORT WORKSHEET is forwarded via facsimile to the desk officer, precinct of occurrence. The desk officer, precinct of occurrence will ensure that all required entries and notifications have been made and will perform the final review in the On Line Aided System (O.L.A.S.). AIDED REPORT WORKSHEETS will be stored sequentially in the precinct concerned. FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-03 UNIDENTIFIED PERSONS DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 2 PURPOSE To record and initiate investigation of an unidentified person. DEFINITION UNIDENTIFIED PERSON - Subject of an aided/collision case and is: a. Unable to identify himself or such information cannot be determined at once, OR b. Admitted to a hospital, or a child in a shelter, whose relatives or friends cannot be located or are unknown at the address given, OR c. Actually or apparently under eighteen years of age and refuses to identify himself or give his home address, OR d. Dead human body and the true name and address are unknown, or if known, the relatives or friends cannot be located. PROCEDURE Upon responding to the scene of an aided/collision case and the victim is unidentified. UNIFORMED MEMBER OF THE SERVICE 1. NOTE If aided/collision victim is deceased, comply with P.G. 218-28, “Safeguarding Property of Deceased Person.” 2. 3. 4. DESK OFFICER 5. 6. Interview neighbors/witnesses to obtain information regarding identity of relatives or friends of aided/collision victim. Accompany subject to hospital and obtain any information that may assist in identifying subject from hospital authorities. Make ACTIVITY LOG (PD112-145) entry of incident and include an accurate description of subject and clothing worn. Prepare AIDED REPORT WORKSHEET (PD304-152b) or Police Accident Report (MV104AN), as appropriate, one copy of MISSING/ UNIDENTIFIED PERSON REPORT (PD336-151) and COMPLAINT REPORT WORKSHEET (PD313-152A) if victim is deceased (see P.G. 216-04, “Dead Human Body General Procedure”). Check command records. Notify detective squad to conduct preliminary investigation. a. If no detective is immediately available, the patrol supervisor will commence the preliminary investigation, pending arrival of assigned detective. NOTE Assigned detective is responsible for continuing and completing the investigation. PRECINCT DETECTIVE/ PATROL SUPERVISOR 7. 8. Notify Missing Persons Squad of available information. a. Enter name of Missing Persons Squad member notified on copy of MISSING/UNIDENTIFIED PERSON REPORT. Conduct an immediate preliminary investigation, AND a. Interview neighbors/witnesses in an effort to obtain further information. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-03 REVISION NUMBER: PAGE: 08/19/13 2 of 2 b. PRECINCT DETECTIVE/ PATROL SUPERVISOR (continued) 9. Examine documents/property removed from aided/collision victim or from residence, e.g., personal papers, wills, bankbooks, insurance policies, etc. c. Make any other reasonable effort to identify aided/collision victim or locate relatives or friends. Notify desk officer and Missing Persons Squad of results of preliminary investigation. NOTE If subject is homicide victim, the assigned precinct detective handles the identification and notification process. The Missing Persons Squad will provide assistance, if needed. COMMAND CLERK 10. Enter unidentified person complaint in On Line Complaint System and obtain serial number. DESK OFFICER 11. Have MISSING/UNIDENTIFIED PERSON REPORT typed from copy prepared by uniformed member of the service. a. If unidentified aided/collision victim is at least seven but less than sixteen years of age prepare JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) and assign precinct serial number. Review, sign and forward MISSING/UNIDENTIFIED PERSON REPORT, AIDED REPORT WORKSHEET, Police Accident Report and JUVENILE REPORT SYSTEM WORKSHEET, if prepared, as per instructions on the form. 12. YOUTH OFFICER 13. Process all JUVENILE REPORT SYSTEM WORKSHEET prepared for unidentified aided/collision victims and provide assistance to precinct detective squad. ASSIGNED DETECTIVE 14. Forward COMPLAINT FOLLOW-UP (PD313-081) within three working days detailing the steps taken in the preliminary investigation UNLESS the investigation was closed on the MISSING/UNIDENTIFIED PERSON REPORT. a. Obtain Missing Persons Squad case number and identity of assigned detective. RELATED PROCEDURES On-Line Juvenile Report System (P.G. 215-08) Aided Cases General Procedure (P.G. 216-01) Preparation of Aided Report Worksheet (P.G. 216-02) Dead Human Body General Procedure (P.G. 216-04) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT WORKSHEET (PD313-152A) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) MISSING/UNIDENTIFIED PERSON (PD336-151) Police Accident Report (MV104AN) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-04 DEAD HUMAN BODY GENERAL PROCEDURE DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 3 PURPOSE To ensure that notifications to concerned authorities and relatives are properly made and recorded, evidence is preserved and proper disposition is made of dead human bodies. PROCEDURE Upon arrival at scene of an apparently dead human body: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. DESK OFFICER 8. Request ambulance and patrol supervisor to respond. Exclude unauthorized persons from scene. Obtain names of witnesses and detain at scene if death is suspicious. Screen area from public view, if possible. Cover body with waterproof covering, if publicly exposed. Ascertain facts and notify desk officer as soon as possible. Request aided person be removed to hospital or that doctor be dispatched if pronouncement of death by ambulance attendant, emergency medical technician or paramedic is questioned by anyone. Notify: a. Detective squad. Responding detective will notify Crime Scene Unit, if an apparent homicide, suicide, or death is suspicious. NOTE b. 9. UNIFORMED MEMBER OF THE SERVICE 10. Harbor Unit, if aided is removed from navigable waters by other than Harbor Unit personnel c. Operations Unit, if an apparent homicide, suicide or death is suspicious d. Communications Section, if death is unusual or homicide e. Medical Examiner (1) Obtain Medical Examiner Case Number for entry on AIDED REPORT WORKSHEET (PD304-152b) (2) Inform Medical Examiner if plastic sheet or bag may be factor in death (3) Make follow-up call to Medical Examiner, if he/she fails to respond within one hour. Record all calls to Medical Examiner in Telephone Record. Prevent anyone from disturbing body or its effects, EXCEPT: a. Paramedic, E.M.T., or doctor (caution not to disturb evidence) b. Medical Examiner or assistant c. District Attorney or assistant d. Members of the Detective Bureau, detective squad or Crime Scene Unit e. Member of Highway District assigned as “collision technicians” or “collision investigators” f. Member of Emergency Service Unit, if body is on train tracks or in subway tunnel. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-04 REVISION NUMBER: PAGE: 08/19/13 2 of 3 NOTE Make ACTIVITY LOG (PD112-145) entry identifying all persons entering crime scene. UNIFORMED MEMBER OF THE SERVICE (continued) 11. NOTE An IDENTIFICATION TAG will be placed on dead human bodies, parts of bodies, and human fetuses that are to be delivered to the morgue. 12. 13. Prepare and attach IDENTIFICATION TAG (PD317-091) on body. Obtain receipt on lower half of IDENTIFICATION TAG for body when removed to morgue, and for body and death certificate if released to a funeral director or other authorized person. Prepare AIDED REPORT WORKSHEET or Police Accident Report (MV104AN), as appropriate, and under “Details” include: a. Name and badge number of morgue vehicle operator removing body, or b. Name and address of undertaker authorized to remove body and name, address, and relationship or person authorizing such removal, or c. Name, address, and relationship of person to whom body was released. A notification to a member of the immediate family of the deceased will be made tactfully and in person, if possible. Efforts should be made to have a friend or neighbor present when making such notification. NOTE 14. 15. 16. 17. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). Enter all facts in ACTIVITY LOG including a. Identity and complete description of deceased person and clothing worn b. Name of doctor, paramedic or E.M.T. who made death pronouncement c. Name, address and identification of person to whom body was released. Safeguard body and effects until instructions are received from patrol supervisor Deliver receipt for body and death certificate to desk officer. PATROL SUPERVISOR 18. NOTE An immediate telephone notification to the Operations Unit of all unusual incidents involving a homicide or suspicious death is required. The initial notification will include the preliminary facts and circumstances. However, subsequent notifications should be made as additional information becomes available or developments occur during the course of the incident or investigation. 19. NOTE Ascertain that precinct detective squad, Crime Scene Unit and Operations Unit have been notified, when necessary. Have body and premises searched in the presence of witnesses, when possible, if deceased resided alone or died at a location other than residence. A police officer of either sex may search a dead body. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-04 PATROL SUPERVISOR (continued) REVISION NUMBER: PAGE: 08/19/13 20. 21. 22. DESK OFFICER 23. 24. 3 of 3 Direct member searching body to safeguard property. Examine reporting officer’s ACTIVITY LOG entries and certify accuracy by signing rank and name. Make appropriate ACTIVITY LOG entry. Direct command clerk to prepare COMPLAINT REPORT (PD313-152) from WORKSHEET by entering information in On Line Complaint System. a. Ensure serial number is obtained from On Line Complaint System. Close complaint at precinct level when deceased is properly identified, Medical Examiner certifies death as natural, and relatives are present and notified. If deceased remains unidentified or relatives cannot be located, prepare MISSING/ UNIDENTIFIED PERSONS REPORT (PD336-151), enter on On Line Complaint System, obtain a new serial number, and comply with P.G. 216-03, “Unidentified Persons.” NOTE 25. Direct officer who discovered body in a homicide case to report to the morgue at 0900 hours, the next day, to identify the body to two Medical Examiners. a. Assign officer first on the scene, or another officer who is not on a regular day off, if reporting officer is not available, who can identify the body as the one found or observed at scene. If a person dies as the direct result of a police action, the uniformed member involved in or actually witnessing the incident WILL NOT be assigned to identify the body at the morgue. Another member who can make the identification will be assigned. NOTE 26. 27. Direct officer concerned to arrange for a relative or other person who knew the deceased to be present to identify body in presence of the officer. File receipt for body and death certificate, if received, in the Property Receipt Book. ADDITIONAL DATA A body, offensive to public decency, may be removed from a public place. However, if death is suspicious, permission of the Medical Examiner and the assigned detective investigating the incident must be obtained. RELATED PROCEDURES Aided Cases General Procedure (P.G. 216-01) Unidentified Persons (P.G. 216-03) Notifications (P.G. 216-15) Safeguarding Property of Deceased Person (P.G. 218-28) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) IDENTIFICATION TAG (PD317-091) MISSING/UNIDENTIFIED PERSONS REPORT (PD336-151) Police Accident Report (MV104AN) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-05 MENTALLY ILL OR EMOTIONALLY DISTURBED PERSONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To safeguard a mentally ill or emotionally disturbed person who does not voluntarily seek medical assistance. SCOPE The primary duty of all members of the service is to preserve human life. The safety of ALL persons involved is paramount in cases involving emotionally disturbed persons. If such person is dangerous to himself or others, necessary force may be used to prevent serious physical injury or death. Physical force will be used ONLY to the extent necessary to restrain the subject until delivered to a hospital or detention facility. Deadly physical force will be used ONLY as a last resort to protect the life of the uniformed member of the service assigned or any other person present. If the emotionally disturbed person is armed or violent, no attempt will be made to take the EDP into custody without the specific direction of a supervisor unless there is an immediate threat of physical harm to the EDP or others are present. If an EDP is not immediately dangerous, the person should be contained until assistance arrives. If the EDP is unarmed, not violent and willing to leave voluntarily, a uniformed member of the service may take such person into custody. When there is time to negotiate, all the time necessary to ensure the safety of all individuals will be used. DEFINITIONS EMOTIONALLY DISTURBED PERSON (EDP) - A person who appears to be mentally ill or temporarily deranged and is conducting himself in a manner which a police officer reasonably believes is likely to result in serious injury to himself or others. ZONE OF SAFETY - The distance to be maintained between the EDP and the responding member(s) of the service. This distance should be greater than the effective range of the weapon (other than a firearm), and it may vary with each situation (e.g., type of weapon possessed, condition of EDP, surrounding area, etc.). A minimum distance of twenty feet is recommended. An attempt will be made to maintain the “zone of safety” if the EDP does not remain stationary. PROCEDURE When a uniformed member of the service reasonably believes that a person who is apparently mentally ill or emotionally disturbed, must be taken into protective custody because the person is conducting himself in a manner likely to result in a serious injury to himself or others: UNIFORMED MEMBER OF THE SERVICE 1. Upon arrival at scene, assess situation as to threat of immediate serious physical injury to EDP, other persons present, or members of the service. Take cover, utilize protective shield if available and request additional personnel, if necessary. a. If emotionally disturbed person’s actions constitute immediate threat of serious physical injury or death to himself or others: (1) Take reasonable measures to terminate or prevent such behavior. Deadly physical force will be used only as a last resort to protect the life of persons or officers present. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-05 NOTE REVISION NUMBER: PAGE: 08/01/13 2 of 5 Damaging of property would not necessarily constitute an immediate threat of serious physical injury or death. b. UNIFORMED MEMBER OF THE SERVICE (continued) 2. NOTE If EDP is unarmed, not violent and is willing to leave voluntarily: (1) EDP may be taken into custody without the specific direction of a supervisor. c. In all other cases, if EDP’s actions do not constitute an immediate threat of serious physical injury or death to himself or others: (1) Attempt to isolate and contain the EDP while maintaining a zone of safety until arrival of patrol supervisor and Emergency Service Unit personnel. (2) Do not attempt to take EDP into custody without the specific direction of a supervisor. Request ambulance, if one has not already been dispatched. a. Ascertain if patrol supervisor is responding, and, if not, request response. Communications Section will automatically direct the patrol supervisor and Emergency Service Unit to respond to scene in such cases. Patrol supervisors’ vehicles are equipped with non-lethal devices to assist in the containment and control of EDP’s, and will be used at the supervisor’s direction, if necessary. PATROL SUPERVISOR 3. 4. Establish police lines. Take EDP into custody if EDP is unarmed, not violent and willing to leave voluntarily. 5. Verify that Emergency Service Unit is responding, if required. a. Cancel response of Emergency Service Unit if services not required. Direct uniformed members of the service to take EDP into custody if unarmed, not violent, and willing to leave voluntarily. 6. NOTE When aided is safeguarded and restrained comply with steps 25 to 32 inclusive. WHEN AIDED IS ISOLATED/CONTAINED BUT WILL NOT LEAVE VOLUNTARILY: PATROL SUPERVISOR 7. 8. 9. 10. Establish firearms control. a. Direct members concerned not to use their firearms or use any other deadly physical force unless their lives or the life of another is in imminent danger. Deploy protective devices (shields, etc.). a. Employ non-lethal devices to ensure the safety of all present (see “ADDITIONAL DATA” statement). Comply with provisions of P.G. 212-38, “Hostage/Barricaded Person(s),” where appropriate. Establish police lines if not already done. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-05 PATROL SUPERVISOR (continued) REVISION NUMBER: PAGE: 08/01/13 11. 12. 13. 14. 3 of 5 Request response of hostage negotiation team and coordinator through Communications Section. Notify desk officer that hostage negotiation team and coordinator have been notified and request response of precinct commander/duty captain. Request Emergency Service Unit on scene to have supervisor respond. If necessary, request assistance of: a. Interpreter, if language barrier b. Subject’s family or friends c. Local clergyman d. Prominent local citizen e. Any public or private agency deemed appropriate for possible assistance. NOTE The highest ranking uniformed police supervisor at the scene is in command and will coordinate police operations. If the mentally ill or EDP is contained and is believed to be armed or violent but due to containment poses no immediate threat of danger to any person, no additional action will be taken without the authorization of the commanding officer or duty captain at the scene. EMERGENCY SERVICE UNIT SUPERVISOR 15. NOTE The presence of a supervisor from any other police agency does not preclude the required response of the patrol supervisor. 16. 17. 18. DESK OFFICER 19. 20. COMMANDING OFFICER/ DUTY CAPTAIN 21. 22. 23. 24. Report to and confer with ranking patrol supervisor on scene. a. If there is no patrol supervisor present, request response forthwith, and perform duties of patrol supervisor pending his/her arrival. Evaluate the need and ensure that sufficient Emergency Service Unit personnel and equipment are present at the scene to deal with the situation. Verify that hostage negotiation team and coordinator are responding, when necessary. Devise plans and tactics to deal with the situation, after conferral with ranking patrol supervisor on scene. Verify that precinct commander/duty captain has been notified and is responding. Notify Operations Unit and patrol borough command of facts. Assume command, including firearms control. Confer with ranking Emergency Service Unit supervisor on scene and develop plans and tactics to be utilized. Direct whatever further action is necessary, including use of negotiators. Direct use of alternate means of restraint, if appropriate, according to circumstances. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-05 REVISION NUMBER: PAGE: 08/01/13 4 of 5 WHEN PERSON HAS BEEN RESTRAINED: UNIFORMED MEMBER OF THE SERVICE 25. 26. 27. NOTE If an ambulance is NOT available and the situation warrants, transport the EDP to the hospital by RMP if able to do so with reasonable restraint, at the direction of a supervisor. UNDER NO CIRCUMSTANCES WILL AN EDP BE TRANSPORTED TO A POLICE FACILITY. 28. 29. 30. 31. 32. ADDITIONAL DATA Remove property that is dangerous to life or will aid escape. Have person removed to hospital in ambulance. a. Restraining equipment including handcuffs may be used if patient is violent, resists, or upon direction of a physician examiner. b. If unable to transport with reasonable restraint, ambulance attendant or doctor will request special ambulance. c. When possible, a female patient being transported should be accompanied by another female or by an adult member of her immediate family. Ride in body of ambulance with patient. a. At least two uniformed members of the service will safeguard if more than one patient is being transported. Inform examining physician, upon arrival at hospital, of use of non-lethal restraining devices, if applicable. Safeguard patient at hospital until examined by psychiatrist. a. When entering psychiatric ward of hospital, unload revolver at Firearm Safety Station, if available (see P.G. 216-07, “Firearms Safety Stations at Psychiatric Wards and Admitting Areas”). Inform psychiatrist of circumstances which brought patient into police custody: a. Inform relieving uniformed member of circumstances if safeguarding extends beyond expiration of tour. b. Relieving uniformed member will inform psychiatrist of details. Enter details in ACTIVITY LOG (PD112-145) and prepare AIDED REPORT WORKSHEET (PD304-152b). a. Indicate on AIDED REPORT WORKSHEET, name of psychiatrist. Deliver AIDED REPORT WORKSHEET to desk officer. Refer persons who voluntarily seek psychiatric treatment to proper facility. Prior to interviewing a patient confined to a facility of the NYC Health and Hospitals Corporation, a uniformed member of the service must obtain permission from the hospital administrator who will ascertain if the patient is mentally competent to give a statement. Upon receipt of a request from a qualified psychiatrist, or from a director of a general hospital or his/her designee, uniformed members of the service shall take into custody and transport an apparently mentally ill or emotionally disturbed person from a facility licensed or operated by the NYS Office of Mental Health which does not have an inpatient psychiatric service, or from a general hospital which does not have an inpatient psychiatric service, to a hospital approved under Section 9.39 of the Mental Hygiene Law. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 216-05 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 Uniformed members of the service will also comply with the above procedure upon direction of the Commissioner of Mental Health, Mental Retardation and Alcoholism Services or his/her designee. USE OF NON-LETHAL DEVICES TO ASSIST IN RESTRAINING EMOTIONALLY DISTURBED PERSONS Authorized uniformed members of the service may use a conducted energy device (CED) to assist in restraining emotionally disturbed persons, if necessary. Emergency Service Unit personnel will obtain the permission of the Emergency Service Unit supervisor prior to utilizing a CED, except in emergencies. Authorized members of the service will be guided by Patrol Guide procedure 212-117, “Use of Conducted Energy Devices (CED),” when a CED has been utilized. LESS LETHAL/RESCUE EQUIPMENT USE REPORT (PD320-151) will be prepared whenever a less lethal restraining device or rescue equipment is used by a uniformed member of the service in the performance of duty. The Commanding Officer, Investigation Review Section, will collate statistical information recorded on the REPORTS, and will forward a monthly report to the Office of the Chief of Department by the seventh business day of each month. RELATED PROCEDURES Investigation of Carjackings (P.G. 207-32) Unusual Occurrence Reports (P.G. 212-09) Hostage/Barricaded Person(s) (P.G. 212-38) Unlawful Evictions (P.G. 214-12) Aided Cases General Procedure (P.G. 216-01) Mental Health Removal Orders (P.G. 216-06) Use of Conducted Energy Devices (CED) (P.G. 212-117) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) LESS LETHAL/RESCUE EQUIPMENT USE REPORT (PD320-151) UNUSUAL OCCURRENCE REPORT (PD370-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-06 MENTAL HEALTH REMOVAL ORDERS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To execute a Mental Health Removal Order and safeguard a mentally ill or emotionally disturbed person who does not voluntarily seek psychiatric/medical assistance. PROCEDURE When a Mental Health Removal Order is received from the Commissioner of Mental Health, Mental Retardation and Alcoholism Services: DESK OFFICER 1. 2. NOTE Review Removal Order to verify validity (see “ADDITIONAL DATA”). Make a Command Log entry. Await arrival of an assigned city psychiatrist before executing order. If the psychiatrist does not contact the command or respond within one hour, notify Operations Unit. 3. 4. Have Communications Section assign patrol supervisor, RMP unit, Emergency Service Unit and ambulance to execute the Removal Order. Direct RMP unit to respond to command and transport city psychiatrist to the scene, if necessary. PATROL SUPERVISOR 5. NOTE If subject of Removal Order is not present, consider whether a search of immediate area would be fruitful. Contact desk officer for additional instructions concerning return visits, if necessary. 6. 7. NOTE Respond to the scene, assume command and evaluate the condition of the patient. Determine if services of Emergency Service Unit and commanding officer/ duty captain are necessary. a. Cancel response of Emergency Service Unit, if not required. Permit city psychiatrist to interview patient to gain cooperation. If patient will not cooperate and refuses to go to hospital voluntarily, request response of commanding officer/duty captain. 8. 9. 10. UNIFORMED MEMBER OF THE SERVICE 11. 12. 13. Comply with provisions of P.G. 216-05, “Mentally Ill or Emotionally Disturbed Persons.” Assign uniformed member of the service to escort patient to the hospital, if necessary, and remain until patient examined at Psychiatric Emergency Room. Notify desk officer upon completion of removal. Deliver copy of Removal Order to admitting psychiatrist at hospital. a. Comply with P.G. 216-07, “Firearm Safety Stations at Psychiatric Wards and Admitting Areas.” Enter details in ACTIVITY LOG (PD112-145) and prepare AIDED REPORT WORKSHEET (PD304-152b). a. Indicate “Mental Health Removal Order,” name of responding city psychiatrist and name of admitting psychiatrist under “Details” on AIDED REPORT WORKSHEET. Deliver AIDED REPORT WORKSHEET to desk officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-06 PAGE: 08/01/13 DESK OFFICER 14. 15. ADDITIONAL DATA REVISION NUMBER: 2 of 3 Enter completion time and aided number in margin opposite original Command Log entry. Notify Operations Unit of disposition. SAMPLE MENTAL HEALTH REMOVAL ORDER Department of Mental Health Mental Retardation and Alcoholism Services To: Commanding Officer, __________________ Precinct From: Commissioner, Department of Mental Health, Mental Retardation and Alcoholism Services Subject: REMOVAL OF (NAME) TO (HOSPITAL), PSYCHIATRIC EMERGENCY ROOM, (ADDRESS) Pursuant to Section 9.45 of the State Mental Hygiene Law, you are hereby directed to remove (NAME) to the (HOSPITAL), Psychiatric Emergency Room, for an examination to determine whether (NAME) should be hospitalized in accordance with Section 9.39 of the Mental Hygiene Law. (NAME), presently resides at (ADDRESS) with (FAMILY/FRIENDS). He/she is (AGE) and in (PHYSICAL CONDITION). This directive is based on information provided in conversation between my staff and (FAMILY MEMBERS/SOCIAL WORKER ETC.), and is further based on (NO.) psychiatric evaluations of (NAME) by (DR.’S NAME), a physician licensed to practice medicine in the State of New York. It is (DR.’s NAME) opinion that (NAME) has a mental illness for which observation, care and treatment in a hospital is appropriate. Based on the information provided to me that (NAME) has a mental illness for which immediate care and treatment in a psychiatric hospital is appropriate, it is my judgement that (NAME) should be removed to (HOSPITAL), Psychiatric Emergency Room, for an examination to determine whether he/she should be hospitalized pursuant to Section 9.39 of the Mental Hygiene Law. This directive is valid through (DATE). If (NAME) is not at home, the police are directed to make repeated visits until this order can be carried out. Please notify me of the disposition of this case. Commissioner NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 216-06 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 ADDITIONAL DATA (continued) Mental Health Removal Orders include an expiration date. If the subject is not present on the first visit, desk officers should notify their reliefs and arrange for repeated visits until the expiration date, as necessary. Each visit should be documented with an appropriate Command Log entry, and cross-referenced to the original entry. Upon expiration, notify Operations Unit of efforts made to locate mentally ill or emotionally disturbed person and file copy of Removal Order at the command. RELATED PROCEDURES Aided Cases General Procedure (P.G. 216-01) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Unlawful Evictions (P.G. 214-12) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-07 FIREARM SAFETY STATIONS AT PSYCHIATRIC WARDS AND ADMITTING AREAS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To utilize firearms safety stations, when available, for the safe unloading and reloading of firearms at psychiatric wards or psychiatric admitting areas of city hospitals. PROCEDURE Upon entering a hospital psychiatric ward or psychiatric admitting area of a city hospital: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. NOTE If the psychiatrist refers a patient to the hospital emergency room for medical evaluation and clearance, a uniformed member shall reload firearm(s) at the firearms safety station before leaving the psychiatric admitting area, and unload upon return. A member unloading/reloading a firearm will make interim entries in “Remarks” column of the Psychiatric Admitting Log. 6. NOTE Inform psychiatrist of circumstances which brought patient into police custody. Inform relieving uniformed member of circumstances regarding aided, if safeguarding extends beyond expiration of tour. Relieving uniformed member will comply with signin and firearms unloading procedures in addition to informing psychiatrist of circumstances regarding aided. 7. 8. 9. 10. ADDITIONAL DATA Escort mentally ill or emotionally disturbed person to designated patient waiting area. Sign in and complete entries under captions in Psychiatric Admitting Log maintained by hospital security police. Proceed to designated firearms safety station, when available, and unload firearm(s). a. Replace unloaded firearm(s) in holster and put loose ammunition, and/or magazine containing ammunition, into pocket. Confer with psychiatric admitting staff and provide necessary information. Safeguard patient at hospital until examined by a psychiatrist. Enter details in ACTIVITY LOG (PD112-145) and prepare AIDED REPORT WORKSHEET (PD304-152b). a. Indicate on AIDED REPORT WORKSHEET, name of psychiatrist and admission number, when appropriate. Proceed to designated firearms safety station location and reload firearm(s) prior to leaving hospital facility. Complete “time-out” entry in Psychiatric Admitting Log. Deliver AIDED REPORT WORKSHEET to desk officer. Patrol supervisors/integrity control officers shall comply with unloading procedures and make a visit entry in the Psychiatric Admitting Log when supervising activities of subordinates. When a mentally ill or emotionally disturbed prisoner is escorted to a Department of Correction Forensic Psychiatry Ward, uniformed members will comply with the regulations of the Department of Correction regarding unloading and safeguarding firearms. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-07 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 2 of 2 The following Health and Hospitals Corporation facilities are designated for emergency admission, care and treatment of mentally ill and emotionally disturbed persons: HOSPITAL Bellevue Hospital Center Bronx Municipal Hospital Center City Hospital Center at Elmhurst Coney Island Hospital Harlem Hospital Center Kings County Hospital Center Lincoln Hospital Metropolitan Hospital Center North Central Bronx Hospital Queens Hospital Center Woodhull Hospital RELATED PROCEDURES Aided Cases General Procedure (P.G. 216-01) Mentally Ill or Emotionally Disturbed Persons (P.G.216-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-08 PERSONS OVERCOME BY GAS, DRUGS, OR OTHER POISONOUS SUBSTANCES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To secure special assistance and obtain samples of poisonous substances in appropriate cases. PROCEDURE When it appears that aided person is suffering from ingestion of drugs, a poisonous substance or inhalation of gas: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. 8. 9. ADDITIONAL DATA Call an ambulance. Request Emergency Service Unit, if oxygen required. Give ambulance attendant information regarding the nature of the poisoning. Permit doctor or attendant to take the substance, prescription or container, if not required as evidence. a. If evidence, give sample to doctor or attendant and deliver remainder of substance to the desk officer or detective assigned. Notify, and make samples available to, the Poison Control Center of the Health Department, if required. Obtain a receipt for such materials. Make ACTIVITY LOG (PD112-145) entry of facts and time required notifications were made. Prepare AIDED REPORT WORKSHEET (PD304-152b). Prepare COMPLAINT REPORT WORKSHEET (PD313-152A), if necessary. The desk officer will notify the Operations Unit in poisoned or infected food cases, or in wood or denatured alcohol poisoning cases. ADDITIONAL GUIDELINES FOR PROCESSING CONTAMINATED FOOD OR DRUG SAMPLES: a. Cases of spoiled or biologically contaminated foods served in restaurants or other locations where food may be obtained will be referred to the Department of Health, Food Poisoning Investigation Unit which will determine the proper course of action to be taken. b. Person treated at a hospital for apparent poisoning - if sample of suspected substance is available, the sample will be taken directly to Department of Health Laboratories, 455 First Avenue, Manhattan, with REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) attached. (1) If a food product is involved, immediately notify Department of Health, Food Poisoning Investigation Unit. c. When pattern emerges concerning several separate incidents of suspected poisoning that occurred under similar circumstances, the Poison Control Center will be notified and the uniformed member of the service will comply with instructions received. d. The mass removal of a potentially dangerous product that must be removed from retail shelves will be handled on a case by case basis. Under no circumstances will items be removed from a retail establishment and brought to a precinct stationhouse/command before consultation with concerned city, state and federal agencies via the Operations Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-08 ADDITIONAL DATA (continued) PAGE: 08/01/13 e. f. FORMS AND REPORTS REVISION NUMBER: 2 of 2 Samples of evidence in cases having potential criminal sanctions and not covered in any of the above categories will be delivered to the Police Laboratory with REQUEST FOR LABORATORY EXAMINATION attached. Materials not classified as evidence in an investigation will be invoiced and forwarded to the Property Clerk for safekeeping in appropriate cases. Substances delivered to a member of the service by a citizen for analysis will not be accepted if there is no allegation of danger to public health or of specific criminal activity. The complainant will be notified that in civil negligence cases, private laboratories conduct such analysis. When an item is a sealed food product, the Food Poisoning Investigation Unit will be notified for follow-up at point of purchase. ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT (PD313-152) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-09 ANIMAL BITES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To notify the New York City Department of Health and Mental Hygiene of human exposure to a rabid animal, an animal suspected of being rabid, and/or an animal that has bitten, scratched, or abraded a human being and to provide for the observation of the animal involved. DEFINITION HUMAN EXPOSURE TO RABIES: A bite or a scratch from a rabid animal, an animal suspected of being rabid or contamination of an open or fresh wound (i.e., having bled within the last twenty-four hours) or mucous membranes (e.g., eyes, nose, mouth, etc.) with infectious material (e.g., saliva, nervous tissue, etc.) from a rabid animal or an animal suspected of being rabid. PROCEDURE Upon responding to a complaint which concerns exposure to a rabid or suspectrabid animal and/or an animal that has bitten, scratched, or abraded a human being, follow normal aided case procedures and in addition: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. NOTE Render reasonable aid and prepare AIDED REPORT WORKSHEET (PD304-152b), if applicable. Comply with P.G. 219-17, “Use of Patrol Kits.” Advise person concerned to thoroughly wash affected area with soap and water, and to seek medical attention as quickly as possible (even if the injury or exposure is not serious). Ascertain owner of animal. a. Obtain description of animal and attempt to locate for examination. b. If animal is located comply with P.G. 214-33, “Care and Disposition of Animals.” Prepare DANGEROUS ANIMAL/BITE REPORT (PD311-152) in all instances in which response to or becoming apprised of an incident involving an animal bite and/or dangerous animal and include SPRINT number on form. a. If the animal is gone upon arrival at the scene, a DANGEROUS ANIMAL/BITE REPORT must still be prepared, regardless of whether or not a person has been injured by the animal. Deliver DANGEROUS ANIMAL/BITE REPORT and AIDED REPORT WORKSHEET, if applicable, to desk officer. The Department of Health and Mental Hygiene, Animal Bite Unit can be notified from 0900 to 1700 hours, Monday through Friday. After hours, the Poison Control Center of the Department of Health and Mental Hygiene must be notified. DESK OFFICER 7. 8. Review and sign AIDED REPORT WORKSHEET, if applicable. Process AIDED REPORT WORKSHEET in accordance with P.G. 216-02, “Preparation of Aided Report Worksheet.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-09 PAGE: 08/01/13 DESK OFFICER 9. (continued) 10. 11. 12. 13. ADDITIONAL DATA REVISION NUMBER: 2 of 3 Review and sign DANGEROUS ANIMAL/BITE REPORT and distribute as delineated on form. Notify Department of Health and Mental Hygiene by telephone of an animal that has bitten, scratched, or abraded a human being and/or of human exposure to a rabid animal or of an animal suspected of being rabid. Forward the Department of Health and Mental Hygiene copy of DANGEROUS ANIMAL/BITE REPORT via the Mail and Distribution Unit. Notify Department of Health and Mental Hygiene by telephone if animal or owner is located after DANGEROUS ANIMAL/BITE REPORT has been forwarded. a. Ensure that all supplementary information is recorded on AIDED REPORT WORKSHEET and entered in the Online Aided System. File command copy of all DANGEROUS ANIMAL/BITE REPORTS. Snakebite cases require a notification to the Poison Control Center of the Department of Health and Mental Hygiene. Enter notification on AIDED REPORT WORKSHEET. In other than animal bite, injury, or exposure cases, a member of the service is required to notify the Department of Health and Mental Hygiene, Bureau of Communicable Disease by telephone of any animal of which he/she has knowledge that is rabid, or is suspected of being rabid, or of any animal which has been bitten by, come in contact with, or kept together with a rabid animal. The member must complete the DANGEROUS ANIMAL/BITE REPORT and deliver the DANGEROUS ANIMAL /BITE REPORT to the desk officer to be reviewed and distributed as delineated on the form. Forward Department of Health and Mental Hygiene copy of DANGEROUS ANIMAL/BITE REPORT, via the Mail and Distribution Unit. For cases involving rabies, the Department of Health and Mental Hygiene, Bureau of Communicable Disease can be notified from 0900 to 1700 hours, Monday through Friday. After hours, the Poison Control Center of the Department of Health and Mental Hygiene must be notified. Raccoons are primarily nocturnal animals; any raccoon seen active during the daytime should be considered rabid until proven otherwise. Any raccoon acting friendly or aggressively should be considered rabid. P.G. 214-33, “Care and Disposition of Animals,” will be complied with whenever an animal is located. All parties will be removed from the immediate vicinity of the animal. The location of the animal, if not contained, will be monitored and the Emergency Services Unit or the Animal Care and Control of New York City (A.C. & C.) will be contacted for assistance regarding the animal’s capture and removal. Uniformed members of the service shall not discharge their firearms at a dog or other animal except to protect themselves or another person from physical injury and there is no other reasonable means to eliminate the threat. When a suspected rabid animal is captured, A.C. & C. of New York City must be notified of the location of capture, the primary reason the police were called, and the names and addresses of all persons and animals that were potentially exposed to the suspected rabid animal. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 216-09 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 RELATED PROCEDURES Exposure of Members of the Service to Infectious Diseases or Hazardous Materials (P.G. 205-10) Care and Disposition of Animals (P.G. 214-33) Preparation of Aided Report Worksheet (P.G. 216-02) Use of Patrol Kits (P.G. 219-17) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) DANGEROUS ANIMAL/BITE REPORT (PD311-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-10 TAXICAB DRIVERS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To report certain aided cases involving taxicab drivers to the New York City Taxi and Limousine Commission. PROCEDURE Upon responding to an incident in which a taxicab is involved and it is apparent that the taxi driver has epilepsy, vertigo, heart disease or other condition making him/her unfit to operate a taxi: UNIFORMED MEMBER OF THE SERVICE 1. 2. Follow normal aided case procedures. Obtain driver’s credentials and give RECEIPT FOR CREDENTIALS (PD616-011). DESK OFFICER 3. Forward credentials and facts of the aided case on REPORT OF VIOLATION (PD672-151) to New York City Taxi and Limousine Commission. Note on REPORT OF VIOLATION if unable to obtain credentials. 4. FORMS AND REPORTS RECEIPT FOR CREDENTIALS (PD616-011) REPORT OF VIOLATION (PD672-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-11 COMMUNICABLE DISEASE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To assist in the orderly removal of a person with a communicable disease. DEFINITION COMMUNICABLE DISEASE - an infectious disease capable of being passed to another by direct contact with an infected individual or his/her discharges. PROCEDURE When advised by the Department of Health that a person with a communicable disease is to be removed to a hospital: DESK OFFICER 1. Assign a uniformed member of the service to assist in the removal of patient. 2. Comply with the pertinent provisions of P.G. 205-10, “Exposure of Members of the Service to Infectious Diseases or Hazardous Materials.” Accompany patient to the hospital when requested by the hospital attendant or physician. UNIFORMED MEMBER OF THE SERVICE ADDITIONAL DATA 3. Information concerning a prisoner’s or a victim’s affliction with a communicable disease must be kept confidential. This information generally should not be released to the public, the media, the person’s family and friends or to other prisoners. There may be unusual circumstances under which release of this information is warranted. Any such release, however, may only be made with the written consent of the Deputy Commissioner - Legal Matters. In some cases, prisoners may volunteer their positive status regarding a communicable disease indicating the need to be segregated from general prisoner population or the need for medical treatment. In such cases, isolation cells should be used, if available. This information may be recorded on a Prisoner Movement Slip or on form MEDICAL TREATMENT OF PRISONER (PD244-150) in order to alert personnel assigned to Corrections, District Attorney’s offices or courts. Members of the service who are exposed to a communicable disease should follow the provisions of P.G. 205-10, “Exposure of Members of the Service to Infectious Diseases or Hazardous Materials.” RELATED PROCEDURES Reporting Sick From Outside City And Outside Residence Counties (P.G. 205-02) Exposure of Members of the Service to Infectious Diseases or Hazardous Materials (P.G. 205-10) Prisoners General Procedure (P.G. 210-01) Aided Cases General Procedure (P.G. 216-01) FORMS AND REPORTS MEDICAL TREATMENT OF PRISONER (PD244-150) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-12 SCHOOL CROSSING GUARD INJURED WHILE PERFORMING DUTY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To maintain a record of a school crossing guard injured while performing duty. PROCEDURE When a school crossing guard is injured in the line of duty, follow normal aided case procedures and: UNIFORMED MEMBER OF THE SERVICE 1. Request patrol supervisor to respond. PATROL SUPERVISOR 2. 3. Investigate circumstances. Interview the school crossing guard. a. Obtain name of hospital, attendant and doctor, if removed to a hospital. Notify the Operations Unit promptly, if the member of the service injured requires hospital treatment. a. An additional notification to the Operations Unit is also required before final reports are prepared to update Operations of the status of the injured member of the service. 4. NOTE This notification is in addition to, and does not preclude the requirement for other notifications to Operations as indicated elsewhere in this procedure. 5. 6. 7. 8. DESK OFFICER 9. 10. 11. COMMANDING 12. OFFICER Have school crossing guard prepare, in own handwriting, if possible, two copies of Employee’s Notice of Injury (Law Department Form WCD 23) and submit to commanding officer of precinct of occurrence. Interview the witnesses and request them to prepare WITNESS STATEMENT INJURY TO MEMBER OF DEPARTMENT (PD429-065). Direct uniformed member of the service to prepare Police Accident Report (MV104AN), if vehicle is involved, OR AIDED REPORT WORKSHEET (PD304-152b) in all other cases. Report circumstances to the desk officer. Make Command Log entry regarding circumstances of incident and results of investigation. Notify Employment Section during next business day and Operations Unit within twenty-four hours. Prepare Typed Letterhead explaining circumstances and deliver to commanding officer with a copy of Command Log entry attached. Forward two copies of the Typed Letterhead with the two copies of the Employee’s Notice of Injury and the WITNESS STATEMENT INJURY TO MEMBER OF THE DEPARTMENT, if any, to Deputy Director, Employment Section. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-12 REVISION NUMBER: PAGE: 08/01/13 COMMANDING 13. OFFICER (continued) 14. 15. 16. 2 of 2 Keep school crossing guard on payroll, without pay, from time of injury until return to duty, and cause Election of Rate of Change Against Annual and/or Sick Leave Balances form to be prepared. Notify Employment Section when school crossing guard returns to duty and every subsequent time that the guard reports sick and returns to duty as a result of the injury. Direct that Supervisor’s Report of Injury (Law Department Form 201) be prepared within forty-eight hours after occurrence. Direct that Report to Employee Benefits Unit (Form E) be prepared. RELATED PROCEDURES Aided Cases General Procedure (P.G. 216-01) Vehicle Collisions - General Procedure (P.G. 217-01) Civilian Member - Injury (A.G. 319-15) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) WITNESS STATEMENT- INJURY TO MEMBER OF DEPARTMENT (PD429-065) Election of Rate of Change Against Annual and/or Sick Leave Balances Form Employee’s Notice of Injury (Law Dept. Form WCD 23) Police Accident Report (MV104AN) Report to Employee Benefits Unit (Form E) Supervisor’s Report of Injury (Law Dept. Form 201) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-13 LINE OF DUTY INJURY OR DEATH - AUXILIARY POLICE OFFICERS DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 3 PURPOSE To report and record line of duty injuries and deaths of auxiliary police officers. DEFINITIONS For the purpose of this procedure, the following definitions will apply: LINE OF DUTY - An incident that occurred while a member was on duty. Auxiliary Police Officers are considered ON DUTY after they “sign-in” on the Auxiliary Police Roll Call (APS #10) until they sign out at the end of their tour. Line of duty designation will NOT be given for any off duty incidents. INVESTIGATING SUPERVISOR a. The lieutenant platoon commander, precinct of occurrence, if available, will act as investigating supervisor. b. A patrol supervisor, precinct of occurrence will act as the investigating supervisor, if the lieutenant platoon commander is unavailable. c. The precinct commanding officer/duty captain will be the investigating supervisor, if the injured auxiliary police officer dies or is likely to die. PROCEDURE Upon being notified or arriving at a location where a member of the Auxiliary Police Program has been injured while on duty: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. PATROL SUPERVISOR 4. 5. 6. 7. 8. 9. 10. 11. Request patrol supervisor to respond. Notify desk officer of: a. Circumstances of injury. b. Request witnesses to await arrival of supervisor and precinct auxiliary coordinator (if coordinator is on duty). Remain at scene with auxiliary police officer unless: a. Hospitalization or medical attention is required. b. Further police action is necessary. Respond to the scene. Interview the auxiliary police officer. a. If removed to a hospital, obtain the name of the hospital, attendant, and doctor. Have auxiliary police officer prepare, in own handwriting, if possible, two copies of Employee’s Notice of Injury (Law Department Form WCD 23). a. If member is unable to do so, the patrol supervisor will prepare and submit the report to the commanding officer, precinct of occurrence. Request witnesses to await arrival of the investigating supervisor, if necessary. Obtain and safeguard shield, identification card, portable radio and personal property of auxiliary police officer, if hospitalized. Report circumstances to desk officer. Prepare Police Accident Report (MV104AN) if vehicle collision involved. Have an AIDED REPORT WORKSHEET (PD304-152b) prepared if a vehicle is not involved. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-13 REVISION NUMBER: PAGE: 08/19/13 DESK OFFICER 12. 13. 14. 15. 16. 17. 2 of 3 Notify the investigating supervisor as indicated in the above “DEFINITION.” Make Command Log entry. Notify Operations Unit and supervisor at Auxiliary Police Section. a. Notify member’s command if not assigned to precinct of occurrence. Notify precinct commanding officer or duty captain if member dies or is likely to die. Notify borough commander if member dies. Enter the results of investigation in Command Log, indicating whether injury was sustained in line of duty. INVESTIGATING SUPERVISOR 18. 19. NOTE This notification is in addition to, and does not preclude the requirement for other notifications to Operations as indicated elsewhere in this procedure. 20. 21. 22. Interview injured auxiliary police officer and investigate circumstances. Notify the Operations Unit promptly, if the member of the service injured requires hospital treatment. a. An additional notification to the Operations Unit is also required before final reports are prepared to update Operations of the status of the injured member of the service. Make initial report to desk officer without delay. Interview witnesses and request them to prepare and sign WITNESS STATEMENT INJURY TO MEMBER OFTHE DEPARTMENT (PD429-065). Prepare report on Typed Letterhead or UNUSUAL OCCURRENCE REPORT (PD370-152) and forward to the precinct commander. AUXILIARY POLICE SECTION 23. If injured auxiliary police officer dies or is likely to die, commanding officer at Auxiliary Police Section will designate a supervisory member of the unit to respond and assist the precinct commanding officer/duty captain. AUX. POLICE COORDINATOR PRECINCT OF OCCURRENCE 24. Ensure that all required reports and forms are forwarded to the Auxiliary Police Section within ten days, including any copies of UNUSUAL OCCURRENCE REPORTS. COMMANDING OFFICER/ DUTY CAPTAIN 25. Prepare report on Typed Letterhead or UNUSUAL OCCURRENCE REPORT for line of duty death or serious injury and likely to die and forward as indicated in P.G. 212-09, “Unusual Occurrence Reports” (exclude copy for Police Pension Fund). Forward two copies of the Employee’s Notice of Injury and the WITNESS STATEMENT - INJURY TO MEMBER OF DEPARTMENT, if any, to Commanding Officer, Auxiliary Police Section. 26. ADDITIONAL DATA In line of duty cases where an auxiliary police officer dies or is likely to die, the command auxiliary police coordinator where member is assigned shall maintain liaison with the Patrol Borough Auxiliary Police Section. In the absence of the command coordinator, the precinct commanding officer will designate an alternate uniformed member of the service who will perform this function. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 216-13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 3 of 3 RELATED PROCEDURES Aided Cases General Procedure (P.G. 216-01) Department Vehicle Collisions (P.G. 217-06) Unusual Occurrence Reports (P.G. 212-09) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) UNUSUAL OCCURRENCE REPORT (PD370-152) WITNESS STATEMENT-INJURY TO MEMBER OF THE DEPARTMENT (PD429-065) Auxiliary Police Roll Call (APS #10) Employee’s Notice of Injury (Law Dept. Form WCD 23) Police Accident Report (MV104AN) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-14 AIDED CASES ON NEW YORK CITY TRANSIT TRAINS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To provide procedures for the handling of aided cases occurring on trains. PROCEDURE Upon arriving at the scene of a sick or injured passenger on a train: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. Ascertain the condition of the aided, e.g., unconscious, pregnant, epileptic, intoxicated, bleeding, etc. Transmit this information, immediately, via the radio dispatcher. Remove aided from train, if feasible, unless it is not advisable to move the aided due to the nature of his or her illness or injury. a. Seek assistance of train crew or passengers, if necessary. Where removal from the train is not feasible, due to lack of adequate assistance, the radio dispatcher and the New York City Transit Command Center will coordinate a point along the train route where the train will be moved to and have adequate assistance dispatched to that location. NOTE Where removal from the train or movement of the train is not feasible due to the serious condition of the aided, medical and other assistance shall be dispatched to the scene immediately. If it is subsequently determined that the aided can be moved, the aided shall be removed from the train and train service will continue. 4. 5. Keep the radio dispatcher informed of pertinent developments. Avoid unnecessary interruptions of train service. Unnecessary interruption of train service can inconvenience thousands of passengers and endanger public welfare. In addition, unnecessary interruptions can increase temperatures significantly in trains and stations, and may cause panic on crowded trains stopped in tunnels. Service will be interrupted only when absolutely necessary. NOTE 6. 7. Notify passengers of delay in service and alternate routes, when possible. Prepare AIDED REPORT WORKSHEET (PD304-152b). RADIO DISPATCHER 8. 9. 10. 11. 12. Obtain all relevant information concerning aided. Provide all relevant information to field units responding. Dispatch sufficient personnel and assistance promptly. Notify other city agencies as necessary. Notify Operations Unit for serious incidents. RELATED PROCEDURES Aided Cases General Procedure (P.G. 216-01) Preparation of Aided Report Worksheet (P.G. 216-02) Dead Human Body General Procedure (P.G. 216-04) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-15 NOTIFICATIONS DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 2 PURPOSE To ensure that relatives or friends are notified, where necessary, in aided and collision cases. PROCEDURE When it is necessary to notify relatives/friends of a deceased, injured or sick person: DESK OFFICER 1. NOTE Direct notifications be made by telephone, if possible. Make notifications tactfully and in person, if possible, when aided/collision victim is deceased or seriously injured and likely to die. Efforts should be made to have a relative, friend or neighbor present. In cases where a death has occurred or the person is seriously injured and likely to die, the desk officer will ensure that a notification is made in a timely manner and document the time and date of the notification as well as the name of member making notification under caption “Notification” on the AIDED REPORT WORKSHEET (PD304-152b) or under caption “NOTIFICATIONS” on the Police Accident Report (MV104AN). 2. 3. Have notifications made as follows, if telephone notification not possible: a. Relatives or friends residing within precinct of occurrence, notification will be made by member assigned to precinct. b. Relatives or friends residing outside precinct but within New York City, notification will be made by member assigned to resident precinct. c. Relatives or friends residing outside New York City, make notification through Inter-City Correspondence Unit. If notification cannot be made within a reasonable amount of time, prepare MISSING/UNIDENTIFIED PERSON REPORT (PD336-151) and comply with pertinent provisions of P.G. 21603, “Unidentified Persons.” d. DO NOT NOTIFY relative or friend of firefighter killed or injured at scene of fire without permission of the fire officer in charge. e. DO NOT NOTIFY relative or friend of an inmate who dies in a Department of Correction Facility UNLESS requested to do so by the Correction supervisor in charge. f. The assigned detective will make notification to relative or friends of a homicide victim. Comply with the following special notification procedures: a. Aided killed/injured on MTA bus - Desk officer will notify NYC Transit. b. Aided killed/injured on scaffold - Desk officer will notify the Department of Buildings. c. Aided killed/injured at construction site - Desk officer will notify the Operations Unit. d. Aided killed/injured on Parks Department property - Desk officer will notify the Operations Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-15 REVISION NUMBER: PAGE: 08/19/13 e. DESK OFFICER (continued) 2 of 2 Aided killed/injured in a factory or store - Desk officer will notify the Operations Unit. NOTE In all other cases notifications will be made even though other authorities (hospital, etc.) indicate they have already made the notification. COMMAND CLERK 4. 5. DESK OFFICER 6. 7. 8. Record name, address, telephone number and relationship of person notified and the identity of member of the service making notification under the caption “Notifications” on the AIDED REPORT WORKSHEET (PD304-152b) or Police Accident Report (MV104AN), as appropriate. a. Under “Details” on the rear of the AIDED REPORT WORKSHEET enter the rank and name of fire officer in charge at fire where firefighter was killed or injured or the rank and name of the supervisor in charge of the Department of Corrections facility where an inmate died. b. Indicate which agency will make the notifications, i.e., Police Department, Fire Department or Corrections Department. c. Enter name of detective making notification, if applicable, when an unidentified person is subsequently identified and relatives or friends are notified. Forward a copy of AIDED REPORT WORKSHEET to desk officer, if notification(s) cannot be made prior to entry of information into the On Line Aided System. Review and sign AIDED REPORT WORKSHEET and process in accordance with P.G. 216-02, “Preparation of Aided Report Worksheet.” Retain duplicate copy of AIDED REPORT WORKSHEET at the desk until notification is made. a. Mark “Supplementary” on face of AIDED REPORT WORKSHEET (1) Record notification on WORKSHEET and have new information entered into On Line Aided System. Enter name of detective making notification on AIDED REPORT WORKSHEET when subject is a homicide victim. RELATED PROCEDURES Aided Cases General Procedure (P.G. 216-01) Preparation of Aided Report Worksheet (P.G. 216-02) Unidentified Persons (P.G. 216-03) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) MISSING/UNIDENTIFIED PERSON REPORT (PD336-151) Police Accident Report (MV104AN) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-16 SUSPICIOUS DEATH OR SUICIDE IN DEPARTMENT OF CORRECTION FACILITY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To investigate suspicious deaths or suicides in Correction Department facilities. PROCEDURE When notified by Department of Correction of a suspicious death or suicide in a Department of Correction facility: DESK OFFICER 1. NOTE Notify: a. Precinct detective squad 1. If detective squad member not available, notify detective borough command concerned. b. Commanding officer/duty captain c. Patrol borough d. Internal Affairs Bureau (obtain log number) e. Operations Unit Uniformed member of the service assigned to duty in uniform will NOT respond to Correction facility. 2. 3. 4. NOTE Direct preparation of AIDED REPORT WORKSHEET (PD304-152b). a. Include under “Details” name and rank of Department of Correction supervisor present and identity of person making the death pronouncement. Have COMPLAINT REPORT (PD313-152) prepared. a. Include Internal Affairs Bureau log number. Verify that Medical Examiner’s office has been notified. a. Enter time of notification, identity of person receiving call and name of Medical Examiner on AIDED REPORT WORKSHEET. b. Make follow-up call if Medical Examiner does not respond within one hour. c. Obtain Medical Examiner case number for entry on AIDED REPORT WORKSHEET. Record all calls to the Medical Examiner in the Telephone Record. 5. 6. Notifications WILL NOT be made to relatives or friends of an inmate who dies in a Department of Correction facility, unless requested to do so by Correction Supervisor in charge of facility. a. Indicate on AIDED REPORT WORKSHEET that Department of Correction will make notification, where applicable. Request permission of Medical Examiner prior to moving body. RELATED PROCEDURES Notifications (P.G. 216-15) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT (PD313-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-17 INVOLUNTARY REMOVALS PURSUANT TO MENTAL HYGIENE LAW SECTION 9.60 DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 6 PURPOSE To execute a Court mandated or a Mental Hygiene Law (MHL) Section 9.60, (Kendra’s Law) Order and safely remove a mentally ill or emotionally disturbed person to a psychiatric/medical facility. DEFINITION ASSISTED OUTPATIENT TREATMENT COORDINATING TEAM (AOT) - Groups of two or more licensed mental health clinicians designated by the New York City Department of Mental Health, Mental Retardation and Alcoholism Services. These teams will notify the NYPD Operations Unit by telephone of any pending Kendra’s Law Removal Order, fax the Order to the Operations Unit, and then send a clinician(s) to the command concerned to assist in the removal of the subject. Presently, four AOTs exist city-wide; they will provide coverage for all patrol boroughs (see “Additional Data” for locations.) PROCEDURE When a Mental Hygiene Law (MHL) Section 9.60 (Kendra’s Law) Removal Order is received at a Patrol Services/Housing Bureau command: OPERATIONS UNIT PERSONNEL 1. 2. Upon receipt of a Kendra’s Law/Court Removal Order from an AOT: a. Review Removal Order for validity (see Appendices “A”&”B”). b. Enter in the Command Log the name of the AOT clinician making notification and the pedigree information of the subject. Notify by telephone and fax a copy of the Removal Order to: a. The appropriate patrol borough command/Housing Bureau Wheel. b. Advise that a removal is to be effected. c. Indicate all information pertinent to the removal, including the clinician’s estimated time of arrival. 3. Notify the appropriate precinct/police service area (PSA) in the same manner as indicated in step 2. DESK OFFICER 4. Review the Removal Order to determine if it is: a. Court mandated removal of patient to a hospital (see Appendix “A”). b. Properly prepared and signed Kendra’s Law Removal Order (see Appendix “B”). PATROL BOROUGH/ HOUSING BUREAU PERSONNEL NOTE Comply with P.G. 216-06, “Mental Health Removal Orders”, if Removal Order is other than one listed in step four above). Both the Court mandated and Kendra’s Law removals will be handled cooperatively by the New York City Sheriff's Department and the NYPD. The Sheriff’s Department will effect all removals between 0900 and 2100 hours, Monday through Thursday, and NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-17 REVISION NUMBER: PAGE: 08/19/13 2 of 6 between 0900 and 1700 hours on Fridays, excluding holidays. The NYPD will effect removals at all other times. However, if the Sheriff’s Department personnel respond to execute a Kendra’s Law removal order and find the subject to be non-cooperative or violent, they will request NYPD assistance. NYPD personnel will take charge at the scene and comply with P.G. 216-05, “Mentally Ill or Emotionally Disturbed Persons.” NOTE (continued) DESK OFFICER 5. 6. 7. Enter the following information in the Command Log: a. Type of Removal Order b. Subject’s name, race, age, gender, and address c. Rank, name, shield and tax registry numbers of uniformed members of the service assigned to execute the Order d. Name of assigned clinician (when determined). Request Communications Section to assign patrol supervisor, RMP unit and Emergency Service Unit to execute the Order. Direct RMP unit to respond to the command/PSA and transport clinician to the scene, if necessary. NOTE Await arrival of assigned clinician before executing removal. If the clinician does not contact the command/PSA or respond within one hour, notify both the borough command and the Operations Unit. PATROL SUPERVISOR 8. 9. NOTE If the subject is not present, consider whether a search of the immediate area would be fruitful. When unable to locate subject, have precinct records and Department computerized databases checked to determine if subject has had any interaction with the police (arrested, aided, involved in a collision, etc.) Have precinct detective squad notified for the preparation of an INVESTIGATION CARD (PD373-163) (see ADDITIONAL DATA). Consult with assigned clinician to determine when clinician will return to make additional attempts to execute the removal order. If it is believed that the subject may frequent the transit system, have the appropriate Transit Bureau district, as well as the Transit Bureau Homeless Outreach Unit notified. Notify desk officer of actions taken and results. 10. 11. NOTE Respond to the scene and assume command. Request presence of Emergency Medical Service (EMS) if the subject of the removal order is present. Permit AOT clinician to interview subject to gain cooperation. Determine if services of Emergency Service Unit and commanding officer/duty captain are necessary. a. Cancel Emergency Service Unit, if not required. If subject of the removal order will not cooperate, request response of commanding officer/duty captain and comply with provisions of P.G. 216-05, “Mentally Ill or Emotionally Disturbed Persons.” 12. Assign uniformed member of the service to accompany the subject in the ambulance to the psychiatric emergency room of the hospital named on the Removal Order. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-17 REVISION NUMBER: PAGE: 08/19/13 3 of 6 NOTE If no specific hospital is cited in the Removal Order, then the subject will be brought to the closest psychiatric emergency room designated under Section 9.39 of the Mental Hygiene Law (see ADDITIONAL DATA”). However, the EMS personnel performing the transport have the authority to bring the subject to a closer or different hospital than that cited if the subject becomes violent, or if they believe the subject’s condition requires it. UNIFORMED MEMBER OF THE SERVICE 13. NOTE Comply with P.G. 216-07, “Firearm Safety Stations at Psychiatric Wards and Admitting Areas” upon arrival at the psychiatric emergency room of the hospital. 14. 15. 16. 17. DESK OFFICER 18. 19. Remain with the subject throughout medical triage and until examined by hospital psychiatrist. Notify desk officer upon completion of removal. Enter details of transport in ACTIVITY LOG (PD112-145). Prepare AIDED REPORT WORKSHEET (PD304-152b). a. Enter “MHL Section 9.60 (Kendra’s Law) Removal” and name of assigned clinician under “Details” section. Deliver completed AIDED REPORT WORKSHEET to desk officer. Enter completion time and aided number in margin opposite original Command Log entry of incident. Notify patrol borough command/Housing Bureau Wheel and Operations Unit of disposition. OPERATIONS UNIT PERSONNEL 20. Notify the appropriate AOT of case disposition. ADDITIONAL DATA HOSPITAL TRANSPORTS If the patient is initially treated in a hospital other than the one cited in the Removal Order and later released, he or she must still be transported to the hospital named in the Order. When the assigned member is informed by hospital staff that the patient is ready to be transported, he/she will notify the desk officer concerned. The desk officer will then request that an EMS ambulance be dispatched to the hospital where the patient is located for a “Kendra’s Law” transfer. EMS will transport the patient and the assigned member to the hospital named on the Removal Order. However, if the patient is admitted to the initial hospital, even though it is not the hospital named in the Order, NYPD personnel will no longer be required to accompany the patient. The assigned member will notify the desk officer of the circumstances, and that the patient has been admitted. The borough command and Operations will be notified in turn, as noted above. Operations will notify the appropriate AOT Team of the circumstances, and the AOT Team will seek to have the Removal Order vacated. Sheriff’s Department or NYPD personnel may be required to return at a later time to assist in the transport of the subject to another hospital. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-17 REVISION NUMBER: PAGE: 08/19/13 4 of 6 INVESTIGATION CARD When a precinct detective squad is notified to prepare an INVESTIGATION CARD because the subject of a Kendra’s Law Removal Order was not found, the member preparing the CARD will enter the following under the “Crime/Charge” caption: “Subject of Kendra’s Law Order.” Under caption “Additional Information/ Characteristics/Peculiarities,” enter the following: “To be removed to hospital for psychiatric examination. Contact Operations Unit for further information.” ADDITIONAL DATA (continued) MENTAL HEALTH LAW SECTION 9.39, DESIGNATED HOSPITALS BRONX BROOKLYN QUEENS MANHATTAN Bronx Lebanon Jacobi Lincoln Montefiore North Central Bronx Our Lady of Mercy St. Barnabas Brookdale Coney Island Interfaith Kings County Kingsbrook Jewish Long Island College Lutheran Maimonides Woodhull Elmhurst Holliswood Jamaica Long Island Jewish Queens Hospital Center Queens Hospital Network St. John’s Bellevue Beth Israel Cabrini Harlem Metropolitan Mt. Sinai N.Y. Hospital/ Cornell North General Columbia Presbyterian St. Lukes Roosevelt St. Vincent’s STATEN ISLAND Bayley Seton North Richmond Staten Island University St. Vincent’s LOCATIONS OF AOT TEAMS AOT TEAMS Bellevue Hospital (Manhattan) North Central Bronx Hospital (Bronx) Woodhull Hospital (Brooklyn and Staten Island) Elmhurst Hospital (Queens) RELATED PROCEDURES Aided Cases General Procedure (P.G. 216-01) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Mental Health Removal Orders (P.G. 216-06) Hostage/Barricaded Person(s) (P.G. 212-38) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) INVESTIGATION CARD (PD373-163) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 216-17 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 5 of 6 APPENDIX “A” (Sample of court mandated removal of subject to a hospital.) (Note: only the first of several pages listed here.) At a __________Part of the Court of the State of New York, Located at __________________________, New York on the _______day of _________________ PRESENT: HON. ,Judge/Justice ------------------------------------------------------------------------------x In the Matter of the Application of ____________________ __________________, Director of Community Services for the (Country) (City) of _____________________________, Petitioner, ORDER AUTHORIZING AND DIRECTING EXAMINATION OF THE RESPONDENT PURSUANT TO MHL § 9.60(h)(3) For an order Authorizing Assisted Outpatient Treatment -for__________________________,Respondent ------------------------------------------------------x Upon reading and filing the order to show cause made by Hon.____________________ _____________________,Judge/Justice of the _____________________Court, dated ___________, the petition of ____________________________________, Director of Community Services for the (Country) (City) of ________________________, verified on ________________________, the affirmation of_______________________________, M.D., dated ___________________________, the affidavit of (Insert name of petitioner)________________________________________, sworn on ___________________________, and (Describe other papers in support of the motion)_____________ _____________________________________________, in support of the motion, and (Describe papers in opposition to motion, if any)____________________________________________________ ___________________________________, and after hearing ______________________________ NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-17 REVISION NUMBER: PAGE: 08/19/13 6 of 6 APPENDIX “B” Sample of Kendra’s Law Removal Order (Section 9.60, Mental Hygiene Law) ASSISTED OUTPATIENT TREATMENT PROGRAM AUTHORIZATION OF TRANSPORT (Section 9.60, Mental Hygiene Law) RE: PATIENT’S NAME _________________________________ SEX ____________DATE OF BIRTH ___________________ ADDRESS _________________________________________ I, ________________________________, am Director of Psychiatry at _______________________ Hospital and the designee of Dr. Neal L. Cohen, Director of Community Services of the City of New York to exercise the powers vested in the Director of Community Services by Section 9.60(n) of the Medical Hygiene Law to transport patient to such section. I have been notified by _________________________________________, that, in his or her clinical (examining physician) judgment, ____________________________________________ has failed or has refused to comply (name of patient) with assisted outpatient treatment ordered by the court, and that efforts were made to solicit compliance, and that this person may be in need of involuntary admission to a hospital pursuant to Section 9.27 of the Mental Hygiene Law, or immediate observation, care and treatment pursuant to Section 9.39 or 9.40 of the Mental Hygiene Law. The examining physician has requested that I direct the removal of __________________________________ to ____________________________________________ (name of patient) (name of receiving hospital) for an examination to determine if he/she has a mental illness for which hospitalization is necessary pursuant to Section 9.27, 9.39 or 9.40 of the Mental Hygiene Law. Based on such request, I hereby direct, pursuant to Section 9.60(n) of the Mental Hygiene Law, that peace/police/sheriff’s office take into custody and transport this person to _____________________. (Name of hospital) _______________________________________ (Signature) Date ____________________ Time____________________ NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-18 CHILD WINDOW FALL REPORT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To notify the Department of Health within twenty-four hours when a child less than seventeen years of age falls from the window of any building, regardless of whether injury or death results. DEFINITION BUILDING - Structures as indicated on the Child Window Fall Report caption, “Type Of Building.” PROCEDURE When responding to an incident involving a child falling from a window: UNIFORMED MEMBER OF THE SERVICE 1. 2. NOTE To maintain confidentiality, the self-addressed, postage paid Child Window Fall Report should be folded and taped before mailing. Follow P.G. 216-01, “Aided Cases - General Procedure.” Prepare Department of Health form, Child Window Fall Report. a. Immediately fax copy of Report to the Department of Health. b. Mail original copy of Report to the Department of Health. Commands and Police Service Areas can obtain copies of the Child Window Fall Report directly from the Department of Health by calling. 3. Prepare AIDED REPORT WORKSHEET (PD 304-152b). a. Indicate in “Details” section that Child Window Fall Report was prepared, faxed and mailed to the Department of Health. ADDITIONAL DATA Public inquiries regarding the Window Fall Prevention Program may be referred to the Department of Health. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) Child Window Fall Report NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-19 PUBLIC ACCESS DEFIBRILLATION PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To account for and properly document the use of Automated External Defibrillators (AEDs) in assigned commands, and to provide for the training and certification of uniformed, civilian and auxiliary members of the service in their use. DEFINITIONS AUTOMATED EXTERNAL DEFIBRILLATOR (AED) – An electronic device that is used to defibrillate the heart by applying an electric shock to it. UTILIZATION OF AED – Once an AED is placed on an aided, the Department considers that as utilized, even if a shock is not administered. When the AED pads are placed on an aided the machine will perform an analysis and advise what actions should be taken. CARDIO PULMONARY RESUSCITATION (CPR) ADMINISTERED – The Department considers that CPR has been administered once a member of the service performs rapid chest compressions or mouth-to-mouth ventilation on an aided. PROCEDURE In all commands assigned Automated External Defibrillators (AEDs): DESK OFFICER 1. 2. 3. 4. 5. 6. MEMBER OF THE SERVICE CERTIFIED TO UTILIZE AED/ ADMINISTER CPR 7. 8. Account for all AED kits assigned to command at the beginning of each tour. Assign an AED at the start of each tour to a member of the service trained and certified by the Department, as AED qualified. Notify radio dispatcher of the unit(s) that have been assigned an AED kit. Make a Command Log entry accounting for all AED kits and the notification to radio dispatcher. a. Note the assignment of AED kits by their serial numbers, with the prefix “AED” (e.g., AED 1234). Ensure assignment of AED kits are noted on the roll call. Secure AED kits that are not in use, in an appropriate location (e.g., radio room, property room). Inspect the AED kit to ensure that it contains the following items: a. Operational AED – one device b. Electrode pads with wire leads – two sealed packages, each containing two pads c. Pocket mask d. Gloves e. Cloth/gauze compress f. Razor. Notify desk officer of any deficiencies/missing equipment and make appropriate ACTIVITY LOG (PD112-145) entries. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-19 REVISION NUMBER: PAGE: 08/01/13 2 of 3 UPON ARRIVING AT THE SCENE OF A CARDIAC AIDED CASE MEMBER OF THE SERVICE CERTIFIED TO UTILIZE AED/ ADMINISTER CPR 9. 10. 11. 12. 13. DESK OFFICER 14. 15. ESU-AED COORDINATOR 16. 17. 18. Advise radio dispatcher of aided’s condition and request response of Emergency Medical Service (EMS) to the scene. Utilize the AED device in compliance with Department guidelines/ training. a. The AED will only be attached to an unconscious adult patient after it has been confirmed that the patient is not breathing and does not have a pulse b. Provide care until relieved by advanced level emergency medical personnel. Brief responding EMS crew or other advanced level emergency medical personnel of the following: a. Condition of the patient when found b. Nature of care provided, (i.e., rescue breathing, CPR, defibrillation, etc.). Prepare AIDED REPORT WORKSHEET (PD304-152b). a. Note in “Details” section of AIDED REPORT WORKSHEET if the AED was utilized, or CPR administered and results achieved. (1) If AED utilized, include serial number. b. If CPR was administered, check the appropriate caption on the AIDED REPORT WORKSHEET. Deliver AIDED REPORT WORKSHEET immediately to the desk officer after returning to the command. After member of the service returns to the command, telephone the ESU desk to obtain an AED/CPR log number and print this number in the upper right hand corner of the AIDED REPORT WORKSHEET. a. Forward a copy of the completed AIDED REPORT WORKSHEET to the ESU-AED Coordinator via fax, and via Department mail to the Emergency Service Unit, Attention: EMT School b. Ensure AED is secured until delivery, and is not reassigned. Schedule an appointment and ensure the AED is delivered to the ESUAED Coordinator, for downloading of information after each use. Download information from the data card or AED, as appropriate, and submit to the Supervising Chief Surgeon or designee. a. Check AED for operability/serviceability (battery charge, etc.). Fax copy of the AIDED REPORT WORKSHEET to the Office of the Supervising Chief Surgeon. Maintain: a. Permanent file of data collected from the AED Program b. List of AED kits by serial number c. Supply of AED pads and batteries for replacement when needed by commands. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-19 SUPERVISING CHIEF SURGEON/ DESIGNEE REVISION NUMBER: PAGE: 08/01/13 19. 3 of 3 Review the data received from the Emergency Service Unit. COMMANDING 20. 21. OFFICER Designate the command’s training sergeant as the AED liaison for the command. Ensure all members of the service assigned to use AEDs attend a one day AED training course at the Police Academy. COMMAND TRAINING SERGEANT 22. Act as command’s liaison with ESU-AED coordinator and the Police Academy. a. Resolve issues with the AED program b. Schedule members of the service, through the Chief of Patrol’s Resource Management Section, or Bureau Training Coordinator to attend the one day training session at the Police Academy. ADDITIONAL DATA In the event of loss or theft of an AED kit or its contents (except cloth/gauze compress and plastic gloves) comply with Patrol Guide 219-20, “Loss or Theft of Department Property.” Replacement of AED supplies, i.e. batteries, pads, etc., defective AED equipment, and other issues related to this program, may be referred to the ESU-AED coordinator. If any command wishes to purchase or accept a donation of an AED, that command must contact the ESU-AED coordinator, for inventory control and guidance as to which equipment has been approved by the Department. Training issues relating to this Program may be referred to the Police Academy. RELATED PROCEDURES Departmental Recognition (P.G. 205-39) Aided Cases General Procedure (P.G. 216-01) Loss or Theft of Department Property (P.G. 219-20) Gifts Offered to the Police Department (A.G. 325-33) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-20 HANDLING SHELTER CLIENTS WITH TUBERCULOSIS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To assist the Department of Health and Mental Hygiene in the removal of recalcitrant patients sheltered in Human Resources Administration facilities, who have tuberculosis and are refusing treatment. PROCEDURE When the Department of Health and Mental Hygiene notifies the Operations Unit that a removal and detention order has been issued: OPERATIONS UNIT PERSONNEL 1. 2. PATROL SUPERVISOR 3. 4. 5. 6. NOTE Upon notification by the Department of Health and Mental Hygiene (DOHMH) that a removal and detention order has been issued. a. Ascertain location of removal. b. Enter in the Command Log the name of the DOHMH personnel making notification and the pedigree information of the subject. Notify Communications Section to assign a patrol supervisor, an RMP unit and Emergency Service Unit to respond. Respond to scene and assess the situation. Determine if services of Emergency Service Unit are necessary. a. Cancel Emergency Service Unit if not required. Confirm that the Removal and Detention Order is possessed by the DOHMH physician/peace officer at the shelter site. Assign uniformed member of the service to accompany the subject and DOHMH physician/peace officer in the transportation vehicle provided by DOHMH to the pre-designated hospital. The primary responsibility of the Department, during these removals is to assist in the arrest and preserve the peace. If the patient resists, physical force may be used, but only to the extent necessary to restrain the subject until delivery to the hospital. Members of the service assigned are not to personally assist in forcing entry to the premises, securing it afterwards, or safeguarding property thereat. Those duties, if necessary, will be performed by other agencies at the direction of the Department of Health and Mental Hygiene (DOHMH) physician/peace officer. In the event that the Human Resources Administration is unable to provide a vehicle, an ambulance will be requested through Communications. Except in extreme cases, Department vehicles will not be utilized for transportation purposes. Responding members of the service will take appropriate precautions, including the wearing of plastic gloves and facial masks. Facial masks will be provided at the shelter site by the Department of Health and Mental Hygiene. Due to the medical conditions of the patient and the Department’s responsibility to minimize exposure of the patient to others, it is imperative that they be transported only to the designated Health and Hospitals Corporation facility. This includes those situations where the subject to be removed engages in conduct where an arrest is effected for other than refusal to comply with the DOHMH physician/peace officer’s order. In these cases, the arrest will be made by members of this Department and P.G. 210-02 “Hospitalized Prisoners,” will be followed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-20 UNIFORMED MEMBER OF THE SERVICE REVISION NUMBER: PAGE: 08/01/13 7. 8. 9. 10. 2 of 2 Accompany patient along with a DOHMH physician/peace officer to predesignated hospital. Enter details of removal and transport in ACTIVITY LOG (PD112-145). Ensure that the name of the DOHMH physician/peace officer, and the patient removed, are recorded in ACTIVITY LOG and on any other Department forms prepared. Comply with the pertinent provisions of P.G. 205-10, “Exposure of Members of the Service to Infectious Diseases or Hazardous Materials.” ADDITIONAL DATA If the patient exhibits behavior where it is likely that the patient or others may be seriously injured or the patient barricades himself in the premises and refuses to comply, members of the service at the scene will comply with the provisions of P.G. 216-05, “Mentally Ill or Emotionally Disturbed Persons” and P.G. 212-38, “Hostage/ Barricaded Person(s),” as appropriate. RELATED PROCEDURES Exposure of Members of the Service to Infectious Diseases or Hazardous Materials (P.G. 205-10) Hospitalized Prisoners (P.G. 210-02) Hostage/Barricaded Person(s) (P.G. 212-38) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-21 RESPONSE TO CARBON MONOXIDE ALARMS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 DEFINITIONS CARBON MONOXIDE - a colorless and odorless gas that interferes with the delivery of oxygen to the cells of the body. The signs and symptoms of carbon monoxide poisoning are headache, nausea, vomiting, confusion and disorientation. In severe cases cherry red skin can be present. Carbon monoxide is created by incomplete combustion of burning fuels, such as gasoline, oil, wood and paper. PROCEDURE When responding to a report of a residential carbon monoxide alarm: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. 8. Promptly respond to location and attempt to identify what type of alarm has been transmitted (e.g. residential, central station monitored, EMS call). Interview any person(s) that may have information regarding location of the alarm. Refrain from entering location. Request the response of Patrol Supervisor, if alarm confirmed. Establish frozen area. Render reasonable aid to victims, if present. Request Emergency Medical Service to respond if necessary. Observe affected individuals for signs and symptoms of carbon monoxide poisoning and direct them to EMS for treatment. PATROL SUPERVISOR 9. 10. 11. NOTE Patrol Supervisors should be guided by Patrol Guide 212-37, “Hazardous Materials,” when responding to a carbon monoxide alarm and setting up frozen areas. EMERGENCY SERVICE UNIT MEMBER Respond to location. Evaluate situation upon arrival. Maintain frozen area and extend if necessary, until hazard is removed. 12. 13. 14. 15. 16. Establish Crime Scene, if necessary. Request response of ESU personnel. Prevent all non-ESU police personnel from entering location. Notify Duty Captain and precinct Desk Officer. Direct Communications to notify Department of Buildings if location is City owned. 17. Respond to location and determine whether carbon monoxide gases are present. Advise patrol supervisor on appropriate frozen area boundaries, as necessary. Determine whether location is safe for re-entry. 18. 19. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 216-21 UNIFORMED MEMBER OF THE SERVICE PAGE: 08/01/13 20. 21. 22. PATROL SUPERVISOR REVISION NUMBER: 23. 24. 25. 2 of 2 Remain outside location until ESU deems location habitable. Assist EMS with removal of aided(s) if location is properly vented and ESU personnel advise the location is safe to enter. Comply with P.G. 216-01, “Aided Cases General Procedure.” Direct preparation of AIDED REPORT WORKSHEETS (PD304152b) and a COMPLAINT REPORT WORKSHEET (PD313-152A), if appropriate. Confer with ESU personnel to determine if location is safe for occupants to re-enter prior to allowing re-entry. Comply with pertinent provisions of Patrol Guide 212-37, “Hazardous Materials,” if it is determined that a continuing carbon monoxide threat exists. RELATED PROCEDURES Hazardous Materials (P.G. 212-37) Aided Cases General Procedure (P.G. 216-01) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT WORKSHEET (PD313-152A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Aided Cases Procedure No: 216-22 MOBILE CRISIS OUTREACH TEAMS AND ASSERTIVE COMMUNITY TREATMENT TEAMS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To safeguard and remove mentally ill or emotionally disturbed persons at the direction of Mobile Crisis Outreach or Assertive Community Treatment Teams pursuant to Sections 9.37 and 9.58 of the New York State Mental Hygiene Law. DEFINITIONS MOBILE CRISIS OUTREACH TEAMS- These teams are independently operated by local hospitals or community-based mental health organizations, are usually funded by the Department of Health and Mental Hygiene, and may sometimes be attached to New York State licensed “comprehensive emergency programs.” Their goal is to assess, stabilize and rapidly refer patients to longerterm providers. ASSERTIVE COMMUNITY TREATMENT TEAMS (ACT)- Similar to Mobile Crisis Outreach Teams, but are “hospitals on wheels,” more richly staffed by mental health workers and charged with providing a wide range of ongoing services. ACT teams sometimes need to order involuntary transport of their patients to hospital emergency rooms. They receive contract funding from the Department of Health and Mental Hygiene and are licensed by the New York State Office of Mental Health. QUALIFIED MENTAL HEALTH PROFESSIONAL (QMHP)- are members of a Mobile Crisis Outreach or Assertive Community Treatment Team who are licensed psychologists, certified social workers or registered professional nurses. PROCEDURE When directed to assist, on scene, designated physicians or qualified mental health professionals assigned to Mobile Crisis Outreach Teams or Assertive Community Treatment Teams, uniformed members of the service will: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. Comply with provisions of Patrol Guide 216-05, “Mentally Ill or Emotionally Disturbed Persons.” Examine the Department of Health and Mental Hygiene photo identification card of the physician or qualified mental health professional on scene. a. Record pertinent information in ACTIVITY LOG (PD112-145), including the identity of the physician or qualified mental health professional ordering the removal, and the length of time the aided was in police custody. Prepare AIDED REPORT WORKSHEET (PD304-152b). a. Attach Form OMH 475 (Application for Involuntary Admission on Certificate of a Director of Community Services or Designee) OR Form OMH 482 (Mobile Crisis Outreach Team Authorization for Transport) to the AIDED REPORT WORKSHEET. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 216-22 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 Designated physicians authorizing a removal must prepare Form OMH 475 (Application for Involuntary Admission on Certificate of a Director of Community Services or Designee) prior to directing the involuntary transport of an individual. Other qualified mental health professionals assigned to Mobile Crisis Outreach Teams / Assertive Community Treatment Teams must prepare Form OMH 482 (Mobile Crisis Outreach Team Authorization for Transport) prior to directing the involuntary transport of an individual. In either case, a copy of the required form must be provided to responding officers for attachment to the AIDED REPORT WORKSHEET. A uniformed member of the service will assist in the transportation of the patient to the hospital and ride in the body of the ambulance with the patient. A uniformed member will remain with the patient until he/she is examined and is either released or admitted at the psychiatric emergency room. Mobile Crisis Outreach or Assertive Community Treatment Teams ordering the removal of a mentally ill person will safeguard all personal property (other than contraband) removed from the patient. RELATED PROCEDURES Unusual Occurrence Reports (P.G. 212-09) Hostage/Barricaded Person(s) (P.G. 212-38) Aided Cases General Procedure (P.G. 216-01) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Mental Health Removal Orders (P.G. 216-06) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) LESS LETHAL/RESCUE EQUIPMENT USE REPORT (PD320-151) Application for Involuntary Admission on Certificate of a Director of Community Services or Designee (OMH Form 475) Mobile Crisis Outreach Team Authorization for Transport (OMH Form 482) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-01 VEHICLE COLLISIONS – GENERAL PROCEDURE DATE ISSUED: 09/04/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/04/13 1 of 7 PURPOSE To record and determine the cause of each vehicle collision and take or recommend corrective action. DEFINITIONS VEHICLE COLLISION – A collision which occurs on a public highway, a street between building lines, or private property and involves a vehicle, including a parked vehicle, attended or unattended. VEHICLE - Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. QUALIFYING VEHICLE - For the purposes of this procedure is: a. Any commercial truck having a Gross Weight Rating or Gross Combined Weight Rating more than 10,000 pounds b. Any vehicle displaying a hazardous materials placard c. A bus designed to carry nine or more persons, including the driver. BICYCLE - Every two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by pre-teenage children. PROCEDURE Upon notification or observation of a vehicle collision: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. 8. Park radio motor patrol car behind vehicles involved, so that traffic will not be impeded. Ascertain if there are any injuries and request ambulance if needed. a. Place IDENTIFICATION TAG (PD317-091) on aided if unconscious and removed to hospital. Divert traffic, if necessary. a. Use traffic cones, turret lights and danger signs, whenever available. b. Place the first cone at least two hundred feet from the collision on high-speed highways, bridges, etc. Obtain the driver’s license, vehicle registration, and insurance identification card. a. Record required information and return credentials to driver(s). Have vehicles removed from roadway as soon as practical. Determine the cause of the collision by inquiry and observation. Survey the scene carefully and be alert for common insurance fraud indicators. Take summary action, if necessary. a. If a moving violation summons is issued and the collision from which the violation arose resulted in the death or serious physical injury of someone other than the violator, the summonsing officer must write “D” for death or “SPI” for serious physical injury in the “Description/Narrative” section of the summons. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-01 UNIFORMED MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 09/04/13 9. 10. 11. 12. 13. 14. 2 of 7 Prepare top portion of COLLISION INFORMATION EXCHANGE/ ACKNOWLEDGEMENT OF FOUND PROPERTY (PD301-092), enter address of command of occurrence and give to operators. a. Advise operator, if incapacitated, that another participant in the collision, or the owner of the vehicle, must complete the bottom portion of the COLLISION INFORMATION EXCHANGE/ ACKNOWLEDGEMENT OF FOUND PROPERTY form. b. Complete the bottom portion of the COLLISION INFORMATION EXCHANGE/ACKNOWLEDGEMENT OF FOUND PROPERTY, if the owner of the vehicle or no other participant in the collision is available. Prepare Police Accident Report (MV104AN). Complete all relevant captions legibly, with particular attention to the following: a. Account for all passengers in the vehicle taking care to note their seating position, name and injury (if any). (1) If injury is involved, include statement on Police Accident Report as to whether the airbag inflated and deployed. b. Attempt to identify passengers through documentation (photo identification if possible). If unable to do so note on Police Accident Report. c. Enter passenger information in the “All Involved” section of the Police Accident Report, boxes “A through F.” d. Draw a straight line through every unused box of this section and initial it. e. Repeat the same process as above on the reverse side of the Police Accident Report, in the “Persons Killed Or Injured In Accident” section, boxes “A through E.” f. Enter information concerning operator of bicycle involved in section captioned “Vehicle 2”, if applicable. (1) Enter the name and address of the bicycle rental company in the applicable registration information captions, if a rental bicycle is involved. Obtain the vehicle identification numbers (VIN) from the dashboard and door of each vehicle involved in the collision. a. Ensure that they match. b. List VIN in the “Accident Description/Officer’s Notes” caption of the Police Accident Report. Inspect vehicles/bicycles involved in the collision and indicate the type of vehicle/bicycle in the “Vehicle Type” caption on the Police Accident Report (see ADDITIONAL DATA). Obtain pedicab information, if involved in collision. a. Enter pedicab Department of Consumer Affairs License number in “Driver License ID Number” caption on Police Accident Report. b. Enter pedicab registration number in “Plate Number” caption on Police Accident Report.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-01 REVISION NUMBER: PAGE: 09/04/13 3 of 7 UNIFORMED MEMBER OF THE SERVICE (continued) 15. NOTE If a collision involved a qualifying vehicle and a “condition of severity,” as described above, a MV104S must be prepared for each qualifying vehicle and attached to the corresponding Police Accident Report. 16. NOTE Prepare Truck and Bus Supplemental Police Accident Report (MV104S) if at least one vehicle involved is a qualifying vehicle and the collision resulted in one of the following “conditions of severity” for any person or any vehicle involved: a. At least one person sustained fatal injuries b. At least one person was transported for immediate medical treatment c. At least one vehicle was towed/transported from the scene (other than for a flat tire). Check appropriate “Duplicate Copy Required For” captions on rear of Police Accident Report and, in addition, check box captioned “Other City Agency,” if necessary, and enter: a. DEPARTMENT OF CONSUMER AFFAIRS - if tow truck or pedicab licensed by Department of Consumer Affairs is involved in collision. b. NEW YORK CITY DEPARTMENT OF TRANSPORTATION if collision involved collision with a “crash cushion” or “highway impact attenuator.” c. DEPARTMENT OF PARKS - Person killed or injured on roadway under jurisdiction of Department of Parks, or motor vehicle collision resulting in damage to a tree on park land, city street, or on any other public property owned by the City of New York. d. MISSING PERSON SQUAD (MEDICAL EXAMINER’S LIAISON UNIT) - person killed in collision. e. HIGHWAY DISTRICT (COLLISION INVESTIGATION SQUAD) - person killed in collision. Subdivision “d” and “e” above will also be followed when a supplementary Police Accident Report is prepared indicating that a death has resulted at a later date after the original report has been forwarded. f. g. NEW YORK CITY FIRE DEPARTMENT, ACTIONS AND CLAIMS UNIT - if collision involves any of the following: (1) Fire Department vehicles (2) Health and Hospitals Corporation ambulance (staffed by FDNY - Emergency Medical Service personnel) (3) Fire hydrants (4) Fire alarm boxes DEPARTMENT OF EDUCATION, OFFICE OF PUPIL TRANSPORTATION - vehicle collision involving a school bus. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-01 PAGE: 09/04/13 4 of 7 h. UNIFORMED MEMBER OF THE SERVICE (continued) 17. NOTE REVISION NUMBER: NYC TAXI AND LIMOUSINE COMMISSION - if taxi or for hire vehicle (livery/limousine) is licensed by the NYC Taxi and Limousine Commission. i. NYC OFFICE OF THE COMPTROLLER - all collisions where New York City personnel or City property is involved. Inform person(s) involved in collision that copy of Police Accident Report may be obtained at precinct of occurrence: a. In person, within thirty days of the collision, along with a ten dollar fee (check or money order only) for each request. A current, valid form of picture identification (driver’s license, passport, etc.) is required. b. By mail request, when received within thirty days of collision, with a ten dollar check or money order and a self-addressed stamped envelope. Any mail request not accompanied by a photocopy of a current, valid form of picture identification, i.e., driver’s license, passport, etc. will be returned. 18. 19. Sign and deliver the Police Accident Report to the desk officer, precinct of occurrence. a. Members assigned to outside commands will deliver the prepared Police Accident Report to the desk officer, precinct of occurrence. Make complete ACTIVITY LOG (PD112-145) entry. 20. Make required entries in the Automated Accident Index utilizing FINEST or Local Area Network (LAN) terminals for Police Accident Reports prepared during the tour. DESK OFFICER 21. Review all Police Accident Reports for collisions occurring in the command and ensure that required entries are made in the Automated Accident Index on each tour. COMMAND CLERK NOTE TRAFFIC SAFETY OFFICER The desk officer WILL NOT accept Police Accident Reports for collisions occurring in another command. 22. Forward Police Accident Reports to precinct traffic safety officer. 23. Review all Police Accident Reports. a. In absence of traffic safety officer, a uniformed member of the service authorized by the commanding officer, will review Police Accident Reports. Forward reviewed Police Accident Reports to training sergeant for signature. a. Inform training sergeant of any deficiencies. 24. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-01 REVISION NUMBER: PAGE: 09/04/13 5 of 7 TRAINING SERGEANT 25. Sign all Police Accident Reports and return them to traffic safety officer. a. Ensure any deficiencies on Police Accident Reports are addressed accordingly. TRAFFIC SAFETY OFFICER 26. Send copies of Police Accident Reports marked “Duplicate Copies For” to appropriate agency in an addressed white envelope and forward envelope via Mail and Distribution Unit. Duplicate and forward collision reports, on a daily basis, to the Highway Unit concerned for collisions occurring on limited access highways. Fax copy of all Police Accident Reports involving a “crossover” collision to the Corporation Counsel and the Highway District. Provide to the desk officer for review a daily recapitulation of all collision numbers generated for a given command. Photocopy all completed Police Accident Reports. Maintain a file of completed photocopied Police Accident Reports: a. By the month in which the collision occurs b. For a minimum of one year c. In a secure locked cabinet. Place an entire month of original Police Accident Reports for collisions not involving a fatality and not requiring the preparation of a Truck and Bus Supplemental Police Accident Report in an envelope addressed to the New York State Department of Motor Vehicles, Accident Records Bureau and forward envelope via Mail and Distribution Unit. Place an entire month of original Police Accident Reports for collisions involving a fatality or collisions requiring the preparation of a Truck and Bus Supplemental Police Accident Report in an envelope addressed to the New York State Department of Motor Vehicles, Accident Records Bureau and forward envelope via Mail and Distribution Unit. 27. 28. 29. 30. 31. 32. 33. 34. MAIL AND DISTRIBUTION UNIT MEMBER ADDITIONAL DATA Forward original Police Accident Reports received to the New York State Department of Motor Vehicles thirty to sixty days from the collision. Accordingly, all collisions occurring in the month of January will be forwarded March 1st, all collisions occurring in the month of February will be forwarded April 1st, etc. If collision involves an arrest for Driving While Intoxicated/Impaired, a copy of the Police Accident Report will be attached to court papers and delivered by the arresting officer to the assistant district attorney in the complaint room. Prepare Police Accident Report in any vehicle collision case when the City is involved or an animal (horse, dog, domestic cattle, etc.) is killed or injured. A personal injury bicycle collision, not involving a motor vehicle, is reported on a Police Accident Report as per Patrol Guide procedure 217-17, “Bicycle Collisions – General Procedure.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 217-01 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/04/13 6 of 7 Members of the service will indicate the type of vehicle/bicycle involved in the collision and enter the appropriate information in the “Vehicle Type” caption on the Police Accident Report: (a) SEDN - Passenger vehicle (b) SUBN - Sport utility vehicle/station wagon (c) VAN - Van (d) PICK - Pick-up truck (e) SCOM - Small commercial vehicle (four tires) (e.g., box truck, etc.) (f) LCOM - Large commercial vehicle (six or more tires) (e.g., semi, tractor trailer, etc.) (g) TAXI - Taxi vehicle (h) LIV - Livery vehicle (i) BUS - Bus (j) AMBU - Ambulance (k) FIRE - Firetruck (l) MCY - Motorcycle (m) SCOOT - Scooter (n) BIKE - Bicycle (o) PCAB - Pedicab (p) UNK - Unknown (q) OTH - Other. ADDITIONAL DATA (continued) Pending arrival of an ambulance, the uniformed member should allow a sick/injured person to be treated by a doctor, emergency medical technician or paramedic, if person volunteers his/her services, AND the uniformed member reasonably believes the volunteer is a professional. The medical attention should take place, if possible, under the observation of the member concerned. When the emergency situation is under control, request identification from volunteer, including name and address, and record information in ACTIVITY LOG (PD112-145) and under “Details” in Police Accident Report. The volunteer’s role is limited to providing medical assistance ONLY. Determination regarding removal procedures via ambulance, Medevac, etc., will be determined by Emergency Medical Service personnel. A REQUEST FOR COPY OF COLLISION RECORD (PD301-165) will be given to concerned person upon request at any precinct stationhouse or at the Public Inquiry and Request Section. The following vehicles do not require insurance identification cards: a. Taxis, buses and other rented vehicles b. Vehicles operating under the authority of the Public Service Commission and ICC c. Government owned vehicles d. Certain farm vehicles RELATED PROCEDURES Forwarding of Fees to Audits and Accounts Unit (P.G. 212-82) Aided Cases General Procedure (P.G. 216-01) Unidentified Persons (P.G. 216-03) Accidents and Collisions – City Involved (P.G. 217-04) Department Vehicle Collisions (P.G. 217-06) Collisions – Private Vehicles Authorized for Police Use (P.G. 217-07) Bicycle Collisions – General Procedure (P.G. 217-17) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 217-01 FORMS AND REPORTS DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/04/13 7 of 7 COLLISION INFORMATION EXCHANGE/ACKNOWLEDGEMENT OF FOUND PROPERTY (PD301-092) ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) IDENTIFICATION TAG (PD317-091) REQUEST FOR COPY OF COLLISION RECORD (PD301-165) Police Accident Report (MV104AN) Truck and Bus Supplemental Police Accident Report (MV104S) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-02 VEHICLE COLLISIONS WHICH RESULT IN DEATH, SERIOUS INJURY AND LIKELY TO DIE, OR CRITICAL INJURY DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 4 PURPOSE To investigate vehicle collisions in which death, serious injury and likely to die, or critical injury has occurred and to present facts to the District Attorney. DEFINITION CRITICAL INJURY – A critical injury will be determined based upon the onscene assessment of Emergency Medical Services (EMS) personnel. PROCEDURE After responding to a vehicular collision in which death, serious injury and likely to die, or a critical injury has occurred, follow normal vehicle collision procedures and, in addition: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. 8. 9. Detain drivers, occupants, vehicles involved, and witnesses. Effect arrest and comply with P.G. 208-40, “Intoxicated or Impaired Driver Arrest,” if probable cause is immediately established that an operator is under the influence of alcohol and/or drugs. Ensure operators of all vehicles involved in a motor vehicle collision resulting in death, serious injury and likely to die, or critical injury to a person submit to a breath test for alcohol unless: a. A vehicle operator is removed from the scene for immediate medical attention or; b. Otherwise directed by a supervisor on the scene. Ensure any other operator(s) remain at the scene pending the administration of a hand held Portable Breath Test (PBT) by a qualified member of the service or Highway Unit personnel, if readily available. a. Observe operator(s) for any indication of impairment by alcohol and/or drugs pending the arrival of an available PBT b. Effect arrest and comply with P.G. 208-40, “Intoxicated or Impaired Driver Arrest,” if probable cause is subsequently established that an operator is under the influence of alcohol and/or drugs pending the arrival of an available PBT c. Transport prisoner to the designated testing location without unnecessary delay in order to minimize the possibility of a reduced alcohol concentration level reading of a chemical test when administered. Obtain name, address, home and business telephone numbers of any person who must leave the scene. Confer with on–scene emergency medical service personnel to ascertain if any person involved in collision has been classified as critically injured as per FDNY EMS guidelines. Request patrol supervisor to respond to scene. DO NOT disturb collision scene unnecessarily. a. Mark position of vehicle and/or injured person with chalk, if person/vehicle must be moved. Make ACTIVITY LOG (PD112-145) entry. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-02 PATROL SUPERVISOR REVISION NUMBER: PAGE: 08/19/13 10. 11. 12. 13. 2 of 4 Respond to collision scene. Upon arrival at the collision scene where a death, serious injury and likely to die, or critical injury has occurred, request the response of: a. Precinct Detective Squad b. Highway District Collision Technician Group c. Highway District Collision Investigation Squad. Notify desk officer and commanding officer/duty captain regarding circumstances of incident. Notify Operations Unit if an extended closure of a roadway(s) is required or if perishable merchandise or current newspapers are involved. COMMANDING 14. OFFICER/ DUTY CAPTAIN Confer with patrol supervisor regarding incident. a. Ensure criteria for a critical injury have been met, or in circumstances where criteria for a critical injury have not been met, determine whether the extent of injuries and/or unique circumstances of a collision warrant an investigation under the parameters of this procedure. b. Ensure appropriate units have been notified and are responding. PRECINCT DETECTIVE SQUAD MEMBER 15. Interview witnesses and secure the crime scene pending arrival of the Highway District Collision Technician Group and the Highway District Collision Investigation Squad. HIGHWAY DISTRICT COLLISION TECHNICIAN GROUP MEMBER 16. 17. Process collision scene. Confer with Highway District Collision Investigation Squad member in regards to processing the collision scene. Prepare MOTOR VEHICLE COLLISION AND MECHANISM REPORT (PD301-151). HIGHWAY DISTRICT, COLLISION INVESTIGATION SQUAD MEMBER 19. 18. 20. 21. 22. 23. Notify and inform appropriate District Attorney’s Office of preliminary facts of incident prior to the conclusion of the investigation. Conduct on-scene collision investigation with Highway District Collision Technician Group member. Prepare WITNESS STATEMENT - VEHICLE COLLISION (PD301061). Prepare Early Notification of Fatal Accident (MV-104EN), if appropriate, and fax to New York State Department of Motor Vehicles within twenty-four hours. Prepare Police Report for Fatal Motor Vehicle Accidents (MV-104D), if appropriate. a. Complete a separate Police Report for Fatal Motor Vehicle Accidents when more than one person in a motor vehicle collision is deceased or if more than three vehicles are involved in a fatal collision. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-02 REVISION NUMBER: PAGE: 08/19/13 HIGHWAY DISTRICT, COLLISION INVESTIGATION SQUAD MEMBER (continued) 24. DESK OFFICER, PRECINCT OF OCCURRENCE 26. 25. 27. 28. 3 of 4 Forward copies of completed Early Notification of Fatal Accident and Police Report for Fatal Motor Vehicle Accidents, and all other reports prepared to the Highway District Collision Investigation Squad concerned. Notify relatives or friends of the deceased in a timely manner, if applicable. Have a separate COMPLAINT REPORT (PD313-152) prepared for each person killed, or seriously injured and likely to die, or received a critical injury as a result of the collision. a. Classify COMPLAINT REPORT either “Case Open-Investigate Motor Vehicle Collision/Fatal,” or “Case Open-Investigate Motor Vehicle Collision/Serious Injury and Likely to Die/Critical Injury,” as appropriate. Record as “Referred to Collision Investigation Squad” and forward copies of COMPLAINT REPORT, as appropriate. Ensure that notifications to relatives or friends are made in a timely manner and document the time and date of the notification as well as the name of member making notification under caption “NOTIFICATIONS” on the Police Accident Report (MV104AN). a. Ensure above notifications are made by the Highway District Collision Investigation Squad when a vehicle collision has resulted in a death. HIGHWAY DISTRICT COLLISION TECHNICIAN GROUP MEMBER 29. Forward all reports, including any subsequent reports directly related to collision investigation, to the Highway District Collision Investigation Squad. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS The Highway District Collision Technician Group and the Highway District Collision Investigation Squad investigators will maintain an open dialogue to ensure a proper and successful investigation is conducted. A designated member of the Highway District Collision Investigation Squad will coordinate the investigation and presentation of facts to District Attorney concerned. When a precinct desk officer is notified that a person who sustained an apparent minor injury in a vehicle collision (COMPLAINT REPORT was NOT prepared) has died as a result of the collision, a COMPLAINT REPORT and a supplementary Police Accident Report will be prepared. The COMPLAINT REPORT, supplementary Police Accident Report and a copy of the original Police Accident Report will be forwarded to the Collision Investigation Squad concerned. Additionally, the Collision Investigation Squad concerned will also be notified by telephone. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 217-02 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 4 of 4 When making a determination as to when an extended roadway closure should be placed into effect in order to assist in a collision investigation (including the length of time a closure will remain in effect and whether or not to partially or fully close the roadway), the severity of injuries sustained by the individual(s) involved should be weighed versus other contributing factors (i.e., the time and day of occurrence, the specific type of roadway involved [e.g., arterial highway, major thoroughfare, etc.], the ability to effectively detour traffic and the need to preserve evidence at the scene). Operations Unit personnel will ensure that the Traffic Management Center is aware of any closures involving an arterial highway. If a moving violation summons is issued and the violation resulted in a collision that caused the death or serious physical injury of someone other than the violator, the summonsing officer must write “D” for death or “SPI” for serious physical injury in the “Description/Narrative” section of the summons. LEGAL CONSIDERATIONS In accordance with Vehicle and Traffic Law, Section 1194.1 subsection (b), when requested to do so, all operators of vehicles involved in motor vehicle accidents are required to submit to a breath test for alcohol. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Vehicle Collisions - General Procedure (P.G. 217-01) Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury– Mechanical Defect Involved (P.G. 217-03) Intoxicated or Impaired Driver Arrest (P.G. 208-40) Chemical Test Warrant Application (P.G. 217-16) Bicycle Collisions – General Procedure (P.G. 217-17) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT (PD313-152) MOTOR VEHICLE COLLISION AND MECHANISM REPORT (PD301-151) WITNESS STATEMENT - VEHICLE COLLISION (PD301-061) Police Accident Report (MV104AN) Early Notification of Fatal Accident (MV-104EN) Police Report for Fatal Motor Vehicle Accidents (MV-104D) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-03 VEHICLE COLLISIONS WHICH RESULT IN DEATH, SERIOUS INJURY AND LIKELY TO DIE, OR CRITICAL INJURY– MECHANICAL DEFECT INVOLVED DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 2 PURPOSE To examine a vehicle involved in a collision which has resulted in death, serious injury and likely to die, or critical injury to an individual to ascertain if the vehicle is mechanically defective. DEFINITION CRITICAL INJURY – A critical injury will be determined based upon the onscene assessment of Emergency Medical Services (EMS) personnel. PROCEDURE When a vehicle has been involved in a collision which has resulted in death, serious injury and likely to die, or critical injury to an individual, and either the operator indicates or Highway Unit personnel suspect that the vehicle has a mechanical defect: HIGHWAY UNIT OFFICER 1. 2. 3. 4. 5. UNIFORMED MEMBER OF THE SERVICE 6. 7. Prepare MOTOR VEHICLE COLLISION AND MECHANISM REPORT (PD301-151). a. Prepare WITNESS STATEMENT-VEHICLE COLLISION (PD301-061), if appropriate. Prepare the Early Notification of Fatal Accident (MV-104EN), if appropriate, and fax to New York State Department of Motor Vehicles within twenty-four hours. Prepare the Police Report for Fatal Motor Vehicle Accidents (MV104D), if appropriate. a. Complete a separate Police Report for Fatal Motor Vehicle Accidents when more than one person in a motor vehicle collision is deceased or if more than three vehicles are involved in a fatal collision. Forward copies of completed Early Notification of Fatal Accident and Police Report for Fatal Motor Vehicle Accidents to the Collision Investigation Squad concerned. Report facts to desk officer, precinct of occurrence, and to assigned member of Collision Investigation Squad. Summon Department tow truck and have vehicle removed to Department facility. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521141A). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-03 DESK OFFICER, PRECINCT OF OCCURRENCE REVISION NUMBER: PAGE: 08/19/13 8. 9. 10. 2 of 2 Enter rank, name, and shield number of Highway Unit officer in the Command Log. a. Note in entry if mechanical defect is a possible factor in collision. Make reference to Command Log entry on Police Accident Report (MV104AN). Have PROPERTY CLERK INVOICE (PD521-141) prepared from WORKSHEET, review and digitally sign. DESK OFFICER/ SUPERVISOR AT DEPARTMENT FACILITY 11. RELATED PROCEDURES Vehicle Collisions - General Procedure (P.G. 217-01) Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury (P.G. 217-02) FORMS AND REPORTS MOTOR VEHICLE COLLISION AND MECHANISM REPORT (PD301-151) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) WITNESS STATEMENT-VEHICLE COLLISION (PD301-061) Police Accident Report (MV104AN) Early Notification of Fatal Accident (MV-104EN) Police Report for Fatal Motor Vehicle Accidents (MV-104D) 12. 13. Do not permit removal of vehicle if required as evidence or until the defect has been corrected. Obtain signed statement from person correcting mechanical defect and file in Property Receipt Book. Permit removal of vehicle only by properly equipped tow truck if defect is not corrected, provided vehicle is not required as evidence. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-04 ACCIDENTS AND COLLISIONS - CITY INVOLVED DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 2 PURPOSE To assist the City in processing cases in which the City may be a plaintiff or defendant. DEFINITION CITY INVOLVED - Any reported incident involving personal injury and/or property damage which may involve the City in a civil action. PROCEDURE When it is determined that the City may be involved in a civil suit as a result of an accident or vehicle collision: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. DESK OFFICER 5. 6. 7. Prepare Police Accident Report (MV104AN) if collision and check appropriate boxes under caption “DUPLICATE COPY REQUIRED FOR,” OR Prepare AIDED REPORT WORKSHEET (PD304-152b) in other cases in which personal injury resulted and the City may be involved, OR Prepare ACCIDENT REPORT - CITY INVOLVED (PD301-155) (only) in all other cases in which the City may be involved and no personal injury resulted (property damage only). Ensure that AIDED REPORT WORKSHEET contains an indication that City is involved and name of City agency involved. Inform persons involved that a claim against the City arising from the incident must be filed with the Comptroller of the City of New York within ninety days. Submit REPORTS to desk officer. Review and sign reports, as appropriate. Direct command clerk to enter information from AIDED REPORT WORKSHEET into On-Line Aided System. Forward: a. Police Accident Report in normal manner b. ACCIDENT REPORT - CITY INVOLVED as per instructions on form. (1) Dispose of buff agency copy if Police Department is the ONLY agency involved. (2) Determine City agency involved as indicated below: CONDITION AGENCY Traffic signs, stanchions, signal lights, etc. Property damage on roadway under jurisdiction of Department of Parks, or trees damaged on parkland, City streets, or on any other public property owned by the City of New York. Department of Transportation. Department of Parks. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-04 REVISION NUMBER: PAGE: 08/19/13 2 of 2 CONDITION AGENCY Damaged fire alarm box/post. New York City Fire Department, Actions and Claims Unit. Lampposts. Department of Transportation. Damage to parkway, through park road, highway, stone wall, curb, fence, guide rail, post, etc. Department of Transportation, Bureau of Highways, Legal Department. Accidents on or in immediate vicinity of a ferry, bridge, tunnel, dock, airport or seaplane base. Agency concerned. City hydrants Department of Environmental Protection and the New York City Fire Department, Actions and Claims Unit. School bus collision Department of Education, Office of Pupil Transportation. Property damage occurring on or emanating from transit facilities (e.g., falling debris from elevated MTA line) ADDITIONAL DATA NYC Transit Law Department OPERATIONAL CONSIDERATIONS It is not unusual for claims to arise in favor of the City in certain accidents and vehicle collisions. It is the policy of the City to pursue such claims. Members of the service at the scene of an incident involving the City will detail circumstances which may support claims by the City against private entities. Additionally, members will obtain names and addresses of witnesses at the scene, including potential witnesses favorable to the City. Full cooperation with the involved City agency or the Law Department in pursuing these claims is mandatory. FORMS AND REPORTS ACCIDENT REPORT - CITY INVOLVED (PD301-155) AIDED REPORT WORKSHEET (PD304-152b) Police Accident Report (MV104AN) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-05 LEAVING THE SCENE OF A COLLISION DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 2 PURPOSE To investigate reports of leaving the scene of vehicle collisions. PROCEDURE Upon arrival at scene of a vehicle collision involving personal injury and/or property damage, and the operator of one of the vehicles has fled the scene without reporting, follow P.G. 217-01 “Vehicle Collisions – General Procedure” and: UNIFORMED MEMBER OF THE SERVICE 1. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A), unless the operator of a vehicle that left the scene of a collision (PROPERTY DAMAGE ONLY) is apprehended and issued a summons for the traffic offense of Leaving the Scene of a Collision Without Reporting, prior to preparation of a COMPLAINT REPORT WORKSHEET. IF NEW YORK REGISTRATION NUMBER IS OBTAINED UNIFORMED MEMBER OF THE SERVICE 2. 3. 4. Query NYSPIN through the FINEST system to determine if vehicle is reported stolen. a. DO NOT give complainant hard copy. b. Provide information utilizing COLLISION INFORMATION EXCHANGE/ACKNOWLEDGEMENT OF FOUND PROPERTY (PD301-092). Obtain name and address of registered owner. Give information to complainant. IF VEHICLE REGISTERED IN ANOTHER STATE UNIFORMED MEMBER OF THE SERVICE 5. 6. ADDITIONAL DATA Query NYSPIN through the FINEST System to determine identity of registered owner. a. Request information needed through an adjoining command, if the command FINEST System is inoperable. Provide complainant with information, if identity of owner is obtained. OPERATIONAL CONSIDERATIONS In determining whether a case should be closed or referred to the detective squad, the following criteria should be considered: a. b. c. d. e. f. Extent of damage Whether the facts or degree of damage indicate operator intentionally left scene knowing he caused damage Availability of witnesses to testify Timeliness of complaint Whether the report is being made for prosecution or insurance purposes Other relevant factors which would have a bearing on this determination. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 217-05 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 2 of 2 ADDITIONAL DATA (continued) In PROPERTY DAMAGE ONLY cases, a summons returnable to the Traffic Violations Bureau may be served even though the member did not observe the offense (see Vehicle and Traffic Law, Section 602). RELATED PROCEDURES Vehicle Collisions - General Procedure (P.G.217-01) Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury (P.G. 217-02) Conditions of Service (P.G. 209-01) FORMS AND REPORTS COLLISION INFORMATION EXCHANGE/ACKNOWLEDGEMENT OF FOUND PROPERTY (PD301-092) COMPLAINT REPORT WORKSHEET (PD313-152A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-06 DEPARTMENT VEHICLE COLLISIONS DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 10 PURPOSE To record and determine the causes of collisions involving Department vehicles, including vehicles leased or rented by the Department and/or issued to the Department by any Federal/State/City agency, and recommend corrective action. PROCEDURE When a Department vehicle is involved in a collision: MEMBER OF THE SERVICE 1. 2. 3. Request ambulance, if necessary. Request operator, occupants and witnesses to remain pending arrival of patrol supervisor. a. Obtain name, address, home and business telephone numbers of persons involved and witnesses. Request patrol supervisor, precinct of occurrence, to respond. a. If not available, Communications Section will notify patrol supervisor, adjoining precinct to respond. If the operator of the Department vehicle is assigned to other than the precinct of occurrence, a supervisory officer of such member’s command, if available, will perform the tasks of the patrol supervisor. If the collision involves death, or serious injury to anyone, the precinct commander/duty captain will be the investigating supervisor. IN ALL CASES, THE FINAL AGENCY DETERMINATION WILL BE MADE BY THE COMMANDING OFFICER OF THE PRECINCT OF OCCURRENCE. NOTE 4. Prepare Report of Motor Vehicle Accident (MV104) in all cases. a. If incapacitated, the patrol supervisor will prepare the Report of Motor Vehicle Accident, in addition to other forms. NOTE The Police Department, the City Law Department, or their designee, will pursue claims against private entities which are at fault in Department vehicle collisions. Details concerning the cause of the collision including the names of witnesses favorable to the City will be carefully documented on Department forms. A summons will be issued to the operator of a private vehicle if the patrol supervisor determines it is appropriate. A SUMMONS WILL NOT BE ISSUED TO AN OPERATOR OF A DEPARTMENT VEHICLE. PATROL SUPERVISOR, PRECINCT OF OCCURRENCE 5. 6. 7. Respond to scene. Conduct investigation and interview person’s involved/witnesses. a. When collision involves death or serious injury, request persons involved/witnesses to remain pending arrival of precinct commander/duty captain. Notify desk officer and request response of precinct commander/duty captain, as necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-06 REVISION NUMBER: PAGE: 08/19/13 2 of 10 NOTE If preliminary investigation discloses that the driver committed a moving violation or if a fatality occurs, and the driver is a civilian member of the service required to have a Commercial Driver’s License (CDL), he/she will be required to submit to alcohol and drug testing. The desk officer concerned will contact the Medical Division, Monday through Friday, 0700 hours to 1600 hours, within one hour of the incident. All other times, contact the Medical Division Sick Desk. The desk officer will be informed as to the location where the member must be taken for drug and alcohol testing, and will comply with the instructions of the Medical Division supervisor. The member involved MUST remain available for drug and alcohol testing. Unless unavailability is the result of necessary emergency care, a member’s failure to be available will be considered a refusal to submit to alcohol and drug testing and will result in disciplinary or other appropriate action. PATROL SUPERVISOR, PRECINCT OF OCCURRENCE (continued) 8. 9. NOTE Notify the Operations Unit promptly, if a member of the service is injured and requires hospital treatment. a. An additional notification to the Operations Unit is also required before final reports are prepared to update Operations of the status of the injured member of the service. Prepare Police Accident Report (MV104AN) in quadruplicate. a. If injury is involved, include statement on Police Accident Report as to whether the airbag inflated and deployed, if applicable. b. Indicate if collision occurred when responding to an emergency. If so, state what warning devices were being used, e.g., siren, dome light, etc. c. Enter member’s command and address of that command under caption “Operator’s Address.” d. Print in large letters or type “POLICE INVOLVED” at top of form under caption “Police Accident Report.” e. Have two sets of Polaroid photographs taken of all Department vehicle collisions showing damage to all vehicles involved. If collision involves death or injury, photographs will be taken at scene, if possible. (1) Photographs will be secured in a Jewelry Security Envelope If a uniformed member of the service was operating a police vehicle during an “emergency operation” as defined by Section 114-b of the Vehicle Traffic Law, supervisors preparing the Police Accident Report (MV104AN) should enter a capital letter “P” in a circle next to the name of the Department vehicle operator near the top of the report and use the following text in the “Accident Description/Officer’s Notes” section of the MV104AN: “The collision occurred in a police vehicle owned /operated by the New York City Police Department while responding to an emergency situation.” Emergency operation as defined by Section 114-b of the Vehicle Traffic Law states “the operation, or parking, of an authorized emergency vehicle, when such vehicle is engaged in transporting a sick or injured person, transporting prisoners, delivering blood or blood products in a situation involving an imminent health risk, pursuing an actual or suspected violator of the law, or responding to, or working or assisting at the scene of an accident, disaster, police call, alarm of fire, actual or potential release of hazardous materials or other emergency. Emergency operation shall not include returning from such service.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-06 REVISION NUMBER: PAGE: 08/19/13 3 of 10 When completing Police Accident Report fill in each numbered box with the proper entry as determined from the corresponding code list on the cover sheet. If question does not apply, enter “dash” (-). If proper entry for any questions is unknown, enter an “X” in the corresponding box. NOTE (continued) PATROL SUPERVISOR, PRECINCT OF OCCURRENCE (continued) 10. Prepare and sign Report of Motor Vehicle Accident, Police Line of Duty Accident (MV104L). a. Attach completed form to Police Accident Report prior to forwarding. NOTE Failure to report a collision to the Commissioner of Motor Vehicles, by not forwarding a MV104L is a misdemeanor and shall constitute grounds for the suspension or revocation of the member of the service driver’s license. 11. Deliver one completed copy of Police Accident Report to operator of Department vehicle involved in collision. DESK OFFICER, PRECINCT OF OCCURRENCE 12. Notify patrol borough command of collision AND: a. Request response of duty captain, if death or serious injury is involved and precinct commanding officer is not available. b. Enter notification and borough collision number obtained in Telephone Record. MEMBER ON DUTY, PATROL BOROUGH OFFICE 13. Record in Borough Department Vehicle Collision Log: a. Date, time, precinct of occurrence, location, borough collision #, rank, name and command of supervisor preparing Police Accident Report. FAX consolidated daily Department Vehicle Collision reporting forms directly to the Personnel Safety Desk. a. Commanding officers will ensure that these reports are submitted no later than 0700 hours each day. Notify the precinct commander/duty captain to respond to scene of collision, if death or serious injury is involved. a. If precinct commander/duty captain is unable to respond notify available captain (or above) performing duty in borough. 14. 15. PRECINCT COMMANDER/ DUTY CAPTAIN 16. NOTE Determine justification of summons, if issued. If not justified, follow P.G. 209-18, “Summons Served or Prepared in Error.” 17. 18. NOTE Respond to scene of collision, if death or serious injury involved, conduct investigation, and review actions taken by patrol supervisor. Interview all persons involved in collision and witnesses. Prepare Part A of COLLISION REPORT - POLICE DEPARTMENT VEHICLE (PD301-153), personally. If the vehicle involved was issued by a Federal/State/City agency, the issuing agency and vehicle information will be recorded in the “Preliminary Statement of Investigating Supervisor” caption of the COLLISION REPORT-POLICE DEPARTMENT VEHICLE. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-06 REVISION NUMBER: PAGE: 08/19/13 4 of 10 PRECINCT COMMANDER/ DUTY CAPTAIN (continued) 19. NOTE If preliminary investigation reveals that Department vehicle operator was at fault, a statement describing member’s fault shall be included in the COLLISION REPORT POLICE DEPARTMENT VEHICLE. Any action taken by the recorder or omitted actions, will also be noted. 20. 21. Make a preliminary determination as to the cause of the collision and record on COLLISION REPORT - POLICE DEPARTMENT VEHICLE. a. Consider the actions taken by both the operator and recorder in determining cause of collision. Ensure that cause(s) of collision is correctly identified and recorded on both the Police Accident Report and COLLISION REPORT POLICE DEPARTMENT VEHICLE. Sign the completed COLLISION REPORT - POLICE DEPARTMENT VEHICLE and deliver to desk officer, precinct of occurrence. If vehicle collision does not involve a death or serious injury, steps 17 through 21 will be performed by the patrol supervisor, precinct of occurrence/operator’s immediate supervisor. NOTE DESK OFFICER, PRECINCT OF OCCURRENCE 22. Review the Police Accident Report prepared by the patrol supervisor. a. If collision involves death or injury, record under caption “Accident Description/Officer’s Notes” reviewed by name, rank, command, and sign. 23. Notify patrol borough office of name, rank and command of supervisor who prepared the COLLISION REPORT - POLICE DEPARTMENT VEHICLE. Notify Fleet Services Division and obtain Police Collision Serial Number. Enter serial number assigned prefaced by caption “Police Collision Serial Number,” at top of Police Accident Report. a. Enter serial number in designated box on COLLISION REPORT - POLICE DEPARTMENT VEHICLE. FAX both sides of the Police Accident Report, Report of Motor Vehicle Accident, Police Line of Duty Accident, and COLLISION REPORT - POLICE DEPARTMENT VEHICLE, immediately after serial numbers are obtained from the On Line Accident System, Fleet Services, and borough offices, without the final agency determination captions completed, to the Personnel Safety Desk, twenty four hours a day. No coversheet is necessary. a. During business hours (0700 x 1830 hours), desk officers will confirm receipt by calling the Personnel Safety Desk. If the transmission of reports cannot be completed, a photocopy of the reports will be left for the relieving desk officer to FAX on the next tour. Commands with inoperative FAX machines will utilize a FAX machine in the closest Department facility. It will be the desk officer’s responsibility to ensure that this information is expeditiously FAXED to the Personnel Safety Desk on the same tour in which the collision occurred, if possible. Desk officers 24. 25. 26. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-06 DESK OFFICER, PRECINCT OF OCCURRENCE (continued) REVISION NUMBER: PAGE: 08/19/13 27. 28. 29. 30. 5 of 10 will ensure, prior to FAXING, that the aforementioned reports are completed in a legible and accurate manner. Indicate on Police Accident Report, under caption, “Duplicate Copy Required For,” agencies that are to receive a copy of the Report. a. Enter command, if vehicle is permanently assigned to other than precinct of occurrence. Send Department vehicle involved in collision (even if no apparent damage) to borough service station with copy of Police Accident Report and set of collision photos attached. a. Do not place vehicle in service until inspected at service station. (1) Have speedometer tested before vehicle is used to enforce speed regulations. (2) Notify speedometer-testing station if vehicle will be out of service for an extended period. Attach copy of Police Accident Report to COLLISION REPORT POLICE DEPARTMENT VEHICLE and forward to precinct executive officer, with photographs, for endorsement. Forward original copy of Police Accident Report to Traffic Safety Officer for review and processing. PRECINCT EXECUTIVE OFFICER 31. NOTE When the vehicle operator being reviewed is above the rank of captain, the patrol borough executive officer will be the chairperson of the board. 32. Convene a Precinct Vehicle Collision Safety Review Board within twenty days of a vehicle collision and review collision report, photographs, and any related reports prepared. a. Have the Personnel Safety Desk contacted to ascertain the number of Department vehicle collisions in which the operator concerned has been involved. b. The Board will be composed of: Precinct executive officer (chairperson) Lieutenant platoon commander or special operations lieutenant Integrity control officer or assistant integrity control officer Precinct training sergeant Traffic safety officer or designee Peer member (rank of operator) Supervisor from operator’s command (if other than precinct of occurrence) Indicate Precinct Vehicle Collision Safety Review Board recommendation by completing Part B of COLLISION REPORT - POLICE DEPARTMENT VEHICLE. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-06 REVISION NUMBER: PAGE: 08/19/13 6 of 10 If the precinct executive officer is unavailable, the precinct commander shall be the chairperson of the board. NOTE Factors that led to determination and explanation of delays if board is not convened within 20 days of collision will be the subject of TRAFFICSTAT meetings. PRECINCT COMMANDER 33. 34. NOTE Ensure that the Precinct Collision Safety Review Board process was conducted properly and in a timely fashion, and complete Part C of COLLISION REPORT – POLICE DEPARTMENT VEHICLE, indicating Approval/Disapproval of the precinct executive officer’s recommendation. Endorse all reports. a. Forward white copy of COLLISION REPORT – POLICE DEPARTMENT VEHICLE, with photographs, copy of Police Accident Report, and any related reports, to Personnel Safety Desk within thirty days of the collision. b. Forward buff copy of COLLISION REPORT - POLICE DEPARTMENT VEHICLE, copy of Police Accident Report, and any related reports, to patrol borough office for review of information only. c. File pink copy of COLLISION REPORT - POLICE DEPARTMENT VEHICLE in operator’s Personal Folder. The commanding officer of the member concerned must review the COLLISION REPORT – POLICE DEPARTMENT VEHICLE, prior to having it filed in the operators personnel folder. d. NOTE File copies of all reports prepared at precinct, in chronological order, under the heading “Department Vehicle Collisions.” All Department vehicle collision cases, regardless of the command of the operator, will be heard at the precinct of occurrence by the Precinct Vehicle Collision Safety Review Board. In cases where the Department vehicle collision involved a member assigned to other than the precinct of occurrence, the precinct commander will notify the command/bureau of the member of the service involved that the command/bureau concerned MUST have a supervisor attend the Precinct Vehicle Collision Safety Review Board. Members of the service assigned to the Highway District will be exempted from going through the Precinct Vehicle Safety Review Board or attending PADTU retraining. When a member of the Highway District is involved in a Department vehicle collision, the Highway District will convene a Highway Vehicle Safety Review Board, and if it is deemed that the member needs retraining, the Highway Driver Training School will conduct the retraining. 35. 36. Implement disciplinary (or other) action, if warranted. Develop a collision reduction program for the command and report progress to the patrol borough command concerned. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-06 REVISION NUMBER: PAGE: 08/19/13 7 of 10 PATROL BOROUGH EXECUTIVE OFFICER 37. Be accountable for compliance with this procedure AND: a. Ensure timely convening of the Precinct Vehicle Collision Safety Review Board. b. Chair the Precinct Vehicle Collision Safety Review Board when member being reviewed is above the rank of captain. c. Ensure that final “at fault” determinations are accurately made AND recorded on the COLLISION REPORT – POLICE DEPARTMENT VEHICLE. d. Ensure that completed reports are forwarded to the Personnel Safety Desk within thirty days of the collision. e. Ensure that members found “at fault” are scheduled for AND attend re-training within ninety days (when appropriate). Names of members who require re-training should be forwarded to the Bureau Training coordinator so that training slots can be distributed appropriately. NOTE In those cases where the Precinct Vehicle Collision Safety Review Board was chaired by the borough executive officer, the patrol borough commanding officer will provide the review function outlined in step 37c above. ADDITIONAL DATA If Department vehicle operator is NOT assigned to precinct of occurrence, duplicate copies of all reports prepared will be forwarded to operator’s commanding officer. If Department vehicle involved in collision is not permanently assigned to precinct of occurrence, send duplicate copies of Police Accident Report and COLLISION REPORT - POLICE DEPARTMENT VEHICLE to commanding officer concerned. All Bureaus (OCCB, Transit, Housing, etc.,) should designate a supervisory member of the service to review reports involving members of their command. All Bureaus executive officers should review the semi-annual Department Vehicle Collision Summary report prepared by the Personnel Bureau and, where needed, develop appropriate collision reduction programs specific to their bureaus. Operators of Department vehicles involved in a collision are advised to stop the vehicle immediately; extinguish any cigarettes; utilize four-way flashers; raise the vehicle’s hood; and utilize flares or any other warning devices. The vehicle should be moved only if its location is hazardous and likely to cause additional collisions. When deemed appropriate, if collision involves death or injury, the responding precinct commander/duty captain may immediately direct that the operator and/or recorder not be assigned to duty in a Department vehicle, if such action is based upon his/her determination, after investigation at the scene. This immediate action, as well as any further action, will be subject to review by the member(s) precinct/unit commander. All proposed disciplinary action will be indicated on the COLLISION REPORT - POLICE DEPARTMENT VEHICLE as a recommendation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-06 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/19/13 8 of 10 If the need to interview a member of the service under the provisions of P. G. 206-13, “Interrogation of Members of the Service” becomes apparent and a serious violation is alleged or sufficient justification is present, although the violation is minor, a member will be permitted sufficient time to have a representative respond prior to start of interview. Members of the service who were involved in Department vehicle collisions in which it has been determined that the member’s driving ability was a contributory factor to the incident would benefit from the Driver Training Unit’s “Collision Retraining Course.” However, depending upon the circumstances, other corrective measures such as disciplinary action may be more appropriate. Therefore, to insure that only those members who would benefit are scheduled for retraining, the following guidelines are offered. Driver retraining should be implemented only if the operator of a Department vehicle is determined to be at fault due to a driving deficiency, based on factors such as: a. b. c. d. weather conditions which affect the road surface loss of control backing fender judgment e. f. g. h. mirror usage (vans) avoiding obstructions, debris, potholes braking turn negotiation The precinct/unit commander will be responsible for ensuring that appropriate individuals attend collision retraining within ninety days of the collision. These provisions will be strictly adhered to absent exigent circumstances, i.e., extended sick leave or other valid reasons preventing timely retraining. Commanding officers are reminded that the Driver Training Unit is a tool best utilized to improve a member’s overall driving performance. It should not be viewed as disciplinary action. The Commanding Officer, Driver Training Unit, is available to all commanders for conferral whether scheduling a specific member for retraining would be appropriate. New York State Vehicle and Traffic Law (Section 1104 A - V.T.L.) allows the driver of an authorized emergency vehicle, when involved in an emergency operation, to disregard regulations with certain conditions. These conditions include proceeding past a steady red signal, but only after slowing down as may be necessary for safe operation, or exceeding the maximum speed limits as long as life and property are not endangered. However, it should be noted that disciplinary action would be more appropriate than driver retraining for those members who are involved in vehicle collisions which occurred as a result of their unsafe disregard of such regulations, as opposed to the member merely having deficient driving skills. Report vandalism to a Department vehicle on Typed Letterhead to Fleet Services Division and deliver report to borough service station with vehicle. Commanding Officer, Personnel Safety Desk, will forward a copy of reports received to Police Academy, Driver Training School. Amounts of property damage sustained are often unable to be determined in a timely fashion, and whether an injury has in fact occurred, or will be claimed at a future date, is often undetermined. Therefore, investigating supervisors of uniformed members of the NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-06 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/19/13 9 of 10 service involved in a Department vehicle collision will prepare a MV104L. The MV104L will be prepared at the time of the collision and attached to the Police Accident Report (MV104AN) prior to forwarding. Civilian members of the service involved in a Department vehicle collision will prepare MV104. The MV104 will be prepared at the time of the collision and should the member of the service involved be incapacitated and unable to complete the form, the investigating supervisor will do so. (This is in addition to the Police Accident Report [MV104AN] prepared by the investigating supervisor). Failure to report a collision by a civilian member of the service to the Commissioner of Motor Vehicles, by not forwarding a copy of a MV104, is a misdemeanor and shall constitute grounds for the suspension or revocation of the member of the service driver’s license. In accordance with New York State Insurance Department Regulations, the operator of a Department vehicle may not be penalized (charged) by a private insurance company for a Department vehicle collision that occurred during the performance of duty. Likewise, insurance companies may not cancel a member of the service’s personal automobile insurance policy on the basis of such collisions. In the event that a member of the service’s private automobile insurance policy is surcharged, cancelled, or not renewed unjustifiably as a result of a Department vehicle collision, such member should notify his/her commanding officer. The commanding officer concerned will prepare an OFFICIAL LETTERHEAD (PD158-151) to the insurance company concerned, (see Sample). The member concerned should also contact: The New York State Insurance Department Consumer Services 160 West Broadway New York, New York 10013 SAMPLE (Date) (Rank) (Name) Commanding Officer (Pct.) (Street Address) (Insurance Company Name) (Street Address) (City, State) Re: (RANK, NAME OF MEMBER OF THE SERVICE INVOLVED) COLLISION (NUMBER) (DATE OF COLLISION) Dear Sir or Madam: I am the commanding officer of (Rank, Name of member of the service involved). This letter is to inform (Name of Insurance Company) that (Name of member of the service involved) is a member of the New York City Police Department, and that the above referenced collision occurred during the performance of his/her duty with the Police Department. Therefore, pursuant to New York State Insurance Regulation Section 169.1(d) (iv) of Title 11 of the NYCCRR, no surcharge may be imposed for the above referenced collision. Very truly yours, (Rank) (Name) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 217-06 DATE EFFECTIVE: 08/19/13 REVISION NUMBER: PAGE: 10 of 10 2RELATED PROCEDURES Vehicle Collisions – General Procedure (P.G. 217-01) Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury (P.G. 217-02) Accidents and Collisions - City Involved (P.G. 217-04) Collisions - Private Vehicles Authorized for Police Use (P.G. 217-07) Vehicle Pursuits (P.G. 212-39) Reporting Sick from Outside City and Outside Residence Counties (P.G. 205-02) Interrogation of Members of the Service (P.G. 206-13) Summons Served or Prepared in Error (P.G. 209-18) FORMS AND REPORTS COLLISION REPORT-POLICE DEPARTMENT VEHICLE (PD301-153) OFFICIAL LETTERHEAD (PD158-151) Police Accident Report (MV104AN) Report of Motor Vehicle Accident (MV104) Report of Motor Vehicle Accident, Police Line of Duty Accident (MV104L) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-07 COLLISIONS - PRIVATE VEHICLES AUTHORIZED FOR POLICE USE DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 4 PURPOSE To record and process vehicular collisions involving privately owned vehicles authorized for police use by members of the service (uniformed or civilian). PROCEDURE When involved in a collision while operating an authorized private vehicle in the performance of police duty: MEMBER OF THE SERVICE 1. 2. Notify precinct of occurrence. a. Request response of patrol supervisor. Prepare Report of Motor Vehicle Accident (MV104) in all cases. a. If incapacitated, the patrol supervisor will prepare the Report of Motor Vehicle Accident (MV104), in addition to other forms. PATROL SUPERVISOR, PRECINCT OF OCCURRENCE 3. 4. NOTE If preliminary investigation discloses that the driver committed a moving violation or if a fatality occurs, and the driver is a civilian member of the service required to have a Commercial Driver’s License (CDL), he/she will be required to submit to alcohol and drug testing. The desk officer concerned will contact the Medical Division, Monday through Friday, 0700 hours to 1600 hours, within one hour of the incident. All other times, contact the Medical Division Sick Desk. The desk officer will be informed as to the location where the member must be taken for drug and alcohol testing, and will comply with the instructions of the Medical Division supervisor. The member involved MUST remain available for drug and alcohol testing. Unless unavailability is the result of necessary emergency care, a member’s failure to be available will be considered a refusal to submit to alcohol and drug testing and will result in disciplinary or other appropriate action. 5. Respond to scene. Prepare Police Accident Report (MV104AN). a. Under caption “Operator’s Address,” enter member’s command and address of that command. b. Under caption “Duplicate Copy Required For,” check box marked “Office of Comptroller (City Involved)” and any other boxes that apply. c. If injury is involved, include statement on Police Accident Report as to whether the air bag inflated and deployed, if applicable. d. Have Polaroid photographs taken of collision showing damages to all vehicles involved. (1) If collision involves death or injury, photographs will be taken at scene, if possible. Furnish member involved in collision with two duplicated copies of Police Accident Report and set of collision photos for submission to Fleet Services Division and Deputy Commissioner - Management and Budget. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-07 REVISION NUMBER: PAGE: 08/19/13 2 of 4 PATROL SUPERVISOR, PRECINCT OF OCCURRENCE (continued) 6. NOTE If vehicle is inoperable, member is entitled to have vehicle removed by Department Tow to one location of choice, within New York City. PRECINCT COMMANDER Direct member concerned to: a. Obtain Police Collision Serial Number from Fleet Services Division and b. Bring vehicle, with copy of Police Accident Report and set of collision photos, to Fleet Services Division for inspection and estimate of damage. (1) If vehicle is inoperable, notify Fleet Services Division to send a qualified person to estimate damage. 7. Submit four copies of report, on Typed Letterhead, to precinct commander, summarizing collision and indicating any driving deficiency. 8. Investigate, if a deficiency was determined, and take appropriate disciplinary action. Endorse patrol supervisor’s report: a. If in doubt regarding member’s driving ability, request retesting and/or retraining by the Police Academy Driver Training Unit. b. Direct a record of collision be entered in the operator’s personal folder. c. Forward report, as follows: (1) Original - Chief of Department (2) Duplicate - Personnel Safety Desk (3) Triplicate - Deputy Commissioner - Management and Budget (4) Quadruplicate - Precinct file. 9. If member is not permanently assigned to precinct of occurrence, indicate on reverse side of Police Accident Report that a duplicated copy is required for member’s permanent command. Send copy of patrol supervisor’s report to commanding officer concerned. NOTE WHEN CLAIMING REIMBURSEMENT FROM THE CITY FOR DAMAGE TO PRIVATELY OWNED VEHICLES INCURRED IN THE LINE OF DUTY MEMBER OF THE SERVICE 10. Prepare report, in duplicate, on Typed Letterhead, addressed to Deputy Commissioner - Management and Budget, including: a. Time and date of occurrence. b. Description of incident, including a full description of auto: year, make, model, number of cylinders and registration. c. A copy of any entry made in other Department record(s), regarding particulars of collision, as appropriate. d. Statement that member is not claiming reimbursement for property damage from a private insurance carrier. e. Statement that upon receipt of reimbursement from the city, the member will assign to the city any rights to reimbursement for property damage arising from the incident. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-07 REVISION NUMBER: PAGE: 08/19/13 MEMBER OF THE SERVICE (continued) 11. NOTE If vehicle is inoperable only one outside estimate is required. 12. COMMANDING 13. OFFICER, MEMBER CONCERNED 14. 3 of 4 Obtain and attach to report: a. Damage estimates from two separate auto body collision repair shops b. Copy of Police Accident Report. Submit report, with attachments, to commanding officer. Investigate and endorse request, to include: a. Facts as stated in request. b. Whether member had authorization to use vehicle at time of incident. c. Existence of any other official record(s) covering date and time of occurrence. d. Recommendation to APPROVE/DISAPPROVE request. Forward report, with attachments, to commanding officer of next higher level of command. COMMANDING 15. 16. OFFICER, NEXT HIGHER 17. LEVEL OF COMMAND Review request and attachments. Indicate APPROVAL/DISAPPROVAL of request. Forward, through channels, to Deputy Commissioner - Management and Budget. DEPUTY 18. COMMISSIONER MANAGEMENT AND BUDGET Review request and attachments. a. Endorse to the Director, Fleet Services Division. 19. FLEET SERVICES DIVISION DEPUTY 20. COMMISSIONER 21. MANAGEMENT 22. AND BUDGET MEMBER OF THE SERVICE 23. 24. DEPUTY 25. COMMISSIONER MANAGEMENT 26. AND BUDGET Examine private vehicle of member concerned. a. Prepare an estimate of repairs b. Forward estimate with recommendations of amount to be paid to Deputy Commissioner - Management and Budget. Review request and recommendation. Determine reimbursement amount, if any. Prepare affidavit and assignment. a. Forward to member concerned requesting notarized signature. Sign and have notarized the affidavit and assignment form. Return to Deputy Commissioner - Management and Budget (DIRECT). Indicate APPROVAL or DISAPPROVAL, upon receipt of affidavit and assignment form. Return DISAPPROVED requests to requesting member by endorsement. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-07 REVISION NUMBER: PAGE: 08/19/13 DEPUTY 27. COMMISSIONER MANAGEMENT AND BUDGET (continued) 4 of 4 Forward APPROVED request with affidavit to Audits and Accounts Unit for payment processing. a. Forward two copies of approved payments eligible for subrogation to Deputy Commissioner - Legal Matters. 28. Process reimbursement payments approved by Deputy Commissioner Management and Budget. DEPUTY 29. COMMISSIONER LEGAL 30. MATTERS Review reimbursement payments forwarded by Deputy CommissionerManagement and Budget. Determine if cases should be forwarded to the appropriate city agency for the recovery of reimbursements paid by the Department (subrogation). AUDITS AND ACCOUNTS UNIT ADDITIONAL DATA Vandalism to vehicles will be reported to the Fleet Services Division, on Typed Letterhead, and delivered with the vehicle to that unit. The Police Department will not bear responsibility for any personal items stolen from the vehicle or damaged in the collision. RELATED PROCEDURE Private Vehicles Authorization (A.G. 325-14) FORMS AND REPORTS Police Accident Report (MV104AN) Report of Motor Vehicle Accident (MV104) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-08 AIRCRAFT ACCIDENTS DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 1 PURPOSE To determine the cause of, and record data concerning aircraft accidents. PROCEDURE On arrival at the scene of an aircraft accident follow P.G. 216-01, “Aided Cases General Procedure,” and in addition: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. DESK OFFICER 6. Request patrol supervisor to respond. Notify the desk officer. Detain pilot and aircraft. Safeguard evidence until examined by authorized personnel. Advise the owner or pilot of his responsibility to report the accident to the desk officer within ten hours and that failure to do so is a misdemeanor. Notify: a. Detective squad concerned b. Operations Unit c. Duty captain d. Borough office. SUPERVISING OFFICER IN COMMAND 7. Prepare and forward report of unusual occurrence with two extra copies for Commanding Officer, Special Operations Division. NOTE An authorized investigator, FAA or Aviation Unit, determines the cause of the accident, supplies the necessary information to the detective concerned and recommends the release of the pilot and the plane when feasible. FORMS AND REPORTS UNUSUAL OCCURRENCE REPORT (PD370-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-09 DIRECTED ACCIDENT RESPONSE PROGRAM (D.A.R.P.) DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 4 PURPOSE To direct the response of designated tow trucks, through the Communications Section, to the scene of vehicular collisions, for vehicles which the reporting member deems unsafe to be driven, except that an operator of a vehicle with a gross vehicle weight of fifteen thousand pounds or more may choose their own company to respond. SCOPE This procedure does not include collisions occurring in tunnels, on bridges, or arterial highways serviced by franchised towing companies under permits issued by Department of Transportation (see P.G. 212-08, “Activity Logs”). Additionally, Administrative Code Section 20-524, Subdivision “c,” exempts any governmental agency from the operation of this law. Therefore, when a government vehicle is damaged in a collision, the operator of the vehicle may call his or her own tow service. Pertinent provisions of the Administrative Code applicable to the Directed Accident Response Program state: a. Section 20-518 (a) (3) - All participants in the program shall maintain a business premises that is under exclusive control of the participant, is not used by any other towing company and is the premises listed on such participant’s license to engage in towing. Such premises shall consist of a location that is open to the public, where towing company personnel are employed, calls requesting towing service are received and towers dispatched, and where all records required by this subchapter or any rules promulgated thereunder are maintained. b. Section 20-518 (b) - The vehicle removed from the collision scene at the direction of the Police Department shall be removed by a tow truck of a company participating in the Directed Accident Response Program. At all times the vehicle shall be stored within such storage facility as listed on the license of the towing company responding to the Police Department’s direction to remove the vehicle. Such premises shall be owned, operated or controlled by such towing company and shall not be used by any other towing company. PROCEDURE Upon arrival at a collision scene: UNIFORMED MEMBER OF THE SERVICE 1. NOTE Once the uniformed member makes a determination that a tow truck is needed, the request may not be cancelled. 2. Comply with pertinent provisions of P.G. 217-01, “Vehicle Collisions – General Procedure.” Ascertain if vehicle(s) can be safely driven, or if towing is required using reasonableness as a standard. a. Operators of government vehicles or vehicles with a maximum gross vehicle weight of fifteen thousand pounds or more may use their own tow company. b. A uniformed member may authorize the removal of a vehicle which cannot be safely driven if the owner/operator is incapacitated, is not present, or refuses to authorize the tow. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-09 REVISION NUMBER: PAGE: 08/19/13 2 of 4 UNIFORMED MEMBER OF THE SERVICE (continued) 3. NOTE DO NOT TRANSMIT THE MAKE, MODEL OR YEAR OF THE DISABLED VEHICLE(S) INVOLVED IN A COLLISION. COMMUNICATIONS SECTION DISPATCHER 4. NOTE The Directed Accident Response Program operator at the Communications Section will maintain a list of tow companies participating in each zone and will make notifications on a strict rotation basis. PRECINCT COMMANDS ARE NOT AUTHORIZED TO MAKE NOTIFICATIONS. UNIFORMED MEMBER OF THE SERVICE 6. 5. 7. NOTE Notify Communications Section dispatcher when towing service is needed. a. The notification will include the color, body type and plate number(s) of the vehicle(s) requiring a tow. Inform uniformed member at the scene of the name of the towing company responding. Dispatch patrol supervisor. Allow only the tow truck dispatched by the Communications Section to remove vehicle(s), except: a. Where motorist(s) indicates that a private towing company will be requested and the vehicle involved has a gross vehicle weight of fifteen thousand pounds or more. b. Arrest evidence vehicles c. Vehicles held as investigatory evidence d. Vehicles subject to the Rotation Tow Program as stolen or abandoned e. Government vehicles. Remain on scene for thirty minutes after radio dispatcher advises which tow company is responding. If the assigned tow company is not on the scene within thirty minutes of being assigned by the Communications Section, the uniformed member will request the Communications Section to cancel the initially requested tow company and assign the next tow company in the rotation. The uniformed member will prepare a REPORT OF VIOLATION (PD672-151) for the tow company that was cancelled and advise the dispatcher when resuming patrol. The Communications Section Dispatcher will enter the appropriate final disposition code to indicate the unit has departed the collision scene prior to the arrival of the DARP tow operator (Code Signal 10-99T9). 8. Inform motorist(s) involved of name of tow company responding. a. Supply the motorist(s) involved with the telephone number of the Directed Accident Response Program operator and instruct the motorist(s) to call after thirty minutes, if the tow truck has not arrived. Inform the motorist to be prepared to give the Directed Accident Response Program operator both the vehicle plate number and the location of the collision. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-09 PAGE: 08/19/13 UNIFORMED MEMBER OF THE SERVICE (continued) 9. PATROL SUPERVISOR 11. 12. 10. 13. DESK OFFICER 14. NOTE REVISION NUMBER: 3 of 4 Enter tow company information on Police Accident Report (MV104AN) only when the vehicle is towed and the tow company is known. Comply with the following, if an unsolicited tow truck arrives or is found at the scene: a. If there is probable cause to believe that a tow operator has traveled enroute to, or responded to the collision scene without having a specific request for service from a person in charge of either a government vehicle or a vehicle with a maximum gross vehicle weight of fifteen thousand pounds or more or from the Police Department, issue summons for violation of Administrative Code, Section 20-518(b)(2) (unsolicited response by tow operator). (1) Prepare a REPORT OF VIOLATION. b. In those cases where there is probable cause to believe that a tow operator has solicited any of the involved parties, issue an additional summons for violation of Administrative Code, Section 20-515, subdivision (b) (soliciting for towing at the scene of a vehicular collision). This also applies to persons soliciting at a collision scene from a private vehicle. (1) Include this additional information on the REPORT OF VIOLATION. c. Seize any unlicensed tow truck which is observed either, (1) responding to a collision scene, or (2) parked in the vicinity of the collision while the operator of the tow truck is observed offering to tow a vehicle with the tow truck, or (3) present at the collision scene (see P.G. 209-29, “Seizure of Unlicensed Tow Trucks”). Respond to location and supervise the removal of involved vehicles. Supervise the issuance of summonses to tow truck operators when summonses are issued. Insure the preparation of REPORT OF VIOLATION when warranted. a. If a witness advises that a tow company removed a vehicle from the scene prior to the officer’s arrival have REPORT OF VIOLATION prepared. Include witness’ name, address and telephone number, if obtained. Direct reporting officer to have information regarding a vehicle which is towed without the owner/operator’s knowledge (e.g., operator unconscious and removed to hospital, no operator with vehicle, vehicle was parked and is now impeding traffic, etc.) entered into the FINEST system utilizing the “IMPOUND” screen. a. Ensure that notification is sent to registered owner of vehicle. If inquiry is made at stationhouse and information is not available through FINEST System “IMPOUND” screen, call DARP operator for vehicle’s location. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-09 REVISION NUMBER: PAGE: 08/19/13 DESK OFFICER 15. 16. (continued) 17. 4 of 4 Review and sign REPORT OF VIOLATION. Assign precinct serial number to REPORT OF VIOLATION. Have REPORT OF VIOLATION forwarded to Department of Consumer Affairs, Licensing Enforcement Section, 42 Broadway, New York, New York 10004. The tow truck dispatched by the Directed Accident Response Program will possess, and must present for inspection, a “Tow Authorization” form that must include a Department of Consumer Affairs license number. The tow trucks and tow operators must be licensed by the Department of Consumer Affairs. ADDITIONAL DATA Uniformed members advising the radio dispatcher of a final disposition from the scene of a collision must utilize one of the following disposition codes as it pertains to that particular collision situation: a. 10-99T4 Vehicle Collision (No tow required) b. 10-99T5 Vehicle Collision (D.A.R.P. tow service) c. 10-99T6 Vehicle Collision (Other tow service) d. 10-99T7 Vehicle Collision (D.A.R.P. and other tow service) e. 10-99T8 Vehicle Collision (Highway-authorized tow service) f. 10-99T9 Vehicle Collision (D.A.R.P. requested, waited thirty minutes, made second request, resumed patrol) The following violations of Department of Consumer Affairs regulations will be entered under “Additional Information” on REPORT OF VIOLATION: a. UNJUSTIFIABLE REFUSAL to accept towing assignments (1) Violation - Article XI, subdivision F (DARP) b. REPEATED UNJUSTIFIABLE REFUSALS to accept towing assignments (1) Violation - Article XI, subdivision L (DARP). (List times and dates of such refusals). Uniformed members of the service will refrain from using any other final disposition code when a vehicle collision is involved EXCEPT if upon arrival, the vehicle(s) is not at the scene and there is no information available concerning how it was removed. In this instance, Code Signal 10-90Z [Gone on Arrival] will be utilized. RELATED PROCEDURES Vehicle Collisions – General Procedure (P.G. 217-01) Seizure of Unlicensed Tow Trucks (P.G. 209-29) FORMS AND REPORTS Police Accident Report (MV104AN) REPORT OF VIOLATION (PD672-151) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-10 ACCIDENTS - DEPARTMENT PROPERTY DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 1 PURPOSE To report damage to Department property other than Department vehicles. PROCEDURE Upon discovery of damaged property: UNIFORMED MEMBER OF THE SERVICE 1. DESK OFFICER 2. Report facts to desk officer and make ACTIVITY LOG (PD112-145) entry. Have patrol supervisor investigate facts and prepare report, including: a. Date and time of occurrence b. Details c. Department property involved d. Damage to other property e. Owner of that property f. Action g. Witnesses h. Brief description of injury. PATROL SUPERVISOR 3. Submit report to command clerk. COMMAND CLERK 4. Type report on Typed Letterhead (four copies). a. Submit to desk officer/counterpart. DESK OFFICER 5. 6. Have patrol supervisor sign report. File one copy of report and forward three copies, direct, as follows: PROPERTY Booths, buildings Horses Aircraft, launches TO Deputy Commissioner - Management & Budget, Facilities Management Division Mounted Unit Special Operations Division RELATED PROCEDURES Department Vehicle Collisions (P.G. 217-06) FORMS AND REPORTS ACTIVITY LOG (PD112-145) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-11 ACCIDENTS - NEW YORK CITY HOUSING AUTHORITY INVOLVED DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 1 PURPOSE To assist the New York City Housing Authority in processing cases in which the New York City Housing Authority may be a plaintiff or defendant. DEFINITION N.Y.C.H.A. INVOLVED - ALL accidents involving serious injury or death, or an aided case which may involve the Housing Authority in legal action. PROCEDURE When it is determined that the New York City Housing Authority may be involved in legal action, comply with normal aided or accident procedures and in addition: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. DESK OFFICER 4. 5. Prepare FIELD REPORT (PD313-1511). Ensure that FIELD REPORT contains: a. Contributory conditions of areas, i.e., no lights in stairwell, rubbish on stairs, broken sidewalk, icy condition, etc., OR b. Non-contributory conditions of area, i.e., stairwell well lighted, dry, no obstructions noted, sidewalk dry and clear of obstructions, etc. Telephone PSA desk officer and report all pertinent details of the incident. Make determination as to the severity of the incident and in appropriate cases, make the following notifications: a. During business hours, Monday through Friday, notify the manager of the Housing Authority location concerned, when appropriate, AND forward copies of all reports prepared to the New York City Housing Authority, Law Department Tort Division, 75 Park Place, 11th Floor, New York, New York 10007. b. After business hours and on holidays and weekends, notifications will be made in accordance with subdivision “a” above, by the desk officer on the next business day following the incident. Make appropriate Command Log entry of notification, including name of person notified. Notifications with respect to serious injury or death incurred as a result of a criminal action shall be excluded from the provisions of this procedure. ADDITIONAL DATA Copies of all reports, including ACCIDENT REPORT - CITY INVOLVED (PD301-155) if prepared, will be forwarded to the Housing Authority Insurance Division for informational purposes (see P.G. 217-04, “Accidents and Collisions - City Involved”). It is not unusual for claims to arise in favor of the Housing Authority in certain accidents. It is the policy of the Housing Authority to pursue such claims. Members of the service at the scene of an accident involving the Housing Authority, will detail circumstances which may support claims by the Housing Authority against private entities. Additionally, members will obtain names and addresses of witnesses at the scene, including potential witnesses favorable to the Housing Authority. Full cooperation with the Housing Authority or the New York City Law Department in pursuing these claims is mandatory. RELATED PROCEDURES FORMS AND REPORTS Accidents and Collisions - City Involved (P.G. 217-04) ACCIDENT REPORT - CITY INVOLVED (PD301-155) FIELD REPORT (313-1511) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-12 NOTIFICATIONS - CERTAIN ACCIDENT CASES DATE ISSUED: DATE EFFECTIVE: 08/19/13 REVISION NUMBER: PAGE: 08/19/13 1 of 1 PURPOSE To notify concerned agencies in certain accident cases. PROCEDURE Upon being informed of any of the following types of accidents: DESK OFFICER 1. 2. Notify Operations Unit direct if incident involves: a. Bridge, on, near or affecting dock, affecting structure b. Explosives, vehicle transporting c. Police signal box damaged (also notify Communications Section) d. Railroad, other than subway e. Sprinkler system inoperative f. Tunnel, in or affecting g. Construction site, serious injury or death h. Elevator, escalator or amusement ride, serious injury or death and there is an apparent or actual malfunction or defect in the equipment. Notify the agency direct if incident involves: Building, affecting structure Department of Buildings (see ADD’L DATA) Bus, MTA N.Y.C. Transit Crane Department of Buildings (see ADD’L DATA) Elevator Department of Buildings (see ADD’L DATA) Fire alarm box or post damaged Fire Dept., Borough Fire Headquarters Housing, persons requiring shelter Dept. of Social Services Scaffold Department of Buildings (see ADD’L DATA) ADDITIONAL DATA Subway N.Y.C. Transit The New York City Department of Buildings can be notified twenty-four hours a day, seven days a week, through the Office of Emergency Management’s (OEM) Watch Command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-13 PREPARING, AMENDING, AND RELEASING POLICE ACCIDENT REPORTS (MV 104AN) TO INVOLVED PARTIES APPEARING IN PERSON AT A POLICE FACILITY DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 4 PURPOSE To minimize the means by which any involved party, that has an interest in a motor vehicle collision which has occurred, can commit insurance fraud. DEFINITION INVOLVED PARTY- Any party/person(s) having an interest in a motor vehicle collision which has occurred. This would include, but is not limited to, the following: motorists, passengers, property owners (whose property is damaged as a result of the collision), an executor or administrator of the estate, next of kin, or insurance beneficiary of person killed in the collision, the parent or guardian of a minor involved in the collision, spouses, insurance company representatives, dependents in a Worker’s Compensation claim, and attorneys. PROCEDURE When an involved party appears in person at a police facility and requests that a Police Accident Report (MV104AN) be prepared, amended, or released for a collision which occurred within the last thirty days: DESK OFFICER 1. 2. Interview and verify identification of party requesting copy of Police Accident Report. a. Verify that check/money order is properly prepared. Direct involved party to traffic safety officer/assigned uniformed member of the service in order to proceed with request. TRAFFIC SAFETY OFFICER/ ASSIGNED UNIFORMED MEMBER OF THE SERVICE 3. NOTE No request will be honored without a current, valid form of picture identification. In addition to picture identification, an attorney must also present a notarized letter signed by the party concerned, stating that he/she is being represented by the attorney. 4. 5. 6. Ask involved party requesting copy of Police Accident Report: a. To prepare REQUEST FOR COPY OF COLLISION RECORD (PD301-165) b. When and where collision occurred, and c. To present a current, valid form of picture identification (driver’s license, passport, etc.). Inform person concerned that a ten dollar non-refundable fee is required. Make: a. Two photocopies of Police Accident Report b. One photocopy of involved party’s picture identification. Ensure that copies of Police Accident Report are correct. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-13 TRAFFIC SAFETY OFFICER/ ASSIGNED UNIFORMED MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 08/19/13 7. 8. 2 of 4 Collect fee, drawn to the order of “Police Department, City of New York,” on one of the following instruments: a. Certified check b. Bank teller’s check c. United States Postal Money Order d. Personal check (1) Signed by requestor (2) Not post dated e. Corporate check. Prepare FEE RECEIPT (PD122-017). If involved party opts to file a REQUEST FOR COPY OF COLLISION RECORD by mail, instruct them on what valid form of identification must be included with their request in order to receive a copy of a Police Accident Report. Any mail request not accompanied by a photocopy of a current, valid form of picture identification, i.e. driver’s license, passport, etc. and a self-addressed stamped envelope, will be returned. When the request is received along with a valid form of identification and the appropriate fee (check or money order only), place the FEE RECEIPT and a copy of Police Accident Report in self addressed stamped envelope and mail to requestor. NOTE 9. 10. DESK OFFICER 11. 12. Indicate the following on REQUEST FOR COPY OF COLLISION RECORD: a. Name of person receiving copy of Police Accident Report b. Type of check/money order used and number c. FEE RECEIPT number. Submit REQUEST FOR COPY OF COLLISION RECORD, FEE RECEIPT, and collected fee to the desk officer. Verify collected fee is payable to the order of “Police Department, City of New York,” and ensure proper preparation of FEE RECEIPT. Sign caption on REQUEST FOR COPY OF COLLISION RECORD verifying inspection of collected fee. NOTE The Integrity Control Officer will check a minimum of fifteen file copies of the REQUEST FOR COPY OF COLLISION RECORD on a quarterly basis to ensure collected fees were verified by a supervisor. Additionally, these checks will become part of the command’s self inspection system. TRAFFIC SAFETY OFFICER/ ASSIGNED UNIFORMED MEMBER OF THE SERVICE 13. 14. Give one copy of Police Accident Report along with FEE RECEIPT and copy of REQUEST FOR COPY OF COLLISION RECORD to requestor. Staple to the original REQUEST FOR COPY OF COLLISION RECORD: a. Photocopy of Police Accident Report b. Photocopy of picture identification with Police Accident Report number written on the top right hand corner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-13 REVISION NUMBER: PAGE: 08/19/13 3 of 4 TRAFFIC SAFETY OFFICER/ ASSIGNED UNIFORMED MEMBER OF THE SERVICE (continued) 15. 16. NOTE Requests for Police Accident Reports from other governmental agencies conducting official business will NOT be subject to a fee. 17. a. DESK OFFICER 18. File chronologically on a daily basis. Affix the imprint of the precinct rubber stamp on the back of check/ money order and complete necessary captions. Give collected fee to desk officer. Indicate “NO FEE” and the agency’s name on the REQUEST FOR COPY OF COLLISION RECORD. Forward collected fees to operations coordinator. OPERATIONS COORDINATOR 19. Have fee safeguarded pending delivery to patrol borough command as detailed in P.G. 212-82, “Forwarding of Fees to Audits and Accounts Unit.” INTEGRITY CONTROL OFFICER 20. Ensure that fee is properly collected and forwarded to patrol borough command. ADDITIONAL DATA Uniformed members of the service are required by law to complete a Police Accident Report and investigate the facts whenever any person(s)/party appears at a police facility and reports the following: ANY COLLISION which: a. Results in serious injury or death to a person must be investigated in accordance with P.G. 217-02, “Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury.” b. Results in injury to a person and the motor vehicle collision in question is being reported within five days after such collision c. Involves a commercial vehicle where the damage incurred is disabling enough to result in a vehicle being towed from the collision scene and the motor vehicle collision in question is being reported within five days after such collision. Regarding the above circumstances, if the criteria as stated are met, the person(s)/party requesting the completion of a Police Accident Report will be referred to the command where the collision took place. ONLY A UNIFORMED MEMBER OF THE SERVICE (UMOS) will prepare a Police Accident Report. The UMOS concerned will ask to view the vehicle in question (if available), and interview those claiming to be party to the collision (if present), before completing the Police Accident Report. In ALL cases, the UMOS must note in the “Accident Description/Officer’s Notes” section of the Police Accident Report”, whether or not they had the opportunity to actually view the vehicle or interview the person(s) involved in the collision. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 217-13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 4 of 4 Any person(s)/party appearing in person at a police facility and requesting initial preparation of a Police Accident Report for a collision that does not meet the above criteria, shall instead be given a copy of New York State Department of Motor Vehicles Report of Motor Vehicle Accident (MV104) to complete and submit on their own. ADDITIONAL DATA (continued) Any person(s)/party appearing in person at a police facility and requesting that a Police Accident Report be completed for them, where property damage to a vehicle or personal injury is involved, and the operator of one of the vehicles has fled the scene without reporting, will be referred to the command where the collision occurred (see P.G. 21705, “Leaving the Scene of a Collision”). A uniformed member of the service is not mandated to amend a previously completed Police Accident Report upon request by any person(s)/party appearing in person at a police facility. The uniformed member may elect to do so if: a. In their discretion a change is warranted and b. He/she is the officer of record. Absent these criteria the member can recommend that the requesting party complete Report of Motor Vehicle Accident (MV104) and submit to the Accident Records Bureau in Albany (address on rear of form). If a Police Accident Report is amended by the uniformed member of the service the caption at the top of the form, “AMENDED REPORT” must be checked. Requests for Police Accident Reports made after thirty days should be made directly to the New York State Department of Motor Vehicles, Public Service Bureau, Empire State Plaza, Albany, New York 12228, utilizing New York State Department of Motor Vehicles form, “Request for Copy of Accident Report.” Person making the request will be given whatever information is necessary to complete the form at no charge. RELATED PROCEDURES Forwarding of Fees to Audits and Accounts Unit (P.G. 212-82) Vehicle Collisions – General Procedure (P.G. 217-01) Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury (P.G. 217-02) Leaving the Scene of a Collision (P.G. 217-05) FORMS AND REPORTS FEE RECEIPT (PD122-017) REQUEST FOR COPY OF COLLISION RECORD (PD301-165) Police Accident Report (MV104AN) New York State Department of Motor Vehicles-Report of Motor Vehicle Accident (MV104) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-14 PREPARATION OF POLICE ACCIDENT REPORTS (MV 104 AN) FOR COLLISIONS OCCURRING ON HIGHWAYS, BRIDGES AND TUNNELS DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 2 PURPOSE To ensure that the appropriate reference marker numerals/letters are utilized when preparing a Police Accident Report (MV104AN). PROCEDURE Upon notification or observation of a vehicle collision occurring on limited access highways, collector-distributor roadways (CDRs), entrance and exit ramps, and bridges and tunnels (Metropolitan Transportation Authority facilities, Brooklyn and Williamsburg Bridges, etc.): UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. Comply with P.G. 217-01, “Vehicle Collisions - General Procedure.” Locate the nearest reference marker to the collision site for collisions occurring on highways, CDRs, and ramps only. Utilize and refer to the Limited Access Highway Reference Marker Listing book (maintained at each command) to determine the proper reference marker: a. For collisions occurring on bridges or in tunnels (1) The Limited Access Highway Reference Marker Listing (maintained at each command) must be used for reporting collisions occurring on bridges and in tunnels. Reference markers (if any) actually posted on bridges or in tunnels near a collision site will not be entered on Police Accident Reports. b. In instances where a reference marker is missing, cannot be seen due to inclement weather, etc. Enter the numerals/letters taken from the reference marker near the collision site or the Limited Access Highway Reference Marker Listing book as appropriate, into the twelve box caption titled “Reference Marker” on the Police Accident Report (see “ADDITIONAL DATA”). COMMAND CLERICAL STAFF MEMBER 5. 6. Record collision into the On-Line Accident Index. Enter reference marker numerals/letters on the “ADD ACCIDENT” screen in the caption titled “IF HIGHWAY OR BRIDGE, ENTER REFERENCE MARKER”. TRAFFIC SAFETY OFFICER 7. 8. 9. Review all Police Accident Reports for completeness and accuracy. Ensure “Reference Marker” caption is completed when required. Update On-Line Accident Index. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 217-14 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 2 of 2 INCLUSION OF REFERENCE MARKER ON POLICE ACCIDENT REPORT ADDITIONAL DATA The 9 inch x 8 inch green-colored Reference Marker depicted below is located every one-tenth of a mile on limited access highways, collector-distributor roadways, and entrance and exit ramps: 9 0 7 N B 5 C 1 4 C 0 3 Twelve box “Reference Marker” caption as seen on Police Accident Report: RELATED PROCEDURES Traffic Safety Officer (P.G. 202-28) Vehicle Collisions - General Procedure (P.G. 217-01) FORMS AND REPORTS Police Accident Report (MV104AN) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-15 COLLISION REPORT - POLICE DEPARTMENT VEHICLE DATA ENTRY SYSTEM DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 2 PURPOSE To provide a means to more effectively and clearly document Department vehicle collisions and provide the Personnel Safety Desk and Traffic-Stat with data in an expeditious manner. SCOPE Traffic Safety Officers will be able to enter data from any Intranet-capable terminal within their command. All of the information necessary to complete the data entry can be found on the COLLISION REPORT – POLICE DEPARTMENT VEHICLE (PD301-153) and the Police Accident Report (MV-104AN). PROCEDURE When a collision occurs involving a vehicle owned, leased, or rented by the Department, the Traffic Safety Officer in the precinct of occurrence will enter all pertinent information into the database as follows: PRECINCT TRAFFIC SAFETY OFFICER 1. NOTE It is the responsibility of the Traffic Safety Officer to obtain copies of reports involving members of the service not assigned to the precinct of occurrence as well as all reports involving rented and leased vehicles as set forth in P.G. 217-06, “Department Vehicle Collisions.” 2. 3. 4. 5. Obtain copies of reports relating to all Department vehicle collisions occurring within the geographical confines of the precinct. Login to the Department’s Intranet “Department Vehicle Accident Database.” Enter all data from Parts “A” and “B” of the COLLISION REPORT – POLICE DEPARTMENT VEHICLE and data from the Police Accident Report within seventy-two hours of the collision, without waiting for final agency determination. Coordinate efforts with Commanding Officer to obtain agency final determination within thirty days of the collision. Enter data from Part “C” of the COLLISION REPORT – POLICE DEPARTMENT VEHICLE including agency final determination into database within thirty days of the collision. DESK OFFICER 6. PRECINCT OF OCCURRENCE Fax all reports prepared regarding Department vehicle collisions to the Personnel Safety Desk, as indicated in P.G. 217-06, “Department Vehicle Collisions.” 7. Ensure that the endorsed copies of all reports are forwarded to the Personnel Safety Desk, Patrol Borough concerned and placed in the member’s personal folder, as indicated in P.G. 217-06, “Department Vehicle Collisions.” PRECINCT COMMANDER NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-15 REVISION NUMBER: PAGE: 08/19/13 2 of 2 NOTE In addition to the steps outlined in this procedure, members of the service will continue to comply with the procedures required for Department Vehicle Collisions as set forth in P.G. 217-06, “Department Vehicle Collisions.” All questions concerning the Police Department Vehicle Data Entry System may be directed to the Personnel Bureau-Staff Services Section, during normal business hours. ADDITIONAL DATA All information captured on the COLLISION REPORT – POLICE DEPARTMENT VEHICLE will be entered into the Intranet Database, as well as the following data from the Police Accident Report. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Pedestrian/Bicyclist/Location Pedestrian/Bicyclist/Action Traffic Control Light Conditions Roadway Character Weather Apparent Contributing Factors Direction of Vehicle Pre-accident Vehicle Action Location of First Event Type of Accident-Collision with: Collision Type: If a question DOES NOT APPLY, a dash (-) will be entered in the database. If an answer is UNKNOWN, an (X) will be entered in the database. RELATED PROCEDURES Department Vehicle Collisions (P.G. 217-06) FORMS AND REPORTS Police Accident Report (MV-104AN) COLLISION REPORT – POLICE DEPARTMENT VEHICLE (PD301-153) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-16 CHEMICAL TEST WARRANT APPLICATION DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 5 PURPOSE To apply for a chemical test warrant. DEFINITION CHEMICAL TEST WARRANT – A Court Order and process directing medical personnel to draw blood from a person suspected of driving while under the influence of alcohol or drugs while causing serious physical injury or death to another individual, in order to determine the alcoholic or drug content of the person’s blood. A chemical test warrant will be applied for if a prisoner, arrested for Driving While Intoxicated involving a vehicle collision resulting in serious physical injury or death to another individual, has refused to submit to a chemical test or is unconscious and has been under arrest for more than two hours without being subjected to a chemical test. PROCEDURE When a uniformed member of the service has reasonable cause to believe that a person, suspected of operating a vehicle while under the influence of alcohol or drugs, is involved in a collision resulting in serious physical injury or death to another individual, and has refused to submit to a chemical test, or is unconscious and has been under arrest for more than two hours without having been subjected to a chemical test: PATROL SUPERVISOR 1. Request Communications Section to dispatch Highway District personnel to designated testing location or hospital, as appropriate. DESK OFFICER, PRECINCT OF ARREST 2. Contact Operations Unit and request a notification be made to District Attorney’s Office. Provide Operations Unit member with the following: a. Arresting officer’s name, tax registry number, shield number and command b. Prisoner’s pedigree information c. Desk telephone number of designated testing location. Make Telephone Record entry regarding notification. 3. 4. OPERATIONS UNIT MEMBER 5. 6. 7. ARRESTING OFFICER 8. Notify appropriate District Attorney’s Office. Provide assistant district attorney with the following: a. Arresting officer’s name, tax registry number, shield number, and command b. Desk telephone number of designated testing location c. Prisoner’s pedigree information. Notify desk officer, precinct of arrest and provide assistant district attorney’s name and telephone number. Notify desk officer, precinct of arrest, if one hour has passed and assistant district attorney has not initiated contact at designated testing location. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-16 REVISION NUMBER: PAGE: 08/19/13 2 of 5 DESK OFFICER, PRECINCT OF ARREST 9. Contact assistant district attorney supervisor and Operations Unit, if one hour has passed and assistant district attorney has not conferred with arresting officer. a. Record phone call attempt(s) in Telephone Record b. Contact assistant district attorney supervisor every thirty minutes thereafter until assistant district attorney has been contacted. ARRESTING OFFICER 10. 11. Inform assistant district attorney of details of arrest. Comply with instructions of assistant district attorney regarding arrest process. Complete all necessary arrest paperwork, as per P.G. 217-02, “Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury” and P.G. 208-40, “Intoxicated or Impaired Driver Arrest.” Complete CHEMICAL TEST WARRANT APPLICATION (PD374-041). 12. 13. To apply for a chemical test warrant, the member of the service concerned must be able to articulate to the assistant district attorney and to the judge that he/she has reasonable cause to believe the defendant: a. Operated a vehicle and during said operation, b. Killed or caused a serious physical injury to another individual, c. Was intoxicated or impaired by alcohol or drugs, d. Is under arrest, and e. Has refused a chemical test, or is unconscious and has been under arrest for more than two hours without having been subjected to a chemical test. NOTE Members of the service are reminded that if an operator suffers a serious physical injury and no other person suffers a serious physical injury or death, a chemical test warrant can not be applied for that operator. I.D.T.U. TECHNICIAN 14. 15. 16. NOTE Respond to designated testing location or hospital, as appropriate. Prepare and sign Report of Refusal to Submit to Chemical Test (NYSDMV AA-134), when applicable. a. Have arresting officer sign Report of Refusal to Submit to Chemical Test. Distribute copies of Report of Refusal to Submit to Chemical Test as indicated on form. a. Arresting officer must bring two copies for the assistant district attorney when the complaint is drawn. If prisoner refuses to submit to chemical test or any portion thereof, maintain the initial charge for which the prisoner was arrested unless new evidence warrants a change in charge. The arresting officer must be able to articulate circumstances which led to original charge of Intoxicated or Impaired Driving (e.g., witnessed prisoner operating vehicle, slurred speech, odor of alcohol on breath, etc.). After arraignment, the court will forward to the arresting officer a NOTICE OF SUSPENSION and/or NOTICE OF HEARING form with instructions to appear at a designated date, time and place for a hearing, which will be within fifteen days of the arraignment. Roll call personnel will schedule the arresting officer accordingly. 17. Supply arresting officer with chemical test evidence kit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-16 REVISION NUMBER: PAGE: 08/19/13 3 of 5 UPON APPROVAL OF CHEMICAL TEST WARRANT APPLICATION DESK OFFICER, TESTING LOCATION 18. ARRESTING OFFICER 20. 19. 21. 22. 23. DESK OFFICER, TESTING LOCATION 24. Provide transportation for arresting officer and prisoner to designated hospital for administration of chemical test. Make Command Log entry consisting of the following: a. Arresting officer name and shield b. Prisoner’s pedigree information c. Department auto number of the vehicle used for transport d. Time of transport. Upon arrival, inform and submit chemical test warrant and chemical test evidence kit to hospital personnel. Notify assistant district attorney and Operations Unit, if hospital personnel do not comply with chemical test warrant. Comply with instructions of assistant district attorney. Comply with P.G. 218-49, “Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME),” upon receiving chemical test evidence kit. Ensure prisoner is transported to borough court section facility or designated testing location to complete arrest processing, as appropriate. IF CHEMICAL TEST WARRANT APPLICATION IS DENIED ARRESTING OFFICER 25. 26. Inform desk officer of testing location of CHEMICAL TEST WARRANT APPLICATION denial. Comply with assistant district attorney instructions regarding continuation of arrest processing. DESK OFFICER, TESTING LOCATION 27. 28. Make Command Log entry regarding chemical test warrant application denial. Ensure prisoner is transported to borough court section facility. ADDITIONAL DATA If prisoner has been removed from the scene of incident to the hospital and is unconscious, the arresting officer will request the Communications Section to dispatch Highway District personnel to respond to the hospital and deliver the chemical test evidence kit. Any chemical samples taken by hospital personnel will be witnessed, sealed, and marked by Highway District personnel and delivered to the Police Laboratory by the arresting officer to ensure chain of custody. Members are reminded that if more than two hours have elapsed since arrest, and the unconscious prisoner has not been subjected to a chemical test, a chemical test warrant must be obtained. Members of the service are reminded that the Legal Bureau is available for assistance and guidance regarding the application for a chemical test warrant, Monday through Friday, 0700 to 2300 hours. After hours, members may contact the Operations Unit for a notification to a Department Attorney. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 217-16 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 4 of 5 RELATED PROCEDURES Intoxicated or Impaired Driver Arrest (P.G. 208-40) Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury (P.G. 217-02) Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME) (P.G. 218-49) FORMS AND REPORTS CHEMICAL TEST WARRANT APPLICATION (PD374-041) Report of Refusal to Submit to Chemical Test (NYSDMV AA-134) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-16 REVISION NUMBER: PAGE: 08/19/13 5 of 5 APPENDIX “A” (SAMPLE COURT ORDERED CHEMICAL TEST WARRANT) [CRIMINAL OR SUPREME] COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO ANY POLICE OFFICER IN THE CITY OF NEW YORK Proof by affidavit having been made this day before me by Officer [NAME], Shield # [NUMBER], of [COMMAND and DEPARTMENT] (i) that there is reasonable cause to believe that [NAME OF DEFENDANT] blood contains evidence of drug or alcohol use, in violation of Vehicle and Traffic Law 1192 YOU ARE THEREFORE COMMANDED, at any hour of the day or night, to compel the defendant to submit to a chemical test pursuant to Vehicle and Traffic Law Section 1194(3); and that it is further ORDERED that a person authorized, pursuant to § 1194 of the V.T.L. withdraw a sufficient amount of blood from the defendant, for the purpose of conducting a chemical test of the alcohol or drug content of that blood; and it is further ORDERED that the testing be conducted on the defendant’s blood sample for the purpose of determining the presence of drugs or alcohol; and it is further ORDERED that the defendant shall submit to the withdrawal of blood sufficient for a chemical test of the alcohol or drug content of his/her blood and that any reasonable degree of force necessary to effect this order may be used; and it is further ORDERED that the property seized may be maintained in the care and custody of the New York City Police Department and or its agents, including the Office of the Chief Medical Examiner. ______________________________ Judge of the Criminal/Supreme Court Dated: __________________ NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Vehicle Collisions Procedure No: 217-17 BICYCLE COLLISIONS – GENERAL PROCEDURE DATE ISSUED: 09/04/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/04/13 1 of 3 PURPOSE To record bicycle only and bicycle/pedestrian collisions not involving a motor vehicle. DEFINITION BICYCLE – Every two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by pre-teenage children. CRITICAL INJURY – A critical injury will be determined based upon the onscene assessment of Emergency Medical Services (EMS) personnel. PROCEDURE When a collision involving a bicycle only or a bicycle and pedestrian occurs: UNIFORMED MEMBER OF THE SERVICE 1. PATROL SUPERVISOR 3. Ensure compliance with Patrol Guide 217-02, “Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury,” if collision resulted in death, serious injury and likely to die, or critical injury to an individual. UNIFORMED MEMBER OF THE SERVICE 4. Prepare Police Accident Report (MV104AN): a. Write “NO VEHICLE” on the top of Police Accident Report. b. Enter information concerning operator of bicycle in section captioned “Vehicle 1.” (1) Enter the name and address of the bicycle rental company in the applicable registration information captions, if a rental bicycle is involved. c. Enter “BIKE” for bicycle or “PCAB” for pedicabs in “Vehicle Type” caption d. Enter information of additional party involved (e.g., bicyclist, pedestrian, pedicab, etc.) (1) Enter pedicab Department of Consumer Affairs License number in “Driver License ID Number” caption on Police Accident Report, if applicable. (2) Enter pedicab registration number in “Plate Number” caption on Police Accident Report, if applicable. e. Enter injured person(s) information (e.g., bicyclist(s), pedestrian(s), pedicab(s), etc.) in the “ALL INVOLVED” section of the Police Accident Report, boxes “A through F” f. Draw a straight line through every unused box in the “ALL INVOLVED” section and initial it 2. Render reasonable aid to injured person. a. Request an ambulance, if necessary. Request patrol supervisor to respond if collision resulted in death, serious injury and likely to die, or critical injury to an individual. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-17 UNIFORMED MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 09/04/13 2 of 3 g. 5. 6. 7. Enter name and address of injured person(s) in Section “A” on reverse side of Police Accident Report under caption “Persons Killed or Injured in Accident.” Comply with Patrol Guide 216-03, “Unidentified Persons,” if person injured is unidentified. Check box captioned “Other City Agency,” under section entitled, “Duplicate Copy Required For” on rear of Police Accident Report, if necessary, and enter: a. MISSING PERSONS SQUAD (MEDICAL EXAMINER’S LIAISON UNIT) - If person killed as a result of a bicycle collision NOT involving a motor vehicle. b. HIGHWAY DISTRICT COLLISION INVESTIGATION SQUAD - If person killed, seriously injured and likely to die, or critically injured as a result of a bicycle collision NOT involving a motor vehicle. c. DEPARTMENT OF CONSUMER AFFAIRS - If pedicab licensed by Department of Consumer Affairs is involved in a collision. Sign completed Police Accident Report and deliver to desk officer. C.O./DUTY CAPTAIN/PDS/ HIGHWAY DISTRICT MEMBERS CONCERNED 8. Comply with Patrol Guide 217-02, “Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury,” as applicable, if notified to respond by patrol supervisor pursuant to a bicycle collision resulting in death, a serious injury and likely to die, or critical injury to an individual. COMMAND CLERK 9. 10. Notify relatives/friends if person injured is admitted to hospital. Make required entries in the Automated Accident Index utilizing FINEST or Local Area Network (LAN) terminals for Police Accident Reports. a. The Accident Number will include the prefix “NV” indicating no vehicle was involved. DESK OFFICER 11. Review related reports (Police Accident Report, COMPLAINT REPORT, if prepared, etc.) for accuracy and completeness. Comply with Patrol Guide 216-03, “Unidentified Persons,” if person injured is unidentified. 12. TRAFFIC SAFETY OFFICER 13. 14. Review all Police Accident Reports. a. In absence of traffic safety officer, a uniformed member of the service authorized by the commanding officer will review Police Accident Reports. Forward reviewed Police Accident Reports to training sergeant for signature. a. Inform training sergeant of any deficiencies. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 217-17 REVISION NUMBER: PAGE: 09/04/13 3 of 3 TRAINING SERGEANT 15. Sign all Police Accident Reports and return them to traffic safety officer. a. Ensure any deficiencies on Police Accident Reports are addressed accordingly. TRAFFIC SAFETY OFFICER 16. 17. Forward copies marked “Duplicate Copies For” to appropriate unit/agency. Maintain a command file entitled “BICYCLE – NO MOTOR VEHICLE INVOLVED” and store original Police Accident Reports for three calendar years. ADDITIONAL DATA Uniformed members of the service will utilize an additional Police Accident Report, if necessary, to document further information (e.g., multiple injured persons/bicyclists, collision description/officer notes, etc.). Members will ensure that the caption “Page _ of _ Pages” located in the upper left corner of the Police Accident Report is properly completed. Pending arrival of an ambulance, the uniformed member should allow a sick/injured person to be treated by a doctor, emergency medical technician or paramedic, if person volunteers his/her services, AND the uniformed member reasonably believes the volunteer is a professional. The medical attention should take place, if possible, under the observation of the member concerned. When the emergency situation is under control, request identification from volunteer, including name and address, and record information in ACTIVITY LOG (PD112-145) and under “Details” in Police Accident Report. The volunteer’s role is limited to providing medical assistance ONLY. Determination regarding removal procedures via ambulance, Medevac, etc., will be determined by Emergency Medical Service personnel. RELATED PROCEDURES Vehicle Collisions – General Procedure (P.G. 217-01) Unidentified Persons (P.G. 216-03) Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury (P.G. 217-02) FORMS AND REPORTS ACTIVITY LOG (PD112-145) Police Accident Report (MV104AN) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-01 INVOICING PROPERTY – GENERAL PROCEDURE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To record and process property coming into police custody. DEFINITIONS PROPERTY CATEGORIES - Arrest Evidence, DNA Arrest Evidence, Investigatory, DNA Investigatory, Forfeiture, Decedent’s Property, Found Property, Safekeeping, Peddler Property, Determine True Owner, Parking Enforcement, Photo Release, Rotation Tow, Other. PROPERTY TYPE - Firearms, Controlled Substances, Currency, Jewelry, Vehicles/Boats, General Property, Evidence Collection Kits/Swabs, Explosives. PROCEDURE Upon taking property into custody, in addition to any other special procedures: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. 8. Enter circumstances and description of property in ACTIVITY LOG (PD112-145). Notify desk officer. a. If property is a vehicle unable to be driven, inform desk officer to request authorized tow/rotation tow, as appropriate. Prepare a PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). a. Comply with instructions in the Property and Evidence Tracking System. Notify Stolen Property Inquiry Section to cancel or transmit an alarm, as necessary. Notify owner, if known. Cancel alarm for stolen vehicle only after owner takes possession or vehicle has been removed to Property Clerk facility or rotation tow storage facility. Enter notifications and results of inquiries on WORKSHEET. Deliver property and completed WORKSHEET to desk officer of command of record. DESK OFFICER 9. 10. Review WORKSHEET for accuracy. Submit approved WORKSHEET to command clerk for entry into the Property and Evidence Tracking System. 11. Enter WORKSHEET into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). Record time and name of FINEST operator who transmitted alarm cancellation on appropriate INVOICE, if applicable. COMMAND CLERK 12. UNIFORMED MEMBER OF THE SERVICE 13. 14. Ensure all property is properly tagged, packaged or sealed, and clearly identified by INVOICE number and barcode. Ensure that every bag/security envelope or item that can not fit in a bag/security envelope, has a Property and Evidence Tracking System barcoded label affixed to the upper right hand corner or a Property Clerk Division seal attached to the bag/property. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-01 UNIFORMED MEMBER OF THE SERVICE (continued) PAGE: 08/01/13 2 of 3 a. 15. DESK OFFICER 16. 17. 18. 19. 20. ADDITIONAL DATA REVISION NUMBER: Affix the Property and Evidence Tracking System bar-coded label to the upper right hand corner of windshield of all automobiles/boats. Digitally sign INVOICE verifying accuracy and completeness. Review and digitally sign INVOICE verifying accuracy and completeness. Photocopy INVOICE and forward, direct, to the Commanding Officer, Firearms and Tactics Section, if item being invoiced is a bullet resistant garment. Ensure property is properly stored and location is entered into the Property and Evidence Tracking System utilizing the Property and Evidence Tracking System barcode scanner when available. a. Manually enter storage location if barcode scanner is unavailable. Safeguard property until properly disposed of. Telephone New York State Tax Office for pickup of property owned by Division of Lottery. DO NOT send to Property Clerk. OPERATIONAL CONSIDERATIONS A separate PROPERTY CLERK INVOICE will be prepared for each of the following: a. Different property types b. Different property categories c. Different owners d. Property that will be delivered to different locations (e.g., Police Laboratory, Property Clerk, Bomb Squad, OCME, etc.). When preparing a PROPERTY CLERK INVOICE where the items invoiced will be sent or have the potential to be sent to the Police Laboratory for laboratory analysis, the INVOICE will not exceed twenty line items. Uniformed members of the service who do not have a username and/or password and members of other police agencies will sign PROPERTY CLERK INVOICE utilizing the digital signature device. When a vehicle removed by the Sanitation Department or invoiced by this Department has obvious fire damage, the invoicing member will notify Fire Department borough dispatcher; however no COMPLAINT REPORT (PD313-152) will be prepared. A Fire Marshal will determine if arson occurred and prepare a COMPLAINT REPORT, if necessary. To avoid confusion, do not use the terms “pairs” or “sets” when invoicing property (e.g., a “pair” of trousers, scissors, etc., refers to one item while a “pair” of shoes, gloves, etc., refers to two items). The term “set” (e.g., chess set, golf set, etc.) does not specifically indicate how many items within the “set.” Therefore, when invoicing property, the actual number of items will be entered in the box captioned “quantity” on the INVOICE and no reference will be made to “pairs” or “sets.” When members of the service are invoicing items due to a large scale/bulk seizure (arrest related) or investigatory/operational purchases (UC or CI) and there are two or more cases/boxes which contain several items, the invoicing member will ensure a Property and Evidence Tracking System bar-coded label is affixed to the upper right corner of each case/box as well as the INVOICE number related to the bar-coded label. The invoicing member will ensure that the actual number of items contained in each case/box is properly entered on the INVOICE. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-01 FORMS AND REPORTS DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT 3 of 3 PATROL GUIDE Section: Property - General Procedure No: 218-02 RETURN OF PROPERTY/VEHICLES AT COMMAND AND PROCESSING VOIDED PROPERTY INVOICES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To return all property listed on an invoice to legal claimant at a command and process voided property invoices. PROCEDURE When all property listed on an invoice is returned to legal claimant at the command or when processing voided invoices: DESK OFFICER 1. 2. 3. 4. 5. 6. 7. Require the claimant to produce valid identification, preferably photo identification. (See P.G. 208-28, “Identification Standards for Desk Appearance Tickets”, step “1”, for examples of satisfactory forms of valid identification.) Check property/vehicle against PROPERTY CLERK INVOICE (PD521-141). Request claimant examine security lead seal and/or Plastic Security Envelope and check against number entered on INVOICE (if seal or envelope is used), prior to breaking seal or opening envelope. Complete the “Release/Disposition – Return To Owner” function utilizing the Property and Evidence Tracking System. a. Have claimant sign for item(s) utilizing the digital signature capture device. Ensure alarm has been canceled and a notation has been made on INVOICE utilizing the Property and Evidence Tracking System. Approve delivery of property/vehicle utilizing username and password. Release property/vehicle to claimant. VOIDED PROPERTY INVOICES: DESK OFFICER 8. 9. INTEGRITY CONTROL OFFICER 10. DESK OFFICER 11. Utilize the “Void Invoice” function, if INVOICE has not been approved by a supervisor. Notify the integrity control officer (ICO) to void INVOICE, if INVOICE has been approved by a supervisor. a. Create a new INVOICE and enter into the “Remarks” section the number of the INVOICE to be voided by the ICO, if ICO is unavailable. Inform ICO of new INVOICE number, when he/she is next available. Utilize the “Void Invoice” function. a. Enter reason for voiding in the “Remarks” section. b. Cross-reference the new INVOICE number, if applicable. Print an updated version of voided INVOICES and INVOICES that have been returned to owner (R.T.O.) at the command and file in precinct of record, as follows: a. PROPERTY CLERK INVOICES will be maintained in designated files in INVOICE number order with photocopy of claimant’s identification, and/or related documents (i.e., District Attorney’s Release, etc.) if any, attached. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-02 DESK OFFICER (continued) ADDITIONAL DATA REVISION NUMBER: PAGE: 08/01/13 b. 2 of 2 All other copies may be discarded. OPERATIONAL CONSIDERATIONS Most mistakes or errors on INVOICES should be corrected utilizing the “Update Invoice” function instead of the “Void Invoice” function in the Property and Evidence Tracking System. Once an INVOICE has been approved by a supervisor, the INVOICE can only be voided by the integrity control officer of the command where the property is physically located. If a pre-printed serial numbered PROPERTY CLERK INVOICE or PROPERTY CLERK’S MOTOR VEHICLE/BOAT INVOICE (PD571-147), prepared prior to the implementation of the Property and Evidence Track System, is to be voided, mark the INVOICE “VOIDED” and file the INVOICE at the command. The property listed on the “VOIDED” pre-printed serial numbered INVOICE will then be invoiced utilizing the Property and Evidence Tracking System. Commanding officer concerned will investigate circumstances of missing INVOICES and take appropriate action. When an investigation is being conducted, property invoiced pertaining to the case will not be released to a claimant without authorization of investigating officer. Stamped or perforated currency will never be returned to a claimant or deposited in the Property Clerk’s account in any bank under any circumstances. This currency will be forwarded to the Property Clerk who will arrange for reimbursement of the claimant. Each July, the operations coordinator will ensure that the previous calendar year’s filed INVOICES are placed in a box, labeled to identify contents, and forwarded to the Property Clerk’s warehouse where they will be maintained for the remainder of the retention period (six years). RELATED PROCEDURES Invoicing Property - General Procedure (P.G. 218-01) Identification Standards for Desk Appearance Tickets (P.G. 208-28) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) PROPERTY LOG (PD521-147) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-03 DELIVERY OF PROPERTY OTHER THAN VEHICLE/BOAT TO PROPERTY CLERK DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 PURPOSE To forward invoiced property to Property Clerk. PROCEDURE When property is to be delivered to Property Clerk. 1 of 2 PROPERTY DELIVERED TO PROPERTY CLERK BY COMMAND MESSENGER: DESK OFFICER 1. Utilize the Property and Evidence Tracking System to create a PROPERTY TRANSFER REPORT (PD521-1412). a. Assign a member of the service to be the command messenger. 2. Compare PROPERTY CLERK INVOICES (PD521-141) against property for completeness and accuracy. Digitally sign PROPERTY TRANSFER REPORT if no discrepancies. COMMAND MESSENGER 3. IF DISCREPANCIES EXIST: 4. Notify desk officer if any item listed on the PROPERTY CLERK INVOICES is missing. DESK OFFICER 5. Conduct immediate investigation and notify commanding officer/duty captain and Internal Affairs Bureau (IAB) Command Center when any item listed on PROPERTY CLERK INVOICE is missing. Ensure IAB Log Number is entered in the “Remarks” section of the PROPERTY CLERK INVOICE. COMMAND MESSENGER 6. IF DISCREPANCIES NO LONGER EXIST OR HAVE BEEN CORRECTED: COMMAND MESSENGER 7. Deliver property to appropriate Property Clerk storage facility. MEMBER OF THE SERVICE, PROPERTY CLERK DIVISION 8. Compare property delivered against PROPERTY TRANSFER REPORT and INVOICE and, if accurate, confirm acceptance of property in the Property and Evidence Tracking System. Notify immediate supervisor, Property Clerk Division integrity control officer and Internal Affairs Bureau, if any item listed on PROPERTY CLERK INVOICES or PROPERTY TRANSFER REPORT is missing. Ensure IAB Log Number is entered in the "Remarks" section of the PROPERTY CLERK INVOICE utilizing the Property and Evidence Tracking System, when IAB has been notified of any discrepancy. Select appropriate rejection reason in the Property and Evidence Tracking System and return property to forwarding command with command messenger, if applicable. Approve receipt of delivery utilizing username and password under PROPERTY TRANSFER REPORT, if property is accepted. 9. 10. 11. 12. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-03 COMMAND MESSENGER REVISION NUMBER: PAGE: 08/01/13 13. DESK OFFICER 14. 15. 2 of 2 Return property to desk officer, if applicable. Accept transfer of rejected property utilizing the Property and Evidence System. Have necessary corrections made for any returned property. a. Have investigation conducted, if appropriate. INTEGRITY CONTROL OFFICER 16. Verify that all property not forwarded to the Property Clerk or Police Laboratory is accounted for and adequately secured at command. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS If there are additional items which were not originally listed on a PROPERTY CLERK INVOICE, the additional items will be invoiced separately and cross-referenced to the original related INVOICE utilizing the related invoice function in the Property and Evidence Tracking System. It is important to note that the member of the service assigned and listed on a PROPERTY TRANSFER REPORT as the command messenger within the Property and Evidence Tracking System, must be the member of the service who transfers and delivers the property to the Property Clerk Division. RELATED PROCEDURES Invoicing Property - General Procedure (P.G. 218-01) Return of Property/Vehicles at Command And Processing Voided Property Invoices (P.G.218-02) FORMS AND REPORTS PROPERTY TRANSFER REPORT (PD521-1412) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-04 DELIVERY OF EVIDENCE TO THE POLICE LABORATORY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 11 PURPOSE To provide a standard procedure for the delivery of evidence from a precinct, PSA and transit district command to the Police Laboratory. DEFINITIONS CRIMINALISTICS EVIDENCE - Trace evidence (e.g., hair, fiber, paint, gun shot residue), questioned document evidence, footwear evidence, tire tread evidence, toolmark evidence, fingerprint evidence and any other forensic evidence that is not Firearms/Firearms related evidence, Controlled Substances/Marijuana evidence or DNA evidence. PROCEDURE When Firearms/Firearms related evidence and/or Controlled Substances/Marijuana evidence and/or DNA evidence and/or Criminalistics evidence is present at a precinct, PSA and transit district command: DESK OFFICER 1. 2. Notify the patrol borough prior to 0030 hours that Firearms/Firearms related evidence, and/or Controlled Substances/Marijuana evidence, and/or DNA evidence, and/or Criminalistics evidence is being delivered to the patrol borough. Designate a uniformed member of the service to be the Command Messenger; and, to deliver Firearms/Firearms related evidence, and Controlled Substances/Marijuana evidence, and DNA evidence, and Criminalistics evidence from the precinct, PSA and transit district command to the patrol borough. FIREARMS AND FIREARMS RELATED EVIDENCE DESK OFFICER 3. 4. 5. Remove ALL Firearms/Firearms related evidence from the property locker/room. Ensure the following are attached to each Firearms/Firearms related evidence container/package: a. Copy of the OMNIFORM computer generated COMPLAINT REPORT (PD313-152) or, if unavailable, a copy of the COMPLAINT REPORT WORKSHEET (PD313-152a) b. REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) c. Appropriate copies of PROPERTY CLERK INVOICE (PD521-141) d. FINEST printout for each firearm. Create a PROPERTY TRANSFER REPORT (PD521-1412) utilizing the Property and Evidence Tracking System to ensure all Firearms/ Firearms related evidence is appropriately entered in compliance with Department procedures. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-04 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 6. (continued) 7. 8. 9. 10. 2 of 11 Compare each Firearms/Firearms related evidence container/package to each associated/related PROPERTY CLERK INVOICE and to each associated/related PROPERTY TRANSFER REPORT. a. Ensure all Firearms/Firearms related evidence is properly accounted for. Ensure ALL Firearms/Firearms related evidence was removed from the property locker/room. Place all Firearms/Firearms related evidence in a SEPARATE transparent bag together with all associated/related forms, reports, records, etc. Seal each transparent bag containing Firearms/Firearms related evidence with a plastic Property Clerk Division Seal. a. Enter each Property Clerk Division seal number in the PROPERTY LOG (PD521-147) to account for each seal used. Safeguard each transparent bag containing Firearms/Firearms related evidence at the precinct, PSA and transit district desk until transported to the patrol borough by the command messenger. CONTROLLED SUBSTANCES/MARIJUANA EVIDENCE DESK OFFICER 11. 12. 13. 14. 15. 16. 17. 18. Remove the security lead seal from the Controlled Substances/Marijuana locker/safe. Enter in the Command Log the serial number of the security lead seal removed from the Controlled Substances/Marijuana locker/safe. Remove ALL narcotic security envelopes and ALL other Controlled Substances/Marijuana evidence containers/packages from the Controlled Substances/Marijuana locker/safe. Lock Controlled Substances/Marijuana locker/safe and affix a new security lead seal. Enter in the Command Log the serial number of the new security lead seal affixed to the Controlled Substances/Marijuana locker/safe. a. Make entry in the PROPERTY LOG to account for new security lead seal. Ensure the following are attached to each Controlled Substances/Marijuana evidence container/package: a. Appropriate copies of PROPERTY CLERK INVOICE b. If applicable, a copy of all associated/related ON LINE BOOKING SYSTEM ARREST WORKSHEETS. Ensure appropriate copies of PROPERTY CLERK INVOICE are attached to each Controlled Substances/Marijuana evidence container/package. Create a PROPERTY TRANSFER REPORT, utilizing the Property and Evidence Tracking System to ensure all Controlled Substances/Marijuana evidence is appropriately entered in compliance with Department procedures. a. Contact the Police Laboratory’s Evidence Control Supervisor prior to the delivery of hypodermic needles, large seizures of marijuana, large containers containing liquids, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-04 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 19. (continued) 20. 21. 22. 3 of 11 Compare each Controlled Substances/Marijuana evidence container/package to each associated/related PROPERTY CLERK INVOICE and to each associated/related PROPERTY TRANSFER REPORT. a. Ensure all Controlled Substances/Marijuana evidence is properly accounted for. Place all Controlled Substances/Marijuana evidence in a SEPARATE transparent bag along with all associated/related forms, reports, records, etc. Seal each transparent bag containing Controlled Substances/Marijuana evidence with a plastic Property Clerk Division Seal. a. Enter each Property Clerk Division Seal Number in the PROPERTY LOG to account for each Property Clerk Division seal used. Safeguard each transparent bag containing Controlled Substances/Marijuana evidence at the precinct, PSA and transit district desk until transported to the patrol borough by the command messenger. DNA EVIDENCE DESK OFFICER 23. 24. 25. 26. 27. 28. 29. Remove ALL DNA evidence including Sexual Offense Evidence Collection Kits from the property locker/room. Ensure the following are prepared and attached to each DNA evidence container/package: a. Copy of the COMPLAINT REPORT WORKSHEET or, if available, a copy of the OMNIFORM computer generated COMPLAINT REPORT b. REQUEST FOR LABORATORY EXAMINATION REPORT c. Appropriate copies of PROPERTY CLERK INVOICE d. If applicable, a copy of all associated/related ON LINE BOOKING SYSTEM ARREST WORKSHEETS. Create a PROPERTY TRANSFER REPORT, utilizing the Property and Evidence Tracking System to ensure all DNA evidence is appropriately entered in compliance with Department procedures. Compare each DNA evidence container/package to each associated/related PROPERTY CLERK INVOICE and to each associated/related PROPERTY TRANSFER REPORT. a. Ensure all DNA evidence is properly accounted for. Ensure ALL DNA evidence was removed from the property locker/room. Place all DNA evidence in a SEPARATE transparent bag along with all associated/related forms, reports, records, etc. Seal each transparent bag containing DNA evidence with a plastic Property Clerk Division Seal. a. Enter each Property Clerk Division Seal Number in the PROPERTY LOG to account for each Property Clerk Division seal used. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-04 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 30. (continued) 31. 4 of 11 Affix an orange bio-hazard sticker on each transparent bag containing DNA evidence. Safeguard each transparent bag containing DNA evidence at the precinct, PSA and transit district desk until transported to the patrol borough by the command messenger. CRIMINALISTICS EVIDENCE DESK OFFICER 32. 33. 34. 35. 36. 37. 38. 39. Remove ALL Criminalistics evidence from the property locker/room. Ensure the following are prepared and attached to each Criminalistics evidence container / package: a. Copy of the COMPLAINT REPORT WORKSHEET or, if available, a copy of the OMNIFORM computer generated COMPLAINT REPORT b. REQUEST FOR LABORATORY EXAMINATION REPORT c. Appropriate copies of PROPERTY CLERK INVOICE d. If applicable, a copy of all associated/related ON LINE BOOKING SYSTEM ARREST WORKSHEETS. Create a PROPERTY TRANSFER REPORT, utilizing the Property and Evidence Tracking System to ensure all Criminalistics evidence is appropriately entered in compliance with Department procedures. Compare each Criminalistics evidence container/package to each associated/related PROPERTY CLERK INVOICE and to each associated/related PROPERTY TRANSFER REPORT. a. Ensure all Criminalistics evidence is properly accounted for. Ensure ALL Criminalistics evidence was removed from the property locker/room. Place all Criminalistics evidence in a SEPARATE transparent bag along with all associated/related forms, reports, records, etc. Seal each transparent bag containing Criminalistics evidence with a plastic Property Clerk Division Seal. a. Enter each Property Clerk Division Seal Number in the PROPERTY LOG to account for each seal used. Safeguard each transparent bag containing Criminalistics evidence at the precinct, PSA and transit district desk until transported to the patrol borough by the command messenger. IN ALL CASES DESK OFFICER 40. Make an entry in Command Log including a. All PROPERTY CLERK INVOICE numbers b. Rank, name and tax # of the command messenger c. Department vehicle # of the assigned vehicle d. The total number of transparent bags being delivered to the designated patrol borough delivery location e. Plastic Property Clerk Division Seal Number on each transparent bag. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-04 COMMAND MESSENGER REVISION NUMBER: PAGE: 08/01/13 41. 42. DESK OFFICER 43. 5 of 11 Compare all PROPERTY TRANSFER REPORTS against Property Clerk Division seals. Digitally sign PROPERTY TRANSFER REPORTS. Digitally sign PROPERTY TRANSFER REPORTS. COMMAND MESSENGER 44. Immediately deliver all of the transparent bags direct to the designated patrol borough delivery location. PATROL BOROUGH MEMBER 45. Inspect EACH transparent bag, and ensure: a. Each transparent bag delivered to the patrol borough by each command is properly listed on the appropriate PROPERTY TRANSFER REPORT b. Each transparent bag that is listed on each PROPERTY TRANSFER REPORT was delivered to the patrol borough c. If accurate, confirm acceptance of PROPERTY TRANSFER REPORTS in Property and Evidence Tracking System. Print completed PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) for each PROPERTY TRANSFER REPORT accepted, and provide to command messenger. Select appropriate rejection reason in the Property and Evidence Tracking System, if property is not accepted. a. Create a PROPERTY TRANSFER REPORT from the patrol borough to the appropriate precinct, PSA or transit district and forward to command with command messenger. 46. 47. COMMAND MESSENGER 48. Deliver each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT to the desk officer. DESK OFFICER 49. File each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT. TRANSFERS FROM PATROL BOROUGH TO POLICE LABORATORY PATROL BOROUGH MESSENGER 50. Create separate PROPERTY TRANSFER REPORT utilizing the Property and Evidence Tracking System for all Firearms/Firearms related evidence, Controlled Substances/Marijuana evidence, DNA evidence, and Criminalistics evidence and digitally sign PROPERTY TRANSFER REPORT. a. Ensure that each PROPERTY TRANSFER REPORT does not contain more than three commands in order to expedite the intake process at the Police Laboratory. b. Utilize the reusable nylon mesh bags provided by the Property Clerk Division to bundle several transparent bags, if necessary. (1) Upon completion of delivery, return nylon mesh bags to patrol borough. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-04 REVISION NUMBER: PAGE: 08/01/13 6 of 11 PATROL BOROUGH MEMBER (Wheel Officer) 51. Review and digitally sign PROPERTY TRANSFER REPORT. PATROL BOROUGH MESSENGER 52. Immediately deliver ALL of the transparent bags direct to the Police Laboratory, and ensure the evidence arrives at the Police Laboratory before 0200 hours. a. The Police Laboratory will be responsible for delivering all DNA evidence to the OCME laboratory. Transfer all transparent bags to the appropriate Police Laboratory Evidence Control Officers. a. Firearms / Firearms related evidence - Firearms Analysis Section, Evidence Control Officers. b. Controlled Substances / Marijuana evidence - Controlled Substance Analysis Section, Evidence Control Officers. c. DNA evidence - DNA Evidence Intake, Evidence Control Officers. d. Criminalistics evidence - Criminalistics Section, Evidence Control Officers. 53. POLICE LABORATORY EVIDENCE CONTROL OFFICERS 54. 55. Inspect EACH transparent bag delivered by each Patrol Borough Messenger; and, ensure: a. Each transparent bag delivered to the Police Laboratory by each Patrol Borough Messenger is properly listed on the appropriate PROPERTY TRANSFER REPORT b. Each transparent bag listed on each PROPERTY TRANSFER REPORT was delivered to the Police Laboratory. Notify an appropriate Evidence Control Supervisor if there is a discrepancy. POLICE LABORATORY EVIDENCE CONTROL SUPERVISOR 56. If there is a discrepancy involving the results of the inspection: a. Notify the appropriate/involved: (1) Patrol borough duty captain (2) Patrol borough member of the service (“Wheel Officer”) (3) Desk officer. b. Conduct an investigation c. Prepare a report on Typed Letterhead to the Commanding Officer, Forensic Investigations Division regarding the results of the investigation involving the evidence delivery discrepancy. PATROL BOROUGH DUTY CAPTAIN 57. Notify Internal Affairs Bureau regarding discrepancy. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-04 POLICE LABORATORY EVIDENCE CONTROL OFFICERS REVISION NUMBER: PAGE: 08/01/13 58. 59. 60. 7 of 11 Inspect all of the contents of each transparent bag in the presence of the appropriate Patrol Borough Messenger, and verify the following: a. Each evidence container/package present in each transparent bag is listed on a PROPERTY CLERK INVOICE that is attached thereto b. Each evidence container/package listed on each INVOICE is present in each transparent bag c. Each INVOICE present in each transparent bag is listed on a PROPERTY TRANSFER REPORT d. Each INVOICE listed on each PROPERTY TRANSFER REPORT is present in each transparent bag e. If accurate, confirm acceptance of PROPERTY TRANSFER REPORT in the Property and Evidence Tracking System. Confer with Patrol Borough Messenger regarding the results of the inspection of the contents of each transparent bag. Notify an appropriate Evidence Control Supervisor if there is a discrepancy. POLICE LABORATORY EVIDENCE CONTROL SUPERVISOR 61. If there is a discrepancy involving the results of the inspection: a. Notify the appropriate/involved: (1) Patrol borough duty captain (2) Patrol borough member of the service ("Wheel Officer") (3) Desk officer. b. Conduct an investigation c. Prepare a report on Typed Letterhead to the Commanding Officer, Forensic Investigations Division regarding the results of the investigation involving the evidence delivery discrepancy d. Make the necessary entries in “Remarks” section in on one or more appropriate INVOICE(S)/PROPERTY TRANSFER REPORT(S). PATROL BOROUGH DUTY CAPTAIN 62. Notify Internal Affairs Bureau regarding discrepancy. POLICE LABORATORY EVIDENCE CONTROL OFFICERS 63. Assign an appropriate Police Laboratory “Laboratory Number” to each INVOICE listed on each PROPERTY TRANSFER REPORT present in each transparent bag. Print four copies of the PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT for each PROPERTY TRANSFER REPORT accepted. a. Provide three copies to Patrol Borough Messenger. Retain one copy for Police Laboratory use. b. 64. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-04 PATROL BOROUGH MESSENGER PAGE: 08/01/13 65. 66. 67. PATROL BOROUGH SUPERVISOR REVISION NUMBER: 68. 69. 70. 8 of 11 Obtain three copies of the PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT for each PROPERTY TRANSFER REPORT that lists: a. Firearms / Firearms related evidence b. DNA evidence c. Criminalistics evidence. If extraordinary circumstances exist, obtain three copies of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT that list Controlled Substances/Marijuana evidence. Deliver all of the PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENTS to the patrol borough. File one copy of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT at the patrol borough. Ensure one copy of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT is delivered to the appropriate precinct, PSA and transit district. Ensure one copy of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT that lists Firearms/Firearms related evidence, and/or DNA evidence, and/or Criminalistics evidence, and/or if applicable, Controlled Substances/Marijuana evidence is hand delivered by 0900 hours each day to the Detective Borough. DETECTIVE BOROUGH SUPERVISOR 71. Ensure daily that one copy of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT that lists Firearms/Firearms related evidence, and/or DNA evidence, and/or Criminalistics evidence, and/or if applicable, Controlled Substances/Marijuana evidence is: a. Received from the involved patrol borough; and, b. Delivered to the appropriate detective squad. DETECTIVE SQUAD SUPERVISOR 72. Ensure all DNA evidence and all Firearms/Firearms related evidence and all Criminalistics evidence and, if applicable, all Controlled Substances/Marijuana evidence and all other forensic evidence is delivered to and actually received by the correct laboratory or laboratories in a timely manner in compliance with the applicable Department procedures. Ensure one copy of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT is immediately placed in the appropriate case file. Ensure a COMPLAINT FOLLOW-UP (PD313-081) is generated and placed in the appropriate case file indicating the: a. Date and time of delivery of all DNA evidence and all Firearms/Firearms related evidence and all Criminalistics evidence and, if applicable, all Controlled Substances/Marijuana evidence and all other forensic evidence delivered to the Police Laboratory and/or the OCME DNA Laboratory and / or any other Laboratory/Unit; and, 73. 74. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-04 REVISION NUMBER: PAGE: 08/01/13 b. DETECTIVE SQUAD SUPERVISOR (continued) 9 of 11 Police Laboratory and/or OCME DNA Laboratory and/or other Laboratory/Unit “Evidence Control Number” for all DNA evidence and all Firearms / Firearms related evidence and all Criminalistics evidence and, if applicable, all Controlled Substances/Marijuana evidence and all other forensic evidence delivered to the Police Laboratory and/or the OCME DNA Laboratory and/or any other Laboratory/Unit. ITEMS REJECTED AT POLICE LABORATORY POLICE LABORATORY EVIDENCE CONTROL OFFICERS 75. Select the appropriate rejection reason. PATROL BOROUGH MESSENGER 76. Review and digitally sign PROPERTY TRANSFER REPORT returning items to Patrol Borough. POLICE LABORATORY EVIDENCE CONTROL SUPERVISOR 77. Digitally sign PROPERTY TRANSFER REPORT returning items to Patrol Borough. PATROL BOROUGH MESSENGER 78. Deliver rejected items and PROPERTY TRANSFER REPORT to Patrol Borough. PATROL BOROUGH MEMBER (Wheel Officer) 79. Confirm acceptance of PROPERTY TRANSFER REPORT utilizing the Property and Evidence Tracking System. Notify desk officer command concerned of rejected items. DESK OFFICER COMMAND CONCERNED 81. Instruct command messenger to retrieve reject items from Patrol Borough. PATROL BOROUGH MEMBER (Wheel Officer) 82. Create separate PROPERTY TRANSFER REPORT utilizing the Property and Evidence Tracking System for each command for all rejected items and electronically sign PROPERTY TRANSFER REPORT. 80. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-04 REVISION NUMBER: 08/01/13 PAGE: 10 of 11 COMMAND MESSENGER 83. 84. Review and digitally sign PROPERTY TRANSFER REPORT. Deliver rejected items and PROPERTY TRANSFER REPORT to desk officer. DESK OFFICER 85. Confirm acceptance of PROPERTY TRANSFER REPORT utilizing the Property and Evidence Tracking System. Ensure that all corrections are completed for rejected items. 86. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Due to the danger in handling and analyzing hypodermic needles, they will be delivered directly to a Property Clerk facility and not delivered to the Police Laboratory for analysis unless there is a serious felony charge associated with such evidence other than Criminal Sale or Possession of a Controlled Substance. The Police Laboratory’s Evidence Control Supervisor is available twenty-four hours a day, seven days a week to provide guidance to members of the service regarding this matter. Due to a limited amount of storage space at the Police Laboratory and to ensure the safety of all members concerned, cases involving large seizures of Marijuana or any other unusual or potential harmful material, such as large containers of liquids (e.g., PCP, acids, etc.), a Police Laboratory Evidence Control Supervisor must be conferred with for direction prior to the evidence being delivered to the Police Laboratory. Unless there are exigent circumstances, desk officers must ensure that Controlled Substances/Marijuana evidence and Firearms/Firearms related evidence and DNA evidence and Criminalistics evidence are delivered to the patrol borough each day on the first platoon prior to 0100 hours. If exigent circumstances exist, the desk officer must obtain the approval from the commanding officer / duty captain to not comply with this procedure. Each day, at 0100 hours the patrol borough "Wheel Officer" will call ALL of the desk officers who failed to notify them regarding the delivery of Controlled Substances / Marijuana evidence, Firearms / Firearms related evidence, Criminalistics evidence or DNA evidence from their commands to the patrol borough, and will determine if there will be a delivery to the patrol borough. If the desk officer informs the patrol borough clerical officer that there are exigent circumstances and there will be no delivery of Controlled Substances / Marijuana evidence, Firearms / Firearms related evidence, Criminalistics evidence or DNA evidence to the patrol borough, then the borough clerical officer will immediately notify the commanding officer / duty captain. The commanding officer / duty captain will contact the involved desk officers and determine whether there are exigent circumstances to justify non compliance with this procedure, and will confer with the patrol borough clerical officer. If there are exigent circumstances to justify non compliance with this procedure, the commanding officer / duty captain will prepare a report on Typed Letterhead to the Chief of Patrol through channels describing the facts regarding the exigent circumstances and explaining why the forensic evidence could not be delivered to the patrol borough in compliance with this procedure. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-04 ADDITIONAL DATA (continued) DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 11 of 11 If an evidence delivery to the Police Laboratory is missed by a command, that command MUST deliver all controlled substances and firearms/firearms related evidence for Criminal Procedure Law 180.80 and 170.70 cases on the second platoon. It is important to note that the messenger listed on the PROPERTY TRANSFER REPORT must be the same member that delivers the evidence to the Police Laboratory. Any discrepancy between the member listed and the member who delivers the property will result in a rejection of evidence at the Police Laboratory. The Police Laboratory may reject evidence for several reasons. Reasons for valid rejections include the following: a. Unsigned voucher by officer and/or supervisor b. COMPLAINT REPORT not prepared or missing c. PROPERTY TRANSFER REPORT not prepared or missing d. REQUEST FOR LABORATORY EXAMINATION REPORT missing/incomplete e. Evidence not rendered safe (e.g., radiological, biological, bomb material not “rendered safe” by bomb squad personnel, etc., after reasonable determination by a Police Laboratory Evidence Control Section Supervisor) f. Hypodermic needle invoiced for Criminal Possession of Controlled Substance/Criminal Sale of Controlled Substance, due to the danger involved in handling (1) Hypodermic needles submitted for homicides, assaults or other major crimes will be accepted if packaged properly. g. Any evidence improperly invoiced as per Department guidelines (e.g., narcotics invoiced with Criminalistics evidence, firearm evidence invoiced with holster/silencer, items not analyzed, etc.) h. Any other evidence at the direction of the Police Laboratory Director/Deputy Director. RELATED PROCEDURES Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (P.G. 218-49) Processing Controlled Substances/Marijuana Contraband Stored at Stationhouse (P.G. 218-24) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) PROPERTY LOG (PD521-147) PROPERTY TRANSFER REPORT (PD521-1412) PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) COMPLAINT FOLLOW-UP (PD313-081) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-05 RECORDING OF ARREST AND PROPERTY CLERK INVOICE NUMBERS ON ARREST RELATED REPORTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To determine the disposition of prisoners (i.e., pled guilty at arraignment, case dismissed at arraignment, District Attorney’s Office declined to prosecute case, etc.) and to allow for the processing and/or disposing of property invoiced as arrest evidence. SCOPE This procedure applies to all uniformed members who invoiced evidence that is related to or seized in connection with an arrest. PROCEDURE Whenever evidence is to be invoiced in connection with an arrest: INVOICING MEMBER OF THE SERVICE 1. 2. 3. 4. DESK OFFICER 5. 6. Prepare PROPERTY CLERK INVOICE (PD521-141) utilizing the Property and Evidence Tracking System with particular attention being given to the following captions: a. Age of prisoner b. Prisoner’s date of birth c. COMPLAINT REPORT (PD313-152) number(s) d. Charge/offense under investigation e. Prisoner’s arrest number f. Arrest number for additional prisoner(s). Enter PROPERTY CLERK INVOICE (PD521-141) number in appropriate caption on the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). Ensure that ALL related INVOICES are properly documented on the PROPERTY CLERK INVOICE. Prepare REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168), utilizing the Property and Evidence Tracking System, if necessary. a. Enter the names, precinct of arrest, and ages of ALL prisoners whose arrest is based upon the seizure of property invoiced on the PROPERTY CLERK INVOICE. Verify and ensure that ALL captions on the PROPERTY CLERK INVOICE, REQUEST FOR LABORATORY EXAMINATION REPORT and ON-LINE BOOKING SYSTEM ARREST WORKSHEET have been accurately completed, including arrest and INVOICE numbers, where appropriate. Ensure that ALL related PROPERTY CLERK INVOICES, with arrest numbers entered, are delivered to the Police Laboratory, Firearms Analysis Section or Property Clerk Division at the same time. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-05 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 OPERATIONAL CONSIDERATIONS Members of the service should be aware that it is extremely important that all defendant information be listed on the REQUEST FOR LABORATORY EXAMINATION REPORT. If all defendants are not identified, it could be possible that the invoiced arrest evidence, (i.e., firearms, controlled substances, etc.) could be destroyed before the accomplices/facilitators and other codefendants are tried. This will result in the accomplices/facilitators criminal charges being dismissed. RELATED PROCEDURE Invoicing Property - General Procedure (P.G. 218-01) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-06 TEMPORARY REMOVAL OF INVOICED PROPERTY FROM THE COMMAND DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To account for invoiced property which is temporarily removed from the command by a uniformed member of the service. PROCEDURE When it is necessary for a uniformed member of the service to temporarily remove invoiced property from the command to court or other authorized agency: UNIFORMED MEMBER OF THE SERVICE 1. DESK OFFICER 2. 3. 4. 5. 6. UNIFORMED MEMBER OF THE SERVICE 7. 8. DESK OFFICER 9. 10. Request property from the desk officer. a. Give reason for removal. Verify identity of uniformed member of the service by inspecting IDENTIFICATION CARD (PD416-091), if assigned to another command. Have PROPERTY TRANSFER REPORT (PD521-1412) prepared utilizing the Property and Evidence Tracking System. Have the requesting officer digitally sign PROPERTY TRANSFER REPORT and capture fingerprint utilizing the digital signature device. Digitally sign PROPERTY TRANSFER REPORT. Print PROPERTY TRANSFER REPORT and deliver it along with the property to uniformed member of the service. Obtain receipt if property is retained by court or other authorized agency. a. Make ACTIVITY LOG (PD112-145) entry. Deliver property or receipt to desk officer. Make entry in Command Log listing identity of member of the service delivering property or receipt and INVOICE number. Forward receipt to the Property Clerk Borough Office for entry into the Property and Evidence Tracking System. WHEN PROPERTY IS RETURNED TO COMMAND: DESK OFFICER 11. 12. 13. ADDITIONAL DATA Check property against INVOICE utilizing the Property and Evidence Tracking System. Perform “Intake” function in the Property and Evidence Tracking System. Ensure property is properly stored and location is entered into the Property and Evidence Tracking System. LEGAL CONSIDERATIONS All official requests for property should be accompanied by a subpoena from the requesting agency, if other than the New York City Police Department, assistant district attorneys and assistant corporation counsels. (See P.G. 211-15, “Processing Subpoenas for Police Department Records and for Testimony by Members of the Service.”) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-06 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 RELATED PROCEDURE Processing Subpoenas for Police Department Records and for Testimony by Members of the Service (P.G. 211-15) FORMS AND REPORTS ACTIVITY LOG (PD112-145) IDENTIFICATION CARD (PD416-091) PROPERTY CLERK INVOICE (PD521-141) PROPERTY TRANSFER REPORT (PD521-1412) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-07 REMOVAL AND RETURN OF EVIDENCE TO PROPERTY CLERK DIVISION DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To control removal and return of evidence from Property Clerk facility for presentation in court. PROCEDURE When evidence in custody of the Property Clerk is required in court or other authorized agency: UNIFORMED MEMBER OF THE SERVICE 1. 2. Request evidence from member assigned to Property Clerk facility and: a. Give PROPERTY CLERK INVOICE (PD521-141) number b. Present written authorization from commanding officer to remove evidence if not listed as “INVOICING” officer on INVOICE c. Present shield and IDENTIFICATION CARD (PD416-091) d. Receipt for evidence as required. Take POLICE LABORATORY CONTROLLED SUBSTANCE ANALYSIS REPORT (PD521-153) to court with controlled substances/ marijuana evidence. WHEN COURT IS ADJOURNED FOR THE DAY: UNIFORMED MEMBER OF THE SERVICE 3. 4. 5. 6. 7. 8. DESK OFFICER 9. Obtain receipt for evidence, if held by court, District Attorney or other authorized agency. Obtain copy of court order from court clerk and receipt from claimant if court directs release of property. Deliver packages of controlled substances/marijuana, which have been opened in court to Police Laboratory for repackaging and sealing. Telephone appropriate Property Clerk facility in advance and prior to closing for instructions regarding return of property and/or receipt if delayed in court and unable to return property as required. Inform member at Property Clerk facility of estimated time of dismissal from court or arrival at Property Clerk facility. Deliver property or receipt to designated precinct desk officer if instructed to do so by member of the Property Clerk. Make entry in Command Log listing identity of member of the service delivering property or receipt and INVOICE number. 10. Notify member’s command if member of service fails to return property or receipt for property at end of day. COMMANDING 11. 12. OFFICER/ 13. MEMBER CONCERNED Direct member concerned to return property or receipt immediately. Institute corrective action. Prepare report on Typed Letterhead for information of commanding officer of next higher command indicating reason member did not return property/receipt and any corrective action taken. PROPERTY CLERK DIVISION NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-07 REVISION NUMBER: PAGE: 08/01/13 2 of 2 WHEN PROPERTY IS RETURNED TO PRECINCT STATION HOUSE: DESK OFFICER 14. 15. 16. 17. ADDITIONAL DATA Check property against INVOICE utilizing the Property and Evidence Tracking System. Perform intake utilizing the “Intake from an External Agency” function in the Property and Evidence Tracking System. Ensure property is properly stored and location is entered into the Property and Evidence Tracking System. Safeguard property pending pick up by representative of Property Clerk Division. OPERATIONAL CONSIDERATIONS If property or receipt for property is not returned to Property Clerk Division, a FINEST Message will be transmitted to all commands including the INVOICE number, name, shield number and command of member of the service who failed to return property. FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) POLICE LABORATORY CONTROLLED SUBSTANCE ANALYSIS REPORT (PD521-153) PROPERTY CLERK INVOICE (PD521-141) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-08 FIELD TESTING OF MARIJUANA BY SELECTED UNIFORMED MEMBERS OF THE SERVICE WITHIN THE PATROL SERVICES AND HOUSING BUREAUS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To allow for field testing of marijuana by selected uniformed members of the service assigned to the Patrol Services Bureau and Housing Bureau. SCOPE Authorized uniformed members of the service assigned to precincts and Housing Bureau Police Service Areas, who have been trained in marijuana field testing, will conduct marijuana field tests in the command when an arrest is made for a misdemeanor or violation involving marijuana. PROCEDURE When an arrest is made for a misdemeanor or violation involving marijuana sale or possession by trained uniformed members of the service, follow normal arrest procedures and: AUTHORIZED UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. Obtain field test kit and make appropriate entries. Conduct a field test on a small sample of the alleged marijuana using the field test kit with its provided loading device. a. Conduct test in a semi-private location specifically designated for field testing. b. Wear protective gloves, if possible. c. Thoroughly clean table surface before and after conducting the field test. d. Only use the loading device that is provided with the field test to load a small sample of marijuana into the field test kit. Perform the field test, sign and seal procedure in the presence of a trained supervisor. Perform a separate field test on marijuana seized from each prisoner. a. If four persons are arrested and marijuana is seized from three of these persons, then ALL three marijuana seizures will be field tested. Follow the procedures listed below when conducting the field test on a container of marijuana or a marijuana cigarette, in the presence of a trained supervisor: a. For each prisoner, open one container/cigarette of seized marijuana and using the loading device conduct a field test on a small portion of the substance contained therein. b. A field test will be conducted even if only one container/cigarette is seized, provided that there is a sufficient amount of marijuana remaining in the container/cigarette after the field test has been conducted to permit the remaining marijuana to be analyzed by the Police Laboratory. c. If more than one container/cigarette of marijuana is seized from a specific person and the first container/cigarette is field tested with negative results, then field test subsequent container(s)/cigarette(s) until a positive result is obtained OR five container(s)/cigarette(s) have field tested negative. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-08 REVISION NUMBER: PAGE: 08/01/13 (1) AUTHORIZED UNIFORMED MEMBER OF THE SERVICE (continued) d. e. f. g. h. 2 of 4 Once a positive result has been obtained, DO NOT open or field test any additional container(s)/cigarette(s) of marijuana seized from one specific person. (2) Never field test more than five containers/cigarettes of marijuana seized from one specific person. After a container/cigarette of marijuana is opened and has field tested positive, the container/cigarette will be resealed and the container/cigarette will be placed in a SEPARATE zip-lock bag. This will allow the Police Laboratory criminalists to identify and analyze the field tested container/cigarette when laboratory analysis is required by the District Attorney’s Office. Containers/cigarettes that are not field tested will NOT be placed in a zip-lock bag. The field tested container/cigarette in the zip-lock bag that tested positive will be listed on the PROPERTY CLERK INVOICE (PD521-141) as Item #1. If several container(s)/cigarette(s) are field tested: (1) The container/cigarette which tested positive will be placed in a SEPARATE zip-lock bag. The container/ cigarette that was field tested with positive results will be identified as such by marking the outside of the zip-lock bag, “POS.” This bag will be listed as “Item #1” on the PROPERTY CLERK INVOICE. (2) The remaining container(s)/cigarette(s) that are field tested with negative results will ALL be placed into a SEPARATE zip-lock bag. The zip-lock bag holding container(s)/cigarette(s) of marijuana, which were field tested with negative results, will be identified as such by marking the outside of the zip-lock bag “NEG.” Container(s)/cigarette(s) which field tested NEGATIVE will be listed as “Item #2” on the PROPERTY CLERK INVOICE. (3) The non-field tested container(s)/cigarette(s) will not be placed into a zip-lock bag and will be listed as “Item #3” on the PROPERTY CLERK INVOICE. The container/cigarette in the zip-lock bag marked “POS” and the container(s)/cigarette(s) in the zip-lock bag marked “NEG” and the container(s)/cigarette(s) that were not field tested, will ALL be placed into the Narcotics Evidence Envelope (Misc. 242). (1) Place sealed and signed Narcotic Evidence Envelope inside of a Plastic Security Envelope. (2) Ensure that the captions on the Narcotic Evidence Envelope are visible through the rear of the Plastic Security Envelope. (3) Seal Plastic Security Envelope by removing paper strip exposing the pre-applied adhesive and fold the top of envelope over aligning blue circles. Sign name, shield number, command and date across seal. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-08 PAGE: 08/01/13 3 of 4 (4) AUTHORIZED UNIFORMED MEMBER OF THE SERVICE (continued) 6. 7. 8. 9. SUPERVISOR CONCERNED REVISION NUMBER: 10. 11. 12. 13. The serial numbers of both envelopes are recorded on the PROPERTY CLERK INVOICE utilizing the “Packaging Function” in the Property and Evidence Tracking System. i. When an officer conducts a field test and is uncertain whether the results are Positive or Negative then: (1) Consult with a supervisor and obtain clarification. (2) If the field testing officer is still uncertain after consulting with the supervisor, record the field test result as NEGATIVE. j. DO NOT reseal opened container/cigarettes of marijuana with tape unless it is absolutely necessary. If tape must be used to reseal an opened container/cigarette, use as little as possible. k. DO NOT tape separate individual marijuana container(s)/cigarette(s) together. Always try to avoid using tape when invoicing container(s)/cigarette(s) of marijuana. Prepare a separate MARIJUANA FIELD TEST REPORT for each prisoner whose marijuana was field tested. a. Utilize the FIELD TEST REPORT appropriate to the borough of arrest. Attach the triplicate copy (pink) of the completed MARIJUANA FIELD TEST REPORT(S) to the PROPERTY CLERK INVOICES and the invoiced marijuana and forward to the Police Laboratory in the normal manner. a. If marijuana from two or more prisoners is invoiced on one PROPERTY CLERK INVOICE, attach one copy of EACH related FIELD TEST REPORT to the one PROPERTY CLERK INVOICE. b. If marijuana from two or more prisoners is invoiced on one PROPERTY CLERK INVOICE, in the “Remarks” column of the PROPERTY CLERK INVOICE, list EACH prisoner’s name and next to their name print in bold letters, “FIELD TESTED POSITIVE,” or “FIELD TESTED NEGATIVE.” Deliver original (white) copy and duplicate (blue) copy of FIELD TEST REPORT with arrest package to the Assistant District Attorney at the Complaint Room. a. Include in the arrest package a completed Supporting Deposition with the caption “Buyer” and/or “Seller” as appropriate. Dispose of used field test kit(s) and loading devices in the precinct plastic glove disposal receptacle. Witness field test, sign and seal. Ensure that used field test kit is properly disposed of. Ensure all forms prepared by authorized member of the service are complete and accurate. a. Ensure that the various reports that are prepared in connection with the same arrest(s) or seizure(s) accurately and consistently reflect the circumstances of the incident. Follow P.G. 210-13, “Release of Prisoners” for a negative field test(s). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-08 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 OPERATIONAL CONSIDERATIONS The Police Laboratory will notify the Chief of Patrol, Chief of Housing, Chief of Transit, or the Chief of OCCB, as appropriate, whenever the field test results are different from the results obtained by a Police Laboratory criminalist. This is referred to as a field test “discrepancy.” The Police Laboratory will also notify the Chief of Patrol, Chief of Housing, Chief of Transit, or the Chief of OCCB, as appropriate of all procedural, clerical and/or administrative errors made with regard to conducting field tests (e.g. incomplete/incorrect preparation of FIELD TEST REPORTS, failing to conduct field tests when required, improperly packaging field tested container(s)/cigarette(s), etc.). Zip-lock bags and field testing kits can be obtained from the Quartermaster Section. DEPARTMENT POLICY Only uniformed members of the service who have received field testing training are authorized to conduct and supervise this testing procedure. Twenty field tests are conducted in the classroom when uniformed members of the service receive their initial training and certification. Personnel will be considered expert after receiving this initial training. Uniformed members assigned to patrol will only field test marijuana and no other controlled substance. FORMS AND REPORTS MARIJUANA FIELD TEST REPORT – MANHATTAN/QUEENS/STATEN ISLAND (PD321-143) MARIJUANA FIELD TEST REPORT – BRONX (PD321-144) MARIJUANA FIELD TEST REPORT – BROOKLYN (PD321-145) PROPERTY CLERK INVOICE (PD521-141) Narcotics Evidence Envelope (Misc. 242) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-09 EVIDENCE OTHER THAN CONTROLLED SUBSTANCES/ MARIJUANA AND FIREARMS/BALLISTICS EVIDENCE REQUIRING POLICE LABORATORY ANALYSIS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To ensure that evidence, other than controlled substances/marijuana and firearms/ballistics evidence, which comes into the custody of the Department and requires laboratory analysis, is properly handled, packaged and submitted to the Police Laboratory. PROCEDURE Upon taking property described above into custody that requires analysis at the Police Laboratory: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. Follow invoicing procedures as contained in the Department Manual. Invoice evidence requiring analysis by the Police Laboratory, as follows: a. Prepare a separate PROPERTY CLERK INVOICE (PD521-141) as appropriate, utilizing the Property and Evidence Tracking System, for each of the following: (1) Different property type (2) Different property categories (3) Different owners (4) Property that will be delivered and/or stored at different locations (5) Bloodstain, DNA, serology, or other biological evidence (6) Other types of evidence. List each piece of evidence, requiring laboratory analysis, as a separate item on a separate line on the PROPERTY CLERK INVOICE. a. Each item will be given a separate “Item #” on the PROPERTY CLERK INVOICE. b. Each item of evidence will be specifically described by the invoicing member (e.g., blue long sleeve shirt, bloodied short sleeve undershirt, etc.) c. Ensure INVOICE does not exceed twenty line items. Package evidence in accordance with Department procedures. a. See “ADDITIONAL DATA” for additional packaging instructions. Write the corresponding PROPERTY CLERK INVOICE number, as well as the “Item #”, on the outside of each package/container submitted to the laboratory. a. If the evidence being submitted for analysis is secured in multiple packages/containers, mark each package/container as “Bag 1 of ___”, Bag 2 of ___”. Prepare a REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168), as appropriate, utilizing the Property and Evidence Tracking System. Submit evidence with PROPERTY CLERK INVOICE and REQUEST FOR LABORATORY EXAMINATION REPORT, and the handwritten copy of the REQUEST FOR LABORATORY EXAMINATION REPORT if prepared by the Crime Scene Unit member, to desk officer for review. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-09 9. 10. 11. 12. 13. 14. 15. 16. ADDITIONAL DATA PAGE: 08/01/13 DESK OFFICER 8. DELIVERING MEMBER REVISION NUMBER: 2 of 5 Review PROPERTY CLERK INVOICE and REQUEST FOR LABORATORY EXAMINATION REPORT to ensure that: a. Different types of evidence as described, in step “2” are listed on separate PROPERTY CLERK INVOICES. b. Each item of evidence is listed as a separate “Item,” on a separate line, and given a separate “Item #.” c. Each separate item is specifically described, in detail. d. INVOICE does not exceed twenty line items, if requiring laboratory analysis. Check each package/container to ensure that it is: a. Packaged properly. b. Marked with both the corresponding PROPERTY CLERK INVOICE number and corresponding “Item #.” Ensure that each package/container is properly sealed in a manner to prevent loss of evidence and to prevent contamination. a. Secure Plastic Security Envelope appropriately. b. Paper envelopes, paper bags, boxes should be securely sealed with evidence tape. (Do not use scotch tape). Direct invoicing member to sign name across each seal of each package/container to maintain the chain of custody. Securely attach the PROPERTY CLERK INVOICE, REQUEST FOR LABORATORY EXAMINATION REPORT and the handwritten copy of the REQUEST FOR LABORATORY EXAMINATION REPORT if prepared by the Crime Scene Unit member, to the package/container. Prepare PROPERTY TRANSFER REPORT (PD521-1412) utilizing the Property and Evidence Tracking System. Direct that the evidence be IMMEDIATELY delivered to the Police Laboratory. a. Evidence being submitted to the Police Laboratory for analysis degrades over time. If evidence that was not immediately delivered to the Police Laboratory is found to have degraded due to a delay in delivery, a notification will be sent through channels to the Office of the Chief of Department. Deliver PROPERTY CLERK INVOICE, REQUEST FOR LABORATORY EXAMINATION REPORT, handwritten copy of the REQUEST FOR LABORATORY EXAMINATION REPORT, if prepared by Crime Scene Unit member, PROPERTY TRANSFER REPORT and property to the Police Laboratory. Follow instructions of the Evidence Desk Intake personnel. OPERATIONAL CONSIDERATIONS When evidence is collected by a member of the Crime Scene Unit, the evidence will be packaged, sealed and labeled by the Crime Scene Unit member. These packages/containers will not be opened by the member assigned to invoice the evidence. Where appropriate, the NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-09 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 5 contents of the package/container will be specifically described by the Crime Scene Unit member on the outside of the package/container. The Crime Scene Unit member will prepare a handwritten copy of a REQUEST FOR LABORATORY EXAMINATION REPORT that will list and describe the items in the sealed packages/containers that are to be invoiced by the invoicing officer. The handwritten REQUEST FOR LABORATORY EXAMINATION REPORT will also describe the specific manner in which the items are to be invoiced and listed on the PROPERTY CLERK INVOICE(S) and the type of forensic examination required. The handwritten copy of the REQUEST FOR LABORATORY EXAMINATION REPORT prepared by the Crime Scene Unit member and the packages/containers to be invoiced will be delivered to the invoicing member for preparation of the PROPERTY CLERK INVOICE. The handwritten copy of the REQUEST FOR LABORATORY EXAMINATION REPORT must be attached to the packages/container by the invoicing member prior to delivery of the evidence and PROPERTY CLERK INVOICE to the Police Laboratory. The Police Laboratory will not accept PROPERTY CLERK INVOICES that do not contain detailed and specifically itemized descriptions of the property submitted. Vague, non-detailed descriptions are unacceptable, (e.g., “one sealed bag containing miscellaneous items.”) Improperly prepared INVOICES will be returned to the invoicing command. The invoicing command will be required to correctly prepare the INVOICE and re-deliver the evidence to the Police Laboratory IMMEDIATELY. All non-contraband property that is delivered to the Police Laboratory MUST have a photocopy of the PROPERTY CLERK INVOICE attached. PROPERTY CLERK INVOICES that are sent or have the potential to be sent to the Police Laboratory for laboratory analysis will not exceed twenty line items. EVIDENCE HANDLING AND PACKAGING GUIDELINES ALCOHOL Alcohol will only be submitted to the Police Laboratory in relation to an arrest for violation of Section 1192 of the Vehicle & Traffic Law and an open container of alcohol is seized. The container will be corked closed and secured around the opening with tape. The container can be placed in a plastic security envelope. The container should be stored in an upright position until delivery to the Laboratory. Patrol Guide 218-32, “Processing Alcohol Seized In ABC Law Violations,” should be complied with in connection with alcohol seized as a result of violations of the ABC Laws. ARSON Accelerants or other flammable material that comes into the custody of the Police Department, should be placed in a clean, airtight, metal or glass container, sealed with masking tape, and immediately delivered to the Police Laboratory. CAUTION: Accelerants or other flammable materials should be handled in a well ventilated area. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-09 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 5 BLOODSTAINS/SEROLOGY//DNA/OTHER BIOLOGICAL EVIDENCE Bloodstains, DNA, serology, or other biological evidence, EXCEPT FIREARMS (e.g., blood, semen, saliva, tissue etc.) should be delivered to the Police Laboratory for examination. Firearms evidence that requires bloodstain, DNA, serology, or other biological evidence analysis should be processed in accordance with the guidelines contained in Patrol Guide 218-23,“Processing Firearms and Firearm-Related Evidence.” BLOODSTAIN, DNA, SEROLOGY, OR OTHER BIOLOGICAL EVIDENCE AND ANY OTHER BODY FLUID/BIOLOGICAL EVIDENCE SHOULD BE PACKAGED IN PAPER BAGS OR BOXES. Do not seal in a plastic security envelope. Additionally, an orange bio-hazard sticker must be affixed to the package. Bloodstain, DNA, serology, or other biological evidence must be refrigerated, therefore, it must be delivered to the Police Laboratory IMMEDIATELY. QUESTIONED DOCUMENTS Any piece of paper, where the authenticity of the writing or the source of the writing must be determined, will be submitted to the Document Fraud Squad. These items include, but are not limited to, checks, bank robbery notes, and harassing letters. The evidence may be secured in a PLASTIC SECURITY ENVELOPE. DO NOT write on the security envelope when the evidence is inside. Cardboard inserts should be used in the security envelope to prevent the evidence from bending or folding. HAIR AND FIBER Evidence that contains possible hair and/or fiber evidence should be handled carefully to prevent the loss of any evidence. If the evidence is wet or bloodstained, or has other serological or biological evidence thereon, it should not be packaged in plastic; instead it should be placed in a sealed paper bag. If the evidence is dry, and it does not have bloodstain, serological, DNA or other biological evidence thereon, it should be packaged in a plastic security envelope or any bag/container that will prevent the hair or fiber evidence from being lost. LATENT FINGERPRINTS Items that must be processed for latent prints should be handled carefully. Latex gloves should be worn when handling. Members of the service handling such evidence should prevent the item(s) from being crushed, bent, folded, etc. Items being delivered to the Police Laboratory for fingerprint analysis should be placed in a plastic bag, not a paper bag. However, if an item must be analyzed for BOTH fingerprint and bloodstain/serological/DNA/other biological evidence, then it should NOT be placed in a plastic bag; it should be placed in a paper bag. LOCKS If a lock is submitted to the Police Laboratory for analysis, then the key to that lock must also be invoiced and submitted to the Laboratory. If no key is available, do not submit the lock for analysis. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-09 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 ADDITIONAL DATA (continued) Any questions regarding the proper handling, packaging, or invoicing of evidence should be referred to a supervisor at the Police Laboratory, 24 hours a day, 7 days a week. RELATED PROCEDURES Processing Alcohol Seized in ABC Law Violations (P.G.218-32) Processing Firearms and Firearm-Related Evidence (P.G.218-23) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) PROPERTY TRANSFER REPORT (PD521-1412) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-10 USING SECURITY LEAD SEALS OR PLASTIC SECURITY ENVELOPES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To provide a method of identifying property which does not have serial numbers, identifying marks, is difficult to describe, or to increase the control, security and accountability of small property items coming into police custody. PROCEDURE When required to invoice property without serial numbers, identifying marks, or is difficult to describe, follow normal invoicing procedures: USING SECURITY LEAD SEALS UNIFORMED MEMBER OF THE SERVICE 1. DESK OFFICER 2. 3. UNIFORMED MEMBER OF THE SERVICE 4. 5. Request lead seals from desk officer. Check PROPERTY LOG (PD521-147) and obtain serial number of last lead seal used. Give next serially numbered lead seal to member concerned and make entry in PROPERTY LOG accounting for number. a. Use one space on PROPERTY LOG to account for all lead seals listed on same PROPERTY CLERK INVOICE (PD521-141), if possible. Place lead seal on property as required: a. Use one lead seal for different items in same case, where possible b. Leave room on wire for inspection of items c. Attach seals in presence of desk officer and other interested persons. Record serial numbers of lead seals used on PROPERTY CLERK INVOICE and in ACTIVITY LOG (PD112-145). USING PRE-NUMBERED/BARCODED SECURITY ENVELOPES UNIFORMED MEMBER OF THE SERVICE 6. 7. 8. Request Plastic Security Envelope or Jewelry Security Envelope, as appropriate, from desk officer. Perform the following under the supervision of the desk officer: a. Complete captions on envelope and attach security lead seals, where necessary b. Place items in envelope and seal in accordance with instructions on the envelope c. Enter or scan barcode of Plastic Security Envelope or Jewelry Security Envelope during packaging when creating PROPERTY CLERK INVOICES utilizing the Property and Evidence Tracking System. Present sealed envelope to desk officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-10 PAGE: 08/01/13 DESK OFFICER 9. 10. ADDITIONAL DATA REVISION NUMBER: 2 of 3 Complete entries in PROPERTY LOG. a. Use one space on PROPERTY LOG to account for all Plastic Security Envelopes or Jewelry Security Envelopes listed on the same PROPERTY CLERK INVOICE, if possible. Examine envelope to ensure that: a. It is properly sealed b. Contents match description of PROPERTY CLERK INVOICE. OPERATIONAL CONSIDERATIONS Plastic Security Envelopes may be used for all small property items except evidence requiring serological examination, (e.g., blood, semen, and other body fluids). Controlled substances/marijuana are to be placed into a Narcotics Evidence Envelope (security lock-type envelope) and sealed. The sealed security lock-type envelope will then be placed into a Plastic Security Envelope and sealed for added protection. Controlled substances that contain phencyclidine (Angel Dust) will be put in a Plastic Security Envelope, and sealed, prior to being placed in the Narcotics Evidence Envelope (security lock-type envelope). Jewelry items must be placed in a separate Jewelry Security Envelope. This does not apply to members of the Police Laboratory. If it becomes necessary to open a sealed Plastic Security or Jewelry Security Envelope, a new envelope will be prepared in the command which the envelope is opened OR the Property Clerk’s borough office, as appropriate. In all such instances, the opened envelope(s) will be placed into the new envelope(s) and entered into the Property and Evidence Tracking System, utilizing the “Update invoice” and “Packaging” functions. Plastic Security or Jewelry Security Envelopes will not be used for items which can readily puncture or tear the envelope, (e.g., screwdrivers, knives with exposed blades, etc.). Items which cannot be placed in Security Envelopes will be tagged for identification and safeguarded in other than a Plastic Security Envelope. Cash and jewelry will continue to be placed in individual Security Envelopes and will not be placed in the same envelope with other small items. When it becomes necessary to invoice hypodermic needles, syringes, and other sharp narcotics paraphernalia: a. b. c. d. Utilize hypo container which comes in a plastic bag containing full instructions Voucher hypo container on a separate PROPERTY CLERK INVOICE apart from other property/evidence involved in same occurrence Place hypo container in a serialized Plastic Security Envelope (1) Multiple hypo containers will be placed in same Plastic Security Envelope, if involved in the same occurrence. (No other evidence [e.g., glassine envelopes, etc.] will be placed in same Plastic Security Envelope.) Store INVOICE and Plastic Security Envelope containing hypo container in property locker to be forwarded to appropriate Property Clerk facility. The operations coordinator will request additional lead seals and prenumbered/barcoded security envelopes from the Property Clerk Division. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-10 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 RELATED PROCEDURE Invoicing Property - General Procedure (P.G. 218-01) FORMS AND REPORTS PROPERTY LOG (PD521-147) PROPERTY CLERK INVOICE (PD521-141) ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT 3 of 3 PATROL GUIDE Section: Property - General Procedure No: 218-11 USE OF BIOHAZARD LABELS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To provide methods of identifying regulated waste coming into police custody. DEFINITION REGULATED WASTE - means liquid or semi-liquid blood or other potentially infectious materials: contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potentially infectious materials. PROCEDURE When required to transport or store property or evidence that has the potential to be an infectious material (e.g., regulated waste). UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. DESK OFFICER 5. RELATED PROCEDURES Follow normal invoicing procedures. Request Biohazard Label(s) from desk officer. a. Biohazard Labels are a fluorescent orange in color with the word “Biohazard” written on the label’s face. Affix label as close as feasible to the item or container by using string, wire, adhesive or other method that prevents loss or unintentional removal. Use one label for each item or container in same case. Request additional Biohazard Labels from Quartermaster Section when needed. Invoicing Property - General Procedure (P.G. 218-01) Using Security Lead Seals or Plastic Security Envelopes (P.G. 218-10) Hazardous Materials (P.G. 212-37) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-12 SAFEGUARDING VEHICLES IN POLICE CUSTODY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To safeguard vehicles in police custody at the stationhouse. PROCEDURE When necessary to store a vehicle in police custody at the command: COMMAND CLERK 1. 2. RECOVERING MEMBER 3. 4. 5. DESK OFFICER 6. 7. ADDITIONAL DATA Create PROPERTY CLERK INVOICE (PD521-141), utilizing the Property and Evidence Tracking System, from recovering member’s PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). Complete entries in PROPERTY LOG (PD521-147). Remove rotor or coil wire and attach to WORKSHEET. a. If unable to remove rotor or coil wire, ensure vehicle is immobilized in another way without causing damage to vehicle. Prepare form WARNING NOTICE - VEHICLE IN POLICE CUSTODY (PD571-1211) and attach to outside of windshield, only after fingerprint processing is completed, if applicable. Lock and park vehicle in secure location near command. Digitally sign PROPERTY CLERK INVOICE, verifying accuracy and completeness. Inform relieving desk officer of location of vehicle. OPERATIONAL CONSIDERATIONS A vehicle may be safeguarded at the command for forty-eight hours when not required as evidence or not the subject of forfeiture proceedings. A vehicle not released to the owner or his/her representative within forty-eight hours will be removed to the appropriate Property Clerk storage facility. RELATED PROCEDURES Rotation Tow (P.G. 218-21) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) PROPERTY LOG (PD521-147) WARNING NOTICE - VEHICLE IN POLICE CUSTODY (PD571-1211) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-13 INVENTORY SEARCHES OF AUTOMOBILES AND OTHER PROPERTY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To protect property, ensure against unwarranted claims of theft, and protect uniformed members of the service and others against dangerous instrumentalities. PROCEDURE Whenever any property comes into the custody of this Department an inventory search will be conducted as follows: IF THE CONTENTS TO BE INVENTORIED ARE IN AN AUTOMOBILE UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. ADDITIONAL DATA Search the interior of the vehicle thoroughly. a. This search should include any area that may contain valuables including, but not limited to: (1) Glove compartment (2) Console (3) Map pockets in or on doors and rear or side of seats (4) Areas under the seats and in and around the seat stuffing and springs (5) Under the floor mats (6) Under and behind the dashboard (7) Inside the ashtrays (8) In the air vents where accessible (9) Under the hood (10) Trunk. Force open trunk, glove compartment, etc. only if it can be done with minimal damage, unless: a. Reasonably suspect that the item contains weapons, explosives, hazardous materials or contraband b. The contents are in plain view c. The contents can be inferred from the outward appearance of the container (e.g., gun cases, toolboxes [which may contain burglar’s tools] etc.) d. Consent of the owner to break open the locked item. Remove all valuables from the vehicle and invoice on a separate PROPERTY CLERK INVOICE (PD521-141). OPERATIONAL CONSIDERATIONS Any closed container may be opened and its contents inventoried. If any of the above items listed in step “1” are locked, the uniformed member of the service concerned should make every attempt to obtain the keys from the driver, owner, or passenger. Property of little value that is left inside the vehicle (e.g., old clothes, cassette tapes, and vehicle parts, etc.) should within reason, be listed in the uniformed member’s ACTIVITY LOG (PD112-145) and cross referenced to the invoice number covering any valuables removed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 ADDITIONAL DATA (continued) Property that is not inventoried from an automobile but is possessed or under the control of an arrested individual, may be inventoried and all items found therein may be invoiced as prisoner’s property. If a locked container such as a brief case or safe is inventoried, it should not be forced open if to do so would cause more than minimal damage, unless the circumstances described in step “2”, subdivisions “a”, “b”, “c”, or “d” are present. FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-14 VEHICLE STOLEN AND RECOVERED WITHIN NEW YORK CITY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To process and dispose of vehicles stolen and recovered within New York City. PROCEDURE Upon recovery of stolen vehicle wanted on New York City alarm: RECOVERING MEMBER OF THE SERVICE 1. 2. 3. 4. Obtain all relevant information from NYSPIN System. Enter information in ACTIVITY LOG (PD112-145). Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521141A). Request patrol supervisor to respond to scene. PATROL SUPERVISOR 5. Verify accuracy and completeness of WORKSHEET. COMMAND CLERK 6. Enter WORKSHEET into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). RECOVERING MEMBER OF THE SERVICE 7. Digitally sign INVOICE verifying accuracy and completeness. PATROL SUPERVISOR 8. Digitally sign INVOICE verifying accuracy and completeness. RECOVERING MEMBER OF THE SERVICE 9. Notify registered owner of vehicle as soon as possible after the vehicle is recovered. a. If telephone number of registered owner is available make at least one attempt at a telephone notification. b. Enter in the Telephone Record: (1) The date and time of such an attempt (2) The invoice number from the PROPERTY CLERK INVOICE that the recovered vehicle is listed on (3) Name of person contacted if notification attempt is successful. c. If final insurance settlement was received: (1) Enter name of insurance company on INVOICE, in box captioned, “Lien Holder or True Owner” (2) Notify insurance company if claim settled. d. Advise insurance carrier or registered owner (if claim not settled): (1) Recovered vehicle may be reclaimed at the tow operator’s storage facility or the Property Clerk’s Auto Pound upon proof of ownership and payment of authorized fees (2) Address and telephone number of storage facility or Pound. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-14 RECOVERING MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 08/01/13 10. 11. 12. 13. 14. 2 of 3 Prepare ROTATION TOW-OWNER NOTIFICATION (PD571-1210) when the register owner or insurance carrier did not recover the vehicle regardless if a telephone notification has already been made. Notify Precinct Detective Unit/Detective Squad concerned if arrest involved or vehicle was used in commission of a crime. Prepare COMPLAINT FOLLOW-UP WORKSHEET (PD313-085) and enter the following in “Details” section: a. Parts and accessories removed from vehicle b. Condition of vehicle and ignition at time of recovery c. If vehicle keys were recovered d. If vehicle was damaged by fire e. Name of detective squad member notified, if vehicle used in commission of crime or further investigation is necessary f. Other information pertinent to the vehicle theft. Have alarm cancelled via FINEST System once owner takes possession of vehicle or after vehicle has been removed to Property Clerk facility or Rotation Tow storage facility. Attach copy of NYSPIN acknowledgement of cancelled alarm to: a. PROPERTY CLERK INVOICE b. COMPLAINT FOLLOW-UP WORKSHEET. 15. Prepare additional COMPLAINT FOLLOW-UP WORKSHEETS, indicating further developments. DESK OFFICER 16. Review COMPLAINT FOLLOW-UP WORKSHEET. a. Sign name. Verify that alarm is cancelled and owner notified. a. If cancellation does not appear in NYSPIN System or transmitted cancellation contains a discrepancy, have cancellation corrected utilizing FINEST System. Release vehicle to owner AFTER cancellation of alarm. a. Have vehicle removed to Property Clerk’s facility when owner unable to remove vehicle or cannot be immediately contacted. Make entry in PROPERTY LOG (PD521-147) to account for any INVOICES prepared. Forward finalized copy of COMPLAINT FOLLOW-UP (PD313-081) to commanding officer concerned, if recovering member is assigned to a specialized unit. DETECTIVE SQUAD MEMBER 17. 18. 19. 20. COMMANDING 21. OFFICER, SPECIALIZED UNIT Review COMPLAINT FOLLOW-UP to ensure alarm has been cancelled and owner notified. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-14 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 22. 23. 24. 3 of 3 Verify owners have been notified while conducting physical inventory of vehicles. Ensure that owner of vehicle is notified, if such notification was not previously made. Determine if patterns of theft and/or dumping exist: a. Initiate appropriate action if such trends are apparent. RELATED PROCEDURES Vehicle Stolen Outside New York City and Recovered Within New York City (P.G. 218-15) Vehicle Stolen Within New York City and Recovered Outside New York City or by the Port Authority Police (P.G. 218-16) Rotation Tow (P.G. 218-21) Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner (P.G. 218-19) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT FOLLOW-UP WORKSHEET (PD313-085) COMPLAINT FOLLOW-UP (PD313-081) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) PROPERTY LOG (PD521-147) ROTATION TOW-OWNER NOTIFICATION (PD571-1210) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-15 VEHICLE STOLEN OUTSIDE NEW YORK CITY AND RECOVERED WITHIN NEW YORK CITY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To record and notify agencies concerned of the recovery of a vehicle in New York City reported stolen outside New York City. PROCEDURE Upon recovery within New York City of any vehicle stolen outside the City: RECOVERING MEMBER OF THE SERVICE 1. 2. 3. DESK OFFICER 4. 5. 6. Prepare PROPERTY CLERK INVOICE (PD521-141). Notify Inter-City Correspondence Unit for notification to originating police agency to cancel alarm and inform owner of recovery. a. Advise of arrest in connection with recovery, if applicable. b. Make entry in “Remarks” section of the INVOICE in the Property and Evidence Tracking System. Notify detective squad concerned, if arrest involved or vehicle was used in commission of a crime. Release vehicle to owner or ensure that vehicle is delivered to Property Clerk storage facility. Ensure photocopy of PROPERTY CLERK INVOICE is forwarded to Patrol Borough Pattern Identification Module by next business day. Determine if patterns of theft and/or dumping exits. a. Initiate appropriate action if such trends are apparent. EVIDENCE/ PROPERTY CONTROL SPECIALIST 7. Photocopy and forward PROPERTY CLERK INVOICE prepared for recovered stolen vehicles to Patrol Borough Pattern Identification Module by next business day. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS COMPLAINT FOLLOW-UP (PD313-081) will not be generated for the recovery of a vehicle stolen outside of New York City. RELATED PROCEDURES Vehicle Stolen and Recovered Within New York City (P.G. 218-14) Vehicle Stolen Within New York City and Recovered Outside New York City or by the Port Authority Police (P.G. 218-16) Rotation Tow (P.G. 218-21) Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner (P.G. 218-19) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) PROPERTY CLERK INVOICE (PD521-141) PROPERTY LOG (PD521-147) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-16 VEHICLE STOLEN WITHIN NEW YORK CITY AND RECOVERED OUTSIDE NEW YORK CITY OR BY PORT AUTHORITY POLICE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To notify the registered owner and provide for cancellation of an alarm on a vehicle recorded as stolen within New York City and recovered outside the City or by the Port Authority Police on Port Authority property. PROCEDURE When notified that a vehicle stolen within New York City has been recovered outside the City or on a Port Authority facility: STOLEN PROPERTY INQUIRY SECTION 1. Transmit message through FINEST System to the precinct of record where alarm originated upon notification from outside agency that a vehicle stolen within New York City was recovered. DESK OFFICER, PRECINCT OF RECORD 2. 3. Ensure that alarm for vehicle is cancelled. Ensure a copy of NYSPIN acknowledgement is attached to COMPLAINT FOLLOW-UP WORKSHEET (PD313-085), when prepared. Notify registered owner of vehicle’s recovery and location as soon as possible. a. If telephone number of registered owner is available make at least one attempt at a telephone notification. b. Enter in the Telephone Record: (1) The date and time of such an attempt (2) Name of person contacted if notification attempt is successful. Comply with step “4” if vehicle is stolen within New York City and is recovered by the Port Authority, and in addition: a. Enter the invoice number from the PROPERTY CLERK INVOICE (PD521-141) that the recovered vehicle is listed on in the Telephone Record b. If final insurance settlement was received: (1) Enter name of insurance company on INVOICE, in box captioned, “Lien Holder or True Owner.” (2) Notify insurance company if claim settled. c. Advise insurance carrier or registered owner (if claim not settled): (1) Of the address and telephone number of the Port Authority storage facility or Pound. Notify the Stolen Property Inquiry Section that the FINEST Message has been received concerning recovery of vehicle. a. Provide identity of member making notification to registered owner. 4. 5. 6. STOLEN PROPERTY INQUIRY SECTION 7. Make record of acknowledgement of FINEST Message by precinct of record and identity of member of the service making notification to owner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-16 REVISION NUMBER: PAGE: 08/01/13 2 of 2 COMMAND CLERK, PRECINCT OF RECORD 8. Prepare COMPLAINT FOLLOW-UP WORKSHEET and under “Details” enter: a. Name of detective notified, if arrest was made, or if vehicle was used in the commission of a crime, AND b. Identity of member of the service who notified registered owner. DESK OFFICER, PRECINCT OF RECORD 9. Review COMPLAINT FOLLOW-UP WORKSHEET to ensure that alarm had been cancelled and owner has been notified. Sign off on the electronically generated COMPLAINT FOLLOW-UP (PD313-081) as per Department guidelines. STOLEN PROPERTY INQUIRY SECTION 11. FORMS AND REPORTS COMPLAINT FOLLOW-UP WORKSHEET (PD313-085) COMPLAINT FOLLOW-UP (PD313-081) PROPERTY CLERK INVOICE (PD521-141) 10. Forward an acknowledgement of cancellation of alarm to the recovering agency and to the precinct of record. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-18 PHOTOGRAPHING STOLEN EVIDENCE VEHICLES WHEN AN ARREST IS MADE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To expeditiously release stolen recovered vehicles where an arrest is made and the vehicle was not used in conjunction with any other crime. SCOPE Whenever an arrest is made for Grand Larceny Auto, Criminal Possession of Stolen Vehicle or Unauthorized Use of a Motor Vehicle and the stolen vehicle was not used in conjunction with any crime or criminal transaction, other than the theft or unauthorized use of the motor vehicle, the arresting officer will take a set of evidence photographs of the motor vehicle for the District Attorney/ Corporation Counsel and every defendant arrested. THE VEHICLE MAY THEN BE RELEASED TO THE OWNER/REPRESENTATIVE AT THE STATIONHOUSE WITHOUT A RELEASE FROM THE DISTRICT ATTORNEY/CORPORATION COUNSEL. All photographs will be delivered to the District Attorney/Corporation Counsel and maintained by that office. PROCEDURE Where an arrest is made for a recovered stolen vehicle and the vehicle qualifies: ARRESTING OFFICER 1. 2. 3. 4. 5. Comply with Patrol Guide 208-03, “Arrest - General.” Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). Take one set of evidence digital photographs. a. The set of evidence digital photographs must include: (1) Vehicle identification number (VIN) (2) Registration sticker on windshield (3) License plates (4) Each side of vehicle, including vent windows, door locks and handles (5) Front and back of vehicle (6) Interior of vehicle, including ignition lock, seat to floor clearance, center console, radio receptacle and dashboard area (7) Motor (8) Any other interior or exterior surfaces showing any and all damage to the vehicle. Upload all photographs to PROPERTY CLERK INVOICE (PD521141) while completing the “Vehicle Inspection” in the Property and Evidence Tracking System. Print and deliver the PHOTO RELEASE DOCUMENT (PD582-171), along with required paperwork, to District Attorney/Corporation Counsel. a. Include a notation of delivery of photographs on ARREST DOCUMENTATION CHECKLIST (PD249-010). b. Have District Attorney receipt for delivery of PHOTO RELEASE DOCUMENT by signing ACTIVITY LOG (PD112-145). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-18 REVISION NUMBER: PAGE: 08/01/13 2 of 2 c. ARRESTING OFFICER (continued) 6. 7. In juvenile arrests, PHOTO RELEASE DOCUMENT will be included with the arrest paper work forwarded to the Corporation Counsel. Notify owner/representative that vehicle can be released at the stationhouse. a. A release from the District Attorney/Corporation Counsel is no longer required in these cases. Cancel alarm and release vehicle, when owner/representative arrives at stationhouse. PRIOR TO RELEASE OF VEHICLE DESK OFFICER 8. 9. 10. ADDITIONAL DATA Review all necessary paperwork for accuracy and completeness. Ascertain that alarm has been cancelled. Ensure that all required photographs have been taken and that notation has been made on ARREST DOCUMENTATION CHECKLIST that PHOTO RELEASE DOCUMENT is part of the arrest package being delivered to the District Attorney or is included in the arrest package forwarded to the Corporation Counsel. OPERATIONAL CONSIDERATIONS The member of the service taking the photographs of the vehicle will take the minimum number of photographs necessary to show all items listed in step “3”. In those cases where an arrest involves an adult and a juvenile, a set of photographs must be taken for the District Attorney and the Corporation Counsel. Vehicles unable to be driven to the command will be placed in the Rotation Tow Program. Photographs must be taken either at the scene or the arresting officer will direct the tow driver to remove the vehicle to the command for photographs prior to its removal to the tow facility. Operable vehicles will remain at the command for forty-eight hours pending the arrival of the owner/representative. If the vehicle remains unclaimed, it will then be placed in the Rotation Tow Program and kept at the tow facility for thirty days prior to its removal to the pound. In the event any questions arise regarding the release of the stolen vehicle, direct that photographs be taken and do not release the stolen vehicle until determination is made by the Legal Bureau. RELATED PROCEDURES Personal Recognizance-Juvenile Delinquent (P.G. 215-12) Rotation Tow (P.G. 218-21) FORMS AND REPORTS ARREST DOCUMENTATION CHECKLIST (PD249-010) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE WORKSHEET (PD 521-141A) PROPERTY CLERK INVOICE (PD521-141) ACTIVITY LOG (PD112-145) PHOTO RELEASE DOCUMENT (PD582-171) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-19 INVOICING VEHICLES/PROPERTY AS ARREST/INVESTIGATORY EVIDENCE OR FOR FORFEITURE PROCEEDINGS OR TO DETERMINE TRUE OWNER DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To invoice and properly classify vehicles/property coming into police custody as arrest evidence, investigatory evidence, for forfeiture proceedings or to determine true owner. PROCEDURE When property/vehicles are taken into police custody: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. Prepare PROPERTY CLERK INVOICE (PD521-141) as appropriate, utilizing the Property and Evidence Tracking System. Select the correct property category on the PROPERTY CLERK INVOICE: a. ARREST EVIDENCE b. INVESTIGATORY EVIDENCE c. DNA ARREST EVIDENCE d. DNA INVESTIGATORY EVIDENCE e. FORFEITURE f. DECEDENT’S PROPERTY g. FOUND PROPERTY h. SAFEKEEPING i. PEDDLER PROPERTY j. OTHER Select the correct property category on the PROPERTY CLERK INVOICE if vehicle/boat: a. ROTATION TOW b. ARREST EVIDENCE c. INVESTIGATION d. FORFEITURE e. PHOTO RELEASE f. SAFEKEEPING g. DETERMINE TRUE OWNER Have alarm cancelled via FINEST System, where necessary. a. Attach copy of NYSPIN acknowledgement to PROPERTY CLERK INVOICE and/or COMPLAINT FOLLOW-UP (PD313-081), as appropriate. Prepare a REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-172), utilizing the Property and Evidence Tracking System, if required. Print and attach “ADA Copy” of the appropriate INVOICE to DESK APPEARANCE TICKET, if prepared in arrest cases or bring INVOICE copy to court and present to Assistant District Attorney concerned when no DESK APPEARANCE TICKET is prepared. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-19 REVISION NUMBER: PAGE: 08/01/13 2 of 4 VEHICLES/PROPERTY HELD AS INVESTIGATORY EVIDENCE DESK OFFICER /DETECTIVE BUREAU SUPERVISOR 7. 8. 9. Direct that property be seized and invoiced as investigatory evidence when a criminal investigation is required and no arrest has been made. Direct that vehicles may also be seized and invoiced as investigatory evidence when: a. Crime Scene Unit examination of vehicle is requested b. Collision Investigation Squad must conduct an investigation at scene of a vehicle collision c. Investigation of vehicle by any unit other than the Property Clerk is required. Ensure investigations as outlined above are conducted and concluded at command concerned. a. Ensure vehicle is removed to appropriate Property Clerk Auto Pound if further investigation is required. VEHICLES SEIZED AS ARREST EVIDENCE DESK OFFICER /DETECTIVE BUREAU SUPERVISOR 10. Direct that vehicles must be seized and invoiced as arrest evidence when arrests are made for: a. Larceny of vehicle (1) Charge will be Grand Larceny Auto unless owner/complainant or other evidence indicates auto (as defined in Section 125 VTL) is valued at $100 or less, or if motorcycle (as defined in Section 123 VTL) is valued at $1,000 or less. b. Unauthorized use of a vehicle c. Criminal possession of stolen property (vehicle involved) d. Possession of vehicle with an altered V.I.N. e. Leaving scene of collision - serious injury and likely or critical injury f. Assault or homicide - vehicle used as weapon g. Illegal Registration - Motorist arrested for Operating an Unregistered Vehicle, Vehicle and Traffic Law Section 401 (1)(a). ARRESTING OFFICER 11. Notify desk officer immediately when arrest number is obtained and include arrest number on the PROPERTY CLERK INVOICE. VEHICLES SEIZED FOR FORFEITURE DESK OFFICER /DETECTIVE BUREAU SUPERVISOR 12. Direct that vehicles may be seized and invoiced to determine if forfeiture proceedings will be commenced when vehicle is used to transport: a. Controlled Substances - Felony, Article 220, Penal Law b. Gambling Records - Sections 225.20 and 415, Penal Law c. Untaxed Cigarettes - Felony, Section 481, subdivision 2, State Tax Law and Section 11-1317, Administrative Code d. Equipment used in promoting pornography - Article 410, Penal Law e. Equipment used in unauthorized recording of sound – Section 420.05, Penal Law. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-19 REVISION NUMBER: PAGE: 08/01/13 3 of 4 OCCUPIED VEHICLES HELD TO DETERMINE TRUE OWNER DESK OFFICER /DETECTIVE BUREAU SUPERVISOR 13. 14. 15. ADDITIONAL DATA Direct an occupied vehicle be taken into custody if true owner cannot be determined and immediate arrest is not warranted. Have PROPERTY CLERK INVOICE prepared and ensure property category “Determine True Owner” is selected. a. A COMPLAINT REPORT (PD313-152) is not necessary when invoicing a vehicle to “Determine True Owner.” The investigation will be conducted by Property Clerk personnel. Have vehicle delivered to appropriate Property Clerk Auto Pound for processing by Property Clerk personnel. OPERATIONAL CONSIDERATIONS When a member of the service conducts a computer check of an occupied vehicle and the response reads ILLEGAL REGISTRATION, the New York State Department of Motor Vehicles has determined that the vehicle was improperly registered to someone who was the victim of a fraud and the victim never owned the vehicle nor gave anyone permission to register the vehicle in the victim’s name. Accordingly, when a uniformed member of the service encounters a motorist during a vehicle stop whose registration comes up on the computer as ILLEGAL REGISTRATION, then this motorist will be arrested and charged with Vehicle and Traffic Law Section 401(1)(a), Operating an Unregistered Vehicle. An immediate investigation should simultaneously be undertaken to determine if probable cause exists that the motorist or any other person has committed the crimes of Criminal Impersonation 2nd degree P.L. 190.25(1), Forgery 2nd degree, P.L. 170.10(2), Offering a False Instrument for Filing 2nd degree P.L. 175.30, or any robbery or larceny charge, if appropriate. If Penal Law arrests are to be made, the vehicle will be taken into custody as arrest evidence; if only a Vehicle and Traffic Law arrest is to be made, the vehicle will be taken into custody to determine its true owner. Whenever an arrest is effected involving a vehicle for a charge OTHER THAN those enumerated in step “10” above, the arresting officer will consult with his supervisor to determine whether the vehicle should be seized. The supervisor will communicate with an Assistant District Attorney and request an opinion to determine if the vehicle should be seized as arrest evidence. If an Assistant District Attorney is not available, the vehicle will be invoiced and secured at the stationhouse. However, no category of property will be checked, pending a determination by the Assistant District Attorney. If the Assistant District Attorney advises that the vehicle is not required as evidence, it will be released to the registered owner or his representative. If the owner cannot be located, the vehicle will be sent to the Property Clerk Auto Pound for safekeeping. If it is determined that the vehicle is to be held as evidence, the name and telephone number of the Assistant District Attorney who made the recommendation MUST be entered in the appropriate captions listed immediately above the “Remarks” section on the PROPERTY CLERK INVOICE. If a vehicle is to be safeguarded at the Property Clerk Auto Pound, the following documents will be forwarded with the vehicle: a. b. c. d. PROPERTY CLERK INVOICE FINEST Printout - NYSPIN acknowledgement VIN Printout (including registered owner’s zip code) Copy of COMPLAINT REPORT, if prepared, or notation on invoice of NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-19 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 previously prepared COMPLAINT REPORT number and precinct of record, when vehicle is categorized as Investigatory Evidence, DNA Investigatory Evidence, Arrest Evidence, DNA Arrest Evidence or Forfeiture. INVOICING COIN/BILL OPERATED MACHINES OR DEVICES Whenever coin/bill operated machines, including slot machines, are invoiced as evidence in arrest or investigation cases, the invoicing officer will remove all currency under the supervision of a ranking officer. Separate invoices will be prepared for currency and machines. Each will be crossreferenced. Under the caption “Remarks” on the INVOICE, enter a statement indicating the machine was opened and the amount of currency removed. Every effort will be made to locate a key or other device used to open the machines prior to their delivery to the Property Clerk. When force must be used to gain access to cash boxes, Emergency Service Unit may be requested. Emergency Service Unit personnel will break locks to obtain currency contained within the machines while taking care to avoid destroying their mechanisms. FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) COMPLAINT FOLLOW-UP (PD313-081) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-20 DELIVERY OF VEHICLE TO PROPERTY CLERK DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To remove a vehicle in police custody to a Property Clerk storage facility. PROCEDURE When necessary to remove a vehicle to a Property Clerk storage facility: DESK OFFICER 1. Ensure PROPERTY TRANSFER REPORT (PD521-1412) is prepared utilizing the Property and Evidence Tracking System. VEHICLE ABLE TO BE DRIVEN: DESK OFFICER 2. Assign uniformed member of the service to deliver vehicle and “Property Clerk” copy of PROPERTY CLERK INVOICE (PD521-141) to Property Clerk’s storage facility. 3. Check entries on PROPERTY CLERK INVOICE against current condition and equipment of vehicle. Conduct a vehicle inspection, utilizing the “Vehicle Inspection” function in the Property and Evidence Tracking System, to record all discrepancies. Report discrepancies to desk officer. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) for missing equipment not originally noted on PROPERTY CLERK INVOICE and deliver to desk officer. Digitally sign PROPERTY TRANSFER REPORT. ASSIGNED MEMBER 4. 5. 6. 7. DESK OFFICER 8. 9. ASSIGNED MEMBER Digitally sign PROPERTY TRANSFER REPORT. Deliver vehicle to storage facility. VEHICLE UNABLE TO BE DRIVEN: DESK OFFICER 10. Notify Fleet Services Division, Department Tow. 11. Pick up vehicle and proceed to command to obtain related PROPERTY CLERK INVOICE. DESK OFFICER 12. Assign member of service to check entries on PROPERTY CLERK INVOICE against condition and equipment of vehicle and prepare PROPERTY TRANSFER REPORT. DEPARTMENT TOW TRUCK OPERATOR NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-20 PAGE: 08/01/13 13. ASSIGNED MEMBER REVISION NUMBER: 14. 15. 16. Conduct a vehicle inspection utilizing the “Vehicle Inspection” function in the Property and Evidence Tracking System to record all discrepancies. Report discrepancies to desk officer. Prepare COMPLAINT REPORT WORKSHEET for missing equipment not originally on PROPERTY CLERK INVOICE and deliver to desk officer. Enter identity of tow truck operator on PROPERTY TRANSFER REPORT. 17. Digitally sign PROPERTY TRANSFER REPORT. DESK OFFICER 18. Digitally sign PROPERTY TRANSFER REPORT. DEPARTMENT TOW TRUCK OPERATOR 2 of 2 DEPARTMENT TOW TRUCK OPERATOR 19. Deliver vehicle and corresponding PROPERTY CLERK INVOICE set to Property Clerk storage facility. FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) PROPERTY CLERK INVOICE (PD521-141) PROPERTY TRANSFER REPORT (PD521-1412) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-21 ROTATION TOW DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 9 PURPOSE To process non-evidence stolen or apparently abandoned vehicles, including motorcycles, recovered within New York City. DEFINITIONS APPARENTLY ABANDONED VEHICLE - An unoccupied vehicle abandoned as defined in Section 1224, Vehicle and Traffic Law OR an unoccupied vehicle observed under circumstances indicating it may have been stolen, but for which no alarm has been transmitted. DOUBLE TOW - Situation requiring use of additional tow truck to assist in an UNUSUAL recovery (e.g., vehicle on an embankment, overturned, wedged in a building, etc.). The uniformed member must select either “yes” or “no” under caption, “Double Towing Involved” when generating a PROPERTY CLERK INVOICE (PD521141) utilizing the Property and Evidence Tracking System. When “Double Tow” is authorized, the uniformed member must enter his/her tax number in the appropriate field. A “Double Tow” is NOT AUTHORIZED solely because a recovered vehicle has no wheels. (Tow operators are required to possess equipment for towing vehicles with damaged/missing wheels.) PROCEDURE When a uniformed member of the service recovers an unoccupied stolen or apparently abandoned vehicle. UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. Determine if vehicle qualifies for Rotation Tow. a. A vehicle IS NOT qualified for removal under Rotation Tow if: (1) An arrest is made in conjunction with the recovery EXCEPT where an arrest is made and the vehicle qualifies for release after photographs are taken (2) Required as evidence OR being held for investigation (3) Used in commission of a crime (4) Vehicle may be the subject of forfeiture proceedings (5) Derelict guidelines are listed on inside back cover of ROTATION TOWING LOG (PD571-1412) (6) Vehicle is a large truck or limited-use motorcycle (moped) (7) Owner is on scene and recovers own vehicle prior to discovery by this Department (8) Vehicle must be safeguarded due to the inability of the owner/driver to remove to a safe place (e.g., prisoner, aided, collision, etc.) Ascertain V.I.N. of vehicle. a. If missing or illegible, attempt to locate alternate V.I.N. (1) Request assistance of another member of command trained in vehicle identification or services of Auto Crime Division, if necessary. Obtain relevant information from New York State Police Information System Network (NYSPIN) via FINEST System. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-21 UNIFORMED MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 08/01/13 4. 5. 6. 7. 8. DESK OFFICER 9. 10. 11. 2 of 9 Prepare ROTATION TOW IDENTIFICATION STICKER (PD571-090). a. Affix STICKER to glass (window or windshield) facing street side. Enter vehicle information in ACTIVITY LOG (PD112-145). Provide desk officer with all relevant information on recovered vehicle for notification to participating tow operator. Prepare the following documents: a. PROPERTY CLERK INVOICE (1) Select “Rotation Tow” as the Property Category (2) Select either “yes” or “no” under captioned “Double Towing Involved”, and if “Double Tow” is authorized, enter tax number of authorizing officer in appropriate field. (Tax number must be entered if “Double Tow” is authorized) (3) Enter under REMARKS “Deliver to Property Clerk Auto Pound WITHIN 48 HOURS for confidential V.I.N. check,” if V.I.N. is not obtained or ownership cannot be determined from a legible V.I.N. (A vehicle in this category WILL NOT BE RETURNED TO OWNER by the tow operator; it MUST BE DELIVERED to the Property Clerk Auto Pound.) b. COMPLAINT FOLLOW-UP (PD313-081), ONLY if previously reported stolen WITHIN NEW YORK CITY c. COMPLAINT REPORT (PD313-152), if investigation reveals that vehicle has been stolen WITHIN NEW YORK CITY, BUT THE THEFT HAS NOT BEEN REPORTED. Obtain a FINEST printout for vehicles with legible V.I.N. numbers and attach it to the “Property Clerk Copy” of PROPERTY CLERK INVOICE indicating: a. Check of registration plate and V.I.N. b. Listing of registered owner and insurance code c. NYSPIN and NCIC checks. Notify next participating tow operator in rotation sequence IMMEDIATELY after receiving all pertinent information from member who recovered vehicle. a. If vehicle is recovered on a limited access highway, ONLY THE TOW OPERATOR HAVING EXCLUSIVE FRANCHISE FOR SERVICE ON SUCH HIGHWAY MAY TOW THE VEHICLE. (A franchise tow operator who is also an authorized rotation tow operator will not be charged a turn in the rotation sequence for a limited access highway removal.) Determine if tow operator is available for assignment PRIOR TO furnishing information concerning the recovered vehicle. a. Tow operators DO NOT have the option of deciding whether they are available AFTER being informed of the type and condition of the vehicle to be towed. Prepare REPORT OF VIOLATION (PD672-151) and forward to Department of Consumer Affairs whenever a tow operator refuses assignment AFTER BEING INFORMED of type and condition of vehicle to be towed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-21 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 12. (continued) 13. 14. 15. 16. 3 of 9 Notify next tow operator in the rotation sequence whenever a tow operator is NOT AVAILABLE FOR ANY REASON. Enter each completed or attempted notification to tow operator in ROTATION TOWING LOG. a. Busy signal, no answer, refusal and reason therefore, entered in “Remarks” column. Notify next tow operator in rotation sequence when assigned tow operator fails to tow the vehicle within a reasonable period of time (e.g., half an hour, but may be longer depending on conditions). a. Advise tow operator to notify the desk officer immediately when vehicle has arrived at storage facility. b. Prepare and forward REPORT OF VIOLATION to Department of Consumer Affairs indicating assigned tow operator’s failure to meet performance standards. Make entry under Remarks in ROTATION TOWING LOG when two or more vehicles are recovered at one incident by the SAME tow operator. (Such removal counts as one turn in the rotation sequence). Select the name of authorized rotation tow company when preparing the PROPERTY CLERK INVOICE. UPON NOTIFICATION FROM TOW OPERATOR THAT VEHICLE HAS BEEN DELIVERED TO TOW OPERATOR’S STORAGE FACILITY DESK OFFICER 17. 18. 19. 20. Advise tow operator: a. To immediately deliver ROTATION TOW OPERATOR’S MOTOR VEHICLE INVOICE (PD571-154) to precinct of record for each vehicle towed b. Vehicle may be delivered to the Property Clerk Auto Pound on any weekday commencing on the eighth day and ending on the thirtieth day c. Vehicles remaining unclaimed commencing on the eighth day MUST BE DELIVERED to the Auto Pound any weekday, by the tow operator, by the thirtieth day d. Insurance carrier representatives seeking release of vehicles must present a signed, notarized “Receipt for Release of Vehicle” on insurance company letterhead when picking up vehicles. Have alarm canceled, if required. a. Enter cancellation on PROPERTY CLERK INVOICE and COMPLAINT FOLLOW-UP, if prepared. Confirm cancellation of alarm by ensuring a standard inquiry is made to NYSPIN via FINEST System by plate or V.I.N. number, at least one to two hours AFTER the original request was transmitted. a. Correct any discrepancies immediately by modifying alarm transmission or cancellation via FINEST System. Notify registered owner of vehicle as soon as possible after the recovered vehicle has been delivered to tow operator. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-21 REVISION NUMBER: PAGE: 08/01/13 4 of 9 a. DESK OFFICER (continued) 21. 22. 23. If telephone number of registered owner is available make at least one attempt at a telephone notification. b. Enter in the Telephone Record: (1) The date and time of such an attempt (2) The invoice number from the PROPERTY CLERK INVOICE that the recovered vehicle is listed on (3) Name of person contacted if notification attempt is successful. c. If final insurance settlement was received: (1) Enter name of insurance company on INVOICE, in the field captioned, “Lien Holder” (2) Notify insurance company if claim settled. d. Advise insurance carrier or registered owner (if claim not settled): (1) That recovered vehicle may be reclaimed at the tow operator’s storage facility or the Property Clerk Auto Pound upon proof of ownership and payment of authorized fees (2) Of the address and telephone number of storage facility or Pound. Have ROTATION TOW-OWNER NOTIFICATION prepared. a. Ensure that in all cases where the registered owner or insurance carrier did not recover the vehicle, that they are notified in writing utilizing the ROTATION TOW-OWNER NOTIFICATION, even if a telephone notification was already made. b. Print “Prisoner/Finder/Owner Copy” of PROPERTY CLERK INVOICE. Make appropriate entries in ROTATION TOWING LOG. Distribute ROTATION TOW - OWNER NOTIFICATION as follows: a. Original copy of the ROTATION TOW - OWNER NOTIFICATION and an “Prisoner/Finder/Owner” copy of PROPERTY CLERK INVOICE to owner via U.S. mail (1) Envelope addressed to owner will include precinct return address on upper left corner and PROPERTY CLERK INVOICE number on lower left corner. b. Attach duplicate copy to the ROTATION TOW OPERATOR’S MOTOR VEHICLE INVOICE (when received) and place in the Rotation Towing thirty-day file maintained at the precinct. UPON RECEIPT OF THE ROTATION TOW OPERATOR’S MOTOR VEHICLE INVOICE FROM THE TOW OPERATOR: DESK OFFICER 24. Verify accuracy of information entered on ROTATION TOW OPERATOR’S MOTOR VEHICLE INVOICE with information on PROPERTY CLERK INVOICE. a. Enter data from inspection on PROPERTY CLERK INVOICE to “Pct. Qty.” captions on ROTATION TOW OPERATOR’S MOTOR VEHICLE INVOICE (shaded areas) b. Indicate discrepancies, if any in the “Remarks” section of the PROPERTY CLERK INVOICE, utilizing the update invoice function of the Property and Evidence Tracking System NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-21 REVISION NUMBER: PAGE: 08/01/13 5 of 9 c. DESK OFFICER (continued) 25. 26. 27. 28. Prepare COMPLAINT REPORT, if appropriate, and indicate serial number in the “Remarks” section of the PROPERTY CLERK INVOICE, utilizing the update invoice function of the Property and Evidence Tracking System. Verify that alarm, if any, was cancelled, that owner was notified, and ROTATION TOW-OWNER NOTIFICATION was sent. a. If cancellation does not appear in NYSPIN System or transmitted cancellation contains a discrepancy, have cancellation corrected utilizing FINEST System. Distribute PROPERTY CLERK INVOICE when V.I.N. has been obtained and ownership of vehicle has been determined, as follows: a. One copy of “Property Clerk Copy” to Rotation Towing 30-Day File, with ROTATION TOW OPERATOR’S MOTOR VEHICLE INVOICE and copy of ROTATION TOWOWNER NOTIFICATION attached thereto. b. “Invoicing Officer” copy to recovering officer. c. One copy of each “Rotation Tow”, “Prisoner/Finder/Owner” to tow operator. Ensure the following is done if V.I.N. has NOT been obtained or ownership has NOT been determined: a. Ensure that statement “Deliver to Auto Pound WITHIN FORTYEIGHT HOURS for confidential V.I.N. check” has been entered in the “Remarks” section of the PROPERTY CLERK INVOICE b. Direct tow operator to deliver vehicle and ALL copies of PROPERTY CLERK INVOICE to Property Clerk Auto Pound within forty-eight hours of completion of towing assignment c. Retain ROTATION TOW OPERATOR’S MOTOR VEHICLE INVOICE in Rotation Towing thirty-day file for entry of vehicle storage number pending receipt of NOTICE OF VEHICLE DELIVERY (PD571-128) from Auto Pound. Advise tow operator to distribute copies of PROPERTY CLERK INVOICE upon release of vehicle to registered owner/authorized representative/insurance carrier as follows: a. “Prisoner/Finder/Owner” - to owner/authorized representative/ insurance carrier b. “Rotation Tow” - deliver to precinct of recovery. UPON RECEIPT OF ROTATION TOW COPY OF PROPERTY CLERK INVOICE AT PRECINCT, INDICATING RELEASE OF VEHICLE BY TOW OPERATOR TO OWNER/AUTHORIZED REPRESENTATIVE/INSURANCE CARRIER. DESK OFFICER 29. Ensure that PROPERTY CLERK INVOICE (“Rotation Tow” copy) is properly receipted and storage fees are indicated. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-21 PAGE: 08/01/13 6 of 9 a. DESK OFFICER (continued) 30. 31. EVIDENCE/ PROPERTY CONTROL SPECIALIST REVISION NUMBER: 32. A written authorization from the registered owner of the vehicle or copy of the insurance carrier’s notarized “Receipt for Release of Vehicle” attached to “Rotation Tow” copy of PROPERTY CLERK INVOICE will suffice as receipt for release of vehicle. Attach “Rotation Tow” copy of PROPERTY CLERK INVOICE to “Property Clerk” copy of PROPERTY CLERK INVOICE from Rotation Towing thirty-day file and maintain in separate designated file in PROPERTY CLERK INVOICE number order with related documents, i.e., District Attorney’s Release, etc., if any, attached. File ROTATION TOW OPERATOR’S MOTOR VEHICLE INVOICE in command. Retrieve “Rotation Tow” copy of PROPERTY CLERK INVOICE and perform the “Return to Owner from Rotation Tow (RTO From RoTow)” function utilizing the Property and Evidence Tracking System. UPON NOTIFICATION FROM TOW OPERATOR THAT VEHICLE IS BEING REMOVED TO PROPERTY CLERK’S AUTO POUND. DESK OFFICER 33. 34. UNIFORMED MEMBER OF THE SERVICE ASSIGNED TO AUTO POUND 35. 36. DESK OFFICER 37. 38. Inform the tow operator that in no event shall any towing company charge the Police Department for storage charges incurred after the tenth day of storage. a. Retain ROTATION TOW OPERATOR’S MOTOR VEHICLE INVOICE, pending receipt of NOTICE OF VEHICLE DELIVERY from the Property Clerk’s Auto Pound. Direct tow operator to deliver all copies of PROPERTY CLERK INVOICE, with vehicle, to Property Clerk’s Auto Pound. a. Enter vehicle disposition, by documenting the name of the Department auto pound the motor vehicle/motorcycle was delivered to, in the “Remarks” column of the ROTATION TOWING LOG. Perform intake utilizing the Property and Evidence Tracking System. a. Print PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) and issue to tow operator as receipt. Prepare NOTICE OF VEHICLE DELIVERY and forward IMMEDIATELY to the desk officer, precinct of recovery. Enter vehicle storage number on ROTATION TOW OPERATOR’S MOTOR VEHICLE INVOICE upon receipt of NOTICE OF VEHICLE DELIVERY. File ROTATION TOW OPERATOR’S MOTOR VEHICLE INVOICE in command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-21 PAGE: 08/01/13 COMMANDING 39. OFFICER/ DESIGNEE 40. 41. ADDITIONAL DATA REVISION NUMBER: 7 of 9 Inspect daily: a. ROTATION TOWING LOG entries for previous twenty-four hours to ensure completeness and accuracy. b. Rotation Towing thirty-day file to: (1) Determine status of all INVOICES. (2) Ensure no vehicle is being held more than thirty days. Enter date, time of inspection and signature in “Remarks” column of ROTATION TOWING LOG and include remedial action taken, if any. Ensure compliance with the following: a. Complaints concerning license violations and administrative matters, including overcharges by tow operators, are reported to the Department of Consumer Affairs on REPORT OF VIOLATION. b. Complaints alleging thefts or other unlawful acts by towing company personnel are recorded on COMPLAINT REPORT and investigated. (1) Duplicated copies of COMPLAINT REPORT must by forwarded to the Department of Consumer Affairs for informational purposes only. c. Participating tow operators are permitted to view the ROTATION TOWING LOGS of precincts within their assigned zone(s) to verify rotational sequence. OPERATIONAL CONSIDERATIONS An OWNER WILL NOT BE NOTIFIED NOR WILL AN ALARM BE CANCELLED on the recovered vehicle until the tow operator has advised that the vehicle has been removed to storage facility. If the envelope with the ROTATION TOW - OWNER NOTIFICATION and attached copy of the PROPERTY CLERK INVOICE is returned by the Postal Service as non-deliverable, attach the unopened envelope to the “Property Clerk Copy” of the PROPERTY CLERK INVOICE. A notation will then be made on the duplicate ROTATION TOW-OWNER NOTIFICATION that the original was returned undelivered. Rotation tow operators will deliver motor vehicles and motorcycles to a designated Department auto pound. Motorcycles are stored and can be reclaimed at a designated Department auto pound. When motor vehicles are delivered to a Department auto pound, the auto pound will immediately notify an authorized third party storage facility to remove and store the motor vehicles. Claimants must initially pay, at the auto pound concerned, the NYPD Rotation Tow and storage fees, in addition to third party transfer and storage fees, to reclaim a motor vehicle/motorcycle, or to obtain a release authorization pass, PRIOR to reclaiming a motor vehicle from the third party storage facility. If a vehicle/motorcycle remains unclaimed after fifteen days, from its delivery date to a Department auto pound, the vehicle/motorcycle will be disposed of according to law. Department of Sanitation personnel affix a numbered sticker with red lettering and red border to the outside rear of vehicles deemed eligible for Rotation Towing. Therefore, upon notification from the Department of Sanitation of the location of a vehicle eligible for Rotation Towing, the member of the service receiving the notification will immediately notify the desk officer of the following: a. Time and date of notification b. Identity of Sanitation Department member making notification NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-21 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 c. d. 8 of 9 Location and description of vehicle (year and make) Sanitation Department sticker number. The above information will be entered in the appropriate columns of the ROTATION TOWING LOG. The desk officer will direct a uniformed member of the service to respond to the vehicle location and make a visual inspection of the vehicle to ensure it qualifies for Rotation Towing in accordance with established criteria set forth on the rear inside cover of the ROTATION TOWING LOG. Neither the Department of Sanitation notification nor the affixing of a Department of Sanitation numbered sticker on a vehicle confers automatic Rotation Towing eligibility. FINAL DETERMINATION must be made by a uniformed member based upon visual inspection of the vehicle concerned. Uniformed members conducting visual inspections of vehicles reported by the Department of Sanitation as eligible for inclusion in Rotation Towing will be guided by the following: CATEGORY CLASSIFICATION PROCEDURE Stolen/abandoned (with or without registration plates) Other than derelict Include in Rotation Towing and affix ROTATION TOW IDENTIFICATION STICKER Stolen/abandoned (with or without registration plates) Derelict Notify Department of Sanitation that vehicle does not qualify for Rotation Towing and must be removed under the Derelict Auto Program; a notation concerning this notification will be made in “Remarks” column of the Rotation Towing Log. Remove plates from vehicle, if appropriate, prior to notification and comply with applicable provisions of P.G. 214-29, “Derelict Vehicles Bearing New York State Registration Plates.” Enforcement officers from the following agencies may utilize this Department’s Rotation Towing Program and perform steps “1” through “9” of the foregoing procedure whenever they recover stolen and/or apparently abandoned vehicles in areas under their respective jurisdictions within the confines of New York City: New York City Parks Department Seagate PD (60th Precinct) Administrative Code Section 20-519 (a) (3) states that all participants in the “Rotation Tow” program shall maintain a business premises that is under the exclusive control of the participant, is not used by any other towing company and is the premises listed on such participant’s license to engage in towing. Such premises shall consist of a location that is open to the public, where towing company personnel are employed, calls requesting towing service are NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-21 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 9 of 9 ADDITIONAL DATA (continued) received and tow operators are dispatched, and where all records required by this subchapter or any rules promulgated hereunder are maintained. RELATED PROCEDURES Driveway Tow Program (P.G. 214-14) Derelict Vehicles Bearing New York State Registration Plates (P.G. 214-29) Requesting U.S. Postage Stamps (A.G. 325-26) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) NOTICE OF VEHICLE DELIVERY (PD571-128) PROPERTY CLERK INVOICE (PD521-141) REPORT OF VIOLATION (PD672-151) ROTATION TOW IDENTIFICATION STICKER (PD571-090) ROTATION TOWING LOG (PD571-1412) ROTATION TOW-OWNER NOTIFICATION (PD571-1210) PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT(PD521-172) ROTATION TOW OPERATOR’S MOTOR VEHICLE INVOICE (PD571-154) The following violations of Department of Consumer Affairs regulations will be entered under “Additional Information” on REPORT OF VIOLATION: a. UNJUSTIFIABLE REFUSAL to accept a towing assignment: (1) Violation - Article XII subdivision F (ROTOW) b. REPEATED UNJUSTIFIABLE REFUSALS to accept towing assignments: (1) Violation - Article XII subdivision L (ROTOW) (List times and dates of such refusals) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-22 PROCESSING BOATS IN POLICE CUSTODY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PURPOSE To safeguard boats coming into police custody. PROCEDURE Upon taking a boat into police custody: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. PAGE: 08/01/13 1 of 2 Ascertain if stolen by utilizing mobile digital computer or FINEST System. a. Obtain relevant information. Notify desk officer, precinct of occurrence of: a. Description of boat b. Circumstances leading to custody c. Other pertinent information. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521141A) for boat. Prepare a separate PROPERTY CLERK INVOICE WORKSHEET for evidence or other property that is not part of boat equipment and deliver items to precinct of record. Request patrol supervisor to respond to scene. PATROL SUPERVISOR 6. Verify accuracy and completeness of PROPERTY CLERK INVOICE WORKSHEET(S) by signing rank, name and shield number. COMMAND CLERK 7. Enter PROPERTY CLERK INVOICE WORKSHEET(S) into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE(S) (PD521-141). UNIFORMED MEMBER OF THE SERVICE 8. Digitally sign PROPERTY CLERK INVOICE(S) verifying accuracy and completeness. PATROL SUPERVISOR 9. Digitally sign PROPERTY CLERK INVOICE(S) verifying accuracy and completeness. DESK OFFICER 10. 11. 12. UNIFORMED MEMBER OF THE SERVICE 13. 14. Make entry in PROPERTY LOG (PD521-147) to account for any PROPERTY CLERK INVOICE(S) prepared. Notify owner, if known, and Harbor Unit for removal of boat to storage facility. Create a PROPERTY TRANSFER REPORT (PD521-1412) utilizing the Property and Evidence Tracking System. Digitally sign PROPERTY TRANSFER REPORT if no discrepancies. Deliver PROPERTY CLERK INVOICE, PROPERTY TRANSFER REPORT and Property and Evidence Tracking System Label to responding Harbor Unit Member. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-22 RESPONDING HARBOR UNIT REVISION NUMBER: PAGE: 08/01/13 15. 16. 17. 18. 2 of 2 Affix Property and Evidence Tracking System Label to boat and verify entries on PROPERTY CLERK INVOICE and PROPERTY TRANSFER REPORT. Deliver boat with PROPERTY CLERK INVOICE to storage facility. Conduct intake of PROPERTY CLERK INVOICE in the Property and Evidence Tracking System. Notify desk officer, invoicing command, of PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) confirmation number. UNIFORMED MEMBER OF THE SERVICE 19. Enter information concerning boat and disposition in ACTIVITY LOG (PD112-145). RESPONDING HARBOR UNIT 20. 21. Enter Harbor Unit Storage Number on all related records. Forward copy of PROPERTY CLERK INVOICE to Property Clerk Inventory Unit. Identify and notify owner of boat, if not already been done. Cancel alarm, if applicable. 22. 23. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS An alarm will NOT be cancelled until boat is actually at storage facility or receipted for by owner. When a boat is found adrift by Harbor Unit personnel, the member assigned to Harbor Unit will prepare the PROPERTY CLERK INVOICE and notify the desk officer, precinct of record. When a boat is found on a street, contact Department tow for removal. Do not contact Rotation Tow. FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) PROPERTY LOG (PD521-147) PROPERTY TRANSFER REPORT(PD521-1412) PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-23 PROCESSING FIREARMS AND FIREARM-RELATED EVIDENCE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 11 PURPOSE To ensure that all firearms and firearm-related evidence coming into possession of the Department is properly marked, packaged, sealed, and invoiced in order to maintain a continuous chain of custody. DEFINITIONS FIREARM - The Department’s definition of a firearm includes: a. Any rifle, shotgun, pistol, revolver, derringer, machine gun, etc., WITH OR WITHOUT a rifled bore. b. Any starter’s pistol, zip gun, air gun, CO2 hand/long gun, etc. c. Any type of homemade, modified, converted, etc., weapon. d. Any type of simulated firearm such as a toy gun, imitation pistol, etc. CARTRIDGE - Live ammunition. A cartridge consists of a bullet (projectile), and a shell casing together as one unit. Cartridge(s) will be distinguished based upon the location from which the cartridge was recovered: a. Cartridge removed from the chamber of a firearm. b. Remaining cartridge(s) removed from a firearm other than the cartridge removed from the chamber (i.e., removed from magazine or removed from cylinder). c. Cartridge(s) NOT removed from a firearm but seized in connection with the recovery of a firearm from a person, object, or location AND there is no need to establish a crime scene (for example: cartridge(s) seized from a person’s clothing in connection with an arrest where a firearm is recovered; OR, cartridge(s) seized from a home during an investigation where a firearm is recovered AND there is no need to establish a crime scene because all of the perpetrators are identified). d. Cartridge(s) NOT removed from a firearm but recovered from a crime scene where a firearm may or may not have been recovered (for example: cartridge(s) found lying in the street after a shooting; OR, cartridge(s) found lying on the floor in an apartment or automobile after a robbery). FIRED BULLET - That part of a cartridge which has been fired though the barrel of a firearm (usually lead, metal-jacketed lead or coated lead). A fired bullet may break into pieces of lead, coated lead, metal jacketing, metal jacketing attached to lead, etc. SHELL CASING - Metal casing part of the cartridge remaining in or ejecting from a firearm after the fired bullet leaves the firearm’s barrel. PROPERLY “MARKING” FIREARMS AND FIREARM-RELATED EVIDENCE - Members of the service will utilize a scribe or other sharp writing instrument to scratch their initials and a unique consecutive number on each firearm and each item of firearm-related evidence. For example, if at a crime NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-23 DEFINITIONS (continued) REVISION NUMBER: PAGE: 08/01/13 2 of 11 scene 1 fired bullet and 3 shell casings and a semiautomatic pistol with 1 cartridge in the chamber and 4 cartridges in the magazine are recovered; then the firearm would be numbered 1, the magazine numbered 2, the cartridge in the chamber numbered 3 and the cartridges in the magazine would be numbered 4 through 7, the fired bullet would be numbered 8 and the 3 shell casings would be numbered 9 through 11. It does not matter what particular number a firearm or item of firearmrelated evidence is assigned provided the same number is not used more than once. Therefore, in the above example, it also would be proper to have the fired bullet numbered 1, the 3 shell casings numbered 2 through 4, the firearm numbered 5, the magazine numbered 6, the cartridge in the chamber numbered 7 and the 4 cartridges in the magazine numbered 8 through 11. PROPERLY “SEALING” A CONTAINER - In order to properly seal a container (other than NYPD Plastic Security Envelope), a member of the service must: a. Fasten the container securely with EVIDENCE TAPE in a manner to prevent loss/contamination of the evidence and to ensure that if the container is opened there would be obvious damage to the container and/or evidence tape AND sign name legibly across the border between the evidence tape and the container. b. An NYPD Plastic Security Envelope has adhesive on the envelope flap and does not have to be fastened with evidence tape; however, name must be legibly signed across the border between the flap and the envelope. PROCEDURE Whenever a firearm as defined above, and/or firearm-related evidence comes into the possession of a member of the service, in addition to other required actions: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. DO NOT touch, move or disturb any firearm and/or firearm-related evidence that may become part of a crime scene except when absolutely necessary, e.g., large crowd gathering, rendering aid to a victim, etc. Unload cartridge(s) from cylinder, chamber, and/or magazine of a firearm. a. To prevent possible destruction of fingerprints or other forensic evidence, DO NOT handle unnecessarily. b. If a firearm is unfamiliar or it appears to be difficult to unload, safeguard in original condition and notify desk officer. Mark, package and seal the cartridge removed from the chamber of the firearm. a. Mark the bullet portion of the cartridge; do not mark the metal shell casing portion. Do not mark the cartridge if it is too small/deformed. b. Package and seal in a container/envelope. Write initials, unique consecutive number and “Cartridge Removed From Chamber” on the container and include the serial number of the firearm/lead seal. Mark, package and seal ALL cartridges removed from the firearm other than the cartridge removed from the chamber. a. Mark the bullet portion of the cartridge(s); do not mark the metal NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-23 REVISION NUMBER: PAGE: 08/01/13 UNIFORMED MEMBER OF THE SERVICE (continued) 5. 6. 3 of 11 shell casing portion. If the cartridge is too small/deformed to mark, package each cartridge that cannot be marked in a separate container/envelope, seal it, write initials and unique consecutive number on the container and package in conformance with step 4b. b. Package and seal ALL cartridges removed from firearm other than the cartridge removed from the chamber in one (1) evidence container/envelope. Write “Cartridge(s) Removed From Firearm” on container and include the serial number of the firearm/lead seal. Mark, package and seal ALL cartridge(s) NOT removed from a firearm but seized in connection with the recovery of a firearm from a person and/or location AND there is no need to establish a crime scene. a. Mark the bullet portion of the cartridge(s); do not mark the metal shell casing portion. If the cartridge is too small/deformed to mark, package each cartridge that cannot be marked in a separate container/envelope, seal it, write initials and unique consecutive number on the container and package in conformance with step “5b” or “5c”, as applicable. b. DO NOT package cartridges removed from a person in the same container/envelope as cartridges removed from a location. All cartridges removed from the same person will be packaged in one container/envelope and cartridges removed from different persons will be packaged in separate containers/envelopes. Write the name and date of birth of the person from whose clothing the cartridge(s) were recovered and the words “Cartridge(s) Removed From Clothing” on EACH separate container and include the serial number of the firearm/lead seal. c. DO NOT package cartridges removed from a location in the same container/envelope as cartridges removed from a person. All cartridges that were seized from the same location will be packaged in one container/envelope and cartridges removed from different locations will be packaged in separate containers/envelopes. Identify the location from which the cartridge(s) were recovered on EACH separate container and include the serial number of the firearm/lead seal. d. Package entire box or boxes, if one or more boxes containing cartridges are seized in connection with the recovery of a firearm and there is no need to establish a crime scene, in an appropriate container and seal. Write initials and unique consecutive number on the outside of the container. It is not necessary to individually mark the bullet portion of each cartridge in the box. Mark, package and seal ALL cartridges that were NOT removed from a firearm BUT were recovered from a crime scene where a firearm may or may not have been recovered. a. Mark the bullet portion of ALL of the cartridges. DO NOT mark or place any scratches on the metal shell casing portion of the cartridges. If a cartridge is too small/deformed to mark, write NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-23 REVISION NUMBER: PAGE: 08/01/13 UNIFORMED MEMBER OF THE SERVICE (continued) 7. 8. 9. 10. 11. 12. 13. 4 of 11 initials and unique consecutive number on the container/envelope in which the cartridge is packaged. b. Package and seal each individual cartridge in a separate container/envelope. NEVER place two or more individual cartridges in the same container/envelope. Mark, package and seal ALL fired bullets recovered from a crime scene. a. Mark the bottom/base of ALL of the fired bullets. DO NOT mark or place any scratches on or near the sides of the fired bullets. If a fired bullet is too small/deformed to mark, write initials and unique consecutive number on the container/envelope in which the fired bullet is packaged. b. Package and seal each individual fired bullet in a separate container/envelope. NEVER place two or more individual fired bullets in the same container/envelope. Mark, package and seal ALL shell casing(s) recovered from a crime scene. a. Mark the inside of ALL of the shell casings. DO NOT mark or place any scratches on the exterior or bottom of the shell casings. If a shell casing is too small/deformed to mark, write initials and unique consecutive number on the container/envelope in which the shell casing is packaged. b. Package and seal each individual shell casing in a separate container/envelope. NEVER place two or more individual shell casings in the same container/envelope. Mark initials and unique consecutive number on recovered firearm(s). a. Affix a separate lead seal on EACH firearm without a distinguishable serial number. Mark initials and unique consecutive number on magazine removed from firearm. Mark initials and unique consecutive number on ALL silencers seized. Mark initials and unique consecutive number on ALL other types of firearm-related evidence that is not affixed to a firearm. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521141A) for recovered firearm(s) and firearm-related evidence. a. List the firearm as item #1 on line 1 of the WORKSHEET and describe by listing the make, firearm type and serial number (e.g., Colt revolver serial number 1234, Mossberg shotgun serial number 4567, etc.). (1) Firearm type will be: pistol, revolver, derringer, shotgun, rifle, air/CO2 pistol, air/CO2 rifle or “other.” Examples of the firearm type “other” would include toy gun, starter’s pistol, imitation pistol, black powder gun, etc. (2) If there is no serial number or the serial number is defaced, write “no/defaced serial number” (e.g., Glock pistol no/defaced serial number, Crossman air/CO2 pistol no/defaced serial number, etc.). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-23 UNIFORMED MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 08/01/13 b. c. d. e. f. g. h. 5 of 11 List the magazine removed from the firearm, if any, as the next item on the WORKSHEET. List the cartridge removed from the chamber of the firearm as the next item on the WORKSHEET and describe the caliber, e.g., “.38 caliber cartridge removed from the chamber of the firearm.” (1) Describe the caliber of the cartridge removed from the chamber of the firearm as “unknown” if the caliber can not be determined. List ALL cartridges removed from the firearm that are the same “caliber” as a separate ITEM on a separate line on the WORKSHEET; and, give all cartridges removed from the firearm that are the same caliber the same ITEM number, and describe the caliber. For example, if five cartridges removed from a firearm are removed from the magazine of the firearm, and three are .380 caliber cartridges and two are 9mm caliber cartridges, then list the three .380 caliber cartridges as a separate item on a separate line on the WORKSHEET and give them a separate ITEM number and describe them as “.380 caliber cartridges removed from the firearm”; and, list the two 9mm caliber cartridges as the next item on a separate line on the WORKSHEET and give them a separate ITEM number and describe them a “9mm caliber cartridges removed from the firearm.” (1) Describe the caliber of one or more of the cartridges removed from the firearm as “unknown” if the caliber can not be determined. Silencer, whether or not affixed to a firearm, will be listed separately as the next item of the WORKSHEET. If more than one silencer is recovered, each silencer will be listed as a separate item on the WORKSHEET and will be separately described. State on the WORKSHEET whether the silencer was affixed to the firearm and if not, identify the person or location from where it was recovered. Each firearm accessory that is affixed to the firearm (scope, laser, sling, etc.) OR, that is not affixed to the firearm but is necessary to make the firearm operable, will be listed separately as the next item(s) on the WORKSHEET and will be separately described. List any additional firearm(s), associated magazine(s), cartridge(s), silencer(s), appropriate accessories, etc., as the next item(s) of the WORKSHEET in accordance with the procedures and sequence contained in Steps “13a” through “13f”, as applicable. List ALL cartridges NOT removed from the firearm but seized in connection with the recovery of a firearm from a particular person and there is no need to establish a crime scene as ONLY one item on the next line of the WORKSHEET, irrespective of the total number of cartridges recovered from that person. Under “Quantity,” list the TOTAL number of cartridge(s) NOT removed from the firearm but seized from a particular person. Describe as NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-23 REVISION NUMBER: PAGE: 08/01/13 UNIFORMED MEMBER OF THE SERVICE (continued) i. j. k. 6 of 11 “cartridge(s) NOT removed from the firearm and identify the person.” (1) If cartridges were seized from more than one person, list the cartridges seized from different persons on separate lines on the WORKSHEET and identify that person. Use only one line of the WORKSHEET for each specific person from whom the cartridges were seized, irrespective of the total number of cartridges that were seized from that person. List ALL cartridges NOT removed from a firearm but seized in connection with the recovery of a firearm from a particular location and there is no need to establish a crime scene as ONLY one item on the next line of the WORKSHEET, irrespective of the total number of cartridges recovered from a particular location. Under “Quantity,” list the total number of cartridge(s) NOT removed from the firearm but seized from a particular location. Describe as “cartridge(s) NOT removed from the firearm” and identify the location, e.g., briefcase, closet, trunk of auto, etc. (1) If cartridges were seized from more than one location, list the cartridges seized from different locations on separate lines of the WORKSHEET and describe the location. Use only one line of the WORKSHEET for each specific location from where cartridges were seized, irrespective of the total number of cartridges that were seized from that particular location. List ALL shell casings recovered from a crime scene that are the same “caliber” as a separate ITEM on a separate line on the WORKSHEET; and, give all shell casings recovered from a crime scene that are the same caliber the same ITEM number and describe the caliber of the shell casings. For example, if seven shell casings are recovered from a crime scene, and three are .380 caliber shell casings and four are 9mm caliber shell casings, then list the three .380 caliber shell casings as a separate item on a separate line on the WORKSHEET and give them a separate ITEM number and describe them as “.380 caliber shell casings recovered from crime scene”; and, list the four 9mm caliber shell casings as the next item on a separate line on the WORKSHEET and give them a separate ITEM number and describe them as “9mm caliber shell casings recovered from crime scene.” (1) Describe the caliber of one or more of the shell casings recovered from a crime scene as “unknown” if the caliber can not be determined. List ALL fired bullets recovered from a crime scene as only one item on the next line of the WORKSHEET, irrespective of the total number of fired bullets recovered. Under “Quantity,” list the TOTAL number of fired bullets. Describe the evidence as “fired bullets recovered from crime scene.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-23 REVISION NUMBER: PAGE: 08/01/13 l. UNIFORMED MEMBER OF THE SERVICE (continued) 14. 15. 7 of 11 List ALL cartridges NOT removed from a firearm that are recovered from a crime scene that are the same “caliber” as a separate ITEM on a separate line on the WORKSHEET; and, give all cartridges NOT removed from a firearm that are recovered from a crime scene that are the same caliber the same ITEM number and describe the caliber of the cartridges. For example, if seven cartridges NOT removed from a firearm are recovered from a crime scene, and three are .380 caliber cartridges and four are 9mm caliber cartridges, then list the three .380 caliber cartridges as a separate item on a separate line on the WORKSHEET and give them a separate ITEM number and describe them as “.380 caliber cartridges NOT removed from a firearm that are recovered from crime scene”; and, list the four 9mm caliber cartridges as the next item on a separate line on the WORKSHEET and give them a separate ITEM number and describe them as “9mm caliber cartridges NOT removed from a firearm that are recovered from crime scene.” (1) Describe the caliber of one or more of the cartridges NOT removed from a firearm that are recovered from a crime scene as “unknown” if the caliber can not be determined. Place firearm and all other firearm-related evidence that is listed on the same WORKSHEET into one Plastic Security Envelope and properly seal in presence of desk officer. a. If firearm and firearm-related evidence will not fit into one Plastic Security Envelope: (1) Place the firearm and all other firearm-related evidence that are invoiced on the same WORKSHEET into the one appropriate sized bag/container. If possible, DO NOT use more than one bag/container. (2) Properly seal the bag/container. (3) Write command and invoice number on the outside of the bag/container. If more than one bag/container is used, write command, invoice number and corresponding item numbers on the outside of EACH bag/container. Mark EACH bag/container as “Bag 1 of _____,” “Bag 2 of _____,” etc. b. DO NOT place evidence listed on two different INVOICES into the same Plastic Security Envelope or the same bag/container. All property must be properly tagged, packaged or sealed, and clearly identified by INVOICE number and barcode. Ensure that every bag/security envelope or item that cannot fit in a bag/security envelope has a Property and Evidence Tracking System barcode label or Property Clerk Seal attached to the bag/property. When a firearm with a distinguishable serial number is seized, query NYSPIN/NCIC by utilizing the FINEST system. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-23 UNIFORMED MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 08/01/13 16. 17. 18. 19. 8 of 11 Do not cancel alarm for firearms(s). a. Recovering command will not cancel alarm for firearms. CANCELLATION WILL BE MADE ONLY BY STOLEN PROPERTY INQUIRY SECTION. Prepare an OMNIFORM computer generated copy of the COMPLAINT REPORT (PD313-152) from the precinct of recovery. This applies for all firearms as described in the “Definitions,” e.g., zip, air/CO2, imitation, etc. Prepare REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) utilizing the Property and Evidence Tracking System, if firearm(s) and/or firearm-related evidence must be examined by the Police Laboratory or Office of the Chief Medical Examiner (OCME) Forensic Biology Unit, or other forensic laboratory. Deliver firearm(s) and firearm-related evidence to the desk officer, command of occurrence. 20. Generate PROPERTY CLERK INVOICE (PD521-141) and REQUEST FOR LABORATORY EXAMINATION REPORT (if prepared) from WORKSHEET utilizing the Property and Evidence Tracking System. DESK OFFICER 21. Verify that: a. Firearm is unloaded. If the firearm is unfamiliar or appears to be difficult to unload, safeguard in original condition and notify ESU to respond and unload the firearm and render it safe b. Firearm(s) and firearm-related evidence are properly marked, packaged and sealed c. INVOICE(S) and forms were properly prepared d. Required notifications have been made. Enter a notation in the “Remarks” section of the INVOICE that the corresponding firearm(s) have been unloaded/rendered safe. Review OMNIFORM computer generated copy of COMPLAINT REPORT with particular attention to the following captions: a. Address/Location of Occurrence - Be specific regarding address, street, apartment number, borough, zip code, etc. b. Perpetrator Section - Be specific regarding height, weight, ethnicity, date of birth, age, sex, address, street, apartment number, zip code, etc. c. Evidence Section - Must indicate firearms and invoice number. d. Weapon Section - Describes the firearm as per all of the captions. Utilize the Property and Evidence Tracking System to create a PROPERTY TRANSFER REPORT (PD521-1412). Attach the following to the invoiced firearms/firearm-related evidence: a. Two copies of PROPERTY CLERK INVOICE b. Copy of OMNIFORM computer generated COMPLAINT REPORT. COMMAND CLERK 22. 23. 24. 25. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-23 PAGE: 08/01/13 9 of 11 c. DESK OFFICER (continued) 26. ADDITIONAL DATA REVISION NUMBER: Copy of REQUEST FOR LABORATORY EXAMINATION REPORT (if prepared). d. Copy of FINEST printout. Forward invoiced firearms and/or firearm-related evidence to the Police Laboratory in the appropriate manner. When necessary, make arrangements to have firearms and/or firearm-related evidence expeditiously delivered to the Police Laboratory. a. Ensure that all invoiced firearms and/or firearm-related evidence in the command property locker that must be examined by the Police Laboratory, Firearms Analysis Section, are delivered to the patrol borough office by 0100 hours daily. b. Exigent circumstances must exist AND the desk officer MUST obtain permission from the precinct commanding officer/duty captain in order to delay beyond 0100 hours or cancel delivery to the patrol borough office of the invoiced firearms/firearm-related evidence that must be examined by the Firearms Analysis Section. OPERATIONAL CONSIDERATIONS Members should be aware that firearm accessories (e.g., holster, sling, gun case, etc.), that are not affixed to the firearm AND are not needed to make the firearm operable, will not be listed on the same INVOICE as the firearm(s) and firearm-related evidence. Instead, the accessories will be listed on a separate WORKSHEET and will be delivered direct to the Property Clerk Division. If there is more than one accessory, invoice all of the accessories on one INVOICE if possible, and list each accessory as a separate item on the WORKSHEET. Members are reminded that a PROPERTY CLERK INVOICE will not exceed twenty line items if the INVOICE is being sent or has the potential to be sent to the Police Laboratory for laboratory analysis. FIREARMS INVOICED FOR SAFEKEEPING Certain firearms coming into possession of members of the service, which are categorized for “Safekeeping”, should be listed on one INVOICE and must be delivered DIRECT to the Property Clerk Division. Firearms within this category are: a. Property of retired, resigned, dismissed, suspended, sick or hospitalized uniformed members of the service. b. Lawfully possessed property of a deceased person. c. Obtained from a licensed dealer when license is revoked, suspended or expired. d. Lawfully possessed and removed by court order, order of protection, etc. e. Obtained from permit holder during renewal, expiration or cancellation of permit. If any of the above described firearms were obtained under circumstances that indicate a valid reason for examination, ONLY the firearms that require examination will be forwarded to the Firearms Analysis Section. All of the firearms that require examination NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-23 ADDITIONAL DATA (continued) DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 10 of 11 will be listed on one INVOICE, if possible. The reason for the examination will be specifically explained on the REQUEST FOR LABORATORY EXAMINATION REPORT. DO NOT invoice firearms categorized for safekeeping that are being delivered to the Firearms Analysis Section on the same INVOICE as the firearms that are being delivered DIRECT to the Property Clerk Division. BIOLOGICAL EVIDENCE If firearms and/or firearms-related evidence also have bloodstains, DNA, serology, saliva, body fluids, tissue, or any other biological evidence thereon, they will be processed according to the following guidelines: a. DO NOT package biological evidence if it is wet; it must be air-dried before it is packaged. b. DO NOT package biological evidence requiring examination/analysis in a plastic security envelope or any other type of plastic bag/container. Package and properly seal EACH individual item of biological evidence requiring examination/analysis in a separate paper bag/container. Affix an orange Biohazard label to each paper bag/container. (1) Write command and invoice number on the outside of each bag/container. If more than one bag/container is used, also write corresponding item number on the outside of each bag/container and mark each bag/container as “Bag 1 of ___,” “Bag 2 of ___,” etc. c. Do not mark firearms and/or firearm-related evidence if to do so would contaminate, alter, damage, etc, the biological evidence thereon. Instead, properly mark each separate firearm and firearm-related evidence container that contains DNA/biological evidence in the following manner: (1) Legibly print your name in BLOCK letters. (2) Legibly print the unique consecutive number that will be used to identify the item of DNA/biological evidence that will be packaged therein. (3) If applicable, legibly print the Crime Scene Unit Run Number. (4) Legibly print an accurate description of the item of DNA/biological evidence being placed in the container. (5) If a Biological Evidence Bag is utilized, ensure there is an entry in each caption on each Biological Evidence Bag. FIREARMS TRACES All firearms that are delivered to the Firearms Analysis Section (FAS) are automatically traced by the Bureau of Alcohol Tobacco and Firearms (BATF), unless there is a specific request/directive that a firearm(s) trace not be conducted. The results of the automatic firearm(s) trace are not communicated/forwarded to the invoicing member. Consequently, in a routine situation, an investigator who must obtain trace information regarding a firearm should request the firearm trace information from the BATF Regional Crime Gun Center approximately two weeks after the date that the firearm(s) was delivered to FAS. Requests to trace specific firearm(s) are NOT made to the Firearms Analysis Section. During the course of an investigation, search/seizure, arrest, etc., if there is an urgent/immediate need to trace a firearm(s), the request to trace the firearm(s) should be made DIRECT to a supervisor assigned to the Organized Crime Control Bureau, Joint Firearms Task Force (JFTF). If a JFTF supervisor cannot be contacted, contact the JFTF supervisor through the Organized Crime Control Bureau, Field Operations Desk. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-23 ADDITIONAL DATA (continued) DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 11 of 11 In certain situations, an investigating officer may not want a firearm to be automatically traced by BATF because it might jeopardize an investigation or endanger someone. For example, the firearm may have been purchased by an undercover officer and the investigation is ongoing. In order to prevent an automatic firearm trace from occurring, enter “*** DO NOT TRACE***” in capital letters in the “Remarks” sections of both the INVOICE and the REQUEST FOR LABORATORY EXAMINATION REPORT. At any point during the investigation, when deemed appropriate by the unit commanding officer, a request to trace one or more specific firearms, previously identified as “DO NOT TRACE,” can be made by telephone DIRECT to BATF, Regional Crime Gun Center. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) REQUEST FOR LABORATORY EXAMINATION REPORT PROPERTY TRANSFER REPORT (PD521-1412) NEW YORK CITY POLICE DEPARTMENT (PD521-168) PATROL GUIDE Section: Property - General Procedure No: 218-24 PROCESSING CONTROLLED SUBSTANCES/MARIJUANA CONTRABAND STORED AT STATIONHOUSE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To process controlled substances/marijuana contraband weighing less than eight ounces and store it securely in controlled substances locker in stationhouse. DEFINITIONS CONTROLLED SUBSTANCES CONTRABAND - Any dangerous drug or an instrument used to administer dangerous drugs. PROPERLY SEALED EVIDENCE - Evidence that is packaged in an appropriate container and sealed so its contents cannot readily escape. Tape, heat seal, or adhesive from an envelope are proper seals. Staples used as a seal do NOT constitute a proper seal. Evidence is properly sealed if its contents cannot readily escape the container and if entering the container would result in obvious damage/alteration to the container or its seal. PROCEDURE Upon obtaining controlled substances/marijuana contraband: UNIFORMED MEMBER OF THE SERVICE 1. 2. Bring contraband to precinct where obtained and notify desk officer. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521141A), as appropriate. COMMAND CLERK 3. Enter WORKSHEET into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). UNIFORMED MEMBER OF THE SERVICE 4. Request serially numbered Narcotic Evidence Envelope (Misc. 242) (security lock-type envelope) and Plastic Security Envelope from the desk officer. Complete captions on envelope. Mark contraband for future identification. a. Glassine envelopes will be consecutively numbered and the total number of envelopes will be noted in addition to the officer’s initials, i.e., 1/10, 2/10, 3/10, etc. Perform the following under the supervision of the desk officer: a. Place contraband in Narcotic Evidence Envelope (1) Controlled substances contraband that contains phencyclidine (Angel Dust) will be put in a plastic security envelope, and sealed, prior to being placed in Narcotic Evidence Envelope. b. Moisten flap, insert metal clasp, seal and sign name, shield number, command and date across flap. DO NOT use staples to seal envelope. c. Place sealed and signed Narcotic Evidence Envelope inside a Plastic Security Envelope. (1) The captions on the Narcotic Evidence Envelope should be visible through the rear of the Plastic Security Envelope. 5. 6. 7. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-24 REVISION NUMBER: PAGE: 08/01/13 d. UNIFORMED MEMBER OF THE SERVICE (continued) e. f. g. DESK OFFICER 8. 9. 10. 2 of 3 Seal Plastic Security Envelope by removing plastic strip exposing the pre-applied adhesive and fold the top of envelope over aligning blue circles. Sign name, shield number, command, and date across the seal. Record the serial numbers of both envelopes on the PROPERTY CLERK INVOICE utilizing the “Packaging” function in the Property and Evidence Tracking System. Affix two “Property Clerk” copies of the PROPERTY CLERK INVOICE to Plastic Security Envelope near the blue circles. Deposit sealed Plastic Security Envelope with papers attached in controlled substances locker. (1) DO NOT place the controlled substance Khat into the controlled substance locker, if applicable. The invoiced controlled substance will be transported directly to the Police Laboratory. Enter serial numbers from Narcotic Evidence Envelope and Plastic Security Envelope in the PROPERTY LOG. a. Use one space on PROPERTY LOG to account for all Narcotic Evidence Envelopes and Plastic Security Envelopes on the same PROPERTY CLERK INVOICE, if possible. Digitally sign INVOICE verifying accuracy and completeness. Distribute “ADA” copy as per instructions on INVOICE. 11. Notify desk officer of docket number and disposition of case immediately after arraignment of the defendant. DESK OFFICER 12. Process and forward controlled substances/marijuana contraband to Police Laboratory in conformance with P.G. 218-04, “Delivery of Evidence to the Police Laboratory.” a. Ensure invoiced the controlled substance Khat is transported directly to the Police Laboratory, if applicable. UNIFORMED MEMBER OF THE SERVICE ADDITIONAL DATA OPERATIONAL CONSIDERATIONS A member of the Narcotics Division who obtains controlled substances/marijuana contraband without effecting an immediate arrest (undercover buy) will mark, seal and tag contraband in the presence of the covering field team and process it through the Police Laboratory. To prevent injury/infections when handling or forwarding hypodermic needles/syringes to Police Laboratory, members of the service will place such items in plastic tubes, needle end first. The plastic tube will be capped, if possible. However, if the syringe extends beyond the tube, it will be secured with tape. UNDER NO CIRCUMSTANCES SHOULD A MEMBER OF THE SERVICE ATTEMPT TO REMOVE OR DISLODGE A NEEDLE FROM A HYPODERMIC SYRINGE. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-24 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 Members of the service will use hypo containers for the safe and proper handling of hypodermic needles, syringes, and other sharp narcotic items. Therefore, the following procedure will be complied with when invoicing hypodermic needles, syringes, and other sharp narcotics paraphernalia: a. Utilize hypo container which comes in a plastic bag containing full instructions. Labels affixed to the hypo containers provide spaces for the invoicing member’s name, date, tax registry number and command. b. Invoice hypo containers on a separate PROPERTY CLERK INVOICE apart from other property/evidence involved in same occurrence. c. Place hypo containers in serialized plastic security envelope, if involved in same occurrence. d. Store invoice and plastic security envelope containing hypo containers in property locker to be forwarded to the appropriate Property Clerk facility. UNDER NO CIRCUMSTANCES SHOULD A MEMBER OF THE SERVICE ATTEMPT TO REMOVE OR DISLODGE A NEEDLE FROM A HYPODERMIC SYRINGE. If facts indicate hypodermic syringe/needles may bear fingerprints or other forensic evidence, it should be safeguarded until examined by the Crime Scene Unit. RELATED PROCEDURES Delivery of Evidence to the Police Laboratory (P.G. 218-04) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY LOG (PD521-147) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-25 PROCESSING CONTROLLED SUBSTANCES/MARIJUANA CONTRABAND NOT STORED AT STATIONHOUSE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To process controlled substances/marijuana contraband weighing eight ounces or more, or too large for deposit in the command controlled substances locker, or the controlled substance Khat. DEFINITION CONTROLLED SUBSTANCES CONTRABAND - Any dangerous drug or an instrument used to administer dangerous drug. PROCEDURE Upon obtaining controlled substances/marijuana contraband weighing eight ounces or more, or too large for deposit in the command controlled substances locker, or the controlled substance Khat: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. Bring contraband to command where obtained. Notify the desk officer. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A), as appropriate. COMMAND CLERK 4. Enter WORKSHEET into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). UNIFORMED MEMBER OF THE SERVICE 5. Perform the following under the supervision of the desk officer: a. Mark contraband for future identification (1) Glassine envelopes will be consecutively numbered and the total of envelopes will be noted in addition to the officer’s initials, i.e., 1/10, 2/10, 3/10, etc. b. Request serially numbered Narcotics Evidence Envelope (security lock-type envelope) and Plastic Security Envelope from desk officer, if contraband will fit in such envelopes c. Place contraband in Narcotics Evidence Envelope (1) Moisten flap, insert metal clasp and seal. d. Securely wrap contraband in package and seal with tape if contraband will not fit in Narcotics Evidence Envelope. Sign name, shield number, command and date across flap of Narcotic Evidence Envelope or taped area of wrapped package. 6. DESK OFFICER 7. 8. Place sealed and signed Narcotics Evidence Envelope, if used, inside a Plastic Security Envelope. a. The captions on the Narcotics Evidence Envelope should be visible through the rear of the Plastic Security Envelope. b. The serial numbers of both envelopes are recorded on the PROPERTY CLERK INVOICE utilizing the “Packaging” function in Property and Evidence Tracking System. Create a PROPERTY TRANSFER REPORT (PD521-1412) utilizing the Property and Evidence Tracking System. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-25 PAGE: 08/01/13 DESK OFFICER 9. (continued) 10. 11. UNIFORMED MEMBER OF THE SERVICE REVISION NUMBER: 12. 13. 2 of 3 Enter serial numbers from Narcotics Evidence Envelope and Plastic Security Envelope in PROPERTY LOG (PD521-147). a. Use one space on the Property Log to account for all Narcotics Evidence Envelopes and Plastic Security Envelopes on the same INVOICE, if possible. Have invoicing officer digitally sign PROPERTY TRANSFER REPORT. Give following forms to invoicing member: a. Two “Property Clerk” copies of INVOICE. b. Two copies of PROPERTY TRANSFER REPORT. Deliver to Police Laboratory: a. Controlled substances/marijuana contraband. b. One “Property Clerk” copy of INVOICE. c. One copy of PROPERTY TRANSFER REPORT. Notify Police Laboratory’s Evidence Control Section (ECS) supervisor if delivering the controlled substance Khat. POLICE LABORATORY EVIDENCE CONTROL OFFICER 14. Compare property delivered against PROPERTY TRANSFER REPORT and INVOICE and, if accurate confirm acceptance of property utilizing the Property and Evidence Tracking System. a. Record laboratory number. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS A member of the Narcotics Division who obtains controlled substances/ marijuana contraband without effecting an immediate arrest (undercover buy), will mark, seal and tag contraband in the presence of the covering field team and process it through the Police Laboratory. If an undercover buy occurs and the purity of the narcotic is needed to be reported, the member of the service will use a black permanent marker and write “PURITY” on the side of the PROPERTY CLERK INVOICE that is attached to the evidence. Members of the service are reminded that at NO time will the controlled substance Khat be placed in a command’s controlled substance locker. The active ingredient in Khat quickly dissipates if not properly and expeditiously handled. Members of the service should make every reasonable attempt to keep the substance in a cool environment while transporting it to the Police Laboratory. Members of the service will use hypo containers for the safe and proper handling of hypodermic needles, syringes and other sharp narcotic items. Therefore, the following procedures will be complied with when invoicing needles, syringes, and other sharp narcotics paraphernalia: a. Utilize hypo container which comes in a plastic bag and follow enclosed instructions. Labels affixed to the hypo containers provide spaces for the invoicing member’s name, date, tax registry number and command b. Voucher hypo containers on a separate PROPERTY CLERK INVOICE apart from other property/evidence involved in same occurrence NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-25 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 c. d. 3 of 3 Place hypo containers in serialized plastic security envelope, if involved in same occurrence. No other evidence,(e.g., glassine envelopes, etc.), will be placed in the same security envelope Store INVOICE and plastic security envelope containing hypo containers in property locker to be forwarded to the appropriate Property Clerk facility. UNDER NO CIRCUMSTANCES SHOULD A MEMBER OF THE SERVICE ATTEMPT TO REMOVE OR DISLODGE A NEEDLE FROM A HYPODERMIC SYRINGE. If facts indicate hypodermic syringe/needles may bear fingerprints or other forensic evidence, it should be safeguarded until examined by the Crime Scene Unit. FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY LOG (PD521-147) PROPERTY TRANSFER REPORT (PD521-1412) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-26 PROCESSING FOUND PROPERTY DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 3 PURPOSE To record and process found property. SCOPE Found property valued at ten dollars or more is required to be reported to, and deposited with, the police. However, members of the service coming into possession of found property on the New York City subway system, other than U.S. currency or contraband, will deliver such property to the NYC Transit Railroad Clerk for forwarding to the NYC Transit Lost Property Office. In addition, property found in yellow medallion taxis only, will be taken by either the taxi driver or an individual specified by the taxi garage, to one of the eight commands designated as the repository for such property: PBMS PBMN PBBX PBBS 017 PRECINCT CENTRAL PARK PCT 043 PRECINCT 076 PRECINCT PROCEDURE Upon coming into possession of found property: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. PBBN PBQS PBQN PBSI 094 PRECINCT 107 PRECINCT 115 PRECINCT 120 PRECINCT Issue receipt to person delivering property, if other than a member of the service. a. If turned in at command, command clerk will prepare PROPERTY CLERK INVOICE (PD521-141) utilizing the Property and Evidence Tracking System. Print and give finder appropriate copy of INVOICE as receipt. b. If delivered to member on patrol, prepare appropriate captions on COLLISION INFORMATION EXCHANGE/ ACKNOWLEDGMENT OF FOUND PROPERTY (PD301092), including a description of the property and signature of receiving member. c. If member of the service comes into possession of found property on the New York City subway system, other than U.S. currency or contraband, member will deliver such property to the NYC Transit Railroad Clerk for forwarding to the NYC Transit Lost Property Office. (1) Whenever possible, direct or escort person to the NYC Transit Railroad Clerk to turn in found property prior to accepting custody of property. (2) Secure a receipt from the NYC Transit Railroad Clerk, detailing a description of the property, and give it to the person finding the property or retain receipt if personally delivering property to NYC Transit Railroad Clerk. Enter facts in ACTIVITY LOG (PD112-145). Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A), as appropriate. Deliver property and WORKSHEET to desk officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-26 REVISION NUMBER: PAGE: 08/19/13 2 of 3 COMMAND CLERK 5. Enter reporting member’s WORKSHEET including circumstances of the found property from the “Remarks” section, into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). UNIFORMED MEMBER OF THE SERVICE 6. Digitally sign INVOICE verifying accuracy and completeness. DESK OFFICER 7. 8. 9. 10. Digitally sign INVOICE verifying accuracy and completeness. Complete entries in PROPERTY LOG (PD521-147). a. Use one space on PROPERTY LOG to account for all Plastic Security Envelopes or Jewelry Security Envelopes listed on the same PROPERTY CLERK INVOICE, if possible. Make Command Log entry indicating presence of member of the service with property and INVOICE number. a. Enter time and name of occupant or person in charge of premises who was notified of police custody of property, if property was delivered to command by other than occupant or person in charge of premises where property was found. Have REPORT OF UNCLAIMED PROPERTY (PD542-122) prepared and forwarded as indicated on form. IF PROPERTY IS RETURNED TO OWNER AT COMMAND: DESK OFFICER 11. 12. 13. 14. 15. 16. 17. 18. Require the claimant to produce valid identification, preferably photo identification. (See P.G. 208-28, “Identification Standards For Desk Appearance Tickets”, step “1”, for examples of satisfactory forms of valid identification). a. Identification should include claimant’s name and current address. Check property/vehicle against PROPERTY CLERK INVOICE. Request claimant examine security lead seal and/or plastic security envelope and check against number entered on INVOICE (if seal or envelope is used), prior to breaking seal or opening envelope. Complete the “Release/Disposition – Return to Owner” function utilizing the Property and Evidence Tracking System. a. Have claimant sign utilizing the digital signature capture device. Approve delivery of property/vehicle utilizing username and password. Release property/vehicle to claimant. Forward “Property Clerk” copy of INVOICE and photocopy of claimant’s identification to the appropriate Property Clerk facility. Destroy all copies of REPORT OF UNCLAIMED PROPERTY, if property was claimed prior to the distribution and forwarding of the REPORT OF UNCLAIMED PROPERTY. a. Forward first copy of REPORT OF UNCLAIMED PROPERTY, with disposition entered thereon, to the Stolen NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-26 DESK OFFICER (continued) ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 3 of 3 Property Inquiry Section, if property is returned to owner after original REPORT OF UNCLAIMED PROPERTY has been forwarded. OPERATIONAL CONSIDERATIONS If member of the service comes into possession of found property while on patrol, the member of service shall notify the patrol supervisor and expeditiously invoice the property at the command. If member of the service comes into possession of found property on the New York City subway system, other than U.S. currency or contraband, steps “3” and “4” will not be performed. RELATED PROCEDURE Identification Standards For Desk Appearance Tickets (P.G. 208-28) FORMS AND REPORTS COLLISION INFORMATION EXCHANGE/ACKNOWLEDGMENT OF FOUND PROPERTY (PD301-092) ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY LOG (PD521-147) REPORT OF UNCLAIMED PROPERTY (PD542-122) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-27 FOUND PROPERTY RETAINED BY AN INTERSTATE TRANSPORTATION COMPANY, AIRLINE, BANK OR SAFE DEPOSIT COMPANY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To provide a Department record of disposition of such property. PROCEDURE When notified by an interstate transportation company, airline, bank or safe deposit company that they have found and will safeguard property at their facility: DESK OFFICER 1. Direct command clerk to prepare two copies of REPORT OF UNCLAIMED PROPERTY (PD542-122). a. Indicate where property is being held under “Remarks”. 2. 3. 4. Forward original to Stolen Property Inquiry Section. File copy. Forward file copy marked “Returned” to Stolen Property Inquiry Section when notice is received from company concerned that property has been returned to owner. COMMANDING 5. OFFICER Direct investigation be conducted if notice of return to owner is not received within sixty days and the property has not been delivered to command. COMMAND CLERK REPORTS AND FORMS REPORT OF UNCLAIMED PROPERTY (PD542-122) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-28 SAFEGUARDING PROPERTY OF DECEASED PERSON DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To safeguard property of a deceased person who lived alone or with other than a relative or competent person, or who dies at other than his/her residence. DEFINITION CO-OCCUPANT – For the purpose of this procedure, a person who has been residing, on a permanent basis, in the same premises with the deceased. A uniformed member of the service can determine if a person is a co-occupant rather than a visitor or guest by: a. Examining documents, (e.g. licenses, credit cards, mail, etc.,) of the cooccupant that reflects that address is permanent residence. b. Questioning other residents or neighbors who can verify that co-occupant resides thereat. c. Examining closets, bureaus, etc., to ascertain if co-occupant has clothing and/or other possessions in the premises. d. Examining rent receipts or similar documentation that the co-occupant produces that may establish residence. e. Giving consideration to any other relevant factors that may establish that the co-occupant does, in fact, reside in premises. PROCEDURE When a person is pronounced dead and it is necessary to search the body and premises to establish positive identification and safeguard property of the deceased. UNIFORMED MEMBER OF THE SERVICE 1. Request patrol supervisor to respond and await arrival prior to conducting search of body and/or premises. PATROL SUPERVISOR 2. Direct member to search body for valuables and documents concerning identity. a. Search at scene when practical; otherwise without delay, and in all cases before being released by this Department. (1) A police officer (male or female) may search a dead human body. b. Have Harbor Unit member who removed a body from the navigable waters, search body and deliver property to a precinct member. Obtain at least one responsible civilian to witness search, when possible. Ensure that identity of witness is recorded in member’s ACTIVITY LOG (PD112-145). Supervise complete search of body. Have all property (e.g., currency, jewelry, papers or documents, etc.) removed from body except clothing actually worn. Have clothing or other property required as evidence processed on separate PROPERTY CLERK INVOICE (PD521-141). Direct member conducting search at residence of deceased to examine and take custody of personal papers which may assist in positive identification. In addition, take custody of: 3. 4. 5. 6. 7. 8. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-28 REVISION NUMBER: PAGE: 08/01/13 2 of 3 a. b. c. d. PATROL SUPERVISOR (continued) 9. 10. Cash and jewelry Valuables which are readily removable Licenses, social security card and other documents of identification Wills, codicils, cemetery deeds, insurance policies, bank books, stock and bond certificates, other assets and safe deposit keys e. Other important property/documents. Assign uniformed member to safeguard body and premises until body is removed by an authorized person and certify accuracy of reporting officer’s ACTIVITY LOG entries by signing rank and name. Enter pertinent facts in ACTIVITY LOG. 11. 12. Enter details in ACTIVITY LOG, including complete list of property removed. Deliver following items to desk officer: a. All property b. Key to premises (including key to police lock if one was used) c. PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) containing itemized list of property, including key to premises. (1) Note on WORKSHEET if key to premises was given to a member of the service to guard body, if applicable. DESK OFFICER 13. 14. Check property against PROPERTY CLERK INVOICE WORKSHEET. Ascertain that key to premises is itemized on the WORKSHEET. a. Indicate why, if not entered. b. Ensure key to premises given to member of the service is delivered to Property Clerk Division with other property of deceased, if applicable. Make Command Log entry of circumstances concerning property. Instruct command clerk to enter WORKSHEET into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE. Give “Invoicing Officer” copy of INVOICE to member delivering property to stationhouse. Forward property of deceased with “Property Clerk” copy of INVOICE to appropriate Property Clerk facility without delay. Request Operations Unit to notify the Public Administrator concerned that: a. Deceased has no known next of kin, OR b. Next of kin cannot be notified. Have SEAL FOR DOOR OF D.O.A. PREMISES (PD517-120) prepared. a. DO NOT seal door if it is determined that a co-occupant resided in the premises with the deceased. Direct that SEAL FOR DOOR OF D.O.A. PREMISES be pasted across door and doorjamb of premises after body is removed, if appropriate. UNIFORMED MEMBER CONCERNED 15. 16. 17. 18. 19. 20. 21. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-28 MEMBER SAFEGUARDING BODY/ PREMISES REVISION NUMBER: PAGE: 08/01/13 22. 23. 24. 25. DESK OFFICER 26. 3 of 3 Remain with body until it is removed by morgue personnel or authorized undertaker. Obtain receipt on IDENTIFICATION TAG (PD317-091). Secure premises when leaving and paste SEAL FOR DOOR OF D.O.A. PREMISES across door and door jamb, if appropriate. Deliver key for premises and receipt for body to desk officer. Permit person to enter premises to obtain clothing to bury the deceased, if the deceased lived alone and the door has been sealed. a. Direct a uniformed member to accompany person and replace the SEAL FOR DOOR OF D.O.A. PREMISES with a new seal. PROPERTY NOT YET FORWARDED TO THE PROPERTY CLERK DIVISION AND REPRESENTATIVE OF THE PUBLIC ADMINISTRATOR IS PRESENT. DESK OFFICER 27. 28. 29. 30. 31. 32. 33. 34. ADDITIONAL DATA FORMS AND REPORTS Request representative of the Public Administrator to produce valid identification. a. Photocopy identification. Check property/vehicle against PROPERTY CLERK INVOICE. Request claimant examine security lead seal and/or Plastic Security Envelope and check against number entered on INVOICE (if seal or envelope is used), prior to breaking seal or opening envelope. Complete the “Release/Disposition – Return to Owner” function utilizing the Property and Evidence Tracking System. a. Have claimant sign utilizing the digital signature capture device. Approve delivery of property/vehicle utilizing username and password. Issue property, print and give “Prisoner/Finder/Owner” copy of INVOICE to representative of the Public Administrator. Forward “Property Clerk” copy of INVOICE and photocopy of the Public Administrator identification to appropriate Property Clerk facility. Refer person seeking release of decedent’s property to Surrogate’s Court of county where deceased lived and give such persons PROPERTY CLERK INVOICE number and location and telephone number of the borough office of the Property Clerk Division. a. Inform person that if deceased was not a resident of New York State, the Surrogate’s Court of the county in which the property is located has jurisdiction over the release of the descendant’s property. OPERATIONAL CONSIDERATIONS When an aided person is pronounced dead at a hospital, the assigned member will witness the search of the deceased by hospital authorities, record property removed in ACTIVITY LOG and sign hospital property record as witness. ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) IDENTIFICATION TAG (PD317-091) SEAL FOR DOOR OF D.O.A. PREMISES (PD517-120) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-29 INVOICING PROPERTY REMOVED FROM PAROLEE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To invoice and safeguard property removed from a parolee by an officer of the New York State Division of Parole in non-arrest situations. PROCEDURE When an officer of the New York State Division of Parole delivers property removed from a parolee in non-arrest situations: DESK OFFICER 1. 2. 3. 4. 5. Ascertain if property was obtained within the confines of the precinct. a. Direct parole officer to deliver property to the precinct concerned, if property was obtained within another precinct. Have the parole officer prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). Direct the command clerk to enter parole officer’s WORKSHEET into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). Comply with P.G. 218-01, “Invoicing Property – General Procedure.” Print and give “Invoicing Officer” copy of PROPERTY CLERK INVOICE to the parole officer. RELATED PROCEDURE Invoicing Property – General Procedure (P.G. 218-01) FORMS AND REPORTS PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-30 INVOICING PROPERTY TAKEN FROM A PERSON’S POSSESSION DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure that persons from whose possession property has been taken by the Department are afforded ample notice as to the necessary steps to reclaim property or to circumstances under which the property may not be returned. DEFINITION CONTRABAND - Means property, the mere possession of which is prohibited under federal, state or local law. Property shall not be deemed to be contraband merely because it may be suspected or is believed to be unlawfully obtained, stolen, or the proceeds or instrumentality of a crime. PROCEDURE When non-contraband property is removed from the person or possession of any individual, and taken into police custody for any reason: INVOICING MEMBER 1. 2. 3. 4. 5. 6. 7. 8. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521141A) for items removed. a. DO NOT enter complainant information on WORKSHEET. Inform the person that he or she may examine the WORKSHEET for accuracy as to the property listed. Complete WORKSHEET by entering the complainant information after person has examined WORKSHEET for accuracy. Inform the person that he or she is entitled to a copy of PROPERTY CLERK INVOICE (PD521-141). a. Ask person if he or she will accept copy of INVOICE. b. Make appropriate selection for acceptance or refusal while entering WORKSHEET into the Property and Evidence Tracking System. Inform the person that if additional property was taken or if the property was erroneously invoiced, this fact may be indicated in the “Remarks” section of the PROPERTY CLERK INVOICE. Indicate in the “Remarks” section of the PROPERTY CLERK INVOICE concurrence or disagreement with the person’s statement as it relates to the itemized list of property. Give the “Prisoner/Finder/Owner” copy of the PROPERTY CLERK INVOICE to the person regardless of whether the property has been denominated “Arrest Evidence” or otherwise, and regardless of whether it relates to an arrest occurring prior to, simultaneous with, or subsequent to the taking of the property. Provide the person with a copy of the Department form, entitled NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT (PD521-124), in addition to the “Prisoner/Finder/Owner” copy of the PROPERTY CLERK INVOICE. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-30 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 9. 10. 11. 2 of 2 Ensure that the invoicing officer has complied with the above provisions. Make a Command Log entry specifying that the person received both the “Prisoner/Finder/Owner” copy of the PROPERTY CLERK INVOICE and the NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT. a. Indicate in Command Log if one or both documents were refused by the person, specifying the circumstances of the refusal. Offer a copy of the NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT to any person requesting information about property in the possession (or possibly in the possession) of the Property Clerk. PROPERTY CLERK DIVISION MEMBER 12. Offer a copy of the NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT to any person appearing at a Property Clerk Division facility requesting information about property in the possession (or possibly in the possession) of the Property Clerk. ADDITIONAL DATA LEGAL CONSIDERATIONS These provisions are the result of a court order. Noncompliance of this procedure could place the Department in contempt of court. It is incumbent upon desk officers to ensure that persons from whom property is taken into custody receive their copies of the PROPERTY CLERK INVOICE as well as a copy of the NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT. FORMS AND REPORTS PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT (PD521-124) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-31 PROCESSING COMPUTER EVIDENCE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To process and safeguard computer related evidence coming into the custody of this Department. DEFINITIONS CENTRAL PROCESSING UNIT (CPU) - A box shaped unit that houses the computer’s internal hard drive, memory and central processor, commonly referred to as the “brains” of the computer. The CPU processes all of the work done by the computer, and usually is the terminus for all associated cables. The CPU generally has a numeric descriptor (i.e., 386, 486, Pentium, etc.), which represents the computing power of the unit. MONITOR - The television type instrument on which the operations and output of the computer are displayed. KEYBOARD - An input device resembling a typewriter. MOUSE - A pointing device, which is also used to control the actions of the computer. It is connected to the CPU by way of a cable, and because of its shape and “tail,” is commonly referred to as a “mouse.” PRINTER - Another output device that will print, similar to a typewriter, pages from the CPU. Many different types of printers exist, including dot matrix, inkjet, and laser printers. PERIPHERALS - There are other types of devices, which can be connected to a computer, for example, scanners, tape drives, modems, speakers, sound cards, etc. In addition, there are other types of electronic equipment that can store valuable evidentiary information. These include personal digital assistants, pocket organizers, and lap top computers. SCOPE The Computer Crimes Squad will provide technical assistance in properly securing computer evidence, conducting computer forensic examinations and preparing warrants. The Computer Crimes Squad will make a determination as to whether a response to the scene is required, based on the totality of circumstances presented in each case. PROCEDURE Whenever a uniformed member of the service seizes, or expects to seize, evidence consisting of a computer used to commit a crime, or the computer is suspected of being a device that stores evidence. UNIFORMED MEMBER OF THE SERVICE 1. Notify the Computer Crimes Squad between 0600 and 2000 hours, Monday through Friday. a. At all other times, contact the Office of the Chief of Detectives. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-31 UNIFORMED MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 08/01/13 2. 3. 4. 5. 6. 7. 8. 2 of 4 Collect all relevant evidence. Properly mark all computer evidence. a. Affix identifiable mark to hardware (i.e., monitor, CPUs, printers, etc.). b. Label items to indicate which peripherals were connected together (i.e., Monitor 1, CPU 1, Keyboard 1), and tag all wires indicating which peripheral they were attached to and their terminus. c. Count and package similar floppy disks (i.e., 3.5”, 5.25”, tapes, etc.) in paper envelopes and have them itemized on PROPERTY CLERK INVOICE (PD521-141). However, do not remove any floppy disks, compact disks, or any other such items from computer’s disk drives. These items will be secured in the drives by affixing a strip of masking tape across the drive’s opening. The invoicing officer will initial the masking tape. The “Remarks” section of the INVOICE will contain a statement concerning the presence or absence of a disk in any of the computer’s drives. (1) Plastic Security Envelopes should NOT be used to package floppy disks because they can cause a discharge of static electricity, which can destroy data on the disk. In addition, DO NOT write on floppy disks using ballpoint pens because doing so can result in the destruction of data. Utilize labels or felt tip markers. Invoice computers, floppy disks and related peripherals, which are to be delivered to the Computer Crimes Squad for examination, separately from other property being invoiced. a. Non-computer items are to be processed in conformance with existing Department guidelines. Deliver “Property Clerk” copy of INVOICE with computer evidence to the Computer Crimes Squad. a. Distribute remaining copies of INVOICE as per instructions in the Property and Evidence Tracking System. Attach copy of search warrant to INVOICES being delivered to the Computer Crimes Squad, if applicable. Prepare REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) utilizing the Property and Evidence Tracking System. a. Complete all captions, and include under “Remarks:” (1) A clear description of incident (2) What crime is alleged (3) Where the evidence was seized from (4) What part the computer played in the offense charged (5) What type of information is being sought from the Computer Crimes Squad relative to the forensic examination of evidence. Sign REQUEST FOR LABORATORY EXAMINATION REPORT by utilizing user name and password, and insert a “CITU” Forensic Laboratory Number utilizing the “Update” function in the Property and Evidence Tracking System. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-31 3 of 4 a. 9. 10. 11. 12. 13. ADDITIONAL DATA PAGE: 08/01/13 UNIFORMED MEMBER OF THE SERVICE (continued) MEMBER ASSIGNED/ COMPUTER CRIMES SQUAD REVISION NUMBER: Type “Delivered to the Computer Crimes Squad” under caption “Laboratory Use Only”. b. File one copy with completed forensic report and file one copy with property. Utilize Property and Evidence Tracking System to create PROPERTY TRANSFER REPORT (PD521-1412). Present PROPERTY TRANSFER REPORT when delivering computer evidence to the Computer Crimes Squad. Compare property delivered against PROPERTY TRANSFER REPORT and INVOICE and, if accurate confirm acceptance of property in the Property and Evidence Tracking System. Forward copy of forensic report to submitting officer, upon completion of forensic examination. Arrange for the delivery of property to the Property Clerk upon completion of the forensic examination, utilizing the PROPERTY TRANSFER REPORT. OPERATIONAL CONSIDERATIONS Members of the service will not search any hard drives, floppy disks, CD-ROMS or other data storage devices. These items will be examined only by members assigned to the Computer Crimes Squad. Members of the service should be aware that searching directories, or perusing the computer’s hard drive, may inadvertently alter or destroy important evidence. The computer, recovered at a crime scene, may be a valuable source of evidence. To protect the evidence, and to ensure that the information retrieved from the computer can be introduced in court, the following guidelines must be followed: Safeguard the computer’s evidence; do not touch the keyboard, or search the hard drive, or execute any of the programs at the scene. If a modem or other telecommunications device is attached to the computer, unplug the telephone cord from the wall jack immediately to prevent access to the computer and possible destruction of evidence. If you must power the system off, do not use the on/off switch. Unplug the computer from the wall outlet only. Prior to removing the plug from the outlet, photograph the monitor screen. When transporting, be aware that data, stored on computers and floppy disks, is extremely sensitive and can be easily damaged. Package these items carefully to avoid inadvertent damage. Do not write on floppy disks with ballpoint pens. Use labels or felt tip markers. Do not place floppy disks in plastic security envelopes. This could cause a discharge of static electricity and damage the data on the disk. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-31 ADDITIONAL DATA (continued) FORMS AND REPORTS REVISION NUMBER: PAGE: 08/01/13 4 of 4 Keep disks and peripherals away from extreme heat and/or changes in temperature. Do not transport computer evidence in department vehicle trunks which are equipped with radio transceivers. Do not expose computer evidence to any device that emits a magnetic field (i.e., portable radios, car radio, speakers, etc.). Members of service with questions concerning the seizing, packaging or transporting of computer related evidence may contact the Computer Crimes Squad from 0600 to 2000 hours, Monday through Friday or the Office of the Chief of Detectives. PROPERTY TRANSFER REPORT (PD521-1412) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-32 PROCESSING ALCOHOL SEIZED IN ABC LAW VIOLATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To process alcohol seized as evidence in Alcohol Beverage Control (ABC) Law violations. PROCEDURE When alcohol is seized as evidence in ABC Law violations: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. DESK OFFICER 7. 8. 9. 10. Take photograph of entire seizure at time and place of occurrence. Deliver alcohol seized to precinct of occurrence. Mark on the rear of photograph taken of seizure using a rubber stamp, if available: a. Date, place of seizure, and precinct of occurrence b. Defendant’s name and arrest number c. PROPERTY CLERK INVOICE number and number(s) of any related PROPERTY CLERK INVOICES d. Identity and signature of member who took photograph. Select a representative sample from the seizure, preferably a sealed bottle, for analysis. a. Only one sample is required regardless of the quantity of bottles, etc., seized. Prepare PROPERTY CLERK INVOICE WORKSHEET and REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) for sample(s) to be analyzed. a. List photograph of seizure as an “Item” on WORKSHEET that lists representative sample(s). Prepare a separate PROPERTY CLERK INVOICE WORKSHEET for the remainder of the seizure and make a notation on WORKSHEET to read: “Delivered for Destruction.” a. Cross-reference both WORKSHEETS prepared. Review PROPERTY CLERK INVOICE WORKSHEET(S) prepared to ensure accuracy of seizure. a. Ensure photograph has been properly marked as per step “3.” Direct the entering of the PROPERTY CLERK INVOICE WORKSHEET and REQUEST FOR LABORATORY EXAMINATION REPORT (if prepared) into Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). Attach two copies of PROPERTY CLERK INVOICE and two copies of REQUEST FOR LABORATORY EXAMINATION REPORT to evidence and place in command property locker. Make arrangements for the delivery of evidence to the borough Property Clerk Office. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-32 REVISION NUMBER: PAGE: 08/01/13 2 of 3 WHEN NOTIFIED THAT CHEMICAL ANALYSIS IS REQUIRED FOR COURT: 11. Notify the desk officer, command of occurrence, immediately and provide the following information: a. PROPERTY CLERK INVOICE number b. Date of seizure c. Date of next court appearance. DESK OFFICER 12. Immediately notify the Police Laboratory that a chemical analysis is required. a. Enter identity of person notified in the Telephone Record. COMMANDING 13. OFFICER, 14. POLICE LABORATORY Direct messenger to pickup alcohol evidence at the borough Property Clerk Office concerned. Have evidence analyzed and a POLICE LABORATORY ANALYSIS REPORT (PD521-151) prepared and delivered to court concerned. UNIFORMED MEMBER OF THE SERVICE ADDITIONAL DATA OPERATIONAL CONSIDERATIONS The Deputy Commissioner, Legal Matters has authorized members of the Property Clerk Division to destroy seized alcoholic beverages prior to final dispositions of related criminal actions. However, to satisfy legal requirements, uniformed members of the service must retain a representative sample of each seizure in addition to taking a photograph of all seized alcoholic beverages at time and place of occurrence. Alcohol seized as evidence WILL ONLY be forwarded to the Police Laboratory for chemical analysis when required for court presentation. The Police Laboratory requires a minimum of three days to analyze alcohol and prepare a report. This procedure does not apply to: a. Alcoholic beverages seized from peddlers within the purview of the Environmental Control Board - comply with provisions of P.G. 209-12, “Environmental Control Board Notice of Violation and Hearing - General Procedure.” b. Sale of Alcoholic Beverages During Prohibited Hours - i.e., actual alcoholic drink served - comply with P.G. 209-16, “Service of a Summons - Special Procedures.” Members are reminded that a PROPERTY CLERK INVOICE will not exceed twenty line items if the INVOICE is being sent or has the potential to be sent to the Police Laboratory for laboratory analysis. RELATED PROCEDURES Arrest of Child Unlawfully in Certain Licensed Premises (P.G. 215-11) Invoicing Property - General Procedure (P.G. 218-01) Police Action in Premises (Licensed or Unlicensed) Where Alcoholic Beverages Are Sold (P.G. 214-34) Environmental Control Board Notice of Violation and Hearing - General Procedure (P.G. 209-12) Service of a Summons - Special Procedures (P.G. 209-16) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-32 FORMS AND REPORTS DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 POLICE LABORATORY ANALYSIS REPORT (PD521-151) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-33 PROCESSING SEXUAL OFFENSE COLLECTION KITS IN SEX OFFENSE CASES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To ensure that sexual offense evidence collection kits and other sexual offense evidence are properly forwarded to the Evidence Unit of the Office of the Chief Medical Examiner or the Property Clerk for processing. DEFINITIONS SEXUAL OFFENSE - for the purpose of this procedure, a sexual offense will be one of the following New York State Penal Law crimes: a. Rape b. Criminal Sexual Act c. Aggravated Sexual Abuse d. Sexual Abuse e. Sexual Misconduct. SEXUAL OFFENSE EVIDENCE COLLECTION KIT - a kit used by physicians in hospitals to gather evidence from a victim of a sex offense. The kit is used to standardize the collection and processing of evidence in sex crime cases. The kit contains slides, swabs, test tubes and envelopes to collect evidence. DRUG FACILITATED SEXUAL ASSAULT BLOOD AND URINE SPECIMEN COLLECTION KIT – a kit used to gather evidence from a victim of a sex offense when it is suspected that the victim was drugged. The kit is composed of two gray-topped blood tubes and a urine container for the collection of specimens. SEXUAL OFFENSE EVIDENCE - (not including the sexual offense evidence collection kit or drug facilitated sexual assault blood and urine specimen collection kit) is defined for this procedure as being bloodstains, serology, body fluids and/or other biological evidence (e.g., clothing, bedding, undergarments, etc.) to be analyzed for the purpose of obtaining a DNA profile. PROCEDURE Upon arrival at the scene of a reported sexual offense: UNIFORMED MEMBER OF THE SERVICE 1. 2. Remove victim to the appropriate hospital as per existing Department procedures. Take possession of the Sexual Offense Evidence Collection Kit and/or the Drug Facilitated Sexual Assault Blood and Urine Specimen Collection Kit, if used, and all other sexual offense evidence (e.g., clothing, undergarments, etc.) upon completion of medical examination by attending medical personnel. a. Take possession of any other evidence-gathering container used by hospital personnel, if a Sexual Offense Evidence Collection Kit is unavailable. Process the evidence-gathering container in accordance with this procedure. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-33 UNIFORMED MEMBER OF THE SERVICE (continued) PAGE: 08/01/13 3. 4. DESK OFFICER 5. 6. 7. 8. 9. 10. 11. 12. 13. ASSIGNED INVESTIGATOR REVISION NUMBER: 14. 2 of 3 Ensure that attending physician’s and complainant’s names are entered in the appropriate caption on the top of the Sexual Offense Evidence Collection Kit, and sign for evidence in the appropriate caption. a. When the Sexual Offense Evidence Collection Kit is sealed by hospital personnel, THE SEAL SHALL NOT BE BROKEN by a member of this Department EXCEPT authorized personnel. Remove evidence to the precinct of occurrence and prepare COMPLAINT REPORT WORKSHEET (PD313-152A) and PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). Direct the preparation of PROPERTY CLERK INVOICE(S) (PD521141) utilizing the Property and Evidence Tracking System based on WORKSHEET(S) provided. a. An individual PROPERTY CLERK INVOICE will be prepared for the Sexual Offense Evidence Collection Kit. A separate PROPERTY CLERK INVOICE will be prepared for any other sexual offense evidence. Direct the preparation of a REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) utilizing the Property and Evidence Tracking System. Direct the preparation of a COMPLAINT REPORT (PD313-152). Ensure that the INVOICE and COMPLAINT REPORT numbers, and arrest numbers, if any, are entered on the cover of the Sexual Offense Evidence Collection Kit. Direct the delivery of the Sexual Offense Evidence Collection Kit(s), and a copy of the COMPLAINT REPORT, to the Police Laboratory. Direct the delivery of other sexual offense evidence, EXCEPT FIREARMS, IMMEDIATELY to the Property Clerk, if a Sexual Offense Evidence Collection Kit or evidence gathering container was used at the hospital AND there is other sexual offense evidence. Direct the delivery of other sexual offense evidence, EXCEPT FIREARMS, and a copy of the COMPLAINT REPORT, to the Police Laboratory, in all sexual offense cases, if no Sexual Offense Evidence Collection Kit or evidence gathering container was used at the hospital. Comply with P.G. 218-49, “Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of Chief Medical Examiner” when Sexual Offense Evidence Collection Kits(s) or any other sexual offense evidence is associated with a “high priority” case. Follow procedures outlined in P.G. 218-23, “Processing Firearms and Firearm-Related Evidence,” if the other sexual offense evidence is a firearm. Immediately notify the NYPD OCME Liaison Unit of all unfounded cases. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-33 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 OPERATIONAL CONSIDERATIONS There is no medical or legal reason for a uniformed member of the service, male or female, to be present in the examining room during the medical examination or evidence collection procedure. Maintenance of the chain of custody of the evidence during the examination is the sole responsibility of attending medical personnel. If the sexual offense occurred within the previous seventy-two hours, a Sexual Offense Evidence Collection Kit should be used. Not all hospitals may use Sexual Offense Evidence Collection Kits. In such cases, take possession of any other evidence gathering container used and process in accordance with this procedure. A Drug Facilitated Sexual Assault Blood and Urine Specimen Collection Kit will be utilized for the collection of blood and urine when it is suspected that the victim of a sexual assault was drugged. This kit is separate from the Sexual Offense Evidence Collection Kit. The kit is composed of two gray-topped blood tubes and a urine container for the collection of specimens, and must be vouchered, on a separate PROPERTY CLERK INVOICE, with a separate REQUEST FOR LABORATORY EXAMINATION REPORT (for toxicology). If a UMOS suspects a drug facilitated sexual assault based on victim or witness statements or other evidence, inform hospital personnel and request that a kit be used. Hospital personnel will collect the blood and urine for the kit when it is suspected that it is drug facilitated, within 96 hours of when the victim last remembers having a drink. The blood and urine collected in these kits will degenerate after 24 hours, so immediate delivery to the Police Laboratory and the Office of the Chief Medical Examiner, Evidence Unit is imperative. Members will ensure a copy of the COMPLAINT REPORT is sent to the Police Laboratory with a Sexual Offense Evidence Collection Kit or any other sexual offense evidence. The Police Laboratory will not accept a Sexual Offense Evidence Collection Kit or any other sexual offense evidence without a copy of the COMPLAINT REPORT. Members are reminded that a PROPERTY CLERK INVOICE will not exceed twenty line items if the INVOICE is being sent or has the potential to be sent to the Police Laboratory for laboratory analysis. RELATED PROCEDURES Processing Firearms and Firearm-Related Evidence (P.G. 218-23) Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of Chief Medical Examiner (P.G. 218-49) FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-34 PROPERTY OF THE DIVISION OF THE LOTTERY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To safeguard and return property belonging to the Division of the Lottery. DEFINITION PROPERTY OF THE DIVISION OF LOTTERY - includes tickets, deposit boxes, licenses and lottery proceeds. PROCEDURE Upon obtaining property belonging to the Division of the Lottery: UNIFORMED MEMBER OF THE SERVICE 1. 2. DESK OFFICER 3. 4. 5. 6. 7. 8. 9. Enter facts in ACTIVITY LOG (PD112-145). Deliver property to desk officer. Notify New York State Tax Office of recovery. a. Notify New York State Tax Office at 0900 hours the next business day, if property is recovered during off-business hours. Ensure property is invoiced for “Safekeeping” as per P.G. 218-01, “Invoicing Property – General Procedure.” Safeguard property in command until property is picked up by a Division of the Lottery representative. a. DO NOT forward property to Property Clerk Division. Verify identity of Division of the Lottery representative claiming property. Make entry in PROPERTY LOG (PD521-147) to account for any PROPERTY CLERK INVOICE (PD521-141) prepared. Complete the “Release/Disposition – Return to Owner” function utilizing the Property and Evidence Tracking System. a. Have a claimant sign utilizing the digital signature capture device. Deliver property and “Prisoner/Finder/Owner” copy of INVOICE to representative. COMMAND CLERK 10. Forward “Property Clerk” copy of INVOICE and photocopy of Division of Lottery representative’s identification to the appropriate Property Clerk facility. RELATED PROCEDURE Invoicing Property – General Procedure (P.G. 218-01) FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE (PD521-141) PROPERTY LOG (PD521-147) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-35 PROCESSING CURRENCY REQUIRED AS EVIDENCE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To record, process and safeguard currency required as evidence. DEFINITION NUMISMATIC/SENTIMENTAL VALUE - includes all gold coins, all U.S. silver coins bearing date of 1964 or prior and extremely old bills. In addition, when determining numismatic/sentimental value, members should be guided by the circumstances under which the currency was found (e.g., location, type of packaging, special markings, encased in frames or books, etc.). If doubt exists, such currency will be deemed to have numismatic/sentimental value. Currency with numismatic/sentimental value will not be deposited in a bank. PROCEDURE When currency required as evidence is seized: UNIFORMED MEMBER OF THE SERVICE 1. 2. Inform desk officer of details. Count currency in presence of desk officer. DESK OFFICER 3. Ensure currency is marked with evidence stamp labeled, “Evidence Notify N.Y.C. Police Department Property Clerk Division” except for the following: a. Currency with numismatic or sentimental value b. Currency that must remain unaltered (treated with dye, fluorescent powder, or marked) c. Foreign currency d. Blood stained currency. UNIFORMED MEMBER OF THE SERVICE 4. Perform the following under the supervision of the desk officer: a. Stamp and initial face of each bill as directed by desk officer b. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521141A). (1) If currency is marked with evidence stamp, list each denomination as separate item and indicate quantity of each denomination (2) List each denomination of UNSTAMPED bills and respective serial number as separate item and indicate quantity of each item (3) Verify amount listed on PROPERTY CLERK INVOICE WORKSHEET, insert currency in serially numbered/barcoded Plastic Security Envelope and seal (4) Complete entries in PROPERTY LOG (PD521-147), using one space to account for all Plastic Security Envelopes or Jewelry Security Envelopes listed on the same PROPERTY CLERK INVOICE WORKSHEET, if possible. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-35 REVISION NUMBER: PAGE: 08/01/13 2 of 2 5. 6. Enter facts in ACTIVITY LOG (PD112-145). Deliver currency and PROPERTY CLERK INVOICE WORKSHEET to desk officer. DESK OFFICER 7. 8. Check accuracy of PROPERTY CLERK INVOICE WORKSHEET. Ensure PROPERTY CLERK INVOICE WORKSHEET is entered into the Property and Evidence Tracking System to generate PROPERTY CLERK INVOICE (PD521-141). Digitally sign PROPERTY CLERK INVOICE verifying accuracy and completeness. Have “Invoicing Officer” copy of PROPERTY CLERK INVOICE printed and deliver to invoicing officer as receipt. Safeguard currency pending delivery to Property Clerk. UNIFORMED MEMBER OF THE SERVICE (continued) 9. 10. 11. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS If the currency being invoiced is not stamped by arresting/assigned officer, the name and rank of officer stamping bills will be entered under the “Remarks” section. Currency will be perforated ONLY by Property Clerk personnel at Property Clerk facilities. Stamped or perforated currency will NEVER be returned to a claimant or deposited in the Property Clerk’s account in any bank under any circumstances. This currency will be forwarded to the Property Clerk, who will arrange for reimbursement of the claimant. In instances when currency is to be delivered to the Police Laboratory, the currency should be placed in a manila envelope and sealed in a normal manner. In addition, the invoicing officer will sign name, shield number, command and date across seal. Mutilated currency (marked with fluorescent powder, treated with dye, blood stained, etc.) will be placed in a plastic security envelope marked “MUTILATED CURRENCY – CONTAINS STAINED MATERIAL – USE CARE IN HANDLING.” Such currency will be forwarded to the Property Clerk for redemption. a. Should there be a need for laboratory analysis, then the currency should be placed in a manila envelope, sealed in a normal manner and marked “MUTILATED CURRENCY – CONTAINS STAINED MATERIAL – USE CARE IN HANDLING.” In addition, the invoicing officer will sign name, shield number, command and date across seal. RELATED PROCEDURES Invoicing Property – General Procedure (P.G. 218-01) Processing Non-Evidence Currency (P.G. 218-36) FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY LOG (PD521-147) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-36 PROCESSING NON-EVIDENCE CURRENCY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To process currency not required as evidence. DEFINITION NUMISMATIC/SENTIMENTAL VALUE - includes all gold coins, all U.S. silver coins bearing date of 1964 or prior and extremely old bills. In addition, when determining numismatic/sentimental value, members should be guided by the circumstances under which the currency was found (e.g., location, type of packaging, special markings, encased in frames or books, etc.). If doubt exists, such currency will be deemed to have numismatic/sentimental value. Currency with numismatic/sentimental value will not be deposited in a bank. PROCEDURE When non-evidence currency (e.g., property of DOA or found property), that does not have numismatic/sentimental value, comes into the possession of a uniformed member of the service: UNIFORMED MEMBER OF THE SERVICE 1. DESK OFFICER 4. 2. 3. 5. 6. 7. 8. 9. 10. 11. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A), as appropriate. Make entry in ACTIVITY LOG (PD112-145). Deliver PROPERTY CLERK INVOICE WORKSHEET and currency to desk officer. Verify accuracy and completeness of PROPERTY CLERK INVOICE WORKSHEET. Ensure PROPERTY CLERK INVOICE WORKSHEET is entered into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). a. Enter PROPERTY CLERK INVOICE number and plastic deposit bag serial number on all copies of deposit slip. b. Complete entries in PROPERTY LOG (PD521-147), using one space to account for all Plastic Security Envelopes or Jewelry Security Envelopes listed on the same INVOICE, if possible. Prepare and sign deposit slip. Direct invoicing officer to place currency into plastic deposit bag. a. Currency and last copy of deposit slip will be placed into larger pocket of deposit bag. b. Remaining parts of deposit slip will be placed into smaller pocket of deposit bag. Remove protective strip, exposing the adhesive, and seal the plastic deposit bag. Remove detachable receipt on the flap of the deposit bag, listing the deposit bag’s pre-printed serial number and attach it to the PROPERTY CLERK INVOICE. Place copy of PROPERTY CLERK INVOICE in a separate folder to be maintained at desk, if no other property is involved. Have PROPERTY TRANSFER REPORT (PD521-1412) prepared utilizing the Property and Evidence Tracking System. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-36 REVISION NUMBER: PAGE: 08/01/13 2 of 3 COMMAND MESSENGER 12. Prepare PROPERTY TRANSFER REPORT, utilizing the Property and Evidence Tracking System and digitally sign REPORT. DESK OFFICER 13. Digitally sign PROPERTY TRANSFER REPORT verifying accuracy and completeness. Direct command messenger, accompanied by another uniformed member of the service or Evidence/Property Control Specialist, to deliver deposit bag to local Department authorized bank and utilize the night deposit vault, at all times. a. Direct both members to examine chute to ensure deposit bag(s) has dropped. b. Direct uniformed member(s) of the service to make appropriate ACTIVITY LOG entries. Make entry in Command Log, including: a. PROPERTY CLERK INVOICE serial number b. Serial number(s) of plastic deposit bag(s) c. Total amount to be deposited d. Rank, names and shield numbers of those uniformed members of the service delivering currency to night depository, and name of Evidence/Property Control Specialist (if appropriate). Ensure that a uniformed member of the service performing duty with the second platoon is assigned to retrieve deposit slip on the next business day. 14. 15. 16. UNIFORMED MEMBER ASSIGNED 17. DESK OFFICER 19. 18. 20. 21. EVIDENCE/ PROPERTY CONTROL SPECIALIST/ DESIGNATED UNIFORMED MEMBER OF THE SERVICE 22. Retrieve deposit slip(s) and record receipt of deposit slip(s) and PROPERTY CLERK INVOICE number(s) in ACTIVITY LOG. Present receipted deposit slip(s) to desk officer. Attach two copies of receipted deposit slips to Property Clerk copy of PROPERTY CLERK INVOICE. Enter in Command Log: a. Return of receipted deposit slips b. INVOICE serial number. Retain “Property Clerk” copy of PROPERTY CLERK INVOICE, with deposit slips attached, for delivery to appropriate Property Clerk borough office. Conduct “Deposit Slip Confirmation” utilizing the Property and Evidence Tracking System verifying the amount listed on PROPERTY CLERK INVOICE matches the amount deposited by local Department authorized bank. a. If there is a discrepancy between the amount listed on the PROPERTY CLERK INVOICE and amount local Department authorized bank listed on deposit slip: (1) Ascertain reason for discrepancy as noted by bank and enter correct amount(s) in the corresponding section. (2) Notify desk officer regarding reason for discrepancy and list notification in the “Remarks” section. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-36 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 23. 3 of 3 Notify Internal Affairs Bureau Command Center, if deposit slip discrepancy is due to a possible act of misconduct. a. Make Command Log entry regarding notification (e.g., IAB log number, INVOICE number, etc.) PROCESSING NON-EVIDENCE CURRENCY WITH POSSIBLE NUMISMATIC/ SENTIMENTAL VALUE UNIFORMED MEMBER OF THE SERVICE 24. 25. 26. DESK OFFICER 27. ADDITIONAL DATA Comply with P.G. 218-01, “Invoicing Property – General Procedure” when invoicing non-evidence currency with possible numismatic/sentimental value. Indicate on PROPERTY CLERK INVOICE under “Remarks” possible numismatic/sentimental value. a. Itemize coins by quantity. b. DO NOT enter any monetary value in “Cash Value” column. Place currency in serially numbered plastic security envelope and comply with pertinent provisions of P.G. 218-10, “Using Security Lead Seals or Plastic Security Envelopes”. Ensure currency with numismatic/sentimental value is delivered to the Property Clerk as per P.G. 218-03, “Delivery of Property Other Than Vehicle/Boat to Property Clerk.” a. DO NOT deposit currency with numismatic/sentimental value into bank. OPERATIONAL CONSIDERATIONS In the event of seizures of large amounts of currency by any command citywide, which contains more than two thousand bills, a notification to the Property Clerk Division will be made for special counting and deposit procedures. All deposits into Department authorized banks are made on a “subject to count” basis. Should the authorized bank discover a discrepancy, the bank will notify the Commanding Officer, Property Clerk Division. Upon such notification, the Property Clerk Division Investigations Unit will notify the Internal Affairs Bureau. RELATED PROCEDURES Invoicing Property - General Procedure (P.G. 218-01) Processing Currency Required as Evidence (P.G. 218-35) Delivery of Property Other Than Vehicle/Boat to Property Clerk (P.G. 218-03) Using Security Lead Seals or Plastic Security Envelopes (P.G. 218-10) FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY LOG (PD521-147) PROPERTY TRANSFER REPORT (PD521-1412) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-37 HANDLING OF RED DYE MARKED CURRENCY AND INTACT "EXPLODING" CURRENCY PACKETS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To safely handle red dye marked currency or intact “exploding” currency packets. PROCEDURE When currency marked with a red dye must be handled or an intact “exploding” currency packet is found: UPON LOCATING AN INTACT PACKET OF CURRENCY UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. DO NOT handle the packet. Evacuate the immediate area. Request the patrol supervisor, Emergency Services Unit and Bomb Squad to respond. HANDLING OF RED DYE MARKED CURRENCY UNIFORMED MEMBER OF THE SERVICE 4. 5. 6. 7. Wear disposable gloves. Work in a ventilated area. Wash hands thoroughly after handling currency. Indicate clearly on PROPERTY CLERK INVOICE (PD521-141) and Plastic Security Envelope that currency may be contaminated with CS Tear Gas. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Members of the service responding to a bank robbery, or discovering a packet of banded currency thereafter, should consult with bank employees to determine if an “exploding” money packet was passed. Do not open property envelopes containing contaminated currency unless absolutely necessary. Sealed plastic envelopes prevent dissipation of contaminated residue. Therefore, follow safety precautions if the envelope must be opened, even after long periods of time have elapsed. Exploding currency packets release tear gas, which may result in contamination of persons and clothing to varying degrees. Since tear gas adheres to clothing, persons exposed to the gas may contaminate others in their proximity. Therefore, all persons exposed to the gas should be isolated from public contact, if possible, and afforded necessary treatment, including medical evaluation, when indicated. FIRST AID PROCEDURES FOR EXPOSURE SKIN Remove the affected persons from the contaminated area to an open, upwind position. Remain calm and restrict activity. Major discomfort should disappear in fifteen to thirty minutes. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-37 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 2 of 2 If stinging or burning sensation on moist skin areas occurs, sit and remain quiet to reduce sweating. Expose affected areas to the air. In cases of gross contamination: a. b. c. d. e. Remove all contaminated clothing immediately Irrigate affected areas with copious amounts of water (at least two liters) Wash with soap and water to remove all residue Washable clothing may be laundered with soap and water Non-washable clothing may be air dried for a two-day period. EYES If there is burning sensation of the eyes, heavy flow of tears, or involuntary closing of eyes, keep eyes open, facing wind. DO NOT rub eyes. Tearing helps clear the eyes. If necessary, wash out eyes with cold water. Tears can be blotted away. INHALATION If a burning sensation or irritation of the nose occurs, breathe normally. Blow nose to remove discharge. Nasal decongestants should help if discomfort is severe. Breathing difficulties (burning sensations, chest tightness) are often accompanied by a feeling of panic. In this event, the affected person (s) should be made to relax and kept calm. Talk reassuringly to the person(s) to prevent panic. If discomfort persists or other symptoms occur, the affected person should be removed to the hospital for medical evaluation. RELATED PROCEDURES Aided Cases-General Procedure (P.G. 216-01) Processing Currency Required As Evidence (P.G. 218-35) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-38 PROCESSING OF CURRENCY/NEGOTIABLE INSTRUMENTS FOR FORFEITURE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To expeditiously process seized U.S. currency and/or negotiable instruments valued at one thousand dollars or more which may be forfeitable. DEFINITIONS FORFEITABLE - For the purpose of this procedure, forfeitable property consists of those assets for which probable cause exists, including that: a. Such property was used to facilitate a crime, or b. Such property represents the proceeds or substituted proceeds of a crime. NEGOTIABLE INSTRUMENT - A cash equivalent such as money orders, traveler’s checks, bank checks, etc. SUBSTITUTED PROCEEDS OF A CRIME - Items of property that have been received in exchange for the actual proceeds of a crime. For example, if currency obtained in exchange for illegal drugs is subsequently used to purchase an automobile, the currency is the proceeds of a crime, and the automobile is the substituted proceeds of a crime. PROCEDURE When a uniformed member of the service seizes U.S. currency and/or negotiable instruments valued at one thousand dollars or more that are deemed forfeitable: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. Notify the Asset Forfeiture Unit, twenty-four hours a day seven days a week, and request a Forfeiture Log Number(s) for U.S. currency and/or negotiable instruments valued at one thousand dollars or more that are deemed forfeitable. a. Comply with normal invoicing procedures if an Asset Forfeiture Unit investigator determines that the seized property is not forfeitable. Prepare a separate PROPERTY CLERK INVOICE WORKSHEET (PD 521-141A) for only U.S. currency and/or negotiable instruments earmarked for forfeiture. a. DO NOT include any other property on WORKSHEET. Select “FORFEITURE” as property category. Do not categorize this property as arrest evidence, unless it is an element of a criminal charge being lodged against a defendant. Include the Forfeiture Log Number and an indication that this is property being “Held For Forfeiture,” in the “Remarks” section of the PROPERTY CLERK INVOICE WORKSHEET. a. Include a statement in the “Remarks” section briefly explaining the circumstances under which currency and/or negotiable instruments were seized. The statement should clearly demonstrate how such property was used to facilitate a crime and the specific location where such property was seized. Make entry in ACTIVITY LOG (PD112-145). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-38 UNIFORMED MEMBER OF THE SERVICE (continued) REVISION NUMBER: PAGE: 08/01/13 7. 8. DESK OFFICER 9. 10. 11. 2 of 5 DO NOT “Evidence” stamp U.S. currency/negotiable instruments earmarked for forfeiture. Deliver PROPERTY CLERK INVOICE WORKSHEET and currency/negotiable instrument to desk officer. Verify accuracy and completeness of PROPERTY CLERK INVOICE WORKSHEET. Have PROPERTY CLERK INVOICE WORKSHEET entered into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). Ensure a digital photograph is taken of currency seized pursuant to a search warrant, if applicable, before it is bagged and deposited in the bank. a. Upload photograph to the PROPERTY CLERK INVOICE as a related document utilizing the Property and Evidence Tracking System. 12. Digitally sign PROPERTY CLERK INVOICE verifying accuracy and completeness. DESK OFFICER 13. Digitally sign PROPERTY CLERK INVOICE verifying accuracy and completeness. Prepare and sign deposit slip. Direct invoicing officer to place currency/negotiable instruments into Plastic Security Envelopes. Place copy of PROPERTY CLERK INVOICE in separate folder to be maintained at desk, if no other property is involved. Have PROPERTY TRANSFER REPORT (PD521-1412) prepared utilizing the Property and Evidence Tracking System. UNIFORMED MEMBER OF THE SERVICE 14. 15. 16. 17. 18. Prepare PROPERTY TRANSFER REPORT utilizing Property and Evidence Tracking System and digitally sign REPORT. DESK OFFICER 19. Digitally sign PROPERTY TRANSFER REPORT verifying accuracy and completeness. Direct command messenger, accompanied by another uniformed member of the service, to deliver currency in deposit bag to local Department authorized bank and utilize the night deposit vault, at all times. a. Direct both uniformed members to examine chute to ensure deposit bag (s) has dropped. b. Direct both uniformed members of the service to make appropriate ACTIVITY LOG entries. Direct command messenger to forward negotiable instruments to Borough Property Clerk’s Office. Make entry in Command Log, including: a. PROPERTY CLERK INVOICE serial number. COMMAND MESSENGER 20. 21. 22. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-38 PAGE: 08/01/13 3 of 5 b. c. d. DESK OFFICER (continued) 23. UNIFORMED MEMBER OF THE SERVICE REVISION NUMBER: 24. 25. DESK OFFICER 26. 27. 28. Serial number(s) of Plastic Security Envelope(s). Total amount invoiced. Rank, names and shield numbers of both uniformed members of the service delivering currency to night depository. e. Forfeiture Log number. Ensure that a uniformed member of the service performing duty with the second platoon is assigned to retrieve deposit slip on the next business day. Retrieve deposit slip(s) and record receipt of deposit PROPERTY CLERK INVOICE number(s) in ACTIVITY LOG. Present receipted deposit slip(s) to desk officer. Attach two copies of receipted deposit slips to PROPERTY CLERK INVOICE. Enter in Command Log: a. Return of receipted deposit slip. b. PROPERTY CLERK INVOICE serial number. Retain PROPERTY CLERK INVOICE with deposit slips attached for delivery to Borough Property Clerk’s Office. 29. Conduct “Deposit Slip Confirmation" utilizing Property and Evidence Tracking System to verify the amount listed on PROPERTY CLERK INVOICE matches the amount deposited by local Department authorized bank. a. If there is a discrepancy between the amount listed on the PROPERTY CLERK INVOICE and amount local Department authorized bank listed on deposit slip: (1) Ascertain reason for discrepancy as noted by bank and enter correct amount(s) in the corresponding section. (2) Notify desk officer regarding reason for discrepancy and list notification in the “Remarks” section. DESK OFFICER 30. Notify Internal Affairs Bureau Command Center, if deposit slip discrepancy is due to a possible act of misconduct. a. Make Command Log entry regarding notification (e.g., IAB log number, INVOICE number, etc.). 31. Determine whether seized assets are appropriate subject of forfeiture proceedings, and if so, assign log number, conduct follow-up investigation and initiate tracking procedures. Confer with District Attorney’s Office, Civil Enforcement Unit, and any other agencies involved. In federal cases, request appropriate federal agency to adopt within thirty days, or request the District Attorney to forward a completed State Forfeiture Release Form to the Asset Forfeiture Unit for processing. Authorize the release of currency/negotiable instruments from the Property Clerk in forfeiture cases. EVIDENCE/ PROPERTY CONTROL SPECIALIST/ DESIGNATED UNIFORMED MEMBER OF THE SERVICE ASSET FORFEITURE UNIT 32. 33. 34. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-38 REVISION NUMBER: PAGE: 08/01/13 4 of 5 COMMANDING 35. OFFICER, ASSET FORFEITURE UNIT Direct and coordinate the post seizure investigative efforts of the Department. 36. Process PROPERTY CLERK INVOICE and currency/negotiable instruments. Issue a check within three business days for seized currency being processed for Federal or State Forfeiture upon written request of the Asset Forfeiture Unit. Process only those requests for the release of assets for federal, state and local forfeiture that have been approved by the Asset Forfeiture Unit. PROPERTY CLERK 37. 38. ASSET FORFEITURE UNIT 39. 40. 41. 42. 43. 44. ADDITIONAL DATA Prepare related paperwork and forward check to appropriate agency, in federal forfeiture cases. Prepare an accounting of investigative expenses incurred and a request for the sharing in state forfeiture cases. a. Forward with a check to the appropriate District Attorney. Assist and forward related paperwork to the Civil Enforcement Unit, in local forfeiture cases. Negotiate an equitable sharing agreement with other participants, in federal cases. Prepare and process Application for Transfer of Federally Forfeited Property [DAG71] in Federal forfeiture cases. Monitor and track all federal and state forfeiture actions throughout the entire process. OPERATIONAL CONSIDERATIONS Seizures of currency/negotiable instruments valued at less than one thousand dollars do not require a notification to the Asset Forfeiture Unit and no Forfeiture Log number will be issued. In these instances, the currency/negotiable instruments will be processed in accordance with this procedure. In the event of seizures of large amounts of currency which contain more than two thousand bills, the Property Clerk’s Division should be contacted at for special counting and deposit procedures. Search Warrant Cases In all instances, items seized pursuant to a New York State search warrant will be inventoried for return to the court issuing the warrant. All such property will be processed in accordance with this procedure. This property will not be released for forfeiture proceedings by the Property Clerk without the authorization of the Commanding Officer, Asset Forfeiture Unit and a release by the prosecutor, a turnover order issued by a judge or a seizure warrant from a federal court. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-38 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 Transfer Prohibited This procedure constitutes the Department’s sole directive regarding the disposition of currency and/or negotiable instruments destined for forfeiture. In no instance will assets be transferred to a New York City Police Department unit or outside law enforcement agency for forfeiture processing without the written permission of the Commanding Officer, Asset Forfeiture Unit. Uniformed members of the service assigned to a formal Joint Federal Task Force will notify the Asset Forfeiture Unit of all currency/negotiable instrument seizures and process the seizure under the protocol established under their “Memorandum of Understanding.” RELATED PROCEDURE Forfeiture Proceedings for Seized Property (P.G. 208-26) FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE (PD 521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY TRANSFER REPORT (PD521-1412) Application for Transfer of Federally Forfeited Property (DAG71) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-39 SEIZURE, REMOVAL, AND DISPOSITION OF PROPERTY FROM GENERAL AND FOOD VENDORS DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 10 PURPOSE To remove property from an unlicensed food/general vendor(s) or from a licensed general vendor(s) peddling in violation of law. DEFINITIONS GENERAL VENDOR - Person who peddles, sells, leases, or offers for sale or lease at retail, goods or services, other than food, in a public area. FOOD VENDOR - Person, who peddles, sells or offers food for sale at retail in any public place. PUSHCART - Any wheeled vehicle or device used by a vendor in a public place, which can be moved with or without a motor and does not require registration by Department of Motor Vehicles. STAND - A movable, portable, or collapsible structure, device or other contrivance other than a pushcart used to display or store any merchandise, food or article required while acting as a vendor. EXIGENT CIRCUMSTANCES – For the purpose of this procedure, any situation which may endanger public safety or obstruct the free flow of traffic, either pedestrian or vehicular, (e.g., fire, emergency, heavy traffic, street excavation, parade, etc.) (See “ADDITIONAL DATA” statement). SEIZURE OF PROPERTY – Under certain circumstances, the property of a street vendor may be confiscated and the City’s Law Department may institute a forfeiture action against the vendor. In those circumstances, the property may not be returned to the vendor without the written authorization of the City’s Law Department or Commanding Officer, Legal Bureau. Those circumstances are listed in the “ADDITIONAL DATA” statement. In the event a vendor’s property is confiscated for seizure, members of the service are instructed to confiscate only that property which is displayed for sale, including, any cart, table or other device used to display the property. REMOVAL OF PROPERTY – Under certain circumstances, a street vendor’s property may be confiscated and subject to a removal process. Those circumstances are listed in the “ADDITIONAL DATA” statement. Under a removal process, the property may be returned to the vendor at the command, even if the Environmental Control Board Notice of Violation has not been adjudicated at the time the vendor seeks return of his/her property. Under a removal process, food vendors are subject to a removal fee as per Patrol Guide 218-43, “Removal and Storage Fees for Licensed Food Vendors Equipment and Goods.” General vendors, Disabled Veteran Vendors, and First Amendment or Expressive Matter Vendors are not to be charged a removal fee. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-39 REVISION NUMBER: PAGE: 08/19/13 2 of 10 DEFINITIONS (continued) PROPERTY CLERK DIVISION SEAL - Non-releasable, barcoded, prenumbered security seal used to provide increased security for street vendor’s property, which is seized and placed in large plastic bags to be invoiced. PROCEDURE When a uniformed member of the service observes a general or food vendor who is unlicensed OR operating in violation of the General/Food Vendor law or regulations as described in “ADDITIONAL DATA” statement: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. 6. 7. 8. COMMANDING 9. OFFICER 10. DESK OFFICER 11. 12. Perform the following in the presence of the peddler: a. Serve Environmental Control Board Notice of Violation. b. Place all seized property into large plastic bag(s) and tightly twist top of bag(s) closed. c. Affix Property Clerk Division seal, with prongs facing inward, around top of bag by pushing tie through slot and pulling loose end taut. (1) Write pre-printed number of Property Clerk Division seal on summons under issuing officer’s signature. Deliver pushcart, stand, food/property, and necessary forms as appropriate, to command of occurrence. Do not permit vendor to assist in removal of property to command or ride in department vehicle, except in arrest situation. Return vendor’s (food or general) license to licensee after issuing Notice of Violation. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). Mark PROPERTY CLERK INVOICE WORKSHEET “Removed/ Safeguard.” Enter under “Remarks” on PROPERTY CLERK INVOICE WORKSHEET, time of arrival at command with perishable items, type of food or goods and how packaged. Make appropriate entries regarding Property Clerk Division seals utilized in CERTIFICATION OF PROPERTY CLERK DIVISION SEALS (PD521-061). Designate sufficient number of supervising members to frequently inspect perishable foods or goods so that such items may, when necessary, be condemned and disposed of. Ensure perishable foods or goods are not forwarded to the Property Clerk Division. Examine sealed bag to ensure that: a. It is properly sealed b. Pre-printed, bar-coded Property Clerk Division seal number is accurately recorded on both PROPERTY CLERK INVOICE WORKSHEET and Environmental Control Board Notice of Violation. Make entry in PROPERTY LOG (PD521-147) to account for number of pre-printed plastic seal(s) used. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-39 REVISION NUMBER: PAGE: 08/19/13 3 of 10 a. DESK OFFICER (continued) 13. 14. 15. 16. 17. 18. 19. 20. 21. Use one space on PROPERTY LOG to account for all seals listed on the same PROPERTY CLERK INVOICE WORKSHEET, if possible. Ensure PROPERTY CLERK INVOICE WORKSHEET is entered into Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). a. If two separate PROPERTY CLERK INVOICES are prepared, a cross-reference will be made utilizing the related invoice function in the Property and Evidence Tracking System. Store plastic bag(s) with PROPERTY CLERK INVOICE(S) in property room, pending removal to the Property Clerk. Notify Property Clerk Division if large amount of property is removed from vendor. Notify Department of Sanitation when expeditious disposal of spoiled food or goods is required. Have three copies of a report prepared on OFFICIAL LETTERHEAD (PD158-151) addressed to the vendor, within twenty-four hours after perishable food or goods has been disposed of, indicating: a. An itemized description of property AND b. Reason for destruction or disposition AND c. Date of destruction/disposition. Send copy of report to vendor through United States Mail. Enter in the remarks section of the PROPERTY CLERK INVOICE any condemned food or goods, and date and time report was mailed to vendor. Attach copy of report to command file copy of PROPERTY CLERK INVOICE. Prepare a separate report on OFFICIAL LETTERHEAD and comply with steps “17” through “20”, if different types of food or goods are disposed of at different times, even if delivered to the command as part of the same seizure. WHEN EXIGENT CIRCUMSTANCES EXIST: UNIFORMED MEMBER OF THE SERVICE 22. 23. 24. Notify vendor to stop all selling at the location and, within one minute, begin to move from the area. Inform vendor not to return to location for at least two hours unless conditions dictate otherwise. (VENDOR MUST BE NOTIFIED OF TIME PERIOD). Make ACTIVITY LOG (PD112-145) entry describing the exigency that prompted the order for the vendor to move and include: a. Name and license number of the vendor b. Description of the order conveyed c. Time period vendor was directed to stay away from the area. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-39 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 4 of 10 VENDOR PROPERTY SUBJECT TO SEIZURE The property of a General Vendor is subject to seizure for the following violations of law: New York City Administrative Code Section: 20-453 – Unlicensed General Vending 20-465 (g)(2) – Licensed General Vendor operating in the World Trade Zone* 20-465.1 – Licensed General Vendor operating on a RESTRICTED STREET at a time, and on a day, the restriction is in effect. The property of a Food Vendor is subject to seizure for the following violations of law: New York City Administrative Code Section: 17-307 (a)(1) – Unlicensed Food Vendor 17-307 (b)(1) – Food Cart, Stand or Vehicle without permit (A food vendor must possess an operator’s license AND the cart must possess a permit. Both items are issued by the New York City Department of Health.) 17-315 (i) – Vending on Parks Property w/o Parks Permit. (Parks Property is limited to the interior of the Park and the sidewalk immediately adjacent to the park.) 17-315 (k) – World Trade Center Zone* *World Trade Center Zone – The area including and bounded on the east by the easterly side of Broadway, on the south by the southerly side of Liberty Street, on the west by the westerly side of West Street and on the North by the northerly side of Vesey Street. VENDOR PROPERTY SUBJECT TO REMOVAL The property of a General Vendor is subject to removal for the following violations of law: New York City Administrative Code Section: 20-465 (b) – Licensed General Vendor occupying more than eight linear feet of public space parallel to the curb in the operation of a vending business and, in addition, no more than three linear feet when measured from the curb to the property line. 20-465 (e) – Licensed General Vendor operating WITHIN any bus stop, or taxi stand, OR less than ten feet of any driveway, any subway entrance or exit, or any corner. Ten feet from any corner shall be measured from a point where the property line on the nearest intersecting block face, when extended, meets the curb. 20-465 (i) – Licensed General Vendor operating on the median strip or a divided roadway unless such strip is intended for use as a pedestrian mall or plaza. 20-465 (k) – Licensed General Vendor – Fail to move Exigent Circumstances (See “ADDITIONAL DATA” statement below for exigent circumstances.) 20-465 (m) – [as it relates to ventilation grills only] – Licensed General Vendor vending over or otherwise obstructing a ventilation grill. The property of a Food Vendor is subject to removal for the following violations of law: New York City Administrative Code Section: 17-315 (j) – Fail to move Exigent Circumstances (See “ADDITIONAL DATA” statement below for exigent circumstances.) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-39 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 5 of 10 17-315 (k) – Food Vendor operating on a RESTRICTED STREET at a time, and on a day, the restriction is in effect. (Streets listed in Title 6, Chapter 2, Section 2-314 of the City Rules.) 17-315 (l) – Food Vendor operating on a RESTRICTED STREET at a time, and on a day, the restriction is in effect. (Streets listed in NYC Administrative Code 17-315 [l]) RESTRICTED STREETS – THIRTY FOOT RULE Title 6, Chapter 6, Section 2-310 of the Rules of the City of New York (RCNY) prohibits General Vendors, Food Vendors and Food Truck Vendors from operating on an intersecting street with thirty feet of a cross-street during the dates and at the times a “Restriction on the Cross-Street” is in effect. This prohibition applies to thirty feet of street and sidewalk in each direction along the cross-street, measured from the building lines closest to each designated street at each cross-street corner. The thirty foot rule DOES NOT apply to Disabled Veteran Vendors (BLUE and YELLOW) and to First Amendment or Expressive Matter Vendors. Violators may be issued an Environmental Control Board Notice of Violation under Section 2-310 of the RCNY. Members of the service are instructed to check off “Box 10 (Other)” on the ECB/NOV under caption “NYC Administrative Code/Rules of the City of New York,” located in the middle of the ECB/NOV. Members are further instructed to insert the phrase “RCNY” immediately beneath the above described “Box 10.” The property, including the cart or vehicle, of a licensed Food Vendor or Food Truck operator, may be seized for removal for violation of 2-310 (RCNY). The property of a General Vendor, including the cart, table or vehicle may be seized for forfeiture for violation of 2-310 (RCNY). In any circumstance wherein the property of a Food Vendor is seized or removed, members of the service are instructed to invoice the perishable items and the cart, stand or vehicle in accordance with this procedure. Paper goods, utensils, soda containers, and other factory sealed items are to be invoiced separately and the PROPERTY CLERK INVOICES crossreferenced. On occasion, members of the service will encounter non-perishable items that are no longer merchantable (e.g., soiled paper goods or rusted, leaking or otherwise damaged soda containers or similar items that may become a vermin attraction or otherwise create an unsanitary condition). Such items should not be stored in a Department facility. In these circumstances, members of the service are instructed to photograph such items and invoice the photographs on a separate PROPERTY CLERK INVOICE with cross-references to other INVOICES prepared in the incident. Such items may then be disposed of in a manner similar to perishable food. Under no circumstances will such photographs be given to the vendor or any other person. ADDITIONAL TYPES OF VENDORS First Amendment or Expressive Matter Vendors: First Amendment or Expressive Matter Vendors are not required to possess a General Vendor’s license issued by the New York City’s Department of Consumer Affairs. The property of a First Amendment or Expressive Matter Vendor will not be seized for forfeiture under any circumstances. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-39 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 6 of 10 The property of a First Amendment or Expressive Matter Vendor may be subject to a removal procedure for the following violations: New York City Administrative Code Section 20-465 (b) – Licensed General Vendor occupying more than eight linear feet of public space parallel to the curb in the operation of a vending business and, in addition, no more than three linear feet when measured from the curb to the property line. 20-465 (e) – Licensed General Vendor operating WITHIN any bus stop, or taxi stand, OR less than ten feet of any driveway, any subway entrance or exit, or any corner. Ten feet from any corner shall be measured from a point where the property line on the nearest intersecting block face, when extended, meets the curb. 20-465 (i) – Licensed General Vendor operating on the median strip or a divided roadway unless such strip is intended for use as a pedestrian mall or plaza. 20-465 (m) – [as it relates to ventilation grills only] – Licensed General Vendor vending over or otherwise obstructing a ventilation grill. 20-465 (g)(2) – Licensed General Vendor operating in the World Trade Zone* 20-465 (k) – Licensed General Vendor – Fail to move Exigent Circumstances (See “ADDITIONAL DATA” statement below for exigent circumstances.) 20-465.1 – First Amendment or Expressive Matter Vendor operating on a RESTRICTED STREET. The First Amendment or Expressive Matter Vendor may not operate on a RESTRICTED STREET on the days, or at the time, the Restriction is in effect. However, the Restriction must be a blanket Restriction. The Restriction must apply to both Food and General Vendors. If any type of vendor is permitted on a street at a particular time, then the First Amendment or Expressive Matter Vendor must also be permitted to operate. However, regardless of any Restriction that may be in effect, a First Amendment or Expressive Matter Vendor may only operate to the extent they may display their wares without the use of a table, cart or other device. For example, the First Amendment or Expressive Matter Vendor may display their wares by carrying them in their hands. When the property of a First Amendment or Expressive Matter Vendor is confiscated under a removal procedure, it must be invoiced for Safekeeping and returned to the vendor upon demand. Such property shall be returned whether or not the underlying summons or ECB/NOV has been adjudicated. Under no circumstances shall the property of a First Amendment or Expressive Matter Vendor be disposed or otherwise discarded. Also, a First Amendment or Expressive Matter Vendor may not be charged a fee for the removal. Disabled Veteran Vendors: Disabled Veterans are permitted to operate on City streets under a provision of New York State Law. These street vendors usually operate as General Vendors, however, on occasion, members of the service may find them operating as licensed Food Vendors. These Food or General Vendors may hold a Yellow or Blue license. The holders of these licenses are subject to the provisions of New York State General Business Law Section 35-a. Enforcement action against these vendors may not be taken under the usual street vendor provisions of the New York City Administrative Code. The holders of the Blue license, or as it is also known, a Midtown Specialized license, may operate on most streets in the City except for those streets listed in the State General NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-39 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 7 of 10 Business Law Section 35-a. Additionally, holders of the Blue license may operate within the Midtown Core Area**. The holders of the Yellow and Blue licenses may operate on any street in the City outside of the Midtown Core Area. However, the holders of the Yellow license may not operate within the Midtown Core Area. **Midtown Core Area – The area of Manhattan bounded by 2nd Avenue to 9th Avenue and 30th Street to 65th Street. It is important to note that, other than the streets listed in the General Business Law Section 35-a, the World Trade Center Area, and the two specific locations in lower Manhattan within the confines of the 1st Precinct, there are NO other streets in the City that are restricted to holders of Blue or Yellow licenses. Members of the service are encouraged to call the Legal Bureau for guidance when contemplating enforcement action regarding the holders of a Blue or Yellow Disabled Veteran License. Green Cart Vendors: Fruit and vegetable vendors are subject to the same rules as other food vendors, including street restrictions and the provisions regarding confiscation for Seizure and Removal. However, there is a special category of fruit and vegetable vendors known as Green Cart Vendors. This group of vendors was created to make fresh fruits and vegetables more available to disadvantaged communities. They are subject to the same provisions of law, including street restrictions, as food vendors and other fruit and vegetable vendors. Green Cart Vendors, however, are subject to an additional restriction. They are not permitted to operate outside of the boundaries of the NYPD precinct stated on the decal affixed to their cart. Members of the service are encouraged to call the Legal Bureau for guidance should such a vendor be observed operating outside of the precinct designated by his cart decal. Food Trucks: Food Trucks are motor vehicles bearing a permit issued by the City’s Department of Health to dispense food on City streets. The operators of these enterprises must possess a food vendor’s license. Food Trucks are subject to the same provisions for confiscation for Seizure and Removal procedures discussed above, including the Restricted Street provisions of Administrative Code Sections 17-315(k) and 17-315(l). Food Trucks are subject to the same provisions of the New York State Vehicle and Traffic Law and the City Traffic Rules, as other motor vehicles. However, there are additional parking restrictions on Food Trucks as follows: Food Trucks are not permitted to park at parking meters (mechanical or MUNI) for any period of time whatsoever. Violators may be issued an “A” summons under the City Traffic Rules Section 4-08 (h)(8). Food Trucks are not permitted to park at trucks loading and unloading zones. Violators may be issued an “A” summons under the City Traffic Rules Section 4-08(k)(2). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-39 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/19/13 8 of 10 Members of the service are reminded that any vehicle parked illegally on a City street, whether occupied or not, may be removed by Department Tow or by the City’s Department of Transportation Tow. WHEN EXIGENT CIRCUMSTANCES EXIST REQUIRING A VENDOR TO MOVE FROM A LOCATION When “exigent circumstances” exist which cause a uniformed member of the service to direct a vendor (food or general) to temporarily move from the ENTIRE AREA, the following guidelines for relocation will be followed: a. b. c. d. e. TYPE MAXIMUM HEIGHT Unusually heavy pedestrian or The SHORTEST distance in DIRECTION vehicular traffic OF EITHER; three city blocks, or 750 feet, on direct line of sight. Obstruction in a public space The SHORTEST distance necessary to alleviate obstruction, but NOT to exceed the above. Collision, fire, other emergency Beyond police and fire lines to an area of safety. If vendor’s presence causes further congestion, follow (a) or (b) above. Other unusual event As circumstances require after conferral with a supervising officer. Parade Along entire parade route including ½ block on either side, formation and regrouping areas, or as directed by a supervising officer. The vendor must move a sufficient distance from the critical location to alleviate the existing condition. A licensed vendor (food or general) who refuses to move as directed, or who does not move to a location outside the critical area, or who returns within the prohibited time, as directed, will be issued an Environmental Control Board Notice of Violation and Hearing. OPERATIONAL ISSUES A properly identified vendor (identification may be by license alone) will not be arrested SOLELY for violation of a General Vendor’s LAWS OR REGULATIONS. A General Vendor’s license issued by a New York State County Clerk, including, County Clerks from the five boroughs, are not valid in New York City. Persons found engaged in street vending bearing such licenses are to be treated as unlicensed General Vendors. Similarly, persons found engaged in Street Vending bearing a Temporary General Vendor’s license for Street Vending Fairs at a place and time when no licensed Street Fair is in session are to be treated as unlicensed General Vendors. Perishable foods stored in existing police facilities are deemed to be contaminated and unfit for human consumption and subject to condemnation when storage times exceed the following guidelines: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-39 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/19/13 9 of 10 GROUP I - 2 HOURS POTENTIALLY HAZARDOUS FOODS: a. Vulnerable foods: Protein salads, fruits and vegetables, which have been sliced or chopped b. Baked goods filled with custard or toppings or fillings made with mold products, eggs or other ingredients capable of supporting rapid and progressive growth of microorganisms c. Fresh and ready to eat meat, fish, poultry and products containing gravies or sauces made from meat, fish or poultry EXAMPLES: Frankfurters; knishes; falafel; all frozen desserts such as ices, ice cream, yogurt; shish kebab; prepared, smoked and cooked meats; fried and other fish products, milk and milk products, cooked onions, relish, etc. GROUP II - 24 HOURS UNWRAPPED AND UNPROTECTED FOODS AND FOODS SUBJECT TO BECOMING STALE, MOLDY AND OTHERWISE UNFIT: a. Food shall be deemed unwholesome and subject to contamination when they have been or are being stored or handled under inadequate conditions, and where the food is not or cannot be protected from dirt, dust, vermin or other potential forms of contamination and where such storage of foods can attract vermin or otherwise lead to unsanitary conditions that may adversely affect the health and safety of persons charged with custody of such foods b. Foods in Group II may be considered unwholesome when stored in unprotected surroundings and subject to contamination for a period of twenty-four or more hours. EXAMPLES (but not limited to): Pretzels, cookies; nuts; rolls and other baked goods; dried fruits; loose candies; condiments; thin skinned fruits, or fruits eaten with peel or skin; soda, or other liquid refreshment and food, other than in factory sealed containers. GROUP III - 72 HOURS a. All other foods, except those in factory hermetically sealed containers and treated or processed to prevent spoilage or deterioration, shall be deemed unwholesome and subject to contamination when stored seventy-two hours or more under inadequate conditions. EXAMPLES: Boxed cookies; nuts; dried fruits, fruits and vegetables, which can normally be stored without refrigeration for some time such as grapefruits, oranges, acorn squash, etc. In all cases when property of a LICENSED VENDOR is taken into police custody, a report will be prepared and forwarded to the patrol borough office (and filed) containing the following information: a. Name, address and date of birth of vendor b. General Vendor license number c. Summonsing officer, shield and command d. Summons number(s) e. Date and time of removal f. Date and time PROPERTY CLERK INVOICE is completed and property is available for redemption NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-39 08/19/13 g. h. i. j. ADDITIONAL DATA (continued) REVISION NUMBER: k. l. PAGE: 10 of 10 PROPERTY CLERK INVOICE number Type and quantity of property Amount of removal fee due Date and time of disposition of property (returned to vendor or forwarded to Property Clerk) Total amount of removal and storage charges waived Rank, name and command of processing officer. RE-BAGGING OF A STREET VENDOR’S PROPERTY IF BAG BREAKS In the event that a plastic bag containing a street vendor’s property breaks, a uniformed supervisor will be responsible to re-bag the property utilizing the “repack” function in Property Clerk Evidence Tracking System. Each command involved in peddler enforcement will be required to maintain a separate CERTIFICATION OF PROPERTY CLERK DIVISION SEALS for command use. The assigned supervisor will not remove property from the damaged bag, nor will the Property Clerk Division seal be removed. Rather, the entire bag, with the Property Clerk Division seal intact, will be placed in the new bag and a new Property Clerk Division seal attached. An entry will be made in the Command Log, including seal numbers and invoice numbers involved. Additionally, a cross-reference will be made in the original Log entry of the invoice concerned. DEPARTMENT POLICY All peddler enforcement personnel will perform duty in uniform, with the exception of “designated spotters”, who will be permitted to perform duty in civilian clothes. Dedicated peddler enforcement supervisors will be present at all property seizures, when practical. All peddler enforcement vehicles will be marked. Supervisory span of control for peddler enforcement shall not exceed one supervisor for five police officers. RELATED PROCEDURES Invoicing Property - General Procedure (P.G. 218-01) Removal and Storage Fees for Licensed Food Vendors Equipment and Goods (P.G. 218-43) Unlicensed Peddler Forfeiture Program (P.G. 218-41) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY LOG (PD521-147) CERTIFICATION OF PROPERTY CLERK DIVISION SEALS (PD521-061) ACTIVITY LOG (PD112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-40 GENERAL VENDOR DISTRIBUTOR FORFEITURE PROCEDURE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To confiscate vehicles of unlicensed general vendor distributors and institute forfeiture proceedings. DEFINITION DISTRIBUTOR - any person or organization engaged in the sale, consignment, or distribution of goods for sale or resale by a general vendor. This shall not include an owner of goods who personally operates a motor vehicle to transport such goods exclusively to and from a location from which the owner will personally sell such goods in compliance with all applicable laws. PUBLIC SPACE - all publicly-owned property between the property lines on a street as such property lines are shown on the City map including but not limited to a park, plaza, roadway, shoulder, tree space, sidewalk or parking space between such property lines. It shall also include, but not be limited to, publicly owned or leased land, buildings, piers, wharfs, stadiums, and terminals. PROCEDURE Upon observing an unlicensed general vendor distributor in a public place: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. 5. DESK OFFICER 6. 7. 8. 9. Serve Environmental Control Board Notice of Violation and Hearing for New York City Administrative Code 20-474.1 (Unlicensed General Vendor Distributor), if violator eligible. Confiscate vehicle and contents for forfeiture proceedings. Remove vehicle to precinct of occurrence and comply with P.G. 218-12, “Safeguarding Vehicles in Police Custody.” a. Any goods contained within the vehicle shall be processed according to P.G. 218-39, “Seizure, Removal and Disposition of Property from General and Food Vendors.” Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521141A) and select “FORFEITURE” as Property Category. Submit completed PROPERTY CLERK INVOICE WORKSHEET to desk officer for review. Have vehicle removed to Property Clerk storage facility (see P.G. 218-20, “Delivery of Vehicle to Property Clerk”). Ensure accuracy of PROPERTY CLERK INVOICE WORKSHEET. Ensure PROPERTY CLERK INVOICE WORKSHEET is entered into Property Evidence Tracking System to generate a PROPERTY CLERK INVOICE (521-141). Prepare PEDDLER FORFEITURE QUESTIONNAIRE (PD260-155) upon arrival at stationhouse of individual seeking to reclaim seized property. a. Ensure the names and addresses of all persons involved (e.g., driver, owner of vehicle and/or representative, etc.) AND PROPERTY CLERK INVOICE serial number(s) are entered on PEDDLER FORFEITURE QUESTIONNAIRE. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-40 PAGE: 08/01/13 DESK OFFICER 10. (continued) 11. 12. 13. PATROL BOROUGH COORDINATOR REVISION NUMBER: 14. 15. Have claimant sign perforated, tear-off portion of PEDDLER FORFEITURE QUESTIONNAIRE entitled “Peddler Property Acknowledgement of Demand.” Send by FAX or forward by messenger copies of all relevant documents, including: a. Completed PEDDLER FORFEITURE QUESTIONNAIRE with signed “Peddler Property-Acknowledgement of Demand” b. PROPERTY CLERK INVOICE c. Environmental Control Board Notice of Violation or summons d. ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), if applicable e. Any other documents prepared within one day of the demand for the return of property to: Assistant Chief, Administrative Law Division New York City Law Department 100 Church Street, Room 5J17 New York, New York 10007 Provide claimant appearing at command with: a. Peddler Property - Acknowledgement of Demand (perforated, tear-off portion of original PEDDLER FORFEITURE QUESTIONNAIRE b. “Prisoner/Finder/Owner” copy of PROPERTY CLERK INVOICE. Forward to patrol borough coordinator: a. ORIGINAL and one copy of PEDDLER FORFEITURE QUESTIONNAIRE b. Two copies of PROPERTY CLERK INVOICE, Environmental Control Board Notice of Violation and Hearing or summons and ON LINE BOOKING SYSTEM ARREST WORKSHEET, if applicable. Retain copies of all forms prepared on ORIGINAL and SUBSEQUENT SERVICE, if appropriate, for precinct file. Maintain record of forms received from precinct under the following captions: DATE 16. 17. 18. 2 of 3 SERIAL NO. CLAIMANT’S NAME OWNER/ REPRESENTATIVE INVOICE NO. SUMMONS NO. VENDOR’S NAME Assign borough serial number to each PEDDLER FORFEITURE QUESTIONNAIRE received. Check all forms for completeness and accuracy. a. Return any form containing errors and/or omissions to command of origin for correction. Act as a liaison with Corporation Counsel in all matters pertaining to the forfeiture program. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-40 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 OPERATIONAL ISSUES Any vehicle used by a distributor to transport goods to a general vendor must be visually identified by a sign conspicuously displayed on the side of the vehicle. The following information must be clearly and legibly displayed on such sign: a. The licensee’s name and address b. Business telephone numbers c. The words “General Vending Distributor” d. Department of Consumer Affairs telephone complaint number. Persons operating a licensed General Vendor Distributor Vehicle which is either missing such a sign or if the sign is missing any of the information required as listed in “a thru d” above may be issued an Environmental Control Board Notice of Violation under New York City Administrative Code Section 20-474.2(a). The letters and numerals of such display shall not be less than one and one-half inches in height, with a width of at least one-quarter of an inch, and shall be colored black and white, whichever is most prominent against the background color. An Environmental Control Board Notice of Violation under New York City Code Section 20-474.2(b) may be issued if the licensed General Vendor Distributor does not have a vehicle sign that has the proper dimensions required by law. Signs used to identify delivery vehicles may be removable, but must be securely fastened whenever the vehicle is used to deliver or remove goods to or from a general vendor. The sign must remain securely attached throughout the time it takes to load or unload goods. An Environmental Control Board Notice of Violation under New York City Code Section 20-474.2(c) may be issued to the licensed General Vendor Distributor for failure to have a sign securely fastened to their vehicle during loading and unloading of goods. It is now the responsibility of the Corporation Counsel to serve the claimant with the summons and complaint. However, it is imperative that a copy of the completed PEDDLER FORFEITURE QUESTIONNAIRE, as well as any other documents prepared in conjunction with this procedure, be forwarded to the Corporation Counsel within one day of the claimant’s appearance at stationhouse to reclaim seized property. Any subsequent demand by an unlicensed distributor for the return of seized property will be processed according to Patrol Guide 218-41, “Unlicensed Peddler Forfeiture Program.” RELATED PROCEDURES Safeguarding of Vehicles in Police Custody (P.G. 218-12) Delivery of Vehicles to Property Clerk (P.G. 218-20) Seizure, Removal and Disposition of Property from General and Food Vendors (P.G. 218-39) Removal and Storage Fees for Vendors Equipment and Goods (P.G. 218-43) Unlicensed Peddler Forfeiture Program (P.G. 218-41) FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PEDDLER FORFEITURE QUESTIONNAIRE (PD260-155) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-41 UNLICENSED PEDDLER FORFEITURE PROGRAM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To institute forfeiture proceedings against property seized from unlicensed street vendors. SCOPE ONLY the property of an unlicensed food or general vendor or the property of a licensed general vendor, who violates the restricted streets provision of Administrative Code Section 20-465, subdivision “l,” is subject to forfeiture. Members are to confiscate only the property that the vendor had on display, as well, as any cart, table or vehicle used to display the property. PROCEDURE Upon observing an unlicensed street vendor operating in a public place: UNIFORMED MEMBER OF THE SERVICE 1. 2. DESK OFFICER 3. 4. 5. 6. Comply with P.G. 218-39, “Seizure, Removal and Disposition of Property of General and Food Vendors.” Prepare PROPERTY CLERK INVOICE (PD521-141) utilizing the Property and Evidence Tracking System and select “FORFEITURE” as Property Category. Comply with P.G. 218-39, “Seizure, Removal and Disposition of Property of General and Food Vendors.” Prepare PEDDLER FORFEITURE QUESTIONNAIRE (PD260-155) upon arrival at command of individual seeking to reclaim seized property. a. Ensure the names and addresses of all persons involved, (e.g., driver, owner of vehicle and/or representative, etc.) AND PROPERTY CLERK INVOICE serial number(s) are entered on PEDDLER FORFEITURE QUESTIONNAIRE. Have claimant sign perforated, tear-off portion of PEDDLER FORFEITURE QUESTIONNAIRE entitled, “Peddler PropertyAcknowledgement of Demand.” Send by FAX or forward by messenger copies of all relevant documents, including: a. Completed PEDDLER FORFEITURE QUESTIONNAIRE with signed “Peddler Property-Acknowledgement of Demand” b. PROPERTY CLERK INVOICE c. Environmental Control Board Notice of Violation or summons d. ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), if applicable e. Any other documents prepared within one day of the demand for the return of property to: Assistant Chief, Administrative Law Division New York City Law Department 100 Church Street, Room 5J17 New York, New York 10007 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-41 PAGE: 08/01/13 DESK OFFICER 7. (continued) 8. 9. 10. 11. PATROL BOROUGH COORDINATOR 12. 13. 14. 2 of 2 Provide claimant appearing at stationhouse with: a. Peddler Property-Acknowledgement of Demand (perforated, tear-off portion of original PEDDLER FORFEITURE QUESTIONNAIRE) b. “Prisoner/Finder/Owner” copy of PROPERTY CLERK INVOICE. Forward to patrol borough coordinator: a. ORIGINAL (less tear-off portion) and one copy of PEDDLER FORFEITURE QUESTIONNAIRE b. Two copies of PROPERTY CLERK INVOICE, Environmental Control Board Notice of Violation and Hearing or summons and ON LINE BOOKING SYSTEM ARREST WORKSHEET, if applicable. Comply with steps “4” through “8” for EACH SUBSEQUENT CLAIMANT appearing at the stationhouse to reclaim same property. Retain copies of all forms prepared on ORIGINAL and SUBSEQUENT SERVICE, if appropriate, for command file. Maintain record of forms received from command under the following captions: DATE ADDITIONAL DATA REVISION NUMBER: SERIAL NO. CLAIMANT’S NAME OWNER/ REPRESENTATIVE INVOICE NO. SUMMONS NO. VENDOR’S NAME Assign borough serial number to each PEDDLER FORFEITURE QUESTIONNAIRE. Check all forms for completeness and accuracy. a. Return any form containing errors and/or omissions to precinct of origin for correction. Act as a liaison with Corporation Counsel in all matters pertaining to the forfeiture program. OPERATIONAL ISSUES It is now the responsibility of the Corporation Counsel to serve the claimant with the summons and complaint. However, it is imperative that copies of the completed PEDDLER FORFEITURE QUESTIONNAIRE, as well as any other documents prepared in conjunction with this procedure, be forwarded to the Corporation Counsel within one day of the claimant’s appearance at command to reclaim seized property. RELATED PROCEDURE Seizure, Removal and Disposition of Property of General and Food Vendors (P.G. 218-39) FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PEDDLER FORFEITURE QUESTIONNAIRE (PD260-155) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-42 OBTAINING AND RETURNING OF PROPERTY CLERK DIVISION SEALS (PLASTIC SECURITY SEALS) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To record the distribution of Property Clerk Division seals issued to uniformed members of the service assigned to peddler enforcement duty and to ensure the integrity of returned Property Clerk Division seals. SCOPE Uniformed members of the service below the rank of captain, assigned to peddler enforcement duty, must carry a sufficient amount of Property Clerk Division seals. PROCEDURE When assigned to peddler enforcement duty: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. Obtain Property Clerk Division seals and CERTIFICATION OF PROPERTY CLERK DIVISION SEALS (PD521-061) from desk officer. Examine Property Clerk Division seals to ensure that there are twenty seals, consecutively numbered. Sign for Property Clerk Division seals on the PROPERTY CLERK DIVISION SEAL DISTRIBUTION CARD (PD521-1411). Sign and deliver completed CERTIFICATION OF PROPERTY CLERK DIVISION SEALS, to immediate supervisor, after all seals have been used. SUPERVISOR 5. Review completed CERTIFICATION OF PROPERTY CLERK DIVISION SEALS and verify that all Property Clerk Division seals are accounted for. a. Document verification by initialing the top portion of the CERTIFICATION OF PROPERTY CLERK DIVISION SEALS. UNIFORMED MEMBER OF THE SERVICE 6. Deliver unused Property Clerk Division seals and CERTIFICATION OF PROPERTY CLERK DIVISION SEALS, to the command where they were issued, when transferred or separated from the Department. Notify commanding officer, without delay, when a Property Clerk Division seal is damaged or missing. 7. COMMANDING 8. OFFICER/ RANKING SUPERVISOR 9. DESIGNEE 10. 11. Examine CERTIFICATION OF PROPERTY CLERK DIVISION SEALS to verify that: a. All information has been recorded b. No discrepancies exist. Take appropriate action if discrepancies are found. Obtain unused or damaged peddler seals from transferred or separated members. Destroy unused or damaged Property Clerk Division seals; they are not to be re-issued. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-42 INTEGRITY CONTROL OFFICER PAGE: 08/01/13 12. 13. 14. FORMS AND REPORTS REVISION NUMBER: 2 of 2 Make random inspections of CERTIFICATION OF PROPERTY CLERK DIVISION SEALS. Indicate inspection by entering date and initials on the reverse side of CERTIFICATION OF PROPERTY CLERK DIVISION SEALS. Report any discrepancies to the commanding officer. CERTIFICATION OF PROPERTY CLERK DIVISION SEALS (PD521-061) PROPERTY CLERK DIVISION SEAL DISTRIBUTION CARD (PD521-1411) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-43 REMOVAL AND STORAGE FEES FOR LICENSED FOOD VENDORS EQUIPMENT AND GOODS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To collect removal and storage fees for vehicles, carts, goods or food of a licensed food vendor. PROCEDURE When the owner or person lawfully entitled to possession of a peddler’s vehicle, cart, stand or goods appears at a Department facility to claim property: DESK OFFICER 1. 2. 3. 4. 5. 6. 7. 8. 9. ADDITIONAL DATA Collect removal fee as follows: a. Vehicle, cart, stand removed by Department vehicle - $65.00 b. Vehicle, cart, stand not removed by Department vehicle - $20.00 c. Goods taken into custody with vendor’s vehicle, cart, stand - $10.00 d. Goods only seized - $20.00. Ensure goods/foods and vehicle, carts, stand, etc. which are stored separately are charged a separate storage fee. Collect storage fee of $5.00 per day or part of day. a. Storage fee will not be imposed for the day the vehicle, cart, stand or goods/food are initially delivered to the command. Prepare two copies of FEE RECEIPT (PD122-017). Mark receipt “VOID” if an error is made in its preparation. a. Prepare new receipt. b. File receipt marked “VOID” in command. Give original RECEIPT to claimant. Complete the “Release/Disposition – Return to Owner” function utilizing the Property and Evidence Tracking System. a. Have claimant sign utilizing the digital signature capture device. Forward fees collected for removal/storage to Audits and Accounts Unit on the next business day (except Saturdays, Sundays and civilian holidays). a. Fees received at commands after 1600 hours or on days when the Audits and Accounts Unit is closed will be safeguarded and processed the next business day. File copy of FEE RECEIPT in command. OPERATIONAL CONSIDERATIONS A vehicle, cart, stand, or goods will not be released to an owner or his representative who alleges it was stolen and refuses to pay removal/storage charges. The seized property of a licensed vendor will be returned upon demand and without the payment of any fee, when the vendor produces a valid vendor’s license. An appropriate entry will be made in the “Remarks” section of the PROPERTY CLERK INVOICE. Pushcarts, stands, and/or merchandise removed from an unlicensed peddler will not be returned to the claimant upon payment of removal and storage fees, but will become the subject of forfeiture proceedings per P.G. 218-41, “Unlicensed Peddler Forfeiture Program.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-43 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 RELATED PROCEDURE Unlicensed Peddler Forfeiture Program (P.G. 218-41) FORMS AND REPORTS FEE RECEIPT (PD122-017) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT 2 of 2 PATROL GUIDE Section: Property - General Procedure No: 218-44 REMOVAL AND STORAGE CHARGES DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 1 PURPOSE To collect and forward fees received for vehicles or boats in police custody. DEFINITION VEHICLE OR BOAT IN POLICE CUSTODY - A motor vehicle or boat abandoned, involved in a collision or an unoccupied boat found adrift which has been taken to a Department facility. (Does not include motor vehicles or boats impounded as evidence). PROCEDURE When the owner or person lawfully entitled to possession appears at a Department facility to claim a vehicle or boat: DESK OFFICER 1. OR PERSON IN 2. CHARGE OF STORAGE FACILITY 3. 4. 5. Collect towing fee of $25.00 if Department tow or launch removes a vehicle or boat in police custody. Collect storage fee of $5.00 per day or part of day for an abandoned vehicle or boat or a vehicle or boat involved in a collision. (No storage fee will be imposed for the day a vehicle or boat is delivered to a department facility.) Charge $5.00 per day or part of day commencing three days after notice to owner by registered mail for an unoccupied boat found adrift or a stolen vehicle or boat. Prepare FEE RECEIPT (PD122-017) in numerical sequence. a. Original copy to claimant. b. Copy to Audits and Accounts Unit. c. Leave third copy in FEE RECEIPT BOOK as command file copy. Forward fees collected to Audits and Accounts Unit each day (excluding Saturdays, Sundays and holidays) with three copies of itemized report and corresponding FEE RECEIPT for each boat or vehicle returned to claimant. NOTE The New York City Administrative Code requires that fees collected be forwarded “on next business day.” Fees collected at commands after 1600 hours or on days when the Audits and Accounts Unit is closed will be safeguarded and processed the next business day. The Audits and Accounts Unit is closed for business on weekends and all civilian holidays. ADDITIONAL DATA DO NOT release vehicle or boat to an owner or his representative who alleges it was stolen and refuses to pay charges due. RELATED PROCEDURES Forwarding Fees to Audits and Accounts Unit (P.G. 212-82) FORMS AND REPORTS FEE RECEIPT (PD122-017) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-45 PISTOL LICENSE SUSPENSION, REVOCATION OR CANCELLATION DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To facilitate the surrender of pistol licenses and firearms when a license is suspended, revoked or cancelled. DEFINITION FIREARM - For the purposes of this procedure, a firearm is defined as any pistol or revolver listed on a PISTOL LICENSE (PD643-052). PROCEDURE Upon receipt of a FIREARMS - SURRENDER NOTICE (PD641-123), through channels, from the License Division: 1. OPERATIONS COORDINATOR Assign/designate a member of the service to record receipt of FIREARMS - SURRENDER NOTICE, by serial number, in Precinct Communication Log and deliver NOTICE(S) to commanding officer. COMMANDING 2. OFFICER 3. Assign a uniformed member of the service, preferably a supervisor, to conduct a prompt investigation. Ensure investigation is completed and all related forms are forwarded to the License Division, through channels, within thirty days of date FIREARMS - SURRENDER NOTICE was received at command. 4. Respond to licensee’s address and request surrender of pistol license and firearm(s) indicated on FIREARMS - SURRENDER NOTICE. a. Attempt to make visits at times other than during the second platoon (e.g., 4 x12’s, weekends, etc.), if necessary. b. Contact the License Division for further direction if licensee refuses to surrender firearm(s) after FIREARMS - SURRENDER NOTICE has been served and the licensee offers no evidence or documentation indicating that firearm(s) were legally disposed of. COMMANDING 5. OFFICER, LICENSE DIVISION Confer with the Legal Bureau and Detective Bureau, if necessary, and advise the appropriate course of action. 6. Complete and sign pink copy of FIREARMS - SURRENDER NOTICE and present to licensee as receipt for surrendered item(s). Prepare PROPERTY CLERK INVOICE (PD521-141) utilizing the Property and Evidence Tracking System, and process firearm(s) as per provisions of P.G. 218-23, “Processing Firearms and Firearm-Related Evidence”, if firearm(s) is among items surrendered. a. Include the following notation under “Remarks” on PROPERTY CLERK INVOICE: UNIFORMED MEMBER ASSIGNED UNIFORMED MEMBER ASSIGNED 7. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-45 UNIFORMED MEMBER ASSIGNED (continued) REVISION NUMBER: PAGE: 08/01/13 2 of 3 “FIREARMS SHALL NOT BE RELEASED WITHOUT WRITTEN AUTHORIZATION OF THE COMMANDING OFFICER, LICENSE DIVISION.” 8. 9. 10. 11. 12. COMMANDING 13. 14. OFFICER Attempt to obtain new address if licensee no longer resides or is employed at address indicated on FIREARMS - SURRENDER NOTICE. a. Enter new address on buff copy of FIREARMS - SURRENDER NOTICE. b. Serve FIREARMS - SURRENDER NOTICE if new address is located within the confines of command. (1) If new address is not within confines of command, enter all information on buff copy of FIREARMS - SURRENDER NOTICE and return to License Division. c. Enter relevant information on buff copy of FIREARMS SURRENDER NOTICE if new address cannot be obtained. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) and refer to detective squad when: a. Firearm is lost or stolen and has not been previously reported as such b. Member suspects licensee still resides or is employed at location and is intentionally avoiding service of FIREARMS-SURRENDER NOTICE c. Member believes firearms may have been used in commission of a crime. (1) Forward REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) and firearm to Firearms Analysis Section for analysis with a copy of COMPLAINT REPORT. Complete all relevant sections on buff copy of FIREARMS SURRENDER NOTICE. Deliver buff and white copies of FIREARMS - SURRENDER NOTICE to commanding officer. a. Include the following items, if obtained: (1) PISTOL LICENSE (2) “Assigned Investigator” copy of PROPERTY CLERK INVOICE (3) Photocopy of COMPLAINT REPORT (4) Any other substantiating documentation. Make complete entry of relevant facts in ACTIVITY LOG (PD112-145). Endorse buff copy of FIREARMS - SURRENDER NOTICE. Forward buff and white copies of FIREARMS - SURRENDER NOTICE, along with the following items, if obtained, to License Division: a. PISTOL LICENSE b. Assigned Investigator copy of PROPERTY CLERK INVOICE c. Photocopy of COMPLAINT REPORT d. Any other substantiating documentation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-45 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 OPERATIONAL CONSIDERATIONS A pistol licensee may legally dispose of a properly registered firearm by sale to a licensed New York State gun dealer, or to a person authorized to possess firearms, or by surrendering for safekeeping to a police agency. Such information must be entered on buff copy of FIREARMS - SURRENDER NOTICE. In cases where the licensee is believed to have relocated outside of the City of New York, License Division personnel will notify the appropriate agency. RELATED PROCEDURES Voluntary Surrender of Weapons with Written Notice (P.G. 207-26) Voluntary Surrender of Weapons without Prior Written Notice (P.G. 207-27) Invoicing Property – General Procedure (P.G. 218-01) Processing Firearms and Firearm-Related Evidence (P.G. 218-23) Rifle/Shotgun Permit Suspended, Revoked, Disapproved (P.G. 212-85) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT WORKSHEET (PD313-152A) FIREARMS - SURRENDER NOTICE (PD641-123) PISTOL LICENSE (PD643-052) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-46 PROCESSING OF FOUND PROPERTY RECOVERED BY SCHOOL SAFETY AGENTS IN FACILITIES OR ON PROPERTY OWNED BY THE DEPARTMENT OF EDUCATION DATE ISSUED: 09/06/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 09/06/13 1 of 3 PURPOSE To record and process found property recovered by a school safety agent, in facilities or on property owned by the Department of Education. DEFINITIONS FOUND PROPERTY - Any lost article. CONTRABAND - Items which are prohibited by the Penal Law and Administrative Code; such items include but are not limited to firearms, narcotics, marijuana, box cutters, and switchblades. NON-CONTRABAND - Items which are not prohibited by the Penal Law and Administrative Code; such items include, but are not limited to personal stereos, CD players, metrocards, clothing and bookbags. Items which may violate the Chancellor’s or school rules, e.g., marking pens, will also be categorized as noncontraband. PROCEDURE Upon coming into possession of found property in facilities or on property owned by the Department of Education, whether on or off duty: SCHOOL SAFETY AGENT 1. NOTE The owner of a found NYC Transit metrocard may be identified through the records maintained by the transportation coordinator in each school. 2. NOTE Examine the found property and ascertain whether it is contraband, evidence, dangerous to health and safety, or is U.S. currency valued at $10.00 or more, to determine who will take custody of the property. a. Identify owner if possible. Make complete ACTIVITY LOG (PD112-145) entries to include: a. Circumstances of recovery b. Detailed description of the found property c. Name, address, and telephone number of person (if other than school safety agent) who recovered and returned found property d. Name, shield number, and command of uniformed member of the service taking custody of found property, when applicable. If the property is readily identifiable as belonging to a student or staff member, such property can be retained by the school safety agent and returned to its rightful owner who will then acknowledge receipt by signing the school safety agent’s ACTIVITY LOG. When property is recovered and turned over to a school safety agent, the agent will request that the finder sign the agent’s ACTIVITY LOG. In all instances when the finder refuses, the school safety agent will indicate such below the property description in their ACTIVITY LOG and then request that the School Safety Agent III/ School Safety Supervisor, or precinct school safety sergeant respond. Supervisor will then sign the agent’s ACTIVITY LOG. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-46 REVISION NUMBER: PAGE: 09/06/13 2 of 3 SCHOOL SAFETY AGENT 3. Notify: a. The School Safety Agent III/ School Safety Supervisor, or precinct school safety sergeant and/or principal, as soon as possible b. The School Safety Operations Center in all cases and provide information obtained in step 2 c. The precinct patrol supervisor, if firearm, other contraband, evidence, or U.S. currency valued at $10.00 or more is involved and precinct school safety sergeant is not available. SCHOOL SAFETY OPERATIONS CENTER PERSONNEL 4. Enter in the criminal incident database a description of the found property, the names of the finder, supervisor notified, and school safety agent. a. Assign a control/safety incident number. SCHOOL SAFETY AGENT 5. Enter in ACTIVITY LOG the name of the person notified at the Operations Center and the control/safety incident number assigned. Deliver non-contraband, non-evidence property, including U.S. currency valued at less that $10.00, to the school principal or designee and request that they sign ACTIVITY LOG. NOTE If either refuses to accept property and/or sign the ACTIVITY LOG, then contact the School Safety Agent III/ School Safety Supervisor or precinct school safety sergeant. In this situation, the property will be safeguarded by the receiving agent until it is taken into possession by a uniformed member of the service who will invoice said property. 6. IF RECOVERED FOUND PROPERTY IS A FIREARM OR OTHER TYPE OF CONTRABAND, EVIDENCE, OR U.S. CURRENCY VALUED AT $10.00 OR MORE SCHOOL SAFETY AGENT 7. Safeguard property until delivered to precinct uniformed personnel. NOTE All firearms should be considered loaded and operable. DO NOT touch, disturb, or move a firearm in any way unless absolutely necessary (e.g., large crowd gathering, rendering aid to a victim, etc.) DO NOT attempt to unload a firearm. A bookbag, briefcase, purse, wallet, etc., found to contain any contraband property, must be invoiced along with the contraband property. SCHOOL SAFETY AGENT III/ SCHOOL SAFETY SUPERVISOR 8. 9. Respond to location: a. Verify ACTIVITY LOG entry. b. Ensure that non-contraband, non-evidence property, including U.S. currency valued at less than $10.00 has been delivered to the principal or designee. Notify the precinct school safety sergeant to respond and take possession of any firearm, contraband, evidence, or U.S. currency valued at $10.00 or more. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-46 REVISION NUMBER: PAGE: 09/06/13 3 of 3 NOTE The School Safety Agent III/ School Safety Supervisor will notify the precinct patrol supervisor if any of these items are involved and the precinct school safety sergeant is not available. PRECINCT SCHOOL SAFETY SERGEANT/ PATROL SUPERVISOR 10. RELATED PROCEDURES Confiscation Of New York City Transit Student MetroCards (P.G. 215-15) Police Actions, Related Questioning, Arrests and Investigations at Department of Education Facilities (P.G. 215-17) Search Protocols For School Safety Agents (P.G. 215-18) FORMS AND REPORTS ACTIVITY LOG (PD112-145) Respond to location: a. Take custody of firearm, other contraband, evidence, or U.S. currency valued at $10.00 or more b. Assign a precinct uniformed member of the service to invoice the firearm, other contraband, evidence, or U.S. currency valued at $10.00 or more c. Ensure that any necessary reports are prepared. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-48 VEHICLE SEIZURE AT TIME OF ARREST DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure the opportunity for a post-seizure retention hearing for those individuals from whom a vehicle is seized, or the lawful owner of such vehicle. PROCEDURE Whenever a vehicle is taken into custody where the vehicle operator was arrested for a crime, members of the service will comply with the following procedure: ARRESTING OFFICER 1. 2. 3. 4. Prepare PROPERTY CLERK INVOICE (PD521-141) utilizing the Property and Evidence Tracking System as indicated in P.G. 218-19, “Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner.” Print and complete VEHICLE SEIZURE FORM (PD571-1218) utilizing Property and Evidence Tracking System. Insert precinct vehicle seizure number obtained from the COMMAND VEHICLE SEIZURE INDEX (PD571-091) on the VEHICLE SEIZURE FORM in caption indicated. Have defendant/operator sign the VEHICLE SEIZURE FORM to acknowledge receipt. a. If defendant/operator refuses to sign, note refusal on form. DESK OFFICER 5. Verify VEHICLE SEIZURE FORM for accuracy and completeness, and have arresting officer sign. 6. Sign VEHICLE SEIZURE FORM and issue a copy to the defendant/operator. Fax completed PROPERTY CLERK INVOICE along with copy of VEHICLE SEIZURE FORM to Vehicle Seizure Unit, Legal Bureau. a. Document fax transmittal in Telephone Record. Provide Assistant District Attorney preparing the criminal court complaint with a copy of completed VEHICLE SEIZURE FORM. Forward the following in the next day’s A.M. Department mail to the Legal Bureau, Vehicle Seizure Unit, 2 Lafayette Street, 5th Floor, New York, New York: a. Original copy of VEHICLE SEIZURE FORM b. Copy of PROPERTY CLERK INVOICE c. Copy of signed criminal court complaint d. Copy of Police Accident Report (MV104AN), if applicable. ARRESTING OFFICER 7. 8. 9. DESK OFFICER 10. Ensure that five photocopies of the VEHICLE SEIZURE FORM are made and distributed as follows: a Defendant b. Assistant District Attorney c. Invoicing Officer d. Arresting Officer NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-48 REVISION NUMBER: PAGE: 08/01/13 e. f. DESK OFFICER (continued) 2 of 2 Civil Enforcement Unit Make a Command Log entry indicating the name and address of the person served, whether he/she refused or signed the form and the name and shield number of the officer who served the form. EVIDENCE/ PROPERTY CONTROL SPECIALIST 11. Collect and maintain copy of VEHICLE SEIZURE FORMS. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Vehicles registered or titled to third parties (e.g. defendant’s parents, spouse, friends, relatives, or business entities) are generally not seized for forfeiture unless a beneficial ownership situation exists or some specific knowledge on the part of that third party owner can be proven. If evidence of this knowledge exists (such as statements or other indications of ownership by the defendant), it must be indicated in the “Remarks” section of the PROPERTY CLERK INVOICE. A COMMAND VEHICLE SEIZURE INDEX will be maintained in a binder at the desk of all commands that process arrests. DEPARTMENT POLICY Commanding officers will ensure that compliance with the guidelines set forth in this procedure become part of the command’s self inspection program which will be monitored by the Quality Assurance Division. This self inspection is mandatory and to be performed monthly. RELATED PROCEDURE Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner (P.G. 218-19) FORMS AND REPORTS COMMAND VEHICLE SEIZURE INDEX (PD571-091) PROPERTY CLERK INVOICE (PD521-141) VEHICLE SEIZURE FORM (PD571-1218) Police Accident Report (MV104AN) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-49 IMMEDIATE DELIVERY OF DNA EVIDENCE TO THE POLICE LABORATORY AND THE OFFICE OF THE CHIEF MEDICAL EXAMINER (OCME) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To provide a standard procedure for the immediate delivery of DNA evidence from the invoicing precinct, PSA and transit district command direct to the Police Laboratory, and subsequently, immediately and directly to the Office of Chief Medical Examiner (OCME). PROCEDURE When circumstances exist that require the immediate delivery of DNA evidence from the invoicing precinct, PSA and transit district command direct to the Police Laboratory, and subsequently, immediately and directly to the Office of Chief Medical Examiner (OCME): DETECTIVE SUPERVISOR 1. 2. 3. Determine whether circumstances exist that require the immediate delivery of DNA evidence including Sexual Offense Evidence Collection Kits direct to the Police Laboratory, and subsequently, the immediate delivery of the DNA evidence including Sexual Offense Evidence Collection Kits from the Police Laboratory direct to the Office of Chief Medical Examiner (OCME) for expeditious analysis based upon: a. A conferral with the “catching/assigned” investigator; and, b. A conferral with the Crime Scene Unit personnel or Evidence Collection Team personnel who collected the DNA evidence, other forensic evidence and investigative evidence; and, c. The type of crime (e.g., pattern rape), and the nature of the perpetrator (e.g., violent rapist), and the results of the investigation (e.g., unidentified perpetrator), and other relevant circumstances. Confer with Forensic Investigations Division (FID) OCME Liaison Unit personnel and, if available, the Detective Borough DNA Coordinator, regarding the circumstances requiring the IMMEDIATE delivery of the DNA evidence including Sexual Offense Evidence Collection Kits DIRECT to the Police Laboratory, and subsequently, the IMMEDIATE delivery of the DNA evidence including Sexual Offense Evidence Collection Kits from the Police Laboratory DIRECT to the OCME for expeditious analysis. a. If no FID OCME Liaison Unit personnel are available, confer with a Police Laboratory Evidence Control Supervisor. b. If the Detective Borough DNA Coordinator is not available, confer with the Detective Borough DNA Coordinator as soon as possible. Confer with the desk officer, and: a. Explain the circumstances requiring the IMMEDIATE delivery of the DNA evidence DIRECT to the Police Laboratory, and subsequently, the IMMEDIATE delivery of the DNA evidence from the Police Laboratory DIRECT to the OCME Evidence Unit b. Request that a uniformed member of the service be directed to IMMEDIATELY deliver the DNA evidence DIRECT to the Police Laboratory, and subsequently, to IMMEDIATELY NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-49 DETECTIVE SUPERVISOR (continued) REVISION NUMBER: PAGE: 08/01/13 4. 2 of 4 deliver the DNA evidence from the Police Laboratory DIRECT to the OCME Evidence Unit. Follow-up to ensure that the DNA evidence was IMMEDIATELY delivered DIRECT to the Police Laboratory, and subsequently, the DNA evidence was IMMEDIATELY delivered from the Police Laboratory DIRECT to the OCME Evidence Unit. DESK OFFICER 5. Create a PROPERTY TRANSFER REPORT (PD521-1412) utilizing the Property and Evidence Tracking System, ensuring all DNA evidence is appropriately entered in compliance with Department procedures. 6. Review PROPERTY TRANSFER REPORT and digitally sign REPORT. DESK OFFICER 7. Digitally sign PROPERTY TRANSFER REPORT verifying accuracy and completeness. Make an entry in Command Log including: a. All PROPERTY CLERK INVOICE (PD521-141) numbers. b. Rank, name and tax number of the member of the service delivering the DNA evidence. c. Department vehicle number of the assigned vehicle. Direct a uniformed member of the service to IMMEDIATELY deliver the DNA evidence DIRECT to the Police Laboratory, and subsequently, to IMMEDIATELY deliver the DNA evidence from the Police Laboratory DIRECT to the OCME Evidence Unit. MEMBER OF THE SERVICE DELIVERING DNA EVIDENCE 8. 9. MEMBER OF THE SERVICE DELIVERING DNA EVIDENCE 10. Immediately deliver the DNA evidence direct to the Police Laboratory. POLICE LABORATORY EVIDENCE CONTROL SUPERVISOR 11. Inspect the DNA evidence, and ensure: a. The DNA evidence is properly packaged and sealed. b. Each DNA evidence container / package is properly listed on an appropriate PROPERTY CLERK INVOICE. c. Each PROPERTY CLERK INVOICE is listed on an appropriate PROPERTY TRANSFER REPORT. d. All Department forms / reports are properly prepared. e. All required Department forms, reports, records, etc., are properly attached to the corresponding evidence. f. The DNA evidence is probative, and requires immediate delivery direct to the OCME Evidence Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-49 POLICE LABORATORY EVIDENCE CONTROL SUPERVISOR (continued) REVISION NUMBER: PAGE: 08/01/13 3 of 4 g. 12. 13. 14. If accurate confirm acceptance of PROPERTY TRANSFER REPORT in Property and Evidence Tracking System. Assign an appropriate “Police Laboratory Number" to each INVOICE. Print completed PROPERTY TRANSFER REPORT. File the completed PROPERTY TRANSFER REPORT appropriately. MEMBER OF THE SERVICE DELIVERING DNA EVIDENCE 15. POLICE LABORATORY SUPERVISOR 17. 18. Digitally sign PROPERTY TRANSFER REPORT. Direct member of the service to IMMEDIATELY deliver the DNA evidence DIRECT to the OCME Evidence Unit. MEMBER OF THE SERVICE DELIVERING DNA EVIDENCE 19. Immediately deliver the DNA evidence direct to the OCME Evidence Unit. If the OCME Evidence Unit refuses to accept one or more DNA evidence containers /packages, notify: a. A Police Laboratory Evidence Control Supervisor; and, b. When applicable, an appropriate Detective Supervisor. OCME EVIDENCE UNIT PERSONNEL 21. 22. MEMBER OF THE SERVICE DELIVERING DNA EVIDENCE 24. 16. 20. 23. 25. 26. Create a PROPERTY TRANSFER REPORT utilizing the Property and Evidence Tracking System, ensuring all DNA evidence is appropriately entered. Review PROPERTY TRANSFER REPORT and digitally sign REPORT. Perform intake utilizing the Property and Evidence Tracking System. Confirm acceptance of PROPERTY TRANSFER REPORT in Property and Evidence Tracking System utilizing user name and password. Print five copies of the PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) for each PROPERTY TRANSFER REPORT accepted. a. Provide three copies to Messenger. b. Retain two copies for OCME use. Obtain three copies of the PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT for each PROPERTY TRANSFER REPORT. Telephone the Police Laboratory Evidence Control Section, and confer with a supervisor. a. Provide the Evidence Control Section personnel with the OCME Evidence Unit “Evidence Control Number” assigned to each INVOICE listed on each PROPERTY TRANSFER REPORT. Deliver all copies of the PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT to the desk officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-49 PAGE: 08/01/13 DESK OFFICER 27. 28. DETECTIVE SUPERVISOR REVISION NUMBER: 29. 30. 4 of 4 File two copies of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT. Immediately deliver the copy of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT direct to an appropriate Detective Supervisor. Ensure the copy of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT that lists DNA evidence is immediately placed in the appropriate case file. Ensure a COMPLAINT FOLLOW-UP (PD313-081) is prepared and placed in the appropriate case file indicating the: a. Date and time of delivery of all DNA evidence delivered to the OCME Evidence Unit; and, b. Police Laboratory “Police Laboratory Number” and OCME Evidence Unit “Evidence Control Number” for all DNA evidence delivered to the OCME Evidence Unit. RELATED PROCEDURE Delivery of Evidence to the Police Laboratory (P.G. 218-04) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) PROPERTY TRANSFER REPORT (PD521-1412) PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) COMPLAINT FOLLOW-UP (PD313-081) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-50 PRISONER CELLULAR TELEPHONE(S) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To account for cellular telephone(s) of prisoners. DEFINITION IMEI NUMBER – International Mobile Equipment Identity Number. Each cellular telephone handset that utilizes GSM technology is assigned a unique serial number called the IMEI number. The IMEI number consists of either fifteen or sixteen digits. In the New York metropolitan area, T-Mobile, AT&T and Nextel/Boost Mobile use GSM technology. PROCEDURE When a prisoner is in possession of one or more cellular telephones at the time of arrest, in addition to Department arrest and invoicing procedures, members of the service will: ARRESTING OFFICER 1. 2. If a prisoner is not eligible for a DESK APPEARANCE TICKET and it is necessary to safeguard personal property, invoice the cellular telephone for “Safekeeping,” unless the circumstances regarding the arrest indicate the cellular telephone should be invoiced as “Investigatory Evidence” or “Arrest Evidence.” Remove battery from cellular telephone to prevent battery from leaking and damaging the cellular phone. WHEN INVOICING A CELLULAR TELEPHONE WHICH IS EQUIPPED WITH AN INTERNATIONAL MOBILE EQUIPMENT IDENTITY (IMEI) NUMBER (I.E., T-MOBILE, AT&T OR NEXTEL/BOOST MOBILE) ARRESTING OFFICER 3. 4. 5. DETECTIVE SQUAD MEMBER, PRECINCT OF ARREST 6. 7. 8. Obtain the International Mobile Equipment Identity (IMEI) number from the sticker in the battery compartment in the rear of the cellular telephone, or from the sticker on the rear of the cellular telephone viewing screen. Photocopy the area of the cellular telephone listing the IMEI number. a. Ensure the IMEI number is clearly reproduced on the photocopy. If the IMEI number sticker has been removed from the cellular telephone, or if the IMEI number is defaced: a. Invoice as “Investigatory Evidence” b. Immediately notify desk officer c. Immediately notify detective squad supervisor, precinct of arrest, or if not available, detective squad investigator, precinct of arrest i. Between 0100 and 0800 hours, immediately notify the Detective Borough Nightwatch Squad d. Immediately notify field intelligence officer. Interview prisoner. Notify Central Robbery Section. Confer with arresting officer and conduct thorough investigation to determine whether the cellular telephone was previously reported lost or stolen. a. If cellular telephone was previously reported stolen, confer with the detective squad investigating the theft of the cellular telephone and the desk officer, precinct of arrest. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-50 10. 11. 12. DESK OFFICER 13. 14. 15. 16. 17. DETECTIVE SQUAD MEMBER, PRECINCT OF ARREST PAGE: 08/01/13 DESK OFFICER 9. ARRESTING OFFICER REVISION NUMBER: 18. 2 of 3 Determine whether prisoner should be charged with additional offenses after conferral with detective squad member. Enter the IMEI number in the appropriate caption in the “Perpetrator” section of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). Attach the photocopy of the area of the cellular telephone listing the IMEI number to the completed ON-LINE BOOKING SYSTEM ARREST WORKSHEET. Prepare the OMNIFORM System ARREST REPORT. a. Ensure the correct IMEI number is properly entered in the “IMEI” section of the OMNIFORM System ARREST REPORT by carefully examining: i. Photocopy of the area of the cellular telephone listing the IMEI number; and, ii. IMEI number caption in the “Perpetrator” section of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET. Review the OMNIFORM system ARREST REPORT. Ensure the correct IMEI number is properly entered in the “IMEI” section of the OMNIFORM System ARREST REPORT by carefully comparing: a. Photocopy of the area of the cellular telephone listing the IMEI number; and, b. ON-LINE BOOKING SYSTEM ARREST WORKSHEET. Designate member of the service to search the IMEI number within the OMNIFORM System. Review the results of the OMNIFORM System IMEI number search and ensure the results are entered in the “Details” section of the OMNIFORM System ARREST REPORT. If the results of the IMEI number search indicate that the IMEI number was previously entered into the OMNIFORM System (e.g., COMPLAINT REPORT, ARREST REPORT, Detective Bureau Enterprise Case Management System, Voluntary IMEI Registration Program, etc.), notify: a. Detective squad supervisor, precinct of arrest, or if not available, detective squad investigator, precinct of arrest i. Between 0100 and 0800 hours, immediately notify the Detective Borough Nightwatch Squad b. Arresting officer c. Field intelligence officer. Comply with steps “6” through “8” if IMEI number was previously entered into the OMNIFORM System. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-50 REVISION NUMBER: PAGE: 08/01/13 DESK OFFICER 19. 3 of 3 Determine whether prisoner should be charged with additional offenses after conferral with Detective Squad member. IN ALL CASES ARRESTING OFFICER 20. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521141A), as appropriate. a. List cellular telephone and battery as separate items on the WORKSHEET b. If the cellular telephone is an T-Mobile, AT&T or Nextel/Boost Mobile cellular telephone: i. Enter the IMEI number in the “IMEI number” caption of the WORKSHEET ii. If the IMEI number sticker has been removed from the cellular telephone, or if the IMEI number has been defaced, then enter “IMEI number tampered with” in the “Remarks” section of the WORKSHEET. COMMAND CLERK 21. Enter WORKSHEET into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). ADDITIONAL DATA LEGAL CONSIDERATIONS Uniformed members of the service are reminded they must obtain a search warrant, prisoner’s consent, or some exigent circumstances must exist in order to lawfully search for information stored in a cellular telephone. FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) DESK APPEARANCE TICKET NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-51 SUSPECT EVIDENCE COLLECTION KITS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To ensure that Suspect Evidence Collection Kits are properly collected and processed for subsequent analysis. DEFINITIONS SUSPECT EVIDENCE COLLECTION KIT – a kit used by medical personnel in hospitals to gather probative forensic evidence from a suspect or arrestee. PROCEDURE When a suspect/arrestee may have probative forensic evidence physically on their person or clothing: 1. ASSIGNED INVESTIGATOR 2. 3. 4. 5. Determine if suspect/arrestee may have probative forensic evidence on his/her person or clothing. a. Evidence appropriate for collection includes, but is not limited to: clothing and underwear, body debris, secretions, bite marks, fingernail scrapings, chest hair, head hair, facial hair, pubic hair, buccal swabs, and swabs from oral, penile, scrotal, vaginal and anal areas b. When appropriate, photograph the suspect/arrestee’s physical features, wounds, clothing, tattoos, distinguishing marks, etc. When probative forensic evidence may be physically present on a suspect/ arrestee or his/her clothing, take measures to protect the forensic evidence from alteration, loss, cross transfer, contamination or change to existing physical state. a. When applicable, prevent the suspect/arrestee from washing hands, bathing or otherwise altering, losing or destroying forensic evidence on his/her person b. Prevent the suspect/arrestee from putting on or removing clothing. Obtain a voluntary consent from the suspect/arrestee for trained hospital personnel to conduct a forensic evidence examination. a. Prepare CONSENT TO SUSPECT EVIDENCE COLLECTION KIT (PD321-031) b. Request CONSENT TO SUSPECT EVIDENCE COLLECTION KIT be signed by the suspect/arrestee c. If consent is not obtained, contact the Legal Bureau to determine the appropriate course of action. If necessary, the Legal Bureau will contact the District Attorney’s Office to request an application for a court order. Escort the suspect/arrestee to a designated hospital. a. DO NOT escort the suspect/arrestee to the same hospital where victim is being treated. Alert the New York City Health and Hospital Corporation (HHC) hospital before bringing a suspect for a Suspect Evidence Collection Kit examination and request the Sexual Assault Response Team (SART) be alerted with an estimated arrival time. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-51 REVISION NUMBER: PAGE: 08/01/13 6. ASSIGNED INVESTIGATOR (continued) 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 2 of 4 Prior to the forensic examination, confer with the trained medical personnel in a private area not in the presence of the suspect/arrestee. a. Inform the medical personnel of the authority to conduct the forensic examination (i.e., consent, court order) b. Explain the facts and circumstances of the investigation c. Explain the need to look for any wounds, injuries, tattoos, scars, or other unique features d. Describe the potential probative forensic evidence that may be on the suspect/arrestee (e.g., scratch marks, bite marks, semen, blood, etc.) e. Explain the need to collect specific evidence exemplars. Ensure an investigator of the same sex as the suspect/arrestee remains with the suspect during the examination and evidence collection process. Document any statements made by the suspect during the examination and evidence collection process. DO NOT collect a separate DNA Suspect Exemplar using a NYPD DNA Exemplar Collection Kit when a suspect/arrestee provides a DNA Exemplar as part of the Suspect Evidence Collection Kit. Upon completion of medical examination, take possession of the Suspect Evidence Collection Kit from trained medical personnel. a. Obtain copy of the completed New York City Health and Hospitals Corporation Sexual Assault Suspect Examination (HHC2617) prepared by the hospital personnel. Transport the properly marked, packaged and sealed Suspect Evidence Collection Kit to the detective squad, precinct of occurrence. Prepare COMPLAINT REPORT (PD313-152), if not previously prepared. Attach copy of the COMPLAINT REPORT to the Suspect Evidence Collection Kit. a. When applicable, attach a copy of the COMPLAINT REPORT to any related DNA evidence and/or other probative forensic and/or investigative evidence. Prepare a separate PROPERTY CLERK INVOICE (PD521-141) utilizing the Property and Evidence Tracking System for each Suspect Evidence Collection Kit, and DO NOT invoice any other evidence on the INVOICE listing the Suspect Evidence Collection Kit. a. In the “ARTICLE” caption of the INVOICE enter “Suspect Evidence Collection Kit.” Prepare one or more separate PROPERTY CLERK INVOICE(S) for any other associated/related forensic evidence (e.g., suspect/arrestee’s jacket, dungarees, etc.). a. Enter all associated/related numbers into Property and Evidence Tracking System. Enter the INVOICE number, COMPLAINT REPORT number and arrest number(s), if any, on the cover of the Suspect Evidence Collection Kit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-51 DETECTIVE SUPERVISOR PAGE: 08/01/13 17. 18. 19. 20. 21. 22. ADDITIONAL DATA REVISION NUMBER: 3 of 4 Supervise evidence invoicing procedures. Ensure required Biohazard Labels are properly utilized. Review each PROPERTY CLERK INVOICE and each REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) to ensure all captions are properly prepared and all required information is accurately entered thereon. Digitally sign each INVOICE and each REQUEST in the supervisor’s caption verifying accuracy and completeness. Ensure appropriate copies of all INVOICES and all REQUESTS are placed in the investigating officer’s case file. Ensure a COMPLAINT FOLLOW-UP INFORMATIONAL (PD313081A) is prepared and placed in the case file indicating the: a. Date and time of receipt by the Police Laboratory of all Suspect Evidence Collection Kits b. Police Laboratory “Police Laboratory Number” for all Suspect Evidence Collection Kits. OPERATIONAL CONSIDERATIONS All associated/related evidence must be readily identifiable and retrievable from the Police Laboratory, Office of the Chief Medical Examiner (OCME), Property Clerk Division, etc. Members of the service must enter ALL associated/related PROPERTY CLERK INVOICE serial numbers on the PROPERTY CLERK INVOICE. Failure to do so may result in disciplinary action. LEGAL CONSIDERATIONS Neither consent nor a court order is necessary to invoice a suspect’s clothing (including underwear) or document/photograph a suspect’s physical features (e.g., bite marks, tattoos, etc.). AUTHORIZED HOSPITALS TO PROCESS SUSPECT/ARRESTEES: Manhattan Harlem Hospital Center Metropolitan Hospital Queens Queens Hospital Center Brooklyn Kings County Hospital Center Woodhull Medical and Mental Health Hospital Coney Island Hospital Bronx North Central Bronx Jacobi Medical Center Lincoln Medical Center NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-51 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 4 RELATED PROCEDURE Collection and Processing of DNA Exemplar Samples (P.G. 218-52) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) CONSENT TO SUSPECT EVIDENCE COLLECTION KIT (PD321-031) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) New York City Health and Hospitals Corporation Sexual Assault Suspect Examination (HHC2617) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-52 COLLECTION AND PROCESSING OF DNA EXEMPLAR SAMPLES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To ensure that appropriate procedures are used by members of the service when collecting and processing DNA Exemplar Samples. DEFINITIONS DNA Exemplar Sample – There are four types of DNA Exemplar Samples: 1) DNA Exemplar Elimination Consent Samples 2) DNA Exemplar Victim Consent Samples 3) DNA Exemplar Suspect/Arrestee Consent Samples 4) DNA Exemplar Suspect/Arrestee Court Ordered Samples. NYPD DNA Exemplar Collection Kit – Kit used to collect all four types of DNA Exemplar Samples. It contains: (i) an inner envelope (ii) an outer envelope (iii) a buccal swab sealed in a buccal swab package (iv) one pair of new disposable latex gloves (v) two pieces of Evidence Tape. PROCEDURE When collecting and processing DNA Exemplar Samples: ASSIGNED DETECTIVE 1. 2. 3. When a DNA Exemplar Suspect/Arrestee Court Ordered Sample is collected: a. Provide the suspect/arrestee with a copy of the court order b. File the original court order in the case file. When a DNA Exemplar Elimination Consent, Victim Consent, or Suspect/Arrestee Consent Sample is collected: a. Obtain a voluntary consent b. Request the CONSENT TO SUBMIT DNA SAMPLE (PD390031) form be signed by the consenter c. File each signed CONSENT TO SUBMIT DNA SAMPLE form in the case file. DO NOT collect DNA Exemplar Elimination Consent, Victim Consent, or Suspect/Arrestee Consent Samples if the consenter refuses to sign the CONSENT TO SUBMIT DNA SAMPLE form, even if written or verbal voluntary consent is obtained. IN ALL CASES WHEN COLLECTING A DNA EXEMPLAR SAMPLE: ASSIGNED DETECTIVE 4. 5. Use ONLY the authorized “NYPD DNA Exemplar Collection Kit” to collect a DNA Exemplar Sample. Use a permanent ink marker (i.e., sharpie) to prepare all captions on the inner and outer envelopes contained in the Kit, prior to collecting the DNA Exemplar Sample. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-52 REVISION NUMBER: PAGE: 08/01/13 a. ASSIGNED DETECTIVE (continued) 6. 7. 2 of 4 When applicable, use the terms “UNK”, “NONE”, “N/A”, etc., to ensure that an entry is made in ALL captions on the inner and outer envelopes. Collect a DNA Exemplar Sample in the following manner: a. Complete the entire marking, collecting, packaging, and sealing process for one DNA Exemplar Sample prior to commencing the marking, collecting, packaging, and sealing process for the next separate DNA Exemplar Sample i. Never collect more than one DNA Exemplar Sample at the same time. b. Don one pair of new, unused, clean disposable latex gloves c. Continuously observe the person providing the DNA Exemplar Sample throughout the entire collection process d. Provide one new, unused, clean, unopened “buccal swab package” to the person who will produce the DNA Exemplar Sample i. Do not remove the buccal swab from the buccal swab package. e. Instruct the person providing the DNA Exemplar Sample to: i. Carefully remove the buccal swab from the buccal swab package ii. Prevent the buccal swab head from coming into contact with any object iii. Vigorously rub the buccal swab head against the inside of the cheek. f. Recover the buccal swab g. Air dry the buccal swab h. Do not permit the buccal swab head to touch any other object or surface i. Slide the “applicator protector” over the buccal swab head j. Place the buccal swab in the marked inner envelope and properly seal it with Evidence Tape k. Legibly sign name across the border between the Evidence Tape and the marked inner envelope with permanent ink marker (i.e., sharpie) l. Place the marked inner envelope in the marked outer envelope and properly seal it with Evidence Tape i. Only use Evidence Tape when sealing the inner and outer envelopes. DO NOT use staples or any other type of tape (scotch, masking, electrical, etc.). m. Legibly sign name across the border between the Evidence Tape and the marked outer envelope with a permanent ink marker (i.e., sharpie). Discard the swab and repeat steps “4”, “5” and “6”, if swab head becomes contaminated during collection. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-52 REVISION NUMBER: PAGE: 08/01/13 3 of 4 WHEN INVOICING DNA EXEMPLAR SAMPLES: ASSIGNED DETECTIVE 8. 9. 10. 11. 12. 13. Invoice one or more DNA Exemplar Elimination Consent Samples and/or one or more DNA Exemplar Victim Consent Samples on one PROPERTY CLERK INVOICE (PD521-141). a. List each DNA Exemplar Elimination Consent Sample and/or each DNA Exemplar Victim Consent Sample as a separate ITEM on a separate line on the INVOICE; giving each Sample a separate ITEM number. b. DO NOT invoice DNA Exemplar Elimination Consent and/or Victim Consent Samples on the same PROPERTY CLERK INVOICE as DNA Exemplar Suspect/Arrestee Consent and/or Suspect/Arrestee Court Ordered Samples. Invoice ONLY one DNA Exemplar Suspect/Arrestee Consent Sample on one PROPERTY CLERK INVOICE. Invoice ONLY one DNA Exemplar Suspect/Arrestee Court Ordered Sample on one PROPERTY CLERK INVOICE. Every DNA Exemplar Sample carried as a separate ITEM, with its own ITEM number, will be described in the following manner: a. In the “ARTICLE” caption of the INVOICE, write: i. The type of DNA Exemplar Sample (i.e., Elimination Consent, Victim Consent, Suspect/Arrestee Consent, Suspect/Arrestee Court Ordered), and ii. Name, date of birth, and NYSID number (if applicable) of person providing the DNA Exemplar Sample. b. Use as many lines as necessary on the INVOICE to ensure each ITEM has a separate ITEM number and is completely, accurately and legibly described on the INVOICE to conform with Step “11a.” List all associated/related INVOICE numbers into the Property and Evidence Tracking System. Prepare REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168), utilizing the Property and Evidence Tracking System for each PROPERTY CLERK INVOICE listing DNA Exemplar Samples. a. Ensure all required information is accurately entered on the REQUEST FOR LABORATORY EXAMINATION REPORT and that the “Details” section contains information regarding the: i. Facts of the case ii. Details about the relationship and connection between the DNA Exemplar Sample and other related DNA evidence or other forensic or investigative evidence. b. Ensure “Arrestee” and “Suspect” information is accurately entered on the REQUEST FOR LABORATORY EXAMINATION REPORT. c. Ensure the location/facility where the DNA Exemplar Sample was collected is accurately entered in the “Exact Location Where Evidence Was Collected/Recovered” caption on each REQUEST NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-52 REVISION NUMBER: PAGE: 08/01/13 ASSIGNED DETECTIVE (continued) 14. 15. 4 of 4 FOR LABORATORY EXAMINATION REPORT, for example, “67 Det. Sqd. office” or “234 Broadway, Apt. 3F, NY, NY” or “Courtroom # 127, 100 Centre Street” i. Do not describe the DNA Exemplar Sample collection location as “from the mouth.” Obtain computer generated copy of the related COMPLAINT REPORT (PD313-152) or, if not available, copy of handwritten COMPLAINT REPORT WORKSHEET (PD313-152A). Attach corresponding copies of the COMPLAINT REPORT, PROPERTY CLERK INVOICE, and REQUEST FOR LABORATORY EXAMINATION REPORT to the appropriate NYPD “DNA Exemplar Collection Kit” and submit to detective supervisor for review. DETECTIVE SUPERVISOR 16. Ensure compliance with P.G. 218-49, “Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME),” as applicable. ADDITIONAL DATA LEGAL CONSIDERATIONS Notify the parent/guardian of a juvenile (i.e., person less than sixteen years old) prior to obtaining consent from the juvenile to collect a DNA Exemplar Suspect/Arrestee Consent Sample. Permit the juvenile’s parent/guardian to confer with and advise the juvenile. It is not necessary to specifically request and obtain consent from the juvenile’s parent/guardian prior to obtaining the juvenile’s consent. However, if the juvenile consents and the parent/guardian objects to the juvenile’s consent, a DNA Exemplar Suspect/Arrestee Consent Sample will be collected from the juvenile if the juvenile signs the CONSENT TO SUBMIT DNA SAMPLE form. It is not necessary to notify the juvenile’s parent/guardian prior to obtaining consent from the juvenile to collect a DNA Exemplar Elimination Consent Sample or DNA Exemplar Victim Consent Sample. If the parent/guardian of the juvenile is physically present with the juvenile, they will be permitted to confer with the juvenile. It is not necessary to specifically request and obtain consent from the juvenile’s parent/guardian prior to obtaining the juvenile’s consent. However, if the juvenile consents and the parent/guardian objects to the juvenile’s consent, a DNA Exemplar Elimination Consent Sample or DNA Exemplar Victim Consent Sample will be collected from the juvenile if the juvenile signs the CONSENT TO SUBMIT DNA SAMPLE form. RELATED PROCEDURES Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME) (P.G. 218-49) Exposure of Members of the Service to Infectious Diseases or Hazardous Materials (P.G. 205-10) FORMS AND REPORTS CONSENT TO SUBMIT DNA SAMPLE (PD390-031) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-53 PROCESSING FIREWORKS EVIDENCE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To establish a standard procedure to invoice fireworks coming into custody of a uniformed member of the service. DEFINITION FIREWORKS EVIDENCE - consists of bags, boxes and/or loose items of fireworks. HEAVY DUTY BAG (FOR FIREWORKS) – a specific Department issued clear vinyl bag used for the collection and storage of loose fireworks. PROCEDURE When fireworks evidence is invoiced: INVOICING OFFICER 1. 2. 3. 4. 5. 6. Take two sets of photographs of the fireworks evidence (one set for assistant district attorney or DAT ARREST PACKAGE [PD260-123] and one set to be invoiced as arrest evidence, including if a summons is issued in lieu of arrest). a. If evidence consists of a large seizure of sealed boxes, provide overall photographs of the boxed fireworks. (1) Open one box, remove and display contents for photographing (2) Photograph displayed fireworks evidence (3) Repack and seal with Evidence Tape any box which has been opened. Provide assistant district attorney with photograph(s) in complaint room. a. If a DESK APPEARANCE TICKET is issued, place photographs in DAT ARREST PACKAGE. Create PROPERTY CLERK INVOICE (PD521-141), utilizing the Property and Evidence Tracking System for photographs taken as arrest evidence, including if a summons is issued in lieu of arrest. a. Include on PROPERTY CLERK INVOICE any associated paperwork (e.g., “price lists,” sales receipts, bills of lading or other shipping papers of an evidentiary nature, etc.). Create a separate PROPERTY CLERK INVOICE, utilizing the Property and Evidence Tracking System for fireworks evidence. Ensure that all fields on each INVOICE prepared are completely, accurately, and precisely entered. Ensure the following information is correctly entered on each INVOICE prepared: a. COMPLAINT REPORT (PD313-152) number b. ON LINE BOOKING SYSTEM ARREST REPORT (PD244159) arrest number c. Charge/offense under investigation d. Indicate the unit case number in the “Remarks” section of INVOICE, if a seizure is related to an undercover operation utilizing “buys” to develop an ongoing investigation. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-53 INVOICING OFFICER (continued) REVISION NUMBER: PAGE: 08/01/13 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. DESK OFFICER 17. 18. 2 of 5 Place all loose fireworks (i.e., any items not contained in a factory sealed cardboard box) into Department issued “Heavy Duty Bags (For Fireworks)” and close bag(s) with specific seal(s) provided. Ensure bag is not overfilled to allow room for sealing. Ensure items such as “party snaps,” “cracker balls,” “torpedoes” or any other firework that explodes upon impact are separated from other fireworks. a. A chain reaction could occur if these sensitive items were to explode in proximity to other fireworks. Do not reopen bag(s) once they have been sealed. Enter the quantity of sealed bag(s) of loose fireworks evidence in the quantity on the “Article” screen when entering the PROPERTY CLERK INVOICE. a. Select “BAG(S)” in the drop down menu under “Assorted Fireworks sealed in” and enter “Loose fireworks” in the “Additional Description” field. b. Do not individually count or describe various types of fireworks seized. Enter the quantity of sealed bag(s) of fireworks in the quantity field on the “Article” screen when entering the PROPERTY CLERK INVOICE. a. Select “BAG(S)” in the drop down menu under “Assorted Fireworks sealed in.” b. Do not individually count or describe various types of fireworks seized. Enter the quantity of sealed box(es) of fireworks in the quantity field on the “Article” screen when entering the PROPERTY CLERK INVOICE a. Select “Box(es)” in the drop down menu under “Assorted Fireworks sealed in.” b. Do not individually count or describe various types of fireworks seized. Attach a photocopy of PROPERTY CLERK INVOICE to each sealed bag or box of fireworks evidence associated with the same arrest. a. In the event of a large seizure of fireworks evidence, a minimum of ten bags or boxes must have copies of the PROPERTY CLERK INVOICE attached. Securely attach a photocopy of the ON LINE BOOKING SYSTEM ARREST REPORT to the PROPERTY CLERK INVOICE for fireworks evidence. Securely attach a photocopy of any related PROPERTY CLERK INVOICE(S) prepared to the PROPERTY CLERK INVOICE for fireworks evidence. Ensure PROPERTY CLERK INVOICE is properly prepared for fireworks evidence. Ensure a photocopy of PROPERTY CLERK INVOICE is attached to each sealed bag or box of fireworks evidence associated with the same arrest. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-53 PAGE: 08/01/13 3 of 5 a. DESK OFFICER (continued) 19. 20. 21. 22. 23. 24. 25. MEMBER OF THE SERVICE DELIVERING FIREWORKS REVISION NUMBER: 26. 27. In the event of a large seizure of fireworks evidence, a minimum of ten bags or boxes must have copies of the PROPERTY CLERK INVOICE attached. Contact the Bomb Squad Range (Rodman’s Neck) Monday through Friday, 0700 through 1500, for instructions regarding the delivery of fireworks to the Rodman’s Neck facility. a. Contact the Bomb Squad Office at all other times or in the event Range personnel are unavailable. Follow the instructions of the Bomb Squad member receiving the notification as to the time and manner in which the fireworks are to be delivered to the Rodman’s Neck Bomb Squad facility (see “ADDITIONAL DATA” for more information on safely transporting fireworks in Department vehicles). Make a Telephone Record entry of date, time and name of Bomb Squad member notified. Ensure all fireworks are properly transferred to the Bomb Squad, utilizing the Property and Evidence Tracking System, and create a PROPERTY TRANSFER REPORT (PD521-1412). Make a Command Log entry regarding the delivery of fireworks evidence to the Rodman’s Neck facility and include the following: a. List of PROPERTY CLERK INVOICE numbers being delivered to Rodman’s Neck Bomb Squad facility b. Name and shield number of member(s) of the service delivering fireworks evidence c. Department vehicle number(s) used in transportation. Ensure two copies of the PROPERTY CLERK INVOICE remain with the fireworks delivery. a. Delivering member will receive the PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172), with assigned Bomb Squad case number, as a receipt upon delivery of fireworks to the Rodman’s Neck facility. Ensure that an adequate number of Department issued “Heavy Duty Bags (For Fireworks)” are on hand for the safe packaging of loose fireworks evidence. a. Additional “Heavy Duty Bags (For Fireworks)” may be obtained from the Quartermaster Section as required. Deliver fireworks evidence and associated PROPERTY CLERK INVOICE(S) to the Bomb Squad Rodman’s Neck facility as directed by desk officer (see “ADDITIONAL DATA” for more information on safely transporting fireworks in Department vehicles). Return PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT and copy of Bomb Squad Fireworks Supporting Deposition supplied by the Bomb Squad to desk officer upon return to command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-53 PAGE: 08/01/13 DESK OFFICER 28. ADDITIONAL DATA REVISION NUMBER: 4 of 5 Have copies of PROPERTY CLERK INVOICE for fireworks evidence and Bomb Squad Fireworks Supporting Deposition filed in member’s arrest folders upon receipt. OPERATIONAL CONSIDERATIONS All loose fireworks must be placed and sealed only in the Department issued “Heavy Duty Bags (For Fireworks).” The use of any other bag (e.g., peddler, garbage, recycling, etc.) is strictly prohibited. Members of the service must always carefully follow all safety procedures when handling and/or transporting fireworks. The improper storage, transportation or handling of fireworks could result in serious injury or even death. Caution must be maintained throughout the entire procedure from seizure to disposal. The following precautions must be adhered to for reasons of personnel safety: a. b. c. d. e. f. g. h. i. j. No smoking within fifty feet of any fireworks. Handle all bags and boxes containing fireworks with care. The Bomb Squad should be contacted from the scene whenever large seizures are made, whenever an unusual problem arises regarding fireworks or when any question regarding safety arises. Large amounts of fireworks should not be stored in any Department facility. All fireworks are to be delivered to the Bomb Squad range facility as soon as practical, or as directed by the Bomb Squad after making the required notification as indicated in step “19” above. Small amounts of fireworks can safely be stored prior to transport by avoiding placement near any source of excessive heat such as radiators and portable heaters. Items such as “party snaps,” “cracker balls,” “torpedoes” or any other fireworks that explode upon impact must be separated from other fireworks. A chain reaction could occur if these sensitive items were to explode in proximity to other fireworks. As a general rule, no more than four bags of fireworks should be transported in an RMP. When fireworks are transported in an RMP, they should be placed in the rear seat as this is away from any source of heat or spark. Within Department passenger vans, fireworks should also be placed on the rear bench seats in accordance with the general rule of no more than four bags per seat. When transporting fireworks in a Department vehicle all windows should be opened a minimum of two inches to avoid toxic fumes. Fireworks should not be placed in the trunk of a vehicle. As a general rule, no more than twenty-five sealed bags or boxes of fireworks should be transported in a Department cargo van. Large seizures of fireworks, including any seizure of more than twenty-five sealed bags or boxes should be transported by a closed-body truck with a separate cab and wood cargo floor. The load must also be secured to keep it from shifting during transport. Open rack or barrier trucks will not be used for transporting fireworks. Prior to transporting a significant amount of fireworks, the member concerned will, in addition to other required notifications, provide a telephone notification to the New York City Fire Department through the Mayor’s Citizen Service Initiative Hotline Number, “311.” The Fire Department will provide appropriate fire protection apparatus to escort the shipment. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-53 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 k. 5 of 5 When a large seizure of fireworks is delivered to the Bomb Squad range after dark, no unloading of any trucks will take place due to safety considerations. The final decision to load or unload a particular vehicle rests solely with members of the Bomb Squad. Any such shipments will be maintained overnight inside the secure perimeter of the Bomb Squad range and will be emptied and available for pickup by the command concerned as soon as possible. All members of the service are reminded that when handling and transporting fireworks, safety is the top priority. RELATED PROCEDURE Invoicing Property – General Procedure (P.G. 218-01) FORMS AND REPORTS DAT ARREST PACKAGE (PD260-123) PROPERTY CLERK INVOICE (PD521-141) COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM ARREST REPORT (PD244-159) PROPERTY TRANSFER REPORT (PD521-1412) PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) DESK APPEARANCE TICKET Bomb Squad Fireworks Supporting Deposition NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-54 PREPARATION OF REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To provide guidelines for the proper preparation of a REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) utilizing the Property and Evidence Tracking System. PROCEDURE When a REQUEST FOR LABORATORY EXAMINATION REPORT is required to be prepared: INVOICING OFFICER 1. 2. 3. 4. 5. DESK OFFICER 6. ADDITIONAL DATA Select “YES” to the question, “Is a ‘Request for Laboratory Examination’ required?’,” when preparing a PROPERTY CLERK INVOICE (PD521-141). Select the type of evidence, i.e., “DNA”, “Firearms/Firearms Related”, “Criminalistics”, or “Other”. Ensure all of the applicable information is selected/entered in the “DNA ELIMINATION SAMPLES” section. Select and add all Analysis Exam Numbers for each item listed on the INVOICE. Digitally sign REQUEST FOR LABORATORY EXAMINATION REPORT verifying accuracy and completeness. Digitally sign REQUEST FOR LABORATORY EXAMINATION REPORT verifying accuracy and completeness. OPERATIONAL CONSIDERATIONS A REQUEST FOR LABORATORY EXAMINATION REPORT must be prepared for each INVOICE that lists evidence that will be submitted to the laboratory for analysis. The REQUEST FOR LABORATORY EXAMINATION REPORT can also be prepared when a PROPERTY CLERK INVOICE has already been completed by selecting the “REQUEST FOR LABORATORY EXAMINATION” tab. Members of the service are reminded that all REQUEST FOR LABORATORY EXAMINATION REPORTS are to be prepared utilizing the Property and Evidence Tracking System. If the Property and Evidence Tracking System is off-line prohibiting members from preparing a REQUEST FOR LABORATORY EXAMINATION REPORT, members will comply with guidelines set forth in Operations Order 25, series 2013, “Invoicing Property Due to Network Failure of the Property and Evidence Tracking System.” RELATED PROCEDURE Invoicing Property Due to Network Failure of the Property and Evidence Tracking System (Operations Order 25, series 2013) FORMS AND REPORTS REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) PROPERTY CLERK INVOICE (PD521-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-55 RETENTION OF INVOICED PROPERTY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To properly record retention requests of invoiced property listed on a PROPERTY CLERK INVOICE (PD521-141) or a motor vehicle/boat listed on a PROPERTY CLERK’S MOTOR VEHICLE/BOAT INVOICE (PD521147). PROCEDURE When property/evidence invoiced as Investigatory or DNA Investigatory and held in the custody of the Property Clerk Division is required to be retained longer than one year for property other than motor vehicle/boat or longer than fifteen days for motor vehicle/boat: FOR PROPERTY THAT HAS BEEN INVOICED UTILIZING THE PROPERTY AND EVIDENCE TRACKING SYSTEM ASSIGNED 1. INVESTIGATOR /INVOICING 2. OFFICER Prepare and submit REQUEST FOR RETENTION (PD521-169) utilizing the Property and Evidence Tracking System. Perform a separate REQUEST FOR RETENTION for each associated PROPERTY CLERK INVOICE. 3. Review REQUEST FOR RETENTION. a. If retention request is DISAPPROVED, digitally sign REQUEST FOR RETENTION and provide explanation for disapproval to assigned investigator/invoicing officer. b. If retention request is APPROVED, digitally sign REQUEST FOR RETENTION and ensure property/evidence is retained, as appropriate. PROPERTY CLERK FACILITY CONCERNED FOR PROPERTY THAT HAS BEEN INVOICED PRIOR TO THE IMPLEMENTATION OF THE PROPERTY AND EVIDENCE TRACKING SYSTEM ASSIGNED 4. INVESTIGATOR /INVOICING 5. OFFICER Prepare snap-out version of RETENTION OF PROPERTY REQUEST (PD521-166). Prepare a separate RETENTION OF PROPERTY REQUEST for each associated PROPERTY CLERK INVOICE. 6. DETECTIVE BUREAU 7. SUPERVISOR/ DESK OFFICER Confer with the assigned investigator and ensure the RETENTION OF PROPERTY REQUEST is properly prepared. Review and sign RETENTION OF PROPERTY REQUEST. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-55 REVISION NUMBER: PAGE: 08/01/13 ASSIGNED 8. INVESTIGATOR /INVOICING OFFICER 9. Forward RETENTION OF PROPERTY REQUEST as follows: a. WHITE and YELLOW– Property Clerk Division (One Police Plaza, Room 208) b. BLUE – Assigned Investigator c. GREEN – District Attorney’s Office d. PINK – Invoicing Officer e. BUFF – Arresting/Assigned Officer. Immediately place “BLUE – Assigned Investigator” copy of the RETENTION OF PROPERTY REQUEST in the case folder. PROPERTY CLERK DIVISION MEMBER 10. 11. PROPERTY CLERK STORAGE FACILITY MEMBER 13. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS 12. 14. 2 of 2 Assign and record Property Clerk Division Communications number. Forward “Yellow” copy of RETENTION OF PROPERTY REQUEST to Property Clerk storage facility. File “White” copy of RETENTION OF PROPERTY REQUEST. File “Yellow” copy of RETENTION OF PROPERTY REQUEST with the “Yellow” copy of the PROPERTY CLERK INVOICE/PROPERTY CLERK’S MOTOR VEHICLE/BOAT INVOICE. Enter new retention date in remarks of ORIGINAL “White” copy of the PROPERTY CLERK INVOICE/PROPERTY CLERK’S MOTOR VEHICLE/BOAT INVOICE. If a RETENTION FOR PROPERTY REQUEST or a REQUEST FOR RETENTION, utilizing the Property and Evidence Tracking System, is not submitted within one year for property other than motor vehicle/boat or within fifteen days for a motor vehicle/boat, the Property Clerk Division will dispose of the property/vehicle except for property/motor vehicle/boat involved in homicide investigations, sexual offenses, arson/explosion, member of service involved or IAB cases. Submission of the RETENTION FOR PROPERTY REQUEST or REQUEST FOR RETENTION to the Property Clerk Division will only retain that property/motor vehicle/boat for one year. If additional retention of the property/motor vehicle/boat is necessary, a new RETENTION FOR PROPERTY REQUEST or REQUEST FOR RETENTION must be submitted for each additional one year period RELATED PROCEDURE Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner (P.G. 218-19) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE(PD521-141) PROPERTY CLERK’S MOTOR VEHICLE/BOAT INVOICE (PD521-147) REQUEST FOR RETENTION (PD521-169) RETENTION OF PROPERTY REQUEST (PD521-166) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Property - General Procedure No: 218-56 CHANGE OF CATEGORY FOR INVOICED PROPERTY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To properly record changes to the category of invoiced property or a motor vehicle/boat listed on a PROPERTY CLERK INVOICE (PD521-141) or a PROPERTY CLERK’S MOTOR VEHICLE/BOAT INVOICE (PD521-147). PROCEDURE When the category of invoiced property and/or motor vehicle/boat in the custody of the Property Clerk Division must be changed: FOR PROPERTY THAT HAS BEEN INVOICED UTILIZING THE PROPERTY AND EVIDENCE TRACKING SYSTEM ASSIGNED 1. INVESTIGATOR /INVOICING OFFICER 2. DESK OFFICER/ SUPERVISOR, PROPERTY CLERK FACILITY CONCERNED 3. Utilize the “Request for Invoice Change of Category” function in the Property and Evidence Tracking System to complete a REQUEST FOR INVOICE CHANGE OF CATEGORY (PD521-167) when: a. CASE CLOSED/ARREST - The category of invoiced property must be changed from Investigatory or DNA Investigatory to Arrest Evidence or DNA Arrest Evidence in order for the Property Clerk to retain the evidence. b. CASE CLOSED/NO ARREST - The category of invoiced property must be changed from Investigatory evidence or DNA Investigatory evidence to Safekeeping. c. All other instances requiring a change to the category of invoiced property. Complete a separate REQUEST FOR INVOICE CHANGE OF CATEGORY for each associated PROPERTY CLERK INVOICE. Review and digitally sign REQUEST FOR INVOICE CHANGE OF CATEGORY approving or rejecting the change. FOR PROPERTY THAT HAS BEEN INVOICED PRIOR TO THE IMPLEMENTATION OF THE PROPERTY AND EVIDENCE TRACKING SYSTEM ASSIGNED 4. INVESTIGATOR /INVOICING OFFICER Prepare snap-out version of REQUEST FOR INVOICE CHANGE OF CATEGORY (PD521-167) when: a. CASE CLOSED/ARREST - The category of invoiced property must be changed from Investigatory or DNA Investigatory to Arrest Evidence or DNA Arrest Evidence in order for the Property Clerk to retain the evidence. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 218-56 REVISION NUMBER: PAGE: 08/01/13 2 of 3 (1) ASSIGNED INVESTIGATOR /INVOICING OFFICER (continued) 5. Include a printed “hard copy” of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). b. CASE CLOSED/NO ARREST - The category of invoiced property must be changed from Investigatory evidence or DNA Investigatory evidence to Safekeeping. c. All other instances requiring a change to the category of invoiced property on a PROPERTY CLERK INVOICE (PD521-141) or a motor vehicle/boat invoiced on a PROPERTY CLERK’S MOTOR VEHICLE/BOAT INVOICE (PD521-147) previously forwarded to the Property Clerk Division. Prepare a separate REQUEST FOR INVOICE CHANGE OF CATEGORY for each associated separate PROPERTY CLERK INVOICE/PROPERTY CLERK’S MOTOR VEHICLE/BOAT INVOICE. 6. DETECTIVE BUREAU SUPERVISOR/ DESK OFFICER 7. Confer with the assigned investigator and ensure the REQUEST FOR INVOICE CHANGE OF CATEGORY form was properly prepared and the new category is correct. Review and sign REQUEST FOR INVOICE CHANGE OF CATEGORY form. ASSIGNED 8. INVESTIGATOR /INVOICING OFFICER Forward REQUEST FOR INVOICE CHANGE OF CATEGORY as follows: a. WHITE and YELLOW– Property Clerk Division (One Police Plaza, Room 208) b. BLUE – Assigned Investigator c. GREEN – District Attorney’s Office d. PINK – Invoicing Officer e. BUFF – Arresting/Assigned Officer. Immediately place “BLUE – Assigned Investigator” copy of the REQUEST FOR INVOICE CHANGE OF CATEGORY form in the case folder. 9. PROPERTY CLERK DIVISION MEMBER 10. 11. PROPERTY CLERK STORAGE FACILITY MEMBER 13. 12. 14. 15. Assign/Record Property Clerk Division Communications number. Forward “Yellow” copy of REQUEST FOR INVOICE CHANGE OF CATEGORY to storage facility. File “White” copy of REQUEST FOR INVOICE CHANGE OF CATEGORY. File “Yellow” copy of REQUEST FOR INVOICE CHANGE OF CATEGORY with the “Yellow” copy of the PROPERTY CLERK INVOICE/PROPERTY CLERK’S MOTOR VEHICLE/BOAT INVOICE. Stamp ORIGINAL “White” copy of the PROPERTY CLERK INVOICE/ PROPERTY CLERK’S MOTOR VEHICLE/BOAT INVOICE with date and new category. Determine if property/motor vehicle/boat is now eligible for disposal. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 218-56 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 OPERATIONAL CONSIDERATIONS If a change of category is requested in regards to property invoiced on the snap-out version of the PROPERTY CLERK INVOICE or PROPERTY CLERK’S MOTOR VEHICLE/BOAT INVOICE and the property is still stored at the command, the original PROPERTY CLERK INVOICE or PROPERTY CLERK’S MOTOR VEHICLE/BOAT INVOICE will be voided and the property will be invoiced in the correct category utilizing the Property and Evidence Tracking System. The Property Clerk Division will dispose of invoiced property other than a vehicle that has been invoiced as Investigatory or DNA Investigatory, after one year and a vehicle after fifteen days from the date of invoice, except property/vehicles involved in homicide investigations, sexual offenses, arson/explosion investigations, members of the service or IAB cases. Members will comply with P.G. 218-55, “Retention of Invoiced Property” if retention of the property is required. RELATED PROCEDURES Return of Property/Vehicles at Command And Processing Voided Property Invoices (P.G. 218-02) Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner (P.G. 218-19) Retention of Invoiced Property (P.G. 218-55) FORMS AND REPORTS REQUEST FOR INVOICE CHANGE OF CATEGORY (PD521-167) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE(PD521-141) PROPERTY CLERK’S MOTOR VEHICLE/BOAT INVOICE (PD521-147) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-01 INSPECTION OF DEPARTMENT VEHICLES EACH TOUR BY OPERATOR DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure that Department vehicles and assigned equipment are received in good, serviceable order. PROCEDURE At beginning of tour of duty when relieving previous operator: VEHICLE OPERATOR 1. 2. NOTE Inspect vehicle to determine: a. Sufficient gasoline in tank and proper amount of oil in crank case b. Radiator is filled with water and antifreeze c. Brakes, lights, windshield wipers and warning devices are working properly d. Tires and spare are properly inflated e. Battery has sufficient water, if applicable f. Lug wrench and jack are in trunk g. Rechargeable flashlight in trunk is operable, if applicable h. Mobile Digital Terminal is operable, if applicable i. LoJack System is operable, if applicable j. Passenger area does not contain contraband, controlled substances, weapons or other property k. All seat belts are in proper working order l. E-Z Pass tag is affixed to center top area of windshield m. New York State inspection stickers (all Department vehicles) and New York State registration stickers (unmarked vehicles) are current and valid. Inspect the following equipment assigned to vehicle: a. Blanket b. Four collapsible traffic cones c. Crime scene signs d. Fire extinguisher e. Life ring with rope attached (marked RMP’s) f. Box of disposable gloves g. Crow bar h. Sledgehammer i. Three foot polycarbonate shield j. Safety flares (if assigned to vehicle) k. Patrol Kit (marked RMP’s) l. Barrier tapes (“POLICE LINE DO NOT CROSS” and “CRIME SCENE DO NOT CROSS”) m. First aid kit (marked/unmarked RMP’s). Commanding officers will arrange to use the Department issued engraving tool to mark each crow bar, sledge hammer, and polycarbonate shield with the command’s designation and identifying serial number (e.g., 104 Pct - 001). A record of the equipment, and the vehicle it is assigned to, including the E-Z pass serial number, will be maintained and referred to during weekly vehicle inspections. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-01 REVISION NUMBER: PAGE: 08/01/13 2 of 2 VEHICLE OPERATOR (continued) 3. NOTE The vehicle assigned to the patrol supervisor must comply with requirements listed above and, in addition, be equipped with the following items: a. b. c. d. e. DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) Rapid Mobilization Plan Dispatch Schedule Command Disorder Control Plan Waterproof body covers (4) Restraining straps. 4. Enter in ACTIVITY LOG (PD112-145) a. Result of inspection b. Odometer reading c. Gas gauge reading. Report condition of vehicle and equipment, including missing or damaged equipment or defective seatbelts, or indications of improper use of seatbelt (e.g., seatbelt buckled without occupant or behind seat), to patrol supervisor. 5. PATROL SUPERVISOR Inspect the following records maintained including: a. INSPECTION AND EQUIPMENT RECORD (PD571-143) (1) Ensure serial number of E-Z Pass tag is recorded b. RADIO REPAIR RECORD (PD547-141) c. RADIO CODE SIGNAL CARD (PD112-090A). 6. 7. 8. 9. 10. Verify that proper inspection and required entries have been made in ACTIVITY LOG. Direct correction of minor deficiencies and follow-up to ensure compliance. Enter results in ACTIVITY LOG. Report serious deficiencies to lieutenant platoon commander or in his/her absence, direct to the commanding officer. Report all vandalism to vehicle/equipment to the Internal Affairs Bureau. NOTE In the event that a member of the service from another command borrows equipment, the identity of that member must be verified by the desk officer and appropriate Command Log entries made. RELATED PROCEDURES Weekly Inspection of Department Vehicles (P.G. 219-02) FORMS AND REPORTS ACTIVITY LOG (PD112-145) DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) INSPECTION AND EQUIPMENT RECORD (PD571-143) RADIO CODE SIGNAL CARD (PD112-090A) RADIO REPAIR RECORD (PD547-141) VEHICLE INSPECTION REPORT (PD571-153) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-02 WEEKLY INSPECTION OF DEPARTMENT VEHICLES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure that Department vehicles, assigned equipment and related records are being maintained properly. PROCEDURE Each Sunday, after second platoon is posted, or at other times as directed by commanding officer: LIEUTENANT PLATOON COMMANDER/ PATROL SUPERVISOR 1. NOTE Ensure E-Z Pass tag assigned to vehicle is affixed to center top of windshield and the tag’s serial number is recorded on INSPECTION AND EQUIPMENT RECORD and VEHICLE INSPECTION REPORT (PD571-153). 2. 3. NOTE Direct operator to correct minor deficiencies. a. Verify by appropriate follow-up inspection. Complete VEHICLE INSPECTION REPORT (PD571-153) and submit to lieutenant platoon commander/desk officer to report results of inspection. If the lieutenant platoon commander is unavailable, the duties described in steps 1, 2, and 3 above will be performed by the patrol supervisor. 4. LIEUTENANT PLATOON COMMANDER/ 5. DESK OFFICER NOTE Inspect each Department vehicle assigned to the command for: a. Serviceability b. Cleanliness and condition c. Accessories and equipment - check INSPECTION AND EQUIPMENT RECORD (PD571-143). d. Current and valid New York State inspection stickers (all Department vehicles) and New York State registration stickers (unmarked Department vehicles) e. Seatbelts – ensure that seatbelts are in proper working order and take corrective action when necessary. f. Visual Messaging Signs for operability. Deliver VEHICLE INSPECTION REPORT to commanding officer for signature and file. Direct Radio Motor Patrol operator to make appointment with service station concerned for vehicles requiring preventive maintenance and enter appointment on preventive maintenance sticker of vehicle. a. If operator is performing last day tour, lieutenant platoon commander/desk officer will attach note to second platoon roll call, directing the operator to make appointment when shop reopens. If the lieutenant platoon commander is unavailable, the duties described in steps 4 and 5 above will be performed by the desk officer. 6. Report serious deficiencies to commanding officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 219-02 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 RELATED PROCEDURE Inspection of Department Vehicles Each Tour by Operator (P.G. 219-01) FORMS AND REPORTS INSPECTION AND EQUIPMENT RECORD (PD571-143) VEHICLE INSPECTION REPORT (PD571-153) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-03 REPAIRS TO DEPARTMENT VEHICLES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To obtain replacement parts or repairs to Department vehicles. PROCEDURE When a Department vehicle requires repairs or replacement of parts, including tires and tubes: RMP OPERATOR 1. 2. Notify desk officer/counterpart. Call and make appointment as follows: a. Speedometer Testing Machine Station concerned for repairs or adjustment to speedometer. b. Borough Service Station for all other repairs and replacements during business hours. c. Central Repair Shop for repairs and replacements - other than business hours. DESK OFFICER 3. 4. Direct preparation of EMERGENCY REQUISITION (PD561-163). Have Department vehicle operator deliver vehicle and EMERGENCY REQUISITION when required. RMP OPERATOR 5. Notify radio dispatcher, with appropriate radio code signal, when leaving and returning to command. ADDITIONAL DATA The Fleet Services Division provides a Roadside Repair Service, capable of making minor repairs on inoperative Department vehicles. Requests for roadside repair service will be made through Department Tow. A Department vehicle requiring repairs by an outside agency, either under service warranty or contractual agreement, will first be delivered to the Borough Service Station concerned for inspection and recording of type of repair needed. The vehicle will be returned to the Borough Service Station upon completion of repairs no later than the next business day. RELATED PROCEDURE Department Tow (P.G. 219-09) FORMS AND REPORTS EMERGENCY REQUISITION (PD561-163) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-04 WASHING DEPARTMENT VEHICLES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To designate car wash vendors within commands and provide for a method of payment. DEFINITION DEPARTMENT VEHICLE - All Department vehicles, both marked and unmarked, assigned to various commands except patrol wagons, buses, trucks or vehicles used for duty of a confidential nature. PROCEDURE To provide for washing of Department vehicles: COMMANDING 1. OFFICER NOTE Solicit the required number of vendors as directed by the Quartermaster Section, prior to the beginning of the fiscal year. The Office of the Comptroller has mandated that all such contracts be awarded based on competitive bidding. Therefore, when requested, all precinct commands will attempt to solicit the required number of bids from vendors. (Vendors solicited are not restricted to the boundaries of the precinct commands). The commanding officer/designee will personally visit each vendor to solicit the bids. 2. DESK OFFICER 3. 4. 5. Direct the washing of Department vehicles, as needed. Prepare CAR WASH AUTHORIZATION (PD171-051), specifying the type of vehicle (passenger, van, scooter) and Vehicle Number. a. Complete all other captions on form and sign. Give original (white copy) and blue copy to operator of vehicle to be washed. Duplicate (buff copy) remains in book. OPERATOR DEPARTMENT VEHICLE 6. NOTE Commands, other than precincts, will utilize vendors designated by precincts to wash Department vehicles. The CAR WASH AUTHORIZATION will be obtained from the desk officer, precinct in which the car wash is located, and the above steps complied with. Housing Bureau and Transit Bureau personnel will use the vendors designated by their own command and will obtain AUTHORIZATION slips from the desk officer of the PSA or District concerned. COMMANDING 7. OFFICER Give original (white) and blue copy of CAR WASH AUTHORIZATION form to vendor upon completion of service. a. Make ACTIVITY LOG (PD112-145) entry of the CAR WASH AUTHORIZATION number and the location of the car wash. On the first of each month, direct a competent member of the service to pick up the original (white) copies of the CAR WASH AUTHORIZATION for the previous month from the vendor. a. Blue copy remains with the vendor for his records. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-04 PRECINCT CLERICAL MEMBER PAGE: 08/01/13 8. 9. 10. NOTE REVISION NUMBER: 2 of 2 Compare the original (white) CAR WASH AUTHORIZATION forms obtained from the vendor with the buff copies in the log to ensure all are accounted for. a. Indicate on the buff copy that the original copy has been received. List all washes on EXPENSE REPORT (PD102-061) by vehicle type (passenger, van, scooter), number of washes, cost per wash, total amount to be paid to vendor, and grand total for all washes, for all types of vehicles, as illustrated below: Pass. Veh. # of washes cost per wash = cost Van # of washes cost per wash = cost Scooter # of washes cost per wash = cost _______ TOTAL $ Forward the original (white) and blue copy of the EPENSE REPORT to Audits and Accounts Unit, with the original CAR WASH AUTHORIZATIONS attached. EXPENSE REPORTS will be forwarded to the Audits and Accounts Unit by the 10th day of each month. 11. File “Command File” copy of EXPENSE REPORT. ADDITIONAL DATA If a change in the authorized vendor is required, due to unforeseen circumstances, a request must be forwarded to the Chief of Patrol, through channels, indicating the reason for the change and the recommended vendor to be utilized. The use of an unauthorized vendor is strictly prohibited. FORMS AND REPORTS CAR WASH AUTHORIZATION (PD171-051) EXPENSE REPORT (PD102-061) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-05 TIRE REPAIRS - EXCEPT MOTORCYCLES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To have tires for Department vehicles, except motorcycles, repaired quickly. PROCEDURE If a tire from a Department vehicle requires repair: DEPARTMENT OPERATOR 1. 2. 3. 4. 5. 6. 7. DESK OFFICER 8. 9. Deliver tire and wheel to Authorized Tire Repair Station designated by commanding officer. Obtain blue copy of TIRE REPAIR VOUCHER (PD571-061) prepared and signed by repair station representative, as receipt. Return blue copy of VOUCHER to tire repair station representative after tire repaired. a. When a tire is removed from rim and cannot be repaired, the only charge to be entered on the VOUCHER will be for removal of the tire. Verify that charges listed on VOUCHER, after repairs, are completed and correct. Sign white and yellow copies of VOUCHER: a. Obtain white (original) copy b. Yellow copy remains at tire repair station as a record of work performed. Deliver white copy of VOUCHER to desk officer of command to which vehicle is assigned. Enter tire repair information on VEHICLE REPORT (PD571-146). Verify entries on VOUCHER, sign and file. Forward VOUCHER to patrol precinct in which Tire Repair Station is located, if necessary. ADDITIONAL DATA When an Authorized Tire Repair Station requires a new VOUCHER pad, the desk officer will issue the new pad and enter in the Command Log the first and last serial number of the new pad and the pad being returned. The returned VOUCHER pad will be destroyed. FORMS AND REPORTS TIRE REPAIR VOUCHER (PD571-061) VEHICLE REPORT (PD571-146) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-06 TIRE REPLACEMENT ON DEPARTMENT VEHICLES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PURPOSE To have tires on Department vehicles replaced quickly. PROCEDURE When necessary to replace a tire on a Department vehicle: VEHICLE OPERATOR 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. DESK OFFICER 11. 12. 13. COMMANDING 14. 15. OFFICER 16. PAGE: 08/01/13 1 of 2 Telephone service station where vehicle is normally serviced to arrange for tire replacement. Present tire at shop for replacement. a. Tires are replaced on a one for one basis. b. Lost or stolen tires will be replaced only upon receipt of COMPLAINT REPORT (PD313-152) or Typed Letterhead, signed by commanding officer. Complete and sign part “A” of TIRE EXCHANGE RECORD (PD561144). Pick up tire and Tire Replacement on Department Vehicles (Misc. 3991) form. Deliver tire to designated authorized tire repair station to be mounted on vehicle. Obtain blue copy of TIRE REPAIR VOUCHER (PD571-061) prepared and signed by tire repair station representative, as receipt. Verify, after work is completed, that charge listed on VOUCHER is for mounting tire only. Return blue copy of TIRE REPAIR VOUCHER to tire repair station representative. Sign original and triplicate copy of TIRE REPAIR VOUCHER. a. Retain original (white) copy b. Yellow copy retained by repair station as record of work performed. Deliver original TIRE REPAIR VOUCHER and Tire Replacement on Department Vehicles to desk officer of command to which vehicle is assigned. Verify entries on TIRE REPAIR VOUCHER and that tire has been mounted on vehicle. a. Sign and make photocopy of TIRE REPAIR VOUCHER. File original TIRE REPAIR VOUCHER. a. Forward original TIRE REPAIR VOUCHER to precinct in which authorized tire repair station is located, if necessary. Forward Tire Replacement on Department Vehicles and copy of TIRE REPAIR VOUCHER to commanding officer. Ensure that tire has been mounted. Sign Tire Replacement on Department Vehicles. Have Tire Replacement on Department Vehicles and copy of vendor’s TIRE REPAIR VOUCHER filed in command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 219-06 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 ADDITIONAL DATA It is the responsibility of each commanding officer to ensure that tires issued are mounted and that each Tire Replacement on Department Vehicles form is completed, and filed in the command. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) TIRE EXCHANGE RECORD (PD561-144) TIRE REPAIR VOUCHER (PD571-061) Typed Letterhead Tire Replacement On Department Vehicles (Misc. 3991) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-07 AUTHORIZED TIRE REPAIR STATIONS - REMOVAL FROM LIST DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To facilitate requests for removal from the list of Authorized Tire Repair Stations. PROCEDURE When the owner or agent of an Authorized Tire Repair Station personally requests removal from the Authorized Tire Repair Station list: DESK OFFICER 1. 2. 3. 4. COMMANDING 5. 6. OFFICER FORMS AND REPORTS Require return of all TIRE REPAIR VOUCHER (PD571-061) pads. Request two copies of statement of charges due for current month. Prepare report indicating: a. Name of owner or agent requesting termination b. Location of station c. First and last serial number in each TIRE REPAIR VOUCHER pad returned d. First unused serial number in each returned pad. File pads for reissue. Process statement of charges due. Submit report to Chief of Department, direct, requesting that station be removed from list of Authorized Tire Repair Stations. TIRE REPAIR VOUCHER (PD571-061) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-08 TIRE CHAINS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To stock an adequate supply of tire chains during the winter months. PROCEDURE Between November 1st and November 15th, each year: COMMANDING 1. OFFICER 2. 3. Direct that each Department vehicle housed or assigned to command be provided with a set of tire chains. Requisition a reserve supply of chains, one set for each vehicle. Store chains until needed. NOTE Tire chains are NOT to be installed on vehicles until more than four inches of snow has accumulated. When less than four inches of snow has fallen, or extenuating circumstances exist, the commanding officer, lieutenant platoon commander or patrol supervisor may determine if chains should be used. Chains must NOT be mounted on front wheel drive vehicles. VEHICLE OPERATOR 4. NOTE Tire chains will be removed when conditions requiring their use have ended. If chains break while installed or any cross-links are broken, they must be removed immediately to avert potential safety hazards and/or possible damage to vehicle. COMMANDING 5. OFFICER Return broken tire chains to desk officer and obtain replacement chains from command reserve supply. Direct that an EMERGENCY REQUISITION (PD561-163) be prepared and forwarded, with the broken chains, to the Fleet Services Division, so that the reserve supply of chains at the command is replenished. ADDITIONAL DATA Tire chains may be installed on, and removed from, Department vehicles at authorized tire repair stations. The operator of the Department vehicle will ascertain that the fee entered on the TIRE REPAIR VOUCHER (PD571-061), for the installation or removal, is the same as the fee charged for the repair of the tire. RELATED PROCEDURES Tire Repairs Except Motorcycles (P.G. 219-05) Tire Replacement On Department Vehicles (P.G. 219-06) Authorized Tire Repair Stations Removal From List (P.G. 219-07) FORMS AND REPORTS EMERGENCY REQUISITION (PD561-163) TIRE VOUCHER (PD571-061) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-09 DEPARTMENT TOW DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To limit requests for a Department tow truck. PROCEDURE When a uniformed member of the service requires a Department tow truck: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. ADDITIONAL DATA Be sure that tow truck will be used only for one of following: a. Department vehicle unable to operate under own power b. Vehicle is required as evidence or abandoned on public highway, except derelict vehicles c. Vehicle is in path of parade, gatherings or emergencies d. Assist Emergency Service Unit e. To lift heavy articles (safe, boat, etc.). Telephone Department Tow Section. Remain at scene to safeguard Department vehicles or vehicles required as evidence. a. Take reasonable precautions, in other cases, to safeguard vehicle before leaving scene. When need for Department tow service is eliminated prior to arrival of tow truck, promptly notify Fleet Services Division to cancel request for service. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-10 UNMARKED DEPARTMENT VEHICLE UTILIZATION RECORD DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 1 PURPOSE To record daily usage of unmarked Department vehicles. DEFINITIONS GENERAL PURPOSE VEHICLE - Unmarked Department vehicles, including taxicabs, vans and trucks used for patrol, investigations, peddler enforcement, administrative and supervisory functions. SPECIAL PURPOSE VEHICLE - Unmarked Department vehicles used for special “stakeouts”, undercover use, i.e., “flash cars”, photographic surveillance vans and other vehicles not deemed appropriate for general use. CATEGORY 1 VEHICLE - Unmarked Department vehicles not required to be stored at a Department facility. Category 1 vehicles are excluded from the provisions of this procedure. PROCEDURE When unmarked Department vehicles are assigned to commands: COMMANDING 1. OFFICER Direct that a separate UNMARKED VEHICLE UTILIZATION RECORD (PD571-1413) be maintained for each vehicle assigned. 2. Complete captioned entries in UNMARKED VEHICLE UTILIZATION RECORD each day whether vehicles are utilized or not. Use the “Remarks” column to record information of interest to relieving crews and other data deemed appropriate. Indicate under “Reason Inactive” column why vehicle was not utilized by using the following abbreviations: a. O.S.A. - Out of Service - Collision b. O.S.M. - Out of Service - Mechanical c. O.S.R. - Out of Service - Radio d. I.P. - Insufficient Personnel e. Loan to - Vehicle temporarily assigned to command/unit. DESIGNATED MEMBER OF THE SERVICE 3. 4. SUPERVISOR 5. Verify the twenty-four hour total usage by initialing the appropriate column in the UNMARKED VEHICLE UTILIZATION RECORD. ADDITIONAL DATA Bureau chiefs may designate those vehicles under their control for use as Special Purpose Vehicles. The need for such vehicles is determined by the police mission to be accomplished and is independent of hours used or mileage accrued. FORMS AND REPORTS UNMARKED VEHICLE UTILIZATION RECORD (PD571-1413) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-11 COMPUTERIZED GAS AND OIL DISPENSING SYSTEM DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To automatically record gasoline/oil dispensed at Department fueling sites. DEFINITIONS OPERATOR CARD - (WHITE) - Issued to qualified members of the service who have been qualified to operate Department vehicles and who may dispense gas/oil. VEHICLE CARD (BLUE) - Assigned to and kept in each Department vehicle. The card identifies the specific vehicle to which assigned. PRIVATE VEHICLE CARD (RED) - Kept at each Department fuel dispensing station for use in conjunction with the Operator’s Card to obtain fuel and/or oil for authorized private vehicles, including Department ambulance. MASTER CARD (GREEN) - Kept at each Department fuel dispensing facility for use in conjunction with an Operator’s Card to: (1) Permit refueling of Department vehicle when Vehicle Card is lost, misplaced or damaged (2) Provide fuel for small machinery without a vehicle identification number, i.e., snow blower, etc. PROCEDURE When a Department vehicle requires gas/oil: MEMBER OF THE SERVICE 1. 2. NOTE If system is not operational, notify supervisor at dispensing facility and the Fuel Control Center. Proceed to fuel dispensing facility. View LED screen to ascertain if the system is operational. TO OBTAIN GASOLINE FOR DEPARTMENT VEHICLES OR AUTHORIZED PRIVATE VEHICLES: 3. 4. 5. 6. 7. 8. Have Operator Card, either Vehicle Card or Private Vehicle Card, as appropriate, and odometer reading available. Insert Operator Card firmly in card entry slot (magnetic tape MUST face down) and swipe through slot. Use key pad to indicate pump number. Use key pad to enter odometer reading. Enter entire social security number when fueling authorized private vehicle or Department rental/leased auto. Insert Vehicle Card or Private Vehicle Card, as appropriate, in the card entry slot and remove smartly. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-11 REVISION NUMBER: PAGE: 08/01/13 2 of 3 OBTAINING GASOLINE FOR DEPARTMENT MACHINERY WITHOUT IDENTIFICATION NUMBERS OR WHEN VEHICLE CARD IS LOST OR DAMAGED: MEMBER OF THE SERVICE (continued) 9. 10. 11. 12. 13. Have Operator Card and Master Card available. Use key pad to enter data as requested by LED prompt. a. Department vehicle (patrolwagon, truck, etc.) - No Vehicle Card or card lost/damaged - enter 00 plus four digit vehicle identification number. b. Department scooter - enter 009 plus three digit identification number. c. Auxiliary police vehicles - enter 0088 plus two digit identification number. d. Motorcycles - enter 0089 plus two digit identification number. e. Equipment without identification numbers - enter 00 plus 9999. Swipe “Master Card” in card entry slot and remove smartly. Use keypad to select pump number. a. Wait for LED screen to indicate that pump is ready. Activate pump lever to obtain fuel. NOTE If refueling does not commence without delay, the system will shut down and the procedure to obtain fuel must be repeated. ADDITIONAL DATA If a member of the service (uniformed or civilian) loses, misplaces or damages a computerized Operator’s Card or Vehicle Card, the member must immediately notify the Fuel Control Center so that the cards may be immediately invalidated. The Fuel Control Center will issue a replacement card for the lost/damaged card. If the Fuel Control computer breaks down, communicate with the Fuel Control Center for instructions concerning a manual override procedure to insure continued availability of fuel. If a uniformed member of the service, who obtains gas/oil for his private vehicle at a Department dispensing facility, is transferred, the Fuel Control Center will automatically revoke authorization to obtain fuel. To reinstate fueling privileges, the member concerned must submit REQUEST FOR AUTHORIZATION – PRIVATE VEHICLE (PD471-160) to his commanding officer for approval. GASOLINE DISPENSED TO AUTHORIZED PRIVATE VEHICLES PRINTOUT: The printout includes the date, time, fueling location, amount of gasoline dispensed and the member concerned by name and social security number. A sample of the printout is shown below with code data which will provide a comprehensive explanation of the information on the printout: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-11 NYCPD 3 of 3 PRIVATE VEHICLE FUELING REPORTS FOR COMMAND (5) 05 PAGE: 08/01/13 (2) SMITH J. (4) 8094 REVISION NUMBER: (1) 1 11-45 08/12/92 PAGE 1 (3) SS 123-45-6789 (6) 07/27 (7) 13-43 (8) CD (9) 123 S 7 (10) T1 (11) F2 (12) P1 (13) GO15.0 MPG (14) OC 1 (15) SS 123-45-6789 (16) GALLONS ISSUED 15.0 (17) TOTAL GALLONS ISSUED THIS REPORT 15.0 REPORT COMPLETE 1. 2. 3. 4. 5. 6. CODE DATA Numeric Command Code 10. Operator’s Name and Initial 11. Operator’s Social Security Number 12. Transaction Sequence Number 13. Transaction Type: 05 = Private Vehicle Fueling 14. Date 15. 16. Tank Number Fuel Type F 1 = Leaded; F 2 = Unleaded Pump Number Gallons Pumped This Transaction Operator’s Command Code Operator’s Social Security Number Total Gallons This Reporting Period ADDITIONAL DATA (continued) This data will be compared to entries made by members of the service in the Vehicle Identification Plate/Private Vehicle Use Log to enhance the integrity of the fuel dispensing system. RELATED PROCEDURES Delivery Of Gasoline To Fuel Dispensing Stations (P.G. 219-12) FORMS AND REPORTS REQUEST FOR AUTHORIZATION - PRIVATE VEHICLE (PD471-160) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-12 DELIVERY OF GASOLINE TO FUEL DISPENSING STATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To determine the amount of fuel on hand prior to, and after the delivery of, gasoline to a Department fuel dispensing facility. PROCEDURE When an employee of a fuel company arrives at a Department fuel dispensing facility to deliver gasoline. DESK OFFICER 1. Assign member of the service to supervise fuel delivery. NOTE The person assigned to security at those Department facilities other than precincts, e.g., Outdoor Range, Central Repair Shop, Police Headquarters, etc., that dispense fuel, will perform the duties designated to be performed by the desk officer throughout this procedure. ASSIGNED MEMBER 2. 3. 4. NOTE Determine amount of gasoline in storage tank by using the electronic tank monitor (TLS 350), which is located at the desk area in most commands with fuel tanks. Press appropriate button on electronic tank monitor (TLS 350) and advise the delivery driver of the ninety percent (90%) ullage amount. (This is the amount that can safely be added to the storage tank.) Ascertain meter reading on gasoline vendor’s truck prior to pumping fuel into storage tank. a. Inspect and initial blank vending invoice prior to delivery of gasoline. b. Verify the same invoice is returned after completion of delivery. Amount of gasoline is determined from the meter on the vendor’s truck. Assigned member must ensure that the meter is reset to zero (0) before pumping commences. If vendor is on-site and delivery cannot be made, a uniformed member of the service in the rank of sergeant or above must sign the vending invoice stating that the tank was full, or the tank was blocked by another vehicle (indicate vehicle plate number), or that no keys were available to unlock storage tank. 5. 6. DESK OFFICER 7. Use the electronic tank monitor (TLS 350) to verify delivery amount. a. Press print button and verify new volume (storage balance) reflects the delivery amount. Report delivery amounts to desk officer/counterpart. Enter in Command Log the following information concerning receipt of fuel: a. Amount of gasoline received b. Invoice number (verify that vendor’s invoice was initialed by assigned member) c. Vendor’s name d. Name of member of the service verifying receipt. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-12 (continued) 2 of 2 Notify Fuel Control Unit of the delivery reading and number of gallons delivered by vendor. To eliminate an unnecessary shut down, it is imperative that Fuel Control Center be notified as soon as delivery has been completed. 9. ADDITIONAL DATA PAGE: 08/01/13 DESK OFFICER 8. NOTE REVISION NUMBER: Forward one copy of Vendor’s Invoice to Audits and Accounts Unit on day after receipt of gasoline. a. File remaining copy of Invoice. The Computerized Fuel System is programmed to shut down fuel pumps at a dispensing facility when the level of fuel, as determined by the computer, reaches a predetermined cut off point. Gasoline is ordered automatically by Fuel Control Center personnel. However, engine oil must be monitored by fuel dispensing facility personnel and reordered from the Fleet Services Division when necessary. Commanding officers of commands that are equipped with Department fueling sites will have a sensor report generated each month to comply with federal leak detection requirements under 40 C.F.R. 280.40. The electronic tank monitor (Veeder-Root TLS 350) will be used to conduct this test. Members concerned will press the print button to generate a sensor and inventory report. The member will then attach the report to the page in the assigned logbook, which will be subject to inspection by the Environmental Protection Agency. If tank monitor is malfunctioning and will not print a report, or is out of paper, commands will notify the Fuel Control Unit. The Fuel Control Unit will be responsible to repair the tank monitor. RELATED PROCEDURE Computerized Fuel System Obtaining Gas And Oil (P.G. 219-11) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-13 DELIVERY OF HEATING OIL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To monitor delivery of heating oil to a Department facility and to verify the accuracy of the quantity of heating oil delivered. PROCEDURE When ordering heating oil and processing receipts: COMMANDING 1. OFFICER Designate a member of the service (uniformed or civilian) to order heating oil from appropriate vendor. 2. Order heating oil from appropriate vendor. a. Direct vendor to report to desk officer/supervisor concerned upon arrival at Department facility, prior to pumping heating oil. b. Make an entry in the command’s Telephone Record indicating that the above instructions were relayed to the vendor’s order clerk who accepted the order. DESK OFFICER 3. Assign a member of the service (uniformed or civilian) to be present during, and supervise, the actual delivery and pumping operation. ASSIGNED MEMBER OF THE SERVICE 4. Verify that the vendor delivery ticket has been signed by a Department of Citywide Administrative Services (D.C.A.S.) inspector prior to the commencement of pumping operations. a. If the ticket has not been signed by a D.C.A.S. inspector DO NOT ACCEPT DELIVERY. NOTE In commands accepting delivery of #4 or #6 oil, the member of the service assigned to supervise the pumping will verify that the vendor has a vendor delivery ticket and a Department of Citywide Administrative Services certificate. In these cases, however, it is the Department of Citywide Administrative Services certificate, which MUST be signed. If this certificate is not signed by a Department of Citywide Administrative Services Inspector, DO NOT ACCEPT DELIVERY. DESIGNATED MEMBER OF THE SERVICE 5. 6. 7. 8. 9. Ensure that the meter on the delivery truck had been reset to zero prior to the insertion of the vendor delivery ticket into the meter. Verify, upon completion of the pumping operation, that the total gallons delivered (as indicated on the meter) equal the quantity recorded on the vendor delivery ticket. a. Commands receiving #4 and #6 heating oil will also verify the amount delivered on the D.C.A.S. certificate. Verify amount of oil delivered by printing NAME and TAX REGISTRY NUMBER or the D.C.A.S. certificate and/or the vendor delivery ticket and signing name. Present the D.C.A.S. certificate and/or the vendor delivery ticket to the desk officer/supervisor. Notify desk officer/supervisor of the amount of heating oil delivered. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-13 PAGE: 08/01/13 DESK OFFICER 10. 11. NOTE REVISION NUMBER: 2 of 2 Verify that the D.C.A.S. certificate and/or the vendor delivery ticket were signed by the member of the service assigned and the amount reported in step #9 reflects the amount indicated on the certificate/ticket. Make a Command Log entry including the following information: a. Amount of heating oil delivered b. Indication of receipt of D.C.A.S. certificate and/or vendor delivery ticket. c. Vendor’s name and truck number d. Identity of member of the service who supervised delivery. In commands that do not maintain a Command Log, these entries will be made in the Telephone Record. 12. Make a duplicate copy of the vendor delivery ticket and place in file maintained at command. a. Forward vendor delivery ticket to the Audits and Accounts Unit with the next Department mail. NOTE Commands accepting delivery of #4 and #6 oil will attach the “Department” copy of the D.C.A.S. certificate to the vendor delivery ticket and forward both to Audits and Accounts Unit. The “Agency” copy of the D.C.A.S. certificate will be attached to the duplicate copy of the vendor delivery ticket and filed at the command. RELATED PROCEDURE Delivery Of Gasoline To Fuel Dispensing Stations (P.G. 219-12) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-14 DEPARTMENT COMPUTER SYSTEMS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To maintain the integrity and security of the Department’s computer systems and to minimize the potential for misuse by anonymous, unauthorized access to available data. PROCEDURE To utilize Department computer systems in a command and/or a Department vehicle. MEMBER OF THE SERVICE 1. 2. 3. 4. 5. Sign-on the system utilizing the member’s confidential password. Make only official inquiries, which relate to official business of the Department. Do not divulge any information obtained from the system, except for valid law enforcement purpose. Sign-off the system upon completion of its use or whenever unable to safeguard, even for a brief period of time. Notify desk officer/designated supervisor or integrity control officer of any misuse or if personal password has been compromised in any way. NOTE Members of the service signed on to a Department computer system will be held strictly accountable for all entries on that system during the period they are signed on. DESK OFFICER/ DESIGNATED SUPERVISOR 6. 7. 8. Inspect all areas containing Department computer systems at least once each tour and ensure that all systems are being used within Department guidelines and are not damaged in any way. Take immediate action to correct condition if any misuse or damage found and notify commanding officer and integrity control officer. Record results in Command Log. NOTE The desk officer/designated supervisor will notify the MISD Help Desk (24 hours) to report inoperable or malfunctioning computer equipment (except mobile digital terminals) and notify Fleet Services Division to report inoperable or malfunctioning mobile digital terminals. The above notifications will be entered in the Telephone Record. PATROL SUPERVISOR/ DESIGNATED SUPERVISOR 9. NOTE Use of the Free Form Function on the MDT system is for official Department use only. Unofficial transmissions will not be sent. INTEGRITY CONTROL OFFICER 11. 10. Inspect frequently all Mobile Data Terminals (MDTs) assigned to the command to ensure that the MDTs are being used within Department guidelines and are not damaged in any way. Take immediate action to correct condition if any misuse or damage found and notify commanding officer and integrity control officer. a. Record notifications in ACTIVITY LOG (PD112-145). Be responsible for computer equipment and data security for all computer systems assigned to command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-14 REVISION NUMBER: PAGE: 08/01/13 2 of 3 INTEGRITY CONTROL OFFICER (continued) 12. NOTE In regards to investigative units, the duties of the integrity control officer as stated in step 12, will be the sole responsibility of the commanding officer. 13. 14. 15. 16. 17. 18. ADDITIONAL DATA Be responsible for and maintain the security and integrity of all official Department recorded media or recorded media coming into possession of the Department as evidence or for investigative purposes (e.g., videotape, photographic images or pictures, audio recordings, electronic or internet files, etc.). Establish and maintain a list of all passwords issued to members of the command. a. Maintain confidentiality of passwords of all authorized users and obtain new passwords, when necessary. Maintain effective operational performance by establishing the number of necessary authorized users for the command. Ensure all authorized users of the command understand and comply with computer security guidelines. Frequently observe all areas and Department vehicles with computer equipment and ensure security guidelines are complied with. Investigate any circumstances or conditions which may indicate abuse of the computer system(s). Maintain sign-on tables and issue passwords for the following systems: a. On-Line Booking System (OLBS) b. Booking Arraignment Disposition System (BADS) c. Local Arrest Processing System (LAPS) d. Special Police Response Inquiry Network (SPRINT) e. Repeat Calls for Service Analysis (SPIA). DEPARTMENT COMPUTER USE POLICY AND MONITORING NOTICE All members of the service are advised that all Police Department computer systems and equipment are intended for the purposes of conducting official Department business only. Use of Department computer systems for personal or non-Department business matters is strictly prohibited and individuals who are found in violation of this policy are notified that they will be subject to disciplinary action. In addition, use of Department computer systems to disseminate derogatory or discriminatory material is strictly prohibited. All members of the service are hereby notified that the Department reserves and will exercise the right to review, intercept, access and disclose all material on the Department’s computer systems at any time, including e-mail communications, with or without notice to the member of the service concerned. These policies are established to ensure that users of Department computer systems and equipment maintain Department standards of professionalism and integrity. Commanding officers are responsible for the security and proper utilization of computer equipment within their commands. Commands that are not operational on a 24-hour basis will ensure that when the command is closed, ALL Department computer systems are secured. In addition, commanding officers will be familiar with Administrative Guide 325-35, “Department Computer Use Policy And Monitoring Notice.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 219-14 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 ADDITIONAL DATA Requests for focused audits of computer terminal activity from the Internal Affairs Bureau, commanding officers, integrity control officers, investigations units, etc., must be prepared on Typed Letterhead, and addressed to the Commanding Officer, Management Information Systems Division (M.I.S.D.) at 1 Police Plaza, Room 700. Focused audits may include various criteria such as a member of the service’s password, tax registry number, sign-on/sign-off time, license plate/VIN check, etc., that was performed during a particular time period. FORMS AND REPORTS ACTIVITY LOG (PD112-145) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-15 PORTABLE RADIO TRANSCEIVERS DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PURPOSE To account for portable radios assigned to commands. PROCEDURE When portable radios are assigned to command: COMMANDING 1. 2. OFFICER 3. 4. 5. 6. PAGE: 10/16/13 1 of 4 Have desk officer/ranking officer account for portable radios each tour. Designate a secure area within the muster room/desk area and under the control of the desk officer/ranking officer for storage of radios not being used. Maintain portable radio record utilizing the following forms: a. RADIO ASSIGNMENT LOG (PD647-141) b. Radio Identification Record (Misc. 249) (1) Complete prior to opening portable radio record and staple on inside front cover of RADIO ASSIGNMENT LOG. c. Defective Radios (Misc. 250) (1) Complete appropriate captions prior to opening portable radio record and staple on inside rear cover of RADIO ASSIGNMENT LOG. Have members instructed periodically in proper distribution, care, use and safeguarding of radios. Have radios sustaining major damage, delivered with all parts, and a copy of report, through channels, to Commanding Officer, Electronics Section. Forward report to Commanding Officer, Electronics Section and Commanding Officer, Operations Unit, Office of the Chief of Department, without delay, if radio is permanently transferred to another command. a. Review Department records quarterly, to determine if any radios have been assigned on a permanent basis from your command. Confer with command integrity control officer, Intelligence Bureau and any other outside agency to determine the necessity of continuance of such assignment. NOTE Commands are not authorized to transfer radios to other commands. All radio reassignments must be approved by the Commanding Officer, Communications Section. UNIFORMED MEMBER OF THE SERVICE ASSIGNED 7. 8. 9. 10. 11. Replace batteries at beginning of tour. a. Keep used batteries in battery charger until indicator light turns green. b. Deliver defective batteries to the Electronics Section. Up to fifteen batteries will be replaced at one time. Issue radios to members of outgoing platoon on priority basis as established by commanding officer. Enter required information in RADIO ASSIGNMENT LOG. Enter radio inventory in Recapitulation Section of RADIO ASSIGNMENT LOG, following last entry concerning outgoing platoon each tour. Account for and examine each radio, antenna, battery and radio case returned at conclusion of previous tour. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-15 REVISION NUMBER: PAGE: 10/16/13 a. UNIFORMED MEMBER OF THE SERVICE ASSIGNED (continued) b. c. 2 of 4 Prepare COMPLAINT REPORT (PD313-152) with Internal Affairs Bureau log number and report facts to commanding officer if radio is lost or stolen. Prepare COMPLAINT REPORT with Internal Affairs Bureau log number and report facts to commanding officer for missing antennas, batteries or radio cases. Report damage or missing parts to commanding officer. WHEN RADIO HAS BEEN DAMAGED: COMMANDING 12. 13. OFFICER 14. 15. Investigate circumstances. Take appropriate action (instruction, Command Discipline and/or Charges and Specifications) if damage is attributable to individual carelessness, misuse, or abuse. Prepare report on Typed Letterhead to borough commander/counterpart including: a. Circumstances leading to damage of radio b. Whether damage caused by carelessness, misuse or abuse c. Corrective action taken. Forward report, as follows: a. Original - Borough commander/counterpart b. Copy - Commanding Officer, Communications Section, through channels c. Copy - Electronics Section (WITH RADIO) d. Copy - file. WHEN RADIO IS DEFECTIVE: UNIFORMED MEMBER OF THE SERVICE ASSIGNED 16. 17. NOTE Do not store defective radios at the command. The Electronics Section will not accept more than ten defective radios at a time. When radio antennas, cases or chargers are defective, notify Electronics Section stock room and comply with instructions given. DESK/ RANKING OFFICER 18. Re-check radio with freshly charged battery. Prepare and attach radio repair ticket, including brief description of malfunction. Deliver defective radio with tag to the Electronics Section, as soon as possible. a. Remove radio antenna, battery and speaker microphone from radio before delivering radio for repair and safeguard at command. 19. 20. Make appropriate entry on Defective Radios form. Telephone the Electronics Section within four weeks to determine it the radio has been repaired. 21. 22. Assign member to report to the Electronics Section to pick up repaired radio. Enter date and signature on Defective Radio form when radio is returned and make Command Log entry indicating serial numbers of all radios returned to command. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-15 NOTE REVISION NUMBER: PAGE: 10/16/13 3 of 4 All members of the service reporting to the Electronics Section in uniform or civilian attire must sign in at the security office. A shield and IDENTIFICATION CARD (PD416-091) must be presented when picking up or removing Department property. WHEN RADIO IS LOST, STOLEN OR RECOVERED: DESK/ RANKING OFFICER 23. 24. 25. 26. 27. Notify Operations Unit and obtain serial number for inclusion in commanding officer’s report to the bureau chief concerned. Notify Electronics Section, Security Desk and provide Operations Unit serial number and obtain Electronics Section serial number. Notify Internal Affairs Bureau, Command Center and obtain log number to be entered under “Details” on COMPLAINT REPORT. Notify Stolen Property Inquiry Section (Alarm Board) of radio number. Notify patrol borough concerned, and advise of COMPLAINT REPORT number, Operations Unit number, Electronics Section number and Internal Affairs Bureau log number, if radio assigned to a patrol precinct/borough task force member. COMMANDING 28. 29. OFFICER Investigate circumstances of loss, theft or recovery of radio. Have COMPLAINT REPORT prepared for lost/stolen radio and COMPLAINT FOLLOW-UP (PD313-081) prepared for recovered radio. a. Indicate under appropriate caption that duplicate copies are to be forwarded to Internal Affairs Bureau, bureau command, and patrol/detective borough command. 30. PRECINCT DETECTIVE 31. SQUAD COMMANDING OFFICER Examine COMPLAINT REPORTS prepared, including those reports referred to the precinct squad, concerning the loss or theft of Department radios. Notify Commanding Officer, Major Case Squad of loss/theft of radio by telephone and forward a duplicate copy of the COMPLAINT REPORT or COMPLAINT FOLLOW-UP, as appropriate, with a report on Typed Letterhead. COMMANDING 32. OFFICER 33. Enter explanation and COMPLAINT REPORT serial number under “Remarks” in Radio Identification Record. Prepare report, including circumstances of loss or theft, COMPLAINT REPORT serial number, and determination by investigating officer whether disciplinary action is appropriate. a. Loss of a portable radio by a member of the service assigned to patrol in uniform shall be deemed negligence when the radio was not carried in the authorized carrying case. NOTE Where warranted, proposed disciplinary action will be indicated in the report as a RECOMMENDATION. HOWEVER, the disciplinary action will be held in abeyance until APPROVED, by the bureau chief concerned, via return endorsement on the original report. Within the Patrol Services Bureau, Housing Bureau or Transit Bureau, the Borough Commander or Commanding Officer, Special Operations Division, as appropriate, will act upon the disciplinary action recommendation and will expeditiously forward a copy of the endorsed report to the Chief of Patrol, via the Investigation and Evaluation Section. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-15 REVISION NUMBER: PAGE: 10/16/13 4 of 4 COMMANDING 34. OFFICER (continued) Forward report as follows: a. Original - Bureau Chief concerned, through channels b. Copy - Chief of Department, DIRECT c. Copy - Commanding Officer, Communications Section, through channels d. Internal Affairs Bureau e. Copy - Command file. 35. APPROVE/DISAPPROVE recommended disciplinary action by return endorsement on original report, except in cases involving the Patrol Services Bureau. COMMANDING 36. OFFICER Forward copy of final disposition of disciplinary action taken to the Chief of Department. 37. Review Department records monthly pertaining to Department radios assigned to command. a. Ensure Department radios are being maintained and are accounted for. Identify Department radios assigned on a permanent basis from command. a. Confer with commanding officer pertaining to the necessity of such radios being assigned on permanent basis. BUREAU CHIEF CONCERNED INTEGRITY CONTROL OFFICER 38. ADDITIONAL DATA All commands are required to maintain a portable radio record and arrange for expeditious delivery of defective radios to Electronics Section and pickup when repaired. A commanding officer may, when necessary, establish additional procedures to account for and safeguard portable radios. For example, when a member of the service from an outside command borrows a portable radio, the identity of the member must be verified by the desk officer and appropriate command blotter entries made. Department vehicles with defective radios that require repair will be brought to the Electronics Section between 0700 X 1500 hours, seven days a week. A limited number of personnel will be performing duty between 1500 and 2400 hours for EMERGENCY repairs only. Any unit wishing to procure personal portable radios for their particular unit using Department funds must obtain written approval from the Commanding Officer, Communications Division. All procurements will be effected through the Electronics Section to ensure that the Department’s stringent specifications are met. All radios will be engraved with “NYPD” and a Department serial number for accountability purposes. RELATED PROCEDURE Loss Or Theft Of Department Property (P.G. 219-20) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) RADIO ASSIGNMENT LOG (PD647-141) ROLL CALL (PD406-144) Defective Radios (Misc. 250) Radio Identification Record (Misc.249) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-16 USE AND MAINTENANCE OF POLAROID CAMERAS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To provide for control, accountability and continued effectiveness of photographic equipment assigned to commands. PROCEDURE When photographic equipment is assigned for use in a command. COMMANDING 1. OFFICER 2. 3. 4. Provide a safe, cool, dry location for storage of cameras and related equipment. Ensure availability of cameras and film on all tours. Have film stock rotated, using oldest film first. Make certain that members concerned receive instruction in the use and maintenance of cameras. MEMBER USING EQUIPMENT 5. 6. 7. Request photographic equipment from the desk officer. Inspect and clean rollers and lens on camera, when necessary. Inform desk officer or other designated member when camera or other equipment requires repair or replacement. DESK OFFICER/ DESIGNATED MEMBER 8. Inspect and account for the availability of photographic equipment at the commencement of each tour. a. Make entry in Command Log. Correct minor camera/equipment malfunctions at command, when possible, e.g., replace batteries, clean rollers, etc. Telephone Quartermaster Section, Monday to Friday, between 0800 and 1600 hours, for instructions when repairs or adjustments cannot be made at command. 9. 10. ADDITIONAL DATA Commands usually requisition film from Quartermaster Section and detective squads obtain film at detective borough office. In emergency situations, the Quartermaster Section will supply additional film and equipment. If necessary, in mass arrest situations, commands may obtain film from Office of the Chief of Detectives, detective borough offices, or the Organized Crime Control Bureau’s Operations Desk. RELATED PROCEDURES Identification Lineups/Showups (P.G. 208-24) Desk Appearance Ticket -General Procedure (P.G. 208-27) Arrests - Removal To Department Facility For Processing (P.G. 208-02) Large Scale Arrest Processing (P.G. 213-06) Arrest Of Juvenile Offenders (P.G. 215-10) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-17 USE OF PATROL KITS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To provide instructions to members of the service in the proper maintenance, utilization, and disposal of Patrol Kit items. SCOPE A Patrol Kit is a collection of personal protective equipment (PPE) items housed in a white plastic first-aid type carrying case. The case bears the NYPD logo and is marked with the words “Patrol Kit” on its cover. Each Patrol Kit consists of two disposable gowns, two disposable eye/mouth shields, two pairs of heavy duty gloves, two pairs of disposable shoe covers, ten antiseptic wipes, and a disposal “biohazard” bag for use against contact with blood or other potentially infectious materials (OPIM). OPIM includes semen, vaginal secretions, and fluid from the brain, spine, chest cavity, stomach, heart and joints. Saliva or urine not visibly contaminated with blood is not considered to be OPIM. Disposable gloves and Patrol Kit items must be properly disposed of after being utilized to protect one’s hands, skin and clothing from direct contact with blood, OPIM, dead human bodies, and animals which may have infectious diseases. Contaminated or damaged personal protective equipment will not be reused and will be discarded in biohazard receptacles at designated Department facilities or hospitals. PROCEDURE Maintain and utilize disposable gloves and Patrol Kit items as follows: VEHICLE OPERATOR 1. 2. 3. Ensure that the Patrol Kit carry case is present and secure in the trunk of assigned/designated Department auto at beginning of tour. Inspect contents of case to verify that all required Patrol Kit items, as listed in the SCOPE statement, are present in the quantities indicated. a. Also ensure that an adequate supply of disposable gloves are available in the Department auto. Make ACTIVITY LOG (PD112-145) entry indicating results of inspection. a. Report missing/damaged Patrol Kit items to the patrol supervisor and promptly replace them. NOTE Adequate supplies of Patrol Kit items/disposable gloves should be maintained at commands at all times and stored where they will be readily accessible for use. At least one carrying case containing a Patrol Kit is to be affixed to a wall in a conspicuous, accessible location at each precinct, transit district, police service area, court section, medical district, Aviation, Crime Scene, Harbor, Mounted Unit and Highway District location. MEMBER OF THE SERVICE 4. Utilize disposable plastic gloves and Patrol Kit items when necessary to handle persons, animals or items in a safe, sanitary manner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-17 REVISION NUMBER: PAGE: 08/01/13 2 of 4 NOTE The following are examples of when members of the service should use Patrol Kit items/disposable gloves: a. Contact with blood, body fluids, secretions, excretions, etc. b. Searching dead human bodies c. Contact with hazardous materials or persons or animals having or suspected of having infectious diseases (see P.G. 212-37, “Hazardous Materials” and 20510, “Exposure Of Members Of The Service To Infectious Diseases Or Hazardous Materials”) d. Searching prisoners (disposable gloves should ordinarily be sufficient) e. Fingerprinting (disposable gloves should ordinarily be sufficient). Members of the service who do not have access to a Patrol Kit and are present at a scene requiring the use of a Patrol Kit may request one via the communications dispatcher. An available unit possessing the Kit will be directed to respond to the requesting member’s location. MEMBER OF THE SERVICE 5. (continued) 6. 7. 8. 9. 10. 11. NOTE Confer with immediate supervisor before using Patrol Kit items/disposable gloves at a parade, demonstration, etc. a. Supervisor will make determination based on circumstances and advise members of proper action. Avoid contact with outside surface of Patrol Kit items/disposable gloves after use if possibility of contamination exists. Remove used gloves as follows: a. Grasp cuff of one glove and remove by pulling glove inside out. b. Place fingers inside second glove and pull inside out. Handle used gloves/Patrol Kit items by uncontaminated surface and place inside plastic bag. Cleanse hands with antiseptic wipe and place used wipe in plastic bag with other contaminated items. a. Seal plastic bag containing contaminated Patrol Kit items/disposable gloves and antiseptic wipe. Refer to the instructions contained in the plastic case housing of the Patrol Kit for information regarding the Kit’s safe use and disposal. Deposit only contaminated items in the thirty-two gallon biohazard receptacle lined with a red biohazard bag. Only items contaminated with blood or OPIM need to be disposed of in biohazard receptacles located in each command. Gloves used while fingerprinting or searching prisoners, and PPE items worn but not contaminated, may be discarded in a regular trash receptacle. DESK OFFICER/ CENTRAL BOOKING SUPERVISOR 12. Wash hands, preferably with anti-bacterial or brown soap, as soon as possible after exposure. 13. Contact Medical Division Sick Desk supervisor to arrange for messenger to pick up regulated infectious waste. Ensure that Medical Division messenger removes and seals the regulated infectious waste liner and places a new biohazard liner in the receptacle. 14. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-17 REVISION NUMBER: PAGE: 08/01/13 3 of 4 NOTE Biohazard waste liners should be closed prior to removal from the receptacle in order to prevent spillage. If the outside of a liner or container becomes contaminated, it must be placed within a second suitable liner or container. The regulated infectious waste liners must be transported in a covered, leakproof container with a biohazard label prominently displayed on the outside of the container. The Medical Division messenger shall be appropriately trained in the use of Patrol Kit items/disposable gloves and infection control procedures. Biohazard labels are available from the Quartermaster Section. DESK OFFICER/ CENTRAL BOOKING SUPERVISOR (continued) 15. ADDITIONAL DATA Emergency situations, circumstances, and time constraints may hinder or prevent a member from properly donning Patrol Kit items/disposable gloves, thereby making the member more vulnerable to contamination from blood or other potentially infectious materials. Members who have any contact with hazardous materials, blood, or OPIM will immediately comply with P.G. 205-10, “Exposure of Members of the Service to Infectious Diseases or Hazardous Materials.” In the event that a uniform item becomes significantly contaminated (e.g. soaked through with blood or OPIM), the item(s) in question will be removed as soon as possible and placed in the disposable red biohazard liner contained in the Patrol Kit. The member of the service will be allowed to shower as soon as possible. Make a Command Log entry of facts regarding removal of biohazard waste by Medical Division messenger. A uniform item contaminated with small splatters of blood which have not soaked through the item may be machine washed with a non-chlorine bleach separately from other household laundry. A second wash/rinse cycle should then be used to rinse the inside of the washing machine. Non-disposable uniform items (nameplates, shields, etc.) may be effectively decontaminated with a freshly mixed solution of one part bleach to ten parts water. Members seeking reimbursement to replace damaged uniform items will refer to P.G. 20407, “Lost Or Damaged Uniform.” If an Emergency Medical Service ambulance is present at the scene of an incident where members of the service have soiled Patrol Kit items/disposable gloves, such items may be disposed of in the contaminated waste container located in the body of the ambulance. However, Emergency Medical Service ambulances are not to be called to the scene merely for the disposal of soiled Patrol Kit items/disposable gloves. In cases where no ambulance is present, or a private ambulance not under the jurisdiction of Emergency Medical Service is present, or ambulance personnel refuse to allow disposal, Patrol Kit item/disposable gloves should be secured in the plastic bags supplied for such purpose and transported to the precinct/command of occurrence for disposal. The Health and Hospitals Corporation has granted permission for members of the service to dispose of used Patrol Kit items/disposable gloves in the contaminated waste containers in the emergency rooms of designated municipal hospitals in those situations where Patrol Kit items/disposable gloves have been worn while transporting a patient to that hospital for treatment. These designated hospitals are: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 219-17 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 MANHATTAN HOSPITALS Bellevue Metropolitan Harlem QUEENS HOSPITALS Elmhurst Queens Hospital Center 4 of 4 BRONX HOSPITALS Bronx Municipal North Central Bronx Lincoln BROOKLYN HOSPITALS Coney Island Kings County Woodhull Members of the service are not to bring contaminated Patrol Kit items/disposable gloves to an emergency room for disposal if not transporting a patient for treatment at that hospital. Where a patient has not been transported to a participating hospital or, if the emergency room staff refuses to allow disposal, members of the service will secure the Patrol Kit items/disposable gloves in the plastic bag supplied for such purpose and transport to precinct/command of occurrence for disposal. Commanding officers should seek to establish a relationship with non-municipal hospitals within their commands to which ambulances respond, in an effort to obtain authorization for disposal of Patrol Kit items/disposable gloves in the hospital’s emergency room. The following Patrol Kit items/disposable gloves may be ordered directly from the Quartermaster Section by utilizing the following index numbers: ITEM INDEX NUMBER Disposable gloves 1134 Glove kits 1141 Antiseptic skin wipes 1345 Patrol Kit (complete) 1343 Patrol Kit carrying case (to replace damaged cases only) 1344 32 gallon biohazard receptacle 3622 32 gallon biohazard liner 3007 Biohazard sticker (1 1/2”x 1/2”) 2444 Biohazard sticker (4”x 5”) 2443 RELATED PROCEDURES Exposure Of Members Of The Service To Infectious Diseases Or Hazardous Materials (P.G. 205-10) Hazardous Materials (P.G. 212-37) Lost Or Damaged Uniform (P.G. 207-07) FORMS AND REPORTS ACTIVITY LOG (PD 112-145) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-18 INSPECTION OF SUPPLIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 PURPOSE To insure that supplies received are of proper quantity and quality. PROCEDURE When supplies are received at a command: DESK OFFICER 1. 2. 3. 4. 5. COMMANDING 6. OFFICER 1 of 1 Have supplies inspected for quantity, quality and condition. Sign vendor’s receipt if delivery is in good condition. Refuse to accept supplies if shipment is damaged, or does not meet quality standards. Make Command Log entry of receipt or state reason why supplies were not accepted. Notify commanding officer if supplies are not accepted. Have report prepared on Typed Letterhead and Department of Purchase Form 23-QQ-96 (REPORT OF UNSATISFACTORY MATERIAL) to the Quartermaster Section if the delivery is deficient in any way. NOTE If the supplies received are less than originally ordered, but otherwise acceptable, the desk officer may accept the supplies but receipt only for actual amount received. FORMS AND REPORTS Department of Purchase Form 23-QQ-96 (REPORT OF UNSATISFACTORY MATERIAL) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-19 INSPECTION OF DEPARTMENT LOCKERS - OFFICIAL INVESTIGATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To permit the inspection of a Department locker in connection with an official investigation. PROCEDURE When a member of the service is directed to open his/her locker by a supervising member of the service: MEMBER OF THE SERVICE 1. Comply with direction. SUPERVISING MEMBER 2. Inspect contents of locker: a. Member concerned will witness inspection. b. If member is not present, another member of the service will witness inspection. MEMBER OF THE SERVICE 3. 4. Secure locker after inspection is completed. Follow direction of supervising officer. SUPERVISING MEMBER 5. Enter in Command Log: a. Number(s) of locker(s) inspected b. Member(s) to whom locker(s) assigned c. Reason for inspection d. Results of inspection e. Member(s) present at inspection. NOTE A supervisory member of the service may inspect Department lockers at any time during an official investigation. If the member assigned to a locker is not present during an inspection, the inspecting member is required to notify the member concerned, and provide for the safekeeping of the equipment and reimbursement to the member if the lock is damaged. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-20 LOSS OR THEFT OF DEPARTMENT PROPERTY DATE ISSUED: 12/04/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 12/04/13 PURPOSE To investigate and record the loss or theft of Department property. PROCEDURE Upon discovering the loss or theft of Department property: MEMBER OF THE SERVICE 1. DESK OFFICER 2. OPERATIONS COORDINATOR 3. 4. 5. 6. 7. 8. 9. 10. NOTE 1 of 2 Report facts to desk officer. Notify commanding officer and operations coordinator. Conduct investigation. Make Command Log entry of facts and results of investigation. Prepare report, on Typed Letterhead, addressed to commanding officer. Have COMPLAINT REPORT (PD313-152) prepared. a. Indicate, under appropriate caption, that duplicated copies are to be forwarded to the Internal Affairs Bureau, the Quartermaster Section, (ONLY if Department property, lost or stolen, was issued by the Quartermaster Section) and Patrol/Transit/Housing Borough, Detective Borough, or bureau concerned. Notify Internal Affairs Bureau Command Center, by telephone, and enter Internal Affairs Bureau log number under “Details” on COMPLAINT REPORT. Notify Stolen Property Inquiry Section (Alarm Board) if property has identifying letters or numbers on it for purpose of transmitting alarm. a. If Vehicle Identification Plate is lost/stolen, give Vehicle Identification Plate number including the letter “P”, if appropriate, and the expiration date of the plate. Notify Transit Special Investigations Unit, Transit Bureau Wheel and the Employee Management Division if property consists of a New York City Transit (NYCT) Police Pass MetroCard. Forward three copies of report to Commanding Officer, Fleet Services Division for loss of a tire, tool, etc., from a Department vehicle. a. Forward one copy direct to the Commanding Officer, Transit Bureau, if property consists of NYCT Police Pass MetroCard and one copy with COMPLAINT REPORT direct to the Executive Officer, Employee Management Division, if property consists of NYCT Police Pass MetroCard, Long Island Railroad Police Pass or Metro North Police Pass. In cases where the loss or theft of a NYCT Police Pass MetroCard, Long Island Railroad and/or Metro North Police Pass occurs outside New York City the member will notify the local police agency and desk officer, command of assignment. The desk officer will make a Command Log entry and notify the operations coordinator who will conduct an investigation, notify IAB and comply with step “10” subdivision “a,” as appropriate. The IAB log number must be included in the report. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-20 OPERATIONS COORDINATOR (continued) REVISION NUMBER: PAGE: 12/04/13 11. COMMANDING 12. OFFICER 2 of 2 Take other action as appropriate. Review result of investigation. ADDITIONAL DATA Each precinct squad commander will examine COMPLAINT REPORTS prepared, including those REPORTS not referred to the precinct squad, concerning the loss or theft of police related equipment. Such equipment will include, but is not limited to, law enforcement frequency radios, police vehicles, uniforms, shields or identification cards, bulletproof vests or police type emergency lights or sirens. The squad commander will notify the Commanding Officer, Major Case Squad of such loss/theft by telephone and forward a duplicated copy of the COMPLAINT REPORT or COMPLAINT FOLLOW-UP, as appropriate, with a covering report, on Typed Letterhead, to the Major Case Squad. In addition P.G. 219-21, “Lost/Stolen Firearm, Shield, Identification Card” is to be adhered to when a member of the Department reports a lost/stolen firearm, shield, and/or I.D. card. RELATED PROCEDURE Portable Radio Transceivers (P.G. 219-15) Lost/Stolen Firearm, Shield, Identification Card (P.G. 219-21) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-21 LOST/STOLEN FIREARM, SHIELD, IDENTIFICATION CARD DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To investigate circumstances when a member of the service (uniformed or civilian) reports a lost/stolen firearm, police shield or IDENTIFICATION CARD (PD416-091). PROCEDURE When a member of the service discovers the loss/theft of a firearm, shield or IDENTIFICATION CARD: MEMBER OF THE SERVICE 1. NOTE In Nassau or Suffolk counties, notify desk officer, 105th Precinct. In Westchester, Orange, Putnam or Rockland counties, notify desk officer, 50th Precinct. If loss/theft occurs in other than New York City or the residence counties, notify Operations Unit direct. In addition, the local police agency will be notified immediately and requested to transmit a FINEST notification to this Department. 2. 3. DESK OFFICER 4. 5. 6. 7. NOTE Notify desk officer, precinct of occurrence, immediately. Prepare part “A” of LOST/STOLEN FIREARM/SHIELD/I.D. CARD REPORT (PD520-150). a. If loss/theft occurred outside city, the desk officer or Operations Unit member receiving the report will prepare both parts “A” and “B” of the report. Report loss/theft to commanding officer at first opportunity and include all information available. Make a Command Log entry of facts. a. If member reporting loss/theft is not assigned to precinct of report, prepare and forward a transcript of the Log entry to the member’s commanding officer. Notify commanding officer/duty captain and Operations Unit immediately. Prepare part “B” of LOST/STOLEN REPORT. Ensure that COMPLAINT REPORT (PD313-152) is finalized and alarm transmitted. A COMPLAINT REPORT will not be prepared nor will an alarm be transmitted if the loss/theft occurred outside New York City. However, a Command Log and/or Telephone Record entry will be made. 8. Notify Internal Affairs Bureau Command Center and enter Internal Affairs Bureau log number under “Details” on COMPLAINT REPORT, if prepared, or in Telephone Record, if COMPLAINT REPORT is not prepared. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-21 COMMANDING OFFICER/ DUTY CAPTAIN PAGE: 08/01/13 9. 10. 11. 12. 13. NOTE REVISION NUMBER: 2 of 3 Conduct immediate investigation. a. Communicate, by telephone, with agency receiving report, if loss/theft occurred outside New York City. b. Interview member of the service concerned reporting loss/theft, by telephone, if necessary. Prepare part “C” of LOST/STOLEN REPORT. a. Include recommendation concerning negligence by member of the service. Prepare SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123), if circumstances warrant. Distribute LOST/STOLEN REPORT as indicated on bottom of form. Forward SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT to commanding officer of member reporting loss/theft. If the duty captain conducts the investigation, a copy of the SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT will be filed in the permanent command of the duty captain. 14. MEMBER’S COMMANDING 15. OFFICER NOTE Have notation made on member’s FORCE RECORD (PD406-143) of time and date of the Command Log entry concerning the loss/theft of firearm. Determine if disciplinary action should be taken. When it has been determined that disciplinary action should be taken for the loss of or failure to safeguard a firearm, a consultation with the Department Advocate’s Office will be made to determine appropriate disciplinary action. 16. 17. 18. 19. MEMBER OF THE SERVICE 20. Initiate command discipline or formal charges, if circumstances warrant. Enter disposition on SUPERVISOR’S COMPLAINT REPORT/ COMMAND DISCIPLINE ELECTION REPORT and file. a. Forward duplicate copy of LOST/STOLEN REPORT, through channels, to Department Advocate (Schedule B cases only). Prepare part “D” of LOST/STOLEN REPORT giving particulars and/or results of investigation and any action taken or contemplated. Distribute LOST/STOLEN REPORT as indicated on rear of form. Report to Commanding Officer, Employee Management Division to obtain a new shield or IDENTIFICATION CARD. a. Return to permanent command and request clerical member to enter new shield number on FORCE RECORD. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 219-21 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 Members of the service assigned to Police Headquarters whose firearm/shield/ IDENTIFICATION CARD is lost/stolen within the confines of the 5th Precinct will immediately report the loss/theft to the Headquarters Security Unit. Members of the service assigned to the Police Academy or units within the Police Academy facility (other than 13th Precinct personnel) whose firearm/shield/IDENTIFICATION CARD is stolen/lost within the confines of the 13th Precinct will immediately report the loss/theft of firearm/shield/IDENTIFICATION CARD to the Police Academy Integrity Unit. A captain or above from the reporting members command will conduct the investigation, prepare the LOST/STOLEN FIREARM/SHIELD/I.D. CARD REPORT, and the SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT. Headquarters Security Unit or Police Academy Integrity Unit personnel will make the notifications required by the preceding procedure and COMPLAINT REPORT serial numbers will be obtained from the 5th or 13th Precinct, as appropriate. If the loss/theft of a shield occurs at a time when the Employee Management Division is closed and the member concerned is scheduled to perform duty in uniform, the member will be assigned to duty in uniform without a shield until the Office of the Chief of Personnel opens the next business day. Reports of lost/stolen auxiliary police shields will be processed as directed in P.G. 20712 “Lost or Stolen Property.” The command clerk will enter in the box captioned “Additional Copies For” - Auxiliary Police Section. Auxiliary police shields coming into the possession of the Department, if not required as evidence, will be forwarded, with a report of the circumstances, to the Commanding Officer, Auxiliary Police Section. A PROPERTY CLERK INVOICE (PD521-141) is not required in such cases. RELATED PROCEDURES General Uniform Regulations (P.G. 204-01) Reporting Violations Observed By Supervisors (P.G. 206-01) Violations Subject To Command Discipline (P.G. 206-03) Command Discipline (P.G. 206-02) Authorized Penalties Under Command Discipline (P.G. 206-04) Preparation Of Charges And Specifications (P.G. 206-05) Service And Disposition Of Charges And Specifications (P.G. 206-06) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) FORCE RECORD (PD406-143) IDENTIFICATION CARD (PD416-091) LOST/STOLEN FIREARM /SHIELD/I.D. CARD REPORT (PD520-150) PROPERTY CLERK INVOICE (PD521-141) SUPERVISOR’S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-22 OPERATION OF VENDING MACHINES WITHIN DEPARTMENT FACILITIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To set guidelines for the operation of vending machines by precinct clubs or similar associations within Department facilities. DEFINITIONS COMMAND CLUBS - Formal or informal association of all Department personnel within a Department facility. VENDING MACHINE - Coin operated machine owned/leased and operated by members of a precinct club to dispense food, nonalcoholic beverages and cigarettes. NOTE The presence of coin operated non-vending machines, e.g., video games, pool tables, etc., is prohibited in any Department facility. PROCEDURE When a precinct club or similar association of Department employees decides to purchase/lease and operate vending machines for use within a Department facility: COMMAND CLUB MEMBERS 1. 2. 3. COMMANDING 4. 5. OFFICER 6. 7. Admit to membership all Department personnel assigned to the facility. Obtain consent of commanding officer/counterpart PRIOR to purchasing/ leasing a vending machine. Provide commanding officer/counterpart with names of members responsible for operating the vending machines. a. Provide the names of principals of company from which vending machine will be purchased or leased. Request record check of principals of company from the Intelligence Division. Direct that members of the command club purchase/lease vending machines needed and maintain an accurate record of expenses and income from each machine. Inform members of the command club that vending machines owned and operated by private companies or individuals SHALL NOT BE INSTALLED OR MAINTAINED IN DEPARTMENT FACILITIES. Request Building Maintenance Section conduct a survey to determine if proposed vending machine location possesses adequate electrical wiring capacity to safely operate the vending machine. a. Obtain written approval from the C.O., Building Maintenance Section. COMMAND CLUB MEMBERS 8. NOTE The facility commander’s knowledge and consent with regard to the placement or location of vending machines SHALL NOT be construed as either a license or lease of an area in a Department facility. 9. Place vending machines in locations within facility that have been approved by the facility commander. Maintain an accurate monthly record of expenses and income for EACH machine as follows: a. Utilize a bound book, entitled “Vending Machine Ledger” divided equally into sections to accommodate EACH machine in command, containing information relative to ALL transactions effecting vending machine funds, and captioned on a single page as follows: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-22 REVISION NUMBER: PAGE: 08/01/13 2 of 3 (ACROSS TOP OF PAGE) TYPE OF MACHINE (soda, candy, etc.) STATUS (Leased/owned) MONTH/YEAR (FIRST LINE OF PAGE) DATE (Mo./Day/Yr.) TRANSACTION # DEBITS (# of each (Cost of product transaction, starting and maintenance with #1 each expenses) calendar year). CHECK # PURPOSE CREDITS (Reason for debit, (Money taken from machine) supplies, lease, maintenance, etc.) (SAMPLE ENTRIES) Coffee Leased 07/15/96 34 __________ __________ 07/15/96 35 $175.00 13 July/1996 Coins removed $75.00 from machine Supplies ordered __________ for machine LOSS $100.00 NOTE Upon listing of last monthly transaction, draw a double line and indicate total loss or profit for that machine. b. COMMAND CLUB MEMBERS (continued) Utilize a bound book, entitled “Club Activity Expenditures Ledger,” containing information relative to ALL monies derived from vending machines and expenditures of same, and captioned on a single page as follows: (ACROSS TOP OF PAGE) MONTH/YEAR OPENING BALANCE (Actual total of ALL monies from previous month.) (FIRST LINE OF PAGE) DATE (Mo./Day/Yr.) TRANSACTION # (# of each transaction, starting with #1 each calendar year). CHECK # (Avoid cash, if possible) AMOUNT (Amount of check) PURPOSE (Brief description of reason for expenditure, e.g., club function, flowers, materials, etc.) (SAMPLE ENTRIES) 06/06/96 June/1996 38 12 $1553.00 $75.00 06/20/96 39 13 $25.00 Precinct paddle ball tournament. Flowers for P.O. O’Neill CLOSING BALANCE $1453.00 NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-22 NOTE 3 of 3 Upon listing of last monthly transaction, draw a double line and indicate total closing balance. c. d. A folder entitled “Documentation File,” containing bills, receipts, etc., of EVERY financial transaction. A folder entitled “Bank Statement File,” containing bank statements, deposit slips, cancelled checks and other banking correspondence. Commanding officer/counterpart will inspect ledgers monthly by indicating date, time and signature. 10. 11. 12. 13. 14. ADDITIONAL DATA PAGE: 08/01/13 COMMAND CLUB MEMBERS (continued) NOTE REVISION NUMBER: Operate and stock all vending machines, set prices and collect money deposited in each machine. Set reasonable prices for all items dispensed to prevent any substantial accumulation of cash in excess of what would be reasonably required to cover expenses. Place the following notice on each vending machine: “FOR USE BY POLICE DEPARTMENT EMPLOYEES ONLY”. Promptly handle complaints of inoperative machines, lost coins, etc. Comply with all City, State and Federal tax laws relating to the sale of items in vending machines. Any surplus cash earned will belong to all members of the club. The surplus cash, with the consent of club members, may be used to defray costs of social events, gifts to members on special occasions, e.g. flowers, condolence cards, mementos of service, etc., or to purchase items for use within the facility for the common benefit of all club members. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-23 SOLAR CELLULAR CALLBOXES DATE ISSUED: 08/19/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 1 PURPOSE To ensure that all components of a solar cellular callbox are in place and the callbox is functioning properly. PROCEDURE When an alarm is received at a solar cellular callbox: UNIFORMED MEMBER OF THE SERVICE 1. 2. 3. 4. Respond as directed by the Communications Division. Ascertain that the following components are in place: a. Antenna b. Solar panel c. Pole d. Sign - “Emergency Phone” e. Callbox f. Handset and cable (cord). Make a test call to Communications Division a. Verify the operability of the callbox b. Verify callbox number c. Verify callbox location. Prepare appropriate reports for damaged or missing components: a. COMPLAINT REPORT (PD313-152) when investigation reveals vandalism, damaged or missing components. b. Police Accident Report (MV104AN) when investigation indicates damage or knockdown as a result of a motor vehicle collision. NOTE Remove entire callbox or unattached components, as appropriate, to the stationhouse for safekeeping. In all instances the Communications Division must be notified as follows: a. Monday to Friday, 0800 to 1600 hours, Telecommunications Unit. b. All other times contact the Communications Section’s Lieutenant Platoon Commander. COMMAND CLERK 5. ADDITIONAL DATA Members of the Communications Division Callbox Unit are available weekdays from 0800 to 1600 hours to provide further information if needed. RELATED PROCEDURE Monthly Signal Box Survey (A.G. 322-25) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) Police Accident Report (MV104AN) Forward duplicate copy of COMPLAINT REPORT or MV104AN by Department mail, or FAX to: Telecommunications Unit, Room 910B One Police Plaza NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-24 UTILIZATION OF AND ACCOUNTABILITY FOR CELLULAR TELEPHONES ASSIGNED TO PATROL SUPERVISOR DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To ensure the proper utilization of and accountability for cellular telephones assigned to patrol supervisor. PROCEDURE When a patrol supervisor is prepared to utilize an assigned Department cellular telephone: PATROL SUPERVISOR 1. 2. NOTE These cellular telephones are capable of receiving all incoming calls, e.g. desk officer, duty captain, etc., However, each is programmed to allow only the outgoing calls listed in above step. 3. 4. 5. DESK OFFICER 6. 7. COMMANDING 8. OFFICER Ensure the power is “ON.” Press “RECALL” (RCL) button followed by one of the selected numerals: “1” = telephone switchboard “2” = desk “3” = patrol borough “4” = Operations Unit “5” = 911 Press “SEND” (SND) button. Complete conversation. Press “END” button. Ensure cellular telephone assigned to command for use by the patrol supervisor are operational each tour: a. Batteries charged b. Car adapters available. Make a command log entry listing the name, telephone number, and assignment of the patrol supervisor in possession of the cellular telephone. a. Telephones not assigned will be accounted for each tour with a command log entry. Ensure that cellular telephones in need of repair are promptly returned to the Telecommunications Unit located at One Police Plaza, room 910B. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-25 E-Z PASS TAGS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To account for the safekeeping and usage of E-Z Pass tags assigned to each command. PROCEDURE When E-Z Pass tags are assigned to a command: COMMANDING 1. OFFICER 2. Have lieutenant platoon commander/patrol supervisor account for all E-Z Pass tags that are assigned to the command. Have integrity control officer monitor the usage of the E-Z Pass tags assigned to the command. LIEUTENANT PLATOON COMMANDER/ PATROL SUPERVISOR 3. Inspect all Department vehicles assigned to command for E-Z Pass tags each Sunday, after the second platoon has been posted. a. Ensure that E-Z Pass tags are affixed to center top windshield of each vehicle and that the serial numbers are recorded on the VEHICLE INSPECTION REPORT (PD571-153). INTEGRITY CONTROL OFFICER 4. 5. Maintain an inventory of all E-Z Pass tags assigned to command. Review the command’s E-Z Pass usage to ensure that the E-Z Pass tags are used within Department guidelines. Incorporate E-Z Pass tags and their usage into the command’s monthly self-inspection program. 6. NOTE Commands are not authorized to transfer E-Z Pass tags from one vehicle to another. All E-Z Pass tag reassignments must be approved by the Commanding Officer, Fleet Services Division. WHEN AN E-Z PASS TAG IS DEFECTIVE 7. RANKING OFFICER 8. NOTE Prepare a report on Typed Letterhead addressed to the Commanding Officer, Fleet Services Division with the date, time and locations where the E-Z Pass tag failed. Notify Fleet Services Division of the defective tag and deliver E-Z Pass tag with a report on Typed Letterhead to Fleet Services Division. E-Z Pass tags may fail for various reasons (defective battery, excessive speed, etc.). Therefore it is necessary to attempt to cross another E-Z Pass toll plaza to ensure that the tag is in fact defective. WHEN AN E-Z PASS TAG IS LOST/STOLEN OR RECOVERED UNIFORMED MEMBER OF THE SERVICE 9. Notify the desk officer precinct/PSA/transit district of occurrence. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-25 12. COMMANDING 13. 14 OFFICER ADDITIONAL DATA PAGE: 08/01/13 10. 11. DESK OFFICER/ RANKING OFFICER REVISION NUMBER: 2 of 2 Have COMPLAINT REPORT (PD313-152) prepared, if necessary. Notify Internal Affairs Bureau and enter log number under “Details” section of the COMPLAINT REPORT. Notify Stolen Property Inquiry Section (S.P.I.S.) of E-Z Pass serial number. Investigate circumstances of loss, theft, or recovery of E-Z Pass tag. Have a report prepared on Typed Letterhead with a copy of the COMPLAINT REPORT, forwarded through channels to the Commanding Officer, Fleet Services Division. a. Forward copy of report to command/unit where Department vehicle is assigned, if other than command of occurrence. E-Z Pass tags will be permanently affixed to the top center of the vehicle’s interior windshield utilizing double sided tape provided by Fleet Services Division. The exception to this provision will be vehicles that routinely leave the city on official business (example: Category I vehicles), which will have the E-Z Pass tag secured to the windshield with velcro strips provided by Fleet Services Division. The velcro strips will allow the operator of the vehicle to remove the E-Z Pass tag when utilizing facilities not authorized for E-Z Pass use by this Department (example: NYS Thruway, NJ Turnpike, Garden State Parkway, etc.). E-Z PASS USAGE IS AUTHORIZED FOR THE BELOW LISTED CROSSINGS ONLY: Bronx-Whitestone Bridge Brooklyn Battery Tunnel Triborough Bridge Henry Hudson Bridge Queens Midtown Tunnel Throgs Neck Bridge Cross Bay Veterans Memorial Bridge Marine Parkway-Gil Hodges Memorial Bridge George Washington Bridge Bayonne Bridge Goethals Bridge Holland Tunnel Lincoln Tunnel Outerbridge Crossing Verrazano-Narrows Bridge RELATED PROCEDURES Inspection Of Department Vehicles Each Tour By Operator (P.G. 219-01) Weekly Inspection Of Department Vehicles (P.G. 219-02) Loss Or Theft Of Department Property (P.G. 219-20) FORMS AND REPORTS VEHICLE INSPECTION REPORT (PD571-153) COMPLAINT REPORT (PD313-152) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-26 ACQUISITION AND USE OF DEPARTMENT ISSUED NEW YORK CITY TRANSIT POLICE PASS METROCARDS DATE ISSUED: 12/04/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 12/04/13 1 of 3 PURPOSE To provide for the issuance, control, and strict accountability of Department issued New York City Transit (NYCT) Police Pass MetroCards to all uniformed members of service. PROCEDURE When a uniformed member of the service is issued a NYCT Police Pass MetroCard by the Employee Management Division: 1. EMPLOYEE MANAGEMENT DIVISION NOTE Provide a NYCT Police Pass MetroCard to ALL uniformed members of the service. The Employee Management Division will be responsible for the assignment and issuance of ALL NYCT Police Pass MetroCards, including replacement cards for damaged, defective, lost, stolen MetroCards. This card is assigned to the individual uniformed member of service, not the command. Each member will be assigned a specific card which contains its own unique serial number. This card can only be used by the member to whom it has been issued. This will allow for monitoring of the program to ensure control and accountability of all MetroCards. NYCT Police Pass MetroCards are never to be assigned or reassigned by commands. NYCT Police Pass MetroCards are generally valid for a period of two years. Upon expiration of MetroCard, each member MUST return their expired card in order to be issued a new card. This renewal process will be coordinated by the Employee Management Division which is located at One Police Plaza, Room 1000. 2. Maintain an account of NYCT Police Pass MetroCards to ensure the integrity of the program. COMMANDING 3. OFFICER 4. Ensure that all uniformed members assigned to command are in possession of a NYCT Police Pass MetroCard. Ensure that MetroCard serial number is entered on each member’s FORCE RECORD (PD406-143). Have the integrity control officer monitor the MetroCard program to ensure that all uniformed members are following procedures regarding the proper safeguarding and usage of their MetroCard. Ensure that an investigation is conducted and proper procedures adhered to in instances where MetroCards become damaged, defective or are lost or stolen. 5. 6. INTEGRITY CONTROL OFFICER 7. 8. Enter the MetroCard serial number on each member’s FORCE RECORD in order to maintain an accurate account of MetroCards assigned to members in the command. Have MetroCards inspected at roll calls and during semi-annual uniform inspection. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-26 REVISION NUMBER: PAGE: 12/04/13 2 of 3 INTEGRITY CONTROL OFFICER (continued) 9. NOTE When a uniformed member is going on a long term leave of absence, such as military or child care leave, ensure that member surrenders his/her MetroCard immediately prior to such leave and have MetroCard hand delivered to the Employee Management Division. Upon member’s return from long term leave of absence, prepare a report on Typed Letterhead for the signature of the commanding officer requesting re-issuance of a MetroCard. Upon review of such request the Employee Management Division will reissue a MetroCard to requesting member. 10. 11. 12. 13. 14. 15. UNIFORMED MEMBER OF THE SERVICE 16. 17. 18. 19. 20. Conduct an investigation and prepare a report on Typed Letterhead for commanding officer’s signature requesting a replacement card, when a MetroCard is damaged or becomes defective. a. Have report and damaged/defective MetroCard hand delivered to the Employee Management Division. Comply with provisions of P.G. 219-20, “Loss Or Theft Of Department Property,” if a Department issued MetroCard is reported lost or stolen. a. Make telephone notification to Employee Management Division and forward copy of all relevant paperwork regarding incident. Arrange for pick-up of cards, when notified by the Employee Management Division that replacement MetroCards are ready. a. Safeguard and issue cards to requesting members. Collect all expired MetroCards from members of the command during the renewal period. Ensure that all members of the command are issued the card that they have been assigned by serial number and obtain their signature on the MetroCard distribution list as receipt of their card. Deliver completed MetroCard distribution list and expired MetroCards to the Employee Management Division. Retain copy of MetroCard distribution list in command. Carry Department issued MetroCard at all times whenever a shield and IDENTIFICATION CARD (PD416-091) are required to be carried. Safeguard MetroCard at all times. Request replacement if MetroCard becomes defective. Notify desk officer if a MetroCard is lost, stolen or damaged. Surrender issued MetroCard upon separation from the Department, immediately prior to long term leave of absence or upon expiration of MetroCard. DESK OFFICER 21. Notify commanding officer and operations coordinator of lost or stolen MetroCard. 22. OPERATIONS COORDINATOR Comply with provisions of P.G. 219-20, “Loss Or Theft Of Department Property” and conduct investigation into loss or theft of Department issued MetroCard. Have COMPLAINT REPORT (PD313-152) prepared. 23. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-26 PAGE: 12/04/13 24. OPERATIONS COORDINATOR (continued) 25. 26. 27. 28. COMMANDING 29. OFFICER ADDITIONAL DATA REVISION NUMBER: 3 of 3 Notify Internal Affairs Bureau Command Center by telephone, and enter Internal Affairs Bureau Log number under “Details” of COMPLAINT REPORT. Notify Stolen Property Inquiry Section. Notify Transit Bureau Wheel, Transit Special Investigations Unit and Employee Management Division. Include MetroCard serial number on all Department forms prepared. Prepare report on Typed Letterhead, including the results of the investigation as well as any proposed disciplinary action, if applicable. a. Forward one copy to the Executive Officer, Employee Management Division and one copy to the Commanding Officer, Transit Special Investigations Unit. Review results of investigation. Upon separation of service (retirement, resignation, dismissal, etc.) all uniformed members MUST surrender their MetroCard to their command, who will be responsible for ensuring the return of the card to the Employee Management Division. All MetroCards must be hand delivered to the Employee Management Division. A notation should be made on PROPERTY RECEIPT – DISCONTINUANCE OF SERVICE (PD520-013) regarding same. NYCT Police Pass MetroCards have no electronic restrictions for their use. They may be used repeatedly and indefinitely throughout their period of validity. However, uniformed members should be aware that each use of the MetroCard is electronically recorded by NYC Transit. These records will be made available to this Department for review and analysis, should the condition warrant (e.g., loss, theft, investigation into card usage, etc.). Uniformed members of the service assigned MetroCards shall use their assigned card to gain access to subways and public buses at all times. MetroCards are Department property and are to be safeguarded at all times. POLICE PASS METROCARDS ARE FOR THE EXCLUSIVE USE OF THE UNIFORMED MEMBER OF THE SERVICE TO WHOM IT IS ISSUED. Uniformed members of the service who knowingly allow an unauthorized person to use their Police Pass MetroCard may be the subject of disciplinary action. Under no circumstances are Police Pass MetroCards to be given or loaned to any other person. RELATED PROCEDURES Discontinuance of Police Service – Retirement or Vested Interest (P.G. 205-42) Discontinuance of Police Service – Resignation (P.G. 205-43) Violations Subject to Command Discipline (P.G. 206-03) Loss or Theft of Department Property (P.G. 219-20) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) FORCE RECORD (PD406-143) PROPERTY RECEIPT – DISCONTINUANCE OF SERVICE (PD520-013) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-27 ISSUANCE AND MAINTENANCE OF RADIATION DETECTION PAGERS ASSIGNED TO COMMANDS DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 3 PURPOSE To provide for the control, accountability and issuance of Department radiation detection pagers assigned to commands: PROCEDURE When radiation detection pagers are assigned to commands: COUNTER TERRORISM CENTRAL RESOURCE DIVISION 1. COMMANDING OFFICER 3. 2. 4. NOTE Ensure desk officer accounts for radiation detection pagers assigned to command on each tour. Designate a secure area under the control of the desk officer for storage of radiation detection pagers and batteries assigned to the command that are not being utilized. Commands will maintain a supply of “AAA” batteries for the use of all radiation detection pagers in their command. “AAA” batteries may be obtained from the Quartermaster Section. 5. 6. NOTE Assign radiation detection pagers to command through the Citywide Counterterrorism Coordinator. Maintain an account of all assigned radiation detection pagers to ensure integrity of the program. Ensure availability, operability, and use of radiation detection pagers on all tours. Ensure all supervisors/designated uniformed members of the service performing patrol duties in the command are adequately trained in the use and maintenance of radiation detection pagers and ensure that they are assigned and deployed on all tours. a. ONLY trained supervisors and trained uniformed members of the service will be assigned to use radiation detection pagers. Commanding officers of specialized units utilizing radiation detection pagers will have discretion to designate selected members of their units to be trained in the use of radiation detection pagers, as necessary. DESK OFFICER 7. 8. Inspect and account for all radiation detection pagers assigned to command at commencement of each scheduled tour. a. Make Command Log entry, including serial numbers and operating status. Distribute radiation detection pagers assigned to command to trained patrol supervisor/designated uniformed members of the service on scheduled tour. a. Indicate rank, name, shield number and assignment of member(s) receiving radiation detection pager in Command Log. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-27 REVISION NUMBER: PAGE: 10/16/13 2 of 3 Commands issued radiation detection pagers will deploy the device on each tour. Should a command have more than one radiation detection pager, it will be assigned to an additional trained supervisor/uniformed member of the service on patrol (e.g., traffic safety, anti-crime, bike patrol, etc.). Pager(s) not assigned during a tour, will be secured at the command. NOTE Commands are not authorized to transfer radiation detection pagers to other commands. PATROL SUPERVISOR/ UNIFORMED MEMBER OF THE SERVICE ASSIGNED 9. 10. 11. 12. 13. Inspect radiation detection pager to ensure operability and battery power at the beginning of each scheduled tour. a. Request replacement batteries from desk officer, as needed b. Inform desk officer, or other designated supervisor, if the radiation detection pager is inoperable or requires repair/ replacement. Enter serial number of radiation detection pager into ACTIVITY LOG (PD112-145). Carry and safeguard radiation detection pager until completion of tour and comply with provisions of P.G. 212-102, “Personal Radiation Detection Pager Alarms,” if pager activates an alarm. Notify desk officer if radiation detection pager is lost, stolen or damaged. Return radiation detection pager to desk officer upon completion of tour. IF RADIATION DETECTION REPLACEMENT: DESK OFFICER 14. 15. 16. 17. ASSIGNED UNIFORMED MEMBER OF THE SERVICE 18. 19. PAGER(S) REQUIRES REPAIR OR Investigate circumstances. Prepare report on Typed Letterhead with the following information and attach to each radiation detection pager: a. Detailed description of circumstances surrounding damage or malfunction b. Rank, name, tax registry number and command of member of the service radiation detection pager was assigned to at time of damage or malfunction Contact the Patrol Borough Counterterrorism Coordinator for instructions regarding the return of radiation detection pager(s) and acquisition of replacement(s). Assign a uniformed member of the service to deliver radiation detection pager(s) with report on Typed Letterhead or retrieve pager as per instructions received from Patrol Borough Counterterrorism Coordinator. a. Record details in Command Log including serial number of radiation detection pager(s) and rank, name, shield number of member assigned. Deliver/retrieve radiation detection pager(s). Make the following ACTIVITY LOG entries: a. Serial number(s) of radiation detection pager(s) involved. b. Rank, name and shield number of borough staff member receiving or distributing the radiation detection pager(s). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-27 REVISION NUMBER: PAGE: 10/16/13 3 of 3 20. PATROL 21. BOROUGH 22. COUNTER TERRORISM COORDINATOR Accept the returned radiation detection pager(s). Provide replacement radiation detection pager(s), if available. Have returned radiation detection pager(s) delivered to Citywide Counterterrorism Office. CITYWIDE COUNTER TERRORISM OFFICE 23. Forward returned radiation detection pager(s) to the Counterterrorism Central Resource Division. ADDITIONAL DATA Reports of lost or stolen radiation detection pager(s) will be processed in accordance with P.G. 219-20, “Loss or Theft of Department Property.” In addition, the Citywide Counterterrorism Office will be immediately notified. RELATED PROCEDURES Discontinuance of Police Service – Resignation (P.G. 205-43) Discontinuance of Police Service – Retirement or Vested Interest (P.G. 205-42) Hazardous Materials (P.G. 212-37) Loss or Theft of Department Property (P.G. 219-20) Patrol Borough Counterterrorism Coordinator (P.G. 202-04b) Personal Radiation Detection Pager Alarms (P.G. 212-102) Required Firearms/Equipment (P.G. 204-09) Processing Unknown Substances Suspected of Being Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Materials Evidence (P.G. 212-101) FORMS AND REPORTS ACTIVITY LOG (PD112-145) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-28 EMERGENCY POWER OUTAGES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To address emergency power outages in a timely and efficient manner, and to ensure that non-essential equipment is removed from emergency electrical receptacles when a power outage occurs. SCOPE The Building Maintenance Section is responsible to test, maintain and repair the Department’s emergency generator systems (Housing and Transit Bureau facilities will be maintained by the Housing and Transit Authorities as per existing Memorandums of Understanding). Each command’s generator system is tested and preventive maintenance performed by the Building Maintenance Section on a regular basis. PROCEDURE When a Department facility loses electrical power (regardless of whether or not the emergency generator system is activated): DESK OFFICER 1. /SUPERVISORY OFFICER NOTE Immediately notify the Building Maintenance Section, twenty-four hours a day, seven days a week. a. Record notification in Telephone Record. If necessary, the Building Maintenance Section will dispatch generator mechanics and electricians to correct any conditions and monitor the system. Only qualified Building Maintenance Section personnel should attempt to start or repair the emergency generator system. Absent exigent circumstances, other members of the service or personnel from outside agencies are not permitted to start or repair the generator system without the approval of a Building Maintenance Section supervisor. IF THE EMERGENCY GENERATOR HAS BEEN ACTIVATED: DESK OFFICER 2. /SUPERVISORY 3. OFFICER Immediately survey the command to ensure that only essential emergency equipment and critical computer systems are operating on emergency power. Have all non-essential equipment disconnected from emergency electrical receptacles. NOTE All non-essential equipment (air conditioners, vending machines, refrigerators, microwaves, etc.) should be immediately disconnected from emergency electrical receptacles. Emergency electrical receptacles are commonly identified by a red cover plate over the receptacle or raised lettering on the outlet receptacle. ADDITIONAL DATA If a command has a single fuel tank for both the heating system and the emergency generator, it is the command’s responsibility to maintain the proper fuel level. Commands that have a single fuel tank (see Appendix “A”) will ensure that the fuel level remains above the fifty percent level. Commands with two fuel tanks (separate tanks for the heating system and emergency generator system) are responsible for maintaining the fuel level in the tank that supplies the heating system. The Building Maintenance Section will be responsible for maintaining the proper fuel level in the emergency generator fuel NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 219-28 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 3 tank. If command personnel require training on how to properly determine the fuel level of the command’s fuel tank, a work order should be submitted to the Building Maintenance Section via the on-line work order system. Include in the request for training a contact person, contact phone number and times when the member of the service will be available. Commanding officers are responsible to conduct a quarterly survey to ensure that all generator rooms, mechanical rooms, and electrical rooms are being utilized only for their intended purpose and not as locker rooms, storage rooms, etc. Items placed within these locations may create a fire hazard, which could endanger all members of the command. RELATED PROCEDURE Request for Repairs to Department Facilities and Equipment (A.G. 325-20) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 219-28 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 APPENDIX “A” The following commands have a single fuel tank and will be required to maintain the tank level above the fifty percent mark. COMMAND 1 7 10 20 23 24 26 28 30 33 34 43 47 48 52 60 61 63 67 68 69 71 72 75 76 79 81 84 90 94 102 105 109 111 112 113 114 120 122 BMS BSTF (70 PARK) TANK SIZE 2500 Gallons 8000 Gallons 2500 Gallons 6000 Gallons 10000 Gallons 8000 Gallons 10000 Gallons 8000 Gallons 8000 Gallons 15000 Gallons 10000 Gallons 6000 Gallons 8000 Gallons 10000 Gallons 8000 Gallons 6000 Gallons 6000 Gallons 3000 Gallons 5000 Gallons 8000 Gallons 4000 Gallons 4000 Gallons 8000 Gallons 15000 Gallons 6000 Gallons 6000 Gallons 6000 Gallons 10000 Gallons 15000 Gallons 5000 Gallons 5000 Gallons 10000 Gallons 10000 Gallons 8000 Gallons 10000 Gallons 10000 Gallons 6000 Gallons 5000 Gallons 6000 Gallons 25000 Gallons 10000 Gallons NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-29 DISTRIBUTION AND USE OF NYPD RESTRICTED PARKING PERMITS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 6 PURPOSE To provide for the distribution, accountability, use and restrictions of the NYPD Restricted Parking Permit. DEFINITION NYPD Restricted Parking Permit (Misc. 23-N): Cardboard, approximately four inches by ten inches with serial number, command code, space for vehicle license plate number and an expiration date (permit color, design and expiration date will change each year). PROCEDURE To account for the distribution and use of Department issued NYPD Restricted Parking Permits. NOTE ELIGIBILITY REQUIREMENTS FOR RESTRICTED PARKING PERMITS Only members of the service are eligible to receive a Restricted Parking Permit. Under NO circumstance will non-members of the service be assigned permits. Members of the service must meet the following requirements to be deemed ELIGIBLE for a Restricted Parking Permit: a. b. c. Member must have a valid NYS driver’s license and the vehicle that the Restricted Parking Permit is requested for must have a valid NYS registration (this requirement is not applicable for members of the service with certain exempted titles, i.e., certain employment titles allow members to reside outside of New York City and the resident counties). Any member of the service with an exempted title must comply with the regulations of this procedure based upon the licensing, registration and insurance regulations of the state in which they reside. The vehicle that the Restricted Parking Permit is requested for must have a valid insurance policy. The vehicle that the Restricted Parking Permit is requested for must be registered to the requesting member of the service, or to a person related by blood or marriage, or to the requesting member’s registered NYS domestic partner. The residence of the vehicle’s registered owner (member of the service, relative or NYS domestic partner) must be the same residence the requesting member of the service has on record with the Department. When a member of the service applies for a Restricted Parking Permit, it is permissible to have a Post Office (P.O.) box listed on the member’s driver’s license, registration and/or insurance card. However, in all cases the member of the service’s address of record with the DMV for his/her license and registration, as well as the address on record with the insurance company for the auto insurance all must match the primary residence the member of the service has on record with the Department. If the mailing address on the registration of the vehicle is a P.O. box, the requesting member MUST attach to the application proof that the insurance policy of the vehicle is issued to the same address as the member’s primary residence on record with the Department. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-29 NOTE (continued) REVISION NUMBER: PAGE: 08/01/13 2 of 6 When a member of the service changes his/her residence, he/she will comply with Patrol Guide 203-18, “Residence Requirements” and Patrol Guide 203-24, “Personal Information Via Department Intranet.” Members must also notify the New York State Department of Motor Vehicles (DMV) when they change addresses. MEMBER/VEHICLES INELIGIBLE FOR RESTRICTED PARKING PERMITS Members of the service will be deemed INELIGIBLE to receive a Restricted Parking Permit as follows: a. Member has been assigned a Category I Department vehicle (i.e., unmarked Department vehicle not required to be stored at a Department facility and permitted to be removed from the City on a regular basis. Category I Department vehicles are specifically designated by the Police Commissioner.). All Department owned, leased or rented vehicles will be assigned an NYPD Official Vehicle Identification Plate (Misc. 740). An Official Vehicle Identification Plate (laminated permit) will only be issued to the private vehicle of a member of the service upon approval of a “Private Vehicle Authorization” as outlined in Administrative Guide 325-14, “Private Vehicles Authorization” as well as approval by the Chief of Internal Affairs Bureau. b. c. d. Members assigned to One Police Plaza who have access to One Police Plaza garage parking, including the annex garage (exemption: Category II vehicles). Members assigned to the Military & Extended Leave Desk or on vacation/terminal leave pending retirement. Members under suspension. In compliance with P.G. 206-08, “Suspension from Duty – Uniformed Member of the Service,” and P.G. 206-09, “Suspension from Duty – Civilian Member of the Service,” the ranking officer in charge will direct member placed under suspension to surrender all Department property, including assigned Restricted Parking Permit. e. Auxiliary Police members. COMMANDING OFFICER/ INTEGRITY CONTROL OFFICER 1. Distribute Restricted Parking Permit applications to all eligible members of command based on command code only. a. Applications are available to commanding officers or appropriate designee via the Department Intranet under the heading “Computer Applications.” NOTE Commanding officers of precincts will be responsible to distribute permits to their respective Detective Squads. Only members of the service who fill out an application will be considered for a Restricted Parking Permit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-29 REVISION NUMBER: PAGE: 08/01/13 3 of 6 MEMBER OF THE SERVICE 2. Complete application and submit to the integrity control officer by the last business day of the following: a. Manhattan – first week of September b. Bronx – second week of September c. Staten Island/Brooklyn – third week of September d. Queens – fourth week of September. NOTE All commands will comply with the above submission dates based on the patrol borough location of their reporting command and not the location of their overhead command (example: members assigned to the Emergency Service Squad 4, located at 3450 Kingsbridge Ave., Bronx, will follow the Bronx submission schedule). Only members of the service on sick report, vacation or other authorized leave will be exempt from filing on these dates and will report to their integrity control officer upon return to duty. 3. INTEGRITY CONTROL OFFICER/ DESIGNEE 4. NOTE Ensure each application is properly completed. Return any incomplete application to the member concerned for immediate correction. Conduct the following integrity control background checks using the following sessions: a. MSWS – FINEST RALL (NYS Vehicle Registration by Plate Number) b. MSWS – FINEST DLIC (NYS Driver Inquiry, suspensions, revocations and restrictions on license, scofflaw) c. MIS – CESN PEPR. Integrity control officers must confer with the Personnel Bureau to ensure that the Department has the correct information on file for any member of the service who has recently changed any personal information. All integrity control officers must have a CESN code to conduct a PEPR check. If a PEPR check cannot be completed, ensure that the member’s residence accurately reflects the residence on record with the Department. 5. NOTE Attach the results of all checks to each application. A failure in any of the above categories (e.g., discrepancies in vehicle registration, insurance, suspended or revoked driver’s license, unverified residence, scofflaw, etc.) will disqualify the applicant from receiving a Restricted Parking Permit. If any discrepancy in the above information is revealed, the integrity control officer will obtain an Internal Affairs Bureau log number, conduct an investigation and take appropriate action. COMMANDING OFFICER 6. 7. File all denied applications at command level. Forward approved applications to the commanding officer for final authorization and signature. 8. Ensure command fulfills all of the above requirements and that ONLY completed and approved applications are sent to the Internal Affairs Bureau, Vehicle Identification Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-29 REVISION NUMBER: PAGE: 08/01/13 4 of 6 NOTE If any application is denied by the integrity control officer or the commanding officer, the applicant’s expiring Restricted Parking Permit will be immediately confiscated and returned to the Internal Affairs Bureau, Vehicle Identification Unit. INTEGRITY CONTROL OFFICER/ DESIGNEE 9. 10. 11. NOTE Enter the APPROVED applications into the Restricted Parking Permit Application System via the Intranet. a. The first step requires the setup of a Registered User Account (if assistance is needed accessing the website, contact the Internal Affairs Bureau, Vehicle Identification Unit). Print a hard copy of the application before entering “SUBMIT.” Ensure hard copies of completed and approved applications along with all supporting material are hand delivered to the Internal Affairs Bureau, Vehicle Identification Unit at 315 Hudson Street, Manhattan, by the last business day of the following: a. Manhattan – second week of September b. Bronx – third week of September c. Staten Island/Brooklyn – fourth week of September d. Queens – first week of October. The Internal Affairs Bureau, Vehicle Identification Unit is available to assist members of the service who appear in person from 0900 to 1700, Monday through Thursday. In order to ensure that requesting officers receive their Restricted Parking Permits prior to the expiration date, it is incumbent upon each individual command to adhere to the above dates. Integrity control officer/designee must ensure that in instances where the vehicle registration of a requesting member has a P.O. box address, that the member of the service submits proof that the insurance policy of the vehicle is issued to the same address as the member’s primary residence on record with the Department. That proof must be forwarded with the application to the Internal Affairs Bureau, Vehicle Identification Unit. INTERNAL AFFAIRS BUREAU, VEHICLE IDENTIFICATION UNIT 12. 13. NOTE Commands receiving the above notification will make appropriate entries in the Telephone Record. Maintain copies of all completed applications in a secure location. Notify command concerned (via Telephone Message) of the date and time to obtain new Restricted Parking Permits. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-29 REVISION NUMBER: PAGE: 08/01/13 5 of 6 INTEGRITY CONTROL OFFICER/ DESIGNEE 14. NOTE Account for all lost/missing permits in accordance with P.G. 219-20, “Loss or Theft of Department Property.” 15. NOTE Upon receipt of the new Restricted Parking Permits, collect the expiring permits and forward them to the Internal Affairs Bureau, Vehicle Identification Unit according to the following schedule: a. Manhattan – during the first and second week of March b. Bronx – during the third and fourth week of March c. Staten Island/Brooklyn – during the first and second week of April d. Queens – during the third and fourth week of April. Ensure the vehicle license plate number listed on the submitted application is properly indicated on the newly issued Restricted Parking Permit with a permanent marker. Commanding officers will be held strictly accountable for adherence to all deadlines for the submission and collection of Restricted Parking Permits assigned to members of their command. Under NO circumstances will the Restricted Parking Permit be laminated. When a member of the service is transferred, the integrity control officer of the member’s new command is responsible for collecting the Restricted Parking Permit that was issued to the transferring member. When the transferred member arrives at the new command, he/she will apply for a new Restricted Parking Permit regardless of the date of transfer. During the application process, the member will continue to use his/her Restricted Parking Permit from his/her previous command. Upon approval of a new Restricted Parking Permit the member will submit his/her old permit to the integrity control officer of the new command, who will forward the returned permit to the Internal Affairs Bureau, Vehicle Identification Unit. ADDITIONAL DATA On Election Days, uniformed members of the service assigned to election duty, are permitted to display their valid NYPD Restricted Parking Permits, in authorized vehicles, to park in close proximity to their assigned election posts. Commands will continue to maintain a command Parking Permit Log with appropriate captions as outlined in Patrol Guide 202-15, “Command Integrity Control Officer.” Each member will be responsible to secure his/her permit while off duty and NOT display it for any reason other than to park in a designated self-enforcement zone while on duty. Any permit without a license plate number displayed on its face will be deemed invalid. Any violation of this procedure will result in the member’s vehicle being summonsed and possibly towed. Furthermore, the offending member of the service may be subject to disciplinary action. A permit is deemed invalid if the license plate number displayed on the face of the permit does not match the vehicle registration plate number. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 219-29 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 6 of 6 If the vehicle which the Restricted Parking Permit was originally assigned to is subsequently changed, the member will notify his/her commanding officer within thirty days. Members will be allowed to use another vehicle not on file with the Internal Affairs Bureau for a maximum of thirty days if the vehicle they use to commute is unavailable (e.g., mechanic, change in ownership, etc). A member of the service can only use the Restricted Parking Permit for another vehicle (in above situation) if that substitute vehicle is owned by the requesting member of the service, a person related by blood or marriage, or the requesting members’ registered NYS domestic partner. The residence of the substitute vehicles’ registered owner (member of the service, relative or NYS domestic partner) must be the same residence the requesting member of the service has on file with the Department. Members of the service are reminded that there is no valid verifiable defense for parking their vehicle (with or without a Restricted Parking Permit) under the following conditions: a. Double Parking b. Fire Hydrant or Fire Zone c. Bus Stop d. Sidewalk e. Crosswalks and Driveways f. Obstruct Traffic g. No Standing Zones (except “No Standing Except Truck Loading and Unloading”) h. Snow Emergency i. No Parking – Taxi Stand j. Within No Permit Zone – as indicated on rear of vehicle identification plates. Members of the service will be held strictly accountable for the permit issued to them. Furthermore, the use of these permits is restricted to the member of service to which it is assigned and therefore non-transferable to anyone else. The Restricted Parking Permit must be properly displayed within the vehicle (i.e., face up with entire serial number and license plate visible) otherwise the permit will be considered invalid. When displayed, no part or portion of the Restricted Parking Permit will be covered with any item or be obstructed in anyway. A RESTRICTED PARKING PERMIT MAY NOT BE PHOTOCOPIED OR REPRODUCED IN ANY MANNER. ANY MEMBER IN VIOLATION WILL BE SUBJECT TO DISCIPLINARY ACTION. RELATED PROCEDURES Command Integrity Control Officer (P.G. 202-15) Residence Requirements (P.G. 203-18) Personal Information Via Department Intranet (P.G. 203-24) Private Vehicle Authorization (A.G. 325-14) Vehicle Identification Plates for Private Vehicles Used on Official Business (A.G. 325-15) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-30 ISSUANCE AND MAINTENANCE OF RADIATION DETECTION PAGERS PERSONALLY ASSIGNED TO UNIFORMED MEMBERS OF THE SERVICE DATE ISSUED: 10/16/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 10/16/13 1 of 3 PURPOSE To provide for the control, accountability and issuance of Department radiation detection pagers assigned to selected individual uniformed members of the service: PROCEDURE When radiation detection pagers are permanently assigned to selected individual uniformed members of the service: COUNTER TERRORISM CENTRAL RESOURCE DIVISION 1. 2. Issue radiation detection pagers permanently to individual uniformed members of the service upon completion of the Counterterrorism Central Resource Division’s “Radiation Detection Pager” training. a. Forward a copy of the PROPERTY TRANSFER RECEIPT (PD521-145) to the commanding officer and integrity control officer of the trained member. Maintain an account of all radiation detection pagers to ensure integrity of the program. NOTE The Counterterrorism Central Resource Division will be responsible for the assignment and issuance of radiation detection pagers to individual uniformed members of the service. Each uniformed member of the service will be assigned a specific radiation detection pager which contains its own unique serial number. This will also allow for monitoring of the program to ensure control and accountability of individually issued radiation detection pagers. COMMANDING OFFICER 3. 4. NOTE Ensure integrity control officer monitors permanently assigned radiation detection pagers to individual uniformed members of the service. Have radiation detection pager inspected during semi-annual uniform inspection, as per A.G. 305-06, “Inspection of Uniforms.” Commands will maintain a supply of “AAA” batteries for the use of all radiation detection pagers in their command. “AAA” batteries may be obtained from the Quartermaster Section. Commanding officers of specialized units utilizing radiation detection pagers will have discretion to designate selected members of their units to be trained in the use of radiation detection pagers, as necessary. INTEGRITY CONTROL OFFICER 5. 6. DESK OFFICER 7. Ensure radiation detection pager serial number for each trained uniformed member of the service is listed on member’s FORCE RECORD (PD406-143). Maintain a list of all uniformed members of the service who are personally assigned a radiation detection pager. Inspect and account for radiation detection pagers personally assigned to uniformed members of the service at the commencement of each scheduled tour. a. Make a Command Log entry, including serial numbers. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-30 REVISION NUMBER: PAGE: 10/16/13 2 of 3 NOTE Commands are not authorized to transfer permanently assigned radiation detection pagers to other uniformed members of the service. ASSIGNED UNIFORMED MEMBER OF THE SERVICE 8. 9. 10. 11. 12. Safeguard radiation detection pager at all times. Inspect radiation detection pager to ensure operability and battery power at the beginning of each scheduled tour. a. Request replacement batteries from desk officer, as needed b. Inform desk officer, or other designated supervisor, if the radiation detection pager is inoperable or requires repair/replacement. Carry and safeguard radiation detection pager at all times when performing duty and comply with provisions of P.G. 212-102, “Personal Radiation Detection Pager Alarms,” if radiation detection pager activates an alarm. Notify desk officer if radiation detection pager is lost, stolen or damaged. Surrender issued radiation detection pager upon separation from the Department to desk officer for return to the Patrol Borough Counterterrorism Coordinator. IF RADIATION DETECTION REPLACEMENT, OR RETURN: DESK OFFICER 13. 14. 15. 16. ASSIGNED UNIFORMED MEMBER OF THE SERVICE 17. 18. PAGER(S) REQUIRES REPAIR, Investigate circumstances. Prepare report on Typed Letterhead with the following information and attach to each radiation detection pager: a. Detailed description of circumstances surrounding damage, malfunction or other reason for return b. Rank, name, tax registry number and command of member of service radiation detection pager was assigned to at time of damage, malfunction or surrender. Contact the Patrol Borough Counterterrorism Coordinator for instructions regarding the return of radiation detection pager(s) and acquisition of replacement(s). Assign a uniformed member of the service to deliver pager with report on Typed Letterhead or retrieve pager as per instructions received from Patrol Borough Counterterrorism Coordinator. a. Record details in the Command Log including serial number of radiation detection pager(s) and rank, name, shield number of member assigned. Deliver/retrieve radiation detection pager. Make the following ACTIVITY LOG entries: a. Serial number(s) of radiation detection pager(s) involved b. Rank, name and shield number of borough staff member receiving or distributing the radiation detection pager(s). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-30 REVISION NUMBER: PAGE: 10/16/13 3 of 3 19. PATROL 20. BOROUGH 21. COUNTER – TERRORISM COORDINATOR Accept the returned radiation detection pager(s). Provide replacement radiation detection pager(s), if available. Have returned radiation detection pager(s) delivered to Citywide Counterterrorism Office. CITYWIDE COUNTER TERRORISM OFFICE 22. Forward returned radiation detection pager(s) to the Counterterrorism Central Resource Division. ADDITIONAL DATA Reports of lost or stolen radiation detection pager(s) will be processed in accordance with P.G. 219-20, “Loss or Theft of Department Property.” In addition, the Citywide Counterterrorism Office will be immediately notified. RELATED PROCEDURES Discontinuance of Police Service – Resignation (P.G. 205-43) Discontinuance of Police Service – Retirement or Vested Interest (P.G. 205-42) Hazardous Materials (P.G. 212-37) Loss or Theft of Department Property (P.G. 219-20) Patrol Borough Counterterrorism Coordinator (P.G. 202-04b) Personal Radiation Detection Pager Alarms (P.G. 212-102) Required Firearms/Equipment (P.G 204-09) Processing Unknown Substances Suspected of Being Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Materials Evidence (P.G. 212-101) Inspection of Uniforms (A.G. 305-06) FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY TRANSFER RECEIPT (PD521-145) Typed Letterhead NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Department Property Procedure No: 219-31 LICENSE PLATE READER DEVICES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To provide for control, use, maintenance and accountability of License Plate Reader (LPR) devices installed in selected Department vehicles. DEFINITIONS LICENSE PLATE READER DEVICE (LPR) - A specialized camera and computer that is capable of quickly capturing license plate numbers on passing vehicles and then converting them into text that is automatically compared against a “hot list” of license plates of interest (e.g., stolen, wanted, suspended registration or insurance coverage, etc.). An LPR device can identify a target plate within seconds. LPR devices operate while Department vehicles are traveling at normal speeds, reading each license plate passed and alerting the LPR operator when there is a match to the “hot list.” HOT LIST - A list of targeted license plate numbers and partial plate numbers that are stored locally on a vehicle’s mobile digital terminal (MDT). Due to the speed of the LPR system, the volume of license plates being read and the fact that the system must notify the LPR operator of an alarm within seconds, in order to be useful, the method of using a locally stored database is utilized rather than relying on real-time communications with state or federal data sources. The LPR device is not automatically connected to NYSPIN, is not programmed to scan the state of registration on a license plate and will activate upon a partial scan match. Therefore, it is absolutely essential that the LPR operator verify the current status of a vehicle through NYSPIN prior to initiating any law enforcement action (e.g., arrest, summons, etc.). PROCEDURE When a License Plate Reader (LPR) device is installed in selected Department vehicles of assigned command: MEMBER UTILIZING LPR SYSTEM 1. NOTE 2. Inspect LPR device for operability and serviceability in assigned vehicle at beginning of tour and report results to desk officer. Activate LPR device and record in ACTIVITY LOG (PD112-145) the last time LPR device received an updated “hot list.” If the system has not received an updated “hot list” within the last twenty-four hours, the LPR operator will immediately report to a designated download site in order to receive a new update. Under no circumstances will an LPR device be utilized if it has not been updated within the last twenty-four hours. 3. Notify patrol supervisor and desk officer if LPR system becomes inoperable during tour. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 219-31 PAGE: 08/01/13 DESK OFFICER 4. 5. 6. OPERATIONS COORDINATOR REVISION NUMBER: 7. 2 of 3 Account for the condition of each LPR device in Department vehicles assigned to the command at beginning of each tour. a. Record results of member’s inspection for each LPR device in the Command Log. Enter on ROLL CALL (PD406-144) the assignment of each Department vehicle equipped with an LPR device assigned to the command (e.g., sector “A,” conditions, anti-crime, etc.). Notify operations coordinator when LPR device becomes inoperable and requires repair or maintenance. Contact vendor twenty-four hours a day, seven days a week, for repairs and maintenance to an LPR device, when required. UPON THE ACTIVATION OF AN ALARM FROM THE LPR SYSTEM MEMBER UTILIZING LPR SYSTEM 8. NOTE The LPR device is not automatically connected to NYSPIN, is not programmed to scan the state of registration on a license plate and will activate upon a partial scan match. Therefore, it is absolutely essential that the LPR operator verify the current status of a vehicle through NYSPIN prior to initiating any law enforcement action. 9. ADDITIONAL DATA Verify by checking NYSPIN through radio dispatcher that alarm or vehicle status remains active. Take necessary law enforcement action (e.g., arrest, summons, Rotation Tow, etc.). a. Members shall be guided by P.G. 212-39, “Vehicle Pursuits,” whenever they are in pursuit of a vehicle due to activation of an alarm from the LPR system. The LPR system allows for the proactive entry of license plate numbers and partial plate numbers, enabling the system to activate when the wanted vehicle’s license plate has been read by the LPR device. If the New York State Police activate an Amber Alert, the Communications Section will instruct all LPR operators of selected Department vehicles equipped with LPR’s to manually enter the Amber Alert vehicle’s license plate number into the “hot list.” This will enable selected vehicles to immediately begin canvassing for an Amber Alert wanted vehicle rather than reporting to a designated download site in order to receive a new update for the “hot list.” This feature is useful when canvassing for wanted vehicles that have not been classified as stolen and do not already appear on the LPR system’s “hot list.” The Real Time Crime Center can be contacted to conduct a search of past records of license plate numbers searched. LPR devices are intended to provide access to stolen and wanted files and may also be used in furtherance of a criminal investigation. The use of an LPR device for any other purpose is strictly prohibited. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 219-31 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 The camera lens of an LPR device may be cleaned only with a glass cleaner that is applied with a soft cloth. Other types of maintenance or manipulation by members of the Department are strictly prohibited. If the LPR is inoperable or requires maintenance, the vendor will be contacted to make the repair. A Department vehicle does not have to be placed out of service while waiting for the repair of the LPR device. RELATED PROCEDURES Vehicle Pursuits (P.G. 212-39) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ROLL CALL (PD406-144) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-01 CIMS: ORGANIZATIONAL STRUCTURE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To outline the CIMS Organizational Structure. SCOPE The CIMS organizational structure begins with the establishment of a Command Element. The Command Element must create an incident management organization that will successfully resolve the incident. Because the CIMS organizational structure is modular, it may be expanded as necessary by the Command Element to manage any type of incident or planned event, irrespective of its nature, size, scope, duration, location or complexity. Consequently, the incident management organization may be very small, e.g., the Command Element and several Single Resources; or, it may be very large, e.g., the Command Element, three Command Staff positions and five General Staff Sections. As the number and complexity of the tasks / functions that the Command Element must perform and / or manage increases, the Command Element will begin establishing an incident management organization. The Command Element may activate the appropriate Sections to manage the major CIMS functional areas, i.e., Operations, Planning, Logistics, Finance / Administration and optional Intelligence / Investigations, and designate Section chiefs. The Command Element may also activate the appropriate Command Staff positions. Section chiefs may delegate management authority for their assigned functions / tasks, as required. The Operations Section chief may activate Sectors and / or Groups, and if necessary, Branches. The Intelligence / Investigations Section chief may activate Groups. The Logistics Section chief may activate Units, and if necessary, Branches. The Planning Section chief and Finance / Administration Section chief may activate Units. COMMAND ELEMENT In determining how to structure the incident management organization, the Command Element should consider the following: 1. Observe recommended Span of Control guidelines. 2. When necessary, delegate authority and assign personnel to perform one or more incident related tactical and / or support tasks / functions. 3. When necessary, delegate authority and assign personnel to General Staff Sections and / or Command Staff positions to manage the performance of the tasks / functions that have been delegated and supervise the personnel to whom the tasks were assigned. 4. When determining whether to activate a General Staff Section or Command Staff position, activate and staff only the organizational elements that are necessary to manage the required functions / tasks; a. If one individual can simultaneously manage all major functions / tasks, no further organization is required. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: PAGE: 08/01/13 220-01 2 of 2 b. COMMAND ELEMENT (continued) 5. 6. ADDITIONAL DATA REVISION NUMBER: If one or more of the functions / tasks requires independent management, an individual or individuals are assigned to manage those functions / tasks. Deactivate organizational elements no longer required. The functions / tasks of any non-activated or deactivated subordinate organizational element will be managed by the overhead supervising organizational element. The following illustrates a CIMS Organization with ALL of the organizational elements activated. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-02 CIMS: PRIMARY AGENCY MATRIX DATE ISSUED: 08/01/13 PURPOSE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 To list specific incident types and designate which Command Element structure will be utilized, i.e., Single Command or Unified Command; and, which Agency or Agencies have Command Element responsibilities for that particular incident type, i.e., are designated Primary Agency or Primary Agencies. The CIMS “Primary Agency Matrix” lists specific incident types and designates: a. Which Command Element structure will be utilized, i.e., Single Command – Command Element or Unified Command – Command Element; and, b. Which Agency will be designated Primary Agency in a Single Command – Command Element; or, which Agencies will be designated Primary Agencies in a Unified Command – Command Element. CIMS PRIMARY AGENCY MATRIX – UNIFIED COMMAND MATRIX INCIDENT TYPE Aviation Incident Chemical, Biological, Radiological or Nuclear (CBRN) / HazMat Incident* Citywide Public Health Emergency Explosion Natural Disaster / Weather Emergency Rail Incident Utility Incident: Electric Utility Incident: Gas Utility Incident: Steam Utility Incident: Water / Wastewater Utility Incident:Telecommunications PRIMARY AGENCIES FDNY, NYPD NYPD, FDNY POTENTIAL PRIMARY AGENCIES / SUBJECT MATTER EXPERTS * * PANYNJ, USCG, NTSB USCG, DEP, DOHMH DOHMH, NYPD, FDNY HHC, GNYHA FDNY, NYPD OEM, NYPD, FDNY, DOT, DSNY FDNY, NYPD NYPD, FDNY NYPD, FDNY NYPD, FDNY DEP, FDNY, NYPD DDC, DOB, HPD DDC, DEP, DOB, DOHMH, Con Ed, Keyspan / LIPA MTA, PANYNJ, NJT, Amtrak Con Ed, Keyspan / LIPA Con Ed, Keyspan / LIPA Con Ed, Keyspan / LIPA Con Ed, Keyspan / LIPA DOITT, NYPD, FDNY Verizon *CBRN / HazMat Incident NYPD will be the Primary Agency (Incident Commander) at CBRN / HazMat incidents. If NYPD determines there is no actual or suspected criminal activity or terrorism, a Unified Command will be implemented. The Operations Section will be a Unified Operations Section based on agency Core Competencies in all circumstances, with NYPD responsible for overall site management, and assessment and investigations for criminal activity or terrorism, and with FDNY responsible for Life Safety Operations (search for and rescue injured; and provide pre-hospital emergency medical care and transport; and address immediate life safety hazards to the public) and mass decontamination. For chemical incidents, DEP will make a final assessment of the hazard, adjust or set “hot”, “warm” and “cold” zones, and direct all mitigation efforts. For biological or radiological incidents, DOHMH will make a final assessment of the hazard, adjust or set “hot”, “warm” and “cold” zones, and direct all mitigation efforts. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-02 REVISION NUMBER: PAGE: 08/01/13 2 of 2 CBRN / HAZ-MAT INCIDENT – ACTUAL OR SUSPECTED CRIME / TERRORISM CBRN / HazMat Incident Actual or Suspected Crime or Terrorism NYPD to Determine NYPD Single Command No Actual or Suspected Crime or Terrorism NYPD to Determine Unified Command Unified Operations Section Unified Operations Section **Designation of Potential Primary Agencies / Subject Matter Experts in the Unified Command Matrix does not exclude other agencies from being designated Primary Agencies depending upon the jurisdictional issues of a specific incident. When the CIMS “Primary Agency Matrix” specifies a Unified Command - Command Element, each of the Primary Agencies in the Unified Command – Command Element will designate an “Agency Incident Commander.” If there is a CBRN / HazMat incident, until the NYPD determines that there is no actual or suspected criminal activity or terrorism, the NYPD will be the one Primary Agency in a Single Command – Command Element and designate one single Incident Commander. If the NYPD determines that there is no actual or suspected criminal activity or terrorism then the NYPD will be one of the Primary Agencies in a Unified Command – Command Element and will designate an “Agency Incident Commander.” When determining if there is actual or suspected criminal activity or terrorism, comply with the appropriate Department procedures. CIMS PRIMARY AGENCY MATRIX - SINGLE COMMAND MATRIX SINGLE COMMAND MATRIX INCIDENT TYPE PRIMARY AGENCY Auto Extrication NYPD/FDNY (First to arrive) Boat in Distress NYPD/FDNY (First to arrive) Citywide Cyber Incident NYPD and/or DOITT Civil Disturbance NYPD Confined Space Rescue FDNY Correctional Facility Disturbance DOC Downed Tree DPR / FDNY Elevator Incident or Emergency FDNY Emotionally Disturbed Person NYPD Entrapment / Impalement FDNY Explosive Device, Bomb Threat NYPD Fire FDNY Hostage Incident NYPD Sniper Incident NYPD Special Event NYPD Structural Collapse FDNY Suspicious Package NYPD Water / Ice Rescue NYPD When the CIMS “Primary Agency Matrix” specifies a Single Command - Command Element, the one Primary Agency in the Single Command – Command Element will designate one single Incident Commander. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-03 CIMS: AGENCY CORE COMPETENCIES AND UNIFIED OPERATIONS SECTION DATE ISSUED: 08/19/13 PURPOSE DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 1 of 3 To define and describe Agency Core Competencies at an incident. DEFINITIONS CIMS AGENCY “CORE COMPETENCIES” AND UNIFIED OPERATIONS SECTION Core Competencies are functional areas of expertise that are implemented at incidents, and relate specifically to tactical operations that are managed by the Operations Section; or if not activated, the Command Element. Core Competencies have been identified for agencies with incident management responsibilities identified in the Primary Agency Matrix. Although multiple agencies may be capable of performing similar tactical operations, CIMS assigns the Core Competency to only one specific agency. Agencies have the authority to direct tactical operations related to their Core Competencies at incidents. If more than one agency is capable of performing the same tactical operations at an incident, the agency with the Core Competency will give tactical direction, by the ranking officer, to other agencies performing operations within that Core Competency. In a Unified Command-Command Element, Agency Incident Commanders from the Primary Agencies with tactical operations responsibility and a relevant “Core Competency” will each designate an Agency Operations Section chief to direct tactical operations in a Unified Operations Section. However, if Agency Incident Commanders agree, they may select one single Operations Section chief to direct tactical operations. If there is a Single Command – Command Element at a CBRN / HazMat incident, the NYPD Incident Commander; and FDNY Supporting Agency / Agency Representative; and DEP Supporting Agency / Agency Representative; and DOHMH Supporting Agency / Agency Representative will each designate an Agency Operations Section chief to direct tactical operations in a Unified Operations Section. However, if the NYPD Incident Commander; and FDNY Supporting Agency / Agency Representative; and DEP Supporting Agency / Agency Representative; and DOHMH Supporting Agency / Agency Representative agree, they may select one single Operations Section chief to direct tactical operations. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-03 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 2 of 3 CIMS – CORE COMPETENCIES AGENCY FDNY CORE COMPETENCIES NYPD DOB DCAS DDC DEP DOHMH Fire Suppression Pre-hospital Emergency Medical Care Search and Rescue Structural Evacuation CBRN / Haz-Mat Life Safety (search for & rescue injured; and provide pre-hospital emergency medical care & transport; and address immediate life safety hazards to the public) and Mass Decontamination Arson Investigation (Cause and Origin) Law Enforcement and Investigation Intelligence Collection and Analysis Crime Scene Processing / Evidence Preservation Site Management 1. Perimeter Control 2. Traffic Control 3. Crowd Control 4. Site Security and Force Protection 5. Evacuation (Area and / or Law Enforcement related) Water Search and Rescue CBRN / Haz-Mat Overall Site Management, Assessment and Investigation (Crime Scene / Terrorism) Collision Investigation VIP Protection Arson Investigation (Major Case) Damage Assessment (Structural) Building Re-occupancy (Structural) Public Buildings: Infrastructure Assessment, Repair and Reconstruction Technical Debris Management Operations Technical Stabilization, Remediation and Demolition Public Buildings, Roadways, Water and Wastewater: Infrastructure Assessment, Repair and Reconstruction Environmental Monitoring, Sampling, Evaluation and Analysis Environmental Mitigation (Chemical) Environmental Law Enforcement Water and Wastewater: Infrastructure Assessment, Repair and Reconstruction Disease Surveillance and Epidemiology Public Health Orders, Clinical Guidance and Risk Communication Mass Prophylaxis / Vaccination Laboratory Testing (Biological and Radiological) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-03 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/19/13 3 of 3 DOHMH HPD DOITT OCME OEM DPR DSNY DOT Con Ed Keyspan / LIPA Verizon Public Health Assessment Environmental Mitigation (Radiological and Biological) Animal-Related Surveillance and Vector Control Mental Health Needs Assessment and Service Coordination Stabilization, Remediation and Demolition Tenant Relocation Telecommunications: Infrastructure Assessment, Repair and Reconstruction Fatality Management Operations Interagency Coordination and Support Forestry Parks: Infrastructure Assessment, Repair and Reconstruction Debris Management Operations (Non-Toxic and Non-Hazardous Debris) Snow Removal Operations Bridges and Roadways: Infrastructure Assessment, Repair and Reconstruction Transportation Systems Management Staten Island Ferry Operations Electric, Gas and Steam: Infrastructure Assessment, Repair and Reconstruction Electric and Gas: Infrastructure Assessment, Repair and Reconstruction Telecommunications: Infrastructure Assessment, Repair and Reconstruction NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-04 CIMS: AGENCY ROLES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To define and describe CIMS Agency Roles. PROCEDURE When responding to an incident, Agency Roles will be defined and described as follows: DEFINITIONS PRIMARY AGENCY - Based upon the incident type, the CIMS Primary Agency Matrix will designate one agency as the Primary Agency to command a Single Command - Command Element. The Primary Agency will designate one single Incident Commander who will have overall command responsibility for managing the incident. NOTE The Primary Agency, Incident Commander will designate the Operations Section chief. However, for a CBRN / HazMat incident there will be a Unified Operations Section. In a Unified Operations Section the NYPD Incident Commander, the FDNY Supporting Agency / Agency Representative, the DEP Supporting Agency / Agency Representative, and the DOHMH Supporting Agency / Agency Representative will each designate an Agency Operations Section chief. However, the NYPD Incident Commander and the FDNY and DEP and DOHMH Supporting Agency / Agency Representatives may all agree to designate only one Operations Section chief. The Primary Agency, Incident Commander will coordinate with the Supporting Agencies to successfully achieve the Incident Objectives. PRIMARY AGENCIES - Based upon the incident type, the CIMS Primary Agency Matrix will designate more than one Primary Agency, called Primary Agencies, to command a Unified Command - Command Element. Each of the Primary Agencies will designate an Agency Incident Commander. All Agency Incident Commanders will co-locate and remain at one single Incident Command Post, will jointly set Incident Objectives and create one single Incident Action Plan. NOTE The Agency Incident Commanders in the Unified Command – Command Element will each designate an Agency Operations Section chief. However, the Agency Incident Commanders may all agree to designate only one Operations Section chief. The Agency Incident Commanders in the Unified Command – Command Element will coordinate with the Primary Agencies and the Supporting Agencies to successfully achieve the Incident Objectives. POTENTIAL PRIMARY AGENCIES - Potential Primary Agencies are state and federal Agencies that have functional, political, or geographic / administrative jurisdictional authority / responsibility at an incident under specific conditions. For example, incidents occurring at airports, national parks, railway facilities, military facilities; or, terrorism related incidents; or, aviation incidents. If these state and federal Agencies have jurisdictional authority / responsibility, they will be included in the Unified Command – Command Element and the Unified Operations Section. SUBJECT MATTER EXPERT AGENCIES – Agencies that do not have personnel deployed to tactical assignments involving an incident; but, do have specific scientific, engineering or other technical expertise involving incident related tactical operations. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-05 CIMS: COMMAND ELEMENT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 14 PURPOSE To outline the duties of the Command Element in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Command Element are: COMMAND ELEMENT 1. 2. 3. 4. Assume responsibility for overall incident management; and, assume command of all strategic, tactical, investigative and support incident management functions, operations, activities, etc. a. In a Single Command – Command Element, assume the position of Incident Commander. b. In a Unified Command – Command Element, assume the position of Agency Incident Commander for the NYPD; and, work collaboratively with the other Agency Incident Commander(s) designated by each of the Primary Agencies that have command responsibility in the Unified Command – Command Element. c. If there is a CBRN / HazMat incident, until the NYPD determines that there is no actual or suspected criminal activity or terrorism, assume the position of Incident Commander in a Single Command – Command Element. If the NYPD determines that there is no actual or suspected criminal activity or terrorism then assume the position of Agency Incident Commander for the NYPD in a Unified Command – Command Element. When determining if there is actual or suspected criminal activity or terrorism, comply with the appropriate Department procedures. Obtain complete briefing from previous Command Element when applicable; assess the situation; make a preliminary determination regarding the nature, scope, complexity, location, size, duration, boundaries, etc., of the incident; and notify: a. Desk Officer, Precinct of occurrence. b. Patrol Borough Office, Borough of occurrence. c. Operations Unit. d. Communications Section dispatcher and / or supervisor. Ensure incident safety and that adequate force protection, security, health and safety measures are implemented. a. Intervene in and / or suspend any incident management operations, functions, activities, etc., to prevent, stop, and / or correct hazardous, unhealthy or unsafe activities, functions and conditions. b. Ensure all incident executives, managers, supervisors and personnel make safety the #1 priority. Ensure accountability, safety, health, force protection and security measures are developed and implemented for personnel, vehicles, equipment, facilities, and other resources. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-05 COMMAND ELEMENT (continued) REVISION NUMBER: PAGE: 08/01/13 5. 6. 7. 2 of 14 Establish incident management priorities including Life Safety Operations (immediate #1 priority); Site Management Operations; Investigative Operations and Recovery / Restoration Operations. Ensure Life Safety Operations, Site Management Operations, Investigative Operations, Recovery / Restoration Operations and any other necessary operations, activities, functions, etc., are expeditiously and properly conducted in a coordinated manner; and, are implemented and conducted concurrently and / or consecutively in whatever sequence is deemed appropriate. a. Life Safety Operations are the immediate #1 priority. Absent extraordinary emergency circumstances, Life Safety Operations supersede all other incident management operations. b. Ensure the first properly trained and equipped emergency responder personnel assess / evaluate the incident and, if capable, initiate Life Safety and Site Management Operations. c. Consult with the Primary Agency(ies), Supporting Agency(ies) and Coordinating Agency regarding the implementation of Site Management Operations. d. If approved by the Command Element, Investigative Operations may be initiated concurrently with Life Safety Operations. e. In order to avoid interfering with Investigative Operations, particularly the processing of Crime Scenes and Investigative Scenes, Recovery / Restoration Operations usually will not be commenced until Investigative Operations have concluded. However, if approved by the Command Element, Recovery / Restoration Operations may be initiated concurrently with Investigative Operations and / or Life Safety Operations. f. Depending upon the circumstances, different incident management operations / activities may be initiated and conducted concurrently and / or consecutively in whatever sequence is deemed appropriate by the Command Element. Utilize “Management by Objectives” principles, and determine Incident Objectives, Strategies and Tactical Direction. a. The Incident Objectives identify what must be accomplished in order to successfully resolve the incident. (1) All Incident Objectives must be: (a) Attainable considering the existing incident management related limitations and constraints. (b) Measurable in order to determine whether they are being effectively, efficiently and expeditiously achieved. (c) Adaptable / flexible to provide for alternative Strategies and Tactical operations. (2) The time required to successfully resolve the incident and the length of the Operational Period(s) should be considered when determining the Incident Objectives. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-05 REVISION NUMBER: PAGE: 08/01/13 b. COMMAND ELEMENT (continued) 8. 9. 10. 11. 3 of 14 Strategy describes the general method or methods that should be used, either singly or in combination and either consecutively or simultaneously, to effectively, efficiently and expeditiously achieve the Incident Objectives. One or more appropriate Strategies should be identified for each Incident Objective; and if possible, there should be an alternative Strategy(ies) for each Incident Objective. Strategies should be feasible, practical, effective, efficient and ensure safety / security. When identifying Strategies, the time required to successfully resolve the incident and the length of the Operational Period(s) should be considered. c. Tactical Direction is provided by the Command Element. However, the Operations Section chief, if that position has been activated, is responsible for formulating and executing the specific tactical operations / activities required to accomplish the Incident Objectives. Tactical Direction involves: (1) Identifying the tactics / actions appropriate to the selected Strategy(ies) that must be performed in order to achieve the Incident Objectives. (2) Identifying the required resources / support and determining availability. (3) Ensuring there is sufficient logistics service and support. (4) Deploying the required resources and maintaining appropriate reserves. (5) Monitoring the performance of the organization and the resources in order to measure whether the Incident Objectives are being effectively, efficiently, and expeditiously achieved. (6) Identifying and implementing necessary modifications. (7) Considering the time required to successfully resolve the incident and the length of the Operational Period(s). Determine the required number, Kind and Type of resources; and, request that those resources promptly respond to the appropriate location, i.e., Staging Area(s). Ensure arriving resources, and resources that initially responded directly to the incident scene, properly “Check-In”, and are appropriately organized, e.g., Single Resources, Resource Teams, Special Response Teams. Ensure arriving resources, and resources that initially responded directly to the incident scene are assigned and deployed to appropriate incident related tactical, investigative, support, supervisory, etc., operations, functions and activities; and / or, are retained at the Staging Area(s) in an “Available” status awaiting assignment. a. Ensure there are adequate reserves maintained. Work collaboratively and coordinate with the Primary Agency(ies), Supporting Agency(ies), Coordinating Agency; and, other appropriate governmental agencies, non-governmental organizations, private entities /individuals. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-05 REVISION NUMBER: PAGE: 08/01/13 a. COMMAND ELEMENT (continued) 12. 4 of 14 The NYC Office of Emergency Management (OEM) is New York City’s Coordinating Agency. OEM may respond to multi-agency incidents and participate in a Unified Command or Single Command incident management organization. b. Do NOT wait for a representative from OEM to arrive on the scene to begin inter-agency coordination. The Command Element must immediately begin coordinating the activities of all of the involved governmental agencies, non-governmental organizations, private entities / individuals, etc. Select an appropriate location and establish the Incident Command Post (ICP). If there is a Unified Command - Command Element, Agency Incident Commanders will jointly select an appropriate location to establish the Incident Command Post. a. Initially, the Incident Command Post will be wherever the Command Element is located. b. The Incident Command Post can be any type of facility that is available and appropriate, e.g., vehicle, trailer, tent, open area, room in a building. The Incident Command Post should be large enough to provide adequate work space for the assigned personnel. The Incident Command Post should contain situation information and resource status displays and other planning related information. c. There is only one single Incident Command Post for an incident irrespective of whether there is a Single Command - Command Element or a Unified Command – Command Element. The Incident Command Post will be identified by the name of the incident. d. Choose a location that is a reasonable and appropriate distance from the incident; and, will provide for safety, health, security and force protection; and, will provide easy and expeditious access and egress; and, is sufficiently large and will allow for expansion; and, will permit continuous operations; and, will provide adequate workspace and utility / communications service. Generally, the Incident Command Post will be located within the Site Access Control / Outer Perimeter. e. Ensure adequate safety, health, security and force protection measures are implemented regarding the Incident Command Post. f. Whenever possible, the Incident Command Post should not be relocated. However, it may be necessary to relocate the Incident Command Post if the incident evolves / progresses and circumstances or conditions change. For example, during the initial stages of an incident the situation may rapidly change and the Incident Command Post may have to be relocated one or more times; or, the Incident Command Post may have to be relocated if an Operations Section Post is activated; or, a change in incident size / location may require relocation of the Incident Command Post in order to improve command, operations, communications, etc.; or, relocation of the Incident Command Post may be required in order to resolve safety, health, security or force protection issues. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-05 REVISION NUMBER: PAGE: 08/01/13 g. COMMAND ELEMENT (continued) 13. 14. 5 of 14 Notify the following of the location and telephone number(s) of the Incident Command Post: (1) Desk Officer, Precinct of occurrence. (2) Patrol Borough Office, Borough of occurrence. (3) Communications Section dispatcher and / or supervisor. (4) Operations Unit. (5) NYPD Emergency Operations Center, if activated. (6) Other appropriate NYPD units and / or personnel. (7) Other appropriate governmental agencies, non-governmental organizations and / or private entities / individuals. h. Request Incident Command Post flag, banner, beacon, sign or other distinctive marker. i. Request Incident Command Post vehicle(s), if required. Manage the incident from the Incident Command Post (ICP). a. The Incident Command Post is the location where the Command Element, i.e., Single Command, Incident Commander or Unified Command, Agency Incident Commanders, will remain and perform the command function. The Incident Command Post provides a central coordination point from which the Command Element, Command Staff, each appropriate Supporting Agency / Agency Representative, Coordinating Agency, General Staff planning functions and certain General Staff support functions will normally operate. b. The Command Element, necessary members of the Command Staff, necessary members of the General Staff, each required Supporting Agency / Agency Representatives and Coordinating Agency, will report to the Incident Command Post as soon as possible; remain together; develop the Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, etc.; and, formulate one single Incident Action Plan. c. Depending upon the nature, size, complexity, location, duration, etc., of the incident, some members of the General Staff and Command Staff may be situated / operating at other locations. However, they will attend planning meetings conducted at the Incident Command Post and will remain in close contact with the Command Element. Establish an appropriate organizational structure and continuously monitor the operation and effectiveness of that organization. In determining how to structure the incident management organization, the Command Element should consider the following: a. Comply with recommended Span of Control principles. b. When necessary, delegate authority and assign personnel to perform one or more incident related tactical and / or support tasks / functions. c. When necessary, delegate authority and assign personnel to the Command Staff positions and / or to General Staff Sections, to manage the performance of the tasks / functions that have been delegated and supervise the personnel to whom the tasks were assigned. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-05 REVISION NUMBER: PAGE: 08/01/13 d. COMMAND ELEMENT (continued) 15. 16. 6 of 14 When determining whether to activate a General Staff Section or Command Staff position, activate and staff only the organizational elements that are necessary to manage the required functions / tasks; (1) If one individual can simultaneously manage all major functions/tasks, no further organization is required. (2) If one or more of the functions/tasks requires independent management, an individual or individuals are assigned to manage those functions/tasks. e. Deactivate organizational elements no longer required. f. The functions / tasks of any non-activated or deactivated subordinate organizational element will be managed by the overhead supervising organizational element. Perform the duties and retain responsibility for the functions of any General Staff Sections and Command Staff positions that are not activated or are deactivated. When appropriate, activate required Command Staff positions i.e., Public Information, Safety, Liaison, other required position(s); and designate qualified personnel as Command Staff “officers”. a. May assign one person to more than one Command Staff position. However, do not combine the functions of different Command Staff positions into a “hybrid” Command Staff position. b. The number of Assistants assigned to a particular Command Staff position will be determined by the respective Command Staff officer after conferring with the Command Element, and will depend upon the nature, size, complexity, location, duration, etc., of the incident. c. Based upon the nature, complexity, location, size, duration, etc., of the incident; and, the specific capabilities, limitations, needs, requirements, etc., of the Command Element, additional Command Staff positions other than the Public Information, Safety, and Liaison positions may be activated; and, qualified personnel may be designated as the additional Command Staff officers, e.g., AttorneyLegal officer, Epidemiologist-Medical officer, Structural EngineerEngineering officer, Chemist-Science officer. d. If there is a Unified Command – Command Element, all of the Agency Incident Commanders will jointly designate the one Public Information officer and the one Liaison officer. However, the Mayor’s Press Office has the authority and may designate the one Public Information officer; and, the NYC Office of Emergency Management (OEM) has the authority and may designate the one Liaison officer. e. When the NYPD is one of the Primary Agencies in a Unified Command – Command Element, if the Liaison officer position and / or the Public Information officer position is activated, absent unusual circumstances, the NYPD Agency Incident Commander should make every effort to have a member of the NYPD designated as the Liaison officer and have a member of the NYPD designated as the Public NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-05 REVISION NUMBER: PAGE: 08/01/13 COMMAND ELEMENT (continued) 17. 7 of 14 Information officer; or if that is not possible, have a member of the NYPD designated as an Assistant to a non NYPD Liaison officer and have a member of the NYPD designated as an Assistant to a non NYPD Public Information officer. f. If there is a Single Command – Command Element, the Incident Commander may designate the one Liaison officer; however, OEM has the authority and may designate the one Liaison officer. g. If there is a Single Command – Command Element, the Incident Commander may designate the one Public Information officer; however, the Mayor’s Press Office has the authority and may designate the one Public Information officer. h. If there is a Unified Command – Command Element, each of the Agency Incident Commanders will designate an Agency Safety officer. However, if all of the Agency Incident Commanders agree, they may jointly designate one Safety officer. i. If there is a Single Command – Command Element at a CBRN / HazMat incident, the NYPD Incident Commander; and FDNY Supporting Agency / Agency Representative; and DEP Supporting Agency / Agency Representative; and DOHMH Supporting Agency / Agency Representative will each designate an Agency Safety officer. However, if the NYPD Incident Commander; and FDNY Supporting Agency / Agency Representative; and DEP Supporting Agency / Agency Representative; and DOHMH Supporting Agency / Agency Representative all agree, they may jointly designate one Safety officer. j. If there is a Single Command – Command Element, except for a CBRN / HazMat incident, the Incident Commander will designate the one Safety officer. When appropriate, activate required General Staff Sections, i.e., Operations, Planning, Logistics, Finance / Administration, Intelligence / Investigations; and, assign qualified personnel as Section “chiefs”. a. May assign one person to be the chief of more than one General Staff Section. However, do not combine the functions of different General Staff Sections into a “hybrid” General Staff Section. b. The number of personnel assigned to a particular General Staff Section will be determined by the respective General Staff Section chief after conferring with the Command Element, and will depend upon the nature, size, complexity, location, duration, etc., of the incident. c. If there is a Single Command – Command Element, the Incident Commander will designate the one Planning Section chief; and, the one Logistics Section chief; and, the one Finance / Administrative Section chief; and, the one Intelligence / Investigations Section chief. d. If there is a Single Command – Command Element, except for a CBRN / HazMat incident, the Incident Commander will designate the one Operations Section chief. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-05 REVISION NUMBER: PAGE: 08/01/13 e. COMMAND ELEMENT (continued) 18. 8 of 14 If there is a Unified Command – Command Element, all of the Agency Incident Commanders will jointly designate one Section chief for each activated General Staff Section with the exception of the Operations Section. When the NYPD is one of the Primary Agencies in a Unified Command – Command Element, absent unusual circumstances, the NYPD Agency Incident Commander should make every effort to have a member of the NYPD designated as the one Section chief for each activated General Staff Section; or if that is not possible, have a member of the NYPD designated as a Deputy to each non NYPD General Staff Section chief. Activate a “Unified Operations Section” when there is a Single Command – Command Element at a CBRN / HazMat incident; or, anytime there is a Unified Command – Command Element. a. If there is a Unified Command – Command Element, the Agency Incident Commanders from each of the Primary Agencies with tactical operations responsibility and a relevant “Core Competency” will each designate an Agency Operations Section chief to direct tactical operations in a Unified Operations Section. However, if all of the Agency Incident Commanders agree, they may jointly designate one Operations Section chief. b. If there is a Single Command – Command Element at a CBRN / HazMat incident, the NYPD Agency Incident Commander; and FDNY Supporting Agency / Agency Representative; and DEP Supporting Agency / Agency Representative; and DOHMH Supporting Agency / Agency Representative will each designate an Agency Operations Section chief to direct tactical operations in a Unified Operations Section. However, if the NYPD Incident Commander; and FDNY Supporting Agency / Agency Representative; and DEP Supporting Agency / Agency Representative; and DOHMH Supporting Agency / Agency Representative all agree, they may jointly designate one Operations Section chief. c. Core Competencies are functional areas of expertise that are implemented at incidents, and relate specifically to tactical operations that are managed / directed by the Operations Section, or the Command Element if the Operations Section has not been activated. Core Competencies have been identified for Agencies with incident management responsibilities identified in the Primary Agency Matrix. Although multiple Agencies may be capable of performing similar tactical operations, CIMS assigns the Core Competency to one single Agency. d. Agencies have the authority to direct tactical operations related to their Core Competencies at incidents. If more than one agency is capable of performing the same tactical operations at an incident, the agency with the Core Competency will give tactical direction, by the ranking officer, to other agencies performing operations within that Core Competency. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-05 COMMAND ELEMENT (continued) REVISION NUMBER: PAGE: 08/01/13 19. 20. 21. 22. 23. 24. 25. 26. 9 of 14 Ensure tactical operations, functions, and activities are expeditiously implemented, properly managed and directed in the appropriate manner: a. If there is a Unified Operations Section, each Agency Operations Section chief will direct the tactical operations involving their Agencies’ Core Competencies. Each Agencies’ Core Competencies are listed in the CIMS Core Competency chart. b. If there is a Single Operations Section, the one Operations Section chief will direct all tactical operations. Ensure tactical assignments are based upon the responding Agencies’ functional capabilities, e.g., resources, expertise, training, experience skills; and, legal / jurisdictional authority, mission and responsibilities. Coordinate and direct the activities of the Command Staff and General Staff. When necessary, implement an appropriate organizational structure, i.e., incident management “Expansion Option,” to manage an extremely complex, severe and extensive incident; or, more than one incident; or, one extremely large incident. Incident Management Expansion Options include: a. Activating an Incident Complex. b. Activating a second Operations Section. c. Activating a second Logistics Section. d. Conducting Operations Section / Branch level tactical planning e. Having the Planning Section conduct advance / long range planning and contingency planning. f. Dividing a single extremely large incident into two or more separate incidents; and, activating a separate Command Element and appropriate incident management organization to resolve each of the separate incidents. When appropriate, coordinate incident management operations and activities with other associated incident management organizations, entities, systems, facilities, etc., i.e., Area Command, Multi-Agency Coordination (MAC) Group, Emergency Operations Center (EOC) and / or Joint Information Center (JIC). Continually monitor/evaluate the incident management organizational structure; and, the performance of the Deputy(ies), General Staff Section “chiefs,” Command Staff “officers,” and as appropriate, other incident management personnel. a. Make appropriate modifications when necessary. Ensure that Command Staff and General Staff understand: a. They may interact and communicate with any position within the incident management organization. b. Absent emergency circumstances, direction may only be given through the established Chain of Command. c. Absent extraordinary circumstances, resource orders / requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. Ensure that appropriate “procedural” and “technological” measures are implemented to ensure effective and efficient integrated inter-agency interoperable communications. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-05 08/01/13 REVISION NUMBER: PAGE: 10 of 14 a. COMMAND ELEMENT (continued) 27. 28. 29. When appropriate, implement the use of Borough / Citywide “repeated” interoperable radio frequencies and / or tactical “point-topoint” interoperable radio frequencies. b. When appropriate and necessary, utilize the NYC Agencies’ Citywide “repeated” interoperable 800 MHz radio frequency. c. Ensure that all incident personnel use clear text for inter-agency communications and communicate using CIMS nomenclature / terminology. d. Ensure all incident personnel observe strict radio and telephone communications discipline and limit communications to essential information. e. When necessary, ensure radio and mobile phone interconnect systems are used to enhance interoperable communications. f. Ensure a Communications Plan is developed and implemented. (1) The Communications Plan will ensure effective, efficient and expeditious inter-agency interoperable communications. (2) The Communications Plan will be a component of the Incident Action Plan. (3) Depending upon the circumstances, the Communications Plan may be written or verbal. Manage Life Safety Operations. a. The immediate # 1 priority. b. Tactical activities taken to preserve and protect public safety including tactical activities: (1) Required to stabilize the incident. (2) Implemented in response to imminent hazards or threats to life. c. Life Safety Operations do not include personnel safety measures. d. Intervene in and / or suspend Life Safety Operations to prevent, stop and / or correct hazardous, unhealthy or unsafe activities, functions and conditions. Manage Site Management Operations. a. Consult with the Primary Agency(ies), Supporting Agency(ies) and Coordinating Agency regarding the implementation of Site Management Operations including the establishment of perimeters and the implementation of Emergency Credentialing operations. Manage Investigative Operations. a. When there is a considerable investigative or intelligence component to the management or resolution of an incident, the Command Element should establish an Intelligence / Investigations Section as part of the General Staff. In unusual situations, when the Intelligence / Investigations function is not a considerable component of the management or resolution of an incident, it may be organized as a Branch or Group within the Operations Section rather than as a separate General Staff Section. In extremely unusual situations when the Intelligence / Investigations function is minimal, it may be organized as a Command Staff position or Planning Section / Situation Unit function. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-05 08/01/13 REVISION NUMBER: PAGE: 11 of 14 b. COMMAND ELEMENT (continued) 30. 31. 32. 33. 34. When appropriate, ensure investigative and intelligence considerations are included in the Incident Objectives, and Investigative Operations are incorporated into the Incident Action Plan. c. When appropriate, ensure that the Primary Agency(ies), Supporting Agency(ies) and Coordinating Agency personnel avoid or minimize interference with Investigative Operations, particularly the processing of Crime Scenes and Investigative Scenes. Manage Recovery / Restoration Operations. a. Recovery / Restoration Operations include final mitigation of the incident and a return to non-emergency conditions. b. The Coordinating Agency will facilitate, coordinate and support Recovery / Restoration Operations. Designate a Deputy or Deputies when necessary. a. The Deputy is the counterpart of the principal. Therefore, the Deputy should have the same qualifications, i.e., knowledge, skills, experience, as the principal; and must be capable of assuming the principal’s position. b. The role of the Deputy is flexible and the Deputy may: (1) Collect incident related information, monitor performance, evaluate incident operations / resources and communicate with the principal, i.e., be the “eyes and ears” of the principal. (2) Make important notifications, e.g., Bureau Chief, Patrol / Detective Borough Commander, Operations Unit, Emergency Operations Center if activated, Area Command if activated. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. c. The Deputy may be a member of a different Agency / Jurisdiction than the principal. For example, the Deputy may be a member of an Agency / Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. d. Designating a Deputy who is a member of a different Agency / Jurisdiction may significantly increase inter-agency coordination and cooperation. Ensure responding Agencies do not allocate, deploy or assign unnecessary or inappropriate resources to the incident; and, ensure required resources respond to the incident scene in a controlled fashion and are deployed in an organized / coordinated manner. Ensure planning meetings are scheduled as needed and are properly managed. Formulate, approve and authorize the implementation of one single Incident Action Plan. The Incident Action Plan may be verbal or written. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-05 08/01/13 REVISION NUMBER: PAGE: 12 of 14 a. COMMAND ELEMENT (continued) 35. 36. 37. 38. 39. 40. Closely monitor and evaluate the implementation of the Incident Action Plan. b. Modify the Incident Action Plan when necessary. Approve requests / orders for additional resources. Approve requests / orders for the release and demobilization of resources from the incident. Authorize release of information to the news media and / or public. a. Determine what recommended health, safety and security related protective measures must be communicated to the public, e.g., evacuate, shelter in place, change clothes, wash. b. When appropriate, disseminate Emergency Public Information to the media and the public. c. If the incident is large, complex, exceedingly newsworthy, involves several Supporting Agencies, etc., release information to the media and the public by conducting a joint-Agency press conference(s). d. When necessary, utilize a Joint Information System and establish and maintain a Joint Information Center that will be staffed by public affairs personnel from all of the Primary Agencies and Supporting Agencies. (1) In extremely unusual circumstances, multiple Joint Information Centers may be established. (2) When appropriate, collaborate with the Office of the Deputy Commissioner, Public Information, the Mayor’s Press Office and OEM, to activate a Joint Information System and establish a Joint Information Center(s). Ensure all appropriate records, forms, logs, reports, etc., regarding incident related operations, functions, conditions, occurrences and activities are properly prepared, filed, maintained, secured, stored, etc. Continually monitor performance, analyze data / information, evaluate operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Make required modifications to the current Incident Action Plan, including Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, etc. b. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. Ensure that the required number and type of Incident Facilities are established at appropriate locations. Locations will be chosen that: a. Are a reasonable and appropriate distance from the incident; b. Provide for adequate safety, health, security and force protection; c. Provide easy and expeditious access and egress; d. Are sufficiently large enough and will allow for expansion; e. Will permit continuous operations; f. Provide adequate work space and utility / communications services. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-05 COMMAND ELEMENT (continued) 08/01/13 41. 42. 43. 44. 45. REVISION NUMBER: PAGE: 13 of 14 Ensure that when “Transfer of Command” occurs, it is performed in an appropriate organized manner. a. There should be a face to face Transfer of Command, if possible. b. The incoming Command Element must obtain a comprehensive briefing from the outgoing Command Element that includes all essential information necessary to ensure effective and efficient management of the incident. c. Information included in the Transfer of Command briefing should be recorded and / or displayed, if possible. d. Identify a specific time for Transfer of Command to occur. When possible, for an on-going incident, Transfer of Command should occur at the start of a new Operational Period. e. Notifications must be made to the Primary Agency(ies); Supporting Agency / Agency Representatives; Coordinating Agency; Command Staff; General Staff; all incident management supervisory personnel; Communications Division dispatcher and / or supervisor; and other appropriate personnel. Ensure compliance with “Span of Control,” “Chain of Command” and “Unity of Command” incident management principles. a. Span of Control: The number of personnel that can be effectively managed by one supervisor; or, the number of subordinate organizational elements that can be effectively managed by one overhead supervising organizational element. (1) The recommended Span of Control should be from 1:3 to 1:7; or, for law enforcement operations from 1:8 to 1:10. b. Unity of Command: Every subordinate has only one designated supervisor, and the subordinate reports to that supervisor. c. Chain of Command: A series of management positions in order of authority; and, a designated line of authority within the personnel ranks and organizational levels of the incident management organization where subordinate personnel ranks / organizational levels report to and receive direction from the overhead supervising personnel ranks / organizational levels. When appropriate, order the demobilization of some or all of the incident resources, operations, organizational elements, facilities, sites and other appropriate incident related functions / activities. When demobilization occurs, comply with appropriate demobilization procedures and, if applicable, the Demobilization Plan. Ensure all required incident related “After – Action” briefings, reports, meetings, critiques and other activities are expeditiously and properly performed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-05 ADDITIONAL DATA REVISION NUMBER: 08/01/13 PAGE: 14 of 14 The Command Element may be structured in one of two ways: 1. Single Command: a. When the CIMS “Primary Agency Matrix” specifies a Single Command - Command Element, the one Primary Agency in the Single Command – Command Element will designate one single Incident Commander. (1) A Primary Agency is defined as the Agency authorized by CIMS to have overall responsibility for an incident, including overall management of strategic and tactical operations. b. The designated Incident Commander has overall incident management responsibility; develops the Incident Objectives; formulates and implements one single Incident Action Plan; manages all operational and support activities; and, approves all requests pertaining to the ordering and release of incident resources. The Incident Commander is responsible for working collaboratively with the Supporting Agency(ies) and Coordinating Agency. 2. Unified Command: a. When the CIMS “Primary Agency Matrix” specifies a Unified Command - Command Element, each of the Primary Agencies in the Unified Command – Command Element will designate an “Agency Incident Commander.” (1) Incidents managed by a Unified Command – Command Element will have more than one Primary Agency called Primary Agencies. b. The Agency Incident Commanders will co-locate and remain at one single Incident Command Post and jointly establish a common set of Incident Objectives, Strategies, Tactical Direction and priorities. They will manage one integrated organizational structure, a joint planning process and a joint resource management process. The Agency Incident Commanders will formulate and implement one single Incident Action Plan that includes an inter-agency integrated Communications Plan. They will jointly execute integrated tactical operations, implement interoperable communications technological and procedural measures when required and maximize the use of assigned resources. The Agency Incident Commanders are responsible for working collaboratively with the Primary Agencies, Coordinating Agency and Supporting Agency(ies). c. When a Unified Command - Command Element is established, all Agency Incident Commanders are at an equal level of authority in the Command Element regardless of their designated Agency rank, i.e., Fire Captain, Police Sergeant, EMS Lieutenant, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-06 CIMS: PUBLIC INFORMATION OFFICER DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To outline the duties of the Public Information officer in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Public Information Officer are: 1. PUBLIC INFORMATION OFFICER 2. 3. 4. 5. Assume the position of Public Information officer as part of the Incident Management Team; and, manage public information activities including: a. Responding to inquiries from media and / or the public. b. Developing incident related information for the media and the public. c. Absent unusual circumstances, acting as the spokesperson for all of the governmental agencies, non-governmental organizations and private entities / individuals involved in incident management activities. Confer with the Command Element in order to: a. Obtain approval prior to releasing information to the media and / or the public. b. Determine any limitations and constraints on the information to be released to the media and /or the public. After obtaining approval from the Command Element, when appropriate, perform the following functions: a. Expeditiously formulate and disseminate unified, consistent, concise, clear, comprehensive and accurate official information to the media and the public. b. Conduct media briefings. c. Distribute written media releases. d. Release Emergency Public Information, public warnings and recommended incident related public health, safety and security protective measures. e. Arrange for tours, interviews of incident personnel and incident related photo / video / television opportunities. f. Establish and supervise an appropriate number of media placement areas that have sufficient space and are appropriately located so as not to interfere with incident management operations, or compromise the confidentiality / security of incident management activities. g. If the incident is large, complex, exceedingly newsworthy, involves several Supporting Agencies, etc., release information to the media and the public by conducting one or more joint – Agency press conferences. Provide advice and support to the Command Element regarding incident related media, public information and public affairs issues. Develop and, after obtaining the required approval, implement media, public information and public affairs related plans, policies, procedures, strategies, programs, operations, activities, functions, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-06 REVISION NUMBER: PAGE: 08/01/13 6. PUBLIC INFORMATION OFFICER (continued) 7. 8. 9. 10. 11. 12. 2 of 4 In situations involving scientific, engineering or other technical incident management procedures, plans, strategies, operations, activities, functions, etc., the Public Information officer may request the Supporting Agency(ies) and / or Primary Agency(ies) with the appropriate technical Core Competency(ies) to provide advice / assistance, and / or to provide the necessary information directly to the media and the public. Identify, control and correct incident related rumors, disinformation, misinformation, inaccurate / incorrect information, conflicting information, etc. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. Monitor the media and forward any useful media information to the Command Element, Planning Section, Intelligence / Investigations function, and any other appropriate General Staff Sections or Command Staff positions. a. Monitor information provided by governmental agencies, nongovernmental organizations and private entities / individuals and forward any useful information to the Command Element, Planning Section, Intelligence / Investigations function, and any other appropriate General Staff Sections or Command Staff positions. Coordinate with the Command Element, Operations Section, Intelligence / Investigations function and other appropriate General Staff Sections and Command Staff positions to ensure that all public information activities are reconciled with and do not compromise intelligence, investigative, support, operational, etc., confidentiality or security. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders / requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. When necessary, utilize a Joint Information System; and if established, closely coordinate, communicate and maintain liaison with the Joint Information Center (JIC), or in extremely unusual circumstances, multiple Joint Information Centers. a. When appropriate, represent the NYPD in the Joint Information Center(s), if established. b. If there is a Single Command – Command Element, the Joint Information Center spokesperson will be designated by the Mayor’s Press Office, and absent unusual circumstances, will be the Public Information officer. c. If there is a Unified Command – Command Element, the Joint Information Center spokesperson will be designated by the Mayor’s Press Office. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-06 REVISION NUMBER: PAGE: 08/01/13 13. PUBLIC INFORMATION OFFICER (continued) 14. 15. 16. 17. 3 of 4 Designate an Assistant or Assistants when necessary after conferring with the Command Element. a. The Assistant is a subordinate to the principal. b. The Assistant does not have to possess the same qualifications, i.e., knowledge, skills, or experience, as the principal. The Assistant may possess a level of technical and non-technical ability that is less than the principal; and, will be given less responsibility than the principal. c. The role of the Assistant is flexible, and the Assistant may: (1) Collect incident related information, monitor performance, evaluate incident operations / resources and communicate with the principal, i.e., be the “eyes and ears” of the principal. (2) Make notifications. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. d. The Assistant may be member of a different Agency / Jurisdiction than the principal. For example, the Assistant may be a member of an Agency / Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. Absent unusual circumstances, establish a work location at or in the vicinity of the Incident Command Post. When identifying an appropriate work location consider the following: a. Remain close to the Incident Command Post to ensure easy and expeditious access to incident information, and to be able to expeditiously confer with the Command Element. b. Generally, there must be an area for media interactions and formal briefings. c. There should be sufficient space for displays and handout material. d. Tours, interviews of incident personnel and incident related photo / video / television opportunities, etc., may have to be arranged. Participate in the planning meetings when appropriate, and assist in the development of the Incident Action Plan. a. Prepare any required public information related plans. b. Ensure that the public information aspects of the Incident Action Plan are properly formulated and implemented. c. Provide advice to the Planning Section regarding the public information aspects of the Demobilization Plan. Prepare and maintain appropriate records, forms, logs, reports, etc., regarding the Public Information officer functions / activities. Continually monitor / evaluate the organization and effectiveness of the Public Information function; and, the performance of the Assistant(s). a. Make appropriate modifications when necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-06 PAGE: 08/01/13 18. PUBLIC INFORMATION OFFICER (continued) ADDITIONAL DATA REVISION NUMBER: 4 of 4 Continually monitor performance, analyze data / information, evaluate incident operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related media and public information issues. b. Recommend to the Command Element, any necessary modifications to the current Incident Action Plan, including media / public information issues, Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, etc. c. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. If there is a Single Command – Command Element, the Incident Commander may designate the one Public Information officer; however, the Mayor’s Press Office has the authority and may designate the one Public Information officer. When the NYPD is the Primary Agency in a Single Command - Command Element, if the Public Information officer position is activated, absent unusual circumstances, the Incident Commander should make every effort to have a member of the NYPD designated as the Public Information officer; or if that is not possible, designated as an Assistant to a non-NYPD Public Information officer. Whenever possible, the Incident Commander should designate a member of service assigned to the Office of the Deputy Commissioner, Public Information to perform the functions of the Public Information officer; or if that is not possible, to perform the functions of an Assistant to a non-NYPD Public Information officer. If there is a Unified Command – Command Element, all of the Agency Incident Commanders will jointly designate the one Public Information officer; however, the Mayor’s Press Office has the authority and may designate the one Public Information officer. When the NYPD is one of the one Primary Agencies in a Unified Command - Command Element, if the Public Information officer position is activated, absent unusual circumstances, the NYPD Agency Incident Commander should make every effort to have a member of the NYPD designated as the Public Information officer; or if that is not possible, designated as an Assistant to a nonNYPD Public Information officer. Whenever possible, the NYPD Agency Incident Commander should designate a member of service assigned to the Office of the Deputy Commissioner, Public Information to perform the functions of the Public Information officer; or if that is not possible, to perform the functions of an Assistant to a non-NYPD Public Information officer. If a Joint Information Center (JIC) is established, or in extremely unusual circumstances multiple Joint Information Centers are established, absent extraordinary circumstances, a member of the NYPD will be assigned to the Joint Information Center(s) to represent the Department. Whenever possible, a member of service assigned to the Office of the Deputy Commissioner, Public Information will be assigned to the Joint Information Center(s). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-07 CIMS: SAFETY OFFICER DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PURPOSE To outline the duties of the Safety Officer in CIMS. SAFETY OFFICER 1. 2. 3. 4. PAGE: 08/01/13 1 of 7 Confer with the Command Element and determine whether there will be one Safety officer; or, two or more Agency Safety officers. a. If there is a Unified Command – Command Element, each of the Agency Incident Commanders may designate an Agency Safety officer. However, if all of the Agency Incident Commanders agree, they may jointly designate one Safety officer. b. If there is a Single Command – Command Element at a CBRN / HazMat incident, the NYPD Incident Commander; and FDNY Supporting Agency / Agency Representative; and DEP Supporting Agency / Agency Representative; and DOHMH Supporting Agency / Agency Representative will each designate an Agency Safety officer. However, if the NYPD Incident Commander; and FDNY Supporting Agency / Agency Representative; and DEP Supporting Agency / Agency Representative; and DOHMH Supporting Agency / Agency Representative all agree, they may jointly designate one Safety officer. c. If there is a Single Command – Command Element, except for a CBRN / HazMat incident, the Incident Commander will designate the one Safety officer. Assume the position of Safety officer or NYPD Agency Safety officer as part of the Incident Management Team. a. The Safety officer function is required by law at a hazardous materials incident. b. If there is a Unified Command – Command Element, assume the position of NYPD Agency Safety officer and work collaboratively with the Agency Safety officer designated by each of the Primary Agencies that have command responsibility in the Unified Command - Command Element. c. If there is a Single Command – Command Element at a CBRN / HazMat incident, assume the position of NYPD Agency Safety officer and work collaboratively with the FDNY Agency Safety officer, the DEP Agency Safety officer and the DOHMH Agency Safety officer. d. If there is a Single Command – Command Element, except for a CBRN / HazMat incident, and the NYPD is the Primary Agency, assume the position as the one Safety officer and work collaboratively with each Supporting Agency / Agency Representative. Perform an Incident Safety Analysis. Provide advice to the Command Element regarding the safety, health, force protection and security of incident personnel. Make recommendations regarding: a. Health hazards, e.g., decaying human remains, unsafe air quality, body fluids, vectors, infectious diseases, polluted water. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-07 SAFETY OFFICER (continued) REVISION NUMBER: PAGE: 08/01/13 b. c. d. e. f. g. h. i. j. k. l. m. n. o. 2 of 7 Physical hazards, e.g., falling debris, explosives, weakened structures, exposed electrical wires, unstable rubble, slippery surfaces, confined spaces. CBRN / HazMat hazards including environmental contamination, incident personnel exposure / contamination, exclusion zones, i.e., hot zone, warm zone, cold zone, contamination control / mitigation measures and decontamination measures. The appropriate type of Personal Protective Equipment (PPE) that should be used by incident personnel, e.g., safety glasses / goggles, splash resistant garments, respiratory protection, chemical protective garments, foot protection, totally encapsulating garments, head impact protection, gloves. Operational hazards involving incident personnel performing functions / activities without the appropriate equipment. Operational hazards involving incident personnel performing functions / activities without the required level of training, experience, knowledge, skills, etc. Operational hazards involving incident personnel not having appropriate procedures, supervision, plans, management, protocols, organization, programs, systems, etc. Operational hazards involving unnecessary or inappropriate resources responding to the incident; and / or, required resources not responding to the incident in a controlled fashion or not being deployed in a coordinated / organized manner. Operational hazards involving current, anticipated or potential environmental conditions, e.g., temperature, precipitation, wind, lightning, darkness. Operational hazards involving incident personnel not having appropriate work schedules and sufficient rest, rehabilitation, relief, leave, etc. Operational hazards involving incident personnel not having appropriate and sufficient food / water, clothing, lodging, supplies, sanitation, heating / cooling systems, lighting, transportation, etc. Operational hazards involving force protection and security. Operational hazards involving a dangerous individual(s), device(s) or situation(s), e.g., sniper, hostage taker, barricaded person, improvised explosive device, armed emotionally disturbed person, CBRN / Hazmat device, vehicle borne improvised explosive device. Operational hazards involving the physical condition of incident personnel, e.g., fatigue, injury, stress, trauma, illness, exhaustion. Operational hazards involving the mental, emotional, behavioral and / or psychological condition of incident personnel, e.g., depression, anxiety, stress, tension, alcohol / substance abuse, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-07 REVISION NUMBER: PAGE: 08/01/13 p. SAFETY OFFICER (continued) 5. 6. 7. 8. 9. 10. 3 of 7 Operational hazards involving incident personnel not receiving appropriate vaccinations, prophylaxis, treatment, medications, counseling and any other appropriate health related support / assistance. q. Operational hazards involving appropriate personnel not receiving required: (1) Pre-incident medical certifications / re-certifications; and / or, (2) Initial base-line medical examinations at the incident; and / or, (3) On-going medical monitoring / surveillance at the incident. r. Other hazards involving health, safety, force protection, security, environmental conditions, incident operations, PPE, training, equipment, procedures / protocols, incident support, etc. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. Ensure there are sufficient health, safety, force protection and security related supplies, equipment and other appropriate resources available when needed. Develop and recommend measures for promoting personnel safety. a. Continually remind all incident executives, managers, supervisors and personnel that they must make safety the # 1 priority. Implement procedures and establish a program / system to ensure the safety of incident personnel; and, to ensure incident operations, functions and activities are safely performed. Implement procedures and establish a program / system to ensure continual identification, monitoring, evaluation and consideration of current, imminent, anticipated and / or potential hazardous, unhealthy or unsafe activities, functions and conditions. Implement a PPE program / system that : a. Ensures incident personnel: (1) Are equipped with appropriate PPE that has been properly fitted; and, (2) Are properly trained and certified / re-certified regarding the PPE that will be utilized; and, (3) Are properly trained and certified / re-certified regarding the operations, functions and activities that will be performed in the PPE; and, (4) If necessary, have received the required pre-incident medical certification / re-certification; and, (5) If necessary, have received the appropriate PPE related initial base-line medical examinations at the incident; and, (6) If necessary, receive the appropriate PPE related on-going medical monitoring / surveillance at the incident. b. Ensures a sufficient quantity of the appropriate type of PPE is available when needed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-07 SAFETY OFFICER (continued) REVISION NUMBER: PAGE: 08/01/13 c. 11. 12. 13. 14. 15. 16. 17. 4 of 7 Ensures PPE is properly maintained, serviced, repaired, decontaminated if necessary, stored, distributed, replaced, etc. Implement a CBRN / HazMat program / system that ensures: a. Appropriate CBRN / HazMat monitoring equipment / instruments are properly utilized, located / relocated, calibrated, maintained, serviced, repaired, safeguarded / secured, replaced when necessary, etc. b. Incident personnel CBRN / HazMat exposure / contamination is monitored, quantified and documented. c. Air, water and soil environmental CBRN / HazMat contamination is monitored and appropriate environmental sampling, analyses and evaluations are performed. d. Air plume dispersion modeling is performed when necessary. e. CBRN / HazMat exclusion zones, i.e., hot, warm, cold zones, are monitored and the boundaries are appropriately adjusted when necessary. f. Required contamination control and mitigation measures are implemented. g. Required decontamination measures are implemented. When necessary, implement a program / system to ensure required initial base-line physical / psychological medical examinations and required ongoing physical / psychological medical monitoring / surveillance is provided at the incident to the appropriate personnel. Evaluate the need for post-incident medical, physical and psychological health monitoring / surveillance, assessment /evaluation, treatment / counseling and assistance / support. Collect, document, format, analyze, evaluate, secure / safeguard and file / store incident related health and safety data / information regarding injuries, illnesses, fatalities, accidents, CBRN /HazMat exposures, etc.; and, properly disseminate the data / information in compliance with applicable confidentiality / security procedures, policies, rules, regulations, statutes, etc., to the appropriate governmental agencies, nongovernmental organizations and private entities / individuals. Monitor incident operations, functions and activities and ensure compliance with the Health and Safety Plan and other relevant health, safety, force protection and security related plans, procedures, statutes, rules, regulations, policies, protocols, etc. Notify the Command Element and, if appropriate, take corrective action when safety, health, force protection or security measures are not being properly implemented. Immediately prevent, stop and / or correct hazardous, unhealthy or unsafe activities, functions and conditions by utilizing the chain of command; and, subsequently notify the Command Element. However, if the life or safety of incident personnel is in imminent danger, exercise emergency authority to directly prevent, stop and / or correct hazardous, unhealthy or unsafe activities, functions and conditions; and, subsequently notify the Command Element. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-07 REVISION NUMBER: PAGE: 08/01/13 a. SAFETY OFFICER (continued) 18. 19. 20. 21. 22. 23. 5 of 7 Intervene in and / or suspend Life Safety Operations or any other incident management operations, functions, activities, etc., to prevent, stop and / or correct hazardous, unhealthy or unsafe activities, functions and conditions; and, subsequently notify the Command Element. Ensure all incident personnel are aware of relevant safety information. a. Formulate and distribute safety messages. b. Conduct periodic safety briefings. c. Perform appropriate safety training including incident / hazard specific safety training. Coordinate, cooperate and collaborate with all of the Agency Safety officer(s), the Operations Section chief(s), the Planning Section chief and other appropriate Command Staff officer(s) and General Staff Section chiefs. Ensure coordination of safety related functions, operations and activities with each Primary Agency, each Supporting Agency, the Coordinating Agency, and all of the involved governmental agencies, nongovernmental organizations and private entities / individuals. Initiate a preliminary investigation regarding any incident related accidents; and / or, potential accidents that were barely avoided, i.e., “near misses”; and / or, any incident related injuries, illnesses, fatalities, CBRN / HazMat exposures, etc. Participate in planning meetings when appropriate, and assist in the development of the Incident Action Plan. a. Ensure that the health, safety, force protection and security aspects of the Incident Action Plan are properly formulated and implemented. b. Review the Incident Action Plan for general and incident / hazard specific and Agency specific health, safety, force protection and security issues, problems, limitations, requirements, constraints, activities, policies, procedures, etc. c. Prepare Health and Safety Plan and Safety Message regarding physical hazards, health / safety issues, environmental conditions, necessary equipment, force protection and security measures, appropriate PPE, operational hazards, required support, etc. d. Review and approve the Medical Plan. e. Provide advice to the Planning Section regarding the health, safety, force protection and security aspects of the Demobilization Plan. f. Closely monitor and evaluate the implementation of the Incident Action Plan. Continually monitor performance, analyze data / information, evaluate incident operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related hazardous, unhealthy and unsafe activities, functions and conditions. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-07 REVISION NUMBER: PAGE: 08/01/13 b. SAFETY OFFICER (continued) 24. 25. 26. 6 of 7 Recommend appropriate modifications to the Incident Action Plan including health, safety, force protection and security issues, Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, etc. c. Identify health, safety, force protection and security related incident management “Best Practices” and “Lessons Learned”; and, incorporate them into the Health and Safety Plan. d. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders / requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. Prepare and maintain appropriate records, forms, logs, reports, etc., regarding the Safety officer functions / activities. Designate an Assistant or Assistants when necessary after conferring with the Command Element. a. Choose an Assistant(s) that has/have the required expertise, education, training, knowledge, experience, and skills to properly identify, assess, prevent, stop, correct, etc., incident /hazard specific, Agency specific and general hazardous, unhealthy or unsafe activities, functions and conditions. b. The Assistant is a subordinate to the principal. c. The Assistant does not have to possess the same qualifications, i.e., knowledge, skills, experience, as the principal. Therefore normally, the Assistant may possess a level of technical and nontechnical ability that is less than the principal; and, will be given less responsibility than the principal. However, the Assistant Safety officer may possess greater qualifications and a greater level of technical and non-technical ability than the principal regarding some or all of the incident / hazard specific, Agency specific and general hazardous, unhealthy or unsafe activities, functions and conditions. Furthermore, the Assistant Safety officer may be given significant responsibility regarding some or all of the incident / hazard specific, Agency specific and general hazardous, unhealthy or unsafe activities, functions and conditions. d. The role of the Assistant is flexible, and the Assistant may: (1) Collect incident related information, monitor performance, evaluate incident operations / resources and communicate with the principal, i.e., be the “eyes and ears” of the principal. (2) Make notifications. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-07 REVISION NUMBER: PAGE: 08/01/13 e. SAFETY OFFICER (continued) 27. 28. 7 of 7 The Assistant may be member of a different Agency / Jurisdiction than the principal. For example, the Assistant may be a member of an Agency / Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. Continually monitor / evaluate the organization and effectiveness of the Safety function; and the performance of the Assistant(s). a. Make appropriate modifications when necessary. Absent unusual circumstances, establish a work location at or in the vicinity of the Incident Command Post. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-08 CIMS: LIAISON OFFICER DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To outline the duties of the Liaison officer in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Liaison officer are: LIAISON OFFICER 1. 2. 3. 4. Assume the position of Liaison officer as part of the Incident Management Team; and, coordinate the activities, functions, operations and actions of involved governmental agencies, non-governmental organizations, and / or private entities / individuals. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. Closely coordinate, communicate and maintain liaison with appropriate involved governmental agencies, non-governmental organizations and / or private entities / individuals. Closely coordinate, communicate and maintain liaison with each Supporting Agency / Agency Representative. a. A Supporting Agency is a governmental agency, non-governmental organization, and / or private entity whose resources are deployed to an incident to support incident operations, and assist the Primary Agency(ies) to successfully resolve the incident. A Supporting Agency is not a part of the Command Element. However, each Supporting Agency retains responsibility for its resources; and, retains its jurisdictional, legal, functional, administrative, etc., authority. b. Each Supporting Agency will designate a “Supporting Agency / Agency Representative.” Each Supporting Agency / Representative has the authority to make decisions, give direction and commit resources on behalf of their Supporting Agency. A Supporting Agency / Agency Representative is not a member of the Command Element. c. There are two types of Supporting Agencies: (1) Assisting Agency: An Agency providing personnel, services or other resources to the Agency with direct responsibility for incident management; and / or, an Agency directly contributing tactical or service resources to another Agency, e.g., NYPD, FDNY, EMS, DSNY, DEP. (2) Cooperating Agency: An Agency that supports the incident management efforts by providing assistance other than tactical resources; and / or, an Agency that supplies assistance other than direct operational or support functions or resources to the incident management efforts, e.g., Salvation Army, American Red Cross. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-08 LIAISON OFFICER (continued) REVISION NUMBER: PAGE: 08/01/13 5. 6. 7. 8. 9. 10. 11. 12. 13. 2 of 4 Act as the “point of contact” for each Supporting Agency / Agency Representative assigned to the incident. a. Generally, in either a Single Command – Command Element or Unified Command – Command Element, the Command Element and incident management organization will not directly interact with the Supporting Agencies’ Supporting Agency / Agency Representative. Instead the Liaison officer will interact directly with and coordinate the activities, functions, operations and actions of each Supporting Agency / Agency Representative regarding the incident management efforts. b. In certain circumstances, the Command Element may choose to: (1) Interact directly with one or more Supporting Agencies’ Supporting Agency / Agency Representative, e.g., an Assisting Agency(ies) with significant resources actively engaged in the efforts to successfully resolve the incident; and, (2) Have the Liaison officer interact directly with the remaining Supporting Agencies’ Supporting Agency / Agency Representative, e.g., Assisting Agency(ies) with few resources assigned to the incident, and / or Cooperating Agency(ies). Provide comprehensive briefing to each Supporting Agency / Agency Representative within a reasonable period of time after the Supporting Agency / Agency Representative initially arrives at the incident. Ensure each Supporting Agency /Agency Representatives is informed regarding current incident situation related information. a. Provide briefings to each Supporting Agency / Agency Representative either periodically, or at specific times when needed, or when directed by the Command Element. Maintain a list of Supporting Agencies and each associated Supporting Agency / Agency Representatives. Coordinate with each Supporting Agency / Agency Representative to ensure each Supporting Agencies’ resources properly Check-In at the appropriate location(s). Confer with each Supporting Agency / Agency Representative to identify any special Supporting Agency specific needs, requirements, limitations, restrictions, etc. Monitor incident operations to identify current, anticipated or potential inter-organizational or inter-agency issues, problems, conflicts, etc. When necessary ensure one or more appropriate Supporting Agencies’ Supporting Agency / Agency Representative attends planning meetings; and, when appropriate, assists in the development and implementation of the Incident Action Plan. Provide each Supporting Agency / Agency Representative with Supporting Agency specific demobilization information, requirements, plans, procedures, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-08 LIAISON OFFICER (continued) REVISION NUMBER: PAGE: 08/01/13 14. 15. 16. 17. 18. 19. 20. 21. 3 of 4 Debrief each Supporting Agency / Agency Representative prior to their departure from the incident. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders / requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. Confer with each Supporting Agency / Agency Representative regarding: a. Current status of the particular Supporting Agencies’ resources, b. Current number, Kind, Type, capabilities, limitations, etc., of the particular Supporting Agencies’ resources, c. Availability of the particular Supporting Agencies’ resources regarding current, anticipated or potential resource requests. Continually monitor / evaluate the organization and effectiveness of the Liaison function; and, the performance of the Assistant(s). a. Make appropriate modifications when necessary. Prepare and maintain appropriate records, forms, logs, reports, etc., regarding the Liaison officer functions / activities. Participate in planning meetings when appropriate, and assist in the development of the Incident Action Plan. a. Ensure that the liaison, inter-agency and Supporting Agency aspects of the Incident Action Plan are properly formulated and implemented. b. Provide advice to the Planning Section regarding the liaison, interagency and Supporting Agency aspects of the Demobilization Plan. Continually monitor performance, analyze data / information, evaluate incident operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related liaison, inter-agency and Supporting Agency issues. b. Recommend to the Command Element, any necessary modifications to the current Incident Action Plan, including Supporting Agency / Agency Representative issues, Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, etc. c. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. Designate an Assistant or Assistants when necessary after conferring with the Command Element. a. The Assistant is a subordinate to the principal. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-08 PAGE: 08/01/13 4 of 4 b. LIAISON OFFICER (continued) 22. ADDITIONAL DATA REVISION NUMBER: The Assistant does not have to possess the same qualifications, i.e., knowledge, skills, experience, as the principal. The Assistant may possess a level of technical and non-technical ability that is less than the principal, and, will be given less responsibility than the principal. c. The role of the Assistant is flexible, and the Assistant may: (1) Collect incident related information, monitor performance, evaluate incident operations / resources and communicate with the principal, i.e., be the “eyes and ears” of the principal. (2) Make notifications. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. d. The Assistant may be a member of a different Agency / Jurisdiction than the principal. For example, the Assistant may be a member of an Agency / Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. Absent unusual circumstances, establish a work location at or in the vicinity of the Incident Command Post. If there is a Single Command – Command Element, the Incident Commander may designate the one Liaison officer; however, OEM has the authority and may designate the one Liaison officer. When the NYPD is the Primary Agency in a Single Command Command Element, if the Liaison officer position is activated, absent unusual circumstances, the Incident Commander should make every effort to have a member of the NYPD designated as the Liaison officer; or if that is not possible, designated as an Assistant to a non-NYPD Liaison officer. If there is a Unified Command – Command Element, all of the Agency Incident Commanders will jointly designate the one Liaison officer; however, OEM has the authority and may designate the one Liaison officer. When the NYPD is one of the Primary Agencies in a Unified Command Command Element, if the Liaison officer position is activated, absent unusual circumstances, the NYPD Agency Incident Commander should make every effort to have a member of the NYPD designated as the Liaison officer; or if that is not possible, designated as an Assistant to a nonNYPD Liaison officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-09 CIMS: OPERATIONS SECTION CHIEF DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 13 PURPOSE To outline the duties of the Operations Section chief in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Operations Section chief are: OPERATIONS SECTION CHIEF 1. 2. Confer with the Command Element and determine whether there will be one Operations Section chief; or, two or more Agency Operations Section chiefs. a. If there is a Unified Command – Command Element, each of the Agency Incident Commanders will designate an Agency Operations Section chief. However, if all of the Agency Incident Commanders agree, they may jointly designate one Operations Section chief. b. If there is a Single Command – Command Element at a CBRN / HazMat incident, the NYPD Incident Commander; and FDNY Supporting Agency / Agency Representative; and DEP Supporting Agency / Agency Representative; and DOHMH Supporting Agency / Agency Representative will each designate an Agency Operations Section chief. However, if the NYPD Incident Commander; and FDNY Supporting Agency / Agency Representative; and DEP Supporting Agency / Agency Representative; and DOHMH Supporting Agency / Agency Representative all agree, they may jointly designate one Operations Section chief. c. If there is a Single Command – Command Element, except for a CBRN / HazMat incident, the Incident Commander will designate the one Operations Section chief. Assume command as the Operations Section chief or NYPD Agency Operations Section chief as part of the Incident Management Team. a. If there is a Unified Command – Command Element, assume command as the NYPD Agency Operations Section chief in a Unified Operations Section and work collaboratively with the Agency Operations Section chief designated by each of the Primary Agencies that have command responsibility in the Unified Command - Command Element. b. If there is a Single Command – Command Element at a CBRN /HazMat incident, assume command as the NYPD Agency Operations Section chief in a Unified Operations Section and work collaboratively with the FDNY Agency Operations Section chief, the DEP Agency Operations Section chief and the DOHMH Agency Operations Section chief. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-09 REVISION NUMBER: PAGE: 08/01/13 c. OPERATIONS SECTION CHIEF (continued) 3. 4. 5. 2 of 13 If there is a Single Command – Command Element, except for a CBRN / HazMat incident, and the NYPD is the Primary Agency, assume command as the one Operations Section chief and work collaboratively with each Supporting Agency / Agency Representative. Select an appropriate location and establish an Operations Section Post. If there is a Unified Operations Section, Agency Operations Section chiefs will jointly select an appropriate location to establish the Operations Section Post. a. The Operations Section Post is the location where the Operations Section chief / Agency Operations Section chiefs, Deputy(ies) and appropriate staff will remain and manage / direct all of the tactical functions, operations and activities. b. The Operations Section Post generally will not be co-located with the Intelligence / Investigations Section Post or the Incident Command Post. The Operations Section Post will be established at a secure location within a reasonable distance from the Intelligence / Investigations Section Post and the Incident Command Post. c. The Operations Section Post can be any type of facility that is available and appropriate, e.g., vehicle, trailer, tent, open area, room in a building. d. Choose a location that is a reasonable and appropriate distance from the incident; and, will provide for safety, health, security and force protection; and, will provide easy and expeditious access and egress; and, is sufficiently large and will allow for expansion; and, will permit continuous operations; and, will provide adequate workspace and utility / communications service. Generally, the Operations Section Post will be located within the Site Access Control / Outer Perimeter. e. If necessary, the Operations Section Post may be relocated. f. Ensure adequate safety, health, security and force protection measures are implemented. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. Direct appropriate tactical operations, functions and activities: a. If there is a Unified Operations Section, each Agency Operations Section chief will direct the tactical operations involving their Agencies’ Core Competencies. Each Agencies’ Core Competencies are listed in the CIMS Core Competency chart. b. If there is a Single Operations Section, the one Operations Section chief will direct all tactical operations. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-09 OPERATIONS SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 6. 7. 8. 9. 10. 11. 12. 13. 3 of 13 Ensure appropriate tactical operations, functions and activities are expeditiously implemented including reduction / elimination of the immediate hazard; saving lives; protecting property; ensuring public safety, controlling / stabilizing incident conditions; implementing site management operations; providing force protection / security regarding incident personnel; mitigating the incident; implementing recovery / restoration operations. Tactical assignments will be based upon the responding Agencies’ functional capabilities, e.g., resources, expertise, training, experience, skills; and, legal / jurisdictional authority, mission and responsibilities. Develop and implement appropriate tactics and tactical operations / activities in order to effectively, efficiently and expeditiously achieve the Incident Objectives. a. Confer with Branch Director(s), Sector Supervisor(s), Group Supervisor(s) and / or Team Leader(s) in order to develop and implement appropriate tactics and tactical operations / activities. b. When appropriate, confer with the Primary Agency(ies), Supporting Agency(ies), Coordinating Agency and / or other appropriate involved governmental agencies, non-governmental organizations, and / or private entities / individuals regarding the tactics and tactical operations / activities. c. When appropriate, the tactics and tactical operations / activities should be capable of being implemented and completed within the designated “Operational Period.” Monitor tactical operations / activities at the incident. a. Evaluate performance and determine whether the tactics and tactical operations / activities are accomplishing the Incident Objectives in an effective, efficient and expeditious manner. b. Make appropriate modifications when necessary. Ensure tactical operations are performed in a safe manner; and, that adequate force protection, security, health and safety measures are implemented. Determine the required number, Kind and Type of resources; and, request the appropriate authority to have the required resources promptly respond to the designated location, i.e., Staging Area(s). After proper “Check-In”, appropriately organize arriving resources and resources that initially responded directly to the incident scene: a. Single Resources, b. Resource Teams, c. Special Response Teams. Assign and deploy arriving resources and resources that initially responded directly to the incident scene to appropriate incident related tactical operations, functions and activities; and / or, retain them at the Staging Area(s) in an Available status awaiting assignment. a. Ensure there are adequate reserves. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-09 OPERATIONS SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 14. 15. 16. 17. 18. 19. 4 of 13 Organize the Operations Section based upon: a. Span of control; and / or b. Geographical boundaries; and / or c. Function; and / or d. Agency Core Competencies / functions; and / or e. Agency / jurisdictional responsibilities / authority. When appropriate, organize the Operations Section in any of the following ways: a. Resources report directly to the Operations Section. b. Resources report to Sectors, and Sectors report to the Operations Section (geographical). c. Resources report to Groups, and Groups report to the Operations Section (functional). d. Resources report to Sectors and Groups; and, Sectors and Groups report to the Operations Section (functional / geographic). e. Sectors and / or Groups report to Branches; and, the Branches report to the Operations Section (Span of Control). f. Functional / Agency Core Competency Branches report to the Operations Section (functional). g. Agency / Jurisdiction Branches report to the Operations Section (Agency / jurisdictional responsibilities). h. Geographic Branches report to the Operations Section (geographical). Manage appropriate tactical resources: a. Deploy existing resources. b. When appropriate, redeploy existing resources. c. Maintain adequate reserves. d. When necessary, request the appropriate authority to order / request additional resources to promptly respond to the designated location, i.e., Staging Area(s). e. Approve release of resources from active tactical assignments, but do not approve release / demobilization from the incident. Continually monitor / evaluate the organizational structure and effectiveness of the Operations Section; and, the performance of the Deputy(ies), Branch Directors, Sector / Group Supervisors, Team Leaders, Managers and assigned personnel. a. Make appropriate modifications when necessary. Maintain close communication with the Command Element. Coordinate actions, maintain close liaison and continually communicate with the Intelligence / Investigations function. a. If an Intelligence / Investigations Section is activated, a member of the Operations Section should be assigned to the Intelligence / Investigations Section Post to act as a liaison; and, a member of the Intelligence / Investigations Section should be assigned to the Operations Section Post to act as a liaison. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-09 REVISION NUMBER: PAGE: 08/01/13 b. OPERATIONS SECTION CHIEF (continued) 20. 21. 22. 23. 24. 5 of 13 Depending upon the significance of the intelligence / investigative component of the incident and after conferral with the Intelligence / Investigations Section chief, the member of the Operations Section assigned to the Intelligence / Investigations Post and the member of the Intelligence / Investigations Section assigned to the Operations Section Post to act as liaisons may be supervisors. Communicate and coordinate actions with the Command Staff, General Staff, Primary Agency(ies), Supporting Agency(ies), Coordinating Agency; and, appropriate governmental agencies, non-governmental organizations and private entities / individuals. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders / requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. Designate a Deputy or Deputies when necessary. a. The Deputy is the counterpart of the principal. Therefore, the Deputy should have the same qualifications, i.e., knowledge, skills, experience, as the principal; and, must be capable of assuming the principal’s position. b. The role of the Deputy is flexible and the Deputy may: (1) Collect incident related information, monitor performance, evaluate incident operations / resources and communicate with the principal, i.e., be the “eyes and ears” of the principal. (2) Make important notifications, e.g., Bureau Chief, Patrol / Detective Borough Commander, Operations Unit, Emergency Operations Center if activated, Area Command if activated. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. c. The Deputy may be member of a different Agency / Jurisdiction than the principal. For example, the Deputy may be a member of an Agency / Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. Participate in planning meetings when appropriate. Assist in the development of the Incident Action Plan. a. Ensure that the tactical aspects of the Incident Action Plan are properly formulated and implemented. b. Provide advice to the Planning Section regarding the tactical aspects of the Demobilization Plan. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-09 OPERATIONS SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 25. 26. 27. 28. 6 of 13 Prepare and maintain appropriate records, forms, logs, reports, etc., regarding the Operations Section functions / activities. Continually monitor performance, analyze data / information, evaluate incident operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related tactical and resource issues. b. Recommend to the Command Element, any necessary modifications to the current Incident Action Plan, including Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, etc. c. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. Manage all law enforcement related operations, functions and activities including summonses, summons processing, arrests, prisoners, arrest verification, prisoner security / safeguarding, prisoner identification, arrest processing, photographing prisoners, prisoner confinement, prisoner transportation, prisoner release / arraignment, etc. Activate and control all Staging Areas. a. A Staging Area is a temporary location / facility for situating and organizing resources that are in Available status and may be deployed to incident assignments. It may contain temporary fueling and sanitation facilities. A Staging Area was formerly referred to as a Mobilization Point. b. Pursuant to CIMS, there may be more than one Staging Area. However, absent unusual circumstances, there should be only one NYPD Staging Area for NYPD resources. Nevertheless, there may be more than one NYPD Staging Area if: (1) Specialized units, personnel, vehicles, equipment or other specialized resources are required at the incident, e.g., Emergency Services Unit, Mounted Unit, Highway District; or, (2) The incident area is extraordinarily large; or, (3) An extremely large number of personnel, vehicles, equipment or other resources are required at the incident; or, (4) A significant amount of large specialized equipment is required at the incident; or, (5) Confidential / sensitive resources are required at the incident; or, (6) There have been several Operational Periods and the incident has not been resolved and incident operations will continue for a prolonged period of time; or, (7) There are other circumstances that require the activation of more than one Staging Area. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-09 OPERATIONS SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 c. d. e. f. g. h. i. j. k. l. m. 7 of 13 Pursuant to CIMS, depending upon the circumstances, different Agencies may have one or more separate Staging Areas; or, different functional / Core Competency Branches may have one or more separate Staging Areas. Resources situated at a Staging Area(s) may be in Available status awaiting a tactical and / or investigative assignment, and should be prepared for assignment / deployment within three minutes. A Staging Area(s) should be used to organize Single Resources into Resource Teams and / or Special Response Teams. Out-of-Service resources should not be situated at a Staging Area(s); and, Logistics functions should not be performed at a Staging Area(s). When necessary, activate a Staging Area(s) for watercraft. If more than one Staging Area is required then ensure an appropriate number of Staging Areas are activated; and, that the activities / functions occurring at each of the Staging Areas are performed in a coordinated manner. A location will be chosen that is a reasonable and appropriate distance from the incident; and, will permit the expeditious deployment of staged resources to the incident and / or area of assignment; and, will provide for safety, health, security and force protection; and, will provide easy and expeditious access and egress; and, will provide adequate work space and utility / communications service; and, will permit continuous operations. The location chosen should be sufficiently large; and, should allow for expansion; and, should accommodate the responding resources and the required reserves; and if possible, should have sufficient space for expansion in order to accommodate a Level 3 or Level 4 mobilization. A Staging Area(s) may be relocated when necessary. A Staging Area(s) may be deactivated when appropriate. Ensure adequate safety, health, security and force protection measures are implemented regarding the Staging Area(s). When it is activated, a Staging Area(s) must be clearly marked and be readily identifiable. A Staging Area(s) will be given a name that describes its general location. A Staging Area(s) may be in the vicinity of or adjacent to other Incident Facilities; but, must have its own separate location and name. The initial boundaries of the Staging Area(s) should be identified and communicated to the Command Element, Communications Section dispatcher and / or supervisor, Command Staff positions, General Staff Sections and each appropriate Supporting Agency / Agency Representative. Additionally, response routes / directions to the Staging Area(s) should be communicated to the responding resources by the Communications Section dispatcher and / or supervisor; or, when necessary, directly by the appropriate incident management organizational element / personnel; or, in any other appropriate manner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-09 OPERATIONS SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 n. o. p. q. r. s. t. 8 of 13 Determine the appropriate number, Kinds and Types of resources that will be situated at the Staging Area(s); and / or, retained / maintained as reserves at the Staging Area(s). Retain / maintain adequate resource reserves at the Staging Area(s), and increase or decrease the reserves when necessary. When necessary, request the appropriate authority to have additional required resources respond to the Staging Area(s) for deployment to incident related assignments, or to maintain adequate reserves, or for any other appropriate purposes. Designate a Staging Area Manager to control each of the Staging Areas. Inform each of the Staging Area Managers of the following: (1) The number, Kinds and Types of resources that will be responding to the Staging Area(s). (2) Communications procedures, devices, channels, equipment, frequencies and measures that will be utilized. (3) Minimum number of resources and specific Kinds and Types of resources that must be retained / maintained as reserves at the Staging Area(s). (4) Directions regarding organizing Single Resources into Resource Teams and / or Special Response Teams. (5) Procedures for requesting / ordering additional resources. (6) Estimated length of time the Staging Area(s) will be activated / utilized. (7) Procedures for requesting / ordering logistics service and support. Ensure that personnel arriving at the Staging Area(s) “Check-In” with the Resources Unit; and, supplies and equipment delivered to the Staging Area(s) are receipted for by the Supply Unit. If the Resources Unit and / or the Supply Unit are not activated, ensure that the Staging Area Manager(s) provides appropriate direction regarding arriving personnel and / or delivered supplies / equipment. Each of the Staging Area Managers will: (1) When appropriate and authorized, organize Single Resources into Resource Teams and / or Special Response Teams. (2) Dispatch resources at the direction of the Operations Section chief, or the Command Element if the Operations Section has not been activated. (3) Request / order Logistics Section service / support as necessary. (4) Monitor and track the number, Kinds, Types and status of resources situated at the Staging Area. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-09 REVISION NUMBER: PAGE: 08/01/13 (5) OPERATIONS SECTION CHIEF (continued) 29. 9 of 13 Notify the Operations Section chief, or the Command Element if the Operations Section has not been activated, when additional resources should be ordered / requested in order to be deployed to incident related assignments, and / or to maintain adequate reserves, and / or for any other appropriate purposes. (6) Ensure that adequate safety, health, security and force protection measures have been implemented regarding the Staging Area. (7) Frequently inform the Operations Section chief, or the Command Element if the Operations Section has not been activated, regarding the activities / functions occurring at the Staging Area so as to enable the Operations Section chief, or the Command Element if the Operations Section has not been activated, to ensure that the activities / functions at each of the Staging Areas are performed in a coordinated manner. Manage and direct tactical and logistical / support air operations and aviation / aircraft resources including helicopter (rotary-wing), airplane (fixed-wing) and blimp (air-ship) aircraft. a. Ensure an appropriate number of Helibases are activated, and that the activities / functions occurring at each Helibase are performed in a coordinated manner, and that a NYPD Helibase Manager is designated to supervise and manage each Helibase. (1) Ensure each Helibase is situated at an appropriate location and is properly managed; (2) Ensure each Helibase Manager is situated and operates on the ground at the Helibase. (3) Ensure adequate safety, health, security, and force protection measures are implemented regarding each Helibase. (4) Absent extraordinary circumstances, only one Helibase will be activated; and it will be situated at the NYPD Special Operations Division, Aviation Unit located at Floyd Bennett Field, Brooklyn. b. Ensure an appropriate number of Helispots are activated, and that the activities / functions occurring at each Helispot are performed in a coordinated manner, and that a NYPD Helispot Manager is designated to supervise and manage each Helispot. (1) Ensure each Helispot is situated at an appropriate location and is properly managed; (a) When appropriate, each Helispot may be deactivated and / or relocated. (2) Absent unusual circumstances, ensure each NYPD Helispot Manager is either a Police Officer or supervisor assigned to the Emergency Services Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-09 REVISION NUMBER: 08/01/13 PAGE: 10 of 13 (a) OPERATIONS SECTION CHIEF (continued) 30. 31. 32. 33. Patrol Services Bureau personnel will be utilized to assist each Emergency Services Unit Helispot Manager. (3) Ensure each Helispot Manager is situated and operates on the ground at the Helispot; (4) Ensure adequate safety, health, security and force protection measures are implemented regarding each Helispot. Coordinate the actions of the aviation / aircraft resources regarding rooftop observers; Field Observers; Weather Observers; ground units; surface and underwater marine units; Primary Agency(ies); Supporting Agency(ies); Coordinating Agency; and other appropriate resources at the incident, and when applicable, at appropriate off incident sites. Implement Site Management Operations by organizing and deploying the appropriate number, Kind and Type of resources, e.g., personnel (uniformed, plainclothes and undercover), vehicles, (marked, unmarked, nondescript), barriers (fixed / moveable), watercraft, aircraft, equipment, etc., to create perimeters, roadblocks / checkpoints, security / guard posts, surveillance / counter surveillance teams, sniper / counter sniper teams, interdiction teams, heavy weapons teams, etc. When implementing Site Management Operations: a. Resources may be organized and deployed as Single Resources, Resource Teams and / or Special Response Teams; and, b. Resources may be organized utilizing Sectors and / or Groups and / or Branches. When appropriate, implement one or more of the following specific types of Site Management Operations: a. Force Protection / Security (1) Prevent intrusive and non-intrusive (“stay behind”) attack(s) directed at incident personnel, e.g., improvised explosive devices, snipers, vehicle borne improvised explosive devices, suicide bombers, CBRN / HazMat devices, etc. (2) Prevent unauthorized individuals from infiltrating into the incident site(s); and, when required, remove unauthorized persons. (3) Prevent individuals from collecting intelligence, performing reconnaissance, conducting surveillance operations, etc., regarding strategic, operational, tactical, investigative, and support incident management plans, procedures, functions and activities. (4) Specifically, provide security, safety and force protection at the Incident Command Post, Operations Section Post, Intelligence / Investigations Section Post, and any other General Staff Section Post(s) that are not co-located with the Incident Command Post. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-09 08/01/13 REVISION NUMBER: PAGE: 11 of 13 (5) OPERATIONS SECTION CHIEF (continued) b. c. d. e. f. Specifically provide security, safety and force protection at all activated Incident Facilities including all Staging Areas, all Helispots, Helibase(s) and any other appropriate types of Incident Facilities; and, if activated, the Incident Base and all Camps. Site Access Control / Outer Perimeter (1) Control vehicular traffic. (a) Stop / divert vehicular traffic. (b) Prevent unauthorized access of vehicles; and, when required, have unauthorized vehicles removed. (c) Provide access / egress to properly identified emergency vehicles; and, other appropriate and necessary properly identified vehicles whose occupants are properly credentialed. (2) Control pedestrian traffic. (a) Stop / divert pedestrian traffic. (b) Prevent unauthorized access of individuals; and, when required, remove unauthorized individuals. (c) Provide access / egress to appropriate and necessary personnel who are properly credentialed. Evacuation / Shelter (1) When appropriate, evacuate individuals from an area, building, structure, watercraft, railcar, bus, mass transit station / stop / facility, or any other applicable structure / location. (2) When appropriate, inform individuals to “shelter in place” or “take shelter” because evacuation would be hazardous. Crowd Control (1) When necessary, disperse and / or control loitering individuals, groups, crowds, etc., i.e., bystanders, onlookers, spectators. (2) When appropriate, disperse and / or control disorderly individuals, groups, crowds, etc. Investigative Perimeter (1) Secure Crime Scene(s) (2) Secure Investigative Scene(s). Inner Perimeter (1) Containment and security area established at one or more locations due to the presence of one or more threats / conditions involving a dangerous individual(s), device(s) and / or situation(s), e.g., sniper, hostage taker, improvised explosive device, barricaded person, CBRN / HazMat device, armed emotionally disturbed person, vehicle borne improvised explosive device. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-09 08/01/13 REVISION NUMBER: PAGE: 12 of 13 (2) OPERATIONS SECTION CHIEF (continued) 34. 35. No one will be permitted to enter the Inner Perimeter (a) Without a protective vest, helmet and other necessary PPE appropriate for the actual or potential threat / condition; and, (b) Without the approval of the 1. NYPD Incident Commander in a Single Command – Command Element, or NYPD Agency Incident Commander in a Unified Command – Command Element; or, 2. NYPD Operations Section chief in a Single Operations Section, or NYPD Agency Operations Section chief in a Unified Operations Section, if there is no NYPD Incident Commander or NYPD Agency Incident Commander; or, 3. NYPD Supporting Agency / Agency Representative if there is no NYPD Incident Commander or NYPD Agency Incident Commander and no NYPD Operations Section chief or NYPD Agency Operations Section chief; g. Safety Perimeter (1) CBRN / Haz-Mat exclusion zones, i.e., hot zone, warm zone, cold zone. (2) Health hazards exclusion zones, e.g., decaying human remains, unsafe air quality, body fluids, vectors, infectious diseases, polluted water, etc. (3) Physical hazards exclusion zones, e.g., falling debris, explosives, weakened structures, exposed electrical wires, unstable rubble, slippery surfaces, confined spaces, etc. h. Property Security Perimeter (1) Secure and protect areas, buildings, premises, structures, personal property, merchandise, vehicles, etc., from theft, vandalism, looting and other loss, damage or destruction. When necessary, request the appropriate mass transit Agency(ies) to: a. Stop mass transit from entering the incident area(s). b. Have mass transit continue to travel through the incident area(s), but avoid one or more designated mass transit stations, stops, facilities, etc. c. Discharge and / or board passengers at one or more designated mass transit stations, stops, facilities, etc., either within the incident area(s) or outside of the incident area(s). d. Reroute mass transit to avoid entering the incident area(s). When necessary, request the appropriate Agency(ies) to stop all vehicular / pedestrian traffic from entering one or more designated bridges and / or tunnels. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-09 OPERATIONS SECTION CHIEF (continued) 08/01/13 36. 37. 38. REVISION NUMBER: PAGE: 13 of 13 When appropriate, request the Operations Unit, or if activated, the NYPD Emergency Operations Center, to have Transportation Bureau resources, other appropriate Department resources, and / or resources from any appropriate governmental agencies, non-governmental organizations and private entities / individuals deployed outside of the Site Access Control / Outer Perimeter in order to: a. Direct traffic away from the incident area(s); and, prevent and / or minimize traffic congestion that may be caused by the incident. b. Establish access and egress routes for emergency personnel, vehicles, equipment, etc., responding to or leaving from the incident area(s). c. When necessary, provide an escort and establish, post, staff, safeguard, secure, etc., appropriate routes to and / or from the incident area(s) to one or more designated areas and / or facilities located at an off incident site(s), e.g., airport, Police Laboratory, Bomb Squad Explosives Disposal facility, NYC Department of Health and Mental Hygiene Public Health Laboratory, military base. Implement Emergency Credentialing / Site Access Control procedures and operations after consultation with the Primary Agency(ies) and OEM. Implement the Corporate Emergency Access System (CEAS) when directed by the Mayor. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-10 CIMS: PLANNING SECTION CHIEF DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 9 PURPOSE To outline the duties of the Planning Section chief in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Planning Section chief are: PLANNING SECTION CHIEF 1. 2. 3. 4. 5. 6. Assume command as the Planning Section chief as part of the Incident Management Team; and, manage strategic, operational and tactical planning activities. When applicable, evaluate the current Incident Action Plan, and if necessary, recommend to the Command Element any required modifications. Determine whether the planning process is adequate for the current Operational Period and the subsequent Operational Period(s), and if necessary, implement any required modifications. To ensure that the required resources and support will be available, and the Incident Action Plan is completed and disseminated / distributed at an appropriate time prior to the start of each subsequent Operational Period, establish a Planning Cycle; and, develop a Planning Schedule / Sequence; and, commence the planning process for each subsequent Operational Period at an appropriate time. a. The Planning Cycle and /or Planning Schedule / Sequence may change as the incident / event progresses and evolves; and, the length of the current Operational Period and the next subsequent Operational Period(s) change Confer with the Command Element, General Staff, Command Staff, each appropriate Supporting Agency / Agency Representative, Coordinating Agency and appropriate governmental agencies, non-governmental organizations and private entities / individuals regarding relevant planning activities and the preparation of the Incident Action Plan for each Operational Period. Conduct, facilitate and direct planning meetings. a. Identify appropriate planning meeting attendees in consultation with the Command Element. b. Ensure maps, charts, matrices, photos / images, timelines, spreadsheets and other planning aids and tools are available. c. Ensure briefing is provided regarding current: (1) Incident situation, conditions and occurrences; (2) Operational activity, i.e., Life Safety, Site Management, Investigations, Recovery / Restoration; (3) Resources and support; (4) Environmental conditions; (5) Appropriate intelligence / information / data. d. Ensure that threat and risk assessment information is provided. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-10 REVISION NUMBER: PAGE: 08/01/13 e. f. PLANNING SECTION CHIEF (continued) 7. 8. 9. 2 of 9 Ensure resource and support needs / requirements are provided. Ensure all relevant policy, legal, administrative, fiscal, jurisdictional constraints and limitations are provided. g. Provide estimates / forecasts regarding future incident related conditions / occurrences; future incident related issues / problems; the development / evolution of the incident; the effects of incident management operations; incident potential; environmental conditions; etc. h. Assist in the formulation of the Incident Objectives, Strategies, Tactical Direction, tactics and assignments. i. Assist in determining the required resources and support. j. Assist in identifying priorities. k. Develop contingency / alternative Strategies and Tactical Direction. l. Assist in determining appropriate locations to situate Incident Facilities. m. Prepare and maintain the Planning Matrix. n. Plot all appropriate information on a map(s) of the incident area(s), e.g., Sector / Group / Branch boundaries and assignments, Incident Facilities, Site Management Operations perimeters, emergency egress/ access routes. o. Provide information regarding inter-agency interoperable communications procedural and technological measures. When necessary, develop contingency and alternative plans. When appropriate, conduct long range planning beyond the next several subsequent Operational Periods. Supervise preparation of the Incident Action Plan for each Operational Period. a. The Incident Action Plan may be verbal or written. (1) The Incident Action Plan must be written if there: (a) Is a Unified Command – Command Element; or, (b) Will be more than one Operational Period. b. The length of an Operational Period is determined by the length of time needed to achieve the Incident Objectives; and, may change as the incident develops, progresses and evolves. c. Ensure that the Incident Action Plan: (1) Adequately addresses the mission, jurisdiction, policies, constraints, responsibilities, etc., of each of the Primary Agencies that are a part of the Unified Command Command Element; and, (2) Provides adequate coordination between the Primary Agency(ies), Supporting Agency(ies), Coordinating Agency and other appropriate governmental agencies, nongovernmental organizations and private entities / individuals. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-10 REVISION NUMBER: PAGE: 08/01/13 d. PLANNING SECTION CHIEF (continued) 10. 11. 12. 3 of 9 Ensure that the Incident Action Plan includes: (1) Statement of Incident Objectives. (a) When appropriate describe Strategies and Tactical direction. (2) Organization (a) Incident management organizational elements, i.e., Organizational Chart, and (b) Identities of the specific management and supervisory personnel. (3) Tactics, assignments, resources, reserves and support; and required resources / support. (4) Map(s) and Supporting Plans and Supporting Material / Attachments (a) Map(s) of the appropriate area(s). (b) Supporting Plans, e.g., Medical Plan, Health and Safety Plan, Communications Plan, Traffic Plan, Intelligence / Investigations Plan, Logistics Plan, Prisoner Processing Plan, Air Operations Plan. (c) Supporting Material, e.g., risk assessments, threats, medical surveillance information, structural design information, geological data, meteorological data, utilities design / operations data, public works design / operations data, criminal intelligence, geospatial data and, when appropriate, unclassified intelligence community information. (d) Supporting Attachments, e.g., additional maps, spreadsheets, charts, photos / images, timelines, matrices. (e) Ensure that the Incident Action Plan incorporates applicable incident management “Best Practices” and “Lessons Learned.” Have the approved Incident Action Plan prepared and reproduced for each Operational Period. Prior to the start of each Operational Period, disseminate and / or distribute the Incident Action Plan for each Operational Period to all supervisors and other appropriate personnel in the appropriate manner, i.e., verbal briefings and / or distribution of a written document. Continually monitor performance, analyze data / information, evaluate incident operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related planning, current situation, resource Check-In / status, information collection / dissemination, documentation, demobilization and Technical Specialist issues. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-10 REVISION NUMBER: PAGE: 08/01/13 b. PLANNING SECTION CHIEF (continued) 13. 14. 15. 16. 17. 4 of 9 Recommend to the Command Element any necessary modifications to the current Incident Action Plan, including Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, planning activities, documentation, demobilization, information collection / dissemination, etc. c. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. Continually monitor / evaluate the organizational structure and effectiveness of the Planning Section; and, the performance of the Deputy(ies), Unit Leaders and assigned personnel. a. Make appropriate modifications when necessary. Select an appropriate location to establish the Planning Section. a. Absent unusual circumstances, the Planning Section will be located at the Incident Command Post. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. Designate a Deputy or Deputies when necessary. a. The Deputy is the counterpart of the principal. Therefore, the Deputy should have the same qualifications, i.e., knowledge, skills, experience as the principal; and, must be capable of assuming the principal’s position. b. The role of the Deputy is flexible and the Deputy may: (1) Collect incident related information, monitor performance, evaluate incident operations / resources and communicate with the principal, i.e., be the “eyes and ears” of the principal. (2) Make important notifications, e.g., Bureau Chief, Patrol / Detective Borough Commander, Operations Unit, Emergency Operations Center if activated, Area Command if activated. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. c. The Deputy may be a member of a different Agency / Jurisdiction than the principal. For example, the Deputy may be a member of an Agency / Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. Manage the “Check-In” of all resources including arriving resources and resources that initially responded directly to the incident scene. a. Assign “Check-In Recorders” to all locations and / or facilities where resources may Check-In: NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-10 REVISION NUMBER: PAGE: 08/01/13 (1) (2) (3) PLANNING SECTION CHIEF (continued) 18. 19. 20. 21. 22. 5 of 9 Staging Area(s) Incident Command Post When applicable, Intelligence / Investigations Section Post. When applicable, investigative resources will Check-In at the Intelligence / Investigations Section Post. (4) Helibase(s). Absent extraordinary circumstances, Check-In will not occur at a Helibase(s). (5) Incident Base. Absent extraordinary circumstances an Incident Base will not be activated in NYC. (6) Camp(s). Absent extraordinary circumstances a Camp(s) will not be activated in NYC. b. Pursuant to CIMS, absent extraordinary circumstances, resources must formally Check-In before reporting to the Operations Section or Sectors or Groups or Branches for assignment. c. Ensure resources that Check-In are properly recorded on DETAIL ROSTER / ASSIGNMENT SHEETS (PD406-141) or other appropriate Check –In forms, logs, records, etc. d. Efforts should be made to electronically record / document resources that Check-In. e. Determine the frequency and implement a schedule for the Check-In Recorders to provide / report Check-In information to the appropriate incident management organizational element / personnel. Collect, process, organize, analyze, evaluate, document, monitor, prepare summaries, display and disseminate resource related information / data including the number, Type and Kind of Assigned, Available, Out of Service, requested, allocated, responding, required, etc., resources. Implement a conventional, analog or digital system to document, monitor and track the current location, status, quantity, Kind, Type, assignment, etc., of all resources. Maintain conventional, analog or digital records, documents and files, indicating the location, status, quantity, Kind, Type, assignment, etc., of all resources. a. Maintain a “master list” of all resources. Determine the current and estimate / forecast future needs and requirements regarding routine and specialized resources. Identify and collect required current situation information including information involving the condition / progress of the incident, incident operations and environmental conditions. a. Utilize Field Observers, Weather Observers, Intelligence / Investigations Liaison, Technical Specialists, and any other appropriate incident personnel or personnel located at off incident sites. b. Maintain close liaison with the Public Information officer. c. Maintain close liaison with other Command Staff positions and General Staff Sections. d. Utilize appropriate technical methods / techniques. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-10 PLANNING SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 e. 23. 24. 25. 26. 27. 6 of 9 Utilize any other appropriate incident resources or resources located at off incident sites. Process, organize, analyze, evaluate, document, monitor, prepare summaries, display and disseminate all current situation information. Identify and collect from various sources required routine and specialized information, intelligence and data, including risk assessments, threats, medical surveillance information, structural design information, geological data, meteorological data, utilities design / operations data, public works design / operations data, criminal intelligence, geospatial data and, when appropriate, intelligence community information. a. Maintain close liaison with the Intelligence / Investigations function irrespective of whether it is organized as a Section, Branch, Group or Command Staff position. b. Utilize Field Observers, Weather Observers, Intelligence / Investigations Liaison, Technical Specialists, and any other appropriate incident personnel or personnel located at off incident sites. c. Maintain close liaison with the Public Information officer. d. Maintain close liaison with other Command Staff positions and General Staff Sections. e. Utilize appropriate technical methods / techniques. f. Utilize any other appropriate incident resources or resources located at off incident sites. Process, organize, analyze, evaluate, document, monitor, prepare summaries, display and disseminate appropriate incident related information, intelligence and data. Coordinate with the Operations Section, the Intelligence / Investigations function and other appropriate General Staff Sections and Command Staff positions to ensure that all planning activities are reconciled with and do not compromise intelligence, investigative, support, operational, etc., confidentiality or security. Implement procedures, plans, activities, etc., to ensure: a. Classified information is (1) Appropriately transmitted, received, documented, recorded, safeguarded, filed, maintained, secured, stored, etc.; and, (2) Communicated to and received by personnel specifically selected by the Command Element who have the appropriate “clearance level” / “access”, i.e., Top Secret, Secret, SCI, and authorization, i.e., “need to know”. b. Information that is restricted unclassified information, e.g., Law Enforcement Sensitive (LES), Official Use Only (OUO), Sensitive But Unclassified (SBU), personal, originator controlled, export controlled, personnel related, proprietary, etc., is NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-10 REVISION NUMBER: PAGE: 08/01/13 (1) PLANNING SECTION CHIEF (continued) 28. 29. 30. 31. 32. 33. 34. 35. 7 of 9 Appropriately transmitted, received, documented, recorded, safeguarded, filed, maintained, secured, stored, etc; and, (2) Communicated to and received by appropriate authorized personnel. Confer with the Command Element and, when appropriate, the Intelligence / Investigations function, regarding the development, implementation and management of intelligence / information / data security and operational security procedures, plans, activities, etc. Report any significant changes in the current incident situation, or the incident progress, development and evolution. Maintain records / documents and prepare analyses, evaluations, summaries and displays concerning estimates / forecasts regarding future incident related conditions / occurrences; future incident related issues / problems; the development / evolution of the incident; the effects of incident management operations; incident potential; environmental conditions; etc. Provide duplication services for incident personnel. Ensure required incident related records / documents are prepared and the incident and all appropriate incident related activity is properly documented utilizing appropriate conventional, analog and digital techniques / methods. a. Prepare and maintain required conventional, analog and digital incident related documents, reports, forms, logs, records, files, etc. b. Maintain records / documents regarding the major steps taken to resolve the incident. Ensure that conventional, analog and digital incident records / documents are properly prepared, maintained, safeguarded, filed, secured, stored, etc., for analytical, historical, legal and other appropriate purposes. Maintain Incident Command Post Log containing: a. Summary of personnel deployment. b. Chronological listing of significant occurrences, conditions, operations, activities, etc. c. Chronological listing of essential information, e.g., crimes, arrests, injuries, fatalities. d. Results of periodic survey of incident area(s). e. Transfer(s) of Command. f. Information regarding the significant operations, actions, decisions, activities, etc., taken to resolve the incident. g. Other appropriate information / data. Maintain maps, status boards, spreadsheets, matrices, charts, photos / images, timelines and other appropriate displays / visual aids regarding: a. Sector boundaries and Group deployments. b. Current resource deployments and estimated / forecasted future deployments. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-10 REVISION NUMBER: PAGE: 08/01/13 c. PLANNING SECTION CHIEF (continued) 36. 37. 8 of 9 Locations of Incident Facilities, i.e., Incident Command Post, Operations Section Post, Intelligence / Investigations Post, Staging Area(s), Helispots, etc. d. Locations of past, current and estimated / forecasted future major incidents / events, e.g., disorderly groups, building collapses, fires, power outages. e. Perimeters implemented as part of Site Management Operations. f. Critical infrastructure, hazardous locations, sensitive locations and other appropriate areas / facilities. g. Appropriate emergency access / egress, evacuation, traffic, etc., routes. h. If applicable, appropriate mass transportation stations, terminals, routes, facilities, etc. i. CBRN / HazMat exclusion zones, if applicable. j. Current resources and estimated / forecasted future resource needs. k. Any other relevant or necessary information that could be better understood or analyzed if it was visually displayed. Supervise preparation of the Demobilization Plan. a. Ensure Demobilization planning commences at an appropriate time during the incident. b. Recommend Demobilization release priorities to the Command Element for approval based upon continuing resource / support needs and requirements both at the incident, and when applicable, at appropriate off incident sites. c. Include specific instructions for all personnel and resources that will be demobilized. d. Ensure the Demobilization Plan is expeditiously disseminated / distributed in the appropriate manner at the incident, and when applicable, at appropriate off incident sites. Manage the utilization, assignment and deployment of Technical Specialists, e.g., meteorologist, chemist, engineer, computer technician, epidemiologist, accountant, attorney, veterinarian, toxicologist, biologist, criminalist, physicist, medical doctor, etc. a. Technical Specialists may: (1) Report directly to the Planning Section chief; (2) Report to any activated Unit / function within the Planning Section; (3) Be assigned to a separate specific Technical Specialists Unit within the Planning Section; (4) Be assigned to one or more General Staff Sections; (5) Be assigned to one or more Command Staff positions as an Assistant(s); (6) Be designated as one or more additional separate Command Staff officers. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-10 `PLANNING SECTION CHIEF (continued) PAGE: 08/01/13 38. 39. 40. 41. FORMS AND REPORTS REVISION NUMBER: 9 of 9 Determine whether to activate or deactivate a Unit within the Planning Section. If a Unit is not activated or is deactivated, the Planning Section chief is responsible for performing / managing that Unit’s functions. a. The number of personnel assigned to a particular Unit will be determined by the Planning Section chief after conferring with the Command Element, and will depend upon the nature, size, complexity, location, duration, etc., of the incident. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders / requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. Prepare and maintain appropriate records, forms, logs, reports, etc., regarding the Planning Section functions / activities. When necessary, activate or deactivate any of the following Units: a. Resources Unit b. Situation Unit c. Documentation Unit d. Demobilization Unit. DETAIL ROSTER / ASSIGNMENT SHEETS (PD406-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-11 CIMS: LOGISTICS SECTION CHIEF DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 9 PURPOSE To outline the duties of the Logistics Section chief in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Logistics Section chief are: LOGISTICS SECTION CHIEF 1. 2. 3. Assume command as the Logistics Section chief as part of the Incident Management Team; and, with the exception of logistics / support air operations and aviation / aircraft resources, manage all logistics service and support functions at the incident, and when applicable, at appropriate off incident sites. Determine whether to activate or deactivate a Unit within the Logistics Section. If a Unit is not activated or is deactivated, the Logistics Section chief is responsible for performing / managing that Unit’s functions. The number of personnel assigned to a particular Unit will be determined by the Logistics Section chief after conferring with the Command Element, and will depend upon the nature, size, complexity, location, duration, etc., of the incident. Ensure logistics “Service” functions are properly performed. a. Communications (1) Manage all incident related communications functions and activities, i.e., voice / audio, data, image, text. (2) Engage in communications planning functions / activities; and, prepare the Communications Plan. The Communications Plan may be verbal or written. (3) When necessary, activate, operate and supervise the Incident Communications Center. (4) Request / order, obtain, receive, document, process, provide, record, install, test, distribute, maintain, service, safeguard, repair, replace, secure, store, recover, etc., analog and digital, and mobile / wireless and wire / landline, communications devices, equipment, systems and networks, i.e., voice / audio, data, image, text, including radios; landline telephones; wireless cellular and push-to-talk telephones; desk top, lap top and handheld digital computer communications hardware, software, peripherals, accessories, etc.; public address devices / systems; bullhorns; facsimile devices; pagers; mobile digital terminals; blackberries; pocket digital assistants; etc. (5) Identify and provide necessary NYPD Borough / Citywide “repeated” radio frequencies and / or tactical “point-to-point” radio frequencies for operational, command, tactical, investigative, support, aviation, etc., communications; and, provide any other additional required NYPD radio frequencies. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-11 PAGE: 08/01/13 (6) LOGISTICS SECTION CHIEF (continued) (7) (8) (9) NOTE REVISION NUMBER: 2 of 9 Provide inter-agency interoperable communications procedural and technological measures; and when appropriate, provide Borough / Citywide “repeated” interoperable radio frequencies, and / or tactical “point-to-point” interoperable radio frequencies. When appropriate and necessary, provide the NYC Agencies’ Citywide “repeated” interoperable 800 MHz radio frequency. When appropriate, provide radio / mobile phone interconnect systems at incidents requiring additional support to ensure interoperable / shared communications. Provide all required communication links to appropriate off incident sites. Logistics Section Chief may have to work with other agencies communications. b. Medical (1) Generally not activated in NYC. However, a Medical Unit may be activated during a large incident that will continue for a significant period of time, or for a CBRN / HazMat incident. (2) Responsible for all medical service / support involving incident personnel at the incident, and when applicable, at appropriate off incident sites including providing medical care / treatment; vaccinations; prophylaxis; medical information; appropriate decontamination measures / treatment; emergency medical care / treatment; emergency and non-emergency transportation to appropriate medical facilities; mental, psychological, emotional and behavioral health services; privacy / security for hospitalized incident personnel; occupational health services; vector control / mitigation measures; assistance regarding personal and mortuary affairs for deceased incident personnel; required initial base-line physical / psychological medical examinations at the incident; required on-going physical / psychological medical monitoring / surveillance at the incident, etc. (3) Ensure that the condition, location, treatment, prognosis, etc., of sick / injured incident personnel are monitored, documented, evaluated and tracked as they move from point of origin, to one or more care facilities and to the final destination / disposition. (4) Collect, document, format, analyze, evaluate, secure / safeguard and file / store incident related health and safety data / information regarding injuries, illnesses, fatalities, accidents, CBRN /HazMat exposures, etc.; and, properly disseminate the data / information in compliance with applicable confidentiality / security procedures, policies, rules, regulations, statutes, etc., to the appropriate governmental agencies, non-governmental organizations and private entities / individuals. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-11 REVISION NUMBER: PAGE: 08/01/13 (5) LOGISTICS SECTION CHIEF (continued) (6) 3 of 9 Ensure post-incident medical physical and psychological health monitoring / surveillance, assessment /evaluation, treatment / counseling and assistance / support is provided when necessary. Prepare the Medical Plan including ground / air emergency medical transportation; countermeasures regarding actual / potential hazardous, unhealthy and unsafe activities and conditions; medical assistance capabilities at the incident and at appropriate off incident sites; and procedures, treatment / care and resources required to resolve emergency and nonemergency medical problems. c. 4. Food (1) Generally not activated in NYC. However, a Food Unit may be activated during an extremely large incident that will continue for a significant period of time. (2) Responsible for all food and water service / support involving incident personnel at the incident, and when applicable, at appropriate off incident sites including determining required routine and specialized food / water resources, service and support; planning menus; cooking / serving food; dispensing water; maintaining food / water service areas; ensuring food / water safety, health and security measures are implemented; etc. (3) Manage, control and coordinate the activities, functions and efforts of the General Staff, Command Staff, Primary Agency(ies), Supporting Agency(ies), Coordinating Agency; and, appropriate governmental agencies, non-governmental organizations and private entities / individuals regarding providing food and water resources, service and support to incident personnel at the incident, and when applicable, at appropriate off incident sites. Ensure logistics “Support” functions are properly performed. a. Supply (1) Request / order personnel resources. When applicable, personnel resources will be ordered from appropriate off incident sites. (2) Except for aviation / aircraft resources, request / order, obtain, receive, document, process, provide, distribute, record, safeguard, store, secure, replace, recover, etc., incident related expendable and non-expendable tactical and support nonpersonnel resources including tools, supplies, vehicles, watercraft and equipment. When applicable, non-personnel resources will be ordered from appropriate off incident sites. (3) Except for mobile ground equipment, vehicles and aviation / aircraft resources, maintain, service, fuel and repair incident related expendable and non-expendable tactical and support nonpersonnel resources including tools, supplies, watercraft and equipment. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-11 LOGISTICS SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 b. c. 4 of 9 Ground Support (1) Maintain, safeguard, store, secure, service, repair and fuel all mobile ground equipment and vehicles. (2) Prepare required documentation and records regarding appropriate mobile ground equipment and vehicles at the incident, and when applicable, at appropriate off incident sites. (3) Provide ground transportation for personnel, supplies, and equipment. When appropriate, maintain a transportation pool consisting of vehicles suitable for transporting personnel, e.g., cars, vans, buses. (4) Record “usage time”, and prepare required maintenance, service and repair records and any other required documentation / records regarding appropriate mobile ground equipment and vehicles at the incident, and when applicable, at appropriate off incident sites. (5) When necessary, develop and implement the Traffic Plan. Facilities (1) Activate, maintain and demobilize Incident Facilities except the Helibase(s); Helispot(s); and incident management related airplane, blimp and other aviation / aircraft resource air field(s) not located at a conventional airport. Incident Facilities include: (a) Incident Command Post. (b) Staging Area(s). (c) Operations Section Post. (d) Intelligence / Investigations Section Post. (e) Incident Base. Absent extraordinary circumstances an Incident Base will not be activated in NYC. However, an Incident Base might be activated during an extremely large incident that will continue for an extended period of time. (f) Camp(s). Absent extraordinary circumstances a Camp(s) will not be activated in New York City. However, a Camp(s) might be activated during an extremely large incident that that will require incident personnel to be lodged for an extended period of time in the vicinity of the incident. (g) Any other facilities situated at the incident, and when applicable, at appropriate off incident sites that will be used for providing food / water, lodging, shower, sanitation, etc., services to incident personnel; NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-11 REVISION NUMBER: PAGE: 08/01/13 5 of 9 (h) LOGISTICS SECTION CHIEF (continued) 5. 6. 7. 8. Any other facilities situated at the incident, and when applicable, at appropriate off incident sites that will be used for conducting appropriate support and / or service functions and activities, e.g., Mass Care (Triage / Treatment / Transportation), Mass Casualty Management, Mass Fatality Management / Temporary Morgue, Mass Decontamination, Family Assistance. (2) When appropriate, existing structures in the vicinity of the incident may be used either partially or entirely as Incident Facilities. When necessary, activate or deactivate any of the following Service Units: a. Communications Unit b. Medical Unit c. Food Unit. When necessary, activate or deactivate any of the following Support Units: a. Supply Unit b. Ground Support Unit c. Facilities Unit. When necessary, activate a Support Branch to manage Support Units and / or a Service Branch to manage Service Units at the incident, and when applicable, at appropriate off incident sites. a. Assign Branch Directors. Communicate and coordinate with the NYPD Special Operations Division, Aviation Unit regarding logistics / support air operations and aviation / aircraft resources. a. In NYC, pursuant to CIMS, logistics / support air operations and aviation / aircraft resources are managed and controlled by a NYPD Air Operations Branch Director if an Air Operations Branch has been activated. If an Air Operations Branch has not been activated or there is no NYPD Air Operations Branch Director, than logistics / support air operations and aviation / aircraft resources will be managed and controlled by the: (1) NYPD Operations Section chief in a Single Operations Section, or NYPD Agency Operations Section chief in a Unified Operations Section, if the Operations Section has been activated; or, (2) NYPD Incident Commander in a Single Command – Command Element, or NYPD Agency Incident Commander in a Unified Command – Command Element, if the Operations Section has not been activated; or, (3) NYPD Supporting Agency / Agency Representative if there is no NYPD Incident Commander or NYPD Agency Incident Commander; and, no NYPD Operations Section chief or NYPD Agency Operations Section chief. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-11 REVISION NUMBER: PAGE: 08/01/13 b. LOGISTICS SECTION CHIEF (continued) 9. 10. 11. 12. 13. 14. 15. 6 of 9 Outside of NYC, logistics / support air operations and aviation / aircraft resources are managed and controlled by the: (1) Air Support Group Supervisor if an Air Support is activated; or, (2) Air Operations Branch Director if the Air Support Group is not activated but an Air Operations Branch is activated; or, (3) Operations Section chief if the Air Operations Branch is not activated. Participate in planning meetings when appropriate. Assist in the development of the Incident Action Plan. a. When necessary, prepare the Communications Plan, Medical Plan, Traffic Plan and any other required logistics service / support related plans. b. Ensure that the logistic service and support aspects of the Incident Action Plan are properly formulated and implemented. c. Provide advice to the Planning Section regarding the logistic service and support aspects of the Demobilization Plan. Continually monitor performance, analyze data / information, evaluate incident operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related logistics service and support issues. b. Recommend to the Command Element any necessary modifications to the current Incident Action Plan, including Incident Objectives, Strategy, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, logistics service / support activities, communications, etc. c. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. Continually monitor / evaluate the organizational structure and effectiveness of the Logistics Section, and the performance of the Deputy(ies), Unit Leaders, Managers and assigned personnel. a. Make appropriate modifications when necessary. Confer with the Primary Agency(ies), Supporting Agency(ies), Coordinating Agency and other appropriate governmental agencies, non-governmental organizations and private entities / individuals to determine current and estimate / forecast future routine and specialized required logistic service and support at the incident, and when applicable, at appropriate off incident sites. Expeditiously provide routine and specialized required logistic service and support at the incident, and when applicable, at appropriate off incident sites. Prepare and maintain appropriate records, forms, logs, reports, etc., regarding the Logistics Section functions / activities. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-11 LOGISTICS SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 16. 17. 18. 19. 20. 7 of 9 Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders / requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. Designate a Deputy or Deputies when necessary. a. The Deputy is the counterpart of the principal. Therefore, the Deputy should have the same qualifications, i.e., knowledge, skills, experience, as the principal; and, must be capable of assuming the principal’s position. b. The role of the Deputy is flexible and the Deputy may: (1) Collect incident related information, monitor performance, evaluate incident operations / resources and communicate with the principal, i.e., be the “eyes and ears” of the principal. (2) Make important notifications, e.g., Bureau Chief, Patrol / Detective Borough Commander, Operations Unit, Emergency Operations Center if activated, Area Command if activated. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. c. The Deputy may be member of a different Agency / Jurisdiction than the principal. For example, the Deputy may be a member of an Agency / Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. Confer with the Office of Information Technology (OIT), Communications Division (CD), Management Information Systems Division (MISD), Communications Section (CS), Electronics Section (ES), Technical Assistance and Response Unit (TARU), Counterterrorism Bureau (CTB), other appropriate NYPD Units; and, any appropriate governmental agencies, nongovernmental organizations and / or private entities / individuals regarding communications functions and activities. Ensure effective and efficient communications service and support is provided, i.e., voice / audio, data, image, text, at the incident, and when applicable, at appropriate off incident sites: a. Provide necessary analog and digital, and mobile / wireless and wire / landline, communications devices, equipment, systems and networks, i.e., voice / audio, data, image, text. b. Prepare the Communications Plan (1) Depending upon the circumstances, the Communications Plan may be verbal or written. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-11 REVISION NUMBER: PAGE: 08/01/13 c. LOGISTICS SECTION CHIEF (continued) 21. 8 of 9 When necessary, request the activation of a “Dual Dispatch System” and confer with the Communications Section supervisor regarding the appropriate notification protocols. (1) A Dual Dispatch System involves the routing of calls for service at the incident to incident personnel if it is high priority and to non incident personnel, i.e., precinct personnel, if it is low priority. d. Ensure that the Communications Section Platoon Commander is notified regarding all Emergency Public Information and all recommended public health, safety and security related protective measures, e.g., evacuate, shelter in place, change clothes, wash, etc.; and, any other information that would be vital to disseminate to 911 callers, 311 callers, involved individuals, incident personnel, governmental agencies, non-governmental organizations and / or private entities / individuals. e. Ensure borrowed or issued equipment / devices are returned at the appropriate time. f. Confer with OTSD, CD, MISD, CS, ES, TARU, CTB, other appropriate NYPD Units; and, any appropriate governmental agencies, nongovernmental organizations and / or private entities / individuals regarding: (1) Required incident related communications service and / or support, e.g., Cell-on-Wheels (COW), priority cellular phones. (2) Any other appropriate voice / audio, image, text or data communications technical and / or non-technical needs, requirements, information, procedures, functions, issues, suggestions, problems, etc. When appropriate, activate, operate and supervise the Incident Communications Center. a. The Incident Communications Center is used solely by resources at the incident, and when applicable, at appropriate off incident sites. b. The Message Center is a component of and is co-located with the Incident Communications Center. c. An Incident Dispatcher will be assigned and will be responsible for: (1) Assigning / dispatching resources at the incident, and when applicable, at appropriate off incident sites; and, (2) Receiving and transmitting radio, telephone, facsimile, computer, etc., messages; and, (3) Providing analog and digital, and mobile / wireless and wire / landline voice / audio, image, data, text, etc. communications service / support; and, (4) Providing other required incident dispatch services. d. If established, the Incident Communications Center should be located at the Incident Command Post. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-11 LOGISTICS SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 22. 23. 9 of 9 Ensure that all requested resources respond promptly to the appropriate location. If requested resources have not promptly responded notify: a. Patrol Borough Office, Borough of occurrence when appropriate. b. Operations Unit. c. NYPD Emergency Operations Center if activated. Select an appropriate location to establish the Logistics Section. a. Absent unusual circumstances, the Logistics Section will be located at the Incident Command Post. b. Outside of NYC, the Logistics Section is usually located at the Incident Base. However, absent extraordinary circumstances an Incident Base will not be established in NYC. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-12 CIMS: FINANCE / ADMINISTRATION SECTION CHIEF DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To outline the duties of the Finance / Administration Section chief in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Finance / Administration Section chief are: FINANCE / ADMINISTRATION SECTION CHIEF 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Assume command as the Finance / Administration Section chief as part of the Incident Management Team; and, manage all financial and administrative activities. a. The Finance / Administration function may be performed by a Technical Specialist assigned to the Planning Section instead of activating the Finance / Administration Section, if minimal Finance / Administration activity is required, e.g., tracking overtime costs and ensuring overtime is properly coded. Collect, process, organize, analyze, evaluate, record, monitor, prepare summaries, display and disseminate financial, administrative, time, overtime, personnel records, procurement, contract / agreement obligation, compensation / claims and cost related information, statistics and data as needed. When necessary, identify current and estimate / forecast future incident related financial, administrative, time, overtime, personnel records, procurement, contract / agreement obligation, compensation / claims and cost related requirements, issues, needs, problems, advantages, etc. Manage the “Compensation for Injury” function involving all financial and administrative activities regarding incident related injuries, illnesses and / or deaths of incident personnel. Manage the “Claims” function involving all financial and administrative activities regarding incident related damage to property owned, rented, leased, etc., by a Primary Agency(ies), a Supporting Agency(ies), Coordinating Agency and / or other governmental agency, nongovernmental organization or private entity / individual involved in incident management operations, functions or activities. Ensure proper and expeditious preparation, collection, processing and transmittal of incident related personnel time and overtime records. Ensure proper overtime codes are being used by incident personnel. When necessary, ensure proper preparation, maintenance and transmittal of applicable “personnel records” for incident personnel. When appropriate, establish and operate an incident Commissary and designate a Commissary Manager. Ensure that required resources are efficiently and expeditiously procured and manage all procurement related activities. Manage all financial and administrative activities related to: a. Vendor contracts, obligations, leases, rental agreements, and other financial or administrative agreements. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-12 FINANCE / ADMINISTRATION SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 b. 12. 13. 14. 15. 16. 17. 18. 19. 2 of 5 Inter-agency and inter-jurisdictional Memoranda of Understanding, Mutual Aid Agreements, Memoranda of Agreement and other compacts, agreements, obligations, grants, contracts, etc. Record equipment “usage time,” and costs involving equipment, fuel, parts, maintenance, service, repairs, etc. Ensure all incident related contract / agreement obligation documents are properly prepared, approved, and executed. Participate in planning meetings when appropriate. Assist in the development of the Incident Action Plan. a. Prepare any required financial / administrative related plans. b. Ensure that the financial and administrative aspects of the Incident Action Plan are properly formulated and implemented. c. Provide advice to the Planning Section regarding the financial and administrative aspects of the Demobilization Plan. Continually monitor performance, analyze data / information, evaluate incident operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related financial and administrative issues. b. Recommend to the Command Element any necessary modifications to the current Incident Action Plan, including Incident Objectives, Strategy, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, financial and administrative activity. c. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. Continually monitor / evaluate the organizational structure and effectiveness of the Finance / Administration Section, and the performance of the Deputy(ies), Unit Leaders, Managers and assigned personnel. a. Make appropriate modifications when necessary. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. Meet with each Supporting Agency / Agency Representative when necessary; and comply with each Supporting Agencies’: a. Time, overtime, personnel records and other related financial and administrative policies and procedures. b. Equipment usage and other applicable equipment records/ documentation related financial and administrative policies and procedures. c. Compensation for injury and property claims related financial and administrative policies and procedures. d. Procurement and contract / agreement obligation related financial and administrative policies and procedures. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-12 FINANCE / ADMINISTRATION SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 e. f. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 3 of 5 Cost related financial and administrative policies and procedures. Applicable and appropriate financial and administrative policies and procedures. Confer with the Planning Section and Logistics Section to ensure that operational records are consistent with related financial and administrative records. When necessary, collect, process, organize, evaluate, analyze, record, monitor, prepare summaries, display and disseminate appropriate incident related cost information, statistics and data. When necessary, monitor costs to ensure compliance with applicable statutes, regulations, contracts, memoranda of understanding, grants, mutual aid agreements, etc. When necessary, ensure that all activities involving financial reimbursements / obligations to and financial support / funds from one or more governmental agencies, non-governmental organizations and private entities / individuals are properly managed. When necessary, provide immediate and contemporaneous, i.e., “realtime,” monitoring of designated incident costs in order to determine any required additional funds that must be obtained in order to avoid adversely affecting overall or specific incident management operations, functions or activities. Determine the current and estimate / forecast future incident related costs when requested. If possible, identify current and future cost saving measures. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders / requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. Prepare and maintain appropriate records, forms, logs, reports, etc., regarding the Finance / Administration Section functions / activities. When necessary, confer with appropriate Agency / Headquarters finance / administrative personnel regarding incident related financial, administrative, procurement, contract / agreement obligation, time, overtime, personnel records, cost and compensation / claims information, data, problems, needs, requirements, issues, etc. Select appropriate location for Finance / Administration Section. a. Finance / Administration Section may be located at the Incident Command Post; or, b. Finance / Administration Section may be situated at an off incident site, e.g., NYPD Headquarters – Office of the Deputy Commissioner Management and Budget, NYPD Operations Unit, NYPD Emergency Operations Center if activated. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-12 FINANCE / ADMINISTRATION SECTION CHIEF (continued) PAGE: 08/01/13 31. 32. 33. ADDITIONAL DATA REVISION NUMBER: 4 of 5 Designate a Deputy or Deputies when necessary. a. The Deputy is the counterpart of the principal. Therefore, the Deputy should have the same qualifications, i.e., knowledge, skills, experience, as the principal; and, must be capable of assuming the principal’s position. b. The role of the Deputy is flexible and the Deputy may: (1) Collect incident related information, monitor performance, evaluate incident operations / resources and communicate with the principal, i.e., be the “eyes and ears” of the principal. (2) Make important notifications, e.g., Bureau Chief, Patrol / Detective Borough Commander, Operations Unit, Emergency Operations Center if activated, Area Command if activated. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. c. The Deputy may be a member of a different Agency / Jurisdiction than the principal. For example, the Deputy may be a member of an Agency / Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. Determine whether to activate or deactivate a Unit within the Finance / Administration Section. If a Unit is not activated or is deactivated, the Finance / Administration Section chief is responsible for performing / managing that Unit’s functions. a. The number of personnel assigned to a particular Unit will be determined by the Finance / Administration Section chief after conferring with the Command Element, and will depend upon the nature, size, complexity, location, duration, etc., of the incident. When necessary, activate or deactivate any of the following Units: a. Time Unit b. Procurement Unit c. Compensation / Claims Unit d. Cost Unit. If there is a Single Command – Command Element, the Incident Commander will designate the one Finance / Administration Section chief. When the NYPD is the Primary Agency in a Single Command - Command Element, if the Finance / Administration Section is activated, absent unusual circumstances, the Incident Commander will have a member of the NYPD designated as the Finance / Administration Section chief; or if that is not possible, designated as a Deputy to a nonNYPD Finance / Administration Section chief. Whenever possible, the Incident Commander should designate a member of service assigned to the Office of the Deputy Commissioner, Management and Budget to perform the functions of the Finance / Administration Section chief; or if that is not possible, to perform the functions of a Deputy to a non-NYPD Finance / Administration Section chief. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-12 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 If there is a Unified Command – Command Element, all of the Agency Incident Commanders will jointly designate the one Finance / Administration Section chief. When the NYPD is one of the one Primary Agencies in a Unified Command – Command Element, if the Finance / Administration Section chief position is activated, absent unusual circumstances, the NYPD Agency Incident Commander should make every effort to have a member of the NYPD designated as the Finance / Administration Section chief; or if that is not possible, designated as a Deputy to a non-NYPD Finance / Administration Section chief. Whenever possible, the NYPD Agency Incident Commander should designate a member of service assigned to the Office of the Deputy Commissioner, Management and Budget to perform the functions of the Finance / Administration Section chief; or if that is not possible, to perform the functions of a Deputy to a non-NYPD Finance / Administration Section chief. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-13 CIMS: INTELLIGENCE / INVESTIGATIONS SECTION CHIEF DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 7 ORGANIZATION OF INTELLIGENCE / INVESTIGATIVE FUNCTIONS SCOPE The investigative and intelligence aspects of incident management are significantly different from the tactical aspects and are not adequately addressed by the traditional Incident Command System (ICS) organizational model. Therefore, when there is a considerable investigative or intelligence component to the management or resolution of an incident, the Command Element should activate an Intelligence / Investigations Section as part of the General Staff. In unusual situations, when the Intelligence / Investigations function is not a considerable component of the management or resolution of an incident, it may be organized as a Branch or Group within the Operations Section rather than as a separate General Staff Section. In extremely unusual situations when the Intelligence / Investigations function is minimal, it may be organized as a Command Staff position or Planning Section / Situation Unit function. The Intelligence / Investigations function should be organized as a Section when the NYPD is the Primary Agency in a Single Command – Command Element, or when the NYPD is one of the Primary Agencies in a Unified Command – Command Element. PURPOSE To outline the duties of the Intelligence / Investigations Section chief in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Intelligence / Investigations Section chief are: INTELLIGENCE / INVESTIGATIONS SECTION CHIEF 1. 2. Assume command as the Intelligence / Investigations Section chief as part of the Incident Management Team; and, manage investigative and intelligence operations. Establish the Intelligence / Investigations Section Post at an appropriate location. a. The Intelligence / Investigations Section Post is the location where the Intelligence / Investigations Section chief, Deputy(ies) and appropriate staff will remain and manage / direct all of the intelligence and investigative functions, operations and activities. b. The Intelligence / Investigations Section Post generally will not be co-located with the Operations Section Post or the Incident Command Post. The Intelligence / Investigations Section Post will be established at a secure location within a reasonable distance from the Operations Section Post and the Incident Command Post. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-13 REVISION NUMBER: PAGE: 08/01/13 INTELLIGENCE / INVESTIGATIONS SECTION CHIEF (continued) c. 3. 4. 5. 6. 7. 2 of 7 Choose a location that is a reasonable and appropriate distance from the incident; and, will provide for safety, health, security and force protection; and, will provide easy and expeditious access and egress; and, is sufficiently large and will allow for expansion; and, will permit continuous operations; and, will provide adequate workspace and utility / communications service. Generally, the Intelligence / Investigations Section Post will be located within the Site Access Control / Outer Perimeter. d. If necessary, the Intelligence / Investigations Section Post may be relocated. e. The Intelligence / Investigations Section Post can be any type of facility that is available and appropriate, e.g., vehicle, trailer, tent, open area, room in a building. f. Ensure that adequate safety, health, security and force protection measures are implemented. Ensure appropriate investigative techniques are utilized. Ensure assigned investigative leads / tasks are properly recorded. Ensure assigned investigative leads / tasks are properly performed. Ensure all appropriate follow-up actions are promptly identified, assigned, recorded and properly performed. Ensure Investigative Scenes and Crime Scenes are identified, secured and processed. a. Determine the number, location, size, boundaries, configuration, etc., of the Crime Scenes and / or Investigative Scenes. The size of the Crime Scenes and / or Investigative Scenes will depend upon the circumstances of the incident. However, initially the size of the Crime Scenes and/ or Investigative Scenes should be large, and as time progresses and additional facts are discovered they may be reduced in size. b. In order to minimize / avoid the alteration, loss, contamination, degradation, destruction, etc., of physical evidence, ensure access to the Crime Scenes, and if applicable, the Investigative Scenes, are strictly controlled. Absent extraordinary circumstances and /or circumstances involving the life or safety of involved persons or the public, only appropriately trained and equipped personnel who are involved in the investigation of the incident and have an absolute need to enter will be allowed access within the Crime Scenes, and if applicable, the Investigative Scenes. Civilians and personnel representing involved governmental agencies, nongovernmental organizations and private entities / individuals who are unauthorized or unnecessary, including unnecessary NYPD personnel, will not be allowed access within the Crime Scenes, and if applicable, the Investigative Scenes. c. When appropriate authorize the release and relinquishment of control of the Crime Scenes and / or Investigative Scenes. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-13 INTELLIGENCE / INVESTIGATIONS SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 8. 9. 10. 11. 12. 13. 3 of 7 Ensure forensic evidence and conventional, analog and / or digital investigative evidence (documents / text, images / photos, audio, data) are properly and expeditiously collected, vouchered and analyzed / examined. Ensure all investigative activity associated with telephone, computer and other types of electronic communications is properly performed. Ensure intelligence information is collected in a timely manner. Ensure threat information is expeditiously identified, processed, analyzed, evaluated, documented and disseminated to the Command Element, Operations Section, and appropriate Command Staff positions, General Staff Sections, governmental agencies, non-governmental organizations, private entities / individuals. a. Recommend appropriate alerting or non-alerting prevention, interdiction, disruption, denial, etc., countermeasures / techniques to the Command Element and Operations Section. Ensure investigative and intelligence information is processed, organized, analyzed, evaluated, documented and appropriately disseminated. a. Implement procedures, plans, activities, etc., to ensure: (1) Classified information is: (a) Appropriately transmitted, received, documented, recorded, safeguarded, filed, maintained, secured, stored, etc.; and, (b) Communicated to and received by personnel specifically selected by the Command Element who have the appropriate “clearance level” / “access”, i.e., Top Secret, Secret, SCI, and authorization, i.e., “need to know.” (2) Information that is restricted unclassified information, e.g., Law Enforcement Sensitive (LES), Official Use Only (OUO), Sensitive But Unclassified (SBU), personal, originator controlled, export controlled, personnel related, proprietary, etc., is: (a) Appropriately transmitted, received, documented, recorded, safeguarded, filed, maintained, secured, stored, etc.; and, (b) Communicated to and received by appropriate authorized personnel. b. Confer with the Command Element and, when appropriate, the Planning Section, regarding the development, implementation and management of intelligence / information / data security and operational security procedures, plans, activities, etc. Ensure intelligence and investigative information is processed, documented, organized, recorded, summarized, presented and displayed in a manner that allows it to be easily visualized, analyzed, evaluated and understood, e.g., link analysis charts, organization / hierarchy charts, matrices, spreadsheets, maps, images / photos, charts, timelines, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-13 INTELLIGENCE / INVESTIGATIONS SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 14. 15. 16. 17. 18. 19. 20. 21. 22. 4 of 7 Ensure all investigative activity associated with missing persons, unidentified aided persons and human remains is properly performed. Ensure all operational and support resources are being efficiently and effectively utilized. Ensure required legal advice, services and process, e.g., warrants, subpoenas, court orders, etc., are expeditiously obtained. Ensure a chronological account of the significant investigative and, when appropriate, intelligence information, actions and results, is appropriately recorded, documented and displayed. a. Confer and coordinate with the Planning Section. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders / requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. Ensure appropriate records, forms, logs, reports, etc., regarding the Intelligence / Investigations Section functions / activities are properly prepared and maintained. Ensure appropriate investigative and intelligence information is expeditiously communicated to the Command Element, Operations Section, Planning Section / Situation Unit and any other appropriate General Staff Sections and Command Staff positions: a. When the Intelligence / Investigations Section is activated, a member of the Operations Section should be assigned to the Intelligence / Investigations Section Post to act as a liaison; and, a member of the Intelligence / Investigations Section should be assigned to the Operations Section Post to act as a liaison. b. Depending upon the significance of the intelligence / investigative component of the incident and after conferral with the Operations Section chief, the member of the Operations Section assigned to the Intelligence / Investigations Section Post and the member of the Intelligence / Investigations Section assigned to the Operations Section Post to act as liaisons may be supervisors. Direct and coordinate investigative and intelligence operations, functions and activities regarding all involved governmental agencies, non-governmental organizations and private entities / individuals, e.g., FBI, USSS, ATF, ICE, Customs and Border Patrol, US Park Police, US Postal Inspection Service, National Transportation Safety Board, Coast Guard, US DOD police / investigators, NYS Police, NYS DEC, MTAPD, PAPD, FDNY Fire Marshals, NYC DEP, NYC DPR Urban Park Service, NYC DS Police, NYC DOC, NYC DOHMH Epidemiologists, NYC Health and Hospitals Corporation security, private security, private investigators. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-13 INTELLIGENCE / INVESTIGATIONS SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 23. 24. 25. 26. 27. 28. 5 of 7 Ensure investigative and intelligence activity is coordinated with the appropriate Command Staff positions and General Staff Sections. a. In particular, maintain close liaison, frequently communicate and continually coordinate tactical investigative and intelligence activity with the Operations Section, e.g., warrant executions, arrests, evidence searches / seizures, physical surveillance, electronic surveillance, surreptitious entries, non-alerting / ruse detentions, confidential informant / undercover operations, etc. Participate in planning meetings when appropriate. Assist in the development of the Incident Action Plan. a. Ensure that Investigative / Intelligence Operations and considerations, particularly those involving the processing of Crime Scenes and Investigative Scenes, are included in the Incident Objectives. b. Prepare the Intelligence / Investigations Plan and any other required intelligence / investigations related plans. c. Ensure that the intelligence and investigative aspects of the Incident Action Plan are properly formulated and implemented. d. Provide advice to the Planning Section regarding the investigative and intelligence aspects of the Demobilization Plan. Continually monitor performance, analyze data / information, evaluate operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related intelligence and investigative issues. b. Recommend to the Command Element any necessary modifications to the current Incident Action Plan, including Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, Investigative / Intelligence Operations, etc. c. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. Continually monitor / evaluate the organizational structure and effectiveness of the Intelligence / Investigations Section, and the performance of the Deputy(ies), Group Supervisors and assigned personnel. a. Make appropriate modifications when necessary. Designate a Deputy or Deputies when necessary. a. The Deputy is the counterpart of the principal. Therefore, the Deputy should have the same qualifications, i.e., knowledge, skills, experience, as the principal; and, must be capable of assuming the principal’s position. b. The role of the Deputy is flexible and the Deputy may: (1) Collect incident related information, monitor performance, evaluate incident operations / resources and communicate with the principal, i.e., be the “eyes and ears” of the principal. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-13 PAGE: 08/01/13 INTELLIGENCE / INVESTIGATIONS SECTION CHIEF (continued) 6 of 7 (2) 29. 30. ADDITIONAL DATA REVISION NUMBER: Make important notifications, e.g., Bureau Chief, Patrol / Detective Borough Commander, Operations Unit, Emergency Operations Center if activated, Area Command if activated. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. c. The Deputy may be member of a different Agency / Jurisdiction than the principal. For example, the Deputy may be a member of an Agency / Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. Determine whether to activate or deactivate a Group within the Intelligence / Investigations Section. If a Group is not activated or is deactivated, the Intelligence / Investigations Section chief is responsible for performing / managing that Group’s functions. a. The number of personnel assigned to a particular Group will be determined by the Intelligence / Investigations Section chief after conferring with the Command Element, and will depend upon the nature, size, complexity, location, duration, etc., of the incident. When necessary, activate or deactivate the following Groups. a. Investigative Operations Group b. Intelligence Group c. Forensic Group d. Electronic Communications, Surveillance and Evidence Group e. Missing / Unidentified Persons and Human Remains Group f. Investigative Support Group Depending upon the circumstances, personnel assigned to the Intelligence / Investigations Section may utilize some or all of the following investigative techniques: a. Conduct canvasses, technical and non-technical. b. Perform interviews and interrogations. c. Process Crime Scenes and Investigative Scenes. d. Collect, voucher and examine / analyze forensic evidence and conventional, analog and / or digital investigative evidence (documents / text, images / photos, audio, data.) e. Collect, process and analyze intelligence, i.e., unclassified, classified, open source. f. Conduct physical and electronic surveillance. g. Conduct searches and seizures. h. Conduct apprehensions. i. Conduct alerting and non-alerting stops / detentions. j. Request directed enforcement operations, e.g., criminal, regulatory, civil, parole, probation. k. Conduct identification procedures, i.e., lineups, photo arrays, PhotoManager photos. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-13 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 l. m. n. o. p. q. r. s. t. u. v. w. 7 of 7 Query Databases / Records. Obtain, analyze and exploit telephone, computer and other types of electronic communications information / records, both historical and real time. Utilize mail covers and trash covers. Obtain and examine relevant records maintained by the NYPD and other governmental agencies, non-governmental organizations and private entities / individuals, e.g., 911 tapes, 311 tapes, Communications Division tapes, SPRINT reports, Investigative Case Folders, Administrative Case Folders, DMV photos. Debrief prisoners. Conduct undercover and confidential informant operations. Utilize appropriate event / timeline reconstruction techniques. Perform behavioral analysis and psychological profiling. Conduct financial analyses. When necessary, disseminate appropriate investigative information to other law enforcement agencies, the media and the public. Utilize public “Hotlines / Tiplines.” Utilize polygraph examinations. INVESTIGATIVE SCENES AND CRIME SCENES An Investigative Scene is an area or areas where investigative information may be obtained by identifying / interviewing witnesses; performing canvasses; examining conventional, analog and digital documents / text, images / photos, audio and / or data; performing identification techniques; etc. A Crime Scene is an area or areas that contain physical evidence that may have forensic, investigative, demonstrative or other probative value. Crime Scenes and Investigative Scenes include: a. “Body Collection Points” where human remains are gathered for investigative and forensic evidence processing. b. “Casualty Collection Points” where ill / injured individuals are gathered for triage, emergency treatment, and transportation to the hospital. c. Decontamination areas where individuals are decontaminated using mass / gross, technical, emergency, etc., decontamination procedures. d. Areas where forensic evidence or conventional, analog and / or digital investigative evidence (documents / text, images / photos, audio, data) is collected, processed, examined / analyzed, stored , safeguarded, etc. All personnel assigned to the governmental agencies, non-governmental organizations and private entities / individuals involved in incident management activities are responsible for avoiding or minimizing disturbance of Investigative / Intelligence Operations, particularly the processing of Crime Scenes and Investigative Scenes. Individuals who are unauthorized or unnecessary, including unnecessary NYPD personnel, will not be allowed access within the Investigative Scene(s) and / or Crime Scene(s). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-14 CIMS: SUPPORTING AGENCIES AND AGENCY REPRESENTATIVES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To understand the roles of a Supporting Agency / Agency Representative in CIMS. DEFINITIONS SUPPORTING AGENCY - a governmental agency, non-governmental organization, and / or private entity whose resources, i.e., personnel, vehicles, equipment, subject matter expertise, etc., are deployed to an incident to support incident operations, and to assist the Primary Agency(ies) successfully resolve the incident. A Supporting Agency assists the Primary Agency(ies) accomplish the Incident Objectives by providing resources to the incident management efforts. A Supporting Agency is not a Primary Agency in a Single Command – Command Element; nor is it one of the Primary Agencies in a Unified Command - Command Element. However, each Supporting Agency retains responsibility for it’s resources; and retains its’ jurisdictional, legal, functional, administrative, etc., authority. There are two types of Supporting Agencies: a. ASSISTING AGENCY - an Agency providing personnel, services or other resources to the Agency with direct responsibility for incident management; and / or, an Agency directly contributing tactical or service resources to another Agency, e.g., NYPD, FDNY, EMS, DSNY, DEP. b. COOPERATING AGENCY - an Agency that supports the incident management efforts by providing assistance other than tactical resources; and / or, an Agency that supplies assistance other than direct operational or support functions or resources to the incident management efforts, e.g., Salvation Army, American Red Cross. SUPPORTING AGENCY / AGENCY REPRESENTATIVE - each Supporting Agency will designate a “Supporting Agency / Agency Representative.” A Supporting Agency / Agency Representative is an individual who has been given authority by the Supporting Agency to make decisions on matters affecting that Agency’s efforts to assist the Command Element successfully resolve the incident. The Supporting Agency / Agency Representative must have the authority to make decisions, give direction and commit resources on behalf of their Supporting Agency. The Supporting Agency / Agency Representative is not a member of the Command Element. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Supporting Agency / Agency Representative are: SUPPORTING AGENCY/ AGENCY REPRESENTATIVE 1. Assume the position of Supporting Agency / Agency Representative; and, report to the Liaison officer, or if not activated, the Command Element and obtain briefing. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-14 SUPPORTING AGENCY/ AGENCY REPRESENTATIVE (continued) REVISION NUMBER: PAGE: 08/01/13 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 2 of 2 Ensure all Supporting Agency resources have completed Check-In at the appropriate location(s). Inform Supporting Agency personnel assigned to the incident that a Supporting Agency / Agency Representative has been designated; and, identify self as the designated Supporting Agency/ Agency Representative. Attend planning meetings when appropriate; and, when applicable, assist in the development of the Incident Action Plan. Inform the Liaison officer, or if not activated, the Command Element of current, anticipated or potential inter-organizational or inter-agency issues, problems, conflicts, etc. Cooperate with the Command Element, Command Staff and General Staff regarding Supporting Agency involvement at the incident. Assist the Primary Agency(ies) regarding the implementation of the Incident Action Plan. Ensure accountability, safety, health, force protection and security measures are developed and implemented for personnel, vehicles, equipment, facilities, and other Supporting Agency resources assigned to the incident. Inform the Liaison officer, or if not activated, the Command Element, of any special Supporting Agency specific needs, requirements, restrictions, limitations, etc. Absent unusual circumstances, establish a work location at or in the vicinity of the Incident Command Post. Inform the Liaison officer regarding: a. Current status of the Supporting Agencies’ resources, b. Current number, Kind, Type, capabilities, limitations, etc., of the Supporting Agencies’ resources, c. Availability of the Supporting Agencies’ resources regarding current, anticipated or potential resource requests. Report to the Supporting Agency Dispatcher and / or Headquarters on a pre-arranged schedule. Ensure all required Supporting Agency records, forms, logs, reports, and documents are properly prepared. When demobilization occurs, ensure: a. All of the Supporting Agencies’ resources are properly accounted for and released. b. All incident related operations, assignments, tasks, etc., have been completed. c. All incident related logistics service and support functions and activities have been completed. d. All required incident related records, forms, logs, reports and other administrative activity have been completed. e. All borrowed equipment is returned to the appropriate location/Unit. Attend debriefing session with the Liaison officer, or if not activated, the Command Element, prior to departure from the incident due to reassignment, end of tour, demobilization, etc. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-15 CIMS: COORDINATING AGENCY DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 PURPOSE To understand the role of the Coordinating Agency in CIMS. SCOPE The New York City Office of Emergency Management (OEM) is the designated Coordinating Agency. OEM may respond to multi-agency incidents and participate in a Unified Command or Single Command incident management organization. PROCEDURE At multi-agency incidents OEM will: OFFICE OF EMERGENCY MANAGEMENT 1. 2. 3. 4. 5. 6. 7. 8. ADDITIONAL DATA Ensure a CIMS incident management organization is implemented. Coordinate resources supplied by Agencies involved in incident related response and recovery operations, functions and activities. Provide information to the OEM Emergency Operations Center and to the Mayor. Support logistics and communications needs. Obtain subject matter expertise. Facilitate transition of command. Facilitate resolution of interagency differences. Coordinate and support Recovery / Restoration Operations. DO NOT wait for a representative from OEM to arrive at the incident site to begin inter-agency coordination. In complex incidents where the Primary Agency designation is unclear, or the incident is not listed in the Primary Agency Matrix, or the Primary Agency designation changes as some or all of the Incident Objectives are achieved, OEM, based upon the CIMS Protocol, will identify the appropriate Primary Agency or Agencies. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-16 CIMS: INTEGRATED COMMUNICATIONS DATE ISSUED: DATE EFFECTIVE: 08/01/13 REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To ensure proper communications integration takes place between this Department and other agencies at an incident. SCOPE Effective, efficient, integrated communications are essential in order to successfully resolve emergency incidents. Agencies participating in emergency response in New York City have implemented several procedural and technological measures to ensure that effective, efficient and integrated on-scene inter-agency communications can be achieved. Agencies will continue to evaluate communications best practices and evolving voice, image, text and data communications technologies to improve tactical and citywide inter-agency communications. MEASURES Procedural Measures 1. 2. 3. 4. Ensuring that all ranking Agency members manage the incident from one single Incident Command Post; Ensuring that Agency personnel operating at an incident use clear text for inter-agency communications, i.e., no agency-specific codes or jargon; and, communicate using standard CIMS terminology; Ensuring that all incident personnel observe strict radio / telephone communications discipline and limit communications to essential information only; Establishing criteria for implementing Borough / Citywide “repeated” interoperable radio frequencies and tactical “point-to-point” interoperable radio frequencies for coordination at the incident scene. Technological Measures 1. 2. 3. 4. Ensuring that all Agencies participating in emergency responses in NYC may utilize the NYC Agencies’ Citywide “repeated” interoperable 800 MHz radio frequency; Ensuring that first responder Agencies have other first responder Agencies’ Borough / Citywide “repeated” interoperable radio frequencies in their command vehicles and their aviation and marine assets; and, that the Borough / Citywide “repeated” interoperable radio frequencies are appropriately utilized. Utilizing tactical “point-to-point” interoperable radio frequencies for coordination at the incident scene; and Deploying radio / mobile phone interconnect systems to incidents requiring additional support to ensure interoperable / shared communications. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-16 MEASURES (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 2 Communications Plan The Command Element will implement a Communications Plan that will identify the tactical “point-to-point” interoperable radio frequencies and Borough / Citywide “repeated” interoperable radio frequencies that will be used to manage the incident. The plan may be written or verbal depending upon the nature, location, size, complexity and duration of the incident. The Communications Plan will be part of the Incident Action Plan for each Operational Period and will be disseminated / distributed to all Agencies participating in the response. When applicable, CIMS ICS form 205 may be used to assist in the formulation of the Communications Plan. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-17 CIMS: TRANSFER OF COMMAND DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To describe the formal Transfer of Command process at an incident. PROCEDURE Upon arriving at the scene of an incident, the ranking member of the service will either: RANKING MEMBER OF THE SERVICE 1. 2. 3. 4. NOTE When there is a change in the Command Element, there must be a formal Transfer of Command process. TRANSFER OF 5. COMMAND 6. 7. Assume command if there is no Command Element; or, Assume command from the current Command Element; or, Make no change regarding the current Command Element; or, Designate a third party to assume command from the current Command Element “Transfer of Command” may take place: a. When a higher ranking person arrives at the scene and elects or has been appropriately designated to assume command. This is often associated with an expanding incident that recently occurred and is still in its initial stages of development. In this situation, because of the outgoing Command Element’s specific knowledge / experience regarding the incident, the incoming Command Element may assign the outgoing Command Element to perform / manage a different incident related function, e.g., Operations Section chief. b. By transferring command to a less senior or less experienced person when an incident is stabilized, or has been reduced in size or severity, or is close to final mitigation, or will demobilize after a short period of time. c. When needed because personnel have been appropriately designated to assume command for a new Operational Period(s). d. To allow the Command Element to be dismissed at the end of the designated tour. Over the course of an incident, as emergency conditions change or Incident Objectives are completed, the Primary Agency designation may also change and there may be a Transfer of Command from one or more Primary Agencies to a different Primary Agency or Agencies. The Primary Agency Matrix will be used to identify the appropriate Agency or Agencies to which command will be transferred. Transfer of Command also involves the replacement of the General Staff Section chiefs and Command Staff officers, e.g., Operations Section chief, Planning Section chief, Public Information officer. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-17 REVISION NUMBER: PAGE: 08/01/13 TRANSFER OF COMMAND 8. (continued) 9. 10. 2 of 2 Transfer of Command Process The Transfer of Command process must include a briefing that captures all of the essential information required to ensure continuing effective and efficient command. This information should be recorded and displayed for easy retrieval and subsequent briefings. A Transfer of Command checklist should be used and it should include at least the following: a. Has an appropriate CIMS incident management organization been implemented, and is appropriate CIMS terminology being used at the incident? b. Has one single Incident Command Post been established? c. If possible, will Transfer of Command take place face-to-face? d. If possible, will the incoming Command Element personally perform a detailed assessment of the incident situation with the outgoing Command Element? e. Will the outgoing Command Element provide a comprehensive briefing to the incoming Command Element? f. Has an appropriate time been chosen for the formal Transfer of Command to occur? g. Has the incoming Command Element formally accepted command? h. Have notifications been made to the appropriate entities, i.e., General Staff, Command Staff, Primary Agencies, Coordinating Agency, Supporting Agencies, Communications Division dispatcher and / or supervisor, all incident supervisors, etc.? The Transfer of Command briefing should include: a. Concise history of the incident. b. Current incident situation status. c. Incident Objectives, Strategy and priorities. d. Incident Action Plan. e. Current organizational structure. f. Resource assignments. g. Resources enroute, ordered and / or required. h. Status of current and planned tactical operations / activities. i. Status of current and planned investigative operations / activities. j. Current incident related intelligence including any threat information and / or risk assessments. k. Status of Incident Facilities. l. Status of communications and Communications Plan. m. Any operational constraints or limitations. n. Current concerns, problems, issues, etc. o. Estimate / prediction of the future progress of the incident and potential concerns, problems, issues, etc. p. “Delegation of Authority” issues. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-18 CIMS: INCIDENT SEQUENCE DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To describe the general CIMS Incident Sequence. PROCEDURE When responding to an incident, generally, the following Incident Sequence will occur: CIMS INCIDENT SEQUENCE 1. Depending upon the incident type, one or more Agencies will respond. The first arriving units assess the scene and, if capable, initiate Life Safety and Site Management Operations. The Command Element (Single or Unified) is established with the Primary Agency or Agencies determined by the Primary Agency Matrix. The Command Element assumes overall incident management responsibility; establishes an Incident Command Post at a safe and secure location near the incident site; and establishes General Staff Sections (Operations, Planning, Logistics, etc.) and / or Command Staff positions as needed. 2. If an Operations Section is activated, an Operations Section Post is established to direct tactical operations including Life Safety Operations and Site Management Operations. 3. If a Unified Command - Command Element is managing the incident, then a Unified Operations Section is established. At every CBRN / HazMat incident a Unified Operations Section will be established. 4. If there is a CBRN / HazMat incident, until the NYPD determines that there is no actual or suspected criminal activity or terrorism, the NYPD will be the Primary Agency and will establish a Single Command – Command Element. If the NYPD determines that there is no actual or suspected criminal activity or terrorism, then a Unified Command – Command Element will be established, and the NYPD will designate an Agency Incident Commander. When determining whether there is actual or suspected criminal activity or terrorism, comply with the procedures contained in Patrol Guide 212-101, “Processing Unknown Substances Suspected of Being Chemical, Biological, Radiological, Nuclear (CBRN) / Hazardous Materials Evidence.” 5. Absent extraordinary emergency circumstances including unacceptable personnel safety risks, operating personnel will continue rescue operations to completion, or until relief is required due to fatigue, equipment failure or need for additional resources. NOTE The Coordinating Agency will ensure that the Incident Command Post and Operations Section Post are established and appropriately staffed. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-18 CIMS INCIDENT SEQUENCE (continued) NOTE PAGE: 08/01/13 2 of 3 6. Investigative Operations may be initiated concurrently with Life Safety Operations. However, absent extraordinary emergency circumstances, life safety concerns will take precedence over investigative considerations until Life Safety Operations are concluded. 7. During Investigative Operations, Recovery / Restoration Operations may be delayed to minimize disturbance to Investigative Scenes, Crime Scenes and other investigative / intelligence operations, activities, functions, etc. However, with the approval of the Command Element, in consultation with the Investigating Agency, Recovery / Restoration Operations may be initiated concurrently with Investigative Operations. 8. As part of Site Management Operations, the NYPD will consult with the Primary Agency(ies) directing Life Safety Operations and / or Investigative Operations. Based upon that consultation, the NYPD will establish appropriate perimeters as needed, and will exclude non-essential personnel from the incident site. 9. Recovery / Restoration Operations include final mitigation of the incident, and a return to non-emergency conditions. Recovery / Restoration Operations can be initiated concurrently with Life Safety and / or Investigative Operations with the approval of the Command Element. The Coordinating Agency will facilitate and support Recovery / Restoration Operations. 10. ADDITIONAL DATA REVISION NUMBER: Upon completion of Recovery / Restoration and Site Management Operations, the Operations Section Post and the Incident Command Post are demobilized and the incident is concluded. In practice, there may be further overlap between the various phases of the incident. For example, some Recovery / Restoration activities, such as restoration of power or telephone service, may begin concurrently with Life Safety and Investigative Operations, provided that the Recovery / Restoration Operations support and do not conflict with other incident site operations. Appendix “A” on the following page is a diagram illustrating the CIMS Incident Sequence. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-18 ADDITIONAL DATA DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 3 Appendix “A” (continued) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-19 CIMS: INCIDENT FACILITIES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To define and describe CIMS Incident Facilities. PROCEDURE When responding to an incident where CIMS has been implemented, Incident Facilities will be defined and described as follows: DEFINITIONS INCIDENT COMMAND POST The Incident Command Post is the location where the Command Element, i.e., Single Command, Incident Commander or Unified Command, Agency Incident Commanders, will remain and perform the command function. The Incident Command Post provides a central coordination point from which the Command Element, Command Staff, each appropriate Supporting Agency / Agency Representative, Coordinating Agency, General Staff planning functions and certain General Staff support functions will normally operate. The Command Element, necessary members of the Command Staff, necessary members of the General Staff, each required Supporting Agency / Agency Representative and Coordinating Agency, will report to the Incident Command Post as soon as possible; remain together; develop the Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, etc.; and, formulate one single Incident Action Plan. Depending upon the nature, size, complexity, location, duration, etc., of the incident, some members of the General Staff may be situated / operating at other locations. However, they will attend planning meetings conducted at the Incident Command Post and will remain in close contact with the Command Element. There is only one single Incident Command Post for an incident irrespective of whether there is a Single Command – Command Element or a Unified Command – Command Element. The Incident Command Post will be identified by the name of the incident. The Command Element will select an appropriate location to establish the Incident Command Post (ICP). If there is a Unified Command - Command Element, Agency Incident Commanders will jointly select an appropriate location to establish the Incident Command Post. Initially, the Incident Command Post will be wherever the Command Element is located. The Incident Command Post can be any type of facility that is available and appropriate, e.g., vehicle, trailer, tent, open area, room in a building. The Incident Command Post should be large enough to provide adequate work space for the assigned personnel. The Incident Command Post should contain situation information and resource status displays and other planning related information. Adequate safety, health, security and force protection measures will be implemented regarding the Incident Command Post. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-19 DEFINITIONS (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 5 The Incident Communications Center is often located within or adjacent to the Incident Command Post. A location will be chosen for the Incident Command Post that is a reasonable and appropriate distance from the incident site; and, will provide for safety, health, security and force protection; and, will provide easy and expeditious access and egress; and, is sufficiently large and will allow for expansion; and, will permit continuous operations; and, will provide adequate workspace and utility / communications service. Generally, the Incident Command Post will be located within the Site Access Control / Outer Perimeter. Whenever possible, the Incident Command Post should not be relocated. However, it may be necessary to relocate the Incident Command Post if the incident evolves / progresses and circumstances or conditions change. For example, during the initial stages of an incident the situation may rapidly change and the Incident Command Post may have to be relocated one or more times; or, the Incident Command Post may have to be relocated if an Operations Section Post is activated; or, a change in incident size / location may require relocation of the Incident Command Post in order to improve command, operations, communications, etc.; or, relocation of the Incident Command Post may be required in order to resolve safety, health, security or force protection issues. Outside of NYC, under NIMS ICS, the Incident Command Post may be located at the Incident Base. However, absent extraordinary circumstances, in NYC an Incident Base will not be established. Once the Incident Command Post is established, appropriate notifications will be made regarding the location of the Incident Command Post. Additionally, a flag, banner, beacon, sign or other distinctive marker will be used to identify the location of the Incident Command Post. OPERATIONS SECTION POST The Operations Section Post is the location where the Operation Section chief / Agency Operations Section chiefs, Deputy(ies) and appropriate staff will remain and manage / direct all of the tactical functions, operations and activities. If there is a Unified Operations Section, Agency Operations Section chiefs will jointly select an appropriate location to establish the Operations Section Post The Operations Section Post can be any type of facility that is available and appropriate, e.g., vehicle, trailer, tent, open area, room in a building. Adequate safety, health, security and force protection measures will be implemented regarding the Operations Section Post. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-19 DEFINITIONS (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 5 The Operations Section Post generally will not be co-located with the Intelligence / Investigations Section Post or the Incident Command Post. The Operations Section Post will be established at a secure location within a reasonable distance from the Intelligence / Investigations Section Post and the Incident Command Post. A location will be chosen for the Operations Section Post that is a reasonable and appropriate distance from the incident site; and, will provide for safety, health, security and force protection; and will provide easy and expeditious access and egress; and, is sufficiently large and will allow for expansion; and, will permit continuous operations; and, will provide adequate work space and utility / communications service. Generally, the Operations Section Post will be located within the Site Access Control / Outer Perimeter. If necessary, the Operations Section Post may be relocated. INTELLIGENCE / INVESTIGATIONS SECTION POST The Intelligence / Investigations Section Post is the location where the Intelligence / Investigations Section chief, Deputy(ies) and appropriate staff will remain and manage / direct all of the intelligence and investigative functions, operations and activities. The Intelligence / Investigations Section Post can be any type of facility that is available and appropriate, e.g., vehicle, trailer, tent, open area, room in a building. Adequate safety, health, security and force protection measures will be implemented regarding the Intelligence / Investigation Section Post. The Intelligence / Investigations Section Post generally will not be co-located with the Operations Section Post or the Incident Command Post. The Intelligence / Investigations Section Post will be established at a secure location within a reasonable distance from the Operations Section Post and the Incident Command Post. A location will be chosen for the Intelligence / Investigations Section Post that is a reasonable and appropriate distance from the incident site; and, will provide for safety, health, security and force protection; and, will provide easy and expeditious access and egress; and, is sufficiently large and will allow for expansion; and, will permit continuous operations; and, will provide adequate work space and utility / communications service. Generally, the Intelligence / Investigations Section Post will be located within the Site Access Control / Outer Perimeter. If necessary, the Intelligence / Investigations Section Post may be relocated. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-19 DEFINITIONS (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 5 INCIDENT BASE Absent extraordinary circumstances, an Incident Base will not be activated in NYC. However, an Incident Base might be activated during an extremely large incident that will continue for an extended period of time. Outside of NYC, under NIMS ICS, the Incident Base is the central location where all incident primary logistic service and support activities are situated and performed. Normally, the Incident Base is the facility where all uncommitted Out-of-Service personnel, equipment and tactical resources are located; and, support operations are situated. If activated, there is only one Incident Base established for an incident. Adequate safety, health, security and force protection measures will be implemented regarding the Incident Base. The Incident Base will be identified by the name of the incident. Absent unusual circumstances, the Incident Base will not be relocated. When appropriate, the Incident Base may be deactivated. If an Incident Base is activated, an Incident Base Manager will be designated. The Incident Base Manager will ensure that appropriate sanitation and facility management services are being provided at the Incident Base; and, that adequate safety, health, security and force protection measures have been implemented regarding the Incident Base. The Incident Base Manager reports to the Facilities Unit Leader, or if that position is not activated, to the Logistics Section chief. CAMP Absent extraordinary circumstances, a Camp(s) will not be activated in NYC. However, one or more Camps might be activated during an extremely large incident that will require incident personnel to be lodged for an extended period of time in the vicinity of the incident. Outside of NYC, under NIMS ICS, a Camp is a temporary location within the general incident area that is equipped and staffed to provide food, water, sanitation, shower and related lodging services to incident personnel. A Camp is separate and distinct from and will not be located at the Incident Base. However, all CIMS functional Unit activities that may be performed at the Incident Base may also be performed at a Camp. There may be more than one Camp. If activated, each Camp will be identified by a geographic name or a number. Adequate safety, health, security and force protection measures will be implemented regarding each of the Camps. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-19 DEFINITIONS (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 A Camp(s) may be at the same location for several days or for the entire duration of the incident. When necessary and depending upon the circumstances of the incident, a Camp(s) may be relocated. When appropriate, a Camp(s) may be deactivated. If activated, each Camp will have a Camp Manager assigned. Each Camp Manager is responsible for managing the activities occurring in the Camp, providing non-technical coordination, and coordinating the actions of all of the organizational Units situated within the Camp. Additionally, each Camp Manager will ensure that adequate safety, health, security and force protection measures have been implemented regarding the Camp. One or more Logistics Section Units may be situated at one or more Camps. If a Logistics Section Unit(s) is situated at a Camp(s), it would be managed by an Assistant. Initially, personnel required to staff one or more Logistics Section Units situated at one or more Camps will be determined by the General Staff based upon the nature, size, complexity, location, duration, etc., of the incident and anticipated operations at the involved Camp(s). However, after a Camp(s) is activated, additional required personnel and support will be determined by the Camp Manager. The Camp Manager(s) reports to the Facilities Unit Leader, or if that position is not activated, to the Logistics Section chief. OTHER INCIDENT FACILITIES Depending upon the circumstances, other additional Incident Facilities may be activated and situated within the incident area. These other additional Incident Facilities may be used for: 1. Conducting appropriate support and / or service functions and activities, e.g., Mass Care (Triage / Treatment / Transportation), Mass Casualty Management, Mass Fatality Management / Temporary Morgue, Family Assistance, Mass Decontamination. 2. Providing food, water, lodging, shower, sanitation, etc., services to incident personnel. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-20 CIMS: INCIDENT FACILITIES - STAGING AREA DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To define and describe CIMS Incident Facilities – Staging Area. PROCEDURE When responding to an incident where CIMS has been implemented, Incident Facilities - Staging Area will be defined and described as follows: DEFINITIONS STAGING AREA A Staging Area is a temporary location / facility for situating and organizing resources that are in Available status and may be deployed to incident assignments. It may contain temporary fueling and sanitation facilities. NOTE A Staging Area was formerly referred to as a Mobilization Point. Pursuant to CIMS, there may be more than one Staging Area. However, absent unusual circumstances, there should be only one NYPD Staging Area for NYPD resources. Nevertheless, there may be more than one NYPD Staging Area if: 1. Specialized units, personnel, vehicles, equipment or other specialized resources are required at the incident, e.g., Emergency Services Unit, Mounted Unit, Highway District; or, 2. The incident area is extraordinarily large; or, 3. An extremely large number of personnel, vehicles, equipment or other resources are required at the incident; or, 4. A significant amount of large specialized equipment is required at the incident; or, 5. Confidential / sensitive resources are required at the incident; or, 6. There have been several Operational Periods and the incident has not been resolved and incident operations will continue for a prolonged period of time; or, 7. There are other circumstances that require the activation of more than one Staging Area. Pursuant to CIMS, depending upon the circumstances, different Agencies may have one or more separate Staging Areas; or, different functional / Core Competency Branches may have one or more separate Staging Areas. If more than one Staging Area is required then the Operations Section chief, or Command Element if the Operations Section is not activated, will ensure that an appropriate number of Staging Areas are activated; and, that the activities / functions occurring at each of the Staging Areas are performed in a coordinated manner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-20 DEFINITIONS (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 2 of 4 Resources situated at a Staging Area(s) may be in Available status awaiting a tactical and / or investigative assignment, and should be prepared for assignment / deployment within three minutes. A Staging Area(s) should be used to organize Single Resources into Resource Teams and / or Special Response Teams. Outof-Service resources should not be situated at a Staging Area(s). Logistics functions should not be performed at a Staging Area(s). A Staging Area(s) can be situated at any appropriate location in the incident area. The following factors should be considered when choosing a location to situate a Staging Area(s): 1. The need to be a reasonable and appropriate distance from the incident. 2. The need to have staged resources prepared for expeditious deployment to the incident and / or area of expected assignment. Absent unusual conditions and depending upon the circumstances of the incident, generally, a Staging Area(s) should be located approximately five minutes travel time to an area of anticipated need, assignment, deployment, etc. 3. The need to have a sufficiently large area in order to accommodate the responding resources and the required reserves; and, to have sufficient space to allow for expansion; and, if possible, to have sufficient space for expansion in order to accommodate a Level 3 or Level 4 mobilization. 4. The need to provide adequate workspace and utility / communications service. 5. The need to permit continuous operations. 6. The need to have sufficient access and egress routes and to be easily accessible. 7. The ability to effectively and efficiently implement safety, health, security and force protection measures. When a Staging Area(s) is activated it must be clearly marked and be readily identifiable. Adequate safety, health, security and force protection measures will be implemented regarding the Staging Area(s). A Staging Area(s) will be given a name that describes its general location. A Staging Area(s) may be in the vicinity of or adjacent to other Incident Facilities; but, must have its own separate location and name. The initial boundaries of the Staging Area(s) should be identified and communicated to the Command Element, Communications Section dispatcher and / or supervisor, Command Staff positions, General Staff Sections and each appropriate Supporting Agency / Agency Representative. Additionally, response routes / directions to the Staging Area(s) should be communicated to the responding resources by the Communications Section dispatcher and / or supervisor; or, when necessary, directly by the appropriate incident management organizational element / personnel; or, in any other appropriate manner. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-20 DEFINITIONS (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 3 of 4 A Staging Area(s) may be established for watercraft. A Staging Area(s) may be relocated when necessary. A Staging Area(s) may also be deactivated when appropriate. All Staging Areas are under the direction and control of the Operations Section chief, or the Command Element if the Operations Section has not been activated. The Operations Section chief will ensure that the activities / functions occurring at each of the Staging Areas are performed in a coordinated manner. The Operations Section chief will: a. Determine the appropriate number, Kinds and Types of resources that will be situated at the Staging Area(s); and / or, retained and maintained as reserves at the Staging Area(s). b. Retain and maintain adequate resource reserves at the Staging Area(s), and increase or decrease the reserves when necessary to meet current needs and / or anticipated demands and / or unanticipated contingencies. c. When necessary, request the appropriate authority to have additional required resources respond to the Staging Area(s) for deployment to incident related assignments, or to maintain adequate reserves, or for any other appropriate purposes. The Operations Section chief will ensure that adequate safety, health, security and force protection measures will be implemented regarding the Staging Area(s). The Operations Section chief will designate a Staging Area Manager to control each of the Staging Areas. The Operations Section chief will inform each of the Staging Area Managers of the following: a. The number, Kinds and Types of resources that will be responding to the Staging Area(s). b. Communications procedures, devices, channels, equipment, frequencies and measures that will be utilized. c. Minimum number of resources and specific Kinds and Types of resources that must be retained and maintained as reserves at the Staging Area(s). d. Directions regarding organizing Single Resources into Resource Teams and / or Special Response Teams. e. Procedures for requesting / ordering additional resources. f. Estimated length of time the Staging Area(s) will be activated / utilized. g. Procedures for requesting / ordering logistics service and support. Each of the Staging Area Managers will: a. When appropriate and authorized, organize Single Resources into Resource Teams and / or Special Response Teams. b. Dispatch resources at the direction of the Operations Section chief, or the Command Element if the Operations Section has not been activated. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-20 DEFINITIONS (continued) REVISION NUMBER: PAGE: 08/01/13 c. d. e. f. g. 4 of 4 Request / order Logistics Section service / support as necessary. Ensure adequate safety, health, security and force protection measures are implemented regarding the Staging Area. Monitor and track the number, Kinds, Types and status of resources situated at the Staging Area. Notify the Operations Section chief, or the Command Element if the Operations Section has not been activated, when additional resources should be ordered / requested in order to be deployed to incident related assignments, and / or maintain adequate reserves, and / or for any other appropriate purposes. Frequently inform the Operations Section chief, or the Command Element if the Operations Section has not been activated, regarding the activities / functions occurring at the Staging Area so as to enable the Operations Section chief, or the Command Element if the Operations Section has not been activated, to ensure that the activities / functions at each of the Staging Areas are performed in a coordinated manner. Personnel arriving at the Staging Area(s), will “Check-In” with the Resources Unit, and supplies and equipment delivered to the Staging Area(s), will be receipted for by the Supply Unit. If the Resources Unit and / or the Supply Unit are not activated, the Staging Area Manager(s) will give appropriate direction regarding arriving personnel and / or delivered supplies / equipment. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-21 CIMS: INCIDENT FACILITIES - AIR OPERATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 6 PURPOSE To define and describe CIMS Incident Facilities – Air Operations. PROCEDURE When responding to an incident where CIMS has been implemented, Incident Facilities – Air Operations will be defined and described as follows: DEFINITIONS HELIBASE The main location within the general incident area that will be utilized for: 1. Parking, fueling, repairing, servicing, storing, maintaining, safeguarding / securing, etc., helicopters; and, 2. Loading and unloading helicopters with personnel, equipment, supplies and / or other resources required for incident operations, functions and activities; and, 3. Filling helicopters with water, insecticides, retardants, pesticides, chemicals and / or other substances required for incident operations, functions and activities. The NYPD will activate and manage all Helibases. Absent extraordinary circumstances, only one Helibase will be activated; and, it will be situated at the NYPD Special Operations Division, Aviation Unit facility located at Floyd Bennett Field, Brooklyn. However, pursuant to CIMS and depending upon the circumstances, more than one Helibase may be activated, e.g., very large incidents; incidents with a significant number of aviation / aircraft resources; incidents that require a substantial number of tactical and logistical / support air operations. The NYPD will ensure that an appropriate number of Helibases are activated; and, that the activities / functions occurring at each Helibase are performed in a coordinated manner. The NYPD will ensure that each Helibase is properly situated at an appropriate location and that adequate health, safety, security and force protection measures are implemented regarding each Helibase. If more than one Helibase is activated, usually each additional Helibase will be situated at a location that is pre-designated and approved by the NYPD Aviation Unit, e.g., JFK airport, LaGuardia airport, Police Academy Firearms and Tactics Section Rodmans Neck Range facility, Brooklyn Navy Yard Development Corporation facilities. However, if more than one Helibase is activated, each additional Helibase may be situated at any appropriate location approved by the NYPD Aviation Unit that will: 1. Provide easy and expeditious approach, departure, landing and takeoff helicopter flight paths / routes that do not intrude into or over sensitive, restricted, prohibited, unsafe, etc., areas / airspace; and, 2. Provide safe, flat, clean, unobstructed, conspicuous, etc., landing and takeoff areas; and, 3. Provide adequate work space and utility / communications service; and, NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-21 DEFINITIONS (continued) REVISION NUMBER: PAGE: 08/01/13 4. 5. 6. 7. 8. 2 of 6 Permit continuous operations; and, Allow for expansion; and, Provide easy and expeditious access and egress regarding Logistics Section service and support; and, Provide adequate safety, health, security and force protection; and Be large enough to accommodate the required aviation / aircraft resources and reserves; and, the required service / support related personnel, equipment, vehicles, supplies and resources. If there is only one Helibase activated, the Helibase will be identified by the name of the incident. If there is more than one Helibase activated, each Helibase will be identified by the name of the incident and a number. Absent unusual circumstances, a Helibase(s) will not be relocated. A Helibase(s) may be deactivated when appropriate. A NYPD “Helibase Manager” will be designated to manage and supervise each Helibase. Each NYPD Helibase Manager will be designated by and report directly to the NYPD Air Operations Branch Director if an Air Operations Branch has been activated. If an Air Operations Branch has not been activated or there is no NYPD Air Operations Branch Director, then each NYPD Helibase Manager will be designated by and report directly to the: 1. NYPD Operations Section chief in a Single Operations Section, or NYPD Agency Operations Section chief in a Unified Operations Section, if the Operations Section has been activated; or, 2. NYPD Incident Commander in a Single Command – Command Element, or NYPD Agency Incident Commander in a Unified Command – Command Element, if the Operations Section has not been activated; or, 3. NYPD Supporting Agency / Agency Representative if there is no NYPD Incident Commander or NYPD Agency Incident Commander; and, no NYPD Operations Section chief or NYPD Agency Operations Section chief. Each NYPD Helibase Manager will: 1. Be situated and operate on the ground at the Helibase; 2. Implement adequate safety, health, security and force protection measures regarding the Helibase; 3. Review and evaluate the Incident Action Plan including the Air Operations Plan and, if applicable, the Air Operations Summary Worksheet – ICS 220; a. When appropriate, recommend any necessary modifications to the current Incident Action Plan; b. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-21 DEFINITIONS (continued) REVISION NUMBER: PAGE: 08/01/13 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 3 of 6 When appropriate, participate in planning meetings and assist in the development of the Incident Action Plan particularly the Air Operations Plan and, if applicable, the Air Operations Summary Worksheet – ICS 220. Ensure the Helibase is situated at an appropriate location; Be responsible for all helicopters during takeoff and landing activities at the Helibase, and while situated on the ground at the Helibase; Manage personnel, equipment, vehicles, supplies and other resources situated at the Helibase; Document, monitor and track the number, Kinds, Types and status of resources situated at the Helibase; Ensure required routine and specialized resources are requested from the appropriate authority and are expeditiously provided; Ensure required Logistics Section service / support is provided; Ensure appropriate communications procedures, devices, protocols, equipment, frequencies, systems, networks, etc., are utilized, and proper communications technological and procedural measures are implemented; Implement measures to identify and prevent / eliminate actual and potential hazards and unsafe activities, functions and conditions; Ensure the operations, functions and activities of the pilots, ground personnel, other appropriate incident personnel, and when applicable, personnel located at appropriate off incident sites are properly coordinated. Implement appropriate night flight / aviation procedures and measures; Implement appropriate air traffic control procedures and measures; Ensure helicopter landing and takeoff procedures and measures are properly implemented; Ensure helicopter parking, fueling, repairs, service, storage, maintenance, safeguarding / security is properly performed; Ensure the loading and unloading of helicopters with personnel, equipment, supplies and / or other resources is properly performed a. Ensure the sling / net loading and unloading of helicopters is properly performed; Ensure the filling of helicopters with water, insecticides, retardants, pesticides, chemicals and / or other substances is properly performed; Implement adequate crash, fire suppression, rescue and other safety related procedures and measures; Ensure appropriate records, forms, logs, reports, etc. are prepared; Ensure helicopter “flight / operating / usage time” is accurately documented in compliance with the appropriate specific procedures of the involved Agency(ies); Ensure aviation / aircraft resources related procedures, functions, occurrences, conditions, protocols, measures, activities, etc., are frequently discussed with pilots, ground personnel, other appropriate incident personnel, and when applicable, personnel located at appropriate off incident sites; and, comments and recommendations are obtained and documented; and, any required actions are expeditiously implemented. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-21 DEFINITIONS (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 4 of 6 When necessary, each NYPD Helibase Manager may activate and supervise the following additional NIMS ICS Helibase subordinate incident management positions and designate the NYPD personnel who will perform the duties of each position: a. Deck Coordinator b. Loadmaster c. Parking Tender d. Takeoff and Landing Controller e. Helibase Radio Operator f. Helicopter Timekeeper. When necessary, a NYPD Helibase Manager(s) will activate one or more Helispots; and, designate a NYPD Helispot Manager to manage and supervise each Helispot. A NYPD Helibase Manager(s) will ensure that an appropriate number of Helispots are activated; and, that the activities / functions occurring at each Helispot are performed in a coordinated manner. A NYPD Helibase Manager(s) will ensure that each Helispot is properly situated at an appropriate location; and, ensure that adequate safety, health, security and force protection measures will be implemented regarding each Helispot. HELISPOT A Helispot is a temporary location at the incident where helicopters can land and take off in order to load and unload personnel, equipment, supplies and / or other resources required for incident operations, functions and activities. The NYPD will activate and manage all Helispots. There may be more than one Helispot. The NYPD will ensure that an appropriate number of Helispots are activated; and, that the activities / functions occurring at each Helispot are performed in a coordinated manner. The NYPD will ensure that each Helispot is properly situated at an appropriate location; and, that adequate safety, health, security and force protection measures will be implemented regarding each Helispot. Usually, each Helispot that is activated will be situated at a location that is predesignated and approved by the NYPD Aviation Unit. However, when necessary, each Helispot that is activated may be situated at any appropriate location approved by the Aviation Unit that will: 1. Provide easy and expeditious approach, departure, landing and takeoff helicopter flight paths / routes that do not intrude into or over sensitive, restricted, prohibited, unsafe, etc., areas / airspace; and, 2. Provide safe, flat, clean, unobstructed, conspicuous, etc., landing and takeoff areas; and, 3. Provide adequate safety, health, security and force protection; and 4. Be large enough to accommodate the required aviation / aircraft resources and reserves; and, the required service / support related personnel, equipment, vehicles, supplies and resources. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-21 DEFINITIONS (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 6 Each Helispot will be identified by a name or a number. Each Helispot may be relocated when necessary. Each Helispot may be deactivated when appropriate. A NYPD “Helispot Manager” will be designated to manage and supervise each Helispot. Each NYPD Helispot Manager will be designated by and report directly to a NYPD Helibase Manager if a Helibase(s) has been activated. If a Helibase(s) has not been activated or there is no NYPD Helibase Manager(s), then each NYPD Helispot Manager will be designated by and report directly to the NYPD Air Operations Branch Director if an Air Operations Branch has been activated. If an Air Operations Branch has not been activated or there is no NYPD Air Operations Branch Director then each NYPD Helispot Manager will be designated by and report directly to the: 1. NYPD Operations Section chief in a Single Operations Section, or NYPD Agency Operations Section chief in a Unified Operations Section, if the Operations Section has been activated; or, 2. NYPD Incident Commander in a Single Command – Command Element, or NYPD Agency Incident Commander in a Unified Command – Command Element, if the Operations Section has not been activated; or, 3. NYPD Supporting Agency / Agency Representative if there is no NYPD Incident Commander or NYPD Agency Incident Commander; and, no NYPD Operations Section chief or NYPD Agency Operations Section chief. Absent unusual circumstances, each NYPD Helispot Manager will be either a Police Officer or supervisor assigned to the Emergency Services Unit. Usually, Patrol Services Bureau personnel will be utilized to assist each Emergency Services Unit Helispot Manager. Each NYPD Helispot Manager will ensure adequate health, safety, security and force protection measures are implemented regarding the Helispot. Each NYPD Helispot Manager will: 1. Be situated and operate on the ground at the Helispot; 2. Implement adequate safety, health, security and force protection measures regarding the Helispot; 3. When necessary, review and evaluate the Incident Action Plan including the Air Operations Plan and, if applicable, the Air Operations Summary Worksheet – ICS 220; a. When appropriate, recommend any necessary modifications to the current Incident Action Plan; b. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-21 DEFINITIONS (continued) REVISION NUMBER: PAGE: 08/01/13 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 6 of 6 Ensure the Helispot is situated at an appropriate location; Be responsible for all helicopters during takeoff and landing activities at the Helispot, and while situated on the ground at the Helispot; Manage personnel, equipment, vehicles, supplies and other resources situated at the Helispot; Ensure required routine and specialized resources are requested from the appropriate authority and are expeditiously provided; Ensure required Logistics Section service / support is provided; Ensure appropriate communications procedures, devices, protocols, equipment, frequencies, systems, networks, etc., are utilized, and proper communications technological and procedural measures are implemented; Implement measures to identify and prevent / eliminate actual and potential hazards and unsafe activities, functions and conditions; Ensure the operations, functions and activities of the pilots, ground personnel, other appropriate incident personnel, and when applicable, personnel located at appropriate off incident sites are properly coordinated. Implement appropriate air traffic control procedures and measures; Implement appropriate night flight / aviation procedures and measures; Ensure helicopter landing and takeoff procedures and measures are properly implemented; Ensure the loading and unloading of helicopters with personnel, equipment, supplies and / or other resources is properly performed a. Ensure the sling / net loading and unloading of helicopters is properly performed; Implement adequate crash, fire suppression, rescue and other safety related procedures and measures; Ensure appropriate records, forms, logs, reports, etc. are prepared; Ensure aviation / aircraft resources related procedures, functions, occurrences, conditions, protocols, measures, activities, etc., are frequently discussed with pilots, ground personnel, other appropriate incident personnel, and when applicable, personnel located at appropriate off incident sites; and, comments and recommendations are obtained and documented; and, any required actions are expeditiously implemented. INCIDENT MANAGEMENT RELATED AIRPLANE, BLIMP AND OTHER AVIATION / AIRCRAFT RESOURCE AIR FIELD THAT IS NOT LOCATED AT A CONVENTIONAL AIRPORT The NYPD supervisor managing and directing the tactical and logistical / support air operations and aviation / aircraft resources function will ensure each incident management related airplane, blimp and other aviation / aircraft resource air field that is not located at a conventional airport is situated at an appropriate location; and, is properly managed; and, adequate safety, health, security and force protection measures are implemented. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-22 CIMS: DEMOBILIZATION DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To effectively and efficiently demobilize NYPD resources at an incident / event. PROCEDURE When demobilizing NYPD resources from an incident / event: COMMAND ELEMENT 1. Prior to demobilizing NYPD resources, direct Operations Section chief to have the incident area and associated areas surveyed and: a. Report results to the Command Element. b. Enter results in the Incident Command Post Log. OPERATIONS SECTION CHIEF 2. Prior to demobilizing NYPD personnel and resources, obtain approval from: a. The Command Element b. If appropriate, the Operations Unit; or if activated, the NYPD Emergency Operations Center. Notify NYPD: a. Operations Unit, or if activated, the NYPD Emergency Operations Center. b. Precinct Desk Officer. c. Patrol Borough Command concerned. d. Communications Section. Notify Communications Section Dispatcher and / or Supervisor regarding: (1) Dual dispatching system / procedures that have been in effect; or, (2) Citywide and / or tactical interoperable / shared radio frequencies that have been activated and / or utilized. (3) Other relevant information. Ensure accountability by having a return roll call conducted for all assigned NYPD personnel. 3. 4. NOTE Generally, prior to release from the incident, Resource Teams and Special Response Teams that were created / organized at the incident from responding Single Resources, should be disassembled; and, the Single Resources should be restored to their original resource designation, configuration and organization. This will assist in accounting for all resources by ensuring that resources are released from the incident with the same resource designation, configuration and organization they had upon arrival. 5. 6. 7. 8. 9. Ensure all incident related operations, functions, assignments, tasks, etc., have been completed. Ensure all required incident related forms, reports and documents have been prepared, and other administrative activity has been completed. Have a summary of enforcement activity prepared. Have personnel identified who have performed in a substandard manner or an exceptional manner, and document the performance for subsequent action. Have personnel directed to return borrowed equipment to the appropriate location / Unit. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-22 PAGE: 08/01/13 OPERATIONS SECTION CHIEF (continued) 10. COMMAND ELEMENT 12. 11. 13. 14. 15. 16. 17. 18. 19. 20. FORMS AND REPORTS REVISION NUMBER: 2 of 2 Have NYPD personnel directed to turn their portable radios from the detail frequency back to their standard frequency. Have NYPD personnel debriefed and instructed regarding dismissal procedures. Have NYPD personnel directed to: a. Report directly to their respective desk officers for reassignment; or, b. Conclude their tour if appropriate; or, c. Confer with their incident / event supervisor and / or permanent command supervisor, if there are any questions or problems regarding dismissal procedures or post dismissal actions. Conduct After-Action Review of operations with appropriate members of the Command Staff and General Staff in order to identify and document: a. Successes and failures. b. Tactics that were successful or require evaluation / modification. c. Required changes to Department procedures, the Citywide Incident Management System and / or inter-Agency procedures involving command, tactics, operations, support, investigations, aviation, communications, etc. d. Incident management “Best Practices” and “Lessons Learned.” Have appropriate entries made in the Incident Command Post Log and ensure all appropriate forms, summaries, reports and other appropriate documentation is prepared. Ensure all appropriate equipment, supplies, vehicles, etc., are properly accounted for and returned to the appropriate units; or, if appropriate, properly discarded, i.e., expendable supplies. Have Incident Command Post Log, Incident Command Post vehicle(s), Incident Command Post flag / banner / beacon, appropriate Incident Command Post equipment / supplies, Incident Action Plan(s), DETAIL ROSTER / ASSIGNMENT SHEETS (PD406-141), UNUSUAL OCCURRENCE REPORTS (PD370-152) and other incident related forms, reports, logs, documents, etc., delivered / returned to the appropriate Unit(s). Provide Operations Unit, or if activated, the NYPD Emergency Operations Center, with a summary of the significant incident related occurrences. When appropriate, confer with the Office of the Chief of Department, Operations Division, regarding the need to conduct a NYC Office of Emergency Management (OEM), multi-agency “Joint After-Action Review.” Order demobilization of Incident Facilities, including the Operations Section Post, and if activated, the Intelligence / Investigations Post. Order the demobilization of the Command Staff positions and General Staff Sections, as appropriate. Demobilize the Incident Command Post and the Command Element. DETAIL ROSTER / ASSIGNMENT SHEET (PD406-141) UNUSUAL OCCURRENCE REPORT (PD370-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-23 CIMS: AIR OPERATIONS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 4 PURPOSE To describe Air Operations in CIMS. PROCEDURE In NYC, the NYPD directs incident management related tactical and logistical/support air operations involving helicopter, airplane, blimp and other aviation / aircraft resources. Therefore, absent unusual circumstances, in NYC, the NIMS ICS Air Operations Branch structure will not be utilized. However, during major incidents to which state and / or federal aviation resources are deployed, the NIMS ICS Air Operation Branch structure, or other appropriate organizational structure, may be used to integrate state and federal aviation resources with NYPD tactical and logistical / support air operations and aviation / aircraft resources. In NYC, tactical and logistical / support air operations and aviation / aircraft resources will be managed and directed by the: (1) NYPD Operations Section chief in a Single Operations Section, or NYPD Agency Operations Section chief in a Unified Operations Section, if the Operations Section has been activated; or, (2) NYPD Incident Commander in a Single Command – Command Element, or NYPD Agency Incident Commander in a Unified Command – Command Element, if the Operations Section has not been activated; or (3) NYPD Supporting Agency / Agency Representative if there is no NYPD Incident Commander or NYPD Agency Incident Commander; and, no NYPD Operations Section chief or NYPD Agency Operations Section chief. Upon arriving at the scene of an incident that requires Air Operations or aviation / aircraft resources, the following procedures will be followed: OPERATIONS SECTION CHIEF 1. 2. Manage and direct tactical and logistical /support air operations and aviation / aircraft resources including helicopter (rotary-wing), airplane (fixed-wing) and blimp (airship) aircraft. When necessary, activate an Air Operations Branch within the Operations Section and designate a NYPD Air Operations Branch Director to manage and direct tactical and logistical / support air operations and aviation / aircraft resources. a. A NYPD Air Operations Branch Director will select an appropriate location to remain and manage / direct all of the tactical and logistical / support air operations and aviation / aircraft resources, functions and activities: (1) Be situated and operate on the ground at the incident; (2) Absent unusual circumstances, be situated at the Operations Section Post. b. When necessary, a NYPD Air Operations Branch Director may designate a Deputy or Deputies. (1) The Deputy is the counterpart of the principal; NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-23 REVISION NUMBER: PAGE: 08/01/13 (2) OPERATIONS SECTION CHIEF (continued) 3. 4. 5. 6. 2 of 4 The Deputy may be member of a different Agency / Jurisdiction than the principal. c. If unusual circumstances exist, when necessary, additional Air Operations Branch subordinate incident management organizational elements may be activated, e.g., Air Tactical Group, Air Support Group; and, additional NYPD Air Operations Branch subordinate incident management positions may be designated, e.g., Air Tactical Group Supervisor, Air Support Group Supervisor, Helicopter Coordinator(s), Fixed-Wing Coordinator(s). Request tactical and logistical / support air operations and aviation / aircraft resources in accordance with the applicable NYPD procedures in the following manner: a. A request for assistance that requires an immediate response to support the incident management related operations, functions and activities of the NYPD, will be made to the Communications Section dispatcher and / or supervisor. b. A request for assistance that does not require an immediate response to support the incident management related operations, functions and activities of the NYPD, will be made to the Operations Unit or, if activated, the NYPD Emergency Operations Center. c. If exigent circumstances exist, a request for assistance to support the incident management related operations, functions and activities of the FDNY, DEP, DOHMH and / or other appropriate governmental agencies, non-governmental organizations and / or private entities / individuals, will be made to the Communications Section dispatcher and / or supervisor. d. If no exigent circumstances exist, a request for assistance to support the incident management related operations, functions and activities of the FDNY, DEP, DOHMH and / or other appropriate governmental agencies, non-governmental organizations and / or private entities / individuals, will be made to the Operations Unit or, if activated, the NYPD Emergency Operations Center. Ensure adequate safety, health, security and force protection measures are implemented regarding the tactical and logistical / support air operations and aviation / aircraft resources. When necessary, notify the Operations Unit, or if activated, the NYPD Emergency Operations Center, and request one or more appropriate Temporary Flight Restrictions (TFRs) be approved / implemented by the Federal Aviation Administration (FAA). Ensure an appropriate number of Helibases are activated, and that the activities / functions occurring at each Helibase are performed in a coordinated manner, and that a NYPD Helibase manager is designated to supervise and manage each Helibase. a. Ensure each Helibase is situated at an appropriate location and is properly managed; NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-23 REVISION NUMBER: PAGE: 08/01/13 b. OPERATIONS SECTION CHIEF (continued) 7. 8. 9. 10. 11. 12. 3 of 4 Ensure each Helibase Manager is situated and operates on the ground at the Helibase; c. Ensure adequate safety, health, security and force protection measures are implemented regarding each Helibase; d. Absent extraordinary circumstances, only one Helibase will be activated; and, it will be situated at the NYPD Special Operations Division, Aviation Unit facility located at Floyd Bennett Field, Brooklyn. Ensure an appropriate number of Helispots are activated, and that the activities / functions occurring at each Helispot are performed in a coordinated manner, and that a NYPD Helispot Manager is designated to supervise and manage each Helispot. a. Ensure each Helispot is situated at an appropriate location and is properly managed; (1) When appropriate, each Helispot may be deactivated and / or relocated. b. Absent unusual circumstances, ensure each NYPD Helispot Manager is either a Police Officer or supervisor assigned to the Emergency Services Unit. (1) Patrol Services Bureau personnel will be utilized to assist each Emergency Services Unit Helispot Manager. c. Ensure each Helispot Manager is situated and operates on the ground at the Helispot. d. Ensure adequate safety, health, security and force protection measures are implemented regarding each Helispot. Ensure each incident management related airplane, blimp and other appropriate aviation / aircraft resource air field that is not located at a conventional airport is situated at an appropriate location and is properly managed; a. Ensure adequate safety, health, security and force protection measures are implemented. Maintain a liaison and coordinate with each incident management related airplane, blimp and other appropriate aviation / aircraft resource air base that is located at a conventional airport. Review and evaluate the Air Operations Plan and, if applicable, the Air Operations Summary Worksheet – ICS 220; a. When appropriate, recommend any necessary modifications; b. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. Ensure there are sufficient helicopter, airplane, blimp and other appropriate aviation / aircraft resources; a. Estimate / forecast future helicopter, airplane, blimp and other appropriate aviation / aircraft resources requirements. Ensure there are sufficient personnel, equipment, supplies and other routine and / or specialized resources, service and support; NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-23 OPERATIONS SECTION CHIEF (continued) REVISION NUMBER: PAGE: 08/01/13 a. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 4 of 4 Estimate / forecast future personnel, equipment, supplies and other routine and / or specialized resources, service and support requirements. Ensure adequate aviation / aircraft resource reserves are maintained, and the resource reserves are increased or decreased when necessary. Ensure the number, Kinds and Types of aviation / aircraft resources; and, the status, capabilities and limitations of aviation / aircraft resources is accurately documented, monitored and tracked. Ensure appropriate communications procedures, devices, protocols, equipment, frequencies, systems, networks, etc., are utilized, and proper communications technological and procedural measures are implemented. Implement measures to identify and prevent / eliminate actual and potential hazards and unsafe activities, functions and conditions. Implement adequate crash, fire suppression, rescue and other safety related procedures and measures. Ensure appropriate air traffic control procedures and measures are implemented. Ensure aviation / aircraft resource flight, approach, departure, landing, takeoff, loading, unloading, filling, parking, fueling, repairs, service, storage, maintenance, safeguarding / security, etc., procedures and measures are properly implemented. Ensure tactical and logistical / support air operations and aviation / aircraft resources are properly coordinated at the incident, and when applicable, at appropriate off incident sites. Ensure sufficient aviation / aircraft resources are continuously available to perform emergency operations, functions and activities. When necessary, ensure only approved / authorized non incident management related aviation aircraft resources are permitted to enter the incident areas / airspace. Investigate incidents and resolve conflicts regarding tactical and logistical / support air operations and aviation / aircraft resources. Ensure any incident related aviation / aircraft resource accidents and / or potential accidents that were barely avoided, i.e., “near misses” are properly investigated. Ensure appropriate records, forms, logs, reports, etc. are prepared. Ensure aviation / aircraft resource “flight / operating / usage time” is accurately documented in compliance with the appropriate specific procedures of the involved Agency(ies). Continually monitor / evaluate the organizational structure and effectiveness of the tactical and logistical / support air operations and aviation / aircraft resources function, and the performance of the Deputy(ies), Managers, Supervisors, Coordinators and assigned personnel. a. Make appropriate modifications when necessary. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-24 CIMS: “CHECK IN” PROCESS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To describe the “Check In” process at an event. PROCEDURE When responding to an incident, the following “Check In” process will be followed: DEFINITION “CHECK-IN” PROCESS1. The “Check-In” process formally records personnel and equipment as being present at and assigned to the incident; and, provides important basic information that will be used for tracking the number, location and status of the resources. The Check-In process assists the Command Element by enhancing the incident management organization’s ability to easily: a. Ensure resource accountability. b. Track and identify the number, location and status of resources. c. Assign and reassign resources. d. Locate personnel for emergency notifications. e. Prepare accurate time and overtime records. f. Plan for demobilization. g. Demobilize and release resources. 2. The Resources Unit will perform the Check-In function at designated incident locations. If the Resources Unit has not been activated, the Planning Section chief will perform the Check-In function. If the Planning Section has not been activated, the Command Element will perform the Check-In function. 3. A “Check-In Recorder” will be assigned to each location where Resources will Check-In. The Check-In Recorder: a. Must have an adequate supply of Check-In forms / DETAIL ROSTER / ASSIGNMENT SHEETS (PD406-141), or other appropriate Check-in forms, logs, records, etc. b. Must be informed regarding the frequency and schedule for providing / reporting Check-In information to the Resources Unit. c. Should determine if resources that Check-In can be electronically recorded / documented. 4. Within NYC pursuant to CIMS, there are four locations where Check-In may occur: a. Staging Area(s) Resources should Check-In with the Resources Unit at the Staging Area(s). If the Resources Unit is not activated, resources should CheckIn with the Staging Area Manager. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-24 PAGE: 08/01/13 b. DEFINITION (continued) c. d. FORMS AND REPORTS REVISION NUMBER: 2 of 2 Incident Command Post Resources should Check-In with the Resources Unit at the Incident Command Post. When applicable, Intelligence / Investigations Section Post. When applicable, investigative resources will Check-In at the Intelligence / Investigations Section Post with the Resources Unit that will be co-located with the Investigative Support Group, if activated. If the Resources Unit is not activated, investigative resources will Check-In at the Intelligence / Investigations Section Post with the Investigative Support Group, if activated, if neither the Resource Unit nor the Investigative Support Group are activated, investigative resources should Check-In with the Intelligence / Investigations Section chief. Helibase(s) In NYC, Check-In may be performed at a Helibase(s); however absent extraordinary circumstances, Check-In will not occur at a Helibase(s). 5. Outside NYC, under NIMS ICS, there are an additional two locations where Check-In may occur: a. Incident Base Absent extraordinary circumstances an Incident Base will not be activated in New York City. b. Camp(s) Absent extraordinary circumstances a Camp(s) will not be activated in New York City. 6. Pursuant to CIMS, absent extraordinary circumstances, resources must formally Check-In before reporting to the Operations Section or Sectors or Groups or Branches for assignment. DETAIL ROSTER / ASSIGNMENT SHEETS (PD406-141) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-25 CIMS: RESOURCES DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 5 PURPOSE To define and describe CIMS Resources. PROCEDURE When responding to an incident, Resources will be defined and described as follows: DEFINITIONS RESOURCES - personnel, teams, equipment, supplies, vehicles, aircraft, watercraft and facilities that are available or potentially available for assignment or allocation to support incident management and emergency response activities. NOTE Non-law enforcement resources, particularly firefighting resources, have been formally categorized by “Kind” and “Type.” Law enforcement resources have NOT been formally categorized by “Kind” and “Type.” However, an effort currently is underway to develop appropriate metrics and to formally categorize law enforcement resources by Kind and Type. a. “Kind”: Kind refers to broad classes that characterize similar resources, such as teams, personnel, equipment, supplies, vehicles, watercraft, facilities and aircraft. The term may also be used to specifically categorize a particular resource, e.g., marked patrol car, unmarked car, nondescript car, undercover car, van, truck, tractor trailer, two wheeled scooter, three wheeled scooter or motorcycle. b. “Type”: Refers to the level of resource capability based upon its power, size or capacity. Resource Type is designated by a Roman numeral with I representing the greatest capability and IV representing the least capability. The Type assigned to a resource or a Component is based on a minimum level of capability described by the identified metric(s) for that resource. In some cases, a resource may have less than or more than four Types; and, additional Types will be identified or the Type will be described as “not applicable.” Resources are categorized as: SINGLE RESOURCE – A Single Resource may perform a particular assignment and includes: Single resources include: a. A single vehicle including the operator / crew; b. A single watercraft including the operator / crew; c. A single aircraft including the operator / crew; d. A single item of equipment including the operator / crew; e. Single personnel; f. Single personnel and an animal, i.e., dog, horse; g. A formally pre-designated “team” of two or more personnel, including an identified work supervisor, i.e., “Squad”, “Mobile Field Force.” NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-25 REVISION NUMBER: PAGE: 08/01/13 2 of 5 NOTE Appendix “A”, lists examples of NYPD Single Resources. DEFINITIONS (continued) RESOURCE TEAM - a combination of the same “Kinds” and “Types” of Single Resources assembled to perform a particular tactical assignment. A Resource Team must have: a. A designated Leader; and, b. Appropriate transportation if necessary; and, c. Common communications between (1) The respective resources, and (2) The respective resources and the Leader, and (3) The Leader and the Leader’s designated supervisor, e.g., Group Supervisor, Sector Supervisor, Branch Director, Section chief. NOTE When assembling a Resource Team, CIMS Span of Control principles should not be violated. SPECIAL RESPONSE TEAM - any combination and number of different “Kinds” and “Types” of Single Resources assembled to perform a particular tactical assignment. A Special Response Team must have: a. A designated Leader; and, b. Appropriate transportation if necessary; and, c. Common communications between: (1) The respective resources, and (2) The respective resources and the Leader, and (3) The Leader and the Leader’s designated supervisor, e.g., Group Supervisor, Sector Supervisor, Branch Director, Section chief. NOTE When assembling a Special Response Team(s), CIMS Span of Control principles should not be violated. STATUS CONDITIONS In order to maintain accurate current information regarding resource utilization and resource needs, all resources must be assigned a specific defined “status” condition. The three specific status conditions that are used for tracking resources at an incident are: 1. 2. Assigned: Resources (personnel that have Checked-In and equipment that has been receipted for) assigned to an incident that are performing work tasks at the incident under the direction of a supervisor; or, in the case of equipment and facilities, resources that are performing a function supporting incident operations. Available: Resources (personnel that have Checked-In and equipment that has been receipted for) assigned to an incident that are ready for an assignment / deployment; or, in the case of equipment and facilities, NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-25 REVISION NUMBER: PAGE: 08/01/13 DEFINITIONS (continued) 3. 3 of 5 resources that are ready for a specific function. Resources in “Available” status awaiting a tactical or investigative assignment should be ready for deployment within three minutes. Resources (personnel that have Checked-In and Out-of-Service: equipment that has been receipted for) assigned to an incident, that are not able to be assigned to a work task / function or Available for assignment to a work task / function due to mechanical, rest, illness, injury, staffing, environmental, financial, etc., reasons; or, because their condition makes them unusable. An Out-of-Service resource is not ready / capable of being in the Available or Assigned status. RESOURCE STATUS CHANGES - Resource status is maintained and changed by the supervisor to whom the respective resource is assigned. Changes in resource status may be made by: 1. Command Element 2. Operations Section chief(s) 3. Branch Director(s) 4. Sector Supervisor(s) 5. Group Supervisor(s) 6. Resource Team and / or Special Response Team Leader(s) 7. When applicable Intelligence / Investigations Section chief 8. When applicable Intelligence / Investigations Section Group Supervisor(s) 9. Unit Leader(s) 10. Manager(s) NOTE Any change in resource status that is longer than several minutes must be communicated to the appropriate CIMS organizational element. Absent extraordinary circumstances, the individual changing the status of the resource will ensure that the status change is promptly communicated through the appropriate chain of command to the individual or incident management organizational element responsible for maintaining / tracking the status of resources assigned to the incident. RESOURCE STATUS TRACKING SYSTEMS a. Manual Records / Forms b. Pre-formatted Resource Information Cards c. Magnetic Symbols and Maps d. Magnetic Symbols and Status Boards e. Electronic Status Boards f. Computer Applications, i.e., Spreadsheets, Databases, etc. PLANNING SECTION / RESOURCES UNIT - All changes in the number, location and status of resources are promptly reported to the Resources Unit; or if not activated, the Planning Section chief; or if not activated, the Command Element. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-25 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 ADDITIONAL DATA 4 of 5 Appendix “A” Examples of NYPD Single Resources: Non-Supervisory uniformed member of the service, i.e., Officer Supervisory uniformed member of the service, i.e., Sergeant, Lieutenant, Captain, etc. Non-Supervisory civilian member of the service, i.e., School Safety Officer, Traffic Enforcement Agent, Motor Vehicle Operator, Police Administrative Aide, Police Communications Technician, etc. Supervisory civilian member of the service, i.e., Traffic Supervisor Level I, Traffic Supervisor Level II, School Safety Agent Level III, Supervisor of School Security, Associate Supervisor of School Security, Senior Police Administrative Aide, Principal Administrative Associate, etc. Squad: 1 Sergeant + 8 Police Officers Mobile Field Force: 2 Squads to 6 Squads Patrol Borough Task Force / Mobile Field Force Radio Motor Patrol Auto (RMP) + 2 Officers Marked Van + crew Scooter + operator Patrol Wagon + crew NYPD Ambulance + crew Highway RMP + crew (1 Highway District Officer or 2 Highway District Officers) Highway Motor Carrier Safety Unit RMP + crew Motorcycle + operator Motorcycle Squad: Usually 1 Highway District Sergeant + 5 Highway District Officers on Motorcycles Mounted Unit Horse + Mounted Unit Officer Mounted Unit Squad: Usually 1 Mounted Unit Sergeant + 5 Mounted Unit Officers on horses Patrol Canine + K-9 Officer Narcotics Detecting Canine + handler NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-25 ADDITIONAL DATA (continued) DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 5 of 5 Appendix “A” (continued) Explosives Detecting Canine (EDC) + handler Bomb Squad Robot / Remote Mobile Investigator (RMI) + crew Total Containment Vessel (TCV): 1 ESU REP + crew towing 1 TCV Bomb Squad Response Team: Van + 2 Bomb Squad Officers + EDC + Bomb Squad RMI ESU Radio Emergency Patrol Vehicle (REP) + 2 ESU Officers ESU Truck + crew ESU Breathing Apparatus Truck (BAT) + crew ESU Mobile Light Generator Truck (MLG) + crew ESU Mobile Alternative Light Truck (MALT) + crew ESU Photo Observation Truck (POT) + crew ESU Construction Accident Response Vehicle (CARV) + crew ESU Bearcat Armored Vehicle + crew ESU Peace Keeper Armored Vehicle + crew ESU Entry Team: 1 ESU Sergeant and 7 to 8 ESU Officers + appropriate vehicle(s) ESU Counter Assault Car (CAT Car): Non descript Suburban vehicle + 1 ESU Sergeant and 4 ESU Officers ESU Apprehension Team (A Team): Unmarked Truck + 1 ESU Sergeant and 7 to 10 ESU Officers ESU Tactical Robot / Remote Mobile Investigator (RMI) + 2 ESU Officers Aviation Unit Helicopter + crew Harbor Unit Launch + crew Technical Assistance Response Unit (TARU) Vehicle + crew Barrier Truck + crew Box Truck + crew Tractor Trailer + crew NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-26 CIMS: RESOURCE ASSIGNMENTS DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 2 PURPOSE To specify where arriving resources will initially be assigned at an incident. PROCEDURE After formal “Check In”, arriving resources will initially be assigned to the following locations at an incident: STAGING AREA Assignment to a Staging Area(s) 1. After formal Check-In, incoming resources may be assigned to a Staging Area(s) for the following reasons: a. Resources may be assigned / deployed during the current Operational Period. b. Resources are needed to provide a reserve. c. Single Resources may be organized into Special Response Teams and / or Resource Teams prior to assignment / deployment. 2. As part of the planning process, the Operations Section chief will decide what number, Kinds and Types of resources will be situated at the Staging Area(s). This decision is based upon the need to retain and maintain adequate reserves to meet current needs and / or anticipated demands and / or unanticipated contingencies. 3. The Operations Section chief will brief the Staging Area Manager(s) regarding how the Staging Area(s) should be managed. This briefing should include: a. The number, Kinds and Types of resources that will be responding to the Staging Area(s). b. Communications procedures, devices, frequencies and measures that will be used. c. Minimum number of resources and specific Kinds and Types of resources that must be retained and maintained as reserves. d. Procedures for ordering / requesting additional resources. e. Estimated length of time the Staging Area(s) will be activated / utilized. f. Procedures for ordering / requesting logistics service and support. 4. The Staging Area Manager(s) must monitor the status of resources in the Staging Area(s), and inform the Operations Section chief : a. When minimum levels of resources are about to be reached; b. If any additional resources should be requested / ordered. 5. The Operations Section chief must be concerned about the cost, morale, and political implications of retaining and maintaining resources for long periods of time at one or more Staging Areas. This is particularly true regarding expensive equipment and personnel that have been rented / leased from private entities and resulting significant costs may possibly be incurred. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-26 PAGE: 08/01/13 6. STAGING AREA (continued) REVISION NUMBER: 7. 2 of 2 After Check-In at a Staging Area, Single Resources will often be organized into Resource Teams and / or Special Response Teams, and deployed / assigned to incident related functions, operations and activities. The number, composition and deployments / assignments of the Resource Teams and Special Response Teams may continue for the entire incident, or they may change based upon incident needs. Resource Teams and Special Response Teams created / organized at the incident should always be disassembled prior to release from the incident. In order to ensure proper resource accountability, each resource should be demobilized and leave the incident with the same resource designation, configuration and organization that the resource had upon arrival. SECTORS OR GROUPS Assignment to Sectors or Groups or Branches 1. After formal Check-In, during rapidly expanding incidents, tactical resources may immediately be assigned to the Operations Section; or, if activated, Sectors or Groups or Branches. In these situations, the tactical resources must always immediately report to the Operations Section chief or a designated Sector Supervisor or designated Group Supervisor or designated Branch Director to be given a specific assignment. 2. Outside of NYC, under NIMS ICS, during rapidly expanding incidents, prior to formal Check-In, tactical resources may be assigned directly to the Operations Section; or, if activated, directly to Sectors or Groups or Branches. In these situations, the tactical resources must report directly to a designated Sector Supervisor or designated Group Supervisor or designated Branch director to be given a specific assignment; and, formal Check-In will occur at a later time when the resource is assigned to a Staging Area or is in Out-of Service status. NIMS ICS acknowledges that this is not the preferred way of deploying arriving additional resources. INCIDENT BASE Assignment to the Incident Base 1. Absent extraordinary circumstances, an Incident Base will not be activated in New York City. 2. Outside of NYC, under NIMS ICS, after formal Check-In, tactical resources are often assigned to the Incident Base when the resources are not scheduled for use during the current Operational Period. 3. Outside of NYC, under NIMS ICS, for resources that have traveled a significant distance, are assigned to the Incident Base in an Out-of-Service status in order to provide time for briefings and rest / rehabilitation prior to being deployed to an assignment during the subsequent Operational Period. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-27 CITYWIDE INCIDENT MANAGEMENT SYSTEM (CIMS) - 201 INCIDENT BRIEFING FORM (ICS FORM 201) DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 7 PURPOSE To properly document the response and summarize the actions taken at the scene of an emergency incident in which the Citywide Incident Management System (CIMS) has been implemented. SCOPE Proper preparation of the CIMS 201 Incident Briefing Form (see Appendix “A” and form attached) provides basic information regarding the emergency incident and the resources allocated to the emergency incident. The Form will serve as a reference document for the initial emergency incident response, summarize the actions taken at the scene and will be the source document that will be used to prepare a written Incident Action Plan (IAP), if a written IAP is necessary. The Incident Briefing Form will not be a component of the IAP for preplanned events. PROCEDURE When managing an emergency incident under Patrol Guide 220 Series, “Citywide Incident Management System”: INCIDENT COMMANDER 1. 2. NOTE Direct and ensure the CIMS 201 Incident Briefing Form is prepared on all emergency incidents when: a. Directed by a captain or above based on the magnitude, type, severity and duration of the emergency incident b. It is likely that the emergency incident will extend beyond one “Operational Period” c. The response to emergency incident exceeds four hours and results in the allocation of significant resources and or personnel d. A Unified Command-Command Element is established e. The NYPD is the Incident Commander in a Single CommandCommand Element; and several Supporting Agencies are significantly involved in the emergency incident management efforts f. An Incident Management Team (IMT) is activated to manage the emergency incident. Attach a copy of the CIMS 201 Incident Briefing Form to the UNUSUAL OCCURRENCE REPORT (PD370-152) or Typed Letterhead, if prepared. a. If UNUSUAL OCCURRENCE REPORT or Typed Letterhead is not prepared, file CIMS 201 Incident Briefing Form at the precinct of occurrence. The information from the CIMS 201 Incident Briefing Form can be used as a reference or source document for the preparation of a written Incident Action Plan (IAP). The following describes how the four pages of the CIMS 201 Incident Briefing Form can be used in future forms or documents: Page 1- Map/Sketch: may be used as the Situation Map. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-27 NOTE (continued) PAGE: 08/01/13 Page 2- Page 3- Page 4- ADDITIONAL DATA REVISION NUMBER: 2 of 7 Incident Objectives: may be used to prepare CIMS 202 Incident Objectives Form. Summary of Current Actions: may be used to continue tracking the response actions and as a reference document for the CIMS 215 Operational Planning Worksheet. Current Organization: may be used as a reference document for the CIMS 203 Organization Assignment List and/or CIMS 207 Organizational Chart. Resources Summary: may be used to continue tracking resources assigned to the incident. After the initial briefing of the Command Element (Single or Unified), Command Staff officers and General Staff Section chiefs, the CIMS 201 Incident Briefing Form shall be duplicated and distributed as necessary to the Branch Directors, Sector/Group Supervisors and appropriate Planning and Logistics Section Unit Leaders. The sketch map and summary of current action portions (pages 1, 2) of the CIMS 201 Incident Briefing Form will be provided to the Planning Section / Situation Unit, if activated. The Current Organization and Resources Summary portions (pages 3, 4) will be provided to the Planning Section / Resource Unit, if activated. All completed original forms MUST be forwarded to the Planning Section / Documentation Unit, if activated. Copies of all Incident Action Plans will be forwarded to and archived at the Office of the Chief of Patrol. RELATED PROCEDURES Citywide Incident Management System (CIMS) (P.G. 220 Series) Unusual Occurrence Reports (P.G. 212-09) FORMS AND REPORTS CIMS 201 Incident Briefing Form (ICS Form 201) CIMS 202 Incident Objectives Form CIMS 203 Organization Assignment List CIMS 207 Organizational Chart CIMS 215 Operational Planning Worksheet Incident Action Plan (IAP) Typed Letterhead UNUSUAL OCCURRENCE REPORT (PD370-152) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-27 REVISION NUMBER: PAGE: 08/01/13 3 of 7 APPENDIX “A” Preparation of CIMS 201 Incident Briefing Form (ICS Form 201) Caption # Caption Title Instructions 1. 2. 3. 4. 5. 6. 7. 8. Incident Name Date Time Incident Location Precinct Box Map/Sketch Prepared by Enter the name assigned to the incident. Enter date prepared (month, day, and year). Enter time of incident. Enter incident location. Enter Precinct of incident. Fire box number and location. Show the total Area of Operations, the incident site, etc. Enter the name and position of the person completing the form. 9. Date Time Enter date prepared (month, day, and year). Enter time prepared (24-hour clock). 10. Initial Incident Objectives Enter short, clear, concise statements of the objectives, for managing the initial response. 11. Summary of Current Actions Enter the actions taken in response to the incident, including the time and note any significant events or specific problem areas. 12. Current Organization Enter, on the organization chart, the names of the individuals assigned to each position. Modify the chart as necessary, using additional boxes in the space provided under the Sections. Utilize the blank lines provided for a Unified Command for adding other agencies or responsible parties. 13. Resource Summary Enter the following information about the resources allocated to the Incident: Description of the resource needed. Time ordered (24-hour clock). Identifier for the resource (e.g., radio call-sign, vessel name, vendor name, license plate, etc.). Estimated time for the resources to arrive at the staging area. “X” Upon the resource’s arrival. Location of the resource, the actual assignment, the status of the resource (if other than working) and the contact name and number of resource. Resources Needed Time Ordered Resource Identifier ETA On-Scene Location/Assignment NOTE Additional pages may be added to the CIMS 201 Incident Briefing Form, if needed. All copies of the CIMS 201 Incident Briefing Form should be attached to the UNUSUAL OCCURRENCE REPORT. NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: 220-27 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 NEW YORK CITY POLICE DEPARTMENT 4 of 7 PATROL GUIDE PROCEDURE NUMBER: 220-27 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 NEW YORK CITY POLICE DEPARTMENT 5 of 7 PATROL GUIDE PROCEDURE NUMBER: 220-27 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 NEW YORK CITY POLICE DEPARTMENT 6 of 7 PATROL GUIDE PROCEDURE NUMBER: 220-27 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 NEW YORK CITY POLICE DEPARTMENT 7 of 7 PATROL GUIDE Section: Citywide Incident Management Procedure No: 220-28 CITYWIDE INCIDENT MANAGEMENT SYSTEM (CIMS) INCIDENT MANAGEMENT TEAM (IMT) ACTIVATION/DEPLOYMENT PROTOCOL DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 3 PURPOSE To activate and deploy an Incident Management Team (IMT) at an emergency incident or planned event. SCOPE When managing an emergency incident or planned event under Patrol Guide 220 Series, “Citywide Incident Management System:” DEFINITIONS a. A NYPD Citywide Incident Management Team may be activated by the Police Commissioner, First Deputy Commissioner or the Chief of Department, based on the size, complexity and duration of the emergency incident or planned event. b. A NYPD Borough Incident Management Team may be activated by the Chief of Patrol, or Patrol Borough Commander concerned, for an emergency incident or planned event occurring within their jurisdiction, or in his / her absence the Duty Chief, based on the size, complexity and duration of the emergency incident or planned event. c. A NYPD Transit Bureau Incident Management Team may be activated by the Chief of Transit concerning an emergency incident or planned event occurring within the Transit jurisdiction, or in his / her absence the Duty Chief, based on the size complexity and the duration of the emergency incident or planned event. d. A NYPD Housing Bureau Incident Management Team may be activated by the Chief of Housing concerning an emergency incident or planned event occurring within the Housing jurisdiction, or in his / her absence the Duty Chief, based on the size, complexity and the duration of the emergency incident or planned event. INCIDENT MANAGEMENT TEAM (IMT) – The Command Element and the appropriate Command Staff and General Staff personnel assigned to an incident. (NIMS) COMMAND ELEMENT – The individual(s) responsible for performing the Command function in an incident management organization. (CIMS) COMMAND STAFF – The Command Staff consists of: Public Information officer Safety officer Liaison officer NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-28 DEFINITIONS (continued) REVISION NUMBER: PAGE: 08/01/13 2 of 3 GENERAL STAFF – The General Staff consists of: Operations Section chief Planning Section chief Logistics Section chief Finance / Administration Section chief Intelligence / Investigations Section chief INCIDENT ACTION PLAN (IAP) – Contains Incident Objectives reflecting the overall incident strategy and specific tactical actions and supporting information for the next Operational Period. The Plan may be oral or written. When written, the Plan may have a number of forms as attachments (e.g., traffic plan, safety plan, communications plan, map, etc.). OPERATIONAL PERIOD – The period of time scheduled for execution of a given set of operation actions as specified in the Incident Action Plan. Operational Periods can be of various lengths, although usually not over twentyfour hours. (CIMS) ADDITIONAL DATA NOTE The following is a list of situations that may require the activation / deployment of a Citywide, Borough or Bureau IMT: a. The Department activates “Stand Alone” protocols according to the type, severity and the anticipated duration of an emergency incident or planned event. The Police Commissioner may activate the Citywide IMT to act as the Area Command at the Emergency Operations Center (ECO), and the affected Borough(s) or Bureau(s) may activate their Borough or Bureau IMT(s). b. It is likely an emergency incident or planned event will extend into multiple Operational Periods (beyond twenty-four hours). A formal written Incident Action Plan (IAP) will be required. In all cases where emergency incident or planned event extends into multiple Operational Periods (beyond twenty-four hours), a formal written Incident Action Plan (IAP) will be required. c. A Unified Command – Command Element is established, utilizing resources from multiple agencies in the mitigation of an incident and the duration is expected to exceed twenty-four hours. d. A Declaration of Disaster has been made, as defined in the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93288) as amended. e. A National Special Security Event is scheduled to occur in New York City (e.g., UNGA, RNC). NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE PROCEDURE NUMBER: DATE EFFECTIVE: 220-28 ADDITIONAL DATA (continued) REVISION NUMBER: PAGE: 08/01/13 3 of 3 f. An Incident of National Significance occurs outside New York City that could have a substantial impact on New York City (e.g., terrorist attack, prolonged utility outages in the surrounding region, mass transportation interruptions). g. Substantial resources are required from city, state and / or federal agencies to manage an emergency incident. h. A natural disaster occurs that affects New York City or the surrounding areas and requires the coordination of substantial resources (e.g., hurricane, floods). i. An incident occurs that creates a significant health risk to a large segment of the population of New York City or the surrounding areas (e.g., Pandemic Influenza, HazMat, CBRN). j. A civil disturbance type incident occurs and requires significant Department resources to manage the incident. RELATED PROCEDURES Mobilizations/Emergency Incidents (P.G. 213 Series) Rapid Mobilization (P.G. 213-03) Citywide Incident Management System (CIMS) (P.G. 220 Series) CIMS: Command Element (P.G. 220-05) CIMS: Public Information Officer (P.G. 220-06) CIMS: Safety Officer (P.G. 220-07) CIMS: Liaison Officer (P.G. 220-08) CIMS: Operations Section Chief (P.G. 220-09) CIMS: Planning Section Chief (P.G. 220-10) CIMS: Logistics Section Chief (P.G. 220-11) CIMS: Finance/Administration Section Chief (P.G. 220-12) CIMS: Intelligence/Investigations Section Chief (P.G. 220-13) FORMS AND REPORTS Incident Action Plan (IAP) NEW YORK CITY POLICE DEPARTMENT PATROL GUIDE Section: General Procedure No: 200-02 MISSION AND VALUES OF THE NEW YORK CITY POLICE DEPARTMENT DATE ISSUED: 08/01/13 DATE EFFECTIVE: REVISION NUMBER: PAGE: 08/01/13 1 of 1 MISSION The mission of the New York City Police Department is to enhance the quality of life in New York City by working in partnership with the community to enforce the law, preserve peace, reduce fear, and maintain order. The Department is committed to accomplishing its mission to protect the lives and property of all citizens of New York City by treating every citizen with courtesy, professionalism, and respect, and to enforce the laws impartially, fighting crime both through deterrence and the relentless pursuit of criminals. VALUES In partnership with the community, we pledge to: Protect the lives and property of our fellow citizens and impartially enforce the law. Fight crime, both by preventing it and aggressively pursuing violators of the law. Maintain a higher standard of integrity than is generally expected of others because so much is expected of us. Value human life, respect the dignity of each individual and render our services with courtesy and civility. NEW YORK CITY POLICE DEPARTMENT NYPD Patrol Guide, 2014-B Edition (07/14) Looseleaf Law Publications, Inc. 43-08 162nd Street Flushing, NY 11358 (800) 647-5547 LooseleafLaw.com Electronic Version Compiled and Maintained by Sgt. Angelo J. DeLeon (Ret.) wdlsoftware.com Patrol Guide Changes Includes changes directed through Interim Order 17 issued 07-01-14. Informational Changes Intelligence Division changed to: Intelligence Bureau Chief, Community Affairs changed to: Chief, Community Affairs Data Integrity Unit, Office of Management Analysis and Planning changed: to Data Integrity Unit, Deputy Commissioner, Strategic Initiatives P.G. 200-01 Foreword Date Effective: 01-01-00 As the Police Department approaches a new century, we face fresh and more difficult challenges every day. The knowledge, skills and abilities of every member of the Department will be tested as we strive to provide superior police services to all communities throughout the City of New York. As we progress, we will continue to raise the standards of performance even higher, to maintain the gains we have recently achieved, and set new goals and objectives for the future. The development and publication of this newly revised PATROL GUIDE will provide a strong foundation to support a more dynamic law enforcement agency with the ability to recognize emerging crime problems and properly react to them. The new DEPARTMENT MANUAL will consist of updated and revised copies of the ORGANIZATION GUIDE, PATROL GUIDE, and ADMINISTRATIVE GUIDE. The publication of the new Organization Guide and Patrol Guide mark the completion of Phase I. Existing editions of the Administrative Guide will remain in effect for an interim period, pending completion of Phase II of this project. The Department Manual serves as a guide for ALL members of the service. Every member is expected to be familiar with its contents, and to remain current with all new and revised procedures. All supervisors are expected to be even more knowledgeable to facilitate their ability to lead, train, supervise and discipline subordinates. The Manual does not contain distinct instructions for every situation that may be encountered in the field. Procedures contained in the Manual provide additional guidance on the most common practices of the Department, and serve as performance expectations. Members are expected to perform their duties in accordance with the legal requirements of their position and the extensive training they have received. Members are also required to conform their conduct with their oath of office, and to the mission, values, strategies, objectives, policies, procedures and legal requirements of the Police Department. All members of the Department will be accountable for their actions and should maintain the highest professional standards. Your ability to implement the policy and procedural guidelines provided by the Department make a very important impact on the lives of all New Yorkers. When we fulfill our duties with Courtesy, Professionalism and Respect, we strengthen the bonds between the police and the community. I know I can rely upon your commitment to our important mission, which must be achieved within the framework of our legal obligations. The reputation of "New York's Finest" must be earned every day. POLICE COMMISSIONER P.G. 200-02 Mission And Values Of The New York City Police Department Date Effective: 08-01-13 MISSION The mission of the New York City Police Department is to enhance the quality of life in New York City by working in partnership with the community to enforce the law, preserve peace, reduce fear, and maintain order. The Department is committed to accomplishing its mission to protect the lives and property of all citizens of New York City by treating every citizen with courtesy, professionalism, and respect, and to enforce the laws impartially, fighting crime both through deterrence and the relentless pursuit of criminals. VALUES In partnership with the community, we pledge to: Protect the lives and property of our fellow citizens and impartially enforce the law. Fight crime, both by preventing it and aggressively pursuing violators of the law. Maintain a higher standard of integrity than is generally expected of others because so much is expected of us. Value human life, respect the dignity of each individual and render our services with courtesy and civility. P.G. 200-03 Table Of Contents Date Effective: 01-01-00 SERIES NO. SERIES TITLE 200 Informational Changes 202 Duties and Responsibilities 203 General Regulations 204 Uniforms and Equipment 205 Personnel Matters 206 Disciplinary Matters 207 Complaints 208 Arrests 209 Summonses 210 Prisoners 211 Court and Agency Appearances 212 Command Operations 213 Mobilization/Emergency Incidents 214 Quality of Life Matters 215 Juvenile Matters 216 Aided Cases 217 Vehicle Accidents 218 Property - General 219 Department Property 220 Citywide Incident Management System Duties and Responsibilities P.G. 202-01 Borough Commander Date Effective: 08-01-13 BOROUGH COMMANDER 1. Be responsible for and ensure efficiency of all police operations within the borough. 2. Develop borough specific plans and implement strategies, programs and procedures to: a. Reduce crime & fear of crime b. Improve quality of life c. Ensure traffic safety and optimize traffic flow. 3. Utilize borough executive staff to administer, assign, control, coordinate, discipline, evaluate, guide, motivate, supervise and ensure the mission of the command. 4. Develop and maintain strong relationships with clergy, business, community and educational leaders. 5. Visit Internal Affairs Bureau, Community Affairs Bureau, Quality Assurance Division, Office of Equal Employment Opportunity and Personnel Orders Section for a briefing upon assignment to command. a. Confer with the above commands semi-annually thereafter. 6. Inspect each subordinate command's "Confidential Performance Profile," annually. 7. Ensure administrative and operational responsibilities of subordinate executives are preformed properly and efficiently. 8. Mentor and provide guidance to subordinate command executive staff. NOTE: Borough commanders of bureaus performing enforcement functions (e.g., Detective, Organized Crime Control, Transit, Housing, etc.) will ensure that executive staff from their respective borough attend a briefing with Internal Affairs Bureau, Community Affairs Bureau, Quality Assurance Division, and Personnel Orders Section upon assignment to command and semi-annually thereafter. P.G. 202-01a Borough Executive Officer, Operations Date Effective: 08-01-13 BOROUGH EXECUTIVE OFFICER, OPERATIONS 1. Supervise the following: a. Borough Operations Commander b. Borough Special Projects Coordinator c. Borough task force d. Borough specialty units. 2. Provide for borough strategic and tactical efficiency through the equitable distribution of borough operational resources. 3. Provide operational oversight and support at the borough command level, including housing developments covered by the Patrol Services Bureau, for the following: a. Planning and execution of crime control strategies b. Development of initiatives for quality of life improvement and maintenance c. Traffic management and safety d. Street Narcotics Enforcement Units (SNEU) e. Graffiti enforcement and removal. 4. Liaison with the Borough Counterterrorism Coordinator to ensure the operational readiness of: a. Emergency preparedness b. Mobilizations. P.G. 202-01b Borough Executive Officer, Administration Date Effective: 08-01-13 BOROUGH EXECUTIVE OFFICER, ADMINISTRATION 1. Supervise the following: a. Borough Administrator b. Borough Adjutant c. Borough Investigations Unit, to ensure the proper investigation of: i. Complaints initiated and conducted by Borough Investigations Unit ii. Death/serious physical injury of uniformed member of the service iii. Firearms discharge by uniformed member of the service. 2. Provide operational and administrative oversight at the borough command level for the following: a. Community affairs b. Communications (written) c. Discipline d. Facilities/logistics/supply management e. Personnel issues: i. Budget/overtime monitoring ii. Evaluation process (entire borough) iii. Training (crossover with Counterterrorism and operational) iv. Resource use/needs/distribution v. Sick monitoring. f. Property held in Department custody g. Scheduling: i. Executive scheduling ii. Court/agency appearances verification and follow up. h. Quality assurance: i. Inspections ii. Audit review iii. Data integrity iv. Data quality. 3. Ensure the timely and thorough preparation and forwarding of reports regarding all aspects of the investigation of member of the service involved shootings. P.G. 202-01c Duty Chief Date Effective: 08-01-13 DUTY CHIEF 1. Notify Operations Unit at start of tour and be briefed as to current conditions. 2. Perform duty in uniform. 3. Act as a representative of the Chief of Department during tour of duty. 4. Respond to serious incidents, including: a. Uniformed member of the service involved shootings b. Deaths in police custody c. Level III and IV Mobilizations (not drills) involving three or more borough task forces d. Major disruptions of transportation e. Any other incident which is (or appears likely to become) newsworthy/noteworthy for any reason. (1) Consider whether response will be beneficial to the investigation of the incident. 5. Assume command of incident if highest ranking member of the service on the scene. 6. Keep Operations Unit informed of all facts concerning major incidents. 7. Confer frequently with Operations Unit throughout tour. P.G. 202-02 Borough Adjutant Date Effective: 08-01-13 BOROUGH ADJUTANT 1. Report to Borough Executive Officer, Administration. 2. Supervise duties of Borough Investigations Unit. 3. Ensure inspections programs are properly conducted and maintained. 4. Audit data integrity functions to ensure compliance. 5. Oversee and ensure equity of the disciplinary system throughout borough command. 6. Be responsible for coordination and responsiveness to Civilian Complaint Review Board (CCRB) investigations. 7. Ensure property in custody of the Department is properly accounted for and maintained. 8. Manage overtime to ensure efficient use of resources. 9. Monitor the budget and overtime allowances within the borough. 10. Investigate death or serious physical injury of uniformed members of the service. 11. Monitor sick records of assigned personnel with attention to members designated Chronic Absent. 12. Investigate and review firearms discharges by uniformed members of the service. 13. Conduct staff Performance Evaluations. P.G. 202-03 Borough Operations Commander Date Effective: 08-01-13 BOROUGH OPERATIONS COMMANDER 1. Report to Borough Executive Officer, Operations. 2. Oversee Borough task force and Borough specialty units, (e.g., Borough Anti-Crime Units, Operation Impact, etc.). 3. Develop and execute crime reduction strategies for the following crimes and conditions within the borough including housing developments covered by the Patrol Services Bureau: a. Sex crimes b. Robberies c. Assaults d. Burglaries e. Larcenies/thefts (including Grand Larceny) f. Vehicle theft and related crimes g. Domestic violence h. Firearms violence/weapons possession/use i. Other crimes and conditions as they emerge. 4. Supervise special event preparation. P.G. 202-04 Borough Administrator Date Effective: 08-19-13 BOROUGH ADMINISTRATOR 1. Report to Borough Executive Officer, Administration. 2. Oversee Borough Operations Unit. 3. Administer communications program. 4. Supervise scheduling of assigned members. 5. Ensure the proper functioning of court/agency appearances control. 6. Supervise community affairs functions. 7. Ensure Department facilities are properly maintained and functioning. 8. Safeguard and ensure Department property is in good working order. 9. Maintain the Department fleet. a. Oversee the investigation of all Department vehicle collisions. 10. Supervise personnel and resource distribution. 11. Identify needs of the borough and coordinate appropriate training. 12. Liaison with the Quartermaster Section to ensure proper resources are acquired. 13. Accept and process requests for Department recognition. P.G. 202-04a Borough Special Projects Coordinator Date Effective: 08-01-13 BOROUGH SPECIAL PROJECTS COORDINATOR 1. Report to Borough Executive Officer, Operations. 2. Oversee the following: a. Borough Crime Analysis/Patrol Borough Pattern Identification Module (PIM) b. Quality of life initiatives c. Special project implementation d. Evidence collection teams e. 311 program. 3. Ensure a robust Traffic Management Safety program is in place. 4. Identify school safety issues. Develop borough level school safety strategies and establish a quality control and review mechanism to evaluate programs and initiatives. a. Coordinate with the School Safety Division. 5. Supervise narcotics crime control. 6. Provide coordination oversight of precinct Street Narcotic Enforcement Units (SNEU). 7. Investigate gang motivated and related offenses. 8. Ensure juvenile crime is effectively addressed. 9. Investigate and rectify issues involving arrest processing. P.G. 202-04b Borough Counterterrorism Coordinator Date Effective: 08-01-13 BOROUGH COUNTERTERRORISM COORDINATOR 1. Maintain liaison with the Borough Executive Officer(s), Operations and Patrol Borough Operations Unit. 2. Oversee and coordinate counterterrorism training, equipment, and preparedness for Patrol Borough personnel. 3. Oversee and coordinate counterterrorism security planning for Patrol Borough locations (critical, sensitive, iconic) and special events. 4. Assist Patrol Borough Operations Unit in the preparation, maintenance, and operational deployment of Disorder Control Plan, Area Evacuation Plans and the Patrol Borough Stand Alone Plan. 5. Assist the Patrol Borough to ensure mobilization preparedness. 6. Serve as a liaison for the Patrol Borough with the Deputy Commissioner, Counterterrorism and Deputy Commissioner, Intelligence. P.G. 202-05 Patrol Borough School Safety Coordinator (Captain) Date Effective: 05-25-12 "PATROL BOROUGH SCHOOL SAFETY COORDINATOR (CAPTAIN)" WAS REVOKED [REV 12-01] P.G. 202-06 Patrol Borough Traffic Safety Coordinator Date Effective: 08-19-13 PATROL BOROUGH TRAFFIC SAFETY COORDINATOR 1. Coordinate the activities of the precinct Traffic Safety Officers. 2. Review precinct Collision Prone Location and Enforcement Ratio Reports. 3. Forward Collision Prone Location and Enforcement Ratio reports to the Patrol Services Bureau by the tenth day of the month. 4. Maintain a liaison with Department of Transportation regarding engineering concerns not resolved at the precinct level. 5. Conduct on-site meetings with the precinct Traffic Safety Team and Department of Transportation representatives to resolve and expedite engineering recommendations. 6. Conduct monthly meetings with the precinct Traffic Safety Officers. 7. Attend weekly Trafficstat meetings. 8. Address conditions reported on TRAFFIC INTELLIGENCE REPORTS (PD178-150) that cannot be corrected at the precinct level. 9. Monitor the following enforcement programs: a. Stationary Radar b. Pedestrian Safety Overtime c. Aggravated Unlicensed Operator. 10. Maintain borough statistics for motor vehicle collisions, injuries and fatalities, as well as for summons enforcement. 11. Review construction permits received from the Traffic Management Center and forward copies to the precinct Traffic Safety Officer. 12. Maintain a liaison with various government agencies, community councils and the Borough President's Office regarding traffic concerns. 13. Attend community council and other public meetings to promote traffic safety. 14. Attend Traffic Safety Board meetings chaired by the Borough President. 15. Develop and participate in traffic plans for special events, demonstrations and motorcades. NOTE: All Patrol Borough Traffic Safety Coordinators MUST become familiar with the "Procedural Manual for Traffic Safety Officers." P.G. 202-07 Borough Auxiliary Police Coordinator Date Effective: 08-01-13 BOROUGH AUXILIARY POLICE COORDINATOR 1. Oversee activities and functions of, and provide support for, command auxiliary police coordinators. 2. Provide assistance in the assignment of auxiliary police personnel for special events and details within the borough concerned and outside the borough, if requested by the Commanding Officer, Auxiliary Police Section. 3. Process in a timely manner, requests received from command auxiliary police coordinator for: a. Promotion. b. Recognition awards. 4. Process the return of shields and identification cards for members leaving or dropped from the Auxiliary Police Program. 5. Confer daily, at the start of the tour, with the liaison officer at Auxiliary Police Section to ascertain current program activities and instructions. a. Submit tours of duty, for the upcoming week, to Auxiliary Police Section. 6. Maintain a list of qualified volunteer Auxiliary Police personnel for use in vice enforcement operations. a. Forward monthly enforcement recapitulation to Auxiliary Police Section. 7. Conduct a borough annual awards/graduation ceremony in recognition of volunteer auxiliary police services. NOTE: Borough commander selects qualified uniformed member of the service for assignment as borough police auxiliary coordinator but is not assigned as such until approved by the Commanding Officer, Auxiliary Police Section. Additionally, the borough commander selects an alternate to perform the above duties when the borough auxiliary police coordinator is not working. P.G. 202-08 Duty Captain Date Effective: 08-01-13 DUTY CAPTAIN 1. Perform duty, in uniform, in patrol borough-based Department Duty Captain Response Vehicle (DCRV). a. Be equipped with a Department radio. 2. Supervise all personnel performing duty within borough command. 3. Respond to major radio runs and unusual occurrences. NOTE: If available, the commanding/executive officer, precinct of occurrence, will respond and perform prescribed functions. The duty captain will assist the commanding/executive officer, precinct of occurrence, as requested. 4. Visit precincts, police service areas, transit districts and borough court section facilities located within patrol borough of assignment. a. Inspect and sign Interrupted Patrol Log of commands visited b. Visit command detention cells, holding cells, detective holding cells, emergency rooms and hospitalized prisoner rooms, and make appropriate Command Log entries to document such visits c. Personally prepare reports on all prisoner escapes in the absence of commanding officer/executive officer of precinct, police service area, transit district or borough court section facility of occurrence d. Visit at least one time per tour those Video Interactive Patrol Enhanced Response (VIPER) units located within the police service areas under your jurisdiction. 5. Confer with the Traffic Management Center supervisor, when notified by the Operations Unit of a traffic congestion problem or condition. a. Evaluate the situation and assign patrol borough and/or other resources as necessary, to address the condition. b. Direct the Traffic Management Center supervisor to record conditions in the TMC Command Log, and on the Daily Significant Incident Report. 6. Submit report at end of each tour and include: a. Observations and disciplinary action taken b. Visits to stationhouses, police service areas and transit districts c. Unusual occurrences d. Radio backlogs and action taken e. Radio runs to which responded f. Recommendations to improve police services. 7. Make a background inquiry, if necessary, through the Internal Affairs Bureau Command Center during the initial stages of an official investigation involving a member of the service and prior to suspending, modifying or temporarily removing firearms from the member concerned in non-disciplinary cases. NOTE: This conferral is to obtain background information that may assist in the investigation. All decisions regarding the investigation, as well as any resulting determination regarding the member's duty status, remain the responsibility of the commanding officer/duty captain concerned. The duty captain in each patrol borough, and all duty inspectors MUST carry a cellular telephone at all times and a Transit Bureau radio, if available. P.G. 202-09 Commanding Officer Date Effective: 08-01-13 COMMANDING OFFICER 1. Command a precinct, police service area, transit district or similar unit. 2. Be responsible for: a. Proper performance of functions designated for command. b. Efficiency and discipline of personnel assigned to command. c. Informing members of command of current directives and orders. d. Serviceability, proper care and use of equipment assigned to command. e. Patrol, administrative and record keeping functions of the command. 3. Review CENTRAL PERSONNEL INDEX BACKGROUND REQUEST (PD449-160) for personnel assigned to critical positions within the command, upon assignment to a command. a. Review the disciplinary history of members in Performance Monitoring Programs assigned to command. 4. Instruct and frequently test the knowledge of members of command regarding their duties and responsibilities. 5. Investigate and report on police conditions and activities. [I.O. 50 s 11] 6. Ensure the preparation of the COMMAND CONDITIONS REPORT every Monday for each sector within the command and instruct all platoon commanders on identified sector conditions. a. Ensure COMMAND CONDITIONS REPORT is entered via the "Quest for Excellence" application on the Department's intranet b. Ensure a hard copy of the COMMAND CONDITIONS REPORT is posted in the Crime Information Center c. Forward a hard copy of the COMMAND CONDITIONS REPORTimmediately to the borough concerned, on a weekly basis, and at other times, as appropriate (e.g., emerging trends, etc.). 7. Respond to major radio runs and unusual occurrences within command, when available, and perform prescribed functions. a. Request assistance of the duty captain, if necessary. 8. Make frequent personal inspections of the uniforms, equipment and general appearance of members of the service at outgoing roll calls and while on patrol. 9. Delegate administrative tasks as follows: a. Assign ranking officers within command to perform tasks normally reserved specifically for commanding officers (e.g., the preparation, signing and forwarding of required reports, forms, PERFORMANCE EVALUATIONS, communications, etc. b. Assign competent members of command to read, analyze and report on, verbally or in writing, any voluminous communications directed to the commanding officer. c. Assign ranking officer to inspect command facility daily to ensure security, cleanliness and orderly condition. 10. Inspect command facility periodically to ensure cleanliness, orderly condition and that assigned equipment is accounted for and in good condition. NOTE: The periodic inspection of the command facility will be augmented to include a check of both female and male restrooms and locker rooms for any structural defect that would permit visual access by persons located outside these private areas. If such a condition is identified, immediate corrective action must be taken. 11. Designate manner in which members of command proceed to assignments, e.g., Department auto, public transportation, etc. 12. Review activity of members of command each month. a. Personally review and sign monitoring profiles of members in Level II or Level III Monitoring Programs. Performance profiles (original copies only) are due by the fifth (5th) day of each month (quarterly for Level II and monthly for Level III), as appropriate. 13. Investigate a report of neglect of duty by subordinates. 14. Assign members proportionately to squads according to the needs of command. Members having special qualifications are to be assigned to permit greatest use of abilities. 15. Permit uniformed members of assigned command performing similar duties to exchange tours voluntarily when there is no interference with police service. a. Members are NOT permitted to perform two consecutive tours (i.e., perform duty on a third platoon followed by a first platoon). 16. Notify borough command if at least two supervisors are not available to perform duty on each tour. a. Notify Transit Bureau Wheel for commands within the Transit Bureau. 17. Assign personnel to specific patrol and staff functions. 18. Assign command police officer to cover traffic posts when traffic conditions require such assignments. 19. Provide formal orientation program for newly assigned lieutenants, sergeants and police officers on two consecutive day tours including interviews, introductions, and various command conditions, problems, boundaries, crime statistics, etc. 20. Maintain record of members who volunteer for specialized units and make assignments accordingly. Prior to member being permanently assigned to anti-crime duty, have CENTRAL PERSONNEL INDEX BACKGROUND REQUEST prepared and forwarded as per distribution on form. a. If the member is in a Level II or Level III Monitoring Program, contact the Bureau/Borough Commander. 21. Assignment of specialized unit personnel will be based on command crime analysis trends and patterns, with emphasis on violent street crime and burglaries. a. Specialized unit personnel may also be utilized as a resource to solve local priorities such as car thefts and break-ins. 22. Ensure specialized unit personnel are properly supervised, trained and equipped. 23. Closely monitor the performance of uniformed members of the service assigned to specialized units. a. Long term assignments are to be carefully reviewed, i.e., uniformed members assigned to specialized units for a period of five years will be recommended for career path assignments to either the Organized Crime Control Bureau or Detective Bureau. 24. Consult with immediate supervisor of member before recommending or granting change of precinct assignment, etc. a. If the member is in a Level II or Level III Monitoring Program, confer with the Commanding Officer, Performance Analysis Section, prior to a change in that officer's assignment. 25. Be thoroughly familiar with "Confidential Performance Profile" of subordinate members. NOTE: The "Confidential Performance Profile" is an up-to-date and confidential profile of uniformed members who are "personnel concerns" to assist in the supervision, training and development needs of such uniformed members. Included in the profile would be such matters as all past administrative transfers, transfers made by the borough commander at the request of member's previous commanding officer, sick record, disciplinary record and all other Central Personnel Index indicators as well as appropriate command data. 26. Maintain patrol by a supervising officer in a radio equipped Department automobile. 27. Use a Department auto when on patrol, when presence is required at the scene of an emergency or when traveling within the city on official business. 28. Make entry in Command Log when reporting on or off-duty. When leaving for patrol, emergencies, etc., indicate manner of patrol, Department auto number, if applicable, and whether in uniform or civilian clothes. 29. Perform duty in uniform whenever practical. 30. Maintain as much personal contact as possible with business, civic, fraternal, religious, political, recreational, charitable, youth and poverty corporation groups, local radio stations, local newspapers and other groups or media with community influence and interests to keep abreast of community tensions and trends. 31. Assign competent member to attend scheduled local meetings of the planning board, school board, poverty corporation, or any other community group, to obtain information which will be used to facilitate planning of procedures and/or programs to minimize community tensions and negative trends. 32. Direct that Community Affairs Officer, where appropriate: a. Maintain a close liaison with the management of facilities within commands where large events are held b. Familiarize themselves with security coverage normally in effect and typical arrangements made for various types of events c. Encourage management of these facilities to notify the local precinct when a large event is anticipated so that a determination can be made if police presence will be required. 33. Utilize resources of command to cope efficiently with existent problems and accomplish mission of command. 34. Act as the senior problem-solving coordinator for the command. As such be responsible to: a. Identify major crime and quality of life problems affecting the command. b. Perform an analysis of the identified crime and quality of life problems in order to separate them into their essential components. c. Design a response utilizing command, Department and community resources, and where possible the resources of other agencies. d. Implement the designed response. e. Evaluate the effectiveness of the response and modify it, if necessary. 35. Administer command discipline. 36. Direct executive officer to adjudicate command discipline, when appropriate. 37. Consult with supervisor who has initiated command discipline against member of the service concerning severity of penalty before announcing penalty. Indicate date and time of consultation on form. 38. Confer with patrol borough adjutant prior to adjudicating third command discipline for same individual within period of six months to determine if charges and specifications should be prepared. 39. Notify the borough adjutant or borough executive officer within respective Bureau (Patrol Services, Housing, Transit), upon discovery or notification that there is invoiced property stored in the command in excess of thirty days and: a. Conduct investigation b. Expedite transfer of property to final storage location. 40. Cooperate with other units and agencies to accomplish mission of the command. 41. Notify Commanding Officer, Employee Management Division and request removal proceedings be commenced when member of the service fails to perform assigned duties in a satisfactory manner. 42. Observe special patrolmen on duty within command and report any misconduct to Commanding Officer, License Division. 43. Inspect uniform, shield, cap device and identification card of special patrolmen during March and September. 44. Have minimum of 10% uniformed members of the service qualified as patrolwagon operators and distributed proportionately to squads. 45. Ensure that all members of command are familiar with nature and function of command receptionist program. 46. Situate required furniture and clerical equipment for command receptionist near command entrance. a. Provide secure location for Receptionist Log and files. 47. Provide transportation, within command, IF NECESSARY, to ensure receptionist's safety to and from command. 48. Read Performance Evaluations submitted by sergeants carefully and make sergeants justify the ratings given to officers assigned to their squads. a. If an officer performs below competent (2.5 or lower), or is rated extremely competent (5.0), the commanding officer MUST be the reviewer. 49. Visit upon assignment to command and semi-annually thereafter, for briefing, the following: a. Civilian Complaint Review Board b. Internal Affairs Bureau c. Community Affairs Bureau d. Quality Assurance Division. 50. Visit the Office of Equal Employment Opportunity for briefing, upon assignment to command and annually thereafter. 51. Designate a supervisor within the command to serve as the alternate in the event of long term absence of the training sergeant. 52. Designate one uniformed member of the service to function solely as the precinct's Domestic Violence Prevention Officer. 53. Develop and review precinct School Security Plan, Summer Youth Security Plan and Safe Corridor Plan and Safe Passage Plan for Transit Bureau commands 54. Ensure that complaints of crimes occurring on the transit system are faxed to the Transit Bureau Crime Analysis Section and the district of occurrence, and that the proper Jurisdiction Code 01 is affixed to all reports. 55. Meet, annually, with ranking officers/supervisors within command to discuss their responsibilities under the New York City Police Department's Equal Employment Opportunity Policy. 56. Discuss the N.Y.P.D.'s sexual harassment policy with all members of the command, both uniformed and civilian, or ensure that such discussions are held by designated supervisor(s). 57. Reiterate to supervisors that they are responsible for creating a professional work environment for their subordinates. 58. Assess, regularly, the working environment within the command/unit to maintain a professional atmosphere and rectify those situations, which undermine professional conduct and achievement. 58. Advise employees that vulgar language, sexually degrading statements or jokes, as well as the display of photographs or magazines of a sexual nature are offensive, unwelcome, inappropriate in the work place, and subject to disciplinary action. 60. Encourage all members of the service to report inappropriate conduct. 61. Instruct all members of the command that retaliation against those members of the service who come forward to report misconduct (corruption, violations of E.E.O. policies, etc.) is against Department policy and will not be tolerated. 62. Have the command integrity control officer review Department records pertaining to the assignment of radios. 63. Review the assignments of radios assigned outside of command on a permanent basis and determine the necessity of its continuance. 64. Make a background inquiry, if necessary, through the Internal Affairs Bureau Command Center during the initial stages of an official investigation involving a member of the service and PRIOR to suspending, modifying or placing the member concerned on restricted duty pending an evaluation of duty status. NOTE: This conferral is to obtain background information that may assist in the investigation. All decisions regarding the investigation, as well as any resulting determination regarding the member's duty status, remain the responsibility of the commanding officer/duty captain concerned. P.G. 202-10 Executive Officer Date Effective: 08-01-13 EXECUTIVE OFFICER 1. Assume command and perform functions of the commanding officer during absence. a. Sign routine communications and reports, during absence of twenty-four hours or more. 2. Respond to major radio runs and unusual occurrences within command, when available, and perform prescribed functions. a. Request assistance of the duty captain, as necessary. 3. Make entry in Command Log when reporting on or off-duty, when leaving for patrol, emergencies, etc., indicate manner of patrol, Department auto number, if applicable, and whether in uniform or civilian clothes. a. Use Department auto when on patrol, when presence is required at scene of an emergency or when traveling within city on official business. 4. Supervise performance of administrative functions in the command. 5. Study deployment of resources of command and recommend more effective deployment to commanding officer, where appropriate. 6. Coordinate all specialized units. 7. Evaluate training, planning and personnel functions and needs of the command and make recommendations to the commanding officer. 8. Inspect uniforms, equipment, and general appearance of members of the command frequently. 9. Inspect and sign ACTIVITY LOGS (PD112-145) of platoon commanders, special operations lieutenants and patrol supervisors at least once a month. 10. Supervise the investigation of communications and preparation and forwarding of written reports. 11. Perform duty under the chart, or as directed by the borough commander and perform functions of "duty captain" when directed. 12. Perform tours, on "open days," which best meet the day to day needs of the command. 13. Do not perform the same duty as commanding officer, if both working the same tour. (One will perform patrol duty and conduct field inspections, etc.). 14. Conduct investigations as directed by commanding officer or other competent authority. 15. Insure that command is clean, all equipment is accounted for and in good condition, and personnel are performing a necessary police duty. 16. Represent the commanding officer at community meetings of concern to command when designated. 17. Perform duty in uniform, when practical. 18. Inspect and sign Interrupted Patrol Log once each tour. 19. Adjudicate command discipline as directed by commanding officer. 20. Review Command Log entries regarding invoiced property daily and if any property is stored in the command in excess of thirty days, consult with the operations coordinator, desk officer, evidence/property control specialist etc., to determine the appropriate course of action to expedite the transfer of the property to the final storage location. a. Brief the commanding officer on actions taken. [I.O. 21 s 12] 21. Personally conduct, in conformance with the Quality Assurance Division self-inspection program, the command self-inspection of STOP, QUESTION AND FRISK REPORT WORKSHEETS (PD344-151A). P.G. 202-10a Commanding Officer, Investigations Units Date Effective: 08-01-13 PURPOSE To assist Investigations Units in maintaining the highest standards of integrity by identifying and correcting misconduct and deficiencies; to clearly define the duties/responsibilities of Investigations Units' Commanding Officers. DEFINITION FUNCTION MONITORING - Proactive monitoring techniques designed to identify and/or prevent misconduct, violations of Department guidelines or administrative deficiencies. Function monitoring can include activities/programs unique to each area of responsibility of an individual Investigations Unit, including: a. Patrol monitoring b. Personnel monitoring c. Process Auditing d. Visits/inspections of facilities e. Inventory control f. Self-initiated monitoring programs, quality control or audit reviews. COMMANDING OFFICER, INVESTIGATIONS UNIT 1. Oversee investigations or other integrity related assignments as directed by the Deputy Commissioner/patrol borough/bureau commander/designee, competent authority or the Internal Affairs Bureau, such as: a. Firearms discharges by uniformed members of the service (PATROL BOROUGH INVESTIGATIONS UNITS ONLY) b. Domestic incidents involving members of the service c. Any on/off duty incidents when requested by the duty captain including domestic disturbances involving members of the service that may result in the removal of firearms d. Bribery arrests 2. Ensure integrity control officers are conferred with regularly and provide assistance with ongoing investigations, including integrity control officer self-initiated cases, and be responsible for: a. All cases referred to precinct/unit commanding officers by the Investigations Units b. Recording all self-initiated cases conducted by integrity control officers under jurisdiction for informational purposes and future reference c. Recording and being cognizant of Integrity Monitoring File locations identified by commands under jurisdiction. 3. Ensure the following auditing functions are performed: a. Review of command's self-inspection programs. Conduct separate and independent review of commands' self inspections, on a regular basis b. Review of time and payroll records c. Evaluation of command level training d. Analysis of civilian complaints, vehicle collisions, sick records, disciplinary records, etc., to ascertain patterns and identify specific commands, platoons, locations and/or members of the service with integrity related problems e. Review all audits conducted by the Quality Assurance Division (e.g., Crime Classification Evaluations, ICAD Audits, Precinct Evaluations) for evidence of potential misconduct and conduct further investigations when situations warrant f. Conduct independent reviews of complaint reports to ensure compliance with Department directives g. Conduct reviews of Crime Analysis complaint re-classifications with particular attention to complainant "call-backs" h. Regularly inspect Crime Reclassification Log and review supervisory sign-off of Complaint Reports for timeliness and accuracy i. Maintain a vigorous function monitoring program j. Develop and maintain an automated case management system that assures timely reassessment of cases and dissemination of information 4. Provide copies of all Case Closing Reports to the Internal Affair's Bureau. 5. Present cases to the Internal Affairs Bureau Steering Committee as per the protocols set forth by the Chief of Internal Affairs Bureau. ADDITIONAL DATA DEPARTMENT POLICY Any Investigations Unit, before commencing a self-initiated investigation into improper crime reporting (e.g., Complaint Reports /ICAD Audits), must confer with Quality Assurance Division's Confidential Investigation Team. Function monitoring will include random field observations, inspections, audits, etc. (not associated with active investigations) to ensure compliance with Department regulations, directives and procedures. Observations/inspections shall include: visits to assigned facilities, members on assignments, radio runs, fixed posts, inspection of facilities (Interrupted Patrol Log, dormitories, etc.), observations/visits to Integrity Monitoring File locations, and any other appropriate monitoring as directed. P.G. 202-11 Operations Coordinator Date Effective: 08-01-13 1. Perform duty in uniform as staff officer assisting the commanding officer in administrative matters. 2. Do not perform patrol duty, or be assigned to desk duty. 3. Review and supervise the maintenance of records and files of command. 4. Ensure that all members of the service assigned to the command are working within the correct and authorized chart relative to their assignment. 5. Coordinate all overtime programs within the command. 6. Coordinate the command's safety programs, i.e., OSHA, etc. 7. Supervise the command's staff and ensure that they are in proper uniform and performing a necessary police function. 8. Supervise the principal administrative associate assigned to the command. 9. Enter in Command Log the time arriving and leaving command and the reason. 10. Perform tours as designated by the commanding officer. 11. Interview civilians and representatives of civic organizations in the absence of the commanding/executive officer. 12. Represent the commanding officer at civic and fraternal meetings within command, when designated. 13. Coordinate the human relations program of the command by maintaining close liaison with the Borough Community Affairs Coordinator and the Commanding Officer, Office of the Chief, Community Affairs. 14. Review all orders and prepare summaries of pertinent information for presentation to members of the command at Command Level Training Program or roll call instruction. 15. Prepare written instructions for sergeants and police officers. 16. Supervise the maintenance of the command library. 17. Supplement instructions of desk officer in the absence of the commanding officer, to outgoing platoons. 18. Keep sergeants informed of conditions within the command. 19. Relay instructions of commanding officer to members of command. 20. Supervise the civilian cleaners. 21. Supervise the election details. 22. Apportion communications equally among sergeants for investigation. [I.O. 50 s 11] 23. Ensure completed POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS (PD439-1424) are scanned into the Quest for Excellence application. 24. Check property invoice books and property on hand. a. Review Command Log entries regarding invoiced property daily and take immediate steps to remedy conditions that impair the transfer of any invoiced property stored within the command in excess of thirty days to the appropriate storage location and notify the executive officer/commanding officer. b. Designate a uniformed member to perform the duties of the evidence/property control specialist when he/she is unavailable due to vacation, sick, etc. [I.O. 26 s 11] 25. Conduct Survey of command's snow removal equipment (e.g., snowblowers, snow shovels, de-icing rock salt, etc.) by September 15th to ensure its availability and adequacy. a. Obtain replacement supplies or equipment, if necessary. 26. Make Command Log entry of daily inspection of command for cleanliness, security, safety hazards, condition of equipment, and the display of offensive material. [I.O. Service and the present 32 s 11] a. Ensure the Department sign entitled, "Free Interpretation Available (SP 487)" is visibly displayed in the command reception area dual handset telephonic interpretation service equipped telephone is and functional. b. Comply with P.G. 219-20, "Loss/Theft of Department Property" if the dual handset telephonic interpretation service equipped telephone is missing. In addition, immediately notify the Telecommunications Unit, Monday through Friday from 0600 to 1800 hours, or the Inter-City Correspondence Unit at other times, if the dual handset telephone is missing or defective. 27. Supervise semi-annual (during January and July) inspection of command fire extinguishers. a. Have inspecting member of the service date and initial the tag attached to the fire extinguisher. b. Make Command Log entry indicating that the inspection was performed. 28. Notify Borough or Bureau Safety Coordinator of hazards which are not readily corrected by command personnel. 29. Review COMPLAINT REPORTS (PD313-152) and consult with planning officer and Crime Analysis and Program Planning Section personnel to determine priority locations relative to crime conditions within command. 30. Recommend redeployment of personnel, if necessary, to commanding officer, executive officer, lieutenant platoon commander, or desk officer. 31. Notify members of command, through desk officer, of scheduled court and other agency appearances and other related notifications. 32. Ensure the proper maintenance of the Subpoena Receipt Book. 33. Ascertain that a current list of restaurants willing to accept monthly payments for meals provided for prisoners is maintained at the desk including time restaurant is open and cost of meals. 34. Supervise or designate a supervisor to supervise the command's evidence/ property control specialist. 35. Ensure security of lead seals, Narcotic Evidence Envelopes (Misc. 1-71), Property Clerk Division Security Envelopes, Property Clerk Division Jewelry Security Envelopes and peddler seals prior to issuance. 36. Ensure GUN SAFETY (PD420-110) sticker is affixed at all firearm safety stations. 37. Establish and maintain liaison with District Attorney's Office concerned to ascertain the necessity for all regular day off (RDO) court appearances and, where possible, reschedule such appearance for a date other than the member's RDO. 38. Monitor performance of the command's training sergeant to ensure that all members are receiving necessary training. 39. Ensure all captions are completed in "Location During Absence" section on LEAVE OF ABSENCE REPORT (PD433-041) including each country, with the city/town or province where member of the service will be staying, date(s) of departure and date of return when member request leave. 40. Ensure all members of the service are submitting LEAVE OF ABSENCE REPORT at least five days before leave commences, except in emergencies. 41. Ensure timekeepers make mandatory entries into Leave of Absence – Location During Absence database, when a member submits a LEAVE OF ABSENCE REPORT and is traveling to a foreign country. 42. Access Leave of Absence – Location During Absence database to verify mandatory entries are made by command timekeepers for members who are traveling to a foreign country daily during monthly self-inspections. 43. Ensure compliance with required entries on LEAVE OF ABSENCE REPORT during monthly self-inspections. NOTE: Absence command entries An online user guide is available after logging onto the Leave of management system. Operations coordinators must ensure that all timekeepers follow the instructions as directed in the guide to make in the Leave of Absence – Location During Absence database. P.G. 202-12 Special Operations Lieutenant Date Effective: 11-29-13 SPECIAL OPERATIONS LIEUTENANT 1. Perform duty in uniform whenever practical. 2. Sign in the Command Log at the beginning and at the conclusion of the tour. 3. Perform tours as approved by the commanding officer, choosing tours that will maximize supervision of subordinate personnel. 4. Make Command Log entry when leaving or returning to the command. 5. Monitor field performance of subordinate personnel and personally observe command conditions. 6. Coordinate the crime prevention program of command. 7. Supervise and coordinate command's specialized personnel, including School Safety Sergeant, Anti-Crime Teams, SNEU, Community Policing Unit, Crime Prevention, Traffic Safety Officer, Youth Officer, Auxiliary Police Coordinator, Peddler Enforcement and Domestic Violence Unit personnel. 8. Inspect records and logs of subordinate units and personnel. a. Inspect and sign Community Policing Unit beat books monthly. 9. Inspect and sign ACTIVITY LOGS (PD112-145) of Anti-Crime, School Safety, SNEU, CPU and, where applicable, Peddler Enforcement Sergeants each month. 10. Review and sign the POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT (PD439-1424) for subordinates and confer with detail sergeants as necessary. a. Deliver REPORTS to operations coordinator within seven days following month for which submitted. 11. Access the Quest for Excellence application and prepare QUARTERLY ASSESSMENT OF SQUAD SERGEANT (PD439-1425) by the tenth day of the month following the reporting period. 12. Review and approve schedules for subordinate personnel on a weekly basis. 13. Act as the problem solving coordinator for the command, in conjunction with, and at the direction of the commanding officer. a. Be responsible for assisting the commanding officer to: (1) Identify major crime and quality of life problems affecting the command. (2) Perform an analysis of the identified crime and quality of life problems in order to separate them into their essential components. (3) Design a response utilizing command, Department and community resources, and where possible the resources of other agencies. (4) Implement the designed response. (5) Evaluate the effectiveness of the response and modify it, if necessary. 14. Attend Community Council, Community Board, and similar meetings, at the direction of the commanding officer. a. Be cognizant of community crime trends and quality of life conditions, allocating resources to address these concerns. 15. Maintain contact with community associations and civic groups to foster positive community relations and mutual involvement in addressing crime and quality of life conditions. 16. Attend public meetings where subordinate members are addressing groups to observe and supervise performance. 17. Prepare annual evaluations for subordinate supervisors under direct control. 18. Maintain contact with principals of local schools. a. Ensure that school safety sergeant, youth officer and community patrol officers are maintaining contact with these institutions. 19. Be knowledgeable in current orders and procedures. a. Instruct and test subordinate personnel in these matters. 20. Confer regularly with platoon commanders regarding conditions within command. a. Encourage exchange of information between specialized units and platoons. 21. Be responsible for the Field Training Program of probationary police officers assigned to the precinct Community Policing Unit. 22. Confer regularly with the command's detective squad commander to share information. a. Encourage exchange of information between the detective squad and specialized units. 23. Supervise and coordinate the activities of the command's Auxiliary Police Program through the Auxiliary Police Coordinator. 24. Ensure that the Auxiliary Police Coordinator actively recruits new members, conducts required training courses, and properly equips Auxiliary Police personnel. 25. Integrate the auxiliary police functions into the command's problem solving objectives, e.g., crime prevention, community affairs, community policing, youth planning, etc. 26. Keep commanding officer apprised of all Auxiliary Police activities. P.G. 202-13 Lieutenant - Platoon Commander Date Effective: 08-01-13 1. Be responsible for all command operations during the tour performed. a. Perform duties of desk officer as outlined in P.G. 202-14, "Desk Officer," if assigned to a Patrol Services Bureau precinct. NOTE: At the discretion of the precinct commanding officer, lieutenant platoon commanders may perform field duties as specified in step 26 below, provided that two or more sergeants are assigned to duty with that platoon, one of whom has been designated as patrol supervisor. b. The lieutenant platoon commander will not ordinarily perform the duties of the patrol supervisor, and will remain responsible for ALL duties listed in this procedure. c. Identify conditions to be addressed by members working the platoon on a continuing basis. d. Allocate, based upon conferral with special operations lieutenant, all resources available for the platoon including, community policing, anticrime, street narcotics enforcement unit(s) and peddler enforcement personnel. NOTE: When a lieutenant platoon commander is performing the duties of the desk officer in a Patrol Services Bureau precinct, he/she will remain at the desk area of the command facility. However, in the event of an emergency situation occurring in the field, the lieutenant platoon commander may respond to the scene, e.g., mobilizations, homicides, firearms discharges by uniformed members of the service. A Command Log entry will be made indicating the time of departure, the location, and the details of the event requiring the lieutenant platoon commander's presence. Lieutenant platoon commanders will remain on the scene only as long as their presence is required, upon which time they will return to the command and resume the duties of the desk officer. In the lieutenant platoon commander's absence, a supervisory officer will assume the responsibilities of the desk officer. 2. Sign Command Log at beginning and end of tour. 3. Perform duty in uniform. 4. Review actions of patrol supervisors to ensure compliance with Department policies and procedures. 5. Participate as a member of the precinct management team. 6. Advise and confer with commanding/executive officers, operations coordinator, special operations lieutenant, integrity control officer, squad commander and BRAM commander, if appropriate, on matters of importance, unusual arrests or occurrences, personnel and integrity concerns, and other conditions requiring their attention. 7. Confer with integrity control officer regarding personnel, civilian complaints, sick records, overtime concerns and integrity issues. 8. Confer frequently with the special operations lieutenant regarding command crimes and conditions. 9. Confer with lieutenant platoon commander or patrol supervisor from previous tour, at start of tour. 10. Access the Department's intranet webpage to ascertain active Paid Detail locations and times of assignment within the precinct, at start of tour. a. Make a Command Log entry indicating results of inquiry into active Paid Detail locations, including time of assignments. b. Print reference copy of Paid Detail assignments scheduled during tour and attach to roll call. NOTE: If the lieutenant platoon commander is unavailable, any other lieutenant or above performing duty within the command will perform the above step. 11. Confer with lieutenant platoon commanders of adjacent precincts, police service areas and transit districts to coordinate crime strategies. 12. Ensure radio transmissions affecting the command are monitored at all times. 13. Cause necessary changes or adjustments in roll call at beginning of tour. a. Schedule meals for supervisors assigned to platoon so that a supervisor is on duty at all times. b. Grant tour changes and excusals for members of platoon when appropriate. 14. Supervise roll call. a. Personally inspect the outgoing platoon to ensure the personal appearance of members meets Department standards. b. Instruct and question members relative to command conditions. c. Ensure members are familiar with integrity concerns. d. Ensure members are aware of active Paid Detail locations and times of assignments at these locations within the precinct. 15. Ensure all personnel of the platoon are properly supervised and performing duty in a satisfactory manner. a. Evaluate effectiveness of assignments. [I.O. 50 s 11] b. Review and sign the POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASURMENT REPORT (PD439-1424) FOR SUBORDINATES AND CONFER WITH DETAIL SERGEANTS AS NECESSARY. (1) Deliver REPORTS to operations coordinator within seven days following month for which submitted. c. Conduct interviews personally with personnel assigned to the platoon performing in an unsatisfactory manner. d. Conduct all return from sick interviews for members of the platoon. e. Review disciplinary records (CCRB, CPI) of all members assigned to platoon. f. Assume responsibility for Early Intervention Monitoring for members of platoon. 16. Prepare annual evaluations of subordinate platoon supervisors. 17. Inspect the command facility each tour and record results in the Command Log. 18. Be responsible for proper entries of complaint information in the On Line Complaint System for the tour. 19. Evaluate training needs and confer with training sergeant as required. a. Recommend members of the platoon receive specific training required for complete tour operations, i.e., fingerprint training, scooter qualification, etc. 20. Designate a supervisor to conduct "platoon briefing." NOTE: The "platoon briefing" should include information compiled by the training sergeant, i.e., Police Commissioner messages, bulletins, and addresses by commanding officers, executive officers, integrity control officers, etc. The "platoon briefing" will include incident critiques by lieutenant platoon commanders and patrol supervisors, and regular updates regarding crime patterns, crime trends, wanted persons and discussions of precinct conditions and tactics for addressing these conditions. 21. Investigate communications and perform assigned self-inspections, as directed by commanding officer. a. Ensure sergeants properly and accurately complete self-inspections, communications, and reports. 22. Inspect and sign ACTIVITY LOG (PDl12-l45) of patrol supervisors daily. 23. Maintain ACTIVITY LOG and make entries listing times, names, locations, and assignments of members visited. 24. FIRST PLATOON - Review reports and forms prepared for the previous twentyfour hours. 25. SECOND PLATOON - Be responsible for maintenance and weekly inspection of Department vehicles. 26. Perform the following duties when assigned as a lieutenant platoon commander in a command other than a Patrol Services Bureau precinct: a. Perform duty in civilian clothes when directing plainclothes units or making discreet observations with the integrity control officer, when directed by commanding officer or other competent authority. b. Divide one's time and movement during tour between the field and command facility, as needs dictate. c. Sign Command Log and notify Communications Section when leaving to and returning from patrol. d. Ensure radio transmissions affecting the command are monitored at all times. e. Respond to radio runs unannounced to observe performance of sergeants and police officers. f. Evaluate driving habits and abilities of members of the platoon and take corrective action as necessary. g. Respond to and direct police activities at serious crimes and emergences. h. Ensure all arrests are processed expeditiously and under proper supervision. i. Perform tour as designated by commanding officer. [I.O. 50 s 11] 27. Access the Quest for Excellence application and prepare QUARTERLY ASSESSMENT OF SQUAD SERGEANT (PD439-1425) by the tenth day of the month following the reporting period. P.G. 202-13a Criminal Justice Bureau - Borough Court Liaison Officer Date Effective: 08-01-13 Each borough Court Section will have a borough court liaison officer who will be a uniformed member of the service in the rank of lieutenant, except for the Staten Island Court Section, where the position will be assigned to a sergeant. The borough court liaison officer will report directly to the commanding officer of the borough Court Section. Each Court Section commanding officer will advise the Commanding Officer of the Criminal Justice Bureau on matters regarding prosecutions in their respective borough. The borough court liaison officer will assist in the development of arrest/prosecution related policies and training. BOROUGH COURT LIAISON OFFICER 1. Perform an operational tour of duty as approved by the commanding officer, choosing tours that will maximize operational efficiency. 2. Submit weekly schedule to the Criminal Justice Bureau, Operations Commander, via the commanding officer of the Court Section. 3. Confer weekly with members of the borough District Attorney's Office and patrol borough command to monitor trends and develop strategies that will improve criminal prosecutions. 4. Confer with the supervising judge of the borough Criminal Court, Family Court and administrator of the New York City Corporation Counsel, bi-weekly. a. Develop channels of communication and information sharing with these agencies, as appropriate. NOTE: The goal of communication and information sharing is to improve conviction rates. 5. Review arrests processed as "declined prosecution" and recommend ways to prevent future "declined prosecutions." a. Review and analyze arrest documents (e.g. COMPLAINT REPORT[S][PD313-152], Affidavits, Supporting Depositions, Court Complaints, ACTIVITY LOG [PD112-145] entries, etc.) to determine ways to improve prosecutions. 6. Provide assistance to supervisors investigating court appearances that resulted in overtime. 7. Provide assistance to supervisors investigating complaints regarding uniformed members of the service failed to report for a scheduled court appearance. a. Verify that commands are being properly notified when uniformed members are scheduled for a court appearance. 8. Make recommendations on ways to improve courtroom testimony. a. Visit the different courts within assigned borough to observe performance and conduct of uniformed members attending court b. Review courtroom testimony to uncover and correct deficiencies c. Confer bi-weekly with Assistance District Attorneys regarding effectiveness of uniformed members' testimony d. Review Department training regarding courtroom testimony and make recommendations in writing (through channels), as necessary, to improve curriculum. 9. Prepare report on Typed Letterhead to commanding officer monthly, containing recapitulation of the previous month's conferrals, observations and conclusions. 10. Provide assistance to members of the New York State Commission of Correction in their inspection of Department holding pens and detention cells. 11. Coordinate the Court Section fire safety plan and attend fire drill meetings. 12. Provide assistance to members of Family Court in their site visits to inspect and certify juvenile rooms. 13. Confer with administrators and staff members of any agency deemed appropriate by the Commanding Officer of the Criminal Justice Bureau that is involved in the enforcement of City and State laws and regulations. 14. Attend monthly prosecution assessments meetings at the Criminal Justice Bureau. 15. Perform assignments as directed by the commanding officer, borough Court Section. P.G. 202-14 Desk Officer Date Effective: 11-29-13 DESK OFFICER 1. Sign name and time in Command Log when assuming desk officer duties and at end of tour. a. Enter the names of sergeants in the Command Log as present for duty immediately prior to the start of their tour. 2. Perform duty in uniform. 3. Be responsible for all police operations within command during tour. 4. Check command email frequently throughout tour. a. Checks are required immediately after the start of tour and again during the fourth hour of tour. Record checks in the Command Log. b. Ensure important or actionable information is relayed to the outgoing platoon or appropriate command personnel, as required. 5. Visit all areas of the command facility at least once each tour. a. Personally check both female and male restrooms and locker rooms for any structural defects that would permit visual access by persons located outside these private areas, and take immediate corrective action to rectify any such condition, when circumstances dictate. b. Inspect command for display of any offensive material. 6. Sign out in Command Log when leaving desk area for any reason, e.g., personal necessity, meal, inspection of command facility, and sign in upon return. NOTE: When there is more than one patrol supervisor working on patrol, one will relieve the desk officer for meal. Meal relief is not considered an emergency. Police officers will not be assigned to desk duty. 7. Supervise arrest processing. a. Periodically inspect the arrest processing area and ascertain number of prisoners on hand and length of time in command. b. Reassign personnel as necessary. 8. Question arresting officers regarding circumstances of arrest (i.e., details of occurrence, use of force, evidence recovered, determination of charge, etc.) 9 Inspect the property locker and all areas within command where invoiced property is being held at the commencement of each tour. a. Conduct "Physical Inventory" of property utilizing the Property and Evidence Tracking System. b. Inspect seals on all plastic and jewelry security envelopes present for tampering and conduct immediate investigation if seal is violated. c. Inspect Property Clerk Division seals on all street vendor property bags and compare their serial numbers with those serial numbers entered into the PROPERTY LOG. d. Enter results of inspection of invoiced property and Property Clerk Division seals in Command Log by documenting the "Physical Inventory" number ascertained from the Property and Evidence Tracking System. Make a separate entry indicating any INVOICES stored within the command in excess of thirty days, listing each PROPERTY CLERK INVOICE number. e. Notify the operations coordinator of the number of PROPERTY CLERK INVOICES stored within the command in excess of thirty days and expedite delivery of the invoiced property to its final storage location. f. Safeguard key and invoiced property during tour. 10. Certify to accuracy and completeness of entries in Command Log concerning vouchered property. 11. Make required adjustments at roll call and finalize as per ARCS procedures. a. After platoon is posted record post changes in the Command Log and on front of ROLL CALL (PD406-144) as they occur. 12. Conduct roll call and, in the absence of a lieutenant platoon commander, inspect uniforms and equipment of members of outgoing platoon, question member's knowledge of command conditions, and ensure familiarity with integrity concerns. 13. Notify patrol supervisor of reassignment of members returning from court or other details. 14. Maintain Command Log. 15. Interview visitors entering command. 16. Monitor FINEST for messages affecting command or members of command. 17. Supervise performance of: a. Command clerk b. Telephone switchboard operator c. Attendant d. Patrolwagon operator 18. DO NOT assign attendant any duty requiring them to leave cell block while prisoners are lodged therein. 19. Supervise entries made on PRISONER ROSTER (PD244-145). 20. Examine and sign forms and reports as required. 21. Process summonses issued during previous twenty-four hour period when performing duty with first platoon. 22. Supervise issuance of summons books. 23. Process application for bail and personal recognizance. 24. Verify return roll call. a. Supervise platoon sign-out at end of tour. 25. Enter in Interrupted Patrol Log identity of all members of platoon entering command for any reason. 26. Certify entries in TELEPHONE DISPATCH LOG (PD112-143) by signing the LOG after 4th hour and at end of tour. 27. Record hourly rings for all uniformed members performing duty between 0200 and 0700 hours. 28. Maintain Telephone Record. 29. Operate and monitor base radio. 30. Arrange meals and reliefs for personnel assigned to duty in command facility. 31. Ascertain that supervisor conducts investigation when a member of the service is injured and/or Department property is damaged and submit required reports in connection therewith. 32. Make required notifications to members of the service assigned to or residing within command. 33. Supervise distribution of paychecks and make appropriate Command Log entries. 34. Notify commanding officer of important matters, i.e., unusual arrest or occurrences and important messages or conditions requiring personal attention. 35. Promptly notify the Intelligence Bureau's Criminal Intelligence Section of major incidents i.e., homicides; assaults involving shootings, stabbings or slashings; home invasions; crime resulting in serious injury to members of the service, significant seizure of contraband, drugs, money, or fireworks; burglary, robbery, firearms, shooting, or pattern crime arrests; gang incidents; hidden compartments (traps) in specific vehicles and any other special circumstances deemed appropriate by the Commanding Officer, Intelligence Bureau and/or precinct/PSA/transit district commanding officer. 36. Confer with commanding officer, executive officer, and operations coordinator concerning any trends observed or other matters of importance. 37. Safeguard and distribute portable radios giving priority to nature of member's assignment. 38. Check on repair, availability and distribution of field equipment, i.e., portable radios and emergency equipment and make entries in pertinent records. 39. Examine reports and forms prepared during previous twenty-four hours and process as required when performing duty with the First Platoon. 40. Forward reports or forms to Departmental units or other commands. 41. Ensure that the United States flag is displayed properly between sunrise and sunset on each day. 42. DO NOT permit unauthorized person behind desk except the following persons when performing their official duties: a. Members of the service b. Judicial Officers c. M.E. or assistant d. Corporation Counsel or assistant e. Comptroller or assistant f. District Attorney or assistant 43. Accept service of civil process for member of command and notify member concerned, when principal administrative associate not performing duty. 44. Assign qualified member to operate patrolwagon when civilian operator is not available. If neither is available in command, request patrol borough command to assign operator. 45. DO NOT assign patrolwagon operator any duty outside stationhouse without prior approval of borough court section concerned. (Assignments from borough court section concerned have priority over precinct assignments.) 46. Verify arrival and departure of command receptionist by signing Personnel Schedule and Time Sheet. 47. Forward command receptionist program reports as required. 48. Supervise subordinate members of command. 49. Lieutenant platoon commanders serving as desk officers will evaluate effectiveness of command patrol assignments. 50. DO NOT deploy SNEU/Anti-Crime/Peddler Enforcement personnel unless a SNEU/Anti-Crime/Peddler Enforcement supervisor is assigned directly and totally to their supervision. 51. Ensure that meals assigned to supervising officers performing duty are scheduled so that a supervisor is on patrol at all times. 52. Notify telephone switchboard operator of all post changes. 53. Report defective gas pumping equipment to Fleet Services Division, Fuel Control. 54. Promptly post any messages which modify the "Uniform of the Day." 55. Prepare DAILY VEHICLE ASSIGNMENT SHEET (PD120-141) on each tour. Maintain SHEETS for the current month on a clipboard behind the desk. a. Verify DAILY VEHICLE ASSIGNMENT SHEET when performing duty with the first platoon. b. Have completed SHEETS filed after each month. 56. Prepare PRECINCT CONSOLIDATED TOUR REPORT (PD120-140) on every tour and attach to the desk copy of the ROLL CALL. 57. Inspect all areas containing Department computer systems at least once each tour and ensure that all systems are being used within Department guidelines and are not damaged in any way. 58. Make required entries on Roll Call Adjustment (Misc. 3084) and corresponding changes on desk copy of ROLL CALL prior to the start of the incoming platoon. P.G. 202-15 Command Integrity Control Officer Date Effective: 08-19-13 COMMAND INTEGRITY CONTROL OFFICER 1. Perform NO DUTIES other than integrity control. 2. Perform duty regularly in one command. 3. Develop and maintain: a. An Integrity Control Program suitable and responsive to command conditions and b. A comprehensive overtime control plan which includes an audit and review process. 4. Make recommendations to commanding officer concerning integrity control. 5. Observe command conditions and visit corruption prone locations frequently, at irregular hours. Keep commanding officer advised of conditions and possible corruption hazards. 6. Visit command holding cells, detective holding cells, emergency rooms and hospitalized prisoner rooms. 7. Assist commanding officer in developing sources of information regarding integrity and corruption by maintaining rapport with members of the service (uniformed and civilian) and private citizens. 8. Instruct uniformed members of the service, during roll call training, on the proper methods of identifying, reporting and combating corruption. 9. Provide advice to commanding officers/unit commanders concerning appropriate penalties for violations of Department regulations. 10. Conduct investigations and submit reports in response to official communications received from the Internal Affairs Bureau and patrol borough investigations units when so assigned by commanding officer. 11. Compile, maintain and update "Confidential Performance Profile" of subordinate members. Verify the "Profile" annually with the Central Personnel Index of the Personnel Bureau, and forward all necessary "Profile" information to member's commanding officer when member is transferred. 12. Confer with all sergeants upon their assignment to the command and annually thereafter, apprising them of those members of the command who have significant negative information in their "Confidential Performance Profile." 13. Conduct CPI check when new members are assigned to command. 14. Inspect time cards, overtime records, property records, minor violations log, vending machine ledgers, etc. 15. Maintain records concerning the Integrity Control Program including an "Integrity Monitoring File" (see P.G. 203-21). 16. Review records relating to court appearances resulting in overtime. 17. Inspect and sign ACTIVITY LOG (PD112-145) of sergeants. 18. Inform local businessmen of Departmental policy and provisions of the Penal Law, concerning corruption and gratuities. 19. Develop liaison with Internal Affairs Bureau and patrol borough investigations units to exchange information for self initiated anti-corruption programs. 20. Review Command Log entries regarding invoiced property daily and if any property is stored in the command in excess of thirty days, consult with the operations coordinator, desk officer etc., to determine if an integrity or corruption hazard exists. If so, brief the executive officer/commanding officer and take appropriate action to correct the situation. 21. Notify patrol borough investigations unit concerned regarding self initiated cases. 22. Verify Identification Section's printout of Criminal History Record Inquiries (name checks). 23. Ensure the annual issuance and collection of the NYPD Restricted Parking Permits (Misc.23-N) is in compliance with P.G. 219-29, "Distribution and Use of NYPD Restricted Parking Permits." a. Maintain a record of the issuance and return of the NYPD Restricted Parking Permits in a command Parking Permit Log as follows: PERMIT NO. DATE ISSUED NAME OF MEMBER VEHICLE MAKE PLATE# DATE RETURNED REMARKS 24. Check equipment and supplies regarding misuse or misappropriation. 25. Ascertain that computer security and integrity is maintained, including all official Department recorded media or recorded media coming into possession of the Department as evidence or for investigative purposes (e.g. video tape, photo-graphic images or pictures, audio recordings, electronic or internet files, etc.). 26. Conduct investigations when member of the service in the military fails to provide appropriate military contract and drill schedule to precinct timekeepers. 27. Physically inspect all Department radios assigned to command monthly to ensure accountability. 28. Identify all radios assigned outside of command on a permanent basis and confer with the commanding officer regarding the necessity for its continuance. 29. Debrief prisoners concerning corruption/serious misconduct, when possible. 30. Ensure accuracy of the license plates recorded on CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146) by performing random checks of summonses in accordance with established command self-inspection procedures. 31. Become well versed in the use of the computerized Accident System Index and its "AAMZ/AQIA screens". 32. Utilize the aforementioned "screens" to regularly scan Police Accident Reports (MV104AN) for the following corruption indicators: a. An inordinate amount of Police Accident Reports (PAR's) submitted by the same UMOS. b. Discrepancies between the dates and times of submitted PAR's and those of UMOS scheduled tours. c. Any PAR submitted by a command clerk and d. Any PAR submitted by a UMOS assigned to an outside command, i.e. task force, bordering precinct, etc. 33. Conduct investigation when warranted and contact the Fraudulent Collision Investigation Squad for assistance, if necessary. 34. Access the Department's intranet webpage each month to ascertain Paid Detail activities of individual members assigned to command, including times and locations. a. Select an appropriate representative sampling and compare against command roll call and overtime records to ensure there are no discrepancies. b. Include in command overtime self-inspection program. 35. Inspect all male and female lockers annually, during the month of November, for proper display of Department stickers POLICE DON'T MOVE (PD672-133) and PROPER TACTICS SAVE LIVES (PD642-110). a. Ensure that the POLICE DON'T MOVE sticker contains the member's rank, name, shield and squad number information b. Enter results of inspection of Department locker stickers in Command Log. NOTE: Borough Investigations Units and the Borough Training Coordinator will conduct random inspections of Command Level Training Program to ensure all members are receiving required training. P.G. 202-16 Principal Administrative Associate Date Effective: 08-01-13 PRINCIPAL ADMINISTRATIVE ASSOCIATE 1. Acts as principal assistant in precinct/police service area/transit district to operations coordinator. 2. Responsible for direct line supervision and training of both uniformed and civilian members of the service assigned to clerical, administrative, and custodial staff, including roll call, payroll/time records, clerical, crime analysis and communications. 3. Assists in providing staff supervision of SP9, telephone switchboard, command clerk positions and all non-clerical civilian personnel. a. Inform and train personnel regarding changes in position functions. b. Consult with desk officer and training officer regarding training needs. c. Request civilian personnel be included in [Rev 08-01] Command Level Training Program, when appropriate. 4. Monitors attendance and punctuality of members of the service under his/ her supervision. 5. Responsible for scheduling adequate coverage of positions under his/her supervision. 6. Develops and/or assists in developing procedures and methods, records and operational controls. 7. Communicates new and/or modified policy methods and procedures to staff and evaluates results. 8. Prepares routine, complex, and confidential communications, including self-inspection reports. 9. Prepares performance evaluations for designated staff members using "Tasks and Standards Guide." 10. Attends supervisory staff meetings and conducts meetings with subordinate staff. 11. Have a Command Log entry made of the time arriving and leaving the precinct stationhouse, police service area, or transit district, and the reason. 12. Performs other assignments as directed by commanding officer and/or operations coordinator. 13. Prepare self-inspection of command's military leave records, as required. 14. Notify the operations coordinator and integrity control officer if member's current military contract and current drill schedule are not provided by the member concerned. NOTE: In commands where there is no principal administrative associate assigned, the commanding officer concerned will designate a member of the service to perform the above functions. P.G. 202-17 Patrol Supervisor Date Effective: 08-01-13 PATROL SUPERVISOR [I.O. 72 s 13] 1. Report to the desk officer immediately prior to the start of tour for entry in the Command Log as present for duty. 2. Supervise all police field operations within command during tour of duty. 3. Immediately respond to and direct activities at radio runs involving any weapons (firearms, knives, etc.), serious crimes, burglaries and emergencies. a. Make appropriate ACTIVITY LOG (PD112-145) entries. (1) Communications Section will immediately dispatch a patrol supervisor from an adjoining command if patrol supervisor, command of occurrence, is not available. 4. Conduct roll call, if directed by lieutenant platoon commander or desk officer. 5. Confer with commanding officer, executive officer, operations coordinator, lieutenant platoon commander and desk officer concerning trends observed or other matters of mutual interest and importance. 6. Conduct investigation and submit reports on injuries to members of the service (uniformed and civilian) or damage to Department property. 7. Report serious deficiencies in RMP seatbelts to lieutenant platoon commander or in his/her absence, direct to commanding officer. NOTE: Take appropriate action if defects in seatbelts are deemed to be of a nature not consistent with normal usage. In addition, be vigilant for indications that members are disabling or improperly using seatbelts (e.g. buckling seatbelt behind occupant's body or behind seat.) 8. Report all vandalism of RMP seatbelts to the Internal Affairs Bureau. 9. Visit various locations within command at different times during the first platoon to ascertain that uniformed members of the service are performing duty at all times. 10. Conduct investigations and submit reports as required. 11. Maintain ACTIVITY LOG and make entries listing times, names and assignment of police officers visited. 12. Be cognizant of crimes and other conditions within command and instruct police officers concerning activities that affect their sector/posts. 13. Patrol command in uniform equipped with portable radio, as directed. 14. Supervise inspection of Department vehicles assigned to members of platoon. 15. Visit police officers assigned to foot and radio motor patrol frequently and at irregular intervals during tour and indicate visit by signing ACTIVITY LOG of each member. 16. Visit uniformed members of the service assigned to hospital and special posts at least once each tour. 17. Ensure that radio messages directed to member assigned to sector/post are acknowledged. 18. Direct RMP units to resume patrol when services are no longer required. 19. Report derelictions of duty to commanding officer. 20. Keep lieutenant platoon commander or desk officer notified of current matters of importance. 21. Notify switchboard operator of location where meal will be taken and relieve lieutenant platoon commander or desk officer for meal, when designated. 22. Direct uniformed members assigned to scooter duty to report to lieutenant platoon commander or desk officer for reassignment when weather/road conditions make scooter operation dangerous. [I.O. 50 s 11] 23. Review and sign POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS(PD439-1424) OF POLICE OFFICERS/DETECTIVE SPECIALISTS, WEEKLY. a. Make required entries and deliver completed REPORTS to platoon commander for review by the fifth day for the previous month. 24. Sign return ROLL CALL (PD406-144) after completion of tour. 25. Supervise member's performance of duty, test knowledge of command conditions and closely evaluate member's activity. 26. Submit to commanding officer, in writing, recommendations for special assignment, detective designation, or change in assignment for members under supervision. 27. Evaluate driving habits and abilities of members of the platoon and take corrective action as necessary. P.G. 202-18 Supervisor Of Anti-Crime Patrol Date Effective: 08-01-13 SUPERVISOR, ANTI-CRIME PATROL 1. Confer with commanding officer, special operations lieutenant, crime analysis officer and uniformed supervisors on patrol to identify locations of high crime within the command. 2. Examine COMPLAINT REPORTS (PD313-152) and ON LINE BOOKING SYSTEM ARREST WORKSHEETS (PD244-159) to establish times and locations of violent street crimes and burglaries. [I.O. 2 s 10] 3. Inspect members daily for proper equipment and ensure that each member is equipped with a nylon windbreaker jacket (including Transit Bureau anti-crime members) conforming to the specifications of P.G. 204-04, "Optional Uniform Items," and pepper spray. 4. Inspect Department autos daily for necessary equipment, including portable red light. 5. Ensure that members are properly trained regarding duties as described in current Department directives. 6. Supervise member's performance, be cognizant of location of anti-crime members, and be able to contact personnel at all times. 7. Apprise patrol sergeants of anti-crime activity locations for information of uniformed members on patrol. 8. Ensure that anti-crime personnel do not conduct decoy operations without prior approval of the bureau chief concerned. 9. Notify platoon commander and special operations lieutenant of all incidents of importance that occur during tour. P.G. 202-19 Training Sergeant Date Effective: 08-01-13 TRAINING SERGEANT 1. Perform duty, in uniform, as the command's primary training instructor and coordinator of field training. 2. Perform tours of duty at the direction of the commanding officer, as necessary. 3. MUST dedicate a minimum of four hours and thirty minutes of each tour to patrol related functions, e.g., meal relief for desk officer and/or patrol supervisor, investigating communications, etc. 4. Conduct training sessions for the three platoons as follows: a. 1st and 2nd Platoons - 0720 to 0745 hours b. 3rd Platoon - 1515 to 1535 hours. 5. Schedule and conduct training sessions for all uniformed and, when appropriate, civilian members of the command not assigned to a steady platoon (i.e., Community Policing Unit, Anti-Crime, Street Narcotics Enforcement Unit and civilians). a. Training sessions will be conducted twice weekly for forty-five to sixty minutes duration. [I.O. 50 s 11] 6. Inform members during training sessions of identified sector conditions as per the most recent weekly COMMAND CONDITIONS REPORTS. 7. Maintain and sign the Training Attendance Log daily. 8. Have tours adjusted, where applicable, by the commanding officer to ensure that all police officers working tours outside the training sergeant's normal tour will receive training. 9. Attend Police Academy training seminars and conduct training in topics selected by the Department's Training Advisory Committee. a. Research and prepare lesson outlines in accordance with schedules promulgated by the Borough Training Coordinator. 10. Confer frequently with commanding officer to identify training needs. 11. Implement training directives of commanding officer. 12. Keep abreast of occurrences within the command and conditions to aid commanding officer in identifying problems which may be solved by command level instruction. 13. Maintain attendance records at training sessions and other Department training programs. a. Coordinate the attendance by members of the command at all Department training programs. 14. Monitor and review attendance records to ensure that all members of the command, both uniformed and civilian, when appropriate, are trained within each training cycle and that training is conducted each day as required. NOTE: Appropriate investigation unit and the Borough Training Coordinator will conduct random inspections of [Rev 08-01] Command Level Training Program to ensure all members are receiving required training. 15. Ensure that lesson plans and training materials are available and accessible to the alternate trainer when not scheduled or unavailable to conduct training. 16. Prepare roll call training messages. 17. Prepare and maintain bulletin board training within the command. a. Supervise maintenance of other command bulletin boards/pin maps. 18. Measure effectiveness of training efforts on members of command. 19. Attend community meetings when designated to do so by commanding officer. 20. Give advance notice of future training topics to increase interest. 21. Maintain command library. 22. Keep abreast of current orders (i.e., Interim/Operations Orders, FINEST messages, etc.). a. Include pertinent material during training sessions. 23. Distribute Patrol Guide Revision Notices and other Department directives as required. 24. Confer with principal administrative associate or designee to determine civilian training needs. [I.O. 7 s 12] 25. Confer with the Department's Facilities Management Division in the implementation of an effective recycling program. a. Post information on what and how to recycle where appropriate (e.g., bulletin boards, etc.) b. Ensure members of the service receive information about recycling procedures and best practices for waste reduction and reuse c. Contact, quarterly, the Facilities Management Division's Recycling/Sustainability Coordinator to report actions that were taken to implement the Waste Prevention, Reuse and Recycling Plan. NOTE: The Police Academy will develop and supply training sergeants with training curriculums and materials in coordination with the Office of the Chief of Department. P.G. 202-20 Precinct School Safety Sergeant Date Effective: 08-01-13 PRECINCT SCHOOL SAFETY SERGEANT 1. Assist precinct commanding officer in developing and implementing the precinct school safety plan. 2. Coordinate precinct resources to address developing school-related conditions. 3. Perform an operational tour of duty, ensuring that hours are consistent with school hours of operation, particularly dismissal times. 4. Maintain ongoing liaison with principals and school staff. 5. Coordinate the evaluation and supervision of school safety agents. 6. Assist with training of school safety personnel. 7. Coordinate activities with precinct youth officer. 8. Evaluate and coordinate "Safe Passage" and "Safe Corridor" Programs. 9. Act as conduit to Department for school safety agents' requests for resources. 10. Visit schools and track statistics on violence in schools by conferring with school principals and school safety agents. [I.O. 47 s 12] 11. Establish liaison and coordinate precinct efforts with the School Safety Division, Truancy Coordinator. 12. Liaison with the precinct domestic violence prevention officer on cases involving child abuse. 13. Respond to incidents where a school safety agent is a victim of an offense while performing duty. 14. Keep special operations lieutenant apprised of activities in and around school facilities. [I.O. 47 s 12] 15. Identify locations at the beginning of every school year, for all schools within the precinct, where truants will be delivered to and identify at least one person in each school who will accept responsibility for truants delivered. P.G. 202-21 Police Officer Date Effective: 08-01-13 POLICE OFFICER 1. Perform duty in uniform as indicated on roll call or as directed by competent authority. 2. Proceed to post, sector or assignment as directed by supervisor. 3. Comply with meal and post relieving points as directed by commanding officer. 4. Report to desk officer when entering or leaving stationhouse / police service area / transit district during tour of duty indicating reason for presence therein. 5. Be aware of, and inspect, post or sector for conditions requiring police attention. 6. Report immediately to the patrol supervisor and the platoon commander any unusual crime, occurrence or condition. 7. Report conditions not requiring immediate attention to the command clerk. 8. Render all necessary police service in assigned area and as otherwise directed. 9. Familiarize self with the everyday routine of people residing, doing business or frequenting post or sector. 10. Investigate suspicious conditions and circumstances on the post. 11. Give attention to crime hazards. 12. Signal the command each hour, if not equipped with radio. a. All uniformed members will ring between 0200 and 0700 hours direct to the desk officer. b. When assigned to school or church crossing, signal before and after crossing. c. Do not signal when assigned to a traffic post. d. Uniformed members assigned to the Transit Bureau will signal the command when arriving and leaving assigned post, going on and coming off meal, and as indicated on the roll call. 13. When dispatched to an assignment by the telephone switchboard operator, keep the telephone switchboard operator informed of police services rendered. 14. Report police services rendered in another command to desk officer of that command. [I.O. 50 s 11] 15. Submit POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT (PD439-1424) to the designated sergeant for review and signature on the seventh, fourteenth, and twenty-first day of every month. a. Submit completed REPORT to designated sergeant by the second day of the month for the previous month. b. Submit REPORT prior to leave, or if not possible, without delay upon return to duty if scheduled for vacation or other leave. 16. Call the desk officer when detained at court or elsewhere and unable to return to command to sign the Return Roll Call at end of tour. 17. Maintain ACTIVITY LOG (PD112-145). 18. Preserve completed ACTIVITY LOGS and produce them as required by competent authority. 19. Monitor portable radio. 20. Do not leave post / sector until meal actually commences and be back on post when meal is over. (Travel time is not authorized). P.G. 202-22 Radio Motor Patrol Operator Date Effective: 08-19-13 RADIO MOTOR PATROL OPERATOR 1. Inspect the serviceability of seatbelts in the radio motor patrol car. a. Notify patrol supervisor of any deficiencies found in accordance with P.G. 219-01 "Inspection of Department Vehicles Each Tour by Operator." 2. Wear Seat Belts. a. Wear three-point seatbelts, when provided. b. Wear two-point safety belts (lap belts) if three-point safety belts are not provided. NOTE: There is an increased risk of significant injury to members of the service who do not wear safety belts. There is no question that wearing a safety belt when involved in a motor vehicle collision reduces the extent and severity of injuries and saves lives. Therefore, the wearing of safety belts is required for all individuals operating or riding in a Department vehicle (marked or unmarked) or a private vehicle authorized for Department use. Safety belts may be removed ONLY when a member of the service is involved in what appears to be a dangerous tactical situation and the wearing of the safety belt may impair the member's ability to take police action. 3. Exchange assignments every four hours with the recorder of the radio motor patrol car. 4. Operate car for the entire tour when assigned as driver of ranking officer. a. Monitor radio messages directed to assigned area when supervisor is out of car. 5. Permit only uniformed members of the service performing related police duty to enter or ride in a radio motor patrol car on patrol. 6. Respond to messages of serious police emergency within five blocks of location even if messages are directed to another car, regardless of sector, precinct and borough boundaries. 7. Do not carry electric blasting caps in vehicles or transmit within 150 feet of any electric blasting operation. 8. Monitor radio when recorder is assigned to a school or church crossing. a. Pick up recorder and respond to assignment when directed by radio dispatcher. 9. Leave radio on and have the car ready for instant use when car is being cleaned or supplied with fuel. a. Do not put car out of service if fuel is to be obtained in assigned command. 10. Avoid remaining in areas where radio reception is poor. 11. Proceed to an emergency scene with due caution. (Do not use the siren unnecessarily; approach the scene of a reported crime quietly.) 12. Take RMP car out of assigned sector when: a. Directed by competent authority, or b. Answering an emergency call, or c. Servicing, repairing or cleaning required, with permission of desk officer. 13. Constantly patrol assigned sector. 14. Do not unnecessarily leave the car unattended. a. REMOVE keys and LOCK car when answering call. b. DO NOT LEAVE PORTABLE RADIO IN CAR. 15. Position car at scene of an emergency to avoid obstructing, or being blocked by, emergency apparatus. 16. Sign return roll call at end of tour. 17. Perform the duties of recorder when none is assigned. 18. Inspect the car when reporting for duty (see P.G. 219-01, "Inspection of Department Vehicles Each Tour by Operator"). 19. Make ACTIVITY LOG (PD112-145) entry of findings, odometer reading and amount of gasoline in the tank as registered by the indicator, in addition to all other required entries as per Patrol Guide 212-08 "Activity Logs." 20. Notify the desk officer when a car requires speedometer repairs or other repairs or replacement of parts or accessories, including tires and tubes. 21. Operate car in manner to avoid injury to person or damage to property. 22. Drive at slow rate of speed except under exceptional circumstances or extreme emergency. 23. Operate RMP car only when assigned and only when Department qualified to operate such vehicle. 24. Take care of car and accessories, equipment and tools assigned. 25. Cooperate with other operators of same car to which assigned in care and maintenance, particularly cleaning, washing and keeping the car in proper operating condition. 26. Make minor repairs to car when possible. 27. Enter appointment for preventive maintenance on sticker affixed to vehicle. 28. Deliver car for regular preventive maintenance inspection as scheduled on sticker affixed to vehicle. 29. Do not tow or push another vehicle with RMP car. NOTE: Highway District vehicles equipped with "protective bumper guards" may push disabled vehicles obstructing active traffic lanes to the nearest location where it may be parked safely. In NO event will disabled vehicles be pushed to repair shops or onto private property (see P.G. 214-31, "Removal of Vehicles from Parkways, Highways and Expressways"). P.G. 202-23 Radio Motor Patrol Recorder Date Effective: 08-19-13 RADIO MOTOR PATROL RECORDER 1. Assist Radio Motor Patrol Operator in inspection of seatbelts. a. Inform Radio Motor Patrol Operator of any deficiencies found and record findings in ACTIVITY LOG (PD112-145). NOTE: Report seatbelt deficiencies to the Patrol Supervisor. 2. Ride in the front seat of radio motor patrol car, except when transporting prisoner, emotionally disturbed person, etc., in a radio motor patrol car not equipped with a fiberglass partition. a. Wear three-point seatbelts, when provided. b. Wear two-point safety belts (lap belts) if three-point safety belts are not provided. NOTE: There is an increased risk of significant injury to members of the service who do not wear safety belts. There is no question that wearing a safety belt when involved in a motor vehicle collision reduces the extent and severity of injuries and saves lives. Therefore, the wearing of safety belts is required for all individuals operating or riding in a Department vehicle (marked or unmarked) or a private vehicle authorized for Department use. Safety belts may be removed ONLY when a member of the service is involved in what appears to be a dangerous tactical situation and the wearing of the safety belt may impair the member's ability to take police action. 3. Notify radio dispatcher of the presence of a prisoner, emotionally disturbed person, etc., the time entering the RMP, their gender and the beginning mileage. a. Notify the radio dispatcher of the time persons exited RMP and ending mileage, upon arrival at destination. 4. Operate the radio. 5. Record in ACTIVITY LOG (PD112-145), radio messages directed to car, including time, location of call and type of case, in addition to all other required entries as per Patrol Guide 212-08, "Activity Logs." a. Enter disposition of each call and time of completion. 6. Make hourly ring direct to desk officer between 0200 and 0700 hours. 7. Transmit disposition or interim disposition to radio dispatcher immediately upon completion of assignment and before leaving the scene of assignment. a. Transmit interim disposition to radio dispatcher if required to proceed to another location in connection with current assignment. b. Notify desk officer of disposition of assignments originating from command or other important assignments of an unusual nature. 8. Notify the radio dispatcher if undue delay is encountered in response to a radio message. 9. Obtain a portable radio, if available, from the desk officer. 10. Cover school crossing or other fixed post, as required. 11. Prepare all necessary reports and records connected with police action taken jointly with operator, while assigned as recorder. 12. Signal command and comply with instructions of desk officer, if radio station becomes inoperative. 13. Obtain permission from radio dispatcher to place R.M.P. auto out of service for minor repairs. 14. Notify radio dispatcher of all assignments including pickup assignments, not emanating from Communications Section. a. Give location and nature of assignment. 15. Carry duplicate set of keys for vehicle to which assigned during the entire tour of duty. P.G. 202-24 Motor Scooter Operator Date Effective: 08-19-13 MOTOR SCOOTER OPERATOR 1. Operate scooter at a slow, safe rate of speed. a. Three-wheel scooters may be operated on all tours at speeds not exceeding twenty M.P.H. 2. Operate scooter with headlight on at all times. 3. Report to command by telephone each hour or during emergencies as directed by commanding officer. 4. Do not use scooter to pursue motor vehicles nor be assigned to expressways or parkways. 5. Check road conditions of entire post and make ACTIVITY LOG (PD112- 145) entry immediately after arrival on post. 6. Request reassignment when original assignment is hazardous due to spillout from trucks, construction or other poor road surface conditions. 7. Do not perform scooter duty when: a. Rain, snow, sleet, heavy fog, or any precipitation causes ground to become slippery. (1) Three-wheel scooters may be used in moderate rain and fog. b. Patches of snow or ice remain from previous storm. c. High winds interfere with control of scooter. d. Temperature falls below 32 degrees Fahrenheit, 0 degrees Celsius (except three-wheel scooter). 8. Receive refresher training in motor scooter operation when member: a. Has been involved in scooter collision. b. Has not operated a Department scooter within six months period and is being considered for assignment to operate scooters. c. Has performed scooter duty for one year period without attending refresher course. 9. Inspect scooter to ensure it is in serviceable condition and enter in ACTIVITY LOG findings, odometer reading and amount of gasoline in tank. 10. Operate scooter only when assigned, properly licensed and designated as qualified Department Scooter Operator. 11. Monitor portable radio. 12. Wear dual-purpose disorder control/scooter helmet with face shield in place. a. Face shield is not required to be in place when operating three-wheel scooter. 13. Wear reflective belt or reflective traffic safety vest during hours of darkness. 14. Obey traffic control devices. a. Siren and roof lights installed on three-wheel scooters will be operated when necessary. 15. Use extreme caution when approaching intersection or making turns. 16. Do not respond to radio runs unless specifically directed by radio dispatcher. P.G. 202-25 Anti-Crime Police Officer Date Effective: 08-01-13 ANTI-CRIME POLICE OFFICER 1. Perform duty in civilian clothes. a. Be equipped with pepper spray while on duty. 2. Maintain daily record of activity in ACTIVITY LOG (PD112-145). 3. Study and analyze command crime statistics and reports. 4. Patrol within confines of command giving special attention to locations prone to violent street/subway crimes and burglaries. 5. Inform radio dispatcher when responding to, or present at the scene of a police incident and include description of clothing worn, vehicle used, etc. 6. Wear appropriate identification when present at scene of a police incident (nylon windbreaker jacket, shield, headband, color of day, etc.). a. Properly identify self prior to taking any police action, if possible. 7. Conduct short-term investigations, not to exceed two hours, within command boundaries, directly related to street/subway crimes or burglaries except when commanding officer/executive officer extends such time. 8. Do not conduct lineup or show photographs without permission of detective squad supervisor or qualified supervisor of investigating unit (e.g., BRAM, etc.). 9. Stop a vehicle under the following circumstances: a. Reasonable suspicion that the occupant(s) of the vehicle have committed, are committing, or about to commit a crime; OR b. Probable cause that the occupant(s) of the vehicle have committed a crime; OR c. Upon observing the vehicle, reasonable suspicion exists that a violation of the traffic laws has been committed; OR d. Upon observing the vehicle, probable cause exists that a violation of the traffic laws has been committed; OR e. The vehicle is stopped according to some non-arbitrary, non-discretionary, systematic procedure (e.g., a roadblock, or DWI checkpoint). (1) All civilian clothed uniformed members of the service shall, when practical, utilize portable red light, NYPD windbreaker jacket, NYPD baseball cap and/or color of the day. (2) Contact Communications Section and request marked Department vehicle respond, if practical. NOTE: Civilian clothed uniformed members of the service (i.e., Anti-Crime, PDS/BRAM Units) shall conduct taxi/livery checks pursuant to the Taxi/Livery Robbery Inspection Program (TRIP) and passenger vehicle checks pursuant to the Combat Auto Thefts (CAT) program. When a vehicle stop is made on the basis of an observed traffic infraction, uniformed members of the service should take proper police action, including the issuance of summonses. P.G. 202-26 Crime Prevention Officer Date Effective: 08-01-13 CRIME PREVENTION OFFICER 1. Cooperate with the special operations lieutenant, patrol supervisors, patrol officers, planning officer, training officer, and the auxiliary coordinator to determine local crime prevention needs and methods of controlling crime. 2. Evaluate crime patterns and institute crime prevention programs relative to specific crimes. 3. Establish rapport with local community to implement innovative crime prevention programs tailored to specific needs. 4. Act as liaison with private security directors of organizations within command and facilitate exchange of intelligence information with the business community. 5. Coordinate "Zero Tolerance" and larceny reduction programs with retail establishments regarding shoplifting arrests. 6. Keep commanding officer apprised of private sector initiatives, and progress of the ongoing Area Police Private Security Liaison (APPL) program. 7. Conduct public education programs on crime prevention via various community group meetings. 8. Give direction and guidance to cooperative neighborhood crime prevention undertakings. 9. Inspect premises and make recommendations concerning physical security. 10. Investigate selected crimes against property, evaluate current security measures and recommend new procedures to owners or residents. 11. Investigate selected crimes against the person, interview victims and institute individual and community education programs to prevent recurrence. 12. Refer complex cases which require special investigative effort to the Crime Prevention Section. 13. Wear appropriate business attire when not performing duty in uniform. 14. Inspect all COMPLAINT REPORTS (PD313-152) to identify crime victims under sixty years of age, who have been the subject of: a. Homicide, sex crime, robbery, assault, OR, b. Physically injured. NOTE: Notification of rights to compensation for victims aged sixty years and over will be made by the New York City Department of the Aging. 15. Verify if member of the service preparing/investigating COMPLAINT REPORT involving a crime victim has complied with P.G. 207-08, "Preliminary Investigation of Complaints (Other than Vice or Narcotics Complaints)". 16. Notify crime victim/surviving relative by mailing a pamphlet/application through the Mail and Distribution Unit within five days of receipt of COMPLAINT REPORT. a. If requested, provide assistance to crime victim or relative in completing Application for Compensation form. Another available officer from Community Affairs or Domestic Violence should be designated to assist crime victim/relative in the absence of the crime prevention officer. b. Operations Coordinator will be responsible for maintaining the notification system in the absence of the Crime Prevention Officer. 17. Maintain written records of the month's activity of all notifications made and forward a report on Typed Letterhead, by the fifth of each month, to the patrol borough command concerned. a. Patrol borough commands will consolidate monthly reports and forward them, within three days, to Crime Victims Unit, Chief, Community Affairs. 18. Administer VIN etching, CAT, HEAT, BAT, and similar programs. 19. Function as the liaison between this Department and the Protective Services for Adults agency and Department of the Aging. a. Receive telephone inquiries, ensure appropriate response, if necessary, and convey the results to originating agency. P.G. 202-27 Planning Officer Date Effective: 08-01-13 PLANNING OFFICER 1. Perform duty in uniform, when practical, as member of the command administrative staff. 2. Conduct planning activities of the command under the direction of the commanding officer. 3. Maintain liaison with Operations Unit, and other planning officers. 4. Maintain records and prepare reports relating to planning activities. 5. Develop innovative plans in the areas of crime prevention, traffic, patrol and investigative techniques, community affairs and other operating functions of the command. 6. Devise methods for measurement of performance. 7. Conduct analysis of operations, including workload, functions, allocation and utilization of personnel and other resources. 8. Make recommendations concerning use of available resources to achieve objectives. 9. Study specific problems peculiar to the command, such as crime patterns and incidence, personnel activity, prisoners in a hospital, and method or type of patrol technique employed. 10. Prepare projections of future resource requirements, make recommendations for revision of post or sector boundaries, and changes in allocation or utilization of patrol resources. 11. Study and update existing disorder, disaster or other plans affecting the command. 12. Identify need for new plans. 13. Study and document changing conditions within the command and determine impact on police services. 14. Make estimates of the command situation and provide the commander with information on how significant factors will affect the situation. 15. Participate in development and/or evaluation of pilot projects. 16. Develop local procedures to facilitate the introduction of new Department-wide procedures. 17. Collect, collate, evaluate and then disseminate information within the command and with higher, lower and parallel commands. 18. Represent commanding officer, when designated, at community meetings. 19. Coordinate activities with the crime prevention officer. P.G. 202-28 Traffic Safety Officer Date Effective: 08-19-13 TRAFFIC SAFETY OFFICER 1. Serve on the precinct Traffic Safety Team and advise team members on traffic related issues and concerns. 2. Review and analyze all Police Accident Reports (MV104AN). a. Note any deficiencies and bring to the attention of the precinct training sergeant. 3. Provide to the desk officer for review a daily recapitulation of all collision numbers generated for a given command. 4. Maintain a file of completed photocopied Police Accident Reports, by the month in which the collision occurs, for a minimum of one year, in a secure locked cabinet. 5. Duplicate and forward collision reports, on a daily basis, to the Highway Unit concerned for collisions occurring on limited access highways. 6. Duplicate and forward collision reports to other agencies (Department of Motor Vehicles, Taxi and Limousine Commission, etc.), when necessary. NOTE: All duplicate Police Accident Reports for outside agencies will be placed in a white envelope, addressed appropriately (e.g., Office of the Comptroller, One Centre Street, New York, NY 10007, attn: CIF Department) and forwarded to the Mail and Distribution Unit. 7. Fax copy of all Police Accident Reports involving a "crossover" collision to the Corporation Counsel and the Highway District. NOTE: A crossover collision is a motor vehicle collision occurring on a surface road or limited access highway where a motor vehicle strikes or crosses over any type of median (jersey barrier, guard rail, divider, fence, etc.) separating opposing traffic. 8. Analyze and process TRAFFIC INTELLIGENCE REPORTS (PD178-150). 9. Forward TRAFFIC INTELLIGENCE REPORTS that cannot be addressed on the precinct level to the Patrol Borough Traffic Safety Coordinator. 10. Query the Traffic Accident Management System (TAMS) for listing of collision prone locations. 11. When necessary, identify collision-prone locations not listed in TAMS. 12. Survey all collision-prone locations and determine contributing factors for each location. 13. Recommend necessary engineering, enforcement and education strategies for collision reduction. 14. Forward necessary enforcement information (days and hours collisions are occurring, contributing factors, e.g. weather conditions, etc.) to other units providing summons enforcement in the precinct, such as the Patrol Borough Task Force, Highway Units, Citywide Traffic Task Force, etc. 15. Maintain a liaison with the city's Department of Transportation regarding engineering recommendations. 16. Issue appropriate summonses at collision-prone locations. 17. Maintain copies of construction permits, visit construction sites and issue summonses for permit violations. 18. Count, record by category (e.g., red lights, improper turn, etc.), and process relevant summonses. 19. Enter enforcement activity in TAMS and complete a Supplemental Enforcement Ratio Report, when necessary. 20. Maintain and update the precinct Traffic Safety Plan and Emergency Plans "A", "B" and "C". 21. Evaluate and monitor the precinct Pedestrian Safety Program. 22. Attend patrol borough traffic safety meetings. 23. Compile necessary statistical data for TRAFFICSTAT meetings and attend meeting with executive officer when precinct is scheduled for a presentation. 24. At the direction of the commanding officer, attend community council and Safety Board meetings, as well as other public forums to discuss traffic safety. 25. Coordinate activities with the Community Affairs Officer to reduce collisions involving children. 26. Cooperate with the Precinct Planning Officer in matters concerning traffic safety. 27. Coordinate traffic related training (radar, construction site enforcement, school crossing guards, etc.) with the training sergeant. 28. Prepare and/or forward the following reports: a. Monthly TAMS Collision Prone Location Report, Precinct Enforcement Ratio Report and Enforcement Ratio Recap b. Supplemental Collision Prone Location Report and Enforcement Ratio Report, when necessary c. Traffic/Quality of Life Report d. Precinct Radar Program Report e. Pedestrian Safety Overtime Report f. Commuter Van Enforcement Report g. Tow Truck Collision Report h. Aggravated Unlicensed Operator Program Report. 29. Review the HIGHWAY CONDITION RECORD (PD311-151) for conditions that require notification to, or follow-up with, other agencies (Department of Transportation, Parks, etc.). 30. Prepare MISSING TRAFFIC CONTROL DEVICE REPORT (PD620-150) and forward to the appropriate Department of Transportation Borough Commissioner. 31. Maintain and update the precinct's traffic safety bulletin board to keep members current on collision-prone locations, school/church crossings and other traffic safety information. 32. Serve on the Precinct Vehicle Collision Safety Review Board and process necessary reports. 33. Review on a daily basis all summonses for moving violations and violations returnable to criminal court, and all Environmental Control Board Notices of Violation and Hearing. a. Identify those summonses/Notices issued to owners/operators of vehicles licensed or those owners/operators of vehicles that should be licensed by the New York City Taxi and Limousine Commission. b. Reproduce two photocopies of each summons/Notice, entering on the top of each photocopy the next respective sequential number from the "Report of Violation" log, and then forward one of the photocopies to the New York City Taxi and Limousine Commission. c. File remaining photocopy of summons/Notice in rear of "Report of Violation" log or command file. NOTE: All Traffic Safety Officers MUST be familiar with the Procedural Manual For Traffic Safety Officers. The duties and responsibilities of the Traffic Safety Officer are substantial and are fundamental in establishing an effective traffic safety program. Commanding officers will not assign duties to the Traffic Safety Officer that are unrelated to traffic. In precincts that have a large number of collision prone locations, the assignment of an Assistant Traffic Safety Officer may be warranted. P.G. 202-29 Domestic Violence Prevention Officer Date Effective: 08-01-13 DOMESTIC VIOLENCE PREVENTION OFFICER 1. Perform duty in uniform, unless specifically authorized to do otherwise. a. Tours of duty will be set in accordance with command needs. 2. Review New York State Domestic Incident Reports (DCJS-3221) for accuracy and completeness. a. Indicate verification by completing the "Reviewed by" caption on the Domestic Incident Report. b. Forward copy of Domestic Incident Report to precinct's Domestic Violence Investigator. 3. Review each tour's SPRINT Resource Log and ensure that a Domestic Incident Report has been prepared for all assignments in which a 10-93F, 10-92F, or 10-90F radio code disposition was given. 4. Maintain a command Domestic Incident Report Log to record each Domestic Incident Report, captioned as follows: PRECINCT SERIAL NO. SPRINT NO. DATE OF REPORT VICTIM'S NAME 5. Maintain a Domestic Incident Report file comprised of all Domestic Incident Reports prepared within the command, or forwarded from other commands. NOTE: The original Domestic Incident Report (Domestic Violence Prevention Officer's copy) and the first (1st) copy (Domestic Violence Investigator's copy) will be filed in the command of occurrence. If the command of occurrence is other than complainant/victim's resident precinct and a Report is prepared, a photocopy of that Report will be forwarded to the Domestic Violence Prevention Officer assigned to the complainant/victim's resident precinct. 6. Enter information obtained from all Domestic Incident Reports into the command's Domestic Incident Report database, updating existing files as new information concerning a particular complainant or household becomes available. 7. Identify and monitor those locations and victims (including all members of the household who may be at risk) requiring special attention by utilizing information obtained from all available sources. [I.O. 9 s 09] a. Enter all persons/families listed on the command High Propensity List (HPL) into the Domestic Incident Report (DIR) database utilizing the "Case Management" feature b. Update the online HPL information during the first week of each month after conferring with the commanding officer. 8. Maintain contact with complainants, i.e., telephone calls, letters, home visits, or interviews at the command, depending on the complainant's needs and preferences. a. Use caution when attempting to contact victims so as not to alert the alleged offender of police intervention. [REV 05-02] NOTE: In an effort to avoid compromising ongoing investigations, the Domestic Violence Prevention Officer will confer with the precinct detective squad or Special Victims Squad investigator concerned, before contacting victims whose open complaints have been referred to either squad. Prior to conducting a family/home visit, notify Communications by utilizing radio code "10-75F" and give the address, and if applicable, the apartment number of the visit. [I.O. 5 s 12] 9. Document any visits to domestic violence victim(s) and/or offender(s) where documented domestic violence has occurred as follows: a. If home visit was successful (i.e. contact was made with victim and/or offender, record the visit in Home Visit Log and complete DOMESTIC VIOLENCE HOME VISIT CHECKLIST (PD313-148). b. If home visit was unsuccessful (i.e., contact was not made with victim and/or offender), record visit in Home Visit Log. c. Submit completed DOMESTIC VIOLENCE HOME VISIT CHECKLIST to desk officer or immediate supervisor for review and signature. 10. Maintain file of all completed DOMESTIC VIOLENCE HOME VISIT CHECKLISTS prepared within the command. 11. Effect summary arrests in adherence with P.G. 208-36, "Family Offenses/Domestic Violence," if during the course of a home visit, interview, etc., a wanted offender is present. a. Ensure that a computer warrant check on individuals identified on the Domestic Incident Report has been completed prior to conducting a home visit, interview, etc., and that results have been entered on the Domestic Incident Report. 12. Relay information concerning victims or locations requiring special attention to other command personnel, including the Domestic Violence Investigator, community policing officers, youth officers, and sector officers. 13. Furnish complainants/victims with information concerning their rights, particularly the Right of Election, providing explanation if necessary. a. Advise complainants/victims of the availability of Orders of Protection. 14. Assist in the serving of Orders of Protection, when requested. NOTE: The above responsibility addresses all Orders of Protection served between Family/Household - Expanded Definition members, NOT the temporary Orders of Protection from Family Court as outlined in P.G. 212-57, "Service Of Orders Of Protection By Uniformed Members Of The Service." 15. Advise complainants of the availability of counseling, assistance, and shelter. [I.O. 5 s 12] ADDITIONAL DATA DOMESTIC VIOLENCE HOME VISIT CHECKLISTS, are potential Rosario material and must be maintained at the precinct of occurrence. If an arrest is effected, the arresting officer must ensure that the Assistant District Attorney is provided with a copy of the DOMESTIC VIOLENCE HOME VISIT CHECKLIST in regard to the incident. When requested, the domestic violence prevention officer will make the DOMESTIC VIOLENCE HOME VISIT CHECKLIST prepared regarding the incident available to an Assistant District Attorney. P.G. 202-30 Youth Officer Date Effective: 08-01-13 PRECINCT YOUTH OFFICER 1. Process and investigate JUVENILE REPORT SYSTEM WORKSHEET (PD377-151A) [REV 04-09] prepared for youths residing in precinct. 2. Maintain file of JUVENILE ARREST INVESTIGATION/ PROBATION INTAKE REPORTS (PD277-151). 3. Contact parents and warn of truancy or other offenses committed by their children that resulted in a YOUTH REFERRAL (PD377-153) or JUVENILE REPORT SYSTEM WORKSHEET (PD377-151A) [REV 04-09] 4. Execute youthful offender warrants and institute court process when necessary. 5. Coordinate, guide, develop and stimulate Police Athletic League and youth programs, in cooperation with neighborhood volunteers, including community and youth councils. 6. Assist commanding officer in the development and review of School Security Plans, Summer Youth Security Plans and Safe Corridor Plans. 7. Coordinate Summer Youth Work Program and assist/complement efforts of community affairs and crime prevention officers. 8. Ensure witnesses and complainants appear as necessary in Family Court for cases involving violent youth. 9. Follow up on ALL CRIMES, petty and serious, committed by youths. a. Attempt to involve petty offenders in positive youth groups. 10. Coordinate intelligence, identify youth gangs and maintain youth gang file, including the names of known members, locations, colors, rivals, etc. 11. Establish liaison with schools, Police Athletic League, DARE, local community groups, and social agencies, and make necessary presentations. 12. Identify any locations frequented by truants and notify the borough truancy task force. 13. Establish liaison and coordinate efforts with the borough truancy task force and Youth Services Section. 14. Identify home conditions which contribute to youth violence. 15. Provide essential information on youth violence/domestic violence to command personnel working on like cases. 16. Work with the domestic violence prevention officer on cases involving child abuse. 17. Visit schools and track statistics on violence in schools by conferring with school principals and school safety officers. 18. Prepare YOUTH REFERRALS, REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154), GANG/GROUP INCIDENT REPORT (PD377-158), and/or JUVENILE REPORT SYSTEM WORKSHEET (PD377-151A) [REV 04-09] as necessary. 19. Be familiar with current case law when conducting interviews and interrogations. 20. Patrol, in uniform, at locations where youths congregate during school hours. 21. Patrol, in uniform, areas frequented by youths during hours that school is not in session. 22. Youth officers are responsible for the cleanliness, supply of reports and security of the juvenile interrogation room. 23. Work in close coordination with the Youth Services Section to reach out to youths "at risk." 24. Serve as an information resource and advise command personnel, parents and community groups on youth matters. 25. Assist in processing runaways, abused children and those youths requiring shelter, when necessary. 26. Inspect all copies of REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT prepared or received in command and follow related P.G. 215-03, "Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children." P.G. 202-31 Arrest Processing Officer Date Effective: 08-01-13 ARREST PROCESSING OFFICER 1. Perform duty in uniform. 2. Distribute arrest related forms and paperwork to arresting/assigned officer as appropriate (On Line Booking Worksheets, Desk Appearance Ticket's, juvenile summons, etc.). 3. Access and operate computer systems to check for warrant information. 4. Access and operate OLBS computer system (PF1/PF3), for arrest number generation, when necessary. 5. Operate "Livescan" fingerprinting machine in all cases that require a prisoner to be fingerprinted. 6. Ensure prisoner(s) are photographed, as appropriate. 7. Ensure command has adequate supply of all necessary arrest related forms, paperwork and equipment. 8. Ensure all of the command's arrest related computer systems are operational and properly maintained. a. Contact appropriate sources to advise that system(s) have failed and for instruction and/or repair. 9. Assist desk officer in notifying uniformed member of the service when prompted by Assistant District Attorney of readiness for interview. 10. Make inquiries with the District Attorney's Office concerned on all unusual delays in complaint interviews/preparation. 11. Review all completed arrest packets for accuracy and completeness. a. Ensure prompt delivery, as appropriate. NOTE: Arrest processing officers will assist on all arrests that are processed within their command regardless of the arresting/assigned officer's command, bureau or agency. In addition to the above duties and responsibilities, a command's arrest processing officer will be responsible for all additional arrest related functions dictated by the needs of individual commands/patrol boroughs and as requested by their respective commanding officers. A member of the service will be with the prisoner at all times. If the arrest processing officer is with the prisoner and the arresting officer is NOT Present, the arrest processing officer will request appropriate relief before leaving the prisoner to attend to other aspects of arrest processing. P.G. 202-32 Community Affairs Officer Date Effective: 08-01-13 COMMUNITY AFFAIRS OFFICER 1. Attend community council meetings and assist in stimulating and coordinating council activities. 2. Forward monthly report of council meetings, programs and operations to Chief, Community Affairs through borough community affairs coordinator and Commanding Officer, Community Affairs/Crime Prevention Section. 3. Establish personal contact with civic and community groups within the command and attend meetings as directed. 4. Perform duties in relation to community council in addition to crime and delinquency prevention, as directed. a. Maintain liaison with community/youth council leadership. 5. Act as liaison between the Community Council Executive Board and the commanding officer. 6. Inform commanding officer and borough community affairs coordinator of all new and/or revised activities of unusual events and demonstrations. 7. Maintain a close liaison with the management of facilities within commands where large events are held. 8. Maintain an open constructive avenue of communication with other members of the service to allow for exchange of ideas and information regarding the community. 9. Maintain daily contact with the community policing supervisor to combine efforts for attention to areas of sensitive complaints and the needs of the residents. 10. Visit schools, houses of worship, hospitals and similar public institutions frequently. a. Confer with principals, rabbis, ministers, priests, administrators, etc., on delinquency and other youth related problems. 11. Investigate incidents and conditions that may lead to intra/inter group community unrest. a. Respond to disorders, demonstrations, racial conflicts or other unusual conditions resulting in large groups on the street, as directed by the commanding officer or other ranking officer in charge. 12. Assist commanding officer in: a. Keeping members of command informed of community affairs problems. b. Developing and implementing community affairs programs. 13. Assist training sergeant in developing related police/community affairs in-service training, including the use of guest speakers. 14. Maintain liaison with command personnel assigned to administer the Youth Service and Crime Prevention Programs to ensure mutual cooperation and support. 15. Perform other community affairs duties as directed by commanding officer or other competent authority. 16. Wear appropriate business attire when not performing duty in uniform. 17. Administer the Safe Return Program. 18. Contact every nursing home and similar facility in the command to ensure that these facilities know about and are taking advantage of the Safe Return Program and to describe this program at community meetings, council meetings and every other appropriate forum they address. 19. Review the Command Post Log for the names of special category persons who have been reported missing in the past and contact the families of, and/or the persons responsible for, persons with impaired memories and ascertain if they have registered with the Safe Return Program. a. Provide information about the program if they have not registered and encourage them to register. P.G. 202-33 Warrant Officer Date Effective: 06-26-14 I.O. 16 Dated 6-26-14 Revoked P.G. 202-33 P.G. 202-34 Command Auxiliary Police Coordinator Date Effective: 08-01-13 COMMAND AUXILIARY POLICE COORDINATOR 1. Perform tours of duty that coincide with the tours of auxiliary police personnel, when possible. NOTE: Commanding officers concerned will make a concerted effort to ensure that the assignment of the command auxiliary police coordinator is a full time assignment. 2. Assist commanding officer and special operations lieutenant in the command's problem solving objectives by coordinating and maintaining a liaison with the crime prevention officer, community affairs officer, youth officer, planning officer and community policing coordinator. 3. Coordinate all auxiliary police activities within command. 4. Recruit new members into the Auxiliary Police Program continually by developing strategies with the Commanding Officer, Auxiliary Police Section and recruitment staff. 5. Conduct mandatory "basic training" classes for new recruits twice a year with at least ten recruits. a. Schedule training for auxiliary personnel by contacting the Training Unit, Auxiliary Police Section. 6. Identify and recommend to the special operations lieutenant suitable volunteer auxiliary police for the "Purchase of Alcohol to Minors" operation. 7. Obtain shields and identification cards of members leaving the Auxiliary Police Program and process accordingly. 8. Submit requests for recognition awards and promotion. a. Forward requests to Auxiliary Police Section through borough auxiliary police coordinator concerned. 9. Ensure that hours performed by auxiliary police members are accurately recorded. a. Include monthly activity figures on required Auxiliary Police Section form and forward to the borough auxiliary police coordinator and Auxiliary Police Section. 10. Interview, enroll and investigate new applicants to the program. a. Prepare initial/final packages b. Conduct confidential investigations, if necessary c. Report to Auxiliary Police Section three weeks after start of "basic training" course with initial package and immediately upon completion of the course with final package. 11. Examine and verify all information submitted including proof of residence, employment, citizenship, etc. a. Must verify by written documentation that on-file applicant is a permanent resident or possesses a valid visa issued by Immigration and Naturalization Service. 12. Inspect auxiliary police officers at roll call, make assignments, and provide instruction on current orders, directives, bulletins, etc., issued by Commanding Officer, Auxiliary Police Section. 13. Confer with the commanding officer, special operations lieutenant and planning officer to develop plans for optimum use of auxiliary police members in the event of an emergency. a. Ensure that auxiliary police mobilization plans are developed and tested by the command and all auxiliary police personnel are instructed on the provisions of the plans. 14. Safeguard and maintain all equipment and supplies assigned for auxiliary police use. 15. Inspect all portable radios and the reserve supply of bullet resistant vests assigned to command for auxiliary police use, when performing duty. a. Document inspection by listing serial numbers of portable radios and the reserve supply of bullet resistant vests assigned to the command for auxiliary police use in the Auxiliary Police Unit Command Loaner Vest/Radio Log and indicate if all property is present and accounted for. NOTE: If a portable radio is lost or stolen immediately comply with P.G. 219-15, "Portable Radio Transceivers." If any other Department property is lost or stolen immediately comply with P.G. 219-20, "Loss or Theft of Department Property." The inspection and documentation of portable radios and the reserve supply of bullet resistant vests assigned to a command for auxiliary police use will be completed daily. In the absence of the command auxiliary police coordinator, the special operations lieutenant/platoon commander will designate an appropriate uniformed member of the service to complete the above step. 16. Develop innovative programs within Department guidelines to generate interest and enthusiasm in the program. 17. Wear appropriate business attire when not performing duty in uniform. 18. Creates and maintain a "Command Auxiliary Reference Library" containing relevant materials to the Auxiliary Police Program (i.e., Patrol Guide, Auxiliary Guide, Training Manual, Department Bulletins, Directives, Personnel Orders, etc.). NOTE: Commanding officer selects qualified uniformed member of the service for assignment as command police auxiliary coordinator but is not assigned as such until approved by the Commanding Officer, Auxiliary Police Section. Additionally, the commanding officer selects an alternate to perform the above duties when the command auxiliary police coordinator is not working. All borough and command auxiliary police coordinators are responsible for program management and will ensure adherence to the provisions of the Auxiliary Guide and all related directives, bulletins, orders, etc., published by the Commanding Officer, Auxiliary Police Section. ADDITIONAL DATA Each Command auxiliary police coordinator will maintain an Auxiliary Police Unit Command Loaner Vest/Radio Log to ensure the integrity and safekeeping of all portable radios and the reserve supply of bullet resistant vests assigned to the command for auxiliary police use. The Auxiliary Police Unit Command Loaner Vest/Radio Log will contain captions across to top of each page, as follows: TIME/ DATE SERIAL # OF VESTS RADIOS VEST/RADIO LOCATION INSPECTING MOS SIGNATURE P.G. 202-35 Command LAN Manager I.O. 10 P.G. 202-35 Obsolete 5/12/14 P.G. 202-36 Evidence/Property Control Specialist Date Effective: 08-01-13 EVIDENCE/PROPERTY CONTROL SPECIALIST 1. Receives, invoices, releases, packages, and labels property and evidence, including, but not limited to, narcotics, U.S. and other currencies, securities, jewelry, etc. 2. Performs intake functions, checks and examines property to ensure that it is in conformance with related documentation; searches for possible contraband, unaccountable items, or VIN numbers and other proof of identification. a. Assigns storage number location. 3. Stores and safeguards invoiced property, properly identified for easy retrieval. 4. Prepares property and pertinent documents necessary for transport; operates Department vehicles to transport all invoiced property to various Department locations, District Attorneys' Offices, etc. 5. Moves, loads, unloads all types of property from one location to another or to other building sites. 6. Transports, delivers, deposits money for safekeeping to the appropriate bank facility; returns and logs bank receipts and invoices at appropriate command location. 7. Receives, reviews and maintains invoices, records, logs and indexes pertaining to all property received. 8. Secures and maintains storage area. a. Notify the desk officer of the number of PROPERTY CLERK INVOICES stored within the command in excess of thirty days. 9. Uses computer to search for, enter or update information. 10. Processes release of invoiced property. a. Determines identity of persons requesting release of property; verifies identification and proof of ownership; may fingerprint claimant, if necessary. 11. Verifies the identity and authorization of personnel entering or leaving Department premises where property is stored. 12. Cancels alarms; monitors alarm systems, security cameras and other security systems at assigned premises. 13. Makes appropriate notifications, writes and dispatches communications and transmittal forms; orders necessary supplies. 14. Responds to inquiries from the Public Administrator's Office, District Attorneys' Offices and other jurisdictions pertaining to the disposition of property of deceased individuals, criminal evidence and related matters. [I.O. 29 s 13] 15. Performs all miscellaneous activities in connection with Rotation Tow operations in the absence of evidence and property related functions. a. Photocopy and forward PROPERTY CLERK INVOICE prepared for recovered stolen vehicles to Patrol Borough Pattern Identification Module by next business day. 16. Performs periodic inspection of, or schedules overall maintenance of vehicles assigned to property functions. 17. Performs other clerical and/or administrative duties, as required. P.G. 202-37 Command Clerk Date Effective: 08-01-13 COMMAND CLERK 1. Assigned to post adjacent to desk officer. 2. Perform clerical tasks as assigned by desk officer. 3. Distribute Department mail. 4. Bring to the attention of desk officer matters of importance or other conditions requiring attention. 5. Input information in the On Line Complaint System (OLCS) and the On Line Aided and Accident Indexes as directed by the desk officer. P.G. 202-38 Telephone Switchboard Operator Date Effective: 08-01-13 TELEPHONE SWITCHBOARD OPERATOR 1. Answer telephone promptly, stating in courteous manner, command, rank or title, surname, and "May I help you?" 2. Process requests for service. 3. Notify desk officer of all important messages. 4. Maintain TELEPHONE DISPATCH LOG (PD112-143). 5. Maintain duplicate copy of ROLL CALL (PD406-144). 6. Maintain HIGHWAY CONDITION RECORD (PD311-151) and make related notifications. 7. Maintain OUTGOING TOLL CALLS (PD112-142). 8. Notify desk officer when a member required to signal fails to comply within a reasonable time. 9. Maintain copy of "Frequent Telephone Inquiries." P.G. 202-39 Patrolwagon Operator Date Effective: 08-01-13 PATROLWAGON OPERATOR 1. Report to supervisor concerned at beginning of tour and when relieved at end of tour. a. Obtain assignment and meal period from supervisor concerned at the beginning of tour. 2. Keep the patrolwagon and equipment in clean, serviceable condition. 3. Operate the patrolwagon in a safe manner and obey all traffic laws. 4. Maintain the Patrolwagon Record in a plain Number 2 book. a. Enter name, time reporting for duty, time leaving and returning from meal and time relieved. 5. Make entry of time leaving command on assignment, all stops made and time of return. 6. Notify supervisor concerned when leaving and returning from calls and meals. 7. Report necessary repairs to the commanding officer. 8. Check rear and compartment doors for serviceability and security before and after loading prisoners. 9. Remain available for service and in location known to supervisor concerned when not on assignment and render police assistance as required. 10. Call the borough court section concerned from all stops on the way to court or other destination, upon arrival at and prior to departure from court or other destination. a. Notify borough court section concerned if prisoners are not ready to be transported within twenty minutes after arrival at location where prisoners are to be picked up. 11. Search interior of patrolwagon for weapons or other contraband after delivering prisoners to court or other destination, and immediately notify ranking officer at the facility if contraband is discovered. 12. Return transport chains used for restraining prisoners to location from where obtained. 13. Perform duty in proper uniform. 14. Pick up Department supplies and equipment after receiving clearance from borough court section concerned. P.G. 202-40 Police Attendant Date Effective: 08-01-13 POLICE ATTENDANT 1. Assume control of, search (if applicable) and inspect prisoners. a. Ensure that property that is dangerous to life, may facilitate escape or may damage or deface other property is removed from prisoner. 2. Examine doors of all occupied cells to ensure that they are locked. 3. Enter inspection of prisoners on PRISONER ROSTER (PD244-145), and notify desk officer of inspection results immediately after reporting for duty. 4. Remain inside cell block at all times while prisoners are confined therein, and be alert to conditions and needs of such prisoners. a. Relief personnel will remain within the cellblock during relief periods and ascertain that cell doors of all occupied cells are locked. 5. Enter results of inspection of prisoners on PRISONER ROSTER every thirty minutes. 6. Report to desk officer any physical condition or unusual need of prisoner in custody or in the detention area. 7. Attend to the personal needs of prisoner, such as providing meals and other essentials. 8. Keep quarters and detention cells clean and supplied with paper cups, toilet paper and paper towels. 9. Visit female detention cells or female quarters as follows: a. When accompanied by female officer if attendant is male, and then, only with permission of supervisory officer in command, or b. In daily cleaning of female cells, or c. In an emergency. 10. Keep command facility and abutting areaways, yards, and sidewalks clean and sanitary. 11. Prevent rubbish or dust from accumulating in any part of the command. 12. Report necessary command/detention area repairs to the commanding officer. 13. Wash cells thoroughly, and test emergency alarms in the cellblock each day immediately after prisoners have been taken to court. 14. Operate heating plant. 15. Remove and safeguard firearms prior to entering detention cell area including facilities established during emergency arrest situations. (Supervisory officers are responsible that weapons of members assigned to temporary detention facilities are safeguarded.) 16. Keep green lights at building entrance lighted from sunset to sunrise. 17. Perform other duties as directed by desk officer. 18. Perform clerical duties or other tasks relating to command operations if no prisoners are confined in cells. P.G. 202-41 Field Intelligence Officer Date Effective: 10-16-13 FIELD INTELLIGENCE OFFICER 1. Perform only intelligence related duties as a field intelligence officer in assigned command. a. Sign Command Log at beginning and end of tour. b. Perform tour of duty, as directed by Commanding Officer, Criminal Intelligence Section. 2. Perform duty in business attire, unless authorized by Commanding Officer, Criminal Intelligence Section. 3. Enter intelligence from any source into Department Intelligence Database or COMPLAINT FOLLOW-UP (PD313-081) database, as appropriate. 4. Act as a key component of the Intelligence Bureau by gathering and sharing intelligence information with all Department units (e.g., Organized Crime Control Bureau, Detective Bureau, Patrol Services Bureau, etc.). 5. Develop information in support of borough level intelligence strategy. NOTE: Intelligence information obtained from various sources provides input for the preparation of strategic targeting packages. 6. Exchange information with other field intelligence officers, Intelligence Bureau units, Detective Bureau commands, Organized Crime Control Bureau commands, and other specialized units as appropriate regarding parolees, parole absconders, subjects of INVESTIGATION CARD (PD373-163), wanted persons and other matters germane to each command. a. Provide data, updates and pictures on these individuals, when obtained. 7. Prepare weekly Intelligence Bureau Activity Report and submit it to Commanding Officer, Criminal Intelligence Section. 8. Promote intelligence gathering by addressing roll calls and participating in detective and patrol training sessions. a. Stress the importance for members of the service to aggressively pursue and report any information that may be of intelligence value. 9. Confer regularly with patrol officers, detectives, supervisors and unit specialty officers to obtain intelligence (i.e., School Safety, Youth, Community Affairs, SNEU). NOTE: In particular, meetings with the School Safety Division on a regular basis can be an invaluable source of intelligence information about specific crimes and crime patterns in a precinct command and in the borough. 10. Review documents and reports for intelligence content; records include but are not limited to: a. COMPLAINT REPORT (PD313-152), including those recorded by OCCB. b. JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) c. COMPLAINT FOLLOW-UP (PD313-081) d. ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) e. UNUSUAL OCCURRENCE REPORT (PD370-152) f. DETECTIVE BUREAU UNUSUAL OCCURENCE REPORT (PD370-151) g. STOP, QUESTION AND FRISK REPORT WORKSHEET(PD344-151A) h. SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD313-147) i. NYS Domestic Incident Report (DCJS 3221) j. Arrests and complaint statistics, patterns and trends. k. Intelligence Bureau reports and worksheets. 11. Confer regularly with command crime analysts. a. Communicate information from crime analysis center, when appropriate. 12. Attend local community meetings and other forums to obtain information of intelligence value. NOTE: Field intelligence officers in adjoining commands should confer with each other on a regular basis to share intelligence information. 13. Access command computer databases for developing and verifying intelligence. 14. Utilize Commanding Officer, Criminal Intelligence Section to access information from computer databases that are not available at command level. 15. Document intelligence forwarded to investigative and enforcement units. a. Record follow-up action (i.e., investigation initiated, arrest effected, search warrant executed, etc.) NOTE: The field intelligence officer will notify Commanding Officer, Criminal Intelligence Section prior to the execution of a search warrant, if possible, and will represent the Intelligence Bureau at the scene. Confidentiality will be maintained in order to ensure the safety of all members involved and the integrity of the investigation. 16. Utilize the secure e-mail system when practical for makings notifications and inquiries to other field intelligence officers and Intelligence Bureau. 17. Advise and make recommendations to commanding officer, detective squad commander and precinct narcotics module supervisor on intelligence matters. 18. Assist with registering confidential informants, and obtaining search warrants. 19. Participate in command supervisory and crime strategy meetings. 20. Conduct secondary debriefings of prisoners when circumstances indicate intelligence may be gained. a. Coordinate debriefings with Detective Bureau and OCCB personnel as appropriate. 21. Develop command-specific debriefing questions in regard to specific crimes, crime patterns or trends. 22. Provide command-specific questions to other Intelligence Bureau units, as appropriate, for their debriefings. 23. Maintain a record of debriefings conducted that includes details on positive debriefings. 24. Respond to major incidents in the field to provide assistance and gather timely information. a. Identify self to ranking patrol commander and investigator. b. Prepare COMPLAINT FOLLOW–UP and forward copy to Commanding Officer, Criminal Intelligence Section. 25. Be present during the debriefing of SNEU arrests and all other arrests, when possible, to assist in the development of information regarding drug trafficking and any other crimes. 26. Notify the Intelligence Bureau, Criminal Intelligence Section regarding all unusual incidents and significant occurrences. ADDITIONAL DATA The position of field intelligence officer may be assigned to a uniformed member of the service in the rank of sergeant, detective, or police officer. FORMS AND REPORTS INVESTIGATION CARD (PD373-163) - COMPLAINT REPORT (PD313-152) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) COMPLAINT FOLLOW-UP (PD313-152) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) UNUSUAL OCCURRENCE REPORT (PD370-152) DETECTIVE BUREAU UNUSUAL OCCURRENCE REPORT (PD370-151) STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD313-147) NYS Domestic Incident Report (DCJS 3221) General Regulations P.G. 203-01 Order Of Rank Date Effective: 08/01/13 ORDER OF RANK 1. The order of rank in the police service is: a. Chief of Department b. Bureau Chief c. Assistant Chief d. Deputy Chief e. Inspector f. Deputy Inspector g. Captain h. Lieutenant i. Sergeant j. Police Officer/Detective 2. Police Department Chaplains and Surgeons have the assimilated rank of Inspector. 3. Seniority in rank among members appointed or promoted at the same time is determined by position on appointment or promotion list. 4. At a police incident, the senior uniformed member, in R.M.P. assigned to incident or on foot patrol at the scene, will direct and coordinate police operations pending arrival of the supervisor. If R.M.P. assigned to incident is delayed and no uniformed member is assigned to foot patrol at the scene, the senior uniformed member first on the scene will take charge, pending the arrival of supervisor or assigned R.M.P. P.G. 203-02 Courtesies Date Effective: 08/01/13 UNIFORMED MEMBER OF THE SERVICE 1. Tender and return hand salute as prescribed by U.S. Army regulations. 2. Salute: a. Police Commissioner or deputy commissioners in civilian clothes b. Supervisory officer in uniform c. United States flag as it passes d. Desk when entering command. 3. Salute flag when national anthem is played. band, etc., and salute. If flag not visible, face 4. Supervisory officers return salutes promptly. 5. Salute is not required at large assemblages except when addressed by or addressing supervisory officer. Salute not required if it interferes with police duty. 6. Remove hat and stand at attention in office of Police Commissioner, deputy commissioner or member above rank of lieutenant. 7. Order "Attention" when member above rank of captain enters room unless otherwise directed. 8. Place U.S. flag at half-staff as indicated below, when a uniformed member of the service dies: a. Lieutenant, sergeant, police officer - on Department building where assigned on day of funeral b. Captain - on Department building where assigned from time of death to sunset, day of funeral c. Deputy inspectors or inspectors - on Department buildings within his/her command from time of death to sunset, day of funeral; flag at Police Headquarters will fly at half-mast on day of funeral. d. Member killed in line of duty - on Department building where member assigned from time of death to ten days after the funeral; flags will fly at half-mast on all Department buildings from time of death until day after the funeral. e. Other members, Police Commissioner or a deputy commissioner - as directed by the Police Commissioner or Chief of Department. P.G. 203-03 Compliance With Orders Revision: 11-02 Date Effective: 08/01/13 COMPLIANCE WITH ORDERS 1. Be familiar with contents of Patrol Guide and revise as directed. 2. Obey lawful orders and instructions of supervising officers. 3. Be punctual when reporting for duty. 4. Be governed by orders affecting another rank when temporarily assigned to perform the duties of that rank, except as otherwise indicated. 5. Maintain a current New York State driver's license and notify commanding officer, with pertinent details, when license is suspended, revoked or not renewed. NOTE: All uniformed members of this Department are required to have a valid driver's license as a condition of employment. Civilian members who are authorized to operate Department vehicles also must have a valid driver's license. The Department of Motor Vehicles will send a weekly printout of the names of Department members with a suspended, revoked, or expired driver's license directly to the Internal Affairs Bureau. The Internal Affairs Bureau will assign a log number and assess the allegations in accordance with Internal Affairs Bureau procedures. If appropriate, a copy will be faxed directly to a concerned member's commanding officer. Upon notification by the Internal Affairs Bureau, the commanding officer of any member of the Department, uniformed or civilian, who is deemed to have a suspended, revoked, or expired New York State driver's license, will not permit that member to operate any Department vehicle until the member proves that such revocation, suspension, or expiration is erroneous or has been resolved. The commanding officer will submit a report to Internal Affairs Bureau's Records Section indicating the results of the investigation of this matter and the current status of the member's driver's license. Commanding officers will ensure that, in addition to a visual inspection of uniformed members drivers licenses, at each semi-annual uniform inspection as described in A.G. 305-06, "Inspection of Uniforms:" a. A Department of Motor Vehicles inquiry is made utilizing the FINEST System for each uniformed member of the service, and b. A warrant check, using the WINQ and WNAM formats, is also conducted for each uniformed member of the service. Commanding officers will ensure that during January and July of each year, civilian members of the service authorized to operate Department vehicles present valid New York State driver licenses. In addition, commanding officers concerned will ensure that an inquiry and warrant check, as performed for uniformed members of the service, is conducted for all civilian members assigned to the command. 6. Keep Department locker neat, clean and secured with combination lock (without identifying serial number) that conforms to Equipment Section specifications. 7. Affix to front of assigned locker, Department stickers PROPER TACTICS SAVE LIVES (PD642-110) and POLICE DON'T MOVE (PD672-133) with rank, name, shield and squad number captions filled in. 8. Affix to the inside portion of the door, of assigned locker, in a conspicuous manner, GUN SAFETY (PD420-110), COPE (PD142-121) and SEATBELT (PD642-130) stickers. 9. Request new Department locker stickers from operations coordinator, as needed. 10. Apply for interview with Police Commissioner in writing (include squad or chart numbers), ONLY when action or relief cannot be obtained by other means. 11. Cooperate with supervisor, regardless of rank, who has been dispatched by competent authority (e.g., Commanding Officer, Medical Division, Internal Affairs Group, precinct commanding officer or duty captain, etc.) to visit member on sick report, and directs such member to comply with lawful order/instruction (e.g., appear in court, Trial Room, in front of an investigatory unit, etc.). P.G. 203-04 Fitness For Duty Date Effective: 08/01/13 1. Be fit for duty at all times, except when on sick report. 2. Do not consume intoxicants to the extent that member becomes unfit for duty. ADDITIONAL DATA All members of the service are required to remain fit for duty as specified above, and are reminded of their absolute responsibility to remain fit for duty while in possession of their firearms. Any misconduct involving a Member's misuse of a firearm while unfit for duty due to excessive consumption of, and intoxication from, alcohol will result in that member's termination from the Department. Exceptional cases will be determined by the Police Commissioner, on a case by case basis. Furthermore, any misconduct involving members who are found to be unfit for duty due to excessive consumption and intoxication from alcohol, while armed with a firearm, will result in the inclusion of the charge of "Unfit For Duty While Armed," in Departmental disciplinary proceedings. In addition to those penalties imposed as a result of all other charges stemming from the misconduct, strict punitive sanctions will be imposed for any member upon whom the charge has been substantiated. Additionally, a uniformed member of the service who refuses to submit to chemical testing in connection with an alleged violation of section 1192 of the New York State Vehicle and Traffic Law (Driving While Intoxicated) will be charged with violating Patrol Guide procedure 203-10, page 1, step 5 "Engaging in conduct prejudicial to the good order, efficiency, or discipline of the Department." Members of the service are also reminded of the Department's commitment to the many counseling and assistance programs available for a wide variety of problems. Members who are experiencing problems related to alcohol, or know of any other member who may be experiencing problems related to alcohol, are strongly encouraged to call HELPLINE, in order to achieve confidential assistance. DEPARTMENT POLICY STATEMENT CONCERNING THE OPERATION OF A MOTOR VEHICLE UNDER THE INFLUENCE OF ALCOHOL i. Patrol Guide procedure 203-04,"Fitness For Duty" mandates the following: a. Be fit for duty at all times, except when on sick report. b. Do not consume intoxicants to the extent that member becomes unfit for duty. Consistent with the above, any uniformed member of the service who causes serious physical injury to another person while operating a motor vehicle and is determined to be unfit for duty due to the consumption of alcohol will be terminated from the New York City Police Department, absent exigent circumstances. ii. Any negotiated penalty in a Department disciplinary proceeding, involving a uniformed member of the service who is determined to have been operating a motor vehicle while unfit for duty due to the consumption of and/or intoxication from alcohol shall include a period of Dismissal Probation. Additionally, uniformed members of the service involved in incidents either on or off duty where alcohol is deemed a contributing factor, and where pursuant to a negotiated penalty in a Department disciplinary proceeding are required to submit to ordered breath testing, the negotiated penalty may also include a period of Dismissal Probation. Further, any such negotiation shall include the subject officer's agreement to submit to ordered breath testing for the presence of alcohol while on duty or off duty, during the period of probation, or other agreed upon time period. Should member be found unfit for duty or refuse to submit to breath testing, this will result in additional disciplinary action against the subject officer which may include termination. iii. Members of the service whose alcohol consumption has caused problems for them or others are urged to self-report before they are responsible for a serious incident and the above disciplinary action becomes necessary. They can do so in complete confidence by calling the Counseling Service Unit. Additionally, members who are experiencing problems related to alcohol, are strongly encouraged to call HELPLINE or the Police Organization Providing Peer Assistance, (POPPA). POPPA is a joint labor-management cooperative effort involving the implementation of a union-operated, alternative employee assistance program. Both HELPLINE and POPPA offer confidential services. iv. Members of the service with alcohol-related problems may also be referred to the Counseling Services Unit by supervisors, other Department units, or as the result of an alcohol related incident. However, the Department's objective, at all levels, is early detection and referral of personnel for evaluation and treatment before drinking causes problems in work performance or worse. v. The Counseling Services Unit maintains strict standards of confidentiality as set forth in Title 42 of Federal guidelines governing alcoholism programs, and it does not act as part of the Department's disciplinary system. CSU's mission is to assist in recovery and return to full and productive service those members of the Department who are experiencing problems with alcohol. The unit operates 24 hours a day, seven days a week, and will help assess the extent of the problem, and make the appropriate referrals for treatment. Treatment can range from detoxification and inpatient rehabilitation to outpatient rehabilitation and the participation in self-support groups. Counseling is available to members of the service, their families and retirees. vi. The Police Department's policy is to encourage members of the service to seek help in a supportive, confidential environment before the consequences of alcohol abuse require the Department to take disciplinary action. In addition, to assist those members of the service experiencing alcohol related problems, all New York City Police Department personnel are encouraged to refer those with problems to any of the counseling/assistance providers indicated in number "iii" of this procedure. vii. Members participating in these programs will not jeopardize their promotional opportunities. In addition, their current assignments will not ordinarily be changed because of their participation in these programs unless, due to the nature of the assignment, a change is deemed to be in the best interests of all parties concerned. However, participation in these programs will not exempt a member of the service from disciplinary action for specific acts of misconduct and the consequences of such disciplinary actions. P.G. 203-05 Performance On Duty - General Date Effective: 09-11-13 PERFORMANCE ON DUTY 1. Perform all duties as directed by competent authority. 2. Remain on post until properly relieved, except for police necessity, personal necessity or meal period. a. Notify telephone switchboard operator and, if possible, make entry in ACTIVITY LOG (PD112-145) before leaving post. b. Make entry upon return to post and notify telephone switchboard operator. 3. Take meal period in police facility, a bona fide restaurant or Department vehicle. 4. Make accurate, concise entries in Department records in chronological order, without delay, using BLACK ink. 5. Sign Department reports or forms with full first name, middle initial and surname. a. Print and write legibly. b. Utilize shield and tax registry numbers as required. NOTE: Civilian members of the service (e.g. school safety agent supervisors) as well as uniformed members of the service (e.g. rank of lieutenant and above) who do not possess a shield number are required to utilize their tax registry number instead as an additional means of identification on Department forms. The use of the tax registry number by these members is mandated even when there is no specific caption calling for it. For example, supervisors in the rank of lieutenant and above will enter their tax registry number in the "Shield No." caption at the bottom of the PROPERTY CLERK INVOICE (PD521-141) after witnessing and verifying the packaging of evidence/property/currency. Entry of the tax registry number will also apply to any other Department form currently in use. 6. Make corrections on Department records by drawing an ink line through incorrect matter. Enter correction immediately above and initial change. 7. Use numerals when entering dates on Department forms, e.g., 1/5/79. 8. Use abbreviation "Do" for ditto. 9. Start serial numbers with one at beginning of each year for official forms or reports, unless otherwise specified. 10. In the absence of supervisory presence or direction, a member may wear dual purpose disorder control/scooter helmet at own discretion if it is believed that safety is endangered or conditions warrant. In all supervised situations, the ranking member on the scene will determine in the first instance if helmets are to be worn or removed except in emergencies, such as those situations where the member reasonably believes that there is a substantial and specific imminent threat to the safety of the member. Members of the service shall have the discretion to carry their helmets on their duty belts, or to secure the helmet within sight and sound of the scene (e.g. in a vehicle, premises, or with another member of the service), to be deployed as circumstances warrant. The following guidelines regarding the wearing/carrying of helmets will apply: a. Any member operating a motor scooter must wear a helmet (face shield is also required when operating two-wheel scooter) b. A member must wear or carry helmet when specifically directed to do so c. Members performing Radio Motor Patrol in uniform will keep in helmets in the vehicle trunk for use if needed d. All other members shall keep their helmets in their lockers where they will be readily accessible. 11. Answer telephone promptly, stating in a courteous manner, command, rank or title, surname, and "May I help you?" 12. Be responsible for humane treatment and safekeeping of prisoners in custody or detained in Department facility over which member has supervision. 13. Maintain Department property issued or assigned for use in serviceable condition. 14. Deliver recovered property, property removed from a prisoner, or property removed from an emotionally disturbed, intoxicated or incapacitated person, to the desk officer of the precinct where obtained unless otherwise directed. 15. Announce presence before entering a locker room, dormitory, lavatory, utilized by members of the opposite sex, except in an emergency. In addition, be accompanied by member of said opposite sex, if practicable. NOTE: In complying with the regulation above, desk officers concerned will make an entry in Command Log indicating time/date of member(s) of the service utilizing dormitory and reason, and will inform inspecting officers if dormitory is being used prior to conducting inspection. Additionally, inspecting officers will peruse the Interrupted Patrol Log, etc., to ascertain who is authorized in facility prior to conducting inspection. 16. Operate Department vehicles only when assigned and only when Department qualified to operate such vehicle. 17. Use Department radio for field communications except under limited circumstances. a. Department and personal cellular phones may be used for field communications when content of the communication is not appropriate for radio transmission due to length or subject matter (e.g., detailed information about incident, personal information, names of persons, notifications, etc.) P.G. 203-06 Performance On Duty - Prohibited Conduct Date Effective: 08/01/13 PERFORMANCE ON DUTY - PROHIBITED CONDUCT 1. Consuming any amount of intoxicants while on duty whether in uniform or civilian clothes. a. Member assigned to duty in civilian clothes may be granted permission by the bureau chief/counterpart concerned based upon the nature of the member's assignment. 2. Consuming intoxicants while in uniform whether on or off duty. 3. Bringing or permitting an intoxicant to be brought into a Department building, facility, booth, boat, or vehicle, except in performance of police duty. 4. Entering premises serving intoxicants, except for meal or performance of duty. 5. Carrying a package, umbrella, cane, etc., while in uniform, except in performance of duty. 6. Recommending use of particular business, professional or commercial service to anyone except when transacting personal affairs. 7. Steering business, professional or commercial persons to a prospective client requiring such services except when transacting personal affairs. 8. Consenting to payment by anyone to regain lost or stolen property or advising such payment, except towing fees as provided by law for recovered stolen vehicles. 9. Riding in any vehicle, other than a Department vehicle to which assigned, while in uniform, except when authorized or in an emergency (sergeants and police officers only). 10. Using Department logo unless authorized by Police Commissioner. [I.O. 4 s 12] 11. Wearing any item of apparel which contains a Department logo or shield, or in any way identifies its wearer with the New York City Police Department, unless approved by the Uniform and Equipment Review Committee, prior to being worn by a member of the service, uniformed or civilian, on or off duty. a. This prohibition extends to the use of the Department logo or shield in artistic or mural form, in caricature or cartoon-like representation, or on such items that include, but are not limited to: (1) Pins (2) Jewelry (3) Hats (4) Mugs (5) Clothing items (6) Patches (7) Writing implements (8) Challenge coins (9) Department property (walls, muster room, entryway, watercraft, etc.) (10) Any other adornment or curio. 12. Engaging in card games or other games of chance in a Department facility. 13. Engaging in illegal gambling anywhere except in performance of duty. 14. Having any person make a request or recommendation that affects the duties of any member of the service, except as provided by Department procedures. 15. Engaging in conduct defined as discriminatory in P.G. 205-36, "Employment Discrimination," "SCOPE" statement. 16. Using Department letterhead, personnel, equipment, resources, or supplies for any non-Department purpose or non-city purpose. [I.O. 7 s 10] 17. Using any electronic/digital device (e.g., personal gaming device, MP3 player, personal digital assistant, Bluetooth headset, etc.) while on duty. NOTE: A cellular phone is authorized to be used by members of the service when conducting official Department related business, or on an assigned meal, or as otherwise authorized by competent authority. The cellular phone must be carried in a concealed manner that does not interfere with authorized equipment. 18. Manipulating manually or electronically, transmitting in any form, or distributing any official Department recorded media or recorded media coming into possession of the Department as evidence or for investigative purposes except as authorized for official Department business. Recorded media includes videotapes, photographic images or pictures, audio recordings, electronic or internet files or any like forms to be available in the future. 19. Wearing, carrying, or using an unauthorized portable radio while on duty 20. Making an unauthorized radio transmission. P.G. 203-07 Performance On Duty - Personal Appearance Date Effective: 04/02/14 PERFORMANCE ON DUTY - PERSONAL APPEARANCE 1. Be neat and clean. 2. Keep uniforms clean, well pressed, and in good repair. Shoes must be shined and will not display a clearly visible company name or logo. 3. Keep uniform securely buttoned. a. When the short-sleeved shirt is worn, the collar button may be left unbuttoned but all other buttons shall be fastened. 4. Wear cap squarely on head, with center of visor directly over nose. a. No hair is to show beneath the visor of the cap. b. Cap must be worn when members are assigned to foot patrol, traffic posts, or details. c. Members riding in Department vehicles may remove the cap while in the vehicle. d. Police officers and detectives assigned to subway patrol duties in uniform have the option of wearing the cap during the period of June 1 to October 1. NOTE: At all other times, the uniform cap must be worn except where there are exigent circumstances. When the exigent circumstances have stabilized, the cap must be worn. 5. Prevent non-uniform articles from showing above uniform collar. a. When the short-sleeve shirt is worn, undershirts, neck chains, or other non-uniform articles shall not be visible within the open collar or below the sleeve ends of the shirt. b. Shirt sleeves may not be rolled up. NOTE: Members of the service who are hired on or after January 1, 2007, must cover any visible tattoos by either regulation uniform, proper business attire, or a neutral colored skin covering such a sports wrap or bandage. Such covering must resemble the skin tone of the member and must cover the entire tattoo. This includes but is not limited to any tattoo visible above the shirt collar, below the sleeve ends of any shirt, or on a visible area of the leg, ankle or foot. A limited exception may be granted by the member's commanding officer in writing due to the nature of the member's assignment. Such approval must be filed in the member's personnel folder. 6. Wear hair so that it is neatly groomed. a. All regulations regarding the appearance of members' hair apply equally to male and female uniformed members of the service. b. When a member is in uniform, regardless of whether or not the uniform cap is required, hair will not be worn so that it falls over the eyebrows or reach the collar. Ponytails are strictly prohibited while in uniform. c. When the uniform cap is required, long hair must be securely gathered and placed under the uniform cap without use of a ponytail. The hairstyle must allow for the cap to be placed squarely on the head without visible bulk. d. The length and bulk of the hair should not interfere with the wearing of any uniform headgear, including emergency equipment. e. Any designs shaved into a uniformed member’s hair/scalp are prohibited. 7. Necessary hair holding devices (such as but not limited to rubber bands, clips, barrettes, pins), when used, must be unadorned and plain, and be transparent or similar to the color of the hair. All such devices must be unobtrusive, and concealed as much as possible. Hair scarves, beads, bows, large and decorative fabric-covered elastic bands, large plastic clips, or other ornamental items are prohibited. 8. Keep sideburns closely trimmed and not extending below bottom of earlobe. 9. Have mustache neatly trimmed, not extending beyond, nor drooping below corners of mouth. 10. Do not grow beards or goatees except under the following circumstances: a. When required because of a medical condition, a beard may be grown with written approval of the Police Surgeon concerned and the Commanding Officer, Medical Division. (Copy of written approval will be in possession of member of the service whenever in uniform.) b. When approved, in writing, by member's commanding officer because of nature of member's assignment. (Copy of written approval will be in possession of member of the service whenever in uniform.) c. When required because of religious accommodation and with written approval of the Deputy Commissioner, Equal Employment Opportunity. (Copy of written approval will be in the possession of member of the service whenever in uniform.) d. When assigned to perform duty in uniform, members granted the aforementioned exceptions will conform, to the extent possible, to provisions of this procedure. NOTE: Approval to grow a beard for a medical condition or religious accommodation does not grant a member permission to grow goatees, designer beards, or "chin strap" beards, all of which is strictly prohibited. 11. Do not wear ornaments or jewelry visible on the head, neck, or wrist while performing duty in uniform. Prohibited ornaments include, but are not limited to earrings, necklaces, neck chains, bracelets, and body piercing. a. Medical alert bracelets may be worn visibly. b. Watchbands must be a conservative color, such as navy, black, brown, yellow metal, white metal, or similar colors. c. Rings may be worn if they are generally smooth, and not likely to catch on other objects. Rings with jagged edges, raised stones, etc., are not permitted. 12. Keep fingernails neatly trimmed and extending no more than 1/4 inch from the fingertip. a. Nail polish may be worn only if it is clear, or of a natural, conservative color. b. Any designs or decorations on nails are prohibited. 13. Only those cosmetics which are of conservative color and amount shall be permitted. 14. Eyewear will be of conservative style and color. No neon or brightly colored frames may be worn. Eyeglass straps may be worn, but must be black. 15. While in uniform in public view, do not chew gum, use tobacco in any form, or hold toothpicks in the mouth. 16. When authorized to perform duty in civilian clothing, wear attire appropriate for assignment. Additional Data PROPER UNIFORM AND APPEARANCE FOR UNIFORMED MEMBERS OF THE SERVICE REPORTING FOR PROMOTION Newly promoted members must set an example for subordinates and should demonstrate this at each promotion ceremony they attend. To ensure observance of uniform regulations at promotion ceremonies, the promotee's current commanding officer/designated supervisor will inspect promotee prior to the promotion ceremony. The results of this inspection will be recorded on a "Uniform Promotion Checklist" (see Appendix "A"). Promotees will submit the signed checklist to a member of the Personnel Bureau on the day of their scheduled promotion. PROMOTION CANDIDATES MUST APPEAR FOR PROMOTION WITH THE COMPLETED CHECKLIST. The attached Appendix "A" may be photocopied for member's use. Promotees will be inspected prior to the ceremony by Personnel Bureau representatives on the day of their scheduled promotion. ANY MEMBER NOT PROPERLY GROOMED OR ATTIRED ACCORDING TO DEPARTMENT REGULATIONS WILL NOT BE PROMOTED UNTIL THE MEMBER IS IN COMPLIANCE WITH THESE REGULATIONS. All members being promoted are required to have a uniform inspection performed as soon as they are notified of the promotion. The member's current commanding officer will immediately conduct a uniform inspection, using the "Uniform Inspection Checklist." The promotee will present the completed "Uniform Inspection Checklist" to the Commanding Officer, Leadership Training Section, when assigned to the leadership training course. Once the immediate uniform inspections are completed by the current Commanding Officer, the Commanding Officer, Leadership Training Section will assume responsibility for conducting a second uniform inspection a day or two prior to promotion. RELATED PROCEDURES General Uniforms Regulations (P.G. 204-01) Uniform Classifications (P.G. 204-02) Uniforms (P.G. 204-03) Appendix "A" Uniform Promotion Checklist - Inspection of Promotion Candidate by Commanding Officer The supervisor completing this checklist will be held accountable for uniform or appearance indiscretions noted on the day of promotion. Commanding officers or designated supervisors completing this checklist should review candidate's compliance with each uniform or appearance item. The commanding officer/designated supervisor should mark each item as Pass or Fail in the respective box, complete the captions below, and sign where indicated. The member concerned will be advised of deficiencies to be corrected prior to promotion. Uniform / Appearance Item Regulation black high-gloss, lace-type Oxford shoes. Summer blouse, properly fitted. - Neither excessively loose nor stretched taut. - Sleeves come to a point midway between wrist and thumb when arm is at side. Regulation eight-point cap in good condition - Wear cap squarely on head, with center of visor directly over the nose. - No hair is to show beneath the visor of the cap. Regulation long sleeve shirt, properly fitted. Command insignia or designated rank (collar brass) must be worn on the uniform shirt and summer blouse. Regulation tie (in good condition). Regulation dress trousers, properly fitted (no duty trousers); not stretched taut. White gloves. Hair to be properly cut, trimmed, worn off the collar and neatly groomed conforming to the shape of the head. Ponytails are strictly prohibited. No earrings (both males and females). No personal adornment or unauthorized modification of the uniform (i.e. fraternal pins, etc.). Members assigned to Highway and Mounted Units are permitted to wear boots and britches. Under no circumstance will a member of the service appear in uniform with a beard, long hair, or mustache extending below the corner of the mouth (except as authorized by the Chief P/F Surgeon or Deputy Commissioner, Equal Employment Opportunity). Documentation must be attached to this form, if applicable. ____________________ Name/Tax # of Member Inspected (Print) ________________________ Name/Tax # of inspecting C.O./Supervisor (Print) _________________________ Signature of inspecting C.O./Supervisor P.G. 203-08 Making False Statements Date Effective: 08/01/13 PROHIBITED CONDUCT 1.Intentionally making a false official statement. NOTE: The intentional making of a false statement is prohibited, and will be subject to disciplinary action, up to and including dismissal. Intentionally making a false official statement regarding a material matter will result in dismissal from the Department, absent exceptional circumstances.Exceptional circumstances will be determined by the Police Commissioner on a case by case basis. Examples of circumstances in which false statements may arise include, but are not limited to, lying under oath during a civil, administrative, or criminal proceedings or in a sworn document; lying during an official Department interview conducted pursuant to Patrol Guide 206-13, "Interrogation of Members of the Service" or an interview pursuant to Patrol Guide 211-14, "Investigations by Civilian Complaint Review Board;" and lying in an official Department document or report. The Department will not bring false official statement charges in situations where, as opposed to creating a false description of events, the member of the Department merely pleads not guilty in a criminal matter, or merely denies a civil claim or an administrative charge of misconduct. RELATED PROCEDURES Interrogation of Members of the Service (P.G. 206-13) Investigations by Civilian Complaint Review Board (P.G. 211-14) P.G. 203-09 Public Contact - General Date Effective: 08-01-13 PUBLIC CONTACT 1. Courteously and clearly state your rank, name, shield number and command, or otherwise provide them, to anyone who requests you to do so. Allow the person ample time to note this information. 2. Be courteous and respectful. 3. Avoid conflict with Department policy when lecturing, giving speeches or submitting articles for publication. Questions concerning fees received will be resolved by Chief of Personnel. P.G. 203-10 Public Contact - Prohibited Conduct Date Effective: 08/01/13 PUBLIC CONTACT - PROHIBITED CONDUCT 1. Using discourteous or disrespectful remarks regarding another person's ethnicity, race, religion, gender, gender identity/expression, sexual orientation, or disability. a. Members shall address the public using pronouns, titles of respect, and preferred name appropriate to the individual's gender identity/expression as expressed by the individual. The term "gender" shall include actual or perceived sex and shall also include a person's gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the legal sex assigned to that person at birth. 2. Knowingly associate with any person or organization: a. Advocating hatred, oppression, or prejudice based on race, religion, gender, gender identity/expression, sexual orientation, or disability. b. Disseminating defamatory material. c. Reasonably believed to be engaged in, likely to engage in, or to have engaged in criminal activities. d. Preventing or interfering with performance of police duty. 3. Divulging or discussing official Department business, except as authorized. 4. Manipulating manually or electronically, transmitting in any form, or distributing any official Department recorded media or recorded media coming into possession of the Department as evidence or for investigative purposes except as authorized for official Department business. Recorded media includes videotapes, photographic images or pictures, audio recordings, electronic or internet files, or any like forms to be available in the future. 5. Engaging in conduct prejudicial to good order, efficiency, or discipline of the Department. 6. Making recommendation for or concerning any person or premises to any government agency in connection with issuance, revocation, or suspension of any license or permit, except when required in performance of duty. 7. Soliciting, collecting, or receiving money for any political fund, club, association, society, or committee. 8. Joining any political club within the precinct to which assigned. 9. Being a candidate for election to, or serving as member of a School Board, if School District is located within City of New York (see Section 2103-a, Education Law). 10. While on duty or in uniform, endorsing political candidates or publicly expressing personal views and opinions concerning the merits of: a. Any political party or candidate for public office; b. Any public policy matter or legislation pending before any government body; or c. Any matter to be decided by a public election, except with the permission of the Police Commissioner. 11. Having an interest in or association with premises engaged in illegal gambling operations, smoke shops, after hours clubs, or similar illegal activities, except in performance of duty. 12. Patronizing unlicensed premises (social clubs, after hours clubs, etc.) where there is illegal sale of alcoholic beverages and/or use of drugs, except in performance of duty. 13. Violating Section 1129 of the New York City Charter. This section provides that any uniformed member who shall accept any additional place of public trust or civil emolument, OR who shall be nominated for any office elective by the people, and does not decline said nomination within ten days, shall be deemed thereby to have vacated his or her position/office in the Department. This vacatur of office shall not apply to the following: a. A member of a community board b. An appointment, nomination, or election to a board of education outside the City of New York c. A member, who with the written authorization of the Mayor, shall accept any additional place of public trust or civil emolument, while on leave of absence without pay from the Department. d. A member who, with the written approval of the Police Commissioner, shall accept any additional place or position outside the City of New York, limited to volunteer work as a member or volunteer in, of, or for a community board, not-for-profit corporation, volunteer fire department, or other similar community-oriented entity. 14. Smoking in public view while in uniform. 15. Occupying seat in a public conveyance, while in uniform, to exclusion of paying passenger. 16. Occupying seat on a train, while in uniform and assigned to train patrol duties. 17. Using personal card describing police business, address, telephone number, or title except as authorized by Department Manual. 18. Rendering any service for private interest, which interferes with proper performance of duty. 19. Possessing or displaying police shield, IDENTIFICATION CARD (PD416-091), or similar object except as authorized by the Police Commissioner. 20. Failing to provide notice to the Department of an obligation or intention to perform services in any federal military branch or state militia organization. 21. Serving on a community board's Public Safety Committee (which deals directly with Police Department and other law enforcement matters). 22. Voting on any matter that comes before the community board concerning Police Department activities in the district that the board serves. P.G. 203-11 Use Of Force Date Effective: 08/01/13 USE OF FORCE All uniformed members of the service are responsible and accountable for the proper use of force under appropriate circumstances. Members of the service are reminded that the application of force must be consistent with existing law and with New York City Police Department Values, by which we pledge to value human life and respect the dignity of each individual. Depending upon the circumstances, both federal and state laws provide for criminal sanctions and civil liability against uniformed members of the service, when force is deemed excessive, wrongful or improperly applied. The primary duty of all members of the service is to preserve human life. Only that amount of force necessary to overcome resistance will be used to effect an arrest or take a mentally ill or emotionally disturbed person into custody. Deadly physical force will be used ONLY as a last resort and consistent with Department policy and the law. At the scene of a police incident, many members of the service may be present and some members may not be directly involved in taking police actions. However, this does not relieve any member present of the obligation to ensure that the requirements of the law and Department regulations are complied with. Members of the service are required to maintain control or intervene if the use of force against a subject clearly becomes excessive. Failure to do so may result in both criminal and civil liability. EXCESSIVE FORCE WILL NOT BE TOLERATED. All members of the service at the scene of a police incident must: a. Immediately establish firearms control b. Use minimum necessary force c. Employ non-lethal alternatives, as appropriate. Members of the New York City Police Department will NOT use chokeholds. A chokehold shall include, but is not limited to, any pressure to the throat or windpipe, which may prevent or hinder breathing or reduce intake of air. Whenever it becomes necessary to take a violent or resisting subject into custody, responding officers should utilize appropriate tactics in a coordinated effort to overcome resistance (for example see P.G. 216-05, "Aided Cases-Mentally Ill or Emotionally Disturbed Persons"). The patrol supervisor, if present, should direct and control all activity. Whenever possible, members should make every effort to avoid tactics, such as sitting or standing on a subject's chest, which may result in chest compression, thereby reducing the subject's ability to breathe. Persons taken into custody (i.e., arrest, mentally ill, emotionally disturbed, etc.) shall be rear cuffed at the earliest opportunity to reduce the potential for resistance, which may cause injuries. In addition, alternate restraining devices (Velcro straps, mesh restraining blankets, etc.) shall be used, at the earliest opportunity, to restrain or further restrain a subject whose actions or behavior may cause injury to himself/herself or others. After an individual has been controlled and placed under custodial restraint using handcuffs and other authorized methods, the person should be positioned so as to promote free breathing. The subject should not be maintained or transported in a face down position. The member assuming custody of the subject should closely observe him or her for any apparent injuries. If the area is dark, a flashlight or other source of illumination should be used to maintain a clear view of the subject at all times. If a person appears to be having difficulty breathing or is otherwise demonstrating life-threatening symptoms, medical assistance will be requested immediately. The patrol supervisor will direct that alternate means to maintain custody be utilized, if appropriate. The use of restraints to "hog-tie" (restraining person by connecting or tying rear cuffed hands to cuffed or shackled ankles or legs) subjects and the transportation of subjects in a face down position within any vehicle are prohibited. P.G. 203-12 Deadly Physical Force Date Effective: 08-01-13 DEADLY PHYSICAL FORCE The New York City Police Department recognizes the value of all human life and is committed to respecting the dignity of every individual. The primary duty of all members of the service is to preserve human life. The most serious act in which a police officer can engage is the use of deadly force. The power to carry and use firearms in the course of public service is an awesome responsibility. Respect for human life requires that, in all cases, firearms be used as a last resort, and then only to protect life. Uniformed members of the service should use only the minimal amount of force necessary to protect human life. Where feasible, and consistent with personal safety, some warning, such as "POLICE - DON'T MOVE," should be given. Deadly force is never justified in the defense of property. Above all, the safety of the public and uniformed members of the service must be the overriding concern whenever the use of firearms is considered. DEFINITION PROFESSIONAL JUDGEMENT - judgment based not only upon experience as an individual but taking into account the knowledge, experience, and training gained through employment as a police officer. GUIDELINES FOR THE USE OF FIREARMS UNIFORMED MEMBERS OF THE SERVICE a. Police officers shall not use deadly physical force against another person unless they have probable cause to believe they must protect themselves or another person present from imminent death or serious physical injury. b. Police officers shall not discharge their weapons when, in their professional judgment, doing so will unnecessarily endanger innocent persons. c. Police officers shall not discharge their firearms in defense of property. d. Police officers shall not discharge their firearms to subdue a fleeing felon who presents no threat of imminent death or serious physical injury to themselves or another person present. e. Police officers shall not fire warning shots. f. Police officers shall not discharge their firearms to summon assistance except in emergency situations when someone's personal safety is endangered and unless no other reasonable means is available. g. Police officers shall not discharge their firearms at or from a moving vehicle unless deadly physical force is being used against the police officer or another person present, by means other than a moving vehicle. h. Police officers shall not discharge their firearms at a dog or other animal except to protect themselves or another person from physical injury and there is no other reasonable means to eliminate the threat. i. Police officers shall not, under any circumstances, cock a firearm. Firearms must be fired double action at all times. P.G. 203-13 Financial Restrictions - Prohibited Acts Date Effective: 02-27-14 FINANCIAL RESTRICTIONS - PROHIBITED ACTS 1. Using confidential official information to advance financial interest of self or another. 2. Becoming interested, directly or indirectly, in any manner except by operation of law in any business dealing with City. 3. Engaging, or rendering a service, in any financial, commercial or private interest which is directly or indirectly in conflict with official duties. 4. Purchasing city-owned real property through negotiated sale, EXCEPT a city-owned residential building of six units or less, may be purchased through negotiated sale. Violation subjects member to fine, suspension or dismissal and member may be prosecuted for a misdemeanor. 5. Purchasing real estate for rental purposes within precinct of assignment. 6. Soliciting, accepting, printing or publishing advertisements, or booster lists, or receiving funds from a businessperson or any other person, directly or indirectly, relating to a journal or any other publication of any organization that has the word "POLICE" in its organization title or its literature, cards, tickets, etc., used to raise funds for any purpose indicating, in any way, an affiliation with this Department, without approval of the Chief of Internal Affairs. 7. Selling or issuing tickets, invitations or any other writing or device for the purpose of admission to functions held by religious, line or fraternal organizations within this Department, and any placards, invitations, circulars or other similar instrument advertising these affairs bearing the words "POLICE DEPARTMENT - CITY OF NEW YORK" or similar term indicating an affiliation with the Police Department without the approval of the Chief of Internal Affairs. NOTE: The officers and committee members taking part in the arrangement, operation or conduct of authorized affairs under the auspices of religious, line or fraternal organizations of this Department will ensure that Department standards are maintained. 8. Authorizing use of photograph in uniform or mentioning rank, title or membership in Department for commercial advertisement. 9. Accepting testimonial award, gift, loan or thing of value to defray or reimburse any fine or penalty, or reward for police service except: a. Award from City of New York Employee's Suggestion Board, b. Award of Departmental recognition, c. Award to a member of officer's family for a brave or meritorious act, from a metropolitan newspaper. d. Monetary prize or award from foundations, universities, institutions, etc., after review by the Deputy Commissioner, Legal Matters and the approval of the Police Commissioner. 10. Purchasing or acquiring property of another, without approval of commanding officer, knowing or having reason to know that such property was held in custody of this Department. 11. Soliciting, contributing or paying, directly or indirectly, or otherwise aiding another to solicit, contribute or pay any money or other valuable consideration which will be used in connection with a matter affecting the Department or any person connected with the Department, without permission of the Chief of Internal Affairs. 12. Soliciting or accepting loans from merchants, firms or persons doing business located or residing in area of assignment. 13. Entering into a business or financial transaction with another member of the service who is your superior or subordinate where the superior has the power to direct the subordinate’s work or has the power to affect the terms and conditions of the subordinate’s employment. This means, but is not limited to, circumstances where the superior has direct supervision of the subordinate or instances where in the course of conducting police related business, there is a likelihood that the superior will be in a position to supervise or affect the assignment of the subordinate. Accordingly, members of the service who do not work in the same command but who do work within the same bureau/patrol borough should carefully consider, before entering into a business or financial transaction with each other, whether the above superior/subordinate relationship presently exists. Members of the service should also be aware that changes in assignments that affect the superior/subordinate relationship may make a pre-existing business or financial relationship an impermissible conflict of interest. The Office of the Deputy Commissioner, Legal Matters should be contacted if questions arise regarding these issues. 14. Using your position with the Department for the benefit of yourself or associate, through micropurchases made on behalf of the Department (purchases up to $20,000 that may be made without competition). a. "Associate" is defined in Chapter 68 of the City Charter as a spouse, domestic partner, child, parent, or sibling of a public servant; a person with whom a public servant has a business or other financial relationship; and each firm in which a public servant has a present or potential interest. The Conflicts of Interest Board has determined that it is a violation of the conduct described in step 13 for a superior to solicit charitable contributions from, or to offer to sell products of any amount or value to a subordinate. The Board has specifically ruled, however, that a subordinate may sell products for profit or charitable purposes, or solicit donations for charitable purposes from a superior if the amount involved is de minimis. The Board has defined de minimis to be $25.00 or less. P.G. 203-14 Financial Restrictions - Prohibited Interests Date Effective: 08-01-13 FINANCIAL RESTRICTIONS - PROHIBITED INTERESTS 1. No Department employee may have a position in a firm that the employee knows, or should know, is engaged in business dealings with the Department. 2. No Department employee may have a position in a firm that the employee knows, or should know, is engaged in business dealings with the City, unless such position is in a firm whose shares are publicly traded. NOTE: For purposes of steps 1 and 2 above, a position with a firm includes, but is not limited to an officer, director, manager, employee, trustee, attorney, agent, broker or consultant to the firm. The definition of "firm" includes an individual seeking business on his/her own behalf, and as a sole proprietor. 3. In addition to the prohibitions outlined above, a Department employee may not have an ownership interest in a firm that is engaged in business dealings with the Department or have an ownership interest in a firm whose shares are not publicly traded, that is engaged in business dealings with the City. 4. If a Department employee has an ownership interest prohibited in step 3 above, the employee must, within ten days of learning that such ownership interest is prohibited: a. Terminate such ownership in the firm, OR b. Disclose the prohibited ownership interest to the Conflicts of Interest Board. NOTE: For purposes of steps 3 and 4 above, an ownership interest means an interest held by a Department employee, the employee's spouse or unemancipated child, that is greater than five percent of the firm or an investment equivalent to $32,000.00. If a Department employee has an interest in a firm, whose shares are publicly traded, that has business dealings with the City (which would be permitted), but is not sure whether that firm has business dealings with the Department (which would not be permitted), the employee may make written request to the Police Commissioner, through channels, for a determination on whether that firm does business with the Department. Any Department employee who believes they may be covered by these provisions should immediately contact the Conflicts of Interest Board for further instructions. An employee may have an interest otherwise prohibited above if written approval is obtained from the Police Commissioner and the Conflicts of Interest Board approves. P.G. 203-15 Off Duty Conduct - Attendance At Parades, Funerals, Memorial Services And Other Department-Oriented Or Law Enforcement Events Date Effective: 08/01/13 PURPOSE To inform all off duty members of the service of the guidelines to be complied with when attending or taking part in parades, funerals, memorial services, and other Department-oriented or law enforcement events. SCOPE All members of the service are strictly accountable for their conduct at all times, whether on or off duty, inside or outside New York City. Conduct which brings discredit to the Department, or conduct in violation of law is unacceptable and will result in appropriate disciplinary measures. Additionally, all members of the service are subject at all times to the provisions of the Patrol Guide, other Department regulations, and all local, state, and federal laws. PROCEDURE When attending or taking part in parades, funerals, memorial services, and other Department-oriented or law enforcement-oriented events, the following will be complied with: a. ALL members are required to report corruption or other misconduct whether on or off duty, inside or outside New York City. In particular, ranking officers are reminded that supervisory responsibilities are never abrogated. Ranking uniformed members of the service must take affirmative action whenever they observe or become aware of corruption or other misconduct, including immediate notification to the Internal Affairs Bureau. b. On duty members, in or out of uniform, will return to their commands as soon as the event is over. They will not take a meal period and will not be granted lost time until they return to their assigned commands. c. All off duty uniformed members of the service who wish to wear their uniform outside New York City must receive permission in advance from the Police Commissioner, First Deputy Commissioner, or Chief of Department. NOTE: ALL OFF DUTY MEMBERS WHO ARE IN UNIFORM MUST CONDUCT THEMSELVES AS IF THEY WERE ON DUTY, AND WILL BE HELD ACCOUNTABLE ACCORDINGLY. ADDITIONALLY, ALL MEMBERS WILL RESPECT, COOPERATE WITH, AND FOLLOW THE DIRECTION OF PERSONNEL FROM OTHER LAW ENFORCEMENT AGENCIES WHEN PRESENT IN THAT AGENCY'S JURISDICTION. d. Off duty members granted permission to wear uniforms will only wear them for the duration of the event. They must then change into civilian attire as soon as the event is over. e. Under no circumstances will any member wear his/her uniform off duty or attend any parties, dinners, fund raising events, etc., in uniform, without the permission of his/her commanding officer or designee. This includes social events that take place after a parade, funeral, etc., has ended. f. All members of the service are reminded to comply with P.G. 203-06, "Performance On Duty - Prohibited Conduct," which prohibits the consumption of intoxicants when in uniform whether on or off duty. Members will not, under any circumstances, allow alcoholic beverages to be brought into Department facilities or vehicles except in performance of duty. g. All Department-oriented and law enforcement-oriented events that members of the service attend, wherever they take place, will be monitored by ranking officers from overhead commands. In selected cases, as specifically directed by the Police Commissioner, First Deputy Commissioner, or Chief of Department, the Internal Affairs Bureau will conduct such monitoring. h. Members are reminded of the provisions of P.G. 204-08, "Firearms -General Regulations," which states that off duty members are to be unarmed at their own discretion when engaged in any activity of a nature whereby it would be advisable NOT to carry a firearm, especially those events at which alcoholic beverages are consumed. In addition, off duty members are reminded that they may only carry the regulation service revolver or pistol, authorized off duty revolver, or authorized special weapons. i. Members, when out of state for a parade, funeral, memorial ceremony, or any other Department-oriented or law enforcement-oriented event, may not carry any firearms without the permission of the Police Commissioner, First Deputy Commissioner or Chief of Department even when such an event takes place in a state which allows police officers from other jurisdictions to carry their weapons. P.G. 203-16 Guidelines For Acceptance Of Gifts And Other Compensation By Members Of The Service Date Effective: 08/01/13 PURPOSE To provide guidance to members of the service relating to acceptance of gifts and other compensation. POLICY It is the policy of the Department that members of the service may not accept any reward, gratuity, gift or other compensation for any service performed as a result of or in conjunction with their duties as public servants. All exceptions must be in accordance with Chapter 68 of the New York City Charter and the Police Department Board of Ethics rulings. This policy applies regardless of whether the service was performed while said members of the Department were on or off duty. Members of the service also shall not solicit any gift, gratuity, loan, present, fee or reward for personal gain. SCOPE Members of the service may be offered gifts, awards, and other things of value by private citizens, institutions, etc., in appreciation for their police service. It is not unethical or illegal for a member of the service to accept gifts that are commonly offered as tokens of appreciation, i.e., plaques, pen and pencil sets, etc. However, cash rewards and personal gifts, such as wristwatches, etc., are strictly forbidden. To insure that the general public does not misinterpret the justification for these gifts, the following procedure has been established. PROCEDURE Whenever a member of the service is offered a gift or becomes aware that a gift will be offered in appreciation for police service: MEMBER CONCERNED 1. Comply with Department regulations relating to financial restrictions and prohibited acts/prohibited interests. 2. Notify commanding officer, PRIOR to acceptance of gift. COMMANDING OFFICER CONCERNED 3. Review circumstances regarding the offering of the gift. a. Review Department Board of Ethics rulings relating to acceptance of gifts. NOTE: Commanding officers are responsible to ensure command copies of Board of Ethics rulings are maintained in Command Reference Library as required by A.G. 325-18, "Command Reference Library." IF GIFT IS A REWARD OR PRESENT FOR POLICE SERVICE RENDERED IN DISCHARGE OF OFFICIAL DUTY: 4. Prepare a report, on Typed Letterhead, to the Police Commissioner, for review and final determination regarding acceptability of gift. IF GIFT IS OFFERED BY A PERSON/FIRM WHICH IS, OR INTENDS TO ENGAGE IN BUSINESS DEALING WITH THE CITY OF NEW YORK: 5. Review City Charter, Section 2604 (B)5 to ensure that there is no conflict of interest. 6. Make final determination regarding the propriety of accepting gift and notify member concerned. a. Request ruling by Board of Ethics if circumstances of offering are peculiar in nature and not reflected in current rulings. 7. Prepare a report, on Typed Letterhead, to the Chief of Internal Affairs, through channels, for any member who receives two or more gifts, regardless of value or source of gift, within a calendar year. RELATED PROCEDURES Command Reference Library (A.G. 325-18) FORMS AND REPORTS Typed Letterhead P.G. 203-17 Fund Raising Events Date Effective: 10-16-13 PURPOSE To provide specific information relative to fund raising activities affecting the Department or any person connected with the Department, and the posting of advertisements involving such events by members of the service. PROCEDURE Prior to the fund raising event or posting of advertisements, concerning the event: COMMANDING OFFICER, MEMBER CONCERNED 1. Prepare a request, on Typed Letterhead, addressed to the Chief of Internal Affairs, (through channels), containing the following information: a. The date, time and location of the fund-raiser, the identities of the organizers and the recipient of the proceeds after expenses. b. The results of inquiries made to the Intelligence Bureau and the Organized Crime Control Bureau relative to the premises and the principals involved, and the State Liquor Authority, when appropriate. c. The results of a check of the respective precinct's Integrity Monitoring File. d. The specific manner by which funds will be raised and the method of compensation to the principals of the premises, including an assurance that the full retail price will be paid for all food, beverages and ancillary services, such as music, entertainment, etc. e. A statement indicating that no illegal gambling, raffles or 50-50 drawing will take place at the event. f. A statement and documentation indicating a specific accounting of funds collected and disbursed will be forwarded, within thirty days after the fund-raiser, to the Chief of Internal Affairs (i.e., copies of checks, bank deposit slips, or proof of payment for outstanding bills, etc.). g. A statement indicating that no conflict with Department procedures and/or guidelines was found to exist relative to the fund- raiser. h. A concluding remark recommending approval of the request. 2. Forward completed request, through channels, to the Chief of Internal Affairs. MEMBER CONCERNED, INTERNAL AFFAIRS BUREAU 3. Advise commanding officer submitting request of the IAB number assigned to the request, and whether the request was approved or disapproved by the Chief of Internal Affairs. 4. Return request, if approved, to the bureau chief/counterpart concerned for appropriate follow-up and event monitoring. RELATED PROCEDURES Financial Restrictions - Prohibited Acts (P.G. 203-13) P.G. 203-18 Residence Requirements Date Effective: 08-01-13 PURPOSE To inform members of the service (uniformed and civilian) of the Department's residence and telephone number requirements. MEMBER OF THE SERVICE 1. Reside within City of New York or Westchester, Rockland, Orange, Putnam, Nassau or Suffolk Counties. 2. Provide operations coordinator with physical home address. a. Post Office Box addresses are not permitted. 3. Provide operations coordinator with a landline telephone number and/or cellular telephone number, at residence. a. Beeper/pager numbers are not permitted. b. Members of the service may, in addition to the above, provide the operations coordinator with their email address. OPERATIONS COORDINATOR 4. Ensure that each member of the service reviews and updates their personnel information via the Personal Data Forms Intranet System, as required. COMMANDING OFFICER 5. Ensure members of the service comply with the residence and telephone number requirements. PERSONNEL ORDERS SECTION 6. Ensure that no uniformed member of the service is to be assigned to a borough task force in a borough in which he/she resides in without the borough commander's approval. 7. Ensure no uniformed member of the Housing Bureau is to be assigned to a police service area (PSA) that patrols public housing developments in a precinct in which the member resides. 8. Ensure no member of the service (uniformed or civilian) is to be assigned to his/her resident precinct, with the exception of school crossing guards. a. Civilian members of the service who were assigned to their resident precinct prior to July 29, 2009, will be able to continue to reside and work in the same precinct. NOTE: If the residence of a member of the service subsequently changes and results in a contradiction of any of the above residency requirements, the member must immediately notify his/her commanding officer. ADDITIONAL DATA New York City local law requires civilian members of the service, who entered City service on or after September 1, 1986, to become a City resident within ninety days of appointment. Civilian members of the service who were permanently appointed to City service before this date may reside outside the City; however, such civilian members who accept either provisional, non-competitive, or exempt positions must establish City residence within one year. Notwithstanding the general requirement of City residency, Local Law No. 48 of 2009, allows civilian members of the service who have completed two years of service to reside, in addition to the five boroughs of New York City, in Westchester, Rockland, Orange, Putnam, Nassau or Suffolk Counties. However, civilian members of the service with special patrolman designation status must reside within the five boroughs of New York City regardless of years of service. Traffic Enforcement Agents Level IV, School Safety Agents and Evidence/Property Control Specialists who have special patrolman status are exempt under the State Public Officers Law and after completing two years of employment with the City may reside, in addition to the five boroughs of New York City, in Westchester, Rockland, Orange, Putnam, Nassau or Suffolk Counties. This amendment will not affect administrative or judicial actions taken to enforce residency requirements which were in effect prior to the change. All allegations of non-compliance with this law will be referred to the Personnel Bureau's Investigations Unit, regardless of the civilian member's permanent assignment within the Department. Sole investigative responsibility will rest with the Investigations Unit. Results of the investigation will be reviewed by the Assistant Commissioner, Employee Management Division. If an investigation does identify a civilian member in violation of this requirement, the civilian member of the service will be given an opportunity to rebut the investigation's findings. Civilian members of the service, in fact, not in compliance with this requirement are subject to termination. A Department trial will not be conducted. Employees with questions regarding civilian residency requirements may contact the Employee Management Division. RELATED PROCEDURES Personal Information Via Department Intranet (P.G. 203-24) P.G. 203-19 Vacation Policy Date Effective: 08/01/13 VACATION POLICY 1. Accrue vacation at the following rates: a. 1 2/3 days each month during the first five years of service b. 2 1/4 days each month after the first five years of service. 2. Vacations are granted according to seniority in rank and by squad assignment, if appropriate. (The date of actual appointment to the rank of police officer will determine seniority for vacation selection). 3. NOT MORE THAN 12% of personnel assigned to a uniformed patrol command (e.g., precinct, police service area, transit district, etc.) shall take vacation at the same time. 4. Staff members of uniformed patrol commands and the uniformed members of those commands who perform special tours of duty, i.e., day squad, traffic officers, etc., shall select vacation separately from other uniformed members of the command. The 12% limitation will be maintained, if possible. 5. Probationary police officers are not permitted to take vacation while in training at the Police Academy. After assignment to permanent command probationary police officer is allowed to take vacation in excess of the 12% limitation but not in conjunction with next vacation allowance. 6. Vacations for uniformed members of the service assigned to other than uniformed patrol commands will be granted at the discretion of the commanding officer. The 12% limitation will be adhered to, if possible. 7. Vacations of police officers (1st grade) and detectives who perform duty with the Police Officer/Sergeant Duty Schedule may be selected as follows: a. One period consisting of five sets of tours (or a comparable period based on the member's duty schedule) OR b. Two periods consisting of three sets and two sets of tours, OR c. Three periods consisting of two periods of two sets of tours and one period consisting of one set of tours, OR d. Four periods consisting of one period of two sets of tours and three periods consisting of three single sets of tours, OR e. Five periods consisting of five single sets of tours. 8. Police officers, other than first grade, may select one period of four sets of tours or two periods, each consisting of two sets However, if an officer's fifth (5th) anniversary appointment date the current calendar year, the vacation allowance of said officer follows: consisting of tours. falls within will be as APPOINTMENT DATE January 1 to February 14 (inclusive) February 15 to April 15 (inclusive) April 16 to June 15 (inclusive) June 16 to July 15 (inclusive) July 16 to September 15 (inclusive) September 16 to November 15 (inclusive) November 16 to December 15 (inclusive) VACATION ALLOWANCE 27 work days 26 work days 25 work days 24 work days 23 work days 22 work days 21 work days 9. Lieutenants, sergeants and detectives may take vacation in one period, two approximate equal periods, or may select vacations consisting of one complete set of tours and two others of approximately equal length. Captains through deputy chiefs will take vacations consistent with the needs of their command. 10. Uniformed members of the service (police officer through deputy chief) may carry over a maximum of three weeks vacation into following year subject to the following conditions: a. Accrued time may not be taken during June, July, August or December. b. Selection of accrued vacation is subject to exigencies of the Department. c. Selection of accrued time will be made after regular vacation picks. d. The 12% limitation remains in effect. NOTE: Accrued vacation guidelines do not apply to vacation time lost due to member being on sick report. 11. Excusal periods occurring immediately prior to, within and immediately following vacation are an integral part of such vacation. 12. Members shall start vacation at the beginning of a set of tours and consisting of a complete set, if possible. 13. Prepare annual vacation lists prior to January 1st to permit commencement of vacations on January 1st. 14. Two individual vacation days may be taken during January and February of the succeeding year, subject to the following guidelines: a. Uniformed member concerned may select individual days when making regular vacation selection; however, if not selected with regular pick, they may be selected at later date subject to exigencies of the service. b. ONLY 2% of uniformed members assigned to uniformed patrol commands may take individual vacation days at one time. c. Police officers MAY NOT select more than one of the following holidays as an individual vacation day: Independence Day, Labor Day, Thanksgiving Day, Christmas Day or New Year's Day. 15. Take vacations at a time convenient to the Department. 16. Command timekeeper will enter vacation selections in the Command Diary. 17. Vacation selection may be changed to fill a vacant period or when members mutually agree to change vacation selections ONLY with permission of commanding officer. 18. Police officers retain original vacation selections when transferred. Supervisory officers may retain original selections if the efficiency of the command is not impaired. However, minor adjustments may be made to reflect new chart assignments. 19. Neither the executive officer nor the operations coordinator are permitted to take vacations at the same time as the commanding officer. 20. Uniformed member will apply for vacation lost during the preceding year due to sick leave, without delay, upon return to duty. 22. Vacation time granted in excess of accrued yearly allowance will result in reduction of vacation allowance in the following year. P.G. 203-20 Authorized Leave Date Effective: 08/01/13 MEMBER OF THE SERVICE REQUESTING AUTHORIZED LEAVE 1. Prepare LEAVE OF ABSENCE REPORT (PD433-041) and submit to commanding officer/supervisory head, for approval, at least five days before leave commences except in emergency. a. Uniformed and civilian members of the service must complete the "Location During Absence" section on the LEAVE OF ABSENCE REPORT including each country, with the city/town or province where the member will be staying, date(s) of departure and date of return, unless on military leave or leave of absence without pay thirty calendar days or more b. If member will remain at their residence, member will enter "residence" and include location and dates c. Prior to approving recommendations for leave, commanding officer/supervisory head will ensure that each country, with the city/town or province where the member will be staying is entered in Location During Absence section of LEAVE OF ABSENCE REPORT. 2. Leaves may be terminated at discretion of Police Commissioner. 3. Member who is granted extended leave of absence without pay must take all accrued leave prior to the start of leave of absence, except for military leave. 4. Leave without pay for thirty or more consecutive days during a year, except military leave, will reduce authorized vacation by 1/12th for each thirty consecutive days of absence. 5. Member returning from leave without pay for one year or more may not be granted unaccrued vacation until member performs active duty for a minimum of three months, unless otherwise authorized by law. 6. A member of the service (uniformed or civilian) applying for any extended leave, e.g., educational leave with or without pay, hardship leave, etc., is required to communicate with the Military and Extended Leave Desk for instructions. 7. Leave without pay may be granted to observe a religious holiday. No more than 1/6th of each squad may be granted such leave. ADDITIONAL DATA If an emergency situation arises and a uniformed member of the service requests an emergency excusal day (E-Day) for his/her next scheduled tour of duty, the requesting uniformed member of the service must receive approval from the desk officer on duty at the time of the request. Members of the service may only request an E-Day during the interval between the member's last tour of duty performed and the start of their next scheduled tour of duty. All other requests for a leave of absence, that does not fall under the guidelines for an E-Day, will be submitted on a LEAVE OF ABSENCE REPORT to the member's commanding officer/supervisory head. Once a decision has been rendered regarding the E-Day request, the desk officer will make an entry on the Roll Call Adjustment (Misc. 3084). The entry will consist of the requesting member's rank, name and whether the E-Day request was granted or denied. If the E-Day has been granted, the desk officer will ensure a LEAVE OF ABSENCE REPORT is prepared for the requesting member. A denial of an E-Day by the desk officer is a final decision. If the request is denied, members are prohibited from attempting to receive approval of the same request from another supervisor and may be subject to disciplinary action. Commanding officers will ensure that supervisors are aware of the command's criteria for the granting of E-Days. This includes, but is not limited to, the reason for requested excusal, number of emergency day requests made by the member, and the operational impact on the command. FORMS AND REPORTS LEAVE OF ABSENCE REPORT (PD433-041) Roll Call Adjustment (Misc. 3084) P.G. 203-21 Integrity Monitoring File Date Effective: 10-16-13 PURPOSE To identify locations where there is potential for members of the service to engage in corrupt practices or misconduct. DEFINITION DESIGNATED OFF-LIMITS LOCATION – a location operating legitimately that a commanding officer may place off-limits because of some police misconduct related activity, and the need to avoid the appearance of impropriety by members of the command (see Additional Data). UNLAWFUL LOCATIONS – premises, whether in a member's command or elsewhere, that are involved in illegal activities which would preclude the presence of a member of the service, except in the line of duty (see Additional Data). COOPING PRONE LOCATIONS – locations or premises where members of the service may engage in unauthorized interrupted patrol (see Additional Data). PROCEDURE When a premises or location has been identified as a "Designated Off-Limits Location", "Unlawful Location", or a "Cooping Prone Location" in a command under the jurisdiction of the Patrol Services, Housing, or Transit Bureaus: COMMANDING OFFICER 1. Direct integrity control officer to maintain an Integrity Monitoring File. 2. Document and have on file for review the reason(s) for including a location in the Integrity Monitoring File. NOTE: Documentation should include, but not be limited to criminal history, arrests, summonses, reports to the State Liquor Authority, organized crime information, corruption, Civilian Complaint Review Board/community complaints, etc. Dates of reports and serial numbers should be included. For further information to be maintained for off-limits and unlawful locations see "Additional Data." 3. Determine schedule to be utilized by commanding officer, executive officer, and integrity control officer when making visits to Designated Off-Limits Locations. a. Patrol supervisors will make observations, but not visits, to all locations as directed by the integrity control officer. 4. Direct preparation and maintenance of an Integrity Monitoring Log for the recording of observation and visits to subject locations. INTEGRITY CONTROL OFFICER 5. Maintain Integrity Monitoring file. 6. Maintain Integrity Monitoring Log and record all visits and observations, as well as police action directed at identified locations. NOTE: The Integrity Monitoring Log will be in a Department record book divided equally into three separate sections entitled: a. "Designated Off-Limits Locations" b. "Unlawful Locations" c. "Cooping Locations" Each section will be captioned across a double page as follows: FIRST PAGE DATE TIME LOCATION ACTIVITY OBSERVED(IF ANY) SECOND PAGE MEMBER MAKING OBSERVATION ACTION TAKEN (Summons, arrest, Intelligence Div. notification, etc) REMARKS COMMANDING OFFICER 7. Evaluate, every six months, the command's Integrity Monitoring File for accuracy and relevance. 8. Add/delete locations by forwarding a report, on Typed Letterhead, to overhead bureau concerned, through channels. a. Indicate reason for addition/deletion. b. Include an updated Integrity Monitoring File with report. 9. Prepare three copies of updated Integrity Monitoring File on March 1st each year, and forward to overhead bureau concerned, through channels. a. An accompanying report will be prepared indicating that the commanding officer concerned has reviewed the file and the locations on each list are in conformance with this procedure. BUREAU COMMAND 10. Review reports (both interim and annual) submitted by subordinate commands. a. forward copy of report to the Investigation Review Section, Office of the Chief of Department. b. forward copy of report to the Internal Affairs Bureau. ADDITIONAL DATA The Investigation Review Section will act as the central repository for Designated Off-Limits Locations, Unlawful Locations, and Cooping Prone Locations. Annually, the Investigation Review Section shall forward an updated citywide list of these locations to the Operations Unit and the Office of the Chief of Department. Furthermore, the Quality Assurance division shall conduct audits of precincts, transit districts, police service areas and borough command counterparts to ensure updated lists are maintained in accordance with the provisions of this procedure. If it becomes necessary for a uniformed member of the service to enter a location listed in the Integrity Monitoring File because of assignment by competent authority, i.e. radio dispatcher/serious police emergency, the member concerned will immediately notify the patrol supervisor. The patrol supervisor will respond and make an ACTIVITY LOG (PD112-145) entry of the circumstances. The duties performed by units in Transit Bureau, The [I.O. 1 s 11] Chief of Transportation and the Special Operations Division my present integrity hazards that are unique to their specialties, i. e., marinas, riding academies, parking garages, etc. Therefore, commanding officers of each unit will identify such locations, and, using the criteria below, compile a Designated Off-Limits Location list for their unit's Integrity Monitoring File. Furthermore, they will obtain, and personally review off-limits locations within other commands where their members perform patrol. These locations will be included in their own lists of locations considered integrity hazards for their personnel. CRITERIA FOR INCLUSION IN INTEGRITY MONITORING FILE DESIGNATED OFF-LIMITS LOCATION a. Some documented police misconduct-related activity, such as: (1) Any substantial acts of misconduct, or (2) The failure of integrity tests, or (3) The commanding officer's professional judgment after review of corruption allegations, or (4) Intelligence from the Organized Crime Control Bureau or the Intelligence Bureau, particularly at locations involving organized crime, or (5) The location's past history of repeated crimes or violations. PLUS b. Illegal conditions associated with locations, or the inference or appearance of preferential treatment. Conditions listed in paragraphs a or b above are both required in order for a location to be included in the "Designated Off-Limits Locations" portion of the Integrity Monitoring File. Members of the service are prohibited from entering all Designated Off-Limits Locations within their command of assignment, whether on or off duty. Because of these limitations, commanding officers will be very judicious when designating a location off-limits. In addition, they must be able to articulate the reasonable basis used for selecting each location. Additionally, they should avoid listing general areas such as entire streets, plazas, parks, etc., unless there are some extraordinary circumstances that would justify the off-limits provisions of this procedure. The following information should be included in interim or annual reports regarding Designated Off-Limits Locations: (1)Date declared off-limits (2)Number of visits/observations by commanding/executive/integrity control officers or other supervisors (3)Notifications to investigations unit concerned (4)Any disciplinary/criminal action taken against members of the service re: location concerned (including results) (5)Date location closed or business sold (6)Date removed from list and reason (passed integrity test, etc.) UNLAWFUL LOCATION a. Premises (licensed or unlicensed) where a member of the service MUST be suspended for having an interest in, associating with or patronizing as indicated in Patrol Guide procedure 206-07, "Cause For Suspension Or Modified Assignment", step 2, subdivision "f" OR, b. Unlicensed premises (neighborhood tavern or restaurant with an expired/suspended license) where the sale of alcohol is the only apparent illegal activity and a member of the service may be suspended or placed on modified assignment for patronizing such a location as per Patrol Guide procedure 206-07, "Cause For Suspension Or Modified Assignment", step 3, subdivision "e". The following information should be included in interim or annual reports regarding Unlawful Locations (1)Date declared unlawful (2)Number of visits/observations by commanding/executive/integrity control officers or other supervisors (3)Any notifications made to Internal Affairs Bureau or any unit/agency relative to vice enforcement, narcotics, civil enforcement, etc. (4)Any disciplinary/criminal action taken against members of the service re: location concerned (including results) (5)Date business sold (6)Date location closed and reason (civil enforcement, vacated business, fire, etc.) If a member of the service becomes involved in an incident in an Unlawful Location, outside of his/her command, and upon investigation it is discovered that the location has been previously deemed unlawful, and is still carried as such in the command's Integrity Monitoring File, the commanding officer/duty captain will determine whether or not the member involved should have been aware of the unlawful status of the location in question. COOPING PRONE LOCATIONS Consideration for designating a location as cooping prone should be based on past history of allegations of cooping, or locations where, in the commanding officer's judgment, there is likelihood that members will engage in interrupted patrol. Cooping prone locations apply to on-duty members only. However, members will not be prohibited from performing authorized patrol within such locations, when necessary. FORMS AND REPORTS ACTIVITY LOG (PD 112-145) Type Letterhead P.G. 203-22 Department Confidentiality Policy Date Effective: 08/01/13 PURPOSE To inform members of the services of the guidelines to be complied with when accessing, cresting, receiving, disclosing or otherwise maintaining information from an information system: MEMBER OF THE SERVICE 1. Access only those information systems to which authorization has been granted, and under circumstances required in the execution of lawful duty. 2. Abide by any security terms/conditions associated with the information system, including those governing user passwords, logon procedures, etc. 3. Disclose information to others, including other members of the service, only as required in the execution of lawful duty. 4. Confirm identity and affiliation of requestor of information and determine that release of information is lawful, prior to disclosure. 5. Maintain confidentiality of information accessed, created, received, disclosed or otherwise maintained during course of duty. NOTE: The above guidelines also apply to the oral transmission of information contained in any Department information system. Members of the service who fail to adhere to the above guidelines may be subject to disciplinary and/or criminal action. RELATED PROCEDURES Information Concerning Official Business of Department (P.G. 212-76) Release of Information to News Media (P.G. 212-77) Department Computer Systems (P.G. 219-14) P.G. 203-23 Conducting Ordered Breath Testing Of Uniformed Members Of The Service For The Presence Of Alcohol Date Effective: 08/01/13 COMMANDING OFFICER, PERSONNEL BUREAU INVESTIGATIONS UNIT 1. Maintain a listing (including duty charts, vacation selections and complete contact information such as home phone numbers, cellular phone numbers, beeper numbers and e-mail addresses) of all uniformed members who have been placed on Dismissal Probation, or have been the subject of other disciplinary action, and have agreed to submit to ordered breath testing for the presence of alcohol as a result of a negotiated penalty in a Department disciplinary proceeding. NOTE: Subject members have signed a Negotiated Settlement which contains the following wording: "I agree to submit to and to make myself available, on or off duty, for ordered breath testing for the presence of alcohol during a probationary period or other agreed upon time period pursuant to Patrol Guide 203-04," Fitness for Duty." I understand that this will entail unannounced visits to my personal residence. In addition, I am fully aware that if said testing of my blood alcohol level is .04 or more that I shall be presumed unfit for duty. I also understand that should I be found unfit for duty or should refuse such testing I will be subject to further disciplinary action up to and including summary termination. I acknowledge that I have received and understand the provisions within Patrol Guide 203-04, "Fitness for Duty" and Patrol Guide 203-23, "Conducting Ordered Breath Testing of Uniformed Members of the Service for the Presence of Alcohol." 2. Schedule each member whose name appears on the listing to be periodically tested during each quarterly period during which the member is subject to ordered breath testing. For the purposes of this procedure, the calendar year will be divided into four quarterly periods as follows: January through March, April through June, July through September and October through December. Nothing in this procedure shall preclude a subject member from being tested more than once during a quarter. However, at least one of the tests conducted during the year must be conducted during the subject member's off duty hours. NOTE: If the period that the member is subject to ordered breath testing begins on February 15th, for example, the initial testing of the subject member will commence during the quarterly period that runs from January 1st through March 31st. 3. Ensure that all supervisors assigned to the Personnel Bureau Investigations Unit and the Medical Division's Absence Control & Investigations Unit have been trained by the Highway District in the operation of the hand-held Portable Breath Test (PBT) device. 4. Arrange for a supervisor assigned to the Personnel Bureau Investigations Unit or the Medical Division's Absence Control & Investigations Unit to conduct a breath test using a PBT device whenever a subject member is scheduled to be tested. Both units will assist each other in the testing process as necessary. NOTE: If the subject member is a ranking member of the Department, a supervisor of an appropriate rank assigned to one of the sub-units of the Personnel Bureau will be designated to assist with the administration of the breath test. 5. Maintain a database that tracks the results of all on duty as well as all off duty ordered Breath tests and the number of members tested. 6. Submit a quarterly report to the Chief of Personnel listing all subject members, the starting and ending dates during which they are subject to ordered breath testing, the dates on which they were tested, whether they were tested on duty or off duty, and the results. NOTE: The probationary period will be extended by any period of time that the subject member is on suspension, modified assignment, restricted duty, limited duty, sick leave, leave of absence (military, educational, etc.) or annual leave. As such, the Employee Management Division will be contacted to ascertain the exact date that the probationary period ends. ON DUTY ORDERED BREATH TESTING (Steps 7-14) DESIGNATED SUPERVISOR, PERSONNEL BUREAU INVESTIGATIONS UNIT/MEDICAL DIVISION'S ABSENCE CONTROL & INVESTIGATIONS UNIT 7. After being designated to conduct an ordered breath test of an on duty member of the service, the breath test will be conducted at the Medical Division's offices on the 16th Floor of One Lefrak City Plaza in Corona or at the Personnel Bureau Investigations Unit at 49-51 Chambers Street, 14th Floor, on a date and time when the subject member is regularly scheduled to work. NOTE: The Medical Division's Drug Screening Unit must ensure that the records maintained in regard to random drug testing do not in any manner include members who were notified to appear for ordered breath testing. 8. Notify the commanding officer/desk officer at the subject member's command to have the subject member transported by a higher-ranking member to the Medical Division or the Personnel Bureau Investigations Unit in an expeditious fashion. 9. Respond to the Medical Division, or the Personnel Bureau Investigations Unit, as appropriate, on the date and time that the subject member was notified to appear. NOTE: All times relating to the testing process will be carefully documented. 10. Advise the subject member that he or she may be tested by a number of different means, such as the PBT device and the Intoxilyzer. 11. Direct the subject member to prepare an Ordered Breath Test Questionnaire form. a. The Ordered Breath Test Questionnaire form will be retained in the subject member's file maintained at the Personnel Bureau Investigations Unit office. As some of the information contained on the form may be considered medical records under the Americans with Disabilites Act, the form must be handled and maintained in a confidential manner. NOTE: If the subject member answers "YES" to either of the following two questions listed on the form: "Do you require medical treatment now?" or " Do you desire an ambulance to be summoned?" or is unable to answer these questions, the supervisor concerned shall summon an ambulance. 12. Conduct a breath test using a PBT device in a private setting at the Medical Division's Lefrak City facility or at the Personnel Bureau Investigations Unit at 49-51 Chambers Street, 14th floor. NOTE: The supervisor concerned must observe the subject member for at least 20 minutes prior to initiating the test to ensure that the subject member does not engage in any activity that may skew the test results (e.g., eating, drinking, smoking, vomiting, regurgitating, belching). 13. If the reading on the PBT device is less than .02 and there are no related indicia of intoxication (see Additional Data Statement for a listing), no further action is required at this time. a. If the reading on the PBT device is less than .02 and the subject member appears to be intoxicated (i.e., there are related indicia of intoxication) or under the influence of a prohibited substance, the supervisor concerned will confer with the Commanding Officer, Personnel Bureau Investigations Unit who will notify the Office of the Chief of Personnel in regard to obtaining authorization to test the subject member using the Intoxilyzer, or to conduct a drug screening test for cause under the procedures contained in P.G. 205-30, "Administration of Drug Screening Test for Cause." 14. If the reading on the PBT device is .02 or greater, immediately notify Highway I.D.T.U. to respond to the Medical Division to test the subject member using the Intoxilyzer that is maintained at the Medical Division facility. (It should be emphasized that the Intoxilyzer test at the Medical Division will be conducted by an I.D.T.U. technician.) In the event that alternate arrangements must be made, the Intoxilyzer test will be conducted at the closest I.D.T.U. facility. In such a case, the subject member will not be permitted to transport him/herself to the I.D.T.U. facility. Depending upon circumstances, the supervisor concerned may be aided by one or more members of the service in transporting the subject member to the I.D.T.U. facility. a. The I.D.T.U. technician will utilize a specially developed form, entitled Ordered Breath Test Instruction Sheet to interview the subject member and a specially developed checklist, entitled Intoxilyzer Operational Checklist to conduct the test. The entire Intoxilyzer testing process, including the reading of the test results, will be videotaped by a member of the Highway District. In cases in which there is an Intoxilyzer reading of .02 or greater, a copy of the videotape will be provided to the supervisor concerned, who will follow all applicable Departmental procedures to safeguard the tape for evidentiary purposes. NOTE: The I.D.T.U. technician conducting the test must observe the subject member for at least 20 minutes prior to initiating the test to ensure that the member does not engage in any activities that may skew the test results. b. The supervisor concerned shall carefully record and then take into account the Intoxilyzer reading along with any other related indicia of intoxication in coming to a conclusion that the subject member is apparently unfit for duty. As part of this process, the supervisor should use a blood alcohol level of .04 or greater on the Intoxilyzer as the threshold for a presumption of lack of fitness for duty. c. If the supervisor concerned has reason to conclude that the subject member is apparently unfit for duty, the supervisor will notify the Commanding Officer, Personnel Bureau Investigations Unit, who will notify the Office of the Chief of Personnel. In addition, the supervisor will be guided by the procedures contained in P.G. 206-12, "Removal of Firearms from Intoxicated Uniformed Member of the Service." NOTE: If the subject member is determined to be unfit for duty, the I.A.B. Command Center will be notified and a log number will be obtained. OFF DUTY ORDERED BREATH TESTING (Steps 15-23) NOTE: Home visits related to off duty ordered breath testing will be conducted in a similar fashion to home visits by the Medical Division to uniformed members of the service who are on sick leave. Breath testing of off duty members of the service will normally be conducted from 0900 hours to 2100 hours, including weekends. However, subject members who are tested off duty will be entitled to overtime compensation. 15. After being designated to conduct an ordered breath test of an off duty member of the service, ascertain whether the subject member is on sick report. If the member is not on sick report, respond to the member's residence to conduct to breath test. (If the member is on sick report, the breath test will not be conducted until the member is no longer on sick report.) NOTE: The designated supervisor will be accompanied by at least one other supervisor/member of the Personnel Bureau Investigations Unit or the Medical Division's Absence Control & Investigations Unit. a. If the subject member does not answer the door, leave a Notification Card under the door with instructions that the member is to immediately contact you upon his/her receipt of the card. NOTE: All times relating to the testing process will be carefully documented. b. Attempt to contact the subject member number via alternative means (telephone numbers that have been provided to the Department, cellular phones, beeper, etc.) if necessary. NOTE: Attempts by the subject member to evade contact may result in further disciplinary action and possible termination. c. Once the subject member is located, direct the member to remain at his/her current location pending your arrival. The subject member will neither be requested nor permitted to drive until the breath testing has been completed and the member's fitness for duty has been determined. 16. Once personal contact is made with the subject member on an initial visit, request member's identification card in order to confirm member's identity. 17. Proceed to conduct the testing process in a private setting (e.g., subject member's residence, Department auto being used by the supervisor concerned) in a dignified, respectful fashion. The subject member's input should be solicited in regard to where he/she would feel most comfortable having the test conducted. 18.Advise the subject member that he or she may be tested by a number of different means, such as the PBT device and the Intoxilyzer. 19. Direct the subject member to prepare an Ordered Breath Test Questionnaire form. a. The Ordered Breath Test Questionnaire form will be retained in the subject member's file maintained at the Personnel Bureau Investigations Unit office. As some of the information contained on the form may be considered medical records under the Americans with Disabilities Act, the form must be handled and maintained in a confidential manner. NOTE: If the subject member answers "YES" to either of the following two questions listed on the form, "Do you desire medical treatment now?" or "Do you desire an ambulance to be summoned?" or is unable to answer these questions, the supervisor concerned shall summon an ambulance. 20. Conduct a breath test using a PBT device. NOTE: The supervisor concerned must observe the subject member for at least 20 minutes prior to initiating the test to ensure that the subject member does not engage in any activities that may skew the test results (e.g., eating, drinking, smoking, vomiting, regurgitating, belching). 21. If the reading on the PBT device is less than .02 and there are no related indicia of intoxication (see Additional Data Statement for a listing) no further action is required at this time. a. If the reading on the PBT device is less than .02 and the subject members appears to be intoxicated (i.e., there are related indicia of intoxication) or under the influence of a prohibited substance, the supervisor concerned will confer with the Commanding Officer, Personnel Bureau Investigations Unit who will notify the Office of the Chief of Personnel in regard to obtaining authorization to test the subject member using the Intoxilyzer, or to conduct a drug screening test for cause under the procedures contained in P.G. 205-30, "Administration of Drug Screening Test for Cause." 22. If the reading on the PBT devise is .02 or above, the subject member will be transported expeditiously to the Medical Division's Lefrak City facility and an immediate notification will be made to Highway I.D.T.U. to respond to the Medical Division to test the subject member using the Intoxilyzer that is maintained at the Medical Division. (It should be emphasized that the Intoxilyzer test at the Medical Division will be conducted by an I.D.T.U. technician.) In the event that alternate arrangements must be made, the Intoxilyzer test will be conducted at the closest I.D.T.U. facility. a. The I.D.T.U. technician will utilize a specially developed form, entitled Ordered Breath Test Instruction Sheet to interview the subject member and a specially developed checklist, entitled Intoxilyzer Operational Checklist to conduct the test. The entire Intoxilyzer testing process, including the reading of the test results, will be videotaped by a member of the Highway District. In cases in which there is an Intoxilyzer reading of .02 or greater, a copy of the videotape will be provided to the supervisor concerned, who will follow all applicable Departmental procedures to safeguard the tape for evidentiary purposes. NOTE: The I.D.T.U. technician conducting the test must observe the subject member for at least 20 minutes prior to initiating the test to ensure that the member does not engage in any activities that may skew the test results. b. The supervisor concerned shall carefully record and then take into account the Intoxilyzer reading along with any other related indicia of intoxication in coming to a conclusion that the subject member is apparently unfit for duty. As part of this process, the supervisor should use a blood alcohol level of .04 or greater on the Intoxilyzer as the threshold for a presumption of lack of fitness for duty. c. If the supervisor concerned has reason to conclude that the subject member is apparently unfit for duty, the supervisor will notify the Commanding Officer, Personnel Bureau Investigations Unit, who will notify the Office of the Chief of Personnel. In addition, the supervisor will be guided by the procedures contained in P.G. 206-12, "Removal of Firearms from Intoxicated Uniformed Member of the Service." NOTE: If the subject member is determined to be unfit for duty, the I.A.B. Command Center will be notified and a log number will be obtained. 23. Ensure that the subject member is transported back to his/her residence after all testing, administrative and related matters have been completed. ADDITIONAL DATA Since most members of the service who will be subject to the provisions of this procedure will be on full duty status with no driving restrictions, the Performance Monitoring Unit will institute procedures to remind the concerned members' Commanding Officers of the importance of remaining particularly alert to the members' fitness for duty during the members' dismissal probation period or the agreed upon period during which the member will be subject to ordered breath testing. INDICIA OF INTOXICATION Face to face observation and interaction with the subject member allows the supervisor concerned to use his or her senses to obtain "evidence" of alcohol intoxication: * The sense of sight * The sense of hearing * The sense of smell SIGHT * Bloodshot eyes * Flushed face * Soiled, mussed, disarrayed clothing * Fumbling (e.g., dropping paperwork, keys etc.) * The presence of alcohol containers * Physical coordination (e.g., swaying, staggering, unsteady, falling, wobbling, sagging knees, using a wall or furniture as a prop) * Unusual actions (e.g., hiccupping, belching, vomiting, fighting, sleepy, urinating) HEARING * Slurred speech * Admission of drinking * Inconsistent responses * Incoherent * Abusive language, profanity * Antagonistic * Unusual statements SMELL * Odor of alcohol on breath * "Cover Up" odors (e.g., breath spray, mints) * Open alcoholic beverages * Unusual odors NOTE: These traits are illustrative; this is not meant to be a complete list of indicia. RELATED PROCEDURES Fitness for Duty (P.G. 203-04) Administration of Drug Screening Tests for Cause (P.G. 205-30) Removal of Firearms from Intoxicated Uniformed Member of the Service (P.G. 206-12) FORMS AND REPORTS Ordered Breath Test Questionnaire (Medical Division Form) Notification Card (Medical Division Form) Intoxilyzer Operational Checklist (Medical Division Form) Ordered Breath Test Instruction Sheet (Medical Division Form) P.G. 203-24 Personal Information Via Department Intranet Date Effective: 08/01/13 PURPOSE To provide members of the service the ability to review, confirm and update their personal information as necessary, as well as, annually during evaluation period. PROCEDURE When a member of the service utilizes the Personnel Data Forms Intranet System via the Department Intranet to view and/or update their personal information. DEFINITION PERSONAL INFORMATION - Data pertaining to a member of the service (uniformed or civilian), regarding name, address, social condition, emergency notification information, and any other relevant information. MEMBER OF THE SERVICE 1. Provide accurate and current personal information to the Department immediately upon change. 2. Access the "Personal Data Forms" menu when: a. A change in personal information occurs b. Annually, during evaluation period to review and, if necessary, update personal information c. At anytime in order to review the accuracy of personal information, particularly if member believes it to be compromised. 3. Select one of the following two forms from the "Personal Data Forms" menu: a. Name, Residence and Social Condition b. Emergency Notification. NOTE: If one or both of the menu options are not displayed, this indicates that a change has already been submitted and has not yet been approved or rejected. Additional submissions are not permitted until previous ones have been signed, submitted and processed by the Personnel Data Unit. 4. Verify the information appearing on the screen. 5. View the update screen and type any new information into the appropriate fields. NOTE: Name changes must include supporting documentation (i.e., marriage certificate, court orders, etc.). Members of the service must adhere to the Department residency requirements. 6. Confirm the requested changes online. 7. Print and sign two hard copies. 8. Submit both signed hard copies to the operations coordinator and provide supporting documentation for change of name, and/or social condition requests. 9. Login to the online "Personnel Data Forms" menu one month after submitting forms to the operations coordinator to verify updates were accepted or rejected by the Personnel Data Unit and notify the operations coordinator of results. OPERATIONS COORDINATOR 10. Ensure all members of the service review and update their personal information as follows: a. Whenever a change in their personal information occurs b. Annually, during evaluation periods c. Any other time deemed necessary. 11. Ensure that supporting documentation accompanies change of name and/or social condition requests. 12. Assign command serial number to requests. 13. Sign both hard copies and ensure copies are signed by the submitting member of the service. 14. Update all pertinent command records (i.e., FORCE RECORD [PD406- 4131], etc.) and file one of the submitted hard copies in the member's personal folder. 15. Forward remaining signed hard copy to the Commanding Officer, Personnel Orders Section - Personnel Data Unit, with supporting documentation for name changes. 16. Maintain a list of all previous address and emergency notification changes as well as current personal information of members of the command. 17. Access the Personnel mainframe application PEPR or PEMU, one month after submission of form to verify if the member's information has been changed in System by the Personnel Data Unit. 18. Contact the Personnel Data Unit if changes have not been made after one month, to verify if submitting member's updated form(s) have been received. PERSONNEL ORDERS SECTION 19. Verify changes in the System and accept or reject changes. 20. Create "rejection letter" if change is rejected, including reason(s) and forward to commanding officer of submitting member. COMMANDING OFFICER 21. Ensure member of the service resubmits information via the Personnel Data Forms Intranet System and submits necessary forms to the operations coordinator for subsequent forwarding to Personnel Data Unit with appropriate captions (e.g., serial numbers, etc.) completed and proper documents, if necessary. NOTE: Name, residence, social condition, or emergency notification changes submitted via the Personnel Data Forms Intranet System will not update the Personnel System until accepted by the Personnel Orders Section. Forms not received by the Personnel Data Unit within ninety days from the date of online entry will be purged from the System and a new submission must be prepared. ADDITIONAL DATA Members of the service officially assigned in an undercover capacity will be unable to access the System and must notify their commanding officer of any change to their personal information. The commanding officer of the undercover will forward a Typed Letterhead with requested changes to the Commanding Officer, Personnel Orders Section. Members of the service may view/update foreign language proficiency or other skills and review or add country of birth by selecting the "View and Update Skills Information and Languages/Review and Add Country of Birth" link and follow the instructions provided. Members of the service may review/update their education information as necessary by selecting the "Education Tracking System" link under "Personnel Data Forms" and forward all necessary documents to the Education Tracking Unit. BENEFICIARY CHANGES Uniformed members of the service must file necessary forms at the Police Pension Fund located at 233 Broadway, New York, NY 19th Floor. Civilian members of the service must file necessary forms at the Employee Management Division located at One Police Plaza, New York, NY Room 1014. ADDITIONAL NOTIFICATIONS Health Insurance Section: located at 51 Chambers Street, New York, NY 3rd Floor. Deferred Compensation Plan: located at 40 Rector Street, New York, NY 3rd Floor. Members of the service are reminded that it is in their best interest to notify their respective labor union whenever there is a change in name, residence or social condition. RELATED PROCEDURES "Residence Requirements" (P.G. 203-18) FORMS AND REPORTS FORCE RECORD (PD406-1431) Typed Letterhead P.G. 203-25 Department Policy Prohibiting Racial Profiling Date Effective: 08-01-13 1. In order to reemphasize existing law and Department regulations, an updated Department policy is hereby published entitled, "Department Policy Prohibiting Racial Profiling." 2. Members of the service are reminded that the New York City Police Department is committed both to the impartial enforcement of law and the protection of Constitutional rights. To reinforce these commitments and to endure all members of the service engage only in constitutionally sound policing practices, the Department prohibits the use of racial profiling in law enforcement actions. Racial profiling is defined as the use of race, color, ethnicity, or national origin as the determinative factor for initiating police action. Members are also reminded that the use of other characteristics such as religion, age, gender, gender identity, or sexual orientation as the determinative factor for taking police action is prohibited. 3. All police-initiated enforcement actions, including, but not limited to, arrests, stop and questions, and motor vehicle stops, will be based on the standards required by the Fourth Amendment of the U.S. Constitution, Article I, Section 12 of the New York State Constitution, Administrative Code section 14-151, and other applicable laws. The law confers on police officers the authority to stop, question, and if warranted, frisk an individual whom a member reasonably suspects has committed, is committing, or is about to commit a felony or Penal Law misdemeanor. Members must be able to articulate the factors which led them to take enforcement action, in particular those factors leading to reasonable suspicion for a stop and question and any subsequent frisk, or probable cause for an arrest. 4. Responding to suspected criminal behavior by stopping and questioning an individual and, if warranted, conducting a frisk is part of a police officer's job and plays a critical role in reducing and preventing crime. Conducting stops in an unbiased manner fosters and strengthens relationships between police officers and members of the community, and inspires confidence in, and support for, policing efforts. 5. While performing their duties, members are reminded that it is not racial profiling to take into account the reported race, color, ethnicity, national origin, religion, age, gender, gender identity, or sexual orientation of a specific subject in the same way the member would use pedigree information, e.g., height, weight, age, etc., about specific subjects. 6. Commanding officers will continue to ensure that self-inspections are conducted within their commands regarding stop, question, and frisk activity. The Quality Assurance Division will continue to monitor compliance with self-inspection protocols in all of its command inspections and will continue to audit stop, question, and frisk activity Department-wide. The proper exercise of the authority to conduct stop, question, and frisk activity will continue to be included in CompStat review. 7. Operations Order 11, series 2002, is REVOKED. P.G. 203-26 Extended Leave Of Absence - Educational Fellowship/Scholarship Notification Of Intent Date Effective: 08-01-13 PURPOSE To ensure that the Department is notified in a timely manner when a member of the Service (uniformed or civilian) intends to apply for a specified opportunity that will require an extended leave of absence. DEFINTION ELIGIBILITY - A member of the service (uniformed or civilian) is not eligible to apply for any extended leave of absence with pay for thirty consecutive days or more for an educational fellowship/scholarship or similar opportunity after previously receiving such a leave during his/her career. PROCEDURE When a member of the service (uniformed or civilian) intends to apply for a non-Department sponsored educational fellowship/scholarship (e.g., White House Fellowship, Fulbright Award, Kennedy School of Government Scholarship, etc.) or similar opportunity (e.g., United Nations Civilian Policing position [UNCIVPOL], etc.) that will result in a request for an extended leave of absence (paid or unpaid) for thirty consecutive days of more. MEMBER OF SERVICE 1. Prepare a "Request to Attend/Participate," on Typed Letterhead, detailing the specific nature of the educational fellowship/scholarship (e.g., anticipated leave requirements, deadline for submission of application, etc.). 2. Forward the "Request to Attend/Participate" to the Chief of Personnel, through channels. NOTE: Final approval of the "Request to Attend/Participate" must be obtained prior to applying for the non-Department sponsored educational fellowship/scholarship. Failure to do so will result in being denied the leave of absence. CHIEF OF PERSONNEL 3. Forward an acknowledgement of receipt on Typed Letterhead to the requesting member of the service indicating that the "Request to Attend/Participate" has been received and is being processed. 4. Forward the "Request to Attend/Participate," with endorsements, to the Office of the Police Commissioner for final approval. a. Forward a copy of the "Request to Attend/Participate," with endorsements, to the Commanding Officer, Office of Management Analysis and Planning for informational purposes. OFFICE OF THE POLICE COMMISSIONER 5. Forward, through channels, approval/disapproval "Request to Attend/Participate," to the member of service making the request. ADDITIONAL DATA Members of the service are urged to submit the "Request to Attend/Participate" well in advance of any application deadline for a non-Departmental sponsored educational fellowship/scholarship in order to allow ample time for the approval process and the forwarding of any necessary documentation. Approval of the "request to Attend/Participate" is independent of the individual's eligibility and selection criteria for the specific educational fellowship/scholarship being sought by the member of the service. It is the policy of the Department to encourage its members to pursue educational opportunities in furtherance of their police careers. Uniforms and Equipment P.G. 204-01 General Uniform Regulations Date Effective: 08/01/13 UNIFORMS 1. Maintain at own expense articles prescribed for rank, position or duty. NOTE: Recruits wear uniform only after inspected and stamped by Police Academy. 2. Do not modify prescribed uniforms in any manner except as specifically authorized by higher authority. 3. Do not wear distinguishable items of the uniform with civilian clothes. 4. Do not wear uniform, shield or display IDENTIFICATION CARD (PD 416-091) while participating in a rally, demonstration or other public assemblage except as authorized by the Department. 5. Wear uniform of the day. Commanding officers or unit commanders may authorized a specialized uniform only after requesting and receiving approval from the Police Commissioner's Uniform and Equipment Review Committee. Submit requests to the Office of the Chief of Department: Att: Uniform and Equipment Sub-Committee. a. Wear uniform when directed, if assigned to the Detective Bureau or to duty in civilian clothes. NOTE: Detectives, when assigned to duty in uniform, will wear prescribed police officer's uniform with gold cap device and appropriate collar insignia. 6. While performing duty indoors, in uniform, wear regulation seasonal shirt and trousers. 7. Wear the prescribed uniform, if regularly assigned to duty in uniform, when appearing in court, the Trial Room or at the office of a ranking officer above the rank of captain, except if off duty, on sick report, or if excused by competent authority. 8. Purchase regulation service holsters, caps, raingear and all items of uniform which are sewn or attached to the uniform, from the Equipment Section or other authorized supplier. 9. Necessary uniform changes, other than those listed in step 10, will be made as directed by the lieutenant platoon commander/counterpart. a. The lieutenant platoon commander/counterpart shall authorize the removal, if desired, of the duty jacket/summer blouse whenever the temperature for a specific tour is expected to rise above 65 degrees Fahrenheit. b. The lieutenant platoon commander/counterpart shall authorize the wearing of the optional short sleeve shirt whenever the temperature for a specific tour is expected to rise above 70 degrees Fahrenheit. 10. Remove summer blouse/duty jacket while performing duty in uniform between May 1 and November 1, if desired. a. The following OPTIONAL uniform items may be worn between June 1 and October 1: (1) Short sleeve shirt (without tie), and; (2) Summer cap. NOTE: During the period of June 1 to October 1, police officers and detectives performing subway patrol duties in uniform shall have the option of wearing the uniform cap. Transit Bureau police officers and detectives who are assigned to subway patrol duty for their entire tour also have the option of wearing the summer uniform described below between June 1 and October 1. a. Regulation NYPD blue short sleeve uniform shirt. b. Cargo style shorts, as available in the Equipment Section. Shorts will be hemmed to a length to the top of the knee. c. Black leather uniform athletic shoe, lace-up style ONLY, with no visible logos or markings. Either high-cut or low-cut style is authorized, however, the shoe should have no more than five shoelace grommets/attachments. d. Black cotton crew socks, worn fully extended, length at least three inches but no more than five inches above outermost anklebone. Socks must be visible. 11. Do not wear gloves or suspenders when summer blouse is removed. 12. Wear authorized breast bars at all times while in uniform unless directed otherwise as in step 13 below. 13. Wear medals, decorations and authorized insignia at Department meetings, ceremonies and while marching in parades. (Do not wear a medal and corresponding breast bar at the same time). P.G. 204-02 Uniform Classifications Date Effective: 08-01-13 DRESS UNIFORM To be worn for ceremonies, promotions, funerals, etc.: SUMMER (CLASS A) 8 POINT CAP SUMMER BLOUSE LONG SLEEVE SHIRT & TIE DRESS TROUSERS SHINY (HIGH GLOSS) SHOES WHITE GLOVES DUTY BELT (OPTIONAL) WINTER (CLASS A) 8 POINT CAP WINTER COAT LONG SLEEVE SHIRT & TIE DRESS TROUSERS SHINY (HIGH GLOSS) SHOES WHITE GLOVES DUTY BELT (OPTIONAL) NOTE: A white shirt shall be worn by those uniformed members attending the funeral of a member assigned to the same command. PATROL UNIFORM To be worn when on patrol: SUMMER (CLASS B) 8 POINT CAP LONG SLEEVE SHIRT & TIE DUTY TROUSERS BLACK SHOES BLACK BOOTS (OPTIONAL) V-NECK SWEATER (OPTIONAL) BLACK BOOTS (OPTIONAL) WINTER (CLASS B) 8 POINT CAP WAIST/HIP LENGTH DUTY JACKET LONG SLEEVE SHIRT AND TIE OR TURTLE NECK SHIRT DUTY TROUSERS BLACK SHOES BLACK GLOVES SUMMER (CLASS C) 8 POINT CAP SHORT SLEEVE SHIRT (NO TIE) DUTY TROUSERS BLACK SHOES BLACK BOOTS (OPTIONAL) ADMINISTRATIVE UNIFORM To be worn when performing administrative duties in uniform: SUMMER (CLASS D) (NO CAP) SHORT SLEEVE SHIRT (NO TIE) DUTY TROUSERS BLACK SHOES DUTY BELT (OPTIONAL) WINTER (CLASS D) (NO CAP) LONG SLEEVE SHIRT & TIE DUTY TROUSERS BLACK SHOES DUTY BELT (OPTIONAL) V-NECK SWEATER (OPTIONAL) NOTE: Uniform is to be assigned by unit/lieutenant platoon commander. In the event of a detail, etc., uniform is to be assigned by the detail commander. Detail personnel will be advised of the uniform when assigned, but will have appropriate uniform available for inclement weather. P.G. 204-03 Uniforms Date Effective: 08-01-13 DUTY UNIFORM UNIFORMS MUST CONFORM WITH EQUIPMENT SECTION SAMPLES POLICE OFFICER CAP Navy blue, black strap and chrome cap device bearing shield number. DUTY JACKET Waist length, navy blue, nylon, with zip-out Thinsulate(R) lining, knit wristlets and waistband, and zip side vents, OR Hip length, navy blue, nylon, with zip-out Thinsulate(R) lining, concealed zipper front, gilt buttons, and zip side vents. Either of these jackets may be worn by ALL uniformed members of the service performing patrol duty in uniform. NYLON WINDBREAKER JACKET Navy blue 100% nylon, sport collar style jacket with front snap closures. The front and back of the jacket must each be divided into two parts by one inch reflective tape. The jacket will have three inch high reflective letters "POLICE" affixed on the front, 1/4 inch below the reflective tape. On the rear of the jacket, the letters "NYPD" shall be 3 1/2 inches tall and the letters "POLICE" (affixed 1/2 inch below "NYPD"), shall be two inches high, both made of a reflective material, one inch above the reflective tape. A two inch reflective tape shall be set on the center of both sleeves. The Department logo (patch) will be affixed to each sleeve, one inch below the shoulder seam, on top of the reflective tape. NAMEPLATE Worn on outermost garment, centered 1/4 inch below shield. (Do not wear nameplate on raincoat). Nameplates for police officers are white metal; ranking officers and detectives will wear yellow metal. SHIRT NYPD dark blue, military type, polyester/rayon with appropriate service stripes/hash marks, similar to sample sold at the Equipment Section. Authorized shirts will have a label affixed on the inside of the shirt between the fourth and fifth buttons that states: "Approved NYPD, Certification #". TIE Navy blue, breakaway type. TIE CLASP Regulation NYPD. BELT Black leather, 1 1/2 inches wide with gunmetal buckle. DUTY TROUSERS Navy blue, (polyester and wool) with 1/2 inch braid attached. SHOES/SOCKS Black, plain, smooth leather with flat soles and raised heels, or black high gloss shoes, except that material other than leather or high gloss plastic may be used for portion of ankle support shoe that is not visible below the pants leg. In addition, shoes commonly referred to as the "secret sneaker" are also permissible, provided that they generally conform in appearance to the regular duty shoe. These shoes will be on display at the Equipment Section. BLACK LEATHER JOGGING SHOES, SNEAKERS OR SHOES WITH VISIBLE LETTERING ARE NOT AUTHORIZED WEAR. ONLY black socks will be visible when performing duty in uniform. NOTE: Black, high gloss shoes must be worn at occasions that require the dress uniform as directed by the Chief of Department, such as promotions, ceremonies and funerals. However, the regulation uniform shoe may be worn on occasions that require prolonged standing or walking, such as parades and street fairs. Uniformed members of the service assigned to Emergency Service Unit, Highway District, Harbor, Mounted Unit, etc., will wear appropriate footwear when performing duty in work or specialized uniforms. GLOVES Black Leather Spectra-lined; Worn at all times with duty jacket or winter coat, except when impractical, when safety may be jeopardized, or while in Department vehicle. White cotton Worn between 0800 and 1800 hours. NOT to be worn with duty jacket or while carrying baton. Traffic Duty Plain white wool (not required to be worn while performing RMP duty but must be available for use). INCLEMENT WEATHER GEAR Regulation black rubber reflective or reversible black/orange raincoat with reversible black or orange cap cover, hood and leggings. Shield will be fastened on the raincoat over left breast, and cap device on the cap cover. (Wearing of leggings, cap cover, hood, solid black overshoes or solid black rubber boots is optional). DRESS UNIFORM Winter- Winter coat (navy blue fingertip length coat with regulation gilt [gold] buttons), uniform shirt and tie, OR Summer - Summer blouse (navy blue with regulation gilt [gold] buttons and shoulder straps) worn with regulation uniform shirt and tie, OR blue long-sleeve regulation shirt with tie and tie clasp, when directed. Trousers Navy blue serge with appropriate braid on trouser leg. Shoes Black, high gloss (manufactured by using the poromeric or clarino process) lace type oxford shoes with flat soles and raised rubber heels, black socks. Gloves Black leather/white cotton, as appropriate. Cap Navy blue, black strap, chrome cap device. NOTE: Ranking officers will conform to the dress uniform described above, as appropriate for their rank. Captains and above may wear the optional all weather dress uniform coat in place of the winter coat. The bureau chief concerned will make appropriate seasonal changes in dress uniform. Pregnant uniformed members of the service, who are in their twentieth week of gestation or earlier, if necessary, will wear business attire and display their IDENTIFICATION CARD (PD416-091) on their outermost garment. Proper business attire will conform with that worn to other official appearances, such as post-arraignment court appearances, professional career interview, etc. DETECTIVE Uniform is the same as required for police officer, EXCEPT: CAP Gilt (gold) cap device (without shield number). SERGEANT Uniform is the same as required for police officer, EXCEPT: CAP Gilt (gold) cap device (without shield number) and gilt (gold) chinstrap. TROUSERS 1 1/4 inch braid attached. SHIRT, LONG SLEEVE Dark blue, long sleeve uniform shirt with epaulettes, chevrons, two patches and appropriate service stripes/hash marks. Uniform long sleeve shirts may be worn with or without outer garment, when authorized, and will always be worn with regulation tie, tie clasp, and command numerals, as required, on collar. SHIRT, SHORT SLEEVE (OPTIONAL) Dark blue, short sleeve uniform shirt with epaulettes, chevrons, two patches and optional longevity bar may be worn in place of long sleeve uniform shirt, when authorized. Command numerals, as required, will be worn on collar. Regulation tie and tie clasp will not be worn with short sleeve shirt and undershirt will not be exposed at the collar. INSIGNIA OF RANK Three pointed chevrons, worn on sleeves of all outer garments except raingear. LIEUTENANT Uniform is the same as required for sergeant EXCEPT: CAP Frame is covered with black mohair braid. INSIGNIA OF RANK Gilt (gold) bar, worn on: a. Shoulders of duty jacket, summer blouse and winter coat. b. Collar of regulation shirt. WINTER COAT Designated as follows: a. Shoulder straps b. 1 1/4 inch black mohair braid on sleeves c. Three gilt (gold) buttons on cuffs. SUMMER BLOUSE Designated as follows: a. 1 1/4 inch black mohair braid on sleeves b. Three gilt (gold) buttons on cuffs. SHIRT, LONG SLEEVE White, long sleeve uniform shirt without chevrons. Miniature insignia of rank will be worn on collar. SHIRT, SHORT SLEEVE (OPTIONAL) White, short sleeve uniform shirt without chevrons. Miniature insignia of rank will be worn on collar. NOTE: When attending meetings, conferences, ceremonies, and similar events, long sleeve uniform shirt and tie and/or summer blouse, as appropriate, will be worn. CAPTAIN Uniform is the same as required for lieutenant, EXCEPT: ALL WEATHER UNIFORM COAT OPTIONAL - Navy blue, double breasted trench coat. Authorized for use by captains and above. Garment must be converted for uniform use by adding insignia on the shoulder straps, two Police Department patches on the upper right and left sleeves, replace the eight buttons with eight large NYPD yellow metal buttons, and add two small yellow metal buttons to the shoulder straps. INSIGNIA OF RANK Two gilt (gold) bars, worn in the same manner as lieutenant's insignia. WINTER BLOUSE OPTIONAL - Navy blue, similar in appearance to the summer blouse; made of heavier material; affords access to service revolver and other items worn on belt; may be used with a zip-in "Thinsulate" lining. NOTE: Captains and above will not affix service stripes/hash marks on their uniforms. DEPUTY INSPECTOR Uniform is the same as required for captain, EXCEPT: INSIGNIA OF RANK Gilt (gold) oak leaf, to be worn with oak leaf stems pointing away from individual wearing them to the left and right. CAP Frame covered with black velvet. INSPECTOR Uniform is same as required for deputy inspector, EXCEPT: INSIGNIA OF RANK Gilt (gold) spread eagle. DEPUTY CHIEF Uniform is same as required for inspector, EXCEPT: INSIGNIA OF RANK One gilt (gold) star worn in the same manner as inspector's insignia. CAP Gilt (gold) spray design on cap visor. UNIFORM COAT Sleeves have two bands of black mohair braid. SUMMER BLOUSE Sleeves have two bands of black mohair braid. ASSISTANT CHIEF Uniform is same as deputy chief, EXCEPT: INSIGNIA OF RANK Two gilt (gold) stars, worn in same manner as deputy chief. BUREAU CHIEFS Chief of Patrol, Chief of Housing, Chief of Transit, Chief of Detectives, Chief of Organized Crime Control, Chief of Personnel and Chief of Internal Affairs. Uniform is same as assistant chief, EXCEPT: INSIGNIA OF RANK Three gilt (gold) stars worn in the same manner as assistant chief's insignia. CHIEF OF DEPARTMENT Uniform is same as required for assistant chief, EXCEPT: INSIGNIA OF RANK Four gilt (gold) stars worn in the same manner as assistant chief's insignia. NOTE: Uniformed members of the service assigned to specialized units, i.e., Mounted, Harbor, Highway, Emergency Service, Aviation, etc., will wear the prescribed duty (work) uniform as approved by the Uniform Committee. RANK AND INSIGNIA CHIEF OF DEPARTMENT (Figure 1) SHIELD (Figure 2) RANK AND INSIGNIA BUREAU CHIEF (Figure 3) SHIELD (Figure 4) RANK AND INSIGNIA ASSISTANT CHIEF (Figure 5) SHIELD (Figure 6) RANK AND INSIGNIA DEPUTY CHIEF (Figure 7) SHIELD (Figure 8) RANK AND INSIGNIA INSPECTOR (Figure 9) SHIELD (Figure 10) RANK AND INSIGNIA DEPUTY INSPECTOR (Figure 11) SHIELD (Figure 12) RANK AND INSIGNIA CAPTAIN (Figure 13) SHIELD (Figure 14) RANK AND INSIGNIA LIEUTENANT (Figure 15) SHIELD (Figure 16) RANK AND INSIGNIA SERGEANT (Figure 17) SHIELD (Figure 18) RANK AND INSIGNIA DETECTIVE No Insignia SHIELD (Figure 19) RANK AND INSIGNIA POLICE OFFICER No Insignia SHIELD (Figure 20) P.G. 204-04 Optional Uniform Items Date Effective: 08/01/13 OPTIONAL UNIFORM ITEMS MAY BE WORN AT THE DISCRETION OF UNIFORMED MEMBERS OF THE SERVICE, WHEN AUTHORIZED BY THE BUREAU CHIEF CONCERNED. AMMO POUCHES Twin pocket cartridge case with twelve cartridges only for members armed with revolver as a service weapon. BLOUSE Navy blue, lightweight, tropical worsted conforming to design of regulation summer blouse. Authorized for ranking officers. SUMMER CAP Navy blue, tropical worsted, with lightweight perforated frame, for all uniformed members of the service ONLY during summer months. EAR MUFFS Black, headband type. NAMEPLATE HOLDER Black leather designed to affix shield and nameplate. SHIRT, SHORT SLEEVE Navy blue, affixed with a label located on the inside of the shirt between the fourth (4th) and fifth (5th) buttons that states "Approved N.Y.C.P.D. Certification #." May be worn by uniformed members below the rank of sergeant in place of regulation long sleeve uniform shirt when authorized. Tie may not be worn with this shirt and undershirt MUST NOT be exposed at collar or sleeves. GOLF TYPE SHIRT Navy blue pullover, placket front shirt constructed of one hundred percent (100%) cotton knit cloth; shield patch affixed to the left side of chest; name/shield number patch affixed to the right side of chest; letters "NYPD" printed across the back and PD patches on both sleeves. Authorized for wear by members of the service assigned to the Harbor Unit or to precinct bicycle patrol duty and other members as authorized by the Police Commissioner, as part of the summer uniform. A name/shield patch will be sewn on the right side of each shirt purchased and will be ordered through the Equipment Section. NOTE: The golf shirt will be used as an outer garment when a short sleeve shirt is authorized and is not to be worn with the duty jacket. TROUSERS, SUMMER Navy blue, lightweight, tropical worsted - may be worn by ALL uniformed members of the service. TROUSERS, WINTER Navy blue whipcord - may be worn by ALL uniformed members of the service. [I.O. 47 s 03] NYPD PATROL TACTICAL PANTS NYPD Patrol Tactical Pants may be worn by ALL ranks of uniformed members of the service on patrol, during court appearances and details, and by members permanently or temporarily assigned to headquarters security. [I.O. 7 s 03] NOTE: NYPD Patrol Tactical Pants are not authorized for members of the service performing any assignment other than patrol, i.e. recruit level training, administrative duties (desk, T/S or borough commands) or members assigned to Police Headquarters. Members of the service will also comply with instructions contained in detail notifications regarding the required uniform of the day. TURTLE NECK SHIRT Navy blue pullover turtle neck shirt constructed of plaited rib knit cloth; N.Y.P.D. emblem embroidered on the left side of chest; letters "N.Y.P.D." embroidered on the collar. [I.O. 7 s 03] NOTE: The turtle neck shirt shall not be used as an outer garment but may be worn under the duty jacket. It may be worn by members of all ranks when performing duty in uniform. Not to be worn when representing the Department at any function or when attending administrative meetings. If during the course of a tour a member of the service removes the duty jacket, whether due to a change of assignment or other reasons, the regulation shirt and tie shall be worn. WINTER HAT Black soft vinyl with black mouton trimming for use by ALL uniformed members of the service. To be worn only when temperature is expected to fall below 32 degrees Fahrenheit. [I.O. 29 s 06] QUILTED VEST CARRIER Navy blue quilted bullet resistant vest panel carrier may be worn by ALL ranks of uniformed members of the service. It may not be worn as an outermost garment and may only be worn from November 1 to May 1. NOTE: The quilted vest carrier is only authorized for the following Second Chance Monarch Summit bullet resistant vest panel models: MON-IIIA 107121, MON-IIIA FEM 208010, MON-IIIA++ 305020 and MON-IIIA++ FEM 301240 and can ONLY be purchased from the Equipment Section. COLD WEATHER HOOD [I.O. 7 s 03] Black, made of a thin fabric such as Polar-Tec, silk, micro fiber or fleece, which fits close to the head, fully exposing the face and presents a trim appearance, without bulk, when the uniform hat is worn over it. This hood (known as a "balaclava") is authorized for members of all ranks performing patrol duties outdoors. To be worn only when temperature falls below 40 degrees Fahrenheit. NOTE: Hoods made of bulky yarns or double knits and those styles which cover any part of the nose, cheeks or mouth are prohibited. The authorized hood must be worn along with the uniform hat and will never be the outermost head covering. It will never be worn while riding in a Department vehicle. EYEGLASS SAFETY STRAPS Uniformed members of the service who wear glasses and are assigned to enforcement duty are strongly urged to utilize black eyeglass safety straps. [I.O. 2 s 10] TRANSIT OFFICER SAFETY VEST Fluorescent orange with reflective silver trim with the word "POLICE" on the front and back, manufactured with a break away safety feature. To be worn by uniformed members of the service performing duties in areas that are deemed to be hazardous or that may require them to enter roadbeds or track areas within the New York City Transit System. BLACK BOOTS Plain black smooth leather with plain or lugged soles and raised heel. Grommets and laces will be black, and no buckles or hooks will be visible below the pants leg. May be worn by all uniformed members of the service on patrol. [I.O. 41 s 08] NYLON WINDBREAKER JACKETS Navy blue 100% nylon, sport collar style jacket with front snap closures. The front and back of the jacket must each be divided into two parts by one inch reflective tape. The jacket will have three inch high reflective letters "POLICE" affixed on the front, 1/4 inch below the reflective tape. On the rear of the jacket, the letters "NYPD" shall be 3 1/2 inches tall and the letters "POLICE" (affixed 1/2 inch below "NYPD"), shall be two inches high, both made of a reflective material, one inch above the reflective tape. A two inch reflective tape shall be set on the center of both sleeves. The Department logo (patch) will be affixed to each sleeve, one inch below the shoulder seam, on top of the reflective tape. NOTE: Commanding officers wishing to obtain permission for their members to be allowed to wear approved nylon jackets will prepare a Typed Letterhead, addressed to bureau chief/counterpart, through channels, stating reasons for requiring jackets. BASEBALL CAP Navy blue with white letters "NYPD" embroidered on front, worn by on-duty uniformed members of the service performing duty in civilian clothes. V-NECK SWEATER Navy blue, acrylic or wool, waist length, vertical ribbed weave knit sweater with navy blue poly/cotton twill or cordura patch material over elbows, left breast and epaulets. Gold buttons on pointed epaulets. The Department logo (patch) will be affixed to each sleeve. NOTE: The V-neck sweater may be worn as an outer garment with the regulation tie and uniform shirt with command insignia or insignia of rank on collar of the shirt, as appropriate. Sergeants will wear chevrons on sweater sleeves. Members in the rank of lieutenant or above will also display insignia of rank on epaulets. Metal insignia may be worn on epaulets. Alternatively, epaulets with cloth rank insignia may be worn and will be made available at the Equipment Section. The sweater must be tucked inside the trousers. This sweater is approved for all ranks. P.G. 204-05 Purchase And Inspection Of New Uniforms Date Effective: 08/01/13 PURPOSE To control the quality and workmanship of police uniforms. PROCEDURE Upon ordering uniforms at an authorized tailor: UNIFORMED MEMBER OF THE SERVICE 1. Fill out the following forms: a. CERTIFICATION AND ACCEPTANCE OF ORDER FOR UNIFORMS (PD169-061) b. CERTIFICATION AND ACCEPTANCE OF ORDER - INSPECTION REPORT OF EQUIPMENT SECTION (PD169-062) c. EQUIPMENT SECTION INSPECTION REPORT - MANDATORY PROCUREMENT OF UNIFORM (PD169-131). 2. Have the tailor's representative sign forms. 3. Deliver the CERTIFICATION AND ACCEPTANCE OF ORDER FOR UNIFORMS to commanding officer for file. 4. Obtain completed uniform from tailor and bring to Equipment Section for inspection. 5. Obtain EQUIPMENT SECTION INSPECTION REPORT - MANDATORY PROCUREMENT OF UNIFORM form and deliver to commanding officer. COMMANDING OFFICER 6. Compare forms: a. CERTIFICATION AND ACCEPTANCE OF ORDER FOR UNIFORMS, AND b. EQUIPMENT SECTION INSPECTION REPORT - MANDATORY PROCUREMENT OF UNIFORM. 7. Destroy both forms when all ordered uniforms have been inspected. RELATED PROCEDURES Uniform Classifications (P.G. 204-02) Uniforms (P.G. 204-03) FORMS AND REPORTS CERTIFICATION AND ACCEPTANCE OF ORDER FOR UNIFORMS (PD169-061) CERTIFICATION AND ACCEPTANCE OF ORDER - INSPECTION REPORT OF EQUIPMENT SECTION (PD169-062) EQUIPMENT SECTION INSPECTION REPORT - MANDATORY PROCUREMENT OF UNIFORM (PD169-131) P.G. 204-06 Purchase Of Used Uniform Date Effective: 01-01-00 Procedure Deleted [Rev 01-01] P.G. 204-07 Lost Or Damaged Uniform Date Effective: 08-19-13 PURPOSE To reimburse uniformed members of the service for uniforms or equipment damaged or lost in the performance of police duty as well as personal clothing or prescription eyeglasses/contact lenses damaged or lost during extraordinary police action (e.g., pursuit or physical altercation with a suspect, rescues, etc.). PROCEDURE When an article of uniform or equipment is damaged or lost in the performance of police duty or personal clothing or prescription eyeglasses/contact lenses are damaged or lost during extraordinary police action: UNIFORMED MEMBER OF THE SERVICE 1. Prepare report on Typed Letterhead, addressed to the Deputy Commissioner, Management and Budget, within thirty days from the date of incident and state: a. How and when loss or damage occurred b. Date of purchase and cost of article (1) Attach copy of receipt if available. 2. Attach statement of witnesses, if any. 3. Ascertain if article can be repaired. a. Obtain copy of estimated cost for repair, OR b. Copy of statement determining that item is damaged beyond repair. 4. Present damaged article, unrepaired, to the commanding officer with report and appropriate documentation from steps 1 through 3 above. NOTE: Report must be signed and submitted within thirty days by member requesting reimbursement, unless member is incapacitated, in which case, supervisory officer will state so in report, sign and submit within thirty days. COMMANDING OFFICER 5. Investigate and endorse report, including: a. Facts are as stated in application. b. Whether damage or loss was incurred in the performance of police duty, or for personal clothing, occurred during an extraordinary police action. c. Statement that damaged article has been inspected by commanding officer. d. Statement that article is repairable or beyond repair. e. Statement that member was authorized to be attired in civilian clothing at the time of incident, if the request involves personal clothing. f. Recommendation to approve or disapprove request. 6. Forward report to Deputy Commissioner, Management and Budget: a. Direct - if cost of repair or replacement is less than $100. b. Through channels - if cost of repair or replacement is $100 or more. C.O., NEXT HIGHER COMMAND (If applicable) 7. Review report. 8. Indicate recommendation to approve/disapprove request. 9. If approved, forward report through channels to Deputy Commissioner, Management and Budget. DEPUTY COMMISSIONER, MANAGEMENT AND BUDGET 10. Review report and recommendations. FOR ITEMS WHICH CANNOT BE PURCHASED AT THE EQUIPMENT SECTION: 11. Forward report to Director, Audits and Accounts Unit. AUDITS AND ACCOUNTS UNIT 12. Review the report for necessary documentation and required approvals. 13. Determine the reimbursement amount to be paid to the member based upon current cost, less depreciation for age or wear. a. Forward a check to the member of the service who initiated the claim. FOR ITEMS SOLD IN THE EQUIPMENT SECTION: DEPUTY COMMISSIONER, MANAGEMENT AND BUDGET 14. Prepare report on Typed Letterhead stating items authorized to be replaced. 15. Forward report as follows: a. Original to member of the service concerned b. Copy to Equipment Section c. Copy to Audits and Accounts Unit d. Copy to Deputy Commissioner, Management and Budget for file. UNIFORMED MEMBER OF THE SERVICE 16. Upon receipt of report authorizing replacement of lost or damaged uniform or equipment, telephone the Equipment Section to determine whether item(s) is in stock. 17. Present report to Equipment Section personnel and obtain replacement item(s). EQUIPMENT SECTION 18. Issue the authorized item(s) to member concerned. 19. Submit a detailed report to the Director, Audits and Accounts Unit of replacement item(s) disbursed for the previous month, by the fifth (5th ) day of the succeeding month. ADDITIONAL DATA All settlements are non-transferable and MUST be executed within one hundred and eighty (180) days of approval by the Deputy Commissioner, Management and Budget. The Department does not reimburse members of the service for loss of, or damage to, personal articles, e.g., jewelry, rings, bracelets, etc., with the exception of watches. While uniformed members of the service performing patrol duty must be equipped with a serviceable watch, such members should be aware that a maximum of $75.00 has been established as a reasonable amount for reimbursement, if the watch is lost or damaged. Uniformed members of the service may require prescription eyeglasses/contact lenses in order to optimally perform their duties. In those instances where prescription eyeglasses/contact lenses are lost or damaged in the performance of extraordinary police duties, members should be aware that a maximum of $100.00 has been established as a reasonable amount for reimbursement. Uniformed members authorized to perform duty in civilian clothes who sustain damage to their personal clothing in the furtherance of extraordinary police action should be aware that the following limits (in consideration of depreciation) have been established as reasonable for reimbursement. Jacket/Coat $100.00 Suit Jacket $100.00 Dress $100.00 Dress pants $75.00 Footwear $75.00 Skirt $50.00 Other pants (jeans, shorts, etc.) $45.00 Dress shirt/blouse $40.00 Other shirts (sweat shirt, t-shirt, etc.) $20.00 Other As determined by Audits and Accounts Unit RELATED PROCEDURES Collisions - Private Vehicles Authorized For Police Use (P.G. 217-07) Required Firearms/Equipment (P.G. 204-09) Private Vehicles Authorization (A.G. 325-14) FORMS AND REPORTS Typed Letterhead P.G. 204-08 Firearms General Regulations Date Effective: 08/01/13 EQUIPMENT FIREARMS 1. Be armed at all times when in New York City, unless otherwise directed, or except as provided in item 2 below, with: a. Service revolver/pistol or off duty revolver/pistol as specified in P.G. 204-09, "Required Firearms And Equipment." 2. Be unarmed at own discretion while off duty when: a. Possession of firearm, under the circumstances, would unnecessarily create a risk of loss or theft of the firearm, i.e., participation in sporting activities, attendance at beach and pool, etc., OR b. On vacation, OR c. Engaged in authorized off duty employment, OR d. Engaged in any activity of a nature whereby it would be advisable NOT to carry a firearm, OR [REV 01-03] e. There is a likelihood that member will be consuming alcoholic intoxicants. NOTE: In those instances in which an off duty uniformed member is required to carry a firearm, the member concerned MUST CARRY either the regulation service revolver or pistol, or an authorized off duty revolver or pistol. A uniformed member who performs undercover duty and who has been authorized to carry a special weapon (see A.G. 305-05, "Authorization for Special Weapons") is permitted to carry the special weapon in lieu of the regulation firearms specified in P.G. 204-09 while off duty. The carrying of these firearms while off duty applies within the City and State of New York and also in those states outside New York State which permit visiting police officers to carry firearms within their state boundaries by virtue of their status as police officers. 3. Record all revolvers and pistols on FORCE RECORD (PD406-143). a. Service revolvers/pistols, and off duty revolvers/pistols must conform to the specifications and standards of the Firearms and Tactics Section, Police Academy. 4. Do not modify revolvers or pistols without written permission of the Commanding Officer, Firearms and Tactics Section. a. Modifications permitted will be entered on FORCE RECORD. 5. Have service revolvers/pistols, and off duty revolvers/pistols not purchased at the Equipment Section inspected and tested by a Firearms and Tactics Section gunsmith prior to use. 6. Carry handguns (gun collections, etc.), other than service and off duty guns, only while enroute to or from practice range or similar activity. NOTE: When carrying such weapons, member must be armed with an authorized on duty or off duty firearm. The firearm being transported that is not authorized for on duty or off duty use shall be unloaded. 7. Safeguard weapons at all times. 8. Do not store or leave firearm in an unattended motor vehicle. 9. Do not carry firearms in briefcases, handbags, fanny packs, hip packs, tote bags, knapsacks, paper bags or similar devices. 10. Carry firearms, on the person, in an appropriate holster specifically designed to afford maximum protection against loss of weapon. NOTE: All holsters, regardless of type, style, or design (i.e., ankle, shoulder or belt holster) must be specifically designed for the weapon being carried. "One size fits all," "Clip-on," and "belly band" holsters are prohibited. 11. Use only approved Department issued ammunition for use in revolvers/pistols. 12. For members authorized to carry service revolver - Ensure that cylinder is fully loaded with appropriate ammunition. Maintain twelve rounds of ammunition in two speedloaders on duty belt. a. Keep twelve extra rounds of ammunition in locker at primary place of duty or on the duty belt in two ammo pouches. 13. For members authorized to carry 9MM pistol - Ensure that one round of ammunition is in the chamber and fifteen rounds in the magazine at all times. a. Maintain fifteen rounds in each of the two magazines carried on the duty belt. NOTE: Those uniformed members of the service authorized to carry specialized undercover firearms as per A.G. 305-05, "Authorization for Special Weapons," will also ensure that the maximum number of rounds are loaded in each magazine, and that a round is loaded in the chamber of the weapon, as applicable. 14. Comply with P.G. 205-03, "Responsibility For Weapons While Sick," if member expects to go on extended sick leave. 15. Carry ONLY authorized firearms when on duty. a. Permission of commanding officer is required PRIOR to carrying special weapons while performing duty (see A.G. 305-05, "Authorization For Special Weapons"). 16. Do not enter Family Court or Supreme Court Matrimonial Parts while armed if involved, OTHER THAN AS ARRESTING OFFICER OR ON OFFICIAL BUSINESS, in Family Court case or Supreme Court matrimonial case. a. Safeguard firearms at a location other than Family Court or Supreme Court OR if within New York City, the member concerned may elect to deliver firearm to desk officer of precinct in which Family Court or Supreme Court is located. b. Uniformed member of the service present at Family Court or Supreme Court as an arresting officer or on official business will report to the court officer supervisor and sign the Law Enforcement Officer log. ADDITIONAL DATA All uniformed members of the service, unless they are on official business or personally participating in a sporting event requiring the use of a firearm, such as hunting or competitive shooting, are prohibited from carrying on their person, or transporting in their luggage, or by another means of conveyance, their service, off-duty or other firearm into a foreign country. Members of the service traveling to a foreign country in order to personally participate in a sporting event requiring the use of a firearm, are required to comply with all applicable rules and regulations regarding firearms of the country they are entering. Failure to comply will result in disciplinary action and possibly subject the uniformed member to criminal penalties and/or weapon confiscation. Uniformed members of service will adhere to P.G. 212-83, "Leaving City on Official Business" and A.G. 320-18, "Official Trips by Department Representatives," when leaving New York City on official business. P.G. 204-09 Required Firearms/Equipment Date Effective: 08-01-13 REQUIRED EQUIPMENT Lieutenants, sergeants, and police officers performing patrol duty in uniform are required to carry or wear the following equipment, as authorized or indicated: 1. Regulation Service Revolver - Spurless hammer; double action only; .38 calibre, with three or four inch barrel; military (Patridge) sights; matte stainless steel finish; checkered, hardwood grips or authorized rubber grips which do not interfere with the use of speedloaders. The following conform to the above specifications and may be carried by authorized uniformed members as service and off duty weapons: a. Smith & Wesson, Military and Police, model 64 NY-1 (3" or 4" barrel models) b. Ruger - GPNY (3" or 4"" barrel, stainless steel) c. Ruger - Speed Six (3" barrel, stainless steel) d. Ruger - Police Service Six (stainless steel - [discontinued by manufacturer]) NOTE: Uniformed members of the service who possess the revolvers described below may continue to use them as authorized service/off duty revolvers, provided such revolvers were owned by the member prior to July 1, 1987: a. Smith & Wesson, Military and Police, Model 10 (4") b. Colt, Official Police c. Colt, Metropolitan Mark III d. Dan Wesson, Model II Fixed Barrel e. Ruger, Police Service Six f. Smith & Wesson or Colt .38 Special revolver with a 3 " barrel, and military (Patridge) sights. The revolvers listed in this NOTE: have a blued or parkerized finish with both double and single action capability, all steel frame (no air weight or alloy), and standard hardwood or authorized rubber grips. 2. Authorized Off Duty Revolver - Spurless hammer; double action only; .38 calibre, with a barrel at least two inches, but not more than four inches in length; military (Patridge) sights; matte stainless steel finish; standard checkered, hardwood grips or authorized rubber grips which do not interfere with the use of speedloaders. The following conform to the above specifications and may be carried by authorized uniformed members as off duty weapons: a. Ruger SPNY, Smith and Wesson Model 640 b. Smith and Wesson 64 NY- 1 NOTE: The Ruger Speed Six, three inch barrel (stainless steel) conforms to the above specifications but is no longer manufactured. Off duty revolvers with frames made of lightweight metals, such as aluminum, aluminum alloy, etc., are not authorized for use by uniformed members of the service. The Smith and Wesson Model 60, and Model 60 NY1 spurless hammer model are not authorized for off duty use. Uniformed members who possess Smith and Wesson, Colt or Ruger revolvers, with a barrel of at least two inches, but not more than four inches in length, with military (Patridge) sights, may continue to use them as authorized off duty revolvers, provided such revolvers were owned by the member concerned prior to July 1, 1987 or, for former members of the Transit Police Department, prior to April 2, 1995. Uniformed members purchasing new or replacing lost/stolen service or off duty revolvers will purchase the spurless hammer, double action only models as specified in step 1, subdivisions a through d, and step 2, subdivisions a and b. 3. Regulation Service 9MM, Semi-Automatic Pistol - The following conform to the Department's requirements and may be carried by authorized uniformed members as service and off duty weapons: a. Glock -Model 19 b. Smith & Wesson - Model 5946 c. Sig Sauer - Model 226. 4. Authorized Off Duty 9MM, Semi-Automatic Pistol - The following conform to the Department's requirements and may be carried by authorized uniformed members as off duty weapons: a. Smith & Wesson 3953TSW b. Smith & Wesson 3914DAO c. Kahr K-9 (no new purchases or transfers after February 17, 2006) d. Glock Model 26 e. Beretta 8000D Mini Cougar f. Sig Sauer P239 DAO. NOTE: An off duty revolver/pistol may be carried in addition to the service revolver/pistol provided only the service revolver/pistol is visible. EQUIPMENT FOR USE WITH SERVICE REVOLVER 5. Regulation Holster - black leather, designed with leather safety lock, in four models: a. Standard for all uniformed members of the service. b. Swivel holster (optional) for uniformed members of the service assigned to duty in Department vehicles. c. Highway Patrol Service Holster - for uniformed members assigned to highway patrol duty (for use with Sam Browne belt). d. Mounted Service Holster - for uniformed members assigned to mounted duty (for use with Sam Browne belt). 6. Two Speedloaders and Pouches - as authorized by the Equipment Section, with twelve cartridges. 7. Belts (Two) - black leather, 1 1/2 inches wide with gunmetal buckle. Equipment belt will cover trouser belt, both to be worn firmly around the waist. EQUIPMENT FOR USE WITH SERVICE 9MM PISTOL 8. Regulation Holster - black leather, designed with safety lock, in eight models: a. Glock, Model 19, right and left handed b. Smith & Wesson, right and left handed c. Sig Sauer, right and left handed d. 9MM holster with flap, right and left handed. 9. Two Magazines and Pouches - as authorized by the Equipment Section, with fifteen cartridges in each. 10. Belts (Two) gunmetal buckle); gunmetal buckle). firmly around the (for equipment: black leather, 2 1/4 inches wide with (for trousers: black leather, 1 1/2 inches wide with Equipment belt will cover trouser belt, both to be worn waist. 11. Night Sights - ensure "Tritium" night sights are installed. Installation by anyone other than a Firearms and Tactics Section gunsmith is not permissible. Pistols purchased at the Equipment Section on or after September 12, 1994, are already equipped with night sights installed by the manufacturer. The use of night sights by uniformed members authorized to carry 9MM pistols prior to September 12, 1994, is optional. OTHER EQUIPMENT 12. ACTIVITY LOG (PD112-145) with following inserts: a. AUTO IDENTIFICATION (PD371-090) b. INSTRUCTIONS FOR HANDLING MENTALLY ILL OR EMOTIONALLY DISTURBED PERSONS (PD104-110) c. DOMESTIC VIOLENCE/VICTIMS OF CRIME (PD154-110) d. STREET ENCOUNTERS – LEGAL ISSUES (PD344-153) e. POSSIBLE INDICATORS OF TERRORIST ACTIVITY (PD378-111) f. WHAT IS A STOP, QUESTION AND FRISK ENCOUNTER? (PD344-111) g. PRIMARY LANGUAGE IDENTIFIER (PD312-091) h. Any other insert, as required. 13. Regulation traffic whistle and belt whistle holder. 14. Regulation handcuffs carried in handcuff case with key available for use. 15. Regulation eleven inch rubber billet with leather thong may be used from 0800 - 1600 hours, unless baton is carried. 16. Baton (Side Handle) - Monadnock Lifetime Products Inc., Model PR-24 STS. a. Carried only by uniformed members of the service trained and qualified by the New York City Police Academy. NOTE: All uniformed members of the service appointed after December 1988 must carry the side handle baton. Carrying of a straight baton by members of the service appointed after December 1988 is unauthorized. All uniformed members of the service appointed before December 1988, who are trained and qualified in the use of the straight baton and the side handle baton by the New York City Police Academy, must carry the side handle baton. Carrying of a straight baton by members of the service trained and certified in the use of side handle baton is unauthorized. Members appointed prior to December 1988, who are not trained and qualified in the side handle baton, will carry a straight baton, 24 to 26 inches in length, 1 1/4 inches in thickness; made of locus hickory, white ash or rosewood; attached to a leather thong. Batons are to be carried on all tours, except as directed by commanding officer for 2nd platoon foot patrol. 17. Baton Holder - black leather loop with military strap, to wear on gun belt or Side Handle Baton Holder (black polycarbonate plastic 360 degree swivel, 8 position). 18. Serviceable Flashlight - all tours, not to exceed 12 1/2 inches in length, tubular design (without attachments that alter the size, shape or weight of the device) powered by a maximum of three "D" batteries and a minimum of two "C" batteries. NOTE: Members of the service may elect to carry a secondary flashlight as an adjunct to their primary flashlight. Secondary lights may be either a miniature flashlight or a lantern type flashlight. These secondary lights may be used as a backup for the mandatory flashlight and may be useful in situations such as a search where a lantern can provide greater illumination and longer battery life. Under no circumstances should these lights be considered a substitute for the primary lights which must be carried on all tours regardless of the availability of a secondary flashlight. As an enhancement to visibility, it is recommended that flashlights be powered by alkaline batteries for their durability and be equipped with a krypton bulb for additional brightness. Halogen bulbs are not recommended because they drain batter power too quickly. 19. Serviceable watch properly set. 20. Reflective belt (1600 - 0800). 21. Reflective traffic safety vest. NOTE: Transit Bureau members assigned to uniform patrol in the transit system or assigned to any detail in uniform performing traffic related duties will have in their possession the authorized reflective traffic safety vest (fluorescent yellow). It will be at the discretion of a supervisor as to whether uniformed members assigned to patrol in the transit system will wear or simply carry the traffic safety vest. 22. Dual-purpose disorder control/scooter helmet with face shields, as indicated in Patrol Guide procedure 203-05, Performance on Duty - General. 23. Pepper spray device and holder. 24. Keepers (four) - attached to the gun belt and trouser belt regardless of type of weapon carried. 25. Glove pouch – all uniformed members of the service are required to wear a synthetic leather glove pouch on their gun belt. Members on bicycle patrol are required to wear a nylon glove pouch. Both versions of the glove pouch must conform to those available at the Equipment Section. This pouch is designed to hold disposable plastic gloves. 26. Tactical Response Hood and Personal Protective Equipment a. Members performing patrol duties in a Department vehicle will have the hood and pouch available in the vehicle. b. Members performing foot patrol duties and/or assigned to a detail such as a parade, fixed post, etc. will carry the tactical response hood by Finest Message # 020633, dated 2-16-05)attaching the pouch to their gun belts on the side opposite which the member carries his/her firearm. (1) Members will secure the tactical response hood pouch to both their gun belt and their thigh using the straps and clips provided. c. Members performing administrative or other duties inside a Department facility will have the tactical response hood and pouch readily available at all times. d. The balance of the personal protective equipment issued to uniformed members of the service will be carried in Department vehicles by those members of the service performing patrol duties in such vehicles. All other uniformed members of the service will have the balance of the personal protective equipment readily available, e.g., stored in their Department locker. ADDITIONAL DATA Uniformed members of the service below the rank of captain who are assigned to enforcement duties must carry a sufficient amount of summonses. Uniformed members of the service assigned to civilian clothed enforcement duties are required to have their service 9MM semi-automatic pistol and one extra fully loaded magazine or their service .38 caliber revolver with twelve extra cartridges, handcuffs with key and the "color of the day" head/arm band on their persons. In addition, pepper spray device and holder will be carried by such members as specified in P.G. 212-95, "Use of Pepper Spray Devices." Commanding officers have the authority to allow members of their respective commands to be armed with an authorized off duty weapon, if they believe it is more suitable for a particular assignment. P.G. 204-10 Handgun Purchase Date Effective: 08/01/13 PURPOSE To record the acquisition of handguns by uniformed members of the service. PROCEDURE When buying or acquiring a handgun: PURCHASE FROM NEW YORK CITY HANDGUN LICENSEE UNIFORMED MEMBER OF THE SERVICE 1. Prior to acquiring a handgun from a New York City handgun licensee: a. Prepare Typed Letterhead, in triplicate, addressed to Commanding Officer, License Division requesting permission to acquire handgun and include the following information: (1) Make, caliber, type, model and serial number of handgun. (2) Name, address and age of licensee. (3) Current Handgun License number including date issued and date expires. COMMANDING OFFICER OF MEMBER 2. Endorse Typed Letterhead with recommendation and request status of licensee. 3. Forward original and one copy of Typed Letterhead direct to Commanding Officer, License Division for determination and endorsement. COMMANDING OFFICER, LICENSE DIVISION 4. Conduct record check of licensee. a. If license is valid and clear of suspension or ongoing investigation, advise commanding officer of requesting member, by endorsement, that acquisition may be approved. b. If licensee is currently suspended or under investigation, advise commanding officer of requesting member, by endorsement, that request is denied until such time as licensee is reinstated. UNIFORMED MEMBER OF THE SERVICE 5. Upon notification that record check has been completed and Commanding Officer, License Division, has approved request, requesting member will comply with steps 6 through 21. PURCHASE FROM OTHER THAN EQUIPMENT SECTION 6. Submit copy of bill of sale to desk officer/counterpart of permanent command without delay. 7. Have handgun, which is authorized to be carried in performance of police duty, tested by Department gunsmith except if purchased at Equipment Section. 8. Prepare ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE (PD424-150) and complete sections one through four. 9. Deliver form to desk officer/counterpart of permanent command. DESK OFFICER 10. Compare make, model and serial number listed on bill of sale with handgun. 11. Check New York State Police Information Network (NYSPIN) and National Crime Information Center (NCIC) via "FINEST" or Stolen Property Inquiry Section to determine if an alarm for such firearm exists. 12. Contact the Firearms and Tactics Section (718) 885-2500 with the following information and obtain a Firearms and Tactics Section (FTS) control number: a. Officer's Name b. Officer's Tax registry number c. Officer's command d. Type of transaction: Acquisition e. Make of firearm f. Model of firearm g. Type of firearm h. Serial number of firearm i. Name of desk officer. MEMBER OF THE SERVICE, FIREARMS AND TACTICS SECTION 13. Enter information received from desk officer in the Acquisition/Disposition Log. 14. Assign the next available FTS control number and provide this control number to the desk officer of the notifying command. DESK OFFICER 15. Make a Command Log entry including member's name, tax registry number, date purchased, purchased from, make, model, caliber, type, serial number, FTS officer notified and FTS control number. a. Enter Command Log page number of ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE. b. Enter FTS control number in the upper right hand corner on the ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE. 16. Complete Part 5 (Agency Endorsement) of REPORT TO N.Y. STATE POLICE. 17. Give bill of sale and completed REPORT TO N.Y. STATE POLICE to clerical member. CLERCAL MEMBER 18. Make appropriate entries on FORCE RECORD (PD406-143). 19. Deliver REPORT TO N.Y. STATE POLICE to commanding officer. 20. File bill of sale, member's copy of REPORT TO N.Y. STATE POLICE (second copy), gunsmith authorization approval form, if applicable, and reply from Commanding Officer, License Division, if applicable, in member's personal folder. COMMANDING OFFICER 21. Forward first copy of REPORT TO N.Y. STATE POLICE to Firearms and Tactics Section. PURCHASE OF FIREARMS FROM EQUIPMENT SECTION EQUIPMENT SECTION MEMBER 22. Have ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE prepared. 23. Have purchasing member sign report (Section 4 - Certification) COMMANDING OFFICER, EQUIPMENT SECTION 24. Contact the Firearms and Tactics Section (718) 885-2500 with the following information and obtain a Firearms and Tactics Section (FTS) control number: a. Officer's Name b. Officer's Tax registry number c. Officer's command d. Type of transaction: Acquisition e. Make of firearm f. Model of firearm g. Type of firearm h. Serial number of firearm i. Name of Commanding Officer, Equipment Section. MEMBER OF THE SERVICE, FIREARMS AND TACTICS SECTION 25. Enter information received from Commanding Officer, Equipment Section in the Acquisition/Disposition Log. 26. Assign the next available FTS control number and provide this control number to the Commanding Officer, Equipment Section. COMMANDING OFFICER, EQUIPMENT SECTION 27. Enter FTS control number in the upper right hand corner on the ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE. 28. Complete Part 5 (Agency Endorsement) of REPORT TO N.Y. STATE POLICE. 29. Forward copies as indicated on form: a. First copy to Firearms and Tactics Section. b. Second copy to member's commanding officer along with copy of bill of sale. COMMANDING OFFICER OF MEMBER 30. Have entry made on FORCE RECORD and Command Log entry made including member's name, tax registry number, date purchased, purchased from, make model, caliber, type and serial number upon receipt of REPORT TO N.Y. STATE POLICE and bill of sale from Equipment Section. CLERICAL MEMBER 31. File REPORT TO N.Y. STATE POLICE and bill of sale in member's personal folder. ADDITIONAL DATA A routine request for information concerning handguns belonging to a uniformed member of the service will be directed to the member's permanent command. The Police Academy, Firearms and Tactics Section, will supply information on a twenty-four hour basis concerning the firearms of a uniformed member of the service to an investigating supervisor in an emergency if the permanent command of the member is closed, OR during an investigation, if a telephone inquiry to the member's command may compromise an investigation. If a handgun comes into the possession of a uniformed member of the service and the owner of the firearm is unknown, a request for the identity of the owner will be directed to the Stolen Property Inquiry Section. Failure by a uniformed member of the service to report an acquisition or disposition of a firearm to this Department with in ten days of such transaction is a Class "A" Misdemeanor under Penal Law Section 400.00, subdivision 12c. Handgun purchases effected under the authority of a Class I Federal Firearms License or New York State Dealer in Firearms License DO NOT exempt a member of the service from filing ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE for those firearms possessed outside the scope of the dealer in firearms license. RELATED PROCEDURES Selling - Disposing Of Handguns To Another Uniformed Member Of The Service Or To A Licensed Firearms Dealer In New York State (P.G. 204-13) Disposal Of Handgun To Handgun Licensee (P.G. 204-14) FORMS AND REPORTS ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE (PD424-150) FORCE RECORD (PD406-143) Typed Letterhead P.G. 204-11 Pistol Magazine Purchases Date Effective: 08-01-13 PURPOSE To make the Department aware of pistol magazine purchases by uniformed members of the service and provide an inspection capability through a review of members' Personal Folders, Command Communication Records and in most instances, Equipment Section files. PROCEDURE When a uniformed member of the service finds it necessary to purchase a magazine for an authorized service pistol: UNIFORMED MEMBER OF THE SERVICE 1. Prepare a written report to Commanding Officer including reason for the purchase (magazine lost, defective, etc.). COMMANDING OFFICER 2. Endorse the request and have a copy placed in the concerned member's Personal Folder. UNIFORMED MEMBER OF THE SERVICE 3. Present original endorsed report to the Commanding Officer, Equipment Section. COMMANDING OFFICER, EQUIPMENT SECTION 4. File the report, chronologically, in a Command File. ADDITIONAL DATA Should a uniformed member of the service elect to purchase a magazine directly from a manufacturer, the member's commanding officer will include in the endorsement a request to the manufacturer that the magazine be sent to the member's command and not his/her residence. P.G. 204-12 Repair/Replacement Of Authorized Firearms Date Effective: 08-01-13 PURPOSE To borrow a service pistol, revolver, or repair authorized firearms. PROCEDURE When a service pistol or revolver is stolen, lost, requires repair, is held as evidence by a court, District Attorney or safeguarded by the Property Clerk: TO OBTAIN REPLACEMENT SERVICE PISTOL OR REVOLVER: UNIFORMED MEMBER OF THE SERVICE 1. Notify commanding officer of facts. COMMANDING OFFICER 2. Direct preparation of two copies of report, on Typed Letterhead, addressed to Commanding Officer, Firearms and Tactics Section outlining facts and requesting that the member concerned be loaned a service pistol or revolver. UNIFORMED MEMBER OF THE SERVICE 3. Deliver report to officer in charge, Firearms and Tactics Section on weekdays, 0730 to 1530 hours, Outdoor Range, Rodman's Neck. 4. Report to commanding officer make, model and serial number of pistol or revolver obtained from Firearms and Tactics Section. COMMANDING OFFICER 5. Have entry of above data made on member's FORCE RECORD (PD406-143). UNIFORMED MEMBER OF THE SERVICE 6. Deliver borrowed pistol or revolver to Firearms and Tactics Section when service pistol or revolver is returned or repaired. a. Obtain receipt for borrowed pistol or revolver from Firearms and Tactics Section and deliver to commanding officer. COMMANDING OFFICER 7. Have entry made on member's FORCE RECORD indicating return of borrowed pistol or revolver to Firearms and Tactics Section and file receipt in member's Personal Folder. ADDITIONAL DATA Department procedures prohibit modification of a service/off duty pistol or revolver or an authorized firearm without the prior permission of the Commanding Officer, Firearms and Tactics Section. Firearms that become defective in any manner, including water saturation, will be delivered to the Department gunsmith at Outdoor Range, Rodman's Neck for repair/inspection prior to use. Under some conditions, uniformed members of the service may find it necessary to have service/off duty pistol or revolvers or authorized firearms repaired by the manufacturer or a licensed gunsmith for repairs that the Department gunsmith is unable to make. If the service pistol or revolver requires repair, uniformed member of the service will obtain a replacement service pistol or revolver at the Firearms and Tactics Section by complying with the procedure above. In addition, if a member's service/off duty, pistol or revolver, or authorized firearm is repaired by other than the Department gunsmith, such firearm must be inspected by the Department gunsmith prior to being carried on or off duty. RELATED PROCEDURES Firearms - General Regulations (P.G. 204-08) Required Firearms & Equipment (P.G. 204-09) Lost/Stolen Firearms, Shields, Identification Cards (P.G. 219-21) FORMS AND REPORTS FORCE RECORD (PD406-143) Typed Letterhead P.G. 204-13 Selling/Disposing Of Handguns To Another Uniformed Member Of The Service Or A Licensed Firearms Dealer In New York State Date Effective: 08-01-13 PURPOSE To record handgun transactions. PROCEDURE When a uniformed member of the service sells or otherwise disposes of a handgun to another uniformed member of the service or to a licensed firearms dealer located in New York State: UNIFORMED MEMBER OF THE SERVICE 1. Notify desk officer/counterpart of permanent command without delay and submit copy of bill of sale indicating: a. Identity of purchaser including: (1) Tax registry number and command if uniformed member of the service, OR (2) License number if firearms dealer. b. Complete description of firearm including serial number. 2. Prepare ACQUISITIONS OR DISPOSITIONS OF FIREARMS BY POLICE OFFICERS REPORT TO N.Y. STATE POLICE (PD424-150) and complete sections one through four. 3. Deliver form to desk officer/counterpart of permanent command. DESK OFFICER 4. Notify commanding officer. 5. Check REPORT TO N.Y. STATE POLICE and bill of sale for accuracy. 6. Contact the Firearms and Tactics Section with the following information and obtain a Firearms and Tactics Section (FTS) control number: a. Officer's Name b. Officer's Tax registry number c. Officer's command d. Type of transaction: Disposition e. Make of firearm f. Model of firearm g. Type of firearm h. Serial number of firearm i. Name of desk officer. MEMBER OF THE SERVICE, FIREARMS AND TACTICS SECTION 7. Enter information received from the desk officer in the Acquisition/Disposition Log. 8. Assign the next available FTS control number and provide this control number to the desk officer of the notifying command. DESK OFFICER 9. Make a Command Log entry including member's name, tax registry number, date disposed, disposed to, make, model, caliber, type, serial number, FTS officer notified and FTS control number. a. Enter FTS control number in the upper right hand corner on the ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE. NOTE Command Log entries will be made for ALL acquisitions as well as dispositions. 10. Deliver ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS -REPORT TO N.Y. STATE POLICE to the commanding officer. COMMANDING OFFICER 11. Review REPORT TO N.Y. STATE POLICE and complete Part 5 (Agency Endorsement). 12. Give REPORT TO N.Y. STATE POLICE and bill of sale to clerical member. CLERICAL MEMBER 13. Make entry on rear of FORCE RECORD (PD406-143) indicating date of disposal. 14. File member's copy (second copy) of REPORT TO N.Y. STATE POLICE with bill of sale in member's personal folder. 15. Distribute first copy of REPORT TO N.Y. STATE POLICE to Firearms and Tactics Section. ADDITIONAL DATA Uniformed members of the service are also permitted to dispose of handguns to holders of handgun licenses issued by this Department. Handgun purchases effected under the authority of a Class I Federal Firearms License or New York State Dealer in Firearms License DO NOT exempt a member of the service from filing ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE for those firearms possessed outside the scope of the dealer in firearms license. Since November 1, 1994, the Equipment Section has issued 9mm service weapons to uniformed members of the service. Since Police Department funds have been used to purchase and/or make reimbursements for the 9mm weapons that are the subject of this program, the Department retains the right to repossess and permanently retain these weapons under certain circumstances as follows: a. When a recruit officer or probationary police officer resigns or is terminated from the Department OR b. When any other member of the service resigns or is terminated from the Department under less than honorable conditions, as determined by the Chief of Department. Weapons in the above categories will be vouchered for safekeeping with the following statement in the "Remarks" section of the PROPERTY CLERK INVOICE (PD521-141): WEAPON IS NOT TO BE RELEASED WITHOUT WRITTEN AUTHORIZATION OF THE CHIEF OF DEPARTMENT. The Commanding Officer, Property Clerk Division will forward a report to the Chief of Department for any 9mm service weapon vouchered from a recruit or probationary police officer who resigns or who may be terminated, and from other officers who resigned or terminated employment under less than honorable conditions. a. Chief of Department will notify the Property Clerk Division to forward to the Outdoor Range the 9mm service weapon vouchered from recruit officers and probationary officers. b. Chief of Department will determine and then notify the Property Clerk Division whether the 9mm service weapons vouchered from other officers, who resigned or terminated employment under less than honorable conditions, are to revert back to the Department, and sent to the Outdoor Range, or released to the member concerned. RELATED PROCEDURES Handgun Purchase (P.G. 204-10) Disposal of Handgun to Handgun Licensee (P.G. 204-14) FORMS AND REPORTS ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE (PD424-150) PROPERTY CLERK INVOICE (PD521-141) P.G. 204-14 Disposal Of Handgun To Handgun Licensee Date Effective: 08/01/13 PURPOSE To authorize a uniformed member of the service to dispose of a handgun to a New York City Handgun Licensee, ONLY. PROCEDURE When a uniformed member of the service wants to sell, give away, etc., a handgun to a person who has been granted a handgun license by this Department: UNIFORMED MEMBER OF THE SERVICE 1. Prepare three copies of Typed Letterhead, addressed to Commanding Officer, License Division, requesting permission to dispose of firearm including the following information: a. Make, caliber, type, model and serial number of handgun which is subject of application b. Service handgun: make, caliber, type, model and serial number c. All other handguns: make, type, model, serial number d. Handguns transferred on previous occasions: dates, to whom sold including address, make, caliber, type, model and serial numbers e. Has seller valid right to dispose of handgun? (Yes or No) f. Name, address, age and sex of licensee g. Present handgun license number and date issued h. Reasons handgun licensee wants to obtain handgun. COMMANDING OFFICER OF MEMBER 2. Endorse application with recommendation. 3. Forward original and one copy of application, direct, to Commanding Officer, License Division, for final decision and endorsement. UNIFORMED MEMBER OF THE SERVICE 4. Comply with decision of Commanding Officer, License Division. 5. Comply with P.G. 204-13, "Selling/Disposing Of Handguns To Another Uniformed Member of the Service or to a Licensed Firearms Dealer in New York State", if transaction approved. ADDITIONAL DATA Since November 1, 1994, the Equipment Section has issued 9mm service weapons to uniformed members of the service. Since Police Department funds have been used to purchase and/or make reimbursements for the 9mm weapons that are the subject of this program, the Department retains the right to reprocess and permanently retain these weapons under certain circumstances as follows: a. When a recruit officer or probationary police officer resigns or is terminated from the Department OR b. When any other member of the service resigns or is terminated from the Department under less than honorable conditions, as determined by the Chief of Department. Weapons in the above categories will be vouchered for safekeeping with the following statement in the "Remarks" section of the PROPERTY CLERK INVOICE (PD521-141): WEAPON IS NOT TO BE RELEASED WITHOUT WRITTEN AUTHORIZATION OF THE CHIEF OF DEPARTMENT The Commanding Officer, Property Clerk Division will forward a report to the Chief of Department for any 9mm service weapon vouchered from a recruit or probationary police officer who resigns or who may be terminated, and from other officers who resigned or terminated employment under less than honorable conditions. a. Chief of Department will notify the Property Clerk Division to forward to the Outdoor Range the 9mm service weapon vouchered from recruit officers and probationary officers. b. Chief of Department will determine and then notify the Property Clerk Division whether the 9mm service weapons vouchered from other officers, who resigned or terminated employment under less than honorable conditions, are to revert back to the Department, and sent to the Outdoor Range, or released to the member concerned. RELATED PROCEDURES Handgun Purchase (P.G. 204-10) Selling/Disposing of Handgun to Another Uniformed Member of the Service or to a Licensed Firearms Dealer in New York State (P.G. 204-13) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) Typed Letterhead P.G. 204-15 Shields/Nameplates/Identification Cards Date Effective: 08-01-13 1. Wear shield at all times while in uniform on the outermost garment except if outermost garment has sewn shield patch, i.e., golf type shirt, etc. 2. Wear nameplate 1/4 inch below and centered under shield on outermost garment. a. DO NOT wear nameplate on raincoat. 3. Carry shield and IDENTIFICATION CARD (PD416-091) at all times, when in uniform or civilian clothes, and present both when necessary to establish identification. NOTE: Uniformed members utilizing the option of not carrying firearms off duty as described in P.G. 204-08, "Firearms - General Regulations," may also elect not to carry their shield. 4. Display shield on the outermost garment when wearing civilian clothes at the scene of an emergency. 5. Present shield and IDENTIFICATION CARD, when wearing either uniform or civilian clothes, when delivering or withdrawing evidence from Property Clerk Division or whenever obtaining Department property, (i.e., vehicles, radios, etc.) for temporary use from another command. NOTE: If necessary, the command in possession of the Department property will telephone the command requesting the loan of property to verify the officer(s) present at their command were sent for this equipment. A Command Log or an appropriate Department record entry will be made indicating rank, name and shield number of member conferred with. 6. Display IDENTIFICATION CARD prominently on outermost garment when wearing civilian clothes in any Department facility. P.G. 204-16 Emblems, Insignia And Breast Bars Date Effective: 08-01-13 GRAPHIC OF UNIFORMS SHOWING LOCATION OF PATCHES, EMBLEMS, ETC. (Figure 21) [I.O. 34 s 03] (Figure 22) SHORT SLEEVE SHIRT AND DEPARTMENT EMBLEMS (Figure 23) (Figure 24) SHOULDER STRAP (Lieutenants and Above) (Figure 25) DEPARTMENT AND COMMAND EMBLEMS (SHOULDER PATCHES) 1. The Department logo will be worn on both left and right sleeves of all regulation uniform garments except the turtleneck shirt and raingear. 2. Uniformed members of the service assigned to Aviation, Emergency Service, Harbor, Mounted, Scuba, Patrol Borough Task Force, Transit Bureau Canine Team or Highway District units shall continue to display the Department emblem on the right sleeve only and their command emblem on the left shoulder. 3. Uniformed members of the service assigned to the Communications Division and the Traffic Operations District will display their authorized command emblem on the left sleeve 1/2 inch beneath the Department emblem except: sergeants assigned to this unit shall continue to display the Department emblem on the right sleeve only and their command emblem on the left sleeve (centered midway between the crest of the chevrons and the top of the sleeve). COLLAR INSIGNA AND COMMAND DESIGNATIONS 1. Wear ONLY yellow metal command insignia (except commands authorized to wear cloth insignia [white lettering] on work uniforms). 2. Sergeants, uniformed detectives, and police officers will wear appropriate insignia on both sides of collar of BOTH inner and outer garments, except raingear (i.e., insignia will be worn on the collar of a regulation long sleeve shirt, if worn, as well as the duty jacket). SERVICE STRIPES/HASH MARKS 1. Each stripe represents five years of service. 2. Service stripes/hash marks are to be affixed to all outer garments, except short sleeve shirts, leather and raingear, of lieutenants, sergeants, detectives and police officers (left sleeve only). NOTE: Sewing through the leather and raingear would damage the leather or jeopardize the integrity of the waterproofing. 3. The lower tip of the bottom stripe is 4 inches from the bottom of the sleeve. (Do not include elastic cuff, duty jackets etc., in measurement). Police officers, detectives and sergeants will remove the service mohair braid, from both sleeves, if worn, from the summer blouse/winter coat. 4. The service stripes/hash marks for uniformed members of the service in the rank of lieutenants, sergeant, detective and police officer shall be the same blue/white colors as sergeant's chevrons. Uniformed members of the service in the rank lieutenants, sergeant, detective and police officer assigned to Mounted Unit and the Police Academy, Firearms and Tactics Section in khaki range uniforms, shall wear service stripes/hash marks the same yellow/white colors as the Mounted Unit sergeant's chevrons. 5. Service stripes/hash marks may be worn six months prior to the five year period represented, if the wearer so desires. BREAST BARS/PINS PRECINCT, POLICE SERVICE AREA, TRANSIT DISTRICT COMMANDING OFFICER RECOGNITION PIN The PRECINCT, POLICE SERVICE AREA, TRANSIT DISTRICT COMMANDING OFFICER RECOGNITION PIN, with designated precinct, police service area, transit district numerals displayed, will be worn above the right breast pocket of the outermost garment by the commanding officer when performing duty in uniform. If another bar (e.g. Medal of Honor breast bar or longevity service bar) is worn, the Commanding Officer Recognition Pin will be worn above. BREAST BARS (Not to Scale) Department Medal of Honor (Figure 26) NOTE: A second award of this medal is identified by a gold leaf placed in the center of the bar. The Department Medal of Honor breast bar, at the discretion of the recipient, may be worn over the right breast uniform pocket. When so worn, all other bars will be displayed on the left side, above the member's shield. If uniform has no breast pockets, all bars will be worn on the left, above the shield. Police Combat Cross (Figure 27) NOTE: A second award of this medal is identified by a gold leaf placed in the center of the bar. Medal For Valor (Figure 28) NOTE: A second award of this medal is identified by a gold leaf placed in the center of the bar. Police Purple Shield Medal (Figure 29) NOTE: The Police Purple Shield Medal will be awarded to those uniformed members of the service who have suffered extremely serious physical injury, or death, or permanent disfigurement, protracted or permanent impairment of health as determined by the Honor Board. The Police Purple Shield Medal breast bar, at the discretion of the recipient, may be worn over the right breast uniform pocket. When so worn, all other bars will be displayed on the left side, above member's shield. If uniform has no breast pockets, all bars will be worn on the left, above the shield. Honorable Mention (Silver Star) (Shown Below) Exceptional Merit (Light Green Start) Commendation (Bronze Star) Commendation – Community Service (Light Blue Star) (Figure 30) NOTE: 1st Award Appropriate star in white area 2nd Award (same type) Appropriate stars in green and blue areas 2nd Award (different types) Appropriate stars, highest in green area 3rd Award (same type) Appropriate stars in green, white and blue areas 3rd Award (different types) Appropriate stars, highest in white, next highest in green, lowest in blue area. Upon receipt of a fourth award, a second bar will be worn with appropriate star(s) affixed. If fourth award duplicates any of the previous three, the duplication will be reflected on the second bar. The Medal For Valor bar (dark blue) is worn by recipient of Organizational Medal for Valor/Merit. The Commendation - Community Service bar is worn by recipient of Line Organization – Community Service Medal Meritorious Police Duty (Figure 31) Excellent Police Duty (Figure 32) [I.O. 34-1 s 03] NOTE: Only one breast bar in the grade of Meritorious Police Duty or Excellent Police Duty may be worn at one time, however, members who have been awarded Meritorious Police Duty or Excellent Police Duty numbering more than 25, 30, 40, 50 or 60 are authorized to wear an additional breast bar. One breast bar will be number 25, 30, 40, 50 or 60 and when combined with the number indicated on the second bar will designate the total number of awards received in that category. Members are not authorized to wear more than two bars. Unit Citation (Figure 33) [I.O. 34 s 03] NOTE: Designated members of the service may wear a Unit Citation. The Unit Citation breast bar will be left bare to indicate the receipt of a single Unit Citation. The receipt of additional Unit Citations will be indicated by the number "2", "3", etc. on the bar. The Unit Citation breast bar may be worn during entire police career regardless of subsequent assignments within the Department. The Unit Citation breast bar is worn above the shield and immediately below individual recognition awards. (Eligible civilian members may wear the Unit Citation lapel pin). Military Service Breast Bar United States Army (Figure 34) A black enameled bar. The United States Army logo with colors light blue and gold centered on the bar. United States Marine Corps (Figure 35) A red enameled bar. The United States Marine Corps logo with colors red, black, and gold centered on the bar. United States Navy (Figure 36) A navy blue enameled bar. The United States Navy logo with colors navy blue, cream, and gold centered on the bar. United States Air Force (Figure 37) Light blue enameled bar. The United States Air Force logo with colors navy blue, white, and silver centered on the bar. United States Coast Guard (Figure 38) A solid blue enameled bar. The United States Coast Guard logo with colors red, white, and gold centered on the bar. NOTE: Members of the service who are currently active in any branch of the United States Armed Forces or have been honorably discharged are authorized to wear the Military Service breast bar. The Military Service breast bar is to be worn above shield, immediately below Unit Citation, if worn, or below individual recognition awards. Hurricane Katrina Rescue and Recovery Mission Commemorative Breast Bar (Figure 39) NOTE: Those members of the service who have participated in the Katrina Rescue and Recovery Mission are granted permission to wear the commemorative breast bar. The Katrina breast bar is to be worn above shield, immediately below Unit Citation, if worn, or below individual recognition awards. TWA Flight 800 Recovery Operation Commemorative Breast Bar (Figure 40) NOTE: Those uniformed members of the service who have participated in the TWA Flight 800 Recovery Operation received a Flight 800 breast bar. The Flight 800 breast bar is to be worn above shield, immediately below Unit Citation, if worn, or below individual recognition awards. Puerto Rico Response Bar (Figure 41) NOTE: All uniformed members of the service, who participated in the Puerto Rico Rescue Mission from September 22, 1989 through September 29, 1989, are authorized to wear the Puerto Rico Response Bar. The Puerto Rico Response Bar is to be worn above shield, immediately below Unit Citation, if worn, or below individual recognition awards. Longevity Bar (Figure 42) NOTE: Uniformed members of the service below the rank of captain authorized to wear the regulation short sleeve shirt must wear the longevity bar. The bar will be worn over the right breast pocket. If the Department Medal of Honor breast bar is worn on the right side, the longevity bar will be worn over the shield. If there is no right breast pocket on the outer garment, the longevity bar will be worn over the shield (as indicated under ADDITIONAL DATA). Emergency Medical Technician Pin NOTE: All uniformed members of the service who have been trained and certified or re-certified by this Department are authorized to wear the Emergency Medical Technician Pin. The pin is worn 1/4 inch above the shield or breast bars. American Flag Breast Bar (Figure 43) The American Flag breast bar may be worn and is the only emblem authorized. The cloth American Flag emblem, the Flag "pin" and any other specialty pins such as those depicting the American Flag along with fraternal organization insignia or flags of other nations are not authorized and will not be worn. The American Flag breast bar may be worn 1/4 inch above the center of the shield or breast bars. If worn, it will be the top most bar above the shield. Firearms Proficiency Breast Bar NOTE: A uniformed member of the service who receives a perfect score of one hundred(100) percent during semi-annual re-qualification or during the Police Academy basic firearms training course, is authorized to wear the Firearms Proficiency breast bar. Members will be issued a breast bar by Firearms and Tactics Section personnel subsequent to such firearms qualification, indicating proficiency in the use of their weapon. (Figure 44) A uniformed member of the service who receives a perfect score of one hundred(100) percent during semi-annual re-qualification or during the Police Academy basic firearms training course, is authorized to wear the Firearms Proficiency breast bar. Members will be issued a breast bar by Firearms and Tactics Section personnel subsequent to such firearms qualification, indicating proficiency in the use of their weapon. Firearms proficiency breast bar will be worn directly over the shield and below all other breast bars. Only one Firearms Proficiency breast bar may be worn regardless of the number received. If member fails to attain the required score at subsequent qualification cycle, the breast bar must be removed. No promotional points will be granted for such Department recognition. ADDITIONAL DATA A breast bar is horizontally centered 1/4 inch above the center of the shield, when authorized. Additional bars, awards, or wings, when authorized, are worn with 1/4 inch space between each award. Members of the service qualified to wear a shooting award or designation will place it 1/4 inch above the shield. Aviation Unit members qualified as pilots and/or air crew are authorized to wear appropriate metal breast wings and will place them 1/4 inch above the shield. Members of the service qualified to rappel from Department aircraft may wear rappel wings placed 1/4 inch above the shield. Wings may be worn during entire police career regardless of subsequent assignments within the Department. Nameplates are to be centered 1/4 inch below the shield. White Metal - Police officers Yellow Metal - Ranking officers and detectives. ORGANIZATION OF BREAST BARS (Left Side) U.S. FLAG BAR or EMT Pin DEPARTMENT MEDAL OF HONOR POLICE COMBAT CROSS MEDAL FOR VALOR POLICE PURPLE SHIELD MEDAL HONORABLE MENTION (Silver Star) EXCEPTIONAL MERIT (Light Green Star) COMMENDATION (Bronze Star) COMMENDATION - COMMUNITY SERVICE (Light Blue Star) MERITORIOUS POLICE DUTY EXCELLENT POLICE DUTY UNIT CITATION MILITARY SERVICE BREAST BAR HURRICANE KATRINA RESCUE AND RECOVERY MISSION COMMEMORATIVE BREAST BAR TWA FLIGHT 800 RECOVERY OPERATION COMMEMORATIVE BREAST BAR PUERTO RICO RESPONSE BAR LONGEVITY BAR/FIREARMS INSTRUCTOR/FIREARMS PROFICIENCY BREAST BAR RIFLE EXPERT AVIATION WINGS RAPPEL WINGS SHIELD NAME PLATE ORGANIZATION OF BREAST BARS (Right Side) PRECINCT/POLICE SERVICE AREA/TRANSIT DISTRICT COMMANDING OFFICER RECOGNITION PIN DEPARTMENT MEDAL OF HONOR LONGEVITY BAR The Police Purple Shield Medal breast bar, at the discretion of the recipient, may be worn over the right breast uniform pocket. When so worn, all other bars will be displayed on the left side, above uniformed member's shield. ORGANIZATION OF BREAST BARS (GRAPHIC) (Figure 45) Uniformed members of the service who have earned Departmental recognition from the Transit or Housing Police Departments, must purchase and display an existing New York City Police Department breast bar that is awarded for actions equivalent to that honored by the former department. Uniformed members of the service, having earned recognition from their former department, will convert their awards to the following New York City Police Department equivalents: FORMER TRANSIT POLICE DEPARTMENT MEMBERS: Transit Police Department New York City Police Department Medal of Honor Combat Cross Exceptional Duty Medal Distinguished Duty Medal Honorable Mention Meritorious Police Duty Medal of Honor Combat Cross Medal For Valor Commendation Meritorious Police Duty Excellent Police Duty FORMER HOUSING POLICE DEPARTMENT MEMBERS: Housing Police Department New York City Police Department Authority Medal of Honor Police Combat Cross Authority Medal of Exceptional Merit Authority Commendation Meritorious Police Duty Excellent Police Duty Medal of Honor Combat Cross Exceptional Merit Commendation Meritorious Police Duty Excellent Police Duty P.G. 204-17 Morning Bands Date Effective: 08/01/13 UNIFORMED MEMBER OF THE SERVICE 1. May wear black elastic mourning band, 1/2 inch wide, on the shield, covering the seal of the city, but leaving the shield number or rank designation visible, upon the death of a member. 2. Wear band, regardless of rank of the deceased as follows: a. Active member of the service - line of duty death (1) Members of his or her command - from time of death until 2400 hours on the tenth day after his or her death (2) Other members - from the time of death until 2400 hours on the day of the funeral b. Active member of the service - not line of duty (1) Members of his or her command - from 0001 hours until 2400 hours on the day of the funeral (2) Other members - while attending funeral services c. Retired members of the service - while attending funeral services. d. Police Memorial Day (1) MANDATORY for all members of the service attending the Headquarters ceremony in uniform. (2) OPTIONAL for all uniformed members of the service between 0001 hours and 2400 hours. e. National Peace Officers' Memorial Day (1) OPTIONAL for all uniformed members of the service between 0001 and 2400 hours on May 15th annually. P.G. 204-18 Protective Vests Date Effective: 08/01/13 UNIFORMED MEMBER OF THE SERVICE 1. MUST wear a protective vest, outside a Department facility, when: a. Performing duty in uniform b. Performing enforcement duty in civilian clothes. NOTE: Uniformed members of the service performing duty in uniform outside a Department facility may be exempted from wearing a protective vest by their respective Bureau Chief or Deputy Commissioner only. Uniformed members of the service performing enforcement duty in civilian clothes outside a Department facility may be exempted from wearing a protective vest by the member's immediate supervisor if, in the opinion of the supervisor, the wearing of the protective vest would interfere with or be inappropriate for the member's specific duty or assignment. 2. MUST contact the Police Academy Vest Unit at (212) 477-9700 prior to purchasing any vest other than the models available through the New York City Police Department contract. a. MUST present vest to designated Vest Unit personnel, after purchase, for inspection and approval prior to use, including vests purchased privately through the New York City Police Department contract. 3. MUST wear one of the following protective vests: a. Any bullet resistant vest which is certified by the National Institute of Justice and exceeds Threat Level Type II (e.g., Threat Level Type IIIa). Members of the service are not authorized to wear any vest that is made of the material Zylon. NOTE: Members of the service MUST wear their ballistic resistant vest panels with the vest carrier specifically designed to fit these panels. Generic vest carriers or vest carriers that are made to fit a range of ballistic panels are not authorized for use. Members of the service MUST wear their ballistic resistant vest panels with ancillary equipment issued, and specifically designed for use with the intended vest model. RELATED PROCEDURE Protective Vest - Use/Maintenance and Reserve Supply (P.G. 204-19) P.G. 204-19 Protective Vest - Use/Maintenance And Reserve Supply Date Effective: 08/01/13 PURPOSE To provide instructions on how to obtain a loan vest from a reserve supply and the proper maintenance and care of protective vests. SCOPE Members of the service are required to maintain, store and properly care for bullet resistant vests either owned by them or issued to them by this Department. Members will be guided by the use and care instructions contained in the ADDITIONAL DATA statement of this procedure, as well as any specific instructions provided by the manufacturer of the vest. NOTE: Members are advised to inspect their Department issued or personally owned vests regularly. Any concerns relative to fit or serviceability should be brought to the attention of the member's supervisor. The supervisor concerned will confer with the commanding officer and, if needed, direct member to report to the Police Academy Vest Unit for inspection of the vest. PROCEDURE When a member of the service is issued or purchases a protective vest: UNIFORMED MEMBER OF THE SERVICE 1. Wear protective vest as required by Patrol Guide procedure 204-18, "Protective Vests." 2. Properly care for and maintain protective vest possessed. a. Do not modify vest or carrier. 3. Inspect vest regularly for signs of wear or lack of serviceability. a. Notify immediate supervisor if vest is perceived to be unserviceable. NOTE: When a protective vest appears to be damaged, frayed, worn, or has excessive curling or creasing, it shall be brought to the attention of the member's supervisor, who will inspect the protective vest, confer with the Police Academy Vest Unit for guidance, notify the member's commanding officer and direct member to present the vest, along with a report on Typed Letterhead, to the Police Academy Vest Unit. SUPERVISOR CONCERNED 4. Inspect vest. 5. Confer with Police Academy Vest Unit for guidance. 6. Notify commanding officer and direct member to present vest along with a report on Typed Letterhead to the Police Academy Vest Unit for inspection if concerns about serviceability exist. WHEN A UNIFORMED MEMBER OF THE SERVICE REQUESTS A PROTECTIVE VEST FROM THE RESERVE SUPPLY STORED AT EACH PATROL BOROUGH COMMAND: DESK OFFICER 7. Direct uniformed member of the service that requires a protective vest from the reserve supply to contact the patrol borough command concerned. When a reserve supply is not present at a patrol borough command, uniformed members of the service will be directed to contact the Police Academy Vest Unit to obtain a reserve vest. NOTE: Members of the service assigned to Housing, Transit, or any other bureau will contact the patrol borough located in the area of assignment to obtain a loan vest from the reserve supply. Uniformed members of the service must wear a protective vest outside a Department facility when performing duty in uniform and when performing enforcement duty in civilian clothes. For further guidelines regarding the wearing of protective vests see P.G. 204-18, "Protective Vests." PATROL BOROUGH/ POLICE ACADEMY MEMBER CONCERNED 8. Make entry in command log indicating date/time out, tour, rank, name, shield, command, vest serial number, date/time returned, and remarks, each time a reserve vest is utilized. NOTE: Utilize last page of command log for a list of serial numbers and sizes of all reserve vests assigned to command. REQUESTING MEMBER 9. Return vest upon completion of tour, or as directed by competent authority. a. If retained for more than one tour, member will launder carrier prior to returning the loaner vest to the Police Academy Vest Unit or patrol borough command. COMMANDING OFFICER/PATROL BOROUGH/POLICE ACADEMY 10. When needed, have arrangements made for laundering of vest carriers in other circumstances in accordance with A.G. 316-24, "Expense Bills." a. Expenditures for laundering will be funded from contingency expense funds or on credit basis with local vendor, as appropriate. ADDITIONAL DATA When a uniformed member of the service is struck by a bullet on the protective vest and is apparently uninjured, he/she must be examined by a doctor to ascertain if blunt body trauma or internal injury has occurred. When a protective vest is struck by a bullet or sharp instrument it shall be brought to the Police Academy Vest Unit for inspection along with an official report describing the circumstances before being worn by any member of the service. A protective vest should not be worn when soaking wet since water may act as a lubricant permitting a projectile to penetrate. Uniformed members of the service will make every effort to prevent vests from getting soaking wet during rainstorms or in situations where member may enter water, i.e., rescue attempts, etc. When a uniformed member of the service is properly fitted for a protective vest in the standing position, the front and rear panels should just meet, and no excessive gaps should exist. From a seated position, there should be no excessive gap between the bottom edge of the vest and the duty belt. The opening of the armor must not ride up into the wearer's neck. Whenever a uniformed member of the service is issued a new protective vest, they will sign a fit certification report attesting to the fact that the protective vest fits properly at the time of issuance. Uniformed members of the service will still retain the right to return the protective vest for a two-day period after receiving it. The following instructions should be complied with when putting on a protective vest: a. Some type of undergarment should be worn under the vest to protect it from absorbing perspiration and body oils. b. Protective vests should be worn under uniform shirt or civilian attire if in plain clothes. c. Take a deep breath and expand the chest cavity. Hold breath while closing Velcro straps. d. Do not pull the Velcro straps too tight. Leave a little room for ventilation and comfort. e. Side panels should just meet if the vest is properly worn. No excessive gaps should exist. Bullet resistant vests should be cared for as outlined in the instructions provided with the vest, with particular attention to the following points: a. When possible, the vest should be stored flat, with the ballistic panels smoothed out. b. In the event that flat storage of vests is impractical, vests should be hung with a clip type hanger, alternating the direction of hanging at regular intervals. That is, vests should be hung right side up, then upside down, alternately. When utilizing a clip type hanger, the clip must be affixed to both the carrier and the ballistic panel. This will reduce the possibility of curling and prevent the stretching of the elastic straps. c. The vest should never be stored long term in a vehicle, particularly in the trunk of a vehicle due to temperature extremes. d. The vest should never be stored where any abrasive surface could degrade either the carrier or the ballistic panel. e. The vest should be stored out of sunlight, which can fade the carrier and possibly damage the ballistic material. f. When putting on or taking off the vest, exercise care not to crush the ballistic panel excessively. The Velcro fasteners must be opened and the vest should be put on and taken off over the head. Uniformed members of the service are reminded to follow the washing instructions attached to the label of the protective vest, especially the following: a. Remove ballistic filler inserts from the front and back of outer-shell vest (carrier) PRIOR TO WASHING OUTER SHELL. b. DO NOT USE BLEACH on ballistic panels. c. DO NOT MACHINE WASH ballistic panels. d. Make certain outer-shell carrier is completely dry before inserting ballistic panels. e. Ballistic panels should be washed using a low sudsing detergent and a damp sponge. f. Protective vests shall not be submerged in water. g. Ballistic panels should not be dried in sunlight or a dryer. They should be put on a flat surface and allowed to dry in a cool dark place. h. Outer shell Velcro straps should be secured prior to washing. Protective vests that become worn or damaged due to negligence in care or storage, ill fitting due to a member of the service's weight gain or loss, or lost due to a member's negligence, shall be replaced by member concerned using annual uniform allowance funds. When vests are lost or damaged in the performance of duty, follow P.G. 204-07, "Lost or Damaged Uniform." RELATED PROCEDURES Optional Uniform Items (P.G. 204-04) Protective Vests (P.G. 204-18) Firearms Discharged by Uniformed Members of the Service (P.G. 212-29) Line of Duty Injury or Death Occurring Within City (P.G. 205-05) Lost or Damaged Uniform (P.G. 204-07) Inspection of Uniforms (A.G. 305-06) Expense Bills (A.G. 316-24) Force Record (A.G. 322-18) P.G. 204-20 Dual Purpose Disorder Control/Scooter Helmets Replacement Parts Date Effective: 08/01/13 PURPOSE To replace parts of a Dual Purpose Disorder Control/Scooter Helmet. PROCEDURE When necessary to replace a part of a Dual Purpose Disorder Control/Scooter Helmet. U.M.O.S. 1. Bring helmet and damaged part(s) to commanding officer/designee. COMMANDING OFFICER/DESIGNEE 2. Examine helmet and damaged part(s). 3. Ascertain details regarding damaged part(s). 4. Take appropriate action (e.g. Command Discipline) if inquiry reveals that the circumstances causing damage to the helmet or parts were due to individual carelessness, misuse or abuse. 5. Prepare two copies of request on Typed Letterhead to Commanding Officer, Quartermaster Section including: a. Circumstances leading to damage b. Whether damage caused by carelessness, misuse or abuse c. Corrective action taken, if appropriate. 6. Forward original request and REQUEST FOR SUPPLIES (PD561-160) with damaged part(s) to borough equipment coordinator. a. File duplicate request at command. BOROUGH EQUIPMENT COORDINATOR 7. Review request(s) and prepare a consolidated REQUEST FOR SUPPLIES. 8. Forward request(s) and REQUEST FOR SUPPLIES to Quartermaster Section. NOTE: In case emergency replacement is required, telephone the Quartermaster Section at (718) 476-7567, (Monday to Friday, 0800 to 1600 hours, except holidays) and be guided by their instructions. QUARTERMASTER SECTION 9. Issue replacement part(s) as available. a. Retain original copy of typed request, original and duplicate of REQUEST FOR SUPPLIES and damaged part(s). b. Return triplicate of REQUEST FOR SUPPLIES to borough equipment coordinator as receipt. BOROUGH EQUIPMENT COORDINATOR 10. Deliver part(s) and receipt to requesting command(s). COMMANDING OFFICER/DESIGNEE 11. Ensure replacement part(s) issued to requesting member of the service. 12. File REQUEST FOR SUPPLIES as per instructions on form. ADDITIONAL DATA Helmet inspections, with verification of shield numbers, will be the subject of the semi-annual inspection conducted during the months of May and November. FORMS AND REPORTS REQUEST FOR SUPPLIES (PD561-160) Personnel Matters P.G. 205-01 Reporting Sick Date Effective: 08-01-13 PURPOSE To notify the Department when a member is unable to perform duty due to illness, injury or any other physical/psychological condition. NOTE: It is not necessary to report sick to request a limited capacity assignment from a district surgeon. DEFINITION ADMINISTRATIVE RETURN - a sick excusal for one tour, which does not require a visit to a district surgeon. A request for Administrative Return must be made at least two hours prior to the start of the tour for which the leave will be granted. A uniformed member of the service must report for duty on the next scheduled tour following the administrative excusal. However, if the sickness continues into the next day, the uniformed member of the service may request a second Administrative Return at least two hours prior to the start of the next scheduled tour. The first and second Administrative Returns will count as one sick incident. Administrative Return is NOT authorized for: a. Injuries b. Line of Duty injuries or illnesses c. Uniformed member of the service designated Chronic Absent - Category B d. Dental problems e. Stress-related or other psychological conditions f. Major illnesses g. When, in the judgment of the supervisor, it is inappropriate. PROCEDURE When illness, injury or any other physical/psychological condition prevents the performance of duty: UNIFORMED MEMBER OF THE SERVICE 1. Notify desk officer/supervisor at assigned command by telephone, in person, or by competent messenger at least two hours before the start of a scheduled tour. a. Have responsible person make notification by telephone, if incapable of making notification due to disability/sickness during the two hours prior to start of scheduled tour. b. Notify the Medical Division Sick Desk direct when assigned command is closed and follow the guidelines outlined in step "4" subdivisions "a" through "d." (1) Notify desk officer/supervisor at assigned command and provide sick serial number when command reopens. DESK OFFICER/SUPERVISOR 2. Offer uniformed member of the service Administrative Return, in cases of minor, non-line of duty illness, if eligible. a. Advise member concerned: (1) That each administrative excusal is for one tour (2) Must remain at residence or other authorized location unless permission to leave is granted by district surgeon or Sick Desk supervisor. b. Indicate on pertinent records (ROLL CALL, SICK LOG [PD429-143], etc.) if member has accepted Administrative Return. 3. Direct uniformed member of the service to report to Department Surgeon if member is ineligible for, or refuses Administrative Return. UNIFORMED MEMBER OF THE SERVICE 4. Report sick through the Medical Division's Sick Desk, and: a. Obtain sick serial number b. Advise Sick Desk member of any change of address/location or telephone number. c. Obtain name of Sick Desk member and record time notified d. Remain at residence or other authorized location unless permission to leave is granted by district surgeon or Sick Desk supervisor. 5. Provide desk officer/supervisor at assigned command with the sick serial number obtained from the Sick Desk. DESK OFFICER/SUPERVISOR 6. Make return telephone call to verify that member is at stated location. NOTE: If member is not at stated location, the Sick Desk supervisor will be notified for a referral to the Medical Division's Absence Control and Investigations Unit. 7. Notify Sick Desk supervisor if special or unusual circumstances exist regarding member reporting sick (e.g., member reporting sick from out of state or out of country, etc.) 8. Notify Medical Division's Absence Control and Investigations Unit if member is suspected of malingering. 9. Make appropriate entry on pertinent ROLL CALLS and notify relieving desk officer/supervisor if member is scheduled to perform duty with either of the next two platoons. 10. Record pertinent information (including the sick serial number provided by member of the service who reported sick) in SICK LOG. NOTE: Information received is to be treated in a confidential manner. SICK LOGS and other sick records should be maintained and stored separately from other Command Logs/records, and accessible only to persons authorized by the commanding officer to have access to the logs/records for the proper discharge of their duties. 11. Query Medical Division Sick Reporting System via the Department Intranet to ensure the member who reported sick is listed as being on sick report. 12. Access Medical Division Sick Reporting System at the start of tour to determine which members assigned to command are on sick report and/or not on full duty status. ROLL CALL SUPERVISOR 13. Access Medical Division Sick Reporting System, periodically throughout tour, to ascertain if members of the command have reported sick, their scheduled return to duty and duty status, in order to prepare ROLL CALLS and update pertinent command records. MEMBER ON ADMINISTRATIVE RETURN 14. Notify desk officer/supervisor at assigned command and Sick Desk at least two hours before next scheduled tour, if unable to report for duty due to continuation of illness. NOTE: Member will continue on sick report and report to Department surgeon. This will count as one sick incident, upon consolidation by the Medical Division. UNIFORMED MEMBER OF THE SERVICE 15. Report to Department Surgeon at next office hours. COMMANDING OFFICER 16. Ensure desk officer/supervisor reviews the Medical Division Sick Reporting System, via the Department Intranet, at the beginning of each tour. 17. Ensure roll call supervisor reviews the Medical Division Sick Reporting System, via the Department Intranet, periodically throughout the tour. MEMBER UNABLE TO VISIT DEPARTMENT SURGEON UNIFORMED MEMBER OF THE SERVICE 18. Notify commanding officer and Sick Desk supervisor of inability to visit Department surgeon. COMMANDING OFFICER 19. Make entry on ABSENCE AND TARDINESS RECORD (PD433-145) under caption "Investigative-Interview" concerning the interview and probable date of visit to Department surgeon. 20. Notify member's Department surgeon of results of interview and probable date of visit. ADDITIONAL DATA A uniformed member of the service on terminal leave may not be placed on sick report unless sickness or injury is the result of line of duty action while on terminal leave. A uniformed member of the service will not be permitted to report sick with a self-designated diagnosis of "old line of duty injury." Designation of "old line of duty injury" for a specific sick event will be granted only upon examination and interview of the requesting member by a Department surgeon. RELATED PROCEDURES Pregnancy Leave For Uniformed Members Of The Service (P.G. 205-27) Absence Control (A.G. 318-12) Chronic Absence Control Program (P.G. 205-45) Reporting to Department Surgeon and Returning to Duty from Sick Report (P.G. 205-60) Notifying Court, Trial Room or Other Agencies when Member Reports Sick (P.G. 205-61) FORMS AND REPORTS ROLL CALL (PD406-144) SICK LOG (PD429-143) ABSENCE AND TARDINESS RECORD (PD433-145) P.G. 205-02 Reporting Sick From Outside City And Outside Residence Counties Date Effective: 08/01/13 PURPOSE To report an injury or sick outside the city and outside residence counties. DEFINITION RESIDENCE COUNTIES - The six counties outside New York City where uniformed members of the service are permitted to live, i.e., Nassau, Suffolk, Westchester, Rockland, Orange and Putnam. PROCEDURE Upon becoming sick or injured outside the city or residence counties to an extent that would prevent the proper performance of duty: UNIFORMED MEMBER OF THE SERVICE 1. Phone Medical Division - Sick Desk or send telegram to Commanding Officer, Medical Division, 59-17 Junction Boulevard, 16th Floor (1 Lefrak City Plaza), Corona, New York 11368. 2. Give the following information: a. Name, rank, and shield number, permanent and temporary command, if any b. Present location and telephone number c. Nature of disability d. Name, address, and telephone number of attending physician e. Date of probable return to duty f. Scheduled appearances in court, trial room or before other government agencies. 3. Obtain letter from attending physician describing disability and prognosis. a. Send letter to the Commanding Officer, Medical Division. 4. Comply with instructions received from the C.O., Medical Division. a. Visit Medical Division or district surgeon as required. UPON BEING DIRECTED TO RETURN TO DUTY BY A DEPARTMENT SURGEON: UNIFORMED MEMBER OF THE SERVICE 5. Notify command by telephone of effective time and date of order to report for duty. a. Include limitations, if any, on type of duty to be performed. 6. Report for duty when ordered. 7. Deliver SICK REPORT RETURN (PD429-131) to desk officer, upon return to duty. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Pregnancy Leave For Uniformed Members of the Service (P.G. 205-27) Absence Control (A.G. 318-12) Chronic Absence Control Program (P.G. 205-45) FORMS AND REPORTS SICK REPORT RETURN (PD429-131) P.G. 205-03 Responsibility For Weapons While Sick Date Effective: 08-01-13 PURPOSE To safeguard member's weapons, shield and IDENTIFICATION CARD (PD416-091) while on sick report. PROCEDURE While on sick report: UNIFORMED MEMBER OF THE SERVICE 1. Safeguard pistols, revolvers, shield and identification card. 2. Deliver to desk officer of resident precinct when unable to safeguard. a. If unable to deliver, notify desk officer of permanent command. DESK OFFICER 3. Check FORCE RECORD (PD406-143) to determine firearms to be safeguarded. 4. Determine the location and length of time property to be safeguarded. 5. Notify desk officer of a specified precinct to assign a supervising officer to the location to obtain property. a. Precinct designated will be determined by location of property. SUPERVISING OFFICER, DESIGNATED PRECINCT 6. Visit location and obtain property. 7. Prepare one copy of PROPERTY CLERK INVOICE (PD521-141) for firearms obtained. a. Mark INVOICE "Property of Sick Member, Held for Safekeeping Only." 8. Deliver all property to desk officer with copy of PROPERTY CLERK INVOICE. 9. Make ACTIVITY LOG (PD 112-145) entry of facts. COMMAND CLERK 10. Prepare PROPERTY CLERK INVOICE for weapons being safeguarded. 11. Prepare two copies of report on Typed Letterhead indicating circumstances, numbers on shield and identification card being safeguarded, if items removed from uniformed member of the service. DESK OFFICER 12. Make Command Log entry of facts. 13. Store property at command, if safeguarding required less than one week. 14. Forward firearms to Property Clerk borough office with PROPERTY CLERK INVOICE after one week. 15. Forward shield and identification card with report on Typed Letterhead to Identification Card and Shield Unit after one week. COMMAND CLERK 16. Prepare copies of authorization to obtain property from Property Clerk and Identification Card and Shield Unit when member capable of caring for property. DESK OFFICER 17. Sign authorization and deliver to member's command. UNIFORMED MEMBER OF THE SERVICE 18. Pick up property at command where stored. 19. Sign bottom of authorization as receipt for property. FORMS AND REPORTS ACTIVITY LOG (PD 112-145) FORCE RECORD (PD406-143) PROPERTY CLERK INVOICE (PD521-141) P.G. 205-04 Department Ambulance Service Date Effective: 08/01/13 PURPOSE To provide ambulance service, oxygen therapy and/or medical appliances under certain circumstances. ELIGIBILITY Uniformed members of the service, active and retired, and members of their immediate families. PROCEDURE When Department ambulance service, oxygen therapy and/or medical appliances are required. UNIFORMED MEMBER OF THE SERVICE 1. Telephone Emergency Medical Squad, Emergency Service Unit. 2. Advise dispatcher of service required. NOTE: Emotionally disturbed persons or cases in which an airborne contagious disease is diagnosed or suspected are not to be transported in Department Ambulance. EMERGENCY MEDICAL SQUAD DISPATCHER 3. Notify Special Operations Division if vehicle is to respond to location outside New York City. 4. Make required Log entries. ADDITIONAL DATA Ambulance service, oxygen therapy and/or medical appliances, including hospital beds, wheelchairs, walkerettes, etc., are available Monday through Friday, from 0630 to 2300 hours. Ambulance service is available at other times, if sufficient notice is given. In emergency cases where oxygen therapy is already in place, Emergency Service Units can provide oxygen bottles until such time as the Emergency Medical Squad can provide a replacement. Emergency Medical Squad vehicles will respond to locations within New York City or a 250 mile radius, without prior approval, providing that one point of trip is within the confines of New York City. a. Any variations of the above must be approved by the Commanding Officer, Emergency Medical Squad or the Director of the Police Relief Fund. P.G. 205-05 Line Of Duty Injury Or Death Occurring Within City Date Effective: 08-19-13 PURPOSE To report and record line of duty injuries and deaths occurring within the city. DEFINITION INVESTIGATING SUPERVISOR - As used in this procedure will be as follows: a. The platoon commander, precinct of occurrence, if available, will act as the investigating supervisor and will complete parts "A" and "B" of the LINE OF DUTY INJURY REPORT (PD429-154). b. If platoon commander is unavailable, a patrol supervisor, precinct of occurrence, will act as the investigating supervisor and will complete part "B" of the LINE OF DUTY INJURY REPORT. The desk officer will designate a second supervisor, assigned to the precinct of occurrence to prepare part "A" of the REPORT. If a second supervisor is unavailable, the desk officer will prepare part "A" of the REPORT. Only the platoon commander, precinct of occurrence, may prepare both parts "A" and "B" of a LINE OF DUTY INJURY REPORT. In addition, if the injured member is assigned to other than a precinct command, or the Police Academy, a supervising officer of such member's command, if available, will perform the tasks of the investigating supervisor. If the injured member dies or is likely to die, the precinct commander/duty captain will be the investigating supervisor. PROCEDURE Upon receiving an injury in the performance of police duty, whether on or off duty, or arriving at a location where a uniformed member of the service is injured: UNIFORMED MEMBER OF THE SERVICE 1. Request patrol supervisor to respond. 2. Notify desk officer of: a. Circumstances of injury b. Names and addresses of witnesses c. Whether reporting sick. 3. Request witnesses to await arrival of supervisor. 4. Remain at scene unless: a. Hospitalization or medical attention is required b. Further police action is necessary. DESK OFFICER 5. Notify the investigating supervisor, as indicated in the above "DEFINITION." 6. Notify injured member's command if member is not assigned to precinct of occurrence. 7. Notify precinct commander or duty captain if member dies or is likely to die. 8. Notify borough commander and Operations Unit if member dies. 9. Immediately notify the Sick Desk supervisor (718) 760-7606 or Sick Desk ([718] 760-7600) when any of the following conditions, relating to a line of duty injury exist: a. Where the incident causing the injury was NOT specifically witnessed, AND b. Injury occurred within any police facility (building, office, etc.), OR c. Injury occurred in the immediate vicinity of any police facility (parking lot, perimeter sidewalk, etc.), OR d. Injury occurred during the first two hours of a tour. e. Any request for line of duty injury designation by an off-duty uniformed member of the service. NOTE: See Additional Data for hospital guidelines regarding members seriously injured or killed in line of duty. PATROL SUPERVISOR 10. Respond to scene. 11. Request desk officer to designate a second supervisor, precinct of occurrence, to complete part "A" of LINE OF DUTY IN JURY REPORT. a. If a second supervisor is unavailable, the desk officer will complete part "A" of the REPORT. DESIGNATED SUPERVISOR 12. Complete part "A" of LINE OF DUTY INJURY REPORT. INVESTIGATING SUPERVISOR 13. Interview injured member and investigate circumstances. 14. Make initial report to desk officer without delay. 15. Notify the Operations Unit promptly, if the member of the service injured requires hospital treatment. a. An additional notification to the Operations Unit is also required before final reports are prepared to update Operations of the status of the injured member of the service. NOTE: This notification is in addition to, and does not preclude the requirement for other notifications to Operations as indicated elsewhere in this procedure. 16. Interview witnesses and request them to prepare and sign WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065). 17. Complete part "B" of LINE OF DUTY INJURY REPORT. 18. Prepare Police Accident Report (MV104AN), if vehicle collision involved. 19. Direct injured member, or if he is incapacitated assign a member, to prepare an AIDED REPORT (PD304-152) if a vehicle is not involved. 20. Instruct injured member to complete part "C" of LINE OF DUTY INJURY REPORT if member requests line of duty designation of injury. NOTE: Part "C" of LINE OF DUTY INJURY REPORT will be completed by precinct commander/duty captain if injured member is unable to do so. 21. Deliver completed reports to desk officer. DESK OFFICER 22. Obtain Sick Desk control number whether injured member reports sick or not. 23. Make entry on SICK LOG (PD429-143) if injured member reports sick. 24. Fax the worksheet copy of the LINE OF DUTY INJURY REPORT to Medical Division's Sick Desk Supervisor at (718) 760-8269. NOTE: Faxing the worksheet copy of the LINE OF DUTY INJURY REPORT to the Medical Division's Sick Desk Supervisor enables the Medical Division to make a preliminary determination regarding whether the injured member of the service qualifies for the "Line-of Duty Prescription Program." Faxing the worksheet copy does not eliminate the requirement of forwarding the finalized copy of the LINE OF DUTY INJURY REPORT with all of the required signatures to the Medical Division. 25. Photocopy LINE OF DUTY INJURY REPORT and forward direct to Medical Division, attention Line of Duty Desk. 26. Immediately deliver completed LINE OF DUTY INJURY REPORT and WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT to precinct commander/duty captain. 27. Forward AIDED REPORT or Police Accident Report in normal manner: a. Forward copy of reports to injured member's command if not assigned to precinct of occurrence b. Have copies of reports forwarded to Police Pension Fund if member is killed in the line of duty or seriously injured and likely to die. PRECINCT COMMANDING OFFICER, DUTY CAPTAIN 28. Review LINE OF DUTY INJURY REPORT and WITNESS STATEMENT-INJURY TO MEMBER OF THE DEPARTMENT, indicate approval or disapproval, and sign. a. If disapproved, indicate reason on rear of original LINE OF DUTY INJURY REPORT. NOTE: See "ADDITIONAL DATA" for further information regarding line of duty designations by Medical Division. 29. Prepare a comprehensive report on Typed Letterhead addressed to the Commanding Officer, Medical Division detailing the circumstances of the injury when the injured member of the service is a Probationary Police Officer. 30. Prepare unusual occurrence report for line of duty death or serious injury and likely to die and forward as indicated in P.G. 212-09, "Unusual Occurrence Reports." 31. Forward LINE OF DUTY INJURY REPORT per directions on form with WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT and comprehensive report on Typed Letterhead, if applicable, attached. a. Have copies of these reports forwarded to Police Pension Fund if line of duty death or serious injury and likely to die. 32. Comply with the pertinent provisions of the Trauma Counseling Program as indicated in P.G. 205- 08, "Trauma Counseling Program." ADDITIONAL DATA When a member of the service is treated at a hospital for a line of duty injury, the following information, ONLY, is to be entered in hospital records pertaining to address and telephone number of injured member: * Police Department, City of New York, Medical Division, 1 Lefrak City Plaza, 59-17 Junction Boulevard, Corona, New York 11368, Room 1524; telephone number (718) 760-7573, Monday - Friday, 0900-1700 hours; (718) 760-7600, all other hours. Member's command, home address and telephone number will not be disclosed to hospital authorities or anyone else unless authorized supervisory officer determines requesting person is entitled to the information. When a uniformed member of the service is struck by a bullet on a protective vest and is apparently uninjured, the member must be examined by a doctor to ascertain if a blunt body trauma or internal injury has occurred. When an injured member is hospitalized or dies, the patrol supervisor will ensure that firearms, Department property (shield, identification card, nameplate, etc.), and personal effects of member are removed and safeguarded. Medical Division will make final determination of APPROVAL/ DISAPPROVAL of ALL applications for line of duty injury/illness designation and will notify the commanding officer of member concerned of final designation. Uniformed members of the service may request verification of the final designation from the commanding officer. NOTE: Retired uniformed members of the service may request verification of the final designation, in writing, to the Medical Division, 1 Lefrak City Plaza, 59-17 Junction Boulevard, Corona, New York. HOSPITAL GUIDELINES REGARDING UNIFORMED MEMBERS OF THE SERVICE SERIOUSLY INJURED OR KILLED IN THE LINE OF DUTY: When a uniformed member of the service is seriously injured or killed in the line of duty, the Operations Unit will notify the following members of the service to respond to the hospital: a. Police Commissioner b. First Deputy Commissioner (if Police Commissioner is not available) c. Chief of Department d. Chief of Detectives (to supervise investigation) e. Bureau chief of the injured or deceased member f. Deputy Commissioner-Public Information g. Supervising Chief Surgeon h. Department Chaplain i. Commanding Officer, Employee Relations Section j. Lieutenant-Employee Relations Section, borough concerned k. Patrol borough commanding officer l. Patrol borough executive officer (if borough commanding officer is not available) m. Duty inspector (to supervise and control access to emergency room and adjacent areas by responding members of the service n. Patrol borough operations commander (if duty inspector not available) o. Commanding officer/duty captain (will prepare the Unusual Occurrence Report) p. Detective borough commander q. Detective assigned to investigate the case r. Crime Scene Unit detective or technician s. Policewomen's Endowment Association representative if a female police officer is the victim t. Line organization representative u. Early Intervention Unit representative (EIU) v. Police Organization Providing Peer Assistance (POPPA) representative The following members of the service will be permitted to speak to the injured member or view the body of the deceased member: a. Police Commissioner b. First Deputy Commissioner c. Chief of Department d. Bureau chief concerned e. Patrol borough commanding officer (or representative) f. Detective assigned to the case g. Crime Scene Unit detective or technician h. Union representative i. Policewomen's Endowment Association representative if a female police officer is the victim j. Department Chaplain The hospital guidelines also apply to uniformed member of the service seriously injured or killed in the line of duty within residence counties. Uniformed members of the service and/or their families may be entitled to both medical and financial benefits under the Federal Employees Compensation Act (F.E.C.A.), if a Federal Statute was violated and the injury occurred while apprehending or attempting to apprehend an individual who violated such statute. Therefore, the investigating supervisor will make an entry on the LINE OF DUTY INJURY REPORT (PD429-154), in box captioned "Patrol Command Supervisors Report of Injury," indicating whether the injury comes under F.E.C.A. or whether F.E.C.A. does not apply in this case. If the injury comes under F.E.C.A., the member's commanding officer will forward the following items to Medical Division, (attn. Federal Compensation Liaison Officer), 1 Lefrak City Plaza, within ninety days of occurrence: a. Copy of LINE OF DUTY INJURY REPORT and WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065), if prepared. b. Copy of Unusual Occurrence Report, if prepared. c. Copy of perpetrator's arrest history (rap sheet), if an arrest is effected. d. Copy of criminal court complaint, if arrest is effected. e. Copy of firearms trace, if weapon involved. f. Copy of a fully completed United States Department of Labor form BEC721a entitled, "Notice of Law Enforcement Officer's Injury or Occupational Disease." (Form may be obtained from Federal Compensation Liaison Office.) In unusual circumstances, when a line of duty designation cannot be made expeditiously pending the results of an investigation or other circumstances, the ranking officer responsible for forwarding the LINE OF DUTY INJURY REPORT to the Medical Division will have report prepared on Typed Letterhead, clearly indicating the reasons for the delay and the approximate time period required to complete the investigation. The Typed Letterhead will be forwarded to the Medical Division within sixty days from the date that the initial request for line of duty designation was made. Subsequent reports will be forwarded for each additional sixty day period, if necessary. To provide the Federal Bureau of Investigation (F.B.I.) statistical and descriptive information for use in law enforcement training, the Commanding Officer, Medical Division will provide the Chief of Department Investigation Review Section with copies of LINE OF DUTY INJURY REPORTS for shot or stabbed officers. RELATED PROCEDURES Aided Cases-General Procedure (P.G. 216-01) Department Vehicle Collisions (P.G. 217-06) Unusual Occurrence Reports (P.G. 212-09) Firearms Discharge and Assaults Involving Uniformed Members of the Service (P.G. 212-29) Reporting Sick (P.G. 205-01) Supervision of Member of the Service Receiving Physical Therapy for Line Of Duty Injuries (P.G. 205-09) Exposure of Members of the Service to Infectious Diseases Hazardous Materials (P.G. 205-10) Line Of Duty Injury or Death From Outside City and Residence Counties (P.G. 205-02) Trauma Counseling Program (P.G. 205-08) Death of Member of the Service (P.G. 205-07) FORMS AND REPORTS AIDED REPORT (PD304-152) LINE OF DUTY INJURY REPORT (PD429-154) POLICE ACCIDENT REPORT (MV104AN) SICK LOG (PD429-143) UNUSUAL OCCURRENCE REPORT (PD 370-152) WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065) Typed Letterhead P.G. 205-06 Line Of Duty Injury Or Death - Outside City In Residence Counties Date Effective: 08-01-13 PURPOSE To report a line of duty injury or death incurred by a uniformed member of the service outside the city within residence counties. DEFINITIONS RESIDENCE COUNTIES - The six counties outside New York City wherein uniformed members of the service are permitted to live, i.e., Nassau, Suffolk, Westchester, Rockland, Orange and Putnam. INJURED IN LINE OF DUTY OUTSIDE NEW YORK CITY - Injured while performing duty that uniformed member was specifically assigned to perform, outside the city, by competent authority within the Department or while taking police action as authorized by Section 140.10 of the Criminal Procedure Law. PROCEDURE When injured in the line of duty in one of the residence counties whether reporting sick or not: UNIFORMED MEMBER OF THE SERVICE 1. Notify local police authorities if appropriate. 2. Telephone Medical Division, Sick Desk, giving: a. Circumstances b. Names and addresses of witnesses. NOTE: If unable to call Medical Division, Sick Desk, request responsible person to make notification. 3. Comply with instructions received from Sick Desk personnel. 4. Notify Operations Unit immediately if arrest involved. INVESTIGATING SUPERVISOR 5. Respond to location and conduct investigation as specified in P.G. 205-05, "Line Of Duty Injury Or Death Occurring Within City." a. A Department vehicle may be used for this purpose without prior permission being obtained. DESK OFFICER 6. Make entries in Department records and insure that required forms have been prepared. ADDITIONAL DATA Uniformed members of the service and/or their families may be entitled to both medical and financial benefits under the Federal Employees Compensation Act (F.E.C.A.), if a Federal Statute was violated and the injury occurred while apprehending or attempting to apprehend an individual who violated such statute. Therefore, the investigating supervisor will make an entry on the LINE OF DUTY INJURY REPORT (PD429-154) in box captioned "Patrol Command Supervisor's Report of Injury," indicating whether the injury comes under F.E.C.A. or whether F.E.C.A. does not apply in this case. If the injury comes under F.E.C.A., the member's commanding officer will forward the following items to Medical Division, (Attn. Federal Compensation Liaison Officer), 1 Lefrak City Plaza, within ninety days of occurrence: a. Copy of LINE OF DUTY INJURY REPORT and WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065), if prepared. b. Copy of Unusual Occurrence Report, if prepared. c. Copy of perpetrator's arrest history (rap sheet), if an arrest is effected. d. Copy of criminal court complaint, if arrest is effected. e. Copy of firearms trace, if weapon involved. f. Copy of a fully completed United States Department of Labor form BEC-721a entitled, "Notice of Law Enforcement Officer's Injury or Occupational Disease." (Form may be obtained from Federal Compensation Liaison Office). RELATED PROCEDURES Line Of Duty Injury Or Death Occurring Within City (P.G. 205-05) FORMS AND REPORTS LINE OF DUTY INJURY REPORT (PD429-154) UNUSUAL OCCURRENCE REPORT (PD370-152) WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065) Unusual Occurrence Report P.G. 205-07 Death Of Member Of The Service Date Effective: 08/01/13 PURPOSE To record the death of a member of the service, uniformed and civilian. PROCEDURE Upon learning of the death of an active member of the command or a retired member of the service, uniformed or civilian residing within the command: DESK OFFICER 1. Cause the following information to be obtained. a. Rank, full name, shield number, command b. Time and date of death c. Place of death (residence, hospital, elsewhere) d. Residence address e. Funeral (time, date, location) f. Time, date and location of service g. Cemetery (name and location) h. Whether deceased was a member of a religious, fraternal or patriotic organization of this Department i. Whether chaplain is desired (state denomination) j. If uniformed member of the service, whether pallbearers or escort is desired k. Next of kin (full name, address, telephone number and relationship) l. Funeral director (name, address and telephone number) m. Whether deceased was a medal recipient (Honorable Mention and medal) n. If an active member - was death caused as result of performing police duty, or otherwise o. If a retired member - date of retirement. 2. Telephone information to Communications Section. a. If an active member of the service, uniformed or civilian, immediately notify the Internal Affairs Bureau, Command Center at (212) 741-8401. 3. Notify unit commander. 4. Post information on bulletin board for benefit of members of command if active member. COMMANDING OFFICER CONCERNED 5. Cause member's weapons and Department property to be obtained if active member. 6. Deliver non-department property from member's locker to authorized recipient where applicable. RELATED PROCEDURES Line of Duty Injury or Death Occurring Within City (P.G. 205-05) Line of Duty Injury or Death Outside City in Residence Counties (P.G. 205-06) P.G. 205-08 Trauma Counseling Program Date Effective: 08/01/13 PURPOSE To provide Trauma Counseling Services for members of the service (uniformed and civilian) involved in shooting incidents, disasters, or other violent occurrences resulting in death or injury. SCOPE A member of the service (uniformed or civilian) will be referred to the Trauma Counseling Program when involved in a shooting incident, disaster, or other violent occurrences resulting in death or injury. These include, but are not limited to, the following: a. Member is shot or otherwise seriously injured. b. Member discharges a weapon causing injury or death to another. c. Member causes, accidentally or otherwise, serious physical injury or death to another. d. Member is directly involved in an incident where his/her partner was killed or seriously injured, etc. e. Member is directly involved in incidents or serious disasters where multiple serious injuries and deaths have occurred. The Trauma Counseling Team will respond to all incidents involving: a. Member of the service is shot, killed, or seriously injured in the performance of duty. b. Any incident pursuant to a request from a captain or above. PROCEDURE When a member of the service (uniformed or civilian) is involved in a shooting incident, disaster or other violent occurrence resulting in death or injury: DESK OFFICER 1. Notify Operations Unit and provide details of incident. OPERATIONS UNIT SUPERVISOR 2. Notify Sick Desk supervisor, provide detailed information and request response of Trauma Counseling Team. SICK DESK SUPERVISOR 3. Ascertain from Operations Unit and/or the ranking supervisor at the scene: a. Location the Trauma Team should respond to b. Name of supervisor who will be contact person at the scene. 4. Arrange for transportation of Trauma Team. RANKING SUPERVISOR AT SCENE 5. Ensure members in need of trauma counseling are available for interview, where possible, by responding Trauma Team upon their arrival. 6. Provide a suitable place for the trauma interview, where possible. SUPERVISOR TRAUMA COUNSELING TEAM 7. Respond to location and report to designated contact person at the scene. NOTE: Trauma Team members will wear authorized nylon windbreaker jackets with the NYPD logo on the front and the words "N.Y.C. POLICE" printed on the back (P.G. 204-04) "Optional Uniform Items"). TRAUMA COUNSELING TEAM 8. Respond, if required, to stationhouse of precinct of occurrence or other location, to make contact and converse with member(s) of the service involved in the incident. 9. Visit the place of occurrence, if necessary. 10. Notify the member concerned that he/she will be contacted for a follow-up meeting forty-eight hours after the event or initial contact, as appropriate. a. Any additional counseling/interview sessions after the forty-eight hour meeting will be scheduled within one to six weeks after the incident. NOTE: ALL CONVERSATION WITH THE TRAUMA COUNSELING TEAM BY MEMBERS OF THE SERVICE (UNIFORMED AND CIVILIAN) WILL BE STRICTLY CONFIDENTIAL. MEMBER OF THE SERVICE 11. Cooperate with members of the Trauma Counseling Team and keep appointments for follow-up meetings as scheduled. 12. Report to Psychological Services Unit or other location as required, forty-eight hours after the incident, or initial contact with Trauma Counseling Team. a. Report for additional follow-up counseling/interview meetings scheduled with the Trauma Counseling Team. COMMANDING OFFICER/DUTY CAPTAIN 13. Cooperate with members of the Trauma Counseling Team and permit them access to the individual member(s) of the service involved in the shooting, disaster or other violent event. 14. Verify that a member(s) of the service involved in the shooting, disaster or violent incident has been referred and contacted in person by a member of the Trauma Counseling Team. 15. Have UNUSUAL OCCURRENCE REPORT (PD370-152) prepared and list members of the service involved in the incident who were contacted by the Trauma Counseling Team. 16. Forward copies of the report, FIREARM DISCHARGE/ASSAULT REPORT (PD424-151), if prepared, and other reports prepared to the Commanding Officer, Medical Division, 59-17 Junction Boulevard, 16th Floor, Corona, New York 11368. ADDITIONAL DATA The Trauma Counseling Team is staffed by the Chief Surgeon, Director, Psychological Evaluations Unit and licensed certified professionals of the Medical Division. Trauma Team members will not interfere with on-going investigations. In addition, team members will not be assigned any duties outside their functions as Trauma Counselors when responding to the occurrence site. This procedure does not prevent in any way the voluntary use of or referral to any of the Employee Assistance Programs or units in the Department for any reason at any time. The services of the Trauma Counseling Team are also available to members who are involved in personal or family tragedies, e.g., violent criminal incidents involving themselves or their families, death in family, etc. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Line Of Duty Injury Or Death Occurring Within City (P.G. 205-05) Supervision Of Members Of The Service Receiving Physical Therapy For Line Of Duty Injuries (P.G. 205-09) Line Of Duty Injury Or Death Outside City In Residence Counties (P.G. 205-06) Firearms Discharge And Assaults Involving Uniformed Members Of The Service (P.G. 212-29) FORMS AND REPORTS FIREARM DISCHARGE/ASSAULT REPORT (PD424-151) UNUSUAL OCCURRENCE REPORT (PD370-152) P.G. 205-09 Supervision Of Members Of The Service Receiving Physical Therapy For Line Of Duty Injuries Date Effective: 08-01-13 PURPOSE To provide physical therapy treatments for members of the service injured in the line of duty. PROCEDURE When a district surgeon determines that a member of the service, injured in the line of duty requires physical therapy: DISTRICT SURGEON 1. Prepare REQUEST FOR MEDICAL SERVICE AUTHORIZATION (PD429-164). 2. Direct member concerned to report to the clinic supervisor to obtain forms necessary to obtain treatment. CLINIC SUPERVISOR 3. Provide the member with the following forms: a. CERTIFICATION OF LINE OF DUTY INJURY/AUTHORIZATION FOR TREATMENT (PD429-052) with attached Authorization for Release of Health Information Pursuant to HIPAA (OCA Official Form No. 960). b. THERAPY VERIFICATION (PD429-067). c. NOTIFICATION OF LINE OF DUTY THERAPY AUTHORIZATION (PD429-053). MEMBER CONCERNED 4. Initial item 9b of Authorization for Release of Health Information Pursuant to HIPAA and sign form. 5. Present photocopies of CERTIFICATION OF LINE OF DUTY INJURY/AUTHORIZATION FOR TREATMENT and Authorization for Release of Health Information Pursuant to HIPAA to the integrity control officer along with THERAPY VERIFICATION and NOTIFICATION OF LINE OF DUTY THERAPY AUTHORIZATION. INTEGRITY CONTROL OFFICER 6. Review forms and return THERAPY VERIFICATION to member. 7. Retain NOTIFICATION OF LINE OF DUTY THERAPY AUTHORIZATION and photocopies of CERTIFICATION OF LINE OF DUTY INJURY/AUTHORIZATION FOR TREATMENT and Authorization for Release of Health Information Pursuant to HIPAA for the duration of the member's physical therapy treatment. MEMBER CONCERNED 8. Present to therapist, prior to treatment, the CERTIFICATION OF LINE OF DUTY INJURY/AUTHORIZATION FOR TREATMENT with attached Authorization for Release of Health Information Pursuant to HIPAA. 9. Obtain schedule of treatments from therapy provider and forward to roll call personnel. NOTE: Report any changes of therapy schedule to roll call personnel. 10. Update THERAPY VERIFICATION form after each physical therapy session. INTEGRITY CONTROL OFFICER 11. Make periodic inquires to the therapy provider during the course of treatments to ensure member is properly attending therapy. NOTE: Physical therapy authorized by a district surgeon is never granted for a non line of duty injury. The fact that a member is on restricted duty does not entitle the member to attend physical therapy on duty. MEMBER CONCERNED 12. Return completed THERAPY VERIFICATION form to integrity control officer upon completion of final physical therapy treatment. INTEGRITY CONTROL OFFICER 13. Verify member's attendance for treatment at time and date specified on completed THERAPY VERIFICATION form. 14. Return copy of completed THERAPY VERIFICATION form to the Medical Bills Department of the Medical Division. ADDITIONAL DATA When members attend physical therapy at the beginning of a tour, the member will report on duty upon arrival at therapy location, and be given a reasonable amount of time to travel back to command upon completion. When members attend therapy in the middle of a tour of duty, the member will be given a reasonable amount of time to travel to the therapy location, complete the therapy, and be given a reasonable amount of travel back to command. When members attend therapy near the end of a tour of duty. The member will be given a reasonable amount of time to travel to therapy location. Upon completion, the member will end the tour at the therapy location and will not be granted time to travel to his/her residence. If the therapy is completed prior to the scheduled end of tour, the member must request lost time by calling the command. A member must submit a request for lost time if therapy commences after the start of tour and the member elects to travel from their residence to the therapy location direct. Alternatively, a member may request a tour adjustment and begin the tour upon arriving at therapy location, needs of the service permitting. A change of tour should not be granted for the sole purpose of ensuring therapy occurs during department time, (i.e., an officer assigned to a midnight tour should not be granted a tour change to a day tour to attend an afternoon therapy session.) District surgeons may authorize twelve physical therapy sessions to a member of the service, and may repeat the authorization two additional times for a total of thirty six sessions. A member who requires additional therapy beyond thirty six sessions must obtain authorization from a Department Orthopedist. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Line Of Duty Injury Or Death Occurring Within City (P.G. 205-05) Line Of Duty Injury Or Death Outside City In Residence Counties (P.G. 205-06) FORMS AND REPORTS REQUEST FOR MEDICAL SERVICE AUTHORIZATION (PD429-164) CERTIFICATION OF LINE OF DUTY INJURY/AUTHORIZATION FOR TREATMENT (PD429-052) THERAPY VERIFICATION (PD429-067) NOTIFICATION OF LINE OF DUTY THERAPY AUTHORIZATION (PD429-053) Authorization for Release of Health Information Pursuant to HIPAA (OCA Official Form No. 960) P.G. 205-10 Exposure Of Members Of The Service To Infectious Diseases Or Hazardous Materials Date Effective: 08-19-13 PURPOSE To provide instructions and minimize risk to members of the service (uniformed and civilian) or auxiliary police officers who have contact with or handle an animal or person who may have an infectious disease, or who have contact with or handle hazardous materials. DEFINITIONS INFECTIOUS DISEASE - as used in this procedure, includes diseases capable of being transmitted by contact with an infected animal's saliva or central nervous system tissue, or with an infected individual's blood or body fluids. HAZARDOUS MATERIAL - as used in this procedure, includes any chemical, biological, or radiological substance which is a health hazard. Chemical health hazards include carcinogens, toxic agents, irritants, corrosives, or agents which damage the lungs, skin, eyes, or mucous membranes, etc. Chemical physical hazards include flammable or combustible liquids, compressed gas, or explosive or reactive substances, etc. EXPOSURE TO AN INFECTIOUS DISEASE - as used in this procedure, includes those situations where a member of the service is exposed by airborne transmission or direct contact to an individual suspected of having a disease, or where a member comes in contact with the blood or body fluids of an individual suspected of having an infectious disease, or, where a member of the service is injured as the result of a human or animal bite, or hypodermic needle puncture, or other contaminated sharp instrument, or where a member of the service is exposed to an animal suspected of having an infectious disease, or where a member comes in contact with the saliva or central nervous system tissue of an animal suspected of having an infectious disease. EXPOSURE TO A HAZARDOUS MATERIAL - as used in this procedure, includes those situations where a member of the service is exposed to a hazardous material whether through inhalation, ingestion, skin contact, or parenteral contact. UNIVERSAL PRECAUTIONS - as used in this procedure, is an approach to infection control. According to this approach, all human blood and certain body fluids are to be treated as if they are known to be infectious for human immunodeficiency virus (HIV), hepatitis B virus (HBV), or other bloodborne pathogens; and in addition, all animal saliva and central nervous system tissue are to be treated as if they are known to be infectious for rabies. All efforts to avoid contact with these potentially infectious materials should be taken as well as utilizing whatever protective equipment is available. DESIGNATED OFFICER - an individual designated under 42 U.S.C. 300ff-86 by the Public Health Officer of the State involved (42 U.S.C. 300ff-76) to execute provisions of Section 411 of the Ryan White Comprehensive AIDS Resources Emergency Act regarding emergency response employees who request a determination whether they were exposed to an infectious disease. NOTE: To avoid unnecessary exposure, control of the aided/collision victim, or prisoner will be assigned to an officer at the scene who has already had contact with a person suspected of having an infectious disease. The assigned officer will be responsible for completing the processing of the individual. If there are numerous individuals involved, the patrol supervisor at the scene will be responsible for the coordination of information and documenting the name, etc., of the members of the service involved. This Department is offering certain members of the service the opportunity to receive, free of charge, pre-exposure, a series of three inoculations of the vaccine against Hepatitis B; and free of charge, post-exposure inoculation. This Department is offering certain members of the service the opportunity to receive, free of charge, pre-exposure, a routine annual or biannual, Mantoux (PPD) skin test against tuberculosis (based on a determination of a significant occupational exposure); and, free of charge, post-exposure, a Mantoux (PPD) skin test against tuberculosis (based on a determination of a significant exposure). PROCEDURE Upon being exposed to an infectious disease, hazardous material, or suffering a human or animal bite, or hypodermic needle puncture wound: MEMBER OF THE SERVICE 1. Comply with the guidelines listed in "ADDITIONAL DATA" statement of this procedure, when possible. 2. Notify desk officer, precinct of occurrence. NOTE: When exposure involves an actual injury, the member of the service concerned will be transported to the hospital for treatment and P.G. 205-05, "Line Of Duty Injury or Death Occurring within the City", or 205-06, "Line Of Duty Injury or Death Outside City in Residence Counties," will be complied with as appropriate. When exposure does not involve an actual injury and the exposure is related to tuberculosis, the member of the service concerned should consider this Department's offer of Mantoux (PPD) skin testing which is free of charge. When tested and the results are positive, notify Unit Safety Officer to initiate entry on State of New York - Department of Labor Log and Summary of Occupational Injuries and Illnesses (DOSH 900). Tuberculosis infection and tuberculosis disease are both recordable on DOSH 900 logs. A code (e.g., maiden name pseudonym) may be used to substitute for the description of injury or illness (column [F]). DESK OFFICER 3. Notify Medical Division, Sick Desk (718) 760-7600, and obtain exposure report number. 4. Make Command Log entry of information a. Include Exposure Report number in Log entry. 5. Notify designated Department surgeon of the facts involved. DEPARTMENT SURGEON 6. Contact member of the service involved and advise of necessary treatment. MEMBER OF THE SERVICE 7. Comply with directions of Department surgeon. NOTE: By telephoning this Department's designated officer at the Medical Division, Hazmat Unit (718) 760-7644 or 760-7653, emergency response employees, such as a law enforcement officer or auxiliary police officer, may submit a request for a determination whether they were exposed to a specific infectious disease when a victim of an emergency who was aided by the emergency response employee was transported to a medical facility. If it is determined that the emergency response employee may have been exposed to an infectious disease, a signed written request, along with the facts collected, must be sent by the designated officer to the medical facility to which the victim (or patient), i.e., aided or prisoner, was transported. After receiving a notification from the medical facility, to the extent practicable, the designated officer must immediately notify the member or members concerned. Whenever the designated officer discloses information related to Human Immunodeficiency Virus (HIV) to an emergency response employee, redisclosure by the emergency response employee is prohibited when not in conformance with state law. 8. Make ACTIVITY LOG (PD 112-145) entry of facts involved. a. Include Exposure Report number. ADDITIONAL DATA EXPOSURE TO INFECTIOUS DISEASES GUIDELINES a. Confer with Emergency Medical Service personnel, the individual's family, friends, neighbors, doctor, or appropriate agency as to the source individual's medical conditions, when circumstances permit. b. Wear disposable gloves if contact with individual's blood or body fluids is a possibility; and if a member who is routinely engaged in the capture or seizure of suspected rabid animals, wear heavy duty disposable rubber gloves if contact with animal's saliva or central nervous system tissue is a possibility. c. Wash hands with soap and water (disinfectant soap, if possible), after removing disposable gloves. Glove kits containing antiseptic wipes, gloves, and disposable bag should be used when hand-washing facilities are not available. d. Immediately and thoroughly wash hands or other unprotected body parts if they come in contact with individual's blood or body fluids, or if bitten, scratched, abraded, by an animal, or if there is contact between the member and the animal's saliva or nervous system tissue. Use disinfectant soap, if possible. e. Remove and machine wash (hot cycle), or have dry cleaned, as soon as possible, any part of uniform/civilian clothes that come in contact with an individual's blood or body fluids and promptly clean any equipment other than that made of fabric. f. Use extraordinary care to avoid accidental puncture wounds from needles which may be contaminated with potentially infectious material. g. Affix Biohazard Label to any property, evidence, or waste which may be contaminated. ACCIDENTAL SPILLS OF BLOOD OR BODY FLUIDS. A supply of household bleach will be maintained at all precinct/psa/district commands, emergency service units, borough court section facilities, and other appropriate sites. Accidental spills of blood or body fluids on floors, cells, RMP's or on other surfaces, other than clothing, or fabric may be cleaned by applying a FRESHLY MIXED solution of one part household bleach with ten parts water. It is imperative that the preceding mixture be carefully followed. Household bleach is not to be mixed with any solution other than water and it must be freshly mixed for each use. Members of the service (uniformed and civilian) are reminded that this mixture of bleach and water will cause damage if used to clean uniforms. Uniform items soiled with blood or body fluids can be effectively cleaned by routine laundering or dry cleaning procedures. Bleach should not be used to cleanse hands. In addition, bleach mixed with any substance other than water may cause a toxic gas. Therefore, disposal of bleach or bleach dilutions should be performed only in a sink (not a urinal or toilet since they sometimes contain chemical deodorizers). When preparing a bleach dilution, the container used for the diluted solution must be cleaned with water and free of any other solution. To prevent injury/infection when handling or forwarding hypodermic needles/syringes to the Property Clerk, members of the service will place such items in a hypodermic needle/syringe container by utilizing a one-handed "scoop" technique which uses the needle itself to pick up the hypodermic needle/syringe container. (By using one hand to hold the hypodermic syringe while moving the hypodermic needle toward the hypodermic needle/syringe container, the member of the service is moving the needle away from himself/herself. Members should not hold the container and move their hand toward the needle). The container will be capped, if possible. However, if the syringe extends beyond the container, it will be secured with tape. UNDER NO CIRCUMSTANCES SHOULD A MEMBER OF THE SERVICE ATTEMPT TO REMOVE, DISLODGE, OR BEND A NEEDLE FROM A HYPODERMIC SYRINGE. RELATED PROCEDURES Aided Cases - General (P.G. 216-01) Animal Bites (P.G. 216-09) Communicable Disease (P.G. 216-11) Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Care and Disposition of Animals (P.G. 214-33) Line of Duty Injury or Death Occurring Within New York City (P.G. 205-05) Use of Patrol Kits (P.G. 219-17) FORMS AND REPORTS ACTIVITY LOG (PD 112-145) P.G. 205-11 Request For Pre-Exposure Vaccination Against Hepatitis B Date Effective: 08/01/13 PURPOSE To provide members of the service (uniformed and civilian) who risk a potential significant exposure to Hepatitis B virus during the performance of duty with the opportunity to participate in this Department's Hepatitis B Pre-Exposure Vaccination Safety Program. DEFINITION OCCUPATIONAL EXPOSURE is considered to be reasonably anticipated contact with a vulnerable point of entry of the member of the service, such as: a. Eyes b. Mouth c. Other mucous membranes d. Broken skin AND a potentially infectious substance, such as: (a) Blood (b) Body fluids/secretions (i.e., semen, vaginal secretions, amniotic fluid, human tissue or organs). PROCEDURE To obtain the series of three inoculations of the vaccine against Hepatitis B: COMMANDING OFFICER, POLICE ACADEMY 1. Provide training sergeants from patrol and non-patrol commands with appropriate instructions, instructor guides and materials, prior to the command level training cycle or its equivalent. COMMANDING OFFICER CONCERNED 2. Ensure that EVERY member receives blood borne disease "Right-to-Know" training and that members in the designated titles listed below be offered the opportunity to receive free of charge, a series of three inoculations of the vaccine against Hepatitis B. Have members of the service in designated titles, who have not already done so, prepare and return the HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION (PD429-147): a. Uniformed members of the service b. Assistant Stock Handlers and related titles or assignments within the Property Clerk Division who may handle vouchered items such as blood contaminated evidence c. Associate Traffic Enforcement Agent d. Auto Mechanic Diesel e. Auto Mechanics and related titles f. Auxiliary Police Officers g. Cadets and related titles h. Chemist and Criminalists i. City Research Scientists j. Custodians and related titles k. Electrician and related titles l. Evidence and Property Control Specialists m. Fingerprint technicians and related titles n. Industrial Hygienists o. Maintenance Worker p. Motor Vehicle Operators q. Nurses r. Photographers and Senior Photographers s. Plumbers and related titles t. Police Attendants u. School Crossing Guards v. School Safety Agents Level 1-3 w. Surgeons and Dentists x. Traffic Enforcement Agents NOTE: Other titles/assignments not listed will be considered on a case by case basis by the Occupational Safety and Health Unit. TRAINING SERGEANT 3. Report, as directed, to the Police Academy for instruction and materials. NOTE: Commanding officers of units that do not receive command level training are responsible to ensure that an appropriate member of the command is designated training sergeant and attends pre-cycle instruction. Contact Police Academy In-Service Training Unit at (212) 477-9200 for additional information. 4. Prepare and deliver mandated training to all members assigned to the command. 5. Distribute HEPATITIS B VACCINATION ACCEPTANCE/ DECLINATION form to all members in designated titles, if not already distributed. MEMBER OF THE SERVICE 6. Prepare HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION form indicating intention to accept or decline vaccination by signing the appropriate section after receiving "Right-to-Know" training in blood borne diseases. NOTE: If a member has received Hepatitis B inoculations within the past seven years, he or she must so indicate on the bottom of the form. TRAINING SERGEANT 7. Collect HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION forms from each member of the service in designated titles. 8. Place a photocopy of each HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION form in the command's Occupational Safety and Health Administration (OSHA) file. 9. Forward summary, upon completion of training cycle, indicating number of members of the command, by title, who accept or decline vaccinations, to the borough safety officer or overhead command counterpart. 10. Forward completed ORIGINAL HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION forms to the Commanding Officer, Medical Division, Attention: Hepatitis B Pre-Exposure Vaccination Safety Program, via Department mail. COMMANDING OFFICER 11. Prepare and forward a report to the Chief of Personnel (through channels), upon the completion of each relevant training cycle, verifying that every member of the command, in the designated titles, who have not already done so, has signed a HEPATITIS B VACCINATION ACCEPTANCE/DECLINATION form. BOROUGH SAFETY OFFICER/ BUREAU EQUIVALENT 12. Prepare a consolidated summary for the borough/bureau on the 10th of each month, until all training on Hepatitis B within the borough/bureau is completed, indicating the number of members who have been trained and have accepted or declined vaccinations. 13. Forward report of consolidated summary to the Commanding Officer, Medical Division. SUPERVISING CHIEF SURGEON 14. Establish and maintain inoculation protocol. COMMANDING OFFICER, MEDICAL DIVISION 15. Administer inoculation program under the direction of the Supervising Chief Surgeon. ADDITIONAL DATA Members of the service should note that participation in the inoculation program is entirely voluntary and will be free of charge to participants. It should also be noted that members must receive the entire three-inoculation series in order to ensure effective protection against Hepatitis B. Vaccination will be provided to members of the service at no charge, and during regularly scheduled tours of duty. Under no circumstances will overtime be granted to facilitate vaccination. RELATED PROCEDURE Exposure of Members of the Service to Infectious Diseases (P.G. 205-10) FORMS AND REPORTS HEPATITIS B VACCINATION ACCEPTANCE / DECLINATION (PD429-147) P.G. 205-12 Donating Or Requesting Blood From The Department'S Blood Program Date Effective: 08/01/13 PURPOSE To donate blood to the Department's blood program or to supply blood to members of the service (uniformed or civilian) active or retired and their families from the Department's blood program. PROCEDURE When a member of the service (uniformed or civilian) wishes to donate blood to the Department's blood program or when there is a need for blood: MEMBER OF THE SERVICE 1. Telephone donation center at 1-800-933-2566 and identify self as an active or retired member of the service. a. Provide Department identification number - 5239. 2. Make appointment to donate blood as follows: a. Uniformed members of the service - during off-duty time b. Civilian members - during scheduled working hours. 3. Observe the following precaution prior to giving blood: a. Eating is encouraged, but avoid fatty foods such as butter, cream, oils, etc. COMMANDING OFFICER 4. Excuse civilian members for up to three hours of scheduled tour. (Compensatory time is NOT granted for donations made during non-working hours). CIVILIAN MEMBER OF THE SERVICE 5. Deliver receipt from donation center to desk officer or counterpart on return to duty. NOTE: A member of the service (uniformed or civilian) will not volunteer to donate blood when any of the following conditions exist: a. Prior donation within eight weeks b. Donated five pints within previous year c. Under seventeen or over seventy-five years of age d. Had malaria, jaundice or tuberculosis within the prior two years e. Had hepatitis f. Had tooth extraction within the prior three days g. Body weight is less than one hundred and ten pounds h. Other disqualifying medical condition. ADDITIONAL DATA When a member of the service is seriously injured and requires blood, the Operations Unit will be notified. RELATED PROCEDURES Requesting Blood When Outside Of New York State (P.G. 205-13) P.G. 205-13 Requesting Blood When Outside New York State Date Effective: 08-01-13 PURPOSE To assist members of the service (active or retired) and their families when there is a problem obtaining blood outside of New York State. PROCEDURE To request blood or assistance: MEMBER OF THE SERVICE 1. Telephone the Medical Division during business hours and Sick Desk supervisor during non-business hours. 2. Provide the following information: a. Patient's name b. Identification number (social security, blue cross, etc.) c. Residence d. Name and address of hospital e. Date of admission f. Amount requested (pints) g. Patient's relationship to member of the service h. If patient is Medicare eligible or not. MEMBER CONCERNED, MEDICAL DIVISION 3. Verify member's eligibility and notify Greater New York Blood Center. RELATED PROCEDURES Donating Or Requesting Blood To/Requesting Blood From The Department's Blood Program (P.G. 205-12) P.G. 205-14 Application For Transfer Date Effective: 05-19-14 PURPOSE To enable a member of the service (uniformed or civilian) to request a transfer. PROCEDURE When a member desires a transfer: MEMBER OF THE SERVICE 1. Prepare APPLICATION FOR TRANSFER (PD406-041). a. Information on form MUST BE TYPED. 2. Obtain supervisor/witness signature on form. 3. Submit ALL copies of APPLICATION to commanding officer. COMMANDING OFFICER 4. Review and sign APPLICATION. a. Check "Highly Recommend," "Recommend," or "Do Not Recommend." If "Do Not Recommend" is checked, state specific reasons why (e.g., not enough experience, newly transferred to command, etc.). b. Remove GREEN copy for filing in member’s Personnel Folder. c. Forward PINK copy to personnel officer, current borough/bureau. 5. Return WHITE copy to member concerned within seven days of receipt. MEMBER OF THE SERVICE 6. Forward WHITE copy of APPLICATION to Commanding Officer, Personnel Orders Section, in a sealed envelope. COMMANDING OFFICER, PERSONNEL ORDERS SECTION 7. Retain WHITE copy of APPLICATION in ACTIVE STATUS for TWO YEARS, UNLESS withdrawn by member concerned. 8. Forward two photocopies of receipted APPLICATION to Personnel Officer concerned. PERSONNEL OFFICER, CURRENT BOROUGH/BUREAU 9. File one copy of receipted application with PINK copy forwarded by member. 10. Forward one copy of receipted application to requesting member’s command. DESK OFFICER 11. Have copy of receipted APPLICATION placed in member’s Personal Folder. TO WITHDRAW APPLICATION FOR TRANSFER: MEMBER OF THE SERVICE 12. Prepare and forward to Commanding Officer, Personnel Orders Section four copies of report, on Typed Letterhead, requesting that APPLICATION FOR TRANSFER be withdrawn. COMMANDING OFFICER, PERSONNEL ORDERS SECTION 13. File one copy of report after removing APPLICATION from ACTIVE FILE. 14. Forward remaining copies of receipted report to Personnel Officer concerned. PERSONNEL OFFICER, CURRENT BOROUGH/BUREAU 15. Retain one copy of receipted report for file. 16. Forward remaining copies to requesting member’s command. DESK OFFICER 17. Have copy of receipted report filed in member’s Personal Folder and give remaining copy to member concerned. ADDITIONAL DATA Members of the service (uniformed and civilian) desiring a mutual transfer will submit a request for transfer, on Typed Letterhead, including all the information required on APPLICATION FOR TRANSFER, to their respective commanding officers for approval. The respective commanding officers will forward APPROVED requests, BY ENDORSEMENT, to the Commanding Officer, Personnel Orders Section. Members of the service who are in a Level II or Level III Monitoring Program are not to be transferred without prior conferral with the Bureau/Borough Commander and the Commanding Officer, Performance Analysis Section. The Commanding Officer, Personnel Orders Section will not transfer any member in a Level II or Level III Monitoring Program without the express knowledge of the Bureau/Borough Commander and the Commanding Officer, Performance Analysis Section and with the concurrence of the Civilian Complaint Review Board Profile and Assessment Committee. FORMS AND REPORTS APPLICATION FOR TRANSFER (PD406-041) Typed Letterhead P.G. 205-15 Police Officer's/Detective Specialist's Career Program Date Effective: 05-19-14 PURPOSE To provide police officers/detective specialists with a Career Program that allows eligibility through earned points for an investigative assignment, non-precinct assignment (Special Operations Division Units, Highway Units, Technical Assistance and Response Unit (TARU), Administrative and Support Units, etc.) and patrol, transit and housing commands of choice. SCOPE The Career Program is a performance reporting system which measures a police officer's/detective specialist's drive and initiative through overall activity, community interaction, professional image, police ethics, integrity and respect for both the public and the Department. The Career Program rewards police officers/detective specialists by allowing those who consistently perform their assignments in an exceptional manner to earn accelerated Career Program points. PROCEDURE When a police officer/detective specialist with a minimum of three years of service and at least twelve Career Program points requests a Career Program transfer: UNIFORMED MEMBER OF THE SERVICE CONCERNED 1. Prepare CAREER PROGRAM TRANSFER APPLICATION/ RECOMMENDATION - POLICE OFFICER/DETECTIVE SPECIALIST (PD406-1414). a. A minimum of twelve Career Program points are required before consideration is given to an APPLICATION/RECOMMENDATION b. A maximum of twelve career points may be earned from the last five annual Performance Evaluations c. In order to be considered for an investigative assignment a "Highly Recommended" endorsement MUST be received from the member's commanding officer d. A maximum of nine career points can be earned for military service (three points may be earned for each deployment overseas during time of war or U.S. conflict, and Honorable Discharge) e. Three choices of assignment in priority order may be entered on the APPLICATION/RECOMMENDATION f. Career Program choices of assignment may be changed or withdrawn by submitting an additional APPLICATION/ RECOMMENDATION. NOTE: Members of the service possessing special skills, beneficial to the needs of the Department, may be transferred with less than the required Career Program points after approval of the APPLICATION/ RECOMMENDATION by the Police Commissioner. An APPLICATION/RECOMMENDATION will be expunged after two years from the date of submission to the Career Program Unit. A police officer/detective specialist who still desires consideration after his/her APPLICATION/RECOMMENDATION has expired is responsible for submitting an additional APPLICATION /RECOMMENDATION. Police officers/detective specialists granted a transfer under the Career Program may not utilize this program for two years from the date of their last Career Program transfer. Police officers must have a minimum of four years of service in the rank of police officer prior to entering the detective investigative track. Exceptions may be made based on the needs of the Department after approval by the Police Commissioner. COMMANDING OFFICER 2. Verify the information, eligibility and suitability for transfer of the uniformed member concerned. 3. Complete "Commanding Officer's Recommendation" section. a. Check "Highly Recommend, "Recommend," or "Do Not Recommend." If "Do Not Recommend" is checked, state specific reasons why (e.g., not enough experience, newly transferred to command, etc.) b. If additional space is required use COMMANDING OFFICER’S RECOMMENDATION (PD406-180). 4. Return original APPLICATION/RECOMMENDATION to member concerned within seven days of receipt. a. File copy in member’s personnel folder. NOTE: In order to be considered for an investigative assignment, uniformed members must receive a "Highly Recommend" endorsement from their respective commanding officer. In addition, commanding officers must utilize the "Commanding Officer's Recommendation" section on the APPLICATION/RECOMMENDATION form and comment on the applicant's performance, attendance, sick and disciplinary records and ability to work with and respect both their peers and the community they serve. Commanding officers will be held accountable for their recommendations. MEMBER OF THE SERVICE 5. Make a copy of APPLICATION/RECOMMENDATION and forward as follows: a. Original - To Commanding Officer, Personnel Orders Section, Career Program Unit, in a sealed envelope b. Copy – To personnel officer, current borough/bureau. COMMANDING OFFICER, CAREER PROGRAM UNIT 6. Schedule and conduct required interview panels. 7. Maintain a pool of available Career Program applicants. ADDITIONAL DATA The following numerical criteria will be utilized to calculate Career Program points: 1 2 Each Annual Evaluation (Maximum of twelve Career points can be earned from the last five Annual Performance Evaluations) Extremely (5.0) Competent Highly Competent (4.0 - 4.5) Competent (3.5) Low or Very Low (3.0 or below) Department Recognition (Per medal) Honorable Mention Exceptional Merit Commendation Meritorious Police Duty Excellent Police Duty Career Points 3.0 2.0 1.0 0.0 2.0 1.0 0.6 0.4 0.2 The Honor Committee reviews all Honorable Mention awards and may select uniformed members of the service as recipients of higher medals, as per P.G. 205-39, “Departmental Recognition.” The Honor Committee, based upon their review of the incident which results in the awarding of a higher medal, has the discretion to award Department Medal of Honor recipients five (5.0) career points, Combat Cross recipients four (4.0) points and Medal for Valor recipients three (3.0) points. The points will be awarded upon notification by the Honor Committee to the Career Program Unit. 3 4 5 6 7 Education (Enter points for one degree, highest degree obtained) J.D. or PhD Master Degree Bachelors Degree Associate's Degree/64 credits Military Service (Maximum of nine Career points can be earned) Three points for each deployment overseas during time of war or US conflict and Honorable Discharge Honorable Discharge from Military Active Reservist/National Guard (Minimum of two years) One year perfect attendance (One point per calendar year, maximum of three points can be earned) Integrity Review Board (IRB) (As determined by the IRB P.G. 205-16, "Integrity Review Board Recommendation Procedure") Former Auxiliary Police Officer (Resigned in good standing) 5.0 4.0 3.0 2.0 3.0 2.0 1.0 1.0 1.0 to 5.0 1.0 8 Completed Police Cadet Corps 1.0 9 Language Skills NYPD Qualified Interpreter (One point per language) 1.0 10 Voluntary Participation in Community Programs (One point per year, as per A.G. 320-36, "Career Points for VOluntary Participation in Community Programs Within New York City" 1.0 11 Charges and Specifications (Expires two years from day -2.0 for each day penalty/suspension incurred) suspension penalty/ incurred maximum of -5.0 per case All members should be aware that completing a CAREER PROGRAM TRANSFER APPLICATION/RECOMMENDATION - POLICE OFFICER /DETECTIVE SPECIALIST does not guarantee transfer or assignment. Inherent in any realistic and workable Career Program is the need for flexibility to meet changing conditions and situations. The Career Program does not limit or change the Department's right or managerial prerogative to assign personnel. RELATED PROCEDURE Integrity Review Board Recommendation Procedure (P.G. 205-16) Departmental Recognition (P.G. 205-39) Career Points for Voluntary Participation in Community Programs Within New York City (A.G. 320-36) FORMS AND REPORTS CAREER PROGRAM TRANSFER APPLICATION/RECOMMENDATION - POLICE OFFICER/DETECTIVE SPECIALIST (PD406-1414) COMMANDING OFFICER'S RECOMMENDATION (PD406-180) P.G. 205-16 Integrity Review Board Recommendation Procedure Date Effective: 08/01/13 PURPOSE To set forth the guidelines to be followed when a uniformed member service is recommended for recognition, by the member's commanding for effecting an arrest for a bribery-related offense or an action demonstrated the uniformed member's commitment to the Department's policy. of the officer, which integrity DEFINITION CONTROLLED PAD - For the purpose of this procedure is a purported payment to uniformed members of the service to protect existing or contemplated illegal activities which will constitute more than one time bribery payments. PROCEDURE Whenever a uniformed member of the service is recommended for recognition, by the member's commanding officer, to the Integrity Review Board: COMMANDING OFFICER, MEMBER CONCERNED 1. Ensure that copy of report in bribery arrests, as required by P.G. 208-34, "Bribery Arrest by Uniformed Member of the Service" is forwarded to Commanding Officer, Employee Relations Section. 2. Comply with "ADDITIONAL DATA" statement, page 3, regarding submission of report for an act reflecting high integrity. UPON NOTIFICATION FROM EMPLOYEE RELATIONS SECTION: 3. Have uniformed member concerned notified to report to Employee Relations Section for a personal interview during the uniformed member's normal tour of duty. UNIFORMED MEMBER OF THE SERVICE 4. Report to Employee Relations Section, as follows: a. In uniform of the day, if assigned to patrol duties b. In proper business attire, if assigned to non-patrol duties. 5. Bring copies of the following documents concerning the arrest and/or incident of high integrity, if prepared: a. ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) b. Last two PERFORMANCE EVALUATIONS (as appropriate to rank) c. ARREST INVESTIGATION REPORT (PD244-1511) d. Criminal Court Affidavit e. UNUSUAL OCCURRENCE REPORT (PD 370-152) f. PROPERTY CLERK INVOICE (PD 521-141) g. ARREST REPORT SUPPLEMENT (PD244-157), if applicable h. Newspaper articles concerning incident i. Any other Department forms/reports relating to the incident. NOTE: During this interview process, the aspirations of the uniformed member concerned will be discussed in detail and the uniformed member will be advised of the options available, depending upon the current needs of the Department and the uniformed member's suitability/aptitude for such assignment. EMPLOYEE RELATIONS SECTION 6. Convene the Integrity Review Board, upon completion of administrative documentation for the presentation of a cadre of cases. NOTE: The Integrity Review Board meets regularly, usually on a quarterly basis, to review and evaluate cases involving incidents of bribery arrests/acts of high integrity. INTEGRITY REVIEW BOARD 7. Review cases submitted by Employee Relations Section. 8. Forward recommendations to Police Commissioner for final determination. EMPLOYEE RELATIONS SECTION 9. Notify member concerned of the type of recognition received. ADDITIONAL DATA To receive recognition from the Integrity Review Board for involvement in bribery related offense, the uniformed member concerned must be the individual who was offered/accepted the bribe and either effected the arrest for the crime of bribery or charged the defendant with the additional crime of bribery. In situations when the arresting officer is not the uniformed member offered the bribe, an ARREST REPORT SUPPLEMENT must be prepared delineating the circumstances surrounding the additional charge of bribery. All uniformed members of the service directly involved in a "controlled pad" incident, i.e., receives payoffs, acts as an intermediary, etc., are eligible to receive recognition from the Integrity Review Board The types of recognition uniformed members of the service are eligible to receive are as follows: a. Police Commissioner's letter of commendation b. Award of one to five Career Program points c. Waiver of all or part of the Career Path requirements for consideration for assignment to a specific command/bureau d. Patrol precinct to patrol precinct transfers e. Interviews for preferential assignments, i.e., Highway Districts, Emergency Service Unit, etc. f. Interviews for investigative assignments, i.e., Organized Crime Control Bureau, etc. NOTE: The Integrity Review Board may recommend that uniformed members of the service be granted interviews for a potential assignment to one of the Department's investigative track units for having effected arrests for bribery or other acts of high integrity. The actual impact or perceived impact of the "Eighteen Month Detective Designation Law" should NOT effect the decision to grant an interview to a well deserving uniformed member. The integrity of the Department is of the utmost concern and efforts to properly reward uniformed members for their exemplary conduct should NOT be diminished. g. Award of additional investigative time towards eligibility for promotion to detective designation. h. Preferential consideration for assignment to a unit within the uniformed member's current bureau of assignment, i.e., Organized Crime Investigation Division, Major Case Squad, etc. i. Any other type of award deemed appropriate by the Integrity Review Board. The type of recognition granted by the Integrity Review Board varies depending upon the uniformed member's career aspirations, qualifications, overall performance level, and character. Uniformed members will not usually be considered for: a. A patrol precinct to patrol precinct transfer with less than two years of service, or b. An interview for an investigative assignment with less than three years of service. When a uniformed member is awarded Career Program points only, the number of points awarded will be published in a Personnel Order. Scheduling of preferential interviews for possible assignments to specific commands/bureaus will be the responsibility of the Personnel Officers concerned. Arresting/assisting officers in arrests for bribery related offenses, or for other acts of high integrity, may apply for Department recognition, in the grade of Meritorious Police Duty, as outlined in P.G. 205-39, "Request for Departmental Recognition." A supervisor performing normal supervisory duties regarding bribery/attempted bribery incidents is not eligible for recognition by the Integrity Review Board. RELATED PROCEDURES On-Line Booking System Computerized Arrest Notification Printout (P.G. 208-68) Bribery Arrest By Uniformed Member Of The Service (P.G. 208-34) Boards And Committees (O.G. 101-19) Request For Departmental Recognition (P.G. 205-39) FORMS AND REPORTS ARREST INVESTIGATION REPORT (PD244-1511) ARREST REPORT SUPPLEMENT (PD244-157) CRIMINAL COURT AFFIDAVIT ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PERFORMANCE EVALUATION (as appropriate to rank) PROPERTY CLERK INVOICE (PD521-141) UNUSUAL OCCURRENCE REPORT (PD370-152) P.G. 205-17 Overtime Date Effective: 08-01-13 PURPOSE To compensate uniformed members of the service for work performed in excess of hours stipulated in the member's regular work schedule. DEFINITION OVERTIME: a. NON-ORDERED - Extension of scheduled tour of duty by 15 minutes or more to prevent interruption of services being performed, e.g., processing an arrest, aided case, court appearance, etc. Non-ordered overtime is not authorized for administrative duties at any level. b. ORDERED - Extra duty required for on-going or future operational situations, demonstrations, parades, etc., or overtime of an administrative nature for extra duty required of an on-going or future operational situation. (May only be authorized by Police Commissioner, First Deputy Commissioner or Chief of Department). c. EMERGENCY ORDERED - Extra duty performed in an emergency when work schedules are suspended by Department order, due to large-scale disorders or disasters. (May only be authorized by Police Commissioner, First Deputy Commissioner or Chief of Department). PROCEDURE When a uniformed member of the service below the rank of captain performs overtime duty: UNIFORMED MEMBER OF THE SERVICE 1. Submit OVERTIME REPORT (PD138-064) to desk officer when dismissed. a. If performing duty at other than regularly assigned command, submit to desk officer of that command. b. If performing duty at scene of parade, demonstration, etc., submit to immediate supervisor. NOTE: The Fair Labor Standards Act (F.L.S.A.) requires that overtime earned by members of the New York City Police Department be paid within a reasonable time after it is performed. Accordingly, completed OVERTIME REPORTS will normally be submitted to the permanent command of the member concerned at the end of their tour of duty. In those circumstances when the permanent command is closed, the requesting member will submit the OVERTIME REPORT on their next scheduled tour of duty. Members scheduled for authorized leave following a tour when overtime has been performed will submit their OVERTIME REPORTS on their next scheduled tour of duty. DESK OFFICER/SUPERVISOR CONCERNED 2. Make Command Log or ACTIVITY LOG (PD112-145) entry at time of dismissal. 3. Certify time of dismissal on OVERTIME REPORT. a. Commanders of large details, e.g., parades, demonstrations, etc., will collect certified OVERTIME REPORT forms from subordinate supervisors and have reports forwarded to permanent commands of member concerned. OVERTIME REPORTS will not be returned to requesting member at scene. 4. Forward OVERTIME REPORT to commanding officer, member's permanent command. ADDITIONAL DATA The maximum amount of compensatory time a uniformed member of the service may accumulate is five days. When the member concerned accrues compensatory time in excess of five days, the excess MUST be taken within thirty days, needs of the service permitting. In any event, compensatory time MUST be taken within one year of the date earned. To enhance auditing procedures regarding court appearances with related overtime, uniformed members of the service will comply with the following when court attendance results in overtime: a. Attach OVERTIME REPORT (PD138-064) to related COURT ATTENDANCE RECORD (PD468-141) and submit to desk officer/supervisor for approval. b. Desk officer/supervisor will ensure that OVERTIME REPORTS and COURT ATTENDANCE RECORDS are properly prepared and attached as required. c. OVERTIME REPORTS submitted for attendance at court without the required COURT ATTENDANCE RECORD attached, shall NOT be approved by desk officer/supervisor without an investigation being conducted. d. After the desk officer/supervisor concludes the investigation, the overtime may be approved if appropriate. However, a copy of the report detailing the facts of the investigation will be attached to the OVERTIME REPORT in lieu of the missing COURT ATTENDANCE RECORD. Payroll clerks shall process OVERTIME REPORTS with COURT ATTENDANCE RECORDS/Investigative Reports attached and file with related PAYMENT REQUESTS (PD138-066) as directed by A.G. 320-12., "Overtime Report", COURT ATTENDANCE RECORDS not involving overtime will continue to be filed as directed in P.G. 211-01, "Duties And Conduct In Court". The procedure outlined above will apply whether cash or time compensation is selected for the overtime and regardless of the reason for the court appearance. Any disciplinary action taken for failure to submit OVERTIME REPORTS (PD 138-064) in a timely manner should not impact upon the payment of the overtime to the member of the service who failed to submit the request promptly. Pursuant to the Fair Labor Standards Act, the member must be compensated for the time worked. The penalty for not complying with Department regulations must be a separate disciplinary matter. RELATED PROCEDURES First and Third Platoon Arrests (P.G. 208-25) Violations Subject to Command Discipline (P.G. 206-03) Overtime (A.G. 320-11) Overtime Reports (A.G. 320-12) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COURT ATTENDANCE RECORD (PD468-141) OVERTIME REPORT (PD138-064) P.G. 205-18 Absent Without Leave Date Effective: 08/01/13 PURPOSE To investigate unauthorized absences of uniformed members of the service. PROCEDURE When a uniformed member of the service is absent without leave for two hours at the beginning of a scheduled tour of duty: DESK OFFICER 1. Make telephone inquiries, including but not limited to: a. Command roll call b. Sick Desk supervisor ([718] 760-7606) c. Court sign-in rooms d. Member's residence. 2. Check Department records maintained in the command, including but not limited to: a. Telephone Record b. ROLL CALL (PD406-144) change sheets. 3. Make inquiries of command personnel as deemed necessary. 4. Request that the desk officer in member's resident precinct have a supervisor respond to the member's residence. NOTE: If member resides outside of New York City, request the Inter-City Correspondence Unit, ([212] 374-5030) to make a notification to the local law enforcement authority concerned and request they respond to the member's residence. IF MEMBER NOT CONTACTED FOUR HOURS AFTER COMMENCEMENT OF TOUR: DESK OFFICER 5. Notify: a. Commanding officer/duty captain b. Borough command/counterpart c. Operations Unit (1) Include actions taken to locate member d. Internal Affairs Bureau Command Center. 6. Make a Command Log entry including facts (inquiries, etc.) and notifications made. COMMANDING OFFICER/DUTY CAPTAIN 7. Conduct an immediate investigation. 8. Telephone results of investigation to the Operations Unit. 9. Enter results of investigation in Command Log. 10. Prepare two copies of a report on Typed Letterhead including: a. Full particulars of the investigation b. Results obtained c. Actions taken or contemplated. NOTE: If the member's commanding officer is NOT performing duty, the duty captain will prepare three copies of the report. 11. Forward ORIGINAL copy of report, without delay, to the Chief of Department, DIRECT, and DUPLICATE copy to the Chief of Department, through channels. NOTE: Duty captains will have the ORIGINAL copy of the report forwarded as indicated above and the two DUPLICATES forwarded to the commanding officer of the member concerned. The member's commanding officer will endorse and forward one copy of the report to the Chief of Department, through channels, and file the remaining copy. WHEN MEMBER IS LOCATED: COMMANDING OFFICER/DUTY CAPTAIN 12. Interview member concerned. a. Ascertain reason for, and location during, absence. NOTE: Members absent without leave for an entire tour will NOT be assigned to duty without the prior permission of the Chief of Department. 13. Notify: a. Operations Unit b. Borough command/counterpart c. Sick Desk supervisor d. Internal Affairs Bureau Command Center. 14. Make a Command Log entry. 15. Prepare a supplementary report, on Typed Letterhead, to the Chief of Department including facts and any disciplinary action taken not previously reported. 16. Forward reports as indicated in step 11 or NOTE following step 11. FORMS AND REPORTS ROLL CALL (PD406-144) Typed Letterhead P.G. 205-19 Vacation Lost Due To Sick Leave Date Effective: 08/01/13 PURPOSE To grant uniformed members of the service vacation days lost during the previous year due to illness or injury. PROCEDURE When a uniformed member of the service loses vacation earned during the previous calendar year due to illness or injury: NOTE: This procedure is applicable for vacation earned during the previous calendar year ONLY. Any additional carry over from prior year is not authorized, except for that earned by uniformed managers (assistant chiefs and above). UNIFORMED MEMBER OF THE SERVICE 1. Prepare two copies of request for vacation days lost, on Typed Letterhead, without delay, addressed to commanding officer, including: a. Number of vacation days lost b. Number of vacation days taken (indicate dates taken) c. Dates of scheduled vacation. If no vacation and give reasons selection was made, so state d. Period of sick report. (Include current year if sick report extended therein.) Indicate total number of calendar days in period. e. Number of calendar days NOT on sick report f. If non-line of duty sick report, indicate the name and location of the hospital, the dates hospitalized and the reason for confinement, if appropriate g. If sick report was due to a line of duty injury, include Medical Division control number and whether due to an old injury. 2. Submit request to commanding officer. COMMANDING OFFICER 3. Inspect records to verify request. 4. Grant vacation days lost as follows: a. Non line-of-duty sick report - hospitalization not required - lost vacation days may not be taken after March 31st of succeeding year. b. Non line-of-duty sick report and member concerned was hospitalized - lost vacation days may not be taken after June 30th of succeeding year. c. Sick report due to line-of-duty injury - lost vacation days may not be taken after December 31st of succeeding year. NOTE: All vacation days lost due to illness or injury MUST be taken prior to the expiration date as indicated in step 4, subdivisions a, b and c, above. Lost vacation days shall not be granted beyond the dates indicated. This does not apply to uniformed managers (assistant chiefs and above). 5. Notify member and have entry/entries made in pertinent record(s). 6. File copy of request in member's personal folder. 7. Instruct member to take leave without delay. ADDITIONAL DATA Authorized vacation quota may be exceeded. RELATED PROCEDURES Vacation Policy (P.G. 203-19) Reporting Sick (P.G. 205-01) FORMS AND REPORTS Typed Letterhead P.G. 205-20 Leave Of Absence Without Pay Twenty-Nine Calendar Days Or Less Date Effective: 08/01/13 PURPOSE To process requests for leaves of absence without pay for twenty nine consecutive days or less for all members of the service (uniformed and civilian). SCOPE As used in this procedure, the approving officer will be determined by the number of days requested and the status of the member requesting leave as follows: a. One through twenty-nine calendar days and the member is an entry level probationary uniformed member of the service - Police Commissioner. b. One through twenty-nine calendar days and the member is an entry level probationary civilian member or a non-permanent civilian member, i.e., provisional, temporary, etc., (except sick leaves without pay) - Chief of Personnel. c. One day leave - commanding officer of member concerned. d. Two through twenty-nine calendar days for all other members of the service not listed above - deputy commissioners, bureau chiefs, borough commanders. PROCEDURE When a uniformed or civilian member of the service requires leave without pay for twenty-nine consecutive calendar days or less: MEMBER OF THE SERVICE 1. Notify commanding officer/supervisory head of intent to request leave of absence without pay for twenty-nine consecutive calendar days or less. COMMANDING OFFICER 2. Interview member concerned to determine necessity for leave. MEMBER OF THE SERVICE 3. Submit three copies of LEAVE OF ABSENCE REPORT (PD433-041) to commanding officer/supervisory head. a. Uniformed and civilian members must complete the "Location During Absence" section on the LEAVE OF ABSENCE REPORT including each country, with the city/town or province where the member will be staying, date(s) of departure and date of return b. If member will remain at their residence, member will enter "residence" and include location and dates. COMMANDING OFFICER 4. Make entry on reverse side of LEAVE OF ABSENCE REPORT under caption space "Reasons for any recommendations made." 5. Sign all copies of LEAVE OF ABSENCE REPORT. NOTE: A leave of absence without pay will be granted ONLY after all other ACCRUED leave has been exhausted (except as indicated in A.G. 319-14, Civilian Member Reporting Sick", step 5, as relates to sick leave without pay for civilian members only). 6. Forward two copies of approved LEAVE OF ABSENCE REPORT for all leaves in which the commanding officer is the approving officer direct to the Personnel Orders Section and file the third (3rd) copy. 7. Forward all copies of LEAVE OF ABSENCE REPORT for all other requests to approving officer direct after endorsing and making recommendations. APPROVING MEMBER 8. Examine request and recommendations of applicant's commanding officer. 9. Endorse and forward two copies of approved leave request direct to Personnel Orders Section. 10. Return third (3rd) copy of approved leave request to applicant's command for notification to applicant and file. 11. Return all copies of LEAVE OF ABSENCE REPORT if request is disapproved. COMMANDING OFFICER 12. Notify member of approved/disapproved leave. C.O., PERSONNEL ORDERS SECTION 13. Forward one copy of approved LEAVE OF ABSENCE REPORT to Payroll Section. TIMEKEEPER 14. Enter each country, with the city/town or province, date(s) of departure and date of return into Leave of Absence Report – Location During Absence database, if member is traveling to a foreign country. 15. Notify operations coordinator, if member is traveling to a foreign country. NOTE: Absence command entries An online user guide is available after logging onto the Leave of management system. Operations coordinators must ensure that all timekeepers follow the instructions as directed in the guide to make in the Leave of Absence – Location During Absence database. ADDITIONAL DATA Whenever a civilian member is in a no pay status for a maximum of eight hours, ensure that the timekeeper enters the appropriate LWOP code on the Employee Time Report (ETR). If the member is in an LWOP status for a period greater than one day, timekeepers will: a. Immediately notify Payroll Section - Timekeeping Unit b. Enter letters L-W-O-P for each day on the ETR c. Have entry made in the command's Telephone Record concerning the notification. Whenever a uniformed member is in an LWOP status for any length of time, ensure that the timekeeper performs steps a, b, c above. DO NOT enter any time on the ETR. RELATED PROCEDURES Child Care Leave of Absence (P.G. 205-28) Combined Confinement and Child Care Leave (A.G. 319-24) Leave of Absence Without Pay - Thirty Calendar Days or More (P.G. 205-21) Definite Military Leave (P.G. 205-22) Indefinite Military Leave (P.G. 205-23) Civilian Member - Miscellaneous Leaves (A.G. 319-12) Civilian Member - Reporting Sick (A.G. 319-14) Civilian Member- Extended Sick Leave for Line of Duty Injury (A.G. 319-16) FORMS AND REPORTS LEAVE OF ABSENCE REPORT (PD433-041) P.G. 205-21 Leave Of Absence Without Pay Thirty Calendar Days Or More Date Effective: 08/01/13 PURPOSE To process requests for leaves of absence without pay for thirty consecutive days or more (except child care, military and civilian sick leaves) for all members of the service (uniformed and civilian). SCOPE As used in this procedure, the approving officer will be determined as follows: a. Uniformed members - Police Commissioner (except as indicated in P.G. 205-28, "Child Care Leave Of Absence") b. Civilian members - Chief of Personnel. PROCEDURE When a uniformed or civilian member of the service requires leave without pay for thirty consecutive calendar days or more: MEMBER OF THE SERVICE 1. Notify commanding officer/supervisory head of intent to request leave of absence without pay for thirty consecutive calendar days or more at least six weeks before anticipated date leave will commence. COMMANDING OFFICER 2. Interview member concerned to determine necessity for leave. 3. Direct member concerned to contact the Military and Extended Leave Desk immediately for instructions. MEMBER OF THE SERVICE 4. Submit all forms to commanding officer/supervisory head as directed by the Military and Extended Leave Desk. COMMANDING OFFICER 5. Confer with borough commander, by telephone, outlining details of leave request. 6. Endorse member's leave request recommending approval/ disapproval, as appropriate, to the Commanding Officer, Military and Extended Leave Desk based on conferral with the borough commander. 7. Forward informational copy of leave request to borough commander. C.O., MILITARY AND EXTENDED LEAVE DESK 8. Endorse request through channels to approving officer making recommendation based on individual circumstances, Department policy, and any other factors considered for such recommendation. COMMANDING OFFICER 9. Notify member concerned when approval/disapproval of leave has been received. 10. Ensure that member's firearms and all Department property (except Department Manual) are surrendered and indicate such on PROPERTY RECEIPTDISCONTINUANCE OF SERVICE (PD520-013), when a leave of absence of thirty days or more has been approved. 11. Distribute PROPERTY RECEIPT- DISCONTINUANCE OF SERVICE, as follows: a. Original - to Military and Extended Leave Desk b. First copy - to member requesting leave of absence c. Second copy - command file d. Remaining copies - filed in member's Personal Folder. NOTE: For civilian members, forward IDENTIFICATION CARD (PD416-091) to the Employee Management Division, by messenger, with a report on Typed Letterhead, indicating the reason for surrender. INTEGRITY CONTROL OFFICER 12. Forward NYPD Restricted Parking Permits (Misc. 23-N) and Headquarters Annex Parking Permits (Misc. 814HQ-Annex), by messenger, to Internal Affairs Bureau, Vehicle Identification Unit. 13. Forward shield, if applicable, and/or IDENTIFICATION CARD (PD416-091), by messenger, to Employee Management Division, Shield /Identification Card Unit, and obtain receipt. C.O., PERSONNEL ORDERS SECTION 14. Direct transfer of member to the Military and Extended Leave Desk after member's leave request has been approved. ADDITIONAL DATA A leave of absence without pay will be granted ONLY after the member concerned has exhausted all ACCRUED leave (except for military leave and sick leave without pay for civilians as indicated in A.G. 319-14, "Civilian Member Reporting Sick"). A uniformed member's vacation is granted January 1st for that year but is not to be considered accrued until the member is in a full pay status for the required number of days in a particular month. Member's firearms and all Department property (except Department Manual) will be surrendered on member's last tour of duty prior to commencement of a leave of absence. While on leave of absence, a member will be required to appear for any hearings or trials in which the member is the arresting officer, witness, or respondent and the Commanding Officer, Military and Extended Leave Desk will be so notified of such appearance. A leave of absence without pay may be terminated prior to its scheduled expiration date upon advance notification to the Military and Extended Leave Desk. RELATED PROCEDURES Leave of Absence Without Pay - Twenty-nine Calendar Days or Less (P.G. 205-20) Definite Military Leave (P.G. 205-22) Indefinite Military Leave (P.G. 205-23) Child Care Leave of Absence (P.G. 205-28) Civilian Member - Miscellaneous Leaves (A.G. 319-12) Civilian Member - Reporting Sick (A.G. 319-14) Civilian Member - Extended Sick Leave for Line of Duty Injury (A.G. 319-16) Civilian Member - Combined Confinement and Child Care Leave (A.G. 319-24) FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) PROPERTY RECEIPT/DISCONTINUANCE OF SERVICE (PD520-013) Typed Letterhead P.G. 205-22 Definite Military Leave Date Effective: 08/01/13 PURPOSE To grant members of the service (uniformed and civilian) leaves of absence to perform military duty for a period or periods not exceeding a total of thirty working days (or its equivalent in hours for civilian members of the service), in any one calendar year or in any continuous period of absence. DEFINITIONS WORK DAY - Any day where the member is excused from performing duty with this Department to attend a military drill. Excusals from work to attend military drill require documentation that the member is being ordered to attend and documentation that they attended drill. DRILL SCHEDULE - An advance schedule (i.e., quarterly, semi-annual or annual) from a member's Reserve or National Guard Unit which indicates the dates the member will be performing military duty for the Federal fiscal year, which runs from October to September. UNSCHEDULED DRILL - A drill date not in conformance with the drill schedule. PROCEDURE When ordered to report for military duty for thirty days or less: MEMBER OF THE SERVICE 1. Provide respective timekeeper with copy of current drill schedule and military unit telephone number. 2. Submit LEAVE OF ABSENCE REPORT (PD 433-041) and Standard Military Order to timekeeper at least two weeks prior to commencement of leave. a. Ensure military leave captions on LEAVE OF ABSENCE REPORT are completed listing actual hours of drill (broad time frames such as 0001 to 2400 hours are not acceptable.) NOTE: A request for military leave to attend an unscheduled drill must be accompanied by a Standard Military Order indicating the reason. The Standard Military Order must be signed by the member's military unit Commander or other supervisor with Commander's signature authority. 3. Notify roll call personnel and timekeeper immediately if drill is cancelled after LEAVE OF ABSENCE REPORT was submitted and perform scheduled tour of duty. TIMEKEEPER 4. Maintain a MILITARY ABSENCE RECORD (PD433-147) for each member of the command who is a drilling reservist. 5. Ensure that a copy of member's current military contract or Oath of Office (commission papers) and current drill schedule, Standard Military Orders and Military Statutory Entitlement(s) are attached to the inside cover MILITARY ABSENCE RECORD. NOTE: Timekeeper will ensure that an additional copy of member's current military contract is on file at the Military and Extended Leave Desk. Failure to have a current contract on file will result in the respective member not accruing any military work days for the calendar year. Timekeeper must also indicate all work day usage on ABSENCE AND TARDINESS RECORD (PD433-145). 6. Using the most recent Payroll Management System Leave Balances Report (711), determine the number of military work days the member has available. 7. Make entry on member's Employee Time Record (ETR) as follows: IF MEMBER IS SCHEDULED TO WORK AND: a. WORK DAY BALANCE IS POSITIVE: * Record event code 4652 for uniformed members of the service and 00:01 under each day member is on military duty, on scheduled work days only. For civilian members of the service, record event code 4651 and enter 0700/0800 hours depending on length of tour. b. WORK DAY BALANCE IS ZERO: * Record event code to charge another leave balance at member's discretion for days where the member was scheduled to perform police duty or charge military leave without pay (code 3270). NOTE: Contact the Military and Extended Leave Desk for instructions if leave commences in the current calendar year and continues into the following year(s) (e.g., leave begins on December 20th and ends the following January 5th) or if the leave exceeds thirty days. A member must have exhausted all thirty work days before leave without pay is granted. No documentation is required if a member's military drill falls solely on their regular days off (RDOs). However, timekeepers must be aware of the scheduled drill dates. COMMANDING OFFICER OR DESIGNEE 8. Approve LEAVE OF ABSENCE REPORT if military leave papers are in order. NOTE: Ensure that if leave commences in the current calendar year and continues into the following calendar year(s) or if leave exceeds thirty days that the Military and Extended Leave Desk is contacted. Excusals for authorized military leave, where member has submitted required documentation (i.e., current contract, drill schedule and Standard Military Orders), cannot be denied. MEMBER OF THE SERVICE 9. Submit a Certificate of Attendance to timekeeper within ten days after return from military duty. NOTE: The Certificate of Attendance must be signed by the member's military Commander or other supervisor with Commander's signature authority. 10. Notify integrity control officer and timekeeper upon return to duty of failure to attend drill for which leave was requested/granted. TIMEKEEPER 11. File Standard Military Order together with Certificate of Attendance in MILITARY ABSENCE RECORD. 12. Make appropriate entries on MILITARY ABSENCE RECORD as per instructions on form. 13. File completed MILITARY ABSENCE RECORD in member's personnel folder at the end of the calendar year. 14. Notify integrity control officer when member: a. Submits request for military leave without Standard Military Orders b. Fails to provide Certificate of Attendance for drill where member was excused from police duty. DESIGNATED SUPERVISOR 15. Conduct quarterly self-inspection using the Payroll Management System MO49 Report on military records of command to ensure compliance with procedure. 16. Notify the operations coordinator and integrity control officer when member fails to provide: a. Current military contract/commission orders b. Current drill schedule. NOTE: The commanding officer concerned will designate a supervisor to perform the above functions. INTEGRITY CONTROL OFFICER 17. Conduct investigation if member fails to furnish any of the documents mentioned in steps "14" and "16." a. If member attended drill, but neglected to submit the required Certificate of Attendance within ten day period, appropriate disciplinary action will be taken b. If it is determined that the member failed to attend the Reserve/National Guard Drill after time off was granted, charges and specifications will be initiated. DESIGNATED MEMBER AT MILITARY AND EXTENDED LEAVE DESK 18. Monitor Payroll Management System M049 Report for every command on monthly basis to ensure that there are no negative balances. 19. Forward a request to conduct an investigation to the integrity control officer of the concerned command, where negative balance exists. NOTE: In addition to contacting the military unit when verifying attendance, integrity control officers may request that the member produce their military Leave Earning Statement (LES) for the drill which the member failed to provide a Certificate of Attendance. ADDITIONAL DATA Members of the Reserves or National Guard are required to furnish to their timekeeper two copies of any separation certificate, discharge, or transfer orders within thirty days of such change. One copy will be sent to the Military and Extended Leave Desk and the other will be filed in the member's personnel folder. If a member fails to submit a current drill schedule, the integrity control officer will ascertain if such failure was due to their transfer to inactive reserve or discharge. The integrity control officer will notify the Commanding Officer, Military and Extended Leave Desk, in writing, and the member will be removed from the active reserve roster. All Standard Military Orders and Certificates of Attendance must be in the format illustrated in Appendix "A". RELATED PROCEDURES Indefinite Military Leave (P.G. 205-23) FORMS AND REPORTS LEAVE OF ABSENCE REPORT (PD433-041) MILITARY ABSENCE RECORD (PD433-147) ABSENCE AND TARDINESS RECORD (PD433-145) APPENDIX "A" SAMPLE OF STANDARD MILITARY ORDER AND CERTIFICATE OF ATTENDANCE DEPARTMENT OF THE ARMY ALPHA COMPANY 104TH INFANTRY BATTALION New York Army National Guard 123 New York Avenue New York, NY. 10018 Date _______________ REPLY TO: ATTN OF: SUBJECT: ORDERED MILITARY DUTY TO: WHOM IT MAY CONCERN THIS IS TO CERTIFY THAT _______________________________________________ NAME RANK SSAN IS ORDERED TO ATTEND REQUIRED MILITARY DRILL WITH THIS UNIT. FROM: TO: DATE ________________ DATE ________________ HOURS _________________ HOURS _________________ PLACE OF DUTY: _______________________________________________________ THIS DUTY IS IN ACCORDANCE WITH THE ESTABLISHED DRILL SCHEDULE (Circle) YES NO IF NO IS INDICATED, PLEASE EXPLAIN REASON (S) FOR THE UNSCHEDULED DUTY:______________________________________________________ Carlos R. Bermudez Captain, IN, NYARNG Commanding ----------------------------------------------------------------------DEPARTMENT OF THE ARMY ALPHA COMPANY 104TH INFANTRY BATTALION New York Army National Guard 123 New York Avenue New York, NY. 10018 Date _______________ REPLY TO: ATTN OF: SUBJECT: CERTIFICATE OF ATTENDANCE TO: WHOM IT MAY CONCERN THIS IS TO CERTIFY THAT _______________________________________________ NAME RANK SSAN DID ATTEND MILITARY DRILL FROM: DATE ________________ HOURS _________________ TO: DATE ________________ HOURS _________________ Carlos R. Bermudez Captain, IN, NYARNG Commanding P.G. 205-23 Indefinite Military Leave Date Effective: 08/01/13 PURPOSE To process absence for military leave, exceeding thirty days or when the period of continuous active military duty commences in the current calendar year and continues into the following year(s). PROCEDURE When a member of the service (uniformed or civilian) receives orders to report for military duty either for a period that will exceed thirty days, OR for any period, even if less than thirty days, in which continuous active duty will commence in one calendar year and continue into the following calendar year (e.g., leave begins on December 20th and ends the following January 5th), the Military and Extended Leave Desk must be contacted. MEMBER OF THE SERVICE 1. Notify commanding officer/supervisory head immediately upon receiving orders to report for military duty for a period exceeding thirty days or when the period of continuous active military duty commences in the current calendar year and continues into the following year(s). COMMANDING OFFICER 2. Direct member concerned to contact the Military and Extended Leave Desk immediately for instructions. MEMBER OF THE SERVICE 3. Access the Military and Extended Leave Desk website through the Department's Intranet in order to obtain military leave request forms. 4. Prepare and submit all forms for military leave notification to commanding officer/supervisory head as directed by the Military and Extended Leave Desk. COMMANDING OFFICER 5. Ensure that member's firearms and all Department property (except Department Manual) are surrendered and indicate such on PROPERTY RECEIPT DISCONTINUANCE OF SERVICE (PD520-013) for a military leave of absence of thirty days or more. a. Under caption "Member is Applying For:" indicate "Extended Leave Of Absence" b. Have PROPERTY CLERK INVOICE (PD521-141) prepared for firearms obtained and include in remarks section "PROPERTY OF MEMBER ON EXTENDED MILITARY LEAVE. NOT TO BE RETURNED WITHOUT APPROVAL OF THE COMMANDING OFFICER, MILITARY AND EXTENDED LEAVE DESK." 6. Ensure member's firearms are delivered to the Property Clerk Division, Manhattan Office, located at One Police Plaza, S level, NY, NY 10038 within thirty days. NOTE: When a uniformed or civilian member of the service receives orders to report for military duty in which continuous active duty will commence in one calendar year and end in the following year for a period of less than thirty days, (e.g., December 26, 2009 to January 11, 2010), the member is not required to surrender firearms and Department property. Members on military leaves of absence of thirty days or more may retain their IDENTIFICATION CARD (PD416-091). 7. Distribute form PROPERTY RECEIPT-DISCONTINUANCE OF POLICE SERVICE as follows: a. Original - attach to member's notification for indefinite military leave and forward direct to Commanding Officer, Military and Extended Leave Desk, if notification has already been forwarded when member surrenders property b. First Copy - to member going on leave c. Second Copy - command file d. Remaining Copies - filed in member's Personal Folder. 8. Ensure that member, if authorized, has utilized all thirty work days, as outlined in P.G. 205-22, "Definite Military Leave." NOTE: All military work days must be exhausted prior to utilizing other accrued leave or leave without pay. 9. Endorse member's leave notification and have original hand delivered direct to Commanding Officer, Military and Extended Leave Desk, One Police Plaza, Room 1008. 10. Retain copy of member's leave notification at command. INTEGRITY CONTROL OFFICER 11. Forward NYPD Restricted Parking Permits (Misc. 23-N) and Headquarters Annex Parking Permits (Misc. 814HQ-Annex), by messenger, to Internal Affairs Bureau, Vehicle Identification Unit. 12. Forward shield, if applicable, and/or IDENTIFICATION CARD, by messenger, to Employee Management Division, Shield/Identification Card Unit, and obtain receipt. MEMBER OF THE SERVICE 13. Report any change in Standard Military Orders, address or duty assignment immediately after change occurs. 14. Contact the Military and Extended Leave Desk for a return to duty appointment upon military discharge. COMMANDING OFFICER, MILITARY AND EXTENDED LEAVE DESK 15. Transfer member to the Military and Extended Leave Desk. 16. Publish transfer to the Military and Extended Leave Desk and leave of absence in Department's Personnel Orders. ADDITIONAL DATA All Department property and firearms (except Department Manual and IDENTIFICATION CARD) must be surrendered on the member's last tour of duty prior to commencement of indefinite military leave of absence. Timekeepers must ensure that all Indefinite Military Leaves (thirty days or more) are recorded on MILITARY ABSENCE RECORD (PD433-147) and on ABSENCE AND TARDINESS RECORD (PD433-145). Members of the service enlisting or accepting a commission in any federal military reserve or state militia organization must provide notice to the Department prior to enlistment. Members of the service must submit a report on Typed Letterhead regarding "Notification to Enlist in the Military Reserves/National Guard" to their commanding officer who will endorse the notification and forward to the Commanding Officer, Military and Extended Leave Desk. The report on Typed Letterhead may be obtained by accessing the Military and Extended Leave Desk website, under Military Information and Forms. RELATED PROCEDURES Definite Military Leave (P.G. 205-22) FORMS AND REPORTS PROPERTY RECEIPT-DISCONTINUANCE OF POLICE SERVICE (PD520-013) PROPERTY CLERK INVOICE (PD521-141) IDENTIFICATION CARD (PD416-091) MILITARY ABSENCE RECORD (PD433-147) ABSENCE AND TARDINESS RECORD (PD433-145) P.G. 205-24 Special Leave For Former Members Of The Armed Forces Date Effective: 08/01/13 PURPOSE To establish eligibility for Veterans Day, Memorial Day and/or Independence Day leave of absence. SCOPE ELIGIBILITY REQUIREMENTS: Veterans Day and Memorial Day a. Service on active duty in the armed forces of the United States and honorably discharged or separated under honorable conditions. (Members who served as reservists on extended ACTIVE DUTY FOR TRAINING ONLY, are not entitled to this excusal). b. Service in the armed forces of a country allied with the United States in World War II, or during the Korean conflict between June 25, 1950 and January 31, 1955, or during the Vietnam conflict between January 1, 1963 and May 7, 1975. Independence Day a. Service in, and honorably discharged from, the Naval Militia, National Guard or Reserve forces of the Armed Forces at a time when the United States was not at war. The date that will serve as the basis for special leave excusal will be the date on which this Department observes the holiday. PROCEDURE When seeking to establish eligibility for Veterans Day, Memorial Day and/or Independence Day leave of absence: UNIFORMED MEMBER OF THE SERVICE 1. Submit to commanding officer/supervisory head, a written request and original copy of: a. Honorable Discharge and/or Separation Certificate (DD 214) with any other document(s) which substantiates eligibility for Veterans Day and Memorial Day leave of absence. b. Honorable Discharge and/or Military Order indicating separation was under honorable conditions from National Guard, Naval Militia or Reserve forces of the United States, together with any other documentation indicating entitlement to Independence Day leave of absence. C.O. /SUPV. HEAD 2. Forward Commanding Officer's endorsement recommending approval/disapproval and all copies of documentation submitted, to Commanding Officer, Military and Extended Leave Desk. C.O., MILITARY AND EXTENDED LEAVE DESK 3. Review all documentation submitted to determine if member is entitled to leave. 4. Prepare endorsement indicating leave to which member is entitled to and forward all submitted documents to commanding officer/supervisory head concerned. 5. Have endorsement and supporting documentation placed in member's Personal Folder. ADDITIONAL DATA Due to exigencies of the service, leave will be granted, as follows: * Captains - according to the needs of the service. * One lieutenant in a precinct. * Three sergeants in a precinct where seven or more are performing duty. * Two sergeants in a precinct where there are less than seven performing duty. * Not more than 40% of the total number of police officers entitled to this leave in a precinct. Commands other than precincts, 40% equitably apportioned among various ranks. Preference will be given to senior members in each rank. In order to be granted excusal under this procedure, the member must take the excusal for the holiday on the day the holiday is observed by this Department. However, if the uniformed member works the holiday (either as a scheduled workday or on an overtime basis), said member will be excused from one tour for such day upon request (exigencies of the service permitting). This excusal must be utilized within six months of the specific holiday. Uniformed members of the service who are on vacation, sick report, absent with leave or excused from duty on any of these days, according to their regular duty chart are NOT eligible for this leave. If a member had been previously turned down for entitlements under this procedure, and the uniformed member supplies new documents to substantiate entitlements, copies of all documents will be forwarded as outlined above. P.G. 205-25 Bereavement Leave I.O. 8 s 11 Issued 02-15-11 Patrol Guide Procedure 205-25, "Bereavement Leave" was revised and transferred to the Administrative Guide and is now A.G. Procedure 320-02, "Bereavement Leave." Therefore, remove and discard Patrol Guide Procedure No: 205-25. P.G. 205-26 Jury Duty Leave For Uniformed Members Of The Service Date Effective: 08/01/13 PURPOSE To provide a set of guidelines to be followed by those uniformed members of the service directed to appear for jury duty in Federal, State, and City courts, as well as other municipal courts in the resident counties. NOTE: Although uniformed members of the service are no longer exempt from jury duty due to their occupation as police officers, they may still attempt to claim an exemption under other circumstances as listed on the exemption claim form. PROCEDURE When a uniformed member of the service is directed to appear for jury duty in court: UNIFORMED MEMBER OF THE SERVICE 1. Notify commanding officer immediately upon receipt of a notice to appear for jury duty. The commanding officer shall ensure that entries concerning scheduled dates to appear for jury duty are entered in the command diary. NOTE: Uniformed member's regular work schedule as it pertains to days off shall not be adjusted to accommodate his/her jury duty appearance. On days in which a uniformed member performs jury duty that are his/her regular days off, the member shall be entitled to retain the jury duty fee. Uniformed members scheduled to work on a day in which they are also scheduled for jury duty will be excused from their regular tour of duty and will begin their tour at 0800 hours for payroll purposes (the length of the tour shall be consistent with the officer's normal chart) and will be required to remit to the city any jury duty fee they receive. Members whose jury duty appearance ends before the end of their scheduled tour shall be required to notify their command for instructions or request lost time, needs of the service permitting. Members will not be entitled to receive overtime compensation for jury duty service that goes beyond the end of their scheduled tour. Uniformed members shall be entitled to keep travel fees as provided by the courts. 2. Provide official documentation of the jury duty service, including dates and times of attendance in the form of a court issued Certificate of Service, to the integrity control officer. The integrity control officer shall review the forms and ensure that members have complied with the provisions of this order. Failure to provide such documentation may result in disciplinary action. 3. Opt to do one of the following when a jury duty appearance conflicts with a scheduled annual vacation: a. Attempt to postpone their jury duty appearance. successful. b. Cancel their vacation pick or portion thereof. Notify command, if Notify command. c. Perform jury duty on vacation and retain jury duty fees for those days. Notify command. 4. Notify commanding officer and the district attorney's office concerned when jury duty conflicts with other Department scheduled court appearances. If necessary, commanding officers are to prepare and forward a written request to the appropriate county Commissioner of Jurors on Department letterhead explaining the conflict and reason for excusal from jury duty. The explanation should be accompanied by proof of member's unavailability for jury duty, such as a subpoena from the District Attorney's office. If the Department is unable to resolve the conflict, the matter will be referred to the District Attorney's office for further attention. 5. Comply with the directives of the court concerning your next jury duty appearance when placed on ALERT. If activated, members shall immediately notify their command and be scheduled according to the provisions of paragraph 1 through 4 of this order. 6 Notify command and/or Medical Division, if required, and the appropriate court, if reporting sick while on jury duty. Normal sick leave procedures shall apply regarding performance of police duty, however, members on sick leave who are directed to appear at jury duty will notify the Medical Division. The Medical Division will carry the member in the "Out of Residence Log," when such member is performing jury duty. Members are required to notify the Medical Division immediately upon returning to their residence from jury duty. ADDITIONAL DATA Uniformed members shall be guided by the rules of the courts concerning carrying of their off-duty firearms while on jury duty. Fees rendered for jury duty will be processed in the same manner for uniformed members as for civilian members as listed in A.G. 319-22, "Civilian Employee Reimbursement to City for Jury Service." Any questions concerning the contents of this procedure should be referred to the Office of Labor Relations at (212) 374-5060. P.G. 205-27 Pregnancy Related Guidelines For Uniformed Members Of The Service Date Effective: 08/01/13 PURPOSE To notify the Department when a female uniformed member of the service receives a positive result from a pregnancy test conducted by her private physician. DEFINITION PREGNANCY STATUS - A female uniformed member of the service who is placed on non-enforcement duties by her district surgeon due to her pregnancy condition. This status is similar to restricted duty. PROCEDURE When a uniformed member of the service is informed by her private physician that she is pregnant: UNIFORMED MEMBER OF THE SERVICE 1. Notify district surgeon by telephone of pregnancy condition. 2. Send follow-up notification, indicating confirmation of pregnancy and due date via: a. FAX AND: b. Department mail (send original documentation from private physician). NOTE: Pregnant members of the service will not have to personally visit their district surgeon to report their positive pregnancy condition. DISTRICT SURGEON CONCERNED 3. Place member of the service on "pregnancy status" after receiving telephonic, mail and FAX notification. 4. Send member's medical records to the Pregnancy Medical District. 5. Send a note to member's private physician explaining Department guidelines concerning pregnancy assignment and sick policy, when necessary and appropriate. UNIFORMED MEMBER OF THE SERVICE 6. Comply with P.G. 205-01, "Reporting Sick," when unable to perform duty due to illness or other physical condition. a. Report to Pregnancy Medical District any time it is necessary to see a surgeon. 7. Comply with P.G. 204-03, "Uniforms," as it relates to the wearing of the uniform. PREGNANCY MEDICAL DISTRICT SURGEON 8. Commence sick leave for pregnant member of the service approximately four weeks before the expected date of delivery. 9. Terminate sick leave approximately six weeks following delivery. NOTE: In some circumstances, pregnant members of the service will commence sick leave prior to the fourth (4th) week before their expected date of delivery. These decisions will be made on a case by case basis by the Pregnancy Medical District Surgeon. UNIFORMED MEMBER OF THE SERVICE 10. Telephone the Pregnancy Medical District Surgeon on the following two occasions: a. To confirm actual delivery date - this should be done within ten days of said date. b. During the fifth (5th) post-delivery week to allow the Pregnancy Medical District Surgeon to determine the member's return to duty date. (1) Provide the Pregnancy Medical District Surgeon with documentation, if additional sick time is required. NOTE: The continuance of sick leave and the determination of the member's status will be made by the Pregnancy Medical District Surgeon. PREGNANCY MEDICAL DISTRICT SURGEON 11. Reassign medical records of members of the service back to her original medical district after her return to full duty status. ADDITIONAL DATA The Pregnancy Medical District located at 1 Lefrak City Plaza, 59-17 Junction Boulevard, Corona, New York, will include a specifically designated surgeon and a nurse exclusively assigned. Additionally, when required to see the Pregnancy Medical District Surgeon, pregnant members will be seen in a separate area or at a separate time to avoid possible exposure to illness. Once placed on "pregnancy status," by the district surgeon, the member may be reassigned to another command which performs non-enforcement duties. (e.g., the Medical Division, etc.) or may remain within the permanent command depending upon the needs of the Department. Pregnant uniformed members of the service will no longer be required to make routine pregnancy visits to the surgeon. Recurring pregnancy related illness will be counted as one sick report, if the member provides proper documentation from her private physician and with the approval of the Pregnancy Medical District Surgeon. Repeated "undocumented" and "unapproved" sick leaves can lead to a "chronic sick" designation. The following conditions, if minor, will not automatically be valid reasons for pregnancy related absence: a. Nausea (morning sickness) b. Lower back pain c. Mild leg swelling d. Fatigue e. Other conditions limited to a few days duration. The above listed conditions are considered by the medical profession to be a normal part of pregnancy. If a member of the service reports sick for these minor conditions, the sick report will not be valid for consolidation as an absence related to pregnancy illness. A pass MAY be granted, if the Pregnancy Medical District Surgeon determines that the issuance of such a pass would not adversely affect the member's health. The pre-delivery pass becomes void after hospitalization. Pregnancy status does not preclude a member of the service from being promoted. Pregnant members of the service, as well as members on restricted duty/limited capacity, assigned to "Investigative Track Units" may appeal any deductions of investigative time earned, while on "pregnancy status," if they were performing normal investigative duties during that time period. (see A.G. 320-35, "Promotion to Third Grade Detective (Investigator)." When a pregnant member is required to appear in court, before a Grand Jury or other government agency, she may appear in business attire or uniform. Pregnant members are not required to attend the Firearms and Tactics qualification cycles. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Uniforms (P.G. 204-03) Absence Control (A.G. 318-12) Chronic Absence Control Program (A.G. 318-13) P.G. 205-28 Child Care Leave Of Absence Date Effective: 08/01/13 PURPOSE To process requests for child care leave of absence, without pay, made by uniformed members of the service. DEFINITION CHILD CARE period not later than As used in Personnel. LEAVE OF ABSENCE - An unpaid leave of absence for a continuous to exceed three hundred and sixty-five (365) days commencing no one year after the birth of the member's child, natural or adopted. this procedure, the approving officer will be the Chief of PROCEDURE When a uniformed member of the service requires child care leave of absence without pay: UNIFORMED MEMBER OF THE SERVICE 1. Notify commanding officer/supervisory head of intention to request leave of absence a minimum of six weeks prior to anticipated birth date of child, or six weeks prior to date when uniformed member of the service wishes to commence leave of absence, as appropriate. COMMANDING OFFICER 2. Direct uniformed member of the service to contact the Military and Extended Leave Desk immediately for instructions. UNIFORMED MEMBER OF THE SERVICE 3. Submit all forms to commanding officer/supervisory head as directed by the Military and Extended Leave Desk. COMMANDING OFFICER 4. Ensure that member's firearms and all Department property (except Department Manual) are surrendered and indicate such on PROPERTY RECEIPTDISCONTINUANCE OF SERVICE (PD520-013). a. Under caption "Member is Applying For:" indicate "Extended Leave of Absence" and "Without Pay." 5. Distribute PROPERTY RECEIPT-DISCONTINUANCE OF SERVICE as follows: a. Original - Attach to member's request for leave of absence b. First Copy - To member requesting leave of absence c. Second Copy - Command file d. Remaining Copies - Filed in member's Personal Folder. 6. Endorse member's leave request, as appropriate, recommending APPROVAL and forward DIRECT to Commanding Officer, Military and Extended Leave Desk. 7. Direct that a telephone notification be made to the Payroll Section indicating the date member's leave will commence. INTEGRITY CONTROL OFFICER 8. Forward NYPD Restricted Parking Permits (Misc. 23-N) and Headquarters Annex Parking Permits (Misc. 814HQ-Annex), by messenger, to Internal Affairs Bureau, Vehicle Identification Unit. 9. Forward shield, if applicable, and IDENTIFICATION CARD (PD416-091), by messenger, to Employee Management Division, Shield /Identification Card Unit, and obtain receipt. C.O., MILITARY AND EXTENDED LEAVE DESK 10. Direct that an appropriate background check be conducted on requesting member. 11. Endorse member's request for leave as necessary and forward to Chief of Personnel for approval. C.O., PERSONNEL ORDERS SECTION 12. Direct transfer of member requesting leave to the Military and Extended Leave Desk after request has been APPROVED. ADDITIONAL DATA A child care leave of absence without pay will be granted only after all accrued leave has been exhausted. A uniformed member's vacation is granted January 1, for that year, but is not to be considered accrued unless the member is in a "full pay" status for the required number of tours for that month. A uniformed member of the service who requests a child care leave of absence without pay for less than thirty days will be guided by P.G. 205-20, "Leave of Absence Without Pay Twenty-Nine Days or Less. Member will receive no pay during the leave of absence. Member will required to make up this time lost before member will be considered for retirement. This time on leave will not be credited for pension Any time in excess of six months on leave - no pay status - will be a break in continuous service, and thereby preclude vested interest for five years after return to duty. be eligible purposes. considered retirement All Department property, except the Department Manual, must be surrendered on the member's last tour of duty, prior to commencement of leave of absence. Extensions of a child care leave of absence without pay will NOT be granted. A member may terminate such leave prior to the scheduled expiration date upon advance notification to the Commanding Officer, Military and Extended Leave Desk. While on a leave of absence, a uniformed member of the service will be required to appear for any hearings or trials in which the member is the arresting officer, witness, or respondent and will notify the Commanding Officer, Military and Extended Leave Desk prior to such appearance. The Military and Extended Leave Desk will make salary payment computations upon documentation of mandatory appearance. A member of the service will not be considered ineligible for promotion solely because of an approved leave of absence. If a member is scheduled for promotion during the leave, member will be notified by the Department to be present on the day of the promotion. Any extended leave of absence without pay may effect health benefits. Members on leave of absence will, however, be able to purchase health insurance for a limited period of time at a group rate. Questions may be referred to the Health Insurance Section at (646) 610-5122. RELATED PROCEDURES Leave of Absence Without Pay Twenty-Nine Days Or Less (P.G. 205-20) Leave of Absence Without Pay Thirty Calendar Days Or More (P.G. 205-21) FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) PROPERTY RECEIPT/DISCONTINUANCE OF SERVICE (PD520-013) P.G. 205-29 Random Drug Screening Date Effective: 08/01/13 RANDOM DRUG SCREENING PURPOSE To randomly screen uniformed members of the service (other than those assigned to the Organized Crime Control Bureau, the Internal Affairs Bureau, or probationary police officers in training at the Police Academy) for illegal drug/controlled substance usage. SCOPE The Department's goal is to ensure that uniformed members of the service do not use illegal drugs/controlled substances, maintain high standards of performance, and are afforded an opportunity to work in a drug-free environment. NOTE: Uniformed members of the service assigned to the Organized Crime Control Bureau, Internal Affairs Bureau and probationary police officers in training at the Police Academy will be subject to separate random drug screening procedures. PROCEDURE To randomly identify uniformed members of the service for illegal drug/controlled substance screening: C.O., MEDICAL DIVISION 1. Direct Management Information Systems Division (MISD) to identify uniformed members of the service for automated random screening by utilizing the department's personnel database. a. Individual members selected for random screening will be identified by social security number. 2. Direct members selected for random screening to appear at the Medical Division at appropriate date and time. UNIFORMED MEMBER OF THE SERVICE SELECTED FOR SCREENING 3. MUST report to Medical Division when notified, except if member is on: a. Sick report b. Regularly scheduled day off c. Military leave d. Annual vacation e. Terminal leave f. Bereavement leave. NOTE: Members previously scheduled for individual days off (other than regular days off) may be excused from the test with the approval of the bureau chief concerned. Members scheduled for court or training on the 8x4 tour will appear for testing immediately upon completion of court or training session. Members scheduled for a 12x8 tour on the testing day will appear for testing immediately upon completion of their scheduled 12x8 tour. Members reporting sick on the testing date will be required to visit a Department Surgeon and obtain approval for excusal from the test. 4. MUST submit to a hair analysis drug screening test. Refusal to submit to test will result in suspension from duty and will be grounds for dismissal from the Department. 5. Prepare form listing all medications ingested or prescribed in the last ninety days, prior to testing. 6. Present shield and IDENTIFICATION CARD (PD416-091) at the testing location to insure proper individual has reported for testing. 7. Comply with instructions received at testing location. ADDITIONAL DATA Three hair samples will be collected, cut as close to the skin as possible. The samples should be collected from the same body area, preferably the head. The samples will be individually placed in separate laboratory supplied "Sample Acquisition Cards," and sealed by the collector in the presence of the test subject. These cards will be placed in separate plastic bags, sealed by the collector, and initialed and dated by the test subject. Two hair samples will be forwarded to the contracted laboratory for analysis. The third hair sample will be safeguarded at the Medical Division for use in retesting should the test of the first two hair samples reveal positive results for illegal drugs/controlled substances. Appropriate chain of custody will be maintained at all times. Privacy and dignity will be protected. Except in unusual circumstances, hair samples will be taken at a facility operated by the Medical Division, or at another health care facility. The hair samples will be collected under maximum feasible privacy. In the event that the member concerned is unable to provide adequate hair samples as required in this procedure, a Department surgeon will be contacted. The Department surgeon, upon conferral with the supervising chief surgeon or designee, may authorize the collection of alternate specimen(s) to complete the drug screening test. Failure to comply with an order by a Department surgeon will be considered a refusal of the test and grounds for dismissal. One or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation testing has been conducted. Negative test results will not be maintained; instead they will be destroyed. Positive test samples will be maintained by the analyzing laboratory in a secure area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty days of notification of such result, submit a written request to the Department Advocate's Office for further (independent) retesting of the collected third hair sample by a laboratory certified by the State of New York Department of Health to conduct forensic drug testing of hair specimens. All retesting expenses, including chain of custody, will be paid by the affected member of the service. The results of the retest will be forwarded by the independent laboratory to the Medical Division. The Medical Division will then forward the results to the Department Advocate's Office. The affected member/counsel will be notified of the results by the Department Advocate's Office. Testing will be conducted only for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Specifications and suspension from duty. RELATED PROCEDURES Administration Of Drug Screening Tests For Cause (P.G. 205-30) Drug Screening Tests For Uniformed Members Of The Service Applying For Assignments To Designated Specialized Units (P.G. 205-31) Random Drug Screening For Uniformed Members Of The Service Assigned To The Organized Crime Control Bureau And The Internal Affairs Bureau (P.G. 205-32) Drug Screening Tests For Uniformed Members Of The Service As A Condition Of Civil Service Promotion (P.G. 205-33) Drug Screening Tests For Uniformed Members Of The Service As A Condition Of Discretionary Promotion (P.G. 205-34) Voluntary Drug Testing (P.G. 205-35) Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) P.G. 205-30 Administration Of Drug Screening Tests For Cause Date Effective: 08/01/13 PURPOSE To investigate and detect illegal drug / controlled substance useage by members of the service (uniformed and civilian). SCOPE The administration of drug screening tests for cause is a procedure utilized by this Department to detect the presence of drugs in the hair and urine of members of the service suspected of illegal drug / controlled substance usage. To balance the public's interest in having a drug-free Police Department against the individual employee's right to privacy, drug screening tests for cause will be administered when there is a reasonable suspicion to believe that a member of the service (uniformed or civilian) is illegally using drugs / controlled substances. When reasonable suspicion does exist, the member suspected of illegally using drugs / controlled substances MUST provide the drug-screening hair and urine samples when directed. Refusal will result in immediate suspension from duty and subsequent service of charges and specifications. PROCEDURE When a member of the service suspects that another member (uniformed or civilian) may be illegally using drugs / controlled substances: MEMBER OF THE SERVICE 1. Immediately notify commanding officer / duty captain or Internal Affairs Bureau Command Center ([212] 741-8401). a. Provide rank, name and command of suspected member. COMMANDING OFFICER / DUTY CAPTAIN 2. Notify Internal Affairs Bureau Command Center and obtain a log number. SUPERVISOR DIRECTED TO CONDUCT INVESTIGATION SUPERVISOR CONDUCTING INVESTIGATION 3. Determine if a REASONABLE SUSPICION has been established indicating illegal drug / controlled substance useage. NOTE: Reasonable Suspicion - Exists when evidence or information, which appears reliable, is known to the police supervisor and is of such weight and persuasiveness as to make the supervisor, based upon his / her judgment and experience, reasonably suspect that a member of the service is illegally using drugs / controlled substances. Reasonable suspicion that a member is illegally using drugs / controlled substances must be supported by specific articulable facts from which rational inferences may be drawn. Reasonable suspicion cannot be based upon mere "hunch" or solely upon poor work performance. 4. Prepare INVESTIGATING OFFICER'S REPORT (PD313-153) and record observations and other pertinent data. NOTE: If reasonable suspicion of illegal drug / controlled substance use is based on observation of the suspected member's physical appearance, at least two supervisors must make observations. 5. Prepare a case folder for documentation of all aspects of investigation. 6. Confer with own immediate supervisor if reasonable suspicion has been established that member is illegally using drugs / controlled substances. 7. Contact bureau chief / counterpart / borough commander, upon completion of investigation to obtain approval for drug screening tests. a. If circumstances indicate drug screening samples must be obtained expeditiously, immediately contact bureau chief / counterpart / borough commander for approval. BUREAU CHIEF/COUNTERPART/BOROUGH COMMANDER 8. Approve request for drug screening test ONLY after carefully determining that supervisor conducting investigation has established reasonable suspicion. 9. Direct that member being tested be placed on modified assignment pending results of test, unless other circumstances warrant suspension from duty. NOTE: Approval of bureau chief / counterpart / borough commander must be obtained prior to administration of the drug screening tests. If bureau chief / counterpart / borough commander is not available, executive officer concerned or duty chief may be contacted for approval. SUPERVISOR CONDUCTING INVESTIGATION 10. Contact Medical Division ([718] 760-7609) when approval is received for administration of drug screening tests and obtain Medical Division's drug screening serial numbers. a. Obtain Medical Division's drug screening serial numbers even if member refuses tests. b. Include Medical Division's drug screening serial numbers in case folder along with all other documentation. NOTE: If the Medical Division is closed, contact the Sick Desk supervisor ([718] 760-7606). 11. Advise member suspected of illegal drug / controlled substance usage that refusal to provide hair and urine samples will result in immediate suspension from duty. 12. Notify the Department Advocate's Office that drug screening tests has been ordered, provide all pertinent information and obtain identity of member notified. a. Notify Medical Division to make entry in "Drug Screening Test Log" under caption "DEPARTMENT ATTORNEY NOTIFIED." 13. Inform supervisor conducting investigation where hair and urine samples will be taken and procedure to be followed. 14. Maintain "Drug Screening Test Log" in an appropriate Department record book, captioned across a double page, as follows: First Page Drug Screening Test# Date Time Second Page Department Attorney Notified Name of Member Tested Tax Registry Number Witness to Test Command Results of Test Member Requesting Test Command Remarks ADDITIONAL DATA A Department surgeon, specifically a medical doctor employed by the Department, may order a drug screening test without securing the prior approval of the bureau chief / counterpart / borough commander concerned. However, when a Department surgeon orders a test for a member of the service he / she suspects of illegal drug / controlled substance usage, the Department surgeon will first confer with the supervising chief surgeon or designee, if feasible. The investigator's case folder will be sealed to protect the employee's right to privacy in those cases in which the result of the drug screening test do not indicate the presence of an illegal drug / controlled substance. The folder will not be unsealed without the written authorization of the Deputy Commissioner-Legal Matters. The case folder will be filed in the appropriate borough Investigations Unit with a copy to the Internal Affairs Bureau. Furthermore, any reference to the administration of the drug screening test in the personal folder of the member concerned will be expunged. [I.O. 10-1, s. 06] An investigating supervisor finding controlled substances / contraband, such as drugs or instruments used to administer drugs (e.g., hypodermic syringes / needles, crack pipes, etc.) on or in the vicinity of a member of the service (uniformed or civilian) suspected of illegal drug / controlled substance usage will have such items invoiced on PROPERTY CLERK INVOICE (PD521-141) as "Investigatory Evidence" and comply with the pertinent provisions of P.G. 218-24, "Processing Controlled Substances / Marijuana Contraband Stored at Station House" and P.G. 218-25, "Processing Controlled Substances / Marijuana Contraband Not Stored at Station House". In addition, the investigating supervisor will have the following statement entered in capital letters in the "Remarks" section of the INVOICE: "NOT TO BE DESTROYED WITHOUT APPROVAL OF THE DEPARTMENT ADVOCATE'S OFFICE." Three hair samples will be collected, cut as close to the skin as possible. The samples should be collected from the same body area, preferably the head. The samples will be individually placed in separate laboratory supplied "Sample Acquisition Cards," and sealed by the collector in the presence of the test subject. These cards will be placed in separate plastic bags, sealed by the collector, and initialed and dated by the test subject. Two hair samples will be forwarded to the contracted laboratory for analysis. The third hair sample will be safeguarded at the Medical Division for use in retesting should the test of the first two hair samples reveal positive results for illegal drugs / controlled substances. Appropriate chain of custody will be maintained at all times. Two urine samples will also be collected, each in a separate vial. Prior to testing, the drug screening serial number assigned by the Medical Division and date of test will be affixed to each vial. The serial number will be logged separately with the member's name and maintained at the Medical Division. The member being tested and the witness will then initial the vial stickers. The vials will be sealed in the member's presence after the urine samples have been collected. Appropriate chain of custody will be maintained at all times. Privacy and dignity will be protected. The hair and urine samples will be collected under maximum feasible privacy. Except in unusual circumstances, only one person of the same sex will be present with the test subject to observe the urine sample being provided. For chain of custody purposes, that same person will also collect the hair samples. One or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation testing has been conducted. Positive test samples will be maintained by the analyzing laboratory in a secure area, and remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose tests are positive may, within sixty days of notification of such results, submit a written request to the Department Advocate's Office for further (independent) retesting of the collected samples by a laboratory certified by the State of New York Department of Health to conduct the particular type of forensic drug testing (i.e., urine or hair) being requested. All retesting expenses, including chain of custody, will be paid by the affected member of the service. The results of the retest will be forwarded by the independent laboratory to the Medical Division. The Medical Division will then forward the results to the Department Advocate's Office. The affected member/counsel will be notified of the results by the Department Advocate's Office. Positive test results, which indicate illegal drug / controlled substance use, will result in Department Charges and Specifications, and suspension from duty. RELATED PROCEDURES Reporting Violations Observed By Supervisors (P.G. 206-01) Preparation of Charges and Specifications (P.G. 206-05) Service and Disposition of Charges and Specifications (P.G. 206-06) Cause for Suspension or Modified Assignment (P.G. 206-07) Interrogation of Members of the Service (P.G. 206-13) Suspension from Duty-Uniformed Member of the Service (P.G. 206-08) Modified Assignment (P.G. 206-10) FORMS AND REPORTS INVESTIGATING OFFICER'S REPORT (PD313-153) PROPERTY CLERK INVOICE (PD521-141) P.G. 205-31 Drug Screening Tests For Uniformed Members Of The Service Applying For Assignments To Designated Specialized Units Date Effective: 10-16-13 PURPOSE To screen for illegal drug/controlled substance usage by uniformed members of the service applying for assignment to designated specialized units. DEFINITION DESIGNATED SPECIALIZED UNITS - For the purpose of this procedure the following units will be included: Organized Crime Control Bureau, Internal Affairs Bureau, Detective Bureau, Deputy Commissioner Counterterrorism, Special Operations Division, Intelligence Bureau, Highway District, Quality Assurance Division, and any other unit subsequently designated a specialized unit for the purpose of this procedure. SCOPE The Department has a substantial interest in ensuring that uniformed members of the service applying for assignments to designated specialized units do not use illegal drugs/controlled substances and maintain the highest standards of integrity and performance. PROCEDURE Uniformed members of the service applying for assignment to designated specialized units: UNIFORMED MEMBER OF THE SERVICE 1. MUST sign form indicating that they understand that drug screening is part of the application process for assignment to designated specialized units. a. The drug screening can occur at any time after the application has been submitted, or after member is temporarily or permanently assigned to the designated specialized unit. NOTE: Prior to being notified to report for a drug screening test or prior to being temporarily or permanently assigned to a designated specialized unit, applicants may withdraw their application with no penalty or requirement to submit to a drug screening by submitting a written request to their commanding officer. 2. MUST submit to test when notified to report for drug screening. Refusal to submit to the test will result in suspension from duty and will be grounds for dismissal from the Department. All applicants will be tested. NOTE: In all cases, if a uniformed member of the service refuses to submit to a test, the permanent command will be responsible for suspending member and complying with P.G. 206-08, "Suspension from Duty-Uniformed Member Of The Service." 3. Prepare form listing all medications ingested or prescribed in the last ninety days, prior to testing. 4. Present shield and IDENTIFICATION CARD (PD416-091) to be checked at the testing location to ensure proper individual has reported for testing. 5. Comply with instructions received at testing location. ADDITIONAL DATA Three hair samples will be collected, cut as close to the skin as possible. The samples should be collected from the same body area, preferably the head. The samples will be individually placed in separate laboratory supplied "Sample Acquisition Cards," and sealed by the collector in the presence of the test subject. These cards will be placed in separate plastic bags, sealed by the collector, and initialed and dated by the test subject. Two hair samples will be forwarded to the contracted laboratory for analysis. The third hair sample will be safeguarded at the Medical Division for use in retesting should the test of the first two hair samples reveal positive results for illegal drugs/controlled substances. Appropriate chain of custody will be maintained at all times. Privacy and dignity will be protected. Except in unusual circumstances, hair samples will be taken at a facility operated by the Medical Division, or at another health care facility. The hair samples will be collected under maximum feasible privacy. In the event that the member concerned is unable to provide adequate hair samples as required in this procedure, a Department surgeon will be contacted. The Department surgeon, upon conferral with the supervising chief surgeon or designee, may authorize the collection of alternate specimen(s) to complete the drug screening test. Failure to comply with an order by a Department surgeon will be considered a refusal of the test and grounds for dismissal. One or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation testing has been conducted. Negative test results will not be maintained; instead they will be destroyed. Positive test samples will be maintained by the analyzing laboratory in a secure area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty days of notification of such result, submit a written request to the Department Advocate's Office for further (independent) retesting of the collected third hair sample by a laboratory certified by the State of New York Department of Health to conduct forensic drug testing of hair specimens. All retesting expenses, including chain of custody, will be paid by the affected member of the service. The results of the retest will be forwarded by the independent laboratory to the Medical Division. The Medical Division will then forward the results to the Department Advocate's Office. The affected member/counsel will be notified of the results by the Department Advocate's Office. Testing will be conducted only for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Specifications and suspension from duty. Uniformed members of the service screened under this procedure will continue to be subject to drug screening pursuant to the Department's random drug screening procedures. RELATED PROCEDURES Random Drug Testing (P.G. 205-29) Administration Of Drug Screening Tests For Cause (P.G. 205-30) Random Drug Screening For Uniformed Members Of The Service Assigned To The Organized Crime Control Bureau And The Internal Affairs Bureau (P.G. 205-32) Drug Screening Tests For Uniformed Members Of The Service As A Condition Of Civil Service Promotion (P.G. 205-33) Drug Screening Tests For Uniformed Members Of The Service As A Condition Of Discretionary Promotion (P.G. 205-34) Voluntary Drug Testing (P.G. 205-35) Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) P.G. 205-32 Drug Screening Tests For Uniformed Members Applying For And Assigned To O.C.C.B. Date Effective: 08-01-13 PURPOSE To randomly screen uniformed members of the service assigned to Organized Crime Control Bureau (OCCB) and Internal Affairs Bureau (IAB) for illegal drug/controlled substance usage. SCOPE The Department and individual members assigned to Organized Crime Control Bureau and Internal Affairs Bureau have a substantial interest in ensuring that uniformed members of the service assigned to these bureaus do not use illegal drugs/controlled substances. In these assignments, the sternest precautionary safeguards are necessary to ensure that members maintain the highest standards of integrity and performance. NOTE: Uniformed members of the service assigned to commands other than OCCB and IAB will be subject to separate random drug screening procedures. PROCEDURE Uniformed members of the service assigned to Organized Crime Control Bureau (OCCB) and Internal Affairs Bureau (IAB): SUPERVISOR, MISD, SYSTEMS DEVELOPMENT SECTION 1. Prepare a computer program that utilizes the Department's personnel databases to randomly identify uniformed members of the service assigned to OCCB and IAB for drug screening. a. Individual members selected for random screening will be identified solely by social security number. CHIEF, OCCB AND IAB 2. Direct members selected for random screening to appear at the Medical Division at appropriate date and time. 3. Provide the Medical Division's Drug Testing Unit with a listing of members selected for random screening along with dates and times they are scheduled to appear. UMOS ASSIGNED TO OCCB OR IAB SELECTED FOR TESTING 4. MUST report to the Medical Division when notified EXCEPT if member is on: a. Sick report b. Regularly scheduled day off c. Military leave d. Annual vacation e. Terminal leave f. Bereavement leave NOTE: Members previously scheduled for individual days off (other than regular days off) may be excused from the test with the approval of the bureau chief concerned. Members scheduled for court or training on the 8 x 4 tour will appear for testing immediately upon completion of the court or training session. Members scheduled for a 12 x 8 tour on the testing day will appear for testing immediately upon completion of their scheduled 12 x 8 tour. Members reporting sick on the testing day will be required to visit a Department surgeon and obtain approval for excusal from the test. 5. MUST submit to a hair analysis drug screening test. Refusal to submit to the test will result in suspension from duty and will be grounds for dismissal from the Department. 6. Prepare form listing all medications ingested or prescribed in last ninety days, prior to testing. 7. Present shield and IDENTIFICATION CARD (PD416-091) at testing location to ensure the proper individual has reported for testing. 8. Comply with instructions received at testing location. ADDITIONAL DATA Three hair samples will be collected, cut as close to the skin as possible. The samples should be collected from the same body area, preferably the head. The samples will be individually placed in separate laboratory supplied "Sample Acquisition Cards," and sealed by the collector in the presence of the test subject. These cards will be placed in separate plastic bags, sealed by the collector, and initialed and dated by the test subject. Two hair samples will be forwarded to the contracted laboratory for analysis. The third hair sample will be secured at the Medical Division for use in retesting, should the test of the first two hair samples reveal positive results for illegal drugs/controlled substances. Appropriate chain of custody will be maintained at all times. Privacy and dignity will be protected. Except in unusual circumstances hair samples will be taken at a facility operated by the Medical Division, or at another health care facility. The hair samples will be collected under maximum feasible privacy. In the event that the member concerned is unable to provide adequate hair samples as required in the procedure, a Department surgeon will be contacted. The Department surgeon, upon conferral with the supervising chief surgeon or designee, may authorize the collection of alternate specimen(s) to complete the drug screening test. Failure to comply with an order by a Department surgeon will be considered a refusal of the test and grounds for dismissal. One or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation testing has been conducted. Negative test results will not be maintained, instead they will be destroyed. Positive test samples will be maintained by the analyzing laboratory in a secure area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty days of notification of such result, submit a written request to the Department Advocate's Office for further (independent) retesting of the collected third hair sample by a laboratory certified by the State of New York Department of Health to conduct forensic drug testing of hair specimens. All retesting expenses, including chain of custody, will be paid by the affected member of the service. The results of the retest will be forwarded by the independent laboratory to the Medical Division. The Medical Division will then forward the results to the Department Advocate's Office. The affected member/counsel will be notified of the results by the Department Advocate's Office. Testing will be conducted only for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Specifications and suspension from duty. RELATED PROCEDURES Random Drug Screening (P.G. 205-29) Administration Of Drug Screening Tests For Cause (P.G. 205-30) Drug Screening Tests For Uniformed Members Of The Service Applying For Assignments To Designated Specialized Units (P.G. 205-31) Drug Screening Tests for Uniformed Members of the Service As A Condition of Civil Service Promotion (P.G. 205-33) Drug Screening Tests for Uniformed Members of the Service As A Condition of Discretionary Promotion (P.G. 205-34) Voluntary Drug Testing (P.G. 205-35) Suspension From Duty-Uniformed Member of the Service (P.G. 206-08) FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) P.G. 205-33 Drug Screening Tests For Uniformed Members Of The Service As A Condition Of Civil Service Promotion Date Effective: 08/01/13 PURPOSE To screen for illegal drug/controlled substance usage by uniformed members of the service as a condition of civil service promotion. SCOPE The Department has a substantial interest in ensuring that uniformed members of the service being considered for promotion through civil service examinations do not use illegal drugs/controlled substances and maintain the highest standards of integrity and performance. DEFINITION CIVIL SERVICE PROMOTION - For the purpose of this procedure, a civil service promotion is a promotion that is received as a result of a competitive civil service examination. Promotions to the following ranks are considered civil service and are covered by this procedure: Sergeant, Lieutenant and Captain. Under this procedure, all candidates for civil service promotions are subject to drug screening. PROCEDURE When candidates for a civil service promotion are required to submit to a drug screening test as per their official Notice of Examination: NOTE: The required screening can occur prior to promotion or after promotion during the probationary period. PRE-PROMOTION PROCEDURES Uniformed members of the service may withdraw as candidates for promotion with no penalty or requirement to submit to drug screening by submitting a written request to their commanding officer. This request should be made after receiving a notification of promotion but prior to actual promotion and prior to receiving a notification to report for a drug screening test. The candidate's commanding officer will immediately forward two copies of the request to the Chief of Personnel (original through channels, copy DIRECT). POST PROMOTION PROCEDURES After being promoted but prior to receiving a notification to report for a drug screening test, uniformed members of the service may seek restoration to their prior civil service title with no penalty or requirement to submit to drug screening, by submitting a written request to their commanding officer, who will immediately forward two copies of this request to the Chief of Personnel (original through channels, copy DIRECT). UNIFORMED MEMBER CONCERNED 1. Submit to test when notified to report for drug screening. a. Refusal to submit to the test will result in suspension from duty and will be grounds for dismissal from the Department. b. All uniformed members of the service will be tested as a condition of civil service promotion. NOTE: In all cases, if a uniformed member of the service refuses to submit to the test, the permanent command will be responsible for suspending the member and complying with P.G. 206-08, "Suspension From Duty-Uniformed Member Of The Service". 2. Prepare form listing all medications ingested or prescribed in the last ninety days, prior to testing. 3. Present shield and IDENTIFICATION CARD (PD 416-091) at the testing location to ensure that the proper individual has reported for testing. 4. Comply with instructions received at testing location. ADDITIONAL DATA Three hair samples will be collected, cut as close to the skin as possible. The samples should be collected from the same body area, preferably the head. The samples will be individually placed in separate laboratory supplied "Sample Acquisition Cards," and sealed by the collector in the presence of the test subject. These cards will be placed in separate plastic bags, sealed by the collector, and initialed and dated by the test subject. Two hair samples will be forwarded to the contracted laboratory for analysis. The third hair sample will be secured at the Medical Division for use in retesting, should the test of the first two hair samples reveal positive results for illegal drugs/controlled substances. Appropriate chain of custody will be maintained at all times. Privacy and dignity will be protected. Except in unusual circumstances, hair samples will be taken at a facility operated by the Medical Division, or at another health care facility. The hair samples will be collected under maximum feasible privacy. In the event that the member concerned is unable to provide adequate hair samples as required in this procedure, a Department surgeon will be contacted. The Department surgeon, upon conferral with the supervising chief surgeon or designee, may authorize the collection of alternate specimen(s) to complete the drug screening test. Failure to comply with an order by a Department surgeon will be considered a refusal of the test and grounds for dismissal. One or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation testing has been conducted. Negative test results will not be maintained; instead they will be destroyed. Positive test samples will be maintained by the analyzing laboratory in a secure area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty days of notification of such result, submit a written request to the Department Advocate's Office for further (independent) retesting of the collected third hair sample by a laboratory certified by the State of New York Department of Health to conduct forensic drug testing of hair specimens. All retesting expenses, including chain of custody, will be paid by the affected member of the service. The results of the retest will be forwarded by the independent laboratory to the Medical Division. The Medical Division will then forward the results to the Department Advocate's Office. The affected member/counsel will be notified of the results by the Department Advocate's Office. Testing will be conducted only for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Specifications and suspension from duty. Uniformed members of the service screened under this procedure will continue to be subject to drug screening pursuant to the Department's random drug screening procedures. RELATED PROCEDURES Random Drug Screening (P.G. 205-29) Administration of Drug Screening Tests for Cause (P.G. 205-30) Drug Screening Tests for Uniformed Members of the Service Applying for Assignments to Designated Specialized Units (P.G. 205-31) Random Drug Screening for Uniformed Members of the Service Assigned to Organized Crime Control Bureau and Internal Affairs Bureau (P.G. 205-32) Drug Screening Tests for Uniformed Members of the Service as a Condition of Discretionary Promotion (P.G. 205-34) Voluntary Drug Testing (P.G. 205-35) Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) P.G. 205-34 Drug Screening Tests For Uniformed Members Of The Service As A Condition Of Discretionary Promotion Date Effective: 08/01/13 DRUG SCREENING TESTS FOR UNIFORMED MEMBERS OF THE SERVICE AS A CONDITION OF DISCRETIONARY PROMOTION PURPOSE To screen for illegal drug/controlled substance usage by uniformed members of the service as a condition of discretionary promotion. SCOPE The Department has a substantial interest in ensuring that uniformed members of the service being considered for discretionary promotions do not use illegal drugs/controlled substances and maintain the highest standards of integrity and performance. DEFINITION DISCRETIONARY PROMOTION - For the purpose of this procedure, a "discretionary" promotion is a promotion that is not received as a result of a competitive civil service examination. Promotions to the following ranks are considered discretionary and are covered by this procedure: Detective Specialist, Detective Third Grade, Detective Second Grade, Detective First Grade, Sergeant/Special Assignment, Sergeant/Supervisor Detective Squad, Lieutenant/Special Assignment, Lieutenant/Commander Detective Squad, Deputy Inspector, Inspector, Deputy Chief, Assistant Chief, Bureau Chief and Chief of Department. Under this procedure, all candidates for discretionary promotions are subject to drug screening. PROCEDURE Uniformed members of the service who are candidates for discretionary promotion: UNIFORMED MEMBER CONCERNED 1. Sign form DRUG SCREENING NOTICE-DISCRETIONARY PROMOTION (PD481- 030) which indicates that the member understands that screening is part of the candidate process for discretionary promotion. a. The required screening can occur at any time after the form is signed, but not more than ninety days prior to promotion, and not more than eighteen months after the candidate has been promoted. PRE-PROMOTION PROCEDURES Members may withdraw as candidates for promotion with no penalty or requirement to submit to drug screening by submitting a written request to their commanding officer. This request should be made after receiving a notification of promotion but prior to actual promotion and prior to receiving a notification to report for a drug screening test. (If the candidate has already signed the DRUG SCREENING NOTICE-DISCRETIONARY PROMOTION form, but has not yet been promoted, the candidate may still withdraw from consideration at any time prior to receiving a notification to report for a drug screening test). The candidate's commanding officer will immediately forward two copies of the request to the Chief of Personnel (original through channels, copy DIRECT). POST PROMOTION PROCEDURES After being promoted but prior to receiving a notification to report for a drug screening test, members of the service may seek restoration to their prior title with no penalty or requirement to submit to a drug screening, by submitting a written request to their commanding officer, who will immediately forward two copies of the request to the Chief of Personnel (original through channels, copy DIRECT). 2. Submit to test when notified to report for drug screening. a. Refusal to submit to the test will result in suspension from duty and will be grounds for dismissal from the Department. b. All uniformed members of the service will be tested as a condition of discretionary promotion. NOTE: In all cases, if a uniformed member of the service refuses to submit to the test, the permanent command will be responsible for suspending the member and complying with P.G. 206-08, "Suspension From Duty-Uniformed Member Of The Service". 3. Prepare form listing all medications ingested or prescribed in the last ninety days, prior to testing. 4. Present shield and IDENTIFICATION CARD (PD 416-091) at the testing location to ensure that the proper individual has reported for testing. 5. Comply with instructions received at testing location. ADDITIONAL DATA Three hair samples will be collected, cut as close to the skin as possible. The samples should be collected from the same body area, preferably the head. The samples will be individually placed in separate laboratory supplied "Sample Acquisition Cards," and sealed by the collector in the presence of the test subject. These cards will be placed in separate plastic bags, sealed by the collector, and initialed and dated by the test subject. Two hair samples will be forwarded to the contracted laboratory for analysis. The third hair sample will be secured at the Medical Division for use in retesting, should the test of the first two hair samples reveal positive results for illegal drugs/controlled substances. Appropriate chain of custody will be maintained at all times. Privacy and dignity will be protected. Except in unusual circumstances, hair samples will be taken at a facility operated by the Medical Division, or at another health care facility. The hair samples will be collected under maximum feasible privacy. In the event that the member concerned is unable to provide adequate hair samples as required in this procedure, a Department surgeon will be contacted. The Department surgeon, upon conferral with the supervising chief surgeon or designee, may authorize the collection of alternate specimen(s) to complete the drug screening test. Failure to comply with an order by a Department surgeon will be considered a refusal of the test and grounds for dismissal. One or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation testing has been conducted. Negative test results will not be maintained, instead they will be destroyed. Positive test samples will be maintained by the analyzing laboratory in a secure area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty days of notification of such result, submit a written request to the Department Advocate's Office for further (independent) retesting of the collected third hair sample by a laboratory certified by the State of New York Department of Health to conduct forensic drug testing of hair specimens. All retesting expenses, including chain of custody, will be paid by the affected member of the service. The results of the retest will be forwarded by the independent laboratory to the Medical Division. The Medical Division will then forward the results to the Department Advocate's Office. The affected member/counsel will be notified of the results by the Department Advocate's Office. Testing will be conducted only for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Specifications and suspension from duty. Uniformed members of the service screened under this procedure will continue to be subject to drug screening pursuant to the Department's random drug screening procedures. RELATED PROCEDURES Random Drug Screening (P.G. 205-29) Administration of Drug Screening Tests for Cause (P.G. 205-30) Drug Screening Tests for Uniformed Members of the Service Applying for Assignments to Designated Specialized Units (P.G. 205-31) Random Drug Screening for Uniformed Members of the Service Assigned to Organized Crime Control Bureau and Internal Affairs Bureau (P.G. 205-32) Drug Screening Tests for Uniformed Members of the Service as a Condition of Civil Service Promotion (P.G. 205-33) Voluntary Drug Testing (P.G. 205-35) Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) FORMS AND REPORTS DRUG SCREENING NOTICE-DISCRETIONARY PROMOTION (PD439-030) IDENTIFICATION CARD (PD416-091) P.G. 205-35 Voluntary Drug Testing Date Effective: 08/01/13 VOLUNTARY DRUG TESTING PURPOSE To request permission to voluntarily take a drug screening test to determine illegal drug/controlled substance use. SCOPE This procedure is available to members of the service (uniformed and civilian) who are the subject of unsubstantiated allegations of illegal drug or controlled substance use where the reasonable suspicion standard has not been met. Prior to requesting permission to take a voluntary drug-screening test, which will consist of both hair and urine samples, members involved must consult with an attorney or appropriate line organization representative. PROCEDURE Member of the service (uniformed or civilian) requesting to voluntarily take a drug screening test: MEMBER OF THE SERVICE 1. Prepare a request on Typed Letterhead, addressed to the Chief of Personnel, asking permission to voluntarily take a drug screening test. a. The request must contain: (1) The name of the union representative or attorney consulted regarding taking the drug screening test, and (2) The circumstances under which the member was accused of illegal drug/controlled substance use. 2. Deliver the request, personally, to the Chief of Personnel or designee. NOTE: The request must be delivered to the Chief of Personnel or designee within twenty-four hours of the time the member of the service became aware of the allegation of illegal drug/controlled substance use. CHIEF OF PERSONNEL/ DESIGNEE 3. Upon receipt of request, verify that the member of the service was in fact the subject of an allegation of illegal drug/controlled substance use. 4. Determine if member of the service became aware of the allegation of illegal drug/controlled substance use within twenty-four hours of delivery of request. 5. Direct member of the service to report to the Medical Division for voluntary drug screening test. ADDITIONAL DATA The restrictive nature of this procedure should result in a limited number of drug screening tests; however, the existence of this procedure will contribute to the goal of a drug free Department. This procedure is not available to members of the service who have been notified to report for drug screening pursuant to the Department's random drug screening procedures. RELATED PROCEDURES Administration Of Drug Screening Tests For Cause (P.G. 205-30) FORMS AND REPORT Typed Letterhead P.G. 205-36 Employment Discrimination Date Effective: 11-18-13 PURPOSE To process and resolve all employee complaints of discrimination including gender discrimination, sexual harassment and related retaliation against those who make a complaint of discrimination, including retaliation, or those who cooperate in such an investigation. SCOPE Applicants and members of the service who have a complaint of discrimination, including retaliation, or have any questions regarding these issues, are urged to contact the Office of Equal Employment Opportunity. It is the goal of this Department that the effective use of this procedure will result in an equitable resolution of the complaint and prevent any discriminatory practice from harming other employees. Managers and supervisors are directed to make all employment decisions in accordance with the Department's equal employment opportunity policy. Any supervisor or Equal Employment Opportunity Liaison who becomes aware of any discrimination/retaliation complaint or problem MUST report the complaint or problem to the Office of Equal Employment Opportunity, which will determine the merits of the complaint or problem. Federal, State and/or City laws and the Department Manual, prohibit discrimination based on actual or perceived status of a person's race, color, national origin, alienage or citizenship status, religion or creed, gender (including gender identity), disability, age (18 and over), military status, unemployment status, prior record of arrest or conviction (under some circumstances), marital status, partnership status, predisposing genetic characteristic, sexual orientation, or status as a victim or witness of domestic violence, sexual offenses and stalking and as follows: a. Discriminatory treatment regarding any term, condition or privilege of employment including hiring, assignments, working conditions, salary and benefits, evaluations, promotions, training, transfers, discipline, and termination. b. Sexual harassment of employee(s) by another employee(s). c. Policy that has a disproportionate impact on a group specifically protected by law, unless the policy is justified by business necessity. d. Failure to make a reasonable accommodation (if possible, without undue hardship to the employer) for an employee with a disability, or for an employee's religious observance. e. Discriminatory harassment, intimidation, ridicule, insults, including, but not limited to, using discourteous, disparaging or disrespectful remarks. f. Retaliation and/or harassment against an employee for filing a discrimination complaint or for cooperating in the investigation of a complaint. All forms of discrimination, including retaliation, are prohibited both in the actual workplace and in any location that can be reasonably regarded as an extension of the workplace, such as an off-site Department sanctioned social function. A member of the service should file a complaint with the Office of Equal Employment Opportunity at the earliest opportunity, if the employee believes that a manager, supervisor or any other employee has engaged in any of the conduct described above. NOTE: OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT OF EMPLOYMENT DISCRIMINATION (PD413-150) forms must be readily available at all New York City Police Department facilities. Additionally, this form is available for viewing and printing via the New York City Police Department's Intranet for those individuals who have access to the Department's Local Area Network (LAN). DEFINITIONS EMPLOYMENT DISCRIMINATION - disparate treatment of employees regarding any terms, conditions or privileges of employment including hiring, assignments, working conditions, salary and benefits, evaluations, promotions, training, transfers, discipline and termination, based on actual or perceived status of a person's race, color, national origin, alienage or citizenship status, religion or creed, gender (including gender identity), disability, age (18 and over), military status, unemployment status, prior record of arrest or conviction (under some circumstances), marital status, partnership status, predisposing genetic characteristic, sexual orientation, or status as victim or witness of domestic violence, sexual offenses and stalking. Sexual harassment is a form of gender discrimination. NOTE: The Department prohibits the display in any form of offensive sexual, ethnic, racial, religious, or other discriminatory material in or while using Department facilities or resources. Forms of display include but are not limited to tattoos, graffiti drawn on Department property (e.g. lockers, vehicles, in toilet facilities, ACTIVITY LOGS [PD112-145], Notice of Parking Violations, summonses, or any other Department forms, etc.), poster, (e.g. centerfolds of magazines, etc.), audio recording or broadcast, or an adult movie/program or other offensive material, shown through the use of a video cassette or DVD or received through an adult channel from a cable or satellite company, or through a derogatory e-mail communication, or voice mail communications, or through any electronic or other device. Refer to P.G. 205-37, "Sexual, Ethnic, Racial, Religious, or Other Discriminatory Slurs Through Display of Offensive Material," for guidelines on handling incidents involving the display of offensive material. SEXUAL HARASSMENT - unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or c. Such conduct has the effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment. NOTE: Conduct which can, in certain circumstances, be considered sexual harassment includes, but is not limited to, sexually suggestive remarks, pictures, gesturing, verbal harassment or abuse of a sexual nature, subtle or direct propositions for sexual favors, and any unnecessary, or unwanted, touching, patting or pinching. DISABILITY - a physical, medical, mental, or psychological impairment which substantially limits one or more of the major life activities of the individual; a history or record of such impairment; or being regarded as having such an impairment. NOTE: An applicant or employee who requires an accommodation based on a qualified protected class shall complete a Department form REQUEST FOR REASONABLE ACCOMMODATION FOR NEW YORK CITY POLICE DEPARTMENT JOB APPLICANT (PD407-015) or REQUEST FOR REASONABLE ACCOMMODATION FOR NEW YORK CITY POLICE DEPARTMENT EMPLOYEES (PD407-015-A), as appropriate. These forms must be readily available at all New York City Police Department facilities and on the NYPD intranet. RETALIATION - it is unlawful to retaliate against or harass any person for filing an Equal Employment Opportunity complaint or for cooperating in the investigation of an Equal Employment Opportunity complaint or opposing or reporting any policies, practices, or action which he/she believes to be discriminatory. Any member of the service who engages in such retaliation or harassment will be subject to discipline. REPORTING REQUIREMENTS I. Any non-supervisory member of the service who becomes aware of an employment discrimination complaint or problem is strongly encouraged to report the complaint or the problem to the Office of Equal Employment Opportunity (O.E.E.O.), a supervisor at any level, or an E.E.O. Liaison. II. Any non-supervisory member of the service who becomes aware of a complaint or problem of retaliation for making an E.E.O. complaint or participating in an E.E.O. investigation, or is asked or encouraged to retaliate against a member of the service for making an E.E.O. complaint or participating in an E.E.O. investigation, is strongly encouraged to report that conduct to the O.E.E.O., a supervisor at any level, or an E.E.O. Liaison. III. Any supervisor or E.E.O. Liaison who observes conduct of a discriminatory nature, becomes aware of an allegation or complaint of discrimination or sexual harassment, or who observes or becomes aware of any act of retaliation regarding E.E.O. matters, must notify the O.E.E.O., via telephone, or in person, by the next business day. IV. Any supervisor, who notifies the O.E.E.O. as per subdivision III above, must submit a report on Typed Letterhead, to the O.E.E.O., within five business days. PROCEDURE When a member of the service (uniformed or civilian) or an applicant for employment believes that discrimination or sexual harassment exists as defined herein, and as more fully explained in the Equal Employment Opportunity Policy Statement (SP 297) and/or Sexual Harassment Policy Statement (SP 281), or that retaliation relating to E.E.O. issues has occurred: MEMBER CONCERNED 1. File a complaint with any of the following: a. Supervisor (uniformed or civilian), b. Supervisory head, c. Commanding officer, d. Office of Equal Employment Opportunity. e. Equal Employment Opportunity Liaison. NOTE: Trained Equal Employment Opportunity Liaisons have been designated throughout the Department to provide assistance to complainants, witnesses and others regarding any Equal Employment Opportunity matter. A complete list of E.E.O. Liaisons is located in the "Appendix" of the annual E.E.O. Policy Book. Members of the service may telephone the Office of Equal Employment Opportunity anonymously to file a complaint and/or discuss matters regarding discrimination. An Office of Equal Employment Opportunity investigator will be able to provide counseling and take appropriate follow-up action. Members concerned should understand that the cooperation of complainants and witnesses may be needed to rectify or address a problem of discrimination. SUPERVISOR/SUPERVISORY HEAD/C.O./E.E.O. LIAISON 2. Immediately upon observing conduct of a discriminatory or retaliatory nature, or becoming aware of an allegation or complaint of discrimination, sexual harassment, or retaliation relating to E.E.O. issues, telephone facts to the O.E.E.O., during business hours, or the next business day, Monday through Friday, 0800 to 1800 hours, at telephone number (646) 610-5330. (If non-business hours, leave message on voice mail and an O.E.E.O. investigator will contact caller.) a. Obtain O.E.E.O. case number when applicable, and name of the O.E.E.O. investigator. b. Supervisors and E.E.O. Liaisons will be guided by information received from the O.E.E.O. NOTE: Any supervisor who becomes aware of any employment discrimination complaint or problem must, as soon as practicable, take such actions as directed by the O.E.E.O. to prevent employment discrimination, including sexual harassment, and related retaliation from occurring in the future. Such actions may include, but not be limited to, ordering informal counseling for the respondent, ordering instruction on E.E.O. matters for members of the command/unit, advising members of the command/unit that employment discrimination, including sexual harassment, and retaliation are prohibited, and/or advising the respondent that the N.Y.P.D. will not tolerate such behavior and that discipline may result. Any supervisor who fails to take actions as directed by the O.E.E.O. will be subject to discipline. SUPERVISOR/SUPERVISORY HEAD/C.O. 3. Forward written report, on Typed Letterhead, to the O.E.E.O., within five business days. NOTE: Any supervisor or E.E.O. Liaison who fails to report an employment discrimination complaint or problem, including retaliation, to the O.E.E.O. as required, and/or within the required time frames and/or who fails to take such actions as directed by the O.E.E.O. to prevent employment discrimination, including sexual harassment and retaliation, from occurring in the future will be subject to disciplinary action. OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY 4. Notify commanding officer/supervisory head, if/when appropriate. 5. Emphasize to the commanding officer/supervisory head and all others concerned that reprisal or retaliation, against complainants and/or witnesses, is against the law and allegations of retaliation will be investigated and, if substantiated, members will be subject to disciplinary action. 6. Record required data in appropriate O.E.E.O. record and assign a case number to all E.E.O. complaints. 7. Forward, to the reporting supervisor and the complainant's commanding officer/supervisory head, a memorandum advising them as to their immediate responsibilities regarding the complaint or problem. NOTE: Upon receiving a complaint, the O.E.E.O. will attempt to contact and interview the complainant, and will advise the complainant that he/she may meet with an Office of Equal Employment Opportunity investigator to discuss the complaint at a discreet location of his/her choice to protect his/her confidentiality. Such locations may include the Office of Equal Employment Opportunity or the complainant's home, before, during or after work hours, at the member's request. The choice of location will not include the complainant's command. Additionally, the member will be advised that he/she may be accompanied by a representative of his/her choice. Members of the service must obtain approval from their supervisor before leaving work assignment(s) in order to meet the Office of Equal Employment Opportunity investigator. The member concerned is not required to inform his/her supervisor of the subject matter of the meeting. Supervisors cannot unreasonably deny permission to attend the meeting. Members are reminded that they do not have to notify their supervisors if they meet with O.E.E.O. during non-working hours. 8. Counsel member filing a complaint about options for handling a complaint or refer member to other personnel for assistance. 9. If it is determined that an investigation is to be conducted, notify respondent, in writing, of the nature of the allegation(s), when necessary. Remind respondent that discrimination, including retaliation, will not be tolerated. 10. In cases where conciliation will take place, complete conciliation process within sixty days of receiving a request for conciliation. 11. After completion of the O.E.E.O. investigation, forward results of the investigation conducted by the O.E.E.O. to Police Commissioner with recommendations for specific corrective action, as appropriate. 12. Notify complaining member, in writing, of the outcome of the investigation, and any corrective/disciplinary action taken. a. Notify respondent about the outcome of the investigation, in writing, when appropriate. COMMANDING OFFICER/SUPERVISORY HEAD 13. Conduct field investigation or counsel complainant and conciliate matter as directed by, and under the guidance of, the Deputy Commissioner, Equal Employment Opportunity. 14. At conclusion of investigation/conciliation, forward written report, on Typed Letterhead, to the O.E.E.O., and include copy of entire file. a. Refer to O.E.E.O. case number. b. Include summary of complaint allegation(s) and subsequent findings. c. Advise what corrective action, if any, should be taken to resolve the complaint. d. Make recommendation(s) to preclude a recurrence. 15. Take all reasonable steps necessary to prevent the respondent from engaging in additional employment discrimination, including retaliation, particularly in cases after an O.E.E.O. investigation has substantiated an allegation, in whole or in part. a. Any action taken must be reported to the O.E.E.O. and documented in the complaint file. NOTE: Copies of all documents related to O.E.E.O. complaints and investigation must be maintained in the command, consistent with confidentiality requirements discussed below. ADDITIONAL DATA CONFIDENTIALITY All Equal Employment Opportunity complaints will be handled under the direction of the Deputy Commissioner, Equal Employment Opportunity, who reports directly to the Police Commissioner. These complaints will be handled in consultation with the Office of the Deputy Commissioner, Legal Matters, where appropriate. The Office of Equal Employment Opportunity, all Department supervisors, managers, and Equal Employment Opportunity Liaisons will treat each complaint CONFIDENTIALLY. This means that information obtained from the complainant will not be discussed with other personnel except as necessary to investigate and resolve the complaint, or other matter, or as required by law. Complainants and witnesses should make every effort to maintain the confidential nature of this process. COUNSELING The complainant will be interviewed to ascertain the details of the complaint, and will be apprised of the options for handling the complaint. These may include: A. Investigation by the Deputy Commissioner, Equal Employment Opportunity B. Investigation by the member's commanding officer under the guidance and direction of the Deputy Commissioner, Equal Employment Opportunity C. Mediation by a neutral mediation service D. Conciliation by the O.E.E.O. E. Conciliation by the member's commanding officer under the guidance of the O.E.E.O. F. Further actions the member of the service can take on his/her own behalf G. The member of the service filing a formal complaint with an outside agency H. Referral of the member concerned to other personnel for assistance, if it appears that the complaint does not involve an Equal Employment Opportunity problem. MEDIATION In appropriate cases, certain EEO complaints will be referred for mediation at a neutral mediation service. Mediation is an early dispute resolution program designed to help resolve EEO complaints at the earliest stage possible without the need for a formal investigation. The procedure is not adversarial, but is a means of finding a mutually acceptable end to the parties' differences. This process is voluntary and the parties must mutually agree to the outcome. If the parties cannot agree upon a resolution, the matter will be referred back to the Office of Equal Employment Opportunity for appropriate action. If a resolution is reached after mediation, no notations concerning the matter will be made on the respondent's Central Personnel Index record. CONCILIATION In appropriate cases, an attempt will be made to resolve the complaint with the goal that the parties will voluntarily agree to a resolution of the matter involved. The conciliation process will be conducted consistent with the guidelines issued by the New York City Department of Citywide Administrative Services. INVESTIGATION An investigation will be conducted by the Office of Equal Employment Opportunity or a person acting under the direction of the Deputy Commissioner, Equal Employment Opportunity, which may include a field commander. The investigation begins after the Deputy Commissioner, Equal Employment Opportunity: (1) receives either an oral or a written complaint of discrimination, and (2) determines that the allegations in the complaint are sufficient to establish a case of unlawful discrimination, including retaliation. After receiving the notice and copy of the complaint, the respondent has the right to respond in writing. The respondent's right to respond shall remain in effect until the investigation process has ended. Respondents are encouraged to submit their written response as soon as possible after receipt. Respondents shall make every effort to maintain the confidentiality of the EEO process. In order to encourage members of the service to come forward, all communications between complainants and the Office of Equal Employment Opportunity relating to discrimination complaints will be kept confidential consistent with the above statement regarding CONFIDENTIALITY and consistent with guidelines issued by the New York City Department of Citywide Administrative Services. In appropriate cases, the investigation will be conducted in conjunction with the New York City Police Department's Internal Affairs Bureau. Consultations with other New York City Police Department units during the course of an investigation or other attempt to resolve a complaint of employment discrimination is, as determined by the Deputy Commissioner, Equal Employment Opportunity, consistent with the above statement regarding CONFIDENTIALITY. Any person who is interviewed in the course of an investigation shall have the right to be accompanied by a representative of his/her choice. At the conclusion of an investigation by the O.E.E.O., the Deputy Commissioner, Equal Employment Opportunity will make a confidential written report of the investigation to the Police Commissioner. If the Deputy Commissioner, Equal Employment Opportunity concludes, on the basis of the investigation, that the allegation of discrimination is substantiated, the Deputy Commissioner shall recommend appropriate corrective action. The Police Commissioner will review the report prepared by the Deputy Commissioner, Equal Employment Opportunity and make a final determination regarding the Office of Equal Employment Opportunity investigation and any recommendation for corrective action. Disciplinary action shall be taken in accordance with any applicable provisions of law, rules and regulations, and collective bargaining agreements. Following the endorsement by the Police Commissioner of a recommendation by the Deputy Commissioner, Equal Employment Opportunity that a complaint is substantiated, in whole or in part, the O.E.E.O. will require the commanding officer of the involved command, or other appropriate person, to appear at its office to discuss the final report with the Commanding Officer, O.E.E.O., or his/her designee. The commanding officer or other appropriate person shall take action as may be directed by the O.E.E.O. to address the issues raised therein. The meeting as well as a record of action taken shall be documented in the O.E.E.O. file. Following the endorsement by the Police Commissioner of a recommendation by the Deputy Commissioner, Equal Employment Opportunity, that a complaint of discrimination is "unsubstantiated" (as opposed to "unfounded"), the O.E.E.O. may require a commanding officer of the involved command, or other appropriate person, to appear at its office to discuss the final report with the Commanding Officer, O.E.E.O., or his/her designee. The commanding officer or other appropriate person shall take action as may be directed by the O.E.E.O. to address the issues raised therein. The meeting, as well as a record of action taken, shall be documented in the O.E.E.O. file. If the Deputy Commissioner, Equal Employment Opportunity concludes, as a result of either an O.E.E.O. or field investigation, that an act of employment discrimination or retaliation has occurred but cannot identify the person(s) responsible, the O.E.E.O. may require the commanding officer/unit head of the command/unit of occurrence, or other appropriate person, to appear at the O.E.E.O. to discuss the final report with the Commanding Officer, O.E.E.O., or his/her designee. The commanding officer or other appropriate person shall take action as may be directed by the O.E.E.O. to address the issues raised therein. The meeting as well as a record of action taken shall be documented in the O.E.E.O. file. At the discretion of the Deputy Commissioner, Equal Employment Opportunity, portions of the report may be redacted prior to any such meeting. When charges and specifications are pending against a member of the service, an allegation of discriminatory treatment raised as a defense to the charges by the respondent member of the service shall vest in the exclusive jurisdiction of the Deputy Commissioner, Trials until the charges and specifications have been resolved. After the charges and specifications have been resolved, jurisdiction over the allegation of discrimination shall be assumed by the Deputy Commissioner, Equal Employment Opportunity. In all other disciplinary matters, any allegation of discrimination raised by the respondent member of the service must be filed with the Office of Equal Employment Opportunity. ADDITIONAL PLACES WHERE A COMPLAINT OF DISCRIMINATION MAY BE MADE Any member of the service (uniformed or civilian) or applicant for employment who believes that he/she has experienced discrimination has a right to file a formal complaint with the federal, state or local agencies listed below. A person does not give up this right when he/she files a complaint with the Police Department's Office of Equal Employment Opportunity. The following local, state and federal agencies enforce laws against discrimination: NEW YORK CITY COMMISSION ON HUMAN RIGHTS 40 Rector Street, 9th Floor New York, New York 10006 (212) 306-7500 NEW YORK STATE DIVISION OF HUMAN RIGHTS Headquarters One Fordham Plaza, 4th Floor Bronx, New York 10458 (718)741-8400 OR 20 Exchange Place, 2nd Floor New York, New York 10005 (212) 480-2522 OR 163 West 125th Street, 4th Floor New York, New York 10027 (212) 961-8650 OR 55 Hanson Place, Room 304 Brooklyn, New York 11217 (718) 722-2856 UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION New York District Office 33 Whitehall Street, 5th Floor New York, New York 10004 (212) 336-3620 TTY(212) 336-3622 TIME PERIODS FOR THE TIMELY FILING OF COMPLAINTS OF DISCRIMINATION, INCLUDING RETALIATION, (MEASURED FROM THE DATE OF OCCURRENCE OF A DISCRIMINATORY ACTION): a. New York City Police Department - one year. The one year time period for filing complaints of discrimination, including retaliation, with the New York City Police Department shall not serve as a limitation upon the Department's authority to discipline members of the service as otherwise authorized pursuant to applicable law. b. New York City Commission on Human Rights - one year (New York City Administrative Code, Title 8, Chapter 1). c. New York State Division of Human Rights - one year (New York Executive Law, Article 15, section 297) (may not file if civil action filed first). d. United States Equal Employment Opportunity Commission - one eighty days except that in some instances where there has been a with either (b) or (c) above, the time period may be extended. A service is advised to contact the United States Equal Employment Commission directly for guidance on this issue (42 USC, section 2000e-5[e][i]). hundred and prior filing member of the Opportunity RELATED PROCEDURES Operations Coordinator (P.G. 202-11) Desk Officer (P.G. 202-14) Sexual, Ethnic, Racial, Religious, or Other Discriminatory Slurs Through Display of Offensive Material (P.G. 205-37) FORMS AND REPORTS ACTIVITY LOG (PD112-145) REQUEST FOR REASONABLE ACCOMMODATION FOR NEW YORK CITY POLICE DEPARTMENT JOB APPLICANT (PD407-015) REQUEST FOR REASONABLE ACCOMMODATION FOR NEW YORK CITY POLICE DEPARTMENT EMPLOYEES (PD407-015-A) OFFICE OF EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT OF EMPLOYMENT DISCRIMINATION (PD413-150) Typed Letterhead P.G. 205-37 Sexual, Ethnic, Racial, Religious, Or Other Discriminatory Slurs Through Display Of Offensive Material Date Effective: 08/01/13 PURPOSE To eliminate the display of offensive sexual, ethnic, racial, religious, or other discriminatory material throughout the Department. SCOPE It is the goal of the Department to ensure, to the extent possible, a discrimination free work environment. In furtherance of this goal, the Department prohibits the display of offensive sexual, ethnic, racial, religious, or other discriminatory material. One form of job discrimination, which may create a hostile work environment, is the display of sexually explicit material in the workplace. Other forms of hostile work environment can occur through the display of offensive ethnic, racial, religious, or other discriminatory materials or graffiti, whether they deface Department property or not. Such displays might be in the form of, but are not limited to tattoos, graffiti drawn on Department property (e.g., lockers, vehicles, in toilet facilities, ACTIVITY LOGS [PD112-145], Notice of Parking Violations, summonses, or any other Department forms, etc.), posters, (e.g. centerfolds of magazines, etc.), or an adult movie/program or other offensive material, shown through the use of a video cassette or DVD or received through an adult channel from a cable or satellite company, or an audio recording or broadcast, or an e-mail communication, or through any electronic or other device. No form of defacement of Department property or display of offensive materials or sexually explicit television programs or videotapes, or derogatory e-mail communications, or voice mail communications, in or using Department facilities or resources, is acceptable. Commanding officers and unit heads shall keep their work sites free from such displays etc. PROCEDURE When a display of offensive material is detected: MEMBER CONCERNED 1. Any non-supervisory member of the service (uniformed or civilian) who becomes aware of the display of offensive material is strongly encouraged to report it to one or more of the following: a. Supervisor (uniformed or civilian) b. Supervisory head c. Commanding officer [REV 05-02] d. Equal Employment Opportunity Liaison e. Office of Equal Employment Opportunity (O.E.E.O.). NOTE: As indicated, members of the service have the option of filing a complaint with Equal Employment Opportunity Liaisons. Trained Equal Employment Opportunity Liaisons have been designated throughout the Department to provide assistance to complainants, witnesses and others regarding any Equal Employment Opportunity matter. A complete list of Equal Employment Opportunity Liaisons is located in the "Appendix" of the annual Equal Employment Opportunity Policy Book. A SUPERVISOR WHO BECOMES AWARE OF THE DISPLAY OF OFFENSIVE MATERIAL WILL AS SOON AS POSSIBLE: SUPERVISORY MEMBER 2. Notify O.E.E.O. and obtain case number. 3. Notify commanding officer/unit head. 4. Take possession of, or photograph, the offensive material, under the direction of the O.E.E.O., prior to correcting the condition. 5. Voucher offensive material concerned as investigatory evidence. 6. Make Command Log entry of details. 7. Forward report, on Typed Letterhead, to the O.E.E.O., within five business days. O.E.E.O. 8. Ensure that the commanding officer/unit head is notified of the display of offensive material. COMMANDING OFFICER/UNIT HEAD 9. Inform/advise members of command, as appropriate, upon receiving a complaint of a display of offensive material, or having witnessed such display that: a. A display of offensive material has occurred and that such display violates Department policy; b. This behavior will not be tolerated and is subject to disciplinary action. 10. Confer with O.E.E.O. and determine appropriate follow-up/investigatory action. 11. Notify O.E.E.O., promptly by telephone, of results of any investigation. 12. Forward results of investigation on Typed Letterhead to the Office of Equal Employment Opportunity. ADDITIONAL DATA It will be incumbent upon all supervisors, and in particular the operations coordinator and the desk officer, when they make their daily inspections as provided for in P.G. 202-11, "Operations Coordinator" and P.G. 202-14, "Desk Officer", to ensure that no form of offensive material is displayed. Also, all Department vehicles will be inspected by the operator, prior to use, to ensure that there is no graffiti or any other form of offensive sexual, ethnic, racial, religious, or other discriminatory material displayed. Should any such material be found in a Department vehicle, the procedures detailed above will be followed. After business hours and on weekends, O.E.E.O. receives messages via office voice mail and will make return phone calls on the next business day. In addition to reporting the observation to O.E.E.O, corrective action may take the form of removing the offensive material if it is a magazine or poster, etc., or having a WORK ORDER (PD176-161) prepared and forwarded, if necessary. In addition, the following rules regarding audio recordings and broadcasts, cable television services or the use of video cassette recorders (VCR's) and tapes in Department facilities will be adhered to: a. Sexually explicit audio broadcasts, television programs or videotapes shall not be listened to, shown or viewed in Department facilities, unless necessary as part of a documented, on-going, official investigation. b. Premium channels, which provide sexually explicit material, will not be permitted to be received on any cable box at a Department facility. c. Commanding officers/unit heads will contact cable television companies and have them "block out" any stations received on the basic package which routinely show sexually explicit programming, if possible. Commanding officers/unit heads must stress to their subordinates that these forms of behavior will not be tolerated. RELATED PROCEDURES Operations Coordinator (P.G. 202-11) Desk Officer (P.G. 202-14) Employment Discrimination (P.G. 205-36) FORMS AND REPORTS Typed Letterhead ACTIVITY LOG (PD112-145) WORK ORDER (PD176-161) P.G. 205-38 Investigation Of Incidents Of Retaliation Against Members Of The Service Date Effective: 08/01/13 INVESTIGATION OF INCIDENTS OF RETALIATION AGAINST MEMBERS OF THE SERVICE PURPOSE To provide guidelines in accordance with the provisions of the Whistleblowers Law for the investigation of allegations of retaliation made by members of the service who have voluntarily reported misconduct or corruption. DEFINITION WHISTLEBLOWERS LAW - An Administrative Code provision which encourages City employees to report improper conduct, i.e., corruption, criminal activity, conflict of interest, gross mismanagement or abuse of authority, within their respective agencies. This law protects City employees who report such wrongdoing from any form of retaliation, i.e., dismissal, demotion, suspension, disciplinary action, negative performance evaluation, any action resulting in loss of staff, office space or equipment or other benefit, failure to appoint, failure to promote, or any transfer or assignment or failure to transfer or assign against the wishes of the affected employee. SCOPE The Department has the responsibility to encourage members to come forward and voluntarily provide information regarding misconduct and corruption. Inherent in this responsibility is the ability to protect those members from retaliation. IT IS THE POLICY OF THIS DEPARTMENT THAT RETALIATION AGAINST ANY MEMBER OF THE SERVICE FOR VOLUNTARILY PROVIDING INFORMATION REGARDING MISCONDUCT AND CORRUPTION WILL NOT BE TOLERATED. PROCEDURE When a member of the service believes he/she is the victim of retaliation for voluntarily providing information regarding misconduct or corruption. MEMBER OF THE SERVICE 1. Notify Internal Affairs Bureau Command Center at (212) 741-8401. NOTE: A member of the service may elect to report that he or she has been the victim of retaliation as outlined in this procedure directly to the Employee Relations Section. If such a complaint is received at the Employee Relations Section, or any unit other than the Internal Affairs Bureau (whether from the member directly or from an outside agency/organization) the unit receiving the complaint MUST notify the Internal Affairs Bureau and forward all pertinent information directly to the Internal Affairs Bureau for appropriate action. Any member of the service who is made aware of an allegation of retaliation for reporting wrongdoing shall make reasonable efforts to protect the anonymity and confidentiality of the employee making the allegation. MEMBER CONCERNED, IAB COMMAND CENTER 2. Record pertinent information and assign a log number. 3. Have an immediate preliminary investigation conducted to obtain all available facts and evidence. a. Indicate results in log. NOTE: Members of the service should comply with the provisions of P.G. 205-36, "Employment Discrimination," to lodge a complaint of retaliation regarding an equal employment opportunity issue. Allegations of retaliation involving equal employment opportunity issues (employment discrimination, sexual harassment, etc.) MUST be referred to the Office of Equal Employment Opportunity for investigation. CHIEF OF INTERNAL AFFAIRS 4. Evaluate each complaint to determine whether the case may fall within the purview of the Whistleblowers Law. 5. Refer cases requiring further investigation concerning violations of the Whistleblowers Law to either the Internal Affairs Bureau or Office of Equal Employment Opportunity, as applicable. NOTE: Only the Internal Affairs Bureau or Office of Equal Employment Opportunity are authorized to conduct investigations involving allegations of retaliation against any member of the service for voluntarily having provided information regarding misconduct or corruption. Allegations which do not violate the Whistleblowers Law will be referred to the appropriate investigative unit concerned for additional action. 6. Forward notification to the Employee Relations Section of allegations of violations of the Whistleblowers Law. Notification will NOT be made for allegations that have been referred to OEEO. NOTE: In certain instances, to maintain the confidentiality of an associated investigation, notification to the Employee Relations Section will not be made until such time as the Internal Affairs Bureau deems it appropriate. EMPLOYEE RELATIONS SECTION 7. Contact complainant upon receipt of notification and offer the services of the appropriate Department employee assistance program. IAB INVESTIGATIVE GROUP 8. Forward report through channels upon completion of investigation. NOTE: Due to the need to maintain the confidentiality of investigations to the extent possible, OEEO will not be required to forward reports of employment discrimination retaliation. These reports will remain on file at OEEO until such time that disclosure thereof is necessary. CHIEF OF INTERNAL AFFAIRS 9. Forward report and recommendations to the Police Commissioner. POLICE COMMISSIONER 10. Review report and direct necessary action. ADDITIONAL DATA Members of the service are reminded that the Department has several employee assistance units available to provide help in addressing a personal or professional problem. To obtain additional information regarding the types of services provided by these units, members can refer to the Department publication entitled EMPLOYEE ASSISTANCE PROGRAMS AND RESOURCE BOOKLET (BM497). Members of the service who voluntarily provide information or assistance in internal/external investigations should be acknowledged for their high acts of integrity. In order to acknowledge such members, while maintaining the confidentiality of their actions, a sub-committee of the Integrity Review Board is established. This special subcommittee shall consist of the First Deputy Commissioner, Chief of Personnel, and the Chief of Internal Affairs (principals only, no representatives). It will be the responsibility of the sub-committee to review the actions of those members of the service who have voluntarily come forward and provided information, and recommend appropriate acknowledgement to the Police Commissioner. RELATED PROCEDURES Employment Discrimination (P.G. 205-36) FORMS AND REPORTS Typed Letterhead P.G. 205-39 Departmental Recognition Date Effective: 08-19-13 PURPOSE To process requests for Departmental recognition. PROCEDURE Whenever a uniformed or civilian member of the service performs an act worthy of departmental recognition and is recommended by a supervisor, a co-worker or a member of the community: NOTE: Members of the service involved in undercover or confidential operations will be guided by the direction of their Bureau Chief/ Counterpart when submitting requests for departmental recognition. MEMBER'S IMMEDIATE SUPERVISOR (REGARDLESS OF COMMAND) 1. Prepare DEPARTMENTAL RECOGNITION REQUEST (PD439-162). a. All requests for departmental recognition, with the exception of those requests involving members assigned to the Housing Bureau, Detective Bureau (not including precinct detective squads), Organized Crime Control Bureau, Transit Bureau, Special Operations Division, and Chief of Transportation, will be processed through patrol precincts. b. Commands which report to the Housing Bureau, Detective Bureau (not including precinct detective squads), Organized Crime Control Bureau, Transit Bureau Special Operations Division, and Chief of Transportation, will process all requests for departmental recognition involving assigned members in a similar manner as requests processed through patrol precincts. (See "Additional Data" regarding the chain of command to be utilized by bureaus/divisions exempt from processing requests through patrol precincts. c. Requests involving members assigned to precinct detective squads will be processed through patrol precincts. d. If two or more precincts within the same borough are involved in the same incident, the patrol borough commander will designate which Precinct Recognition Committee will conduct the investigation and prepare the appropriate documentation. If two or more precincts are involved, and the precincts are in different boroughs, the Honor Committee will make the designation, except for cases involving integrity. In those instances, the Integrity Review Board will make the designation. e. Acts worthy of departmental recognition which involve members from multiple bureau/division commands will be processed through patrol precincts. 2. Prepare separate DEPARTMENTAL RECOGNITION REQUEST for each member of the service involved. NOTE: Departmental Recognition Committees, composed of five uniformed members of the service: two ranking officers (one of whom will be designated chairperson) and three non-supervisory officers (which may include a member of the precinct detective squad), will be established by each precinct and patrol borough command. Similarly, commands which report to the Housing Bureau, Detective Bureau (not including precinct detective squads), Organized Crime Control Bureau, Transit Bureau, Special Operations Division, and Chief of Transportation will also establish Departmental Recognition Committees utilizing the same group composition. Bureau Recognition Committees will be established in each bureau command for these more complex or unusual cases. Request for departmental recognition should be limited to those members who are directly involved with the arrest/incident (i.e. arresting officer and partner). If the incident involved personal risk, danger or unusual accomplishment each member requesting recognition must explain their direct involvement in the incident. Furthermore, supervisors of units must explain how their actions exceeded normal supervisory or administrative duties in order to be considered for recognition. The highest ranking officer who is responsible for indicating approval/disapproval of REQUEST MUST be in a rank of one level higher than any of the recipients of the medal and MUST not be one of the recipients of the requesting medal. Each additional endorsement (when applicable) MUST be approved/disapproved by the next higher rank based on the previous endorsement. MEMBER'S IMMEDIATE SUPERVISOR 3. Deliver completed forms to Operations Coordinator, precinct of occurrence or command counterpart. PRECINCT OPERATIONS COORDINATOR/COUNTERPART 4. Assign precinct/command serial number to all REQUESTS. a. If more than one member of the service is involved in the same incident, the same precinct/command serial number will be used. 5. Assign REQUEST to ranking officer for investigation. RANKING OFFICER 6. Conduct investigation including: a. Checking Department records. b. Interviewing members involved, including patrol supervisor or other supervisory personnel, when appropriate. c. Interviewing witnesses (in person or by telephone). d. Obtaining signed statements from witnesses, when possible. e. Reducing oral statements to writing and signing, when applicable. f. Attaching statements to REQUEST. g. Attaching all Department forms/records prepared in connection with the incident to REQUEST. 7. Enter results of investigation under "REMARKS" caption of DEPARTMENTAL RECOGNITION REQUEST. a. Use statements of fact. (1) Do not use descriptive embellishment of the facts. 8. Deliver completed forms to Precinct/Command Recognition Committee. PRECINCT/COMMAND RECOGNITION COMMITTEE 9. Conduct a review of the investigation and make initial recommendation to commanding officer. a. Precinct/Command Recognition Committee may refer the REQUEST, through the commanding officer, to a Bureau Recognition Committee, if the REQUEST involves aspects which require particular expertise in evaluating the merits of the REQUEST. It is expected that most REQUESTS will be processed by the Precinct/Command Recognition Committee. Only highly unusual or complex cases should be referred to a Bureau Recognition Committee. 10. Enter a concise statement of findings under "FIRST ENDORSEMENT" on reverse side of REQUEST. a. If supervisory officer is included, indicate how actions of supervisor exceeded normal supervisory or administrative duties. b. Standard abbreviations may be used. c. Use statement of fact ONLY. NOTE: All information entered on the DEPARTMENTAL RECOGNITION REQUEST is considered "Rosario" material and should be a factual statement of the member of the service's role in a particular matter. There should be no descriptive embellishment of the facts. In addition, all written statements taken from witnesses should be considered "Rosario" material. Since the defense attorney in a criminal case has the right to examine a witness's prior statement, if a witness testifies, the appropriate District Attorney's office should be advised of the existence of requests for departmental recognition as well as other witness statements in a pending case. Every request must include the legal name of each member of service; any initials, nicknames, etc. of a member of the service are not permitted on the DEPARTMENTAL RECOGNITION REQUEST. 11. Forward REQUEST to commanding officer, precinct of occurrence or command counterpart. PRECINCT/ COMMANDING OFFICER/ COUNTERPART 12. Review all REQUESTS. a. If concurring with recommendations of Precinct/Command Recognition Committee, follow steps below, as appropriate. b. Forward REQUESTS which require particular expertise in evaluating the merits of the REQUEST to the appropriate Bureau Recognition Committee. c. If disapproving REQUEST, indicate the same under "SECOND ENDORSEMENT." NOTE: When a REQUEST is forwarded to a bureau chief/counterpart for evaluation based on expertise, the bureau chief/counterpart will make the final determination on Excellent Police Duty, Meritorious Police Duty and Commendations, except in cases where integrity forms the basis of the request. Integrity requests, forwarded to a bureau chief/counterpart for expert evaluation, will be processed in accordance with steps 20 and 21 below. In cases where Exceptional Merit or Honorable Mention will be recommended, bureau chiefs will comply with steps 23, 24, and 25, below. IF REQUEST IS FOR EXCELLENT POLICE DUTY OR MERITORIOUS POLICE DUTY PRECINCT COMMANDING OFFICER/COUNTERPART 13. Make a determination on REQUEST for Excellent Police Duty or Meritorious Police Duty. 14. Indicate approval or disapproval of REQUEST and complete "SECOND ENDORSEMENT" for excellent Police Duty and "THIRD ENDORSEMENT" for Meritorious Police Duty on reverse side of form. 15. Forward original (white) copy of REQUEST to Employee Management Division (Attention: Honor Committee) and distribute the remaining copies as indicated on form. NOTE: Precinct commanding officers/command counterparts may recommend either a Meritorious Police Duty or a Commendation for acts of integrity. Regardless of the level of award recommended, ALL requests for Departmental recognition, which are based on acts of integrity, must be forwarded to the appropriate Borough Recognition Committee, or similar Recognition Committee established in bureaus/divisions whose commands are exempt from processing requests through patrol precincts. These requests must be endorsed by the concerned borough commander/ counterpart, and submitted to the Integrity Review Board for final determination. IF RECOMMENDATION IS FOR ANY COMMENDATION, EXCEPTIONAL MERIT OR HONORABLE MENTION PRECINCT COMMANDING OFFICER/ COUNTERPART 16. Review and forward REQUESTS, with recommendations, to Borough Recognition Committee or similar Recognition Committee in bureaus/divisions whose commands are exempt from processing requests through patrol precincts. BOROUGH RECOGNITION COMMITTEE/COUNTERPART COMMITTEE 17. Conduct review. a. Highest-ranking member present will act as Chairperson of the Borough Recognition Committee/counterpart committee. 18. Review REQUEST and indicate recommendation under "FOURTH ENDORSEMENT." 19. Forward REQUEST to borough commander, bureau chief or division counterpart, as appropriate. IF REQUEST IS FOR COMMENDATION/CIVILIAN COMMENDATION BOROUGH COMMANDER/COUNTERPART 20. Make determination on REQUEST for Commendation. 21. Indicate approval/disapproval and complete "FIFTH ENDORSEMENT" on reverse side of form. a. When appropriate, approve REQUESTS for Commendation, except those which involve acts of integrity. In these cases, the borough commander, bureau chief or division counterpart will forward endorsed REQUESTS, with a synopsis of proceedings, to the Integrity Review Board. 22. Forward original (white) copy of all REQUESTS, not involving integrity, to the Employee Management Division (Attention: Honor Committee) and distribute the remaining copies as indicated on form. IF REQUEST IS FOR EXCEPTIONAL MERIT OR HONORABLE MENTION BOROUGH COMMANDER/ COUNTERPART 23. Review REQUEST. 24. Indicate recommendations under "FIFTH ENDORSEMENT." 25. Forward REQUEST and synopsis of proceedings on Typed Letterhead to the Honor Committee. NOTE: All approved DEPARTMENTAL RECOGNITION REQUESTS being forwarded to the Honor Committee or Integrity Review Board will be accompanied by a Typed Letterhead, in duplicate. The duplicate copy will be returned to the forwarding command and filed as a receipt. If a discharge of a firearm by the member of the service is the basis for the REQUEST, the Borough/Bureau/Counterpart Recognition Committee will ensure that all appropriate forms including the FIREARMS DISCHARGE/ASSAULT REPORT (PD424-151), UNUSUAL OCCURRENCE REPORTS (PD370-152) (including the preliminary UNUSUAL OCCURANCE REPORT endorsed from the designated Borough Chief to the Chief of Department, and the UNUSUAL OCCURANCE REPORT on the FINDINGS AND RECOMMENDATIONS by the designated Borough), Crime Scene Unit sketches, etc., and the final determination of the Firearms Discharge Review Board by the Chief of Department are attached to the REQUEST and forwarded to the Honor Committee for consideration. If a valid evaluation cannot be determined based on the REQUEST and attached forms/reports, the Borough/Bureau/Counterpart Recognition Committee will conduct a hearing, and prepare a written report of the incident. IF RECOMMENDATION IS FOR PURPLE SHIELD MEDAL OR POLICE MEMORIAL AWARD PRECINCT COMMANDING OFFICER/COUNTERPART 26. Prepare REQUEST. a. Include any required attachments. 27. Forward all papers to next higher command for endorsement. NEXT HIGHER COMMAND 28. Forward endorsed REQUESTS to the Honor Committee (DIRECT) for evaluation. IF MEMBER WISHES TO APPEAL REQUESTING MEMBER 29. Prepare two copies of appeal on Typed Letterhead, addressed to Borough/Bureau/Counterpart Recognition Committee for Excellent Police Duty/Meritorious Police Duty OR to the Police Commissioner for Meritorious Police Duty (Integrity), Commendation, Exceptional Merit or Honorable Mention, within ten days of publication of award including: a. Facts of request b. Reasons for appeal c. Personnel Order number and date (if applicable). NOTE: An appeal MAY NOT be lodged until AFTER the award is published in Personnel Orders. Decisions of the Police Commissioner concerning appeals of awards reduced or disapproved are final. When practical, final determination of an award will be made within sixty days of submission of a DEPARTMENTAL RECOGNITION REQUEST. ADDITIONAL DATA The chain of command that will be utilized for processing requests for Departmental recognition in bureaus/divisions not processing requests through patrol precincts is as follows: Housing Bureau PSA commands will establish Recognition Committees. PSA commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Housing borough commands will establish Recognition Committees. Housing borough commanders will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate. Detective Bureau Detective borough commands will establish Recognition Committees. (Precinct detective squads will process requests through patrol precincts). Detective borough commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Office of the Chief of Detectives will establish a Recognition Committee. Chief of Detectives will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate. Organized Crime Control Bureau Narcotics borough commands (other than Narcotics Division) will establish Recognition Committees Narcotics borough commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Office of the Chief of Organized Crime Control will establish a Recognition Committee. Chief of Organized Crime Control will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate. Transit Bureau District commands will establish Recognition Committees. District commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Transit borough commands will establish Recognition Committees. Transit borough commanders will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board as appropriate Special Operations Division Special Operations Division commands will establish Recognition Committees. Special Operations Division commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Commanding Officer, Special Operations Division will establish a Recognition Committee. Commanding Officer, Special Operations Division will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate Chief of Transportation Chief of Transportation commands will establish Recognition Committees. Chief of Transportation commanding officers will make final determination for Excellent Police Duty and Meritorious Police Duty awards. Commanding Officer, Chief of Transportation will establish a Recognition Committee. Commanding Officer, Chief of Transportation will make final determination on Commendation requests. All other requests to be forwarded to Honor Committee or Integrity Review Board, as appropriate The function and composition of the Honor Committee is as follows: Review requests for awards above the grade of Commendation and make recommendations to the Police Commissioner. The Honor Committee is composed of: First Deputy Commissioner (Chairperson) Chief of Community Affairs Chief of Department Chief of Patrol Chief of Detectives Chief of Organized Crime Control Chief of Personnel Chief of Housing Chief of Transit The function and composition of the Integrity Review Board are as follows: Review requests for Integrity Awards in the grade of Meritorious Police Duty and Commendation and make recommendations to the Police Commissioner. Review and evaluate activities indicating commitment to integrity. The Integrity Review Board is composed of: Chief of Department (Chairperson) Chief of Patrol Chief of Detectives Chief of Personnel Chief of Internal Affairs Chief of Organized Crime Control Chief of Housing Chief of Transit Uniformed member of the service in the rank of police officer, as selected by the Employee Relations Section, on an ad-hoc basis. Individual members of the service may be awarded Departmental recognition in the following grades: DEPARTMENT MEDAL OF HONOR Awarded annually to a member who intelligently and in line of police duty distinguished himself/herself by the performance of an act of gallantry and valor at imminent personal hazard to life with knowledge of the risk, above and beyond the call of duty POLICE COMBAT CROSS MEDAL Awarded for the successful performance of an act of extraordinary heroism while engaged in personal combat with an armed adversary at imminent personal hazard to life in the intelligent performance of duty. MEDAL FOR VALOR Awarded for an act of outstanding personal bravery intelligently performed in line of duty at imminent personal hazard to life under circumstances evincing a disregard of personal consequences. PURPLE SHIELD MEDAL Awarded to members of the service, or their next of kin in the event of a line of duty death, who have suffered extremely serious physical injury or death, permanent disfigurement, protracted or permanent impairment of health, or of any bodily function while performing an official act either while on or off-duty. HONORABLE MENTION Awarded for an act of extraordinary bravery intelligently performed in the line of duty at imminent and personal danger to life. The Honor Committee will review all Honorable Mention awards granted during the previous year and may select uniformed members of the service as recipients of the aforementioned medals. EXCEPTIONAL MERIT Awarded for an act of bravery intelligently performed involving personal risk to life. COMMENDATION Awarded for an act involving: a. Grave personal danger in the intelligent performance of duty, OR b. A highly creditable unusual police accomplishment. COMMENDATION INTEGRITY Awarded for an act which demonstrates an extraordinary commitment to integrity. COMMENDATION COMMUNITY SERVICE Awarded to uniformed members of the service for a. Initiative contributing to the substantial improvement in Community Policing/Community Quality of Life, OR b. Performance which substantially improves the quality of life in neighborhoods or communities through creative problem solving ideas, techniques or skills, OR c. Performance and consistent progress in implementing meaningful, significant improvements in rendering or securing community service or fostering police community relations through Community Policing/Problem Solving Programs. CIVILIAN COMMENDATION Awarded to civilian members of the service for: a. Exceptional work in connection with their assignment b. Excellence in service to the community c. Fostering community relations d. Displaying initiative towards community problem solving programs. MERITORIOUS POLICE DUTY Awarded for: a. An act of intelligent and valuable police service demonstrating special faithfulness or perseverance, OR b. Highly creditable acts of police service over a period of time. MERITORIOUS POLICE DUTY INTEGRITY Awarded for an act which demonstrates highly creditable integrity. EXCELLENT POLICE DUTY Awarded for: a. An intelligent act materially contributing to a valuable accomplishment, OR b. Submission of a device or method adopted to increase efficiency in an administrative or tactical procedure, OR c. Three arrests in a six month period for operating a vehicle while under the influence of alcohol or drugs. These arrests must be based solely on the member's observation and unrelated to traffic checkpoints, vehicle collisions , or any enforcement activity specifically aimed at DWI enforcement, OR d. Whenever a uniformed member of the service, not assigned to the Auto Crime Division or a borough Auto Larceny Unit, effects three or, more arrests within twelve month period for larceny of a motor vehicle, OR unauthorized use of a motor vehicle, OR criminal possession of stolen property (stolen vehicle), and the arrests are based on the member's personal initiative and observations. NOTE: The awarding of Departmental recognition for three or more arrests as described in sections "c" and "d" above, is not automatic. Commanding officers, when reviewing the requests, will consider the personal initiative, observations and actions of the recommended member that materially contributed to the arrests and/or the detection of the crimes charged. Additionally, the successful resuscitation of an aided using an Automated External Defibrillator (AED) will be considered for Departmental recognition when the aided is hospitalized with a reasonable chance of survival. Commanding officers /counterparts reviewing applications for Departmental recognition for successful use of Automated External Defibrillators will, in all circumstances, submit such request to the Supervising Chief Surgeon or the Deputy Chief Surgeon for endorsement and recommendation of appropriate Departmental recognition, prior to final approval. The following awards are issued to Department units: UNIT CITATION Unit Citations recognize outstanding performance by an entire unit in developing and implementing Community Policing goals and objectives or other highly creditable accomplishments over a substantial period of time (calendar year). POLICE COMMISSIONER'S PERSONAL LETTER OF CONGRATULATIONS Awarded to units that do not otherwise qualify for a Unit Citation. DISPLAY OF MEDALS A uniformed member of the service may wear the prescribed breast bar at all times while in uniform. However, breast bars or other authorized ribbons are not to be worn when wearing corresponding medals. A member who has been awarded the Department Medal of Honor, Police Combat Cross or Medal for Valor is required to wear the breast bar denoting the particular award in lieu of the Honorable Mention breast bar previously awarded for the same act. RELATED PROCEDURES Boards And Committees (O.G. 101-23) Emblems, Insignia And Breast Bars (P.G. 204-16) Integrity Review Board Recommendation Procedure (P.G. 205-16) Presentation Of Department Recognition Awards (A.G. 305-03) Unit Citation (A.G. 305-04) Achievement Citation (A.G. 320-19) FORMS AND REPORTS DEPARTMENT RECOGNITION REQUEST (PD439-162) FIREARMS/DISCHARGE ASSAULT REPORT (PD424-151) UNUSUAL OCCURRENCE REPORT (PD370-152) Typed Letterhead P.G. 205-40 Off Duty Employment Date Effective: 10-16-13 PURPOSE To regulate off duty employment of uniformed members of the service, except that off duty employment performed with the Paid Detail Unit. DEFINITIONS SECURITY FIELD - Includes guard service, payroll driver/cashiers, personal escorts (bodyguards), and employment in check cashing establishments, etc. WATCHGUARD LICENSE - Issued by the New York State Secretary of State, upon a written request obtained from the Office of the Chief of Personnel, licensing a uniformed member of the service to engage in the off duty employment of providing guards in a security related field. NOTE: After OFF DUTY EMPLOYMENT APPLICATION (PD407-164) has been prepared and approved, uniformed member of the service wishing to apply for a Watchguard License will be directed to report to Employee Management Division and comply with instructions received. CLASS I FEDERAL FIREARMS LICENSE - Issued by the Department of Treasury, Bureau of Alcohol, Tobacco and Firearms, to persons engaged in the business of selling firearms at wholesale or retail. DEALER IN FIREARMS LICENSE - Issued by local licensing officer to any person, firm, partnership, corporation or company who engages in the business of purchasing, selling, keeping for sale, lending, leasing, or in any manner disposing of, any pistol or revolver. PROCEDURE [Rev 2-00] When a uniformed member of the service wishes to engage in off duty employment, or when any member of the service wishes to engage in the practice of law off duty: APPLICANT 1. Prepare OFF DUTY EMPLOYMENT APPLICATION (PD407-164). a. Enter total number of hours to be worked each week. (1) Do not use terms such as "varies" or "changes". b. Enter name and address of corporation in space captioned "Outside Employer" if applicant is an officer of a corporation. (1) Do not use term "self employed" if applicant is part or sole owner of corporation. c. Enter administrative, managerial or planning functions to be performed and the function of the corporation in space captioned "Describe specific duties and responsibilities." d. Enter name of president of corporation if employed by a corporation. 2. Deliver all copies of completed APPLICATION to commanding officer. a. If off duty employment involves dealing in firearms outside the City of New York, also deliver a copy of completed application for a Class I Federal Firearms License. After subsequent issuance by the Bureau of Alcohol, Tobacco and Firearms, provide a copy of the license to the commanding officer. b. If off duty employment involves dealing in firearms outside the City of New York, also deliver a copy of completed APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (INDIVIDUAL) (PD625-043) or APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (PARTNERSHIP) (PD625-042). After subsequent issuance by the local licensing officer, provide a copy of the licenseto the commanding officer. COMMANDING OFFICER 3. Interview applicant and determine if conditions of off duty employment are within Department guidelines and guidelines and rulings published by the Board of Ethics. 4. Forward quintuplicate (file) copy of OFF DUTY EMPLOYMENT APPLICATION to borough commander/counterpart for review, if APPLICATION is for employment in security related field. BOROUGH COMMANDER/COUNTERPART 5. Assign patrol borough administrator to conduct thorough investigation of security related application. 6. Return OFF DUTY EMPLOYMENT APPLICATION to member's commanding officer indicating approval/disapproval. COMMANDING OFFICER 7. Ascertain that applicant understands "Guidelines/Prohibitions" as outlined in "Additional Data" statement. 8. Confer with applicant's immediate supervisor. NOTE: If applicant is on, or being considered for MODIFIED ASSIGNMENT, telephone Office of First Deputy Commissioner to determine whether reason exists for disapproval of APPLICATION and enter results of inquiry on APPLICATION. 9. Enter recommendations, sign and forward OFF DUTY EMPLOYMENT APPLICATION as per instructions on form. 10. Advise member whose APPLICATION has been DISAPPROVED that such decision may be appealed. NOTE: Forward all disapproved or renewal APPLICATIONS and notice of termination or change in employment to the Employee Management Division. 11. Monitor on-duty performance of member engaged in off duty employment. 12. Recommend revocation of permission if outside employment interferes with member's responsibility to the Department. 13. Advise applicant of possible revocation of permission to engage in off duty employment should member become subject of disciplinary action or classified as "chronic sick." 14. Reexamine approved OFF DUTY EMPLOYMENT APPLICATION of newly transferred/temporarily assigned member to ensure that current assignment does not result in a conflict of interest or corruption hazard. APPLICANT 15. Submit new OFF DUTY EMPLOYMENT APPLICATION to report any change in status of employment, i.e., change of employer, duties, location of employment, etc. 16. Submit renewal application for continuing off duty employment beyond each twelve month period at least ten days prior to expiration of current approved request. 17. Prepare Typed Letterhead requesting review of APPLICATION that has been disapproved and submit to Commanding Officer, Employee Management Division. EMPLOYEE MANAGEMENT DIVISION 18. Assign Off Duty Work Number and insert in appropriate space on form. 19. Request record check from Intelligence Bureau regarding: a. Employer b. Individual or premises to be protected, if appropriate. NOTE: The existence of a record at the above unit will be cause to disapprove APPLICATION. 20. Complete captions under applicable section on APPLICATION; enter recommendations and sign. 21. Distribute copies of APPLICATION as follows: a. ORIGINAL - place in member's Personal Folder b. DUPLICATE - return to command of origin c. TRIPLICATE - place in Off Duty Employment file maintained by Employee Management Division (1) Security related APPLICATIONS and Watchguard Licenses will be filed under specific categories, i.e., payroll drivers/cashiers, bodyguards, check cashing, etc. d. QUADRUPLICATE - forward to Medical Division. COMMANDING OFFICER 22. Note approval/disapproval on command file copy of APPLICATION. 23. Return ORIGINAL to member concerned. 24. Advise and instruct member whose APPLICATION has been APPROVED, regarding: a. Guidelines/prohibitions listed in "Additional Data" statement b. Carrying of weapons in other states. (New York City police officer status does not license member to carry weapon in another state; authorization must be obtained from state concerned). 25. Instruct member applying for Watchguard License of "Guidelines for Watchguard License" (see Additional Data statement). a. Direct member to report to Employee Management Division to prepare affidavit and comply with instructions received. 26. Direct Integrity Control Officer to verify that members concerned comply with prohibition against requesting overtime compensation for off duty employment related arrests. 27. Indicate on OFF DUTY EMPLOYMENT APPLICATION, after approval and prior to forwarding to Employee Management Division, that a copy of the Class I Federal Firearms License is attached, if applicable. 28. Forward copy of Class I Federal Firearms License, and APPLICATION FOR LICENSE AS A GUNSMITH or DEALER IN FIREARMS (INDIVIDUAL) or APPLICATION FOR LICENSE AS A GUNSMITH or DEALER IN FIREARMS (PARTNERSHIP), and New York State License and APPLICATION FOR LICENSE AS A GUNSMITH or DEALER IN FIREARMS (INDIVIDUAL) or APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (PARTNERSHIP) to Commanding Officer, Firearms and Tactics Section, after recording license numbers on member's FORCE RECORD (PD406-143). C.O. FIREARMS AND TACTICS SECTION 29. Maintain a file of members who have obtained Class I Federal Firearms Licenses or New York State Dealer in Firearms licenses for dissemination to inquiring ranking members of the service in cases of suspensions, modified assignments, removal of firearms, etc. INTEGRITY CONTROL OFFICER 30. Audit OVERTIME REPORTS (PD138-064) submitted by uniformed members of the service to ensure that requests do not pertain to off duty security employment related arrests and advise commanding officer of findings. ADDITIONAL DATA GUIDELINES: The following guidelines apply to ALL off duty employment: a. Off duty employment MUST BE: (1) Performed outside regular hours of police duties. (2) Approved prior to starting or changing employment, AND for EACH EXTRA job or change of job for the same employer. (3) Approved in writing from the Chief of Patrol, (Commanding Officer, Movie/Television Unit), IF employment involves working as a technical advisor for motion picture or television productions. b. A uniformed member of the service may engage in off duty employment WITHOUT prior approval: (1) During the period of suspension without pay, OR (2) While on continuous vacation and/or terminal leave immediately after filing an application for retirement. During a period of suspension without pay or vacation/terminal leave pending retirement, the member concerned remains officially a member of the service and, as such, may NOT engage in any type of employment or activity which, by existing law, is prohibited to police officers, or which may constitute a conflict of interest or create the appearance thereof (see GENERAL PROHIBITIONS). c. Excessive sick leave or other evidence indicating off duty employment impairs ability to perform assigned police duties is cause for revocation of approval to engage in off duty employment. d. A request for permission to work while off duty may be DISAPPROVED even though it does NOT SPECIFICALLY fall within the "PROHIBITIONS" section or violate the "GUIDELINES" sections contained herein. e. A member of the service (uniformed or civilian) seeking part time employment in another city agency, or in ANY other governmental jurisdiction or agency MUST prepare "Certification of Compatibility or Dual Employment" (DP1021), in QUADRUPLICATE; ALL FOUR COPIES of the form, which are available at the Employee Management Division, will be forward to the Employee Management Division for processing. f. Uniformed members of the service engaging in or seeking off duty employment are reminded that law prohibits certain types of employment. Some members while engaging in bona-fide occupations, may unknowingly, in the normal pursuit of their particular off duty occupation, be violating one of these statutes. [Rev 2-00] g. Section 2604(a)(1) of the New York City Charter prohibits public servants from taking a position in a firm which the public servant knows, or should know, is engaged in business dealings with the City. "Position" is broadly defined and includes an officer, director, manager, employee, trustee, attorney, agent, broker or consultant to the firm. The definition of "firm" includes an individual seeking business on his/her own behalf, and as a sole proprietor. "Business dealings" are defined as any transaction involving the sale, purchase, rental, or disposition of any goods, services, or property; any license, permit, grant or benefit; and any performance of or litigation with respect to any of the above. It is quite possible that a member not completely familiar with these provisions could find himself/herself in violation of the law. For example, if a member has been approved as a vending machine salesperson or dealer, he/she would be violating this statute if he/she were to take a position with a firm or enter into a contractual agreement with any City agency or representative thereof, to place a vending machine in any building or upon property owned or leased by the City of New York or any of its agencies. h. The Charter prohibits members from engaging in any business, transaction or private employment which is in conflict with the proper discharge of their official duties; using, or attempting to use their position to obtain any financial gain, or other benefit, including employment for themselves or any person "associated" with them ("associated" is defined to include a spouse, domestic partner, child, parent or sibling and a person with whom a member has a business or financial relationship); and disclosing any confidential information which is obtained as a result of a member's official duties or using such confidential information for any financial gain or other benefit. i. A uniformed member of the service is prohibited from holding any position or engaging in business dealings which involve the manufacture, sale or recommendation of any alcoholic beverage. However, employment is permitted in a premises licensed to sell beer at retail for off-premises consumption (supermarkets and grocery stores). Also see P.G. 203-10, "Public Contact Prohibited Conduct." j. A member may not accept any valuable gift from any person or firm which the member knows or should know, has or intends to have business dealings with the city. A "valuable gift" means any gift which has a value of $50.00 or more, whether in the form of money, service, loan, travel, entertainment, hospitality, thing of promise, of any form. k. Members are also prohibited from working, owning, selling goods or services or obtaining licenses relating to horse racing activities, race horses, tracks or firms either owning or dealing in the racing of horses. l. Uniformed members of the service may write fiction or non-fiction books and articles on their own time and receive compensation provided that the restrictions contained in P.G. 212-76, "Information Concerning Official Business of Department" are adhered to. OFF DUTY EMPLOYMENT APPLICATION should be submitted in this regard to the extent that members of the service are being paid for their writing. It may also be permissible for members of the service to be employed as technical or background consultants by television and film production companies. The consulting position may relate either to a particular incident (e.g., a homicide, robbery, rescue effort, etc.) or to a specialized field of expertise (e.g., arson, explosives, aviation, etc.). Again, the restrictions contained in P.G. 212-77 "Release Of Information To News Media" and 212-76 "Information Concerning Official Business of Department" MUST be adhered to, OFF DUTY EMPLOYMENT APPLICATION must also be submitted for these positions. In addition, prior to entering into any contractual relationship of this nature, members of the service are advised to seek private legal counsel. The sale of exclusive proprietary rights, based on the involvement of an individual in a particular incident, is strictly prohibited. For example, a member of the service assigned to the Aviation Unit can be retained as a consultant or advisor on general technical matters or for background on a particular incident; he or she cannot sell exclusive "rights" to a production company for the story of the officer's role in that incident. [Rev 2-00] m. Many of the off duty employment prohibitions and guidelines involve conflict of interest related issues as addressed in Chapter 68 of the New York City Charter. Each member of the service should be familiar with those provisions. In certain limited circumstances, a member of the service may hold an otherwise prohibited position with written approval of the Police Commissioner, and a determination by the Conflicts of Interest Board that the position would not conflict with the purposes and interest of the City. Conflict of interest questions or questions regarding waivers may be directed to the Deputy Commissioner, Legal Matters. GENERAL PROHIBITIONS: Off duty employment is PROHIBITED when ANY of the following conditions exist: a. Member is a probationary police officer with less than one year aggregate service who has not completed Entry Level Training in the Police Academy. b. Existing law prohibits a police officer from employment in such job or premises. c. Off duty employment is also prohibited, as follows: (1) Interferes or conflicts with regular or emergency police duties. (2) Requires the Police Department uniform or shield to be worn or used in any manner in any off duty employment, except if approved by the Paid Detail Unit. (3) Affects member's ability to perform police duties. (4)Exceeds twenty hours each week, EXCEPT when performed during vacation period or when on terminal leave. (5)Is to be performed three hours immediately prior to regular tour of duty. (6)Requires member to be an officer, organizer, or hold a position in an employee organization, i.e., labor union, or member will become involved in a strike or labor dispute. (7)Requires UNIFORMED member of the service to work, UNLESS AUTHORIZED, for an organization licensed or inspected by the Police Department. (8)Is knowingly performed for a person who has a criminal arrest record. (9)Is required to be performed when member is on sick report, sick leave or disability. (10)Involves the guarding of licensed premises. (11)Involves employment in any premises licensed by the State Liquor Authority, pursuant to the Alcoholic Beverage Control Law, except that employment is permitted in a premises licensed to sell alcoholic beverages as long as they are not handled by the applicant. (12) Involves employment by a UNIFORMED member of the service in precinct to which assigned. (However, a UNIFORMED member assigned to a command whose jurisdiction encompasses more than one precinct may be permitted to engage in off duty employment within the area to which assigned, UNLESS circumstances of such employment would constitute a conflict of interest or a corruption hazard, i.e., member's ability to provide off duty services while on-duty). (13) Involves employment as a process server, anywhere. (14) Involves operating or having a financial interest in an arcade, video or pinball game. (15) Involves participation in any pari-mutuel racing as a rider, owner, driver or trainer of a horse. (16) Involves the consultation/installation/repair of burglar alarms and security systems. (17) Involves employment as a street peddler within New York City. (18) Involves employment as a locksmith within New York City. (19) Involves being employed in any capacity as a second hand dealer (except used cars) or second hand dealer purchasing and selling precious metals (gold, silver, etc.). (20) Requires uniformed member of the service to perform investigative duties or secure a New York State investigator's license. (21) Involves the guarding of diplomatic personnel and/or the premises of diplomatic personnel. [Rev 2-00] PROHIBITIONS FOR ATTORNEYS ENGAGED IN OFF DUTY EMPLOYMENT In addition to complying with any other relevant Department policy, procedure, or prohibition, members engaging in off duty employment as attorneys will also adhere to the following: a. Members shall not represent private interests for compensation before any City agency or appear anywhere, directly or indirectly, on behalf of private interests in matters involving the City. b. Members shall not appear as attorney or counsel against the interests of the City in any litigation in which the City or other government agency is a party, or in any action or proceeding in which the City or other government agency is a complainant. c. Members shall not serve as an attorney, or represent any party in any manner in negligence cases or criminal cases. d. In addition to the general prohibition against superiors and subordinates entering into any business or financial relationship (see P.G. 203-13, "Financial Restrictions - Prohibited Acts"), members shall not appear as attorneys or counsel for, or represent in any manner, a higher ranking or lower ranking member of the service in/assigned to their same command. The Conflicts of Interest Board has determined that a "business or financial relationship" exists when an attorney performs legal services whether or not the attorney receives compensation. GUIDELINES FOR SECURITY RELATED OFF DUTY EMPLOYMENT: a. In addition to complying with the Guidelines and General Prohibitions, uniformed members accepting off duty employment in the private security field are advised that: (1) Uniformed members of the service who accept off duty employment in the private security field must be aware that they will not, in most instances, be entitled to or receive legal representation and/or indemnification from the city. Those benefits of city employment are afforded to municipal employees only when they act within the scope of their employment and in discharge of official duties. (2) An off duty uniformed member of the service employed in the private security field does not, by virtue of that employment, relinquish the power and authority conferred by the laws of the State of New York as a police officer. However, when an officer effects an arrest in furtherance of the private employer's interest he is acting primarily on behalf of that employer, not in discharge of his duties as a police officer. Uniformed members of the service in their private capacity may not investigate crimes for private employers and ordinarily should be the complainant and not the arresting officer for off duty situations which arise (for example: trespass and burglary situations) unless the exigencies of the circumstance require that they act in an arresting capacity. (3) Because the city will not ordinarily indemnify uniformed members of the service against claims brought by individuals for action taken in connection with off duty employment, it is recommended that uniformed members of the service ascertain whether their private employer maintains liability insurance covering the off duty employment and affords legal representation and indemnification for acts or omissions occurring during off duty employment and in furtherance of employer's interests. (4) All rules and regulations established by the Police Commissioner must be complied with fully. (5)All court time, both arraignment and follow-up appearances directly related to any duties and responsibilities in the off duty employment may not be performed on Police Department time nor may overtime compensation be received for such time from the City of New York. Accordingly, OVERTIME REPORTS should not be submitted in connection therewith. Further, it is the uniformed member's responsibility to see that the off duty employer/client has Workmen's Compensation on coverage for guards to cover any injury or disability received in his employment. It is also understood that the City has a claim on any monies paid by Workmen's Compensation that would duplicate paid sick leave by the City. (6) OFF DUTY EMPLOYMENT APPLICATION must be submitted to the Employee Management Division for each specific client, location and company of employment. For each new assignment, even if for the same employer, a new request for approval must be submitted, with the employer's name, and new location of person or premises to be protected. (7) Members may NOT work in off duty employment as security guards at a location where a strike or labor dispute is ongoing. (8) If a uniformed member of the service's firearm is discharged or member is injured as the result of an assault, while employed off duty in a security related capacity in New York City only, the precinct of occurrence must be notified immediately by the uniformed member involved. The FIREARM DISCHARGE/ASSAULT REPORT (PD424-151) must be completed and verified for all such incidents occurring in New York City (see P.G. 212-29 "Firearms Discharge And Assaults Involving Uniformed Members Of The Service"). Incidents occurring outside the City of New York require immediate notification to the Operations Unit. b. To expedite processing, a member requesting permission to engage in off duty employment in the security field is authorized to personally deliver the completed OFF DUTY EMPLOYMENT APPLICATION to the Employee Management Division. GUIDELINES FOR WATCHGUARD LICENSE: In addition to complying with the Guidelines, General Prohibitions and Guidelines for Security Related Employment, uniformed members of the service will comply with the following re: Watchguard License: a. If the uniformed member intends to form a corporation and employ any other person in a Watchguard Service capacity, then the requirements of New York State laws regarding watchguard licensing must be complied with. "Watch, guard or patrol agency" as defined by the General Business Law (Article 7 Section 71, sub. 2) shall mean and include the business of watch, guard or patrol agency and shall also mean and include, separately or collectively, the furnishing, for hire or reward, of watchmen or guards or private patrolmen or other persons to protect persons or property or to prevent the theft or misappropriation or concealment of goods, wares or merchandise, money, bonds, stocks, chooses in action, notes or other valuable documents, papers, and articles of value, or to procure the return thereof or the performing of the service of such guard or other person for any of said purposes. The foregoing shall not be deemed to include the business of persons licensed by the industrial commissioner under the provisions of section twenty-four-a or subdivision three-b of section fifty of the Workmen's Compensation Law or representing employers or groups of employers insured under the Workmen's Compensation Law in the State Insurance Fund, nor persons engaged in the business of adjusters for insurance companies nor public adjusters licensed by the superintendent of insurance under the Insurance Law of this State. b. Uniformed members of the service employed in a Watchguard Service shall comply with all rules, regulations, guidelines and prohibitions, regarding off duty employment. In addition, members will comply with Department directives, regarding integrity monitoring procedures. c. Uniformed members of the service applying for a Watchguard License must comply with the following: 1) Prepare required Affidavit at Employee Management Division after OFF DUTY EMPLOYMENT APPLICATION has been prepared and approved. 2) Submit a list of all clients or prospective clients of Watchguard Service, including names, addresses and specific location of business, to the Intelligence Bureau and Identification Section for records check. (a) If member has no clients at time of making APPLICATION, the Affidavit will state that fact and may be approved, if the member applying agrees to submit the identifying data of prospective clients prior to entering an employment agreement with such clients. 3) Maintain an updated and unified list of all clients, locations, etc., which must be made available for Departmental inspection. (a) The Employee Management Division will maintain a separate folder for each approved Watchguard License containing a list of clients, locations and copies of approved OFF DUTY EMPLOYMENT APPLICATIONS of all uniformed members of the service employed by such Watchguard Service. 4) That the corporation or the member concerned will not have a client who is the subject of a criminal investigation or a premises licensed by the Alcoholic Beverage Control Board or a diplomat, or any other client that the Police Commissioner may disapprove on the grounds that such employment would not be in the best interests of the Department. 5) Will not have any client located within precinct of assignment, that is, if the off duty employment is of a premises, it may not be located in the precinct. If the off duty employment involves the security of an individual, he may not reside within the precinct of assignment. 6) The corporation or the member concerned will not provide services to clients who are then engaged in active labor strikes. 7) The corporation or member concerned will not advertise or represent that its employees are members of the New York City Police Department or that it operates under its auspices. 8) Will not employ a uniformed member of the service of any rank assigned within Watchguard Licensee's immediate command or employ any member of higher rank. 9) Provide Employee Management Division with names, addresses of all employees, both uniformed members of the service and others. 10) Do not employ other members of the service until such members present approved OFF DUTY EMPLOYMENT APPLICATIONS. RELATED PROCEDURES Civilian Employee Off duty Employment (A.G. 319-23) FORMS AND REPORTS APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (INDIVIDUAL) (PD625-043) APPLICATION FOR LICENSE AS A GUNSMITH OR DEALER IN FIREARMS (PARTNERSHIP) (PD625-042) OFF DUTY EMPLOYMENT APPLICATION (PD407-164) FIREARM DISCHARGE/ASSAULT REPORT (PD424-151) FORCE RECORD (406-143) OVERTIME REPORTS (PD138-064) P.G. 205-41 Employee Suggestion Program Date Effective: 08/01/13 PURPOSE To improve operations of the Department. DEFINITION EMPLOYEE SUGGESTIONS - Those suggestions made by members of the service within the guidelines of, and conforming to the procedures established by the Department of Citywide Administrative Services and the Police Department Employee Suggestions Programs. The Employee Suggestion Program considers any proposal that improves some aspect of police operations, public service, community relations, working conditions or safety. A proposal, if adopted, could result in substantial savings in time, money, manpower, equipment or the elimination of waste. PROCEDURE When submitting an employee suggestion: MEMBER OF THE SERVICE 1. Prepare one copy of form EMPLOYEE SUGGESTION PROGRAM (PD115-161). 2. Mail or deliver the completed copy to: * Employee Suggestion Program, New York City Police Department, Chief of Personnel, One Police Plaza, Room 1208, New York, NY 10038 EMPLOYEE SUGGESTION PROGRAM UNIT MEMBER 3. Assign Personnel Bureau and Employee Suggestion control numbers. 4. Acknowledge receipt of employee suggestion. DEPARTMENT COORDINATOR 5. Review all suggestions with the Employee Suggestion Program Evaluation Committee. NOTE: After careful consideration of the merits of an employee suggestion, the Employee Suggestion Program Evaluation Committee will either approve, disapprove or forward the suggestion for further review and evaluation to the appropriate unit or agency. EMPLOYEE SUGGESTION PROGRAM UNIT MEMBER 6. Notify member concerned of the approval or disapproval of the suggestion. a. If disapproved, indicate reason(s) for rejection on NON-ADOPTION (PD115-121). DEPARTMENT COORDINATOR 7. Determine degree/amount of award to be presented to member concerned. 8. Conduct liaison with the Department of Citywide Administrative Services, Citywide Employee Suggestion Program. FORMS AND REPORTS EMPLOYEE SUGGESTION PROGRAM (PD115-161) NON-ADOPTION (PD 115-121) P.G. 205-42 Discontinuance Of Police Service Retirement Or Vested Interest Date Effective: 08/01/13 PURPOSE To apply for discontinuance of police service (retirement or vested interest). DEFINITION TERMINAL LEAVE - Leave, with pay, computed at the Police Pension Fund and granted to retiring members UPON REQUEST. One month leave is granted for each ten years of service, three days for each completed year of service, and one day for each completed four months of service, EXCEPT that terminal leave will NOT be granted: a. If disciplinary charges are pending b. If discontinuing police service with vested interest c. For time spent on extended leave without pay, unless mandated by law. PROCEDURE When a uniformed member of the service wishes to apply for retirement or discontinue police service with vested interest: UNIFORMED MEMBER OF THE SERVICE 1. Notify commanding officer. 2. Telephone Police Pension Fund for instructions and an appointment PRIOR to reporting for retirement processing. COMMANDING OFFICER 3. Have clerical member prepare PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013). 4. Sign PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE in appropriate space and give form to retiring member. UNIFORMED MEMBER CONCERNED 5. Report to Police Pension Fund in civilian clothes at least thirty days prior to discontinuance of service (retirement or vested interest). A member applying for terminal leave is requested to report to the Police Pension Fund at least ten days prior to commencement of such leave to allow for clerical processing. 6. Request assignment to second platoon, if necessary. NOTE: A uniformed member wishing to terminate police duties IMMEDIATELY, who has used all accrued time, vacation and/or terminal leave, MUST, after calling the Police Pension Fund for an appointment, submit three copies of LEAVE OF ABSENCE REPORT (PD433-041) to his commanding officer, requesting LEAVE WITHOUT PAY for up to thirty days. This leave MAY BE granted a member applying for discontinuance of police service. Upon approval of the request by the unit commander, the member concerned MUST personally deliver all copies of the LEAVE OF ABSENCE REPORT to the commanding officer of the next higher command for approval and then present all copies to the Police Pension Fund for processing. 7. Bring PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE and all property listed thereon to Police Pension Fund. If additional tours of duty are to be performed subsequent to appearance at the Police Pension Fund, report with PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE form ONLY. Upon completion of last tour of duty, report with ALL property to Police Pension Fund on date specified by Police Pension Fund personnel OR after last tour of duty. NOTE: When a valid reason exists for testing firearm(s) of member discontinuing police service, member's commanding officer or Executive Director, Police Pension Fund, will ensure the preparation of [I.O. 63 s 13] REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168), if applicable, and have member hand deliver firearm(s) with REQUESTS direct to Firearms Analysis Section. 8. Deliver property and obtain receipt on PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE, as follows: a. Department Manual - to Executive Director, Police Pension Fund b. Shield - to Administrator-in-Charge, Employee Management Division c. IDENTIFICATION CARD (PD416-091) - to Executive Director, Police Pension Fund for perforation and return to member for delivery to Administrator-In-Charge, Employee Management Division for re-issue of IDENTIFICATION CARD marked "Retired" d. Firearm(s), if not previously vouchered - to Manhattan Property Clerk's Office if NOT applying for a handgun license. (Member discontinuing police service will prepare PROPERTY CLERK INVOICE (PD521-141) at Property Clerk facility). Firearm(s) previously vouchered at other borough Property Clerk Offices will be forwarded to the Manhattan Property Clerk's Office by the Property Clerk. e. Helmet and mace with holster - to Firearms and Tactics Section, Police Headquarters range f. New York City Transit Police Pass MetroCards - to desk officer, who will ensure that All MetroCards are hand delivered to the Employee Management Division g. Long Island Rail Road and Metro-North Police Passes - to desk officer, who will ensure that ALL Long Island Rail Road and Metro-North Police Passes are hand delivered to the Employee Management Division h. Personal portable radio with all accessories - issued to members of the service in the rank of captain and above to Communications Division, Telecommunications Unit, One Police Plaza, Room 910B i. Cellular telephone with all accessories - if applicable, to Communications Division, Telecommunications Unit, One Police Plaza, Room 910B j. NYPD Restricted Parking Permit (Misc. 23-N), Headquarters Annex Parking Permit (Misc. 814HQ-Annex) or any other Department issued vehicle parking permit - if applicable, to issuing command's integrity control officer/counterpart, to ensure that return is recorded in Department record book k. NYPD Vehicle Identification Plate (Misc. 740) - if applicable, to command's integrity control officer/counterpart, who will ensure that the plate is forwarded by messenger to Internal Affairs Bureau, Vehicle Identification Unit at 315 Hudson Street, Manhattan l. Personal laptop computer with all accessories - if applicable, (issued to members of the service in the rank of captain and above) to Management Information Systems Division, Distributed Computer Section, One Police Plaza, C Level, Room A-74. NOTE: A member intending to apply for a handgun license will comply with instructions received from the Executive Director, Police Pension Fund. Members who reside within the confines of New York City MUST have HANDGUN LICENSE APPLICATION (PD643-041) typed and notarized prior to reporting to the Police Pension Fund. A member residing outside New York City must make application for a handgun license to the licensing officer in the municipality in which the member resides. 9. Deliver to Executive Director, Police Pension Fund: a. Five copies of PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE indicating disposition of property b. Copy of PROPERTY CLERK INVOICE, if applicable. 10. Prepare and submit PENSION APPLICATION (PD440-045), which grants terminal leave, if applicable. 11. Retain copy of: a. PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE b. PROPERTY CLERK INVOICE, if prepared. DESK OFFICER 12. Make Command Log entry from the endorsement made by the Executive Director, Police Pension Fund on PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE. a. File copy of receipted form in Property Receipt Book. 13. Notify commanding officer and next higher command. 14. Notify roll call clerk. ADDITIONAL DATA The Police Pension Fund notifies uniformed members of the service well in advance of their 63rd birthdate that such members are required, by law, to retire no later than midnight of the eve of their 63rd birthdate. The member concerned MUST apply for and take all leave, including vacation and terminal leave, PRIOR TO THAT DATE. Any leave NOT TAKEN prior to the member's 63rd birthdate WILL BE FORFEITED; the member will receive NO COMPENSATION WHATSOEVER for time so forfeited. No leaves of any kind may be granted after commencement of terminal leave, nor may the member be placed on sick report, UNLESS such sick report results from an action taken in the line of duty while on terminal leave. A member who discontinues terminal leave PRIOR to the effective retirement date may NOT be granted vacation for at least thirty days AFTER discontinuance of such leave. A member may, however, apply for a thirty day leave of absence WITHOUT PAY, OR return to full duty. Prior to approval of a request for leave WITHOUT PAY of a member discontinuing terminal leave, the approving officer (see P.G. 205-21, "Leave Of Absence Without Pay Thirty Calendar Days Or More") MUST communicate with, and obtain the approval of the Chief of Personnel. A member on terminal leave who withdraws an application for retirement and subsequently re-applies for retirement shall be subject to ALL the provisions of this procedure. In addition, the effective date of retirement must be at least thirty days from the date of re-application. A uniformed member of the service with sufficient reason may request his commanding officer to mail his paycheck while he is on leave prior to retirement. The request shall be prepared on Typed Letterhead and submitted with sufficient number of self-addressed, stamped envelopes. RELATED PROCEDURES Discontinuance of Police Service - Resignation (P.G. 205-43) Leave Of Absence Without Pay Thirty Calendar Days Or More (P.G. 205-21) Acquisition and Use of Department Issued New York City Transit Police Pass MetroCards (P.G. 219-26) FORMS AND REPORTS LEAVE OF ABSENCE WITHOUT PAY (PD433-041) PENSION APPLICATION (PD440-045) HANDGUN LICENSE APPLICATION (PD643-041) PROPERTY CLERK INVOICE (PD521-141) PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013) [I.O. 63 s 13] REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) Typed Letterhead P.G. 205-43 Discontinuation Of Police Service - Resignation Date Effective: 08/01/13 PURPOSE To facilitate the resignation of a uniformed member of the service. DEFINITION RESIGNATION - Voluntary separation from the Department other than retirement/vested interest. PROCEDURE When a uniformed member of the service decides to resign from the Department: MEMBER CONCERNED 1. Report to permanent command and notify commanding officer. a. If commanding officer is NOT present, inform desk officer. COMMANDING OFFICER 2. Instruct member that resignation bars reinstatement EXCEPT if approved by the Police Commissioner within one year of date of resignation. 3. Request member concerned to complete, in ink, and sign appropriate section of RESIGNATION AND EXIT INTERVIEW (PD452-151). 4. Interview member and record responses under appropriate captions of RESIGNATION AND EXIT INTERVIEW. 5. Sign RESIGNATION AND EXIT INTERVIEW and distribute as indicated on bottom of each copy of form. 6. Have command clerk prepare set of PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013). 7. Sign PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE. DESK OFFICER 8. Make Command Log entry of resignation. 9. Obtain New York City Transit Police Pass MetroCard and Long Island Rail Road and/or Metro-North Rail Road Police Passes from resigning member, if appropriate, and have hand delivered to the Employee Management Division. 10. Notify Operations Unit that uniformed member is resigning. 11. Give member on duty at Operations Unit the following information concerning resigning member: a. Rank b. Last name, first name, middle initial c. Shield number d. Tax registry number e. Social Security number f. Command g. Date of appointment h. Hour and date of resignation. NOTE: Operations Unit personnel will notify Communications Section (for transmittal of FINEST message), Internal Affairs Bureau, Payroll Section, Police Pension Fund and Employee Management Division. 12. Assign member concerned to second platoon on last working day. a. If last working day of resigning member is on Saturday or Sunday, member will report to Police Pension Fund for processing on Friday and perform clerical duty in command on Saturday and Sunday. RESIGNING MEMBER 13. Prepare PROPERTY CLERK INVOICE (PD521-141) listing firearms to be safeguarded. [I.O. 66 s 13] Deleted NOTE 14. Prepare separate ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE (PD424-150) for each firearm safeguarded. 15. Deliver firearms with PROPERTY CLERK INVOICE and ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE to borough Property Clerk's Office, ONLY. [I.O. 66 s 13] 16. Report to Police Pension Fund on last working day in civilian clothes with PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE, ALL property and two copies of PROPERTY CLERK INVOICE. a. Resigning uniformed member of the service will retain "Prisoner / Finder / Owner copy" of PROPERTY CLERK INVOICE as receipt for firearms. NOTE: If uniformed member of the service refuses to report to Police Pension Fund for processing, commanding officer will accept property and have it delivered to appropriate commands. 17. Deliver Department property to commands indicated below and obtain receipt on PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE form. a. Department Manual (Patrol Guide, Administrative Guide, Organization Guide and Detective Guide) - to Executive Director, Police Pension Fund b. IDENTIFICATION CARD (PD416-091) and shield - to Administrator, Employment Section c. Helmet, mace and mace holster - to officer-in-charge, Firearms and Tactics Section, Police Headquarters Range d. Personal portable radio with all accessories - issued to members of the service in the rank of captain and above to Communications Division, Telecommunications Unit, One Police Plaza, Room 910B e. Cellular telephone with all accessories - if applicable, to Communications Division, Telecommunications Unit, One Police Plaza, Room 910B f. NYPD Restricted Parking Permit (Misc. 23-N), Headquarters Annex Parking Permit (Misc. 814HQ-Annex) or any other Department issued vehicle parking permit - if applicable, to issuing command's integrity control officer/counterpart, to ensure that return is recorded in Department record book g. NYPD Vehicle Identification Plate (Misc. 740) - if applicable, to command's integrity control officer/counterpart, who will ensure that the plate is forwarded by messenger to Internal Affairs Bureau, Vehicle Identification Unit at 315 Hudson Street h. Personal laptop computer with all accessories - if applicable, (issued to members of the service in the rank of captain and above) to Management Information Systems Division, Distributed Computer Section, One Police Plaza, C Level, Room A-74. NOTE: ALL uniformed members of the service MUST return the Patrol Guide. Detectives, detective investigators and detective supervisors MUST return the Patrol Guide and Detective Guide. ALL uniformed members of the service in the rank of lieutenant MUST return the Patrol Guide and Administrative Guide. All uniformed members of the service in the rank of captain and above MUST return the Patrol, Administrative, Detective and Organization Guides. POLICE PENSION FUND REPRESENTATIVE 18. Examine PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE to insure that ALL property is returned or accounted for. 19. Prepare necessary resignation papers and give resigning member appropriate instructions. 20. Forward to desk officer/counterpart following forms in Department mail: a. PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE b. PROPERTY CLERK INVOICE. DESK OFFICER 21. File copy of PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE in Property Receipt Book. 22. Notify commanding officer, roll call clerk and next higher command of resignation. IF MEMBER IS RESIGNING IN PERSON, NOT AT PERMANENT COMMAND, AND WILL NOT REPORT TO POLICE PENSION FUND FOR PROCESSING: DESK OFFICER COMMAND OF RESIGNATION 23. Prepare RESIGNATION AND EXIT INTERVIEW (five part snap-out). 24. Request member to sign form. a. If member refuses, so indicate. 25. Sign and distribute form as indicated in step "5" above. 26. Notify Operations Unit of member's resignation. a. Operations Unit personnel will make required notifications. 27. Notify member's permanent command of resignation. 28. Make Command Log entry of member's resignation including names of persons notified. 29. Question resigning member concerning location of property. 30. Instruct member concerned that benefits, pension contributions, etc., will NOT be returned until ALL property is accounted for and that the Police Commissioner will decide if resignation is without permission. 31. Assign uniformed member to deliver property of resigning member to permanent command. 32. Instruct resigning member to contact Police Pension Fund for instructions concerning benefits. DESK OFFICER, PERMANENT COMMAND 33. Have following forms prepared: a. PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE b. PROPERTY CLERK INVOICE c. ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE. 34. Inspect member's FORCE RECORD (PD406-143) to determine Department property and firearms possessed by member. 35. Have uniformed supervisor and clerical member of the service open member's locker and obtain property. 36. Have uniformed member of the service deliver resigning member's firearms with related forms to borough Property Clerk's Office. [I.O. 66 s 13] 37. Assign member to deliver PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (five copies), two copies of PROPERTY CLERK INVOICE and ALL Department property to Police Pension Fund. POLICE PENSION FUND REPRESENTATIVE 38. Process papers of resigning member and check PROPERTY RECEIPT DISCONTINUANCE OF SERVICE to insure ALL Department property and firearms are returned. 39. Forward to member's permanent command a copy of: a. PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE b. PROPERTY CLERK INVOICE. DESK OFFICER PERMANENT COMMAND 40. Check PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE to insure that ALL Department property and firearms of resigning member are accounted for, and/or safeguarded. IF MEMBER RESIGNS OTHER THAN IN PERSON (BY TELEGRAM, REGISTERED LETTER, ETC.): C.O./SUPERVISING OFFICER, RECEIVING RESIGNATION 41. Notify Operations Unit of member's resignation. a. Operations Unit personnel will make required notifications. 42. Notify resigning member's permanent command, if necessary. C.O., PERSONNEL ORDERS SECTION 43. Mail certified letter to member concerned acknowledging receipt and acceptance of resignation. a. Advise member that Police Commissioner will decide if resignation is without permission. MEMBER'S C.O./SUPERVISORY HEAD 44. Attempt to personally communicate with member to determine location of Department property and member's firearms. 45. Instruct member concerned that pension contributions, etc., will NOT be returned until ALL property and firearms are returned and/or accounted for. 46. Have desk officer inspect FORCE RECORD of member to determine what Department property and firearms are possessed by member. DESK OFFICER, MEMBER'S COMMAND 47. Assign sergeant and clerical member of the service to open member's locker and obtain Department property. 48. Make Command Log entry of all facts. 49. Request desk officer of designated precinct to assign a supervisor to a specified location to obtain member's property. a. Precinct designated will be determined by location of property. SUPERVISOR, DESIGNATED PRECINCT 50. Visit location(s) and obtain property. 51. Deliver property to desk officer of member's permanent command. DESK OFFICER 52. Comply with steps "13" to "17" above, insofar as possible, regarding preparation of forms and delivery of property to appropriate commands. ADDITIONAL DATA In an effort to facilitate vacation selections, uniformed members of the service in the rank of police officer through deputy chief receive their entire vacation allotment on January 1st of any given year. However, members concerned are reminded that they are only entitled to use their entire vacation allotment if they are employed for the full year. Uniformed members who resign during the calendar year may only use the amount of vacation days based on the monthly accrual rates as follows: a. Uniformed members appointed PRIOR to July 1, 1988, as per P.G. 203-19, "Vacation Policy". b. Uniformed members appointed AFTER July 1, 1988 at the rate of: (1) 2 1/2 days each month AFTER the first five years of service for a total of twenty-seven vacation days (2) 1 2/3 days each month PRIOR TO 5TH YEAR ANNIVERSARY for a total of twenty vacation days. NOTE:: Uniformed member whose 5th year anniversary falls within calendar year receives a prorated vacation accrual based on date of appointment. A uniformed member of the service who uses vacation in excess of the accrual rates PRIOR to resigning will be required to forfeit pay and/or reimburse the Department for the paid vacation days used in excess of the accrual. RELATED PROCEDURES Vacation Policy (P.G. 203-19) Acquisition and Use of Department Issued New York City Transit Police Pass MetroCards (P.G. 219-26) FORMS AND REPORTS ACQUISITION OR DISPOSITION OF FIREARMS BY POLICE OFFICERS - REPORT TO N.Y. STATE POLICE (PD424-150) PROPERTY CLERK INVOICE (PD521-141) PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013) RESIGNATION AND EXIT INTERVIEW (PD452-151) P.G. 205-44 Pistol License For Retiring Members Of The Service Date Effective: 08/01/13 PURPOSE To expedite the issuance of a pistol license to a uniformed member of the service retiring. PROCEDURE A uniformed member of the service who desires to obtain a pistol license will, prior to last tour of duty: RETIRING MEMBER OF THE SERVICE 1. Obtain pistol license from local police authority if a non-resident of City. 2. Prepare PISTOL LICENSE APPLICATION (PD643-041) complying with directions on form. a. Two copies if resident of New York City b. Three copies if non-resident of New York City. 3. Request commanding officer to endorse reverse side of application under caption, "Investigating Officer's Recommendation." CLERICAL MEMBER 4. Fingerprint retiring member using: a. NON-CRIMINAL FINGERPRINT RECORD (PD423-144) b. New York State Non-Criminal Fingerprint Card (O13 OOIN) c. F.B.I. Applicant Form (FD258) RETIRING MEMBER OF THE SERVICE 5. Obtain three head type photographs, 1 1/2 inch square a. If non-resident of New York City, four photographs are required. NOTE: Photographs must have been taken within thirty days of application. 6. Report to Identification Section, Police Headquarters with fingerprints for processing. 7. Report to Payroll/Police Pension Fund to obtain Certificate of Service with medical endorsement. a. If non-resident, an additional copy of Certificate of Service is required for local police authority. 8. Prepare a U.S. Postal Money Order as follows: a. Seventy-four ($74) dollars payable to New York State Division of Criminal Justice Services. 9. Report to Pistol License Section, Police Headquarters with the following documents: a. PISTOL LICENSE APPLICATIONS and photographs b. Fingerprint forms c. Certificate of Service d. Money Order e. Copy of PROPERTY CLERK INVOICE (PD521-141) if firearms are in custody of Property Clerk. ADDITIONAL DATA A retiring uniformed member of the service who resides outside New York City must obtain a New York State Pistol License from his local police authority prior to making application to the Pistol License Section for a New York City License. Because the retiring member cannot receive a Certificate of Service until his last working day, he may be unable to receive his New York State License prior to his retirement date. Therefore, the retiring member will deposit his firearms in the Manhattan Property Clerk's Office and upon receipt of his State License, comply with the above procedure. RELATED PROCEDURES Discontinuance Of Police Service Retirement-Vested Interest (P.G. 205-42) FORMS AND REPORTS NON-CRIMINAL FINGERPRINT RECORD (PD423-144) PISTOL LICENSE APPLICATION (PD643-041) PROPERTY CLERK INVOICE (PD521-141) P.G. 205-45 Chronic Absence Control Program Date Effective: 08/01/13 PURPOSE To curtail abuse of sick leave privileges. DEFINITIONS CHRONIC SICK - CATEGORY "A" - A uniformed member of the service who reports sick for any reason, EXECPT an initial line of duty absence OR for hospitalization at any time, four or more times within a twelve month period. CHRONIC SICK - CATEGORY "B" - A unformed member of the service who reports sick for any reason, EXCEPT initial line of duty OR for hospitalization at any time, six or more times within a twelve month period; OR For any reason EXCEPT an initial line of duty absence or for hospitalization at any time, four or more times within a twelve month period and loses forty or more workdays (not calendar days). SCOPE Outpatient service such as ambulatory surgery is not considered hospitalization for the purpose of this procedure. PROCEDURE When a uniformed member of the service is initially designated "CHRONIC ABSENT": COMMANDING OFFICER, MEDICAL DIVISION 1. Notify member's commanding officer, in writing, by forwarding appropriate copies of CHRONIC ABSENT NOTIFICATION (PD433-148). COMMANDING OFFICER 2. Notify member of such designation, by delivering original copy (white) of CHRONIC ABSENT NOTIFICATION, after completing first endorsement. 3. Indicate notification on member's ABSENCE AND TARDINESS RECORD (PD433-145). 4. Advise member that such designation will remain in effect according to the following classification: a. CATEGORY "A" - for six months from date of return to duty following last absence. b. CATEGORY "B" - for nine months from date of return to duty following last absence. NOTE: Subsequent sick reports, EXCLUDING initial line of duty or hospitalization, during the six or nine month period will extend the designation period accordingly UNLESS such designation is revoked on appeal. WHEN A MEMBER WISHES TO APPEAL A CHRONIC SICK DESIGNATION MEMBER CONCERNED 5. Prepare report, in DUPLICATE, on Typed Letterhead, addressed to the Commanding Officer, Medical Division, within thirty days of chronic absent designation, indicating the reason(s) for objection to designation. 6. Present report to commanding officer for review and recommendation. COMMANDING OFFICER 7. Review report and forward, with endorsement, to Commanding Officer, Medical Division. a. Include recommendation and reason(s) in support or denial of appeal. COMMANDING OFFICER, MEDICAL DIVISION 8. Confer with Chief Surgeon and district surgeon concerned. 9. APPROVE/DISAPPROVE appeal. 10. Forward DISAPPROVED appeal to Chief of Personnel for final determination. 11. Notify commanding officer of member concerned of results of appeal. COMMANDING OFFICER 12. Inform member concerned of final determination. ADDITIONAL DATA The following restrictions shall apply to members designated Category "B": a. Not eligible for Administrative Return b. Assignment to Special Medical District, regardless of residence and existing medical district. c. Not permitted to leave residence without the express permission of the Special Medical District Surgeon. Members violating this procedure will be subject to Charges and Specifications, not Command Discipline. Category "B" members who report sick and indicate an inability to travel, or who fail to report to the Special Medical District when scheduled, will be visited by a supervising officer of the Medical Division. Member will then be transported to the Special Medical District (if able to travel). CHARGES AND SPECIFICATIONS (PD468-121) will be prepared by a ranking officer from the Medical Division if Special Medical District Surgeon determines that: a. the sick member was able to travel to the Special Medical District, OR b. the member displays no objective evidence of illness or injury claimed. Category "B" members found fit for duty after examination by the Special Medical District Surgeon and who report sick again for the SAME reason prior to their next scheduled tour of duty, may be suspended from duty without pay if upon subsequent examination by a surgeon, no objective findings of such illness or injury are found. CHARGES AND SPECIFICATOINS will be prepared by the Commanding Officer, Medical Division. A FINEST message will be transmitted daily listing those members reporting sick within the previous twenty-four hours and specifically identifying those who will report to the Special Medical District instead of their own district surgeon. Members concerned will be notified by their commanding officer. Granting of applications or recommendations for discretionary benefits, including promotion, extra compensation, designation, heightened assignments, off-duty employment and scholarships will be discretionary while a member is Chronic Absent, Category "A" or "B". No discretionary benefits and privileges will be denied solely because a member is Chronic Absent, Categories "A" or "B". RELATED PROCEDURES Reporting Sick (P.G. 205-01) FORMS AND REPORTS ABSENCE AND TARDINESS RECORD (PD433-145) CHARGES AND SPECIFICATIONS (PD468-121) CHRONIC ABSENT NOTIFICATION (PD433-148) P.G. 205-46 Counseling Services Unit Date Effective: 08-01-13 PURPOSE To ensure that all members of the service are informed about the Counseling Services Unit. DEPARTMENT COUNSELING GUIDELINES SCOPE The primary function of the Counseling Services Unit is to assist in the recovery and return to full and productive service those members of the service who are experiencing difficulties with alcohol, prescription medication, gambling or finances. The Department's objective, at all levels, is the early detection and referral of its personnel for evaluation and treatment, either as a self-referral or through a direct supervisory referral. The Counseling Services Unit is not a disciplinary unit, nor a sanctuary for misconduct. To afford confidentiality to members of the service who utilize this program, the Counseling Services Unit is located in a non-Department facility located at: 189 Montague Street, 7th Floor, Brooklyn, New York 11201, Monday through Friday between 0700-1800 hours. During non-business hours the Counseling Services Unit may be contacted through the Sick Desk Supervisor. Alcoholism is a primary, chronic disease with genetic, psychosocial and environmental factors influencing its development and manifestations. Untreated, the disease is often progressive and fatal. It is characterized by continuous or periodic impaired control over drinking, preoccupation with the drug alcohol, use of alcohol despite adverse consequences, and distortions in thinking, most notably denial. Alcoholism is a fully treatable disease, especially when intervention occurs in the early stages. Self-referral, before the condition results in personal tragedy or misconduct, is deal. However, it must be emphasized that denial and cover-up are inherent components of this disease. Therefore, supervisors are a vital link to the process of early detection, referral, treatment and recovery. A supervisor may contact the Counseling Services Unit and request that a member be evaluated. Federal law and regulations governing confidentiality prohibit disclosure of any information or record pertaining to substance abuse treatment. The Counseling Services Unit may not disclose any information that identifies a member as a participant except under the following circumstances: a. Written consent from the member concerned b. Valid subpoena and U.S. District Court Order c. Suspected child abuse d. Danger to self or another Records maintained by the Counseling Services Unit are absolutely confidential and not duplicated or forwarded anywhere within the Department. In non-disciplinary cases, when a supervisor officially refers a member, no report will he prepared and no record of the referral will be noted in the member's personnel folder. Supervisors making referrals will only be advised as to the level of cooperation and only on a need to know basis. Members participating in this program will not jeopardize their assignments or promotional opportunities. In addition, their current assignments will not ordinarily be changed because of their participation in this program unless, due to the nature of the assignment, a change is deemed to be in the best interests of all parties concerned. However, participation in this program will not exempt a member of the service from disciplinary action for specific acts of misconduct and the consequences of such disciplinary action. The services of the Counseling Services Unit are NOT available to members of the service for illegal drug use. All members of the service are mandated by provisions of "Administration of Drug Screening Tests for Cause," (P.G. 205-30) to make official notification to the commanding officer/duty captain, or Internal Affairs Bureau/Command Center when illegal drug use is suspected. Prior to final adjudication of a disciplinary matter, in all misconduct cases in which the use of alcohol is indicated, an alcoholism assessment by the Counseling Services Unit must be conducted. In addition, in appropriate cases, a final adjudication of the disciplinary matter will be held in abeyance pending completion of treatment for alcoholism. The Department Advocate's Office or the Office of the Special Prosecutor, as appropriate, will ensure that these steps are taken. In domestic violence cases, the Early Intervention Unit will refer the member to the Domestic Incident Education Program. The Department Advocate's Office or the Office of the Special Prosecutor, as appropriate, will ensure that these steps are taken. P.G. 205-47 Temporary Removal Of Firearms In Non-Disciplinary Cases Date Effective: 08/01/13 PURPOSE To temporarily remove a uniformed member of the service's firearms and evaluate that member's fitness to perform duty in non-disciplinary cases. DEFINITION RANKING OFFICER - For the purposes of this procedure only, a Department surgeon, uniformed member of the service in the rank of captain or above, or other competent authority. PROCEDURE Whenever a Department surgeon, uniformed member of the service in the rank of captain or above, or other competent authority, determines that a member's firearms should be temporarily removed for non-disciplinary reasons (e.g., stress as a result of family or other situations, suicidal tendencies, etc.) the following steps will be complied with: RANKING OFFICER 1. Request response of Department psychologist, if warranted, through the Sick Desk Supervisor, at (718) 760-7606. 2. Direct that the member's pistols, revolvers, IDENTIFICATION CARD (PD416-091), and shield be removed. 3. Deliver surrendered property to command where the order to surrender was given. 4. Ascertain if member possesses additional firearms, i.e. pistols, revolvers, rifles or shotguns: a. Question member directly b. Direct desk officer, command of surrender, to check member's FORCE RECORD (PD406-143). DESK OFFICER, COMMAND OF SURRENDER 5. Notify member's permanent command and request a check of member's FORCE RECORD (PD406-143) to determine if all weapons listed have been surrendered. 6. Arrange to obtain other additional firearms if necessary. NOTE: The command where any of the member's pistols or revolvers are located may be directed to retrieve the weapons and deliver them to either the member's command or to the command in which the investigation is being conducted, if appropriate. 7. Have PROPERTY CLERK INVOICE (PD521-141) prepared for firearms obtained. Include on INVOICE notation "Property of uniformed member of the service - Not to be returned without approval of Commanding Officer, Medical Division." a. Place shield, and IDENTIFICATION CARD into a Plastic Security Envelope and seal. (Do not prepare INVOICE for these items). b. Secure firearms, shield, and IDENTIFICATION CARD in the command's property locker. c. Make appropriate entries in Command Log. NOTE: Do not prepare REMOVAL/RESTORATION OF FIREARMS REPORT (PD524-152). RANKING OFFICER 8. Make notification to Early Intervention Unit. If closed, have notification made at beginning of next business day. 9. Prepare detailed confidential report addressed to Commanding Officer, Medical Division, and forward direct. 10. Forward copies of the report to: a. Director, Employee Management Division (Attention: Early Intervention Unit) in all cases. b. The member's commanding officer in all cases. c. Chief of Internal Affairs Bureau (IAB) only if the incident generates an IAB log number. (Notify IAB Command Center of results of investigation). d. Investigative unit concerned (i.e. borough/bureau investigations unit) only if further investigation of the incident is necessary. NOTE: If the incident involves corruption/serious misconduct, comply with P.G. 206-08, "Suspension From Duty-Uniformed Member of the Service," or 206-10, "Modified Assignment," 206-17, "Removal and Restoration of Firearms" and [I.O. 9 s 08] 207-21, "Allegations of Corruption and Other Misconduct Against Members of the Service." 11. Direct member concerned to: a. Report to his/her permanent command at 0900 hours for each tour of duty that falls on a business day (Monday through Friday). b. Work normally assigned tour hours whenever tour of duty falls on a weekend (Saturday or Sunday) or holiday. c. Be assigned to non-enforcement duties. d. Follow steps 11a.-11c. as indicated above until an evaluation determination and further reporting instructions from the Commanding Officer, Medical Division are received. COMMANDING OFFICER, MEDICAL DIVISION 12. Review confidential report prepared by ranking officer. 13. Determine with supervisory psychologist if member concerned should be evaluated by the Psychological Evaluation Unit. 14. Notify member concerned to appear at Psychological Evaluation Unit if determination is made that member requires evaluation. WHEN IT IS DETERMINED THAT THERE IS A MEDICAL OR PSYCHOLOGICAL REASON FOR THE MEMBER'S FIREARMS TO BE OFFICIALLY REMOVED 15. Have member's firearms officially removed when deemed necessary. NOTE: Medical Division will be responsible for: a. Placing member on restricted duty. b. Issuing a Firearms Removal serial number. c. Preparing REMOVAL/RESTORATION OF FIREARMS REPORT and forwarding it to desk officer, command of surrender. d. Notify commands concerned regarding member's status and the official removal of firearms. e. Directing member to report to Employee Management Division for a restricted duty IDENTIFICATION CARD. DESK OFFICER, COMMAND OF SURRENDER 16. Upon receipt of REMOVAL/RESTORATION OF FIREARMS REPORT from Medical Division, comply with P.G. procedure 206-17, "Removal and Restoration of Firearms," regarding the forwarding of firearms, shield and IDENTIFICATION CARD. WHEN DETERMINATION IS MADE THAT MEMBER DOES NOT REQUIRE A PSYCHOLOGICAL EVALUATION OR A PSYCHOLOGICAL EVALUATION FINDS NO BASIS TO OFFICIALLY REMOVE THE MEMBER'S FIREARMS COMMANDING OFFICER, MEDICAL DIVISION 17. Notify desk officer, command of surrender and also member's permanent command, if different that: a. There is no medical/psychological objection to returning the member's firearms, shield, and IDENTIFICATION CARD. b. Member must report to the Early Intervention Unit on the next business day. DESK OFFICER, COMMAND OF SURRENDER/MEMBER'S PERMANENT COMMAND 18. Make: a Return call to Medical Division to verify authenticity of the notification. b. Entry in Telephone Record. 19. Notify commanding officer and roll call personnel. 20. Return firearms, shield, and IDENTIFICATION CARD to member. 21. Ensure that member reports to the Early Intervention Unit on the next business day. 22. Make Command Log entry. EARLY INTERVENTION UNIT 23. Conduct Career Guidance Interview with the member upon arrival at the Early Intervention Unit. ADDITIONAL DATA The interview with the Early Intervention Unit may take place after the member's firearms have been returned provided the interview takes place on the next business day. AUTHORIZATION TO SAFEGUARD FIREARMS AT MEMBER'S COMMAND DUE TO A CURRENT PERSONAL PROBLEM When a member believes that possession of firearms, during off-duty hours, could further aggravate a current personal problem, (e.g. potential domestic violence accusations), the member concerned may request that his/her firearms be safeguarded at the command. The desk officer must make a Command Log entry each tour the member elects to safeguard his/her firearms. The entry will indicate the date, time, rank, name and tax registry number of the member making the request, and the serial numbers of all firearms being safeguarded. An entry concerning the justification for this type of request is not required. A notification in the margin of the original entry will also be made indicating the date and time the firearms were returned to the member. The member will continue to perform full duty according to the normal duty chart or work schedule. At the conclusion of each tour the member may deliver his/her firearms to the desk officer until the personal problem is rectified. RELATED PROCEDURES Cause For Suspension/Modified Assignment (P.G. 206-07) Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) Modified Assignment (P.G. 206-10) Removal Of Firearms From Intoxicated Uniformed Member Of The Service (P.G. 206-12) Removal and Restoration of Firearms (P.G. 206-17) FORMS AND REPORTS FORCE RECORD (PD406-143) PROPERTY CLERK INVOICE (PD521-141) REMOVAL/RESTORATION OF FIREARMS REPORT (PD 524-152) P.G. 205-48 Evaluations - General - Members Of The Service Date Effective: 08/01/13 PURPOSE To ensure that each uniformed and civilian member of the service is evaluated at least once each year. PROCEDURE To provide guidance to processing the evaluation of uniformed and civilian members of the service: COMMANDING OFFICER CONCERNED 1. Utilize the "Evaluations Due" computer application in the NYPD Intranet and examine command roster to determine which members of command may require a PERFORMANCE EVALUATION. 2. Assign supervisor(s) to evaluate performance of subordinates. a. Designate an appropriate supervisor to prepare PERFORMANCE EVALUATIONS of members assigned to the VIPER units, if applicable. RATER 3. Prepare appropriate PERFORMANCE EVALUATION form according to directions contained on the form and in the Performance Evaluation Guide. 4. Examine ratee's CPI record, Department recognition, sick record, commendation letters, CCRB record, for entries pertaining to the rating period, as well as any other record of performance documentation (e.g. Command Discipline Log, Minor Violations Log, etc.). 5. Comment on all Performance Areas/Behavioral Dimensions rated below competent (i.e., rated either 2 or 1). 6. Discuss the Department's equal employment opportunity (EEO) policy with ratee. a. Make all evaluation decisions in accordance with the Department's EEO policy to ensure compliance b. Record any disciplinary action received by a member of the service that was a result EEO related issue (see "ADDITIONAL DATA") c. Record comments in the section devoted to the "Overall Rater's Comments", indicating that the employee's rights and responsibility regarding EEO issues were discussed d. Record any comments in the section devoted to the "Overall Rater's Comments", indicating how well a supervisor has demonstrated his/her compliance with the Department's EEO policy. 7. Report efforts made to improve attendance of members who are classified "Chronic Absent - Category A" or "Chronic Absent - Category "B." a. Include a statement concerning efforts made to improve attendance. 8. Confer with ratee's former supervisor and consult transfer PERFORMANCE EVALUATION if observation of ratee is of limited duration, when appropriate. a. Include identity of supervisor conferred with in Overall Rater's comments. 9. Forward completed PERFORMANCE EVALUATION to appropriate reviewer by entering the reviewer's tax registry number. REVIEWER 10. Review all PERFORMANCE EVALUATIONS of subordinate personnel. 11. Ensure the ratings of members designated "Chronic Absent" are accurate and objectively reflect the ratee's performance and the impact of absenteeism on such performance. a. Give consideration to attendance record of ratee who is classified "Chronic Absent - Category A" in determining appropriate overall rating. b. Consider evaluating ratee "Very Low" if member is or has been classified as "Chronic Absent - Category B" during the rating period. 12. Provide additional comments regarding the ratee's performance and submit PERFORMANCE EVALUATION to rater. WHEN REVIEWER IS IN DISSAGREEMENT WITH RATER'S EVALUATION 13. Prepare additional PERFORMANCE EVALUATION if in disagreement with any portion of the rater's evaluation of ratee. a. Forward the additional PERFORMANCE EVALUATION to immediate supervisor for review by entering the immediate supervisor's tax registry number. EXECUTIVE OFFICER/COMMANDING OFFICER 14. Review the additional PERFORMANCE EVALUATION prepared by initial reviewer and add comments as the new reviewer. a. Submit the additional PERFORMANCE EVALUATION to initial reviewer. INITIAL REVIEWER 15. Discuss the additional PERFORMANCE EVALUATION with ratee after comments have been made by executive officer/commanding officer. IN ALL CASES WHEN A PERFORMANCE EVALUATION IS PREPARED INITIAL REVIEWER/RATER 16. Discuss PERFORMANCE EVALUATION with ratee after the rater and the reviewer have made comments. 17. Comply with P.G. 205-58, "Appeal of Evaluation - Uniformed Members of the Service" or P.G. 205-59, "Appeal of Evaluation - Civilian Member of the Service," when member of the service appeals his/her PERFORMANCE EVALUATION. a. Notify commanding officer of ratee's decision to appeal. 18. Print PERFORMANCE EVALUATION for signature of ratee, rater, and reviewer. 19. Schedule and conduct interview with ratee. a. Be cognizant of any scheduled vacations or absences that may cause a delay in conducting the interview and "finalizing" of PERFORMANCE EVALUATION. 20. Provide a copy of PERFORMANCE EVALUATION to ratee at interview. 21. Ensure that a completed and signed PERFORMANCE EVALUATION is filed in the member's command folder. 22. Certify evaluation process as complete by "finalizing" PERFORMANCE EVALUATION. a. Submit PERFORMANCE EVALUATIONS prior to leaving for vacation or other leave, if such absence would cause a delay in preparation and/or submission of the PERFORMANCE EVALUATION. COMMANDING OFFICER/REVIEWER 23. Prepare interim PERFORMANCE EVALUATION if significant change occurs in ratee's performance or as otherwise directed. a. If a ratee receives an overall evaluation of below competent (2.5 or lower) or is rated extremely competent (5.0), the reviewer must be in the rank of captain or above, or selected civilian managerial titles. b. If ratee is in any Performance Monitoring Program, the reviewer must be the commanding officer. The commanding officer will consult with all appropriate supervisors prior to making any comments. 24. Review delinquent PERFORMANCE EVALUATIONS recapitulation on the NYPD Intranet Home Page (Evaluations Due) frequently to determine status of overdue PERFORMANCE EVALUATIONS (see "ADDITIONAL DATA"). 25. Ensure all PERFORMANCE EVALUATIONS are forwarded electronically after completion by utilizing the "Print Command Evaluations" feature on the main menu. a. This feature provides a supervisor in the rank of lieutenant or above to view all finalized PERFORMANCE EVALUATIONS in the command. 26. Ensure a signed copy of the original PERFORMANCE EVALUATION prepared for a probationary police officer, probationary sergeant, probationary lieutenant and probationary captain is forwarded to the Employee Management Division, Probationary Monitoring Unit. 27. Direct rater being transferred or retiring to prepare PERFORMANCE EVALUATION for each member the rater is regularly required to evaluate, prior to transfer/retirement. 28. Direct that a transfer PERFORMANCE EVALUATION be prepared for members transferred. a. Forward PERFORMANCE EVALUATION to member's new command. 29. Ensure that members are rated in the command to which assigned or temporarily assigned on the last day of the rating period (conferrals may be made if required). a. If a member of the service is not observed during the rating period, (i.e., sick report, leave, retired or resigned, etc.), an explanation, including dates, must be entered on PERFORMANCE EVALUATION. ADDITIONAL DATA PERFORMANCE EVALUATIONS and guidebooks for the ranks of police officer through captain, and civilian sub-managerial employees may be found by accessing the Online Evaluation System via the Department Intranet. Commanding officers will ensure additional copies of guidebooks are made available in the command reference library. Probationary members of the service do not receive annual PERFORMANCE EVALUATIONS. An annual PERFORMANCE EVALUATION will be prepared during the next rating period after a member attains permanent rank. Uniformed members of the service who are in rank on probation (e.g., entry-level probationary police officers, probationary sergeants, etc.) and civilian members of the service who have not completed their probationary period or have served less than two years in a provisional status are not permitted to appeal their PERFORMANCE EVALUATION. All newly promoted sergeants, lieutenants and captains are on probation in rank for a period of twelve months unless cause exists to extend such period for an additional six months. Extension of probation beyond twelve months may be authorized on a case-by-case basis. A waiver of probation may be requested after six months. This request must be made by the probationary member's commanding officer and accompanied by the fourth month PERFORMANCE EVALUATION. All requests are to be forwarded through channels to the Employee Management Division. Members of the service are reminded that appraisal of subordinates' performance is a continuous process. The use of an annual evaluation system DOES NOT relieve supervisors of their responsibility to monitor and document subordinates' performance throughout the rating period. The "Evaluations Due" web page provides a roster of annual and probationary PERFORMANCE EVALUATIONS that are due for specific personnel. Certain commands are required to provide additional PERFORMANCE EVALUATIONS (i.e., investigative track commands and requests due to monitoring). The Online Evaluation System does not preclude commands from providing additional PERFORMANCE EVALUATIONS when necessary. When preparing a PERFORMANCE EVALUATION, the rater will take into account the ratee's performance concerning equal employment opportunity (EEO) issues. EEO factors having a bearing on the rating in that category will include, but not be limited to, whether the member has engaged in conduct that violates provisions of the Department Manual, Title VII, other applicable equal employment opportunity laws, or the Department's equal employment opportunity policy. In addition, raters will ensure that recognition is given to members who utilize their language proficiency for translation and interpretation in the performance of their regular duties, or as part of the volunteer language initiative. The use of this skill shall be afforded the same recognition as any other special skill needed by the Department. Any experience gained while serving as a translator/interpreter in criminal investigations will be included in the Overall Rater's Comments of the PERFORMANCE EVALUATION. Commanding officers will ensure that evaluations of volunteer members are not negatively affected by their assignment to translation/interpretation duties. These tasks shall be evaluated as a proportionate part of their assigned duties. When a sub-managerial civilian member is transferred, the commanding officer/supervisory head will direct that the PERFORMANCE EVALUATION is completed online and the form is forwarded to the Employee Management Division and to the new command. The ratee will be given a copy of the form. The immediate supervisor in the new command will prepare a new Task and Standards of the ratee's new assignment via the Online Evaluation System. If excessive absence, tardiness or poor performance is cited as a reason(s) for a BELOW STANDARDS or WELL BELOW STANDARDS rating, include a copy of the appropriate form including: ABSENCE AND TARDINESS RECORD (PD433-145), CIVILIAN RECORD OF SUPERVISORY CONFERENCES (SUB-MANAGERIAL) (PD433-1411), CIVILIAN LATENESS/WARNING NOTIFICATION (PD449-122), or CIVILIAN UNSATISFACTORY PERFORMANCE WARNING (PD439-012), when appropriate. RELATED PROCEDURES Chronic Absence Control Program (P.G. 205-45) Police Officer's Monthly/Quarterly Performance Review and Rating System (P.G. 205-57) Appeal of Evaluation - Uniformed Members of the Service (P.G. 205-58) Appeal of Evaluation - Civilian Member of the Service (P.G. 205-59) FORMS AND REPORTS PERFORMANCE EVALUATION ABSENCE AND TARDINESS RECORD (PD433-145) CIVILIAN RECORD OF SUPERVISORY CONFERENCES (SUB- MANAGERIAL) (PD433-1411) CIVILAIN LATENESS/WARNING NOTIFICATION (PD449-122) CIVILIAN UNSATIFICATORY PERFORMANCE WARNING (PD439-012) Online Performance Evaluation Guide P.G. 205-49 Evaluation Of Probationary Police Officers Date Effective: 08/01/13 PURPOSE To insure proper evaluation of probationary police officers. PROCEDURE Before a probationary police officer is permanently assigned to a command: COMMANDING OFFICER, POLICE ACADEMY 1. Ensure preparation of two copies of RECRUIT EVALUATION (PD439-1412), prior to permanent assignment. 2. Forward original to permanent command. 3. Forward duplicate to Employee Management Division upon assignment to permanent command. COMMANDING OFFICER/SUPERVISOR CONCERNED (PERMANENT COMMAND) 4. Evaluate continuously, the conduct and performance of probationary police officers. 5. Evaluate probationary police officers via Online Evaluation System available on the Department's Intranet, three times during their probationary period: the tenth (10th), sixteenth (16th) and twenty-second (22nd) month. NOTE: The first sixteen months of a probationary police officer's field assignment is a critical phase in the training and maturation of a new police officer. Supervisors must conscientiously evaluate probationary police officers to ensure that members who are unable to satisfactorily perform their duties are identified. In addition to evaluation reports, commanding officers will submit the following reports during the probationary period as they occur, on Typed Letterhead. a. Request for Charges and Specifications to First Deputy Commissioner. b. Report of any matter that may bear upon the fitness of probationer to Chief of Personnel in a sealed envelope. COMMANDING OFFICER (PERMANENT COMMAND) 6. Ensure that twenty-second (22nd) month evaluation specifically recommends "Permanent Appointment," "Extension of Probation" or "Termination of Services," in reviewer's comments area. a. Notify the Performance Analysis Section whenever a probationary police officer receives an overall evaluation less than 3.0. 7. Forward completed PERFORMANCE EVALUATIONS via Department Intranet by finalizing the PERFORMANCE EVALUATION on line. a. Ensure a signed copy of the PERFORMANCE EVALUATION is printed out and forwarded to Probationary Monitoring Unit, One Police Plaza, Room 1000. NOTE: When recommending "Termination of Services" or "Extension of Probation" a detailed report to Chief of Personnel, including all pertinent facts related to the probationary police officer's performance, will be forwarded with a copy of the PERFORMANCE EVALUATION. If warranted, these recommendations may also be forwarded at any time during the probationary period, prior to the twenty-second (22nd) month anniversary. ADDITIONAL DATA The probationary period should be utilized to closely scrutinize the member's performance to assess his or her abilities as a police officer. The entry level probationary period may be extended an additional six months, if necessary, to allow the Department more time to further review and evaluate a probationer's suitability to remain a police officer. When a probationary officer is transferred to a command, his or her performance from the previous command must be reviewed. Interim evaluations should be prepared when it is apparent there is a problem with an officer's performance. The rater will discuss the probationary evaluation with the ratee. This will make the probationary officer aware of his or her performance and also place those probationary officers with a "below standards" evaluation on notice that their performance must show an improvement. When a commanding officer becomes aware that a probationary officer's performance may be below standards, supervisors should be instructed to carefully document the member's performance by utilizing the minor violations log, command discipline, and when appropriate, charges and specifications. The probationer will be notified of the observed performance deficiencies and instructed on proper Department procedure. Written documentation that the probationer was instructed and counseled will be maintained in the officer's personnel folder. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) Appeal of Evaluation - Uniformed Members of the Service (P.G. 205-58) FORMS AND REPORTS RECRUIT EVALUATION (PD439-1412) PERFORMANCE EVALUATION POLICE OFFICER-DETECTIVE SPECIALIST (PD439-157) Typed Letterhead P.G. 205-50 Evaluation Of Police Officers And Detectives Assigned To Investigative Duties Date Effective: 08/01/13 PURPOSE To ensure that each uniformed member is evaluated each year while assigned to investigative duties. PROCEDURE Prior to the scheduled evaluation of uniformed members of the service: RATER 1. Evaluate police officers assigned to investigative (Detective Track) duties two times during their initial fifteen months in such assignment, (eighth [8th], and fifteenth [15th] month), using form PERFORMANCE EVALUATION DETECTIVES AND POLICE OFFICERS ASSIGNED TO DETECTIVE TRACK COMMANDS (Online Evaluation System). NOTE: The first fifteen months of an investigative assignment is a critical phase in the training and development of a new investigator. Supervisors must conscientiously evaluate police officers/investigators to ensure that members who are not suited for investigative work are not retained in such assignments. If there is a change in performance after the fifteenth (15th) month, the member's supervisor MUST immediately submit an interim evaluation. 2. Evaluate police officers/investigators annually after the initial fifteen months. 3. Evaluate detectives/investigators annually, using form PERFORMANCE EVALUATION DETECTIVES AND POLICE OFFICERS ASSIGNED TO DETECTIVE TRACK COMMANDS (Online Evaluation System). REVIEWER 4. Comment on the ratee's performance and potential for continuation in an investigative assignment and eventual promotion to detective for all police officers/investigators. 5. Review and sign EVALUATION form. NOTE: When an investigator is designated "Chronic Absent - Category B," it is presumed that the investigator is performing in a substandard manner. If the performance of the "Category B" investigator is rated higher than "Low", the rater must demonstrate how the performance was achieved in spite of the absence record of the investigator. In all cases, the rater must state if the ratee should remain in the investigative assignment. If ratee is a detective, determine if ratee should retain such designation or have such designation revoked and be reassigned. RATER 6. Audit the investigative time accrued by members assigned to command. 7. Ensure that eighth (8th) and fifteenth (15th) month evaluations are prepared and promptly forwarded for police officers/investigators assigned to the command. 8. Ensure the PERFORMANCE EVALUATION has been finalized. RELATED PROCEDURES Chronic Absence Control Program (P.G. 205-45) Evaluations - General - Members of the Service (P.G. 205-48) Appeal of Evaluation - Uniformed Members of the Service (P.G. 205-58) FORMS AND REPORTS PERFORMANCE EVALUATION DETECTIVES AND POLICE OFFICERS ASSIGNED TO DETECTIVE TRACK COMMANDS (Online Evaluation System) P.G. 205-51 Evaluation Of Police Officers And Detectives Assigned To Non-Investigative Duties Date Effective: 08/01/13 PURPOSE To ensure that each uniformed member of the service in the rank of police officer or detective, who is not assigned to investigative duties, is evaluated at least once each year. PROCEDURE Prior to evaluation period: COMMANDING OFFICER 1. Assign supervisor(s) to evaluate performance of subordinates. RATER (IMMEDIATE SUPERVISOR) 2. Evaluate police officers annually upon completion of their probationary period on form PERFORMANCE EVALUATION POLICE OFFICER - DETECTIVE SPECIALIST (Online Evaluation System). 3. Examine POLICE OFFICERS MONTHLY PERFORMANCE REPORTS (PD439-1414) prepared during the rating period for each police officer being evaluated in enforcement commands. The annual total of quarterly points awarded should conform to the overall evaluation. NOTE: Raters should refer to P.G. 205-57, "Police Officer's Monthly / Quarterly Performance Review and Rating System." 4. Evaluate Detective Specialist, Detective 2nd Grade and Detective 1st Grade not assigned to investigative duties (e.g., Personnel Orders Section, Operations Unit) using form PERFORMANCE EVALUATION POLICE OFFICER - DETECTIVE SPECIALIST (Online Evaluation System). REVIEWER 5. Review and sign PERFORMANCE EVALUATION POLICE OFFICER - DETECTIVE SPECIALIST(Online Evaluation System). RATER 6. Forward completed PERFORMANCE EVALUATIONS via Department Intranet by finalizing the form PERFORMANCE EVALUATION online. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) Police Officer's Monthly/Quarterly Performance Review and Rating System (P.G. 205-57) Appeal of evaluation - Uniformed Members of the Service (P.G. 205-58) FORMS AND REPORTS PERFORMANCE EVALUATION POLICE OFFICER - DETECTIVE SPECIALIST (Online Evaluation System) POLICE OFFICER'S MONTHLY PERFORMANCE REPORT (PD439-1414) P.G. 205-52 Evaluation Of Sergeants/Lieutenants Date Effective: 08/01/13 PURPOSE To ensure that each uniformed member of the service in the rank of sergeant and lieutenant is evaluated at least once each year. PROCEDURE Prior to the scheduled evaluation of uniformed members of the service: RATER 1. Evaluate probationary sergeants on form PERFORMANCE EVALUATION SERGEANT (Online Evaluation System) and probationary lieutenants on form PERFORMANCE EVALUATION LIEUTENANT (Online Evaluation System), two times during their probationary period, at the fourth (4th) and tenth (10th) month. The sixteenth (16th) month evaluation is only required for sergeants and lieutenants whose probation has been extended. NOTE: Raters must conscientiously evaluate probationary sergeants and lieutenants to ensure that members who are unable to satisfactorily perform their duties are identified. Interim evaluations are to be submitted when necessary, (e.g., change in the ratee's performance, etc.). 2. Evaluate sergeants and lieutenants annually upon completion of their probationary period on appropriate PERFORMANCE EVAULATION REPORTS. 3. Confer with commanding officer, when evaluating sergeants or lieutenants assigned as precinct detective squad supervisors/commanders. Record this conferral in the "Overall Rater's Comments" section, noting the precinct commander's overall evaluation of the ratee. REVIEWER 4. Review and sign EVALUATION. RATER 5. Forward completed PERFORMANCE EVALUATIONS via Department Intranet by finalizing the PERFORMANCE EVALUATION online. a. Ensure a signed copy of the PERFORMANCE EVALUATION is printed out for probationary sergeants and probationary lieutenants and forwarded to Probationary Monitoring Unit, One Police Plaza, Room 1000. ADDITIONAL DATA Rater performing evaluation of a precinct detective squad supervisor or commander will confer with the precinct commanding officer to ascertain the commanding officer's overall evaluation of the precinct detective squad supervisor/commander's performance. Conferral with the precinct commanding officer and the precinct commanding officer's overall evaluation will be noted in the RATER COMMENTS section of the precinct detective squad supervisor/commander's annual performance evaluation. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) Appeal of Evaluation - Uniformed Members of the Service (P.G. 205-58) FORMS AND REPORTS PERFORMANCE EVALUATION SERGEANT (Online Evaluation System) PERFORMANCE EVALUATION LIEUTENANT (Online Evaluation System) P.G. 205-53 Evaluation Of Sub-Managerial Civilian Personnel Date Effective: 08/01/13 PURPOSE To ensure that sub-managerial civilian members of the service are evaluated at least once each year. PROCEDURE During the evaluation period: RATER 1. Inform ratee at beginning of evaluation period of principal tasks and standards upon which ratings will be based. NOTE: A list of tasks and standards specific to each civilian title may be obtained from the Employee Management Division's Testing and Research Unit. 2. Record tasks and standards on page 2 of PERFORMANCE EVALUATION - CIVILIAN SUB-MANAGERIAL (PD439-152). 3. Discuss tasks and standards entered on form with ratee. a. Enter date and sign form. b. Give form to ratee for signature. 4. Submit form to reviewer for examination and signature. COMMANDING OFFICER 5. Prepare and forward Typed Letterhead to Assistant Commissioner, Employee Management Division, indicating that all sub-managerial civilian personnel have been interviewed concerning tasks and expected standards of performance. RATER 6. Complete "Actual Performance Section" (page 3) of PERFORMANCE EVALUATION CIVILIAN - SUB-MANAGERIAL at conclusion of rating period. a. Complete appropriate captions on page 1 of form. b. Rater prepares an original and two additional copies. 7. Discuss completed evaluation with ratee. a. Have ratee sign all three copies (this signature does not mean that ratee agrees with evaluation). b. Supply one copy to ratee. 8. Forward original and one copy to reviewer. REVIEWER 9. Examine and sign form. a. After review, forward one copy to commanding officer. b. File remaining copy in ratee's personal folder at command. COMMANDING OFFICER 10. Forward original to Employee Management Division with Typed Letterhead listing members who have been evaluated. ADDITIONAL DATA When a sub-managerial civilian member is transferred, the commanding officer/supervisory head will direct that the PERFORMANCE EVALUATION CIVILIAN - SUB-MANAGERIAL is completed and that the form is forwarded to the Employee Management Division. The ratee will be given a copy of the form. The immediate supervisor in the new command will prepare a new PERFORMANCE EVALUATION - CIVILIAN - SUB-MANAGERIAL listing tasks and standards of the ratee's new assignment. If ratee performs below competent standard in the overall evaluation rating, the commanding officer MUST be the reviewer. Comments on all areas rated BELOW STANDARDS or WELL BELOW STANDARDS and all areas rated ABOVE STANDARDS or WELL ABOVE STANDARDS. If excessive absence, tardiness or poor performance are cited as reasons for a BELOW STADARDS or WELL BELOW STANDARDS rating, include a copy of the appropriate form including: CIVILIAN RECORD OF SUPERVISORY CONFERENCES (SUB-MANAGERIAL) (PD433-1411), CIVILIAN LATENESS/WARNING NOTIFICATION (PD449-122), or CIVILIAN UNSATISFACTORY PERFORMANCE WARNING (PD439-012), when appropriate. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) Appeal of Evaluation - Civilian Member of the Service (P.G. 205-59) FORMS AND REPORTS PERFORMANCE EVALUATION - CIVILIAN - SUB-MANAGERIAL (PD439-152) CIVILIAN RECORD OF SUPERVISORY CONFERENCES (SUB-MANAGERIAL) (PD433-1411) CIVILIAN LATENESS/WARNING NOTIFICATION (PD449-122) CIVILIAN UNSATISFACTORY PERFORMANCE WARNING (PD439-012) Typed Letterhead P.G. 205-54 Evaluation Of Captain Through Deputy Chief Date Effective: 08/01/13 PURPOSE To ensure that each uniformed member of the service in the rank of captain through deputy chief, as well as police surgeons and deputy chief surgeon is evaluated at least once each year. PROCEDURE During the evaluation period: RATER 1. Evaluate probationary captains three times during probationary period, on the 4th, 10th, and 16th month, if necessary, using the PERFORMANCE EVALUATION CAPTAIN (PD439-1518). NOTE: All newly promoted captains are on probation for a period of twelve months unless cause exists to extend such period for an additional six months. Extension of probation beyond twelve months may be authorized on a case-by-case basis. Interim PERFORMANCE EVALUATIONS are to be submitted when necessary (e.g., change in the ratee's performance etc). Raters must conscientiously evaluate probationary captains to ensure that members who are unable to satisfactorily perform their duties are identified. Those members in the rank of captain who are on probation, yet are serving in the capacity of commanding officer, may be rated on PERFORMANCE EVALUATON CAPTAIN THROUGH DEPUTY CHIEF (PD439-1517). The bureau chief concerned will make the determination of which evaluation instrument is best suited to the ratee. 2. Evaluate permanent captains through deputy chiefs, as well as police surgeons and deputy chief surgeons using the PERFORMANCE EVALUATION CAPTAIN THROUGH DEPUTY CHIEF. NOTE: This evaluation instrument is based on a Management By Objectives (MBO) system. This system is flexible, allowing changes to be made to each Key Result Area as circumstances dictate. This allows raters and ratees to better address actual problems and priorities as they arise. 3. Discuss and define five Key Result Areas (KRAs) with the ratee at the beginning of the rating period. 4. Discuss and define the "Performance Expectations" for each KRA and the "Action Plans" by which to attain results. 5. Record the KRAs and "Performance Expectations" on page 2 of the PERFORMANCE EVALUATION CAPTAIN THROUGH DEPUTY CHIEF. 6. Record the actual "Performance Achievements" on the form at the end of the rating period. 7. Discuss and measure the individual's performance during the post-appraisal interview, using the predetermined criteria. REVIEWER 8. Review and sign EVALUATION. RATER 9. Forward a copy of PERFORMANCE EVALUATION CAPTAIN THROUGH DEPUTY CHIEF to Director, Employee Management Division at beginning of rating period (July 1st.). ADDITIONAL DATA Captains assigned as precinct commanders will be rated by patrol borough operations commander and the patrol borough commander will serve as the reviewing officer. Deputy Inspectors and above assigned as precinct commanders will be rated by the patrol borough adjutant and the patrol borough commanding officer will serve as the reviewing officer. Rater will use PERFORMANCE EVALUATION CAPTAIN for captains that are on probation. Rater will use PERFORMANCE EVALUATION CAPTAIN THROUGH DEPUTY CHIEF for all other captain evaluations. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) Appeal of Evaluation - Uniformed Members of the Service (P.G. 205-58) FORMS AND REPORTS PERFORMANCE EVALUATION CAPTAIN THROUGH DEPUTY CHIEF (PD439-1517) PERFORMANCE EVALUATION CAPTAIN (PD439-1518) P.G. 205-55 Evaluation Of Assistant Chiefs And Above/Civilian Managers Date Effective: 08/01/13 PURPOSE To ensure that each uniformed member of the service in the rank of assistant chief and above as well as civilian employees in the management pay plan, is evaluated at least once each year. PROCEDURE During the evaluation period: RATER 1. Discuss key responsibilities and performance expectations with ratee at the beginning of the evaluation period. a. If ratee's immediate supervisor is transferred during the rating period, the newly assigned rater will discuss the previously determined responsibilities and expectations and determine if revisions are required. 2. Record the key responsibilities and performance expectations in section "A" of MANAGERIAL PERFORMANCE EVALUATION (PD439-1521). Assign an importance level to each responsibility. 3. Record in section "B" the relative importance of each of the pre-identified Citywide responsibilities and performance expectations to the ratee's specific position. 4. Forward a copy of MANAGERIAL PERFORMANCE EVALUATION to the Director, Employee Management Division at the beginning of the rating period (January 1st). NOTE: A revision in performance expectations or key responsibilities may be made at any time during the evaluation period. When a revision is made, the ratee must be notified and a new MANAGERIAL PERFORMANCE EVALUATION must be prepared, including a notation identifying the change, signed by both the rater and ratee. 5. Assign ratings to key responsibilities and discuss with ratee at end of rating period. 6. Forward completed MANAGERIAL PERFORMANCE EVALUATION to reviewer. REVIEWER 7. Review, sign and forward completed MANAGERIAL PERFORMANCE EVALUATION to Director, Employee Management Division. COMMANDING OFFICER/SUPERVISORY HEAD 8. Ensure that an evaluation is prepared and forwarded to Director, Employee Management Division if ratee is transferred during rating period. NEW COMMANDING OFFICER/SUPERVISORY HEAD 9. Discuss key responsibilities and performance expectations with ratee and enter on new MANAGERIAL PERFORMANCE EVALUATION. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) Appeal of Evaluation - Uniformed Members of the Service (P.G. 205-58) Appeal of Evaluation - Civilian Member of the Service (P.G. 205-59) FORMS AND REPORTS MANAGERIAL PERFORMANCE EVALUATION (PD439-1521) P.G. 205-56 Police Officer's Annual Evaluation Utilizing The Monthly/Quarterly Performance Review And Rating System Date Effective: 08/01/13 PURPOSE To ensure that the Annual Overall Evaluation rating assigned to a police officer on the annual PERFORMANCE EVALUATION POLICE OFFICER - DETECTIVE SPECIALIST (Online Evaluation System) corresponds to the annual total of quarterly points awarded under the Police Officer's Monthly/Quarterly Performance Review and Rating System. PROCEDURE When preparing annual evaluations of police officers and detective specialists: RATER 1. Examine POLICE OFFICER'S MONTHLY PERFORMANCE REPORTS (PD439-1414) prepared during the rating period for each police officer assigned to patrol duties being evaluated in enforcement commands. NOTE: The POLICE OFFICER'S MONTHLY PERFORMANCE REPORTS and the Monthly/Quarterly Performance Review and Rating System should be the primary basis and documentation for the annual evaluation of police officers. 2. Assign Overall Evaluation using the following chart that illustrates the expected correlation between total annual points earned and the assignment of the annual Overall Evaluation. TOTAL ANNUAL POINTS 60-68 55-59 48-54 40-47 BELOW 40 OVERALL EVALUATION 4.5 TO 5.0 4.0 TO 4.5 3.5 TO 4.0 3.0 2.5 AND BELOW NOTE: In assigning quarterly points during the year, supervisors must expect to avoid any inconsistency between the sum of quarterly points to be totaled at the end of the year for a police officer and the rating designation in the Overall Evaluation category on the PERFORMANCE EVALUATION. REVIEWER 3. Ensure that raters accurately and fairly assign Overall Evaluations and that such Overall Evaluations reflect actual performance as measured by the Monthly / Quarterly Performance Review and Rating System. NOTE: The Monthly Quarterly Performance Review and Rating System, when used properly, will provide an indication of the appropriate Overall Evaluation. There will, however be exceptions to this general rule. When there is a manifest difference between a police officer's annual total of quarterly points and the Overall Evaluation, the rater must explain and justify this imbalance in the Overall Rater's Comments section of the PERFORMANCE EVALUATION. Reviewers must ensure that such discrepancies are justified. If there is no clear explanation, the PERFORMANCE EVALUATION will be rejected by the Employee Management Division and the form will require re-examination at the command level. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) Police Officer's Monthly/Quarterly Performance Review and Rating System (P.G. 205-57) FORMS AND REPORTS POLICE OFFICER'S MONTHLY PERFORMANCE REPORT (PD439-1414) [I.O. 68 s 09] PERFORMANCE EVALUATION POLICE OFFICER - DETECTIVE SPECIALIST (Online Evaluation System) P.G. 205-57 Police Officer's Monthly/Quarterly Performance Review And Rating System Date Effective: 08/01/13 PURPOSE To evaluate the monthly/quarterly performance of police officers/detective specialists assigned to patrol duties, and to identify and reward uniformed members of the service involved in enforcement activity (as defined below) by providing them with up to four career path points on an annual basis. SCOPE The Police Officer's Monthly/Quarterly Performance Review and Rating System, utilizing the POLICE OFFICERS MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT (PD439-1424), measures the performance levels of uniformed members of the service and identifies those members who are performing above standards, competent, and below standards. This procedure also provides direction to address substandard performance. Uniformed members assigned to an enforcement command (e.g., precinct, police service area (PSA), transit district, borough task force, etc.) will be assessed monthly utilizing the POLICE OFFICERS MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT and rated quarterly utilizing the "Supervisor's Quarterly Review" located on the rear of the POLICE OFFICERS MONTHLY CONDITIONS IMPACT MEASURMENT REPORT. Uniformed members with the following assignments will utilize the POLICE OFFICERS MONTHLY CONDITIONS IMPACT MEASURMENT REPORT: a. Foot Patrol b. RMP/Sector c. Anti-Crime d. SNEU e. Community Policing Officer f. Conditions/Details g. Bicycle Patrol Chief of Personnel h. Youth Officer i. Train Patrol j. School Conditions k. Summons Officer l. Homeless Outreach m. Domestic Violence Prevention Officer n. Other assignments as determined by the Uniformed members of the service whose duties do not involve enforcement activity will not prepare the POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASURMENT REPORT unless those members have been temporarily assigned to perform enforcement duty (e.g., "All Out" enforcement, other enforcement/patrol duty, etc.). Such positions include: a. Community Affairs Officer b. Traffic Safety Officer c. Crime Prevention Coordinator d. Auxiliary Police Coordinator e. Planning Officer PROCEDURE When preparing monthly/quarterly performance reviews of police officers and detective specialists utilizing the Police Officer's Monthly/Quarterly Performance Review and Rating System: DESIGNATED SUPERVISOR 1. Access the Quest for Excellence application at the beginning of each month and print the corresponding POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT (PD439-1424) for members assigned to squad/unit. 2. Distribute POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS to members of squad/unit. NOTE: The platoon commander/special operations lieutenant will ensure POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS are printed and distributed to members if the designated supervisor is unavailable. UNIFORMED MEMBER OF THE SERVICE 3. Prepare daily and carry in regulation leather binder POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. 4. Document daily the following on POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT: a. Assignment (e.g., Sector, Patrol Post, Telephone Switchboard Operator, etc.) b. Two identified conditions to be addressed within sector/post assigned NOTE: Uniformed members of the service, in consultation with the patrol supervisor, will utilize the current COMMAND CONDITIONS REPORT in identifying the two primary conditions to be addressed within their assigned sector/post. c. Activity performed. 5. Submit POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT to designated supervisor for review and signature on the seventh, fourteenth, and twenty-first day of every month. DESIGNATED SUPERVISOR 6. Review member's activity and sign POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT following the seventh, fourteenth, and twenty-first day of every month. NOTE: As part of the weekly review, the designated supervisor will compare the member's current monthly activity as it pertains to the member's daily assignment and the two identified conditions to be addressed within the sector(s)/post(s) assigned. The member's ACTIVITY LOG (PD112-145) may also be reviewed if the member has documented additional information ascertained from community interactions, summons issued, arrests made, reports prepared or other actions taken. This review will provide the supervisor with a weekly opportunity to evaluate the uniformed member's performance in proactively addressing sector conditions. The supervisor must indicate to each uniformed member an assessment of the quality and caliber of the officer's efforts. Weekly reviews of the POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT will be conducted by the platoon commander/special operations lieutenant in the absence of the squad/unit sergeant. 7. Return POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT to uniformed member immediately upon review and signature. UNIFORMED MEMBER OF THE SERVICE 8. Complete captions on the rear side of the REPORT indicating the total activity at the end of the month and list any additional comments pertaining to actions taken to address declared conditions. 9. Submit POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT to designated sergeant by the second day of the month for the previous month. a. Submit REPORT prior to leave, or if not possible, without delay upon return to duty if scheduled for vacation or other leave. DESIGNATED SUPERVISOR 10. Review completed POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. 11. Complete "Officer's Impact on Declared Conditions" section on rear of POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. a. Check appropriate box to indicate uniformed member's impact on declared conditions (e.g., ? Effective, ? Ineffective). b. Provided justification as to why uniformed member of the service received an effective rating or ineffective rating. In addition, document failure to address identified conditions by uniformed member. 12. Discuss POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT with uniformed member of the service. a. Make entry in "Discussed with MOS" caption. NOTE: Supervisor should promptly provide direction when a deficiency or the need for improvement is noted upon review of the POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. In cases where a uniformed member's performance fails to address sector conditions, the designated supervisor will notify their platoon commander/special operations lieutenant. The platoon commander/special operations lieutenant, in conjunction with the designated supervisor, will take appropriate steps to improve the police officer's performance. These steps include, but are not limited to, assisting the police officer in identifying the conditions to be addressed, referring the police officer to Performance Enhancement Training or assigning the police officer to work with a supervisor or squad that effectively addresses sector conditions through community interaction, the issuance of summonses, effecting arrests, etc. Failure to utilize effective enforcement strategies will be documented. Supervisors will use available Department data collection resources to verify activity. In addition, arrests, summonses, and STOP, QUESTION AND FRISK REPORTS (PD344-151A), etc. will be verified against Department records. Audits of the Online Booking Arrest System (O.L.B.S.) and the Electronic Summons Tracking System will be conducted by the integrity control officer to ensure the accuracy of entries of the POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. Discrepancies identified will be corrected and addressed in an appropriate manner. 13. Sign POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. 14. Prepare SQUAD SUPERVISOR'S RECAPITULATION (PD439-1418) utilizing the Quest for Excellence application by the fifth day for the previous month. NOTE: Supervisors will be responsible to verify the POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT of each member under their supervision a minimum of once each quarter. Supervisors will note in the "Comments by Squad Supervisor" section of SQUAD SUPERVISOR'S RECAPITULATION, the member(s) of the service verified each month. Lieutenants will monitor sergeants under their supervision to ensure compliance. POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT will be submitted to and reviewed by the designated supervisor each month of the calendar year. The Quarterly Performance Review, which includes the supervisor's quarterly rating for the member, will be completed on a quarterly basis at the beginning of January, April, July and October. The time Period covered will be the previous three months. Squad/detail sergeants will be similarly evaluated by platoon commanders/special operations lieutenants on a quarterly basis utilizing the QUARTERLY ASSESSMENT OF SQUAD SERGEANT (PD439-1425). 15. Deliver completed POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT to platoon commander/special operations lieutenant by the fifth day for the previous month. PLATOON COMMANDER/SPECIAL OPERATIONS LIEUTENANT 16. Review and sign POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. 17. Access the Quest for Excellence application. a. Review and sign-off on SQUAD SUPERVISOR'S RECAPITULATION by the seventh day of the month. 18. Forward completed POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS to operations coordinator by the seventh day following month for which submitted. OPERATIONS COORDINATOR 19. Create a new POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT folder for previous month within the Quest for Excellence application. a. Ensure completed POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS are scanned into the new folder utilizing appropriate command coversheet. COMMANDING OFFICER 20. Log in to Quest for Excellence application and review completed POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS. EACH JANUARY, APRIL, JULY, AND OCTOBER DESIGNATED SUPERVISOR 21. Conduct Supervisor's Quarterly Performance Review on the rear of POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT within seven days following the quarter for which the review is due (January-March, April-June, July-September and October-December). a. Interview member in a private setting and discuss specific activity and overall performance. b. Review activity for all three months of the quarter. c. Note any outstanding action or achievement in "ADDITIONAL COMMENTS" section of the Supervisor's Quarterly Performance Review. Examples of outstanding action or achievement include bribery arrests, pattern robbery arrest or other action, which significantly impacts on crime or issues of community concern. d. Note deficiencies and need for improvement along with direction provided or corrective action taken, if applicable, in the "Additional Comments" section . Include notation if member is designated chronic sick or is the subject of any disciplinary action during the quarter. 22. Complete all applicable sections on reverse side of report, including numerical rating of member's performance. 23. Discuss Supervisor's Quarterly Performance Review with uniformed member if the service. 24. Sign reverse side of POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT. UNIFORMED MEMBER OF THE SERVICE 25. Sign reverse side of POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT acknowledging that the Supervisor's Quarterly Performance Review was discussed. DESIGNATED SUPERVISOR 26. Sign and deliver completed Supervisor's Quarterly Performance Review to platoon commander/special operations lieutenant by the seventh day of the month following the reporting period. NOTE: In cases where a uniformed member's performance fails to address sector conditions, The designated supervisor will notify their platoon commander/special operations lieutenant. The platoon commander/special operations lieutenant, in conjunction with the designated supervisor, will take appropriate steps to improve the police officer's performance as previously indicated. Police officers who are ineffective, who do not demonstrate activity impacting on identified crime and conditions, or who avoid engaging in proactive activity, despite the existence of crime and public safety violations, should be evaluated appropriately and their assignments re-assessed. Continued failure to address sector/post conditions will be documented on an Interim or Annual PERFORMANCE EVALUATION. If after training, mentoring and hands-on instruction, the uniformed member continues to fail in addressing sector/post conditions, the member will be referred to the Employee Management Division's Performance Monitoring Unit for placement in the appropriate level of performance monitoring, transfer, reassignment or other appropriate disciplinary action. Quarterly, each precinct will notify their borough in writing of uniformed members of the service who are under-performing. The boroughs will provide oversight and direction in monitoring and improving their performance. PLATOON COMMANDER/SPECIAL OPERATIONS LIEUTENANT 27. Review Supervisor's Quarterly Performance Review. a. Concur with rater, sign and enter comments; or b. If discrepancy noted between performance and rating, return to rater for re- evaluation and re-interview of ratee. NOTE: Supervisor's Quarterly Performance Review rating points will not be awarded until platoon commander/special operations lieutenant reviews and concurs with rating. Supervisor's Quarterly Performance Review may be appealed to the next higher-ranking supervisor. In all cases, the precinct commander will make the final determination. 28. Sign and deliver Supervisor's Quarterly Performance Review to the operations coordinator by the tenth day of the month following the reporting period. OPERATIONS COORDINATOR 29. Ensure Supervisor's Quarterly Performance Reviews are scanned into the Quest for Excellence application utilizing appropriate command coversheet. PLATOON COMMANDER/SPECIAL OPERATIONS LIEUTENANT 30. Access the Quest for Excellence application and prepare QUARTERLY ASSESSMENT OF SQUAD SERGEANT by the tenth day following the quarter for which the review is due (January-March, April-June, July-September, October-December). a. Note deficiencies and need for improvement along with direction provided or corrective action taken, if applicable, in the "Comments by Lieutenant/SOL/ PLT Commander" section. Include notation if member is designated chronic sick or is the subject of any disciplinary action during the quarter. 31. Complete all applicable sections, including "Overall Rating" of squad supervisor's performance. a. Provide justification as to why squad sergeant was given an effective or ineffective rating. 32. Discuss QUARTERLY ASSESSMENT OF SQUAD SERGEANT with squad/detail supervisor. 33. Sign-off on QUARTERLY ASSESSMENT OF SQUAD SERGEANT. SQUAD/DETAIL SERGEANT 34. Sign-off on QUARTERLY ASSESSMENT OF SQUAD SERGEANT acknowledging that the QUARTERLY ASSESSMENT OF SQUAD SERGEANT was discussed. COMMANDING OFFICER 35. Access the Quest for Excellence application and review Supervisor's Quarterly Performance Reviews and QUARTERLY ASSESSMENT OF SQUAD SERGEANTS. a. Comment and sign-off on QUARTERLY ASSESSMENT OF SQUAD SERGEANTS. 36. Personally conduct Performance Interview for those members who receive a numerical rating below twelve points for any quarter. a. Provide direction and/or take necessary corrective action to improve member's performance b. Inform member that continued unsatisfactory performance will, absent mitigating circumstances, result in the imposition of sanctions by Borough Personnel Review Board c. Record and file results of interview. 37. Forward printed copy of POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT, including Supervisor's Quarterly Performance Review, SQUAD SUPERVISOR'S RECAPITULATION, QUARTERLY ASSESSMENT OF SQUAD SERGEANT and record performance interview of those members who receive a numerical rating below twelve points in any two quarters within a one year period, to the Borough Commander. BOROUGH COMMANDER 38. Direct Borough Personnel Review Board to review all cases of members who receive a rating below twelve points in any two quarters within a one year period. BOROUGH PERSONNEL REVIEW BOARD 39. Review cases and recommend corrective action to be taken. Corrective action may include change of assignment within the command, intraborough or interborough transfer and/or disciplinary action. BOROUGH COMMANDER 40. Review recommendations of Borough Personnel Review Board and make final determination and/or recommendation. a. Endorse recommendation concerning interborough transfer and/or disciplinary action, through channels, to the Chief of Personnel. ADDITIONAL DATA Only those uniformed members of the service who are assigned to a patrol precinct, PSA, transit district or borough task force command or other enforcement units as directed by the Chief of Personnel and primarily perform enforcement duties will be rated according to the Quarterly Performance Review and Rating System; accordingly, only those officers involved in enforcement activity will be eligible to receive up to four additional Career Program points. Members assigned to non-enforcement duties may accrue Career Program Points based upon the guidelines contained in P.G. 205-15, "Police Officer's/Detective Specialist's Career Program." Commanding officers will be responsible for determining performance standards within their respective commands and resolving all issues with their command relative to the Monthly/Quarterly Performance Review and Rating System. Precinct, PSA and transit district commanding officers will also review and direct the conditions to be addressed consistent with applicable crime control strategies and areas of community concern. POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORTS and Quarterly Performance Review and Rating System should be the primary basis and documentation for members' annual evaluation. POLICE OFFICER'S/DETECTIVE SPECIALISTS QUARTERLY PERFORMANCE RATING GUIDELINES 1. Officer Took Initiative In Correcting Conditions. Points: 3 Above Standards 2 Competent 1 Below Standards 2. Officer's Enforcement Activity Addressing Declared Conditions. Points: 3 Above Standards 2 Competent 1 Below Standards 3. Officer Took Appropriate Follow-Up Steps To Properly Address Conditions. Points: 3 Above Standards 2 Competent 1 Below Standards 4. Officer's Administrative Reports Were Accurate. Points: 3 Above Standards 2 Competent 1 Below Standards 5. Officer Related Well During Community Interactions. Points: 3 Above Standards 2 Competent 1 Below Standards 6. Officer Presented An Overall Professional Image. 2 Yes 1 No Supervisor must note achievement/outstanding action in "Additional Comments" section. 7. Additional Comments: These are comments which supervisors must make on member's overall performance. When deficiencies are noted, comments will include directions provided and/or corrective actions taken to improve performance. QUARTERLY PERFORMANCE RATING POINT SYSTEM CATAGORIES IN PERFORMANCE Quarter Annual Officer Took Initiative In Correcting Conditions 3 12 Officer's Enforcement Activity Addressing Declared Conditions 3 12 Officer Took Appropriate Follow-Up Steps To Properly Address Conditions 3 12 Officer's Administrative Reports Were Accurate 3 12 Officer Related Well During Community Interactions 3 12 Officer Presented An Overall Professional Image 2 8 Total 17 Annual Points 60-68 55-59 48-54 40-47 Below 40 Career Points 4 3 2 0 Review QUARTERLY REVIEW INTERVIEW - Process to include: Discussion of current performance Discussion of achievements and/or deficiencies Future Direction Awarding of Quarterly Rating Points 68 RELATED PROCEDURES Police Officer's/Detective Specialist's Career Program (P.G. 205-15) Evaluations - General - Members of the Service (P.G. 205-48) Police Officer's Annual Evaluation Utilizing the Monthly/Quarterly Performance Review and Rating System (P.G. 205-56) FORMS AND REPORTS POLICE OFFICER'S MONTHLY CONDITIONS IMPACT MEASUREMENT REPORT (PD439-1424) SQUAD SUPERVISOR'S RECAPITULATION (PD439-1418) QUARTERLY ASSESSMENT OF SQUAD SERGEANT (PD439-1425) COMMAND CONDITIONS REPORT P.G. 205-58 Appeal Of Evaluation - Uniformed Members Of The Service Date Effective: 08/01/13 Interim Order 41 Issued 07-03-12 Suspends/Replaces Patrol Guide 205-58 PURPOSE To permit a uniformed member of the service in permanent rank to appeal his/her evaluation. SCOPE This procedure does not apply to uniformed members of the service who are in the rank on probation (e.g., entry-level probationary police officers, probationary sergeants, probationary lieutenants or probationary captains). PROCEDURE When a uniformed member in permanent rank wants to appeal a PERFORMANCE EVALUATION: RATER 1. Inform commanding officer. COMMANDING OFFICER 2. Act as initial hearing officer. a. Schedule interview with members concerned (i.e., rater, reviewer and ratee named on PERFORMANCE EVALUATION form), within thirty days of appeal notice. NEXT HIGHER COMMAND 3. Schedule interview and serve as the hearing officer if the commanding officer is the rater on the PERFORMANCE EVALUATION form. COMMANDING OFFICER/ NEXT HIGHER COMMAND 4. Attempt to resolve the appeal. 5. Notify the Employee Management Division, Performance Analysis Section, via Typed Letterhead, within thirty days of the hearing, detailing the outcome of the hearing or whether the member is going to continue the appeal process to the next level. RATEE 6. Submit a report on Typed Letterhead, within thirty days of the hearing, if appeal is NOT RESOLVED at rater/commanding officer/next higher command level, as follows: a. Uniformed members of the service below the rank of captain - Personnel Officer concerned. b. Captains and above - Personnel Officer, Deputy Commissioner, Personnel. PERSONNEL OFFICER CONCERNED 7. Review the matter by interviewing appropriate parties and examining pertinent records. 8. Present findings to Borough/Bureau Commanding Officer or Deputy Commissioner, Personnel. BOROUGH/BUREAU COMMANDING OFFICER/DEPUTY COMMISSIONER, PERSONNEL 9. Evaluate finding presented by personnel officer and render decision. PERSONNEL OFFICER CONCERNED 10. Report decision of Borough/Bureau Commanding Office or Deputy Commissioner, Personnel in triplicate, within thirty days of receipt of Typed Letterhead and interview of parties, as follows: a. ORIGINAL - to reviewer named on evaluation form, who will inform rater and ratee of findings and direct preparation of new evaluation, if necessary. Place a copy of report in ratee's command personnel folder. b. DUPLICATE - to member appealing (i.e., ratee) c. TRIPLICATE - forward to Employee Management Division's Performance Analysis Section for inclusion in ratee's personal folder. ADDITIONAL DATA CAUSE FOR AN APPEAL OF PERFORMANCE EVALUATION A uniformed member of the service in permanent rank has the right to appeal the contents, recommendations or overall rating of his/her performance evaluation, ONLY if cause for appeal stems from: a. Factual error b. Rater's misinterpretation of instructions c. Bias or prejudice on the part of the rater d. PERFORMANCE EVALUATION is completed and based upon OTHER THAN performance factors. A uniformed member of the service has the right to review comments and recommendations made by a reviewer named on the PERFORMANCE EVALUATION form; however, such comments and recommendations are not causes for appeal by the ratee. Such a review by the ratee is for the ratee's informational purposes only. RELATED PROCEDURES Evaluations - General - Members of the Service (P.G. 205-48) FORMS AND REPORTS Typed Letterhead P.G. 205-59 Appeal Of Evaluation - Civilian Date Effective: 08/01/13 MEMBER OF THE SERVICE PURPOSE To permit a civilian member of the service to appeal an evaluation. SCOPE This procedure does not apply to individuals who have not completed their probationary period or have served less than two years in a provisional status. PROCEDURE When a civilian member wants to appeal a performance evaluation: RATER 1. Inform commanding officer. COMMANDING OFFICER 2. Schedule interview with members concerned (rater, reviewer and ratee), within thirty days of appeal notice. NOTE: If the commanding officer is also the rater, the rater's immediate supervisor will schedule the interview and serve as the reviewer. If ratee performs below desirable standard, commanding officer MUST be reviewer. 3. Attempt to resolve appeal. NOTE: If the matter is not resolved after review by the commanding officer, upon the written request of the ratee to the respective bureau/borough personnel officer for further appeal, a review board will be empanelled at the borough or equivalent level. The respective bureau/borough personnel officer will be responsible for convening the review board. The review board must resolve the appeal within thirty days from receipt of the written request for appeal to the respective bureau/borough personnel officer. For Patrol Services Bureau personnel, the review board will consist of: a. Borough personnel officer b. Borough adjutant c. Borough Equal Employment Opportunity (EEO) liaison d. Commanding officer from other than the command of the ratee. For bureaus or divisions other than the above, the review board will consist of: a. Personnel officer b. Bureau executive officer c. EEO liaison d. Division commander from other than the command of the ratee. RATEE 4. Prepare Typed Letterhead, to respective bureau/borough personnel officer requesting further appeal, if appeal is not resolved at the command level, and further review is desired. PERSONNEL OFFICER 5. Convene review board. a. Appeal must be resolved within thirty days of receipt of request for appeal. b. Review board will prepare report in triplicate and forward copies to ratee, rater and Employee Management Division's Performance Analysis Section for inclusion in member's personal folder. NOTE: The determination of the review board may be further appealed to the Police Commissioner or his/her designee for a final determination. RATEE 6. Prepare Typed Letterhead, to the Police Commissioner requesting final review if further appeal beyond the determination of the review board is desired. NOTE: The Police Commissioner or his/her designee will make written notification of the final determination of ratee's appeal. A civilian member of the service has the right to appeal the contents, recommendations or overall rating of his/her performance evaluation, ONLY if cause for appeal stems from: a. Factual error b. Rater's misinterpretation of instructions c. Bias or prejudice on the part of the rater d. Evaluation is based upon OTHER THAN performance factors. A civilian member of the service has the right to review comments and recommendations made by a reviewer; however, such comments and recommendations are not cause for appeal. Such a review is solely for the ratee's informational purposes. RELATED PROCEDURES Evaluation - General - Members of the Service (P.G. 205-48) FORMS AND REPORTS Typed Letterhead P.G. 205-60 Reporting To Department Surgeon And Returning To Duty From Sick Report Date Effective: 08-01-13 PURPOSE To ensure the appropriate procedures are followed when a member of the service reports to the Department surgeon and when the member is directed to return to duty. PROCEDURE When a member of the service has reported sick as per P.G. 205-01, "Reporting Sick," and is not eligible for, or declines Administrative Return: UNIFORMED MEMBER OF THE SERVICE 1. Report to assigned district surgeon at next regular office hours, EXCEPT; a. Member designated Chronic Absent - Category B, will report to the Medical Division, Special Medical District, 1 Lefrak City Plaza, 16th Floor, Corona, New York 11368 at next regular office hours b. Member reporting sick on Friday or Saturday will report to Medical Division, Weekend Surgeon, 1 Lefrak City Plaza, 16th Floor, Corona, New York 11368, at 1000 hours the following day c. Member unable to travel will remain at place of confinement and phone assigned district surgeon or "weekend" surgeon during next office hours d. Member with dental problems will be guided by the Sick Desk supervisor/member regarding reporting requirements. NOTE: Uniformed members of the service are NOT to bring their children to the Department Surgeon's Office, because children and uniformed members of the service present in the waiting room may be susceptible to illness. COMMANDING OFFICER 2. Telephone member's district surgeon, in all cases, if member has been on sick report for five workdays, ascertain estimated dates of return and enter information on ABSENCE AND TARDINESS RECORD (PD433-145). UPON BEING DIRECTED TO RETURN TO DUTY BY A DEPARTMENT SURGEON: UNIFORMED MEMBER OF THE SERVICE 3. Immediately notify desk officer/supervisor, by telephone, of time and date to report for duty. a. Include limitations, if any, on type of duty to be performed. 4. Report for duty when ordered. 5. Deliver SICK REPORT RETURN (PD429-131) and/or ASSIGNMENT TO LIMITED CAPACITY (PD406-050) to desk officer/supervisor upon return to duty. DESK OFFICER/SUPERVISOR 6. Make entry indicating member's return to duty in Telephone Record upon receipt to telephone notification. ADDITIONAL DATA Cooperate with supervisor, regardless of rank, who has been dispatched by competent authority. (e.g.: Commanding Officer-Medical Division, internal Affairs Group, precinct commanding officer or duty captain, etc.) to visit member on sick report, and directs such member to comply with lawful order/instruction (e.g., appear in court, Trial Room, in front of an investigatory unit, etc.) Uniformed members of the service, who have not been classified as chronic absent, or who have not been referred for supervision, and who have any of the following medical conditions, as per the Department surgeon's diagnosis, will NOT be the subject of routine supervisory visits or telephone calls: a. Heart Conditions b. Broken Limbs c. Post surgical convalescence d. Illnesses diagnosed by Department surgeon as likely to be of a duration in excess of six months, after conferral with the Supervising Chief Surgeon e. Pregnancy. A uniformed member of the service on sick report in any of the above categories (subdivisions "a" through "e") may be given a sixteen hour pass. However, should the district surgeon determine that issuance of such a pass would adversely affect the member's health or impede the member's recovery; such pass may be reduced accordingly. Once the pass is issued, it shall not be revoked unless the member: a. Engages in activities which would tend to prolong or aggravate the disability b. Fails to cooperate with a Department surgeon or the Commanding Officer, Medical Division c. Fails to comply with orders or directions or violates any provision of the Patrol Guide relative to sick leave abuse. A uniformed member of the service whose medical condition is NOT listed in the second paragraph of the "ADDITIONAL DATA" statement (subdivisions "a" through "e'), may also be granted permission to leave his/her residence while on sick report for a period of time as determined by the district surgeon. Prior to granting such permission, the surgeon must certify that: a. The member is unable to perform in a limited/restricted duty status b. It will not adversely affect the member's health c. It will not prolong or impede the member's return to duty. The permission granted may be revoked at any time by the Commanding officer, Medical Division, or designee, upon appropriate notice to the member and the district surgeon concerned. In case of serious need or emergency, a uniformed member may request to leave his residence at a time other than that specified by the district surgeon. Such request should be directed to the Sick Desk supervisor. In addition, requests to leave residence to obtain medical services, food, household necessities or church attendance, voting, etc., are routinely granted by the Sick Desk supervisor at times other than that specified by the district surgeon. Permission to leave residence should be denied or revoked only if a violation of the guidelines takes place or if activities requested would hinder recovery. The Sick Desk supervisor shall notify the district surgeon at the next office hours, when such permission is granted, to ensure that leaving residence is not inconsistent with the member's medical condition and/or had not previously been denied by the surgeon. District surgeons are responsible for notifying the Supervising Chief Surgeon and Commanding Officer, Medical Division, of the identities of members granted: a. Non-supervisory privileges b. Permission to leave his/her residence on specific dates and times which will be indicated on PERMISSION TO LEAVE RESIDENCE WHILE ON SICK REPORT (PD429-051), a copy of which will be given to the sick member. A uniformed member of the service on sick report may not leave the confines of the City or residence counties without the approval of the Chief of Personnel. A request for such permission is made through the member's district surgeon on ABSENCE FROM CITY WHILE ON SICK LEAVE (PD429-161). Members will be contacted on a weekly basis by their district surgeon during absence from residence counties. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Chronic Absence Control Program (P.G. 205-45) Pregnancy Leave for Uniformed Members of the Service (P.G. 205-27) Absence Control (A.G. 318-12) Notifying Court, Trial Room or Other Agencies when Member of the Service Report Sick (P.G. 205-61) FORMS AND REPORTS ABSENCE AND TARDINESS RECORD (PD433-145) ASSIGNMENT TO LIMITED CAPACITY (PD406-050) PERMISSION TO LEAVE RESIDENCE WHILE ON SICK REPORT (PD429- 051) SICK REPORT (PD429-122) SICK REPORT RETURN (PD429-131) ABSENCE FROM CITY WHILE ON SICK LEAVE (PD429-161) P.G. 205-61 Notifying Court, Trial Room Or Other Agencies When Member Of The Service Reports Sick Date Effective: 08-01-13 PURPOSE To notify court, Trial Room or other government agency when a member of the service reports sick and is unable to attend a pending arraignment or scheduled appearance. PROCEDURE When illness, injury or any other physical/psychological condition prevents the performance of duty and the member of the service has a pending arraignment, or scheduled appearance in court, the Trial Room, or any other governmental agency: UNIFORMED MEMBER OF THE SERVICE 1. Comply with P.G. 205-01, "Reporting Sick." 2. Inform desk officer/supervisor at assigned command of any pending arraignment, or scheduled appearance in court, the Trial Room, or any other government agency when reporting sick. DESK OFFICER/SUPERVISOR 3. Make entry in Command Diary of any scheduled court appearance or other agency appearance, under date of scheduled appearance AND under date two days prior to appearance date (exclusive of Saturday, Sunday or holidays). 4. Notify borough court section concerned if sick member is unable to appear for pending arraignment. ROLL CALL CLERK 5. Notify the court or other agency concerned immediately of the member of the service's inability to attend due to being on sick report. WHEN MEMBER OF THE SERVICE IS ON SICK REPORT OPERATIONS COORDINATOR/PRINCIPAL ADMINISTRATIVE ASSOCIATE 6. Telephone district surgeon to determine if member is capable of appearing at scheduled court appearance when member remains on sick report two days prior to such scheduled appearance. 7. Notify member to appear if district surgeon approves and telephone Sick Desk of surgeon's determination. ROLL CALL CLERK 8. Notify Criminal Court, Trial Room or other government agency and request adjournment two days before appearance date, if member is unable to appear. NOTE: If member reports sick on a scheduled appearance date, make immediate notification to court or other agency concerned. 9. Notify the court, if other than Criminal Court, on the morning of the appearance date if the member is unable to appear. 10. Enter notifications to district surgeons, courts, etc., regarding scheduled appearances of members on sick leave in Telephone Record. NOTE: A uniformed member on sick report whose condition changes after being directed to appear in court or before another agency, thereby preventing a scheduled appearance, will notify the roll call clerk or desk officer/supervisor, as appropriate. The roll call clerk/desk officer/supervisor will make required notifications. RELATED PROCEDURES Reporting Sick (P.G. 205-01) Reporting to Department Surgeon and Returning to Duty from Sick Report (P.G. 205-60) P.G. 205-62 Firearms Proficiency Requirement Date Effective: 08-01-13 PURPOSE To ensure that uniformed members demonstrate and maintain minimum proficiency in the use of firearms. SCOPE This procedure will apply when a uniformed member, who claims to be medically and/or psychologically unable to use firearms, is deemed fit for full duty by the Medical Division. PROCEDURE Upon being deemed fit for full duty assignment: UNIFORMED MEMBER OF THE SERVICE 1. Report as directed by Commanding Officer, Medical Division to the Firearms and Tactics Section for firearms qualification. 2. Demonstrate proficiency by achieving the Department's standard passing score. UPON FAILURE OF UNIFORMED MEMBER OF THE SERVICE TO QUALIFY WITH FIREARM(S) SUPERVISOR, FIREARMS AND TACTICS SECTION 3. Notify Absence Control and Investigations Unit (ACIU) immediately. 4. Fax FIREARMS SCORE SHEET (PD124-141) to ACIU. SUPERVISOR, ABSENCE CONTROL AND INVESTIGATIONS UNIT 5. Direct uniformed member of the service concerned to report to medical specialist designated by the Medical Division for examination. 6. Maintain appropriate records of notification and the results of said examination. 7. Request member to complete Notice of Failure to Qualify with Firearms. 8. Witness signature of member on Notice. a. Retain original for unit file. b. Provide member concerned with copy. 9. Advise member of the availability of remedial firearms training. NOTE: Uniformed members must demonstrate and maintain minimum proficiency in the use of firearms. The Department's policy is that minimum proficiency is a condition of employment for uniformed members. Members failing to qualify within ninety days of signing the Notice of Failure to Qualify With Firearms will receive CHARGES AND SPECIFICATIONS (PD468-121) and face administrative hearing under Section 75 of the New York State Civil Service Law, "Removal and Other Disciplinary Action." Members found to be incompetent after an administrative hearing will be removed from the Department. IF MEMBER HAS NOT QUALIFIED WITH IN 90 DAYS OF NOTICE SUPERVIOR, ABSENCE CONTROL AND INVESTIGATIONS UNIT 10. Consult with Department Advocate's Office. 11. Comply with P.G. 206-05, "Preparation of Charges and Specifications" as appropriate. NOTE: Members of the service are reminded that existing Department programs provide one hundred rounds of ammunition and the use of a Department firearms range for practice. Members are also reminded that it is their responsibility to take corrective action on their own time and at their own expense. Instruction is available through the Firearms and Tactics Section by appointment. Members may call 718-885-2500 to arrange for training. Commands will photocopy and utilize the Notice of Failure to Qualify With Firearms, depicted in Appendix "A", as necessary. (Figure 46) P.G. 205-63 Monitoring Off-Duty Visits To Inmates At Correctional Facilities By Members Of The Service Date Effective: 08-01-13 PURPOSE To provide a system to monitor visits by members of the service to city, state, or federal correctional facilities. PROCEDURE When a member of the service intends to visit an inmate at a correctional facility while off-duty: MEMBER OF THE SERVICE 1. Prepare Typed Letterhead with the following information and forward to commanding officer at least seven days prior to the intended visit: a. Name, rank, shield and tax registry numbers b. Name and I.D. number of inmate to be visited c. Relationship of inmate to member of the service d. Place of incarceration; (include full facility name, address and phone number) e. Date and time of proposed visit f. Packages to be brought to facility. NOTE: A separate notification must be made for each visit. COMMANDING OFFICER 2. Notify IAB, Command Center of details. 3. Approve/disapprove request. 4. Notify member of determination. 5. Forward copy of request to Chief of Internal Affairs Bureau. a. File copy of request in member's personal folder. ADDITIONAL DATA Members of the service shall cooperate fully with all rules and procedures of the correctional facility concerned regarding securing weapons, visitor searches, sign-in/sign-out practices etc. RELATED PROCEDURES Public Contact - Prohibited Conduct (P.G. 203-10) FORMS AND REPORTS Typed Letterhead Disciplinary Matters P.G. 206-01 Reporting Violations Observed By Supervisors Date Effective: 08/01/13 PURPOSE To report violations observed by supervisory officers to commanding/executive officers for corrective action. PROCEDURE Upon observing or becoming aware of a violation of the rules or procedures by a member of the service: SUPERVISORY MEMBER 1. Prepare SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123). 2. Notify desk officer of member's command and obtain next serial number from the COMMAND DISCIPLINE LOG (PD468-102). a. Serial numbers commence with number one each year. DESK OFFICER 3. Make required entries in COMMAND DISCIPLINE LOG. SUPERVISORY MEMBER 4. Submit REPORT to the commanding officer of the subject member. 5. Provide copy of REPORT to commanding officer for information and file if subject member is from different command. ADDITIONAL DATA Personnel assigned to the Department Advocate's Office are available to advise commanding/executive officers concerning command discipline charges. RELATED PROCEDURES Violations Subject To Command Discipline (P.G. 206-03) Command Discipline (P.G. 206-02) Authorized Penalties Under Command Discipline (P.G. 206-04) Preparation Of Charges And Specifications (P.G. 206-05) FORMS AND REPORTS COMMAND DISCIPLINE LOG (PD468-102) SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) P.G. 206-02 Command Discipline Date Effective: 10-18-13 PURPOSE To empower a commanding/executive officer to maintain discipline within his/her command, without resorting to formal charges and a Department trial. DEFINITION COMMAND DISCIPLINE - Non-judicial punishment available to a commanding/ executive officer to correct deficiencies and maintain discipline within the command. PROCEDURE Upon receiving a SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) concerning a member of the service (uniformed or civilian) assigned to his/her command: COMMANDING/ EXECUTIVE OFFICER 1. Investigate to determine if allegation is substantiated. a. Direct integrity control officer to investigate subject's prior twelve month disciplinary history and indicate findings on the front of SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT. b. Consider subject's prior twelve month disciplinary history when adjudicating a command discipline. 2. Indicate findings on REPORT, if allegation is not substantiated and: a. For actions described in violations subject to command discipline procedure Schedule "A": (1) File the report in back of Command Discipline Log after recording disposition. b. For actions described in violations subject to command discipline procedure Schedule "B": (1) File original in back of Command Discipline Log (2) Forward copy to next higher command for informational purposes. 3. Determine if the violations, when substantiated, may be disposed of under command discipline. 4. Confer with supervisor who prepared REPORT, if necessary. 5. Schedule interview, if possible, with member concerned on a date when supervisor who prepared REPORT is available. 6. Advise member that one local representative of a line organization may be present at the interview. 7. Inform member of alleged violations and conduct interview. a. Do not record minutes. b. Interview will be informal and non-adversarial. 8. Give member an opportunity to make a statement in rebuttal. 9. Conduct further investigation, if necessary. 10. Inform supervisor who prepared REPORT of the results of the investigation and any proposed penalty. 11. Inform member of results of investigation and any penalty. 12. Advise member that he/she is entitled to: a. Accept finding and proposed penalty, or b. Accept finding but appeal proposed penalty to Command Discipline Review Panel, or c. Decline to accept the finding and proposed penalty and have the matter resolved through formal charges and specifications. 13. Inform the member that the decision of the Command Discipline Review Panel is final and not subject to review, and that the Panel has the authority to: a. Approve proposed penalty, or b. Reduce proposed penalty to any corrective measure the commanding officer was authorized to impose, or c. Increase proposed penalty to not more than double that proposed by the commanding officer. 14. Give member copy of REPORT at close of interview. NOTE: Absent exigent circumstances (for example: extended sick, leave of absence, etc.,) the commanding/executive officer shall ensure that the above steps are completed within sixty days of the date of issuance. UNIFORMED MEMBER OF THE SERVICE 15. Notify commanding officer, in writing, on REPORT of the option elected within three working days of the commanding/executive officer's decision. IF MEMBER ACCEPTS FINDINGS AND PROPOSED PENALTY COMMANDING OFFICER 16. Enter disposition on REPORT and ensure that timekeeper makes and verifies adjustments made to member's time records with Payroll Management System, as necessary. 17. File REPORT in command. 18. In all cases where a Schedule "B" command discipline has been substantiated and disposed of, forward a copy of the REPORT to the Department Advocate's Office and the Disciplinary Assessment Unit, through channels. IF MEMBER ACCEPTS FINDINGS AND DECLINES PROPOSED PENALTY COMMANDING/ EXECUTIVE OFFICER 19. Enter disposition on REPORT. 20. Forward to the next higher command, the REPORT, and facts of incident on Typed Letterhead with member's disciplinary history. NEXT HIGHER COMMAND 21. Assemble a Command Discipline Review Panel and adjudicate the matter, if necessary. a. Inform the member's commanding officer of the findings relative to the penalty. COMMANDING/ EXECUTIVE OFFICER 22. Forward a copy of the REPORT and a copy of the Panel's decision to the Department Advocate's Office and the Disciplinary Assessment Unit, for all Schedule "B" violations. IF MEMBER ELECTS FORMAL CHARGES 23. Enter disposition on REPORT and file. 24. Confer with the Department Advocate's Office regarding the preparation of charges and specifications. DEPARTMENT ADVOCATE'S OFFICE 25. Prepare and forward CHARGES AND SPECIFICATIONS (PD468- 121), after conferral with the commanding officer/executive officer, if appropriate. 26. Record all substantiated Schedule "B" command disciplines in member's Central Personnel Index. COMMANDING/EXECUTIVE OFFICER WHEN A SUBSTANTIATED COMMAND DISCIPLINE IS RENDERED AS A RESULT OF AN INTERNAL AFFAIRS BUREAU OR ANY OTHER INVESTIGTATIVE UNIT'S INVESTIGATION: 27. Comply with the provisions of P.G. 206-04, "Authorized Penalties Under Command Discipline" and offer member concerned the three election options found in step "12" above. a. An investigation of the stated misconduct or determination of whether the allegation(s) are substantiated is NOT required b. Do NOT change the stated findings c. Do NOT change the recommended disciplinary action (if noted), without conferral and approval of the investigating entity and/or Deputy Commissioner, Department Advocate. NOTE: The ICO/Asst. ICO/other authorized member is required to create a new command discipline record for each command discipline issued by entering all relevant information into the Citywide Command Discipline System within five working days of the issuance of a command discipline. Within five working days of the adjudication of a command discipline, the ICO/Asst. ICO/other authorized member shall complete all system entries pertaining to the adjudication of the command discipline. Within five working days of the completion of the adjudication entries by the ICO/Asst. ICO/other authorized member, the Commanding Officer/ Executive Officer shall be responsible to review the command discipline record and finalize (sign-off) the record in the Citywide Command Discipline System to verify that it is accurate and complete. ICOs and Assistant ICOs who do not have access to the Department's Wide Area Network (WAN) must personally enter command discipline data pertaining to members of their command at their next higher command that possesses WAN access. ADDITIONAL DATA If the subject of command discipline is transferred, the commanding/executive officer of the former command is responsible for the completion of the case. All relevant records shall be forwarded to the member's new commanding officer. If the commanding/executive officer is transferred, the new commanding / executive officer will complete the case. Remove and destroy records and dispositions of convictions listed under Schedule "A" on the anniversary date of each entry, provided the member has no subsequent disciplinary violations. Additionally, remove and destroy all unsubstantiated command disciplines from the Command Discipline Log on the anniversary date of entry. RELATED PROCEDURES Reporting Violations Observed by Supervisors (P.G. 206-01) Violations Subject to Command Discipline (P.G. 206-03) Authorized Penalties Under Command Discipline (P.G. 206-04) Preparation of Charges and Specifications (P.G. 206-05) Sealing Disciplinary Records (P.G. 206-14) Review of Disciplinary Action Proposed Under Command Discipline (A.G. 318-05) FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) COMMAND DISCIPLINE LOG (PD468-102) SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) P.G. 206-03 Violations Subject To Command Discipline Date Effective: 08/01/13 PURPOSE To inform members of the service (uniformed and civilian) of the violations of Department regulations which may be adjudicated by command discipline. PROCEDURE When any of the following violations are brought to the attention of a commanding/executive officer, the commanding/executive officer concerned may initiate command discipline: SCHEDULE "A" VIOLATIONS 1. Absence from meal location, post or assignment 2. Failure to sign return roll call 3. Failure to signal or signal improperly 4. Improper uniform or equipment 5. Failure to maintain neat and clean personal appearance 6. Omitted entries in Department records, forms or reports 7. Failure to submit reports in a timely manner 8. Failure to make proper notifications 9. Smoking as prohibited 10. Unnecessary conversation 11. Failure to lock an unguarded Department vehicle 12. Loss of IDENTIFICATION CARD (PD416-091) 13. Reporting late for duty 14. Carrying packages, newspapers or other articles as prohibited while in uniform or Department vehicle 15. Failure to notify supervising officer when leaving post for Department or personal necessity 16. Failure to make routine inspections and surveys as required 17. Unauthorized person riding in Department vehicle 18. Failure to notify commanding officer when address, telephone number, or social condition changes 19. Using any electrical/digital device (e.g., personal gaming device, MP3 player, personal digital assistant, Bluetooth headset, etc.) while on duty NOTE: A cellular phone is authorized to be used by members of the service when conducting official Department related business, or on an assigned meal, or as otherwise authorized by competent authority. The cellular phone must be carried in a concealed manner that does not interfere with authorized equipment. 20. Loss of summons or loss of summons book 21. Failure to have locker secured or properly tagged 22. Failure to sign in or out of court 23. Failure to perform duties in connection with court appearances 24. Failure to properly perform or improperly perform patrol or other assignment 25. Failure to present required firearms to the range officer at firearms training cycle 26. Obvious neglect of care of firearm(s) 27. Failure to attend a training cycle (firearms included) 28. Failure to maintain live, authorized ammunition in authorized weapons (includes having the required maximum amount of ammunition in the weapon) 29. Illegal parking of Department or private vehicle(s) 30. Use or display of Parking Permit (Misc. (Misc.814HQ-Annex) or off duty or while not Vehicle Identification Plate (Misc.740), NYPD Restricted 23-N), Headquarters Annex Parking Permit any other Department issued vehicle parking permit while on official Department business. a. Failure to return any Department issued vehicle parking permit when assigned to the Military and Extended Leave Desk, when transferred or when permit expires. 31. Failure to make a timely notification to the Sick Desk and command, as required 32. Failure to comply with proper driving rules and regulations 33. Unauthorized use of Department telephones 34. Any other minor violation that, in the opinion of the commanding/executive officer is appropriate for Schedule A command discipline procedure. SCHEDULE "B" VIOLATIONS 1. Loss of shield 2. Failure to safeguard prisoner 3. Loss of Department property 4. Failure to respond, report disposition promptly or acknowledge radio calls directed to member's unit 5. Bringing alcoholic beverages into a Department facility or vehicle unless it is within the scope of an assignment 6. Omitted ACTIVITY LOG (PD112-145) entries [I.O. 16 s 11] 7. Loss of Activity Log 8. Failure to give name and shield number to person requesting 9. Any other violation, which, in the opinion of the commanding/executive officer and after notification to the patrol borough adjutant and consultation with the Department Advocate, is appropriate for Schedule "B" command discipline procedure. ADDITIONAL DATA The above violations may not be processed as command discipline if the violation is aggravated by conditions that make it inappropriate for disposition by command discipline or if member concerned requests a Department trial. The Department Advocate's Office is available to provide field commanders or internal investigation units with advice concerning charges and specifications, command disciplines, suspensions, and/or arrests of members of the service (uniformed or civilian). When it has been determined that disciplinary action should be taken for the loss of or failure to safeguard a firearm, a consultation with the Department Advocate's Office will be made to determine appropriate disciplinary action. A commanding/executive officer must confer with the borough adjutant, prior to adjudicating a third command discipline for the same member within a six month period, to determine if charges and specifications should be instituted. If charges are appropriate, a consultation with the Department Advocate will be necessary for final approval of charges and specifications. Borough adjutant will inspect command discipline records to ascertain that the above procedures are complied with. RELATED PROCEDURES Reporting Violations Observed By Supervisors (P.G. 206-01) Command Discipline (P.G. 206-02) Authorized Penalties Under Command Discipline (P.G. 206-04) Preparation Of Charges And Specifications (P.G. 206-05) Service And Disposition Of Charges And Specifications (P.G. 206-06) Sealing Disciplinary Records (P.G. 206-14) FORMS AND REPORTS ACTIVITY LOG (PD112-145) IDENTIFICATION CARD (PD416-091) P.G. 206-04 Authorized Penalties Under Command Discipline Date Effective: 08-01-13 PURPOSE To inform members of the service (uniformed and civilian) of the penalties a commanding/executive officer may impose under command discipline. PROCEDURE When a command discipline allegation is substantiated: COMMANDING/EXECUTIVE OFFICER 1. Impose one of the following penalties: a. Forfeiture of up to five days vacation or accrued time for Schedule "A" violations. b. Forfeiture of up to ten days vacation or accrued time for Schedule "B" violations. c. Revocation of permission to engage in outside employment for a fixed period of time, not to exceed thirty days, if the violation is related to the outside employment. d. Restrict out-of-command assignments, which pay "portal-to-portal" and overtime for a fixed period, not to exceed five such assignments. NOTE: The above penalties DO NOT prohibit a commanding/executive officer from: a. Warning and admonishing verbally b. Warning and admonishing in writing, copy to be filed with the papers c. Changing assignment within the command either for a fixed period or indefinitely. ADDITIONAL DATA In all cases where a Schedule "B" command discipline has been substantiated and disposed of, forward a copy of the SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) to the Department Advocate's Office and the Disciplinary Assessment Unit, through channels. RELATED PROCEDURE Command Discipline (P.G. 206-02) FORMS AND REPORTS SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) P.G. 206-05 Preparation Of Charges And Specifications Date Effective: 11-21-13 PURPOSE To ensure that CHARGES AND SPECIFICATIONS (PD468-121) and related papers are prepared expeditiously, accurately, and completely. PROCEDURE When a violation is inappropriate for command discipline or when command discipline is declined: COMMANDING OFFICER/SUPERVISOR PREFERRING CHARGES 1. Direct assigned supervisor/investigator to consult with the Department Advocate's Office regarding the alleged misconduct and obtain verbal approval for the preparation of CHARGES AND SPECIFICATIONS. a. Provide written documentation, files, investigative reports, and/or additional information supporting the basis for charges and specifications, upon request. 2. Provide the Department Advocate's Office with two copies of the investigative files that the charges and specifications are to be based on period. a. Provide any other additional documentation and/or reports that are requested by the Department Advocate's Office. 3. Provide the Department Advocate's Office with a request for charges and specifications on a Typed Letterhead, addressed to the First Deputy Commissioner, describing the basis for all charges and specifications a. Include the following: (1) Original Internal Affairs Bureau log number (2) Duty schedule of complainant and respondent (3) Name of attorney consulted with from Department Advocate's Office. DEPARTMENT ADVOCATE'S OFFICE 4. Review case and determine if CHARGES AND SPECIFICATIONS should be prepared. 5. Direct the preparation of an original set of CHARGES AND SPECIFICATIONS, if approved. a. Base charges and specifications on criminal indictment or information, if any, arising out of the same subject matter. If criminal charges are dismissed or result in acquittal, consult with the commanding officer, if necessary. (1) Date/stamp CHARGES AND SPECIFICATIONS. (2) Enter Department Advocate's Office serial number on the CHARGES AND SPECIFICATIONS. (3) Forward CHARGES AND SPECIFICATIONS to commanding officer of the originating command along with original Typed Letterhead. AFTER CHARGES AND SPECIFICATIONS HAVE BEEN APPROVED COMMANDING OFFICER/SUPERVISOR PREFERRING CHARGES 6. Review CHARGES AND SPECIFICATIONS for accuracy. 7. Telephone the Internal Affairs Bureau Command Center to obtain a new log number for each member receiving charges and specifications and enter on CHARGES AND SPECIFICATIONS. 8. Obtain a bureau/command serial number if applicable and enter on CHARGES AND SPECIFICATIONS. 9. Advise respondent that he/she is the subject of charges and specifications. a. Obtain the name, address and telephone number of the respondent's attorney and provide it to the Department Advocate's Office. 10. Have member of the service preferring charges and specifications sign the original CHARGES AND SPECIFICATIONS. 11. Date stamp and forward original CHARGES AND SPECIFICATIONS and original Typed Letterhead to the next higher command within forty-eight hours. WITHIN THREE BUSINESS DAYS OF RECEIPT OF CHARGES AND SPECIFICATIONS COMMANDING OFFICER, NEXT HIGHER COMMAND 12. Endorse the original set of CHARGES AND SPECIFICATIONS. 13. Date stamp and forward the original set of CHARGES AND SPECIFICATIONS and Typed Letterhead to the Department Advocate's Office. 14. Forward copy of CHARGES AND SPECIFICATIONS to: a. Deputy Commissioner, Personnel b. Respondent's command c. Originating command. 15. Retain copy of CHARGES AND SPECIFICATIONS. UPON RECEIPT OF CHARGES AND SPECIFICATIONS FROM BOROUGH COMMANDER/COUNTERPART DEPARTMENT ADVOCATE'S OFFICE 16. Review for completeness and date stamp. 17. Ensure assigned attorney completes review and assessment of the CHARGES AND SPECIFICATIONS in a timely manner. ADDITIONAL DATA DEPARTMENT ADVOCATE'S OFFICE - PREPARATION OF CHARGES AND SPECIFICATIONS The member assigned to the Department Advocate's Office preparing the CHARGES AND SPECIFICATIONS will indicate in the box captioned "RANK/TITLE," the appropriate status, e.g., "Probationary Police Officer" or "Provisional Office Aide," etc. The member's rank/title will also be indicated under the caption "SPECIFICATIONS," when making reference to the member, e.g., "Said Probationary Police Officer Smith," etc. Additionally, if charges are preferred against a member who has been placed on dismissal probation, the specifications will be prefaced with the words, "While on dismissal probation." The Department Advocate's Office shall ensure that a sufficient legal basis exists for each charge and specification approved and that all necessary steps associated with the investigation have been completed. In appropriate cases, the Department Advocate's Office may direct the issuance of a command discipline in lieu of charges and specifications. Commanding officers are directed to fully complete the COMMANDING OFFICER'S REVIEW OF MOS INVOLVED IN A DISCIPLINARY MATTER (PD468-153), relating to evaluation and whether or not member is on disciplinary or dismissal probation. This form must be completed and forwarded within five days of receipt to the Department Advocate's Office. CHARGES AND SPECIFICATIONS AGAINST SUSPENDED MEMBER When a member of the service has been suspended, the report on Typed Letterhead prepared by the commanding officer/supervisor preferring charges must be forwarded to the Department Advocate's Office within forty-eight hours of suspension. When a member of the service has been suspended, the Department Advocate's Office will forward the completed CHARGES AND SPECIFICATIONS to the requesting supervisor within two business days from the time the request for charges is received. RELATED PROCEDURES Service and Disposition of Charges and Specifications (P.G. 206-06) Cause for Suspension or Modified Assignment (P.G. 206-07) Suspension from Duty Uniformed Member of the Service (P.G. 206-08) Official Communications - Preparation (A.G. 322-11) FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) COMMANDING OFFICER'S REVIEW OF MOS INVOLVED IN A DISCIPLINARY MATTER (PD468-153) Typed Letterhead P.G. 206-06 Service And Disposition Of Charges And Specifications Date Effective: 08/01/13 PURPOSE To ensure that the formal disciplinary process is commenced (service of charges and specifications) and concluded (disposition of charges and specifications) in a coordinated, timely and efficient manner. PROCEDURE Upon receipt of CHARGES AND SPECIFICATIONS (PD468-121) from the borough commander/next higher command: COMMANDING OFFICER, DEPARTMENT ADVOCATE'S OFFICE 1. Forward copy of CHARGES AND SPECIFICATIONS to respondent's attorney within two weeks along with the underlying explanatory memorandum prepared by the supervisor/investigator preferring the charges and specifications. NOTE: CHARGES AND SPECIFICATIONS will be served upon a suspended member of the service expeditiously. (Exception may be made, with the approval of the First Deputy Commissioner, when extenuating circumstances exist). A suspended probationary member of the service will not be served, except as directed by the First Deputy Commissioner. 2. Serve original and copy of CHARGES AND SPECIFICATIONS upon member of the service. a. If personal service cannot be made, see "ADDITIONAL DATA" below. NOTE: Absent exigent circumstances, service of charges and specifications shall be within six weeks after receipt by the Department Advocate's Office. However, in disciplinary cases where the statute of limitations and/or other matters require expeditious attention, the Department Advocate's Office will have the authority to direct whatever actions are deemed necessary to effectuate the timely service of charges and specifications. RESPONDENT 3. Sign and return the original copy to the person serving the CHARGES AND SPECIFICATIONS. 4. Have available and provide to Department Advocate's Office personnel: a. Chart/squad, vacation and military schedule, and b. Any other leave/absences. (1) Advise the Department Advocate's Office of any changes of the aforementioned. 5. Retain copy of CHARGES AND SPECIFICATIONS. MEMBER CONCERNED, DEPARTMENT ADVOCATE'S OFFICE 6. Sign original copy of CHARGES AND SPECIFICATIONS as a witness. COMMANDING OFFICER, DEPARTMENT ADVOCATE'S OFFICE 7. Provide the respondent with an opportunity to accept a penalty disposition in disciplinary case(s), when appropriate. NOTE: The Department Advocate will confer regularly with the First Deputy Commissioner concerning the Department's disciplinary policy. 8. Schedule Department trial date the day of service of CHARGES AND SPECIFICATIONS, when disciplinary case(s) are not otherwise disposed of, absent exigent circumstances. NOTE: When Department charges and specifications relate to outstanding criminal charges, the disciplinary case may only be set for trial or otherwise disposed of with the prior approval of the First Deputy Commissioner. DEPARTMENT ADVOCATE 9. Ensure that all disciplinary decisions are accurately and promptly recorded. 10. Review all disciplinary cases for trends or patterns and policy implications. a. Make periodic recommendations to the First Deputy Commissioner. ADDITIONAL DATA If personal service of the CHARGES cannot be made, service may be effected: a. By mailing the CHARGES AND SPECIFICATIONS to the person to be served at his last known residence by registered or certified mail, return receipt requested, OR delivering the CHARGES AND SPECIFICATIONS to a person of suitable age and discretion at his place of business, dwelling or usual place of abode of the person to be served. Proof of service will be filed with the Deputy Commissioner - Trials or the Commanding Officer, Operations Unit. (1) Service is complete three days after filing. b. By delivering a copy of the CHARGES AND SPECIFICATIONS to the agent of the person to be served. c. Where service under subdivisions "a" and "b" cannot be made, affix CHARGES AND SPECIFICATIONS either to the door of the actual place of business, dwelling or usual place of abode, of the person to be served and by mailing (registered or certified, return receipt requested) the CHARGES AND SPECIFICATIONS to the person at his last known residence. (1) Proof of such service will be filed with the Deputy Commissioner Trials or the Commanding Officer, Operations Unit. (2) Service is complete three days after filing. d. In such manner as the Deputy Commissioner-Trials directs, upon motion without notice, if service is impractical under subdivisions "a," "b" or "c." RELATED PROCEDURE Preparation Of Charges And Specifications (P.G. 206-05) FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) P.G. 206-07 Cause For Suspension Or Modified Assignment Date Effective: 08/01/13 PURPOSE To describe those actions for which uniformed or civilian members of the service may be suspended or, for which uniformed members of the service may be placed on modified assignment. NOTE: Civilian members of the service may NOT be placed on modified assignment. 1. The Police Commissioner, a deputy commissioner, a hearing officer assigned to the Office of Deputy Commissioner - Trials, the Chief Surgeon, Deputy Chief Surgeon, a civilian director, or a uniformed member of the service in the rank of captain or higher may suspend a member of the service (uniformed or civilian) or place a uniformed member of the service on modified assignment when, in their opinion, such action is necessary. 2. A ranking officer (uniformed member of the service in rank of sergeant or above) in-charge or in-command MUST SUSPEND a member of the service when the member: a. Refuses to perform assigned duties at roll call or during tour of duty b. Refuses an order of a ranking member to answer question specifically directed and narrowly related to the performance of official duties, after being informed of member's rights as specified in P.G. 206-13, "Interrogation Of Members Of The Service" c. Is absent without leave for five consecutive tours d. Refuses to obey a lawful order by a ranking member e. Refuses to submit to a drug-screening test f. Has an interest in, or association with, or patronizes premises (licensed or unlicensed) engaged in illegal gambling operations, use of drugs, smoke shops, social clubs, or after hours clubs, except in the performance of duty. NOTE: Traffic Managers and Administrative School Safety Managers are authorized to suspend civilian personnel under their command for violations listed in step 2 above. (The principal of the school where the school safety agent is assigned will be notified of the suspension). Suspension by a ranking officer, by a Traffic Manager or an Administrative School Safety Manager, other than a captain and above, is by authority of the First Deputy Commissioner. Prior conferral or approval of the First Deputy Commissioner is NOT required. 3. A captain or above may place a uniformed member of the service on modified assignment or suspension when a member: a. Is indicted by a grand jury b. Is arrested c. Is served with CHARGES AND SPECIFICATIONS (PD468-121), alleging serious misconduct d. Is unfit for duty due to the effects of an intoxicant or drug or after effects thereof e. Patronizes an unlicensed premises (neighborhood tavern or restaurant with an expired/suspended license) where the only apparent illegal activity is the sale of alcoholic beverages, except in the performance of duty. NOTE: A member of the service (uniformed or civilian) presently on suspension, or a uniformed member of the service on modified assignment pursuant to either steps 2 or 3 above, MUST be re-suspended or suspended, as applicable, for any subsequent violation of the subject steps. ADDITIONAL DATA In all cases in which the investigating commanding officer/duty captain is contemplating changing the duty status of a member of the service (i.e., suspension, modification or restricted duty pending evaluation of duty status), he/she should confer with the Internal Affairs Bureau Command Center to ascertain any relevant information pertaining to the member(s) of the service, PRIOR to making this decision. This conferral is to obtain background information that may assist in the investigation. All decisions regarding the investigation, as well as any resulting determination regarding the member's duty status, remain the responsibility of the commanding officer/duty captain concerned. In appropriate cases, a captain or above may assign a uniformed member of the service to administrative duties in the next higher command without placing the member on suspension or modified assignment, when there is no disciplinary action contemplated and facts or circumstances indicate such assignment would be in the best interests of the Department. The borough commander/counterpart will review the assignment within three days and determine further appropriate action. A report of this review and results, including the anticipated date member will be returned to command, will be prepared on Typed Letterhead and forwarded to the First Deputy Commissioner. In all cases where the decision to suspend a member of the service (uniformed or civilian) or to place a uniformed member of the service on modified assignment is based on the discretion of the captain or above (steps 1 and 3 of this procedure), he/she will, prior to making that decision, confer with the borough commander/counterpart or executive officer. The Office of Deputy Commissioner - Legal Matters will be available for questions related to law and the Department Advocate's Office will be available for advice on procedures for suspension or modified assignment. However, the decision to suspend or place a uniformed member of the service on modified assignment will rest with the field commander. A ranking officer who reasonably believes that a uniformed member of the service is unfit for duty due to effects of an alcoholic intoxicant will notify the precinct commander/duty captain who will respond, conduct an investigation, and based upon common sense standards determine if the member is fit for duty. If found unfit, whether on or off duty, the captain making such determination will suspend the member or place him/her on modified assignment; apprise the member concerned of the availability of the Counseling Service Program, and, if the member desires to participate, contact the Counseling Service DIRECT, during normal business hours, or during other than business hours, request conferral by contacting the Sick Desk, supervisor. The precinct commander/duty captain will also prepare seven copies of report on Typed Letterhead detailing observations and circumstances leading to determination of unfitness and action taken. Forward copies (DIRECT) to First Deputy Commissioner, Deputy Commissioner - Trials, Chief of Department, Chief of Personnel, Department Advocate's Office, and one copy to be filed in command. An additional copy will be forwarded to the First Deputy Commissioner (THROUGH CHANNELS). FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) Typed Letterhead P.G. 206-08 Suspension From Duty Uniformed Member Of The Service Date Effective: 08-01-13 PURPOSE To temporarily prohibit a uniformed member of the service from performing assigned duties. PROCEDURE When a uniformed member of the service is suspended: RANKING OFFICER IN CHARGE 1. Inform member concerned of suspension from duty and the reason. 2. Direct member to surrender all Department property and all revolvers or pistols owned or possessed. 3. Direct member to report in person, if not on sick report, each Monday, Wednesday and Friday to residence precinct. (Captain and above will report to residence borough command.) 4. Inform suspended member that he may request waiver of reporting requirement by submitting form AGREEMENT TO ACCEPT SERVICE OF NOTICE (PD468-126) at residence precinct or Department Advocate's Office. NOTE: If suspended member prepares form in residence precinct, the precinct commander will forward a copy of the form to the Department Advocate's Office. If the form is prepared in the Department Advocate's Office, Department Advocate personnel will notify the desk officer, precinct of residence that the suspended member no longer has to report. UNIFORMED MEMBER OF THE SERVICE 5. Surrender, promptly, all Department property and all pistols or revolvers owned or possessed. 6. Do not wear uniform while suspended. RANKING OFFICER IN CHARGE 7. Enter facts concerning suspension in Command Log. 8. Notify supervisor on duty at Operations Unit, member's command, and member's residence precinct, if below rank of captain, or residence borough command if captain or above. a. Notify Internal Affairs Bureau Command Center. 9. Follow procedure for removal of property as outlined in P.G. 206-17, "Removal And Restoration Of Firearms." a. Property other than firearms, shield and IDENTIFICATION CARD (PD416-091) will be retained at member's command. 10. Immediately forward report (DIRECT) to First Deputy Commissioner, Deputy Commissioner - Trials, Chief of Department, Chief of Personnel, Department Advocate and member's commanding officer. Forward an additional copy of report to First Deputy Commissioner (THROUGH CHANNELS). SUPERVISOR ON DUTY, OPERATIONS UNIT 11. Inform ranking officer in charge that CHARGES AND SPECIFICATIONS (PD468-121) must be forwarded within forty-eight hours of the suspension. MEMBER'S COMMANDING OFFICER 12. Have CHARGES AND SPECIFICATIONS prepared. IF SUSPENDED MEMBER ELECTS NOT TO SUBMIT WAIVER (AGREEMENT TO ACCEPT SERVICE OF NOTICE) UNIFORMED MEMBER CONCERNED 13. Report to residence precinct each Monday, Wednesday and Friday. DESK OFFICER, RESIDENCE PRECINCT 14. Direct member to prepare REPORT OF SUSPENDED MEMBER'S VISIT (PD408-061) in your presence. 15. Complete appropriate captions under section entitled "Witnessed By." 16. Make entry in Command Log and deliver REPORT to integrity control officer. INTEGRITY CONTROL OFFICER 17. Maintain a list of uniformed members of the service who are suspended and are required to report to the residence precinct. 18. Check Telephone Record and FINEST messages each day to ensure that uniformed members who are required to report are added to the list as required. NOTE: If doubt exists regarding reporting by uniformed members of the service, contact Department Advocate's Office, Trial Calendar Unit. 19. Monitor appearances of suspended uniformed members of the service. 20. Inform commanding officer when suspended member fails to report as required. COMMANDING OFFICER, RESIDENCE PRECINCT 21. Prepare SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123), if member fails to report as required. 22. Forward SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT to member's commanding officer for further disciplinary action, if required. ADDITIONAL DATA A uniformed or civilian member of the service under suspension who desires to be restored to duty or a uniformed member under suspension who desires to be placed on modified assignment will submit a request to the First Deputy Commissioner through the Department Advocate's Office. When a uniformed member of the service, in the rank of sergeant and above, is being suspended the following provisions shall be applied. The member shall be suspended with pay until the following Sunday. Commencing at 0001 hours on that Sunday, the member shall be on suspension without pay. The suspension without pay will continue in full week (Sunday to Saturday) increments. The minimum suspension without pay shall be for one full week. The maximum time shall be four full weeks. The member shall always be returned to duty on a Sunday at 0001 hours. Uniformed members of the service who are on "Suspended With Pay" status must submit a LEAVE OF ABSENCE REPORT (PD433- 041) when required to appear in court as a defendant in a criminal case on a date they were scheduled to report to the Internal Affairs Bureau. Such court appearances shall be made on regular days off or with an approved LEAVE OF ABSENCE REPORT. RELATED PROCEDURES Preparation Of Charges And Specifications (P.G. 206-05) Cause For Suspension Or Modified Assignment (P.G. 206-07) Modified Assignment (P.G. 206-10) Removal And Restoration Of Firearms (P.G. 206-17) FORMS AND REPORTS AGREEMENT TO ACCEPT SERVICE OF NOTICE (PD468-126) CHARGES AND SPECIFICATIONS (PD468-121) REPORT OF SUSPENDED MEMBER'S VISIT (PD408-061) SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) LEAVE OF ABSENCE REPORT (PD433-041) P.G. 206-09 Suspension From Duty - Civilian Member Of The Service Date Effective: 08-01-13 PURPOSE To temporarily prohibit a civilian member of the service from performing duty and to complete disciplinary procedures within thirty days. PROCEDURE When a civilian member of the service is suspended: RANKING OFFICER IN CHARGE 1. Inform member concerned of suspension from duty and reason. 2. Direct member to surrender all Department property. a. Have IDENTIFICATION CARD (PD416-091) and shield, when applicable, hand delivered with Typed Letterhead to the Employee Management Division - Shield and Identification Card Unit by next business day and obtain receipt for file in command. b. Have other Department property safeguarded at command (e.g., keys, etc.). 3. Direct civilian member of the service not to wear uniform or part of uniform while under suspension. 4. Notify member concerned that charges are to be preferred and will be processed in normal manner. a. Supervise preparation of charges. 5. Notify the following: a. Operations Unit b. Internal Affairs Bureau Command Center c. Civilian member's commanding officer/counterpart, if not present. SUPERVISOR ON DUTY, OPERATIONS UNIT 6. Enter facts concerning suspension in Command Log. 7. Inform ranking officer in charge that CHARGES AND SPECIFICATIONS (PD468-121) must be forwarded within forty-eight hours of suspension. RANKING OFFICER IN CHARGE 8. Submit report on Typed Letterhead within twenty-four hours to: a. First Deputy Commissioner b. Chief of Department c. Deputy Commissioner-Trials d. Department Advocate's Office e. Civilian member's commanding officer. COMMANDING OFFICER 9. Notify next higher command. COMMANDING OFFICER, NEXT HIGHER COMMAND 10. Contact Department Advocate's Office. 11. Ascertain if every effort is being made to complete disciplinary process within thirty days. 12. Notify Department Advocate of all relevant facts, if circumstances indicate case may not be disposed of within thirty days. IF CIVILIAN HAS BEEN ARRESTED 13. Advise civilian of the following available options prior to arranging conference concerning charges: a. May request conference be held in usual manner, OR b. May request, in writing, an adjournment of all department action pending final determination of criminal case. 14. Instruct civilian member of the option of signing a waiver for any pay due him/her, if he/she is continued on suspension past thirty days. a. Waiver does not apply to lost wages if civilian is ultimately found not guilty. (1) Civilian is entitled to full pay during period of suspension beyond thirty days, less any amount of compensation earned during same period in such case. NOTE: If civilian member has criminal charges pending and refuses to sign waiver, the commanding officer next higher command of civilian must hold informal conference within thirty days of date of suspension. IF CIVILIAN IS AWOL COMMANDING OFFICER OF CIVILIAN 15. Prepare and forward CHARGES AND SPECIFICATIONS. a. If Department property is not accounted for, have COMPLAINT REPORT (PD313-152) prepared. DEPARTMENT ADVOCATE 16. Have civilian member report to the Employee Management Division - Shield and Identification Card Unit for IDENTIFICATION CARD and shield, when applicable, if suspension is rescinded. a. Commanding officer will be responsible for the return of any other Department property removed. ADDITIONAL DATA The Department Advocate will have CHARGES AND SPECIFICATIONS served as provided in P.G. 206-06, "Service Of Charges And Specifications" and after service, a trial will be held before Deputy Commissioner - Trials, in absentia if necessary. Civilian member may request a formal conference at next higher command at any time prior to holding a formal trial. A civilian member of the service under suspension who desires to be restored to duty will submit a written request to the First Deputy Commissioner through the Department Advocate's Office. Civilian Employee Handbook will be accounted for if civilian is dismissed. RELATED PROCEDURES Notification in Certain Arrest Situations (P.G. 208-69) Command Discipline (P.G. 206-02) Preparation Of Charges And Specifications (P.G. 206-05) Service Of Charges And Specifications (P.G. 206-06) Cause For Suspension Or Modified Assignment (P.G. 206-07) Civilian Member - Resignation (A.G. 319-17) FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) COMPLAINT REPORT (PD313-152) IDENTIFICATION CARD (PD416-091) Typed Letterhead P.G. 206-10 Modified Assignment Date Effective: 08/01/13 PURPOSE To assign a uniformed member of the service to non-enforcement duties pending determination of fitness to perform police duties. SCOPE Firearms may be removed from a uniformed member of the service for disciplinary as well as non-disciplinary reasons. In incidents where there is no misconduct and no disciplinary action is anticipated, the member will not be placed on modified assignment. When a firearms removal is based on non-disciplinary factors, the ranking officer directing the removal will comply with the applicable provisions of P.G. 205-47, "Temporary Removal of Firearms in Non-Disciplinary Cases." PROCEDURE When placing a uniformed member of the service on modified assignment. RANKING OFFICER IN CHARGE 1. Inform uniformed member that modified assignment is contingent upon being available for prompt Departmental disciplinary trial. 2. Remove firearms, shield, IDENTIFICATION CARD (PD416-091) and other Department property as directed in P.G. 206-17, "Removal and Restoration of Firearms." 3. Make a clear photocopy of member's IDENTIFICATION CARD and provide the photocopy to member concerned. 4. Direct the member to utilize the photocopy of their IDENTIFICATION CARD to gain access to One Police Plaza for modified assignment processing to avoid waiting in line with non-members of the Department. NOTE: Uniformed member may retain Department Manual. 5. Ensure that shield and IDENTIFICATION CARD are hand delivered to the Employee Management Division, Shield and Identification Card Unit at One Police Plaza, Room 502, with appropriate copy of REMOVAL/ RESTORATION OF FIREARMS REPORT (PD524-152) on the next business day and obtain receipt. 6. Direct uniformed member to report direct, in appropriate business attire, at 0900 hours on the next business day he/she is scheduled to work, to the Personnel Orders Section, Uniform Assignment Unit, located at One Police Plaza, Room 1008. NOTE: Uniformed members placed on modified assignment will report direct to the Personnel Orders Section, Uniform Assignment Unit and will NOT be permitted to begin their tour at their command. Members on regular day off (RDO), sick report or scheduled vacation will report on the first business day upon return to work. Members will not perform an extended tour and no overtime is authorized. When a uniformed member is scheduled to return to work on a non-business day (Saturday, Sunday, holiday, etc.), direct the member to report, in appropriate business attire, to their assigned command for non-enforcement duty. Uniformed member will report direct to the Personnel Orders Section, Uniform Assignment Unit the next business day he/she is scheduled to work. 7. Enter facts concerning modified assignment in Command Log and notify: a. Supervisor on duty at Operations Unit immediately b. Internal Affairs Bureau, Command Center and obtain log number. 8. Immediately submit report on Typed Letterhead (DIRECT) to: a. First Deputy Commissioner (forward additional copy of report THROUGH CHANNELS) b. Deputy Commissioner, Department Advocate c. Deputy Commissioner, Trials d. Chief of Department e. Chief of Personnel f. Commanding Officer, Personnel Orders Section g. Commanding officer of member concerned. 9. Fax copy of Typed Letterhead to the Personnel Orders Section. UNIFORMED MEMBER OF THE SERVICE CONCERNED 10. Report direct to the Personnel Orders Section, Uniform Assignment Unit, located at One Police Plaza, Room 1008, at 0900 hours on the next business day scheduled to work, in appropriate business attire. NOTE: When scheduled to work on a non-business day (Saturday, Sunday, holiday, etc.), report in appropriate business attire, to assigned command for non-enforcement duty. Uniformed members of the service will report direct to the Personnel Orders Section, Uniform Assignment Unit, the next business day he/she is scheduled to work. Uniformed members of the service will report to One Police Plaza, first floor employee entrance gate and present photocopy of their IDENTIFICATION CARD to Headquarters Security personnel to be issued an access pass for entry into One Police Plaza. 11. Sign in Personnel Orders Section sign-in log when directed by Personnel Orders Section, Uniform Assignment Unit personnel. 12. Report to the Employee Management Division, Shield and Identification Card Unit, Room 502, for a new IDENTIFICATION CARD, when directed by Personnel Orders Section personnel. NOTE: Uniformed members of the service are reminded that they must be guided by P.G. 203-07, "Performance on Duty - Personal Appearance." Members will not be permitted to take IDENTIFICATION CARD photo with facial hair unless: a. Written approval has been received from the District Surgeon concerned and Commanding Officer, Medical Division, when required because of a medical condition OR b. Written approval has been received from the Deputy Commissioner, Equal Employment Opportunity when required because of a religious accommodation. Modified members of the service are not authorized to possess any firearms or their shield. Modified members will be issued a "NO FIREARMS" IDENTIFICATION CARD by the Employee Management Division's Shield and Identification Card Unit during processing. Members who are restored from modified assignment and placed on restricted duty or remain on restricted duty for psychological or alcohol related reasons, may posses their shield and will retain their "NO FIREARMS" IDENTIFICATION CARD until their restricted duty status is revoked by the Psychological Evaluation Section or Counseling Unit, as appropriate. Upon restoration to full duty and approval for the return of firearms, the member's shield and full duty IDENTIFICATION CARD will be returned. The Personnel Orders Section will provide an official letterhead to members restored to full duty for retrieval of firearms from the Property Clerk Division. ADDITIONAL DATA The First Deputy Commissioner MUST approve the return of firearms, shield and IDENTIFICATION CARD to a uniformed member of the service on modified assignment unless the Police Commissioner directs the return of such property. A uniformed member of the service on modified assignment who desires to be restored to full duty will submit a request to the First Deputy Commissioner's Office through the Deputy Commissioner, Department Advocate. A uniformed member continues to accrue vacation and is permitted to take vacation or authorized leave if there is no conflict with an appearance at a criminal or disciplinary trial. Members who are defendants in a criminal action shall not appear in court on these cases while on duty. Such appearances shall be made on regular days off (RDOs) or with authorized excusals. Uniformed members of the service placed on modified assignment may be transferred as per the needs of the Department. If the uniformed member on modified assignment does not carry out his/her duties in a satisfactory manner, the commanding officer of the unit may recommend to the First Deputy Commissioner, through channels, that the member be suspended. Uniformed members being restored to full duty will be notified by the Deputy Commissioner, Department Advocate and will report, when directed, to the Department Advocate's Office. The Department Advocate's Office will direct member to report to the Personnel Orders Section, Uniform Assignment Unit, located at One Police Plaza, Room 1008, for restoration processing. Uniformed members of the service are placed on modified assignment for a number of reasons. The vast majority of these members will be restored to full duty and continue to have successful careers with the Department. When a modified member, who has been temporarily assigned to an administrative/support command, has performed in an exemplary manner, the commanding officer may request permanent assignment upon member's restoration to full duty, needs of the service permitting. Transfer requests must be forwarded, through channels, to the Police Commissioner for approval prior to restoration from modified assignment. RELATED PROCEDURES Temporary Removal of Firearms in Non-Disciplinary Cases (P.G. 205-47) Cause for Suspension or Modified Assignment (P.G. 206-07) Removal and Restoration of Firearms (P.G. 206-17) Performance on Duty - Personal Appearance (P.G. 203-07) FORMS AND REPORTS IDENTIFICATION CARD (PD 416-091) REMOVAL/RESTORATION OF FIREARMS REPORT (PD524-152) Typed Letterhead P.G. 206-11 Member Of The Service Arrested (Uniformed Or Civilian) Date Effective: 08/01/13 PURPOSE To record and investigate cases when members of the service, both uniformed or civilian, are arrested. PROCEDURE When a member of the service is arrested: DEFINITION CRIMINAL VIOLATION - For the purpose of this procedure, means any violation of law, rule or regulation, whether committed within New York State or outside of the State, for which a penalty of a term of imprisonment may be imposed, but shall not include parking violations, traffic infractions (other than leaving the scene of an incident without reporting and driving while ability impaired) and violations of law, rule or regulation when a personal service summons received contemplates a civil penalty only. ARRESTED WITHIN CITY MEMBER OF THE SERVICE ARRESTED 1. Immediately notify arresting authority of position as a member of the New York City Police Department. 2. Promptly notify desk officer, precinct of arrest, of details if arrest effected by law enforcement agency other than New York City Police Department. NOTE: All members of the service (uniformed or civilian), who receive a personal service summons for a criminal violation, are required to immediately notify their commanding officer, and provide the commanding officer with a copy of the summons. DESK OFFICER 3. Immediately notify Internal Affairs Bureau Command Center. 4. Immediately notify precinct commander/duty captain. 5. Promptly notify the Operations Unit and include: a. Time and date of arrest b. Place of occurrence c. Present location of member or place where he will be available for interview d. Identity of all persons involved in the incident e. Manner in which member became involved f. Sickness or injury of member or other persons involved g. Identity and statements of witnesses h. Title and description of the law violated i. Identity of law enforcement agency making arrest (federal, state or local) j. Specific charges against the member k. Date and location of court appearance, if known l. Interim or final disposition, if any. 6. Make entry of notification in Telephone Record and include identity of precinct commander/duty captain notified. PRECINCT COMMANDER/DUTY CAPTAIN 7. Make certain arrested member's commanding officer is notified. 8. Notify patrol borough commander, borough of arrest. PATROL BOROUGH COMMANDER CONCERNED 9. Assign captain or above to conduct investigation. RANKING OFFICER CONDUCTING INVESTIGATION 10. Commence immediate investigation and interview arrested member and witnesses, if any. 11. Submit report on Typed Letterhead to Chief of Department within twenty-four hours. 12. Ascertain status of case no later than twenty-four hours after each court appearance of member. 13. Prepare a report on Typed Letterhead indicating status of case and adjournment dates and forward to: a. First Deputy Commissioner b. Chief of Department c. Chief of Personnel d. Chief of Internal Affairs e. Department Special Prosecutor or Department Advocate's Office, as appropriate f. Patrol borough commander concerned. 14. Direct arrested member to immediately notify his commanding officer if charges are dismissed. ARRESTED OUTSIDE CITY MEMBER OF THE SERVICE ARRESTED 15. Immediately notify arresting authority of position as a member of the New York City Police Department. 16. Immediately notify Operations Unit, comply with the remainder of step 5, subdivisions "a" to "l", and include identity of local police authorities involved. 17. Notify commanding officer without delay. NOTE: Commanding officer will contact arrested member within twenty-four hours of court appearance and ascertain status of case. All members of the service (uniformed or civilian), who receive a personal summons for a criminal violation, are required to immediately notify their commanding officer, and provide the commanding officer with a copy of the summons. SUPERVISOR, OPERATIONS UNIT 18. Immediately notify Internal Affairs Bureau Command Center, and the following: ARREST MADE IN * Westchester, Rockland Orange or Putnam NOTIFY Commanding Officer, Patrol Borough Bronx * Nassau or Suffolk Commanding Officer, Patrol Borough Queens North or South, as appropriate 19. Notify commanding officer of arrested member. a. If command is closed, make notification at 0900 hours, next business day. PATROL BOROUGH COMMANDER OR CHIEF OF INTERNAL AFFAIRS 20. Assign a captain or above, to conduct investigation. RANKING OFFICER CONDUCTING INVESTIGATION 21. Communicate by telephone with arresting authorities to determine if there are witnesses to the incident. NOTE: Ranking officer assigned is authorized to use a Department vehicle within city and the six residence counties without prior permission. 22. Advise the supervising officer, Operations Unit, of facts. 23. Submit report on Typed Letterhead to the Chief of Department within twenty-four hours. 24. Ascertain status of case no later than twenty-four hours after each court appearance of member. 25. Prepare and forward a report, indicating status and adjournment date, to First Deputy Commissioner, Chief of Department, Chief of Personnel, Chief of Internal Affairs, Department Special Prosecutor or Department Advocate's Office (as appropriate), and patrol borough commander responsible for the investigation. a. Include arrest number, docket number, and jurisdiction in this report. IN ALL CASES MEMBER OF THE SERVICE ARRESTED 26. Keep commanding officer informed of status of case at least once every thirty days and include: a. Adjournment dates b. Final disposition c. If appeal made d. Disposition of appeal. 27. Notify commanding officer as soon as possible if charges are dismissed. COMMANDING OFFICER, ARRESTED MEMBER 28. Telephone the Department Advocate and the borough commander responsible for the investigation of the disposition of all criminal charges, if Department charges have been preferred. 29. Provide the Chief of Internal Affairs with a final disposition of all criminal charges involving the arrest of a member of their command. DEPARTMENT ADVOCATE 30. Obtain a "Certificate of Disposition" from the appropriate jurisdiction and verify conviction (or plea) of the member of the service, with special attention to crimes involving domestic violence, upon receipt of notification. RELATED PROCEDURES Notifications In Certain Arrest Situations (P.G. 208-69) Preparation Of Charges And Specifications (P.G. 206-05) Interrogation Of Members Of The Service (P.G. 206-13) Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) Modified Assignment (P.G. 206-10) Cause For Suspension Or Modified Assignment (P.G. 206-07) Review Of Arrest Cases Involving A Member Of The Service As A Defendant (P.G. 206-16) FORMS AND REPORTS Typed Letterhead P.G. 206-12 Removal Of Firearms From Intoxicated Uniformed Member Of The Service Date Effective: 08-01-13 REMOVAL OF FIREARMS FROM INTOXICATED UNIFORMED MEMBER OF THE SERVICE PURPOSE To determine if an on/off duty uniformed member of the service is unfit for duty due to intoxication. DEFINITION INTOXICATION - Unfitness for duty due to the influence of alcohol, narcotics, or other drug, or under circumstances in which surrounding events of a timely nature indicate that the member may have been intoxicated during an earlier period directly related to the incident in question. PROCEDURE Upon observing a uniformed member of the service who appears unfit for duty due to intoxication: SUPERVISORY MEMBER 1. Direct that member remain at Department facility or other location pending the arrival of commanding officer/duty captain. 2. Prepare, immediately, SUPERVISOR'S FITNESS FOR DUTY REPORT (PD469-150) based upon observations of member of the service. 3. Notify precinct commander/duty captain to respond to facility. COMMANDING OFFICER/DUTY CAPTAIN 4. Prepare, immediately, SUPERVISOR'S FITNESS FOR DUTY REPORT based upon observations of member of the service. 5. Conduct an investigation to determine if member is unfit for duty due to intoxication at the time of the alleged misconduct. NOTE: Common sense standards will be applied to determine whether a member of the service is unfit for duty due to intoxication. Commanding officers/duty captains will examine the totality of the circumstances and will consider all credible relevant information when determining a member's fitness for duty. Such information will include all SUPERVISOR'S FITNESS FOR DUTY REPORTS prepared, any witness statements made by civilians or members of the service, and any available scientific evidence (Breathalyzer, blood test, etc.). On the basis of all available information, viewed in light of the time elapsed since any alleged acts of misconduct or since the first supervisory observation of the member, the commanding officer/duty captain will conclude whether the member was unfit for duty at the time of the alleged misconduct. 6. Remove firearms when it is determined that member is intoxicated (see P.G. 206-17, "Removal And Restoration Of Firearms"). 7. Place member on modified assignment or suspend from duty, as appropriate. 8. Advise member of availability of Counseling Service Program. NOTE: A supervisory officer is mandated in all cases to contact the Counseling Services Unit on behalf of a member who is placed on modified assignment, suspended, or has his/her firearms removed due to being unfit for duty. The services of the Counseling Service Program are not available to personnel for illegal drug use and/or abuse problems. 9. Have supervisory officer contact Counseling Service DIRECT, during normal business hours. At other times, conferral with a counselor may be requested by contacting the Sick Desk supervisor. 10. Prepare five copies of all completed SUPERVISOR'S FITNESS FOR DUTY REPORTS (commanding officer/duty captain's and referring supervisor's). 11. Prepare seven copies of a report on Typed Letterhead detailing observations and circumstances that led to determination that member was unfit for duty and forward each, with copies of all SUPERVISOR'S FITNESS FOR DUTY REPORTS, as follows: a. First Deputy Commissioner - Original (DIRECT) b. First Deputy Commissioner (THOUGH CHANNELS) c. Chief of Department (DIRECT) d. Chief of Personnel (DIRECT) e. Deputy Commissioner - Trials f. Department Advocate's Office g. Member's commanding officer. ADDITIONAL DATA Prior to final adjudication of a disciplinary matter, in all misconduct cases in which the use of alcohol is indicated, a conferral with the Early Intervention Unit must be made, and an alcoholism assessment by the Counseling Services Unit, must be conducted. In addition, in appropriate cases, final adjudication of the disciplinary matter will be held in abeyance pending completion of treatment for alcoholism. The Department Advocate's Office or the Office of the Special Prosecutor, as appropriate, are required to ensure that these steps are taken. RELATED PROCEDURES Cause For Suspension Or Modified Assignment (P.G. 206-07) Suspension From Duty Uniformed Member of the Service (P.G. 206-08) Modified Assignment (P.G. 206-10) Administration Of Drug Screening Tests For Cause (P.G. 205-30) Removal/Restoration Of Firearms (P.G. 206-17) FORMS AND REPORTS SUPERVISOR'S FITNESS FOR DUTY REPORT (PD469-150) Type Letterhead P.G. 206-13 Interrogation Of Members Of The Service Date Effective: 08/01/13 PURPOSE To protect the rights of the member of the service (uniformed or civilian) in an official Department investigation. PROCEDURE Prior to questioning a member of the service (uniformed or civilian) who is the subject or a witness in an official investigation: INTERROGATING OFFICER 1. Permit member to obtain counsel if: a. A serious violation is alleged, OR b. Sufficient justification is presented although the alleged violation is minor. NOTE: All members of the service who are the subject of an official investigation or are a witness in an official investigation, shall be given a reasonable period of time to obtain and confer with counsel prior to questioning. Interrogations of members in routine, non-critical matters should be scheduled during business hours on a day when the member is scheduled to work. Interrogations in emerging investigation, where there is a need to gather timely information, should usually be done after all preliminary steps and conferrals have been completed and the member to be questioned has been afforded a reasonable time to obtain and confer with counsel. In determining what is a reasonable period of time, consideration should be given to the nature of the investigation, the need for the Department to have the information possessed by the member in a timely manner, and the stage the investigation is at when the need to question the member has been determined. The emergent nature and exigent circumstances of each investigation will determine the length of time afforded the member before questioning is conducted. However, in all cases the determination as to what is a reasonable time will be made by the captain (or above) in charge of the investigation. 2. Inform member concerned of: a. Rank, name and command of person in charge of investigation b. Rank, name and command of interrogating officer c. Identity of all persons present d. Whether he is subject or witness in the investigation, if known e. Nature of accusation f. Identities of witnesses or complainants (address need not be revealed) except those of confidential source or field associate unless they are witnesses to the incident g. Information concerning all allegations. h. The Department's policy regarding making false statements (see P.G. 203-08). 3. Permit representative of department line organization to be present at all times during interrogation. 4.Conduct interrogation at reasonable hour, preferably when member is on duty during daytime hours. 5. Ensure that interrogation is recorded either mechanically or by a department stenographer. a. The Department Advocate will determine if a transcript is required in non-criminal or minor violation cases. 6. DO NOT use: a. "Off the record" questions b. Offensive language or threats (transfer, dismissal or other disciplinary punishment) c. Promises of reward for answering questions. 7. Regulate duration of question periods with breaks for meal, personal necessity, telephone call, etc. 8. Record all recesses. NOTE: Interrogations may SPECIFICATIONS (PD468-121) service of charges must be Department trial except as be conducted before or after CHARGES AND have been served. An interrogation conducted after completed at least ten days prior to the date of directed by the Deputy Commissioner - Trials. 9. Conduct interrogation within a reasonable time after disposition of criminal matter, when member was arrested, indicted or under criminal investigation. DEPARTMENT ADVOCATE 10. Furnish member with copy of tape of interrogation no later than twenty days after service of charges. a. If interrogation was conducted after service of charges, tape must be furnished to member no later than five days after interrogation b. Furnish transcript, if one was prepared, by 1000 hours on trial date, in all cases. NOTE: When the Department trial date is scheduled immediately after CHARGES AND SPECIFICATIONS are served, the Deputy Commissioner - Trials will grant the Department reasonable time to conduct an interrogation. In any event, a copy of the tape and a copy of the transcript must be furnished as indicated above, if appropriate. COMMANDING OFFICER OF MEMBER 11. Assign member to 2nd Platoon, if possible. MEMBER OF THE SERVICE 12. Answer questions specifically directed and narrowly related to official duties. (Refusal shall result in suspension from duty). 13. Submit OVERTIME REPORT (PD138-064) if lost time accrues as result of investigation. SUPERVISOR IN CHARGE OF INVESTIGATION 14. Notify the desk officer immediately when member of the service is directed to leave his post or assignment to report for an official investigation. 15. Ensure that notifications concerning official investigations are properly recorded in appropriate Department records when made to or recorded from: a. Complainants b. Witnesses c. Lawyers d. Respondents e. Other interested parties. DESK OFFICER 16. Record in appropriate department records and notify the investigating command immediately of notifications or messages received from: a. Lawyers b. Witnesses c. Complainants d. Other interested parties involved in the subject investigation. ADDITIONAL DATA If a member of the service (uniformed or civilian) is under arrest or is the subject of a criminal investigation or there is a likelihood that criminal charges may result from the investigation, the following warnings shall be given to the member concerned prior to commencement of the interrogation: "I wish to advise you that you are being questioned as part of an official investigation by the Police Department. You will be asked questions specifically directed and narrowly related to the performance of your duties. You are entitled to all the rights and privileges guaranteed by the laws of the State of New York, the Constitution of this state and the Constitution of the United States, including the right not to be compelled to incriminate yourself and the right to have legal counsel present at each and every stage of this investigation. I further wish to advise you that if you refuse to testify or to answer questions relating to the performance of your official duties, you will be subject to departmental charges, which could result in your dismissal from the Police Department. If you do answer, neither your statements nor any information or evidence which is gained by reason of such statements can be used against you in any subsequent criminal proceedings. However, these statements may be used against you in relation to subsequent departmental charges." The questions and answers resulting from the interrogation conducted pursuant to this procedure are confidential. They are not to be revealed nor released to any person or agency outside the department without prior written approval of the Deputy Commissioner - Legal Matters. If a subpoena duces tecum is received for any such questions and answers, the Legal Bureau should be contacted immediately. FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) OVERTIME REPORT (PD138-064) P.G. 206-14 Sealing Disciplinary Records Date Effective: 08/01/13 PURPOSE To ensure that disciplinary records regarding Schedule "B" command disciplines and certain corruption/misconduct allegations are sealed in a member's Central Personnel Index file. DEFINITION SEALED - Information is suppressed on member's Central Personnel Index whenever background inquiry is made, including promotion and transfer requests. PROCEDURE When a member of the service wishes to seal all records pertaining to a Schedule "B" command discipline: MEMBER OF THE SERVICE 1. Prepare a Typed Letterhead addressed to commanding officer requesting the sealing of Schedule "B" command discipline on the 3rd anniversary from the date of disposition. COMMANDING OFFICER/EXECUTIVE OFFICER 2. Determine if requesting member received charges and specifications and/or additional Schedule "B" command discipline(s) during the above time frame. 3. Expunge SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) from member's command folder, endorse original request and forward to Employee Management Division, if no additional violations. a. If member has been the subject of an additional violation(s), advise member by endorsement on original request and file copy in member's command folder. b. Advise member that he/she may resubmit request three years after the disposition of the most recent disciplinary violation. UPON RECEIPT OF ENDORSED REQUEST EMPLOYEE MANAGEMENT DIVISION 4. Seal Schedule "B" command discipline on member's Central Personnel Index if satisfied clemency requirement has been met. 5. Endorse original request and return to member concerned. 6. Forward a copy of endorsed request to: a. Disciplinary Assessment Unit b. Department Advocate's Office. ADDITIONAL DATA Allegations of misconduct ("M" Cases) or corruption ("C" Cases) which result in a final disposition of exonerated or unfounded will be sealed in the member's Central Personnel Index by the Internal Affairs Bureau. Sealed allegations and command disciplines will only be available to the Internal Affairs Bureau for statistical evaluations and internal investigations. Additionally, these records will be made available to the Legal Bureau and the Early Intervention Unit as necessary to enable those commands to perform their respective responsibilities. RELATED PROCEDURES Command Discipline (P.G. 206-02) Authorized Penalties Under Command Discipline (P.G. 206-04) FORMS AND REPORTS SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) Typed Letterhead P.G. 206-15 Sealing Disciplinary Charges Date Effective: 11-21-13 PURPOSE To seal disciplinary charges in a member of the service's Central Personnel Index file, the Department Advocate's Office Disciplinary Record System database and any other folders/files where disciplinary charges are maintained. PROCEDURE When a member of the service (uniformed or civilian) who has been found "not guilty" after a Department trial requests to have disciplinary charges sealed: UNIFORMED MEMBER OF THE SERVICE 1. Prepare request on Typed Letterhead, not earlier than two years following final decision after trial, and include: a. Name of member of the service b. Shield/tax registry number c. Department Advocate's Office case number d. Date of final decision by Police Commissioner NOTE: A trial decision is final on the date it is signed by the Police Commissioner. 2. Forward request direct to Commanding Officer, Department Advocate's Office. COMMANDING OFFICER, DEPARTMENT ADVOCATE'S OFFICE 3. Review request to have disciplinary charges sealed. 4. Make recommendation to Police Commissioner, through channels, considering: a. Member's overall service record b. Nature of charges c. Other relevant factors. 5. Attach request to recommendation and forward to Deputy Commissioner, Department Advocate. DEPUTY COMMISSIONER, DEPARTMENT ADVOCATE 6. Review recommendation and request. a. Forward with comments to First Deputy Commissioner by endorsement. FIRST DEPUTY COMMISSIONER 7. Review endorsed recommendation and forward to Police Commissioner by endorsement with recommendation for final determination. POLICE COMMISSIONER 8. Approve/disapprove request by endorsement after review of recommendations. 9. Have approved/disapproved request forwarded to Commanding Officer, Department Advocate's Office, through channels. COMMANDING OFFICER, DEPARTMENT ADVOCATE'S OFFICE 10. File approved/disapproved requests in appropriate case folder for member concerned. 11. Seal the appropriate disciplinary record in Department Advocate's Disciplinary Record System database, if request approved. a. Request that Central Personnel Index Unit seal the appropriate charges and specifications in member's Central Personnel Index file, for approved cases. 12. Notify member concerned, in writing, of final determination of Police Commissioner, whether approved or disapproved. 13. Request that Commanding Officer of member concerned delete relevant disciplinary record in folder/files, i.e., personal folder, integrity control officer's investigation folder, etc., for approved cases. COMMANDING OFFICER, MEMBER CONCERNED 14. Ensure the deletion of member's disciplinary record from folders/files maintained in command, for approved cases. ADDITIONAL DATA The Department Advocate's Office shall ensure that charges and specifications from a member's Central Personnel Index file and the Department Advocate's Office Disciplinary Record System database are sealed whenever: a. The charges were dismissed based on establishing (in the dismissal memorandum) that a violation of Department regulations did not occur, OR b. The charges were based on mistaken identification. The dismissal memorandum submitted by the Department Advocate shall include a recommendation that the charges be sealed in the member's Central Personnel Index file and the Department Advocate's Disciplinary Record System database. Once a disciplinary record is sealed, it may NOT be referred to when a member is being promoted, transferred or being considered for a detail assignment. However, the Department Advocate's Office disciplinary case file, including copies of CHARGES AND SPECIFICATIONS (PD468-121), may be utilized for informational purposes as necessary. FORMS AND REPORTS CHARGES AND SPECIFICATIONS (PD468-121) Typed Letterhead P.G. 206-16 Review Of Arrest Cases Involving A Member Of The Service As A Defendant Date Effective: 08-01-13 PURPOSE To enable the Department's Special Prosecutor to conduct an immediate, initial review of all criminal cases where a member of the service is a defendant, and to ensure appropriate case assignment. PROCEDURE When a member of the service is arrested: BUREAU/UNIT MAKING ARREST 1. Ensure copies of reports (i.e. Typed Letterhead, addressed to First Deputy Commissioner, and other arrest paperwork) are hand delivered on day of occurrence or by 0900 hours next business day. DEPARTMENT SPECIAL PROSECUTOR 2. Review investigative reports concerning arrest. 3. Recommend to the First Deputy Commissioner that the matter be assigned to either the Department Advocate's Office, or the Department Special Prosecutor's Office. NOTE: If the case is appropriate for assignment to the Department Special Prosecutor's Office, wording of charges and specifications will be prepared by the Department Special Prosecutor and returned to the Commanding Officer, Department Advocate's Office for all necessary processing. The case will then be assigned to the Department Special Prosecutor's Office. However, if the case is appropriate for assignment to the Department Advocate's Office, the case folder will be returned to the Commanding Officer, Department Advocate's Office and assigned to an attorney for consultation and approval of charges. 4. Maintain a log of all cases. 5. Inform unit concerned of case assignment as determined by the First Deputy Commissioner. PENDING CRIMINAL CASE WHERE MEMBER OF THE SERVICE HAS NOT BEEN SEPARATED FROM DEPARTMENT PRIOR TO CONCLUSION OF CRIMINAL CASE: BUREAU/UNIT RESPONSIBLE FOR ARREST 6. Monitor each court appearance of subject member of the service. 7. Notify assigned Department prosecutor (Department Advocate or Department Special Prosecutor) upon conclusion of criminal matter. a. Initiate additional investigation, as directed. WHEN MEMBER OF THE SERVICE IS CONVICTED: DEPARTMENT ADVOCATE/SPECIAL PROSECUTOR 8. Recommend an appropriate administrative disposition of case upon being notified of a conviction. NOTE: In cases where the recommendation is dismissal, a Final Order of Dismissal and appropriate base papers will be submitted to the First Deputy Commissioner. DISMISSAL OF CRIMINAL MATTER (ACQUITTAL, VIOLATION, ETC.): DEPARTMENT ADVOCATE/SPECIAL PROSECUTOR 9. Evaluate the case, and make an appropriate recommendation to the First Deputy Commissioner, without delay upon notification of dismissal of the criminal matter. FORMS AND REPORTS Typed Letterhead P.G. 206-17 Removal And Restoration Of Firearms Date Effective: 08/01/13 PURPOSE To remove firearms from a uniformed member of the service at the direction of a ranking officer or other competent authority. NOTE: This procedure does not pertain to members whose firearms removal is based on non-disciplinary factors, or who voluntarily surrender firearms solely for safekeeping while experiencing a current personal problem off-duty, (e.g. potential domestic violence accusations). See Patrol Guide procedure 205-47, "Temporary Removal of Firearms In Non-Disciplinary Cases." SCOPE Firearms may be removed from a uniformed member of the service for disciplinary as well as non-disciplinary reasons. In incidents where there is no misconduct and no disciplinary action is anticipated, the member will not be placed on modified assignment. When a firearms removal is based on non-disciplinary factors, the ranking officer directing the removal will comply with the applicable provisions of Patrol Guide procedure 205-47, "Temporary Removal of Firearms In Non-Disciplinary Cases." DEFINITION RANKING OFFICER - For the purposes of this procedure, a ranking officer is a uniformed member of the service in the rank of sergeant or above. PROCEDURE When a uniformed member of the service is suspended or placed on modified assignment, or when a police surgeon, ranking officer or other competent authority believes a uniformed member of the service is unable to properly safeguard his firearms. SURGEON/COMPETENT AUTHORITY 1. Request Communications Section to send a ranking officer to scene if necessary. 2. Direct member concerned to surrender all pistols, revolvers, IDENTIFICATION CARD (PD416-091) and shield. RANKING OFFICER 3. Obtain member's pistols, revolvers, shield and IDENTIFICATION CARD. 4. Deliver property to precinct where the order to surrender was given. 5. Direct member who is assigned to restricted duty to report to Employee Management Division for new IDENTIFICATION CARD. 6. Question member to determine if he possesses additional pistols or revolvers. DESK OFFICER PRECINCT OF SURRENDER 7. Notify member's permanent command and request a check of member's FORCE RECORD (PD406-143) to determine if all weapons listed have been surrendered. 8. Arrange to obtain other pistols and revolvers if necessary. a. The precinct/command where any of the member's pistols or revolvers are located may be directed to retrieve the weapons and deliver them to either the member's command or to the command in which the investigation is being conducted, if appropriate. 9. Notify Medical Division - Sick Desk and obtain a Firearms Removal serial number. 10. Have PROPERTY CLERK INVOICE (PD521-141) prepared for firearms obtained, including notation "PROPERTY OF SUSPENDED / MODIFIED ASSIGNMENT MEMBER - NOT TO BE RETURNED UNLESS APPROVED COPY OF REMOVAL/RESTORATION OF FIREARMS REPORT (PART B) (PD524-152) IS PRESENTED." 11. Prepare REMOVAL/RESTORATION OF FIREARMS REPORT (PD524-152) and distribute according to instructions on form. 12. Send firearms with PROPERTY CLERK INVOICE by messenger to borough office of Property Clerk. a. Forward to Firearms Analysis Section if circumstances warrant. 13. Forward IDENTIFICATION CARD and shield with one copy of REMOVAL/RESTORATION OF FIREARMS REPORT by messenger to the Employee Management Division - Shield and Identification Card Unit by next business day and obtain receipt for file in command. TO RESTORE FIREARMS TO A MEMBER WHEN REASON FOR REMOVAL NO LONGER EXISTS: MEMBER CONCERNED 14. Obtain from desk officer the three copies of the appropriate REMOVAL/RESTORATION OF FIREARMS REPORT which have been retained in command. 15. Sign request statement in Part B and submit to commanding officer. COMMANDING OFFICER 16. Indicate APPROVAL or DISAPPROVAL on Part B and forward two copies to the Medical Division. NOTE: If DISAPPROVED, state reason in Part B. C.O., MEDICAL DIVISION 17. Recommend approval or disapproval and forward both copies to the First Deputy Commissioner. FIRST DEPUTY COMMISSIONER 18. APPROVE or DISAPPROVE request. a. Return both copies of REMOVAL/RESTORATION OF FIREARMS REPORT indicating action taken to command of member concerned through the Medical Division. COMMANDING OFFICER 19. Return both copies of approved REMOVAL/RESTORATION OF FIREARMS REPORT to member concerned. a. Return one copy of disapproved REPORT to member concerned and file second copy. MEMBER CONCERNED 20. Present one approved copy of REMOVAL/RESTORATION OF FIREARMS REPORT to: a. Employee Management Division - Shield and Identification Card Unit for return of shield and IDENTIFICATION CARD. b. Property Clerk's borough office for return of firearms. (Shield and IDENTIFICATION CARD must be shown). RELATED PROCEDURES Cause For Suspension/Modified Assignment (P.G. 206-07) Suspension From Duty-Uniformed Member Of The Service (P.G. 206-08) Modified Assignment (P.G. 206-10) Removal Of Firearms From Intoxicated Uniformed Member Of The Service (P.G. 206-12) FORMS AND REPORTS FORCE RECORD (PD406-143) PROPERTY CLERK INVOICE (PD521-141) REMOVAL/RESTORATION OF FIREARMS REPORT (PD 524-152) P.G. 206-18 Citywide Command Discipline System Date Effective: 08-01-13 1. The Department has developed a Citywide Command Discipline System. This application shall be utilized by the Office of Equal Employment Opportunity to track the issuance of command disciplines throughout the Department. The initial phases of this program affected all citywide Patrol Services, the Transit, Housing and Internal Affairs Bureaus as well as the Criminal Justice, Detective, Organized Crime Control and Support Services Bureaus. Effective upon publication of this order, the program will be expanded to include all of the remaining Department commands citywide. All commands shall implement the use of the Command Discipline System. 2. The Integrity Control Officers (ICOs) and Assistant Integrity Control Officers (Asst. ICOs) of all commands citywide will be responsible for entering all 2005 command discipline data and maintaining the Command Discipline System thereafter. Information contained in the present Command Discipline forms and Command Discipline Log will remain available at the command level, consistent with current practices. The records obtained through the Command Discipline System will be used for analytical purposes; however, the system has been designed to allow for analysis without changing current practices regarding command discipline. NOTE: The Command Discipline System is a confidential application. Access to the system shall be restricted to Commanding Officers, Executive Officers, Integrity Control Officers, Assistant Integrity Control Officers, and other personnel specifically authorized by the Commanding Officer concerned. 3. The Commanding Officers of all commands are required to forward a request, on Typed Letterhead, to the Assistant Commissioner of the Office of Equal Employment Opportunity, One Police Plaza, Room 600, identifying the name and tax registry number of the Integrity Control Officer, Assistance Integrity Control Officer, Executive Officer and other authorized personnel for authorization to access the system. When members of the service are required to enter command discipline data into the database utilizing multiple command codes, each command code that access is required for, must be indicated on the request. The request shall also include the name and telephone number of a designated member of the service within the command who will assist in coordinating training for new users of the system. 4. Commanding Officers, Executive Officers, ICOs, Asst. ICOs, and other authorized personnel are reminded of the following mandates: a. The ICO/Asst. ICO/ other authorized member is required to create a new command discipline record for each command discipline issued by entering all relevant information into the system within five working days of the issuance of a command discipline. b. Within five working days of the adjudication of a command discipline, the ICO/Asst. ICO/other authorized member shall complete all system entries pertaining to the adjudication of the command discipline. c. Within five working days of the completion of the adjudication entries by the ICO/Asst. ICO/other authorized member, the Commanding Officer/Executive Officer shall be responsible to review the command discipline record and finalize (sign-off) the record to verify that it is accurate and complete. d. ICOs and Assistant ICOs who do not have access to the Department's Wide Area Network (WAN) must personally enter command discipline data pertaining to members of their command at their next higher command that possesses WAN access. NOTE: Access to the command discipline system requires both a "CESN" password issued by MISD and system authorizations by OEEO. "CESN" passwords can be obtained by sending a written request to the Commanding Officer, Management Information Systems Division. P.G. 206-19 Orders Of Protection Served On Members Of The Service Date Effective: 08-01-13 PURPOSE To inform members of the service of the procedure to follow when notified that they are the respondent/defendant of any Order of Protection. SCOPE All uniformed members of the service are required as a condition of employment to remain qualified to possess firearms for the duration of their tenure with the Department. Members who are the respondent/defendant of an Order of Protection that limits firearms possession may be subject to a change in duty status and/or disciplinary action up to and including termination. PROCEDURE When a uniformed member of the service is notified that they are the subject of any Order of Protection: UNIFORMED MEMBER OF THE SERVICE 1. Notify commanding officer immediately. a. If command is not open, notify Internal Affairs Bureau, Command Center and obtain log number, and Operations Unit. OPERATIONS UNIT 2. Direct appropriate patrol borough duty captain to respond to member's current location within residence counties, if member's command is not open. INITIAL INVESTIGATION OF AN ORDER OF PROTECTION SERVED ON MEMBER COMMANDING OFFICER/DUTY CAPTAIN 3. Notify: a. Internal Affairs Bureau, Command Center, and obtain log number b. Bureau/borough Investigations Unit, to respond and assist. 4. Conduct investigation to determine if there is a basis for firearms removal. a. Place member on modified assignment if Order of Protection prohibits firearms possession at all times, or if otherwise appropriate. b. If Order of Protection prohibits firearms possession off-duty only, and member is not to be placed on modified assignment, member will be required to safeguard all firearms at command while off-duty. (See P.G. 206-20, "Orders of Protection Prohibiting Off-Duty Firearms Possession by Uniformed Members of the Service.") 5. Prepare a report on Typed Letterhead to the Chief of Internal Affairs and include: a. Details of investigation b. Decision regarding member's duty status c. Specifics of the Order of Protection. 6. Forward additional copies of report to: a. First Deputy Commissioner b. Deputy Commissioner, Personnel c. Commanding Officer, Performance Analysis Section d. Commanding Officer, Investigations Unit concerned e. Commanding officer of member concerned, if applicable. MEMBER IS THE SUBJECT OF A FINAL ORDER OF PROTECTION PROHIBITING FIREARMS POSSESSION AT ALL TIMES 7. Notify: a. Internal Affairs Bureau, Command Center, and obtain log number b. Bureau/borough Investigations Unit, to respond and assist c. Commanding Officer, Performance Analysis Section, if the Final Order of Protection will continue for greater than six months. 8. Place member on modified assignment if member is currently full-duty. 9. Prepare a report on Typed Letterhead to the Deputy Commissioner, Personnel and include: a. Details of investigation b. Specifics of the Order of Protection. 10. Forward additional copies of report to: a. First Deputy Commissioner b. Deputy Commissioner, Department Advocate c. Deputy Commissioner, Legal Matters d. Chief of Internal Affairs e. Commanding Officer, Performance Analysis Section f. Commanding Officer, Investigations Unit concerned g. Commanding officer of member concerned, if applicable. 11. Direct member to report to Employee Management Division, Performance Analysis Section, if the Final Order of Protection will continue for greater than six months. ADDITIONAL DATA REPORTING TO THE PERFORMANCE ANALYSIS SECTION When a member is ordered to report to the Employee Management Division, Performance Analysis Section, the member will report immediately or between the hours of 0900 and 1800 hours on the next business day member is scheduled to work, as appropriate. FINAL ORDERS OF PROTECTION Members who are the recipients of Final Orders of Protection prohibiting firearms possession at all times (on and off-duty) will be given the opportunity to apply to the issuing court for a modification of the Order to allow the member to possess firearms while on-duty. If the member is unable to have the Final Order of Protection modified, or declines to seek such modification within six months from the date of issuance, the member will be subject to termination from the Department if the member has not retired, vested, or resigned. CIVILIAN MEMBER OF THE SERVICE RESPONDENT/DEFENDANT OF ORDER OF PROTECTION Whenever a civilian member of the service becomes aware that they are the respondent/defendant of any Order of Protection, they must immediately notify their commanding officer/supervisory head. The commanding officer/supervisory head will notify the Internal Affairs Bureau, Command Center, and obtain log number. The member will be interviewed and an investigation will be conducted to determine if the member should continue to perform duty. The commanding officer/supervisory head will prepare a report to the Chief of Internal Affairs and forward additional copies to the Commanding Officer, Employee Management Division, and the Investigations Unit concerned. MEMBER OF THE SERVICE COMPLAINANT ON ORDER OF PROTECTION In cases where the member of the service is a petitioner/complainant on an Order of Protection, for safety reasons the member must notify their commanding officer. If necessary, those affected should comply with the provisions of P.G. 212-31, "Threats to Members of the Service." RELATED PROCEDURES Modified Assignment (P.G. 206-10) Removal and Restoration of Firearms (P.G. 206-17) Allegation of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21) Family Offenses and Domestic Violence Involving Uniformed or Civilian Members of the Service (P.G. 208-37) Threats to Members of the Service (P.G. 212-31) Orders of Protection Prohibiting Off-Duty Firearms Possession by Uniformed Members of the Service (P.G. 206-20) FORMS AND REPORTS Typed Letterhead P.G. 206-20 Orders Of Protection Prohibiting Off-Duty Firearms Possession By Uniformed Members Of The Service Date Effective: 08-01-13 When a member is notified that they are the respondent/defendant of any Order of Protection, they are required to immediately notify their commanding officer. If the Order of Protection prohibits firearms possession off-duty only, and the member is not being placed on modified assignment, the member shall continue on full-duty status but will be required to safeguard service weapon and off-duty weapon (if applicable) in a designated location at command while off-duty. In order to instruct all members of the responsibility of the affected member to safeguard firearms while off-duty, the following procedure has been established. PURPOSE To inform members of the procedures to follow when a uniformed member of the service is served with an Order of Protection prohibiting firearms possession off-duty only, and the member is to be continued on full-duty status. SCOPE A uniformed member of the service who is served with an Order of Protection prohibiting off-duty firearms possession only, may continue on full-duty status if there is no basis for placing the member on modified assignment. The member will be required to safeguard all firearms while off-duty. PROCEDURE When a uniformed member is served with an Order of Protection prohibiting off-duty firearms possession only, and the member is to be continued on full-duty status: COMMANDING OFFICER/DUTY CAPTAIN 1. Request that member concerned complete ACKNOWLEDGEMENT OF RESPONSIBILITIES CONCERNING COURT ORDER LIMITING FIREARMS POSSESSION (PD424-010) form. a. Place member on modified assignment if member fails or refuses to complete this form. 2. Ensure all firearms (including handguns, rifles, and shotguns) owned or possessed by member have been accounted for. a. Question member concerning firearms ownership and possession b. Notify desk officer/supervisor, member's permanent command, and request a check of appropriate records. 3. Designate a location at member's command where member's service weapon, authorized off-duty weapon (if applicable), "FULL DUTY" IDENTIFICATION CARD, and shield are to be safeguarded while member is off-duty. DESK OFFICER/ SUPERVISOR, MEMBER'S PERMANENT COMMAND 4. Assist commanding officer/duty captain in determining if all firearms owned or possessed by member have been surrendered. a. Check member's FORCE RECORD (PD406-143) b. Notify Police Academy, Firearms and Tactics Section, and request a check of records maintained regarding member's firearms ownership c. Arrange to obtain additional firearms as necessary. 5. Have firearms, other than service weapon and authorized off-duty weapon, vouchered for safekeeping (see P.G. 218-23, "Processing Firearms and Firearm-Related Evidence," "ADDITIONAL DATA" statement). a. Ensure "Remarks" section of PROPERTY CLERK INVOICE (PD521-141) includes the following statement: "Property of a uniformed member of the service - not to be returned without written authorization of Commanding Officer, Performance Analysis Section" b. Ensure member receives copy of INVOICE. 6. Direct member to report to the Employee Management Division, Performance Analysis Section. UNIFORMED MEMBER OF THE SERVICE 7. Report to Employee Management Division, Performance Analysis Section as directed, with all of the following: a. "FULL DUTY" IDENTIFICATION CARD b. Original copy of ACKNOWLEDGEMENT OF RESPONSIBILITIES CONCERNING COURT ORDER LIMITING FIREARMS POSSESSION c. Copy of report prepared by commanding officer/duty captain d. Copy of PROPERTY CLERK INVOICE for vouchered firearms, if applicable. 8. Report to Shield Unit and Identification Card Unit as directed and obtain a "NO FIREARMS" IDENTIFICATION CARD. GUIDELINES FOR SAFEGUARDING DESIGNATED ITEMS 9. Deliver service weapon, authorized off-duty weapon (if applicable), "FULL DUTY" IDENTIFICATION CARD, and shield to desk officer/supervisor prior to signing out at the end of each tour. a. Retrieve "NO FIREARMS" IDENTIFICATION CARD from desk officer/supervisor. 10. Retrieve service weapon, authorized off-duty weapon (if applicable), "FULL DUTY" IDENTIFICATION CARD, and shield from desk officer/supervisor when reporting for duty each day. a. Deliver "NO FIREARMS" IDENTIFICATION CARD to desk officer/supervisor. DESK OFFICER/ SUPERVISOR, MEMBER'S PERMANENT COMMAND 11. Make a Command Log entry when safeguarding or returning member's service weapon, authorized off-duty weapon (if applicable), "FULL DUTY" or "NO FIREARMS" IDENTIFICATION CARD, and shield. a. Safeguard items in designated location. WHEN ORDER OF PROTECTION IS EXPIRED OR VACATED UNIFORMED MEMBER OF THE SERVICE 12. Notify commanding officer. COMMANDING OFFICER 13. Verify that Order of Protection is expired or has been vacated, and that there are no active Orders of Protection against member concerned. a. Contact court of issuance b. Telephone Central Records Division, Identification Section c. Conduct an Order of Protection inquiry via the FINEST system. 14. Prepare a report on Typed Letterhead to the Commanding Officer, Performance Analysis Section with status of Order of Protection. 15. Instruct member not to carry any firearms while off-duty until authorization is received from Commanding Officer, Performance Analysis Section. 16. Direct member to report to the Employee Management Division, Performance Analysis Section. UNIFORMED MEMBER OF THE SERVICE 17. Report to the Employee Management Division, Performance Analysis Section as directed, with all of the following: a. "NO FIREARMS" and "FULL DUTY" IDENTIFICATION CARDS b. Copy of expired or vacated Order of Protection c. Copy of report prepared by commanding officer/duty captain (1) Member concerned will not be permitted to carry any firearms while off-duty until commanding officer receives authorization from Commanding Officer, Performance Analysis Section. 18. Report, when directed, to Property Clerk Office with: a. "FULL DUTY" IDENTIFICATION CARD b. Copy of PROPERTY CLERK INVOICE c. Original report from Commanding Officer, Performance Analysis Section, authorizing return of all firearms. ADDITIONAL DATA REPORTING TO THE PERFORMANCE ANALYSIS SECTION When a member is ordered to report to the Employee Management Division, Performance Analysis Section, the member will report immediately or between the hours of 0900 and 1800 hours on the next business day member is scheduled to work, as appropriate. OPERATIONAL CONSIDERATIONS Personnel Bureau Investigations Unit members will make unannounced visits to commands where Departmental property is safeguarded under the provisions of this procedure. Command Log inspections will be performed to ensure that entries are made documenting the safeguarding of weapons, IDENTIFICATION CARDS, and shields for affected members of the service. Commanding officers of affected commands will ensure that Personnel Bureau Investigations Unit members have access to these items during their visits. LEGAL CONSIDERATIONS The ACKNOWLEDGEMENT OF RESPONSIBILITIES CONCERNING COURT ORDER LIMITING FIREARMS POSSESSION form includes the member's obligation to safeguard all firearms with the Department at all times while off-duty, and advises the member that no new firearms may be purchased. Failure to comply with the court order may result in criminal charges and court sanctions, as well as Departmental charges, which can lead to termination. Failure or refusal to complete the form will result in the member being placed on modified assignment and subject the member to disciplinary action. RELATED PROCEDURES Modified Assignment (P.G. 206-10) Removal and Restoration of Firearms (P.G. 206-17) Allegation of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21) Family Offenses and Domestic Violence Involving Uniformed or Civilian Members of the Service (P.G. 208-37) Threats to Members of the Service (P.G. 212-31) Processing Firearms and Firearm-Related Evidence (P.G. 218-23) FORMS AND REPORTS ACKNOWLEDGEMENT OF RESPONSIBILITIES CONCERNING COURT ORDER LIMITING FIREARMS POSSESSION (PD424-010) FORCE RECORD (PD406-143) IDENTIFICATION CARD (PD416-091) PROPERTY CLERK INVOICE (PD521-141) Typed Letterhead Complaints P.G. 207-01 Complaint Reporting System Date Effective: 08-19-13 DEFINITIONS ON LINE COMPLAINT SYSTEM (OLCS) - A software program installed on Local Area Network (LAN) workstations designed to permit information from a complaint to be entered and stored on Department computers configured accordingly. This data is stored locally and centrally in the Department's mainframe databases for subsequent crime analysis, mapping and auditing purposes. COMPLAINT - An allegation of an unlawful or improper act or omission, or other condition that necessitates investigation to determine if any unlawful act or omission occurred. PICK-UP ARREST - An arrest for an offense or juvenile delinquency not previously reported. CONTINUOUS EVENT - occurs when an offense or multiple offenses were committed against a complainant, during an ongoing situation that occurs in different precincts and/or boroughs. SCOPE Proper complaint reporting is essential for statistical analysis, discovery of crime patterns and trends, efficient deployment of resources, and uniform crime reporting. Every member of the service involved in this process has a responsibility and obligation to ensure the integrity of this vital, strategic resource. WHERE RECORDED Complaints shall be recorded in the precinct of occurrence except as follows: a. Complaints received from a member or members of the community regarding Vice, Narcotics, or Organized Crime related offenses (see P.G. 207-08, "Preliminary Investigation of Vice Related, Narcotics, or Organized Crime Related Complaints") shall be recorded at the Investigative Support Division, Organized Crime Control Bureau, EXCEPT: (1) pick-up arrests for such offenses will be recorded at the precinct of arrest; (2) found controlled substances or drug paraphernalia IN A BUILDING shall be recorded in the precinct of occurrence; (3) found controlled substances two ounces or less (NOT IN A BUILDING), or found marijuana two pounds or less, requiring investigation will be recorded in the precinct of occurrence. b. Complaints of missing New York City residents shall be recorded at the missing person's resident precinct. c. Complaints occurring on piers, bulkheads, or dead human bodies found in navigable waters will be recorded at the precincts in which such piers or bulkheads are located or bordering the navigable waters where such bodies were found. d. Complaints occurring on waterways or islands inaccessible to patrol precinct personnel will be recorded in the precincts of record after investigation by Harbor Unit personnel. e. Complaints of lost property will be recorded in the precinct where complainant first discovered loss, if actual place of occurrence is unknown. f. Overdue leased/rented vehicle will be recorded either in the precinct where the vehicle was leased/rented or at the precinct where the vehicle is expected to be returned. g. A complaint involving multiple offenses occurring from a continuous ongoing event, in which the initial offense occurred in one precinct, and one or more of the additional offenses occurred in another precinct, will be recorded in the precinct in which the initial offense was committed EXCEPT: h. For a continuous event, the complaint will be recorded in the precinct in which the initial offense was committed unless the continuous event includes a homicide or Rape 1st Degree or a Criminal Sexual Act 1st Degree. (1) If the continuous event includes a homicide, the complaint will be recorded in the precinct where the homicide occurred, if known. If the location of occurrence is unknown, the homicide will be recorded in the precinct where the victim was discovered. (2) If the continuous event involves a Rape 1st Degree or a Criminal Sexual Act 1st Degree, the complaint will be recorded as follows: [a] If the location of the rape/criminal sexual act is KNOWN, the complaint will be recorded in the precinct where the rape/criminal sexual act occurred. NOTE: If the rape/criminal sexual act occurred in more than one precinct, the incident will be recorded in the precinct where the initial rape/criminal sexual act occurred. [b] If the location of the rape/criminal sexual act is UNKNOWN, but the location of the initial offense is KNOWN, e.g., abduction prior to rape, the complaint will be recorded in the precinct where the initial offense occurred. [c] If the location of the rape/criminal sexual act is UNKNOWN, and the location(s) of all other associated offenses are UNKNOWN, the complaint will be recorded in the precinct where the complainant reports the incident. NOTE: The guidelines above will also apply in determining the appropriate jurisdiction code to be assigned to the COMPLAINT REPORT (i.e. NYPD -"00", Transit -"01", Housing -"02"). HOUSING BUREAU INCIDENTS: In a continuous event that begins on-development but ends off-development, or vice versa, the jurisdictional determinant will be the location where the incident originally started. For example, a continuous event that starts on a housing development but ends off-development, will be recorded as being under the jurisdiction of the NYPD Housing Bureau. TRANSIT BUREAU INCIDENTS: Complaints under the jurisdiction of the Transit Bureau, that occur on a moving train, will be recorded as occurring at the next (very first) station where the train stops, regardless of precinct or borough boundaries. In a continuous event that begins on-transit system but ends off-transit system, or vice versa, the jurisdictional determinant will be the location where the incident originally started. For example, a continuous event that starts on a subway train but ends in the street, will be recorded as being under the jurisdiction of the NYPD Transit Bureau. COMPLAINT REPORTING SYSTEM FORMS * COMPLAINT REPORT WORKSHEET (PD313-152A) - Used by reporting members to report all complaints. The "Crime Incident Data" captions on the reverse side of the form will be utilized when reporting ALL crimes and violations. * COMPLAINT REPORT (PD313-152) - A report generated by the OLCS and prepared from the information recorded on the COMPLAINT REPORT WORKSHEET submitted by the reporting member. * OLCS INDEX - A report generated by the OLCS which is used to chronologically record complaints received and also serves as a catalog of complaints for a particular precinct. * COMPLAINT FOLLOW-UP (blue) and SECOND SHEET (PD313-081) - Used by reporting/investigating officers to report additional information as per P.G. 207-09, "Follow-Up Investigation of Complaints Already Recorded." * COMPLAINT FOLLOW-UP INFORMATIONAL (pink) and SECOND SHEET (PD313-081A) Used by reporting/investigating officers to report additional information NOT reported on a COMPLAINT FOLLOW-UP (blue) as per P.G. 207-09, "Follow-Up Investigation of Complaints Already Recorded." PROCEDURE Members of the service will record the following complaints on COMPLAINT REPORTS: 1. Complaints and pick-up arrests for crimes and violations except those complaints NOT RECORDED ON COMPLAINT REPORTS (see P.G. 207-02,"Complaints Not Recorded on the On-Line Complaint System.") 2. Complaints and pick-up arrests for juveniles charged as Juvenile Offenders (see P.G. 215-04, "Family Court Warrant for Child Abuse/Neglect Cases.") 3. Pick-up arrests of juveniles taken into custody and charged with juvenile delinquency (see P.G. 215-09, "Offense Committed by a Child Under 16 Years of Age (Other than a Juvenile Offender.") 4. Complaints of juvenile delinquency for selected offenses as follows: a. Felonies b. Unlawful Assembly - Section 240.10, Penal Law c. Unlawful Possession of Weapons by person under sixteen years of age - Section 265.05, Penal Law d. Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances - Section 265.10, Penal Law e. Prohibited Use of Weapons - Section 265.35, Penal Law f. Possession of Burglar's Tools - Section 140.35, Penal Law g. Jostling - Section 165.25, Penal Law h. Fraudulent Accosting - Section 165.30, Penal Law i. Criminal Possession of Stolen Property, 5th Degree - Section 165.40, Penal Law j. Escape, 3rd Degree - Section 205.05, Penal Law k. Issuing Abortional Articles - Section 125.60, Penal Law l. Endangering the Welfare of a Child - Section 260.10, Penal Law m. Obscenity and related offenses - Article 235, Penal Law n. Permitting Prostitution - Section 230.40, Penal Law o. Promoting Prostitution - Section 230.20, Penal Law p. Sex Offenses - Article 130, Penal Law q. Controlled Substances Offenses - Article 220, Penal Law. 5. Complaints of lost property. 6. Found controlled substances, marijuana, and/or drug paraphernalia under certain circumstances as per P.G. 207-08, "Preliminary Investigation of Vice Related, Narcotics or Organized Crime Related Complaints." 7. Pistols, revolvers, or other dangerous weapons possessed by a person or found under circumstances requiring investigation. 8. Motor vehicle/bicycle collisions which results in death, serious injury and likely to die, or critical injury to an individual. 9. Motor vehicle/bicycle collisions to which Highway District units respond and conduct an investigation. 10. A deceased person for which this Department must notify the Medical Examiner (see P.G. 216-04, "Dead Human Body.") 11. ALL verified incidents of work disruptions at city construction sites. 12. Any act which would not ordinarily constitute an offense but is a violation of the conditions of an Order of Protection (see P.G. 208-36, "Family Offenses/Domestic Violence") or an incident of suspected child abuse (see P.G. 215-03, "Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children.") 13. A complaint of a missing person will be recorded on both an On Line COMPLAINT REPORT (WORKSHEET is not required) and a MISSING/UNIDENTIFIED PERSON REPORT (PD336-151) using the same complaint number for both reports. ADDITIONAL DATA When multiple offenses have occurred, for crime reporting purposes, the incident will be classified based on the "top," or most serious offense under the hierarchy generally known as the "Seven Major Felony Rule." The order of offenses under that rule, beginning with the most serious, is as follows: a. Murder and Non-Negligent Manslaughter b. Forcible Rape/Rape 1st c. Robbery d. Felonious Assault e. Burglary f. Grand Larceny g. Grand Larceny, Motor Vehicle (a grand larceny motor vehicle coupled with a grand larceny from the vehicle will be classified as a Grand Larceny, Motor Vehicle). The attempt to commit any of the above offenses will be counted as the completed offense, except Attempted Murder, which will be counted as a Felonious Assault. Under this Seven Major Felony Rule, a murder/robbery is classified as Murder; a rape 1st/robbery, or rape 1st/felonious assault, or rape 1st/burglary is classified as Rape 1st. Any of the seven major felonies coupled with any other offense not within the seven major felony category will be classified as the appropriate major felony. For example: a. Murder/kidnapping will be classified as Murder; b. Rape 1st/kidnapping will be classified as Rape 1st; c. Robbery/criminal sexual act 1st will be classified as a Robbery; d. Robbery/kidnapping will be classified as a Robbery. If any of the reported offenses are not one of the seven major felonies, the crime classification will be determined in the following order: a. Sort by CATEGORY - Felony before misdemeanor before violation; b. Sort by CLASSIFICATION - If all felonies: Select "A" before "B" before "C", etc. If all misdemeanors: Select "A" before "B" before "Unclassified"; c. Sort by DEGREE - If all offenses are "B" felonies, select "1st degree" before "2nd degree" before "3rd degree", etc. d. Sort by PENAL LAW ARTICLE AND SECTION - If all offenses are 2nd degree "B" felonies, select Article 140, before Article 150, etc. The OLCS will automatically assign a complaint number to each complaint. Proper preparation of Complaint Reporting System forms requires that when space is insufficient to complete entries, additional forms will be prepared as follows: FORM BEING PREPARED ADDITIONAL FORM TO BE USED COMPLAINT REPORT WORKSHEET COMPLAINT REPORT WORKSHEET COMPLAINT FOLLOW-UP (blue) COMPLAINT FOLLOW-UP SECOND SHEET COMPLAINT FOLLOW-UP COMPLAINT FOLLOW-UP INFORMATIONAL (pink) INFORMATIONAL SECOND SHEET The following situations are applicable to the above: a. Space is insufficient in the "Property" area of the COMPLAINT REPORT WORKSHEET or COMPLAINT FOLLOW-UP (blue). "Property" information may also be continued in the "Details" area of the COMPLAINT FOLLOW-UP (blue), providing sufficient room exists and entries are clearly distinguishable from other "Details" information. b. Space is insufficient in the "Details" area of the forms. For COMPLAINT REPORT WORKSHEETS only, when required to record additional victims, witnesses, vehicles, property, and/or perpetrators that do not fit in the captions on the worksheet, use another WORKSHEET and not the details area. DO NOT enter basic information in details section but utilize appropriate captions on form(s). Use as many worksheets as is necessary (e.g., 10 victims then use 10 forms; 10 perpetrators then use 5 forms). A SEPARATE COMPLAINT REPORT WILL BE PREPARED FOR: a. EACH homicide victim (victim is complainant) b. EACH perpetrator of a crime who is killed c. EACH individual killed, seriously injured and likely to die, or critically injured as a result of a motor vehicle/bicycle collision d. EACH victim of a sex offense e. EACH victim of an assault EXCEPT if incidental to a sex offense or robbery f. EACH additional person injured in an arson (assault by fire/explosive). A new COMPLAINT REPORT will be prepared and a separate serial number assigned to record Criminal Possession of Stolen Property when the person arrested is NOT charged with the original crime (e.g., burglary, larceny, grand larceny auto, etc.). In cases where more than two wanted or arrested persons are being reported on a COMPLAINT FOLLOW-UP (blue) or COMPLAINT FOLLOW-UP INFORMATIONAL (pink), another such form, not a SECOND SHEET, will be used. The additional forms prepared must be securely stapled to the basic document before forwarding, and the following captions on the forms will be completed: a. Page _______ of _______ pages b. PRECINCT c. COMPLAINT NUMBER d. DATE Certain time limits are necessary to maintain the integrity of the crime reporting system. Therefore, COMPLAINT REPORTS must be reviewed and finalized within 24 hours of taking the report. Desk officers must transmit complaints by the conclusion of each tour. Commanding Officers will ensure that desk officers/counterparts are reviewing and transmitting all complaints entered into the OLCS as per these guidelines. ALL FOLLOW-UP reports are not currently processed via OLCS. Therefore, the COMPLAINT FOLLOW-UP (blue) must be forwarded to the Data Integrity Unit and COMPLAINT FOLLOW-UP INFORMATIONAL (pink) must be forwarded to the Criminal Records Section and prepared for manual electronic storage. Staples should NOT be used as they hamper the storage processing. These reports must be forwarded to the appropriate units within 24 hours of preparation. Regarding taxicab robberies or attempts, enter in caption "OFFENSES, if any," Robbery/medallion or non-medallion taxicabs, as appropriate. Make a notation under "DETAILS" whether or not taxi was equipped with a partition or had any other safety devices installed and location from where passenger was picked up. COMPLAINT REPORT WORKSHEET and appropriate copies of COMPLAINT FOLLOW-UP (blue), or COMPLAINT FOLLOW-UP INFORMATIONAL (pink), if any, must be preserved, even if the information is later transferred word for word to permanent records. Such forms/reports will be attached to the precinct file copy of the relevant COMPLAINT REPORT. When using the OLCS for any reason, the MOS utilizing the system must use his/her own authorization (password). FORMS AND COMPLAINT COMPLAINT COMPLAINT COMPLAINT REPORTS FOLLOW-UP and SECOND SHEET (PD313-081) FOLLOW-UP INFORMATIONAL and SECOND SHEET (PD313-081A) REPORT (PD313-152) REPORT WORKSHEET (PD313-152A) P.G. 207-02 Complaints Not Recorded On Complaint Report Date Effective: 08-01-13 COMPLAINT 1. Complaints of Juvenile Delinquency (Except selected offenses listed in P.G. 207-01, "Complaint Reporting System"). HOW RECORDED OR REFERRED * JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) see P.G. 215-08, "On-Line Juvenile Report System." 2. Truancy * YOUTH REFERRAL (PD377-153) see P.G. 215-07, "Truants." 3. Persons in need of supervision (PINS) male/female less than eighteen years of age. * JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) (see P.G. 215-08, "On-Line Juvenile Report System"). 4. Persons wanted for crimes in or by other jurisdictions. * Referred to detective squads concerned for appropriate follow-up. 5. Civilian Complaints made against uniformed members of the service under the jurisdiction of the Civilian Complaint Review Board. * CIVILIAN COMPLAINT REPORT (PD313-154), CIVILIAN COMPLAINT REPORT STATISTICAL SUMMARY SHEET (PD313-154B), inform Civilian Complaint Review Board and make Command Log entry, (if no Command Log then prepare Typed Letterhead) see P.G. 207-31, "Processing Civilian Complaints." 6. Civilian Complaints made against civilian members of the service, including Traffic Enforcement Agents. * CIVILIAN COMPLAINT REPORT (PD313-154), CIVILIAN COMPLAINT REPORT STATISTICAL SUMMARY SHEET (PD313-154B), inform Internal Affairs Bureau and make Command Log entry (if no Command Log then prepare Typed Letterhead) see P.G. 207-31, "Processing Civilian Complaints." 7. Allegation of corruption and/or serious misconduct and/or misconduct involving another member of the service. * Internal Affairs Bureau, see P.G. 207-21, "Allegations Of Corruption And Other Misconduct Against Members of The Service.") 8. Allegation of corruption and/or serious misconduct and/or misconduct against self. * Call supervising officer to scene, see P.G. 207-21, "Allegations Of Corruption And Other Misconduct Against Members Of The Service.") 9. Allegation of corruption and/or serious misconduct and/or misconduct against any * Commanding Officer (if absent, highest ranking supervisor) and Internal Affairs Bureau, see federal, state, or city employee other than a member of the service. P.G. 207-22, "Allegations Of Corruption Against City Employees Other Than Members Of The New York City Police Department." 10. Unnecessary noise violations. * Referred to uniformed members of the service on patrol see P.G. 214-23, "Unnecessary Noise Violations General Prohibition"). 11. Found Property 12. Arrest by and/or * Command Log entry and forward REPORT OF UNCLAIMED PROPERTY (PD542-122) to Stolen Property Inquiry Section. See P.G. 218-26, "Processing Found Property." for other * OLBS ARREST WORKSHEET authorities. (PD244-159) detained for authority concerned. 13. Arrest on a warrant for which a COMPLAINT REPORT was previously prepared or for which a parking or personal summons was previously issued. * OLBS ARREST WORKSHEET (PD244-159) 14. Arrest of a civil nature material witness, paternity warrant, etc. * OLBS ARREST WORKSHEET (PD244-159) 15. PICK-UP ARRESTS FOR THE FOLLOWING OFFENSES WILL BE RECORDED ON OLBS ARREST WORKSHEET (PD244-159) when there are NO ADDITIONAL CHARGES which require a complaint report: a. Summonsable regulations of the New York City Administrative and Health Codes. b. Rules and Regulations of the Parks Department. c. Section 140.05, Penal Law - Trespass (Violation). d. Section 140.10, Penal Law - Criminal Trespass, 3rd Degree (B Misdemeanor). e. Section 240.40, Penal Law - Appearance in public under the influence of narcotics or drugs other than alcohol (Violation). f. Section 240.20, Penal Law - Disorderly Conduct (Violation). g. Section 165.15, Penal Law - Theft of Services (A Misdemeanor). h. Section 230.00, Penal Law - Prostitution. i. Section 240.37, Penal Law - Loitering for the purpose of: (1) Engaging in Prostitution (Violation or B Misdemeanor if previously convicted of Sections 230.00 or 230.05, Penal Law) (2) Patronizing a Prostitute (Violation or B Misdemeanor if previously convicted of Sections 230.00 or 230.05, Penal Law) (3) Promoting Prostitution (A Misdemeanor). j. Section 240.35, Penal Law - Loitering (Violation) (EXCEPT subdivision two for which a COMPLAINT REPORT will be prepared and forwarded as per instructions in P.G. 207-08, "Preliminary Investigation Of Vice Related, Narcotics Or Organized Crime Related Complaints"). NOTE: When an arrest has been made exclusively for the offenses listed in items 'a' through 'j' above, the On Line Complaint System will reject the COMPLAINT REPORT. When the above offenses involve multiple arrests stemming from the same incident, enter the letter "C" in the COMPLAINT NUMBER BOX (Line 28) of the ON LINE BOOKING SYSTEM ARREST WORKSHEET and C-1, C-2 for each subsequent arrest, e.g., C-7 would indicate eight persons have been arrested. FORMS AND REPORTS CIVILIAN COMPLAINT REPORT (PD313-154) CIVILIAN COMPLAINT REPORT STATISTICAL SUMMARY SHEET (PD313-154B) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) REPORT OF UNCLAIMED PROPERTY (PD542-122) YOUTH REFERRAL (PD377-153) RELATED PROCEDURES Allegations of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21) Allegations of Corruption Against City Employees (Other than Members of the NYPD) (P.G. 207-22) Processing Civilian Complaints (P.G. 207-30) Unnecessary Noise Violations - General Prohibitions (P.G. 214-23) Truants (P.G. 215-07) On-Line Juvenile Report System (P.G. 215-08) Processing Found Property (P.G. 218-26) P.G. 207-03 Voiding Complaint Reports Date Effective: 08-01-13 PURPOSE To eliminate complaints which were improperly recorded. PROCEDURE To VOID COMPLAINT REPORT (PD313-152) after assignment of a precinct serial number by the OLCS: DESK OFFICER 1. Determine if complaint should be voided. A complaint should be voided if: a. The complaint is a duplicate of a previously reported incident, or b. The incident occurred within the confines of another precinct, or c. The incident occurred outside the confines of New York City, or d. A COMPLAINT REPORT was prepared for a complaint which should have been recorded in another manner e.g., an allegation of corruption against an MOS; a precinct complaint number was used for a complaint which should receive an OCCB number; a precinct complaint number was used for an incident/condition which should have been recorded via P.G. 212-12, "Citywide Intelligence Reporting System", etc. 2. Determine if COMPLAINT REPORT has been finalized (i.e., signed-off) in the OLCS. IF COMPLAINT REPORT HAS NOT BEEN FINALIZED: COMMAND CLERK 3. Enter reason(s) for voiding complaint under "Details" on COMPLAINT REPORT WORKSHEET. 4. Have COMPLAINT REPORT WORKSHEET filed chronologically in rear of precinct complaint file. 5. Utilize VOID function on the OLCS menu to properly document the VOIDED complaint in the OLCS. IF COMPLAINT REPORT HAS BEEN FINALIZED: DESK OFFICER 6. Have command clerk prepare COMPLAINT FOLLOW-UP (PD313-081). COMMAND CLERK 7. Reclassify original offense to "VOIDED." 8. Enter under "Details" on COMPLAINT FOLLOW-UP: a. The specific reason for voiding the original complaint. (1) If complaint referred to another command indicate the new command and new OLCS serial number from that command. (2) If the complaint is a duplicate of a previously reported complaint, indicate the reason for voiding as "Duplicate Report" and the original complaint serial number. 9. Attach precinct of record copy of COMPLAINT FOLLOW-UP to precinct file copy of voided COMPLAINT REPORT. DESK OFFICER 10. Ensure that COMPLAINT FOLLOW-UP is distributed in same manner as voided COMPLAINT REPORT. NOTE: After a COMPLAINT REPORT has been finalized, a complaint serial number (voided or not) cannot be changed or reused in the OLCS. Any notifications made prior to voiding complaint will be amended after the COMPLAINT REPORT is voided. ADDITIONAL DATA There is a distinction between voided complaints and unfounded complaints. A voided complaint is one in which the COMPLAINT REPORT should not have been prepared. An unfounded case is one in which the report should have been prepared but subsequent information leads to the determination that the case should be classified as unfounded (e.g., a voided case is one in which a JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) rather than a COMPLAINT REPORT should have been prepared; an unfounded case is one in which a vehicle is reported stolen by a complainant and later a tow company informs the precinct that the vehicle was legally towed). RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Complaints Not Recorded On Complaint Report (P.G. 207-02) Citywide Intelligence Reporting System (P.G. 212-12) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) P.G. 207-04 Reporting Of Complaints Occurring In Another Command Date Effective: 08-01-13 PURPOSE To refer certain complaints occurring in another command. SCOPE Complaint data entered into the OLCS from a command LAN terminal will automatically be made available via computer to a transit district covered by that precinct. Conversely, complaint data entered into the OLCS from a transit district LAN terminal will automatically be made available via computer to a precinct covered by that district. This on-line process will NOT occur if the precinct and transit district boundaries do not overlap. Therefore, when a member of the service in a precinct takes a complaint pertaining to an incident that occurred within a transit district covering that precinct, the complaint will be entered into the OLCS by that precinct's personnel and will be finalized by the transit district desk officer. Similarly, when a member of the service in a transit district takes a complaint pertaining to an incident that occurred within a precinct covering that district, the complaint will be entered into the OLCS by that district's personnel and will be finalized by the precinct desk officer. Transit desk officers will be responsible for finalizing ALL complaints under their jurisdiction (i.e., code 01). In any event, the procedure below MUST be followed for ALL complaints occurring in another command even where the automated transfer of data takes place in order to allow the precinct/district concerned to review COMPLAINT REPORT WORKSHEET (PD313-152A) prior to finalization. PROCEDURE When informed of a complaint which occurred in another command: MEMBER OF THE SERVICE 1. Thoroughly interview complainant and obtain facts. 2. Prepare COMPLAINT REPORT WORKSHEET. 3. Give COMPLAINT REPORT WORKSHEET to desk officer. DESK OFFICER (PRECINCT TAKING REPORT) 4. Ensure applicable complaint reporting guidelines have been followed (see especially P.G. 207-07, "Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints"). 5. Sign COMPLAINT REPORT WORKSHEET and give to stationhouse clerk. COMMAND CLERK (PRECINCT TAKING REPORT) 6. Telephone/Fax COMPLAINT REPORT WORKSHEET to precinct/transit district of record. NOTE: DO NOT input data into the precinct/transit district OLCS UNLESS the incident which required the preparation of the COMPLAINT REPORT WORKSHEET occurred within the boundaries of the precinct/transit district of record (see SCOPE statement). If COMPLAINT REPORT WORKSHEET is faxed (not telephoned) to precinct/transit district of record, the precinct/district of record will retain and file the faxed copy, i.e., the fax is NOT to be discarded. 7. Enter precinct and/or transit district of record and title/rank, name of member of the service receiving complaint at precinct/transit district of record under "Details" on COMPLAINT REPORT WORKSHEET. 8. Retain COMPLAINT REPORT WORKSHEET in command file. COMMAND CLERK, PRECINCT/TRANSIT DISTRICT OF RECORD 9. Record and process complaint as if received directly from complainant and comply with provisions of P.G. 207-07, "Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints"). a. If report was faxed, retain faxed copy in command file. ADDITIONAL DATA A complaint received in writing is forwarded direct to precinct/transit district of record. COMPLAINT REPORT is not prepared in the command that forwarded the report. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 207-05 Duplicate Copies Of Complaint Reports Date Effective: 09-06-13 PURPOSE To have the reporting command forward finalized duplicate copies of COMPLAINT REPORTS (PD313-152) to other commands or agencies. PROCEDURE When other commands or agencies require duplicate copies of the COMPLAINT REPORT. DESK OFFICER 1. Upon finalization in OLCS, direct the command clerk to send a duplicate copy of the COMPLAINT REPORT to the command or agency as follows: COMPLAINT DUPLICATE COPY FOR 1. Occurring on Property of Transit Authority * New York City Transit 2. Occurring on Property of Housing Authority * New York City Housing Authority 3. Pistol licensee cannot be found or fails to produce his/her pistol * License Division, Pistol License Section 4. Involving Conduct of Attorneys * Deputy CommissionerLegal Matters 5. Occurring on piers and bulkheads; boats in docks, secured at piers or bulkheads and on waterways within New York City; all incidents involving boats and jet skis (i.e., thefts of or from); evidence or contraband disposed of in the various city waterways, including lakes, ponds and rivers. * Harbor Unit 6. Involving pharmacist, drug wholesaler, manufacturer or associated person re: manufacture, sale or distribution of drugs * State Board of Pharmacy 7. Pickpocket and confidence game * Special Frauds Squad 8. Involving credit cards * Special Frauds Squad 9. Involving dealers in rifles or shotguns, licensed by the Firearms Control Board * License Division, Rifle and Shotgun Section 10. Lost/stolen Auxiliary Police Shield * Auxiliary Police Section 11. Lost, stolen rifles or shotguns, or * License Division, rifles or shotguns used in commission of a crime which have been recovered Rifle and Shotgun Section 12. Involving actual bombing or threat of bombing * Internal Revenue Service Assistant Regional Commissioner, Alcohol, Tobacco and Firearms Division 13. Involving food stamps * U.S. Department of Agriculture 14. Occurring on Board of Education property * School Safety Division or involves personnel of Board of Education 15. Involving property theft exceeding * FBI, Major Theft Squad $5,000 and property is identifiable through * Major Case Squad serial numbers or markings (excluding autos) 16. Involving licensed tow car owner/operator * Department of Consumer Affairs 17. Involving arson or stolen/recovered explosives * Arson and Explosion Squad 18. Involving arson, attempted arson, or related criminal mischief * New York City Fire Department, Division of Fire Investigation 19. Occurring in a New York City Municipal garage or Municipal parking lot * New York City Department of Transportation, Bureau of Traffic Operations 20. Occurring on Federal facility * Federal Protective Service 21. Occurring on L.I.R.R. facility/Metro-North facility * M.T.A. Police 22. Occurring on CSX Transportation Company facility * CSX Police 23. Occurring on property under jurisdiction * Health and Hospitals of NYC Health and Hospital Corporation Corporation 24. Occurring on Port Authority facility * Port Authority Police 25. Occurring on property under jurisdiction * NYC Department of Parks of NYC Department of Parks & Recreation & Recreation 26. Robbery/attempted robbery and homicide/attempted homicide of drivers of medallion taxicabs, non-medallion for-hire vehicles, and delivery trucks. * Central Robbery Division, Taxi Squad 27. Burglary, larceny or criminal mischief of public fallout shelter * Auxiliary Police Section 28. Complaints affecting Police Headquarters * Police Headquarters Area Security Unit 29. Impersonation of Police Officer * Internal Affairs Bureau (Police Impersonation Investigation Unit) 30. Lost/stolen Department property * Quartermaster Section and patrol borough, detective borough or bureau concerned 31. Department of Health employees or persons impersonating Department of Health employees * Inspector General, Department of Health 32. Involving suicide/suspicious deaths of U.S. Army members or their immediate family dependents * U.S. Army Criminal Investigation Division 33. Any incident involving licensed yellow * NYC Taxi and Limousine medallion taxis, for-hire vehicles Commission (liveries/limousines) or their owner/drivers 34. A complaint against a federal, state or * Internal Affairs Bureau city employee other than a member of the service, that does not involve an allegation of corruption and/or serious misconduct and/or misconduct (for example, driving while intoxicated or domestic violence) 35. Complaints of: (1) Rape or Attempted Rape *Borough Special Victims Squad (2) Criminal Sexual Act or Attempted Criminal Sexual Act * In Boroughs of Brooklyn, and Queens, forward copy of child abuse complaints to Brooklyn or Queens Child Abuse Squad, as appropriate,instead of Special Victims Squad (3) Sexual Abuse, 1st degree (4) Aggravated Sexual Abuse (5) Child Abuse: victim less than eleven years of age OR any allegation of any sex crime and victim is less than thirteen years of age NOTE: ANY complaint involving sex related offences, including secondary offenses that are sex related, requires a duplicate copy of the COMPLAINT REPORT (PD313-152) to be forwarded to the designated Special Victims Squad. 36. Any graffiti incident involving defacement of public or private property * Citywide Vandals Task Force 37. Defacement of New * Citywide Vandals Task York City Transit facility property or the theft of any material from New York City Transit facilities (e.g., copper cable) Force 38. Involving Identity Theft * Organized Theft and Identity Theft Task Force 39. Any offense and prisoner is a registered sex offender * Sex Offender Monitoring Unit FORMS AND REPORTS COMPLAINT REPORT (PD313-152) P.G. 207-06 Notifications Date Effective: 10-16-13 PURPOSE To make special notifications for certain complaints. PROCEDURE Special notifications will be made upon receipt of the following complaints: DESK OFFICER 1. Notify the Operations Unit direct for: COMPLAINT OPERATIONS UNIT TO NOTIFY * Counterfeit/forged U.S. Government obligations * U.S. Treasury Department, Secret Service Bureau * Employee, Department of Health, or person impersonating such employee * Inspector General, Dept. of Health AND Command Center, IAB * Criminal impersonation of tax official, extortion/bribery involving employee, Department of Finance * Inspector General, Dept. of Finance AND Command Center, IAB * Involving property of U.S. Postal Service or postal employees performing official duty * Postal Inspector-inCharge, N.Y.C. AND Command Center, IAB * Contraband weapons * Alcohol, Tobacco and Firearms Division of Internal Revenue Service * Actual/suspected tampering, consumer products * New York State Police Home invasion robbery Organized Crime Control Bureau Field Operations Desk 2. Notify units/agencies DIRECTLY for the following: a. Child under eighteen years of age: ABUSED, NEGLECTED OR MALTREATED notify New York State Child Abuse and Maltreated Register. b. IMPERSONATION OF A POLICE OFFICER - notify Command Center, Internal Affairs Bureau at (212) 741-8401. NOTE: Do not refer complaint to the Internal Affairs Bureau for investigation unless otherwise instructed by the IAB Command Center supervisor. Forward a copy of COMPLAINT REPORT (PD313-152) to Command Center in a sealed envelope. c. INVOLVING PRIVATE CARTING INDUSTRY, CITY OWNED WHOLESALE MARKETS, OR BOATS INVOLVED IN OFF SHORE SHIPBOARD GAMBLING EMANATING FROM NEW YORK CITY LOCATIONS - notify Business Integrity Commission, via the Organized Crime Control Bureau, Field Operations Desk. NOTE: The Business Integrity Commission is responsible for the following City owned Wholesale Markets: ( Gansevoort Meat Market, 556-89 West Street, Manhattan (6 Pct.) ( The New Fulton Fish Market Cooperative at Hunts Point Inc, 800 Food Center Drive, Bronx (41 Pct.) ( Hunts Point Cooperative Market Inc, 355 Food Center Drive, Bronx (41 Pct.) ( NYC Terminal Produce Cooperative Market, Halleck and Spofford Streets, Bronx (41 Pct.) ( Brooklyn Terminal Market, 8925 Foster Avenue, Brooklyn (69 Pct.) ( Brooklyn Terminal Meat Market, 5600 First Avenue, Brooklyn (72 Pct.). PUBLIC WELFARE AND PUBLIC ASSISTANCE FRAUDS: UNIFORMED MEMBER OF THE SERVICE 3. Provide commanding officer with any information received regarding Public Welfare and Public Assistance Frauds. COMMANDING OFFICER 4. Submit a report of the details of the information received directly to the Police Commissioner to be forwarded to the Human Resources Administration Administrator/Commissioner of the Department of Social Services for investigation and appropriate action. a. Forward a duplicate copy of the report through channels. ADDITIONAL DATA Ordinarily a summary arrest will NOT be made on complaints of Public Welfare and Public Assistance Frauds unless other elements are present, i.e., safety of the officer or other persons. Allegations of corruption and/or serious misconduct involving any federal, state or city employee, other than a member of the service, will be processed in accordance with P.G. 207-02, "Complaints Not Recorded On Complaint Report." The Chief of Internal Affairs, will be responsible for notification and disbursement of information pertaining to such allegation, to the appropriate agency. Whenever a member of this Department (other than a member assigned to Internal Affairs Bureau, Detective Bureau or the Organized Crime Control Bureau) requires the assistance of the Immigration and Naturalization Service in connection with a criminal investigation, a notification will be made to the Intelligence Bureau twenty-four hours a day, seven days a week. Intelligence Bureau will process the request and the member requesting assistance will provide the Intelligence Bureau with all pertinent details and advise whether the request is of a routine or emergency nature. Intelligence Bureau will maintain a log of any such requests for assistance. Routine requests for assistance will be telephoned to the Immigration and Naturalization Service at 0800 hours each weekday morning by members assigned to the Intelligence Bureau. The Immigration and Naturalization Service will be requested to contact the requesting member of this Department. Emergency requests for assistance will be made by the Intelligence Bureau to the designated after hours Immigration and Naturalization Service supervisor or selected agent. The requesting member of the service will be notified by the Intelligence Bureau of the response that was provided by Immigration and Naturalization Service. Their response may include opening their file rooms on an after hours basis and/or to have an agent respond to a particular location. It will be the responsibility of the requesting member of the service to notify the Intelligence Bureau if Immigration and Naturalization Service fails to respond to the initial request for assistance. RELATED PROCEDURES Complaints Not Recorded On Complaint Report (P.G. 207-02) Duplicate Copies Of Complaint Reports (P.G. 207-05) On-Line Booking System Computerized Arrest Notification Printout (P.G. 208-68) Notifications - Certain Arrest Situations (P.G. 208-69) Emergency Removal or Investigation and Reporting of Abused, Neglected or Maltreated Children (P.G. 215-03) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) P.G. 207-07 Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints) Date Effective: 06-16-14 PURPOSE To investigate, record and refer complaints (other than vice, narcotics or organized crime related complaints). DEFINITION ACTIVE CASE - Investigation has not been exhausted or complaint has not been classified as closed. CLOSED CASE - A complaint which has been investigated and: a. Results have been obtained in full, or b. Results have been obtained in part and no further results can be obtained, or c. No results can be obtained, or d. Complaint referred to court for process, or e. Complaint is unfounded. UNFOUNDED CASE - One in which: a. An offense is reported and, as a result of subsequent information, it is determined that no offense occurred (this includes complaints determined to be of a civil nature only). b. A report of lost property by a complainant who later reports having misplaced the property and found it. PROCEDURE When assigned to investigate a complaint: UNIFORMED MEMBER OF THE SERVICE 1. Interview complainant and witnesses, obtain facts, and safeguard evidence. NOTE: If a complainant or witness appears to have difficulty understanding/communicating in English, the member of the service receiving the complaint should comply with P.G. 212-90, "Guidelines for Interaction with Limited English Proficient (LEP) Persons." If a complainant or witness appears to be hearing impaired, the member of the service receiving the complaint should comply with P.G. 212-104, "Interaction with Hearing Impaired Persons." 2. Conduct thorough field investigation a. Transmit alarm, if necessary b. Where necessary, attempt to have witnesses remain and immediately record their names, addresses, telephone numbers, dates of birth, any relevant statements whether casually or formally made, and any other pertinent information. NOTE: If investigation disclosed the identity of a person, present or not, and there is insufficient evidence to make an arrest, a warrant check will be conducted through the FINEST System or Warrants Section prior to closing the case. 3. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). a. Indicate in the appropriate box on COMPLAINT REPORT WORKSHEET (PD313-152A) above the "details" section whether an interpreter was used during the preliminary investigation and list the name, address, and telephone number of the interpreter, as appropriate b. Indicate "yes" and the appropriate language under the caption "Is interpreter needed for further investigation" in the victim and reporter/witness, sections of the COMPLAINT REPORT WORKSHEET, if the listed person has apparent difficulty understanding/communicating in English, regardless of whether or not further investigation is required. c.Indicate "Yes" or "No," as appropriate, in the "Victim of Similar Incident" caption located within the "Victim" section. NOTE: If complainant is age sixty-five years or older and was the victim of a similar crime while sixty-five years or older, enter statement "victim of a similar crime," including the time frame between the crimes, in the "Details" section (e.g., Victim of a similar crime approximately two years ago). 4. Determine if complaint should be closed or referred for further investigation. NOTE: The main criteria for referring a complaint is the need for further investigation that cannot be conducted by the field investigator, or the need of a specialist. If doubt exists as to whether a complaint should be closed or not, or whether the service of a specialist may be required, consult with patrol supervisor or desk officer. 5. Notify and refer the case to the detective squad when further investigation is required for the following: a. Any offense and victim suffers a serious physical injury including assault. b. Robbery and firearm or dangerous instrument was used or senior citizen (sixty years of age or older) is victim. NOTE: If a Burglary/Robbery Apprehension Module exists, notify them in lieu of the detective squad. c. Burglary and person present or property valued over $5,000.00 ($10,000.00 in Manhattan) was taken or firearm or safe involved. d. Crime was committed with a unique/unusual modus operandi. e. Complainant was the victim of the same or similar crime within the last six months. f. Perpetrator may be identified or is known. g. Similar crimes have been committed in the vicinity. h. Complainant, or offense committed, may create unusual community or police interest. i. Impersonation of a police officer or other law enforcement officer. NOTE: An impersonation of a law enforcement officer coupled with a robbery will be referred to the Internal Affairs Bureau - Police Impersonation Investigation Unit (PIIU) not the detective squad. Also, a notification to Internal Affairs must be made for any police impersonation, see P.G. 207-14, "Robbery Complaints Involving Police Impersonation." The Special Victims Squad concerned will investigate robberies committed by police impersonators, which include sexual assault, and the Police Impersonation Investigation Unit will assist in the investigation. j. Identity Theft. NOTE: The Financial Crimes Task Force will be responsible for the investigation of all cases involving identity theft related larcenies where loss is valued at $5,000 or more, or there is a pattern involving more than one NYPD precinct, or for any case where the expertise, equipment and resources of the Financial Crimes Task Force are most appropriate to the investigation. k. Other complaints as deemed necessary by competent authority. 6. Notify the innocent victim of crime or surviving relative, if such victim has sustained a personal injury, death or loss of essential personal property, that compensation may be available as per the Crime Victim's Compensation Law. a. Provide victim or relative with a Crime Victims Board Information Card. b. Check box under victim information on COMPLAINT REPORT WORKSHEET that victim or relative was notified. NOTE: If circumstances prevent a personal notification, the detective conducting the follow-up investigation will comply with above directions and make notation of such fact on COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A). 7. Promptly refer active cases directly from the scene, or through the desk officer, to the units below: NOTE: UNIFORMED MEMBERS ARE CAUTIONED NOT TO DISTURB POSSIBLE EVIDENCE AT A CRIME SCENE. SEE P.G. 212-04, "Crime Scene." a. SPECIAL VICTIMS SQUAD (1) Rape or Attempted Rape, all degrees (2) Criminal Sexual Act or Attempted Criminal Sexual Act, all degrees (3) Sexual Abuse, 1st degree only (4) Aggravated Sexual Abuse, all degrees NOTE: A written notice will be provided to victims of sex offenses with the name, address and telephone numbers of the nearest Rape Crisis Center (see "ADDITIONAL DATA" for locations). This referral will be documented on COMPLAINT REPORT WORKSHEET under "Details" section. (5) Any allegation that a child less than eleven years of age is the victim of abuse inflicted by a parent or person legally responsible for the child's care (see P.G. 215-03, "Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children). (6) Any allegation that a child less than thirteen years of age is the victim of any sex crime or attempted sex crime committed by any person (see P.G. 215-03, "Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children"). NOTE: ANY complaint involving sex related offenses, including secondary offenses that are sex related, requires a duplicate copy of the COMPLAINT REPORT (PD313-152) to be forwarded to the designated Special Victims Squad. In the Boroughs of Brooklyn and Queens, the appropriate Child will be notified instead of the Special Victims Squad for cases criteria in items (5) and (6) above. In all cases enter name of notified and the log or case number assigned under "Details" on REPORT WORKSHEET. Abuse Squad that fit the detective COMPLAINT b. MAJOR CASE SQUAD (1) Burglary or attempt of a bank or bank safe (2) Larceny by extortion or attempt, from a bank (3) Robbery or attempt of a bank and perpetrator not armed (simulated gun, threatening note, etc.) (4) Burglary of a truck contents over $100,000.00 (5) Larceny of a truck contents over $100,000.00 (6) Robbery of truck and contents by hijacking (7) All robberies in warehouse depots or similar locations where the object of the crime is a truck or its contents (8) All commercial burglaries in which the value of property stolen exceeds $100,000.00. (9) Art theft c. NEW YORK CITY JOINT ROBBERY TASK FORCE (1) All armed bank robberies d. HIGHWAY DISTRICT (1) All motor vehicle/bicycle collisions which result in death, serious injury and likely to die, or critical injury to an individual. 8. Notify desk officer upon completion of investigation and deliver COMPLAINT REPORT WORKSHEET and COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516) (see P.G. 207-12, "Lost or Stolen Property/Identity Theft"), if prepared, as soon as possible. a. IMMEDIATELY notify the patrol supervisor or the desk officer of any serious or unusual complaints. 9. Make entry in ACTIVITY LOG (PD112-145) of details of complaint. DESK OFFICER 10. Carefully examine COMPLAINT REPORT WORKSHEET for accuracy and completeness. 11. The following list, while not exclusive, should be closely scrutinized when examining COMPLAINT REPORT WORKSHEET: a. Verify that required notifications and proper referral of active cases have been made. NOTE: Complaints of robbery/attempted robbery and homicide/attempted homicide of drivers of medallion taxicabs, non-medallion for-hire vehicles, and delivery trucks require a notification to the Central Robbery Division. Desk officers will fax the COMPLAINT REPORT (PD313-152) 24 hours a day, 7 days a week, to the Central Robbery Division. A member from the Central Robbery Division will then make a follow-up notification, Monday - Friday, 0700-2300 hours, to the desk officer of the reporting command and assign a Central Robbery Division, Taxi Squad serial number to the complaint. This serial number and the name of the Central Robbery Division, Taxi Squad member will be entered under "Details" of the COMPLAINT REPORT. When preparing the COMPLAINT REPORT WORKSHEET, reporting members will include home and work telephone numbers of the victim. Also include the vehicle's status (i.e. medallion taxi or non-medallion, for-hire vehicle), the presence or lack of a partition between the driver and passenger compartments, the location where the perpetrator was picked up and, if possible, the route traveled. b. Ensure proper jurisdiction code is indicated. c. The offense is classified properly. NOTE: When multiple offenses have occurred, the incident will be classified based upon the "top" (most serious) offense. Generally, the "seven major rule" is applied for serious felonies. This means that a murder/robbery will be classified as Murder; a Forcible Rape/Burglary will be classified as Forcible Rape; etc. based on the hierarchy below. The "seven major rule" order of offenses, starting with the most serious, is as follows: (1) Murder and Non-Negligent Manslaughter (2) Forcible Rape (Rape 1st degree only) (3) Robbery (4) Felonious Assault (5) Burglary (6) Grand Larceny (7) Grand Larceny Motor Vehicle (A grand larceny motor vehicle coupled with a grand larceny from the vehicle will be classified as a grand larceny motor vehicle). (The attempt to commit any of the above will be counted as the completed offense, EXCEPT attempted murder which will be counted as felonious assault). If the reported offenses are not within the "seven major offenses," the incident crime classification will be determined in the order that follows: (1) Sort by category: Felony before misdemeanor before violation. Therefore, an incident involving a felony criminal mischief to a motor vehicle with a petit larceny (misdemeanor) theft of property from within the vehicle will be classified as a Felony Criminal Mischief. (2) Sort by classification: If all offenses are felonies: "A" felony before a "B" felony before a "C" felony, etc. If all offenses are misdemeanors: "A misdemeanor before a B" misdemeanor before an "Unclassified" misdemeanor (3) Sort by degree For example, if all offenses are "B" felonies: "1st degree" before "2nd degree" before "3rd degree" (4) Sort by Article and Section Number For example, if all offenses are 2nd degree, "B" felonies, in the Penal Law, select 120.25, before 125.25, before 165.25. 12. Sign COMPLAINT REPORT WORKSHEET and have command clerk enter complaint into the OLCS. The OLCS will automatically assign next complaint number. COMMAND CLERK 13. Enter information into OLCS from COMPLAINT REPORT WORKSHEET. DESK OFFICER 14. Carefully examine the completed COMPLAINT REPORT and make certain that necessary captions have been completed. Take corrective action as necessary. 15. Finalize (i.e., sign-off) the COMPLAINT REPORT utilizing the OLCS if REPORT is accurate and complete. COMMAND CLERK 16. Distribute copies of COMPLAINT REPORT. a. Attach "ADA Copy" of PROPERTY CLERK INVOICE (PD521-141), if prepared, to copy of COMPLAINT REPORT forwarded for investigation. b. In cases closed by the reporting member, a copy of the COMPLAINT REPORT will be forwarded to the detective squad. c. Additional copies of COMPLAINT REPORT will be forwarded pursuant to P.G. 207-05, "Duplicated Copies of Complaint Reports" and any other relevant orders or directives. DESK OFFICER 17. Ensure that copies of COMPLAINT REPORT are properly distributed by command clerk. 18. Ensure that all members of the service are complying with current complaint reporting procedures. a. Instruct members of the service (especially those with recurrent or serious mistakes) in proper procedures for preparing WORKSHEETS and COMPLAINT REPORTS. (1) Monitor and follow-up as necessary (2) Advise Training Sergeant of deficiencies. COMMANDING OFFICER 19. Review COMPLAINT REPORTS, especially those cases closed by members of the service assigned to patrol, and have corrections made, if necessary. ADDITIONAL DATA The Operations Unit maintains a list of members proficient in foreign language and sign language for the deaf. Should such assistance be needed, telephone the Operations Unit and make entry under "Details" of COMPLAINT REPORT WORKSHEET. Include interpreter's name, date, time and results. If during the course of an official investigation information is required from the Parking Violations Bureau, the uniformed member of the service concerned will prepare two copies of OFFICIAL LETTERHEAD (PD158-151) addressed to the Commanding Officer, Investigation Review Section, requesting the information required. The commanding officer of the requesting member will endorse and forward both copies of the request to the Investigation Review Section, Office of the Chief of Department, in a sealed envelope marked "CONFIDENTIAL." Investigation Review Section personnel will send a copy of the request to the Parking Violations Bureau and file the other copy. When a reply is received, it will be forwarded to the requesting member in a sealed envelope. The file copy of the request will be removed from the file and destroyed. In an extreme emergency, the Commanding Officer, Investigation Review Section may establish personal liaison with the Parking Violations Bureau to expedite an investigation. When appropriate, after consultation with the patrol borough commander, the detective borough commander may take charge of an investigation not ordinarily referred to a Detective Bureau command. An automated teller machine (ATM) related crime may be defined as, but is not limited to, criminal activity against a bank patron who is about to use, is currently using, or has just completed using an automated teller machine for any type of transaction, and is in the vicinity of the machine or has been followed from the automated teller machine to another location. Members of the service preparing COMPLAINT REPORTS for automated teller machine (ATM) related crimes will specify that the crime is automated teller machine (ATM) related by entering such in the caption titled, "Actions of Victim Prior to Robbery, Larceny, or Sex Crimes." In addition, supporting information will be articulated under the "Details" section of the COMPLAINT REPORT. The Central Records Division, identification Section has an intranet application that provides immediate access to Orders of Protection issued by ALL New York City based courts, permitting users to search the Department's Order of Protection Database and display or print a copy of the actual court order. This includes not only Orders of Protection involving persons defined under the family/household - expanded definition, but also all individuals who are either the defendant or petitioner of an Order of Protection from any New York City based court. This new database is designed to verify that an Order of Protection was issued and to provide a copy of the actual order directly at the command level. This application will also provide access to expired Orders of Protection. Questions or assistance needs should be directed to the Identification Section's Orders of Protection Unit or the Management Information Systems Division, Help Desk. RAPE CRISIS CENTERS MANHATTAN NYC Gay & Lesbian Anti-Violence Project 647 Hudson Street New York, NY 10014 (212) 807-0197 (212) 807-6761 Rape Crisis Intervention Program Mt. Sinai Medical Center - Dept. OB/GYN Klingenstein Pavilion 2nd Floor One Gustave - Levy Place New York, NY 10029 (212) 241-5461 Rape Crisis Program St. Vincent's Hospital & Medical Center 41-51 East 11th Street New York, NY 10011 (212) 604-8068 Bellevue Hospital Center, Rape Crisis Program Room AG-67 27th Street and First Avenue New York, NY 10016 (212) 562-3435 or 3755 Rape Intervention Program St. Luke's Roosevelt Hospital 411 West 114th Street, Apt. 6D New York, NY 10025 (212) 523-4728 BRONX Bronx District Attorney's Office 215 E. 161st Street Bronx, NY 10451 (718) 590-2114 Kingsbridge Heights Community Center 3101 Kingsbridge Terrace Bronx, NY 10463 (718) 884-0700 BROOKLYN Rape Crisis Intervention Program The Long Island College Hospital 340 Henry Street - 6th Floor Brooklyn, NY 11201 (718) 780-1459 VSA-BRAVA Family Alliance-Victim Services 3021 Atlantic Avenue Brooklyn, NY 11208 (212) 577-7777 (718) 783-3700 Jewish Board of Family & Children Services 1943 Rockaway Parkway Brooklyn, NY 11236 (718) 241-9600 QUEENS Rape Crisis Program Rockaway Jamaica Center 90-11 160th Street, 1st Floor Jamaica, NY 11432 (212) 577-7777 (718) 291-2555 Rape Crisis Program Queens Hospital Center 82-68 164th Street Jamaica, NY 11432 (718) 883-3000 or 3195 STATEN ISLAND VSA Staten Island 25 Hyatt Street Staten Island, NY 10301 (212) 577-7777 (718) 448-3118 RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Preliminary Investigation of Vice Related, Narcotics and Organized Crime Related Complaints (P.G. 207-08) Duplicate Copies of Complaint Reports (P.G. 207-05) Lost or Stolen Property (P.G. 207-12) Robbery Complaints Involving Police Impersonation (P.G. 207-14) Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children (P.G. 215-03) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516) OFFICIAL LETTERHEAD (PD158-151) PROPERTY CLERK INVOICE (PD521-141) P.G. 207-08 Preliminary Investigation Of Vice, Narcotics Or Organized Crime-Related Complaints Date Effective: 08-01-13 PURPOSE To record and refer complaints of vice, narcotics and organized crime-related offenses. DEFINITION VICE OFFENSES - Violations of law related to gambling, prostitution, alcoholic beverages, cigarette tax and child pornography. NARCOTIC OFFENSES - Violations of law related to the sale and possession of controlled substances and marijuana as defined in Articles 220 and 221 of the Penal Law, and any case of found controlled substances in which the amount exceeds two ounces, or found marijuana in which the amount exceeds two pounds. ORGANIZED CRIME-RELATED OFFENSES - Violations of law related to organized crime, including the organized theft of motor vehicles, motor vehicle parts, and motor vehicle insurance frauds. NOTE: Grand Larceny Auto WILL NOT BE REFERRED to the Investigative Support Division, Organized Crime Control Bureau, UNLESS preliminary investigation indicates elements of organized crime are involved. PUBLIC PREMISES - Any building, or portion thereof, to which the public or a substantial group of persons has access and in which vice, narcotics or organized crime-related offenses are suspected of occurring. PROCEDURE When assigned to investigate vice, narcotics or organized crime-related offenses: UNIFORMED MEMBER OF THE SERVICE 1. Make preliminary investigation and take summary action if offense committed in presence. 2. Request patrol supervisor to respond. a. If patrol supervisor is not available, contact desk officer and comply with instructions. 3. DO NOT ENTER PUBLIC PREMISES to conduct an investigation of an on-going complaint unless authorized by the patrol supervisor, desk officer, or other competent authority. PATROL SUPERVISOR/DESK OFFICER 4. Determine action to be taken regarding ongoing complaints, in public premises, by taking into consideration: a. History of premises b. Seriousness of complaint c. Facts alleged in complaint d. If assignment of uniformed personnel would be effective e. If assignment of uniformed personnel would interfere with a covert operation. UNIFORMED MEMBER OF THE SERVICE 5. Report disposition to radio dispatcher. 6. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) and deliver to desk officer. NOTE: If an investigation discloses the identity of a person, present or not, and there is insufficient evidence to make an arrest, a warrant check will be conducted through FINEST System or the Warrants Section prior to closing the case or forwarding report to Investigative Support Division, Organized Crime Control Bureau. DESK OFFICER 7. Direct command clerk to telephone details to the Investigative Support Division, Organized Crime Control Bureau. a. Enter Organized Crime Control Bureau serial number on COMPLAINT REPORT WORKSHEET and name, shield number of member receiving the report under "Details." NOTE: If complaint is received in writing, forward original written communication to Investigative Support Division, Organized Crime Control Bureau, and attach photocopy of written communication to file copy of COMPLAINT REPORT WORKSHEET. 8. Forward COMPLAINT REPORT WORKSHEET to commanding officer. NOTE: Any arrest made by uniformed personnel regarding vice, narcotics or organized crime-related offenses (except those offenses listed in P.G. 207-02,"Complaints Not Recorded On Complaint Report" step 15, will be considered a pick-up arrest and an OLCS precinct complaint serial number will be assigned. Therefore, the complaint will be recorded on the precinct of arrest OLCS INDEX. Additionally, incidents of found controlled substances or drug paraphernalia, in any amount, when found in a building will be entered on the precinct of occurrence OLCS INDEX and an OLCS precinct complaint number assigned. Additional copies of the COMPLAINT REPORT will be sent as follows: a. In arrest situations, a copy of the COMPLAINT REPORT will be forwarded to the Investigative Support Division, Organized Crime Control Bureau, or b. In instances where controlled substance/drug paraphernalia is found in a building, a copy of the COMPLAINT REPORT will be forwarded to the concerned Narcotics District, Organized Crime Control Bureau for informational purposes. COMMANDING OFFICER 9. Examine and evaluate COMPLAINT REPORT WORKSHEET containing details telephoned to Investigative Support Division, Organized Crime Control Bureau. 10. Have COMPLAINT REPORT WORKSHEET filed chronologically in rear of complaint file chronologically behind divider marked "Complaints Referred to Organized Crime Control Bureau." ADDITIONAL DATA When a complaint is received at a Department unit other than a precinct/transit district/police service area, the member receiving the complaint will: a. Telephone the details to the Investigative Support Division, Organized Crime Control Bureau. b. Enter the Organized Crime Control Bureau serial number with the name and shield number of the member receiving the report in the Telephone Record. A COMPLAINT REPORT containing multiple offenses will be classified according to the most serious offense and referred to the unit charged with investigating such offenses. However, if a secondary offense is related to vice, narcotics or organized crime, an additional copy of the COMPLAINT REPORT will be sent to the Organized Crime Control Bureau. If the investigating officer prepares a COMPLAINT FOLLOW-UP (PD313-081), a copy of such report will also be forwarded to Organized Crime Control Bureau. The Commanding Officer, Investigative Support Division, Organized Crime Control Bureau, may classify the following complaints received at the Organized Crime Control Bureau as street conditions, and may refer them via the Chief of Department, to the command concerned for necessary attention: a. Loitering for prostitution b. Loitering for narcotics c. Dice game on street d. Sale of intoxicants to minors e. Sale of intoxicants to intoxicated persons f. Alcohol Beverage Control sale during prohibited hours g. Unnecessary noise in licensed premises h. Disputes in licensed premises i. Unlicensed cabaret. SAFETY GUIDELINES AT ILLICIT DRUG LABORATORIES When a uniformed member of the service has cause to investigate a suspected drug laboratory, an immediate notification will be made to the desk officer, precinct of occurrence. The desk officer will notify the Police Laboratory without delay, requesting a chemist be dispatched to the scene immediately. Certain substances in a laboratory are highly volatile, therefore, ALL members of the service will follow these safety guidelines: a. Ventilate the laboratory by opening doors and windows. b. DO NOT turn on lights or use flashlights until the area is well ventilated. If necessary to enter prior to the room being ventilated, a flashlight should be turned on BEFORE entering the area. c. DO NOT smoke at the scene. d. Use your nose. If vapors are very strong or there is any odor of bitter almonds, remain outside and await arrival of the laboratory chemist. e. DO NOT use Department radios while inside the laboratory. f. DO NOT disturb flasks or containers that are being heated or cooled. Direct the attention of the chemist to such items. g. DO NOT allow acid and cyanide to be mixed or come together. The fumes from this mixture can cause death. When a search warrant has been obtained for a suspected drug laboratory, the Police Laboratory will be notified and the chemist will accompany the unit executing the warrant. THREE CARD MONTE GAMES Precinct/Transit Bureau/Police Service Area commanders, when conditions warrant, will designate members of their commands assigned to duty in civilian clothes, i.e., conditions, plainclothes, and/or anti-crime units, to respond to complaints of "three card monte" games. The Commanding Officer, Communications Section, will direct that all complaints of "three card monte" games received at 911 be referred by the 911 Operator, directly to the telephone switchboard operator, precinct/transit district/police service area of occurrence. The telephone switchboard operator will enter the information in the TELEPHONE DISPATCH LOG (PD112-143) and notify appropriate personnel at precinct/transit district/police service area concerned. In those instances in which no civilian clothed members are on duty AND/OR when some condition exists in conjunction with the "three card monte" game which requires immediate police response, i.e., assault in progress, etc., a marked radio motor patrol unit may be dispatched to the scene by the 911 Operator or the telephone switchboard operator, as appropriate. CHILD PORNOGRAPHY A complaint involving child pornography (photos, movies, computer images, etc.) will be referred to the Vice Enforcement Coordinator's Major Case Team for investigation. The Vice Enforcement Coordinator will also investigate complaints involving other forms of sexual exploitation of children, including minors employed by peep shows, topless clubs, lap dancing clubs or escort services. Additionally, a telephone notification will be made to the Organized Crime Control Bureau, Field Operations Desk (FOD) twenty-four hours a day, seven days a week when child pornography is found or an arrest is made for any violation of Penal Law Article 263. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Complaints Not Recorded On Complaint Report (P.G. 207-02) Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotic Complaints) (P.G. 207-07) Citywide Intelligence Reporting System (P.G. 212-12) FORMS AND COMPLAINT COMPLAINT COMPLAINT TELEPHONE REPORTS FOLLOW-UP (PD313-081) REPORT (PD313-152) REPORT WORKSHEET (PD313-152A) DISPATCH LOG (PD112-143) P.G. 207-09 Follow-Up Investigation Of Complaints Already Recorded Date Effective: 08-01-13 PURPOSE To report additional information concerning a previously recorded complaint. PROCEDURE Upon receiving additional information concerning a reported complaint after the COMPLAINT REPORT (PD313-152) has been FINALIZED in the OLCS: MEMBER OF THE SERVICE 1. Prepare COMPLAINT FOLLOW-UP (blue) (PD313-081) ONLY when additional information falls into any of the following categories: a. Crime classification change, e.g., assault to homicide. b. Information which will amend the previously recorded P.D. code (crime sub-classification), e.g., time of day for a burglary. c. Case clearance, i.e., initial arrest only, exceptional clearances, unfounded. d. Voiding a complaint after finalization in the OLCS. e. Recovered property not previously reported. f. Additional stolen property not previously reported. g. Serial numbers obtained for property previously reported. h. Dead human is identified and property has been invoiced to the Property Clerk or Public Administrator. NOTE: There is a distinction between voided complaints and unfounded complaints. A voided complaint is one in which the COMPLAINT REPORT should not have been prepared. An unfounded case is one in which the report should have been prepared but subsequent information leads to the determination that the case should be classified as unfounded (e.g., a voided case is one in which a JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) rather than a COMPLAINT REPORT should have been prepared; an unfounded case is one in which a vehicle is reported stolen by a complainant and later a tow company informs the precinct that the vehicle was legally towed). As with COMPLAINT REPORTS, proper recording of property values on a COMPLAINT FOLLOW-UP (blue) is essential for accurate entry into the FBI Uniform Crime Reporting (UCR) System. Values must be properly consolidated in the "Value Stolen" and "Value Recovered" columns of the Property Summary Section. In addition, the person preparing the report must examine previous reports related to the complaint (i.e., COMPLAINT REPORT, previously prepared COMPLAINT REPORT FOLLOW-UPS) to ensure that property values are not being reported more than once. Only additional information with respect to property values are to be recorded. Arrests or other information concerning a complaint received BEFORE the original COMPLAINT REPORT is finalized will be entered on the original COMPLAINT REPORT. MEMBER OF THE SERVICE 2. Prepare COMPLAINT FOLLOW-UP INFORMATIONAL (pink) (PD313-081A) for information of any other type, e.g., case closed - no results, case progress reports, results of interviews, canvass, additional arrest on a complaint, etc. 3. Notify detective squad concerned, if necessary. 4. Submit COMPLAINT FOLLOW-UP (blue) and/or COMPLAINT FOLLOW-UP INFORMATIONAL (pink) to the desk officer or detective supervisor, as appropriate. NOTE: Second sheets will be used when space is insufficient for required entries on COMPLAINT FOLLOW-UP or COMPLAINT FOLLOW-UP INFORMATIONAL (see P.G. 207-01, "Complaint Reporting System"). DESK OFFICER/DETECTIVE SUPERVISOR 5. Review for accuracy and sign. ADDITIONAL DATA These reports must be forwarded to the appropriate units within 24 hours of preparation. Desk officers will ensure that the following areas of these reports are appropriately completed: * "Jurisdiction" and "Reporting Agency" codes are properly recorded * "Complaint Report Number," "Precinct of Report" and "Date of Original Report" are properly recorded * "Previous Classification" and "Classification Changed To" captions are properly completed (for COMPLAINT FOLLOW-UP REPORTS only) * "Precinct of Arrest" and "Arrest Numbers" captions on a COMPLAINT FOLLOW-UP REPORT are completed if an arrest clearance is requested OR indicated in the "Details" section of a COMPLAINT FOLLOW-UP INFORMATIONAL in cases where an additional arrest(s) is made * Property Section is fully completed in lost or stolen property cases. Ensure property values are itemized and consolidated in the "Value Stolen' and the "Value Recovered" columns, as appropriate, in the Property Summary Section (for COMPLAINT FOLLOW-UP REPORTS only) * Ensure that the "Details" supplied on the report provides adequate grounds to change the original offense listed in the "Previous Classification" caption (for COMPLAINT FOLLOW-UP REPORTS offense reclassification requests). The following agencies or commands are required to receive a duplicate copy of a COMPLAINT FOLLOW-UP when reporting additional or recovered property, classification changes, and clearances, when these changes are initiated by this Department. The member of the service preparing the form will enter the name of the agency or command receiving the duplicate copy under "Additional copy for" and also send the duplicate copy of the report as follows: COMPLAINT FOLLOW-UP FOR CASES OCCURRING ON THE JURISDICTION OF: DUPLICATE COPY FOR: * Port Authority Police Department * Tri-Borough Bridge and Tunnel Police Department * M.T.A. Police Department * Amtrak Police Department * CSX Police Department * Staten Island Rapid Transit Police Department * New York State Police Department * New York State Park Police Department * N.Y.C. Housing Authority * N.Y.C. Transit * ANY police agency operating within New York City for arson and arson related incidents COMPLAINT FOLLOW-UP FOR THE FOLLOWING CASES WHEN PROPERTY HAS BEEN INVOICED TO THE PROPERTY CLERK: *Port Authority Police *TBTA Police *M.T.A. Police *Amtrak Police *CSX Police *S.I. Rapid Transit Police *New York State Police *New York State Park Police *Housing Bureau, NYPD *Transit Bureau, NYPD *Arson and Explosion Squad and NYC Fire Department, Division of Fire Investigation DUPLICATE COPY FOR: Identification of previously unidentified dead body Property Clerk, borough office concerned Public Administrator, county of residence In cases where information used to prepare a COMPLAINT FOLLOW-UP is based on a COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516), the desk officer will ensure that the listing of stolen property and reported values on the COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT is recorded in the property section of the COMPLAINT FOLLOW- UP. MEMBERS OF THE SERVICE WILL NOT, UNDER ANY CIRCUMSTANCES, SIMPLY ATTACH COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (or a copy of it) to COMPLAINT FOLLOW-UP and forward to the Data Integrity Unit. The COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT must be attached to the command's file copy of the COMPLAINT FOLLOW-UP. Each precinct will maintain a Complaint Reclassification Log to ensure proper and timely documentation of COMPLAINT FOLLOW-UPS involving a change of crime classification. Each such reclassification will be entered in the log by the command crime analysis member and verified by a supervisor authorizing the change. COMPLAINT FOLLOW-UPS of this type prepared by Housing, Transit and investigative commands (e.g. precinct detective squads) will also be entered and verified in the same manner. Each Complaint Reclassification Log will contain the following captions spread across a double page: LEFT HAND PAGE COMPLAINT PREVIOUS RECLASSIFICATION NUMBER DATE REPORT# CLASSIFICATION TO REASON RIGHT HAND PAGE MOS PREPARING ORIGINAL COMPLAINT REPORT INITIALS PDS SUPV'S INITIALS SUPV. SIGNING ORIGINAL COMPLAINT REPORT C.O.'S INITIALS SUPV. AUTHORIZING RECLASSIFICATION ICO REMARKS FORMS AND REPORTS COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) COMPLAINT REPORT (PD313-152) P.G. 207-10 Bias Motivated Incidents Date Effective: 10-16-13 PURPOSE To ensure a coordinated police response and a thorough investigation and analysis of all bias motivated incidents. DEFINITIONS BIAS INCIDENT - Any offense or unlawful act that is motivated in whole or in substantial part by a person's, a group's, or a place's identification with a particular race, religion, ethnicity, gender, age, disability, or sexual orientation (including gay, lesbian, bi-sexual and transgender) as determined by the Commanding Officer, Hate Crime Task Force. DISABILITY - The possession or perceived possession by a person of any of the following: a physical, medical, mental or psychological impairment or a history or record of such impairment. This includes the sustaining by a person of any injury or damage to any system of the body including muscular, sensory, respiratory, speech, heart, reproductive, digestive, blood, immunity (i.e., AIDS) and skin. Also included among those who have a disability are recovering alcoholics, and former abusers of drugs or other substances who currently are not abusing alcohol, drugs, or other substances. COMMANDING OFFICER - For the purpose of this procedure will be the precinct, police service area or transit district commanding officer within whose jurisdiction the incident occurs. PROCEDURE When a uniformed member of the service is dispatched to the scene of an incident which may be a bias incident: UNIFORMED MEMBER OF THE SERVICE 1. Evaluate condition and take police action appropriate for stabilization of the area, if necessary. 2. Determine if possibility exists that offense or unlawful act is motivated by bias or prejudice as contained in the definition of a "Bias Incident." 3. Request patrol supervisor to respond if bias incident is suspected. PATROL SUPERVISOR 4. Determine if additional personnel are required to stabilize the situation. 5. Notify desk officer of incident. 6. Request commanding officer/duty captain to respond if occurrence is a possible bias incident. 7. Direct that a COMPLAINT REPORT WORKSHEET (PD313-152A) be prepared. COMMANDING OFFICER/DUTY CAPTAIN 8. Determine if occurrence is a possible bias incident that should be referred to the Hate Crime Task Force for further investigation. NOTE: When considering incidents involving public officials, confer with the Intelligence Bureau prior to classifying the occurrence as a possible bias incident. IF THE OCCURRENCE IS REFERRED TO HATE CRIME TASK FORCE AS A POSSIBLE BIAS INCIDENT: COMMANDING OFFICER/DUTY CAPTAIN 9. Request defuse the additional or others, additional resources, if required, to stabilize the location or incident (community affairs, anti-crime, crime prevention officers, command personnel, training unit, borough task force, if available, as appropriate). 10. Request detective squad personnel to respond. 11. Notify Operations Unit and obtain possible bias incident log number. 12. Prepare Unusual Occurrence Report (PD370-152) AFTER CONFERRAL WITH PRECINCT DETECTIVE COMMANDER. a. Subject of Report will be "POSSIBLE BIAS INCIDENT-LOG NO. ___." 13. Forward UNUSUAL OCCURRENCE REPORT to Chief of Detectives, Hate Crime Task Force (direct) and forward additional copy through channels. 14. Forward duplicate copy of report to: a. Chief, Community Affairs, and b. Precinct commanding officer c. Police Service Area/Transit District commanding officer, as applicable. 15. Direct crime prevention officer, where appropriate, to personally contact and advise complainant concerning actions to take to prevent recurrence. NOTE: Operations Unit personnel will notify patrol borough command; Patrol Services Bureau duty chief; Housing Bureau or Transit Bureau, as applicable; detective borough commander; Intelligence Bureau; Commanding Officer, Hate Crime Task Force; Police Commissioner; and Chief, Community Affairs (during business hours). DETECTIVE SQUAD MEMBER 16. Conduct an immediate investigation and confer with Hate Crime Task Force personnel. 17. Forward additional copy of COMPLAINT REPORT (PD313-152) and COMPLAINT FOLLOW-UP (PD313-081) to Commanding Officer, Hate Crime Task Force (direct) within ten days after incident. NOTE: The detective squad member is responsible for conducting the investigation, unless relieved by Hate Crime Task Force personnel. The Hate Crime Task Force is responsible for the determination as to whether the occurrence is, or is not, biased. In addition, the Commanding Officer, Hate Crime Task Force, may retain sufficient Detective Bureau personnel to conduct a comprehensive preliminary investigation and canvass of the area. COMMANDING OFFICER/HATE CRIME TASK FORCE 18. Evaluate situation and make determination after conferral with Chief of Detectives to: a. Assume complete control of investigation, OR b. Participate jointly with precinct detective squad personnel, OR c. Have precinct detective personnel assume full responsibility for the investigation. COMMANDING OFFICER 19. Visit and personally interview victims of possible bias incident. 20. Prepare and forward comprehensive follow-up report within ten days of incident including post-incident actions of all Departmental units and the current status of investigation to Chief of Detectives, Hate Crime Task Force, through channels. CRIME PREVENTION OFFICER 21. Prepare and forward a report within ten days of the incident to Commanding Officer, Hate Crime Task Force, indicating action taken concerning incident and whether a security survey was conducted. NOTE: The community policing sergeant will prepare and forward the above report in those commands where a crime prevention officer is not assigned. COMMANDING OFFICER/HATE CRIME TASK FORCE 22. Visit and personally interview victims of confirmed bias incidents upon completion of investigation. a. In appropriate cases, a Hate Crime Task Force supervisor may be designated to interview victims. 23. Make determination of whether an occurrence is a bias incident or a non-bias incident based upon all factors obtained during investigation, after conferral with the Chief of Detectives. 24. Prepare report indicating determination. 25. Forward copies of report to: a. Chief of Patrol b. Chief of Detectives c. Chief of Housing Bureau/C.O., Transit Bureau, if appropriate d. Patrol Borough concerned e. Housing/Transit Borough, as applicable f. Precinct of occurrence g. Police Service Area/Transit District, as applicable. NOTE: In the case of a confirmed bias incident, when a complainant/victim requests that an identified offender not be arrested, and there is appropriate legal justification for the arrest, the Commanding Officer, Hate Crime Task Force, may direct that the arrest be made. The primary considerations when a complainant/victim does not want an arrest effected, are the prevention of further violence and the safety of all parties concerned. WHEN COMMANDING OFFICER/DUTY CAPTAIN DETERMINES INCIDENT IS NOT BIAS MOTIVATED: COMMANDING OFFICER/DUTY CAPTAIN 26. Notify detective squad. 27. Notify Operations Unit that offense is not a bias incident. a. Contact Hate Crime Task Force, between 0800 - 2400 hours, seven days a week, for log number on all non-bias incidents. 28. Direct crime prevention officer to personally contact and advise complainant concerning actions to take to prevent recurrence, if offense was committed at a religious institution or a sensitive location. 29. Prepare an UNUSUAL OCCURRENCE REPORT (PD370-152) and forward to Chief of Detectives, Hate Crime Task Force (DIRECT). a. Forward one additional copy of Report through channels. PRECINCT DETECTIVE 30. Conduct appropriate investigation. 31. Forward copy of COMPLAINT REPORT and COMPLAINT FOLLOW-UP to Chief of Detectives, Hate Crime Task Force, within ten days after the incident. CRIME PREVENTION OFFICER 32. Prepare and forward a report within ten days to Commanding Officer, Hate Crime Task Force, if offense was committed at a religious institution or sensitive location indicating action taken and whether security survey was conducted. ADDITIONAL DATA When notification of a possible bias incident is received from any other police agency, the New York City Police Department patrol supervisor shall respond. At the request of a patrol supervisor, captain, or above from another law enforcement agency, the commanding officer concerned/duty captain will respond and determine whether the occurrence should be designated as non-bias or referred to the Hate Crime Task Force as a possible bias incident. If, during the course of an on-going investigation, information is ascertained which may indicate that the original incident may have been a possible bias incident, the Commanding Officer, Hate Crime Task Force, will investigate and confer with the Chief of Detectives to make a determination whether the incident is a possible bias incident. The Commanding Officer, Hate Crime Task Force, will then conduct a preliminary investigation and make all appropriate notifications. FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) UNUSUAL OCCURRENCE REPORT (PD370-152) P.G. 207-11 Preliminary Investigation, Recording And Transmission Of Alarms For Stolen Vehicles Date Effective: 08-01-13 PURPOSE To investigate, record and transmit alarms for stolen vehicles. SCOPE A complainant, present at a precinct stationhouse, police service area (PSA), transit district or other Department facility to report a stolen vehicle, will be transported by Department vehicle to the place of occurrence, or be requested to await the arrival of uniformed member(s) of the service at the location where the crime occurred. The assigned uniformed member of the service will then conduct a preliminary investigation at the scene and enter the results under the "DETAILS" section of the COMPLAINT REPORT WORKSHEET (PD313-152A). PROCEDURE When a complaint of a stolen vehicle is received: UNIFORMED MEMBER OF THE SERVICE 1. Respond to scene and conduct preliminary investigation. NOTE: NO REPORTS OF GRAND LARCENY AUTO WILL BE TAKEN OR ACCEPTED OVER THE TELEPHONE. Any complainants who come into a command to report their vehicle stolen will either be asked to go to the place of occurrence, if feasible, or be transported to the location of reported theft/loss by an available RMP team in order to conduct a preliminary canvass/investigation at the scene. In addition, owner/complainants will be informed that if they recover their own vehicle, they must immediately notify the nearest Police Department facility, so the stolen vehicle alarm(s) can be cancelled. Crime classification will be Grand Larceny Auto unless owner/complainant or other evidence indicates auto (as defined in Section 125, Vehicle and Traffic Law) is valued at $100.00 or less, or if motorcycle (as defined in Section 123, Vehicle and Traffic Law) is valued at $1,000 or less. 2. Give complainant copy of VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT (PD371-082) and VEHICLE THEFT SUPPORTING DEPOSITION (PD371-083) to prepare and sign. 3. Prepare REPORT and DEPOSITION, if complainant has a language barrier or other handicap, and have complainant sign both. a. If complainant refuses to prepare REPORT and/or DEPOSITION or sign REPORT and/or DEPOSITION, note fact on face of REPORT/DEPOSITION and sign. NOTE: A refusal by the complainant to prepare a VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and/or VEHICLE THEFT SUPPORTING DEPOSITION does not preclude the requirement to prepare a COMPLAINT REPORT WORKSHEET and COMPLAINT REPORT (PD313-152) and to get an OLCS complaint number for such report. DESK OFFICER 4. Review VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION for accuracy and legibility and sign. 5. Ascertain through the FINEST System: a. If vehicle has been impounded or repossessed b. If vehicle is wanted in connection with a crime c. If vehicle has been previously reported stolen d. Verification of Vehicle Identification Number (VIN) or ownership, if necessary e. Expiration date of registration plates, when necessary f. If vehicle was towed by rotation tow. g. If vehicle was relocated due to a special event by utilizing the TOPIS application. STATIONHOUSE CLERK 6. Prepare COMPLAINT REPORT WORKSHEET, when required. NOTE: Under no circumstances will the complainant be given a copy of the VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT or VEHICLE THEFT SUPPORTING DEPOSITION. IF COMPLAINANT APPEARS AT STATIONHOUSE TO REPORT AN AUTO LARCENY AND NO UNIFORMED MEMBER OF THE SERVICE IS AVAILABLE TO TAKE REPORT: DESK OFFICER 7. Comply with steps 2 through 6, and corresponding NOTES, above. 8. Assign command clerk to assist complainant in preparing VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and/or VEHICLE THEFT SUPPORTING DEPOSITION, as necessary. a. Act as reviewing officer by signing completed VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION. NOTE: If complainant refuses to prepare VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and/or VEHICLE THEFT SUPPORTING DEPOSITION, desk officer will sign form as witness. UNIFORMED MEMBER OF THE SERVICE 9. Attach VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION to COMPLAINT REPORT WORKSHEET. 10. Have alarm transmitted through the FINEST System and provide the following information: a. Rank, name, command and tax registry number b. Date, time and place of occurrence c. Complaint number from OLCS d. Type of complaint (Grand Larceny Auto, Unauthorized Use, etc.) e. Make, year, model, style, color of vehicle f. Registration plate numbers g. State of registration and expiration date of plates h. Type of plate (passenger, commercial, dealer, etc.) i. Vehicle Identification Number (VIN) j. Name, address and telephone number of registered owner k. Name and address of insurance company and policy number, if available l. Other information that might aid in vehicle's recovery. NOTE: DO NOT sign off from FINEST System until acknowledgement is received from NYSPIN. Printed (hard) copy of NYSPIN acknowledgement will be attached to COMPLAINT REPORT. 11. CLOSE case EXCEPT if vehicle was used in the commission of a crime or other condition indicates that further investigation is necessary. NOTE: Institute a telephone notification to the Stolen Property Inquiry Section for the transmittal of all Felony Vehicle Alarms. 12. Refer COMPLAINT REPORT, with a copy of VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION, to detective squad concerned if case remains open. DESK OFFICER 13. Direct a standard NYSPIN inquiry be made via FINEST, by plate or VIN number, to verify that an alarm has been transmitted. a. Ensure that printed (hard) copy of NYSPIN alarm is accurate and attached to COMPLAINT REPORT. 14. Direct command clerk to prepare COMPLAINT REPORT utilizing OLCS. a. Ensure that original copy of VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION is attached to precinct file copy of COMPLAINT REPORT WORKSHEET. COMMAND CLERK 15. Check FINEST System for accuracy of alarm transmitted. a. Report any discrepancy to desk officer. b. Have alarm modified to correct discrepancy. c. Make entry under "Details" on COMPLAINT REPORT that alarm transmission was verified and include date, time and signature. NOTE: If command FINEST System is temporarily inoperative, verification may be delayed until FINEST System is operative or verification can be requested through an adjoining command. DESK OFFICER 16. Ensure that copies of all Grand Larceny Auto COMPLAINT REPORTS and VEHICLE THEFT PRELIMINARY INVESTIGATION REPORTS are forwarded to the precinct detective squad for their review and further investigation, as necessary. FOLLOW-UP INVESTIGATION OF GRAND LARCENY AUTO COMPLAINTS: ASSIGNED DETECTIVE 17. Interview complainant, either in person or by telephone, utilizing the format described in VEHICLE THEFT FOLLOW-UP REPORT (PD371-081). 18. Record complainant's responses on VEHICLE THEFT FOLLOW-UP REPORT. 19. Confer with supervisor to determine if results of interview fall into three categories: a. Further investigation would prove positive b. Information received would be of value to other units within the Department, e.g., Auto Crime Division c. No further information available. 20. File VEHICLE THEFT FOLLOW-UP REPORT with COMPLAINT FOLLOW-UP, if no further information is obtained. 21. Duplicate completed VEHICLE THEFT FOLLOW-UP REPORT and file duplicate copy with precinct file copy of COMPLAINT REPORT WORKSHEET. ADDITIONAL DATA If immediate action is indicated on a stolen vehicle complaint, the desk officer will direct the telephone switchboard operator to alert uniformed members of the service on patrol in advance of the alarm being transmitted by the precinct. All complainants will be required to complete and sign the VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT and VEHICLE THEFT SUPPORTING DEPOSITION when reporting their vehicles stolen. IF AN ARREST IS EFFECTED WHICH INVOLVES A VEHICLE THAT WAS REPORTED STOLEN WITHIN NEW YORK CITY: The arresting officer will be required, for affidavit preparation, to make two complainant notification attempts at reasonable intervals. If the arresting officer is unable to notify the complainant, the desk officer concerned will attempt to make a third notification. All notification attempts, dates and times are to be recorded in the narrative section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). If unable to notify the complainant, the arresting officer will request the precinct of occurrence (where the vehicle was reported stolen) to fax a copy of the VEHICLE THEFT SUPPORTING DEPOSITION and COMPLAINT REPORT to the precinct of arrest. Upon receipt of the completed VEHICLE THEFT SUPPORTING DEPOSITION and COMPLAINT REPORT, the arresting officer will then fax copies of these forms to the assigned assistant district attorney for affidavit preparation. In situations where it is not feasible to either transport or meet a complainant at the location of a reported vehicle theft (e.g., when the date of theft and the reporting date may be days or weeks apart) the need for an RMP canvass will be left to the discretion of the desk officer. A stolen vehicle complaint made in a precinct, which is not the precinct of occurrence, will be accepted and processed as outlined in P.G. 207-04, "Recording Of Complaints Occurring In Another Command." In this instance, the canvass will be completed by personnel assigned to the precinct of record (i.e., the precinct assigning the OLCS complaint number). The commitment to perform a preliminary canvass/investigation in regards to a past larceny of an auto should not be allowed to negatively impact on patrol strength. The desk officer has the discretion to utilize resources such as SP10, scooter personnel, etc., to complete the canvass/investigation. RELATED PROCEDURES Lost/Stolen Vehicle Plates, Licenses and other Department of Motor Vehicle Documents (P.G. 207-13) Safeguarding Vehicles in Police Custody (P.G. 218-12) Vehicle Stolen and Recovered Within New York City (P.G. 218-14) Vehicle Stolen Outside New York City - Recovered Within New York City (P.G. 218-15) Vehicle Stolen Within New York City and Recovered Outside New York City or by the Port Authority Police (P.G. 218-16) Derelict Vehicles Bearing New York State Registration Plates (P.G. 214-29) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) VEHICLE THEFT FOLLOW-UP REPORT (PD371-081) VEHICLE THEFT PRELIMINARY INVESTIGATION REPORT (PD371-082) VEHICLE THEFT SUPPORTING DEPOSITION (PD371-083) P.G. 207-12 Lost Or Stolen Property/Identity Theft Date Effective: 10-16-13 PURPOSE To investigate complaints of lost or stolen property/identity theft. PROCEDURE When a complaint of lost or stolen property/identity theft is received: COMPLAINTS OF LOST/STOLEN PROPERTY: MEMBER OF THE SERVICE 1. Telephone Stolen Property Inquiry Section (SPIS) to ascertain if property has been recovered. 2. Prepare COMPLAINT REPORT (PD313-152) if property is not located. a. If complainant does not know where the loss or theft occurred, the place of occurrence will be the place where the complainant first discovered the loss. 3. Instruct and assist complainant in preparing page 1 of COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516). NOTE: If the complaint involves lost or stolen property ONLY and does not involve Identity Theft, instruct complainant to prepare only page 1 of COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY / IDENTITY THEFT and direct complainant to sign false statement waiver at the bottom of page 1. The complainant shall be advised to prepare the COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT in the event any additional property is discovered lost or stolen any additional information regarding property previously reported lost or stolen is discovered. (See ADDITIONAL DATA). 4. Prepare a COMPLAINT REPORT or COMPLAINT FOLLOW UP (PD313-081) as appropriate, for all lost or stolen articles, including firearms. Ask the complainants if they know the serial numbers for such articles, and if they do, then include them in the REPORTS. 5. Request via telephone notification, to the Stolen Property Inquiry Section, that an alarm be transmitted for all lost or stolen articles containing serial numbers, including firearms, equipment, securities, currency and other documents. Do not forward hard copies of the COMPLAINT REPORT or COMPLAINT FOLLOW UP to SPIS WHEN THE SERIAL NUMBERS OF ARTICLES ARE KNOWN. 6. Provide the following information on lost or stolen firearms, via telephone, to SPIS: a. Make f. Precinct b. Model g. Complaint number from OLCS c. Caliber h. Complainant's name and address d. Type i. Whether or not UMOS owns firearm e. Serial Number 7. Provide the following information on lost or stolen articles, with serial numbers, via telephone, to SPIS: a. Brand b. Model number c. Type d. Precinct e. Complaint number from OLCS NOTE: In no instances will tax registry or model numbers be used in lieu of serial numbers. Alarms CANNOT be transmitted without serial numbers. 8. Make entry in the -Notifications To' caption of the COMPLAINT REPORT WORKSHEET (PD 313-152A) to reflect who at SPIS was notified. NOTE: The desk officer concerned will ensure that a telephone notification to SPIS was made and entered in the notification portion of the COMPLAINT REPORT WORKSHEET. 9. Send hard copy (no telephone notification) of COMPLAINT REPORT OR COMPLAINT FOLLOW UP to SPIS via Department Mail or Department Fax, in the following instances ONLY: a. Jewelry containing initials, inscriptions or other identifying marks OR individual pieces of jewelry, if value exceeds $5,000 OR an item of jewelry contains ten stones or carats b. Other articles that contain initials, inscriptions, or other identifiable markings c. All coin or stamp collections valued at more than $5,000 d. Silverware if value exceeds $5,000 e. All paintings or art objects f. Any fur coat valued at more than $5,000 g. Any property taken in a hijacking COMPLAINTS OF LOST/STOLEN PROPERTY INVOLVING IDENTITY THEFT: 10. Instruct complainant to prepare pages 1 and 2 of COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT in their own handwriting. a. Furnish assistance or allow other person to assist in preparing the form, if necessary. b. Ensure complainant signs BOTH waivers on pages 1 and 2. 11. Comply with P.G. 207-34, "Complaints Involving Identity Theft." ADDITIONAL DATA When a communication from an OUT-OF-TOWN complainant alleges loss or theft of property and does not include the place of occurrence, refer complaint to the Stolen Property Inquiry Section. If the property has not been recovered, the Stolen Property Inquiry Section shall contact the complainant through the Inter-City Correspondence Unit and request further information concerning the place of loss. The desk officer/counterpart will provide the complainant or a properly identified representative with a copy of VERIFICATION OF CRIME/LOST OR STOLEN PROPERTY (PD542-061), upon request, and will inform such person of the complaint number and precinct of record and direct said complainant to comply with instructions on the form. Whenever a rifle/shotgun permit holder reports the loss of a permit or document relating to rifles/shotguns, a duplicate copy of the COMPLAINT REPORT will be forwarded to the Rifle and Shotgun Section. The complainant will be advised to contact the Rifle and Shotgun Section in person or by telephone. In cases of lost or stolen property, the member of the service preparing the COMPLAINT REPORT WORKSHEET shall deliver a copy of COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT to the complainant. The complainant shall be advised to prepare the COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT in the event any additional property is discovered lost or stolen or any additional information regarding property previously reported lost or stolen is discovered. The COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT should then be delivered by the complainant to the desk officer, precinct of occurrence. The desk officer will ensure that the listing of stolen property and reported values on the COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT is recorded in the property section of the COMPLAINT FOLLOW-UP and that a member of the Stolen Property Inquiry Section is notified by telephone regarding any property with serial numbers. MEMBERS OF THE SERVICE WILL NOT, UNDER ANY CIRCUMSTANCES, SIMPLY ATTACH COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (or a copy of it) TO A COMPLAINT FOLLOW-UP. The COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT must be attached to the command's file copy of the COMPLAINT FOLLOW-UP. The COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/ IDENTITY THEFT must be attached to the command's file copy of the COMPLAINT REPORT. WHEN A COMPLAINANT REPORTS A LOST OR STOLEN PASSPORT, ALIEN REGISTRATION CARD (PERMANENT RESIDENT CARD/ GREEN CARD) OR NATURALIZATION PAPERS: Members of the service will request and carefully examine the official photo identification of complainant. If complainant has lost or has had stolen all of his/her photo identification (e.g., if the complainant's purse or wallet is stolen), it may not be possible for the complainant to produce photo identification. In such instances, the member of service will use all other methods available to verify the complainant's identification. Once satisfaction of identification is obtained, the member will request the precinct detective squad to conduct an interview and prepare COMPLAINT REPORT WORKSHEET (PD313-152A). The precinct detective squad member assigned will conduct inquiry and prepare COMPLAINT REPORT WORKSHEET, AFTER obtaining verified identification of complainant. The precinct detective assigned will then notify the Intelligence Bureau’s 24 hour Criminal Intelligence Section with particulars and pedigree of complainant and request an Intelligence Bureau log number. Members of the Intelligence Bureau will conduct internal inquiries and advise the detective assigned of any further necessity to hold the complainant for response by either the Joint Terrorist Task Force or the Intelligence Bureau. If no further action is necessary, then the Intelligence Bureau’s Criminal Intelligence Section will issue the precinct detective assigned an Intelligence Bureau log number, which will be recorded on the COMPLAINT REPORT WORKSHEET, under the “Details” section along with the name, rank, and tax registry number of the member issuing the log number. Between 0100 and 0800 hours, when the precinct detective squad is not available, the precinct desk officer will designate a uniformed member of the service to prepare a COMPLAINT REPORT WORKSHEET and contact the Intelligence Bureau’s 24 hour Criminal Intelligence Section. If the Intelligence Bureau determines that further investigation is warranted, the desk officer or designee will hold the complainant for response by the Intelligence Bureau’s Midnight Response Team. If no further action is necessary, then the Intelligence Bureau’s Criminal Intelligence Section will issue the designated uniformed member of the service an Intelligence Bureau log number, which will be recorded on the COMPLAINT REPORT WORKSHEET, under the ”Details” section along with the name, rank, and tax registry number of the member issuing the log number. Stolen Property Inquiry Section (S.P.I.S.) will follow up on lost/stolen passports, alien registration cards and naturalization papers with notification to United States Bureau of Immigration and Customs Enforcement for alien registration cards and naturalization papers, and the United States Department of State for passports. All members of the service are reminded to remain vigilant on patrol, reporting all related terrorist information to the Intelligence Bureau’s 24 hour Criminal Intelligence Section. RELATED PROCEDURES Preliminary Investigation, Recording And Transmission of Alarms For Stolen Vehicles (P.G. 207-11) Lost/Stolen Vehicle Plates, Licenses, And Other Department Of Motor Vehicles Documents (P.G. 207-13) Complaints Involving Identity Theft (P.G. 207-34) FORMS AND REPORTS COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516) IDENTITY THEFT-PRELIMINARY INVESTIGATION REPORT (PD313-084) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) VERIFICATION OF CRIME/LOST OR STOLEN PROPERTY (PD542-061) P.G. 207-13 Lost/Stolen Vehicle Plates, Licenses And Other Department Of Motor Vehicle Documents Date Effective: 08-01-13 PURPOSE To record complaints of lost/stolen license plates, driver's licenses, learner's permits, vehicle registrations or stickers. PROCEDURE When a complainant reports license plates/driver's license or other registration documents have been lost or stolen: MEMBER OF THE SERVICE 1. Inquire through the FINEST System to ascertain if license plates have been recovered. a. Contact Stolen Property Inquiry Section's Manual File Unit to ascertain if driver's license or other registration documents have been recovered. VEHICLE LICENSE PLATES: 2. Ascertain that complainant is registered owner or a true representative of the owner of the plate(s). 3. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). a. IF ONE PLATE IS MISSING and there is no other evidence to suggest a larceny or other crime, classify the complaint as lost property and close complaint immediately as referred to Department of Motor Vehicles. Whether the complaint is classified as a crime (e.g., larceny) or lost property, direct the owner/representative to turn in the remaining plate to the Department of Motor Vehicles. Advise complainant to contact the precinct after the plate is turned in for transmission of an alarm. A person subsequently found to be in possession of a lost license plate can be charged with larceny by acquiring lost property (Penal Law 155.05 subd. 2b). A license plate missing from an out of state registered vehicle and only required to have one plate will not be classified as a larceny or other crime unless there is additional evidence to support the crime. An alarm, however, will be transmitted in all cases. NOTE: When one plate is missing from a vehicle registered to this Department, have alarm transmitted as soon as possible via FINEST System and attach copy of NYSPIN acknowledgement to COMPLAINT REPORT (PD313-152). Ensure that the "DETAILS" section of the COMPLAINT REPORT includes that the missing/stolen plate is registered to a Department vehicle. b. IF BOTH PLATES ARE MISSING - have alarm transmitted via FINEST System and attach copy of NYSPIN acknowledgement to COMPLAINT REPORT. NOTE: Unless additional information is available to determine if missing plate(s) is stolen, one missing plate will be classified as "Lost Property" and two missing plates will be classified as "Petit Larceny." 4. Prepare and sign Report of Lost or Stolen License or Registration Items (MV-78B [6/88]) and give to complainant. a. Make certain box on form captioned "Was the Loss the Result of a Crime?" is checked "Yes" or "No", as appropriate. NOTE: If MV-78B [6/88] is not available to member on patrol, instruct the complainant to obtain form from precinct of occurrence at the earliest convenience. Precinct personnel concerned will verify that a COMPLAINT REPORT has been recorded before preparing MV-78B [6/88] form. 5. Instruct complainant to deliver MV-78B [6/88] and registration certificate for lost plates to Department of Motor Vehicles to obtain new plates. a. If one plate is reported lost/stolen, the remaining plate, vehicle registration and MV-78B [6/88] will be surrendered to Department of Motor Vehicles personnel to obtain new plates. The complainant must then notify the precinct of record for transmission of an alarm on the missing plate. DRIVER'S LICENSE, LEARNER'S PERMIT, VEHICLE REGISTRATION/STICKER: 6. Prepare COMPLAINT REPORT WORKSHEET. a. Send additional copy of COMPLAINT REPORT or COMPLAINT FOLLOW-UP (PD313-081) to Stolen Property Inquiry Section in cases where a vehicle's inspection sticker has been reported lost or stolen. NOTE: Lost or stolen driver's license, learner's permits, and vehicle registration items (exclusive of plates) do not meet the criteria for entry into the NYSPIN System. 7. Prepare and sign Report of Lost or Stolen License or Registration Items (MV-78B [6/88]) and give to complainant. a. Make certain box on form captioned "Was the Loss the Result of a Crime?" is checked "Yes" or "No", as appropriate. 8. Instruct complainant to deliver MV-78B [6/88] to Department of Motor Vehicles to obtain new documents. ADDITIONAL DATA If complainant does not know where the loss or theft occurred, the place of occurrence will be the place where the complainant first discovered the loss. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Preliminary Investigation of Complaints (Other Than Vice Related Or Narcotics Complaints) (P.G. 207-07) Lost or Stolen Property/Identity Theft (P.G. 207-12) Preliminary Investigation, Recording And Transmission Of Alarms For Stolen Vehicles (P.G. 207-11) FORMS AND COMPLAINT COMPLAINT COMPLAINT REPORTS FOLLOW-UP (PD313-081) REPORT (PD313-152) REPORT WORKSHEET (PD313-152A) P.G. 207-14 Robbery Complaints Involving Police Impersonation Date Effective: 08-01-13 PURPOSE To assist uniformed members of the service who become aware of a robbery involving the impersonation of any law enforcement personnel. DEFINITION POLICE IMPERSONATION - For the purpose of this procedure, a police impersonation occurs when during the commission of a crime, the perpetrator: a. Pretends to be a police officer or wears or displays any uniform, badge, insignia or facsimile thereof by which a police officer of any jurisdiction is generally identified; OR b. Expresses by words or actions that he/she is a police officer or acting with the approval or authority of any police department; OR c. Displays, wears or uses police equipment in a manner likely to create the impression that he/she is a police officer. PROCEDURE Whenever a robbery is committed and it is alleged to have been committed by an individual(s) purporting to be law enforcement personnel: UNIFORMED MEMBER OF THE SERVICE 1. Determine whether a robbery in fact has been committed involving an impersonation of any law enforcement personnel. 2. Request response of patrol supervisor. 3. Detain complainant/witnesses, if possible. 4. Notify the Internal Affairs Bureau Command Center (212) 741-8401, for notification to Police Impersonation Investigation Unit (P.I.I.U.) a. Obtain name of member notified and log number. NOTE: The Police Impersonation Unit will investigate all robbery police impersonation complaints and other serious crimes involving police impersonations. The precinct Detective Squad will be responsible for other criminal impersonation complaints. In ALL cases of suspected police impersonation, a notification to Internal Affairs Bureau Command Center is required and a log number will be assigned. MEMBER CONCERNED, COMMAND CENTER 5. Record information and issue log number. 6. Notify Police Impersonation Investigation Unit (P.I.I.U.). PATROL SUPERVISOR 7. Notify desk officer. 8. Ensure that a thorough preliminary investigation is conducted. 9. Verify arrest(s), if made. 10. Have COMPLAINT REPORT WORKSHEET (PD313-152A) prepared including: a. Detailed description of the impersonation and robbery. b. Internal Affairs Bureau Command Center log number and member notified. DESK OFFICER 11. Finalize COMPLAINT REPORT WORKSHEET utilizing the OLCS and fax copy of COMPLAINT REPORT (PD313-152) to the Internal Affairs Bureau Command Center at (212) 741-8408. SUPERVISOR, P.I.I.U. 12. Dispatch member(s) to interview complainant/witnesses, if circumstances warrant. a. Dispatch member(s) from Internal Affairs Bureau Police Impersonation, or Internal Affairs Bureau Nightwatch, if a response to interview a complainant/witness is required during the 1st Platoon. P.I.I.U./NIGHTWATCH MEMBER CONCERNED 13. Interview complainant and obtain facts. 14. Safeguard evidence. 15. Have complainant view Police Impersonation Photo Albums and Criminal Investigation Unit photos, if necessary. 16. Maintain a case file. 17. Effect arrests of identified subject(s). SUPERVISOR, P.I.I.U. 18. Review all robbery impersonation complaints received at the Command Center to determine case status. 19. Maintain statistics regarding trends and arrests. 20. Supply and maintain Police Impersonation Photo Albums for each borough Criminal Investigation Unit. ADDITIONAL DATA Police Impersonation Photo Albums that are maintained by the Police Impersonation Investigation Unit are available for use by all investigative units within the Department. The Police Impersonation Investigation Unit is available to assist in any open investigation involving police impersonations and will provide assistance, as appropriate, whenever serious criminal conduct involves impersonation of law enforcement personnel. Whenever the Police Impersonation Investigation Unit develops a "pattern," a notification will be made to the appropriate borough robbery squad. Additionally, if the Police Impersonation Investigation Unit rejects a case, a telephone notification will be made to the precinct detective squad concerned. The Special Victims Squad concerned will investigate robberies committed by police impersonators, which include sexual assault, and the Police Impersonation Investigation Unit will assist in the investigation. If in the course of an investigation it is determined that a possible "narcotics trade" element is involved, the Police Impersonation Investigation Unit member concerned will make the necessary notifications to the Organized Crime Control Bureau. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 207-15 Threats To Complaints And Witnesses Date Effective: 08-01-13 PURPOSE To investigate, record and refer complaints of threats to witnesses/complainants involved in criminal proceedings. PROCEDURE When notified of a threat to a witness/complainant: UNIFORMED MEMBER OF THE SERVICE 1. Obtain as much detailed information as possible, e.g., possible motive, type of threat, subject of threat, etc. 2. Immediately notify desk officer, precinct of occurrence. a. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). DESK OFFICER 3. Ensure that a supervisor is responding, if not already present. a. Direct the preparation of a COMPLAINT REPORT (PD313-152). 4. Immediately notify precinct detective squad concerned or borough nightwatch, if appropriate. NOTE: Communications Section will automatically direct the patrol supervisor to respond to all incidents involving threats to witnesses. ASSIGNED DETECTIVE 5. Immediately interview complainant, conduct preliminary investigation and confer with assigned detective supervisor. 6. Process and safeguard physical evidence, e.g., note, tape recording, etc., if any. 7. Determine if person(s) threatened is a complainant or witness in a criminal proceeding. a. When the threat involves an arrest or investigation previously conducted by this Department, notify the detective assigned to the case and obtain his/her assistance in assessing the threat. DETECTIVE SUPERVISOR 8. Immediately conduct a personal interview with person threatened and person receiving threat, if not the same person. 9. Notify the District Attorney's Office concerned if subject has been a complainant/witness at a hearing, grand jury, trial, etc. 10. Direct the establishment of any immediate security measures necessary, if appropriate. 11. Confer with detective duty captain, patrol duty captain and desk officer, precinct of occurrence regarding security measures implemented and the need for continued or additional measures. 12. Notify detective borough commander/executive officer of details of threat and steps taken to insure security of complainant/witness. DETECTIVE BOROUGH COMMANDER/EXECUTIVE OFFICER 13. Consult with patrol borough commander/executive officer as soon as possible regarding duration and extent of security measures when coverage is provided. ADDITIONAL DATA Security options may include directed patrol, fixed post (foot or RMP), and advising complainant/witness to contact 911, if any suspicious person is observed or further threats received. Simple refusal by threatened party shall not be the sole factor in determining that no security measures be taken. Locations where a witness who is threatened is present are considered Sensitive Locations. A generic "SPRINT" message to have the patrol supervisor respond to these locations is automatically entered. However, this does not preclude a commanding officer from requesting inclusion of additional information related to safety in "SPRINT" as per A.G. 316-35," Hazardous, Sensitive, Hazardous Material Locations". RELATED PROCEDURES Hazardous, Sensitive, Hazardous Material Locations (A.G. 316-35) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 207-16 Overdue Rental Vehicles Date Effective: 08-01-13 PURPOSE To record and investigate complaints of overdue rental vehicles. DEFINITION PRECINCT OF OCCURRENCE - For the purpose of this procedure only, shall be the precinct where the vehicle was leased/rented, or the location where the vehicle was scheduled to be returned to at the expiration of the lease or rental agreement. PROCEDURE When a rental agency reports an overdue rental vehicle: UNIFORMED MEMBER OF THE SERVICE 1. Interview complainant and conduct preliminary investigation. 2. Ascertain if fraudulent means were used to obtain vehicle. NOTE: Fraudulent means may consist of giving false information on the rental agreement relative to identification, residence or place of employment, etc. 3. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) and: a. Classify complaint as "AUTO LARCENY" if fraudulent means were used to rent the auto, OR b. Classify complaint as "INVESTIGATION - UNAUTHORIZED USE OF MOTOR VEHICLE", when no apparent fraud is involved. DESK OFFICER 4. Direct command clerk to prepare COMPLAINT REPORT (PD313-152) from COMPLAINT REPORT WORKSHEET and: a. If complaint is classified as AUTO LARCENY, direct the reporting officer to comply with P.G. 207-11, "Preliminary Investigation, Recording and Transmission of Alarms for Stolen Vehicles," OR b. If complaint is classified as INVESTIGATION - UNAUTHORIZED USE OF MOTOR VEHICLE, refer to precinct detective squad to determine if the facts will support a criminal action. PRECINCT DETECTIVE 5. Ascertain from the rental agency if all of the following steps were taken to contact the lessee: a. Efforts made to locate lessee at residence or place of employment b. Certified letter mailed to lessee demanding the return of the vehicle c. Internal check to ensure clerical errors are not present d. Written investigation report that tends to support criminal action (most rental agencies have a form for this purpose) e. Other appropriate steps. 6. Reclassify complaint from INVESTIGATION to UNAUTHORIZED USE OF MOTOR VEHICLE, when facts support a criminal action. 7. Mark complaint "UNFOUNDED," if the facts do not support a criminal action, and: a. Inform rental agency that the complaint is a civil matter. NOTE: If additional information substantiating a criminal action is brought to the attention of this Department, a CLOSED CASE may be reopened and further investigation conducted. 8. Record action taken on COMPLAINT FOLLOW-UP (PD313-081) unless such information is contained on original COMPLAINT REPORT. ADDITIONAL DATA In complaints of overdue rental vehicles, all the facts must be examined to determine if a criminal action can be supported. In many instances, the retention of a rental vehicle amounts to a breach of a civil contract ONLY, and the rental agency can seek redress in civil court. A criminal action involving overdue rental vehicles can be supported ONLY if there is a "GROSS DEVIATION" from the rental agreement and the rental agency concerned has served or attempted service of a "NOTICE," in person or by certified mail, at the address indicated in the rental agreement, stating the time and date the vehicle was to be returned; that the agency does not consent to continued retention of the vehicle by the lessee; and that further retention of the vehicle may constitute a Class "A" Misdemeanor. A "GROSS DEVIATION" may occur when, but is not limited to, a lessee who has legal custody of a vehicle for fifteen days or less, pursuant to a written rental agreement, intentionally retains such vehicle for at least seven days beyond the expiration date of the rental agreement and continues such possession for more than two days after service or attempted service of the above mentioned "NOTICE" from the rental agency. RELATED PROCEDURES Preliminary Investigation, Recording And Transmission Of Alarms For Stolen Vehicles (P.G. 207-11) FORMS AND COMPLAINT COMPLAINT COMPLAINT REPORTS FOLLOW-UP (PD313-081) REPORT (PD313-152) REPORT WORKSHEET (PD313-152A) P.G. 207-17 Contraband Weapons Date Effective: 08-01-13 PURPOSE To record seizures of contraband weapons. DEFINITION CONTRABAND WEAPON - As used in this section includes any weapons possessed unlawfully. PROCEDURE When a uniformed member of the service comes into possession of a contraband weapon: UNIFORMED MEMBER OF THE SERVICE 1. Follow normal complaint and/or arrest procedures. 2. Charge appropriate offense(s) from the New York State Penal Law, if arrest made. DESK OFFICER 3. Notify Joint Terrorist Task Force of details. 4. Notify the Bureau of Alcohol, Tobacco and Firearms through Operations Unit if any of the following weapons are involved: a. Fully automatic firearms such as machine guns and machine pistols b. Shotguns with barrels less than 18 inches long c. Rifles with barrels less than 16 inches long d. Altered shotgun or rifle with overall length of less than 26 inches e. Any weapon, other than conventional handgun, capable of firing a shot, if such weapon can be concealed on the person f. Destructive device - any explosive, incendiary, poison gas, bomb, grenade, rocket, missile, mine or similar device; or any parts designed to create a destructive device g. Pistols with shoulder stocks h. Any muffling or silencing device designed for use with a firearm. NOTE: Include information concerning any vehicle, vessel or aircraft that is or may be involved in violation of Federal Law. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Contraband Weapons (P.G. 208-49) Processing Firearms and Firearms-Related Evidence (P.G. 218-23) P.G. 207-18 Complaints Involving Credit Cards Date Effective: 08-01-13 PURPOSE To investigate complaints involving credit cards. PROCEDURE When a credit card comes into possession of a member of the service and its status is in doubt and requires investigation: MEMBER OF THE SERVICE 1. Report information to desk officer. DESK OFFICER 2. Notify the Special Frauds Squad between 0900 and 1800 hours, Monday through Friday, by telephone. NOTE: Special Frauds Squad member will check records and telephone credit card company for status inquiry of credit cards. The credit card company representative will telephone results of inquiry to the desk officer. 3. Have COMPLAINT REPORT (PD313-152) prepared when required: a. Have additional copy sent to Special Frauds Squad. b. Enter, under "Details," name of Special Frauds Squad member notified c. Enter results of inquiry under "Details." UNIFORMED MEMBER OF THE SERVICE 4. Comply with P.G. 207-07, "Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints)." 5. For investigations concerning identity theft, comply with P.G. 207-34, "Complaints Involving Identity Theft." ADDITIONAL DATA If an arrest is effected involving the credit card, the credit card company involved will provide a representative in court as a complainant when required. The Special Frauds Squad maintains twenty-four hour telephone hot line verification numbers for various credit card companies. If the Special Frauds Squad office is closed, the current list of hot line numbers is maintained at the Missing Persons Desk. RELATED PROCEDURES Preliminary Investigation of Complaints (Other Than Vice Related Or Narcotics Complaints) (P.G. 207-07) Counterfeiting/Forging U.S. Government Obligations or Counterfeiting/Unauthorized Use of Access Devices (P.G. 208-47) Complaints Involving Identity Theft (P.G. 207-34) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) P.G. 207-19 Thefts From Department Lockers Date Effective: 08-01-13 PURPOSE To investigate reported thefts from Department lockers. PROCEDURE Upon discovery of a theft or attempted theft from a Department locker: MEMBER OF THE SERVICE 1. Report facts to desk officer. DESK OFFICER 2. Notify commanding officer or duty captain. 3. Notify IAB, Command Center and obtain a Log Number. COMMANDING OFFICER/DUTY CAPTAIN 4. Investigate circumstances of incident including, but not limited to, photographing damage to locker, obtaining fingerprints, results of interviews, etc. 5. Notify precinct detective squad concerned, if necessary. 6. Direct preparation of COMPLAINT REPORT WORKSHEET (PD313-152A). 7. Take steps to prevent recurrence of theft. 8. Prepare three copies of report on Typed Letterhead and forward: a. First two copies to bureau chief concerned b. Third copy to Internal Affairs Bureau. ADDITIONAL DATA Members of the service are responsible for securing their lockers with a combination type padlock without a serial number. FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) Typed Letterhead P.G. 207-20 Investigation Of Crimes Involving Computers Or Computer Technology Date Effective: 08-01-13 PURPOSE To protect computer evidence obtained by this Department during the course of investigations or arrests, and to enhance the prosecution of defendants. PROCEDURE Whenever computer related evidence is to be seized, subject of an investigation or connected with an arrest: UNIFORMED MEMBER OF THE SERVICE CONCERNED 1. Notify Computer Crimes Squad (0600 to 2000 hours, Monday through Friday) or Office of the Chief of Detectives (all other times) whenever: a. Computer-related evidence is seized or expected to be seized, i.e., evidence consisting of a computer that has been used to commit a crime or is suspected of being a device that stores evidence. b. An arrest involving a computer is made. NOTE: Computer Crimes Squad will determine if a response to debrief the prisoner(s) is necessary. 2. Confer with Computer Crimes Squad whenever: a. A criminal investigation by a unit of this Department is conducted where computers or computer evidence may be involved. b. A warrant to seize computers or computer-related evidence is being sought, prior to the preparation of the warrant. 3. For investigations concerning identity theft, comply with (P.G. 207-34), "Complaints Involving Identity Theft." NOTE: Notification to the Computer Crimes Squad concerning search warrants will be of a limited nature pertaining only to computers and computer-related equipment to be seized. ADDITIONAL DATA When requested, the Computer Crimes Squad will provide technical assistance in properly securing computer evidence, conducting computer forensic examinations and preparing warrants. The Computer Crimes Squad will make the determination whether a response to the scene is required, based on the totality of the circumstances presented in each case. P.G. 207-21 Allegations Of Corruption And Other Misconduct Against Members Of The Service Date Effective: 08-01-13 PURPOSE To process allegations of corruption and other misconduct against members of the service. SCOPE All members of the service must be incorruptible. An service will not tolerate members of the service who other misconduct. All members of the service have an any corruption or other misconduct, or allegation of misconduct, of which they become aware. honest member of the engage in corruption or absolute duty to report corruption or other DEFINITION CORRUPTION/OTHER MISCONDUCT: Criminal activity or other misconduct of any kind including the use of excessive force or perjury that is committed by member of the service whether on or off duty. PROCEDURE Upon observing, or becoming aware of corruption or other misconduct or upon receiving an allegation of corruption or other misconduct involving a member of the service: NOTE: To prevent interruption or delay in vital services, a telephone switchboard operator will refer any allegation of corruption or other misconduct to the desk officer, who will record the details of the allegation(s). MEMBER OF THE SERVICE CONCERNED 1. Telephone Internal Affairs Bureau, Command Center (212) 741-8401(24 hours) or 1-800-PRIDE PD (24 hours) or (212) CORRUPT (24 hours). a. Give preliminary facts. b. Identify self or, if opting to remain anonymous, obtain Confidential Identification Number from Command Center Investigator. c. Furnish details of corruption or misconduct. NOTE: In certain cases, supervisory personnel assigned to the Command Center of the Internal Affairs Bureau may direct on duty members not reporting anonymously to prepare a detailed written report in addition to a telephone notification or request the member(s) concerned to await the arrival of an investigator. OR 2. Prepare a detailed written report addressed to the Chief of Internal Affairs. a. Forward DIRECT, or via FAX (212) 741-8408, to the Command Center, 315 Hudson Street within twenty-four hours. MEMBERS MAY OPT TO REPORT ALLEGATIONS OF CORRUPTION/ MISCONDUCT IN WRITING ANONYMOUSLY 3. Prepare a detailed written report, upon becoming aware of misconduct and forward to: a. Chief of Internal Affairs, or b. Box 1001, New York, N.Y. 10014. NOTE: Obtaining a Confidential Identification Number from the Command Center investigator will satisfy the member's reporting responsibility, if the information reported is accurate and complete. Subsequent or ongoing reporting is encouraged to insure the information is timely and complete and may be made by referencing the Confidential Identification Number. ADDITIONAL DATA A member of the service having or receiving information relative to corruption or other misconduct, or an allegation of corruption or other misconduct, has the responsibility to report such information directly to the Internal Affairs Bureau, Command Center. Failure to report corruption, other misconduct, or allegations of such act is, in itself, an offense of serious misconduct and will be charged as such when uncovered during an investigation. Conduct designed to cover up acts of corruption, prevent or discourage its report, or intimidate those who would report it, will be charged as an obstruction of justice or other criminal act with the consent of the prosecutor who has criminal jurisdiction. A member of the service receiving an allegation of corruption against oneself will request a supervising officer to respond to the scene. The supervising officer will interview the complainant and confer with the Internal Affairs Bureau, Command Center, BEFORE interviewing the member concerning the allegation. RELATED PROCEDURES Allegations of Corruption Against City Employees (Other than Members of the New York City Police Department) (P.G. 207-22) Processing Civilian Complaints (P.G. 207-31) Civilian Complaints - Witness Statement (P.G. 207-30) P.G. 207-22 Allegations Of Corruption Against City Employees (Other Than Members Of The New York City Police Department) Date Effective: 08-01-13 PURPOSE To record allegations of corruption and/or serious misconduct and/or misconduct against federal, state or city employees, other than members of this Department, and provide for notifications to the appropriate agency. PROCEDURE Upon receiving, or becoming aware of, an allegation of corruption and/or serious misconduct and/or misconduct against a federal, state or city employee, other than a member of this Department: MEMBER OF THE SERVICE 1. Report the facts immediately to commanding officer, or if absent, the highest-ranking supervisor in the command. 2. Telephone Internal Affairs Bureau, Command Center (212) 741-8401 (24 hours) and: a. Identify self. b. Give telephone number where you can be reached. c. Give preliminary facts. d. Comply with instructions of ranking officer, Internal Affairs Bureau. SUPERVISORY MEMBER 3. Prepare report on Typed Letterhead, addressed to the Chief of Internal Affairs with all details. a. Forward original and copy in sealed white envelope addressed to: Internal Affairs Bureau, Command Center 315 Hudson Street, 3rd Floor New York, New York 10013 NOTE: A complaint against a federal, state or city employee other than a member of this Department, that does not involve an allegation of corruption and/or serious misconduct and/or misconduct (for example, Driving While Intoxicated or Domestic Violence) will be processed in accordance with the provisions of P.G. 207-01, "Complaint Reporting System." RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Preliminary Investigation of Complaints (Other than Vice Related or Narcotics Complaints) (P.G. 207-07) Allegations of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21) FORMS AND REPORTS Typed Letterhead P.G. 207-23 Missing Persons Date Effective: 06-16-14 PURPOSE To investigate, search for, refer, and record complaints of missing persons. DEFINITIONS MISSING PERSON - Person missing from a NEW YORK CITY RESIDENCE and: a. Under eighteen years of age, OR b. Mentally or physically impaired to the extent that hospitalization may be required, OR c. Senile, retarded or disabled and not capable of self-care or clear communication, OR d. Sixty-five years of age or older, OR e. Possible victim of drowning, OR f. Indicated an intention of committing suicide, OR g. Absent under circumstances indicating unaccountable or involuntary disappearance. NOTE: Missing person complaints WILL BE ACCEPTED for persons missing from temporary residences within New York City (hotels, rooming houses, etc.). However, complainants will also be instructed to report such cases to the local police agency covering the permanent residence of the missing person. UNDER NO CIRCUMSTANCES WILL COMPLAINANTS BE REFERRED DIRECTLY TO THE MISSING PERSONS SQUAD. Missing persons DO NOT INCLUDE the following: a. Persons wanted for crimes, OR b. Persons wanted on warrants, OR c. Persons eighteen years of age or older, who have left home voluntarily because of domestic, financial or similar reasons. These exclusions are intended for persons who are likely to have fled VOLUNTARILY as a direct result of their status (e.g. A person wanted for a crime fleeing to avoid prosecution). However, the exclusions listed above shall not be used as a justification for failing to accept a missing persons report when the totality of the circumstances indicate that a person may in fact be missing. PROCEDURE Upon receiving a complaint of a missing person: UNIFORMED MEMBER OF THE SERVICE 1. Respond to the scene, interview complainant and obtain: a. An accurate description of the subject. b. Clothing worn. c. Location where last seen. (1) If missing person is believed to be using public transportation, obtain information on the type of transportation, route and possible destination(s). d. Administration for Children's Services caseworker's name and telephone number, if applicable. e. Biological parents' name, address and telephone number, as appropriate. f. Ascertain whether missing person has Alzheimer's disease and is registered with the Alzheimer's Association Safe Return Program, as appropriate. (1) If so, determine whether person was wearing a Safe Return wristband or necklace and request that complainant provide the Safe Return identification number. (a) If the identification number is unknown, the responding member will call the Alzheimer's Association to obtain the number and any other information the Association has on the missing person. NOTE: There are no minimum time limits that must be observed before accepting a report of a missing person. However, when a person sixty-five years of age and older, or a child less than ten, or a senile/disabled person is missing from a hospital or institution, PRIOR TO INITIATING ANY OTHER ACTION, AN INITIAL SEARCH OF THE BUILDING WILL BE CONDUCTED TO VERIFY THAT SUCH PERSONS ARE ACTUALLY MISSING. A complainant could be, in addition to a member of the family, a legal or temporary guardian, a representative of the Department of Education, or a hospital administrator. 2. Request patrol supervisor to respond. 3. Notify desk officer of details. DESK OFFICER PRECINCT OF OCCURRENCE AND/OR PRECINCT OF RESIDENCE 4. Check precinct records to determine if missing person has been the subject of police action. DESK OFFICER PRECINCT OF OCCURRENCE 5. Notify desk officer, precinct of residence, for preparation of required reports, when applicable, unless an immediate investigation and/or search for the missing person is required. In these instances, the desk officer shall be notified after the search. 6. Notify PSA desk officer when missing person is a resident of a New York City Housing Authority development. 7. Ascertain if Missing Persons Squad has any information on the missing individual by requesting a records search. 8. Notify precinct detective squad. DESK OFFICER PRECINCT OF RESIDENCE 9. Direct the preparation of MISSING/UNIDENTIFIED PERSON REPORT (PD336-151) and COMPLAINT REPORT WORKSHEET (PD313-152A). a. Ensure that same complaint number is used for both MISSING/ UNIDENTIFIED PERSON REPORT and COMPLAINT REPORT. b. Have JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) prepared, if missing person is at least seven but less than sixteen years of age. c. Have NYS Domestic Incident Report (DCJS 3221) prepared, if circumstances indicate that youth is missing due to abuse, maltreatment, etc. d. Ensure that any information relating to a missing person registered with the Alzheimer's Association Safe Return Program is included in the MISSING/UNIDENTIFED PERSON REPORT under caption, "Remarks/Other Pertinent Information" (see step 1, subdivision f). NOTE: Missing Persons Squad cannot process a MISSING/ UNIDENTIFIED PERSON REPORT unless ALL captions are filled out. Members of the service are to contact Missing Persons Squad for assistance in the event information is unknown or not available. 10. Direct that MISSING/UNIDENTIFIED PERSONS REPORT (without FACSIMILE TRANSMITTAL SHEET [PD112-1410]) be FAXED to Missing Persons Squad, between 0630 and 2300 hours only. (Do not FAX between 0700-0800, and 1500-1600). a. Have command clerk enter Missing Persons Squad case number and name of member who assigned case number on the MISSING/UNIDENTIFIED PERSON REPORT when received. NOTE: Whenever FAX machines are unavailable or inoperable, the Missing Persons Squad intake desk will continue to accept MISSING/UNIDENTIFIED PERSONS REPORTS by telephone between 0630 and 2400 hours. In addition, Missing Persons Squad members will be available for conferral during those hours as well. WHEN IMMEDIATE INVESTIGATION AND/OR SEARCH IS REQUIRED: NOTE: An immediate investigation and/or search is required for the following "special category" missing persons: a. Child under sixteen years of age, OR b. Mentally/physically impaired to the extent that hospitalization may be required, OR c. Senile, retarded or disabled and not capable of self-care or clear communication, OR d. Sixty-five years of age or older, OR e. Unique/unusual case, OR f. Missing under circumstances indicating unaccountable or involuntary disappearance, OR g. Possible drowning victim. DESK OFFICER PRECINCT OF OCCURRENCE 11. Open and maintain Command Post Log at desk. NOTE: Maintain, in front of Command Post Log, a listing of "special category" missing persons captioned as follows: NAME OF MISSING PERSON SAFE RETURN INFORMATION AGE DATE OF REPORT PAGE NUMBER 12. Make the following additional notifications: a. Precinct commander/duty captain for "special category" missing persons in subdivisions "a" through "e" above. b. Precinct platoon commander, if child under ten is missing. (1) The precinct commander/duty captain will be notified and perform the duties of the platoon commander, if the platoon commander is unavailable. c. Precinct detective squad, precinct of occurrence to respond and assist in search. (1) If no detective is available, notify the detective borough dispatcher. d. Operations Unit e. Missing Persons Squad - Notify of identity of member assigned to conduct the immediate investigation and/or search. PATROL SUPERVISOR/ASSIGNED DETECTIVE 13. Direct, coordinate and control the search in the appropriate areas. a. If a child under ten years of age is missing, the platoon commander, precinct of occurrence, shall perform steps 13 through 18. NOTE: If the platoon commander is not immediately available, the patrol supervisor/assigned detective will commence the search immediately pending the arrival of the platoon commander or the precinct commander/duty captain. 14. Request additional personnel, as required. a. Emergency Service Unit, if needed. b. Aviation Unit to survey rooftops, when necessary. c. PSA platoon commander and/or PSA patrol supervisor, if missing person is a resident of a NYC Housing Authority development. d. Borough task force, if needed. (1) Patrol Supervisor will consult with the commanding officer/duty captain prior to activating a Level 1 mobilization, absent exigent circumstances (see "ADDITIONAL DATA"). 15. Request Communications Section to broadcast description of missing person to members on patrol. a. If missing person is believed to be using public transportation, request broadcast of description to precincts along travel route, and notify Transit Bureau (subways) and/or Traffic Management Center (buses), as appropriate. 16. Initiate search at location where missing person was last observed. a. If missing person's residence is within search pattern have entire building thoroughly searched. b. Include travel route, if any, in search pattern. 17. Direct members performing the search to maintain records of area, routes and premises searched and identities of persons questioned. 18. Keep the following informed of progress of search: a. Precinct commander/duty captain, when applicable b. Desk officers (precincts of occurrence and residence, if different) c. Missing Persons Squad (1) Make notification within a reasonable time (usually four hours BUT NOT LATER THAN END OF TOUR) of progress of search. Upon completion of investigation and search, obtain the Missing Persons Squad serial number. d. Operations Unit e. Communications Section. PSA PLATOON COMMANDER/PATROL SUPERVISOR 19. Assist in search efforts when notified that missing person is a resident of a NYC Housing Authority development. a. Assign available Housing Bureau resources to assist in search, as necessary. b. Act as liaison with other NYC Housing Authority personnel, as necessary. DESK OFFICER PRECINCT OF RESIDENCE 20. Review and forward MISSING/UNIDENTIFIED PERSON REPORT and JUVENILE REPORT SYSTEM WORKSHEET, if prepared, as per instructions on forms. a. Enter precinct serial number on JUVENILE REPORT SYSTEM WORKSHEET prior to forwarding. 21. Review COMPLAINT REPORT and finalize in On Line Complaint System. ASSIGNED DETECTIVE 22. Forward COMPLAINT FOLLOW-UP (PD313-081) within seven working days detailing the steps taken in the preliminary investigation, UNLESS the investigation was closed on the MISSING/UNIDENTIFIED PERSON REPORT. COMMANDING OFFICER/DUTY CAPTAIN 23. Supervise and review actions taken by members of the service. 24. Ensure that all forms are properly prepared and forwarded. ADDITIONAL DATA ACTIVATING LEVEL 1 MOBILIZATION The platoon commander or patrol supervisor will not activate a Level 1 mobilization for a missing person without first consulting the commanding officer/duty captain. If additional personnel are deemed necessary by the platoon commander or patrol supervisor, they may, without prior consultation, deploy personnel from their command (e.g., administrative personnel, specialized personnel, etc.) to assist in missing person investigation. If there are exigent circumstances and an immediate need for additional personnel for a missing person investigation (e.g., possible kidnapping-in-progress, etc.), the platoon commander or patrol supervisor may activate a Level 1 mobilization without prior approval, and consult with the commanding officer/duty captain as soon as possible. SIXTY YEARS OF AGE AND OLDER - The Missing Persons Squad will make a daily telephone notification to the New York City Department for the Aging (DFTA) of persons sixty years of age and older who were reported missing the previous calendar day. Hours of operation for the DFTA are 0900 to 1700 hours, Monday thru Friday, and the Missing Persons Squad will notify DFTA the next business day for missing persons reported on weekends or holidays. The telephone notification shall include the name, address, and contact numbers of a family member and/or caretaker of the missing person. A brief synopsis of the details along with the missing person's medical situation shall also be included in the telephone notification to DFTA. NON-RESIDENTS - A report of person missing from a residence OUTSIDE New York City WILL NOT BE ACCEPTED. The complainant will be directed to report the case to the local police agency covering the residence of the missing person. The local police may request this Department to assist in the investigation. SUBJECT OF A CRIME - When a person reported missing or unidentified is found to be the subject of a crime, the investigating member will notify the desk officer, precinct of residence and precinct of occurrence (if different) and Missing Persons Squad. The member will also prepare a COMPLAINT FOLLOW-UP to close the missing person case. The member will then prepare another COMPLAINT REPORT and have a new complaint serial number assigned to the case. The Missing Persons Squad is required to make a report, through NYSPIN, as soon as possible, to the Central Registry, upon receiving a notification of a missing child under eighteen years of age. RELATED PROCEDURES Unidentified Persons (P.G. 216-03) Notifications (P.G. 216-15) On-Line Juvenile Report System (P.G. 215-08) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) COMPLAINT REPORT (PD313-152) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) MISSING/UNIDENTIFIED PERSON REPORT (PD336-151) NYS Domestic Incident Report (DCJS 3221) P.G. 207-24 This Procedure Intentionally Left Blank Date Effective: 01-01-00 P.G. 207-25 Notifications From Caseworkers Employed By The Protective Services For Adults And Department For The Aging Date Effective: 08-01-13 PURPOSE To provide a comprehensive mechanism for receiving and responding to reports of crimes committed against clients (and prospective clients) of the Protective Services for Adults (PSA) and Department for the Aging (DFTA). SCOPE This procedure establishes the manner in which the Department will receive, record, and, in appropriate circumstances, commence an investigation in those cases where caseworkers, employed by the Protective Services for Adults and/or Department for the Aging, are presented with facts and circumstances giving the caseworker reason to believe that a crime has been committed against a client or any person being evaluated to become a client. DEFINITIONS IMPAIRED ADULT ABUSE - the physical, sexual, emotional, or financial abuse and/or neglect of a physically or mentally impaired adult, eighteen years of age or older, who is unable to provide for his/her own health, welfare or safety. ELDER ABUSE - the physical, sexual, emotional, or financial abuse and/or neglect of an individual sixty years of age or older. PROCEDURE Upon receiving a report from a caseworker, employed by either the Protective Services for Adults or Department of the Aging, alleging that a client of the agency or a person being evaluated to become a client has been the victim of a crime: MEMBER OF THE SERVICE RECEIVING REPORT 1. Ascertain immediately if report relates to on-going condition that threatens health or safety of victim. IF HEALTH OR SAFETY OF VICTIM APPEARS TO BE IN IMMEDIATE DANGER: 2. Request medical assistance to the scene of occurrence. a. Ensure response of police personnel and resources, including Emergency Service Unit and patrol supervisor, as necessary. IF HEALTH OR SAFETY OF VICTIM DOES NOT APPEAR TO BE IN IMMEDIATE DANGER: 3. Notify Communications Section and request appropriate unit to be dispatched to scene. UNIFORMED MEMBER OF THE SERVICE ASSIGNED 4. Respond to scene, and: a. Interview complainant/victim, witnesses and caseworker. b. Comply with applicable "Aided Case" procedures, if necessary. c. Conduct thorough field investigation, obtain facts and safeguard evidence. 5. Comply with P.G. 207-07, "Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints)" and P.G. 208-36, "Family Offenses/Domestic Violence," if applicable. a. Canvass area for witnesses, if appropriate. 6. Notify crime prevention officer, in addition to any other required notifications. NOTE: The crime prevention officer, who is designated to act as the liaison between this Department and caseworkers for the Protective Services for Adults Agency and Department for the Aging, will be notified in all cases when a caseworker employed by either agency makes a report of an elderly/impaired victim. 7. Notify precinct detective squad or domestic violence investigator, if appropriate, in all cases requiring further investigation. a. Notify Detective Bureau's Special Frauds Squad in cases where elderly persons are victims of financial exploitation, con games and home repair scams. NOTE: Cases involving incidents of domestic violence will continue to be the responsibility of the Domestic Violence Prevention Officer/Investigator, who will be notified directly. ADDITIONAL DATA Whenever possible, Protective Services for Adults and Department for the Aging caseworkers requiring police assistance in any given situation will contact the liaison at the precinct concerned to make advance arrangement for such assistance. When advance arrangement is not possible, caseworkers concerned will contact the desk officer, precinct concerned, to request such assistance. When the situation constitutes an emergency, caseworkers will contact 911 and request response. Protective Services for Adults and Department of the Aging are valuable resources whose services may be utilized by members of the service (uniformed and civilian) to secure additional assistance when dealing with cases involving long-term investigation or those requiring access to financial or other records. The assigned investigator should attempt to obtain assistance from the Protective Services for Adults or Department of the Aging caseworker through the precinct crime prevention officer. Protective Services for Adults caseworkers are experienced in arranging for the provision of food, shelter, medical care and financial assistance to physically or mentally impaired adults. In addition, Protective Services for Adults personnel are authorized by law to intervene to prevent evictions, assist clients in obtaining public assistance, and assist in arranging for heat, electric and cleaning services for clients in need of these services when no other family member is willing and/or able to do so on the client's behalf. The most typical client is a person sixty years and older, physically or mentally impaired without family ties. Department for the Aging provides emergency financial assistance and supportive services to elderly crime victims and elder abuse victims. Services include providing crime prevention and supportive counseling, home security repairs, i.e., windows and door locks for victims of forced entries, help in replacing stolen documents, assistance in filing Crime Victim Compensation Board claims, and securing other services such as Home Energy Assistance Program (HEAP) and Meals on Wheels. The operational hours for both the Protective Services for Adults and Department of the Aging are Monday through Friday, 0900 to 1700 hours. Each District Attorney's Office within the City of New York has special units or has assigned assistants to specialize in cases involving the elderly. In the event that such assistance is required, the member of the service concerned should contact the appropriate Office of the District Attorney during business hours and confer with the unit/assistant assigned to handle these cases. P.G. 207-26 Voluntary Surrender Of Weapons With Written Notice Date Effective: 08-01-13 PURPOSE To encourage and record the voluntary surrender of dangerous weapons. PROCEDURE When a person asks how to surrender a dangerous weapon: UNIFORMED MEMBER OF THE SERVICE 1. Direct person requesting such information to write a "notice of intent to surrender weapon" to the commanding officer of resident precinct including: a. Name and address b. Description of weapon c. Present location of weapon, and d. Time, date and place where weapon will be surrendered. NOTE: If at the time of inquiry, the person physically possesses the weapon, the uniformed member of the service concerned will escort the person to the appropriate command where "Voluntary Surrender of Weapons Without Prior Notice" procedure will be followed (see P.G. 207-27). CLERICAL MEMBER 2. Enter name and address of writer and description of weapon in the Command Communications Log upon receipt of the written notice, and forward same to command clerk. COMMAND CLERK 3. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). 4. Attach copy of written "notice of intent" to file copy of the COMPLAINT REPORT (PD313-152). DESK OFFICER 5. Forward copy of COMPLAINT REPORT with the original "notice of intent" attached to precinct detective squad. RELATED PROCEDURE Voluntary Surrender of Weapons Without Prior Notice (P.G. 207-27) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 207-27 Voluntary Surrender Of Weapons Without Prior Notice Date Effective: 08-01-13 PURPOSE To encourage and record the voluntary surrender of dangerous weapons. PROCEDURE When a person appears at a Department facility to surrender a dangerous weapon without having given prior notice: DESK OFFICER 1. Request identification. 2. Make Command Log entry, including person's name and address, description of the weapon and other circumstances. COMMAND CLERK 3. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A), PROPERTY CLERK INVOICE (PD521-141) and other appropriate forms. a. If weapon is a firearm, also prepare REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168). DESK OFFICER 4. Summon precinct detective squad member to take charge of the weapon and the person surrendering. FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) P.G. 207-28 Recording Of Complaints Occurring Within The New York City Transit System Date Effective: 12-04-13 PURPOSE To assist members of the service in the proper preparation and forwarding of COMPLAINT REPORT WORKSHEETS (PD313-152a) pertaining to complaints under the jurisdiction of the N.Y.P.D. Transit Bureau. PROCEDURE When assigned to prepare a COMPLAINT REPORT WORKSHEET involving complaints alleged to have occurred under the jurisdiction of the Transit Bureau: MEMBER OF THE SERVICE 1. Interview complainant thoroughly to ascertain: a. "Type of Location" and applicable "Jurisdiction Code." NOTE: "Jurisdiction Code" refers to the bureau, division or agency having primary patrol responsibility over the specific location of occurrence. (See "ADDITIONAL DATA"). 2. Comply with the following for complaints that are under the jurisdiction of the Transit Bureau (i.e., New York City subway or elevated train lines): a. Enter the word "NYC Transit Subway" in the "Type of Location (specific)" caption of the COMPLAINT REPORT WORKSHEET b. Enter "01" as the jurisdiction code (meaning Transit Bureau) in Box 1 entitled "Jurisdiction" c. Enter the name of the train station of occurrence and the train line(s) that run at the location of incident in the "Address/Location of Occurrence" caption of the COMPLAINT REPORT WORKSHEET. i. Examples: 86 Street Station - "1, 9" lines Parsons Blvd. Station - "F" line High St. Station - "A, C" lines. NOTE: To identify the appropriate "Location of Occurrence" for incidents occurring on a moving train, the incident will be recorded as occurring at the next (very first) station where the train stops regardless of precinct or patrol borough boundaries. d. Fully describe the incident and reconstruct the elements of the offense(s) if any ,and in addition, record the following information in the "Details" section of the COMPLAINT REPORT WORKSHEET: i. Time of victim's entry into the transit system ii. Station of entry into the transit system iii. Specific incident location in the transit system, e.g., train platform, mezzanine, booth, elevator, passageway, ramp, stairway, street stairway, escalator, etc. (a)If incident occurred on the train, indicate direction of travel (northbound/southbound/Manhattan bound, etc.), train line (letter or number) and train car location (indicate car number or location of car as front, middle, rear of train) if known Examples: Northbound "4" train, car #944 Southbound "R" train, rear car (b)If incident occurred on a N.Y.C. Transit System stairway, street stairway, passageway, ramp, escalator or booth, indicate the common N.Y.C. Transit System marking visibly posted or painted upon the location, if known Examples: S-3 (Street stairway) M-4 (Mezzanine stairway) iv. Method of escape, i.e., onto tracks, into tunnel, street, etc. v. Total value of property damaged - in criminal mischief cases vi. NOTIFICATIONS - include the rank, name, shield number and command of members notified from units within the Department, i.e., Borough Transit Detective Squad, Precinct Detective Squad/BRAM, Missing Persons Squad, Transit Bureau Wheel, etc.) PRECINCT/PSA DESK OFFICER 3. Verify that required notifications and proper referral of active cases have been made. 4. Review COMPLAINT REPORT WORKSHEET and make certain that necessary captions are completed and required information is provided in the "Details" section of the report. 5. Sign COMPLAINT REPORT WORKSHEET, upon verification that information is accurate and complete. 6. Give COMPLAINT REPORT WORKSHEET to command clerk for entry into the On-Line Complaint System (OLCS), as appropriate. 7. Direct command clerk to IMMEDIATELY FAX the COMPLAINT REPORT WORKSHEET to the desk officer, transit district of record so that the district concerned may take appropriate supplemental action, as necessary. a. Have command clerk telephone the district concerned to ensure receipt of FAXED report. NOTE: If command's FAX machine is inoperable for any reason, the details of the COMPLAINT REPORT WORKSHEET MUST be telephoned to the desk officer, transit district of record. The desk officer, transit district of record shall ensure that the telephoned details are recorded on a COMPLAINT REPORT WORKSHEET. 8. Have command clerk enter the transit district of record and the title/rank, name of the district member receiving the report in the "Details" section of the COMPLAINT REPORT WORKSHEET. 9. Retain COMPLAINT REPORT WORKSHEET in command file. 10. Ensure that those members of the service assigned to the operation of the On-Line Complaint System (OLCS) enter the required transit - related information and correct jurisdiction code in the appropriate fields PRIOR TO FINALIZATION (i.e., "sign off") of the On-Line Complaint. ADDITIONAL DATA All members of the service are reminded that a clear distinction exists between the "Jurisdiction" code and the "Reporting Agency" code listed on a COMPLAINT REPORT WORKSHEET/COMPLAINT REPORT FOLLOW-UP (PD313-081). The "Jurisdiction" code refers to the bureau, division or agency having the primary patrol responsibility over the location of occurrence. The Transit Bureau (Jurisdiction code "01") has primary responsibility to patrol the New York City subway, subway stations and elevated train lines and the Transit Bureau District offices only. Accordingly, complaints not under the jurisdiction of the NYPD Transit Bureau shall NOT be classified as "01" (Transit Bureau). Some stairways, street stairways, passageways and ramps are the property of other transportation facilities such as the LIRR (code "06), PATH (code "03"), AMTRAK (code "07"), or Metro-North (code "15"). Complaints alleged to have occurred at these locations are considered off the NYC Transit System and the appropriate jurisdiction code MUST be entered by the member of the service preparing a COMPLAINT REPORT WORKSHEET/COMPLAINT REPORT FOLLOW-UP. The Pattern Identification Module (PIM) Transit Bureau Liaison assigned to each Patrol Services Bureau Borough command will thoroughly review all complaints, regardless of jurisdictional code, to ensure that all transit-related crimes have been reported to the appropriate transit district of record. The "Reporting Agency" code refers to the specific assignment of the member of the service who is preparing the COMPLAINT REPORT WORKSHEET/COMPLAINT REPORT FOLLOW-UP or who effected the recorded arrest, as follows: Code "00" NYPD MOS (not assigned to Transit Bureau or Housing Bureau) Code "01" NYPD Transit Bureau MOS Code "02" NYPD Housing Bureau MOS Codes "03 through 15" Other Agency Officers RELATED PROCEDURES Follow-Up Investigations Of Complaints Already Recorded (P.G. 207-09) FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD 313-152a) COMPLAINT REPORT FOLLOW-UP (PD 313-081) P.G. 207-29 Field Reports Date Effective: 08-01-13 PURPOSE To investigate, take corrective action and record non-criminal conditions occurring on N.Y.C. Housing Authority locations. SCOPE FIELD REPORT (PD313-1511) will be used to record the following non-criminal conditions occurring on N.Y.C. Housing Authority locations: a. Playing in prohibited areas b. Noise complaints c. Other breaches of Housing Authority Rules and Regulations d. Follow-up dispositions e. Repairs f. Damage, accidental g. Damage, non-criminal h. Damage, cause unknown i. Lingering j. Complaint unclassified k. Abandoned and derelict vehicles l. Resident disputes m. Fire, non-suspicious n. Other conditions as specified by appropriate Patrol Guide procedures. PROCEDURE When becoming aware of any of the above non-criminal conditions occurring on N.Y.C. Housing Authority locations: UNIFORMED MEMBER OF THE SERVICE 1. Take appropriate police action. 2. Make a complete and accurate ACTIVITY LOG (PD112-145) entry. 3. Prepare FIELD REPORT and deliver to police service area desk officer. a. Obtain and enter serial number assigned in ACTIVITY LOG. b. Telephone details to police service area clerk for preparation of FIELD REPORT, if assigned to foot patrol or delivery of FIELD REPORT is not practical. (1) Sign FIELD REPORT at end of tour, if possible. COMMAND CLERK 4. Enter reported condition on INCIDENT INDEX - ON DEVELOPMENT (NYCHA 080.105). a. Assign the next serial number and have serial number entered on FIELD REPORT. 5. Submit completed FIELD REPORTS to police service area desk officer. PSA DESK OFFICER 6. Review FIELD REPORTS for completeness and accuracy. a. Ensure that necessary captions are completed and sign. 7. Distribute copies of FIELD REPORTS, as follows: a. Original - Police Service Area of occurrence. b. 1st copy - Housing Authority Development Manager, during second platoon, next business day. c. 2nd copy - Reporting officer. ADDITIONAL DATA Uniformed members of the service not assigned to police service area commands, that prepare a FIELD REPORT, must contact the police service area of occurrence by telephone and request a FIELD REPORT serial number from the command clerk. Once the FIELD REPORT has been fully prepared, numbered, and signed by the desk officer, the FIELD REPORT will be forwarded direct to the police service area of occurrence, via Department mail. FORMS AND REPORTS ACTIVITY LOG (PD112-145) FIELD REPORT (PD313-1511) INCIDENT INDEX - ON DEVELOPMENT (NYCHA 080.105) P.G. 207-30 Civilian Complaints - Witness Statement Date Effective: 08-01-13 PURPOSE To record and process statements of witnesses to incidents from which a civilian complaint arises. PROCEDURE When a person is present in a Department facility and wishes to make a statement as a witness to an incident involving a civilian complaint: MEMBER OF THE SERVICE 1. Interview witness. NOTE: If the witness appears to have difficulty understanding/communicating in English, the member of the service concerned should comply with P.G. 212-90, "Guidelines for Interaction with Limited English Proficient (LEP) Persons." Due to the sensitive nature of corruption/misconduct complaints, the use of the telephonic interpretation service is the preferred interpretation method in these types of cases. If the complainant appears to be hearing impaired, the member of the service receiving the complaint should comply with P.G. 212-104, "Interaction with Hearing Impaired Persons." 2. Provide witness with first copy of CIVILIAN COMPLAINT REPORT (PD313-154) to be prepared in witness's own handwriting. 3. Prepare CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) (PD313-154B) and include the following under caption "Additional Comments:" a. If witness is apparently under the influence of an intoxicant or drug. b. If witness is apparently suffering from a mental disorder or evidences any condition bearing on his/her credibility. c. Physical condition of witness, noting any visible marks or injuries relative to the complaint. 4. Have four typewritten copies of CIVILIAN COMPLAINT REPORT and two typewritten copies of CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) prepared. a. Enter same serial number on witness statement as is assigned to the related civilian complaint. 5. Have witness sign copies of CIVILIAN COMPLAINT REPORT, under caption "Complainant's Signature" (cross out "Complainant" and insert "Witness"). NOTE: The witness is NOT to sign the CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). 6. Review and sign all copies of the CIVILIAN COMPLAINT REPORT and the CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). 7. Give one typewritten copy of CIVILIAN COMPLAINT REPORT, marked "Complainant Copy," to the witness as a receipt. NOTE: DO NOT GIVE WITNESS A COPY OF THE CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). 8. Attach one copy of witness's statement to each related copy of civilian complaint. 9. Process in accordance with P.G. 207-31, "Processing Civilian Complaints." ADDITIONAL DATA If witness appears at command after CIVILIAN COMPLAINT REPORT has been forwarded or at a command, other than where the original complaint was lodged, the desk officer/supervisor will comply with all procedures listed above. In addition, the desk officer/supervisor will telephone the Civilian Complaint Review Board, Intake Unit, to obtain the assigned Civilian Complaint Review Board or Chief of Department serial number. The assigned serial number must be entered on both the CIVILIAN COMPLAINT REPORT and the CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). RELATED PROCEDURES Processing Civilian Complaints (P.G. 207-31) Allegations of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21) FORMS AND REPORTS CIVILIAN COMPLAINT REPORT (PD313-154) CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) (PD 313-154B) P.G. 207-31 Processing Civilian Complaints Date Effective: 08-01-13 PURPOSE To record and initiate investigation of complaints from civilians alleging misconduct by uniformed members of the service. SCOPE Complaints against uniformed members of the service may be made at any patrol precinct, police service area, transit district, traffic unit, Internal Affairs Bureau, or any other office of the Department, including the Office of the Police Commissioner or office of a deputy commissioner. DEFINITIONS INVESTIGATING SUPERVISOR - for the purpose of this procedure will be: a. In a patrol command - the Platoon Commander, Special Operations Lieutenant, or Integrity Control Officer of the command receiving the complaint will conduct investigation. (1) If the Platoon Commander, Special Operations Lieutenant, or the Integrity Control Officer is unavailable, the commanding officer/duty captain will assume charge of the preliminary investigation. b. In other than a patrol command - a supervisor or duty captain from the next higher command will perform the investigation. SUPERVISOR REVIEWING CIVILIAN COMPLAINT - Supervising member of the service who reviews a CIVILIAN COMPLAINT REPORT (PD313-154) prepared by a subordinate member. The reviewer must be at least one rank higher than the member receiving the CIVILIAN COMPLAINT REPORT. PROCEDURE Upon receipt of a complaint from a civilian alleging misconduct by a uniformed member of the service: MEMBER OF THE SERVICE RECEIVING COMPLAINT 1. Report all misconduct complaints (see exceptions in following "NOTE:") including unnecessary use of force, abuse of authority, discourtesy, offensive language, etc., to Civilian Complaint Review Board, Intake Unit at 1-800-341-2272 (24 hours). NOTE: Complaints of corruption or other misconduct not within the jurisdiction of the Civilian Complaint Review Board will be referred to the Internal Affairs Bureau Command Center (see P.G. 207-21, "Allegations of Corruption and Other Misconduct Against Members of the Service"). 2. Process complaints as follows: a. MADE IN PERSON (1) Interview complainant. (2) Give complainant first copy of CIVILIAN COMPLAINT REPORT (PD313-154) to be prepared in complainant's own handwriting. (3) Furnish assistance or allow other person to assist in preparing the form. Enter under "Details" reason assistance was given. (4) Have complainant sign form under appropriate caption and have representative or person assisting, if any, sign form under caption "Details." b. RECEIVED BY MAIL (1) Attach original letter of complaint to first copy of CIVILIAN COMPLAINT REPORT ordinarily prepared by civilian complainant. (2) Make photocopy of original letter of complaint and attach to file copy of CIVILIAN COMPLAINT REPORT. (3) Enter Civilian Complaint Review Board or Chief of Department serial number, as appropriate, in a conspicuous location at the top of original letter of complaint. c. RECEIVED BY TELEPHONE (1) Prepare first copy of CIVILIAN COMPLAINT REPORT in own handwriting and treat as if prepared by complainant. All captions are to be completed. If requested information is not given, indicate such in appropriate captions on REPORT. (2) Advise complainant he/she will receive a written acknowledgement from the Civilian Complaint Review Board. d. IN PERSON (DOES NOT WANT TO IMMEDIATELY MAKE COMPLAINT) - When a complainant is present in any police facility and does not want to immediately make a complaint or furnish the member of the service receiving the complaint with details of the incident: (1) PROVIDE the complainant with the first (1st) copy of CIVILIAN COMPLAINT REPORT. (2) Advise complainant that the complaint may be delivered in person, taken over the telephone, or sent by mail to any patrol precinct, police service area, transit district, traffic unit, Internal Affairs Bureau, or any other office of the Department, including the Office of the Police Commissioner or office of a deputy commissioner. IN ADDITION, provide the complainant with the telephone number of the Civilian Complaint Review Board, Intake Unit at 1-800-341-2272 (24 hours). (3) When a member of the service receives a request for a CIVILIAN COMPLAINT REPORT, the desk officer/ supervisor will be advised and a Command Log entry will immediately be made and shall include the name of the complainant, if provided, physical description, e.g., sex, race, age and any other pertinent information. NOTE: If the complainant appears to have difficulty understanding/communicating in English, the member of the service concerned should comply with P.G. 212-90, "Guidelines for Interaction with Limited English Proficient (LEP) Persons." Due to the sensitive nature of corruption/misconduct complaints, the use of the telephonic interpretation service is the preferred interpretation method in these types of cases. If the complainant appears to be hearing impaired, the member of the service receiving the complaint should comply with P.G. 212-104, "Interaction with Hearing Impaired Persons." To prevent an interruption or delay in vital services, the telephone switchboard operator will refer an allegation of misconduct to the desk officer who will record pertinent details of the allegation. 3. Prepare CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) (PD313-154B) and include the following under the caption "Additional Comments:" a. If complainant is apparently under the influence of an intoxicant or drug. b. If complainant is apparently suffering from a mental disorder or evidences any condition bearing on his/her credibility. c. Physical condition of complainant, noting any visible marks or injuries relative to the complaint. (1) Take photograph of area of body that was reportedly injured, when possible, with complainant's consent. 4. Inform Civilian Complaint Review Board, Intake Unit, immediately by telephone 1-800-341-2272 (24 hours) of: a. Summary of alleged misconduct. b. Time complainant arrived, or letter or call received. c. Name and address of complainant. Indicate if anonymous, transient or homeless. d. Rank, name, shield number and command of member complained of, if known. e. Reporting command. f. Name, rank, and command of member transmitting information. NOTE: A follow-up notification to the Internal Affairs Bureau Command Center at (212) 741-8401, will also be made to obtain an Internal Affairs Bureau log number. Indicate that number on the top of the CIVILIAN COMPLAINT REPORT, under the caption I.A.B. LOG #. 5. Obtain Civilian Complaint Review Board or Chief of Department serial number and time recorded from Civilian Complaint Review Board, Intake Unit, and enter on CIVILIAN COMPLAINT REPORT. 6. Request complainant and/or witnesses to remain if: a. Requested by Civilian Complaint Review Board, Intake Unit, pending telephone and/or in person interview by investigator to clarify complaint allegation(s), etc. b. Complaint has been assigned a Chief of Department serial number and the complainant is a transient or homeless. 7. Notify Investigating Supervisor to initiate investigation of alleged complaint(s) if: a. Doubt exists as to the identity of the member of the service against whom the complaint is being lodged, OR b. Complaint has been assigned a Chief of Department serial number and the complainant is a transient or homeless. 8. Have four typewritten copies of CIVILIAN COMPLAINT REPORT and two typewritten copies of CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) prepared. 9. Review and sign all copies of CIVILIAN COMPLAINT REPORT and CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). 10. Give one typewritten copy of CIVILIAN COMPLAINT REPORT, marked "Complainant Copy," to the complainant as a receipt. NOTE: DO NOT GIVE COMPLAINANT A COPY OF THE CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET). 11. Have a Command Log entry made consisting of the following information: a. Name and address of complainant. b. Time of complainant's arrival and departure or time of receipt of letter or telephone call. c. Physical condition of complainant, noting any visible marks or injuries relative to the complaint. d. Identity of member complained of, if known. e. Civilian Complaint Review Board or Chief of Department serial number assigned. 12. Have two copies of Typed Letterhead prepared in a command not maintaining a Command Log, addressed to the commanding officer, and containing the information described in step 11. INVESTIGATING SUPERVISOR 13. Initiate investigation as indicated in step 7 above. 14. Notify the Civilian Complaint Review Board, Intake Unit at (800) 341-2272 (24 hours) of the results of the investigation. 15. Record the results of the investigation on the CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY WORKSHEET) under the caption "Additional Comments" and return to the member of the service receiving complaint for distribution. 16. Record results of investigation in Command Log. a. Commands not maintaining a Command Log will record the results of the investigation as per step 12 above. 17. Notify the commanding officer/duty captain if unable to ascertain the identity of the member against whom the complaint is being lodged. SUPERVISOR REVIEWING CIVILIAN COMPLAINT REPORT 18. Review CIVILIAN COMPLAINT REPORT prepared by member of the service receiving complaint. a. If a civilian complaint is made in person or by telephone and it involves member(s) of the reporting command, ensure that all related Department documents are included with the REPORT (See NOTE: following step 20). b. Complete following captions: "Title, Tax Registry Number and Signature of Reviewing Supervisor, Name Printed, and Date". c. Submit entire package to commanding officer. COMMANDING OFFICER OF MEMBER RECEIVING COMPLAINT 19. Endorse and forward original Typed Letterhead to next higher command maintaining a Command Log. a. Have duplicate filed. 20. Distribute copies of CIVILIAN COMPLAINT REPORT and CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) as follows: a. Complaints within Civilian Complaint Review Board jurisdiction: (1) Forward original typewritten CIVILIAN COMPLAINT REPORT, handwritten complaint and "Investigating Entity" copy of the STATISTICAL SUMMARY SHEET, with photograph, if taken, to Internal Affairs Bureau, Civilian Complaint Review Board Liaison, in a sealed envelope, DIRECT (2) Distribute remaining copies of CIVILIAN COMPLAINT REPORT and STATISTICAL SUMMARY SHEET as indicated at bottom of each form. b. Complaints within the Chief of Department jurisdiction: (1) Forward original typewritten CIVILIAN COMPLAINT REPORT, handwritten complaint and "Investigating Entity" copy of the STATISTICAL SUMMARY SHEET, to Investigation Review Section, Office of the Chief of Department, in a sealed envelope, DIRECT. (2) Distribute remaining copies of CIVILIAN COMPLAINT REPORT and STATISTICAL SUMMARY SHEET as indicated at bottom of each form. NOTE: When a complaint is made in person or by telephone and involves a member of the service assigned to the reporting command, attach to the CIVILIAN COMPLAINT REPORT (PD313-154): a. All department related documents, e.g., COMPLAINT REPORT WORKSHEET (PD313-152A), command log entries, ACTIVITY LOG (PD112-145) entries, SPRINT record, ROLL CALL (PD406- 144), etc. The completed package will then be forwarded to the Internal Affairs Bureau, Civilian Complaint Review Board Liaison Unit in Department mail. Department records will not be forwarded direct to the Civilian Complaint Review Board. ADDITIONAL DATA Complaints made against uniformed members of the service involving unnecessary use of force, abuse of authority, discourtesy or offensive language will be directed to the Civilian Complaint Review Board, Intake Unit, and be assigned a Civilian Complaint Review Board serial number. Additionally, complaints against uniformed members alleging other acts of misconduct, i.e., fail to properly perform duty, unwarranted traffic summons, etc., will be directed to the Civilian Complaint Review Board, Intake Unit, and be assigned a Chief of Department serial number. Complaints made against civilian members of the service, including traffic enforcement agents, which would normally be within the jurisdiction of the Civilian Complaint Review Board (i.e., unnecessary use of force, abuse of authority, discourtesy, or offensive language), will be directed to the Internal Affairs Bureau for screening at (212) 741-8401, 8402, 8403 or 8404. One typewritten copy of the CIVILIAN COMPLAINT REPORT will be given to the complainant as a receipt. The handwritten copy and the "Investigating Entity" copy of the CIVILIAN COMPLAINT REPORT and the "Investigating Entity" copy of the STATISTICAL SUMMARY SHEET will be forwarded to the Internal Affairs Bureau direct in a sealed envelope. The remaining copies of the CIVILIAN COMPLAINT REPORT and STATISTICAL SUMMARY SHEET will be distributed as indicated at the bottom of each form. It should be noted that NO portion of either the CIVILIAN COMPLAINT REPORT or the STATISTICAL SUMMARY SHEET is to be forwarded to the Civilian Complaint Review Board for complaints made against civilian members of the service. Steps 1, 4, 5 and 19 of this procedure do not apply to complaints involving civilian members of the service. Complaints alleging corruption or other misconduct against any uniformed or civilian member of the service, including traffic enforcement agents, will be directed to the Internal Affairs Bureau Command Center (see P.G. 207-21, "Allegations Of Corruption And Other Misconduct Against Members Of The Service"). If a civilian complaint originates at a precinct stationhouse/transit district/PSA and is the result of a radio run within the last twenty-four hours, the member of the service receiving the complaint will attach a copy of the "SPRINT" printout to the CIVILIAN COMPLAINT REPORT, prior to forwarding the paperwork to the Internal Affairs Bureau or the Investigation Review Section, Office of the Chief of Department. Any request for Department records made by representatives of the Civilian Complaint Review Board will be referred to the Internal Affairs Bureau, Civilian Complaint Review Board Liaison, for necessary attention. Department records will not be forwarded direct to the Civilian Complaint Review Board. Complaints against federal, state, or city employees, other than members of the New York City Police Department, involving allegations of corruption or serious misconduct, will be processed in accordance with P.G. 207-22, "Allegations of Corruption Against City Employees (Other than Members of the NYPD)." Any other complaint will be processed in accordance with P.G. 207-01, "Complaint Reporting System." A complainant seeking to register a complaint, which does not affect this Department or a federal, state, or city agency as described above, will be referred to the non-governmental entity concerned. The desk officer will explain the reason for the referral to the complainant, and will assist the complainant in lodging the complaint in any way possible with the proper agency. A member of the service may prefer a civilian complaint against another member of the service. Investigation of such complaint will be conducted by the commanding officer(s) assigned by the Commanding Officer, Investigation Review Section, Office of the Chief of Department. Whenever a member of the service is a victim of disparaging remarks relative to his/her ethnicity, race, religion, gender, or sexual orientation, made by another member of the service, he/she may register a complaint with the Civilian Complaint Review Board. The Civilian Complaint Review Board will record the complaint and forward a summary of the allegation to the Deputy Commissioner - Equal Employment Opportunity for investigation. The commanding officer of the member complained of will receive a copy of the CIVILIAN COMPLAINT REPORT from the Office of Equal Employment Opportunity. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Civilian Complaint - Witness Statement (P.G. 207-30) Allegations of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21) Allegations of Corruption Against City Employees (Other Than Members of the New York City Police Department) (P.G. 207-22) FORMS AND REPORTS CIVILIAN COMPLAINT REPORT (PD313-154) CIVILIAN COMPLAINT REPORT (STATISTICAL SUMMARY SHEET) (PD313-154B) Typed Letterhead P.G. 207-32 Investigation Of Carjackings Date Effective: 08-01-13 PURPOSE To investigate, refer, and analyze complaints of robberies involving or including the larceny of an automobile. PROCEDURE When assigned to investigate a complaint of any crime which involves or includes the forcible theft of an automobile: UNIFORMED MEMBER OF THE SERVICE 1. Interview complainant and witnesses, obtain facts, and safeguard evidence. 2. Conduct field investigation. a. Transmit alarm b. Detain witnesses, where necessary. 3. Take immediate summary action, if possible. 4. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). 5. Notify the precinct detective squad/Burglary Robbery Apprehension Module (BRAM). 6. Refer complaint requiring further investigation, except cases closed by arrest, to: a. Precinct Detective Squad (PDS), OR b. Precinct Burglary Robbery Apprehension Module (BRAM) OR c. Special Victims Squad (SVS). 7. Notify desk officer upon completion of investigation and deliver COMPLAINT REPORT WORKSHEET as soon as possible. DESK OFFICER 8. Direct stationhouse clerk to enter complaint into the On Line Complaint System (OLCS). 9. Verify that alarm has been transmitted and that required notifications and proper referral of complaint have been made. 10. Review the complaint in OLCS and compare to WORKSHEET. 11. Ensure that a copy of the OLCS Complaint Report is forwarded to the Precinct Detective Squad, Precinct Burglary Robbery Apprehension Module or Special Victims Squad, as appropriate. ASSIGNED RAM/PDS/SVS INVESTIGATOR 12. Conduct initial interview of complainant and witnesses. a. Canvass vicinity of crime scene, if necessary, to locate witnesses b. Evaluate available evidence c. Prepare COMPLAINT FOLLOW-UP INFORMATIONAL(s) (PD313-081A), recording results of interview(s) and other investigative steps taken. 13. Identify and arrest perpetrator(s). 14. Analyze complaint information and compare to other available complaint and recovery data from Computer Assisted Robbery System (CARS) Unit and Alarm Board. a. Determine if case is part of a pattern of organized robberies b. Determine if autos are being exported, tagged or resold for parts, if part of a pattern. ASSIGNED RAM/PDS/SVS SUPERVISOR/BOROUGH ROBBERY SQUAD INVESTIGATOR 15. Refer case, if determined to be part of a pattern, to appropriate borough robbery squad for further investigation and notify patrol and detective borough command of pattern information. 16. Investigate assigned case and pattern and: a. Identify and arrest perpetrator(s) b. Conduct lineups NOTE: If a minor (under eighteen years of age) is to be used as a non-suspect participant in a lineup, ensure that CONSENT FORM - NON-SUSPECT MINOR (PD377-030) is/has been prepared and signed by the parent/legal guardian of the minor prior to lineup. c. Execute search warrant(s) d. Examine and identify recovered vehicle(s). ADDITIONAL DATA Whenever the offense of robbery of an automobile occurs in connection with another more serious offense (e.g., homicide, sex offenses, kidnapping) the complaint will be referred to the investigatory unit normally responsible for conducting the investigation of that more serious offense (e.g., borough Special Victims Squad, Major Case Squad). FORMS AND REPORTS COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-018A) COMPLAINT REPORT WORKSHEET (PD313-152A)) CONSENT FORM - NON-SUSPECT MINOR (PD377-030) P.G. 207-33 Recording Enforcement Incidents Date Effective: 09-06-13 PURPOSE To clarify the boundaries within which police service area/transit district/precinct commands will record enforcement incidents as being "ON-DEVELOPMENT" or within the jurisdiction of the New York City Housing Authority. DEFINITIONS ENFORCEMENT INITIATIVE - For the purpose of this procedure, is considered to be: a. A complaint as defined in P.G. 207-01, "Complaint Reporting System," OR b. An arrest as defined in P.G. 208-03, "Arrests General Processing," OR c. A summons as defined in P.G. 209-01, "Summons Condition of Service" or Environmental Control Board Notice of Violation as described in P.G. 209-12, "ECB Notice of Violation and Hearing - General Procedure," OR d. Any situation which requires the preparation of a JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) or a YOUTH REFERRAL (PD377-153). ON-DEVELOPMENT - An "enforcement incident" will be classified "ON-DEVELOPMENT" if it occurred at any of the following locations: a. All New York City Housing Authority buildings, apartments, managers' offices, maintenance areas, storage rooms, etc. b. All walkways, grounds, parking areas and development driveways located within New York City Housing Authority developments. c. Stores, laundries, community centers, childcare centers, senior citizen centers, health stations, etc., which operate within New York City Housing Authority buildings. d. From the center line of streets which are contiguous to New York City Housing Authority grounds inward toward New York City Housing Authority buildings. e. Entire city streets where Housing Authority developments are located on both sides of the street. For those city streets where Housing Authority developments are immediately adjacent to privately owned residences, commercial establishments, etc., then only the length of the Housing Authority development, from the center line of the street to the Housing Authority development building line, will be considered an on-project enforcement incident. f. New York City Parks Department areas and playgrounds within or immediately adjacent to New York City Housing Authority grounds. g. New York City Department of Education playgrounds within or immediately adjacent to New York City Housing Authority grounds. h. Piers or bulkheads immediately adjacent to New York City Housing Authority grounds. OFF-DEVELOPMENT - For the purpose of this procedure, is an "enforcement incident" which occurs at a location not listed above. NOTE: When an "enforcement incident" begins "off-development" but ends "on-development," or vice versa, the jurisdictional determinant will be the location where the incident originally started. PROCEDURE When an "enforcement incident" is determined to be "on-development" or having occurred within the jurisdiction of the New York City Housing Authority: MEMBER OF THE SERVICE 1. Ensure that the Housing Authority jurisdiction code "02" is entered, in the appropriate captions on COMPLAINT REPORTS (PD313-152), ON LINE BOOKING SYSTEM ARREST WORKSHEETS (PD244-159), and other appropriate reports prepared, for enforcement incidents occurring on Housing Authority locations. a. Data entries into the On Line Complaint and On Line Booking Systems of such enforcement incidents will include the Housing Authority jurisdiction code "02," if applicable. PRECINCT/ DISTRICT COMMANDERS 2. Ensure that respective police service area commanders are informed of all complaints and enforcement activity occurring on Housing Authority locations which were recorded by other than Housing Bureau personnel. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Summons - Condition of Service (P.G. 209-01) Environmental Control Board (ECB) Notice of Violation and Hearing - General Procedure (P.G. 209-12) Arrests - General Processing (P.G. 208-02) On-Line Juvenile Report System (P.G. 215-08) FORMS AND REPORTS COMPLAINT REPORTS (PD313-152) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) YOUTH REFERRAL (PD377-153) P.G. 207-34 Complaints Involving Identity Theft Date Effective: 02-18-14 PURPOSE To outline the duties and responsibilities of a member of the service when made aware of a complaint involving Identity Theft. DEFINITION A person is guilty of Identity Theft when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person and thereby: obtains goods, money, property or services or uses credit in the name of such other person or causes financial loss to such person or to another person (NYS Penal Law 190.77-190.80). SCOPE Complaints involving Identity Theft can be complex in nature stemming from a myriad of variables and permutations. The member of the service encountering such a complaint must realize the possibility that such a complaint can potentially encompass numerous crimes. As a result, the Crime Complaint Reporting System Reference Guide (Rev. 6/11) will be used to classify Identity Theft related crimes. Significant clarifications and changes have been made to the Crime Complaint Reporting System Reference Guide to instruct the member of the service in the proper classification of Identity Theft related crimes. It must be noted that the "Seven Major Felony Rule" P.G. 207-01, "Complaint Reporting System" will still be applicable. PROCEDURE When a member of the service is made aware of a complaint involving Identity Theft: MEMBER OF THE SERVICE ASSIGNED 1. Determine whether the complainant is a victim of Identity Theft. 2. Ascertain where the complainant/victim resides (i.e. inside or outside NYC). 3. Instruct and assist the complainant/victim in preparing pages 1 and 2 of the COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516) if the complaint meets the criteria outlined in the Crime Complaint Reporting System Reference Guide. a. Ensure complainant signs BOTH waivers on pages 1 and 2. b. If necessary, assist complainant in contacting credit card issuer for required information (e.g. address where card was sent etc.). NOTE: A refusal by the complainant/victim to prepare or sign the COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT form does not preclude the requirement to prepare a COMPLAINT REPORT. Any refusal by the complainant to prepare or sign a COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT form will be noted in the details section of the COMPLAINT REPORT. 4. Prepare COMPLAINT REPORT (PD313-152). a. Utilize the Crime Complaint Reporting System Reference Guide as well as the charts on the cover sheet of the COMPLAINTAN'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT to classify COMPLAINT REPORT. 5. Forward completed COMPLAINT REPORT and COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT to Desk Officer for review. DESK OFFICER 6. Review COMPLAINT REPORT and COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT for accuracy and completeness. 7. Ensure COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT is attached to precinct file copy of COMPLAINT REPORT. a. Ensure that copies of the COMPLAINT REPORT and COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT are forwarded to the precinct detective squad. 8. Refer complainant/victim to the precinct detective squad for further investigation and preparation of IDENTITY THEFT PRELIMINARY INVESTIGATION REPORT (PD313-0847), if detective squad member is available. 9. Ensure notification is made to the Financial Crimes Task Force for complaints involving Identity Theft related larcenies and loss is valued at $5,000 or more. a. Ensure time, date, and name of member notified are included in the "Details" section of the COMPLAINT REPORT. DETECTIVE SQUAD MEMBER 10. Interview complainant and prepare IDENTITY THEFT PRELIMINARY INVESTIGATION REPORT. 11. Review COMPLAINT REPORTS daily for Identity Theft cases and conduct follow-up investigations on all cases not previously referred for investigation. ADDITIONAL DATA If a COMPLAINT REPORT was initially taken for lost/stolen property or related offenses (Robbery, Burglary, etc.) and the complainant/victim subsequently becomes a victim of Identity Theft resulting from the initial complaint, the member of the service will prepare a COMPLAINT FOLLOW-UP (PD313-081) or COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A), as appropriate, and instruct and assist the complainant/victim in preparing pages 1 and 2 of COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT. The above will be adhered to only after a thorough investigation reveals a nexus between the initial COMPLAINT REPORT and the complainant consequently becoming a victim of Identity Theft. If this criteria is not met, then a new COMPLAINT REPORT will be generated for the appropriate crime. If the reporting command is not the command of incident, the Desk Officer will ensure the COMPLAINT FOLLOW-UP or COMPLAINT FOLLOW-UP INFORMATIONAL, and COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT are forwarded to the originating command of incident. Financial Crimes Task Force will be responsible for the investigation of all cases involving Identity Theft related larcenies where loss is valued at $5,000 or more, or there is a pattern involving more than one NYPD precinct, or for any case where the expertise, equipment and resources of the Financial Crimes Task Force are most appropriate to the investigation. Any questions not specifically answered in the Crime Complaint Reporting System Reference Guide may be directed to the Data Integrity Unit, Deputy Commissioner, Strategic PLanning. RELATED PROCEDURES Lost or Stolen Property/Identity Theft (P.G. 207-12) FORMS AND REPORTS COMPLAINANT'S REPORT OF LOST OR STOLEN PROPERTY/IDENTITY THEFT (PD313-1516) IDENTITY THEFT PRELIMINARY INVESTIGATION REPORT (PD313-084) COMPLAINT REPORT (PD313-152) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) P.G. 207-35 Silver Alert System Date Effective: 08-01-13 PURPOSE To provide information to the public in the event a person who is: a. Sixty-five years of age or older, and b. Meets the additional qualifying criteria of a "vulnerable senior," (i.e. a person sixty-five years of age or older with dementia, as a result of Alzheimer's disease or a similar condition) and, c. Is reported missing under circumstances indicating he/she is in imminent danger of serious bodily harm or death. DEFINITIONS SILVER ALERT - A communication to the public if identifying information concerning a "vulnerable senior" who is reported missing to the Department or other law enforcement agency under circumstances indicating that the person is in imminent danger of serious bodily harm or death. The determination to activate a Silver Alert shall be made by a captain or above assigned to the Detective Bureau. VULNERABLE SENIOR - A person sixty-five years or older with dementia, as a result of Alzheimer's disease or a similar condition. PROCEDURE When responding to a report of a missing person and information received indicates that the case may qualify for a Silver Alert: UNIFORMED MEMBER OF THE SERVICE 1. Comply with P.G. 207-23, "Missing Persons" and request the response of the patrol supervisor. 2. Notify desk officer of details. NOTE: The patrol supervisor will implement missing person/special category procedure as necessary, consistent with all available information. DESK OFFICER 3. Comply with the duties described in P.G. 207-23, "Missing Persons" and ascertain if incident may fit criteria for activation of a Silver Alert. 4. Request Precinct Detective Squad supervisor and commanding officer/duty captain to respond to the scene. PRECINCT DETECTIVE SQUAD INVESTIGATOR/SUPERVISOR 5. Conduct a preliminary investigation and ascertain if missing person fits the definition of a "vulnerable senior" and is missing under circumstances indicating that he/she is in imminent danger of serious bodily harm or death. a. Notify Detective Zone Commanding Officer/Detective Bureau Duty Captain, if missing person meets the criteria for the activation of a Silver Alert. b. Request Detective Zone Commanding Officer/Detective Bureau Duty Captain respond to the scene. NOTE: Only a captain or above from the Detective Bureau may activate a Silver Alert. A Silver Alert will NOT be activated unless the "vulnerable senior" is missing under circumstances indicating that the person is in imminent danger of serious bodily harm or death. A person's status as a vulnerable senior alone is normally insufficient to justify a Silver Alert without additional factors that constitute imminent danger (e.g. severe weather, need for immediate medical attention, history of violent or reckless behavior, etc.). The Detective Zone Commanding Officer/Detective Bureau Duty Captain may activate a Silver Alert for a person under the age of sixty-five who is reported missing under circumstances indicating that the person is in imminent danger of serious bodily harm or death and where such missing person has dementia as a result of Alzheimer's disease, or similar condition, if he/she reasonably believes a Silver Alert will be beneficial in locating the missing person. DETECTIVE ZONE COMMANDING OFFICER/DETECTIVE BUREAU DUTY CAPTAIN 6. Confer with Precinct Detective Squad investigator/supervisor, patrol supervisor, commanding officer/duty captain, and other personnel on scene regarding the circumstances of the incident and determine if missing person is a "vulnerable senior" and missing under circumstances indicating the person is in imminent danger of serious bodily harm or death. 7. Notify Operations Unit and request the activation of a Silver Alert, if appropriate and provide the following information: a. Name, age, and detailed physical description (including clothing worn) of the missing person b. Location and time last scene c. Description of motor vehicle, if applicable d. Any type of prescribed medication e. Probable destination of the missing, if known f. Probable method of transportation and routes used, if known g. The action the public should take if they have information regarding the missing person (e.g., call 911, etc.). 8. Direct Precinct Detective Squad member to: a. Notify Missing Persons Squad b. Prepare and submit a "Request for Media Attention" form to the Deputy Commissioner, Public Information along with a recent photograph, if available. NOTE: There are no minimum time limits that must be observed before requesting the activation of a Silver Alert; however, local law requires a Silver Alert be issued within twenty-four hours of the determination that a "vulnerable senior" has been reported missing under circumstances indicating the he/she is in imminent danger of serious bodily harm or death. In most cases, barring exceptional circumstances, the most prudent approach would be to activate a Silver Alert AFTER patrol/field resources have been exhausted and the preliminary search and investigation have yielded negative results. The decision to activate a Silver Alert rests solely with the Detective Zone Commanding Officer/Detective Bureau Duty Captain. OPERATIONS UNIT 9. Notify Communications Section and have description of missing person disseminated over each Department radio division. 10. Notify Transit Bureau Wheel (subways) and/or Traffic Operations District (buses), as appropriate, if missing may be traveling via public transportation. 11. Notify Deputy Commissioner, Public Information that a Silver Alert has been activated. 12. Notify Traffic Management Center and request a message regarding the Silver Alert be transmitted via Variable Message Signs if a vehicle description and plate number are available regarding the Silver Alert. 13. Prepare and forward Alert Data based on information received from Detective Zone Commanding Officer/Detective Bureau Duty Captain to Office of Emergency Management (OEM) Watch Command. a. OEM Watch Command will draft a Public Alert and transmit the draft Public Alert to the Operations Unit for approval. 14. Review and approve Public Alert prepared by OEM Watch Command. a. If a Public Alert is not approved, notify OEM Watch Command to modify alert and provide correct Alert Data. 15. Notify and forward appropriate Public Alert information to Deputy Commissioner, Public Information, as appropriate. NOTE: Once the Operations Unit approves the Public Alert, it is the responsibility of the OEM Watch Command to transmit the Public Alert to the responding Department Operations Centers, 311, and NYC.gov for informational purposes. The Watch Command will then transmit the Public Alert to the public via Short Messaging System (SMS), email and recorded phone message. WHEN A MISSING PERSON WHO IS THE SUBJECT OF A SILVER ALERT IS LOCATED: UNIFORMED MEMBER OF THE SERVICE 16. Verify that person is the subject of a Silver Alert. 17. Render reasonable aid to missing person and request ambulance or doctor, if necessary, as per P.G. 216-01, "Aided Cases - General Procedure." 18. Request supervisor to respond. PATROL SUPERVISOR 19. Respond to location and verify individual is in fact the subject of a Silver Alert. 20. Notify desk officer and request appropriate Precinct Detective Squad and Missing Persons Squad be notified. 21. Notify Operations Unit and request the cancellation of the Silver Alert. OPERATIONS UNIT 22. Notify the following that the subject of the Silver Alert has been located: a. OEM Watch Command b. Notify Deputy Commissioner, Public Information c. Traffic Management Center, if appropriate. ADDITIONAL DATA The Office of the Deputy Commissioner, Public Information is available twenty-four hours a day, seven days a week concerning cases NOT ELIGIBLE for Silver Alert or as needed by members of the service. The Office of the Deputy Commissioner, Public Information has the ability to simultaneously notify a variety of local and national media outlets in cases where the immediate assistance of or notification to the public is deemed necessary. Nothing in this procedure is meant to limit the use of the news media to broadcast information pertaining to appropriate missing persons cases that do not qualify for Silver Alert. RELATED PROCEDURES Missing Persons (P.G. 207-23) Aided Cases - General Procedure (P.G. 216-01) P.G. 207-36 Complaints Involving Cellular Telephones Date Effective: 08-01-13 PURPOSE To ensure a proper investigation is conducted when a cellular telephone is reported stolen. DEFINITION IMEI NUMBER - International Mobile Equipment Identity Number. Each cellular telephone handset that utilizes GSM technology is assigned a unique serial number called the IMEI number. The IMEI number consists of either fifteen or sixteen digits. In the New York metropolitan area, T-Mobile, AT&T and Nextel/Boost Mobile use GSM technology. PROCEDURE When a person reports the theft of a cellular telephone, in addition to Department complaint reporting procedures, members of the service will: MEMBER OF THE SERVICE 1. Interview complainant and obtain facts regarding the theft of the cellular telephone. 2. Request response of patrol supervisor. PATROL SUPERVISOR 3. Notify Detective Squad to respond to the scene. 4. When the investigation by the Detective Squad at the scene has concluded, ensure complainant is brought to the Detective Squad, precinct of occurrence, to be interviewed by an investigator. INVESTIGATOR, DETECTIVE SQUAD, PRECINCT OF OCCURANCE 5. Interview complainant in Detective Squad. a. Obtain facts regarding the cellular telephone theft b. Obtain stolen cellular telephone phone number, make , model and network company (e.g., T-Mobile, AT&T, Nextel/Boost Mobile, Verizon, Sprint) c. Determine if complainant is subscriber of the service for the stolen cellular telephone. If complainant is not the subscriber: (1) Obtain identity of the subscriber (2) Immediately contact the subscriber (3) Expeditiously conduct an in-person interview of the subscriber. 6. If Network Company is T-Mobile, AT&T or Nextel/Boost, obtain International Mobile Equipment Identity (IMEI) number of the stolen cellular by requesting the subscriber to IMMEDIATELY call in your presence T-Mobile Customer Service, AT&T Customer Service, or Nextel/Boost Mobile Customer Service. Request the subscriber to: a. Obtain the IMEI number from the customer service representative b. Report the cellular telephone stolen c. Request the customer service representative to determine if any phone calls were made after the theft occurred (1) If phone calls were made after the theft occurred, obtain any available information about the phone calls. 7. If Network Company is Verizon or Sprint, request the subscriber to IMMEDIATELY call in your presence Verizon Customer Service or Sprint Customer Service. Request the subscriber to: a. Report the cellular Telephone stolen b. Request the customer service representative to determine if any phone calls were made after theft occurred (1) If phone calls were made after the theft occurred, obtain any available information regarding the phone calls c. Request the Network Company to continue service to the stolen cellular phone for a reasonable time period (e.g., 72 hours) AT NO COST TO THE SUBSCRIBER in order to identify and apprehend the perpetrator(s) of the crime. 8. Prepare OMNIFORM System COMPLAINT REPORT if cellular telephone was stolen during a robbery. a. If Network Company is T-Mobile, AT&T or Nextel/Boost Mobile, enter IMEI number in the "IMEI" section b. Enter telephone number, Network Company, make and model of the stolen cellular telephone in the "IMEI" section. 9. Prepare an Enterprise Case Management System (ECMS) "Electronic Identification Program" DD-5. a. If Network Company is T-Mobile, AT&T or Nextel/Boost Mobile, enter IMEI number in the "Device Info" section b. Enter telephone number, Network Company, make and model of the stolen cellular telephone in the "Device Info" section. 10. Obtain intelligence information regarding the stolen cellular telephone. a. If Network Company is T-Mobile, AT&T or Nextel/Boost Mobile, search IMEI number of the stolen cellular telephone in ECMS/OMNIFORM System using the "IMEI Search" function b. Search telephone number of the stolen cellular telephone in ECMS/OMNIFORM System using "Full Text DD-5 Search" function c. Request Real Time Crime Center (RTCC) to perform a "Phone Finder" search, for telephone number of the stolen cellular telephone. 11. Prepare ECMS "Phone Subpoenas" DD-5 to request required telephone records. NOTE: If the Detective Squad is not available to interview the complainant, the desk officer may designate an appropriate member of the service (e.g., field intelligence officer) to perform steps 5, 6, 7 and 10. MEMBER OF THE SERVICE ASSIGNED 12. Prepare COMPLAINT REPORT WORKSHEET (PD313-154A) if cellular telephone was not stolen during a robbery, or if cellular telephone was stolen during a robbery but there is no investigator available in the Detective Squad, precinct of occurrence, to prepare the OMNIFORM System COMPLAINT REPORT. a. Enter IMEI number in appropriate caption in the "Property" section if the Network Company is T-Mobile, AT&T or Nextel/Boost Mobile b. Enter telephone number, Network Company, make and model of the stolen cellular telephone in the "Details" section c. Refer all COMPLAINT REPORTS involving stolen cellular telephones to the Detective Squad, precinct of occurrence. NOTE: If the cellular telephone was stolen during a robbery and there is no investigator available in the Detective Squad, precinct of occurrence, to prepare the OMNIFORM System COMPLAINT REPORT, the member of the service assigned will prepare the COMPLAINT REPORT under the supervision of the command desk officer. DESK OFFICER 13. Direct command clerk to prepare the OMNIFORM System COMPLAINT REPORT if COMPLAINT REPORT WORKSHEET was prepared by the member of the service assigned. a. If Network Company is T-Mobile, AT&T or Nextel/Boost Mobile, ensure IMEI number is entered in the "IMEI" section b. Ensure telephone number, Network Company, make and model of the stolen cellular telephone is entered in the "IMEI" section. 14. Ensure the correct International Mobile Equipment Identity (IMEI) number is properly entered in the "IMEI" section of the OMNIFORM System NOTE: It is imperative that the correct IMEI number is properly entered in the "IMEI" section of the OMNIFORM System. 15. Ensure all COMPLAINT REPORT involving stolen cellular telephones are referred to the Detective Squad, precinct of occurrence. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Preliminary Investigations of Complaints (Other than Vice Related or Narcotic Complaints) (P.G. 207-07) Lost or Stolen Property or Identity Theft (P.G. 207-12) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 207-37 Operational Guidelines For Processing Complaints/Arrests For Graffiti Date Effective: 08-01-13 PURPOSE To establish procedural guidelines to be followed when processing complaints/ arrests for graffiti. DEFINITION GRAFFITI OR TAGGING- the etching, painting, covering, or otherwise placing a mark upon public or private property, with the intent to damage such property. SCOPE In order to maximize the Department's enforcement efforts in combating graffiti crimes, it is essential that all graffiti related information is properly recorded and documented by uniformed members of the service. Whenever a complaint or arrest report is prepared for a graffiti related incident, it is imperative that the graffiti "TAG" information is entered in the details section of the COMPLAINT REPORT WORKSHEET (PD313-152A) and/or the narrative section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). This information is crucial for monitoring and tracking graffiti recidivists. It is equally important to notify the Citywide Vandals Task Force whenever an arrest is effected for shoplifting that involves the theft of spray paint or paint markers. This information will allow the Citywide Vandals Task Force to monitor graffiti more effectively. PROCEDURE Whenever processing complaints/arrest of graffiti: UNIFORMED MEMBER OF THE SERVICE 1. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). a. When the "TAG" is discernible, list all details and include size, color descriptions, etc. (e.g. At time and place of occurrence, complainant observed the graffiti tag "ABC" written in blue and yellow spray paint on a space approximately 3' X 5' on a roll-down gate at location). b. Enter "TAG" into Nickname/Alias/Maiden Name box of COMPLAINT REPORT WORKSHEET and ON LINE BOOKING SYSTEM ARREST WORKSHEET. 2. Notify the Citywide Vandals Task Force and provide "TAG" information in all graffiti complaint/arrest cases. a. Obtain e-mail address for forwarding of digital photographs, if applicable. NOTE: In instances when the Citywide Vandals Task Force is closed, member concerned or designee will leave a voice mail message and notify the Citywide Vandals Task Force during their next business hours. When a "TAG" is illegible or cannot be deciphered, do not interpret as to what it may be. Misinformation will only serve to corrupt the citywide vandals database. An unreadable graffiti "TAG" must be recorded as such in the details of the report. This "negative" information can sometimes be beneficial to graffiti investigations. Members of the service are encouraged to contact the Citywide Vandals Task Force regarding any questions relating to graffiti, e.g., identifying a TAG or interpreting a TAG's meaning, etc. 3. Photograph graffiti damage, if possible. (Use digital camera. See steps 8 through 11) a. If photograph is taken, document on rear of photograph: (1) Date and time of incident (2) Complaint Report number (3) Arresting Officer name, shield, command and arrest number, if an arrest is made. (4) NYSID #, if available. 4. Forward copy of complaint/arrest report to Citywide Vandals Task Force in next outgoing Department mail. a. Attach copies of photos taken, if applicable. 5. Query Citywide Vandals Task Force database in all arrest cases to ascertain if subject has prior arrests/convictions for any graffiti related offenses. NOTE: Conducting routine warrant checks of subjects in the database at the command level is encouraged as a means of discovering and apprehending graffiti offenders with active warrants who resides within the precinct of record. When an investigation during arrest processing reveals that a graffiti offender has prior arrests/convictions, or is a recidivist for any graffiti-related offense, ensure the prosecuting district attorney is apprised of the subject's prior record. IF DIGITAL CAMERA IS AVAILABLE COMMANDING OFFICER 6. Ensure digital camera assigned to command is documented as per A.G. 325-02, "Accounting for Department Property." SPECIAL OPERATIONS LIEUTENANT 7. Ensure that: a. Uniformed member of the service has access to the Domestic Violence Office computer terminal to transfer digital graffiti photograph(s). b. Applicable Kodak software program is pre-loaded into the computer and, c. All graffiti photographs taken in conjunction with a complaint or arrest ONLY are promptly forwarded to the Citywide Vandals Task Force via e-mail. d. UMOS documents each e-mail of photographs in Telephone Message Log. NOTE: It has been determined through the Management Information Systems Division (MISD) that currently only the domestic violence computer terminal in each command has the capability of e-mailing digital photographs through the Group Wise Network. UNIFORMED MEMBER OF THE SERVICE 8. Connect Universal Serial Bus cable to both the digital camera's and the computer's Universal Port. 9. Follow the instructions depicted on the computer screen which will appear after opening the Kodak software program. 10. Forward digital photos (in conjunction with complaints or arrests only) to the Citywide Vandals Task Force. 11. Provide the following information via e-mail, as applicable, with each photo, or photo series when forwarding to the Citywide Vandals Task Force: a. Date and time of incident b. Precinct of occurrence/arrest c. Exact building address where graffiti is located d. Exact location on or within building where graffiti is located e. Rank, name, tax number of Arresting Officer or UMOS documenting photographs f. Any associated ON LINE BOOKING SYSTEM ARREST and/or COMPLAINT REPORT numbers g. Pedigree information of defendants(s) NOTE: Each digital photo "TAG" forwarded must contain the information as outlined above. In instances where multiple perpetrators are involved, it is imperative to indicated which perpetrator is responsible for creating the "TAG" depicted in the photograph. MEMBER ASSIGNED, CITYWIDE VANDALS TASK FORCE 12. Query the "On Line Booking and Complaint System" on a weekly basis to ensure graffiti related data is being properly disseminated to the Citywide Vandals Task Force in a timely fashion. ADDITIONAL DATA Uniformed members of the service are reminded to use the appropriate subdivisions of the New York City Administrative Code 10-117 or the New York State Penal Law in Article 145 "Criminal Mischief and Related Offenses" in graffiti-related arrests. In circumstances where a Penal Law charge or NYC Administrative Code charge are both applicable, the UMOS will charge the appropriate Penal Law offense. Digital camera photographs may be utilized by commands to demonstrate progress in correcting graffiti conditions at Community Board Meetings, etc. (i.e. before and after pictures). RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Accounting for Department Property (A.G. 325-02) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT WORKSHEET (PD313-152A) Arrests P.G. 208-01 Law Of Arrest Date Effective: 08/01/13 PURPOSE To specify the conditions under which a uniformed member of the service may make an arrest. PROCEDURE Arrest with warrant: 1. When the warrant is addressed to a uniformed member of the service or to the Department of which he is a member, and, a. Warrant issued by: (1) New York City Criminal Court, or (2) District court, or (3) Superior court judge sitting on lower criminal court. Arrest at anytime, and anywhere within the State, or b. Warrant issued by: (1) City court, or (2) Town court, or (3) Village court. Arrest at anytime within the county of court of issuance, or within adjoining county. 2. When delegated by a police officer to whom warrant is addressed and: a. Warrant may be legally executed as indicated above, and within arresting officer's territorial jurisdiction, or b. The defendant is in a county other than one in which warrant is returnable. 3. Arrest without a warrant: a. For an offense when reasonable cause to believe offense committed in his presence, or b. For a crime (within presence or not) and reasonable cause exists that arrested person committed the crime. c. For a petty offense in his presence (violations and traffic infractions) and: (1) It is believed to have been committed within arresting officer's geographical area of employment, and (2) The arrest is made in the county of occurrence or an adjoining county. ADDITIONAL DATA In close pursuit cases relating to petty offenses or traffic infractions, a police officer may pursue to any part of the State and make an arrest or issue a summons, if authorized by law to do so in his own geographical area of employment. In close pursuit cases relating to crimes, police officer may pursue outside State to effect the arrest. RELATED PROCEDURE Arrest On A Warrant (P.G. 208-42) P.G. 208-02 Arrests - Removal To Department Facility For Processing Date Effective: 08/01/13 PURPOSE To process arrests. SCOPE Uniformed members of the service who have effected an arrest will have the arrest verified by their supervisor, if available, prior to removing the prisoner to the appropriate authorized command/designated arrest facility which has jurisdiction over the arrest. The desk officer will be requested to verify any arrests which were not verified at the scene of arrest. DEFINITIONS ARREST- Taking a person into custody to answer for an offense. PICK-UP ARREST - An arrest for an offense or juvenile delinquency not previously reported. PREFERRED NAME - The name an arrestee prefers to be called based on their gender identity. This name may be different from the name on identification documents in the arrestee's possession. PROCEDURE When a uniformed member of the service effects an arrest: ARRESTING OFFICER 1. Inform prisoner of authority and cause, unless physical resistance, flight, or other factors render such procedure impractical. 2. Handcuff prisoner with hands behind back. 3. Remove prisoner to precinct of arrest/designated arrest facility and inform desk officer of charge(s). a. Juvenile delinquents/juvenile offenders will be taken to the location in the stationhouse SPECIFICALLY DESIGNATED as suitable for the interrogation of juveniles. b. Refer to Command Reference Library for a list of locations approved for the interrogation of juveniles. 4. Notify desk officer if force was used to effect the arrest. 5. Immediately complete all captions on PRISONER PEDIGREE CARD (PD244-092) upon arrival at command and present to desk officer. a. Consistent with P.G. 203-10, "Public Contact - Prohibited Conduct," subdivision "a" following step "1", indicate Preferred Name, if any, on the PRISONER PEDIGREE CARD. 6. Remain with prisoner at all times unless relieved by arrest processing officer. DESK OFFICER 7. Have arresting officer complete all captions on PRISONER PEDIGREE CARD and immediately transpose the information from the CARD into the Command Log to initiate arrest process. a. File each CARD for EVERY prisoner by date and time of arrival at command. 8. Enter in Command Log, Interrupted Patrol Log and on ROLL CALL (PD406- 144), if appropriate, the rank, name, shield number and command of the arresting officer, assisting officer, if any, and the time of arrival at the stationhouse. 9. Determine validity of the arrest. a. Comply with the provisions of P.G. 210-13, "Release of Prisoners" if arrest is NOT valid. 10. Direct arresting officer to make a thorough search of the prisoner in your presence. 11. Verify prisoner's identity by satisfactory documentary proof, preferably government issued identification. 12. Count prisoner's funds, record the amount in the Command Log, and return funds to prisoner. a. Direct arresting officer to voucher currency in excess of $100 for safekeeping if prisoner is not eligible for a DESK APPEARANCE TICKET. b. Enter amount retained by prisoner and the PROPERTY CLERK INVOICE (PD521-141) number in Command Log. 13. Direct arresting officer to remove prisoner to arrest processing area, or location in the stationhouse SPECIFICALLY DESIGNATED as suitable for the interrogation of juveniles. 14. Direct arrest processing officer to assist arresting officer. ARRESTING OFFICER 15. Comply with the provisions of P.G. 208-15, "Arrest Report Preparation at Stationhouse." DESK OFFICER 16. Direct arresting officer to remain with prisoner at all times unless relieved by arrest processing officer. 17. Ensure that arresting officer signs affidavit/supporting deposition, as appropriate, before resuming assignment or completing tour. ADDITIONAL DATA PRISONER SUPERVISION Desk officers will be held STRICTLY ACCOUNTABLE for prisoners while in the command and will ensure that the prisoner is guarded AT ALL TIMES by a uniformed member of the service. If a prisoner is placed in a cell alone because he/she threatens or fights with another prisoner(s), is causing disruption, or for any other reason, ensure that a member of the service will continue to monitor that prisoner closely. IRRATIONAL/VIOLENT ARRESTEE Whenever a person who is about to be arrested is acting irrationally or violently resists arrest, AND poses no immediate physical threat to himself or others, AND is in a confined area (e.g., detention cell, automobile, etc.), the uniformed member of the service on the scene will immediately request the response of the patrol supervisor and the Emergency Service Unit. The member will attempt to isolate and contain the suspect and will institute emotionally disturbed person procedures contained in P.G. 216-05, "Mentally Ill Or Emotionally Disturbed Persons." If the confined area is an automobile, it will be rendered immobile by blocking it in with one or more RMPs. Once in police custody, the subject will be removed to a hospital for examination. This procedure will not apply in situations where the uniformed members of the service on the scene believe the subject to be armed. PRISONER SUSPECTED OF INGESTING A NARCOTIC OR OTHER DANGEROUS SUBSTANCE When a uniformed member of the service observes or suspects that a prisoner has ingested a narcotic or other dangerous substance, the prisoner will be transported from the place of arrest DIRECTLY to the nearest hospital facility. The uniformed member of the service WILL PROMPTLY notify the communications section dispatcher and the patrol supervisor upon determination of possible ingestion, when transport to hospital is initiated, and upon arrival at the hospital. Emergency Medical Service (EMS) and hospital personnel will be informed of the quantity and type of substance ingested, if known. UNDER NO CIRCUMSTANCES will a prisoner who has ingested a narcotic or other dangerous substance be transported to the command for arrest processing prior to receiving medical treatment. FALSE PERSONATION When attempting to ascertain a prisoner's identity, the uniformed member of the service concerned should inform the prisoner that knowingly misrepresenting his or her actual name, date of birth, or address to a police officer, with intent to prevent a police officer from ascertaining such information, is punishable as a crime. Prisoners who knowingly misrepresent their pedigree information should be charged under Penal Law section 190.23 (False Personation, B Misdemeanor). ARREST REPORT PEDIGREE For booking purposes, a member of the service shall write an arrestee's name and gender at it appears on a driver's license, permit, or non-driver photo identification. If the arrestee uses a Preferred Name, that name shall be listed in the: a. "Preferred name" section of the PRISONER PEDIGREE CARD b. Defendant's name section of the Prisoner Movement Slip, prefaced by "Preferred Name:" c. "Nickname/Alias/Maiden Name" section of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), prefaced by "P-". Consistent with P.G. 203-10, "Public Contact - Prohibited Conduct," subdivision "a" following step "1", regardless of whether the name on the arrestee's identification coincides with the arrestee's gender identity, the member of the service shall refer to the arrestee by the preferred name, if any, as requested. The member shall use the pronouns consistent with that name in addressing or referring to the arrestee. RELATED PROCEDURES Public Contact - Prohibited Conduct (P.G. 203-10) Arrest - General Processing (P.G. 208-03) Arrest Report Preparation at Stationhouse (P.G. 208-15) Hospitalized Prisoners- Arrests by Members of Other Police Agencies (P.G. 210-03) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Release of Prisoners (P.G. 210-13) FORMS AND REPORTS DESK APPEARANCE TICKET ON-LINE BOOKING SYSTEM PROPERTY CLERK INVOICE PRISONER PEDIGREE CARD ROLL CALL (PD406-144) (COMPUTER FORM) ARREST WORKSHEET (PD244-159) (PD521-141) (PD244-092) P.G. 208-03 Arrests - General Processing Date Effective: 10-24-13 DEFINITION PREFERRED NAME - The name an arrestee prefers to be called based on their gender identity. This name may be different from the name on identification documents in the arrestee's possession. PROCEDURE After arrest has been effected and prisoner has been handcuffed: ARRESTING OFFICER 1. Immediately field search/frisk prisoner and search adjacent vicinity for weapons, evidence, and/or contraband. 2. Advise prisoners of rights before questioning in accordance with P.G. 208-09, "Rights of Persons Taken into Custody." a. If a juvenile is taken into custody, notify the Real Time Crime Center Juvenile Desk (twenty-four hours a day/seven days a week), and parent/guardian immediately. b. Before questioning juvenile, Miranda warnings will be read to the juvenile utilizing MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS (PD244-1413). MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS should be read while the parent/ guardian is present. The juvenile may be questioned if he/she waives the Miranda rights in the presence of the parent/guardian. The parent/guardian does not have to separately waive the Miranda rights; they only need to be advised of such rights. However, if the parent/guardian objects to the questioning or requests an attorney for the juvenile, no questioning should occur, even if the juvenile is willing to answer questions. c. Juveniles will not normally be arrested for truancy. If arrested on another charge, truancy (Educational Law Section 3233) may be added as a second charge, if appropriate. In all cases, truants may be frisked or scanned with a metal detector. If safety dictates, truants may be handcuffed. DESK OFFICER 3. Immediately determine if the prisoner is a high escape risk. a. Make determination as to whether a particular prisoner presents a potential escape risk on a case-by-case basis. Factors that can be considered in making this determination include: (1) Seriousness of the offense charged, (2) Prisoner unwillingness to identify himself/ herself, (3) Forcible resistance to arrest, (4) Threats of violence and/or escape threats directed at uniformed members of the service, (5) Known history of violence, weapons possession, or escape/attempted escape. b. Prisoners designated "high risk" will have two uniformed members of the service assigned to escort at all times. 4. Have vehicle or other conveyance not required as evidence safeguarded, if appropriate. 5. Question the arresting officer regarding: a. Use of force, if applicable b. Circumstances surrounding arrest, if prisoner is being charged with Criminal Possession of Marihuana in the Fifth Degree, an make a Command Log entry of results (see "ADDITIONAL DATA" under heading "ARRESTS FOR PUBLIC DISPLAY OF MARIHUANA"). 6. Observe physical and mental condition of all prisoners entering command and include results in Command Log. a. Ensure that prisoners who appear to be ill, injured, or emotionally disturbed obtain appropriate medical/psychiatric attention. (See P.G. 210-04, "Prisoners Requiring Medical/Psychiatric Treatment.") b. Direct arresting officer to notify Health and Hospitals Corporation (HHC) police, or hospital security personnel if no HHC police are assigned to the hospital, whenever a prisoner is brought to their facility for medical treatment. c. Direct arresting officer to notify Health and Hospitals Corporation (HHC) police, or hospital security personnel if no HHC police are assigned to the hospital immediately, if a prisoner escapes from custody at the hospital. d. Have arresting officer request a secured location that can be used for treatment of prisoner, when available, from emergency room staff. 7. Notify commanding officer/duty captain to verify the arrest, if the arrest is effected by an off-duty uniformed member of the service. a. If arrest is effected by a member of another police agency, that agency will be notified. COMMANDING OFFICER / DUTY CAPTAIN 8. Respond to stationhouse and verify arrest made by off-duty uniformed member of the service. 9. Have UNUSUSL OCCURRENCE REPORT (PD370-152) prepared with details of arrest made by off-duty uniformed member of the service. DESK OFFICER 10. Direct arresting officer to make a thorough search of the prisoner in your presence. a. Conduct all searches in accordance with P.G. 208-05, "Arrests-General Search Guidelines." b. Once a strip search is authorized, (see P.G. 208-05, "Arrests-General Search Guidelines" step one, subdivision "C,") the desk officer, precinct of occurrence/central booking supervisor will ensure that the following entries are made in Department records: (1) Command Log entry - including the basis for the for the strip search; rank, name, and command of supervisor authorizing the search; rank, name, and command of member of the service performing the search; name of prisoner(s); and, the results of the search, including negative results. (2) The supervisor authorizing such a search will ensure the command and Command Log page number of the entry will be documented in the "Narrative" section of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-149) or the ARREST REPORT- SUPPLEMENT (PD244-157). (3) Direct the arresting officer to prepare an ACTIVITY LOG (PD112-145) entry of the above information. Also, include on the Prisoner Movement Slip if prepared, the statement, "Strip Searched," with the command and Command Log page number of the entry in the "Detention Alert" section of the form under the sub- caption, "Other." Consistent with P.G. 203-10," Public Contact Prohibited Conduct," subdivision "a" following step "1", indicate Preferred Name, if any, on Prisoner Movement Slip. 11. Direct arresting officer to inquire of prisoner whether a dependent adult/child is uncared for at prisoner's residence. a. Enter results of inquiry in Command Log. b. Comply with P.G. 215-01, "Care of Dependent Child" if it is determined that dependent adult/child is alone in prisoner's residence. 12. Have the following property removed from prisoner: a. Unlawfully carried b. Required as evidence c. Lawfully carried, but dangerous to life or would facilitate escape d. Can be used to deface or damage property e. Personal, except clothing, if prisoner is intoxicated or unconscious f. Press Card issued by this Department (1) Forward card to the Deputy Commissioner - Public Information, with report of facts. g. Auxiliary Police Shield, Civil Defense Shield/Identification Card (1) Forward to Auxiliary Police Section, with report of facts. h. Legally possessed prescription drugs (including methadone) (1) Invoice prescription drugs for safekeeping and place in Plastic Security Envelope in prisoner's presence. Issue "Prisoner/Finder /Owner" copy of PROPERTY CLERK INVOICE (PD521-141) as a receipt to prisoner. (2) Prepare MEDICAL TREATMENT OF PRISONER (PD244-150) to alert detention facility personnel that prisoner may require a prescription drug. (3) Return prescription drugs to prisoner upon release, if prisoner is to be released on stationhouse bail, Desk Appearance Ticket, voided arrest, etc. If not, deliver to borough Property Clerk in normal manner. i. Handgun License (1) Forward license to the Commanding Officer, License Division, and comply with P.G. 212-118, "Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits" in regards to reporting the arrest of a handgun licensee to the License Division and the removal of firearms listed on the handgun license. j. Rifle/Shotgun Permit (1) Forward permit to the Commanding Officer, License Division and comply with P.G. 212-118, "Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits" in regards to reporting the arrest of a rifle/shotgun permit holder to the License Division and the removal of firearms registered under the permit. k. New York City Police Department retiree identification card or identification card of retired uniformed members of the service of the former New York City Housing Police Department or the New York City Transit Police Department. (1) Forward card to Assistant Commissioner, Employee Management Division, with report of facts. 13. Give itemized receipt for property temporarily removed from the prisoner which is not to be held in police custody. 14. Ask prisoner(s) if they want any personal property they possess to be vouchered for safekeeping, other than property removed under steps "12" and "13". a. A Command Log entry must be made indicating either the prisoner refused or the PROPERTY CLERK INVOICE number for property safeguarded. ARRESTING OFFICER 15. Request the assistance of the detective squad if the prisoner is arrested for homicide, serious assault, robbery, burglary, grand larceny, or other serious or unusual crime. 16. Prepare arrest related documents as provided by the arrest processing officer. a. Comply with any applicable provisions of P.G. 208-15, "Arrest Report Preparation at Stationhouse." 17. Provide complainant with prisoner's name, charges, arresting officer's name, precinct of occurrence, PROPERTY CLERK INVOICE number, if any, and the location of the appropriate court. 18. Advise prisoner, sixteen years of age or older, of right to make three telephone calls without charge. a. One of the calls may be placed anywhere within the United States or Puerto Rico. The remaining calls may be placed anywhere within New York City. b. Phone calls will not be allowed or may be terminated at any time if the calls would compromise an ongoing investigation or prosecution, if the ends of justice may be otherwise defeated, or a dangerous condition may be created. c. Make telephone calls if the prisoner is incapacitated by alcohol and/or drugs. d. Make telephone calls, or request other appropriate auxiliary aids (including use of a qualified sign language interpreter or a Telecommunication Relay Service [TRS]) to assist the prisoner in making phone calls if the prisoner is unable to use a telephone due to speech or hearing impairment. Should the prisoner request to telephone an individual with a hearing or speech disability, dial "711" for the TRS operator and be instructed accordingly. 19. Notify relatives or friends if the prisoner is under nineteen years of age, or is admitted to a hospital, or is apparently emotionally disturbed. 20. Prepare a MISSING - UNIDENTIFIED PERSON REPORT (PD336-151) and notify the precinct detective squad and the Missing Persons Squad, if unable to make the above notification. a. If the notification is made after preparation of the MISSING UNIDENTIFIED PERSON REPORT, notify the detective squad and the Missing Person Squad. 21. Comply with P.G. 214-07, "Cases for Legal Action Program", if applicable, which ensures that all New York City Public Housing residents who are arrested pursuant to the execution of a search warrant where contraband is recovered or arrested for a designated crime committed on the grounds of any New York City Public Housing Development are targeted for possible eviction proceedings. 22. Perform license check through FINEST, using the "DALL" format, on all defendants arrested for the following: a. Driving a stolen vehicle, or, b. Driving an auto with an altered vehicle identification number (VIN), or, c. Driving an auto with stolen plates. 23. Deliver the following completed forms to the desk officer: a. ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244- 159). (1) Ensure that any graffiti tag and/or gang-related nickname is entered in the appropriate box, if applicable. (2) Indicate any preferred name used by prisoner in "Nickname/Alias/Maiden Name" section, prefaced by "P-". b. COMPLAINT REPORT WORKSHEET (PD313-152A), if appropriate. (1) If the arrest is for a crime previously reported and recorded on a COMPLAINT REPORT, use the serial number assigned to the original COMPLAINT REPORT. (2) Follow P.G. 208-11, "Arrest Processing-`Livescan' Fingerprinting and Palmprinting" immediately upon desk officer's review and approval of COMPLAINT REPORT WORKSHEET. c. PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) for evidence or other property taken into police custody. (1) A separate WORKSHEET will be prepared for firearms, narcotics, or other property requiring analysis at the Police Laboratory. d. REQUEST FOR LABORATORY EXAMINATION (PD521-168), if required. e. DESK APPEARANCE TICKET INVESTIGATION (PD360-081), if appropriate. f. JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET (PD277-151A), if appropriate. (1) One copy of typed report will be forwarded with the arrest documents and distribute the remaining copies to the precinct youth officer, Youth Services Section, and juvenile detention facility, if juvenile is detained. g. MEDICAL TREATMENT OF PRISONER, if prepared. (1) Prepare the form if the prisoner receives medical/psychiatric treatment, refuses treatment after claiming an injury or illness, already has previously treated prior injuries, is in apparent need of treatment, or may require prescribed medication. (2) If the prisoner is issued a DESK APPEARANCE TICKET, file the "Buff" copy of the MEDICAL TREATMENT OF PRISONER form in a folder maintained at the desk of the precinct of arrest/designated arrest facility and forward the remaining copies of the form to the borough court section concerned, in DAT ARREST PACKAGE (PD260-123). 24. Prepare ARREST DOCUMENTATION CHECKLIST (PD240-010). a. Check appropriate box for each document/form delineated on the checklist. b. List individually all other documents/forms prepared. 25. Deliver ARREST DOCUMENTATION CHECKLIST with the following items to the desk officer: a. Photocopies/snap-out copies of the documents and forms delineated on the CHECKLIST in every case in which they are prepared b. Photocopies of all other documents/forms prepared c. Photographs of evidence motor vehicles returned to owner (see P.G. 21818, "Photographing Stolen Evidence Vehicles When an Arrest is Made.") DESK OFFICER 26. Examine all documents/forms to ensure completeness and accuracy and sign all documents/forms as required. a. Review ARREST DOCUMENTATION CHECKLIST to ensure all documents and forms prepared in connection with the arrest are listed on the CHECKLIST and are available. b. Return CHECKLIST to arresting officer for delivery to the District Attorney or Corporation Counsel in the Complaint Room or deliver in accordance with borough guidelines. 27. Ensure the arresting officer has complied with P.G. 214-07, "Cases for Legal Action Program," if applicable. 28. Ascertain that the following entries are made: a. Statement that a prisoner, charged with criminal possession of a controlled substance with intent to sell or unlawful sale of a controlled substance, is a seller, and indicate reasons for that conclusion in the narrative block of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET. b. Names, addresses, and telephone numbers of witnesses are entered on the COMPLAINT REPORT or the COMPLAINT FOLLOW-UP (PD313-081), if prepared. c. Statement on PROPERTY CLERK INVOICE that property (other than vehicle) is valuable, contains identifying marks, and that the Stolen Property Inquiry Section (SPIS) was notified, including the name and rank/title of the person at SPIS notified. d. Information concerning alarms transmitted or cancelled, with operator's name entered on COMPLAINT REPORT and PROPERTY CLERK INVOICE, as required. State and police agency must be included if alarm is transmitted by other than a New York State agency. If no alarm transmitted, state so. e. A hard copy of the FINEST screen containing the notification to S.P.I.S. is attached to the COMPLAINT REPORT, COMPLAINT FOLLOW-UP or PROPERTY CLERK INVOICE, whichever most accurately reflects the current status of a motor vehicle/boat/plate being reported stolen, recovered, etc. f. Enter details of notification in Command Log (name, address, relationship) when prisoner is of unsound mind, or under nineteen years of age, or is admitted to a hospital. g. Enter in Command Log information concerning release of prisoner to member of Highway District to conduct required tests. h. Enter chemical test results on ON-LINE BOOKING SYSTEM ARREST WORKSHEET under caption, "Narrative." i. Enter any change in the custody of the prisoner in the Command Log and notify borough Court Section for computer entry of new prisoner location. j. Document any other pertinent facts in the Command Log, including serial numbers of any forms prepared regarding arrest. k. Notify Court Section supervisor for computer entry when prisoner is admitted to a hospital (see P.G. 210-02, "Hospitalized Prisoners.") (1) Record notification in Telephone Record. l. Ensure that all phone calls, up to a maximum of three, or refusal to make phone calls, are recorded on the ON-LINE BOOKING SYSTEM ARREST WORKSHEET and properly entered into Omniform. 29. Refer "FOA" cases (offenses not triable in New York City courts or violation of parole or probation) to detective squad. 30. Direct that "Have Arrested Message" is transmitted, if required. 31. Make notifications as required by P.G. 208-69, "Notifications in Certain Arrest Situations." 32. Request borough Court Section concerned to provide transportation only when large numbers of prisoners must be transported or unusual circumstances dictate the use of a patrolwagon. 33. Return the following forms to the arresting officer for delivery to the assistant district attorney in the Complaint Room or deliver in accordance with borough procedures. a. ON-LINE BOOKING SYSTEM ARREST WORKSHEET b. Fingerprint forms, if prepared c. Copy of DESK APPEARANCE TICKET INVESTIGATION, in every misdemeanor and violation case d. "ADA" copy of the PROPERTY CLERK INVOICE, if evidence has been invoiced. e. SUPPORTING DEPOSITION (PD244-060), if prepared f. MEDICAL TREATMENT OF PRISONER form, if prepared g. JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET, if prepared. 34. Make necessary entries in Command Log, Interrupted Patrol Log and ROLL CALL, when required, indicating arresting officer's time of departure to borough Court Section. ARRESTING OFFICER/ESCORTING OFFICER 35. Deliver prisoner to borough Court Section or lodging location designated by borough Court Section concerned. a. Inform borough Court Section supervisor if prisoner(s) was stripsearched, including reason for and results of the search. 36. Present all forms relating to arrest to the borough Court Section supervisor. 37. Comply with all directions of the borough Court Section supervisor. BOROUGH COURT SECTION SUPERVISOR 38. Examine all forms to verify completeness and accuracy. 39. Forward a complete set of MEDICAL TREATMENT OF PRISONER form, if prepared, with arresting/escorting officer to Department of Corrections (see P.G. 210-04, "Prisoners Requiring Medical/Psychiatric Treatment.") a. Arresting/escorting officer will obtain receipted pink copy of the form and return it to the borough Court Section facility. 40. Ensure that the computer-generated Prisoner Movement Slip has a notation in the Detention Alert Section when a prisoner is violent, resists arrest, is emotionally disturbed, threatens, or attempts suicide. When a prisoner has been strip-searched, enter that fact under "Other," in the Detention Alert Section. Include the command and Command Log page number for reference. A notation indicating that the prisoner has been strip-searched will also be made on the PRISONER TRANSPORT DISPATCH (PD171-132) for notification to the desk officer, precinct of detention. 41. Return the following arrest-related documents to command for filing in Arrest Folder: a. Arresting officer's copy of the Court Complaint b. ON-LINE BOOKING SYSTEM ARREST WORKSHEET c. "Arresting officer" copy of the PROPERTY CLERK INVOICE, if prepared. ARRESTING OFFICER 42. Notify assistant district attorney drawing up the court complaint of all verbal and written statements made by the defendant, and any procedures used to assist a witness or complaint to identify the defendant. a. Record this notification in ACTIVITY LOG. 43. Bring all related papers to each subsequent court appearances. PRECINCT YOUTH OFFICER 44. Follow up on arrests of youths under sixteen years of age. ADDITIONAL DATA OBSERVERS AT THE SCENE OF POLICE INCIDENTS As a rule, when a police officer stops, detains, or arrests a person in a public area, persons who happen to be in or are attached to the area are naturally in position to and are allowed to observe the police officer's actions. This right to observe is, of course, limited by reasons of safety to all concerned, and as long as there is no substantive violation of law. The following guidelines should be utilized by members of the service whenever the above situation exists: a. A person remaining in the vicinity of a stop or arrest shall not be subject to arrest for Obstructing Governmental Administration (Penal Law section 195.05), unless the officer has probable cause to believe the person(s) is obstructing governmental administration. b. None of the following constitutes probable cause for arrest or detention of an onlooker unless the safety of officers or other persons is directly endangered or the officer reasonably believes they are endangered or the law is otherwise violated: (1) Speech alone, even though crude and vulgar (2) Requesting and making notes of shield numbers or names of members of the service (3) Taking photographs, videotapes, or tape recordings (4) Remaining in the vicinity of the stop or arrest c. Whenever an onlooker is arrested or taken into custody, the arresting officer shall request the patrol supervisor to the scene, or if unavailable, report the action to the supervisor where the person is taken. This procedure is not intended in any manner to limit the authority of the police to establish police lines, e.g., crowd control at scenes of fires, demonstrations, etc. ARRESTEE SURRENDERS AT LAW ENFORCEMENT FACILITY When a prisoner has surrendered at a law enforcement facility and is accompanied by an attorney, the uniformed member of the service may request authorization from the immediate supervisor not to use handcuffs, after the supervisor and the member have evaluated the following criteria: a. Potential threat to the officer, prisoner, and other persons b. Possibility of prisoner escaping. ARRESTS OF PERSONS WITH DISABILITIES If the prisoner appears to have a disability, which may affect mobility, speech, hearing, or mental ability, appropriate auxiliary aids to facilitate communication shall be used. In addition, a reasonable attempt shall be made to notify a relative or friend. All such attempts will be documented by the arresting or investigating uniformed member of the service. As soon as practicable, attempt to discern if person being arrested has a disability which may affect mobility, speech, hearing, or mental ability. Where possible, attempt to notify a family member or friend who may provide beneficial assistance regarding the prisoner's background information, previous problems, pedigree data, etc. The arresting / investigating uniformed member of the service shall document all reasonable attempts to notify a relative or friend. ARRESTS OF JUVENILES Arresting officers must call the Juvenile Desk prior to beginning the arrest process to ensure that any intelligence regarding the juvenile is obtained before the decision whether to release the juvenile to a parent / guardian or adult relative is made. The Juvenile Desk has specialized databases that can provide vital background information on arrested / detained juveniles and those adults taking custody of a juvenile upon recognizance or release. In all cases in which a youth is arrested and charged with a violent felony, the precinct detective squad / BRAM will be directed to enhance the arrest. It will also be the responsibility of the precinct detective squad / BRAM to identify, locate, and apprehend any accomplices in gun-related cases or acts of youth violence and attempt to match them to other outstanding crimes. These units will also attempt to identify and apprehend those selling guns to minors. ARRESTS OF LIMITED ENGLISH PROFICIENT OR HEARING IMPAIRED PERSONS If the prisoner and/or the parents/guardians of a juvenile in custody appear to have difficulty understanding/communicating in English, the member of the service concerned should comply with P.G. 212-90, "Guidelines for Interaction with Limited English Proficient (LEP) Persons." If the prisoner and/or the parents/ guardians of a juvenile in custody appear to be hearing impaired, the member of the service concerned should comply with P.G. 212-104, "Interaction with Hearing Impaired Persons." The use of a bilingual employee or the Language Initiative Program is the preferential method of interpretation when interacting with a prisoner. It is recommended that certified members of the Language Initiative Program be used for custodial interrogations. Appropriate Command Log entries will be made when interpretation services are utilized. ARRESTS FOR PUBLIC DISPLAY OF MARIHUANA To support a charge of Penal Law section 221.10(1), Criminal Possession of Marihuana in the Fifth Degree, the public display of marihuana must be an activity undertaken of the subject's own volition in a public place. Thus, uniformed members of the service lawfully exercising their police powers during a stop may not charge the individual with Penal Law section 221.10(1) if the marihuana recovered was disclosed to public view at an officer's direction. A "public place" is defined in Penal Law section 240.00as "any place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds, and hallways, lobbies, and other portions or apartment houses and hotels not constituting rooms or apartments designed for actual residences." The desk officer in the facility where the arrest is being processed will question arresting officers on all Criminal Possession of Marihuana in the Fifth Degree arrests to determine if the arrest was made in conformance with Operations Order 49, series 2011, entitled "Charging Standards for Possession of Marihuana in a Public Place Open to Public View" and make a Command Log entry of results. This questioning will occur regardless of the command of the officer making the arrest (e.g., patrol borough task force, Narcotics Division). In addition, the Quality Assurance Division will incorporate an inspection of Command Logs during the command audit cycle to ensure desk officers are making Command Log entries as required. AVAILABILITY OF PHOTO COPYING MACHINES To facilitate the duplicating of forms required in step "27", commanding officers will make photo copying machines accessible to arresting officers at all times. In those instances where snap-out forms have the District Attorney or Corporation Counsel as a recipient of a copy of that form, a photocopy is not necessary. The District Attorney/Corporation Counsel copy of the form will be delivered to the desk officer. In arrests involving multiple COMPLAINT REPORTS or AIDED REPORT WORKSHEETS, a copy of each report will be required. Separate forms with identical information are not required for multiple arrests with a single complainant or a single AIDED REPORT WORKSHEET. UNDER NO CIRCUMSTANCES WILL ARREST PROCESSING BE UNNECESSARILY DELAYED TO OBTAIN THE DOCUMENTS REQUIRED UNDER STEP "27". ARREST REPORT PEDIGREE For booking purposes, a member of the service shall write an arrestee's name and gender at it appears on a driver's license, permit, or non-driver photo identification. If the arrestee uses a Preferred Name, that name shall be listed in the: a. "Preferred Name" section of the PRISONER PEDIGREE CARD (PD244- 092) b. Next to defendant's name on the Prisoner Movement Slip, prefaced by "Preferred Name:" c. "Nickname/Alias/ Maiden Name" section of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET, prefaced by "P-". Consistent with P.G. 203-10, "Public Contact - Prohibited Conduct", subdivision "a" following step "1", regardless of whether the name on the arrestee's identification coincides with the arrestee's gender identity, the member of the service shall refer to the arrestee by the preferred name, if any, as requested. The member shall use the pronouns consistent with that name in addressing or referring to the arrestee. ARRESTS BY DEPARTMENT OF ENVIRONMENTAL PROTECTION POLICE When assisting a Department of Environmental Protection (DEP) police officer during arrest processing, arrest processing officers and desk officers will continue to be guided by the following Patrol Guide provisions: P.G. 208-02, "Arrests - Removal to Department Facility for Processing", P.G. 208-03, "Arrests - General Processing", P.G. 208-15, "Arrest Report Preparation at Stationhouse" and P.G. 210-03, "Hospitalized Prisoners - Arrests by Members of Other Police Agencies." DEP police personnel will normally be responsible for transporting their own officers and prisoners to the borough Court Section. However, when circumstances permit, the desk officer may direct precinct personnel responding to the borough Court Section facility to also transport the DEP police officer and his / her prisoner. In all other cases, the DEP arresting officer will report to the Complaint Room for affidavit preparation. RELATED PROCEDURES Public Contact - Prohibited Conduct (P.G. 203-10) Arrests - Removal to Department Facility for Processing (P.G. 208-02) Rights of Persons Taken into Custody (P.G. 208-09) Arrest Processing - "Livescan" Fingerprinting and Palmprinting (P.G. 208-11) Arrest - General Search Guidelines (P.G. 208-05) Arrests - Security Measures (P.G. 208-06) Arrest Report Preparation at Stationhouse (P.G. 208-15) Arrests - License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk (P.G. 208-21) Notifications in Certain Arrest Situations (P.G. 208-69) Hospitalized Prisoners (P.G. 210-02) Prisoner Requiring Medical / Psychiatric Treatment (P.G. 210-04) Guidelines for Interaction with Limited English Proficient (LEP) Persons (P.G. 212-90) Interaction with Hearing Impaired Persons (P.G. 212-104) Cases for Legal Action Program (P.G. 214-07) Care of Dependent Child (P.G. 215-01) Utilization of the Juvenile Desk (P.G. 215-21) Photographing Stolen Evidence Vehicles when an Arrest is Made (P.G. 218-18) Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits (P.G. 212-118) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ARREST REPORT - SUPPLEMENT (PD244-157) ARREST DOCUMENTATION CHECKLIST (PD240-010) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT WORKSHEET (PD313-152A) DAT ARREST PACKAGE (PD260-123) DESK APPEARANCE TICKET INVESTIGATION (PD360-081) JUVENILE ARREST INVESTIGATION / PROBATION INTAKE REPORT WORKSHEET (PD277-151A) MEDICAL TREATMENT OF PRISONER (PD244-150) MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS (PD244-1413) MISSING - UNIDENTIFIED PERSON REPORT (PD336-151) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PRISONER PEDIGREE CARD (PD244-092) PRISONER TRANSPORT DISPATCH (PD171-132) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) REQUEST FOR LABORATORY EXAMINATION (PD521-168) SUPPORTING DEPOSITION (PD244-060) UNUSUAL OCCURRENCE REPORT (PD370-152) P.G. 208-04 Arrest By A Civilian Date Effective: 08/01/13 PURPOSE To assist a citizen in making a lawful arrest. PROCEDURE On being informed by a civilian that he has made an arrest: UNIFORMED MEMBER OF THE SERVICE 1. Determine if there is reasonable cause to believe that person arrested committed the offense in question or any related offense and if civilian has authority to make arrest. 2. Accompany civilian and prisoner to stationhouse. DESK OFFICER 3. Determine validity of arrest. a. If arrest not lawful, follow "Release of Prisoners" procedure. 4. Assign a uniformed member of the service to process the arrest and comply with appropriate arrest procedures. 5. Direct that civilian be recorded as having made arrest. 6. Ascertain if member can complete arrest process within scheduled tour. a. Direct member to continue processing arrest and request relief prior to end of tour, if member cannot complete arrest processing. UNIFORMED MEMBER OF THE SERVICE 7. Prepare all necessary arrest documents and forward to relieving officer. 8. Inform relieving officer of details concerning arrest. RELIEVING OFFICER 9. Enter information received concerning details of arrest in ACTIVITY LOG (PD112-145). NOTE: Information should be sufficiently detailed to enable the relieving officer to apprise the Assistant District Attorney assigned to the Complaint Room of the facts of the case. 10. Ensure that civilian complainant appears in court, if required. ADDITIONAL DATA All pertinent provisions of Department orders applicable to arresting officers shall apply to assigned members. When a uniformed member of the service believes that an arrest effected by a civilian member of the [I.O. 1 s 11] Traffic Enforcement District is unwarranted, the member will request the patrol supervisor to respond to the scene. If that is not possible, escort all parties to stationhouse for final determination. RELATED PROCEDURES [I.O. 62 s 09] REVOKED Desk Appearance Ticket-Arrest By Civilian Complainant (P.G. 208-32) Arrest Report Preparation At Stationhouse (P.G. 208-15) Release Of Prisoners-General Procedure (P.G. 210-13) Arraignment Without Complainant (P.G. 211-03) FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 208-05 Arrests - General Search Guidelines Date Effective: 08/01/13 ARRESTING OFFICER 1. Comply with the provisions of P.G. 208-02, "Arrests-Removal to Department Facility for Processing," P.G. 208-03, "Arrests-General Processing," P.G. 208-15, "Arrests Report Preparation at Stationhouse" and the following: SEARCH OF ARRESTED PERSONS To maximize security and minimize potential hazards to the arresting officer, the arrested person, and other Department personnel, the following guidelines are published for the information of all members of the service: A. FRISK/FIELD SEARCH (1) A frisk, performed primarily to ensure the personal safety of the arresting officer, is a methodical external body examination of the arrested person conducted immediately after apprehension to find weapons, evidence, or contraband. The frisk should be conducted before or immediately after the subject is rear handcuffed, depending upon particular circumstances, temperament of the subject, and escape potential. A thorough external body examination is made by sliding the hand over the subject's body, feeling for weapons or other objects, with special attention to the waistband, armpit, collar, and groin areas. If an unusual object is detected, the officer will reach into or under the clothing to remove it. B. SEARCH AT POLICE FACILITY (1) Upon arrival at precinct of arrest or other Department facility, the arresting officer (if he/she is of the same gender as prisoner) or another designated member of the same gender as the prisoner, shall conduct a thorough search of the prisoner's person and clothing to ensure the safety of all persons within the facility and to remove weapons, contraband, and evidence not discovered by the frisk. Other items lawfully carried but that are dangerous to life, may facilitate escape, or may be used to damage Department property will also be removed from the subject. (2) A search at a police facility, which is not the same as a "strip search," includes the removal of outer garments such as overcoats, jackets, sweaters, vests, hats, wigs, ties, belts, shoes and socks, handbags, and wallets. All pockets are to be emptied and all clothing not removed will be examined by grabbing, crushing, and squeezing the garments and by sliding the hands across the body to detect articles that may be underneath or sewn to the clothing. (3) In order to achieve a balance between the privacy and personal dignity concerns of arrestees, the desk officer or supervisor supervising a search at a police facility shall assign a uniformed member to conduct the search as follows: a. In situations where an arrestee's gender is not immediately apparent or an arrestee objects to the gender of the member assigned to perform the search, the desk officer or supervisor supervising the search will assign a uniformed member of the gender requested by the arrestee, consistent with officer safety and resource availability. Consistent with the privacy concerns of the arrestee, only those officers reasonably necessary to conduct the search should be present for the search. b. Under no circumstances shall members of the service conduct searches for the purpose of determining gender. Additionally, officers shall not ask questions about an arrestee's anatomy without a reasonable basis for doing so. Refer to P.G. 203-10,"Public Contact - Prohibited Conduct." NOTE: In the event the gender of the officer assigned to conduct the search differs from the gender requested by the arrestee, the desk officer or supervisor supervising the search shall make a detailed entry in the Command Log regarding the factors considered in assigning member(s) to conduct the search and identities of the uniformed member(s) who actually conducts the search. C. STRIP SEARCH (1) A strip search is any search in which an individual's undergarments (e.g., bra, underwear, etc.) and/or private areas are exposed or in which an individual's clothing is removed, lifted up, or pulled down to expose undergarments or private areas. A strip search of a prisoner may not be conducted routinely in connection with an arrest. Strip searches may only be conducted with the knowledge and approval of the arresting officer's immediate supervisor or the borough Court Section supervisor. A strip search may only be conducted when the arresting officer reasonably suspects that weapons, contraband or evidence may be concealed upon the person or in the clothing in such a manner that they may not be discovered by the previous search methods. NOTE: If a strip search is conducted, such information will be entered in the Command Log, arresting officer's ACTIVITY LOG (PD112-145), and also documented on the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) or the ARREST REPORT SUPPLEMENT (PD244-157). A subsequent strip search will not be conducted unless there is reasonable belief that the subject has acquired a weapon or contraband. (2) The arresting officer requesting authorization to conduct a strip search must describe the factual basis for the request to the officer's immediate supervisor/ borough Court Section supervisor. A supervisor will authorize a strip search only when an arresting officer has articulated a reasonable suspicion that the individual is concealing evidence, contraband, or a weapon. Note, this is a different standard than the probable cause required for the arrest. The immediate supervisor of the arresting officer/borough Court Section supervisor, based on the facts presented, will determine if a strip search should be conducted. The supervisor authorizing the strip search is responsible for ensuring the search is conducted properly. (3) Other factors that should be considered in determining whether an appropriate basis exists for a strip search include the nature of the crime (i.e., serious violent felony), arrest circumstances, subject's reputation (i.e., extremely violent person), acts of violence, unaccounted "hits" on magnetometers or walk-through metal detectors, and any discoveries or information from previous searches of the same individual or others arrested with him/her. NOTE: In cases where there is a disagreement between the desk officer and an arresting officer's immediate supervisor from an outside command as to whether or not to conduct the strip search, the desk officer will notify the precinct/police service area/transit district commanding officer or duty captain. The precinct/police service area/transit district commanding officer or duty captain will make the final decision whether or not to conduct the strip search. (4) A strip search shall be conducted only by a member of the same gender as the arrested person, in a secure area, in utmost privacy, and in the presence of only those members of the service reasonably necessary to conduct the search. In order to achieve a balance between the privacy and personal dignity concerns of arrestees, the desk officer or supervisor supervising a strip search shall assign a uniformed member to conduct the search as follows: a. In situations where an arrestee's gender is not immediately apparent or an arrestee objects to the gender of the member assigned to perform the search, the desk officer or supervisor supervising the search will assign a uniformed member of the gender requested by the arrests, consistent with officer safety and resource availability. b. Under no circumstances shall members of the service conduct searches for the purpose of determining gender. Additionally, officers shall not ask questions about an arrestee's anatomy without reasonable basis for doing so. Refer to P.G. 203-10, "Public Contact - Prohibited Conduct." NOTE: In the event the gender of the officer assigned to conduct the search differs from the gender requested by the arrestee, the desk officer of supervisor supervising the search shall make a detailed entry in the Command Log regarding the factors considered in assigning member(s) to conduct the search and identities of the uniformed member(s) who actually conducts the search. It should not be necessary to touch the subject's body, except for the examination of the hair. UNDER NO CONDITIONS SHALL A BODY CAVITY SEARCH BE CONDUCTED BY ANY MEMBER OF THE SERVICE. If pursuant to a strip search, any object or foreign material is visually detected within any body cavity of the suspect, the desk officer will be notified immediately. The object WILL NOT be removed without first obtaining a search warrant. Once the search warrant is obtained, members of the service must seek the assistance of a medical professional in order to remove the object. (5) A strip search will not be conducted after a decision is made to void an arrest or to release the prisoner immediately upon issuance of a summons. RELATED PROCEDURES Public Contact - Prohibited Conduct (P.G. 203-10) Arrests- Removal to Department Facility for Processing (P.G. 208-02) Arrests-General Processing (P.G. 208-03) Arrests-Security Measures (P.G. 208-06) Arrest Report Preparation at Stationhouse (P.G. 208-15) Arrests - License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk (P.G. 208-21) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ARREST REPORT- SUPPLEMENT (PD244-157) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-06 Arrests - Security Measures Date Effective: 08-01-13 ARRESTING OFFICER Comply with the provisions of P.G. 208-02, "Arrests-Removal To Department Facility For Processing", P.G. 208-03, "Arrests-General Processing", P.G. 208-15, "Arrest Report Preparation At Stationhouse", and the following: TRANSPORTING PRISONERS IN DEPARTMENT VEHICLES ARRESTING/ESCORTING OFFICER When a prisoner is transported in a Department vehicle, the prisoner will be rear handcuffed, placed in the rear seat and secured with a seat belt on. Seat belts will be used to secure prisoners, when practical, in non-emergency situations. In Department vehicles equipped with a fiberglass partition, both the operator and recorder will ride in the front seat. If the Department vehicle is not equipped with a fiberglass partition, the recorder will ride in the rear seat, directly behind the operator, with the prisoner seated on the passenger side of the vehicle. Transporting members will ensure that: a. The handcuffs are double locked. b. The prisoner is placed in a position in the rear seat to allow the recorder to visually monitor the prisoner during transport. c. The rear compartment of Department vehicle is examined before and after prisoner transport. d. All personal property (e.g., flashlights, batons, briefcases, etc.) is removed prior to placing the prisoner inside the Department vehicle. e. When the seat belt is being secured on the prisoner by a member, the other member will remain on the opposite side of the RMP with the rear door open to be tactically able to assist in the event of an unforeseen occurrence. Prisoners will be transported in an RMP equipped with a safety partition whenever available. In all cases, prisoner (s) will be kept under observation at all times and both the operator and recorder will be physically present at the embarkment/disembarkment point of the vehicle to supervise prisoner entry and exit. NOTE: Whenever it is necessary to transport/secure prisoners in a marked or unmarked RMP and the vehicle has child safety locks on the rear door, these locks will be engaged. Most passenger vehicles are equipped with child safety locks which, when engaged, will prevent the opening of the rear door from inside the vehicle. The child safety locks are engaged through the operation of a switch located in the doorjamb area of each rear door. On Ford Crown Victoria vehicles, the switch must be slid to the "Lock On" position. On Chevrolet Impala vehicles, a key or similar device must be inserted into an opening in the doorjamb to move the switch upward. For further clarification or for directions for other passenger vehicles, the respective owner's manual should be reviewed. It is important to note that when child safety locks are engaged, the doors are operable only from the outside; however, a passenger can reach outside the vehicle through an open window and operate the door. It is further recommended that the child safety locks be disengaged when transporting members of the service. TRANSPORTING PRISONERS IN TWELVE PASSENGER VANS The transportation of prisoners in a twelve passenger van or similar vehicle will be avoided whenever a RMP with a safety partition is available. When it is necessary to utilize a twelve passenger van to transport prisoner (s), the prisoner (s) will be rear handcuffed with handcuffs double locked. The prisoner(s) will be secured on the second bench seat utilizing the seatbelts. The recorder will ride on the 1st bench seat. Normally, no more than three prisoners should be transported at one time (see ADDITIONAL DATA graphic for Seating Plan.) Select twelve passenger vans are equipped with an electric rear door lock. This lock will be engaged when prisoners are secured in the vehicle. When it is necessary to utilize a twelve passenger van to transport more than three prisoners, e.g. transporting prisoners from a precinct to court, in addition to the procedures outlined above, leg restraints will be utilized, if available. When members of the service are utilizing leg restraints, the use of transport chains may not be necessary and will not be mandated as in Patrol Guide procedure 210-01, "Prisoners General Procedure." If transport chains are not utilized, prisoners will be rear handcuffed and handcuffs double locked. No more than seven prisoners will be transported in this manner and the prisoners will be secured on the 2nd and 3rd bench seats. The recorder and additional escort officer(s), if assigned, will ride in the 1st bench seat (see ADDITIONAL DATA graphic for Seating Plan.) When utilizing a twelve passenger van to transport/secure prisoners during SNEU operations, or any other operation where the prisoner (s) may spend protracted periods of time in the van, all of the above security devices will be utilized, i.e. handcuffs, leg restraints, door locks, seatbelts, etc., when available. Prisoners should not be kept in vans for excessive periods of time. In all cases, the prisoner(s) will be kept under observation at all times and both the operator and recorder will be physically present at the embarkment/disembarkment point of the vehicle to supervise prisoner entry and exit. Whenever prisoners wearing leg restraints are being transported in twelve passenger vans, members of the service will take care to ensure that the prisoners enter and exit the van safely. Because of the height of the vans, and the fact that prisoners wearing leg restraints will generally be rear handcuffed and may have greater difficulty in breaking their fall should they slip, officers will assist prisoners into and out of the vans. DELIVERING PRISONERS TO DETENTION FACILITY OR PRE-ARRAIGNMENT Arresting/escorting officers shall notify attendants or Correction Department personnel if prisoner(s) offered resistance, exhibited other threatening or dangerous behavior, attempted suicide or escape. Such notification and behavior will be recorded in the member's ACTIVITY LOG (PD112-145) and noted on the Prisoner Movement Slip, in the "Detention Alert" section. Leg restraints MUST be used when transporting a prisoner that has refused to be fingerprinted and for ALL prisoners being transported to a hospital for medical treatment. If the desk officer determines that extenuating circumstances exist that preclude placing leg restraints on a prisoner that has refused to be fingerprinted or is being transported to a hospital for medical treatment, a command log entry will be made detailing the reason why. The use of leg restraints does not replace the requirement to rear handcuff the prisoner. All procedures detailing the use of handcuffs remain in effect. When using leg restraints on a prisoner, the escorting officer is to exercise caution to prevent the prisoner from falling. Whenever an arresting officer/investigator becomes aware of the need to separate two or more defendants from one another due to threats made by one defendant to another, or due to the potential for one defendant to assault another, a notation will be made at the bottom of each defendant's Prisoner Movement Slip in the "Detention Alert" section under the caption "Other (Explain)." The notation must contain the name and arrest number of the other defendant involved, as well as an indication as to why separation is deemed necessary (e.g., prisoner had a fight with the other prisoner; prisoner was threatened by other prisoner, etc.). If separation is required for confidential or sensitive reasons, such as one prisoner testified against another, enter the name and telephone number of the arresting officer/investigator so that further information can be obtained if necessary, rather than entering the actual reason for the separation. (If detention personnel are unable to contact the arresting officer/investigator for further information, they will continue to keep the affected prisoners separated from one another). In the event that an arrest processing officer or escorting officer becomes aware that a conflict exists between prisoners requiring their separation, the officer must: a. Inform the arresting officer/investigator of the circumstances in order that the latter may make entries on the Prisoner Movement Slips, OR b. Personally make entries on the Prisoner Movement Slips which should then be brought to the attention of the Court Section personnel for entry on the courthouse generated movement slips. The information entered on the Prisoner Movement Slip prepared at the precinct must also be entered on the computerized movement slip generated at the courthouse when the prisoner is photographed. In addition to the notation on the movement slip, the arresting officer/investigator/escorting officer will notify the concerned borough court section supervisor. Members of the service assigned to prisoner detention functions at the precinct and at the courthouse must examine and be guided by the information contained in the "Detention Alert" caption on each Prisoner Movement Slip regarding separating prisoners, etc. Department policy prohibits the carrying of firearms within detention facilities. Therefore, when delivering prisoners for pre-arraignment processing, arresting/transporting officers must: a. Respond to the appropriate borough court section intake area with required arrest related documents, and enter with prisoner(s) to be processed. b. Upon entering facility, immediately secure firearms in designated Department locker as directed by assigned Department personnel. c. Upon completion of police duties within the detention facility, the uniformed member will retrieve the firearm from the location where it was secured prior to leaving the facility. When delivering prisoners to the Manhattan Court Section at the rear of 100 Centre Street, uniformed members of the service are to secure their firearms in the Department of Correction security booth located in the intake sally port area. The court section locationsare as follows: MANHATTAN COURT SECTION - Rear of 100 Centre Street (at Baxter Street) MIDTOWN COMMUNITY COURT - 314 West 54th Street (Midtown North Pct.) BROOKLYN COURT SECTION - Rear of 120 Schermerhorn Street (State St.) QUEENS COURT SECTION - 125-01 Queens Boulevard BRONX COURT SECTION - 215 East 161st Street STATEN ISLAND COURT SECTION - 78 Richmond Terrace (120th Pct. 2nd Fl.) Uniformed members of the service at the scene of an incident at which a prisoner is acting in a deranged, erratic manner apparently caused by a drug overdose, i.e., cocaine psychosis, angel dust, heroin overdose, etc., will request the response of the supervisor on patrol, if an ambulance is not immediately available. The supervisor will determine if prisoner should be removed to the appropriate hospital by utilizing a Department vehicle or await the arrival of an ambulance. The prisoner is not to be brought to a police facility. Cocaine induced psychosis or other illegal drug usage may cause violent behavior which may be a means of self-defense against imagined persecutors. In addition to paranoia, the individual may experience visual, auditory, or tactile (e.g., bugs crawling under the skin, etc.), hallucinations, high body temperature and seizures. Since sudden death may ensue, uniformed members of the service are reminded to have such person brought to an appropriate hospital facility and NOT TO A POLICE FACILITY. Absent unusual circumstances, and when an unoccupied detention cell is available, prisoners who are being processed and require the use of toilet facilities will utilize those located within precinct detention cells. Detention cell facilities chosen must be fully operational (e.g., toilets, alarm and cell lock in working condition). Prisoners will be escorted by a uniformed member of the service of the same sex. All Department directives relative to prisoner security guidelines remain in effect. ADDITIONAL DATA Seating Plan Up to 3 Prisoners (Figure 46A) *Rear Door must be locked to ensure prisoners do not escape. Seating Plan Up to 7 Prisoners (Figure 46B) * Maximum transport of prisoners is 7 prisoners for 12 passenger vans. * Rear door must be locked to ensure prisoners do not escape. * Assign additional escort officer as necessary. RELATED PROCEDURES Arrests - Removal To Department Facility For Processing (P.G. 208-02) Arrest - General Processing (P.G. 208-03) Arrest - General Search Guidelines (P.G. 208-05) Arrest Report Preparation At Stationhouse (P.G. 208-15) Arrests - License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk (P.G. 208-21) FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 208-07 Photographable Offenses Date Effective: 08-01-13 PURPOSE To obtain official Department photographs of persons arrested for felonies and certain misdemeanors. PROCEDURE Follow normal arrest procedure and, in addition: UNIFORMED MEMBER OF THE SERVICE 1. Have photographs taken of persons arrested when such persons are charged with any felony, including "juvenile offenders" as defined in the Penal Law, Section 10, sub. 18, or any of the following misdemeanors: a. Criminal possession of a weapon, 4th degree, firearm only, (Section 265.01, Penal Law) NOTE: Photographs are no longer required for criminal possession of a weapon in the fourth (4th) degree if the weapon is NOT a firearm. b. Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances (Section 265.10, Penal Law) c. Prohibited use of weapons (Section 265.35, Penal Law, sub. 1 and 3) d. Jostling (165.25, Penal Law) e. Fraudulent accosting (Section 165.30, Penal Law) except if specifically charged with operating a "Three Card Monte" game f. Sexual abuse, 2nd degree (Section 130.60, Penal Law) g. Criminal impersonation, 2nd degree (Section 190.25, Penal Law, sub. 3) h. Promoting prostitution, 4th degree (Section 230.20, Penal Law) i. Loitering for the purpose of promoting prostitution (Section 240.37, Penal Law, sub. 3) j. Prostitution (Section 230.00, Penal Law) k. Patronizing a prostitute, 3rd degree (Section 230.04, Penal Law) l. Patronizing a prostitute, 4th degree (Section 230.03, Penal Law) m. Trademark counterfeiting, 3rd degree (Section 165.71, Penal Law). n. Arson, 5th degree (Section 150.01, Penal Law) ADDITIONAL DATA An official Department photograph is taken by a member of the Photo Unit for any felony or selected misdemeanor listed above. In addition, official Department photographs will continue to be taken of adults arrested for Making Graffiti and Possession of Graffiti Instruments when such persons do not qualify for a Desk Appearance Ticket. A photograph taken at a Department facility is for identification purposes only and does not satisfy the requirements of this procedure. A hospitalized prisoner who is charged with a photographable misdemeanor may be issued a Desk Appearance Ticket, if eligible, and criminal photographs will NOT be taken. P.G. 208-08 Fingerprintable And Palmprintable Offenses Date Effective: 07-01-14 PURPOSE To establish positive identification of persons arrested and provide arraignment court with prior criminal record. PROCEDURE Follow normal arrest procedure and: ARRESTING OFFICER/ARREST PROCESSING OFFICER 1. Fingerprint and palmprint person arrested utilizing Livescan as indicated below: a. Adult prisoners if charged with: (1) Felony (2) Misdemeanor as defined in Penal Law (3) Misdemeanor defined outside the Penal Law which would constitute a felony if such person was previously convicted of a crime (4) Loitering for purpose of engaging in prostitution - Section 240.37, subdivision 2, Penal Law. b. Juvenile Offender - A person less than 16 years of age taken into custody and charged with a felony as indicated: (1) 13, 14 and 15 years of age charged with Murder 2nd Degree (Section 125.25, subdivisions 1 and 2) (2) 14 or 15 years of age charged with Murder 2nd Degree (Felony Murder subdivision 3) if the underlying felony is listed in subdivision (3), items (a) through (k) below. (3) 14 or 15 years of age and charged with: (a) Assault 1st Degree - Section 120.10, subdivisions 1 and 2 (b) Manslaughter 1st Degree - Section 125.20 (c) Rape 1st Degree - Section 130.35, subdivisions 1 and 2 (d) Criminal Sexual Act 1st Degree - Section 130.50, subdivisions 1 and 2 (e) Kidnapping 1st Degree - Section 135.25 (f) Burglary 1st Degree - Section 140.30 AND Burglary 2nd Degree Section 140.25, subdivision 1 (g) Arson 1st and 2nd Degrees - Sections 150.20 and 150.15 (h) Robbery 1st Degree - Section 160.15 AND Robbery 2nd Degree Section 160.10, subdivision 2 (i) Aggravated Sexual Abuse 1st Degree - Section 130.70 (j) Attempted Murder 2nd Degree - Section 110.00; Section 125.25 OR Attempted Kidnapping 1st Degree - Section 110.00; Section 135.25. (k) Criminal Possession of a Weapon 2nd Degree - Section 265.03 OR Criminal Possession of a Weapon 3rd Degree - Section 265.02, subdivision 4, and the offense takes place on school grounds. NOTE: School grounds consist of any building or property within the property line of a public, private or parochial school from elementary up to and including high school or within a thousand feet of the property line of such school (Penal Law Section 220.00, subdivision 14). c. Other Juvenile (not classified Juvenile Offenders) (1) 11 years of age or older - charged with an A or B felony (2) 13 years of age or older - charged with any felony. NOTE: Fingerprints and palmprints may be taken if the arresting/assisting officer is unable to ascertain prisoner's identity, if officer reasonably suspects that the identity given by the prisoner is not accurate or if the officer reasonably suspects that the person is wanted by another law enforcement officer or agency for the commission of another offense. 2. Take one clear front view photo of juvenile and on the reverse side enter the following information: a. Name of juvenile b. Date of birth c. Mother's full name, include maiden name d. Date and precinct of arrest e. COMPLAINT REPORT (PD313-152) and arrest number and crime(s) charged. 3. Forward photograph promptly in sealed envelope to the Identification Section, Youth Records Unit, Room 606, Police Headquarters. NOTE: If juvenile is taken directly to Family Court, a member of the borough court section or arresting/assigned officer will take fingerprints and photo and forward as above. ADDITIONAL DATA Whenever prisoners must be fingerprinted and palmprinted, photographs may also be taken. RELATED PROCEDURES Photographable Offenses (P.G. 208-07) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) P.G. 208-09 Rights Of Persons Taken Into Custody Date Effective: 08/01/13 PURPOSE To advise persons taken into custody of their constitutional rights. PROCEDURE Prior to questioning a person taken into custody: UNIFORMED MEMBER OF THE SERVICE 1. Inform such person of the following constitutional rights (Miranda Warnings): a. You have the right to remain silent and refuse to answer any questions. Do you understand? b. Anything you say may be used against you in a court of law. Do you understand? c. You have the right to consult an attorney before speaking to the police and to have an attorney present during any questioning now or in the future. Do you understand? d. If you cannot afford an attorney, one will be provided for you without cost. Do you understand? e. If you do not have an attorney available, you have the right to remain silent until you have an opportunity to consult one. Do you understand? f. Now that I have advised you of your rights, are you willing to answer questions? 2. Explain any portion of the rights that the person in custody does not understand. [I.O. 32 s 11] a. If the person in custody and/or the parents/guardians of a juvenile in custody appear to have difficulty understanding/ communicating in English, the member of the service concerned should comply with P.G. 212-90, "Guidelines for Interaction with Limited English Proficient (LEP) Persons." If the prisoner and/or the parents/guardians of a juvenile in custody appear to be hearing impaired, the member of the service concerned should comply with P.G. 212-104, "Interaction with Hearing Impaired Persons." The use of a bilingual employee or the Language Initiative Program is the preferential method for interpretation when interacting with a prisoner. It is recommended that certified members of the Language Initiative Program be used for custodial interrogations. Appropriate command log entries will be made when interpretation services are utilized. 3. Cease interrogation if subject wants an attorney or wishes to remain silent. 4. Contact attorney for person in custody. [I.O. 34 s 08] NOTE: Before questioning juveniles, both the juvenile and the parent/guardian must be read Miranda warnings by utilizing MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS (PD244- 1413). The juvenile may be questioned if he/she waives these rights in the presence of the parent/guardian. The parent/guardian does not have to separately waive the rights; they only need to be advised of such rights. If, however, the parent/guardian objects to the questioning or requests an attorney for the juvenile, no questioning should occur, even if the juvenile is willing to answer questions. DESK OFFICER/SUPERVISOR CONCERNED 5. Inform prisoner of presence of attorney and ask if he wants to see the attorney. NOTE: If an attorney states that he represents a prisoner but does not know the identity of the prisoner, he will not be permitted to interview him. 6. Permit interview to be conducted in muster room for a reasonable time. 7. Assign uniformed member of the service to keep prisoner and attorney under continuous observation at all times. Ensure that no objects are passed between the prisoner and the attorney. 8. Enter under "Details" of the ON LINE BOOKING SYSTEM ARREST WORKSHEET(PD244-159): a. Name, address and phone number of attorney and identity of person who retained him b. If interview was conducted c. Time of attorney's arrival and departure. IF INTERVIEW WAS CONDUCTED AT BOROUGH COURT SECTION FACILITY OR AT A PRECINCT OTHER THAN THE PRECINCT OF ARREST DESK OFFICER/SUPERVISOR CONCERNED 9. Notify the desk officer of precinct of arrest giving required information. 10. Make a Command Log entry of interview and notification. 11. Record information in the ON LINE BOOKING SYSTEM ARREST WORKSHEET or ARREST REPORT - SUPPLEMENT (PD244-157). IF A REQUEST IS RECEIVED FROM AN ATTORNEY SEEKING THE LOCATION OF A CLIENT WHO HAS BEEN ARRESTED AND IS IN CUSTODY OF THIS DEPARTMENT MEMBER OF THE SERVICE CONCERNED 12. Record contents of message in Telephone Record including: a. Time, name, address and phone number of attorney, name of person arrested, and any other facts which may assist in locating prisoner. NOTE: If Telephone Record is not maintained in command, entry will be made as directed by commanding officer. 13. Request Communications Section to transmit FINEST message to all commands advising that the particular defendant is represented by counsel. DESK OFFICER/SUPERVISOR CONCERNED 14. Determine if prisoner is detained in stationhouse/Department facility. 15. Direct interrogating officers concerned to cease interrogation and permit prisoner to contact attorney, if prisoner is located in precinct/ Department facility. NOTE: A uniformed member of the service who has information concerning the whereabouts of the prisoner will communicate with the desk officer (or counterpart) of his command. The desk officer will notify the originator of the FINEST message. Guidelines listed in steps 12 through 15 apply only in those situations where an attorney initiated an inquiry seeking to locate a client who was arrested and with whom he has had no prior contact in this arrest situation. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) ARREST REPORT SUPPLEMENT (PD244-157) P.G. 208-10 Alternate Procedure For Arrest Number Generation As A Result Of Computer Failure Date Effective: 08/01/13 PURPOSE To set guidelines for arrest number generation when computer system (On Line Booking System) becomes disabled. PROCEDURE When the On Line Booking System becomes disabled, uniformed members of the service assigned to commands participating in "local arrest processing" that require an arrest number will: NOTE: Commands that currently issue arrest numbers for DESK APPEARANCE TICKETS (PD260-121) will not follow this procedure. Instead, arrest numbers for DESK APPEARANCE TICKETS will be issued by commands concerned when On Line Booking System becomes operational. DESK OFFICER/SUPERVISOR 1. Direct member of the service assigned to input arrest data entries (PF1/PF3), if the On Line Booking System becomes disabled in a command's computer at any time, to: a. Immediately notify the Management Information Systems Division, Help Desk, at (212) 374-3800, to attempt to correct problem. 2. Ascertain from member assigned to Management Information Systems Division, Help Desk, when problem is not correctable: a. If problem is limited to the command or is citywide, AND b. Anticipated period of time that the On Line Booking System will be disabled. IF ON LINE BOOKING SYSTEM IS DOWN IN COMMAND OF ARREST ONLY: DESK OFFICER/SUPERVISOR 3. Instruct member assigned to input arrest data to have arrest number generated, via landline, by an adjoining precinct whose system is operational. a. Continue to follow command's current "local arrest processing" procedures. IF ON LINE BOOKING SYSTEM IS DOWN CITYWIDE: DESK OFFICER/SUPERVISOR 4. Contact supervisor at borough central booking facility concerned. IF M.I.S.D. INDICATES THAT THE ON LINE BOOKING SYSTEM IS DOWN CITYWIDE AND RESTORATION OF THE SYSTEM IS NOT IMMINENT: BOROUGH COURT SECTION SUPERVISOR 5. Institute manual arrest processing mode, which includes: a. Issuance of arrest numbers from an "arrest log" book to arresting/assigned uniformed members of the service via landline. NOTE: These arrest numbers are identified as a two hundred thousand (200,000) series, i.e., M97200001. b. Have notifications made to Division of Criminal Justice Services (DCJS) in Albany to determine next sequential Fax number. NOTE: Completed Fingerprint Charts are to be issued sequential Fax control numbers indicated by DCJS and sent to Albany for processing. DESK OFFICER/SUPERVISOR 6. Have information requested on required Fingerprint Charts neatly printed by arresting/assigned uniformed member of the service. 7. Have copy of ON LINE BOOKING SYSTEM ARREST WORK-SHEET (PD244-159) (complete with issued manual arrest number), all completed Fingerprint Charts, Prisoner Movement Slip (Misc. 2011A) and prisoner delivered, without delay, by other than arresting officer, to appropriate facility (e.g., Midtown Community Court, 25th Precinct Hub-Site, etc.,) as indicated in current local arrest processing procedures. NOTE: Arresting/assigned uniformed members will remain at command and continue to process arrest for affidavit preparation as set forth by existing local arrest processing procedures. Fingerprint charts must be delivered within three hours of arrest. ADDITIONAL DATA Precincts of arrest are responsible for back data entry once On Line Booking System comes back on-line. Therefore, a copy of the ON LINE BOOKING SYSTEM ARREST WORKSHEET will be retained and kept available at the desk for entry of arrest data (PF9/PF3), when On Line Booking System becomes operational. "PF9" data entry is identical to "PF1" but forces On Line Booking System to accept previously issued manual arrest number in lieu of computer generated arrest number. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) DESK APPEARANCE TICKET (PD260-121) P.G. 208-11 Arrest Processing-"Livescan" Fingerprinting And Palmprinting Date Effective: 08/01/13 PURPOSE To set forth guidelines for the utilization of the "LIVESCAN" computer fingerprinting and palmprinting. PROCEDURE In all arrests situations whenever a prisoner is required to be fingerprinted and palmprinted, except bedside arraignment of a hospitalized prisoner, or a hospitalized prisoner who may be eligible for a Desk Appearance Ticket, utilize the "LIVESCAN: computer fingerprinting and palmprinting system and: NOTE: To maintain a high quality of fingerprints and palmprints, operation of the "LIVESCAN" machine should be performed by the command's designated arrest processing officer, if applicable, or a member of the service appropriately trained to operate the machine. Also, appropriately trained investigators of the NYS Attorney General's Office will be permitted to use the LIVESCAN machine. ARREST PROCESSING OFFICER/DESIGNATED MEMBER 1. Generate arrest number through the On Line Booking System (OLBS). a. Ensure proper "ARREST PROCESSING TYPE" code is entered during On Line Booking System data entry. 2. Record the check digit that appears on the On Line Booking System terminal screen at the completion of the PF-3 data entries, onto the top right corner of the ON LINE BOOKING SYSTEM ARREST WORK SHEET (PD244-159). a. Retrieve the arrest's check digit through the "BADS" computer system if the check digit was not recorded. NOTE: The check digit is necessary for operation of the "LIVESCAN" computerized fingerprinting system and subsequent transmission of fingerprints/palmprints. 3. Immediately proceed to begin fingerprinting and palmprinting upon completion of On Line Booking System data entries (PF1/PF3), utilizing "LIVESCAN" machine as follows: a. Ensure both the prisoner's hands and the scanner platens of the "LIVESCAN" machine are clean and dry. (1)Use "Pre-Scan Pad" to moisten prisoner's fingers and palms, if excessively dry. b. Enter arrest number with check digit into "LIVESCAN" computer. NOTE: Once arrest number (with check digit) is entered into the "LIVESCAN" computer, all pertinent arrest information is automatically downloaded to the "LIVESCAN" computer from original On Line Booking System data entries. If this information is not transferred to "LIVESCAN," information must be re-sent through "BADS" as follows: - Select #1, "ARREST REPORT PRINTOUTS," from "BADS" main menu. - Enter arrest number, when prompted. - Move cursor to caption, "LIVESCAN RESEND," and mark field with an "X" and enter. (Message at bottom of screen will read, " RECORD HAS BEEN TRANSFERRED FOR LIVESCAN.") - Return to "LIVESCAN" machine and restart process. c. Fingerprint plain (flat) impressions of the four fingers minus the thumb on large scanner platen and the thumbs on the small scanner platen and press "SCAN." (1) The four fingers of each hand must be placed on an angle on scanner platen, with special attention to the pinky finger. (2) Press "SAVE," after plain impression has been completed and hand is removed from scanner platen. d. Fingerprint individual fingers on small scanner platen centering the core of each finger on the cross lines indicated on the left screen of the "LIVESCAN" machine. (1) Ensure proper sequence as indicated by left screen prompts. (2) Roll each finger to one side as indicated by direction arrows on "LIVESCAN" machine and press "SCAN." (a) INDIVIDUAL FINGERS MUST BE ROLLED. (3) Press "SAVE," after roll has been completed and finger is removed from scanner platen, if image is acceptable. (a) Press "SCAN" which erases former image, if image is unacceptable, and print finger again. e. Palmprint palms (2) and writer's palms on large platen and press "SCAN". NOTE: Appropriate notations must be entered in "LIVESCAN" computer when fingers or palms are unable to be adequately printed for any reason, (i.e., "MISS," "AMP," "INJ," "SCAR," etc.). This information is to be entered in designated fingerprint box. UNDER NO CIRCUMSTANCES IS A FINGERPRINT BOX TO BE LEFT BLANK. 4. Check transmit queue of "LIVESCAN" computer to ascertain if prints are being transmitted, when completed. a. The "ACTIVITY LOG" function displays a list of records transmitted for the previous seventy-two hours. NOTE: Complete "LIVESCAN" processing of a prisoner should not exceed three hours from the time of arrest, unless exigent circumstances exist. DESK OFFICER/SUPERVISOR, ARREST PROCESSING SITE 5. Authorize any "override" of "LIVESCAN" prints taken. a. Make appropriate command log entries detailing the reasons for the override. NOTE: Overrides will only be done AFTER four attempts have been made to roll an acceptable print. When supervisor concurs that the rejected print is the best that can be taken (i.e., finger burnt, disfigured, etc.), the "LIVESCAN" operator will "ANNOTATE" the rejection (ADD NOTE), into the "LIVESCAN" computer system. WHEN PRISONER REFUSES TO BE FINGERPRINTED/PALMPRINTED OR IS REMOVED TO THE HOSPITAL: 6. Notify the Borough Court Section supervisor concerned immediately if the prisoner refuses to be fingerprinted/palmprinted or is removed to the hospital. a. Be guided by the instructions of the Borough Court Section supervisor. 7. Provide the Borough Court Section supervisor with the following information: a. Prisoner's name b. Prisoner's arrest number c. Prisoner's fax control number (if available). d. Date/time of prisoner's refusal to be fingerprinted/palmprinted. e. Date/time that the prisoner was removed to the hospital. f. Name of hospital and admission number (where warranted). 8. Note the prisoner's refusal to be fingerprinted/palmprinted as follows: a. Make entry on the computer generated prisoner movement slip. b. Prepare REFUSED PRINTS REPORT (PD223-122). c. Make a command log entry detailing the prisoner's refusal to be fingerprinted/palmprinted. BOROUGH COURT SECTION SUPERVISOR 9. Instruct the desk officer/supervisor making the notification to: a. Proceed with the arrest processing. b. Complete all other arrest related procedures and paperwork. c. Request prisoner's cooperation to be fingerprinted/palmprinted upon completion of all other arrest related procedures. DESK OFFICER/SUPERVISOR, ARREST PROCESSING SITE IF PRISONER COMPLIES: 10. Have prisoner fingerprinted/palmprinted at the command via LIVESCAN. a. Complete REFUSED PRINTS REPORT and verify. b. Make additional entries on movement slip and in command log indicating prisoner's decision. c. Enclose REFUSED PRINTS REPORT with arrest package. IF PRISONER STILL REFUSES: 11. Proceed as in steps "10a-10c" above. a. Place leg restraints on prisoner and direct that prisoner be brought directly to the Borough Court Section. NOTE: Leg restraints MUST be used when transporting a prisoner that has refused to be fingerprinted and palmprinted. If the desk officer determines that extenuating circumstances exist that preclude placing leg restraints on a prisoner that has refused to be fingerprinted and palmprinted, a command log entry will be made detailing the reason why. The use of leg restraints does not replace the requirement to rear handcuff the prisoner. All procedures detailing the use of handcuffs remain in effect. When using leg restraints on a prisoner, the escorting officer is to exercise caution to prevent the prisoner from falling. WHEN PRISONER THAT REFUSED TO BE FINGERPRINTED/ PALMPRINTED ARRIVES AT THE BOROUGH COURT SECTION: BOROUGH COURT SECTION SUPERVISOR 12. Question the prisoner and verify that he/she refuses to be fingerprinted/palmprinted. IF PRISONER COMPLIES: 13. Direct that prisoner be fingerprinted/palmprinted via LIVESCAN. 14. Make an entry indicating compliance: a. In the command log. b. On the prisoner movement slip. c. On the REFUSED PRINTS REPORT and verify. IF PRISONER CONTINUES TO REFUSE TO BE FINGERPRINTED/ PALMPRINTED: 15. Lodge prisoner at the Borough Court Section throughout the arraignment process. 16. Make command log entry noting the refusal. 17. Complete the REFUSED PRINTS REPORT and verify. 18. Have appropriate "NOTEPAD" data entries and corresponding "UNARRAIGNED DISPOSITION" field entered into "OLPA" computer system immediately. NOTE: A prisoner who refuses to be fingerprinted and palmprinted will not leave the court section facility and be sent to another command for lodging. However, if such a prisoner is in need of medical attention, he/she may be brought to a health care facility for treatment. ADDITIONAL DATA The "LIVESCAN" machine should remain "ON" and the scanner covers of the machine "CLOSED," when not in use. If "LIVESCAN" becomes inoperable, immediately notify the Management Information System Division (MISD) HELP DESK (212) 374-3800, and if necessary be guided by P.G. 208-12, "Alternate Procedures For Fingerprint and Palmprint Processing In The Event of Computer Failure". The "LIVESCAN" machine must be "recalibrated" at least once per tour to ensure that prints transmitted are acceptable to the Identification Section and the Division of Criminal Justice Services (i.e., not too dark or too light, etc.). Busy commands must "recalibrate" more frequently. The "LIVESCAN" machine scanner platens must be cleaned after each prisoner is fingerprinted and palmprinted. The "LIVESCAN" machine is to be cleaned only with authorized cleaning materials, (i.e., "Windex with Ammonia D," "Lithopads"). These materials, in addition to "Pre-Scan Pads," may be requisitioned from the Quartermaster Section. If the "LIVESCAN" computer becomes inoperable because of damage to the machine, particularly to the scanner platen, the vendor will replace the damaged scanner platen and deliver it to the Management Information Systems Division. In circumstances in which there is suspicion of intentional damage, the desk officer will make an entry in the Command Log and initiate an investigation (see P.G. 202-14, "Desk Officer"). Any evidence of intentional damage to any machine will result in an immediate investigation and appropriate action. Routine operational inquiries concerning "LIVESCAN" and the On Line Booking System should be directed to the borough Court Section concerned, twenty-four hours, seven days a week, OR the Criminal Justice Bureau at (646) 610-5305, during business hours. Technical problems and "LIVESCAN" outages are to be referred to the Management Information Systems Division (MISD) HELP DESK at (646) 610-6473. RELATED PROCEDURES Fingerprintable and Palmprintable Offenses (P.G. 208-08) Alternate Procedures For Fingerprint and Palmprint Processing Due To Computer System Failure (P.G. 208-12) Hospitalized Prisoners (P.G. 210-02) Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) REFUSED PRINTS REPORTS (PD223-122) P.G. 208-12 Alternate Procedure For Fingerprint And Palmprint Processing Due To Computer System Failure Date Effective: 08/01/13 PURPOSE To set guidelines for fingerprint and palmprint processing should the "LIVESCAN" System become disabled. DEFINITION "LIVESCAN" System - the electronic transmitting of fingerprints and palmprints via computer. NOTE: Since "LIVESCAN's" operation is fully dependent on the On Line Booking System (OLBS), if the On Line Booking System becomes disabled, "LIVESCAN" becomes inoperable. Additionally, if the On Line Booking System becomes disabled, uniformed members of the service concerned will comply with the guidelines for arrest number generation (see P.G. 208-10, "Alternate Procedure for Arrest Number, Generation As A Result Of Computer Failure"). PROCEDURE When the "LIVESCAN" System becomes disabled: DESK OFFICER/SUPERVISOR 1. Have arresting/assigned officer immediately notify the Management Information Systems Division, Help Desk, at (212) 374-3800, if "LIVESCAN" becomes disabled at any time, to attempt to correct problem. 2. Ascertain from member assigned to Management Information Systems Division, Help Desk, when member concerned indicates that problem is not correctable: a. If problem is limited to the command or is borough/citywide, AND b. Anticipated period of time that the "LIVESCAN" System will be disabled. IF "LIVESCAN" SYSTEM IS DISABLED COMMAND OF ARREST ONLY: DESK OFFICER/SUPERVISOR 3. Have uniformed members of the service, other than arresting officer, transport defendant to an adjoining precinct where "LIVESCAN" System is operational and fingerprint/palmprint defendant. IF "LIVESCAN" SYSTEM IS DISABLED BOROUGH/CITYWIDE: DESK OFFICER/SUPERVISOR 4. Contact borough Court Section supervisor concerned and be guided by supervisor's instructions. NOTE: Borough Court Section supervisors are available twenty-four hours a day, seven days a week, at the following numbers: - Manhattan Court Section (212) 374-3838/3921/3942 - Brooklyn Court Section (718) 834-5318 - Queens Court Section (718) 268-4899/5299 - Bronx Court Section (718) 590-2817/3830 - S.I. Court Section (718) 876-8493 IF THE DECISION IS MADE TO REVERT TO USING INK TO FINGERPRINT AND PALMPRINT PRISONERS: NOTE: Decisions to ink print prisoners will be made on a case by case basis by the borough Court Section supervisor concerned in the event that LIVESCAN is disabled borough/citywide for an extended period of time and restoration of the system is not imminent. The supervisor at the Management Information Systems Division, Help Desk and the supervisor at the Criminal Justice Bureau will be conferred with prior to instructing personnel to ink print prisoners. It should be noted that the preferred course of action is to wait until the LIVESCAN System once again becomes operational and then fingerprint and palmprint the prisoner using LIVESCAN. BOROUGH COURT SECTION SUPERVISOR 5. Instruct desk officer/supervisor, command concerned, to ink print defendant(s) on appropriate fingerprint and palmprint charts. a. Have fingerprints and palmprint forwarded expeditiously to the borough Court Section concerned for processing. NOTE: If the On Line Booking System is disabled, instruct desk officer/supervisor concerned to have arresting/assigned officer neatly print required information on the fingerprint and palmprint charts before they are delivered to the borough Court Section concerned for processing. 6. Have Court Section personnel available and ready to process ink fingerprints and palmprints, including: a. Backing up of fingerprint and palmprint charts, and b. Transmission of those fingerprints and palmprints to Albany via the court site "Fax-4" machine. c. Transmission of those fingerprints and palmprints to the Identification Section via the court site "Fax-4" machine. DESK OFFICER/SUPERVISOR 7. Instruct arresting/assigned officer to ink print defendant(s) on appropriate fingerprint and palmprint charts. 8. Have fingerprint and palmprint charts delivered, by other than arresting/assigned officer, with a copy of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), to Borough Court Section concerned, NO LATER THAN THREE HOURS AFTER THE TIME OF ARREST. ADDITIONAL DATA Commanding officers of arresting commands and borough Court Sections must ensure that an adequate supply of materials needed to ink print defendants is readily available, including: FBI Fingerprint Charts (FD 249) New York State Fingerprint Charts (DCJS-2) CRIMINAL FINGERPRINT RECORDS (PD223-141) CRIMINAL PALMPRINT RECORDS (PD223-141a) Inquiry Charts (DCJS-6) Juvenile Charts (DCJS-4) Ink and ink rollers Ink Fingerprint Station. RELATED PROCEDURES Alternate Procedure For Arrest Number Generation As A Result Of Computer System Failure (P.G. 208-10) Arrest Processing-Livescan Fingerprinting and Palmprinting (P.G. 208-11) FORMS AND REPORTS CRIMINAL FINGERPRINT RECORD (PD223-141) CRIMINAL PALMPRINT RECORD (PD223-141a) FBI Fingerprint Chart (FD 249) Inquiry Chart (DCJS-6) Juvenile Chart (DCJS-4) New York State Fingerprint Chart (DCJS-2) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-13 Arrest Report Supplement Date Effective: 08-19-13 PURPOSE To outline those instances that require a uniformed member of the service to complete an ARREST REPORT SUPPLEMENT (PD244-157). PROCEDURE This form will be prepared by uniformed members of the service to: 1. Record additional information when there is insufficient space under "Details" on an ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). 2. Report additional details after an ON LINE BOOKING SYSTEM ARREST WORKSHEET has been prepared such as: a. Change in offense charged b. Identity of previously unidentified prisoner c. Re-arrest on a bench warrant d. Prisoner forfeits bail e. Prisoner re-arrested for same offense for which bail was forfeited f. Prisoner released on reasonable belief he did not commit the crime g. Attorney visits prisoner h. Hospitalized prisoner visited by an authorized person, (See P.G. 210-02, "Hospitalized Prisoner.") The SUPPLEMENT containing the list of all visits will be distributed when the prisoner is released from the hospital. i. Prisoner released from hospital. (If the prisoner is under eighteen include notifications to prisoner's parent or guardian and the arresting officer.) j. Hospitalized prisoner issued a DESK APPEARANCE TICKET. k. Prisoner is released to the custody of a member of the Collision Investigation Squad to permit examination of a vehicle involved in a collision which resulted in death, serious injury and likely to die, or critical injury to an individual. l. Child released from a place of detention m. Clothing removed from a homicide victim for examination at the Forensic Investigation Division n. Delineating the circumstances surrounding the additional charge of bribery, in situations where the arresting officer is not the uniformed member offered the bribe in arrest situations NOTE: In those instances when a detective squad member will add charges for offences previously recorded on a COMPLAINT REPORT to a prisoner arrested by a member of the Patrol Services Bureau, or has effected an arrest and is going to add additional charges for offenses previously recorded on a COMPLAINT REPORT (i.e.: robbery pattern, burglary pattern, etc.), the detective squad member will follow the arrest procedure in P.G. 208-74, "Arrest Processing of Persons Wanted for Multiple Incidents". When a detective squad member effects the arrest of a person with more than one outstanding indictment warrant, the detective squad member will follow the arrest procedure in P.G. 208-74, "Arrests Processing of Persons Wanted for Multiple Incidents". ADDITIONAL DATA Do not prepare an ARREST REPORT SUPPLEMENT in a case in which a prisoner's original and additional arrest charge(s) occur in different geographical boroughs prior to arraignment, OR, when the initial arrest charge is for a non-fingerprintable offense, OR, when the prisoner has been arraigned and an additional arrest charge(s) is forthcoming. In both of these cases, the member of the service filing the additional arrest charge(s) must issue a new arrest number, re-print the prisoner via LIVESCAN, and make an immediate notification to the borough Court Section supervisor concerned. RELATED PROCEDURES Hospitalized Prisoner (P.G. 210-02) Arrest Processing Of Persons Wanted For Multiple Incidents (P.G. 208-74) FORMS AND REPORTS ARREST REPORT SUPPLEMENT (PD244-157) P.G. 208-14 Arrest By Uniformed Member Outside City Date Effective: 08-19-13 PURPOSE To report an arrest effected by a uniformed member of the service outside New York City but within New York State. PROCEDURE When a uniformed member of the service effects an arrest outside New York City when not specifically assigned or ordered: UNIFORMED MEMBER OF THE SERVICE 1. Comply with arrest procedures of police agency having jurisdiction. 2. Notify Operations Unit immediately of all facts including: a. Time and date of occurrence b. Place of occurrence c. Location of uniformed member concerned at time of notification d. Manner in which member became involved e. Identity of all parties involved in incident, including local police authorities f. Complete details g. Injury to uniformed member concerned or any other person h. Identity and statements of witnesses. OPERATIONS UNIT MEMBER 3. Notify commanding officer of uniformed member concerned. 4. Direct duty captain assigned to Patrol Borough Queens North/South or Bronx, as appropriate, to respond to place of occurrence, if within residence counties, conduct investigation and have UNUSUAL OCCURRENCE REPORT (PD370-152) prepared. DUTY CAPTAIN 5. Respond to location within residence counties and conduct investigation. 6. Prepare UNUSUAL OCCURRENCE REPORT, LINE OF DUTY INJURY REPORT (PD429-154) and ACCIDENT REPORT - CITY INVOLVED (PD301-155) if required. NOTE: The Operations Unit will, based upon circumstances, determine if a duty captain will respond to an incident involving an arrest effected by a uniformed member of the service outside the residence counties. ARRESTING OFFICER'S C.O. 7. Direct desk officer to make entry in Telephone Record concerning notification of incident from Operations Unit. ARRESTING OFFICER 8. Prepare report with all pertinent information and submit to commanding officer as soon as possible. COMMANDING OFFICER CONCERNED 9. Prepare detailed report of incident for Chief of Department. 10. Notify Internal Affairs Bureau if investigation, other than in relation to sickness or injury, is required. 11. Forward detailed report with copy of arresting officer's report attached to: a. Chief of Department - direct (two copies) b. Chief of Personnel - (one copy) c. Each intermediate command - (one copy) and d. File - (one copy). FORMS AND REPORTS ACCIDENT REPORT - CITY INVOLVED (PD301-155) LINE OF DUTY INJURY REPORT (PD429-154) UNUSUAL OCCURRENCE REPORT (PD370-152) RELATED PROCEDURES Line of Duty Injury or Death Outside City in Residence Counties (P.G. 205-06) Accidents and Collisions - City Involved (P.G. 217-04) P.G. 208-15 Arrest Report Preparation At Stationhouse Date Effective: 08/01/13 PURPOSE To process an arrest at a stationhouse. PROCEDURE When a uniformed member of the service is ready to process an arrest after completing the initial appearance before the desk officer: DESK OFFICER 1. Direct arresting officer to remove prisoner to arrest processing area, or location in the stationhouse SPECIFICALLY DESIGNATED as suitable for interrogation of juveniles, as appropriate. 2. Direct arrest processing officer, if available, to assist arresting officer. NOTE: The arrest processing officer will fingerprint and palmprint prisoner (LIVESCAN) and assist the arresting officer by providing arrest-related forms, taking photographs, and conducting necessary warrant checks. Also, appropriately trained investigators of the NYS Attorney General's Office will be permitted to use the LIVESCAN, OMNIFORM and the Digital Camera Capture Station systems. ARRESTING OFFICER 3. IMMEDIATELY prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). a. Ensure that COMPLAINT REPORT (PD313-152), PROPERTY CLERK INVOICE (PD521-141), etc., case numbers are indicated. [I.O. 32 s 11] b. Indicate "yes" and the appropriate language under caption "Is interpreter needed for further investigation" on the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), if the prisoner has apparent difficulty understanding/communicating in English, regardless of whether of not further investigation is required. NOTE: If individual in custody is wanted for multiple incidents, comply with provisions of Patrol Guide procedure 208-74, "Arrests Processing of Persons Wanted for Multiple Incidents". 4. Comply with P.G. 214-07, "Cases for Legal Action Program," if applicable, which ensures that all New York City Public Housing residents who are arrested pursuant to the execution of a search warrant where contraband is recovered or arrested for a designated crime committed on the grounds of any New York City Public Housing Development are targeted for possible eviction proceedings. DESK OFFICER 5. Review for completeness and accuracy and sign ON LINE BOOKING SYSTEM ARREST WORKSHEET and return to arresting officer. ARRESTING OFFICER 6. Have arrest number generated utilizing OMNIFORM System. NOTE: To correctly collate the different types of arrests that are processed, all arrests generated in the OMNIFORM System will use one of the following Arrest Processing Types from the OMNIFORM dropdown list: • Community Court Desk Appearance Ticket • Community Court Online Arrest • Desk Appearance Ticket • Juvenile (Non Fingerprintable Offenses) • Online Arrest • Voided Arrest a. FAX completed ON LINE BOOKING SYSTEM ARREST WORKSHEET (with arrest number indicated,) to the borough court section/Assistant District Attorney, for on line arrests ONLY (videoconferencing, BLAP), in accordance with current processing procedures in each borough. 7. Have arrest processing officer fingerprint and palmprint prisoner utilizing LIVESCAN, and with the assistance of the arrest processing officer: a. Have digital photograph(s) of prisoner taken and generate Prisoner Movement Slip b. Prepare other necessary forms (e.g., COMPLAINT REPORT, PROPERTY CLERK INVOICE, etc.) c. Have any necessary warrant checks conducted. 8. Request the desk officer to have the prisoner removed to appropriate prisoner intake area based on local guidelines. a. Escorting officer must have Prisoner Movement Slip with photo and a copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET with arrest number and check digit indicated. 9. Complete any additional arrest paperwork, as necessary. 10. Have desk officer review documents for completeness and accuracy. 11. Prepare affidavit based on the county District Attorney's method of preparation. ADDITIONAL DATA TYPE OF ARREST BEING PROCESSED AND EXPLANATION: DESK APPEARANCE TICKET (DAT) COMMUNITY COURT - used when a D.A.T. is issued and returnable to Midtown Community Court or Red Hook Community Court. COMMUNITY COURT ON LINE ARREST - used when a command processes an on line arrest to be arraigned in the Midtown Community Court or Red Hook Community Court. DESK APPEARANCE TICKET - used when a command processes a DESK APPEARANCE TICKET. JUVENILE (NON FINGERPRINTABLE OFFENSES ONLY) - used to process juvenile delinquent arrests that are not fingerprintable offenses. ONLINE ARREST - used to process on line arrests, as well as all juvenile arrests that are fingerprintable (including juvenile offenders, recogs, and juveniles not eligible for recognizance). VOIDED ARREST - used when processing a voided arrest under P.G. 210-13, "Release of Prisoners." Regardless of whether the arrest package has been previously forwarded, the prisoner must be delivered to the borough court section facility expeditiously. Delays of more than five hours from time of arrest for lineups, prisoner debriefing, prisoner medical attention, etc., will be reported by telephone to the appropriate borough court section. RELATED PROCEDURES Arrests - Removal To Department Facility For Processing (P.G. 208-02) Arrest - General Processing (P.G. 208-03) Arrest - General Search Guidelines (P.G. 208-05) Arrests - Security Measures (P.G. 208-06) Alternate Procedure for Arrest Number Generation as a Result of Computer Failure (P.G. 208-10) Alternate Procedure for Fingerprint and Palmprint Processing Due to Computer System Failure (P.G. 208-12) Arrests – License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk (P.G. 208-21) Arrest Processing of Persons Wanted for Multiple Incidents (P.G. 208-74) Hospitalized Prisoners – Arrests by Members of Other Police Agencies (P.G. 210-03) Release of Prisoners (P.G. 210-13) Cases for Legal Action Program (P.G. 214-07) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) DESK APPEARANCE TICKET P.G. 208-16 Arrest Processing Indicators Date Effective: 08/01/13 PURPOSE To standardize the obtaining of arrest processing time-stamps throughout the Department. PROCEDURE When a uniformed member of the service effects an arrest that will be processed "on line," i.e., a court affidavit will be prepared and the prisoner is to be arraigned expeditiously: ARRESTING OFFICER 1. Prepare PRE-ARRAIGNMENT NOTIFICATION FORM (PD244-153). DESK OFFICER/COURT SUPERVISOR 2. Obtain the following time-stamps, depending on how the court affidavit is prepared: a. AT THE DISTRICT ATTORNEY'S COMPLAINT ROOM (1) Using the PRE-ARRAIGNMENT NOTIFICATION FORM, time-stamp: (a) Box 1, captioned "A/O sign in," when the arresting officer is present at the Complaint Room (b) Box 3, captioned "Complaint Sworn," when the court affidavit is signed by the arresting officer. b. USING VIDEO TELECONFERENCING OR USING LOCAL ARREST PROCESSING (LAP) TELEPHONE INTERVIEW (1) Using the PRE-ARRAIGNMENT NOTIFICATION FORM time-stamp: (a) Box 1, captioned "A/O sign in," when the arresting officer is ready to be interviewed by the Assistant District Attorney NOTE: This will be done immediately before the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) is faxed to the Complaint Room. (b) Box 3, captioned "Complaint Sworn," when the court affidavit is signed by the arresting officer. c. QUEENS COURT AFFIDAVIT PREPARATION SYSTEM (CAPS) (1) Using the PRE-ARRAIGNMENT NOTIFICATION FORM time-stamp: (a) Box 1, captioned "A/O sign in," when the arresting officer is ready to prepare the court affidavit at the CAPS room (b) Box 3, captioned "Complaint Sworn," when the court affidavit is signed by the arresting officer. d. TRANSIT BUREAU FAX PROGRAM (1) Using the PRE-ARRAIGNMENT NOTIFICATION SUPERVISOR FORM, time-stamp: (a) Box 1, captioned "A/O sign in," when the arresting officer has completed the supporting deposition and other related paperwork (b) Box 3, captioned "Complaint Sworn," will be time-stamped by the Transit Liaison Officer, when the court affidavit is signed by the arresting officer at the Complaint Room. e. USING A SUPPORTING DEPOSITION (VENDOR, PROSTITUTION, ETC.) (1) Using the PRE-ARRAIGNMENT NOTIFICATION FORM, time-stamp: (a) Box 1, captioned "A/O sign in," when the arresting officer has completed the supporting deposition (b) Box 3, captioned "Complaint Sworn," will be time-stamped by Court Section personnel, when either the supporting deposition, which acts as an affidavit is received, or an affidavit, which is typed from a supporting deposition, is signed by the Court Section supervisor. 3. In ALL arrest cases (EXCEPT Video Conferencing or Local Arrest Processing (LAP) Telephone Interview cases), have the PRE-ARRAIGNMENT NOTIFICATION FORM delivered to the borough Court Section with the arrest package for time-stamp entry into the On Line Prisoner Arraignment (OLPA) system by Court Section personnel. a. In Video Conferencing or Local Arrest Processing (LAP) Telephone Interview cases, the PRE-ARRAIGNMENT NOTIFICATION FORM must be faxed, along with the signed affidavit, to the Complaint Room at completion of arrest processing. NOTE: In the case where an arresting officer is rescheduled to the 2nd Platoon to complete the court affidavit, i.e., the District Attorney's Complaint Room is closed, the desk officer/command supervisor concerned must write "RESCHEDULED" on the PRE-ARRAIGNMENT NOTIFICATION FORM in the caption marked "ADDITIONAL COMMENTS." FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PRE-ARRAIGNMENT NOTIFICATION FORM (PD244-153) P.G. 208-17 Change In Arrest Charges Date Effective: 08/01/13 PURPOSE To update Department records when the original charge is subsequently changed. PROCEDURE When a change of charge on a prisoner previously arrested is indicated: ARRESTING OFFICER 1. Notify desk/booking officer. DESK/BOOKING OFFICER 2. Correct original copy of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) if not yet forwarded. 3. Prepare ARREST REPORT - SUPPLEMENT (PD244-157) if ON-LINE BOOKING SYSTEM ARREST WORKSHEET was forwarded. 4. Show the change in degree of the crime and the reason for the change. 5. Forward the original ARREST REPORT - SUPPLEMENT to Data Integrity Unit. 6. File the yellow copy with precinct copy of ON-LINE BOOKING SYSTEM ARREST WORKSHEET. 7. Deliver pink copy to arresting officer. 8. Report the facts concerning the change in the degree of the crime on COMPLAINT FOLLOW-UP (PD313-081). 9. Instruct the arresting officer, if assigned to a precinct other than the precinct of arrest, to notify his immediate supervisor of the change. FORMS AND REPORTS ARREST REPORT SUPPLEMENT (PD244-157) COMPLAINT FOLLOW-UP (PD313-081) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-20 Turnover" Arrests Date Effective: 08/01/13 PURPOSE To assign a uniformed member of the service to prepare arrest paperwork, criminal court complaints and process an arrest through the court system for an arrest made by another uniformed member of the service. SCOPE An assigned officer may be designated in the following circumstances: a. Injury to arresting officer b. Arrest by an off-duty member c. DESK APPEARANCE TICKET (PD260-121) d. Arrest for other authorities e. Delegated arrest on a warrant f. Mass arrests at demonstrations, details or disorders g. Arrest by a civilian, except as provided by P.G. 208-04, "Arrest By A Civilian" h. Family Court Arrests i. Order of Protection j. Other circumstances, when directed by a uniformed supervisor. PROCEDURE When an arrest is to be processed as a "turnover" arrest: ARRESTING OFFICER 1. Follow appropriate arrest processing guidelines. DESK OFFICER/PATROL/DETAIL SUPERVISOR 2. Determine if arrest is to assigned to another uniformed member of the service. NOTE: Supervisors should identify the arresting officer at the earliest opportunity and make an entry in their ACTIVITY LOG (PD112-145) after approving the arrest. 3. Designate an assigned officer. NOTE: An assigned officer may be designated by a patrol supervisor, desk officer or other ranking officer in charge of a detail. Under no circumstances may an arresting officer turn over an arrest to another officer without the knowledge and approval of a supervisor. DESK OFFICER 4. Make Command Log entry indicating: a. Identification of arresting officer b. Identification of assigned officer c. Details of arrest concerned d. Whether or not the assigned officer has re-interviewed the civilian complainant, and any necessary civilian witnesses. NOTE: When an arresting officer is authorized by a supervisor to turn over an arrest, the assigned officer must personally re-interview a civilian complainant and any necessary civilian witnesses, in order to prevent double "hearsay" and to prepare a criminal complaint. DESK OFFICER 5. Assign a uniformed member of the service to provide transportation to civilian(s) for re-interview, if possible. ASSIGNED OFFICER 6. Re-interview civilian complainant and any necessary civilian witnesses. 7. Immediately notify a supervisor and comply with P.G. 207-09, "Follow-Up Investigation Of Complaints Already Recorded," if new information or a discrepancy arises concerning the offense(s) charged. DESK OFFICER/PATROL/COURT SECTION SUPERVISOR 8. Ensure that re-interview has been conducted prior to arresting officer being assigned to other duties. NOTE: When completing the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) assigned officers should be directed to check "YES" on line 5 (Officer Assigned) caption, and print the arresting officer's information on lines 1, 2, and 31. ADDITIONAL DATA Testimony in court must offer only the facts accurately presented under oath. The outcome of a criminal case may be determined by the thoroughness of the police investigation, the constitutionality of the arrest, and the accurate presentation of oral testimony and physical evidence by the arresting officer or assigned officer. All questions should be answered to the best of a member's recollection, without embellishment or volunteering personal opinions or conclusions. The Department's reputation for veracity is based upon each member's total adherence to the highest standards of truthfulness. Violations of this policy will be the subject of criminal prosecution and internal disciplinary procedures. RELATED PROCEDURES Follow-Up Investigation Of Complaints Already Recorded (P.G. 207-09) Arrest By A Civilian (P.G. 208-04) Arraignment (P.G. 211-02) Duties And Conduct In Court (P.G. 211-11) FORMS AND REPORTS ACTIVITY LOG (PD 112-145) DESK APPEARANCE TICKET (PD 260-121) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD 244-159) P.G. 208-21 Arrests - License Checks, Warrant Name Checks And Notifications To The Organized Crime Control Bureau Field Operations Desk Date Effective: 08/01/13 ARRESTING OFFICER/ARREST PROCESSING OFFICER 1. Comply with the provisions of (P.G. 208-02), "Arrests - Removal to Department Facility for Processing," P.G. 208-03, "Arrests - General Processing," P.G. 208-15, "Arrest Report Preparation at Stationhouse" and the following: LICENSE CHECKS THROUGH FINEST USING "D.A.L.L." FORMAT To strengthen the prosecution of auto larceny cases, all uniformed members of the service perform a license check through FINEST, using the "D.A.L.L." format, on all defendants arrested for the following: a. Driving a stolen vehicle, OR b. Driving an auto with an altered vehicle identification number (V.I.N.), OR c. Possession of stolen license plates. WARRANT NAME CHECKS Prior to releasing a prisoner who is being issued a DESK APPEARANCE TICKET at the precinct of arrest/designated arrest facility, a warrant name check of local/state/federal files will be conducted in accordance with P.G. 208-22, "Performing Local, State and Federal Warrant Checks." If prisoner is released at precinct of arrest/designated arrest facility, attach Automated Database for Warrants (ADW) and Message Switching System (MSWS) print-outs to file copies of arrest papers. If prisoner is removed to borough court section facility, attach these print-outs to the prisoner's arrest papers. If Department Local Area Network (LAN) terminal is inoperative, request the patrol borough to conduct the checks. Should the borough terminal also be inoperative, an adjoining precinct/designated arrest facility will be requested to conduct these checks. If the entire LAN system is out of service for more than twenty minutes, the Central Warrant Unit will be requested by telephone to process and supply the necessary checks. NOTIFICATION TO THE ORGANIZED CRIME CONTROL BUREAU FIELD OPERATIONS DESK BY OTHER COMMANDS/UNITS EFFECTING AN ARREST WHEN A SPECIFIED CONDITION EXISTS When an arrest(s) is made for an offense AND any of the following conditions exists: a. The debriefing of a defendant by Organized Crime Control Bureau (OCCB) personnel would be beneficial (e.g., subject arrested for shoplifting has knowledge of a heroin supplier or individual is arrested for smoking marihuana who has information on guns being brought into the City for sale from out of state) OR b. A follow-up investigation by OCCB personnel is necessary (e.g., subject arrested by patrol for misdemeanor possession of a controlled substance has knowledge of a location from which crack cocaine is being sold or patrol effects an arrest for auto stripping and the defendant has information on a chop shop) OR c. The expertise of OCCB is needed to enhance the prosecution of the case (e.g., patrol recovers policy (betting) slips that requires the counting of bets waged to determine the proper charges or the check of a confidential VIN is required to determine the true owner of a vehicle.) 2. Notify the OCCB Field Operations Desk via telephone, twenty-four hours/seven days a week, as required above. NOTE: The OCCB Field Operations Desk MUST be notified of ALL controlled substance arrests and ALL marihuana arrests for the following charges: a. Criminal possession of a controlled substance first degree (P.L. 220.21), second degree (P.L. 220.18), and third degree (P.L. 220.16) b. Criminal sale of a controlled substance in the first degree (P.L. 220.43), the second degree (P.L. 220.41), and the third degree (P.L. 220.39) c. Criminal sale of a controlled substance in or near school grounds (P.L. 220.44) d. Criminal possession of marihuana in the first degree (P.L. 221.30) or second degree (P.L. 221.21) e. Criminal sale of marihuana in the first degree (P.L. 221.55) or second degree (P.L. 221.50). 3. Provide the pertinent details of arrest and circumstances requiring conferral from the OCCB Division concerned. 4. Make record of the notification in the "Narrative" section of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), including date, time and rank/name of person notified at OCCB. 5. Be guided by OCCB Field Operations Desk personnel. DESK OFFICER 6. Ensure arresting officer has made required notification to OCCB Field Operation Desk as indicated above. 7. Make Command Log entry of notification details. NOTE: if any question exists as to whether or not a notification must be made, always make the notification. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) DESK APPEARANCE TICKET RELATED PROCEDURES Arrests - Removal to Department Facility for Processing (P.G. 208-02) Arrest - General Processing (P.G. 208-03) Arrest - General Search Guidelines (P.G. 208-05) Arrests - Security Measures (P.G. 208-06) Arrest Report Preparation at Stationhouse (P.G. 208-15) Performing Local, State and Federal Warrant Checks (P.G. 208-22) P.G. 208-22 Performing Local, State And Federal Warrant Checks Date Effective: 08-01-13 PURPOSE To assess an individual's fugitive status. PROCEDURE Whenever it is necessary to conduct a warrant check through a Department Local Area Network (LAN) computer. MEMBER CONCERNED 1. Conduct a local level warrant name check by accessing the application, Automated Database for Warrants (ADW), on any Department LAN computer as follows: a. Select the ADW icon b. Enter tax number when prompted c. Select "Name Search" under "Queries" d. Select "Exact Name" under "Search Type" e. Enter name of individual in the box provided f. Select the proper "Sex" and "Race" from the application "drop down" boxes g. Enter the date of birth, formatted as mm/dd/yyyy h. Select "Tables to Search" and chose "Warrant," "I-Card" and "Recidivist" i. Depress the "OK" button. 2. Conduct further inquiry via ADW, if name check provides an exact pedigree match with New York State Identification (NYSID) number attached, as follows: a. Select "Queries" b. Select "NYSID Search" c. Enter the complete NYSID number in the prompt box d. Select "Tables to Search" and choose "Warrant," "I-Card" and "Recidivist" e. Depress the "OK" button. NOTE: If the ADW response displays the name of the subject of prisoner as entered, and is followed by pedigree information on the name, which includes "Matching date of birth," NYSID number and/or docket number, if any, and an OCA # appears, this is an indication of a "POSSIBLE WARRANT" OR "HIT." This information is related to an open investigation or criminal history on a subject identified as a recidivist or target narcotic violator. 3. Conduct a search of the state and federal warrant files, if necessary, as follows: a. Access the FINEST MESSAGE SWITCHING SYSTEM (MSWS) mode via Management Information System (MIS) (Password Required). NOTE: This function is performed by typing MIS and then pressing the ENTER key. The MIS log will then be displayed on the screen. Press CLEAR key. Type MSWS and press ENTER key. FINEST logo will then be displayed. Fill in TAX # and "authorized" PASSWORD. Press ENTER key. Main Menu will then be displayed. Select the caption NYSPIN INFORMATION FUNCTIONS by typing "X" in the left margin on line with function of choice, then Press ENTER key. Sub-menu appears. Select WINQ (state and federal warrant inquiry) by typing "I" in left margin, on line with function of choice, then press ENTER key. b. Enter the data required on the line titled "WINQ" formatted as follows: (1) Name Field - Last Name, First name (space), Middle initial (2) DOB - date of birth must be six digits Example: 01 01 51 Mo. Day Yr. (3) Sex - Male = M; Female = F (4) Race - White = W; B = Black, etc. c. Obtain response to the WINQ request by pressing the PF 24 key to display message on the screen NOTE: In the upper left portion of the screen, Messages: # Total: # will be displayed. The number in the message box represents the number of messages that can be accessed from WINQ. The Total: # includes messages from other sub-menu functions. d. Utilize PF14 key to go to the next page of the message, if response is multi- page (i.e., page 1 of 10) (1) All the pages of the message must be viewed. e. Print messages by pressing the INDENT key to printout contents on the screen. NOTE: PF keys may be different on LAN terminals. IF OCA # DESIGNATION BEGINS WITH THE LETTER "Q": NOTE: OCA # designation that begins with the letter "Q" are not warrants and this designation does not permit a hold on the subject unless other charges are made. These "Q" designations require a notification to the originator as displayed on the screen. 4. Notify originator concerned, as follows: a. Q652000 series is a MISDEMEANOR RECIDIVIST. ORIGINATOR: Boro/ECAB (Complaint Room/ADA). NOTE: This notification is intended to identify career misdemeanants and secure their immediate arraignment. It is designed to vigorously prosecute misdemeanor defendants with a substantial record of previous arrests and convictions, coupled with a history of failure to appear in court. NO DESK APPEARANCE TICKETS WILL BE ISSUED TO DEFENDANTS IDENTIFIED AS MISDEMEANOR RECIDIVISTS. b. Q653000 series is a NYC FIREARM VIOLATOR. ORIGINATOR: NITRO UNIT concerned. (1) Notify Narcotics Division, Borough NITRO Unit concerned if firearms arrest has an additional felony narcotic arrest. NOTE: These notifications are necessary when any person is arrested and a firearm is involved (used or possessed). c. Q654000 series is an ARMED CAREER CRIMINAL. ORIGINATOR: OCCB/ATF JOINT FIREARMS TASK FORCE. (1) An automatic notification, via FINEST System, to the Organized Crime Control Bureau/Bureau of Alcohol, Tobacco and Firearms Joint Firearms Task Force is initiated in these cases. NOTE: Persons in custody, who are categorized with a "Q" letter designation, will not be eligible to receive a DESK APPEARANCE TICKET (see P.G. 208-27, "Desk Appearance Ticket - General Procedure"). IF OCA # DESIGNATION BEGINS WITH THE LETTER "X": NOTE: OCA # designations that begins with the letter "X" are not warrants and this designation does not permit a hold on the subject unless other charges are made. These "X" designations require a notification to the Borough NITRO Unit concerned. This notification is intended to coordinate, develop, maintain and disseminate narcotics intelligence information. The NITRO Unit concerned will issue appropriate instructions. 5. Notify Borough NITRO Unit concerned (I.E., Central, Bronx, Brooklyn North, Brooklyn South, Manhattan North, Manhattan South, Queens, Staten Island, or the Organized Crime Control Bureau, Field Operations Desk between 2400- 0800 hours), if OCA # designations are preceded by the letter "X". NOTE: Persons in custody who are categorized with an "X" letter designation will not be eligible to receive a Desk Appearance Ticket. IF OCA # DESIGNATION BEGINS WITH THE LETTER "I": NOTE: OCA # designations that begin with the letter "I" are not warrants and this designation does not permit a hold on the subject unless other charges are made. These "I" designations require a notification to the Criminal Intelligence Section which is made to insure that the detective/investigator originating the "I" investigation is notified when the subject under investigation is arrested. Arresting officer should make every effort to notify Detective Squad concerned immediately. 6. Notify Criminal Intelligence Section, if OCA # designations are preceded by the letter "I." MEMBER CONCERNED, CRIMINAL INTELLIGENCE SECTION 7. Confirm "HIT." 8. Issue appropriate instructions as per P.G. 208-23, "Computerized Investigation Card System." NOTE: WARRANTS Warrants are issued ORIGINATING CASE AGENCY (OCA) SERIAL NUMBERS by the Warrant Section to identify the warrant as follows: LETTER Designates the TYPE OF WARRANT and COURT OF ISSUANCE. Followed by YEAR. YEAR Designates the year issued. Followed by NUMBER. NUMBER Indicates the BOROUGH DESIGNATION of the court and is followed by an additional/sequential number. Borough Designation # Manhattan - 1, Brooklyn - 2, Bronx - 3, Queens - 4, Richmond - 5 An example of an OCA # follows: OCA # R9710001 R --> Supreme Court/Bench Warrant 97 --> Year of Issuance 1 --> Manhattan 0001 --> The first Supreme Court/Bench Warrant issued in Manhattan during the year 1997. The following is a list of the OCA # letter designations indicating WARRANT TYPE and COURT OF ISSUANCE: LETTER VERIFICATION A C.R.I.M.S. B C.R.I.M.S. C C.R.I.M.S. D C.R.I.M.S. E C.R.I.M.S. F C.R.I.M.S. H Court TYPE OF WARRANT COURT Summons Criminal Court Summons/Unclassified Criminal Court MISD Bench Warrant/MISD. Criminal Court Bench Warrant/FELONY Criminal Court Arrest Warrant Criminal Court Arrest Warrant Supreme Court P.I.N.S. Family Court Family J Court K C.R.I.M.S. N Court P C.R.I.M.S. R C.R.I.M.S. S WD/T.I.U. T Court V C.R.I.M.S. W Court Y WD/T.I.U. Z WD/T.I.U. Q Concerned X I Intelligence Juvenile Delinquent Family Court Family Bench Warrant/Violation Criminal Court Abuse/Neglect Family Court Violation Probation Supreme Court Bench Warrant Supreme Court Parole Violator Dept. of Parole Training School Div. for Youth Fac Bench/FEL vs Person Criminal Court Support Family Court Material Witness D.A. Office Fugitive Warrant F.O.A. Recidivist Not a warrant Notify Unit Narcotic Violator Investigation Not a warrant Not a warrant Criminal Family Family Family NITRO Section/Det. Squad Concerned After conducting ADW search and the inquiry reveals an OCA # designation preceded by the letter A, B, C, D, F, H, J, K, N, P, R, S, T, V, W, Y, or Z, this is an indication of POSSIBLE WARRANTS and is not sufficient authority for arrest. MEMBER CONCERNED 9. Conduct an OCA # inquiry by accessing the application ADW, on any Department LAN as follows: a. Select the ADW icon and enter tax number at the sign in prompt b. Reference "Queries" at the top of the screen c. Select "OCA Number Search" d. Enter the complete OCA number in the "Search for" box e. Under "Tables to Search" select "Selected Tables" and "Warrant" f. Depress the "OK" button NOTE: This search will provide the entire warrant data on the specific warrant OCA # as required. IF OCA # DESIGNATION BEGINS WITH THE LETTER A, B, C, D, E, F, K, P, R, V, Y OR Z (CRIMINAL COURT OR SUPREME COURT WARRANTS): 10. MUST conduct a further inquiry via Criminal Record Information and Management System (C.R.I.M.S.) court computer application, which will provide "the last status of the warrant." NOTE: Family Court and Parole Warrant status cannot be verified utilizing the Criminal Record Information and Management System (C.R.I.M.S.) court computer application. If ADW search indicates letter designations H, J, N, T, or W, these are Family Court warrants and require verification from the Family Court concerned (i.e., Manhattan, Brooklyn, Bronx, Queens and/or Staten Island). A docket number is needed. Telephone verifications are to be done during Family Court business hours, 0900 to 1700 hours, Monday through Friday. "J" (Juvenile Warrants) can be verified by contacting Youth Records (Real Time Crime Center). If ADW search indicates letter designation "S," this is a Parole Warrant and must be verified by the Warrant Section, Telephone Inquiry Unit or through the NYS Division of Parole. TO GAIN ACCESS TO C.R.I.M.S. FOR WARRANTS VERIFICATIONS: NOTE: C.R.I.M.S. is controlled by the N.Y.S. Office of Court Administration. User access is granted by the state and members can apply for access via NYS Unified Court System CRIM Application Security Request For NON-UCS Personnel (Form UCS-SEC-1 CRIM) by contacting the NYS Office of Court Administration. 11. Go to Host-On-Demand. a. Double-click on the OCA icon. 12. Type in: a. User Name b. Password NOTE: As you type in PASSWORD, it will not appear on screen. 13. Press ENTER (OCA/CICS Application screen appears). 14. Choose: a. CRIM - (to search for cases in Criminal Court) b. CRMS - (to search for cases in Supreme Court) c. Press enter. 15. Enter the county you wish to search (must use county name, e.g., "Kings" for Brooklyn). a. Press enter. NOTE: The C.R.I.M.S. system can only be searched by county/borough. This program does not search citywide. 16. Type in Docket #, or Arrest #, or NYSID #. 17. Press ENTER. NOTE: IMPORTANT HELPFUL KEYS - ENTER key (advances page); PF 5 key (scrolls back); PF 4 key (retrieves APPLICATION ID screen used to access other boroughs); PF 3 key (retrieves IDENTIFIER screen). The primary purpose of conducting this inquiry is to verify the status of warrants. In an effort to ensure that the information in C.R.I.M.S. is interpreted properly, a list of court dispositions that indicate a warrant has been ordered on the defendant's last court appearance has been complied as follows: CRIMINAL COURT Abbreviation Literal Meaning W.O. B.F.W.O. C.W.O. P.R.W.O. Warrant Ordered Bail Forfeited, Warrant Ordered Complaint and Arrest Warrant Ordered Parole Revoked, Warrant Ordered SUPREME COURT S.I.A.W.O. T.C.A.W.O. T.F.G.I.A.W.O. Sentence Imposed in Absentia, Warrant Ordered Trial Conducted in Absentia, Warrant Ordered Tried and Found Guilty in Absentia, Warrant Ordered ADDITIONAL DATA If C.R.I.M.S. response to inquiry indicates "NO PUBLIC RECORD" or "PURGED CASE" on an "A" or "B" warrant (summons) or "C" warrant (misdemeanor), the warrant has been VACATED. If same response on any other warrant, verify with the court of issuance. If a response indicates "NO RECORD FOUND," make inquiry with NYSID #, if available. Additional C.R.I.M.S. instructions are provided in the C.R.I.M.S. Manual BM 633 (10-92) Court Computer Program for Warrant Verification. Where any doubt exists, a verification should be made directly from the court records or if unable to determine warrant status via C.R.I.M.S. at the precinct level or if there are any operational questions, contact the Warrant Section, Telephone Inquiry Unit. Provide Telephone Inquiry Unit member concerned with: arresting officer's name, shield #, tax registry #, call back telephone number, name of subject, subject's date of birth, warrant OCA #, docket # (if available) and NYSID # (if any). THIS INQUIRY IS TO BE MADE ONLY AFTER A NAME CHECK VIA ADW IS PERFORMED AT A PRECINCT/COMMAND. If Department Local Area Network (LAN) terminal is inoperative, request the patrol borough to conduct the checks. Should the borough terminal also be inoperative, an adjoining precinct/designated arrest facility will be requested to conduct these checks. If the entire LAN system is out of service for more than twenty minutes, the Central Warrant Unit will be requested by telephone to process and supply the necessary checks. If system functional problems are encountered, contact the Management Information Systems Division, Help Desk. RELATED PROCEDURES Computerized Investigation Card System (P.G. 208-23) Desk Appearance Ticket - General Procedure (P.G. 208-27) P.G. 208-23 Computerized Investigation Card System Date Effective: 08-01-13 PURPOSE To ensure that an investigator originating an INVESTIGATION CARD (PD373-163), commonly referred to as I-CARD, is notified when the individual named in INVESTIGATION CARD comes into contact with the police. PROCEDURE When processing an arrest or conducting an investigation in non-arrest situations: ARREST SITUATIONS ARRESTING OFFICER 1. Follow appropriate arrest processing guidelines. 2. Determine if the prisoner is wanted as the result of an INVESTIGATION CARD having been filed. a. WNAM – search by name and DOB and by ALL "alias" names and dates of birth. b. WNYS – search by prisoner's NYSID number if known. (This inquiry may show prisoner is wanted under different name). NOTE: Arresting officers MUST ENSURE that prisoners who are wanted as the result of being named on an INVESTIGATION CARD are immediately identified, and the required notifications are made, and appropriate actions are taken. Therefore, the computer inquiries described in step "2" MUST be performed for EVERY prisoner regardless of whether the prisoner is charged with a felony, misdemeanor, violation or traffic infraction; and, regardless of whether the prisoner will be detained until arraignment, or released after being issued a Desk Appearance Ticket or Universal Summons. If a "hit" is revealed, such "hit" will be circled on the FINEST printout. The caption "Search Completed" will also be circled and signed by the FINEST operator. If there is "no hit," the words "no hit" will be entered adjoining the same caption. If the FINEST system exhibits the prisoner's name followed by an OCA number that begins with the letter "I", the member conducting the inquiry will record the number, clear the screen, enter "INIQ/I" and the nine digit number that follows the letter "I". The arresting officer will telephone the Criminal Intelligence Section and notify the member on duty thereat. The Criminal Intelligence Section will confirm the "hit" and issue appropriate instructions. 3. Make an ACTIVITY LOG (PD112-145) entry regarding the information obtained regarding the INVESTIGATION CARD "hit"; and, include the name of the Criminal Intelligence Section member contacted, and the command originating INVESTIGATION CARD. CRIMINAL INTELLIGENCE SECTION MEMBER 4. Verify INVESTIGATION CARD "hit"; and, provide the arresting officer with the following information: a. The involved offense; and, b. Whether the individual is listed as a "Perpetrator" or "Suspect" or "Witness"; and, c. All other relevant information and instructions that were listed on the INVESTIGATION CARD by the assigned investigator. 5. Record name, shield number and command of arresting/notifying officer. 6. Notify detective borough "wheel" of details of INVESTIGATION CARD "hit"; and, the name and command of investigator who submitted INVESTIGATION CARD and, the name, tax number and command of member of the service confirming INVESTIGATION CARD "hit"; and, location of the individual; and, that the individual is under arrest for an offense. 7. Record name and tax number of detective borough "wheel" receiving notification. INDIVIDUAL IS NOT UNDER ARREST FOR AN OFFENSE MEMBER CONCERNED 8. Comply with steps "2" and "3", and the "NOTE" following step "2". 9. Telephone the Criminal Intelligence Section and: a. Confirm the INVESTIGATION CARD "hit". b. Advise the Criminal Intelligence Section member that the individual named in the INVESTIGATION CARD is not under arrest for an offense. c. Obtain information regarding the involved offense and whether the individual is listed as a "Perpetrator" or "Suspect" or "Witness" on the INVESTIGATION CARD. d. Obtain all other relevant information and instructions that were listed on the INVESTIGATION CARD by the assigned investigator. 10. If the individual named on the INVESTIGATION CARD is described as "Perpetrator - Probable Cause To Arrest", then detain the person and obtain instructions from the appropriate authority, (e.g., investigator, investigative supervisor, detective captain.) 11. If the individual named on the INVESTIGATION CARD is described as "Suspect Only - No Probable Cause To Arrest", then: a. DO NOT handcuff or otherwise physically restrain the individual; and, b. Inform the individual he/she is free to leave at any time; and, c. If possible, comply with the instructions provided by the investigator in the "Specific Instructions for Apprehending Officers" caption box of the INVESTIGATION CARD; and, d. If applicable, attempt to get the individual to voluntarily consent to remain until an investigator arrives. 12. If the individual named on the INVESTIGATION CARD is described as "Witness", then: a. Do NOT handcuff or otherwise physically restrain the individual; and, b. Inform the individual he / she is free to leave at any time; and, c. If possible, comply with the instructions provided by the investigator in the "Specific Instructions for Apprehending Officers" caption box of the INVESTIGATION CARD; and, d. If applicable, attempt to get the individual to voluntarily consent to remain until an investigator arrives NOTE: When an individual is not under arrest for an offense, the existence of an INVESTIGATION CARD identifying the individual as a "Suspect" or "Witness" is insufficient authority to arrest or involuntarily detain the individual. However, the individual may voluntarily consent to remain. 13. Make ACTIVITY LOG entry of information received on the INVESTIGATION CARD "hit." 14. Notify desk officer of INVESTIGATION CARD "hit" and all pertinent facts. CRIMINAL INTELLIGENCE SECTION MEMBER 15. Verify INVESTIGATION CARD "hit"; and, provide the member concerned with the following information: a. The involved offense; and, b. Whether the individual is listed as a "Perpetrator" or "Suspect" or "Witness"; and, c. All other relevant information and instructions that were listed on the INVESTIGATION CARD particularly the information and instructions that were entered in the "Specific Instructions for Apprehending Officers" caption box of the INVESTIGATION CARD. 16. Record name, tax number and command of member confirming INVESTIGATION CARD "hit"; and, the location of the individual. 17. Notify detective borough "wheel" of details of INVESTIGATION CARD "hit"; and, the name and command of investigator who submitted INVESTIGATION CARD; and, the name, tax number and command of member of the service confirming INVESTIGATION CARD "hit"; and, location of the individual; and, that the individual is NOT under arrest for an offense. 18. Record name and tax number of detective borough "wheel" receiving notification. DESK OFFICER/COUNTERPART 19. If the individual named on the INVESTIGATION CARD is listed as "Witness" or "Suspect Only - No Probable Cause To Arrest", unless specifically informed by the Criminal Intelligence Section that the person in question is to be arrested, then: a. Ensure that the individual is NOT handcuffed or otherwise physically restrained; and, b. Ensure that the individual is informed that he / she is free to leave at any time; and, c. Ensure that, if possible, the instructions provided by the investigator in the "Specific Instructions for Apprehending Officers" caption box of the INVESTIGATION CARD are performed; and, d. Ensure that, if applicable, an attempt is made to get the individual to voluntarily consent to remain until an investigator arrives. FORMS AND REPORTS ACTIVITY LOG (PD112-145) INVESTIGATION CARD (PD373-163) P.G. 208-24 Identification Lineups/Showups Date Effective: 08/01/13 PURPOSE To ensure fair and proper proceedings when lineup/showup identifications are conducted. DEFINITION IDENTIFICATION LINEUP - Placing of criminal suspect in lineup with at least five other persons for purpose of identification by victim or witnesses. IDENTIFICATION SHOWUP - Prompt, on-the-scene presentation of a suspect singly, in a one-to-one display, to an identifying witness, for expeditious identification and/or early release of an innocent suspect. PROCEDURE When a criminal suspect in police custody is to be placed in an identification lineup at stationhouse or other place of confinement: UNIFORMED MEMBER OF THE SERVICE 1. Resolve any doubt concerning need for, or legality of, conducting a lineup or showup by conferring with patrol supervisor/desk officer. NOTE: Suspect must be arrested before being forced to appear in a lineup. However, an arrest is not necessary if the suspect voluntarily consents to appear in a lineup. Identification procedures ordinarily are not necessary where the witness/victim and the perpetrator are known to each other, including relatives or other close acquaintances OR the perpetrator is apprehended by a police officer in the act of committing the crime. 2. Give suspect Miranda warnings, if he/she is to be interrogated before, during or after lineup. 3. Inform suspect that he/she will appear in lineup for purpose of identification in connection with a crime. 4. Do not advise suspect of the right to an attorney. 5. Inform suspect that he/she does not have a right to a lawyer if an attorney is requested for the lineup. NOTE: Prior to conducting lineup, detective supervisor concerned or a qualified supervisor of an investigative unit will be consulted and will personally supervise the entire procedure and ensure that LINEUP REPORT (PD373-141) is completed. 6. Permit an attorney who is present at the site of a lineup to observe manner in which lineup is conducted. a. Attorney may observe lineup from room where it is conducted or from any place where he/she cannot be observed. 7. Inform an attorney who contacts the police and states that he/she represents the suspect and that he/she wishes to be present when lineup is conducted, that the lineup will be delayed for a reasonable time to permit him/her to appear. NOTE: When determining what is a reasonable delay, the uniformed member conducting the lineup should consider whether the delay would result in a significant inconvenience to the witness OR would undermine the substantial advantages of a prompt identification. 8. Do not permit attorney to talk to witnesses participating in the identification of the suspects. 9. Inform attorney that suggestions concerning the lineup should be directed to the officer conducting the lineup. 10. Do not permit attorney to interfere when conducting a lineup. a. The uniformed member conducting the lineup may consider suggestions of the attorney to improve the fairness of the lineup if suggestions are reasonable and practical. DETECTIVE SUPERVISOR 11. Ensure lineup is conducted properly. 12. Have witnesses interviewed separately, prior to lineup. a. Obtain and record description of suspect. 13. Take precautions to prevent persons participating in lineup from being seen by witnesses prior to lineup. 14. Record the following: a. Details of procedure utilized b. Specific utterances of any person, e.g., speaking words used at crime scene c. Actions of participants required to facilitate identification, e.g., trying on clothing, etc. d. Responses or statements made by witnesses e. Names, addresses/commands of all persons present including police and other officials. 15. Prepare diagram with circles to represent position of each person in lineup. a. Instruct witness not to comment on recognition but indicate circle which represents person recognized. 16. Mark and retain diagram after identification. 17. Have suspect viewed with at least five other persons who are unknown to witness. 18. Conduct separate lineup for each suspect apprehended. a. Use different fillers in each lineup. 19. Select lineup participants as follows: a. Same sex and race as suspect. b. Approximately same age, height and physical makeup as suspect: (1) If minors under eighteen years of age are recruited as non-suspect lineup participants: (a) Obtain written permission of parent or legal guardian on CONSENT FORM - NON-SUSPECT MINOR (PD 377-030), using English or Spanish version, as appropriate, prior to lineup. (b) Institute measures to isolate minors from harmful influences in area of lineup. (c) Have precinct youth officer present, if possible. (d) Prevent photographs of lineup from being used for purposes other than evidence. c. Similarly clothed. (1) Prevent wearing of any distinctive part of police uniform by police participants. (2) Cover unusual or distinctive clothing worn by suspect. d. Caution non-suspect participants against indicating position of suspect. e. Permit suspect to select position in lineup or, if refused, place suspect in fair position. 20. Prevent interrogation of suspect while being viewed by witness. 21. Do not require lineup participants to say or do anything unless all participants are required to do the same. 22. Refrain from assisting witness to identify suspect. 23. Prevent witnesses from speaking to each other before, during or after viewing lineup. a. Separate witnesses after each viewing. b. Do not indicate to witnesses if identification was or was not made. 24. Have witnesses view lineup separately. 25. Permit witnesses to view lineup from another room or hidden location, if necessary. a. Consider distance in this type of identification. 26. Allow masking of viewers when necessary. 27. Take color photographs of lineups being viewed by witnesses, when possible. Under no circumstances will black & white film be used. 28. Consult Legal Bureau or District Attorney if difficulties are encountered during lineup. ADDITIONAL DATA Emergency identification showups may be conducted when a witness is ill or injured and may die before proper identification procedures can be complied with. However, every effort should be made to institute lineup procedures and safeguards at the hospital. Criminal suspects may be returned to crime scene or held for viewing by a witness only if: a. Seizure of a suspect is effected within a reasonable time after the commission of the crime. (Usually, one hour is considered reasonable but facts of case may permit increasing the time period) AND, b. Seizure of a suspect is effected within an area reasonably near the crime scene. (Consider distance that could reasonably be covered within time period given and under circumstances present) AND, c. Suspect is shown to witness in a fair and reasonable manner which is not unnecessarily suggestive. RELATED PROCEDURES Rights Of Persons Taken Into Custody (P.G. 208-09) FORMS AND REPORTS CONSENT FORM - NON-SUSPECT MINOR (PD 377-030) LINEUP REPORT (PD373-141) P.G. 208-25 First And Third Platoon Arrests Date Effective: 08-01-13 PURPOSE To provide directions to uniformed members of the service required to work beyond normal expiration of tour of duty after making first or third platoon arrests. PROCEDURE When a uniformed member of the service performing duty with the first or third platoon effects an arrest which results in working beyond the normal expiration of scheduled tour of duty and officer is scheduled to perform duty with the same platoon the following day: FIRST PLATOON ARRESTS UNIFORMED MEMBER OF THE SERVICE 1. Continue working beyond normal expiration of scheduled tour of duty, if required, to process arrest and comply with the following categories, as appropriate: CATEGORY A If officer returns from court WITHIN SIX HOURS OF NEXT SCHEDULED 1ST PLATOON TOUR OF DUTY: Option (1) Perform next scheduled tour of duty with 1st Platoon, or Option (2) Request next scheduled 1st Platoon tour of duty be rescheduled to the 2nd Platoon tour of duty, or Option (3) Submit LEAVE OF ABSENCE REPORT (PD433-041) for excusal from the next scheduled tour of duty with 1st Platoon. CATEGORY B Returns from court AFTER COMMENCEMENT OF NEXT SCHEDULED 1st PLATOON TOUR OF DUTY: Option (1) Perform balance of the 1st Platoon tour of duty or Option (2) Submit LEAVE OF ABSENCE REPORT for excusal from the remainder of the 1st Platoon tour of duty. NOTE: Whenever a uniformed member of the service elects to perform the next scheduled 1st Platoon tour of duty or to complete the balance of the 1st Platoon tour of duty (OPTION 1 in CATEGORIES A and B), such officer will be assigned to appropriate police duties of a non-patrol/non-enforcement nature. THIRD PLATOON ARRESTS UNIFORMED MEMBER OF THE SERVICE 2. Continue working beyond normal expiration of scheduled tour of duty, if required, to process arrest and comply with the following categories, as appropriate. CATEGORY A Reaches the District Attorney's Complaint Room or other location designated for preparation of the court affidavit by 0800 hours, officer will automatically be rescheduled to the 2nd Platoon, and overtime ends as of 0800 hours, or CATEGORY B Does not reach the District Attorney's Complaint Room or other location designated for the preparation of the court affidavit by 0800 hours, officer continues on duty on overtime until Complaint Room processing is completed or until the start of his next scheduled tour of duty, whichever comes first. If arrest processing is completed prior to the start of next scheduled 3rd Platoon tour of duty, officer will be dismissed at that time. If arrest processing is not completed prior to the start of the next 3rd Platoon tour of duty, the officer will continue working that tour and upon return to command: Option (1) Complete remainder of scheduled tour, or Option (2) Request excusal for remainder of scheduled tour, needs of the service permitting. NOTE: A uniformed member of the service who elects to continue and complete scheduled 3rd Platoon tour of duty will be assigned to non-patrol/non-enforcement duty. ADDITIONAL DATA To enhance auditing procedures regarding court appearances with related overtime, uniformed members of the service will comply with the following when court attendance results in overtime: a. Attach OVERTIME REPORT (PD 138-064) to related COURT ATTENDANCE RECORD (PD468-141) and submit to desk officer/supervisor for approval. b. Desk officer/supervisor will ensure that OVERTIME REPORTS and COURT ATTENDANCE RECORDS are properly prepared and attached as required. c. OVERTIME REPORTS submitted for attendance at court without the required COURT ATTENDANCE RECORD attached, shall NOT be approved by desk officer/supervisor without an investigation being conducted. d. After the desk officer/supervisor concludes the investigation, the overtime may be approved if appropriate. However, a copy of the report detailing the facts of the investigation will be attached to the OVERTIME REPORT in lieu of the missing COURT ATTENDANCE RECORD. NOTE: Payroll clerks shall process OVERTIME REPORTS with COURT ATTENDANCE RECORDS/Investigative Reports attached and file with related PAYMENT REQUESTS (PD 138-066) as directed by A.G. 320-12, "Overtime Report." COURT ATTENDANCE RECORDS not involving overtime will continue to be filed as directed in P.G. 211-01, "Duties And Conduct In Court." The procedure outlined above will apply whether cash or time compensation is selected for the overtime and regardless of the reason for the court appearance. RELATED PROCEDURES Duties and Conduct in Court (P.G. 211-01) Overtime (P.G. 205-17) Overtime Report (A.G. 320-12) FORMS AND REPORTS COURT ATTENDANCE RECORD (PD468-141) LEAVE OF ABSENCE REPORT (PD433-041) OVERTIME REPORT (PD138-064) PAYMENT REQUESTS (PD138-066) P.G. 208-26 Forfeiture Proceedings For Seized Property Date Effective: 08/01/13 PURPOSE To retain custody of property (vehicles, money, etc.) seized during the course of an arrest or investigation as the proceeds of crime, or as a means of furthering a crime, or as a means of transporting or concealing illegal substances, or as unlawfully obtained. DEFINITION Property, including vehicles or money, for which forfeiture proceedings may be instituted: a. VEHICLES (1) Where the vehicle is used in used in the unlawful transportation of controlled substances, marijuana, gambling devices and/or records; or (2) Where the vehicle is used as a means of facilitating the sale or possession of controlled substances or marijuana, furthering illegal gambling, or committing any other criminal activity; or (3) Where the vehicle is unlawfully obtained or stolen and the true owner cannot be identified. b. ALL OTHER PROPERTY, EXCEPT CONTRABAND, WHERE THERE IS REASONABLE CAUSE TO BELIEVE THAT THE PROPERTY WAS: (1) Unlawfully obtained (owner not identified) (2) Stolen (owner not identified) (3) The means of committing, aiding or furthering a crime, or (4) The proceeds of crime. PROCEDURE When property is seized as evidence or for investigation under circumstances in which forfeiture proceedings may be initiated, follow normal arrest/invoicing procedures and: ARRESTING/INVESTIGATING OFFICER 1. Seize property. a. If no arrest is made, confer with immediate supervisor and obtain consent. b. Property will normally be seized for felony or misdemeanor arrest but may also certain circumstances, without an arrest, determined or arrest of the true owner is forfeiture in connection with a be held for investigation, under e.g., if the true owner is not yet contemplated. [I.O. 67 s 13] 2. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A), as appropriate. a. On PROPERTY CLERK INVOICE WORKSHEET, check box "Arrest Evidence" or "Investigatory Evidence," as appropriate. In addition, make entry under "Remarks" section "Held For Forfeiture Proceedings," and state reasons for forfeiture recommendation in detail. DESK OFFICER 3. Direct command clerk to prepare PROPERTY CLERK INVOICE (PD521-141) from WORKSHEET utilizing the Property and Evidence Tracking System. 4. Ensure "Prisoner / Finder / Owner" copy of PROPERTY CLERK INVOICE and NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT (PD521-124) is issued to person from whom property was removed. a. Make Command Log entry if forms were issued or if person refused acceptance. 5. Review facts and determine whether forfeiture is appropriate. NOTE: If the property to be forfeited is a vehicle seized by the Narcotics Division, a Request for Forfeiture Proceedings form should be prepared and forwarded directly to the Commanding Officer, Legal Bureau. (The uniformed member of the service's command telephone number should be included). 6. Forward property to Property Clerk's Storage Facility with: a. Appropriate copies of PROPERTY CLERK INVOICE prepared b. Copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), if prepared c. Copy of COMPLAINT FOLLOW-UP (PD313-081), if prepared d. Copy of search warrant or other investigating documents, if prepared. PROPERTY CLERK 7. Forward documents in support of forfeiture to Legal Bureau when a claimant makes a demand for return of property. LEGAL BUREAU 8. Notify arresting officer if forfeiture proceeding is commenced. ARRESTING/INVESTIGATING OFFICER 9. Comply promptly with requests received from Legal Bureau to conduct additional investigation, sign affidavits, supply additional documentation, provide testimony, etc. ADDITIONAL DATA Only ten working days are allowed for commencing forfeiture proceedings once a proper demand is made at an office of the Property Clerk for return of the property. Therefore, all steps in this procedure must be complied with promptly. RELATED PROCEDURES Follow-up Investigations of Complaints Already Recorded (P.G. 207-09) Invoicing Property - General Procedure(P.G. 218-01) Unlicensed Peddler Forfeiture Program (P.G. 218-41) Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner (P.G. 218-19) [I.O. 67 s 13] FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT (PD521-124) P.G. 208-27 Desk Appearance Ticket - General Procedure Date Effective: 08-01-13 PURPOSE To issue a DESK APPEARANCE TICKET in lieu of detention. DEFINITIONS DESK APPEARANCE TICKET (DAT) - An appearance ticket issued in lieu of detention, at the direction of a desk officer, for misdemeanors, violations, and certain Class "E" felonies for hospitalized prisoners (see "ADDITIONAL DATA"). UNCOOPERATIVE ACTIONS - Circumstances that occur during or subsequent to an arrest when the person and/or persons being arrested become completely limp or refuse to provide assistance in movement, or have to be carried from the arrest location, effectively taxing police resources during an arrest. Uncooperative actions alone would not support a charge of Resisting Arrest, though they may support a charge of Obstructing Governmental Administration 2nd Degree. DAT LOG - Department record book, maintained by desk officer, captioned across a double page as follows: (LEFT PAGE) DAT Arrest Serial # Date (RIGHT PAGE) Command Tax # Arrest # Contact # Defendant's Name Date/Time DAT Package Received Charge(s) Return Date Date/Time DAT Delivered to Borough Arresting Officer D.O. Initials PROCEDURE When arresting a prisoner charged with a misdemeanor or violation: ARRESTING OFFICER 1. Comply with appropriate arrest processing guidelines and remove prisoner to precinct of arrest/designated arrest facility and advise desk officer of facts. DESK OFFICER 2. Inform prisoner that he/she may be issued a DESK APPEARANCE TICKET, if qualified. a. Refer to ADDITIONAL DATA statement under heading, "DESK APPEARANCE TICKET GUIDELINES" for DAT issuance guidelines. b. Refer to ADDITIONAL DATA statement under heading, "UNLAWFUL POSSESSION OF MARIHUANA ARRESTS", if only charge against prisoner is Unlawful Possession of Marihuana (Penal Law section 221.05, violation) and the prisoner does not qualify for a summons. 3. Direct arresting officer to ascertain the defendant's identity in accordance with P.G. 208-28, "Identification Standards for Desk Appearance Tickets." 4. Direct arresting officer to conduct interview using DESK APPEARANCE TICKET INVESTIGATION (PD360-091). IF INDIVIDUAL IS NOT DISQUALIFIED UNDER THE FIVE STEP ELIGIBILITY PROCESS: 5. Ensure that Identification Section is conferred with to determine if prisoner has a previous conviction which would raise the current charge to a felony: a. The current charge entered on the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) will not be changed solely from information received by telephone. 6. Ensure that arrest data is entered into the OMNIFORM System and the prisoner is fingerprinted immediately utilizing "LIVESCAN." a. Arrest processing type "Desk Appearance Ticket" must be used, EXCEPT for those DAT(S) returnable to Community Court (Midtown or Red Hook), in which case arrest processing type "Community Court Desk Appearance Ticket" MUST be utilized. 7. Have arresting/assigned officer complete all DAT arrest related paperwork while awaiting the results of the fingerprint check. 8. Monitor the OMNIFORM system to determine if DAT has been approved: a. Users will sign-on to OMNIFORM and select "DAT Processing" b. Select "Awaiting DAT" from the drop-down menu c. Enter Command in the "Search by Command" field d. A list of DAT(S) currently being processed will be displayed e. Review the "DAT OK" column for results f. If the response reads "NO," a DAT must not be issued and the prisoner must be processed online (1) If OMNIFORM DAT Arrest Info Screen indicates that the prisoner has warrants, is on parole/probation, is a recidivist, owes DNA, etc., that system will automatically preclude the desk officer from issuing a DAT. g. If the response reads, "WAIT" the processing of the fingerprints is not complete and the member should check back at reasonable intervals h. If the response reads "YES," click the "DAT" button i. Assign DESK APPEARANCE TICKET serial number and complete appropriate captions in DAT Log. j. Enter the Return Date (obtained as per borough guidelines), Time, Arraignment Part, DAT Serial Number and Court, in applicable captions k. Select "Update" and review DAT l. Select the "Print" icon to print DAT. 9. Contact the borough court section to ascertain the status of the fingerprint check, if the OMNIFORM system indicates "Wait" after four hours from the time the prisoner was fingerprinted. BOROUGH COURT SECTION 10. Determine the processing status of the prisoner's fingerprints and request that the Division of Criminal Justice Services expedites the required fingerprint search. DESK OFFICER 11. Inform prisoner of ineligibility for DESK APPEARANCE TICKET if: a. Excluded by guidelines listed in ADDITIONAL DATA statement under heading, "DESK APPEARANCE TICKET GUIDELINES," OR, b. The prisoner fails the five-step eligibility process, OR, c. The prisoner has a previous conviction which would raise the current charge to a felony. 12. Inform prisoner not eligible for DESK APPEARANCE TICKET that he/she may be processed for bail. a. Bail will not be accepted if the prisoner owes DNA. 13. Direct issuance of DESK APPEARANCE TICKET if prisoner is eligible and is likely to appear in court on the return date. 14. Request precinct detective squad or other investigative unit to debrief prisoner, if appropriate. 15. Ensure that arrest processing officer, or other designated member, utilizes the computerized DAT system through any FINEST or LAN terminal which has OMNIFORM access, in accordance with the simplified DAT Issuance Procedures listed in step "8," above. a. Ensure the original DAT is signed by: (1) Prisoner (2) Issuing officer (3) Desk officer. b. Ensure that three photocopies of the DAT are prepared, and copies are filed as listed: (1) Original - included in DAT ARREST PACKAGE (2) Copy - defendant (3) Copy - arresting officer/complainant (4) Copy - command file. c. Utilize snap-out version of DESK APPEARANCE TICKET (PD260- 121) only if command does not have a computerized DAT system (FINEST or LAN terminal which has OMNIFORM access), or if such system becomes non-operational. (1) Notify borough court section supervisor if snap-out version of DAT issued. ARRESTING OFFICER 16. Make DESK APPEARANCE TICKET returnable to arraignment part of Criminal Court except if: a. Returnable to Family Court b. Necessary to permit arraignment of all prisoners in same Court Part c. Returnable to Community Court. 17. Enter name, address, and telephone number of civilian complainant, if any, in space marked "Additional Instructions" on original copy of DESK APPEARANCE TICKET ONLY (i.e., copy which is included in the DAT ARREST PACKAGE (PD260-123) forwarded to court). 18. Deliver completed DESK APPEARANCE TICKET and arrest related documents in the DAT ARREST PACKAGE envelope to the desk officer. DESK OFFICER 19. Check all arrest related paperwork for completeness and accuracy. a. Ensure that all required arrest paperwork is included in the DAT ARREST PACKAGE by utilizing the check boxes listed on the front of the envelope. 20. Ensure a Prisoner Movement Slip, with digital photograph, is generated. a. Two copies of the Prisoner Movement Slip must be included in the DAT ARREST PACKAGE. 21. Attach printouts of all warrant checks conducted (as per P.G. 208-22, "Performing Local, State and Federal Warrant Checks") to DESK APPEARANCE TICKET INVESTIGATION and include in DAT ARREST PACKAGE. 22. Forward DESK APPEARANCE TICKET INVESTIGATION: a. With DAT ARREST PACKAGE when issued, OR b. To borough court section booking facility with escorting officer and prisoner, when not issued. BOROUGH COURT SECTION 23. File "denied" DESK APPEARANCE TICKET INVESTIGATION(S) in a separate file by arrest date. COMMANDS NOT UNDER PATROL SERVICES BUREAU, HOUSING BUREAU, OR TRANSIT BUREAU SUPERVISOR CONCERNED 24. Forward completed DAT ARRESY PACKAGE to the precinct, police service area, or transit district which issued the DAT serial number. a. Ensure package is delivered by midnight (2400 hours) on date of arrest. 25. Notify desk officer of the command which issued the DAT serial number prior to midnight of reason for the delay (e.g. late arrest), if delivery of DAT ARREST PACKAGE cannot be completed by midnight. a. Deliver package directly to appropriate patrol borough, housing borough, or transit borough, prior to the second platoon, if delivery of DAT ARREST PACKAGE cannot be completed by midnight. PRECINCT/POLICE SERVICE AREA/TRANSIT DISTRICT DESK OFFICER 26. Make a Command Log entry when notified by a supervisor from outside command that delivery of the DAT ARREST PACKAGE will not be completed by midnight on date of arrest. a. Notate "PENDING" in the left margin of the DESK APPEARANCE TICKET INDEX (PD260-122), next to appropriate DAT serial number. DELIVERY OF DAT ARREST PACKAGES TO BOROUGH PRECINCT/ POLICE SERVICE AREA /TRANSIT DISTRICT DESK OFFICER, FIRST PLATOON 27. Prepare DESK APPEARANCE TICKET INDEX (PD260-122), listing all DAT(S) issued during the previous twenty-four hour period, in numerical order, by DAT serial number. a. Sign name in caption provided on bottom of form. 28. Direct a uniformed member of the service to deliver the DESK APPEARANCE TICKET INDEX and all DAT ARREST PACKAGE(S) to the Patrol Borough, Housing Borough, or Transit Borough, as appropriate, prior to 0100 hours. 29. Make Command Log entry including arrest number(s), DAT serial number(s), arresting officer, and messenger's rank and name. COMMAND MESSENGER 30. Safeguard and deliver the DESK APPEARANCE TICKET INDEX and all DAT ARREST PACKAGES to the applicable borough, as directed by the desk officer. a. Obtain receipt signature from the receiving borough member on DESK APPEARANCE TICKET INDEX. 31. Deliver command copy of DESK APPEARANCE TICKET INDEX to desk officer. PRECINCT/POLICE SERVICE AREA/TRANSIT DISTRICT DESK OFFICER, FIRST PLATOON 32. File command copy of DESK APPEARANCE TICKET INDEX. 33. Enter disposition (i.e., date/time DAT(S) delivered to borough) of DAT ARREST PACKAGE(S) in applicable captions of DAT Log. PATROL/HOUSING/ TRANSIT BOROUGH MEMBER 34. Receipt for delivery of DAT(S) on the DESK APPEARANCE TICKET INDEX. a. File applicable copy of DESK APPEARANCE TICKET INDEX. 35. Prepare DESK APPEARANCE TICKET TRANSMITTAL TO BOROUGH COURT SECTION (PD260-122A), listing all DAT ARREST PACKAGE(S) to be sent to borough court section. 36. Ensure that all DAT ARREST PACKAGE(S), along with the DESK APPEARANCE TICKET TRANSMITTAL TO BOROUGH COURT SECTION, are delivered to the appropriate borough court section DAT office on the second platoon, Monday through Friday. ARRESTING OFFICER 37. Respond to Court Sign-In Room, if notified to appear at District Attorney's Complaint Room to draw up court complaint. a. Proceed to appropriate location as directed by court section personnel or as indicated on notification. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS DAT issuance should never be based solely upon the ONMIFORM system checks. Members of the service must conduct checks required by this procedure prior to entering the ON-LINE BOOKING SYSTEM ARREST WORKSHEET into the OMNIFORM system. OMNIFORM does not conduct the warrant checks required by this procedure. ISSUANCE OF DAT NUMBERS DAT serial numbers will consist of a three-digit command code followed by a dash and the next sequential number, beginning with the number one each year. For example, the first DAT serial number issued by the 68 Precinct shall be 068-1. The desk officer, command processing the arrest (i.e., precinct, police service area, or transit district), will assign all DAT serial numbers for DESK APPEARANCE TICKETS issued at the command, regardless of jurisdiction of arrest, or command of assignment of the arresting officer, etc. DESK APPEARANCE TICKET GUIDELINES A DESK APPEARANCE TICKET will not be issued in the following circumstances: a. Arrest on a warrant b. Photographable offenses (see P.G. 208-07, "Photographable Offenses") unless prisoner is hospitalized (If DESK APPEARANCE TICKET is issued, notify borough court section concerned) c. Prisoners under the influence of drugs/alcohol to the degree that they may endanger themselves or others d. Family offenses - complainant/victim and offender are members of the same family/household as defined in the Family Court Act or as defined in the expanded definition of a family/household in P.G. 208-36, "Family Offenses/Domestic Violence," AND: (1) Any offense is committed and an arrest is effected (2) Offender has violated an Order of Protection (3) Complainant/victim requests the opportunity to obtain an Order of Protection, OR the facts of the case indicate an immediate need to secure an Order of Protection because there is a strong possibility that violence against the complainant/victim will recur (e.g., past history of assaults against complainant/victim, statements made by the defendant, active present hostility against complainant/victim, etc.). e. Offender has violated an Order of Protection, OR complainant/victim requests the opportunity to obtain an Order of Protection, OR the facts of the case indicate an immediate need to secure an Order of Protection because there is a strong possibility that violence against the complainant/victim will recur (e.g., past history of assaults against complainant/victim, statements made by the defendant, active present hostility against complainant/victim etc.) f. Arrest for Harassment 1st Degree (Penal Law 240.25), or Menacing 2nd Degree (Penal Law 120.14[2]) -"Stalking" offenses g. Arrest for Criminal Sale of Marihuana 4th Degree (Penal Law 221.40) or, Criminal Sale of Marihuana 5th Degree (Penal Law 221.35) h. Arrest for Assault 3rd Degree (Penal Law 120.00), Attempted Assault 3rd Degree (Penal Law 110/120.00), Menacing 2nd Degree (Penal Law 120.14), Menacing 3rd Degree (Penal Law 120.15), Harassment 1st Degree (Penal Law 240.25), Aggravated Harassment (Penal Law 240.30), and Reckless Endangerment 2nd Degree (Penal Law 120.20) when committed against a city/state enforcement agent performing official duty i. Arrest for violation of Section 1192, intoxication/impaired driving subdivisions (1), (2), (3) or (4) - Vehicle & Traffic Law (except DESK APPEARANCE TICKET may be issued to eligible prisoner, hospitalized more than twenty-four hours providing prisoner did not cause serious physical injury to death to another) j. Vehicle offenses: (1) Arrest for Attempted Grand Larceny 4th Degree (Penal Law 110/ 155.30); Class "A" Misdemeanor (2) Intentionally damages a vehicle up to $250 (window break) when in connection with attempt to steal auto, OR larceny of contents of auto (e.g., radio) - Class "A" Misdemeanor. k. Arrest for an offense which would constitute child abuse, neglect, or maltreatment (see P.G. 215-03, "Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children" and P.G. 208-36, "Family Offenses/Domestic Violence") l. Misdemeanor Recidivists - when a warrant check printout indicates "Misdemeanor Recid Notify DA In ECAB" [I.O. 10 s 13] Deleted Subdivision "m" Renumbered Remaining Subdivisions m. Aggravated Unlicensed Operation of a Motor Vehicle, 2nd Degree, (VTL 511 [2] [a]); Misdemeanor, and 1st Degree, (VTL 511 [3] [a]; Felony) n. Criminal Trespass, 3rd Degree (Penal Law 140.10), when in connection with a building utilized for commercial/office purposes o. Whenever a person is arrested for threatening, harassing or menacing a uniformed member of the service, an elected official or any other city, state or federal employee p. Arrest for Unlawful Eviction (Administrative Code 26-521) q. Arrest for Interference with Professional Sporting Event (Administrative Code Section 10-162); Unclassified Misdemeanor r. Arrest for Resisting Arrest (Penal Law 205.30); Class "A" Misdemeanor s. * Arrest for Obstructing Governmental Administration 2nd Degree (Penal Law 195.05); Class "A" Misdemeanor (see below) t. Whenever the OMNIFORM DAT Arrest Info Screen indicates that the individual "owes DNA" u. Fireworks offenses: (1) Arrest for the offering, selling or furnishing of fireworks valued at $500 or more (Penal Law 270.00[2][a][ii]); Class "A" Misdemeanor (2) Arrest for the sale of dangerous fireworks to a person under the age of eighteen (Penal Law 270.00[2][b][ii]); Class "A" Misdemeanor. * A person arrested for Obstructing Governmental Administration 2nd Degree may be issued a DAT if he/she engaged in uncooperative actions (see "DEFINITIONS") and is otherwise qualified. A DAT should not be issued to a person who uses mechanical means, i.e., a "sleeping dragon," chaining oneself to a stationary object, etc., to impede his/her removal and arrest processing. If OMNIFORM DAT Arrest Info Screen indicates that the prisoner has warrants, is on parole/probation, is a recidivist, owes DNA, etc., the system will automatically preclude the desk officer from issuing a DAT. Under this procedure, a prisoner who is an admitted drug addict, and not undergoing treatment at a Methadone Treatment Center, will continue to be eligible for DESK APPEARANCE TICKET consideration. Issue DAT to an eligible prisoner who is otherwise considered "special category" as defined in P.G. 210-17, "Arrest Processing of Pre-Arraignment Prisoners Designated as `Special Category'." IDENTIFICATION STANDARDS P.G. 208-28, "Identification Standards for Desk Appearance Tickets" describes a sequential five step identification process to be followed during arrest processing in order to determine a defendant's eligibility for a DESK APPEARANCE TICKET and involves the following components: a. Stricter Identification Standards b. New York State Probation/Parole Status Inquiry c. ADW Warrant Check/OCA Designations d. Department of Motor Vehicles Name Check e. Beta System Inquiry ACCOUNTABILITY The decision to issue a DAT to an eligible prisoner rests solely with the desk officer. UNDER NO CIRCUMSTANCES WILL THE PRISONER BE RELEASED UNTIL THE FINGERPRINT CRIMINAL HISTORY HAS BEEN RECEIVED AND REVIEWED. The desk officer, based upon the information contained in the OMNIFORM system (in addition to the other information obtained during the course of the DAT investigation), will either have a DAT issued to the prisoner or have the arrest processed "on line." The Borough Administrator is responsible to ensure that all DAT(S) issued and/or delivered by their subordinate commands are completed accurately and in a timely manner according to this procedure. Any questions regarding arrest or DAT procedures should be directed to the applicable borough court section. UNLAWFUL POSSESSION OF MARIHUANA ARRESTS If the only charge against a prisoner is Unlawful Possession of Marihuana (Section 221.05, P.L. - Violation) and the prisoner does not qualify for a summons, the prisoner MUST be processed for a DESK APPEARANCE TICKET. However, normal DESK APPEARANCE TICKET INVESTIGATION verifications do not apply in this type of case. The only disqualifying factors regarding the issuance of a DESK APPEARANCE TICKET are: a. Inability to ascertain defendant's identification or address, OR, b. Officer reasonably suspects that identification or address given is inaccurate, OR, c. Officer believes that prisoner does not reside within the state, d. The prisoner owes DNA. If the only charge is Unlawful Possession of Marihuana (Section 221.05, P.L. Violation) a field test must be completed in accordance with P.G. 218-08, "Field Testing of Marijuana by Selected Uniformed Members of the Service within the Patrol Services and Housing Bureaus." In this instance, if the prisoner also does not qualify for a DESK APPEARANCE TICKET, the desk officer must release the prisoner if $100.00 pre-arraignment bail is posted (see P.G. 210-09, "Bail"). However, the prisoner will not be released if he/she owes DNA. DELIVERY OF DAT PACKAGES TO BOROUGH COURT SECTION DAT(S) will only be delivered to the borough court section DAT office, Monday through Friday, on the second platoon. On weekends and court holidays, the Patrol Borough, Housing Borough, and Transit Borough will safeguard the DAT packages for delivery on the next second platoon that court is in session. WARRANT AND INVESTIGATION CARD CHECKS Prior to releasing a prisoner who is being issued a DESK APPEARANCE TICKET at the precinct of arrest/designated arrest facility, an INVESTIGATION CARD (PD373-163) check and a warrant name check of local/state/federal files will be conducted in accordance with P.G. 208-22, "Performing Local, State and Federal Warrant Checks." In all cases, desk officers must review any relevant printout screen or results to ensure that the five step eligibility process was properly conducted. In addition, desk officers shall monitor the OMNIFORM system within their commands to ensure its proper use. If prisoner is released at precinct of arrest/designated arrest facility, or removed to borough court section booking facility, attach any relevant printouts to DESK APPEARANCE TICKET INVESTIGATION. If Department Local Area Network (LAN) terminal is inoperative, request the patrol borough to conduct the checks. Should the borough terminal also be inoperative, an adjoining precinct/designated arrest facility will be requested to conduct these checks. If the entire LAN system is out of service for more than twenty minutes, the Central Warrant Unit will be requested by telephone to process and supply the necessary checks. DESK APPEARANCE TICKET ELIGIBILITY FOR OUT OF STATE RESIDENTS When attempting to determine whether to issue a DESK APPEARANCE TICKET to a person who does not reside or work in New York State but is otherwise qualified, the desk officer should consider the distance the arrested person will have to travel on the arraignment date. The person should be questioned concerning his/her ability and willingness to appear in court for arraignment on the scheduled return date. If the desk officer believes that the person will not appear as required, a DESK APPEARANCE TICKET WILL NOT be issued. If the person arrested requests a minor adjustment in the return date and gives an unqualified promise to appear on the revised date, the desk officer must use discretion in determining if the return date should be adjusted and a DESK APPEARANCE TICKET issued. In unusual circumstances when the ends of justice will be served and undue hardship will be averted by not holding an out of state defendant in custody (e.g., elderly or infirm defendant or defendant accompanied by children, etc.), a short date DESK APPEARANCE TICKET returnable the following day, may be issued. However, if doubt exists concerning attendance of the defendant, a DESK APPEARANCE TICKET WILL NOT be issued. When a short date DESK APPEARANCE TICKET is issued to an out of state defendant, the desk officer must ensure that the DAT ARREST PACKAGE is sent to the appropriate Patrol Borough, Housing Borough, or Transit Borough. In addition, the desk officer must notify the applicable borough of the short return date. Patrol Borough, Housing Borough, or Transit Borough personnel will ensure the delivery of the DAT ARREST PACKAGE to the borough court section is expedited. Borough Court Section personnel will immediately process the DESK APPEARANCE TICKET related papers to ensure that the Fingerprint criminal history (RAP) sheet is available when the defendant is arraigned. In all such cases, the arresting officer (if not excused) and the complainant (in appropriate cases) will proceed to the Complaint Room. If the Complaint Room is not open, the officer and/or complainant will report to the Complaint Room as soon as it opens to draw the court complaint. DESK APPEARANCE TICKET ELIGIBILITY FOR HOSPITALIZED PRISONERS A DESK APPEARANCE TICKET may be issued to an eligible hospitalized prisoner who is charged with a Class "E" Felony except for those Class "E" Felonies listed as follows: PENAL LAW SECTION 130.25 130.40 205.10 205.17 205.19 215.56 195.07 CHARGE Rape, 3rd Degree Criminal Sexual Act, 3rd Degree Escape, 2nd Degree Absconding from Temporary Release, 1st Degree Absconding from a Community Treatment Facility Bail Jumping, 2nd Degree Obstructing Governmental Administration, 1st Degree Criminal photographs need not be taken of a hospitalized prisoner who is issued a DESK APPEARANCE TICKET for a Class "E" Felony. PARTICIPATING DEPARTMENT STORE PROGRAM When an arrest is made by a security officer of a participating department store and the offense is one for which a DESK APPEARANCE TICKET may be issued, the desk officer will direct the arrest processing officer to assist the store security officer in processing the arrest in order to maintain compliance with this procedure. RELATED PROCEDURES Performing Local, State and Federal Warrant Checks (P.G. 208-22) Computerized Investigation Card System (P.G. 208-23) Identification Standards for Desk Appearance Tickets (P.G. 208-28) Family Offenses/Domestic Violence (P.G. 208-36) Intoxicated or Impaired Driver Arrest (P.G. 208-40) Suspended or Revoked Vehicle Operator's License (P.G. 209-26) Bail (P.G. 210-09) Arrest Processing of Pre-Arraignment Prisoners Designated as "Special Category" (P.G. 210-17) FORMS AND REPORTS DAT ARREST PACKAGE (PD260-123) DESK APPEARANCE TICKET (COMPUTER FORM) DESK APPEARANCE TICKET (PD260-121) DESK APPEARANCE TICKET INDEX (PD260-122) DESK APPEARANCE TICKET INVESTIGATION (PD360-091) DESK APPEARANCE TICKET TRANSMITTAL TO BOROUGH COURT SECTION (PD260-122A) INVESTIGATION CARD (PD373-163) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-28 Identification Standards For Desk Appearance Tickets Date Effective: 08/01/13 PURPOSE To establish identification standards and eligibility requirements prior to the issuance of a DESK APPEARANCE TICKET. SCOPE The process to be followed during arrest processing in order to determine eligibility for a DESK APPEARANCE TICKET will be sequential. The following is a five- step procedure which shall be implemented by arresting officers in the order listed: a. Stricter Identification Standards b. New York State Probation/Parole Status Inquiry c. ADW Warrant Check/OCA Designations d. Department of Motor Vehicles Name Check e. Beta System Inquiry. As each category is checked, if there is a negative result, the inquiry will be brought to the next step. When information is received that will disqualify an individual from DESK APPEARANCE TICKET consideration, further inquiries will cease and the arrest will be processed online. This five-step eligibility process is both comprehensive and labor intensive. PROCEDURE When an individual is applying for the issuance of a DESK APPEARANCE TICKET: ARRESTING OFFICER 1. Establish individual's identification and eligibility for the issuance of a DESK APPEARANCE TICKET by the following: a. STRICTER IDENTIFICATION STANDARDS - The following forms of identification satisfy the need to properly identify individuals applying for release via DESK APPEARANCE TICKETS: (1) New York State Driver's License, Permit, or Non-Driver Photo Identification (2) Valid passport (3) United States military photo identification (4) Citizenship or naturalization papers (5) Resident alien card (Permanent resident card/ Green card) (6) Driver's License (out of state/country). b. NEW YORK STATE/U.S. EASTERN DISTRICT FEDERAL PROBATION/ PAROLE STATUS INQUIRY - Inquiry will be made through the FINEST System into the Booking Arraignment Disposition Inquiry System [BADS] to ascertain Probation/Parole status of prisoners seeking release through the DESK APPEARANCE TICKET process. If it is confirmed that the prisoner seeking release on a DESK APPEARANCE TICKET is currently on probation or parole, a DESK APPEARANCE TICKET will NOT be issued to that individual. The process is as follows: (1) Log into BADS with BADS ID and password (2) Select Option "5," Defendant Status, by typing "5" and pressing "ENTER" (3) Type defendant's Last name, First initial (if desired), Sex, and Date of Birth (DOB) (a) Type "O" in RANGE field for a direct hit on the DOB entered, or a number (1-9) for that range of years before and after the DOB entered, and press "ENTER." NOTE: The number of possible hits for N.Y.S. Parole, N.Y.C. Probation and Eastern District Federal Probation will be displayed. (4) To view information, press "1" for N.Y.S. Parole list, "2" for N.Y.C. Probation list and "3" for Eastern District Federal Probation list, then press "ENTER." (5) When viewing one of the above lists, or to see additional data for an individual, move the cursor to the desired line and press "ENTER." (a) If the defendant has non-sealed New York City arrests: (1) Defendant Data, NYSID Profile, and Parole/Probation Data will already be selected (2) Press "ENTER" to page through the screens. (b) If the defendant has no non-sealed New York City arrests: (1) A Parole/Probation record will be displayed (2) Press "ENTER" to return to the list. c. ADW WARRANT CHECKS/OCA DESIGNATIONS - A local, state, and federal warrant check will be conducted via the Automated Database for Warrants (ADW) and the FINEST MESSAGE SWITCHING SYSTEM (MSWS)as per P.G. 208- 22, "Performing Local, State and Federal Warrant Checks." The presence of an active warrant from this inquiry will disqualify an individual from receiving a DESK APPEARANCE TICKET. This check will access the Warrant Master File through ADW. Within this file are target groups which are displayed by the presence of an OCA# designation preceded by the letter Q, X, or I. Persons in custody who are categorized by any of the following designations will not be eligible to receive a DESK APPEARANCE TICKET: (1) OCA designations that begin with letter Q: Q65000000==> Robbery Recidivist Q65200000==> Misdemeanor Recidivist Q65300000==> Firearm Violator Q65400000==> Armed Career Criminal (2) OCA designations that begin with the letter X: This category consists of individuals who are target narcotics violators. (3) OCA designations that begin with the letter I: This file contains individuals who are wanted by a particular detective squad for a specific crime, or for questioning relative to a crime. In these cases, a telephone notification is required to the Criminal Intelligence Section (See P.G. 208-23, "Computerized Investigation Card System"). NOTE: In the above OCA designation categories, notifications must be made to the command of origination, including arraignment date and the fact that identification is based on a name check only. Comply with any further instructions which appear on the display screen. d. DEPARTMENT OF MOTOR VEHICLES NAME CHECK Name checks will be made through the FINEST System under the NYSPIN/DMV menu headings: NYS Driver Group Search (DGRP) and NYS Driver Inquiry (DLIC). First, use the DGRP command. This will determine if the individual is using multiple or similar names. If so, attempt to match the pedigree information provided on the display screen with the subject who is physically present. Next, enter this data into the DLIC system. If the DLIC system reveals that the subject: (1) Has three or more license suspension on three or more different dates, or (2) Is operating a vehicle with a revoked driver's license, or (3) Has an outstanding federal, state, or local warrant, or (4) Has ever been the subject of an issued federal, state, or local warrant at any time, or (5) Is arrested for operating a motor vehicle while having a revoked driver's license, or (6) Has been convicted of unlicensed operation of a motor vehicle any degree, within the previous eighteen months, or (7) Has had their operator's license suspended based upon having ever refused to submit to a chemical test for alcohol, or (8) Has had their operator's license suspended based upon failure to pay child/spousal support as outlined in VTL 510 (4e), then the subject WILL BE DENIED a DESK APPEARANCE TICKET. e. BETA SYSTEM INQUIRY - An inquiry will be made into Beta System through the FINEST System/MIS to determine DESK APPEARANCE TICKET eligibility based upon the prisoner's past criminal history. Specifically, this inquiry will reveal the presence of aliases, match them to a criminal identification number (NYSID #) and interface with the on- line warrant file, to determine if the subject has been previously issued a warrant. If subject is found to have previous warrant history, then a DESK APPEARANCE TICKET will NOT be issued. The process will be as follows: (1) Type "NMOS/tax registry number" of requesting officer (2) Enter in center of screen corresponding reference numbers, i.e., 61 #, arrest #, case #, misc. # (3) After the caption, "NMCK" enter: Last name/first name/sex/dob - then press "Enter." NOTE: If NYSID # is ascertained, sign onto ADW as follows: (1) Select the ADW icon on a Department LAN. (a) Enter your tax number when prompted. (2) Select "Queries" at the top of the screen. (3) Select "NYSID Search." (a) Enter the NYSID number in the prompt box. (4) Highlight "Selected Table." (a) Select "Warrant" and "I Card." DESK OFFICER 2. Use common sense standards based upon the age and/or physical condition of a prisoner to ensure that the best interests of the Department will be served by not denying the issuance of a DESK APPEARANCE TICKET, in the course of determining eligibility. INTEGRITY CONTROL OFFICER 3. Ensure that passwords are issued to uniformed members of the command so that access to the various systems is not restricted. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS DAT issuance should never be based solely upon the OMNIFORM system checks. Members of the service must conduct checks required by this procedure prior to entering the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) into the OMNIFORM system. OMNIFORM does not conduct the warrant checks required by this procedure. IDENTIFICATION STANDARDS Members should note that these are general guidelines and other valid forms of identification may be acceptable. Even when an individual possesses identification and a uniformed member of the service has reasonable suspicion with regard to the veracity of the identification presented, the desk officer will make the final determination as to whether the defendant's identity has been ascertained. FALSE PERSONATION In addition to producing one of the above valid forms of identification, the prisoner must also provide legitimate, verifiable proof of a valid current address. When attempting to ascertain a prisoner's identity, the uniformed member of the service concerned should inform the prisoner that knowingly misrepresenting his or her actual name, date of birth, or address to a police officer, with intent to prevent a police officer from ascertaining such information, is punishable as a crime. Prisoners who knowingly misrepresent their pedigree information should be charged with Penal Law 190.23(False Personation, B. Misd.) The desk officer considering DESK APPEARANCE TICKET eligibility will determine the validity of the prisoner's offered address. If the desk officer is not satisfied that the prisoner has offered proper evidence of a valid current address, the prisoner shall NOT be issued a DESK APPEARANCE TICKET. In order to ensure that the process for determining eligibility for a DESK APPEARANCE TICKET is properly conducted, desk officers will be responsible to have arresting officers bring to the borough court section a copy of any inquiry which eliminated the prisoner from DESK APPEARANCE TICKET consideration. In those cases where eligibility was denied because of unverified identification or address information, a notation will be entered on the ON-LINE BOOKING SYSTEM WORKSHEET under "Details" and initialed by the desk officer. RELATED PROCEDURES Performing Local, State and Federal Warrant Checks (P.G. 208-22) Computerized Investigation Card System (P.G. 208-23) Desk Appearance Ticket - General Procedure (P.G. 208-27) Desk Appearance Ticket - Hospitalized Prisoner (P.G. 208-30) Arrest Processing - Aggravated Unlicensed Operation of a Motor Vehicle (P.G. 208-53) FORMS AND REPORTS DESK APPEARANCE TICKET ON-LINE BOOKING SYSTEM WORKSHEET (PD244-159) P.G. 208-29 Desk Appearance Ticket Preparation Of Court Complaint Prior To Return Date Effective: 01-01-00 Revision 10-05 Issued 09-10-10 Deleted Patrol Guide Procedure No: 208-29 P.G. 208-30 Desk Appearance Ticket - Hospitalized Prisoner Date Effective: 08/01/13 PURPOSE To issue a DESK APPEARANCE TICKET to a hospitalized prisoner who was ineligible for a DESK APPEARANCE TICKET at time of arrest due to physical or mental condition. PROCEDURE When a hospitalized prisoner has recovered sufficiently to be issued a DESK APPEARANCE TICKET: GUARDING MEMBER OF THE SERVICE 1. Notify desk officer that prisoner's condition permits issuance of a DESK APPEARANCE TICKET. DESK OFFICER 2. Direct patrol supervisor to determine condition of prisoner and duration of confinement. 3. Direct guarding officer to follow P.G. 208-27, "Desk Appearance Ticket General Procedure." 4. Have DESK APPEARANCE TICKET issued if prisoner qualifies. GUARDING MEMBER OF THE SERVICE 5. Obtain DESK APPEARANCE TICKET return date in accordance with appropriate borough guidelines. a. Ensure that return date is after tentative date of prisoner's discharge from hospital. 6. Notify Borough Court Section concerned that DESK APPEARANCE TICKET has been issued, and provide the following information: a. DESK APPEARANCE TICKET serial number b. Return date c. Court to which DESK APPEARANCE TICKET is returnable d. Date and time of release of prisoner. DESK OFFICER/COUNTERPART 7. Have arresting officer notified. 8. Distribute DESK APPEARANCE TICKET as follows: a. Original copy in DAT ARREST PACKAGE (PD260-123) b. One photocopy each to defendant, arresting officer/complainant, and command file. 9. Make the following entries on ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) or ARREST REPORT - SUPPLEMENT WORKSHEET (PD244-1516): a. Return date of DESK APPEARANCE TICKET b. DESK APPEARANCE TICKET serial number c. Court to which returnable. NOTE: Forward DAT ARREST PACKAGE with required paperwork as per P.G. 208-27, "Desk Appearance Ticket - General Procedure." ARRESTING OFFICER 10. Determine on day prior to return date if prisoner is still hospitalized. a. Ascertain approximate date of discharge, if still confined. 11. Notify borough court section supervisor if prisoner remains hospitalized. BOROUGH COURT SECTION SUPERVISOR 12. Request adjournment to a day subsequent to prisoner's tentative release from the hospital. 13. Direct roll call clerk of arresting officer's command to notify arresting officer of adjourned date. ROLL CALL CLERK 14. Make entry in command diary and notify arresting officer of new court date, if required to appear. DESK OFFICER WHERE HOSPITAL IS LOCATED 15. Have defendant notified of adjourned date. ADDITIONAL DATA If prisoner is ineligible for a DESK APPEARANCE TICKET, he/she may be issued a DESK APPEARANCE TICKET providing he/she can post bail. If the hospitalized prisoner is confined outside the precinct of record, the desk officer/counterpart will notify the precinct where hospital is located that he/she has accepted bail (see P.G. 210-09, "Bail"). The member guarding the prisoner will fingerprint him/her, if required. RELATED PROCEDURES Desk Appearance Ticket - General Procedure (P.G. 208-27) Bail (P.G. 210-09) Hospitalized Prisoners (P.G. 210-02) FORMS AND REPORTS ARREST REPORT - SUPPLEMENT WORKSHEET (PD244-1516) DAT ARREST PACKAGE (PD260-123) DESK APPEARANCE TICKET ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-33 This Procedure Intentionally Left Blank Date Effective: 01-01-00 P.G. 208-34 Bribery Arrest By Uniformed Members Of The Service Date Effective: 08/01/13 PURPOSE To assist a uniformed member of the service who effects an arrest for bribery from time of arrest to final disposition of case. PROCEDURE When a bribe has been offered and circumstances do not permit prior consultation with a member of the Internal Affairs Bureau: ARRESTING OFFICER 1. Make summary arrest and follow appropriate arrest processing guidelines. NOTE: In situations where subsequent arrest for bribery is made after the original arrest charge has been processed, (i.e., arrest number has been generated), but prior to the prisoner being arraigned, an ARREST REPORT SUPPLEMENT (PD244-157) must be prepared describing the circumstances surrounding the additional charge of bribery. 2. Notify desk officer/supervisor. DESK OFFICER/SUPERVISORY MEMBER 3. Confer with Legal Bureau if: a. Legality of charges are in doubt b. Immediate legal assistance is required. NOTE: If Legal Bureau is closed, call Operations Unit to arrange a consultation with a Department Attorney. 4. Notify Internal Affairs Bureau, Command Center (212) 741-8401. I.A.B. COMMAND CENTER 5. Record information including: a. Internal Affairs Bureau log number b. Date of arrest c. Precinct of arrest d. Prisoner's name and address e. Charge f. Description of circumstances which led to arrest and any other violation of law. 6. Advise desk officer/supervisory member to contact appropriate Bureau/Borough Investigations Unit for technical assistance. DESK OFFICER/SUPERVISORY MEMBER 7. Notify lieutenant platoon commander. NOTE: The precinct commander/duty captain will be notified and perform the duties of the lieutenant platoon commander if the platoon commander is unavailable. LIEUTENANT PLATOON COMMANDER 8. Interview arresting officer. 9. Prepare seven copies of report of arrest on Typed Letterhead addressed to Chief of Department. a. Forward original copy of report direct to the Chief of Department via Department mail. b. FAX copy of the report of arrest to Internal Affairs Bureau, Command Center at (212) 741-8408. c. Retain remaining copies at precinct desk pending result of the initial arraignment. NOTE: All copies of the report MUST include the Internal Affairs Bureau log number. 10. Notify precinct commander/duty captain, who will review actions taken by the precinct platoon commander. ARRESTING OFFICER 11. Confer with immediate supervisor and/or Integrity Control Officer concerned, prior to pre-arraignment. ARRESTING OFFICER AND SUPERVISORY MEMBER/I.C.O. 12. Consult with Assistant District Attorney to insure that bribery or related offense is charged in complaint. ARRESTING OFFICER 13. Notify desk officer/supervisor when affidavit has been completed of: a. Name of Assistant District Attorney b. Charge(s) entered on complaint. I.C.O. OF MEMBER CONCERNED 14. Ascertain the following information through the borough Court Section after prisoner has been arraigned: a. Arraignment date b. Judge c. Court docket and NYSID numbers d. Disposition including adjournment date e. Grand Jury date, if any. 15. Enter additional information (steps 13 and 14 above) by endorsement on remaining copies of report of arrest held at desk (see step 9). 16. Forward copies of report as follows: a. First copy direct to the Chief of Department (Chief of Department reviews and forwards to Personnel Bureau) b. Second copy direct to Chief of Internal Affairs c. Third copy direct to Commanding Officer, Employee Relations Section d. Fourth copy to the Chief of Department, through channels e. Fifth copy to commanding officer of arresting officer f. Sixth copy - file. ARRESTING OFFICER 17. Maintain a record of all court appearances regarding bribery or related offenses/arrests including: a. Date of hearing b. Court docket number c. Name of Assistant District Attorney at each appearance d. Disposition. 18. Report information to commanding officer after each court appearance. NOTE: Commanding officers of uniformed members of the service who effect bribery arrests will be responsible for the follow-up and final disposition reports. COURT SECTION CONCERNED 19. Render assistance to arresting officer and duty captain/supervisor, when necessary. I.C.O. OF MEMBER CONCERNED 20. Record information as received and file in folder marked "Arrests by Uniformed Members of the Service Regarding Bribery and Related Offenses." 21. Forward copy of report to member's new commanding officer who assumes responsibility for: a. Maintaining file in folder b. Adding new information received c. Forwarding reports as required. COMMANDING OFFICER OF MEMBER CONCERNED 22. Prepare a consolidated report on Typed Letterhead upon receipt of final disposition and include a complete history of case and court appearances for: a. Police Commissioner b. Chief of Department c. Chief of Internal Affairs. WHEN AN ASSISTANT DISTRICT ATTORNEY REFUSES TO CHARGE BRIBERY IN THE COMPLAINT: ARRESTING OFFICER 23. Notify the precinct commander/duty captain. PRECINCT COMMANDER/DUTY CAPTAIN 24. Respond to command of arrest/designated arrest processing facility and confer with Assistant District Attorney and arresting officer. a. Confer with supervising Assistant District Attorney if not in agreement with Assistant District Attorney. ARRESTING OFFICER 25. Obtain signed copy of Decline Prosecution Report if bribery or related offense is only charge and Assistant District Attorney refuses to draw complaint. a. Make complete entry of facts in ACTIVITY LOG (PD112-145) or INVESTIGATOR'S DAILY ACTIVITY REPORT (PD439-156), as appropriate. b. Comply with instructions of Assistant District Attorney and court personnel if a civilian complainant desires to appear before a judge. c. Secure release of prisoner from detention pen when ordered by Assistant District Attorney and Decline Prosecution Report is obtained. d. Immediately notify Court Section supervisor concerned and be guided by his/her instructions, if prisoner has already been removed to courthouse. COURT SECTION SUPERVISOR 26. If prisoner is being secured in courthouse detention areas: a. Request FAX copy of Decline Prosecution Report from arresting officer. b. Verify its contents with assigned Assistant District Attorney upon its receipt. c. Have prisoner released expeditiously. d. Make appropriate Command Log and OLPA "Notepad" entries. ARRESTING OFFICER 27. Notify Internal Affairs Bureau, Command Center, of results. 28. Deliver Decline Prosecution Report to commanding officer. COMMANDING OFFICER OF MEMBER CONCERNED 29. Review Decline Prosecution Report. a. Sign rear of Decline Prosecution Report signifying inspection b. Have Decline Prosecution Report filed with OLBS ARREST WORKSHEET (PD244-159) in member's command. 30. Prepare DECLINE PROSECUTION ARREST CASE REPORT (PD244-1515), if necessary. ADDITIONAL DATA A commanding officer who believes a subordinate member of his/her command has participated in an act reflecting high integrity that deserves recognition will forward three copies of a report describing all the facts, including results, to the Integrity Review Board, through the Personnel Bureau. RELATED PROCEDURES Release Of Prisoners - General Procedures (P.G. 210-13) Attempted Bribery Of Uniformed Member Of The Service (P.G. 208-35) Release Of Prisoners At The Complaint Room At The Direction Of Assistant District Attorney (P.G. 210-16) Boards And Committees (O.G. 101-23) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ARREST REPORT - SUPPLEMENT (PD244-157) DECLINE PROSECUTION ARREST CASE REPORT (PD244-1515) INVESTIGATOR'S DAILY ACTIVITY REPORT (PD439-156) OLBS ARREST WORKSHEET (PD244-159) Decline Prosecution Report Typed Letterhead P.G. 208-35 Attempted Bribery Of Uniformed Member Of The Service Date Effective: 08/01/13 PURPOSE To develop or secure corroborating evidence in attempted bribery cases. PROCEDURE Upon being offered a bribe, particularly a future bribe and corroborating evidence may be developed: UNIFORMED MEMBER OF THE SERVICE 1. Notify desk officer/supervisor as soon as possible. a. If not possible, call the Internal Affairs Bureau, Command Center, ([212] 741-8401), twenty-four hours a day, seven days a week. DESK OFFICER/SUPERVISOR NOTIFIED 2. Inform Internal Affairs Bureau, Command Center, of offer and any related arrangements I.A.B. COMMAND CENTER 3. Record notification. a. Assign log number. UNIFORMED MEMBER OF THE SERVICE 4. Record facts in ACTIVITY LOG (112-145) or INVESTIGATOR'S DAILY ACTIVITY REPORT (PD439-156), as appropriate. DESK OFFICER/SUPERVISOR 5. Be guided by recommendations of the Internal Affairs Bureau, Command Center, regarding: a. Action to be taken b. Whether any technical and tactical assistance will be provided. 6. Notify bureau/borough Investigations Unit concerned and request necessary assistance. RELATED PROCEDURES Bribery Arrest by Uniformed Members of the Service (P.G. 208-34) FORMS AND REPORTS ACTIVITY LOG (112-145) INVESTIGATOR'S DAILY ACTIVITY REPORT (PD439-156) P.G. 208-36 Family Offenses/Domestic Violence Date Effective: 02-06-14 PURPOSE To process family offenses and other offenses that occur between family/household members as per the Family/Household - Expanded Definition. DEFINITIONS COMPLAINANT/VICTIM - For purposes of this procedure ONLY, is limited to a person described in subdivisions "a" through "h" below: FAMILY/HOUSEHOLD (AS DEFINED IN FAMILY COURT ACT) - includes persons who: a. Are legally married to one another b. Were formerly legally married to one another c. Are related by marriage (affinity) d. Are related by blood (consanguinity) e. Have a child in common regardless of whether such persons have been married or have lived together at any time f. Are not related by consanguinity (blood) or affinity (marriage) and who are, or have been, in an intimate relationship regardless of whether such persons have lived together at any time NOTE: A common sense standard regarding the totality of the circumstances involving the relationship should be used to determine if an "intimate relationship" exists. Factors a member of the service may consider in determining whether a relationship is an "intimate relationship" include but are not limited to: the nature or type of relationship (the relationship between the involved parties does not have to be sexual in nature to be considered "intimate"); the frequency of interaction between persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals solely in a business, educational, or social context shall be deemed to constitute an "intimate relationship." If unable to determine if the relationship in question is an "intimate relationship," the member of the service concerned will request the response of the patrol supervisor. Additional factors that may assist in determining the intimacy of a relationship include, but are not limited to: amount of time spent together in either a work or leisure related capacity, shared expenses and/or finances, extent of interaction with family members, etc. All members of the service are reminded that their primary responsibility is to ensure the immediate and future safety of all parties involved in domestic violence incidents." FAMILY/HOUSEHOLD (NYPD EXPANDED DEFINITION) - includes subdivisions "a" through "f" above, AND persons who: g. Are currently living together in a family-type relationship h. Formerly lived together in a family-type relationship. A family/household thus includes: "common-law" marriages, same sex couples, registered NYC domestic partners, different generations of the same family, siblings, in-laws, persons involved in "intimate relationship", and persons who live or have lived together in a family-type relationship. OFFENSE - Conduct for which a sentence to a term of imprisonment or to a fine is provided (felony, misdemeanor, or violation). FAMILY OFFENSE - Any act which may constitute the following and is committed by one member of the same family/household, AS DEFINED IN THE FAMILY COURT ACT (subdivisions "a" through "f" above), against another: a. Harassment 1st or 2nd degree b. Assault 2nd degree or Attempt c. Disorderly Conduct (including acts amounting to Disorderly Conduct NOT committed in a public place) d. Aggravated Harassment 2nd degree e. Assault 3rd degree or Attempt f. Reckless Endangerment g. Menacing 2nd or 3rd degree h. Stalking (1st, 2nd, 3rd, and 4th degrees) NOTE: The law also adds the crimes of Stalking in the first through fourth degrees to the list of criminal convictions which will subject an offender to automatic suspension or revocation of a pistol license by the Criminal or Family Court. i. Sexual Misconduct j. Forcible Touching k. Sexual Abuse 3rd degree l. Sexual Abuse 2nd degree when committed against a victim incapable of a factor other than being less than seventeen years old m. Criminal Mischief (all degrees) n. Strangulation 1st or 2nd degree o. Criminal Obstruction of Breathing or Blood Circulation. p. Identity Theft (1st, 2nd and 3rd degrees) q. Grand Larceny (3rd and 4th degrees) r. Coercion 2nd degree (subdivisions 1, 2, 3). ORDER OF PROTECTION - An order issued by the New York City Criminal Court, New York State Family Court, or the New York State Supreme Court, requiring compliance with specific conditions of behavior, hours of visitation and any other condition deemed appropriate by the court of issuance. An Order of Protection may also be issued by the Supreme Court as part of a separation decree, divorce judgment, annulment, or as part of a court order in a pending separation, divorce, or annulment action. PROBABLE CAUSE - A combination of facts, viewed through the eyes of a uniformed member of the service, which would lead a person of reasonable caution to believe that an offense is being or has been committed. The "probable cause" standard applied in family offense/domestic violence offenses IS NO DIFFERENT from the standard applied in other offenses and may be met by evidence other than the statement of the complainant/victim. CONCURRENT JURISDICTION - Concurrent jurisdiction exists when different courts have jurisdiction over the same subject matter within the same territory. Both Criminal Court and Family Court have concurrent jurisdiction when: a. A family offense (as defined above) has been committed; AND b. A family/household relationship as defined in the Family Court Act "a" through "f" above (and NOT including the NYPD expanded definition) exists between the offender and the victim; AND c. The offender is sixteen years of age or older. NOTE: All three of the above elements must exist for both Family Court and Criminal Court to have jurisdiction at the same time. If either of the first two elements are not met, the complainant MUST go to Criminal Court. If the first two elements are met, but the offender is less than sixteen years of age, the complainant must go to Family Court. WHEN CONCURRENT JURISDICTION EXISTS: Advise complainants/victim that: a. There is concurrent jurisdiction with respect to family offenses in both Family Court and the Criminal Courts; b. A Family Court proceeding is a civil proceeding and is for the purpose of attempting to stop the violence, end the family disruption and obtain protection. Referrals for counseling or counseling services are available through probation for this purpose; c. A proceeding in the Criminal Courts is for the purpose of prosecution of the offender and can result in a criminal conviction of the offender; d. A proceeding or action subject to the provisions of Family Court Act, Section 812, is initiated at the time of filing of an accusatory instrument or Family Court petition, not at the time of arrest, or request for arrest, if any; e. An arrest may precede the commencement of a Family Court or a Criminal Court proceeding, but an arrest is not a requirement for commencing either proceeding; however, that the arrest of an alleged offender shall be made under the circumstances described in subdivision four of Section 140.10 of the Criminal Procedure Law. PROCEDURE When members of the service respond to, or are notified of, any incident involving members of the same Family/Household (NYPD EXPANDED DEFINITION): UNIFORMED MEMBER OF THE SERVICE 1. Obtain medical assistance if requested or the need is apparent. 2. Ascertain all facts. a. Interview persons involved SEPARATELY. b. Interview and record names of any witnesses present at time of occurrence. c. Collect evidence and record statements of persons present (e.g., admission by offender during dispute). d. Take photographs using the domestic violence digital camera in all cases where a victim has visible injuries and/or damaged property as a result of domestic violence. Photographs will be uploaded into the Domestic Violence Digital Photo Database as per P.G. 208-39, "Family Offenses/Domestic Violence (Digital Photography of Visible Injuries/Damaged Property)." Other domestic violence evidence (i.e., weapons, clothing, etc.) must be vouchered in accordance with P.G. 218-01, "Invoicing Property - General Procedure". NOTE: If the complainant/victim appears to have difficulty understanding/communicating in English, the member of the service concerned should comply with P.G. 212-90, "Guidelines for Interaction with Limited English Proficient (LEP) Persons." If the complainant/victim appears to be hearing impaired, the member of the service concerned should comply with P.G. 212-104, "Interaction with Hearing Impaired Persons." Members of the service are reminded that family members should not be used to interpret in a domestic incident due to potential partiality. Family members may only be temporarily used for interpretation in domestic incidents in life-threatening situations when there is no other feasible alternative. Once the situation is stabilized, a bilingual member of the service or the telephonic interpretation service should be used to verify the details of the domestic incident. As possible victims or witnesses to an incident, children may be interviewed; however, whenever feasible, children should not be used as an interpreter for any kind of police incident, including domestic violence. The alleged offender in any type of incident, including domestic violence, should not be used as an interpreter. 3. Determine whether: a. Probable cause exists that any offense has been committed b. An Order of Protection has been obtained by complainant/victim c. The offense constitutes a FAMILY OFFENSE d. There are children present in the home who may be victims of neglect, abuse, or maltreatment. (1) If a member REASONABLY SUSPECTS a child less than eighteen is abused, neglected or maltreated and continued presence in the household presents an imminent risk to the child's physical or mental health, request the patrol supervisor to respond, prepare REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154), and notify the State Central Registry as outlined in P.G. 215-03, "Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children." NOTE: Willful failure to make such notification is a Class "A" Misdemeanor. Further, civil liability may result for the damages caused by such failure. (2)If probable cause exists that a crime has been committed against a child, the perpetrator will be arrested, and no DESK APPEARANCE TICKET (PD260-121) or stationhouse bail will be issued. WHEN OFFENDER HAS DEPARTED SCENE PRIOR TO ARRIVAL OF POLICE: 4. Conduct search of immediate vicinity for offender when: a. Probable cause exists that a crime has been committed OR an Order of Protection has been violated, AND b. Uniformed member of the service has reason to believe that such search might yield positive results. 5. Advise complainant/victim to call police when offender returns, if search produces negative results and follow reporting procedures as set forth below. WHEN COMPLAINANT/VICTIM INDICATES THAT AN ORDER OF PROTECTION HAS BEEN OBTAINED: 6. Request complainant/victim to produce Order of Protection. a. If Order of Protection cannot be produced, use the Central Records Division intranet database application to do a search for all Orders of Protection issued by a New York City based court. If the computer system is down, or for Orders of Protection issued outside New York City, telephone Central Records Division, Identification Section to verify that an Order of Protection was issued, court of issuance, specific conduct prohibited and the expiration date. b. If the Identification Section reports that there are no Orders of Protection on file pertaining to the complainant/victim, telephone the precinct of occurrence and request a member of the service authorized to operate the FINEST System to conduct an Order of Protection database inquiry. c. In the event the precinct of occurrence is unable to conduct the inquiry, request the Communications Section dispatcher to conduct the inquiry. IF OFFENDER IS PRESENT OR THE SEARCH FOR THE OFFENDER WAS SUCCESSFUL AND THERE IS PROBABLE CAUSE THAT ANY FELONY HAS BEEN COMMITTED OR AN ORDER OF PROTECTION HAS BEEN VIOLATED: 7. Arrest offender even if complainant/victim requests that offender not be arrested. a. When an Order of Protection is violated and the act that violates the order is an offense, offender must be charged with that offense in addition to the appropriate charge for the violation of the Order of Protection. b. In all cases, whether the Order of Protection was issued by Family Court, Supreme Court, or Criminal Court, and whether the violation of the Order of Protection also constitutes an offense or not (e.g., offender in proximity to complainant's residence or place of employment is not an offense in and of itself but does violate an Order of Protection), the violation of the Order of Protection shall be charged as the Penal Law crime of Criminal Contempt, or Aggravated Criminal Contempt, as appropriate, and the offender brought to Criminal Court. NOTE: Under the federal 1994 Violence against Women Act, Orders of Protection issued by courts of other jurisdictions (other states, U.S. territories, tribal jurisdictions), in cases of domestic violence covered by this procedure, may be enforced in New York State. If the particular out-of-state Order of Protection is available, and otherwise appears to be valid on its face (i.e., not expired, signed by a judge or justice of a court), and there is probable cause to believe that the Order of Protection has been violated, and that the offender had notice of the order and an opportunity to be heard, uniformed members of the service will arrest the offender and charge him or her with either Criminal Contempt in the second degree (Penal Law Section 215.50 (3)), Criminal Contempt in the first degree (Penal Law section 215.51 (b), (c), or (d)), or Aggravated Criminal Contempt (Penal Law section 215.52), as appropriate. In order to charge any of the criminal contempt charges above, for a violation of either an in-state or out-of-state Order of Protection, there must be a showing that the offender had "notice" of the issuance of the Order of Protection, either because he or she was present in court when the Order was issued or because he or she was duly served with the Order. In order to establish probable cause that the offender had notice, uniformed members of the service should ask the offender if he or she knew of the Order and if necessary ask the complainant/victim to verify that the offender had knowledge of the Order. Additionally, if such is deemed necessary, uniformed members of the service may call the court that issued the Order during normal business hours to seek further information. In the case of out-of-state Orders of Protection, there is an additional requirement that the offender has had or will shortly have an opportunity to be heard. This essentially means that the offender was notified of a date to appear in the particular court in order to respond to the issuance of the Order. In order to take enforcement action, probable cause as to any of the following must exist: a. The offender appeared in court in response to issuance of the Order of Protection, b. The offender was served with notice to appear, in response to the issuance of the Order of Protection and failed to appear, or c. The offender was served with an Order of Protection with a notice to appear before the court within thirty days of the issuance of the Order of Protection. The inquiries set forth in the preceding paragraph may be used to establish the existence of this element of probable cause. In cases in which the Order of Protection is not produced by the complainant/victim, in addition to the procedure set forth in step six "6," above, uniformed members of the service shall inquire whether a record of the Order exists on the statewide registry of Orders of Protection or the protection order file maintained by the National Crime Information Center (NCIC). However, the presence of the Order on any file shall not be required for enforcement of the order, provided that the uniformed member of the service has probable cause to believe that the Order is in existence through credible information supplied by the complainant/victim or other reliable source. When an offender is arrested for violating any Order of Protection, his or her arrest will, in ALL cases, be processed in New York City Criminal Court, regardless of the court that issued the order. The offender will be charged with the appropriate criminal contempt charge. The offender will also be charged with any pertinent criminal offense for which probable cause exists. When an arrest is made for violation of a Family Court Order of Protection, the complainant/victim will be advised that he or she has a right to proceed independently in Family Court by filing a petition. However, uniformed members of the service are required to bring the offender before the local criminal court. WHEN THERE IS PROBABLE CAUSE THAT ANY MISDEMEANOR HAS BEEN COMMITTED, IN OR OUT OF THE UNIFORMED MEMBER'S PRESENCE, OR A VIOLATION HAS BEEN COMMITTED IN THE UNIFORMED MEMBER'S PRESENCE: 8. Arrest offender. a. Under the Criminal Procedure Law, a uniformed member of the service must arrest the offender, unless the victim specifically states, on his or her own initiative, that he or she does not want the offender arrested. The uniformed member of the service shall not ask the victim if he or she wants to have the offender arrested. The uniformed member of the service retains the discretion to make an arrest in a misdemeanor case, despite the victim's decision not to seek an arrest. NOTE: The primary considerations when the complainant/victim does not want an arrest are the prevention of further violence and the safety of ALL household members. Factors to be taken into consideration include, BUT ARE NOT LIMITED TO: a. The past history of the offender and victim (prior arrests, incidents, injuries sustained etc.). If possible, conduct an inquiry through the Precinct Domestic Incident Database. b. The uniformed member of the service's observations of the scene and victim. c. Statements of witnesses. d. Statements made by the offender (especially threats of suicide, homicide or other future violence). e. Threatened use of weapons, or the presence of or access to weapons by the offender. f. Mental and physical state of the offender (drug or alcohol intoxication, etc.). g. Presence of other household members who may be at risk, including the elderly. If an officer has any doubts about the continued safety of any household member, AN ARREST SHOULD BE EFFECTED. 9. Make an ACTIVITY LOG (PD112-145) entry if complainant/victim does not want an arrest for a misdemeanor or any violation committed in the uniformed member of the service's presence by family/household member. a. Request complainant/victim to sign log entry. b. Enter "Refused Signature" if complainant/victim will NOT sign entry. IN CROSS COMPLAINT SITUATIONS, WHERE THERE IS PROBABLE CAUSE TO BELIEVE THAT MORE THAN ONE FAMILY OR HOUSEHOLD MEMBER HAS COMMITTED A FAMILY OFFENSE MISDEMEANOR, IN OR OUT OF THE UNIFORMED MEMBER OF THE SERVICE'S PRESENCE IN A SINGLE DOMESTIC INCIDENT: 10. Attempt to identify the primary physical aggressor after considering the following criteria: a. The comparative extent of any injuries inflicted by and between the parties, b. Whether any of the parties are threatening or have threatened future harm against another party, family, or household member, c. Whether any of the parties has a prior history of domestic violence that the uniformed member of the service can reasonably ascertain, d. Whether any such person acted defensively to protect himself or herself from injury. NOTE: Where one party has committed a family offense misdemeanor against a family/household member in response to or in retribution for a crime committed against him or her in the past, the responding uniformed members of the service shall not determine who was the "Primary Physical Aggressor" and proceed as required by step "8," above. 11. Confer with the patrol supervisor. 12. Arrest the offender identified as the primary physical aggressor. a. If complainant/victim requests that offender not be arrested, the uniformed member may still effect the arrest. NOTE: Where there is reasonable cause to believe that both parties to a particular domestic violence dispute have committed family offense misdemeanors and the responding uniformed members of the service are unable to determine who, if anyone, was the primary physical aggressor, it would be lawful to arrest both parties. Further, even where the responding uniformed members of the service are able to determine who was the primary physical aggressor, both parties may, if appropriate, be arrested. The primary consideration when deciding whether to arrest other persons, in addition to the primary aggressor, is the prevention of further violence and the safety to ALL household members. Evaluate each complaint separately. Do not base a decision to arrest or not to arrest on the willingness of a person to testify or otherwise participate in a judicial proceeding. If a complainant/offender/victim requests that the offender not be arrested, the uniformed member of the service may still effect an arrest. The primary considerations when the complainant/offender/victim does not want an arrest to be made are the prevention of future violence and the safety of ALL household members. (See NOTE following step "8"). 13. Make an ACTIVITY LOG entry of: a. Factors that resulted in determination or inability to determine that a particular offender was the primary physical aggressor. b. Fact that the complainant/victim does not want an arrest to be made. (1) Request complainant/victim to sign ACTIVITY LOG entry (2) Enter "Refused Signature" if complainant/victim will not sign entry. WHEN THERE IS PROBABLE CAUSE THAT ANY VIOLATION HAS BEEN COMMITTED, NOT IN THE UNIFORMED MEMBER OF THE SERVICE'S PRESENCE: 14. Refer complainant/victim as follows: a. Family/Household members, as defined in Family Court Act, AND family offense violation, to: (1) Family Court (2) Summons Part - Criminal Court (if concurrent jurisdiction exists, complainant may go to either court or both.) b. Family/Household - Expanded Definition subdivisions "g" and "h" above and/or non-family offense violations - to Summons Part - Criminal Court. NOTE: A uniformed member of the service cannot effect an arrest for VIOLATIONS NOT COMMITTED IN HIS/HER PRESENCE, UNLESS such violation is specifically prohibited in a current Order of Protection issued to the complainant/victim. The proper charge is Criminal Contempt in the Second Degree, Penal Law Section 215.50(3), or Criminal Contempt in the First Degree, Penal Law Section 215.51(b [v]) or (c) (see step "7," subdivision "b," above). WHEN CONCURRENT JURISDICTION EXISTS: 15. Advise complainant/victim of the courts available to them and the purpose of each court as outlined in the "Definitions - Concurrent Jurisdiction" section. IN ALL CASES: 16. Advise complainant/victim of availability of shelter and other services by providing the 24 hour Domestic Violence Hotline number, as per the NYS Family Court Act. 17. Prepare New York State Domestic Incident Report (DIR) (DCJS 3221-02/2010) in ALL instances in which response to OR becoming apprised of an incident (e.g., altercation, disturbance, conflict, or dispute) involves members of the same Family/Household-Expanded Definition, or is an allegation of child abuse. a. If prepared in response to a radio run include SPRINT job number on form. b. List in the "Results of Investigation and Basis of Action Taken" section all factors that resulted in determination or inability to determine that a particular offender was the primary physical aggressor, when applicable. c. List any arrest or investigatory evidence invoiced, including photographs uploaded to the Domestic Violence Digital Photo database via PhotoManager, in the appropriate caption of the DIR. d. Ensure that the name and phone number of the precinct/PSA domestic violence prevention officer is printed on the bottom of the "Victim Rights Notice" (pink copy) attached to page "2" of the DIR. e. Insert tax registry number of reporting member of the service in caption entitled "Officer I.D." f. Give victim/complainant copy of both pages of the DIR (pink copies) and the "Victim Rights NOtice" (pink copy) to complainant/victim, if present. g. Inform all parties that they may be contacted by the precinct/PSA domestic violence prevention officer concerning this incident. h. Uniformed members of the service MUST ask persons present if there are any firearms (i.e., handgun, rifle, shotgun, etc.) in the residence, another location (i.e., business, car, other residence, etc.), and/or if the offender is know to possess or carry a firearm. NOTE: In cross complaint situations, a DIR shall be prepared for each complainant/victim. Every attempt should be made to have the complainant complete the "Statement of Allegations/Supporting Deposition" caption, regardless of what language he/she speaks or writes. DO NOT enter in "Statement of Allegations/Supporting Deposition" caption "Refused" or "Same as page 1" if the victim is unable to speak or write in English, unless the victim refuses. Always allow the victim to write in his/her primary speaking language if unable to write in English. If the need for an interpreter/translator arises, members of the service will comply with P.G. 212-90, "Guidelines for Interaction with Limited English Proficient (LEP) Persons" or P.G. 212-104, "Interaction with Hearing Impaired Persons," as appropriate. The member of the service preparing the DIR should note the victim's primary language in the appropriate box in the Victim/Party 1 section of the DIR. In addition, the member of the service should note the identity of any interpreter used in the "Investigation" section of the DIR." 18. Use radio code dispositions to finalize assignment: a. 10-90F(1) DIR Prepared/No Offense Alleged; Only to be used in those instances where the uniformed member of the service responded to a dispute which did not rise to the level of an offense; OR b. 10-90F(2) DIR Prepared/Unfounded c. 10-92F Arrest Effected/DIR Prepared d. 10-93F COMPLAINT REPORT/DIR Prepared. NOTE: These dispositions MUST be used to finalize any incident involving a Family/Household-Expanded Definition. Communications Section will NOT accept any other disposition code. If the assignment was initially categorized as other than signal 10-52, notify Communications Section dispatcher and use above codes to finalize the assignment. REPORTING PROCEDURE: MEMBER OF THE SERVICE 19. Prepare COMPLAINT REPORT (PD313-152) for each complainant/victim in addition to the DIR when complainant/victim alleges an OFFENSE has been committed between members of the same Family/Household-Expanded Definition, including the violation of an Order of Protection. Include in the "Details" section: a. Whether an Order of Protection is in effect b. Issuing court, and c. If offender not present, the possible location(s) of offender d. In cross-complaint situations, where an attempt to determine which offender was the "primary physical aggressor" is required, include a statement that the offender was the "primary physical aggressor." The COMPLAINT REPORT pertaining to the offender determined not to be the "primary physical aggressor" shall be CLOSED to "Patrol" and the "Details" section shall include a statement that the offender was determined not to be the "primary physical aggressor." NOTE: In cross-complaint situations requiring the preparation of two or more COMPLAINT REPORTS and where the responding uniformed members of the service are unable to determine which offender was the primary physical aggressor, the factors that resulted in the inability to make that determination must be included in the "Details" section of each COMPLAINT REPORT. 20. Enter in caption entitled "Unit Referred to": a. Precinct Detective Squad - when COMPLAINT REPORT is prepared for: (1) Felony(s) (2) Violation(s) of an Order of Protection (3) Misdemeanor(s). NOTE: The COMPLAINT REPORT MUST be classified as "open" in the above three circumstances, if an arrest is not made by patrol. However, in misdemeanor cases, close COMPLAINT REPORT only if complainant/victim does not want offender arrested and officer does not believe an arrest is warranted after considering criteria above. b. Court(s) victim was referred to in closed complaints. 21. Advise the victim of the following when concurrent jurisdiction applies, as per the Family Court Act: a. Difference between proceedings in each court b. Importance in selection of the appropriate court to process charge(s) and option to change from one court to the other, or proceed in both. 22. Make entry in ACTIVITY LOG regarding such advisement. DESK OFFICER 23. DO NOT issue a DESK APPEARANCE TICKET or stationhouse bail when any offense is committed and an arrest is effected involving members of the same Family/Household-Expanded Definition. 24. Verify accuracy and completeness of all required forms. 25. Have prisoner removed to borough Court Section facility to complete arrest process. 26. Ensure that digital photographs depicting domestic violence related evidence are taken for required cases and are uploaded into the Digital Photo database. DOMESTIC VIOLENCE PREVENTION OFFICER 27. Perform duties and process all DIR's as per P.G. 202-29, "Domestic Violence Prevention Officer." WHEN COMPLAINT REPORT IS CLASSIFIED AS OPEN AND REFERRED TO PRECINCT DETECTIVE SQUAD: DESK OFFICER 28. Forward all open complaints of domestic violence to the Detective Squad together with completed and signed photocopy of DIR. 29. Forward original DIR to the Precinct Domestic Violence Unit for prompt entry into the Domestic Incident Report database. ASSIGNED DETECTIVE 30. Immediately attempt to interview the complaint and obtain the facts of the case, confirm the name of the perpetrator and obtain all other necessary information (e.g., all involved addresses, nicknames, date of birth, cellular and landline telephone numbers, e-mail addresses, information regarding relatives and associates, etc.). 31. Conduct necessary computer checks (e.g., BADS, MSWS, etc.) regarding all involved persons and locations. 32. Activate an INVESTIGATION CARD (PD373-163) for a named perpetrator no later than the end of assigned tour regardless of whether the complainant was interviewed or whether a DIR was forwarded to the Detective Squad. a. Information regarding activated INVESTIGATION CARDS will be communicated/forwarded to the Precinct/Police Service Area (PSA) Domestic Violence Unit (DVU) daily. (1) The date, time and name of the person notified will be documented in the Enterprise Case Management System (ECMS). b. When an INVESTIGATION CARD is cancelled, the involved domestic violence unit will be notified. (1) The date, time and name of the person notified will be documented in the ECMS. 33. Confer with precinct/PSA domestic violence unit sergeant if named perpetrator cannot be immediately apprehended. a. Domestic violence prevention officer(s) will assist in the apprehension efforts within the confines of the precinct/PSA, if assigned. NOTE: The INVESTIGATION CARD will also be forwarded to the Domestic Violence Unit of the precinct/PSA of offender's residence. DETECTIVE SQUAD COMMANDER 34. Confer bi-weekly with the Precinct/PSA commanding officer and domestic violence unit sergeant regarding active and canceled domestic violence INVESTIGATION CARDS. DOMESTIC VIOLENCE PREVENTION OFFICER 35. Open a case in the Domestic Incident Report database. 36. Document all interactions with Detective Squad members in the case file utilizing the DIR database "case management" feature, in addition to inputting all other relevant data (i.e., related complaints, Domestic Incident Reports, home visits made, etc.). 37. Confer with the assigned detective prior to making a home visit involving a named perpetrator. 38. Effect arrest if named perpetrator is present during home visit. a. If the arrest involves a serious felony or a complex investigation, the assigned detective will assist the arresting domestic violence prevention officer concerned. 39. Notify the involved Precinct Detective Squad to cancel the INVESTIGATION CARD when named perpetrator is arrested. 40. Inform assigned detective of all attempts to locate named perpetrators. ASSIGNED DETECTIVE 41. Document all attempts made by the domestic violence prevention officer to locate named perpetrator in the ECMS. DETECTIVE ZONE COMMANDING OFFICER 42. Review all domestic violence INVESTIGATION CARDS and periodically confer with the precinct/PSA commanding officers to ensure that the proper notifications have been made. ADDITIONAL DATA The immediate apprehension of domestic violence offenders is of paramount importance. Joint efforts involving the Precinct Detective Squad and the precinct/PSA Domestic Violence Unit is the most effective way to expeditiously apprehend named perpetrators. Therefore, it is incumbent upon Detective Zone commanding officers and Precinct Detective Squad commanders to coordinate frequent joint operations/sweeps with the precinct/PSA commanding officer, special operations lieutenant and domestic violence unit sergeant to apprehend multiple named perpetrators. A uniformed member of the service will, when requested by a petitioner, assist in the service of an Order of Protection, summons, or petition. (Orders of Protection issued by the Family Court and delivered directly to the Department will be served according to P.G. 212-57, "Service Of Family Court/Supreme Court Orders Of Protection By Uniformed Members Of The Service"). To avoid unnecessary court appearances by uniformed members of the service who are requested by a petitioner to serve a respondent with an Order of Protection, summons, or petition, uniformed members of the service will prepare STATEMENT OF PERSONAL SERVICE (PD260-152). The uniformed member concerned will sign the STATEMENT OF PERSONAL SERVICE after completing all captions on the form. It is no longer sworn to before a supervisory officer. The original copy (white) will be given to the petitioner and the duplicate copy (blue) will be filed in the precinct of service. Domestic Incident Reports, are potential Rosario material, and must be maintained at the precinct of occurrence. If an arrest is effected, the arresting officer must ensure that the Assistant District Attorney is provided with a copy of the Domestic Incident Report prepared in regards to the incident. When requested, the domestic violence prevention officer will make all Domestic Incident Reports prepared regarding the person arrested available to an Assistant District Attorney. In violation cases referred to the Criminal Court - Summons Part, the complainant/victim must have the offender's address available for service of the summons. Misdemeanor cases should NOT be referred to the Criminal Court Summons Part. The preferred course of action is to advise the complainant/victim to contact the police on the next contact with the offender and request an arrest, presenting the Domestic Incident Report as proof of the previous complaint. Uniformed members of the service responding to a report of a domestic incident will question persons present about the existence of firearms in the household. Seize ANY firearms (including rifles and shotguns), and licenses/permits, if: (1) License holder is arrested, regardless of the charge; or (2) An Order of Protection exists against the licensee; or (3) When the incident involves physical force or the threat of physical force. When a uniformed member of the service reasonably believes that the presence of firearms at a location creates imminent risk of physical injury or serious physical injury, the following actions should be taken to remove the weapon from the location: (1) Seize illegally possessed firearm(s) and make an arrest. (2) Seize legally possessed firearm(s) when such weapons create imminent risk of physical injury or serious physical injury. (3) Voucher legally possessed firearms which are voluntarily surrendered by participants in domestic incidents. In all incidents involving pistol or permit holders, notify the License Division Incident Section and comply with "P.G. 212-118 Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits". License/permit holders must immediately notify the License Division, Incident Section, of any police incident in which they are involved. RELATED PROCEDURES Desk Appearance Ticket - General Procedure (P.G. 208-27) Invoicing Property General Procedure (P.G. 218-01) Unlawful Evictions (P.G. 214-12) Family Offenses and Domestic Violence Involving Uniformed or Civilian Members Of The Service (P.G. 208-37) Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children (P.G. 215-03) Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits (P.G. 212-118) Computerized Investigation Card System (P.G. 208-23) Domestic Violence Prevention Officer (P.G. 202-29) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) DESK APPEARANCE TICKET (PD260-121) STATEMENT OF PERSONAL SERVICE (PD260-152) INVESTIGATION CARD (PD373-163) New York State Domestic Incident Report (DCJS 3221-02/2010) P.G. 208-37 Family Offenses And Domestic Violence Involving Uniformed Or Civilian Members Of The Service Date Effective: 08-01-13 Family Offenses And Domestic Violence Involving Uniformed Or Civilian Members Of The Service PURPOSE To process domestic incidents involving uniformed or civilian members of the service. PROCEDURE When directed to respond on a radio run or assignment that is later deemed to be a family offense or domestic incident (as per the Department's expanded definition of Family/Household) involving uniformed or civilian members of the service: NOTE: Effective January 1, 1996, the Criminal Procedure Law mandates that an arrest be made when an officer establishes probable cause that any family offense misdemeanor has been committed, unless the victim, on his/her own volition, requests that an arrest not be made. The law prohibits a uniformed member of the service from inquiring whether the victim seeks an arrest of such person. In addition, uniformed members of the service are reminded that P.G. 208-36, "Family Offenses/Domestic Violence," sets out a mandatory arrest policy if a uniformed member of the service establishes probable cause that any felony has been committed or an order of protection has been violated. RESPONDING MEMBER OF THE SERVICE 1. Obtain medical assistance if requested or the need is apparent. 2. Ascertain the facts. 3. Ensure that the patrol supervisor is responding. NOTE: Communications Section will automatically direct the patrol supervisor to respond to the scene of all family-related incidents involving members of the service. A member of the service performing stationhouse duties who is apprised of a domestic incident involving a member of the service will notify the desk officer. The desk officer will ensure that the procedures outlined in this order are followed. PATROL SUPERVISOR 4. Comply with the provisions of P.G. 208-36, "Family Offenses/Domestic Violence." a. Direct the preparation of a New York State Domestic Incident Report (DCJS 3221) in all cases. (1) Give the last copy (pink) and the "Information to Victims of Domestic Violence" sheet (gold) to the complainant/victim. IN ALL CASES INCLUDING WHEN NO OFFENSE HAS BEEN ALLEGED: PATROL SUPERVISOR 5. Comply with P.G. 208-36, "Family Offenses/ Domestic Violence." 6. Apprise the parties of the availability of counseling (See Additional Data Statement). NOTE: When there is doubt as to who is the offender and who is the victim, or if there is a cross-complaint situation, the commanding officer/duty captain will be notified and will determine the course of action. WHEN THE MEMBER OF THE SERVICE IS A VICTIM: 7. Notify precinct commanding officer/duty captain who will ensure that appropriate action is taken and apprise parties of the availability of counseling. IF THE MEMBER OF THE SERVICE IS ALLEGED TO HAVE COMMITTED AN OFFENSE, IN ADDITION TO STEPS 5 AND 6, COMPLY WITH THE FOLLOWING STEPS: 8. Direct that a COMPLAINT REPORT WORKSHEET (PD313-152A) be prepared. NOTE: If a member of the service is arrested, comply with P.G. 206-11, "Member Of The Service Arrested - Uniformed Or Civilian." 9. Notify desk officer, precinct of occurrence. DESK OFFICER 10. Notify and confer with precinct commander/duty captain. 11. Notify Internal Affairs Bureau Command Center and obtain Log Number. a. Enter the IAB Log # in the "Details" section of the NYS Domestic Incident Report. b. Enter IAB Log # in the "Details" section of the COMPLAINT REPORT (IAB will determine the appropriate investigating command.) c. Enter the words "IAB Log #" and the corresponding Log # in the precinct Domestic Incident Report Log under the caption Precinct Serial #." Also, have entered the corresponding SPRINT number in the caption "SPRINT NO." (For the purposes of this procedure, Transit Bureau personnel will use the "CAD. NO." in place of the "SPRINT NO." for assignments that originate through Transit Bureau communications). d. Direct that the NYS Domestic Incident Report be entered into the Domestic Violence Database (including the IAB Log#). 12. Prepare report on Typed Letterhead in all cases even if offender was not present. Provide details of incident and include domestic violence referrals/counseling offered to the victim. Forward with copy of COMPLAINT REPORT and NYS Domestic Incident Report in a sealed envelope, as follows: a. Chief of Internal Affairs (original and canary copy of DIR). b. Commanding officer, member of the service involved. (If more than one member of the service is involved, send a copy of report to commanding officer of each.) c. Commanding officer, precinct of occurrence. (1) Maintain in confidential file. d. Commanding officer, borough investigations unit concerned. e. Commanding officer, borough investigations unit covering member's command, if different from "d." f. Commanding officers of: (1) Medical Division (2) Employee Management Division (immediately, by fax (3) Personnel Orders Section, if firearms are removed. NOTE: In situations where the complainant/victim is present at the stationhouse, the desk officer will ensure that only persons who are investigating the incident have access to the complainant/victim. No other copies or files relating to the investigation will be maintained in the precinct of occurrence other than in the commanding officer's confidential file. Victims of domestic violence may be referred to the following in an effort to provide appropriate victim services: NYC Victims Services (800) 621-HOPE (4673) NYS Coalition Against Domestic Violence (800) 942-6906 COMMANDING OFFICER/DUTY CAPTAIN 13. Commence an immediate investigation and take appropriate action as indicated by P.G. 208-36, "Family Offenses/Domestic Violence." a. Make a background inquiry through the Internal Affairs Bureau Command Center during the initial stages of an official investigation involving a member of the service and PRIOR to suspending, modifying or placing the member concerned on restricted duty pending evaluation of duty status. This conferral is to obtain background information that may assist in the investigation. All decisions regarding the investigation, as well as any resulting determination regarding the member's duty status, remain the responsibility of the commanding officer/duty captain concerned. b. If the offender is not present and further investigation is required, confer with the Internal Affairs Bureau and request assistance if needed. NOTE: Whenever notification of an incident involving a member of the service (uniformed or civilian) residing outside the City of New York is received, the appropriate duty captain will be responsible for conducting an investigation. All decisions concerning the initial investigation of the allegation remain the responsibility of the duty captain. Follow-up notifications concerning actions taken or anticipated will be made to update the Internal Affairs Bureau Command Center. COMMANDING OFFICER/M.O.S. INVOLVED 14. Review and maintain a confidential file of all reports regarding members of the service involved in domestic incidents. a. Confer with Internal Affairs Bureau or investigations unit concerned, regarding status of ongoing investigations. I.A.B. MEMBER CONCERNED 15. Determine immediately, if circumstances necessitate an investigation be conducted by Internal Affairs Bureau. a. In all other cases, refer the investigation to the investigations unit covering the borough of occurrence. INVESTIGATIONS UNIT, COMMANDING OFFICER 16. Designate a supervisory member of the unit to be a "Domestic Violence Investigator." 17. Ensure that the investigations unit is equipped with a Domestic Incident Report database. 18. Ensure that the NYS Domestic Incident Report has been entered into the Domestic Violence Database System. Conduct the Domestic Violence Database System Review process and finalize the DIR in the database. 19. Check the database for a record of prior domestic incidents. NOTE: In addition, confer with the integrity control officer of the subject's and victim's resident precincts to ascertain if other NYS Domestic Incident Reports have been prepared, (e.g., no allegation was alleged, etc.). Also, check with the investigations unit covering the command of the subject member of the service. 20. Confer with Internal Affairs Bureau to ascertain whether there exists any record of prior domestic violence incidents involving the subject member of the service. 21. Confer with the Domestic Violence Officer of the victims resident precinct/local police agency to ascertain if there are domestic violence services available and make appropriate referrals to the victim. Document referrals made in case folder. ADDITIONAL DATA An off-duty uniformed member of the service present at an unusual police occurrence (including family disputes and other incidents of domestic violence) in which the officer is either a participant or a witness is required to remain at the scene when feasible and consistent with personal safety and request the response of the patrol supervisor. In situations where remaining at the scene is not feasible, uniformed members are to notify the desk officer, precinct of occurrence. When the incident occurs outside the City of New York, the uniformed member of the service is to notify the Operations Unit. Counseling and other services are available for both members of the service and their families. Uniformed and civilian members or their families may contact any of the units listed below to obtain necessary services and referrals for counseling, shelter and other assistance: Family Counseling Unit Employee Relations Section Early Intervention Unit Counseling Service Unit Chaplains' Unit Psychological Services Section Sick Desk Sick Desk Supervisor NYPD HELPLINE Operations Unit (718) (212) (212) (212) (212) (718) (718) (718) (718) (212) 760-7665 374-5434 374-6730 489-0586 374-6472 760-7665 760-7600 760-7606 271-7777 374-5580 After hours, or in an emergency, contact the HELPLINE, Sick Desk or Operations Unit. In addition, the following non-Departmental programs and Domestic Violence Prevention Hotlines can provide referrals: New York City (Victims Services) NYS Coalition Against Domestic Violence National Coalition Against Domestic Violence PBA Membership Assistance Program Police Self Support Group 800-621-HOPE(4673) 800-942-6906 202-638-6388 888-267-7267 (718) 745-3345 RELATED PROCEDURES Employment Discrimination (P.G. 205-36) Family Offenses/Domestic Violence (P.G. 208-36) Threats To Members Of The Service (P.G. 212-31) Member Of The Service Arrested -Uniformed Or Civilian (P.G. 206-11) FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) New York State Domestic Incident Report (DCJS 3221) P.G. 208-38 New York State Order Of Protection Registry Date Effective: 08/01/13 PURPOSE To establish guidelines to be followed whenever a complainant claims to be the petitioner (possessor) of an active order of protection but is either unable to produce a copy of the order or produces one that is illegible, for the responding officer's review. PROCEDURE When a member of the service is informed by a complainant that he/she possesses an active order of protection, which has been violated, but is unable to produce a copy of that order. UNIFORMED MEMBER OF THE SERVICE 1. Ascertain from the complainant all available information concerning the order (e.g., court of issuance, date of issuance, the names, addresses and dates of birth of all parties concerned, etc.). NOTE: The above list of information to be obtained, if possible, from the complainant serves to aid the member accessing the system in verifying that the correct order has been located. Failure to obtain certain information from this list will not prevent the locating of a database file; an order can be located merely by entering the petitioner's (complainant's) name and date of birth. However, every attempt should be made to ascertain as much information as possible concerning the order and the parties to whom it pertains. [I.O. 38 s 03] 2. Telephone Central Records Division, Identification Section at (646) 610-5195 to verify that an Order of Protection was issued, court of issuance, specific conduct prohibited and the expiration date. 3. If the Identification Section reports that there are no Orders of Protection on file pertaining to the complainant/victim, telephone the precinct of occurrence and request a member of the service authorized to operate the FINEST System to conduct an Order of Protection database inquiry. a. In the event the precinct of occurrence is unable to conduct the inquiry, request the Communications Division dispatcher to conduct the inquiry. [I.O. 38 s 03] NOTE: The following information is obtainable through the database: a. Data relating to the person requesting the order of protection (name, address, date of birth, etc). b. Data relating to the person against whom the order runs (name, address, date of birth, etc). c. The terms and conditions of the order. d. Date and court of issuance, and date of expiration. e. Whether the respondent has been served with a copy of the order. f. Additional comments regarding the parties involved and unique terms of the order. It should be noted that the new state database will not contain orders of protection that have been issued prior to October 1, 1995. The Central Records Division intranet database application will be utilized to access information for all Orders of Protection issued by New York City based courts, as outlined in Patrol Guide procedure 208-36, "Family Offenses/Domestic Violence." WHEN THE COMPLAINANT INDICATES THAT THE ORDER WAS ISSUED PRIOR TO OCTOBER 1, 1995, OR A STATE DATABASE INQUIRY REVEALS THAT THERE IS NO ORDER ON FILE RELATING TO THE PARTIES CONCERNED UNIFORMED MEMBER OF THE SERVICE 4. Telephone Central Records Division, Identification Section, at (212) 374-5195 to verify the existence of the order. WHEN A STATE DATABASE INQUIRY REVEALS THAT THERE IS AN ACTIVE ORDER OF PROTECTION IN EFFECT 5. Verify that the order relates to the parties involved, naming the complainant as petitioner and the offender as the respondent. 6. Verify that the respondent has been previously served with a copy of the order. NOTE: In order to effect an arrest for violation of an order of protection, the member must have probable cause to believe the order was effectively served upon the respondent PRIOR to its violation. While a notation in the database file will provide the member with sufficient probable cause to believe the order was effectively served, the absence of such information in the database file will not automatically prevent the member from making the arrest. If the member, through alternative means, can verify that the order was properly served (e.g., an affidavit of service, an admission by the respondent that he/she was properly served, etc) then the arrest can be effected. 7. Determine whether there exists probable cause to believe that the terms of the order have been violated by the respondent. If probable cause does exist, comply with the applicable provisions of P.G. 208-36, "Family Offenses/Domestic Violence." ADDITIONAL DATA The fact that the order has not been properly served or that the specific terms of the order have not been violated will not prevent the member from effecting an arrest if the underlying conduct constitutes a crime. RELATED PROCEDURE Family Offenses/Domestic Violence (P.G. 208-36) P.G. 208-39 Family Offenses/Domestic Violence (Digital Photography Of Visible Injuries/Damaged Property) Date Effective: 08/01/13 PURPOSE To capture, catalog, store and maintain digital photographic evidence of visible injuries and/or damaged property as a result of domestic violence. SCOPE All precinct and police service area commands citywide are now able to digitally capture domestic violence photos and transmit them as a permanent record into the Domestic Violence Digital Photo Database. These images may then be instantly viewed by prosecutors at each borough's District Attorney's Office and the New York Law Department (Corporation Counsel) who will have access to the Domestic Violence Digital Photo Database. Prosecutors may then present digital images of domestic violence to judges at the time of arraignment, thereby strengthening the District Attorney's case. In addition, uniformed members acting in investigatory and support roles (Detective Bureau personnel, domestic violence prevention officers, etc.) will be able to view these photos prior to making further contact with the victim and/or offender. PROCEDURE Upon responding to the scene of a reported domestic violence incident: UNIFORMED MEMBER OF THE SERVICE 1. Comply with P.G. 208-36, "Family Offenses/Domestic Violence." 2. Determine if photographs must be taken. 3. Ascertain if the victim is willing to be photographed. a. Advise the victim that photographable evidence is crucial to future prosecutorial efforts and/or civil process such as divorce and child custody proceedings. b. If victim is not willing to be photographed, note refusal in ACTIVITY LOG (PD112-145), and if possible, have victim sign entry. 4. Notify the patrol supervisor and request that the domestic violence digital camera be brought to location. NOTE: Only the domestic violence digital camera should be used to capture domestic violence evidence. No other cameras are compatible with the domestic violence capture station located in the area of the precinct desk. PERSONAL PHOTOGRAPHIC EQUIPMENT (CAMERAS, CELL PHONES, HANDHELD COMPUTERS, ETC.) SHOULD NEVER BE USED TO CAPTURE DOMESTIC VIOLENCE EVIDENCE. The Domestic Violence Digital Photo Database will be the sole repository for photographs of all domestic violence evidence. PATROL SUPERVISOR 5. Respond to requested location with domestic violence digital camera and direct photographs be taken of complainant/victim (if willing) and scene, if appropriate. NOTE: Domestic violence prevention officers are also equipped with a digital camera. When working in the field, domestic violence prevention officers should respond to the scene where a domestic violence digital camera has been requested. UNIFORMED MEMBER OF THE SERVICE 6. Take digital photographs as necessary, including but not limited to: a. Visible injuries NOTE: Injuries may not be initially prominent, therefore it is crucial for domestic violence prevention officers and investigators to take follow-up photographs for bruises that appear at a later time. When a victim makes a complaint of substantial pain (Assault 3rd Degree), and there are no visible injuries, do not take photos. b. Damaged property c. Weapons d. Overall scene to illustrate items in disarray, indicating domestic violence or distress in home e. Other types of evidence (i.e., pictures of caller-id box for aggravated harassment or flowers/notes for stalking, blood on the clothes/hands or ripped clothing of the victim/perpetrator, etc.) f. Both pages (Data Sheet and Statement of Allegations written and signed by victim) of the completed New York State Domestic Incident Report (DCJS 3221-6/05) g. Photo of the victim from the waist up, providing context for the series of photos. NOTE: The digital camera is to be set at the highest resolution setting to maximize the quality of the photo with minimal file size. Each photo takes approximately one megabyte of data storage. Therefore, memory cards containing 256 megabytes of memory will be able to hold approximately 256 photos; those with 512 megabytes will hold around 512 photos, etc. The storage capacity of the camera enables members of the service to take as many photos as needed to depict any evidence and/or violence in the home. There is no longer a limit to the number of photos or "sets" of photos that can be taken in domestic violence cases. Do not set the digital camera memory to "internal memory." The camera must be set to capture photos on a memory card. Photos saved on the internal memory mode cannot be uploaded into the Domestic Violence Digital Photo Database. 7. Ensure that the phrase "DIGITAL PHOTOS" is documented on the "Evidence Collection" portion of the COMPLAINT REPORT WORKSHEET (PD313-152A) and the "Incident #" obtained from the first caption on the initial screen in the Domestic Violence Digital Photo Database is documented in "Invoice #" caption. a. This "Incident #" is used by personnel at the District Attorney's Office to retrieve digital photos during pre-arraignment. NOTE: Polaroid film will no longer be used to capture domestic violence evidence. Therefore, PROPERTY CLERK INVOICES (PD521-141) will no longer be used to voucher domestic violence digital photos. Domestic violence digital photos will be uploaded into the Domestic Violence Digital Photo Database and NOT vouchered. Members are reminded that the photographing of evidence does not substitute for the collection and invoicing of physical evidence (i.e., weapons, clothing, etc.). Members will adhere to Patrol Guide 218-01, "Invoicing Property - General Procedure" when invoicing physical evidence. 8. Ensure that the "Photo Section" of the New York State Domestic Incident Report is completed after the victim completes the "Statement of Allegations/Supporting Deposition" section located on page two of the Domestic Incident Report. ARREST PROCESSING OFFICER/ ARRESTING OFFICER/ ASSIGNED OFFICER 9. Upload all digital photos taken from the digital camera into the Domestic Violence Digital Photo Database by docking the camera and following the prompts from the system. NOTE: Domestic violence digital photos must be uploaded into the Domestic Violence Digital Photo Database by the arresting/assigned officer at the earliest opportunity. Digital photos are needed by the District Attorney's Office in arrest cases and by detective investigators on open cases. 10. Adhere to the following in all cases: a. Ensure that the Domestic Violence Digital Photo Database is logged on as DVCAM. No password is necessary. b. Place the camera on the docking station and press the space bar (camera can be on or off). c. Close the "Internal Memory" and "Picture Card" windows that appear. d. Click on the "Domestic Violence Camera" icon. e. If the pending box appears, close it and click on the "Capture" icon. f. Check off the appropriate relationship(s) to associate the specific domestic relationship. g. Answer all mandatory fields designated by an asterisk. h. Click on "add" to add photos. i. Click on photo thumbnails pertaining to the file, then click "OK" and await transfer of photos. j. Complete the captions located beneath the photos. k. Click on "Save" and the photos are now saved to the database. NOTE: Instructions for the use of the domestic violence digital camera and the uploading and hosting of domestic violence photos into the Domestic Violence Photo Database are maintained at the desk, the Command Reference Library, and are available on the Department Intranet Site. UNIFORMED MEMBER OF THE SERVICE 11. Make an ACTIVITY LOG entry indicating date, time, number of digital photos taken, name and tax number of the officer taking the photos, name and tax number of officer uploading the images, and the name of the Assistant District Attorney confirming receipt if arrest is effected. 12. Ensure the COMPLAINT REPORT (PD313-152) number is obtained and entered into the system as soon as practicable. 13. Print one copy of the image(s) using the thumbnail feature and attach it to the NYS Domestic Incident Report. DOMESTIC VIOLENCE PREVENTION OFFICER 14. Review all completed NYS Domestic Incident Reports, finalized COMPLAINT REPORT printouts, and the Domestic Violence Digital Photo Database daily to make certain that the digital photos for domestic violence were taken as necessary. 15. Perform follow-up with victims and take digital photos as necessary. 16. Host digital photos after the COMPLAINT REPORT has been finalized in the On Line Complaint System (OLCS). NOTE: Once hosted, information contained in the OLCS will automatically transfer to occupy captions in the Domestic Violence Digital Photo Database. ADDITIONAL DATA The uploading of domestic violence digital photos into the Domestic Violence Digital Photo Database does not require a unique password. The universal password "DVCAM" should be used to gain access to the system. Once uploaded, personnel at the District Attorney's Office can instantly view domestic violence digital photos. Therefore, arresting/assigned officers MUST upload any domestic violence photos from the camera into the database during arrest processing (arrest evidence) or prior to the end of their tour (non-arrest/investigatory evidence), whichever applies. The domestic violence camera and capture station must be maintained in the vicinity of the command desk. Commanding officers will ensure that digital cameras are accessible at all times. Desk officers will allow access to uniformed members of the service to upload/host digital photos into the Domestic Violence Digital Photo Database. When not in use, domestic violence digital cameras must be left on the docking station to maintain a charge. The docking station also serves as a conduit to upload domestic violence photos. The digital cameras assigned to the command are to be included in the commands computer self-inspection worksheet and inventory. MAINTENANCE OF THE DOMESTIC VIOLENCE DIGITAL PHOTO CAMERA DESK OFFICER 17. At the beginning of each tour: a. Inspect all domestic violence digital cameras assigned to patrol. b. Ensure docking station, cables and memory cards (check inside cameras) are operational. c. Make a Command Log entry of results. NOTE: If during inspection, cameras/related equipment are found to be inoperable, the desk officer will immediately notify the Domestic Violence Unit at 646-610-5970. The Domestic Violence Unit is open Monday though Friday, between 0600 and 1800 hours. However, a message must be left during non-office hours. Domestic Violence Unit personnel will return the call as soon as possible. In the event that the computer where the digital camera capture station resides becomes disabled/inoperable, the desk officer will immediately call the MISD Help Desk at (646)-610-6473 and the Domestic Violence Unit. An entry of these notifications will be made in the Telephone Record. If during inspection, the loss or theft of any domestic violence camera equipment is discovered, be guided by P.G. 219-20, "Loss or Theft of Department Property." PATROL SUPERVISOR 18. Make a Command Log entry when signing out or returning a domestic violence digital camera. DOMESTIC VIOLENCE PREVENTION OFFICER 19. Inspect all domestic violence digital cameras each day to ensure operability and that all photos are uploaded into the Domestic Violence Digital Photo Database. a. If upon inspection, any domestic violence cameras/related equipment are missing, lost or inoperable, notify the desk officer. DOMESTIC VIOLENCE SERGEANT 20. Ensure that digital photos are being taken with domestic violence digital cameras by first responding officers, as appropriate. 21. Take corrective action when necessary. TRAINING SERGEANT 22. Ensure that all uniformed members of the service assigned to the command are properly trained in the taking and uploading of domestic violence digital photos. RELATED PROCEDURES Family Offenses/Domestic Violence (P.G. 208-36) Invoicing Property - General Procedure (P.G. 218-01) Family Offenses and Domestic Violence Involving Uniformed Members of the Service (P.G. 208-37) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT WORKSHEET (PD313-152A) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) New York State Domestic Incident Report (DCJS 3221-6/05) P.G. 208-40 Intoxicated Or Impaired Driver Arrest Date Effective: 08-19-13 PURPOSE To process persons arrested for operating a vehicle while under the influence of alcohol or drugs. PROCEDURE Upon arresting a person for operating a vehicle while under the influence of alcohol or drugs: ARRESTING OFFICER 1. Request response of patrol supervisor. PATROL SUPERVISOR 2. Respond to scene and verify arrest. 3. Direct arresting officer to request Communications Section to dispatch Highway District personnel to testing location. a. Ensure time of arrest is stated when making a request. 4. Read CHEMICAL TESTING STATEMENT (PD244-111) to prisoner in presence of arresting officer, if prisoner has caused a serious physical injury or death to another individual or a serious physical injury to him/herself. a. Record prisoner's response in ACTIVITY LOG (PD112-145) b. Comply with P.G. 217-16, "Chemical Test Warrant Application," if prisoner refuses to submit to a chemical test. NOTE: If the prisoner has stated that he/she refuses to submit to a chemical test, members of the service will immediately comply with P.G. 217-16, "Chemical Test Warrant Application," and begin the process to obtain a chemical test warrant, if applicable. Members should be aware that any delay in applying for a chemical test warrant may result in a reduced alcohol concentration level when the chemical test is administered. 5. Direct arresting officer to remove prisoner, in a Department vehicle, to designated testing location. a. Assign adequate personnel to escort prisoner, depending on circumstances. NOTE: When a prisoner arrested for Driving While Intoxicated/Impaired is hospitalized, normal arrest procedures will be followed and the Highway District technician will respond to the hospital to conduct appropriate tests. 6. Have prisoner's vehicle removed to precinct of arrest for safeguarding. 7. Comply with P.G. 218-19, "Invoicing Vehicles/Property as Arrest/ Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner," if circumstances warrant seizure of vehicle. 8. Notify desk officer, precinct of arrest regarding details of arrest. 9. Inform desk officer, precinct of arrest to notify Operations Unit and request notification be made to District Attorney's Office, if prisoner has caused a serious physical injury or death to another individual or a serious physical injury to him/herself. a. Inform desk officer, precinct of arrest of prisoner's response to the CHEMICAL TESTING STATEMENT. NOTE: Regardless of the operator's decision to consent to a chemical test, a notification to the Operations Unit and the District Attorney's Office will be made when a serious physical injury or death has occurred to an individual or a serious physical injury has occurred to the operator. The arresting officer will keep the District Attorney's Officer apprised of the arrest process and will apply for a chemical test warrant if the prisoner subsequently refuses to submit to a chemical test at a later time. If the operator suffers a serious physical injury and no other person suffers a serious physical injury or death, a member of the service can not apply for a chemical test warrant for that operator. DESK OFFICER, PRECINCT OF ARREST 10. Make required entries in Command Log and on ROLL CALL (PD406-144) pertaining to arresting officer's post change and Department auto number of vehicle used to transport prisoner to testing location. 11. Contact Operations Unit and request a notification be made to District Attorney's Office, if prisoner has caused a serious physical injury or death to another individual or a serious physical injury to him/herself. a. Provide Operations Unit member with the following: (1) Arresting Officer's name, tax registry number, shield number and command (2) Prisoner's pedigree information (3) Desk telephone number of designated testing location. b. Make Telephone Record entry regarding notification. OPERATIONS UNIT MEMBER 12. Notify appropriate District Attorney's Office. 13. Provide assistant district attorney with the following: a. Arresting officer's name, tax registry number, shield number, and command b. Desk telephone number of designated testing location c. Prisoner's pedigree information. 14. Notify desk officer, precinct of arrest and provide assistant district attorney's name and telephone number. ARRESTING OFFICER 15. Conduct a thorough field search of prisoner prior to transportation. 16. Remove prisoner to designated testing location, and comply with pertinent arrest procedures. a. Arresting officer will invoice, as evidence, any credit card receipts from a recent stop from restaurants, bars, sporting events, etc., and any alcohol or alcohol container found on the prisoner. 17. Report, with prisoner, to desk officer at testing location. 18. Inform desk officer, testing location, if prisoner has caused a serious physical injury or death to another individual or a serious physical injury to him/herself. DESK OFFICER, TESTING LOCATION 19. Make entry in Command Log of: a. Identity of arresting officer and Department vehicle used b. Identity and pedigree of prisoner. 20. Verify that Highway District has been notified and responding. ARRESTING OFFICER 21. Prepare ON LINE SYSTEM ARREST WORKSHEET (PD244-159). 22. Record the following vehicle information in the "Narrative" section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET: a. The make, model, year and color of the vehicle operated by the defendant b. The license plate number of the vehicle operated by the defendant and the state the vehicle is registered in. (1) If the vehicle does not have a metal plate, the temporary or alternate plate will be recorded. NOTE: The above information will be recorded in the "Narrative" section of the ON LIVE BOOKING SYSTEM ARREST WORKSHEET even if the defendant was not the owner of the vehicle being operated at the time of arrest. The name and address (apartment number, if applicable) of the registered owner of the vehicle will be recorded in addition to the above. 23. Prepare INTOXICATED DRIVER EXAMINATION (ARRESTING OFFICER) - FIRST SHEET (PD244-154) and INTOXICATED DRIVER EXAMINATION (ARRESTING OFFICER) - SECOND SHEET (PD244-154B). DESK OFFICER, TESTING LOCATION 24. Review the ON LINE BOOKING SYSTEM ARREST WORKSHEET to ensure completeness and verify that information regarding the vehicle operated by the defendant is recorded for all Driving While Intoxicated or Impaired Driver arrests. I.D.T.U. TECHNICIAN 25. Complete captions on INTOXICATED DRIVER EXAMINATION INSTRUCTION SHEET (PD244-154A). 26. Comply with "Section One Chemical Test" on INTOXICATED DRIVER EXAMINATION INSTRUCTION SHEET. 27. Administer chemical test to prisoner, if applicable. NOTE: If the prisoner indicates the he/she will consent to the chemical test, then the test may be administered. 28. Conduct "Coordination Test" of prisoner, in presence of arresting officer, and complete appropriate captions on HIGHWAY DISTRICT - IDTU TECHNICIAN REPORT (PD321-149). NOTE: In the event that the examination of the prisoner cannot be videotaped, the desk officer, testing location, will supervise the examination. 29. Provide arresting officer with a copy of CHEMICAL TEST ANALYSIS (PD244-063). 30. Enter results of examination of prisoner in appropriate captions of HIGHWAY DISTRICT - IDTU TECHNICIAN TEST REPORT. a. Sign Form b. Desk officer of designated testing location will also sign form if examination was not videotaped. NOTE: If a prisoner, under the age of twenty-one, has a chemical; test reading of .02 of one per centum or more but not more than .07 of one per centum by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, the arresting officer and I.D.T.U. technician will comply with applicable provisions of P.G. 208-41, "Arrests - Person under Twenty-One Operating a Motor Vehicle after having Consumed Alcohol." 31. Distribute HIGHWAY DISTRICT - IDTU TECHNICIAN TEST REPORT as follows: a. WHITE - Court - with arresting officer for assistant district attorney, Complaint Room b. YELLOW - Arresting Officer c. BLUE - Highway District. NOTE: If a prisoner has consented to a chemical test, any samples taken will be witnessed, sealed, and marked by Highway District personnel and delivered to the Police Laboratory by the arresting officer to ensure chain of custody. IF PRISONER REFUSES CHEMICAL TEST OR ANY PORTION THEREOF AT ANY TIME 32. Prepare and sign Report of Refusal to Submit to Chemical Test (NYSDMV AA-134). a. Have arresting officer sign Report of Refusal to Submit to Chemical Test. 33. Distribute copies of Report of Refusal to Submit to Chemical Test as indicated on form. a. Arresting officer must bring two copies to court for the assistant district attorney when the complaint is drawn. NOTE: If prisoner refuses to submit to chemical test or any portion thereof, maintain the initial charge for which the prisoner was arrested unless new evidence warrants a change in charge. Arresting officer must be able to articulate circumstances which led to original charge of Intoxicated or Impaired Driving (e.g., witnessed prisoner operating vehicle, slurred speech, odor of alcohol on breath, etc.). After arraignment, the court will forward to the arresting officer a NOTICE OF SUSPENSION and/or NOTICE OF HEARING form with instructions to appear at a designated date, time and place for a hearing, which will be within fifteen days of the arraignment. Roll call will schedule the arresting officer accordingly. ARRESTING OFFICER 34. Notify assistant district attorney if prisoner refuses to submit to a chemical test and has caused serious physical injury or death to another. a. Comply with instructions from assistant district attorney and be guided by P.G. 217-16, "Chemical Test Warrant Application." DESK OFFICER, TESTING LOCATION 35. Enter chemical test reading, if performed, as reported by arresting officer on the ON LINE BOOKING SYSTEM ARREST WORKSHEET in the "Narrative" caption, and include: a. Rank, name and shield number of technician b. Date and time test conducted. 36. Determine charge against prisoner and enter on ON LINE BOOKING SYSTEM ARREST WORKSHEET. NOTE: When chemical test reading is inconsistent with the prisoner's intoxicated appearance, request prisoner to submit to testing for controlled substances. If prisoner refuses, follow steps "32" through "34" regarding chemical test refusal. Be guided by P.G. 210-13, "Release of Prisoners," if investigation discloses prisoner is apparently not intoxicated or impaired. ARRESTING OFFICER 37. Notify assistance district attorney if prisoner has any previous arrests for same crime within the past ten years. DESK OFFICER TESTING LOCATION 38. Ensure prisoner is transported to borough court section facility, as appropriate. ADDITIONAL DATA In arrest cases for Driving While Intoxicated/Impaired, where a vehicle collision is involved, a photocopy of the Police Accident Report (MV104AN) will be attached to the arrest papers and delivered by the arresting officer to the assistant district attorney in the Complaint Room. If photocopy machine is inoperable or out of order, an additional copy will be prepared for this purpose. Members assigned to a Patrol Borough Task Force, Driving While Intoxicated Unit who have been trained and certified as Intoxilyzer Technicians will perform the functions (testing, videotaping, etc.) which would normally be performed by Highway District Intoxicated Driver Testing Unit (I.D.T.U.) Technicians only for arrests for driving while intoxicated or driving while impaired effected by members of their own units (Patrol Borough Task Force D.W.I. Units). If a prisoner requests to consult with an attorney prior to submitting to a chemical test, he or she will be allowed such consultation provided it will not delay the administration of the test unnecessarily. It should be noted that the obligation to allow contact with an attorney is triggered only by the defendant's specific request to do so. If the prisoner requests to contact an attorney, ask the prisoner if he/she has the name and phone number of the attorney. If the prisoner does not have the phone number, provide the prisoner with a phone book (if available) and access to a telephone for a reasonable time (e.g., ten to fifteen minutes). There is no obligation to inform the prisoner prior to the test that he/she may consult with an attorney. In addition, members of the service assigned to the Intoxicated Driver Testing Unit will record the prisoner's request to consult with an attorney and the reason, if any, for denial of said request in their ACTIVITY LOG. If a prisoner requests to be tested for intoxication by his personal physician, the test will not be allowed until the Department testing has been completed. If the prisoner refuses the administration of a chemical test by this Department, he shall not be allowed to have a test be administered by his personal physician. The desk officer concerned will personally witness the test given by the physician and will direct that an entry be made in the "Narrative" section of the ON LINE BOOKING SYSTEM ARREST WORKSHEET and on the file copy of the HIGHWAY DISTRICT - IDTU TECHNICIAN TEST REPORT. The entry will include the name and address of the physician and the time and date the test was given. If the test is conducted at a detention or central booking facility, the desk officer thereat will make a telephone notification to the precinct of occurrence for the information of the arresting officer. When a prisoner arrested for Driving While Intoxicated/Impaired is hospitalized, normal arrest procedures will be followed and the Highway District technician will respond to the hospital to conduct appropriate tests. If a prisoner has consented to a chemical test, any samples taken will be witnessed, sealed, and marked by Highway District personnel and delivered to the Police Laboratory by the arresting officer to ensure chain of custody. A prisoner charged with violation of Vehicle and Traffic Law, Section 1192 subdivisions (1), (2), (3) or (4) shall not be eligible for a DESK APPEARANCE TICKET or stationhouse bail, unless such prisoner is hospitalized for more than twenty-four hours. Such prisoner may be issued a DESK APPEARANCE TICKET, if eligible, whether or not he submitted to a chemical test. However, under no circumstances will a prisoner charged with violation of Vehicle & Traffic Law, Section 1192 subdivisions (1), (2), (3) or (4) be issued a DESK APPEARANCE TICKET if he/she has caused serious physical injury or death to another. RELATED PROCEDURES Release of Prisoners - General Procedure (P.G. 210-13) Arrests - Persons under Twenty-One Operating a Motor Vehicle after Having Consumed Alcohol (P.G. 208-41) Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME) (P.G. 218-49) Chemical Test Warrant Application (P.G. 217-16) FORMS AND REPORTS CHEMICAL TESTING STATEMENT (PD244-111) ACTIVITY LOG (PD112-145) ROLL CALL (PD406-144) CHEMICAL TEST ANALYSIS (PD244-063) INTOXICATED DRIVER EXAMINATION (ARRESTING OFFICER) - FIRST SHEET (PD244-154) INTOXICATED DRIVER EXAMINATION (ARRESTING OFFICER) - SECOND SHEET (PD244-154B) INTOXICATED DRIVER EXAMINATION INSTRUCTION SHEET (PD244-154A) HIGHWAY DISTRICT - IDTU TECHNICIAN TEST REPORT (PD321-149) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) Report of Refusal to Submit to Chemical Test (NYSDMV AA-134) Police Accident Report (MV104AN) P.G. 208-41 Persons Under Twenty-One Operating A Motor Vehicle After Having Consumed Alcohol Date Effective: 10-16-13 PURPOSE To process persons detained pursuant to Section 1192-a of the Vehicle and Traffic Law, for the purpose of administering a chemical test. SCOPE Pursuant to Section 1192-a, police officers can temporarily detain a motorist younger than twenty-one years of age, for the purpose of administering a chemical test upon reasonable grounds to believe that the individual is operating a motor vehicle after having consumed alcohol. The statute defines reasonable grounds as: "The totality of the circumstances surrounding the incident which, when taken together, indicate that the operator was driving in violation of such subdivision (VTL 1192-a). Such circumstances may include any visible or behavioral indication of alcohol consumption by the operator, the existence of an open container containing or having contained an alcohol beverage in or around the vehicle driven by the operator, or any other evidence surrounding the circumstance of the incident which indicates that the operator has been operating a motor vehicle after having consumed alcohol at the time of the incident." PROCEDURE Upon detaining a person, under twenty-one years of age, for operating a motor vehicle after consuming alcohol: DETAINING OFFICER 1. Inform detainee of authority and cause of detention, unless physical resistance, flight, or other factors render this action impractical. 2. Handcuff detainee with hands behind back. 3. Immediately frisk detainee for weapons (NOT for evidence or contraband). 4. Remove detainee to stationhouse, precinct of occurrence. DESK OFFICER, PRECINCT OF OCCURRENCE 5. Verify that detaining officer made a lawful stop of detainee and that detainee violated Section 1192-a of the Vehicle and Traffic Law. 6. Direct detaining officer to request that Communications Division dispatch Highway District personnel to testing location. a. State time of detention when making request. NOTE: THE CHEMICAL TEST MUST BE ADMINISTERED WITHIN TWO HOURS OF THE START OF DETENTION. 7. Direct detaining officer to remove detainee, in a Department vehicle, to the designated testing location. (See P.G. 208-40, "Arrests - Intoxicated Or Impaired Driving"). a. Assign adequate personnel to escort detainee, depending on circumstances. 8. Make entry in Command Log of: a. Identity of detaining officer and Department vehicle used. b. Identity and pedigree of detainee. 9. Have detainee's vehicle removed to precinct of occurrence for safeguarding. NOTE: A vehicle may be released to licensed operator designated by the prisoner if: a. Vehicle not wanted on an alarm b. Vehicle not required as evidence c. Prisoner was in lawful possession d. Vehicle not subject to forfeiture If vehicle is not released within forty-eight hours, have vehicle removed to Property Clerk's storage facility. DETAINING OFFICER 10. Report with detainee, to desk officer at testing location. DESK OFFICER, TESTING LOCATION 11. Make Command Log entry of presence of detaining officer and detainee. 12. Verify that Highway District has been notified. I.D.T.U. TECHNICIAN 13. Utilize Zero Tolerance Instruction Sheet, and perform chemical test on detainee. UPON RECEIPT OF A BREATHALYZER OR INFRARED UNIT READING OF .02% THROUGH .05%, COMPLY WITH THE FOLLOWING STEPS DETAINING OFFICER 14. Prepare Notice of Hearing (Operating a Motor Vehicle After Consuming Alcohol) (AA-137A.1). 15. Select a hearing date two to thirty days subsequent to the test date, Monday through Friday, excluding legal holidays. NOTE: The hearing date must be compatible with the detaining officer’s schedule. The detainee will be directed to respond to the second floor of 19 Rector Street, New York, New York at 1300 hours on the date selected by the detaining officer. The detainee’s license will not be suspended pending the administrative hearing. I.D.T.U. TECHNICIAN 16. Provide the detaining officer and the detainee with a copy of the following: a. Zero Tolerance Instruction Sheet b. Instrument Calibration Sheet c. Operator Certification Sheet d. Notice of Hearing (Operating a Motor Vehicle After Consuming Alcohol). NOTE: The detaining officer will bring a copy of all documents/forms, listed in step 16, to the hearing, unless the hearing is waived. 17. Forward original and one copy of all documents/forms prepared to the Highway District concerned. NOTE: A member of the Highway District will forward original copy of all forms/documents prepared to the New York State Department of Motor Vehicles within twenty-four hours, and will have remaining copies of documents/forms filed in command. IF THE DETAINEE REFUSES THE CHEMICAL TEST DETAINING OFFICER 18. Prepare Notice of Chemical Test Refusal Hearing (Person Under Age 21) (DMV 137A) and Refusal to Submit to a Chemical Test (AA 134-a). 19. Select a hearing date two to thirty days subsequent to the test date, Monday through Friday, excluding legal holidays. NOTE: The hearing date must be compatible with the detaining officer's schedule. The detainee will be directed to respond to the second floor of 19 Rector Street, New York, New York at 1300 hours on the date selected by the detaining officer. 20. Distribute copies of Notice of Chemical Test Refusal Hearing and Refusal to Submit to a Chemical Test as follows: a. Original and one copy of each form to IDTU technician. b. One copy of each form to detainee. c. One copy of each form to detaining officer. I.D.T.U. TECHNICIAN 21. Forward original and one copy of Notice of Chemical Test Refusal Hearing and Refusal to Submit to a Chemical Test to the Highway District concerned. NOTE: A member of the Highway District will forward original copy of Notice of Chemical Test Refusal Hearing and Refusal to Submit to a Chemical Test to the New York State Department of Motor Vehicles within forty-eight hours, and will file one copy of each form in the command. The detainee's license WILL BE suspended by the New York State Department of Motor Vehicles, pending the refusal hearing. IF THE DETAINEE SUBMITS TO THE CHEMICAL TEST AND A READING OF .06% OR GREATER IS OBTAINED, OR A READING OF .04% OR HIGHER FROM A COMMERCIAL DRIVERS LICENSE (CDL) HOLDER OPERATING A COMMERCIAL VEHICLE I.D.T.U. TECHNICIAN 22. Advise the detaining officer of the reading. DETAINING OFFICER 23. Arrest detainee and charge the individual with the appropriate Vehicle and Traffic Law section, based upon the reading obtained pursuant to the 1192-a Chemical Test. 24. Conduct inquiry to determine the location from which the detainee was served. a. If positive information received, notify the Intelligence Bureau and comply with P.G. 212-12, "Citywide Intelligence Reporting System." NOTE: In addition to the above requirements, the detainee/arrestee will be processed in accordance with current arrest processing procedures as well as P.G. 208-40, "Arrests - Intoxicated Or Impaired Driving." ADDITIONAL DATA Since an individual who violates this statute is detained rather than arrested, an individual who resists detention or attempts to escape a lawful stop would be subject to arrest for Obstructing Governmental Administration (Section 195.05 of the Penal Law [A Misdemeanor]) rather than Resisting Arrest. If a detainee requests to be tested for intoxication by his personal physician, the test will not be allowed until the Department testing has been completed. If the detainee refuses the administration of a chemical test by this Department, he/she will not be allowed to have a test administered by a personal physician. The desk officer, testing location, will personally witness the test given by a physician and will direct that the detaining officer document the following information on the file copy of the Zero Tolerance Instruction Sheet: name, address, telephone number of physician, and the date and time the physician administered the test. At the Department of Motor Vehicle hearing, the detaining officer must be able to provide clear and convincing evidence on the following issues: a. The motorist, who was detained, operated the motor vehicle. b. A valid request was made by the police officer to submit to a chemical test, as provided in Section 1194 of the Vehicle and Traffic Law. c. The motorist was under twenty-one years of age at the time of the incident. d. The chemical test was properly administered in accordance with Section 1194 of the Vehicle and Traffic Law. e. The chemical test concluded that the motorist had operated the motor vehicle after having consumed alcohol, as defined in Section 1192-a of the Vehicle and Traffic Law. f. The initial stop of the motorist was lawful. If the detaining officer fails to appear at the hearing or fails to bring copies of all documents/forms prepared, the charges against the motorist may be dismissed. If a person operates a motor vehicle when his/her license is suspended or revoked as the result of a Section 1192-a finding, the motorist may be charged with Aggravated Unlicensed Operation in the Second Degree, Section 511(2) of the Vehicle and Traffic Law. Absent an emergency, a hearing date should not be rescheduled. If it becomes necessary to reschedule a hearing, the detaining officer's command can request that the hearing be rescheduled by writing to the Department of Motor Vehicles, Safety and Business Hearing Bureau, Room 240, Empire Plaza, New York 12228, or the command may call the Safety and Business Hearing Bureau at (518) 474-1509. RELATED PROCEDURES Release Of Prisoners - General Procedures (P.G. 210-13) Arrests - Intoxicated Or Impaired Driving (P.G. 208-40) FORMS AND REPORTS NOTICE of HEARING (OPERATING a MOTOR VEHICLE AFTER CONSUMING ALCOHOL) (AA-137A.1) NOTICE of CHEMICAL TEST REFUSAL HEARING (PERSON UNDER AGE 21) (DMV 137A) REFUSAL to SUBMIT to a CHEMICAL TEST (AA 134-a) Instrument Calibration Sheet Operator Certification Sheet Zero Tolerance Instruction Sheet P.G. 208-42 Arrest On A Warrant Date Effective: 08-01-13 PURPOSE To arrest persons for whom warrants have been issued. DEFINITION ARRESTING OFFICER - For the purposes of this procedure, an arresting officer is any non-supervisory uniformed member, including detective squad personnel, assigned to arrest persons named on warrants issued by the court. PURPOSE When arresting a person for whom a warrant has been issued. ARRESTING OFFICER 1. Inform defendant of warrant and offense charged unless physical resistance, flight or other factors make such procedure impractical. 2. Present warrant, if requested, or as soon as possible, if not possessed at time of arrest. 3. Announce authority and purpose if premises is involved and there is reasonable cause to believe that defendant is inside EXCEPT if giving such notice may: a. Endanger the life or safety of the officer or another person, OR b. Result in defendant attempting to escape, OR c. Result in material evidence being destroyed, damaged or hidden. NOTE: Exceptions DO NOT apply when Family Court warrants, including Urgent Child Abuse Warrants, are being executed. However, limitation will NOT apply in an "urgent child abuse" case if the life or safety of the child or any other person is endangered, since the City Charter authorizes the immediate and unannounced entry into a premises in an emergency situation. 4. Break into premises, if necessary. NOTE: If premises is a third party residence, such break-in is prohibited without a search warrant. 5. Make arrest and comply with the pertinent arrest processing guidelines. a. Contact borough Court Section supervisor for instructions as to location to which prisoner is to be transported, if court is not in session. 6. Notify Central Warrant Investigation Team of the following: a. Court issuing warrant and docket number b. Warrant Section serial number c. Rank, name, shield number and command of arresting officer d. Name of defendant/respondent. 7. Conduct a FINEST System name search or NYSID number search (WNYS) to ascertain if any additional warrants or wanted cases exist concerning the subject of the immediate warrant. a. If inquiry reveals a felony warrant or INVESTIGATION CARD (PD373-161), contact the investigative unit concerned. NOTE: A FINEST System name check "HIT" is NOT considered conclusive and is NOT sufficient authority to arrest. Further inquiries (i.e., NYSID number search [WNYS]) MUST be made. ARRESTING OFFICER 8. Complete ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) if arrest warrant, or ARREST REPORT - SUPPLEMENT (PD244-157) if bench warrant, and enter under "NARRATIVE": a. Date warrant issued, court, judge, and county of issuance. b. Rank, name, shield number and command of member of the service who verified the status of the warrant. c. Docket number and other pertinent information. 9. Arraign prisoner as follows: a. CRIMINAL COURT WARRANTS (1) Warrants issued by New York, Queens, Bronx, or Kings County Criminal Court: (a) Arraign prisoner in Criminal Court or Weekend/ Night Court of the borough that issued the warrant. (2) Warrants issued by Staten Island Criminal Court: (a) Arraign prisoner in Staten Island Criminal Court when in session. (b) Confer with Staten Island borough Court Section at telephone number (718) 876-8493 and process prisoner as directed, when not in session. b. SUPREME COURT WARRANTS (1) Take prisoner before Supreme Court that issued warrant, if in session. When a police officer can not bring the defendant to the Supreme Court for arraignment (after 1700 hours on weekdays and on weekends), the officer will deliver adult male defendants to the Department of Corrections facility in the county that issued the warrant. Adult male defendants arrested on a Staten Island Supreme Court arrest warrant or a Staten Island Supreme Court bench warrant will be delivered to the Brooklyn Corrections facility. All female defendants will be brought to the Rose M. Singer Center on Rikers Island. Male adolescents will be brought to the Adolescent Reception and Detention Center on Rikers Island. The police officer delivering the prisoner will provide the Department of Corrections with a copy of the Supreme Court arrest warrant or bench warrant (see ADDITIONAL DATA for Department of Corrections locations). NOTE: Police officers delivering defendants to Rikers Island will proceed across the Rikers Island bridge and go directly to the appropriate reception center where they will be required to check all their weapons. After complying, they will proceed to the receiving entrance of the facility to lodge the defendant, and will retrieve their weapons after the defendant is lodged. c. FAMILY COURT WARRANTS (1) Remove prisoner to Family Court that issued warrant, if in session. When not in session, arraign prisoner in Weekend/ Night Court, borough of arrest. NOTE: Arresting officers, not assigned to Warrant Section, are required to arraign prisoners arrested on warrants, unless otherwise directed. 10. Prepare following statement on Court Complaint if arrest made in borough other than borough where warrant was issued (Inter-County Warrant): "At (time) hours, on (date), Police Officer (name, shield number, command) performing duty in (borough) Criminal Court has verified through records on file at said court that the warrant forming the basis of this arrest is active." WHEN AN ARREST IS EFFECTED SOLELY ON A BENCH WARRANT DESK OFFICER 11. Make Command Log entry relative to the detention of the prisoner. 12. Ensure that WARRANT INVESTIGATION REPORT (PD374-152) is prepared. SPECIAL OPERATIONS LIEUTENANT 13. Sign WARRANT INVESTIGATION REPORT and forward as indicated on form. ARRESTING OFFICER 14. Prepare ARREST REPORT - SUPPLEMENT and submit to supervisor for review and signature. a. Indicate on SUPPLEMENT if, and exactly how, the subject may have attempted to avoid arrest. ADDITIONAL DATA If a uniformed member of the service conducting an investigation has a parole absconder in custody SOLELY on the authority of a parole warrant, the arrest will be processed as "FOA." The uniformed member of the service will notify the Central Warrant Unit at (718) 217-8484 immediately for the purpose of obtaining a copy of the parole warrant to lodge the parole violator in the appropriate Department of Correction facility. In addition, an immediate notification must also be made to the Parole Absconder Search Unit. From Monday through Thursday from 0800 to 2000 hours and on Friday from 0800 through 1800 hours call (212) 239-6159. At all other times call the Division of Parole referral service at (212) 594-5889 and leave a message on their voice mail consisting of the arresting officer's name, command and details of the arrest. The notification to the Division of Parole is necessary to provide a copy of the parole warrant to arresting officers in cases where the Warrant Section has not yet received a copy of this document, and also to ensure that parole violators are served with a copy of the charges upon which the warrant is based, as well as the dates on which the probable cause and revocation hearings are to be scheduled. PRISONERS IN THESE CASES WILL BE LODGED AT THE APPROPRIATE DEPARTMENT OF CORRECTION FACILITY AND ARE NOT TO BE TRANSPORTED TO BOROUGH COURT SECTION FACILITIES. When preparing the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), indicate in the "Narrative Section" the time, date and names of who was notified at the Warrant Section and at the Parole Absconder Search Unit, prior to forwarding a copy of the WORKSHEET to the borough Court Section. When a youth who is AWOL from a residential facility is apprehended on an Office of Children and Family Services Warrant, the youth will be returned directly to the residential facility, if located within New York City. If AWOL from a facility outside New York City, the youth will be taken directly to the Horizon Juvenile Center, 560 Brook Avenue, Bronx, NY. In NO CASE will the youth be taken to Family Court. A person in need of supervision (PINS) will NOT be taken into custody without a court order. The defendant will be detained at a facility designated by the Emergency Children's Service of the Human Resources Administration, telephone (212) 334-7676, who will be requested to provide transportation. When a defendant is taken into custody and in addition to a PINS Warrant there are other Juvenile Delinquency charges: a. The juvenile may be served an APPEARANCE TICKET - FAMILY COURT (PD277-130) for the other charges, if eligible. However, the juvenile will be kept in custody on the authority of the PINS Warrant and taken to a designated Emergency Children's Service facility. b. If the defendant is NOT released on an APPEARANCE TICKET - FAMILY COURT on the Juvenile Delinquency charges, the defendant will be taken to the Horizon Juvenile Center, 560 Brook Avenue, Bronx, New York. When a person is apprehended outside New York City, but within New York State on the authority of a felony/misdemeanor warrant issued by a New York City Court, the Inter-City Correspondence Unit will notify the Warrant Section to assign personnel to return the prisoner to New York City. Travel expense funds, if needed, may be obtained from the Audit and Accounts Section. If closed, funds may be obtained at the Office of the Chief of Detectives (see P.G. 212-83, entitled "Leaving City On Police Business"). The address of each Department of Corrections facility is as follows: Manhattan Manhattan Detention Complex (MDC) 125 White Street New York, New York 10013 Brooklyn Brooklyn House of Detention for Men (BKLYN HDM) 275 Atlantic Avenue Brooklyn, New York 11201 Queens Queens House of Detention for Men (QHDM) 126-02 82nd Avenue Queens, New York 11415 Bronx Bronx House of Detention for Men (BX HDM) 653 River Avenue Bronx, New York 10451 Rikers Island Facilities Rose M. Singer Center (RMSC) 19-19 Hazen Street East Elmhurst, New York 11370 Adolescent Reception and Detention Center (ARDC) 11-11 Hazen Street East Elmhurst, New York 11370 RELATED PROCEDURES Arrests - Certificate Of Warrant (Non-Support) (P.G. 208-50) Documenting And Reporting Court Appearances Pertaining To Arrests On A Warrant (P.G. 211-08) Leaving City On Police Business (P.G. 212-83) Processing Warrants (P.G. 212-75) FORMS AND REPORTS APPEARANCE TICKET - FAMILY COURT (PD277-130) ARREST REPORT - SUPPLEMENT (PD244-157) INVESTIGATION CARD (PD373-161) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) WARRANT INVESTIGATION REPORT (PD374-152) P.G. 208-43 This Procedure Intentionally Left Blank Date Effective: 01-01-00 P.G. 208-44 Prostitution Date Effective: 08-01-13 PURPOSE To process persons arrested for prostitution. PROCEDURE When a person is arrested for prostitution, follow normal arrest procedure and: ARRESTING OFFICER 1. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). 2. Include under details on ON LINE BOOKING SYSTEM ARREST WORKSHEET: a. Length of time of observation b. Action which caused arrest c. Any statements by prisoner to substantiate charge d. Location of offense e. How person was attired f. Character of room g. Fee paid h. Was money returned? i. Other necessary information. 3. Notify Borough Vice Enforcement Squad (or OCCB/FOD, if unavailable) if: a. Defendant is less than eighteen years of age or b. Defendant states that he/she is being compelled to work as a prostitute or c. Defendant states that he/she has been transported across state lines for the purpose of engaging in prostitution. DESK OFFICER/COUNTERPART 4. Verify identity and address if prisoner is not in possession of satisfactory documentary proof. ARRESTING OFFICER 5. Sign all copies of ON LINE BOOKING SYSTEM ARREST WORKSHEET under booking officer's signature. ADDITIONAL DATA The arresting officer will submit a copy of the court affidavit and the ON LINE BOOKING SYSTEM ARREST WORKSHEET to his/her immediate supervisor after arraignment of the prisoner. A COMPLAINT REPORT (PD313-152) is not prepared, however fingerprints and photos are taken. RELATED PROCEDURES Photographable Offenses (P.G. 208-07) Police Action in Premises Licensed Por Unlicensed Where Alcoholic Beverages Are Sold (A.G. 321-19) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-45 Loitering For Purposes Of Prostitution Date Effective: 08-01-13 PURPOSE To process arrests for loitering for purposes of prostitution. PROCEDURE When a person is arrested for "Loitering for Purposes of Prostitution," follow normal arrest procedure and: ARRESTING OFFICER 1. Notify Borough Vice Enforcement Squad (or OCCB/FOD, if unavailable) if: a. Defendant is less than eighteen years of age or b. Defendant states that he/she is being compelled to work as a prostitute or c. Defendant states that he/she has been transported across state lines for the purpose of engaging in prostitution. 2. Draw up complaint detailing behavior of the defendant, including: a. Conversation with various men, women or known prostitutes, as appropriate. b. Repeatedly stopping or attempting to stop automobiles or leaning into cars and engaging motorists in conversation. c. Time of observations. 3. Inform assistant district attorney of actions or any additional pertinent information including: a. Known prostitute. b. Consorts with known prostitutes or pimps. c. Conduct and clothing. d. Defendant's response to questioning. ADDITIONAL DATA This charge should be added when making an arrest for Prostitution, Section 230.00, Penal Law, on an overheard conversation. No more than five arrests for "Loitering For Purposes Of Prostitution" are to be made by the same uniformed member of the service at one time. A COMPLAINT REPORT (PD313-152) is NOT prepared for a pick-up arrest effected for "Loitering for Purposes of Prostitution," (Section 240.37, subdivision 2, Penal Law). However, fingerprints MUST be taken for this arrest. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) P.G. 208-46 Gambling Date Effective: 08/01/13 PURPOSE To process an arrest for violation of the gambling laws. PROCEDURE When processing a prisoner charged with violating the gambling laws, follow appropriate arrest processing procedures and: ARRESTING OFFICER 1. Seal slot machine in accordance with P.G. 218-19, "Invoicing Vehicle/Property As Arrest/Investigatory Evidence Or For Forfeiture Proceedings Or To Determine True Owner," if seized in connection with arrest. DESK OFFICER 2. Review ON LINE BOOKING SYSTEM ARREST WORKSHEET for accuracy and sign. 3. Verify identity and address if prisoner is not in possession of satisfactory documentary proof. ARRESTING OFFICER 4. Submit copy of court complaint, corroborating affidavit (if any), copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET and PRISONER'S CRIMINAL RECORD (PD244-061) to immediate supervisor. SUPERVISOR CONCERNED 5. Review and compare reports submitted for completeness and accuracy. 6. File court complaint and related forms in arresting officer's command for entry of final disposition by arresting officer. RELATED PROCEDURES Invoicing Vehicle/Property As Arrest/Investigatory Evidence Or For Forfeiture Proceedings Or To Determine True Owner (P.G. 218-19) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PRISONER'S CRIMINAL RECORD (PD244-061) P.G. 208-47 Counterfeiting/Forging U.S. Government Obligations Or Counterfeiting/Unauthorized Use Of Access Devices Date Effective: 08/01/13 PURPOSE To notify and cooperate with federal agencies concerned when arrests are made for counterfeiting/forging U.S. government obligations or counterfeiting or unauthorized use of access devices. DEFINITION U.S. GOVERNMENT OBLIGATIONS - notes, bonds, checks, stamps, currency, drafts of money drawn by or upon authorized officer of U.S. government. ACCESS DEVICES - any card (e.g., credit card), plate, code, account number, or other means of account access that can be used alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument). FRAUDS AND RELATED ACTIVITY RE: "ACCESS DEVICES" - the prisoner knowingly and with intent to defraud: a. Uses, produces counterfeit access device, OR b. Uses unauthorized access device, during any one year period, and obtains anything valued at $1,000 or more OR c. Possesses fifteen or more counterfeit/unauthorized access devices, OR d. Has control of or possesses equipment able to produce access devices. PROCEDURE Upon arresting a person charged with one of the crimes listed above: DESK OFFICER/COUNTERPART 1. Comply with appropriate arrest processing procedures. 2. Notify the Department of Treasury, U.S. Secret Service, by telephone ([212] 466-4400). 3. Permit U.S. Secret Service agent to interview prisoner. ADDITIONAL DATA If the only charge against a prisoner is violation of a federal law, he will be arraigned in Federal Court (Title 18, Chapter 25, U.S. Code OR Title 18, Section 1029, U.S. Code, as appropriate). P.G. 208-48 Violation Of Postal Laws Date Effective: 08/01/13 PURPOSE To notify and cooperate with the United States Postal Inspection Service when arrests are made for violations of Postal Laws. DEFINITION POSTAL LAWS (TITLE 18, UNITED STATES CODE) - A listing of crimes involving the Postal Service, including theft of mail, burglaries and robberies of post offices, assaults on, or robberies of, postal employees while engaged in official duties, destruction or unlawful taking/possessing of Postal Service property, and any other violations involving Postal Service property. PROCEDURE When a person is arrested for violation of Postal Laws, follow normal arrest procedure, and: DESK OFFICER 1. Advise Operations Unit as soon as possible for notification to Postal Inspection Service Communication Center. 2. Permit prisoner to be interviewed by agent of Postal Inspection Service. 3. Give custody of prisoner to Postal Inspection Service for arraignment in Federal Court when charged ONLY WITH VIOLATION OF POSTAL LAWS. 4. Enter "FOA" under "Assigned Arrest Number" on ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). ADDITIONAL DATA Threats of kidnapping, personal injury or property damage transmitted through the US Mail are investigated by the FBI. Thefts of Treasury checks from the US Mail and counterfeiting of postage stamps are investigated concurrently by the US Postal Inspection Service and the Secret Service. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-49 Contraband Weapons Date Effective: 08/01/13 PURPOSE To notify Internal Revenue Service when contraband weapons are seized. PROCEDURE When a person is arrested for possession of a contraband weapon, follow appropriate arrest processing procedures and: ARRESTING OFFICER 1. Seize weapon. NOTE: See P.G. 207-17, "Contraband Weapons," for a list of prohibited weapons under Federal Gun Control Act. DESK OFFICER 2. Notify Bureau of Alcohol, Tobacco and Firearms through Operations Unit. 3. Include information as to vehicle, vessel or aircraft, if involved, and hold such property for federal authorities. ARRESTING OFFICER 4. Charge violation of Penal Law or Administrative Code instead of federal law, if possible. 5. Prepare [I.O. 63 s 13] REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168). 6. Bring weapon and REQUEST to Firearms Analysis Section. 7. Deliver weapon to Property Clerk with PROPERTY CLERK INVOICE (PD521-141) after examination by Firearms Analysis Section. RELATED PROCEDURES Contraband Weapons (P.G. 207-17) Processing Firearms (P.G. 218-23) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) [I.O. 63 s 13] REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) P.G. 208-50 Certificate Of Warrant (Non-support) Date Effective: 08/01/13 PURPOSE To record an arrest on a non-support warrant. PROCEDURE When a uniformed member of the service makes an arrest on a Certificate of Warrant for non-support: ARRESTING/ASSIGNED OFFICER 1. Record on ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) the member who executed the warrant as the arresting officer. 2. Enter: a. Arrest number b. "Family Court Warrant" under caption "Charges and Specific Offense". c. Particulars of warrant under "Details." 3. Notify Central Warrant Unit. 4. Bring prisoner and warrant to the court that originally issued the warrant. a. To designated arraignment court, at other times. RELATED PROCEDURE Arrest On A Warrant (P.G. 208-42) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-51 Forfeiture Of Bail Date Effective: 08/01/13 PURPOSE To process a re-arrest in a bail forfeiture case. PROCEDURE When notified that a prisoner has forfeited bail: DESK OFFICER 1. Prepare ARREST REPORT - SUPPLEMENT (PD244-157) listing pertinent information and the words "Bail Forfeited" in capital letters, under "Details". 2. Indicate under caption Duplicate Copies Required, "Property Clerk", if property is involved. a. If evidence is required against another prisoner, enter facts under "Details." 3. Notify member or unit concerned. IF PRISONER IS RE-ARRESTED FOR SAME CHARGE FOR WHICH BAIL WAS FORFEITED DESK OFFICER 4. Prepare one set of ARREST REPORT - SUPPLEMENT. 5. Telephone Property Clerk's office to determine disposition of evidence. 6. List property not disposed of on ARREST REPORT - SUPPLEMENT. a. Indicate name of member at Property Clerk's office under "Details". 7. Notify arresting officer of re-arrest. FORMS AND REPORTS ARREST REPORT SUPPLEMENT (PD244-157) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-52 Traffic Violations Date Effective: 08/01/13 PURPOSE To record arrests for violations of the Traffic Laws. PROCEDURE Upon arresting a person for violation of traffic regulations, follow appropriate arrest processing procedures and: ARRESTING OFFICER 1. Charge violation of Traffic Regulations if the offense is a violation of both the Traffic Regulations and the Vehicle Traffic Law. 2. Query NYSPIN through the FINEST system to determine if vehicle is reported stolen and verify name and address of registered owner. DESK OFFICER 3. Record additional charges and previous violations where applicable and inform the arresting officer of additional charges for presentation to the District Attorney. 4. Enter on ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), if arrested on traffic warrant: a. "SW" under arrest number b. "Warrant Part 5, 7 etc." under caption "Charges and Specific Offense" c. Particulars of warrant under "Details." NOTE: COMPLAINT REPORT (PD313-152) is not prepared. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-53 Arrest Processing - Aggravated Unlicensed Operation Of A Motor Vehicle Date Effective: 08/01/13 PURPOSE To process arrests for operating a vehicle with a suspended or revoked license. PROCEDURE When a uniformed member of the service observes, or has reasonable cause to believe that a person operating a vehicle has a suspended or revoked driver's license: UNIFORMED MEMBER OF THE SERVICE 1. Effect an arrest for violation of any degree of Aggravated Unlicensed Operation of a Motor Vehicle. a. Remove prisoner to police facility for processing. 2. Conduct license check (DALL) and name check via FINEST system. a. Retain printout and include in DAT or On Line arrest folders. [I.O. 39 s 07] 3. Comply with current Department procedures regarding issuance of DESK APPEARANCE TICKET (PD260-121) and steps 5, 6, 7, 8 and 9 below, if prisoner is charged with Aggravated Unlicensed Operation of a Motor Vehicle (AUO) 3rd degree and is otherwise eligible. 4. Comply with all pertinent arrest processing procedures. NOTE: In all instances related to the arrest of a motorist for the misdemeanor charge(s) of aggravated unlicensed operation of a motor vehicle, refer to P.G. 208-28, `Identification Standards For Desk Appearance Tickets', Department of Motor Vehicle Name Check, to determine if a DESK APPEARANCE TICKET may be issued. PERSONS CHARGED WITH V.T.L. 511 (1)(a) OR 511 (2)(a) MISDEMEANORS 5. Prepare the following court related forms, (in addition to ON LINE BOOKING SYSTEM WORKSHEET (PD244-159) and other arrest related paperwork): a. SUPPORTING DEPOSITION-SUSPENDED / REVOKED LICENSE (PD244-068) or SUPPORTING DEPOSITION - SUSPENDED / REVOKED LICENSE-BRONX (PD244-068A) b. PRE-ARRAIGNMENT NOTIFICATION REPORT (PD244-153) c. Arraignment Card (Misc. 4661) d. Police Officer's Court Availability Schedule (Misc. 470a) e. Prisoner Movement Slip (Misc. 2011-A 8/84) f. DMV Certificate Concerning Violation of Law Relating to Vehicles (A246), for the VTL Misdemeanor and Felony [I.O. 67 s 13] g. "ADA" copy of PROPERTY CLERK INVOICE (PD521-141), if prepared. [I.O. 39 s 07] 6. Record the following vehicle information in the "Narrative" section of the ONLINE BOOKING SYSTEM ARREST WORKSHEET: a. The make, model, year and color of the vehicle operated by the defendant. b. The license plate number of the vehicle operated by the defendant and the state the vehicle is registered in. If the vehicle does not have a metal plate the temporary or alternate plate will be recorded. NOTE: The above information will be recorded in the "Narrative" section of the ONLINE BOOKING SYSTEM ARREST WORKSHEET even if the defendant was not the owner of the vehicle being operated at the time of arrest. The name and address (apartment number, if applicable) of the registered owner of the vehicle will be recorded in addition to the above. 7. Prepare Criminal Court Summons for violation of VTL 511 (1) (a) or VTL 511 (2) (a) as appropriate. a. Clearly and concisely articulate the justification for the vehicle stop and violations observed on the rear portion of the white summons copy. b. List the VTL 511 misdemeanor violation in the "Charges Information" caption of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (OLBS). c. List any additional VTL violations (i.e. Disobey A Traffic Control Device) observed during the original vehicle stop as separate charges on the OLBS. d. Do not enter RETURN DATE on summons(es). e. Attach ORIGINAL copy of the summons to the SUPPORTING DEPOSITION. NOTE: Step 7 above regarding the issuing of a summons is specific and applicable only to the following: Patrol Borough Brooklyn South, Patrol Borough Brooklyn North and Patrol Borough Staten Island. The district attorneys in both Brooklyn and Staten Island have mandated that a summons be issued and included as an ADDITIONAL part of the arrest package and arraignment process. The remaining Patrol Boroughs (Manhattan South, Manhattan North, Bronx, Queens South and Queens North) are EXEMPT from this requirement. In these Patrol Boroughs, for the purposes of this procedure only, all VTL violations will be listed as separate charges on the ON LINE BOOKING SYSTEM ARREST WORKSHEET; summonses will not be written. 8. Fingerprint prisoner utilizing "Livescan." NOTE: Persons charged with 511(3)(a) E Felony shall be processed in accordance with steps 5 ("b" through "g") and step 9 below. A Criminal Court Summons will not be prepared in felony cases. 9. Confiscate driver's license and comply with P.G. 209-26, "Suspended Or Revoked Vehicle Operator's License." NOTE: Disregard subdivision "a" of step 3 and the "NOTE" following subdivision "3a" in P.G. 209-26, "Suspended Or Revoked Vehicle Operator's License." NOTE: During the original vehicle stop if a summons was prepared prior to obtaining the results of a name check, for any VTL violation other than Aggravated Unlicensed Operation of a Motor Vehicle, the summons must be voided. P.G. 209-18, `Summons Served Or Prepared In Error' will be followed. A photocopy of the summons(es) prepared will be included as part of the arrest paperwork package that is forwarded to the district attorney. The VTL violations will be listed as separate charges on the OLBS. 10. Inform desk officer when arrest processing is complete. DESK OFFICER [I.O. 39 s 07] 11. Review the ONLINE BOOKING SYSTEM ARREST WORKSHEET to ensure completeness and verify that information regarding the vehicle operated by the defendant is recorded for all Aggravated Unlicensed Operation of a Motor Vehicle arrests. 12. Review all forms for completeness and accuracy. 13. Ensure that all applicable categories on SUPPORTING DEPOSITION are checked off. a. Have arresting officer sign and date. 14. Have prisoner (not eligible for a DAT) and related court papers delivered to borough Court Section and comply with "Citywide Expedited Arrest Processing." BOROUGH COURT SUPERVISOR 15. Examine court papers for completeness and accuracy. 16. Make necessary entries on court papers and process as an "on line" arrest. ADDITIONAL DATA Section 511-b, "Seizure And Redemption Of Unlawfully Operated Vehicles" requires that, upon making an arrest for Aggravated Unlicensed Operation Of A Motor Vehicle, 1st or 2nd Degree committed in his / her presence, a uniformed member of the service shall remove or arrange for the removal of the vehicle to the Property Clerk, if: a. The operator is the registered owner of the vehicle, OR b. The vehicle is not properly registered, OR c. Proof of financial security (insurance card) is not produced, OR d. Where a person, other than the operator, is the registered owner and such person or another, properly licensed and authorized to possess and operate the vehicle, is not present. The impounded vehicle must be entered into NYSPIN as an impounded vehicle (see P.G. 212-48, "Motor Vehicles Repossessed / Parking Violations Scofflaw Removal Program"[Additional Data]). The impounded vehicle will remain at the precinct stationhouse for forty-eight hours. If no one appears to redeem the vehicle, the vehicle will be delivered to the Property Clerk for storage. Additionally, the registered owner must promptly be notified, utilizing form AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE (PD171-121), that the vehicle has been impounded. Vehicles seized pursuant to this section shall not be released unless: a. The person redeeming the vehicle has furnished satisfactory evidence of registration and financial security. b. Reasonable removal and storage costs have been paid. (See P.G. 218- 44, "Removal And Storage Charges"). Removal and storage charges shall not be required of the registered owner if the impounded vehicle was stolen or was rented or leased pursuant to a written agreement for a period of thirty days or less. c. Where the vehicle was operated by a person who, at the time of the offense, was the owner, the following is required: (1) Satisfactory evidence that the registered owner or other person seeking to redeem the vehicle has a license or privilege to operate a motor vehicle in New York, AND (2) Satisfactory evidence that criminal charges have been terminated and that any fine imposed as a result of a conviction has been paid, OR (3) A certificate issued by the court in which the criminal action was commenced ordering release of the vehicle prior to judgment or in compliance of the interest of justice, OR (4) A certificate issued by the District Attorney, or other officer authorized to prosecute such charge, waiving the requirement that the vehicle be held. In all Aggravated Unlicensed Operation of a Motor Vehicle 1st Degree arrests, the vehicle shall be seized and removed to a Property Clerk facility. As such, these vehicles will not remain at precinct stationhouse for forty-eight hours. The arresting officer shall process said vehicle in accordance with P.G. 208-26, "Forfeiture Proceedings For Seized Property." The Property Clerk shall contact the Legal Bureau to ascertain if a statutory forfeiture proceeding will be commenced. Persons making a demand for the return of a vehicle seized pursuant to this procedure must provide the same documenting evidence as required for release of a vehicle pursuant to Section 511-b of the VTL above, except that a District Attorney's release is required in all seizures made pursuant to Section 511-c of the VTL regardless of who was operating the vehicle at the time of the offense. In the event said requirements are met and the Legal Bureau indicates that a statutory forfeiture proceeding will not be commenced, the vehicle may be released from the Property Clerk facility. RELATED PROCEDURES Suspended Or Revoked Vehicle Operator's License (P.G. 209-26) Forfeiture Proceedings For Seized Property (P.G. 208-26) Safeguarding Vehicles In Police Custody (P.G. 218-12) Removal And Storage Charges (P.G. 218-44) Motor Vehicles Repossessed/Parking Violations Scofflaw Removal Program (P.G. 212-48) [I.O. 67 s 13] FORMS AND REPORTS DESK APPEARANCE TICKET (PD260-121) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) SUPPORTING DEPOSITION-SUSPENDED / REVOKED LICENSE (PD244-068) SUPPORTING DEPOSITION-SUSPENDED / REVOKED LICENSE-BRONX (PD244-068A) PRE-ARRAIGNMENT NOTIFICATION REPORT (PD244-153) PROPERTY CLERK INVOICE (PD521-141) AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE (PD171-121) P.G. 208-54 Arrest Screening Guidelines For Cases Involving Forged Or Altered Motor Vehicle Documents Date Effective: 08/01/13 PURPOSE To establish arrest screening guidelines for cases involving forged or altered motor vehicle documents. PROCEDURE When effecting an arrest for possession of forged or altered motor vehicle documents: UNIFORMED MEMBER OF THE SERVICE 1. Charge the defendant as follows: a. POSSESSION OF A FORGED/ALTERED OPERATOR'S LICENSE (1) Criminal Possession of a Forged Instrument, 2nd Degree (felony), should be charged only when: (a) The operator possesses more than one false license; OR (b) The false license was used for a purpose other than driving (e.g., to pass a bad check, etc.); OR (c) The operator possesses the false license(s) under circumstances showing an intent to sell the license(s); OR (d) The operator possesses a false license and one or more other false forms of identification. NOTE: For suspended or revoked vehicle operator's license, comply with P.G. 209-26, "Suspended or Revoked Vehicle Operator's License." (2)If a person who is operating a vehicle offers someone else's license as proof of identity, charge Vehicle and Traffic Law, Section 509(1), Driving Without a License; and Vehicle and Traffic Law, Section 509(6), Driving While Using Another's License. These offenses are traffic infractions for which "B" summonses should be issued. MAKE THE TWO SUMMONSES RETURNABLE TO THE TRAFFIC VIOLATIONS BUREAU (TVB). (3) If the driver offers as proof of identity a license issued to him/her but which has been altered, (e.g., expiration date changed, etc.) charge Vehicle and Traffic Law, Sections 392 and 509(1). Vehicle and Traffic Law, Section 392, is a misdemeanor for which a "C" summons should be issued. Vehicle and Traffic Law, Section 509(1) is a traffic infraction for which a "C" summons should be issued. BOTH SUMMONSES SHOULD BE MADE RETURNABLE TO THE LOCAL CRIMINAL COURT. [REV 05-01] (4) If the arrested motorist or individual presents or possesses a New York State Driver's License or Identification Card which, when run through a computer check, comes back `Fraud Document', the uniformed member of the service (UMOS) concerned will contact the DMV's Internal Affairs Office (DMV-IA) at (518) 473-3342 for further information. The arrested motorist or individual may be charged with Criminal Possession of a Forged Instrument 2nd Degree (Penal Law 170.25 pursuant to 170.10[3]: Class `D' Felony). (5) If the arrested motorist or individual was operating a motor vehicle at the time the License or Identification Card was presented, also charge violation of Vehicle and Traffic Law Section 392: Unclassified Misdemeanor. This provision makes it a crime to operate a motor vehicle upon the public highway while displaying or using any document that he or she knows has been obtained by making a false statement in an application for, or making a material alteration on any document issued by the Commissioner of Motor Vehicles, or unlawfully using a validating device on such a document. (6) If it is determined that the arrested motorist or individual gave or offered to give a DMV employee, or "middleman", money or another benefit, for the purposes of obtaining the License or Identification Card the following additional charges may be appropriate: Bribery 3rd Degree (Penal Law 200.00): Class "D" Felony, and Sale or Purchase of a Stolen, False or Fraudulent License, Identification Card, Certificate of Registration, or Number Plate (Vehicle and Traffic Law 392-a). (see ADDITIONAL DATA statement). (7) If it is determined that the arrested motorist or individual completed and filed a License or Identification Card application with the DMV, and the DMV office (where the application was filed) is located in the same county where the arrest was made, the following additional charge may be appropriate: Offering a False Instrument for Filing 1st Degree (Penal Law 175.35): Class "E" Felony. (see ADDITIONAL DATA statement). b. POSSESSION OF A FORGED/ALTERED REGISTRATION (1) A suspect who presents a registration card with a forged or altered registration (e.g., address known to be false, etc.) should be issued summonses for Vehicle and Traffic Law, Sections 392 and 401(a), Unregistered Vehicle. Vehicle and Traffic Law, Section 392, is a misdemeanor for which a "C" summons should be issued. Vehicle and Traffic Law, Section 401(a), is a traffic infraction for which a "C" summons should be issued. BOTH SUMMONSES SHOULD BE MADE RETURNABLE TO THE LOCAL CRIMINAL COURT. c. POSSESSION OF FORGED/ALTERED INSPECTION STICKER (1) A person operating a vehicle with a forged or altered inspection sticker should be charged with Vehicle and Traffic Law, Section 306(e), an unclassified misdemeanor. A "C" summons should be issued and made returnable to the local criminal court. d. POSSESSION OF A FORGED/ALTERED INSURANCE CARD (1) An operator who produces an insurance card indicating that insurance is in effect when such coverage does not exist is to be charged with Vehicle and Traffic Law, Section 319(2), an unclassified misdemeanor. A "C" summons should be issued and made returnable to the local criminal court. e. POSSESSION OF A FORGED/ALTERED NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES IN-TRANSIT VEHICLE PERMIT NUMBER PLATE (1) An operator who drives with a forged or altered In-Transit Permit should be charged with Vehicle and Traffic Law, Sections 392 and 402(1). Vehicle and Traffic Law, Section 392, is a misdemeanor for which a "C" summons should be issued. Vehicle and Traffic Law, Section 402(1), is a traffic infraction for which a "C" summons should be issued. BOTH SUMMONSES SHOULD BE MADE RETURNABLE TO THE LOCAL CRIMINAL COURT. [REV 05-01] NOTE: In all instances in which a fraudulent or altered motor vehicle bureau document, such as a license or registration, is evidence of an offense, it should be invoiced as evidence pursuant to Department procedures. Under no circumstances will such a document be returned to the arrested motorist or individual. Summonses should not be issued for the above offenses to defendants who are not properly identified or who otherwise fail to qualify. Members of the service shall ensure that when issuing multiple summonses to an individual for offenses occurring during a single incident and one of the summonses is returnable to Criminal Court, then all summonses shall be issued as part "C", and be made returnable to Criminal Court. DESK OFFICER 2. Verify the completeness and accuracy of all charges prior to releasing defendant. 3. Instruct member to conduct: [I.O. 25 s 07] a. INVESTIGATION CARD (PD373-163) check b. Warrant check (local/state/federal). NOTE: Unless there are exceptional circumstances, the checks are to be accomplished within one hour from the time the suspect enters the stationhouse. 4. Immediately release violator once the violator's identity is verified and summonses have been served. 5. Make a Command Log entry when a violator has been taken to the stationhouse for identification, is served summons(es) and immediately released. a. Entry will include the following: (1) Name, address and physical description of violator (2) Location, time of incident and reason for removal to stationhouse (3) Name, rank and shield number of member who brought violator to command (4) Offense(s) charged and serial number(s) of summons(es) served (5) Time violator entered and departed command. NOTE: It is not necessary to institute Desk Appearance Ticket or Voided Arrest procedures for an offense for which summons(es) is/are served pursuant to this procedure. [REV 05-01] ADDITIONAL DATA To determine whether the charges listed in step 1, subdivisions (6) and (7) should be considered, a uniformed member of the service should contact the Department of Motor Vehicles Internal Affairs Office (DMV-IA) at (518) 473-3342 between 0830 and 1630 hours, Monday through Friday. Personnel assigned to DMV-IA may be able to provide information as to how the arrested motorist or individual obtained the fraudulent Driver License or Identification Card. They may also have knowledge indicating to whom at DMV the person in custody may have bribed for the purpose of obtaining the fraudulent documents. Additionally, efforts should be made to interrogate the person in custody, after Miranda warnings are given, to independently obtain this information. This information, if available, should be conveyed to the Assistant District Attorney prosecuting the arrest. When a uniformed member of the service encounters a motorist in possession of a fraud document during hours when the DMV-IA is closed, the motorist should be charged with Criminal Possession of a Forged Instrument 2nd Degree (Penal Law 170.25 pursuant to 170.10[3]: Class `D' Felony). Probable cause for the arrest will be based upon the "Fraud Document" designation obtained from the computer check of the DMV database. Related charges listed in step 1, subdivision (6) and (7), should NOT be made against the motorist in instances when DMV-IA cannot be contacted immediately. For example, it would be difficult to charge a defendant with Bribery or Offering a False Instrument for Filing, without first communicating with a DMV-IA employee who could articulate the circumstances which resulted in the "Fraud Document" designation. Additional charges, where appropriate, may be made after consulting with a DMV-IA representative. Uniformed members of the service should be guided by the following indicators when conducting license/name checks of motor vehicle operators: a. When conducting license/name checks always run a group search of the last name, first name, and sex without the date of birth or any middle initial (common names such as Smith, Garcia, etc. may prohibit such a search due to the large number of responses generated). b. Examine DMV files containing the same name/address with different dates of birth. c. Examine motor vehicle operator's documents to determine if identification with other names, addresses, or dates of birth are possessed. Invoice any items found suggesting additional driving records/identifications. d. Be alert to out-of-state licenses which have been issued under lax identification standards. e. Review a suspect's criminal history in Department databases such as C.A.R.S. and B.A.D.S. to ascertain additional aliases, addresses, or dates of birth. f. Fill out CONSOLIDTION OF CLIENT IDENTIFICATION REQUEST (PD135-160) form, if applicable. Attach all pertinent supporting data and submit to desk officer for review, before distributing as per instructions on form. [I.O. 37 s 12] When attempting to ascertain a prisoner's identity, the uniformed member of the service concerned should inform the prisoner that knowingly misrepresenting his or her actual name, date of birth, or address, to a police officer, with intent to prevent a police officer from ascertaining such information, is punishable as a crime. Prisoners who knowingly misrepresent their pedigree information should be charged under Penal Law 190.23 (False Personation, B Misd.) RELATED PROCEDURES [I.O. 25 s 07] Computerized Investigation Card System (P.G. 208-23) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Suspended or Revoked Vehicle Operator's License (P.G. 209-26) Invoicing Property - General Procedure (P.G. 218-01) FORMS AND REPORTS [I.O. 25 s 07] INVESTIGATION CARD (PD373-163) P.G. 208-55 Vehicle Of Foreign Registry Date Effective: 08/01/13 PURPOSE To notify the US Customs Service when a vehicle of foreign registration is seized. PROCEDURE Upon seizing a vehicle of foreign registration which was used, or may have been used in the commission of a crime, in addition to other required action: DESK OFFICER/COUNTERPART 1. Notify Assistant Supervisory Agent of the US Customs Service of facts including identification and location of vehicle. 2. Send vehicle to Property Clerk with accompanying [I.O. 26 s 13] PROPERTY CLERK INVOICE (PD521-141). a. Include notation on invoice that the US Customs Service was notified. PROPERTY CLERK 3. Notify the Assistant Supervisory Agent of the US Customs Service before disposing of vehicle. FORMS AND REPORTS [I.O. 26 s 13] PROPERTY CLERK INVOICE (PD521-141) P.G. 208-56 Foreign Nationals Date Effective: 08/01/13 PURPOSE To process arrests of foreign nationals. DEFINITION FOREIGN NATIONAL - Any person who is not a citizen of the United States, regardless of immigration status or length of residency. COUNTRIES WHOSE EMBASSIES OR CONSULATES MUST BE NOTIFIED WHEN ONE OF THEIR CITIZENS/ NATIONALS IS ARRESTED: Albania Algeria Antigua & Barbuda Armenia Azerbaijan Bahamas Barbados Belarus Belize Brunei Bulgaria China (see note) Costa Rica Cyprus Czech-Republic Dominica (Note: this country is NOT the Dominican Rep.) Fiji Gambia, The Georgia Ghana Grenada Guyana Hong Kong Hungary Jamaica Kazakhstan Kiribati Kuwait Kyrgyzstan Malaysia Malta Mauritius Moldova Mongolia Nigeria Philippines Poland (see note) Romania Russia St. Kitts & Nevis St. Lucia St. Vincent & Grenadines Seychelles Sierra Leone Singapore Slovakia Tajikistan Tanzania Tonga Trinidad & Tobago Tunisia Turkmenistan Tuvalu Ukraine United Kingdom Uzbekistan Zambia Zimbabwe NOTE: British dependencies also covered in this agreement are Anguilla, British Virgin Islands, Bermuda, Montserrat, and the Turks and Caicos Islands. The notification for permanent residents of the United States from Poland is not mandatory. The China designation does not include Republic of China (Taiwan) passport holders. PROCEDURE When a person arrested is a foreign national, comply with appropriate arrest processing procedures and: ARRESTING OFFICER 1. Enter all of the following information in the "Narrative" portion of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159): a. Country of nationality b. Port or place of entry and status upon entry to the United States (e.g. resident, visitor, student, etc.) c. Method of entry (airplane, auto, boat, etc.) d. Date entered the United States. NOTE: If doubt exists as to the status of the prisoner, enter "suspected foreign national" under "Narrative." ARRESTING OFFICER 2. Determine from the above list if prisoner's embassy or consulate must be notified. NOTE: If the prisoner is from one of the countries listed, the embassy or consulate concerned must be notified, regardless of the prisoner's wishes to the contrary. This notification must also be made even though a DESK APPEARANCE TICKET may be issued. WHEN NOTIFICATION MUST BE MADE: ARRESTING OFFICER 3. Contact the Inter-City Correspondence Unit. 4. Provide member at Inter-City Correspondence Unit with the following information: a. Prisoner's name and address b. Date of arrest c. County of arrest d. Major charge(s) e. Exact location where prisoner is being detained f. Telephone numbers of both the command of arrest and the borough court section. 5. Obtain from the Inter-City Correspondence Unit the following: a. The name of the member contacted b. A log number. 6. Enter this information in the "Narrative" portion of the ON LINE BOOKING SYSTEM ARREST WORKSHEET. INTER-CITY CORRESPONDENCE UNIT MEMBER 7. Notify the embassy or consulate concerned. WHEN NOTIFICATION IS NOT MANDATED (THE PRISONER IS NOT FROM A COUNTRY LISTED ABOVE): ARRESTING OFFICER 8. Inform prisoner of right to have embassy or consulate notified. 9. Follow steps 3, 4, 5, and 6 if prisoner requests that embassy or consulate be notified. a. Should the prisoner elect not to have the embassy or consulate notified enter this information in the "Narrative" portion of the ON LINE BOOKING SYSTEM ARREST WORKSHEET. DESK OFFICER/BOROUGH COURT SECTION SUPERVISOR 10. Ensure that arresting officer has contacted the Inter-City Correspondence Unit when notification to the prisoner's embassy or consulate is required or in other cases when an arrested foreign national has so requested. ADDITIONAL DATA Arresting officers will contact the Intelligence Bureau if they experience any unusual circumstances or have questions regarding the arrest processing of a foreign national. RELATED PROCEDURES Mayor's Executive Order NO.'s 34 & 41, City Policy Concerning Confidential Information And Immigrant Access To City Services (I.O. 5, s 04) (P.G. 212-66) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD 244-159) DESK APPEARANCE TICKET P.G. 208-57 Holders Of Licenses Issued By New York City Department Of Consumer Affairs Date Effective: 08/01/13 PURPOSE To notify New York City Department of Consumer Affairs when a licensee is arrested. PROCEDURE When a person arrested is the holder of a license issued by the New York City Department of Consumer Affairs, follow normal arrest procedure and: ARRESTING OFFICER 1. Enter license information and number in boxes provided on the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-58 Taxicab And Towing Truck Owner/Operators Date Effective: 08/01/13 PURPOSE To report the arrest of taxicab and towing truck owners and operators to licensing agencies. PROCEDURE Upon arresting a taxicab/tow truck operator or owner, follow normal arrest procedure and: ARRESTING OFFICER 1. Prepare REPORT OF VIOLATION (PD672-151). 2. Take credentials of taxicab operator, taxicab owner or towing truck operator ONLY WHEN they have been used as an instrument in, or are evidence of, the offense charged. NOTE: Do not take credentials of towing car owner. 3. Prepare and deliver RECEIPT FOR CREDENTIALS (PD616-011) to prisoner, if applicable. 4. Prepare PROPERTY CLERK INVOICE (PD521-141) when credentials are confiscated. 5. Note under "Narrative" on ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) that the REPORT OF VIOLATION was prepared, and if applicable, the taking of credentials. DESK OFFICER 6. Forward REPORT OF VIOLATION as directed on form. RELATED PROCEDURES Seizure Of Unlicensed Tow Trucks (P.G. 209-29) FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) REPORT OF VIOLATION (PD672-151) P.G. 208-59 Felony Arrests Of Parolees Date Effective: 08/01/13 PURPOSE To notify the New York State Division of Parole of the arrest of a parole absconder or a parolee who has been the subject of a new felony arrest. PROCEDURE When a uniformed member of the service effects the arrest of a person and the charge is a felony, other than narcotics or gambling: UNIFORMED MEMBER OF THE SERVICE 1. Remove prisoner to precinct of arrest and comply with appropriate arrest processing procedures. DESK OFFICER 2. Immediately notify precinct detective squad if charge is a felony, other than narcotics or gambling. MEMBER CONCERNED, P.D.S. 3. Conduct name check of person arrested against the "Target List of Recidivists" and the New York State Parole File. 4. Make additional copies of the COMPLAINT REPORT (PD313-152) and ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) and forward them to the New York State Department of Parole via the Warrant Section. ADDITIONAL DATA If a uniformed member of the service conducting an investigation has a parole absconder in custody SOLELY on the authority of a parole warrant, the arrest will be processed as "FOA.." The uniformed member of the service will notify the Warrant Section, Telephone Inquiry Unit at (718) 217-8484 immediately for the purpose of obtaining a copy of the parole warrant to lodge the parole violator in the appropriate Department of Correction facility. In addition, an immediate notification must also be made to the Parole Absconder Search Unit. Hours are Monday through Thursday from 0800 to 2000 hours and on Friday from 0800 through 1800 hours call (212) 239-6159. All other times, call the Division of Parole referral service at (212) 594-5889 and leave a message on their voice mail consisting of the arresting officer's name, command and details of the arrest. The notification to the Division of Parole is necessary to provide a copy of the parole warrant to arresting officers in cases where the Warrant Section has not yet received a copy of this document, and also to ensure that parole violators are served with a copy of the charges upon which the warrant is based, as well as the dates on which the probable cause and revocation hearings are to be scheduled. PRISONERS IN THESE CASES WILL BE LODGED AT THE APPROPRIATE DEPARTMENT OF CORRECTION FACILITY AND ARE NOT TO BE TRANSPORTED TO BOROUGH COURT SECTION FACILITIES. When preparing the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), indicate in the "Narrative Section" the time, date and names of persons notified at the Warrant Section and at the Parole Absconder Search Unit. Parole officers doing absconder work are authorized to sign for Department radios at precincts, subject to their availability. KEY ELEMENTS OF THE PAROLE VIOLATOR PROGRAM: Absconder Apprehension Task Force The "Absconder Apprehension Task Force" will focus on the apprehension of dangerous parole absconders. Arrested Parolee Enhanced Notification System Each month, the New York State Division of Parole will provide the New York City Police Department with a computer tape consisting of all active, delinquent, and absconder cases currently under the jurisdiction of the Division of Parole. The Division of Parole will also provide copies of all absconder warrants with appropriate physical descriptions to the New York City Police Department Warrant Section to facilitate lodging and execution of those warrants. Parole/New York City Police Department Information Exchange The "Parole/New York City Police Department Information Exchange" will facilitate cooperation between this Department and the New York State Division of Parole. FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152a) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-60 Delivery Of Felony Warrant Defendants By Members Of New York State Police Date Effective: 07-01-14 PURPOSE To accept custody from the New York State Police of persons arrested based on a felony warrant during hours when Warrant Section personnel are not available and to arrange lodging for said prisoners pending their return to the appropriate New York City Court. NOTE: Warrant Section investigators are available to process such arrests as follows: * Monday to Friday 0630 x 2300 * Saturday and Sunday 0630 x 1800 PROCEDURE When members of the New York State Police return a defendant who has been arrested based on a felony warrant issued by a New York City Court to the custody of this Department: DESK OFFICER 50th PRECINCT 1. Accept custody of prisoner and request a copy of the warrant or NYSPIN message from New York State Police Officer. 2. Verify validation of warrant through Central Warrant Unit, if necessary. 3. Prepare Prisoner Movement Slip, take one photograph of defendant and attach to Prisoner Movement Slip. a. Deliver Prisoner Movement Slip, with photo attached, to Warrant Section personnel. 4. Notify borough Court Section concerned and follow instructions received regarding lodging of prisoner. a. Comply with provisions of P.G. 210-01, "General Procedure - Prisoners," where appropriate. 5. Make Command Log entry of facts including delivering officer's name and command, prisoner's name, condition, OCA# of warrant and court part which issued warrant. a. Include all notifications made. BOROUGH COURT SECT. CONCERNED 6. Designate appropriate location for lodging of prisoner. NOTE: If possible, prisoner should be lodged in 50th Precinct. 7. Notify Bronx Warrant Squad (Monday to Friday) or Central Warrant Unit (Saturday and Sunday), at 0630 hours to respond and take custody of prisoner. WARRANT SECTION INVESTIGATOR 8. Respond to lodging facility and take custody of prisoner. 9. Prepare ARREST REPORT SUPPLEMENT (PD244-152). 10. Deliver prisoner, ARREST REPORT SUPPLEMENT, and Prisoner Movement Slip to appropriate court for processing. RELATED PROCEDURES Arrest On Warrant (P.G. 208-42) General Procedure - Prisoners (P.G. 210-01) FORMS AND REPORTS ARREST REPORT SUPPLEMENT (PD244-152) Prisoner Movement Slip P.G. 208-61 Material Witness Date Effective: 08/01/13 PURPOSE To maintain records of, and safeguard persons detained as material witnesses. PROCEDURE When a person is brought to a stationhouse for detention as a material witness: DESK OFFICER/COUNTERPART 1. Enter "Material Witness" on ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) in block captioned "Charges and Specific Offense." 2. Enter "FOA" under arrest number. 3. Indicate particulars of Detention Order under "Details." NOTE: When assigned to guard a material witness, follow instructions of assistant district attorney and detective squad commander. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-62 Transient Prisoner Date Effective: 08/01/13 PURPOSE To record the detention of transient prisoners. DEFINITION TRANSIENT PRISONER - A prisoner passing through New York City in the custody of a properly identified police officer of another jurisdiction. PROCEDURE When a police officer of another jurisdiction requests detention of a prisoner in his custody: DESK OFFICER/COUNTERPART 1. Request written evidence that the prisoner is being transported to demanding state by executive authority or waiver. 2. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). 3. Enter letter "D" in arrest number block (NO arrest number assigned). 4. Enter "TRANSIENT PRISONER" under caption "CHARGES AND SPECIFIC OFFENSE." 5. Process ON LINE BOOKING SYSTEM ARREST WORKSHEET in usual manner and give white copy to escorting officer. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-63 This Procedure Intentionally Left Blank Date Effective: 01-01-00 P.G. 208-64 City-wide Career Felony - Drug Offender Program Date Effective: 08/01/13 PURPOSE To identify targeted arrested "career felony-drug offenders" for enhanced investigation and to ensure vigorous prosecution. PROCEDURE When a uniformed member of the service effects an arrest for a FELONY DRUG OFFENSE: ARRESTING OFFICER 1. Comply with pertinent arrest procedures. 2. Conduct a warrant check via FINEST System. NOTE: Targeted felony drug offenders will be identified by the letter "X" following the letters "OCA" on the screen and the designation "Target Narcotics Violator" under the prisoner's name. 3. Notify the Organized Crime Control Bureau, Field Operations Desk by telephone (212) 374-6620, if warrant check reveals prisoner is a targeted felony drug offender. NOTE: If arresting officer is assigned to the Narcotics Division such officer will be designated the "Enhancement Officer." If arresting officer is assigned to other than the Narcotics Division, the Organized Crime Control Bureau, Field Operations Desk will notify the Narcotics Division. An enhancement officer will be assigned at the discretion of the Narcotics Division. NARCOTICS DIVISION ENHANCEMENT OFFICER 4. Carefully review all arrest processing forms for completeness and accuracy. 5. Prepare Narcotics Division Case Enhancement Worksheet in triplicate. 6. Ensure that all identifying data re: witnesses is recorded on Worksheet. 7. Obtain additional evidence, if possible. 8. Request expedited lab examination and report. 9. Distribute Narcotics Division Case Enhancement Worksheet as follows: a. Original - appropriate Assistant District Attorney at the Complaint Room. b. Duplicate - to Narcotics Division, Room 1100, Police Headquarters. c. Triplicate - filed at enhancement officer's command. ADDITIONAL DATA If an arrested felony drug offender is not initially identified as a target on the computer data bank because of the use of an alias, the Organized Crime Control Bureau, Field Operations Desk subsequently will receive a notification based on the prisoner's NYSID number. The Field Operations Desk will then advise the Career Felony - Drug Offender Unit, Narcotics Division, which will make the appropriate notifications. P.G. 208-65 Felony Augmentation Program Date Effective: 08/01/13 PURPOSE To establish legally sound cases with the cooperation of the District Attorney, which will result in significant prison terms for career criminals. PROCEDURE When a uniformed member of the service effects a felony arrest, except those involving controlled substances, marihuana, or gambling: ARRESTING OFFICER 1. Comply with the pertinent arrest procedures. 2. Escort prisoner to stationhouse, precinct of arrest. DESK OFFICER 3. After verifying that the arrest is valid, immediately notify the Precinct Detective Squad of the arrest and comply with existing arrest processing procedures. ASSIGNED DETECTIVE 4. Query the Computer Assisted Robbery System (CARS) to ascertain whether the prisoner is a career criminal or a New York State parolee and inform desk officer of results of query (see P.G. 208-59, "Felony Arrests Of Parolees"). 5. Determine from prisoner's criminal history and facts of present case whether arrest should be augmented. 6. Inform desk officer of decision whether or not case will be augmented and advise as to any additional steps to be taken by the arresting officer if the case is to be augmented. WHEN A YOUTH FOURTEEN TO EIGHTEEN YEARS OF AGE IS ARRESTED BY A UNIFORMED MEMBER OF THE SERVICE FOR ROBBERY 1ST DEGREE, ROBBERY 2ND DEGREE OR A SERIOUS VIOLENT FELONY: ASSIGNED DETECTIVE 7. Review circumstances of the arrest. 8. Conduct an inquiry into the prisoner's background including his juvenile contacts with the police. a. If the prisoner's background indicates that he has two or more felony arrests, the investigator will determine if the case should be augmented. DESK OFFICER 9. Contact the Identification Section - Youth Records Unit to obtain information on prior police record of juvenile in order to make certain that no youth arrested for a felony is released while awaiting trial on a violent felony. a. No violent youth will be released to a parent/guardian while awaiting trial on another violent offense. 10. Have INVESTIGATION CARD (PD373-161)/Wanted/Juvenile Recidivist check conducted via FINEST system. See P.G. 208-23, "Computerized Investigation Card System." NOTE: The major consideration as to whether the case will be augmented will be the nature of the present crime with which the youth is involved, in addition to a reasonable prospect of prosecution by the District Attorney's Office. All precinct based investigative units (e.g., BRAM Unit, precinct detective squad, etc.) will enhance any case being made against a violent youth. RELATED PROCEDURES Computerized Investigation Card System (P.G. 208-23) Felony Arrests of Parolees (P.G. 208-59) FORMS AND REPORTS INVESTIGATION CARD (PD373-161) P.G. 208-66 Felony Case Development Date Effective: 08/01/13 PURPOSE To enhance the prosecution of designated felony arrests, to provide arrest intelligence to precinct detective squads and to train patrol personnel in case development procedures. SCOPE The Felony Case Development Program has three main objectives: a. Eliminate the gap between arrest and prosecution of certain designated felonies by providing for an immediate follow-up investigation by the appropriate investigative unit. b. Provide intelligence to precinct detective squads regarding who is being arrested within the confines of the precinct for serious felonies. c. Have experienced investigators train patrol personnel in case development. DEFINITION DESIGNATED FELONY ARRESTS - FOR THE PURPOSE OF THIS PROCEDURE ONLY, listed below are the designated felonies (including attempts) and the appropriate units for referral: CRIME UNIT REFERRED TO ___________________________________________________________________________ * Homicides * Precinct Detective Squad ___________________________________________________________________________ * Burglary (1st & 2nd degrees) * Precinct Detective Squad/RAM Unit * Assault (victim likely to die) * Weapons (loaded firearm) * Grand Larceny (unusual cases): * By extortion * From senior citizens, governmental or religious organizations * Unusual public interest * Robbery (all degrees) ___________________________________________________________________________ * Violent felony committed by a * Precinct Detective Squad/RAM Unit juvenile ___________________________________________________________________________ * Sex Crimes (1st degree), including * Borough Special Victims Squad Aggravated Sexual Abuse ___________________________________________________________________________ * Narcotics (A1 & A2 felonies) * Narcotics Division (212) 374-6960. If closed, OCCB Operations Desk (212) 374-6640 ___________________________________________________________________________ * Bribery * Internal Affairs Bureau, Complaint Intake (212) 741-8401 ___________________________________________________________________________ * Grand Larceny - Auto * Auto Crime Division (100 Major Violators) (718) 592-6787 PROCEDURE When a uniformed member of the service effects the arrest of a person on a felony charge, including charges of juvenile delinquency where the conduct would be a felony if committed by an adult: ARRESTING OFFICER 1. Remove prisoner to precinct of arrest and comply with current arrest procedures. DESK OFFICER 2. Immediately notify precinct detective squad if charge is a felony, other than narcotics or gambling. 3. Notify the borough Special Victims Squad (SVS) if charge is for a first degree sex crime. When the SVS is closed (0100-0800 hours) notify the Detective Borough Night Watch Dispatcher. 4. Refer eligible Designated Felony Arrest to the appropriate investigative unit (see above). NOTE: The following "Letter Classification Codes" will be entered in the UPPER RIGHT corner of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159): a. LETTER "A" - Developed by appropriate investigative unit b. LETTER "B" - Eligible for case development, but WAIVED by investigative unit supervisor due to lack of personnel (not used after 2400 hours or when unit is closed) c. LETTER "C" - Not eligible for case development, i.e., not designated felony, between 2400 hours and 0800 hours and felony not accepted by Night Watch or other open investigative unit d. LETTER "D" - Augmented by precinct detective squad. In addition, LETTER "C" will be entered for all arrests not within the purview of the FELONY CASE DEVELOPMENT PROGRAM, i.e., other than by NYPD members assigned to Patrol Services Bureau OR for designated felonies. DESK OFFICER 5. Direct arresting officer to deliver prisoners to precinct detective squad for post-arrest investigation of all felony arrests designated for case development. PRECINCT DETECTIVE SQUAD SUPERVISOR 6. Determine if arrest should be developed by Precinct Detective Squad or specialized investigative unit. a. Have arresting officer notify specialized investigative squad in appropriate cases. b. Have all cases entered on CASE DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG (PD306-140), including those cases referred to other units. DETECTIVE/SPECIALIZED INVESTIGATIVE UNIT SUPERVISOR 7. Assign detective to conduct case development. a. If lack of investigative manpower prevents such assignment, indicate that case is being waived and reasons for waiver on CASE DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG. The name of the supervisor is to be part of this entry. b. Instruct arresting officer to assist in investigation, as required. c. Supervise follow-up investigation. ASSIGNED INVESTIGATOR 8. Enter case on CASE DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG. 9. Assign next ARREST INVESTIGATION REPORT (AIR) case number. a. AIR numbers are assigned chronologically, beginning with number one for the first case development of the calendar year, by the unit conducting the post-arrest development (e.g. RAM-01, etc.). b. Each investigative unit will maintain its own CASE DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG for the purpose of assigning AIR numbers. However, information on all cases must be phoned into the detective squad covering the precinct of arrest for inclusion on its LOG. 10. Investigate facts relating to commission of crime and subsequent arrest(s) and record facts on ARREST INVESTIGATION REPORT (PD244-1511). 11. Determine principal charge to be lodged against defendant. a. Principal charge will be the highest level of crime for which probable cause can be demonstrated by facts determined during the investigation. NOTE: If the assigned investigator determines that the original charge is not correct, the investigator shall enter the correct charge on the LOG and inform the desk officer. This step will be complied with even when it is determined that the amended charge is not a designated felony. If the desk officer disagrees with the investigating officer as to the proper charge, the investigative squad supervisor will confer with the desk officer to determine the appropriate charge. 12. Present completed ARREST INVESTIGATION REPORT to squad supervisor. a. AIR should include the following checks: (1) BCI - Criminal Record (2) Warrant/Computerized Investigation Card (3) Weapons - FINEST check when applicable. DETECTIVE SPECIALIZED INVESTIGATIVE SQUAD SUPERVISOR 13. Review ARREST INVESTIGATION REPORT for completeness, sign in appropriate space and distribute as follows: a. ORIGINAL (1st) and TRIPLICATE (3rd) copies - to arresting officer. b. DUPLICATE (2nd) copy - together with appropriate COMPLAINT REPORT (PD313-152) to investigative squad which developed case for file. c. QUADRUPLICATE (4th) copy - maintain in separate folder at Precinct Detective Squad (PDS). Specialized investigative squads forward this copy to PDS concerned. NOTE: On the fifth (5th) day of each month, the folder containing the fourth (4th) copy of the ARREST INVESTIGATION REPORTS and the CASE DEVELOPMENT ASSIGNMENT LOG SHEET for the previous month's activity will be forwarded to the borough detective command concerned. 14. Direct arresting officer to forward original ARREST INVESTIGATION REPORT with all other arrest documents as per P.G. 208-15, "Preparation Of Arrest Related Documents At The Stationhouse." ARRESTING OFFICER 15. Retain third (3rd) copy of ARREST INVESTIGATION REPORT for personal records. ADDITIONAL DATA Specialized investigative units (e.g., RAM, Borough Special Victims Squad, etc.) must maintain a CASE DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG to serve as an index with chronological AIR numbers. However, this LOG is for in-house use only. The precinct detective squad copy of the LOG is the only DETECTIVE CASE ASSIGNMENT LOG that should be forwarded to the detective borough coordinator. Therefore, it is imperative that the assigned investigator of a specialized investigative squad provide the necessary information for logging the case (including AIR #) to the precinct detective squad. In cases where a "riding" Assistant District Attorney is present at the arrest scene to supervise the post-arrest investigation it is not necessary to conduct a formal case development; the case should be coded "C" and the name of the Assistant District Attorney entered. If the Assistant District Attorney states over the telephone that he/she will respond, initiate the case development. Upon arrival of the Assistant District Attorney, if he/she does not require that the development be completed, make appropriate notation on AIR; Case will be coded "A" and an AIR number will be assigned. Detective borough commanders are responsible for the Felony Case Development Program in their respective boroughs. Accordingly, they will maintain a system to review completed post-arrest investigations as means of quality control. Additionally, they will ensure that completed documentation is maintained, including reasons when designated felony arrests are not submitted for case development. Every effort will be made to conduct case development in a timely manner. In addition, the CITYWIDE EXPEDITED ARREST PROCESSING program remains in effect when processing Felony Case Development Program arrests. Desk officers are responsible for having all arrest related documents and Live-scan procedures completed expeditiously and in NO CASE LATER THAN THREE HOURS FROM TIME OF ARREST. Furthermore, desk officers will notify the borough court section supervisor and be guided by the court section supervisor's instructions in regards to arraignment delays. In instances where the arrest package is forwarded without the prisoner, prepare a Prisoner Movement Slip and attach one photograph of prisoner. The Prisoner Movement Slip will remain with prisoner until he/she is transported to borough Court Section or court. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Arrest Report Preparation At Stationhouse (P.G. 208-15) FORMS AND REPORTS ARREST INVESTIGATION REPORT (PD244-1511) CASE DEVELOPMENT/DETECTIVE CASE ASSIGNMENT LOG (PD306-140) COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) Prisoner Movement Slip P.G. 208-67 Follow-up Investigations On "Decline Prosecution" Arrest Cases Date Effective: 08/01/13 PURPOSE To determine if a case designated "Decline Prosecution" by the District Attorney's office can be re-opened and prosecuted after a follow-up investigation. SCOPE To ensure that all arrests effected by uniformed members of the service are prosecuted to the fullest extent of the law and in keeping with the Department's arrest strategy to reduce crime and disorder, the Department, in cooperation with all five county District Attorney's Offices has implemented a follow-up investigation initiative for cases that have been designated "Decline Prosecution." Designated "Decline Prosecution" arrest cases will be re-opened and prosecuted, if a requested follow-up investigation is conducted and specific additional information (e.g., interviews, evidence, line-ups, etc.) is obtained. PROCEDURE When a District Attorney's office in a "Decline Prosecution" arrest case requires specific additional information: ADA CONCERNED 1. Forward to borough Court Section, letter indicating the type of additional information (e.g., interviews, evidence, line-ups, etc.) required to re-open case for prosecution. BOROUGH COURT SECTION 2. Immediately forward request to commanding officer concerned. COMMANDING OFFICER/COUNTERPART 3. Ensure that the arresting officer, anti-crime unit, precinct detective squad, Robbery Apprehension Module (RAM), etc., expeditiously complies with the District Attorney's request. UNIFORMED MEMBER OF THE SERVICE ASSIGNED 4. Immediately contact assigned Assistant District Attorney, whose name and telephone number are indicated on form letter, for instructions if the follow-up investigation yields positive results. a. If it is determined that the defendant is to be re-arrested on the same charge that was designated "Decline Prosecution": 1. Issue a new arrest number 2. Fingerprint prisoner 3. Notify the Borough Court Section supervisor. COMMANDING OFFICER/COUNTERPART 5. Have DECLINE PROSECUTION ARREST CASE REPORT (PD244-1515) prepared. 6. Ensure that REPORT is forwarded to borough Court Section within ten business days of receiving District Attorney's request, regardless of outcome of investigation. BOROUGH COURT SECTION 7. Maintain a "Decline Prosecution Arrest Case" log. a. Forward monthly report to Criminal Justice Bureau. NOTE: Failure to return the completed REPORT within this time frame will possibly result in the District Attorney's Office not re-opening the arrest case for prosecution. Whenever a DECLINE PROSECUTION ARREST CASE REPORT is prepared and forwarded to the borough Court Section, a duplicate copy of the REPORT will be prepared for the precinct/command file. ADDITIONAL DATA The DECLINE PROSECUTION ARREST CASE REPORT will not be prepared when the District Attorney's Office form letter indicates that a "Decline Prosecution" case cannot be re-opened for prosecution. In such cases, the form letter will serve to inform commanding officers so that, where necessary, they may instruct, train, and/or monitor the uniformed member of the service concerned. FORMS AND REPORTS DECLINE PROSECUTION ARREST CASE REPORT (PD244-1515) P.G. 208-68 OLBS Computerized Arrest Notification Printout Date Effective: 10-16-13 PURPOSE To have Management Information Systems Division (MISD) forward "On Line Booking System (OLBS) Arrest Notification Printout" to specified commands/agencies for certain arrests. DEFINITION OLBS Computerized Arrest Notification Printout - A computerized printout containing arrest data. PROCEDURE To provide specified commands and agencies with arrest data: MISD PERSONNEL 1. Have "OLBS Computerized Arrest Notification Printout" forwarded to respective commands and agencies on a monthly basis, as follows: ARREST OF/FOR/INVOLVING: * ARSON COMMAND/AGENCY * Arson and Explosion Squad * ARSON, ATTEMPTED ARSON OR FIRE RELATED CRIMINAL MISCHIEF * FDNY - Division of Fire Investigation * ATTORNEY or anyone for violation of Judiciary Law * Deputy Commissioner - Legal Matters * AUXILIARY POLICE OFFICER (confiscate shield and identification card) * Auxiliary Police Section * BRIBERY/ATT. BRIBERY (member of service involved) * Internal Affairs Bureau and Employee Relations Section * BURGLARS TOOLS * Major Case Squad * CIGARETTE TAX VIOLATION * Cigarette Tax Enforcement Unit * CITY UNIVERSITY OF NEW YORK EMPLOYEE * The City University of New York - Deputy University Director of Security and Public Safety * CORRECTION EMPLOYEE * Department of Correction * CRIMINAL ANARCHY INVOLVING DOCUMENT DESCRIBING USE OR MAKING OF EXPLOSIVES * Arson and Explosion Squad * DRUG ADDICT or involving P.L. 220.00 * Narcotics Division - Only if arrest made by Narcotics Division personnel * EXPLOSION BY BOMB or EXPLOSIVE DEVICE * Arson and Explosion Squad * EXPLOSIVE OR BOMB (possession) * Arson and Explosion Squad * FORCIBLE RAPE, FORCIBLE CRIMINAL SEXUAL ACT, SEX ABUSE 1ST DEGREE, or attempts of these crimes * Borough Special Victims Squad * FOREIGN NATIONAL * FRAUDULENT ACCOSTING OR LARCENY BY PICKPOCKET * INTELLIGENCE BUREAU * Special Frauds Squad * GAMBLING OFFENSE * Narcotics Division * HOLDER OF RIFLE/SHOTGUN PERMIT - issued by Firearms Control Board * Office of Chief of Department, Investigation Review Section * HOSPITAL, any offense and prisoner admitted * Borough Court Section Concerned * INSURANCE FRAUD (PL 176.00) * Auto Crime Division * MOTOR VEHICLES reported stolen outside New York State * FBI Auto Squad * NYC HOUSING EMPLOYEE * NYC Housing Authority * NYC TRANSIT EMPLOYEE * MTA-NYC Transit * PISTOL LICENSEE * License Division * POLICE IMPERSONATOR * Internal Affairs Bureau * POSTAL SERVICE, crimes affecting * US Postal Inspector * PRISONER, any offense and $5,000 or more is seized * Property Clerk Division * PROPERTY EVIDENCE * Property Clerk Division * PROPERTY THEFT exceeding $5,000 and property is identifiable by serial numbers or markings (excluding autos) * FBI Major Theft Squad * Major Case Squad * SEAMAN, foreign (violation of narcotics law) * Chief of Department * SPECIAL PATROLMAN * License Division * TELEPHONE SEIZURE (public morals arrest) * Deputy Commissioner - Legal Matters * TOWING CAR DRIVER or OWNER * Department of Consumer Affairs * NYC DEPARTMENT OF TRANSPORTATION EMPLOYEE (Department of Highways, Traffic, Marine & Aviation or Parking Violations Bureau) * NYC Department of Transportation, Inspector General * UNLAWFUL POSSESSION OF RADIO DEVICES (P.L. 140.40) * Communications Division * WATERFRONT EMPLOYEE * Waterfront Commission ADDITIONAL DATA When an arrest is effected by a uniformed member of the service for an offense committed on property under jurisdiction of any of the following police agencies, the arresting officer will enter proper jurisdictional code number in box 28 on the ON LINE BOOKING SYSTEM ARREST WORKSHEET. Management Information Systems Division will forward a copy of the "OLBS Computerized Arrest Notification Printout," as follows: * * * * * * * * * Amtrak Police CSX Transportation Police MTA Police New York State Park Police New York State Police NYC Health and Hospitals Police Port Authority Police Triborough Bridge and Tunnel Authority U.S. Park Police Inquiries after initial arraignment from external private and/or governmental agencies relative to any arrest will be directed in writing to Commanding Officer, Identification Section. He/she will be responsible for determining if the police record has been sealed pursuant to Section 160.50 of the Criminal Procedure Law. P.G. 208-69 Notifications In Certain Arrest Situations Date Effective: 10-16-13 PURPOSE To notify an agency or Department unit in certain arrest cases. PROCEDURE When an arrest is effected and any of the following conditions exists, follow existing arrest procedures and: DESK OFFICER/COUNTERPART 1. Notify Operations Unit DIRECT for arrests involving: a. Alcohol, illegal manufacture or possession b. Any offense, and prisoner has $500 in federal food stamps, except authorized wholesale or retail dealer. c. Any offense, and prisoner is an employee of: (1) New York City, except Fire Department (2) US Internal Revenue Service (3) US Postal Service (4) US Department of State (5) New York State Department of Corrections. NOTE: Whenever an arrested person indicates a school as place of employment, the arresting officer shall ascertain if the school is under jurisdiction of the New York City Department of Education. In the event a member of the Department anticipates the arrest of a Department of Correction employee at a correctional facility, please refer to ADDITIONAL DATA statement below. d. Any offense, and prisoner is a uniformed or civilian member of this Department. (1) Make entry of notification in Telephone Record and include identity of precinct commander/duty captain notified. e. Cigarette tax violation. f. Forgery of prescription for narcotics. g. Extortion or bribery concerning any taxes under jurisdiction of New York City Department of Finance OR criminal impersonation of tax official. h. Any offense and prisoner possesses multiple blank social security cards or multiple social security cards with different names and/or numbers. i. Larceny of parking meter or its contents OR tampering with meters. j. US Postal Law violations. k. Any offense and prisoner is member of Armed Forces (Army, Navy, Air Force, Marines, Coast Guard) OR prisoner is AWOL (Absent Without Leave) OR a deserter. l. Any offense and prisoner is impersonating a New York City Department of Health employee. 2. Make direct notification to agency or command concerned when arrest is effected for: * Criminal Anarchy * Intelligence Bureau * Any offense, and prisoner possesses anarchistic literature advocating the violent overthrow of the existing government of this State or Nation * Intelligence Bureau * Any offense, and prisoner is an employee of: * New York State Division of Substance Abuse Services * Division of Substance Abuse Services * Port of New York Authority * Port Authority * Tri-Borough Bridge and Tunnel Authority (TBTA) * TBTA * United Nations * Intelligence Bureau * New York City Fire Department * Inspector General, Fire Department * New York State Parole, Senior Parole, Supervising Parole Officer * Division of State Parole * New York State Police * Office of Chief Inspector, (518) 457-6554.(During non-business hours notify New York State Police Division Headquarters, (518) 457-6811) * New York State Court System * New York State Unified Court System Command and Communications Center * Any offense, and prisoner is a member of armed forces of a foreign nation * Provost Marshal, Fort Hamilton, Brooklyn * Felony and prisoner is employee of U.S. Department of Defense * Provost Marshal, Fort Hamilton, Brooklyn * Morals or perversion charge and prisoner is employee of U.S. Department of Defense * Provost Marshal, Fort Hamilton, Brooklyn * Any offense, and a youth gang is involved * Intelligence Bureau * Any offense, and Board of Education is involved in any way * School Safety Division * Any graffiti-related offenses * Citywide Vandals Task Force, Transit Bureau * Any offense and prisoner is an employee of The City University of New York * The City University of New York - Deputy University Director of Security and Public Safety * Any offense, and prisoner is involved in the private carting industry, city owned wholesale markets, or boats involved in off shore shipboard gambling emanating from New York city locations. * Business Integrity Commission, via the Organized Crime Control Bureau, Field Operations Desk * Any offense, and prisoner admits, or is determined to be a foreign national * Notify borough Court supervisor * Grand Larceny Auto or C.P.S.P. (motor vehicle or motorcycle) * Any offense and prisoner is a registered sex offender * Auto Crime Division * Fax copy of OLBS to Sex Offender Monitoring Unit (SOMU) 3. Direct arresting officer to notify Intelligence Bureau, Criminal Intelligence Section twenty-four hours/seven days a week, to determine if an immediate response by a member of the Intelligence Bureau is warranted in regards to possible terrorist links, for arrests or seizures involving the following: a. Fraudulent documents b. Identity theft c. Welfare fraud d. Untaxed cigarettes e. Drug paraphernalia f. Telephone calling cards g. Shop lifting h. Baby formula i. Counterfeit money j. Money laundering k. Travelers checks (stolen/counterfeit) l. Money Orders (stolen/counterfeit) m. Credit cards (stolen/counterfeit/bust out schemes) n. Expired candy - consumer affairs violations o. Grand larceny fraud p. Firearms q. Trademark counterfeiting r. Marriage fraud s. Foreign national smuggling t. Cell phones u. Coupon fraud v. Computer fraud w. Khat (a plant used as an habituating stimulant) sales or possession x. Bank checks y. Stolen property z. ATM fraud/theft - bank cards 4. Direct arresting officer to notify Human Resources Administration, Bureau of Client Fraud, by telephone (212) 274-4749 (0830-1700 hours) or (212) 274-4717 (at all other times) and State of New York, Office of the Welfare Inspector General, by telephone (212) 417-2028 (Monday to Friday, 0900-1700 hours) or (800) 682-4530 at all other times, whenever a prisoner is arrested for: a. INCOME GENERATING OFFENSE, i.e., drugs, gambling, prostitution, unlicensed vendor, etc., and the prisoner possesses: (1) Department of Social Services Recipient Identification Card OR (2) Two different sets of identification cards OR (3) Food stamps b. The telephone notification will also be made when prisoner is arrested for ANY OFFENSE and possesses: (1) Two or more social security cards in same name, with different numbers or different names and numbers OR (2) Department of Social Services Recipient Identification Card and more than $500.00 in U.S. currency OR (3) Department of Social Services Recipient Identification Card and an employee ID card from any City agency or other identification indicating any employment. 5. Direct uniformed members of the service making any arrests to question prisoner(s) re: a. Employment or involvement in the child care field in the following capacities: (1) Any employee of a day care center or Headstart Program (2) Any family day care provider or member of household (3) Any employee of a program for protective services, preventive services, youth development and delinquency, runaway and homeless youths, day camp, park or recreation (4) Any employee of a foster care program or member of a foster care family. b. Have arresting officer prepare form Child Care Worker Arrest Notification (Misc. 2148), in duplicate, when prisoner is employed or involved in child care field. c. Immediately notify the Operations Unit, direct, and forward original copy of form to New York City Department of Investigation, in next Department mail. (1) File duplicate copy of form with precinct copy of ON LINE BOOKING ARREST WORKSHEET (PD244-159). ADDITIONAL DATA ANTICIPATED ARREST OF NYC DEPARTMENT OF CORRECTION EMPLOYEE Whenever a member of the Department anticipates the arrest of a Department of Correction employee at a correctional facility, that member must make a telephone notification to the Department of Correction, Investigations and Trials Division, prior to arrival at the correctional facility. The Investigations and Trials Division will coordinate, with the arresting officer, the necessary arrangements for the prompt and safe surrender of its employee. The Department of Correction Investigations and Trials Division can be reach at (212) 266-1440 or (212) 266-1942, during business hours. At all other times, the investigators shall contact the Investigations and Trials Division Duty Supervisor through the Department of Correction Central Operations Desk at (718) 546-1348. This protocol does not limit the right or duty of a member of the service to effect an arrest. If a member of the service experiences a lack of cooperation, he/she shall notify a supervisor. The supervisor will notify the duty captain if the supervisor is unable to correct the situation. Summary arrests and arrests of Department of Correction employees outside correctional facilities are not affected by this procedure. Cases involving corruption or serious misconduct continue to require a notification to the Internal Affairs Bureau Command Center at (212) 741-8401, twenty-four hours a day, seven days a week, in accordance with P.G. 207-22, "Allegations of Corruption Against City Employees (Other than Members of the NYPD)." FORMS AND REPORTS ON LINE BOOKING ARREST WORKSHEET (PD244-159) P.G. 208-70 Processing Of New York State Domestic Incident Reports In The Domestic Violence Database Date Effective: 08/01/13 PURPOSE To improve the tracking, monitoring, and analysis of domestic violence cases. PROCEDURE Whenever entering information from a command's past/current New York State Domestic Incident Report (DCJS-3221) into the new Domestic Violence Database System: UNIFORMED MEMBER OF THE SERVICE 1. Submit hard copy of Domestic Incident Report and any related paperwork [COMPLAINT REPORT (PD313-152), AIDED REPORT WORKSHEET (PD304-152b), ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) etc.] to desk officer. NOTE: The current New York State Domestic Incident Report not have captions for certain pertinent information that is Domestic Violence Database System. Therefore, the following be elicited from the person(s) involved and recorded in the INCIDENT: (DCJS-3221) does collected in the information is to NARRATIVE OF THE a. Alcohol involved b. Narcotic involved c. Verbal dispute only d. Court and Docket number of Order of Protection e. Voucher number of photos (if taken) f. Social security number and alias of persons involved (record next to name if space allows, otherwise include name and information in narrative) g. Reporting officer's tax number in box titled "OFFICER I.D. NO." DESK OFFICER 2. Review hard copy of Domestic Incident Report and any related paperwork for accuracy and completeness and sign. 3. Direct command clerk to enter information from the Domestic Incident Report into the Domestic Violence Database System. COMMAND CLERK 4. Enter information from the Domestic Incident Report into the Domestic Violence Database System and print out computer copy. [I.O. 32 s 11] NOTE: Members of the service entering Domestic Incident Reports into the Domestic Violence Database System should not attempt to translate victims' statements that are written in languages other than English, regardless of whether or not the member is proficient in the other language. However, members should indicate in the "Victims Statement of Allegations/Supporting Deposition" field that the statement is written in a language other than English (i.e., "Victim's statement is completed in apparent Spanish"). 5. Attach hard copy and computer copy and present them to the desk officer for review. NOTE: With the implementation of new, linked computer systems, the command clerk must enter all associated reports and obtain numbers from the other appropriate computer systems (OLCS, Aided, etc.) PRIOR TO entering the data into the Domestic Violence Database System. The command clerk will record all appropriate numbers on the hard copy of the Domestic Incident Report. It is imperative that these numbers are obtained prior to the entry of the Domestic Incident report since these numbers link to the other systems and links information contained therein and CAN NOT be entered or retrieved later. In the event that a Domestic Incident Report is entered into the database without these numbers, it MUST BE VOIDED and re-entered with this information. The command clerk will prepare a Domestic Incident Report for walk- in complainants reporting domestic incidents whenever the command's domestic violence officer is not available to do so. DESK OFFICER 6. Review computer copy and compare to the hard copy for accuracy and completeness. 7. Forward both copies to the command's domestic violence officer/designated reviewer. DOMESTIC VIOLENCE OFFICER/ DESIGNATED REVIEWER 8. Obtain previously assigned victim and/or offender numbers or generate new numbers, as appropriate, from database. 9. Query the Domestic Violence Database System for the following offender information: a. Warrant history b. Investigation card status c. Gun license/permit status d. Criminal recidivist history e. Targeted narcotics violator status f. Domestic violence history NOTE: Results of the New York State Police Information Network (NYSPIN) inquiries concerning orders of protection, probation status and arrest history (Booking Arraignment Disposition System [BADS]), and complaint history (On Line Complaint System [OLCS]), will be entered onto the appropriate captions of the Domestic Incident Report review screen. 10. Ensure that all computer inquiries regarding the offender are completed during the tour in which they are commenced. a. Attach printouts of all inquiries listed in step 9 to the Domestic Incident Report. 11. Forward both copies of the Domestic Incident Report back to the desk officer or domestic violence supervisor for endorsement. DESK OFFICER/DOMESTIC VIOLENCE SUPERVISOR 12. Review the Domestic Incident Report computer summary screen. Ensure that all Domestic Incident Reports and the necessary offender queries are completed. 13. Utilize the supervisory sign off function to finalize each Domestic Incident Report thereby entering it into the Domestic Violence Database System. a. Print finalized copy of Domestic Incident Report. NOTE: Any Domestic Incident Report prepared by a command other than PRECINCT OF OCCURRENCE, must be entered, reviewed and finalized by the COMMAND OF REPORT. The hard copy of the Domestic Incident Report will then be faxed to the precinct of occurrence. The original will be maintained in a file folder marked, "Out of Command DIRs ". (This folder is not required if prepared by a PSA, and the incident occurs within the precincts that they cover). 14. Void any duplicate Domestic Incident Reports and those entered incorrectly or in error. DOMESTIC VIOLENCE PREVENTION OFFICER 15. Prepare daily a Domestic Incident Index utilizing the computer's "Domestic Violence Query-Status Report" for all the Domestic Incident Reports entered the previous day. a. Maintain a copy of the Index in the Domestic Violence office and at the desk. 16. Utilize the computer's add/view "follow-up comments function'" to enter new information (e.g. results of home visits, phone contacts, additional information, etc.) related to the Domestic Incident Report. 17. Utilize the computer's "High Propensity Offender" function to add and remove offenders to the commands High Propensity List. PRECINCT DETECTIVE SQUAD MEMBER 18. Enter case closing status of any resolved domestic violence case into the Domestic Violence Database System. ARREST PROCESSING OFFICER 19. Complete a "Global Name Check" of the offender and victim in all domestic violence arrest cases. a. Print out the result screen and the previously prepared Domestic Incident Report(s). 20. Forward the name check results and Domestic Incident Report(s) with the arrest package to the District Attorney's Office. COMMAND INTEGRITY CONTROL OFFICER 21. Provide members of the service access to the Domestic Violence Database System utilizing the administrator options of the computer as appropriate. 22. Maintain a list of authorized users assigned to the command. 23. Print, review, and maintain on a monthly basis, a list of all voided Domestic Incident Reports entered into the Database. a. Take corrective action where appropriate. ADDITIONAL DATA [I.O. 32 s 11] Members of the service are reminded that the hard copy of the DIR, which should include a statement written in the complainant/victim's own handwriting, is the primary source for information regarding domestic incidents. The handwritten victim's statement is crucial to the District Attorney during the prosecution of a domestic violence case and can serve as the accusatory instrument, when necessary. When a domestic violence officer, precinct detective squad member, or other interested member of the service is investigating a domestic incident and the Domestic Violence Database indicates that the victim's statement is written in a language other than English, he or she should refer to the hard copy of the DIR to obtain the victim's handwritten statement. If the need for a translator arises, members of the service should comply with P.G. 212-90, "Guidelines for Interaction with Limited English Proficient (LEP) Persons". Domestic Incident Reports that are prepared by officers assigned to commands other than precinct of occurrence (i.e. Housing Bureau personnel, etc.) who have access to the Domestic Violence Database System, will be responsible for the data entry, review and finalization of the Domestic Incident Report. The follow-up investigation will be the responsibility of the precinct of occurrence or housing PSA, as appropriate. Due to the sensitive nature of the Database information, access is limited to authorized users and is controlled using CESN passwords. The command's integrity control officer provides access to the system; however, revoked passwords must be re-activated by the integrity control officer assigned to the Management Information Systems Division. Commands will access the Domestic Violence Database System from local area network (LAN) workstations that have Internet Explorer Browser installed. Once the system issues a sequential number and the Domestic Incident Report is reviewed by the domestic violence officer, only a supervisor from the precinct of occurrence is permitted to make modifications. Additionally, once a desk officer/domestic violence supervisor has finalized a Domestic Incident Report for entry into the Domestic Violence Database System, no modifications will be allowed. (This does not include domestic violence officer notes or detective case closing). RELATED PROCEDURES Domestic Violence Prevention Officer (P.G. 202-29) Family Offenses/Domestic Violence (P.G. 208-36) Family Offenses and Domestic Violence Involving Uniformed or Civilian Members Of The Service (P.G. 208-37) Family Offense/Domestic Violence (Photographing Visible Injuries/Damaged Property) (P.G. 208-39) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT (PD313-152) ONLINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) New York State Domestic Incident Report (DCJS-3221) P.G. 208-71 Documentation Of Activity Of Bail Enforcement Agents Date Effective: 08/01/13 PURPOSE To identify bail enforcement agents who are attempting to apprehend wanted persons, and to preserve the peace and ensure public safety in these situations. DEFINITIONS BAIL ENFORCEMENT AGENT - Shall include any person, firm, company, partnership or corporation engaged in the business of enforcing the terms and conditions of a person's release from custody on bail in a criminal proceeding, including locating, apprehending and returning any such person released from custody on bail who has failed to appear at any stage of a criminal proceeding to answer the charge before the court in which he/she may be prosecuted. PROCEDURE When a bail enforcement agent appears at a precinct to notify the Department that he/she intends to apprehend a wanted person: DESK OFFICER 1. Interview bail enforcement agent and verify the following: a. Bail enforcement agent is appropriately licensed or is directly employed by an appropriately licensed bail enforcement agent, and b. Bail enforcement agent is in possession of a bail bond that names the defendant he/she is seeking to apprehend. NOTE: The burden of proving that he/she is appropriately licensed falls upon the bail enforcement agent. The licensing agency, the New York State Department of State, maintains a searchable database of bail enforcement agent licensees (see www.dos.state.ny.us/). Bail enforcement agents who fail to prove that they are appropriately licensed will be advised that they may not make an apprehension until such proof is provided. 2. Prepare BAIL ENFORCEMENT AGENT NOTIFICATION OF SERVICE (PD609-120). 3. Make immediate telephone notification to the Warrant Section's Telephone Inquiry Unit at (718) 217-8484 twenty-four hours a day, seven days a week in order to determine if a member of the Warrant Section is conducting an investigation on the defendant the bail enforcement agent is seeking to apprehend. a. If the warrant is currently under investigation by Warrant Section, the appropriate borough field office will respond to make the arrest. b. If warrant is not currently under investigation by the Warrant Section, the bail enforcement agent(s) will apprehend the wanted person. 4. Make a command log entry pertaining to the bail enforcement agent's information. 5. Record name of person notified at Warrant Section and result of inquiry in the Telephone Record and BAIL ENFORCEMENT AGENT NOTIFICATION OF SERVICE. 6. File BAIL ENFORCEMENT AGENT NOTIFICATION OF SERVICE at command. 7. Direct precinct RMP unit to accompany bail enforcement agent, if requested, in cases where wanted person is believed to be present in an occupied building. NOTE: Since this apprehension is a private, contractual matter, the Department is under no general duty to assist the bail enforcement agent, just as the Department has no duty to assist a car repossessor, for example, in the recovery of a vehicle. However, police personnel should respond to the scene of the apprehension to preserve the peace in the same manner that the Department preserves the peace at the scene of civil process executions by the City Marshall. 8. Notify the desk officer of the police service area concerned if wanted individual resides in a housing development. NOTE: Bail enforcement agents MUST appear at the precinct which covers the location that the wanted individual is to be apprehended. If a UMOS encounters a bail enforcement agent who did not notify this Department of the attempt to apprehend a wanted person into their custody, the uniformed member will immediately direct the agent to the desk officer of the precinct which covers the location where the wanted individual was or is to apprehended. UNIFORMED MEMBER OF THE SERVICE ASSIGNED 9. Accompany bail enforcement agent to location, if directed. a. Notify radio dispatcher of assignment and location. NOTE: Bail enforcement agents shall be responsible for the apprehension process. The primary duty of members of the service will be to preserve the peace and protect life and property. Absent unusual circumstances, it will be the responsibility of the agent to search, secure, and transport the wanted person back to the original jurisdiction. If weapons or other contraband are found on the wanted person, this Department will affect the arrest. However, in the interest of preventing unlawful detentions, members of the service should attempt to verify that the person apprehended is in fact the wanted person. If reasonable doubt exists, all parties should be returned to the precinct for investigation that should include a federal, state and local warrant check, and the results entered on the BAIL ENFORCEMENT AGENT NOTIFICATION OF SERVICE. Once it is determined that the individual is in fact the wanted person being sought by the bail enforcement agent(s), allow the agent(s) to transport the wanted person back to the original jurisdiction. ADDITIONAL DATA Bail bonding companies often subcontract the task of apprehending their clients to independent bail enforcement agents. New York law permits the surety to empower another to apprehend the defendant, provided that the surety provides written authority for the agent to do so, endorsed on a certified copy of the bail bond. New York Law also requires that such agent be over twenty years of age (see Criminal Procedure Law 530.80) Chapter 562 of the laws of New York State requires any person or company engaged in the business of bail enforcement in New York State to be properly licensed. The law shall apply to all bail enforcement businesses, whether based in or outside of New York State, that conduct business within New York State. Exceptions to this provision are New York State private investigators that are licensed separately. Under the law, a licensed private investigator may perform the function of a bail enforcement agent. However, a bail enforcement agent may not perform the function of a private investigator, unless the individual is properly licensed. The licensing requirement of the new law applies to the bail enforcement business, not the individual agent/employee performing the bail enforcement function. For example, an individual bail enforcement agent that lives in Las Vegas, Nevada and performs bail enforcement in New York City does not need a license from New York State, so long as the bail enforcement business that employs him/her is licensed in New York State. However, the bail enforcement agent/employee is subject to the training and education requirements of the new law. In addition, a bail enforcement agent that is acting as a sub-contractor to a bail enforcement business, and is not a direct employee thereof, is required to be licensed in New York. Any person that falsely states or represents that he or she works for a licensed bail enforcement business shall be guilty of an unclassified misdemeanor [General Business Law, Section 81(1)]. Law enforcement officers engaged in their official duties are exempt from this law. The law states that a "representative of a local law enforcement agency may accompany a bail enforcement agent when the agent enters what is believed to be an occupied structure to search for or apprehend a person." However, the provision authorizing law enforcement agents to accompany bail enforcement agents to search for or apprehend someone is not intended to in any way to expand the police powers beyond what is currently authorized by law, nor does it require a police officer to assist an agent in this manner. It must be emphasized that the Department's role when accompanying a bail enforcement agent to the scene of a prospective apprehension is preservation of the public peace, in the same manner that the Department preserves the peace at the scene of civil process executions by the city marshal. This Department will NOT permit or give assistance to the bail enforcement agent to break and enter any dwelling for the purpose of seizing a defendant inside. The bail enforcement agent should be further informed that he/she is subject to arrest if he violates any laws in New York. Members of the service seeking additional guidance regarding bail enforcement agents will refer to Legal Bulletin "The Authority of Bail Bondsman" (Volume 21, Number 6, December 1991). Any further questions can be directed to the Legal Bureau at (646) 610-5400. RELATED PROCEDURES Arrest By A Civilian (P.G. 208-04) Evictions, Repossessions And Other Civil Process (P.G. 214-13) FORMS AND REPORTS BAIL ENFORCEMENT AGENT NOTIFICATION OF SERVICE (PD609-120) P.G. 208-72 Obtaining Prisoner DNA Sample In Compliance With Executive Law 995 Date Effective: 08/01/13 PURPOSE To obtain a DNA sample from certain identified prisoners. PROCEDURE When a prisoner is required to submit a DNA sample for inclusion in the state DNA databank: BOROUGH COURT SECTION RAP/WARRANT OFFICER 1. Review all prisoner Rap Sheets and identify Rap Sheets with the banner heading "REQUIRED TO PROVIDE A DNA SAMPLE FOR INCLUSION IN THE STATE DNA DATABANK." 2. Stamp or write on front page of Rap Sheet "DNA SAMPLE REQUIRED" and notify assigned supervisor. 3. Make entry in the DNA Sample Log, completing all appropriate captions. 4. Ensure system generated DNA banner entry in OLPA (ON-LINE PRISONER ARRAIGNMENT) system indicating whether DNA is required or not required, is accurate. BOROUGH COURT SECTION SUPERVISOR 5. Certify the accuracy and completeness of entries in DNA Sample Log. 6. Utilize the OLPA system to obtain the lodging location of the defendant and ensure that a DNA banner entry was made. 7. Notify Intake Supervisor to assign a police officer to obtain a DNA sample, if prisoner is already lodged at the court section. DURING COURT SECTION INTAKE PROCESS INTAKE OFFICER/COURT SECTION MEMBER 8. Check the OLPA system to determine whether prisoner being lodged at borough court section is required to give a DNA sample. a. If OLPA DNA banner entry was not made, but a NYSID number is present in OLPA system, call rap/warrant post or query eJustice NY to ascertain whether DNA is owed. 9. Notify intake supervisor if DNA sample is owed. INTAKE SUPERVISOR 10. Ensure the OLPA system is queried for all prisoners being lodged to identify prisoners owing DNA samples. a. Assign a uniformed member of the court section to obtain a DNA sample at the intake area. UNIFORMED MEMBER OF THE SERVICE ASSIGNED 11. Obtain DNA sample from prisoner utilizing the DNA Specimen Collection Kit and be guided by the instructions on the INSTRUCTIONS FOR NYS DNA Databank Convicted Offender DNA Collection Kit form. NOTE: The NYS DNA Databank Convicted Offender DNA Collection Kit contains several items. One item is a 2x4 envelope with captions for the offender's name, NYSID #, and a barcode. If the name, NYSID #, or barcode is missing from the 2x4 envelope, the sample will not be accepted into the DNA databank and a new collection sample will be requested. Any illegible information may also create the need for a new sample collection. 12. Update OLPA DNA banner entry to indicate the DNA sample was obtained. 13. Notify borough court section supervisor once DNA sample is obtained of results and time sample was obtained. BOROUGH COURT SECTION SUPERVISOR 14. Stamp or write "SAMPLE OBTAINED" on front page of Rap Sheet and initial. 15. Make entry in the DNA Sample Log describing sample obtained and time sample was obtained. 16. Process prisoner's case and: a. Review completed DNA Specimen Collection Kit for accuracy and completeness. b. Forward DNA Specimen Collection Kit as per instructions on Kit. IF PRISONER REFUSES TO SUBMIT A DNA SAMPLE UNIFORMED MEMBER OF THE SERVICE ASSIGNED 17. Notify intake supervisor of prisoner's refusal to submit a DNA sample. INTAKE SUPERVISOR 18. Direct uniformed member of the court section to read Owe DNA Notification Sheet, as provided by the respective borough's District Attorney's Office. a. Direct uniformed member to obtain DNA sample, if prisoner consents to provide sample b. Direct uniformed member to re-arrest prisoner and charge prisoner with Obstructing Governmental Administration 2nd Degree, P.L. 195.05, if prisoner refuses to provide sample. NOTE: This new arrest will be processed at the borough court section facility. UNIFORMED MEMBER, COURT SECTION 19. Process arrest within borough court section and comply with normal arrest processing procedures. BOROUGH COURT SECTION SUPERVISOR 20. Direct that an OLPA "RE-ARREST" informational activity entry be made indicating the prisoner's refusal to submit a DNA sample at the court section. 21. Write on top of Rap Sheet and all case jackets "REFUSED DNA SAMPLE". 22. Make entry regarding prisoner's refusal in DNA Sample Log and include the new arrest number. 23. Notify District Attorney's Complaint Room/ECAB supervisor of the prisoner's refusal to submit a required DNA sample and of the additional arrest charge. IF PRISONER INITIALLY REFUSES TO PROVIDE SAMPLE AND HAS BEEN RE-ARRESTED AND CHARGED WITH OBSTRUCTING GOVERNMENTAL ADMINISTRATION, BUT AT ARRAIGNMENT WISHES TO PROVIDE A DNA SAMPLE UNIFORMED MEMBER ASSIGNED TO COURTROOM POST 24. Notify court operations supervisor/platoon commander of prisoner's willingness to provide DNA sample. COURT OPERATIONS SUPERVISOR/PLATOON COMMANDER 25. Direct court section personnel officer to obtain a DNA sample utilizing a DNA Specimen Collection Kit and forward to borough court section supervisor for processing. ADDITIONAL DATA Once a sample has been obtained from a prisoner who has refused to submit DNA, and has been re-arrested and charged with Obstructing Governmental Administration, a supervisor will notify the District Attorney at arraignment. At any time during the arraignment process, any member that observes a Rap Sheet with the DNA banner "REQUIRED TO PROVIDE A DNA SAMPLE FOR INCLUSION IN THE STATE DNA DATABANK" that DOES NOT have an appropriate stamp/written entry, will bring this to the attention of a supervisor. If this occurs in the courtroom, the defendant's arraignment will be delayed until the case can be reviewed by a supervisor. A banner reading "REQUIRED TO PROVIDE A DNA SAMPLE FOR INCLUSION IN THE STATE DNA DATABANK" will be removed from a Rap Sheet one month after DNA samples have reached the State Police Laboratory. If prisoner is re-arrested before the month has passed, members of the service concerned can verify a sample was obtained by contacting the New York State Division of Criminal Justice Services Office of Forensic Services or the Department's Criminal Justice Bureau. FORMS AND REPORTS Instructions For NYS DNA Databank Convicted Offender DNA Collection Kit Owe DNA Notification Sheet RELATED PROCEDURES Exposure Of Members Of The Service To Infectious Disease Or Hazardous Materials (P.G. 205-10) Communicable Disease (P.G. 216-11) P.G. 208-73 Notifications to the Organized Crime Control Bureau Field Operations Desk by Other Commands/Units, When a Specified Condition Exists/is Suspected, Whether or Not An Arrest is Effected Date Effective: 08/01/13 PURPOSE To ensure that timely notifications are made to the Organized Crime Control Bureau (OCCB) Field Operations Desk by other commands/units when a specified condition exists/is suspected, whether or not an arrest is effected. DEFINITIONS A specified condition is any of the following: NARCOTICS OFFENSES - violations of law related to the sale or possession of controlled substances and marihuana as defined in Articles 220 and 221 of the New York State Penal Law. VICE RELATED OFFENSES - violations of law related to illegal gambling, loan sharking, prostitution, sexual exploitation of children, fireworks, untaxed cigarettes, human trafficking, unlicensed social clubs, ABC/SLA violations or any incident that effects the licensing of bars/clubs. AUTO CRIME OFFENSES - violations of law related to the organized theft of motor vehicles, motor vehicle parts and motor vehicle insurance frauds. FIREARMS OFFENSES - violations of law related to the sale or possession of illegal firearms. ORGANIZED CRIME OFFENSES - these include but are not limited to, those offenses under the purview of the Organized Crime Investigation Division, such as traditional and non-traditional organized crime, money laundering, labor racketeering, trademark counterfeiting, offenses involving the private carting industry, city owned wholesale markets and shipboard gambling. PROCEDURE When any of the following conditions exists/is suspected: a. The debriefing of a defendant(s) by OCCB personnel would be beneficial (e.g., subject arrested for shoplifting has knowledge of a heroin supplier or individual is arrested for smoking marihuana who has information on guns being brought into the city for sale from out of state) OR b. A follow-up investigation by OCCB personnel is necessary (e.g., subject arrested by patrol for misdemeanor possession of a controlled substance has knowledge of a location from which crack cocaine is being sold or patrol effects an arrest for auto stripping and the defendant has information on a chop shop) OR c. The expertise of OCCB is needed to enhance the prosecution of the case (e.g., patrol recovers policy (betting) slips that requires the counting of bets waged to determine the proper charges or the check of a confidential VIN is required to determine the true owner of a vehicle) OR d. Summonses, where applicable, are issued in lieu of arrest for OCCB offenses as outlined in the "Definitions" section OR e. When a specified condition exists/is suspected, whether or not an arrest is effected (e.g., numerous radio runs generated by 311 calls to a location alleging the operation of an unlicensed social club would require a notification by the responding uniformed members of the service to the OCCB Field Operations Desk). ARRESTING/ RESPONDING OFFICER OF RECORD 1. Notify the OCCB Field Operations Desk via telephone twenty-four hours/seven days a week as required above. NOTE: The OCCB Field Operations Desk MUST be notified of ALL controlled substances arrests and ALL marihuana arrests for the following charges: a. Criminal possession of a controlled substance first degree (P.L. 220.21), second degree (P.L. 220.18) and third degree (P.L. 220.16) b. Criminal sale of a controlled substance in the first degree (P.L. 220.43), the second degree (P.L. 220.41) and the third degree (P.L. 220.39) c. Criminal sale of a controlled substance in or near school grounds (P.L. 220.44) d. Criminal possession of marihuana in the first degree (P.L. 221.30) or second degree (P.L. 221.25) e. Criminal sale of marihuana first degree (P.L. 221.55) or second degree (P.L. 221.50). 2. Provide pertinent details of arrest and/or circumstances requiring conferral from the OCCB Division concerned. 3. Make record of notification in "Narrative" section of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), including date, time and rank/name of person notified at OCCB. 4. Be guided by OCCB Field Operations Desk personnel. DESK OFFICER 5. Ensure arresting/responding officer of record has made required notification to OCCB Field Operations Desk as indicated above. 6. Make Command Log entry of notification details. NOTE: If any question exists as to whether or not a notification must be made, always make the notification. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 208-74 Arrest Processing Of Persons Wanted For Multiple Incidents Date Effective: 08/01/13 PURPOSE To ensure the processing of arrests associated with persons who may be responsible for additional criminal incidents by preparing separate ON LINE BOOKING SYSTEM ARREST WORKSHEETS (PD244-159) and LIVESCAN prints for each of the incident(s). PROCEDURE When it has been determined that an individual in custody may be responsible for additional criminal incidents recorded within ANY command, the following procedure will apply: ARRESTING OFFICER 1. Confer with detective squad member and determine additional charges. 2. Inform desk officer of additional criminal incidents for which charges will be preferred. 3. Process the initial arrest in accordance with P.G. 208-03, "Arrest General Processing." DETECTIVE BUREAU MEMBER 4. Conduct an investigation to determine additional criminal incidents, if any, which were committed by the perpetrator. 5. Notify detective squad supervisor and inform him/her of relevant facts. 6. Determine charges for which the perpetrator will be prosecuted. 7. Process additional ON LINE BOOKING SYSTEM ARREST WORKSHEETS and print via LIVESCAN for each separate criminal incident. 8. Notify the respective borough Court Section concerned of all arrest numbers associated with the individual(s) in custody. NOTE: In those instances where a patrol unit has made the initial arrest, and additional criminal incidents have been identified whereby charges will be preferred, the patrol unit will process the initial arrest, and the Detective Bureau member concerned will process each additional arrest(s). It is the responsibility of a Detective Bureau supervisor to oversee this process if additional arrests concern the same command or a Detective Bureau Zone Commander if multiple commands are involved. (See Additional Data statement.) DETECTIVE SQUAD SUPERVISOR/ COVERING SUPERVISOR 9. Verify each criminal incident for which charges will be preferred. 10. Coordinate the arrest process and ensure that separate ON LINE BOOKING SYSTEM ARREST WORKSHEETS and LIVESCAN prints are prepared for each criminal incident. 11. Coordinate and supervise lineups, if conducted, in accordance with P.G. 208-24, "Identification Lineups/Showups." 12. Notify Detective Bureau supervisor/covering supervisor of command concerned should it be suspected the perpetrator is wanted for additional criminal incidents within other commands. 13. Notify Detective Squad Zone Commander should additional criminal incidents for which charges will be preferred involve outside commands. NOTE: This includes specialty squads such as Special Victims, Special Investigations, Borough Robbery and/or Transit Squads, etc. 14. Ensure that notification is made to respective borough Court Section concerned of all arrest numbers associated with the individual(s) in custody. NOTE: When it has been determined that an individual will be processed for crimes having occurred in more than one command, the prisoner will remain at the initial command of arrest, and concerned Detective Bureau commands will respond, if need be, to conduct an investigation. Members are reminded that ON LINE BOOKING SYSTEM ARREST WORKSHEETS may be prepared at any command regardless of the prisoner's location. All LIVESCAN prints will be processed at the command wherein the prisoner is located. The transporting of a prisoner should be kept to a minimum. Detective squad supervisors will be responsible to ensure coordination and efficiency. DETECTIVE SQUAD ZONE COMMANDER/COVERING DETECTIVE DUTY CAPTAIN 15. Confer with counterparts should criminal incidents for which arrest will be processed involve another zone or specialty squad. 16. Ensure coordination between multiple commands in processing additional arrests. ADDITIONAL DATA COURT ORDERS TO PRODUCE In those instances where a post-arraignment/in-custody/defendant is wanted for additional crime, it is the responsibility of the investigator obtaining such take out order to confer with the Assistant District Attorney and, if need be, coordinate with respective Detective Bureau commands to process additional arrest. IDENTIFIED PERPETRATORS When an individual has been identified for a past crime by an investigative entity, and an apprehension is made by a patrol unit based solely on such identification, the arrest will be processed by the concerned Detective Bureau command. However, should the same person be apprehended as a "live-arrest", the first arrest will be processed by the patrol unit, and additional arrests will be processed by the concerned investigative unit. CROSSING BOROUGH BOUNDARIES When it has been determined that an individual in custody is wanted for crime(s) having occurred in another geographical borough a notification will be made to the concerned detective squad and the overhead Detective Borough/Division Command concerned. It will be the responsibility of the concerned investigative unit to monitor the custody status of the prisoner so as to coordinate an arrest prior to the prisoner's release. PERPETRATOR LINKED TO CRIMES INVESTIGATED BY BOROUGH ROBBERY OR TRANSIT SQUADS In addition to any summary arrest made by patrol or a detective squad, and where it has been determined that an individual is part of an established Borough/Citywide Robbery pattern, or is linked to crimes having occurred in Transit, the respective Borough Robbery Squad or Transit Squad will be notified and act in accordance with this procedure. A notification will be made to the concerned Detective Bureau Major Crimes/Detective Zone Commander/Detective Duty Captain concerned. PERPETRATOR LINKED TO SPECIAL INVESTIGATIONS DIVISION OR SPECIAL VICTIMS DIVISION INVESTIGATIONS In addition to any summary arrest made by patrol or a detective squad, and where it has been determined that an individual is linked to crimes being investigated by the Special Investigation Division or the Special Victims Division, notifications will be made to the Detective Bureau Duty Captain and the Chief of Detectives. The Chief of Detectives in turn will notify the respective investigative unit. RELATED PROCEDURES Arrest - General Processing (P.G. 208-03) Arrest Report Supplement (P.G. 208-13) Arrest Report Preparation at Stationhouse (P.G. 208-15) Identification Lineups/Showups (P.G. 208-24) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEETS (PD244-159) P.G. 208-75 Enhancement Of Offenses Involving Firearms Date Effective: 08-01-13 PURPOSE To conduct a thorough investigation in an effort to reduce violent crime and identify offenders engaged in the possession, sale, illegal "Straw" purchase, trafficking and distribution of firearms. In addition, enhanced investigations into offenses relating to firearms will potentially result in presenting a stronger case for prosecution to the District Attorney. DEFINITIONS STRAW PURCHASE: A purchase of a firearm by a person who has a license/permit and illegally purchases the firearm from a federally licensed firearms dealer for another person. This includes the purchase for unlicensed sellers, criminal users, juveniles, and other prohibited possessors who may include friends, associates, relatives, or gang members. PROCEDURE When a member of the service affects an arrest involving the use of a firearm or comes into possession of a firearm under circumstances that require an investigation, in addition to other required actions: UNIFORMED MEMBER OF THE SERVICE 1. Notify the Desk Officer of an arrest involving a firearm or the recovery of a firearm that requires an investigation. 2. DO NOT touch, move, or disturb any firearm and/or firearm related evidence that may become part of a crime scene except when absolutely necessary, (e.g., large crowd gathering, hindering aid to a victim etc.). 3. Process recovered firearm in accordance with Patrol Guide 218-23, "Processing Firearms and Firearm Related Evidence." 4. Deliver firearm(s) and firearm related evidence to the Desk Officer, command of occurrence. DESK OFFICER 5. Ensure that firearm(s) and firearm related evidence is properly marked, packaged and sealed. 6. Notify the Precinct Detective Squad/Bureau Detective Squad concerned immediately of the need to enhance the arrest involving a firearm(s) or the need to conduct an enhanced firearm investigation. ASSIGNED DETECTIVE/PRECINCT DETECTIVE SQUAD/ DETECTIVE BUREAU UNIT 7. Initiate a case upon notification of an investigation concerning a firearm or firearm related offense. This includes summary arrests affected by patrol personnel. a. Conduct a full investigation into the possession, sale or distribution of the firearm(s). NOTE: Detective Borough Bronx and Detective Borough Brooklyn will continue gun enhancements with the Trigger Lock program, but will utilize the new format 8. Complete a GUN ENHANCEMENT CHECKLIST (PD324-060) form and A FIREARM INFORMATION WORKSHEET (PD324-152) in all gun enhancement cases and include in case folder along with a photo of the defendant and the firearm(s). a. A separate FIREARM INFORMATION WORKSHEET will be completed for each individual arrested. b. The photo of the defendant should be a full-length body photo. If available, clothing used during the commission of the crime should be worn by the defendant for the photo. Where appropriate, clothing items used to conceal the weapon should also be invoiced and preserved as evidence. c. To aid in the debriefing process, the initial investigative steps (e.g., computer inquires) listed on the GUN ENHANCEMENT CHECKLIST form should be conducted prior to questioning the defendant(s). NOTE: When investigation reveals that more than one supplier and/or transporter of firearms exists, additional FIREARM INFORMATION WORKSHEETS will be prepared. 9. Photograph and invoice items, other than clothing, used to conceal weapon(s) (e.g., book bags, briefcase, suitcase, etc.). 10. Secure cell phone/pager information from the defendant, if appropriate. NOTE: The assigned detective interview all witnesses, complainants, and police officers and ensure that the interviews are recorded on a COMPLAINT FOLLOW-UP (PD313-081) or COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A), as appropriate. The arresting officer, when possible, should be present with the case detective during all interviews of complainants, witnesses and defendants in order that he/she may testify to any statements during the prosecution phase and reduce the need for the detective to appear in court. Members assigned to Nightwatch will conduct a full investigation and debriefing of all firearms arrests affected between the hours of 0100 and 0600 hours, with a follow-up conducted by the precinct detective squad/bureau detective squad concerned. If, for documented reasons, Nightwatch cannot respond, the Detective Bureau Nightwatch supervisor will immediately notify the Detective Bureau Duty Captain, who will decide who will conduct the gun enhancement case. If Nightwatch is unable to respond and the arrest has already been processed by the precinct concerned, the detective squad supervisor will call the Borough Court Section supervisor to ascertain if the defendant has been arraigned, or if legal counsel has been appointed. If the defendant has not been arraigned, nor legal counsel appointed to the defendant, then a request will be made to hold the defendant so a debriefing can be conducted. The detective squad supervisor will direct a detective to respond to the Borough Court Section concerned to conduct the investigation. ASSIGNED DETECTIVE 11. Close the case as an enhancement (B8) if no information is developed relative to the source of the weapon or other criminality. 12. Notify the Commanding Officer of the Precinct Detective Squad or Detective Bureau Unit when information of a positive nature relative to the source of the weapon is obtained. COMMANDING OFFICER PRECINCT DETECTIVE SQUAD/DETECTIVE BUREAU UNIT 13. Notify the Commanding Officer, Joint Firearms Task Force, when information of a positive nature is developed relative to the source of the weapon. The criteria for referral to the Joint Firearms Task Force is as follows: a. A FINEST inquiry reveals that the weapon was stolen from a Federal Firearms Licensee or during transport to a Federal Firearms Licensee. b. An inquiry through the Bureau of Alcohol, Tobacco and Firearms (BATF) twenty four hour gun center reveals the weapon was part of a multiple sale or was designated as an ATF suspect gun. c. When preliminary investigation clearly reveals a definitive nexus to interstate trafficking (i.e. receipts from gun store, out-of-state driver's license and/or auto, numerous brand new guns in boxes, or military personnel are involved.) 14. Notify the Commanding Officer, O.C.C.B. Firearms Investigation Unit, in all other instances, or if unable to notify the Joint Firearms Task Force. ASSIGNED DETECTIVE 15. Refer the case (B5) to the O.C.C.B. Firearms Investigation Unit or the Joint Firearms Task Force as appropriate, if the Commanding Officer, O.C.C.B. Firearms Investigation Unit or the Commanding Officer, Joint Firearms Task Force deems the information to be of a positive credible nature and recommends an investigation be commenced. 16. Close the case as an enhancement (B8) if neither the Commanding Officer, O.C.C.B. Firearms Investigation Unit nor the Commanding Officer, Joint Firearms Task Force deems the information to be of a positive nature. COMMANDING OFFICER, PRECINCT DETECTIVE SQUAD/ DETECTIVE BUREAU UNIT 17. Review COMPLAINT REPORTS (PD313-152) on a daily basis to ensure that all arrests involving firearms are properly investigated. 18. Generate a monthly report listing the number of gun enhancement cases and the results. a. Forward monthly report, through channels, to the Commanding Officer, Central Investigations and Resource Division by the 15th of each month. ADDITIONAL DATA The Organized Crime Control Bureau and other Department investigative units will open their own gun enhancement cases when a firearm comes to their attention during an investigation. These commands will also ensure that their members immediately notify the precinct detective squads concerned regarding the circumstances of the arrest and the identity of the defendant. This will ensure that the local precinct that may be looking for information on other crimes committed by the defendant is made aware of the arrest. In addition, a copy of the completed case enhancement folder should be forwarded to the detective squad concerned. RELATED PROCEDURES Processing Firearms and Firearm Related Evidence (P.G. 218-23) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) GUN ENHANCEMENT CHECKLIST (PD324-060) FIREARM INFORMATION WORKSHEET (PD324-152) P.G. 208-76 New York City Housing Authority Trespass Notice Program Date Effective: 08-01-13 PURPOSE To improve the safety and quality of life for residents of public housing by providing notice of the exclusion of, or the limitation of, an individual's permission and/or authority to enter or remain upon premises and properties of the New York City Housing Authority (NYCHA) as a result of certain arrests. SCOPE This procedure has been developed as part of an ongoing effort to reduce crime within New York City Housing Authority developments. Under this procedure, persons arrested "On-Development," as defined below, will be excluded from entering New York City Housing Authority Property. Those excluded persons who are found to have violated the terms of the NEW YORK CITY HOUSING AUTHORITY TRESPASS NOTICE (PD672-120) will be arrested and charged with trespass as outlined in P.G. 208-77, "Processing Arrests Made Pursuant to the New York City Housing Authority Trespass Notice Program." Members must also be aware that the trespass offense must occur on "NYCHA Property" which differs from "On-Development." See P.G. 208-77, "Processing Arrests Made Pursuant to the New York City Housing Authority Trespass Notice Program" for a definition of "NYCHA Property." DEFINITIONS ON-DEVELOPMENT - An arrest for felony sale of a controlled substance or felony sale of marijuana will be subject to this process if it occurs on: a. All New York City Housing Authority buildings, apartments, managers' offices, maintenance areas, storage areas, etc. b. All walkways, grounds, parking areas and development driveways located within New York City Housing Authority developments. c. Stores, laundries, community centers, childcare centers, senior citizen centers, health stations, etc., which operate within New York City Housing Authority buildings. d. From the center line of streets which are contiguous to New York City Housing Authority grounds inward toward New York City Housing Authority buildings. e. Entire city streets where Housing Authority developments are located on both sides of the street. For those city streets where Housing Authority developments are immediately adjacent to privately owned residences, commercial establishments, etc., then only the length of the Housing Authority development, from the center line of the street to the Housing Authority development building line, will be considered an on-development enforcement incident. f. New York City Parks Department areas and playgrounds within or immediately adjacent to New York City Housing Authority grounds. g. New York City Department of Education playgrounds within or immediately adjacent to New York City Housing Authority grounds. h. Piers or bulkheads immediately adjacent to New York City Housing Authority grounds. NOTE: Housing development residents arrested under this program will be excluded from all NYCHA properties and premises, other than their resident apartment and related common areas within their resident development. (See P.G. 208-77, "Processing Arrests Made Pursuant to the New York City Housing Authority Trespass Notice Program"). NYCHA TRESPASS DATABASE - A database maintained by the New York City Housing Authority and accessible to members of the New York City Police Department which identifies arrestees served with TRESPASS NOTICES under this program. This database is accessible from all Department LAN terminals, and contains current information regarding exclusions, conditions (if any), and the status of appeals to these exclusions. PROCEDURE Whenever a member of the service effects the arrest of an individual at least sixteen years of age for felony sale of a controlled substance or for felony sale of marijuana committed "On-Development," as defined above, that member will, in addition to appropriate arrest related procedures: ARRESTING OFFICER 1. Comply with P.G. 208-03, "Arrests - General Processing" and, in addition, prepare a NYCHA TRESPASS NOTICE and serve NOTICE on arrestee. a. A new TRESPASS NOTICE will be served on an arrestee each time he/she is arrested for felony sale. NOTE: If the only basis for a felony criminal sale of marijuana arrest is that portion of Penal Law 221.50, which states "knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana to a person less than eighteen years of age," the arrestee WILL NOT be served with a TRESPASS NOTICE. 2. Complete all captions, sign and date as indicated on the TRESPASS NOTICE. a. If the individual claims to reside on NYCHA property, verify that the address given is NYCHA property. NOTE: Addresses can be verified by contacting the desk officer of any PSA or the Housing Bureau Wheel. Each PSA will maintain a current NYCHA property directory at the desk. 3. Telephone the Housing Bureau Wheel at (646) 610-4744 to obtain a Trespass Notice log number. 4. Enter Trespass Notice log number on the original TRESPASS NOTICE. 5. Request the defendant sign and date the original TRESPASS NOTICE to acknowledge receipt. a. If the defendant refuses to sign the TRESPASS NOTICE, arresting officer will enter REFUSED in the defendant's signature space, initial and date. 6. Make five copies of the signed TRESPASS NOTICE and serve a copy on the arrestee. 7. Fax a copy of the signed TRESPASS NOTICE to the Housing Bureau Wheel at (646) 610-8963. 8. Telephone the Housing Bureau Wheel at (646) 610-4744 to confirm receipt of the fax. 9. Prepare a "Trespass Notice Package" and ensure all of the following documents are included in the package: a. The original signed copy of the TRESPASS NOTICE b. Copy of computer generated ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) c. Copy of computer generated COMPLAINT REPORT (PD313-152) d. Copy of PROPERTY CLERK INVOICE (PD521-141) e. Copy of REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168), when prepared f. Copy of Search Warrant (not the application for a search warrant), when applicable. 10. Deliver the NYCHA Trespass Notice package and four copies of the TRESPASS NOTICE to the desk officer PSA/precinct of arrest. DESK OFFICER 11. Review completeness and accuracy of all documents included in the package. 12. Enter Trespass Notice log number in the Command Log with the original arrest entry. 13. Forward completed NYCHA Trespass Notice package via Department mail to the Housing Bureau Special Operations Section, 2768 Frederick Douglas Blvd, Room H-507, New York, New York, 10013, Attention: NYPD Trespass Program Liaison. 14. Distribute four copies of TRESPASS NOTICE as follows: a. PSA of occurrence - to be maintained chronologically, in a binder at the desk for future reference. (For Housing locations not covered by a Police Service Area, file at desk of precinct covering such Housing location) b. District Attorney, with arrest package c. Precinct of occurrence d. Arresting officer NOTE: If the arresting officer is not assigned to the Housing Bureau, a copy of the TRESPASS NOTICE will be sent to the PSA of occurrence. NYPD TRESPASS PROGRAM LIAISON 15. Enter all required information on excluded individuals into the NYCHA Trespass Database and confirm Trespass Notice log number. 16. Forward the Trespass Notice package to the NYCHA Trespass Coordinator. 17. Coordinate all related activities with the NYCHA Trespass Coordinator. 18. If Case for Legal Action is appropriate, comply with P.G. 214-07, "Cases for Legal Action Program." POLICE SERVICE AREA CRIME ANALYSIS UNIT 19. Query, on a daily basis, the "BADS" system to identify all arrests eligible for a TRESPASS NOTICE. 20. Contact the Housing Bureau wheel to verify that a TRESPASS NOTICE has been issued for each eligible arrest found in BADS. 21. Record Trespass Log number on BADS printout and file chronologically. 22. Notify commanding officer when arresting officer fails to prepare a completed NYCHA TRESPASS NOTICE. NOTE: For Housing locations not covered by a Police Service Area the precinct crime analysis unit will perform steps 19 through 22. COMMANDING OFFICER 23. Confer with commanding officer concerned regarding non-compliance. COMMANDING OFFICER CONCERNED 24. Refer non-compliance incidents to integrity control officer. INTEGRITY CONTROL OFFICER 25. Investigate all incidents of non-compliance. 26. Initiate disciplinary action as appropriate. 27. If warranted, ensure that a TRESPASS NOTICE is issued by arresting officer and remaining steps of this procedure are complied with. a. TRESPASS NOTICE must be personally served on arrestee. ADDITIONAL DATA Responsibility for the verification of tenancy, and subsequent modifications to exclusions, rests with the Housing Authority. Anytime a uniformed member of the service takes enforcement action, e.g. arrest or summons, against a person on NYCHA property, member is required to query the NYCHA Trespass Database to determine if person is in violation of a TRESPASS NOTICE. (See P.G. 208-77, "Processing Arrests Made Pursuant to the New York City Housing Authority Trespass Notice Program.") RELATED PROCEDURES Recording Enforcement Incidents (P.G. 207-33) Arrest - Removal to Department Facility for Processing (P.G. 208-02) Arrests - General Processing (P.G. 208-03) Interior Vertical Patrol of Housing Authority Buildings (P.G. 212-60) Stop and Frisk (P.G. 212-11) Cases for Legal Action Program (P.G. 214-07) Processing Arrests Made Pursuant to the NYCHA Trespass Notice Program (P.G. 208-77) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) NYCHA TRESPASS NOTICE (PD672-120) P.G. 208-77 Processing Arrests Made Pursuant To The New York City Housing Authority Trespass Notice Program Date Effective: 08-01-13 PURPOSE To effect an arrest of a person observed on "NYCHA Property," as defined below, in violation of the New York City Housing Authority Trespass Notice Program. SCOPE This program is part of a series of efforts to reduce crime within New York City Housing Authority Developments. Whenever a uniformed member of the service takes enforcement action, e.g. arrest or summons, on "NYCHA Property," that member is required to query the NYCHA Trespass Database to determine if that person is in violation of a NEW YORK CITY HOUSING AUTHORITY TRESPASS NOTICE (PD672-120) and thereby excluded from "NYCHA Property." This database is accessible from all Department LAN terminals. This information is also available through the WNAM system, which can be accessed via warrant checks conducted through Citywide I and Citywide II radio. It is extremely important that members are aware of the difference in the definitions of "On-Development" as contained in P.G. 208-76, "New York City Housing Authority Trespass Notice Program," and the definition of "NYCHA Property" as defined below. By querying the database, members can determine the current status of the exclusion and the conditions of the exclusion, if any. In extenuating circumstances, the Housing Authority may authorize an excluded individual to enter a specific Housing location in response to an emergency. Upon granting permission, the Housing Authority will telephone the information to the desk officer, police service area/precinct concerned. Individuals identified under this program are excluded from entering any NYCHA property within the city or, if a NYCHA resident, are excluded from entering any NYCHA property other than their own apartment and the common areas within their resident development. Excluded individuals may appeal an exclusion to the New York City Housing Authority. Grounds for appeal may include, but are not limited to, non-processed arrests, dismissed cases, or a not guilty verdict in the originating charge(s). DEFINITIONS NYCHA TRESPASS NOTICE PROGRAM - a program where individuals arrested for felony sale of a controlled substance and/or felony sale of marijuana "On-Development" as defined in P.G. 208-76, "New York City Housing Authority Trespass Notice Program," are served with a NYCHA TRESPASS NOTICE (PD672-120). Said individuals are therefore excluded from all NYCHA Property as described below. NYCHA PROPERTY - for the purposes of this procedure include: a. All New York City Housing Authority buildings, apartments, manager's offices, maintenance areas, storage rooms, etc. b. All walkways, grounds, parking areas and development driveways located within New York City Housing Authority developments. c. Laundries, community centers, childcare centers, senior citizen centers, etc. which operate within New York City Housing Authority buildings. RESIDENCE EXCEPTION - residents of housing developments excluded under this program are excluded from all NYCHA property other than their resident apartment at the address provided on the TRESPASS NOTICE and the common areas within their resident development. COMMON AREAS - All areas on NYCHA Property to which all tenants are authorized to have access in connection with their tenancies other than their own apartments. These include management and other business offices, community, child care, and senior citizen centers, laundry rooms, playgrounds, sidewalks, walkways, and parking lots within their resident developments. PROCEDURE Whenever a uniformed member of the service takes enforcement action against a person on NYCHA property as described above: UNIFORMED MEMBER OF THE SERVICE 1. Comply with all applicable Department procedures, and in addition, query the NYCHA Trespass Database either through WNAM or by contacting the precinct/PSA desk. a. If a person is in violation of the terms of the TRESPASS NOTICE, (either as the primary or additional charge) effect arrest, remove to precinct/Police Service Area and process arrest. NOTE: Members of the service can also query the WNAM system via warrant checks conducted through Citywide I and Citywide II radio. However, members are advised that a radio code response of "10-19H" DOES NOT indicate that a subject is wanted. Radio code "10-19H" is intended solely to inform the member that the subject may have been previously issued a TRESPASS NOTICE and may be subject to arrest only if found on "NYCHA Property" as defined in this procedure. NYCHA residents and non-residents should not be arrested for trespass under this program if they are encountered on "NYCHA Property" and they are at, enroute to, or leaving from police facilities, parole offices, medical facilities, or stores, as long as they have utilized a direct route between the location and the nearest city street. 2. Charge arrestee as follows: a. P.L. 140.15, Criminal Trespass, 2nd Degree, "A" Misdemeanor, if individual was within a residential building on NYCHA Property. b. P.L. 140.10, Criminal Trespass 3rd Degree "B" Misdemeanor if individual was within a non-residential building on NYCHA Property. c. P.L. 140.05, Trespass, Violation, if individual was outside of a building on NYCHA Property. NOTE: INDIVIDUALS CHARGED WITH TRESPASS OR CRIMINAL TRESPASS UNDER THIS PROGRAM WILL BE ARRESTED AND WILL NOT BE ELIGIBLE FOR A SUMMONS OR A DESK APPEARANCE TICKET. 3. Prepare a package of the following documents: a. Generate a Trespass Notice Report from the NYCHA Trespass Database and include with arrest paperwork. b. Include a copy of the TRESPASS NOTICE which was violated by the arrestee, if available, with arrest paperwork. 4. Telephone Housing Bureau Wheel at (646) 610-4744 with details of arrest. 5. Deliver all paperwork to desk officer for review. DESK OFFICER PSA/PRECINCT OF ARREST 6. Examine all forms to ensure completeness and accuracy. 7. Make a Command Log entry indicating that notification to Housing Bureau Wheel has been made including name of member of the service notified. 8. Forward copies, via Department mail, of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) and the Trespass Notice Report to the Housing Bureau Special Operations Section at 2768 Frederick Douglas Blvd., Room H-507, New York, New York, 10013 Attention: NYPD Trespass Program Liaison. NYPD TRESPASS PROGRAM LIAISON 9. Enter all required information regarding trespass arrests into the NYCHA Trespass Database. 10. Forward a copy of the appropriate paperwork to the NYCHA Trespass Coordinator. 11. Ensure that a Case for Legal Action is initiated, as directed in P.G. 214-07, "Cases for Legal Action Program," if appropriate. RELATED PROCEDURES Recording Enforcement Incidents (P.G. 207-33) Arrest - Removal to Department Facility for Processing (P.G. 208-02) Interior Vertical Patrol of Housing Authority Buildings (P.G. 212-60) Stop and Frisk (P.G. 212-11) Cases for Legal Action Program (P.G. 214-07) New York City Housing Authority Trespass Notice Program (P.G. 208-76) FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) NYCHA TRESPASS NOTICE (PD672-120) Summonses P.G. 209-01 Conditions Of Service Date Effective: 08-19-13 PURPOSE To inform uniformed members of the service of various sections of law under which summonses/notices of violations may be served. PROCEDURE A uniformed member of the service is authorized to issue a summons /notice of violation instead of arresting the violator, when the violator is 16 years old or more (except when violator is unable to care for self due to illness, injury, intoxication, or any other circumstance which would preclude the issuance of a summons/notice of violation), for the following: 1. ANY MISDEMEANOR OR VIOLATION LISTED IN THE: Agriculture and Markets Law, concerning animals General Business Law Labor Law Multiple Dwelling Law Workers Compensation Law New York State Tax Law, Article 21, Section 289, (Highway Use Tax) Alcoholic Beverage Control Law (Sections 64B, 65, 100, 101, 101a, 101b, 103, 104, 104a, 105, 105a, 106, 108, 114, 116 and 117) Navigation Law (Sections 33, 40, 41, 43, 44, 45, 47, 70, 71, and 73) Vehicle And Traffic Law, except: * Section 600 Leaving Scene Of Personal Injury Collision * Section 380 Motor Vehicle Transporting Dangerous Articles * Section 392 False Statement, Alteration Of Records Or Substitution In Connection With Examination * Section 392a Sale Of False License, Certificate Of Registration Or Number Plate * Section 421 Sale Of Motor Vehicle Or Motorcycle With Changed Identification Number * Section 422 Wrongful Possession Of Motor Vehicle Or Motorcycle With Changed Identification Number * Section 423 Peace Officer's Duties Re: Stolen Motor Vehicles And Motorcycles With Changed Identification Number * Section 426 False Statement, Sale Or Transfer Of Stolen Motor Vehicle Or Motorcycle * Section 1192 Operating Motor Vehicle Or Motorcycle While In Intoxicated Condition Or Ability Is Impaired By Use Of Drugs Or Alcohol. New York City Charter New York City Administrative Code (except Section D46-18.0 Cigarette Tax) New York City Health Code New York City Traffic Regulations (except Section 148) New York Code Of Regulations - Part 1050 For any misdemeanor or violation listed in any provisions of any code, rule, regulation or order enacted by any bureau, authority, agency or commissions affecting facilities located in the City of New York. NOTE: Members of the service shall NOT ordinarily issue summonses for local license plate cover violations (Section 402 of the New York State Vehicle and Traffic Law/Code 74 of the New York City Traffic Rules) to vehicles bearing out-of-state license plates. Such a summons should be issued only if the member of the service is aware that the controlling law in the motorist's home state also prohibits license plate covers. 2. ALL PENAL LAW VIOLATIONS, EXCEPT: * Section 100 Criminal Solicitation * Section 215.58 Failure To Respond To Appearance Ticket * Section 240.40 Appearance In Public Under The Influence Of Narcotics Or A Drug Other Than Alcohol P.G. 209-02 Summonses And Notices Of Violation Returnable Agencies Date Effective: 08-01-13 PURPOSE To inform uniformed members of the service of agencies having jurisdiction over different summonsable offenses. OFFENSES PROCESSED AGENCY Stopping, Standing and Parking offenses N.Y.C. Department of Finance, Parking Violations Operations. Traffic infractions other than Stopping, Standing and Parking (including traffic infractions committed by bicyclists) N.Y.S. Department of Motor Vehicles, Traffic Violations Bureau. Pedestrian offenses and traffic misdemeanors; Garages and parking lots; All other summonsable offenses, except violations of Environmental Control Board and Transit Adjudication Bureau N.Y.C. Criminal Court Food Vendor Regulations General Vendor Regulations Health Code Violations Public Health Law (Canine Waste) Noise Code Provisions Sanitation Provisions Air Code Provisions Graffiti Law Violations Environmental Control Board NOTE: Specific section of law for which a Notice of Violation and Hearing may be issued are listed on COMMON SUMMONSABLE OFFENSES (PD160-102). RELATED PROCEDURES Conditions of Service (P.G. 209-01) Personal Service Of A Summons Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) FORMS AND REPORTS COMMON SUMMONSABLE OFFENSES (PD160-102) P.G. 209-03 Obtaining And Returning Parking Summonses And Moving/Criminal Court Summonses I.O. 23, Series 2011 REVOKED Patrol Guide 209-03 Date Effective: 01-01-00 PURPOSE To maintain record of parking and moving/criminal court summonses distributed by uniformed members of the service. SCOPE Uniformed members of the service below the rank of captain who are assigned to enforcement duties must carry a sufficient amount of summonses. PROCEDURE When assigned to enforcement duty: UNIFORMED MEMBER OF THE SERVICE 1. Obtain summonses from desk officer as follows: a. Parking summonses and CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146) b. Moving/criminal court summonses and CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145). 2. Examine summonses to ensure that packet contains twenty summonses, consecutively numbered. 3. Sign for summonses on SUMMONS BOOK DISTRIBUTION CARD (PD160-143). NOTE: Separate SUMMONS BOOK DISTRIBUTION CARDS will be maintained for parking and moving/criminal court summonses. 4. Sign and deliver completed CERTIFICATION OF PARKING SUMMONSES SERVED and CERTIFICATION OF MOVING/ CRIMINAL COURT SUMMONSES SERVED with appropriate copies of each summons served to clerical staff, after all summonses in packet have been served. 5. Deliver unused summonses and appropriate CERTIFICATION, with appropriate copies of each summons served, to command where summons packet(s) were issued, when transferred or separated from the Department. 6. Notify commanding officer without delay, when a summons is damaged or missing. NOTE: Uniformed members not ordinarily required to carry summonses, or temporarily assigned to enforcement duty which may require serving a summons will obtain a sufficient number of summonses from the command where temporarily assigned. Unused summonses will be returned at end of assignment. RELATED PROCEDURES Conditions of Service (P.G. 209-01) Personal Service Of A Summons Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) FORMS AND REPORTS CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146) SUMMONS BOOK DISTRIBUTION CARD (PD160-143) P.G. 209-04 Summons Return Date And Time Date Effective: 02-20-14 PURPOSE To ensure that correct information concerning time, date and location of court is given to respondent in various summons cases. PROCEDURE When issuing a summons, a uniformed member of the service will: UNIFORMED MEMBER OF THE SERVICE 1. Make summons returnable as follows: CRIMINAL COURT a. As per FINEST message transmitted daily. b. Enter address of borough Criminal Court in appropriate caption of the summons. c. Enter room number in box captioned "Summons Part." TRAFFIC VIOLATIONS BUREAU a. Advise motorist to answer summons in accordance with the instructions printed on the summons. TRANSIT ADJUDICATION BUREAU a. Make return date twenty-eight calendar days from date of issuance, unless return date falls on weekend, regular day off or holiday. If return date falls on weekend, regular day off or holiday, make returnable on next business day thereafter. PARKING VIOLATIONS a. Do not enter time or date returnable for summonses returnable to Parking Violations. (Information for violator is printed on the summons). ENVIRONMENTAL CONTROL BOARD a. Comply with applicable provisions of P.G. 209-12, Environmental Control Board Notice of Violation and Hearing - General Procedure. NOTE: If respondent in Environmental Control Board case pleads "Not Guilty," the roll call clerk will be notified by borough Court Section personnel and the member concerned will be put on Court Alert. P.G. 209-05 Processing Summonses Date Effective: 09-15-06 PURPOSE To ensure that summonses served are forwarded to the proper adjudicating agencies and that appropriate records are maintained. PROCEDURE When a uniformed member of the service issues a summons and delivers the remaining copies to the command where issued for recording: DESK OFFICER 1. Examine entries on summonses for accuracy, completeness and legibility. 2. Do NOT forward any summons returnable to Criminal Court if improperly prepared. 3. Process improperly prepared summonses as follows: a. Invalid return date listed - void summons in accordance with P.G. 209-18, "Summons Served Or Prepared In Error". b. Criminal Court "Information" section left blank or unsigned, or summons written for marijuana offense is not accompanied by MARIJUANA SUPPORTING DEPOSITION / FIELD TEST REPORT (PD 381-145) - place in a separate envelope marked "Training Sergeant" and forward direct to the command's training sergeant. NOTE: MEMBERS WILL NOT MAKE ANY MODIFICATIONS TO SUMMONSES OTHER THAN CORRECTING THE ERRORS LISTED ABOVE. Under no circumstances will a modification be made to a summons that will result in the court or agency copies having different information than the defendant's copy. ALL SUMMONSES MUST BE CORRECTED AND RETURNED BY THE FOLLOWING BUSINESS DAY. TRAINING SERGEANT 4. Re-train issuing officer in proper preparation of summons returnable to the Criminal Court in accordance with pertinent command level materials and instruct issuing officer to: a. Properly prepare and sign "Information" section on rear of summons and re-submit for processing. b. Complete the MARIJUANA SUPPORTING DEPOSITION / FIELD TEST REPORT if a marijuana offense is involved. c. Immediately re-submit summons with MARIJUANA SUPPORTING DEPOSITION / FIELD TEST REPORT (if required). CLERICAL MEMBER 5. Separate summonses by date of service for each adjudicating agency. 6. Count number of summonses returnable to each agency. 7. Separate Complaint/Information (Part 1) from remainder of summons. a. Photocopy MARIJUANA SUPPORTING DEPOSITION / FIELD TEST REPORT and file at command. b. Ensure that any summons prepared for a marijuana offense has a MARIJUANA SUPPORTING DEPOSITION / FIELD TEST REPORT attached to it with a paper clip. 8. Package summonses served in lots of one hundred (100) or less. 9. Deliver summonses with appropriate pre-printed envelope to desk officer. DESK OFFICER 10. Place Complaint/Information copies of summonses in pre-printed envelopes. NOTE: Envelopes are pre-printed and colored for each adjudicating agency. 11. Seal envelopes, make required entries as per captions and sign in appropriate space on flap of each envelope. 12. Place remaining parts of summonses served in a separate Department envelope and mark "File" Envelope will not be sealed. 13. Have sealed envelopes containing Complaint/Information copies of summonses served forwarded to borough office with morning mail. 14. File envelope with command file copies of summonses served in command by date of service in command record room. CLERICAL MEMBER 15. Maintain file copies of summonses served for six months. 16. Remove file copies after six months and retain in storage cartons in command record room. ADDITIONAL DATA A summons served by a special patrolman will be processed in the same manner as summonses served by uniformed member of the service. RELATED PROCEDURES Quality Control Procedures For The Processing Of Summonses Returnable To Criminal Court (P.G. 209-06) Summons Served Or Prepared In Error (P.G. 209-18) FORMS AND REPORTS MARIJUANA SUPPORTING DEPOSITION / FIELD TEST REPORT (PD 381-145) SAMPLE CRIMINAL COURT SUMMONS INFORMATIONS (PD 260-211) P.G. 209-06 Quality Control Procedures For The Processing Of Summonses Returnable To Criminal Court Date Effective: 08-01-13 PURPOSE To establish quality control procedures for processing of summonses returnable to Criminal Court and for processing improperly prepared summons returned to this Department for corrective action. PROCEDURE To process Criminal Court summonses: OPERATIONS UNIT 1. Transmit daily, the return date for Criminal Court summonses issued, and the color of the day via the FINEST system. DESK OFFICER/ COUNTERPART 2. Announce summons return date and color of the day at roll call. 3. Advise communications dispatcher of summons return date along with the "Rundown" at the onset of tour. 4. Do NOT forward any summons returnable to Criminal Court if improperly prepared. 5. Process improperly prepared summons as follows: a. Invalid return date listed – void summons in accordance with P.G. 209-18, "Summonses Served or Prepared in Error." b. Criminal Court "information" section is left blank or unsigned, or summons written for marijuana offense is not accompanied by MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (PD381-145) - place in a separate envelope marked "Training Sergeant" and forward direct to the command's training sergeant. c. Summons issued for Penal Law Section 240.35, "Loitering" subsections 1, 3 or 7 – place in a separate envelope marked "Operations Coordinator" and forward direct to the command's operations coordinator. NOTE: MEMBERS WILL NOT MAKE ANY MODIFICATIONS TO SUMMONSES OTHER THAN CORRECTING THE ERRORS LISTED ABOVE. Under no circumstances will a modification be made to a summons that will result in the court or agency copies having different information than the defendant's copy. ALL SUMMONSES MUST BE CORRECTED AND RETURNED BY THE FOLLOWING BUSINESS DAY. CRIMINAL JUSTICE BUREAU MESSENGER 6. Report to Manhattan Criminal Court, 346 Broadway, 2nd floor, by 1000 hours, on days when court is in session. 7. Obtain summonses that the court has designated for return to this Department. 8. Deliver summonses to bureau of issuing member. (Detective Bureau, Transit Bureau, Chief of Transportation, Patrol Services Bureau, Housing Bureau and Organized Crime Control Bureau). BUREAU SUMMONS PROCESSING PERSONNEL 9. Record the following information for each summons returned: a. Summons Number b. Name of issuing member c. Command of issuing member d. Type of error e. Date of issuance f. Date received at bureau g. Date forwarded for correction h. Final Disposition (date returned to court, date voided) 10. Separate summonses according to category of error as follows: a. Improper return date – to be forwarded to issuing member's command for voiding as per P.G. 209-18, "Summonses Served or Prepared in Error" b. Criminal court "Information" incomplete or unsigned – forward to command of issuing member for correction by member. 11. Prepare a transmittal sheet for each command that will be receiving improperly prepared summonses within the bureau. a. Transmittal sheet for each summons forwarded. 12. Forward summonses to command concerned in a brown, 13" X 10" inter-office, multi-service envelope (Form No. NYC-36). 13. Mark envelope – "Returned Criminal Court Summonses." PATROL BOROUGH MESSENGER/COUNTERPART 14. Report to bureau command, daily, and pick up returned summonses. OPERATIONS COORDINATOR 15. Review summonses received to ensure that they have been delivered to command of issuing member. 16. Process returned summons(es) as follows: a. Issuing member no longer assigned to command – VOID b. If summons is received at command less than twenty-two days from the return date listed on the summons – VOID c. Improper return date (weekend, holiday, etc.) – VOID d. Criminal Court "Information" not signed – direct issuing member to correct the condition. e. Criminal Court "Information" left blank – direct issuing member to correct condition. NOTE: Under no circumstances will a uniformed member of the service correct any other error on a returned summons other than the two errors ("Information" left blank or unsigned) listed for correction above. 17. Void any summons received that was issued for Penal Law Section 240.35, "Loitering" subsections 1, 3, 7. a. Contact the respondent by telephone, if possible, and inform of summons voidance b. If unable to contact by telephone, forward a notification letter to the respondent on OFFICIAL LETTERHEAD (PD158-151), USING THE SAMPLE IN Appendix "A" by registered or certified mail, return receipt requested c. Document notification to the respondent on SUMMONS VOIDANCE FORM (PD160-153). 18. Make a reasonable effort to retrieve the served copy of any summons issued for Penal Law Section 204.35, "Loitering" subsections 1, 3 or 7, from the respondent. UNIFORMED MEMBER OF THE SERVICE 19. Correct summons(es) as directed by Operations Coordinator. 20. Return corrected summons(es) to Operations Coordinator. OPERATIONS COORDINATOR 21. Review corrections made to summons(es). 22. Note action taken for each summons on transmittal sheet (e.g., corrected, void etc.) 23. Forward corrected summonses and transmittal sheet, to bureau command. 24. Forward summonses to bureau concerned in a brown, 13" X 10" inter-office, multi-service envelope (Form No. NYC 36). 25. Mark envelope – "Returned Criminal Court Summonses." BUREAU SUMMONS PROCESSING PERSONNEL 26. Check returned transmittal sheet to ensure that all summonses forwarded for action are accounted for. 27. Forward returned summonses, direct, to the New York City Criminal Court located at 346 Broadway, within twenty-four hours of receipt. 28. Forward summonses to criminal court in a brown 13" X 10" inter-office, multi-service envelope (Form No. NYC 36). 29. Mark envelope – "Returned Criminal Court Summonses." RELATED PROCEDURES Summonses Served Or Prepared In Error (P.G. 209-18) FORMS AND REPORTS MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (PD 381-145) OFFICIAL LETTERHEAD (PD158-151) SUMMONS VOIDANCE FORM (PD160-153) APPENDIX "A" NOTIFICATION TO RESPONDENT (SAMPLE LETTER) (Command Communication Log Serial Number)__________ Date__________ Mr. John Smith 253 Mercer Street New York, New York 10101 Dear Mr. Smith: On Friday, January 1, 2010, at 11:00 A.M. in front of 123 Main Street, Manhattan, you were served with Criminal Court summons (summons number) for New York State Penal Law Section 240.35, "Loitering" subsection (1, 3 or 7), which has been declared unconstitutional by court decision. Therefore, Criminal Court summons (summons number) has been voided and you are not required to answer the summons. If you have any questions regarding this matter please contact the 8th Precinct Operations Coordinator, Lieutenant (name) at (telephone number). Respectfully, Name Rank P.G. 209-07 Parking Summonses - General Procedure Date Effective: 08/01/13 PURPOSE To instruct uniformed members of the service in the proper manner of preparing a parking summons and processing related papers for parking violations. PROCEDURE When a uniformed member of the service observes an unoccupied vehicle on a public highway that is illegally parked or in violation of some provision of the New York City Traffic Rules: DEFINITIONS HIGHWAY - Any public roadway, street, or avenue. ABANDONED VEHICLE - A motor vehicle shall be deemed to be abandoned if it is left unattended: a. With no license plates affixed, for more than six hours, on any highway or other public place. b. On a public street or area which is not otherwise restricted by posted signs, including a residential area, in excess of seven consecutive days. c. For more than ninety-six hours on the property of another without the permission of the owner. DERELICT VEHICLE - A motor vehicle which is so dilapidated, burned out, stripped, vandalized etc. as to be of no apparent value other than scrap. UNIFORMED MEMBER OF THE SERVICE 1. Query NYSPIN through the FINEST system, if circumstances warrant, to determine if vehicle is reported stolen. NOTE: The circumstances that warrant such a query include, but are not limited to, the following: a. Presence on vehicle of any summons issued to the vehicle on a previous date b. Vehicle has damage consistent with theft (e.g., broken windows, damaged locks) c. Vehicle discovered at a location where the parking of vehicles is unlikely or at a time that is unusual d. Any suspicion by a member of the service, arising either from the member's own observations or experience, or from credible statements made by others, that the vehicle may be stolen. 2. Determine if the vehicle is apparently abandoned and eligible for inclusion in the Rotation Tow Program. 3. Utilize, in numerical order, the next Notice of Parking Violation. NOTE: Summonses will not be issued to abandoned or derelict vehicles, as defined above. 4. Print information legibly in block letters using a black ink, ballpoint pen. 5. Enter all available information required by captions. a. Specific location of parked vehicle must be indicated, i.e., number of feet north/south/east/west of street, avenue, or front or opposite specific address. b. Utilize the vehicle registration sticker as the primary source of information for vehicles registered in New York State. NOTE: Any omission or mis-description of any of the following mandatory identification elements will result in dismissal of the summons: a. License plate number b. License plate type c. Expiration date d. Make of vehicle e. Model of vehicle 6. Enter only one offense on each summons. 7. Cite only valid applicable violations and sections of the New York City Traffic Rules when issuing a Notice of Parking Violation. a. No violations of other rules or laws (e.g., VTL) will be cited on a Notice of Parking Violation. 8. Issue only one summons for the same violation, at the same location, on the same day. 9. Issue no more than three summonses to any vehicle parked in violation at the same location on the same day. NOTE: In cases where more than three violations are evident, summonses for the three most serious violations should be issued. 10. Do not issue additional summonses to a vehicle displaying three or more summonses already issued at that location. NOTE: If the vehicle has been reported stolen or is abandoned or derelict, the member of the service should follow the applicable Patrol Guide procedures. 11. Place "service copy" of Notice of Parking Violation and orange self-addressed envelope on windshield of auto. a. During inclement weather (rain, snow) fold summons to ensure information entered thereon remains legible. 12. Enter information concerning summons on CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146). 13. Enter details in ACTIVITY LOG (PD112-145). 14. Detach and retain pink copy of Notice of Parking Violation. a. This copy will be returned with CERTIFICATION OF PARKING SUMMONSES SERVED card. [I.O. 23 s 11] 15. Deliver remaining two parts of Notice of Parking Violation intact to command at end of tour. ADDITIONAL DATA Upon observing a vehicle displaying three or more summonses the member should check to see if the summonses were issued to that vehicle at that location. If so, the member of the service should determine if the vehicle has been reported stolen, is abandoned, or derelict. If the vehicle has not been reported stolen, based on the circumstances the vehicle may be either violation towed or placed in the Rotation Tow Program if abandoned. No additional summonses should be issued to the vehicle. Members may utilize the violation tow program by contacting the violation tow pound in their respective borough and providing the description and location of the vehicle. No vehicle will be referred for violation tow without a query of the FINEST system to determine f the vehicle has been reported stolen. The member is not required to remain with the vehicle until the violation tow truck arrives. Manhattan Tow Pound (212) 971-0778 Brooklyn Tow Pound (718) 694-0092 Bronx Tow Pound (718) 585-1653 Queens Tow Pound (718) 786-9715 If a vehicle's sticker expiration date or plate type is not visually available, do not simply mark the "N/A"(Not Available) box on the summons. Always insert a written explanation as to why the information is not available. For example, if the information is not shown on the vehicle, its plates, or sticker, mark "N/A" and write "Missing" or "Not Shown". If the required information is unavailable because a sticker is unreadable, mark "N/A" and insert a reason, such as: "Covered," "Faded," "Defaced," or "Mutilated." If only a portion of a vehicle's sticker expiration date is visible then insert as much as is shown or readable, write "N/A" in the appropriate space on the summons, and insert "Not Shown" or 'Missing," "Covered," etc. If other required information is not shown, write "N/A" or "NONE"— do not just draw a line or leave blank. Members of the service will not issue a Notice of Parking Violation based on the vehicle identification number (VIN) only. When the owner, operator, or person responsible for the vehicle is present, a member may issue a personal service summons for appropriate violations. Vehicles listed below, observed parked and unattended, will be processed as follows: a. All non-evidence stolen or abandoned non-derelict vehicles are processed under the Rotation Tow program (see P.G. 218-21, "Rotation Tow"). b. Vehicles bearing New York State registration plates that expired more than two months in the past will be processed in accordance with P.G. 214-30, "Removal of Expired New York State Registration Plates." c. Derelict vehicles with New York State plates will be processed in accordance with P.G. 214-29, "Derelict Vehicles Bearing New York State Registration Plates." d. Derelict vehicles without plates will be entered in the HIGHWAY CONDITION RECORD (PD311-151) for notification to the local district office of the Department of Sanitation (see P.G. 214-22, "Weekly Street Conditions Survey and Daily Observations of Highway Conditions Requiring Corrective Action"). Vehicles displaying expired in-transit permits, issued either in New York State or out-of-state (e.g., New Jersey), can be cited as unregistered vehicles. An in-transit permit is temporary in nature (valid for thirty days from the date it is issued) and does not constitute a permanent, legal, registration. It is issued only to enable a vehicle owner to transport his/her unregistered vehicle to a different jurisdiction where the owner intends to permanently register it. (A common example involves someone going out of state to purchase a vehicle at an auction and then transporting it back to his/her home state.) Once the in-transit permit expires, the vehicle can be cited as an unregistered vehicle regardless of the jurisdiction of issue. PARKING OFFENSES INVOLVING VEHICLES FROM ANOTHER STATE When issuing a summons to vehicles registered outside of New York State, the officer will provide as much vehicle information as possible based on his/her visual observation of the vehicle. If an information caption on the summons is intentionally not completed by the officer, a reason for the omission must be entered in the caption e.g., unreadable, covered, or not shown. Write "N/A" in a caption when the required caption information is not available (e.g. registration stickers on New Jersey vehicles are not printed with an expiration date). Certain violations involving registration and inspection requirements only apply to vehicles registered in New York State and are not applicable to vehicles registered outside of New York State. Vehicles registered outside of New York State will not be issued a notice of parking violation for expired/missing registration, expired/missing inspection, improper display of a registration sticker, or improper display of an inspection sticker. These violations are only applicable to vehicles registered in New York State. PARKING OFFENSES INVOLVING DIPLOMATIC RELATED VEHICLES Official "Diplomat," "Consul," and "S" (Staff) vehicle license plates, colored red, white and blue, are issued by the United States Department of State ONLY and will be one of the following three types: DIPLOMAT - plates bearing the word "Diplomat" imprinted thereon are issued to representatives of foreign missions, United Nations, Secretariat of United Nations, and Organization of American States. CONSUL - plates bearing the word "Consul" imprinted thereon are issued to representatives of foreign governments having consular status. STAFF - plates bearing the letter "S" imprinted thereon are issued to members of staffs of various foreign governments. Although "diplomatic/consular/staff" plates will not be issued without proper insurance coverage, operators of such vehicles are not required to carry insurance cards. However, the operator must carry a certificate of registration. A Notice of Parking Violation will be placed upon an unoccupied, illegally parked vehicle bearing "DIPLOMAT" or "CONSUL" registration plates, which creates a safety hazard. The following violations create safety hazards: Double Parking No Standing No Stopping Parking in Crosswalk Fire Zone Fire Hydrant Bus Stop Parking on Sidewalk If a Notice of Parking Violation is issued to a vehicle bearing diplomatic/consular registration plates, the code "DP" will be entered under the caption "Other" on the line used to identify the state of vehicle registration. Vehicles bearing the letter "S" for staff do not have parking immunity; however, if such vehicle is occupied, the occupants may have diplomatic immunity and will be treated accordingly (see P.G. 212-56, "Diplomatic Incidents"). RELATED PROCEDURES Parking Violations Summons - Graphic (P.G. 209-08) Environmental Control Board Notice of Violation and Hearing - General Procedure (P.G. 209-12) Diplomatic Incidents (P.G. 212-56) Derelict Vehicles Bearing New York State Registration Plates (P.G. 214-29) Removal of Expired New York State Registration Plates (P.G. 214-30) Rotation Tow (P.G. 218-21) Weekly Street Conditions Survey and Daily Observations of Highway Conditions Requiring Corrective Action (P.G. 214-22) FORMS AND REPORTS ACTIVITY LOG (PD112-145) CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146) HIGHWAY CONDITION RECORD (PD311-151) P.G. 209-08 Parking Violations Summons-Graphic Date Effective: 08-01-13 (Figure 47) P.G. 209-09 Personal Service Of Summonses Returnable To Traffic Violations Bureau Or Criminal Court Date Effective: 08-19-13 PURPOSE To inform uniformed members of the service of procedures to be followed when personally serving a summons returnable to the Traffic Violations Bureau or Criminal Court. PROCEDURE When issuing a summons returnable to the Traffic Violations Bureau or Criminal Court: UNIFORMED MEMBER OF THE SERVICE 1. Inform violator of the offense committed. 2. Request that violator show proof of identity and residence. a. In traffic cases, examine driver's license, vehicle registration, and insurance identification card for vehicles registered in New York State. b. If violator presents driver's license, check "Motorist Exhibited License" box on top of summons. NOTE: As a general rule, the following forms of government photo identification are considered valid forms of identification: a. Valid Photo Driver's License (From New York State, another state, or another country) b. Valid passport c. Citizenship or naturalization papers d. New York State Non-Driver Identification e. New York State Driver's Permit f. Other government photo identification. Members should note that these are general guidelines, and other forms of identification may be acceptable. 3. Conduct license and warrant check. a. If license check conducted, check "Susp/Rev" box on top of summons. b. If no license and/or warrant check conducted, note reason in ACTIVITY LOG (PD 112-145). 4. Remove violator to command for investigation if doubt concerning identity exists. DESK OFFICER 5. Make Command Log entry when violator is brought to command for identification, is served a summons, and immediately released. a. Entry will include the following: (1) Name, address, and physical description of the violator (2) Location, time of incident, and reason for removal to command (3) Name, rank, shield number of member who brought violator to command (4) Offense(es) charged and serial number(s) of summons(es) served (5) Time the violator entered and departed the command. NOTE: It is not necessary to follow Desk Appearance Ticket or voided arrest procedures for an offense for which a summons may be served when the only reason for bringing the violator to the command was to investigate identity. UNIFORMED MEMBER OF THE SERVICE 6. Issue summonses in numerical order. 7. Use black ink ballpoint pen and legibly print information in block letters. 8. Enter all available information required by captions on summons with the exception of the area titled "Officer's Notes." 9. Record only one violation per summons. a. Use a separate summons for each additional offense. NOTE: Summonses issued for multiple offenses arising out of a single traffic incident will be made returnable to the respective court responsible for the adjudication of such offenses (i.e., traffic infractions will be returnable to Traffic Violations Bureau; Administrative Code violations and traffic misdemeanors will be returnable to Criminal Court, as outlined in Patrol Guide 209-02, "Summonses and Notices of Violation Returnable Agencies"). 10. Request violator sign the bottom of the summons to acknowledge receipt. NOTE: Requesting the violator to sign the bottom of the summons is an option of the issuing member. If the member feels that requesting the signature may precipitate a confrontation or place the member at a tactical disadvantage, the member has the option of not requesting the signature. If the violator refuses to sign, no action will be taken. Member concerned will note the refusal in ACTIVITY LOG. 11. Give the violator the part of the summons designated for the agency for which the summons is returnable. a. If the summons is returnable to the Traffic Violations Bureau, give the violator the copy of the summons labeled "Motorist Copy" b. If the summons is returnable to Criminal Court, give the violator the copy labeled "Criminal Court." FOR SUMMONSES RETURNABLE TO CRIMINAL COURT 12. Refer to new ACTIVITY LOG (PD 112-145) insert, SAMPLE CRIMINAL COURT SUMMONS INFORMATIONS (PD 260-211), after the violator has been released. 13. Utilize the SAMPLE CRIMINAL COURT SUMMONS INFORMATIONS to properly complete the Criminal Court Information section on rear of summons. 14. SIGN Criminal Court Information section on rear of summons. IF SUMMONS IS FOR VIOLATION OF P.L. 221.05, "UNLAWFUL POSSESSION OF MARIJUANA" 15. Enter in Criminal Court Information section on rear of summons, the words: "See Attached SUPPORTING DEPOSITION REPORT." 16. Prepare new form, MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (PD381-145). 17. Submit summons and MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT, to the desk officer when requesting a voucher for the marijuana. NOTE: Do not staple the summons(es) to the MARIJUANA SUPPORTING DEPOSITION / FIELD TEST REPORT. Attach by using a paper clip only. Desk officers will refer to P.G. 209-06 for proper processing procedures regarding marijuana offenses. 18. Enter the information concerning the summons(es) on CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145). 19. Enter complete details in ACTIVITY LOG including: a. Description of offense b. Summons number c. Motorist's/Defendant's name d. Motorist's/Defendant's date of birth e. Type, and serial number, of government photo identification used to determine name and date of birth of motorist/defendant f. License plate number and state/province of registration g. Make and model of vehicle h. Number of passengers in vehicle. 20. Detach and retain last two copies of summons marked "Police/Agency" and "Officer". a. The white "Officer" copy will be retained by the issuing member b. The yellow "Police/Agency" copy will be returned with the CERTIFICATION OF SUMMONSES SERVED card. 21. Deliver the remaining copies, intact, to command at the end of tour, or as directed by commanding officer. DESK OFFICER 22. Direct the arrest processing officer (if Field Test Qualified), in accordance with P.G. 218-08, to conduct field test of marijuana and complete the "Marijuana Field Test Results" side of the MARIJUANA SUPPORTING DEPOSITION /FIELD TEST REPORT. NOTE: If a Field Test qualified arrest processing officer is not available, the desk officer will request another Field Test qualified officer from either the precinct's SNEU/CONDITIONS team, an adjoining command, or the borough task force to perform the test. Those qualified uniformed members of the service from either the precinct's SNEU/CONDITIONS team or assigned to outside commands (Narcotics Division, borough task force, etc.) will field test any marijuana that they recover. ADDITIONAL DATA A uniformed member of the service, when issuing a summons returnable to the Traffic Violations Bureau, will place an "X" in the appropriate captioned box when any of the following criteria apply: a. "Commercial Vehicle" - with a maximum gross weight in excess of 26,000 pounds b. "Bus" - any vehicle designed to transport more than fifteen passengers, including the driver c. "Hazardous Material" - any vehicle which is transporting materials required to be placarded under the Hazardous Material Transportation Act. If a vehicle with a maximum gross weight in excess of 26,000 pounds is also placarded, as required for transporting hazardous materials, only the "Hazardous Material" box should be checked. UNDER NO CIRCUMSTANCES WILL AN ISSUING MEMBER OF THE SERVICE WRITE ON THE SIDE MARGIN OF THE SUMMONS. This area is used by the adjudicating agency concerned. Writing in this area may result in the summons being considered unprocessable and returned to this Department. In addition to entries in the ACTIVITY LOG, members have the option of utilizing the area on the rear of the white "Officer" copy of the summons entitled "Officer's Notes." This area is meant to serve as additional information for the issuing member to assist in recording the pertinent details of the offense. The sections labeled "Motorist or Defendant's Employer", "Motorist or Defendant's Employer Address", and "Phone No." are designed primarily as an aid to members enforcing violations where corporate substitution is possible (Example - a summons is issued to the driver of a trucking firm for no overweight permit). The information is not required for moving violations issued to non-commercial drivers. A person operating a limited use vehicle (minibike, moped, etc.) on a public highway (road, street, avenue, highway, etc.) is subject to all applicable provisions of the Vehicle and Traffic Law and the Traffic Regulations ("traffic laws"), including registration and licensing requirements. Although registration and licensing provisions do not apply to bicycles, persons riding bicycles on public streets are subject to many of the same traffic laws as operators of motor vehicles. If a limited use vehicle is unregistered and/or the operator unlicensed, the vehicle will be removed to the precinct of occurrence, impounded and invoiced. The owner may claim the vehicle on presentation of proof of ownership; however, such owner will be advised that the vehicle may not be operated on public highways until such time as it has been properly registered. The owner may be permitted to make arrangements to have such unregistered vehicle transported by a licensed tow truck to a private premises. Additionally, if the vehicle was seized because the operator was unlicensed, the owner will be issued a summons for violation of section 509(4) of the Vehicle and Traffic Law - "Authorizing Or Permitting An Unlicensed Driver To Operate A Motor Vehicle." Operators of limited use vehicles and/or bicycles who violate applicable provisions of the traffic laws will be issued a summons, providing such individuals are sixteen years of age or older. A JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) will be prepared for a violator who is at least seven and less than sixteen years of age. When a bicyclist is issued a summons for a violation of the traffic laws, the word "BICYCLE" will be entered in bold print on that portion of the summons designated for the year and make of the vehicle. On the reverse side of both of the yellow motorist's copies of the summons, a line will be drawn through the instructions that direct the violator to answer the summons by mail. Sustained attention and priority in enforcement should be given to those hazardous violations which are the major cause of most collisions, deaths and injuries on the roadways. The twenty-one most HAZARDOUS VIOLATIONS are: (1) Failed to yield the right of way to vehicle (2) Following too closely (3) Speeding (4) Reckless driving (5) Improper turn (6) Fail to obey traffic signal (7) Disobey sign (8) Improper passing (9) Fail to yield right of way to Pedestrian (10) Backing Unsafely (11) Fail to keep right (12) Driving while intoxicated (13) Defective brakes (14) Unlicensed operator (15) Driving while ability to operate is impaired by alcohol or drugs (16) Failure to wear seatbelt, use of child safety seat (17) Spill back (18) Use of a cellular telephone while driving (19) Disobey pavement markings (20) Overtaking and passing school bus (21) Driving while texting Members of the service should be aware that section 207, subdivision 5, of the Vehicle and Traffic Law (Disposing of a Uniform Traffic Summons), does NOT apply to situations where a motorist destroys or discards his/her copy of the summons that was issued by the member of the service. That section is applicable only when someone prevents or interferes with the processing of that part of the summons destined for the adjudicating body (i.e., the "court copy"). Members of the service may, however, issue a Criminal Court summons for littering (Administrative Code section 16-118, [subdivision 1]) in appropriate circumstances. A uniformed member assigned to the Highway District may serve a summons for an offense not personally observed but revealed during the course of a collision investigation. When serving such a summons, the member concerned shall draw a line through the statement on the Complaint which reads "I PERSONALLY OBSERVED THE COMMISSION OF THE OFFENSE CHARGED ABOVE." The issuance of a Criminal Court summons for violation of Penal Law section 240.20 - Disorderly Conduct, at the scene of an incident in which the summonsing member is the complainant, occasionally results in a civilian complaint against the member. To verify and document the circumstances of the incident, the summonsing member will request the response of the patrol supervisor to the scene whenever: a. Physical force/restraint was used by the uniformed member, OR b. It was necessary to search or handcuff the violator, OR c. Violator was placed in, or transported from the scene in, a Department vehicle. The patrol supervisor will determine the validity of the charge and: a. Make entry in ACTIVITY LOG indicating summonsing member's identity and the violator's identity and condition. b. Direct issuance of summons, if violator is eligible. If the violator is not eligible, process as an arrest as per appropriate Department procedures. If the patrol supervisor is not available to respond, the violator will be removed to the command where the desk officer/supervisor will determine the validity of the charge and make an appropriate entry in the Command Log. RELATED PROCEDURES Summonses and Notices of Violation Returnable Agencies (P.G. 209-02) Quality Control procedures for the Processing of Summonses Returnable to Criminal Court (P.G. 209-06) Field Testing of Marijuana by Selected Uniformed Members of the Service within the Patrol Services and Housing Bureaus (P.G. 218-08) FORMS AND REPORTS ACTIVITY LOG (PD112-145) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (PD 381-145) SAMPLE CRIMINAL COURT SUMMONS INFORMATIONS (PD 260-211) P.G. 209-10 Traffic Violations Bureau Summons -graphics Date Effective: 08-01-13 (Figure 48) (Figure 49) P.G. 209-11 Criminal Court Summons - Graphic Date Effective: 08/01/13 (Figure 50) (Figure 51) (Figure 52) P.G. 209-12 Environmental Control Board Notice Of Violation And Hearing - General Procedure Date Effective: 02-20-14 PURPOSE To instruct uniformed members of the service of the proper manner by which to prepare and process an Environmental Control Board Notice of Violation and Hearing. PROCEDURE Upon observing a violation under the jurisdiction of the Environmental Control Board (ECB): UNIFORMED MEMBER OF THE SERVICE 1. Inform violator of the offense committed. a. Take NO enforcement action against a blind person for violation of the Canine Waste Law. b. Use discretion when elderly or handicapped persons are observed violating the Canine Waste Law. 2. Request proof of identity and residence. a. If proof is refused and/or validity of proof is doubtful, escort violator to command for further investigation. WHEN VIOLATOR IS PROPERLY IDENTIFIED: 3. Prepare separate Notice of Violation and Hearing for EACH offense charged. a. Complete captions in block letters, using a black ink, ball point pen. 4. Insert violation code, section of law, mail-in and maximum penalties on Notice of Violation, as determined from COMMON ENVIRONMENTAL CONTROL BOARD NOTICE OF VIOLATION OFFENSES (PD160-100). a. If not listed, request desk officer to check ENVIRONMENTAL CONTROL BOARD NOTICE OF VIOLATION OFFENSES (PD160-101), maintained at desk. NOTE: A summons, returnable to Criminal Court, may be issued for summonsable Administrative Code Violations or other violations of law NOT INDICATED on comprehensive list of violations maintained at desk. 5. Make Notice of Violations and Hearing returnable to Environmental Control Board. a. In Staten Island, in all cases – make return date the fourth Thursday of the month. b. In Manhattan, Brooklyn, Queens, and the Bronx – if food or property is removed, make return date not less than twenty-one days nor more than twenty-eight days from the date of issuance, subject to provisions set forth in subdivision (d) and (e) below. c. In Manhattan, Brooklyn, Queens, and the Bronx – if food or property is not removed, make return date not less than thirty days nor more than thirty-seven days from the date of issuance, subject to provisions set forth in subdivision (d) and (e) below. d. In Manhattan, Brooklyn, Queens, and the Bronx, in all cases – make return date on the days listed below: (1) Manhattan – Wednesday (2) Brooklyn – Friday (3) Queens – Thursday (4) Bronx – Tuesday e. In Manhattan, Brooklyn, Queens, and the Bronx, in all cases, should the scheduled return date fall on a holiday or the issuing officer’s regular day off (RDO), make return date for the next scheduled business day. 6. Give violator pink (Respondent) copy of Notice of Violation. 7. Record complete details in ACTIVITY LOG (PD112-145). 8. Enter required information on CERTIFICATION OF MOVING/ CRIMINAL COURT SUMMONSES SERVED (PD160-145). 9. Distribute remaining copies of Notice of Violation as follows: a. WHITE (ECB) copy - To command of occurrence at end of tour, or as directed by commanding officer. b. YELLOW (officer) copy - Retain with CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED. c. WHITE CARDBOARD (Agency) copy. DESK OFFICER 10. Examine entries on Notice of Violation to ensure: a. Accuracy, completeness and legibility b. That reverse side (affidavit portion) is signed by issuing member. 11. Sign affidavit section as certifying officer. 12. Separate Notice of Violation by date of service and process as follows: a. WHITE (ECB) copies - insert all copies issued on SAME day in Environmental Control Board forwarding envelope addressed to Environmental Control Board, 59-17 Junction Boulevard, Queens and forward to patrol borough office with A.M. mail. b. YELLOW (officer) copies - file in command by date of service and retain thereat for two years. PATROL BOROUGH OFFICE CLERK 13. Prepare two copies of SUMMONS ENVELOPE RECEIPT (PD160-011). 14. Direct messenger to deliver envelope containing Notice(s) of Violation to Environmental Control Board. MESSENGER 15. Obtain receipt on one copy of SUMMONS ENVELOPE RECEIPT and return to borough office. IF VIOLATOR CANNOT BE PROPERLY IDENTIFIED: UNIFORMED MEMBER OF THE SERVICE 16. Confer with desk officer. 17. Effect arrest of violator as a last resort, and ONLY WHEN violation committed has CRIMINAL SANCTIONS in addition to civil penalties that may be imposed by the Environmental Control Board and desk officer directs that arrest be made. NOTE: The Environmental Control Board has CIVIL JURISDICTION ONLY; therefore, an arrest MAY NOT be made for a violation returnable SOLELY to that agency. ADDITIONAL DATA Whenever a violator is brought to the command for further investigation and identification, and a positive identification CANNOT be made, or an arrest CANNOT be effected as indicated above, PRIOR TO RELEASING the violator, P.G. 210-13, "Release of Prisoners - General Procedure" will be complied with. BICYCLE RIDING ON SIDEWALKS: Administrative Code Section 19-176, "Bicycle Riding Prohibited on Sidewalks," will be the primary enforcement tool this Department utilizes to eliminate bicycle riding on sidewalks. Under this legislation, any person fourteen years of age or older operating a bicycle upon a sidewalk shall be issued an Environmental Control Board (ECB) Notice of Violation and Hearing. If such person is operating the bicycle on the sidewalk in a manner that endangers any other person or property, the bicycle will be seized at the time the ECB Notice of Violation and Hearing is issued. The following are the steps to be taken when a bicycle is observed being operated upon a sidewalk: a. If the operator is at least fourteen years of age, and the bicycle is merely operated on a sidewalk, the operator shall be issued an ECB Notice of Violation and Hearing as follows: Code - D62 Section - AC 19-176(b) Description - Unlawful bicycle riding on sidewalk Member of Service Must Appear - No Penalty - $50 Default - $100 b. If the operator is at least fourteen years of age, operated in a manner that endangers any other person or operator shall be issued an ECB Notice of Violation and bicycle will be seized. The ECB Notice of Violation and completed as follows: and the bicycle is property, the bicycle Hearing and the Hearing shall be Code - D6G Section - AC 19-176(c) 1st offense Description - Unlawful bicycle riding in a manner that endangers any other person or property Member of Service Must Appear - No Penalty - $150 Default - $300 Code - D6H Section - *AC 19-176(c) 2nd offense Description - Unlawful bicycle riding in a manner that endangers another person or property Member of Service Must Appear - No Penalty - $300 Default - $600 c. If the operator is at least fourteen years of age and the bicycle is operated in a manner that endangers any other person or property with physical contact between the rider and another person, the bicycle operator shall be issued an ECB Notice of Violation and Hearing and the bicycle will be seized. The uniformed member of the service will indicate the fact that there was physical contact between the rider and another person on the summons (Information Section) or Notice of Violation (Details Section). Code - D6I Section - AC 19-176(c)1st offense Description - Unlawful bicycle riding in a manner that endangers person or property with physical contact between the rider and another person Member of Service Must Appear - No Penalty - $250 Default - $500 Code - D6J Section - *AC 19-176(c) 2nd offense Description - Unlawful bicycle riding in a manner that endangers person or property with physical contact between the rider and another person Member of Service Must Appear - No Penalty - $500 Default - $1000 *Civil penalties are doubled by ECB where the rider endangers another person or property a second time within a six month period. The current law's provision for seizing the bicycle remains in effect where the rider endangers another person or property. At the time the bicycle is taken into custody, in addition to appropriately completing and issuing a PROPERTY CLERK INVOICE (PD521-141), the uniformed member of the service issuing the ECB Notice of Violation and Hearing shall provide the respondent with a completed PROCEDURE FOR RECOVERING SEIZED BICYCLE/VEHICLE (PD521-148). This completed form shall serve as written notice to the respondent and/or bicycle owner explaining the procedures for obtaining release of the bicycle. The notice shall provide the location where the bicycle may be claimed, instructions on the applicable charges for removal and storage, as well as the steps necessary to request an ECB hearing. In all cases where the operator of a bicycle is less than eighteen years of age, a copy of the ECB Notice of Violation and Hearing shall either be personally delivered to the operator's parent or guardian, or it shall be mailed to that person, if their name and address is reasonably ascertainable. Additionally, in any case where a bicycle is seized from an operator less than eighteen years of age, the completed PROCEDURE FOR RECOVERING SEIZED BICYCLE/VEHICLE must be personally delivered to the operator's parent or guardian, or it shall be mailed to that person, if their name and address are reasonably ascertainable. Bicycles taken into custody by members of the Department, pursuant to New York City Administrative Code Section 19-176(c), shall be invoiced and stored in the precinct of occurrence for FIVE business days following seizure. NEITHER A REMOVAL FEE NOR A STORAGE FEE SHALL ACCRUE WHILE THE BICYCLE IS STORED AT THE PRECINCT. Bicycles shall be removed to the Property Clerk's Warehouse (520 Kingsland Avenue, Brooklyn) on the next business day following the five business day precinct holding period. A twenty-five dollar removal fee shall accrue upon the bicycle arriving at the Property Clerk's Warehouse. Additionally, a storage fee of five dollars will be charged for each day, or fraction of a day, the Property Clerk stores the bicycle, after it is taken from the precinct. THE PROPERTY CLERK DIVISION WILL COLLECT ALL CHARGES FOR REMOVAL AND STORAGE. NOTE: If a respondent desires to post bond in order to get their bicycle back, prior to a hearing, they should be directed to the Environmental Control Board. RETURNING A SEIZED BICYCLE Prior to a member of this Department returning a bicycle seized pursuant to Administrative Code Section 19-176(c), the claimant must submit the following: a. A Decision and Order issued by the Environmental Control Board that will indicate whether or not the respondent involved has been found in violation. If the respondent has been found in violation, an ECB receipt confirming that the fine has been paid must accompany the Decision and Order. A valid ECB receipt will include the time, date, and ECB location of payment as well as the violation number listed on the Decision and Order. If the Decision and Order indicates that the respondent was not found in violation, no receipt will be required. b. The claimant's copy of the PROPERTY CLERK INVOICE issued at the time of seizure. c. In instances where a representative of the claimant appears to retrieve a seized bicycle, he or she must fulfill the requirements of "a" and "b" as well as providing a notarized letter, signed by the named claimant, expressly authorizing the representative to claim the bicycle. Removal and storage fees will not accrue until the bicycle reaches the Property Clerk's Storage facility, and fees will only be collected by authorized members assigned to the Property Clerk. Desk officers returning a bicycle at the precinct stationhouse shall comply with Patrol Guide procedure 218-02, "Return of Property/Vehicles at Command and Processing Voided Property Invoices," and forward the ECB Decision and Order to the Borough Property Clerk. Under limited circumstances where an encounter with a bicyclist takes on the characteristics of a criminal investigation, or if the violator is not properly identified, uniformed members of the service may still enforce criminal laws. In lieu of issuance of an ECB Notice of Violation and Hearing, members may, under appropriate circumstances, make an arrest or issue a summons returnable to criminal court in connection with bicycle riding on a sidewalk. Mere operation on a sidewalk, unless permitted by sign, is a traffic infraction pursuant to Traffic Rules Section 4-07 (c) (3) (i) for which a criminal court summons may be issued. This prohibition does not apply to the operation of bicycles with wheels of less than twenty-six inches in diameter upon the sidewalk by children twelve years of age or less. When the offender is at least seven, but less than sixteen years of age, a JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) will be prepared. When such operation is under circumstances, which create a substantial risk of physical injury to another person or recklessly create a substantial risk of serious physical injury to another person, Administrative Code Section 19-176(c), as an unclassified misdemeanor or Penal Law Section 120.25, Reckless Endangerment in the second degree, a class A misdemeanor, respectively, may be charged. In misdemeanor cases, the bicycle should be seized and invoiced as "arrest evidence" pursuant to normal Department procedure. Members of the service should confer with the Legal Bureau, if in doubt as to the proper charges. In circumstances where a bicycle rider is eligible for an ECB Notice of Violation and Hearing the uniformed member of the service involved shall not issue a criminal court summons in lieu of the ECB Notice of Violation and Hearing. RELATED PROCEDURES Personal Service Of A Summons Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Release of Prisoners - General Procedure (P.G. 210-13) On-Line Juvenile Report System (P.G. 215-08) Invoicing Property - General Procedure (P.G. 218-01) Return of Property/Vehicles at Command and Processing Voided Property Invoices (P.G. 218-02) Return of Summons Packet (A.G. 309-02) Summonses Records (A.G. 309-03) FORMS AND REPORTS ACTIVITY LOG (PD112-145) CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) COMMON ENVIRONMENTAL CONTROL BOARD NOTICE OF VIOLATION OFFENSES (PD160-100) ENVIRONMENTAL CONTROL BOARD NOTICE OF VIOLATION OFFENSES (PD160-101) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) PROCEDURE FOR RECOVERING SEIZED BICYCLE/VEHICLE (PD521-148) PROPERTY CLERK INVOICE (PD521-141) SUMMONS ENVELOPE RECEIPT (PD160-011) P.G. 209-13 Environmental Control Board Notice Of Violation And Hearing - Graphic Date Effective: 08/01/13 (Figure 53) (Figure 54) P.G. 209-14 Transit Adjudication Bureau - Notice Of Violation I.O. 23, series 2011 REVOKED Patrol Guide 209-14 Date Effective: 01-01-00 PURPOSE To record the distribution of the Transit Adjudication Bureau - Notices of Violation and Hearing (TAB/NOV) issued to uniformed members of the service assigned to the Transit Bureau and ensure the integrity of returned TAB/NOV packets. SCOPE Uniformed members of the service below the rank of captain, assigned to the Transit Bureau, who perform duty of an enforcement nature, must carry a sufficient amount of Transit Adjudication Bureau - Notices of Violation. PROCEDURE When assigned to enforcement duty in the Transit Bureau: UNIFORMED MEMBER OF THE SERVICE 1. Obtain TAB/NOV packet and CERTIFICATION OF TAB/NOTICE OF VIOLATION SERVED (PD160-147) from desk officer. 2. Examine TAB/NOTICES OF VIOLATION to ensure packet contains twenty-five TAB/NOV's, consecutively numbered and in good condition. 3. Sign for TAB/NOV packet on the TAB/NOTICE OF VIOLATION DISTRIBUTION CARD (PD160-148). NOTE: In addition to maintaining separate SUMMONS BOOK DISTRIBUTION CARDS (PD160-143) for the distribution of Moving/Criminal Court Summonses and Parking Violation Summonses, Transit Districts shall maintain TAB/NOTICE OF VIOLATION DISTRIBUTION CARDS for TAB/NOV packet distribution. 4. Sign and deliver completed CERTIFICATION OF TAB/NOTICES OF VIOLATION SERVED, along with the "Officer" copy of each TAB/NOV served, to immediate supervisor, after all TAB/NOV in packet have been served. NOTE: The member's immediate supervisor shall ensure that all TAB/NOV are accounted for by reviewing the completed CERTIFICATION OF TAB/NOTICES OF VIOLATION SERVED and comparing the serial numbers sequentially written on the CERTIFICATION with the serial numbers printed on "Officer" copy of each TAB/NOV returned. The immediate supervisor will document said verification by initialing the top portion of the CERTIFICATION. 5. Deliver unused TAB/NOTICE OF VIOLATION and CERTIFICATION OF TAB/NOTICE OF VIOLATION SERVED with the "Officer" copy of each TAB/NOV served, to the command where they were issued, when transferred or separated from the Department. 6. Notify commanding officer, without delay, when a TAB/NOV is damaged or missing. NOTE: Only Transit Bureau members of the service who regularly perform enforcement duties on the subway are required to obtain full packets of TAB/NOV's in accordance with the above procedure. However, if a member is temporarily assigned to a Transit Bureau command for enforcement duties, those members shall obtain a sufficient number of TAB/NOV's from the Transit Bureau command where temporarily assigned. Unused TAB/NOV's will be returned at the end of the assignment. TRANSIT DISTRICT COMMANDING OFFICER/ RANKING SUPERVISOR DESIGNEE 7. Examine CERTIFICATION OF TAB/NOTICE OF VIOLATION SERVED to verify that: a. All information has been recorded b. The "Officer" copy of each TAB/NOV is returned with the CERTIFICATION c. No discrepancies exist. 8. Take appropriate action if discrepancies are found. 9. Indicate inspection of CERTIFICATION by completing the "Supervisory Review" captions on the reverse side. 10. Have clerical staff member enter the date that the CERTIFICATION was received in the "Date Returned" caption of the appropriate TAB/NOTICE OF VIOLATION DISTRIBUTION CARD and cross-reference each for filing in the command. 11. Obtain partially used packets from transferred or separated members: a. Ensure CERTIFICATION OF TAB/NOTICE OF VIOLATION SERVED, "Officer" copy and remaining unused TAB/NOV's are in order b. Complete "Supervisory Review" captions on reverse side of the CERTIFICATION c. Enter the number of TAB/NOV's remaining in packet on TAB/NOTICE OF VIOLATION DISTRIBUTION CARD, under the "Date Returned" caption. 12. Re-issue unused TAB/NOV's to another uniformed member of the service. a. Make appropriate entries on the bottom of TAB/NOTICE OF VIOLATION DISTRIBUTION CARD utilizing the captions on the card as a guide. 13. Mark "CANCELLED" on unserviceable TAB/NOV's and forward a report on Typed Letterhead, through channels, to Chief of Transit Bureau. 14. Ensure the Integrity Control Officer verifies the integrity of the TAB/NOV packets returned. TRANSIT DISTRICT INTEGRITY CONTROL OFFICER 15. Select returned TAB/NOV packets, at random, for inspection. 16. Verify a random sampling of TAB/NOV copies returned with the CERTIFICATION from each packet selected. a. Compare TAB/NOV "Officer" copy with information entered on CERTIFICATION. NOTE: Since this procedure is intended as an integrity control, all TAB/NOTICE OF VIOLATIONS in a packet need not be verified, nor all TAB/NOV packets be inspected. The number of TAB/NOV packets, and TAB/NOV's therein, to be verified is a prerogative of the commanding officer. TRANSIT DISTRICT INTEGRITY CONTROL OFFICER 17. Indicate inspection by entering date and initials on the reverse side of CERTIFICATION. 18. Report discrepancies, if any, to the commanding officer. ADDITIONAL DATA Uniformed members of the service who are not assigned to the Transit Bureau will issue a personal summons when enforcing violations of the NYC Transit Authority Rules (NYCRR Part 1050), which will be adjudicated in Criminal Court. RELATED PROCEDURES Transit Adjudication Bureau - Notice of Violation and Hearing - Graphic (P.G. 209-15) FORMS AND REPORTS CERTIFICATION OF TAB/NOTICE OF VIOLATION SERVED (PD160-147) TAB/NOTICE OF VIOLATION DISTRIBUTION CARD (PD160-148) Typed Letterhead P.G. 209-15 Transit Adjudication Bureau Notice Of Violations And Hearing - Graphic Date Effective: 08/01/13 (Figure 55) (Figure 56) P.G. 209-16 Service Of A Summons - Special Procedures Date Effective: 08/01/13 PURPOSE To inform uniformed members of the service of special procedures that apply in certain summons cases: SITUATION PROCEDURE U.S. Mail Trucks 1. Serve summons for moving and/or parking infractions. 2. Report all traffic infractions to commanding officer giving operator's name, time and place of occurrence, and whether summons was served. NOTE: Government vehicles do not require registration plates. Bingo (Violation of Administrative Code) and representative of State Lottery Control Commission is present 1. Obtain name and title of representative. 2. Request representative to appear in court to sign corroborating affidavit. 3. Report facts, including representative's name and title, to commanding officer. Premises licensed by State Liquor Authority 1. Report service of summons inside premises to desk officer. 2. Report facts to commanding officer. Sale of alcoholic beverages during prohibited hours 1. Check time by radio, telephone or other official source. 2. Seize beverage as evidence. 3. Secure other evidence such as proof of sale, identity of persons served, identity and job title of employees in premises, number of persons entering during prohibited hours. 4. Deliver alcoholic evidence to desk officer, command of occurrence, for safekeeping pending delivery to property clerk. 5. Report facts to commanding officer. Purchase of alcoholic beverages by fraudulent proof of age 1. If violator is 16, to less than 21 years of age, make summons returnable to Summons Part, Criminal Court. If violator is under 16 - prepare JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A). 2. Report facts to commanding officer. Violation of Administrative Code-Criminal and Civil Penalty 1. Serve summons and prepare ADMINISTRATIVE CODE VIOLATION NOTICE (PD372-151). Public Service Commission Certificate-Violation of Section 61, subd. 14, Public Service Law 1. Make summons returnable to Summons Part, Criminal Court. 2. Report facts to commanding officer. Garages and Parking Lots 1. Summons returnable to Summons Part, Criminal Court. 2. Report facts to commanding officer. Speeding 1. Circle actual speed when violator is traveling 25 MPH or more over speed limit. Traffic infraction observed, unable to serve summons 1. Report circumstances to commanding officer, who may direct member to apply for court summons. Missing Meter Number 1. Determine number from numbers of adjoining meters. Overtime Parking 1. Enter time of observation. Possession of 25 grams or less of Marijuana (Sec. 221.05, Penal Law) 1. Serve summons returnable to Summons Part, Criminal Court, only if no other charges are involved. NOTE: Marijuana gram content of each cigarette determines cumulative weight. Usually 129 marijuana cigarettes DO NOT EXCEED 25 grams). Owner of motor vehicle reports that summons was served or delinquency notice received during period when vehicle/registration plates were reported stolen 1. Desk officer will have two copies of VERIFICATION OF STOLEN MOTOR VEHICLE/PLATES (PD371-152) prepared AFTER verifying theft. 2. A copy will be given to the registered owner/operator and the other copy filed. Las Vegas Nights (unlicensed) 1. Uniformed member of the service will notify desk officer. 2. Request patrol supervisor to respond. 3. Serve summons for violation of Administrative Code, returnable to Criminal Court-Summons Part. 4. Comply with applicable provisions of P.G. Procedure 212-12, "Citywide Intelligence Reporting System." 5. If licensee violates provisions of license, the patrol supervisor will notify Operations Unit by telephone, and comply with applicable provisions of P.G. Procedure 212-12, as indicated above. Graffiti or unauthorized sale or display or aerosol paint cans and broad tipped magic markers (Section 10-117, Administrative Code) 1. (Class "B" Misdemeanor) Criminal Court Summons, if eligible. RELATED PROCEDURE Citywide Intelligence Reporting System (P.G. 212-12) FORMS AND REPORTS ADMINISTRATIVE CODE VIOLATION NOTICE (PD372-151) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) VERIFICATION OF STOLEN MOTOR VEHICLE/PLATES (PD371-152) P.G. 209-17 Report Instead Of Summons Date Effective: 08/01/13 PURPOSE To inform other city agencies of violations of licensing requirements or other agency regulations. PROCEDURE When a uniformed member of the service observes any of the offenses listed below: a. Health Code - Section 87.03 (restaurants require Health Department permit) b. Administrative Code - Sections B32-58.0 through B32-75.0 (size location of licensed sidewalk stands) and c. Regulations of Department of Consumer Affairs except: Cabarets Catering establishments Coffee houses Garages Parking lots Public dance halls UNIFORMED MEMBER OF THE SERVICE 1. DO NOT serve summons. 2. Report facts, in writing, to commanding officer. COMMANDING OFFICER 3. Forward two copies of report on Typed Letterhead to Chief of Department. 4. Forward copy of report to command of occurrence if offense occurred within another command. FORMS AND REPORTS Typed Letterhead P.G. 209-18 Summons Served Or Prepared In Error Date Effective: 08/01/13 PURPOSE To investigate the circumstances concerning issuance of a summons in error. PROCEDURE When a uniformed member of the service issues or prepares a summons in error: WHEN ALL PARTS OF SUMMONS ARE AVAILABLE: UNIFORMED MEMBER OF THE SERVICE 1. Bring all parts of summons to the command. 2. Inform commanding officer of the facts. 3. Surrender all parts of the summons to commanding officer. COMMANDING OFFICER 4. Conduct investigation. [I.O. 23 s 11] 5. Prepare SUMMONS VOIDANCE FORM (PD160-153). a. Ensure summons is scanned into the Electronic Summons Tracking System (ESTS) utilizing bar code reader b. If bar code readers is inoperable, entries will be made into ESTS manually c. Notify patrol/transit borough of defective/inoperable bar code reader and obtain replacement d. Enter notification in Telephone Record. 6. Mark all copies of summons "Void" across face. 7. Forward first two copies of FORM with all parts of summons to Chief of Department, Investigation Review Section, DIRECT. WHEN VIOLATOR'S PART IS NOT AVAILABLE OR PARTS HAVE BEEN FORWARDED FOR PROCESSING: COMMANDING OFFICER 8. Conduct investigation. [I.O. 23 s 11] 9. Prepare SUMMONS VOIDANCE FORM. a. Ensure summons is scanned into the ESTS utilizing bar code reader b. If bar code readers is inoperable, entries will be made into ESTS by hand c. Notify patrol/transit borough of defective/inoperable bar code reader and obtain replacement d. Enter notification in Telephone Record. 10. Confer with Commanding Officer, Investigation Review Section prior to processing report of investigation, IF agency copy of summons has been forwarded to the appropriate adjudicating agency prior to discovery of error, or is otherwise unavailable. DO NOT deal directly with adjudicating agency in these cases. 11. DO NOT mark copies of summons "VOID". 12. Forward first two copies of SUMMONS VOIDANCE FORM with available copies of summons to Chief of Department Investigation Review Section, through channels. COMMAND CLERK 13. File remaining copy of SUMMONS VOIDANCE FORM with photocopy of summons. [I.O. 8 s 10] ADDITIONAL DATA The Commanding Officer, Investigation and Review Section will ensure that one copy of the SUMMONS VOIDANCE FORM is forwarded to the Chief of Internal Affairs when a summons is voided for Penal Law Section 240.35, "Loitering" subsections 1, 3 or 7. FORMS AND REPORTS SUMMONS VOIDANCE FORM (PD160-153) P.G. 209-19 Transit Adjudication Bureau - Notice Of Violation And Hearing Served Or Prepared In Error Date Effective: 08/01/13 PURPOSE To provide a procedure for the voiding of Transit Adjudication Bureau Notices of Violation and Hearing (TAB/NOV) which have been prepared in error. PROCEDURE When a uniformed member of the service issues or prepares a TAB/NOV in error. WHEN ALL COPIES OF THE TAB/NOV ARE AVAILABLE: UNIFORMED MEMBER OF THE SERVICE 1. Bring all three parts of the TAB/NOV to the district/unit office and inform commanding officer of the facts. 2. Surrender all parts of the TAB/NOV to the commanding officer. COMMANDING OFFICER 3. Conduct an investigation. 4. Prepare SUMMONS VOIDANCE FORM (PD160-153). 5. Mark all copies of TAB/NOV "VOID" across face. 6. Forward first copy of FORM with all parts of the TAB/NOV to the Chief of Transit Bureau, DIRECT. a. Retain second copy of completed SUMMONS VOIDANCE FORM and a photocopy of the TAB/NOV on file with the integrity control officer. b. Return last copy of completed SUMMONS VOIDANCE FORM to the issuing uniformed member of the service for subsequent submission along with CERTIFICATION OF TAB/NOV SERVED (PD160-147) and the remaining "Officer" copies of issued TAB/NOV. c. Forward a photocopy of the TAB/NOV and SUMMONS VOIDANCE FORM to the Transit Borough concerned for informational purposes. COMMANDING OFFICER, TRANSIT BUREAU/DESIGNEE 7. Review SUMMONS VOIDANCE FORM and endorse accordingly. a. Have entire package placed in an annual file marked, "VOIDED TAB/NOV" and retain for five years, if request is approved. b. Have entire package forwarded to Commanding Officer, Transit Bureau Investigation Unit for review and comment, when appropriate, if request is disapproved. NOTE: In other cases, return package to originating command for additional information, etc. WHEN RECIPIENT IS NO LONGER PRESENT WITH THE RESPONDENT'S COPY OF THE TAB/NOV - OR - DEPARTMENT COPY (WHITE) HAS BEEN FORWARDED FOR PROCESSING: UNIFORMED MEMBER OF THE SERVICE 8. Bring remaining parts of the TAB/NOV to the district/unit office and inform commanding officer of the facts. 9. Surrender remaining parts of the TAB/NOV to the commanding officer. COMMANDING OFFICER 10. Conduct an investigation. 11. Prepare SUMMONS VOIDANCE FORM. 12. DO NOT mark remaining copies of the TAB/NOV "VOID." 13. Forward first copy of SUMMONS VOIDANCE FORM with all parts of the TAB/NOV to the Chief of Transit Bureau, THROUGH CHANNELS. a. Retain second copy of completed SUMMONS VOIDANCE FORM and a photocopy of the TAB/NOV on file with the integrity control officer. b. Return last copy of completed SUMMONS VOIDANCE FORM to the issuing uniformed member of the service for subsequent submission along with CERTIFICATION OF TAB/NOV SERVED CARD and the remaining "Officer" copies of issued TAB/NOV. CHIEF OF TRANSIT BUREAU/DESIGNEE 14. Review SUMMONS VOIDANCE FORM and endorse accordingly. a. Mark the TAB/NOV "VOID", if request is approved. (1) Forward photocopies of the TAB/NOV and the SUMMONS VOIDANCE FORM to the Director, Transit Adjudication Bureau. (2) Have entire package placed in an annual file marked,, "VOIDED TAB/NOV" and retain for five years. b. Have entire package forwarded to the Commanding Officer, Transit Bureau Investigation Unit for review and comment, if disapproved. NOTE: In other cases, return package to originating command for additional information, etc. ADDITIONAL DATA When a uniformed member of the service determines that he/she made a clerical error on a TAB/NOV PRIOR TO THE ISSUANCE OF THE RESPONDENT'S COPY, the uniformed member concerned shall immediately issue a properly prepared TAB/NOV to the respondent and return all copies of the improperly prepared TAB/NOV to their commanding officer for processing in accordance with this procedure. FORMS AND REPORTS SUMMONS VOIDANCE FORM (PD160-153) CERTIFICATION OF TAB/NOV SERVED (PD160-147) P.G. 209-20 Summons Served Outside Permanent Command Date Effective: 08/01/13 PURPOSE To record and account for summonses served outside the permanent command of uniformed member of the service. PROCEDURE After a uniformed member serves a summons in a command other than his/her permanent command, follow normal summons procedure and: SUMMONSING MEMBER 1. Prepare two copies of SUMMONS RECEIPT (PD260-011). NOTE: Separate SUMMONS RECEIPTS MUST BE prepared when: a. Summonses issued are returnable to different adjudicating agencies b. Summonses are returnable on different dates c. Summonses are issued from different summons packets. 2. Deliver appropriate parts of summonses and RECEIPT to desk officer, precinct of occurrence. DESK OFFICER 3. Check summonses against those listed on RECEIPT. 4. Sign copy of RECEIPT and return to summonsing member. 5. Attach remaining copy of RECEIPT to summons listed thereon. SUMMONSING MEMBER 6. Deliver RECEIPT to desk officer of permanent command at completion of tour. DESK OFFICER 1ST PLATOON 7. Ascertain that summonses listed on RECEIPT have been processed. 8. Sign and date RECEIPT. 9. Forward RECEIPT in multi-use envelope to command of summonsing member. COMMAND CLERK, SUMMONSING MEMBER'S COMMAND 10. Ascertain that copy of RECEIPT is received from precinct of record within seven days after date of service of summons. 11. Compare both copies of RECEIPT for discrepancy. 12. File copy of RECEIPT with related CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) or CERTIFICATION OF PARKING SUMMONSES SERVED (PD160- 146). 13. Destroy remaining copy of RECEIPT. ADDITIONAL DATA The [I.O. 1 s 11] Citywide Traffic Task Force and the Highway District are commands of record for summonses served within their territorial jurisdictions by uniformed members of the service assigned to these commands. RELATED PROCEDURES Processing Summonses (P.G. 209-05) Summons Served Outside Permanent Command - Papers Lost (P.G. 209-21) FORMS AND REPORTS CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146) SUMMONS RECEIPT (PD260-011) P.G. 209-21 Summons Served Outside Permanent Command Papers Lost Date Effective: 08/01/13 PURPOSE To provide adjudicating agency with copy of summons complaint if original copy is lost. PROCEDURE If a discrepancy is discovered between the SUMMONS RECEIPT (PD260-011) and the summons issued or if the SUMMONS RECEIPT and/or copies of the summons are lost: COMMANDING OFFICER OF SUMMONSING MEMBER 1. Conduct investigation of the circumstances. 2. Notify commanding officer of command of record if SUMMONS RECEIPT not received. IF SUMMONS WAS PROPERLY RECORDED AND PROCESSED BUT RECEIPT IS LOST: CLERK - COMMAND OF RECORD 3. Check command records/files. 4. Prepare SUMMONS RECEIPT if unable to locate receipt and mark across face "Duplicate." 5. Deliver receipt to desk officer for signature. 6. Forward duplicate receipt to commanding officer of summonsing member. IF COMPLAINT COPY OF SUMMONS IS LOST: CLERK -COMMAND OF RECORD 7. Duplicate summonsing member's copy of summons. 8. Prepare report to adjudication agency on OFFICIAL LETTERHEAD (PD158-151) indicating that the complaint copy of the summons was lost and the member's copy is being substituted for the complaint copy. 9. Deliver report to commanding officer for signature. 10. Forward report and member's copy of summons to adjudicating agency as original summons. 11. Give summonsing member duplicate copy of summons for submission with CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) or CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146). RELATED PROCEDURES Summons Served Outside Permanent Commands (P.G. 209-20) FORMS AND REPORTS CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146) SUMMONS RECEIPT (PD260-011) OFFICIAL LETTERHEAD (PD158-151) P.G. 209-22 Summons Notification Date Effective: 09-06-13 PURPOSE To notify agencies or units concerned in certain summons cases. PROCEDURE When a summons has been served for the following offenses, follow normal summons processing procedure and: DESK OFFICER 1. Make telephone notification to agency concerned as indicated below: OFFENSE NOTIFY a. Soliciting contributions in public (Section 603-11.0, Administrative Code.) ==> Department of Social Services b. Traffic offense by operator of Parks Department vehicle. ==> Parks Department, Director of Maintenance c. Moving traffic infraction committed by school bus operator while actually transporting children. ==> NYC Board of Education, Bureau of Pupil Transportation d. Summonses issued to private carting vehicle for moving violations under the NYS Vehicle and Traffic Law and the NYC Traffic Rules; violations of the Environmental Control Board; and, violations of the NYC Department of Consumer Affairs or the NYC Department of Health. ==> Business Integrity Commission 2. Forward REPORT OF VIOLATION (PD672-151) to: a. Department of Consumer Affairs when summons issued to towing car owner or driver. NOTE: Tow trucks of certain organizations and tow truck operators who are employed by and are actually operating a tow truck of such organization are exempt from Department of Consumer Affairs licensing regulations. Those EXEMPT ORGANIZATIONS are: a. Governmental agencies b. Franchise public transportation companies c. Taxi companies - licensed by Taxi and Limousine Commission d. School bus companies (as defined in VTL) e. Public utility companies f. Motor vehicle rental agencies. 3. Prepare report on OFFICIAL LETTERHEAD (PD158-151) and forward direct to Bureau of Enforcement, N.Y.C. Department of Air Resources, 120 Wall Street, New York 10005, when a summons is served for an air pollution violation (other than a smoking vehicle). Report will include: a. Summons number b. Violation (full section number) c. Time and date d. Place of occurrence e. Details f. Defendant's name and address g. Rank, name, shield number and command of summonsing officer. 4. Forward a duplicate copy of summons served for violation of Section 11-801, Administrative Code "no commercial motor vehicle tax stamp" to the Chief of Department, Investigation and Review Section accompanied by a Typed Letterhead indicating reason summons was served. a. Investigation and Review Section will forward the duplicate summons to New York City Department of Finance. RELATED PROCEDURES Conditions of Service (P.G. 209-01) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) FORMS AND REPORTS OFFICIAL LETTERHEAD (PD158-151 REPORT OF VIOLATION (PD672-151) Typed Letterhead P.G. 209-23 Taxi And Limousine Commission Notifications Re: Violations And Enforcement Action Date Effective: 08-19-13 PURPOSE To notify the New York City Taxi and Limousine Commission when enforcement action is taken for violations committed by taxicab/taxi and limousine plate owners/operators, or operators of vehicles, which should be regulated by the Taxi and Limousine Commission and to report other violations for which no enforcement action was taken or was inappropriate. DEFINITION ENFORCEMENT ACTION - For the purpose of this procedure includes, but is not limited to, the issuance of: a. Summonses for moving violations, b. Summonses for violations returnable to Criminal Court, AND c. Notices of Violation and Hearing returnable to the New York City Environmental Control Board. NOTE: A REPORT OF VIOLATION (PD672-151) will not be prepared when a summons or Notice of Violation and Hearing is issued as described above. PROCEDURE Upon taking any enforcement action against owners/operators of vehicles licensed or those owners/operators of vehicles that should be licensed by the New York City Taxi and Limousine Commission: UNIFORMED MEMBER OF THE SERVICE 1. Comply with P.G. 209-09, "Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court" or P.G. 209-12, "Environmental Control Board Notice of Violation and Hearing - General Procedure," as appropriate. TRAFFIC SAFETY OFFICER 2. Make two photocopies of front of original summons/Notice of Violation and hearing. 3. Enter next sequential number from "Report of Violation" log on the top of each photocopy of summons/Notice of Violation and Hearing. 4. Have one photocopy of summons or Notice of Violation and Hearing forwarded to the New York City Taxi and Limousine Commission, in lieu of REPORT OF VIOLATION. 5. File second copy of summons or Notice of Violation and Hearing in rear of "Report of Violation" log or command file. NOTE: A REPORT OF VIOLITION will continue to be prepared in those instances where operators of taxicabs/Taxi and Limousine Commission licensed vehicles or operators of vehicles that should be licensed by the Taxi and Limousine Commission are arrested or become aided cases (see P.G. 208-58, "Arrest of Taxicab and/or Tow Truck Owners/Operators," and 216-10, "Taxicab Drivers"). WHEN A CIVILIAN PASSENGER OR MEMBER OF THE SERVICE REPORTS A VIOLATION FOR WHICH ENFORCEMENT ACTION IS NOT NECESSARY OR POSSIBLE (e.g. COMPLAINT OF DIRTY TAXI, FARE DISPUTE, ETC.) DESK OFFICER 6. Cause preparation of REPORT OF VIOLATION (PD672-151). 7. Obtain following information from complainant, if possible: a. Driver's identification number. b. Driver's name and date of birth. c. Medallion number of vehicle. 8. Insert New York State registration number on REPORT OF VIOLATION when above information cannot be obtained. 9. Forward one copy of REPORT OF VIOLATION to Taxi and Limousine Commission. a. File other copy in precinct. ADDITIONAL DATA Licensees are required to cooperate with Police Department in the performance of their duties particularly with regard to the following regulations: a. Licensees may not conceal evidence of crime nor voluntarily aid violators of law to escape arrest. b. Licensees are required to immediately report to the Police Department any unlawful acts directly connected with their licensed vehicles, or any use or attempt to use their vehicles in connection with a crime or escape from the scene of a crime. Any member of the service who has occasion to inspect a taxicab that is involved in a collision, operated in violation of law, or used in the commission of a crime, will make an inspection of such taxicab in respect to its mechanical condition. Member will note all defects and report the facts, through the commanding officer, to the Taxi and Limousine Commission. If an arrest is made, a record and disposition will be included in the report. The desk officer will adjudicate fare disputes. Failure to comply with the decision will subject offender to a charge of Theft of Services, Section 165.15, subdivision 3, Penal Law. Upon payment of fare, driver is required to give passenger a receipt. Adjudication of fare dispute does not deprive passenger of the right to report violations of Taxi and Limousine Commission Rules and Regulations. The desk officer will record such allegations on REPORT OF VIOLATION and forward as indicated above. RELATED PROCEDURES Arrest of Taxicab and/or Tow Truck Owners/Operators (P.G. 208-58) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Environmental Control Board Notice of Violation and Hearing - General Procedure (P.G. 209-12) Taxicab Drivers (P.G. 216-10) Taxicab Violations (A.G. 321-17) FORMS AND REPORTS REPORT OF VIOLATION (PD672-151) P.G. 209-24 Mandatory Driver's License Checks Date Effective: 08-19-13 PURPOSE To identify persons operating vehicles with suspended/revoked licenses by conducting mandatory driver's license checks. SCOPE Mandatory driver's license checks are to be conducted when uniformed members of the service respond to: a. Traffic collisions involving death or physical injury (whether injury is observed or complained of). b. Traffic collisions regardless of injuries, if RMP is equipped with a Mobile Digital Terminal (computer). c. Car stops and the vehicle operator does not present a New York State driver's license. d. All car stops if the RMP is equipped with a Mobile Digital Terminal (computer). e. Other situations, e.g., arrest, traffic violation, etc., which under the circumstances require further investigation. PROCEDURE When conducting a mandatory driver's license check: UNIFORMED MEMBER OF THE SERVICE 1. Request response of RMP equipped with mobile digital terminal (computer). a. Request Communications Section conduct driver's license check, if computer equipped vehicle is not available. 2. Comply with P.G. 209-26, "Suspended or Revoked Vehicle Operator's License," if computer or other check discloses that operator is driving with a suspended/ revoked license. ADDITIONAL DATA DMV COMPUTER INOPERATIVE If the Department of Motor Vehicles computer is inoperative, the license check as described in this procedure cannot be conducted. When circumstances do not warrant detention and the operator of the vehicle possesses a valid driver's license, vehicle registration, insurance card, etc., the uniformed member of the service concerned will make an entry in his/her ACTIVITY LOG (PD112-145) and include the operator's name, address, telephone number, date of birth, and driver's license number. SEARCH OF DMV RECORDS Uniformed members of the service should be guided by the following indicators when conducting license/name checks of motor vehicle operators: a. When conducting license/name checks always run a group search of the last name, first name, and sex without the date of birth or any middle initial (common names such as Smith, Garcia, etc. may prohibit such a search due to the large number of responses generated). b. Examine DMV files containing the same name/addresses with different dates of birth. c. Examine motor vehicle operator's documents to determine if identification with other names, addresses, or dates of birth are possessed. Invoice any items found suggesting additional driving records/identifications. d. Be alert to out-of-state licenses which may have been issued under lax identification standards. e. Review a suspect's criminal history in Department databases such as C.A.R.S. and B.A.D.S. to ascertain additional aliases, addresses, or dates of birth. f. Fill out CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST (PD135-160) form, if applicable. Attach all pertinent supporting data and submit to desk officer for review, before distributing as per instructions on form. FALSE PERSONATION When attempting to ascertain a prisoner's identity, the uniformed member of the service concerned should inform the prisoner that knowingly misrepresenting his or her actual name, date of birth, or address to a police officer, with intent to prevent a police officer from ascertaining such information, is punishable as a crime. Prisoners who knowingly misrepresent their pedigree information should be charged under Penal Law 190.23 (False Personation, B Misd.). RELATED PROCEDURES Suspended or Revoked Vehicle Operator's License (P.G. 209-26) Vehicle Collisions - General Procedure (P.G. 217-01) Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury (P.G. 217-02) FORMS AND REPORTS ACTIVITY LOG (PD112-145) CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST (PD135-160) P.G. 209-25 Processing Warrant Checks Over Citywide I And Ii Radio Date Effective: 08/01/13 PURPOSE To provide uniformed members of the service with over the air access, via Citywide I and Citywide II radio, to federal, state and local warrant databases. DEFINITIONS For the purposes of this procedure the following radio codes will be utilized: 10-18 Utilization of this response code signal indicates that, on the basis of the information provided, the individual concerned appears to be wanted on a warrant. 10-19 This response code indicates that, on the basis of the information provided, the individual concerned is not wanted on a warrant based on the WINQ/WNAM inquiry. PROCEDURE Prior to issuing a summons returnable to Criminal Court or Traffic Violations Bureau in the field, a uniformed member of the service will conduct a federal, state and local warrant check on all individuals. UNIFORMED MEMBER OF THE SERVICE 1. Notify Communications Section radio dispatcher of the nature and location of the stop, including whether a one or two person unit. IF ASSIGNED TO RMP OR OTHER DEPARTMENT VEHICLE EQUIPPED WITH A MOBILE DIGITAL TERMINAL (MDT) 2. Conduct a federal and state warrant check using the "WINQ" function on the individual to be summonsed. a. Remove individual to command facility for further investigation, if the "WINQ" check reveals the possibility of an outstanding warrant. (1) Conduct additional warrant check (WNAM) at the command facility. 3. Perform a local warrant check, if the "WINQ" check reveals that the individual is NOT wanted on a warrant, by switching to the appropriate Citywide radio frequency (CW 1 or CW 2) and requesting the dispatcher to conduct a local warrant check ("WNAM"). NOTE: Citywide I (CW 1) radio frequency will be utilized by uniformed members assigned to or operating within Patrol Boroughs Manhattan North and South and Patrol Borough Bronx. Citywide II (CW 2) radio frequency will be utilized by uniformed members assigned to, or operating within Patrol Boroughs Queens North and South, Patrol Borough Staten Island, Patrol Borough Brooklyn South and SATCOM Brooklyn North. a. Only the uniformed member initiating the stop will switch frequencies; all other uniformed members will remain on the Communications Section frequency. CITYWIDE DISPATCHER 4. Notify uniformed member concerned utilizing radio code signal "10-18," if the individual is wanted on a warrant. UNIFORMED MEMBER CONCERNED 5. Remove the individual to the command facility for further investigation. CITYWIDE DISPATCHER 6. Notify uniformed member concerned utilizing radio code signal "10-19," if the individual is not wanted on a warrant. UNIFORMED MEMBER CONCERNED 7. Issue summons and release the individual. IF ASSIGNED TO FOOT PATROL OR TO A VEHICLE NOT EQUIPPED WITH A MOBILE DIGITAL TERMINAL (MDT) AND/OR THERE IS NO IMMEDIATE ACCESS TO A DEPARTMENT CELL PHONE: UNIFORMED MEMBER OF THE SERVICE 8. Request response of available vehicle equipped with a Mobile Digital Terminal. a. Comply with steps 1 through 3 above, if Mobile Digital Terminal equipped vehicle is available. 9. Request the appropriate Citywide radio dispatcher to process the federal, state, and local warrant checks, if a Mobile Digital Terminal equipped vehicle is not available. CITYWIDE DISPATCHER 10. Notify uniformed member concerned utilizing radio code signal "10-19," if the individual is not wanted on a warrant. UNIFORMED MEMBER CONCERNED 11. Issue summons and release the individual. CITYWIDE DISPATCHER 12. Notify uniformed member concerned utilizing radio code signal "10-18," if the warrant check reveals that the individual is possibly wanted on a warrant. UNIFORMED MEMBER CONCERNED 13. Remove the individual to the command facility for further investigation. NOTE: If the warrant check is being conducted by a uniformed member performing solo patrol duty and results in the individual being wanted on a warrant, the Citywide dispatcher shall immediately notify the appropriate Communications Section radio dispatcher to direct an available two person unit to respond to the scene. Upon arrival of additional units, the uniformed member detaining the individual will remove the individual to the command facility for further investigation. P.G. 209-26 Suspended Or Revoked Vehicle Operator's License Date Effective: 08/01/13 PURPOSE To remove and process driver's licenses that have been suspended/revoked. PROCEDURE When a uniformed member of the service stops a vehicle and discovers that the operator is driving with a suspended/revoked drivers license: UNIFORMED MEMBER OF THE SERVICE 1. Confiscate driver's license. 2. Prepare SEIZED DRIVER'S LICENSE RECEIPT/REPORT (PD634-152) and CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST (PD135-160) form, if applicable. 3. Give operator of vehicle receipt for license by utilizing original copy of bottom half of SEIZED DRIVER'S LICENSE RECEIPT/REPORT. a. If operator has any suspensions or his/her license has been revoked for any reason, remove to command and process for Desk Appearance Ticket (DAT). If ineligible for DAT continue arrest processing and bring FINEST printout, if available, to Central Booking with prisoners. NOTE: See New York State Vehicle and Traffic Law Section 511[1][a], 511[2][a], and 511[3][a] (effective 11-1-93), for appropriate charges. 4. Do not mark or mutilate license in any manner. 5. Have violator's vehicle parked in legal parking area until registered owner can arrange to have vehicle removed from scene by licensed operator. DESK OFFICER 6. Forward confiscated license with original top half of SEIZED DRIVER'S LICENSE RECEIPT/REPORT and CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST form, if appropriate, as directed. a. Review for accuracy CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST form prior to forwarding. 7. File duplicate copy of SEIZED DRIVER'S LICENSE RECEIPT/ REPORT and CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST form, if applicable, in command. IF VIOLATOR CLAIMS SUSPENSION/REVOCATIONS HAVE BEEN REMOVED AND CONDITION CORRECTED WITHIN PAST 14 DAYS: UNIFORMED MEMBER OF THE SERVICE 8. Request violator to produce one of following documents: a. Newly validated license, OR b. Temporary license, OR c. Department of Motor Vehicle receipt or communication (with number of original suspension/revocation order). (1) If documents presented are dated AFTER suspension or revocation order, such documents will verify that license is no longer suspended/revoked. 9. Telephone local office of Department of Motor Vehicles (between 0830 and 1600 hours, Monday through Friday) for verification, if operator does not produce the requested documents. 10. Request verification of claim from the FINEST System, when offices of Department of Motor Vehicles are closed. a. If verification cannot be made, comply with normal summons/arrest procedure and advise violator to report to his/her local Department of Motor Vehicles office and obtain a temporary license until original license is returned. ADDITIONAL DATA SEARCH OF DMV RECORDS Uniformed members of the service should be guided by the following indicators when conducting license/name checks of motor vehicle operators: a. When conducting license/name checks always run a group search of the last name, first name, and sex without the date of birth or any middle initial (common names such as Smith, Garcia, etc. may prohibit such a search due to the large number of responses generated.) b. Examine DMV files containing the same name/addresses with different dates of birth. c. Examine motor vehicle operator's documents to determine if identification with other names, addresses, or dates of birth are possessed. Invoice any items found suggesting additional driving records/identifications. d. Be alert to out-of-state licenses which may have been issued under lax identification standards. e. Review a suspect's criminal history in Department databases such as C.A.R.S. and B.A.D.S. to ascertain additional aliases, addresses, or dates of birth. f. Fill out CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST form, if applicable. Attach all pertinent supporting data and submit to desk officer for review, before distributing as per instructions on form. FALSE PERSONATION When attempting to ascertain a prisoner's identity, the uniformed member of the service concerned should inform the prisoner that knowingly misrepresenting his or her actual name, date of birth, or address, to a police officer, with intent to prevent a police officer from ascertaining such information, is punishable as a crime. Prisoners who knowingly misrepresent their pedigree information should be charged under Penal Law 190.23 (False Personation, B Misd.). RELATED PROCEDURES Desk Appearance Ticket - General Procedure (P.G. 208-27) Suspension and Revocation Orders (P.G. 212-80) FORMS AND REPORTS SEIZED DRIVER'S LICENSE RECEIPT/REPORT (PD634-152) CONSOLIDATION OF CLIENT IDENTIFICATION REQUEST (PD135-160) P.G. 209-27 Service Of A Summons - Removal Of Ignition Key Date Effective: 08/01/13 PURPOSE To reduce incidents of auto theft. PROCEDURE When a uniformed member of the service observes the key in the ignition of an unattended motor vehicle for more than three minutes: UNIFORMED MEMBER OF THE SERVICE 1. Lock ignition. 2. Remove key. 3. Prepare two copies of REMOVAL OF IGNITION KEY (PD571-121). 4. Attach one copy of REMOVAL OF IGNITION KEY to steering wheel and attach remaining copy to key. 5. Prepare summons for violation of Administrative Code, returnable to Parking Violations, and place on windshield. 6. Give summons and key to violator and destroy REMOVAL OF IGNITION KEY, if violator returns while member is at scene. 7. Deliver key with attached tag to desk officer if violator does not return. DESK OFFICER 8. Return key to violator upon appearance at command. 9. Invoice key to Property Clerk and destroy REMOVAL OF IGNITION KEY if not claimed within forty-eight hours. FORMS AND REPORTS REMOVAL OF IGNITION KEY (PD571-121) P.G. 209-28 Unlicensed Tow Truck Operators Date Effective: 08/01/13 PURPOSE To summons an unlicensed tow truck operator DEFINITIONS For the purpose of this procedure the following definitions will be utilized: EXEMPT TOW TRUCK - A tow truck owned or operated by/for: a. A governmental agency b. A vehicle dismantler c. Franchised public transportation d. A bus company e. A utility company f. An owner of a taxi(s) or a livery vehicle which is licensed to operate by the Taxi and Limousine Commission g. A school bus company h. A vehicle rental agency. TOWING - The moving of a vehicle where a fee, charge or other consideration is directly or indirectly imposed for such moving or where the towing service is performed by a person engaged in the servicing or repairing of vehicles. PURPOSE When a uniformed member of the service observes an unlicensed tow truck operator: UNIFORMED MEMBER OF THE SERVICE 1. Issue summons, if operator is eligible, for violation Code Section 20-496(b), returnable to Criminal Court. of Administrative 2. Prepare REPORT OF VIOLATION (PD672-151), and enter under "Details": a. Violation of Unlicensed Tow Truck Operator, Administrative Code, Section 20-496(b). b. List registered owner/address from the Certificate of Registration. If Certificate of Registration is not available, issue summons and obtain FINEST printout of the identity and address of registered owner. NOTE: Uniformed members of the service observing an unlicensed tow truck parked unattended will prepare a REPORT OF VIOLATION and complete as fully as possible. 3. Submit REPORT OF VIOLATION with FINEST System printout of registered owner if applicable, to the desk officer. NOTE: It is of extreme importance that the REPORT OF VIOLATION be properly prepared since information contained thereon forms the basis for subsequent imposition of administrative sanctions by the Department of Consumer Affairs. DESK OFFICER 4. Review the REPORT OF VIOLATION for completeness and accuracy. 5. Forward the white and blue copy, with FINEST printout of registered owner attached, when applicable, to the Department of Consumer Affairs, Licensing Enforcement Section, 42 Broadway, New York, New York 10004. ADDITIONAL DATA Each person operating a tow truck must have in their possession a Tow Truck Operator Driver's License issued by the Department of Consumer Affairs. These licenses include the name of the driver, identification number and photo. RELATED PROCEDURES Arrest of Taxicab and/or Tow Truck Owners/Operators (P.G. 208-58) Conditions of Service (P.G. 209-01) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Summons Notifications (P.G. 209-22) Appearances at Department of Consumer Affairs (P.G. 211-13) FORMS AND REPORTS REPORT OF VIOLATION (PD672-151) P.G. 209-29 Seizure Of Unlicensed Tow Truck Date Effective: 08-19-13 PURPOSE To seize unlicensed tow trucks that are required to be licensed by the New York City Department of Consumer Affairs. DEFINITIONS TOW TRUCK - shall mean a vehicle that is equipped with a crane, winch, tow bar, push plate or other device designed to pull, push, or raise a vehicle from the front or rear. TOWING - A tow truck being driven or operated on public streets whether or not it is actually transporting another vehicle. Towing shall also include the offering to transport a vehicle by means of a tow truck. NOTE: An employee of a repair shop registered pursuant to Article 12A of the New York State Vehicle and Traffic Law shall not be deemed to be engaged in "towing" when such employee test drives a tow truck that has been repaired or is to be repaired by such repair shop, and the tow truck is not transporting another vehicle, and the test drive takes place within a one mile radius of the repair shop's premises. EXEMPT TOW TRUCK - Tow trucks owned or operated by/for the following entities are exempt from this procedure: a. Government agency b. Vehicle dismantler c. Franchised public transportation d. Bus company e. Utility company f. Taxi/livery vehicle owner who is licensed to operate by the Taxi and Limousine Commission g. School bus company h. Vehicle rental agency NOTE: Exempt tow trucks will be identified by a sticker. This exemption sticker is affixed to the right inside portion of the windshield next to the vehicle's tax stamp. In addition to the exempt vehicles listed above, there are certain tow trucks which shall not be subject to seizure under this procedure. These include company owned trucks that are used to tow only company owned vehicles, e.g., oil companies, bakeries, etc. Additionally, tow trucks from outside New York City that are passing through or merely picking up or dropping off a vehicle within New York City are not subject to this procedure. PROCEDURE When a uniformed member of the service observes a tow truck not licensed by the New York City Department of Consumer Affairs or not bearing an exemption sticker engaged in towing as defined above: UNIFORMED MEMBER OF THE SERVICE 1. Determine if the operator of the tow truck has the following: a. A New York State driver's license with tow truck endorsement. NOTE: Section 501(b)(viii) of the Vehicle and Traffic Law requires that a driver's license bear a "CT" endorsement in order for the holder to operate a tow truck. b. Department of Consumer Affairs tow truck driver's license. c. See "ADDITIONAL DATA" for description of a properly licensed tow truck and companion graphic. 2. Ascertain whether tow truck is: a. Exempt, or b. Registered in New York City or, c. The tow company's place of business is within New York City. 3. Verify that the tow truck and/or the vehicle being towed are not stolen. a. Comply with appropriate procedures if either vehicle is reported stolen. 4. Request the response of the patrol supervisor. PATROL SUPERVISOR 5. Respond to the scene and verify that the tow truck to be seized meets the appropriate criteria. NOTE: If doubt exists, direct the member to prepare a REPORT OF VIOLATION (PD672-151) only and release the tow truck. 6. Direct the officer to issue summons as necessary for other violations observed, if appropriate. 7. Advise the officer to obtain sufficient information regarding the tow truck and towed vehicle for preparation of a PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). NOTE: If the owner/operator of the vehicle being towed by the unlicensed tow truck is present, release the vehicle to the owner/ operator but do not release the unlicensed tow truck. A description of the vehicle released must be entered in the remarks section of the INVOICE. If the vehicle was involved in a collision, the officer will offer the owner of the vehicle the services of the Directed Accident Response Program (DARP). If the vehicle was merely being towed by an unlicensed tow truck and the owner is present, advise the owner of the vehicle that he may have his vehicle towed by any licensed tow company of his choice or by the responding Department of Consumer Affairs contracted tow company. 8. Provide the member with a Department of Consumer Affairs Summons/ Notice of Violation and Hearing. UNIFORMED MEMBER OF THE SERVICE 9. Prepare Summons/Notice of Violation and Hearing. a. Include in "Details of Violation" section the vehicle identification number (VIN) of the tow truck seized. b. Select a return date within five business days of the seizure for either 0930 or 1400 hours. c. Issuing officer must appear at the Department of Consumer Affairs on the selected return date. NOTE: The return date selected will not be the same day as the seizure, nor on a regularly scheduled day off (RDO) of the member issuing the summons. 10. Deliver the pink copy of the summons to the tow truck driver. a. Retain remaining copies and bring them to the Department of Consumer Affairs hearing on the return date. b. Deliver the buff (hard) copy to the patrol supervisor. PATROL SUPERVISOR 11. Advise member that the Department of Consumer Affairs approved towing company will be contacted to respond to the scene. NOTE: The patrol supervisor will advise the member that the responding Department of Consumer Affairs approved tow company must have a Department of Consumer Affairs Vehicle Transfer Authorization - Acknowledgment of Transfer properly signed and embossed with a raised seal. In certain instances involving heavy-duty tows the authorized Department Of Consumer Affairs tow company may subcontract the tow to one of the alternate tow companies listed in the "Additional Data" section. The alternate tow company will present a fax copy of the Department of Consumer Affairs Vehicle Transfer Authorization Acknowledgment of Transfer to the member. The alternate authorized company must remove the vehicle to the primary authorized tow company's storage location. The member of the service may contact the primary authorized tow company at (718) 257-1556. The primary authorized tow company will, upon request, arrange to have a copy of the original Vehicle Transfer Authorization and Acknowledgment delivered to the member's command. 12. Respond to the command and contact the Department of Consumer Affairs approved contracted towing company (see "ADDITIONAL DATA" for approved tow company). 13. Provide the Department of Consumer Affairs approved tow company with the following information: a. Location of the seizure. b. If the seized tow truck is an unusually large vehicle. c. The number of tow trucks needed. NOTE: Request one tow truck if only an unlicensed tow truck is involved and two tow trucks if the unlicensed tow truck was towing a vehicle. 14. Ensure that the Department of Consumer Affairs tow company acknowledges that the requested tow truck is for a seizure and not any other program (e.g. Rotation Tow, etc.). 15. Enter in the REPORT OF VIOLATION log the name of the: a. Department of Consumer Affairs approved tow company notified to remove the seizure. b. Person at the approved tow company who was notified. UNIFORMED MEMBER OF THE SERVICE 16. Inspect Department of Consumer Affairs Vehicle Transfer Authorization Acknowledgment of Transfer provided by the responding Department of Consumer Affairs tow company operator for: a. Authorized signature b. Embossed seal. NOTE: The responding Department of Consumer Affairs tow company may only have a faxed copy of the Department of Consumer Affairs Vehicle Transfer Authorization - Acknowledgment of Transfer. 17. Advise the Department of Consumer Affairs tow company operator to complete and sign the top portion of the Department of Consumer Affairs Vehicle Transfer Authorization - Acknowledgment of Transfer form. 18. Complete bottom portion of form and sign. a. Retain the completed form. 19. Allow the Department of Consumer Affairs authorized tow operator to remove the unlicensed tow truck. NOTE: The authorized tow company will also remove any vehicle being towed by the unlicensed tow truck if necessary. Such a vehicle will not be listed on the Department of Consumer Affairs Vehicle Transfer Authorization Acknowledgment of Transfer. 20. Prepare PROPERTY CLERK INVOICE WORKSHEET for seized tow truck only. a. Check "Investigatory" caption box in category of property section on top of form. b. Indicate in "Remarks" section: (1) "F.O.A. Released to Department of Consumer Affairs" (2) Full description of vehicle being towed by the unlicensed tow truck and whether the vehicle was released at the scene, towed by the Department of Consumer Affairs authorized tow company, or other disposition (e.g. DARP tow). NOTE: Personal property invoiced will not be put on the same INVOICE as the seized tow truck. Personal property will be invoiced on a separate PROPERTY CLERK INVOICE (PD521-141). 21. Deliver the INVOICE WORKSHEET to the desk officer. 22. Advise the desk officer of the return date for the Department of Consumer Affairs hearing. DESK OFFICER 23. Direct roll call to enter the return date in the diary. a. Roll call will notify Appearance Control Unit via the Court Appearance Control System (CACS). 24. Verify the accuracy and completeness of the INVOICE WORKSHEET. 25. Ensure PROPERTY CLERK INVOICE WORKSHEET is entered into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE. 26. Create a PROPERTY TRANSFER REPORT (PD521-1412), utilizing the "External Transfer" function in the Property and Evidence Tracking System, with the destination of the authorized Department of Consumer Affairs tow company who removed the unlicensed tow truck. a. Enter in "Remarks" section of PROPERTY TRANSFER REPORT "Released to the Department of Consumer Affairs representative -RELEASED F.O.A." UNIFORMED MEMBER OF THE SERVICE 27. Electronically sign PROPERTY TRANSFER REPORT. DESK OFFICER 28. Electronically sign PROPERTY TRANSFER REPORT. 29. Direct the member to: a. Notify the Department of Consumer Affairs at telephone number (212) 487-4142 of the seizure. A message can be left via voice mail 24 hours a day, if other than normal business hours. b. Fax to the Department of Consumer Affairs, (twenty-four hours a day) at telephone number (212) 487-4221: (1) A copy of the Department of Consumer Affairs Vehicle Transfer Authorization - Acknowledgment of Transfer. (2) A copy of the Department of Consumer Affairs Summons/ Notice of Violation and Hearing. 30. Attach Department of Consumer Affairs Vehicle Transfer Authorization -Acknowledgment of Transfer to "Property Clerk" copy of the PROPERTY CLERK INVOICE. 31. File "Property Clerk" copy of the INVOICE in the "Closed" file at command. 32. Direct the member seizing the tow truck to notify its owner via telephone and in writing of the location of any vehicle towed in conjunction with the seizure. 33. Make a Command Log entry of the following: a. Name, rank, shield and tax registry numbers of the member seizing the unlicensed tow truck. b. Location of seizure. c. Description of vehicle seized. d. Description and disposition of any vehicles being towed by the unlicensed tow truck. e. Name and location of Department of Consumer Affairs authorized tow company which accepted vehicles. f. PROPERTY CLERK INVOICE number. g. Return date for hearing. UNIFORMED MEMBER OR THE SERVICE 34. Make a complete ACTIVITY LOG (PD112-145) entry of the seizure. ADDITIONAL DATA PRIMARY AUTHORIZED DEPARTMENT OF CONSUMER AFFAIRS TOW COMPANY SOLID GOLD 578 COZINE AVENUE BROOKLYN, NEWYORK 11208 Attention: Daniel P. Danner FAX (718) 256-0628 TELEPHONE (718) 257-1556 The alternate authorized Department of Consumer Affairs tow companies will only be contacted by the primary authorized tow company. The primary authorized tow company is responsible for the removal of the vehicles and contacting any alternate company that may be needed for a specialized removal. Under no circumstances will an alternate tow company be contacted by a member of this Department for the removal of an unlicensed tow truck seized by this Department. All requests for removal of seized vehicles will be made to the primary authorized tow company. ALTERNATE AUTHORIZED DEPARTMENT OF CONSUMER AFFAIRS TOW COMPANIES Murray Rude Services, Inc. 494 Morgan Avenue Brooklyn, New York 11222 J & J Towing Inc. 660 Gulf Avenue Staten Island, New York 10314 Russo & Whitlock 452 Coster Street Bronx, New York 10474 GRAPHIC OF CONSUMER AFFAIRS TOW TRUCK WITH PROPERLY DISPLAYED ITEMS (Figure 57) THIS IS AN EXAMPLE (NOT DRAWN TO SCALE) OF A PROPERLY DISPLAYED TOW TRUCK MEDALLION (4 INCHES WIDE X 6-1/4 INCHES HIGH, RED METAL FLAT PLATE), MEDALLION NUMBER AND OTHER INFORMATION. THE MEDALLION AND MEDALLION NUMBER ARE PERMANENTLY AFFIXED TO THE TRUCK. NOTE THAT THE MEDALLION NUMBER MUST BE RECORDED IN NUMBERS AT LEAST 12 INCHES HIGH. ALL OTHER LETTERING AND NUMBERING MUST BE RECORDED IN LETTERS AND NUMBERS AT LEAST 1-1/2 INCHES HIGH. THE MEDALLION MUST BE AFFIXED TO THE DRIVER SIDE, AND THE MEDALLION NUMBER MUST BE PAINTED ON BOTH THE DRIVER SIDE AND PASSENGER SIDE. RELATED PROCEDURES Arrest of Taxicab and/or Tow Truck Owners/Operators (P.G. 208-58) Conditions of Service (P.G. 209-01) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Summons Notifications (P.G. 209-22) Appearances at Department of Consumer Affairs (P.G. 211-13) FORMS AND REPORTS ACTIVITY LOG (PD112-145) NOTICE OF VIOLATION (PD260-151) PROPERTY CLERK INVOICE WORKSHEET (PD 521-141A) PROPERTY CLERK INVOICE (PD521-141) PROPERTY TRANSFER REPORT (PD521-1412) REPORT OF VIOLATION (PD672-151) Department of Consumer Affairs Summons/Notice of Violation and Hearing Department of Consumer Affairs Vehicle Transfer Authorization Acknowledgment of Transfer P.G. 209-30 Summons Served On Vehicle Used On Department Business Date Effective: 08/01/13 PURPOSE To investigate circumstances of summons served on a vehicle while on official Department business and/or utilized in the performance of urgent police action or necessary police action. DEFINITIONS - The definitions listed below are ONLY applicable to this procedure: URGENT POLICE ACTION - Police response to a call for service, typically a response to an emergency or an active pursuit or an ongoing surveillance of a moving subject. NECESSARY and taken activity. uniformed POLICE ACTION - A response that is less than urgent police action to enhance public/officer safety or to detect and deter criminal It does not include actions taken solely for the convenience of members of the service. VALID VERIFIABLE DEFENSE - Department of Finance, Parking Violations Bureau, procedure for dismissing summonses issued to Department or authorized private vehicles while on official Department business. Summonses issued for the following safety violations are NOT eligible for a "Valid Verifiable Defense," absent urgent police action or necessary police action: a. Double Parking b. Fire Hydrant or Fire Zone c. Bus Stop d. Sidewalk e. Crosswalks and Driveways f. Obstruction of Traffic g. No Standing Zones (except "No Standing Except Truck Loading and Unloading") h. Snow Emergency i. No Parking - Except Authorized Vehicles j. No Stopping k. No Parking - Taxi Stand l. Within No Permit Areas - As indicated on rear of Department issued Vehicle Parking Permits (Misc. 740, Misc 23-N, etc.). PROCEDURE Upon receipt of a summons issued to a vehicle while on official Department business and/or utilized in the performance of urgent police action or necessary police action. UNIFORMED MEMBER OF THE SERVICE 1. Prepare SUMMONS PLEA FORM (PD160-152). 2. Submit summons and SUMMONS PLEA FORM to commanding officer. a. If a summons was issued to an authorized private vehicle also submit an approved copy of REQUEST TO USE PRIVATE VEHICLE (PD471- 160) (see Administrative Guide 325-14, "Private Vehicles Authorization") to commanding officer. COMMANDING OFFICER 3. Investigate circumstances to determine eligibility for Valid Verifiable Defense processing. 4. Endorse SUMMONS PLEA FORM by legibly printing name, tax number, command and signing name, indicating results of investigation and recommendations. 5. Instruct member to answer summons if conditions of Valid Verifiable Defense are not confirmed. 6. Forward first two copies of SUMMONS PLEA FORM, summons, and copy of the approved REQUEST TO USE PRIVATE VEHICLE, if applicable, through channels, to Chief of Department within thirty days. ADDITIONAL DATA When a summons is served for a safety violation (subdivision "a" through "l" listed under "DEFINITIONS") on a vehicle used in the performance of URGENT POLICE ACTION or NECESSARY POLICE ACTION the commanding officer of the concerned member will investigate the circumstances. If the facts are verified, endorse SUMMONS PLEA FORM with supportive details and forward, through channels, within thirty days, recommending the Chief of Department forward the SUMMONS PLEA FORM to the Parking Violations Bureau for final determination. If URGENT POLICE ACTION or NECESSARY POLICE ACTION was not involved when a safety violation occurred, the member's commanding officer will instruct the member concerned to obtain final disposition of summons. In cases where a vehicle was summonsed for a safety violation and URGENT POLICE ACTION or NECESSARY POLICE ACTION was involved, an assessment may conclude the violation was egregious and disciplinary action may be taken. In such cases, the SUMMONS PLEA FORM will be endorsed with a notation indicating the disciplinary action, and will be forwarded through channels to the Chief of Department, within thirty days. Prior to forwarding SUMMONS PLEA FORMS to the Parking Violations Bureau for final determination, the Commanding Officer, Investigation Review Section ,will review all SUMMONS PLEA FORMS and take disciplinary action, if warranted, or ensure it has been instituted. When notified by the Chief of Department that the Parking Violations Bureau has denied a summons dismissal request for lack of a Valid Verifiable Defense or URGENT POLICE ACTION or NECESSARY POLICE ACTION cannot be confirmed, the commanding officer concerned will direct recipient of summons to obtain final disposition of summons. A copy of such disposition will be forwarded to the Chief of Department, through channels, within thirty days. A "Notice of Liability" will be generated by the Department of Finance for violations of the "Red Light Violations Monitoring Program," where a vehicle used on official Department business is photographed passing a steady red light signal. The RED LIGHT VIOLATION PLEA FORM (PD160-154) will be used to request dismissal consideration through Parking Violations Bureau. This form will be forwarded to the command concerned along with the "Notice of Liability" and a letter of instruction by the Office of the Chief of Department, Investigation Review Section. Commanding officers will have form prepared detailing an URGENT POLICE ACTION defense describing the circumstances surrounding the violations (e.g., an active pursuit, response to an emergency or an ongoing surveillance of a moving subject). Backup documentation will be attached and the operator MUST sign the "Operator Declaration" present on the form. These forms will be forwarded, through channels, to the Office of the Chief of Department, Investigation Review Section within thirty days. Inquiries and requests for additional forms related to red light violations will be directed to the Office of the Chief of Department, Investigation Review Section. RELATED PROCEDURES Private Vehicles Authorization (A.G. 325-14) FORMS AND REPORTS SUMMONS PLEA FORM (PD160-152) RED LIGHT VIOLATION PLEA FORM (PD160-154) REQUEST TO USE PRIVATE VEHICLE (PD471-160) P.G. 209-31 Statement Of Correction By A Police Officer Date Effective: 08/01/13 PURPOSE To allow uniformed members of the service to assist motorists, who have been issued defective equipment violations. DEFINITION EQUIPMENT VIOLATIONS - For the purpose of this procedure, are defined as those violations for which a summons may be issued for defective tail, signal, brake lights, one headlight, damaged lens covers or defective tires, etc. DOES NOT include defective brakes, two headlights or a loud radio. PROCEDURE When a motorist, who has been issued a summons for certain equipment violations (as stated above), presents acceptable proof of repair or correction to a uniformed member of the service: NOTE: Such repair must have been within one half hour after sunset the following business day, including Saturday, from the date the summons was issued. UNIFORMED MEMBER OF THE SERVICE 1. Prepare STATEMENT OF CORRECTION BY A POLICE OFFICER (PD660-120). 2. Sign the bottom portion of the STATEMENT. a. Return the completed STATEMENT to the motorist. ADDITIONAL DATA Uniformed members of the service will give a STATEMENT OF CORRECTION BY A POLICE OFFICER to a motorist, who has received a summons for one of these equipment violations, at the time the summons is issued. RELATED PROCEDURE Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) FORMS AND REPORTS STATEMENT OF CORRECTION BY A POLICE OFFICER (PD660-120) P.G. 209-32 Release Of Vehicles Prior To Tow Utilizing A Field Release Agreement (FRA) Date Effective: 08/01/13 PURPOSE When a Patrol Services Bureau (P.S.B.) supervisor is requested to respond to a Field Release Agreement condition. SCOPE A program entitled "Field Release Agreement" exists within the [I.O. 1 s 11] Traffic Enforcement District (TED). This program concerns illegally parked vehicles subject to violation tow. An illegally parked vehicle which is summonsed and impounded ("hooked up") to a tow truck on scene, but is not yet removed from the actual location, may be released pending the completion of an Agreement To Pay Vehicle Release Fee commonly referred to as a Field Release Agreement (FRA). The owner/representative of the vehicle has the option of accepting a FRA. This is an agreement signed by the owner/representative of the impounded vehicle to pay a one hundred dollar ($100.00) or two hundred dollar ($200.00) fee (depending on the weight of the vehicle and/or the need for multiple tow trucks or a single tow truck weighing over eight tons), in addition to the original summons, in lieu of having the vehicle towed. A PED supervisor is required to respond to the scene, review and sign the appropriate FRA paperwork, and authorize the release of the vehicle. To enhance the efficiency and effectiveness of this program, when a PED supervisor is not available to respond in a timely manner, a Patrol Services Bureau patrol supervisor will respond and assume the PED supervisor's duties. DEFINITION FIELD RELEASE AGREEMENT - An agreement between the owner/representative of an illegally parked vehicle (which is subject to violation tow) and the City of New York when a vehicle has been hooked to a tow truck (in preparation for removal to a pound) and the owner, or other person lawfully entitled to be in possession of the vehicle, appears and requests the release of the vehicle (before the tow truck is in motion). The vehicle shall be unhooked and released, provided that the owner/representative first signs a FRA. By doing so the owner/representative consents to pay both the vehicle release penalty fee of $100.00 or $200.00, and the parking violation penalty for which cited. The owner/representative further agrees to remit such payment to the New York City Parking Violations Bureau within thirty days from the date the FRA is executed. PROCEDURE When requested to respond to a Field Release Agreement (FRA) condition: PATROL SUPERVISOR 1. Respond to the scene and verify that the vehicle owner/representative has presented to the tow operator both a valid driver's license and the vehicle's key (ignition and door) AND at least one of the following: a. Valid registration certificate, OR b. Valid title certificate, OR c. Valid insurance card, OR d. Valid rental agreement (for a rental vehicle), OR e. Valid company identification (for a commercial vehicle). 2. Ensure that tow operator has conducted a license check of the vehicle owner/representative. NOTE: If the license check reveals that the vehicle owner/ representative is a scofflaw violator, then the person is not eligible to participate in the FRA program. In addition, holders of a foreign driver's license are also not eligible. 3. Direct the tow operator to complete and sign the FRA and present to the motorist to sign. NOTE: In the event that the owner/representative reports damage to, or missing property from the vehicle, the tow operator must supply the owner/representative with the following forms: Tort Claim and Claim Against The City Of New York Automobile Property Damage. The tow operator will also make a notation on his/her Field Inspection Report regarding the owner's/representative's claim. 4. Initial notation entered on Field Inspection Report by tow operator whenever a vehicle owner/representative makes a damage or missing property claim and verify that they have been issued the appropriate claim forms. NOTE: If owner/representative reports that property is missing from their vehicle, the patrol supervisor will be guided by the provisions of [I.O. 9 s 08] P.G. 207-21, "Allegations Of Corruption And Other Misconduct Against Members Of The Service." 5. Review the FRA for completeness and accuracy, sign in supervisory caption, and authorize release of the vehicle. 6. Return FRA copies to tow truck operator and vehicle owner/representative. 7. Refer vehicle owner/representative to New York City Department of Transportation, Bureau of Traffic, for any additional information. 8. Make all pertinent entries in ACTIVITY LOG (PD112-145), i.e., location of incident, tow operator's name, vehicle owner's/representative's name, etc. RELATED PROCEDURES [I.O. 9 s 08] Allegations Of Corruption And Other Misconduct Against Members Of The Service (P.G. 207-21) FORMS AND REPORTS ACTIVITY LOG (PD112-145) Agreement To Pay Vehicle Release Fee (Field Release Agreement) Claim Against The City Of New York Automobile Property Damage Field Inspection Report Tort Claim P.G. 209-33 Parental Notification For Criminal Court Summonses Issued To Individuals Under 18 Years Date Effective: 08/01/13 PURPOSE To reduce the frequency of youth-related quality-of-life offenses by notifying the parents or guardians of individuals (ages 16 or 17) who have been issued a Criminal Court summons. PROCEDURE When issuing a Criminal Court (C) summons to an individual (ages 16 or 17), uniformed members of the service will comply with the following procedure: UNIFORMED MEMBER OF THE SERVICE 1. Attempt to notify the parent or guardian. NOTE: Do not detain the individual solely for notification. the purpose of making this 2. Indicate the name, address and telephone number of the parent or guardian on a photocopy of the summons and indicate if notification was made. Do not write on the actual summons. 3. Deliver the photocopy of the summons to the command youth officer and process the original in the usual manner. YOUTH OFFICER 4. Attempt to notify the parent or guardian by telephone if they were not already notified by the summonsing officer. 5. Prepare PARENTAL NOTIFICATION FOR CRIMINAL COURT SUMMONS ISSUED TO INDIVIDUALS UNDER 18 YEARS (PD660-121) and submit to commanding officer for review and signature. 6. Maintain a secure file containing the photocopy of the summons, a photocopy of PARENTAL NOTIFICATION FOR CRIMINAL COURT SUMMONS ISSUED TO INDIVIDUALS UNDER 18 and any other related information. SPECIAL OPERATIONS LIEUTENANT 7. Ensure that attempts are made to make notifications and are recorded as appropriate. COMMANDING OFFICER 8. Review and sign PARENTAL NOTIFICATION FOR CRIMINAL COURT SUMMONS ISSUED TO INDIVIDUALS UNDER 18 YEARS and return to youth officer. YOUTH OFFICER 9. Forward PARENTAL NOTIFICATION FOR CRIMINAL COURT SUMMONS ISSUED TO INDIVIDUALS UNDER 18 YEARS to the parent or guardian via U.S. Mail or personal visit. FORMS AND REPORTS PARENTAL NOTIFICATION FOR CRIMINAL COURT SUMMONS ISSUED TO INDIVIDUALS UNDER 18 YEARS (PD660-121) P.G. 209-34 Tow Truck Enforcement/Common Summonsable Offenses Date Effective: 08/01/13 PURPOSE To provide members of the service with guidelines establishing the indicators that justify the stopping of a tow truck based on reasonable suspicion. DEFINITIONS CONSENSUAL TOW - A tow driver does not have to provide any authorization for a consensual tow. The tow operator is required to have written authorization for all non-consensual tows. Authorization must be a signed document listing the make, model, and VIN of vehicle towed. NON-CONSENSUAL TOW - The vehicle is towed without the owner/operator's permission. REQUIREMENTS THAT APPLY TO ALL TOW TRUCKS a. Tow trucks are commercial vehicles and are required to comply with commercial vehicle regulations. The Department of Motor Vehicles requires the company name and address to be permanently affixed on both sides in lettering at least three inches high in contrasting colors to the color of all commercial vehicles. b. Tow trucks must meet the New York State Department of Motor Vehicles requirement of a Gross Vehicle Weight Rating of 8600 pounds. This is not a requirement for tow trucks registered outside of New York State. DEPARTMENT OF CONSUMER AFFAIRS (DCA) REQUIREMENTS FOR TOW TRUCKS BASED IN THE CITY OF NEW YORK a. Tow truck must have the 311 number displayed for consumer complaints. b. The tow truck identification card must be carried at all times in the vehicle. c. New York City based trucks must display either a DCA medallion or an exemption sticker as outlined in P.G. 209-29, "Seizure of Unlicensed Tow Truck." d. The DCA medallion must be permanently affixed to the side of the truck as outlined in P.G. 209-29, "Seizure of Unlicensed Tow Truck." NOTE: The following tow trucks are exempt from the DCA licensing requirements but must display a DCA exemption sticker. (No exemption sticker is required for tow trucks registered out of the city that are only picking up or dropping off in the city): * Government Agency * Vehicle Dismantler/Itinerant Vehicle Collector * Bus Company * Utility Company * Tow truck owner of a Taxi or Livery Vehicle licensed to operate by the Taxi and Limousine Commission * School Bus Company * Vehicle Rental Agency. REQUIREMENTS FOR TOW OPERATORS IN NEW YORK CITY a. Tow truck driver must have the following available while driving a tow truck: (1) Driver's license * New York State Department of Motor Vehicles license with an "S" or "W" endorsement or * Equivalent license from other jurisdictions (2) New York City Department of Consumer Affairs license (3) NYS DMV Vehicle registration (4) Insurance card (5) Tow truck identification card issued by DCA. NOTE: Tow operators from outside of New York City are only required to have a driver's license, vehicle registration and insurance card. OBSERVATION OF THE FOLLOWING INFRACTIONS AUTOMATICALLY JUSTIFY A VEHICLE STOP a. The medallion is not securely affixed to tow truck [Rules 2-362(n)] b. The word "police" or letters "PD" is displayed on tow truck [VTL 396(2)] c. Medallion numbers not painted on or displayed [Rules 2-362(n) (2)] d. Company name/address missing or improper commercial lettering [AC 20507b] e. Soliciting for a tow at an accident scene (AC 20-515b). Additionally, AC 20-515(d) prohibits making an estimate of cost of repairs or offering to make an estimate, offering to make repairs, or providing any inducement, discount, reward or other thing of value to encourage, urge or steer any person to have such accident vehicle towed to a repair facility or to have such accident vehicle repaired at a particular repair facility. Offering to waive the deductible or the towing fee is prohibited. If soliciting is observed the REPORT OF VIOLATION (PD672-151) should contain a full account of the conversation heard - name, address and phone # of motorist, name and address of any witness, etc. A Criminal Court summons should also be issued. The person does not have to be in a tow truck or work for a tow company or repair shop. f. Tow truck's Gross Vehicle Weight Rating (GVWR) less than 8600 pounds [VTL 401(b)] g. Tow truck traveled to accident scene without request [AC 20-518(b) (2)] h. Any violation of the New York State Vehicle and Traffic Laws i. Tow truck towing a vehicle from a parking lot of a closed facility or mall. NOTE: Members of the service are allowed to conduct a license plate check of a vehicle being towed as long as the plate is in plain view. Members of the service are not allowed to climb on the bed of a tow truck to get a vehicle identification number unless there is probable cause that a crime has been committed or the tow is unauthorized (unlicensed tower, authorized tow). If a vehicle is in tow, a proper investigation should be conducted prior to allowing the tow operator to leave. At all tow truck stops where members of the service conduct an investigation regarding illegal tows a TOW TRUCK VIOLATION REPORT (PD666-151) will be prepared. PROCEDURE Upon observing tow truck committing an infraction: MEMBER OF THE SERVICE 1. Stop tow truck and conduct a thorough investigation to determine if the tow truck and/or operator are in compliance with DCA regulations or are exempt. 2. Prepare a TOW TRUCK VIOLATION REPORT for each tow truck stopped and list plate number for any vehicle towed. 3. Fax completed TOW TRUCK VIOLATION REPORT to Borough Auto Larceny Unit for information purposes. (MOS will confirm receipt of fax by phoning appropriate Borough Auto Larceny Unit. Name of Auto Larceny Unit member receiving REPORT will be entered on precinct hard copy). 4. Fax completed TOW TRUCK VIOLATION REPORT to Auto Crime Division at (718) 217-8451 for information purposes. (MOS will confirm receipt of fax by phoning Auto Crime Division. Name of Auto Crime member receiving REPORT will be entered on precinct hard copy). PCT. CRIME ANALYSIS/COUNTERPART 5. Conduct a license plate check on the 7th, 15th and 30th day after stop to determine if vehicle being towed was reported stolen. 6. Notify the Auto Crime Division at (718) 217-8515 if towed vehicle has been reported stolen. 7. Notify the Borough Auto Larceny Unit concerned if tow vehicle has been reported stolen (see "NOTE" under "Borough Auto Larceny Unit/ Counterpart"). 8. Forward hard copy to the Borough Auto Larceny Unit. 9. Maintain copy of completed TOW TRUCK VIOLATION REPORT. BOROUGH AUTO LARCENY UNIT/COUNTERPART 10. Maintain chronological log of all TOW TRUCK VIOLATION REPORTS within the borough. 11. File hard copy of REPORT and maintain data for statistical purposes. NOTE: Prior to taking enforcement action as a result of a follow up investigation stemming from a license check, the Borough Auto Larceny Unit will consult with the Auto Crime Division. MOS ASSIGNED TO AUTO CRIME DIVISION 12. Determine if information provided by precinct/command personnel requires further investigation. ADDITIONAL DATA THE FOLLOWING ARE ADDITIONAL VIOLATIONS THAT MAY BE OBSERVED: a. Tow operator may not possess a police radio/scanner in tow truck or on his/her person (AC 20-515a). MOS should note the transmissions that are audible over the receiver in the ACTIVITY LOG (PD112-145) and on the REPORT OF VIOLATION. The scanner should then be vouchered and brought to the DCA hearing. b. Tow operator refuses an obligated tow (DARP, ROTOW, etc.) (AC 20-512) c. Tow operator refuses Police order to tow vehicle obstructing traffic (AC 20-511) d. Unauthorized removal/towing of vehicle (AC 20-510) e. Towing a vehicle without proper signed authorization (AC 20-510) (non consensual tows only) f. Unlicensed tow truck (AC 20-496a) g. Unlicensed tow truck operator/assistant (AC 20-496b) h. Acceptance of major credit cards as a prerequisite to participate in city towing programs (AC 20-520.1) (Tow truck companies in city programs MUST accept two major credit cards and display the decals of these major credit card companies on their trucks. Refusal to accept payment by a credit card indicated on the truck is a violation.) i. Soliciting for towing at an accident scene (AC 20-515). (Same person at different accident scenes or person distributing business cards at accident scenes.) MEMBERS OF THE SERVICE SHOULD BE AWARE OF THE BELOW LISTED INDICATORS OF POSSIBLE VIOLATIONS: a. Tow trucks parked on residential streets at night b. Tow trucks with no visible tow bars or winches c. Tow truck remaining in a parking lot repeatedly but no contract exists with the facility d. Tow truck towing from parking lot of a closed store or mall. Members of the service are required to prepare a REPORT OF VIOLATION (PD672-151) for any consumer complaint regarding towing. In addition, the consumer should be instructed to contact 311 or referred to the Department of Consumer Affairs (DCA) website at WWW.NYC.GOV. A criminal court summons returnable to New York City Criminal Court should be issued if appropriate. Members of the service are reminded that preparation of a REPORT OF VIOLATION does not relieve them of their responsibility for making appropriate ACTIVITY LOG (PD112-145) entries. All relevant information must be included in the entry. The Chief of Patrol Resource Management Section is the Department's liaison with the Department of Consumer Affairs (DCA). Members of the service may contact Chief of Patrol Resource Management Section at (646) 610-6250, during business hours, with any inquires or questions that cannot be resolved at the command level. RELATED PROCEDURES Conditions of Service (P.G. 209-01) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Unlicensed Tow Truck Operator (P.G. 209-28) Seizure of Unlicensed Tow Trucks (P.G. 209-29) Taxicab or Towing Truck Owners/Operators (P.G. 208-58) FORMS AND REPORTS ACTIVITY LOG (PD112-145) REPORT OF VIOLATION (PD672-151) TOW TRUCK VIOLATION REPORT (PD666-151) P.G. 209-35 Pleading Guilty By Mail For Criminal Court Summons Issued For Consumption Of Alcohol In Public Date Effective: 08-01-13 PURPOSE To facilitate adjudication of summonses issued throughout New York City for Consumption of Alcohol in Public, Administrative Code Violation 10-125(b), to respondents who wish to plead guilty without making a personal appearance. PROCEDURE When issuing a summons for Consumption of Alcohol in Public, Administration Code Violation 10-125(b) ONLY and there are NO OTHER CHARGES, in addition to normal procedures: UMOS ISSUING SUMMONS 1. Issue separate handout entitled; "INSTRUCTIONS FOR PLEADING GUILTY TO SUMMONS BY MAIL (PD260-111)." 2. Inform respondent that in order to exercise their option to adjudicate the summons by pleading guilty by mail, they must include their copy of the SUMMONS along with the form; "INSTRUCTIONS FOR PLEADING GUILTY TO SUMMONS BY MAIL" when mailing in their remittance. NOTE: All other pertinent details such as the amount of the fine (fixed at $25.) and the mailing address are listed on the form. ISSUING MEMBER MUST STILL INCLUDE THE PROPER RETURN DATE AND ADDRESS OF THE PROPER COURT ACCORDING TO THE BOROUGH/PRECINCT OF ISSUANCE IN CASE THE RESPONDENT WISHES TO PLEAD NOT GUILTY OR OTHERWISE MAKE A PERSONAL APPEARANCE. RELATED PROCEDURES Conditions of Service (P.G. 209-01) Summonses and Notices of Violation Returnable Agencies (P.G. 209-02) Summons Return Date and Time (P.G. 209-04) Quantity Control Procedures for the Processing of Summonses Returnable to Criminal Court (P.G. 209-06) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Criminal Court Summons - Graphic (P.G. 209-11) Summons Served or Prepared in Error (P.G. 209-18) FORMS AND REPORTS INSTRUCTIONS FOR PLEADING GUILTY TO SUMMONS BY MAIL (PD260-111) P.G. 209-36 Electronic Summons Tracking System (ESTS) Date Effective: 08-01-13 PURPOSE To maintain a record of Parking, Environmental Control Board (ECB), Moving, Criminal Court and Transit Adjudication Bureau (TAB) summonses requisitioned, distributed, served and/or processed by the Department. PROCEDURE When requisitioning, distributing, serving and/or processing Parking, ECB and Moving, Criminal Court or Transit Adjudication Bureau (TAB) summonses: COMMANDING OFFICER/DESIGNEE 1. Requisition summonses from issuing agency. NOTE: To requisition summonses, the following agencies will be contacted: Parking Summonses (A): Moving Summonses (B): Criminal Court Summonses (C): Department of Finance Bush Terminal 167 41st Street, Brooklyn TAB Summonses: Transit Bureau Headquarters 130 Livingston Street, 3rd Floor, Brooklyn ECB Summonses: Environmental Control Board 66 John Street,10th Floor, NY, NY 2. Safeguard Summonses. 3. Inspect summonses to ensure: a. Quantity is correct b. Summonses are intact and in numerical order. 4. Return summons packets with irregularities to issuing agency with report on OFFICIAL LETTERHEAD (PD158-151). 5. Ensure packets of summonses are recorded on SUMMONS DISTRIBUTION CARD (PD160-143) and/or TAB summonses on TAB/NOTICE OF VIOLATION DISTRIBUTION CARD (PD160-148). a. Ensure first and last number of each packet is entered in first column. 6. Designate appropriate receptacle within secure location and under the direct control of the desk officer (e.g., property room, etc.) for storage of served summonses. WHEN A UNIFORMED MEMBER OF THE SERVICE REQUIRES ADDITIONAL SUMMONSES: UNIFORMED MEMBER OF THE SERVICE 7. Request summonses from desk officer/distributing supervisor as follows: a. Parking summonses and CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146) b. ECB, Moving, Criminal Court summonses and CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145). c. TAB summonses and CERTIFICATION OF TAB/NOTICE OF VIOLATION SERVED (PD160-147). DESK OFFICER/DISTRIBUTING SUPERVISOR 8. Utilize Electronic Summons Tracking System (ESTS) to determine if member of the service has any previously distributed unused summonses. a. Certify, by visual inspection, summonses listed in ESTS as previously distributed and unused b. Notify Internal Affairs Bureau and obtain Log Number, if uniformed member concerned cannot produce listed summonses c. Determine necessity of distributing additional summons to uniformed member. 9. Utilize bar code reader to scan each summons being distributed to uniformed member of the service into the (ESTS). a. If bar code reader is inoperable, entries will be made into ESTS manually b. Notify patrol borough or transit borough of defective/inoperable bar code reader and obtain replacement c. Enter notification in Telephone Record. 10. Distribute summons packets in numerical order. a. Ensure Department sticker WARNING! ENFORCEMENT OF PENAL LAW SECTION 240.35 "LOITERING" SUBSECTIONS (1), (3), AND (7) IS STRICTLY PROHIBITED (PD160-130) is placed on the front of each Criminal Court summons packet prior to distribution. 11. Have member receiving packet acknowledge receipt on SUMMONS DISTRIBUTION CARD and/or TAB/NOTICE IF VIOLATION DISTRIBUTION CARD. UNIFORMED MEMBER OF THE SERVICE 12. Examine summonses to ensure that packet contains twenty summonses and/or TAB packet contains twenty five summonses which are consecutively numbered. 13. Sign for summonses on SUMMONS BOOK DISTRIBUTION CARD and/or TAB/NOTICE OF VIOLATION DISTRIBUTION CARD. NOTE: Separate SUMMONS BOOK DISTRIBUTION CARDS will be maintained for Parking, ECB, Moving or Criminal Court summonses. CERTIFICATION OF TAB/NOTICE OF VIOLATION SERVED CARDS will be maintained for TAB summonses. 14. Sign and deliver completed CERTIFICATION OF PARKING SUMMONSES SERVED, CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED and CERTIFICATION OF TAB/ NOTICE OF VIOLATION SERVED with appropriate copies of each summons served to clerical staff, after all summonses in packet have been served. 15. Deliver unused summonses and CERTIFICATION, with appropriate copies of each summons served, to desk officer/distributing supervisor of command where summons packet(s) were issued, when transferred or separated from the Department. DESK OFFICER/DISTRIBUTING SUPERVISOR 16. Utilize bar code reader to scan unused summonses returned by uniformed member of the service into ESTS. a. If bar code reader is inoperable, entries will be made into ESTS manually b. Notify patrol borough or transit borough of defective/inoperable bar code reader and obtain replacement. c. Enter notification in Telephone Record d. Notify Internal Affairs Bureau and obtain Log Number, if a summons is missing. (1) Notify integrity control officer (ICO) immediately, when a summons is missing. (2) If ICO is not available, notify commanding/executive officer. 17. Forward unused summonses and CERTIFICATION, with appropriate copies of each summons served, to commanding officer/designee as per A.G. 309-02, "Return of Summons Packet." UNIFORMED MEMBER OF THE SERVICE 18. Notify commanding officer without delay, when a summons is damaged. NOTE: Uniformed members not ordinarily required to carry summonses, or temporarily assigned to enforcement duty which may require serving a summons will obtain a sufficient number of summonses from the command where temporarily assigned. Unused summonses will be returned at end of assignment. WHEN A UNIFORMED MEMBER OF THE SERVICE ISSUES A SUMMONS AND DELIVERS REMAINING COPIES TO COMMAND FOR RECORDING: 19. Deliver remaining copies of summons(es), intact, direct to desk officer at end of tour on date of issuance. NOTE: Uniformed members of the service must hand deliver all summonses served, direct to the desk officer for scanning into ESTS. Under no circumstances will a member of the service deposit a summons directly into the receptacle designated for storage of served summonses. DESK OFFICER 20. Examine entries on summonses for accuracy, completeness and legibility. 21. Utilize bar code reader to scan all summonses served into ESTS. a. If bar code readers inoperable, entries will be made into ESTS manually b. Notify patrol borough or transit borough of defective/inoperable bar code reader and obtain replacement c. Enter notification in Telephone Record. NOTE: Desk officers are responsible to ensure all summonses received during their tour of duty are entered into ESTS, prior to the completion of their tour. 22. Detach court copy of summons(es) and place the remaining copies of the summons(es) in the summons receptacle designated by the commanding officer. 23. Scan precinct cover sheet, printed from Summons Menu in OMNIFORM, utilizing the network scanner located at the desk. 24. Place the court copy of summons(es) into the network scanner and scan copy. NOTE: The network scanner can be loaded with approximately fifty summonses simultaneously, if needed. As each court copy of the summons is fed through the network scanner,a digital picture of both sides of the court copy will be taken. The digital picture will be kept on file for future reference. Members are reminded that prior to scanning summonses, a precinct cover sheet must be scanned first. 25. Place the court copy of summons into the summons receptacle upon completion of the scan. NOTE: The court copy and additional copies of the summons previously placed into the summons receptacle DO NOT have to be reattached to each other. 26. Do NOT forward any summons returnable to Criminal Court if improperly prepared. 27. Process improperly prepared summonses as follows: a. Invalid return date listed - void summons in accordance with P.G. 20918,"Summons Served or Prepared in Error." b. Criminal Court " Information" section left blank or unsigned, or summons written for marijuana offense is not accompanied by MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (PD381-145) - place in a separate envelope marked "Training Sergeant" and forward direct to command's training sergeant. NOTE: MEMBERS WILL NOT MAKE ANY MODIFICATIONS TO SUMMONSES OTHER THAN CORRECTING THE ERRORS LISTED ABOVE. Under no circumstances will a modification be made to a summons that will result in the court or agency copies having different information than the defendant's copy. ALL SUMMONSES MUST BE CORRECTED AND RETURNED BY THE FOLLOWING BUSINESS DAY. TRAINING SERGEANT 28. Re-train issuing member of the service in proper preparation of summons returnable to the Criminal Court in accordance with pertinent command level materials and instruct issuing member to: a. Properly prepare and sign "Information" section on rear of summons and re-submit for processing b. Complete the MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT if a marijuana offense is involved c. Immediately re-submit summons with MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (if required). DESK OFFICER 29. Utilize bar code reader to scan re-submitted summonses into ESTS. a. If bar code reader is inoperable, entries will be made into ESTS manually b. Notify patrol borough or transit borough of defective/inoperable bar code reader and obtain replacement c. Enter notification in Telephone Record. INTEGRITY CONTROL OFFICER 30. Ensure that warrant checks were conducted. 31. Monitor "ICO Ageing Report," via ESTS, monthly. a. Conduct immediate investigation if any uniformed member is listed on report. NOTE: The ICO Ageing Report displays all summonses distributed to members of the service and not served for ninety days or more. 32. Perform monthly self-inspection of ESTS to ensure all summonses are accounted for. 33. Generate and review exception report via ESTS, weekly. a. Notify Internal Affairs Bureau and obtain Log Number, if discrepancy is found. 34. Monitor on a weekly basis the "Scanned Summons Analysis" report by utilizing the Omniform System, under the "Supervisor" function of the Summons Menu. a. Ensure all summonses are being scanned into the network scanner, including the cover sheet. DURING FIRST PLATOON: DESK OFFICER/SUPERVISOR FIRST PLATOON 35. Separate summonses by date of service for each adjudicating agency. 36. Count number of summonses returnable to each agency. 37. Separate Complaint/Information (Part 1) from remainder of summons. a. Photocopy MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT and file at command b. Ensure that any summons prepared for a marijuana offense has a MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT attached to it with a paper clip. 38. Utilize bar code reader to scan summonses served into ESTS and package in lots of one hundred (100) or less. a. If bar code reader is inoperable, entries will be made into ESTS manually b. Notify patrol borough or transit borough of defective/inoperable bar code reader and obtain replacement c. Enter notification in Telephone Record. 39. Query ESTS by utilizing "Exception Reports (Served but Not Batched)" function, after all summonses have been scanned, batched and processed, and confirm that all summonses have been processed as required. NOTE: If a summons remains on the Exception Report (Served but Not Batched)", it shall be deemed missing. a. Notify Internal Affairs Bureau and obtain Log Number, if a summons is missing. b. Notify ICO immediately, regarding missing summons (1) If ICO is not available, notify commanding/executive officer. c. Account for missing summons within ESTS by utilizing "Terminate/Void Summons" function and enter Internal Affairs Bureau Log Number into "Notes" field as a reference. (1) Comply with P.G. 209-18, "Summons Served or Prepared in Error." NOTE: This process will purge the missing summons from the exception Report (Served but Not Batched) only. The summons number and history will remain in ESTS. 40. Place Complaint/Information copies of summonses in pre-printed envelopes. 41. Print transmittal report via ESTS and attach to pre-printed envelopes containing Complaint/Information copies of summonses served. NOTE: Envelopes are pre-printed and colored for each adjudicating agency. 42. Seal envelopes, make required entries as per captions and sign in appropriate space on flap of each envelope. a. Enter ESTS generated tracking number below flap on envelope. 43. Place remaining parts of summonses served in a separate Department envelope and mark "File." a. Envelope will not be sealed. 44. Forward sealed envelopes containing Complaint/Information copies of summonses served with attached transmittal report to borough office/ designated command with morning mail. COMMAND INTEGRITY CONTROL OFFICER 45. Confirm notification was made to Internal Affairs Bureau and a Log Number was obtained for missing summons. 46. Ensure first platoon desk officer/supervisor has made proper entries into ESTS for missing summons, including Internal Affairs Bureau Log Number. 47. Notify commanding/executive officer of missing summons. COMMANDING OFFICER/EXECUTIVE OFFICER 48. Confirm notification was made to Intern al Affairs Bureau and a Log Number was obtained for missing summons. 49. Ensure missing summons was terminated/voided in ESTS and the System has been updated to reflect Internal Affairs Bureau Log Number. 50. Ensure P.G. 209-18, "Summons Served or Prepared in Error" is complied with. CLERICAL MEMBER 51. File envelope with command file copies of summonses served in command by date of service in command record room. 52. Maintain file copies of summonses served for six months. 53. Remove file copies after six months and retain in storage cartons in command record room. NOTE: Summons served by outside agencies will continue to be processed by the Department. However, such summonses will not be scanned/entered into ESTS. Summonses served by outside agencies will be placed in a separate envelope marked "Outside Agency" and forwarded as delineated above. WHEN SUMMONSES ARE RECEIVED AT PATROL BOROUGH OR TRANSIT BOROUGH FROM COMMANDS MEMBER OF THE SERVICE ASSIGNED 54. Open envelopes and utilize bar code reader to scan each summons contained therein into ESTS. a. If bar code reader is inoperable, entries will be made into ESTS manually b. Notify Management Information Systems Division (MISD) of defective/inoperable bar code reader and obtain replacement c. Enter notification in Telephone Record. 55. Notify Internal Affairs Bureau and obtain Log Number, if a summons is missing. a. Account for missing summons within ESTS by utilizing "Terminate/Void Summons" function in and enter Internal Affairs Bureau Log Number into "Notes" field as reference. (1) Comply with P.G. 209-18, "Summons Served or Prepared in Error." 56. Query ESTS utilizing "Batch Exception Report" to confirm all batch transmittals have been received. a. Notify Internal Affairs Bureau and obtain Log Number, if a batch transmittal is missing b. Account for each summonses contained within the missing batch transmittal by utilizing: Terminate/Void Summons" function and enter Internal Affairs Bureau Log Number into "Notes" field as reference. (1) Comply with P.G. 209-18, "Summons Served or Prepared in Error." 57. Place scanned summonses and opened envelopes into new pre-printed envelopes. 58. Print transmittal reports via ESTS and attach to pre-printed envelopes. 59. Seal envelopes, make required entries as per captions and sign in appropriate space on flap of each envelope. a. Enter ESTS generated tracking number below flap on envelope. 60. Prepare three copies of SUMMONS ENVELOPE RECEIPT (PD160- 011) for each adjudicating agency and sign in space captioned "Signature of Police Department Officer Forwarding Envelopes." 61. Enclose originals and first copies of SUMMONS ENVELOPE RECEIPT with corresponding adjudicating agency envelopes in borough transfer bag. 62. Lock transfer bag and retain key in borough office. 63. Have morning messenger sign last copy of SUMMONS ENVELOPE RECEIPT and retain in borough office. 64. Direct messenger to deliver transfer bag to: a. New York City Transportation Administration, Parking Violations Bureau, Summons Receiving Unit, 210 Joralemon Street, 2nd Floor, Brooklyn, NY 11201(Yellow Envelope) b. Mail and Distribution Unit, 1 Police Plaza, Room S-74, New York, NY (Blue Envelope) c. New York City Criminal Court, Summons Intake Unit, 346 Broadway, 2nd Floor, New York, NY 10013- (White Envelope) d. Environmental Control Board, Notices of Violations and Hearing, 66 John Street, 10th Floor, New York, NY 10038. e. Transit Bureau Headquarters, Crime Analysis Section, 130 Livingston Street, 3rd Floor, Brooklyn NY 11201. 65. Instruct messenger to obtain receipt on first copy of SUMMONS ENVELOPE RECEIPT and return to borough office. 66. File receipt and destroy copy retained at borough office. ADDITIONAL DATA Under no circumstances will be scanning of summonses be performed by anyone other than the desk officer/distributing supervisor. If a missing summons is found after notification to the Internal Affairs Bureau an after summons was purged from the Exception Report, the desk officer shall notify Internal Affairs Bureau, Command Center immediately and determine if summons can be "Un Voided" within ESTS. The Name of Internal Affairs Bureau notified will be entered in the "Add Summons Follow-up Note" field of ESTS. Processed summons envelopes are not forwarded to Housing Bureau offices for delivery. The designated messenger picks up the summonses "A," "B," "C," and "ECB" directly from each police service area (PSA) and delivers them directly to the appropriate agency. When an adjudicating agency returns a summons because a discrepancy was not resolved, the Investigation Review Section of the Chief of Department's Office will take corrective action and promptly return summons to the agency concerned. The Quality Assurance Division will monitor and evaluate compliance with this Order by incorporating the listed procedural changes into its current command evaluation process of summons integrity and control procedures as listed on Self-Inspection Worksheet #826. That Worksheet will be updated to reflect the addition of the ESTS program. During its annual command evaluation process the Quality Assurance Division will access the ESTS program for each command. Information will be obtained from the program to determine the command's compliance with procedures involving the distribution, collection and forwarding of summonses. The evaluation will also include the command's compliance with procedures involving any missing summonses during this process. The updated Self-Inspection Worksheet #826 will be available to all commands via the Department Intranet and be mandated to be completed by each command on a monthly basis. The respective Borough Investigation Units will review the command's completed Worksheets for compliance and accuracy. Additionally, the updated Self-Inspection Worksheet #826 will be added to the list of mandated self-inspections listed on Self-Inspection Worksheet #800, Maintenance of Department Records. Patrol borough and transit borough commands will maintain a sufficient supply of replacement bar code readers for use by subordinate commands. Additional replacement bar code readers may be requested through the Management Information Systems Division (MISD). In those commands with satellite locations, respective commanding officers will designate a supervisor to assume the duties of the desk officer as they relate to the forwarding of summonses for processing, as approved by their borough commander. RELATED PROCEDURES Allegations of Corruption and Other Misconduct Against Members of the Service (P.G. 207-21) Conditions of Service (P.G. 209-01) Quality Control Procedures for the Processing of Summonses Returnable to Criminal Court (P.G. 209-06) Personal Service of a Summons Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Environmental Control Board Notice of Violation and Hearing - General Procedure (P.G. 209-12) Summons Served or Prepared in Error (P.G. 209-18) Return of Summons Packet (A.G. 309-02) FORMS AND REPORTS OFFICIAL LETTERHEAD (PD158-151) SUMMONS DISTRIBUTION CARD (PD160-143) CERTIFICATION OF MOVING/CRIMINAL COURT SUMMONSES SERVED (PD160-145) CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146) CERTIFICATION OF TAB/NOTICE OF VIOLATION SERVED (PD160-147) TAB/NOTICE OF VIOLATION DISTRIBUTION CARD (PD160-148) SUMMONS VOIDANCE FORM (PD160-153) MARIJUANA SUPPORTING DEPOSITION/FIELD TEST REPORT (PD381-145) SAMPLE CRIMINAL COURT SUMMONS INFORMATIONS (PD260-211) SUMMONS ENVELOPE RECEIPT (PD160-011) WARNING! ENFORCEMENT OF PENAL LAW SECTION 240.35 "LOITERING" SUBSECTIONS (1), (3), AND (7) IS STRICTLY PROHIBITED (PD160-130) Self-Inspection Worksheet # 800 Self-Inspection Worksheet # 826 Prisoners P.G. 210-01 Prisoners General Procedure Date Effective: 08/01/13 PURPOSE To safeguard prisoners in police custody. DEFINITIONS HOLDOVER PRISONER - a prisoner who has entered the court process but has not yet been arraigned and has been returned to police custody for overnight detention. PRISONER SECURITY GUIDELINES - all prisoners while in the custody and control of personnel from this Department will be searched on their entry and exit from any police, detention, district attorney, or court facility. Prisoners being transported from any location, not included above, will be searched prior to departure from the location and upon arrival at the transport destination. The searches will be conducted as per the guidelines set forth in P.G. 208-05, "Arrests - General Search Guidelines" (see ADDITIONAL DATA). The ranking officer supervising the transport of a prisoner(s) and all supervising officers and borough court section supervisors will ensure that this procedure is strictly adhered to. PROCEDURE When prisoners must be detained in Department detention facilities or transported to courts or other facilities: DESK OFFICER 1. Request borough court section concerned to assign cell space and determine method of transportation to an activated detention facility giving: a. Name, gender, and physical condition of prisoner b. Precinct of arrest and arrest number c. Status of processing d. Next destination of prisoner (e.g., photo, court, etc.) 2. Notify borough court section concerned if prisoner must be detained for a brief period of time in a detention facility not activated by borough court section concerned, giving: a. Reason and amount of time prisoner is to be lodged b. Charge against prisoner c. Name, gender, and age of prisoner. 3. Comply with instructions given by borough court section concerned. 4. Make Command Log entry of facts and instructions received. 5. Have appropriate entries made on PRISONER ROSTER (PD244-145) if prisoner detained. 6. Assign police attendant to temporary duty within cellblock. a. If a prisoner is placed in a cell alone because he/she threatens or fights with another prisoner(s), is causing disruption, or for any other reason, ensure that a member of the service will continue to monitor that prisoner closely. 7. Record any change of custody in Command Log. DESK OFFICER/ BOROUGH COURT SECTION SUPERVISOR 8. Permit prisoner to be interviewed by the following properly identified persons when on official business: a. Supervisory officer of this Department b. Member of Detective Bureau or detective squad c. District Attorney or representative d. Chief Medical Examiner or representative e. Prisoner's legal representative (in precinct/district/PSA, interview is conducted in muster room ONLY; in borough court section, interview is permitted in location designated by borough court section supervisor) f. Official of a City department, if prisoner is an employee of that department g. Federal law enforcement officer h. Member of the clergy (upon request by prisoner) i. New York State Division of Parole officers to serve parole violation papers j. Foreign Consulate/Embassy Officers. 9. Enter the following information under "Details" on ARREST REPORT SUPPLEMENT (PD244-157) when an attorney interviews a prisoner at precinct, district, PSA, or borough court section: a. Name, address, and telephone number of attorney b. Name and address of person who retained attorney c. Whether the prisoner was interviewed d. Time arrived and departed from the stationhouse/borough court section. 10. Permit parents or legal guardian to visit a prisoner between the ages of sixteen and twenty-one, for not longer than fifteen minutes, in the muster room, provided: a. Detective squad commander, arresting officer, or, if visit is at other than precinct of arrest, desk officer, precinct of arrest is consulted b. Visit is in presence of desk officer/borough court section supervisor c. Prisoner has been detained more than four hours d. Prisoner is not eligible for a summons e. Visit does not interfere with police business. 11. Enter name, address, and relationship of person visiting prisoner on ARREST REPORT - SUPPLEMENT. a. If the interview occurred at a location other than the precinct of arrest or borough court section, facts relating to the visit will be telephoned to the desk officer, precinct of arrest, who will have all pertinent details entered under "Details" on ARREST REPORT - SUPPLEMENT. 12. Advise prisoner of availability of clergy whenever it appears prisoner is despondent, confused, or likely to commit suicide. 13. Permit prisoner to make use of telephone privileges declined during arrest process. 14. DO NOT confine female prisoner with a nursing baby in a cell. a. Assign female police attendant or female uniformed member of the service, if available within command, as guard. 15. Have child delivered to responsible member of family or to a hospital, if mother unable to provide care. PRISONERS BEING TRANSPORTED 16. Assign escort officer(s) to guard prisoner(s) being transported to detention facilities. a. Assign member of outgoing platoon, at change of tour, to guard and transport prisoner(s) if assignment of escorting officer would result in overtime. b. Assign separate escort officer(s) to prisoner(s) having different destinations (e.g., female cells, hospital, etc.). 17. Assign additional escort officer(s) when: a. More than two prisoners being guarded and transport chains are not available, OR b. More than nine prisoners being transported by transport chains, OR c. Several detention stops are involved, OR d. More than one prisoner with different destinations. e. Prisoner is designated "high risk" escape threat. (see ADDITIONAL DATA statement under heading, " 'HIGH RISK' PRISONERS"). ESCORTING OFFICER 18. Rear cuff all prisoners or place on transport chains if appropriate, before leaving cell block. a. Secure loose ends of chain when less than five prisoners are secured on chain. b. Double lock transport chain cuffs. c. For better control, physically hold prisoner OR hold chain linking handcuffs, as circumstances dictate. DESK OFFICER/ BOROUGH COURT SECTION SUPERVISOR 19. Closely supervise the removal of all prisoners from the precinct. 20. Determine if prisoner is a potential escape risk after conferring with arresting officer. a. Place leg restraints on prisoner prior to transport if it is determined prisoner is a potential escape risk, OR prisoner refused to be fingerprinted, OR prisoner is being transported to a hospital for medical treatment. 21. Ensure that attendant places prisoners on transport chains before leaving cell block. a. Escorting officers may use transport chains or handcuffs when escorting one or two prisoners; more than two prisoners, transport chains must be used. b. Make certain transport chains are in double lock mode, when utilized. 22. Step from behind the desk and personally check that all prisoners are secured to transport chains or rear handcuffed, if appropriate, when prisoners are being removed. 23. Utilize available command personnel to assist attendant and escorting officers loading prisoners onto patrolwagon. 24. Ensure that members of the service are alert and properly positioned to prevent escape. 25. Have attendant, or escorting officer, if attendant not available, prepare PRISONER TRANSPORT DISPATCH (PD171-132). a. If more than one prisoner, and different destinations involved, separate DISPATCH will be prepared for each destination. ESCORTING OFFICER 26. Obtain both copies of PRISONER TRANSPORT DISPATCH from attendant and comply with instructions. 27. Ride in transporting vehicle and keep prisoners under constant surveillance while transporting to court, etc. 28. Deliver prisoner(s) to assigned detention facility. 29. Assist attendant in searching and placing prisoner in cell. POLICE ATTENDANT 30. Conduct complete search of prisoner (see P.G. 208-05, "Arrest - General Search Guidelines"). 31. Lock prisoner in cell. 32. Make entries on PRISONER ROSTER and file at desk when completed. DESK OFFICER/BOROUGH COURT SECTION SUPERVISOR 33. Periodically conduct personal inspection of prisoner noting their condition and document the inspection under the "Remarks" caption on the PRISONER ROSTER. ESCORTING OFFICER 34. Deliver prisoner's fingerprints to appropriate borough court section facility if prisoner is not printed on Livescan. DESK OFFICER, PRECINCT OF ARREST 35. Obtain original copy of PRISONER TRANSPORT DISPATCH from escorting officer and file chronologically. DESK OFFICER, PRECINCT OF DETENTION 36. Keep all cell doors and other doors leading into cellblock area locked if cells have not been activated. 37. Make entry in Command Log and notify an available supervisory officer to inspect cellblock when informed that command's cells are activated. 38. Assign police attendant. SUPERVISORY OFFICER CONCERNED 39. Observe opening of detention area. 40. Inspect each cell to ascertain that cells are clean and free of unauthorized items. 41. Make Command Log entry indicating time the first prisoner lodged and condition of cells. HOLDOVER PRISONERS IN ADDITION TO OTHER REQUIRED ACTION LISTED ABOVE DESK OFFICER, PRECINCT OF DETENTION 42. Assign member(s) to escort prisoners to court. 43. Direct escorting officer to complete captions and sign PRISONER ROSTER when prisoner is removed from cell. 44. Review PRISONER ROSTER for accuracy and completeness. 45. Initial PRISONER ROSTER next to "Time of Admission" column for each prisoner removed. POLICE ATTENDANT 46. Prepare PRISONER TRANSPORT DISPATCH listing all prisoners having same destination. a. Prepare separate DISPATCH form for each destination. ESCORTING OFFICER 47. Verify prisoner placed on transport chains are same as listed on DISPATCH and take "head count." 48. Deliver prisoners to holding pen at destination. 49. Return to command for assignment or proceed to original destination, as appropriate. ADDITIONAL DATA "HIGH RISK" PRISONERS Determinations as to whether a particular prisoner presents a potential escape risk should be made on a case-by-case basis. Factors that can be considered in making this determination include the seriousness of the offense charged, prisoner unwillingness to identify himself or herself, forcible resistance to arrest, threats of violence and/or escape threats directed at uniformed members of the service, a known history of violence, weapons possession, or escape/attempted escape. USE OF LEG RESTRAINTS The use of leg restraints does not replace the requirement to rear handcuff the prisoner. All procedures detailing the use of handcuffs remain in effect. When using leg restraints on a prisoner, the escorting officer is to exercise caution to prevent the prisoner from falling. Leg restraints MUST be used when transporting a prisoner that has refused to be fingerprinted and for ALL prisoners being transported to a hospital for medical treatment. If the desk officer determines that extenuating circumstances exist that preclude placing leg restraints on a prisoner that has refused to be fingerprinted or is being removed to a hospital for medical treatment, a Command Log entry will be made detailing the reason why. Leg restraints may not be placed on prisoners for "punitive" purposes. Determinations as to whether a particular prisoner presents a potential escape risk should be made on a case by case basis. Factors that can be considered in making this determination include the seriousness of the offense charged, prisoner unwillingness to identify himself or herself, forcible resistance to arrest, threats of violence and/or escape threats directed at police officers, known history of violence, weapons possession or escape/attempted escape. ACTIVATION OF DETENTION FACILITIES Borough court section concerned activates detention facilities, assigns cell space, and determines method of transportation for EVERY prisoner scheduled for detention or change of custody (i.e., to court, hospital) even though precinct of arrest has cells. Refer to P.G. 210-17, "Arrest Processing of Pre-Arraignment Prisoners Designated as 'Special Category'" and/or P.G. 203-10, "Public Contact - Prohibited Conduct," subdivision "a" following step "1", regarding gender, if necessary. CITIZEN'S POLICY AND COMPLAINT REVIEW COUNCIL Members of the Citizen's Policy and Complaint Review Council are permitted to enter and inspect precinct detention cells and any books or records pertaining to these cells at any and all times. ARREST OF LIMITED ENGLISH PROFICIENT OR HEARING IMPAIRED PERSONS Members of the service are reminded that if the prisoner appears to have difficulty understanding/communicating in English, the member of the service concerned should comply with P.G. 212-90, "Guidelines for Interaction with Limited English Proficient (LEP) Persons." If the prisoner appears to be hearing impaired, the member of the service concerned should comply with P.G. 212-104, "Interaction with Hearing Impaired Persons." The use of a bilingual employee or the Language Initiative Program is the preferential method for interpretation when interacting with a prisoner. It is recommended that certified members of the Language Initiative Program be used for custodial interrogations. Appropriate Command Log entries will be made when interpretation services are utilized. PRISONER CONFLICTS Whenever an arresting officer/investigator becomes aware that there is the need to separate two or more defendants from one another due to threats made by one defendant to another, or due to the potential for one defendant to assault another, a notation will be made at the bottom of each defendant's Prisoner Movement Slip in the "Detention Alert" section under the caption "Other (Explain)." The notation must contain the name and arrest number of the other defendant involved, as well as an indication as to why separation is deemed necessary (e.g., prisoner had a fight with the other prisoner, prisoner was threatened by other prisoner). If separation is required for confidential or sensitive reasons, such as one prisoner testified against another, enter the name and telephone number of the arresting officer/assigned investigator so that further information can be obtained if necessary, rather than entering the actual reason for the separation. (If detention personnel are unable to contact the arresting officer/assigned investigator for further information, they will continue to keep the affected prisoners separated from one another). In the event that an arrest processing officer or escorting officer becomes aware that a conflict exists between prisoners requiring their separation, the officer must: a. Inform the arresting officer/assigned investigator of the circumstances in order that the latter may make entries on the Prisoner Movement Slips, OR b. Personally make entries on the Prisoner Movement Slips which must then be brought to the attention of the court section personnel for entry on the courthouse generated movement slips. The information entered on the Prisoner Movement Slip prepared at the precinct must also be entered on the computerized movement slip generated at the courthouse when the prisoner is photographed. In addition to the notation on the movement slip, the arresting officer/assigned investigator/escorting officer will notify the concerned borough court section supervisor. Members of the service assigned to prisoner detention functions at a command and at the courthouse must examine and be guided by the information contained in the "Detention Alert" caption on each Prisoner Movement Slip in regard to separating prisoners, etc." MONTHLY DETENTION CELL REPORT All commands with detention cells will forward monthly report on Typed Letterhead addressed to the Chief of Department (attention: Strategic Analysis Section), no later than the 15th day of the month listing the number of male and female prisoners detained during the previous month. Negative reports are required. HANDCUFFING PROTOCOL The Department's policy is to handcuff all prisoners with hands behind their back. When a prisoner has surrendered accompanied by an attorney, the authorization from an immediate supervisor and uniformed member criteria: at a law enforcement facility and is uniformed member of the service may request supervisor not to use handcuffs, after the of the service have evaluated the following a. Potential threat to the officer, prisoner and other persons b. Possibility of the prisoner escaping. In all circumstances, uniformed members of the service should conduct a search of the prisoner. PRISONER SECURITY SURVEY To promote safety for members of the service and improve prisoner security, a prisoner security survey will be conducted annually during the last week of September, in all Department facilities where prisoners are processed. Commanding officers will make certain that prisoners being processed will not be allowed in areas containing Department lockers, or have access to any Department or personal property that might provide a means of escape or cause injury. The prohibition against prisoners being held, even temporarily, in areas containing Department lockers or of prisoners having access to Department or personal property of members shall be strictly enforced and clearly and frequently communicated to all members of the command by commanding officers concerned. Commanding officers will report the results of the annual prisoner security survey, by September 30th, each year, on Typed Letterhead, addressed to the bureau chief concerned, through channels. Included in the report will be a description of prisoner processing areas, hazards or deficiencies observed and corrective action taken. Investigative units located in precinct stationhouses will be surveyed by the precinct commander in consultation with the investigative unit commander. Results will be reported on the precinct commanding officer's report. NO duplicate report is required from the investigative unit commander but responsibility for corrective actions will reside with the unit commander. Bureau chiefs will review the prisoner security survey reports received from subordinate commands. The reports will be forwarded to the Strategic Analysis Section, Office of the Chief of Department, with a covering Typed Letterhead, indicating that corrective action has been initiated or completed, if required. The Strategic Analysis Section is responsible for collating the reports received from bureau chiefs and providing administrative assistance to the Prisoner Security Board. PRISONERS AND VICTIMS WITH COMMUNICABLE DISEASES Information concerning a prisoner's or a victim's affliction with a communicable disease must be kept confidential. This information generally should not be released to the public, the media, the person's family and friends, or to other prisoners. There may be unusual circumstances under which release of this information is warranted. Any such release, however, may only be made with the written consent of the Deputy Commissioner, Legal Matters. In some cases, prisoners may volunteer their positive status regarding a communicable disease indicating the need to be segregated from general prisoner population or the need for medical treatment. In such cases, isolation cells should be used, if available. This information may be recorded on a Prisoner Movement Slip or on form MEDICAL TREATMENT OF PRISONER (PD244-150) in order to alert personnel assigned to Corrections, District Attorneys' offices or courts. Members of the service who are exposed to a communicable disease should follow the provisions of P.G. 205-10, "Exposure of Members of the Service to Infectious Diseases." DISRUPTION IN CELL AVAILABILITY In those instances where there is a substantial disruption in the availability of detention cells, at either a command or a borough court section facility, caused by a civil or natural emergency, or disturbance, or any other circumstance which would deny the use of the cells, the commanding officer/duty captain investigating the incident will ensure that a telephone notification is made to the borough court section. An UNUSUAL OCCURRENCE REPORT (PD370-150) describing the incident will be faxed to the borough court section concerned. A copy of this REPORT will be forwarded to the Criminal Justice Bureau. The Criminal Justice Bureau will make the determination as to whether a notification is to be made to the New York State Commission of Corrections. RELATED PROCEDURES Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Prisoner Meals (P.G. 210-06) Unusual Occurrences Involving Prisoners (P.G. 210-07) Guidelines For Prisoner Holding Pens (P.G. 210-08) FORMS AND REPORTS ARREST REPORT - SUPPLEMENT (PD244-157) MEDICAL TREATMENT OF PRISONER (PD244-150) PRISONER ROSTER (PD244-145) PRISONER TRANSPORT DISPATCH (PD171-132) Typed Letterhead UNUSUAL OCCURRENCE REPORT (PD370-150) P.G. 210-02 Hospitalized Prisoners Date Effective: 08/01/13 PURPOSE To safeguard hospitalized prisoners arrested by uniformed members of the service. SCOPE The responsibility for guarding hospitalized prisoners arrested by uniformed members of the service assigned to the Transit Bureau or Housing Bureau will rest with the district or police service area within which the hospital is located. When a prisoner is likely to be admitted, the arresting/assigned officer will make an immediate telephone notification to that district or police service area, requesting that a relief officer be provided by that command. The desk officer, precinct of hospitalization, may provide a uniformed member of the service to guard prisoner temporarily in multiple arrest cases, if arresting officer is required to process other prisoners. Such coverage shall not exceed one tour. PROCEDURE When prisoner in custody is admitted at a hospital: ARRESTING/ GUARDING OFFICER 1. Notify desk officer, precinct of arrest. 2. Request desk officer of precinct where hospital is located to provide relief. 3. Remain with prisoner until relieved. ARRESTING OFFICER 4. Search prisoner at hospital in presence of witnesses if prisoner was removed from scene of arrest direct to hospital. a. Search prisoner's personal clothing, after removal by hospital personnel, for weapons, evidence or contraband. NOTE: Prisoners should be searched in accordance with P.G. 208-05, "Arrests - General Search Guidelines." If a uniformed member of the appropriate gender is not available, have hospital personnel carefully search prisoner. 5. Give hospital authorities receipt for property received. 6. Enter in ACTIVITY LOG (PD112-145) list of property removed and any information necessary to process arrest. 7. Report to precinct of arrest or designated arrest processing facility to continue arrest processing when relieved by guarding officer. a. If prisoner has not been printed, prepare fingerprint charts, if required. 8. Deliver the following property to desk officer, precinct of arrest or designated arrest processing facility: a. Unlawfully carried b. Required as evidence c. Lawfully carried but dangerous to life or would facilitate escape d. Can be used to deface or damage property e. Press Card issued by this Department. (Forward to Deputy Commissioner Public Information with report of facts). f. NYPD Auxiliary Police shield/I.D. card. (Forward to Auxiliary Police Section with report of facts). g. Pistol license. (Forward to Commanding Officer, License Division, with report of facts). h. Itemized list of personal property except clothing which is retained by the hospital. DESK OFFICER, PRECINCT OF ARREST 9. Direct preparation of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), and generate arrest number through the OMNIFORM computer system. 10. Notify the concerned borough court section supervisor that prisoner has been removed to hospital and make Telephone Record entry. Notification should include: a. Prisoner's name b. Prisoner's arrest number c. Date and time prisoner removed to hospital d. Whether prisoner had been fingerprinted and Fax Control Number, if applicable e. Hospital admission number, if applicable. 11. Direct uniformed member of the service to deliver copy of ON-LINE BOOKING SYSTEM ARREST WORKSHEET and fingerprint and palmprint charts, if appropriate, to desk officer of precinct in which hospital is located. 12. Direct guarding member to follow P.G. 208-30, "Desk Appearance Ticket Hospitalized Prisoner," if prisoner is eligible. 13. Follow P.G. 210-05, "Bedside Arraignment," if prisoner not eligible for a DESK APPEARANCE TICKET. DESK OFFICER, PRECINCT OF HOSPITALIZATION 14. Ascertain if hospital has a Department of Correction prison ward, and whether prisoner can be lodged at that location. a. Make entry of inquiry in Telephone Record. b. If prisoner admitted to prison ward, comply with P.G. 210-05, "Bedside Arraignment," steps "22" through "25". 15. Assign uniformed member of the service, male or female, to guard prisoner. a. Do not assign a member from an outside precinct to guard a hospitalized prisoner. b. Assign member in civilian clothes to guard juvenile. c. Ensure that appropriate reliefs are provided to uniformed members of the service guarding prisoners. 16. Have a duplicated copy of ON-LINE BOOKING SYSTEM ARREST WORKSHEET and fingerprint and palmprint charts, if appropriate, delivered to guarding member. 17. Make continuous effort to have Department of Correction assume custody, if hospital has a Department of Correction prisoner ward. PATROL SUPERVISOR 18. Respond to hospital when informed prisoner is to be admitted. 19. Examine hospital room for escape potential, i.e., windows, doors, possible access by unauthorized individual, etc. a. Request prisoner be moved to more secure quarters, if room is inadequate for security. b. Instruct member guarding prisoner regarding: security measures, visits by authorized persons, handcuffing of prisoners and to be constantly vigilant (see ADDITIONAL DATA). 20. Report lack of cooperation of hospital personnel to commanding officer. 21. Make appropriate entries in ACTIVITY LOG. GUARDING MEMBER 22. Keep prisoner under constant observation, even if the prisoner is handcuffed to the hospital bed, to prevent escape at all times. 23. Prevent unauthorized articles from being passed to prisoner. 24. Keep desk officer, precinct of hospitalization, informed of condition of prisoner. 25. Make periodic security inspection of prisoner's immediate area including closets, bathroom, etc., for weapons or other contraband, especially upon assuming guard post and after authorized visitors or hospital personnel have been with prisoner. 26. Take charge of any room telephone and allow only authorized calls by prisoners. a. Patrol supervisor or desk officer will be conferred with and his/her permission is needed prior to allowing prisoner to use telephone. b. Make entry in ACTIVITY LOG of authorizing supervisor's identity and name, relationship, and telephone number of person called. 27. Permit only the following persons, on official business, to interview prisoner: a. Ranking officer, this Department b. Detective c. District Attorney or representative d. Chief Medical Examiner or representative e. Member of the clergy (if requested by prisoner) f. Parole or probation officer g. Hospital personnel (assigned to treat prisoners) h. Social worker i. Federal law officer j. Supervising officer of other city department if prisoner is employee of that department. 28. Allow the following to visit prisoner: a. Recipient of telegram from hospital superintendent with notification that prisoner is seriously ill. b. Lawyer - if requested by prisoner. c. Member of family, after receiving OFFICIAL LETTERHEAD (PD158-151) from desk officer, precinct of arrest, authorizing visit. Member of family includes "common-law" marriages, same sex couples, registered NYC domestic partners, different generations of the same family, siblings, in-laws, persons involved in "intimate relationships," persons who live together in a family-type relationship, and children sixteen years or over. DESK OFFICER, PRECINCT OF ARREST 29. Authorize visits to prisoner by member of family only under following conditions: a. Application is made in person b. Applicants are properly identified members of family/household (see step "28", subdivision "c") c. Name and address of each person permitted to visit prisoner is listed on authorization d. Each person named in authorization must sign authorization in presence of desk officer e. If visitors are likely to interfere with an ongoing investigation, consult with the investigative supervisor concerned prior to issuing an authorization to visit prisoner. 30. Have uniformed member of the service deliver authorization to guarding member. GUARDING MEMBER 31. Have each person authorized to visit prisoner sign name and address in ACTIVITY LOG. 32. Enter in ACTIVITY LOG, information concerning name, address, and title of visitor. 33. Notify desk officer, precinct of arrest, before end of tour, of identity of all visitors. 34. Deliver copy of ON-LINE BOOKING SYSTEM ARREST WORKSHEET to relieving uniformed member of the service. DESK OFFICER, PRECINCT OF ARREST 35. Prepare ARREST REPORT - SUPPLEMENT (PD244-157) containing information concerning visitors. DESK OFFICER, PRECINCT OF HOSPITALIZATION 36. Notify commanding officer after being informed if prisoner is near death or will be totally incapacitated for a prolonged period of time. COMMANDING OFFICER, PRECINCT OF HOSPITALIZATION 37. Direct investigation to determine: a. Complete details of prisoner's condition b. Complete details of arrest situation and prisoner's history. 38. Decide if guarding of prisoner should be discontinued. 39. Have hospital authorities contacted by telephone each day and make inquiry concerning prisoner's condition, if guard is removed. a. Direct patrol supervisor to visit hospital, as required. b. Have weekly telephone message sent to borough court section concerned, each Wednesday, reporting prisoner's condition. 40. Assign uniformed member of the service to guard prisoner when condition warrants. 41. Have borough court section concerned notified, if prisoner dies, including date and time of death, and name of doctor who issues death certificate. 42. Have member guarding prisoner obtain copy of death certificate and direct desk officer to forward same to Chief Clerk's Office, borough Criminal Court concerned. GUARDING MEMBER 43. Notify desk officer, precinct of arrest, when prisoner's condition permits arraignment. DESK OFFICER, PRECINCT OF ARREST 44. Notify parents or guardian of impending release, if prisoner is under eighteen years of age. a. Make entry in Command Log of notification. ADDITIONAL DATA PERSONNEL SHORTAGES If a precinct experiences a shortage of personnel as a result of guarding hospitalized prisoners, a member from another precinct may be assigned to perform PATROL DUTY. HOSPITAL VISITS BY CIVILIAN-CLOTHED MEMBERS Uniformed members of the service in civilian clothes who are visiting hospitals shall keep all firearms and other weapons concealed, not visible to hospital personnel or visitors and not accessible to prisoners or other unauthorized persons. PRISONER TREATMENT AT PRIVATE HOSPITAL If the prisoner is treated or hospitalized at other than a New York City Health and Hospitals Corporation facility, the desk officer, precinct of arrest, is required to forward a report in a sealed envelope to: New York City Health and Hospitals Corporation, Fiscal Affairs, General Accounting Department. The report will include: a. Name and address of hospital or clinic b. Date and time of treatment or admission c. Name and address of prisoner d. Precinct of arrest - arrest number e. Name of doctor - diagnosis f. When illness, injury started (prior to, during or after arrest) g. Date of discharge. SECURITY PROCEDURES Borough supervisors, duty captains and patrol supervisors will be directed to visit hospital emergency rooms and hospital wards with admitted prisoners frequently to observe the performance and attentiveness of uniformed members of the service assigned to guard prisoners. Supervisors will also evaluate the security of hospital rooms in which prisoners are held. If room security is inadequate, supervisors will request that hospital authorities transfer the prisoner to a more secure room. If the prisoner cannot be transferred, supervisors shall take whatever additional steps are necessary to ensure security of the prisoner (e.g. assigning an additional member to guard the prisoner, etc.). The Department's policy is to handcuff all hospitalized prisoners to ensure the safety of persons present and prevent escape. However, under certain circumstances, the use of regular handcuffs may be impractical or inexpedient, i.e., prisoner is comatose, paralyzed, last stages of pregnancy, or otherwise immobilized. Furthermore, the use of regular handcuffs may be impractical if the prisoner has arm or wrist injuries, burns, etc. In a further effort to prevent injuries and escape, the Department has purchased long chain handcuffs and leg restraints which will be available for use on hospitalized prisoners. Guarding members, when using long chain handcuffs, will attach one cuff to bed frame and secure other cuff to prisoner. Leg restraints MUST be used when transporting a prisoner that has refused to be fingerprinted. If the desk officer determines that extenuating circumstances exist that preclude placing leg restraints on a prisoner that has refused to be fingerprinted, a Command Log entry will be made detailing the reason why. The use of leg restraints does not replace the requirement to rear handcuff the prisoner. All procedures detailing the use of handcuffs remain in effect. When using leg restraints on a prisoner, the escorting officer is to exercise caution to prevent the prisoner from falling. The patrol supervisor will respond to the hospital and evaluate the situation whenever a prisoner is admitted to a hospital. This evaluation will include a conferral with the attending physician to determine the method of restraint to be used, e.g., handcuffs, long chain handcuffs or leg restraints. The patrol supervisor will notify the desk officer, precinct of hospitalization, with recommendation. In situations where it is determined that the use of regular handcuffs, long chain handcuffs, or leg restraints would be impractical or inexpedient, the desk officer, precinct of hospitalization, has the discretion to authorize that such methods of restraint not be used. However, if condition of the prisoner significantly improves, the patrol supervisor will respond and re-evaluate the situation, confer with the desk officer, precinct of hospitalization, and follow the desk officer's directions regarding handcuffing the prisoner. Patrol supervisors will assess the potential for escape of a hospitalized prisoner. In cases where the escape potential is deemed high, desk officer/patrol supervisor will direct that all uniformed members of the service guarding that prisoner have two sets of handcuffs available. All hospitalized prisoners (EXCEPT those not deemed to have an escape potential) will be handcuffed to the bed with one wrist secured to one side of the bed. To prevent escape, handcuffs are to be double locked, at all times. When it becomes necessary to uncuff the prisoner to allow for medical treatment of the prisoner, the second set of handcuffs will be utilized to cuff the free hand to the bed before uncuffing the first hand. Prisoners should not have both hands cuffed to the bed unnecessarily. Additional sets of handcuffs are kept in precincts that cover hospitals where prisoners are usually admitted (e.g., 71 Precinct for Kings County Hospital). Patrol supervisors and desk officers shall direct that, when one uniformed member's handcuffs are being removed from a prisoner, the second member's handcuffs are placed on the prisoner before the first member's handcuffs are removed. When a prisoner is admitted to the Intensive Care Unit of a hospital, the patrol supervisor will assess the potential for escape. If the prisoner is deemed to have escape potential, the prisoner will be secured to the bed frame utilizing plastic flex cuffs. Plastic flex cuffs do not conduct electricity should medical personnel need to defibrillate the prisoner. RELATED PROCEDURES Desk Appearance Ticket - Hospitalized Prisoner (P.G. 208-30) Hospitalized Prisoners - Arrested by Other Police Agencies (P.G. 210-03) Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Bedside Arraignment (P.G. 210-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ARREST REPORT - SUPPLEMENT (PD244-157) DESK APPEARANCE TICKET (COMPUTER FORM) OFFICIAL LETTERHEAD (PD158-151) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 210-03 Hospitalized Prisoners - Arrests By Members Of Other Police Agencies Date Effective: 08/01/13 PURPOSE To advise other police agencies of the procedure to be followed in guarding hospitalized prisoners arrested by members of their agencies. DEFINITION OTHER POLICE AGENCIES: a. New York City Department of Correction b. New York State Department of Correction c. Uniformed Court Officers d. Port Authority Police e. Metropolitan Transportation Authority Police f. Amtrak g. Sea Gate Police h. F.D.N.Y. (Fire Marshals). [I.O. 40 s 02] i. Department of Environmental Protection. NOTE: Uniformed members of the service of the New York City Police Department will continue to guard hospitalized prisoners arrested by members of the Tri-Borough Bridge and Tunnel Authority Police Department. PROCEDURE When an arrest is effected by a member of another police agency and the prisoner is admitted to a hospital: DESK OFFICER, PRECINCT OF ARREST/BOROUGH COURT SECTION 1. Advise arresting officer that he/she must guard prisoner and notify agency concerned to provide relief so that arrest processing will not be delayed. 2. Notify agency concerned, by telephone, to provide guards around the clock. 3. Record under "narrative" on ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), name and location of hospital and ward or room number. 4. Notify desk officer of precinct wherein hospital located, if hospital located in other than precinct of arrest. DESK OFFICER, PRECINCT OF HOSPITALIZATION 5. Provide uniformed member of the service to guard prisoner temporarily in multiple arrest cases, if arresting officer is required to process/arraign other prisoners. a. Notify agency concerned, by telephone, to provide relief (give location of hospital and room or ward number). b. Make follow-up notification if relief not provided within one hour. 6. Request agency to provide prisoner with transportation to court at time of release from hospital. a. Agency concerned will supply officer to guard prisoner. DESK OFFICER CONCERNED 7. Supply authorization for visits to prisoner as per P.G. 210-02. ADDITIONAL DATA Photographic Unit will photograph prisoners arraigned at bedside by arresting agencies. Similarly, the Identification Section will provide expertise in obtaining fingerprints, if normal means cannot be utilized. Borough court section concerned will provide staff assistance to arresting agency in bedside arraignments, when necessary. RELATED PROCEDURES Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Hospitalized Prisoner (P.G. 210-02) Bedside Arraignment (P.G. 210-05) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 210-04 Prisoners Requiring Medical/Psychiatric Treatment Date Effective: 08/01/13 PURPOSE To obtain medical/psychiatric treatment for prisoners in police custody. DEFINITION PRISONER REQUIRING PSYCHIATRIC TREATMENT - an emotionally disturbed prisoner, who has attempted suicide, is extremely violent, or exhibits other irrational behavior. PROCEDURE When a prisoner in custody requires medical/psychiatric treatment: UNIFORMED MEMBER OF THE SERVICE 1. Request ambulance and remove prisoner to hospital directly from place of arrest, if necessary. a. Accompany prisoner to hospital. b. Make ACTIVITY LOG (PD112-145) entry. (1) Include name of person notified re: Medic Alert Emblem, if worn. (2) Include Ambulance Call Report (ACR) number or Patient Care Report (PCR) number related to the prisoner (obtain from responding ambulance attendant). c. Notify desk officer. SUPERVISOR AT SCENE 2. Ensure that MEDICAL TREATMENT OF PRISONER (PD244-150) form is prepared in accordance with step "4" below and accompanying ADDITIONAL DATA statements under heading, "PREPARATION OF MEDICAL TREATMENT OF PRISONER FORM", when a prisoner is removed from the scene of an arrest direct to a hospital for medical/psychiatric treatment. a. Review and sign Section I of MEDICAL TREATMENT OF PRISONER form. DESK OFFICER, COMMAND OF ARREST/BOROUGH COURT SECTION 3. Request ambulance and have prisoner removed to hospital, if medical/ psychiatric/drug addiction treatment is required during arrest processing (see ADDITIONAL DATA statements under heading, "LIFE-THREATENING MEDICAL SITUATIONS" and "SUSPECTED INGESTION OF NARCOTICS/OTHER DANGEROUS SUBSTANCES"). a. Make Command Log entry. (1) Include name of person notified re: Medic Alert Emblem, if worn. (2) Include Ambulance Call Report (ACR) number or Patient Care Report (PCR) number related to the prisoner (obtained from the responding ambulance attendant). 4. Ensure that MEDICAL TREATMENT OF PRISONER form is prepared for each prisoner who: a. Receives medical/psychiatric treatment, OR b. Refuses treatment after claiming injury or illness, OR c. Is in apparent need of treatment, OR d. May require prescribed medication, OR e. Volunteers his/her positive status regarding a communicable disease, if not documented on Prisoner Movement Slip, OR f. Already has previously treated injuries. 5. Direct, in non-emergency situations, that prisoners requiring medical, psychiatric, or drug addiction treatment, which may result in being admitted to the hospital, be removed to a local hospital for treatment and evaluation. 6. Confer with medical staff at the local hospital. If the medical staff at that hospital determines that the prisoner has a psychiatric condition that requires admission to a hospital, the prisoner will be transferred to the appropriate hospital as determined by medical staff, using only a private ambulance under contract with that local hospital. FDNY Emergency Medical Services ambulances will NOT be used to transport the prisoner. Generally: a. MALE prisoners requiring admission for psychiatric treatment will be transported to Bellevue Hospital. b. FEMALE prisoners requiring admission for psychiatric treatment will be transported to Elmhurst General Hospital. 7. Assign uniformed member of the service to escort prisoner. a. Ensure that appropriate reliefs are provided to uniformed members of the service guarding prisoners. 8. Make entry in Command Log when prisoner leaves. 9. Direct arresting officer to continue arrest processing, and have another uniformed member of the service assigned to escort prisoner, when possible. ARRESTING/ ESCORTING OFFICER 10. Rear cuff and place leg restraints on prisoner before transporting to hospital. a. Handcuffs and leg restraints will be double locked. 11. Remain with prisoner at all times in hospital. 12. Notify the desk officer of prisoner status prior to transport from local hospital to Bellevue or Elmhurst General Hospital. 13. Ride inside the ambulance when accompanying the prisoner to either Bellevue or Elmhurst General Hospital. 14. Make ACTIVITY LOG entry. a. Include name of person notified re: Medical Alert Emblem, if worn. b. Include Patient Identification Number (in place of Ambulance Call Report [ACR] number or Patient Care Report [PCR] number) related to the prisoner (obtained from hospital intake personnel). 15. Notify desk officer, precinct of arrest/borough court section facility, regarding Medical Alert Emblem and Patient Identification number. DESK OFFICER, COMMAND OF ARREST/ BOROUGH COURT SECTION 16. Make Command Log Entry a. Include name of person notified re: Medical Alert Emblem. b. Include Patient Identification Number (in place of Ambulance Call Report [ACR] number or Patient Care Report [PCR] number) related to the prisoner [obtained from hospital intake personnel]. 17. Make the appropriate notation of the prisoner's new location and determine, what, if any, additional resources are needed for the transfer, if a prisoner is transferred from the initial hospital to another hospital for psychiatric treatment. ESCORTING OFFICER 18. Request room change if security is inadequate. 19. Do not remove handcuffs or leg restraints, unless requested by attending phy sician. a. If requested to remove handcuffs or leg restraints, inform physician of circumstances of arrest. b. If physician still requests removal, request the response of the patrol supervisor to evaluate the need for additional personnel and equipment (including Emergency Service Unit) to ensure safety during prisoner treatment prior to removal of handcuffs or leg restraints. 20. Remain immediately outside room and attempt to maintain visual contact even if requested to leave examination room after informing physician of circumstances of arrest. 21. Make appropriate entries of foregoing in ACTIVITY LOG and request attending physician to sign entries. a. Indicate physician's refusal to sign any entries. 22. Complete entries on MEDICAL TREATMENT OF PRISONER form. 23. Notify desk officer, precinct of arrest, who will notify borough court section concerned immediately, if prisoner is admitted to any hospital (see P.G. 210-02, "Hospitalized Prisoners"). 24. Forward copy of ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) to Department of Correction supervisor for any prisoner admitted for psychiatric treatment in Bellevue or Elmhurst General Hospitals. 25. Request borough court section concerned to supply transportation, if available, to return prisoner to command of arrest / borough court section facility, as appropriate, when prisoner is released to police custody. a. Return prisoner to command of arrest if arrest processing not completed thereat. b. Remove prisoner to borough court section facility if arrest processing was completed at command of arrest. 26. Deliver completed MEDICAL TREATMENT OF PRISONER form to desk officer, borough court section facility. DESK OFFICER, BOROUGH COURT SECTION 27. Forward three copies of completed MEDICAL TREATMENT OF PRISONER form (white, blue, and pink) with prisoner to Department of Correction. a. Retain fourth (buff) copy of MEDICAL TREATMENT OF PRISONER form at borough court section facility. 28. Direct arresting/escorting officer to obtain receipt for prisoner on pink copy of form and return to borough court section facility. a. Complete entries on buff copy of form retained at desk and return to command of arrest. b. File pink copy of form at borough court section facility. c. Forward duplicated copy of MEDICAL TREATMENT OF PRISONER to arresting officer's command for file, if different than command of arrest. DESK OFFICER, COMMAND OF ARREST 29. File buff copy of MEDICAL TREATMENT OF PRISONER form in folder maintained at desk. ADDITIONAL DATA PRISONER SECURITY To prevent escape, leg restraints will be placed on ALL prisoners transported to a hospital for medical treatment. If the desk officer determines that extenuating circumstances exist that preclude placing leg restraints on a prisoner that is being transported to the hospital for medical treatment, a Command Log entry will be made detailing the reasons why. All procedures detailing the use of handcuffs remain in effect. When using leg restraints on a prisoner, the escorting officer is to exercise caution to prevent the prisoner from falling. Patrol supervisors and desk officers shall assign additional personnel to accompany arresting officers who remove prisoners to hospitals for treatment, based on the following: a. Type of offense (e.g., violent crime, resisting arrest) b. Physical size of prisoner c. Prisoner's past history, if known (e.g., history of violence, escape attempts) d. Suspected escape opportunity e. Lack of physical signs of injury (e.g., faking injury to attempt escape) In the event the prisoner must be placed in a hospital bed or on a gurney: a. Handcuff prisoner (double locked) to the bed or gurney b. Utilize second pair of handcuffs to handcuff prisoner's free wrist to bed or gurney, before removing first pair of handcuffs for treatment c. Keep prisoner under constant observation, even if prisoner is handcuffed to a hospital bed or gurney, to prevent escape at all times. Supervisors may also consider the assignment of Emergency Service Unit for extraordinary circumstances. Patrol supervisors and desk officers shall direct that long chain handcuffs and leg restraints be used to secure prisoners when appropriate. LIFE-THREATENING MEDICAL SITUATION IN ALL LIFE THREATENING SITUATIONS, APPARENT HEART ATTACK, BREATHING DIFFICULTIES, SERIOUS FRACTURES, SEVERE HEMORRHAGING, EPILEPSY, EXTREME EMOTIONAL DISTURBANCE, ETC., A PRISONER WILL BE REMOVED TO THE NEAREST HOSPITAL. SUSPECTED INGESTION OF NARCOTICS/OTHER DANGEROUS SUBSTANCES When a uniformed member of the service observes or suspects that a prisoner has ingested a narcotic or other dangerous substance, the prisoner will be transported from the place of arrest DIRECTLY to the nearest hospital facility. The uniformed member of the service WILL PROMPTLY notify the communications section dispatcher and the patrol supervisor upon observation or suspicion of ingestion, when transport to hospital is initiated, and upon arrival at the hospital. Emergency Medical Service (EMS) and hospital personnel will be informed of the quantity and type of substance ingested, if known. UNDER NO CIRCUMSTANCES will a prisoner who has ingested a narcotic or other dangerous substance be transported to the command for arrest processing prior to receiving medical treatment. Whenever a member of the Criminal Justice Bureau assigned to a Borough Court Section observes, suspects, is informed of, or otherwise becomes aware that a prisoner in the custody of the Court Section may have ingested a narcotic and/or other dangerous substance and has not already been treated by a doctor for that condition, the member will immediately notify the Borough Court Section desk officer. The Borough Court Section desk officer will make a Command Log entry and arrange for the immediate removal of the prisoner to the nearest hospital emergency room. In those Borough Court Sections where the Emergency Medical Service is situated, the Borough Court Section desk officer will request the assistance of the assigned Emergency Medical Technicians (EMT) regarding the prisoner's medical treatment. However, in all cases where ingestion is suspected, it is the responsibility of the supervisor to ensure that the prisoner is removed to the nearest hospital emergency room for treatment. In all cases, the Borough Court Section desk officer will document the occurrence in the Command Log and direct the preparation of the MEDICAL TREATMENT OF PRISONER form. RELIEF OF ARRESTING OFFICER GUARDING HOSPITALIZED PRISONER In addition, when a prisoner is transported directly from the place of arrest directly to a hospital facility, the desk officer, precinct of arrest, will ensure that the arresting officer is relieved as soon as possible to expedite arrest processing. The arresting officer will comply with P.G. 210-02 "Hospitalized Prisoners" in regards to vouchering prisoner's property. TREATMENT OF PRISONERS DETAINED IN DETENTION FACILITIES When a prisoner who has been detained at a borough court section or other detention facility, but has not been arraigned, requires medical / psychiatric / drug addiction attention, the borough court section or command supervisor will ensure that the MEDICAL TREATMENT OF PRISONER form is prepared and distributed, as indicated. Whenever a member of the Criminal Justice Bureau assigned to a Borough Court Section is informed of, or otherwise becomes aware that a prisoner in the custody of that Court Section requires medical / psychiatric / drug addiction attention, that member will immediately notify the Borough Court Section desk officer. The Borough Court Section desk officer will make a Command Log entry and ensure that medical treatment is provided. In Borough Court Sections where the Emergency Medical Service is situated, the Borough Court Section desk officer will request the assistance of the assigned Emergency Medical Technicians (EMT) regarding the prisoner's medical treatment. However, if it is determined that a prisoner requires medical attention at a hospital emergency room, the supervisor is responsible to ensure that the prisoner is transported immediately for treatment. In all cases, the Borough Court Section desk officer will document the occurrence in the Command Log and direct preparation of a MEDICAL TREATMENT OF PRISONER form. PRE-ARRAIGNMENT PRISONERS REQUIRING PRESCRIPTION MEDICATIONS [I.O. 35-1, s. 12] If, during the course of treating a pre-arraignment prisoner, a hospital physician or his/her health care assistant indicates the need for information concerning invoiced medication belonging to the prisoner, the individual will be given the appropriate PROPERTY CLERK INVOICE (PD521-141) number. Furthermore, such individuals will be advised on how to contact the desk officer in the NYPD facility where the medication is invoiced. Desk officers receiving telephone inquiries of this nature are authorized to provide the name of the medication. If the hospital physician, after learning the name of the medication, advises the desk officer that the medication is not available at the hospital and requests that the medication be delivered to the hospital, the desk officer shall comply with the request. In this instance, the desk officer shall: a. Check the name of the medication against the PROPERTY CLERK INVOICE, as appropriate. b. Complete the "R.T.O." function utilizing the Property and Evidence Tracking System. Sign rank and name and include pertinent details under "Remarks" section including name of physician, hospital, and name of uniformed member assigned to deliver medication. c. Release medication to uniformed member assigned to make delivery. d. Make appropriate Command Log entry with all pertinent details. The member assigned to deliver the medication to the authorized physician shall indicate receipt thereof by requesting the physician to sign the member's ACTIVITY LOG. If the physician refuses to sign, the uniformed member of the service concerned will note such fact in his/her ACTIVITY LOG, making sure to include the full title and name of the person refusing and all details involved. In the event that any medication is returned to the command, it will have to be invoiced again pursuant to this procedure. If a physician at a hospital provides a pre-arraignment prisoner with medication to be taken by the prisoner during the pre-arraignment period, the uniformed member accompanying the prisoner will take custody of the medication until the member reaches the court section for processing. At this location the medication will be given to the available emergency medical technician (EMT) to hold until the prisoner needs to self-administer it. If a pre-arraignment prisoner needs further medication during the period of pre-arraignment detention in any form that is not authorized to be administered by an EMT, he or she will be taken to a hospital for that medication. Prepare MEDICAL TREATMENT OF PRISONER form when a properly identified relative or member of the prisoner's household appears at any Department facility where the pre-arraignment prisoner is located and: a. indicates that the prisoner has a medical condition or needs medication, AND/OR b. brings medication in a pharmacy container with the prisoner's name. The uniformed member preparing the form will ensure that all pertinent information is entered in the appropriate captions and in the "Remarks" section, including the name, address, and telephone number of the relative or household member, name of medication(s), nature of medical condition(s), and the name, address, and telephone numbers of the pharmacy and any physician noted on the label of any pharmacy container. If as described above a properly identified relative or member of the prisoner's household appears at a Department facility and the pre-arraignment prisoner in question is not being detained there, the uniformed member of the service (UMOS) concerned will determine if the prisoner is still in Department custody. If so, the UMOS will ascertain the location and inform his / her supervisor. This supervisor will in turn contact the desk officer/supervisor at the Department facility where the prisoner is being held. Both the supervisor making the notification and the desk officer / supervisor receiving it will make respective command log entries. The entries will include the time of notification, the prisoner's name, and the name of the desk officer / supervisor receiving / making the notification. In addition, the desk officer / supervisor at the lodging facility receiving information relating to the prisoner's need for prescription medication shall prepare a MEDICAL TREATMENT OF PRISONER form. Uniformed members of the service will not be required to accept medication from relatives or household members for the purpose of providing it to the prisoner. Uniformed members of the service will not be required to invoice prisoner medications brought to the command by relatives or household members. UNUSUAL PRISONER OCCURRENCES When a prisoner dies, is seriously injured in connection with a police activity, or sustains an injury resulting from a police firearms discharge, the uniformed member of the service will immediately request the response of the patrol supervisor, safeguard the possible crime scene and provide and / or secure appropriate medical attention for the injured prisoner. The patrol supervisor will respond to the scene, assess the situation, notify the desk officer and establish crime scene if necessary. The desk officer will notify the patrol borough, Operations Unit, commanding officer / duty captain, Internal Affairs Bureau Command Center, the precinct detective squad, and detective borough command. PREPARATION OF MEDICAL TREATMENT OF PRISONER FORM In the event that a prisoner has prescription medications in his / her possession, such will be invoiced as required in P.G. 208-03, "Arrests General Processing." In addition, with respect to any such medications, ensure that all appropriate captions on the MEDICAL TREATMENT OF PRISONER form are properly filled out. Information listed on the pharmacy label of a prisoner's prescription container, which may include the name, address, and telephone number of the pharmacy / physician concerned, will be recorded in the appropriate captions and in the "Remarks" section of the form. Ensure that the "Remarks" section also contains any specific instructions from Emergency Medical Service (EMS) staff regarding the care of the prisoner, and / or if EMS staff brought the prisoner to a hospital room for further treatment. The appropriate check off boxes will be used to document that a prisoner has refused medical aid. The Ambulance Call Report (ACR) number or Patient Care Report (PCR) number related to the prisoner will be entered in the appropriate caption in Section I of the MEDICAL TREATMENT OF PRISONER form. An ACR number is assigned when a prisoner is transported to hospital via ambulance; a PCR number, in contrast, is assigned when a prisoner is transported to a hospital by any other means, e.g., RMP. In any instance where either a prisoner, attending physician, or hospital staff member, refuses to complete or sign in the designated caption(s) on the MEDICAL TREATMENT OF PRISONER form, the uniformed member of the service concerned will note such fact on both the form and in his / her ACTIVITY LOG, making sure to include the full title and name of the person refusing and all details involved. The Health and Hospitals Corporation (HHC) is entitled to a copy of the MEDICAL TREATMENT OF PRISONER form. Therefore upon completion of the treatment of the prisoner, the uniformed member of the service concerned will allow hospital personnel to photocopy this form. A copy of MEDICAL TREATMENT OF PRISONER form MUST accompany the prisoner until his / her custody is no longer the responsibility of this Department. RELATED PROCEDURES Arrests - General Processing (P.G. 208-03) Desk Appearance Ticket - Hospitalized Prisoner (P.G. 208-30) Hospitalized Prisoners (P.G. 210-02) Bedside Arraignment (P.G. 210-05) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) FORMS AND REPORTS [I.O. 35-1, s. 12] ACTIVITY LOG (PD112-145) MEDICAL TREATMENT OF PRISONER (PD244-150) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) P.G. 210-05 Bedside Arraignment Date Effective: 08/01/13 PURPOSE To reduce manpower required to guard prisoners confined in hospitals. DEFINITION PRISON WARD - a hospital ward under the jurisdiction of the Department of Correction. PROCEDURE When a prisoner not eligible for a DESK APPEARANCE TICKET (PD260-121), is admitted to a hospital prior to arraignment, comply with P.G. 210-02, "Hospitalized Prisoners," and, in addition: DESK OFFICER, PRECINCT OF ARREST 1. Have arresting officer report to the precinct of arrest or other designated arrest processing facility and have court affidavit prepared. ARRESTING OFFICER 2. Instruct civilian complainant to appear at the precinct of arrest, designated arrest processing facility, or Criminal Court on scheduled return date, as appropriate, if Supporting Deposition is not prepared. DESK OFFICER, PRECINCT OF ARREST 3. Upon completion and signing of court affidavit by arresting officer, notify borough court section supervisor concerned that the court affidavit has been completed and request a bedside arraignment for hospitalized prisoner. a. Enter notification in Telephone Record. BOROUGH COURT SECTION SUPERVISOR CONCERNED 4. Have completed arrest package delivered to Court Clerk for docketing. DESK OFFICER, PRECINCT OF DETENTION 5. Prepare BEDSIDE ARRAIGNMENT WORKSHEET (PD244-1411). 6. Ensure that a copy of all completed arrest related paperwork is kept in a folder at the desk, including: a. ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244- 159) b. Prisoner Movement Slip c. BEDSIDE ARRAIGNMENT WORKSHEET. [I.O. 18 s 05] 7. Have copy of ON-LINE BOOKING SYSTEM ARREST WORKSHEET and fingerprint / palmprint charts, (if required), delivered to guarding officer (see P.G. 210-02, "Hospitalized Prisoners"). 8. Assign uniformed member of the service to fingerprint / palmprint prisoner, if required. a. Obtain assistance from Identification Section, if fingerprints / palmprints cannot be obtained by normal means. 9. Contact hospital administrator and determine how long prisoner will be confined for treatment. [I.O. 18 s 05] NOTE: If hospital denies permission to fingerprint / palmprint, photograph or arraign prisoner due to prisoner's physical condition, ascertain earliest date when the prisoner can be processed. GUARDING MEMBER [I.O. 18 s 05] 10. Notify desk officer, precinct of detention, when fingerprints / palmprints have been taken. 11. Ask prisoner if he / she wants legal assistance and/or an interpreter and notify desk officer, precinct of detention, of results. DESK OFFICER, PRECINCT OF DETENTION 12. Record information concerning fingerprinting, request for legal assistance and/or interpreter on BEDSIDE ARRAIGNMENT WORKSHEET. [I.O. 18 s 05] 13. Direct precinct messenger to deliver completed fingerprint / palmprint charts to the borough court section supervisor concerned, if necessary. 14. Request Photographic Unit to photograph prisoner. a. Furnish Photographic Unit with information listed on BEDSIDE ARRAIGNMENT WORKSHEET. GUARDING MEMBER 15. Notify desk officer, precinct of detention, when prisoner has been photographed. 16. After arraignment, notify desk officer, precinct of detention, with the following information: a. Judge's name b. Arraignment date c. Disposition of arraignment DESK OFFICER, PRECINCT OF DETENTION 17. Record arraignment information on BEDSIDE ARRAIGNMENT WORKSHEET and in Telephone Record. 18. Reassign guarding officer if prisoner is released from custody or posts bond. NOTE: Bail may be posted at the borough criminal court concerned, not at the stationhouse, precinct of detention. After bail is posted, the Bail Receipt will be delivered to the desk officer, precinct of detention. GUARDING MEMBER 19. Obtain copy of Court Commitment order from the court officials, if prisoner is held on bail or remanded. 20. Contact hospital liaison and inquire about arrangements made for transfer of prisoner to Department of Correction. 21. Notify desk officer, precinct of detention, of transfer arrangements. 22. Deliver prisoner and Court Commitment order to the Department of Correction officer at hospital. 23. Sign Department of Correction form "Prisoner Ward Record" as a receipt for prisoner. 24. Make appropriate entries in ACTIVITY LOG (PD112-145) and include prisoner's name, arrest number, correction officer's name and shield number. a. Ensure ACTIVITY LOG entries correspond with entries made by correction personnel under "Valuables Received" on Prisoner Ward Record. b. Report any discrepancy to desk officer, precinct of detention. DESK OFFICER, PRECINCT OF DETENTION 25. Notify borough court section concerned when: a. Prisoner has been transferred. b. Bedside arraignment is delayed in excess of six or more days. c. Any problem arises which cannot be resolved by detention precinct personnel. 26. Upon completion of arraignment, have folder containing arrest related paperwork filed at precinct of detention. PLANNING OFFICER, PRECINCT OF DETENTION 27. Coordinate the procedural steps involved in bedside arraignments. 28. Establish communication with agencies and hospitals that may be involved in bedside arraignments. 29. Maintain a file containing the telephone number(s) of individuals to be contacted when arranging for bedside arraignments. ADDITIONAL DATA When a prisoner is released from a hospital prior to arraignment, the guarding member will obtain a signed medical release from the attending physician and escort the prisoner, rear cuffed, to court for arraignment. The uniformed member concerned will deliver the medical release to the borough court section supervisor. If a complaint has been previously prepared, borough court section personnel will retrieve and deliver the complaint to the court clerk for docketing. When a Certificate of Release is presented for an arraigned and hospitalized prisoner stating that bail has been posted, the guarding member will notify the desk officer, precinct of detention, who will make appropriate entries on the BEDSIDE ARRAIGNMENT WORKSHEET and ON LINE BOOKING SYSTEM ARREST WORKSHEET. The Certificate of Release will be attached to the ON LINE BOOKING SYSTEM ARREST WORKSHEET and the borough court section supervisor will be notified. RELATED PROCEDURES Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Hospitalized Prisoners (P.G. 210-02) FORMS AND REPORTS ACTIVITY LOG (PD112-145) BEDSIDE ARRAIGNMENT WORKSHEET (PD244-1411) DESK APPEARANCE TICKET (PD260-121) OFFICIAL LETTERHEAD (PD158-151) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 210-06 Prisoners' Meals Date Effective: 08/01/13 PURPOSE To provide meals for detained prisoners. DEFINITION MEAL HOURS - between 0500-0600, 1200-1300, and 1800-1900 hours. PROCEDURE When a prisoner is confined in a detention cell: POLICE ATTENDANT 1. Determine number of meals required and notify desk officer. a. Hot liquids (coffee, tea, hot chocolate, etc.), will not be provided with a prisoner's meal. NOTE: Meals must be provided by this Department to prisoners: a. With funds who want to purchase own meal b. With funds who want meals supplied by this Department c. Without funds. DESK OFFICER 2. Telephone restaurant, order required number of meals and obtain cost. a. Cost to Department may not exceed $1.80 per meal, per prisoner. 3. Prepare and sign PRISONER MEAL VOUCHER (PD144-051). a. Prepare separate PRISONER MEAL VOUCHER for each meal period. 4. Issue vendor his/her copy of PRISONER MEAL VOUCHER when meal is delivered to precinct or picked up at restaurant. 5. Direct attendant to enter cost of meal provided each prisoner on PRISONER ROSTER (PD244-145). a. If prisoner obtains food with own funds or refuses meal, entry must be made on PRISONER ROSTER and in Command Log. 6. Submit remaining copies of PRISONER MEAL VOUCHER to Operations Coordinator. OPERATIONS COORDINATOR 7. Prepare separate EXPENSE REPORT (PD102-061) set at end of month for each restaurant from which meals were obtained. a. List the name and address of the vendor, the period covered and the total amount due the restaurant. 8. Submit EXPENSE REPORT sets and PRISONER MEAL VOUCHERS to commanding officer. COMMANDING OFFICER 9. Certify each EXPENSE REPORT set and forward original and first copy with original copies of related PRISONER MEAL VOUCHERS to Audit and Accounts Unit by the 15th of each month. 10. File remaining copy of EXPENSE REPORT with related copy of PRISONER MEAL VOUCHERS attached. ADDITIONAL DATA When medical or other unusual conditions exist, a desk officer may authorize additional prisoner meals or meals at other than designated hours. A Command Log entry explaining the circumstances will be made. If a prisoner, who has missed the designated meal period due to arrest processing or any other reason requests to be fed, the desk officer will authorize such meal. FORMS AND REPORTS EXPENSE REPORT (PD102-061) PRISONER MEAL VOUCHER (PD144-051) PRISONER ROSTER (PD244-145) P.G. 210-07 Prisoners - Unusual Occurrence Date Effective: 08/01/13 PURPOSE To make notifications and investigate certain unusual occurrences related to prisoners. DEFINITION UNUSUAL OCCURRENCE - With regard to prisoners, means that a prisoner in custody of this Department, or an unarraigned prisoner in the custody of the New York City Department of Correction: a. Dies, or b. Attempts suicide, or c. Assaults a member of the service, or d. Escapes or attempts to escape, or e. Is subdued with a Conducted Energy Device, or f. Is involved in any other occurrence of an unusual nature. PROCEDURE When an adult prisoner or a child under sixteen in custody is involved in an unusual occurrence: DESK OFFICER 1. Notify commanding officer/duty captain. 2. Notify Operations Unit, including: a. Name and sex of prisoner or child in custody b. Charge for which prisoner or child in custody is held. 3. Notify Internal Affairs Bureau Command Center if prisoner dies, attempts suicide, escapes or attempts to escape. COMMANDING OFFICER/DUTY CAPTAIN 4. Conduct investigation of incident. 5. Prepare a report on Typed Letterhead. 6. Forward three copies of report in all adult prisoner cases, one copy of report for child in custody and two copies of report if child in custody dies to Chief of Department, DIRECT. If death occurs, include photographs and any other supportive information. 7. Forward one additional copy of report to each of the following: a. Chief of Patrol (DIRECT) b. Chief of Internal Affairs Bureau c. Commanding Officer, Office of Management Analysis and Planning d. Commanding Officer, Criminal Justice Bureau e. Commanding Officer, Performance Monitoring Analysis Unit f. Each intermediate command g. Commanding officer of member of the service concerned, if member not assigned to reporting command h. Commanding Officer, Firearms and Tactics Section, if a Conducted Energy Device was used to contain/restrain a prisoner. ADDITIONAL DATA The New York State Correction Law Section 47(2) mandates that a report be made to the New York State Commission of Correction whenever a death occurs while prisoner is in police custody while lodged in a detention or holding cell, being transported to the borough courthouse for arraignment after having been in a detention or holding cell, or at the hospital after having been lodged in a detention or holding cell. If a death occurs prior to a prisoner having been in a detention or holding cell a notification to the New York State Commission of Correction is not necessary. Whenever a reportable death occurs while in custody, the commanding officer of the facility or the duty captain responsible for the immediate follow-up investigation will complete the form entitled, "Report of Inmate Death to State Commission of Correction (SCOC M187)". Only items one through thirty-six will be completed on the form. Whenever a question does not apply or an answer is not available, the letters "DNA" will be entered in the allotted space on the form. The commanding officer/duty captain will then fax the form directly to the New York State Commission of Correction within six hours of the death, and immediately follow-up with the New York State Commission of Correction to confirm receipt of the faxed copy of the Report of Inmate Death to State Commission of Correction (SCOC M187). The form will also be mailed within ten days of the death to the New York State Commission of Correction, Attention: Medical Review Board. The Criminal Justice Bureau acts as the liaison between this Department and the New York State Commission of Correction. This includes, but is not limited to: 1. Providing requested documents regarding prisoner deaths in custody 2. Coordinating the inspections of detention cells, holding cells, and juvenile rooms by members of the New York State Commission of Correction. All copies of documentation related to a prisoner death in custody, including the Report of Inmate Death to State Commission of Correction (SCOC M187), will be forwarded to the Criminal Justice Bureau, upon request. Any questions regarding the State Commission of Correction should be directed to the Criminal Justice Bureau. RELATED PROCEDURES Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Hospitalized Prisoners (P.G. 210-02) FORMS AND REPORTS Typed Letterhead Report of Inmate Death to State Commission of Correction (SCOC M187) P.G. 210-08 Guidelines For Prisoner Holding Pens Date Effective: 08/01/13 PURPOSE To ensure the integrity, control, and humane treatment of prisoners lodged in command/detective squad holding pens. PROCEDURE Upon lodging a prisoner temporarily in a command/detective squad holding pen: DESK OFFICER/DETECTIVE SQUAD SUPERVISOR 1. Utilize Department form PRISONER HOLDING PEN ROSTER (PD244-1410) to maintain a record of prisoners lodged in holding pens (cages). a. Maintain a copy of the PRISONER HOLDING PEN ROSTER at the desk and detective squad office, as appropriate. b. File completed forms at the end of every twenty-four hour period at the desk and detective squad office, as appropriate. 2. Designate a member of the service to specifically inspect and check condition of prisoners every thirty minutes. a. Do not leave prisoners unattended. 3. Have assigned member enter results of inspection and action taken under the appropriate captions on PRISONER HOLDING PEN ROSTER. 4. Assign a supervisor to personally and periodically inspect prisoners lodged in holding pens and have supervisor enter results of inspection under appropriate captions on PRISONER HOLDING PEN ROSTER. 5. Make certain the following additional guidelines are complied with: a. Maximum period of detention for prisoners being held in holding pens will usually be three hours. If circumstances dictate a person be held for a longer period, such period must be approved by the desk officer for command holding pens or detective squad supervisor for detective squad holding pens. If a detective squad supervisor is not available, the extension period must be approved by the command desk officer. The reason for any time extension must be documented in the Command Log. b. Prisoners who appear to be ill, intoxicated, or emotionally disturbed shall not be detained in holding pens. If appropriate, P.G. 210-04, "Prisoners Requiring Medical/ Psychiatric Treatment" will be complied with. c. At no time should more prisoners than can be reasonably accommodated be put in a holding pen. The amount of time a prisoner will be detained in the holding pen must be taken into consideration when determining what is a reasonable accommodation. d. Before being placed in a holding pen, the clothing and person of each prisoner must be thoroughly searched. Generally, a female prisoner will only be searched by a female police attendant or female uniformed member of the service P.G. 208-05,"Arrests - General Search Guidelines"). e. Belts, neckties, shoelaces, and clothing items such as jackets, overcoats, or other similar outer garments shall be removed and stored temporarily where they will not be accessible to the prisoner. f. At no time detain male and female prisoners in the same holding pen. Refer to P.G. 210-17, "Arrests Processing of Pre-Arraignment Prisoners Designated as 'Special Category'" and/or P.G. 203-10, "Public Contact Prohibited Conduct," subdivision "a" following step "1", regarding gender, if necessary. g. At no time detain adult and juvenile prisoners in the same holding pen. Juveniles must be held in the command's designated juvenile area. h. If a prisoner is placed in a cell alone because he/she threatens or fights with another prisoner(s), is causing disruption, or for any other reason, ensure that a member of the service will continue to monitor that prisoner closely. ADDITIONAL DATA PRISONER CONFLICTS Whenever an arresting officer/investigator becomes aware that there is the need to separate two or more defendants from one another due to threats made by one defendant to another, or due to the potential for one defendant to assault another, a notation will be made at the bottom of each defendant's Prisoner Movement Slip in the "Detention Alert" section under the caption "Other (Explain)." The notation must contain the name and arrest number of the other defendant involved, as well as an indication as to why separation is deemed necessary (e.g., prisoner had a fight with the other prisoner; prisoner was threatened by other prisoner, etc.). If separation is required for confidential or sensitive reasons, such as one prisoner testified against another, enter the name and telephone number of the arresting officer/assigned investigator so that further information can be obtained if necessary, rather than entering the actual reason for the separation. (If detention personnel are unable to contact the arresting officer/assigned investigator for further information, they will continue to keep the affected prisoners separated from one another). In the event that an arrest processing officer or escorting officer becomes aware that a conflict exists between prisoners requiring their separation, the officer must: a. Inform the arresting officer/assigned investigator of the circumstances in order that the latter may make entries on the Prisoner Movement Slips, OR b. Personally make entries on the Prisoner Movement Slips which must then be brought to the attention of the Court Section personnel for entry on the courthouse generated movement slips. The information entered on the Prisoner Movement Slip prepared at the command must also be entered on the computerized movement slip generated at the courthouse when the prisoner is photographed. In addition to the notation on the movement slip, the arresting officer/assigned investigator/escorting officer will notify the concerned borough court section supervisor. Members of the service assigned to prisoner detention functions at the command and at the courthouse must examine and be guided by the information contained in the "Detention Alert" caption on each Prisoner Movement Slip in regard to separating prisoners. etc. RELATED PROCEDURES General Procedure - Prisoners (P.G. 210-01) Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Unusual Occurrences Involving Prisoners (P.G. 210-07) FORMS AND REPORTS PRISONER HOLDING PEN ROSTER (PD244-1410) P.G. 210-09 Bail Date Effective: 07-01-14 PURPOSE To release prisoners on bail prior to court arraignment. DEFINITIONS PRE-ARRAIGNMENT BAIL - a sum of United States currency posted by a surety at the time of arrest, to secure the defendant's appearance for court arraignment. SURETY - the person or prisoner who offers money for bail. PROCEDURE To require a prisoner, who has been approved for a Desk Appearance Ticket pursuant to P.G. 208-27, "Desk Appearance Ticket - General Procedure", to post pre-arraignment bail to secure his/her attendance in court. NOTE: The Criminal Procedure Law permits the issuance and service of an appearance ticket to be conditioned upon the posting of a sum of money, known as pre-arraignment bail. This money will be forfeited by the defendant should the defendant fail to comply with the directions of the appearance ticket. DESK OFFICER 1. Comply with P.G. 208-27, "Desk Appearance Ticket - General Procedure" and 208-02, "Arrests - Removal To Department Facility For Processing." 2. Determine if the charge is one for which bail may be accepted as follows: CHARGE BAIL Family Court warrant Yes, between 1400 and 0800, if court is not in session Superior Court warrant of arrest NO Criminal Court warrant of arrest NO Bench warrant NO Order of Protection NO Violation of parole NO Violation of probation NO Material witness NO Fugitive from justice NO Violation of federal law NO Any offense involving members of the same Family/Household-Expanded Definition NO Any crime against a child less than eighteen (18) NO Felony NO Violation YES Misdemeanor YES, (where eligible for a Desk Appearance Ticket pursuant to P.G. 208-27 EXCEPT, prisoners charged with the misdemeanors listed below may not be bailed after fingerprintshave been processed by NYSIIS and the report lists previous convictions, as described below, which would raise the misdemeanor to a felony: CURRENT CHARGE PREVIOUS CONVICTION Aggravated Harassment, 2nd Degree (P.L. 240.30, [3]) Same offense or 240.31, P.L., within ten years Article 17 - Election Law Any crime in Art. 17-Election Law Auto Stripping, 2nd Degree Same offense, OR repealed subdivision 8, Section 1224, VTL within five years Avoidance of Cigarette Tax (A.C. 11-1317) Two for same offense Avoidance of Cigarette Tax (New York State Tax Law 481) Two for same offense Cigarette Tax (A.C. 11-4012, [a], [1]) Two for same offense Computer Tampering, 2nd Degree (P.L. 156.20) Any crime under Article 156, or Section 165, (10) P.L. Criminal Possession Weapon, 4th Degree (P.L. 265.01, [1], [2], [3], [5] Any crime Criminally Using Drug Paraphernalia, 2nd Degree (P.L. 220.50) Same offense Falsely Reporting an Incident, 2nd Degree (P.L. 240.55) Same offense Illicit Alcoholic Beverages (A.B.C. Law 152 or 154) Same offense Obscenity, 3rd Degree (P.L.235.05 Same offense Sale or purchase of Stolen, False, or Fraudulent License, Certificate of Registration, or Number Plate (V.T.L. 392a) Same offense with ten years Transporting Hazardous Materials (V.T.L. 380) Two for same offense Unauthorized Use of Vehicle, 3rd Degree (P.L. 165.05) P.L. 165.05, subdivision 1, OR P.L. 165.06 within ten years NOTE: A prisoner charged with violation of Vehicle and Traffic Law, Section 1192 subdivisions (1), (2), (3) or (4) shall not be eligible for a DESK APPEARANCE TICKET or stationhouse bail, unless such prisoner is hospitalized for more than twenty- four hours. Such prisoner may be issued a DESK APPEARANCE TICKET, if eligible, whether or not he/she submitted to a chemical test. However, under no circumstances will a prisoner charges with violation of Vehicle & Traffic Law, Section 1192 subdivisions (1), (2), (3) or (4) be issued a DESK APPEARANCE TICKET if he/she has caused serious physical injury or death to another. 3. Have a Warrant and INVESTIGATION CARD (PD373-161) name check conducted via FINEST (see P.G. 208-23, "Computerized Investigation Card System" and 208-27, "Desk Appearance Ticket - General Procedure". 4. Set the amount of bail (CASH ONLY) as follows: a. For each Class A misdemeanor - $500 b. For each Class B misdemeanor - $250 c. For each unclassified misdemeanor - $250 d. For each violation - $100 e. For a Family Court warrant - Amount stated on warrant 5. Have surety swear an oath of ownership of the bail money. 6. Prepare and sign BAIL RECEIPT (PD209-011). 7. Have surety sign all copies of BAIL RECEIPT. 8. Give surety white copy of BAIL RECEIPT. 9. Instruct surety concerning return of bail as follows: a. Appear at court arraignment of defendant and present copy of BAIL RECEIPT and proof of identity, or b. After court arraignment, personally present copy of BAIL RECEIPT and proof of identity at the borough Property Clerk's Office. 10. Prepare DESK APPEARANCE TICKET (PD260-121) and give to defendant. 11. Direct that two front view (head and shoulder) photos be taken of prisoner. a. Ensure that back of photos are stamped and captions completed. 12. Have WARRANT INVESTIGATION REPORT (PD374-152) prepared. a. Attach one photo to warrant for Warrant Section copy of report b. Attach second photo to court copy of report. 13. Release prisoner. 14. Make notation in Box 11, "Narrative," of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) that prisoner has been bailed. 15. Place bail money in Property Clerk envelope and print on face: a. "CASH BAIL" b. Precinct c. Arrest number d. Defendant's name e. Surety's name, if other than defendant. 16. Seal envelope and sign across flap. 17. Attach three copies (yellow, pink, and blue) of BAIL RECEIPT. 18. Designate a messenger to deliver bail to borough Property Clerk's office. a. If borough Property Clerk's office is closed, bail will be delivered next business day. 19. Have messenger sign for bail in the Property Receipt Book. MESSENGER 20. Deliver bail and BAIL RECEIPTS to borough Property Clerk's Office and obtain receipt on blue copy of BAIL RECEIPT. 21. Deliver receipted copy of BAIL RECEIPT to desk officer. DESK OFFICER 22. File receipted blue copy of BAIL RECEIPT with file copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET. 23. Give green copy of BAIL RECEIPT to arresting/assigned officer. ADDITIONAL DATA When prisoner is released on bail, the desk officer of command/borough court section facility where bail has been posted, will notify the arresting/assigned officer and include, the time, date, court of arraignment, location of bail money and that he/she must deliver the bail to court. In addition, the desk officer will notify the borough court section supervisor concerned, where the bail money is located and the name of the officer and defendant. If defendant released from other than the precinct of arrest, the desk officer, command of arrest, will be notified for appropriate entry on the ON LINE BOOKING SYSTEM ARREST WORKSHEET. RELATED PROCEDURES Computerized Investigation Card System (P.G. 208-23) Desk Appearance Ticket - General Procedure (P.G. 208-27) Arrests - Removal To Department Facility For Processing (208-02) Delivery Of Bail Money To Court From Stationhouse (P.G. 210-10) Delivery Of Bail Money To Court From Property Clerk (P.G. 210-11) FORMS AND REPORTS BAIL RECEIPT (PD209-011) DESK APPEARANCE TICKET (PD260-121) INVESTIGATION CARD (PD373-161) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) WARRANT INVESTIGATION REPORT (PD374-152) P.G. 210-10 Delivery Of Bail Money To Court From Stationhouse Date Effective: 08/01/13 PURPOSE To deliver bail to court on date of arraignment. PROCEDURE On date of arraignment, if cash bail has not been forwarded to borough Property Clerk's office: ARRESTING/ASSIGNED OFFICER 1. Obtain bail and three copies (pink, yellow and blue) of BAIL RECEIPT (PD209-011) from desk officer. 2. Sign for bail in the Property Receipt Book. 3. Appear at the defendant's arraignment and if defendant and surety are present: a. Examine surety's copy of BAIL RECEIPT and establish surety's identity. b. Have surety sign receipt for cash bail, on reverse side of pink copy of BAIL RECEIPT, and return money to surety c. Deliver receipted pink copy of BAIL RECEIPT to the desk officer d. Destroy blue copy of BAIL RECEIPT. 4. Comply with the following if the defendant is present but surety is not: a. Immediately after arraignment, deliver bail and pink copy of BAIL RECEIPT to borough Property Clerk's office b. Inform member of the service at Property Clerk's office that defendant did appear at arraignment c. Obtain receipt from Property Clerk's office on the blue copy of BAIL RECEIPT d. Deliver receipted copy of BAIL RECEIPT to desk officer. 5. Comply with the following if defendant does not appear and bail is forfeited: a. Give bail to court clerk and have him sign on reverse of pink copy of BAIL RECEIPT b. Deliver receipted copy of BAIL RECEIPT to desk officer c. Destroy blue copy of BAIL RECEIPT. DESK OFFICER 6. File receipted copy of BAIL RECEIPT with file copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). 7. Give green copy of BAIL RECEIPT to arresting/assigned officer. ADDITIONAL DATA The Borough court section supervisor will ascertain that the arresting/assigned officer has obtained the bail if defendant had been released on bail. If the arresting/assigned officer has not obtained bail, he/she will be directed to location where bail is located to pick up and deliver the bail to court. RELATED PROCEDURES Desk Appearance Ticket - General Procedure (P.G. 208-27) Bail (P.G. 210-09) Delivery Of Bail Money To Court From Property Clerk (P.G. 210-11) FORMS AND REPORTS BAIL RECEIPT (PD209-011) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 210-11 Delivery Of Bail Money To Court From Property Clerk Date Effective: 08/01/13 PURPOSE To deliver bail to court on date of arraignment. PROCEDURE On date of arraignment, if cash bail has been forwarded to borough Property Clerk's office: ARRESTING/ASSIGNED OFFICER 1. Pick up bail and pink copy of BAIL RECEIPT (PD209-011) at borough Property Clerk's office. a. Receipt for the bail on yellow copy of BAIL RECEIPT. 2. Appear at the defendant's arraignment at court and if defendant and surety are present: a. Examine surety's copy of BAIL RECEIPT and establish surety's identity b. Have surety sign receipt for cash bail, on reverse side of pink copy of BAIL RECEIPT, and return bail money to surety c. Deliver receipted pink copy of BAIL RECEIPT to Property Clerk's office, immediately after court appearance d. Obtain yellow copy of BAIL RECEIPT from Property Clerk's office and retain as receipt. 3. Comply with the following if the defendant is present but surety is not: a. Immediately after court appearance, return bail and BAIL RECEIPT to borough Property Clerk's office b. Inform member of the service at Property Clerk's office that defendant did appear at arraignment c. Obtain yellow copy of BAIL RECEIPT from Property Clerk's office and retain as receipt. 4. Comply with the following if defendant does not appear and bail is forfeited: a. Give bail to court clerk and have him sign on reverse of pink copy of BAIL RECEIPT b. Deliver receipted copy of BAIL RECEIPT to Property Clerk's office, immediately after the court appearance c. Obtain yellow copy of BAIL RECEIPT from Property Clerk's office and retain as receipt. ADDITIONAL DATA Borough court section supervisor will ascertain that the arresting/assigned officer has obtained the bail if defendant has been released on bail. If the arresting/assigned officer has not obtained the bail, he/she will be directed to location where bail is located to pick up and deliver the bail to court. RELATED PROCEDURES Desk Appearance Ticket - General Procedure (P.G. 208-27) Bail (P.G. 210-09) Delivery Of Bail Money To Court From Stationhouse (P.G. 210-10) FORMS AND REPORTS BAIL RECEIPT (PD209-011) P.G. 210-12 Processing Prisoner When Bail Application Made To Judge Date Effective: 08/01/13 PURPOSE To process a prisoner, not eligible for pre-arraignment bail, who may be admitted to bail by a judge or justice. PROCEDURE Upon receiving information that an application for bail will be made to a judge or justice for a prisoner in custody: DESK OFFICER 1. Expedite the forwarding of the prisoner's fingerprints. 2. Prepare CERTIFICATION OF CHARGES AGAINST PRISONER (PD244-062). 3. Send messenger to Fax Terminal with the CERTIFICATION OF CHARGES AGAINST PRISONER with instructions to: a. Obtain a copy of the prisoner's rap sheet from NYSIIS, and attach it to CERTIFICATION OF CHARGES AGAINST PRISONER, and b. Deliver them to the judicial authority concerned. 4. Have prisoner photographed. 5. Upon receipt of written notice from the judicial authority, inform prisoner of time and location to appear for arraignment and release prisoner. 6. Enter facts of release on ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) and file the written notice with ON LINE BOOKING SYSTEM ARREST WORKSHEET. 7. Notify arresting officer that prisoner has been bailed and the time and location of arraignment. FORMS AND REPORTS CERTIFICATION OF CHARGES AGAINST PRISONER (PD244-062) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 210-13 Release Of Prisoners Date Effective: 08/01/13 PURPOSE To release a person taken into custody when further investigation reveals that the person arrested did not commit the offense or any related offense or it is determined that no offense has been committed or when directed by an Assistant District Attorney that the arrest is to be voided. DEFINITIONS VOIDED ARREST - When an arrest is made by a uniformed member of the service or a civilian, and there is reasonable cause to believe the prisoner did not commit the offense, or any related offense, or it is determined that no offense has been committed, the member of the service concerned must immediately release the prisoner and comply with this procedure. DECLINE PROSECUTION - The District Attorney has prosecutorial discretion and may decline to prosecute a case for a variety of reasons even though probable cause for the arrest exists. Some examples are: cases where the evidence is legally sufficient to prosecute, but must be corroborated; or cases where prosecution is declined in the interest of justice; etc. In these instances, the Assistant District Attorney is required to issue a Decline Prosecution Letter. In such circumstances, members of the service should be guided by Patrol Guide 216-16, "Release of Prisoners at the Complaint Room at Direction of the Assistant District Attorney." Additionally, there may be circumstances wherein an Assistant District Attorney directs that an arrest be voided and refuses to issue a Decline Prosecution Letter despite the arresting officer's good faith belief that probable cause existed for the arrest. In those instances, members of the service should be guided by this procedure. PROCEDURE When an arrest is made by a uniformed member of the service or a civilian, and there is reasonable cause to believe that the prisoner did not commit the offense in question or any related offense. ARRESTING OFFICER 1. Confer with patrol supervisor and obtain consent for release of prisoner. a. If unavailable, confer with desk officer/borough court section supervisor. b. If the arresting officer, prior to removal of the prisoner to the police facility/borough court section, has reasonable cause to believe that the prisoner did not commit the offense charged and the patrol supervisor is not available for conferral, the prisoner may be released immediately and the patrol supervisor/desk officer will be notified as soon as possible. (1) In all "Release of Prisoner" cases, the desk officer of the command of occurrence MUST be informed of the circumstances of the release (2) A prisoner may be released by the Department at any time from the initial custody until the arraignment in the courtroom. c. If prisoner has been removed from police facility/borough court section facility, confer with supervisor assigned to court. PATROL SUPV/DESK OFFICER/BOROUGH COURT SECTION SUPERVISOR 2. Authorize release of prisoner if in agreement with arresting officer. 3. Verify that all property removed from the person is returned. ARRESTING OFFICER 4. Make ACTIVITY LOG (PD112-145) entry of facts of the release of prisoner. SUPERVISOR AUTHORIZING/NOTIFIED OF RELEASE 5. Examine and initial arresting officer's ACTIVITY LOG entry. ARRESTING OFFICER 6. Prepare OLBS ARREST WORKSHEET (PD244-159), immediately, for released prisoner. a. Indicate under the "Narrative" section the reason the prisoner was released and arrest voided and include: (1) Statement indicating property was returned, if applicable (2) Names of witnesses, if any (3) Supervisor who authorized or was notified of release of prisoner (4) Time of release. 7. Void the arrest using the "Omniform System" under "Arrest Processing Type" and select the "Voided Arrest" option, which will still generate an arrest number. DESK OFFICER 8. Review circumstances of arrest. a. If arrest voided by arresting/assigned officer in "Omniform System": (1) Review OLBS ARREST WORKSHEET/OMNIFORM - ARREST REPORT and ensure that the "Narrative" section include reason(s) for arrest being "voided" (see step "7") (2) Enter "VOIDED ARREST" across the top of the OLBS ARREST WORKSHEET/ONMIFORM - ARREST REPORT. b. If prisoner was already processed and an arrest number generated for booking purposes (not voided by arresting officer): (1) Log into "Omniform System" and select the "Void an Arrest" option under caption "Supervisor Functions" and enter applicable information necessary to void the arrest. (2) Assign uniformed member of the service to prepare, fax and forward ARREST REPORT SUPPLEMENT (PD244-157) to borough court section concerned without delay. a. Ensure the arresting/assigned officer indicates under "Details" section of the ARREST REPORT SUPPLEMENT the reason the arrest was voided (see step "7"). (3) Enter "VOIDED ARREST" across top of the ARREST REPORT SUPPLEMENT and OLBS ARREST WORKSHEET/OMNIFORM ARREST REPORT. 9. Distribute OLBS ARREST WORKSHEET/OMNIFORM ARREST REPORT and ARREST REPORT SUPPLEMENT, as applicable, in normal manner. 10. Ensure copies of all reports are forwarded to the following: a. Patrol borough commander concerned b. Commanding Officer, Identification Section c. Borough Court Section Concerned d. Commanding officer of arresting officer, if different form precinct of occurrence. 11. Notify borough court section of the voided arrest information. 12. Make Command Log entry. 13. Notify precinct commanding officer. PATROL BOROUGH COMMANDER 14. Review report(s) and if satisfied that the release of prisoner was proper, signify by endorsement and return to originating commanding officer. REQUEST BY ASSISTANT DISTRICT ATTORNEY TO "VOID" AN ARREST: ARRESTING OFFICER 15. Inform desk officer/borough court section supervisor that Assistant District Attorney is requesting arrest be "voided" and not "Decline Prosecution." DESK OFFICER/BOROUGH COURT SECTION SUPERVISOR 16. Confer with Legal Bureau regarding request by Assistant District Attorney. LEGAL BUREAU ATTORNEY 17. Confer with Assistant District Attorney concerned and attempt to resolve the issue. 18. Request Assistant District Attorney to treat case as a "Decline Prosecution." a. Confer with supervisory Assistant District Attorney if the Assistant District Attorney will not draw up complaint. b. If all attempts to resolve the issue do not result in the complaint being drawn and the Assistant District Attorney will not treat the case as a "Decline Prosecution" case, then the arrest shall be deemed voided as per the Assistant District Attorney. 19. Notify the desk officer, precinct of arrest and the borough court section supervisor to release the prisoner in accordance with the procedure. DESK OFFICER 20. Make Command Log entry and include the following information: a. Arrest "voided" due to Assistant District Attorney refusal to consider charges b. Name of the Legal Bureau attorney consulted c. Name of the Assistant District Attorney d. Name of the District Attorney's Office supervisor e. Borough court section supervisor concerned. 21. Ensure all information in step "20" is included in the "Narrative" section of the OLBS ARREST WORKSHEET/OMNIFORM ARREST REPORT or the "Details" section of ARREST REPORT SUPPLEMENT, as applicable. 22. Notify borough court section supervisor (via Telephone Message) of final status of prisoner. ADDITIONAL DATA DEPARTMENT POLICY If the precinct or patrol borough commander is not satisfied that the release was proper, the circumstances of the release will be reported to the First Deputy Commissioner and the Chief of Department. The authority to release a prisoner by means of this procedure rests solely with the Police Department. When an arrest is voided for any reason and the person being released has been fingerprinted via Live Scan, one copy of the ON LINE BOOKING SYSTEM ARREST WORKSHEET/OMNIFORM ARREST REPORT or the ARREST REPORT SUPPLEMENT, as appropriate, is to be delivered to the borough court section intake supervisor, borough of arrest. The desk officer will ensure that this is done in a timely manner. The borough court section intake supervisor, borough of arrest, will prepare a communication detailing the circumstances of the voided arrest. This communication will be FAXED to the Division of Criminal Justice Services with the request to seal the defendant's record. All borough court section intake facilities will now maintain a bound log with the following information regarding voided arrests: * The date that the ARREST REPORT SUPPLEMENT was received * OLBS WORKSHEET arrest number * Precinct and location of arrest * Name, shield, and command of arresting officer * Date and time the Division of Criminal Justice Services was notified * Name of the representative from the Division of Criminal Justice Services who acknowledges receipt of the communication from the NYPD along with the date and time of its receipt. The Legal Bureau is responsible for logging and tracking inquires made in accordance with the voiding of any arrest at the request of the Assistant District Attorney. The Legal Bureau may be contacted Monday through Friday 0700 to 2300 hours. At other times, and on weekends, the Legal Bureau duty attorney may be reached through the Operations Division. RELATED PROCEDURES Release of Prisoners Arrested by Other Police Agencies (P.G. 210-15) Release of Prisoners at the Complaint Room at Direction of the Assistant District Attorney (P.G. 210-16) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ARREST REPORT SUPPLEMENT (PD244-157) OLBS ARREST WORKSHEET (PD244-159) P.G. 210-14 Release Of Prisoner - Narcotic Arrest Negative Findings Date Effective: 01-01-00 PURPOSE To expedite the release of a prisoner detained in a Department of Correction facility, when analysis of controlled substance is negative and no other charges are pending. PROCEDURE Upon completion of lab testing and it is discovered that the substance in question did not contain any trace of an illegal controlled substance: POLICE LABORATORY PERSONNEL 1. Notify assistant district attorney concerned by sending a copy of lab report to court and notify arresting / assigned officer concerned by sending a copy of lab report to command when findings are negative. DESK OFFICER 2. Notify arresting officer to disregard scheduled court appearance if NO other charges are pending against prisoner. a. Notify roll call to make notation in Diary of court cancellation. 3. Deliver POLICE LABORATORY CONTROLLED SUBSTANCE ANALYSIS REPORT (PD521-153) to member concerned upon receipt from Police Laboratory. [I.O. 68 s 13] 4. File "ADA Copy" of PROPERTY CLERK INVOICE (PD521- 141) received from Property Clerk Division. ADDITIONAL DATA The District Attorney's Office will notify the Department of Correction to arrange for the release of the concerned prisoner. RELATED PROCEDURES Processing Controlled Substances/Marijuana Stored At Stationhouses (P.G. 218-24) Processing Controlled Substances/Marihuana Not Stored At Stationhouses (P.G. 218-25) [I.O. 68 s 13] FORMS AND REPORTS POLICE LABORATORY CONTROLLED SUBSTANCE ANALYSIS REPORT (PD521-153) PROPERTY CLERK INVOICE (PD521-141) P.G. 210-15 Release Of Prisoners Arrested By Other Police Agencies Date Effective: 08/01/13 PURPOSE To record the release of prisoners by other police agencies. PROCEDURE When a police officer of another agency delivers an arrested person to the stationhouse or borough court section and investigation reveals that that person did not commit the offense alleged or any related offense: DESK OFFICER/BOROUGH COURT SECTION SUPERVISOR 1. Decide whether the prisoner will be released: a. If conflict exists between the desk officer/borough court section supervisor and the arresting officer, the precinct commander/duty captain will make decision. 2. Follow P.G. 210-13, "Release Of Prisoners - General Procedure." 3. Make entry in Telephone Record when notified by another police agency that they have released a prisoner from other than a stationhouse. 4. Notify precinct commander. PRECINCT COMMANDING OFFICER 5. Compare written notification from other police agency with Telephone Record entry. 6. Endorse written notification. 7. Forward endorsed notification through channels to: a. Criminal Justice Bureau b. Identification Section RELATED PROCEDURE Release of Prisoners- General Procedure (P.G. 210-13) P.G. 210-16 Release Of Prisoner At The Complaint Room By Direction Of The Assistant District Attorney Date Effective: 08/01/13 PURPOSE To release a prisoner when the Assistant District Attorney elects not to prosecute a defendant and designates the arrest case as "Decline Prosecution." PROCEDURE Upon being informed by the Assistant District Attorney that the prisoner is to be released and the arrest case has been designated as "Decline Prosecution." ARRESTING OFFICER 1. Obtain copy of the District Attorney's Office Decline Prosecution Letter. (Either via FAX when processing at command or, in person, when processing at the complaint room.) NOTE: When an Assistant District Attorney elects not to prosecute an arrest case which was processed either via the Expedited Affidavit Program or Supporting Deposition Program, borough court section personnel will obtain a copy of the District Attorney's Office Decline Prosecution Letter and follow the borough court section's release of prisoner procedures. 2. Make complete ACTIVITY LOG (PD112-145) entry. 3. Notify desk officer. WHEN ARRESTING OFFICER IS PRESENT AT PRECINCT OF ARREST AND INFORMED BY AN ASSISTANT DISTRICT ATTORNEY THAT THE ARREST CASE HAS BEEN DESIGNATED AS "DECLINE PROSECUTION" DESK OFFICER 4. Direct arresting officer to determine if prisoner has an active warrant. ARRESTING OFFICER 5. Conduct a warrant name check (WNAM) via FINEST SYSTEM . 6. Ascertain from the borough court section if the Criminal History printout ("Rapsheet") has been received. DESK OFFICER 7. Direct prisoner be immediately released, if prisoner is present at command or a hospital facility, after it has been established there is no active warrant through warrant check and "Rapsheet." NOTE: The release of a prisoner will not be delayed solely because the "Rapsheet" has not yet been received. 8. Direct the arresting officer to process the arrest solely on the authority of the active warrant, if the prisoner has active warrant. NOTE: In a designated "Decline Prosecution" case, the arresting officer will continue to process the arrest case only when it has been determined that the prisoner has an active warrant. The arresting officer will not process the prisoner on any of the original arrest charges that were designated by the Assistant District Attorney as "Decline Prosecution." 9. Notify borough court section supervisor of either prisoner's release, or that prisoner is being processed solely on the authority of active warrant. (This will enable the borough court section to make the appropriate On Line Prisoner Arraignment (OLPA) system entries.) 10. Notify the borough court section supervisor that an Assistant District Attorney has designated the arrest case as "Decline Prosecution", if the prisoner is en route to, or present at the borough court section. 11. Direct arresting officer to FAX the District Attorney's Office Decline Prosecution Letter to the borough court section supervisor. a. Borough court section's release of prisoner procedures will then be followed. 12. Make appropriate log entries and ensure that the District Attorney's Office form letter is filed. IF ARRESTING OFFICER IS PRESENT AT THE COMPLAINT ROOM AND INFORMED BY AN ASSISTANT DISTRICT ATTORNEY THAT THE ARREST CASE HAS BEEN DESIGNATED AS "DECLINE PROSECUTION" ARRESTING OFFICER 13. Notify, and provide a copy of the District Attorney's Office Decline Prosecution Letter to the borough court section supervisor. NOTE: In a case where a prisoner is hospitalized, the arresting officer must also notify and FAX a copy of the District Attorney's Office Decline Prosecution Letter to the command's desk officer who will direct the release of the prisoner after establishing that there is no active warrant. If the prisoner has an active warrant, the desk officer will assign a uniformed member of the service to process the prisoner solely on the authority of the active warrant. 14. File the District Attorney's Office Decline Prosecution Letter in arrest folder, upon return to command. BOROUGH COURT SECTION SUPERVISOR 15. Have the appropriate OLPA system entries made when notified by the desk officer that the prisoner has been released, or that the prisoner will be processed solely on the authority of an active warrant. 16. Direct, when notified by a desk officer or by an arresting officer in person, that an arrest case of a prisoner who is en route to, or present at, the borough court section has been designated as "Decline Prosecution," and is in receipt of a District Attorney's Office Decline Prosecution Letter: a. The immediate release of the prisoner after the borough court section has determined that there is no active warrant. The release of a prisoner will not be delayed solely because the "rapsheet" has not been received. (This procedure will be adhered to regardless of prisoner's lodging location [e.g. borough court section or lodged over night at the precinct stationhouse.]) OR b. Direct either the arresting officer, if present, or have borough court section personnel process the prisoner solely on the authority of the active warrant, if the prisoner has an active warrant. (In this case, the arresting officer will only be utilized to process the prisoner when the prisoner is lodged at the borough court section and the arresting officer is present at the courthouse.) NOTE: When a prisoner who is to be released is lodged over night at a precinct stationhouse, the borough court section supervisor must notify and FAX a copy of the District Attorney's Office form letter to the desk officer concerned. Upon receipt of a District Attorney's Office form letter, the desk officer of the precinct concerned will release prisoner and make appropriate log entries. FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 210-17 Arrest Processing Of Pre-Arraignment Prisoners Designated As "Special Category" Date Effective: 08/01/13 PURPOSE To ensure that all pre-arraignment prisoners in custody at precinct, transit district, police service area, and borough court section holding pens are medically screened by Emergency Medical Service (EMS) personnel located at the borough court sections. SCOPE Presently, EMS personnel are assigned to all patrol borough court sections with the exception of the Staten Island Court Section. On Staten Island it is the supervisor at the court section and not EMS personnel that screens prisoners. This supervisor makes the determination as to whether or not a prisoner will be designated as special category. For the purposes of this procedure this practice will remain in effect only in the Staten Island Court Section. DEFINITION SPECIAL CATEGORY PRISONER - A "Special Category Prisoner" is a prisoner who should be removed from the general population for any of the following reasons: a. because of a medical condition or physical disability b. for any reason that would lead one to believe that placing that prisoner in a general population of prisoners may pose a safety risk to that prisoner or other prisoners. c. for any other reason that would lead one to believe that placing that prisoner in a general population of prisoners may pose a health risk to that prisoner or other prisoners. The following will not be designated as "Special Category" prisoners: a. Hospitalized prisoners (Refer to P.G. 210-02, "Hospitalized Prisoners") b. Prisoners who will be issued Desk Appearance Tickets or summonses and released directly from the precinct, transit district, or police service area. PROCEDURE Upon transporting a pre-arraignment prisoner to the appropriate borough court section: UNIFORMED MEMBER OF THE SERVICE CONCERNED 1. Ensure that prisoner is medically screened by EMS personnel as soon as possible. BOROUGH COURT SECTION SUPERVISOR 2. Determine, in conjunction with EMS personnel, whether prisoner should be designated a "Special Category Prisoner." GUIDELINES FOR HANDLING "SPECIAL CATEGORY PRISONERS": 3. Ensure that notation is made in the "Detention Alert" caption of Prisoner Movement Slip along with the reason for the designation, e.g. medical, safety risk, disability, etc. 4. Direct that a "Special Category Prisoner" be lodged in a separate cell from the general pre-arraignment population. 5. Ascertain, in consultation with EMS personnel, whether or not it is advisable to house more that one "Special Category Prisoner" in a cell. 6. Have MEDICAL TREATMENT OF PRISONER (PD244-150) form prepared for each "Special Category Prisoner." 7. Ensure that "Yes" box in caption "Recommend Prisoner Be Separated From General Population" on MEDICAL TREATMENT OF PRISONER form is checked. 8. Ensure that all "Special Category Prisoners," originally screened by EMS personnel at the borough court section, are subsequently screened upon returning from any hospital, as applicable. 9. Oversee and expedite the processing of all "Special Category Prisoners" and their co-defendants, if any. 10. Ensure that prisoners lodged in separate cells at precinct, district, or police service area commands are transported to the appropriate arraignment part at court, when necessary. ADDITIONAL DATA LODGING "SPECIAL CATEGORY" PRISONERS The decision of whether or not to house more than one such prisoner in a cell will be based on whether, given the particular reasons for designating them as "Special Category," the prisoners pose a safety or health risk to one another. It is preferable to lodge "Special Category Prisoners" in separate cells at the borough court section. However, if this is not possible, the borough court section supervisor will direct that the prisoner be temporarily lodged in a separate cell in a precinct, district, or police service area command. Supervisors will make every reasonable effort to provide separate and physically adequate accommodations for special category prisoners that are being processed or lodged in their facilities. Reasonable efforts will be made to avoid handcuffing prisoners to chairs, railings, etc. for extended periods of time. OPERATIONAL CONSIDERATIONS A prisoner may be designated "Special Category" at a subsequent screening by EMS personnel, as appropriate. "Special Category Prisoners" will be given prioirty status at every stage of the pre-arrainment process including placing their names on the "Medical Expedite" list maintained at the borough court sections. All prisoners who are identified as being infected with, or suspected of carrying an actively contagious disease, such as tuberculosis, will be sent to the hospital immediatgely. RELATED PROCEDURES Hospitalized Prisoners (P.G. 210-02) Prisoners Requiring Medical/Psychiatric Treatment(P.G. 210-04) FORMS AND REPORTS MEDICAL TREATMENT OF PRISONER (PD244-150) P.G. 210-18 Debriefing Of Prisoners Date Effective: 10-16-13 PURPOSE To provide a central repository of criminal intelligence received from prisoners and improve communications and sharing of information among Department units. SCOPE All prisoners in custody of this Department and all new arrestees must be debriefed by a member of the service. For the purposes of this procedure, the debriefing member of the service may be an investigator from the Detective Bureau, Organized Crime Control Bureau (OCCB), Intelligence Bureau, a Field Intelligence Officer (FIO), Anti-Crime / Street Narcotics Enforcement Unit (SNEU) supervisor, desk officer etc. Police officers will not normally conduct debriefings. DEFINITIONS POSITIVE DEBRIEFINGS - Specific information received from a prisoner during the course of an interview regarding crime, criminal activity, or evidence related to a crime that is not related to the current arrest charges against the prisoner. For the purpose of this definition, a prisoner is to include new arrestees, and parolees, probationers, and inmates in custody. NOTE: A confession / admission is a statement (oral or written) made by a prisoner during the course of an interview which acknowledges guilt or involvement. A confession / admission on a new arrest is NOT considered a positive debriefing. Enhancements are augmentations of certain designated arrests conducted by an appropriate investigative unit for the purpose of enhancing the prosecutability of that arrest. A confession / admission is a goal of the enhancement. Case enhancement is NOT considered a positive debriefing. Should an allegation of corruption or serious misconduct arise out of a prisoner debriefing, the member of the service obtaining the information shall follow established Department guidelines regarding the reporting of such matters. PROCEDURE Upon debriefing a prisoner in custody of this Department: DEBRIEFING MEMBER OF THE SERVICE 1. Log all debriefings into a log with general captions across a double page as follows: FIRST PAGE DATE TIME COMMAND SERIAL# PRISONER NAME NYSID ARRESTCHARGE SECOND PAGE ARRESTING OFFICER DEBRIEFING MOS RESULTS INTELLIGENCE NAME /COMMAND (positive or negative) REPORT # NOTE: All commands where arrests are debriefed are responsible for maintaining a debriefing log. To ensure the debriefing log is properly maintained, desk officers will inspect the log each tour and make a Command Log entry of the results. Commands which possess the technical capability may utilize a computer database in lieu of the above log but shall comply with the above captions when creating the database. If a database is used, a hardcopy of the debriefings will be printed out, maintained in a binder and safeguarded. FOR ALL POSITIVE DEBRIEFINGS WHICH YIELD INTELLIGENCE NOT RELATED TO AN ACTIVE CRIMINAL INVESTIGATION: 2. Prepare a COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081a) to record the information. 3. Notify, by telephone, any other units or commands that may be concerned, and record the name of the receiving member of the service in the COMPLAINT FOLLOW-UP INFORMATIONAL "Details" section. a. An immediate response, if appropriate, will be made by the concerned unit / command for the purposes of personally debriefing the subject. 4. Telephone the Criminal Intelligence Section, upon completion of debriefing to relay the basic information necessary for the preparation of an Intelligence Report (date, time, name of person debriefed, MOS debriefing, brief description of information obtained, command concerned, etc.) for input into the Intelligence Data System (IDS). a. Record the Intelligence Report and Positive Debriefing numbers received from the Criminal Intelligence Section in the COMPLAINT FOLLOW-UP INFORMATIONAL "Details" section. NOTE: If more than one uniformed member of the service or if an outside law enforcement member (i.e., Joint Federal Task Force, etc.) debriefs prisoner, a telephone notification to the Criminal Intelligence Section must be made and the information in step 4 provided. 5. Forward copies of the COMPLAINT FOLLOW-UP INFORMATIONAL to the investigative unit concerned. a. The FIO concerned will be responsible for reviewing all IDS entries for positive debriefings in their respective commands. b. Ensure a copy of the COMPLAINT FOLLOW-UP INFORMATIONAL has been forwarded and received by the appropriate investigative unit after reviewing the IDS. FOR ALL POSITIVE DEBRIEFINGS WHICH YIELD INTELLIGENCE ON AN ACTIVE CRIMINAL INVESTIGATION: 6. Telephone the investigator / supervisor responsible for the active investigation and relay the information obtained through the debriefing. NOTE: The investigator / supervisor responsible for the active investigation will respond and personally debrief the prisoner if appropriate and fully investigate the veracity of the information provided. The active case investigator / supervisor will be responsible for documenting any information pertinent to the active case on a COMPLAINT FOLLOW-UP INFORMATIONAL after thoroughly investigating the information, and include it in the case folder. 7. Telephone the Criminal Intelligence Section, upon completion of debriefing to relay the basic information necessary for the preparation of an Intelligence Report (date, time, name of person debriefed, MOS debriefing, brief description of information obtained, command concerned, etc.) for input into IDS. INVESTIGATOR/ SUPERVISOR RESPONSIBLE FOR ACTIVE INVESTIGATION 8. Record the Intelligence Report and Positive Debriefing numbers in the COMPLAINT FOLLOW-UP INFORMATIONAL "Details" section. NOTE: In situations where information obtained relates to an active criminal investigation, the appropriate precinct/Borough Transit/Patrol Borough Housing FIO will conduct a follow-up conferral within seventy two hours with the investigator assigned to ensure a COMPLAINT FOLLOW-UP INFORMATIONAL has been prepared in conjunction with the original IDS entries. CRIMINAL INTELLIGENCE SECTION 9. Obtain information for the preparation of an Intelligence Report. 10. Enter the information into the IDS system and furnish an Intelligence Report number to the calling command. a. Issue a Positive Debriefing Log number to members of the service notifying the Criminal Intelligence Section of a positive debriefing. 11. Track Intelligence Reports relating to active criminal investigations and generate a notification to the FIO concerned after seventy two hours to ensure proper follow up. PRECINCT/BOROUGH TRANSIT/PATROL BOROUGH HOUSING FIELD INTELLIGENCE OFFICER 12. Review IDS system where the information obtained relates to an active criminal investigation and conduct a follow-up conferral within seventy two hours with the investigator assigned. 13. Ensure copies of positive debriefing COMPLAINT FOLLOW-UP INFORMATIONALS have been forwarded to the appropriate investigative unit after review of the original IDS entries. ADDITIONAL DATA Criminal Procedure Law 240.45(1)(a), also referred to as the "Rosario rule," requires the prosecutor to make available to the defendant any written or recorded statements made by a person whom the prosecutor intends to call as a witness at trial and which relates to the subject matter of witness' testimony. Failure to preserve and provide such statements to the defense can have an impact on the outcome of a criminal trial and in some cases, provide a basis to overturn a conviction. Information obtained through debriefing of prisoners and which is included in an Intelligence Report can sometimes be covered by this rule. Similarly, if an FIO includes in the IDS system information about an active investigation obtained from the case investigator, that information also may constitute "Rosario" material if the investigator testifies at trial. Therefore, case investigators should include in their case folders printouts from the IDS system of information transmitted by the FIO or case investigator. In addition, if a debriefing results in the opening of a new investigation, a copy of the IDS printout detailing the information provided by the debriefed prisoner should be included in the new investigation folder. FORMS AND REPORTS COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081a) Court and Agency Appearances P.G. 211-01 Duties And Conduct In Court Date Effective: 08/01/13 PURPOSE To provide uniform standards for a uniformed member of the service appearing in court. PROCEDURE When a uniformed member of the service is required to appear in court, before a Grand Jury or other government agency: UNIFORMED MEMBER OF THE SERVICE 1. Appear in uniform if assigned to duty in uniform except if: a. Off duty b. On sick report or restricted duty c. Required to arraign deferred or holdover prisoner d. Authorized by commanding officer. NOTE: A member is required to appear in uniform when such attendance is requested by the District Attorney providing the member concerned is NOT listed as an exception in step 1, subdivisions a through d, above. When reporting in uniform, the uniform shirt and tie MUST be worn if the outermost garment is to be removed. 2. Report to Police Sign-In Room and submit IDENTIFICATION CARD (PD416-091) and COURT ATTENDANCE RECORD (PD468-141) to supervising member/designee. 3. Inform supervising member/designee if scheduled to appear in more than one part of court, before another government agency, or if on a court alert. a. Notify supervising member/designee if appearing on off duty time. POLICE ROOM SUPERVISOR/DESIGNEE 4. Notify other court part or government agency that member is present in another court part. UNIFORMED MEMBER OF THE SERVICE 5. Wear appropriate business attire, if appearing in civilian clothes, at post-arraignment proceedings. NOTE: Proper business attire requires male members of the service to wear a dress shirt with collar and tie, suit or sports coat, dress trousers, and female members of the service to wear dress or appropriate suit. No member of the service will appear wearing dungarees or sneakers. 6. Wear shield on outermost garment at all times while in court building or portion of building under court jurisdiction. 7. Take meal period when court recesses for lunch and enter location of meal in ACTIVITY LOG (PD112-145). 8. Report to police room if required to leave court building for reason other than meal (prior to leaving and upon return). 9. Refrain from discussing case with defendant, defendant's attorney or any other unauthorized person EXCEPT with the consent, and in the presence of the District Attorney. 10. State full name, rank, shield number and command when sworn as a witness. 11. Have ACTIVITY LOG and evidence available at each appearance. 12. Give testimony as follows: a. Understand question before answering; request clarification if necessary. b. Remain calm, impartial and speak distinctly. c. Answer truthfully and completely. 13. Request adjournment to day when performing duty with the 2nd Platoon or if a detective, when performing day duty. 14. Inform judge when adjourned date is on scheduled day off. 15. Telephone desk officer if detained in court past end of tour. 16. Report to police room at conclusion of court appearance and obtain completed COURT ATTENDANCE RECORD. 17. Ascertain the status of other scheduled appearance prior to signing out of court. 18. Return evidence, if any, to Property Clerk. 19. Notify desk officer/counterpart by telephone immediately upon dismissal from Police Sign-In Room and comply with instructions received. DESK OFFICER 20. Make notation of uniformed member's dismissal and instructions given on appropriate Department record. 21. Make entry on ROLL CALL (PD406-144) indicating time of return and assignment of member. 22. Check COURT ATTENDANCE RECORD. DESIGNATED CLERICAL MEMBER 23. File COURT ATTENDANCE RECORD at command in chronological order in a separate folder. INTEGRITY CONTROL OFFICER 24. Examine ROLL CALLS for the preceding week to identify uniformed members who made appearances in court, Grand Jury, etc., and compare COURT ATTENDANCE RECORD with OVERTIME REPORT (PD138-064). 25. Ascertain if entries on ROLL CALL reflect time of return for those uniformed members who were not dismissed directly from court. NOTE: All of the above duties may not be applicable at every appearance in court, before Grand Jury or other government agency. RELATED PROCEDURES General Procedure - Prisoners (P.G. 210-01) Prevention Of Appearance In Court On Scheduled Regular Day Off (P.G. 211-07) Notifications To Appear At Court Or Other Governmental Agencies (P.G. 211-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COURT ATTENDANCE RECORD (PD468-141) IDENTIFICATION CARD (PD 416-091) OVERTIME REPORT (PD138-064) ROLL CALL (PD406-144) P.G. 211-02 Arraignment Date Effective: 01-01-00 Procedure Deleted [Rev 01-01] P.G. 211-03 Arraignment Without A Complaint Date Effective: 01-01-00 Procedure Deleted [Rev 01-01] P.G. 211-04 Computerized Court Appearance Control System (CACS) Date Effective: 08/01/13 PURPOSE To effectively monitor and control appearances by members of the service (uniformed and civilian) at various courts, other governmental agencies, the Department Advocate's Office, and for District Attorney's assignments, via a formal notification process utilizing the computerized Court Appearance Control System (CACS), except on Staten Island. DEFINITION SHORT DATE NOTIFICATION - A notification for a member of the service to appear the next day, or a notification delivered on a Friday for a member to appear on the following Monday. Because these notifications are time sensitive, and may be received at an hour when the roll call office is closed, CACS has been designed to automatically transmit these notifications to the command's FINEST or LAN printer. PROCEDURE When an authorized governmental agency or the Appearance Control Unit utilizes the CACS to request the appearance of a member of the service at a court (Supreme Court, Grand Jury, Civil Court, Family Court, Criminal Court, Summons Adjudication Part [SAP] Court), a governmental agency, or for a District Attorney's assignment: ROLL CALL CLERK 1. Access the computerized CACS to acknowledge all outstanding notifications directed to their command, as follows: a. At the beginning of each business day b. At the midpoint of the roll call office's hours of operation for that day c. One half hour prior to close of roll call office. 2. Bring the notification to the attention of the operations coordinator or counterpart if the requested member is scheduled to appear on a regular day off (RDO), other than a short date notification. 3. Prepare a separate NOTIFICATION (PD406-122) for each court appearance. 4. Comply with P.G. 211-05, "Processing Notification To Appear At Court Or Other Governmental Agencies." a. If the notification is a request for Department documents comply with P.G. 211-18, "Processing Request for Police Department Documents Received from Assistant District Attorneys and Assistant Corporation Counsels." 5. Enter updates into the CACS, on a daily basis, or as necessary. This will normally be done: a. After the copy portion of the NOTIFICATION has been signed and returned by the member of the service concerned b. To indicate when attempts to notify an off duty member of the service about a court appearance have been unsuccessful c. Whenever a member of the service cannot appear in court due to sickness, bereavement leave, authorized annual vacation, etc. NOTE: In the instances cited in subdivisions "5b" and "5c" above, notify the assistant district attorney concerned to enable the assistant district attorney to reschedule the case and inform the other parties involved in the proceeding that the member will not be present. 6. Utilize the CACS electronic re-routing feature to forward notifications to a member's new command, when the member has been transferred. 7. Provide the desk officer/supervisor on duty with any outstanding notifications that must be made prior to the re-opening of the roll call office. DESK OFFICER/SUPERVISOR 8. Monitor FINEST or LAN printer for short date notifications. 9. Log notifications into FINEST Message Log. 10. Inform roll call personnel of notification immediately, if office is open. 11. Attempt to immediately notify member of the service. 12. Return all notifications received and processed, whether successfully served or not, to the roll call clerk the next business day for a notification update entry into CACS. a. When a member of the service is not at the command (e.g., regular day off RDO, at training session, etc.) attempt to notify the member of the service by telephone. All such attempts must be documented in the Telephone Record. 13. Give incomplete short date notifications to the relieving supervisor, or if available, to the roll call personnel, who will continue to attempt to notify the member of the service. OPERATIONS COORDINATOR/COUNTERPART 14. Contact the District Attorney's office concerned when informed by roll call that member is scheduled to appear in court on an RDO, other than a short date. a. Ascertain the necessity for the RDO court appearance. b. When possible have court appearance rescheduled for a date other than the member's RDO. MEMBER OF THE SERVICE 15. Report to the police room as directed on the NOTIFICATION and follow instructions of the Court Section supervisor. 16. Use IDENTIFICATION CARD (PD 416-091) to sign into court. (If circumstances warrant, request sign-in room personnel to record your presence via a manual computer entry.) a. Failure to properly sign in and out of court will result in the member of the service being considered not present for court and may result in disciplinary action. 17. Comply with P.G. 211-01, "Duties and Conduct in Court." 18. Report immediately to the Police Sign-In Room at the conclusion of the court appearance and obtain the completed COURT ATTENDANCE RECORD (PD468-141). 19. Notify command desk officer via telephone immediately upon dismissal from police sign-in room and comply with instructions received. 20. Deliver COURT ATTENDANCE RECORD to desk officer when instructed to return to command or, if otherwise instructed, at earliest possible convenience. DESK OFFICER 21. Make notation of either member of the service dismissal, or instruction(s) given to member, on appropriate Department record. POLICE ROOM PERSONNEL 22. Ensure that member's presence for an appearance at court is entered into the CACS immediately upon member's arrival at the sign-in room. 23. Enter the necessary court information into the CACS, when the member reports to the police room at the conclusion of the member's court appearance. a. This includes selecting and then entering the proper court action code to record the outcome of the court appearance (e.g. testified, District Attorney not ready, no complainant or witness, adjourned, took plea, etc.). 24. Give the COURT ATTENDANCE RECORD to the member of the service for return to desk officer/counterpart at the member's command. APPEARANCE CONTROL UNIT 25. Enter into the CACS, notifications received from governmental agencies which are not enabled with this system. 26. Telephone commands immediately, when notifications are received, which are directed to commands not enabled in the CACS. 27. Resolve any conflicts that may occur, (e.g., member of the service unable to appear, sick, conflicting court appearance, etc.) 28. Monitor the attendance of all members of the service at court. UPON MEMBER'S NON-APPEARANCE AT SUMMONS ADJUDICATION PART (SAP) COURT: COURT MONITORING UNIT 29. Make entry into the Non-Appearance Tracking System for members of the service that failed to appear at Summons Adjudication Part (SAP) Court. INTEGRITY CONTROL OFFICER 30. Monitor the Non-Appearance Tracking System for new SAP non-appearance notifications. 31. Investigate and ascertain reason for non-appearance at SAP Court. a. If an integrity control officer is unavailable, the commanding/ executive officer must monitor the Non-Appearance Tracking System and conduct non-appearance investigations. 32. Notify Internal Affairs Bureau (IAB) Command Center and obtain log number when: a. One or more cases were dismissed due to non-appearance by a member of the service, AND b. Member of the service was properly notified of the scheduled appearance, AND c. Non-appearance was not an authorized cancellation, as follows: (1) Sick, after conferral with district surgeon reveals member is incapable to appear (2) On annual vacation selection (3) On military leave (4) On bereavement leave (5) On terminal leave and/or other paid leave contiguous with terminal leave (e.g., vacation, lost time, chart day, etc.), OR d. Any other circumstance where corruption or misconduct is suspected. 33. Take disciplinary action, if appropriate, in instances where an IAB notification is not required. 34. Document findings and action(s) taken by entering investigative results in the Non-Appearance Tracking System within fourteen days. 35. Forward a copy of the closing report to IAB, Records Unit if non-appearance investigation was assigned as an Outside Guidelines (OG) case. COMMANDING OFFICER 36. Monitor non-appearance investigations being conducted by the command's integrity control officer. a. Ascertain reasons for non-appearance and take appropriate action(s) as necessary. BUREAU/BOROUGH INVESTIGATIONS UNIT 37. Ensure integrity control officers investigate non-appearance at SAP Court and report results through the Non-Appearance Tracking System. COURT MONITORING UNIT NON-APPEARANCE COORDINATOR 38. Monitor the Non-Appearance Tracking System. a. Ensure commands report results of non-appearance investigations, via the Non-Appearance Tracking System, within fourteen days b. Return deficient non-appearance investigations for necessary corrective action/further investigation. (1) Ensure returned investigations are corrected and re-submitted via the Non-Appearance Tracking System. ADDITIONAL DATA During court proceedings a judge or assistant district attorney may instruct a member of the service to appear in court at a later time or date. If this occurs, the member of the service must then notify their desk officer/roll call clerk, who in turn will notify the Appearance Control Unit. The member of the service will make such a notification to his/her command, via telephone, immediately upon dismissal from the police sign-in room. A member of the service must appear in court as directed by the judge or assistant district attorney, whether or not an Appearance Control Unit or CACS notification is received, unless notified that the appearance had been cancelled. If the requesting party/agency (e.g., assistant district attorney, hearing officer at the Department of Consumer Affairs, etc.) calls a command's roll call or desk officer to cancel an appearance by a member of the service, the requesting party/agency will be reminded to enter such a cancellation into the CACS system. This will prevent the member of the service from being charged with a failure to appear in court. The CACS is interfaced with the Automated Roll Call System (ARCS). This enables a requesting agency, such as the District Attorney's Office, to tell at a glance if the proposed date selected for a court appearance is the members RDO, annual vacation, etc. This feature allows the District Attorney to avoid using that date, thereby reducing court related overtime. For this aspect of the system to be effective, commands must ensure that their members vacation schedules, chart changes, etc. are updated in ARCS in a timely fashion. Every morning at 1000 hours all commands, which use the CACS, receive a computer-generated report listing the names of members who have failed to appear in court by 1000 hours that day. (This report does not include alerts that have not yet been activated.) In precincts, PSAs, Transit Districts, etc., this report prints at the desk's or roll call's terminal. In specialized units, this report prints at the unit's FINEST or LAN printer. The desk officer/supervisor on duty who receives this report must make every effort to ensure that those members who are listed as "no shows" actually appear in court as required. The commanding officer will use the CACS computer, FINEST or LAN generated report to investigate why each "no show" member failed to appear in court (other than SAP Court) and then take appropriate disciplinary action, as necessary. If negligence or misconduct is found, or court cases are dismissed due to member's absence, the commanding officer will comply A.G. 316-44, "Supervision of Uniformed Members of the Service at Court." Each business day, the commanding officer will forward a communication to the investigations unit in the overhead command, identifying members of the service who failed to appear in court, including the reasons for the non-appearances and the disciplinary actions taken, if any. RELATED PROCEDURES Duties and Conduct in Court (P.G. 211-01) Processing Notifications to Appear at Court and other Governmental Agencies (P.G. 211-05) Processing Request for Police Department Documents Received from Assistant District Attorneys and Assistant Corporation Counsels (P.G. 211-18) Supervision of Uniformed Members of the Service at Court (A.G. 316-44) FORMS AND REPORTS COURT ATTENDANCE RECORD (PD468-141) IDENTIFICATION CARD (PD 416-091) NOTIFICATION (PD406-122) P.G. 211-05 Processing Notifications To Appear At Courts And Other Government Agencies Date Effective: 08/01/13 PURPOSE To effectively monitor and control, via a formal notification process, appearances by members of the service (uniformed and civilian) at various courts, CCRB, other government agencies and for District Attorney's assignments. In addition, this procedure takes into account the different command structures within the Department and requires commanding officers to incorporate this procedure into the circumstances of his/her command, ensuring compliance with the notification process. SCOPE With the establishment of the computerized Court Appearance Control System (CACS), the Appearance Control Unit's responsibilities were re-defined in order to more effectively monitor and control the appearance process. Appearance Control Unit functions include: a. Processing requests and making notifications for members of the service to appear in court or other governmental agencies. (Appearance Control Unit will only make notifications for commands that have not yet been enabled in the CACS) b. Maintaining a liaison between this Department, the District Attorney's Office and other related agencies c. Mediating and resolving conflicting court appearances d. Maintaining required records and statistical data. DEFINITIONS DISTRICT ATTORNEY'S ASSIGNMENT - Any assignment, including field assignments, requested by the District Attorney's Office for the purpose of case or trial preparation. ENABLED COMMAND - Commands with access to the computerized Court Appearance Control System (CACS). NON-ENABLED COMMAND - Commands that receive their notifications through the Appearance Control Unit/Borough Court Section concerned. DESIGNATED SUPERVISOR - Supervisor assigned by the commanding officer to ensure notifications are distributed and accounted for. ROLL CALL CLERK/DESIGNATED MEMBER - Member assigned by the commanding officer to process notifications received from Appearance Control Unit or CACS. PROCEDURE When a notification is received at the requested member's command from the Appearance Control Unit, or the CACS for commands enabled in this system, or by subpoena, or as the result of a verbal instruction given by a Judge, Assistant District Attorney, or Corporation Counsel member to appear at a Grand Jury, Court (Supreme, Civil, Criminal, or Family), for trial preparation, a government agency, or for a District Attorney's assignment: APPEARANCE CONTROL UNIT 1. Notify member's command of scheduled appearance. a. Enter all appearances in CACS even if the command is not enabled in CACS. This includes administrative appearances and appearances at smaller courts, such as ECB, SLA, etc. NOTE: A telephone notification for members of the service to appear will not be accepted at any command unless received from the Appearance Control Unit, or if closed, the Borough Court Section concerned. Notifications are made in this manner for commands that are not yet enabled in the CACS. ASSISTANT DISTRICT ATTORNEY 2. Notify member's command via the CACS or Appearance Control Unit. ROLL CALL CLERK / DESIGNATED MEMBER 3. Immediately notify the requesting agency and the Appearance Control Unit, if a member is unable to appear for a scheduled appearance. a. Cancellation will be accepted only if member is: (1) Sick, after conferral with district surgeon reveals member is incapable to appear (2) On annual vacation selection (3) On military leave (4) On bereavement leave (5) On terminal leave and/or other paid leave contiguous with terminal leave (e.g., vacation, lost time, chart day). Appearance Control Unit authorized appearances for uniformed members while on terminal leave will be compensated as per the appropriate overtime rate. 4. Make entry in Command Diary if the appearance notification was not received via the CACS. 5. Promptly notify the roll call clerk/designated member in member's new command: a. When receiving a notification for a member that has been transferred, or b. Re-route electronically if notification was received via the CACS. 6. Utilize the printed CACS notification or prepare a separate NOTIFICATION (PD406-122) slip for each court appearance received via CACS, Appearance Control Unit, Borough Court Section concerned, subpoena, or verbal instructions from a Judge, Assistant District Attorney, or a Corporation Counsel member, etc. 7. Prepare NOTIFICATION RECAP(S) (PD168-122), ensure that the following captions are completed: a. Column "A" and Column "B" b. "Roll Call Clerk/Designated Member (Rank/Title, Name)", "Tax No.", "Command" c. "Date", "Page of ", "Platoon/Tour." 8. Attach NOTIFICATION(S) to NOTIFICATION RECAP(S) and submit to desk officer/designated supervisor for distribution. a. Retain one copy of the NOTIFICATION RECAP at roll call. NOTE: One copy of the NOTIFICATION RECAP must be retained at the roll call office. This will enable roll call staff to determine what notifications are outstanding and will assist command staff to ensure compliance with notifications. DESK OFFICER / DESIGNATED MEMBER 9. Prepare the following captions on NOTIFICATION RECAP: a. "Desk Officer/Designated Supervisor (Rank/Title Name)", "Tax No.", "Command." 10. Distribute NOTIFICATION(S) and attach the following to NOTIFICATION RECAP: a. Appropriate copy of NOTIFICATION(S) served b. NOTIFICATION(S) that were unable to be served. 11. Verify distribution of NOTIFICATION(S) by completing the following captions on NOTIFICATION RECAP: a. Columns "C" and "D" b. "Verified by Desk Officer/Designated Supervisor (Rank/Title, Signature)", "Tax No.", "Command." 12. Forward NOTIFICATION RECAP with NOTIFICATION(S) to Roll Call/designated member. ROLL CALL CLERK 13. Review NOTIFICATION RECAP(S) and ensure that all NOTIFICATION(S) are accounted for. a. Notify Appearance Control and update CACS as required and make appropriate entries in Column "E" of NOTIFICATION RECAP(S) as necessary. 14. Retain "Roll Call File" copy of NOTIFICATION RECAP and distribute remaining copies as delineated on form to the integrity control officer and operations coordinator. OPERATIONS COORDINATOR / DESIGNATED SUPERVISOR 15. Review appropriate copy of NOTIFICATION RECAP(S), ensure that all members of the service are notified of their court and/or other governmental agency appearances and file. 16. Ensure that the roll call clerk/designated member promptly: a. Notifies Appearance Control regarding notifications(s) that require cancellation OR b. Enters the appropriate notification dispositions into the CACS for notifications received via that system. NOTE: This action will enable an Assistant District Attorney to know which requested members of the service will actually appear in court and/or the reason(s) why they will not. 17. Direct that the roll call clerk/designated member inform the Appearance Control Unit and update the CACS accordingly for notifications received via that system, when the status of a notification disposition changes (i.e., member was notified to appear, but is now on sick leave). a. The requesting agency will also be notified. INTEGRITY CONTROL OFFICER 18. Review appropriate copy of NOTIFICATION RECAP(S) for accuracy, completeness, compliance and file. MEMBER OF THE SERVICE 19. Sign and promptly return copy portion of NOTIFICATION to desk officer/designated supervisor/roll call clerk/designated member. 20. Comply with instructions received from desk officer/designated supervisor/roll call clerk/designated member. ON DATE OF COURT APPEARANCE 21. Perform duty with second platoon. 22. Muster in command in uniform or as otherwise authorized by the commanding officer. 23. Bring all necessary arrest documents to each court appearance (i.e., ACTIVITY LOG (PD112-145) entries, arrest forms, requested evidence, etc.). NOTE: Members of the service should understand that the release of documents is governed by P.G. 211-15, "Processing Subpoenas for Police Department Records and Testimony by Members of the Service." Under no circumstances will records be forwarded to an attorney (other than an Assistant District Attorney or Assistant Corporation Counsel) without prior consolation with the Document Production Unit. 24. Report to Police Sign-In Room at the specific time stated on appearance notification. 25. Comply with provisions of Department Manual pertaining to court appearances, as appropriate. 26. Contact the desk officer at least one hour prior to completion of tour if required to continue assignment beyond normal end of tour. 27. Notify desk officer if not interviewed within two hours after arrival at the District Attorney's Office for trial preparation. NOTE: When notified as per step "26" or "27", the desk officer will confer with the assigned Assistant District Attorney or Assistant District Attorney's Supervisor to determine if the member's services are required or if the member should return to command. CONFLICTING COURT APPEARANCES AND NOTIFICATIONS FROM AUTHORITIES OTHER THAN THE APPEARANCE CONTROL UNIT OR CACS 28. Notify desk officer/designated supervisor/roll call clerk/designated member if instructed to appear at court, District Attorney's office or other government agency and: a. In receipt of a subpoena or b. Verbal instructions for appearance have been received from a Judge, Assistant District Attorney, or Corporation Counsel member or c. There are conflicting appearances for the same day. DESK OFFICER / DESIGNATED SUPERVISOR/ ROLL CALL CLERK / DESIGNATED MEMBER 29. Immediately notify the Appearance Control Unit when informed of any of the above situations as per step "28", and a. Prepare NOTIFICATION and document on NOTIFICATION RECAP. b. Direct member of the service to appear in court as per the subpoena or verbal instructions. c. Direct member to sign and promptly return NOTIFICATION. NOTE: The Appearance Control Unit will mediate all conflicting court appearances and inform the command of the results. SHORT DATE NOTIFICATION NOTE: A "short date notification" is a notification for a member of the service to appear the next day, or a notification delivered on a Friday for a member to appear on the following Monday. Because these notifications are time sensitive, and may be received at an hour when the roll call office is closed, CACS has been designed to automatically transmit these notifications to the command's FINEST or LAN printer. DESK OFFICER / DESIGNATED SUPERVISOR 30. Monitor the FINEST or LAN printer for "short date notifications." 31. Inspect Telephone Record for "short date notifications." 32. Attempt to immediately notify member of the service. 33. Inform roll call clerk/designated member immediately, if available, or on the next business day, of completed and/or incomplete "short date notifications" and provide appropriate copies of the notifications. a. Direct roll call clerk/designated member to account for "short date notifications," whether completed or not, on NOTIFICATION RECAP. 34. Give incomplete "short date notifications" to the relieving supervisor, or if available, to roll call clerk/designated member who will continue to attempt to notify the member of the service. DISTRICT ATTORNEY'S FIELD ASSIGNMENT MEMBER OF THE SERVICE 35. Obtain prior permission from commanding officer/designee if field assignment is to commence at a location other than command, District Attorney's Office or court. 36. Notify desk officer/designated supervisor when reporting for a District Attorney's field assignment. TEMPORARY ASSIGNMENT TO DISTRICT ATTORNEY'S OFFICE 37. Process request through appropriate Appearance Control Unit. a. Such assignments will not exceed five days b. Requests for temporary assignment of more than thirty days will be processed as per A.G. 320-07, "Temporary Assignments." 38. Forward requests for extension of such assignment and/or requests for temporary assignments of six to thirty days to commanding officer of member concerned. COMMANDING OFFICER, MEMBER CONCERNED 39. Review request and endorse to Chief of Department (through channels) for final determination. NOTE: A request for extension of a temporary assignment will be reviewed and endorsed by the commanding officer, member concerned. Any further extension will be reviewed by the commanding officer, member concerned, and endorsed with recommendations (through channels) to the Chief of Department for final determination. Uniformed members of the service will not accept a verbal extension of a temporary assignment from an Assistant District Attorney, unless there is an ongoing trial and appearance is for the next day. In that case, the uniformed member of the service will contact his/her commanding officer, who in turn will notify the Appearance Control Unit. The Assistant District Attorney will be advised to request an extension through the CACS, Appearance Control Unit, or if closed, the Borough Court Section. ADDITIONAL DATA A member of the service who must appear in court on a scheduled day off, for an adjourned case, will be assigned to a 0900 x 1700 tour, or as otherwise appropriate for attendance at court. A member of the service who must appear in court on a scheduled day off may be excused from remainder of tour, needs of the service permitting. If excused, the member will enter "Requested Excusal" on the OVERTIME REPORT (PD138-064) submitted. A member of the service who becomes unavailable due to a conflicting court appearance, sick leave, or other condition such as new arrest, change in assignment or duty chart, will notify the roll call clerk, designated member, sick desk supervisor, or desk officer. The desk officer/designated supervisor or roll call clerk/designated member will notify the Appearance Control Unit of the member's unavailability by telephone prior to scheduled appearance. The CACS will be updated accordingly. The requesting agency will also be notified. Uniformed members of the service who are normally assigned to the Fourth Platoon (1800 X 0200 hours) that are subpoenaed, directed by Appearance Control Unit, the CACS or notified by other competent authority, to attend any court, official agency hearing or training session the following day (Second Platoon), will be notified in advance and reassigned to perform duty with the Third Platoon (1600 X 2400 hours). Those uniformed members of the service who are not notified in advance or who are already performing duty with the Fourth Platoon at the time they receive a notification to attend any court, official agency or training session the following day on the Second Platoon, will be excused from duty, under normal circumstances, at 2400 hours. If the member concerned effects an arrest and the related paperwork is not completed by 2400 hours or the member concerned is in the process of performing a police function beyond 2400 hours, that member is not entitled to be dismissed until all of the police related functions are complete. If the uniformed member of the service continues to work beyond 0200 hours, the member will be entitled to receive appropriate overtime compensation in the normal manner. (The excused member is not entitled to receive any overtime compensation for the time period 2400 to 0200 hours.). Desk officer will make appropriate notations in the Command Log, and on the roll call and sign out sheet for those uniformed members of the service who are dismissed at 2400 hours. In all cases where an appearance notification falls on a member's regular day off, only that member's commanding officer or designee will be permitted to cancel this notification after personally conferring with and receiving the concurrence of the person who requested the appearance, (i.e. judge, assistant district attorney, assistant corporation counsel member, or their supervisor). This includes all court subpoena and verbal instruction cases. Every effort should be made, with a few rare exceptions, in (RDO) trial preparation and (RDO) Grand Jury appearance cases, and the defendant is no longer in custody, to cancel the notification with the verbal concurrence of the assigned assistant district attorney. A service by telephone message attempting to cancel the notification on the authorizing person's voice mail, or a request for a return phone call to have a follow up conversation on this matter, does not relieve the command from the responsibility of having this member report to court or other governmental agency as scheduled. If the requesting agency (e.g. assistant district attorney, assistant corporation counsel), does not concur with the requested cancellation, the member concerned must appear as scheduled. If the requesting agency concurs with the cancellation, the commanding officer or designee will then notify the Appearance Control Unit for all notifications received from that Unit, including subpoenas and verbal cases that were not initially received from that Unit, or request the assistant district attorney or their supervisor to enter this cancellation data into the CACS for all notification cases received via that computerized system. In addition, in all agreed upon cancellation cases, the member of the service who conferred with the requesting agency will have a telephone message entry made, indicating the details of the canceled notifications. A Special Narcotics Appearance Control Unit is located in Queen's Special Narcotics Courts. In addition to tasks listed in this procedure, the Special Narcotics Appearance Control Unit will also place uniformed members of the service on telephone alert when requested by the Special Narcotics Assistant District Attorney. CACS passwords are issued by the Criminal Justice Bureau, not MISD. Requests for passwords should be sent on Typed Letterhead to the Criminal Justice Bureau at One Police Plaza, Room 204. The request should include command code, tax number, as well as, full name and a contact name and phone number. RELATED PROCEDURES Duties And Conduct In Court (P.G. 211-01) Prevention Of Appearance In Court On Scheduled Regular Day Off (P.G. 211-07) Criminal/Civil Court - Telephone Alert System (P.G. 211-06) Processing Subpoenas For Police Department Records And Testimony By Members Of The Service (P.G. 211-15) Reporting Sick (P.G. 205-01) First And Third Platoon Arrests (P.G. 208-25) FORMS AND REPORTS OVERTIME REPORT (PD138-064) ACTIVITY LOG (PD112-145) NOTIFICATION (PD406-122) NOTIFICATION RECAP (PD168-122) P.G. 211-06 Criminal/Civil Court Telephone Alert System Date Effective: 08/01/13 PURPOSE To prevent unnecessary court appearances by uniformed members of the service. DEFINITION CIVIL COURT - as used in this procedure refers to Civil Court and Supreme Court - Civil Term. PROCEDURE When notified by Borough Court Section, Appearance Control Unit or the Computerized Appearance Control System (CACS), that a uniformed member of the service has been placed on telephone alert for Criminal Court, or upon receipt of a personal subpoena requiring member's appearance in Civil Court: CRIMINAL COURT ALERT: ROLL CALL CLERK 1. Verify that uniformed member of the service: a. Is scheduled for duty on date of alert. b. Is not scheduled for vacation or other leave. c. Is not scheduled for appearance in another court or at another agency. 2. Make entry in Command Diary under date of alert. 3. Prepare NOTIFICATION (PD406-122) indicating uniformed member of the service is on telephone standby alert. NOTE: This notification can also be received via Computerized Court Appearance Control System (CACS), in commands activated for CACS. 4. Deliver NOTIFICATION to desk officer and note on black board that message is at desk. 5. Assign uniformed member of the service to patrol duty with second platoon. 6. Do not assign uniformed member a meal period prior to 1300 hours. DESK OFFICER 7. Direct member concerned to signal command every 30 minutes between 1000 and 1300 hours if NOT equipped with portable radio or NOT assigned to a radio equipped department vehicle. NOTE: If uniformed member of the service is not directed to report to court by 1300 hours, a telephone alert will NOT be activated that day. APPEARANCE CONTROL UNIT 8. Notify desk officer, command concerned, that member on telephone alert is required in court. DESK OFFICER 9. Notify member concerned to report to court immediately. CIVIL COURT ALERT: 10. Enter attorney's name, address and telephone number in Command Log upon receipt at command of personal subpoena for uniformed member of the service assigned to command. 11. Notify roll call clerk of appearance date. ROLL CALL CLERK 12. Notify appropriate Borough Court Section, Appearance Control Unit, of member's scheduled Civil Court appearance. a. Inform Appearance Control Unit of any conflicting court appearances or other reasons member may be unavailable. NOTE: Notification will be made to the Appearance Control Unit where the court is located although the subpoenaed member's command is located in another borough. APPEARANCE CONTROL UNIT, BOROUGH CONCERNED 13. Make appropriate Command Log entry of scheduled appearance and include uniformed member's name, command, court case and attorney's name, address and telephone number. COMMANDING OFFICER 14. Have uniformed member of the service scheduled to appear in Civil Court assigned to 2nd Platoon on scheduled appearance date. 15. Direct that member concerned signal command every thirty minutes between 0900 and 1300 hours if not equipped with a portable radio or assigned to a radio equipped department vehicle. a. Member will not be assigned a meal period prior to 1300 hours. APPEARANCE CONTROL UNIT 16. Notify desk officer, command concerned, that member on telephone alert is required in court. DESK OFFICER 17. Direct uniformed member concerned to report to Civil Court immediately. NOTE: If uniformed member of the service is not directed to report to court by 1300 hours, the alert will be cancelled. In addition, if a case is adjourned and the member is not called to appear that date or the next, the subpoena must be repeated unless a notification is received by the attorney by 1400 hours, in which case the Borough Court Section, Appearance Control Unit, will place the member on alert for the next court appearance without requiring a new subpoena. ADDITIONAL DATA A uniformed member of the service on telephone alert who becomes unavailable due to a conflicting court appearance, sick leave, or other condition such as new arrest, change in assignment, or duty chart, will notify roll call clerk, sick desk supervisor or desk officer, as appropriate. THE DESK OFFICER OR ROLL CALL CLERK WILL NOTIFY THE APPEARANCE CONTROL UNIT, BY TELEPHONE, OF THE MEMBER'S UNAVAILABILITY. The supervisor assigned to the Appearance Control Unit will notify a commanding officer in writing, if: a. The member fails to appear when called OR b. The member who is on alert appears in court without being called. RELATED PROCEDURES Duties And Conduct In Court (P.G. 211-01) Prevention Of Appearance In Court On Scheduled Regular Day Off (P.G. 211-07) Notifications To Appear At Court Or Other Governmental Agencies (P.G. 211-05) REPORT AND FORMS NOTIFICATION (PD406-122) P.G. 211-07 Prevention Of Court Appearance On Scheduled Day Off Date Effective: 08/01/13 PURPOSE To reduce appearances of uniformed members of the service in court on scheduled days off. PROCEDURE When appearing in court, before a Grand Jury or another government agency and the judge sets an adjournment date in conflict with scheduled time off: UNIFORMED MEMBER OF THE SERVICE 1. Inform the judge of this fact. 2. Request another day in accordance with work schedule. 3. Make ACTIVITY LOG (PD112-145) entry if rescheduled date still poses a conflict. Include: a. Name of the judge and assistant district attorney b. Date of appearance c. Adjournment date d. Court and part 4. Inform borough court section supervisor assigned to police room of such scheduling on day off. BOROUGH COURT SECTION SUPERVISOR 5. Request new date in accordance with member's work schedule. a. If unable to obtain new date, sign member's ACTIVITY LOG entry and COURT ATTENDANCE RECORD (PD468-141). ROLL CALL CLERK 6. Make entry in diary when notified that member's appearance is scheduled on a regular day off (RDO) and indicate attempt by borough court section supervisor to change date. 7. Inform Operations Coordinator when member is scheduled to appear on RDO. OPERATIONS COORDINATOR 8. Contact assistant district attorney concerned when member is scheduled to appear on RDO to ascertain necessity for such appearance. a. Reschedule appearance for a date, other than member's RDO, if possible. INTEGRITY CONTROL OFFICER 9. Check records relating to court appearances scheduled for RDOs. ADDITIONAL DATA A uniformed member of the service who must appear in court on a scheduled day off will be scheduled to begin at 0900 hours or as otherwise appropriate for attendance at court. The length of the tour shall be consistent with the member's normal chart. A member returning from court may be excused upon request, if the exigencies of the service permit. If excused, member shall enter "Requested Excusal" on the OVERTIME REPORT (PD138-064) submitted. RELATED PROCEDURES Processing Notifications To Appear At Court Or Other Governmental Agencies (P.G. 211-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COURT ATTENDANCE RECORD (PD468-141) OVERTIME REPORT (PD138-064) P.G. 211-08 Documenting And Reporting Court Appearances Pertaining To Arrests On A Warrant Date Effective: 06-26-14 PURPOSE To carefully document and report any appearances made in court which are related to arrests on a warrant. DEFINITION ARRESTING OFFICER - For the purposes of this procedure, an arresting officer is the detective squad member or any other non-supervisory uniformed member assigned to arrest persons named on warrants issued by the court. PROCEDURE When an arresting officer appears in court to process an arrest on a warrant: ARRESTING OFFICER 1. Comply with provisions of P.G. 211-01, "Duties and Conduct in Court.." 2. Accompany escorting officer with prisoner to intake area of the court section, if possible. NOTE: For officer safety considerations, the escorting officer will remain in the intake area of court section with prisoner until arresting officer returns. 3. Report to the borough court section sign-in room. NOTE: When an arresting officer processing a fugitive warrant cannot report in person to the court section sign-in room, he/she must contact the borough court section sign-in room supervisor/personnel via telephone (see Additional Data for listing of phone numbers). 4. Prepare and submit COURT ATTENDANCE RECORD (PD468-141) in all cases to borough court section sign-in room supervisor/personnel. NOTE: Borough court section sign-in room supervisor/personnel will prepare the COURT ATTENDANCE RECORD and make an entry in the "Live Arrest Tracking Log" when the arresting officer cannot report in person. 5. Complete arrest processing and return to sign-in room. NOTE: Upon completing the arrest process, the arresting officer who could not report in person will once again contact the court section sign-in room supervisor/personnel by telephone and obtain a "Live Arrest Case" tracking number and dismissal time. Both will be noted in the officer's ACTIVITY LOG (PD112-145). 6. Return directly to command and deliver COURT ATTENDANCE RECORD to desk officer, except members in civilian clothes who are dismissed from court by a police room supervisor. NOTE: If dismissed from court, member concerned must notify desk officer of command, by telephone; the desk officer will make notation of dismissal on appropriate Department record. ADDITIONAL DATA When an arresting officer does not report in person to the borough court section sign-in room and overtime is incurred as a result of processing an arrest warrant(s), the arresting officer will prepare a typed communication. This communication must include the following: name of the borough court section sign-in room supervisor, the "Live Arrest Case" tracking serial number, the date, and time of arrival/dismissal. In addition, an OVERTIME REPORT (PD138-064) will be completed. Both the communication and OVERTIME REPORT must be attached together and forwarded to the arresting officer's commanding officer. COURT SECTION SIGN-IN ROOM LOCATIONS AND TELEPHONE NUMBERS MANHATTAN * Supreme and Family Court Warrants 80 Baxter Street, report to basement level between 0800 hours and 1700 hours, (212) 374-5087 100 Centre Street, report to room 132 between 1700 hours and 0800 hours, (212) 374-3921 or (212) 374-3838 * Criminal Court Warrants 100 Centre Street, report to room 132 all times, (212 )374-3921 or (212) 374-3838 BROOKLYN * Supreme and Family Court Warrants 350 Jay Street, report to 1st floor, all times, (718) 875-6667 and (718) 875-6668 * Criminal Court Warrants 120 Schermerhorn Street, report to room 109, all times, (718) 875-6586 BRONX * Supreme, Criminal and Family Court Warrants 215 East 161 Street, main floor, room M-2B, all times, (718) 590-2951 QUEENS * Supreme , Criminal and Family Court Warrants 125-01 Queens Blvd., report to basement, all times, (718) 268-9202 STATEN ISLAND * Supreme, Criminal and Family Court Warrants 78 Richmond Terrace, report to second floor, all times, (718) 876-8490 RELATED PROCEDURES Arrest On A Warrant (P.G. 208-42) Duties And Conduct In Court (P.G. 211-01) Processing Warrants (P.G. 212-75) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COURT ATTENDANCE RECORD (PD468-141) OVERTIME REPORT (PD138-064) P.G. 211-09 Appearances By Members Of The Service Before Governmental Agencies Or Private Organizations Date Effective: 08/01/13 PURPOSE To notify the Police Commissioner when a member of the service (uniformed or civilian) intends to give testimony or make an official oral or written statement before a governmental or private organization about matters relating to the operations or policies of the Department; and to provide guidance to members of the service who intend to make an unofficial statement before a governmental or private organization about matters relating to the operations or policies of the Department. SCOPE This procedure applies to testimony or statements before governmental agencies or private organizations by members of the service acting in an official capacity, who volunteer, are invited, or are subpoenaed to testify or make a statement regarding Department policy or positions on public matters at any public hearing or before a governmental agency, court, investigative body, legislative committee, administrative agency, private organization, etc, AND testimony or statements before any court or governmental agencies by members of the service providing character, opinion or expert testimony, who volunteer, arc invited, or are subpoenaed to testify or make a statement. NOTE: This procedure does not apply to members appearing in the normal course of their duties before criminal or civil courts, the Grand Jury, Corporation Counsel, Department Trial Room, Division of Parole revocation hearings, Traffic Violations Bureau, Parking Violations Bureau, Environmental Control Board, etc. Further, this procedure does not apply to testimony or statements given before governmental agencies or private organizations by members of the service acting in a non-official capacity when the speech is not of a confidential nature, who volunteer or are invited or subpoenaed to testify or make a statement regarding Department policy or positions on public matters at any public hearing or meeting before a governmental agency, court, investigating body, legislative committee, administrative agency, private organization, etc. PROCEDURE When a member of the service intends to testify or make a statement before a governmental or private agency in an official capacity or provide character, opinion or expert testimony: MEMBER OF THE SERVICE 1. Prepare a written request/notification, on Typed Letterhead, in triplicate addressed to the Police Commissioner and include a synopsis of the subject matter to be addressed, as well as the following: a. Rank b. Name c. Tax Registry Number d. Command e. Name and address of agency/organization f. Date and location of testimony/statement g. Type of proceeding h. Date of receipt of subpoena/invitation i. Name, rank, tax registry number (if known), command of member of the service or name, address, etc., or for other than a member of the service, and any other relevant or necessary identifying information for person concerned, if character testimony is to be given. 2. Forward request/notification no later than five business days before the date of testimony/statement as follows: a. ORIGINAL, to Police Commissioner, DIRECT b. COPY, to Police Commissioner, THROUGH CHANNELS c. COPY, to Deputy Commissioner, Public Information, DIRECT. NOTE: For voluntary appearances, (not appearances requested by the Department or required by subpoena or court order) prior written approval from the Police Commissioner is mandatory. While members of the service directed to appear by personal subpoena are required to appear by law, written notification to the Police Commissioner is required. Any questions regarding compliance with a subpoena should be directed to the Legal Bureau. OFFICE OF THE POLICE COMMISSIONER 3. Notify the member concerned, as necessary, whether the appearance has been approved/disapproved. NOTE: If a member of the service is unable to comply with the five business days notice requirement due to the appearance date mandated by the subpoena, or other reason, the member of the service must immediately notify the Office of the Police Commissioner or the Legal Bureau, by telephone. ADDITIONAL DATA When members of the service intend to speak in a non-official capacity before community meetings or before gatherings convened by elected officials or candidates for elective office or their staffs, such members are encouraged to confer with the Legal Bureau, Legislative Affairs Unit to request background information or assistance, however, such conferral is not mandatory. Members of the service speaking in an official capacity are to be guided by P.G. 212-76, "Information Concerning Official Business of Department." Conferral with the Legal Bureau, Legislative Affairs Unit, is not to be considered compliance with the required notifications/approvals for official statements pursuant to this section. Members of the service are reminded that when providing testimony/statements in a non-official capacity, on a matter relating to the operations or policies of the Department, they must clearly state to the audience they address that they are speaking on their own behalf and not on behalf of the Department. Additionally, all members of the service are reminded that matters concerning the official business of the Department must be kept strictly confidential. Members of the service who testify or make a statement before governmental agencies or private organizations in a non-official capacity AND members of the service who provide character, opinion or testimony in their private capacity must do so during off duty time. RELATED PROCEDURES Processing Subpoenas For Police Department Records And Testimony By Members Of The Service (P.G. 211-15) Processing Subpoenas Issued By Courts Outside New York City (P.G. 211-16) Conferral With Department Attorney (P.G. 211-20) Information Concerning Official Business of Department (P.G. 212-76) Release of Information to News Media (P.G. 212-77) FORMS AND REPORTS Typed Letterhead P.G. 211-10 Traffic Violations Bureau Notifications Date Effective: 08/01/13 PURPOSE To effectively monitor and control the appearances of uniformed members of the service who are being requested by the Department of Motor Vehicles to appear at the Traffic Violations Bureau (TVB) for summons hearings. SCOPE The New York State Department of Motor Vehicles forwards two copies of a computer notification print-out entitled "POLICE APPEARANCE LISTING" to affected commands, via Department mail, each business day. This printout is an appearance schedule designating when and where the officer of record will appear for a summons hearing. It also provides other pertinent information, i.e., summons number, date/type of violation, and the defendant's name. PROCEDURE Upon receipt of a Police Appearance Listing at a police command: ROLL CALL PERSONNEL 1. Review Listing and enter member's scheduled appearance in the command's court diary. 2. Make immediate notification to the TVB office concerned if a member is unable to appear due to: a. Sickness b. Military leave c. Death in the family d. Conflicting court appearances e. Department related emergency (i.e. mobilization, disorder, etc.) f. Vacation selection (roll call personnel must verify) g. Arrest by member (roll call personnel must notify TVB with an arrest number) NOTE: Requests for rescheduling must be made at least ten calendar days before originally scheduled hearing date. [ I.O. 25 s 08]3. Prepare NOTIFICATION (PD406-122) and comply with P.G. 211-05, "Processing Notifications To Appear At Courts and Other Government Agencies." a. If requested uniformed member has been transferred, immediately notify that member's new command via telephone, and make an appropriate entry in the Telephone Record. b. If requested uniformed member of the service is retired or no longer employed by this department, notify Integrity Control Officer for preparation of AFFIDAVIT OF NO RECOLLECTION / SEPARATION FROM SERVICE (PD360-121). 4. Ensure all TVB hearing cases are included in daily roll calls as appropriate. 5. Post a copy of the Police Appearance Listing in the muster room of the command. NOTE: Under no circumstances will a member report to a TVB hearing on his/her RDO. DESK OFFICER/SUPERVISOR 6. Ensure that member concerned receives NOTIFICATION. NOTE: When notification of appearance is made to a uniformed member of the service, the notifying supervisor will ensure that the issuing officer conducts a warrant check. UMOS CONCERNED 7. Review copy of NOTIFICATION and immediately notify roll call of any conflicts with the scheduled date/time of hearing. a. Notify Integrity Control Officer if the notification received involves a summons issued prior to November 1993 and there is no independent recollection of the case. b. Request AFFIDAVIT OF NO RECOLLECTION/SEPARATION FROM SERVICE be prepared. 8. Sign NOTIFICATION and return receipt copy to desk officer/supervisor. NOTE: Members will comply with P.G. 211-01, "Duties And Conduct In Court" and P.G. 211-11, "Traffic Violations Bureau Appearances/ Computerized Time Slips," when reporting for a hearing. INTEGRITY CONTROL OFFICER 9. Conduct an investigation to ensure that an officer who claims no recollection on a pre-November 1993 case has no independent recollection of the events in question (i.e., request to see officer's memo book entries, etc.). NOTE: In order to establish a charge at the Traffic Violations Bureau (TVB), uniformed members of the service must present clear and convincing evidence. Proof could rest on the recollection of the uniformed member of the service refreshed by contemporaneously made memoranda. Thus, while an individual uniformed member of the service may have no recollection of the facts concerning the summons issuance independent of his or her own memo book entries, if after having read those memo book entries, the uniformed member of the service can speak to the facts from his or her own recollection sufficient to establish the charge by clear and convincing evidence, then the uniformed member of the service should appear and testify at the hearing as scheduled. If even after reading the memo book entries, the uniformed member of the service is still unable to testify from recollection, the memo book entries, if otherwise sufficiently detailed to establish the charge by clear and convincing evidence, may be read into the record at the hearing, if the uniformed member of the service is able to testify that (1) he or she once had knowledge of the entries, (2) the entries were prepared by the uniformed member of the service, (3) the entries were prepared when the knowledge of the contents were fresh in the mind of the uniformed member of the service, and (4) the uniformed member of the service intended when the entries were made, that they be accurate. The role of the Integrity Control Officer is critical in determining whether a member of the service should appear at a Traffic Violations Bureau hearing. Integrity Control Officers should insure that effective testimony can not be offered by the uniformed member of the service prior to preparation and forwarding of the AFFIDAVIT OF NO RECOLLECTION / SEPARATION FROM SERVICE. In instances where the memo book entries of the officer cannot be located and/or are lacking sufficient information, the Integrity Control Officer should take appropriate disciplinary action. 10. Prepare AFFIDAVIT OF NO RECOLLECTION / SEPARATION FROM SERVICE and submit to roll call personnel for forwarding if investigation reveals no independent recollection of the events in question can be established or if a member of the service notified to appear is no longer employed by this department. DESK OFFICER/SUPERVISOR 11. Obtain signed receipt copy of NOTIFICATION from member concerned and forward to roll call. ROLL CALL PERSONNEL 12. Check notification receipts daily to ensure notifications have been received and acknowledged by members concerned. a. Forward approved AFFIDAVIT OF NO RECOLLECTION / SEPARATION FROM SERVICE at least 10 (ten) calendar days prior to the originally scheduled hearing date to the Department of Motor Vehicles central Albany officer via fax (518) 473-6535. TVB COURT SECTION PERSONNEL 13. Prepare TRAFFIC VIOLATIONS BUREAU NON-APPEARANCE NOTICE (PD160-121), in all cases where a member fails to appear at a TVB hearing. 14. Forward original copy of completed TRAFFIC VIOLATIONS BUREAU NON-APPEARANCE NOTICE to the member's commanding officer. a. Forward copy to the appropriate patrol borough office. COMMANDING OFFICER 15. Review NON-APPEARANCE NOTICES and forward to the command's integrity control officer. INTEGRITY CONTROL OFFICER 16. Investigate and ascertain reason for non-appearance at TVB hearing and take disciplinary action, if appropriate. 17. Document findings and action(s) taken on NON-APPEARANCE NOTICE and return to the commanding officer of the borough court section concerned within fourteen days. a. Forward copy of NOTICE to borough office concerned. COURT SECTION, INTEGRITY CONTROL OFFICER 18. Monitor receipt of NON-APPEARANCE NOTICES to: a. Ensure commands are preparing and forwarding investigations in regards to NON-APPEARANCE NOTICES as required. b. Ascertain reasons for non-appearances and take appropriate action(s) as necessary. ADDITIONAL DATA Whenever it has been determined that a warrant is to be executed at a Traffic Violations Bureau appearance and the issuing member is excused from duty, a replacement member will be sent by the command concerned. TVB appearances are considered court appearances. Conflicting appearances with the Civilian Complaint Review Board, investigation units, union meetings, training sessions, Medical Division appointments, etc., are not authorized excusals. Commanding officers of non-Automated Roll Call System (ARCS) commands will ensure that roll call personnel forward an updated command roster to the appropriate borough TVB facility on a monthly basis. These rosters will be prepared in alphabetical order, by rank and in the following format: RANK NAME TAX# STEADY RDO CHART PNS/SQD TVB Court Section personnel will FAX a copy of the non-ARCS command rosters to the New York State Department of Motor Vehicles in Albany via FAX (518) 473-7913. In addition, a copy of all non-ARCS command rosters will be kept on file at each TVB office. ALERT STATUS TVB is now recognizing an "ALERT" procedure that may be utilized for uniformed members scheduled for TVB hearings. A member will have forty-five minutes to report once TVB has activated that member through their command. A member's operations coordinator may request roll call to place a member on "ALERT STATUS" under the following conditions: a. Hearing scheduled for 1030 or 1300 time period and b. Hearing appearance scheduled for one motorist only, (regardless of number of summonses issued) and c. Member's command is located within the same patrol borough as the TVB hearing location and d. The ability of a command to ensure the expeditious appearance of its personnel once an "ALERT" has been activated. Uniformed members on "ALERT" will not be assigned to any duty that will prevent their immediate dispatch to TVB; nor will members be scheduled for a meal during the "ALERT" period. "ALERT" periods are between the hours of 1030-1200 hours (1030 hour cases) and 1300-1400 hours (1300 hour cases). When notified by TVB to activate member, the desk officer concerned will immediately notify the member to report directly to TVB; both a Telephone Record and Command Log entry are required. EXTENDED TOURS FOR MEMBERS ASSIGNED TO THE 1st AND 3rd PLATOONS Uniformed members assigned to the 1st platoon will report to TVB at 0800 hours. Uniformed members assigned to the 3rd platoon will report direct to TVB at 1415 hours. The following provisions will apply: a. Member must attend in business attire. b. This Department reserves the right to reschedule members to the 2nd platoon in appropriate cases as determined by the Department. In this regard, members whose appearances will extend to more than three hours may be rescheduled to the 2nd platoon. These provisions apply only to TVB appearances, and not to other court appearances. c. Members must be on a MUST APPEAR status. Members on ALERT STATUS will continue to be rescheduled. d. Members are not eligible for portal to portal compensation. e. Members on the 1st platoon must notify their commands upon completion of the appearance. Members on the 3rd platoon must return directly to their commands upon completion of the appearance. RELATED PROCEDURES Duties And Conduct In Court (P.G. 211-01) Traffic Violations Bureau Appearances/Computerized Time Slips (P.G. 211-11) FORMS AND REPORTS AFFIDAVIT OF NO RECOLLECTION / SEPARATION FROM SERVICE (PD360-121) NOTIFICATION (PD406-122) TRAFFIC VIOLATIONS BUREAU NON-APPEARANCE NOTICE (PD 160-121) TVB Police Appearance Listing P.G. 211-11 Traffic Violations Bureau Appearances/Computerized Time Slips Date Effective: 08/01/13 PURPOSE To record and monitor appearances of uniformed members of the service required at Department of Motor Vehicles Traffic Violations Bureau hearings. PROCEDURE When a uniformed member of the service is notified and reports to a Traffic Violations Bureau office for a hearing: UNIFORMED MEMBER OF THE SERVICE 1. Bring the "Officer's Notes" copy of the summons and corresponding ACTIVITY LOG (PD112-145) for each summons being adjudicated at Traffic Violations Bureau hearing. 2. Immediately report to Police Sign-In Room supervisor. UNIFORMED SUPERVISOR ASSIGNED TO T.V.B. 3. Have uniformed member reporting for hearing logged in computer system immediately. NOTE: If the uniformed member's presence is not entered in the computer system, judges adjudicating hearings may dismiss cases for non-appearance of police personnel. UNIFORMED MEMBER OF THE SERVICE 4. Return immediately to Police Sign-In Room upon conclusion of hearing appearance to obtain computerized "Officer Time Slip." NOTE: Department form COURT ATTENDANCE RECORD (PD468- 141) will not be used for Traffic Violations Bureau appearances. UNIFORMED SUPERVISOR ASSIGNED TO T.V.B. 5. Have one copy of "Officer Time Slip" delivered to uniformed member and file duplicate copy. UNIFORMED MEMBER OF SERVICE 6. Notify command desk officer/counterpart via telephone immediately upon dismissal from Police Sign-In Room and comply with instructions received. DESK OFFICER 7. Make notation of uniformed member's dismissal and instruction given on appropriate Department record. UNIFORMED MEMBER OF THE SERVICE 8. Deliver "Officer Time Slip" to desk officer/counterpart when instructed to return to command or, if otherwise instructed, at earliest possible convenience. DESK OFFICER 9. Review "Officer Time Slips" for accuracy and note time officer returns to command on time slip. CLERICAL MEMBER 10. File "Officer Time Slips" at command in chronological order in separate folder. INTEGRITY CONTROL OFFICER 11. Review "Officer Time Slips" frequently for integrity purposes. TRAINING SERGEANT 12. Review "Officer Time Slip" Disposition and Code columns frequently for indications of negative patterns and poor performance skills and take appropriate corrective action. NOTE: The training sergeant will track the number of times a uniformed member has a case dismissed for failure to establish a prima facie case that a violation has been committed and/or cases where the defendant is found "Not Guilty" because the evidence presented is not clear and convincing. Each month the training sergeant will select the ten uniformed members of the service with the highest percentage of dismissals due to the aforementioned reasons. These members will be retrained and/or subject to any other corrective action(s) as deemed necessary by the commanding officer. ADDITIONAL DATA The following are dispositions and codes used by Department of Motor Vehicles Administrative Law Judges when adjudicating moving violations. These items will appear on computerized "Officer Time Slip" issued to police officers at the conclusion of Traffic Violations Bureau appearances: DISPOSITIONS CODES N = Not Guilty 1. Evidence not clear and convincing. 2. Justification. G = Guilty Disposition Plea at Trial (Contested cases only.) NONE W = Guilty with Appearance Disposition (Used for Appearance Room only.) NONE NOTE: Although the "W" disposition appears on time slips, the police officer concerned had no effect on this disposition. The motorist plead guilty. D = Dismissing Case 1. Uninsured, is in fact Insured. 2. Unlicensed, is in fact Licensed. 3. Unregistered, is in fact Registered 4. Equipment Documents – The motorist presented proper documentation to the judge. Dismissing the case by statute. 5. Officer No-Show. 6. No Prima Facie case. 7. Police cannot identify motorist. 8. No recollection. P = Paid Online FORMS AND REPORTS ACTIVITY LOG (PD112-145) Officer Time Slip 9. Non-Owner/No Knowledge (uninsured vehicle cases) - When motorist summoned claims he had no knowledge that vehicle he/she was operating was uninsured. NONE P.G. 211-12 Hearings At Department Of Motor Vehicles Date Effective: 08-19-13 PURPOSE To provide a member of the service with legal representative when notified to appear at a Department of Motor Vehicle hearing in connection with a motor vehicle collision while performing police duty. PROCEDURE When notified to appear at a hearing in connection with a collision which occurred when operating a Department vehicle while performing police duty: UNIFORMED MEMBER OF THE SERVICE 1. Notify commanding officer. COMMANDING OFFICER 2. Prepare five copies of report on Typed Letterhead containing all facts: a. Include in report transcript of Command Log entry concerning original incident. 3. Endorse report with following facts, if appropriate: a. Member of the service was properly performing police duty b. Guilty of no misconduct c. Charges have not been or likely to be prepared d. Request Corporation Counsel be assigned to defend member. 4. Forward original and copy to Deputy Commissioner-Legal Matters. 5. Forward copy to Deputy Commissioner-Management and Budget. 6. Forward copy to Commanding Officer, Fleet Services Division. 7. File fifth copy. FORMS AND REPORTS Typed Letterhead P.G. 211-13 Official Appearances At Department Of Consumer Affairs Date Effective: 08/01/13 PURPOSE To provide guidelines for uniformed members of the service requested to appear at a Department of Consumer Affairs official hearing. NOTE: The Adjudication Division, Department of Consumer Affairs will notify the member of the service who must appear, through the Court Appearance Control System (CACS). PROCEDURE When requested by the Department of Consumer Affairs to appear at an official hearing: APPEARANCE CONTROL UNIT 1. Notify member's command and authorize scheduled appearance. NOTE: This notification can also be received via the Computerized Court Appearance Control System (CACS), in commands activated for CACS. UNIFORMED MEMBER OF THE SERVICE 2. Appear as scheduled, in uniform, unless assigned to non-uniformed duty, at the Department of Consumer Affairs. 3. Prepare COURT ATTENDANCE RECORD (PD468-141), and sign name in the Police Log to verify presence. a. Upon arrival, the uniformed member of the service will notify the Manhattan Court Section's Police Room at (212) 374-5087/5088 to be signed into the Court Appearance Control System (CACS). 4. Sign out in the Police Log upon completion of the hearing and obtain one copy of the completed COURT ATTENDANCE RECORD. a. Notify the Manhattan Court Section's Police Room to be signed out of the CACS. NOTE: After 1800 hours the uniformed member of the service will call the Manhattan Court Section at (212) 374-3921/3942 to be signed out. MANHATTAN COURT SECTION SUPERVISOR 5. Make a Command Log entry when a uniformed member of the service calls the Manhattan Court Section, after1800 hours, to confirm member's dismissal from the Department of Consumer Affairs. UNIFORMED MEMBER OF THE SERVICE 6. Return to command and deliver COURT ATTENDANCE RECORD to the desk officer. a. Members in civilian clothes who are dismissed directly, from the Department of Consumer Affairs will notify the Police Room Supervisor and their command's desk officer. Both the Police Room Supervisor and the desk officer concerned will record the dismissal in their respective Command Logs. b. Member will submit the COURT ATTENDANCE RECORD to the desk officer on the next scheduled tour of duty. 7. Telephone the desk officer of assigned command prior to end of tour if it appears member will be detained at the Department of Consumer Affairs beyond completion of scheduled tour of duty. NOTE: The desk officer or designee will be responsible for notifying the Department of Consumer Affairs promptly by telephone at (212) 487-4136 during business hours, or at (212) 487-4142 during non-business hours (answering machine) whenever a member of the service will be unable to appear for a pending hearing, due to sick leave, death in the family, new arrest, etc. An entry will be made in the Telephone Record detailing the date/time of notification and the name of the person contacted (when available) at the Department of Consumer Affairs. RELATED PROCEDURES Duties And Conduct In Court (P.G. 211-01) Notifications To Appear At Court Or Other Governmental Agencies (P.G. 211-05) FORMS AND REPORTS COURT ATTENDANCE RECORD (PD468-141) P.G. 211-14 Investigations By Civilian Complaint Review Board Date Effective: 08/01/13 PURPOSE To facilitate investigations conducted by the Civilian Complaint Review Board; to protect the rights of members of the service who are the subject of Civilian Complaint Review Board investigations and witnesses to incidents under investigation by the Civilian Complaint Review Board; and to process Department records requested by the Civilian Complaint Review Board. PROCEDURE Whenever a member of the service (uniformed or civilian) has been directed to appear before the Civilian Complaint Review Board and/or respond to a Civilian Complaint Review Board request for Department records. APPEARANCE CONTROL UNIT 1. Notify member of the service to appear at the Civilian Complaint Review Board. MEMBER OF THE SERVICE 2. Appear at Civilian Complaint Review Board, as directed. a. Bring ACTIVITY LOG (PD112-145) that corresponds to the date of incident. NOTE: Members of the service who are questioned about incidents being investigated by the Civilian Complaint Review Board shall fully cooperate in the investigation. When interviewed by a Civilian Complaint Review Board investigator, or when appearing at the Civilian Complaint Review Board as the subject of a complaint or a witness to an incident in connection with an official Civilian Complaint Review Board investigation, all pertinent information, facts and observations shall be reported. All questions posed by the Civilian Complaint Review Board investigator, Board panel, or Board member in accordance with Civilian Complaint Review Board rules and regulations for the conduct of interviews shall be answered fully and truthfully. Failure to do so shall be grounds for disciplinary action. UPON NOTIFICATION THAT A MEMBER OF THE SERVICE HAS REFUSED TO ANSWER QUESTIONS DURING A CIVILIAN COMPLAINT REVIEW BOARD INTERVIEW OR PROCEEDING: SUPERVISORY/RANKING OFFICER CONCERNED 3. Determine if Civilian Complaint Review Board is requesting that member of the service be directed by the supervisory/ranking officer to answer questions. 4. Ascertain if member of the service has been notified by the Civilian Complaint Review Board that answers given in an interview or proceeding may not be used against the member in a later criminal action. 5. Advise member of the service that refusal to cooperate with the Civilian Complaint Review Board will result in immediate suspension and preparation of disciplinary charges. 6. Direct member of the service to answer questions posed by the Civilian Complaint Review Board. 7. Suspend member if member of the service refuses to answer questions. DEPARTMENT RECORDS REQUEST: I.A.B. MGMT. RESOURCES SECTION, CCRB LIAISON 8. Forward a REQUEST FOR RECORDS AND/OR INFORMATION REGARDING CCRB CASE (PD149-164) to commands concerned. COMMANDING OFFICER 9. Designate a member of the service to photocopy all pertinent documents. NOTE: Under no circumstances will a command reproduce documents from a request received directly from the Civilian Complaint Review Board. All such requests, whether verbal or written, will be referred to the Management Resources Section, Civilian Complaint Review Board Liaison. In addition, under no circumstances will original Department records be removed from a Department facility to comply with documentation requests from the Civilian Complaint Review Board. Only photocopies will be made and forwarded in this regard. MEMBER OF THE SERVICE 10. Forward completed request and documents via Department mail within ten days of receipt to: a. Internal Affairs Bureau, Management Resources Section, CCRB Liaison, 315 Hudson Street, New York, New York 10013. NOTE: Upon receipt, the Civilian Complaint Review Board Liaison will review all documents submitted by commands concerned to ensure that the request has been satisfied. Thereafter, the Internal Affairs Bureau will forward all pertinent documents to the requesting Civilian Complaint Review Board investigator. ADDITIONAL DATA The following Department records may not be released to the Civilian Complaint Review Board: a. Records concerning a case that has been sealed pursuant to Criminal Procedure Law 160.50. b. Records of sex crimes per Civil Rights Law 50-b. c. Psychiatric records (without patient consent). d. Alcohol counseling records (without patient consent). e. Medical records (without patient consent). f. P.G. 206-13, "Interrogation Of Members Of The Service" interviews (without permission of Deputy Commissioner - Legal Matters). g. Personnel records of police officers as per Civil Rights Law 50-a. h. Juvenile records as per Family Court Act 381.3. The Civilian Complaint Review Board Liaison will confer with the Document Production Unit, Legal Bureau, whenever questions arise pertaining to Civilian Complaint Review Board access to sensitive or confidential records. Exceptions to the general rule of non-disclosure may be made with the necessary approval of the Legal Bureau. Subpoenas for records received directly from the Civilian Complaint Review Board will be accepted and a telephone notification will be made to the Civilian Complaint Review Board Liaison, (212) 741-8409 or 8448. If there is no response, the Internal Affairs Bureau Command Center will be notified, at (212) 741-8401. The subpoena will then be hand delivered to the Civilian Complaint Review Board Liaison in a sealed envelope without delay. When records being requested are not available at the command, the specific reason why the request cannot be satisfied must be indicated on Line 16 of the REQUEST FOR RECORDS form. For example, if a particular COMPLAINT REPORT is requested in connection with an incident, and a comprehensive review of command records indicates that no such report was prepared, the assigned member will indicate "Complaint Report not prepared" on the REQUEST form. Similarly, if a document is lost or missing, this finding will likewise be indicated on the form. Generic terms, such as "unable to locate" or "not available" will not be accepted. If a document has been forwarded or is located in another command, this information must be included on the form. The Civilian Complaint Review Board Liaison will redirect all such requests to the appropriate command. RELATED PROCEDURES Interrogation Of Members Of The Service (P.G. 206-13) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT(PD313-152) REQUEST FOR RECORDS AND/OR INFORMATION REGARDING CCRB CASE (PD149-164) P.G. 211-15 Processing Subpoenas For Police Department Records And For Testimony By Members Of The Service Date Effective: 08/01/13 PURPOSE To ensure proper compliance by the Police Department and its members with lawful court mandates and subpoenas requiring attendance at court or production of Department records in response thereto. SCOPE It is the official policy of this Department that the unit that is the repository of a given Department record has the responsibility to respond in a prompt fashion to a subpoena demanding the record's production. A command will not forward a subpoena to the Legal Bureau, the Central Records Division or to other units within the Department when record(s) requested is/are present in the subpoenaed command. DEFINITIONS SUBPOENA - A generic term used in the law to refer to any legal device that compels the appearance of a person at a specific time and place, usually to give testimony in a judicial proceeding, or compels the production of certain documents or items of evidence. A subpoena that compels a person to appear and give testimony is known as a subpoena ad testificandum. A subpoena that compels the production of documents or evidence is known as a subpoena duces tecum. COMMAND LIAISON OFFICER - Every commanding officer/counterpart within the Department is designated as the command liaison officer who is responsible for the full implementation of and compliance with this procedure. While commanding officers/counterparts may delegate the tasks associated with this procedure to subordinates, they are responsible for their command's compliance with this procedure. SUBPOENA RECORD BOOK - A permanent bound record book maintained by each command (including commands located within a precinct stationhouse, transit district, police service area, or other Department facility) with the following captions contained therein: a. Number (serialized, beginning with 001 each year) b. Date and time received c. Type of subpoena (e.g., duces tecum or ad testificandum) d. Name of member concerned e. Brief description of records requested f. Return date g. Issuing court h. Title of case (e.g., Smith vs. Jones, People vs. Smith) i. Party issuing subpoena (e.g., plaintiff, defendant, District Attorney or judge) j. Fee receipt issued (indicate "No fee or receipt number) k. Date records forwarded l. Date court receipt received. COMMAND SUBPOENA FILE - A file in which photocopies of subpoenas and requests for Department records by assistant district attorneys and assistant corporation counsels are filed chronologically, by year, pursuant to this procedure. DOCUMENT PRODUCTION UNIT - A sub-unit of the Legal Bureau charged with the responsibility to ensure that all lawful requests for Department records by courts, prosecutors, government agencies, and private citizens are complied with in a timely fashion. The Document Production Unit also processes all requests under the Freedom of Information Law that are received by the Department. The Document Production Unit is located at One Police Plaza, Room 110-C, New York, NY 10038. NOTE: Under no circumstances will a subpoena or subpoena duces tecum served or received at a command be forwarded to the Document Production Unit without the express permission of the Supervisor, Document Production Unit. PROCEDURE Upon receiving a subpoena that only requires personal appearance by a specific member of the service to appear in court or otherwise give testimony in a legal proceeding: COMMAND LIAISON OFFICER 1. Record receipt of subpoena in the Subpoena Record Book, ensuring that all applicable captions are completed. 2. Issue FEE RECEIPT (PD122-017) in accordance with P.G. 212-82, "Forwarding Of Fees To The Audit And Accounts Unit," if a fee is tendered with the subpoena. 3. Photocopy subpoena and deliver ORIGINAL to member of the service concerned. a. Note Command Serial Number, Fee Receipt number (if applicable), date, and time of delivery to member concerned on reverse side of photocopy. Member of the service concerned will sign photocopy, indicating receipt of subpoena. 4. Direct member of the service to comply with subpoena. 5. File photocopy of subpoena in Command Subpoena File. 6. Notify roll call clerk and ensure that entry is made in Command Diary. a. Comply with appropriate procedures concerning notifications to Appearance Control Unit. 7. Ensure that member of the service concerned has appeared in court, or otherwise, as required by subpoena. NOTE: If a subpoena is received for a member of the service that also requires that the member concerned produce documents or evidence, other than an ACTIVITY LOG (PD112-145), and the subpoena has not been marked as "SO ORDERED" by a judge, the member of the service concerned will comply with the subpoena only in so far as it relates to making the required appearance. Department records or evidence will not be produced. If the subpoena is "so-ordered," the named member will bring the required documents (see ADDITIONAL DATA for further explanation). Members receiving a subpoena ad testificandum that requires an appearance to give testimony at other than a trial proceeding are advised that they are not to answer any question without first consulting with the assistant corporation counsel or assistant district attorney assigned to the case. If there is no assistant corporation counsel/assistant district attorney assigned to the particular case, or if the member of the service is unsure regarding such assignment, the Document Production Unit will be consulted. UPON RECEIVING A SUBPOENA DUCES TECUM THAT REQUIRES THE PRODUCTION OF DOCUMENTS ONLY AND DOES NOT REQUIRE A SPECIFIC MEMBER OF THE SERVICE TO ATTEND AND PRODUCE SUCH DOCUMENTS: COMMAND LIAISON OFFICER 8. Ensure that subpoena duces tecum has been endorsed by judge as "so-ordered." a. If subpoena duces tecum is not "so-ordered," make all required subpoena record book entries and indicate in caption marked "Date of Compliance" the fact that the subpoena was not so-ordered. File copy of subpoena in rear of Command Subpoena File. b. If the name and telephone number of the issuing attorney is available, contact the attorney and advise that unless the subpoena is "so-ordered," it will not be complied with. No further action is required. 9. Complete all applicable captions in Subpoena Record Book. 10. Gather photocopies of all documents requested in subpoena that are maintained at the command (including ACTIVITY LOG entries of members of the service concerned, if applicable). NOTE: Certain Department records that are subject to subpoena such as a Command Log or member's ACTIVITY LOG may also contain information that is unrelated to the facts and circumstances of the case for which the subpoena was issued. In such a case, unrelated information should be "redacted" (blocked out or deleted in any other suitable fashion that ensures that the unrelated information cannot be discerned by the party issuing the subpoena) from the copy forwarded in compliance with the subpoena. No redactions will be made to any material forwarded to the Legal Bureau, Corporation Counsel or District Attorney. Additionally, prior to forwarding copies of any Departmental records to anyone outside the Police Department other than an assistant district attorney, assistant corporation counsel or other law enforcement agency, the name, addresses, and telephone number, and any other data that identifies a victim or witness will be redacted. Immediate telephone notification to the Document Production Unit (212) 374-4296 /4297 /3985 is to be made if any command receives a subpoena ad testificandum or a subpoena duces tecum for the following Department records: a. Confidential records, such as personnel folders, or documents relating to confidential investigations; b. Records relating to cases that have been the subject of notoriety or publicity; c. Records relating to sensitive or unusual cases and corruption cases. Such telephone notification will also be made if there is any doubt as to whether subpoenaed records should be released. The telephone notification is to be recorded in the Telephone Record. Instructions received from the Document Production Unit will be strictly complied with. While requests for records received from an assistant corporation counsel or an assistant district attorney do not require a subpoena, if the material requested is confidential or sensitive as outlined in step a, b or c above, a telephone notification to the Document Production Unit is required. COMMAND LIAISON OFFICER 11. Prepare and sign "Certification" on OFFICIAL LETTERHEAD (PD158-151). a. If photocopies contain any redactions, use sample Certification letter Number 1 (see Appendix "A"). b. If photocopies DO NOT contain any redactions, use sample Certification letter number 2 (see Appendix "B"). c. If, after a search for records requested by subpoena, it is discovered that the records requested DO NOT exist either at the command receiving the subpoena or at any other command/unit within the Department, use Certification letter number 3 (see Appendix "C"). NOTE: The command liaison officer may delegate the authority to prepare and sign a CERTIFICATION to properly trained members within the command. 12. Prepare RECEIPT FOR SUBPOENAED DEPARTMENT RECORDS on OFFICIAL LETTERHEAD (PD158-151) (see Appendix "D"). 13. Forward copies of records, copy of subpoena, certification, and receipt to appropriate clerk of court via U.S. Mail or Department mail, where appropriate. a. Indicate on outside of envelope that envelope contains records requested via subpoena. b. Include index, calendar, docket or indictment number as available. NOTE: Under no circumstances will records be forwarded directly to an attorney (other than an assistant district attorney or assistant corporation counsel) without prior consultation with the Document Production Unit. 14. Upon receiving receipt acknowledging receipt of records by clerk of court: a. Attach receipt to copy of subpoena filed in Command Subpoena File. b. Make note in Subpoena Record Book under caption entitled "Date Court Receipt Received" that receipt from Clerk of Court has been received. ADDITIONAL DATA TYPES OF SUBPOENAS: Any subpoena, which, by its terms, requires the production of documents or evidence, is a subpoena duces tecum. Under the relevant statutes of this state, a subpoena duces tecum directed to a subdivision of a municipal government, such as the Police Department, must be "so ordered" by a judge. "So ordered" means that the attorney who desires the documents to be produced has obtained judicial approval for the subpoena duces tecum in question. If the judge determines that the attorney has a genuine need for the requested material, the judge will indicate this fact by signing or initialing the subpoena duces tecum at a caption entitled "so-ordered". PHOTOCOPYING RECORDS: Under no circumstances will original Department records be removed from any Department facility without the prior approval of a Department attorney or the commanding officer. Photocopies ONLY will be forwarded. The Document Production Unit will be notified and consulted whenever court process compels production of original copies of Department records. DISTRICT ATTORNEY/CORPORATION COUNSEL REQUESTS: Assistant district attorneys and assistant corporation counsels are NOT required to issue a subpoena for the production of Police Department records. Accordingly, no member of the service will require or request that a subpoena for records be served by them. Such document requests will be handled in accordance with P.G. 211-18, "Processing Requests For Police Department Documents Received From Assistant Corporation Counsels And Assistant District Attorneys." RECORDS UNAVAILABLE AT RECEIVING COMMAND: If a subpoena is received for records that are not available at the command receiving the subpoena, the subpoena will be forwarded to the command having custody of the record. If the subpoena calls for the production of more than one item, and the receiving command does not have custody of all items requested, the receiving command will comply with that portion of the subpoena for which the command possesses records. A photocopy of the subpoena will be forwarded to the command having custody of the other items requested with a report detailing which portions of the subpoena will be complied with by the original receiving command. TRANSFERRED MEMBERS: A process server who appears at a command to serve a subpoena directed to a member of the service who has been transferred from the command will be advised of the member's new command and directed to make service at the member's new command. If the member concerned has retired, the process server will be informed of this fact and service will not be accepted. If a subpoena is received by other than personal delivery, the subpoena will be forwarded to the member's current command. If a subpoena is received by other than personal delivery and the member has retired, the attorney issuing the subpoena will be contacted and informed of such fact. SUBPOENAS THAT CONCERN PERSONAL MATTERS: Circumstances may arise where a member of the service receives a subpoena in his/her capacity as a private individual. This situation frequently arises in the context of civil litigation where the member concerned is involved as a party or as a witness to events, which occurred while off duty. In such a circumstance, a subpoena may be served upon such a member at his/her command and service will be accepted. If service is accepted by someone other than the party named in the subpoena, such as the desk officer, the party that accepts service must ensure that the subpoena is actually received by the named party. In such a circumstance, the fee tendered (if any) will be given to the member concerned along with the subpoena. No further processing of the subpoena is required. If a member is required to attend court in response to such a subpoena arising out of his/her private affairs, such appearance will be made on the member's off-duty time. Any questions regarding the applicability of this note may be directed to the Document Production Unit. NOTIFICATIONS IN UNUSUAL CASES: a. A member of the service who is to appear as a witness for a defendant in a criminal case, or for the plaintiff in a case where the City of New York is a DEFENDANT, shall notify the assistant district attorney or assistant corporation counsel of such fact prior to the start of the hearing or trial. b. If a member of the service receives a subpoena or other type of notification to appear and testify at a parole revocation hearing, the member concerned will notify the District Attorney's Office of the appropriate county of such fact. Notification to the District Attorney concerned will be noted in the command diary under the date of the scheduled hearing. RELATED PROCEDURES Subpoena Fees And Accounting Procedures (P.G. 212-79) Processing Subpoenas Issued By Courts Outside New York City (P.G. 211-16) Processing Legal Bureau Requests For Department Records Including Requests Under The Freedom Of Information Law (P.G. 211-17) Processing Requests For Police Department Documents Received From Assistant Corporation Counsels And Assistant District Attorneys (P.G. 211-18) FORMS AND REPORTS ACTIVITY LOG (PD112-145) FEE RECEIPT (PD122-017) OFFICIAL LETTERHEAD (PD158-151) --------------------------------------------------------------------------APPENDIX "A" CERTIFICATION DATE:________________ CASE OF: _____________________ Versus INDEX#______________ DOCKET #____________ STATE OF NEW YORK COUNTY OF___________________ This is to certify that the enclosed photocopies of: (List records being forwarded e.g., Complaint Report No., 12345-91 Precinct, Activity Log of PO Smith for 01/01/91, etc.) 124 are true and complete copies, WITH REDACTIONS, of a record in the custody of the (enter command) of the Police Department of the City of New York. _______________ Rank ________________________ Signature _____________ Command ________________________ Name Printed --------------------------------------------------------------------------APPENDIX "B" CERTIFICATION DATE:________________ CASE OF: _____________________ Versus INDEX#______________ DOCKET #____________ STATE OF NEW YORK COUNTY OF___________________ This is to certify that the enclosed photocopies of: (List records being forwarded e.g., Complaint Report No., 12345-91 Precinct, Activity Log of PO Smith for 01/01/91, etc.) 124 are true and complete copies in the custody of the (enter command) of the Police Department of the City of New York. _______________ Rank ________________________ Signature _____________ Command ________________________ Name Printed --------------------------------------------------------------------------APPENDIX "C" CERTIFICATION DATE:________________ CASE OF: _____________________ Versus INDEX#______________ DOCKET #____________ STATE OF NEW YORK COUNTY OF___________________ This is to certify that in response to the attached subpoena, issued in the above referenced action, the undersigned has conducted a search of New York City Police Department records and it has been determined that there are no documents within the custody, possession or control of the Police Department which are responsive to the subpoena. _______________ Rank ________________________ Signature _____________ Command ________________________ Name Printed --------------------------------------------------------------------------APPENDIX "D" RECEIPT FOR SUBPOENAED DEPARTMENT RECORDS DATE:________________ Clerk of Court Part___________ Room__________ Address of Courthouse City, State, Zip Code Dear Sir: Enclosed please find copies of New York City Police Department records which have been subpoenaed in the case of______________________ Name of Case Which bears Index # ___________________ and Calendar #____________and Indictment #________________. Please endorse this form to indicate that the Court has received the records subpoenaed and forward the endorsed form to: Unit/Command Address City, State, Zip Code Attn.: Subpoena Officer Than you for your attention to this matter. Very truly yours, _____________________________ Rank Name Command P.G. 211-16 Subpoenas Issued By Courts Outside New York City Date Effective: 08/01/13 PURPOSE To determine whether a subpoena issued by a court located outside of New York City requires a response by the Police Department and, if a response is required, the nature and extent of such response. SCOPE The Police Department is frequently served with subpoenas issued by courts located outside of New York City. Such subpoenas present special problems relating to the nature of response required by this Department. While subpoenas issued by courts located within New York City are valid and must be complied with in accordance with the terms of the subpoena and in the manner set forth in the applicable Department Manual procedures, subpoenas issued by courts outside of New York City require special handling and are subject to different rules regarding compliance. PROCEDURE Upon receipt of a subpoena issued by other than a court located within New York City: MEMBER OF THE SERVICE 1. Issue FEE RECEIPT (PD122-017) in accordance with P.G. 212-79, "Subpoena Fees And Accounting Procedures." 2. Forward subpoena to command liaison officer. COMMAND LIAISON OFFICER 3. Complete all entries in Subpoena Record Book. 4. Determine the response required by utilizing the following guidelines: SUBPOENA ISSUED BY A NEW YORK STATE COURT: a. When no personal appearance is required by a member of the service: (1) Such a subpoena will be complied with in accordance with P.G. 211-15, "Processing Subpoenas For Police Department Records And Testimony By Members Of The Service." b. When a personal appearance is required by a member of the service: (1) The Legal Bureau - Document Production Unit should be consulted at (212) 374-4297 /4296 /3985. (a) Instructions received from the Document Production Unit will be complied with. (b) Comply with P.G. 212-83, "Leaving City On Police Business." SUBPOENA ISSUED BY FEDERAL COURTS: a. CRIMINAL CASES - Valid from any Federal Court in the United States. Subpoena will be complied with in accordance with P.G. 211-15, "Processing Subpoenas For Police Department Records And Testimony By Members Of The Service", if DOCUMENTS ONLY are required. If an appearance by a member of the service is required, the Document Production Unit will be notified and in addition to any directions received from the Document Production Unit, the member of the service who is the subject of the subpoena will prepare a report, on Typed Letterhead, in duplicate, addressed to the Police Commissioner, including the following information: 1. Name and location of court 2. Type of proceeding 3. Name of person concerned 4. Date of receipt of subpoena 5. Reason Police Commissioner was not notified prior to testimony, if applicable. 6. Forward REPORT as follows: (a) Original to Police Commissioner, direct (b) Duplicate to Police Commissioner, through channels. b. CIVIL CASES - VALID ONLY WHEN: 1. Served within the district where the court sits, OR 2. Served within one hundred (100) miles of the place of hearing or trial specified in the subpoena, OR 3. Issued by a Federal Court located within New York State and served within New York State, OR 4. The subpoena is endorsed by the judge authorizing the extraordinary service and served in conformance with the endorsement. SUBPOENA ISSUED BY COURTS OF OTHER STATES: a. CRIMINAL OR CIVIL CASES - NOT VALID: 1. Such subpoenas have no force and effect in the State of New York UNLESS the subpoena has been presented to a New York State judge and endorsed by the New York State judge for service in New York. NOTE: While the Department has no legal obligation to respond to these subpoenas unless they are endorsed by a New York State judge, the Department should make every reasonable effort to assist law enforcement agencies from other jurisdictions. For example, Department personnel may provide testimony that will be helpful to a criminal prosecution outside the City of New York. Permission to appear and give such testimony must be obtained through channels, and all relevant Department procedures regarding leaving the city on official business must be complied with. ADDITIONAL DATA Any time a subpoena is received which requires a member of the service to appear at a hearing or other judicial proceeding outside the City of New York, the member is required to comply with P.G. 212-83, "Leaving City On Police Business." In addition, if the member is required to appear in court outside of the City, prepare and forward the REPORT to the Police Commissioner, as outlined above under "CRIMINAL CASES". RELATED PROCEDURES Any time a member has a question concerning the validity of a subpoena, the Legal Bureau - Document Production Unit will be consulted. Processing Subpoenas For Police Department Records And Testimony By Members Of The Service (P.G. 211-15) Subpoena Fees And Accounting Procedures (P.G. 212-79) Processing Legal Bureau Requests For Department Records Including Requests Under The Freedom Of Information Law (P.G. 211-17) Processing Requests For Police Department Documents Received From Assistant Corporation Counsels And Assistant District Attorneys (P.G. 211-18) Leaving City On Police Business (P.G. 212-83) FORMS AND REPORTS FEE RECEIPT (PD122-017) Typed Letterhead P.G. 211-17 Processing Legal Bureau Requests For Department Records Including Requests Under The Freedom Of Information Law Date Effective: 08/01/13 PURPOSE To ensure prompt, efficient response by the Department to lawful subpoenas and requests for Department records made by prosecutors, government agencies and private citizens, including requests made under the Freedom of Information Law (F.O.I.L.). SCOPE The Department is required by law to comply with statutes such as F.O.I.L. and court orders, including subpoenas, which command the production of certain documents in its custody. The Legal Bureau's Document Production Unit will assist individual commanding officers/counterparts in fulfilling their responsibility to comply with subpoenas, government requests and lawful demands made by private citizens under the Freedom of Information Law (F.O.I.L.). DEFINITIONS FREEDOM OF INFORMATION LAW - The New York State Freedom of Information Law (F.O.I.L.) contained in Section 87 of the Public Officers Law, provides that all records kept by a government agency are presumed to be available for public inspection and/or copying. Exemptions from this public access requirement are very narrowly drawn and are only available when substantial confidentiality interests of law enforcement can be demonstrated. DOCUMENT PRODUCTION UNIT - A sub-unit of the Legal Bureau charged with the responsibility to ensure that all lawful requests for Department records by courts, prosecutors, government agencies and private citizens are complied with in a timely fashion. The Document Production Unit also processes all requests under the Freedom of Information Law that are received by the Department. The Document Production Unit is located at One Police Plaza, Room 110C, New York, NY 10038. F.O.I.L. RECORDS ACCESS OFFICER - The F.O.I.L. Records Access Officer is the supervisor in charge of the Document Production Unit of the Legal Bureau, or his designee. Any command receiving a F.O.I.L. request shall immediately forward it to the Records Access Officer and notify the requesting party of this action and the location of the Records Access Officer. F.O.I.L. APPEALS OFFICER - The F.O.I.L. Appeals Officer is the Deputy Commissioner, Legal Matters or designee. COMMAND LIAISON OFFICER - Every commanding officer/counterpart within the Department is designated as the official Liaison Officer for the purpose of tracking and expediting requests for records by the Document Production Unit of the Legal Bureau. While commanding officers/counterparts may delegate the gathering of these records to subordinates, they will be responsible for their commands' compliance with all requests from the Document Production Unit. NOTE: Subpoenas served directly at individual commands will not be forwarded to the Document Production Unit without the permission of the Supervisor, Document Production Unit. Such subpoenas are handled in accordance with P.G. 211-15, "Processing Subpoenas For Police Department Records And Testimony by Members Of The Service." PROCEDURE Upon receiving a subpoena, a F.O.I.L. request or other demand for Department records: SUPERVISOR, DOCUMENT PRODUCTION UNIT 1. Record receipt of subpoena, F.O.I.L. request or other demand for records. 2. Examine request and determine whether it must be complied with under applicable provisions of law and/or Department policy. 3. Assign a staff member to process the request. NOTE: The Supervisor, Document Production Unit, will make every effort to screen and/or narrow unnecessary or unduly burdensome requests for Department records. DOCUMENT PRODUCTION UNIT STAFF MEMBER 4. Prepare and forward specific request for Department records to Liaison Officer, command concerned. 5. Set forth time limits within which the Document Production Unit must receive a response from the command concerned. NOTE: Certain document requests require an expeditious response, such as F.O.I.L. requests, which require a response from the F.O.I.L. Records Access Officer within ten days of initial receipt by the Police Department. Subpoenas and court orders frequently require immediate production in court of the records concerned. LIAISON OFFICER, COMMAND CONCERNED 6. Record receipt of request for Department records from the Document Production Unit. 7. Gather and photocopy documents requested. NOTE: While commanding officers/counterparts may delegate the gathering of these records to subordinates, the commanding officers/counterparts are responsible for their commands' compliance with all requests from the Document Production Unit. 8. Forward photocopies in compliance with request within time limits given by Document Production Unit. NOTE: Under no circumstances will original records be forwarded to the Document Production Unit without the permission of the Supervisor, Document Production Unit. 9. If unable to comply within the time limit set by the Document Production Unit: a. Make immediate telephone notification to the Document Production Unit staff member assigned to the case b. Forward report to Supervisor, Document Production Unit, within stated time limit indicating: (1) Date records will be forwarded; and (2) Reason for delay. c. Forward records in partial compliance with request if so directed by Document Production Unit d. Forward completed photocopies of all records requested as soon as they are available. 10. Prepare a report explaining the status of the records and forward to the Supervisor, Document Production Unit, if the records requested by the Document Production Unit have been lost, destroyed or are otherwise unavailable. SUPERVISOR, DOCUMENT PRODUCTION UNIT 11. Forward documents in compliance with court order, F.O.I.L request or Department policy, as appropriate. ADDITIONAL DATA All photocopies forwarded in compliance with the above procedure must be complete, clear, legible and without alteration. Where commanding officers/counterparts have concerns about protecting the confidentiality of information contained in these documents, they must forward an accompanying report to the Supervisor, Document Production Unit, setting forth the basis for these concerns. The Supervisor, Document Production Unit, is charged with the responsibility to prevent release of confidential information contained in Department records whenever possible under law. The telephone number for the Document Production Unit is (212) 374-4273/4279. FREEDOM OF INFORMATION LAW (F.O.I.L.) Any individual denied access to a record by the Record Access Officer has the right to appeal, within thirty days, to this agency's Appeals Officer, the Deputy Commissioner, Legal Matters, or designee. The Records Access Officer will provide the requesting individual with specific information needed to make such an appeal. Members of the public should not be advised that they will obtain the records sought, since the Freedom of Information Law allows agencies to deny disclosure under certain conditions. All inquiries regarding this law will be referred to the Records Access Officer located at One Police Plaza, Room 110C, New York, NY 10038 (212) 374-6902. Except as otherwise provided, the fee shall be twenty-five cents ($0.25) a page for photocopying. RELATED PROCEDURES Processing Subpoenas For Police Department Records And Testimony By Members Of The Service (P.G. 211-15) Subpoena Fees And Accounting Procedures (P.G. 212-79) Processing Subpoenas Issued By Courts Outside New York City (P.G. 211-16) Processing Requests For Police Department Documents Received From Assistant Corporation Counsels and Assistant District Attorneys (P.G. 211-18) P.G. 211-18 Processing Requests For Police Department Documents Received From Assistant District Attorneys And Assistant Corporation Counsels Date Effective: 08/01/13 PURPOSE To ensure prompt and complete compliance with requests made by assistant district attorneys and assistant corporation counsels for any records or reports compiled by the Police Department concerning a case in litigation or being prepared for litigation. SCOPE In order to effectively prepare and maintain a criminal case, the prosecutor is required by law to have access to all reports, notes, memoranda, test results, or any forms prepared by law enforcement officers in connection with the facts and circumstances that form the basis of the prosecution. Certain forms and/or reports prepared by law enforcement officers are required by the rules of Criminal Procedure and Case Law to be turned over to the defense at certain points in the course of the prosecution. The failure to turn over such reports, in a case that has proceeded to trial and resulted in a guilty verdict, will result in a reversal of the conviction. This is true even in cases where the prosecutor was not aware of the existence of the report. Courts have held that the possession of such reports by the Police Department is the equivalent of possession by the prosecutor, and therefore, that the failure to turn over the reports possessed by the Police Department must result in a reversal of any conviction obtained. Therefore, it is imperative that any member of the service who is involved in the prosecution of a criminal action inform the assistant district attorney (or the assistant corporation counsel prosecuting a juvenile in Family Court) of all reports or notes made in connection with the case no matter how insignificant the member feels the notes or memoranda might be. NOTE: Members of the service are advised that a request for records received from an assistant district attorney or assistant corporation counsel does not require an accompanying subpoena. All such requests for records from an assistant district attorney or assistant corporation counsel shall be complied with as expeditiously as possible. Such requests should be on District Attorney's Office or Corporation Counsel letterhead (or other form supplied by District Attorney's Office or Corporation Counsel's Office) and should include the following information: a. Name of Case b. Name and telephone number of requesting attorney c. Date of arrest d. Precinct of arrest e. Name of arresting officer; and f. Docket number assigned to case. PROCEDURE Upon receiving a request by an assistant district attorney or assistant corporation counsel to provide copies of Department forms, records, reports, or memoranda: MEMBER OF THE SERVICE RECEIVING REQUEST 1. Record receipt of request in Subpoena Record Book completing all appropriate captions therein. a. Under caption entitled, "TYPE OF SUBPOENA" enter "D.A. Request" or "Corporation Counsel Request", as applicable. b. Under caption entitled "ISSUING COURT" enter the D.A.'s Office or Corporation Counsel Unit concerned (e.g., N.Y. CO. D.A., etc.). 2. File copy of request in Command Subpoena File. NOTE: If a member of the service receiving a request has any doubts regarding the propriety of complying with the request, the Legal Bureau Document Production Unit may be consulted by telephone at (212) 374-4296 /4297 /3985. 3. Forward request to appropriate unit within the Department if requested material is not available at receiving command. a. Attach report if partial compliance with request is made by receiving command. Indicate in report what action has been taken by receiving command and which portion of request requires action by command to which request is forwarded. 4. Obtain photocopies of all Department forms or records requested that are available at receiving command. a. If records requested are of a type only available to a particular member of the service, such as ACTIVITY LOG (PD 112-145) entries or scrap paper notes, the member of the service receiving request will ensure that request is forwarded to appropriate member. The member who has possession of the requested material will comply with this procedure. 5. Forward photocopies of records requested to assistant district attorney or assistant corporation counsel without delay. NOTE: In cases where a summary arrest has been effected, the arresting/assigned officer will make all reasonable efforts to secure photocopies of all Department forms and reports prepared, and all personal notes or scrap-paper notes and will make such copies available to the assistant district attorney or assistant corporation counsel concerned at the complaint room. For arrests processed through Queens or Brooklyn C.A.P.S. Program, or in cases where a DESK APPEARANCE TICKET (PD 260-121) has been issued, the arresting/assigned officer will include such photocopies in the arrest package forwarded to court. RELATED PROCEDURES Processing Subpoenas For Police Department Records And Testimony By Members Of The Service (P.G. 211-15) Subpoena Fees And Accounting Procedures (P.G. 212-79) Processing Subpoenas Issued By Courts Outside New York City (P.G. 211-16) Processing Legal Bureau Requests For Department Records Including Requests Under The Freedom Of Information Law (P.G. 211-17) FORMS AND REPORTS ACTIVITY LOG (PD 112-145) DESK APPEARANCE TICKET (PD 260-121) P.G. 211-19 New York City Transit Law Torts "Quick Response" Unit Date Effective: 08/01/13 PURPOSE To establish guidelines for a cooperative transfer of information from members of the service (uniformed/civilian) to members of the New York City (NYC) Transit Law Torts Division "Quick Response" Unit at a precinct/district or at the scene of certain incidents. SCOPE To make members of the service aware that the Torts Division of the New York City Transit Law Department maintains a "Quick Response" investigatory unit. The mission of the "Quick Response" unit is to respond to selected incidents which may present significant exposure of the NYC Transit to a civil law suit. These are incidents which involve multiple injuries, serious injuries, death, or that may be the subject of significant media exposure that require quick and comprehensive fact finding. On occasion, uniformed members of the service will be requested to furnish information or copies of Department reports relative to these incidents, to members of the "Quick Response" investigatory unit at the scene of an incident or at a precinct/district. DEFINITIONS RESTRICTED MATERIAL - Documents or information that are the subject of a criminal investigation, internal disciplinary matter, or are otherwise prohibited by current orders or law may not be disclosed. PROCEDURE When information is requested by a member of the NYC Transit Law Torts Division "Quick Response" Unit: UNIFORMED MEMBER OF THE SERVICE 1. Request identification and verify the identity of the individual. NOTE: Investigators working for the Torts Division must possess and display a NYC Transit employee pass and a separate law department investigator identification card. This I.D. card is blue and displays the employees photograph on the reverse side. Further verification of the investigators identity may be obtained by calling the Law Department Management Personnel at the following telephone numbers: (718) 694-3835, 3842 or 3860. 2. Refer or direct investigator to the precinct/district of occurrence, after the identity of the investigator has been verified. PRECINCT/DISTRICT DESK OFFICER 3. Make a Command Log entry indicating the identity of the investigator. a. Indicate what photostatic copies or information was given to the investigator. 4. Provide the investigator with copies of any of the following reports provided their contents are not in conflict with the definition of RESTRICTED MATERIAL: a. AIDED REPORT WORKSHEET (PD304-152b) b. FIELD INVESTIGATION WORKSHEET (TP-67) c. PROPERTY CLERK INVOICE (PD521-141) d. MISSING-UNIDENTIFIED REPORT (PD336-151) e. COMPLAINT REPORT (PD313-152) f. UNUSUAL OCCURRENCE REPORT (PD370-152) g. EMERGENCY SERVICE REPORT (PD304-151). NOTE: For further reports or documents prepared in the normal course of an incident investigation see P.G. 211-18, "Processing Request For Police Department Documents Received from Assistant Corporation Counsels And Assistant District Attorneys." UNIFORMED MEMBER OF THE SERVICE 5. Refer investigator seeking to interview the involved uniformed member of the service to a supervisor for approval, prior to interview. NOTE: Interviews of uniformed members of the service are permissible upon approval of a supervisor provided that all Department provisions relative to the interview of uniformed members of the service are adhered to, and police operations are not interrupted. PATROL SUPERVISOR 6. Verify the identity of the investigator and record in ACTIVITY LOG (PD112-145). a. Obtain the scope of the questions to be asked of the member of the service and ensure they do not violate Department provisions or the definition of RESTRICTED MATERIAL. TRANSIT BUREAU COMMUNICATIONS UNIT OPERATIONS DESK OFFICER 7. Notify NYC Transit Law Department personnel of non-crime incidents resulting in serious injuries to members of the public, as soon as possible after the serious injury occurs. Notifications will be made in the following incidents: a. Death b. Amputation or crushed limb c. Fractured skull d. Severe bleeding e. Unconsciousness f. Admitted to hospital in critical condition g. Four or more persons injured h. Exposure to toxic substances i. Injury with media involvement. NOTE: During non-business hours photocopies of reports prepared in accordance with steps 4 and 7 above, will be maintained by the Operations Unit for notification to the New York City Transit Legal Department the following morning. ADDITIONAL DATA Notifications will be made to NYC Transit Law Department personnel, Monday through Friday (0600 - 2200 hours) and Saturday/Sunday (0800 - 2200 hours) as follows: Manhattan (718) 694-3845 Brooklyn (718) 694-3838 (718) 694-3837 Bronx/Queens/S.I. (718) 694-3844 RELATED PROCEDURES Processing Requests For Police Department Documents Received From Assistant Corporation Counsels and Assistant District Attorneys (P.G. 211-18) FORMS AND REPORTS ACTIVITY LOG (PD112-145) FIELD INVESTIGATION WORKSHEET (TP-67) PROPERTY CLERK INVOICE (PD521-141) MISSING-UNIDENTIFIED PERSON REPORT (PD336-151) COMPLAINT REPORT (PD313-152) DUTY COMMANDERS REPORT SPECIAL REPORT (TP-68C) EMERGENCY SERVICE REPORT (PD304-151) P.G. 211-20 Conferral With Department Attorney Date Effective: 08/01/13 PURPOSE To provide members of the service (uniformed and civilian) with formal legal advice in situations arising from the performance of duty. PROCEDURE When a member of the service (uniformed or civilian), requires formal legal advice, in the performance of duty, he will: UNIFORMED MEMBER OF THE SERVICE 1. Present facts to the supervisory officer. SUPERVISORY MEMBER 2. Determine whether conferral with a Department attorney is necessary and advise member accordingly. 3. Direct member to contact Department attorney, when deemed necessary, between 0700 and 2300 hours, Monday through Friday, in person or by telephone (212) 374-5400. a. Contact commanding officer/duty captain for guidance and assistance in urgent cases during other than the above hours. NOTE: When absolutely necessary, a captain or above may contact the Deputy Commissioner, Legal Matters or the Commanding Officer, Legal Bureau, through the Operations Unit during other than the aforementioned hours. UNIFORMED MEMBER OF THE SERVICE 4. Confer with Department attorney. 5. Report results of conferral with Department attorney to supervisory officer. SUPERVISORY MEMBER 6. Have Command Log entry made to indicate conferral, including: a. Date and Time b. Name rank and command of member requesting opinion c. Name, rank and command of captain or above, if request made outside regularly specified hours d. Attorney's name and civil service title e. Details of legal question f. Details of legal opinion g. Actions taken as a result of conferral. UNIFORMED MEMBER OF THE SERVICE 7. Comply with directions received from Department attorney. ADDITIONAL DATA After conferral with a Department attorney, if a member seeks or receives contrary advice from a supervisor or assistant district attorney, the member MUST inform the individual providing the contrary advice of such prior conferral. If a suggestion is then made to disregard or modify the advice of the Department attorney, the member or the supervisor concerned MUST notify the Department attorney of the circumstances, and MUST FOLLOW THE DEPARTMENT ATTORNEY'S ADVICE. Members of the service (uniformed and civilian) should be aware that in disregarding legal advice offered by Department attorneys, they may be subject to disciplinary action and civil liability. If a written request for legal opinions is required, prepare request on Typed Letterhead, signed by the commanding officer and forward through channels to the Legal Bureau. FORMS AND REPORTS Typed Letterhead P.G. 211-21 Obtaining Assistance Of Corporation Counsel Date Effective: 03-13-14 PURPOSE To ensure that legal representation is provided to a member of the service (uniformed or civilian) who is served with a summons and complaint or who otherwise becomes aware that he/she is a defendant in a civil lawsuit arising from an alleged act or omission that occurred in the performance of duty. Timeliness is essential to prepare a response. Failure to complete and forward REQUEST FOR LEGAL ASSISTANCE (PD411-160) in a timely manner may result in a default judgment being entered against the member named as a defendant. PROCEDURE When a member of the service is served with a summons and complaint or otherwise becomes aware that he/she is a defendant in a civil lawsuit: WHEN SUMMONS AND COMPLAINT IS PERSONALLY SERVED UPON A MEMBER OF THE SERVICE AT THEIR COMMAND DESK OFFICER/SUPERVISOR AT COMMAND 1. Accept service of summons and complaint for member assigned to the command. NOTE: Any summons and complaint served at a satellite location of an overhead command, will be accepted by that satellite command and processed as per this procedure. This includes, but is not limited to, a precinct detective squad, any Medical Division command, Warrant Division command or any other satellite location in which there are no police officer safety concerns. If there are any police officer safety concerns (i.e., narcotics, vice enforcement or other command with undercover officers assigned), refer the server and the summons and complaint to the overhead command. 2. Make Command Log entry including date and time of service at command. 3. Notify member concerned immediately. 4. Deliver papers to member. a. Give papers to commanding officer, without delay, if member is unavailable (e.g., sick leave, vacation, etc.). NOTE: If commanding officer is unavailable, give papers to executive officer. The executive officer will assume responsibility for completing the steps designated for the commanding officer. 5. Make Command Log entry including date and time member actually received summons and complaint. NOTE: A summons and complaint WILL NOT be accepted from a process server for a member who is no longer assigned to the command on the date to service. The process server will be directed to the member's new command. WHEN SUMMONS AND COMPLAINT IS SERVED BY MAIL UPON A MEMBER OF THE SERVICE AT THEIR COMMAND OPERATIONS COORDINATOR 6. Attach mailing envelope to the summons and complaint. 7. Make Command Log entry indicating receipt via US Mail or other carrier. a. Include date and time of service at command. 8. Notify member concerned immediately. 9. Deliver papers to member. a. Give papers to commanding officer without delay if member is unavailable (e.g., sick leave, vacation, etc.). NOTE: If commanding officer is unavailable, give papers to executive officer. The executive officer will assume responsibility for completing the steps designated for the commanding officer. 10. Make Command Log entry including date and time member actually received summons and complaint. 11. Mail summons and complaint back to sender if member is no longer assigned to command or has retired. a. Forward a letter on OFFICIAL LETTERHEAD (PD158-151) to sender indicating member's present command or retired status (see APPENDIX "A"). NOTE: Service may be made in certain circumstances by sending two copies of the summons and complaint along with an "Acknowledgement of Service" or "Waiver of Service" by mail to the member's command. The operations coordinator will ensure to attach the mailing envelope to the summons and complaint. An "Acknowledgement of Service" or a "Waiver of Service" is a request by the plaintiff to avoid the cost of personal service. If the member wishes to waive personal service by signing the "Acknowledgement of Service" or "Waiver of Service," a process server will not be sent to the member's home or command. If the member does not agree to waive personal service, certain costs (e.g., plaintiff's cost to have summons served, etc.) may be assessed against the member at a later date. If the member decided to sign the "Acknowledgement of Service" or "Waiver of Service," a copy will be sent to the Legal Bureau with the envelope, summons and complaint, and REQUEST FOR LEGAL ASSISTANCE (PD411-160). Should the member of the service need further guidance, the Legal Bureau, Civil Section should be contacted. MEMBER CONCERNED 12. Prepare "Part A" of REQUEST FOR LEGAL ASSISTANCE(PD411-160). 13. Retain "PINK" copy and a copy of the summons and complaint for personal records. 14. Deliver "BLUE" and "WHITE" copies of REQUEST FOR LEGAL ASSISTANCE with original summons and complaint (if served), and envelope (if served by mail), to current commanding officer immediately. MEMBER'S CURRENT COMMANDING OFFICER 15. Prepare "Part B" of REQUEST FOR LEGAL ASSISTANCE. a. Contact Internal Affairs Bureau's Records Unit to determine if an investigation was conducted regarding the incident and provide name and tax registry number of the individual contacted b. Contact Department Advocate's Office to determine if there are charges and specifications regarding the incident and provide name and tax registry number of the individual contacted c. Determine whether recommendation should be made to have Corporation Counsel represent the member based on information available. 16. Distribute as follows: a. "WHITE" copy of REQUEST FOR LEGAL ASSISTANCE form, with original summons and complaint (if served) and envelope (if served by mail), immediately and without delay, DIRECT to: Legal Bureau, Room 1406, One Police Plaza, Monday through Friday, 0900 to 1700 hours b. "BLUE" copy of REQUEST FOR LEGAL ASSISTANCE form, with duplicated copies of summons and complaint (if served) will be FILED at command. c. Copy of the fully executed REQUEST FOR LEGAL ASSISTANCE to the member concerned. COMMANDING OFFICER, LEGAL BUREAU 17. Review all documents received in connection with request for legal assistance and forward completed REQUEST FOR LEGAL ASSISTANCE to Corporation Counsel. 18. Contact the Corporation Counsel on a quarterly basis to determine the names of all members of the service and the names of any cases for which REQUESTS FOR LEGAL ASSISTANCE have been declined by the Corporation Counsel during the preceding ninety day period. MEMBER CONCERNED 19. Contact the Legal Bureau ten business days after commanding officer has forwarded REQUEST FOR LEGAL ASSISTANCE to ensure it has been received. a. Notify commanding officer if REQUEST FOR LEGAL ASSISTANCE has not been received by the Legal Bureau. 20. Contact private counsel and/or union to obtain legal representation, when Corporation Counsel has declined representation in the legal case. NOTE: All sections of the REQUEST FOR LEGAL ASSISTANCE must be completed in full. Failure to complete the form will result in it being returned to the command and will delay a representation determination by the Corporation Counsel. Members of the service may contact the Legal Bureau, Civil Section with any questions. ADDITIONAL DATA When serving process upon active members of the service, a process server will respond to the command when the individual is assigned or the parent command if the command where the individual is assigned is confidential. Service at the command need not be made directly on the member named as a defendant. A member of the service who is served with a summons and complaint or who otherwise becomes aware that he/she is a defendant in a civil lawsuit arising from an alleged act or omission that occurred in the performance of duty will be defended by the Corporation Counsel and the City will pay any resulting judgment, if it is determined in accordance with the General Municipal Law (Section 50-k) that at the time of occurrence, the member of the service was acting in the proper discharge of duty. Notice of representation by the Corporation Counsel will be forwarded to the member concerned by the Corporation Counsel. The member concerned must cooperate and assist the Corporation Counsel in defending the action. Failure to cooperate with the Corporation Counsel may result in withdrawal of representation. A "Notice of Claim" is required before commencement of a tort action against the City of New York. However, service of a "Notice of Claim" on the Police Department is considered IMPROPER service and may provide the basis for dismissal of a complaint. A "Notice of Claim" should NOT be accepted by any member of the Department and the process server should instead be directed to the Office of the Comptroller. Any "Notice if Claim" mailed to the Department should be returned to sender. A REQUEST FOR LEGAL ASSISTANCE should NOT be prepared for a subpoena. If a subpoena is received, members of the service will comply with P.G. 211-15, "Processing Subpoenas for Police Department Records and for Testimony by Members of the Service" or P.G. 211-16, "Subpoenas Issued by Courts Outside New York City." RELATED PROCEDURES Processing Subpoenas for Police Department Records and for Testimony by Members of the Service (P.G. 211-15) Subpoenas Issued by Courts Outside New York City (P.G. 211-16) FORMS AND REPORTS REQUEST FOR LEGAL ASSISTANCE (PD 411-160) OFFICIAL LETTERHEAD (PD158-151) APPENDIX "A" (SAMPLE LETTER) (Command Communication Log Serial Number) ______________ Date ______________ Name of Plaintiff Address of Plaintiff Re: CASE NAME Dear ___________: The attached papers are being returned to you. This office is not authorized to accept service on behalf of (name of member of the service). As such, the attempted service is not effective. Members of the New York City Police Department must be served at their current command of assignment. The command to which an employee of the New York City Police Department is assigned to may be ascertained by calling the Verification Unit at (646) 610-5529. Sincerely, Name Rank Command Operations P.G. 212-01 Roll Call Formations Date Effective: 08/01/13 PURPOSE To inspect, instruct and conduct roll call of uniformed members of the service. PROCEDURE Five minutes after the start of tour of duty: PATROL SUPERVISOR 1. Assemble platoon in ranks in sitting or muster room. NOTE: Either muster or sitting room may be utilized at discretion of commanding officer. 2. Make assignments. 3. Inspect the platoon. a. Allow uniformed members concerned to reasonably demonstrate that a protective vest is being worn. b. List members deficient in uniform, equipment or personal appearance. c. Reprimand and instruct deficient members privately. d. Follow up to determine if corrections have been made; take disciplinary action if necessary. NOTE: Upon notification that a protective vest inspection will be conducted by the patrol supervisor, it is incumbent on the uniformed member concerned to take appropriate actions to demonstrate that a protective vest is being worn. Such actions may include, but are not limited to: a. Raising, removing, unbuttoning top garment so as to expose the protective vest, to visual inspection, OR b. Patting on the front and rear of the protective vest so as to produce a sound, OR c. Any other manner which will indicate to the patrol supervisor that the protective vest is being worn. Uniformed members of the service are reminded that only authorized/approved protective vests will be worn. 4. Report personally to desk/ranking officer, members absent and reason, if known. 5. March the platoon, when directed, into muster/sitting room. 6. Face platoon toward desk/ranking officer conducting roll call and dress up platoon. 7. Take position at front-center of platoon. DESK OFFICER 8. Direct, "Report (1st, etc.) platoon." PATROL SUPERVISOR 9. Salute desk/ranking officer. 10. Report, "Platoon inspected." 11. Command, "Parade rest." DESK OFFICER 12. Conduct roll call. 13. Issue necessary instructions. 14. Command, "Post your platoon." PATROL SUPERVISOR 15. Assume position of attention. 16. Command, "Platoon attention." 17. Face platoon in direction to be marched. 18. Instruct platoon not to congregate in groups around the stationhouse. 19. Direct members of platoon to leave stationhouse for post or assignments at selected intervals. ADDITIONAL DATA Sergeants, police officers and detectives required to report in uniform to a location within the geographic boundaries of the precinct to which assigned at the beginning of their tour, shall be given sufficient travel time within the tour. RELATED PROCEDURES Uniforms (P.G. 204-03) Inspection of Uniforms (A.G. 305-06) P.G. 212-02 Meal Period Date Effective: 08/01/13 PURPOSE To provide for meal periods, obtain authorization for out of command meal, obtain approval from competent authority for meal period and report meal location to radio dispatcher. PROCEDURE When commencing meal period: UNIFORMED MEMBER OF THE SERVICE 1. Take meal in either a police facility, bonafide restaurant or Department vehicle. 2. Notify radio dispatcher at beginning of meal, of location where meal is to be taken. a. If meal is to be taken in a Department facility, notify the desk officer. NOTE: Uniformed members of the service shall commence and end their meal period on assigned post. Travel time to and from a meal location is not authorized. UNIFORMED MEMBER OF THE SERVICE ASSIGNED TO FOOT / TRAIN PATROL 3. Obtain meal on assigned post, if possible, and in a place maintained for eating purposes. 4. Make ACTIVITY LOG (PD112-145) entry prior to leaving post including meal location address, and again upon returning to post. 5. Inform radio dispatcher upon return to post and make ACTIVITY LOG entry. UNIFORMED MEMBER OF THE SERVICE ASSIGNED TO RMP 6. Notify radio dispatcher, by appropriate code signal, prior to commencing assigned meal period and upon return to patrol and provide: a. Address when meal taken in restaurant b. Nearest intersection when meal taken in Radio Motor Patrol (RMP) c. "Stationhouse" when meal taken in command facility. 7. Remain in area designated by commanding officer, if meal is taken within command facility. a. Be available for assignment by desk officer. 8. Acknowledge calls directed to unit and: a. Remain within assigned sector, when practical b. Do not park more than one Department vehicle in the same place at the same time c. Comply with any request for police service and make ACTIVITY LOG entry. 9. Notify desk officer when deprived of scheduled meal due to police service. NOTE: Uniformed members of the service assigned to the Transit Bureau or Special Operations Division, while assigned to duty in RMP, may take a meal period within their geographic area of assignment. Uniformed members of the service assigned to the Housing Bureau, may take a meal period in a bonafide restaurant, Department vehicle or police facility within the boundaries of the precinct in which the member is assigned to for that tour. Housing Bureau members may also take meal at a Police Service Area facility as determined by the Chief of Housing. All uniformed members of the service assigned to duty in RMP will adhere to steps 6 a through c, when requesting meal. DESK OFFICER 10. Take meal, when appropriate, providing another supervisor is assigned to cover desk officer responsibilities and is able to provide continuous police service within the command. 11. Make accommodations, if possible, so that members are not deprived of meal, if their originally scheduled meal is delayed due to police services rendered. a. Assign a police officer for relief of RMP operator or recorder, when necessary. b. Assign a police officer to provide meal relief for member fixed post, if available. assigned to ASSIGNED MEAL RELIEF OFFICER 12. Remain in view on post at time of relief when assigned to relieve radio motor patrol unit for meal. a. Assume all duties of recorder during relief period. RMP OPERATOR 13. Transport relieved member directly to meal location. UNIFORMED MEMBER OF THE SERVICE ON MEAL 14. Notify desk officer if radio motor patrol fails to return within fifteen minutes after end of meal period. PATROL SUPERVISOR 15. Notify radio dispatcher, via landline, from meal location when commencing meal period. a. Make ACTIVITY LOG entry at beginning of meal (include address of meal location) and upon conclusion of meal period. UNIFORMED MEMBER OF THE SERVICE PERFORMING DUTY IN CIVILIAN CLOTHES 16. Request permission from immediate supervisor prior to taking meal. 17. Notify immediate supervisor of intended meal location. a. If immediate supervisor is unavailable, notify bureau/borough desk/Field Operations Desk (FOD) of intended meal location. operations 18. Document name of supervisor notified and meal location in appropriate Department record (ACTIVITY LOG, INVESTIGATOR'S DAILY ACTIVITY REPORT (PD439-156), movement log, etc.). ADDITIONAL DATA Members on meal period are still on duty and therefore will remain alert and not engage in any activity ordinarily prohibited. The commanding officer of a precinct may designate a portion of an adjoining precinct where members may obtain meals during the hours a suitable eating facility is not available within the precinct of assignment. Such designation shall be forwarded on Typed Letterhead to the appropriate borough commander. Whenever any uniformed member of the service, regardless of assignment, is authorized to leave the command or assignment to obtain a meal in another precinct, such member will, in addition to other requirements: a. Request and obtain permission from immediate supervisor to leave the command and advise that supervisor of the intended meal location b. If such member is unable to notify their immediate supervisor, the member is then required to notify their individual bureau/borough operations desk/FOD of their meal location. This notification will also include their scheduled tour of duty and the expiration of their tour c. Enter in appropriate Department record (e.g., ACTIVITY LOG or INVESTIGATOR'S DAILY ACTIVITY REPORT, movement log, etc.) the name of the supervisor notified and the location where the meal was taken. All on-duty members of the service, whether in uniform or civilian clothes, are strictly prohibited from consuming intoxicants in any amount. This includes members during their meal period. However, members assigned to duty in civilian clothes may be granted permission by the bureau chief/counterpart concerned based upon the nature of the member's assignment. Police officers that are normally scheduled to work an eight or nine hour tour of duty may be scheduled for a one hour meal period. Police officers normally assigned to work a twelve hour tour of duty will be scheduled two, non-consecutive, forty-five minute meal periods. Members are not to be assigned meal periods during the first or last hour and one-half (11/2) of their tour, except in emergency situations. A member must be scheduled for eight consecutive hours of duty to be eligible for a meal period. If a police officer is scheduled for a full tour of duty and requests an excusal from duty of three hours or less, that police officer will be eligible for a meal period provided that the police officer requests that partial excusal prior to the start of the scheduled tour of duty. While on extended tour overtime for an arrest or other police necessity, a meal period may be granted by a supervisor to a uniformed member of the service only if their assigned meal period was denied during their regularly scheduled tour. However, such meal period may not be granted if the meal period interferes with arrest processing or the needs of the service. Under no circumstances will a rescheduled meal period on extended tour overtime be assigned during the last hour of overtime. Once the event that necessitated the extended tour overtime ends, a member who has not yet taken a meal period is precluded from taking any meal thereafter. Absent exigent circumstances during extended tour overtime, uniformed members of the service who had taken their assigned meal period during their regularly scheduled tour may be granted a break or break periods commensurate with the expected duration of overtime. Uniformed members of the service in the rank of police officer, assigned to outside details (e.g., parades, events, etc.), should be granted a one hour meal period absent exigent circumstances. Police officers assigned to outside details who are denied a one hour meal period are entitled to a credit of one hour compensatory time at straight time. However, this credit is not available to police officers whose meal was denied due to exigent circumstances. Commanding officers of outside details are responsible to ensure that police officers are assigned and granted one hour meal periods absent exigent circumstances. Detail supervisors shall assign meal periods prior to posting the detail. If exigent circumstances prevent the granting of meal periods, commanding officers of outside details are responsible to submit a written communication to the Office of Labor Relations detailing the actual exigent circumstances. The Police Commissioner will then make a final determination if exigent circumstances did exist. FORMS AND REPORTS ACTIVITY LOG (PD 112-145) INVESTIGATOR'S DAILY ACTIVITY REPORT (PD439-156) Typed Letterhead P.G. 212-03 Expiration Of Tour Date Effective: 08/01/13 PURPOSE To account for members at the completion of their tour of duty. PROCEDURE Upon completing a tour of duty: UNIFORMED MEMBER OF THE SERVICE ON FOOT PATROL 1. Leave post and proceed directly to stationhouse. 2. Contact the desk officer one hour prior to the end of tour when on assignment requiring relief, and request instructions. 3. Comply with instructions of commanding officer when assigned to a special post. 4. Complete, sign, and submit reports as required. 5. Return portable radio and sign checkout record as specified by commanding officer. R.M.P. CREW 6. Complete current assignment if any. a. Comply with desk officer's instructions if assignment can be transferred to another unit. 7. Proceed to stationhouse and park in RMP relief area as designated by commanding officer. 8. Remain with RMP until relieved. R.M.P. OPERATOR 9. Inform relieving operator of any incomplete assignment or any defect or condition relating to the auto. 10. Secure auto and deliver keys to desk officer if RMP car is not being used on the next tour. UNIFORMED MEMBER OF THE SERVICE 11. Sign return roll call in uniform. 12. Notify desk officer if unable to report to the stationhouse at the end of the tour. DESK OFFICER 13. Check return roll call to account for all members from previous tour and sign as required. 14. Conduct immediate investigation if member failed to sign return roll call. ADDITIONAL DATA Uniformed members of the service who are normally assigned to the Fourth Platoon (1800 X 0200 hours) that are subpoenaed, directed by the Appearance Control Unit or notified by other competent authority, to attend any court, official agency hearing or training session the following day (Second Platoon), will be notified in advance and reassigned to perform duty with the Third Platoon (1600 X 2400 hours). Those uniformed members of the service who are not notified in advance or who are already performing duty with the Fourth Platoon at the time they receive a notification to attend any court, official agency or training session the following day on the Second platoon, will be excused from duty, under normal circumstances, at 2400 hours. If the member concerned effects an arrest and the related paperwork is not completed by 2400 hours or the member concerned is in the process of performing a police function beyond 2400 hours, that member is not entitled to be dismissed until all of the police related functions are complete. If the uniformed member of the service continues to work beyond 0200 hours, the officer will be entitled to receive appropriate overtime compensation in the normal manner. (The officer is not entitled to receive any overtime compensation for the time period 2400 to 0200 hours.) Desk officer/counterpart will make appropriate notations of those uniformed members of the service who are dismissed at 2400 hours in the Command Log, roll call or sign out sheet. P.G. 212-04 Crime Scene Date Effective: 08/01/13 PURPOSE To safeguard evidence and detain witnesses for further investigation. DEFINITIONS "POLICE LINE DO NOT CROSS" BARRIER TAPE - a white non-adhesive plastic tape imprinted with blue lettering stating "POLICE LINE DO NOT CROSS." To be utilized in order to establish and/or create a secure area for police related operations. It can be used to close streets, secure buildings, secure transit facilities, close areas to the public, etc. "CRIME SCENE DO NOT CROSS" BARRIER TAPE - a yellow non-adhesive plastic tape imprinted with black lettering stating "CRIME SCENE DO NOT CROSS." To be utilized for a specific area (e.g., possibly within areas already secured by "POLICE LINE DO NOT CROSS" barrier tape, etc.) that MUST BE SAFEGUARDED because it has been deemed a crime scene and the objects within it contain possible investigative and forensic value. PROCEDURE Upon responding to a crime which may require safeguarding of the scene to preserve evidence: UNIFORMED MEMBER OF THE SERVICE 1. Request response, through Communications Section, of: a. Patrol supervisor b. Detective squad/detective specialty squad concerned or other personnel, as required. 2. Remove unauthorized persons from the area and secure the crime scene. a. Do not disturb evidence found at scene. b. When uncertainty exists as to the extent of the crime scene, initially secure the larger area for investigation. 3. Utilize barrier tape(s), as appropriate. 4. Detain witnesses and persons with information pertinent to the crime. 5. Record in ACTIVITY LOG (PD112-145): a. Observations b. Identity of suspects/witnesses with addresses and telephone numbers and any relevant statements made whether casually or as a formal statement. 6. Advise patrol supervisor and detective squad/detective specialty squad personnel of: a. Identity of witnesses detained b. Other information regarding the case. PATROL SUPERVISOR 7. Assess crime scene. 8. Determine if services of Crime Scene Unit are required. NOTE: Crime Scene Unit will be requested for the following: a. Homicide b. Forcible rape c. Robbery or hijacking with injury caused by firearm d. Aggravated assault with dangerous instrument and victim likely to die e. Burglaries involving forced safes or circumvented alarms f. Any other crime in which the services of the Crime Scene Unit would be needed to assist in the investigation. If the patrol supervisor cannot respond to the scene, detective squad member/detective investigator on scene may request response of Crime Scene Unit and make other required notifications. 9. Request Crime Scene Unit direct by telephone; if landline unavailable, request through Communications Section dispatcher and include following information in request: a. Exact location, address, cross streets, specific corner, floor, apartment number, etc. b. Time and date of occurrence c. Type of crime committed; weapons used d. Number of victims involved e. Hospital treating persons removed from scene. 10. Notify desk officer of details and request additional assistance, if required. 11. Have "Crime Scene" signs posted. ADDITIONAL DATA In a homicide or other serious case, the ranking member of the Detective Bureau present will be in charge of the investigation. However, if the case is part of a large-scale incident, the Patrol Services Bureau supervisor will coordinate all police operations at the scene and the highest-ranking Detective Bureau member will be in charge of the investigation. Only authorized personnel, who are properly trained and equipped, are actively involved in the investigation of the incident, and whose presence is absolutely required, will be permitted to enter the crime scene perimeter, absent extraordinary circumstances and/or circumstances involving the life or safety of incident personnel and/or public. The Incident Commander will ensure access into the crime scene perimeter is scrupulously controlled, restricted and limited. Members of the service are reminded that deployment of the "CRIME SCENE DO NOT CROSS" barrier tape for any reason, other than to secure a crime scene, is strictly prohibited. RELATED PROCEDURES Unusual Occurrence Reports (P.G. 212-09) Crime Scene Investigations Affecting New York City Subway Service (P.G. 212-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 212-05 Crime Scene Investigations Affecting New York City Transit Train Service Date Effective: 08/01/13 PURPOSE To provide procedures for deciding whether a train involved in a serious crime or incident may be moved to another location pending a thorough crime scene investigation. SCOPE The Department has a dual responsibility, when a serious crime or incident occurs which may affect train service, to thoroughly investigate the matter as well as expeditiously permit the resumption of normal service. There are instances in which prematurely moving a train involved in a serious crime or incident would adversely affect the quality of the crime scene investigation, e.g., continuity of blood stain patterns between the train and the platform, shots fired into or from a train, photographs which tend to corroborate or disprove witnesses' statements, ejected cartridge cases that can roll considerable distances on a train which has been moved, etc. However, these cases are rare and trains may be moved, in most cases, to another location where a more extensive crime scene investigation may be conducted. Every effort should be made to quickly ascertain whether a train involved in a serious crime or incident may be moved without jeopardizing physical evidence admissibility. DEFINITION A SERIOUS CRIME or INCIDENT includes, but is not limited to the following: a. Homicide b. Felonious assault in which the victim is considered likely to die c. Police officer shot or seriously injured d. Firearms discharge by a police officer which results in injury "POLICE LINE DO NOT CROSS" BARRIER TAPE - a white non-adhesive plastic tape imprinted with blue lettering stating "POLICE LINE DO NOT CROSS." To be utilized in order to establish and/or create a secure area for police related operations. It can be used to close streets, secure buildings, secure transit facilities, close areas to the public, etc. "CRIME SCENE DO NOT CROSS" BARRIER TAPE - a yellow non-adhesive plastic tape imprinted with black lettering stating "CRIME SCENE DO NOT CROSS." To be utilized for a specific area (e.g., possibly within areas already secured by "POLICE LINE DONOT CROSS" barrier tape, etc.) that MUST BE SAFEGUARDED because it has been deemed a crime scene and the objects within it contain possible investigative and forensic value. PROCEDURE When a serious crime or incident occurs on the transit system: UNIFORMED MEMBER OF THE SERVICE 1. Detain train involved for further investigation and be guided by instructions of a supervisor. PATROL SUPERVISOR 2. Immediately respond to location and determine whether or not train service may be seriously affected. a. Ascertain whether the crime scene will adversely be affected by movement of the train to another location, if train service is seriously affected, especially during rush hours or other such conditions. 3. Confer with the ranking Detective Bureau personnel on the scene and direct the train be moved to another accessible location, if physical evidence will not be jeopardized. 4. Be aware of the exact location where the train is being taken. a. Assign a uniformed member of the service to the train to protect the crime scene. 5. Utilize barrier tape(s), as appropriate. 6. Expedite the crime scene investigation if the train cannot be moved. a. Provide for prompt resumption of service upon completion of investigation. ADDITIONAL DATA Only authorized personnel, who are properly trained and equipped, are actively involved in the investigation of the incident, and whose presence is absolutely required, will be permitted to enter the crime scene perimeter, absent extraordinary circumstances and/or circumstances involving the life or safety of incident personnel and /or the public. The Incident Commander will ensure access into the crime scene perimeter is scrupulously controlled, restricted and limited. Members of the service are reminded that deployment of the "CRIME SCENE DO NOT CROSS" barrier tape for any reason, other than to secure a crime scene, is strictly prohibited. RELATED PROCEDURE Crime Scene (P.G. 212-04) P.G. 212-06 Radio Motor Patrol Transport Reserve Surgeon Date Effective: 08/01/13 PURPOSE To provide transportation for the reserve surgeon when his/her services are required within the city. PROCEDURE When a reserve surgeon requires transportation to render services within the city: SICK DESK SUPERVISOR 1. Request that Communications Section dispatch a radio motor patrol car to transport the surgeon. COMMUNICATIONS SECTION 2. Contact Highway District. 3. Make arrangements for a radio motor patrol car to meet surgeon. 4. Notify desk officer of the RMP's command of the assignment. DESK OFFICER 4. Reassign recorder. R.M.P. OPERATOR 5. Transport surgeon to location and back to home, office, or precinct stationhouse/police service area/transit district, as directed. 6. Notify Communications Section and desk officer upon completion of assignment. DESK OFFICER 7. Reassign recorder to RMP. NOTE: When the Reserve Surgeon is located outside the city, he/she will proceed to the 50th or 105th Precinct stationhouse, as appropriate, where a RMP will meet him/her. P.G. 212-07 Transporting Non-members Of The Service In Radio Motor Patrol Cars Date Effective: 08/01/13 PURPOSE To record instances when non-members of the service are transported in police vehicles. DEFINITION NON-MEMBERS - Persons not members of the service including prisoners, complainants, witnesses, abandoned children, lost persons and mentally ill persons, and others as necessary. PROCEDURE When it is necessary to transport a non-member in a radio motor patrol car: R.M.P. RECORDER 1. Obtain permission from the patrol supervisor or desk officer, if possible. 2. Notify the radio dispatcher at the start and conclusion of the trip. 3. Search passenger area of vehicle for contraband, weapons or other property immediately upon conclusion of trip. 4. Enter in ACTIVITY LOG (PD112-145): a. Time trip starts b. Identity of persons transported c. Place of beginning and end of trip d. Purpose of trip e. Time trip ends f. Results of vehicle inspection. FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 212-08 Activity Logs Date Effective: 08/01/13 PURPOSE To accurately record activities of uniformed members of the service and aid in the evaluation of such members. SCOPE ACTIVITY LOGS (PD112-145) are prepared by all uniformed members of the service below the rank of captain, except members performing permanent administrative or clerical duties or members required to prepare INVESTIGATOR'S DAILY ACTIVITY REPORT (PD439-156). However, when any uniformed member below the rank of captain is assigned to a detail, e.g., parade, election duty, etc., the member concerned will maintain and make required entries in an ACTIVITY LOG. PROCEDURE Upon reporting for a tour of duty: UNIFORMED MEMBER OF THE SERVICE 1. Record in ACTIVITY LOG: a. Required information from roll call, before start of tour, including: (1) Day, date and tour [I.O. 50 s 11] (2) Assignment (post, sector, RMP number, etc.)/Two primary conditions to be addressed with in assigned sector/post, if applicable NOTE: Upon receiving assignment for the tour, uniformed members of the service, in consultation with the patrol supervisor, will utilize the current COMMAND CONDITIONS REPORT in identifying the two primary conditions to be addressed within their assigned sector/post. (3) Meal time (4) Name of operator/recorder, when applicable (5) School crossing or church crossing, if applicable. b. Result of vehicle inspection when assigned as RMP operator: (1) Condition of vehicle (2) Odometer reading (3) Amount of gas in vehicle. c. Chronologically: (1) Assignments received - Indicate time received, type of assignment, location, origin, code signal, disposition and time completed and/or given to dispatcher. If summons, enter summons number. (2) Tasks performed (3) Absences from post/sector or place of assignment (4) Rank and surname of supervisor(s) responding to assignment (5) Information pertinent to an assignment or observed/ suspected violation of law, i.e., action taken, narrative disposition, forms prepared with identifying serial number, etc., to include the name, rank, shield number and command of off-duty uniformed member(s) of the service involved in any off-duty incident (6) Other entries required by Department directives (7) Completion of tour, odometer reading, signature and shield number, if any. [I.O. 63 s 09] NOTE: Both the RMP operator and RMP recorder are required to make the above specified chronological entries. 2. Make entries in black ink, beginning on first line at top of page and continuing thereafter accounting for each scheduled tour: a. Utilize blank side of each page for notes, diagrams, sketches, etc., when necessary b. Carry ACTIVITY LOG in regulation leather binder c. Correct errors by drawing single line through incorrect entry and initial; do not erase d. Begin tour's entries on next open line, following previous tour closing entry. Do not skip lines or pages. e. Write or print legibly; abbreviations may be used f. Do not remove pages for any reason or use ACTIVITY LOG as scrap or for note pads, etc. 3. Submit ACTIVITY LOG to supervising officer for inspection and review upon request. 4. Direct attention of supervisor to entry which may be a matter of concern, i.e., unusual occurrence, absence from post, etc. SUPERVISORY MEMBER 5. Indicate supervision and inspection of member's ACTIVITY LOG by inserting on the next open line the date, time, rank, signature and comment, if any. a. Comments relating to a particular member's activity will be made known to the member's immediate supervisor. UNIFORMED MEMBER OF THE SERVICE 6. Store active and completed ACTIVITY LOGS in locker, available for inspection at all times. ADDITIONAL DATA Upon being permanently transferred, member will submit ACTIVITY LOG to a supervisor in the previous command for signature after the last entry and notation of member's "new" command in the "Distribution Record" under "Remarks." Member will then submit the ACTIVITY LOG to a supervisor upon arrival in the "new" command, for signature. The supervisor will then enter required information in rear of command's "Distribution Record". Upon completion of an ACTIVITY LOG, the member concerned will submit it to a designated supervisor for review. After ascertaining that all required information has been entered on the cover of the ACTIVITY LOG, the supervisor will enter his/her signature on the last page and cover of the LOG, complete required entries in "Distribution Record" and issue a new LOG to the member. Member and supervisor will complete required captions on cover of new LOG. Upon retirement of a member of the service, or other separation from the Department, completed ACTIVITY LOGS should be maintained. ACTIVITY LOGS are official accounts of police activities and are frequently needed for purposes of criminal prosecution and civil litigation. Active and former members are reminded that, as ACTIVITY LOGS contain confidential information, no member or former member is permitted to disclose, donate or sell, for personal financial gain or otherwise, any ACTIVITY LOG. However, they should be provided to the Department upon request. Active and former members are prohibited from disclosing such confidential information by statute, including, but not limited to, New York City Charter Sections 2604(b)(4) and 2604(d)(5), respectively. Violation may be punishable by financial penalties and may be considered a misdemeanor offense. RELATED PROCEDURE Activity Log Distribution Record (A.G. 322-31) FORMS AND REPORTS ACTIVITY LOG (PD112-145) INVESTIGATOR'S DAILY ACTIVITY REPORT (PD439-156) [I.O. 50 s 11] COMMAND CONDITIONS REPORT P.G. 212-09 Unusual Occurrence Reports Date Effective: 08/01/13 PURPOSE To promptly notify the Chief of Patrol of an unusual occurrence. DEFINITION UNUSUAL OCCURRENCE - substantially more than an ordinary occurrence because of its seriousness, peculiarities, sensationalism, vastness, differences, newsworthiness, or potential to affect police-community relations involving interracial/ethnic conflict or community unrest. PROCEDURE Whenever an unusual incident occurs, take immediate emergency action and: UNIFORMED MEMBER OF THE SERVICE 1. Notify desk officer immediately. 2. Request patrol supervisor to respond. DESK OFFICER 3. Notify Operations Unit and patrol borough command without waiting for complete details. 4. Notify commanding officer/duty captain to respond. COMMANDING OFFICER/DUTY CAPTAIN 5. Conduct immediate investigation of occurrence. 6. Inform Operations Unit and desk officer of details of investigation. NOTE: If occurrence is a bias motivated incident, comply with P.G. 207-10, "Bias Motivated Incidents." DESK OFFICER 7. Prepare preliminary report, on Typed Letterhead, or UNUSUAL OCCURRENCE REPORT (PD370-152), addressed to the Chief of Patrol, and forward as indicated in step 9 below even if investigation is incomplete. a. Attach copy of "SPRINT" PRINTOUT, if documented, to the UNUSUAL OCCURRENCE REPORT, prior to forwarding. COMMANDING OFFICER 8. Report results of investigation on Typed Letterhead, addressed to Chief of Patrol: a. If preliminary report has been forwarded, prepare supplementary report indicating results of investigation and attach a copy of the "SPRINT" PRINTOUT, if documented, to supplementary report. 9. Forward reports via next department mail as follows: a. Chief of Patrol, DIRECT (forward in UNUSUAL OCCURRENCE REPORT [ENVELOPE] PD370-150). b. Copy for each intermediate command. c. Copy for commanding officer of uniformed member of service concerned, if member not assigned to reporting command. d. Copy to Chief of Housing Bureau or Transit Bureau if incident occurred in Housing Authority development or in subway system. e. Copy to Police Pension Fund if occurrence involves line of duty death or serious injury and likely to die. f. Copy to Deputy Commissioner-Community Affairs, if occurrence affects police-community relations. g. Copy to Deputy Commissioner - Strategic Initiatives, if occurrence involves the death of a person while in police custody or death or serious injury to a person in connection with a police activity or death or injury to a person as a result of a police firearms discharge. ADDITIONAL DATA Whenever doubt exists concerning whether an incident is unusual, make required notifications and prepare reports. The main criterion in determining the preparation and forwarding of the report is the Chief of Patrol's need to know. When an unusual occurrence involves a prisoner, comply with "Prisoner Unusual Occurrences" procedure to satisfy reporting requirements. The identity of sex crime victims will not be included in UNUSUAL OCCURRENCE REPORTS but will be indicated by use of the term "person(s) known to this department". In addition, SPRINT PRINTOUTS containing the identity of sex crime victims will not be attached to UNUSUAL OCCURRENCE REPORTS and ranking officers preparing the report will include a statement that the printout is not attached because it contains identifying data. The shooting team leader/duty inspector investigating an incident involving a uniformed member of the service discharging a firearm which results in death or injury or member is involved in any other conduct which results in the death of another shall temporarily assign such uniformed member of the service to the patrol borough command of assignment for a minimum of three consecutive scheduled tours (exclusive of sick time or regular days off). (If member involved is assigned to other than a Patrol Services Bureau command, he may be temporarily assigned to own bureau/counterpart command). The borough/counterpart commander will review the assignment and forward a report to the bureau chief concerned recommending continuance or discontinuance. Uniformed members of the service involved in such incidents will not be returned to their permanent commands without the prior approval of the Chief of Department. Uniformed members of the service placed on temporary assignment as outlined above continue to be subject to suspension or modified assignment, if circumstances warrant. The UNUSUAL OCCURRENCE REPORT form will NOT be used to report firearms discharges by members of the service, labor coalition incidents, "Prisoners Unusual Occurrence" (P.G. 210-07) "Unusual Occurrences Involving Prisoners"), or any other unusual incident determined not appropriate by the investigating precinct commander/duty captain. RELATED PROCEDURES Bias Motivated Incidents (P.G. 207-10) Unusual Occurrences Involving Prisoners (P.G. 210-07) Emergency Incidents (P.G. 213-02) FORMS AND REPORTS UNUSUAL OCCURRENCE REPORT (PD370-150) SPRINT PRINTOUTS P.G. 212-10 Interrupted Patrol Log Date Effective: 08/01/13 PURPOSE To control the amount of time spent in a stationhouse, police service area or transit district command by uniformed members of the service who are performing duty with the platoon. PROCEDURE When a uniformed member of the service, performing duty with the platoon, enters the stationhouse, police service area or transit district command for any reason during the tour: UNIFORMED MEMBER OF THE SERVICE 1. Report to desk officer and inform him/her of reason for presence in command. DESK OFFICER 2. Make entries in Interrupted Patrol Log, in own handwriting, under following captions: TIME IN RANK NAME ASSIGNMENT REASON TIME OUT TOTAL TIME DESK OFFICER 3. Maintain Log under direct control at all times. 4. Review Interrupted Patrol Log frequently during tour to determine if presence in command is being expedited. ADDITIONAL DATA An Interrupted Patrol Log will be maintained by all commands/units whose members perform patrol duties under the jurisdiction of the Patrol Services, Housing and Transit Bureaus. Commanding officers will frequently review the Interrupted Patrol Log to determine if stops in the command are necessary and if they are being expedited. P.G. 212-11 Stop And Frisk Date Effective: 08-01-13 PURPOSE To conduct criminal investigations and protect uniformed members of the service from injury while conducting investigations involving stop and question situations. DEFINITIONS STOP - To temporarily detain a person for questioning. FRISK - A running of the hands over the clothing, feeling for a weapon. SEARCH - To place hands inside pocket or other interior parts of clothing to determine if object felt is a weapon. PROCEDURE When a uniformed member of the service reasonably suspects a person has committed, is committing or is about to commit a felony or a Penal Law misdemeanor: UNIFORMED MEMBER OF THE SERVICE 1. Stop person and request identification and explanation of conduct. a. If not in uniform, identify yourself as a police officer. 2. Frisk, if you reasonably suspect you or others are in danger of physical injury. 3. Search, if frisk reveals object which may be a weapon. NOTE: Only that portion of the suspect's clothing where object was felt may be searched. 4. Detain suspect while conducting investigation to determine whether there is probable cause to make an arrest. a. Suspect may be detained for a period of time reasonably related to the facts, which initially justified the stop or are discovered during the stop. b. Complete investigation as expeditiously as possible. 5. Release suspect immediately after completing the investigation if probable cause to arrest does not exist and provide suspect with an explanation for the stop, question and/or frisk encounter, absent exigent circumstances. a. A WHAT IS A STOP, QUESTION AND FRISK ENCOUNTER? (PD344-111) tear off information card, may be provided to the stopped individual. 6. Prepare STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) for EACH person stopped. NOTE: If person stopped refuses to identify him/herself (and there is no reason to take summary action) check off "REFUSED" in the appropriate space of STOP, QUESTION AND FRISK REPORT WORKSHEET. Allow suspect to depart only after completing investigation and only if investigation does not establish probable cause to arrest the suspect. Request patrol supervisor to respond and confirm refusal, review STOP, QUESTION AND FRISK REPORT WORKSHEET, and action taken. Do not detain suspect while awaiting arrival of patrol supervisor if investigation is completed and no probable cause to arrest suspect. UNIFORMED MEMBER OF THE SERVICE 7. Enter details in ACTIVITY LOG (PD112-145). 8. Inform desk officer, precinct of occurrence, of facts. 9. Submit STOP, QUESTION AND FRISK REPORT WORKSHEET to desk officer, precinct of occurrence. DESK OFFICER 10. Review each STOP, QUESTION AND FRISK REPORT WORKSHEET submitted and: a. Instruct member preparing WORKSHEET, if necessary. b. Enter precinct serial number and sign WORKSHEET(S). NOTE: A separate precinct serial number will be assigned for EACH WORKSHEET. 11. Bring STOP, QUESTION AND FRISK REPORT WORKSHEET(S) to the attention of the commanding officer. 12. Photocopy STOP, QUESTION AND FRISK REPORT WORKSHEET(S) and forward as follows: a. ORIGINAL - Criminal Records Section. b. Photocopy - Precinct binder. c. Photocopy - Detective Squad. 13. Make appropriate entries on STOP, QUESTION AND FRISK INDEX COVERSHEET (PD344-152). COMMANDING OFFICER 14. Maintain a STOP, QUESTION AND FRISK WORKSHEET binder at the desk for use by other uniformed members of the service. ADDITIONAL DATA A suspect should not be moved or transported from the location where s/he is stopped for questioning unless s/he voluntarily consents or there is an exigency e.g., hostile crowd gathers and officer must move suspect from the area for safety purposes, victim/witness is injured and cannot be brought to location where suspect is being detained, so officer transports suspect to injured party. Some factors which contribute to "reasonable suspicion": a. The demeanor of the suspect. b. The gait and manner of the suspect. c. Any knowledge the officer may have of the suspect's background and character. d. Whether the suspect is carrying anything and what he is carrying. e. Manner of dress of suspect including bulges in clothing. f. Time of day or night. g. Any overheard conversation of the suspect. h. The particular streets and areas involved. i. Any information received from third parties. j. Proximity to scene of crime. Desk officers or designated supervisors in other than patrol precinct commands (i.e., PSAs, transit districts, OCCB, borough task force or anti-crime units, etc.) who receive completed WORKSHEETS will be responsible for obtaining the next precinct serial number from the desk officer of the precinct concerned. This number ONLY will be entered into the box captioned "PCT. SER. NO." on the STOP, QUESTION AND FRISK REPORT WORKSHEET. The desk officers or designated supervisors in other than the patrol precinct commands will then review, sign, and photocopy the WORKSHEET. A copy will be immediately faxed to the precinct concerned, and the completed original WORKSHEETS delivered back to the precinct concerned within twenty four hours. In addition, desk officers or designated supervisors in other than patrol precinct commands will also maintain a standardized Stop, Question and Frisk binder with corresponding INDEX COVERSHEET, and will enter a command tracking number consisting of the command abbreviation, followed by a serial number, beginning with number one each year (e.g. TD32-001) in the upper right hand corner section of each WORKSHEET. This command tracking number is not the same as, and is NOT to be entered in the precinct serial number caption on the WORKSHEET received. A third photocopy of each WORKSHEET will also be made and maintained with the Stop, Question and Frisk binder at that command. The STOP, QUESTION AND FRISK REPORT WORKSHEET is not prepared where the officer makes a summary arrest or issues a summons for an observed violation unless the suspect was initially stopped for investigation based on reasonable suspicion. All uniformed members of the service below the rank of Captain are requiredto carry ACTIVITY LOG insert STREET ENCOUNTERS – LEGAL ISSUES (PD344-153) when performing patrol duties in uniform. FORMS AND REPORTS ACTIVITY LOG (PD112-145) STOP QUESTION AND FRISK INDEX COVERSHEET (PD344-152) STOP QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) STREET ENCOUNTERS - LEGAL ISSUES (PD344-153) WHAT IS A STOP, QUESTION AND FRISK ENCOUNTER? (PD344-111) P.G. 212-12 Citywide Intelligence Reporting System Date Effective: 10-16-13 PURPOSE To record and refer for investigation suspected law violations or persons or activities connected with major crime or terrorist activity. SCOPE Some of the most powerful tools for the detection of criminal activity are the observations of uniformed and civilian members of the service. Whether on or off duty, performing patrol or administrative duties, members of the service can perform an invaluable service by following the contents of this procedure. Each piece of information provided by a member of the service when analyzed and reviewed within the context of other information received, can effectively help our Department's effort to detect and deter criminal activity. PROCEDURE Upon suspecting or observing information about the involvement of a person or any other entity (e.g., business, vehicle, association of criminals) in ongoing criminal activity or suspected terrorist activity, and when unable to effect a summary arrest: UNIFORMED MEMBER OF THE SERVICE 1. Obtain as much information as possible, including names, vehicle descriptions, times of the day, description of persons, etc. 2. Comply with P.G. 212-13 "Reporting Gang Related Criminal Activity," if information concerns criminal gangs, gang related/motivated incidents, etc. 3. Notify the Intelligence Bureau. a. Suspected terrorist activity can also be reported to the Intelligence Bureau, by members of the service and the public, through the Counter Terrorism hotline. b. Report all pertinent information. 4. Record Intelligence Bureau Log number and Intelligence Bureau member notified in ACTIVITY LOG (PD112-145). NOTE: Any member of the service (uniformed or civilian) with information concerning suspected terrorist activity will notify the desk officer of the command of occurrence and the Intelligence Bureau direct or the Counter Terrorism hotline. The desk officer of the command of occurrence will ensure that the contents of this procedure are adhered to when the reporting member of service is a civilian, and will enter the Intelligence Bureau Log number and Intelligence Bureau member notified in the Command Log. All members of the service (uniformed and civilian) should become familiar with the contents of Activity Log insert, "POSSIBLE INDICATORS OF TERRORIST ACTIVITY (PD378-111)." CRIMINAL INTELLIGENCE SECTION 5. Enter all available information into intelligence database system and issue Intelligence Bureau Log number to member who reported the information. a. Information related to suspected terrorist activity will be entered into the database as a terrorism lead and handled accordingly. b. Information related to traditional criminal activity will be entered as an intelligence report. Intelligence reports are available to Field Intelligence Officers, Precinct Commanders, and Borough Commanders, through the Department's intranet. 6. Generate a printout of each intelligence report pertaining to traditional criminal activity. 7. Transmit completed intelligence report received to Field Intelligence Officer of command that reported the information. a. Confirm receipt by telephone and enter name of member confirming receipt on the bottom of the printout. 8. Forward any intelligence as follows: a. Relating to suspected terrorist activity - Joint Terrorist Task Force (JTTF). (The JTTF will review each terrorism lead and either accept the case or refer it back to the Intelligence Bureau. All leads referred to the Intelligence Bureau will be immediately assigned to the Intelligence Bureau, Criminal Intelligence Section for appropriate investigation.) b. Relating to vice, narcotics or organized auto theft - Vice Enforcement Coordinator. Additionally, a telephone notification will be made to the Organized Crime Control Bureau, Field Operations Desk (FOD) twenty-four hours a day, seven days a week when immediate follow up investigation is necessary. c. Organized crime as it relates to the private carting industry, City owned wholesale markets, and boats involved in off shore shipboard gambling emanating from New York City locations - Business Integrity Commission, via the Organized Crime Control Bureau, Field Operations Desk d. Sexual exploitation of children information - Major Case Team, Vice Enforcement Coordinator. Additionally, a telephone notification will be made to the Organized Crime Control Bureau, Field Operations Desk (FOD) twenty-four hours a day, seven days a week when immediate follow up investigation is necessary. e. Any information relative to the traditional organized crime families or Asian or Russian organized crime should be forwarded to the Organized Crime Investigation Division, Intelligence and Analysis Section, Monday through Friday between 0700 and 2200 hours f. Information concerning criminal gangs, gang related/motivated incidents, etc., comply with P.G. 212-13, "Reporting Gang Related Criminal Activity" g. Relating to suspected organized identity theft or organized theft rings operating within New York City - Financial Crimes Task Force h. Relating to suspected organized hate groups operating within New York City - Hate Crime Task Force i. Relating to suspected bank robbery activities occurring within New York City - Joint Bank Robbery Task Force. DESK OFFICER 9. Confirm receipt of faxed printout. 10. Forward printout to field intelligence officer. FIELD INTELLIGENCE OFFICER 11. Review printout for accuracy and completeness. a. Interview reporting officer to ascertain additional, relevant information or to clarify or explain, as necessary b. Notify the Intelligence Bureau of any additional information. 12. Confer with commanding officer on a regular basis regarding information obtained and reported. 13. Meet and confer with the Commanding Officer, Criminal Intelligence Section on a regular basis. COMMANDING OFFICER, CRIMINAL INTELLIGENCE SECTION 14. Conduct necessary review and follow up on reported information. 15. Confer with field intelligence officers frequently regarding on-going investigations, crime trends or patterns, significant crimes, etc. a. Notify field intelligence officers concerned when useful information is obtained regarding an ongoing investigation or crime pattern, etc., from a different NYPD command, another law-enforcement or confidential source, or as a result of analysis performed by the Intelligence Bureau. NOTE: The Commanding Officer, Criminal Intelligence Section will meet on a regular basis with all field intelligence officers. In addition, the Commanding Officer, Criminal Intelligence Section will meet on a regular basis with other members of the Intelligence Bureau and query other sources within the NYPD and other agencies to identify trends, patterns or information relevant to ongoing investigations across the City and affecting other law-enforcement agencies and jurisdictions. 16. Confer frequently with Commanding Officer, Intelligence Operations and Analysis Section regarding intelligence information relevant to area of assignment. Request detailed intelligence analysis as needed to support investigations conducted by operational units or to support enforcement strategies. a. Convey results of such analysis promptly to the appropriate operational command. COMMANDING OFFICER, INTELLIGENCE OPERATIONS AND ANALYSIS SECTION 17. Ensure that all intelligence reports generated by this process are forwarded to field intelligence officers and the Commanding Officer, Criminal Intelligence Section concerned without delay. 18. Meet at regular intervals with field intelligence officers concerned to provide intelligence overview briefings and to review intelligence needs of operational field commands. NOTE: The Commanding Officer, Intelligence Operations and Analysis Section will forward monthly reports to all commands concerned regarding the number of reports and type of intelligence received by the Intelligence Bureau pursuant to this procedure. 19. Ensure timely reporting of useful intelligence to operational field commands under this procedure. 20. Ensure that all intelligence is filed chronologically within command and produced when necessary to aid an investigation or as otherwise required by law. COMMANDING OFFICER, INTELLIGENCE BUREAU 21. Provide quarterly reports to the Chief of Department on the results of this procedure. ADDITIONAL DATA Members of the service who become aware of hidden compartments (traps) in specific vehicles, regardless of whether an arrest is effected, will comply with this procedure and report this information as criminal intelligence. In addition to any other information, the following data will be obtained and reported for entry into the Intelligence Database (I-Base): a. Year, make and model of vehicle (e.g., 1998 Nissan Maxima) b. Registration plate number c. VIN number d. Location of trap (e.g., passenger side airbag compartment, floorboard, etc.) e. Property in trap (e.g., guns, drugs, empty, etc.) f. How trap is activated, if known (e.g., defroster 'on', emergency brake 'on', cigarette lighter 'pushed in', cruise control 'on', driver's seatbelt in 'locked position') g. Name/location of trap installer, if known (e.g., 'JJ's Car Audio Systems, 1313 Tremont Avenue, Bronx, N.Y.'). Nothing in this procedure alters the obligation of members of the service to report complaints of public morals, narcotics and organized crime related offenses to the Investigative Support Division of the Organized Crime Control Bureau (pursuant to P.G. 207-08, "Preliminary Investigation Of Vice, Narcotics Or Organized Crime Related Complaints"). Detectives assigned to the Intelligence Bureau are available twenty-four hours a day to assist investigators and arresting officers in debriefing prisoners with regard to developing intelligence information. The Intelligence Bureau on may be contacted twenty-four hours a day. The Intelligence Bureau's, Criminal Intelligence Section may also be contacted 24 hours a day for investigative case support by means of performing queries in various city, state, federal and commercial computer databases. RELATED PROCEDURES Preliminary Investigation of Vice, Narcotics or Organized Crime Related Complaints (P.G. 207-08) Reporting Gang Related Criminal Activity (P.G. 212-13) FORMS AND REPORTS ACTIVITY LOG (PD112-145) POSSIBLE INDICATORS OF TERRORIST ACTIVITY (PD378-111) P.G. 212-13 Reporting Gang-Related Criminal Activity Date Effective: 10-16-13 PURPOSE To establish and define the procedures required of uniformed members of the service for reporting gang-related/motivated criminal activity or suspected gangs or gang members. DEFINITION For the purpose of this procedure, the following definitions will be used: GANG - Any ongoing organization, association, or group of three or more persons, whether formal or informal, having as one of its primary activities, the commission of one or more criminal acts, having a common name or common identifying sign or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity. DRUG GANG - A gang as defined above that exists primarily for the purpose of distributing illegal narcotics and/or marijuana. GANG RELATED INCIDENT - Any incident of unlawful conduct by a gang member or suspected gang member. GANG MOTIVATED INCIDENT - Any gang related incident that is done primarily: a. To benefit or further the interests of the gang, or b. As part of an initiation, membership rite, or act of allegiance to or support for a gang, or c. As a result of a conflict or fight between gang members of the same or different gangs. GANG RELATED INTELLIGENCE - Information about a gang, suspected gang, an individual gang, or suspected gang member. This includes information about gang meetings, recruiting attempts by gangs, plans by gang members to organize or take part in protests, marches, and other public events, self-styled "community" events organized by a gang, as well as any information useful in developing profiles and intelligence about gang activities. PROCEDURE Upon learning of a possible gang-related or gang-motivated incident, or upon making an arrest of a suspected or identified gang member for any offense: UNIFORMED MEMBER OF THE SERVICE 1. Take immediate action as necessary. 2. Notify the patrol supervisor. 3. Enter information in ACTIVITY LOG (PD112-145), if appropriate. 4. Contact the Gang Division Wheel immediately (24 hours/7 days a week). a. Provide all pertinent information to the Gang Division member accepting the report, along with the telephone number of the command/location calling from. 5. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) and/or ON LINE BOOKING SYSTEM ARREST WORKSHEET, as appropriate. NOTE: If incident or information is not recorded on COMPLAINT REPORT or ON LINE BOOKING SYSTEM ARREST WORKSHEET, follow P.G. 212-12, "Citywide Intelligence Reporting System." Gang related intelligence (not an incident or arrest) will be recorded as such, and will be reported to the Intelligence Bureau as per P.G. 212-12, "Citywide Intelligence Reporting System." This will insure that the information will be forwarded to all commands concerned. If the information received involves a drug gang, in addition to notifying the Intelligence Bureau, also notify the Organized Crime Control Bureau's Field Operations Desk. 6. Be guided by direction given by the Gang Division member. a. If requested, and when feasible, remain at command until Gang Division investigators arrive. 7. Provide full cooperation to Gang Division personnel conducting investigation of the reported gang incident. 8. Enter the following information in the "Details" section of the COMPLAINT REPORT WORKSHEET (PD313-152A) and in the "Narrative" section (when an arrest is made) of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159): a. Name of Gang Division member taking notification, and b. Gang Division Log Number. NOTE: Uniformed members of the service will also record in the "Details" section of the COMPLAINT REPORT WORKSHEET the following: a. If victim/witness has gang affiliation and name of gang b. Perpetrator's gang affiliation and name of gang. 9. Enter the statement "possibly gang related" on the COMPLAINT REPORT WORKSHEET in the caption which reads "Detective Squad Case Number." NOTE: Desk officers will ensure that those members of the service assigned to the operation of the On Line Complaint System (OLCS) enter the aforementioned gang information and designated code in the appropriate fields. 10. FAX copy of completed COMPLAINT REPORT WORKSHEET (PD313-152A) to the Gang Division. NOTE: All uniformed members of the service, regardless of Bureau/District assignment (Patrol Services, Housing, Detective, Organized Crime Control, Transit, etc.) will be responsible for complying with the contents of this Order, including a telephone notification to the Gangs Division. Clerical members assigned to precincts, transit districts, housing police service areas, detective squads, etc. will immediately notify their command's desk officer when a walk-in complaint is received concerning a possible gang-related incident and be guided by the supervisor's instruction. GANG DIVISION MEMBER ACCEPTING NOTIFICATION 11. Obtain as much information as possible from member of the service making notification. 12. Enter information on Gang Division Database of Possible Gang Incident. 13. Assign next Gang Division Log number to member making notification. 14. Obtain telephone number of location from which member is calling. a. Advise member making notification to remain available, when feasible, if it appears additional information will be needed or if Gang Division personnel are responding to the member's location. NOTE: If the member making the notification is about to end his/her tour, he or she will re-contact the Gang Division on their next available tour of duty, if necessary. GANG DIVISION MEMBER 15. Notify Gang Division supervisor immediately. 16. Review information received and confer with supervisor to determine whether immediate response to precinct/command of occurrence is necessary. 17. Notify, when appropriate, the member who made the original notification to the Gang Division. a. Advise member if a team from the Gang Division is responding. 18. Obtain, prior to responding: a. Any and all information on gang incidents or activity which may have previously occurred within subject area of precinct/command in question b. Results of name checks on gang members involved in subject incident c. Results of query to all pertinent Gang Division databases d. Photographs of gang members involved. 19. Provide all pertinent intelligence to, and assist, arresting officer/precinct squad detective assigned. 20. Prepare COMPLAINT FOLLOW-UP (PD313-081) describing any intelligence gathered from the incident and attach photos of the subjects involved. 21. Notify Borough Gang Squad or Transit C.A.G.E. unit of all pertinent information, if appropriate. 22. Enter all information obtained during debriefing, etc. into pertinent Gang Division database(s). UNIFORMED MEMBER OF THE SERVICE 23. Provide Gang Division member with all information available. 24. Permit Gang Division member to interview prisoner(s), complainant(s), witness(es), or other police officer(s). 25. Notify, when appropriate, Gang Division member of the: a. Name of the Assistant District Attorney assigned; b. Charges preferred against the defendant; c. Charges on any indictment; d. Amount of any bail; e. Next court date; f. Scheduling of each subsequent court appearance; g. Status of the prisoner; h. Final disposition. NOTE: A uniformed member of the service will immediately notify both the Gang Division member and complainant if the defendant posts bail or is released from custody. 26. Submit all completed forms to desk officer for review. PRECINCT/BUREAU DETECTIVE SQUAD MEMBER ASSIGNED 27. Keep the Gang Division informed of developments in the investigation, particularly those that may either support or disprove that the incident was gang related or gang motivated. 28. Report disposition of case to the Gang Division. NOTE: The Commanding Officer, Gang Division or his/her designee, will have sole authority to designate an incident as gang related or motivated. Whenever possible, this determination will be made within five days from the date of occurrence. Once this determination is made, the Gang Division member assigned will notify the commanding officer, precinct of occurrence and the arresting officer or detective concerned, without delay. PRECINCT/PSA/TRANSIT DISTRICT DESK OFFICER 29. Review and sign COMPLAINT REPORT WORKSHEET and (when an arrest is made) ON LINE BOOKING SYSTEM WORKSHEET, paying particular attention for notification to Gang Division and Gang Incident Log number. PRECINCT YOUTH OFFICER 30. Review all COMPLAINT REPORTS/ARREST REPORTS with Gang Incident Log numbers, and all Gang Related Intelligence. COMMANDING OFFICER, GANG DIVISION 31. Prepare and forward to the Chief of Department each month the following: a. A statistical report summarizing all gang-related/motivated incidents. b. An analysis summarizing activity and trends concerning violent street gangs. ADDITIONAL DATA The Gang Division has a 24 hour, 7 day-a-week intake capability and can dispatch, when available, experienced detectives to debrief gang members as well as victims and witnesses of gang-related incidents. The Gang Division serves as the Department's central repository of intelligence on violent street gangs. The Gang Division will ensure that any valuable criminal intelligence obtained regarding suspected gangs or gang members is rapidly disseminated to all units within the Department that can use this information to further their investigations and to reduce crime. RELATED PROCEDURES Citywide Intelligence Reporting System (P.G. 212-12) Guidelines for Uniformed Members of the Service Conducting Investigations Involving Political Activities (P.G. 212-72) On-Line Juvenile Report System (P.G. 215-08) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 212-14 Traffic Intelligence Report Date Effective: 08-19-13 PURPOSE To report traffic conditions that need to be addressed by the New York City Police Department or other outside agencies (i.e., collision-prone locations, chronic traffic congestion-prone locations, double parking, requests for signs or signal lights, pavement markings, construction projects, etc.). PROCEDURE Whenever a uniformed member of the service observes a traffic condition that is not immediately correctable and the need for further assistance is required, OR when a collision-prone location is identified by the Traffic Accident Management System (TAMS): UNIFORMED MEMBER OF THE SERVICE 1. Prepare TRAFFIC INTELLIGENCE REPORT (PD178-150) when a traffic condition is observed and is not immediately correctable by available resources. 2. Indicate on TRAFFIC INTELLIGENCE REPORT: a. Specific type of condition(s) b. Times c. Place(s) of occurrence d. Any corrective measures taken or recommended. NOTE: Print clearly and fill in all captions that pertain to the condition. Use common language to describe the condition. 3. Utilize reverse side of TRAFFIC INTELLIGENCE REPORT for: a. Detailed description b. Diagram(s), if applicable c. Additional comments. 4. Submit completed TRAFFIC INTELLIGENCE REPORT to the traffic safety officer, command of occurrence, before end of tour. NOTE: If the condition was observed on a limited access highway, submit the completed TRAFFIC INTELLIGENCE REPORT to the highway unit concerned. TRAFFIC SAFETY OFFICER 5. Review TRAFFIC INTELLIGENCE REPORT(S) daily and indicate in the appropriate space on the report: a. Any corrective action taken b. Recommendations 6. Maintain a Precinct/Highway Unit Traffic Intelligence Report Log to record each TRAFFIC INTELLIGENCE REPORT submitted, captioned as follows: Precinct Serial # Date of Report Location Condition Corrective Recommendation Date Fwd Action Taken to DOT NOTE: TRAFFIC INTELLIGENCE REPORTS concerning the same condition, at the same location, during the same week (Monday through Sunday) will be grouped together and given one precinct serial number. The traffic safety officer will forward only one TRAFFIC INTELLIGENCE REPORT to the borough traffic safety coordinator, but will indicate how many other REPORTS were received to report the same condition. WHEN A COLLISION-PRONE LOCATION HAS BEEN IDENTIFIED BY TAMS: TRAFFIC SAFETY OFFICER 7. Conduct a survey of each collision-prone location to determine what specific factors contribute to a location's high accident rate. 8. Prepare TRAFFIC INTELLIGENCE REPORT as specified in step 2 above for each collision-prone location. 9. Confer with executive officer regarding conditions that can be corrected at the precinct level through use of available resources. 10. Establish liaison with outside agencies (NYC Department of Transportation, Parks Department, Department of Environmental Protection, Department of Buildings, etc.) to address conditions that cannot be corrected by precinct personnel. NOTE: If the TRAFFIC INTELLIGENCE REPORT concerns an engineering recommendation, a copy of the REPORT will be forwarded to the Department of Transportation borough commissioner's office. A telephone notification will also be made and indicate the date, time, and person notified at the DOT borough office on the TRAFFIC INTELLIGENCE REPORT. Indicate the date REPORT was forwarded to DOT in the precinct Traffic Intelligence Report Log. 11. Forward copies of TRAFFIC INTELLIGENCE REPORTS to the borough traffic safety coordinator WEEKLY and indicate: a. Corrective actions taken and/or recommendations for further measures, if necessary. b. File copies of the TRAFFIC INTELLIGENCE REPORT for precinct/highway unit records. NOTE: Conditions requiring immediate attention such as complaints of potholes, missing traffic signs, inoperable signal lights, etc., will NOT be forwarded to the borough traffic safety coordinator. Upon making an observation of a condition requiring immediate attention, corrective action must be initiated by the member of the service at the scene of the condition including a notification to the precinct telephone switchboard operator for entry on the HIGHWAY CONDITION RECORD (PD311-151). OPERATIONS COORDINATOR 12. Ensure each Monday the WEEKLY STREET CONDITIONS SURVEY (PD311-150) is reviewed and appropriate agencies/members notified. NOTE: Preparation of a TRAFFIC INTELLIGENCE REPORT does not relieve precinct personnel from taking other corrective action to expedite the flow of vehicular traffic and ensure pedestrian safety. BOROUGH TRAFFIC SAFETY COORDINATOR 13. Maintain a borough Traffic Intelligence Report Log utilizing the same format as specified above but with an additional column for the borough serial number. 14. Confer with borough executive officer regarding conditions that can be corrected at the borough level through the use of borough resources. 15. Forward copies of the TRAFFIC INTELLIGENCE REPORT to the Traffic Management Center ONLY where precinct or borough personnel cannot correct condition(s) and the condition(s) is not reportable on the WEEKLY STREET CONDITIONS SURVEY or HIGHWAY CONDITION RECORD. TRAFFIC MANAGEMENT CENTER TRAFFIC SAFETY OFFICER 16. Review and analyze TRAFFIC INTELLIGENCE REPORTS and: a. Assist precinct or patrol borough in correcting condition(s). b. Confer with outside agencies, if applicable. c. Report findings to the commanding officer. ADDITIONAL DATA A TRAFFIC INTELLIGENCE REPORT will be prepared for all incidents involving a construction site (refer to P.G. 214-16, "Construction Sites"). Include all permit numbers, indicate if a check of the New York City Department of Transportation's Management Oriented Street Attributes Information Control System (MOSAICS) computer was made and indicate the results, including any enforcement action taken. A computer check can be made twenty-four hours a day through the Traffic Management Center by telephone at (718) 706-6062. A liaison with city, state, and federal agencies must be established at the borough and precinct level to ensure a coordinated effort to correct conditions which are considered outside the Department's purview. The borough traffic safety coordinator will be responsible for maintaining a current list of liaisons with such outside agencies. RELATED PROCEDURES Traffic Safety Coordinator (P.G. 202-06) Traffic Safety Officer (P.G. 202-28) Emergency Plans "A" - "B" - "C" (P.G. 213-13) Construction Sites (P.G. 214-16) Weekly Street Conditions Survey & Daily Observations of Highway Conditions Requiring Corrective Action (P.G. 214-22) Accidents and Collisions - City Involved (P.G. 217-04) FORMS AND REPORTS TRAFFIC INTELLIGENCE REPORT (PD178-150) WEEKLY STREET CONDITIONS SURVEY (PD311-150) HIGHWAY CONDITION RECORD (PD311-151) P.G. 212-15 Lojack Stolen Vehicle Recovery System And Monthly Report Date Effective: 10-16-13 PURPOSE To provide guidelines for tracking and recovering stolen vehicles when utilizing the Lojack Stolen Vehicle Recovery System (SVRS). DEFINITION POLICE TRACKING UNIT (PTU) - a two officer RMP equipped with a Police Tracking Computer (PTC). The RMP Recorder is responsible for recording all tracking incidents. TRACKING - the process of utilizing a Police Tracking Computer (PTC) in an effort to locate a vehicle emitting an active radio signal (no visual contact made). PROCEDURE When an RMP crew is assigned to perform patrol duties in a Police Tracking Unit: RMP RECORDER 1. Place the locking switch of the Police Tracking Computer (PTC) in the lock position to allow the system to do a complete diagnostics check before starting the RMP. 2. Place the locking switch in the unlock position upon completion of the diagnostics check. 3. Place the locking switch in the lock position immediately upon receiving a signal that a stolen vehicle is within range. NOTE: The establishes information the vehicle receipt of a Lojack signal by a Police Tracking Unit (PTU) reasonable suspicion that a crime has been committed. Additional must be obtained to establish probable cause prior to arresting occupant(s). 4. Note the five digit alpha numeric code of the vehicle being tracked and transmit that code and your present location to the radio dispatcher. RADIO DISPATCHER 5. Notify the patrol supervisor of the RMP designation engaged in tracking an active radio signal. 6. Enter the five digit code into NYSPIN and inform the requesting unit of the following vehicle information: a. Registration number b. Make and model c. Color and year d. Other relevant information regarding theft. PATROL SUPERVISOR 7. Monitor tracking activities of Police Tracking Unit (PTU) and terminate tracking if required by policies of the Department, or when otherwise appropriate. WHEN A VEHICLE IS BEING TRACKED WITHOUT VISUAL CONTACT RMP RECORDER 8. Advise radio dispatcher when it is necessary to cross precinct boundaries to continue tracking. Police Tracking Units (PTU) shall not track beyond their precinct boundaries without the permission of the patrol supervisor. NOTE: Uniformed members of the service are not authorized to track vehicles beyond New York City limits under any circumstances. RMP recorders will request the radio dispatcher to notify the police department concerned about vehicle information and direction of travel when a vehicle leaves the city limits. PATROL SUPERVISOR 9. Request the dispatcher to assign a Police Tracking Unit (PTU) in adjoining precinct to continue tracking vehicle if no visual contact has been made, when available. If unavailable, determine whether RMP should continue tracking beyond precinct boundaries. WHEN VISUAL CONTACT IS MADE WITH A VEHICLE RMP RECORDER RMP RECORDER 10. Advise dispatcher whether the vehicle is occupied or unoccupied; moving or parked. 11. Take appropriate action (e.g., arrest, notification to adjoining police department, etc.), regardless of precinct boundaries. Members shall be guided by P.G. 212-39, "Vehicle Pursuits", whenever they are in pursuit of a vehicle emitting active radio signals. NOTE: The patrol supervisor shall ensure that the provisions of P.G. 212-39, "Vehicle Pursuits", are strictly observed. Patrol supervisors must monitor all tracking incidents within their area of assignment and must terminate pursuits/tracking whenever appropriate. ALL TRACKING SITUATIONS RADIO DISPATCHER 12. Notify adjoining precinct when a tracking incident progresses into their boundaries. NOTE: No other RMP will participate in an on-going track unless directed to do so by the patrol supervisor. RMP RECORDER 13. Notify dispatcher when a signal is lost, a vehicle is recovered, or when an arrest is effected. 14. Make an appropriate ACTIVITY LOG (PD112-145) entry for each tracking incident. 15. Follow normal Patrol Guide procedures for recovery of stolen/abandoned vehicles. 16. Indicate in the "Remarks" section of the PROPERTY CLERK INVOICE (PD521-141) that the vehicle was recovered using the Police Tracking Computer (PTC). COMMANDING OFFICER 17. Ensure that the LOJACK MONTHLY REPORT (PD171-152) is forwarded to the Chief of Patrol, through channels, by the third day of each month. ADDITIONAL DATA Deactivation of Radio Transmitter - The radio transmitter in a recovered vehicle will be automatically deactivated when information is received by NYSPIN that the vehicle has been recovered or the alarm is canceled. Thus, an alarm will be canceled whenever a Lojack equipped vehicle is to be safeguarded at the stationhouse as evidence, pending transport to the auto pound. Recovery of Vehicles on Private Property - Police officers shall not enter upon private property to track a vehicle. However, Police Tracking Units (PTU) may enter upon private property if: (1) they are in close pursuit of a vehicle which is attempting to elude apprehension and is emitting a radio signal, or (2) there is an emergency situation, or (3) there are other exigent circumstances, or (4) a search warrant is obtained. The mere fact that a vehicle on private property is emitting a radio signal does not constitute an emergency or exigent circumstances. The patrol supervisor shall notify the Auto Crime Bureau, if available to determine whether a search warrant should be obtained, or whether a COMPLAINT REPORT (PD313-152) should be prepared or the Intelligence Bureau notified. When Auto Crime is unavailable, confer with the Precinct Detective Squad. Replacement and Repair of SVRS Equipment - The Fleet Services Division will be notified whenever a Police Tracking Unit (PTU) is expected to be out of service for an extended period of time (e.g., major mechanical repairs, vehicle collision, etc.) or when broken or malfunctioning SVRS equipment needs replacement or repair. All commands with vehicles equipped with Lojack Police Tracking Computers (PTC's) will prepare LOJACK MONTHLY REPORT (PD171-152). This report will provide the Department with the information necessary to analyze and assess the Lojack System, as well as track recovery activity. Negative reports will also be forwarded. The LOJACK MONTHLY REPORT requires a complete entry by the recovering command whenever a vehicle is recovered using a Lojack Police Tracking Computer. However, the Aviation Unit must report every tracking incident in which the unit is involved. The Aviation Unit will enter only the following information on the LOJACK MONTHLY REPORT: a. Alarm number b. Date/time of track c. Command where Lojack signal was picked up. The LOJACK MONTHLY REPORT will be forwarded by the third day of each month, for the previous month’s activity, through channels, to the Patrol Services Bureau. To maximize the effectiveness of the Department's Stolen Vehicle Recovery System, all platoon commanders (or desk officers in their absence) will ensure that at least one Lojack Police Tracking Computer equipped vehicle is on patrol on every tour. Additionally, desk officers will ensure that alarms for all complaints of stolen vehicles are promptly transmitted. RELATED PROCEDURES Vehicle Stolen and Recovered Within New York City (P.G. 218-14) Vehicle Stolen Outside New York City - Recovered Within New York City (P.G. 218-15) Photographing Stolen Evidence Vehicles when an Arrest is Made (P.G. 218-18) Vehicle Pursuits (P.G. 212-39) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) LOJACK MONTHLY REPORT (PD171-152) PROPERTY CLERK INVOICE (PD521-141) P.G. 212-16 Evacuations Of New York City Transit Trains Date Effective: 08/01/13 PURPOSE To provide procedures for the evacuation of trains. DEFINITION REACH TRAIN - A train brought in front of or behind a stalled train, to which passengers transfer by walking through the stalled train. RESCUE TRAIN - A train brought alongside a stalled train, to which passengers can cross by using emergency evacuation devices. EMERGENCY EVACUATION DEVICES - located at the south end of the southbound platform near the first emergency telephone blue light for underground stations and near the twenty-four hour token booth on elevated stations. One side of the device can be used as a ramp and the other as a ladder. PROCEDURE Upon receiving information that a train is to be evacuated or a discharge of passengers is ordered: EMERGENCY SITUATIONS UNIFORMED MEMBER OF THE SERVICE 1. Immediately notify the patrol supervisor/duty captain through the radio dispatcher and report who on the scene ordered the evacuation and reason. 2. Comply with instructions of duty captain regarding evacuation, including whether to evacuate passengers to a reach train, to a rescue train, or otherwise. 3. Advise passengers of the reason for the evacuation. 4. Coordinate and cooperate with New York City Transit personnel on scene. 5. Avoid unnecessary forceful confrontations with passengers. 6. Evacuate passengers as directed by patrol supervisor or duty captain. a. If a reach train is used, direct passengers to walk through train towards the first or last car, as appropriate. b. If a rescue train is used, assist passengers to cross gap between trains over emergency evacuation devices. c. If no reach or rescue train is used, direct passengers onto benchwall via emergency evacuation devices and lead to nearest station, or if this is not practical, to the nearest emergency exit. NOTE: If passengers are to be evacuated to the benchwall or roadbed, ensure that power is removed prior to evacuation. Power is not removed if passengers are evacuated to a rescue train or a reach train. 7. Evacuate passengers onto the tracks via emergency evacuation devices and lead to the nearest station or emergency exit as conditions warrant, if no other means are available. NOTE: In the event that some passengers are non-ambulatory, emergency equipment shall be used. PATROL SUPERVISOR 8. Establish command post. 9. Keep radio dispatcher and duty captain informed of conditions and need for additional personnel. DUTY CAPTAIN 10. Immediately contact the New York City Transit, Rapid Transit Operations Command Center via radio and inform them of the condition. a. Consult with Rapid Transit Operations Command Center to determine if either a reach train or rescue train will be used, or if passengers should be evacuated via benchwall or roadbed. 11. Maintain constant communication with Rapid Transit Operations Command Center and personnel at the scene. 12. Direct sufficient personnel and supervision to the scene and make appropriate notifications as required. NON-EMERGENCY SITUATIONS UNIFORMED MEMBER OF THE SERVICE 13. Coordinate activities with New York City Transit personnel on scene. 14. Use tact and courtesy and avoid unnecessary forceful confrontations with passengers remaining on the troubled train. 15. Advise passengers who are reluctant or refuse to evacuate that they will be taken to an alternate location when possible. 16. Notify the duty captain of the movement and arrival at the alternate location, when assigned to ride the affected train with passengers aboard. PATROL SUPERVISOR 17. Make appropriate assignments of personnel in accordance with the number of passengers who choose to continue on the train. DUTY CAPTAIN 18. Communicate with Rapid Transit Operations Command Center and field personnel on scene to ensure the assignment of sufficient personnel to effect the safe movement and discharge of passengers at the alternate terminus. ADDITIONAL DATA For both emergency and non-emergency situations, the duty captain or ranking member in charge will ensure that a report on Typed Letterhead is prepared describing the circumstances of the incident and any action(s) taken. The report is to be forwarded to the Chief, Transit Bureau. FORMS AND REPORTS Typed Letterhead P.G. 212-17 Procedures At Scenes Of Critical Situations On New York City Transit Date Effective: 08/01/13 PURPOSE To provide procedures to be followed at the scene of certain incidents. PROCEDURE The following procedures will be followed in cases of fires, floods, collisions, derailments, persons under trains and other major disruptions of service: UNIFORMED MEMBER OF THE SERVICE 1. Remove power from affected area, when necessary. 2. Post a responsible person in the street near the scene to direct responding emergency units and equipment. 3. If necessary, evacuate or remove persons from trains and/or stations. 4. DO NOT permit the removal of a sick or injured member of the Fire Department without consent of the fire officer in charge. 5. Remove person(s) from under trains except when person is deceased and possibly the victim of a crime, when possible. 6. Administer necessary first aid to victim(s). 7. Exclude unauthorized person(s) from the area. 8. Establish police/fire lines. 9. Establish a command post. 10. Obtain the names, addresses and telephone numbers of all witness(es), and their employer's names, business addresses and telephone numbers. a. Record this information in ACTIVITY LOG (PD112-145) together with any statement made by such witness(es). 11. Report full details to the duty captain or incident commander, unless a supervisor designates another member to report details, when assigned to post on which the incident occurred. a. Include the following information, where applicable: (1) Train operator's name, address, telephone number, pass number, run number and regular days off (2) Statement of train operator (3) Conductor-in-charge's name, address, telephone number, pass number, run number and regular days off (4) Statement of conductor-in-charge (5) Line (6) Northbound or southbound, express or local (7) Lead motor car number (8) Departure time (9) Point of departure (10) Terminus (11) Car numbers (12) Car(s) involved (13) Police Emergency Service Unit truck number (14) Detective handling the investigation (15) Power ordered off - by whom, time (16) Power ordered restored - by whom, time DUTY CAPTAIN/INCIDENT COMMANDER 12. Prepare a report on Typed Letterhead, describing circumstances of incident and any action(s) taken. a. Forward report to Chief, Transit Bureau. ADDITIONAL DATA All uniformed members of the service, especially those assigned to subway patrol duty, should be cognizant of the New York City Transit (NYCT) procedure for train crews to signal for police assistance. The train operator and/or conductor may utilize a train horn or whistle to request police assistance, as follows: LONG SOUND immediately followed by a SHORT SOUND, and then another LONG SOUND immediately followed by a SHORT SOUND. Members of the service, upon hearing the above sound signals, shall, in a tactically safe manner, immediately respond to the nearest member of the train crew (either the conductor or train operator), to investigate the police condition. Members of the service are reminded that personal safety is of paramount importance and they always must exercise sound tactics and good judgement whenever they respond to a train signaling for police assistance. As always, all police action will be recorded in the member's ACTIVITY LOG including any reports prepared and/or notifications made. FORMS AND REPORTS ACTIVITY LOG (PD112-145) Typed Letterhead P.G. 212-18 Searches For Armed/Dangerous Persons On New York City Transit Tracks Date Effective: 08/01/13 PURPOSE To provide procedures for searching subway tunnels and other track areas when in pursuit of a person wanted for the commission of a serious crime or armed with a deadly weapon. SCOPE In most instances, it is not necessary to remove power or to actually enter the tracks when searching tunnels and track areas. Searches are normally conducted by members riding in the lead cars of trains passing in both directions through the affected area. However, the serious nature of certain incidents may require that a more thorough search be performed. DEFINITIONS OUTER PERIMETER - An area sufficiently removed from the actual scene of the incident to ensure safety to all spectators, including representatives of the news media. The establishment of outer perimeters requires the evacuation of all civilians and unnecessary police personnel from this area. INNER PERIMETER - Frozen area, encompassing the incident location. No one will be permitted in this area without a protective vest appropriate to the level of threat present. No one will be allowed to enter the Inner Perimeter except: a. Borough commander or duty chief; b. Commanding Officer, Special Operations Division, and personnel under his/her command; c. Commanding Officer, Emergency Service Unit, and personnel under his/her command; d. Hostage Negotiating Coordinator and personnel under his/her command; e. Technical Assistance Response Unit (TARU) supervisor and personnel under his/her command; f. Bomb Squad supervisor and one technician, when bomb is present or suspected; g. Any other person(s) with the permission of the patrol borough commander or duty chief. MASS REFLEXIVE RESPONSE - Sometimes referred to as "contagious shooting," mass reflexive response is the phenomenon which occurs when a shot fired by one officer sets off a chain reaction of shooting by other personnel on the scene. It involves reacting based on one's instinct rather than on a rational assessment of the situation. FIREARMS CONTROL - Firearms control requires that no member of the service on the scene will discharge a firearm unless and until directed to do so by the supervisory officer in charge, unless discharging a firearm is absolutely necessary for self-defense or the defense of another and there is no other alternative. PROCEDURE When there is cause to believe that the perpetrator of a crime has fled into a tunnel, open cut, or other track area and is still therein, and that the perpetrator either: a. Used force or threatened the use of deadly physical force, OR b. Caused serious physical injury, OR c. Is armed with a deadly weapon. UNIFORMED MEMBER OF THE SERVICE 1. Notify radio dispatcher immediately of the incident by radio or telephone, and give full details including description of perpetrator, crime committed, direction of flight, type of weapon used or displayed, subway lines involved, etc. 2. Request response of appropriate patrol supervisor and additional units, as necessary. 3. Remain on the platform and secure the area. 4. DO NOT enter the track area. 5. Maintain continuous surveillance from platform. 6. Be cognizant of the danger of "Mass Reflexive Response." a. The first members on the scene will immediately establish and maintain firearms control. NOTE: Uniformed members of the service should be aware that, although New York State Penal Law and Department procedures may authorize the use of deadly physical force in a given situation, they will not be subject to criticism or disciplinary action for choosing not to discharge their firearms. 7. Coordinate the following measures pending the arrival of a supervisor and ensure that: a. All platforms and points of entry to tunnel are secured b. Exits from the system are secured c. Police lines are established far enough from the incident to protect passersby and to prevent persons from interfering with police operations. RADIO DISPATCHER 8. Notify the following of the location and type of incident: a. Patrol supervisor, transit district of occurrence and precinct of occurrence NOTE: The first patrol supervisor to arrive at the scene will assume command of the situation. In addition, the patrol supervisor, transit district of occurrence, will provide expertise in transit system operations, including the location of emergency exits and other escape routes requiring police coverage. b. Canine Team c. Emergency Service Unit d. District commanding officer or precinct commanding officer/duty captain. 9. Notify Rapid Transit Operations Command Center of the situation and request that trains use caution and not pick up persons from roadbed unless so directed by police on the scene. 10. Dispatch, immediately, additional members or Department vehicles to emergency exits and adjoining stations and direct them to remain at those locations until notified otherwise. NOTE: This will contain the suspect and improve the probability of apprehension. 11. Notify all personnel to stay off the tracks and out of the tunnel. 12. Notify the district commanding officer/precinct commanding officer or duty captain whenever a request is made to turn power off in order to conduct a tunnel search. UNIFORMED MEMBER OF THE SERVICE 13. Notify radio dispatcher, immediately, if an exit is open, when dispatched to an emergency exit. PATROL SUPERVISOR/RANKING OFFICER IN CHARGE 14. Respond to scene and assume command of the situation. 15. Evaluate the situation pending the arrival of Canine Team and Emergency Service Unit personnel. 16. Ensure that all uniformed members of the service present are directed to maintain firearms control. a. As soon as circumstances permit, designate one or more uniformed members of the service who will act as the designated shooter(s) if the use of deadly physical force becomes unavoidable. b. Designate a uniformed member of the service to maintain radio contact with the Communications Section dispatcher, so that the dispatcher and responding personnel are kept apprised of the situation as it develops. NOTE: The ranking officer in charge will personally assume responsibility for firearms control. To maintain firearms control, he or she must to be able to immediately assess conditions as they develop, and to give appropriate direction instantaneously. Therefore, the ranking officer in charge will assume a position within the inner perimeter, at the focal point of the situation. 17. Ensure that members have been properly deployed to secure platform, points of entry to tunnel and exits from the system, and to establish appropriate police lines. NOTE: Members of the service in civilian clothes should not ordinarily be used for the securing of tunnels or exits. 18. Confer with Canine Team/Emergency Service Unit personnel on the scene about the feasibility of search, need for establishing inner and outer perimeters, etc. 19. Determine whether a search is feasible and warranted, based upon nature of crime, time of day, location, probability of suspect being in tunnel, etc. 20. Keep radio dispatcher informed of conditions and of any need for additional personnel. 21. Establish a Command Post. NOTE: If patrol supervisor/ranking officer in charge determines that a search is to be conducted on New York City Transit facilities, the patrol supervisor/ranking officer in charge and the senior member of the Canine Team/Emergency Service Unit shall be responsible for directing the tactical deployment of personnel. Additionally, members should not enter tunnels or open cuts at any time during searches for armed felons except when absolutely necessary in extreme emergencies. PATROL SUPERVISOR/RANKING OFFICER IN CHARGE AND SENIOR MEMBER CANINE TEAM/EMERGENCY SERVICE UNIT 22. Determine if inner and outer perimeters should be established. 23. Notify the district commanding officer/precinct commanding officer or duty captain through the radio dispatcher and request the removal of power, if search is warranted. 24. Commence tunnel search as per Canine Team/Emergency Service Unit procedures, upon notification that power has been removed. 25. Notify radio dispatcher and request restoration of power, when search is completed, condition is normal, and track area is cleared of personnel. DISTRICT COMMANDING OFFICER/PRECINCT COMMANDING OFFICER OR DUTY CAPTAIN 26. Respond to scene and take command. 27. Ascertain that firearms control has been established. 28. Determine whether power should be removed, based upon reported information, seriousness of condition, location, and time of day. 29. Notify Canine Team/Emergency Service Unit personnel when power has been removed from track area and search can commence. 30. Coordinate all activities with units concerned, field personnel, and command post, when search is delayed because of rush hour conditions. 31. Keep the Rapid Transit Operations Command Center Desk Superintendent informed of all conditions, including when the track area is clear for resumption of normal service. 32. Have transit borough commander/duty inspector and patrol borough commander/duty chief notified to respond in verified situations where armed/dangerous person(s) are on New York City Transit tracks. 33. Direct all concerned to resume normal patrol, upon receipt of information from the patrol supervisor/ranking officer in charge that the area search has been completed. RELATED PROCEDURES Command Post Operations (P.G. 213-01) Removal of Power In Subway (P.G. 212-24) P.G. 212-19 Animals On New York City Public Transportation Date Effective: 08/01/13 PURPOSE To provide procedures for uniformed members of the service coming into contact with dogs or other animals on the New York City Transit system or aboard New York City Transit buses. SCOPE Section 1050.9(h)(1), New York Code Rules and Regulations - "No person may bring any animal on or into any conveyance or facility unless enclosed in a container and carried in a manner which would not annoy other passengers." The following are exemptions to this section of law: a. NYPD Canine Team dogs or other working dogs for law enforcement agencies b. Seeing eye dogs or other service animals that are harnessed and trained to assist persons who are visually impaired c. Hearing guide dogs or other service animals trained to assist a person with a hearing impairment d. Support dogs or other service animals that are trained to assist a person with a physical impairment e. Animals used to assist persons with disabilities that are not readily apparent, including epilepsy, heart disease, lung disease, and other medical conditions f. Animals which are being trained as service animals and are accompanying persons with disabilities g. Service animals undergoing training by professional trainers possessing the necessary identification such as: (1) Training school identification OR (2) Letter from the training school OR (3) A training school collar tag. NOTE: An individual with a disability who is accompanied by a service animal cannot be required to submit proof of disability or any form of documentation, or to demonstrate or otherwise prove that the animal is a service animal. An officer who is uncertain as to whether the animal is a service animal may inquire regarding whether such animal is providing assistance because of a disability. Animals whose behavior poses a direct threat to the health or safety of others, or whose presence creates an undue risk to the general public, may be excluded. Dogs are the most common service animals, but other animals may be utilized as service animals, provided they perform specific functions and tasks pertaining to an individual's disability. However, it should be noted that many service animals are not identified by special or colored collars or harnesses, nor is the owner required to present a license or other identification for the animal. Service animals must be harnessed or leashed (and otherwise within control of the handler). For further guidance on whether an animal qualifies as a service animal under the disabilities' laws, contact the Legal Bureau. PROCEDURE Whenever a dog or other animal is observed on the system or the handler is NOT exempted as specified above: UNIFORMED MEMBER OF THE SERVICE 1. Eject from the transit system any person or persons violating Section 1050.9(h), New York Code of Rules and Regulations for the use of the New York City Transit System. a. Issue a Criminal Court summons or Transit Adjudication Bureau (TAB) Notice of Violation, if necessary. 2. Comply with the following, if coming upon a stray animal, excluding dogs, on the transit system: a. Notify the Communications Division, Transit Communications Unit, including: (1) Type of animal (2) Direction of flight (3) Assistance needed. b. Restrain animal in a safe place. c. Remain with animal until arrival of the Animal Care and Control of New York City (A.C. & C.). 3. Comply with the following, if coming upon a stray dog on the transit system: a. Notify radio dispatcher, including the direction of flight and assistance needed. b. Restrain animal in a safe place. c. Remain with animal until arrival of the Animal Care and Control of New York City. d. DO NOT chase after a dog while attempting to secure it because this may cause it to run away from the perceived threat. e. Request Emergency Service Unit to restrain a dog if it is causing a safety hazard and must be restrained. NOTE: If a restraining pole is necessary, it should not be held out in front of the dog, waved or presented as a weapon, as this will threaten the dog and cause it to run away. If a dog is dangerous, the use of a tranquilizer gun may be required. f. Request a patrol supervisor and Emergency Service Unit, if a dog is on the roadbed. (1) DO NOT enter roadbed to retrieve the dog without the permission of the patrol supervisor. g. Notify radio dispatcher, if a dog enters a tunnel, of the station the dog is heading towards. (1) Patrol supervisor shall confer with Emergency Service Unit member concerned to determine the need to turn off power. 4. Notify radio dispatcher, if coming upon a dead animal. COMMUNICATIONS DIVISION, TRANSIT COMMUNICATIONS UNIT 5. Notify the Animal Care and Control of New York City (A.C. & C.) in cases of stray or injured animals. In emergency situations between 2000 hours and 0800 hours weekdays, and twenty four hours a day on weekends and holidays contact the Operations Division. NOTE: Operations Division personnel will then notify the A.C.&C. member who is on-call for emergences who will respond and/or provide instructions. 6. Notify New York City Transit Maintenance-of-Way Department in cases where a dead animal is on the roadbed. 7. Notify New York City Transit Station Department to remove dead animal from the station to the street. 8. Notify the Department of Sanitation of street location where dead animal is to be removed. 9. Ensure that Emergency Service Unit vehicle equipped with a restraining device and tranquilizer gun is dispatched when it has been requested, and animal poses a safety hazard. RELATED PROCEDURES Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Care and Disposition of Animals (P.G. 214-33) P.G. 212-20 Ejection From New York City Transit Property Date Effective: 08/01/13 PURPOSE To provide procedures for uniformed members of the service having occasion to eject a passenger from New York City Transit property. PURPOSE Any person who violates any portion of NYCRR Part 1050, regardless of whether or not that person has also been issued a Transit Adjudication Bureau/Notice of Violation (TAB summons) or a Criminal Court Summons for that violation, is subject to ejection from New York City Transit facilities. Issuance of a Notice of Violation does not preclude a uniformed member of the service from ejecting a passenger from the transit system, if the member concerned deems it appropriate. PROCEDURE When necessary to eject a passenger: UNIFORMED MEMBER OF THE SERVICE 1. Advise passenger of ejection and reason. 2. Permit passenger, who voluntarily leaves the property or shows a willingness to do so, to leave without interference. 3. Use no more force than is necessary to effect the ejection, if passenger refuses to leave. a. Generally, grasping the upper arm and forearm to escort the person off the system is considered using reasonable force necessary to effect the ejection. NOTE: If the passenger's conduct is such that it requires more force than is ordinarily needed to assist and guide the passenger out of the transit system, an arrest may be appropriate. 4. Make ACTIVITY LOG (PD112-145) entries and prepare a TRANSIT SYSTEM EJECTION REPORT (PD372-140) each time an ejection is effected. 5. Submit the completed TRANSIT SYSTEM EJECTION REPORT to the district desk officer prior to completion of tour. FORMS AND REPORTS ACTIVITY LOG (PD112-145) TRANSIT SYSTEM EJECTION REPORT (PD372-140) P.G. 212-21 Photography On The New York City Transit System Date Effective: 08/01/13 PURPOSE To provide procedures for uniformed members of the service observing photography on the transit system. SCOPE Transit Authority Rule 1050.9(c) (which deals with photography on the system) reads as follows: "Photography, filming, or video-recording in any facility or conveyance is permitted except that ancillary equipment such as lights, reflectors or tripods may not be used. Members of the press holding valid identification issued by the New York City Police Department are hereby authorized to use necessary ancillary equipment. All photographic activity must be conducted in accordance with the provisions of these Rules." PROCEDURE When a uniformed member of the service observes persons engaged in photography on the transit system: UNIFORMED MEMBER OF THE SERVICE 1. Take no police action if person engaged in photography is using a camera alone, without any additional equipment such as lights, tripods, or reflectors, and if such photographic activity is creating no hazard to public safety or to the efficient operation of the transit system. 2. Ascertain whether or not person has valid press identification issued by the New York City Police Department, if person engaged in photography is using additional equipment such as lights, tripods, or reflectors. NOTE: If a person using additional photographic equipment does not have valid press identification, or if any person engaging in photographic activity is creating a hazard to public safety or to the efficient operation of the transit system: a. Warn person that he/she is in violation of the New York City Transit Rules: (1) Direct person to cease. b. Issue TAB/NOV or Criminal Court summons, eject from system, or arrest, as appropriate, if person does not desist from photography that violates New York City Transit Rules. P.G. 212-22 Malfunction Of Transit Bureau Radio Network Date Effective: 08/01/13 PURPOSE To provide procedures for communication when there is a malfunction of the Transit Bureau radio network. PROCEDURE When the Transit Bureau radio network malfunctions and/or there is an interruption in service: COMMUNICATIONS SECTION DISPATCHERS AND/OR SUPERVISORS 1. Notify immediately, via intercom or telephone: a. On-staff radio technicians and direct them to identify, evaluate and correct the problem b. Affected transit districts c. Transit Bureau Operations Unit d. Operations Unit (Chief of Department). 2. Notify immediately, via division citywide frequencies: a. Patrol Services Bureau b. Precincts located within and adjacent to the geographic area affected by the Transit Bureau radio network malfunction. 3. Re-route Transit Bureau calls for service to Patrol Services Bureau. a. Precinct personnel will be assigned transit calls for service. b. Dispatch another unit to the location if call for service is not finalized in thirty minutes. 4. Prioritize 911 calls from uniformed members of the service in the field. 5. Conduct a radio check of various units in strategic areas within the affected area at thirty minute intervals, until the condition is corrected. 6. Notify Operations, Transit Bureau Operations and district desk officer when the condition is corrected. CHIEF OF DEPARTMENT OPERATIONS UNIT 7. Notify executive staff and duty chief. 8. Notify Patrol boroughs concerned and direct that patrol personnel be assigned to conduct foot patrol within subway stations and/or on platforms of elevated lines in the affected area. a. Direct Patrol Services Bureau officers to notify Transit Bureau officers to contact their command for instructions/reassignment. b. Place the Patrol Borough Task Force concerned on "Alert" for use within Transit, if required. 9. Generate FINEST message alerting districts and Patrol Services Bureau of outage. TRANSIT BUREAU OPERATIONS 10. Notify the Chief of Transit Bureau, all Transit Bureau borough commanders, New York City Transit Rail Control Center, and all Transit Bureau High Alert Captains immediately. 11. Notify Transit Bureau Special Operations Division to have their units contact their commands for instructions/reassignments. TRANSIT BUREAU COMMANDS 12. Ensure all districts/commands in the affected and adjacent areas are notified. 13. Notify Electronics Section and request adequate number of UHF division radios to be picked up by transit borough commands for distribution to affected district commands. 14. Assign a captain or above as the incident commander for that borough to monitor police operations and initiate a systematic signal system requiring MOS to telephone their command at periodic intervals and to locate a telephone on post capable of receiving and sending telephone calls for the dispatch of emergency messages from the district command. NOTE: Most times, New York City Transit system telephones, located at every token booth and at various yellow telephone boxes throughout the subway are capable of receiving incoming and outgoing telephone service. TRANSIT DISTRICT DESK OFFICER 15. Ensure that all uniformed members of the service are accounted for, notified to make hourly signals, and directed to conduct all police business via telephone. 16. Assign uniformed members of the service a UHF radio and to paired patrols until such time as the malfunction is corrected. 17. Suspend assignments in civilian clothes. UNIFORMED MEMBER OF THE SERVICE 18. Make hourly signals to district/command. 19. Keep radio in the "ON" position in the event that radio repairs are made. 20. Attempt to contact the radio dispatcher utilizing the Transit Bureau VHF radio every half hour until condition is corrected. 21. Notify radio dispatcher and the district desk officer, when condition is corrected. 22. Return UHF radio to transit district desk officer at the end of tour. ADDITIONAL DATA Sergeants assigned to the New York City Transit Rail Control Center will liaison with the Communications Section, Chief of Department Operations Unit, Transit Bureau Operations, and Transit boroughs during the malfunction of the Transit Bureau radio network. Sergeants assigned to the Rail Control Center will relay NYCT Department of Subways radio transmissions of interest to the Transit Bureau Wheel via landline. In addition, a request will be made to the Rail Control Center to have train operators remain alert when entering subway stations to stop the train and inform uniformed members of the service that there is a police radio malfunction in the area and request the member to "call his command." Uniformed members of the service should remain cognizant of the fact that New York City Police Department radios, other than those normally assigned to the transit Bureau, will not work underground (except for those few Manhattan stations equipped with underground repeaters). P.G. 212-23 Inspection Of Rapid Transit Stations On Post Date Effective: 08/01/13 PURPOSE To inspect rapid transit stations (New York City Transit, Port Authority Trans-Hudson [PATH], or Staten Island Rapid Transit [SIRT]) located within a member's assigned post or sector. PROCEDURE When a member's assigned post or sector includes a rapid transit station: UNIFORM MEMBER OF THE SERVICE 1. Confer with railroad clerk, at each station, as to conditions requiring police attention. 2. Inspect concessions, toilets, stairways, mezzanines, platforms and all token booths whether open or closed, for conditions requiring police attention. NOTE: Before entering a toilet used by a person of the opposite sex, member concerned will knock on the door and announce loudly "Police Inspection." If persons of the opposite sex are within, member WILL NOT enter until their departure, UNLESS informed of criminal activity therein. 3. Visit each station on post at least once, and as often as practicable, unless otherwise directed. 4. Make ACTIVITY LOG (PD112-145) entries concerning conditions reported by railroad clerk and results of inspections. 5. Know hours of operation for concessions in the station. 6. Investigate suspicious conditions in the station. 7. Report any accident/crime prone condition, unsanitary condition, or fire hazard. 8. Prevent persons unable to care for themselves from entering the system. a. Ensure that necessary assistance is provided to such persons. RADIO MOTOR PATROL RECORDER 9. Inspect each uncovered station and post in patrol sector. 10. Make ACTIVITY LOG entries of results of such inspections. 11. Notify district desk officer of any uncovered station in sector not inspected and reason. DISTRICT DESK OFFICER 12. Ensure on first (1st) platoon that any post not inspected during the previous twenty-four hours is inspected, as soon as possible. ADDITIONAL DATA Members performing Transit Bureau assignments shall proceed immediately after roll call to the nearest station of assigned post, unless otherwise directed by competent authority. FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 212-24 Removal Of Power In Subway Date Effective: 08/01/13 PURPOSE To establish guidelines to be adhered to when requesting the removal of power in the subway. SCOPE Removal of power in the subway can be extremely hazardous, dangerous and disruptive to police personnel, passengers and New York City Transit employees and should only be requested in extreme emergencies involving life-threatening situations. PROCEDURE When it becomes necessary to request the removal of power in the subway: UNIFORMED MEMBER OF THE SERVICE 1. DO NOT enter the track area, except in extreme emergencies. 2. Notify the radio dispatcher in the usual manner. 3. Provide complete details including, if applicable: a. Full description of the condition or suspect(s) b. Crime committed c. Type of weapon d. Direction of flight, etc. 4. Request response of the Patrol Services Bureau and Transit Bureau patrol supervisors, and additional units necessary to secure the platform area and points of entry to the tunnel. 5. Notify required units, e.g., Emergency Service Units, detective squad, Crime Scene Unit, etc., as necessary. NOTE: Prompt notification and timely response of specialized units will minimize the duration of the power removal and subsequent disruption. PATROL SUPERVISOR 6. Make determination whether a search or other police action will be conducted in the tunnel. 7. Determine the manner in which a police operation is conducted, including the necessity for removal of power. NOTE: Before requesting the removal of power, consider the wide scale ramifications of this action. Some of the factors to be considered, but not limited to, are: a. The time of day (rush hour/non-rush hour) b. Weather conditions (extreme heat) c. Type of station (elevated or below ground) d. Location of trains e. Extent of injuries in aided cases f. Risk to the riding public, if a crime is involved. 8. Notify the Operations Unit at (212) 374-5580 of the time of the request for the removal of power. a. Notify the Operations Unit when power is restored. 9. Notify and request the response of the district commander/duty captain. DISTRICT COMMANDER/DUTY CAPTAIN 10. Respond to the scene and supervise police operations. 11. Ensure that proper notifications have been made to the Operations Unit. NOTE: The ranking officer supervising police operations will make maximum utilization of the experience and expertise of New York City Transit personnel at the scene. MEMBER CONCERNED, OPERATIONS UNIT 12. Notify the Police Commissioner's Office, the Office of Chief of Department, and the Transit Bureau Wheel (718-243-8906/7) of any removal of power within the transit system which occurs as a result of police action. a. A second notification will be made upon restoration of power. NOTE: Uniformed members of the service will not personally shut off power, unless there is a grave risk of IMMINENT danger to the officers concerned or to others and NO OTHER safe alternative is available. WHEN IT IS NECESSARY TO IMMEDIATELY REMOVE POWER FROM TRACK AREA DUE TO IMMINENT DANGER: UNIFORMED MEMBER OF THE SERVICE 13. Open emergency alarm box and pull lever down as far as it will go and release the lever (located in subway tunnels, spaced about 400 to 600 feet apart, beneath the blue light). a. Power on all tracks in the vicinity will be immediately turned off. 14. Use the telephone (located at the alarm box), immediately after removing power, to notify the Rapid Transit Operations Command Center Desk Superintendent of the situation. NOTE: New York City Transit will automatically RESTORE THE POWER if notification is not made immediately. 15. Notify the radio dispatcher via radio, if telephone notification cannot be made, and request that immediate notification be made to the Desk Superintendent concerned. NOTE: The train operator or conductor's New York City Transit radio can be used by police personnel for conducting direct communications with the Rapid Transit Operations Command Center. The removal of power may be avoided, in many instances, by obtaining the cooperation of train motormen and riding in the lead cars of trains, in both directions, through the affected area to search for fleeing suspects. PATROL SUPERVISOR/RANKING OFFICER IN CHARGE 16. Confer with a New York City Transit supervisor on the scene, after ensuring that all personnel are off the tracks, as to whether power can be restored immediately after the condition, which required the removal of power, has been corrected. ADDITIONAL DATA Members of the service are reminded that the NYC Transit has the capability of limiting the removal of power to the actual tracks involved in the critical incident. Turning off the power directly from the emergency alarm boxes will remove the power in both directions and on all tracks for several stations. This can cause a major tie-up on the subway system thereby creating other hazards. Therefore, when possible, all requests for the removal or restoration of third rail power will be made directly to the Rapid Transit Operations Command Center Desk Superintendent. This request can be made via the motorman's radio, Rapid Transit Operations Radio or if no other alternative exists by the radio dispatcher in the usual manner. In all cases, an immediate follow-up notification will be made to the Communications Division, Transit Communications Unit. In cases where a dead human body is found under circumstances indicating an apparent homicide or is otherwise suspicious, the investigating officer from the Crime Scene Unit will photograph and mark the position of the body (head, leg, arm, etc.) and any other items of evidence that must be removed to avoid destruction by passing train traffic. The body will then be removed to an area of safety for further examination so that the power and service can be restored. If a suspicious death/homicide occurs on a train, the body should remain undisturbed. The car or cars involved shall be secured, and a uniformed member of the service shall be assigned to accompany the car involved as it is removed to the train yard or other place where the investigation will be completed. If the member so assigned is anyone other than the investigating officer, that member shall remain with the removed car until the investigating officer's arrival. Prior to moving the car, the investigating officer will mark its position and note the order and serial numbers of all cars in the make-up of the train. If necessary, investigators may return to the scene to conduct a search for additional evidence. When a body is found in the track bed and is obstructing passenger train traffic, it will suffice to have the responding detectives photograph the body in place from several angles prior to its removal. RELATED PROCEDURE Searches for Armed/Dangerous Persons on New York City Transit Tracks (P.G. 212-18) P.G. 212-25 Revenue Escorts Date Effective: 08/01/13 PURPOSE To provide procedures for performing revenue escorts. PROCEDURE When post or sector assignment includes a scheduled New York City Transit revenue escort, upon arrival at station: UNIFORMED MEMBER OF THE SERVICE 1. Ascertain from railroad clerk the exact time of the scheduled escort. 2. Report to booth five minutes prior to the time of the escort. 3. Walk approximately five feet behind the railroad clerk and to the side where clerk is carrying revenue. 4. Keep hand on firearm with glove off. a. Remain alert at all times. NOTE: Uniformed members of the service equipped with traditional revolver holster shall break safety seam. 5. Make ACTIVITY LOG (PD112-145) entries, upon completion of revenue escort. 6. Contact the district desk officer and be guided by instructions, if revenue escort is not ready to leave at scheduled time. 7. DO NOT carry New York City Transit revenue or any other articles that could impede the safety of the escort, under any circumstances. FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 212-26 Inspection Of New York City Housing Authority Facilities Date Effective: 08/01/13 PURPOSE To ensure that New York City Housing Authority facilities are being properly inspected and to suppress criminal activities therein. DEFINITION N.Y.C. HOUSING AUTHORITY FACILITY - Includes, but is not limited to, community centers, child care centers, maintenance shops and areas, storerooms, health centers, senior citizen centers, tenant recreation rooms, management offices, laundry and boiler rooms, etc. PROCEDURE Uniformed members of the service shall comply with the following guidelines relative to inspecting N.Y.C. Housing Authority (NYCHA) facilities: UNIFORMED MEMBER OF THE SERVICE 1. Be responsible for the suppression or rapid discovery of burglaries or related crimes on assigned post. 2. Check each NYCHA facility on assigned post during the first and last hour of each tour of duty, if possible. a. Make appropriate ACTIVITY LOG (PD112-145) entries. 3. Frequently inspect security of NYCHA facilities on assigned post during tour of duty. a. Make appropriate ACTIVITY LOG entries of all facility inspections. 4. Comply with any additional instructions given by supervisory officers relative to facility security measures. a. Give special attention to those facilities accorded "Post Condition" status. NOTE: Members of the service assigned to a high priority incident will not be required to conduct security checks as stated above. 5. Request the response of a patrol supervisor upon discovery of a burglary or related crime committed within a NYCHA facility. PATROL SUPERVISOR 6. Inspect assigned member's ACTIVITY LOG during tour to ensure that NYCHA facilities have been inspected. UPON NOTIFICATION OF A BURGLARY OR RELATED CRIME WITHIN A NYCHA FACILITY: PATROL SUPERVISOR 7. Respond to scene and supervise investigation. 8. Interview members of the service at location. 9. Ascertain that location has been secured. 10. Take other appropriate action as deemed necessary. 11. Ensure that all required reports (i.e., COMPLAINT REPORT [PD313-152]) are prepared in connection with the incident. NOTE: Whenever an arrest is made of a perpetrator for the burglary of a NYCHA facility, the patrol supervisor will evaluate the circumstances, and when warranted, will recommend the arresting officer(s) for Departmental Recognition. PSA COMMANDING OFFICER 12. Coordinate police and N.Y.C. Housing Authority management efforts to suppress crime. 13. Solicit recommendations from assigned members on methods to deter crimes in facilities. 14. Prepare a written directive to assigned members, indicating any additional instructions concerning the frequency and manner of inspection that may be required on their posts. 15. Maintain liaison with executive members of the N.Y.C. Housing Authority to ensure coordination of efforts. COMMANDING OFFICER, HOUSING BOROUGH 16. Coordinate and direct special units of the housing borough for maximum effectiveness in suppressing facility burglaries and related criminal activity. 17. Apprise the Chief of Housing Bureau of conditions within NYCHA facilities, when necessary. ADDITIONAL DATA PSA commanding officers will work closely with Housing Authority managers concerning ongoing construction initiatives and the temporary storage of materials and equipment on Housing Authority property. Housing Authority managers will provide PSA commanding officers with a list of development addresses where materials and equipment will be stored while the development is undergoing construction and/or improvement(s). Based in this information, PSA commanding officers will ensure that all on-site storage locations are temporarily designated as NYCHA facilities, and inspected in conformance with this procedure. The PSA community affairs officer will survey the physical layout of each NYCHA facility within the command, and will recommend, to the development manager concerned, measures concerning: a. The proper locking/securing of facilities b. Appropriate lighting for surroundings c. Securing valuable items d. Acquiring additional security devices that may deter crime, etc. The PSA crime analysis officer will evaluate statistical data of incidents to identify specific times, locations and other patterns of crime. This information will be made available to the PSA commanding officer, on a continual basis. FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) P.G. 212-27 Record Room Blotter Interim Order 2 Issued 01-06-12 Revoked P.G. 212-27 Date Effective: 01-01-00 PURPOSE To record all visits to Record Rooms by members of the service and any important information relating to patrol conditions at Housing Authority locations. DEFINITION RECORD ROOM BLOTTER - A bound ledger 7-1/2" x 12" with pre-numbered pages 1 to 500. Each page divided into three vertical columns. PROCEDURE When a uniformed member of the service is assigned to a Housing Authority location and/or visits a Record Room during a tour of duty: UNIFORMED MEMBER OF THE SERVICE 1. Make all entries in Record Room Blotter in black ink using a ballpoint pen. 2. Enter on the inside cover, prior to the first page, the date opened, the date closed, and the rank, name and shield number of the uniformed member of the service who opened and closed the blotter. 3. Enter the day of the week and the date, on the first writing page, on the first writing line. a. Begin a new page each day beginning at 0001 hours. b. Close out previous day's entries by drawing a diagonal line from left to right, top to bottom on the last page used and initial same. 4. Do not skip pages or lines. 5. Do not make erasures. a. Corrections must be legible and shall be made by drawing a single horizontal line through the entry to be corrected and initialing it. b. Place the correct entry directly beneath the corrected entry. 6. Draw a horizontal line midway between the last writing line of the entry and the first new writing line, after completion of an entry. 7. Begin any new entry directly beneath the previous entry. 8. Record all entries in chronological order as follows: a. Column I - Enter the exact time of the entry. b. Column II - Enter the word "NOTIFICATION" when an entry relates to information passed on or received from competent authority. (1) Enter the COMPLAINT REPORT (PD313-152) number, FIELD REPORT (PD313-1511) number, or other available report number, when the entry to follow is in reference to same. c. Column III - Enter rank, name, shield number and a concise summary of the reason for entry. UNIFORMED MEMBERS ASSIGNED TO FOOT OR SCOOTER PATROL AT A HOUSING AUTHORITY LOCATION SHALL: UNIFORMED MEMBER OF THE SERVICE 9. Enter time, rank, shield number and specific roll call information, i.e., post, ring, meal and relief, in blotter, immediately upon arrival at Record Room. 10. Record, in the blotter, immediately upon entering the Record Room, each time entry is made into the Record Room, specifying time and reason for the entry (e.g., meal, clerical, etc.). NOTE: The following information will be recorded in the blotter: a. All facilities checked. b. All civilians entering the Record Room, by name. c. All important information relating to patrol conditions. 11. Sign out of the blotter within a reasonable period of time after each entry into the Record Room. NOTE: All other members of the service, including supervisors, must record all visits to a Record Room by signing the blotter immediately upon arrival at a Record Room, indicating the time and the reason for the visit. a. Such members shall sign out of the blotter within a reasonable period of time. PATROL SUPERVISOR 12. Ensure that all Record Room Blotter entries are accurate and correct. 13. Have all completed Record Room Blotters delivered to the appropriate police service area command, by the member of the service who completes same. a. Ensure that there is a new blotter available for use at all times. ADDITIONAL DATA Blotters shall be stored at the concerned police service area command with the binding up and a gummed label affixed to the binding indicating: a. Name of development. b. Opening date. c. Closing date. d. Blotter number. ALL Record Room Blotter entries MUST be made in the member's own handwriting. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) FIELD REPORT (PD313-1511) P.G. 212-28 Disabled Housing Authority Elevator Car With Passengers Date Effective: 08/01/13 PURPOSE To ensure the prompt and safe removal of passengers from disabled elevator cars in Housing Authority buildings. PROCEDURE Upon arriving at the scene of a disabled elevator car with passengers: UNIFORMED MEMBER OF THE SERVICE 1. Notify radio dispatcher and request response of: a. Housing Authority Emergency Service personnel, via the PSA telephone switchboard operator, police service area of occurrence. b. N.Y.P.D. Emergency Service Unit and ambulance, if situation requires the immediate removal of passengers in cases involving, but not limited to: (1) Cardiac condition (2) Seriously ill passenger, etc. NOTE: If a delay in the response of Housing Authority Emergency Service personnel is expected, a request for N.Y.P.D. Emergency Service Unit personnel will be made even in situations deemed to be of a non-emergency nature. 2. Remain at the location of a disabled elevator car with passengers and provide necessary assistance until: a. Properly relieved by other police personnel b. Condition is corrected and elevator car door, as well as the outer car door, is properly secured. NOTE: Members of the service shall NOT attempt to remove passengers from a disabled elevator car without the assistance of Housing Authority and/or N.Y.P.D. Emergency Service Unit personnel who are trained in the removal of passengers from disabled elevators. 3. Notify radio dispatcher when condition is corrected. 4. Prepare FIELD REPORT (PD313-1511) and AIDED REPORT WORKSHEET (PD304-152b), if necessary, upon completion of assignment. a. Include names and addresses of passengers and names and shield numbers of responding Emergency Service personnel. ADDITIONAL DATA If the incident may involve the Housing Authority in a civil action, members shall notify the PSA desk officer and report all pertinent details in accordance with P.G. 217-11, "Accidents - New York City Housing Authority Involved." RELATED PROCEDURES Accidents - New York City Housing Authority Involved (P.G. 217-11) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) FIELD REPORT (PD313-1511) P.G. 212-29 Firearms Discharge By Uniformed Members Of The Service Date Effective: 08-01-13 PURPOSE To record and evaluate incidents in which uniformed members of the service discharge firearms, and incidents in which a firearm that is or should have been in the possession or control of a uniformed member is discharged. NOTE: A firearms discharge does not include a discharge during an authorized training session or while lawfully engaged in target practice or hunting. Additionally, it does not include a firearms discharge at a firearms safety station within a Department facility. See ADDITIONAL DATA for accidental firearms discharge at a firearms safety station. DEFINITION PATROL BOROUGH SHOOTING TEAM - Consists of, on an ad hoc basis, personnel assigned to the Borough Investigations Unit, Detective Bureau, Emergency Service Unit, community affairs officers, precinct patrol supervisors and precinct police officers. SHOOTING TEAM LEADER - Each patrol borough shooting team will have as its leader one of the following ranking officers: Commanding Officer, Borough Investigations Unit or, one of the number of captains designated by the borough commander and approved by the Chief of Department. INVESTIGATING OFFICER - Shooting team leader conducts investigation, whenever a uniformed member of the service discharges a firearm, and signs required report, under the supervision of: a. Duty inspector when no personal injury occurs or when a perpetrator or bystander sustains a non-serious firearms injury b. Duty chief when anyone is killed or seriously injured by gunshot or a uniformed member of the service is injured by gunshot. NOTE: When no shooting team leaders are on duty and a uniformed member of the service discharges a firearm which results in an injury, the patrol borough concerned will activate a shooting team leader from off-duty. In such cases, the precinct commanding officer/ duty captain will respond to the scene and take charge of the investigation. When the shooting team leader arrives, the leader will be briefed by the precinct commanding officer/duty captain and will thereupon assume responsibility for the investigation (see Appendix "A"). Commanding/executive officer, precinct of occurrence/duty captain conducts investigation and signs required report, under the supervision of the duty inspector, whenever a uniformed member of the service discharges a firearm under circumstances where there: a. Is no injury to a person, and b. No shooting team leaders on duty. (Commanding officers of Transit Bureau districts and Housing Bureau police service areas where the incident occurred, if on duty at the time of the shooting, will perform this function when the shooting involves uniformed members of the service within their respective jurisdictions (see Appendix "A"). Interim and final reports on firearm discharges, initially reported by shooting team leaders, will be the responsibility of the Commanding Officer, Patrol Borough Investigations Unit. The commanding officer, precinct of occurrence, will be responsible for interim and final reports initially investigated by non-shooting team ranking officers (see Appendix A"). PROCEDURE When a uniformed member of the service discharges a firearm, either on or off-duty, or any incident in which a firearm that is or should have been in the possession or control of a uniformed member is discharged. UNIFORMED MEMBER OF THE SERVICE 1. Request patrol supervisor, and: a. Call for ambulance and render assistance to injured, if necessary b. Safeguard the scene. NOTE: If firearm is discharged outside New York City, uniformed member of the service concerned will promptly report discharge to local police authorities and the Operations Unit, either personally or by responsible messenger. Pursuant to the investigation of these incidents, investigating officers may use Department vehicles without obtaining prior permission, if responding outside the City but within the residence counties. Incidents occurring outside the City but within the residence counties will be investigated as follows: a. Patrol Borough Bronx will assign an investigating officer to conduct investigations in Westchester, Rockland, Orange or Putnam Counties. b. Patrol Borough Queens South and Patrol Borough Queens North will alternately assign an investigating officer to conduct investigations in Nassau or Suffolk Counties. PATROL SUPERVISOR 2. Respond to scene and take command. a. Assess injuries of involved members. (1) Direct seriously injured members be transported to the nearest trauma center. (2) Direct members sustaining minor injuries (i.e., tinnitus) be transported to the nearest hospital after conferring with the commanding officer/duty captain, if available. b. Establish crime scene, if necessary. c. Notify the desk officer. DESK OFFICER 3. Notify precinct commanding officer/executive officer, Operations Unit and patrol borough command, and Internal Affairs Bureau, Command Center, without waiting for details. a. Ensure a supervisor is responding directly to the hospital where injured member is receiving treatment COMMANDING OFFICER/DUTY CAPTAIN 4. Confer with patrol supervisor if on scene prior to transportation of injured member, and direct injured member be transported to nearest trauma center/hospital, as appropriate. OPERATIONS UNIT 5. Notify duty chief. PATROL BOROUGH COMMAND 6. Notify: a. Duty inspector b. Appropriate investigating officer, i.e., duty captain, shooting team leader. DUTY INSPECTOR 7. Respond to scene, and: a. Confer with commanding officer or executive officer/duty captain/shooting team leader. INVESTIGATING OFFICER 8. Respond to scene and conduct investigation. a. Request the assistance of personnel assigned to the Internal Affairs Bureau, Office of Deputy Commissioner, Public Information, Office of Chief, Community Affairs, Office of Deputy Commissioner, Legal Matters, etc., when appropriate. 9. Notify District Attorney's Office in all shooting cases. a. Confer with District Attorney before interviewing uniformed member(s) of the service. NOTE: Unresolved issues with the District Attorney will be brought to the attention of the duty inspector/duty chief and be guided by their direction. 10. Interview: a. Witnesses b. Other persons involved c. Uniformed member concerned, if appropriate. 11. Direct patrol supervisor to inspect firearms for evidence of recent discharge (i.e., presence of spent rounds). a. Have Firearms Analysis Section notified if firearm was discharged. NOTE: If anyone was injured as a result of police firearms discharge, direct patrol supervisor to secure all weapons that were discharged. A member assigned to the Borough Investigations Unit will transport the firearm(s) to the Firearms Analysis Section. 12. Direct uniformed member concerned to prepare FIREARMS DISCHARGE/ASSAULT REPORT (PD424-151). a. Direct patrol supervisor to prepare REPORT, if uniformed member concerned is incapacitated. 13. Assign uniformed member(s) of the service involved, temporarily, to patrol borough office of assignment, or counterpart, for a minimum of three consecutive scheduled tours (exclusive of sick time or regular days off), if firearms discharge causes death or injury. 14. Notify Operations Unit and patrol borough command of details of investigation and temporary assignment of uniformed member concerned, if such assignment was made. 15. Prepare report on Typed Letterhead, addressed to the Chief of Department, based on "Firearms Discharge Manual, A Guide to the Preparation of a Shooting Incident Report." a. Include findings as to whether firearms discharge was within or outside Department guidelines, if investigation is completed, and b. Include any recommendations, as per the following schedule: (1) FINDINGS (a) No violation of Department firearms guidelines (b) Violation of Department guidelines (c) Accidental discharge - violation (d) Accidental discharge - no violation (2) RECOMMENDATIONS (a) No corrective action to be taken (b) Member concerned to review the law and instructions (c) Member concerned to have additional firearms instructions (d) Retraining in tactics re: ________________ (e) Current assignment of member be reviewed (f) Other (Command Discipline, Charges and Specifications, etc.) re: ________________ NOTE: Ordinarily, there will be one "finding" per firearms discharge incident and one or more "recommendations" about follow-up action to be taken. However, an incident involving multiple firearms discharges by an individual uniformed member of the service may have more than one "finding." For example, an incident wherein two rounds are fired may have a "finding" that one discharged round was "No violation of Department firearms guidelines," and the other fired round was a "Violation of Department guidelines." In these split "findings" cases, the investigating officer will clearly specify the nature of each fired round. In many cases the investigating officer's determination about the shooting being "within/outside" the Department's guidelines will be reserved for the future when the investigation is completed, e.g., following the interview of uniformed member concerned (see P.G. 206-13, "Interrogation of Members of the Service", presentation to grand jury, or completion of a criminal trial. However, other co-relative decisions will not be postponed. For example, regarding behavior or violations of Department guidelines, immediate action will be taken when the member's behavior is erratic, e.g., refer to Psychological Services, if appropriate, or derelictions are uncovered, e.g., initiate disciplinary actions. These actions will be described in the initial report in its "Miscellaneous" section. c. Indicate in report the time and date uniformed member concerned was temporarily assigned to patrol borough/ counterpart command. 16. Review and sign report. a. Distribute as follows: (1) Original and first copy - to Chief of Department's Investigation Review Section, Firearms Discharge Advisory Board, Room 1100A, Police Headquarters, DIRECT. (a) Attach first copy of FIREARMS DISCHARGE/ ASSAULT REPORT. (2) Copy - Deputy Commissioner, Strategic Initiatives, (if death or injury) Deputy Commissioner, Training Chief of Department Chief of Patrol Chief of Housing Bureau, if appropriate Chief of Personnel Chief of Transportation, if appropriate Commanding Officer, Firearms and Tactics Section Patrol Borough Commander Uniformed member's commanding officer, if other than precinct of occurrence. 17. Distribute remaining copies of FIREARMS DISCHARGE/ASSAULT REPORT, as indicated on form. PATROL BOROUGH/COUNTERPART COMMANDER 18. Prepare report on Typed Letterhead for bureau chief concerned reviewing temporary assignment of uniformed member(s) of the service concerned. a. Recommend continuance or discontinuance, as appropriate. NOTE: Uniformed member(s) of the service involved in such incidents will not be returned to permanent command without prior approval of Chief of Department. COMMANDING EXECUTIVE OFFICER, MEMBER CONCERNED 19. Conduct informal interview of uniformed member(s) concerned, after initial investigation is completed. a. Inquire about uniformed member's well being b. Offer any assistance deemed appropriate including the services of the Counseling Services Unit, Employee Relations Section, Early Intervention Unit (EIU) and Police Organization Providing Peer Assistance (POPPA). 20. Conduct a follow-up interview of the uniformed member concerned within twenty-four to forty-eight hours. a. Observe uniformed member's post trauma reaction. b. Repeat offer of the services of the Employee Relations Section, Early Intervention Unit (EIU), and Police Organization Providing Peer Assistance (POPPA). COMMANDING OFFICER, BOROUGH INVESTIGATION UNIT/PCT OF OCCURRENCE 21. Prepare final report on Typed Letterhead within ninety days of the incident. a. Submit interim reports on a monthly basis, if unable to comply within ninety days, indicating reason for delay, e.g., District Attorney requested delaying interview of uniformed member(s) concerned, etc. b. Include, in the final report, all information not available at the time of the initial report, and (1) Findings and recommendations (2) Medical Examiner's report (3) Ballistics report (4) Department Gunsmith's report (accidental discharges) (5) Synopsis of uniformed member(s) statements (6) Statement that Communications Section tapes were audited and are consistent or not consistent with uniformed member(s)/witnesses' statements (7) District Attorney/grand jury findings, if applicable (8) Internal Affairs Bureau findings, if applicable. 22. Forward report to Chief of Department, as follows: a. Original - DIRECT to Chief of Department's Investigation Review Section b. Duplicate - through channels. NOTE: The Commanding Officer, Investigation Review Section will note all cases not finalized by the first anniversary of their occurrence due to a District Attorney's request to refrain from interviewing the uniformed member of the service under P.G. 206-13, "Interrogation of Members of the Service." A report of these cases will be forwarded to the Deputy Commissioner-Legal Matters. The Deputy Commissioner-Legal Matters will confer with the appropriate District Attorney to expedite judicial proceedings so that the shooting investigation can be finalized without undue delay. The Deputy Commissioner-Legal Matters will report the results of his/her conferral on Typed Letterhead to the Chief of Department. PATROL BOROUGH COMMANDER 23. Call meeting of borough Firearms Discharge Advisory Board on a monthly basis. 24. Equitably distribute shooting investigations among shooting team leaders and ensure their availability, whether on or off duty, at all times. BOROUGH FIREARMS DISCHARGE ADVISORY BOARD 25. Review incident and sustain/alter findings and recommendations previously made. 26. Prepare report, addressed to the Department Firearms Discharge Advisory Board, containing findings and recommendations per the schedule in step 14. NOTE: Each member must sign report. PATROL BOROUGH COMMANDER 27. Endorse findings and recommendations to Chief of Department's Firearms Discharge Advisory Board including: a. Summary of findings b. Indication of concurrence with findings and recommendations c. Current duty status and assignment of uniformed member(s) concerned. ADDITIONAL DATA FIREARMS DISCHARGE BY UNIFORMED MEMBERS OF THE SERVICE Investigating officers conducting the preliminary investigation will attempt to ascertain and note in the preliminary report on Typed Letterhead, any action, statement, clothing or equipment utilized by civilian clothed, uniformed members of the service concerned to identify the uniformed member(s) as police officers (see step 13, "Firearms Discharge Manual," [M.O.S. Description]). Additionally, the investigating officer preparing the final report on Typed Letterhead will include any additional information concerning identification which is obtained during the course of the subsequent investigation, including information obtained through interviewing civilian witnesses and/or the uniformed member(s) concerned, pursuant to the provisions of P.G. 206-13, "Interrogation of Members of the Service." If a person is killed as a direct result of police action, the uniformed member of the service involved will not be assigned to identify the body at the morgue. Another uniformed member of the service, who can identify the body, will be assigned. While a firearms discharge at a safety station within a Department facility does not require a report based on the "Firearms Discharge Manual" as per step 15 of this procedure, it does require a brief report by the uniformed member's commanding officer to the Commanding Officer, Firearms and Tactics Section. In all cases of firearms discharge, the firearm of the uniformed member concerned will be delivered to and examined by the Firearms Analysis Section. If accidental discharge of a firearm is alleged, the investigating officer will direct that after Firearms Analysis Section examination, the firearm be delivered to the Firearms and Tactics Section, Outdoor Range, at Rodman's Neck for examination by a Department gunsmith. Department gunsmiths are available Monday to Friday, 0730 to 2300 hours. Uniformed member(s) concerned will not use the firearm(s) in question until such examination is completed (see P.G. 204-12, Repair/Replacement of Authorized Firearms"). If uniformed member's service revolver/pistol has accidentally discharged and the incident occurs when a Department gunsmith is not available, the uniformed member concerned will be assigned to non-enforcement duty pending repair or replacement of the firearm. The FIREARMS DISCHARGE/ASSAULT REPORT is the primary method used by the Department to gather intelligence information regarding incidents which are life-threatening for police officers. The effectiveness of tactics training in identifying dangerous new criminal practices and in promoting safe new habits by uniformed members of the service depends upon the accuracy and completeness of these reports. FIREARMS DISCHARGE INVESTIGATIONS-ACCIDENTAL DISCHARGES AND SELF-INFLICTED WOUNDS During the initial investigation of an incident involving a firearm discharge by a member of the service), information sometimes indicates that the firearm was discharged under accidental circumstances (with or without injury or death), or may have apparently been a self-inflicted wound. In all such cases, the ranking officer responsible for conducting the investigation must determine whether the firearms removal procedure P.G. 206-17, "Removal And Restoration Of Firearms) would be appropriate. All firearms discharge investigation reports under accidental circumstances shall include a finding and recommendation under Miscellaneous Information (Para. 25 - standard format) whether or not the member's firearms should be removed. In all cases of apparently self-inflicted wounds, absent mitigating circumstances, firearm removal is mandatory. Members do not have to be suspended or placed on modified assignment in order to have their firearms removed. When the ranking member conducting the investigation determines that a firearms removal is appropriate, P.G. 206-17, "Removal And Restoration Of Firearms," shall be followed. The circumstances of each case shall be judged on their own merit. Factors such as on/off duty status, fitness for duty, contributing circumstances (e.g., struggle with suspect), shooting range incidents etc., shall be considered in making a determination about the necessity of firearms removal. When firearms removal would not be appropriate, if an accidental discharge of a firearm is alleged, the investigating officer will direct that after ballistics examination, the firearm be delivered to the Firearms and Tactics Section, Outdoor Range, at Rodman's Neck for examination by a department gunsmith (gunsmiths are available Monday to Friday, 0730 to 1530 hours). Members concerned will not use firearm in question until such examination is completed (see P.G. 204-12, "Repair/ Replacement of Authorized Firearms"). If member's service firearm has accidentally discharged and the incident occurs when a department gunsmith is not available, such member will be assigned to non-enforcement duty pending repair or replacement of the firearm. In all firearm discharge cases, the ranking investigator shall determine whether a referral should be made to the Early Intervention Unit, Counseling Service, or Trauma Counseling Program. When a member is shot, or causes, accidentally or otherwise, serious injury or death to another, the member will be referred to the Trauma Counseling Program. All uniformed members of the service who discharge a firearm, on or off duty, at other than an approved firing range, will attend a tactics review session conducted by the Firearms and Tactics Section. The dates, times, locations, required equipment, and other provisions governing the review sessions will be the subject of a yearly Department directive. RELATED PROCEDURES Interrogation of Members of the Service (P.G. 206-13) Line of Duty Injury or Death Occurring Within City (P.G. 205-05) Line of Duty Injury or Death Occurring Outside City in Residence Counties (P.G. 205-06) Removal and Restoration of Firearms (P.G. 206-17) Trauma Counseling Program (P.G. 205-08) Repair/Replacement of Authorized Firearms (P.G. 204-12) Boards and Committees (O. G. 101-23) FORMS AND REPORTS FIREARMS DISCHARGE/ASSAULT REPORT (PD424-151) Typed Letterhead APPENDIX "A" RESPONSIBILITY FOR SHOOTING INVESTIGATION Type of Shooting No Injury Injury Initial Report ___________________________________________________________________________ Duty Captain See Note. No. However, he/she will promptly respond to scene and initiate investigation until the arrival of the Shooting Team Leader. ___________________________________________________________________________ Shooting Team Leader Yes, if on duty at Yes. time of the firearm discharge. ___________________________________________________________________________ C.O. (X.O.) of Housing See Note. No. However, if on-duty, Bureau PSA (Area of he/she will promptly Occurrence) respond to scene and initiate investigation with the assistance of the Duty Captain until the arrival of the Shooting Team Leader. ___________________________________________________________________________ C.O. (X.O.) of Transit See Note No. However, if on-duty District (Area of he/she will promptly Occurrence) respond to scene and initiate investigation with the assistance of the Duty Captain until the arrival of the Shooting Team Leader. ___________________________________________________________________________ NOTE: All firearms discharges by uniformed members of the service will be investigated by a Shooting Team Leader if one is on duty at the time of the shooting. If none is on duty and anyone is injured by a firearms discharge, the borough will activate a Shooting Team Leader from off duty status. If none is on duty and no one has been injured, the investigation will be conducted by the duty captain concerned. (This function will be performed by the Commanding Officer or Executive Officer, precinct of occurrence, if he/she is on duty. In addition, non-injury shootings involving on duty uniformed members of the service assigned to the Housing Bureau and Transit Bureau, when occurring on Housing or Transit facilities, will be conducted by the Commanding Officer of the PSA concerned or the Commanding Officer of the transit district concerned if he/she is on duty at the time of the shooting.) Further, if an incident involves firearms discharges by multiple officers assigned to the Housing Bureau or Transit Bureau and other Department bureaus, the investigation will be conducted by the Patrol Services Bureau Duty Captain. Interim and final reports relative to police shootings will be prepared by: The Commanding Officer, Borough Investigations Unit concerned whenever the initial report is prepared by a Shooting Team Leader. The Commanding Officer, precinct of occurrence whenever the initial report is pre¬pared by a non-Shooting Team Leader. P.G. 212-30 Uniformed Member Of The Service Fired Upon, Subject Of Assault, Harassment, Menacing Or Reckless Endangerment, While Performing Lawful Duty Date Effective: 08-01-13 PURPOSE To record and evaluate incidents when a uniformed member of the service is fired upon, but no police firearms use occurs, or is the subject of an assault, harassment, menacing, or reckless endangerment, while performing lawful duty, either on or off duty. PROCEDURE When a uniformed member of the service is fired upon, but no use of police firearms occurs, or is the subject of an assault, harassment, menacing or reckless endangerment, either on or off duty: UNIFORMED MEMBER OF THE SERVICE 1. Promptly notify desk officer, precinct of occurrence. 2. Request response of patrol supervisor. DESK OFFICER 3. Notify precinct commander/duty captain, Operations Unit, and patrol borough command, without waiting for full details. COMMANDING OFFICER/DUTY CAPTAIN 4. Respond to scene and conduct investigation. 5. Direct uniformed member concerned to prepare FIREARMS DISCHARGE/ASSAULT REPORT (PD424-151). a. Direct patrol supervisor to prepare a report of incident, if uniformed member is incapacitated. 6. Prepare report on typed letterhead, addressed to the Chief of Department, Investigation Review Section. a. Attach first copy of FIREARMS DISCHARGE/ASSAULT REPORT. b. Forward copies of report, through channels. ADDITIONAL DATA The FIREARMS DISCHARGE/ASSAULT REPORT is the primary method used by the Department to gather intelligence information regarding incidents which are life-threatening for police officers. The effectiveness of tactics training in identifying dangerous new criminal practices and in promoting safe new habits by uniformed members of the service depends upon the accuracy and completeness of these reports. RELATED PROCEDURES Firearms Discharge By Uniformed Members Of The Service (P.G. 212-29) FORMS AND REPORTS FIREARMS DISCHARGE/ASSAULT REPORT (PD424-151) P.G. 212-31 Threats Against Members Of The Service Date Effective: 10-16-13 PURPOSE To ensure that threats against uniformed members of the service are documented and investigated properly. PROCEDURE Whenever a uniformed member of the service receives or is notified of a threat to the member concerned or to any other uniformed member of the service: MEMBER OF THE SERVICE RECEIVING THREAT 1. Attempt to gather as much information as possible regarding the identity of: a. Uniformed member of the service being threatened, and b. Person making the threat. IF THREAT IS RECEIVED BY TELEPHONE: MEMBER OF THE SERVICE RECEIVING THREAT 2. Attempt to keep the caller on the line as long as possible and record: a. Telephone number of the telephone on which the threat has been received b. Exact time the call commenced and terminated. 3. Attempt to obtain from caller as much information as possible, including: a. Name of threatened uniformed member of the service b. All information regarding the member concerned known by the caller c. Motive or reason for threat d. Manner in which the threat is to be carried out e. Identity of caller (including any nickname or street name) f. Location from which the call is being made. 4. Inquire if threatened uniformed member has arrested the caller and/or if caller has been previously arrested. a. Attempt to ascertain date and place of previous arrest or any incident of contact between the caller contact and threatened member, if applicable. 5. Be alert for any identifiable background noises that may pinpoint the location of the call, while engaged in conversation with the caller. NOTE: If available and time permits, recording devices should be utilized to record a threat received by telephone, or any part thereof. In addition, in all cases of threats received by telephone, available features such as "*57" and "*69" should be utilized immediately after contact is broken. The "*57" feature instructs the telephone company computer to "trap" and make a record of the originating telephone number of the immediately pre ceding call. The number can then be retrieved by an investigator through contact with the NYNEX Security Office. The "*69" feature automatically dials the originating telephone number of the immediately preceding call. This feature allows re-establishment of the connection in the event of a hang-up, thereby providing another opportunity to gather further information from the caller. These features do not operate on telephones that require an access code to obtain an outside line (i.e., dialing "9"). IF THREAT IS RECEIVED IN WRITING MEMBER OF THE SERVICE RECEIVING THREAT 6. Avoid unnecessary handling of envelope, if any, or document. 7. Place document into plastic security envelope as soon as possible. a. Preserve for fingerprints and/or handwriting analysis, as appropriate. NOTE: If biological evidence appears to be present, item should be placed into a paper envelope or other suitable paper container. Do not write on the container after the evidence or item has been placed therein. 8. Record: a. Whether document was delivered by U.S. Mail or other delivery service b. Identity, if possible, of postal service or delivery service employee. 9. Ascertain all available pedigree information, if delivered by private individual. a. Interview individual to ascertain origin of writing, including complete description of person from whom the writing was obtained, if applicable. IF THREAT IS RECEIVED BY FAX MEMBER OF THE SERVICE RECEIVING THREAT 10. Record: a. Precise date and time of receipt b. Telephone number of receiving FAX machine. 11. Obtain transmission report from FAX machine, if machine is so equipped. IF THREAT IS MADE IN PERSON MEMBER OF THE SERVICE RECEIVING THREAT 12. Ascertain all available information from the individual making the threat including: a. Identity of uniformed member of the service threatened b. Motivation of the threat c. Full pedigree of threatener. NOTE: If individual making the threat is not in custody at time of threat, and there is probable cause to believe the threatener has committed a crime, effect summary arrest and immediately notify supervisor of circumstances. 13. Notify supervisor immediately, whenever a threat is received as outlined in steps 1 through 12, above. SUPERVISORY MEMBER 14. Have threatened uniformed member notified of occurrence if threatened member is not the receiving member. NOTE: If threatened member is off duty at time of threat, the threatened member will be directed to contact the precinct detective squad concerned, as soon as possible, and the Intelligence Bureau, Criminal Intelligence Section immediately (available twenty-four hours a day for debriefing and assessment of threat precautions to be implemented, if necessary. 15. Direct all involved persons to remain at scene or report to stationhouse for debriefing. 16. Direct preparation of COMPLAINT REPORT (PD313-152) and refer REPORT, if necessary (see "NOTE," following step 37). a. Do not include information regarding the identity and residence of the threatened uniformed member of the service in the COMPLAINT REPORT. b. Mark COMPLAINT REPORT as "OPEN," in all cases and refer to precinct detective squad for further investigation. 17. Notify the following of occurrence: a. Precinct commanding officer/duty captain, b. Precinct detective squad, and c. Intelligence Bureau, Public Security Section. 18. Prepare report, on Typed Letterhead, addressed to the Chief of Department, detailing: a. Circumstances of threat b. Identity and other pertinent information regarding threatener c. Identity of uniformed member threatened. 19. Forward copies of report, as follows: a. One copy - DIRECT b. One copy - THROUGH CHANNELS c. One copy and copy of COMPLAINT REPORT to Intelligence Bureau, Public Security Section - DIRECT. ASSIGNED DETECTIVE 20. Interview all persons involved in threat including: a. Receiving member of the service b. Threatened uniformed member of the service, if other than receiving member c. Any person involved in the delivery of the threat, i.e., U.S. Postal Delivery person, or person receiving telephone threat, or person acting as an informant, etc. d. Arrested or suspected threatener. 21. Conduct full background check of all principals involved, i.e., criminal history and warrant status of suspected threatener, arrest activity of threatened member of the service, etc. DETECTIVE ASSIGNED, PUBLIC SECURITY SECTION 22. Respond to command of occurrence in cases where a specific uniformed member or group of members have been named as the target of the threat. 23. Review all reports in connection with incident. 24. Interview threatened uniformed member of the service. 25. Assess threat potential. a. Make preliminary recommendation regarding protective measures to ensure personal safety of threatened member. 26. Notify commanding officer concerned of preliminary recommended precautions. NOTE: Preliminary recommendations made by detectives assigned to the Public Security Section regarding protective measures to be afforded to threatened uniformed members of the service include, but are not limited to: a. Providing a panic alarm, in appropriate cases b. Providing a Department portable radio covering the frequency of the residence precinct of the member concerned c. Establishing a system of directed patrol to the residence or other relevant location. The precinct commander/duty captain will determine which of the recommendations, if any, are to be implemented, and allocate patrol personnel and resources accordingly. In addition, in appropriate cases, the precinct commanding officer should consider including the residence address of a threatened uniformed member of the service for inclusion on the Hazardous/Sensitive Location List, in accordance with A.G. 316- 35, "Hazardous/Sensitive/Hazardous Material Locations." 27. Conduct follow-up investigation/assessment of threat. a. Determine if: (1) Threatened uniformed member has been the subject of previous threats (2) Threatener has made previous threats against uniformed members of the service (3) Threatener is a member of an identified criminal gang, group or association (4) Threat emanates from enforcement activity and motivation of threat. 28. Forward follow-up recommendations regarding security measures to Commanding Officer, Public Security Section. COMMANDING OFFICER, PUBLIC SECURITY SECTION 29. Review recommended personal security measures. a. Forward, with additional recommendations if any, to Commanding Officer, Intelligence Bureau. COMMANDING OFFICER, INTELLIGENCE BUREAU 30. Review recommended personal security measures. a. Forward final recommendations for protective measures to be implemented to commanding officer of member concerned and commanding officer of member's resident precinct, if appropriate. b. Consult with borough commander/counterpart of threatened member, where appropriate. 31. Direct periodic review and re-assessment of threat and personal protective measures by Public Security Section, as necessary. BOROUGH COMMANDER/COUNTERPART 32. Monitor progress of on-going investigations. 33. Consult with Commanding Officer, Intelligence Bureau, regarding continuing personal protective measures afforded uniformed members residing or assigned within borough. 34. Develop and coordinate, when appropriate, all necessary Departmental resources and/or targeted enforcement strategies to aid the investigation and protect the threatened member. 35. Coordinate use of all appropriate resources, including but not limited to Organized Crime Control Bureau, Fugitive Enforcement Division, Street Crime Unit, borough task force and other patrol and specialized resources to attack the condition, criminal organization or enterprise from which the threat emanates, if applicable. DETECTIVE ASSIGNED, PUBLIC SECURITY SECTION 36. Assist assigned detective in all phases of investigation. 37. Continue investigation until case is closed by arrest or otherwise. NOTE: Upon conferral with the detective borough commander, a precinct detective squad commander may, in appropriate circumstances, refer an investigation of a threat to a uniformed member of the service to the Intelligence Bureau, Public Security Section. Upon such referral, the Public Security Section will assume both investigative and assessment responsibility, until final closure of the case. ADDITIONAL DATA The continued safety of the member concerned is the first priority in any case involving a threat to a uniformed member of the service. Therefore, the COMPLAINT REPORT will be filed and primary investigative jurisdiction will be vested in the New York City precinct that bears the closest connection to the target of the threat, regardless of the location from which the threat originates or is received. For example, a telephonically transmitted threat targeting the on duty enforcement activities of a uniformed member of the service will be investigated, and the COMPLAINT REPORT filed, in the targeted uniformed member's precinct of assignment, regardless of the location of origin or receipt of the threat. In threat cases arising from the targeted uniformed member's off duty conduct, jurisdiction will be placed in the New York City precinct of residence, if the uniformed member resides within the City. In cases where the threat is not related to the targeted uniformed member's on duty activities, and the targeted uniformed member does not reside within the City, jurisdiction will be placed in the New York City precinct from which the threat originates (i.e., where the telephone call was made or the letter was mailed or in which received (i.e., where the letter is delivered or where the call is received). If both the location of origination and the location of receipt are within the City, the location of origin will take priority. In cases where the threat neither originates nor is received within the City of New York, and the targeted uniformed member does not reside within the City, the Intelligence Bureau, Public Security Section, will be responsible for monitoring the investigation conducted by the police agency with jurisdiction and for coordinating the Department's assistance with the investigating agency. The assigned member of the precinct detective squad bears the primary responsibility for the continuing investigation of the threat case until closure or referral. Intelligence Bureau, Public Security Section personnel will act in a support capacity with respect to the investigatory aspects of the case, and are available to offer investigative support and expertise. In all cases, the Intelligence Bureau, Public Security Section, bears primary responsibility to evaluate the severity of the threat to the personal safety of the threatened uniformed member and to make recommendations regarding the protective measures necessary to ensure the safety of the threatened uniformed member to the greatest extent practicable. In all cases, recommendations regarding security measures are to be implemented by the commanding officer of the member concerned, and the commanding officer of the residence precinct of the member concerned, as appropriate, after conferral with the patrol borough commander/counterpart and the Commanding Officer, Intelligence Bureau, or as directed by higher authority. Whenever a person is arrested for threatening, harassing or menacing a uniformed member of the service, an elected official or any other city, state or federal employee a DESK APPEARANCE TICKET will NOT be issued. The arrest will be processed on-line. RELATED PROCEDURES Citywide Intelligence Reporting System (P.G. 212-12) Hazardous/Sensitive/Hazardous Material Locations (A.G. 316-35) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) DESK APPEARANCE TICKET (PD260-121) P.G. 212-32 Off Duty Incidents Involving Uniformed Members Of The Service Date Effective: 08-01-13 PURPOSE To facilitate the preliminary investigation of off duty incidents involving uniformed members of the service. PROCEDURE When an off duty uniformed member of the service is at an unusual police occurrence to which the uniformed member of the service is either a participant or a witness: UNIFORMED MEMBER OF THE SERVICE 1. Remain at the scene of incident when feasible and consistent with personal safety. 2. Request response of patrol supervisor, precinct of occurrence. NOTE: For purposes of this procedure an unusual police occurrence shall include family disputes and other incidents of domestic violence in which the officer is either a participant or a witness. When remaining at the scene is inappropriate, the uniformed member of the service concerned may leave the scene; however, said member must promptly notify the desk officer, precinct of occurrence, and be guided by the desk officer's instructions. If incident occurs outside of the City the uniformed member of the service concerned will promptly notify the Operations Unit. The Operations Unit will notify the appropriate patrol borough responsible for conducting investigations in the residence county, or the appropriate authority if outside residence counties. PATROL SUPERVISOR 3. Respond to scene and assess situation. 4. Notify desk officer of available details. DESK OFFICER 5. Notify precinct commander/duty captain. 6. Notify the Internal Affairs Bureau Command Center (212-741-8401) with all available details. COMMANDING OFFICER/COUNTERPART 7. Conduct investigation and take appropriate action. NOTE: Any investigation of a police incident or unusual occurrence, including domestic violence and family disputes, which involve an off duty uniformed member of the service as a participant or witness will benefit from that uniformed member's presence. ADDITIONAL DATA When the Internal Affairs Bureau, Command Center, is notified that an off duty uniformed member of the service has suffered a non-fatal bullet wound from a firearms discharge and he/she did not discharge a firearm and the injured member is not the subject of any allegation of misconduct, the Internal Affairs Bureau will notify the Personnel Bureau to enter the event entitled, "UMOS Victim of Bullet Wound" with a zero point value on the concerned member's Central Personnel Index (CPI). RELATED PROCEDURES Interrogation of Members of the Service (P.G. 206-13) Unusual Occurrences (P.G. 212-09) P.G. 212-33 Confrontation Situations Date Effective: 08/01/13 PURPOSE To safely resolve confrontations between members of the service, both on and off duty. SCOPE The type and circumstances of encounters between members of the service whether in uniform or civilian clothes, both on and off duty - are so varied they defy all-encompassing guidelines. In such encounters, the actions of the members in the first few seconds are of vital importance. It must be absolutely clear in the minds of all members of the service that in any confrontation, the burden of proving identity rests on the CONFRONTED OFFICER whether on or off duty. The CHALLENGING OFFICER, however, also has a responsibility to use sound tactics and judgment in approaching the situation. DEFINITIONS CHALLENGING OFFICER - For the purpose of this procedure, the uniformed member of the service who comes upon the scene where an unidentified person states he/she is a police officer or whose actions may indicate he/she is taking police action (i.e., on duty or off duty uniformed member of the service or an enforcement officer from an outside criminal justice agency). CONFRONTED OFFICER - The uniformed member of the service (usually civilian clothed) either on or off duty, who may be armed and taking police action and whose identity and objectives are not immediately apparent to the challenging officer. PROCEDURE When on duty personnel, whether uniformed or civilian clothed, respond to a scene and challenge an unidentified person who may be an on duty or off duty uniformed member of the service or an enforcement officer from an outside criminal justice agency: CHALLENGING OFFICER 1. Immediately take cover to the rear, not to the side, of the person being challenged, if possible. a. Utilize any cover available (e.g. car, garbage can, lamppost, mailbox, etc.). (1) Any object is a form of protection, even though its value might be only of a concealment nature. 2. Identify self in a loud clear voice and state "Police! Don't move." a. Avoid using slang terms such as "Freeze" or "Hold It." b. Avoid using directives which are contradictory and can cause confusion such as, "Don't move and raise your hands." c. Do not use stereotypes which are based on a person's race, color, ethnicity, hairstyle, clothing or physical appearance. (1) Members of the service are reminded that the Department is multicultural and stereotypes based on the above WILL NOT BE USED TO JUSTIFY YOUR ACTIONS. (2) Members of the service are reminded that racial and ethnic profiling is a violation of the Fourth Amendment to the United States Constitution, Article 1 Section 12 of the New York State Constitution, Administrative Code Section 14-151, and other applicable laws. CONFRONTED OFFICER 3. Remain motionless even if it means a fleeing suspect may escape. a. Do not turn body, especially if holding a firearm. 4. Obey all directions from the officer making the challenge. CHALLENGING OFFICER 5. Request person to give exact location of identification and to produce I.D. slowly, in a controlled manner, if person states he/she is a police officer. CONFRONTED OFFICER 6. Inform challenging officer of exact location of identification before moving. 7. Produce identification card slowly, in a controlled manner, without unnecessary movement. a. If requested to do so, remove identification card from wallet, holder, etc. and hand it to the challenging officer. CHALLENGING OFFICER 8. Examine credentials to insure: a. Validity, and b. Photo or description (if any) fits individual. 9. Remain alert until you are completely satisfied as to the person's identity. 10. Return credentials, if satisfied with identification. 11. Make ACTIVITY LOG (PD112-145) entry. 12. Request the response of the patrol supervisor, of precinct of occurrence and supervisory officer of the on duty member of the service confronted. RESPONDING SUPERVISOR 13. Have members involved report to stationhouse of precinct of occurrence. a. Direct all members involved to report to the office of the commanding officer of the Department building/facility where confrontation occurred, if applicable. COMMANDING OFFICER, PRECINCT OF OCCURRENCE/DEPARTMENT FACILITY 14. Determine duty status of members involved. 15. Confer with commanding officers of both on and off duty members involved, conduct joint investigation, and file joint report. COMMANDING OFFICER PREPARING REPORT 16. Interview members involved. 17. Interview supervisory officers and witnesses, if appropriate. 18. Telephone facts to O.E.E.O., during business hours, or the next business day, Monday through Friday, 0800 and 1800 hours. (If during non- business hours, leave message on answering machine and an O.E.E.O. representative will contact caller.) a. Obtain O.E.E.O. case number. 19. Confer with personnel officers and/or personnel assigned to Employee Relations Section, if appropriate. 20. Prepare report and include: a. O.E.E.O. case number in subject b. Details of incident c. Results of interviews with all parties involved d. Statement of how problem was resolved e. Analysis and review of confrontation f. Summary of weaknesses and corrective measures taken. 21. Forward copy of report to: a. Office of Equal Employment Opportunity, direct b. Commanding officer of each member involved. COMMANDING OFFICER - MEMBER INVOLVED 22. Inform member involved of results of investigation and counsel member on weaknesses and corrective measures taken. MEMBER OF THE SERVICE INVOLVED 23. Inform commanding officer of dissatisfaction with final determination of investigation and request that the commanding officer of the next higher command review the matter, if applicable. COMMANDING OFFICER/NEXT HIGHER COMMAND 24. Notify the Office of Equal Employment Opportunity immediately, by telephone, regarding review and: a. Give relevant O.E.E.O. case number b. Inform of any change in final decision. 25. Forward report to the Office of Equal Employment Opportunity within five business days detailing changes in final decision. ADDITIONAL DATA TACTICAL CONSIDERATIONS Members of the service are reminded to deploy proper tactics and to use sound judgment when involved in confrontation situations. Members will remain on heightened alert until the member is completely satisfied as to the person's identity through verification of credentials. Members of the service are reminded to immediately take cover to the rear, not to the side, of the person being challenged, if possible. A challenge from the rear allows more time for the challenging officer to evaluate the subject's reactions and also gives the challenging officer a tactical advantage. A challenge from the side reduces response time. Civilian clothes uniformed members of the service should make it a practice to carry their shields in a pocket opposite their shooting hands. OPERATIONAL CONSIDERATIONS Supervisors of uniformed members of the service who perform enforcement duty in civilian clothes will ensure that their subordinates are made aware of the "color of the day" at the commencement of their tours of duty. In addition, members of the service performing duty in civilian clothes will ensure that the "color of the day" is displayed in a conspicuous manner. DEPARTMENT POLICY The IDENTIFICATION CARD (PD416-091) is the primary form of identification for uniformed members of the Department and must always be carried. However, uniformed members of the service do not have to carry their shields when unarmed. FORMS AND REPORTS ACTIVITY LOG (PD 112-145) P.G. 212-34 Probationary Police Officer, Police Eligible Or Civilian Employee Involved In A Police Incident Date Effective: 08/01/13 PURPOSE To ensure that commands concerned are notified when a probationary police officer, civilian employee, or a person eligible for appointment to the Department is involved in a police incident. PROCEDURE When a probationary police officer, a civilian employee or a person eligible for appointment to the Department is involved in a police incident: MEMBER OF THE SERVICE 1. Report facts to commanding officer. COMMANDING OFFICER 2. Conduct investigation to determine if involvement in incident would affect member's performance in the Police Department. 3. Notify the Internal Affairs Bureau Command Center (212-741-8401) with all available details. 4. Have three copies of report prepared on Typed Letterhead, containing all pertinent information. 5. Forward one copy of report to: a. Commanding Officer, Medical Division, when person is on a police eligible list. b. Commanding Officer, Applicant Processing Division, if incident involves a police eligible. c. Commanding Officer, Performance Analysis Section, for probationary police officers or civilian employees. NOTE: If probationary police officer is assigned to the Police Academy: a. Forward duplicated copy of report to Commanding Officer, Police Academy b. Notify Recruit Operations Unit at (212) 477-9721 c. Notify Performance Analysis Section next business day at (646) 610-5505. 6. File remaining copy. ADDITIONAL DATA Whenever a commanding officer, or investigative unit commander is recommending a probationary police officer or civilian member for termination or decertification, or is recommending a probationary member of the service of any rank or title for an extension of probation, the commander must confer with the Commanding Officer, Performance Analysis Section prior to forwarding the recommendation. Commanding officers concerned must recognize that the conduct of probationary police officers, both on and off duty, is subject to evaluation. FORMS AND REPORTS Typed Letterhead P.G. 212-35 Incidents Involving Enforcement Personnel Of Other Agencies Date Effective: 08/01/13 PROCEDURE To investigate allegations of unnecessary use of force by uniformed members of the service against on-duty enforcement personnel of specified agencies or to investigate incidents which may result in the arrest of or the issuing of a summons to such enforcement personnel. DEFINITION ENFORCEMENT PERSONNEL OF SPECIFIED AGENCIES: a. Department of Transportation Highway Inspection/Quality Assurance inspectors or Department of Transportation Parking Control Unit agents b. Sanitation Department Enforcement agents. PROCEDURE When a uniformed member of the service is alleged to have used unnecessary force against an on-duty enforcement agent of a specified agency or becomes involved in an incident that may result in such enforcement agent being arrested or issued a summons: UNIFORMED MEMBER OF THE SERVICE 1. Immediately request the patrol supervisor to respond to the scene prior to taking any other action. PATROL SUPERVISOR 2. Respond to the scene and attempt to obtain third party witnesses to the incident. 3. Bring all parties involved, including witnesses if possible, to precinct of occurrence. 4. Inform desk officer of all facts. DESK OFFICER 5. Notify Civilian Complaint Review Board, Intake Unit at 1-800-341-2272 (twenty-four hours), if allegation of unnecessary force is made (see P.G. 207-31). 6. Notify precinct commander/duty captain and: a. The Department of Transportation Central Communications telephone number (212) 442-7070/7120, if incident involves Department of Transportation Highway Inspection/Quality Assurance inspector or Department of Transportation Parking Control Unit agent. b. The Sanitation Enforcement Headquarters Division: (718) 373-3870 (0600 x 1600 hours/7 days) (if closed, notify Sanitation Bureau Operations Office: [212] 788-4043/4045) if incident involves Sanitation Department enforcement personnel. NOTE: Detective squad member will make the above notifications if, while conducting an official investigation involving enforcement personnel of the specified agencies, a complaint of unnecessary force is alleged or it appears an arrest must be made or a summons issued to the enforcement agent. PRECINCT COMMANDER/DUTY CAPTAIN 7. Conduct investigation. 8. Confer with supervisory/managerial personnel of enforcement personnel involved. 9. Prepare three copies of report on Typed Letterhead with details of incident and results of investigation and forward to: a. Chief of Department - Direct b. Chief of Department - through channels c. File - precinct of occurrence. ADDITIONAL DATA If an agent of one of the above listed agencies wants to make an arrest claiming that he or she was assaulted or the subject of any other crime while performing their official duties, the officer will determine if probable cause exists to support the claim. Upon determination that probable cause exists, the officer will assist in the arrest and take the prisoner into custody. The enforcement agent involved will be the complainant. No arrest may be made, nor may a summons be issued, for a violation unless the offense is personally observed by the member of the service. DESK APPEARANCE TICKETS (PD260-121) and stationhouse bail will not be issued to persons charged with Assault 3rd degree (Penal Law 120.00), Attempted Assault 3rd degree (Penal Law 110/120.00), Menacing 2nd degree (Penal Law 120.14), Menacing 3rd degree (Penal Law 120.15), Harassment 1st degree (Penal Law 240.25), Aggravated Harassment (Penal Law 240.30), and Reckless Endangerment 2nd Degree (Penal Law 120.20) when committed against a city/state enforcement agent performing official duty. RELATED PROCEDURES Processing Civilian Complaints (P.G. 207-31) FORMS AND REPORTS DESK APPEARANCE TICKETS (PD260-121) Typed Letterhead P.G. 212-36 Incidents Involving Former/Retired Members Of The Service Or Off Duty/Retired Federal, State And City Law Enforcement Agents Authorized To Carry A Weapon Date Effective: 08-19-13 PURPOSE To investigate and safely resolve incidents and/or confrontations involving former/retired members of the service or off duty/retired Federal, State, and City law enforcement agents authorized to carry a weapon. SCOPE The type and circumstances of encounters involving former or off-duty law enforcement officers with on-duty officers and the general public are varied. Incidents which can lead to a confrontation or the potential for confrontation may include traffic collisions, personal domestic disputes, an occasion where a retired officer/agent observes criminal activity and takes police action or when he/she is the victim of a serious crime. PROCEDURE When a uniformed member of the service responds to or becomes aware of an incident with the potential for a confrontation involving a former/retired member of the service or off duty/retired Federal, State or City law agent authorized to carry a weapon: UNIFORMED MEMBER OF THE SERVICE 1. Ascertain identity of former/retired member of the service or the off duty/retired law enforcement agent involved. 2. Determine if individual has a weapon on his/her person. 3. Request, if armed, personal identification and pistol license, when appropriate. 4. Request to see his/her New York Police Department IDENTIFICATION CARD (PD416-091) or other official law enforcement identification. 5. Request patrol supervisor to respond to scene. NOTE: Any incident involving an off duty officer or member of another law enforcement agency should be treated in a comparable manner to other incidents or confrontations routinely encountered with other members of the public. These individuals should not receive preferential treatment based on their former or present status. Utilization of standardized procedures avoids unnecessary risks to responding officers, individuals directly involved in the controversy/confrontation and the general public at the scene. PATROL SUPERVISOR 6. Respond to scene and attempt to obtain all relevant information from witnesses, if any. 7. Approve an appropriate resolution of the matter, i.e., arrest, summons, court referral, no police actions, etc. 8. Note if condition/incident has caused any unusual consequences, i.e., large crowd, community unrest, etc. 9. Determine whether individual's licensed weapon should be taken for safekeeping, when appropriate. 10. Notify desk officer of available details, when necessary. DESK OFFICER 11. Make additional notifications as necessary. NOTE: Where appropriate, i.e., in cases of arrest, issuance of summons, etc., to an affected agent from another governmental law enforcement agency, the desk officer will notify the Operations Unit of the relevant information. The Operations Unit will act as the Department's liaison to make the notification of this incident to the applicable governmental agency concerned. RELATED PROCEDURES Confrontation Situations (P.G. 212-33) Pistol License Verification (P.G. 212-84) Removal of Firearms from Intoxicated Member of the Service (P.G. 206-12) Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits (P.G. 212-118) FORMS AND REPORT IDENTIFICATION CARD (PD416-091) P.G. 212-37 Hazardous Materials Date Effective: 08/01/13 PURPOSE To protect persons from the effects of hazardous materials. DEFINITION HAZARDOUS MATERIAL - Any chemical, biological or radiological substance which uniformed members of the service believe to be dangerous to health. ON-SCENE COORDINATOR - Highest ranking uniformed supervisor at scene; responsible for coordinating actions of police and other city agency personnel. INTER-CITY AGENCY COMMAND CENTER - A location, separate and distinct from the police temporary headquarters, where city agency activities and resources are coordinated by the ON-SCENE COORDINATOR. PROCEDURE Upon arrival at the scene of an incident involving suspected hazardous material or if legality of a hazardous material shipment is questionable. NOTE: Extreme caution should be used by all members of the service, especially first response personnel, at any suspected hazardous material situation. Consider all suspected hazardous materials dangerous and not to be handled or removed except by properly trained and equipped personnel. UNIFORMED MEMBER OF THE SERVICE 1. Notify desk officer and Communications Section of facts and request response of: a. Patrol supervisor b. Emergency Service Unit supervisor and personnel c. Highway District Motor Carrier Safety Unit. [Rev 02-01] 2. Establish minimum "frozen areas" as follows: a. Outdoors - At least 300 feet from hazardous material source or spillage b. Indoors - Evacuate room in which material is located c. Explosion or fire: (1) Outdoors - at least 1000 feet in radius from explosive and at least 300 feet in radius from fire (2) Indoors - extend frozen area to include all areas or rooms where a person might be exposed to the material; include floors above and below the material (3) Tanker Truck or Military Shipment - extend frozen area to a least 1000 feet in radius. NOTE: Distances listed are minimal and may be expanded, if conditions warrant, e.g., presence of irritants, heat emissions, vapors, etc. 3. Exclude vehicular and pedestrian traffic from frozen area. a. Restrict entry to only those persons properly trained and equipped to handle hazardous materials, except when absolutely necessary to save life or prevent serious injury. PATROL SUPERVISOR 4. Evaluate situation upon arrival at scene. a. Confer with Emergency Service Unit supervisor/member or Highway District Motor Carrier Safety Unit member on scene b. Notify N.Y.C. Department of Health if scene is contaminated with radiation NOTE: If legality of a hazardous material shipment is questionable, the Motor Carrier Safety Unit member will clarify. c. Comply with pertinent provisions of P.G. 213-02, "Emergency Incidents." 5. Establish a command post and follow pertinent provisions of P.G. 213-01, "Command Post Operations." 6. Advise Operations Unit, by telephone, of ALL available information concerning: a. Exact location of incident, including: (1) Time of occurrence (2) Source of spill or accident (3) Whether there is danger to the public b. Materials involved, including information on labels, markings, numbers on vehicles and/or containers c. Other agency personnel responding/required d. Actions initiated/indicated. 7. Request Communications Section to notify Operations Unit and to dispatch Bomb Squad. NOTE: Evacuate persons at least 1,000 feet from suspected device. 8. Maintain frozen area security until hazardous materials are removed or neutralized and declared safe. a. Notify Highway Unit supervisor to be available for escort duties, as necessary b. If vehicle involved, detain for highway safety check by Highway District. NOTE: The Department of Environmental Protection, upon notification from the Operations Unit, will respond and assist in the analysis and handling of suspected hazardous materials. EMERGENCY SERVICE UNIT SUPERVISOR/MEMBER 9. Determine extent of hazard and advise patrol supervisor. a. Confer with Bomb Squad supervisor on scene b. Survey area to determine if any radiation levels are detectable, as appropriate. 10. Seek advice from Fire Department, Department of Environmental Protection, Health Department, and/or Highway District Motor Carrier Safety Unit member, if necessary. NOTE: If the material presents no significant hazard (depending upon the nature of the material) and pending the arrival of Department of Environmental Protection personnel, the patrol supervisor will have the material safeguarded. If the material can be handled easily, Emergency Service personnel will remove the material to a secure area. 11. Advise patrol supervisor to have Department of Sanitation notified to clean up, and dispose of substances, other than liquids, which have been rendered safe. WHEN INCIDENT INVOLVES A SIGNIFICANT FIRE, EXPLOSION, CHEMICAL BURN, TOXIC AIR RELEASE OR RADIATION HAZARD TO EMERGENCY PERSONNEL OR THE GENERAL PUBLIC: ON-SCENE COORDINATOR 12. Assume control at scene of incident. 13. Establish Inter-Agency Command Center as close to incident as safety permits. 14. Ensure that adequate communications capability is available. 15. Assign a uniformed member of the service to maintain an Inter-Agency Command Center Log. 16. Notify Operations Unit, immediately and relate all available information concerning incident including: a. Nature of material involved, its manufacturer, shipper, consignee NOTE: All chemical names must be carefully spelled out. b. Identification, warnings, symbols, signs and other information as outlined in step 6, subdivision b c. Pertinent information obtained from operator of vehicle transporting material and/or from other documents. 17. Request a communications link be established between Operations Unit and the Inter-Agency Command Center and that additional personnel be dispatched to scene, if necessary. 18. Establish police lines. a. Restrict access to emergency response vehicles and emergency personnel b. Designate area for parking of emergency vehicles and equipment (1) Choose area on high ground and/or upwind of hazardous material, if possible, to avoid contamination. 19. Establish a safety perimeter (frozen area) within police lines, after consultation with appropriate agencies if not already established. a. Maintain frozen area until hazard is contained, neutralized and/or decontaminated b. Do not permit police vehicles/equipment parked or used within frozen area to be removed until examined and decontaminated, if necessary. 20. Establish detours: a. Consider potential for explosion of volatile gases/vapors which might be caused by vehicle generated sparks b. Maintain access for emergency vehicles [I.O. 1 s 11] c. Notify Traffic Management Center and request necessary personnel to respond and implement traffic control measures d. Consider implementation of Traffic Plan "C," as outlined in P.G. 213-13, "Emergency Plans 'A', 'B', 'C'. NOTE: Where off-loading of hazardous materials becomes necessary, coordinate selection of emergency response route for responding off- load vehicle with Department of Environmental Protection, [I.O. 1 s 11] Traffic Management Center and Operations Unit personnel. 21. Request Emergency Medical Service to provide medical treatment for persons affected. 22. Detain those persons not requiring emergency medical treatment who have been exposed to the hazardous material, if possible. a. Obtain names and addresses for entry in Command Post Log in the event that medical follow-up becomes necessary. 23. Coordinate actions of Fire Department, Department of Environmental Protection and Department of Sanitation to prevent hazardous materials from entering sewer system. a. Request Operations Unit to notify Department of Environmental Protection, if substance enters sewer system, so that pollution control plant serving area may be alerted. 24. Evacuate the area, if appropriate, to a distance sufficient to protect public from dangers posed by the material. a. Exclude all but properly equipped, essential personnel from the vicinity. 25. Request response of Mobile Decontamination Vehicle through Operations Unit, if necessary. NOTE: If ON - SCENE COORDINATOR is not available, Fire Department, deputy chief or above, Department of Environmental Protection - Director, Hazardous Material Unit, assistant commissioner or above, or Emergency Medical Service Director or above, may request the activation of Mobile Decontamination Vehicle through the Operations Unit. OPERATIONS UNIT MEMBER 26. Notify the following agencies: a. Fire Department (1) Request response, in all cases, whether or not there is or has been a fire at the location (2) Advise Fire Department dispatcher of nature of incident and telephone number of Inter-Agency Command Center b. Department of Health, Poison Control Center (1) Request response to scene to assist in a determination of actions to be taken (2) Provide all available information c. Department of Environmental Protection (1) Relay all available information (2) Request "Response Team" be dispatched to scene (3) Provide Inter-Agency Command Center telephone number d. Department of Sanitation (1) Advise re: nature and exact location of incident (2) Request that preparations be made to deliver sand or other containment materials, if needed (3) Provide Inter-Agency Command Center telephone number e. Relay all available information to the following: (1) Emergency Medical Service (2) U.S. Coast Guard (3) American Red Cross (4) New York State Department of Environmental Conservation. OFFICER OF EMERGENCY MANAGEMENT 27. Coordinate city agency actions to ensure that: a. Substance involved is contained and controlled b. Hazard to the public is minimized c. Evacuation, if necessary, is properly handled. 28. Evaluate extent of hazard through consultation with Department of Environmental Protection Response Team and Department of Health, Poison Control Center. 29. Proceed to Inter-Agency Command Center. a. Establish Emergency Coordinating Section, composed of management personnel from each principal agency involved. UNIFORMED MEMBER ASSIGNED TO FIELD COMMAND POST/INTER- AGENCY COMMAND CENTER 30. Record, in Command Post Log/Inter-Agency Command Center Log, all significant information and events, including arrival and departure of uniformed members of the service responding and the arrival and departure of members and equipment from other agencies. 31. Enter names and addresses of persons not requiring immediate emergency medical treatment who may have been exposed to the hazardous material in Log, in the event medical follow-up is necessary. EMERGENCY SERVICE UNIT MEMBER 32. Report name and shield number of members of the service (uniformed and civilian) at the scene where radiation levels are detected to the member maintaining the field Command Post Log for entry therein. C.O. PRECINCT OF OCCURRENCE 33. Have transcript of all Command Post Log entries prepared on Typed Letterhead and forwarded to Commanding Officer, Police Laboratory. C.O., POLICE LABORATORY 34. Forward report to Commanding Officer, Medical Division, indicating: a. Specific names and amounts of hazardous materials involved b. Radiation intensity at scene, if any c. List of police personnel who were present and length of time exposed to hazardous material (1) Enter radiation intensity to which each member was exposed. C.O. MEDICAL DIVISION 35. Have entries made in member's medical folder of the specific names and amounts of hazardous materials to which member was exposed. ADDITIONAL DATA The following city agencies will respond to the scene of hazardous materials incidents, perform the functions indicated, and coordinate activities with the On- Scene Coordinator: a. Fire Department (1) Contain and control hazardous material. b. Sanitation Department (1) Clean up and dispose of materials rendered safe, excluding liquids. (2) Provide sand and other containment material. c. Department of Environmental Protection (1) Provide technical guidance. (2) Contact private firms capable of assisting in containment, control, cleanup, and disposal of hazardous materials. (3) Assist the Fire Department with containment and abatement. d. Department of Health (1) Provide technical information on hazardous materials. (2) Assess effect and hazards to the public health. (3) Ensure radioactive and/or disease-causing material are contained, neutralized, controlled and cleaned up. e. Emergency Medical Service (1) Provide on-site medical service for treatment of affected persons. f. Mayor's Press Office (1) Provide public with information relative to the incident. The On-Scene Coordinator (OSC) upon conferral and in conjunction with the ranking fire official at the scene of a hazardous material incident shall: a. Utilize, when necessary, the expertise of the appropriate Department unit/City agency representative(s) at the scene, for technical guidance and assistance in execution of prescribed responsibilities (e.g., Emergency Service Unit, Bomb Squad, Fire Department Hazmat, Department of Environmental Protection, Department of Health). b. Identify, to the extent possible, all hazardous substances or conditions present, and address as appropriate, site analysis, use of engineering controls, maximum exposure limits, hazardous substance handling procedures, and use of any new technologies. c. Based on the hazardous substances and/or conditions present, implement appropriate emergency operations, and assure that the personal protective equipment worn is appropriate for the hazards to be encountered. This shall include positive pressure self-contained breathing apparatus which shall be worn by personnel engaged in emergency response when exposed to hazardous substances presenting an inhalation hazard or potential inhalation hazard, until it is determined through the use of air monitoring that a decreased level of respiratory protection will not result in hazardous exposures to these personnel. d. Limit the number of emergency response personnel within the safety perimeter, to those who are actively performing emergency operations. Operations in hazardous areas shall be performed using the "buddy system" in groups of two or more (each member of the group must be designated to observe the activities of at least one other member of the group). e. Designate a safety official, who is knowledgeable in the operations being implemented at the scene, with specific responsibility to identify and evaluate hazards and to provide direction with respect to the safety of operations for the emergency at hand. Inform the safety official as to his/her authority to alter, suspend, or terminate those activities judged by him/her to result in a condition immediately dangerous to life or health, and/or involve an imminent danger condition. The safety official must immediately inform the On-Scene Coordinator of any actions needed to be taken to correct these hazards at an emergency scene. Identity of the safety official shall be entered in the Command Post Log. The safety official should be selected, by the On-Scene Coordinator, from the responding agency most familiar with the particular hazard encountered, i.e., Emergency Service Unit, Bomb Squad, Fire Department Hazmat, Department of Environmental Protection, Department of Health, etc. Also, more than one safety official can be designated by the On-Scene Coordinator. At the conclusion of a hazardous material incident the On-Scene Coordinator will critique the incident with agency representatives and advise the Office of Emergency Management of the results of the critique. RELATED PROCEDURES Command Post Operations (P.G. 213-01) Unusual Occurrence Reports (P.G. 212-09) Emergency Incidents (P.G. 213-02) Suspected Explosive Devices and Post Explosion Bomb Scene (P.G. 212-40) Mayor's Plan for Coordinated Action at Emergencies (A.G. 316-06) P.G. 212-38 Hostage/Barricaded Person(s) Date Effective: 08/01/13 PURPOSE To handle hostage/barricaded persons' situations with maximum safety to all persons concerned. DEFINITIONS HOSTAGE SITUATION - A hostage situation begins the moment a suspect takes a person under his or her control and subjects that person to the risk of bodily harm for the purpose of furthering a criminal act or to facilitate escape. There are two broad categories of hostage situations: a. The classic hostage situation, in which the hostage-taker is contained within a room, building, store, or other physically segregated area; b. The mobile hostage situation, in which the hostage-taker is on the street or another location where he or she is not restricted by clear physical boundaries. OUTER PERIMETER - Area sufficiently removed from actual scene of incident to ensure the safety of all spectators, including members of the news media. The establishment of outer perimeters dictates the evacuation of all civilians and unnecessary police personnel from this area. INNER PERIMETER - Frozen area, encompassing the incident location. No one will be permitted in this area without a protective vest appropriate to the level of threat present. No one will be allowed to enter the Inner Perimeter except: a. Patrol borough commander or duty chief; b. Commanding Officer, Special Operations Division, and personnel under his/her command; c. Commanding Officer, Emergency Service Unit, and personnel under his/ her command; d. Hostage Negotiating Coordinator and personnel under his/her command; e. Technical Assistance Response Unit (TARU) supervisor and personnel under his/her command; f. Bomb Squad supervisor and one technician, when bomb is present or suspected; g. Ranking patrol duty supervisor from affected operational bureau (Patrol Services, Housing or Transit) depending on location of incident; h. Any other person(s) with the permission of the patrol borough commander or duty chief. MASS REFLEXIVE RESPONSE - Sometimes referred to as "contagious shooting," mass reflexive response is the phenomenon which occurs when a shot fired by one officer sets off a chain reaction of shooting by other personnel on the scene. It involves reacting based on one's instinct rather than on a rational assessment of the situation. FIREARMS CONTROL - Firearms control requires that no member of the service on the scene will discharge a firearm unless and until directed to do so by the supervisory officer in charge, unless discharging a firearm is absolutely necessary for self-defense or the defense of another and there is no other alternative. PROCEDURE When responding to the scene of an incident in which persons are being held hostage or barricaded persons will not voluntarily surrender, or when persons are taken hostage during the course of an ongoing police incident, pursuit, etc. UNIFORMED MEMBER OF THE SERVICE 1. Request through communications dispatcher that the patrol supervisor, Emergency Services Unit (ESU), Hostage Negotiation (H.N.T.) and the Technical Assistance Response Unit (T.A.R.U.) respond to the incident. 2. Seek cover and attempt to isolate and contain the subject and the hostage. NOTE: When there is time to negotiate, all the time necessary to ensure the safety of all individuals concerned will be used. Once a hostage or hostages are taken, all members of the service at the scene will attempt to contain the subject(s) and hostage(s) and implement hostage negotiation procedures. Note that the safety and well-being of the hostage as well as all persons present is our paramount concern. Any action which endangers the hostage will be avoided, if possible. 3. Be cognizant of the danger of "Mass Reflexive Response." a. The first officers on the scene will immediately establish and maintain firearms control. NOTE: Uniformed members of the service should be aware that, although the New York State Penal Law and Department procedures may authorize the use of deadly physical force in a given situation, they will not be subject to criticism or disciplinary action for choosing not to discharge their firearms. 4. Attempt to slow the pace of the incident and establish a dialogue with the subject while awaiting the arrival of specialized personnel. a. Any action which might agitate or provoke the subject should be avoided. 5. Refrain from any action which would unnecessarily jeopardize the safety of the hostage. 6. Establish police lines to control subject's mobility and to prevent uninvolved persons from entering the area. NOTE: Street situations, or mobile hostage situations, present added hazards. The ability to control the subject's movement, and the prevention of uninvolved persons unwittingly entering the inner perimeter, are limited by the setting in which the incident occurs. The proper deployment of personnel will aim to control access to the inner perimeter as well as to control the subject's mobility. Natural boundaries, such as fences, building lines, parked cars, and walls, should be used to contain the subject. Department vehicles, strategically placed, can be used to contain the incident or to block escape routes. PATROL SUPERVISOR 7. Assume command of the situation. 8. Ensure that all members of the service present are directed to maintain firearms control. a. As soon as circumstances permit, designate one or more uniformed members of the service who will act as the designated shooter(s) if the use of deadly physical force becomes unavoidable. b. Designate a uniformed member of the service to maintain radio contact with the Communications Section dispatcher, so that the dispatcher and responding personnel are kept apprised of the situation as it develops. NOTE: The ranking officer in charge will personally assume responsibility for firearms control. To maintain firearms control, he or she must be able to immediately assess conditions as they develop, and to give appropriate direction instantaneously. Therefore, the ranking officer in charge will assume a position within the inner perimeter, at the focal point of the situation. PATROL SUPERVISOR 9. Assess situation and ensure sufficient patrol response pending arrival of Emergency Service Unit. 10. Verify through the communications dispatcher the ESU, H.N.T. and T.A.R.U. are enroute to the incident scene and if not, request their immediate response. NOTE: Only the ranking patrol duty incident commander (i.e., patrol borough commander/duty inspector/duty captain) has the authorization to cancel the services of the H.N.T. and T.A.R.U. via the communications dispatcher. The communications dispatcher is NOT authorized to cancel the services of H.N.T. and/or T.A.R.U. without the aforementioned consent of the ranking patrol duty incident commander on the scene. 11. Request response of precinct commander/duty captain. 12. Implement hostage negotiation procedures, beginning with the establishment of inner and outer perimeters. a. The inner perimeter should contain only those personnel necessary to accomplish the mission; all others will be directed to the outer perimeter. b. Uninvolved civilians should be evacuated, if safety permits. They should be properly identified and detained for questioning to obtain pertinent information about the incident. c. Once the inner perimeter is established, only authorized personnel will be permitted to enter it. d. An outer perimeter will be established to serve as a staging area for additional police personnel and for other agencies (i.e., Fire Department, Emergency Medical Service, etc.) e. The Communications Section should advise all units responding to the incident to avoid the inner perimeter, and not to use lights and sirens as they approach the scene. 13. Confer with the Emergency Service Unit upon their arrival to evaluate location and coverage of inner and outer perimeters, as well as necessity for evacuation of area. a. Request response of Emergency Service Unit supervisor, if not present. 14. Establish field command post outside of inner perimeter and the potential line of fire. 15. Have desk officer, precinct of occurrence, and Operations Unit apprised of situation and provide telephone numbers of field command post. NOTE: The ranking patrol supervisor on the scene is in command and will coordinate police operations. If a barricaded person is contained and poses no immediate threat or danger to any person, no additional action will be taken without the authorization of the precinct commander/duty captain at the scene. PRECINCT/PSA/DISTRICT COMMANDER/DUTY CAPTAIN 16. Assume command of the incident. 17. Ascertain that firearms control has been established. 18. Confer with patrol supervisor and Emergency Service Unit Supervisor to determine if sufficient personnel are present to maintain inner and outer perimeters. 19. Ensure that field command post is established outside inner perimeter and potential line of fire. 20. Assign sufficient personnel to maintain outer perimeter. 21. Have duty inspector and patrol borough commander or duty chief notified to respond in verified hostage or barricade situation. EMERGENCY SERVICE UNIT SUPERVISOR 22. Ensure that a clearly delineated inner perimeter has been established. 23. Ensure that only properly equipped and designated personnel enter the inner perimeter. PATROL BOROUGH COMMANDER/DUTY INSPECTOR/DUTY CAPTAIN 24. Assume overall command and ascertain that the outer perimeter and inner perimeter have been established. 25. Ensure through the communications dispatcher that H.N.T. (with coordinator) and T.A.R.U. are enroute to or are already present at the incident scene and if not, then request their immediate response. 26. Ensure that detective borough commander is notified. 27. Attempt to establish contact with the person holding hostages or the barricaded person, pending arrival of hostage negotiator(s). a. Determine who may speak to hostage taker or barricaded person. HOSTAGE NEGOTIATION COORDINATOR 28. Report to ranking patrol duty incident commander present. 29. Commence hostage/barricaded persons procedures. ADDITIONAL DATA Although the primary goals in a developing hostage situation are to isolate and contain the subject, the safety of the hostage, and of all persons present, is the overriding concern. The Communications Section must be kept apprised of the situation as it develops so that information can be relayed to personnel at the scene as well as others who may be responding. It is impossible to create a set of guidelines which will cover all potential hostage situations. These basic guidelines must be tailored to the situation at hand. However, in any hostage situation, there are three constants: a. When there is time to negotiate, all the time necessary to ensure the safety of all concerned will be used b. Deadly physical force will be used only as a last resort to protect the life of persons present c. The overriding goal is the safe release of the hostage. Uniformed members of the service are reminded that, although the New York State Penal Law and Department procedures may authorize the use of deadly physical force in a given situation, they will not be subject to criticism or disciplinary action for choosing not to discharge their weapons. Hostage-takers often maintain close physical proximity to their hostage(s). For that reason, uniformed members of the service must be especially aware of the risk involved in attempting to shoot a small, moving target, and the possibility of further jeopardizing the safety of the hostage. In addition to the above, uniformed members of the service in the ranks of captain and above will be cognizant of the provisions of the Department tactical manual entitled, "Hostage Negotiations - Organizational and Tactical Guide." RELATED PROCEDURES Mentally Ill Or Emotionally Disturbed Persons (P.G. 216-05) Mental Health Removal Orders (P.G. 216-06) Citywide Incident Management System (P.G. 220 Series) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Unusual Occurrence Reports (P.G. 212-09) Evictions, Repossessions, and Other Civil Process (P.G. 214-13) Unlawful Evictions (P.G. 214-12) Bomb Threats/Unattended Articles-Suspected Explosive Devices and Post Explosion Bomb Scenes (P.G. 212-40) P.G. 212-39 Vehicle Pursuits Date Effective: 08-19-13 PURPOSE To determine the necessity of commencing a vehicle pursuit and the method to be employed in conducting such a pursuit. DEFINITION PRIMARY VEHICLE - vehicle initiating pursuit. SECONDARY VEHICLE - first additional unit assisting in pursuit. PROCEDURE Upon observing a vehicle which is to be stopped or there is a likelihood that vehicle pursuit may be imminent: UNIFORMED MEMBER OF THE SERVICE, PRIMARY VEHICLE 1. Initiate vehicle stop when feasible. 2. Determine the necessity for commencing and continuing a vehicle pursuit by considering the following: a. Nature of offense b. Time of day c. Weather condition d. Location and population density e. Capability of Department vehicle f. Familiarity with area. NOTE: Department policy requires that a vehicle pursuit be terminated whenever the risks to uniformed members of the service and the public outweigh the danger to the community if suspect is not immediately apprehended. If chase is terminated, members will attempt to obtain sufficient information to effect apprehension. 3. Notify radio dispatcher at start of pursuit and provide the following information: a. Your location b. Type of vehicle, color and direction of travel c. Nature of offense d. Registration number and state of registration e. Occupants f. Any other pertinent information. 4. Maintain contact with radio dispatcher but do not depress transmitter key unnecessarily. a. Keep radio transmissions brief and speak in normal tones. 5. Utilize vehicle's emergency signaling devices intelligently. a. Do not use the "constant" position on siren, since it tends to distort transmissions and blot out the sound of approaching vehicles. 6. Inform radio dispatcher if vehicle changes direction. a. Give last location of vehicle, speed, and direction of travel. 7. Notify radio dispatcher if pursued vehicle is lost or pursuit is terminated. PATROL SUPERVISOR, PRECINCT OF OCCURRENCE 8. DIRECT AND CONTROL THE PURSUIT AND THE APPREHENSION EFFORT. a. Monitor radio transmissions b. Keep radio dispatcher informed of location c. Limit involvement and control radio use of other units. NOTE: Units other than the primary vehicle, secondary vehicle and supervisor's unit shall stay off the air except in extreme emergencies and stay clear of the pursuit but remain alert to its progress. They will not join in or interfere with the pursuit vehicles. 9. Request other units to respond to strategic locations to apprehend the vehicle. a. Primary and secondary units will be the only units to operate in close pursuit of the pursued vehicle. b. Additional units may be requested by the officers in the primary unit or by a supervisor, if it appears that the officers in the vehicle involved would not be able to safely effect the apprehension of the suspects. Vehicles shall not caravan behind pursuing vehicles. 10. Terminate the pursuit, if necessary. 11. Coordinate a search of the vicinity where pursued vehicle last observed. RADIO DISPATCHER, COMMUNICATIONS SECTION 12. Notify Communications Section platoon commander/uniformed supervisor of pursuit. 13. Direct other units to assist and support the pursuing vehicles, as directed by the patrol supervisor. a. If the registration plate number is known, inform members concerned whether the vehicle is wanted on an alarm or not. NOTE: Whenever a vehicle pursuit results from another assignment, SPRINT code 10-88 will be utilized. Pick-up vehicle pursuits will be entered as 10-60I. PLATOON COMMANDER/UNIFORMED SUPERVISOR, COMMUNICATIONS SECTION 14. Monitor pursuit. a. Control and direct the apprehension effort, in the absence of active patrol supervisor. Terminate pursuit if warranted. UNIFORMED MEMBER OF THE SERVICE, SECONDARY VEHICLE 15. Acknowledge assignment as secondary vehicle. a. Allow at least five car lengths distance from primary pursuit vehicle. b. Do not pass primary vehicle unless requested by that unit, or if other circumstances exist such as an collision, mechanical malfunction, etc. PATROL SUPERVISOR, PRECINCT ORIGINATING PURSUIT 16. Immediately after pursuit, prepare VEHICLE PURSUIT REPORT (PD371- 153). 17. Forward report to commanding officer, precinct originating pursuit. NOTE: If pursuit is initiated by other than Patrol Services Bureau personnel, the immediate supervisor of those officers will perform the duties of the patrol supervisor. COMMANDING OFFICER PRECINCT ORIGINATING PURSUIT 18. Review and endorse patrol supervisor's report (include statement regarding disciplinary action) and have copies forwarded, as follows: a. Commanding Officer, Personnel Safety Desk (original and copy through channels) b. Borough Safety Officer c. Commanding officers of members involved in pursuit (attach SUPERVISOR'S COMPLAINT REPORT (PD468-123), if prepared). COMMANDING OFFICER OF MEMBER INVOLVED IN PURSUIT 19. Determine and take appropriate disciplinary action (command discipline, charges and specifications, etc.) and notify Borough Safety Officer. 20. Have a copy of all reports prepared placed in personal folder of members involved. PERSONNEL SAFETY DESK 21. Have a number assigned to report, upon receipt. a. Numbers will start with 0001 for the first incident reported each year. NOTE: The Personnel Safety Desk will maintain a chronological file of all reported vehicle pursuits. 22. Have a copy of report forwarded to: a. Commanding Officer, Driver Training Unit, Police Academy b. Commanding Officer, Personnel Records Section. C.O., PERSONNEL RECORDS SECTION 23. Have report placed in the personal folder of officers involved. DIRECTOR, M.I.S.D. 24. Prepare and forward a monthly report of all vehicle pursuits to the appropriate Borough Safety Officer. BOROUGH SAFETY OFFICER 25. Insure that a vehicle pursuit report has been prepared for all pursuits identified by Communications Section. 26. Review and report data regarding vehicle pursuits to patrol borough commanding officer. ADDITIONAL DATA The following tactics are prohibited and will not be used in an attempt to stop a vehicle: a. Ramming b. Placing moving Department vehicle in a position to be struck by the pursued vehicle c. Driving alongside the pursued vehicle d. Roadblocks (unless specifically directed by supervisory personnel). Unmarked Department vehicles will limit pursuits. Department vans and scooters (2 and 3 wheel) will not be used in pursuits. Two wheel motorcycles will limit pursuits and terminate pursuit when four wheel Department vehicle has joined pursuit. RELATED PROCEDURES Vehicle Collisions - General Procedure (P.G. 217-01) Leaving the Scene of a Vehicle Collision (P.G. 217-05)* (* Original Reads 217-02) FORMS AND REPORTS SUPERVISOR'S COMPLAINT REPORT (PD468-123) VEHICLE PURSUIT REPORT (PD371-153) P.G. 212-40 Bomb Threats/Unattended Articles-Suspected/Reported Explosive Devices And Post Explosion Bomb Scenes Date Effective: 08/01/13 PURPOSE To provide maximum protection to persons and property and to safeguard evidence at incidents involving a reported, suspected or confirmed unattended package or explosive device, including incendiary devices or a post explosion bomb scene. DEFINITIONS For the purpose of this procedure the following definitions will apply: BOMB THREAT - Any communication, including written correspondences or telephone calls received by the public or a member of the service, indicating that an explosive device has been, or will be, placed at a particular location(s). UNATTENDED ARTICLE - Any article (including packages, parcels, containers, luggage or other baggage,) whose contents are undetermined or not immediately discernible from the outward appearance of the item and the location and circumstances of discovery raises any concern regarding public safety. EXPLOSIVE DEVICE - Any article, detonated by mechanical or electrical means, which may possibly contain a chemical, gas, liquid or other substance capable of causing a fire, explosion, burn, or other chemical reaction intended to cause injury to a person or result in damage and/or destruction of property. PROCEDURE Upon arrival at the scene where an unattended article or suspected explosive device (including letters and packages) has been reported or an explosion has occurred: BOMB THREAT MEMBER OF THE SERVICE RECEIVING THREAT 1. Obtain all relevant information and details. 2. Immediately notify Communications Section and provide details. a. Provide caller's location and telephone number, if available. UNIFORMED MEMBER OF THE SERVICE 3. Respond to location. a. Ascertain caller's location and telephone number, if possible. 4. Request response of patrol supervisor and Emergency Service Unit. 5. Obtain details concerning the nature of the threat (e.g., time, location, type of device, etc.) a. Interview person receiving communication, if possible. PATROL SUPERVISOR 6. Review actions taken and determine if additional personnel or equipment are required. 7. Confer with premise owner/representative. NOTE: The scope of the preliminary search and/or evacuation will be determined based upon all available information including the type of premise, premise location, nature of business conducted at the location, and prior history of similar threats. 8. Conduct preliminary search of location, if appropriate. NOTE: If at anytime during the preliminary search a suspected explosive device is discovered or is believed to exist, immediately comply with the procedure for a suspected explosive device as outlined below. UNATTENDED ARTICLE UNIFORMED MEMBER OF THE SERVICE 9. Interview complainant and witnesses, if available. 10. Attempt to determine owner / custodian of article or property. a. Ascertain circumstances under which the unattended article was discovered. 11. Notify owner / custodian to retrieve property if inquiry reveals the identity of the owner / custodian and the nature of the article. NOTE: An unattended article will not be physically examined or otherwise disturbed by a member of the service other than a member assigned to the Bomb Squad. 12. Comply with the procedure for suspected explosive devices if owner/ custodian cannot be determined and/or circumstances indicate that an article may be a danger to public safety. NOTE: Members of the service must consider the totality of circumstances when determining whether an unattended article poses a possible threat to public safety. The following factors should be taken into consideration: a. Prior history or threats at location or vicinity; b. Sensitive nature of business or activity which occurs at location where article is found (e.g., government or religious institution, foreign or diplomatic office or residence); c. Physical indications (e.g., exposed wires, oil stains, odor of gasoline or other noxious substance); d. Recent political events (e.g., national or international incidents or controversy); e. High volume of pedestrian or vehicular traffic (e.g., subway stations, railroad/bus terminals, bridges, tunnels, etc.). SUSPECTED/REPORTED EXPLOSIVE DEVICES UNIFORMED MEMBER OF THE SERVICE 13. Evacuate area, as necessary. 14. Notify Communications Section, via landline, (DO NOT USE CELLULAR TELEPHONE OR PORTABLE RADIO) and request: a. Patrol supervisor to respond, b. Emergency Service Unit to respond, c. Duty captain to respond, and d. Operations Unit be notified. PATROL SUPERVISOR 15. Review actions taken and determine if additional personnel or equipment are needed. a. A Level One mobilization may be activated to have personnel respond rapidly to the scene, when necessary. NOTE: The ranking member of the Police Department at the scene is in command; however, he / she will consult with the ranking Fire Officer and other City officials, if present, to determine if further evacuation is required or if emergency action taken should be expanded or curtailed. 16. Establish Command Post. 17. Assign uniformed members of the service to prevent entry of persons into evacuated areas. 18. Assign uniformed members of the service to direct responding personnel to Command Post. a. Notify Traffic Control Division if a significant re-routing of traffic is expected. 19. Organize search of premises or area. a. Secure assistance of building security, custodial or supervisory personnel. b. Obtain floor plan of premise, if possible. c. Assign search teams to specific areas accessible to the public. d. Remain at command post to coordinate search activities and maintain control of search teams. e. Have search teams use stairways instead of elevators (if elevators must be used, use those not accessible to the public). NOTE: DO NOT USE PORTABLE RADIOS OR CELLULAR TELEPHONES WHEN SEARCHING A BUILDING FOR AN EXPLOSIVE DEVICE. 20. Discontinue search twenty minutes prior to threatened time of explosion when building is unoccupied or evacuated. a. Do not resume search for at least one hour after threatened time. SEARCH TEAM 21. Do not touch or disturb a suspected device under any circumstances. 22. Notify Command Post when a suspected device is found or search of premises is completed. NOTE: Secondary explosive devices may be involved; continue search of premises or area until completed. PATROL SUPERVISOR 23. Request Communications Section to notify Operations Unit and request Bomb Squad to respond if a suspected device is found. a. Notify Bomb Squad of incident upon arrival at scene when unattended article or suspected explosive device is located at a transit facility or other location where there is a potential for significant disruption of public transportation service. NOTE: The Emergency Service Unit supervisor shall determine the necessary preliminary steps to be taken to safeguard the device pending the arrival of the Bomb Squad personnel. Absent an Emergency Service Unit supervisor, the senior member of the Emergency Service Unit on the scene will determine the necessary preliminary steps to be taken. 24. Direct that all persons be evacuated to at least 1,000 feet from any unattended article or suspected device. a. Distance to which persons are evacuated may be either increased or decreased, depending upon circumstances and location, upon the recommendation of personnel assigned to the Emergency Service Unit or Bomb Squad. 25. Notify Communications Section and Operations Unit when search is completed without results or when device is removed. 26. Direct uniformed members of the service to return to command or post upon completion of search. POST EXPLOSION BOMB SCENE PATROL SUPERVISOR 27. Conduct immediate and expeditious search for deceased, injured or trapped persons. a. Have property of evacuated, injured persons safeguarded, if necessary. NOTE: To enhance safety and preserve the integrity of the bomb scene, the ranking officer on the scene will limit search crews to the minimum number necessary to effectively accomplish the task. Due to the possible existence of secondary explosive devices, including devices specifically designed to injure responding emergency personnel, search crew members will use extreme caution while searching for or removing injured / deceased persons. 28. Direct Emergency Service Unit members to remove injured to a safe location where medical treatment may be administered. a. Safeguard but do not move bodies of deceased persons. 29. Have Emergency Medical Service administer medical treatment at safe locations. NOTE: After necessary medical assistance has been rendered, and initial search for deceased, injured, trapped persons has been completed, all uniformed members of the service will immediately evacuate to a safe distance (at least 1,000 feet) and await the arrival of Bomb Squad members. 30. Make certain Bomb Squad has been notified to respond. 31. Locate witnesses. a. Request they remain at scene to be interviewed by precinct detectives. 32. Direct that traffic, both vehicular and pedestrian, be detoured from bomb scene, as necessary. 33. Direct preparation of COMPLAINT REPORT (PD313-152) for a bomb threat, suspected explosive device, or post explosion incident, as appropriate. ADDITIONAL DATA If letter/package is a threatening communication, the uniformed member of the service concerned will put the communication in a suitable envelope to minimize handling. The envelope will be marked, "FOR LATENT FINGERPRINT PROCESSING" and forwarded immediately to the Police Laboratory with [I.O. 63 s 13] REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) . A list of all persons who handled the letter and envelope, with shield numbers, tax registry numbers, if any, and social security numbers, if known, will be included in the list. The contents of threatening letters will not be copied. No persons will be permitted to enter the post explosion/bomb scene, nor any dangerous conditions (e.g., hanging ceiling, lights, broken windows, etc.,) be corrected, until Bomb Squad personnel have conducted a search and declared the area free of secondary explosive devices and the crime scene search has been completed (this includes Fire Department personnel unless a fire exists). Only those persons having a clear need to examine the scene and/or conduct an investigation will be allowed access to the scene subsequent to the area being declared free of secondary devices by the Bomb Squad. RELATED PROCEDURES Preliminary Investigation Of Complaints (Other Than Vice Or Narcotic Complaints) (P.G. 207-07) Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mayor's Plan For Coordinated Action At Emergencies (A.G. 316-06) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) [I.O. 63 s 13] REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) P.G. 212-41 Alarms - Department Of Education Facilities Date Effective: 09-06-13 PURPOSE To investigate alarms at Department of Education facilities. PROCEDURE Upon receipt of a radio code signal 10-11 (Alarm Condition) at a Department of Education facility: RESPONDING UNIFORM MEMBER 1. Conduct immediate investigation. IF INVESTIGATION REVEALS FORCED ENTRY: 2. Request radio dispatcher to: a. Direct patrol supervisor to respond to scene b. Notify School Safety Division Alarms Unit. PATROL SUPERVISOR 3. Respond to scene and supervise search of premises. 4. Request additional personnel, if necessary. 5. Assign uniformed member of the service to guard premises and safeguard property pending arrival of custodial or school security personnel. 6. Direct assigned member to obtain required information for preparation of COMPLAINT REPORT. IF PREMISES ARE APPARENTLY SECURE AND THERE IS NO SIGN OF FORCED ENTRY: RESPONDING UNIFORM MEMBER 7. Transmit radio code signal 10-90N (Unnecessary Alarm). 8. Make entry in ACTIVITY LOG (PD112-145). 9. Resume patrol. RADIO DISPATCHER 10. Notify School Safety Division Alarms Unit for notification to custodian, unless premises has been classified chronic alarm location. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS A custodian, when notified, will respond to the stationhouse, precinct of occurrence, where the desk officer will designate an RMP unit to accompany the custodian to the Department of Education facility to conduct an interior search of the premises. Nothing contained herein shall prevent a member of the service from taking summary or other police action, should circumstances warrant such action. FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT P.G. 212-42 Escort For Physicians Date Effective: 08/01/13 PURPOSE To prevent assaults and other criminal acts against physicians. DEFINITION PHYSICIANS - Medical Examiners or their assistants performing their official duties and other physicians, who have reason to believe that they may become the victims of crime when responding to an emergency. PROCEDURE When dispatched to a location where a physician requires an escort: UNIFORMED MEMBER OF THE SERVICE 1. Respond to the location and accompany physician to call. 2. Remain until completion of the visit. 3. Escort physician back to original location. 4. Notify radio dispatcher that escort is completed. NOTE: Special attention is to be given to doctors' and dentists' offices, residences and vehicles to prevent crimes against their person and property. P.G. 212-43 Vacate Orders For Residential Buildings Date Effective: 08/01/13 PURPOSE To prevent injuries due to hazardous building conditions and preserve the peace during the enforcement of a residential building vacate order. SCOPE A "Memorandum of Understanding" concerning the issuance and enforcement of vacate orders at residential buildings was agreed upon by the Commissioners of the Police, Fire, Buildings, and Housing Preservation and Development Departments. Vacate orders are issued to remove residents from, or prevent their return into, a building which has become a hazard. This hazard may be caused by a fire, partial building collapse, etc. Representatives from the agency issuing the vacate order will be responsible for the service of the order. When time permits, and the assistance of the Police Department is anticipated the issuing agency will contact the Chief of Department's Investigation and Review Section, twenty-four hours in advance. In addition, if a potential for violence exists, the patrol borough command will also be notified to ensure that proper planning takes place prior the issuance of the vacate order. PROCEDURE Upon being assigned to assist in the service of a residential building vacate order: UNIFORMED MEMBER OF THE SERVICE 1. Verify credentials and authority of agency representative. 2. Obtain facts concerning condition which caused vacate order to be issued. 3. Assist in evacuation of building when there is: a. Actual immediate danger that structure will collapse, or b. An existing dangerous condition constituting a threat to human life requiring that occupants vacate immediately. 4. Notify Operations Unit, if above emergency conditions exist. 5. Request patrol supervisor to respond, if: a. Persons are actually being evacuated, or b. Premises are to be sealed, or c. For any other appropriate reason. NOTE: The patrol supervisor will consult with the duty captain if: a. Reasonable doubt concerning the agency representative's authority or the validity of the vacate order exists b. A large number of residents must be relocated c. Occupants refuse to vacate premises d. Any potential for violence e. Any other sensitive or dangerous conditions exists. 6. Accompany agency representative until completion of service or execution of order, if requested. NOTE: Personnel from the agency issuing the vacate order will be responsible for service of the vacate order and for attempting to persuade occupants who fail to comply with the vacate order that they should leave the premises. The agency issuing the vacate order will be responsible for obtaining access to the building(s) or portions of the building(s) to which entry is not available. If, however, the senior representative of the agency issuing the vacate order believes that the safety of agency personnel or the public is at risk, he/she may request the assistance of a police supervisor/commander for entry to be made by police personnel. Additionally, the police supervisor/commander may direct that entry be made by police personnel if it is determined that the safety of the public or agency personnel is at risk. 7. Ascertain from agency representative any provisions made to safeguard vacated premises and property of persons evacuated. a. Relocations are the responsibility of the issuing agency. NOTE: Whenever an agency issuing a vacate order determines that vacated premises must be secured against re-entry, the agency concerned will notify and make arrangements with the Department of Housing Preservation and Development (DHPD) which is responsible for sealing and/or demolishing vacated premises. The Department of Housing Preservation and Development is responsible for sealing the building, or providing sufficient security to prevent it from being reoccupied, within seventy-two hours of the enforcement of the vacate order. Uniformed members of the service will take appropriate interim measures to secure the premises against re-entry. In the event that the Department of Housing Preservation and Development does not commence work in a timely manner, notify the Investigation and Review Section (212-374-5175), Monday through Friday, 0800 to 1600 hours, or the Operations Unit at other times. The Investigation and Review Section will contact the Department of Housing Preservation and Development to ascertain when the work will commence. 8. Make ACTIVITY LOG (PD122-145) entry including: a. Facts concerning premises security provisions b. Identify of representative of agency issuing vacate order c. Identify of representative of any other city agencies present. 9. Report facts to desk officer upon completion of assignment. DESK OFFICER 10. Report facts to commanding officer, if condition may require special patrol coverage. ADDITIONAL DATA Vacate orders may be issued by the Department of Buildings, Department of Health, the Fire Department and Department of Housing Preservation and Development. The agency issuing the vacate order will serve any necessary summonses. Any necessary arrests will be made by the assigned officer and the agency representative will appear as the complainant. Agencies issuing vacate orders and anticipating the need for police assistance should contact the Chief of Department's Investigation and Review Section (374-5175), twenty-four hours in advance of the initial execution time. The Investigation and Review Section will notify the patrol borough concerned which will notify the appropriate precinct of the particulars of the vacate order. In cases where the issuing agency is aware of a potential for violence at these locations, a responsible representative of the issuing agency will notify and confer with the patrol borough commander concerned or his/her designee prior to enforcement activity to assure proper planning. Under exigent circumstances, i.e., building collapse or other condition constituting a threat to human life, uniformed members of the service may assist with non-residential vacate orders. Each borough command and the Chief of Department, Investigation and Review Section, will obtain and have available a copy of the "Memorandum of Understanding." RELATED PROCEDURES Construction Sites (P.G. 214-16) Vacate Buildings (P.G. 214-17) Stop Work Orders (P.G. 214-18) FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 212-44 Response To Firearms Dealer Locations Date Effective: 08/01/13 PURPOSE To establish a proper response to firearms dealer locations after notification via NICS and the New York State Police that a person wanted on a warrant is attempting to purchase a weapon. SCOPE Federal law requires that federally licensed firearm dealers in New York City conduct an "instant background check" on any person wishing to purchase a firearm (handgun, rifle, shotgun). To do this the dealer will telephone the Federal Bureau of Investigation's National Instant Criminal Background Check System (NICS), with the person's pedigree information. Within a short time NICS will advise the dealer whether or not a firearms sale can be completed. In situations where NICS confirms that there is an outstanding arrest warrant for a person attempting to purchase a firearm, they will notify the New York State Police, who in turn will contact the N.Y.P.D.'s Operations Unit. Operations Unit will then notify both the patrol borough concerned and the Communications Section. Communications Section will advise the patrol supervisor to contact Operations Unit for an appraisal of situation i.e., the location and number of perpetrators. Based on all available information, the patrol supervisor will evaluate the situation and determine if additional resources are required, and if the duty captain should be notified. PROCEDURE When a notification is received via the National Instant Criminal Background Check System (NICS) and the New York State Police, that a person attempting to purchase a firearm from a gun dealer is wanted on a warrant: OPERATIONS UNIT MEMBER 1. Notify Communications Section and patrol borough concerned. COMMUNICATIONS DISPATCHER 2. Notify patrol supervisor, precinct concerned, to contact Operations Unit at (212) 374-5580. NOTE: If the patrol supervisor is not available, another supervisor will be directed to respond. PATROL SUPERVISOR 3. Confer with Operations Unit member regarding situation at gun dealer's location. 4. Evaluate the situation. 5. Determine if additional resources are required. 6. Notify and confer with duty captain, if necessary. 7. Devise an appropriate tactical plan, giving priority to the safety of the public and responding members of the service. NOTE: Depending upon the information available, including the seriousness of the offense for which the person in question is wanted, the patrol supervisor will assign sufficient units to respond. In addition, strong consideration will be given to notifying the patrol borough warrant team, Emergency Service Units, etc. 8. Respond to gun dealer's location and direct that the wanted person be taken into custody, if still present. NOTE: If the wanted person is not present at the store, the case will be referred to the precinct detective squad. 9. Have subject removed to stationhouse for either further investigation or arrest processing. NOTE: A NICS "hit" on a name check is not considered conclusive and is not sufficient authority to arrest. Further inquiries must be made through the Warrant Section, twenty-four hours a day, seven days a week at (212) 217-8484. In addition, New York City Pistol Permit holders are issued a PISTOL PURCHASE AUTHORIZATION (PD643-053) only after a name check is conducted. When appropriate, the License Division should be conferred with at (212) 374-5522 or 5560. DESK OFFICER 10. Supervise arrest processing and ensure that the Warrant Section is notified by the uniformed member of the service concerned to confirm the status of the warrant. UNIFORMED MEMBER OF THE SERVICE 11. Record name of person notified at Warrant Section in the Telephone Record and other pertinent Department forms, i.e., ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). ADDITIONAL DATA If assistance regarding NICS or instant checks is needed, the uniformed member of the service (UMOS) can call toll free the NICS customer service number at (877) 444-NICS from 0900 to 0200 hours daily. When further information, beyond that which is available through the toll free number is needed, the UMOS can call NICS at (304) 625-7363 or (304) 625- 7361, during business hours listed above, Monday through Friday. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 212-45 Foreign National Requesting Asylum Date Effective: 10-16-13 PURPOSE To protect persons seeking asylum and notify proper agencies. PROCEDURE Upon coming in contact with a foreign national seeking asylum in this country: UNIFORMED MEMBER OF THE SERVICE 1. Notify desk officer. 2. Provide necessary protection. 3. Accompany person to command. DESK OFFICER 4. Make immediate notification to Commanding Officer, Intelligence Bureau. 5. Interview person seeking asylum and obtain the following: a. Name b. Nationality c. Date and place of birth d. Occupation e. Description of documents possessed f. What foreign authorities, if any, are aware of his seeking asylum g. Circumstances surrounding request for asylum h. Where asylum was requested, e.g., aboard vessel, aircraft. time of arrival of next intended port or airport. Estimated i. Reason for requesting asylum j. Description of criminal charges known or alleged to be pending against asylum seekers. 6. Telephone information to Commanding Officer, Intelligence Bureau. 7. Afford the person proper protection until determination is made of his status. P.G. 212-46 Unlawful Possession Of Rifles/Shotguns Date Effective: 08/01/13 PURPOSE To record and process violations concerning unlawful possession of a rifle or shotgun. SCOPE The following individuals are exempt from appropriate sections of the Administrative Code: a. Persons in military service of the State of New York duly authorized by the Chief of Staff to the Governor. b. Peace officers as defined in Section 1.20, subdivision 33, Criminal Procedure Law c. Participants in special events when authorized by the Police Commissioner d. Others as described in Administrative Code, Section 10-305. PROCEDURE When a uniformed member of the service observes a person in custody or possession of a rifle or shotgun, loaded or unloaded, covered or uncovered in public: UNIFORMED MEMBER OF THE SERVICE 1. Determine if person possesses a valid permit and certificate of registration, or is exempt. 2. Inform person not possessing permit and certificate of registration, or who is not exempt that: a. He may accompany officer to precinct and surrender firearm, or b. He may surrender firearm at the scene for which a receipt will be given. 3. Conduct a name check; serve summons if eligible, returnable to the appropriate borough Criminal Court for the following violations of the Administrative Code: a. No permit and certificate of registration - Section 10-303 b. Carried, not enclosed in a non-transparent cover, or is loaded - Section 10-131, subdivision (h)(2). 4. Make summary arrest if violator is not eligible for summons or if person refuses to surrender weapon. 5. Notify License Division, [I.O. 6 s 13] Rifle and Shotgun Section of action taken. 6. Prepare PROPERTY CLERK INVOICE (PD521-141) and invoice weapons as evidence. a. Forward copy of INVOICE to [I.O. 6 s 13] Rifle and Shotgun Section. NOTE: A resident of New York City who purchases a rifle or shotgun outside New York City must make application for a permit within seventy two hours after bringing the weapon into the City. A rifle or shotgun that is surrendered to, or confiscated by a uniformed member of the service within this time period will be invoiced for safekeeping and a summons will not be served. DESK OFFICER 7. Issue owner receipt for weapon on Prisoner/Finder Copy (pink) of INVOICE. 8. Forward weapon to Firearms Analysis Unit only if member concerned believes that weapon might have been used in the commission of a crime or permit holder has been accused or convicted of a serious crime. 9. Inform owner to apply for permit in person at [I.O. 6 s 13] Rifle and Shotgun Section, 120-55 Queens Boulevard, Kew Gardens, New York. ADDITIONAL DATA Weapon held for safekeeping will be returned to owner at the borough Property Clerk's office upon presentation of a valid permit, registration and signed release from [I.O. 6 s 13] Rifle and Shotgun Section. If an owner, after surrendering a rifle/shotgun, does not wish to obtain a permit, such owner may sell the rifle/shotgun to a permit holder or any person, not required by law to possess a permit. Upon presentation of a bona fide bill of sale and a written representation by the owner that the weapon has been sold or otherwise disposed of, the [I.O. 6 s 13] Rifle and Shotgun Section will issue a release to the new lawful owner. RELATED PROCEDURES Voluntary Surrender of weapons with Written Notice (P.G. 207-26) Voluntary Surrender of Weapons Without Prior Notice (P.G. 207-27) Rifle/Shotgun Permit - Suspended, Revoked, Disapproved (P.G. 212-85) Processing Firearms (P.G. 218-23) [REVOKED by I.O. 6, series 2013] Processing Requests for Rifle/Shotgun Permits at Precinct Stationhouse (A.G. 321-24) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) P.G. 212-47 Counterfeit Money Date Effective: 08/01/13 PURPOSE To confiscate counterfeit money. PROCEDURE When counterfeit money is detected and it is determined that the passer is an innocent victim or there is no indication who passed it: INVESTIGATING OFFICER 1. Have person last in possession write his name and date across face of bill or scratch initials on a coin. 2. Sign rank, name, shield number and date on bill or scratch initials on coin. DESK OFFICER 3. Prepare four copies of report on Typed Letterhead addressed to Chief of Patrol describing in detail how money came into possession of member of the service, including amount and serial numbers. 4. Assign messenger to deliver reports and money to patrol borough office. 5. Have messenger sign itemized receipt in Property Receipt Book. 6. Direct messenger to obtain one receipted copy of report from patrol borough office. 7. Attach receipted copy of report received from messenger, to entry in Property Receipt Book. PATROL BOROUGH MEMBER 8. Direct borough messenger to deliver counterfeit money with remaining copies of report to Patrol Services Bureau. PATROL SERVICES BUREAU MEMBER 9. Give borough messenger receipted copy of Letterhead for file in borough office. 10. Deliver money and two remaining copies of letterhead to the Special Agent-In-Charge, United States Secret Service. 11. Obtain one copy of report, receipted by Special Agent, for file in the Patrol Services Bureau. RELATED PROCEDURES Counterfeiting Or Forgery Of U.S. Government Obligations (P.G. 208-47) REPORTS AND FORMS Typed Letterhead P.G. 212-48 Motor Vehicles Repossessed/Parking Violations Scofflaw Removal Program Date Effective: 08/01/13 PURPOSE To record information concerning repossessed vehicles/vehicles seized under the Parking Violations Scofflaw Removal Program. PROCEDURE When a person/city marshal appears at a stationhouse and reports a repossessed vehicle/vehicle seized under Scofflaw Removal Program: IF VEHICLE REPOSSESSED DESK OFFICER 1. Request identification. 2. Examine papers authorizing seizure of vehicle. a. Conduct a check of the VIN through the Department of Motor Vehicles utilizing the FINEST system. 3. Make Command Log entry and notify Stolen Property Inquiry Section, utilizing the FINEST System, of the following: a. Time and date of repossession b. Location from which obtained c. Name, address and telephone number of firm, corporation, etc. repossessing vehicle d. Name, business address of person executing the repossession e. Year and make of vehicle f. Registration plate number, state and year g. Vehicle identification number, if known h. Name and address - registered owner i. Name of member of the service notified at Stolen Property Inquiry Section. NOTE: When the FINEST SYSTEM is inoperative, notification to Stolen Property Inquiry Section (S.P.I.S.) will be made by telephone (212) 374-5100. MEMBER CONCERNED, S.P.I.S 4. Enter information into the NYSPIN/NCIC computer system. a. The information will be retained in the computer for thirty days. IF VEHICLE SEIZED - SCOFFLAW REMOVAL PROGRAM DESK OFFICER 5. Verify credentials of city marshal upon arrival. a. Conduct a check of the VIN through the Department of Motor Vehicles utilizing the FINEST system. NOTE: The city marshal must report as soon as possible to the stationhouse of the precinct where the vehicle was picked up and provide the desk officer with a Parking Violations preprinted two part snap-out containing pertinent information regarding the seizure. 6. Examine papers authorizing seizure of the vehicle. 7. Sign and return one copy of the form to the city marshal. 8. Make Command Log entry and notify Stolen Property Inquiry Section utilizing FINEST inquiry format "RVIE" (Request for Vehicle Impound Entry) of the following: a. Time and date of impound b. Location from where obtained c. City marshal's name and shield number d. Year and make of vehicle e. Registration plate number f. Vehicle identification number g. Name and address of registered owner. 9. File remaining copy of Parking Violations form in Property Receipt Book and enter relevant information. a. Make cross-reference in Command Log to Property Receipt Book. Discrepancies will immediately be reported to the Stolen Property Inquiry Section supervisor, by telephone number (212) 374-5082/5100. ADDITIONAL DATA Tow trucks used in the Scofflaw Removal Program are sub-contracted by the participating city marshals, require licensing by the Department of Consumer Affairs and are subject to the rules and regulations of that agency. Information concerning abandoned vehicles, which have not been reported stolen but are the subject of an investigation, is transmitted to the Stolen Property Inquiry Section for entry into the NYSPIN/NCIC computer system in the same manner as for repossessed vehicles. Section 424, Vehicle and Traffic Law requires agencies who are members of the New York Statewide Police Information Network (NYSPIN) to report the impounding of motor vehicles, trailers or parts thereof to the Network. This is intended to prevent false or erroneous reports of motor vehicle theft by owners who are unaware that their vehicles have been impounded. Reports to NYSPIN shall include if possible: a. Vehicle Identification Number (VIN) b. Date of impoundment c. License plate number d. Location where the vehicle was obtained e. Name, address and telephone number of the facility where the vehicle is being stored. The term "impound" is defined to mean the taking into possession by an agency of any motor vehicle which has been abandoned, repossessed, seized pending forfeiture proceedings, taken into custody or held as evidence in the course of a police investigation, required to be impounded by law, or held by any agency under circumstances in which the owner might not reasonably know the status of the vehicle. P.G. 212-49 Incidents Involving Media Representatives Date Effective: 08/01/13 PURPOSE To cooperate with media representatives by not interfering or allowing others to interfere with media personnel acting in their news gathering capacity. NOTE: A member of the press with proper credentials may not be excluded from an area where the general public has access. PROCEDURE Whenever a member of the service (uniformed or civilian) becomes involved in an incident or confrontation with media personnel or media personnel are assaulted, harassed or their vehicles/equipment are vandalized/damaged at the scene of news events: UNIFORMED MEMBER OF THE SERVICE 1. Determine if any threat to safety of media representatives exists and take appropriate action. 2. Request response of a supervisory officer. SUPERVISORY MEMBER 3. Cooperate with and assist media representatives and provide safe access to the scene, if possible. 4. Conduct immediate investigation if member of the media is assaulted, harassed or their vehicle/equipment is vandalized/damaged. 5. Attempt to obtain third party witnesses if confrontation with members of the service or others. 6. Request all parties, including witnesses, if possible, to report to precinct of occurrence for further investigation, when necessary. 7. Notify the Office of the Deputy Commissioner, Public Information at (212) 374-6700, without delay. NOTE: The Office of the Deputy Commissioner, Public Information, is available 24 hours a day, 7 days a week for consultation and/or response to incidents involving the media. Members of the service are required to immediately notify the Deputy Commissioner, Public Information, at (212) 374-6700 of any incident involving the media, regardless of the outcome of that incident. DESK OFFICER 8. Notify: a. Commanding officer/duty captain b. Lieutenant platoon commander c. Operations Unit. LIEUTENANT PLATOON COMMANDER 9. Respond to command, if in the field, and under the supervision of the commanding officer/duty captain, conduct investigation of incident. NOTE: The commanding officer/duty captain will perform the duties of the lieutenant platoon commander, if the platoon commander is unavailable. 10. Prepare report on Typed Letterhead containing details of incident and results of investigation and forward to: a. Chief of Patrol/bureau chief concerned b. Borough commander concerned c. Commanding Officer, Public Information Division d. Command file. NOTE: The Office of Deputy Commissioner - Public Information will maintain a central repository of all reports received of incidents involving news media representatives. 11. Forward supplementary report, if necessary. COMMANDING OFFICER/DUTY CAPTAIN 12. Respond to command and supervise the investigation and preparation of the report by the lieutenant platoon commander. ADDITIONAL DATA Members of the service will not interfere with the video taping or the photographing of incidents in public places. Intentional interference such as blocking or obstructing cameras or harassing the photographer constitutes censorship. Working Press Cards clearly state the bearer "is entitled to cross police and fire lines." This right will be honored and access will not be denied. However, this does not include access to interior crime scenes or areas frozen for security reasons. In order to cooperate more fully with members of the news media and provide them with access to cover newsworthy events, the following guidelines will be adhered to unless safety interests or proper performance of police duties require otherwise: a. To the extent it is feasible to do so, the media's access to demonstrations on private property will not be impeded by the Department. b. The media will be given access as close to the activity as possible, with a clear line of sight and within hearing range of the incident. c. When incidents spill over or occur on private property, members of the media will not be arrested for criminal trespass, unless an owner or representative expressly indicates that the press is not to be permitted to enter or remain on the property. d. If the ranking officer at the incident determines that press access must be restricted in certain circumstances (i.e., in order for the Department to carry out its law enforcement functions), he retains the discretion to do so. RELATED PROCEDURES Information Concerning Official Business of Department (P.G. 212-76) Release of Information to News Media (P.G. 212-77) FORMS AND REPORTS Typed Letterhead P.G. 212-50 Aircraft Violations Date Effective: 08/01/13 PURPOSE To enforce laws regulating the operation of aircraft over the city. PROCEDURE Upon receiving a complaint of or observing an aircraft being operated in a careless or reckless manner (e.g., performing acrobatics), advertising by towing a banner, dropping circulars, using loud speakers, landing or taking-off, except in an emergency, any place within the city other than places designated by the Department of Transportation or Port Authority of New York, or violating any other law over the city: UNIFORMED MEMBER OF THE SERVICE 1. Notify the Communications Section and request Aviation Unit response, if necessary. 2. Record the following information: a. Description of aircraft, as detailed as possible, including registration number, type (airplane, helicopter, gyroplane), color, paint scheme, number of engines/propellers, wings (mounted high or low, biplane, etc.) b. Description of the action of the aircraft in flight, include estimate of altitude (height of known structure, if possible) c. Approximate location where flight action occurred d. Time and date when action occurred e. Names and addresses of witnesses f. Name and location of base from which the aircraft took off from, or landed, if known. 3. Serve summons, if possible. 4. Telephone information to the desk officer promptly. DESK OFFICER 5. Assign a uniformed member of the service to advise complainant that a citizen may lodge a complaint with the local Federal Aviation Administration, Flight Standards District Office, if member of the service does not observe the violation. 6. Notify Aviation Unit. 7. Notify commanding officer/duty captain/operations coordinator. 8. Telephone information to Special Operations Division. AVIATION UNIT 9. Follow aircraft after observing a violation to any airport in the metropolitan area to identify the aircraft and violator, if possible. a. Serve summons, if warranted. UNIFORMED MEMBER OF THE SERVICE 10. Inform the complainant that they may lodge a complaint with the local Federal Aviation Administration, Flight Standards District Office. 11. Make ACTIVITY LOG (PD112-145) entry, including name, address, and telephone number of any witnesses. DESK OFFICER 12. Prepare three copies of report of the circumstances on Typed Letterhead. a. Send copy to Aviation Unit b. Send copy to Special Operations Division c. File copy in binder at desk. COMMANDING OFFICER 13. Investigate report of the violation. 14. Determine the identity of the aircraft and pilot. 15. Determine if violation of Federal Aviation Regulations, Administrative Code or other law has been committed and have summons prepared, if warranted. a. Prepare report, if violation has occurred, on OFFICIAL LETTERHEAD (PD158-151) describing the details of the violation and the identity of the offender to the Federal Aviation Administration, Flight Standards District Office, Garden City, N.Y. (through channels) for all aircraft violations in New York City, except helicopters. (1) Send report to Flight Standards District Office, Farmingdale, N.Y., (through channels) for all helicopter related violations. 16. Investigate and maintain complete statistics and records of all forced landings within the city. ADDITIONAL DATA The Administrative Code, Section 10-127, makes it unlawful for the operator or owner of an aircraft to fail to report to the police department within ten hours a forced landing of aircraft within city limits or an accident to an aircraft where personal injury, property damage or serious damage to the aircraft is involved. Uniformed members of the service on the scene will direct the pilot or owner to report to the desk officer, precinct of occurrence. Failure to comply with this section is a misdemeanor. When an airport, heliport or seaplane base is operating without a permit issued by the New York City of the permit, the precinct Development Corporation and Chief of Department and one Economic Development Corporation or in violation commander will make a notification to the Economic prepare and forward two copies of a report to the copy to the Commanding Officer, Aviation Unit. FORMS AND REPORTS ACTIVITY LOG (PD112-145) OFFICIAL LETTERHEAD (PD158-151) Typed Letterhead P.G. 212-51 Response To Work Disruptions At City Construction Sites Date Effective: 08/01/13 PURPOSE To investigate and record complaints, effect arrests, when necessary, and provide complainants in cases involving illegal work disruptions at City construction sites. SCOPE In an effort to more effectively respond to and prevent illegal activity and demonstrations which result in work disruptions at City construction sites, this Department and the Mayor's Office of Construction have developed a protocol to be followed by members of the service and City agencies concerned. The protocol requires: a. Posting of "No Trespassing" signs at construction sites. b. Designation of an authorized agent to act as a liaison with personnel of this Department. c. Availability of agency representatives to act as complainants in criminal cases. DEFINITIONS CONSTRUCTION SITE WORK DISRUPTION - Illegal activity by an individual or individuals at or in the vicinity of a City construction site which is either solely or in addition to other purposes intended to prevent, delay or encumber construction work activity. AUTHORIZED AGENT - Individuals designated to act as a liaison with Police Department personnel. In addition to other duties, the authorized agent will: a. Assist Police Department personnel in entering the site and identifying trespassers. b. Provide eyewitnesses, if possible, to unlawful conduct in the event such conduct is alleged, but not witnessed by members of the service concerned. The identity of the authorized agent should be provided to the appropriate precinct commander by the City agency concerned. CITY CONSTRUCTION SITE - Property owned or leased by the City of New York or agency of the City of New York upon which a physical structure (e.g., building, housing, school, park, tunnel, road, etc.) is being constructed, renovated or demolished. PROCEDURE Upon receiving a report of a work disruption at a City construction site: UNIFORMED MEMBER OF THE SERVICE 1. Respond to location, verify disruption and ascertain extent. 2. Confer with authorized agent at construction site to determine if criminal activity has occurred. 3. Request response of patrol supervisor, if work site disruption is verified. 4. Make summary arrest if investigation reveals the commission of a criminal offense. a. Effect arrest for felonious assault, based on information or observation, regardless of the willingness of the victim to act as the complainant. (1) Identity of informant, if any, will be noted. b. Effect arrest for criminal trespass and/or criminal mischief to City owned property based on information or observation. (1) The City agency responsible or the Mayor's Office of Construction will act as the complainant. (a) Identity of informant, if any, will be noted. c. Effect arrest for criminal mischief involving property owned by any party other than the City of New York or City agency only when the party concerned requests an arrest be made and will provide a complainant. (1) Identity of the supervisory personnel representing the party involved and informant, if any, will be noted. NOTE: It is not necessary to personally communicate a notice against trespass to an individual(s) if "No Trespassing, Authorized Personnel Only" signs are posted and clearly visible from outside an enclosed construction site. 5. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) in all verified incidents and deliver to desk officer. a. Enter "Construction Site Disruption" in box captioned "OFFENSE." PATROL SUPERVISOR 6. Respond to location. 7. Request additional personnel and equipment, if necessary. 8. Notify desk officer. DESK OFFICER 9. Notify precinct commander/duty captain, patrol borough command, and Operations Unit. COMMANDING OFFICER/COUNTERPART 10. Respond to location and confer with supervisory personnel of the construction site. 11. Evaluate situation and direct the response of personnel and equipment accordingly. ADDITIONAL DATA A representative of the City agency concerned will act as the complainant in criminal cases involving City property. The agency representative will not necessarily be the same individual identified as the "authorized agent" at the construction site. While the authorized agent should be prepared to provide information, identification, and/or eyewitnesses to the criminal action, the authorized agent is not required to act as the complainant. RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Unusual Occurrence Reports (P.G. 212-09) Labor Dispute (P.G. 212-52) FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 212-52 Labor Dispute Date Effective: 08/01/13 PURPOSE To preserve the peace and protect life and property at the scene of a strike or labor dispute. DEFINITIONS PENAL LAW SECTION 240.25, HARASSMENT IN THE FIRST (1ST) DEGREE - prohibits "stalking" - intentionally and repeatedly harassing another person by following him/her in a public place or by engaging in a course of conduct which places the person in reasonable fear of physical injury. However, this Penal Law section does not apply to conduct which constitutes picketing or other labor-related activity governed by federal labor statutes. PENAL LAW SECTION 240.26, HARASSMENT IN THE SECOND (2ND) DEGREE - prohibits harassing a person by following him/her in a public place or engaging in a course of conduct which alarms or seriously annoys someone and has no legitimate purpose. These provisions do not apply to conduct which constitutes picketing or other labor-related activity governed by federal labor statutes. However, the law leaves intact the prohibition against striking, shoving, kicking, or otherwise subjecting another person to physical contact, or attempting to do such acts -- no one, whether picketing or not, is permitted to engage in this behavior, which remains enforceable as Harassment in the second (2nd) degree. PROCEDURE Upon arriving at the scene of a strike or labor dispute: UNIFORMED MEMBER OF THE SERVICE 1. Take action to preserve the peace and prevent destruction of property. 2. Request response of patrol supervisor. 3. Notify desk officer. PATROL SUPERVISOR 4. Respond to location. 5. Interview, separately, a management representative and union representative. a. Obtain information for a STRIKE REPORT (PD332-151). 6. Advise management and union representatives that: a. Force or violence will not be tolerated b. The law will be enforced impartially c. Right of the public to use streets and sidewalks will be protected d. Striking employees may conduct orderly picketing in accordance with conditions at the location e. The precinct commander will designate the number of pickets permitted f. Professional agitators and the use of language offensive to public decency will not be permitted g. The carrying of sticks or poles that are affixed to signs, or other objects, which may be injurious to the public, by any individual or group, will not be permitted. 7. Telephone the desk officer for immediate assignment of personnel, if required. 8. Deliver the STRIKE REPORT to the desk officer. DESK OFFICER 9. Confer with precinct commanding officer/duty captain concerning personnel assignments. PRECINCT COMMANDING OFFICER/DUTY CAPTAIN 10. Determine personnel requirements. a. Obtain the following information, if the dispute involves a large plant and a considerable number of employees: (1) Location and size of plant (2) Location of entrances, exits, loading platforms, etc. (3) Employees arrival and departure times (4) Entrances and exits used by employees (5) Time of employee's meal periods and location of premises where meals taken (6) Transit facilities, parking lots and routes used by employees (7) Times merchandise is shipped or received (8) Other locations that may be affected by dispute (9) Special hazards or conditions affecting police duty. PATROL SUPERVISOR 11. Set up command post, if conditions require. NOTE: Facilities of management or labor are not to be used as a command post or meal location. DESK OFFICER 12. Make assignments as directed by precinct commander/duty captain from precinct personnel, if available, or request additional personnel from patrol borough command. 13. Notify Operations Unit. 14. Have STRIKE REPORT prepared. 15. Sign STRIKE REPORT above caption "Reviewed By." a. Forward as indicated on form. ADDITIONAL DATA When individuals are engaged in labor related activity such as picketing, distributing leaflets or otherwise demonstrating in a labor relations context, they are exempt from arrest for the categories of harassment discussed above. Instead, the victim may be referred to court for an injunction, or to the National Labor Relations Board. The only permissible arrest for harassment in this situation is now where the individual strikes, shoves, kicks, or otherwise subjects the victim to physical contact, or attempts or threatens to do the same. It should also be remembered that no other Penal Law section has been amended in this way, so that a person who violates other provisions such as disorderly conduct, menacing, criminal mischief, etc., will still be subject to arrest even if the violation occurred in a labor demonstration. RELATED PROCEDURES Unusual Occurrence Reports (P.G. 212-09) Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) FORMS AND REPORTS STRIKE REPORT (PD332-151) P.G. 212-53 Command Responsibilities When A Person Dies Or Sustains A Serious Injury In Connection With Police Activity Date Effective: 09-27-13 PURPOSE To establish command responsibility and notification requirements when a person dies, is seriously injured in connection with a police activity, or sustains an injury resulting from a police firearms discharge. DEFINITIONS POLICE ACTIVITY - includes, but is not limited to: a. Any death while in police custody. b. Prior to police custody a prisoner/EDP is seriously injured. The serious injury could be the result of community intervention or self-inflicted, etc. c. Police use of force resulting in serious injury. d. Death or serious injury to a person fleeing from a police foot or vehicle pursuit. e. Serious physical injury of a person resulting from police restraint, (e.g., EDP). f. Any injury to a person resulting from a police firearms discharge PROCEDURE When a person dies, is seriously injured in connection with a police activity, or sustains an injury resulting from a police firearms discharge: UNIFORMED MEMBER OF THE SERVICE 1. Immediately request the response of the patrol supervisor, and a. Safeguard possible crime scene. b. Provide and/or secure appropriate medical attention for the injured person. PATROL SUPERVISOR 2. Respond to scene, assess the situation. 3. Notify the desk officer. 4. Establish crime scene, if necessary. DESK OFFICER 5. Make the following notifications: a. Borough command b. Operations Unit c. Commanding officer/duty captain d. Internal Affairs Bureau, Command Center e. Detective squad and borough commands. OPERATIONS UNIT 6. Notify duty chief. PATROL BOROUGH COMMAND 7. Notify duty inspector. 8. Notify shooting team leader when: a. Injury occurs as a result of a police shooting. b. Requested by duty inspector regarding a death in custody or serious injury in connection with police activity. DUTY INSPECTOR 9. Respond to scene. 10. Confer with commanding officer/duty captain/shooting team leader. 11. Confer with Internal Affairs Bureau Response Team. IAB RESPONSE TEAM 12. Respond to scene. 13. Confer with commanding officer/duty captain/shooting team leader. 14. Advise Internal Affairs Bureau Duty Captain, as appropriate. COMMANDING OFFICER/DUTY CAPTAIN/SHOOTING TEAM LEADER 15. Respond and assess the situation. 16. Confer with Internal Affairs Bureau Duty Captain/Internal Affairs Bureau Response Team. NOTIFICATION TO NEXT OF KIN WHEN A PERSON DIES IN CONNECTION WITH POLICE ACTIVITY PATROL BOROUGH COMMANDER/DESIGNEE 17. Ensure timely notification to next of kin in cases where a person dies in police custody. a. Have a member of the Community Affairs Bureau assist with the notification, if appropriate. (1) Notification should be made by a member in the rank of lieutenant or above. NOTIFYING MEMBER 18. Confer with involved detective borough commander/designee prior to contacting next of kin. 19. Notify next of kin upon approval from involved detective borough commander/designee. a. Notification should be made within a reasonable amount of time, preferably within two hours. b. An investigator should accompany the member making the notification unless it is deemed inappropriate by the patrol borough commander/designee and the involved detective borough commander/designee. (1) Notification will not be delayed an inordinate period of time pending availability of investigator. 20. Notify Office of the Chief of Department of successful notification and provide the following details: a. Time of notification b. Location of notification c. Name of person notified d. All members of the service present e. Any other pertinent information. 21. Enter details of notification in Telephone Record. WHEN IT IS DETERMINED THAT A POSSIBLE CRIMINAL INVESTIGATION WILL COMMENCE INTERNAL AFFAIRS BUREAU, DUTY CAPTAIN 22. Respond and assess the circumstances. 23. Confer with the commanding officer/duty captain/shooting team leader. PATROL SERVICES BUREAU DUTY CHIEF 24. Respond to scene and assume command. 25. Confer with duty inspector/commanding officer/duty captain/shooting team leader, and Internal Affairs Bureau Duty Captain to determine if a criminal investigation against a member of the service is warranted. 26. Assume responsibility for the non-criminal investigation when: a. Person dies in custody. b. Person sustains any injury resulting from police firearms discharge. c. Person sustains a serious injury in connection with a police activity. IF CRIMINAL INVESTIGATION AGAINST A MEMBER IS REQUIRED 27. Confer with the Chief of Detectives and Chief of Internal Affairs, as appropriate. 28. Coordinate the activities of the Detective Bureau and Internal Affairs Bureau personnel. ADDITIONAL DATA DEPARTMENT POLICY When a criminal investigation against a member is required, the Internal Affairs Bureau will be responsible for the investigation. When it is determined that the Internal Affairs Bureau will conduct the investigation, the local detectives will provide assistance (e.g., canvass interviews, etc.), as necessary. Conversely, when it is determined that Detective Bureau personnel will conduct the investigation, the Internal Affairs Bureau will provide assistance as requested by the Detective Bureau. The patrol borough Investigations Unit will also participate in these investigations, where warranted. When, in the course of an investigation, (i.e., investigate DOA), a member of the Detective Bureau becomes aware that a death or serious injury was or may have been in connection with a police action, the precinct commanding officer/duty captain and the Internal Affairs Bureau will be immediately notified. In those cases where no criminal investigation by the Internal Affairs Bureau is required the follow-up investigation, including interviews conducted under Patrol Guide 206-13, "Interrogation of Members of the Service" will be conducted by the borough commanding officer or designee. If at any time during the investigation, it becomes apparent that a criminal investigation is required, the Internal Affairs Bureau will be notified and will take over responsibility for the criminal investigation, including any additional interviews. Whenever a person dies while in police custody or sustains death or serious injury in connection with a police activity, or sustains death or injury resulting from a police firearms discharge, forward copy of Typed Letterhead to Deputy Commissioner, Strategic Initiatives. RELATED PROCEDURE Interrogation of Members of the Service (P.G. 206-13) FORMS AND REPORTS Typed Letterhead P.G. 212-54 Person Threatening To Jump From Structure Date Effective: 08/01/13 PURPOSE To prevent persons from jumping from structures. PROCEDURE Upon arriving at a location where a person is threatening to jump from a structure: UNIFORMED MEMBER OF THE SERVICE 1. Notify Communications Section and request patrol supervisor, Emergency Service and ambulance to respond. a. Request Harbor Unit to respond if person is over navigable waters. 2. Attempt to persuade or prevent person from jumping. 3. Seek assistance of person's relatives, friends, and clergyman. 4. Confine the person to side of the structure facing street, if possible. 5. Rope off area below and prevent persons from entering area. PATROL SUPERVISOR 6. Verify that Emergency Service Unit and ambulance are responding, if required. a. Cancel response of Emergency Service/ambulance if no longer required. 7. Follow P.G. 216-05, "Mentally Ill or Emotionally Disturbed Persons," where appropriate. RELATED PROCEDURES Mentally Ill Or Emotionally Disturbed Persons (P.G. 216-05) P.G. 212-55 Investigation Of Aided Cases Involving Injuries Resulting From Illegal Fireworks Date Effective: 10-16-13 PURPOSE To prevent future injuries to the public and to ascertain the source of illegal fireworks. PROCEDURE Upon responding to, or otherwise becoming aware of, an incident involving a physical injury to an individual as a result of the intentional or accidental detonation of illegal fireworks: UNIFORMED MEMBER OF THE SERVICE 1. Render reasonable aid to injured person. 2. Request response of ambulance, if necessary. 3. Request response of patrol supervisor and precinct detective squad. 4. Notify desk officer, precinct of occurrence, of incident. 5. Issue summons or effect arrest if fireworks were illegally possessed. 6. Prepare COMPLAINT REPORT (PD313-152). a. Under caption "Offense," enter "Investigate Aided-Fireworks Injury," if applicable. 7. Prepare AIDED REPORT WORKSHEET (PD304-152B), if applicable. PATROL SUPERVISOR 8. Review action taken and ascertain that precinct detective squad has been notified to respond, if not present at scene. PRECINCT DETECTIVE SQUAD MEMBER 9. Investigate circumstances of injury to determine source of illegal fireworks. 10. Notify Intelligence Bureau and Narcotics Division member of results of investigation. NOTE: In addition, precinct detective squad members will notify the Organized Crime Control Bureau, Field Operations Desk (FOD) twenty-four hours a day, seven days a week regarding all ongoing firework related investigations. ADDITIONAL DATA In cases where the aided is less than eighteen years of age, it is incumbent upon the investigating member to determine the extent of adult involvement in the incident. When probable cause exists to establish a charge of endangering the Welfare of Child, an arrest will be made. The Intelligence Bureau will maintain a data base containing all incidents involving a physical injury to an individual as a result of the detonation of illegal fireworks. The database will include all relevant information concerning the incident and the results of the investigation. The Commanding Officer, Intelligence Bureau, will review the results of each investigation and coordinate the distribution of intelligence obtained in the investigation. In addition, those cases requiring further investigation will be referred to the appropriate unit for follow-up investigation, as deemed necessary. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) AIDED REPORT WORKSHEET (PD304-152b) P.G. 212-56 Diplomatic Incidents Date Effective: 10-16-13 PURPOSE To process incidents involving persons classified as "Diplomats." DEFINITIONS DIPLOMATS - Members of foreign missions, delegations, embassies and legations to the United Nations or United States, and their families and staff. (Identification cards are signed by the United States Secretary of State and the Chief of Protocol). Consuls of foreign nations do not possess Department of State identification cards, but they are to be treated in the same manner as "Diplomats." DIPLOMATIC IMMUNITY - Diplomats shall not be arrested or personally served with a summons. Uniformed members of the service will extend every courtesy and consideration to them. All reasonable assistance will be given to them. PROCEDURE Upon arriving at the scene of an incident where a "Diplomat" is involved: UNIFORMED MEMBER OF THE SERVICE 1. Take necessary action to protect life and property. NOTE: Do not enter headquarters district of United Nations to perform official duty without consent of Secretary General. 2. Obtain name and title of diplomat and government he represents. 3. Notify Operations Unit and Intelligence Bureau immediately by telephone that an incident involving a diplomat has occurred. NOTE: The Operations Unit will verify diplomatic status when identification is in doubt. 4. Do not detain a diplomat who is properly identified or when doubtful identification has been verified by Operations Unit personnel. 5. Request patrol supervisor to respond to scene. 6. Telephone details of the incident to the desk officer. OPERATIONS UNIT MEMBER 7. Notify detective squad or detective borough command, if required. 8. Notify Police Commissioner and Chief of Department, if required. DESK OFFICER 9. Notify: a. Precinct commander/duty captain. b. Patrol borough. c. Intelligence Bureau. d. Operations Unit - to provide additional details and/or confirm incident. UNIFORMED MEMBER OF THE SERVICE 10. Prepare required forms/reports. 11. Make ACTIVITY LOG (PD112-145) entry. INTELLIGENCE BUREAU MEMBER 12. Transmit details of incident to: a. United States Mission to United Nations b. New York City Commission for the United Nations and Consular Corps c. United States Department of State d. Federal Bureau of Investigation. PATROL SUPERVISOR 13. Investigate incident and interview witnesses. 14. Determine if incident is of a serious or non-serious nature. 15. Take immediate action as required by circumstances of incident. 16. Report actions taken to precinct desk officer. NOTE: The desk officer will notify the precinct commander/duty captain who will perform the duties of the patrol supervisor if the incident is of a serious nature. Incidents of a non-serious nature will be investigated by the patrol supervisor. 17. Review actions already taken, conduct additional investigation as necessary. 18. Telephone results of preliminary investigation to: a. Operations Unit b. Patrol borough office concerned c. Intelligence Bureau - indicate whether incident serious or non-serious. 19. Prepare four copies of report concerning results of investigation on Typed Letterhead, when incident is of a serious nature, and forward to: a. Chief of Patrol - one copy DIRECT b. Intelligence Bureau - two copies DIRECT c. File last copy in precinct desk binder. 20. Notify precinct commander/duty captain of actions taken, when incident is of a non-serious nature. PRECINCT COMMANDER/DUTY CAPTAIN 21. Review actions taken by the patrol supervisor in non-serious incidents. INTELLIGENCE BUREAU MEMBER 22. Forward one copy of report, if appropriate, to: a. United States Mission to the United Nations b. New York City Commission for the United Nations and Consular Corps c. United States Department of State d. Federal Bureau of Investigation. DESK OFFICER 23. Review and process required reports/forms. ADDITIONAL DATA Subsequent reports including final dispositions will be prepared and forwarded in the same manner as initial reports. A parking summons placed upon a vehicle bearing "Diplomat" and "Consul" license plates for a safety hazard violation is NOT considered a diplomatic incident. RELATED PROCEDURES Parking Summons - General Procedure (P.G. 209-07) Unusual Occurrence Reports (P.G. 212-09) FORMS AND REPORTS ACTIVITY LOG (PD112-145) TYPED LETTERHEAD P.G. 212-57 Service Of Family Court/Supreme Court Orders Of Protection By Uniformed Members Of The Service Date Effective: 08/01/13 PURPOSE To effect the service of all orders of protection, and any associated papers, issued by Family Court or Supreme Court to the respondent, and to ensure proper entry of police service into the order of protection database. PROCEDURE When an order of protection issued by a Family Court or Supreme Court is to be served: UNIFORMED MEMBER OF THE SERVICE ASSIGNED TO FAMILY/SUPREME COURT 1. Obtain, on a daily basis, all orders of protection and any related papers from the Family Court or Supreme Court clerk. 2. Review order of protection and associated papers to ensure that respondent's address is provided, or petitioner's address if order is to be served at petitioner's residence. a. Any set of papers lacking an address will be returned to the Family Court or Supreme Court clerk. 3. Separate orders of protection by patrol borough based on the respondent's address. 4. Prepare two copies of a letter of transmittal patrol borough, as necessary, including: on Typed Letterhead for each a. Respondent's name b. Docket number c. Caption for final disposition. NOTE: In addition to orders obtained from Family Court, members of the service assigned to Family Court will also be delivered orders from Supreme Court. These Supreme Court orders will be processed in the same manner as those from the Family Court. Orders from both Family Court and Supreme Court may be listed on the same letter of transmittal but should be separated by a single blank line. No more than ten orders of protection will be listed on each letter of transmittal. 5. Attach letter of transmittal to orders of protection, that have been separated by patrol borough, to be picked up by local patrol borough personnel. a. File photocopy of letter of transmittal. PATROL BOROUGH COORDINATOR WHEREIN FAMILY COURT LOCATED 6. Obtain all orders of protection and accompanying letters of transmittal on a daily basis. NOTE: Messengers from Patrol Boroughs Manhattan North and Brooklyn South will pick up their borough's orders of protection from the uniformed member of the service assigned to the local Family Court. 7. Forward via Department mail orders of protection to be served in other patrol boroughs. 8. Verify all orders of protection listed on letter of transmittal have been received. 9. Number each order of protection received by precinct and serial number beginning with the number one at the start of each year. (Example, the first order of protection in the 60th Precinct would be listed as 60-1). 10. Prepare two copies of a letter of transmittal on Typed Letterhead captioned as in step 4 for each precinct where an order of protection is to be served. 11. Attach STATEMENT OF PERSONAL SERVICE (PD260-152) and WARRANT OFFICER'S REPORT OF INVESTIGATION (PD374-1510) to each order of protection. 12. Forward letter of transmittal and orders of protection to appropriate precinct(s). a. File photocopy of letter(s) of transmittal. NOTE: A separate file of letters of transmittal will be maintained for each precinct within the patrol borough. DESK OFFICER 13. Verify all orders of protection listed on letter of transmittal have been received. 14. Make an entry in a log maintained at the desk and captioned across a double page as follows: LEFT PAGE Pct. Serial # Petitioner's Respondent's Name Name Docket # 1st Tour UMOS Assigned/Desk Officer Date & Time of Attempt(s) RIGHT PAGE 2nd Tour UMOS Assigned/ Desk Officer Date & (Through) 6th Tour Date & Final Time of UMOS Time of Disposition Attempt(s) Assigned/ Attempt(s) Desk Officer Time/Date Entered In Database 15. Assign a uniformed member of the service to serve the order of protection. a. Indicate name under caption "1st TOUR UMOS." UNIFORMED MEMBER OF THE SERVICE 16. Attempt to serve the order of protection. NOTE: The order of protection may be served at any time seven days a week, twenty-four hours a day. IF ORDER OF PROTECTION IS SERVED UNIFORMED MEMBER OF THE SERVICE 17. Prepare STATEMENT OF PERSONAL SERVICE and then photocopy. a. Examine and account for all documents served by insuring that appropriate box is checked. 18. Deliver form to desk officer a. Forward photocopy to domestic violence prevention officer. NOTE: When preparing STATEMENT OF PERSONAL SERVICE forms for orders issued by Supreme Court, strike out the heading reading "Family Court" and write in "Supreme Court". IF UNABLE TO SERVE ORDER OF PROTECTION UNIFORMED MEMBER OF THE SERVICE 19. Document each attempt on WARRANT OFFICER'S REPORT OF INVESTIGATION. 20. Make an ACTIVITY LOG (PD112-145) entry of each attempt to serve the order of protection. 21. Return the order of protection and related forms at end of tour to the desk officer. DESK OFFICER 22. Repeat step 15. a. Indicate name under caption "2nd TOUR UMOS," etc. NOTE: Service of the order of protection must be attempted at least once on each tour for six consecutive tours. After the sixth tour the order of protection will be considered to be "Undeliverable." Service of the order of protection will be initiated on the same tour that the order is received. DESK OFFICER 23. Enter into the log one of four final dispositions: a. Order of protection served. b. Undeliverable-respondent not known at address. c. Undeliverable-respondent's new address located outside of command. d. Undeliverable-attempts completed on six consecutive tours. (1) Ensure that dates and times of attempted service are indicated in the log. 24. Prepare STATEMENT OF PERSONAL SERVICE and write "NOT SERVED" on the top right hand corner of the form, if the order of protection was not served. a. Strike out the heading "Family Court" and write in "Supreme Court", if the order was issued by a Supreme Court. 25. Place "Undeliverable" orders of protection in log for precinct domestic violence prevention officer to forward. DOMESTIC VIOLENCE PREVENTION OFFICER 26. Coordinate all tasks relating to the service and recording of orders of protection including filing, forwarding, etc. 27. Enter applicable information into the State Order of Protection Registry, via the FINEST system, upon receipt of each photocopy of a STATEMENT OF PERSONAL SERVICE. 28. Enter the date and time entry into the registry was made under the appropriate caption in log. a. Place initials inside same caption. NOTE: The Domestic Violence Unit will be responsible for ensuring that all Domestic Violence Prevention Officers are trained in the use of the NYSPIN/FINEST system in regard to the entry of service information. 29. Check log containing orders of protection on a daily basis. a. Ensure that for every disposition indicating service was made a corresponding entry was made into the order of protection registry. 30. Forward to the patrol borough coordinator any orders of protection and related forms, if investigation reveals that respondent resides outside of precinct. 31. Maintain a file of letters of transmittal. 32. Enter a final disposition on letters of transmittal as indicated in step 23. NOTE: Every order of protection received must be assigned one of the four final dispositions. 33. Forward to the patrol borough coordinator: a. Original (white copy) of the completed STATEMENT OF PERSONAL SERVICE for all orders of protection. b. Original of completed WARRANT OFFICER'S REPORT OF INVESTIGATION for orders of protection that are "Undeliverable." 34. Attach to file copy of appropriate letter of transmittal: a. Second (blue copy) of STATEMENT OF PERSONAL SERVICE and b. Photocopy of WARRANT OFFICER'S REPORT OF INVESTIGATION, if applicable. PATROL BOROUGH COORDINATOR 35. Attach to the file copy of appropriate letter of transmittal, a photocopy of the STATEMENT OF PERSONAL SERVICE and the WARRANT OFFICER'S REPORT OF INVESTIGATION, if applicable. a. Ensure that a final disposition is indicated on letter of transmittal. 36. Forward original (white copy) of STATEMENT OF PERSONAL SERVICE and/or WARRANT OFFICER'S REPORT OF INVESTIGATION to the uniformed member of the service assigned at the Family Court that issued the order of protection. NOTE: If the originating Family Court is located outside the patrol borough, the STATEMENT OF PERSONAL SERVICE and/or WARRANT OFFICER'S REPORT OF INVESTIGATION will be returned via the patrol borough coordinator in which the Family Court is located. UNIFORMED MEMBER OF THE SERVICE ASSIGNED FAMILY COURT 37. Indicate on original letter of transmittal a final disposition: a. Order of protection served b. Undeliverable-respondent not known at address c. Undeliverable-attempts completed on six consecutive tours. 38. Forward STATEMENT OF PERSONAL SERVICE to Family Court or Supreme Court clerk. 39. File WARRANT OFFICER'S REPORT OF INVESTIGATION. ADDITIONAL DATA Each attempt made to serve the order of protection shall be documented on a WARRANT OFFICER'S REPORT OF INVESTIGATION and an ACTIVITY LOG entry shall be made. The respondent's name shall be entered under the caption "Defendant Surname" and the docket number shall be entered under the caption "Docket/Indict #." Service must be attempted at least once each tour for six consecutive tours, after which the order of protection may be considered undeliverable. The assigned uniformed member of the service will inquire of neighbors, superintendent, etc., as to respondent's whereabouts. If respondent has moved, attempt to obtain the new address. If the new address is within the precinct, service of the order of protection will be attempted at the new location for an additional six consecutive tours. A new log entry will be required. If the new address is outside the precinct concerned, indicate this on the WARRANT OFFICER'S REPORT OF INVESTIGATION. The order of protection will be returned to the patrol borough coordinator for forwarding to the proper patrol borough. Although most of the Family Court or Supreme Court orders of protection will be delivered through the patrol borough coordinator, the petitioner may elect to personally seek police assistance in serving the order of protection. In that instance, the desk officer will inspect the "Order of Protection" log to determine if the order of protection has already been served. If it has not been served, a uniformed member of the service will provide assistance in serving the order and give the original (white copy) of the completed STATEMENT OF PERSONAL SERVICE to the petitioner. The petitioner will be instructed to deliver the form to the Family Court or Supreme Court clerk that issued the order of protection. The blue copy of the STATEMENT OF PERSONAL SERVICE will be delivered to the desk officer who will indicate in the log that the order of protection was served, and then forward the copy to the domestic violence prevention officer who will process it in accordance with the foregoing procedure. When an exclusionary Order of Protection has been served, uniformed members of the service may not assist respondents who wish to remove clothing/property (commonly known as "clothes jobs"), where an exclusionary Order of Protection exists which prohibits contact between the petitioner and respondent and/or excludes the respondent from being present at said location. Instead, the respondent should be advised to return to court to have the Order of Protection amended, so that he/she may remove clothing/personal property from the location, or, so that the items may be delivered to the respondent or a third party. RELATED PROCEDURES Arrests - Removal To Department Facility For Processing (P.G. 208-02) Family Offenses/Domestic Violence (P.G. 208-36) Arrests - Removal To Department Facility For Processing (P.G. 208-02) Family Offenses/Domestic Violence (P.G. 208-36) FORMS AND REPORTS ACTIVITY LOG (PD112-1450) STATEMENT OF PERSONAL SERVICE (PD260-152) WARRANT OFFICER'S REPORT OF INVESTIGATION (PD374-1510) P.G. 212-58 Fire Date Effective: 05-28-14 PURPOSE To protect life and property and facilitate fire operations. PROCEDURE Upon receiving a report of a fire (10-59) through 911 or as a pick-up: RADIO DISPATCHER 1. Immediately assign available unit to respond and notify patrol supervisor. 2. Broadcast any new information received via ICAD or from members on the scene. Notify the patrol supervisor and any other responding supervisor(s) of all available information (e.g., numerous calls received, affected floors, persons trapped, injuries, etc.). 3. If members of the service at scene are in immediate danger at any time from smoke, heat, or fire, notify the FDNY dispatcher for transmittal to FDNY units on the scene. UNIFORMED MEMBER OF THE SERVICE 4. Park Department vehicles to prevent interference with fire fighting operation. 5. Transmit signal 10-84 upon arrival on-scene of fire. Ensure FDNY is responding if not on-scene and inform dispatcher of any pertinent details. 6. Ensure area in front of building is secured for responding FDNY personnel and all fire hydrants are free of vehicles. 7. Direct responsible person to remain in front of location to direct fire apparatus if fire is not in view. 8. Warn occupants and assist evacuated persons if appropriate. 9. Prevent persons from reentering the building and secure lobby. NOTE: Uniformed members of the service should be aware that some modern buildings are fire-proof and may not exhibit conditions that are commonly believed to be observable from outside a building on fire (i.e., flames or smoke). Uniformed members are not trained in, or equipped for, fire suppression or fire rescue operations and should avoid entering any building that is on fire. In most circumstances, members should await the arrival of FDNY personnel and assist in evacuation, pedestrian/traffic control and establishing a secure perimeter around firefighting operations. Given the fluid nature of the circumstances encountered at a fire scene, members of the service are reminded to use common sense judgment. 10. If there is imminent danger to life and member(s) determine that entering the building is necessary and prudent, notify radio dispatcher of all observations made in connection with fire prior to entry. 11. Communicate to FDNY personnel at the scene the number of members of the service who entered the building, including last known location, if possible. 12. Proceed with caution at all times and maintain communication with radio dispatcher. a. Frequently relay location and ascertain estimated time of FDNY arrival. 13. Use stairs to reach reported fire location. (DO NOT use elevator.) a. Members should ascend in teams of two. 14. Advise radio dispatcher of labeled staircase being used or of any other identifying characteristics of staircase, if not labeled. 15. Conduct a visual inspection of stairwell for smoke or flames prior to ascending staircase. a. While ascending, inspect each floor below reported fire floor for smoke and/or fire and note location and distance of other stairways, exits and/or potential areas of refuge. 16. DO NOT hold elevator cars on any floor as FDNY units will seek to recall elevators to move personnel and firefighting equipment into position. 17. Conduct a visual inspection of hallway of reported fire floor through the stairwell/hallway door window, if available. a. Place back of hand on door that separates stairwell from affected floor to detect the presence of heat. (1) An unusually warm door or the presence of smoke are indicators that there is a fire in the hallway or in an apartment where a door has been left open. This can be an extremely dangerous condition requiring personal protective equipment to enter and is considered “immediately dangerous to life and health.” In these cases, members should not open the door or enter the hallway as such action can draw smoke/fire toward the stairwell. PATROL SUPERVISOR 18. Respond to ALL building/structure fires in command. 19. Confer with FDNY supervisor and advise members of the service to evacuate/tactically retreat (e.g., assume a prone position and crawl or stay as low to the ground as dictated by the situation, moving close to the wall so that the wall may be used as a guide, etc.) to predetermined exit, if smoke and heat are suddenly present. 20. Notify desk officer if fire is suspicious and request precinct detective squad. 21. Immediately assign uniformed members of the service to direct and control responding emergency vehicles to allow free access to affected area. a. Confirm that fire hydrants remain accessible for use. b. Ensure a clear path of access and egress is established and maintained for ambulances. FIRST SUPERVISOR AT SCENE 22. Proceed immediately to the FDNY Incident Command Post once established and remain at Incident Command Post until relieved or the Command Post is demobilized. 23. Advise the FDNY Incident Commander of the number of members of the service inside the affected building, including unit designation and last known location. UNIFORMED MEMBER OF THE SERVICE 24. Establish police lines beyond the fire apparatus and hydrants in use. a. Establish police lines behind the building beyond fire operations, if necessary. 25. Permit only the following persons and vehicles to enter fire lines: a. Ambulances b. Police and FDNY vehicles c. The Mayor and vehicle d. Members of governmental agencies and their vehicles, in performance of duty e. Employees of public service corporations and their vehicles in the performance of emergency duties f. Persons holding valid unexpired press credentials g. Red Cross personnel in performance of duty. 26. Record following information in ACTIVITY LOG (PD112-145): a. Relevant details surrounding the fire including the location, time and persons displaced or injured b. Cause of fire, extent of damage and any suspicion of arson (obtained from fire officer in charge), if available c. Any dangerous condition resulting from the fire. 27. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) if the fire is suspicious. 28. Prepare AIDED REPORT WORKSHEET (PD304-152b) for each injured person. 29. Ensure premises are secure once firefighting operations have concluded. DESK OFFICER 30. Notify Operations Unit and borough command if: a. Injury or death occurs b. Three alarms or more c. Unusual type of fire d. Cause of fire is suspicious e. Forced entry by FDNY f. Relocation of tenants required. 31. Review COMPLAINT REPORT WORKSHEET/AIDED REPORT WORKSHEET, if prepared. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Fires can spread rapidly and expand to other rooms, floors or buildings. In addition, smoke created by fire contains poisons and carcinogens including carbon monoxide. Members of the service should be aware, given the circumstances, that a high level of exertion (e.g., stair climbing, etc.) prior to or while entering a fire location could be problematic; the rapid respiration associated with a high level of physical exertion may result in an increased intake of dangerous and harmful smoke into the lungs. ABSENT EXIGENT CIRCUMSTANCES UNIFORMED MEMBERS OF THE SERVICE SHOULD NOT OPERATE ON ANY FLOOR ABOVE THE FIRE AND NOT ATTEMPT TO NAVIGATE THROUGH A SMOKE-FILLED OR FIERY ENVIRONMENT. In fire suppression incidents, according to the CIMS Primary Agency Matrix, the ranking FDNY officer is the Incident Commander and the NYPD will co-locate its command post with the FDNY’s. The highest ranking NYPD uniformed supervisor shall remain with the on-scene Incident Commander and work and coordinate with the Primary Agency. The highest ranking uniformed supervisor is responsible for site management and accountable for the inner perimeter and crowd / traffic control. RESPONSE TO TWO ALARM FIRES A second alarm occurs when the Fire Department dispatches additional engine companies, additional ladder companies and other necessary resources beyond the deployment of a full-scale first alarm response. While it is recognized that, in most instances, members of the NYPD are already at the scene of such fires and are aware of the second alarm, the Fire Department will notify the Operations Unit directly, when a fire reaches a second alarm. Upon notification of a two alarm fire, the Operations Unit will direct the duty captain to the scene. The duty captain will respond to the scene to ensure that all appropriate coordination and police services are being provided. In addition, the duty captain will give particular attention to ensuring that traffic control is maintained and perimeters are established. When appropriate, the duty captain may direct that a ranking member be designated as the NYPD communications liaison. The ranking member of the New York City Police Department on the scene will confer with the ranking fire officer to determine if additional police resources are required, e.g. Aviation Unit, Harbor Unit, etc. Supervisory members should be aware that, when conditions warrant, the Fire Department may request that a fire officer be assigned to an Aviation Unit in order to survey the fire and affected structures. Such requests should be facilitated by promptly notifying the Operations Unit and arranging for the flight, as appropriate. FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORTWORKSHEET (PD313-152A) P.G. 212-59 Vertical Patrol Date Effective: 08-01/13 PURPOSE To prevent, detect, and take necessary enforcement action regarding illegal activity occurring in lobbies, stairwells, basements and other common areas of multiple dwelling buildings that are not owned by the New York City Housing Authority. SCOPE Authorization for vertical patrol, the tactically planned patrol of the interior hallways, stairways, and rooftops of multiple dwelling buildings is obtained through the Department's Trespass Affidavit Program. Patrolling multiple dwelling buildings for criminal activity, including trespassing under the Trespass Affidavit Program, is a valuable problem solving tool, as well as an important component of the Department's crime control strategy. PROCEDURE To conduct vertical patrol in a resident multiple dwelling building in the Department's Trespass Affidavit Program: PLATOON COMMANDER/PATROL SUPERVISOR/ASSIGNED SUPERVISOR 1. Assign teams of two or more uniformed members of the service to conduct vertical patrol at designated times and locations. a. Schedule vertical patrols based on times when illegal activities are prevalent b. Ensure TRESPASS CRIMES - OWNER'S AFFIDAVIT(S) (PD651-051) or New York County District Attorney's supporting affidavits, as appropriate, are current for scheduled locations c. Ensure all vertical patrols are conducted in a satisfactory manner with special attention to: (1) Enforcement action, including proper tactics (2) Radio transmission (3) Proper documentation (e.g., ACTIVITY LOG [PD112-145] entries, STOP, QUESTION AND FRISK REPORT WORKSHEETS [PD344-151A], etc.). NOTE: A uniformed member of the service may approach and question persons if they have an objective credible reason to do so. However, a uniformed member may not stop (temporarily detain) a suspected trespasser unless the uniformed member reasonably suspects that the person is in the building without authorization. 2. Instruct uniformed members performing vertical patrol that, absent exigent circumstances, teams of two or more uniformed members must remain together at all times. 3. Consider the appropriate number of teams necessary to perform a particular vertical patrol. a. The number of uniformed members that are required to conduct a particular vertical patrol assignment should be based on the size of the building, the number and location of exits, and the nature of the crimes being addressed. UNIFORMED MEMBER OF THE SERVICE 4. Respond to location at designated time and coordinate activities with other assigned uniformed members. 5. Notify Communications Section radio dispatcher utilizing radio code signal 10-75V, and make ACTIVITY LOG entry of the time and street address upon entering the building. 6. Inspect front, rear and other exterior doors, and interior of lobby. 7. Document in ACTIVITY LOG that signs stating, "No Trespassing, Tenants and their Guests Only," are prominently displayed and legible. a. Signs should be prominently displayed in areas where persons entering the building can readily observe them (e.g., vestibule entrance, vestibule, above the elevator, courtyard, roof, etc.). 8. Proceed to top floor of building by elevator, if operable, and conduct inspection of roof, roof landing, elevator rooms, and any other installations. 9. Patrol each floor, staircase and hallway within the building from the top floor to the ground floor. 10. Inspect all accessible basement areas. 11. Be alert for persons who may be engaged in criminal activity, including potential trespassers, and upon encountering such persons: a. Approach the person(s) and ask: (1) If he or she lives in the building (2) If he or she is visiting someone in the building (3) If he or she has business in the building. b. Take reasonable measures to verify a person's authority to be present in the building when such authority is in question (e.g., asking for identification, keys to the building entrance doors, etc.). c. When a person refuses to explain in the building, the uniformed member must leave the building or be subject member may then arrest the person for or is unable to explain his/her presence may instruct the person that he or she to arrest for trespass. The uniformed trespass if: (1) The person refuses to exit the building and does not promptly establish a right to be in the building. d. When reasonable suspicion develops that a person has committed, is committing or is about to commit a felony or a Penal Law misdemeanor, take appropriate police action as per P.G. 212-11, "Stop and Frisk" e. If probable cause develops that a person has committed or is committing an offense or crime, take appropriate police action as per P.G. 208-01, "Law of Arrest" f. When a trespass arrest is made, prepare TRESPASS CRIMES - FACT SHEET (PD351-144) g. Copies of the TRESPASS CRIMES - FACT SHEET and TRESPASS CRIMES - OWNER'S AFFIDAVIT or New York County District Attorney's supporting affidavit, as appropriate, for the building must be included in arrest package. 12. Notify Communications Section radio dispatcher upon exiting building and make ACTIVITY LOG entry indicating time building inspection was completed and any conditions noted. ADDITIONAL DATA The "TRESPASS CRIMES - OWNER'S AFFIDAVIT (PD651-051)," will be utilized for Department Trespass Affidavit Program buildings in the Bronx, Brooklyn, Staten Island, and Queens. The New York County District Attorney's Office manages a Trespass Affidavit Program in Manhattan and utilizes its own supporting affidavits. The "TRESPASS CRIMES - FACT SHEET (PD351-144)," will be prepared in every instance including Manhattan, where a uniformed member of the service effects a trespass arrest in a building participating in a Trespass Affidavit Program. A uniformed member of the service may not stop (temporarily detain) a suspected trespasser unless the uniformed member reasonably suspects that the person is in the building without authority. When reasonable suspicion exists, a STOP, QUESTION AND FRISK REPORT WORKSHEET shall be prepared as per P.G. 212-11, "Stop and Frisk." Some factors which may contribute to "reasonable suspicion" that a person is trespassing, in addition to those factors set forth in P.G. 212-11, "Stop and Frisk," are contradictory assertions made to justify presence in the building and/or assertions lacking credibility made to justify presence in the building. A uniformed member of the service may arrest a person for trespass when he or she has probable cause to believe the person is not a resident, is not the invited guest of a resident, and is not otherwise authorized to be in the building. Refusal to answer a uniformed member's questions alone will not reach the level of "probable cause." RELATED PROCEDURES Law of Arrest (P.G. 208-01) Stop and Frisk (P.G. 212-11) Trespass Affidavit Program (I.O. 23, series 2012) (A.G. 303 SERIES) FORMS AND REPORTS ACTIVITY LOG (PD112-145) STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) TRESPASS CRIMES - OWNER'S AFFIDAVIT (PD651-051) TRESPASS CRIMES - FACT SHEET (PD351-144) P.G. 212-60 Interior Vertical Patrol Of Housing Authority Buildings Date Effective: 08-01-13 PURPOSE To assist the Housing Authority in enforcing its rules, limiting criminal activity, providing a safe and secure environment and ensuring the habitability of its residential buildings for Housing Authority residents and their guests by performing interior vertical patrols. PROCEDURE Uniformed members of the service shall frequently inspect the interior of Housing Authority buildings on assigned posts as follows: UNIFORMED MEMBER OF THE SERVICE 1. Notify Communications Section, utilizing radio code 10-75V, and make ACTIVITY LOG (PD112-145) entry of the time and street address upon entering the building. 2. Notify Video Interactive Patrol Enhanced Response (VIPER) units by radio, if VIPER cameras present. VIPER UNIT MEMBER 3. Advise uniformed member of conditions that: a. Require attention b. Significantly affect safety. 4. Provide ongoing assistance to uniformed member of the service performing vertical patrol. UNIFORMED MEMBER OF THE SERVICE 5. Inspect front, rear and other exterior doors, mailboxes and the interior of the lobby. 6. Inspect elevators and ascertain if they are operable. a. Notify Housing Authority Emergency Service Department maintenance personnel of inoperable elevators. 7. Proceed to top floor of building by elevator, if operable, otherwise by using the stairs. a. Use staircase to gain access to the roof of the building. 8. Conduct inspection of roof, roof landing, elevator rooms, and any other installations. 9. Patrol each floor, staircase and hallway within the building from the top floor to the ground floor. 10. Inspect elevator doors on each floor, taking immediate action when necessary. a. Notify Housing Authority Emergency Service Department or NYPD Emergency Service Unit personnel immediately and remain at scene and secure location until unsafe condition has been corrected if: (1) Elevator door glass is missing (2) Outer elevator doors open when elevator is not present (3) Any other dangerous condition concerning elevators exists. 11. Inspect all accessible basement areas. 12. Be alert for persons who may be violating Housing Authority rules and regulations, including potentially unauthorized persons within NYCHA property, and upon encountering such persons: a. Approach the person(s) and ask; (1) If he or she lives in the building (2) If he or she is visiting someone in the building (3) If he or she has business in the building. NOTE: When a person's authority to be present in the building is in question, take reasonable measures to verify such authority (e.g., asking for identification, a key to the building entrance doors, etc.) b. If a person is found to be violating a Housing Authority rule or regulations, take appropriate police action pursuant to P.G. 207-29, "Field Reports," unless criminal enforcement is appropriate. c. If a person refuses to explain or is unable to explain his or her presence in the building, the officer may instruct the person that he or she must leave the building or be subject to arrest for trespass. The officer may then arrest the person for trespass if: (1) The person refuses to exit the building and does not promptly establish a right to be in the building. d. If reasonable suspicion develops that a person has committed, is committing or is about to commit a felony or Penal Law misdemeanor, take appropriate police action pursuant to P.G. 212-11, "Stop and Frisk." e. If probable cause develops that a person has committed or is committing an offense or crime, take appropriate police action pursuant to P.G. 208-01, "Law of Arrest." 13. Notify Communications Section upon exiting building and make ACTIVITY LOG entry indicating time building inspection was completed and any condition noted. a. Prepare FIELD REPORT (PD313-1511), STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) or COMPLAINT REPORT (PD313-152), if necessary. 14. Alternate between outside area patrol and interior vertical patrol of Housing Authority grounds and buildings, unless otherwise directed. 15. Inspect each building on assigned post. MEMBERS ASSIGNED TO RMP DUTIES 16. Comply with above requirements, if not on an assignment, when available to perform interior patrol. PSA/PRECINCT COMMANDING OFFICER 17. Review available sources and identify buildings which are in need of increased interior vertical patrols. 18. Assign and direct members to perform patrols at directed locations. PLATOON COMMANDER/PATROL SUPERVISOR/ASSIGNED SUPERVISOR 19. Assign at least two uniformed members of the service to conduct directed vertical patrols. NOTE: During the course of conducting directed vertical patrols, officers shall be instructed that, absent exigent circumstances, two or more uniformed members of the service must remain together. 20. Ensure all vertical patrols are performed in a satisfactory manner with specific attention to: a. Effectiveness of patrols, including proper tactics b. Radio transmissions c. Proper documentation (e.g., ACTIVITY LOG entries, FIELD REPORTS, STOP, QUESTION AND FRISK REPORT WORKSHEETS, etc.) RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Field Reports (P.G. 207-29) Law of Arrest (P.G. 208-01) Stop and Frisk (P.G. 212-11) Vertical Patrol (P.G. 212-59) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) FIELD REPORT (PD313-1511) STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) P.G. 212-61 Burglary/Robbery Apprehension Module Date Effective: 10-16-13 PURPOSE To reduce the occurrence of burglaries/robberies by identifying and apprehending those individuals committing burglaries/robberies. SCOPE The Precinct Detective Squad/Burglary/Robbery Apprehension Module (PDS/BRAM) will maintain a dedicated focus on burglary/robbery investigations and shall be under the direct organizational control and supervision of the Precinct Detective Squad Commander. PROCEDURE When a uniformed member of the service receives a complaint of a burglary or robbery: UNIFORMED MEMBER OF THE SERVICE 1. Determine whether a burglary or robbery in fact has been committed by conducting preliminary investigation. 2. Broadcast description of perpetrators if available and appropriate, and conduct search for suspects, if appropriate. 3. Safeguard evidence and when necessary, follow crime scene procedures as per P.G. 212-04, "Crime Scene". 4. Interview complainant and initiate investigation. a. If perpetrator(s) can be identified, transport complainant to station house to view photos. 5. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) for robbery. a. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) for Burglary Apprehension Team member is not working. burglary if b. Comply with P.G. 207-01, "Complaint Reporting System". NOTE: Uniformed member of the service assigned will make notification to the Borough/Bureau Evidence Collection Team (E.C.T.) to respond to all burglary incidents, including situations where an arrest is made at the scene. The member assigned will enter the notification into the COMPLAINT REPORT WORKSHEET (PD313-152A). 6. Make notification to Precinct Detective Squad who will immediately notify the designated PDS/BRAM investigator, when available. a. Provide all available information necessary to continue investigation. b. Notify Detective Borough Night Watch if PDS/BRAM office is closed (0100- 0800 hours). NOTE: Copies of robbery/burglary complaints recorded on COMPLAINT REPORTS (PD313-152) in the precinct on late tours will be picked up at 0800 hours by a PDS/BRAM member. DESK OFFICER 7. Review and finalize (i.e., sign-off) in the OLCS the completed COMPLAINT REPORT. 8. Have a copy of COMPLAINT REPORT forwarded to the Precinct Detective Squad/BRAM. 9. Ensure that additional copies of COMPLAINT REPORT are sent to other units/agencies, as required. NOTE: Pattern identification is crucial to a burglary strategy. As part of this strategy, the Detective Bureau will establish burglary patterns in the same manner used to deal with robbery patterns. Where two or more incidents have common traits the Precinct Detective Squad Commander will establish a pattern. Items that should be considered in order to declare a pattern are: similar methods of entry, items stolen, proximity of crimes to each other, time/day of occurrence as well as any other distinguishable common characteristics. The Precinct Detective Squad, in which a pattern has been established, will have the primary responsibility in compiling a pattern folder and documenting their investigative steps to apprehend the perpetrator unless the pattern crosses precinct boundary lines. All information must be disseminated to members of the service in the local and surrounding precincts, detective squads and O.C.C.B. units. The Borough Robbery Squad will assume responsibility for investigation for investigation of patterns affecting more than one precinct. The Patrol Borough Commander will oversee the coordination of the plan to address the pattern between Patrol Services, Detective Bureau (detective squad, warrants, gang units etc.), O.C.C.B. and Intelligence Bureau personnel. PDS/BRAM INVESTIGATOR 10. Review burglary and robbery complaint reports and assist in identifying any Burglary/Robbery patterns or trends that may arise. 11. Confer with the Precinct Field Intelligence Officer, when assigned, prior to and following the issuance of a pattern. 12. Compile a pattern case folder for all identified patterns, documenting all investigative steps taken. 13. Maintain photo books in accordance with established Legal Bureau guidelines, containing pictures of persons previously arrested for burglary and related crimes. 14. Confer with precinct and borough patrol and investigative units and disseminate all information regarding burglary and robbery trends, patterns and wanted perpetrators. 15. Update and maintain the Precinct Crime Information Center with active INVESTIGATION CARD (PD373-163), Field Information posters, serial burglar lists and photos. 16. Conduct an investigation when the subject of a "Home Visit" cannot be located by the Precinct Burglary Apprehension Team (BAT). 17. Cultivate and maintain sources of information within command (e.g., confidential informants, building superintendents, landlords, block watchers, etc.) 18. Debrief all suspects arrested for crimes of burglary/robbery. Seek to: a. Identify accomplices b. Identify fencing locations c. Identify other victims. 19. Be responsible for reviewing the list of persons selling items to pawnshops or secondhand dealers. a. Conduct appropriate investigation, i.e. INVESTIGATION CARD check, warrant investigation, criminal record check. 20. Assist the Burglary Apprehension Team with "Fencing Sting Operations." 21. Take major case prints for every person arrested for the crime of burglary. PDS/BRAM SUPERVISOR 22. Be responsible for the review of all burglary/robbery complaints received at the office to determine case status. 23. Review all COMPLAINT REPORTS (PD313-152), COMPLAINT FOLLOW-UPS (PD313-081) and COMPLAINT FOLLOW-UP INFORMATIONALS (PD313-081B) prepared to determine whether the cases should remain ACTIVE or CLOSED, and to ensure that all necessary investigative steps have been taken. 24. Assign robbery and burglary cases amongst all detectives in the unit. 25. Ensure the crime information centers are updated accordingly. 26. Ensure pawnshop/ secondhand dealer inspections are properly investigated. 27. verify major case prints are taken for every person arrested for burglary. ADDITIONAL DATA Assignment to a Precinct Detective Squad/Burglary Robbery Apprehension Module (PDS/BRAM) will be viewed solely as a Detective Bureau assignment, and not as an "investigative assignment" available to police officers under the "Police Officers Career Program." Precinct Detective Squad/Burglary Robbery Apprehension Module (PDS/BRAM) team members will be assigned to the Detective Duty Chart. The squad commander, however, will have sufficient flexibility to modify scheduled tours to accommodate the needs of the command and/or for particular investigations. Key elements which contribute to the success of the BRAM program: a. The creation of a specialized BRAM unit within every Precinct Detective Squad. These units are commanded by, and are accountable to, a Precinct Detective Squad Commander who is responsible for the investigation of all robbery/burglary complaints committed within that precinct (unless another unit has responsibility as per Department directives, e.g., Internal Affairs Bureau - Police Impersonation Investigation Unit). b. The allocation of Precinct Detective Squad personnel to the BRAM unit, commensurate with the number of reported burglary/robbery cases. Precinct Detective Squad Commanders will determine the exact complement of personnel (supervisors/detectives), in concurrence with the respective Detective Borough Commanding Officer. c. One member of each PDS/BRAM will be designated as liaison with the Borough Robbery Squad and the Intelligence Bureau for the purpose of identifying emerging patterns and suspects. The Pattern Identification Module will be responsible for identifying, tracking and disseminating information between the precincts and boroughs affected and creating the pattern sheet upon conferral with both the Precinct Squad Commanders and Precinct Commanders involved. d. Detective Bureau must notify the appropriate Patrol Borough Pattern Identification Module when a pattern is established and provide all relevant details. Patrol Borough Pattern Identification Modules will notify the appropriate Detective Bureau on all alerts. Detective Bureau will prepare an apprehension plan on all patterns and submit it to the Chief of Detectives and forward a copy to the appropriate Patrol Borough Commander. e. The development and utilization of precinct Photo Books that contain photographs of persons previously arrested for burglary, robbery and grand larceny from the person, as well as all other photographable offenses within the same geographical area. Each PDS/BRAM must regularly review the precinct's arrest records and obtain all such prisoner photographs, including photos listing parolees with robbery/burglary convictions. f. Uniformed members of the service on patrol are required to bring victims of robberies to the precinct in order to view the Photo Books. g. An innovative Case Management System which ensures prompt, thorough and flexible investigation of burglary/robbery complaints. Every burglary/robbery complaint, after assignment of a precinct complaint number, will be reviewed and signed-off in the OLCS by the desk officer. Desk officers will closely scrutinize robbery complaints to ensure that procedures were properly followed. An additional copy of the COMPLAINT REPORT (PD313-152) will be forwarded to the Precinct Detective Squad. A thorough investigation will be conducted on all burglary/robbery cases and the case status (open or closed) will be determined by the PDS/BRAM supervisor. If a uniformed member of the service apprehends a person wanted by the Precinct Detective Squad, as a result of a photograph placed on the Crime Identification Center's bulletin board, the uniformed officer will deliver the prisoner to any member of that detective unit performing duty at the time of the apprehension. The detective, who assumes responsibility for the prisoner, is required to take all of the follow-up steps, including arranging for and conducting a lineup, as per Patrol Guide 208-24, "Identification Lineups/Showups," booking and arraigning the prisoner. A uniformed member of the service who apprehends two PDS/BRAM wanted persons may be recommended for Departmental recognition in the appropriate grade by the Precinct Commanding Officer. (If after the first arrest the individual apprehended is of significant value, Departmental Recognition may be recommended). RELATED PROCEDURES Departmental Recognition (P.G. 205-39) Complaint Reporting System (P.G. 207-01) Identification Lineups/Showups (P.G. 208-24) Crime Scene (P.G. 212-04) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081B) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) INVESTIGATION CARD (PD373-163) P.G. 212-62 Community Policing Unit General Guidelines Date Effective: 08/01/13 GOAL In order to achieve the objectives of community policing, members assigned to the community policing unit are committed to the following goals: a. Involving the community in identifying its own public safety concerns and eliciting input in setting the Department's priorities for addressing same. b. Increasing community participation in policing activities and community based public safety programs. c. Exchanging information with the community on a regular basis. d. Using a problem solving approach to develop strategies for police operations that respond to specific community problems, including non-traditional tactics and strategies. e. Coordinating strategies for addressing community problems with other agencies and private organizations. NOTE: While members assigned to precinct community policing units are specifically charged with the furtherance of the above goals, it should be recognized that ALL members of the service are expected to perform duty in a manner that accomplishes these goals. DEFINITIONS BEAT - Geographic area of responsibility to which a beat officer is assigned. BEAT BOOK - Ongoing profile of beat area maintained at the community policing unit office. OFF-PATROL TIME - Scheduled or unscheduled time not spent performing visible foot patrol. COMMUNITY POLICING UNIT DIARY - Maintained at the community policing unit office and used to record excusals, court appearances, and scheduled "off-patrol" time. VEHICLE UTILIZATION LOG - Maintained at the community policing unit office. For this purpose, an adapted UNMARKED VEHICLE UTILIZATION LOG (PD571-1413) will be utilized for each Department RMP and twelve passenger Department van assigned to the unit. ROLL CALL CLERK 1. A weekly ADMINISTRATIVE ROLL CALL with scheduled activities (i.e., meetings, special projects, etc.,) noted, will be submitted to the precinct roll call office in a timely fashion for inclusion on the precinct ARCS roll call. Scheduled activities will be carried on the precinct roll call as "post - changes." 2. Precinct roll call personnel will maintain conformity within ARCS by ensuring the Employee Master File (AR02) and Assignment Master File (AR10) reflect all community policing assignments. 3. One copy of the ADMINISTRATIVE ROLL CALL, with any changes noted, will be supplied to the precinct roll call office on a daily basis. After changes have been made to the ARCS roll call or Roll Call Adjustment Sheet, the ADMINISTRATIVE ROLL CALL is to be delivered to the desk and placed chronologically into a suitable binder for reference and inspection. 4. All changes to the ADMINISTRATIVE ROLL CALL require the approval of the Special Operations Lieutenant. 5. Community policing unit members will, when practical, attend precinct roll call. 6. Community policing unit officers and sergeants will be assigned a fair share of "out of precinct" details, consistent with other precinct specialized unit members. WORKING CHART 1. Community policing units are seven day a week operations, as consistent with identified precinct conditions and community needs. 2. Community policing unit officers will work a miscellaneous chart, working eight hour and thirty-five minute tours. 3. Community policing unit members will have flexible tours, on a daily basis, and consistent with strategies developed to address identified conditions on the beat. 4. The submitted ADMINISTRATIVE ROLL CALL is considered to be a working chart. 5. Weekly work schedule is subject to the approval of the special operations lieutenant. 6. Community policing officers and sergeants will have regular days off which can only be changed as a result of a chart change (permanent change of regular day off [RDO]). 7. Community policing unit sergeants will work a miscellaneous chart, working eight hour and fifty-seven minute tours. 8. Community policing unit sergeants will have flexible tours, on a daily basis, as approved by the special operations lieutenant. Such tours should maximize supervision of unit members by the community policing sergeant. NOTE: Vacation selections for members assigned to community policing unit will be made as a separate squad within the precinct structure. They are not to be exempt from excusal ratios (see A.G. 304-06, "Ranking Officer Vacation," and P.G. 203-19, "Vacation Policy."). DEPARTMENT VEHICLES 1. SCOOTER UTILIZATION - The primary patrol function of the community policing unit officer is the performance of visible foot patrol in a specified beat area. It is recognized that both the topographic and geographic factors present in many of our commands would make, at times, the use of scooters desirable as a means of facilitating an officer's assignment. Accordingly, Department scooters are authorized for use within the following parameters: a. Scooters will be used only when deemed necessary and approved by an immediate supervisor. b. Scooters will not be routinely assigned but will be used on an "as needed" basis only. c. Scooters may be utilized only by those uniformed members who are qualified Department scooter operators (see A.G.320-16, "Driver Training"). 2. VAN UTILIZATION - Twelve passenger Department vans are assigned to precinct community policing units to enable members to perform special projects and accomplish other duties as directed by unit supervisors. They are also utilized to facilitate supervision of unit members by the community policing sergeant. Accordingly, the following guidelines will be adhered to: a. Vans will not be used for routine patrol or other non-related duties (i.e., sector duty, property transport, etc.). b. In the event of an extreme emergency, the commanding officer may authorize the use of the van for other than prescribed reasons. In such cases, a detailed entry will be made in the Command Log, including purpose, member assigned, and the identity of the authorizing commander. c. The van will not be used for transport of more than two prisoners, unless extreme exigent circumstances exist. d. Vans may be utilized only by uniformed members who are Department qualified twelve passenger van operators (see A.G. 320-16, "Driver Training"). RELATED PROCEDURES Vacation Policy (P.G. 203-19) Community Policing Duties And Responsibilities (P.G. 212-63) Ranking Officer Vacation (A.G. 304-06) Driver Training (A.G. 320-16) FORMS AND REPORTS UNMARKED VEHICLE UTILIZATION LOG (PD571-1413) P.G. 212-63 Community Policing Duties And Responsibilities Date Effective: 08/01/13 PRECINCT COMMANDING OFFICER 1. Inspect Beat Books periodically. 2. Regularly confer with community leaders, residents, and business persons to ensure viability of community policing effort at the command. 3. Ensure that community policing unit members are not routinely utilized as backfill for other precinct assignments. 4. Ensure that Department vehicles assigned to the precinct community policing unit are utilized in accordance with specified Department guidelines. 5. Ensure that Department mandates, as they relate to community policing, are carried out. 6. Ensure that utilization of community policing unit personnel is in accordance with specified guidelines. 7. Obtain approval for all requests for community policing programmatic overtime, through channels, from the Resource Management Section, Patrol Services Bureau. 8. Supervise and evaluate performance of all members assigned to the community policing unit. 9. Ensure that community policing officers and sergeants are assigned to out of precinct detail assignments commensurate with the number performed by other specialized precinct units and personnel. 10. Ensure that community policing officers periodically stand roll call with the outgoing platoon, when practical, and as not to interfere with ongoing programs and operations. 11. Act as chairperson for Precinct Management Team (PMT) meetings. 12. Prepare monthly evaluation report and submit, through channels. a. Include observations as to the unit's effectiveness, impact on precinct's overall efforts, information that cannot be quantified numerically (i.e., inter-agency actions that improves conditions), and current training needs. 13. Ensure that community policing sergeants are assigned a number of precinct communications consistent with other precinct supervisors. 14. Include the community policing unit in the precinct self-inspection procedures. 15. Review integrity control officer's self-inspection reports. 16. Forward a copy of self-inspection report to the Commanding Officer, Borough Investigations Unit for review and comment. 17. Cause a CENTRAL PERSONNEL INDEX BACKGROUND REQUEST (PD449-160) to be made for ALL members prior to assignment to the community policing unit. 18. Maintain supervisory level of approximately one sergeant to ten police officers. 19. Exempt community policing sergeants from "desk and/or patrol" coverage. 20. Do not utilize community beat officers as backfill for sector manning needs, except as follows: a. Major holidays (Christmas, Thanksgiving, etc.) b. Major emergencies. emergency). (Minimum manning does not necessarily constitute an INTEGRITY CONTROL OFFICER 1. Be thoroughly familiar with the efforts and programs of the community policing unit. 2. Inspect, sign, and evaluate the ACTIVITY LOG (PD112-145) of all community policing unit sergeants quarterly. 3. Visit community policing officers and sign their ACTIVITY LOG at least once a month. 4. Conduct random, confidential observations of community policing officer's activity. 5. Randomly follow up on crime prevention surveys to prevent improper referrals. 6. Monitor return roll call of community policing unit members. 7. Randomly attend meetings scheduled by community policing unit members. 8. Verify that utilization of Department vehicles assigned to the precinct community policing unit is within Department guidelines by certifying the Vehicle Utilization Log once a month. 9. Conduct at least one conferral per beat each month with either a resident or business person. Record results on CPO EVALUATION WORKSHEET (PD351-140H). 10. Conduct self-inspections quarterly. SPECIAL OPERATIONS LIEUTENANT 1. Become thoroughly familiar with the operations and administration of the community policing unit. 2. Supervise sergeants assigned to the community policing unit. 3. Monitor field performance of personnel assigned to community policing unit, and personally observe precinct conditions. 4. Ensure tours of duty performed by community policing sergeants maximize supervision of unit members. 5. Inspect records and logs of community policing unit and personnel. Inspect and sign Beat Books monthly. 6. Ensure collaborative effort between community policing unit and other specialized units in the precinct. 7. Confer with platoon commanders to ensure coordination of effort among all precinct members. 8. Inspect and sign ACTIVITY LOGS of sergeants assigned to the community policing unit once a month. 9. Review, for approval, work schedules for all community policing unit members. a. Approve all tour changes on weekly administrative roll call. 10. Ensure that all members of the community policing unit receive required Department training. 11. Attend precinct community council, community board, and similar meetings, as directed by the commanding officer. 12. Be cognizant of community crime trends and quality of life conditions, allocating resources to address these concerns. 13. Attend Precinct Management Team (PMT) meetings. 14. Monitor field training function at the command. COMMUNITY POLICING UNIT SERGEANT 1. Conduct daily roll call of community policing officers. 2. Coordinate the activities of community policing officers with the other members of the command. 3. Prepare work schedules for subordinates, based on strategies to address identified beat conditions. 4. Assist officers with their activities involving other Department units and governmental agencies. 5. Supervise officers in the performance of their duties. 6. Supervise the crime analysis and beat planning activities of community policing officers, and maintain unit records. 7. Confer with precinct field training sergeants to determine deployment of probationary police officers to beat areas. 8. Evaluate the performance of community policing officers, under the supervision of the precinct commanding officer, in a manner that is reflective of the duties performed by the officers. 9. Inspect Beat Books during the third (3rd) week of each month. 10. Attend Precinct Management Team (PMT) meetings. 11. Monitor level of unit's effectiveness by conducting conferrals with community residents or business persons. (Two contacts per month for each beat officer actually assigned under the sergeant's direct supervision). a. Maintain a file system to record results of interviews, captioned to include: DATE BEAT #/OFFICER NAME/BUSINESS ADDRESS REMARKS NAME OF SUPV. CONDUCTING INTERVIEW 12. Meet with all primary community leaders listed in each police officer's Beat Book. 13. Regularly attend community meetings, as appropriate. 14. Ensure that all scheduled "off-patrol" meetings are entered in the community policing unit diary and administrative roll call, for inclusion on the precinct Automated Roll Call System (ARCS) roll call as "post changes." 15. Verify "off-patrol" time entered in the unit diary. 16. Maintain a master file of all active community groups/persons at the unit office. 17. Pursuant to training by the Community Affairs/Crime Prevention Section, randomly accompany subordinate officers on several surveys to ensure that the officer is capable of performing routine residential surveys. 18. Upon receipt of the residential survey, a serial number, beginning with the number one (001) for the first survey of the year, shall be assigned, and information recorded chronologically in a Department Record Book, captioned as follows: SERIAL # DATED CONDUCTED OWNER/ OCCUPANT ADDRESS DATE REMARKS DELIVERED ASSIGNED OFFICER BEAT a. Forward surveys to crime prevention officer for review and approval. 19. Upon receipt of the approved survey, have one copy made to be maintained in a secure file. a. The original will be hand delivered to the resident. 20. Verify entries in the vehicle utilization log. 21. Ensure that unit telephone answering machines are functioning and engaged at all times. The recorded announcement will be a proper, businesslike message. 22. Report to the desk officer for entry in the Interrupted Patrol Log upon entering and leaving the stationhouse. 23. Periodically perform unannounced tours, as appropriate, in order to determine the level of performance of unit members. 24. Be responsible for the supervision and evaluation of the police cadets assigned to their respective units. 25. Perform duty in uniform. 26. Perform other duties as directed by the precinct commanding officer. COMMUNITY BEAT OFFICER 1. Patrol the beat area in a manner which strengthens the lines of communication with the area residents, as well as preventing crime and delinquency. 2. Regularly confer with residents and business persons within the beat area to determine the nature and extent of crime and order maintenance problems of concern to the community. 3. With the assistance of the precinct crime analyst, conduct crime analysis studies of beat area. 4. Confer, on a regular basis, with precinct personnel regarding the development and implementation of tactical strategies for addressing crime and order maintenance problems within the beat area. 5. Attend Precinct Management Team (PMT) meetings, as directed. 6. Coordinate activities with other members assigned to the precinct (i.e., sector, anti-crime, youth officer, etc.) in the development of strategies to address crime and order maintenance problems within the beat area. 7. Initiate contact with other Department units and governmental agencies, as appropriate, regarding strategies to address beat conditions, and render assistance, as necessary. 8. Maintain the Beat Book, as directed, keeping all sections current and updated. 9. Maintain contact with existing citizen's groups in the beat area, working with them on the design, implementation, and evaluation of neighborhood crime prevention programs. 10. Conduct public education programs on crime prevention specifically geared toward community groups within that beat area. 11. Attend community meetings as a police resource person. 12. Confer with the precinct crime prevention officer, conduct residential surveys and make recommendations to improve physical security. Members will utilize ONLY the CPO RESIDENTIAL BURGLARY PREVENTION CHECKLIST (PD351-140). No substitutes are permitted. 13. Contact crime victims within beat area and counsel them on methods to avoid being victimized in the future. Contacts should be made as appropriate and determined at the local level. Conferrals will be documented on the rear of the community policing unit copy of the COMPLAINT REPORT (PD313-152). 14. Contact officials from all schools in beat area and discuss problems connected with the schools. a. Take necessary action to correct problems, when appropriate. 15. Document all "off-patrol" time: a. Make ACTIVITY LOG entry, and notify Communications Division, prior to any "off-patrol" time, except under exigent circumstances. b. Notify community policing sergeant of all scheduled "off-patrol" time for entry in the community policing unit diary and ACTIVITY LOG. c. Notify the community policing unit office, or, if unattended, the desk officer, when there is unscheduled off-patrol" time of more than a short period. Receiving member will notify the desk officer, who will make an appropriate entry on the desk copy of the administrative roll call. d. Members assigned to the community policing unit will report to the desk officer for entry in the Interrupted Patrol Log when entering and leaving the stationhouse. 16. Perform other duties as directed by the community policing unit supervisor. COMMUNITY POLICING UNIT COORDINATOR 1. Become familiar with each community policing officer's community contacts and ongoing programs. 2. Attend meetings as appropriate and directed by community policing sergeant. 3. Act as a liaison between community policing officers and outside agencies, when necessary, to avoid duplication of effort. 4. Return messages for community policing sergeant and officers when they are not available. 5. Act as community policing sergeant's vehicle operator. 6. Assist community policing sergeant in coordinating both the unit's and officer's activities. 7. Substitute for the community policing office clerical assistant when necessary. 8. Provide transportation for community policing officers when directed by immediate supervisor. 9. Maintain vehicles assigned to the community policing unit. 10. Maintain vehicle utilization logs assigned to unit vehicles. 11. Report to the desk officer for entry in the command log when leaving the stationhouse if a community policing sergeant is not working. 12. Perform other duties as directed by the community policing sergeant. COMMUNITY POLICING UNIT CLERICAL ASSISTANT 1. Answer telephones in community policing office. 2. Monitor answering machines and deliver messages to members of the unit. 3. Inform community policing supervisor or coordinator of messages, as appropriate, if affected community police officer is unavailable. 4. Return messages when appropriate. 5. Prepare, after supervisory approval, the administrative roll call. a. All adjustments occurring after initial preparation will be noted on this form, as appropriate, and kept current. 6. Supply one copy of the administrative roll call, with any adjustments noted, to precinct roll call personnel on a daily basis, for chronological filing in an appropriate binder at the desk. 7. Collect all COMPLAINT REPORTS (PD313-152) from previous day (s), and distribute to appropriate community policing officer. a. Submit COMPLAINT REPORTS to unit supervisor or coordinator, as appropriate, if community policing officer is not available. 8. Perform other clerical duties relative to the community policing unit office. NOTE: Unit clerical assistant will not be routinely used for other duties. RELATED PROCEDURES Community Policing Unit - General Guidelines (P.G. 212-62) FORMS AND REPORTS ACTIVITY LOG (PD112-145) CENTRAL PERSONNEL INDEX BACKGROUND REQUEST (PD449-160) COMPLAINT REPORT (PD313-152) CPO EVALUATION WORKSHEET (PD351-140H) CPO RESIDENTIAL BURGLARY PREVENTION CHECKLIST (PD351-140) P.G. 212-64 Vehicle Checkpoints Date Effective: 08/01/13 PURPOSE To establish the criteria by which members of the service can conduct a safe, legal, and effective vehicle checkpoint program. SCOPE A vehicle checkpoint is a site on a roadway designated by the commanding officer of a patrol borough, [I.O. 1 s 11] Traffic Operations District, precinct, police service area, transit district, highway district/unit, or task force, which is overseen by uniformed personnel. Motor vehicle operators are stopped here in a nonarbitrary manner (e.g., every third vehicle, etc.), as directed by the commanding officer on a VEHICLE CHECKPOINT FORM (PD371-143). Unlike routine car stops, police officers are not required to articulate an individualized suspicion for each vehicle stopped pursuant to a vehicle checkpoint. Vehicle checkpoints must be set up to include adequate warnings to motorists of their existence. Uniformed members of the service assigned to the checkpoint may lawfully establish reasonable temporary restrictions on movement of vehicles in order to facilitate the flow of vehicular traffic through the checkpoint (e.g., prohibit parking, standing, stopping, or turning, etc.) by such means as signs, barriers, traffic cones, etc. A motorist who violates these temporary restrictions or any other traffic rule may similarly be stopped. An example would be a motorist, who after entering a checkpoint, attempts to avoid it by backing his/her vehicle out. It should be emphasized that motorists who avoid a checkpoint by lawful means may not be stopped. If police have not blocked off a side street within a checkpoint, and a motorist turns down it, the motorist may not be stopped unless another lawful reason exists to stop the motorist. PROCEDURE Whenever a vehicle checkpoint is to be established: COMMANDING OFFICER CONCERNED 1. Establish vehicle checkpoints for the primary purpose of a DWI check or vehicle safety check. Vehicle checkpoints for all other purposes other than in emergency circumstances cannot be conducted without prior written approval from the Deputy Commissioner, Legal Matters. 2. Prepare VEHICLE CHECKPOINT FORM. 3. Ensure the VEHICLE CHECKPOINT FORM is affixed to the interior right side of a legal size manila file folder. 4. Give the directive and file folder to the supervisor in charge of the checkpoint and discuss tactics and safety concerns. 5. Ensure that safety equipment is utilized when warranted and ordered from the Quartermaster Section, when necessary. NOTE: If the vehicle checkpoint is established by a command other than a precinct, the commanding officer concerned shall confer with the precinct concerned before implementing the checkpoint. SUPERVISOR IN CHARGE OF CHECKPOINT 6. Comply with the captions on the VEHICLE CHECKPOINT FORM as completed by the commanding officer. 7. Discuss tactics, including appropriate and lawful questioning techniques, and apprise personnel of the primary purpose of the operation. 8. Ensure personnel are familiar with and have reviewed the contents of the VEHICLE CHECKPOINT FORM as provided by the commanding officer. 9. Remain at the checkpoint location for the entire operation. NOTE: Supervisors in charge of vehicle checkpoints are reminded that the safety of the public and members of the service is paramount. Reflective vests or luminous traffic belts are to be worn during hours of darkness. Additionally; safety equipment, including turret lights, flares, traffic cones, signs, and/or barriers will be utilized to enhance safety and to warn motorists of the existence of the checkpoint. 10. Utilize at least two Department vehicles while conducting the checkpoint and employ appropriate safety equipment. 11. Assign a "point person", in the rank of police officer, whose sole responsibility is to maintain the commanding officer's established procedure for stopping vehicles and to advise the vehicle operators that their vehicles are being stopped, and the reason why. UNIFORMED MEMBER OF THE SERVICE ASSIGNED TO CHECKPOINT 12. Stop vehicles as directed by the supervisor in charge of the vehicle checkpoint. NOTE: After stopping a vehicle, it is permissible to request the driver's license, registration, and insurance card. It is also permissible to conduct a license and VIN check. The VIN check must be conducted from the outside of the car. Reaching inside the car to uncover the VIN plate is not permitted even if the VIN plate is covered or obstructed; however, the member may request that the motorist uncover the VIN plate. Additionally, the driver's failure to produce a license or insurance card does not provide the basis to enter the car and conduct a further search. However, the driver's failure to produce a license or insurance card does allow for the issuance of a summons or other appropriate enforcement action. If the documentation produced is appropriate, the driver must be allowed to proceed unless reasonable suspicion is developed during the stop. 13. Take summary action, when necessary. 14. Record the identity (e.g., name, address, telephone, etc.) and statements of witnesses in ACTIVITY LOG (PD112-145), whenever an arrest is made in connection with a vehicle checkpoint. NOTE: If as a result of the vehicle checkpoint, an arrest is effected, the VEHICLE CHECKPOINT FORM prepared for that particular vehicle checkpoint shall be reproduced for the District Attorney's Office. SUPERVISOR IN CHARGE OF CHECKPOINT 15. Ensure that a record is kept of: a. The number of summonses issued; b. The number of arrests made; c. The number of vehicles stopped; and d. Any other information relevant to the checkpoint. 16. Complete the remaining sections of the VEHICLE CHECKPOINT FORM at the conclusion of the vehicle checkpoint. 17. Record other pertinent information in ACTIVITY LOG. 18. Deliver the completed file folder to the commanding officer of command conducting checkpoint. a. Vehicle checkpoints will be sequentially numbered beginning with the number one at the beginning of each calendar year. b. Forward copy of VEHICLE CHECKPOINT FORM to commanding officer, precinct concerned. CLERICAL STAFF 19. Maintain files as per Department retention schedule. ADDITIONAL DATA In case of inclement weather the supervisor in charge may cancel the vehicle checkpoint. Furthermore, traffic congestion and other risk factors may also be taken into consideration when determining whether or not a checkpoint should remain in place. In any event, regardless of conditions, a vehicle checkpoint should not exceed two hours at a location. Commanding officers may draft specific procedures for vehicle checkpoints that meet the needs of their command, using this general procedure as a guide. When appropriate, written material such as flyers, or pamphlets related to the purpose of the checkpoint shall be distributed to motorists who are stopped. FORMS AND REPORTS ACTIVITY LOG (PD112-145) VEHICLE CHECKPOINT FORM (PD371-143) P.G. 212-65 Bicycle Patrol Date Effective: 08-19-13 PURPOSE To inform members of the service of the procedures to be followed when performing bicycle patrol. SCOPE All precincts, police service areas, Patrol Borough Task Forces, and the Chief of Transportation are authorized to establish a bicycle patrol. ALL Patrol Boroughs, the Chief of Transportation, and the Housing Bureau will designate a Bicycle Coordinator. PROCEDURE To perform bicycle patrol: COMMANDING OFFICER 1. Select volunteer members of the service within the command to perform bicycle patrol. 2. Ensure that bicycles and related equipment usage are maximized. 3. Select a community policing supervisor/counterpart to act as the bicycle coordinator. MEMBER ASSIGNED TO BICYCLE PATROL 4. Perform bicycle patrol, with the approval of an immediate supervisor. 5. Prior to performing bicycle patrol, all bicycles will be inspected using the following ABC-QUICK CHECK: a. Air pressure b. Brakes c. Crank d. QUICK release levers e. CHECK with brief ride 6. Notify immediate supervisor, or if not available, the desk officer/counterpart if bicycle requires repair or should not be utilized (i.e., unsafe, damaged, etc.). NOTE: An ACTIVITY LOG (PD112-145) entry regarding the condition of the bicycle will be made at the start of the tour. 7. Bicycle helmet, luminous vest and shatter-proof protective eye gear will be worn at all times while operating a Department bicycle in uniform. 8. Except in emergency situations, the Vehicle and Traffic Laws will be obeyed at all times. BICYCLE COORDINATING SUPERVISOR 9. Deploy members of the service on bicycle patrol except when the following conditions exist: a. Rain, snow, sleet, heavy fog or any precipitation causes the ground to become slippery b. Patches of snow or ice remain from previous storms c. High winds interfere with the control of the bicycle d. Temperature is above 95 degrees or below 32 degrees Fahrenheit. NOTE: If bicycle coordinating supervisor is unavailable, the desk officer/counterpart will deploy bicycles to members of the service. 10. Perform supervisory duty on bicycle, if practical. 11 Ensure that bicycles are clearly marked with the command number followed by the bicycle number (e.g., 103 PCT, 1). a. Bicycle number is to be affixed on both sides of the fork (facing downward) below the front brake cantilever. b. Command designation is to be affixed at the top of the down tube on both sides. c. Numerals are one and one quarter inch block numbers, white in color. d. Requests for these stickers will be made to the respective patrol borough/bureau bicycle coordinator concerned. 12. Establish and maintain a Bicycle/Equipment Log Book divided into four sections as follows: a. List of trained members of the service b. Equipment and distribution including serial numbers of all bicycles, date the bicycles were received, and the date condemned. Indicate next to each bicycle number whether community donated or Department purchased. c. Bicycles needing repairs, person contacted, date sent out for servicing and date returned. d. A sign-in/sign-out of equipment and bicycles for use by authorized bicycle patrol personnel. 13. Ensure that bicycles utilized are listed on the A.R.C.S. Roll Call (e.g., Beat #1, bike #103-1). 14. Designate a member of the service to perform minor repairs and adjustments, not to exceed one hour per day, on bicycles assigned to the command. NOTE: Only members of the service that have received the advanced one day repair training course given by the Police Academy Driver Education and Training Unit are to be assigned. 15. Inspect members of the service and their bicycles for proper uniform and equipment, prior to leaving the command facility. a. If not available, the inspection will be done by the desk officer or counterpart. 16. Prepare monthly Bicycle Patrol Activity Reports and forward to the special operations lieutenant/counterpart for review by the seventh day of each month. 17. Schedule repair dates with the appropriate designated repair facility. 18. Report damaged, lost or stolen Department bicycles and equipment to the operations coordinator/counterpart and comply with P.G. 219-20 "Loss Or Theft Of Department Property." NOTE: A copy of the equipment distribution and serial numbers for all bicycles will be forwarded to the Patrol Borough, the Chief of Transportation, or Housing Bureau Bicycle Coordinator. Lost/stolen bicycles and equipment will be reported as per P.G. 219-20, "Loss or Theft of Department Property." A member of the service who is involved in an collision and/or is injured shall comply with the applicable Patrol Guide procedures. A bicycle involved in a collision will not be put into service until it is inspected by the Police Academy Driver Education and Training Unit and returned to service. Copies of all information regarding bicycle collisions will be forwarded to the Police Academy Driver Education and Training Unit. An additional copy will be forwarded to the Bureau concerned (Patrol Services or Housing). SPECIAL OPERATIONS LIEUTENANT/COUNTERPART 19. Oversee operation of the bicycle patrol for anti-crime, community policing and auxiliary police. 20. Confer with the commanding officer to maximize utilization of equipment (e.g., search for missing persons, quality of life conditions, robbery patterns, traffic enforcement operations, etc.). 21. Review Bicycle Patrol Activity Report, confer with the commanding officer, and forward Bicycle Patrol Activity Report to the Patrol Borough by the tenth day of each month. a. Police Service Areas will forward their activity reports to the Housing Bureau. 22. Coordinate, through the Patrol Borough or the Housing Bureau Bicycle Coordinator (as appropriate), bicycle training for uniformed members of the command, as needed. NOTE: Chief of Transportation will coordinate bicycle training through the Chief of Patrol's Resource Management Section, Professional Development Unit. ANTI-CRIME UNIFORMED MEMBER OF THE SERVICE 23. Perform duty on nondescript bicycles as directed by the anti-crime supervisor. 24. Conduct a safety inspection of a Department approved bicycle utilizing the ABC-QUICK CHECK and make ACTIVITY LOG (PD112-145) entries regarding the condition of the bicycle. 25. Notify immediate supervisor if a bicycle requires repair or should not be utilized (e.g., unsafe, damaged, etc.). If immediate supervisor is not available, notify the desk officer. NOTE: Minor repairs to unmarked bicycles should be performed by the member of the service designated at the command. Nondescript bicycles, which cannot be repaired, will be discarded in accordance with A.G. 325-03 "Department Property - Disposal of Non-Expendable." 26. Nondescript helmet, protective vest and eye gear will be worn. ANTI-CRIME CRIME SUPERVISOR 27. Supervise the utilization of nondescript bicycles by members assigned to anti-crime and confer with the commanding officer regarding their use. NOTE: Nondescript bicycles will be acquired through the Property Clerk, as conversion property, in accordance with A.G. 313-04 "Use of Property (Other Than Vehicles) Held by Property Clerk." Prior to performing duties on property conversion bicycles, the command concerned must have the bicycles inspected by the Police Academy Driver Education and Training Unit. Scheduling of the inspection of these bicycles will be coordinated through the Patrol Borough Coordinator. 28. Ensure that members of the service utilizing Department bicycles conduct a safety inspection prior to use. 29. Maintain a list of the bicycles and serial numbers utilized by the anti-crime. 30. A copy of this list will be provided to the Patrol Borough or Housing Bureau Bicycle Coordinator, as appropriate. PATROL BOROUGH/BUREAU BICYCLE COORDINATOR 31 Notify subordinate commands regarding pertinent matters relating to bicycle patrol. 32. Establish and maintain a current listing of the bicycle coordinators within subordinate commands. 33. Collect and consolidate Bicycle Patrol Activity Reports and forward reports to the commanding officer for review. 34. Maintain, order, receive and distribute equipment for subordinate commands. 35. Ensure that, on a yearly basis, all Department bicycles within the command have been inspected by conferring with the bicycle coordinators of subordinate commands. a. Scheduling for repairs and inspections should not deplete a commands' fleet of bicycles. NOTE: Patrol boroughs and Chief of Transportation will forward a consolidated Bicycle Patrol Activity Report to the Operational Development Unit, Chief of Patrol, by the fifteenth day of each month. Police Services Areas will forward consolidated Bicycle Patrol Activity Reports to the Housing Bureau Coordinator. ADDITIONAL DATA Once a year, all Department bicycles will be fully inspected by the Police Academy's Driver Education and Training Unit. The repair personnel will also conduct these inspections during any period of repair and make a notification to the command concerned when such an inspection is conducted. Records of inspections and repairs will be kept by the Police Academy's Driver Education and Training Unit and at the command concerned. When repairs are needed, the coordinating supervisor will contact the Police Academy's Driver Education and Training Unit. ALL commands will have their bicycles repaired at: Academy's Driver Education and Training Unit Floyd Bennett Field Bldg #4 Brooklyn, NY 11234 (718)-377-6323 RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Vehicle Collisions - General Procedure (P.G. 217-01) Lost or Theft of Department Property (P.G. 219-20) Department Property - Disposal of Non-Expendable (A.G. 325-03) Use of Property (Other than Vehicles) Held by Property Clerk (A.G. 313-04) FORMS AND REPORTS ACTIVITY LOG (PD112-145) Bicycle Patrol Activity Report P.G. 212-66 Mayor's Executive Order No.'s 34 & 41, City Policy Concerning Confidential Information And Immigrant Access To City Services Date Effective: 08-01-13 1. Mayor's Executive Order No. 34 of 2003 has been amended by Mayor's Executive Order No. 41 of 2003, which reaffirms the City's policy of providing essential services to all residents regardless of immigration status, while complying with Federal law that affirms the City may not prohibit its employees from providing information to the U. S. Bureau of Immigration and Customs Enforcement (Title 18 U.S.C. § 1373 [a]). Mayor's Executive Order No. 41 also adds new categories of confidential information, which may not be disclosed except under the circumstances outlined below. In addition, under Executive Order No. 41 it continues to be the policy of the New York City Police Department not to inquire about the immigration status of crime victims, witnesses, or others who call or approach the police seeking assistance. It is incumbent upon the Department to maintain the trust and confidence of all who depend on the services of the Police Department for their safety. DEFINITIONS CONFIDENTIAL INFORMATION – Any information obtained and maintained by a City agency relating to an individual's sexual orientation, status as a victim of domestic violence, status as a victim of sexual assault, status as a crime witness, receipt of public assistance, or immigration status, and shall include all information contained in any individual's income tax records. FOREIGN NATIONAL- Any person who is not a citizen or national of the United States. 2. Infurtherance of the amended Executive Order, confidential information in the possession of City agencies relating to immigration status or other personal or private attributes should be disclosed only as provided herein: DISCLOSURE OF INFORMATION No member of the service shall disclose confidential information, unless: a. Such disclosure has been authorized in writing by the individual to whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by such individual's parent or legal guardian; or b. Such disclosure is required by law; or c. Such disclosure is to another City officer or employee and is necessary to fulfill the purpose or achieve the mission of any City agency; or d. In the case of confidential information other than information relating to immigration status, such disclosure is necessary to fulfill to purpose or achieve the mission of any City agency; or e. In the case of information relating to immigration status, (i) the individual to whom such information pertains is suspected by such officer or employee or such officer's or employee's agency of engaging in illegal activity, other than mere status as an undocumented foreign national or (ii) the dissemination of such information is necessary to apprehend a person suspected of engaging in illegal activity, other than mere status as an undocumented foreign national or (iii) such disclosure is necessary in furtherance of an investigation of potential terrorist activity. NOTE: Any member of the service with a question relating to this disclosure of confidential information under this section shall consult with the Legal Bureau. 3. The following guidelines pertaining to inquires regarding foreign nationals shall be adhered to: INQUIRIES REGARDING FOREIGN NATIONALS: UNIFORMED MEMBERS OF THE SERVICE/PEACE OFFICERS Shall not inquire about a person's immigration status unless investigating illegal activity other than mere status as an undocumented foreign national a. Uniformed members of the service/peace officers shall continue to cooperate with federal authorities in investigating and apprehending foreign nationals suspected of criminal activity. CIVILIAN MEMBERS OF THE SERVICE (OTHER THAN PEACE OFFICERS) Shall not inquire about a person's immigration status unless: a. Such person's immigration status is necessary for the determination of program, service or benefit eligibility or the provisions of City services; or b. Such officer or employee is required by law to inquire about such person's immigration status. ADDITIONAL DATA In cases when a foreign national has been arrested for a criminal offense, it is the policy of the New York City Police Department to provide notification of such arrest to the U.S. Bureau of Immigration and Customs Enforcement. Such notification will be made by the Intelligence Bureau, based on data retrieved from the On Line Booking System (OLBS). When preparing the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD 244-159) it is imperative that an arresting officer ask the arrestee his/her citizenship status. If the arrestee indicates that he/she is not a citizen, the arresting officer should indicate same by checking "No" in the box captioned "U. S. Citizen." Additionally, the arresting officer should question the arrestee regarding his/her country of birth. An entry should then be made in the box captioned "State/Country of Birth." FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD 244-159) P.G. 212-67 Police/Clergy Program Date Effective: 08/01/13 PURPOSE To formalize police/clergy cooperation; provide instruction and direction to both police and clergy; and to aid the Department in its effort to advance the concept of Community Policing. DEFINITIONS POLICE/CLERGY LIAISONS - designated members will be available to assist the Department in: (1) Maintaining calm. (2) Seeking cooperation from the community during and after emergencies such as bias incidents, hostage cases, and emotionally disturbed person situations. (3) Acting as unofficial recruiters, urging young people in their congregations to seek careers with the Police Department. (4) Attending appropriate events (e.g., Precinct Community Council meetings, Youth Councils, etc.). POLICE/CLERGY VOLUNTEERS - will be selected by precinct commanders, in numbers based upon the individual precinct needs. These volunteers will function within precinct boundaries and will perform duties as recruiters, advisers and as a bridge between the community and the precinct. PROCEDURE When a vacancy occurs in the Police/Clergy Program: PRECINCT COMMANDER 1. Notify Chief, Community Affairs, in writing, as to cause of vacancy, i.e., retirement, transfer, inactivity of member, etc. 2. Nominate a member of the clergy to fill vacancy utilizing nomination form (see "ADDITIONAL DATA"). 3. Forward nomination to Deputy Commissioner-Community Affairs, through channels. NOTE: Nominations should not exceed more than five per precinct. Deputy commissioners and bureau chiefs may also make nominations direct to the Deputy Commissioner-Community Affairs. 4. Direct the maintenance of a log, in appropriate Department record book, listing all recruited and selected clergy, both liaisons and volunteers, captioned as follows: TITLE FIELD TELEPHONE RELIGIOUS TIMES LANGUAGES OTHER NAME/ NUMBERS ADDRESS INSTITUTIONS AVAILABLE SPOKEN QUALIFICATIONS NOTE: A list of the clergy participating in the program will be forwarded to the Community Affairs Division. POLICE/CLERGY REVIEW COMMITTEE 5. Review nominations. 6. Forward recommendations to the Police Commissioner. DEPUTY COMMISSIONER COMMUNITY AFFAIRS 7. Arrange for issuance of identification card to nominee after approval of Police Commissioner. NOTE: The mere possession of a Police/Clergy Liaison Identification Card does not allow the bearer access to police lines without authorization of the ranking officer in charge. ADDITIONAL DATA SAMPLE NOMINATION FOR POLICE/CLERGY PROGRAM POLICE DEPARTMENT CITY OF NEW YORK Date From: To: Subject: Commanding Officer, _________________________________________ Deputy Commissioner - Community Affairs (through channels) POLICE/CLERGY LIAISON PROGRAM NOMINATION The undersigned hereby nominates the below named individual for the Police/Clergy Liaison Program: Full Name: ______________________________ Title: _________________________ Religious Affiliation: ________________ Denomination: ___________________ Address of Institution: __________________________________________________ City: ___________________ State: _______________ Zip Code: _______________ Home Address: ____________________________________________________________ City: ___________________ State: _______________ Zip Code: _______________ Mailing Address (if different from above): _______________________________ City: ___________________ State: _______________ Zip Code: _______________ Home Phone: (_____)____-____Religious Institution Phone: (_____)_____-____ Alternate Phone (beeper, cell phone, work, etc.): ________________________ Date of Birth ____/____/______ Social Security Number: _____-____-_______ Reason for nomination: ___________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________ For your CONSIDERATION. Rank/Signature P.G. 212-68 Confidential Informants Date Effective: 10-16-13 PURPOSE To register confidential informants for the purpose of developing information for investigations, to record confidential informant activity, and to obtain information from the Confidential Informant Database. DEFINITIONS CONTACT - A uniformed member of the service who has developed a confidential relationship with an informant for the purpose of obtaining criminal intelligence. CONFIDENTIAL INFORMANT - An individual approved by the Department and registered with the Intelligence Bureau who provides useful and credible information to the contact regarding criminal activities, and from whom the contact expects or intends to obtain additional useful and credible information regarding such activities in the future. CONFIDENTIAL INFORMANT REVIEW COMMITTEE - A committee charged with reviewing decisions relating to the registration and use of confidential informants. The Confidential Informant Review Committee shall be chaired by the Chief of Department, and shall be composed of representatives from the Deputy Commissioner, Operations, the Organized Crime Control Bureau (OCCB), the Detective Bureau, the Transit Bureau, the Housing Bureau, the Internal Affairs Bureau (IAB), the Counterterrorism Bureau, the Intelligence Bureau, and the Patrol Services Bureau. The committee will review reports provided by the Intelligence Bureau annually and determine whether and under what conditions an individual should be used as a confidential informant. SCOPE No member will use a confidential informant unless such person is properly registered with the Department as a confidential informant in accordance with this procedure. Use of unregistered informants may result in disciplinary action. All use of the confidential informant must be conducted exclusively through the member of the service designated as the contact, the contact's immediate supervisor, or if they are unavailable, the designated alternate. For the safety of the confidential informant there should be no deviation from this policy without the personal approval of the bureau chief/deputy commissioner of the member of the service designated as the contact. Such an approval will be documented in writing and filed in the confidential case folder. PROCEDURE When a contact develops a confidential relationship with an informant who offers, or proposes to offer, information: CONTACT 1. Notify supervisor immediately. FIELD INTELLIGENCE OFFICER 2. Perform the duties of the supervisor outlined in this procedure, if assigned to the contact's command. SUPERVISOR AND CONTACT 3. Interview informant. 4. Prepare original and one copy of Department form CONFIDENTIAL INFORMANT REGISTRATION/REACTIVIATION REQUEST (PD378-161) and CONFIDENTIAL INFORMANT REGISTRATION / REACTIVATION REQUEST SUPPLEMENTAL (PD378-161A). a. Both forms are available from the Quartermaster Section and/or via the Department intranet and must be typed b. "AUTHENTICATED SIGNATURE CERTIFICATION" and "AUTHORIZING SIGNATURES" sections on CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST must bear original signature only - no photocopies. 5. Conduct computer checks listed on CONFIDENTIAL INFORMANT COMPUTER DATABASE CHECKS (PD314-091), available via the Department intranet, for prospective confidential informants. a. A copy of the results will be attached to the CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST and SUPPLEMENTAL b. The CONFIDENTIAL INFORMANT COMPUTER DATABASE CHECKS and a copy of the results will be included in the command's Confidential Informant folder. 6. Obtain two current, clear head and shoulder color photographs (no hats, sunglasses, etc.) of prospective informant. a. Only color photographs of the prospective informant are acceptable b. Instant or digital photographs may be used c. Criminal defendant, Photo Manager and Photo Imaging Module photographs are not to be utilized for this purpose. SUPERVISOR 7. Attach photographs and required computer checks conducted in step "5" above to the original and one copy of the CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST and SUPPLEMENTAL. 8. Debrief prospective informant concerning: a. Criminal activity reported to the contact b. Seven index crimes, shooting incidents, firearms, controlled substances, marijuana, gangs and other significant criminal activity c. Terrorism related groups, individuals, locations, vehicles involved in terrorist acts, conspiracies, threats, surveillance, financing, lodging, travel, etc. d. Corruption involving any City, State, or Federal employee. 9. Obtain permission from the Assistant District Attorney concerned for registration, if a prospective confidential informant is a defendant in an active criminal case. a. Department personnel assigned to specialty units, (e.g., District Attorney's Office Squad, etc.), who register a confidential informant are NOT exempt from following this procedure. 10. Ascertain from the prospective informant if he or she is, or has been registered as a confidential informant with ANY law enforcement agency. a. If yes, confer with the appropriate law enforcement agency, through the Intelligence Bureau. 11. Direct the prospective informant to: a. Sign the CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST, in your presence b. Refrain from any criminal activity except under the direction and supervision of the Department (e.g., controlled buys, vice enforcement, etc.) c. Notify contact or supervisor immediately if arrested for any offense. 12. Recommend approval/disapproval of the prospective confidential informant by endorsing the CONFIDENTIAL INFORMANT REGISTRATION/ REACTIVATION REQUEST. a. If informant is not recommended for registration, document reason(s) and forward in the same manner (this information may be valuable when considering registration of the individual at a future date). 13. Forward request to Borough/Division Commanding Officer. a. A CONFIDENTIAL INFORMANT REGISTRATION/ REACTIVATION REQUEST initiated by a precinct, police service area, or transit district must be approved by the commanding officer prior to being forwarded to Borough/Division Commanding Officer. BOROUGH/DIVISION COMMANDING OFFICER 14. Review and recommend approval or disapproval by endorsement. 15. Ensure delivery of request (by hand) in a sealed envelope, to the bureau coordinator designated to process requests. BUREAU CHIEF 16. Designate a confidential informant coordinator in the rank of lieutenant or above to process all CONFIDENTIAL INFORMANT REGISTERATION/ REACTIVATION REQUEST(S) and SUPPLEMENTAL(S). BUREAU COORDINATOR 17. Scan informant's photograph and enter appropriate information into the Confidential Informant Database. 18. Review and recommend approval or disapproval by endorsement. 19. Forward to bureau chief. 20. Ensure appropriate information contained in CONFIDENTIAL INFORMANT INFORMATION CHANGE, ACTIVITY AND PAYMENT (PD378-083) reports are entered into the Confidential Informant Database. BUREAU CHIEF 21. Evaluate recommendations. 22. Give final approval/disapproval for registration and inclusion in Confidential Informant Database. 23. Notify bureau coordinator designated to process requests, of results. BUREAU COORDINATOR 24. Upon approval/disapproval by bureau chief, distribute CONFIDENTIAL INFORMANT REGISTRATION/ REACTIVATION REQUEST and SUPPLEMENTAL as follows: a. Original to bureau file with photograph b. One copy to contact/supervisor with photograph (maintained in Confidential Informant folder). 25. Notify commanding officer of contact of approval/disapproval by telephone. 26. Maintain active file of informants with separate folder for each informant. 27. Designate specific members who have access to folders in active file and designate specific folder(s) to which they have access. 28. Forward a listing of confidential informants to commanding officers of subordinate commands on a quarterly basis. a. Bureaus that do not permanently register confidential informants (e.g., Patrol, Transit, and Housing) are exempt from this requirement. TO MONITOR THE STATUS OF CONFIDENTIAL INFORMANTS REGISTERED WITH THIS DEPARTMENT: SUPERVISOR AND CONTACT 29. Maintain file of active, registered informants, with separate folders for each informant, in a centrally located, secure, locked file. 30. Maintain file for those informants: a. Not recommended for registration b. Deactivated as per step "34" below. 31. Ensure security of all folders. 32. Require contacts to submit written reports on CONFIDENTIAL INFORMANT INFORMATION CHANGE, ACTVITY AND PAYMENT for each interaction with an informant and file in the informant's folder. a. If information supplied by the informant is used, include an evaluation of the quality and accuracy of that information in the report. 33. Forward a copy of report to designated bureau coordinator for entry into the Confidential Informant Database. 34. Deactivate a confidential informant if the confidential informant: a. Becomes involved with criminal activity while not under the direction and supervision of the contact or supervisor and such involvement compromises the informant's ability to function as a confidential informant for this Department; OR b. Is found to have been untruthful or if there is reason to suspect that the informant has been untruthful in information related to his or her confidential informant function; OR c. Has not maintained regular/scheduled contact. 35. Prepare Typed Letterhead containing the details of the incident, and forward to the bureau chief concerned immediately when notified that a confidential informant has been arrested. 36. Submit quarterly reviews of active confidential informants using the CONFIDENTIAL INFORMANT INFORMATION CHANGE, ACTIVITY AND PAYMENT and forward to bureau coordinator. a. Include confidential informants deactivated during the review period. INTELLIGENCE BUREAU 37. Any changes to the confidential informant's status will be recorded on a CONFIDENTIAL INFORMANT INFORMATION CHANGE, ACTIVITY AND PAYMENT report and reported to the bureau chief concerned through channels. a. The bureau coordinator will enter the information into the Confidential Informant Database. 38. Restore a deactivated informant to active file when appropriate: a. Re-interview and process b. Reassign previous active file identification number. 39. Using facial recognition software, scan photograph to determine if the confidential informant currently exists in the database under a different identity, and to see if the confidential informant is actively registered with the Department. a. If the confidential informant is actively registered, notify appropriate bureau b. If the confidential informant is in the database, but not actively registered, forward all relevant information to the appropriate bureau. 40. Maintain Confidential Informant Database. 41. Provide database reports to Confidential Informant Review Committee upon request. TO OBTAIN THE SERVICES OF A CONFIDENTIAL INFORMANT DURING THE COURSE OF AN OFFICIAL INVESTIGATION: UNIFORMED MEMBER OF THE SERVICE 42. Prepare CONFIDENTIAL INFORMANT DATABASE INQUIRY (PD378-162) for signature of commanding officer, addressed to Commanding Officer, Intelligence Bureau, requesting a search of the database for a confidential informant who may be of assistance in an official investigation. 43. Fax CONFIDENTIAL INFORMANT DATABASE INQUIRY to the Intelligence Bureau. a. The requesting officer MUST make telephone contact with the Intelligence Bureau verifying receipt of the form and record this verification in the Telephone Record noting the rank, and name of Intelligence Bureau member acknowledging receipt b. The original CONFIDENTIAL INFORMANT DATABASE INQUIRY form MUST be forwarded to the Intelligence Bureau within twenty-four hours via Department mail c. Requesting commands will maintain a log of all CONFIDENTIAL INFORMANT DATABASE INQUIRY(S) forwarded to the Intelligence Bureau. INTELLIGENCE BUREAU 44. Conduct search of Confidential Informant Database. a. If search reveals a potentially useful informant, notify confidential informant's contact and advise of request b. Notify requesting member of the service if search reveals no available confidential informant. CONTACT 45. Confer with appropriate captain from OCCB, the Detective Bureau, Intelligence Bureau or IAB to determine if authorization to use confidential informant will be granted. CAPTIAN, OCCB/DETECTIVE BUREAU/INTELLIGENCE BUREAU/IAB 46. Review request and approve/disapprove, as appropriate. 47. Notify Intelligence Bureau of approval/disapproval. INTELLIGENCE BUREAU 48. Advise requesting member of the service of approval/disapproval to use confidential informant. a. If authorization is granted to use the confidential informant, provide to requesting member the identity and command of the contact. 49. Forward a monthly report to all commands that submitted any CONFIDENTIAL INFORMANT DATABASE INQUIRY. INTEGRITY CONTROL OFFICER 50. Review and inspect entries for accuracy and ensure the integrity of the system by conducting an investigation when warranted, when a monthly report is received, as indicated in step "49" above. UNIFORMED MEMBER OF THE SERVICE 51. Confer with contact to initiate use of confidential informant. INTELLIGENCE BUREAU, INTEGRITY CONTROL OFFICER 52. Conduct monthly audits of requests for the services of confidential informants and confer with the commanding officers of requesting members to ensure the legitimacy of these requests. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS If exigent circumstances exist, a supervisor in the rank of captain or above in the bureau concerned may give permission for provisional registration of a confidential informant. The requesting command is required to immediately fax a copy of the CONFIDENTIAL INFORMANT REGISTRATION /REACTIVATION REQUEST and SUPPLEMENTAL to the Intelligence Bureau. If provisional registration of a confidential informant is approved, the Intelligence Bureau, Public Security Section must be notified to check the Confidential Informant Database to ensure the provisional confidential informant is not previously registered with the Department. This provisional registration does not exempt members of the service from complying with this procedure within seventy-two hours. For priority investigations (e.g., homicides, shootings, serious assaults, etc.), a supervisor in the rank of captain or above may request confidential informant and contact information from the Intelligence Bureau directly by telephone. The form CONFIDENTIAL INFORMANT DATABASE INQUIRY will also be prepared and forwarded to the Intelligence Bureau within twenty-four hours via Department mail for requests made under these circumstances. A supervisor, preferably the immediate supervisor of the contact, will be physically present at all meetings (e.g., debriefings, controlled buys, payments, etc.) between a confidential informant and a contact. The supervisor will review the CONFIDENTIAL INFORMANT INFORMATION CHANGE, ACTIVITY AND PAYMENT report, complete the captions in the "Verifying Supervisor" section and sign the completed report. Whenever a payment is made to a confidential informant, the supervisor will also verify the payment by signing under the appropriate caption in the "Payment" section of the report. A supervisor is not required to attend meetings between members of the Intelligence Bureau and confidential informants registered to the Intelligence Bureau. However, a supervisor will attend such meetings when practicable and in all cases when payment is to be tendered to the confidential informant. OPERATIONAL CONSIDERATIONS FOR PATROL, HOUSING AND TRANSIT BUREAU UNITS Patrol, Housing, and Transit Bureau units may register a confidential informant for a period of no more than thirty days, during which time the informant may be used once. At the end of this thirty day period, the confidential informant will be automatically deactivated in the Confidential Informant Database. However, immediately after employing the services of the confidential informant and prior to the lapse of the thirty day activation period, the Patrol/Housing/Transit Bureau contact will notify their respective bureau confidential informant coordinator regarding the confidential informant's possible use by another Department bureau/unit other than Patrol/ Housing/Transit Bureau commands. The bureau coordinators will consider each confidential informant's field of knowledge, as well as other relevant factors, when determining the appropriate investigative bureau/unit for possible future use. Every effort will be made to refer potentially useful confidential informants to the appropriate investigative unit for further development and future use. Bureaus or units that subsequently register these Patrol/Housing/Transit Bureau confidential informants will do so in strict compliance with the provisions contained in this procedure. Patrol/Housing/Transit Bureau commands may not use the field intelligence officer as the registering supervisor solely to circumvent the thirty day activation and single use limitation contained in the paragraph above. Restrictions and Special Conditions for Registering Confidential Informant: IF the prospective confidential informant is: THEN before registration the contact must: Less than 18 years of age and Have a parent or guardian present obtain written permission by co-signing the registration form. On Probation officer. Obtain permission from the probation Document time/date/to whom you spoke. On Parole Division Obtain written permission from the of Parole. Wanted on a warrant supervisor in Have the warrant vacated. A the rank of Captain or above must indicate on the registration form the reason for vacating the warrant and specifically what information the confidential informant will provide. Defendant in an active criminal case District Obtain permission from the Assistant Attorney concerned. Personnel assigned to precinct, housing and transit patrol operations will never use a confidential informant to conduct any type of controlled buys, vice enforcement, etc. CONFIDENTIAL INFORMANT DATABASE The Intelligence Bureau will query the Confidential Informant Database. If the confidential informant is already registered with the Department or has previously been disapproved as an informant, the Intelligence Bureau will immediately notify the bureau concerned and the request will be disapproved. If the confidential informant is registered but inactive due to failure to maintain regular or scheduled meetings, the existing contact must deactivate the confidential informant before the request can be approved. In situations in which a confidential informant's identity may compromise a sensitive investigation, e.g., internal investigation or counterterrorism, the member of the service must receive written permission from the bureau chief to exclude personal identifiers from the Intelligence Bureau Database. This documentation will be included in the case file. The identity of a confidential informant will be kept confidential and will be divulged only on a need-to-know basis. The Commanding Officer, Intelligence Bureau will institute necessary measures and procedures to limit access to the database and to ensure that confidentiality is maintained. Only members specifically designated by the Commanding Officer, Intelligence Bureau will have access to the Confidential Informant Database. The Commanding Officer, Intelligence Bureau will review the confidential performance indexes of designated members on a semiannual basis and discontinue their designation if they are found unsuitable for any reason. DEPARTMENT POLICY Confidential informants must be vetted before being activated for Department operations. Accordingly, queries of various offender registries should also be included as part of the process and the appropriate action taken, to ensure that informants are in compliance with federal, state and local laws. All active confidential informants MUST be reviewed, evaluated and rated by the designated contact and supervisor on the CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST on a quarterly basis. These forms MUST be submitted to the bureau coordinator by March 15, June 15, September 15, and December 15. Failure to submit the form in a timely manner could result in disciplinary action. If a quarterly review for a confidential informant is not submitted in a timely fashion, the confidential informant will be automatically deactivated in the Confidential Informant Database and permission to employ that confidential informant will be revoked. The confidential informant can ONLY be reactivated by submitting a new CONFIDENTIAL INFORMANT REGISTRATION/REACTIVATION REQUEST and SUPPLEMENTAL. Informants play a critical role in crime fighting and intelligence gathering operations, and additional background information supplied by informants could prove useful in the furtherance of investigations conducted by the Department. Types of information considered of value for storage within the Intelligence Data System include but are not limited to: * Military training * Education level and related degrees * Language capabilities * Professional licenses/skills * Place of birth (region, village, tribe) * Marital status and next of kin * Gang affiliation * Social networking information If a potential confidential informant does not want to provide the above information, he or she should still be accepted if he or she passes all other requirements. MEMORANDUM OF UNDERSTANDING CONSIDERATIONS Units governed by a memorandum of understanding or similar stipulation between this Department and other law enforcement agencies (e.g., Drug Enforcement Task Force, etc.) are exempt from those provisions of this procedure that are in conflict with the controlling memorandum of understanding. Members assigned to such units will conform to the policies and procedures stipulated within the memorandum of understanding regarding confidential informants. Similarly, Department personnel assigned to contribute to an investigation under the jurisdiction of a federal law enforcement agency may be required to adhere to the confidential informant guidelines of that agency. Written authorization for this exemption must be obtained in advance from the bureau chief concerned. Commanding officers assigned to task forces that are governed by a memorandum of understanding are to instruct Department personnel on the provisions of the memorandum, as well as the informant related guidelines (e.g., the United States Attorney General's Guidelines, Federal Bureau of Investigation's policies, etc.) of the lead task force agency, if applicable. RELATED PROCEDURES Search Warrant Applications (P.G. 212-75) Search Warrant Execution (P.G. 212-105) Search Warrant Post-Execution Critique (P.G. 212-106) FORMS AND REPORTS CONFIDENTIAL INFORMANT CONFIDENTIAL INFORMANT CONFIDENTIAL INFORMANT CONFIDENTIAL INFORMANT (PD378-161A) CONFIDENTIAL INFORMANT Typed Letterhead DATABASE INQUIRY (PD378-162) INFORMATION CHANGE, ACTIVITY AND PAYMENT (PD378-083) REGISTRATION/REACTIVATION REQUEST (PD378-161) REGISTRATION/REACTIVATION REQUEST SUPPLEMENTAL COMPUTER DATABASE CHECKS (PD314-091) P.G. 212-69 Involuntary Protection Service Date Effective: 08/01/13 PURPOSE To assist Social Services representatives in the execution of court orders to gain access to premises to determine the need for protective services. PROCEDURE When presented with a court order by Social Services representative to enter premises to conduct an assessment of an adult individual to determine the need for protective services: UNIFORMED MEMBER OF THE SERVICE 1. Direct Social Services representative presenting order to deliver the order to the Office of the Deputy Commissioner - Legal Matters during regular business hours. MEMBER CONCERNED, OFFICE OF THE DEPUTY COMMISSIONER LEGAL MATTERS 2. Examine order for appropriateness and return to Social Services official: a. Forward copy to Operations Unit. b. Return original to Social Services representative. MEMBER CONCERNED, OPERATIONS UNIT 3. Number order and record in appropriate log. 4. Identify the address as a precinct or housing (PSA) location. 5. Notify: a. Patrol Services Bureau or Housing Bureau, as appropriate b. Patrol borough or Housing borough office concerned. NOTE: The Chief of Department's Investigation Review Section will serve as the repository for such orders and their dispositions. MEMBER CONCERNED, PATROL OR HOUSING BOROUGH 6. Notify desk officer, precinct or PSA concerned, of order. DESK OFFICER, PRECINCT OR PSA CONCERNED 7. Enter notification in the Telephone Record listing the particulars of the order. NOTE: Upon the arrival at the stationhouse of the Social Services representative with the order, the Telephone Record entry will serve to verify that the order was reviewed by the Legal Bureau and authorization has been given to have a police officer accompany the representative during the execution of the order. 8. Direct patrol supervisor and a uniformed member of the service to accompany the representative to the specific location mentioned in the order. NOTE: The function of the uniformed members of the service is to preserve the peace. They are not to personally assist in forcing entry to the premises, securing it afterward or protecting property thereat. The Social Services representatives, if necessary, will perform those duties. PATROL SUPERVISOR 9. Prepare report, on typed letterhead, upon completion of assignment. 10. Forward to Chief of Department, Investigation Review Section: a. Original - DIRECT b. Copy - through channels ADDITIONAL DATA Additional guidance concerning these orders can be obtained from the Legal Bureau, (212) 374-5400. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) P.G. 212-70 Civilian Commendations (Non-members Of The Service) Date Effective: 08/01/13 PURPOSE To recognize civilians other than members of the service for valuable assistance rendered to the Police Department or the community in the area of public safety, quality of life, and/or police-community relations. PROCEDURE Whenever a member of the service (uniformed or civilian) recommends a civilian non-member of the service for an act worthy of a civilian commendation. MEMBER OF THE SERVICE 1. Prepare request, utilizing the CIVILIAN COMMENDATION APPLICATION (PD127-016). NOTE: Members of the service preparing a CIVILIAN COMMENDATION APPLICATION (PD127-016) must ensure that the facts reported in the APPLICATION are accurate, not embellished upon, and consistent with other arrest and investigatory paperwork. The CIVILIAN COMMENDATION APPLICATION has the potential of becoming "Rosario" material in a criminal prosecution. The arresting officer should advise the Assistant District Attorney assigned to a pending case of the existence of the CIVILIAN COMMENDATION APPLICATION, as well as any other recorded statements of witnesses. 2. Forward APPLICATION to Operations Coordinator/Designated Supervisor. NOTE: Endorsements or nominations from outside the Department will not be considered. OPERATIONS COORDINATOR/DESIGNATED SUPERVISOR 3. Have command serial number assigned. 4. Forward APPLICATION to commanding officer. COMMANDING OFFICER 5. Review APPLICATION. 6. Make determination if Civilian Commendation is appropriate. 7. Have warrant check conducted of individual concerned and attach to APPLICATION. (Disapprovals based upon warrant checks will be filed at local command). 8. Indicate approval by endorsing APPLICATION to respective Borough/ Bureau Commanding Officer. BOROUGH/BUREAU COMMANDING OFFICER 9. Have CIVILIAN COMMENDATION APPLICATION recorded. 10. Review request. 11. Make a determination if Civilian Commendation is appropriate. 12. Indicate disapproval by endorsing APPLICATION to commanding officer concerned. 13. Indicate approval by endorsing APPLICATION to the Chief, Community Affairs. 14. Forward copy of approved APPLICATION to Bureau Chief concerned for information only. DEPUTY COMMISSIONER COMMUNITY AFFAIRS 15. Have all requests for Civilian Commendations recorded. 16. Review approved APPLICATION endorsed by Borough/Bureau Commanding Officer. 17. Make final determination of approval. 18. Indicate disapproval by endorsing request to Borough/Bureau Commander. 19. Prepare and forward a signed Certificate of Civilian Commendation to commanding officer of originating command, along with a copy of fully endorsed APPLICATION. 20. File approved requests. COMMANDING OFFICER 21. Sign Certificate of Civilian Commendation and coordinate presentation of civilian commendation to recipient with Borough/Bureau Commanding Officer, if applicable. COMMANDING OFFICER CEREMONIAL UNIT 22. Schedule and make all arrangements and notifications for a city-wide award ceremony when requested by the Chief, Community Affairs. RELATED PROCEDURES Command Post Operations (P.G. 213-01) FORMS AND REPORTS CIVILIAN COMMENDATION APPLICATION (PD127-016) P.G. 212-71 Guidelines For The Use Of Photographic/Video Equipment By Operational Personnel At Demonstrations Date Effective: 08/01/13 PURPOSE To describe those limited circumstances when operational personnel may use video and/or photographic equipment at demonstrations and to establish procedures for the use of such equipment, when permitted. SCOPE Use of video and/or photographic equipment by operational personnel at demonstrations is appropriate only if a permissible operational objective exists. The following constitute permissible operational objectives: a. A bona fide need exists to prepare training materials on proper crowd control techniques; or b. When it reasonably appears that unlawful conduct is about to occur, is occurring or has occurred during the demonstration; or c. A bona fide need exists to continuously assess crowd conditions, through the use of live video transmissions, for the proper deployment of police resources. PROCEDURE When ranking personnel of this Department contemplate the use of video and/or photographic equipment at a demonstration for a permissible operational objective: RANKING OFFICER 1. Submit a report, on Typed Letterhead, to the Deputy Commissioner, Legal Matters, through channels 2. Include in the request the following information: a. Date, time and location of demonstration (if known) b. Specific permissible operational objective to be achieved DEPUTY COMMISSIONER LEGAL MATTERS 3. Review request for use of video and/or photographic equipment to determine whether videorecording/photography is for a permissible purpose and should be approved. 4. If approved, forward copy of approved request to Chief of Department, Bureau or Borough Commander of Ranking Officer making request and Commanding Officer, Technical Assistance Response Unit. NOTE: Every approved request for the use of video/photographic equipment will be entered into a serially numbered log, maintained solely for this purpose, at the Technical Assistance Response Unit. COMMANDING OFFICER, TECHNICAL ASSISTANCE RESPONSE UNIT 5. Ensure that appropriate entries are made in log upon receipt of request. 6. Assign members of TARU to the demonstration to operate video/photographic equipment. UPON COMPLETION OF VIDEORECORDING/PHOTOGRAPHING: 7. Ensure that all videorecordings/photographs prepared in connection with this procedure are maintained for a minimum of one year from the date the images were recorded. DEPUTY COMMISSIONER LEGAL MATTERS 8. Review recorded materials to determine whether they should continue to be preserved: a. If the materials contain evidence of unlawful activity, they will be considered evidence, and handled accordingly. b. If the materials are deemed valuable for civil litigation, training, or any other specific purpose, they will be similarly preserved in connection with that purpose. c. After three years, materials not meeting the criteria in (a) or (b) above shall be destroyed. ADDITIONAL DATA Videorecordings/photographs should be consistent with the permissible operational objective. For example, videorecordings/photographs taken for training purposes or to assess crowd conditions should generally not contain close-ups of participants in the demonstration, but should focus on crowd size, police tactics and/or behavior. When the permissible objective is to record unlawful activity and/or arrest activity, videorecording /photography should commence only when there is a reasonable belief that criminal or unlawful activity is about to occur or when spontaneous criminal or unlawful activity actually occurs or has occurred. Video and/or photographic equipment authorized to be used pursuant to this procedure may only be operated by TARU personnel. Personnel assigned to other commands, e.g., Borough Task Forces, the Disorder Control Unit, shall not utilize video or photographic equipment at demonstrations pursuant to this procedure. With the exception of members of the service assigned to or working under the supervision of the Intelligence Bureau, all personnel who operate video and/or photographic equipment pursuant to this procedure must be clearly identifiable as police personnel. They must wear either a police uniform or a jacket that is clearly marked "POLICE." Displaying a shield on a chain is not sufficient identification. All videorecordings and photographs pertaining to this procedure, except materials invoiced as evidence, or used in connection with the preparation of training materials, will be stored at TARU. All requests to obtain or view such videorecordings or photographs will be made in writing to the Deputy Commissioner, Legal Matters, detailing the reason for the request. Commanding Officer, TARU shall maintain a record of all such requests and whether any copies were provided. P.G. 212-72 Guidelines For Uniformed Members Of The Service Conducting Investigations Involving Political Activities Date Effective: 08-01-13 PURPOSE To provide guidelines for investigations of possible unlawful or terrorist related activity that involve political activity, including the collection, analysis, processing, retention, and dissemination of information concerning persons, groups, or organizations involved in political activity. DEFINITIONS POLITICAL ACTIVITY - The exercise of a right of expression or association for the purpose of maintaining or changing governmental policies or social conditions. INVESTIGATION - A police activity undertaken to obtain information or evidence. LEAD – Information submitted to or obtained or developed by the Intelligence Bureau concerning an ongoing investigation, or, that may be used to initiate a new investigation. INVESTIGATIVE STATEMENT – A detailed written request submitted under this procedure to obtain approval for the initiation of a Preliminary Inquiry, Full Investigation, or Terrorism Enterprise Investigation. AUTHORIZING OFFICIAL – The Intelligence Bureau official (specifically, the Commanding Officer and the Executive Officer, Intelligence Bureau, and the Commanding Officer, Criminal Intelligence Section) authorized to approve requests to initiate or extend a Preliminary Inquiry, Full Investigation, or Terrorism Enterprise Investigation. PROCEDURE When a Lead involving possible unlawful or terrorist related activity is received from any source involving an individual, group, or organization that is engaged in political activity which requires some follow up or further investigation: NOTE: The Handschu Consent Decree (Appendix A) and the Guidelines for Investigations Involving Political Activity (Appendix B) (together, "The Modified Handschu Guidelines," or, "the Guidelines") require that any investigation by the New York City Police Department involving political activity shall be initiated by and conducted only under the supervision of the Intelligence Bureau. Accordingly, members of the service shall not conduct investigations involving political activity without the express written approval of the Deputy Commissioner, Intelligence. MOS RECEIVING INFORMATION SUGGESTING NEED FOR INVESTIGATION INVOLVING POLITICAL ACTIVITY 1. Report information or observations concerning possible unlawful or terrorist activity involving political activity to the Intelligence Bureau, Criminal Intelligence Section (24 hours, 7 days a week). a. Include details of Lead, including information suggesting need for investigation of individual, group, or organization involved in political activity. b. Comply with directions of Criminal Intelligence Section, including preparation of more detailed report, if necessary. INTELLIGENCE BUREAU CRIMINAL INTELLIGENCE SECTION 2. Accept and record Leads received. a. Contact reporter and conduct telephone interview to obtain additional details, if necessary. 3. Confer with Criminal Intelligence Section supervisor concerning assignment and disposition of Lead; if appropriate, refer for review as required by Lead processing procedures. CRIMINAL INTELLIGENCE SECTION SUPERVISOR 4. Assign Lead requiring follow up by Intelligence Bureau to appropriate unit for Checking of Lead or other investigation. SUPERVISOR, INTELLIGENCE BUREAU UNIT ASSIGNED 5. Supervise performance of Checking of Lead, if appropriate. 6. Submit Investigative Statement to Authorizing Official requesting approval to conduct either a Preliminary Inquiry, Full Investigation, or Terrorism Enterprise Investigation, if the original Lead, the results of a Checking of Lead, or other information suggests the need for further investigation that involved political activity. a. Specify request and justification for use of undercover or confidential informant, (or other investigative technique requiring approval) as appropriate. NOTE: The Investigative Statement will be clear and precise. The subject group, organization, or individual whose political activity is to be investigated will be clearly identified. The Investigative Statement will specify the information that forms the basis for the request for a Preliminary Inquiry, Full Investigation, or Terrorism Enterprise Investigation. In exigent circumstances, an investigation may be undertaken before an Investigative Statement has been submitted and approved. In such cases, the Investigative Statement must be submitted as soon as practical. AUTHORIZING OFFICIAL 7. Review request; determine whether requested investigation is warranted and in compliance with the Modified Handschu Guidelines. a. Indicate approval or disapproval of investigation and investigative technique(s) in written endorsement. b. Forward endorsement to Deputy Commissioner, Intelligence for final approval, if approved. DEPUTY COMMISSIONER INTELLIGENCE 8. Review request, determine whether requested investigation is warranted and in compliance with these Guidelines. a. Indicate approval or disapproval of investigation and investigative technique(s) in written endorsement. INVESTIGATIVE UNIT ASSIGNED 9. Conduct approved investigation involving political activity according to the Constitution, the Handschu Consent Decree, the Guidelines for Investigations Involving Political Activity, and other applicable law and Department procedures. ASSIGNED INVESTIGATOR 10. Confer with supervisor and prepare report of investigative activity. 11. Submit completed report to supervisor. SUPERVISOR, INVESTIGATIVE UNIT ASSIGNED 12. Review report to verify that only approved investigative activity has been undertaken. 13. Forward completed investigator's report to Commanding Officer of Investigative Unit assigned. COMMANDING OFFICER, INVESTIGATIVE UNIT ASSIGNED 14. Review all reports prepared by assigned investigator and verify that the investigation was conducted in compliance with the Guidelines. DEPUTY COMMISSIONER INTELLIGENCE 15. Periodically review the progress of approved investigations to ensure that investigations are conducted in compliance with the Guidelines. 16. Periodically advise the Police Commissioner concerning the status and outcome of investigations conducted under the Guidelines. ADDITIONAL DATA See attached Appendix A, Handschu Consent Decree, and Appendix B, Guidelines for Investigations Involving Political Activity. APPENDIX A HANDSCHU CONSENT DECREE: DECISION AND GUIDELINES 1. PURPOSE Pursuant to the settlement entered into by the Police Department in the case of Handschu, et al. v. Special Services Division, et al., the Department is required to comply with certain guidelines in investigative matters as set forth herein. 2. BACKGROUND OF HANDSCHU, et al. v. SPECIAL SERVICES DIVISION, et al. Handschu was commenced in 1971. The complaint alleged that certain intelligence gathering practice and conduct of the Department infringed upon the plaintiffs' constitutional rights. Such conduct included infiltration, electronic surveillance, dossier collection, and improper dissemination of collected information. In order to resolve the issues raised in Handschu, the parties agreed to the implementation of certain guidelines which were commonly referred to as the Handschu Guidelines and which have been incorporated in the Patrol Guide since that time. Pursuant to a recent court order granting the Department's request to modify those guidelines, the following "Modified Handschu Guidelines" (including the following "Guidelines for Investigations Involving Political Activity") hereby replace the old guidelines, and are now in effect. 3. GUIDELINES I. GENERAL STATEMENT OF POLICY Activities of the New York City Police Department in the investigation of political activity will conform to constitutionally guaranteed rights and privileges. II. DEFINITIONS A. Political Activity - The exercise of a right of expression or association for the purpose of maintaining or changing governmental policies or social conditions. B. Authority – A board established pursuant to Section III of these guidelines. C. Investigation – A police activity undertaken to obtain information or evidence. III. AUTHORITY ESTABLISHED There is hereby established an Authority to conduct the review of records described in paragraph IV. It shall consist of three members who shall act as a body, to wit, the Deputy Commissioner – Legal Matters of the Police Department, the Chief of Internal Affairs of the Police Department, and a civilian member appointed by the Mayor upon consultation with the Police Commissioner for a term revocable at will. The decisions of the Authority as set forth herein shall be by majority vote. IV. REVIEW OF RECORDS TO DETERMINE COMPLIANCE A. At any time, a person or a member of a group or organization having reason to believe that such person, group or organization has been the subject of investigation of political activity which violates constitutionally guaranteed rights and privileges, may request in writing which sufficiently identifies the requesting party that the Authority make inquiry of the appropriate investigative officer of the NYPD. If the Authority's inquiry reflects that the investigation was conducted in conformity with the Constitution, the Authority shall notify the requesting party that if an investigation was made, it was made in accordance with the Constitution. B. If the inquiry reveals or if the Authority otherwise becomes aware that an investigation was not conducted in conformity with the Constitution with respect to the requesting party, the Authority shall proceed as follows: (1) The Authority shall obtain all information and documents pertaining to the requesting party developed in the course of such investigation. (2) The Authority shall conduct or cause to be conducted an inquiry into the circumstances of such investigation with respect to the requesting party. (3) In the event the inquiry determines that such investigation with respect to the requesting party was not conducted in accordance with the Constitution, the Authority shall so notify the requesting party and submit a report to the Police Commissioner. 4. DATE OF EFFECT Effective immediately, no members of the service shall engage in an investigation of political activity except through the Intelligence Bureau. Requests for such investigations should be on Typed Letterhead addressed to the Commanding Officer, Intelligence Bureau. Where time is of the essence the request may be by telephone (646) 805-6400 to the Criminal Intelligence Section of the Intelligence Bureau. In all cases, members of the service concerned shall abide by the direction of the Intelligence Bureau. Such investigations shall be conducted pursuant to the "Guidelines for Investigations Involving Political Activity" set forth below. 5. INTERPRETATION Any member of the service who is uncertain whether a particular investigation constitutes an "investigation involving political activity" shall consult with the Legal Bureau. APPENDIX B GUIDELINES FOR INVESTIGATIONS INVOLVING POLITICAL ACTIVITY PREAMBLE Subsequent to the terrorist attacks on the City of New York on September 11, 2001 which resulted in the loss of thousands of lives and the total destruction of the World Trade Center complex, it became apparent that the City faces unprecedented threats to its continued safety and security. In the view of federal, state and local law enforcement agencies, the prevention of future attacks requires the development of intelligence and the investigation of potential terrorist activity before an unlawful act occurs. As a result of a federal court order entered in 1985, the New York City Police Department was bound by guidelines, known as the Handschu Guidelines, which governed the investigation of political activity. The Handschu Guidelines (i) limited the investigation of political activity to those circumstances when there was specific information of criminal activity and (ii) established the Handschu Authority to oversee compliance. After evaluating the impact of the Handschu Guidelines on the need to investigate terrorism in a changed world, the City made an application to modify the order so as to eliminate the restrictions contained in the Handschu Guidelines and the oversight of the Handschu Authority with respect to those restrictions. The City did not seek to eliminate the Handschu Authority's role to investigate an individual's complaint that the NYPD had engaged in unconstitutional conduct in the investigation of political activity. The Court granted the City's application to modify the decree provided the City adopt the internal guidelines set forth below and distribute the guidelines to supervisory personnel who, in turn, were to make them known to those under their command. These guidelines shall remain in effect unless otherwise ordered by the Court. These guidelines are binding on all members of the service who are engaged in the investigation of political activity. It is the purpose of these guidelines to enable officers to perform their duties with greater certainty, confidence and effectiveness while at the same time protecting the guarantees of the Constitution. I. STATEMENT OF POLICY It is the policy of the New York City Police Department that investigations involving political activity conform to the guarantees of the Constitution, that care be exercised in the conduct of those investigations so as to protect constitutional rights, and that matters investigated be confined to those supported by a legitimate law enforcement purpose. II. GENERAL PRINCIPLES (1) In its effort to anticipate or prevent unlawful activity, including terrorist acts, the NYPD must, at times, initiate investigations in advance of unlawful conduct. It is important that such investigations not be based solely on activities protected by the First Amendment. When, however, statements advocate unlawful activity, or indicate an apparent intent to engage in unlawful conduct, particularly acts of violence, an investigation under these guidelines may be warranted, unless it is apparent, from the circumstances or the context in which the statements are made, that there is no prospect of harm. (2) Based upon the circumstances of a given case, investigative action may be required under exigent circumstances. Exigent circumstances are circumstances requiring action before authorization otherwise necessary under these guidelines can reasonably be obtained, in order to protect life or substantial property interests; to apprehend or identify a fleeing offender; to prevent the hiding, destruction or alteration of evidence; or to avoid other serious impairment or hindrance of an investigation. When any investigative action, taken under exigent circumstances, would require an approval under ordinary conditions, such approval shall be obtained as soon as practicable in accordance with the provisions of these guidelines. Where a regular approval or request is required to be in writing, the approval or request following exigent circumstances shall also be in writing. (3) Investigations shall be terminated when all logical leads have been exhausted and no legitimate law enforcement purpose justifies their continuance. III. APPLICABILITY These guidelines apply only to investigations which involve political activity. They do not apply to, or limit, other activities of the NYPD in the investigation or detection of unlawful conduct, the preservation of the peace and public safety or other legitimate law enforcement activities which do not involve political activity. IV. ROLE OF THE INTELLIGENCE BUREAU (1) Investigation of political activity shall be initiated by, and conducted under the supervision of the Intelligence Bureau. Nothing in this paragraph, however, is intended to prevent any member of the service from reporting his or her observations of suspicious conduct which involves political activity to his or her commanding officer or to the Intelligence Bureau. (2) The Deputy Commissioner of Intelligence shall periodically inform and advise the Police Commissioner concerning the status of any investigations conducted pursuant to these guidelines. V. LEVELS OF INVESTIGATION These guidelines provide for three levels of investigative activity. They are intended to provide the NYPD with the necessary flexibility to act well in advance of the commission of planned terrorist acts or other unlawful activity. However, if the available information shows at the outset that the threshold standard for a Preliminary Inquiry or Full Investigation is satisfied, then the appropriate investigative activity may be initiated immediately, without progressing through more limited investigative stages. A. CHECKING OF LEADS The lowest level of investigative activity is the "prompt and extremely limited checking out of initial leads," which should be undertaken whenever information is received of such a nature that some follow-up as to the possibility of unlawful activity is warranted. This limited activity should be conducted with an eye toward promptly determining whether further investigation (either a Preliminary Inquiry or a Full Investigation) should be conducted. B. PRELIMINARY INQUIRIES (1) In cases where the NYPD receives information or an allegation not warranting an investigation – because there is not a "reasonable indication" of unlawful activity – but whose responsible handling requires some further scrutiny beyond the prompt and extremely limited checking out of initial leads, the NYPD may initiate an "inquiry" in response to the allegation or information indicating the possibility of unlawful activity. Whether it is appropriate to open a Preliminary Inquiry immediately, or instead to engage first in a limited Checking of Leads, depends on the circumstances presented. Example: If the NYPD receives an allegation that an individual or group has advocated the commission of violence, and no other facts are available, an appropriate first step would be Checking of Leads to determine whether the individual, group, or members of the audience have the apparent ability or intent to carry out the advocated unlawful act. (2) The authority to conduct inquires short of a Full Investigation allows the NYPD to respond in a measured way to ambiguous or incomplete information, with as little intrusion as the needs of the situation permit. This is especially important in such areas as where there is no complainant involved or when an allegation or information is received from a source of unknown reliability. Such inquiries are subject to the limitations on duration under paragraph (4) below and are carried out to obtain the information necessary to make an informed judgment as to whether a Full Investigation is warranted. Example: Officers are not required to possess information relating to an individual's intended unlawful use of dangerous biological agents or toxins prior to initiating investigative activity. If an individual or group has attempted to obtain such materials, or has indicated a desire to acquire them, and the reason is not apparent, investigative action, such as conducting a Checking of Leads or initiating a Preliminary Inquiry, may be appropriate to determine whether there is a legitimate purpose for the possession of the materials by the individual or group. A Preliminary Inquiry is not a required step when facts or circumstances reasonably indicating unlawful activity are already available. In such cases, a Full Investigation can be immediately opened. (3) A Preliminary Inquiry may be authorized by the Commanding Officer or Executive Officer of the Intelligence Bureau, or the Commanding Officer of the Criminal Intelligence Section (" the Authorizing Officials"). The Authorizing Official must assure that the allegation or other information which warranted the inquiry has been recorded in writing. Upon such authorization a notification must be made for final approval by the Deputy Commissioner of Intelligence. (4) Inquiries shall be completed within 180 days after initiation of the first investigative step. The date of the first investigative step is not necessarily the same date on which the first incoming information or allegation was received. An extension of time in an inquiry for succeeding 90 day periods may be granted by the Deputy Commissioner of Intelligence. Any such request for extension shall be in writing and shall include a statement of the reasons why further investigative steps are warranted when there is no reasonable indication of unlawful activity. The action taken on any such request for extension shall also be recorded in writing. (5) All lawful investigative techniques, including the use of undercover operations and the development of sources and informants may be used in an inquiry except: (a) Mail Openings; and, (b) Eavesdropping and Video Surveillance as those terms are defined in Article 700 of the New York State Criminal Procedure Law. (6) The following investigative techniques may be used in a Preliminary Inquiry without any prior authorization from a supervisor: (a) Examination of NYPD indices and files; (b) Examination of records available to the public and other public sources of information; (c) Examination of available federal, state and local government records; (d) Interview of complainant, previously established informants, and other sources of information; (e) Interview of the potential subject; (f) Interview of persons who should readily be able to corroborate or deny the truth of the allegation, except this does not include pretext interviews or interviews of a potential subject's employer or coworkers unless the interviewee was the complainant; and (g) Physical, photographic or video surveillance of any person, provided that such surveillance does not require a warrant. The use of any other lawful investigative technique that is permitted in a Preliminary Inquiry shall meet the requirements and limitations of Part VI and, except in exigent circumstances, requires prior approval by a supervisor. (7) Where a Preliminary Inquiry fails to disclose sufficient information to justify an investigation, the NYPD shall terminate the inquiry and make a record of the closing. (8) All requirements regarding inquiries shall apply to reopened inquiries. C. FULL INVESTIGATION A Full Investigation may be initiated when facts or circumstances reasonably indicate that an unlawful act has been, is being, or will be committed. A Full Investigation may be conducted to prevent, solve or prosecute such unlawful activity. (1) The standard of "reasonable indication" is substantially lower than probable cause. In determining whether there is reasonable indication of an unlawful act an investigator may take into account any facts or circumstances that a prudent investigator would consider. However, the standard does require specific facts or circumstances indicating a past, current, or future violation. There must be an objective, factual basis for initiating the investigation; a mere hunch is insufficient. (2) Where an unlawful act may be committed in the future, preparation for that act can be a current violation of the conspiracy or attempt provisions of state law. The standard for opening an investigation is satisfied where there is not yet a current substantive or preparatory unlawful act, but facts or circumstances reasonably indicate that such unlawful conduct will occur in the future. (3) Any lawful investigative technique may be used in a Full Investigation, subject to the requirements and limitations of Part VI hereof. (4) Authorization and Renewal a. A Full Investigation may be authorized by the Commanding Officer or Executive Officer of the Intelligence Bureau or the Commanding Officer of the Criminal Intelligence Section (" the Authorizing Officials") upon a written recommendation setting forth the facts or circumstances reasonably indicating that an unlawful act has been, is being or will be committed. Upon such authorization a notification must be made for final approval by the Deputy Commissioner of Intelligence. b. A Full Investigation may be initially authorized for a period of up to a year. An investigation may be continued upon renewed authorization for additional periods each not to exceed a year. Renewal authorization shall be obtained from the Deputy Commissioner of Intelligence. All requests for renewal authorization, and action thereon, shall be in writing. c. Authorizations shall be reviewed by an Authorizing Official before the expiration of the period for which the investigation and each renewal thereof is authorized. (5) An investigation which has been terminated may be reopened upon a showing of the same standard and pursuant to the same procedures as required for initiation of an investigation. All requirements regarding investigations shall apply to reopened investigations. D. TERRORISM ENTERPRISE INVESTIGATION A Terrorism Enterprise Investigation is a Full Investigation but differs from a general investigation of unlawful conduct in several important respects. As a general rule, an investigation of a completed unlawful act is normally confined to determining who committed that act and securing evidence to establish the elements of the particular offense. It is, in this respect, self-defining. A Terrorism Enterprise Investigation must determine the identity and nature of the individual, group, or organization involved, its geographic dimensions, its past acts and intended goals, including unlawful goals, and its capacity for harm, among other factors. While a standard investigation of unlawful conduct terminates with the decision to prosecute or not to prosecute, a Terrorism Enterprise Investigation does not necessarily end, even though one or more of the participants may have been prosecuted. In addition, groups and organizations provide a life and continuity of operation not normally found in other types of unlawful activity. As a consequence, these investigations may continue for several years. Furthermore, the focus of such investigations may be less precise than that directed against more conventional types of unlawful conduct. Unlike the usual case involving unlawful conduct, there may be no completed offense to provide a framework for the investigation. It often requires the fitting together of bits and pieces of information, many meaningless by themselves, to determine whether a pattern of unlawful activity exists. For this reason, such investigations are broader and less discriminate than usual, involving the interrelation of various sources and types of information. This section focuses on investigations of enterprises that seek to further political or social goals through activities that involve force or violence, or that otherwise aim to engage in terrorism or terrorism-related crimes. It authorizes investigations to determine the structure and scope of the enterprise as well as the relationship of the members. 1. General Authority a. A Terrorism Enterprise Investigation may be initiated when facts or circumstances reasonably indicate that two or more persons are engaged in an enterprise for the purpose of (i) furthering political or social goals wholly or in part through activities that involve force, violence or other unlawful acts; (ii) engaging in terrorism as defined in N.Y. Penal Law §490.05, or (iii) committing any offense described in N. Y. Penal Law §§490.10, 490.15, 490.20, 490.25, 490.30, or 490.35 or other related statutes currently in effect or subsequently enacted. The standard of "reasonable indication" is identical to that governing Full Investigations generally. In determining whether an investigation should be conducted, the NYPD shall consider all of the circumstances including: (i) the magnitude of the threatened harm; (ii) the likelihood that it will occur; (iii) the immediacy of the threat; and (iv)any danger to privacy or free expression posed by an investigation. In practical terms, the "reasonable indication" standard for opening a Terrorism Enterprise Investigation could be satisfied in a number of ways. Example: Direct information about statements made in furtherance of an enterprise's objectives which show a purpose of committing crimes described in N.Y. Penal Law §§ 490.10 ,490.15, 490.20, 490.25, 490.30, 490.35, or other related statutes currently in effect or subsequently enacted, would satisfy the threshold. Example: Activities such as attempting to obtain dangerous biological agents, toxic chemicals, or nuclear materials, or stockpiling explosives or weapons, with no discernible lawful purpose, may be sufficient to reasonably indicate that an enterprise aims to engage in terrorism. b. While no particular factor or combination of factors is required, considerations that will generally be relevant to the determination whether the threshold standard for a Terrorism Enterprise Investigation is satisfied include, as noted, a group's statements, its activities, and the nature of potential unlawful acts suggested by the statements or activities. Thus, where there are grounds for inquiry concerning a group, it may be helpful to gather information about these matters, and then to consider whether these factors, either individually or in combination, reasonably indicate that the group is pursuing terrorist activities or objectives as defined in the threshold standard. Findings that would weigh in favor of such a conclusion include, for example, the following: (1) Threats or advocacy of violence or other covered unlawful acts. Statements are made in relation to or in furtherance of an enterprise's political or social objectives that threaten or advocate the use of force or violence, or statements are made in furtherance of an enterprise that otherwise threaten or advocate unlawful conduct within the scope of N.Y. Penal Law §§490.10, 490.15, 490.20, 490.25, 490.30, 490.35, or other related statutes currently in effect or subsequently enacted which may concern such matters as (e.g.): (i) engaging in attacks involving or threatening massive loss of life or injury, mass destruction, or endangerment of the national security; (ii) killing or injuring public officials, or destroying public facilities, or defying lawful authority; (iii) killing, injuring or intimidating individuals because of their status as United States nationals or persons, or because of their national origin, race, color, religion or sex; or (iv) depriving individuals of any rights secured by the Constitution or laws of the United States or the State of New York. (2) Apparent ability or intent to carry out violence or other covered activities. The enterprise manifests an apparent ability or intent to carry out violence or other activities within the scope of N.Y Penal Law §§ 490.10, 490.15, 490.20, 490.25, 490.30, 490.35, or other related statutes currently in effect or subsequently enacted, e.g.: (i) by acquiring or taking steps toward acquiring, biological agents or toxins, toxic chemicals or their precursors, radiological or nuclear materials, explosives or other destructive or dangerous material (or plans or formulas for such materials), or weapons, under circumstances where, by reason of the quantity or character of these items, the lawful purpose of the acquisition is not apparent; (ii) by the creation, maintenance, or support of an armed paramilitary organization; (iii) by paramilitary training; or (iv) by other conduct demonstrating an apparent ability or intent to injure or intimidate individuals, or to interfere with the exercise of their constitutional or statutory rights. (3) Potential Unlawful Act. The group's statements or activities suggest potential unlawful acts that may be relevant in applying the standard for initiating a Terrorism Enterprise Investigation – such as crimes under the provisions of the N.Y. Penal Law that set forth specifically defined terrorism or support of terrorism offenses, or that relate to such matters as aircraft hijacking or destruction, attacks on transportation, communications, or energy facilities or systems, biological or chemical weapons, nuclear or radiological materials, assassinations or other violence against public officials or facilities, or explosives. c. Mere speculation that force or violence might occur during the course of an otherwise peaceable demonstration is not sufficient grounds for initiation of an investigation under this Subpart. But where facts or circumstances reasonably indicate that an individual or group has engaged or aims to engage in conduct described in paragraph 1.a. above in a demonstration, an investigation may be initiated in conformity with the standards of that paragraph. This does not limit the collection of information about public demonstrations by individuals or groups that are under active investigation pursuant to paragraph 1.a. above or any other provisions of these guidelines. 2. Purpose The immediate purpose of a Terrorism Enterprise Investigation is to obtain information concerning the nature and structure of the enterprise as specifically delineated in paragraph (3) below, with a view to the longer range objectives of detection, prevention, and prosecution of the unlawful activities of the enterprise. 3. Scope a. A Terrorism Enterprise Investigation initiated under these guidelines may collect such information as: (i) the identity and nature of an individual or group and its members, their associates, and other persons likely to be acting in furtherance of its unlawful objectives, provided that the information concerns such persons' activities on behalf of or in furtherance of the suspected unlawful activity of the individual, group, or organization; (ii) the finances of the individual, group, or organization; (iii) the geographical dimensions of the individual, group, or organization; and (iv) past and future activities and goals of the individual, group, or organization. b. In obtaining the foregoing information, any lawful investigative technique may be used in accordance with the requirements of these guidelines. 4. Authorization and Renewal a. A Terrorism Enterprise Investigation may be authorized by the Commanding Officer or Executive Officer of the Intelligence Bureau or the Commanding Officer of the Criminal Intelligence Section ("the Authorizing Officials"), upon a written recommendation setting forth the facts or circumstances reasonably indicating the existence of an enterprise as described in paragraph 1.a. above. Upon such authorization a notification must be made for final approval by the Deputy Commissioner of Intelligence. When exigent circumstances exist, as described in these guidelines, a Terrorism Enterprise Investigation may be commenced upon the verbal authorization of an Authorizing Official. However, in such cases, the required written recommendation must be submitted as soon as practicable. b. A Terrorism Enterprise Investigation may be initially authorized for a period of up to a year. An investigation may be continued upon renewed authorization for additional periods each not to exceed a year. Renewal authorization shall be obtained from the Deputy Commissioner of Intelligence. The request for renewal and action thereon shall be in writing. c. Authorizations shall be reviewed by an Authorizing Official before the expiration of the period for which the investigation and each renewal thereof is authorized. In some cases, the enterprise may meet the threshold standard but be temporarily inactive in the sense that it has not engaged in recent acts of violence or other unlawful activities as described in 1.a., nor is there any immediate threat of harm – yet the composition, goals and prior history of the group suggest the need for continuing law enforcement interest. The investigation may be continued in such cases with whatever scope is warranted in light of these considerations. d. An investigation which has been terminated may be reopened upon a showing of the same standard and pursuant to the same procedures as required for initiation of an investigation. VI. INVESTIGATIVE TECHNIQUES (1) When conducting investigations under these guidelines, the NYPD may use any lawful investigative technique permitted by these guidelines. The choice of investigative techniques is a matter of judgment, which should take account of: (i) the objectives of the investigation and available investigative resources; (ii) the intrusiveness of a technique, considering such factors as the effect on the privacy of individuals and potential damage to reputation; (iii) the seriousness of the unlawful act; and (iv) the strength of the information indicating its existence or future commission of the unlawful act. (2) Where the conduct of an investigation presents a choice between the use of more or less intrusive methods, the NYPD should consider whether the information could be obtained in a timely and effective way by the less intrusive means. The NYPD should not hesitate to use any lawful techniques consistent with these guidelines in an investigation, even if intrusive, where the intrusiveness is warranted in light of the seriousness of the crime or the strength of the information indicating its existence or future commission. This point is to be particularly observed in investigations relating to terrorist activities. (3) Authorized methods in investigations include, among others, use of confidential informants, undercover activities and operations, eavesdropping and video surveillance (as defined in Article 700 of the NY Criminal Procedure Law), pen registers and trap and trace devices, consensual electronic monitoring, and searches and seizures. a. Undercover Operations (i) Undercover operations, including confidential informants, may be used when such operations are the most effective means of obtaining information, taking into account all the circumstances of the investigation, including the need for the information and the seriousness of the threat. The use of undercovers and confidential informants must be authorized by the Deputy Commissioner of the Intelligence Bureau prior to commencement of the undercover operation. The request to use undercovers or confidential informants and action taken on the request must be in writing and must include a description of the facts on which the investigation is based and the role of the undercover. (ii) The use of an undercover or confidential informant will be approved for a period of 120 days and may be extended for additional periods of 120 days with the approval of the Deputy Commissioner of the Intelligence Bureau. Such extensions may be approved for as long as the investigation continues and the use of undercover is the most effective means of obtaining information. The request to extend the use of undercovers and action taken on the request must be in writing and must include the reason for the extension. (iii) Undercovers are strictly prohibited from engaging in any conduct the sole purpose of which is to disrupt the lawful exercise of political activity, from instigating unlawful acts or engaging in unlawful or unauthorized investigative activities. b. Eavesdropping and Video Surveillance (as defined in Article 700 of the NY Criminal Procedure Law), Pen Registers and Trap and Trace Devices, and Consensual Electronic Monitoring (i) All requirements for the use of such methods under the Constitution, applicable statutes, and NYPD regulations or policies must be observed. (4) Whenever an individual in known to be represented by counsel in a particular matter, the NYPD shall follow applicable law and Department procedure concerning contact with represented individuals in the absence of prior notice to their counsel. VII. DISSIMENATION AND MAINTENANCE OF INFORMATION A. Dissemination The NYPD may disseminate information obtained during the Checking of Leads, Preliminary Inquiries and investigations conducted pursuant to these guidelines to federal, state or local law enforcement agencies, or local criminal justice agencies when such information: (i) falls within the investigative or protective jurisdiction or litigative responsibility of the agency; (ii) may assist in preventing an unlawful act or the use of violence or any other conduct dangerous to human life; (iii) is required to be disseminated by interagency agreement, statute, or other law. B. Maintenance All documentation required under these Guidelines shall be maintained by the Intelligence Bureau in accordance with general police department practice and applicable municipal record retention and destruction rules, regulations and procedures. Under these rules and practices documents are retained for no less than five years. VIII. COUNTERTERRORISM ACTIVITIES AND OTHER AUTHORIZATIONS In order to carry out its mission of preventing the commission of terrorist acts in or affecting the City of New York and the United States and its people, the NYPD must proactively draw on available sources of information to identify terrorists threats and activities. It cannot be content to wait for leads to come in through the actions of others, but rather must be vigilant in detecting terrorist activities to the full extent permitted by law, with an eye toward early intervention and prevention of acts of terrorism before they occur. This Part accordingly identifies a number of authorized activities which further this end, and which can be carried out even in the absence of a checking of leads, Preliminary Inquiry, or Full Investigation as described in these guidelines. The authorizations include both activities that are specifically focused on terrorism and activities that are useful for law enforcement purposes in both terrorism and non-terrorism contexts. The authorized law enforcement activities of the NYPD include carrying out and retaining information resulting from the following activities. A. COUNTERTERRORISM ACTIVITIES 1. Information Systems The NYPD is authorized to operate and participate in identification, tracking, and information systems for the purpose of identifying and locating potential terrorists and supporters of terrorist activity, assessing and responding to terrorists risks and threats, or otherwise detecting, prosecuting, or preventing terrorist activities. Systems within the scope of this paragraph may draw on and retain pertinent information from any source permitted by law, including information derived from past or ongoing investigative activities; other information collected or provided by governmental entities, such as foreign intelligence information and lookout list information; publicly available information, whether obtained directly or through services or resources (whether nonprofit or commercial) that compile or analyze such information; and information voluntarily provided by private entities. Any such system operated by the NYPD shall be reviewed periodically for compliance with all applicable statutory provisions and Department regulations and policies. 2. Visiting Public Places and Events For the purpose of detecting or preventing terrorist activities, the NYPD is authorized to visit any place and attend any event that is open to the public, on the same terms and conditions as members of the public generally. No information obtained from such visits shall be retained unless it relates to potential unlawful or terrorist activity. B. OTHER AUTHORIZATIONS 1. General Topical Research The NYPD is authorized to carry out general topical research, including conducting online searches and accessing online sites and forums as part of such research on the same terms and conditions as members of the public generally. "General topical research" under this paragraph means research concerning subject areas that are relevant for the purpose of facilitating or supporting the discharge of investigative responsibilities. It does not include online searches for information by individuals' names or other individual identifiers, except where such searches are incidental to topical research, such as searching to locate writings on a topic by searching under the names of authors who write on the topic, or searching by the name of a party to a case in conducting legal research. 2. Use of Online Resources Generally For the purpose of developing intelligence information to detect or prevent terrorism or other unlawful activities, the NYPD is authorized to conduct online search activity and to access online sites and forums on the same terms and conditions as members of the public generally. 3. Reports and Assessments The NYPD is authorized to prepare general reports and assessments concerning terrorism or other unlawful activities for purposes of strategic or operational planning or in support of other legitimate law enforcement activities. IX. PROTECTION OF PRIVACY AND OTHER LIMITATIONS A. General Limitations The law enforcement activities authorized by this Part do not include maintaining files on individuals solely for the purpose of monitoring activities protected by the First Amendment or the lawful exercise of any other rights secured by the Constitution or laws of the Untied States. Rather, all such law enforcement activities must have a valid law enforcement purpose and must be carried out in conformity with all applicable statutes and Department regulations and policies. B. Construction of Part This Part does not limit any activities authorized by or carried out under other Parts of these guidelines. The specification of authorized law enforcement activities under this Part is not exhaustive, and does not limit other authorized law enforcement activities of the NYPD. X. RESERVATION Nothing in these guidelines shall limit the general reviews or audits of papers, files, contracts, or other records in the possession of the NYPD or City of New York, or the performance of similar services at the specific request of another government agency. Such reviews, audits, or similar services must be for the purpose of detecting or preventing violations of law which are within the investigative responsibility of the NYPD. Nothing in these guidelines is intended to limit the NYPD's responsibilities to investigate certain applicants and employees, or to pursue efforts to satisfy any other of its legal rights, privileges, or obligations. These guidelines are set forth solely for the purpose of internal NYPD guidance. They are not intended to, do not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal, nor do they place any limitation on otherwise lawful investigative and litigative prerogatives of the NYPD or City of New York. RELATED PROCEDURES Citywide Intelligence Reporting System (P.G. 212-12) Communications Between the Intelligence Bureau and Units in the Field Regarding Suspected Terrorist Activity (Interim Order 28, Series 2004) Guidelines For The Use Of Video/ Photographic Equipment by Operational Personnel at Demonstrations (P.G. 212-71) P.G. 212-73 Bicycle Registration Program Date Effective: 08-01-13 PURPOSE To enroll bicycles in the Bicycle Registration Program which has been established in each patrol precinct. SCOPE A precinct crime prevention officer or counterpart is responsible for coordinating the Department's Bicycle Registration Program. Bicycle owners, both private and commercial (messenger services, etc.), are encouraged to enroll in the registration program. In addition, all New York City Police Department bicycles will be enrolled in this program. PROCEDURE Whenever a member of the service registers a bicycle: MEMBER OF THE SERVICE CONCERNED 1. Mark with engraving tools. a. Use three digit number indicating precinct designation followed by a four digit number, in numerical sequence of enrollment (e.g., 103-0001). b. Place registration number on underside of frame, or other main component. 2. Establish a Bicycle Registration Log, utilizing a Department record book, or computerized data base with the following information: REGISTRATION NUMBER DATE MAKE MANUFACTURER'S SERIAL NO. (if any) MODEL OWNER'S NAME ADDRESS COLOR APARTMENT NUMBER TELEPHONE NUMBER REMARKS AT TIME OF REGISTRATION 3. Inform owner to notify the precinct of registration when bicycle is sold, transferred or discarded. 4. Enter this fact in "remarks" column of the log. SALE OR TRANSFER OF A REGISTERED BICYCLE TO A NEW OWNER 5. Engrave the letter "A", after the previously issued registration, if bicycle is being registered in the same precinct, OR 6. Etch out old registration number and engrave new number, if being registered in other than original precinct of registration. NOTE: In either instance, the crime prevention officer, counterpart will cross-reference the old registration number in the "remarks" column when making required entries in the log. 7. Prepare COMPLAINT REPORT (PD 313-152) for lost or stolen bicycle. a. Determine whether bicycle was previously registered in Bicycle Registration Program. IF REGISTERED LOST/STOLEN BICYCLE IS INVOLVED 8. Comply with the following: a. Contact the desk officer, precinct of registration, to obtain the registration serial number and verify the description. b. Enter the complete Bicycle Registration Number in the "Details" section of the COMPLAINT REPORT. c. Ensure COMPLAINT REPORT indicates duplicate copy to the Stolen Property Inquiry Section (S.P.I.S.) so that an alarm can be transmitted for the lost/stolen registered bicycle. d. Notify desk officer, precinct of registration, to make an entry in the "Remarks" section of the Bicycle Registration Log or computerized database, indicating the loss/theft of the bicycle and the precinct COMPLAINT REPORT number. UPON RECOVERY OF REGISTERED BICYCLE MEMBER OF THE SERVICE CONCERNED 9. Do the following: a. Make an "article inquiry" via FINEST by using the NYSPIN Information Function, as follows: (1) Enter I before AINQ (2) Enter BICYCL after Type____ (3) Enter MAKE OF BICYCLE after Brand____ (4) Enter SERIAL NUMBER after SER____. b. Ensure duplicate copy of COMPLAINT FOLLOW-UP (PD313-081) is forwarded to Stolen Property Inquiry Section, if alarm was transmitted for the recovered bicycle. c. Determine owner of recovered bicycle from precinct where bicycle was registered. d. Have owner notified. e. Notify desk officer, precinct of registration, to make entry in "Remarks" section of the Bicycle Registration Log, indicating precinct voucher number. [I.O. 11 s 11] REMOVAL OF DERELICT BICYCLE DESK OFFICER 10. Maintain a Derelict Bicycle Removal Log, utilizing a separate section of the Department record book containing the Bicycle Registration Log or computerized database with the following information: LOCATION COMMAND SERIAL # REMOVED BY REMARKS BICYCLE DESCRIPTION DATE NOTICE AFFIXED DATE REMOVED 11. Record details of derelict removal in Log when notified by New York City Department of Sanitation (DSNY). a. Inform appropriate members of command of bicycle removal. 12. Check Log when receiving complaint of stolen bicycle to ensure bicycle was not removed and disposed of by DSNY. NOTE: Once DSNY make the determination that a bicycle is derelict, a notice shall be affixed to the bicycle advising the owner that such bicycle must be removed within seven days from the date of the notice. This notice shall also state that the failure to remove such bicycle within the designated time period will result in the removal and disposal of the derelict bicycle by the DSNY. Once the derelict bicycle has been removed, DSNY will notify the precinct concerned of the removal. DSNY is not authorized to remove for disposal from public property any "ghost bike" (i.e., a bicycle that has been placed on public property and apparently intended as a memorial for someone who is deceased) or bicycles that do not meet the derelict bicycle criteria (i.e., a bicycle that appears to be crushed or not usable, is missing parts, other than the seat and front wheel, has flat or missing tires, handlebars or pedals are damaged, or the existing forks. Frames or rims are bent; or seventy-five percent or more of the bicycle, which includes the handlebars, pedals and frames are rusted, along with any chain affixing such bicycle to public property, etc.). Additionally, nothing in this rule shall be interpreted to preclude the immediate removal of any bicycle, including, but not limited to, a derelict bicycle or ghost bike, or the taking of any other action by any City agency, if the presence of such bicycle creates a dangerous condition by restricting vehicular or pedestrian traffic or is otherwise in violation of the law. ADDITIONAL DATA ALL Police Department issued bicycles must be enrolled in this program. The bicycles will be engraved with the prefix NYPD followed by the three digit precinct designation and four digit precinct sequential number (e.g., NYPD 103-0001, indicates first (1st) bicycle registered in the 103rd Precinct is a Department issued bicycle assigned to the 103rd Precinct). Bicycles assigned to non-precinct units will be engraved with the prefix NYPD and their three digit command code followed by the registering precincts four digit sequential number (e.g., NYPD 128-0001, indicates first (1st) bicycle registered in precinct of registration is assigned to the Street Crime Unit). Commanding officers of all Housing Bureau patrol service areas equipped with bicycles, and other non-patrol service area units, shall establish Bicycle Registration Programs, internally, for all Department owned bicycles. Housing Bureau bicycles will have "HB" and registry number engraved on the bottom of the bicycle. Precinct commanding officers shall conduct bicycle registration drives during the months of May and September, each year. Uniformed members of the service assigned to bicycle patrol duties, auxiliary police and police explorers, may be utilized to assist in the Bicycle Registration Program drives. The precinct crime prevention officer/counterpart shall register bicycles upon request on a year-round basis. In addition, the precinct crime prevention officer/counterpart will ensure that the Bicycle Registration Log (Department record book or computerized database) is available to the desk officer at all times. FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD 313-152) P.G. 212-74 Community Notification Protocol Date Effective: 08/01/13 PURPOSE To inform community leaders and organizations in the event of an incident of an unusual, newsworthy, or sensitive nature that has the potential for community concern and/or unrest. SCOPE Precinct/police service area/district commanding officers are responsible for keeping community organizations and leaders informed of local conditions and occurrences. The commanding officer or designee will be required to notify community leaders of an event as described above, and the police reaction to the event. Said community leaders should include, but not be limited to, local elected officials, community board chairpersons, district managers, precinct community council board members, civic leaders, members of the clergy, superintendents and principals of local schools or school districts, local business leaders or merchant groups, tenant groups, block association leaders, City or State agencies headquartered within the precinct boundaries, etc. The primary responsibility for notifying the community leaders rests with the precinct/police service area/district commanding officer concerned. Although certain incidents may require the involvement of the borough/bureau command, this will not relieve the precinct/police service area/district commander from keeping local community leaders informed. PROCEDURE To create a list of community leaders to be notified in the event of an incident of an unusual, newsworthy, or sensitive nature that has the potential for community concern and/or unrest and to perform said notifications, if necessary. COMMANDING OFFICER 1. Direct the preparation of a roster of community leaders and organizations to be notified in conjunction with this procedure. a. Roster should include the following captions: (1) Name (2) Organization (3) Contact person (if other than "[1]" above) (4) Telephone number (office/home) (5) Pager/beeper/cell phone number (6) Address NOTE: Copies of the community notification roster should be maintained at the desk, the community affairs office, and the community policing unit office for immediate access. In addition, the commanding officer must have a copy at all times. Copies of the rosters should be forwarded to the borough concerned, and the Operations Unit, as well as the Office of the Chief, Community Affairs, through channels. IN THE EVENT THAT COMMUNITY NOTIFICATIONS ARE REQUIRED MEMBER OF THE SERVICE 2. Notify community leaders/organizations concerned of event and pertinent ` background information, as directed by the commanding officer/duty captain. NOTE: Not all community leaders or organizations need to be notified in all situations. The nature of the event will dictate who is to be notified. In addition, commanding officers concerned will determine the method of notification, e.g., telephone call, page, fax, face-to-face notification, etc., as well as which member of the service will make the notifications. Information that is considered to be confidential will not be divulged. 3. Document time of notification on the community notification roster. a. Utilize the roster prepared as per Step 1, above, to document notifications. In addition, note the time notified and the member of the service making the notification on the roster concerned. ADDITIONAL DATA Command and borough executives should share information regarding the operation of the precinct/police service area/district. The assignment of new commanding officers, supervisors, and police officers should be publicized to local community leaders. Commanding officers should encourage community leaders and organizations to share information, such as unscheduled events and demonstrations that are unusual, newsworthy or sensitive in nature, that have the potential for community concern/unrest, and incidents which have occurred in the past without prior knowledge of the local command. The use of e-mail newsletters, discussion lists, and the Department's web site is encouraged. Their use should also be explored for the dissemination of information and non-emergency notifications to community members. THIS SHOULD NOT TAKE THE PLACE OF PERSONAL CONTACT IN MORE SERIOUS MATTERS. Commanding officers will ensure that information contained on the community notification roster is updated as needed and updated information is forwarded to the borough concerned, the Operations Unit and the Office of the Chief, Community Affairs. It is important to maintain regular contact with community leaders regardless of the occurrence of a major event. In the absence of major events, opportunities should be created to interact with community leaders. Non-Department related incidents or minor police incidents can present excellent opportunities to create such interactions and maintain a dialogue with the community. P.G. 212-75 Search Warrant Applications Date Effective: 10-16-13 PURPOSE To apply for a search warrant based on timely and accurate intelligence. DEFINITION SEARCH WARRANT - a court order and process directing a police officer to conduct a search of designated premises, or of a designated vehicle, or of a designated person, for the purpose of seizing designated property or kinds of property, and to deliver any property so obtained to the court which issued the warrant. A search warrant may also authorize the search of a designated premises for a person who is the subject of an arrest warrant. This procedure is intended to apply, however, only to search warrants that authorize a search for property. SEARCH WARRANT APPLICATION - comprised of two documents: a. SEARCH WARRANT which is typically a one page form that describes the location to be searched and items to be seized; and b. SEARCH WARRANT AFFIDAVIT which is a sworn, detailed, written statement by the police officer asserting that certain facts exist that the applicant believes establish probable cause that the place to be searched contains particular contraband or evidence. NOTE: The Criminal Procedure Law lists the following categories of property as subject to seizure pursuant to a search warrant: a. Stolen property b. Unlawfully possessed or contraband c. Used or possessed for the purpose of committing or concealing a crime d. Evidence, which tends to demonstrate that an offense was committed or that a particular person participated in the commission of an offense. PROCEDURE When a uniformed member of the service has established probable cause to believe that seizeable property is present at a particular location: UNIFORMED MEMBER OF THE SERVICE 1. Confer with immediate supervisor and commanding officer. 2. Conduct interviews, collect statements and obtain all other evidence that is to be presented when applying for a search warrant. NOTE: All members of the service prior to applying for a search warrant must conduct a Secure Automated Fast Event Tracking Network (SAFETNet) check. After check is completed, a SAFETNet control number will be given to the requesting member of the service. The District Attorney's Office will NOT process a search warrant application without a SAFETNet control number and an Intelligence Data System (IDS) record number. SUPERVISOR CONCERNED 3. Investigate the target location: a. Conduct reconnaissance and surveillance b. Verify the target location by photo, diagram or other means. 4. Evaluate, confirm and document all information gathered prior to being submitted to commanding officer for approval. NOTE: When probable cause for a search warrant is based on information from confidential informants/civilian witnesses the immediate supervisor of the member of service will personally witness the interview and verify the target location with the informant by photograph, diagram or other means. In addition, the supervisor witnessing the interview of the informant will ensure that information regarding any other criminal matter known to the informant is also elicited in accordance with P.G. 212-68 "Confidential Informants." Members of the service must make every effort to corroborate information provided by informants through reconnaissance, surveillance and records checks. The Legal Bureau may be consulted for advice and guidance. 5. Prepare a report on Typed Letterhead addressed to the commanding officer, command concerned and include: a. The background checks performed via computer/other means on confidential informants and subjects (see ADDITIONAL DATA section, "Background Checks Which Must Be Conducted Prior To The Execution Of A Search/Arrest Warrant"). b. Any circumstances that suggest that the search warrant must be executed as soon as possible (e.g., a large cache of firearms or drugs is present and is about to be moved). c. Results of reconnaissance and verification of the target location and methods used (e.g., photo, diagram, or other means). d. Indication that, if a confidential informant/civilian witness provided any aspect of probable cause, a supervisory officer personally witnessed the interview. Ensure that the informant/witness is not identified by name. e. Justification for any request for nighttime or "no-knock" authorization. f. Any other pertinent information. COMMANDING OFFICER CONCERNED 6. Review the supervisor's report, compare it with all information gathered during the search warrant application process and include report in investigative file. 7. Give special scrutiny to cases where probable cause has been established based on the statements of a confidential informant/witness, and: a. The contraband/subject in question was not actually observed. b. Several days have elapsed since contraband/subject was observed. c. The confidential informant has been registered on an emergency/contingency basis and is citing exigent circumstances requiring an immediate response from the police. 8. Forward all information to the Borough Executive Officer/counterpart (e.g.; Narcotics Borough Executive Officer, Detective Borough Executive Officer, Patrol Borough Executive Officer, etc.) concerned for review. NOTE: If the borough executive officer is unavailable, information will be forwarded to the borough commanding officer. When exigent circumstances exist, duty chief may be contacted for approval. BOROUGH EXECUTIVE OFFICER/COUNTERPART 9. Confer with the commanding officer, command requesting the warrant. 10. Evaluate all information pertaining to the request for a search warrant and indicate one of the following by endorsement: a. Grant permission to apply for search warrant; OR b. Return search warrant request for further development; OR c. Disapprove search warrant request. NOTE: If warrant is to be executed by a Patrol Services Bureau command in another patrol borough, the approval of both borough commanding officers is necessary. When a command in any other bureau is applying for a search warrant to be executed in another jurisdictional borough, the executive officer/counterpart of that borough must be consulted with, e.g., Manhattan North Narcotics applying to execute a search warrant in the Bronx, the executive officer/counterpart of Manhattan North Narcotics will consult with the executive officer/counterpart of Bronx Narcotics. For investigations under the purview of the Internal Affairs Bureau and the [I.O. 1-5 c.s. 11] Deputy Commissioner Counterterrorism, SAFETNet inquires and/or conferrals with other units, commands, or agencies will be conducted in a manner prescribed by the Chief of Internal Affairs or Deputy Commissioner, Counterterrorism, as appropriate, so as not to compromise internal or sensitive investigations. In all cases, specialized units such as the Narcotics Division, Firearms Investigation Unit, etc. will be conferred with prior to the execution of a warrant when the subject of the warrant falls within their functional jurisdictions. COMMANDING OFFICER CONCERNED 11. File folder at command if disapproved. 12. If returned for further development, comply with instructions of borough executive officer/counterpart. 13. If approved, prior to contacting county District Attorney's Office to apply for the search warrant, ensure that the WARRANT TRACKING SYSTEM- PRE- WARRANT DATA ENTRY (PD374-143) has been prepared and faxed to the Intelligence Bureau, Public Security Section for input into the centralized search warrant database; AND, obtain an IDS record number. (See ADDITIONAL DATA section "Notification to Intelligence Bureau, Public Security Section" for special procedures and exceptions. a. Confirm receipt of WARRANT TRACKING SYSTEM-PRE-WARRANT DATA ENTRY by the Intelligence Bureau, Public Security Section by telephone. NOTE: The District Attorney's Office will NOT process a search warrant without a SAFETNet control number and an IDS record number. 14. After obtaining a SAFETNet control number and an IDS record number from the Intelligence Bureau, Public Security Section, direct member concerned to contact the District's Attorney's Office for preparation of the Search Warrant Application if approved at borough level. a. If application is disapproved by the District Attorney or court, endorse Typed Letterhead (prepared as per step 5) to the borough executive officer /counterpart and include in endorsements reasons for disapproval and file a copy in command. b. Notify the Intelligence Bureau, Public Security Section by telephone for inclusion of the details regarding the disapproved Search Warrant Application in the citywide database. c. If approved by District Attorney, comply with provisions of P.G. 212-105, "Search Warrant Execution." NOTIFICATIONS TO THE INTELLIGENCE BUREAU, PUBLIC SECURITY SECTION ADDITIONAL DATA The notification to the Intelligence Bureau, Public Security Section shall apply to all units obtaining search warrants (Patrol Services, Detective Bureau, O.C.C.B., Joint Task Forces, etc.). However, should a specific legal concern arise with respect to entering search warrant information into the database, the member concerned shall confer with the Legal Bureau prior to contacting the Intelligence Bureau, Public Security Section. In the event the advice is provided by the Legal Bureau not to make data entry, such consultation shall be noted in the case file along with the specific basis for the advice, e.g., Grand Jury action. Additionally, in situations where a search warrant is based on extremely sensitive information, e.g. counterterrorism, internal investigations, etc., in order to exclude the search warrant from inclusion in the database, the member of the service must receive written permission from the Bureau Chief/Deputy Commissioner concerned. This documentation will be included in the case file. In instances where a member of this Department, assigned to specialized units including but not limited to a Joint Task Force or a District Attorney's Squad, may participate in the execution of a search warrant but not be an affiant to a search warrant application affidavit, such member is required to follow the contents of this procedure. If a member of this Department, assigned to a Joint Task Force, etc., is directed by a supervisor from another agency not to make the notifications required by this directive, such member shall immediately notify the Bureau Chief/Deputy Commissioner concerned. BACKGROUND CHECKS WHICH MUST BE CONDUCTED AS PART OF THE SEARCH WARRANT APPLICATION PROCESS: Secure Automated Fast Event Tracking Network (SAFETNet) – SAFETNet alerts investigators to any active or open cases either at the target location or involving the target subject which are being conducted by other law enforcement personnel. If a SAFETNet check shows another investigation at the location, a conferral with the investigating unit should be made, and investigative information garnered by the requestor passed on to that unit. NARCOTICS INVESTIGATIVE TRACKING OF RECIDIVIST OFFENDERS (NITRO) – lists persons arrested within the location or area for narcotic related offenses. Nitro also reveals any active or closed kites at the location. An original copy of the COMPLAINT REPORT (PD 313-152) can be obtained at the Field Operation Desk. COMPUTER CRIMINAL HISTORY (CCH) – more commonly known as a "rap sheet". The CCH can be obtained from various sources: NYSPIN, Enforcer 2000 terminal, Department of Criminal Justice Services, preparing and submitting a REQUEST FOR RECORDS CHECK (PD 349-161) to the Identification Section. COMPUTER ASSISTED ROBBERY SYSTEM (CARS) – this system searches Index Crime Complaints, State Parole, City and State Corrections, Warrant Cards, Nickname file, and Career Criminals. BETA – system utilized to verify New York City criminal records dating back to the early 1960's including persons fingerprinted in New York City criminally and civilly, such as pistol permits, and police/correction applications. AUTOMATED DB2 WARRANT SYSTEM (REPLACED WARG/WOLF) – reveals persons who have active warrants and the status of the warrant investigation. COURT RECORD INFORMATION MANAGEMENT SYSTEM (CRIMS) – this system verifies active court cases and the scheduled appearances of a defendant. It informs personnel whether a subject is incarcerated or released. DEPARTMENT OF MOTOR VEHICLES (DMV) – will provide a motorist and vehicle history. SPRINT – a check of this system will list all calls for service at the location in question for a specific time period. PHOTO IMAGING MODULE (PIM) – allows the investigator to obtain photo identifications of suspects at the location of the search warrant. COMPLAINT ADDRESS TRACKING SYSTEM (CATS) – system designed to ascertain if anyone residing at the subject location has reported offenses (COMPLAINT REPORTS) to this Department. WARRANT INQUIRY (WINQ) – ascertains if an individual may be wanted outside of New York City. This check searches the state and federal wanted databases. A review of the COLES directory (utilize internet, ANYWHO.COM, AUTOTRACK.COM, LEXIS-NEXIS). Conferral with the License Division to determine if there is a licensed gun owner residing at the subject location. Conferrals with Key Span Energy and Consolidated Edison (gas and electric utilities) to reveal billing to the target location. When warrants are to be executed within a Housing Authority Development, a "Tenant Data Check" for the subject apartment will be conducted. Such a check would disclose the tenant of record for the subject apartment. Any other pertinent intelligence regarding persons/premises involved. ORAL APPLICATION FOR SEARCH WARRANT Section 690.36 of the Criminal Procedure Law allows for applications for search warrants to be made orally. When the arraignment part of the local criminal court is closed and the situation is of such urgency that it cannot be secured until the court re- opens, member concerned shall contact their borough executive officer/counterpart or, if unavailable, duty chief through their immediate supervisor. The Legal Bureau is available for assistance and guidance in this matter. If Legal Bureau is closed, the member will adhere to P.G. 211-20, "Conferral With Department Attorney." RELATED PROCEDURES Confidential Informants (P.G. 212-68) Search Warrant Execution (P.G. 212-105) Conferral With Department Attorney. (P.G. 211-20) FORMS AND REPORTS WARRANT TRACKING SYSTEM – PRE-WARRANT DATA ENTRY (PD374-143) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR RECORDS CHECK (PD349-161) COMPLAINT REPORT (PD313-152) Search Warrant Application Typed Letterhead P.G. 212-76 Information Concerning Official Business Of Department Date Effective: 08-01-13 PURPOSE To facilitate the proper release of information concerning official Department business. PROCEDURE Upon receiving request for information about Department business: 1. Treat official business of the Department as confidential. 2. Understand clearly the right of the public to be informed on matters of public interest. 3. Exercise discretion when divulging authorized information. 4. Release information to a properly identified representative of: AGENCY INFORMATION CONCERNING Department of Citywide Administrative Services Official business of that agency U.S. Civil Service Commission Applicant for a federal position N.Y.S. Division of Parole (request from the area director) Persons arrested State Liquor Authority Persons arrested or summonsed who are applicants for or holders of state liquor licenses. Persons arrested or summonsed in premises licensed by the State Liquor Authority or in the vicinity of the premises when the cause of the arrest or summons originated there. Premises licensed, or for which an application has been made under the Alcoholic Beverage Control Law. Waterfront Commission of Person licensed or registered by Commission New York Harbor Crime Victims Compensation Board Official business of that agency N.Y.C. Department or agency An employee of that department or agency only if the City is not likely to become a party to an action arising out of the incident. In such cases, the investigator will be referred to the Corporation Counsel. NOTE: When information is given to other than a representative of the press, an entry identifying the person and the subject will be made in the Command Log. A text reference to the entry will be made in the margin of the record concerned. ADDITIONAL DATA Requests from government agencies, private organizations, institutions og higher education etc., for statistics, surveys, samples and other types of information concerning the Department will be forwarded to the Office of Management Analysis and Planning for preparation of a Department response. ROUTINE INQUIRIES: Many requests, particularly those coming to Patrol Services Bureau commands, are of a routine nature. Local commanders are expected to respond to such requests as directed by this procedure, ensuring that responses are accurate and in accord with Department policy. UNUSUAL OR TIME CONSUMING REQUESTS: Some requests involve surveys or samples and may be time consuming; others may be related to business of the entire Department or involve broad policy questions. Local commanders should not ordinarily undertake data gathering research to answer a request from outside the Department when it will impair their ability to perform their primary function. Time consuming requests, those involving the business of the entire Department and those which raise policy questions, should be forwarded to the Office of Management Analysis and Planning for preparation of an appropriate response. Office of Management Analysis and Planning will confer with Deputy Commissioner - Public Information on matters regarding Department policy on release of information. Where additional guidance is deemed necessary to classify a particular request as routine or unusual, a commanding officer may contact the Office of Management Analysis and Planning. A member of the service, active or retired, may obtain information relative to his/her medical record upon written request to the Commanding Officer, Medical Division. No fee will be charged for such information. A person or organization outside the Department may obtain such information, for a fee of $5.00, if the request is made in writing and is accompanied by a notarized authorization from the member concerned or in the event of his death, from the next of kin or representative of his estate. Re-quests for such information from other governmental agencies do not require no-tarized authorization or fee. Requests for payroll records will be directed to Director, Payroll Section for processing in a similar manner. When advised that an audit of records, procedures or operations of a command is to be conducted by any city, state or federal agency, the desk officer/supervisory head concerned will notify the Office of Management Analysis and Planning, furnishing the time, date, subject of the audit, the identity of personnel who will conduct the audit and the agency to which assigned. Auditors must possess identification cards issued by the auditing agency and/or a letter of introduction from the Commanding Officer, Office of Management Analysis and Planning. All members of the service will co-operate with properly identified auditors; questions concerning identity of auditing personnel will be directed to the Office of Management Analysis and Planning; those concerning confidentiality of records/information requested will be directed to the Legal Bureau. When a request for sensitive information regarding the policies of the Department is received from an elected official or candidate for elective office or a member of their staffs, the requestor will be instructed to submit the request in writing to the Police Commissioner. The Police Commissioner's Office shall forward such request to appropriate command for further attention. Inquiries of a routine nature including publicly released crime statistics, constituent problems or complaints may be handled by the command concerned. OFFERS OF GRANTS, EQUIPMENT OR OTHER FUNDING BY ELECTED OFFICIALS, OTHER GOVERNMENT AGENCIES OR PRIVATE ENTITIES: Members of the service may not accept offers of grants, equipment or other funding from elected officials or their staffs, other government agencies or private entities. A member of the service approached with the offer of such funding or solicited for suggestions regarding how such funding could be utilized by the Department shall direct the individual or entity offering such funding to make a written proposal to the Police Commissioner. RELATED PROCEDURES Release of Information To News Media (P.G. 212-77) Incidents Involving Media Representatives (P.G. 212-49) Grant Applications, Accountability, Responsibility and Reporting Procedures (A.G. 230-38) P.G. 212-77 Release Of Information To News Media Date Effective: 08/01/13 PURPOSE To facilitate the accurate, timely and proper dissemination of information to the public through the news media. SCOPE It is the policy of this Department to keep the community informed on matters of public interest. Most media inquiries are directed to the Office of the Deputy Commissioner, Public Information. However, at the scene of a breaking news story, the media may request information from members of the service present at the scene. Information, assistance or access should be rendered to whatever extent possible, in accordance with the following procedure, when it does not: a. Pose an undue risk to the personal safety of members of the service, media representatives, or others b. Interfere with police operations c. Adversely affect the rights of an accused or the investigation or prosecution of a crime. Because it is not uncommon for local investigations, arrests, operations, etc., to overlap into other agencies, bureaus or jurisdictions it is essential that ALL media requests be channeled through the Office of the Deputy Commissioner, Public Information. NOTE: Access to incident scenes does not extend to interior crime scenes or areas frozen for security reasons. PROCEDURE Upon receiving a request for information from representatives of the media at a breaking news story: HIGHEST RANKING UNIFORMED MEMBER OF THE SERVICE 1. Confer with the Office of the Deputy Commissioner, Public Information, regarding the information to be released, prior to addressing the media. 2. Briefly describe the incident (i.e., how police were called to the scene, type of job, location of occurrence, number of aided persons, etc.). 3. Do not release the following: a. Identity of a child under sixteen years of age taken into custody, unless child is a juvenile offender b. Identity of a complainant under sixteen years of age c. Identity of a neglected or abused child d. Identity of a victim of a sex crime e. Information which indicates that a person has a communicable disease f. Information which indicates that a person is a confidential informant/witness g. The location of occurrence where a sexual assault occurred if that location is the victim's residence or the residence of the perpetrator, if not apprehended h. The address or telephone number of a member of the service i. Address or telephone number of a complainant j. Address or telephone number of a witness to a crime k. Information that may hinder the prosecution of the crime, jeopardize the safety of a member of the service, complainant, or witness. 4. Release the following information after an arrest is made, if requested: a. Name, age, residence, employment, marital status and similar background information of the arrested person(s) after identity is confirmed b. Substance or text of the charge(s) such as a complaint, indictment, information, and, only when appropriate, the identity of the complainant c. Identity of the investigating and arresting agency and the length of the investigation d. Circumstances immediately surrounding the arrest, including the time and place of arrest, resistance, pursuit, possession and use of weapons and a general description of items seized at the time of arrest. NOTE: With the prior permission of the Deputy Commissioner, Public Information, certain information may be withheld if there is a legitimate concern for the safety of a witness in the "interests of justice" (i.e., release of information may compromise an ongoing investigation). The Office of the Deputy Commissioner, Public Information, is available 24 hours a day, 7 days a week, for consultation and/or response to incidents involving the media. Members of the service are required to immediately notify the Deputy Commissioner, Public Information, at (212) 374-6700 of any interaction with the media. ADDITIONAL DATA The following information will be released only after conferral with the Deputy Commissioner, Public Information, and the Chief of Detectives. Pretrial disclosure of the following information may have an adverse impact on a court case: a. Statements concerning the reputation or character of an accused person or prospective witness b. Performance of, or results of, tests or the refusal by the accused to take a test c. Statements concerning the credibility or anticipated testimony of prospective witnesses d. Opinions or speculation concerning evidence or argument in the case, whether or not it is anticipated that such evidence or argument will be used at trial e. Photographs, films, videotapes, and/or mug shots. CONFIDENTIALITY OF THE VICTIM OF A SEX CRIME The Civil Rights Law, Section 50-B, was amended in 1991 to protect the identity of the victim of a sex crime. The law provides that the identity of a victim of a sex crime be provided to a defendant charged with the crime and their counsel or guardian. It also permits disclosure to public officers and employees investigating, prosecuting and keeping records related to the offense. A new Section 50-C was also added to the law which allows victims of a sex offense to bring private action to recover for any damage suffered by the disclosure of their identities. Therefore, those members of the service (uniformed and civilian) assigned to units (Public Information Division, Identification Section, Communications Division, etc.) which may, at times, be called upon to provide information from Department records, files, tapes, etc., must ensure that the identity of a victim of a sex offense is not divulged when this information is released. IDENTITY OF PERSONS WITH COMMUNICABLE DISEASE It is the responsibility of this Department to protect the civil rights of persons we come in contact with. This includes prisoners, crime victims, aided cases, etc. In keeping with this obligation, any information regarding a person's status in connection with any communicable disease (HIV, AIDS, Tuberculosis, Hepatitis B, etc.) is to be treated as confidential. Accordingly, members of the service should be made aware of the following guidelines: Information concerning a prisoner's or a victim's affliction with a communicable disease must be kept confidential. This information generally should not be released to the public, the media, the person's family and friends or to other prisoners. There may be unusual circumstances under which release of this information is warranted. Any such release, however, may only be made with the written consent of the Deputy Commissioner - Legal Matters. In some cases, prisoners may volunteer their positive medical status regarding a communicable disease indicating the need to be segregated from general prisoner population or the need for medical treatment. In such cases, isolation cells should be used, if available. This information may be recorded on a Prisoner Movement Slip or on form MEDICAL TREATMENT OF PRISONER (PD244-150) in order to alert personnel assigned to Corrections, District Attorney's offices or courts. Members of the service who are exposed to a communicable disease should follow the provisions of P.G. 205-10, "Exposure Of Members Of The Service To Infectious Diseases". RELATED PROCEDURES Information Concerning Official Business of the Department (P.G. 212-76) Incidents Involving Media Representatives (P.G. 212-49) Exposure Of Members Of The Service To Infectious Diseases (P.G. 205-10) FORMS AND REPORTS MEDICAL TREATMENT OF PRISONER (PD244-150) P.G. 212-78 Utilization Of The Real Time Crime Center Date Effective: 08/01/13 PURPOSE To provide twenty-four hour, seven day a week investigative support to the Detective Bureau and other Department investigative units conducting criminal investigations. PROCEDURE When an investigator seeks the assistance of the Real Time Crime Center (RTCC) during the course of investigating any crime: INVESTIGATOR 1. Telephone the Real Time Crime Center to initiate "real time" crime scene support. a. Cases not requiring crime scene support, contact may be made either by: Telephone (646) 610-4770 E-mail: rtccrequest@nypd.org Facsimile: (646) 610-4825 RTCC INVESTIGATOR 2. Verify the identity of the investigator requesting information. 3. Record the request for investigative assistance in the intake database. 4. Confer with the RTCC Supervisor on duty. 5. Conduct comprehensive computer inquiries of related incidents, suspects, victims, locations and any other relevant information. 6. Forward results of computer investigation to the investigator concerned via wireless laptop, email, telephone or facsimile. RTCC SUPERVISOR 7. Oversee and ensure thorough computer investigations and monitor ongoing priority incidents citywide. a. Prioritize case assignments. b. Review investigative results. c. Provide investigative direction. RTCC INVESTIGATOR 8. Maintain contact with investigator concerned and determine if additional investigative steps are necessary. ADDITIONAL DATA The RTCC applications have been created and organized to support the investigative process in the following areas: a. Incident Analysis b. Location Analysis c. Victim/Suspect Analysis d. Pattern Analysis To conduct these analyses, the RTCC Investigators can access data from the NYPD, other NYC Agencies and New York State systems. Additionally, investigators can access a wide variety of investigative tools as well as public and governmental information sources. The RTCC Investigators have direct access to Department data previously unavailable for efficient searching and reporting, including advanced mapping, 311 and 911 information. Among the many non-NYPD databases available to RTCC analysts are the following (this list is not all-inclusive): PUBLIC RECORDS DATABASES - Databases built from public records, commercial records and data provided by various government agencies. These databases offer a variety of searches nationwide which include: persons, addresses (past and present), phone numbers (including unlisted and cell), motor vehicles, real property, civil and criminal searches. Also available is a visual link analysis tool, to discover connections between individuals and their associates that are otherwise easy to miss. The databases are frequently updated with over twelve billion real investigative records. CJA INTERVIEW REPORT - Through an Arrest Number, RTCC investigators can access the Criminal Justice Agency's Interview Report. This report contains information on the arrestee to determine bail eligibility. Information includes name, address, prior address, contact names and phone numbers, employment data and other pertinent information related to the arrested person. DOC - Federal/NY State/NYC Department of Corrections Inmate lookup service (online databases). E-JUSTICE - NYS Criminal Justice information which is linked to the National Crime Information Center (NCIC). PHOTO SYSTEM - a consolidated law enforcement photo/ mug shot system. Includes perpetrators arrested by other agencies such as ATF, FBI, DEA, Eastern District of New York, INS, IRS, Nassau County Police, Newark PD (NJ), NY State Police, Essex County Sheriff (NJ), Hudson County Sheriff (NJ), Passaic County (NJ), NYS Parole, Suffolk County, Union County (NJ), US Postal Inspector, US Customs Service, US Marshals Service, US Secret Service, Westchester County Department of Corrections. IDS - NYPD Intelligence Database System. JUSTICE EXCHANGE - National near-real time "who's in jail" database covering twenty-nine states across the country. STARS - The Summons Tracking and Accounts Receivable System allows an investigator to search for NYC parking summons issued to a vehicle. ISO CLAIMSEARCH - is an all-claims database incorporating over 380 million claims including property claims, bodily injury claims and automobile records. Searches can be done by name (individual or business), address, phone number, Social Security number, driver's license number, license plate number, Vehicle Identification Number (VIN), professional medical license or Tax Identification Number (TIN). Reports are returned on any matches regarding the claim(s) filed. An added feature includes VIN Decoding. This utility allows you to decode and decipher a Vehicle Identification Number (VIN) to properly identify vehicles. P.G. 212-79 Subpoena Fees And Accounting Procedures Date Effective: 08/01/13 PURPOSE To inform members of the service (uniformed and civilian) of the appropriate fees to be tendered by persons making service of subpoenas upon the New York City Police Department. SCOPE In many cases where a subpoena is served upon the Police Department, a check, money order or cash for the statutorily mandated witness fee may also be tendered. In order to promote greater efficiency and uniformity in the processing of and accounting for subpoena fees, the following procedure will be complied with. PROCEDURE Upon receipt of a subpoena (by personal service or other means of delivery): MEMBER OF THE SERVICE RECEIVING SUBPOENA 1. Ascertain if fee (cash, check, or money order) is tendered with subpoena. a. If check or money order is made payable to an individual member of the service (uniformed or civilian), the member concerned will endorse check or money order as follows: "PAY TO THE ORDER OF NEW YORK CITY POLICE DEPARTMENT" b. If fee is tendered in connection with a subpoena which does not involve the Police Department or actions taken by the member concerned on behalf of the Department, the fee will be given to the member concerned and is properly payable to him/her. In such case, no fee receipt will be issued by this Department. 2. Issue FEE RECEIPT (PD122-017) and comply with applicable provisions of P.G. 212-82, "Forwarding Of Fees To The Audit And Accounts Section," if fee is tendered. a. Enter title of case (e.g., Smith v. Jones, People v. Rosario) at caption entitled "FOR" of FEE RECEIPT. b. If subpoena and fee (if tendered) have been received by other than personal service, forward FEE RECEIPT to attorney issuing subpoena by U. S. Mail. 3. Note FEE RECEIPT number and dollar amount of fee tendered on rear of subpoena. 4. Forward subpoena to command liaison officer. COMMAND LIAISON 5. Comply with pertinent provisions of P.G. 211-15, "Processing Subpoenas For Police Department Records And Testimony By Members Of The Service." ADDITIONAL DATA Members of the service (uniformed and civilian) are advised that the following is a schedule of appropriate fees to be tendered with the corresponding type of subpoena: TYPE OF SUBPOENA FEE * CIVIL CASES Subpoena issued by courts of New York State Subpoena issued by Federal Courts $15.00 $40.00 * FAMILY COURT CASES Subpoena issued in a Juvenile Delinquency Proceeding * All other Family Court Cases As per CIVIL CASE FEE SCHEDULE, above NO FEE REQUIRED * CRIMINAL CASES Subpoena issued by State and Federal Courts NO FEE REQUIRED NOTE: If a subpoena requires a specific member of the service to appear AND bring certain documents with him/her, a single fee is all that is required. In certain cases, travel expenses may be included with the tendered subpoena fee. Members are advised that for travel wholly within New York City, no travel fees are required. If the fee tendered is not in conformity with the above listed fee schedule, a supervisor must be notified. The supervisor will ensure that the subpoena is still processed and that a notation is made on the reverse side of the subpoena of the amount actually tendered. For cases involving subpoenas issued by courts outside of New York City, consult P.G. 211-16, "Processing Subpoenas Issued by Courts Outside New York City." RELATED PROCEDURES Forwarding Of Fees To Audit And Accounts Section (P.G. 212-82) Processing Subpoenas For Police Department Records And Testimony By Members Of The Service (P.G. 211-15) Processing Subpoenas Issued By Courts Outside New York City (P.G. 211-16) Processing Legal Bureau Requests For Department Records Including Requests Under The Freedom Of Information Law (P.G. 211-17) Processing Requests For Police Department Documents Received From Assistant Corporation Counsels And Assistant District Attorneys (P.G. 211-18) FORMS AND REPORTS FEE RECEIPT (PD122-017) P.G. 212-80 Suspension And Revocation Orders Date Effective: 08/01/13 PURPOSE To process Suspension and Revocation Orders received from the Department of Motor Vehicles. PROCEDURE Upon receipt of Suspension and Revocation Orders: DESK OFFICER 1. Record receipt of Orders in Command Log. 2. Forward to the Community Policing Unit Coordinator. COMMUNITY POLICING UNIT COORDINATOR 3. Prepare SUSPENSION/REVOCATION REPORT (PD634-151) and attach to each Order. 4. Distribute Suspension and Revocation Orders with attached SUSPENSION/REVOCATION REPORT to beat officers concerned. 5. Forward Orders to precinct concerned for service if information indicates that Order must be executed in that precinct. BEAT OFFICER 6. Record Suspension and Revocation Orders in ACTIVITY LOG. 7. Execute as follows: a. Obtain all items listed on Suspension and Revocation Order, or b. Obtain signed affirmation on back of Suspension and Revocation Order for items not picked up, or c. Issue summons for violation of Section 510, subdivision 7 of the Vehicle and Traffic Law, returnable to the Traffic Violations Bureau, if the licensee does not turn over the required items and refuses to sign affirmation, or d. Enter Department of Motor Vehicles case number and date on back of Order if licensee has Notice of Restoration (Form FS34) or Notice of Compliance (Form FS112). 8. Leave lower half of SUSPENSION/REVOCATION REPORT with a responsible member of licensee's household, for delivery to licensee, if he cannot be located. 9. Record attempts at service on SUSPENSION/REVOCATION REPORT if licensee cannot be located. 10. Indicate reason for noncompliance in captioned box if Order is not executed for reasons other than temporary absence of license. 11. Report results of efforts and deliver all surrendered items along with executed and unexecuted Orders to patrol supervisor. 12. Enter facts in ACTIVITY LOG. PATROL SUPERVISOR 13. Reassign Orders not served because of temporary absence of licensee to next member of the service assigned to post or sector concerned on 2nd or 3rd platoons, as appropriate. 14. Deliver all surrendered items and Suspension and Revocation Orders to Community Policing Unit Coordinator. COMMUNITY POLICING UNIT COORDINATOR 15. File SUSPENSION/REVOCATION REPORTS. 16. Note reason for non-service on back of each Order not executed. 17. Note service of summons on back of Orders where applicable. 18. Process returned Suspension and Revocation Orders as follows: a. Unexecuted Orders - placed in one envelope. b. Executed Orders - placed one to an envelope, with surrendered items. 19. Deliver to desk officer. 20. Enter Orders in Command Log: a. Unexecuted Orders by statement of total number only b. Executed Order individually by serial number. 21. Forward envelopes to Mail and Distribution Unit for return to Department of Motor Vehicles. NOTE: An Order is considered executed only when all items listed are received, or an affirmation is obtained from the licensee. FORMS AND REPORTS ACTIVITY LOG (PD112-145) SUSPENSION/REVOCATION REPORT (PD634-151) P.G. 212-81 Unauthorized Display Of Badges, Plates, Cards, Etc. Date Effective: 08/01/13 PURPOSE To prescribe proper police action in the following situations. PROCEDURE Upon observing the unauthorized display of any badge, plate, card, etc.: UNIFORMED MEMBER OF THE SERVICE 1. Take the following police action, as appropriate: UNAUTHORIZED DISPLAY OF POLICE ACTION Badge, and person displaying purports to be a public servant. Arrest, Section 190.25-3, Penal Law. Seize badge as evidence. Plate, sign, insignia of Police or Fire Department displayed on a vehicle. Summons, Section 396, V.T.L. Seize article as evidence. Official police cards, e.g., press, special vehicle identification, etc. Confiscate, ascertain how obtained, and deliver article and report of circumstances to desk officer. Forged police card. Arrest, Administrative Code Section 14-107. Seize card as evidence. DESK OFFICER 2. Process arrests and summonses in the usual manner. 3. Invoice evidence seized and forward confiscated article to Property Clerk in the usual manner. 4. Notify commanding officer of all facts. 5. Prepare two copies of report on Typed Letterhead addressed to Chief of Department, including all facts when a police card is confiscated. FORMS AND REPORTS Typed Letterhead P.G. 212-82 Forwarding Of Fees To Audit And Accounts Sections Date Effective: 08/01/13 PURPOSE To safeguard fees being forwarded to Audit and Accounts Section. PROCEDURE When fees (cash and checks) that have been collected for forwarding to the Audit and Accounts Section: COMMAND CLERK 1. Affix the imprint of the command rubber stamp on the back of each certified, personal or bank teller's check, and bank or United States Postal money order and write the application serial #, the fee transmittal sheet # and the fee receipt # in the space provided prior to delivery to the Operations Coordinator. NOTE: When a fee is collected by a member of the service (uniformed or civilian), a FEE RECEIPT (PD122-017) will be prepared and issued. All fees must be safeguarded pending forwarding to patrol borough office. Fees collected for rifle/shotgun permits are exempt from this procedure. See A.G. 321-24, "Processing Requests for Rifle/Shotgun Permits at Precinct Stationhouse." 2. Prepare FEE TRANSMITTAL SHEET (PD122-150). 3. Assign a separate command serial number to each FEE TRANSMITTAL SHEET beginning with number one each calendar year. 4. Enter the FEE TRANSMITTAL SHEET serial number in the margin of the Fee Receipt book next to the corresponding file copy of each FEE RECEIPT. 5. Request pre-numbered Plastic Security Envelope(s) from desk officer. NOTE: Utilize one Plastic Security Envelope for all fees collected, whenever possible. 6. Enter Plastic Security Envelope serial number(s) on FEE TRANSMITTAL SHEET above the command serial number. 7. Close out unused portion of FEE TRANSMITTAL SHEET by: a. Drawing horizontal line across width of page on next unused line, and b. Drawing a diagonal line from left side of horizontal line, extending to bottom right of space allotted for "sub-total." 8. Sign all copies of the completed FEE TRANSMITTAL SHEET and deliver to the Operations Coordinator as soon as possible after 1600 hours, daily, with command copies of FEE RECEIPTS, Plastic Security Envelope(s) and all fees. NOTE: The New York City Administrative Code requires that fees be forwarded "on next business day." Fees received at commands after 1600 hours or on days when the Audit and Accounts Section is closed will be safeguarded and processed the next business day. The Audit and Accounts Section is closed for business on weekends and all civilian holidays. OPERATIONS COORDINATOR 9. Check accuracy of fees received against entries on FEE TRANSMITTAL SHEET and FEE RECEIPT book. a. Ensure that all the rubber stamp captions on certified, personal or bank teller's checks, and bank or United States Postal money orders have been completed as required in Step 1 above. 10. Sign all copies of FEE TRANSMITTAL SHEET. 11. Make entry in FEE RECEIPT book in margin of last numbered receipt used, listing receipt numbers for fees forwarded, i.e., fees for receipt numbers 1057 through 1064, forwarded 3/21/98, Sgt. Petri. 12. Place all fees in pre-numbered Plastic Security Envelope(s) and seal in accordance with instructions on the envelope. 13. Attach all copies of FEE TRANSMITTAL SHEET to outside of Plastic Security Envelope(s). 14. Place all copies of FEE TRANSMITTAL SHEET, and Plastic Security Envelope(s) in a 10" x 12" envelope, addressed to the Borough Fiscal Coordinator and arrange for messenger delivery with the A.M. mail on the next business day. NOTE: If no fees were received at the command, a negative report, on Typed Letterhead, addressed to commanding officer of borough concerned, will be sent to the borough command with the A.M. mail. COMMAND MESSENGER 15. Sign all copies of FEE TRANSMITTAL SHEET and return originating command copy (buff) to operations coordinator as receipt for fees received. 16. Deliver Plastic Security Envelope(s), with remaining four copies of FEE TRANSMITTAL SHEET to the borough office. OPERATIONS COORDINATOR 17. Have command clerk file originating command copy (buff) of FEE TRANSMITTAL SHEET serially in a binder. BOROUGH FISCAL COORDINATOR 18. Receipt for Plastic Security Envelope(s) received by signing date, rank and name on all copies of FEE TRANSMITTAL SHEET, adjacent to "Total Forwarded," and return (green) copy to command messenger. NOTE: DO NOT OPEN Plastic Security Envelope(s). COMMAND MESSENGER 19. Permanently retain (green) copy of FEE TRANSMITTAL SHEET as personal receipt. BOROUGH FISCAL COORDINATOR 20. Place borough office copy (pink) of the FEE TRANSMITTAL SHEET chronologically in binder maintained in borough office. (DO NOT separate and file by command). 21. Prepare pre-serialized CONSOLIDATED FEE RECEIPT (PD122-011) listing every command in the borough command. a. Enter information required by captions, for each command, utilizing data from FEE TRANSMITTAL SHEET. b. If no fees were forwarded by command ascertain that a negative report, on Typed Letterhead, was delivered to the borough office and write "NONE" next to command concerned under column "FEE TRANSMITTAL SHEET SERIAL NUMBER." All commands must be listed. c. Sign completed CONSOLIDATED FEE RECEIPT and submit, together with all related FEE TRANSMITTAL SHEETS, Plastic Security Envelope(s), and negative reports, to borough supervisor for review. NOTE: If a pre-serialized CONSOLIDATED FEE RECEIPT is voided, file all copies in same manner outlined in step 20. BOROUGH SUPERVISOR 22. Review items submitted for accuracy and completeness, sign CONSOLIDATED FEE RECEIPT and return all items to Borough Fiscal Coordinator. BOROUGH FISCAL COORDINATOR 23. Give plastic security envelope, all copies of CONSOLIDATED FEE RECEIPT and remaining copies (white and blue) of the FEE TRANSMITTAL SHEETS to the borough messenger in an envelope addressed to the Audit and Accounts Section for delivery with the A.M. mail on the same day received. BOROUGH MESSENGER 24. Compare FEE TRANSMITTAL SHEETS and Plastic Security Envelopes against related CONSOLIDATED FEE RECEIPT. 25. Sign all copies of CONSOLIDATED FEE RECEIPT and return "blue" copy to Borough Fiscal Coordinator as receipt for Plastic Security Envelope(s) received. BOROUGH FISCAL COORDINATOR 26. File blue copy of CONSOLIDATED FEE RECEIPT together with negative reports, where applicable, and related copies of FEE TRANSMITTAL SHEETS in same manner outlined in step 20. BOROUGH MESSENGER 27. Deliver fees contained in sealed Plastic Security Envelopes, two copies of CONSOLIDATED FEE RECEIPT (pink and white) and two copies of each FEE TRANSMITTAL SHEET (white and blue) to the Audit and Accounts Section with the A.M. mail. NOTE: Fees and related forms must be delivered before 1200 hours. AUDIT AND ACCOUNT SECTION MEMBER 28. Compare Plastic Security Envelope number(s) to corresponding FEE TRANSMITTAL SHEETS and CONSOLIDATED FEE RECEIPTS. a. Ensure each command is accounted for and listed on the consolidated FEE TRANSMITTAL SHEET. 29. Open Plastic Security Envelope(s), total fees received and compare with CONSOLIDATED FEE RECEIPT and related FEE TRANSMITTAL SHEETS for accuracy. 30. Prepare RECEIPT FOR FEES COLLECTED (PD122-170) in duplicate. 31. Machine stamp FEE TRANSMITTAL SHEETS and both copies of CONSOLIDATED FEE RECEIPT. 32. Give original RECEIPT FOR FEES COLLECTED and one copy of CONSOLIDATED FEE RECEIPT (white) to borough messenger. 33. Retain original FEE TRANSMITTAL SHEET (white), and one copy of CONSOLIDATED FEE RECEIPT (pink) and forward FEE TRANSMITTAL SHEET (blue) to command of record through Department mail. BOROUGH MESSENGER 34. Return stamped copy of CONSOLIDATED FEE RECEIPT and RECEIPT FOR FEES COLLECTED to Borough Fiscal Coordinator. BOROUGH FISCAL COORDINATOR 35. Compare stamped copy of CONSOLIDATED FEE RECEIPT (white) and RECEIPT FOR FEES COLLECTED with file copy of CONSOLIDATED FEE RECEIPT (blue). a. Notify borough supervisor of any discrepancies. b. File all copies of related receipts with copies of FEE TRANSMITTAL SHEETS and negative reports as outlined in step 20. OPERATIONS COORDINATOR 36. Compare FEE TRANSMITTAL SHEET copy (blue) received through Department mail from Audit and Accounts Sections with command file copy (buff). a. Notify Audit and Accounts Section of any discrepancies, or if FEE TRANSMITTAL SHEET copy (blue) has not been received within ten days. b. File FEE TRANSMITTAL SHEET copy (blue) with command file copy (buff) in binder. COMMANDING OFFICER 37. Conduct monthly inspection to ensure that all fees are being forwarded daily and have been received at the Audit and Accounts Section. ADDITIONAL DATA Non-patrol commands requesting an exemption from any of the aforementioned steps must submit a request, in writing, to the Director, Audit and Accounts Section. Written approval of any such exemption must be maintained on file at the requesting command and available for review by authorized auditors from other agencies. Requisition of additional pre-serialized CONSOLIDATED FEE RECEIPTS will be made direct to Audit and Accounts Section. If the command clerk, and/or operations coordinator are absent the commanding officer will designate another member of the service to assume their duties. RELATED PROCEDURES Processing Requests for Rifle/Shotgun Permits at Precinct Stationhouse (A.G. 321-24) REVOKED by I.O. 6, series 2013 FORMS AND REPORTS CONSOLIDATED FEE RECEIPT (PD122-011) FEE RECEIPT (PD122-017) FEE TRANSMITTAL SHEET (PD122-150) RECEIPT FOR FEES COLLECTED (PD122-170) Typed Letterhead P.G. 212-83 Leaving City On Official Business Date Effective: 08/01/13 PURPOSE To obtain permission and funds to leave the city on police business. PROCEDURE When required to leave the city on police business: UNIFORMED MEMBER OF THE SERVICE 1. Submit three copies of request on Typed Letterhead to Police Commissioner or Chief of Department, including: a. Rank, name, shield number and command b. Destination c. Purpose, including COMPLAINT REPORT (PD313-152) number, crime and warrant (including issuing agency) d. Identity of prisoner, if any e. Identity of escorting officer(s) f. Date and time of departure g. Estimated date of return h. Means of travel i. Estimate of expenses and who will pay them j. Statement indicating necessity to carry firearms, when appropriate k. Tour performed while out of city l. Overtime anticipated m. Next scheduled tour after return to city. NOTE: When a vehicle is to be utilized as the primary means of transportation to and from the destination (rather than by airline, railroad or bus) the member must ascertain the availability of a Department vehicle by inquiring in the following order: a) At their respective command b) If none is available at the command level, inquire at the member's respective bureau or overhead command c) If a vehicle is not available at the bureau/overhead command, the member should contact the Confidential Rental and Lease Office (CRALO), Fleet Services Division at (718) 476-5646. If there submit a Services vehicle, is a vehicle available at Fleet Services Division, the member must request on Typed Letterhead to the Commanding Officer, Support Bureau requesting approval for the assignment of a Department by CRALO, for the pending travel. This protocol does not apply to the rental of a vehicle upon arrival at a destination by airline or railroad where the vehicle is to be used only for local transportation at that site. Any questions regarding this procedure should be addressed to the Director, Audits and Accounts Unit. Members under the jurisdiction of the Patrol Services Bureau, Detective Bureau, Organized Crime Control Bureau, Housing Bureau and Transportation Bureau will address request to Chief of Department. Other members will address request to Police Commissioner. 2. Deliver request to commanding officer. COMMANDING OFFICER 3. Endorse indicating approval/disapproval. NOTE: When applicable, include the following statement in endorsement: "In compliance with Federal Aviation Authority Regulation, it is necessary that the officer retain possession of and accessibility to his weapon during flight." 4. Forward request to next higher command. COMMANDING OFFICER, NEXT HIGHER COMMAND 5. Endorse indicating approval/disapproval. 6. Forward original and first (1st) copy to Police Commissioner or Chief of Department through channels. NOTE: The original copy of a disapproved request will be returned to the originating command through channels, and an immediate telephone notification made to the commanding officer of the requesting member. COMMANDING OFFICER, P.C.O. OR CHIEF OF DEPARTMENTS OFFICE 7. Forward approved request to originating command. COMMANDING OFFICER 8. Give requesting officer(s) copy of approval. IF TRIP IS TO BE MADE BY AIRLINE: COMMANDING OFFICER 9. Instruct member(s) concerned to notify security director of airline being used and supervisor in charge, Port Authority Police, of trip and fact that firearm will be carried. UNIFORMED MEMBER OF THE SERVICE 10. Show authorization, shield and IDENTIFICATION CARD (PD416-091) to airline official prior to boarding plane. 11. Use alternate airline if permission to board aircraft while armed is refused. 12. Do not surrender firearm for storage to anyone. 13. Request permission to pre-board flight if guarding prisoner. 14. Do not permit prisoner to sit adjacent to normal or emergency exit nor next to aisle. 15. Do not carry mace, tear gas or similar devices aboard aircraft. 16. Do not consume intoxicants at any time while aboard aircraft or allow prisoner to do so. 17. Remain with prisoner at all times. 18. Do not identify self or prisoner to anyone except designated airline employee or police official having jurisdiction over any phase of flight. 19. Do not take police action which might endanger aircraft or passengers. 20. Do not display firearm or other authorized equipment. 21. Leave aircraft at the direction of the flight captain or after all passengers have debarked. 22. Keep prisoner handcuffed with hands to rear when practical. NOTE: Each prisoner transported by commercial flight must be escorted by at least two officers. 23. Obtain travel expense funds from Audit and Accounts Unit. If closed, funds may be obtained at Office of Chief of Detectives. a. Submit itemized account of expenditures within ten days after return to city. ADDITIONAL DATA When emergency circumstances require an immediate trip outside the city via department vehicle, a request may be made by telephone, through channels. Standard written request, including reference to telephone message, will be forwarded as soon as possible. When a trip outside the city on police business does not require any expenditure of funds, permission may be granted by: * * * * Police Commissioner Deputy Commissioners Chief of Department Chief of Patrol * * * * * * * Chief of Housing Chief of Transportation Chief of Internal Affairs Chief of Detectives Chief of Organized Crime Control Chief of Personnel Commanding Officer, Support Services Bureau RELATED PROCEDURE Official Trips by Department Representatives (A.G. 320-18) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) Typed Letterhead P.G. 212-84 Verification Of Pistol License Date Effective: 08/01/13 PURPOSE To verify validity of a pistol license issued by this Department. PROCEDURE Uniformed members of the service inspecting pistol licenses shall: UNIFORMED MEMBER OF THE SERVICE 1. Request licensee to produce documentary identification in addition to the pistol license. NOTE: A validated license has an embossed seal of the Police Department impressed thereon, is valid for a two year period, and expires on the licensee's birth date. 2. Verify validity of pistol license, if questionable, by telephoning License Division, during business hours, 0900 to 1700, Monday through Friday or by an inquiry into the Automated License and Permit System (ALPS). NOTE: If License Division is closed or the ALPS System cannot be accessed, the desk officer on duty at 0900 hours the next business day will make the verification and make entry in appropriate records. 3. Make entry in ACTIVITY LOG (PD112-145) of licensee's name, address, date of birth, license number and expiration date. 4. Notify desk officer of verification. DESK OFFICER 5. Enter details of verification in Command Log. WHEN VALIDITY OF PISTOL LICENSE IS QUESTIONABLE: UNIFORMED MEMBER OF THE SERVICE 6. Retain pistol license and firearm(s), if available. DESK OFFICER 7. Have COMPLAINT REPORT (PD313-152) prepared, marked for investigation. 8. Prepare report of pertinent facts on Typed Letterhead and forward to Commanding Officer, License Division, in next Department mail. RELATED PROCEDURES Recording Complaints on Complaint Report (P.G. 207-01) Processing Firearms (P.G. 218-23) "Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits" (Interim Order 6, series 2013) Pistol License Cards (A.G. 321-08) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) Typed Letterhead P.G. 212-85 Rifle/Shotgun Permit Suspended, Revoked, Disapproved Date Effective: 08/01/13 PURPOSE To facilitate the surrender of rifles, shotguns, permits and/or certificate of registration when application for a permit and registration has been denied or previously issued permits and registrations have been suspended, revoked, or will not be renewed. PROCEDURE Upon receipt of RIFLE/SHOTGUN SURRENDER NOTICE (PD641-120) from the License Division, [I.O. 6 s 13] Rifle and Shotgun Section: PRECINCT COMMANDER 1. Assign uniformed member of the service, preferably a sergeant, to conduct immediate investigation. NOTE: Investigations must be completed and all related forms returned to the [I.O. 6 s 13] Rifle and Shotgun Section, within sixty days. UNIFORMED MEMBER OF THE SERVICE 2. Give SURRENDER NOTICE to permit and registration holder. 3. Request permit holder to surrender firearm, permit and registration (if applicable). 4. Issue receipt for surrendered documents and firearm on pink copy of SURRENDER NOTICE. 5. Prepare COMPLAINT REPORT (PD313-152) if: a. Permit holder refuses or fails to surrender firearm after SURRENDER NOTICE is served and officer believes holder is violating Administrative Code by continued possession of firearm OR, b. Officer believes permit holder is purposely avoiding service of SURRENDER NOTICE. 6. Enter under "Details" on COMPLAINT REPORT: a. Identity, address and permit number of violator as it appears on original of SURRENDER NOTICE. b. Summons number, if summons served. c. Description and disposition of firearms, if surrendered. d. Disposition as related by the permit holder, if firearms are not surrendered. 7. Voucher firearms and forward to Firearms Analysis Section only if member concerned believes that weapon might have been used in commission of a crime or permit holder has been accused or convicted of a serious crime. Otherwise, forward firearm to Property Clerk. WHEN PERMIT HOLDER FAILS TO COMPLY WITH SURRENDER NOTICE RE: REVOKED, SUSPENDED OR DENIED PERMITS: 8. Serve summons for violation of Administrative Code, Section 10-303, returnable to Criminal Court. NOTE: Do not serve summons for unrenewed permits. Do not serve summons if permit holder states he/she no longer possesses the firearm but is unable to produce a DISPOSITION REPORT - REGISTRATION CERTIFICATE (PD641-121). Direct permit holder to contact License Division, Rifle and Shotgun Section. PERMIT HOLDER DOES NOT RESIDE AT ADDRESS GIVEN: 9. Attempt to obtain new address. NOTE: If new address cannot be obtained or permit holder no longer resides in precinct concerned, enter information on buff copy of SURRENDER NOTICE. 10. Prepare appropriate captions on buff copy of SURRENDER NOTICE. 11. Deliver SURRENDER NOTICE, permit and registration, if obtained, to precinct commander. PRECINCT COMMANDER 12. Endorse SURRENDER NOTICE and forward to License Division, [I.O. 6 s 13] Rifle and Shotgun Section with permit and registration, if appropriate. ADDITIONAL DATA Priority will be given to those cases in which the License Division, [I.O. 6 s 13] Rifle and Shotgun Section, indicates that the permit holder has been convicted of a serious crime or is mentally incompetent. All available information will be obtained from the License Division, [I.O. 6 s 13] Rifle and Shotgun Section, and, in addition, the precinct commander and the Legal Bureau will be consulted regarding advisability of obtaining a search warrant. Desk officers will comply with P.G. 207-26, "Voluntary Surrender of Weapons with Written Notice," and 207-27, "Voluntary Surrender of Weapons Without Prior Notice," when a permit has been revoked or denied and owner voluntary surrenders rifle and/or shotgun. "Evidence Release - Investigation" copy of PROPERTY CLERK INVOICE (PD521-141) will be forwarded to the License Division, [I.O. 6 s 13] Rifle and Shotgun Section. If an owner, after surrendering a rifle/shotgun, does not wish to obtain a permit, such owner can sell the rifle/shotgun to a permit holder or any person not required, by law, to possess a permit. Upon presentation of a bona fide bill of sale and a written representation by the owner that the weapon has been sold or otherwise disposed of, the License Division, [I.O. 6 s 13] Rifle and Shotgun Section will issue a release to the new lawful owner. RELATED PROCEDURES Voluntary Surrender of Weapons with Written Notice (P.G. 207-26) Voluntary Surrender of Weapons without Prior Notice (P.G. 207-27) Invoicing Property - General Procedure (P.G. 218-01) Processing Firearms (P.G. 218-23) Unlawful Possession of Rifles/Shotguns (P.G. 212-46) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) RIFLE/SHOTGUN SURRENDER NOTICE (PD641-120) P.G. 212-86 General And Special Election Day Duties Prior To Opening Of Polls Date Effective: 08/01/13 PURPOSE To assist members of the Election Board and ensure that polls open on schedule. PROCEDURE When assigned to a polling place on Primary, General or Special Election Day: UNIFORMED MEMBER OF THE SERVICE 1. Arrive at polling place at least fifteen minutes prior to opening of polls. 2. Deliver miscellaneous election supplies to Election Board. 3. Obtain receipt for supplies. 4. Ascertain from Election Inspector if other supplies and ledgers have been delivered in rear of voting machines. a. Have Election Inspector request Board of Election to deliver ledgers, or other supplies, if missing. 5. Inspect voting machines and complete appropriate captions on ELECTION POLL REPORT (PD119-151). 6. Observe that ballot boxes, if used, are under control of election inspectors inside guardrail. 7. Make entry on ELECTION POLL REPORT and notify desk officer if polls are not open on schedule. Include reason for delay. DESK OFFICER 8. Send supervisory officer to investigate delay in opening. ADDITIONAL DATA The precinct commander may assign a supervisory officer to oversee all election activities including maintenance of Election Record Book. In commands with less than twenty-five Election Districts, the desk officer will perform these duties. RELATED PROCEDURES Primary, General, And Special Election Day Duties When Polls Are Open (P.G. 212-87) Primary, General, And Special Election Day Duties After Close Of Polls (P.G. 212-88) Election Poll Report (P.G. 212-89) FORMS AND REPORTS ELECTION POLL REPORT (PD119-151) P.G. 212-87 Primary, General And Special Election Day Duties While Polls Are Open Date Effective: 08/01/13 PURPOSE To preserve the peace and protect the franchise of voters. PROCEDURE When assigned to a polling place: UNIFORMED MEMBER OF THE SERVICE 1. Notify desk officer if absence of Election Inspectors prohibits the opening of poll. a. Make notification every thirty minutes until poll opens b. Make additional notification when poll does open. NOTE: Election Board may operate with two members of Board present if they belong to different political parties. DESK OFFICER 2. Notify patrol borough command and borough office of Board of Elections when informed that Election Board has not opened one hour after scheduled opening time. a. Make additional notification when poll does open. UNIFORMED MEMBER OF THE SERVICE 3. Remain in polling place unless required to leave for other police duty or authorized meal period. a. Make ACTIVITY LOG (PD112-145) entry when leaving and upon return and notify desk officer. 4. Remain outside guardrail except to perform duty. 5. Do not take part in election process. 6. Notify relieving officer of conditions affecting polling place. 7. Give relieving officer ELECTION POLL REPORT (PD119-151). 8. Notify desk officer and make entry on ELECTION POLL REPORT if: a. An election inspector is unfit for duty b. Voting is interrupted for any reason c. Problems are encountered or unusual incident occurs within or in vicinity of polling place. NOTE: The following persons are permitted within guardrail: a. Election inspectors b. Persons admitted for voting privilege c. Properly identified representatives of New York State and New York City Board of Elections d. Attorney General or assistants e. Poll watchers f. Persons admitted by inspectors to preserve order. 9. Notify desk officer if problems or overcrowding occur. 10. Refer person alleging to be registered voter to Supreme Court of county if Election Board personnel refuse to grant right to vote. 11. Have persons waiting to vote immediately prior to close of polls form line. a. Prevent persons from joining line after polls close. DESK OFFICER 12. Send supervisory officer to investigate voting irregularities. 13. Notify patrol borough command of arrests, incidents, or unusual delays in voting. SUPERVISORY OFFICER 14. Supervise polling places. 15. Inspect and sign ELECTION POLL REPORT of members assigned to polling places. 16. Enter in ACTIVITY LOG time polling place is visited. 17. Inform desk officer of action taken re: voting irregularities. DESK OFFICER 18. Inform supervisory officer assigned to Election Record of complaints, time voting is interrupted and time voting resumes, etc., for entry in Record. ADDITIONAL DATA Patrol borough commands will notify Operations Unit of conditions reported per steps 2 and 13 above. RELATED PROCEDURES Primary, General, And Special Election Day Duties Prior To Opening Of Polls (P.G. 212-86) Primary, General, And Special Election Day Duties After Close Of Polls (P.G. 212-88) Election Poll Report (P.G. 212-89) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ELECTION POLL REPORT (PD119-151) P.G. 212-88 Primary, General And Special Election Day Duties After Close Of Polls Date Effective: 08/01/13 PURPOSE To expedite delivery of tally sheets to precinct and return of election material. PROCEDURE After the polls have closed: UNIFORMED MEMBER OF THE SERVICE 1. Notify desk officer if closing polls or canvassing of vote is delayed. 2. Prevent crowding during canvass. NOTE: There is no canvass of vote at polling places for School Board Elections. 3. Enter closing public and protective counter readings on ELECTION POLL REPORT (PD119-151). 4. Make entry on ELECTION POLL REPORT and notify election Board Chairman and desk officer if serious discrepancies are observed during canvass. DESK OFFICER 5. Send supervisory officer to investigate delay in closing, canvassing vote or serious discrepancy. SUPERVISORY OFFICER 6. Respond to polling place reporting delay in closing, canvassing vote, or with serious discrepancies. 7. Keep desk officer informed of conditions causing delays. 8. Supervise polling places with large number of Election Districts during canvass. UNIFORMED MEMBER OF THE SERVICE 9. Obtain police statements No. 1, 2, and 3, and inspect to ensure entries have been completed and signed by all inspectors. 10. Comply with directions of precinct commander concerning delivery of statements No. 1, 2, and 3. 11. Ascertain that election material is secured in voting machines or returned to stationhouse. 12. Give Chairman of Election Board receipt for items returned to stationhouse. 13. Complete all entries on ELECTION POLL REPORT and return form to precinct. IF DESIGNATED TO GUARD VOTING MACHINES: UNIFORMED MEMBER OF THE SERVICE 14. Enter protective counter reading and voting machines serial number in ACTIVITY LOG (PD112-145). 15. Compare protective counter with number recorded at close of polls or as provided by precinct commander (if not present at close of polls). 16. Report discrepancy, if any, to desk officer. 17. Make entries on voting machine receipts as required. 18. Notify desk officer when machines have been picked up and make entry in ACTIVITY LOG. RELATED PROCEDURES Primary, General, And Special Election Day Duties Prior To Opening Of Polls (P.G. 212-86) Primary, General, And Special Election Day Duties While Polls Are Open (P.G. 212-87) Election Poll Report (P.G. 212-89) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ELECTION POLL REPORT (PD119-151) P.G. 212-89 Election Poll Report Date Effective: 08/01/13 PURPOSE To accurately record and categorize incidents occurring at polling locations on Primary and Election Day. DEFINITIONS POLICE RELATED INCIDENT - will be used for routine police work i.e., reports of crimes, election law violations, disputes, aided cases, etc. BOARD OF ELECTIONS RELATED INCIDENT - will be used for recording incidents normally handled by the Board of Elections, i.e., defective voting machines, missing supplies, election inspector shortages, etc. DISPOSITION - will indicate corrective action taken, i.e., arrest, summons, COMPLAINT REPORT (PD313-152) number, AIDED REPORT WORKSHEET (PD304-152b) number, Board of Elections notifications, etc. ADDITIONAL DATA The total amount of incidents will be entered at the bottom of the ELECTION POLL REPORT. Only those ELECTION POLL REPORTS with a revision date of 9/92 are to be used. All others will be discarded. RELATED PROCEDURES Primary, General, And Special Election Day Duties Prior To Opening Of Polls (P.G. 212-86) Primary, General, And Special Election Day Duties After Close Of Polls (P.G. 212-88) FORMS AND REPORTS AIDED REPORT WORKSHEET(PD304-152b) COMPLAINT REPORT (PD313-152) ELECTION POLL REPORT (PD119-151) P.G. 212-90 Guidelines For Interaction With Limited English Proficient (LEP) Persons Date Effective: 10-16-13 PURPOSE To provide interpretation/translation services for members of the service in the field and at Department facilities. SCOPE Accurate interpretation/translation of foreign languages is important to providing police services. In furtherance of this, the Department provides two enhanced communication capabilities entitled "Telephonic Interpretation Service" and "Language Initiative Program" for members of the service to accurately communicate with the diverse non-English speaking communities of New York City and to assist members in criminal investigations and intelligence gathering. This procedure is limited to the use of foreign language interpretation/translation services. When a member of the service has cause to interact with an individual who is hearing impaired, the provisions of P.G. 212-104, "Interaction with Hearing Impaired Persons," should be followed. DEFINITIONS BILINGUAL MEMBER OF THE SERVICE - An employee who is able to communicate effectively in a foreign language, or American Sign Language, in addition to English. CERTIFIED DEPARTMENT INTERPRETER - A member of the service who has been tested and certified as being proficient in a foreign language, or American Sign Language, through the Language Initiative Program. INTERPRETATION - The act of listening to something in one language and orally translating it into another language. LIMITED ENGLISH PROFICIENT (LEP) - Refers to those individuals whose primary language is not English and who are unable to effectively read, write, speak or understand English. TELEPHONIC INTERPRETATION SERVICE - A certified interpreter can be accessed twenty-four hours a day/seven days a week via the telephonic interpretation service equipped Department cellular telephone (available through the patrol supervisor) or the dual handset telephone located in every precinct complaint room, detective squad, police service area (PSA) and transit district complaint room. LANGUAGE INITIATIVE PROGRAM - A corps of interpreters who can be called upon to interpret or translate in particularly complex cases and/or incidents involving uncommon foreign languages for investigative or other police purposes. Interpreters from the Language Initiative Program may be requested by contacting the Operations Unit. The program is composed of two groups: employees who identify themselves during the hiring process as being able to speak, read and/or write a foreign language and a smaller group of employees who are tested and certified as proficient in a foreign language. TRANSLATION - The replacement of a written text from one language into an equivalent written text in another language. PROCEDURE When a member of the service encounters a Limited English Proficient (LEP) person(s) and the services of an interpreter are necessary: MEMBER OF THE SERVICE 1. Determine the primary language of the LEP person(s): a. Present the poster entitled "FREE INTERPRETATION SIGN (SP 487)", the ACTIVITY LOG (PD112-145) insert entitled "PRIMARY LANGUAGE IDENTIFIER (PD312-091)", or the card entitled "PRIMARY LANGUAGE IDENTIFIER - DETECTIVE BUREAU (PD312-091A)", as appropriate, to the LEP person(s) and encourage him/her to indicate the language needed. b. Determine the LEP person(s) country of origin, if necessary, and request the Operations Unit research the language spoken in that country. 2. Ascertain if a bilingual member of the service is readily available (on scene, on duty within command/ adjoining command, at stationhouse etc.) to interpret and whether his/her use is appropriate. NOTE: The Department encourages members of the service who are not certified, but nonetheless possess language skills, to use their ability to speak a foreign language during the course of their work. The use of bilingual members as interpreters allows the Department to provide the public with a more timely and personalized response while simultaneously reducing inconvenience to LEP person(s). A non-certified member of the service may interpret if he or she reasonably believes that his or her level of language proficiency is sufficient to accurately interpret given the totality of the circumstances surrounding the LEP person's interaction with the police. If at any time during the interpretation the member determines that his/her level of language proficiency is insufficient to complete the interpretation, the telephonic interpretation service should be used or a certified interpreter should be requested via the Operations Unit. 3. Ascertain if a bilingual member of the public is readily available, willing to interpret, and whether his/her use is appropriate, if a bilingual member of the service is not readily available. NOTE: There are many exigent circumstances and emergency situations, including determining if a crime has occurred, rendering/obtaining medical treatment, and apprehending perpetrators of crimes, when the Department may need to utilize bilingual members of the public to assist in providing immediate services to LEP person(s). In addition, it may also be appropriate to use a bilingual member of the public to interpret during a non-emergency encounter if the use of such an interpreter will expedite the delivery of police services without adversely impacting the quality of the services provided. When dealing with an LEP person and a bilingual member of the public is readily available and willing to provide interpretation services, the member of the service must consider three factors to determine if the use of the non-employee interpreter is helpful: The nature and importance of the police services being provided The apparent capacity of the interpreter The apparent impartiality of the interpreter. During domestic violence situations, members of the service should avoid using family members to interpret because of potential partiality due to fear of arrest of a family member or other personal biases. Family members may be temporarily used for interpretation in domestic incidents in life-threatening situations when there is no other feasible alternative. Interviewees may be more likely to respond if an impartial party interprets. Once the situation is stabilized, a bilingual member of the service or the telephonic interpretation service should be used to verify the details of the domestic incident. The alleged offender in any type of incident, including domestic violence, should not be used as an interpreter. Using an alleged offender to interpret may increase the risk of purposeful misinterpretation and gives him or her control of the situation. As with all interviews, to the extent possible, the victim and offender should be interviewed separately and in a private setting. Victims may be reluctant to reveal details of an incident if the victim believes the offender may overhear the statement. As possible victims or witnesses to an incident, a child should be interviewed; however, whenever feasible, a child should not be used as an interpreter for any kind of police incident, including domestic violence. Some words and concepts are difficult for a child to understand and translate into another language. Interviewees are not likely to be forthcoming if a child is used to interpret and will be especially hesitant to reveal details of a sexual assault to a police officer through a child. 4. Determine if the telephonic interpretation service or Language Initiative Program should be utilized if neither a bilingual member of the service nor a bilingual member of the public is available for interpretation or their use would be inappropriate. IF THE TELEPHONIC INTERPRETATION SERVICE IS REQUIRED IN THE FIELD: 5. Request patrol supervisor to respond to the scene with the telephonic interpretation service equipped cell phone. PATROL SUPERVISOR 6. Respond to scene, if available, and utilize the telephonic interpretation service equipped cell phone to aid in interpretation. NOTE: In many cases, other than for ongoing investigations and document translation, an efficient method of obtaining interpretation services is through the use of the telephonic interpretation service. Therefore, the patrol supervisor MUST have the Department issued cellular telephone easily accessible at all times while on patrol. The use of a speaker-phone feature, if available, can enhance the effectiveness of telephonic interpretation and eliminate the need for the LEP individual to handle the telephone. Members of the service are cautioned that utilizing the speaker-phone feature allows other parties in close proximity to hear the conversation. Members of the service should be aware of their surroundings and of who is able to overhear the conversation. Members should also be aware that these calls are not recorded. Telephonic interpreters, if subpoenaed, are available for court testimony. IF THE TELEPHONIC INTERPRETATION SERVICE IS UTILIZED AT A DEPARTMENT FACILITY: DESK OFFICER/SUPERVISOR 7. Direct a member of the service to access the telephonic interpretation service via the dual handset telephone. MEMBER OF THE SERVICE 8. Utilize the dual handset telephone to access the telephonic interpretation service. NOTE: The Communications Division will forward a copy of the telephonic interpretation service invoice to the Patrol/Transit/Housing Borough concerned for verification. The Patrol/Transit/Housing Borough Commander will designate a staff member to review the invoice and dispute any unauthorized calls. IF THE LANGUAGE INITIATIVE PROGRAM IS UTILIZED: 9. Advise immediate supervisor of the need for an interpreter/translator. SUPERVISOR/ MEMBER OF THE SERVICE 10. Notify the Operations Unit and request available interpreter/translator. Supply as much of the following information as possible: a. Whether or not emergency circumstances exist b. Name of language and specific dialect c. Whether request is for speaking, reading or writing ability d. Name and callback number, if possible. NOTE: The Department's certified interpreter list is available through the Operations Unit twenty-four hours a day/seven days a week. OPERATIONS UNIT MEMBER 11. Ascertain from available database a list of all registered translators and interpreters. 12. Contact a registered interpreter/translator and advise him/her of the need for his/her services. 13. Instruct member of the service selected to call the on-scene supervisor to ensure linguistic ability is adequate for the situation at hand. 14. Notify the Intelligence Bureau Criminal Intelligence Section of all inquires made into the Language Initiative Database. NOTE: Operations personnel should seek to rely on the foreign language skills of those personnel who are certified as being proficient in the foreign language requested. Preference shall be given to the use of on-duty members. If no certified Department interpreter is available within the precinct, a certified Department interpreter who is available within the borough should be sought. In routine or non-emergency situations, the duty captain or commanding officer of the requesting supervisor will review and authorize any request which will result in overtime or recall of an off-duty member of service. In emergency circumstances, overtime or recall of an off-duty member of service will be authorized by the Operations Unit supervisor. SUPERVISOR/ MEMBER OF THE SERVICE CONCERNED 15. Verify with the member of the service that he or she is able to communicate in the language requested. 16. If the selected member of the service is not suitable, request Operations Unit to identify another interpreter/translator. OPERATIONS UNIT 17. Authorize response of interpreter/translator by notifying member of the service and his/her desk officer or counterpart. SUPERVISOR REQUESTING INTERPRETER/TRANSLATOR 18. Submit a brief report, in triplicate, on Typed Letterhead to Chief of Personnel, and include the following: a. Identify member of the program utilized b. Describe translation/interpretation duties performed c. Indicate actual time spent on such duties d. Specify any noteworthy performance or initiative, and whether member demonstrated any other special aptitude or ability. NOTE: A notification to the Operations Unit is required when certified Department interpreters are utilized by their own commands ("in-house" translations) to interpret or translate in the course of police duties. IN ALL CASES WHEN AN INTERPRETER IS USED: MEMBER OF THE SERVICE 19. Record the identity of an interpreter (bilingual member of the service, bilingual member of the public, telephonic interpretation service, or a certified Department interpreter) utilized during a police incident in ACTIVITY LOG (PD112-145). In addition, indicate the identity of the interpreter on any relevant Department record prepared (COMPLAINT REPORT WORKSHEET [PD313-152A], ON LINE BOOKING SYSTEM ARREST WORKSHEET [PD244-159], New York State Domestic Incident Report [DIR] [DCJS 3221-02/2010], etc.) under the appropriate captions or in the details/narrative section, as appropriate. ADDITIONAL DATA When determining whether or not the person is LEP as defined in this procedure, the member of the service must consider both the nature and importance of the police services being provided in addition to the person's apparent capacity to comprehend and communicate in English. A person who is considered LEP in one situation may not necessarily be considered LEP in a different situation. For example, a person with a limited ability to understand English may be able to interact effectively with the police at the scene of a motor vehicle collision, but not be able to interact effectively with the police during a homicide investigation, due to the complex characteristics and intricacies of such an incident. If doubt exists regarding whether a person is LEP, or if the person requests an interpreter, the person should be considered LEP and this procedure complied with. Unit commanders should consider the members' certification or qualification status whenever members are utilized to translate or interpret. Members being assigned to perform interpretation for investigative assignments (e.g., wiretaps, interviews, debriefings, custodial interrogations, etc.) or translation duties should be certified Department interpreters. Whenever interpretation for an investigative assignment or translation skills are required, supervisors should consult the Department list of certified interpreters through the Operations Unit to determine if a certified member is available to perform the needed duties. It is recommended that certified members of the Language Initiative Program be used for custodial interrogations. However, not every language is represented under the Language Initiative Program. Use of non-certified members for investigative assignments in non-emergency situations must be approved by a uniformed supervisor. FORMS AND REPORTS ACTIVITY LOG (PD112-145) TYPED LETTERHEAD COMPLAINT REPORT WORKSHEET (PD313-152A) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) New York State Domestic Incident Report (DIR) (DCJS3221-02/2010) FREE INTERPRETATION SIGN (SP 487) PRIMARY LANGUAGE IDENTIFIER (PD312-091) PRIMARY LANGUAGE IDENTIFIER - DETECTIVE BUREAU (PD312-091A) P.G. 212-91 Department Request For New York City Transit Buses Date Effective: 08/01/13 PURPOSE To provide procedures for requesting New York City Transit buses to be used for police purposes. SCOPE New York Transit makes its buses available to the Department for use in a variety of situations. The assignment of buses may be scheduled ahead of time for use in such planned activities as arrest sweeps or homeless transports. Buses may also be requested as needed for use in responding to an emergency, where they can serve as transportation to hospitals for large numbers of aideds suffering from minor injuries, shelter for victims of disasters and staging/rest locations for emergency responders, etc. PROCEDURE To request the use of New York City Transit buses in future planned operations, or in unplanned emergency operations: COMMANDING OFFICER/COUNTERPART 1. Make request to appropriate Patrol, Transit or Housing Borough. IF FUTURE PLANNED OPERATION 2. Prepare written request to the Commanding Officer of the Operations Unit specifying the following: a. The nature of the activity b. The time and date of the activity c. The location where the bus is to be used d. Whether a New York City Transit bus operator is needed or whether the bus will be driven by a member of the service. 3. Forward request to borough commander. BOROUGH COMMAND CONCERNED 4. Endorse approved request and forward to Operations Unit. IF UNPLANNED EMERGENCY OPERATION COMMANDING OFFICER/COUNTERPART 5. Telephone request to appropriate Borough Command. a. Provide the information as described in step 2a, above. BOROUGH COMMAND CONCERNED 6. Upon approval, forward telephone request directly to the Operations Unit. OPERATIONS UNIT MEMBER CONCERNED 7. Forward requests for New York City Transit buses to the New York City Bus Command Center at (718)-927-7777. a. Provide the information as described in step 2a, above. NOTE: The New York City Transit Bus Command Center will make the necessary arrangements for securing the requesting bus or buses. The Bus Command Center will notify the Operations Unit when the arrangements are complete, and the Operations Unit will then relay the information to the requesting Borough. ADDITIONAL DATA When possible, requests for buses should be made sufficiently in advance to allow the time necessary for making arrangements, scheduling New York City Transit bus drivers, etc. It is often difficult for New York City Transit to supply buses for use during rush hours without adversely affecting regular bus service. Consequently, when a choice is available, the off-peak usage of buses is recommended. P.G. 212-92 Use Of Tear Gas Date Effective: 08/01/13 PURPOSE To provide for the use of tear gas. SCOPE Tear gas is an effective device when used judiciously in selected tactical situations. Its use by the Emergency Service Unit is designed to minimize, rather than increase, the potential for serious physical injury. However, such use carries with it the danger of physical injury or material damage regardless of the care exercised in its application. Therefore, it is imperative that measures be established for the judicious use of tear gas by members trained for this purpose while at the same time providing for the decontamination of those affected, whether civilian or police personnel. PROCEDURE When circumstances indicate the use of tear gas may be warranted: RANKING UNIFORMED MEMBER OF THE SERVICE AT THE SCENE 1. Notify radio dispatcher and request the following to respond to the scene: a. Precinct commander/duty captain b. Borough commander or designee c. Emergency Service REP Unit and truck d. Emergency Service Unit supervisor. NOTE: The ultimate decision concerning use of tear gas rests with the patrol borough commander or designee. Technical decisions concerning amount of gas and method of application will be made by the ranking member of the Emergency Service Unit at the scene. BOROUGH COMMANDER/DESIGNEE, AND EMERGENCY SERVICE UNIT SUPERVISOR 2. Prior to use of tear gas, develop an operational plan to include, but not be limited to, the following: a. Establish a designated mobilization point. b. Station all police personnel not actively engaged in using the gas at a safe distance from its contaminating effects. c. Evacuation of all civilians from premises and away from areas likely to be affected by police operations, if such can be accomplished safely. d. Request Communications Section to direct the following to respond to the designated mobilization point and stand by thereat: (1) Fire Department company (2) Emergency Medical Service ambulance (3) Emergency Medical Service borough supervisor (4) Hazardous Material Decontamination Trailer and Support Vehicle (5) Department Patrol Wagon. ADDITIONAL DATA The use of tear gas generally will result in contamination of persons and clothing to varying degrees. Since tear gas adheres to clothing, persons exposed to the gas may contaminate others in their proximity. Therefore, ALL persons exposed to the gas should be isolated from public contact, if possible, and afforded necessary treatment, including medical evaluation, when indicated. First aid procedures call for the immediate removal of persons from the contaminated area to an open and upwind position. Eyes should be kept open and facing the wind and, if feasible, flushing the face, eyes and exposed skin with copious amounts of fresh, cool water is recommended. As noted above and if time allows, the Decontamination Trailer should be activated and brought to the mobilization point for this purpose. When the decision is made to use tear gas, the Decontamination Trailer should be made operative and positioned so that affected individuals can be decontaminated immediately. This method can be used to remove virtually all tear gas residue and should prevent unnecessary contamination of hospital emergency rooms if further treatment is necessary. Contaminated clothing should be removed at the scene, if practicable, and replaced by a disposable poly-laminated tyvex suit, supplied by the Emergency Medical Service, or, if unavailable, a loosely draped blanket. Tight clothing should not be worn. Contaminated clothing or uniforms should be thoroughly aired and washed with soap and water before being worn. Dry cleaning will NOT remove tear gas residue. If discomfort persists, the person affected should be removed to a New York City hospital designated by the Emergency Medical Service supervisor on the scene for medical attention. When a person contaminated with tear gas is seriously ill or injured and hospital treatment is indicated, the Emergency Medical Service borough supervisor will direct the ambulance crew to respond to the designated city hospital. As directed by the Emergency Medical Service borough supervisor, on-scene decontamination procedures should be performed to the extent that such are medically feasible. Emergency Medical Service supervisors will be responsible for establishing liaison with the designated hospital administrator or deputy. Members of the service will comply with the directions of the Emergency Medical Service supervisor PRIOR to entering the facility with contaminated persons. If immediate medical attention is necessary, the Emergency Medical Service supervisors may designate any nearby medical facility. The final determination on which medical facility to use rests with the Emergency Medical Service borough supervisor. If the injured person being removed is under arrest, a uniformed member of the service will accompany the prisoner to the hospital. Patrol Guide procedure 210-04, "Prisoners Medical Attention" and related procedures will be complied with. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) P.G. 212-93 Use Of Department Canine Teams Date Effective: 08/01/13 PURPOSE To inform uniformed members of the service of circumstances under which the Department's canine teams may be utilized. SCOPE AUTHORIZED TACTICAL USES: PATROL CANINES a. Search buildings where a possible break-in is indicated or where a suspect may be hiding, providing non-suspects are not present in the building. b. Track suspects or missing persons. c. Locate lost/abandoned articles or hidden implements of crime. d. Assist in effecting arrest or preventing escape of person who police officer has probable cause to believe committed a felony. e. Protect police officers and other persons from injury and death. f. Assist in the service of arrest/search warrants. g. Safeguard police equipment and designated facilities, as needed. h. Perform cadaver searches for deceased humans or body part(s). i. Locate persons trapped or buried in a building collapse or search and rescue situation. j. Perform searches for felony suspects within the transit system, including subway tracks. NOTE: Tactical use of canine teams not specifically authorized is prohibited without prior approval of the borough commander concerned. PROCEDURE When necessary to request utilization of a Department canine team: UNIFORMED MEMBER OF THE SERVICE 1. Request patrol supervisor to respond to the scene. NOTE: Canine teams are available for duty upon request from any command/unit within the Department. PATROL SUPERVISOR 2. Determine if circumstances warrant use of canine team. 3. Request response of canine team through Communications Section. 4. Consult with canine handler(s) prior to directing the tactical use of canine team(s) to determine if required task can be performed. 5. Establish appropriate perimeter around area to be searched. a. Avoid contamination of the scene with human scent created by the presence of unnecessary persons, including police personnel, when searching a building or tracking. 6. Notify commanding officer/duty captain concerned of any incident of physical injury caused by a canine. UNIFORMED MEMBER HANDLING CANINE 7. Notify member's commanding officer/duty captain and canine supervisor immediately when canine injures anyone or is involved in any incident that may cause civil liability to the City of New York, on or off-duty, regardless of incident location. PRECINCT COMMANDER/DUTY CAPTAIN CONCERNED 8. Investigate any incident of physical injury caused by a canine. 9. Ensure immediate notifications are made to canine supervisor/coordinator after any canine incident. 10. Prepare report on Typed Letterhead detailing tactical uses of canine teams within the command and maintain appropriate records. a. Forward copy of report to canine coordinator through the Special Operations Division. NOTE: The precinct commanding officer or duty captain assigned will supervise the preparation of written reports of canine incidents resulting in injuries to anyone, other than the handler. A copy of such report will be forwarded to the canine coordinator through the Special Operations Division. 11. Determine if request(s) for extra-jurisdictional tactical use of canine teams are proper. a. Request approval of patrol borough commander. b. Make required notifications. ADDITIONAL DATA Canine teams will not be used for crowd control or as a deterrent at peaceful demonstrations. Request for use of canine teams at other than peaceful demonstrations requires the prior approval of the Chief of Patrol. The Canine Program is under the jurisdiction of the Patrol Services Bureau with program staff supervision and training provided by the Commanding Officer, Special Operations Division. Any requests for canine team services from agencies outside this Department will be directed to the Operations Unit. AUTHORIZED USES: DEPARTMENT BLOODHOUNDS A bloodhound has the unique ability to discriminate between scents and usually will not be sidetracked by other scents crossing a search path. When a scent is fresh, a patrol canine will normally be sufficient to perform the search and should be utilized first. When it is determined that a search for a live person(s) requires the unique scent discrimination ability of a bloodhound and the search cannot be handled by a patrol canine, a request will be made to the Operations Unit which will transmit the request to the bloodhound handler. The determination and request will be made by a supervisor from the Special Operations Division or Emergency Service Unit on the scene after consultation with the duty captain and a uniformed member of the Canine Unit. Prior to requesting a Department bloodhound, it must be determined that a good, uncontaminated scent article has been identified and will be safeguarded until the arrival of the bloodhound handler. The article is not to be handled by anyone, including members of the service. If it must be moved or collected, consult with a canine handler for instructions prior to removal. Scent articles can consist of any uncontaminated material (blood, clothing, etc.) that has been recently in contact with the person being sought. Washed clothes are not acceptable. A bloodhound will only trail from an uncontaminated scent article toward a person (living or dead). They are not trained to trail from a person (living or dead) to the origin of the trail (backtrack). Uniformed members of the service requesting a bloodhound should be aware that the bloodhound handler does not have the same protection as a patrol canine handler since a bloodhound is trained to track only, and will not defend the handler or assist in apprehending a subject. P.G. 212-94 Use And Issuance Of Shotguns/Long Guns/Automatic Weapons Date Effective: 08/01/13 PURPOSE To provide guidelines for the use of shotguns/long guns/automatic weapons and to maintain security and control the issuance of such weapons. PROCEDURE When a uniformed member of the service is issued a shotgun/long gun/automatic weapon: DEFINITION SPECIAL WEAPONS - Refers to shotguns/long guns/automatic weapons. NOTE: The following guidelines are to be followed by all uniformed members of the service; however, more restrictive and/or specific guidelines may be imposed by a bureau chief, in addition to those listed below. DESK OFFICER 1. Maintain a log in a department record book, consisting of three sections, entitled "Special Weapons Record:" a. The first section, twenty pages labeled "QUALIFICATION SECTION," will be captioned on a single page as follows: MEMBER'S RANK NAME TAX REGISTRY NUMBER DATE QUALIFIED DATE QUALIFIED DATE QUALIFIED b. The second section labeled "ISSUANCE SECTION" will be captioned, across a double page, as follows: LEFT PAGE TIME DATE OUT RIGHT PAGE SPECIAL WEAPON SERIAL NO. RANK NAME SIGNATURE SIGNATURE OF SUPERVISOR AUTHORIZING USE TIME RETURNED SHIELD NUMBER CURRENT DATE QUALIFIED REASON SIGNATURE OF VERIFYING SUPERVISOR c. Third section, last four pages labeled "MAINTENANCE SECTION" will be captioned across a double page, as follows: LEFT PAGE DATE RECEIVED SPECIAL WEAPON SPECIAL WEAPON SERIAL NUMBER RIGHT PAGE SIGNATURE OF SUPERVISOR AUTHORIZING REMOVAL DATE REMOVED FROM COMMAND DATE RETURNED REASON MOS SIGNATURE SIGNATURE OF SUPERVISOR VERIFYING RETURN OF SPECIAL WEAPON DATE INSPECTED BY FIREARMS UNIT NOTE: The Special Operations Division has separate guidelines for the issuance of special weapons. 2. Have unissued special weapons stored in the locked gun cabinet. NOTE: Special weapons should be wiped down and lubricated periodically by an authorized person at the command of issuance. 3. Verify that member concerned is currently qualified by the Department in the use of special weapons to be used. NOTE: Under no circumstances will a special weapon be issued to, or handled by a member whose range qualifications are not current. 4. Make required entries in "Special Weapons Record". 5. Issue special weapon to qualified member concerned. NOTE: A shotgun is a mandated item of equipment when one officer sector patrol vehicles are utilized and for use by solo Highway District personnel. 6. Make a Command Log entry at the beginning of each tour indicating the disposition of all special weapons assigned to command. UNIFORMED MEMBER OF THE SERVICE 7. Make required entries in "Special Weapons Record". 8. Load/unload the special weapon at the safety station maintained at command. NOTE: Uniformed members of the service shall only carry special weapons and ammunition authorized and issued by this Department while on duty. UNIFORMED MEMBER OF THE SERVICE ASSIGNED TO DESIGNATED SECTOR AS A SOLO UNIT: UNIFORMED MEMBER OF THE SERVICE 9. Lock and secure windows, doors, and place shotgun in the locking device of RMP in all of the following situations: a. When leaving shotgun in an unoccupied vehicle b. When responding to a scene where other members are present, unless extraordinary circumstances dictate the need for shotgun. 10. Immediately return shotgun to precinct of issuance, if defective. DESK OFFICER 11. Have defective shotguns/other special weapons delivered to Department Gunsmith at the Outdoor Range, for repairs or replacement, during the second (2nd) platoon, Monday through Friday. 12. Notify patrol supervisor and Communications Section of any change in the status of a solo RMP unit. NOTE: In all cases where a solo RMP unit, assigned to a designated sector, is converted to a solo SP10, solo summons unit or any other one or two officer unit, the shotgun must be immediately returned to the command. ADDITIONAL DATA Uniformed members of the service should not unnecessarily display special weapons. Their use should be limited to those situations where the officer would ordinarily carry his firearm in his hand for the purpose of safety and the tactical situation indicates use of a special weapon clearly outweighs the use of the handgun. The actual use of the special weapon should only be in a situation where the circumstances spell out a potential case of justifiable use of deadly physical force, as a last resort after all other means have been exhausted. All provisions of the Patrol Guide and other Department directives regarding the use of firearms are also applicable use of special weapons. The following additional guidelines regarding the issuance and utilization of special weapons for various Department units are to be complied with in addition to the preceding procedures: DETECTIVE/ORGANIZED CRIME CONTROL BUREAUS: Detectives/Organized Crime Control Bureau personnel shall utilize the special weapons and tactical expertise of Emergency Service personnel for pre-planned events. If there is insufficient time or other compelling factors are present, a captain or above may authorize the issuance of special weapons when all the following circumstances exist: a. A tactical plan is formulated b. It is a potential arrest situation c. An arrest or search warrant has been issued. d. There is a history of violence on the part of the perpetrator. Special weapons may be issued when other circumstances would lead a reasonable person to believe that the use of special weapons would be prudent and necessary. A captain or above must accompany those members issued such weapons on their assignments and maintain firearms control. A captain or above will insure that all members are wearing a protective vest and the special weapon is unloaded, opened and encased while being transported to scene and upon conclusion of assignment. The special weapon will not be loaded until arrival at scene of incident. Special weapons shall not be used without the direction of the captain or above except in those situations which require immediate action to prevent serious bodily injury or death and then only if the lives of innocent people are not unnecessarily endangered. When services of Emergency Service Unit are utilized in connection with a pre-planned tactical operation, only members of Emergency Service Unit will carry shotguns/special weapons. EMERGENCY SERVICE UNIT/HARBOR UNIT: The use of special weapons will be limited to specific instances as outlined below: a. When a barricaded criminal, hostage taker or emotionally disturbed person possesses a firearm or the member has reasonable grounds to believe such person possesses a firearm. b. When a hostage taker is armed with a weapon and is threatening the life of a hostage and it may become necessary to use deadly physical force to protect the life of the hostage. c. When conducting searches for armed perpetrators or when it is believed such perpetrators are armed, including the executions of warrants. d. When engaged in VIP escorts and protection. e. When guarding dangerous criminals in conjunction with the New York City Department of Corrections. f. When guarding payrolls, narcotics or weapons transfers. g. When a captain or above deems a special weapon appropriate for the situation at hand. h. When a spontaneous incident takes place which requires immediate action to prevent serious bodily injury or death, and then only if the lives of innocent people are not unnecessarily endangered. i. Special weapons shall not be utilized in restraining an emotionally disturbed person unless the circumstances of sub-division "a" exist. Authorized members of the service assigned to Highway Units can be issued special weapons under circumstances described in sub-divisions "d" and "e" above. A special weapon is issued to a member for his own protection and will, as a general rule, only be employed in the defense of his own life, another officer's life, or the life of an innocent civilian. Solo officers, detectives and members assigned to the Organized Crime Control Bureau have not been trained in the specialized tactics utilized by Emergency Service Unit personnel and should not be used as their replacements. RELATED PROCEDURES Firearms Discharge by Uniformed Members of the Service (P.G. 212-29) P.G. 212-95 Use Of Pepper Spray Devices Date Effective: 08/01/13 PURPOSE To inform uniformed members of the service of circumstances under which pepper spray may be intentionally discharged and to record instances where pepper spray has been discharged, intentionally or accidentally. SCOPE Use of Oleoresin Capsicum (O.C.) pepper spray constitutes physical force under the New York State Penal Law. Use of pepper spray is proper when used in accordance with Article 35 of the Penal Law and Department procedures. O.C. pepper spray may be used when a member reasonably believes it is necessary to effect an arrest of a resisting suspect, for self-defense or defense of another from unlawful force, or to take a resisting emotionally disturbed person into custody. In many cases, pepper spray will reduce or eliminate the need for substantial physical force to effect an arrest or gain custody. It will often reduce the potential for injuries to members and suspects that may result from physical restraint and it should be regarded as a possible alternative to such force and restraint, where practical. Pepper spray shall not be used in situations that do not require the use of physical force. O.C. pepper spray may be used in arrest or custodial restraint situations where physical presence and/or verbal commands have not been, or would not be, effective in overcoming physical resistance. PROCEDURE When necessary to use pepper spray device: UNIFORMED MEMBER OF THE SERVICE 1. Hold pepper spray in an upright position, aim and discharge pepper spray into a subject's eyes for maximum effectiveness, using two one second bursts, at a minimum distance of three feet, and only in situations when the uniformed member of the service reasonably believes that it is necessary to: a. Protect self, or another from unlawful use of force (e.g., assault) b. Effect an arrest, or establish physical control of a subject resisting arrest c. Establish physical control of a subject attempting to flee from arrest or custody d. Establish physical control of an emotionally disturbed person (EDP) e. Control a dangerous animal, by deterring an attack, to prevent injury to persons or animals present. 2. Effect arrest of criminal suspect against who pepper spray was used and charge with crime which initiated use of the pepper spray. a. Add resisting arrest charge, when appropriate b. P.G. 210-13, "Release Of Prisoners - General Procedure" will be complied with if it is determined that arrested person did not commit the crime or that no crime was committed. c. P.G. 216-05, "Mentally Ill Or Emotionally Disturbed Persons," will be complied with, when appropriate. NOTE: Do not use pepper spray on subjects who passively resist (e.g., going limp, offering no active physical resistance). If possible, avoid using pepper spray on persons who appear to be in frail health, young children, women believed to be pregnant, or persons with known respiratory conditions. Avoid discharging pepper spray indiscriminately over a large area for disorder control. (Members who are specifically trained in the use of pepper spray for disorder control may use pepper spray in accordance with their training, and within Department guidelines, and as authorized by supervisors.). In addition, avoid using O.C. spray in small contained areas such as automobiles and closets. 3. Request response of Emergency Medical Service (EMS) once the situation is under control. a. Advise person sprayed that EMS is responding. 4. Remove the subject from the contaminated area and expose to fresh air while awaiting the arrival of EMS, or transportation to hospital/stationhouse if tactically feasible. a. Determine whether the person sprayed is wearing contact lenses. (It is strongly recommended that contact lenses be removed as soon as possible after exposure to O.C. spray.) 5. Position subject on his/her side or in a sitting position to promote free breathing. a. The subject should never be maintained or transported in a face down position. b. Do not sit, stand, or kneel on subject's chest or back. 6. Provide assistance to subject as follows: a. When consistent with member's safety, and provided a source of water is readily available, the uniformed member should flush the contaminated skin area of a subject with profuse amounts of water. b. Repeat flushing at short intervals, if necessary, until symptoms of distress subside. c. Continue flushing the contaminated skin of the subject in custody, at the stationhouse as needed. d. Commence the flushing of a subject's contaminated skin upon arrival at the stationhouse, if this has not already been done. NOTE: Do not rub or touch skin of contaminated person, as the initial effect of pepper spray does not dissipate for 15 - 20 minutes. Also, do not use salves, creams, ointments, commercial eye washes or bandages. The desk officer will ensure that all prisoners who have been sprayed with pepper spray receive appropriate first aid, if needed, upon arrival at the stationhouse. Desk officers are also responsible for ensuring that prisoners who have been sprayed with pepper spray are properly observed throughout the arrest process, and that they receive prompt medical attention if they need or request it. A Command Log entry will be made stating whether the prisoner has had his/her skin flushed with water, been examined by EMS, or been transported to the hospital. 7. Transport prisoner immediately to the emergency room of the nearest hospital if he/she is demonstrating difficulty breathing, or exhibiting signs of severe stress, hyperventilation etc. a. Windows of transport vehicle should be kept open b. Members who come in contact with persons who have been exposed to pepper spray must thoroughly wash their hands afterward and avoid having any contaminated clothing make contact with their face c. Advise hospital staff that pepper spray has been used on prisoner. 8. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD 244-159) and MEDICAL TREATMENT OF PRISONER (PD 244-150) in arrest situations. 9. Complete the AIDED REPORT WORKSHEET (PD 304-152b) in non-arrest situations, e.g. EDP, and: a. Check box "O.C. Spray Used" b. Enter rank, name, and tax registry number, of each MOS who discharged spray in the "Details" caption c. List the time, doctor's name, and diagnosis under "Details" caption, when applicable. COMMANDING OFFICER, M.I.S.D. 10. Provide a quarterly printout of all arrest and aided incidents where pepper spray was discharged to the commanding officer, Firearms and Tactics Section. COMMANDING OFFICER, FIREARMS AND TACTICS SECTION 11. Analyze situations where O.C. spray was employed to evaluate its effectiveness. a. As appropriate, modify existing training/tactics relative to the use of pepper spray. ADDITIONAL DATA The only pepper spray authorized for use is the type issued to all uniformed members through the Firearms and Tactics Section. In order to maintain the effectiveness of the spray, it is recommended that the device be shaken at the start of each tour. Carrying the pepper spray device during normal patrol duty should be sufficient to keep the solution thoroughly mixed. Pepper spray will not automatically stop all subjects, and even when it does incapacitate, the effects are temporary. Members should therefore be ready to use other appropriate force options and tactics. When performing duty in uniform, the pepper spray shall be carried in its holster attached to the non-shooting side of the gun belt. When performing enforcement duty in civilian clothes the pepper spray must be carried, in the holster attached either to a belt or in another appropriate manner. Undercover members may opt not to carry the pepper spray. Members of the service may carry the pepper spray device during off duty hours. RELATED PROCEDURES Lost or Damaged Uniform (P.G. 204-07) Prisoner Requiring Medical/Psychiatric Treatment (P.G. 210-04) Release of Prisoners - General Procedure (P.G. 210-13) Hazardous Material (P.G. 212-37) Hostage/Barricaded Persons (P.G. 212-38) Aided Cases - General Procedure (P.G. 216-01) Preparation of Aided Report Worksheet (P.G. 216-02) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Loss or Theft of Department Property (P.G. 219-20) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 212-96 Traffic Enforcement Agent Victim Of An Offense While Performing Duty Date Effective: 08/01/13 PURPOSE To report and record incidents in which traffic enforcement agents are victims of an offense while performing duty. PROCEDURE When a traffic enforcement agent is the victim of harassment, assault, reckless endangerment, menacing (H.A.R.M.), or any other circumstances that prevent them from performing their duties, follow normal civilian work related injury reporting procedures (see "RELATED PROCEDURES") and: TRAFFIC ENFORCEMENT AGENT 1. Request the response of patrol supervisor, precinct of occurrence, and a [I.O. 1 s 11] Traffic Enforcement District supervisor. 2. Remain at scene unless hospitalization or medical attention is required. 3. Request witness(es) to await arrival of the patrol supervisor, precinct of occurrence. NOTE: In cases involving offenses against traffic enforcement agents, the patrol supervisor, precinct of occurrence must respond to the scene and conduct the initial investigation. A [I.O. 1 s 11] Traffic Enforcement District supervisor must respond to the scene and assist in the investigation. PATROL SUPERVISOR 4. Investigate circumstances. 5. Interview traffic enforcement agent concerned. a. Ensure that proper enforcement action has been taken against any person harassing, assaulting, etc. a traffic enforcement agent, if warranted. 6. Obtain the name of the hospital, attendant and doctor, if removed to a hospital. a. Notify the Operations Unit promptly, if the member of the service injured requires hospital treatment. b. An additional notification to the Operations Unit is also required before final reports are prepared to update Operations of the status of the injured member of the service. 7. Have COMPLAINT REPORT (PD313-152) prepared, if necessary, and refer case to appropriate detective squad if suspect has fled the scene, or if there are other reasons why additional investigation is appropriate. 8. Ensure the preparation of a Police Accident Report (MV104AN), if vehicle involved, or AIDED REPORT WORKSHEET (PD304-152b), in all other cases, and forward in normal manner. a. Interview witnesses and have them prepare a WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065). 9. Prepare an UNUSUAL OCCURRENCE REPORT (PD370-152), and include a statement whether the traffic enforcement agent concerned was a victim of assault, (as defined in New York State Penal Law, Section 120), if injury is serious or if it is a newsworthy, significant incident, and forward to Chief of Transportation through channels. [I.O. 1 s 11] TRAFFIC ENFORCEMENT DISTRICT SUPERVISOR 10. Prepare PARKING ENFORCEMENT DISTRICT H.A.R.M. REPORT (PD 313-1515) and forward as indicated on form, if harassment, assault, reckless endangerment, or menacing against the traffic enforcement agent is verified during the investigation. [I.O. 1 s 11] 11. Notify Traffic Enforcement District, Traffic Management Center, Employment Section and Operations Unit. 12. Forward copies of all forms prepared to the Employment Section, attention of the Employee Benefits Unit. C.O./TRAFFIC ENFORCEMENT AGENT INVOLVED 13. Comply with Administrative Guide 319-15, "Civilian Employee - Injury," when a traffic enforcement agent is injured while performing duty. ADDITIONAL DATA Whenever a traffic enforcement agent, while performing official duties, claims an assault or is the subject of any other crime by an individual, and the agent wishes to prefer charges, the patrol supervisor, precinct of occurrence will determine if probable cause exists. Upon that determination, an arrest may be affected and the traffic enforcement agent involved will be the complainant in such cases. In all cases where traffic enforcement agents are injured on duty, notifications will be made by Communications Division to both the duty captain and to the Traffic Management Center. The Traffic Management Center will then notify a ranking member of the [I.O. 1 s 11] Traffic Enforcement District. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) [I.O. 7 s 13] Vehicle Collisions - General Procedure (P.G. 217-01) Civilian Employee - Injury (A.G. 319-15) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT (PD313-152) PARKING ENFORCEMENT DISTRICT H.A.R.M. REPORT (PD313-1515) UNUSUAL OCCURANCE REPORT (PD370-152) WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065) Police Accident Report (MV104AN) P.G. 212-97 School Safety Agent - Victim Of An Offense While Performing Duty Date Effective: 08/01/13 PURPOSE To report and record incidents in which school safety agents are victims of an offense while performing duty. PROCEDURE When a school safety agent is the victim of an offense while performing duty, follow normal civilian work related injury reporting procedures (see "RELATED PROCEDURES") and: SCHOOL SAFETY AGENT 1. Request a school safety supervisor and school safety sergeant, precinct of occurrence, to respond. 2. Notify the principal of the incident as soon as possible. 3. Remain at scene unless hospitalization or medical attention is required. 4. Request witnesses to await arrival of the school safety supervisor and the precinct school safety sergeant/patrol supervisor. NOTE: In cases where there is no school safety supervisor assigned to the school, a school safety supervisor MUST respond from the school safety borough office. In cases where the precinct school safety sergeant is unavailable, the patrol supervisor MUST respond. SCHOOL SAFETY SUPERVISOR 5. Ensure that the school principal has been notified. 6. Initiate investigation. 7. Interview school safety agent concerned. 8. Obtain the name of the hospital, attendant and doctor, if removed to a hospital. 9. Have a school safety agent prepare, in own handwriting, if possible: a. Two copies of Employee Option Form (DP2002) b. Two copies of Employee's Notice of Injury (WCD23) (Law Department form #WCD23), and submit to commanding officer, precinct of occurrence. 10. Interview witness(es) and request that WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065) be prepared. 11. Prepare two copies of Supervisor's Report of Injury (WCD201). a. Ensure that the injury is reported to the Employment Section, Employee Benefits Unit, (646) 610-6820, immediately following the incident or by the next business day. 12. Prepare COMPLAINT REPORT WORKSHEET (PD313-152a), if necessary, and refer to appropriate precinct detective squad. 13. Prepare a Police Accident Report (MV104AN), if vehicle involved, or AIDED REPORT WORKSHEET (PD304-152b), in all other cases, and forward in normal manner. PRECINCT SCHOOL SAFETY SERGEANT/PATROL SUPERVISOR 14. Respond to scene and review actions taken by the school safety supervisor. 15. Notify the Operations Unit promptly, if the member of the service injured requires hospital treatment. a. An additional notification to the Operations Unit is also required before final reports are prepared to update Operations of the status of the injured member of the service. NOTE: This notification is in addition to, and does not preclude the requirement for other notifications to Operations as indicated elsewhere in this procedure. 16. Prepare FIREARMS DISCHARGE/ASSAULT REPORT (PD424-151), if investigation reveals harassment, assault, reckless endangerment, or menacing against a school safety agent. a. Insert "School Safety Agent Involved" on top right side of form and forward as indicated. 17. Report details to desk officer. a. Indicate any negligence on the part of the school safety agent. 18. Prepare report on Typed Letterhead and forward to precinct commanding officer. a. Forward copy of report to the Commanding Officer, School Safety Division. DESK OFFICER 19. Make Command Log entry regarding results of investigation, and specify: a. Whether injury was sustained in the line of duty b. Any negligence on the part of the school safety agent. 20. Notify: a. Employment Section b. Operations Unit c. School Safety Division SCHOOL SAFETY BOROUGH MANAGER 21. Forward, to the Employment Section supervisor, Employee Benefits Unit: a. Two copies of report on Typed Letterhead b. Two copies of Employee's Notice of Injury c. WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT, if prepared. d. Two copies of the Employee's Option Form e. Two copies of the Commanding Officer's Report of Injury (Form E) f. Two copies of the Supervisor's Report of Injury. 22. Notify Employment Section when school safety agent returns to duty and every subsequent time that the agent reports sick and returns to duty as a result of injury. ADDITIONAL DATA Whenever a school safety agent, while performing official duties, claims an assault or is the subject of any other crime and the agent wishes to prefer charges, the precinct school safety sergeant concerned will determine if probable cause exists. Upon a determination that probable cause exists, the precinct school safety sergeant will direct the school safety agent to place the individual under arrest. If the agent (victim) is unable to effect the arrest (e.g., hospitalization, etc.), the school safety sergeant will direct another school safety agent to effect the arrest. The school safety agent (victim) will be the complainant in such cases. Under no circumstances shall a school safety agent who is not a peace officer be directed to affect an arrest. RELATED PROCEDURES Aided Cases - General (P.G. 216-01) [I.O. 7 s 13] Vehicle Collisions - General Procedure (P.G. 217-01) Civilian Employee - Injury (A.G.319-15) FORMS AND REPORTS WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065) COMPLAINT REPORT WORKSHEET (PD313-152a) AIDED REPORT WORKSHEET (PD304-152b) FIREARMS DISCHARGE/ASSAULT REPORT (PD424-151) Commanding Officer's Report of Injury (Form E) Employee Option Form (DP2002) Employee's Notice of Injury (Law Department Form WCD23) Supervisor's Report of Injury (Law Department Form WCD201) Police Accident Report (MV104AN) Typed Letterhead P.G. 212-98 Housing Bureau Closed Circuit Television Patrol Date Effective: 10-16-13 PURPOSE To establish a uniform system for effective video patrol and videotape archival to be utilized for the operation of closed circuit television (CCTV) systems located in public housing developments. DEFINITIONS CCTV INCIDENT - Any activity or occurrence, which is, or may be in a CCTV viewing area that requires response of police personnel or further investigation. INVASIVE VIDEO PATROL - The viewing of areas unable to be seen under normal circumstances by an officer in the field. PAN, TILT, AND ZOOM CONTROL (PTZ) - Three terms associated with CCTV cameras to indicate the horizontal (pan), vertical (tilt), and magnification (zoom) capabilities. VIPER - An acronym for CCTV monitoring stations: (Video-Interactive, Patrol, Enhanced, Response). PLAYBACK STATION - A (VCR) used to review recorded video. VIDEO PRINTER - A device used to provide still photographs of a video event. DIGITAL VIDEO RECORDER (DVR) - A device that accepts video signals from a video camera and records the image on a computer hard drive. DIGITAL RECORDING SYSTEM - A CCTV system that records images on the hard drive of a digital video recorder. ANALOG RECORDING SYSTEM - A CCTV system that records images on super VHS videotape. PROACTIVE VIDEO PATROL - The frequent use of both fixed and pan tilt-zoom cameras to actively monitor locations for crimes/violations in progress, potential criminal activity or quality of life conditions and any circumstance that may affect the safety and security of the community. POST-INCIDENT REVIEW - The use of recorded image to examine the circumstances of a VIPER incident. VIDEO PATROL OFFICER - Uniformed member of the service assigned to view monitors at a VIPER base. PROCEDURE When uniformed members of the service assigned to video patrol engage in CCTV monitoring functions, document the occurrence of a CCTV incident, or archive videotapes used in the CCTV monitoring process: VIDEO PATROL - DUTIES AND RESPONSIBILITIES VIDEO PATROL OFFICER 1. Monitor video screens to identify: a. Crimes/violations in progress b. Wanted/suspicious persons c. Conditions that affect the quality of life d. Individuals that require medical attention, and e. Any other incident requiring police response. 2. Monitor portable radio to determine whether a call for service affects a CCTV viewing area. 3. Do not view windows of private dwellings or the interior of private dwellings or any place where a civilian has a reasonable expectation of privacy. 4. Taking photographic images of citizens for non-police related reasons is strictly prohibited. 5. Acknowledge all camera and motion detector alarms and take appropriate action as necessary. 6. Contact command concerned by telephone for conditions not requiring immediate attention. 7. Utilize radio or "911" notifications for emergency conditions. 8. Be familiar with crime conditions and persons wanted for past crimes within area of responsibility. 9. Report suspected criminal activity as per P.G. 207-08, "Preliminary Investigation of Vice, Narcotics or Organized Crime-Related Complaints" and P.G. 212-12, "Citywide Intelligence Reporting System". NOTE: Record in the VIPER patrol log and on the CLOSED CIRCUIT TELEVISION INCIDENT REPORT (PD 313-1514) the Intelligence Bureau log number and the name of the Intelligence Bureau member notified. The CLOSED CIRCUIT TELEVISION INCIDENT REPORT is utilized to record any CCTV incident or equipment malfunction. 10. Conduct hourly DVR/VCR and camera status checks. 11. Ensure that the ambient temperature at the VIPER base rises no higher than 80 degrees Fahrenheit NOTE: If the VIPER base ambient temperature rises above 80 degrees Fahrenheit immediately notify the Technical Assistance Response Unit (TARU) CCTV. Prepare a CLOSED CIRCUIT TELEVISION INCIDENT REPORT to document the incident. 12. Maintain Video Patrol Log in a plain number 4, bound book. 13. Contact the precinct concerned on a daily basis during the first hour of tour when assigned to the 2nd platoon. a. Ensure all COMPLAINT REPORTS (PD313-152) affecting areas of surveillance are forwarded to the CCTV base. b. Document inquiry in the Video Patrol Log. 14. Utilize COMPLAINT REPORTS to conduct comprehensive post incident review of video incidents as necessary. 15. Monitor radio calls for service occurring within area of responsibility. 16. Change and maintain videotapes/compact discs as necessary. 17. Catalog and track all videotapes/CDs photos. 18. Record daily activity in ACTIVITY LOG (PD112-145). 19. Ensure the "real time" video recorder has a T-30 video tape installed and is properly functioning. 20. Conduct camera and DVR/VCR inspections each hour and make required entries in Video Patrol Log. 21. Enter number of properly functioning cameras and DVR/VCRs. 22. Indicate whether any equipment is deficient and notify the TARU CCTV Unit, 24 hours/7 days per week. a. Ensure CLOSED CIRCUIT TELEVISION INCIDENT REPORT is prepared when there is an equipment deficiency and then faxed to the TARU CCTV Unit and the Housing Bureau Wheel. 23. Permit only trained UMOS to utilize the CCTV equipment. 24. Utilize Pan Tilt Zoom (PTZ) cameras to conduct a minimum of two license plate inquiries per hour, at least sixteen per tour, on vehicles located in areas within the vicinity of the development. 25. Record result of license plate inquiries in the Finest Log. 26. Provide recorded video/photographic materials to arresting/investigative member of the service for official Department use only. a. Document each request on a CLOSED CIRCUIT TELEVISION VIDEO/PHOTO RECEIPT (PD313-170) and in the Video Patrol Log and Video Archival Log. b. Provide copy of VIDEO/PHOTO RECEIPT to receiving member. 27. Assist investigative units in presenting video/photographic material to crime victims and witnesses. 28. Sign Video Patrol Log at beginning and end of tour. 29. Do not release video material to anyone outside the Department. NOTE: The District Attorney's Office will have access to video for the purposes of criminal prosecution through the investigating/arresting officer. VIDEO PATROL SUPERVISOR 30. Prepare a CLOSED CIRCUIT TELEVISION INCIDENT REPORT in the event of a CCTV incident. NOTE: Visiting supervisors are required to sign the Video Patrol Log. 31. Ensure proper maintenance of the: a. Video Patrol Log b. FINEST Log c. Videotape/Compact Disc/Photo Archival Log. 32. Review the Video/Photo Archival Log to identify videotapes/photos not returned within 60-days. a. Contact command concerned via Typed Letterhead to request return of materials. 33. Ensure: a. At least one video patrol officer is assigned on post at all times to monitor the video equipment. NOTE: Two officers are to be assigned on post when available. b. That video patrol officers utilize PTZ cameras to conduct a minimum of two license plate inquiries per hour (at least 16 per tour) on vehicles located in areas within the vicinity of the development. c. Report suspected criminal activity as indicated in step 9 above. d. All intelligence referrals are recorded on the weekly VIPER Activity report and in the VIPER log. e. That all video/recording equipment is kept clean and serviceable. NOTE: No food or beverages will be consumed in the immediate vicinity of any CCTV equipment f. Videotapes are erased/destroyed in the presence of any supervisor seven days following the tapes final use. NOTE: Subdivision "f" only applies to analog CCTV systems. 34. Conduct random checks of videotapes recorded from PTZ cameras to ensure video patrol officers are actively monitoring all viewing areas. 35. Review at least one half-hour of recorded video from PTZ cameras each tour to ensure that cameras are being used in a non-invasive manner by video patrol officers. NOTE: Supervisory reviews of recorded video will be documented in the Video Patrol Log and will include the name(s) of the video patrol officer(s) who was/were monitoring the system for the portion of the tape that was reviewed. The camera number, date, and block of time will also be included. Each uniformed member assigned to monitor tapes will have his/her tapes reviewed at least once each week. Any violations discovered by a supervisor will be reported to the Chief of the Housing Bureau on Typed Letterhead. 36. Inspect CLOSED CIRCUIT TELEVISION INCIDENT REPORTS for completeness and accuracy. 37. Develop and maintain a: a. Liaison with the Patrol Service Area/Staten Island Housing Unit (PSA/SIHU) intelligence officer and crime analysis personnel. b. Crime information center within the VIPER base. NOTE: All crime information/photos gathered from the PSA/SIHU intelligence officer and other units will be displayed and updated to remain current. DOCUMENTING THE OCCURANCE OF A CCTV INCIDENT VIDEO PATROL OFFICER 38. Request the Communications Section, by radio, to assign an emergency incident to an available resource. a. The command concerned will be notified of non-emergency incidents. NOTE: Incidents, which are captured live by VIPER personnel, should also be taped "real time" on a thirty-minute videotape. 39. Enter the time of occurrence and tape counter number on the VCR in the Video Patrol Log. 40. Ensure that the incident was captured on tape. 41. Stop recording on the respective VCR and remove tape at the conclusion of the incident. 42. Insert a new properly labeled tape. 43. Notify the Housing Bureau Wheel of all significant CCTV incidents. 44. Prepare a CLOSED CIRCUIT TELEVISION INCIDENT REPORT. 45. Fax copy of REPORT to the: a. Office of the Chief of Housing Bureau, b. Housing Bureau Wheel, c. TARU-CCTV Team, and d. Overhead command. NOTE: CLOSED CIRCUIT TELEVISION INCIDENT REPORTS will be numbered beginning with the number one each calendar year. A record of these REPORTS will be maintained in a plain number 2 book utilizing the following captions: INCIDENT REPORT # DATE TIME LOCATION DESCRIPTION OF OCCURRENCE 46. Notify the precinct detective squad of any incident requiring further investigation and make appropriate entry in the Video Patrol Log. NOTE: Tapes containing acts that constitute a crime will be invoiced by the arresting or investigating officer/detective. 47. Make an additional copy of the tape containing the incident labeled "DO NOT ERASE" and store in archives. a. Archive for 180 days and then destroy. 48. Release an original videotape/photo to an arresting/investigative member of the service only after member: a. Prepares a CCTV VIDEO/PHOTO RECEIPT including an invoice number. NOTE: Intentional obstruction of a viewing area and/or vandalism to a camera is to be considered a CCTV incident VIDEO PATROL SUPERVISOR 49. Evaluate requests for videotapes and photographs and provide to requesting member, if deemed appropriate. 50. Make proper notifications if the incident is of an unusual nature. 51. Ensure that video patrol officers properly document CCTV Incidents. VIDEOTAPE ARCHIVAL VIDEO PATROL OFFICER 52. Inspect all equipment for proper operation daily at 2350 hours prior to changing videotapes. 53. Depress "Stop" on all VCRs at 0001 hours beginning with VCR #1. 54. Remove tape from machine immediately and place in seven-day storage. a. Insert immediately new properly labeled tape into the machine and promptly resume recording. 55. Repeat procedure until tapes in all VCRs have been changed. 56. Make entry in the Video Patrol Log as follows: "Police Officer ___________ Tax # ___________ changed the tapes for (day of week & date) in VCRs 1 to (total # of VCRs). Police Officer ___________ inspected all equipment and found it to be operational at this time." VIDEO PATROL SUPERVISOR 57. Maintain videotape library and conduct random daily inspection to ensure the integrity of the videotape files. 58. Ensure that videotapes utilized for the complete cycle of seven twenty-four hour periods are erased and destroyed seven days after the last taping. DUTIES OF NON-VIPER PERSONNEL PSA/SIHU DESK OFFICER 59. Utilize monitor located at desk to conduct roll call at the start of each tour and to ensure: a. The safety of VIPER personnel - (Check the monitor frequently!) b. VIPER base is properly staffed. c. VIPER personnel are actively viewing their assigned monitors. PSA/SIHU CRIME ANALYSIS PERSONNEL 60. Check that all VIPER personnel have received area maps indicating where the most current narcotic and gun arrests have been made within their appropriate housing area. a. List all identifiable crime patterns or trends along with relevant data on the bottom of the map. b. Distribute maps to all VIPER personnel no later than 1200 hours on Tuesday of each week. 61. Generate a specific "Tip Sheet" for Housing developments equipped with CCTV and contiguous areas. NOTE: "Tip Sheets" will include crime patterns, locations, descriptions/photos of suspects, and any other information that will aid VIPER personnel in fighting crime and gathering intelligence. PSA/SIHU CRIME INTELLIGENCE OFFICER 62. Establish a liaison with VIPER supervisors to ensure relevant crime information is exchanged in an expeditious and accurate manner. ADDITIONAL DATA THE VIDEO PATROL LOG The Video Patrol Log will contain two columns and will be utilized for making required entries. The first column will record the time of the entry. The second column will briefly describe the incident, as appropriate, and be used to record final dispositions, notifications and invoice numbers. A double line will be drawn across the page under the last entry for the twenty-four hour period ending at 2400 hours. Before the first entry is made for the next day, the day and date will be entered and underlined. Entries will be made as follows: a. Equipment inspections - hourly camera and VCR inspections b. Hourly inspection of temperature within the VIPER base. c. An entry must be made at the start of each tour indicating the total inventory of non-archived tape and compact discs present. For example, "PO Smith reports there are 300 T-120 tapes and 25 T-30 tapes present at this time." d. Detailed account of CCTV incidents to include rank, name, and shield number of video patrol officer on post; date, time and exact location of incident; type of incident; action taken; unit responding and/or 911 operator notified; preparation of CLOSED CIRCUIT TELEVISION INCIDENT REPORT e. Notifications f. Uniformed members reporting on and off duty g. Uniformed members present on post h. Uniformed members leaving post for any reason immediately followed by entry of relieving officer i. Equipment problems/malfunctions j. Requests for review of videotapes by other units k. Requests for permanent or temporary removal of videotapes/photos for review or invoicing l. Visits by authorized personnel m. For analog systems, record daily videotape changes at the beginning of the first platoon. Entry should include the time required to perform the changing of tapes and to inspect the VCRs to ensure their proper operation. THE VIDEOTAPE/COMPACT DISC/PHOTO ARCHIVAL LOG Label the cover of a separate plain #4, bound book with the appropriate VIPER base number and the name of the housing development. Headings across the top of two consecutive pages will read as follows: LEFT PAGE HEADINGS: TAPE/CD/RECEIPT # DATE #1 DATE #2 DATE #3 RIGHT PAGE HEADINGS: DATE #5 DATE #6 DATE #7 DATE REMOVED DATE RETURNED REMARKS HEADING EXPLANATIONS: DATE #4 Tape/CD/Receipt # - Tapes/CDs are numbered with the year as a prefix, then sequentially beginning with the number one. This number is also utilized on the VIDEO/PHOTO RECEIPT as a means of identification and tracking. Date #1 through Date #7 (seven individual columns) - Each date column will reflect the date the tape/CD was used. Date Removed - Indicates date that tape/CD was removed for erasure/destruction or arrest/ investigation or other police purpose. Date Returned - Indicates date that tape/CD is brought back to the CCTV monitoring base. Remarks - Denotes temporary and/or permanent removal of tape from the CCTV monitoring base. Include name of member removing video/videotape, tax registry number, command, command's telephone number, and reason for removal, e.g., arrest/investigative/training. A CCTV VIDEO/PHOTO RECEIPT must be prepared for any released video/videotape. Multiple tapes may be requested; however each is to receive its own tape number and RECEIPT. REQUESTS FOR RECORDED VIDEO/PHOTOGRAPHIC MATERIALS Requests for recorded video/photographic materials made by other than the arresting/investigative member must be accompanied by a Typed Letterhead, directed to "CCTV Supervisor Concerned," indicating name of requesting member, tax number, command, command's telephone number, and official reason for request. The request must be evaluated by the supervisor concerned. If the request is granted a CCTV VIDEO/PHOTO RECEIPT will be prepared and a copy given to the requesting member. In addition, appropriate entries shall be made in the Video Patrol Log and Video/Photo Archival Log, as required. Each photograph must be numbered with the current year, then sequentially, beginning with the number "1". All identification numbers will be prefixed with the letter "P," e.g. P-99-01. Document the release of photographs in the rear of the Video/Photo Archival Log, including the photograph identification number, name of requesting member, command and command's telephone number. The photograph identification number will be utilized as the CCTV VIDEO/PHOTO RECEIPT number. Multiple photographs may be requested; however each is to receive its own photograph identification number and CCTV VIDEO/PHOTO RECEIPT. CCTV TROUBLESHOOTING In the event that viewing is blocked or significantly obstructed on any CCTV monitor due to vandalism, technical difficulty and/or accidental damage, or video recording ceases on any recorder or an error message appears on video equipment, it is imperative that the condition be corrected expeditiously. Therefore, if these conditions occur it is the responsibility of the VIPER Unit to make an immediate notification to the Commanding Officer - Technical Assistance Response Unit - CCTV Team. Under NO circumstances will any member of the service not assigned to the Technical Assistance Response Unit conduct any repairs on CCTV equipment. To ensure a high quality recorded video image, videocassette recorder heads must be cleaned by VIPER Unit personnel weekly during the second platoon each Sunday. Appropriate entries shall be made in the Video Patrol Log. "HANDSCHU" GUIDELINES Members of the service are reminded about First Amendment political activity and the "Handschu" consent decree (see P.G. 212-71, Guidelines for the Use of Video/Photographic Equipment By Operational Personnel at Demonstrations). The intent of the "Handschu" decree, among other things, is to limit unnecessary investigation and maintenance of records relating to lawful political activity. If a spontaneous or scheduled political demonstration takes place on Housing Authority property, the CCTV cameras need not be turned off. Department videotape cameras can remain operational provided that cameras operating do not focus on the activity of the demonstrators unless it is believed that a crime is being committed. RELATED PROCEDURES Preliminary Investigation of Vice, Narcotics or Organized Crime-Related Complaints (P.G. 207-08) Citywide Intelligence Reporting System (P.G. 212-12) Guidelines for the Use of Video/ Photographic Equipment by Operational Personnel at Demonstrations (P.G. 212-71) FORMS AND REPORTS CLOSED CIRCUIT TELEVISION INCIDENT REPORT (PD 313-1514) COMPLAINT REPORTS (PD313-152) ACTIVITY LOG (PD112-145) CLOSED CIRCUIT TELEVISION VIDEO/PHOTO RECEIPT (PD313-170) Typed Letterhead P.G. 212-99 Amber Alert System Date Effective: 08/01/13 PURPOSE To provide rapid and widespread dissemination of information in the event of child abduction with special circumstances, the Amber Alert program has been adopted. DEFINITION AMBER ALERT SYSTEM: Amber Alert is a statewide response program targeting the abduction of children during which life-threatening circumstances are suspected. An Amber Alert may be activated whether the child was abducted by vehicle, on foot, or by any other means. The protocol for determining whether a case qualifies for an Amber Alert is as follows: a. The child must be 17 years old or younger, AND, b. Police must believe that the child is in imminent danger of serious bodily harm or death, either at the hands of another or due to proven mental or physical disability. PROCEDURE When responding to a report of a missing child and information received indicates that the case may qualify for an Amber Alert: UNIFORMED MEMBERS OF THE SERVICE 1. Comply with appropriate missing persons procedures. 2. Request the response of the Patrol Supervisor. 3. Notify Desk Officer and request response of Precinct Detective Squad supervisor. NOTE: Patrol supervisor will implement Missing Person/Special Category procedure and/or Mobilization as necessary, depending on the details of the situation. DESK OFFICER 4. Request Precinct Detective Squad supervisor to respond to the scene of the abduction. PRECINCT DETECTIVE SQUAD INVESTIGATOR/SUPERVISOR 5. Conduct a preliminary investigation and ascertain if abduction may fit criteria for activation of Amber Alert system. a. Notify Detective Bureau Duty Captain, if abduction meets criteria for the activation of an Amber Alert. b. Request that Detective Bureau Duty Captain respond to the scene. NOTE: Only a Captain or above from the Detective Bureau may request activation of the Amber Alert System through the New York State Police Communications Section. DETECTIVE BUREAU, DUTY CAPTAIN 6. Notify New York State Police of a possible Amber Alert through the New York State Police Communications Section at (518) 457-6811. 7. Notify Operations Unit of details. If it is believed that the abductor and missing child may be traveling via public transportation, request Operations personnel to notify the Transit Bureau Wheel at (718) 243-8906. a. Notify NYPD Communications Section at (718)254-1669/1440 and have description of abducted child disseminated over each Department radio division. b. Have Communications Section personnel read the following message over each Department radio division if a vehicle is involved in the abduction: "The following vehicle is wanted in connection with a New York State Amber Alert (Provide license plate number and description of vehicle). Personnel assigned to Department vehicles equipped with the License Plate Reader System are instructed to manually enter this plate number in order to expedite the search for this vehicle." (Repeat license plate number and description of vehicle). 8. Notify Major Case Squad. 9. Direct that precinct detective squad member: a. Notify Missing Persons NCIC Unit and request that a NCIC File 6 be completed and transmitted. b. Notify Inter-City Correspondence Unit to generate a NYSPIN File 11A (Abduction Message) to ensure that other law enforcement agencies are aware of the abduction and related details. (1) Fax completed Amber Alert Submission form to (646) 610-5849 along with a cover sheet including the notifying member's rank, name, tax #, command and callback number. c. Prepare and immediately fax the following form to the New York State Police (518) 457-3207: (1) Amber Alert Submission Form d. Conduct follow-up phone call to New York State Police at (518) 457-6811 to confirm receipt of fax. ADDITIONAL DATA When sending photographs via E-Mail to the New York State Police, attach only ONE photograph to each E-Mail. Each additional photograph should be sent in a separate E-Mail. The Amber Alert Submission Form should also be faxed to the Traffic Management Center at (718) 706-1606, IF a vehicle description and a plate number are available. Once confirmation of activation is received from New York State Police Communications Section, the Traffic Management Center will initiate the use of Variable Message Signs throughout the metropolitan area. In the event that the child is recovered or the case is determined to no longer qualify (i.e., false report, determined to be a custodial situation), immediately notify the New York State Police in writing (by fax) so that a cancellation may be broadcast. Cancellations will be broadcast only if requested within eight hours of the original activation request. They will be brief and will not include any information about the status of the child or the case. Cancellations required after the eight hour period can be accomplished via normal media notification through the Deputy Commissioner, Public Information. The Detective Bureau Duty Captain will ensure that Amber Alerts are cancelled in the proper manner. When investigation assistance is requested by another agency concerning an Amber Alert, the requesting agency will be directed to contact the Detective Bureau, Major Case Squad at (646) 610-6910, or if unavailable, the Detective Bureau Wheel at (646) 610-5430. All requests for broadcast of an Amber Alert will be referred to the New York State Police Communications Section at (518) 457-6811. While most runaway and abductions by non-custodial parents do not qualify, individual consideration may be given, depending on case circumstances. Activation should be requested within the shortest period of time possible following an abduction, but not before a preliminary investigation has been conducted. In most instances activation will not be practical if an extended period of time has passed since the disappearance. Inter-agency cooperation and assistance will greatly enhance the effectiveness of this tool. The office of the Deputy Commissioner, Public Information (D.C.P.I. [646] 610-6700) is available on a 24 hour x 7-day basis concerning cases NOT ELIGIBLE for Amber Alerts or as needed by members of the service. D.C.P.I. has the ability to simultaneously notify a variety of local and national media outlets in cases where the immediate assistance of or notification to the public is deemed necessary. RELATED PROCEDURES Missing Persons (P.G. 207-23) Apprehension Plan (P.G. 213-12) FORMS AND REPORTS Amber Alert Submission Form (NYS) P.G. 212-100 Auxiliary Police Supervision And Deployment Of Personnel Date Effective: 08/01/13 PURPOSE To ensure proper supervision and deployment of auxiliary police personnel on patrol. DEFINITIONS COMMAND AUXILIARY POLICE COORDINATOR - uniformed member of the service assigned to oversee the Auxiliary Police Program within a precinct, police service area, transit district, harbor or highway unit. AUXILIARY POLICE SUPERVISOR - a member of the Auxiliary Police Program in the rank of sergeant or above. PROCEDURE When deploying auxiliary police personnel assigned to a precinct, police service area, transit district, harbor or highway unit: COMMAND AUXILIARY POLICE COORDINATOR/ AUXILIARY POLICE SUPERVISOR 1. Assemble auxiliary police officers for roll call, when practical. 2. Conduct roll call as per P.G. 212-01, "Roll Call Formations." 3. Inspect the platoon. a. Allow members assigned to patrol duty to reasonably demonstrate that a protective vest is being worn b. List members deficient in uniform, equipment or personal appearance c. Reprimand and instruct deficient members privately d. Follow up to determine if corrections have been made and take disciplinary action if necessary. NOTE: Upon notification that a protective vest inspection will be conducted by the command auxiliary police coordinator/auxiliary police supervisor, it is incumbent on the member concerned to take appropriate actions to demonstrate that a protective vest is being worn. Such actions may include, but are not limited to: a. Raising, removing, unbuttoning top garment so as to expose the protective vest, to visual inspection, OR b. Patting on the front and rear of the protective vest so as to produce a sound, OR c. Any other manner which will indicate to the command auxiliary coordinator/auxiliary supervisor that the protective vest is being worn. Auxiliary members are reminded that only authorized/approved protective vests will be worn. 4. Ensure that auxiliary police officers who are under eighteen years of age are not assigned to patrol duties or undercover "Quality of Life" operations. 5. Ensure that members who are seventeen years of age are only assigned to administrative functions within the command. COMMANDING OFFICER / EXECUTIVE OFFICER / SPECIAL OPERATIONS LIEUTENANT 6. Attend auxiliary roll call periodically and provide instructions. 7. Inform members of any patterns or trends within the command. COMMAND AUXILIARY POLICE COORDINATOR/ AUXILIARY POLICE SUPERVISOR 8. Deliver original copy of Auxiliary Roll Call (Form APS # 10) listing personnel assignments to the command desk officer. 9. Monitor the command radio when auxiliary members are assigned to patrol. 10. Visit auxiliary officers assigned to foot and radio motor patrol frequently and at irregular intervals during tour and indicate visit by signing MEMORANDUM PAD (PD112-141) of each member. 11. Maintain ACTIVITY LOG (PD112-145) or MEMORANDUM PAD, if appropriate, and make entries listing times, names and assignments of auxiliary officers visited. DESK OFFICER 12. Ensure a copy of Auxiliary Roll Call is given to the command platoon commander and/or command patrol supervisor. 13. Attach original copy of Auxiliary Roll Call to the desk copy of the command roll call. NOTE: If auxiliary police officers are present to perform a scheduled tour and the command auxiliary police coordinator or an auxiliary police supervisor is unavailable, auxiliary police officers will be assigned by the command desk officer to auxiliary related duties within the command facility. Under no circumstances will auxiliary police officers be assigned to perform patrol duties when the command auxiliary police coordinator or an auxiliary police supervisor is not present. SPECIAL OPERATIONS LIEUTENANT/ PLATOON COMMANDER 14. Designate a sergeant, other than the patrol supervisor, to oversee auxiliary police personnel when performing duties within the command facility. DESIGNATED SERGEANT 15. Supervise auxiliary police personnel assigned to perform duty within the command facility. DESK OFFICER/ PATROL SUPERVISOR 16. During command roll call, inform uniformed members of the service of auxiliary assignments and locations. PLATOON COMMANDER 17. Be aware of all auxiliary police personnel performing duty on assigned tour. UNIFORMED MEMBER OF THE SERVICE 18. Be cognizant of auxiliary police personnel on patrol within assigned sector or foot post. SPECIAL OPERATIONS LIEUTENANT 19. Confer with command auxiliary police coordinator regarding any issues related to auxiliary police duties and responsibilities. ADDITIONAL DATA The Harbor Unit operations supervisor will oversee auxiliary launch deployment in the absence of the command auxiliary police coordinator or auxiliary police supervisor. Auxiliary police assignments shall be determined in advance by the special operations lieutenant in consultation with the commanding officer/executive officer. Priority patrol posts, command facility assignments and other information that maximizes safety and/or increases the efficiency of the Auxiliary Police Program will be kept at the command desk. The command auxiliary police coordinator and ranking auxiliary officers will maintain a copy of this information in the unit's office and in the Command Auxiliary Reference Library. Commanding officers will ensure that the command auxiliary police coordinator performs tours that coincide with the tours of auxiliary police personnel, when possible. The special operations lieutenant and command auxiliary police coordinator shall confer with the command training sergeant to obtain training material relevant to auxiliary police duties. RELATED PROCEDURES Roll Call Formations (P.G. 212-01) Command Auxiliary Police Coordinator (P.G. 202-34) Selection and Utilization of Auxiliary Police Officer Volunteers As Undercovers for "Quality of Life" Enforcement (P.G. 214-05) Line of Duty Injury or Death - Auxiliary Police Officer (P.G. 216-13) FORMS AND REPORTS ACTIVITY LOG (PD112-145) MEMORANDUM PAD (PD112-141) Auxiliary Roll Call (Form APS # 10) P.G. 212-101 Processing Unknown Substances Suspected Of Being Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Materials Evidence Date Effective: 10-16-13 DEFINITIONS CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR (CBRN) / HAZARDOUS MATERIAL Incidents - Intelligence derived from numerous reliable sources indicates that terrorist groups have been trained and directed to: - Construct improvised weapons from toxic industrial chemicals, radioactive materials commonly found in scientific equipment, illegally obtained pathogenic microorganisms, homemade biological toxins and many other types of common hazardous materials; and, - Obtain employment driving tanker trucks carrying hazardous materials and use the trucks and their contents as weapons; and, - Engage in acts of sabotage involving hazardous material manufacturing and storage sites. Consequently, any incident involving an unknown substance suspected of being a (i) biological weapon agent or hazardous biological organism/toxin; or, (ii) military chemical agent or toxic industrial chemical; or, (iii) radiological/nuclear material must be considered a criminal/terrorism incident (even if it appears that the incident may be the result of an accident), an investigation must be conducted, the unknown substance must be assessed in order to identify its hazardous properties and the unknown substance and related property must be evaluated/processed as evidence. A failure to initially treat these types of incidents as terrorism/criminal could delay or prevent the apprehension of the perpetrator(s) and impede or prevent the disruption of one or more subsequent catastrophic attacks. CITYWIDE INCIDENT MANAGEMENT SYSTEMS (CIMS) - The Mayor's Citywide Incident Management System (CIMS) states that the "NYPD will be the Primary Agency at all CBRN/Haz-Mat incidents, with the responsibility for overall site management, assessment and investigations (crime-scene/terrorism)." PRIMARY AGENCY - The Agency authorized by Mayoral Directive to have overall responsibility of an incident. The Primary Agency will coordinate with Support Agencies to mitigate the incident. INNER PERIMETER - Area surrounding all of the locations that may have been contaminated by the unknown substances suspected of being a Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Material. Absent emergency circumstances, only authorized and necessary personnel who are properly trained and wearing the appropriate type of Personal Protective Equipment (PPE) will be allowed to enter the Inner Perimeter. The establishment of an appropriately sized Inner Perimeter is a component of the NYPD responsibility for providing "overall site management." CRIME SCENE - Area surrounding all of the locations that may contain physical evidence that may have forensic, investigative, demonstrative, etc, value. The size of the Crime Scene will depend upon the circumstances of the incident. Initially the size of the Crime Scene should be large and as time progresses and additional facts are discovered, it may be reduced in size. Initially, the size of the Crime Scene should be no smaller than the size of the Inner Perimeter. In order to minimize or avoid the alteration, loss, contamination, degradation, destruction, etc., of physical evidence, civilians and city, state, federal agency personnel who are unauthorized or unnecessary, including unnecessary NYPD personnel, will not be allowed access within the Crime Scene. The establishment of an appropriately sized Crime Scene is a component of the NYPD responsibility for providing "overall site management." OUTER PERIMETER - Area sufficiently removed from the inner perimeter or the crime scene if larger, so as to ensure that only authorized and necessary personnel are allowed access and that they enter in a controlled and coordinated manner. Civilians and city/state/federal agency personnel who are unauthorized or unnecessary, including unnecessary NYPD personnel, will not be allowed access within the Outer Perimeter. The Outer Perimeter is established so as to ensure that when necessary: (i) a sufficient level of force protection is provided; (ii) individuals may be safely and expeditiously evacuated; (iii) expeditious access/egress routes are provided for the authorized and necessary responding emergency vehicles; (iv) pedestrian, vehicular and mass transit traffic is appropriately controlled; (v) witness and investigative evidence are expeditiously identified and secured/safeguarded; (vi) crowds are properly managed; and, (vii) the affected area, buildings, property, etc, are appropriately secured. The establishment of an appropriately sized Outer Perimeter is a component of the NYPD responsibility for providing "overall site management." NYPD EMERGENCY SERVICE UNIT - The Emergency Service Unit will be the lead unit in the NYPD with respect to assessing an unknown substance suspected of being a CBRN/Hazardous Material and will be assisted at the incident site by the NYC Department of Environmental Protection. NYC FIRE DEPARTMENT - The Mayor's City Wide Incident Management System states that the core competencies of the NYC Fire Department include fire suppression; patient care and transport; search and rescue; and, CBRN/Hazardous Material life safety and mass decontamination. The Mayor's City Wide Incident Management System also states that at a CBRN/Haz-Mat incident the NYC Fire Department, "will be responsible for life safety operations and mass decontamination." NYC DEPARTMENT OF ENVIRONMENT PROTECTION - Personnel are engineers/scientists who are experts regarding military chemical agents, toxic industrial chemicals, and other types of chemical compounds. Personnel are also highly trained and experienced CBRN/Hazardous Materials first responders who utilize scientific instruments and laboratory techniques in the field to identify the chemical composition of unknown substances; and, they are supported by a New York State accredited Hazardous Materials laboratory. Personnel also perform air, water and soil sampling / analysis; conduct air plume dispersion modeling; identify/monitor contamination zones; determine the appropriate mitigation, containment, collection, disposal, decontamination, remediation, etc, plans, procedures and methods; and perform or direct the appropriate governmental and/or private assets to perform all or part of the required mitigation, containment, collection, disposal, decontamination, remediation actions. NYC DEPARTMENT OF HEALTH AND MENTAL HYGIENE - Personnel are medical doctors, scientists, health care providers and public health professionals who are experts regarding biological weapon agents and hazardous biological organisms/toxins, communicable diseases, epidemiology, radioactive materials/contamination, laboratory sciences, environmental science/engineering, poisons, contaminated food/water, veterinary/pest control, decontamination plans/methods, and other public health related subjects. Personnel are supported by a nationally accredited "Bio-Threat Response" Public Health laboratory whose function is to determine whether an unknown substance is a biological weapon or hazardous biological organism/toxin. Personnel will provide assistance and/or respond to an incident scene when specifically requested or when a particular pre-designated circumstances exists. PROCEDURE Upon discovering or being called to the scene of an incident involving an unknown substance suspected of being a Chemical, Biological, Radiological, Nuclear (CBRN) / Hazardous Material other than an explosive substance or a conventional, radiological or nuclear explosive device: UNIFORMED MEMBER OF THE SERVICE 1. Interview complainant(s) and other involved persons, conduct preliminary investigation, evaluate the totality of the circumstances and utilize common sense standards to determine if the nature of the unknown substance can be readily identified as non-hazardous, e.g., packing materials cleaning/detergent products, pesticides, insecticides, insulation materials, garden products, dried food products, controlled substances, pet care items, sweeteners, pharmaceuticals, cooking/baking products, candy, tea/coffee, hygiene/grooming, stuffing/filler items, etc. a. Many jobs may be properly classified as unfounded or unnecessary based upon an evaluation of the totality of the circumstances and the application of common sense standards to the facts discovered during the preliminary investigation. NOTE: if a member of the service suspects that an explosive substance or any type of conventional, radiological or nuclear explosive device may be present, follow P.G. 212-40, "Bomb Threats/Unattended Articles - Suspected/Reported Explosive Devices and Post Explosion Bomb Scenes." 2. Confer with the patrol supervisor regarding the nature of the unknown substance. a. Comply with the directions provided. NOTE: Communications Division will automatically dispatch the patrol supervisor to the scene of an incident involving an unknown substance of being a CBRN/Hazardous Material. The Mayor's City Wide Incident Management Systems (CIMS) states that the NYPD will be the "Primary Agency" at all CBRN/Haz-Mat incidents, with the responsibility for overall site management, assessment and investigations (crime-scene/terrorism). Furthermore, ALL incidents that involve an unknown substance suspected of being a CBRN/Hazardous Material must be considered a criminal/terrorism incident (even if it appears that the incident may be the result of an accident), an investigation must be conducted, the unknown substance must be assessed in order to identify its hazardous properties and the unknown substance and related property must be evaluated/processed as evidence. Therefore, the patrol supervisor or highest-ranking uniformed member of the Patrol Services Bureau at the scene will be the NYPD Incident Commander, who will be responsible for ensuring overall site management and will take appropriate action to ensure that only authorized and necessary personnel are allowed access within the Outer Perimeter in a controlled and coordinated manner. The life and safety of all involved persons and the public is of paramount concern. The CIMS states that, "life safety operations are the highest priority Incident Objectives and will be initiated by the first responding resources capable of performing rescue." Therefore, when necessary, all appropriate agencies will be notified, resources requested, and access of all required personnel to the incident scene will be permitted in order to ensure that the life and safety of all involved persons are protected. In the event that there is an ongoing uncontrolled release/leak or a functioning device is actively "disseminating" an unknown substance, the first appropriately trained and equipped personnel will be allowed access to the incident/crime scene to stop/control the release/leak or deactivate the dissemination device. Absent extraordinary circumstances, an envelope or parcel containing an unknown substance is NOT considered an uncontrolled release/leak or a functioning/active "disseminating" device. If a member of the service suspects that the dissemination device may be "booby trapped" and/or may be some type of explosive device and/or may contain an explosive substance, follow P.G. 212-40, "Bomb Threats/Unattended Articles Suspected/Reported Explosive Devices and Post Explosion Bomb Scenes." 3. If the nature of the unknown substance cannot be determined: a. Notify the Communications Division dispatcher and request the response of the Emergency Service Unit. b. Notify Operations Division and request the response of the NYC Department of Environmental Protection, Hazardous Materials Response Unit (DEP/HMRU). c. Notify Operations Division and request the response of the NYC Fire Department (FDNY) if needed for life safety operations and/or mass decontamination. If FDNY is requested or is responding or is present, request the immediate response of the Duty Captain. d. Evacuate individuals an appropriate distance from the unknown substance and contaminated areas. e. Identify and isolate individuals apparently suffering ill effects from the unknown substance and immediately request Communications Division dispatcher to send medical assistance. f. Identify and isolate individuals who have been exposed to the unknown substance. g. Identify and isolate individuals who may require decontamination. h. Establish an appropriately sized Inner Perimeter and take appropriate measures to isolate, contain and safeguard the unknown substance so as to prevent any further dispersal/dissemination and to prevent contamination of additional persons and/or the surrounding areas. i. Establish an appropriately sized Crime Scene. j. Establish an appropriately sized Outer Perimeter. NOTE: Attempt to limit movement and other activity within potentially contaminated areas so as to minimize the possibility of any further dispersal/dissemination of the unknown substance and/or any contamination of additional persons and/or the surrounding areas. OPERATIONS DIVISON SUPERVISOR 4. Notify the following agencies immediately regarding details of the incident if it is determined that the suspicious substance represents a credible threat regardless of whether the actual response of the individual agency is required at the scene: a. New York City Office of Emergency Management b. New York City Fire Department c. New York City Department of Health and Mental Hygiene d. New York City Department of Environmental Protection e. FBI/NYPD Joint Terrorist Task Force. PATROL SUPERVISOR 5. Respond and review the actions of the assigned members of service and ensure that all required notifications have been made. a. Confer with Operations Division supervisor and ensure that DEP/HMRU has been notified and is responding to the incident scene. 6. If necessary, ensure that life safety operations are initiated by the first responding resources capable of performing rescue. 7. If necessary, ensure that any individuals requiring medical attention are promptly examined/treated by responding medical personnel, and if appropriate, are expeditiously removed from the incident scene. NOTE: Request sufficient personnel to secure the scene. Designate the mobilization point and route to be followed. 8. Notify the Intelligence Bureau, Criminal Intelligence Section and confer with the supervisor. a. Intelligence Bureau, Criminal Intelligence Section will immediately notify the FBI/NYPD Joint Terrorism Task Force Call Center. 9. Ensure that an appropriately sized Inner Perimeter has been established; only authorized/necessary personnel who are properly trained and wearing the appropriate type of Personal Protective Equipment (PPE) are allowed access thereto; and, the unknown substance has been adequately isolated, contained and safeguarded. 10. Ensure that an appropriately sized Crime Scene has been established and access thereto is strictly controlled in order to prevent the entry of unnecessary or unauthorized persons. a. If necessary, expand the original Crime Scene. Initially the size of the Crime Scene should be no smaller than the size of the Inner Perimeter. b. Absent extraordinary circumstances and/or circumstances involving the life or safety of involved persons or the public, only Emergency Service Unit personnel, DEP/HMRU personnel, Department of Health and Mental Hygiene (DOHMH) personnel and those appropriately trained and equipped law enforcement personnel who are involved in the investigation of the incident and have an absolute need to enter will be allowed access within the Crime Scene. Civilians and city, state, federal agency personnel who are unauthorized or unnecessary, including unnecessary NYPD personnel, will not be allowed access within the Crime Scene. c. Maintain a record identifying the rank/title, name, command/agency, etc, of all personnel entering the Crime Scene. d. If the circumstances dictate that the Crime Scene must be processed by forensic specialists, request response of the Crime Scene Unit. e. Do not release control of the Crime Scene without proper authorization. 11. Ensure that an appropriately sized Outer Perimeter has been established; only authorized and necessary personnel are allowed access within the Outer Perimeter; and, they enter within the Outer Perimeter in a controlled and coordinated manner. Civilians and city, state, federal agency personnel who are unauthorized or unnecessary, including unnecessary NYPD personnel, will not be allowed access within the Outer Perimeter. 12. Notify the desk officer, precinct of occurrence. 13. If necessary, request response of the Duty Captain. a. The Duty Captain must immediately respond if (i) there are or problems involving responding city/state/federal agencies or organizations; or, (ii) FDNY has been requested for life safety and/or mass decontamination; or, (iii) FDNY is responding to or incident scene. any questions private operations present at the 14. Notify the Precinct Detective Squad. a. Request Detective Squad to respond if (i) an immediate investigation should be conducted; or, (ii) needed to assist in the identification of the unknown substance, i.e., identify and interview the individual or company that sent, delivered, abandoned, etc, the unknown substance. EMERGENCY SERVICE UNIT PERSONNEL 15. Respond to the scene and comply with all applicable Emergency Service Unit (ESU) procedures regarding: a. Assessment of the incident scene, environment, atmosphere, etc, for chemical, radiological, explosive/flammable, and other applicable hazards. b. Documentation, sampling, marking, collection, packaging, sealing, etc, of unknown substances and related items/evidence. c. Decontamination of persons, objects and areas. d. Packing, sealing and disposal of contaminated non-evidence waste items, e.g., personal protective equipment (PPE), items used for decontamination. e. Collaboration and conferral with DEP/HMRU personnel, and when applicable, personnel from DOHMH, FDNY, other city, state, federal agencies and private organizations. DEP / HMRU PERSONNEL 16. Analyze the unknown substance for hazards and explosive properties. 17. Identify the chemical compound(s) and hazardous materials that are present in the unknown substance. 18. When necessary and after conferral with ESU mark, collect, package, seal, establish a chain samples of the unknown substance and/or related Hazardous Materials Laboratory for examination, disposal, and/or other appropriate action. personnel, document, sample, of custody for and transport evidence/items to the DEP analysis, safeguarding, 19. When necessary and after conferral with ESU personnel, based upon the circumstances of the incident: a. Perform air, water and/or soil sampling and analysis. b. Conduct air plume dispersion modeling. c. Identify and monitor contamination zones. d. Determine the appropriate mitigation, containment, collection, disposal, decontamination, remediation, etc, plans, procedures and methods. e. Perform or direct the appropriate governmental and/or private assets to perform all or part of the required mitigation, containment, collection, disposal, decontamination, remediation actions. 20. Confer with ESU personnel and advise regarding analytical results, technical determinations and any other relevant findings and recommendations. EMERGENCY SERVICE UNIT PERSONNEL 21. Notify Intelligence Bureau, Criminal Intelligence Section supervisor if: a. Radioactive material/contamination may be present and the assistance and/or response of personnel assigned to the DOHMH Office of Radiological Health is required. b. Based upon the circumstances of the incident, the assistance and/or response of appropriate DOHMH personnel may be required. c. DOHMH personnel must be notified and requested to provide assistance and/or respond in the following situations: (i) there is a credible threat of the presence of a biological weapon agent or hazardous biological organism/toxin; or, (ii) a civilian(s) is transported to a hospital(s); or, (iii) there is contamination or decontamination of civilians; or, (iv) any involved individual states that he is ill and believes that the unknown substance may be the cause of the illness; or, (v) there is a public health related question/problem involving the extent of the contamination and/or the appropriate decontamination plans, procedures, methods, etc, to be used with respect to any persons, objects, rooms, buildings, areas, etc; or, (vi) there is any public health related question/problem regarding the safeguarding, evacuation, closing/sealing, entering/reentering habitation, etc, of the room, building, location, area, etc, in question; or, (vii) any involved individual has a public health related question/problem that requires the expertise of DOHMH personnel to resolve; or, (viii) the nature of the complainant, location or facts surrounding the incident creates extenuating circumstances. d. Technical or scientific assistance/response is required from any federal, state, city agency or private organization. e. Immediate response of investigators assigned to the Intelligence Bureau and/or the FBI/NYPD Joint Terrorism Task Force is required. NOTE: The Intelligence Bureau, Criminal Intelligence Section supervisor will immediately notify the Operations Division regarding any additional assistance that has been requested by the Emergency Service Unit personnel and will immediately inform the Operations Division personnel of any additional facts and circumstances as well as any issues or problems related to the incident. 22. Determine whether samples of the unknown substance and/or the related evidence/items should be collected and subsequently delivered to the NYC Department of Health and Mental Hygiene, Public Health Laboratory (DOHMH/PHL) for analysis to determine whether the unknown substance is a biological weapon agent or hazardous biological organism/toxin. 23. In order to avoid unnecessary submissions to the DOHMH/PHL (i) evaluate the totality of the circumstances regarding the incident in question; (ii) consider the results of any preliminary investigation, (iii) confer with DEP/HMRU personnel, and when applicable, personnel from DOHMH, FDNY, other city, state, federal agencies and private organizations, (iv) assess any other relevant facts and circumstances. a. Absent facts or circumstances to the contrary, it would be reasonable to submit samples of the unknown substance and/or the related evidence/ items (e.g., envelope, package, container, letter, contents, etc,) to the DOHMH/PHL in the following situations: (1) Express or implied CBRN/Hazardous Material threat made against the complainant/location in question and an unknown substance is present and visible. (2) Express or implied CBRN/Hazardous Material threat made against the complainant/location in question and an unknown substance may be present but is not visible. (3) No express or implied CBRN/Hazardous Material threat made against the complainant/location in question and an unknown substance is present and visible and it cannot be logically explained by packaging, labels, contents of letter/package/container, nature of the location, nature of recipient/sender/resident or other facts and circumstances. (4) No express or implied CBRN/Hazardous Material threat made against the complainant/location in question and an unknown substance may be present but it is not visible, however, the circumstances (including the nature of the envelope, package, container, letter, contents, etc) are suspicious and the unknown substance was found in the proximity of or delivered to a senior government official or a high profile public figure or a sensitive location (e.g., government agency, utility company, electronic/print media company, major transportation center, high profile financial institution, large high profile business, etc.); or, was found on a publicly or privately owned/operated bus, train, subway, watercraft, aircraft, etc. b. In those situation where there is no express or implied CBRN/Hazardous Material threat made against the complainant/location in question and an unknown substance may be present, whether it is visible or not, and the complainant(s) states that they are ill and believes that the unknown substance may be the cause of the illness, notify the Intelligence Bureau, Criminal Intelligence Section supervisor and confer with DOHMH/PHL personnel regarding the submission of samples of the unknown substance and the related evidence/items (e.g., envelope, package, container, letter, contents, etc,) to the DOHMH/PHL for analysis. 24. Advise the patrol supervisor whether samples of the unknown substance(s) and/or related evidence/items and any contaminated non-evidence waste items must be collected and transported to the DOMHM/PHL by an assigned uniformed member of the service. 25. If samples of the unknown substance(s) and/or the related evidence/items must be collected and transported to the DOHMH/PHL for analysis to determine whether the unknown substance is a biological weapon agent or hazardous biological organism/toxin: a. Immediately request the response of an Emergency Service Unit supervisor. b. Collect and separately package/seal each of the samples of the unknown substance and/or each of the related evidence/items and any contaminated non-evidence waste items in conformance with appropriate ESU procedures. The packaging/sealing methodology utilized by ESU personnel strictly complies with all applicable federal, state and city health/safety laws and regulations. c. Complete ALL CAPTIONS on the Evidence Collection/Tracking Form (Misc. 4237). Enter N/A, UNK, NONE, etc, when applicable. d. Comply with all other applicable ESU and Department procedures. NOTE: The Emergency Service Unit supervisor will review the Evidence Collection/Tracking Form for completeness and accuracy, and will ensure that the sample(s) of unknown substance(s), the related evidence/items and any contaminated non-evidence waste items have been properly and safely packaged/sealed. PATROL SUPERVISOR 26. If the packaged/sealed samples of the unknown substance and/or related evidence/items and contaminated non-evidence waste items have to be delivered to the DOHMH/PHL, designate a uniformed member of the service to perform this assignment and direct him/her to remain at the incident location until the packages are ready to be transported. 27. If packaged/sealed samples of the unknown substance and/or related evidence /items have to be delivered to the DOHMH/PHL and/or the DEP Hazardous Materials Laboratory for analysis: a. Direct that a separate AIDED REPORT WORKSHEET (PD304-152b) be prepared for each individual who was exposed to the unknown substance. (1) An AIDED REPORT WORKSHEET MUST be prepared for an individual that was exposed to the unknown substance even if the individual did not have to be decontaminated. (2) Under the "Details" section of the AIDED REPORT WORKSHEET, describe the circumstances, manner, duration, extent, etc, regarding the exposure of the aided to the unknown substance. Specifically indicate whether the aided had direct contact with the unknown substance. b. Have a COMPLAINT REPORT WORKSHEET (PD313-152A) prepared and classify it as open - "Investigate Suspicious Substance" and any other offence(s) that may have been committed, e.g., aggravated harassment, disorderly conduct, harassment, reckless endangerment, menacing. (1) Refer the COMPLAINT REPORT to the Detective Squad, precinct of occurrence, for: (i) appropriate investigation; and, (ii) required notifications(s) regarding the results of the DOHMH/PHL analysis and/or DEP Hazardous Materials Laboratory analysis. NOTE: If a member of the service is exposed to an unknown substance suspected of being a CBRN/Hazardous Material, comply with P.G. 205-10, "Exposure of Members of the Service to Infectious Diseases Hazardous Materials" and any other applicable Patrol Guide Procedures. EMERGENCY SERVICE UNIT PERSONNEL 28. Identify the person who will be notified by the Detective Squad, precinct of occurrence, of the results of the DOHMH/PHL and/or DEP Hazardous Materials Laboratory analysis of the samples of the unknown substance, i.e., complainant, office manager, security director/coordinator, medical/safety coordinator, building superintendent, building manager/owner or other appropriate designated contact person. a. Enter the designated contact person's name, title, home/work/cell telephone numbers and other required contact information in the appropriate captions on the Evidence Collection/Tracking Form. 29. If packaged/sealed samples of the unknown substance and/or related evidence/items are being delivered to the DOHMH/PHL and/or to the DEP Hazardous Materials Laboratory notify the Intelligence Bureau, Criminal Intelligence Section from the scene and: a. Provide ESU Hammer number b. Plastic Security Envelope Number(s), if applicable. c. Obtain the next WMD Log Number. (1) If packaged/sealed samples of the unknown substance and/or related evidence/items are being delivered to the DOHMH/PHL, enter the Intelligence Bureau, Criminal Intelligence Section WMD Log Number in the appropriate caption of the Evidence Collection/Tracking Form. (2) If packaged/sealed samples of the unknown substance and/or related evidence/items are being delivered to the DEP Hazardous Material Laboratory, provide the DEP/HMRU personnel with the WMD Log Number. NOTE: DOHMH/PHL will not accept samples of the unknown substance and the related evidence/items unless an Evidence Collection/ Tracking Form has been prepared and a WMD Log number has been issued by the Intelligence Bureau, Criminal Intelligence Section and entered on the form. INTELLIGENCE BOROUGH CRIMINAL INTELLIGENCE SECTION SUPERVISOR 30. If packaged/sealed samples of the unknown substance and/or related evidence/items are being delivered to the DOHMH/PHL and/or to the DEP Hazardous Materials Laboratory, notify the FBI/NYPD Joint Terrorist Task Force Call Center and request the immediate response of investigators if they are not already responding or present. 31. If packaged/sealed samples of the unknown substance and/or related evidence/items are being delivered to the DOHMH/PHL a. Notify the DOHMH/PHL and explain the facts and circumstances: (1) Monday - Friday, 0900 to 1700 hours, telephone DOHMH/PHL at (212) 477-1091 and ask to speak to the "BT Lab Duty Officer." (2) Other times, telephone the Poison Control Center at (212) 764-7667 and ask to speak to the "On-Call BT Lab Duty Officer." b. Notify the DOHMH/PHL Law Enforcement Receiving Intake Area by telephone at (212) 213-1410 and ask to speak to the DOHMH uniformed Officer. EMERGENCY SERVICE UNIT PERSONNEL 32. Deliver the packaged/sealed samples of the unknown substance, the related evidence/items and the contaminated non-evidence waste items to the designated transporting uniformed member of the service for IMMEDIATE delivery DIRECT to the DOHMH/PHL. 33. Obtain the signature of the designated transporting officer on the Evidence Collection/Tracking Form as a receipt and to establish a chain of custody for the packaged/sealed samples of the unknown substance and/or related evidence/items. a. Retain the ESU copy of the Evidence Collection/Tracking Form (3rd copy). b. Give the remaining four copies of the Evidence Collection/Tracking Form to the designated transporting officer, to be immediately delivered direct to the DOHMH/PHL with the packaged/sealed samples of the unknown substance, the related evidence/items and the contaminated non-evidence waste items. TRANSPORTING UNIFORMED MEMBER OF THE SERVICE 34. Take custody of the packaged/sealed samples of the unknown substance, the related evidence/items and the contaminated non-evidence waste items from the ESU personnel. a. Do not open the seals/packages. b. Exercise caution so as not to accidentally damage, break, puncture, tear, etc, the seals / packages. 35. Confer with the ESU personnel and examine the Evidence Collection / Tracking Form to verify the number and type of packages that are being accepted for IMMEDIATE delivery DIRECT to the DOHMH/PHL. a. Sign the Evidence Collection/Tracking Form in the appropriate section. 36. Make ACTIVITY LOG (PD112-145) entry that will record the chain of custody for the samples of the unknown substance and the related evidence/ items and include: a. The rank, name, tax number and command of the collecting/packaging ESU officers. b. Total number and type of packages that are being delivered to the DOHMH/PHL. c. Plastic Security Envelope number(s) and ESU Hammer number and WMD Log number. PATROL SUPERVISOR 37. Verify that the designated transporting officer's ACTIVITY LOG entry is complete and accurate. a. Indicate verification by signing the ACTIVITY LOG. 38. Make appropriate ACTIVITY LOG entries and include statement indicating that an appropriate record of the chain of custody has been made. 39. Direct the designated transporting officer to IMMEDIATELY deliver the packaged samples of the unknown substance, the related evidence/items, the contaminated non-evidence waste items and Evidence Collection/Tracking Form DIRECTLY to the DOHMH/PHL. TRANSPORTING UNIFORMED MEMBER OF THE SERVICE 40. IMMEDIATELY transport and deliver all of the packaged/sealed samples of the unknown substance, the related evidence/items, the contaminated non-evidence waste items and Evidence Collection/Tracking Form DIRECT to the NYC Department of Health and Mental Hygiene, Public Health Laboratory (DOHMH/PHL), Law Enforcement Receiving Intake Area, located at 455 1st Avenue, New York, NY (use entrance on 26th Street between 2nd Ave and 1st Ave). NOTE: The transporting officer will NOT proceed to the precinct of occurrence to voucher the packaged/sealed samples of the unknown substance and/or the related evidence/items prior to transporting/delivering them to the DOHMH/PHL. AFTER ARRIVAL AT THE DOHMH/PHL EVIDENCE INTAKE AREA 41. Obtain DOHMH/PHL "Accession Number" from the DOHMH uniformed Officer assigned to the evidence intake area and enter it on the Evidence Collection/Tracking Form in the appropriate caption. 42. Obtain signature of the receiving DOHMH evidence intake area Officer on the Evidence Collection/Tracking Form in order to establish a chain of custody for the packaged/sealed samples of the unknown substance and the related evidence/items. 43. Submit original copy of the Evidence Collection/Tracking Form to the DOHMH evidence intake area Officer. 44. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) maintained at the DOHMH/PHL evidence intake area. List the packaged / sealed samples of the unknown substance and the related evidence/items that are being submitted to the DOHMH/PHL, and categorize the property as "Investigatory". DO NOT list the packaged/sealed contaminated non-evidence waste items on the WORKSHEET. a. Telephone desk officer, precinct of occurrence, and obtain the serial number of the next available PROPERTY CLERK INVOICE (PD521-141); and, request that this INVOICE be set aside in order to voucher the packaged/sealed samples of the unknown substance and the related evidence/items that have been delivered to the DOHMH/PHL. Write the serial number on the WORKSHEET. b. Complete ALL captions on the WORKSHEET. Enter N/A, UNK, NONE, etc, when applicable. c. Enter NYPD Plastic Security Envelope serial number(s) adjacent to the associated ITEM(s) on the WORKSHEET. d. Write the following in the "Remarks" section of the WORKSHEET: "The above property was invoiced as possible CBRN/Hazardous Material evidence for investigation. DOHMH/PHL Laboratory Accession # _____. Receipted for by DOHMH Officer________." e. Request DOHMH evidence intake area Officer to sign the statement in the "Remarks" section of the WORKSHEET as a receipt; or, enter "Refused Signature." f. Prepare and sign DOHMH form Evidence/Property Custody Document and all other required DOHMH forms, reports, receipts, etc. 45. Prior to leaving the DOHMH/PHL evidence intake area, notify the Intelligence Bureau, Criminal Intelligence Section and provide the following: a. DOHMH/PHL "Accession Number." b. PROPERTY CLERK INVOICE serial number. c. PLASTIC SECURITY ENVELOPE serial number(s). 46. Deliver to the desk officer, precinct of occurrence: a. Remaining copies of the Evidence Collection/Tracking Form. b. Original PROPERTY CLERK INVOICE WORKSHEET. DESK OFFICER 47. Review the Evidence Collection/Tracking Form and PROPERTY CLERK INVOICE SHEET for accuracy and completeness. 48. Distribute the remaining copies of the Evidence Collection/Tracking Form as indicated on the bottom of the form: a. Send second copy to the Intelligence Bureau, Criminal Intelligence Section Weapons of Mass Destruction Desk, One Police Plaza, Room 1109, in the next outgoing mail. b. Fifth copy to the designated transporting officer who delivered the packages to the DOHMH/PHL. 49. Direct that the previously set aside PROPERTY CLERK INVOICE be prepared based upon the information contained on the WORKSHEET. 50. Review the INVOICE for accuracy and completeness. a. Utilize ACTIVITY LOG entry of delivering member of the service; and, Evidence Collection/Tracking Form; and, WORKSHEET to verify accuracy of INVOICE. b. Sign the INVOICE. 51. Have the WORKSHEET attached to the INVOICE. 52. Direct property officer to safeguard/file the INVOICE and attached WORKSHEET until notified by the Intelligence Bureau, Criminal Intelligence Section that the unknown substance was analyzed by the DOHMH/PHL. 53. Have the information from the AIDED REPORT WORKSHEET that was previously prepared for each individual who was exposed to the Unknown substance entered into the On Line Aided Systems (O.L.A.S.) a. Review the O.L.A.S. AIDED REPORT for accuracy and completeness. b. Ensure that a separate AIDED REPORT was prepared for each individual who was exposed to the unknown substance even if the individual did not have to be contaminated. c. Ensure that all of the required information regarding the circumstances, manner, duration, extent, etc, of the aided's exposure to the unknown substance is recorded under the "Details" section of the AIDED REPORT, including whether the aided had direct contact with the unknown substance. 54. Have the information from the previously prepared COMPLAINT REPORT WORKSHEET entered into the On Line Complaint System (OLCS). a. Review the OLCS computer generated copy of the COMPLAINT REPORT for accuracy and completeness. NOTE: Ensure that all AIDED REPORT numbers are recorded on the related COMPLAINT REPORT number is recorded on all of the related AIDED REPORTS. 55. Notify the Detective Squad, precinct of occurrence and forward to them the following documents: a. Fourth copy of the Evidence Collection/Tracking Form. b. Appropriate copies of the PROPERTY CLERK INVOICE. c. Copy of all of the related AIDED REPORTS. d. Copy of the OLCS computer generated COMPLAINT REPORT. 56. Fax the following documents to the Intelligence Bureau, Criminal Intelligence Section and call the IDOU supervisor at (646) 805-6400 to verify that the FAX was received: a. Second copy of the completed Evidence Collection/Tracking Form. b. Copy of the PROPERTY CLERK INVOICE. c. Copy of the OLCS computer generated COMPLAINT REPORT. d. Copy of all of the related AIDED REPORTS. AFTER NOTIFICATION TO THE INTELLIGENCE BUREAU, CRIMINAL INTELLIGENCE SECTION FROM THE DOHMH/PHL AND/OR THE DEP HAZARDOUS MATERIALS LABORATORY REGARDING RESULTS OF THE ANALYSIS OF THE UNKNOWN SUBSTANCE INTELLIGENCE BUREAU, CRIMINAL INTELLIGENCE SECTION SUPERVISOR 57. Inform the Operations Coordinator, precinct of occurrence, of the results of the DOHMH/PHL and/or DEP Hazardous Materials Laboratory analysis of the unknown substance. OPERATIONS COORDINATOR, PRECINCT OF OCCURRENCE 58. Have involved members of the service notified of the results of the analysis of the unknown substance. 59. After being notified of the results of a DEP Hazardous Materials Laboratory analysis of the unknown substance comply with the instructions of the Intelligence Bureau, Criminal Intelligence Section supervisor. 60. After being notified of the results of a DOHMH/PHL analysis of the unknown substance: a. If the results of the analysis are NEGATIVE a member of the service: (1) MUST respond within seventy two hours to the DOHMH/PHL, Room 203, from Monday to Friday, between 0800 and 1600 hours, with copies of the PROPERTY CLERK INVOICE to retrieve the vouchered packages. (2) Identify any vouchered items/packages that cannot be retrieved from DOHMH/PHL. Make appropriate entries on the PROPERTY CLERK INVOICE to account for the missing vouchered items/packages and explain the reason why the items/packages are missing and are not being retrieved, e.g., consumed during sample analysis, destroyed during decontamination, transferred to another laboratory. (3) In the appropriate area of the PROPERTY CLERK INVOICE print rank, name, and tax number of the DOHMH evidence Officer. Have the DOHMH evidence Officer sign the entry as a receipt for the vouchered items/packages being retrieved and a verification of the missing vouchered items/package; or, enter "Refused Signature." (4) Prepare and sign DOHMH form Evidence/Property Custody Document and all other required DOHMH forms, reports, receipts, etc. (5) Deliver the retrieved items/packages and PROPERTY CLERK INVOICE to the desk officer, precinct of occurrence, for processing according to the applicable Department guidelines. b. If the results of the analysis are POSITIVE, comply with the instructions that are provided by the ranking member of the service making the notification. 61. Notify the Detective Squad supervisor, precinct of occurrence, of the results of the DOHMH/PHL and/or DEP Hazardous Materials Laboratory analysis of the unknown substance. 62. If applicable, notify Medical Division of the results of the DOHMH/PHL and/or DEP Hazardous Materials Laboratory analysis of the unknown substance in compliance with P.G. 205-10, "Exposure of Members of the Service to Infectious Diseases or Hazardous Materials." PRECINICT DETECTIVE SQUAD SUPERVISOR 63. Ensure that the individual identified as the designated contact person on the Evidence Collection/Tracking Form is notified of the results of the DOHMH/PHL and/or DEP Hazardous Materials Laboratory analysis of the unknown substance. a. When the laboratory analysis results are negative, if other offense(s) may have been committed, it will be the responsibility of the assigned detective to fully investigate the incident. ADDITIONAL DATA When members of the NYPD respond and determine that an unknown substance is not CBRN/Hazardous Material evidence and does not otherwise have to be collected/packaged and/or vouchered/safeguarded; if another agency responds and collects/packages the unknown substance, then the NYPD will NOT take custody of the package(s) from the involved agency absent new or additional information indicating the unknown substance is CBRN/Hazardous Material evidence and/or must be collected/packages and/or vouchered/safeguarded by the NYPD. The patrol supervisor will respond and interview the involved agency supervisor and confer with the Emergency Service Unit supervisor and the Intelligence Bureau, Criminal Intelligence Section supervisor. If there is an issue that cannot be resolved, the patrol supervisor will request the immediate response of the Duty Captain. RELATED PROCEDURES Exposure of Members of the Service to Infectious Diseases or Hazardous Materials (P.G. 205-10) Hazardous Materials (P.G. 212-37) Bomb Threats/Unattended Articles - Suspected/Reported Explosive Devices and Post Explosion Bomb Scene (P.G. 212-40) Emergency Incidents (P.G. 213-02) Citywide Incident Management System (P.G. 220 Series) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT WORKSHEET (PD313-152A) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) Evidence Collection/Tracking Form (Misc 4237) Evidence/Property Custody Document P.G. 212-102 Personal Radiation Detection Pager Alarms Date Effective: 10-16-13 PURPOSE To investigate personal radiation detection pager alarms emanating from radiological materials that may endanger the public, and to establish a process to record occurrences of radiation alerts for the purpose of: a. Investigating elevated readings b. Determining if further investigation or action is warranted c. Documenting location(s) or where activations have occurred. SCOPE Personal radiation detection pagers, designed as early warning devices, will be issued ONLY to trained supervisors/designated members in order to detect/investigate the presence of hazardous radiological materials that may endanger the public and members of the service. DEFINITIONS For the purpose of this procedure, the following definitions will apply: PERSONAL RADIATION DETECTION PAGER ALARM - a sensitive search device, usually pager sized, designed to alert increased levels of gamma radiation. The alerts allow the wearer to track, isolate and identify sources emitting gamma radiation. Personal radiation detection pager alarms are designed as interdiction tools alerting officers to the presence of radiation fields that they would not normally be aware of. NOTE: Personal radiation detection pager alarms shall be deployed in accordance with P.G. 219-27, "Issuance And Maintenance of Radiation Detection Pagers." HOSTILE ALARM - Through investigation, interview and/or personal experience, the trained supervisor/designated member determines that the alarm activation resulted from a reading emanating from a substance or device that is suspicious or criminal in nature or if the member cannot identify the source of an alarm. IDENTIFIED ALARM - Through investigation, interview and/or personal experience, trained supervisor/designated member identifies alarm as both non-criminal and non-threatening. Examples of sources that may cause an identified alarm include, but are not limited to: licensed medical transporters, power plants, research/medical facilities, naturally occurring background radiation and common construction materials. INNOCENT ALARM - Through investigation, trained supervisor/designated member determines that the alarm activation was due to the proximity to an individual following, or who is in the course of receiving medical radiation treatment. PROCEDURE Upon alarm activation of the personal radiation detection pager, and detection of elevated radiation readings. IF ABLE TO LOCATE SOURCE AND IDENTIFY AS AN "IDENTIFIED" OR "INNOCENT" ALARM NOTE: Supervisors of specialized units present at the scene will perform the duties of the platoon commander/patrol supervisor regarding necessary reporting requirements. TRAINED MEMBER UTILIZING PAGER 1. Make appropriate ACTIVITY LOG (PD112-145) entries. 2. Notify platoon commander/patrol supervisor. PLATOON COMMANDER/PATROL SUPERVISOR 3. Respond to scene and conduct investigation. 4. Notify Counterterrorism Bureau, Lower Manhattan Security Coordination Center (LMSCC) for ALL alarms, including "Innocent," "Identified," or "Hostile" alarms. 5. Make appropriate ACTIVITY LOG entries. IF UNABLE TO IDENTIFY OR LOCATE SOUCE, OR ABLE TO IDENTIFY AS A "HOSTILE" ALARM TRAINED MEMBER UTILIZING PAGER 6. Conduct preliminary field investigation to determine source. 7. Request the response of the platoon commander/patrol supervisor. 8. Establish the boundary where the alarm no longer signals radiation levels and isolate and contain all persons inside boundary line and possible contaminated area. a. Immediately request the response of Emergency Service Unit personnel. b. Do not allow persons to enter affected area pending a determination by ESU as to whether or not decontamination is necessary. An AIDED REPORT WORKSHEET (PD304-152b) will be completed for any persons who may have been exposed. Comply with P.G. 212-37 "Hazardous Materials," P.G. 212-101, "Processing Unknown Substances Suspected of Being Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Materials Evidence," and P.G. 220 Series, "Citywide Incident Management System (CIMS)," if appropriate. PLATOON COMMANDER/PATROL SUPERVISOR 9. Respond to scene and take appropriate action in accordance with the nature or severity of the perceived threat. a. Determine if additional personnel/equipment is needed. b. Assume role as initial Incident Commander and comply with P.G. 212-37 "Hazardous Materials," P.G. 212-40, "Bomb Threats/Unattended Articles - Suspected/Reported Explosive Devices and Post Explosion Bomb Scenes," P.G. 213-03 "Rapid Mobilization," P.G. 212-101, "Processing Unknown Substances Suspected of Being Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Materials Evidence," and P.G. 220 Series, "Citywide Incident Management System (CIMS)," if appropriate. 10. Confer with a supervisor from patrol precinct concerned if the trained member utilizing the radiation pager is not assigned to that patrol command prior to making a determination that an alarm is hostile. NOTE: Supervisory officers of patrol commands may have previous know-ledge of the source location of the alarm and may know the cause to be non hostile. 11. Notify police service area (PSA) or transit district desk officer if an alarm was activated on police service area (PSA) or transit district property. 12. Notify duty captain concerned via Patrol Borough Wheel. 13. Notify Counterterrorism Bureau, Lower Manhattan Security Coordination Center (LMSCC) for ALL alarms, including "Innocent," "Identified," or "Hostile" alarms. 14. Notify Operations Division. 15. Notify Intelligence Bureau WMD Desk to obtain log number. 16. Conduct investigation. 17. Make ACTIVITY LOG entry. 18. Direct the preparation of COMPLAINT REPORT (PD313-152) if incident requires further investigation. ESU MEMBER 19. Respond, identify source and take appropriate action. 20. Ensure ESU supervisor is responding. RELATED PROCEDURES Hazardous Materials (P.G. 212-37) Bomb Threats/Unattended Articles - Suspected/Reported Explosive Devices and Post Explosive Bomb Scenes (P.G. 212-40) Rapid Mobilization (P.G. 213-03) Issuance and Maintenance of Radiation Detection Pagers (P.G. 219-27) Processing Unknown Substances Suspected of Being Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Materials Evidence (P.G. 212-101) Citywide Incident Management System (CIMS) (P.G. 220 Series) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) AIDED REPORT WORKSHEET (PD304-152b) P.G. 212-103 Crime Information Centers Date Effective: 08-01-13 PURPOSE To properly identify what should be posted in a precinct, PSA or transit district "Crime Information Center," and identify those responsible for maintaining this information. DEFINITION CRIME INFORMATION CENTER - A central command repository for the dissemination of information that will assist MOS in the apprehension of wanted persons and the detection and identification of criminal activity. The Crime Information Center will guide deployment of resources and increase officer safety. The Crime Information Center is to be situated in the command's muster room and will be maintained on either bulletin boards or in wall mounted glass cases. The Crime Information Center is to be kept neat, orderly and free of obstructions. PROCEDURE To assist crime control and maximize officer safety by providing ready access to current crime intelligence and information on fugitives and other wanted or dangerous criminals that may be encountered in the field. OPERATIONS COORDINATOR 1. Oversee the maintenance of the Crime Information Center and ensure deficiencies are corrected. 2. Act as a liaison between the crime analysis personnel, detective squad and field intelligence officer and other appropriate personnel. CRIME ANALYSIS SUPERVISOR 3. Ensure that the Crime Information Center is updated and maintained as follows: a. Crime Maps - Post current and accurate maps for the following: i. Twenty-eight day maps, electronic maps if available, for the seven major felony crimes, and shooting incidents. ii. Year to date maps, electronic maps if available, for murder. iii. Year to date maps, electronic maps if available, for shooting incidents. b. Crime Breakdown - Post "running" twenty-eight day spread sheets for each of the seven major felony crimes and for shooting incidents. The following data will be included: i. Date ii. Day of week iii. Time iv. Address v. Type of location, e.g., elevator, park, street vi. Complaint number vii. Sector/Development viii. Brief synopsis of details ix. Sex, race and age of victim x. Suspect's description (if applicable) c. Crime Trends, Clusters, Alerts - Post all trends, clusters, alerts and intelligence information that are generated by the Patrol Borough Pattern Identification Module (PIM), and that affect the command. d. Surveillance Systems - Post one map identifying all of the camera locations and a list of addresses where the cameras are deployed throughout the command regarding the following: i. A.R.G.U.S. ii. V.I.P.E.R. iii. Operation Safe Store iv. Housing Authority Small Scale Camera Systems v. Transit Authority C.C.T.V. vi. Red light enforcement (Department of Transportation) vii. Any other appropriate camera programs or initiatives as they are developed and implemented. e. Impact and Impact Overtime Zones i. Post map with current Impact Zone boundaries, and days and hours of deployment. ii. Post map with current Impact Overtime Zone boundaries, and days and hours of deployment. iii. Post map with current deployment and zone boundaries for any programmatic enforcement overtime initiative/strategy conducted within a narrowly focused and defined target area. Identify the name of the program, initiative or strategy and list days and hours of deployment. [I.O. 50 s 11] f. Weekly/revised COMMAND CONDITIONS REPORT, as appropriate. NOTE: Crime maps and crime details will be posted weekly before 1400 hours each Tuesday. Other maps, if applicable to the command, will be posted in a timely manner. Disclosure of domestic violence crime victim information is in violation of Mayor's Executive Orders Number 34 and 41. Therefore, information regarding the status of a person as a "Domestic Violence Crime Victim" (i.e., victim listed on a Domestic Violence Unit's "High Propensity List") cannot be displayed within a Crime Information Center. DETECTIVE SQUAD SUPERVISOR 4. Ensure the timely posting of the following items in the Crime Information Center of affected commands: a. Crime Patterns – All patterns affecting the command, including borough and citywide patterns, from units such as, but not limited to: i. Central Robbery Section ii. Special Victims Squads iii. Major Case Squad iv. Financial Crimes Task Force v. I.A.B., Police Impersonation Squad vi. Auto Crime Division b. Wanted Person Photos - Photos of wanted persons in the following priority order: i. Subjects wanted by the command. ii. Subjects wanted by other commands who live within the confines of the command. iii. Subjects wanted by other commands who live in New York City. c. Investigation Cards (I-Cards) - Photos of "Probable Cause to Arrest" Investigation Card (I-Card) subjects within twenty-four hours after the ICard is activated. i. Commands with a large number of I-Cards, should post photos and information regarding individuals who are the subjects of "Probable Cause to Arrest" I-Cards for Homicide, Non-Fatal Shooting and Robbery. ii. Photos regarding "Probable Cause to Arrest" I-Cards for subjects wanted for other crimes may be maintained on clipboards in the Crime Information Center. 5. Ensure the following items are removed from the Crime Information Center: a. Remove photos of "Probable Cause to Arrest" I-Card subjects within twenty- four hours after the subject is arrested on the I-Card or the I-Card is otherwise deactivated. b. Remove all closed patterns within twenty-four hours of notification that the pattern has been closed. FIELD INTELLIGENCE OFFICER 6. Ensure current and accurate lists of the following are posted in the Crime Information Center by the 5th of each month: a. NYS Parolees - Active N.Y.S. Parolees who reside within the command/development(s). Include the: i. Parolee's address ii. Crime iii. Conditions of Parole b. Top 500 Burglars - "Top 500 Burglar" list as follows: i. Persons arrested for Burglary in the command. ii. Persons arrested for Burglary in other commands /development(s), who reside in the command /development. c. Gang Members - Listing of active gang members who reside within the command/development(s), and indicate their gang affiliation. d. Post the names, addresses and a photo of persons who are designated as chronic offenders. i. Commanding officers will determine what criteria will be used to define a chronic offender based upon command conditions. For example, a command with a robbery condition may choose to define a chronic offender as a person who has been arrested for robbery within the involved command two or more times during the previous five years. NOTE: The field intelligence officer should confer with the commanding officer and prioritize postings required in step "6" subdivisions "a" through "d" above. If the field intelligence officer position is vacant these functions will be performed by an appropriate member designated by the commanding officer. BOROUGH ADJUTANT 7. Designate appropriate borough level supervisor to inspect the Crime Information Centers, at least once a month. 8. Ensure that the commanding officer expeditiously corrects any deficiencies. ADDITIONAL DATA Commanding officers should designate space in the Crime Information Center to be utilized for command specific conditions. "Cash for Guns" and "Gun Stop" posters should NOT be placed inside the Crime Information Center. Instead, display "Cash for Guns" and "Gun Stop" posters prominently in a significant number of appropriate locations throughout the command where they will be readily viewed by the public. Examples include: a. Entrance vestibule of the command b. Lobby of the command c. 124 room d. Arrest processing area e. Desk area f. Interview room g. Debriefing location h. Detective Squad, if applicable HOUSING BUREAU In addition to the above, the following issues specific to Housing Bureau commands are noted: a. Police Service Area Crime Information Centers will be partitioned by precinct areas serviced by the PSA. A listing of developments, maps, patterns, crime breakdowns, photos of wanted persons, etc. will be posted in each section. Where applicable, the housing development where crimes are occurring, or where wanted persons/fugitives, etc., are known to frequent, will be specifically indicated. b. V.I.P.E.R. base, satellite commands, hi-tech police rooms, and other Housing Bureau substations will maintain a Crime Information Center appropriate to their area of responsibility. PSA commanders will designate a supervisor assigned to each subcommand to coordinate with the PSA Crime Analysis Unit and ensure updated and accurate data. c. The Detective Borough Operations Commander will ensure that detective commands directly coordinate with the PSA Operations Coordinator to ensure that step "4" and step "5" of this order are complied with. d. The duties of the Patrol Borough Adjutant will be performed by the Housing Borough Executive Officer. TRANSIT BUREAU In addition to the above, the following issues specific to Transit Bureau commands are noted: a. Transit District Crime Information Centers will be partitioned by the precinct areas serviced by the District. Subway line/station maps, street maps, patterns, crime breakdowns, photo of wanted persons, etc., will be posted in each section. Where applicable, the subway line/station where crimes are occurring, or where wanted persons/fugitives, etc., are known to frequent will be specifically indicated. b. District commanding officers will designate the Crime Analysis Supervisor to directly coordinate with detective squads, the Borough Pattern Identification Module, and others, to facilitate the timely exchange of information, updates, etc., and dissemination of materials. c. The Detective Borough Operations Commander will ensure that detective commands directly coordinate with the District Crime Analysis Supervisor to ensure that step "4" and step "5" of this order are complied with. d. The duties of the Patrol Borough Adjutant will be preformed by the Transit Borough Executive Officer. e. The Transit District Crime Analysis Supervisor will obtain the information listed in step "6" subdivision "a" from the Transit Bureau's Special Projects Lieutenant. P.G. 212-104 Interaction With Hearing Impaired Persons Date Effective: 08/01/13 PURPOSE To facilitate the process of effective communication with members of the public who are hearing impaired, including aided cases, crime victims, witnesses, suspects or arrestees, and to obtain information from such individuals, through the use of sign language interpreters or other auxiliary aids and services. SCOPE The Americans with Disabilities Act, state and local law, in addition to Department policy and procedure, requires that the Department maintain effective services, practices and policies to ensure that the needs of hearing impaired individuals are protected. DEFINITIONS HEARING IMPAIRED – A person who possesses hearing abilities that are limited to the extent that it constitutes a substantial limitation of an individual's activities. The impairment is to such a degree that it will be readily apparent to a member of the service that the individual has difficulty understanding what is communicated orally. AUXILIARY AIDS – In addition to the services of a qualified sign language interpreter, the use of gestures or visual aids to supplement oral communication, use of a notepad and pen/pencil to exchange written notes, use of an assistive listening system or device to amplify sound or other effective methods of delivering information or communicating with an individual who is hearing impaired. Auxiliary aids may also include the use of text telephones or other devices, accessed via use of a Telecommunications Relay Service (TRS), or an individual's personal communication device (such as a personal digital assistant [PDA], telephone with text capability, etc.). NOTE: The type of aid that will be required for effective communication will depend on the hearing impaired person's usual method of communication. To serve each individual effectively, primary consideration should be given to providing the type of communication aid or service requested by the individual. Persons with hearing impairments must not be charged for the cost of an auxiliary aid or service which is needed for effective communication. QUALIFIED SIGN LANGUAGE INTERPRETER – A qualified sign language interpreter is one who is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary. A qualified interpreter must be able to interpret impartially, therefore, under some circumstances (e.g., a domestic dispute, etc.), a family member, child or friend of the individual with a hearing impairment may not be qualified to render the necessary interpretation. NOTE: Every effort should be made to have a person not connected with the incident serve as an interpreter. In exigent circumstances, the need to immediately communicate may take precedence over the effort to secure an interpreter not involved in the incident. TELECOMMUNICATIONS RELAY SERVICE (TRS) – The Federal Communications Commission (FCC) has adopted use of the "711" dialing code for access to TRS. This permits persons with a hearing or speech disability to use the telephone system via a telephone typewriter (TTY) or other device to call persons with or without such disabilities. Conversely, voice users can also dial "711" to be connected to a TRS operator, who will then relay the message to a person with a hearing or speech disability via a TTY or other device. 311 SYSTEM FOR INDIVIDUALS WITH HEARING IMPAIRMENTS – The City of New York also maintains a "311" non-emergency system for individuals with hearing impairments. Persons with hearing impairments who wish to inquire about City services or make complaints regarding a specific City agency or service, can be directed to TTY number (212) 504-4115. The "311" operator will then direct the inquiry/complaint to the appropriate City agency. PROCEDURE When a member of the service has cause to interact with an individual who is hearing impaired: MEMBER OF THE SERVICE 1. Ascertain from the person with the hearing impairment the type of auxiliary aid or services he/she requires. 2. Utilize appropriate auxiliary aids to facilitate communication. 3. Contact the desk officer if the services of a qualified sign language interpreter are needed. 4. Follow P.G. 208-03, "Arrests – General Processing" in arrest situations where probable cause has been established. NOTE: In cases where probable cause has been developed, the arrest of a hearing impaired person shall proceed in accordance with standard arrest and safety procedures. Should communication with a hearing impaired suspect be necessary to establish probable cause, or for a pre-arrest interview, etc., the appropriate auxiliary aid should be employed. When dealing with hearing impaired arrestees, auxiliary aids will be used to communicate with the arrestee (e.g., informing arrestee of charges and nature of the offense, interrogation, etc.). In situations where an arrestee would be permitted use of a telephone, a qualified sign language interpreter can be used to communicate for a hearing impaired arrestee, and the use of the TRS can be employed where the recipient of a call uses a TTY. 5. Document in detail any auxiliary aids utilized in ACTIVITY LOG (PD112145). DESK OFFICER 6. Ensure that auxiliary aids are utilized, if necessary. 7. Evaluate whether the services of a qualified sign language interpreter are necessary. NOTE: In cases where the services of a qualified sign language interpreter are needed, the Operations Unit should be contacted. 8. Make entry in the Command Log regarding: a. Type of auxiliary aid used; or b. Reason(s) for not using auxiliary aid(s) (i.e., qualified sign language interpreter, etc.). RELATED PROCEDURES Preliminary Investigation of Complaints (Other than Vice Related or Narcotics Complaints) (P.G. 207-07) Arrests – General Processing (P.G. 208-03) Rights of Persons Taken into Custody (P.G. 208-09) [I.O. 31 s 11] Guidelines for Interaction with Limited English Proficient (LEP) Persons (P.G. 212-90) Grievance Procedure for Members of the Public with Disabilities (A.G. 308-06) FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 212-105 Search Warrant Execution Date Effective: 10-16-13 PURPOSE To provide the guidelines necessary when executing a search warrant: SCOPE Executing search warrants is an integral part of the Department's law enforcement mission. P.G. 212-75, Search Warrant Applications," details the search warrant application procedures. This procedure will detail the procedures for execution of a search warrant. To ensure the safety of both uniformed members of the service and the general public, ALL commands involved in executing search warrants MUST utilize and refer to these guidelines. Search Warrants may only be executed between 0600 and 2100 hours unless the issuing court specifically authorizes nighttime execution. Warrants must be executed within ten calendar days of date of issuance, including weekends and holidays. If a warrant expires before its execution, the Intelligence Bureau, Public Security Section must be notified of this fact by telephone. PROCEDURE Upon obtaining a search warrant: UNIFORMED MEMBER OF THE SERVICE CONCERNED 1. Submit the following to commanding officer: a. Search Warrant b. Search Warrant Affidavit, if available c. Typed Letterhead prepared by supervisor reviewing initial application as directed by P.G. 212-75, Search Warrant Applications." CAPTAIN OR ABOVE, UNIT COMMAND EXECUTING WARRANT 2. Ensure that the WARRANT TRACKING SYSTEM – PRE-WARRANT DATA ENTRY (PD374-143) has been prepared and FAXED to the Intelligence Bureau, Public Security Section for input into the centralized search warrant database; AND an Intelligence Data System (IDS) record number has been obtained. (See ADDITIONAL DATA section "Notification to Intelligence Bureau, Public Security Section" for special procedures and exceptions). a. Confirm receipt of WARRANT TRACKING SYSTEM – PRE-WARRANT DATA ENTRY by the Intelligence Bureau, Public Security Section. NOTE: The District Attorney's Office will NOT process a search warrant without a SAFETNet control number and an IDS record number. 3. Prior to execution, confirm that all information used to obtain the Search Warrant is still valid by ensuring that: a. Any confidential informants/civilian witnesses are re-interviewed. b. Target location is verified immediately prior to execution. c. Any other elements of probable cause contained in the Search Warrant Application are still valid. 4. Evaluate any circumstances that suggest the search warrant must be executed as soon as possible (e.g. a large cache of firearms or drugs is present and is about to be moved). 5. Notify Operations Unit of the following: a. The bureau/command responsible for securing and executing the warrant, and b. The time and location of the tactical meeting. c. IDS record number. 6. Make necessary notifications to commands and/or bureaus affected as outlined in ADDITIONAL DATA section, "Protocol For Executing Warrants Outside Of Command Of Origin". a. Document notifications in case folder. NOTE: Excluding exigent circumstances, the aforementioned notifications to the geographical bureaus/commands (Patrol, Housing, etc.) and functional investigative commands (Narcotics, Firearms Investigation Unit, etc.) affected will be made at least 24 hours prior to the tactical meeting. The exact location of the proposed search warrant execution will be revealed only on a need to know basis to ensure safety and to avoid compromising the pending operation. 7. Designate a member to prepare a SEARCH WARRANT PLAN PRE-EXECUTION (PD 374-150), commonly referred to as a "Tactical Plan." 8. Conduct a tactical plan briefing with all units concerned. a. Ensure that all members involved in the execution of the warrant are present. b. Review the warrant and ensure that all members understand its scope and any special instructions listed thereon. c. Carefully consider and inform participants of any conditions that may have changed since the warrant was issued. d. Designate the assignment of personnel, including search responsibilities, recording responsibilities, security, hospital auto, etc. e. Ensure that hazards and special considerations are discussed and thoroughly understood. f. Review the intended use of specialized tools and tactical devices g. If Emergency Service Unit personnel are to be utilized, detail their specific duties. NOTE: When use of a distraction device (e.g. flash bang) is contemplated, specific approval must be sought from the Chief of Department, through channels. h. Ensure firearms control i. Have members articulate their roles in the execution to be certain they understand their duties and responsibilities. EXECUTION OF THE WARRANT 9. Notify the patrol borough duty captain of the pending search warrant execution. 10. Personally supervise the execution of the search warrant according to the tactical plan, ensuring that: a. Entry team announces authority and purpose to occupant of premises unless the issuing judge endorsed warrant for "no-knock" execution b. Perpetrators are detained and contraband listed on warrant is seized. NOTE: When unusual circumstances are encountered during the execution of a search warrant (e.g., warrant executed at an incorrect location, etc.) an immediate notification will be made to the Chief of Department through the Operations Unit. Once the target premises has been rendered safe, access should be strictly limited only to the uniformed members designated as the search team. All other uniformed members should be excluded from the location. The member of the service executing the search warrant shall, when able to do so safely, show a copy of the search warrant to any of the occupants of the premises. Contraband or evidence not specified in the warrant may be seized pursuant to the "Plain View Doctrine" (see Legal Bulletins Vol. 13, No. 5 and Vol. 17, No. 6 for an explanation of the "Plain View Doctrine"). If a police officer is lawfully in a premises pursuant to a search warrant, such officer may seize contraband or evidence if: a. The incriminating nature of the seized item is immediately apparent, and b. The discovery of the item is inadvertent. 11. Obtain medical attention if necessary. 12. Have premises secured in compliance with P.G. 214-20, "Repair of Entrances Damaged During Forced Warrant Entry Into Wrong Premises or During an Entry Made During Exigent or Other Unusual Circumstances"). Make repairs as necessary (refer to "DAMAGED DOORS" in ADDITIONAL DATA). 13. Have before and after photos taken of premises to record any corrective action taken and final condition of the premises. 14. Notify the Operations Unit of results. UNIFORMED MEMBER OF THE SERVICE 15. Prepare PROPERTY CLERK INVOICE (PD521-141) for any property seized. 16. Prepare two detailed copies of Receipt for Property Taken Under Search Warrant (Court Form 155). a. Deliver one copy to occupant or leave in a conspicuous place if occupant is not present. b. File second copy with affidavit. 17. Prepare the required WARRANT TRACKING SYSTEM – POST-WARRANT DATA ENTRY (PD374-143A) form and submit to the Intelligence Bureau, Public Security Section via fax, no later than fifteen days after the date that the search warrant was issued. a. Confirm receipt of WARRANT TRACKING SYSTEM – POST- WARRANT DATA ENTRY form by the Intelligence Bureau, Public Security Section by telephone. NOTE: The WARRANT TRACKING SYSTEM – POST-WARRANT DATA ENTRY form will also be prepared for warrants that went unexecuted; and, it is required that the WARRANT TRACKING SYSTEM – POST-WARRANT DATA ENTRY form be faxed to the Public Security Section no later than fifteen days after the date that the search warrant was issued. Confirm receipt of the WARRANT TRACKING SYSTEM – POST-WARRANT DATA ENTRY form by the Intelligence Bureau, Public Security Section by telephone. 18. Return warrant and copy of PROPERTY CLERK INVOICE listing property seized, to issuing court, without unnecessary delay. 19. Prepare SEARCH WARRANT PLAN POST-EXECUTION (PD374-150A). ADDITIONAL DATA NOTIFICATIONS TO THE INTELLIGENCE BUREAU, PUBLIC SECURITY SECTION The notification to the Intelligence Bureau, Public Security Section shall apply to all units obtaining search warrants (Patrol Services, Detective Bureau, O.C.C.B., Joint Task Forces, etc.). However, should a specific legal concern arise with respect to entering search warrant information into the database, the member concerned shall confer with the Legal Bureau prior to contacting the Intelligence Bureau, Public Security Section. In the event the advice is provided by the Legal Bureau not to make data entry, such consultation shall be noted in the case file along with the specific basis for the advice, e.g., Grand Jury action. Additionally, in situations where a search warrant is based on extremely sensitive information, e.g. counterterrorism, internal investigations, etc., in order to exclude the search warrant from inclusion in the database, the member of the service must receive written permission from the Bureau Chief/Deputy Commissioner concerned. This documentation will be included in the case file. In instances where a member of this Department, assigned to specialized units including but not limited to a Joint Task Force or a District Attorney's Squad, may participate in the execution of a search warrant but not be an affiant to a search warrant application affidavit, such member is required to follow the contents of this procedure. If a member of this Department, assigned to a Joint Task Force, etc., is directed by a supervisor from another agency not to make the notifications required by this directive, such member shall immediately notify the Bureau Chief/Deputy Commissioner concerned. PROTOCOL FOR EXECUTING WARRANTS OUTSIDE OF COMMAND OF ORIGIN Whenever a unit from any bureau executes a search warrant, the precinct commander (and P.S.A. commander if a Housing Authority location is involved) having geographical jurisdiction where the warrant is being executed, must be notified at least 24 hours prior to the tactical briefing. Additionally, the patrol borough commanding officer/executive officer where the search warrant is being executed must be notified at least 24 hours prior to the tactical briefing. If warrant is to be executed by a Patrol Services Bureau command in another patrol borough, the approval of both borough Commanding Officers is necessary. In the event of a disagreement, the Chief of Patrol will make the final determination. When a command in any other bureau is applying for a search warrant to be executed in another jurisdictional borough, the executive officer/counterpart of that borough must be consulted with, e.g., Manhattan North Narcotics applying to execute a search warrant in the Bronx, the executive officer/counterpart of Manhattan North Narcotics will consult with the executive officer/counterpart of Bronx Narcotics. In all cases, specialized units such as the Narcotics Division, Firearms Investigation Unit, etc. will be conferred with prior to the execution of a warrant when the subject of the warrant falls within their functional jurisdictions. When a search warrant is executed by a unit outside its normal geographical area of responsibility, the command where the search warrant is being executed will provide liaison personnel to assist in the planning and execution of the search warrant. DAMAGED DOORS The commanding officer leading the warrant execution will ensure that any door damaged during the course of a warrant execution is secured/repaired prior to the release of the premises from police custody. This requirement applies to ALL search warrant entries, regardless of outcome. INVESTIGATIONS UNITS All Patrol Boroughs, Transit Bureau, Housing Bureau, Detective Bureau and Organized Crime Control Bureau will ensure their respective investigations units conduct periodic inspections of pre-operational tactical meetings to assess their adequacy and completeness. RELATED PROCEDURES Confidential Informants (P.G. 212-68) Repair of Entrances Damaged During Forced Warrant Entry Into Wrong Premises Or During An Entry Made During Exigent Or Other Unusual Circumstances (P.G. 214-20) Search Warrant Applications (P.G. 212-75) Search Warrant Post-Execution Critique (P.G. 212-106) FORMS AND REPORTS Search Warrant Plan Pre-Execution (PD 374-150) SEARCH WARRANT PLAN POST-EXECUTION (PD374-150A) WARRANT TRACKING SYSTEM – PRE-WARRANT DATA ENTRY (PD374-143) WARRANT TRACKING SYSTEM – POST-WARRANT DATA ENTRY (PD374-143A) PROPERTY CLERK INVOICE (PD521-141) Search Warrant Search Warrant Affidavit Typed Letterhead Receipt for Property Taken Under Search Warrant (Court Form 155) P.G. 212-106 Search Warrant Post-Execution Critique Date Effective: 08-01-13 PURPOSE To ensure a post warrant review and written critique are conducted after the execution of a search warrant. PROCEDURE Within five days of execution of a search warrant: CAPTAIN OR ABOVE, UNIT EXECUTING WARRANT 1. Review SEARCH WARRANT PLAN POST-EXECUTION (PD374-150A). 2. Prepare written critique on Typed Letterhead addressed to Chief of Department and include: a. Evaluation of tactical plan and methods used during entry. b. Problems encountered during execution. c. Persons arrested, including background information. d. Special hazards encountered. e. Damage incurred, and security/repairs provided. f. Detailed list of contraband and/or evidence seized. g. Date and time warrant was returned to issuing court. h. Any other pertinent information. 3. Forward written critique and a copy of the SEARCH WARRANT PLAN POST-EXECUTION to overhead command. 4. Ensure that a case folder of all paperwork (tactical plan, computer checks, arrest/aided information, post warrant critique, etc.) is maintained in a secure location. NOTE: For search warrants executed by the Internal Affairs Bureau, the required post-execution critique will be forwarded through channels to the Chief of Internal Affairs, and then directly to the Police Commissioner. OVERHEAD COMMAND 5. Review the critique and forward through channels to the Chief of Department. RELATED PROCEDURES Confidential Informants (P.G. 212-68) Repair of Entrances Damaged During Forced Warrant Entry into Wrong Premises or During an Entry made during Exigent or Other Unusual Circumstances (P.G. 214-20) Search Warrant Applications (P.G. 212-75) Search Warrant Execution (P.G. 212-105) FORMS AND REPORTS SEARCH WARRANT PLAN POST-EXECUTION (PD374-150A) Typed Letterhead P.G. 212-107 Secure Automated Fast Event Tracking Network (SAFETNet) Date Effective: 10-16-13 PURPOSE To standardize the procedure regarding notifications to the Secure Automated Fast Event Tracking Network (SAFETNet). DEFINITIONS SECURE AUTOMATED FAST EVENT TRACKING NETWORK (SAFETNet): This system was established to integrate enforcement efforts between various Department enforcement commands, as well as other law enforcement agencies within the City and State of New York. Formerly called U.D.E.C.S. (Unified Drug Enforcement Coordination System), the purpose of SAFETNet is to ensure the safety of law enforcement personnel and to prevent two or more agencies from simultaneously pursuing investigations against common subjects, by automatically recognizing and notifying investigators of conflicting interest in subjects, locations, telephone numbers, motor vehicle license plates, internet addresses, events and financial accounts. SAFETNet BUREAU COORDINATORS: Uniformed member of the service authorized by bureau chief/deputy commissioner concerned who is responsible to act as a liaison between investigators and the Intelligence Bureau, Public Security Section. In order to ensure integrity and maintain control of SAFETNet, bureau chiefs/deputy commissioners will only authorize the minimum amount of coordinators necessary to properly accommodate the operation on a twenty-four hour, seven days a week basis. Coordinators are designated only through the submission of Coordinator Registration Form (HIDTA) and subsequent approval of Commanding Officer, Public Security Section. INVESTIGATOR: Uniformed member of the service designated only through the submission of Requestor Registration Form (HIDTA) and subsequent approval of Commanding Officer, Public Security Section, who initiates investigative target into the SAFETNet system by submitting request forms to their respective coordinator. PRIMARY INVESTIGATOR: Uniformed member of the service who currently holds an active SAFETNet number for a specific target (i.e., person, address, vehicles, telephone, internet address, critical event and/or financial account). SECONDARY INVESTIGATOR: Uniformed member of the service who submits a Request Form (HIDTA) for a target which is actively held by the Primary Investigator. PROCEDURE When a notification and/or submission to SAFETNet is required: INVESTIGATOR 1. Submit SAFETNet Request Form (HIDTA) to SAFETNet bureau coordinator concerned with all the necessary information regarding the following: a. Narcotics and/or drug trafficking investigations b. Firearms investigations c. Money laundering investigations d. Insurance fraud investigations e. Confidential Informant Registration f. Any instance where a search warrant application is prepared g. Any active target investigation in which an undercover may be utilized h. Any investigation that may cross jurisdictional boundaries. NOTE: Jurisdictional boundaries, in this context, are defined two ways. First, in the traditional sense as occurring between law enforcement agencies at the federal, state, or local level. Secondly, in a narrower sense as occurring between NYPD bureaus, boroughs, divisions, precincts, and units. This second definition is intended to facilitate communication and cooperation between NYPD investigators to enhance investigative results and ensure investigator safety. SAFETNet submissions will be accepted for: a. Any identified person (at a minimum provide last name, first name and date of birth) (1) SAFETNet submissions should also include an identified person's Social Security number, NYSID #, and FBI # if known. These identifiers are a key identifier when available. b. Any business or residential location within the State or City of New York (apartment house, private house or business must be indicated) (1) Submissions for business locations must include full business name and street address (2) Submissions for any location must include the locality/ neighborhood, borough and zip code. (i.e., College Point, Queens 11356). c. Vehicle License Plate d. Telephone Number e. Internet Addresses f. Critical Events (money drop, undercover meeting, etc.,) g. Financial Account Numbers (account number type). SAFETNet submissions will expire after one year, with the exception of critical events, which will expire after twenty-four hours. For investigations under the purview of the Internal Affairs Bureau and the Deputy Commissioner, Counterterrorism, SAFETNet inquiries and/or conferrals with other units, commands, or agencies will be conducted in a manner prescribed by the Chief of Internal Affairs or Deputy Commissioner, Counterterrorism, as appropriate, so as not to compromise internal or sensitive investigations. SAFETNet BUREAU COORDINATOR 2. Obtain all required information and electronically enter the Request Form (HIDTA) data directly into the SAFETNet system. 3. Record information into the coordinator's Log, maintained by the command and provide investigator with control number. PUBLIC SECURITY SECTION 4. Monitor submissions made into the SAFETNet system. SAFETNet "NO HIT" 5. Forward SAFETNet printout containing SAFETNet number via fax to the SAFETNet bureau coordinator concerned and confirm receipt by telephone. NOTE: A SAFETNet number will be generated automatically for each submission made into the SAFETNet system. SAFETNet BUREAU COORDINATOR 6. Enter SAFETNet number into coordinator's Log under the appropriate control number. 7. Provide investigator with SAFETNet printout. SAFETNet "HIT" NOTE: When a SAFETNet bureau coordinator submits information for target information already under investigation, a "HIT" will occur. PUBLIC SECURITY SECTION 8. Notify via fax the primary investigator's and secondary investigator's SAFETNet bureau coordinators by way of a Match Notification/Resolution Form (HIDTA) and confirm receipt by telephone. SECONDARY INVESTIGATOR'S SAFETNet BUREAU COORDINATOR 9. Contact primary investigator's SAFETNet Bureau coordinator PRIOR to taking any action in connection with the target information submitted under this SAFETNet request. PRIMARY INVESTIGATOR'S SAFETNet BUREAU COORDINATOR 10. Contact primary investigator or if not available, investigator's supervisor/ commanding officer and advise him/her of request. 11. Forward direct or via fax the Match Notification/Resolution Form (HIDTA) to primary investigator or if not available, investigator's supervisor/commanding officer and confirm receipt by telephone. PRIMARY INVESTIGATOR/INVESTIGATOR'S SUPERVISOR/ COMMANDING OFFICER 12. Print name, Tax Number and sign the Match Notification/Resolution Form (HIDTA) if agreeing to allow a joint operation and/or no longer pursuing the target. 13. Forward direct or via fax signed copy of the Match Notification/Resolution Form (HIDTA) to primary investigator's SAFETNet bureau coordinator and confirm receipt by telephone. 14. Notify primary investigator's SAFETNet bureau coordinator if request is denied. PRIMARY INVESTIGATOR'S SAFETNet BUREAU COORDINATOR 15. Forward via fax signed copy of the Match Notification/Resolution Form (HIDTA) to both the Public Security Section and the secondary investigator's SAFETNet bureau coordinator and confirm receipt by telephone. 16. Notify secondary investigator's SAFETNet bureau coordinator if request to sign over target was denied. SECONDARY INVESTIGATOR'S SAFETNet BUREAU COORDINATOR 17. Provide secondary investigator with signed copy of the Match Notification/ Resolution Form (HIDTA). 18. Notify secondary investigator if request to sign over target was denied. PUBLIC SECURITY SECTION 19. Clear conflict once signed copy of the Match Notification/Resolution Form (HIDTA) is received. 20. Forward via fax a printout of the cleared SAFETNet to the secondary investigator's SAFETNet bureau coordinator and confirm receipt by telephone. SECONDARY INVESTIGATOR'S SAFETNet BUREAU COORDINATOR 21. Provide copy of cleared SAFETNet printout to investigator. ADDITIONAL DATA Only authorized, active SAFETNet bureau coordinators are authorized to make submissions. Anyone other than SAFETNet bureau coordinators DO NOT have the authority to notify the Public Security Section independently. SAFETNet Bureau coordinators are responsible for forwarding information to investigators in a timely manner. If the primary investigator is transferred, promoted, retires, etc., a Typed Letterhead addressed to the Commanding Officer, Public Security Section will be completed by the member's commanding officer, documenting the status of the original primary investigator and the assignment of a new primary investigator. Each bureau will develop a self-inspection program designed to ensure the accuracy and propriety of SAFETNet inquiries submitted by their members. Additionally, the Intelligence Bureau will regularly audit the system and forward a sampling of inquiries, based upon established criteria, to the submitting bureau for review and verification. RELATED PROCEDURES Search Warrant Applications (P.G. 212-75) Confidential Informants (P.G. 212-68) FORMS AND REPORTS Typed Letterhead Coordinator Registration Form (HIDTA) Match Notification/Resolution Form (HIDTA) Request Form (HIDTA) Requestor Registration Form (HIDTA) P.G. 212-108 Notifications To The Intelligence Bureau Pursuant To Alerts Transmitted From The National Crime Information Center (NCIC) Date Effective: 10-16-13 PURPOSE To ensure that the Intelligence Bureau is notified of any contact made by members of the service with individuals contained in the National Crime Information Center (NCIC) Violent Gang and Terrorist Organization File (VGTOF). DEFINITIONS VIOLENT GANG AND TERRORIST ORGANIZATION FILE (VGTOF) – a compilation of federal terrorist watch lists contained within the NCIC database. Brief descriptions of the potential VGTOF positive "hit" handling codes used by the NCIC are as follows: HANDLING CODE 1 – ARREST – "WARNING – APPROACH WITH CAUTION. ARREST THIS INDIVIDUAL. THIS INDIVIDUAL IS ASSOCIATED WITH TERRORISM." This individual is the subject of a formal indictment or criminal charge and a warrant has been issued. HANDLING CODE 2 – DETAIN – "WARNING – APPROACH WITH CAUTION. PLEASE DETAIN THIS INDIVIDUAL FOR A REASONABLE AMOUNT OF TIME FOR QUESTIONING. THIS INDIVIDUAL IS OF INVESTIGATIVE INTEREST TO LAW ENFORCEMENT REGARDING ASSOCIATION WITH TERRORISM." This individual is the subject of an active investigation and "reasonable suspicion" exists to detain this individual. HANDLING CODE 3 – INVESTIGATION – DO NOT ALERT THIS INDIVIDUAL TO THIS NOTICE. "WARNING – APPROACH WITH CAUTION. THE PERSON QUERIED THROUGH THIS SEARCH MAY BE AN INDIVIDUAL IDENTIFIED BY INTELLIGENCE INFORMATION AS HAVING POSSIBLE TIES WITH TERRORISM." HANDLING CODE 4 – INFORMATION GATHERING – DO NOT ALERT THIS INDIVIDUAL TO THIS NOTICE. "WARNING – APPROACH WITH CAUTION. THE PERSON QUERIED THROUGH THIS SEARCH MAY BE AN INDIVIDUAL IDENTIFIED BY INTELLIGENCE INFORMATION AS HAVING POSSIBLE TIES WITH TERRORISM." NO HIT – If NCIC file checks come back NEGATIVE and the police officer still believes that this incident or investigation is terrorism related, the police officer will immediately contact the Intelligence Bureau – Criminal Intelligence Section supervisor for further checks, instruction and access to the Federal Bureau of Investigation (FBI) Counter Terrorism Watch (CTW) through existing protocols. NOTE: There may be cases in which the FBI is unable to confirm at the time of inquiry whether or not the subject of the query / hit may have possible ties to terrorism. DO NOT ARREST THIS INDIVIDUAL unless there is probable cause to believe that a federal, state or local law has been violated. Provide all relevant information to the Intelligence Bureau – Criminal Intelligence Section supervisor and comply with the instructions provided. PROCEDURE When a member of the service makes a computerized query (FINEST, WINQ, NYSPIN, etc.) of a person or vehicle registration for an official law enforcement purpose (e.g. arrest, warrant check, driver's license/motor vehicle check, summons, etc.) and receives a response from NCIC that the individual that they have queried matches data contained in NCIC/VGTOF files, in addition to other required actions, will comply with the following: QUERIES CONDUCTED THROUGH THE COMMUNICATIONS DIVISION RADIO DISPATCHER 1. Conduct query and read the NCIC/VGTOF hit information verbatim to the requesting member of the service in the field. 2. In all cases of terrorism alerts/hits received from NCIC/VGTOF, immediately notify the patrol supervisor concerned of the handling codes and their accompanying instructions. 3. Direct the involved member of the service to make an immediate notification to the Intelligence Bureau, Criminal Intelligence Section supervisor. MEMBER OF THE SERVICE 4. Verify the identity of the involved individual and confirm that he/she is in fact the same individual listed in the NCIC/VGTOF terrorism files. 5. Comply with the instructions contained in the NCIC/VGTOF handling codes provided by the Communications Division dispatcher. NOTE: If conducting query via radio dispatcher, to enhance MOS safety, take steps to ensure subject of inquiry cannot ascertain results transmitted by dispatcher. 6. Immediately notify the Intelligence Bureau, Criminal Intelligence Section supervisor and comply with the instructions provided. 7. Request the response of the patrol supervisor. 8. Notify the desk officer, precinct of occurrence. PATROL SUPERVISOR 9. Confirm the identity of the individual in question and take appropriate action as indicated in the applicable NCIC/VGTOF instructions. 10. Immediately notify the Intelligence Bureau, Criminal Intelligence Section supervisor for further checks and instruction. DESK OFFICER 11. Ensure that an immediate notification is made to the Intelligence Bureau, Criminal Intelligence Section supervisor. INTELLIGENCE BUREAU CRIMINAL INTELLIGENCE SECTION SUPERVISOR 12. Obtain all relevant information. 13. Have Intelligence Bureau investigative personnel notified and immediately respond. 14. Have pertinent information entered into the Intelligence Data System. 15. Notify the local FBI/Joint Terrorist Task Force (JTTF) and other authorities of incident, as appropriate. QUERIES CONDUCTED BY MEMBERS OF THE SERVICE IN THE STATIONHOUSE MEMBER OF THE SERVICE 16. Verify the identity of the involved individual and confirm that he/she is in fact the same individual listed in the NCIC/VGTOF terrorism files. 17. Comply with the instructions received in the NCIC/VGTOF handling codes received in the reply from NCIC. 18. Immediately notify the Intelligence Bureau, Criminal Intelligence Section supervisor and comply with the instructions provided. 19. Notify the desk officer, precinct of occurrence. DESK OFFICER 20. Confirm the identity of the individual in question and take appropriate action as indicated in the applicable NCIC/VGTOF instructions. 21. Immediately notify the Intelligence Bureau, Criminal Intelligence Section supervisor at for further checks and instruction. INTELLIGENCE BUREAU CRIMINAL INTELLIGENCE SECTION SUPERVISOR 22. Obtain all relevant information. 23. Have Intelligence Bureau investigative personnel notified and immediately respond. 24. Have pertinent information entered into the Intelligence Data System. 25. Notify the local FBI/JTTF and other authorities of incident, as appropriate. ADDITIONAL DATA Department form entitled "POSSIBLE INDICATORS OF TERRORIST ACTIVITY" (PD 378-111) has been revised to include information contained in this procedure. This Activity Log insert is to be maintained by each uniformed member of the service below the rank of Captain and is to be kept in every RMP for immediate reference. RELATED PROCEDURES Required Firearms/Equipment (P.G. 204-09) Arrests – License Checks, Warrant Name Checks and Notifications to the Organized Crime Bureau Field Operations Desk (P.G. 208-21) Notifications in Certain Arrest Situations (P.G. 208-69) Processing Warrant Checks Over Citywide I and II Radio (P.G. 209-25) FORMS AND REPORTS POSSIBLE INDICATORS OF TERRORIST ACTIVITY (PD 378-111) P.G. 212-109 Alcohol Testing For Uniformed Members Of The Service Involved In Firearms Discharges Resulting In Injury To Or Death Of A Person Date Effective: 08-01-13 PURPOSE To ensure the highest levels of integrity at the scene of police involved firearms discharges which result in injury to or death of a person, on or off duty, within New York City. PROCEDURE When involved in, or responding to the scene of a police involved firearms discharge which results in injury to or death of a person, on or off duty, within New York City: UNIFORMED MEMBER OF THE SERVICE 1. Request immediate response of patrol supervisor. 2. Comply with the provisions of P.G. 212-29, "Firearms Discharge by Uniformed Members of the Service." PATROL SUPERVISOR 3. Notify Operations Unit of shooting, immediately, and request response of Internal Affairs Duty Captain, Internal Affairs personnel and the Patrol Services Bureau Duty Inspector and Duty Captain. DUTY CAPTAIN/ INSPECTOR 4. Inform uniformed member(s) of the service who discharged their firearm that they will be subject to alcohol testing. 5. Ensure involved member(s) of the service remain on the scene when feasible and consistent with safety (i.e., hospitalization not immediately required); pending arrival of Internal Affairs Bureau personnel assigned to administer alcohol test. 6. Notify IAB Command Center of location of involved member(s) of the service if they are removed from location of firearms discharge. IAB COMMAND CENTER 7. Notify assigned IAB personnel and the IAB Duty Captain of any pertinent information including any change of location of involved member(s) of the service. INTERNAL AFFAIRS BUREAU DUTY CAPTAIN 8. Respond to location and confer with Duty Captain/Inspector on scene. 9. Advise the subject member that he or she may be tested by a number of different means, such as the PBT device and the Intoxilyzer. 10. Conduct alcohol test, using a PBT (portable breathalyzer test) device in a private setting, on uniformed member(s) of the service who discharged a firearm. a. Conduct the testing process in a private setting (e.g., Nearest Department facility, Department auto being used by the supervisor concerned) in a dignified, respectful fashion. 11. If the reading on the PBT device is less than .08, no further testing is required at this time. 12. If the reading on the PBT device is .08 or greater, which according to Section 1192 of the Vehicle and Traffic Law of the State of New York is indicative of intoxication, immediately notify Highway I.D.T.U. to respond to the IAB testing location to test the subject member using the Intoxilyzer that is maintained at the IAB facility. (It should be emphasized that the Intoxilyzer test at the IAB facility will be conducted by an I.D.T.U. technician.) a. Member(s) involved will be transported to the IAB testing facility by IAB personnel. b. A Highway District supervisor must be present during all phases of the testing procedure. 13. In the event that alternate arrangements must be made, the Intoxilyzer test will be conducted at the closest I.D.T.U. facility. a. Member(s) involved will be transported to the I.D.T.U. testing facility by I.A.B. personnel. b. A Highway District supervisor must be present during all phases of the testing procedure. NOTE: The I.D.T.U technician will utilize a specially developed form entitled Ordered Breath Test Instruction Sheet to interview the subject member(s), and a specially developed checklist entitled Intoxilyzer Operational Checklist to conduct the test. The entire Intoxilyzer testing process, including the reading of the test results, will be videotaped by another member of the Highway District. In cases where there is an Intoxilyzer reading of .08 or greater, a copy of the videotape will be provided to the I.A.B. Duty Captain concerned, who will follow all applicable Departmental procedures to safeguard the tape for evidentiary purposes. 14. In order to determine fitness for duty, record and then take into account the Intoxilyzer reading, the PBT reading, and any other related indicia of intoxication, as indicated in Appendix "A". a. If the member is apparently unfit for duty, be guided by the procedures contained in P.G. 206-12, "Removal of Firearms from Intoxicated Uniformed Member of the Service" and other appropriate Department procedures. NOTE: If the subject member is determined to be unfit for duty, the IAB Command Center will be notified and a log number will be obtained. ADDITIONAL DATA Members of the service are reminded of the contents of Patrol Guide procedures 203-04, "Fitness For Duty" and 204-08, "Firearms - General Regulations" as they relate to the use of alcohol and the possession of firearms while off duty. Members should be aware that it would be prudent not to ingest alcoholic beverages up to four hours prior to the commencement of their tour of duty. Members of the service performing duty in an undercover capacity are reminded that it is best to avoid consuming alcoholic beverages while on duty. However, the Department recognizes that depending on the nature of the operation such consumption may be appropriate and necessary. Members are advised that no more than two alcoholic beverages may be consumed during a tour of duty, absent exigent circumstances related to the safety of the undercover or to the need not to compromise the undercover's assignment. Such circumstances will be evaluated on a case-by-case basis. RELATED PROCEDURES Firearms Discharge by Uniformed Members of the Service (P.G. 212-29) Removal of Firearms from Intoxicated Uniformed Member of the Service (P.G. 206-12) APPENDIX "A" INDICIA OF INTOXICATION Face to face observation and interaction with the subject member allows the supervisor concerned to use his or her senses to obtain "evidence" of alcohol intoxication: * The sense of sight * The sense of hearing * The sense of smell SIGHT * Bloodshot eyes * Flushed face * Soiled, mussed, disarrayed clothing * Fumbling (e.g., dropping paperwork, keys etc.) * The presence of alcohol containers * Physical coordination (e.g., swaying, staggering, unsteady, falling, wobbling, sagging knees, using a wall or furniture as a prop) * Unusual actions (e.g., hiccupping, belching, vomiting, fighting, sleepy, urinating) HEARING * * * * * * * Slurred speech Admission of drinking Inconsistent responses Incoherent Abusive language, profanity Antagonistic Unusual statements SMELL * Odor of alcohol on breath * "Cover Up" odors (e.g., breath spray, mints) * Open alcoholic beverages * Unusual odors NOTE:: These traits are illustrative; this is not meant to be a complete list of indicia. P.G. 212-110 Communications Between The Intelligence Bureau And Units In The Field Regarding Suspected Terrorists Activity Date Effective: 10-16-13 PURPOSE To provide a means whereby members of the service in the field can communicate with the Intelligence Bureau, enabling them to receive timely information concerning individuals stopped who may have links to terrorism. PROCEDURE When a uniformed member of the service has a suspect stopped and develops information that may indicate that the subject is connected to terrorism, they will comply with the following: UNIFORMED MEMBERS OF THE SERVICE 1. Take necessary precautions to protect public and personal safety. 2. Notify the Intelligence Bureau, Criminal Intelligence Section via the Mobile Digital Terminal (MDT) or the Mobile Digital Computer (MDC). a. If assigned to foot patrol or to a vehicle not equipped with a MDT/MDC, request response of an available vehicle equipped with a MDT/MDC. 3. Address the message to "INTEL" using the "Administrative Message" format. Type in the subject's name, date of birth, and any other identifying information. The inquiry must include specific reason(s) for suspecting the person stopped of a possible connection to terrorism. The Criminal Intelligence Section will not accept any requests without such detailed information. For example: a. "To/Intel/BSTF RMP 1234 is holding John Q. Public, DOB 1/1/1919, driving a green 1999 Ford, NY license plate #ABC-123, for a traffic violation at Avenue X and 19th Street. Subject has a large sum of USC and a complete airline pilot's uniform. Subject can give no legitimate reason for possessing either. Please check for any information Intelligence has on this subject." NOTE: When the MDT/MDC is inoperable or out of service for more than twenty minutes, telephone inquiries should be made direct to the Intelligence Bureau's, Criminal Intelligence Section. Civilian members of the service who are authorized to conduct car stops and/or truck inspections, and who develop information during such a stop or inspection indicating that the person stopped may be connected to terrorist related activity, will request that a uniformed member of the service respond to the scene. Once the uniformed member of the service has arrived at the scene, he/she will then assume responsibility for the situation, and will notify the Intelligence Bureau, Criminal Intelligence Section via the MDT/MDC, and comply with the provisions of this order. MOS ASSIGNED, INTELLIGENCE BUREAU 4. Acknowledge receipt of request via MDT/MDC. 5. Review inquiry and the reason(s) the requesting uniformed member of service suspects the subject may have a connection to terrorism. NOTE: If necessary, direct the requesting uniformed member of service via the MDT/MDC to call (646) 805-6000 to clarify the reason(s) for the request. Provide the uniformed member of service with your rank/name when doing so, and have him/her ask for you when calling. 6. Conduct search of subject's name, vehicle, etc. in appropriate federal, state, and local databases. 7. Notify requesting uniformed member of the service of findings as soon as possible. a. Immediately notify requesting uniformed member of the service if subject is wanted for arrest by any law enforcement agency. b. Notify requesting uniformed member of the service, if unable to conduct complete search within a reasonable time (15 - 20 minutes). UNIFORMED MEMBER OF THE SERVICE 8. Confirm information received from the Intelligence Bureau, via the MDT/MDC. 9. Arrest subject, if notified by Intelligence Bureau, Criminal Intelligence Section that subject is wanted and request patrol supervisor to respond. PATROL SUPERVISOR 10. Respond to scene, if required. 11. Ascertain details and notify desk officer. 12. Request Field Intelligence Officer to respond to scene, if necessary. a. If unavailable have precinct detective squad respond. ARREST SITUATION: DESK OFFICER, PRECINCT / PSA/ TRANSIT DISTRICT OF ARREST 13. Detain prisoner for debriefing by the Field Intelligence Officer (if on duty), and/or other investigative unit as directed. 14. Notify the following: a. Commanding Officer/Duty Captain. b. Operations Unit. c. Patrol Borough. d. Transit Bureau Wheel/Housing Bureau Wheel/Detective Bureau Wheel, if appropriate. MOS ASSIGNED, INTELLIGENCE BUREAU 15. Prepare a printout of all inquiries and findings made as a result of the member's request. 16. File original at Criminal Intelligence Section, and forward a copy to the arresting officer. 17. Notify Criminal Intelligence Section Supervisor of request and results. NOTE: The Criminal Intelligence Section Supervisor will notify the appropriate ranking officer(s) in the Intelligence Bureau of any unusual findings, arrests, etc. NON-ARREST SITUATION: UNIFORMED MEMBER OF THE SERVICE 18. Release subject, after issuing summons, warning, and/or preparing a STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A), as well as any other required reports, if subject is not wanted (or if notified by the Criminal Intelligence Section that a complete check cannot be done in a reasonable amount of time), and there is no other reason to detain the subject. 19. Notify Desk Officer and provide details of incident. IN ALL CASES (ARREST AND NON-ARREST): 20. Advise the Criminal Intelligence Section of the disposition of the stop via the Mobile Digital Terminal/Mobile Digital Computer. 21. Enter details of incident in ACTIVITY LOG (PD112-145). 22. Submit appropriate reports, summonses, and other forms, etc., to desk officer for processing. DESK OFFICER, PRECINCT/ PSA/ TRANSIT DISTRICT CONCERNED 23. Notify the Borough/Bureau Counterterrorism Coordinator. 24. Notify the applicable Patrol Borough, Housing Bureau, Transit Bureau, or Detective Bureau wheel. 25. Ensure that copies of all reports, summonses, and other forms prepared are forwarded via Department mail to: Commanding Officer, Criminal Intelligence Section, Intelligence Bureau. COMMANDING OFFICER, CRIMINAL INTELLIGENCE SECTION 26. Review all requests made under this procedure daily. a. Ensure that the requesting uniformed member of the service has, in every case, been notified of the results of his/her inquiry. 27. Ensure that a record of all requests is maintained at the Criminal Intelligence Section. 28. Ensure that requesting uniformed member of the service has forwarded a copy of all reports, summonses, and other forms prepared in connection with their request. 29. Ensure that all related reports/summonses, etc., are filed with the original request. ADDITIONAL DATA Uniformed members of the service are reminded that they MUST follow all federal, state, and local laws, as well as Department regulations, whenever they stop a person for investigation or summons. Members of this Department will NEVER base a stop or other enforcement action solely on an individual's race, perceived ethnicity, appearance, etc. Civilian members of the service also have an important role in obtaining information and intelligence. Should they become aware of such information in the course of their duties or while off-duty, the civilian member should relay his/her observations, suspicions, and other information to the Intelligence Bureau by following the guidelines outlined in P.G. 212-12, "Citywide Intelligence Reporting System." In all cases, other than terrorist activity, uniformed member of the service will process routine name checks, warrant checks and other inquiries through the Communications Division. If uniformed member of the service already has a suspect under arrest and suspects him/her of terrorist-related activity, they will not use the MDT/MDC to make inquiries of the Criminal Intelligence Section. Under such circumstances, requests will be made by landline to the Intelligence Bureau, Criminal Intelligence Section. Arresting officer(s) must call from the precinct or other Department facility where they are processing the arrest. RELATED PROCEDURES Citywide Intelligence Reporting System (P.G. 212-12) FORMS AND REPORTS ACTIVITY LOG (PD112-145) STOP, QUESTION AND FRISK REPORT WORKSHEET (PD344-151A) P.G. 212-111 "U" Visa Certification Date Effective: 08-01-13 PURPOSE To review a request to certify a U Nonimmigrant Status Certification (United States Department of Homeland Security Form I-918, Supplemental B). NOTE: The New York City Police Department does not issue "U" Visas; it only certifies that a crime victim meets the eligibility requirements, pursuant to our guidelines. Jurisdiction over all petitions for "U" Visas rests with the United States Citizenship and Immigration Services (USCIS). PROCEDURE When a person submits a U Nonimmigrant Status Certification (United States Department of Homeland Security Form I-918, Supplemental B) requesting a "U" Visa certification from this Department , the following procedure shall be complied with: UNIFORMED MEMBER OF THE SERVICE 1. Notify and forward U Nonimmigrant Status Certification request immediately to Chief of Department (DIRECT). CHIEF OF DEPARTMENT 2. Review U Nonimmigrant Status Certification request and conduct inquiry. 3. Prepare report on Typed Letterhead, include recommendation and forward with U Nonimmigrant Status Certification to the Office of the Police Commissioner, within five business days. a. Maintain a file of all U Nonimmigrant Status Certification requests received. OFFICE OF THE POLICE COMMISSIONER 4. Review request and forward original U Nonimmigrant Status Certification and Typed Letterhead, with determination, to the Chief of Department. CHIEF OF DEPARTMENT 5. Ensure that original approved U Nonimmigrant Status Certification (i.e., signed by the Police Commissioner) is delivered to applicant for subsequent forwarding to the United States Citizenship and Immigration Services (USCIS) or advise applicant that the Department has denied the U Nonimmigrant Status Certification request. ADDITIONAL DATA Public inquires regarding "U Nonimmigrant Status Certification" (i.e., forms, requirements, status of application, etc.) should be referred to the United States Citizenship and Immigration Services (USCIS), National Customer Service. All members of the service are reminded to be aware of, and conform with, New York City's policy regarding immigrants as delineated in P.G. 212-66, " Mayor's Executive Order No's 34 & 41, City Policy Concerning Confidential Information and Immigrant Access to City Services." RELATED PROCEDURES Mayor's Executive Orders No.'s 34 & 41, City Policy Concerning Confidential Information and Immigrant Access to City Services (P.G. 212-66) FORMS AND REPORTS Typed Letterhead "U Nonimmigrant Status Certification" (United States Department of Homeland Security Form I-918, Supplemental B) P.G. 212-112 Operation Safe Store Date Effective: 08-01-13 PURPOSE To combat robbery/violent crime in grocery stores/bodegas. PROCEDURE Upon notification that a grocery store/bodega within a command has been included in "Operation Safe Store" or when an incident occurs at a current "Operation Safe Store" location: PRECINCT COMMANDING OFFICER CONCERNED 1. Review/create response plans to robberies or other serious incidents at the selected locations. a. Revised plans will be submitted to the Office of the Chief of Patrol. 2. Assign special operations lieutenant as Operation Safe Store Coordinator for the precinct. 3. Direct precinct crime prevention officer to visit selected stores on a bi-weekly basis and prepare OPERATION SAFE STORE BI-WEEKLY INSPECTION REPORT (PD 510-151). a. Crime prevention officer will conduct a test of the alarm system during visit to ensure system is operational. The crime prevention officer will record sprint job # on OPERATION SAFE STORE BI-WEEKLY INSPECTION REPORT. 4. Review BI-WEEKLY REPORT, endorse and forward to Commanding Officer, Technical Assistance Response Unit (T.A.R.U.). a. Maintain copies of all communications involving "Operation Safe Store" in a folder at the command. NOTE: Borough and precinct commanders will continue to prepare "Small Grocery, Deli and Bodega Robbery Report" and forward same with weekly COMPSTAT reports. 5. Notify Chief of Department, Chief of Patrol, Patrol Borough concerned, Office of Management Analysis and Planning, and T.A.R.U. if program location closes, moves, changes store type, or if any other activity/incident occurs at location that precludes continuation in the program (i.e. false report, crime committed by store owner, etc.). a. Store should not be removed from the Operation Safe Store Program without written approval from the Chief of Department. COMMANDING OFFICER, T.A.R.U. 6. Coordinate repair of alarm/video systems in selected stores with vendor and precinct commander concerned. 7. Review BI-WEEKLY REPORTS submitted by precinct crime prevention officers for accuracy and completeness. 8. Contact vendor when necessary for repairs, etc. in subject stores, if required. WHEN AN INCIDENT OCCURS AT AN "OPERATION SAFE STORE" LOCATION: COMMUNICATIONS SECTION 911 OPERATOR 9. Designate calls for service to a designated "Operation Safe Store" location as a "Priority 2" assignment. COMMUNICATIONS SECTION DISPATCHER 10. Notify responding units that location is a designated "Operation Safe Store" location. MEMBER OF THE SERVICE 11. Request response of patrol supervisor when responding to incident at location designated under "Operation Safe Store." PATROL SUPERVISOR 12. Direct preparation of COMPLAINT REPORT WORKSHEET (PD313-152A). 13. Request response of precinct squad/nightwatch and detective bureau duty captain to confirmed reports of serious crimes, e.g. shootings, robberies, etc., at "Operation Safe Store" locations. 14. Request immediate response of T.A.R.U. to retrieve videotape or digital images from recorders on the premises. a. T.A.R.U. will respond to all crimes at Operation Safe Store locations where video tape may be of value. MOS ASSIGNED TO TARU 15. Respond to location and retrieve videotape/digital images from recorders on premises and forward to investigators on scene. a. Record rank, name, shield number and command of person taking control of video evidence b. Ensure that equipment on premises is in good working order c. Replace videotape, etc. before leaving premises d. Provide additional copies of video tape/digital images to Office of Management Analysis and Planning (OMAP) and Central Robbery Squad. MEMBER OF THE SERVICE 16. Prepare COMPLAINT REPORT WORKSHEET. a. When preparing COMPLAINT REPORT WORKSHEETS regarding incidents at "Operation Safe Store" locations, members concerned MUST check off "Grocery/Bodega" under the "Premises Type" caption. 17. Ensure the following is listed in the "Details" section of the COMPLAINT REPORT WORKSHEET: a. Location is a participant in "Operation Safe Store" b. Whether or not evidence was retrieved. 18. Ensure the following persons are listed in "Notifications" captions on COMPLAINT REPORT WORKSHEET: a. Patrol supervisor who responded to location (name of supervisor) b. Precinct detective squad member who responded to location (name of investigator) c. Detective Bureau Duty Captain who responded to location d. Name of T.A.R.U. MOS who responded to retrieve evidence. 19. Voucher evidence obtained at location on PROPERTY CLERK INVOICE (PD521-141). a. Include invoice number on COMPLAINT REPORT WORKSHEET. PRECINCT DETECTIVE SQUAD 20. Respond to all serious occurrences at "Operation Safe Store" locations regardless of whether incident may be part of a pattern or not. NOTE: When preparing a COMPLAINT FOLLOW-UP (PD313-081), detectives MUST state whether equipment in participating store was operational and whether evidence retrieved at the location was of any value. PATROL SUPERVISOR 21. Prepare an UNUSUAL OCCURRENCE REPORT (PD 370-152) with details of the incident and forward to: a. Chief of Department b. Chief of Patrol c. Chief of Detectives d. Deputy Commissioner, Operations e. Office of Management Analysis and Planning f. Central Robbery Squad g. TARU h. Patrol Borough Command concerned. ADDITIONAL DATA When future stores are added to the program, commanding officers of precincts where new stores are located will: a. Visit location concerned and review program with store owner concerned b. Have store owner prepare and sign OPERATION SAFE STORE - ACKNOWLEDGEMENT OF INSTALLATION/RESPONSIBILITIES (PD 510-011) c. Countersign report. FORMS AND REPORTS OPERATION SAFE STORE BI-WEEKLY INSPECTION REPORT (PD510-151) COMPLAINT REPORT WORKSHEET (PD313-152A) PROPERTY CLERK INVOICE (PD521-141) COMPLAINT FOLLOW-UP (PD313-081) UNUSUAL OCCURRENCE REPORT (PD370-152) OPERATION SAFE STORE - ACKNOWLEDGEMENT OF INSTALLATION/ RESPONSIBILITIES (PD510-011) APPENDIX "A" OPERATION SAFE STORE LOCATIONS PATROL BORO PBMS PBMS PBMS PBMN PBMN PBBX PBBX PBBX PBBX PBBX PBBX PBBX PBBS PBBS PBBS PBBS PBBN PBBN PBBN PBBN PBBN PBBN PBBN PBBN PBQS PBQS PBQS PBQN PBQN PBQN PBQN PBSI PBSI ADDRESS 15 Stanton St 139 E 12th St 201 2nd Ave 101 Edgecombe Av 2278 7th Ave 910 Prospect Ave 1408 Fulton St 1570 WhitePlains Rd 1206 Elder Ave 3401 Olinville Av 788 E 214 St 169 E 205 St 5124 Clarendon Rd 1044 Winthrop St 5605 Clarendon Rd 2920 Ave I 417 Saratoga Av 835 Pennsylvania Av 790 Nostrand Ave 1017 Bedford Ave 73 Decatur St 144 Lewis Ave 613 Madison St 455 Evergreen Av 101-05 Lefferts Blvd 87-74 168th St 147-07 Guy R Brewer Blvd 65-25 Queens Blvd 208-02 48 Ave 32-61 Francis Lewis Blvd 23-27 30 Ave 1410 Richmond Terrace 164 Victory Blvd PCT 5 9 9 32 32 41 42 43 43 47 47 52 67 67 67 70 73 75 77 79 79 81 81 83 102 103 105 108 111 111 114 120 120 PHASE 2 2 2 1 2 2 2 2 2 2 2 1 1 2 2 2 1 1 1 1 2 2 2 2 2 2 1 2 2 2 1 2 2 STORE NAME Tavarez Grocery News at 12 Grocery Union Square One Stop 101 Edgecombe Deli S & M Deli Corp Gabi Deli/Grocery MJ Super Deli Mikey’s Deli & Grocery Elder Grocery Kids Fantasy Deli Big Brothers Family Grocery Deli Melo Grocery El Portal Grocery Nashal Food Crop Harry Deli & Grocery Colombo Mini Market All American Hero Express Deli Grocery JNM Grocery Al’s Grocery Borbon Grocery D & C Rodriguez Food Center Quick Stop Grocery ABDO Grocery Airport Deli 65 Place Grocery ABC Convenience Store FLB Gourmet Deli DIPA Mini-Market Alex Deli Staten Convienent Market P.G. 212-113 Response To Two Alarm Fires Date Effective: 05-28-14 Revoked by I.O. 12 Issued 05-28-14 See P.G. 212-58 Fire P.G. 212-114 Authorization/Notification Regarding Department Ceremonies Date Effective: 08-01-13 PURPOSE To initiate timely notification to the Ceremonial Unit to ensure appropriate Department participation in ceremonies and eliminate scheduling conflicts. PROCEDURE When a Department unit is requesting permission to host a ceremony or when a member of the service becomes aware of a ceremony being coordinated by a private organization to honor a member of the service (e.g., Street Renaming Dedication Ceremony). UNIT COMMANDER/MEMBER CONCERNED 1. Prepare a Typed Letterhead outlining the particulars of the event, at least thirty days prior to the event, when possible, and forward through channels to the Ceremonial Unit, Police Academy, Room 761. NOTE: To ensure that the Ceremonial Unit is apprised of the event in a timely fashion, immediately fax a copy of the report/request directly to (212) 477-7631. A sample of the Typed Letterhead has been included in the Additional Data statement. CEREMONIAL UNIT PERSONNEL 2. Review the report/request and determine if any scheduling conflicts exist. 3. Forward report/request, with recommendations, to Commanding Officer, Police Commissioner's Office for final approval. COMMANDING OFFICER, POLICE COMMISSIONER'S OFFICE 4. Review report/request and notify Ceremonial Unit if the request has been approved or disapproved. CEREMONIAL UNIT PERSONNEL 5. Notify command concerned of Department's decision regarding the event. 6. Coordinate Department resources regarding all approved events. ADDITIONAL DATA No Department unit is authorized to participate or host any ceremony prior to obtaining approval. No additional Department resources, other than those approved, will participate in the event. Commanders will make every effort to ensure that their commands remain operational during the ceremony. Indicate in the Typed Letterhead if the unit will remain operational during the ceremony and if it will be staffed with command personnel or by personnel from outside commands (i.e., Task Force) The Typed Letterhead should provide an overview of the command resources participating in the event as follows: a. Include the number of members attending the event, how many will be in uniform or civilian clothes and how many will be on or off-duty. b. Indicate if the ceremony is an annual or one time event and the type of Department resources the command requests to participate in the ceremony (i.e., Chaplain, bugler, helicopter, etc.). c. Address issues such as, alternate dates, alternate site if inclement weather, etc. and provide a guest list and contact person. To enable as many family members and friends of the honoree to attend the event, every effort will be made to schedule the event on a weekend. Commanders must articulate the reason why the event is not scheduled on a weekend in their Typed Letterhead. Sample Typed Letterhead 002 Precinct #100-2005 POLICE DEPARTMENT CITY OF NEW YORK May 15, 2005 From: Commanding Officer, 002 Precinct To: Commanding Officer, Ceremonial Unit (Through Cannels) Subject: REQUEST AUTHORIZATION TO HOST A STREET RENAMING CEREMONY 1. The undersigned requests authorization for this command to host a Street Renaming Ceremony to honor fallen Police Officer John Smith, Tax Registry # 00000, Shield #000000, 002 Precinct (include details of incident). 2. Below are the details regarding this ceremony: a. Day: Tuesday (not scheduled on a weekend due to the family's request) b. Date: July 19, 2005 (Alternate dates Sunday, July 24 and Saturday, August 20) c. Time: 1000 hours (Refreshments immediately following at 002 Precinct) d. Location: In the street in front of the 002 Precinct (In the lobby of the 002 Precinct if inclement weather) e. Type of Ceremony: Street Renaming Ceremony f. List of Distinguished Guests (i.e., family members, City Councilman, etc.) g. The 002 Precinct will remain operational during the ceremony, however a total of twenty members from Manhattan South Task Force will be utilized to provide patrol coverage from 0930 hours to 1230 hours. h. Approximately 75 members of the 002 Precinct will participate in the event, 25 will be on-duty and in uniform and 50 members will be off-duty and in uniform. Approximately30 retired members from the 002 Precinct will attend the event in civilian clothes. Additionally, it is anticipated that approximately 50 people from the community will also attend the ceremony. i. This ceremony is a one time event and not held on an annual basis. j. The following Department resources are requested to participate: (1) One member from the Ceremonial Unit to coordinate the event (2) Color Guard (3) Bugler (4) Two Bagpipers (5) Department singer (6) Department Chaplain (7) Member of the Photo Unit (8) One helicopter from Aviation Unit for a fly over (9) Two Highway Units to escort family members (10) Four Traffic Agents for traffic Control (11) Two members from the Mounted Unit k. Detective Sonia Rivera, 002 Precinct Community Affairs Unit, (646) 6100000, cell #(917) 111-1000, Monday- Fridays 1000 x 18000 hours, is the individual responsible for coordinating this ceremony. l. Request that the Mayor, Police Commissioner and the Executive Staff be invited to attend the ceremony. 3. For your information and consideration. Brian James Inspector FORMS AND REPORTS Typed Letterhead P.G. 212-115 Guidelines And Approval Process Pertaining To The Use Of Distraction Devices Date Effective: 08-01-13 1. A distraction device is a non-lethal hand-held apparatus which generates startling sound and light energy when deployed into a confined area. Its purpose is to provide short-term tactical cover for officers making high risk tactical entries. These devices are non-lethal and are only authorized for use by trained members of the Emergency Services Unit to minimize the risk of physical injuries to all persons present. Use of these devices may be considered during a search warrant execution tactical plan meeting, or may develop ad hoc at the scene of an emotionally disturbed person, a perpetrator search, etc. Circumstances which may support the use of these devices include but are not limited to; the possible presence of firearms, dangerous animals, know violent subjects, multiple subjects and/or the history of the location. 2. Effective immediately, distraction devices may only by utilized upon the specific approval of the Chief of Department. There are NO exceptions to this requirement. 3. A distraction device will not ordinarily be employed during search warrant executions or similar tactical entries, except in those situations where its use is clearly necessary. When the Captain or above concerned believes that ensuring the safety of all persons concerned requires the use of a distraction device, the following approval process will be adhered to: 4. Situations involving the execution of Search Warrants: a. The Captain or above concerned will contact the Borough Executive Officer and request permission to utilize the device. NOTE: If the Borough Executive Officer is unavailable, information will be forwarded to the Borough Commanding Officer. When exigent circumstances exist, the Duty Chief may be contacted for approval. b. Borough Executive Officer will review request and if he/she concurs, will confer with the Chief of Department for final approval. NOTE: In those exigent circumstances involving the execution of search warrants, where conditions exists that would preclude the notification and approval process, the Captain or above contemplating the use of a distraction device will request the approval of the Chief of Department direct, via the Operations Division. 5. Situations involving emotionally disturbed person(s), perpetrator searches or other exigent circumstances: a. The captain or above concerned will notify the Duty Inspector regarding the situation and request approval. b. If the Duty Inspector concurs, he/she will request the approval of the citywide Duty Chief. c. If the Duty Chief, after considering all available alternatives, agrees that the use of the device is necessary, he/she will contact the Chief of Department via Operations Division for final approval of the use of a distraction device. AT EVERY LEVEL, THE CIRCUMSTANCES SUPPORTING THE PROPOSED USE OF THIS DEVICE WILL BE EXAMINED AND ALL OTHER ALTERNATIVES WILL BE CONSIDERED BEFORE RECOMMENDING APPROVAL OF ITS USE. A DISTRACTION DEVICE MAY NOT BE UTILIZED WITHOUT THE PRIOR DIRECT KNOWLEDGE AND APPROVAL OF THE CHIEF OF DEPARTMENT. 6. Upon conclusion of the incident during which a distraction device was used, the Captain concerned will notify the Emergency Services Unit (E.S.U.) Desk Officer and obtain a Distraction Device Utilization Control Number. He/she will prepare a Typed Letterhead report outlining the circumstances, which justified the use of this device and the names of all persons notified. This report will be forwarded through channels to the Chief of Department. P.G. 212-116 Street Narcotics Enforcement Unit (SNEU) Guidelines Date Effective: 08-01-13 PURPOSE To address local narcotics problems and provide guidelines for Street Narcotics Enforcement Units (SNEU). PROCEDURE When a local narcotics problem requires and enforcement program: PRECINCT COMMANDER 1. Prepare a request, on Typed Letterhead, to patrol borough commander indicating: a. The formation or termination of a SNEU team b. Definite starting and conclusion dates c. Specific location where the program is to be conducted d. The names of personnel selected have been submitted to Central Personnel Index for background investigation. 2. Do not implement a SNEU team prior to written approval by the patrol borough commander. 3. Ensure that police officers/detectives assigned to the unit perform duty in uniform under direct supervision of a uniformed supervisor and do not work independently. 4. Ensure all members assigned to SNEU or conducting SNEU operations have attended the SNEU and plainclothes training courses. 5. Ensure all provisions of the "Street Narcotics Enforcement Unit Guidelines" manual are strictly adhered to. a. Do not deviate from the provisions of the "Street Narcotics Enforcement Unit Guidelines" manual without approval of the Chief of Department. b. Ensure all members assigned to SNEU are familiar with the contents of the "Street Narcotics Enforcement Unit Guidelines" manual. c. Have a copy of the "Street Narcotics Enforcement Unit Guidelines" manual maintained in the command reference library. 6. Prepare a report on Typed Letterhead to patrol borough commander through channels, indicating results, after condition subsides. a. Return all uniformed members of the service assigned to the program to regular duties. b. Requests to terminate Street Narcotics Enforcement Units may be made at any time. PATROL BOROUGH COMMANDER 7. Have copies of all approvals/disapprovals forwarded to Chief of Patrol. SNEU SUPERVISOR 8. Confer with Narcotics Borough sergeant or lieutenant concerned prior to every enforcement operation, for the purpose of member safety, efficiency, and effectiveness of enforcement operations with Narcotics Borough personnel. a. Document the notification to the Narcotics Module supervisor on the Supervisor's Daily Activity Worksheet (Appendix III in the "Guidelines for Conducting SNEU Operations" booklet) b. Submit the Supervisor's Daily Activity Worksheet to the special operations lieutenant. SPECIAL OPERATIONS LIEUTENANT 9. Review and file the Supervisor's Daily Activity Worksheet ensuring that the notification to the Narcotics Module supervisor was made and documented appropriately. SNEU SUPERVISOR 10. Perform duty in uniform. 11. Debrief all prisoners arrested by the SNEU team. 12. Debrief all prisoners arrested by precinct personnel for narcotics-related offenses, when available. 13. Be guided by P.G. 212-68, "Confidential Informants," when confidential informants are providing information to the unit that will be the basis of a search warrant. ADDITIONAL DATA OVERTIME When arrest processing requires the performance of overtime, only the arresting officer will be retained for that purpose. All other SNEU personnel will be dismissed at the completion of their regular tour. An exception is allowed for the SNEU supervisor to remain until the vouchering of all evidence is completed and the evidence is signed and sealed. FIELD TESTING SNEU supervisors are reminded that when an arrest is made for a violation involving marijuana sale or possession, the marijuana tested as outlined in P.G. 218-08, " Field Testing of Marijuana Uniformed Members of the Service within the Patrol Services and Bureaus." STREET NARCOTICS ENFORCEMENT UNIT OPERATIONAL GUIDELINES misdemeanor or will be field by Selected Housing a. Personnel selected for Street Narcotics Enforcement Unit duties must attend the SNEU and plainclothes training courses, prior to performing SNEU duty. b. Precincts concerned will conduct "SNEU operations" with teams comprised of no less than seven uniformed members of the service consisting of one supervisor and six police officers/detectives. c. A minimum of two police officers/detectives must be assigned to each of the following: (1) Observation point (2) Apprehension team (3) Prisoner security. Any additional SNEU personnel available beyond the required minimum will first be utilized for arrest purposes, and then in any manner the supervisor deems beneficial for the team. A "hospital car" is typically not part of a SNEU operation and hence only in conjunction with executing a search warrant will this position be staffed with extra SNEU personnel. d. SNEU operations will not be conducted unless the minimum number of qualified police officers/ detectives and a supervisor are present. All of the members assigned to the unit must be SNEU and plainclothes trained. This includes any members of the service that are used to supplement the minimum number of seven. e. All personnel assigned to the SNEU operation, including a supervisor, must perform duty in the uniform of the day. The only exception are personnel assigned to the observation point who may perform duty in civilian clothes as described in step "f" below. f. Personnel assigned to the observation point may perform duty in civilian clothes. They will wear bullet-resistant vests, and will carry the authorized nylon windbreaker, as described in P.G. 204-04, "Optional Uniform Items," and the authorized baseball cap bearing the letters "NYPD," to be worn at police incidents for identification purposes. g. Police officers/detectives will not perform Street Narcotics Enforcement Unit duties unless a precinct supervisor is available for assignment and present with them in the field. h. Street Narcotics Enforcement Unit personnel will be restricted to enforcement of street violations. (1) The chief of Organized Crime Control will be notified of off- street violations coming to the attention of SNEU members. i. Street Narcotics Enforcement Unit personnel are not authorized to conduct any "buy" operations. j. Narcotics "kites" alleging drug sales at outside locations may be forwarded to the precinct special operations lieutenant, by the precinct Narcotics Module commanding officer, for targeting by the precinct SNEU team. This would require the approval of the precinct/PSA commanding officer and the Narcotics Group captain concerned. Progress regarding these "kites' will be coordinated and monitored by the precinct Narcotics Management Team, at the weekly meetings. k. If, in the course of SNEU operations, a member of the unit develops a confidential relationship with an informant who offers, or proposes to offer, information, the member will notify his or her commanding officer and will comply with P.G. 212-68, "Confidential Informants." l. Precinct commanders will closely monitor the performance of uniformed members of the service assigned to Street Narcotics Enforcement Units. There will be no time limit as to how long a member may be assigned to the SNEU team. A re-evaluation of the member concerned will be conducted after the member's second complete year in SNEU, and each year thereafter. m. In case-specific circumstances, a member of the precinct SNEU team may be assigned temporarily, for a thirty day period, to the precinct Narcotics Module. Written requests for the temporary assignment will be forwarded from the precinct Narcotics Module commanding officer concerned to the patrol borough commander for approval. This would apply to SNEU members who are particularly knowledgeable of a specific narcotics organization and/or location. n. The precinct field intelligence officer, arresting officer, and a member of the precinct detective squad should be present during the debriefing to assist in the development of information regarding drug trafficking and any other crimes. All uniformed members of the service assigned to SNEU will be familiar with the contents of the "Street Narcotics Enforcement Unit Guidelines" manual. RELATED PROCEDURES Preliminary Investigation of Vice Related, Narcotics or Organized Crime Related Complaints (P.G. 207-08) Confidential Informants (P.G. 212-68) Field Testing of Marijuana by Selected Uniformed Members of the Service within the Patrol Services and Housing Bureaus (P.G. 218-08) Command Reference Library (A.G. 325-18) FORMS AND REPORTS Street Narcotics Enforcement Unit Guidelines Typed Letterhead P.G. 212-117 Use Of Conducted Energy Devices (CED) Date Effective: 08-01-13 PURPOSE To inform members of the service of circumstances under which a Conducted Energy Device (CED) may be intentionally used and to record instances when a Conducted Energy Device has been used. CEDs will only be used by authorized uniformed members of the service. Additionally, all patrol supervisors and platoon commanders performing patrol duty assigned to the Patrol Services, Housing and Transit Bureaus will be required to carry a CED in a Department issued holster as authorized. SCOPE A Conducted Energy Device (CED) can be an effective means of subduing suspects and emotionally disturbed persons (EDP's) in a safe manner. A CED is classified as a less lethal device and is intended to augment and provide a greater margin of safety for officers who might otherwise be forced to physically subdue a dangerous subject. The use of a CED is within the range of use of less lethal devices such as pepper spray or a baton on the force continuum due to its effectiveness at a distance and at close range. A CED should only be used against persons who are actively physically resisting, exhibiting active physical aggression, or to prevent individuals from physically injuring themselves or other person(s) actually present. In many cases, a CED will reduce or eliminate the need for deadly physical force. It will often reduce the potential for injuries to members and suspects that may result from physical restraint and should be regarded as a possible alternative to such force and restraint, where practical. It is prohibited to use a CED in situations that do not require the use of physical force. DEFINITIONS CONDUCTED ENERGY DEVICE (CED) - a device primarily designed to disrupt a subject's central nervous system by means of using electrical energy sufficient to cause uncontrolled muscle contractions and override an individual's motor responses. ACTIVATE (ACTIVATION) - To cause the CED to arm by releasing the safety, thereby causing the CED laser sight to operate. CARTRIDGE - a replaceable cartridge which discharges two darts on connecting wires sending a high voltage/low current signal into a subject. DARTS - probes that are discharged from a CED and are designed to penetrate the skin; wires are attached to the probes leading back to the CED. DISCHARGE - To activate a CED, depress the trigger and cause an electric current to flow. Discharge will result in arcing (no cartridge is present) or darts being fired (cartridge is present). TOUCH STUN - To use the CED and discharge the device in a manner such that the hand-held unit makes direct contact with an intended subject's body. Touch stun mode should only be used in exceptional circumstances and not as a primary method of use. Therefore, when touch stun mode is used, an investigation will be conducted by the commanding officer/duty captain to determine if the CED was properly used. AUTHORIZED UNIFORMED MEMBER OF THE SERVICE - A uniformed member of the service who has received authorized Department training in the use of the CED. INVESTIGATING SUPERVISOR - As used in this procedure will be as follows: a. The next highest ranking supervisor in the chain of command of the member who discharged the CED, b. The commanding officer/duty captain for instances of touch stun incidents, when CED is used on a person in police custody or an accidental discharge of a CED has occurred resulting in an injury to any person. NOTE: If the investigating supervisor is from a command other than Patrol Services Bureau, Housing Bureau or Transit Bureau and is not available, the investigating supervisor will be the next higher ranking supervisor from the Patrol Services Bureau. (e.g., If a sergeant assigned to a Highway Unit discharges a CED and a lieutenant is unavailable from that Unit to investigate the discharge, a PSB lieutenant or duty captain will conduct the investigation.) PROCEDURE To provide for control, accountability, issuance, use and investigation of the use of Conducted Energy Devices (CEDs): COMMANDING OFFICER 1. Designate a secure area under the control of the desk officer or appropriate supervisor for the storage of CEDs and cartridges. 2. Ensure availability, operability, and distribution of CEDs assigned to the command on all tours. 3. Ensure that all supervisors performing patrol duties in the command are trained in the use of CEDs. a. ONLY authorized uniformed members of the service will be assigned to carry CEDs. NOTE: When requesting a replacement or loaner of a CED, replacement of batteries, chargers, or holsters, commanding officers are required to prepare and deliver a Typed Letterhead with item(s) needing replacement, to the Commanding Officer, Firearms and Tactics Section. When requesting replacement cartridges, commanding officers shall prepare and deliver a Typed Letterhead to the Commanding Officer, Firearms and Tactics Section and shall attach a copy of the related LESS LETHAL/RESCUE EQUIPMENT USE REPORT (PD 320-151). DESK OFFICER/UNITSUPERVISOR 4. Account for all CEDs and cartridges assigned to the command at the commencement of each tour. a. Make a Command Log entry, include serial numbers. b. Commands that do not maintain a Command Log will account for CEDs and cartridges in an appropriate Department log. 5. Assign CEDs to authorized uniformed members of the service on each tour taking into account the following: a. At least one operable CED must be assigned to a patrol supervisor and/or platoon commander performing patrol duty at all times. b. One operable CED must be maintained at the desk. NOTE: If available, additional CEDs may be assigned to other authorized uniformed members of the service throughout the tour as determined by the commanding officer. 6. Indicate rank, name, shield number/tax number, as applicable, of assigned member(s) in the Command Log. a. Make entry on roll call, identifying member(s) assigned a CED for tour. b. Place notation "CED" next to the name of member(s) assigned a CED. 7. Ensure CEDs, without cartridge attached, are connected to charger, if appropriate, while unassigned. 8. Notify commanding officer when CED is inoperable. AUTHORIZED UNIFORMED MEMBER OF THE SERVICE/ PATROL SUPERVISOR/ PLATOON COMMANDER 9. Carry CED only when trained by the Firearms and Tactics Section. a. CED must be carried on the non-shooting side, in a Department approved holster, attached to gunbelt, and secured to person. b. Emergency Services Unit and uniformed personnel, performing duty in civilian attire, will carry CED in a holster approved by Commanding Officer, Firearms and Tactics Section and Commanding Officer, Special Operations Division, as appropriate. NOTE: Only conducted energy devices authorized by the Commanding Officer, Firearms and Tactics Section will be carried by members of the service. Carrying or use of any other unauthorized conducted energy device may result in disciplinary action. 10. Inspect CED to ensure operability. a. Point CED in safe direction b. Remove cartridge from CED c. Release the safety (place safety in "off" position) d. Ensure the laser is visible and that the battery status light indicates device is energized e. Conduct spark test f. Replace battery if either laser is not visible, battery status light does not operate or if spark test results confirm a weak battery g. Re-inspect CED unit after battery pack is replaced h. Engage safety i. Attach cartridge to CED. NOTE: Cartridges must be removed and secured away from the CED prior to conducting an inspection. Accidental discharges resulting in injuries may occur if a cartridge is left attached to the CED while conducting an inspection. Members are reminded that each discharge is registered on the CED's internal memory that records the date and time of each discharge. Therefore, whenever a CED is discharged (including a spark test to ensure operability or an accidental discharge), such discharge must be recorded in the member's ACTIVITY LOG (PD112-145), INVESTIGATOR'S DAILY ACTIVITY REPORT (PD439-156), Command Log or other appropriate Department record. 11. Inform desk officer/supervisor if the CED does not operate subsequent to battery replacement, is inoperable, or requires repair/replacement. 12. Make ACTIVITY LOG entry and include: a. Results of inspection b. Serial number of CED c. Name of desk officer/supervisor notified if CED is inoperable. 13. Return CED to desk officer upon completion of tour. USE OF CONDUCTED ENERGY DEVICE (CED) 14. Assess situation and determine if the use of a CED would be appropriate. 15. Consider the totality of the circumstances when deciding the minimum amount of force necessary to overcome resistance when effecting an arrest or when taking mentally ill or an emotionally disturbed person into custody. Some factors to consider when determining the appropriate use of force include but are not limited to: a. officer/subject size disparity b. officer/subject strength disparity c. officer/subject age disparity d. officer's perception of the subject's willingness to resist e. officer's perception of the immediate threat to the subject, members of the service and bystanders f. suspect's violent history, if known g. officer's location is a hostile environment h. officer's perception of the subject being under the influence of a stimulant/narcotic which would effect pain tolerance and violence. NOTE: CEDs should only be used against persons who are actively physically resisting, exhibiting active physical aggression or to prevent individuals from physically injuring themselves or other person(s) actually present. Members of the service are reminded of the availability of Emergency Service Unit. 16. Issue an appropriate warning, consistent with personal safety, to the intended subject and other members of the service present prior to discharging the CED. NOTE: The recommended point of aim is lower center mass for frontal discharges (below the chest) and below the neck area for discharges at a suspect's back. Avoid discharging at an individual's head, neck and chest, if possible. When practical, discharge the CED at the subject's back. The CED should not be intentionally aimed at an individual's groin. Members will not discharge two CED's simultaneously on a subject. When a CED is used against a subject it shall be for one standard discharge cycle and the member using the CED must then reassess the situation. Only the minimum number of cycles necessary to place the subject in custody shall be used. In no situation will more than three standard discharge cycles be used against any subject. Members are reminded of other appropriate force options should the CED fail. It is strictly prohibited to use the CED on persons as a form of coercion or punishment and on persons who passively resist (e.g., going limp, offering no active physical resistance). When possible, the CED should not be used on children, the elderly, obviously pregnant females, the frail, against subjects operating or riding on any moving device or vehicle (e.g., motorists, bicyclists, skateboarders) where subject may fall while it is in motion or in situations where the subject may fall from an elevated surface. The CED should not be used when combustible gases or flammable liquids are present. 17. Restrain individual, and secure CED. a. Effect arrest of criminal suspect against whom CED was used. b. Comply with P.G. 210-13, "Release of Prisoner - General Procedure" if arrested person did not commit the crime or no crime was committed. c. Comply with P.G. 216-05, "Mentally Ill or Emotionally Disturbed Persons," when appropriate. 18. Request response of FDNY Emergency Medical Service (EMS), if person received a CED discharge. a. Any person who has been struck by a CED dart or who has had a CED used on him or her in touch stun mode must be examined at a medical facility. 19. Render reasonable aid as necessary. 20. Break the CED wire by hand approximately four to six inches from the dart, taking into account the circumstances including the status of the subject. a. Any dart that has penetrated the skin of any person will only be removed by medical personnel. 21. Safeguard CED cartridge. NOTE: If a CED was discharged and the darts did not make any contact with the subject (e.g., skin, clothing, etc.), the wire connecting the dart to the cartridge may be broken by hand. The dart portion shall be disposed of in a "sharps" container and the spent cartridge may be disposed of in the trash and not vouchered. An investigation will still be conducted by the investigating supervisor regarding the use of the CED. Spent CED cartridges used by Emergency Service Unit personnel will be safeguarded and vouchered, when appropriate, by the command of record for the subject on whom the CED was used. DESK OFFICER/PATROLSUPERVISOR/PLATOONCOMMANDER/UNIT SUPERVISOR 22. Request response of investigating supervisor. 23. Identify witnesses and record names in ACTIVITY LOG, INVESTIGATOR'S DAILY ACTIVITY REPORT or Command Log as appropriate. 24. Assign member of the service to ride in body of ambulance with prisoner or aided. 25. Direct member of the service to take photographs of points of contact on subject's body resulting from CED darts or touch stun. ASSIGNED UNIFORMED MEMBER OF THE SERVICE 26. Inform hospital staff that a CED has been used on the individual. a. Record name of person notified in ACTIVITY LOG. 27. Photograph points of contact on subject's body resulting from CED darts or touch stun. a. Photos should be taken in a manner to maintain the subject's privacy, when appropriate (e.g., behind curtain, private room, etc.). 28. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-150) and MEDICAL TREATMENT OF PRISONER (PD244-150) in arrest situations. 29. Complete AIDED REPORT WORKSHEET (PD304-152b) in non-arrest situations. 30. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141a). a. Cartridge used will be placed in a Plastic Security Envelope and delivered to desk officer, include photographs, when applicable. b. Ensure PROPERTY CLERK INVOICE number is documented in appropriate Department forms prepared. NOTE: Darts will not be vouchered but should be disposed of in a "sharps" container by medical personnel. Members of the service should refrain from handling a dart that has been removed from a subject. INVESTIGATING SUPERVISOR 31. Conduct investigation regarding use of CED. 32. Notify Firearms and Tactics Section: a. Obtain "FTS CED Log Number" b. Enter "FTS CED Log Number" and name of person notified in Telephone Record. 33. Prepare LESS LETHAL/RESCUE EQUIPMENT USE REPORT. a. Prepare REPORT when probes are discharged regardless of whether probes made contact with subject. b. Enter "FTS CED Log Number" on REPORT c. Deliver REPORT to commanding officer. 34. Deliver copies of other reports prepared in connection with CED usage to commanding officer. COMMANDING OFFICER/ DUTY CAPTAIN 35. Conduct investigation when required to act as investigating supervisor. 36. Prepare a Typed Letterhead with results of investigation and include recommendations (e.g., recommend disciplinary action, retraining, use was within guidelines, etc.) when: a. CED is used in touch stun mode only b. Used on a person in police custody c. Accidental discharge of a CED has resulted in an injury to any person. 37. Attach copy of Typed Letterhead, if prepared, to the completed LESS LETHAL/RESCUE EQUIPMENT USE REPORT. 38. Distribute copies of Typed Letterhead, when prepared, and attached LESS LETHAL/RESCUE EQUIPMENT USE REPORT to the following: a. Chief of Department (THROUGH CHANNELS) b. Chief, Internal Affairs Bureau c. Bureau Chief concerned d. Commanding Officer, Firearm and Tactics Section (DIRECT) e. Commanding Officer concerned. COMMANDING OFFICER, FIREARMS AND TACTICS SECTION 39. Maintain a log /database for CED usage. 40. Maintain copies of LESS LETHAL/RESCUE EQUIPMENT USE REPORTS in a binder and input data into database. 41. Maintain a database of information regarding LESS LETHAL/RESCUE EQUIPMENT USE REPORTS. 42. Compile data regarding use and effectiveness of CEDs used by members of the Department. 43. Compile a list of CED usage on a monthly basis and forward to the Chief of Department. 44. Incorporate relevant information into tactical training. COMMANDING OFFICER, INVESTIGATION REVIEW SECTION 45. Review adequacy of investigations and appropriateness of CED usage. ADDITIONAL DATA If a CED has been seized for investigative purposes, it is the responsibility of the investigative unit to ensure a notification is made to the Commanding Officer, Firearms and Tactics Section. Commands which have had a CED seized for investigative purposes will be responsible for retrieving the CED upon the conclusion of the investigation. RELATED PROCEDURES Prisoners Requiring Medical/Psychiatric Treatment (P.G. 210-04) Release of Prisoner - General procedure (P.G. 210-13) Aided Cases General Procedure (P.G. 216-01) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Invoicing Property - General Procedure (P.G. 218-01) Required Equipment (P.G. 204-09) Use of Force (P.G. 203-11) Deadly Physical Force (P.G. 203-12) FORMS AND REPORTS PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) AIDED REPORT WORKSHEET (PD 304-152B) LESS LETHAL/RESCUE EQUIPMENT USE REPORT (PD 320-151) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD 255-159) MEDICAL TREATMENT OF PRISONER (PD 244-159) ACTIVITY LOG (PD112-145) INVESTIGATOR'S DAILY ACTIVITY REPORT (PD439-156) Typed Letterhead P.G. 212-118 Incidents Involving Holders Of Handgun Licenses Or Rifle/Shotgun Permits Date Effective: 08-01-13 PURPOSE To report incidents involving holders of handgun licenses or rifle/shotgun permits. PROCEDURE When a holder of a handgun license or rifle/shotgun permit is involved in an incident coming to the attention of the Department: COMMANDING OFFICER/DUTY CAPTAIN 1. Assigned supervisor to conduct investigation and ascertain facts when a holder of a handgun license or rifle/shotgun permit is involved in an incident (see "ADDITIONAL DATA" statement for incidents that require an investigation). DESK OFFICER 2. Make an immediate telephone notification in ALL incidents involving holders of handgun licenses or rifle/shotgun permits to License Division, Incident Section. a. Make notification directly to a License Division, Incident Section member or License Division supervisor, Monday through Friday 0630 x 1700 hours. b. All other hours, leave a detailed message on the License Division, Incident Section voicemail and include: (1) Type of incident, date, time, location of incident and identity of handgun licensee or rifle/shotgun permit holder (2) Name and rank of investigating supervisor and/or reporting officer (3) Identify the Department reports prepared to document the incident and include relevant Department reports numbers, if available. 3. Ensure all appropriate reports are prepared to document the incident including but not limited to: a. PROPERTY CLERK INVOICE (PD521-141) b. COMPLAINT REPORT (PD313-152) c. ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244- 159) d. New York State Domestic Incident Report (DCJS 3221) e. UNUSUAL OCCURANCE REPORT (PD370-152) f. Other Typed Letterhead, as appropriate. 4. Direct holder of handgun license or rifle/shotgun permit reporting loss of a license/permit to report to the License Division for a new license/permit. a. Direct the preparation of a COMPLAINT REPORT. 5. Direct the handgun license or rifle/shotgun permit holder to contact the License Division, Incident Section, when involved in any incident. INVESTIGATING SUPERVISOR ASSIGNED 6. Investigate the circumstances surrounding the incident and ascertain the following information to be included in the Department report(s) prepared: a. If the licensee has a Carry Guard license, ascertain whether the handgun was possessed while actually engaged in the security related employment that corresponds with the address listed on the license, or if possessed when traveling directly between that place of employment and residence b. If the licensee has a Carry Business or Special Carry license, ascertain whether the licensee is employed by, or operating a business that corresponds with the address listed on the license at the time of incident c. If the licensee has a Premise Residence or Premise Business license, ascertain whether the handgun was possessed at the premise listed on the license; or if the licensee claims to have been traveling to or from an authorized range, ascertain whether the handgun was unloaded in a locked container with ammunition carried separately, and whether the licensee was traveling directly to and from the range d. If a licensee has a Limited Carry license, ascertain whether the handgun was possessed at the address listed on the license, or if carried elsewhere, whether the licensee was in compliance with time, day of week, and place restrictions listed on rear of license e. If a firearm is reported lost or stolen, or for any other incident, ascertain whether or not the firearm was properly safeguarded. Include statement as to whether any unauthorized person(s) had access to the handgun f. If an allegation exists that the licensee made threatening statements, improperly displayed a firearm, was involved in a firearms discharge or for any ongoing disputes, ascertain whether all relevant parties/witnesses have been identified and interviewed. 7. Seize handgun license or rifle/shotgun permit and all firearms listed if: a. The licensee/permit holder is arrested, regardless of charge b. An Order of Protection exists against the licensee/permit holder c. The incident involves physical force or the threat of physical force d. Circumstances lead to the belief that continued presence of a firearm would create an unjustifiable risk of unlawful use or possession of the firearm, or injury to licensee/permit holder or another person e. Further investigation by the License Division is needed to determine whether the actions of the licensee/permit holder affect their qualifications for the license or permit f. Any other situation that may affect public safety. (1) Members are reminded that public safety is the overriding concern when considering when considering the removal of a licensed firearm. 8. Invoice firearms only on PROPERTY CLERK INVOICE. a. Include the following statement in the "Remarks" section of the PROPERTY CLERK INVOICE "Firearms shall not be released without written authorization of the "Commanding Officer, License Division." 9. Prepare a Typed Letterhead to the Commanding Officer, License Division for all incidents unless a COMPLAINT REPORT, ON LINE BOOKING SYSTEM ARREST WORKSHEET, New York State Domestic Incident Report, UNUSUAL OCCURANCE REPORT, or other Typed Letterhead was prepared detailing an explanation of the licensee's/permit holder's actions and includes the information ascertained from the investigation of the incident. 10. Prepare a Typed Letterhead to Commanding Officer, License Division upon a voluntary surrender of a firearm, unless the reason for the surrender is explained in either the "Remarks" section of the PROPERTY CLERK INVOICE or on another report, as appropriate. 11. Forward the following to the License Division, Incident Section: a. Copy of all Department reports prepared in relation to incident b. Any seized license(s)/permit(s), if applicable c. Typed Letterhead, if applicable. ADDITIONAL DATA INCIDENTS INVOLVING A HOLDER OF A HANDGUN LICENSE OR RIFLE/SHOTGUN PERMIT THAT REQUIRE AN INVESTIGATION TO BE CONDUCTED: Incidents involving a holder of a handgun license or rifle/shotgun permit that require an investigation to be conducted include: a. Lost firearms b. Stolen firearms (burglary or larceny) c. Voluntary surrender of firearms d. Allegations of improper display of firearm e. Violating terms, conditions, or rules relating to the license/permit (including but not limited to carrying a firearm in public with a premise license, transporting a firearm on a premise license for use at an authorized range that is not unloaded in locked box, and exceeding time or place restrictions on a Limited Carry license) f. All domestic incidents coming to the attention of the Department g. An Order of Protection in existence or being sought by or against the license/permit holder h. Ongoing or recurring disputes that have potential for violence or allegations of threatening statements i. Co-habitating with a known criminal or other dangerous person j. Eviction or damage to premise (such as fire) that affects ability to safeguard firearm at approved premise k. Suicide or other devastating incidents in the home l. Mental health issues m. Any firearm discharge (except target practice at an authorized range) n. Any arrest or criminal court summons o. Other incident or allegation that requires a follow-up investigation by the License Division. REMOVAL OF FIREARMS FROM LICENSEE/PERMIT HOLDER The Department has broad authority to remove firearms and temporarily suspend a license/permit during the investigation of an incident as outlined above. Prior conferral with the License Division, Incident Section is not required in order to remove firearms and a license/permit from a licensee or permit holder. Members are reminded that public safety is the overriding concern when considering the removal of a licensed firearm. If the firearm cannot be readily obtained at the time the decision to remove firearm is made, the licensee or permit holder shall be advised that he or she must surrender said firearm(s) pursuant to License Division regulations, and shall be given an opportunity to surrender them voluntarily. In the case of an arrest, or an Order of Protection, or any assessment of imminent danger, if the firearm(s) cannot be obtained by consent, and there is probable cause to believe that they are in a particular location, a search warrant will be obtained prior to seizure of the firearm(s), unless exigent circumstances justify an immediate seizure. The supervisor assigned will make every effort to obtain the firearm(s) either by consent or with a search warrant. In all cases, the investigating supervisor and reporting officer(s) must be made available upon request of the License Division investigators to discuss the incident and provide assistance during follow-up investigations and possible hearings at the License Division. A check of the Automated License Permit System (ALPS) can be conducted to determine whether a person (or any person at a given address) has an active handgun license or rifle/shotgun permit. Members of the service can access the system through the Department's Intranet site under "NYPD Applications." RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Arrest-General Search Guidelines (P.G. 208-05) Processing Firearms and Firearm-Related Evidence (P.G. 218-23) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) UNUSUAL OCCURRENCE REPORT (PD370-152) Typed Letterhead New York State Domestic Incident Report (DCJS 3221) P.G. 212-119 Investigations Of Animal Abuse Date Effective: 01-22-14 PURPOSE To properly investigate complaints of animal abuse. SCOPE Pursuant to Agriculture and Markets Law, Article 26, Section 371, entitled "Power of Police Officer," police officers may arrest any person violating any provisions of this article and may lawfully take animals into custody to prevent the perpetration of any act of cruelty upon any animal. Upon arrest for such violation, the arresting officer will issue a DESK APPEARANCE TICKET or summons (if the arestee is qualified) except for those offenses designated as Unclassified Felonies. DEFINITIONS ANIMAL ABUSE PREVENTION LIAISON - Executive member of the service designated by the Chief of Patrol to collaborate and share information with the American Society for the Prevention of Cruelty to Animals (ASPCA) regarding animal abuse complaints. The Liaison will be responsible for the coordination of all Department training related to Animal Abuse involving the ASPCA and will be responsible for compiling all data related to animal abuse complaints to be shared with the ASPCA. ASPCA - A non-profit corporation organized under the laws of the State of New York. PROCEDURE When a uniformed member of the service receives a complaint of animal abuse: ANIMAL ABUSE PREVENTION LIAISON 1. Forward all complaints of animal abuse received from the ASPCA to the special operations lieutenant of the command concerned. SPECIAL OPERATIONS LIEUTENANT 2. Assign a member of the service to investigate complaints received from the Animal Abuse Prevention Liaison. COMPLAINTS RECEIVED VIA 311 TELEPHONE SWITCHBOARD OPERATOR 3. Comply with Patrol Guide 214-35, "Processing Quality of Life Complaints Using the 311 Terminal" and have the 311 complaint dispatched as a command assignment. IN ALL CASES UNIFORMED MEMBER OF THE SERVICE 4. Respond to location and ascertain all facts. a. Interview involved parties concerning the animal abuse allegations. b. Observe condition of the animal and its living conditions. 5. Determine if any applicable laws have been violated (i.e., Agriculture and Markets Law, Penal Law, etc.) and take enforcement action, including summary arrest. a. If no violation has occurred, attempt to correct the condition by instructing the owner/custodian on proper care and handling of animals. b. If there is probable cause to believe an offense has occurred, prepare a COMPLAINT REPORT WORKSHEET (PD313-152A). c. If no further action is required, the condition was corrected, or all investigative avenues have been exhausted and no known perpetrator has been identified, close complaint to patrol. d. If the ends of justice will not be met by taking enforcement action (i.e., unintentional neglect due to hoarding), notify ASPCA Hotline for referral to Cruelty Intervention Advocacy Program and close the complaint to patrol. e. Refer major cases or cases requiring the expertise of the Detective Bureau to the precinct detective squad. f. Refer complaints of organized crime involving animal abuse (e.g., animal fighting for the purpose of gambling) to the Organized Crime Control Bureau. 6. Determine if the animal needs to be removed from the location. a. Request response of the patrol supervisor when the removal of the animal is required. b. Apparently abused animals will be transported to an ASPCA facility for examination. 7. Document removal of any animal in ACTIVITY LOG (PD112-145). a. Have person receiving animal at ASPCA intake facility sign ACTIVITY LOG as receipt to document chain of custody. PATROL SUPERVISOR 8. Respond to the scene if requested and verify that the animal needs to be removed from the location. a. Ensure compliance with Patrol Guide 214-33, "Care and Disposition of Animals." b. If it is necessary to remove an animal for further investigation, but probable cause does not exist, ask the owner if they are willing to voluntarily surrender the animal. c. Confer with Legal Bureau before attempting to obtain a warrant to remove the animal. SPECIAL OPERATIONS LIEUTENANT 9. Query Omniform and 311 System weekly to ensure complaints of animal abuse are being investigated and/or referred as appropriate and take corrective action, if necessary. ANIMAL ABUSE PREVENTION LIAISON 10. Confer with the ASPCA Liasion on a monthly basis to discuss the previous month's animal cruelty activity. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS The ASPCA has established a hotline to assist members of the service while in the field. Members of the service should contact the newly established hotline if assistance is needed in determining charges to be filed or if information is needed on proper care and handling of an animal. When a member of the service accepts voluntary surrender of an animal, the member of the service will make an ACTIVITY LOG entry utilizing the following language and ensure that the owner of the animal signs the ACTIVITY LOG entry: I [insert name] am over eighteen years old and the owner of [describe animal]. I voluntarily surrender ownership of my [describe animal] to the New York Police Department. I understand that ownership of my [describe animal] will be immediately transferred to the ASPCA. I understand that I am giving up all my rights to this animal, now and in the future. I have not been threatened or promised anything in exchange for my agreement to surrender my animal. Date. Sign. LEGAL CONSIDERATIONS An animal is considered private property, therefore, if probable cause does not exist and/or if the owner does not voluntarily surrender the animal, a member of service must obtain a warrant to remove the animal. RELATED PROCEDURES Deadly Physical Force (P.G. 203-12) Desk Appearance Ticket - General Appearance (P.G. 208-27) Care and Disposition of Animals (P.G. 214-33) Processing Quality of Life Complaints Using the 311 Terminal (P.G. 214-35) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT COMPLAINT REPORT WORKSHEET (PD313-152A) DESK APPEARANCE TICKET American Society for the Prevention of Cruelty to Animals Hotline: 800-375-4071 P.G. 212-120 Active Shooter Response Protocol Date Effective: 02-21-14 PURPOSE To properly respond to and neutralize an active shooter threat. SCOPE Members of the service may be called upon to respond to a critical incident involving an individual or individuals intent on killing as many innocent civilians and first responders as possible. This type of incident has historically occurred within a variety of locales and buildings including movie theaters, hotels, schools, shopping malls and office buildings, but also has the potential to occur within myriad other locations. Due to the varied nature of such incidents, it is difficult to plan or train for every possible contingency, but it is imperative that members of the service not only understand basic response principles that may save lives, but also be cognizant of certain emergency protocols at the building or other location that may have been activated by administrators or private security staff prior to the arrival of police personnel (e.g., evacuation, lockdown, shelter-in-place, etc.). Such familiarity will facilitate a safer and more effective response to the assignment. During an active shooter incident, responding officers must immediately assess conditions as they develop and implement the proper response. A delay in action may result in loss of life. The most essential priority of the responding uniformed member of the service is to MAKE CONTACT WITH THE SUSPECT(S) TO END THE THREAT. DEFINITIONS ACTIVE SHOOTER - An individual actively engaged in killing or attempting to kill people in a confined and populated area. Active shooters use firearms, explosives, fire, or other deadly weapons and there is often no pattern or method to their selection of victims. HOSTAGE SITUATION - A hostage situation begins the moment a suspect takes a person under his or her control and subjects that person to the risk of bodily harm for the purpose of furthering a criminal act or facilitating an escape. PROCEDURE When a uniformed member of the service receives a call for, or comes upon an incident involving a confirmed active shooter: UNIFORMED MEMBER OF THE SERVICE 1. Notify radio dispatcher and request the response of the patrol supervisor, Emergency Service Unit (ESU), Hostage Negotiation Team (HNT), Technical Assistance and Response Unit (TARU) and the Bomb Squad, if not previously requested by Communications or other responders. 2. Park vehicle at location accessible for use as cover, while not impeding arrival of further emergency units, if responding in a vehicle. 3. Upon arrival, attempt to liaise with administrators, private security or anyone who may have prior knowledge of the building's emergency protocols and procedures, if time allows. a. Obtain details concerning the nature of the threat (e.g., time of entry, location of shooters, number of shooters, etc.). b. Obtain details on the building's response protocol and if it has been activated. 4. Enter location using all possible tactical caution, if situation is determined to involve an active shooter and loss of further innocent life is imminent. a. Initial responders should form Contact Teams of two to four uniformed members of the service and move toward the suspect(s). 5. Utilize available means to gain entry if doors to location are locked (e.g., crowbar, sledgehammer, etc.). 6. Notify radio dispatcher of existing conditions and exact entrance used to enter the building. a. If unable to gain entry, notify radio dispatcher of "blocked" entrance location and cause. (1) Responding units may have the tools needed to gain entry. b. Continue searching for ways to gain entrance into the building. 7. Ensure doors are left open and/or unlocked upon entry to allow for continued uniformed response to incident. 8. Commence tactical advancement into the location. a. First priority is to make contact with the suspect(s) and to prevent loss of life and/or limit movement of suspect(s). Delayed action could result in further injury to innocent persons. b. When practicable, identify self in a loud clear voice and state "Police! Don't move." 9. Be cognizant of victims that may be hiding, confused and frightened, and who may not respond to directions from uniformed members of the service. a. Note location and type of injuries to victims, but do not attempt to render aid until threat has been eliminated. 10. Be aware that other on-duty or off-duty police officers or armed security personnel may be present in location. a. Any on-duty or off-duty plainclothes members or security personnel should remain with uniformed members during search for suspect(s) or exit location and assist in victim aid, evacuation and/or perimeter security. 11. Maintain communication with radio dispatcher, updating advancement into the location and location of suspect(s) and victim(s), when tactically possible. 12. Comply with Patrol Guide 212-38, "Hostage/Barricaded Person(s)," if a hostage situation exists or if suspect is contained. a. Active shooter encounters are often fluid situations which may rapidly transition between hostage and non-hostage events. If the situation transitions from a hostage situation back to an active shooter situation, the responding uniformed member of the service must make every attempt to make contact with the shooter and prevent continued violence. b. Maintain cover and attempt to isolate and contain subject and the hostage. c. Establish and maintain firearms control during the course of the hostage/barricaded situation. d. Notify radio dispatcher of exact location of barricaded subject. INITIAL SUPERVISOR ON SCENE 13. Confirm through radio dispatcher that ESU, HNT, TARU and Bomb Squad are responding. 14. Request response of precinct commander/duty captain. 15. Assess best means to stop deadly action. 16. Tactically enter the building with first responding uniformed members of the service or regroup with uniformed members already in location and advance towards the active shooter. 17. Notify radio dispatcher of entry and location. a. Await the arrival of a uniformed supervisor, if assigned to plainclothes duty, unless exigent circumstances require your immediate entry. b. If entering in plainclothes, make every effort to display items identified as police equipment (e.g., shield, gunbelt, NYPD windbreaker, etc.). c. Advise radio dispatcher of entry and clothing worn, if in civilian attire. d. Advise radio dispatcher of any aided encountered when advancing or of any sheltering persons in need of assistance. ADDITIONAL SUPERVISORS ON SCENE 18. Establish an ad hoc Rescue Team, utilizing responding uniformed members of the service, to coordinate interior evacuations and remove injured victims from location, if adequate personnel are searching for or engaging shooter(s). 19. Assume the role of Incident Commander, if not needed to supervise Contact or Rescue Teams. INCIDENT COMMANDER 20. Establish an Incident Command Post. 21. Assign uniformed members of the service to direct responding personnel to Command Post. 22. Establish exterior site management control and, if site has multiple exits, coordinate with other responding supervisors and control evacuation and site management of additional exits. 23. Establish a secure location perimeter. 24. Communicate and coordinate with other responding units in regard to additional personnel placement, status of shooter and presence of other shooters, if applicable. 25. Communicate with interior personnel to determine if additional resources are needed. a. Direct responding units to move swiftly and safely to neutralize the continued threat of violence, if requested. 26. Do not permit plainclothes members of service to enter the location, except in exigent circumstances. a. If plainclothes members of service or security personnel are known to be in location, notify radio dispatcher of number of officers and physical description including attire, if known. 27. Continue to liaise with building administrators to gather more detailed information on incident and individuals involved. 28. Ensure corridors are open and available for continued response of emergency units including ESU and EMS resources. 29. Designate a uniformed member of the service to maintain radio contact with the radio dispatcher, so that the dispatcher and responding personnel are kept apprised of the situation as it develops. 30. Assign uniformed members of the service to detain all persons leaving incident location, if feasible. a. Do not assume all persons exiting location are victims. 31. Assign uniformed members of the service to prevent entry of unnecessary persons into evacuated areas. 32. Confer with Emergency Service Unit personnel upon their arrival to evaluate situation. Ensure ESU personnel are apprised of all known members of the service inside of active shooter location. 33. Account for all members of the service before any organized search or rescue operation is implemented. 34. Confirm radio dispatcher has notified the Operations Unit and that the Bomb Squad is responding and comply with Patrol Guide 212-40, "Bomb Threats/Unattended Articles - Suspected/Reported Explosive Devices and Post Explosion Bomb Scenes," if suspected explosive device is found. 35. Comply with Patrol Guide 212-38, "Hostage/Barricaded Person(s)," when appropriate, if active shooter is isolated and contained with no further imminent risk to innocent victims. 36. Coordinate with incoming EMS and medical personnel. 37. Establish a transportation corridor for the potential movement of injured victims. 38. Keep desk officer, precinct of occurrence, and Operations Unit apprised of situation. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Off-duty uniformed members of the service or members in civilian attire should refrain from entering an active shooter location to avoid any confrontational situation with uniformed members of the service present, unless the loss of life is imminent. Off-duty members already inside a shooting location should call 911 (if capable) and relay all available information, including off-duty attire, and attempt to make contact with the suspect(s) to end the threat. Off-duty members must be aware of the fact that uniformed members are responding and the potential for a confrontation situation exists. To the full extent possible, off-duty members should display their shields and/or identification cards, verbally identify themselves as a police officer, and comply with all directions of responding uniformed officers. RELATED PROCEDURES Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Deadly Physical Force (P.G. 203-12) Hostage/Barricaded Person(s) (P.G. 212-38) Bomb Threats/Unattended Articles - Suspected/Reported Explosive Devices and Post Explosion Bomb Scenes (P.G. 212-40) Mobilization/Emergency Incidents P.G. 213-01 Command Post Operations Date Effective: 02-01-02 COMMAND POST OPERATIONS Revision Notice 05-03 Revokes Procedure 213-01 P.G. 213-02 Emergency Incidents Date Effective: 08-19-13 PURPOSE To ensure the prompt response of personnel and equipment to the scene of an emergency incident. DEFINITION EMERGENCY INCIDENTS - a serious accident, vehicle collision, explosion, civil disorder, demonstration, or similar incident. PROCEDURE Upon arriving at the scene of an emergency incident: UNIFORMED MEMBER OF THE SERVICE 1. Radio Communications Section and request: a. Personnel and equipment, if necessary b. Patrol supervisor/platoon commander. 2. Take other police action indicated by the situation. PATROL SUPERVISOR/PLATOON COMMANDER 3. Review action taken and determine if additional personnel/equipment is needed. 4. Activate a Level 1 mobilization, when appropriate, through: a. Radio dispatcher, OR b. Operations Unit by telephone. 5. Establish command post with telephone, if necessary. 6. Notify precinct desk officer, Operations Unit, Communications Section and patrol borough office wheel of: a. Location and nature of emergency incident b. Location and telephone number of command post c. Location of mobilization point and route to be used by responding units. NOTE: Mobilization point should be of sufficient size to accommodate a Level 3 or 4 mobilization. Mobilization point and route should be transmitted to Communications Section. 7. Request command post flag and log, as necessary. 8. Assign uniformed members of the service as: a. Operations officer b. Intelligence officer c. Personnel officer d. Logistics officer. 9. Supervise uniformed members of the service, as required. 10. Prepare DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141), if applicable. 11. Keep the precinct desk officer and Operations Unit informed of facts. 12. Inform responding commanding officer/duty captain of: a. Details of emergency b. Action taken c. Personnel and equipment on scene or requested. COMMANDING OFFICER/DUTY CAPTAIN 13. Assume command and review action taken. 14. Contact command post by telephone for update and determine if additional personnel/equipment are required. 15. Activate a Level 2, 3 or 4 mobilization, as necessary. 16. Develop a plan and deploy personnel to return normalcy to area affected by emergency. 17. Return uniformed members of the service to regular duty when presence is no longer required. a. Notify and confer with Operations Unit supervisor relative to other citywide conditions before returning personnel to regular duty. ADDITIONAL DATA At the scene of an emergency incident to which a uniformed member of the service in the rank of captain or above is not responding, the platoon commander, or if not available, the patrol supervisor precinct/PSA/transit district of occurrence will assume command as the Incident Commander/Agency Incident Commander until a transfer of command or demobilization occurs. Based upon the nature and size of the emergency incident, the patrol Duty Captain or Duty Inspector or Duty Chief or Patrol Borough Commanding Officer/Executive Officer may respond. The Patrol Borough Commanding Officer/Executive Officer or if not available, highest ranking patrol Duty supervisor at the scene of the emergency incident will: 1. assume command, or 2. designate the appropriate Incident Commander/Agency Incident Commander, or 3. direct that a transfer of command to an appropriate Incident Commander/Agency Incident Commander occurs. The Incident Commander/Agency Incident Commander may only be superseded by the Police Commissioner, First Deputy Commissioner, Chief of Department or senior ranking operational Bureau Chief. Other deputy commissioners may render advice and assistance to the Incident Commander/Agency Incident Commander but may not assume command of the incident. If the incident is of a nature where specialized knowledge or expertise is necessary for the most effective police response (i.e., subway accidents, emergencies in public housing developments, etc.), the Incident Commander shall designate an appropriate ranking member with the aforementioned skills as the Operations Section chief. In most cases, the designee will be the highest ranking member from the appropriate bureau or division involved (e.g., Housing Bureau for public housing incidents, Transit Bureau for subway incidents, etc.). The Police and Fire Departments maintain underwater diving units (SCUBA Divers) for response to waterborne accidents, fires and other emergencies. Police Department units, Harbor and Emergency Service personnel are available twenty-four hours daily, and will respond to any submersion or accidents involving occupied vehicles, boats or aircraft or evidence searches. The Aviation Unit is available twenty-four hours a day, seven days a week with scuba team divers for near and offshore air-sea rescues. The Fire Department unit is available on a daily basis, twenty-four hours a day and will respond to fire incidents requiring the use of divers. Request for the Police Department diving unit will be made to the Special Operations Division for routine dives and to the Communications Section in emergencies." RELATED PROCEDURES Command Post Operations (P.G. 213-01) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Duties at Unusual Disorder (P.G. 213-05) Unusual Disorder Plan-Formulating Plan (P.G. 213-08) Unusual Disorder Maps (P.G. 213-07) Unusual Disorder Kits (P.G. 213-09) Unusual Occurrence Reports (P.G. 212-09) Mayor's Plan For Coordinated Action At Emergencies (A.G. 316-06) FORMS AND REPORTS DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) P.G. 213-03 Rapid Mobilzation Date Effective: 06-16-14 PURPOSE To have personnel respond rapidly to the scene of an unusual disorder/emergency incident. PROCEDURE When IMMEDIATE assistance is required at the scene of an unusual disorder/ emergency incident: PATROL SUPERVISOR 1. Assess situation and, if needed, activate Mobilization Level 1 through radio dispatcher. a. Patrol supervisors are authorized to activate a Mobilization Level 1. b. Consult with commanding officer/duty captain prior to activating a Level 1 mobilization for a missing person investigation, absent exigent circumstances. 2. Notify commanding officer/duty captain, if assistance is required beyond a Level 1 mobilization. a. Upon activation, commanding officer/duty captain will immediately respond to scene. PLATOON COMMANDER 3. Respond to scene of incident and assume duties of the Incident Commander. a. Upon arrival of the commanding officer/duty captain, assume the duties of the Operations Officer in the field command post, and b. Advise Incident Commander, as necessary. NOTE: For incidents occurring in areas that are the responsibility of the Housing Bureau or Transit Bureau, the Housing Bureau or Transit Bureau platoon commander should, if not on scene, respond and assume the duties and responsibilities as described in step 3 above. DUTY CAPTAIN 4. Respond to scene. a. Contact the command post, while enroute, and get an estimation of the situation from the patrol supervisor/platoon commander at scene. b. Assess situation and activate a further mobilization (see pgs 988- 991), after conferral, if necessary. (1) Communicate the number of personnel and the level of mobilization required to the patrol borough, Communications Section or the Operations Unit. NOTE: Mobilization Levels 2, 3 or 4 require the authorization of a captain or above. The captain need not be on the scene, but if authorizing any further mobilization while not at the scene, he/she must communicate with one of the following: a. Patrol supervisor/platoon commander b. Patrol borough concerned c. Operations Unit. Mobilization levels need not be utilized in consecutive order. Circumstances may dictate activating Mobilization Level 3 before Level 2 or Level 2 before Level 1. HOWEVER, CAUTION SHOULD BE TAKEN WHEN UTILIZING THESE CODES IN OTHER THAN CONSECUTIVE ORDER BECAUSE PERSONNEL AND EQUIPMENT IN THE OMITTED MOBILIZATION LEVEL WILL NOT RESPOND. The supervisor activating a mobilization should notify the Operations Unit of personnel and/or equipment that is NOT required. The Operations Unit will then notify units concerned. All units will comply with duties as listed in the applicable Patrol Guide (213 Series), Operations Unit directions and their respective unit unusual disorder plans. ACTIVATING SUPERVISOR 5. Notify Operations Unit and patrol borough concerned of the situation that resulted in mobilization. 6. Maintain control of members of the service. 7. Be prepared to brief ranking members of the service. 8. Designate a mobilization point and advise Communications Section of mobilization point and route to be used by responding members. 9. Provide for security of Department resources at the mobilization point and any staging areas utilized. 10. Provide traffic post coverage to allow for the quick access of responding units. 11. Update the Operations Unit and the patrol borough concerned. 12. Act as "Incident Commander" until relieved or until a higher ranking uniformed member from the Patrol Services Bureau, Housing Bureau, or Transit Bureau, assumes command. NOTE: At the scene of an emergency incident to which a uniformed member of the service in the rank of captain or above is not responding, the platoon commander, or if not available, the patrol supervisor precinct /PSA/ transit district of occurrence will assume command as the Incident Commander/Agency Incident Commander until a transfer of command or demobilization occurs. Based upon the nature and size of the emergency incident, the patrol Duty Captain or Duty Inspector or Duty Chief or Patrol Borough Commanding Officer/Executive Officer may respond. The Patrol Borough Commanding Officer/Executive Officer or if not available, highest ranking patrol Duty supervisor at the scene of the emergency incident will: 1. assume command, or 2. designate the appropriate Incident Commander/Agency Incident Commander, or 3. direct that a transfer of command to an appropriate Incident Commander/ Agency Incident Commander occurs. The Incident Commander/Agency Incident Commander may only be superseded by the Police Commissioner, First Deputy Commissioner, Chief of Department or senior ranking operational Bureau Chief. Other deputy commissioners may render advice and assistance to the Incident Commander/Agency Incident Commander but may not assume command of the incident. If the incident is of a nature where specialized knowledge or expertise is necessary for the most effective police response (i.e., subway accidents, emergencies in public housing developments, etc.), the Incident Commander shall designate an appropriate ranking member with the aforementioned skills as the Operations Section chief. In most cases, the designee will be the highest ranking member from the appropriate bureau or division involved (e.g., Housing Bureau for public housing incidents, Transit Bureau for subway incidents, etc.) DESK OFFICER, OPERATIONS UNIT 13. Notify: a. Affected patrol boroughs, divisions and/or bureaus concerned, (i.e., Housing Bureau, Transit Bureau, Special Operations Division, Traffic Management Center, etc.) to stage required personnel (see pgs 988-991). b. Transit Bureau Patrol Operations Wheel to identify and stage Transit Bureau equipment vehicles necessary. AFTER ACTIVATION OF A LEVEL 2, 3 OR 4 MOBILIZATION TRANSIT BUREAU, PATROL OPERATIONS WHEEL 14. Confer, by telephone, with the desk officer of each Transit District concerned regarding the Transit Bureau location to which mobilized Transit Bureau personnel and equipment will respond. a. Stage disorder equipment vehicle(s), as required. NOTE: Disorder equipment vehicles are available through the Operations Unit, twenty-four hours a day, seven days a week. DESK OFFICER, TRANSIT BUREAU 15. Notify affected patrol personnel of transit facility designated for response (see pgs 988-991). a. Have notified personnel respond by transit system to chosen Transit Bureau location b. Notify command post of number of personnel available at chosen Transit Bureau location. DESK OFFICER, ALL OTHER BUREAUS 16. Stage required personnel. 17. Inspect responding members for proper equipment. 18. Supply members with a van to respond to mobilization point. NOTE: Housing Bureau and Transit Bureau personnel mobilized on a Level 3 mobilization will ONLY be utilized to secure their own respective facilities/developments. Housing Bureau and Transit Bureau personnel mobilized on a Level 4 mobilization can be used for other duties. 19. Inspect responding members for proper equipment and direct members to respond to mobilization point. MOBILIZED SERGEANTS 20. Respond, with necessary personnel, promptly, to the mobilization point, upon notification. 21. Ensure all responding members are properly equipped. 22. Ascertain response route and radio frequency to be used from Communications Section dispatcher. 23. Advise members of the nature of the emergency and radio frequency to be used. NOTE: Supervisors will direct members to tune radios to the frequency designated, although only the vehicle operator and the supervisor will have their radios on while responding to the scene. Transit Bureau supervisor at command post will coordinate communications between the command post and the mobilized Transit Bureau personnel present without citywide frequencies tuned into their radios. 24. Prepare DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) prior to arrival at the mobilization point. FIRST PLATOON RESPONSE EXCEPTION NOTE: One sergeant per mobile field force will respond to mobilization point with two police officers from the same precinct and a van. The patrol borough concerned will designate which precincts will supply sergeants and lieutenants. Patrol Borough Staten Island will send only one sergeant. All other bureaus/divisions will supply personnel as required (see pgs 988-991). MOBILIZED SERGEANTS 25. Gather members from precincts as required to form a squad. 26. Receive instructions at mobilization point and proceed with squad to the staging area or post in van provided. 27. Comply with steps 21, 22 and 23, above. NOTE: Mobilized lieutenants will be designated by their local patrol borough. On the 2nd and 3rd Platoon, three lieutenants per patrol borough will respond to the mobilization point and form their respective precinct squads into mobile field forces (see pages 991 and 992). On the 1st Platoon only, one lieutenant per patrol borough will respond with an RMP and form their respective precinct squads into patrol borough platoons. Patrol Borough Staten Island will supply one lieutenant on the 2nd and 3rd Platoons and no lieutenants on the 1st Platoon. Patrol Boroughs Queens North and Queens South will send only two lieutenants on the 2nd and 3rd Platoon and only one lieutenant on the 1st Platoon. ALL PLATOONS MOBILIZED LIEUTENANTS 28. Respond to mobilization point when notified by patrol borough or Operations Unit of a Mobilization Level Three or Level Four (ALL PLATOONS). 29. Form uniformed members from precincts into mobile field forces as per "Mobile Field Force Assignments - Patrol Services Bureau" (pages 991 & 992). NOTE: Patrol boroughs/Operations Unit are responsible to reallocate resources within the affected borough or throughout the City to maintain adequate levels of police service and adequate levels of supervision. ADDITIONAL DATA PATROL BOROUGH OPERATIONAL COMMAND IN THE EVENT OF AN EMERGENCY REPONSE PLAN ACTIVATION 1. Patrol Guide procedure 213-03, "Rapid Mobilization," states as follows, "At the scene of a large scale unusual disorder or other emergency incident, the highest ranking uniformed police supervisor is in command and will be designated as Incident Commander." It further states, "In most cases, the designee will be the highest ranking member from the bureau involved (e.g., the Housing Bureau for public housing incidents, the Transit Bureau for subway incidents, the Chief of Transportation for traffic emergencies, etc.)." Designating an Incident Commander provides centralized command at the scene of an emergency. 2. We live under the threat of terrorism and the possibility of large-scale disasters. The coordination of resources is a critical aspect of a proper response to such an incident. As such, there may be times when it is necessary for patrol borough command(s) to operate in a "stand-alone" capacity. Under this concept, patrol borough commander(s) will assume operational command of ALL Department resources within their geographical area of responsibility with the exception of Special Operations Division personnel, and the Transit Bureau, which will initiate citywide "stand-alone" operations at the Transit Bureau headquarters in Brooklyn. 3. When it is determined that patrol borough(s) will operate under the "standalone" concept, patrol borough commands will activate borough command posts in accordance with standard operating procedures. Additionally, representatives will be assigned from the Detective Bureau, Intelligence Bureau, Housing Bureau, Organized Crime Control Bureau, Transportation Bureau, School Safety Division, Special Operations Division and any other unit deemed appropriate by the patrol borough commander. An operational plan should be developed by each patrol borough to facilitate "stand-alone" operations. It should include, at minimum, pre-designated assignments among the borough staff and outside command representatives, identification of necessary equipment and support staff, as well as provide for a relief factor. Since each patrol borough is unique, the borough commander should tailor plans that will address the needs of that particular patrol borough, i.e., potential for civil disorder, public panic, that threat of secondary events, etc. However, patrol borough commanders must recognize that the NYPD Emergency Operations Center retains the authority to direct movement and allocation of resources out of the patrol borough in response to incidents elsewhere throughout the City. RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Mobilization Readiness Levels (P.G. 213-04) Duties At Unusual Disorders (P.G. 213-05) Unusual Disorder Plan-Formulating Plan (P.G. 213-08) Unusual Disorder Maps (P.G. 213-07) Unusual Disorder Kits (P.G. 213-09) Unusual Occurrence Reports (P.G. 212-09) Mayor's Plan for Coordinated Action at Emergencies (A.G. 316-06) FORMS AND REPORTS DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) LEVEL 1 LOCAL PATROL BOROUGH TASK FORCE MOBILIZATION AUTHORITY TO CALL * PATROL SUPERVISOR RESPONDING UNITS * LOCAL BOROUGH TASK FORCE * 1-RADIO EMERGENCY PATROL (REP) * 1-PATROL SUPERVISOR HOUSING PSA AND TRANSIT DISTRICT CONCERNED ADDITIONAL SUPERVISORS * DUTY CAPTAIN AND COMMAND POST STAFF LEVEL 2 CITYWIDE PATROL BOROUGH TASK FORCE MOBILIZATION AUTHORITY TO CALL * CAPTAIN OR ABOVE RESPONDING UNITS * PATROL BOROUGH TASK FORCE(S) AS DESIGNATED BY OPERATIONS UNIT * 1-ESU SUPERVISOR AND TRUCK * 1-REP PER TASK FORCE ACTIVATED * 1-HELICOPTER * 1-COMMAND POST VEHICLE * 1-DECON TRUCK * 1-BARRIER TRUCK (LOCAL PATROL BOROUGH) * 1-SGT. AND 2 DETS. - TARU * 1-ARREST PROCESSING VEHICLE * 1-PATROL WAGON * 1-PATROL SUPERVISOR HOUSING PSA AND TRANSIT DISTRICT CONCERNED, IF NOT ALREADY PRESENT * 1-TRAFFIC OPERATIONS DISTRICT SUPERVISOR NOTE: OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS. ADDITIONAL SUPERVISORS * DUTY INSPECTOR BOROUGH OF INCIDENT * DUTY CAPTAIN AND COMMAND POST STAFF WITH EACH BOROUGH TASK FORCE MOBILIZED LEVEL 3 LOCAL BOROUGH MOBILIZATION 2ND AND 3RD PLATOON AUTHORITY TO CALL * CAPTAIN OR ABOVE RESPONDING UNITS * 3 LIEUTENANTS (1 PER MOBILE FIELD FORCE) (PBQN AND PBQS ONLY 2 LIEUTENANTS EACH, PBSI SUPPLIES ONLY 1 LIEUTENANT, HOUSING BUREAU 1 LIEUTENANT PER 3 PSAs AND TRANSIT BUREAU 1 LIEUTENANT PER BOROUGH) * 1 SERGEANT AND 8 POLICE OFFICERS PER PRECINCT AND HOUSING PSA WITHIN PATROL BOROUGH CONCERNED * 1 SERGEANT AND 8 POLICE OFFICERS PER TRANSIT DISTRICT PURSUANT TO THEIR PLAN (SEE PAGE 992) * 2 SERGEANTS AND 20 POLICE OFFICERS (HIGHWAY DISTRICT WITH RMPs) * 1 SERGEANT AND 10 POLICE OFFICERS (STREET CRIME UNIT) * 2 SERGEANTS AND 10 POLICE OFFICERS (MOUNTED UNIT) * 1 SERGEANT AND 2 DETECTIVES TARU (IF NOT ALREADY PRESENT) * 1-ESU SUPERVISOR * 1-POT TRUCK OR PEACEKEEPER * 1-MLG OR HELP CAR * 1-REP OR TRUCK * 1-PATROL WAGON * 1-HELICOPTER (IF NOT ALREADY PRESENT) * 1-COMMAND POST VEHICLE (IF NOT ALREADY PRESENT) * 1-DECON TRUCK (IF NOT ALREADY PRESENT) * 1-BARRIER TRUCK (IF NOT ALREADY PRESENT) * 1-ARREST PROCESSING VEHICLE (IF NOT ALREADY PRESENT) NOTE: OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS. ADDITIONAL SUPERVISORS * DUTY CAPTAIN AND COMMAND POST STAFF (IF NOT ALREADY PRESENT) * STAFF RESPONSIBLE FOR ASSISTING THE INCIDENT COMMANDER, AS NECESSARY * 1-TRAFFIC OPERATIONS DISTRICT SUPERVISOR (IF NOT ALREADY PRESENT) LEVEL 3 LOCAL BOROUGH MOBILIZATION 1ST PLATOON AUTHORITY TO CALL * CAPTAIN OR ABOVE RESPONDING UNITS * 3 SERGEANTS PER PATROL BOROUGH (1 PER MOBILE FIELD FORCE WITH VAN) * * * * * * * * * * * * (PBQN AND PBQS WILL SEND 2 SERGEANTS EACH, PBSI, HOUSING BUREAU AND TRANSIT BUREAU WILL SEND 1 SERGEANT EACH) 2 POLICE OFFICERS PER PRECINCT AND HOUSING PSA WITHIN PATROL BOROUGH CONCERNED BY RMP 2 POLICE OFFICERS PER TRANSIT DISTRICT PURSUANT TO THEIR PLAN (SEE PAGE 992) 1 SERGEANT AND 8 POLICE OFFICERS (HIGHWAY DISTRICT WITH RMPs) 1 SERGEANT AND 10 POLICE OFFICERS (STREET CRIME UNIT) 1-ARREST PROCESSING VEHICLE (IF NOT ALREADY PRESENT) 1-ESU SUPERVISOR 1-REP AND TRUCK 1-MLG OR HELP CAR 1-PATROL WAGON 1-HELICOPTER 1-BARRIER TRUCK (IF NOT ALREADY PRESENT) 1-COMMAND POST VEHICLE (IF NOT ALREADY PRESENT) NOTE: OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS. ADDITIONAL SUPERVISORS * DUTY CAPTAIN AND COMMAND POST STAFF * 1 LIEUTENANT (SELECTED BY PATROL BOROUGH CONCERNED EXCEPT PBSI) LEVEL 4 CITY WIDE PRECINCT MOBILIZATION 2ND AND 3RD PLATOON AUTHORITY TO CALL * CAPTAIN OR ABOVE RESPONDING UNITS * 3 LIEUTENANTS (1 PER MOBILE FIELD FORCE) (PBQN AND PBQS ONLY 2 LIEUTENANTS EACH, PBSI SUPPLIES ONLY 1 LIEUTENANT, TRANSIT BUREAU 1 LIEUTENANT PER BOROUGH MOBILIZED) * 1 HOUSING BUREAU LIEUTENANT PER 3 PSAs * 1 SERGEANT AND 8 POLICE OFFICERS PER PRECINCT AND HOUSING PSA PER BOROUGH MOBILIZED * 1 SERGEANT AND 8 POLICE OFFICERS PER TRANSIT DISTRICT PURSUANT TO THEIR PLAN (SEE PAGE 992) * 1 SERGEANT AND 10 POLICE OFFICERS (HIGHWAY DISTRICT WITH RMPs [ADDITIONAL]) * 1 SERGEANT AND 10 POLICE OFFICERS (STREET CRIME UNIT [IF NOT ALREADY PRESENT]) * 2 SERGEANTS AND 10 POLICE OFFICERS (MOUNTED UNIT [ADDITIONAL]) * 1-ARREST PROCESS VEHICLE (ADDITIONAL) * 1-SERGEANT AND 4 POLICE OFFICERS - PAFTS * 1-ESU SUPERVISOR (ADDITIONAL) * 1-POT TRUCK OR PEACEKEEPER (ADDITIONAL) * 1-MLG OR HELP CAR (ADDITIONAL) * 1-REP OR TRUCK (ADDITIONAL) * 1-SERGEANT AND 2 DETECTIVES - TARU (IF NOT ALREADY PRESENT) * 1-COMMAND POST VEHICLE (ADDITIONAL) * 1-BARRIER TRUCK (IF NOT ALREADY PRESENT) * 1-DECON TRUCK (IF NOT ALREADY PRESENT) * 1-PATROL WAGON (ADDITIONAL) NOTE: OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS. ADDITIONAL SUPERVISORS * DUTY CHIEF * DUTY INSPECTOR (BOROUGH OF INCIDENT) * DUTY CAPTAIN AND COMMAND POST STAFF WITH EACH BOROUGH MOBILIZED, UNLESS ALREADY ON SCENE FROM LEVEL 2 * STAFF RESPONSIBLE FOR ASSISTING INCIDENT COMMANDER, AS NECESSARY * 1 CAPTAIN HOUSING BUREAU AND TRANSIT BUREAU, IF AVAILABLE * 1-TRAFFIC OPERATIONS DISTRICT SUPERVISOR (IF NOT ALREADY PRESENT) LEVEL 4 CITY WIDE PRECINCT MOBILIZATION 1ST PLATOON AUTHORITY TO CALL * CAPTAIN OR ABOVE RESPONDING UNITS EACH DESIGNATED BOROUGH WILL SEND (PER PATROL BOROUGH): * 3 SERGEANTS PER PATROL BOROUGH (1 PER MOBILE FIELD FORCE WITH VAN), PBQN AND PBQS WILL SEND 2 SERGEANTS EACH, PBSI, HOUSING BUREAU AND TRANSIT BUREAU WILL SEND 1 SERGEANT EACH * 2 POLICE OFFICERS PER PRECINCT AND HOUSING PSA WITHIN PATROL BOROUGH CONCERNED BY RMP * 2 POLICE OFFICERS PER TRANSIT DISTRICT PURSUANT TO THEIR PLAN (SEE PAGE 992) * 1 SERGEANT AND 8 POLICE OFFICERS (HIGHWAY DISTRICT WITH RMPs [IF NOT ALREADY PRESENT]) * 1 SERGEANT AND 10 POLICE OFFICERS (STREET CRIME UNIT [IF NOT ALREADY PRESENT]) * 1-ESU SUPERVISOR (IF NOT ALREADY PRESENT) * 1-REP AND TRUCK (IF NOT ALREADY PRESENT) * 1-MLG OR HELP CAR (IF NOT ALREADY PRESENT) * 1-PATROL WAGON (ADDITIONAL) * 1-POT TRUCK OR PEACEKEEPER (ADDITIONAL) * 1-HELICOPTER (IF NOT ALREADY PRESENT) * 1-BARRIER TRUCK (IF NOT ALREADY PRESENT) * 1-COMMAND POST VEHICLE (ADDITIONAL) NOTE: OPERATIONS UNIT IS RESPONSIBLE FOR MAKING REQUIRED NOTIFICATIONS. ADDITIONAL SUPERVISORS * DUTY CAPTAIN AND COMMAND POST STAFF * 1 LIEUTENANT (SELECTED BY PATROL BOROUGH CONCERNED, EXCEPT PBSI) * 1 CAPTAIN HOUSING BUREAU AND TRANSIT BUREAU, IF AVAILABLE MOBILE FIELD FORCE ASSIGNMENTS PATROL SERVICES BUREAU 2ND & 3RD PLATOONS (1 SGT AND 8 POs PER PRECINCT) MOBILE FIELD FORCE NUMBER PBMS 1 2 3 SUB TOTAL SGTs 3 4 3 10 POs 24 32 24 80 1ST PLATOON (1 SGT PER MOBILE FIELD FORCE 2 POs PER PRECINCT) SGTs 1 1 1 3 POs 6 8 6 20 PCTS ASSIGNED 1-5-7 6-9-10-13 MTS-17-MTN PBMN 4 5 6 4 4 4 12 32 32 32 96 1 1 1 3 8 8 8 24 19-20-CPP-24 26-30-33-34 23-25-28-32 32 32 32 96 1 1 1 3 8 8 8 24 40-42-44-48 41-43-45-49 46-47-50-52 SUB TOTAL 4 4 4 12 PBBS 10 11 12 SUB TOTAL 4 5 4 13 32 40 32 104 1 1 1 3 8 10 8 26 60-61-62-70 66-68-72-76-78 63-67-69-71 PBBN 13 14 15 SUB TOTAL 3 4 3 10 24 32 24 80 1 1 1 3 6 8 6 20 73-75-81 77-79-84-88 83-90-94 PBQS 16 17 SUB TOTAL 4 4 8 32 32 64 1 1 2 8 8 16 102-103-106-107 100-101-105-113 PBQN 18 19 SUB TOTAL 4 4 8 32 32 64 1 1 2 8 8 16 104-108-114-115 109-110-111-112 3 24 1 6 120-122-123 76 608 20 152 SUB TOTAL PBBX PBSI 7 8 9 20 SUB TOTAL PSB TRANSIT BUREAU MFF 1 2 3 SUB TOTAL 3 4 4 11 24 32 32 88 1 1 1 3 6 8 8 22 PER TRANSIT PLAN BELOW DO DO 1 1 1 3 6 6 6 18 ANY 3 PSAs DO DO 26 192 HOUSING BUREAU 1 2 3 SUB TOTAL GRAND TOTAL 3 3 3 9 24 24 24 72 96 768 NOTE: Mobile Field Forces are a method of organizing personnel into groups utilizing the "old" geographical patrol division format with the exception of Patrol Borough Queens North and Queens South. The Housing Bureau and Transit Bureau will organize their own mobile field forces as per their own in bureau plans. TRANSIT BUREAU RESPONSE PLAN The Transit Bureau Patrol Boroughs do not currently correspond to the geographic and administrative patrol boroughs of the Patrol Services Bureau. To address this the following response plan will be utilized: PATROL BOROUGH MOBILIZED 2ND & 3RD PLATOON RESPONSE PER DISTRICT 1ST PLATOON RESPONSE PER DISTRICT DISTRICT(S) REQUIRED TO RESPOND PBMS 1 SGT & 8 POs 2 POs 2 & 4 PBMN 1 SGT & 8 POs 2 POs 1 & 3 PBBX 1 SGT & 8 POs 2 POs 11 & 12 PBBS 1 SGT & 8 POs 2 POs 32 & 34 PBBN 1 SGT & 8 POs 2 POs 30 & 33 PBQN AND PBQS 1 SGT & 8 POs 2 POs 20 PBSI NONE NONE NONE P.G. 213-04 Mobilization Readiness Levels Date Effective: 10-16-13 PURPOSE To alert units concerned that a mobilization has occurred and its companion readiness levels have been initiated. PROCEDURE When a mobilization level has been activated and a readiness level is automatically initiated: READINESS LEVEL 1 INCIDENT COMMANDER 1. Activate "Field Command Post." COMMUNICATIONS SECTION 2. Notify Operations Unit of details, broadcast "Readiness Level One" on all frequencies within affected patrol borough and notify patrol borough task force concerned. OPERATIONS UNIT 3. Notify local patrol borough, Housing Bureau, Transit Bureau, Chief of Transportation and Special Operations Division. 4. Place all non-affected patrol borough and Transit Bureau task forces on alert. PATROL BOROUGH COMMAND 5. Monitor incident and notify the following commands of the situation: a. Local patrol borough task force, if not already on the scene b. Patrol borough duty inspector/captain c. Patrol borough community affairs personnel d. Patrol borough command post personnel (Alert Status Only) e. Community Affairs personnel - precincts concerned f. Detective borough concerned g. Platoon commander, precinct concerned, to respond. (1)If unavailable, notify platoon commander adjoining precinct to respond. READINESS LEVEL 2 COMMUNICATIONS SECTION 6. Notify Operations Unit and broadcast "Readiness Level Two"on all frequencies. OPERATIONS UNIT 7. Alert all non-mobilized patrol borough task forces, including Transit Bureau task forces, as well as precinct and Housing Bureau personnel within patrol borough concerned, holding same beyond expiration of tour. NOTE: The Operations Unit will release task force, including Transit Bureau task forces, and precinct and Housing Bureau personnel ONLY after conferral between the Incident Commander and a supervisor from the Operations Unit. 8. Staff Operations Unit command post and monitor situation. 9. Notify the following commands of the situation and their required response of equipment, supervisors and personnel: a. All patrol boroughs, including Transit Bureau, to have task forces remain on alert or respond to scene b. Duty chief c. Special Operations Division d. Chief of Transportation e. First Deputy Commissioner f. Deputy Commissioner - Operations g. Deputy Commissioner - Legal Matters h. Chief – Community Affairs i. Deputy Commissioner - Public Information j. Chief of Department k. Chief of Patrol l. Chief of Housing Bureau m. Chief of Detectives n. Chief of Organized Crime Control o. Chief of Internal Affairs p. Chief of Transit Bureau q. Criminal Justice Bureau r. Property Clerk Division s. Fleet Services Division t. Communications Section u. Applicant Processing Division v. Police Academy w. Quartermaster Section PATROL, HOUSING, AND TRANSIT BUREAU COMMANDS 10. Notify the following commands of the situation: a. Precincts, police service areas, transit districts within affected patrol borough - alert for possible mobilization. (A response of one sergeant and eight police officers, with Department van, will stand-by at each precinct or affected command). b. Patrol borough, police service area or transit district commanding officer c. Duty inspector/captain d. Detective borough concerned e. Patrol borough and precinct community affairs personnel f. Precinct detective squads g. Chief of Transportation and precincts concerned - to staff route to mobilization point. DETECTIVE BUREAU 11. Designate one sergeant and three detectives to respond to Field Command Post to serve as intelligence staff. READINESS LEVEL 3 COMMUNICATIONS SECTION 12. Notify Operations Unit and broadcast "Readiness Level Three" on all frequencies. OPERATIONS UNIT 13. Staff Operations Unit command post and monitor situation. NOTE: All uniformed members of the service assigned to commands within Patrol Services Bureau, Housing Bureau or Transit Bureau will be alerted and held beyond the expiration of their tour, if necessary. The Operations Unit will release such personnel ONLY after conferral between the Incident Commander and a supervisor assigned to the Operations Unit. 14. Notify the following of developments and the need to staff the Operations Unit command post: a. Office of the Chief - Community Affairs b. Office of Deputy Commissioner - Public Information c. Office of the Chief of Department d. Office of the Chief of Patrol e. Office of the Chief of Housing Bureau f. Office of the Chief of Detectives g. Office of the Chief of Personnel h. Office of the Chief of Organized Crime Control i. Office of the Chief of Transit Bureau j. Duty Chief k. Director, Office of Support Services Bureau. NOTE: Citywide units previously notified, as per Readiness Level 2 will await deployment, as required, by the Operations Unit. PATROL BOROUGH COMMAND 15. Activate borough command post and staff with pre-designated or members designated by the Tactical Operations Coordinator. NOTE: Members will fill positions as follows: a. Tactical Operations Coordinator b. Operations Officer c. Personnel/Administrative Officer d. Logistics Officer e. Intelligence Officer For further information regarding the above titles, see ADDITIONAL DATA. ORGANIZED CRIME CONTROL BUREAU 16. Assign one sergeant and two detectives from NITRO to respond to the borough command post. DETECTIVE BUREAU 17. Assign one detective supervisor from detective borough to respond to the borough command post. INTELLIGENCE BUREAU 18. Assign one uniformed member to respond to the borough command post. NOTE: On duty uniformed members of the service assigned to non-uniformed units (e.g. Organized Crime Control Bureau, Applicant Processing Division, Detective Bureau, Police Academy, etc.) will respond to their command, change into uniform, and await deployment. Parent commands are responsible to consolidate personnel staffing figures and locations and notify the Operations Unit. Support units, such as the Property Clerk Division, Criminal Justice Bureau, Quartermaster Section, Community Affairs/Crime Prevention Section, Office of the Deputy Commissioner-Public Information, etc., will recall identified key personnel, contact the Operations Unit for instructions, and await deployment. PATROL BOROUGH COMMAND 19. Notify the following: a. Commanding officer - patrol borough concerned b. Duty inspector/captain - patrol borough concerned c. Operations Unit d. Precinct/borough detective units e. Precinct/borough community affairs personnel. READINESS LEVEL 4 COMMUNICATIONS SECTION 20.Notify Operations Unit and broadcast "Readiness Level Four" on all frequencies. OPERATIONS UNIT 21. Activate Operations Unit command post. a. Staff with previously designated members or those selected by Tactical Operations Coordinator to serve as: (1) Tactical Operations Coordinator (2) Operations Officer (3) Personnel/Administrative Officer (4) Logistics Officer (5) Intelligence Officer. NOTE: For further information regarding the above titles, see ADDITIONAL DATA. 22. Deploy personnel on stand-by as needed. 23. Notify: a. Police Commissioner b. First Deputy Commissioner c. Chief of Department d. Chief of Patrol e. Chief of Housing Bureau f. Chief of Detectives g. Chief of Personnel h. Chief of Organized Crime Control i. Chief of Internal Affairs j. Chief of Transit Bureau NOTE: The Operations Unit will release personnel ONLY after conferral between the Incident Commander and a supervisor assigned to the Operations Unit. DETECTIVE BOROUGH CONCERNED 24. Assign one captain, one additional sergeant and three additional detectives to field command post to augment the Intelligence staff. NOTE: Citywide units previously identified as per "Readiness Levels" will be deployed as required by the Operations Unit command post. ADDITIONAL DATA The following are synopses of duties of ranking uniformed members of the service in connection with mobilizations and command post operations: INCIDENT COMMANDER - the one position that will always be filled at every incident, regardless of size, by the HIGHEST UNIFORMED RANKING POLICE SUPERVISOR ASSUMING COMMAND, who has responsibility for overall management of incident in question. TACTICAL OPERATIONS COORDINATOR - directs, supervises and ensures coordination of tasks performed by command post staff, except those areas reserved by Incident Commander. OPERATIONS OFFICER - principal staff officer on matters pertaining to strategy, tactics and overall operations. PERSONNEL/ADMINISTRATIVE OFFICER - primary advisor to the Incident Commander or the Tactical Operations Coordinator in all aspects of unit strength, management, personnel services support, administrative support and medical support. Responsible for prisoner issues and security of command posts. INTELLIGENCE OFFICER - principal advisor to the Incident Commander on all intelligence and investigative matters relating to the disorder. Responsible for coordinating and directing efforts of detectives, community affairs, Deputy Commissioner - Public Information and Intelligence Bureau personnel. LOGISTICS OFFICER - principal staff officer for the Incident Commander in matters of supply, maintenance, transportation and services. Responsible for security of all mobilization points, staging areas and designating the support corridor for staging the support units. RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Duties At Unusual Disorders (P.G. 213-05) Unusual Disorder Plan - Formulating Plan (P.G. 213-08) Unusual Disorder Maps (P.G. 213-07) Unusual Disorder Kits (P.G. 213-09) Unusual Occurrence Reports (P.G. 212-09) Mayor's Plan For Coordinated Action At Emergencies (A.G. 316-06) P.G. 213-05 Duties At An Unusual Disorder Date Effective: 08/01/13 PURPOSE To establish specific duties and responsibilities with respect to uniformed members assigned to unusual disorders. PROCEDURE When directed to respond to a scene of an unusual disorder: UPON REPORT OF A LEVEL ONE OR HIGHER MOBILIZATION: PCT.CO/XO DUTY INSP./DUTY CAPT./OR UMOS OF HIGHER RANK 1. Report to the command post. a. Contact the command post by radio or telephone, while enroute, to get an assessment of the situation. 2. Upon arrival at command post: a. Assume the role of Incident Commander as per P.G. 213-03, "Rapid Mobilization." b. Designate suitable mobilization point. (1) Arrange for traffic posts and security posts at that location. c. Authorize the mobilization of additional personnel, if necessary, after briefing by patrol supervisor, borough wheel, or Operations Unit. d. Debrief highest-ranking supervisor on scene. NOTE: The responding uniformed member concerned need not be present at the scene to authorize a higher level of mobilization. 3. Ensure that a properly staffed and operating command post has been established and: a. Identify location for command post. b. Request precinct, police service area, or transit district disorder plan be delivered to the command post. c. Organize the command post staff, if not already established, from available personnel to perform as: (1) Operations Officer - Tactical advisor (2) Intelligence Officer - Intelligence advisor (3) Personnel and Administrative Officer - Staffing advisor (4) Logistics Officer - Equipment advisor. d. Review disorder area. (1) Utilize maps, if unable to personally inspect area 4. Establish communications by: a. Conferring with Communications Section for an appropriate citywide frequency. b. Having special or additional frequencies used for conversation between captains and above. c. Using cellular telephones at command post to improve communications. d. Having RMPs with mobile digital terminals utilized to bolster communication and deployed, by the personnel officer, where needed, e.g., mobilization point, borough and command post. e. Implementing dual dispatch system, (i.e., high priority calls go to disorder control personnel; lower priority calls to precinct units). NOTE: Communications Section must be conferred with regarding the frequency to be used during mobilization. 5. Deploy responding uniformed members by: a. Formulating a plan of action. b. Estimating the size, movement, motivation, intent, and leadership of the disorderly group. c. Identifying: (1) The participants of the crowd or disorderly group (2) The geographical boundaries of the area involved. d. Estimating the duration and intensity of the disorder. e. Beginning efforts to control the spread of rumors. NOTE: Community affairs/community policing personnel with community leaders, as listed in Appendix "H" of the command's unusual disorder plan, can be used to dispel rumors and disseminate accurate information. f. Identifying future targets, if applicable, by utilizing community affairs, community policing and detective personnel. g. Dividing the disorder area into sectors for mobile patrol by task force personnel, preferably in vans. h. Containing and isolating disorderly groups by sectoring, perimeter checkpoints, arrest, etc. i. Having task force personnel use mobile tactics of speed, surprise and deception to accomplish their assignment. (1) Deploy personnel as a unit, when possible, to mobile or foot posts within the designated sectors. j. Directing that arrests be made, when appropriate. k. Deploying two-thirds (2/3) of available enforcement personnel and holding one-third (1/3) personnel in reserve. l. Assigning additional personnel, if needed, when sufficient mobile forces are deployed in sectors, as follows: (1) Foot posts - assign one sergeant and eight police officers to posts of sufficient size. (2) Perimeter check point posts - assign at least one disorder control squad, consisting of one sergeant and eight police officers, to each check point to perform the following: (a) Prevent disorderly persons from entering or leaving area through checkpoint. (b) Keep curiosity seekers and unauthorized persons out of area. (c) Reroute public or private transportation vehicles around the area. (d) Provide rooftop and overhead security. 6. MUST provide patrol borough and Operations Unit with regular updates on the progress of disorder control efforts, as well as unusual developments, or the need for additional resources. 7. Instruct all supervisors on the following: a. Nature of the disorder. b. Mission and objectives, including specific objectives for specialized units. c. Reminder that independent or unauthorized actions will not be tolerated. d. Use minimum force necessary to achieve objectives. e. Location of arrest processing areas. f. Location of command post and appropriate telephone numbers. g. Post or sector boundaries, radio call signals and designated frequency. h. Use of specialized equipment. i. Tactics that will be utilized. j. Reporting ring schedules for command post, staggered for enforcement units every thirty minutes; hourly for all other concerned units. k. Need to immediately report important or unusual events. NOTE: Captains may be assigned as commanders of task forces or borough sized precinct personnel contingents and will maintain unity of assignment for the particular unit commanded. (Team assignments are listed in ADDITIONAL DATA). 8. Prepare for relief as follows: a. Have commander ending his/her tour confer with new Incident Commander. b. Have both commanders debrief all field commanders concerning: (1) Changing patterns of disorder (2) Strength of disorderly groups (3) Any police related incidents occurring during tour (4) Any recommendation as to changes in overall strategies, etc. LIEUTENANT 9. Respond quickly and safely to stationhouse, ascertain the mobilization point, and respond promptly by RMP. 10. Assume duties as mobile field force commander. NOTE: Lieutenants will be responsible for the performance of squads under their command. Squads will consist of one sergeant and eight police officers from each precinct in the assigned mobile field force. 11. Assist Incident Commander, in the operation of the field command post, if directed. 12. Assume duty as either the Operations, Personnel, Intelligence or Logistics Officer (see ADDITIONAL DATA), if assigned to the field command post. 13. Have helmet, baton, flashlight, DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) and disorder control guidelines available on patrol in RMP. 14. Direct that Department vehicles be parked in designated spaces only, at mobilization point. 15. Follow instructions of captain/incident commander, instruct responding sergeants and collect DETAIL ROSTER/ASSIGNMENT SHEETS. a. Submit collected DETAIL ROSTER/ASSIGNMENT SHEETS to command post. 16. Instruct sergeants as to what radio frequency is being used and ensure that all radios are tuned to the designated frequency. a. Maintain radio discipline of subordinate members. 17. Inspect sergeants for required uniform and equipment. a. Warn sergeants against unauthorized radio transmissions which are potentially dangerous to all members assigned to disorder. 18. Have sergeants deliver vehicle keys to vehicle security detail, if required. 19. Explain instructions carefully to all sergeants and ensure that all subordinates, including police officers, receive these instructions and record pertinent information, such as: a. Importance of team concept in disorder control b. Post and/or sector boundaries c. Nature of disorder d. Mission of the team e. Location and telephone number of command post and arrest processing area f. Identification of Incident Commander, platoon-mobile field force lieutenant, and other key ranking officers g. Equipment information h. Appropriate radio frequency and mobile field force/disorder control squad radio call signs. NOTE: Squads will consist of one sergeant and eight police officers from the same precinct. Sergeants will be called by precinct designation, example "46 sergeant". Mobile field force will consist of precinct personnel as listed in ADDITIONAL DATA, page 10, e.g. 1st, 5th and 7th Precincts are designated the 1st mobile field force; 46th, 47th, 50th, and 52nd Precincts are designated the 9th mobile field force. Lieutenants will be called by lieutenant's mobile field force designation, example "9th mobile force lieutenant". 20. Instruct subordinate members of the following assignment guidelines: a. Do not act independently; follow direction and adhere to the team concept. b. Do not "punish," rather, be "professional" at all times. c. Ensure that only minimum force is used to achieve objectives. d. Be tolerant of verbal abuse uttered by civilians in crowd in attempting to provoke an incident. e. Maintain formation when advancing in a disorder situation. f. Maintain one arm's length distance between themselves and the adjoining member. g. "On guard" stance should be used by all members in either a line or wedge formation. h. Be aware of potential danger of rooftops and high ground locations, e.g., rock/bottle throwers, snipers, etc. i. MAINTAIN FIREARMS DISCIPLINE. NOTE: Supervisors of arrest teams should not stray from police lines due to the possibility of being surrounded by crowd members. Supervisors should also ensure that arresting officers adequately observe and document the actions of those arrested, prior to and during the arrest. 21. Instruct subordinate members of the following PROHIBITED CONDUCT: a. Do not permit any subordinate to become complacent, regardless of their particular assignment. b. Do not permit any subordinate to break from formation or act independently, i.e., "Think Team." c. Do not permit sergeants to assign less than two officers to roof top posts, rear yards or alleys. (1) Ensure that only uniformed officers are given these assignments. d. Do not permit unnecessary conversation. e. Do not permit officers to congregate on post. f. Do not permit unauthorized radio transmissions. g. Do not permit sergeants to assign members in civilian clothes to rooftops, rear yards, or alleys. NOTE: A lieutenant is responsible for overseeing one mobile field force consisting of three to five squads, each consisting of one sergeant and eight police officers. In disorder control situations, it is imperative that lieutenants reinforce the "team concept" of working together to form a larger team and not individually. Each mobile field force can be given a variety of assignments (see ADDITIONAL DATA for listing of team assignments). SERGEANT 22. Respond quickly and safely to stationhouse, form squad of eight police officers, insure they are properly equipped and respond to mobilization point as directed by van. 23. Assume duties of squad sergeant. NOTE: Sergeants will be responsible for the performance of the squad they are assigned. Each squad will consist of eight police officers from the sergeant's respective precinct. 24. Prepare DETAIL ROSTER/ASSIGNMENT SHEET enroute to mobilization point. 25. May be directed to assist the Incident Commander in the operation of the field command post. 26. Assume duty as either the Operations, Personnel, Intelligence, or Logistics Officer (see ADDITIONAL DATA), if assigned to the field command post. 27. Have helmet, baton, flashlight, DETAIL ROSTER/ASSIGNMENT SHEET, and disorder control guidelines available on patrol in RMP. 28. Follow instructions of supervisors, inspect members assigned, submit DETAIL ROSTER/ASSIGNMENT SHEET, etc. 29. Ensure that portable radio is on designated frequency and maintain radio discipline of subordinates. 30. Direct that Department vehicle is parked in designated area only. 31. Have vehicle keys delivered to security detail, if required. 32. Conduct thorough inspection of members assigned. 33. Explain instructions carefully to all police officers assigned, instructing uniformed members concerned to record important information such as: a. Importance of team concept in disorder control. b. Post and/or sector boundaries. c. Nature of disorder. d. Equipment information. e. Mission of squad. f. Location and phone number of command post and arrest processing area. g. Identification of Incident Commander, platoon-mobile field force lieutenant, and other key ranking officers. h. Appropriate radio frequency and mobile field force/disorder control squad radio call signs. NOTE: Each squad will consist of one sergeant and eight police officers from the same precinct. Sergeants will be called by precinct designation, example "46th sergeant". Mobile field force will consist of precinct personnel as listed in ADDITIONAL DATA, page 8, e.g. 1st, 5th and 7th Precincts are designated the 1st mobile field force; 46th, 47th, 50th, and 52nd Precincts are designated the 9th mobile field force. Lieutenants will be called by their mobile field force designation, example "9th mobile field force lieutenant". Captains will command three mobile field forces of each borough and will be called by their borough designations, e.g., "Bronx captain". 34. Instruct subordinate members on the assignment guidelines as listed in step 20. 35. Instruct subordinate members on PROHIBITED CONDUCT as listed in step 21. POLICE OFFICER 36. Have helmet, baton, flashlight and disorder control guidelines available in RMP on patrol. 37. Respond quickly and safely to stationhouse or mobilization point as directed. 38. Follow instructions of supervisors. 39. Have portable radio tuned to designated frequency, when directed. 40. DO NOT drive through a disorder area to reach a mobilization point or staging area. 41. Park Department vehicle in designated space ONLY. a. DO NOT BLOCK OTHER VEHICLES. b. Give keys of RMP to security detail, if required. 42. Listen to instructions carefully and record important information such as: a. Post and/or sector boundaries b. Nature of disorder c. Mission of the team d. Equipment information e. Location and phone number of command post and arrest processing area f. Identification of squad sergeant and other ranking officers. g. Appropriate radio frequency and mobile field force/disorder control squad radio call signs. 43. Comply with instructions on the assignment guidelines listed in step 20. 44. Comply with instructions on PROHIBITED CONDUCT listed in step 21. ADDITIONAL DATA TEAM ASSIGNMENTS * CROWD DISPERSAL - Responsible to take action against unlawful and disorderly groups. In line or wedge formations direct team to disperse a disorderly crowd. * MOBILE RESPONSE - Required to create sectors in the disorder area for patrol by mobile response units. Also responsible to create a mobile reserve for emergency response and reliefs. * ARREST DUTY - Required to implement appropriate arrest tactics under the supervision of sergeants and lieutenants. * GENERAL PATROL - Responsible to provide teams assigned to foot patrol to create a sense of police presence in area. Required to select appropriate posts for patrol. * PROTECTING VULNERABLE, SENSITIVE OR CRITICAL LOCATIONS - Responsible for correctly identifying locations and providing security for designated areas. * ESCORT DUTY - Maintain a liaison with other agencies and utilities, and provide staging locations where the system of escorts can be administered. * CHECKPOINT DUTY - Identify borders of the disorder and provide checkpoints on appropriate roadways to create a system to: a. Detour traffic around the disorder area b. Identify alternate routes for detoured traffic c. Prevent unauthorized entry into the disorder area d. Prevent disorderly groups from entering or exiting disorder area. REV 02-01 issued 01/25/02 deleted the summary of duties uniformed members of the service may be required to perform when assigned to the command post. MOBILE FIELD FORCE ASSIGNMENTS PATROL SERVICES BUREAU MOBILE FORCE PBMS FIELD NUMBER 1 2 3 SUBTOTAL PBMN 2ND & 3RD PLATOONS (1 SGT. AND 8 POs PER PRECINCT) SGTs POs 3 24 4 32 3 24 10 80 1ST PLATOON (1 SGT. PER MOBILE FIELD FORCE 2 POs PER PRECINCT) SGTs POs PCTS ASSIGNED 1 6 1-5-7 1 8 6-9-10-13 1 6 MTS-17-MTN 3 20 4 5 6 4 4 4 12 32 32 32 96 1 1 1 3 8 8 8 24 19-20-CPP-24 26-30-33-34 23-25-28-32 7 8 9 4 4 4 12 32 32 32 96 1 1 1 3 8 8 8 24 40-42-44-48 41-43-45-49 46-47-50-52 10 11 12 4 5 4 13 32 40 32 104 1 1 1 3 8 10 8 26 60-61-62-70 66-68-72-76-78 63-67-69-71 13 14 15 3 4 3 10 24 32 24 80 1 1 1 3 6 8 6 20 73-75-81 77-79-84-88 83-90-94 16 17 4 4 8 32 32 64 1 1 2 8 8 16 102-103-106-107 100-101-105-113 18 19 32 32 64 1 1 2 8 8 16 104-108-114-115 109-110-111-112 SUBTOTAL 4 4 8 PBSI 20 TOTAL PSB 3 76 24 608 1 20 6 152 120-122-123 6 PER TRANSIT SUBTOTAL PBBX SUBTOTAL PBBS SUBTOTAL PBBN SUBTOTAL PBQS SUBTOTAL PBQN TRANSIT BUREAU MFF 1 3 24 1 2 3 TOTAL TD 4 4 11 32 32 88 1 1 3 8 8 22 PLAN (SEE ADD. DATA, page 12) ANY 3 PSAs DO DO HOUSING BUREAU 1 2 3 TOTAL HB 3 3 3 9 24 24 24 72 1 1 1 3 6 6 6 18 GRAND TOTAL 96 768 26 192 NOTE: Mobile field forces are a method of organizing personnel into working groups utilizing the "old" geographical patrol division format with the exception of Patrol Borough Queens North and Queens South. The Housing Bureau and Transit Bureau will organize their mobile field forces as per their own Bureau plans. TRANSIT BUREAU RESPONSE PLAN The Transit Bureau patrol boroughs do not currently correspond to the geographical and administrative patrol boroughs of the Patrol Services Bureau. To address this, the following response plan will be utilized: PATROL BOROUGH MOBILIZED 2ND & 3RD PLATOON RESPONSE PER DISTRICT 1ST PLATOON RESPONSE PER DISTRICT DISTRICT(S) REQUIRED TO RESPOND PBMS 1 SGT. & 8 POs 2 POs 2 & 4 PBMN 1 SGT. & 8 POs 2 POs 1 & 3 PBBX 1 SGT. & 8 POs 2 POs 11 & 12 PBBS 1 SGT. & 8 POs 2 POs 32 & 34 PBBN 1 SGT. & 8 POs 2 POs 30 & 33 PBMS AND PBQS 1 SGT. & 8 POs 2 POs 20 PBSI NONE NONE NONE RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Unusual Disorder Plan-Formulating Plan (P.G. 213-08) Unusual Disorder Maps (P.G. 213-07) Unusual Disorder Kits (P.G. 213-09) Unusual Occurrence Reports (P.G. 212-09) Mayor's Plan For Coordinated Action At Emergencies (A.G. 316-06) FORMS AND REPORTS DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) P.G. 213-06 Large Scale Arrest Processing Procedure Date Effective: 08-01-13 PURPOSE To establish a coordinated arrest processing procedure for situations in which the number of arrests effected is, or is anticipated to be, in excess of twenty persons, (i.e. organized demonstration, large scale disorder, large police enforcement initiatives, etc.). NOTE: In the borough of Manhattan or SAT/COM Brooklyn North, the former Manhattan Central Booking facility, (enabled with OLBS and Livescan capabilities), is available to process arrests. Commanding officers interested in using this facility must notify the Commanding Officer, Manhattan Court Section. PROCEDURE When it is anticipated that a large number of arrests will be effected: BOROUGH COMMANDER 1. Establish and maintain a list of all the precinct stationhouses within the Patrol Borough, in priority order, for utilization to process up to twenty persons in mass arrest situations. NOTE: Each of the eight Patrol Boroughs will forward an updated copy of this list to the Operations Unit. 2. Establish priority of the stationhouses to be utilized based on each precinct stationhouse's ability to simultaneously process multiple prisoners with minimal interference to that command's day to day operations. NOTE: When determining the priority in which precinct stationhouses will be utilized first in each Patrol Borough, consideration will be given to the precinct's physical layout, its ability to secure multiple prisoners at one time and the space available for arresting/assigned officers to prepare required arrest related forms and reports, (geographical considerations may also be given at the actual time of the incident before precincts are utilized). INCIDENT COMMANDER 3. Have groups of no more than twenty prisoners with their arresting/assigned officers and one supervisor from the scene of arrest, transported to designated precinct stationhouse(s) via patrol wagon. NOTE: Every effort will be made to have arresting/assigned officer's process no more than five prisoners and the arrest supervisors assigned no more than four arresting/assigned officers, when practical. 4. Ensure arresting/assigned officers have definite knowledge of the arrest, and can articulate the factual elements of the offense for which the arrests were effected. 5. Have the desk officer of the processing precinct notified of the number of prisoners that are enroute to their command for processing. NOTE: Precinct commanders will ensure that their commands have an adequate supply of arrest related forms and reports readily available in the event their stationhouse is utilized. ARREST SUPERVISOR 6. Ensure that each prisoner is photographed with their arresting/assigned officer before boarding patrol wagon and affix MASS ARREST PEDIGREE LABEL (PD244-093) to each printed digital photo, with all relevant captions completed. 7. Contact the Incident Commander/Command Post, upon arrival at processing precinct stationhouse, to verify if prisoners will be processed as on-line arrests or be issued DESK APPEARANCE TICKETS (PD260-121) and/or Criminal Court Summonses, if qualified. 8. Ensure that city, state and federal warrant checks are performed. 9. Directly supervise all arrest processing, as per that borough's arrest processing procedures. NOTE: The precinct Arrest Processing Officer (APO), will assist the arrest processing supervisor and arresting/assigned officer in all computer functions and ensure all appropriate forms are prepared so that the District Attorney's Office will be able to prepare a Sworn Complaint. The primary function of the Arrest Processing Officer is to return the arresting/assigned officer to patrol during large scale demonstrations, disorder or enforcement initiatives. The arrest processing supervisor will identify another member of the service, who is qualified in Livescan, to fingerprint ALL prisoners that are required to be fingerprinted. 10. Review and sign, where appropriate, all arrest related documents and forms for accuracy and completeness upon completion of arrest processing, including DESK APPEARANCE TICKETS and Criminal Court Summonses issued (ensuring the appropriate return date has been issued). 11. Contact Incident Commander/Command Post to receive approval before releasing any defendant issued a DESK APPEARANCE TICKET or Criminal Court Summons, and if applicable, to request transportation to the appropriate Court for prisoners processed as on-line arrests. ADDITIONAL DATA When a large scale arrest situation is anticipated, the commanding officer concerned is to notify the concerned borough Court Section supervisor, via telephone message, with all pertinent information, including the date and time of scheduled event and the anticipated number of arrests. The Borough Court Section will then make appropriate notifications to the District Attorney's Office and Office of Court Administration to ensure all arrests are processed expeditiously. If large scale arrest situations are scheduled sufficiently in advance, and the number of anticipated arrests dictate it, a centralized processing area may be utilized and coordinated through the concerned Borough Court Section. RELATED PROCEDURES Criminal Court Summonses - Graphic (P.G. 209-11) Arrest By A Civilian (P.G. 208-04) Desk Appearance Ticket - General Procedure (P.G. 208-16) Command Post Operations (P.G. 213-01) FORMS AND REPORTS DESK APPEARANCE TICKET (PD260-121) MASS ARREST PEDIGREE LABEL (PD244-093) P.G. 213-07 Unusual Disorder Maps Date Effective: 08/01/13 PURPOSE To provide responding personnel with a graphic representation of possible police deployment and operation during an unusual disorder. NOTE: Unusual disorder maps are also used to graphically represent actions taken by responding personnel as well as incidents, crimes, protest marches, etc., within the precinct concerned. These maps allow for the cross-referencing of the situation and intelligence logs and the personnel status boards. Additionally, these maps are an invaluable tool for both the incident commander and the command post staff. COMMANDING OFFICER 1. Procure eight large wall type precinct/police service area/transit district area maps from the Communications Division, Cartography Section. 2. Mark each with sensitive and key locations necessary for operations planning in an unusual disorder. 3. Indicate the following locations by the corresponding colors and symbols: GUN STORES RED UTILITY FACILITIES BLUE DIPLOMATIC FACILITIES ORANGE RADIO REPEATERS GREEN BUSINESS DISTRICTS OUTLINED IN BLACK MOBILIZATION POINTS AND LANDING ZONES BLACK MISCELLANEOUS AS DETERMINED BY COMMANDING OFFICER YELLOW SEE PATROL GUIDE ILLUSTRATIONS NOTE: These key and sensitive locations will by marked in two ways, as follows: a. One by color indicating its location and type, and b. One by graphic symbol, as indicated above. Exact locations will be indicated, where possible, by drawing an arrow between the location in the appropriate color and the appropriate symbol on the side of the map. 4. Prepare an index listing the facilities on the map on separate sheet of paper and permanently attach the index to a non-essential area on the front of the map. NOTE: Utilize a letter and number type index to differentiate between similar locations. For example, if there are three gun stores in the precinct/police service area/transit district area, they are listed on the map index as "A1," "A2," and "A3." 5. Forward all eight maps to the Police Academy, Reproductions Unit, for lamination. MEMBER CONCERNED, POLICE ACADEMY REPRODUCTION UNIT 6. Laminate maps and return them, when completed, to originating command. COMMANDING OFFICER, CONCERNED 7. Retain two laminated maps at command. a. Distribute the remaining six maps, as follows: (1) Two each to: (a) Patrol borough concerned (b) Operations Unit (c) Disorder Control Unit RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Duties At Unusual Disorders (P.G. 213-05) Unusual Disorder Plan - Formulating Plan (P.G. 213-08) Unusual Disorder Kits (P.G. 213-09) Unusual Occurrence Reports (P.G. 212-09) Mayor's Plan For Coordinated Action At Emergencies (A.G. 316-06) P.G. 213-08 Unusual Disorder Plan - Formulating Plan Date Effective: 08/01/13 PURPOSE To formulate plans for suppressing unusual disorder. PROCEDURE When commanding officers concerned (see ADDITIONAL DATA) are required to formulate and maintain unusual disorder plans: BOROUGH CHIEF/BOROUGH COMMANDER/COUNTERPART 1. Direct commanding officers of subordinate commands to formulate and submit an unusual disorder plan following the outline listed in ADDITIONAL DATA. PRECINCT/UNIT COMMANDER 2. Evaluate current unusual disorder plan of command. 3. Formulate new plan following the outline listed in ADDITIONAL DATA. 4. Prepare plan utilizing current Department word processing software. a. DO NOT skip any appendix listed in outline. NOTE: If an appendix does not apply, prepare a blank page listing the appendix and the statement "DOES NOT APPLY TO THIS COMMAND." 5. Forward disk, if available, and a printed copy of plan to bureau chief/ borough commander or counterpart. BUREAU CHIEF/BOROUGH COMMANDER/COUNTERPART 6. Consolidate and review all unusual disorder plans for completeness and accuracy. BOROUGH COMMANDER/COUNTERPART 7. Have a file created for unusual disorder plans at the borough "wheel," borough task force command and borough command post vehicle. 8. Formulate and prepare an unusual disorder plan for the borough utilizing the appropriate appendices in ADDITIONAL DATA to convey instructions and advice to subordinate commands regarding borough policies and procedures. 9. Have borough unusual disorder plan prepared utilizing current Department word processing software. BUREAU CHIEF/BOROUGH COMMANDER/COUNTERPART 10. Submit disks, if available, and printed copies of plans to Office of the Chief of Department for review. NOTE: Unusual disorder plans will be updated yearly with changes noted on a cover sheet and forwarded to the Office of the Chief of Department by February 1st each year. Bureau/borough/unit commanders may conduct a more frequent review of disorder plans, as necessary. CHIEF OF DEPARTMENT 11. Review unusual disorder plans submitted from bureau chiefs/borough commanders or counterparts. 12. Forward approved plans to bureau chief/counterpart or borough commander/ counterpart concerned, through channels. a. Forward copies of all completed unusual disorder plans and disks to the Disorder Control Unit. BUREAU CHIEF/BOROUGH COMMANDER COUNTERPART 13. Ensure approved disorder plans are available on a twenty-four hour basis. 14. Have the unusual disorder plan, in a binder, maintained at the desk and in patrol supervisors' RMPs. 15. Instruct members of the command of: a. The location and routes to the precinct mobilization points b. Emergency routes, particularly those which pass through the confines of precinct. 16. Have a map with the mobilization points displayed in the sitting room. ADDITIONAL DATA Commanding officers of the following commands are required to formulate and maintain unusual disorder plans: a. All patrol precincts b. All patrol boroughs c. All borough task forces d. Detective Bureau e. Missing Persons Squad f. Organized Crime Control Bureau g. Housing Bureau (response to a city-wide condition) h. Transit Bureau (response to a city-wide condition) i. All police service areas j. All transit districts and task forces k. Criminal Justice Bureau l. Fleet Services Division (including Fuel Control Unit) m. Property Clerk Division n. Quartermaster Section o. Special Operations Division (including sub-units not listed) p. Emergency Service Unit (including all sub-units) q. Street Crime Unit r. Harbor Unit s. Aviation Unit t. [I.O .1 s 11] Chief of Transportation (including sub-units not listed) u. Highway District v. Mounted Unit w. Applicant Processing Division x. Deputy Commissioner - Legal Matters y. Deputy Commissioner - Community Affairs z. Communications Division aa. Electronics Section bb. Operations Division FORMAT TO BE FOLLOWED WHEN PREPARING UNUSUAL DISORDER PLAN SECTION I APPENDIX A INTRODUCTION AND INSTRUCTIONS (1) PATROL PRECINCTS, POLICE SERVICE AREAS AND TRANSIT DISTRICTS (a) Describe precinct, police service area and transit district demographics including: -Physical description -Ethnic breakdown -Religious breakdown (b) Include important characteristics or short historical analysis of past disorders, feuds, bias problems, etc. - Include recent events where appropriate. (c) Outline duties and local tactics to be followed when disorder is: - Localized - Enveloping the entire command - Involving multiple precincts, districts or police service areas (d) Sectoring, perimeter checkpoints and linear strategy should be evident in these plans. (2) OTHER THAN COMMANDS LISTED ABOVE (ORGANIZED CRIME CONTROL BUREAU, PROPERTY CLERK DIVISION, ETC.) (a) Describe your anticipated participation in an unusual disorder response and how you intend to accomplish your mission. (b) How many personnel will be rescheduled if required and available for deployment? (c) What procedures will be instituted to ensure sufficient personnel to carry out your anticipated mission in an unusual disorder response? APPENDIX B VULNERABLE LOCATIONS (1) Each group of locations should be listed in priority order, with supplied post lists, for patrol coverage, i.e.: (a) COMMERCIAL PRIORITY 1 PRIORITY 2 (b) OTHER LOCATIONS PRIORITY 1 APPENDIX C SENSITIVE LOCATIONS (1) List sensitive locations, with appropriate post lists, by type in priority order, as follows: (a) Gun shops (b) Sensitive religious locations (c) Public Utilities (d) Sensitive diplomatic locations (e) Storage sites of large quantites of hazardous materials (f) Any other locations deemed necessary by the commanding officer. APPENDIX D MOBILIZATION POINTS - HELICOPTER LANDING ZONES (1) Identify two mobilization points in your command with staffing levels and post lists for traffic control and security. (2) Identify alternate staging areas with post lists for security and traffic control. (3) Identify rest areas, i.e., two city schools within your command to be used as rest/staging areas for reporting members. (a) Include posts/ staffing to provide security. (4) Identify a "Helicopter Landing Zone" with post lists to secure location. (a) Submit proposed helicopter landing zone information on Typed Letterhead to the Commanding Officer, Aviation Unit for final approval. (5) Identify docking locations for Harbor Unit in precincts that border water. NOTE: When creating post assignments as required in Appendices B, C, and D, remember the principle of economy of force. Utilize the minimum number of officers for defensive post assignments using the one sergeant and eight police officer squad concept. APPENDIX E SPECIAL TACTICAL PLANS (1) Include a summary of specialized plans already existing in your command, such as Halloween, yearly, or frequent protest rally plans including plans used to regulate them for the past three years. APPENDIX F EQUIPMENT/SPECIALIZED UNIT REQUIREMENTS NEEDED TO EFFECTIVELY IMPLEMENT PLANS AND TACTICS (1) List all motor vehicles, bicycles, boats, aircraft, number of animals assigned to command by type (2) List number of portable radios (3) List additional equipment needed to implement plans and tactics. APPENDIX G DETENTION FACILITIES (1) List detention facilities within your command boundaries not including those in your building suitable for processing of prisoners, after conferral with Criminal Justice Bureau. (a) Include security post list for each facility. APPENDIX H PERSONS KEY TO COMMUNITY STABILITY (1) Lists should include telephone number, beeper number (if available), address, etc. Persons listed should be grouped as follows: - Elected officials - Clergy - Community Council members - Community Board members - School officials - Other community/civic organizations - Other prominent persons. NOTE: Include instructions, after conferral with borough commander, on how to notify those persons listed above. SECTION II APPENDIX I COORDINATION OF EFFORTS WITH OTHER AGENCIES OR POLICE DEPARTMENTS OPERATING WITHIN THE AFFECTED AREA. (1) List contact persons and telephone numbers. (2) Describe the role and contribution of these agencies during an unusual disorder. (a) Confer with these agencies. (3) List locations and designations of local agency sites (i.e., firehouses, sanitation garages, ambulance bases, etc.). (4) List vehicle fueling locations at other agencies within your command. APPENDIX J KEY PERSONNEL (PRECINCT OR UNIT) (1) List key personnel, with home telephone numbers and addresses, i.e., operations coordinator, special operations coordinator, community policing sergeant, etc. (a) Include notification instructions for each mobilization level. APPENDIX K PRECINCT SECTOR DESCRIPTIONS, (OR EQUIVALENT FOR HOUSING BUREAU AND TRANSIT BUREAU), BOUNDARIES, MAPS APPENDIX L COMMUNITY POLICE BEAT OFFICERS AND BEAT BOUNDARIES (1) COMMUNITY POLICING PERSONNEL: (a) List names and home telephone numbers of all sergeants and police officers assigned and identify their beats. APPENDIX M EMERGENCY TRANSPORTATION AVAILABLE IN YOUR COMMAND. (1) Include commercial buses, ferries and heliports. APPENDIX N LOCAL HOSPITALS\NURSING HOMES (1) List all hospitals\nursing homes, with a list of each hospitals\nursing homes' key administrators, within your command. (a) List established emergency routes to local hospitals\nursing homes. (b) List the facilities that may require assistance in the event of a power outage or interruption. (2) Include a floor plan (a clear, legible and simplified sketch) of hospital emergency room and telephone numbers of key departments within each hospital. NOTE: Include an 8 1/2 X 11 inch map with Appendix "B," "C," "D," "K" and "L." Each map should be specific to the information in that appendix. RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Duties At Unusual Disorders (P.G. 213-05) Unusual Unusual Unusual Mayor's Disorder Maps (P.G. 213-07) Disorder Kits (P.G. 213-09) Occurrence Reports (P.G. 212-09) Plan For Coordinated Action At Emergencies (A.G. 316-06) FORMS AND REPORTS Typed Letterhead P.G. 213-09 Unusual Disorder Kits Date Effective: 08/01/13 PURPOSE To provide readily available clerical supplies and Department forms for use at unusual disorder scenes. COMMANDING OFFICER 1. Maintain at a readily available storage location, with command post log and flag, an unusual disorder kit containing the following: ITEM Copy of precinct/police service area/ transit district "Unusual Disorder Plan" AMOUNT 1 NOTE: An additional copy of precinct/police service area/transit district Unusual Disorder Plan will be separated by Appendix, placed in individual manila folders, and appropriately labeled according to area. Folders will be delivered to, and available for, reference at field command post. Copy of Patrol Guide 213 Series 1 Precinct/police service area/transit district map (large laminated - see ADDITIONAL DATA) 2 Precinct/police service area sector map (small, reproduced on photocopy machine) 75 Number 1 book 2 Writing tablet, lined, 8 1/2" X 14" 4 Multi-service envelope 15 Paper clips 2 boxes Stapler 1 Staples 1 box Dry eraser markers 1 set Index cards, 4" X 6" 200 Rubber bands 1 box [I.O. 66 s 13] DEPARTMENT FORMS ACCIDENT REPORT - CITY INVOLVED (PD301-155) AIDED REPORT WORKSHEET (PD304-152B) COMPLAINT REPORT WORKSHEET (PD313-152A) DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) AMOUNT 50 200 200 200 IDENTIFICATION TAG (PD317-091) MISSING - UNIDENTIFIED PERSON REPORT (PD336-151) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) TAG (PD521-091) 100 50 200 300 2. Instruct desk officers to dispatch unusual disorder kit to a scene of an unusual disorder, when required. 3. Obtain additional supplies, if required during an unusual disorder, from command post vehicle, adjoining commands or Quartermaster Section. 4. Replace expended supplies without delay. 5. Cause semiannual inspection of unusual disorder kit and place supplies that are missing, obsolete, deteriorated, etc. ADDITIONAL DATA Large laminated maps will be prepared as per P.G. 213-07, "Unusual Disorder Maps." RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Duties At Unusual Disorder (P.G. 213-05) Unusual Disorder Plan - Formulating Plan (P.G. 213-08) Unusual Disorder Maps (P.G. 213-07) Unusual Occurrence Reports (P.G. 212-09) Mayor's Plan For Coordinated Action At Emergencies (A.G. 316-06) P.G. 213-10 Emergency Mobilization Of Off Duty Personnel Date Effective: 08/01/13 PURPOSE To direct the mobilization of off duty members of the service (uniformed and civilian) during emergencies. SCOPE In the event of a mobilization of off duty personnel, members of the service (uniformed and civilian) who are scheduled to report for duty with the next scheduled platoon or are on a scheduled regular day off (RDO), will report to their permanent command or, if directed, an alternate mobilization point. Uniformed members of the service in the rank of captain or above will, in all cases, report to their permanent command. All other members will report as per their regularly scheduled tours. EXAMPLE - An off duty mobilization is activated on the third platoon. Those members scheduled to report for duty with the next scheduled first platoon, as well as all members on a regular day off, will immediately report to their permanent commands or mobilization points, as directed. All other members will report for their next scheduled tour of duty. Adhering to this schedule will allow for relief of mobilized personnel if the condition which originally necessitated the mobilization continues over an extended period. NOTE: Off duty members of the service required to respond as per this procedure are being ordered to report for duty. Activation of this procedure will be transmitted via television, radio, or telephone. For the purposes of this procedure the standard first, second and third platoon system will be utilized. Members of the service not assigned to tours within this platoon system will be considered assigned to the platoon in which the majority of their tour hours are performed. OFF DUTY MOBILIZATION PLATOON ASSIGNMENTS MAJORITY OF TOUR PERFORMED DURING: PLATOON ASSIGNED TO: 0000 hours - 0800 hours 0800 hours - 1600 hours 1600 hours - 2400 hours First Platoon Second Platoon Third Platoon The primary mobilization point for all activated off duty members of the service will be their permanent command. However, if circumstances dictate otherwise, the Police Commissioner, First Deputy Commissioner or the Chief of Department may require response to alternate mobilization points. Such alternate response points, determined by the member's residence, will be as follows: LOCATION OF RESIDENCE DESIGNATED MOBILIZATION POINT * New York City (except Staten Island) Permanent command * Staten Island 122nd Precinct (if permanent command is not on Staten Island) * Westchester, Rockland, Orange or Putnam Counties 50th Pct. Mobilization Point at Van Cortlandt Park, Broadway and Mosholu Avenue * Nassau and Suffolk Counties: * North of Long Island Expressway Flushing Meadows Park, 110th Pct. at the Queens Museum opposite the Unisphere * South of Long Island Expressway 113th Pct. Mobilization Point at Baisley Pond Park, 150th Street and 133rd Avenue ASSIGNMENT OF MOBILIZED PERSONNEL All mobilized personnel and all personnel already on duty will be organized into squads consisting of one supervisor and eight police officers/detectives. Squad assignments will be recorded on DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141). To facilitate assignment, redeployment, and relief of personnel, members will be assigned and categorized as "on duty," "next platoon," and "regular day off." Mobilized members from the Patrol Services Bureau, Housing Bureau, and Transit Bureau will be assigned to the operational control of their respective bureau. Mobilized personnel assigned to the next scheduled platoon will be utilized as per the needs of their permanent command. Personnel mobilized on their RDO will be organized into mobile field forces and deployed as rapid response units by their respective borough commands. Mobilized Organized Crime Control Bureau personnel will be organized into mobile field forces for deployment as rapid response units, under the operational control of the Operations Unit. NOTE: A "mobile field force" is a platoon, under the command of a lieutenant, composed of three to five squads, consisting of one supervisor and eight police officers/detectives. The Chief of Detectives will determine which Detective Bureau personnel will be assigned to investigative functions, if necessary. Mobilized personnel not utilized in investigative functions will be assigned as directed by the Operations Unit. Other personnel (mobilized and on duty) not specifically assigned in this procedure will be deployed by the Operations Unit to supplement personnel within the Patrol Services Bureau, Housing Bureau and Transit Bureau. Mobilized civilian members of the service will perform their routine duties at their permanent command, unless otherwise directed. PROCEDURE Upon the direction of the Police Commissioner, First Deputy Commissioner, or the Chief of Department: COMMANDING OFFICER/DESK OFFICER, OPERATIONS UNIT 1. Prepare a off duty mobilization message detailing the pertinent information and instructions relative to the emergency situation and directing: a. All members of the service (uniformed and civilian) who are scheduled to report for duty with the next scheduled platoon, or are on a regular day off, to report to their permanent commands without delay, unless otherwise directed. NOTE: The mobilization point (either permanent command or alternate) will be determined by the Police Commissioner, First Deputy Commissioner or the Chief of Department. b. All other members of the service (uniformed and civilian) to report for their normally scheduled tours. c. Suspension of all training until further notice. 2. Request the Deputy Commissioner - Public Information have the off duty mobilization message broadcast over radio and television. 3. Activate and staff the Operations Unit Command Post and the NYPD Emergency Operations Center. 4. Direct and coordinate the movement of personnel and equipment during the emergency. 5. Direct the Communications Section to designate a telephone number for use by mobilized members of the service whose permanent command is closed. 6. Direct commands to make telephone notifications to members if off duty mobilization message is transmitted during early morning hours or at other times when members may not hear it. a. Notifications will also be directed if initial response of personnel is inadequate. 7. Notify key command personnel, direct. NOTE: Deputy commissioners/bureau chiefs will provide the Operations Unit with a list of key command personnel to be notified in case of emergency. Included in that list will be a designated liaison officer (captain or above) who will act as a liaison with the Operations Unit. The liaison officer will be available to respond to the Operations Unit Command Post/NYPD Emergency Operations Center. Deputy Commissioners/Bureau Chiefs will be responsible for updating these lists and notifying the Operations Unit of changes. 8. Request commands with Department buses and/or New York City Transit to dispatch buses to activated mobilization points or other location where needed. a. Notify commands concerned of the number of buses responding. 9. Direct the Fleet Services Division to prepare the emergency fleet for assignment and report the availability of fuel at Department facilities to the Operations Unit. NOTE: Department vehicles, not in use, should be utilized if Department or New York City Transit buses are not available. In addition, the railway/subway systems and water vessels may be utilized. 10. Notify the precincts and patrol boroughs concerned to activate and staff designated alternate mobilization points, if necessary. 11. Direct the [I.O 1 s 11] Chief of Transportation to dispatch personnel as follows: a. Highway District vehicles to mobilization points to escort buses. b. Traffic control personnel to assist with traffic control at designated alternate mobilization points. 12. Designate a telephone number for use by mobilized members of the service whose permanent commands are closed at the time of the mobilization. a. Prepare a tape-recorded message that will continuously inform members of the service of mobilization particulars. b. Update message as needed. PATROL BOROUGH COMMANDER 13. Activate patrol borough command post, if not already activated. 14. Establish procedures for the coordination of precinct/designated mobilization points within the patrol borough. a. Maintain adequate communications between mobilization points and patrol borough. 15. Arrange for the rapid loading of buses to transport members of the service to their permanent commands if a mobilization point has been activated within the patrol borough. COMMANDING OFFICER/RANKING MEMBER – PERMANENT COMMANDS 16. Organize personnel (on duty and mobilized) into squads consisting of one supervisor and eight police officers/detectives. a. Record on DETAIL ROSTER/ASSIGNMENT SHEET by categories - "on duty," "next platoon," or "regular day off." 17. Assure adequate parking facilities are available for responding members. a. Street may be closed to provide parking areas. b. Provide security for such areas. 18. Notify patrol borough/counterpart of number of the following: a. Personnel available, by rank. b. Number of squads, by category. c. Number of personnel that have been assigned to address the needs of the command. d. Number of operational vehicles, by type. NOTE: Patrol boroughs/counterparts will consolidate the personnel and vehicle figures and report the totals to the Operations Unit. 19. Designate an existing telephone line(s), i.e., roll call, clerical, etc., to be utilized by members of the service for mobilization instructions. a. Designated line (s) should be one that will not adversely affect the command's ability to conduct Department business. 20. Assign personnel to establish and maintain the mobilization point, if activated, within the command. 21. Direct that telephone notifications be made to members of command, if off duty mobilization message is transmitted during early morning hours, or at other times when members may not hear it or if response is inadequate. 22. Notify key command personnel, direct (by telephone, through resident precinct, or other available means). RANKING MEMBER AT MOBILIZATION POINTS 23. Establish field command post. 24. Arrange for traffic posts along routes into mobilization point. a. Request assistance from Transit Bureau for traffic control. 25. Arrange for security posts. 26. Assure that adequate parking is available for responding members of the service. a. Streets may be closed to provide parking and such areas should be identified and provided with proper security. 27. Arrange for transportation of personnel to permanent commands. a. Arrangements will be made through the patrol borough concerned to the Operations Unit. 28. Notify the Operations Unit of the number of personnel, by rank, who have reported for duty and the number who have been transported to their permanent commands. DEPUTY COMMISSION-ERS/BUREAU CHIEFS 29. Prepare internal plans to assure operation and staffing of all necessary subordinate commands during an emergency. 30. Submit internal plans for mobilizing off duty members of the service (uniformed and civilian) to the Chief of Department and the First Deputy Commissioner, for approval. a. These plans shall be included in the command's "Unusual Disorder Plan," if applicable. b. Unusual Disorder Plans are to be reviewed annually and submitted to the Office of the Chief of Department, through channels, by February 1st, each year. NOTE: Plans shall include instructions for the mobilization of uniformed members of the service beyond those needed to maintain essential services, and for those assigned to commands that are closed. The plan should specify mobilization points and a procedure for notifying the Operations Unit for appropriate deployment instructions. Overhead commands, e.g., Patrol Services Bureau, Housing Bureau, Detective Bureau, etc., will maintain communications with the Operations Unit. Sub-units will not call the Operations Unit direct. Such plans will be on file at the Operations Unit. ADDITIONAL DATA If a specialized unit mobilization, requiring the off duty mobilizations of members assigned to that specialized unit only, is called, this procedure will not be implemented. The "Unusual Disorder Plans", for bureaus/commands/units, can be utilized for those purposes. These "Unusual Disorder Plans" contain listings of key personnel to be recalled. RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Unusual Disorder Plan - Formulating Plan (P.G. 213-08) FORMS AND REPORTS DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) P.G. 213-11 Policing Special Events/Crowd Control Date Effective: 08/01/13 PURPOSE To provide police presence and crowd control at special events. DEFINITIONS For the purposes of this procedure, the following definitions will apply: INCIDENT COMMANDER - The highest ranking uniformed police supervisor responsible for the command, control and coordination of all incident operations. For planned events such as parades, demonstrations, and similar situations, the precinct commanding officer will ordinarily be designated as incident commander. If the event occurs in two or more commands within the same patrol borough, the patrol borough commander will be designated as incident commander, and in cases where the event affects more than one patrol borough, the Chief of Patrol will be designated as incident commander. PLACES OF PUBLIC ASSEMBLY: Locations where events open to the public are held. Examples include, but are not limited to: stadiums, theaters, arenas, school auditoriums, gymnasiums, meeting halls, ballrooms, armories, field and street areas where events are held, etc. SPECIAL EVENT: An event which, based on an evaluation of factors including but not limited to the following, would lead a commanding officer to reasonably believe that special police coverage, presence, or response may be needed, based on the following factors: a. Size and demographics of crowd expected to attend event b. Size and layout of the event facility c. Past critiques of similar events d. Criminal history of location e. Availability of alcohol f. Presence of notables/personalities, live music or entertainers g. Previous history of disruption or problems associated with or due to reputations of, or specific issues related to speaker or performers h. Manner of ticket sales (box office, advance tickets, door sales, mail, lottery, outlets, etc.) i. Manner of admission (advance tickets, door sales, free admission, etc.) j. Nature or sensitivity of the event k. Presence of private security l. Presence or possibility of opponents or counter demonstrators. Such events may be either routine or outside of the normal course of business of the facility concerned. PROCEDURE Upon receiving information that a special event will be held at a location of public assembly: MEMBER RECEIVING INFORMATION 1. Provide all pertinent information to incident commander concerned. a. Notify Operations Unit direct if time is a factor. INCIDENT COMMANDER 2. Assign a supervisor to conduct pre-event survey. a. Forward copy of information received to Intelligence Bureau for inclusion in database. NOTE: Provide basic information regarding event site from precinct file, if available. SUPERVISOR ASSIGNED 3. Confer with community affairs officer(s), operator of facility, event sponsor(s), security coordinators and other parties involved with event. 4. Review event preparations with operator of facility. 5. Conduct pre-event survey of location, when appropriate. 6. Report results to incident commander concerned. INCIDENT COMMANDER 7. Review information received and make preliminary determination of what, if any, Department resources are required, e.g., special attention, assignment of detail, special equipment, etc. 8. Notify next higher command, of information received and preliminary determination. WHEN NECESSITY OF PRE-EVENT PLANNING CONFERENCE IS INDICATED: 9. Convene planning conference, at facility where event is to be held, with operator, event sponsor(s), security coordinator, representative of next higher command, Operations Division, and other parties involved. NOTE: If pre-event survey indicates possibility of large crowd exceeding facility capacity or medical assistance being needed, the Fire Department will be notified to have a representative at the conference. 10. Request to have representative(s) present at inter-agency conference with the event organizers and facility management, if pre-event survey indicated that other city agencies may be needed. 11. Evaluate the event, by determining the following: a. Organizer's past experience with similar events b. Likelihood of planned event drawing large crowds c. Demographics of crowd likely to attend the event. 12. Obtain information regarding admission to event and determine: a. If paid or by free admission b. Amount of advance sale tickets anticipated c. Anticipated ticket sales at gate on day of the event and ticket sale locations at site, as well as ticket pickup locations d. Number of entrances available for ticket holders e. Plans, if any, for non-ticket holders, waiting lines, ropes, ushers, security personnel, etc. f. If magnetometers are to be used at event. 13. Determine if all necessary permits have been requested and/or obtained. 14. Determine if security force is armed. 15. Ascertain if alcoholic beverages are going to be served at the event. 16. Confer with Intelligence Bureau to determine past history of similar events, if deemed appropriate. a. Conduct background checks on armed security (if known), event sponsors and the premises, if necessary. 17. Notify next higher command concerned of pre-event planning conference findings. NOTE: In appropriate cases, the Intelligence Bureau will be conferred with to check the history of past events. The Police Department will not engage in any investigation of political activity except through the Public Security Section of the Intelligence Bureau and such investigation will be conducted as set forth in the guidelines contained in P.G. 212-72, "Guidelines for Uniformed Members of the Service Conducting Investigations of Unlawful Political Activities." WHEN RESULTS OF PRE-EVENT SURVEY OR CONFERENCE INDICATE NECESSITY OF POLICE PRESENCE: 18. Ensure other city agencies NOT represented at the pre-event planning conference (Fire Department, Parks Department, New York City Transit, Department of Sanitation, etc.,) have been notified, and receive all pertinent information, as necessary. 19. Request Deputy Commissioner Public Information disseminate appropriate information to the media regarding police presence, contact information, zero tolerance enforcement policy, etc. [I.O. 14 s 09] NOTE In cases in which a special event is a demonstration, information on expected street and sidewalk closings and information on how the public may access a demonstration site will be disseminated to the media and event organizers and should, if possible, be posted on the Department's website. Officers assigned to such events should be given detailed instructions on such closings and points of access prior to assignment. Detail supervisors should also be advised of street closures and points of access and any changes of points of access which occur during the event and which were not previously anticipated and publicized. Officers assigned to such events shall provide information to the public at the event about available points of access. 20. Request all necessary personnel and equipment, (e.g., command post vehicles, portable radios, bullhorns, sound equipment, barriers, vehicles, lighting, etc.,) through patrol borough concerned. 21. Develop pre-event plan to include, but not be limited to, the following: a. Designation of security arrangements and responsibilities b. Identification of all contact persons, including telephone numbers c. Command post locations, if necessary d. Internal and external radio communication plan, including dual dispatch protocol, if necessary e. Entrance and exit locations and their capacities f. Floor plans, including legal capacity of facility based on the Certificate of Occupancy g. Ensure that a sufficient number of police barriers are requested for the event, if appropriate h. Develop a barrier configuration plan that ensures: 1) Orderly movement by persons attending the event. 2) Safety lanes and frozen areas to provide access for police personnel. [I.O. 14 s 09] 3)Barrier configuration for demonstrations should not unreasonably restrict access to, and participation in, the event. For Example, attendees should be permitted to leave a barriered area at any time. In addition, if crowd conditions and other circumstances permit, participants should be permitted to leave and return to the same area. Sufficient openings in the barricades should be maintained for the purpose of permitting attendees to leave expeditiously and return to the event. i. Parking area locations and their capacity j. Plan to provide for fluid flow of vehicle traffic which will include emergency access routes k. Public transportation availability and locations, including route or schedule adjustments l. Mobilization location, if one becomes necessary m. Medical aid stations and locations n. Crowd control plan o. Type of seating which will be afforded to attendees p. Provision for media access q. Counter-demonstration activities and locations r. Provision of live video feeds or other event monitoring and recording techniques s. Aviation Unit and/or rooftop surveillance t. Plainclothes surveillance and/or enforcement u. Any other factors deemed necessary. 22. Establish a post event patrol plan, if necessary. a. Include scheduling and deployment of patrol borough task force, where appropriate. [I.O. 14 s 09] NOTE: Where the use of the Mounted Unit crowd control purposes, incident commanders are reminded officers are deployed for such purposes, it is important crowd or group to be dispersed has sufficient avenues of them and has had a reasonable chance to disperse. becomes necessary for that if Mounted to ensure that a egress available to SUPERVISOR NEXT HIGHER COMMAND 23. Review event coverage requirements and recommendations. a. Assign detail and forward request for necessary equipment, when appropriate. ADDITIONAL DATA Where circumstances indicate that the continued sale and consumption of alcoholic beverages pose a threat to public safety, the Department may suspend the sale of alcoholic beverages for a period of time necessary to address the public safety concerns. Prior to the beginning of the event, the incident commander will ensure that communication is established with the operators and security coordinators of the event. When necessary the incident commander may decide to establish internal communications via portable radio at the scene with a police observer team or security liaison. Police observers at the special event shall maintain radio communication with the incident commander. They will not be used to perform the functions of inside security, which is the responsibility of the facility operator and security coordinator. If any person present at the event is injured or endangered, the incident commander will immediately take all necessary steps to provide assistance, regardless of the type of location or facility. When notified that a demonstration is to occur, incident commander will cooperate with persons in charge to the extent possible, balancing their right to free expression with the need to maintain public safety. The Legal Bureau should be contacted as soon as possible to assist in planning and arrange for response of a Department attorney if needed. The following factors will be considered in determining the suitability of a demonstration location: a. Time and date b. Volume of vehicular and pedestrian traffic c. Proximity of any other related or unrelated events d. Schools, hospitals, houses of worship, or large public or business facilities nearby e. Any other condition which may create a hazard or serious inconvenience to the public or participants. The Demonstration Observer Program established in cooperation with the Bar Association, City of New York permits properly identified observers free access through police lines at the scene of any demonstration. Observers will display prominently, on their outermost garment, a photo identification and a green armband bearing the inscription "Civilian Observer". All members of the service will extend every courtesy and cooperation to observers. Observers shall be permitted to remain in any area, or observe any police activity, subject only to restrictions necessitated by personal safety factors, as determined by the incident commander. RELATED PROCEDURES Guidelines for the Use of Photographic/Video Equipment by Operational Personnel at Demonstrations (P.G. 212-71) Guidelines for Uniformed Members of the Service Conducting Investigations of Unlawful Political Activities (P.G. 212-72) Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Command Post Duties and Responsibilities (P.G. 213-14) Duties and Responsibilities at Special Events (P.G. 213-15) FORMS AND REPORTS Typed Letterhead P.G. 213-12 Apprehension Plan Date Effective: 08/01/13 PURPOSE To deliver a programmed uniform and investigative response to an extremely serious crime such as the shooting of a police officer or an incident involving multiple homicides, where the crime occurred in the recent past and the perpetrators are not yet apprehended and are possibly in the vicinity of the crime. PROCEDURE When IMMEDIATE assistance is required at the scene of an extremely serious crime, as described above: UNIFORMED MEMBER 1. Notify Communications Section upon arrival at the scene. 2. Request the response of: a. FDNY - EMS b. Patrol Supervisor 3. Render reasonable aid to person(s) injured. 4. Apprehend perpetrator, if possible. 5. Secure crime scene. 6. Transmit description, direction, and means of flight of perpetrators. 7. Detain civilian witnesses. PATROL SUPERVISOR 8. Respond immediately to scene. 9. Activate a LEVEL 1 MOBILIZATION and perform duties as detailed in P.G. 213-03, "Rapid Mobilization." 10. Notify duty captain. a. Utilize telephone, if possible. 11. Evaluate crime scene as secured by first responders and expand if necessary. a. Assign uniformed members of the service to secure inner and outer perimeter. 12. Have injured members of the service, and those suffering trauma, removed to the hospital. a. Assign a non-involved uniformed member to escort each individual in need of medical attention. NOTE: Uniformed members, not directly involved in a firearms discharge, who have responded to assist the involved members should remain at the scene to contribute to the investigation. Where possible, uniformed member and potential civilian witnesses who have sustained minor injuries should be immediately debriefed by a responding supervisor or detective before leaving the scene for treatment. Additional ambulances should be dispatched to the scene and staged at or near the scene to assist the aforementioned persons, as necessary. 13. Obtain brief synopsis of incident from uniformed members on the scene. a. Keep members and potential civilian witnesses available for responding detectives. 14. Establish firearms control, if necessary. 15. Re-transmit description, direction and means of flight of perpetrators. 16. Establish Command Post. NOTE: Command Post will initially be established in a patrol borough task force Command Post vehicle. Sufficient room should be made at the initial placement site for TARU's Command Post and eventually, the Communications Section Command Post. 17. Request response of precinct detective squad. 18. Coordinate search for perpetrators and expand search pattern as necessary. 19. Assign uniformed members of the service to canvass license plates of vehicles in the area. a. Results of canvass will be delivered to responding detectives through the TARU/Detective Command Post. 20. Establish press area, if appropriate. 21. Assign a uniformed member of the service to record evidence recovered, person recovering, location and time of recovery. NOTE: The responsibility of logging evidence may be transferred to the Detective Bureau Command Post, once established. 22. Assign a uniformed member of the service to record the identities of responding members of the service, as well as personnel from the Fire Department, EMS, etc. a. Information will be delivered to the Command Post when established. RESPONDING DETECTIVES 23. Interview initial responding uniformed members 24. Canvass area, as necessary. 25. Request response of Detective Bureau duty captain. DESK OFFICER 26. Notify the following precinct personnel to respond (whether on or off-duty): a. Commanding Officer b. Predetermined personnel as per command plan. 27. Notify the following of situation: a. Patrol borough concerned b. Operations Unit. DUTY CAPTAIN 28. Notify, and continually update, the Operations Unit. 29. Activate "APPREHENSION PLAN" by telephone, if possible, or by Communications Section via Operations Unit. NOTE: The duty captain need not be present at the scene to activate an APPREHENSION PLAN. Conferral with units on the scene, by radio or telephone, is sufficient to determine necessity of activation. 30. Examine Mobilization Point and Command Post location for suitability. a. Change locations as necessary. NOTE: Ideally, the Command Post vehicles assigned (task force, TARU, Communications Section) should all be located together and approximately one block from the incident. The Mobilization Point can also be located at the same site. If necessary, the Mobilization Point can be further away to allow for the response of personnel. 31. Request response of duty inspector. 32. Request the response of additional captain(s) as per the Patrol Services Bureau plan to staff hospitals, coordinate traffic, etc. 33. Act as incident commander until relieved. 34. Confer with Detective Bureau personnel and adjust crime scene to ensure integrity of evidence and enhance possibility of capturing perpetrators. 35. Assign personnel, as soon as possible, to cover bridges, train and bus stations, airports, etc. if available information indicates need. RESPONDING CAPTAINS 36. Confer with Incident Commander and respond to required location(s), i.e. hospital, additional crime scene, etc. DETECTIVE BUREAU DUTY CAPTAIN 37. Respond to scene and assume command of investigative efforts. a. Establish investigative Command Post. DUTY INSPECTOR 38. Respond to scene and assume responsibilities of incident commander until relieved. a. Assume command and supervision of Patrol Services Bureau, Housing Bureau and Transit Bureau personnel, if relieved as incident commander. OPERATIONS UNIT 39. Activate APPREHENSION PLAN by activating a LEVEL 3 MOBILIZATION, if necessary. a. Exclude response of DECON truck. 40. Notify duty chief to respond. DUTY CHIEF 41. Respond to scene and assume overall command as incident commander. 42. Conduct inter-bureau briefings every 30 minutes or as necessary. a. Update Operations Unit of results. 43. Continue search for perpetrators for a reasonable time. a. Discontinue search when perpetrator is captured or when facts indicate further search would be fruitless. WHEN AN APPREHENSION PLAN IS ACTIVATED THE FOLLOWING COMMANDS WILL MAKE THE FOLLOWING NOTIFICATIONS: OPERATIONS UNIT 44. Notify the following additional units or personnel to respond: a. ESU, for response of captain or citywide supervisor, Apprehension Team and RMI truck b. SOD patrol canine with bloodhounds c. Harbor Launch, if search area is near waterway [I.O.1 s 11] d. Traffic Management Center and request necessary personnel to respond, if available, to cover bus and taxi routes e. Detective Bureau f. Organized Crime Control Bureau g. Housing Bureau h. Transit Bureau i. Deputy Commissioner, Public Information j. Chief Surgeon and Employee Relations Section, if uniformed member of the service seriously injured k. Chief, Community Affairs l. Bordering police jurisdictions of facts, if incident near city line m. MISD - Computer Operations Response Autos. DETECTIVE BUREAU 45. Notify the following units or personnel to respond: a. Detective duty captain to respond to field command post to coordinate investigative activities b. Sufficient detectives to: (1) Evaluate crime scene and modify, if necessary (2) Check all buildings in immediate area for video surveillance cameras located inside or outside buildings (3) conduct canvasses, including hospitals (4) Interview complainants, witnesses, members involved, etc. (5) Establish detective Command Post and ensure that TARU Command Post is responding (6) Obtain background/intelligence information, e.g., BCI/ CARS/ BADS/ NITRO/ SPRINT, etc. (7) Utilize confidential informants (8) Interrogate suspects (9) Debrief prisoners in surrounding precincts (10) Conduct line-ups, show-ups, photo arrays, etc. (11) Secure and execute search warrants, if appropriate (12) Subpoena telephone records, if appropriate. c. Crime Scene Unit to locate, develop and collect evidence d. Major Case Squad to assist assigned detectives, as necessary e. Warrant Section to identify/execute warrants in immediate area of incident f. TARU to establish command post, photograph and videotape the crowd for identification purposes and obtain media photographs/ videotape, if appropriate g. Direct Organized Crime Control Bureau personnel, as appropriate. ORGANIZED CRIME CONTROL BUREAU 46. Field Operations Desk notifies the following personnel or units to respond: a. Bureau duty captain to respond to Field Command Post and coordinate activities of OCCB personnel in support of detective commander b. Borough NITRO Unit member to conduct background checks on persons/ locations c. Narcotics/Vice Enforcement borough concerned to assign a supervisor and module to: (1) Conduct enforcement in area of incident or adjoining narcotics/vice prone locations, including social clubs (2) Contact confidential informants for relevant information (3) Debrief prisoners for relevant information. d. Supervisor and module from OCID, if necessary to: (1) Obtain detailed information on organized crime figures, if required (2) Identify all informants for a particular precinct by code number and controlling member's name. e. Supervisor and module from Joint Firearms Task Force, if necessary to gather information on weapons used and conduct appropriate enforcement activity. HOUSING BUREAU 47. Notify the following personnel and units to respond: a. Housing Bureau Captain/Supervisor to respond to Field Command Post to coordinate activities of Housing Bureau personnel b. Sufficient Housing Bureau personnel to patrol housing developments in general area of incident c. Housing Authority Emergency Services Unit to have a resident employee to respond if crime scene is located in a housing development or in close proximity. TRANSIT BUREAU 48. Notify the following personnel and units to respond: a. Transit Bureau captain/supervisor to respond to Field Command Post to coordinate activities of Transit Bureau personnel b. Direct sufficient personnel to cover primary transit stations in general area of incident c. Direct Transit Bureau vehicles to cover emergency exits/entrances from subway system in area of incident d. Direct personnel to the nearest transportation hubs to conduct enforcement activity [I.O. 1 s 11] CHIEF OF TRANSPORTATION 49. Notify the following personnel and units to respond: a. Chief of Transportation to respond to the field command post to coordinate activities of Chief of Transportation personnel b. Citywide Traffic Task Force to respond, if available, to cover bus and taxi routes. ADDITIONAL DATA COMMAND POST PROCEDURES - The duty chief will be the overall Incident Commander and will coordinate the activities of the patrol and detective command posts. Each command post should exchange representatives, hold briefings every half hour and maintain a consolidated list of actions taken. The duty inspector and the Detective Bureau duty captain should also hold joint briefings with the incident commander every thirty minutes. CRIME SCENE - The size of the initial crime scene will depend on the circumstances. Initially, the crime scene should be very large. As time progresses and facts indicate, it may be reduced in size. a. If the incident occurred inside one room of a private home, apartment, small business premises, etc., the ENTIRE premises should be considered the crime scene. b. The crime scene should not be reduced in size or released without the approval of the Detective Bureau duty captain. c. If the crime scene is released before daylight, the Emergency Service Unit will ALWAYS be asked to respond back to the crime scene to perform a daylight search. INNER PERIMETER - Includes the crime scene, immediate area around the crime scene, and any area requiring the wearing of heavy vests. OUTER PERIMETER - The purpose of the outer perimeter is to attempt to apprehend perpetrators, identify witnesses, and prevent physical evidence from being inadvertently removed, e.g., garbage trucks collecting garbage, mail boxes, etc. The size of the outer perimeter will depend on the circumstances of the incident and will include potential escape routes. Initially, an outer perimeter of a four block area would not be considered unreasonable. Uniformed members of the service should be posted on this perimeter as well as apartment building lobbies in the immediate area of the crime. If assigned to outer perimeter or lobby, uniformed members assigned should interview person(s) leaving the area and, if possible, identify those persons. Lists of persons interviewed, including the time and date of interviews should be turned over to investigators through the TARU/Detective Bureau Command Post. VEHICLE PLATE CANVASS - Members assigned to plate canvasses should record the plate number, state of registration, make & model, location of the vehicle, and time of observation. Special note should be made of vehicles with warm engines. BUREAU PLANS - Each bureau and sub-unit should have a plan in place to deal with incidents as described in this directive. These plans should be simple procedures which allow for a rapid investigation and apprehension of persons responsible for such crimes. Each bureau/unit plan should include a list of key precinct/unit personnel designated to respond to these incidents to offer assistance and local expertise to the investigators. RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Unusual Occurrence Reports (P.G. 212-09) P.G. 213-13 Emergency Plans "A" - "B" - "C" Date Effective: 08-01-13 PURPOSE To expedite movement of traffic and reduce danger to persons or damage to property during adverse weather or street conditions. DEFINITION PLAN "A" - for hazardous road conditions caused by freezing rain, snow or ice. PLAN "B" - for dangerous street conditions caused by hurricanes, storms and floods. PLAN "C" - for traffic congestion and other conditions caused by unusually heavy traffic. PROCEDURE Upon receipt of FINEST message activating Plan "A" "B" or "C". DESK OFFICER 1. Notify commanding officer and other units located in same building. 2. Make assignments of personnel in accordance with prioritized traffic post list maintained at the desk for each emergency plan or as conditions warrant. a. Give priority to school crossings during school hours b. Assign personnel to strategic locations to periodically report on prevalent conditions, if necessary. NOTE: Patrol borough offices will coordinate the assignment of personnel to traffic posts when Plan "A" is implemented. During emergency periods, personnel assigned to borough task forces may be temporarily assigned to priority traffic posts, if necessary, with the approval of the patrol borough commander. 3. Assign personnel to survey parkways and expressways, to aid stranded motorists. 4. Direct personnel on patrol and special emergency plan assignment to submit reports of occurrences and action taken, including recommendations. a. File reports in Log at desk. 5. Notify patrol borough office initially and each hour thereafter of the following: a. Traffic conditions b. Detours established c. Intersections and traffic junctions covered d. Serious incidents or conditions e. Additional manpower or equipment required. NOTE: Patrol borough office notifies Operations Unit direct via telephone. 6. Direct that Department property be safeguarded against adverse weather conditions. 7. Maintain special log at desk to record incidents which occur while the Emergency Plan is in effect and caption Log across a double page as follows: TIME INCIDENT NOTIFICATION DISPOSITION TIME CORRECTED REMARKS 8. Notify Operations Unit of persons in need of temporary shelter, emergency transportation, etc. 9. Ascertain that assignments are made according to Emergency Plan, and/or as appropriate, due to existing conditions. 10. Survey conditions within command and record incidents and situations requiring further attention. 11. Direct patrol supervisor to survey assigned area and report observations and recommendations. UNIFORMED MEMBER OF THE SERVICE 12. Contact command for possible reassignment upon learning of the activation of Emergency Plan. a. Remain at intersection if assigned to traffic duty. b. Remain on school crossing until completion, if so assigned. 13. Continue to perform routine patrol duties unless on special assignment, and a. Keep intersections clear and traffic moving. b. Advise persons to safeguard property against high winds, floods, etc. c. Visit construction sites and advise person in charge to secure cranes, scaffolding, building material, etc. d. Remove portable traffic equipment from roadways, if required. e. Safeguard fallen electric wires and notify utility concerned and Emergency Service Unit. 14. Report the following to the desk officer: a. Unusual or hazardous conditions b. Serious traffic congestion c. Slippery grades d. Dangerous bridge conditions e. Conditions requiring the attention of other agencies. ADDITIONAL DATA Available patrol and traffic personnel will be utilized during activation of Emergency Plan "A", "B" or "C". Plan "A", "B" or "C" may be activated by the Commanding Officer, Traffic Control Division or higher authority, on a citywide basis or within a borough as required. The Plans may also be implemented by a borough commander within the borough or any part thereof. When an Emergency Plan is activated or discontinued, the commanding officer authorizing such action will notify the Operations Unit. When any traffic related problem is observed, or information is received indicating such a problem, the radio dispatcher will be notified via radio or landline. Corrective action is to be taken by the members concerned. When a precinct commander determines that coverage of a previously established prioritized traffic post for Plan "A" is no longer warranted, or that a new location should be added, he will amend the post list accordingly and forward a revised copy to the patrol borough commander. The patrol borough commander shall endorse the revised post list and forward a copy to the Patrol Services Bureau and Commanding Officer, Traffic Control Division. P.G. 213-14 Command Post Duties and Responsibilities Date Effective: 02-01-02 COMMAND POST DUTIES AND RESPONSIBILITIES Revision Notice 05-03 Revokes Procedure 213-14 P.G. 213-15 Duties And Responsibilities At Special Events Date Effective: 08-19-13 PURPOSE To ensure the orderly passage of participants, the safety of spectators and the efficient rerouting of traffic at parades, demonstrations, and other large scale special events. DEFINITION INCIDENT COMMANDER -The highest ranking uniformed police supervisor responsible for the command, control and coordination of all incident operations. For planned events such as parades, demonstrations, and similar situations, the precinct commanding officer will ordinarily be designated as incident commander. If the event occurs in two or more commands within the same patrol borough, the patrol borough commander will be designated as incident commander, and in cases where the event affects more than one patrol borough, the Chief of Patrol will be designated as incident commander. PROCEDURE When commencing police operations at the scene of a special event: INCIDENT COMMANDER 1. Coordinate participation of the following agencies at all major special events: Fire Department, Department of Traffic, Department of Buildings, Department of Sanitation, Emergency Medical Service, and any other agencies deemed necessary. 2. Request NYC Transit to post appropriate signage regarding all adjustments to bus and subway routes or schedules 3. Inspect event location or parade route, including parade formation and dismissal areas. 4. Divide entire area affected by event into sectors. 5. Include the following in event sectors: a. Public transportation facilities located within and one block of these areas. b. Streets and avenues within formation and dismissal areas and public transportation facilities within one block of these areas. NOTE: When practical, assign the same sector and unit commanders to the same event area or parade route at each succeeding event regardless of regular assignment. This will enable commanders to become familiar with all conditions within their sectors. 6. Designate location of main and sector command posts at appropriate points within event area or along parade route. a. Place command post near reviewing stands b. Designate parking area for official cars c. Notify Operations Unit of location and telephone number of main and sector command posts d. Comply with P.G. 213-01, "Command Post Operations." 7. Cause event area or parade route to be re-inspected twenty-four hours prior to event and note conditions requiring special attention or change in plans (e.g., construction detours, etc.). 8. Direct precinct commanders, through whose commands the parade will pass to: a. Post temporary parking restriction signs sufficiently in advance of parade. b. Assign personnel to prevent parking along parade route, formation and dismissal areas, and if necessary, cross and parallel streets block either side of route. 9. Designate important cross streets as "through streets" for buses, fire apparatus, ambulances and other emergency vehicles and notify appropriate agencies of these designated locations. a. Exclude spectators for a distance of one hundred feet, from parade route on side streets which are bus, fire, ambulance and other emergency vehicle "through streets" and twenty-five feet on parade route from corners of such "through streets". 10. Assign members of the service to traffic duty at intersections along the route or in the vicinity of the event location and on blocks at either side, as necessary for control of vehicular traffic. 11. Confer with Operations Unit prior to commencement of event regarding local or citywide conditions or incidents that may affect police operations. NOTE: In cases in which the special event is a demonstration, information on expected street and sidewalk closings and information on how the public may access a demonstration site will be disseminated to the media and event organizers and should, if possible, be posted on the Department's website. Officers assigned to such events should be given detailed instructions on such closings and points of access prior to assignment. Detail supervisors should also be advised of street closures and points of access and any changes of points of access which occur during the event and which were not previously anticipated and publicized. Officers assigned to such events shall provide information to the public at the event about available points of access. Barrier configuration for demonstrations should not unreasonably restrict access to, and participation in, the event. For example, attendees should be permitted to leave a barriered area at any time. In addition, if crowd conditions and other circumstances permit, participants should be permitted to leave and return to the same area. Sufficient openings in the barricades should be maintained for the purpose of permitting attendees to leave expeditiously and return to the event. Where the use of the Mounted Unit becomes necessary for crowd control purposes, incident commanders are reminded that if Mounted officers are deployed for such purposes, it is important to ensure that a crowd or group to be dispersed has sufficient avenues of egress available to them and has had a reasonable chance to disperse. SECTOR COMMANDER 12. Report to main or sector command post within area of assignment as designated by the incident commander. If no sector command post is assigned, work out of main command post. 13. Prior to the start of the event, survey assigned areas for any situation/condition that may present a potential hazard for marchers, spectators, the general public, or the police. a. Implement preventive measures to preclude bystanders from standing or climbing upon structures. b. Immediate remedial police action shall be taken to correct any unusual / hazardous condition, and the incident commander shall be notified immediately. c. Make command post log entry of results and actions taken. 14. Assign personnel to: a. Prevent overcrowding on sidewalk and to keep a clear passageway along the building lines. b. Protect fire alarm boxes and other city property. 15. Distribute DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141), to each supervisor in charge of a post or detail of police officers 16. Conduct roll call, utilizing subordinate supervisors to instruct all members assigned on: a. Nature of event. b. Past history of this event or others involving this location or organization. c. Importance of the team concept in successful event management. d. Mission of the team (traffic, escort, crowd management, etc.). e. Enforcement guidelines. f. Responsibility to take proper police action, regardless of assignment, whenever circumstances indicate life or property may be endangered. g. Post and sector boundaries. h. Location and telephone number of main and sector command post, precinct, arrest processing area, etc. i. Identification of incident commander, sector/unit commander in charge, and other key personnel. j. Radio frequencies to be utilized. k. Adjustments to bus or subway routes or schedules. SUPERVISOR ASSIGNED 17. Instruct members assigned to detail to prevent: a. Persons or organization from joining parade at other than formation area. b. Persons from crossing police lines after start of event. c. Spectators from standing near excavation or on top of walls, boxes, etc. d. Climbing on trees, poles or other structures. 18. Comply with instructions on DETAIL ROSTER/ASSIGNMENT SHEET, record names of members assigned, and distribute form as indicated. SECTOR COMMANDER 19. Place completed DETAIL ROSTER/ASSIGNMENT SHEETS inside front cover of command post log for ready reference during event. 20. Ensure all supervisors are equipped with radios tuned to designated frequency. SECTOR COMMANDER FORMATION AREA 21. Transmit message via detail radio frequency before start of event to notify sector commanders to: a. Institute traffic detours. b. Exclude pedestrians from parade roadway. SECTOR COMMANDER 22. Halt parade contingents a minimum of one block before any emergency incident such as fire, collision, etc. a. Divert marching units into side street when necessary b. Clear area affected of spectators. c. Keep command post informed of developments. 23. Arrange to have parade resume as soon as conditions permit and upon direction of incident commander. 24. Assign members to public transportation terminals and stations, as necessary. 25. Permit persons and vehicles to cross parade route at intersections, during breaks in parade contingents, or as conditions warrant. 26. Assign personnel to divert pedestrian traffic onto side streets if conditions on affected streets or sidewalks become too crowded. 27. Anticipate impact of adjustments on crowd conditions and deploy personnel to manage and direct crowds as they develop. 28. Prevent unauthorized maneuvers or exhibitions, which may cause large gaps between parade contingents. 29. Monitor progress of parade through sector and correct any conditions impeding progress. 30. Notify Operations Unit and main command post when: a. Parade enters and leaves sector. b. Any collision, arrest, incident or unusual situation occurs. 31. Continuously survey assigned sector for conditions requiring police service or attention. 32. Contact adjoining sector commanders ascertaining conditions in their sectors. 33. Assemble and account for assigned personnel and equipment when event has ended and spectators leave. a. Notify incident commander of results. 34. Dismiss personnel as directed by incident commander. a. Dismiss detail assigned to reviewing stand and official parking area only after dignitaries have left and conditions are normal. NOTE: Incident commander must confer with Operations Unit prior to dismissal of detail personnel. The Operations Unit will grant permission only if conditions occurring elsewhere do not require response by personnel to be dismissed. INCIDENT COMMANDER 35. File completed DETAIL ROSTER/ASSIGNMENT SHEETS at precinct of record after assignment is completed. 36. Prepare and submit to patrol borough command a critique including, but not limited to, the following: a. Whether sufficient personnel and equipment were assigned (identify commands responsible for shortages and measures taken to ensure response). b. Any incident requiring particular police attention. c. Other problems encountered. d. Evaluation of police services rendered. e. Recommendations for policing this or similar events in the future and possible adjustment in personnel and equipment in subsequent similar parades. f. Overtime incurred by members assigned will be reported under the following headings: RANK NUMBER TOTAL HRS. O/T TOTAL HRS PORTAL TO PORTAL PATROL BOROUGH COMMANDER 37. Review and endorse critique submitted by sector commanders and forward through channels to Office of Chief of Department, Operations Division (Room 804-A). ADDITIONAL DATA TEAM ASSIGNMENTS * SPECTATOR MANAGEMENT -Using courtesy, professionalism and respect towards the spectators viewing or participating in the event. * MOBILE RESPONSE -Allowing for a quick response of assigned members to another area of this event or another event elsewhere. * ENFORCEMENT DUTY -Required to implement appropriate arrest tactics or summons activity under the supervision of sergeants and lieutenants as enforcement teams or during pre planned or spontaneous arrest situations. * PROTECTING VULNERABLE, SENSITIVE OR CRITICAL LOCATIONS - Responsible for correctly identifying locations and providing security for designated areas. * ESCORT DUTY -Identify and provide a system of escorts for other service providers, protected persons or sensitive groups. * TRAFFIC DUTY -Identify borders of the event, assigning members to appropriate roadways to: a. Detour traffic around the area b. Facilitate use of alternate routes c. Prevent injury to pedestrians by creating a system of controlled crossings RELATED PROCEDURES Command Post Operations (P.G. 213-01) Emergency Incidents (P.G. 213-02) Rapid Mobilization (P.G. 213-03) Mobilization Readiness Levels (P.G. 213-04) Policing Special Events/Crowd Control (P.G. 213-11) Command Post Duties and Responsibilities (P.G. 213-14) FORMS AND REPORTS DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) P.G. 213-16 Relocation Of Vehicles During Special Events Date Effective: 08/01/13 PURPOSE To inform members of the service of the procedure to be followed when vehicles are relocated due to special events (i.e., Presidential visits, parades, or movie/TV productions, etc.) and to account for all vehicles relocated through proper documentation by utilizing the Tow Pound Information System (TOPIS). PROCEDURE Upon learning of a special event affecting patrol boroughs or precincts, in which vehicles need to be relocated: PATROL BOROUGH COMMANDER 1. Establish a No Parking Detail to handle the removal of vehicles and the safeguarding of the affected route, if necessary. 2. Confer with precinct commanding officer to ensure that vehicles relocated are accounted for and that the affected area is properly maintained. 3. Confer with the Commanding Officer, [I.O.1 s 11] Traffic Operations District and request necessary personnel and equipment (i.e., tow trucks and traffic enforcement agents, etc.). NOTE: The number of personnel assigned to a No Parking Detail will be determined by the patrol borough commander/counterpart for large events (parades, Presidential visits, etc.) or the precinct commander for smaller events. COMMANDING OFFICER, TRAFFIC OPERATIONS DISTRICT 4. Determine necessary personnel and equipment needed and deploy personnel as per arranged schedule to assist the patrol borough/precinct commanding officer. PRECINCT COMMANDING OFFICER 5. Assign a supervisor to coordinate the No Parking Detail. 6. Ensure that "No Parking" signs are posted and that vehicles are accounted for, when relocated. NOTE: Parking garages, hotels and businesses within the affected area must be notified that because of anticipated traffic congestion, vehicular access to and from their location may not be possible. SUPERVISOR ASSIGNED 7. Have "No Parking" signs posted at least two days prior to the start of an event. NOTE: Missing and/or damaged signs are to be replaced on subsequent tours, as necessary. The patrol supervisor on each subsequent tour is to survey the affected area at the beginning and end of each tour to ensure that "No Parking" signs are properly posted. 8. Have vehicles relocated from the affected area. a. Ensure that tow operators have a sufficient number of Notice of Relocation (Misc. 4208) stickers. b. Make sure each vehicle relocated has a Notice of Relocation affixed to alert other NYPD or law enforcement personnel that the vehicle was relocated as a result of police action. 9. Assign a uniformed member of the service to accompany each tow truck operator when a vehicle is removed and relocated. NOTE: A vehicle bearing a handicap plate or Department of Transportation Special Vehicle Identification permit will be relocated as close as possible to its original spot. Every effort will be made to ensure that vehicles relocated are parked legally. Vehicles will not be double-parked, parked at a hydrant, bus stop, or crosswalk. UNIFORMED MEMBER OF THE SERVICE 10. Accompany tow truck operator with vehicles to be relocated. 11. Prepare and affix Notice of Relocation stickers on each vehicle moved. 12. Prepare (print legibly) and provide the supervisor in charge with a completed copy of the VEHICLE RELOCATION REPORT. 13. Verify that doors to all vehicles relocated are properly locked. SUPERVISOR ASSIGNED 14. Verify that each VEHICLE RELOCATION REPORT is legible and contains a full description of the vehicle and damages, if any. 15. Enter vehicle relocation information, via FINEST, for vehicles relocated into TOPIS, by using function 231, "Log-In Vehicle Street Relocation." 16. Forward a copy of the list of relocated vehicles to the field command post so that uniformed members of the service may inquire via radio as to the location of a relocated vehicle. NOTE: Members of the service can access TOPIS through the FINEST by bringing up the shield and entering MIS; clearing the screen and entering "NTOW"("NTOW" must be entered, in capital letters, for the TOPIS system to open up). Use code 23 at the main menu to access the Vehicle Relocation Function. Members of the service having any problems accessing TOPIS can call the MISD Help Desk at (212) 374-3800. 17. Have "Vehicle Relocation Notice" signs posted indicating that vehicles were relocated from the affected area and that interested persons should contact the precinct concerned. 18. Ensure that "No Parking" signs are removed upon completion of the event. NOTE: The "Vehicle Relocation Notice" signs should remain in place for forty-eight hours before being removed. 19. Confer with precinct commanding officer regarding the overall operation, including critique and suggestions. ADDITIONAL DATA Since VEHICLE RELOCATION REPORTS contain additional information not captured by the TOPIS entry, these reports will be maintained for forty-five days, on a clipboard secured at the desk. After forty-five days, these reports should be discarded. Members of the service receiving a report of a stolen vehicle, in addition to following the applicable Patrol Guide procedures, will conduct a check via FINEST (through TOPIS) to confirm whether the vehicle has been towed as a result of an event requiring relocation of vehicles. FORMS AND REPORTS VEHICLE RELOCATION REPORT (PD571-155) Notice of Relocation (Misc. 4208) P.G. 213-17 Notifications Regarding Traffic Related Activities Date Effective: 08/01/13 PURPOSE To ensure the proper collection, coordination, and dissemination of information about Department activities that might affect the movement of traffic (either vehicular or pedestrian). PROCEDURE Whenever police operations, whether planned or unplanned, may have an effect on the movement of vehicular or pedestrian traffic: FOR SCHEDULED EVENTS (E.G., DETAILS, CHECKPOINTS) SUPERVISOR IN CHARGE 1. As soon as the event is scheduled, notify the Traffic Management Center by telephone of all pertinent information, including: a. Date, time, and location of planned operation or event. b. Nature of operation. c. Command(s) participating. d. Supervisor in charge. e. Scope of anticipated or actual disruption. f. Anticipated length of event or operation. TRAFFIC MANAGEMENT CENTER 2. Compile information regarding scheduled events reported by commands in the form of a daily "Traffic Brief." 3. Send the "Traffic Brief" to the Operations Unit daily, via e-mail or facsimile machine. FOR UNSCHEDULED EVENTS SUPERVISOR IN CHARGE 4. Notify the Operations Unit upon becoming aware of unscheduled police operations that may have an effect on the movement of traffic. OPERATIONS UNIT 5. Upon receiving notification of unscheduled police operations that may affect traffic movement, notify the Traffic Management Center. TRAFFIC MANAGEMENT CENTER 6. Upon receiving notification from Operations Unit, make appropriate notifications to the [I.O. 1 s 11] Chief of Transportation, and to other agencies as appropriate. P.G. 213-18 Citywide Security Alert Levels Date Effective: 08-01-13 1. In light of the ongoing threat of terrorist attacks against the City of New York, the New York City Police Department has created "Citywide Security Alert Levels" similar to those used by the Federal Office of Homeland Security. These alert levels are discussed in detail in a newly published document to be distributed in book form. This book will replace the "Citywide Security Assessment Plan." As such, with the publication and distribution of the new book, post assignments will no longer be referred to as ALPHA, BRAVO, GAMMA or OMEGA. The new alert levels are as follows: ALERT LEVELS RISK CONDITION Green Low Low Risk Of Terrorist Attacks Blue Guarded General Risk Of Terrorist Attacks Yellow Elevated Significant Risk Of Terrorist Attacks Orange High High Risk Of Terrorist Attacks Red Severe Severe Risk Of Terrorist Attacks Post assignments made in connection with these new alert levels shall be referred to by the appropriate color code. Commanding officers will ensure that all personnel are properly trained in the new system of alert levels. 2. The deputy Commissioner, Counterterrorism has complied into book form a series of responsibilities for various bureaus/commands, indicating actions to be taken under each security level. These books have been distributed to affected commands, through the appropriate bureau chiefs/deputy commissioners and will be maintained in the "Command Reference Library" as per Administrative Guide procedure 325-18. 3. The City of New York, which has been the target of terrorists four times in recent years, twice successfully, is currently at a threat level "Orange". Any changes in the treat level for the City of New York will be transmitted via a FINEST message. P.G. 213-19 Interoperability Channels Date Effective: 08-01-13 1. Patrol Guide Procedure No. 213-19, "Interoperability Channels," has been revised to reflect the New York City Fire Department's protocol regarding who is authorized to activate the interoperability channels in the event of a major incident. 2. There will be times during an emergency situation where it will be necessary for personnel from the New York City Fire Department to communicate directly with a New York City Police Department counterpart. Examples of emergency situations include, but are not limited to, terrorist attacks, major building collapses, and large structural fires. To facilitate this communication, a series of N.Y.P.D. interoperability radio channels are available. 3. In the event of such a situation, members of the New York City Fire Department, at the level of Battalion Chief and above, and Emergency Medical Service (EMS) Chief Officer, have been issued radios that are programmed with all interoperability frequencies. To activate the frequency, the F.D.N.Y. Incident Commander, or Emergency Medical Service, Chief Officer will notify the Fire Department Operations Center (FDOC), and request the activation of an interoperability frequency. The FDOC will then notify the N.Y.P.D. Communications Section and request activation. The Communications Section platoon commander will notify the Operations Unit, the Electronics Section, and the N.Y.P.D. Incident Commander on the scene. The Communications Section platoon commander will then activate the frequency concerned and assign a dispatcher to that position. Should the incident escalate and it is determined that a second frequency is required, an additional interoperability frequency will be utilized. When the need for interoperability capability ceases, the ranking members of each agency on the scene will notify the appropriate dispatcher to terminate. Should the situation be reversed, and the N.Y.P.D. Incident Commander determines that interoperability is needed, the procedure will mirror the above, whereby the N.Y.P.D. Incident Commander will make the request through the Communications Section dispatcher, who will then notify the platoon commander. The platoon commander will notify the Operations Unit, the Electronics Section and the FDOC. The Communications Section platoon commander will then activate the frequency concerned and assign a dispatcher to that position. In that case, the duty captain or above may request activation of the interoperability system. 4. In the event of a second incident, the Communications Section platoon commander may place both incidents on the same interoperability frequency. In such cases, the Incident Commanders shall name each incident so that they are clearly identifiable to the users on the channel. Listed below are the channels as programmed in the portable radios of captains and above. PRESENT CHANNELS CW I/O QNS I/O MAN I/O BRX I/O BRK I/O SI I/O NEW CHANNELS CW I/O (NYMAC1) CW I/O2 (NYMAC3) RW I/O (NYMAC2) (NYMAC4) (NYMAC5) (NYMAC6) Quality of Life Matters P.G. 214-01 "Padlock Law" Program Date Effective: 08/01/13 PURPOSE To enforce provisions of the "Padlock Law" in regard to premises identified as public nuisances. SCOPE The "Padlock Law" authorizes the Police Department to commence a "Padlock Hearing Proceeding" when two or more separate arrest incidents for public nuisance offenses, resulting in one criminal conviction, have been made within a twelve month period prior to the commencement of such a proceeding. In addition, to indicate that the illegal activity is continuing, a triggering arrest should be made within thirty days prior to the issuance of the Notice of Hearing. Once all parties have been given notice and an opportunity to be heard at an administrative hearing, the "Padlock Law authorizes the Police Commissioner to: a. Order the discontinuance of the illegal activity for up to one year, and/or b. Order the closing of the premises for up to one year. DEFINITIONS PUBLIC NUISANCE OFFENSES a. Any offense under: (1) Article 220, Penal Law - Controlled Substances Offenses (2) Article 221, Penal Law - Marijuana Offenses (3) Article 225, Penal Law - Gambling Offenses (4) Article 230, Penal Law - Prostitution Offenses (5) Article 240.45, Penal Law - Criminal Nuisance b. The following sections of law as they relate to "chop shops": (1) Penal Law Sections 165.40 to 165.50 (inclusive) - Criminal Possession of Stolen Property (2) Penal Law Section 170.65 - Forgery Vehicle Identification Number (3) Penal Law Section 170.70 - Illegal Possession Vehicle Identification Plate (4) Vehicle and Traffic Law Section 415(a) - Auto Dismantlers c. Any violation of Alcohol Beverage Control Law relating to the sale, manufacture or trafficking of liquor, wine or beer. PREMISES - Any building, erection or place, excluding public areas such as streets, hallways, roofs. CLOSING ORDER - An order signed by the Police Commissioner that orders a premises closed for a period not to exceed one year. After this Closing Order becomes effective, any person (including the owner), wishing to gain entrance to the location must obtain the approval of the precinct desk officer. ORDER OF DISCONTINUANCE - An order signed by the Police Commissioner ordering the discontinuance of illegal activity at a premises. The premises may remain open to conduct legitimate business activity. However, if an arrest for a predicate padlock offense occurs inside the premises while the "Order of Discontinuance" is in effect, the premises is automatically closed for the remainder of the original one year period. PADLOCK CLOSING ORDER (PD672-130) - A crack-and-peel version of the Police Commissioner's Closing Order to be posted at premises. DISCONTINUANCE ORDER (PD672-132) - A crack-and-peel version of the Police Commissioner's Order of Discontinuance to be posted at premises. PADLOCK IDENTIFICATION SHEET (MISC. 2128) - Form that must accompany a request by precinct commanders to add a premises to a Padlock target list. This form must include all information necessary to properly identify a location. ORGANIZED CRIME CONTROL BUREAU PADLOCK LOCATION INFORMATION SHEET - Form used by Organized Crime Control Bureau investigators that must contain all relevant identifying information concerning a location. A measuring wheel must be used to ascertain precise measurements of a location (measured from building line to the center of the location where the activity is taking place). PADLOCK LOGBOOK - A permanent bound record book with the following captions contained therein: a. Location b. Date c. Time d. Ranking officer's signature e. Observations/remarks. TRIGGER ARREST - The arrest that "triggers" or initiates the "Padlock Hearing Proceeding." This arrest is effected not more than thirty days prior to the commencement of the "Padlock Hearing Proceeding" and gives the Department the presumption of ongoing illegal activity at the location. TRIGGER ARREST FOLDER - Folder prepared by arrest team at the time of the trigger arrest. Folder must contain the following data: a. Organized Crime Control Bureau Padlock Location Information Sheet b. Photographs of location (exterior and interior) c. Copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) for each defendant arrested d. Sketch of location e. All reports prepared in connection with arrests including PROPERTY CLERK INVOICE (PD521-141). NOTE: This folder must be hand delivered to the Organized Crime Control Bureau within seventy-two hours of trigger arrest. PADLOCK CONTROL NUMBER - A number assigned consecutively to target locations for tracking purposes. PROCEDURE When identifying target locations and effecting arrests for public nuisance offenses: OFFICE OF THE CHIEF OF DEPARTMENT 1. Coordinate the identification of target locations and priorities. COMMANDING OFFICER CONCERNED 2. Identify all public nuisance premises within command. a. Maintain appropriate records of arrest activity occurring therein or emanating therefrom. 3. Submit a list of new public nuisance premises to the Patrol Services Bureau (through channels) on or before the first (1st) day of each month. a. Include for each location: (1) A one year arrest history (2) Padlock Identification Sheet (Misc. 2128). NOTE: The Padlock Identification Sheet must include all information to properly identify a location. 4. Review monthly printouts of targeted premises and notify Organized Crime Control Bureau of status changes. 5. Forward copies of ON LINE BOOKING SYSTEM ARREST WORKSHEET to Organized Crime Control Bureau for each arrest effected at public nuisance locations by command personnel. O.C.C.B. COMMANDER CONCERNED 6. Identify all public nuisance premises within command. 7. Submit a list of public nuisance premises (through channels) to Organized Crime Control Bureau on or before the first (1st) day of each month including: a. A one year arrest history b. An Organized Crime Control Bureau Padlock Location Information Sheet c. Three exterior photographs (one left of, one right of, and one front of location). NOTE: The arresting officer, investigating officer or supervisor most familiar with the target premises should prepare these documents. A measuring wheel must be used to ascertain accurate distances. When measuring a location, the measurement must be taken from the building line to the center of the location where the illegal activity is occurring. 8. Determine whether target locations submitted by commanding officers are suitable for enforcement under the "Padlock Law" Program. IF LOCATION IS DETERMINED TO BE SUITABLE FOR ENFORCEMENT UNDER THE "PADLOCK LAW" PROGRAM O.C.C.B. COMMANDER CONCERNED 9. Submit documentation required in step 7, subdivisions "a," "b," and "c" above, within fifteen days. IF LOCATION IS DETERMINED NOT TO BE SUITABLE FOR ENFORCEMENT UNDER THE "PADLOCK LAW" PROGRAM O.C.C.B. COMMANDER CONCERNED 10. Advise Organized Crime Control Bureau within fifteen days of the result of investigation and recommendation that location not be targeted under the "Padlock Law" Program. NOTE: A location is considered not to be suitable if: a. Activity is occurring "outside of" or "in front of" premises (street condition), unless the premises is facilitating the activity, i.e., drugs are stored inside and sold on street. b. Activity occurring does not involve a predicate padlock offense. ORGANIZED CRIME CONTROL BUREAU 11. Review locations and conduct preliminary investigation to determine whether submitted locations are viable "Padlock Law" targets. 12. Maintain a list of target locations that have been identified by commanding officers concerned. 13. Establish and maintain statistical and informational data files relating to each premises designated as target locations. 14. Monitor target locations and notify Legal Bureau when records reveal "triggering" arrest(s) at a target premises. 15. Act as liaison for all bureaus concerned. 16. Direct notifications to officers to attend hearings. 17. Prepare monthly statistical reports. 18. Distribute monthly printouts of targeted locations to Patrol Services Bureau for distribution to commanding officers concerned. 19. Prepare "Trigger List." LEGAL BUREAU 20. Maintain a list of target locations including arrest and conviction data. 21. Identify the owner, lessor, lessee(s), and mortgagee(s) of designated premises. 22. Obtain arrest dispositions and report such dispositions to Organized Crime Control Bureau. 23. Mail Notices Of Violation to owner(s) and lessee(s). WHEN AN ARREST IS EFFECTED FOR A PUBLIC NUISANCE OFFENSE AS THE DIRECT RESULT OF ILLEGAL ACTIVITY HAVING OCCURRED INSIDE A TARGETED PREMISES, ARRESTING OFFICER O.C.C.B. 24. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET in triplicate. a. Clearly write "Padlock Target" across top front and notify assistant district attorney of same. b. Enter on line 10, "Specific Location of Occurrence," the particular part of the premises where the illegal activity occurred, i.e., inside storefront (include name of store), inside apartment number, etc. NOTE: If arrest occurs outside the premises, but the activity that precipitated that arrest occurred inside the location, the arrest is applicable for "Padlock Law" enforcement. Indicate on line 10 of ON LINE BOOKING SYSTEM ARREST WORKSHEET that activity occurred inside location. Indicate on line 21 of ON LINE BOOKING SYSTEM ARREST WORKSHEET the exact location of arrest. 25. Forward a copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET to the Organized Crime Control Bureau. a. Indicate on top of WORKSHEET, "Padlock Law Violation." WHEN A "TRIGGERING ARREST" IS MADE 26. Photograph the exterior of the premises, including: a. Any exterior signs b. All points of entrance/exit into the premises. NOTE: Only clear photographs are acceptable. 27. Photograph the interior areas, including: a. Signs hanging on walls b. Merchandise on display c. Plexiglas windows d. All partitions. NOTE: (For "Padlock Hearing Proceedings" purposes, photographs may, but need not, be taken of defendants). The front of the photographs will not be marked in any way. The back of the photographs will contain the photographer's name, rank, type of camera used, address of location, date/time the photograph was taken and the Padlock Control #. 28. Prepare a sketch for presentation at a "Padlock Hearing Proceeding," indicating: a. Dimensions of the interior of the location, including relative measurements of entrance b. Distance from doorway to countertop c. Size of countertop and Plexiglas d. Location of evidence seized e. Location of prisoners at the time of arrest f. Any other pertinent objects of information relative to the operation of the illegal enterprise. NOTE: Sketches shall not contain any statements that draw legal conclusions. For example, sketches must not contain a statement that "cocaine" was seized from a particular place or that a sign on the wall is a "policy" sign. 29. Prepare Organized Crime Control Bureau Padlock Location Information Sheet. NOTE: When a "triggering arrest" is made, steps 26 through 29 must be performed by the arresting officer or, with permission of a supervisor, by another Organized Crime Control Bureau investigator assigned to the field team. O.C.C.B. COMMANDER CONCERNED 30. Forward copies of all reports prepared in connection with "Padlock Law" arrests to Organized Crime Control Bureau in a folder marked "Trigger Arrest," including: a. Organized Crime Control Bureau Padlock Location Information Sheet b. Photographs of location (interior and exterior) c. Copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET for each person arrested d. Sketch of location e. PROPERTY CLERK INVOICE. 31. Make a telephone notification to the Organized Crime Control Bureau, within twenty-four hours of the triggering arrest which must include the following information: a. Arrest number b. Arrest date c. Defendant's name d. Arrest charges e. Arresting officer's name f. Padlock Control Number. UPON DETERMINATION TO COMMENCE "PADLOCK HEARING PROCEEDING" NOTE: Ensure that the "Trigger Arrest Folder" containing the data gathered in steps 26 through 30 is hand-delivered to the Organized Crime Control Bureau within seventy-two hours of the triggering arrest. ORGANIZED CRIME CONTROL BUREAU 32. Make telephone notification to Legal Bureau of "triggering arrest." a. Forward "Trigger Arrest Folder" to Legal Bureau upon receipt. LEGAL BUREAU 33. Prepare and serve Notice Of Hearing on: a. Owner(s) b. Lessee(s) c. Mortgagee(s) of premises pursuant to "Padlock Law" Regulations. 34. Forward copies of Notice Of Hearing to: a. Adjudication Section, Deputy Commissioner, Legal Matters b. Organized Crime Control Bureau c. Patrol Services Bureau for dissemination to appropriate individuals (e.g., precinct/transit district/P.S.A. commanders, community board district managers, community council, etc.). 35. Represent Department at "Padlock Hearing Proceedings." LEGAL BUREAU, PADLOCK HEARING OFFICER 36. Conduct "Padlock Hearing Proceeding" in compliance with "Padlock Law" Regulations. a. Make recommendations to Police Commissioner (through Deputy Commissioner, Legal Matters). NOTE: Police Commissioner, upon recommendation of the Deputy Commissioner, Legal Matters, may issue an Order to DISCONTINUE ILLEGAL ACTIVITY and/or CLOSE PREMISES for a specified period not to exceed one year. LEGAL BUREAU 37. Ensure that owner(s), lessee(s) and mortgagee(s) of the premises are served with a copy of the appropriate Police Commissioner's Order. 38. Forward copies of Police Commissioner's Order to: a. Precinct commander for posting at premises and in "Padlock Log" (two copies of Order plus two crack-and-peel signs must be delivered to precinct) b. Organized Crime Control Bureau c. Patrol Services Bureau. NOTE: The Legal Bureau will notify the precinct commander and all parties when an Order is revoked or modified prior to the expiration date indicated on the Order. COMMANDING OFFICER 39. Establish a "Padlock Log," utilizing a Department record book and allocating ten pages for each premises served with an Order captioned as follows: TIME DATE RANKING OFFICER OBSERVATIONS/REMARKS NOTE: A copy of the appropriate Police Commissioner's Order will be affixed to the first (1st) page of each corresponding ten page section. 40. Direct supervisory officer to conspicuously post PADLOCK CLOSING ORDER (PD672-130) or DISCONTINUANCE ORDER (PD672-132) as appropriate, on premises. 41. Enter fact that PADLOCK CLOSING ORDER or DISCONTINUANCE ORDER has been posted as first (1st) entry in "Padlock Log" for premises concerned. 42. Notify Legal Bureau when PADLOCK CLOSING ORDER or DISCONTINUANCE ORDER is posted. a. Enter notification in Telephone Record. b. Make notification on next business day if Legal Bureau is closed. NOTE: The "Padlock Law" provides that the PADLOCK CLOSING ORDER or DISCONTINUANCE ORDER must be posted for five business days before being enforced. 43. Direct supervisory officer to visit location every tour on the fifth (5th) business day after the PADLOCK CLOSING ORDER or DISCONTINUANCE ORDER is posted, and: a. Ascertain that appropriate ORDER is posted and not being violated. ASSIGNED SUPERVISOR 44. Make entry in "Padlock Log" for each visit made. a. Indicate in "Remarks" column of "Padlock Log" whether PADLOCK CLOSING ORDER or DISCONTINUANCE ORDER is still posted. IF VIOLATION OF THE PADLOCK CLOSING ORDER IS OBSERVED 45. Ascertain if PADLOCK CLOSING ORDER is still posted. a. If not, obtain and post a new PADLOCK CLOSING ORDER. (1) PADLOCK CLOSING ORDERS and DISCONTINUANCE ORDERS are available from the Legal Bureau. NOTE: Removal or mutilation of PADLOCK CLOSING ORDER is a violation of the New York City Administrative Code, Section 10-156(g), which is an unclassified misdemeanor. Photographs and fingerprints should not be taken. 46. Effect an arrest for violating a PADLOCK CLOSING ORDER and issue a Desk Appearance Ticket, if applicable, when: a. The PADLOCK CLOSING ORDER is conspicuously posted and persons are present in violation of the ORDER, OR b. The PADLOCK CLOSING ORDER has been removed and persons present are advised premises is "padlocked" and are directed to leave and refuse to do so. NOTE: Caution should be exercised to avoid arresting persons who are legitimately in the premises (e.g., repairmen actually making repairs). However, these individuals must obtain permission from the precinct desk officer prior to entering location. IF VIOLATION OF DISCONTINUANCE ORDER IS SUSPECTED ASSIGNED SUPERVISOR 47. Immediately notify Organized Crime Control Bureau, Field Operations Desk, if illegal activity is suspected and an arrest can not be effected. 48. Forward a copy of the ON LINE BOOKING SYSTEM ARREST WORKSHEET to the Organized Crime Control Bureau, when an arrest is effected in POSTED premises. a. Include information required by step 24 and following "NOTE:." 49. Notify Organized Crime Control Bureau. COMMANDING OFFICER CONCERNED 50. Submit a report in quadruplicate each Monday for the previous Sunday to Saturday (inclusive) to Patrol Services Bureau (through channels) and indicate the following for each location: a. Number of visits made to premises b. Number of violations observed c. Number of summonses issued and/or arrests for violation of the Police Commissioner's Order d. Any incidents, including arrests other than for violations of Police Commissioner's Order e. Number of times necessary to repost PADLOCK CLOSING ORDER. LEGAL BUREAU 51. Notify Organized Crime Control Bureau when an Order of Discontinuance and/or a Bond is posted in regard to a premise. O.C.C.B. COMMANDER CONCERNED 52. Direct field units to visit periodically those premises where an Order of Discontinuance and/or Bonds have been posted. 53. Submit a report monthly to Organized Crime Control Bureau and indicate the following for each location: a. Date and time of visit to premises b. Any incidents, and/or arrests at posted location. 54. Immediately notify Legal Bureau if an arrest is effected in a posted location. PATROL SERVICES BUREAU 55. Consolidate reports received and forward to: a. Chief of Department b. Legal Bureau c. Organized Crime Control Bureau. RELATED PROCEDURES Invoicing Property General (P.G. 218-01) FORMS AND REPORTS DISCONTINUANCE ORDER (PD672-132) DISCONTINUANCE ORDER POSTER (PD672-132) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PADLOCK CLOSING ORDER POSTER (PD672-130) PADLOCK CLOSING ORDER (PD672-130) PROPERTY CLERK INVOICE (PD521-141) Padlock Identification Sheet (Misc. 2128) Closing Order Notice Of Hearing Notice Of Violation Order of Discontinuance Organized Crime Control Bureau Padlock Location Information Sheet Trigger Arrest Folder P.G. 214-02 Narcotics Eviction Program Date Effective: 08/01/13 PURPOSE To initiate action in civil court towards identified narcotics operations in privately owned buildings, commercial establishments and rental apartments owned by the New York City Housing Authority. SCOPE The Narcotics Eviction Program involves a cooperative citywide effort between this Department and the respective District Attorney's Office with a goal of evicting drug dealers from dwellings and commercial locations through the initiation of proceedings in civil court. In practice, all narcotics related arrests/seizures made inside locations, and effected by members assigned to the Organized Crime Control Bureau, are reviewed by the District Attorney's Office for potential eviction proceedings. Incidents where there is a summary narcotics related arrest, or incidents of found narcotics/drug paraphernalia, found within a building by patrol personnel, requires the preparation of a precinct COMPLAINT REPORT (PD313-152). This report serves as a mechanism for follow up by the affected community beat officer. PROCEDURE When a uniformed member of the service, other than a member assigned to the Narcotics Division, effects an arrest for any narcotics related offense, or finds narcotics/drug paraphernalia within a building: UNIFORMED MEMBER OF THE SERVICE 1. Comply with appropriate Department procedures, prepare precinct COMPLAINT REPORT (PD313-152), in addition to any other required reports. 2. Include in "Details" section of the COMPLAINT REPORT any information or observations that may indicate that a narcotics operation is involved. COMMUNITY BEAT OFFICER CONCERNED 3. Review Community Policing Unit copy of the COMPLAINT REPORT when received. 4. Determine if the presence of a narcotics operation is indicated, based on both the information contained on the COMPLAINT REPORT, and the officer's knowledge of the beat (i.e., previous incidents, community complaints, etc.). 5. Review incident with community policing unit supervisor if the circumstances indicate that a narcotics operation is present. COMMUNITY POLICING SUPERVISOR 6. Review facts and circumstances of incident. 7. Determine if appropriate for inclusion into the Narcotics Eviction Program. 8. Direct the concerned officer or designee to obtain all related information regarding the incident/location, if incident is determined to be appropriate for inclusion into the Narcotics Eviction Program. a. Include such items as copies of the COMPLAINT REPORT, ON LINE BOOKING SYSTEM WORKSHEET (PD244-159), PROPERTY CLERK INVOICE (PD521-141), community complaints, and other information that would substantiate the determination and be supportive of civil action. 9. Package all related information and forward to the respective county District Attorney's Office, Attention: Narcotics Eviction Program Coordinator. a. Include a short cover letter, briefly describing the incident and location, identity of tenant of record and/or subject, if known. 10. Maintain file copies at the Community Policing Unit office for reference and future review. NOTE: The Narcotics Eviction Program Coordinator, Office of the District Attorney, will determine if the facts substantiate action in civil court. Determination of building ownership, along with all notifications required by statute, will be effected by the District Attorney's Office. Copies of all notification letters will be directed to the respective precinct Community Policing Unit for inclusion into the unit's files. COMMUNITY BEAT OFFICER 11. Advise Community Policing Unit supervisor, or Narcotics Eviction Program Coordinator, as appropriate, of any other incidents regarding either the building owner or the submitted location. 12. Document information in the appropriate file. DIRECTOR, POLICE LABORATORY 13. Ensure that all found/investigatory controlled substances are maintained at the Police Laboratory or Property Clerk's Office for a minimum of three months from the date of the incident. NOTE: Requests for laboratory analysis pursuant to civil or criminal court proceedings will be effected by the District Attorney's Office, and handled in the normal manner. When such request is made, the Police Laboratory will test up to felony weight, as applicable. COMMUNITY POLICING SUPERVISOR 14. Ensure that an effective liaison is maintained with the Narcotics Eviction Program Coordinator regarding ongoing efforts in this area. 15. Maintain appropriate contact with concerned borough narcotics district of the Organized Crime Control Bureau regarding locations involved in this initiative. 16. Bring to the attention of the Precinct Management Team (PMT) appropriate efforts or initiatives relating to the Narcotics Eviction Program at the command. UNIFORMED MEMBER OF THE SERVICE 17. Respond to all narcotics eviction related cases, including civil and criminal court, or District Attorney's Office for case preparation, as directed and notified by the Appearance Control Unit. COMMUNITY BEAT/SECTOR OFFICER 18. Contact the Narcotics Eviction Program Coordinator if any observations indicate renewed illicit activity when an eviction order has been obtained or the subject premises has been otherwise vacated. NOTE: In instances such as described above, community beat officers should establish liaison with the building owner/tenant group and emphasize the common goal of placing a desirable tenant in the location. COMMANDING OFFICER/COUNTERPART 19. Include initiatives taken towards these locations as a topic for Precinct Management Team (PMT) meetings as appropriate. 20. Ensure that there is both an effective information exchange and cohesive effort between precinct and Organized Crime Control Bureau Narcotics Division personnel as it relates to this effort. ADDITIONAL DATA When considering the circumstances of an incident, it should be noted that an eviction can be brought upon direct or circumstantial evidence that the premise is used for an illegal narcotic business. EXAMPLES OF DIRECT EVIDENCE include: a. Observations of the direct sale of narcotics, OR b. Inculpatory statements by occupants regarding the sale of narcotics. EXAMPLES OF CIRCUMSTANTIAL EVIDENCE, which supports most eviction proceedings, include: a. Recovery of an amount of narcotics inconsistent with personal use (typically 1/8 of an ounce or more) OR, b. Recovery of cutting agents, scales, strainers, pestles, empty or new glassine envelopes or vials, plastic bags, rubber stamps, drug records, and other items associated with the preparation, manufacture, packaging, or storage of narcotics. Recovery of evidence that lacks indications of a business operation, and is more consistent with mere personal use of narcotics, would not support an eviction and should not be forwarded to the District Attorney's Office. Cases that pertain to narcotics activity outside of homes and stores (i.e., stairwells, hallways, street, etc.) would not support action unless there is evidence linking the activity to interior premises. Questions regarding this area may be directed to the respective District Attorney's Office. The addresses and telephone numbers of the respective county District Attorney's Narcotics Eviction Program Coordinators are as follows: District Attorney County of New York 1 Hogan Place Special Projects Bureau New York, NY 10013 (212) 335-4371 District Attorney Kings County 210 Joralemon Street Room 610 Brooklyn, NY 11201 (718) 802-2204 District Attorney Richmond County 36 Richmond Terrace Staten Island, NY 10301 (718) 390-2604 District Attorney Bronx County 215 East 161st Street Room 3DA - 11 Bronx, NY 10451 (718) 590-6790 District Attorney Queens County 125-01 Queens Blvd. Civil Enforcement Bureau Kew Gardens, NY 11415 (718) 286-6507 FORMS AND REPORTS COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) P.G. 214-03 Graffiti Reward Program Date Effective: 08/01/13 PURPOSE To reward individuals whose reports of acts of graffiti vandalism in progress result in arrests by members of this Department. SCOPE Administrative Code Section of the Police Commissioner, "information leading to the person(s)" who violates the vandalism. 10-117.2 authorizes the Mayor, upon recommendation to pay a reward of up to five hundred dollars for apprehension, prosecution or conviction of any Administrative Code provisions regarding graffiti PROCEDURE When an individual reports an act of graffiti vandalism in progress to the Department: UNIFORMED MEMBER OF THE SERVICE 1. Respond to report of graffiti vandalism and arrest violator if still present. 2. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A), and, if applicable, comply with normal arrest processing procedures. 3. Take digital photographs of graffiti vandalism for forwarding to the Citywide Vandals Task Force for database entry. 4. Immediately notify the Citywide Vandals Task Force to respond for prisoner debriefing in all graffiti arrest cases. a. Obtain a log number from the Citywide Vandals Task Force member and enter it in the "Notifications" caption of the COMPLAINT REPORT WORKSHEET. DESK OFFICER 5. Verify response of Citywide Vandals Task Force personnel for prisoner debriefing. a. Ensure uniformed member of the service complies with steps "2", "3", and "4", above. 6. Obtain a copy of arrest paperwork, attached a copy of the SPRINT printout of job, if arrest was made as a result of a radio run, and forward as follows: a. Commanding officer/executive officer b. Special operations lieutenant c. Commanding Officer, Citywide Vandals Task Force. SPECIAL OPERATIONS LIEUTENANT 7. Ensure uniformed members of the service comply with the provisions of this procedure. 8. Maintain a file of arrest paperwork for arrests made pursuant to the Graffiti Reward Program. COMMANDING OFFICER, CITYWIDE VANDALS TASK FORCE 9. Maintain the Graffiti Reward Program file and database of all reward recipients and pending cases. 10. Attend Graffiti Reward Program Board meetings, chaired by the Executive Officer, Office of the Chief of Department, and a representative from the New York City Police Foundation. 11. Maintain the Graffiti Reward Program bank account and issue all reward checks after approval by the Graffiti Reward Program Board. 12. Assign Citywide Vandals Task Force personnel to deliver reward payments. a. Ensure all reward payments are delivered and receipted for. 13. Comply with directions received from the Director, Audits and Accounts Unit pertaining to audits. EXECUTIVE OFFICER, OFFICE OF THE CHIEF OF DEPARTMENT 14. Convene and chair Graffiti Reward Program meeting with the Commanding Officer, Citywide Vandals Task Force, and a representative from the New York City Police Foundation. ADDITIONAL DATA ELIGIBILITY No police officer, peace officer or any other law enforcement officer, or other city employees acting within their official capacities are entitled, directly or indirectly, to collect or receive any reward under this program. OPERATIONAL CONSIDERATIONS In all cases where an individual may be eligible for a reward under the Graffiti Reward Program, the Citywide Vandals Task Force must be notified, and a copy of all arrest paperwork will be sent to the Commanding Officer, Citywide Vandals Task Force. FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 214-04 Operational Guidelines For Anti-Graffiti/Vandalism Unit Date Effective: 01-01-00 Revoked Interim Order 17-7 Series Issued 10-15-04 I.O. 1-8 Issued 12/20-11 P.G. 214-05 Selection And Utilization Of Auxiliary Police Officer Volunteers And Undercovers For "Quality Of Life" Enforcement Date Effective: 08-01-13 PURPOSE To establish guidelines for the utilization of auxiliary police volunteers as undercovers for "Quality of Life" enforcement, i.e., Alcohol Beverage Control Law, sale of box cutters, sale of spray paint cans/broad tip markers, etc. SCOPE A volunteer auxiliary police officer is eligible to participate in enforcement as an undercover if his/her age is within the limits specified by the statute of law being enforced. Auxiliary police officers will be considered eligible for these assignments ONLY upon the recommendation of their precinct's special operations lieutenant and after receiving proper training by the borough Vice Module and the Auxiliary Police Section. PROCEDURE When considering an auxiliary police officer volunteer for possible use as an undercover in a "Quality of Life" enforcement effort: SUPERVISOR OF BOROUGH VICE MODULE/PRECINCT CONDITIONS UNIT 1. Contact borough auxiliary police coordinator. a. Each coordinator maintains a list of the names, dates of birth, and telephone numbers of auxiliary police officers who are eligible for assignment. It is the responsibility of the borough Vice Module or precinct special operations lieutenant to determine whether the volunteer auxiliary police officer is within the age limitation of the "Quality of Life" statute being enforced and confirm reporting location, time and dress code. Each auxiliary police volunteer will report to his/her precinct unit or resident precinct, for pick-up by Vice Module or precinct conditions unit and returned to that location upon completion of tour. b. Volunteer auxiliary police officers will never be utilized for undercover operations involving prostitution and/or narcotics enforcement. c. Volunteer auxiliary police officers utilized in undercover capacity will not operate in resident or assigned precinct. NOTE: Only auxiliary police officers who are on the list may be utilized as undercovers for "Quality of Life" operations. There are no exceptions. An auxiliary police officer notified for assignment and reporting to the precinct shall receive a minimum of four hours of credited time regardless of the actual extent of the operation. 2. Ensure the auxiliary police officer volunteer has received the training course conducted by the Vice Enforcement Division, and training in safety, tactics and integrity conducted by the auxiliary police section, and has signed the required affidavits at the appropriate time if the "Quality of Life" enforcement concerns underage drinking. a. Ensure a signed parental consent form is obtained if the volunteer auxiliary police officer is under the age of eighteen. 3. Ensure that the auxiliary police officer volunteer is within the age limits specified by the statute of law being enforced. a. Auxiliary police officers under eighteen years of age may be trained, however, they will not be utilized until they reach eighteen years of age. 4. Prohibit the auxiliary police volunteer from performing an undercover operation in either their precinct of assignment or precinct of residence. 5. Prepare an Auxiliary Police Roll Call APS #10, for the auxiliary volunteer to sign in upon pick-up as "On Duty" and for signing out when dropped off at the end of his/her tour. a. The Original APS #10 is to be forwarded to the borough auxiliary coordinator and a copy to the auxiliary coordinator of the precinct to which the auxiliary police volunteer is assigned, via Department mail. (Refer to Auxiliary Guide procedures 6-7, attachment "A," for sample forms). 6. Prepare a recapitulation of the enforcement activity. The conditions supervisor will forward a copy of this recapitulation to the borough auxiliary police coordinator; the vice supervisor forwards one to the Narcotics Division. 7. Interview auxiliary police volunteer prior to undercover operation. a. Ensure that the auxiliary police volunteer is thoroughly briefed as to all aspects of operation. b. Take a photograph of auxiliary police volunteer on day of enforcement along with a photocopy of the volunteer's Auxiliary Police Identification Card (Misc. 3948). Both items will be filed in the arrest folder of defendant(s) apprehended. 8. Observe undercover at all times during the operation. a. Witnessing officer MUST observe the violation of the "Quality of Life" statute being enforced. 9. Comply with P.G. 216-13, "Auxiliary Police Officer Killed Or Injured While Performing Duty", in the event the auxiliary volunteer is injured or killed during the course of an undercover operation. BOROUGH AUXILIARY COORDINATOR 10. Update approved list of auxiliary police volunteers semi-annually on the 5th day of January and July based on the recommendation of the precinct Special Operations Lieutenant and completion of appropriate training. a. Forward copy of list to the Commanding Officer, Auxiliary Police Section, and Commanding Officer Narcotics Division. 11. Ensure that each auxiliary police officer volunteer receives the proper training course regarding safety, tactics and integrity conducted by the Narcotics Division. 12. Prepare and forward monthly enforcement recapitulation to Auxiliary Police Section by the tenth day of the month for the preceding month's operation(s). COMMANDING OFFICER, BOROUGH VICE MODULE 13. Forward "MONTHLY RECAPITULATION OF AUXILIARY POLICE UTILIZATION IN UNDERAGE DRINKING ENFORCEMENT REPORT" to the Commanding Officer, Auxiliary Police Section by the 10th day of the month, for the preceding month (see Auxiliary Guide procedures 6-7, attachments "B" or "C", for sample form). 14. Confer with the borough auxiliary coordinator and the Auxiliary Police Section Training Unit as the pool of trained auxiliary police volunteers begins to diminish. a. Request recruitment of new volunteers and arrange for their training with the Narcotics Division. NOTE: Commanding officer, borough Vice Module will make every reasonable effort to ensure an auxiliary's undercover duties and subsequent court appearances do not conflict with the auxiliary's school or work schedule. PRECINCT SPECIAL OPERATIONS LIEUTENANT 15. Direct the precinct's auxiliary coordinator to identify, by personnel data records and conferral with Auxiliary Police Section, those auxiliary police officers over eighteen and less than twenty years and six months of age for possible assignment. 16. Interview the prospective auxiliary police volunteer to determine suitability for this particular type of assignment. 17. Make selection of suitable auxiliary police volunteers based upon member's maturity, background, ability to make sound judgment, communication skills and demeanor. 18. Advise auxiliary police volunteer, prior to recruitment and during training, that he/she may be subpoenaed by the defendant to testify in criminal court or in a State Liquor Authority hearing. 19. Direct that the precinct auxiliary coordinator forward to the borough auxiliary coordinator and Auxiliary Police Section, Training Unit a list of selected auxiliary volunteers recommended for this assignment, semi-annually (by the 5th day of January and July). 20. Notify the borough auxiliary police coordinator, Narcotics Division, and Auxiliary Police Section immediately, to remove an auxiliary police volunteer from this list, if their status changes, (i.e., age, suspended, arrested, leave of absence, dismissal, etc). 21. Prepare and forward report to the borough Auxiliary Coordinator after each operation in which an auxiliary police officer is used as an undercover. a. Include officer's identity, unit, number of purchases attempted, number of purchases made, number of summonses issued, and any comments relative to the officer's performance as an undercover. RELATED PROCEDURES Auxiliary Police Officer Killed Or Injured While Performing Duty (P.G. 216-13) P.G. 214-06 Operational Guidelines For Homeless Outreach Unit Date Effective: 08-01-13 PURPOSE To create and implement strategies for dealing with the homeless population of New York City. PROCEDURE To introduce homeless persons to the myriad services available to them within the City of New York and to assist them in gaining access to those services, uniformed members of the service assigned to the Homeless Outreach Unit will operate under the following guidelines: COMMANDING OFFICER, HOMELESS OUTREACH UNIT 1. Designate operational zones within each patrol borough to allow for a concentrated effort within a limited geographical area for a fixed period of time. NOTE: Information provided by borough commanders, commanding officers, Department of Homeless Services, community boards and service providers, as well as observations made by members of the Unit, would be considered when determining target areas. 2. Evaluate effectiveness of Homeless Outreach Unit operations constantly. a. Adjust target zones as necessary. 3. Schedule supervisory officers to ensure that at least one supervisor is assigned on every tour. 4. Schedule uniformed members of the service with the aim of deploying three vans on every tour. SUPERVISOR, HOMELESS OUTREACH UNIT 5. Select operational locations within the target zone on a daily basis. 6. Assign each van to a location within the target zone. a. Designate one van as a "Response Unit" to handle calls for assistance from field units. 7. Designate an area within the confines of the operational area where the van will be secured. NOTE: A minimum of two police officers, each equipped with a portable radio, will be assigned to staff each van. One officer will monitor the Citywide/Special Operations Division frequency while the other officer will monitor the division frequency in which outreach operations are being conducted. UNIFORMED MEMBER OF THE SERVICE 8. Interview consenting homeless persons only and assess their condition to determine the services which they require. a. If homeless person is identified as a client of the Department of Homeless Services or other service provider, that agency will be contacted to respond, if available, in order to continue outreach efforts. 9. Advise homeless persons of services available to them. a. Offer transportation to facilities where such services can be obtained. 10. Escort homeless persons who accept offer of assistance to Homeless Outreach Unit van. a. Transport such persons to city shelter or other location depending on: (1) Type of assistance needed (2) Time of day (3) Availability of service provider, etc. 11. Document each contact with a homeless person on CONTACT INFORMATION SHEET (PD 304-140). a. Indicate whether or not offer of services was accepted. 12. Request response of Homeless Outreach Unit supervisor in the following situations: a. Emotionally Disturbed Person (EDP): If homeless person encountered appears to be mentally ill or temporarily deranged and is conducting him/herself in a manner in which the uniformed member reasonably believes is likely to result in serious injury to him/herself or others. (1) Comply with the provisions of P.G. 216-05, "Mentally Ill or Emotionally Disturbed Persons." b. Acute Medical Condition: If homeless person encountered is suffering from an acute medical condition, request response of an ambulance, in addition to the Homeless Outreach Unit supervisor, and comply with the provisions of P.G. 216-01, "Aided Cases General Procedure." c. Intoxicated: If intoxicated homeless person is encountered, the homeless person may be removed only to an alcohol detoxification center upon their consent. NOTE: If the homeless person's intoxication leads the Homeless Outreach Unit members on the scene to reasonably believe that the person's intoxication is likely to result in serious injury to him/herself or others, P.G. 216-05, "Mentally Ill Or Emotionally Disturbed Persons" will be complied with. d. Repeated Encounters: Homeless persons who refuse services after repeated encounters should be referred to Department of Homeless Services personnel. e. Arrest or Summons: If homeless person encountered appears physically and mentally normal but violates the law, including repeated minor infractions, enforcement action will be taken and the Homeless Outreach Unit supervisor will respond to all such incidents that result in an arrest or the issuance of a summons. NOTE: A homeless person who is apparently physically and mentally normal and who refuses services is free to either leave or remain at a location. In the event that a Homeless Outreach Unit supervisor is unavailable, an Emergency Service Unit supervisor will be requested to respond via the Citywide/Special Operations Division radio frequency. If an Emergency Service Unit supervisor is unavailable, a patrol supervisor will be requested to respond from the precinct where the outreach operations are being conducted. ADDITIONAL DATA Homeless Outreach Unit personnel will provide information and training to command personnel regarding services available to the homeless, as well as strategies and tactics for dealing with homeless persons. The Homeless Outreach Unit Office is located at 370 Jay Street, Room 513, Brooklyn, New York, telephone number (718) 243-3620, and normal hours of operation are 0700 to 2400 hours, seven days per week. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) FORMS AND REPORTS CONTACT INFORMATION SHEET (PD 304-140) P.G. 214-07 Cases For Legal Action Program Date Effective: 08/01/13 PURPOSE To ensure that all New York City Public Housing residents who are arrested pursuant to the execution of a search warrant where contraband is recovered or arrested for a designated crime committed on the grounds of any New York City Public Housing Development are targeted for possible eviction proceedings under the "Cases for Legal Action" (CFLA) Program. DEFINITION The warrants and designated crimes for which a New York City Public Housing resident is arrested, and subsequently can be targeted for possible eviction proceedings under the CFLA program, are classified as follows: * (Category I) - All residents arrested as the result of a search warrant where contraband is recovered. * (Category II) - All residents arrested for a felony narcotics related charge including those related to marijuana. * (Category III) - All residents charged with one or more of the following charges: a. Murder 1st, 2nd or attempt b. Rape 1st or attempt c. Robbery 1st or 2nd d. Assault 1st e. Burglary 1st f. Arson 1st, 2nd or 3rd g. Criminal Sexual Act 1st or attempt h. Course of Sexual Conduct Against a Child 1st or attempt i. Aggravated Sexual Abuse 1st or attempt j. All firearms offenses listed in Article 265 of the N.Y.S. Penal Law * (Category IV) - Any other case deemed appropriate by a Commanding Officer and after conferral with the CFLA coordinator and with the approval of the Chief of Housing Bureau. PROCEDURE Whenever any uniformed member of the service (e.g. Organized Crime Control Bureau or Detective Bureau) effects an arrest of a New York City Public Housing resident sixteen years older pursuant to the execution of a search warrant where contraband is recovered or for the commission of a designated crime committed on the grounds of any New York City Public Housing Development, the following procedure will be complied with: NOTE: For the purposes of this procedure it should be noted that a resident of public housing can still be subject to the provisions of this program even though: * the resident is not arrested or present at the time that the search warrant is executed, or * the "triggering incident" (i.e. arrest pursuant to the execution of a search warrant where contraband is recovered or arrest for a designated crime) occurs in a housing development other than the one in which the resident lives. UNIFORMED MEMBER OF THE SERVICE 1. Upon arresting a New York City Housing Authority (NYCHA) resident pursuant to the execution of a search warrant where contraband is recovered or for a designated crime as defined in this procedure, prepare a CFLA package consisting of the following documents: a. CASES FOR LEGAL ACTION COVER SHEET (PD149-090) b. Copy of computer generated ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) c. Copy of computer generated COMPLAINT REPORT (PD313-152) d. Copy of PROPERTY CLERK INVOICE (PD521-141), when prepared e. Copy of [I.O. 63 s 13] REQUEST FOR LABORATORY EXAMINATIONREPORT (PD521-168), when prepared f. Copy of NYCHA Trespass Notice, when prepared g. Copy of Search Warrant (not the application for a search warrant), when applicable. 2. Forward completed CFLA package to the arresting officer's commanding officer/designee. NOTE: Arresting officers will redact any information which may indicate the identity of a confidential informant, a juvenile (other the Juvenile Offender), victim of a sex crime or any other sealed records or confidential information required by law. COMMANDING OFFICER/DESIGNEE 3. Verify a CFLA package has been prepared for all qualified arrests. 4. Ensure completeness of CFLA packages. 5. Forward CFLA packages daily to the Housing Bureau Special Operations Section, 2768 Eight Avenue, Room 507, New York, New York, 10013, Attention: CFLA Coordinator. CFLA COORDINATOR 6. Review packages for completeness and ensure information is redacted, as necessary. 7. Identify cases eligible for the Housing Authority's Expedited Eviction Program. 8. Process and forward CFLA packages to the New York City Housing Authority daily to initiate proceedings. RELATED PROCEDURES Duplicate Copies of Complaint Reports (P.G. 207-05) Preliminary Investigation of Vice, Narcotics or Organized Crime-Related Complaints (P.G. 207-08) Search Warrant Applications (P.G. 212-75) Narcotics Eviction Program (P.G. 214-02) FORMS AND REPORTS CASES FOR LEGAL ACTION COVER SHEET (PD149-090) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) [I.O. 63 s 13] REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) P.G. 214-08 Chronic Abuser Alarm Procedures Date Effective: 08/01/13 PURPOSE To save manpower by reducing police response to locations when three or more alarms, within a three month period, were determined to be unnecessary/unfounded. PROCEDURE Upon response to a radio code signal 10-11 (Alarm Condition) and investigation discloses transmission of alarm was unnecessary or unfounded: UNIFORMED MEMBER OF THE SERVICE 1. Prepare NOTICE OF UNNECESSARY ALARM (PD310-120), enter name of person served and complete appropriate captions. 2. Serve original copy of NOTICE OF UNNECESSARY ALARM to person qualified to accept service. NOTE: Person Qualified to Accept Service of a NOTICE OF UNNECESSARY ALARM owner, corporate officer, manager, and supervisor, or in their absence, adult employee of firm or adult resident of premises. 3. Report disposition (code signal 10-90N - Notice Served Unnecessary/Unfounded Alarm) to Communications Section. 4. Deliver remaining copies of NOTICE OF UNNECESSARY ALARM to desk officer for Crime Prevention Officer. PERSON QUALIFIED TO ACCEPT SERVICE OF NOTICE OF UNNECESSARY ALARM NOT PRESENT: UNIFORMED MEMBER OF THE SERVICE 5. Prepare NOTICE OF UNNECESSARY ALARM and place original in mailbox or under door. 6. Report disposition (code signal 10-90N - Notice Served Unnecessary/Unfounded Alarm) to Communications Section. 7. Check box "DOOR SERVICE" on remaining copies of NOTICE OF UNNECESSARY ALARM and deliver to desk officer for Crime Prevention Officer. NOTE: A NOTICE OF UNNECESSARY ALARM must be served for an unnecessary/unfounded alarm including an alarm caused by user error. UNABLE TO SERVE NOTICE OF UNNECESSARY ALARM (DEFERRED SERVICE): UNIFORMED MEMBER OF THE SERVICE 8. Prepare NOTICE OF UNNECESSARY ALARM (Deferred Service) when qualified person not present or NOTICE cannot be placed in mailbox or under door. 9. Report disposition (code signal 10-90N3 - Deferred Service) to Communications Section. 10. Deliver all copies of NOTICE OF UNNECESSARY ALARM to desk officer for deferred service by Crime Prevention Officer. CRIME PREVENTION OFFICER 11. Inspect previous COMPLAINT REPORT (PD313-152) locations prior to having NOTICE OF UNNECESSARY ALARM (Deferred Service) delivered to premises, on next business day, to guard against improper service. NOTE: No NOTICE is to be served to a premise where a crime was committed. 12. Direct member making delivery to complete "Deferred Service" section of NOTICE OF UNNECESSARY ALARM. a. Serve original copy of NOTICE to person qualified to accept service, or b. Place original copy in mailbox or under door, if necessary, and check box "DOOR SERVICE" on remaining copies. 13. Have remaining copies of NOTICE OF UNNECESSARY ALARM delivered to desk officer. NOTE: If investigation discloses evidence of a crime or attempted crime when a NOTICE OF UNNECESSARY ALARM (Deferred Service) is delivered to a qualified person or "door service" has been effected, uniformed member of the service making the delivery will prepare COMPLAINT REPORT WORKSHEET (PD313-152a), if appropriate, and complete "Revised Disposition" section of NOTICE OF UNNECESSARY ALARM. 14. Prepare and place an additional copy of NOTICE OF UNNECESSARY ALARM, for all "door service" cases in an envelope addressed to owner or manager, and forward via next Department mail to Mail and Distribution Unit, Police Headquarters, for postage mailing and indicate date forwarded on precinct copy of NOTICE. 15. Maintain NOTICE OF UNNECESSARY ALARMS master file in precinct for all: a. Personally served NOTICES b. "Door service" NOTICES c. "Deferred Service" NOTICES d. "Revised Disposition" NOTICES e. Executed "Termination" NOTICES. 16. Obtain "Abuser Alarm Location Notification" (Notice Memo) from FINEST printer each day. NOTE: The Management Information System Division (MISD) forwards the "Abuser Alarm Location Notification" listing to each command daily. 17. Review "Abuser Alarm Location Notification" listing with precinct commanding officer to determine which locations to be terminated. 18. Prepare, and personally serve, TERMINATION NOTICE - CHRONIC ALARM LOCATION (PD310-121) to identified premises, only when directed by precinct commanding officer. 19. Maintain copy of "Abuser Alarm Location Notification" indicating continued response, or reinstatement. a. Maintain copy of Transmittal Letter (Misc. 1726) when reinstating without "Abuser Alarm Location Notification." 20. Provide assistance to persons seeking methods to improve alarm performance. 21. Perform alarm system and/or premises security surveys in appropriate instances. 22. Maintain record of all contacts regarding alarm abuse locations, e.g., information given to improve alarm performance, system modifications recommended and implemented, premises surveys and results, uncooperative or indifferent attitude, etc. 23. Enter/post to the Alarm Board Notification System Database, on a daily basis, all: a. Personally served NOTICES b. "Door service" NOTICES c. "Deferred Service" NOTICES d. "Revised Disposition" NOTICES e. "Termination" NOTICES f. "Continued Response" NOTICES g. "Reinstatement" NOTICES. TERMINATING RESPONSE TO CHRONIC ALARM LOCATIONS: PRECINCT OPERATIONS COORDINATOR 24. Verify that copy of NOTICE OF UNNECESSARY ALARM is on file for each unnecessary response listed on "Abuser Alarm Location Notification." 25. Personally review precinct records relative to premises identified by "Abuser Alarm Location Notification" as a "Chronic Alarm Location." 26. Ascertain, from precinct Crime Prevention Officer, if any inquiry was received from location identified as chronic regarding methods to improve alarm performance. 27. Evaluate any attempt at location to correct condition, e.g., system modifications, nature and extent of employee training in alarm use, etc. PRECINCT COMMANDING OFFICER/DESIGNEE 28. Meet with alarm abuser to stress the need for improvement in his/her system or personnel training, in appropriate cases. PRECINCT COMMANDING OFFICER 29. Consider advisability of alternative action in lieu of termination response to location, in appropriate cases. 30. Direct crime prevention officer to have form NOTICE OF CONTINUANCE/CHRONIC ALARM LOCATION (PD115-110) served on alarm user when determination is made to continue response because premises/location is sensitive, e.g., hours of worship, certain types of business, etc. 31. Approve service of TERMINATION NOTICE when warranted, by personally signing original and duplicate of NOTICE immediately above "Delivery Endorsement" section. a. Sign "Abuser Alarm Location Notification" (Notice memo) and Transmittal Letter (misc. 1726). 32. Direct personal service of TERMINATION NOTICE to qualified person. REINSTATEMENT OF RESPONSE FOR TERMINATED CHRONIC ALARM LOCATIONS: PRECINCT COMMANDING OFFICER 33. Review all written requests and supporting documents, if any, received relative to reinstatement. 34. Review precinct records relative to terminated premises. 35. Confer with crime prevention officer to determine receipt of any additional unnecessary alarms since termination. 36. Review record of contacts between precinct crime prevention officer and person in charge at chronic alarm location. 37. Require alarm system and/or premises security survey prior to reinstatement, as appropriate. 38. Approve or disapprove a request for reinstatement. a. Have person qualified to accept service personally served with decision in writing. b. Inform crime prevention officer of decision to reinstate. (1) If reinstatement is approved, notify person in charge of premises at terminated location to anticipate a minimum of forty-eight hours delay before crime prevention officer can re-enter premises to a response mode. c. File copy in precinct, indicating firm name, name and address of person notified and time and date of notification on file copy. ADDITIONAL DATA When a signal "10-11" is received at precinct telephone switchboard, the job will be telephoned to 911 for Communications Section processing. To facilitate proper transfer of the responsibilities and functions to the precincts, "HELP" desks have been established to assist precinct crime prevention officers in operating the program. These telephone numbers are: Management Information Systems Division - (212) 374-3800 Police Academy, Computer School - (212) 477-9274 FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152a) NOTICE OF CONTINUANCE/CHRONIC ALARM LOCATION (PD115-110) NOTICE OF UNNECESSARY ALARM (PD310-120) TERMINATION NOTICE - CHRONIC ALARM LOCATION (PD310-121) P.G. 214-09 Taxi And Limousine Commission Padlock Enforcement Program Date Effective: 08/01/13 PURPOSE To assist Taxi and Limousine Commission (T.L.C.) agents in the padlocking of unlicensed livery base locations. SCOPE In an attempt to close unlicensed livery car base locations, the Taxi and Limousine Commission has instituted a padlock program for citywide enforcement. This Department, in its continuing policy of inter-agency cooperation, will assist the Commission in its endeavor whenever possible. Accordingly, when requested by the Taxi and Limousine Commission, uniformed members of the service will accompany that agency's representatives to the initial sealing of unlicensed premises. Uniformed members will also accompany them when they perform follow-up padlocking ten days after the initial padlockings. The function of uniformed members at these padlockings will be to preserve the peace and ensure that the Taxi and Limousine Commission representatives are not prevented from performing their duties. This Department will assist the Taxi and Limousine Commission with enforcement action if necessary. However, arresting officers and complainants will be provided by the Taxi and Limousine Commission. PROCEDURE When a request is made by the Taxi and Limousine Commission to assist at the initial, and follow up, padlocking of an unlicensed livery base location: UNIFORMED MEMBER OF THE SERVICE 1. Accompany the Taxi and Limousine Commission agents to the location and ensure they are not prevented from performing their duties. 2. Assist the Taxi and Limousine Commission agents in taking enforcement action, if necessary. NOTE: In arrest situations, the arresting officer and the complainant will be provided by the Taxi and Limousine Commission. DESK OFFICER 3. Assign uniformed member of the service concerned to conduct daily inspections of the padlocked locations. NOTE: If violations are observed, the Taxi and Limousine Commission will be notified by telephone at (212) 676-1000. Violations observed after business hours will require a follow up notification the following day. ADDITIONAL DATA The Taxi and Limousine Commission has informed this Department that any precinct command that has a problem regarding an unlicensed livery base may call them at (212) 676-1000 and request that they undertake enforcement action at the location. P.G. 214-10 Unlawful Posting Of Signs Date Effective: 08/01/13 PURPOSE To prevent unlawful posting of signs on public streets. PROCEDURE Upon observing an unauthorized sign posted on a gutter, lamppost, telephone pole or tree within the boundaries of a public street or highway: UNIFORMED MEMBER OF THE SERVICE 1. Serve summons for Administrative Code Section 10-119 (a violation) to person observed posting sign. 2. Remove the sign, if possible, and place it in a trash basket. P.G. 214-11 Enforcement Activities Regarding Obscenity (Penal Law Article 235) And Public Display Of Offensive Material (Penal Law Section 245.11) Date Effective: 08/01/13 PURPOSE To establish guidelines relating to the enforcement of laws regarding the public display of sexually explicit or offensive material. PROCEDURE Whenever a uniformed member of the service observes or receives a complaint regarding the public display of sexually explicit or offensive material (i.e., photographs, magazines, videos and other related material displayed in store windows, magazine racks, newsstands, movie marquees or otherwise exposed to public view): UNIFORMED MEMBER OF THE SERVICE 1. Immediately notify the patrol supervisor. NOTE: Do not take any enforcement action, including effecting arrests, issuing summonses or seizing any suspected obscene materials or entering into the private areas of stores or other premises. PATROL SUPERVISOR 2. Respond to the location and determine if: a. The material or item is easily visible from any public street, sidewalk or transportation facility, or is displayed inside any premise that is accessible to members of the public without a fee for admission, AND b. The material depicts actual or simulated sexual conduct, including acts of masturbation, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or if such person be a female, breasts; or sado-masochistic abuse including flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or in the condition of being fettered, bound or otherwise physically restrained. 3. Make ACTIVITY LOG (PD112-145) entry regarding: a. Nature of the display b. Sexual activity depicted and the circumstances surrounding the display's public visibility (i.e., size of display, distance from the street or sidewalk, etc.,) c. Character of the location, such as commercial or residential, including the proximity of the display to schools, places of amusement, parks and playgrounds. 4. Consult with Legal Bureau upon completion of investigation. NOTE: Patrol supervisors and other uniformed members of the service will take no enforcement action in this matter, including effecting arrests, issuing summonses, or seizing any suspected obscene material, or entering into the private areas of stores or other premises, without the specific direction of the Legal Bureau. ADDITIONAL DATA While possession of obscene material may be illegal in some cases, an arrest for the violation of any provision of Penal Law Article 235 (Obscenity) can only be made following a judicial determination that the item is obscene. Subject items would need to be purchased, or otherwise obtained lawfully, and presented to a judge for review. Members of the service must not take any enforcement action in incidents involving the possession of suspected obscene materials or suspected obscene or offensive performances. In those circumstances the members concerned should notify the Legal Bureau. While no summary enforcement action can be taken pursuant to Penal Law Article 235 (Obscenity), members of the service, under appropriate circumstances, may take summary enforcement action for the PUBLIC DISPLAY of offensive sexual material (Penal Law Section 245.11, entitled "Public Display Of Offensive Sexual Material", a class A misdemeanor). When contemplating enforcement of this penal law section, members of the service are to strictly adhere to the above guidelines. P.G. 214-12 Unlawful Evictions Date Effective: 08/01/13 PROCEDURE To protect the rights of a person who is being or has been unlawfully evicted from his dwelling unit. DEFINITIONS UNLAWFUL EVICTIONS - Purpose of the law is to discourage, through the imposition of substantial criminal and civil penalties, unlawful evictions to occupants of dwelling units, by methods which often involve: a. Force and violence, or b. The denial of essential services, or c. Other serious Building Code and Health Code violations. The law makes it unlawful for any person to evict or attempt to evict an occupant by: a. Using or threatening to use force, or b. Interruption or discontinuance of essential services (heat, electricity, water), or c. Removing the occupant's possessions from the dwelling, or d. Removing the entrance door or e. Removing, plugging or rendering inoperable the entrance door lock, or f. Changing the lock on such entrance door without supplying the occupant with a key. Unless a Warrant of Eviction or Government Order to Vacate has been executed, the protective provisions of this law apply in the following circumstances: a. When an individual occupies a dwelling unit pursuant to a lease; or b. When an individual has lawfully occupied a dwelling unit for thirty or more consecutive days; or c. When an individual occupies a dwelling unit within a hotel which is subject to registration under the rent stabilization law (generally single-room occupancies [S.R.O.'S]) and has requested a lease pursuant to provisions of the rent stabilization law. DWELLING - Any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings. Qualifying "dwellings" include: a. One or two family homes b. Multiple dwellings. DWELLING UNIT - Any residential accommodation within a dwelling. MULTIPLE DWELLING - A dwelling which is either rented, leased, let or hired out, to be occupied, or is occupied, or is intended, arranged or designed to be used or occupied, as the residence or home of three or more families living independently of each other. A multiple dwelling includes apartment buildings and hotels. A multiple dwelling does not include: a. A hospital, convent, monastery, asylum or public institution, or b. A fireproof building used wholly for commercial purposes except it may contain one janitor's apartment, and one penthouse occupied by not more than two families. OWNER - Any person, firm or corporation directly or indirectly in control of a dwelling. A tenant who subleases his dwelling unit is in the position of an "owner" with respect to his sub-tenant. PROCEDURE When a uniformed member of the service has probable cause to believe that a person has been unlawfully evicted from his dwelling unit: UNIFORMED MEMBER OF THE SERVICE 1. Prepare summons in cases where the violator is properly identified and occupant is permitted to reenter the dwelling. a. Follow P.G. 209-09, "Personal Service Of Summonses Returnable To Traffic Violations Bureau Or Criminal Court." b. Prepare a separate summons for each offense c. Make summons returnable to: (1) Summons Adjudication Part of Manhattan Criminal Court, if issued in Manhattan, Brooklyn, Bronx or Queens (2) Staten Island Criminal Court, if issued in Staten Island (3) Schedule Return dates at least twenty-one days from the date summons is issued, on the day of the week indicated, according to the borough where violation occurred: * Manhattan - Tuesday * Bronx - Tuesday * Brooklyn - Thursday * Queens - Thursday * Staten Island First Wednesday of the month d. Complete "Complaint/Information" section on front of summons. (1) Specific details of the violation must be provided. e. Personally serve violator with Criminal Court (pink) copy of summons. f. Process remaining copies according to normal procedures. 2. Effect an arrest where the violator: a. Cannot be properly identified, or b. Refuses to permit occupant to re-enter or who through physical obstruction prevents the occupant from re-entering. (1) When an arrest is necessary, the violator shall be brought to criminal court for prompt arraignment. A desk appearance ticket shall not be issued. 3. Refer evicted persons who are unable to secure temporary housing to the New York City Department of Homeless Services. ADDITIONAL DATA If offense was committed in the presence of officer, the officer will sign the "Complaint/Information" section of the summons. When not committed in officer's presence, the officer must ascertain that a crime was committed and request complainant to sign the "Complaint/Information" section. If complainant refuses, officer may sign, "based on information and belief," provided all details as related to the officer by the complainant are included in the "Complaint/Information" section. If a civilian is the complainant, draw a line through the words "Complainant's" and "Complainant" and substitute the words "Officer's" and "Officer," as applicable, on the front of the summons. In addition, draw line through the words, "I personally observed the commission of the offense charged herein" immediately above the "Complainant's Full Name Printed" caption. In addition, IN EVERY CASE IN WHICH A CIVILIAN COMPLAINANT IS INVOLVED, THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE COMPLAINANT WILL BE ENTERED ON THE BOTTOM REVERSE SIDE OF THE "ORIGINAL"SUMMONS UNDER THE CAPTIONS "COMPLAINANT'S FULL NAME PRINTED," "RANK/FULL SIGNATURE OF COMPLAINANT," "DATE AFFIRMED." Unlawful eviction is a class "A" misdemeanor. However, it is not a fingerprintable offense. Substantial civil penalties may also be sought through Corporation Counsel in appropriate cases. When it has been determined that a continuous pattern of unlawful eviction activity exists at a particular location, the precinct commander will confer with Legal Bureau personnel regarding initiation of civil action through the Corporation Counsel. If there is a potential for violence between Family/Household members, the demanding of entrance under this procedure is not required. In Family/Household situations, members of the service are to follow Department domestic violence guidelines. Members of the service should also refer to Legal Bureau Bulletin Vol. 23 No. 1, dated March 1993, for legal reference when dealing with unlawful evictions. RELATED PROCEDURES Family Offenses/Domestic Violence (P.G. 208-36) Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court (P.G. 209-09) Evictions, Repossessions and Other Civil Process (P.G. 214-13) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMMON SUMMONSABLE OFFENSES (PD160-102) P.G. 214-13 Evictions, Repossessions And Other Civil Process Date Effective: 08/01/13 PURPOSE To protect life and property and preserve the peace when involved in the enforcement of eviction warrants or other civil process. SCOPE Uniformed members of the service should be cognizant that incidents to which they respond may be the outgrowth of a civil process. The authority to break and enter pursuant to purely civil process such as repossessions, evictions and civil commitments is given to the city marshal/sheriff. The only assistance which the police must render to a marshal is the general mandate of the New York City Charter to preserve the peace and protect life and property. PROCEDURE When requested to assist in the execution of an eviction warrant or other civil process: DESK OFFICER 1. Assign uniformed member of the service to assist at location involved. UNIFORMED MEMBER OF THE SERVICE 2. Respond to location and examine identification of city marshal/sheriff and if eviction is involved, examine warrant. NOTE: The role of a uniformed member of the service when called to the scene of an eviction or other civil process situation is to preserve the peace and prevent the commission of a crime. The execution of a warrant of eviction is the sole responsibility of the city marshal/sheriff. Where a forced entry is authorized, a city marshal/sheriff is required to do so in the least disruptive way. Uniformed members of the service will not assist in breaking a door or damaging other property to effect a warrant of eviction. The city marshal is responsible for this action, when necessary and authorized. IF SUBJECT OF AN EVICTION OR OTHER CIVIL PROCESS REFUSES TO ALLOW ENTRY OR LEAVE VOLUNTARILY: UNIFORMED MEMBER OF THE SERVICE 3. Notify desk officer and request response of a patrol supervisor, before any further action is taken. PATROL SUPERVISOR 4. Respond to scene and assess situation. NOTE: If subject of eviction warrant or other civil process appears to be emotionally disturbed comply with P.G. 216-05, "Mentally Ill or Emotionally Disturbed Persons." IF SUBJECT OF EVICTION OR OTHER CIVIL PROCESS ALLOWS ENTRY: UNIFORMED MEMBER OF THE SERVICE 5. Enter premises with city marshal/sheriff and landlord/representative and remain until eviction or civil process is executed. 6. Make following entry in ACTIVITY LOG (PD112-145): a. Name and shield number of city marshal/sheriff b. Time of entry into tenant's premises c. Location of tenant's premises in building d. Name of tenant e. Note if tenant is present or not f. Whether city marshal/sheriff or landlord/representative will be responsible for the tenant's property. (1) If the landlord/representative endorses the eviction warrant indicating that he takes responsibility for the property in the premises, the eviction is complete. (2) If the landlord/representative does not take responsibility for the property in the premises, the city marshal must arrange for removal. NOTE: The city marshal/sheriff or the landlord/representative is not permitted to place the property from the premises on the sidewalk. A vehicle must be on the scene and property loaded immediately. g. Name and address of moving company h. Name of the driver of each moving van i. Time each moving van left j. Location of warehouse where property will be stored. 7. Notify desk officer when the eviction is competed. RELATED PROCEDURES Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Motor Vehicle Repossessed/Parking Violations Bureau Scofflaw Removal program (P.G. 212-48) Unlawful Evictions (P.G. 214-12) Hostage Barricaded Persons (P.G. 212-38) FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 214-14 Driveway Tow Program Date Effective: 08/01/13 PURPOSE To permit owner or lessee of residential property, containing no more than two dwelling units, to have unoccupied vehicle(s) blocking entry or exit to their driveway towed by either licensed tow car of their choice or next available tow company in Rotation Tow Program. PROCEDURE Upon being directed to respond to a blocked driveway assignment: UNIFORMED MEMBER OF THE SERVICE 1. Ascertain if unoccupied vehicle is reported stolen and comply with appropriate procedures. 2. Determine if registered owner of vehicle is also owner/lessee of premises involved. NOTE: Registered owners of vehicles are permitted to park in front of own driveway. [I.O. 3 s 13] 3. Issue summons for violation "Obstructed Driveway" (Section 4-08F2 Traffic Rules) if vehicle is not reported stolen and owner/lessee is not involved. 4. Adhere to applicable provisions of P.G. 218-21, "Rotation Tow." NOTE: The owner/lessee has the option of removing a vehicle by a licensed tow operator of own choice after a summons has been issued. In such cases, the provisions of the Rotation Tow procedure will not apply, including the transfer of the vehicle from the private tow to the Property Clerk's Auto Pound on weekdays commencing on the eighth (8th) day and ending on the thirtieth (30th) day, even when the private tow selected by the owner/lessee is a participant in the Rotation Tow Program. As per the State Lien Law, the private tow company is entitled to a lien against the unclaimed vehicle. [I.O. 67 s 13] 5. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) and enter "Driveway Tow" under "Remarks," section if vehicle removed by Rotation Tow. a. If vehicle is locked and secure, do not attempt to enter vehicle. In such cases, the responsibility for safeguarding property within vehicle rests with tow company. b. If property is clearly visible within vehicle and such vehicle is unlocked and entry is easily accessible, invoice property on PROPERTY CLERK INVOICE WORKSHEET. 6. Deliver WORKSHEET(S) to desk officer, to precinct of occurrence. DESK OFFICER 7. Notify the Stolen Property Inquiry Section for each vehicle removed under the provisions of Administrative Code 19-169.1, whether removed by a rotation tow operator or by a licensed private tow. NOTE: If a rotation tow operator unjustifiably refuses a "Driveway Tow" assignment, the desk officer shall forward a REPORT OF VIOLATION (PD672-151) to the Department of Consumer Affairs. In the event that a rotation tow operator responds to a location and the vehicle has been removed, the tow operator will not be charged a turn and will be returned to the top of the rotation list. 8. Insert the words, "DRIVEWAY TOW" under "Remarks", in the ROTATION TOWING LOG (PD571-1412), if vehicle is removed under the Rotation Tow Program. [I.O. 67 s 13] 9. Ensure PROPERTY CLERK WORKSHEETS are entered into the Property and Evidence Tracking System. ADDITIONAL DATA [I.O. 3 s 13] A licensed tow operator who removes a vehicle pursuant to this section may collect the appropriate charges from the owner or other person in control of such vehicle, payable before the vehicle is released. If a vehicle was removed under the Department's Rotation Tow Program and is not claimed, the tow operator is required to bring the vehicle to a Department Auto Pound on weekdays, commencing on the eighth day and ending on the thirtieth day. The owner, the owner's agent or an insurance company representative must pay the NYPD Rotation Tow fees, in addition there may be third party transfer and storage fees, at the Department Auto Pound concerned in order to reclaim a vehicle. If the vehicle remains unclaimed after fifteen days from its delivery date to a Department Auto Pound, the vehicle will be disposed of according to law. Administrative Code Section 20-519 (c) advises that in no event shall a tow company be entitled to charge the Police Department for storage charges incurred after the tenth day of storage. A licensed tow operator may not tow a vehicle pursuant to this law without the express written authorization of the owner/lessee of the property. An authorization form must be carried by the tow operator and shall include the location of the vehicle to be removed, the make, model, color and license plate of the vehicle and a statement that the vehicle was removed pursuant to a notice of parking violation (summons). This form MUST be signed by the owner/lessee of the property, prior to removal of the vehicle. Administrative Code 19-169.1 does not permit owners/lessees of the same property to have this statute enforced against each other. If a private tow operator, not in the Rotation Tow Program, removes a vehicle, it must be taken directly to his storage facility. Within thirty minutes of the vehicle's arrival, the tow operator must notify the precinct in which the storage facility is located, of all information contained on the authorization form, including the name of the person who signed the form. The desk officer will record this information in the Command Log. [I.O. 3 s 13] If the registered owner or other person in control of the vehicle arrives at the scene prior to the removal of the vehicle, and such vehicle is connected to any apparatus for removal, the vehicle shall be disconnected from such apparatus and such registered owner or other person in control of such vehicle shall be allowed to remove the vehicle from the premises without interference upon payment of a reasonable service fee of not more than one-half of the charge allowed for removal as provided in Administrative Code Section 19-169.1, subdivision (g), for which a receipt shall be given. The Local Law does not apply to law enforcement, firefighting, rescue squad, ambulance, or other emergency vehicles which are marked as such but does apply to non-emergency vehicles of any governmental entity identifiable as such. Administrative Code Section 19-169.1 allows the owner of private property, or a person acting as his agent, to remove vehicles improperly parked from such property pursuant to a written contract with a licensed towing company. Relevant provisions of Section 19-169.1 are as follows: Subd. b. Owners or operators of parking facilities may not have improperly parked vehicles towed under this section unless the owner or operator maintains a conspicuously posted sign on the private property stating: (1) Name, address, and telephone number of the tow company (2) Hours of operation for vehicle redemption (3) Towing and storage fees of the tow operator (4) Hours vehicle are prohibited from parking and subject to tow. Subd. d. Prohibits vehicle removal if it is occupied by any person. Subd. f. Requires the tow company to notify the local precinct covering the place of removal within thirty minutes of the vehicle's arrival at the tow operator's storage facility as to: (1) Name and address of tower (2) Storage site (3) Location from which vehicle removed (4) Name of person who authorized removal (5) Removal was pursuant to a contract with the owner of the private property. (6) Year, make and color of vehicle (7) Registration plate number (8) Name of member of the service notified at Stolen Property Inquiry Section. The desk officer will make a Command Log entry and notify Stolen Property Inquiry Section of the above information utilizing the FINEST System. Subd. g. Tow operators are required to carry a copy of Chapter 1, Title 19, Administrative Code with them and show it to the vehicle owner or other person in control of the vehicle. Subd. i. An owner of private property, or an agent, or a tow operator who removes a vehicle in violation of this section shall be liable to the vehicle owner for any amounts actually paid for the removal or storage of the vehicle, as well as any damage resulting from the removal or storage. [I.O. 3 s 13] Subd. j. Any person who violates Administrative Code Section 19-169.1 shall be punished as follows: for the first violation, a fine of five hundred dollars; for the second violation within a period of twelve months of the date of the first violation, a fine of one thousand dollars; and for any additional violations within a period of twenty-four months of the date of the first violation, a fine of one thousand dollars. Subd. k. Exempts certain vehicles from tow, including police, fire, civil defense, emergency ambulance, sanitation and environmental emergency. RELATED PROCEDURES Preliminary Investigation, Recording and Transmission of Alarms for Stolen Vehicles (P.G. 207-11) Vehicles Stolen and Recovered Within New York City (P.G. 218-14) Rotation Tow (P.G. 218-21) [I.O. 67 s 13] FORMS AND REPORTS PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) REPORT OF VIOLATION (PD672-151) ROTATION TOWING LOG (PD571-1412) P.G. 214-15 Anonymous Controlled Substance Program Date Effective: 08/01/13 PURPOSE To assist parents/guardians in determining if substance found or suspected to be under the control of their children is in fact a controlled substance. NOTE: Persons using this program shall remain anonymous and NO criminal charges or investigation will be instituted against them unless it is evident the program is being used to circumvent the law. PROCEDURE When a person indicates a desire to participate in the program: MEMBER OF THE SERVICE 1. Direct person to call local precinct and comply with directions of desk officer. DESK OFFICER 2. Ascertain from caller the amount of suspected controlled substance involved. 3. Give caller code phrase consisting of: a. Precinct designation AND b. Any letter of alphabet AND c. A randomly selected three digit number, e.g., 23-B-567. 4. Instruct caller to record and carry the code phrase on his person while enroute to command. NOTE: The purpose of the code phrase is to protect caller who may become the subject of a search while enroute to the command. 5. Inform person the code phrase will expire in one hour: a. Investigate circumstances if one hour deadline is exceeded b. Continue processing if delay is beyond control of person. 6. Immediately dispatch RMP to location agreed upon by caller and transport caller to command, if there is reason to believe a felony amount of controlled substance is involved. 7. Make appropriate entries in Command Log indicating the following information: CODE PHRASE TIME/DATE LOCATION SECTOR ASSIGNED VOUCHER NUMBER DESK OFFICER ANALYSIS ENTERED BY DATE PERSON CALLED REFERRED REMARKS DESK OFFICER 8. Have the following forms prepared: a. ANONYMOUS NARCOTICS RECEIPT (PD521-012) b. PROPERTY CLERK INVOICE (PD521-141). 9. Instruct person to retain copy of ANONYMOUS NARCOTICS RECEIPT and call command after seven working days to obtain analysis results by identifying self with the code phrase. a. Duplicate copy of receipt will be filed in Property Receipt Book. COMMANDING OFFICER, POLICE LABORATORY 10. Forward completed analysis findings to commanding officer, command concerned. COMMANDING OFFICER, COMMAND CONCERNED 11. Have results of analysis (positive or negative) entered in Command Log, in margin next to original entry. DESK OFFICER 12. Give results of analysis (positive or negative reply ONLY) when person calls with appropriate code phrase. 13. Advise person to contact family physician or appropriate social service agency for referral to treatment program if results are positive. 14. Ask person if he/she wishes to cooperate in investigating source of controlled substance while still maintaining anonymity. a. Obtain as much information as possible, if person cooperates and comply with P.G. 212-12, "Citywide Intelligence Reporting System". ADDITIONAL DATA If an individual is being searched in an unrelated arrest, etc., and a controlled substance is discovered and such person claims to be participating in the Anonymous Controlled Substance Analysis Program, the searching officer will take the person to the precinct of occurrence and verify the person's participation by contacting the precinct which issued the code phrase. An arrest will be made for possession of a controlled substance if person's participation cannot be verified. If the individual is participating in the program and the precinct of occurrence is not the command that issued the code phrase, the desk officer will notify the issuing command to cancel the code phrase. The desk officer, precinct of occurrence, will then issue a new code phrase and process the controlled substance as outlined in this procedure. RELATED PROCEDURES Processing Controlled Substances/Marijuana Contraband Stored at Stationhouse (P.G. 218-24) Processing Controlled Substances/Marijuana Contraband Not Stored at Stationhouse (P.G. 218-25) [I.O. 59 s 08] Delivery of Evidence to the Police Laboratory (P.G. 218-04) Removal and Return of Evidence from Property Clerk Division (P.G. 218-07) Citywide Intelligence Reporting System (P.G. 212-12) FORMS AND REPORTS ANONYMOUS NARCOTICS RECEIPT (PD521-012) PROPERTY CLERK INVOICE (PD521-141) P.G. 214-16 Construction Sites Date Effective: 08/01/13 PURPOSE To protect pedestrian and vehicular traffic in the vicinity of construction sites. DEFINITIONS CONSTRUCTION SITE - Any construction, alteration, demolition, street opening, paving or related matter for which a permit from a city department is required. PROCEDURE Upon becoming aware of a condition endangering safety or impeding vehicular traffic: UNIFORMED MEMBER OF THE SERVICE 1. Request supervisor on patrol to respond. PATROL SUPERVISOR 2. Investigate and determine action to be taken. 3. Direct referral to department concerned if pedestrian or traffic safety not involved. 4. Verify that referrals and/or notifications are recorded in HIGHWAY CONDITION RECORD (PD311-151). 5. Direct preparation of ADMINISTRATIVE CODE VIOLATION NOTICE (PD372-151) if arrest or summary action is taken. UNIFORMED MEMBER OF THE SERVICE 6. Make ACTIVITY LOG (PD112-145) and other necessary entries. ADDITIONAL DATA Members of the service shall NOT enforce violations of the Administrative Code for which only a civil penalty may be imposed. If requested, members of the service will assist representatives of other City departments on official business at construction sites only so far as security to the representative's person is concerned. In an emergency situation at a construction site during non-working hours, take necessary action and notify the telephone switchboard operator by telephone for notification to departments concerned. If necessary, the Communications Section may be notified by radio. The Communications Section will notify departments concerned and in addition, the telephone switchboard operator of precinct of occurrence. REPORTS AND FORMS ACTIVITY LOG (PD112-145) ADMINISTRATIVE CODE VIOLATION NOTICE (PD372-151) HIGHWAY CONDITION RECORD (PD311-151) P.G. 214-17 Vacant Buildings Date Effective: 08/01/13 PURPOSE To inform the Department of Buildings of recently vacated buildings and unsecured hazardous vacant buildings. PROCEDURE Upon observing a vacated building, while on patrol: UNIFORMED MEMBER OF THE SERVICE 1. Examine building to determine if it is properly secured. 2. Notify supervisor on patrol if hazard exists. 3. Make ACTIVITY LOG (PD112-145) entry. 4. Report the facts to the member on telephone switchboard duty if not previously reported or if the building presents a substantial hazard. PATROL SUPERVISOR 5. Respond to location and determine degree of hazard. 6. Direct placement of barriers and assignment of officers if necessary. 7. Call Emergency Service Unit, if required. TELEPHONE SWITCHBOARD 8. Enter information on HIGHWAY CONDITION RECORD (PD311-151). 9. Telephone information to Department of Buildings and complete entries on HIGHWAY CONDITION RECORD. COMMANDING OFFICER 10. Review vacant house list and HIGHWAY CONDITION RECORD periodically, noting locations and hazardous vacant buildings added since previous review. FORMS AND REPORTS ACTIVITY LOG (PD112-145) HIGHWAY CONDITION RECORD (PD311-151) P.G. 214-18 Stop Work Orders Date Effective: 08/01/13 PURPOSE To assist the Department of Buildings in enforcing stop work orders at construction or renovation sites. PROCEDURE When notified by a Department of Buildings representative that a stop work order has been issued or a previously issued stop work order is being violated: DESK OFFICER 1. Direct a uniformed member of the service to respond to the location and meet the Department of Buildings representative. UNIFORMED MEMBER OF THE SERVICE 2. Assist representative in enforcing the stop work order and preserve the peace while representative serves "Request to Appear" notice (formerly known as court summons), if necessary. 3. Enter in ACTIVITY LOG (PD112-145) facts including name of Department of Buildings representative. FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 214-19 Using Chains And Padlocks To Secure Commercial Premises Date Effective: 08/01/13 PURPOSE To maintain the availability of uniformed personnel by securing commercial premises with padlocks and chains, when necessary. PROCEDURE When a uniformed member of the service observes, becomes aware of, or receives a call of a front break at a commercial premise: UNIFORMED MEMBER OF THE SERVICE 1. Respond to scene and evaluate condition. 2. Request patrol supervisor to respond. PATROL SUPERVISOR 3. Determine if premise can be secured by installing padlock and chain. NOTE: Patrol supervisor should consider the number of breaks, location of breaks and whether there is a security gate for securing breaks to glass, e.g., glass doors, windows, etc. 4. Request response of Emergency Service Unit when it is determined that premise can be secured with padlock and chain. 5. Direct owner be notified that premise is being secured with padlock and chain. EMERGENCY SERVICE UNIT 6. Respond to scene and secure premise with padlock and chain. 7. Attach NOTIFICATION TO OWNER (MISC. 3930) to either the chain and/or lock. 8. Deliver padlock key to desk officer, precinct of occurrence after padlock and chain are installed. DESK OFFICER 9. Make entry in Command Log indicating presence of Emergency Service Unit with padlock key and safeguard key in stationhouse. 10. Deliver key to premise to assigned member and direct padlock and chain be removed from premise when owner present and notified. 11. Notify the appropriate Emergency Service Unit squad when the padlock, chain and key are ready to be picked up. FORMS AND REPORTS NOTIFICATION TO OWNER (MISC. 3930) P.G. 214-20 Repair Of Entrances Damaged During Forced Warrant Entry Into Wrong Premises Or During An Entry Made During Exigent Or Other Unusual Circumstances Date Effective: 08-19-13 PURPOSE To repair, at an owner/tenant's request, property damaged during the course of the execution of an arrest or search warrant, or during an entry made under exigent or other unusual circumstances, when the wrong premise is entered. SCOPE As a result of drug and fugitive initiatives, the Department executes many search and arrest warrants, citywide. Occasionally, due to bad information, lack of address numbering, or other errors, uniformed members of the service force entry into the wrong premise. When this occurs and it is clear that the Department has erroneously caused damage to property, there is an obligation to make appropriate repairs, as soon as possible. PROCEDURE When a uniformed member of the service executes an arrest or search warrant or forcibly enters a wrong premise under exigent or other unusual circumstances and damages a door, lock or other material, and that specific damage should not have occurred or, it is in the best interests of the Department to repair or replace such damage immediately: SUPERVISOR CONCERNED 1. Ascertain from owner/tenant of damaged property if owner/tenant: a. Prefers to make arrangements for repairs, or, b. Requests that the Department make immediate repairs. 2. Notify the precinct commander/duty captain if immediate repairs are requested. 3. Direct a uniformed member of the service to prepare ACCIDENT REPORT - CITY INVOLVED (PD301-155) and comply with the provisions of P.G. 217- 04, "Accidents and Collisions - City Involved." COMMANDING OFFICER/DUTY CAPTAIN 4. Confer with the supervisor on the scene and determine the following: a. Assessment of the damage caused by the actions of the uniformed member(s) of the service. b. Need for involvement of Department personnel in the repair/replacement of materials. 5. Ensure that supervisor on scene is complying with provisions of P.G. 217-04, "Accidents and Collisions - City Involved", and has informed owner of property of procedure to file claim against the City, if immediate involvement of police personnel is not needed. 6. Notify Operations Unit and request assistance of Building Maintenance Section personnel if circumstances require immediate repairs. a. Include in notification: (1) Description of damage to be repaired, and (2) Whether a Department locksmith, glazier or carpenter will be required. OPERATIONS UNIT 7. Notify the Commanding Officer, Building Maintenance Section of the request for assistance. COMMANDING OFFICER BUILDING MAINTENANCE SECTION 8. Confer with the precinct commander/duty captain. 9. Determine if Building Maintenance Section personnel should respond to the scene. 10. Advise supervisor on scene to request desk officer, precinct of occurrence/police service area, to assign precinct/police service area uniformed member of the service, if not already present, to safeguard scene. NOTE: If the damaged premises are within a New York City Housing Authority development, repairs will be performed by New York City Housing Authority maintenance staff. The local management office concerned, or Housing Authority Emergency Service Office will be notified by the PSA supervisor concerned, if available. DESK OFFICER 11. Assign uniformed member(s) of the service to location until Building Maintenance Section or New York City Housing Authority personnel, if appropriate, complete assignment. NOTE: A uniformed member of the service from the precinct of occurrence or police service area concerned will be assigned to secure the location as soon as possible after the forced entry was made. The uniformed member of the service will remain at the location until Building Maintenance Section (who may be civilian members of the service) or Housing Authority personnel make the repairs and secure the location. COMMANDING OFFICER BUILDING MAINTENANCE SECTION 12. Notify Operations Unit and desk officer, precinct of occurrence, when repairs/replacements are completed. 13. Report on a quarterly basis, through channels, to the Deputy Commissioner - Management and Budget, the cost to make repairs in connection with this procedure. RELATED PROCEDURES Accidents and Collisions - City Involved (P.G. 217-04) FORMS AND REPORTS ACCIDENT REPORT-CITY INVOLVED (PD301-155) P.G. 214-21 Project Safe - Escorts For Safe Horizon Clients And Locksmiths Date Effective: 08/01/13 PURPOSE To prevent assaults and other criminal acts against Safe Horizon clients and authorized locksmiths (Project SAFE). SCOPE PROJECT SAFE is a program administered by Safe Horizon that provides lock replacements and counseling to victims of domestic violence and other crimes. This Department will assist in this endeavor by providing a police escort. PROCEDURE When a request is received from Safe Horizon to escort a client and authorized locksmith: DESK OFFICER 1. Record notification from Safe Horizon in Telephone Record. NOTE: Safe Horizon will telephone in advance to notify desk officer of the pending arrival of the locksmith and client. 2. Identify the client and locksmith, when they arrive at the precinct. NOTE: Safe Horizon policy is to ensure that domestic violence victims still cohabiting with the batterer must have an exclusionary Order of Protection in order to have their locks changed. Desk officers will ensure that this policy is enforced. 3. Assign the precinct crime prevention officer or the precinct domestic violence officer to escort the client and locksmith, if time permits. 4. Assign a uniformed member of the service to provide the escort, if the crime prevention officer or the domestic violence officer is not available. UNIFORMED MEMBER OF THE SERVICE 5. Escort identified client and locksmith to location and notify radio dispatcher. 6. Have client ride in Department vehicle to the location, if necessary. 7. Remain at location until locksmith has completed the work. 8. Escort locksmith from premises. 9. Notify radio dispatcher that escort is completed. 10. Report completion of assignment to desk officer. P.G. 214-22 Weekly Street Conditions Survey & Daily Observations Of Highway Conditions Requiring Corrective Action Date Effective: 08/01/13 PURPOSE To notify agencies concerned of Highway/Community conditions under their jurisdiction which require corrective action. DEFINITION WEEKLY STREET CONDITIONS SURVEY - a survey of street conditions conducted by radio motor patrol units on the second platoon, each Sunday, and reported on WEEKLY STREET CONDITIONS SURVEY REPORT (PD311-150). PROCEDURE Upon making daily observations or receiving information regarding highway/community conditions requiring correction: UNIFORMED MEMBER OF THE SERVICE 1. Take corrective action, if possible, and make ACTIVITY LOG (PD112-145) entry of condition and location. 2. Notify telephone switchboard operator for entry on HIGHWAY CONDITION RECORD PD311-151). TELEPHONE SWITCHBOARD OPERATOR 3. Notify agency/member concerned as outlined in step 7 and complete entries on HIGHWAY CONDITION RECORD. WEEKLY STREET CONDITIONS SURVEY REPORT SUPERVISOR, SECOND PLATOON, SUNDAY 4. Direct members assigned to radio motor patrol units to conduct a survey of sector on second platoon, each Sunday, and prepare WEEKLY STREET CONDITIONS SURVEY REPORT in duplicate. MEMBER ASSIGNED TO RMP UNIT 5. Submit completed WEEKLY STREET CONDITIONS SURVEY REPORT to desk officer. DESK OFFICER 6. Review WEEKLY STREET CONDITIONS SURVEY REPORTS and: a. Make immediate notification to agencies concerned for serious emergencies. b. Forward WEEKLY STREET CONDITIONS SURVEY REPORTS to precinct operations coordinator. OPERATIONS COORDINATOR 7. Ensure that each Monday the WEEKLY STREET CONDITIONS SURVEY REPORTS are reviewed and the following agencies/members are notified: CONDITION AGENCY/NUMBER * Inoperative/damaged signal light * NYC Dept. of Transportation, (212) 442-7090 * Inoperative/damaged street light * NYC Dept. of Citywide Administrative Services, (212) 669-7087 * Defective/damaged roadway surface * NYC Dept. of Transportation, (212) 442-7090 * Inoperative/damaged parking meters [note meter number] * NYC Dept. of Transportation, (212) 442-7090 * Manhole covers * Note identifying initials and notify agency/utility * Recently vacated/unsecured hazardous building * NYC Dept. of Buildings, (212) 312-8010/8013, (212) 312-8298 (weekends and holidays) * Obstruction of traffic control device [E.g., tree, sign, etc.] * NYC Dept. of Transportation, (212) 442-7090 Note: Commanding officer will have report prepared requesting correction of condition and forwarded to Commanding Officer, [I.O. 1 s 11] Traffic Management Center * Obstruction on roadway * NYC Dept. of Transportation (Bureau of Highway Operations), (212) 442-7090 NYC Dept. of Sanitation, (212) 788-4057 * Dumpster * Refer non-emergency conditions to local district office, Dept. of Sanitation * Dead animal on street * Dept. of Sanitation, (212) 788-4057 * Flooding, streets, limited access highways. Clogged sewers or street drains. Leaking/broken hydrants or drains * NYC Dept. of Environmental Protection, (718) 595-6700 or 6777 * Derelict auto * Local district office, Department of Sanitation * Missing/damaged traffic * Precinct Traffic Safety control devices [other than signal lights] Officer/designated alternate TRAFFIC SAFETY OFFICER/DESIGNATED ALTERNATE 8. Have entries completed on WEEKLY STREET CONDITIONS SURVEY REPORT and: a. Forward original copy of WEEKLY STREET CONDITIONS SURVEY REPORT to telephone switchboard operator to be maintained chronologically in folder similar to that used to maintain HIGHWAY CONDITION RECORD. b. File duplicate copy. 9. Inspect HIGHWAY CONDITION RECORD and WEEKLY STREET CONDITIONS SURVEY REPORT to determine if missing/damaged traffic control devices (other than signal lights) have been reported. 10. Prepare MISSING TRAFFIC CONTROL DEVICE (PD620-150) and: a. Forward two copies of the form directly to appropriate Department of Transportation/Borough Engineer as follows: BOROUGH ADDRESS Manhattan 51 Chambers Street New York, NY 10007 Brooklyn 56 Court Street Brooklyn, NY 11201 Bronx 215 E. 161st Street Bronx, NY 10452 Queens 120-55 Queens Boulevard Queens, NY 11424 Staten Island Boro Hall, Room 303 Staten Island, NY 10309 b. File pink copy of form in command. NOTE: Upon completion of required work, the borough engineer concerned will return a copy of the form which will be attached to, and filed with, the related pink copy. DESK OFFICER, SECOND PLATOON, MONDAY 11. Review HIGHWAY CONDITION RECORD and WEEKLY STREET CONDITION REPORT (original copy) for completeness, sign and file. ADDITIONAL DATA Uniformed members of the service observing or being informed of conditions which may adversely affect the community and for which no specific referral is available, will make an ACTIVITY LOG entry describing the condition and obtain the complainant's name, address and telephone number. The telephone switchboard operator will be notified and entries made on the HIGHWAY CONDITION RECORD of the following: a. Condition b. Identity of complaint c. Rank, name and command of reporting officer. The precinct community affairs officer shall examine the HIGHWAY CONDITION RECORD/WEEKLY STREET CONDITIONS SURVEY REPORT and confer with complainants and agencies concerned, where appropriate. Member concerned will keep the precinct commander informed, and if the condition cannot be resolved, the precinct commander shall submit a report on Typed Letterhead to the Chief of Department describing the condition and action taken. The Chief of Department will, when appropriate, forward a copy of the report to the agency concerned for further necessary attention. Patrol borough commands will summarize and consolidate each category of the precinct WEEKLY STREET CONDITIONS SURVEY REPORTS and submit results to the Office of Chief of Patrol on a monthly basis. The Office of Chief of Patrol will consolidate the reports received from the borough commands and forward a consolidated report to the Office of the Police Commissioner (through channels). RELATED PROCEDURES Construction Sites (P.G. 214-16) Vacant Buildings (P.G. 214-17) FORMS AND REPORTS ACTIVITY LOG (PD112-145) HIGHWAY CONDITION RECORD PD311-151) WEEKLY STREET CONDITIONS SURVEY REPORT (PD311-150) P.G. 214-23 Unnecessary Noise Violations - General Prohibitions Date Effective: 08-01-13 PURPOSE To enforce provisions of the New York City Administrative Code prohibiting unreasonable noise. DEFINITIONS UNREASONABLE NOISE - any excessive or unusually loud sound that disturbs the peace, comfort or repose of a reasonable person of normal sensitivities, or injures or endangers the health or safety of a reasonable person of normal sensitivities, or which causes injury to plant or animal life, or damage to property or business. SOUND REPRODUCTION DEVICE - A device intended primarily for the production or reproduction of sound, including, but not limited to, any musical instrument, radio receiver, television receiver, tape recorder, phonograph or sound amplifying system. PROCEDURE When a uniformed member of the service hears, observes or receives a complaint of unreasonable noise: UNREASONABLE NOISE NOT INVOLVING SOUND REPRODUCTION DEVICES UNIFORMED MEMBER OF THE SERVICE 1. Interview complainants/violators about noise complaint e.g., people yelling, dogs barking, etc. 2. Determine if the noise is unreasonable. NOTE: The best guideline to follow in determining whether the noise is unreasonable is to determine whether the ordinary person in the community is actually disturbed by the noise. In addition, the following factors should be considered: a. The character of the neighborhood or area, i.e., residential, commercial; b. The ordinary noise level of the area, i.e., busy Manhattan streets will likely always have high ordinary sound levels; c. The time of day; d. The number of persons complaining about the noise; and, e. Whether the person responsible for the noise has been asked by others to cease or lower the sound level and has refused to do so. 3. Attempt to correct the condition by warning violator. 4. Serve Environmental Control Board Notice of Violation for violation of Administrative Code Section 24-218 if unable to correct condition and violator is eligible, (see P.G. 214-24, "Service Of Environmental Control Board (E.C.B.) Notice Of Violation And Hearing For Vehicle Alarms"). a. Report facts to desk officer. DESK OFFICER 5. Report facts to commanding officer. UNREASONABLE NOISE INVOLVING SOUND REPRODUCTION DEVICES UNIFORMED MEMBER OF THE SERVICE 6. Repeat steps one through three above. 7. Serve a summons for violation of Administrative Code Section 24-244(a) returnable to Criminal Court if unable to correct condition and violator is sixteen years of age or older and otherwise eligible. a. Enter in information section of the summons: "Respondent did operate sound reproduction device at a level unreasonable under the circumstances thereby causing annoyance to persons in the vicinity." b. Enter a description of the sound reproduction device, e.g., radio, bullhorn, etc., the distance at which it could be heard and the number of people complaining. c. When appropriate, draw a line through the words above signature line reading, "I personally observed the commission of the offense charged here." 8. Seize the sound reproduction device. 9. Check "EVIDENCE" box on PROPERTY CLERK INVOICE (PD521-141) prepared for sound reproduction device seized. a. Give appropriate copy of INVOICE to person from whom the device was seized as a receipt. 10. Inform violator that seized property may be reclaimed at precinct of occurrence or at Property Clerk's Office by presenting a District Attorney's Release or Court Disposition Form. ADDITIONAL DATA Sound reproduction devices are seized as evidence that the violator possessed the device, that the device was operable and to demonstrate the volume at which it was being operated at the time of the offense. The volume control shall be marked, without damaging the property, to indicate the volume at which the device was being operated. Members of the service shall produce these devices at all court appearances. Sound reproduction devices will not be seized from motor vehicles. If violator is a juvenile - at least seven but less than sixteen years of age - a JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) shall be issued instead of a summons and the sound reproduction device will not be seized. A uniformed member of the service may legally seize a sound reproduction device from a semi-private premises, i.e., social club, bar, etc., where the general public is invited, or a private home, if the uniformed member is invited inside and sees the device responsible for the noise, after issuing a summons to the operator/owner of the device. The decision to forcibly enter into private or semi-private premises to correct noise complaints will ONLY be made by a precinct commander/duty captain and ONLY as a last resort, after requests to stop the noise have been ignored. Some of the factors going into the decision to forcibly enter such premises are: a. Time of day b. Type of neighborhood (commercial/residential) c. Number of complaints d. The ambient noise level of the area generally. While sound reproduction devices may be seized as evidence, there is also authority to allow for the seizure of such equipment to "abate a nuisance," i.e., the loud noise. This may be done without seizing the entire sound device system for evidence. Careful seizure of parts of the system in order to abate the noise is permissible and steps 8 through 10 of the procedure will be complied with." RELATED PROCEDURE Service of Environmental Control Board (E.C.B.) Notice of Violation and Hearing for Vehicle Alarms (P.G. 214-24) FORMS AND REPORTS JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) [Rev. 04-09] PROPERTY CLERK INVOICE (PD521-141) P.G. 214-24 Service Of Environmental Control Board (E.C.B.) Notice Of Violation And Hearing For Vehicle Alarms Date Effective: 04/17/14 PURPOSE To take enforcement action when an audible vehicle alarm is activated and does not cease to sound within three minutes or when an audible status indicator is operated on a vehicle. DEFINITION AUDIBLE STATUS INDICATOR - For the purpose of this procedure, any sound reproduction device on a motor vehicle that emits or causes to be emitted any continuous or near continuous sound for the purpose of warning that an audible burglar alarm has been installed on such motor vehicle and is operational or for creating the appearance that such an alarm has been installed on such motor vehicle and is operational. PROCEDURE When a uniformed member of the service is notified or becomes aware that an audible vehicle alarm has been activated or audible status indicator has been activated and the vehicle is parked on a public highway or in a parking lot open to the public: UNIFORMED MEMBER OF THE SERVICE 1. Make entry in ACTIVITY LOG (PD112-145) of time when the member first observed the audible alarm. 2. Comply with the provisions of P.G. 214-25, "Deactivation of Motor Vehicle Alarms." IF AUDIBLE STATUS INDICATOR IS OPERATED ON THE VEHICLE OR IF ALARM IS STILL AUDIBLE AFTER THREE MINUTES: 3. Take all reasonable steps to disconnect the alarm or indicator without damaging the vehicle. 4. Prepare an Environmental Control Board "Notice of Violation and Hearing" for violation of Administrative Code Section 24-238(a) (alarm) or Section 24-238(b) (audible status indicator). a. Enter "N-12" in box captioned VIOLATION CODE b. Enter "$175.00" in box captioned MAILABLE PENALTY SCHEDULE c. Enter "$700.00" in box captioned MAXIMUM PENALTY FOR VIOLATION. 5. Enter either of the following statements, VERBATIM, in the box captioned DETAILS OF VIOLATION: "At time and place of occurrence deponent observed the audible alarm of the above described vehicle operate for a continuous period of time in excess of three minutes" OR "At time and place of occurrence deponent observed an audible status indicator in operation on the above described vehicle." NOTE: The time of violation entered on the Environmental Control Board summons must correspond with the end of the three minute observation period in the case of an alarm summons. Additionally, a complete description of the vehicle must be indicated on the summons. 6. Affix the WHITE CARDBOARD (agency) copy of the summons to the vehicle in a conspicuous place. 7. Distribute the remaining copies of the summons as follows: a. WHITE (E.C.B.) copy - to precinct of occurrence at end of tour as directed by commanding officer b. YELLOW (officer) copy - retain with CERTIFICATION OF PARKING SUMMONS SERVED (PD160-146) c. PINK (respondent) copy. 8. Place vehicle in Rotation Tow Program, if unable to disconnect the alarm or audible status indicator. NOTE: Administrative Code Section 24-239(b) provides that the operator of any motor vehicle on which an audible burglar alarm has been installed shall, when parked on a public highway or in a parking lot open to the public, prominently display the number and telephone number of the owner's local police precinct where information shall be on file to permit communication with the owner of such vehicle. The member of the service concerned should attempt to contact the owner of the vehicle, if the above information is available. 9. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). a. Indicate on WORKSHEET that the vehicle was towed as a result of a ringing alarm or audible status indicator operation. 10. Have an "Impound" screen entered into the FINEST System. 11. Have a notification made to the owner of the vehicle that the vehicle was towed. ADDITIONAL DATA The issuance of Environmental Control Board "Notice of Violation and Hearing" is not mandatory in all cases when a motor vehicle alarm is activated. The action of a uniformed member of the service should be based on selective enforcement principles based upon civilian complaints and obvious violations. If the vehicle is known to the uniformed member as a chronic problem, enforcement action will be taken. If the alarm sounds for less than three minutes, resets and sounds again repeatedly, it shall be deemed as one continuous action and the subject of enforcement. Authorized personnel of the Department of Transportation may request a member of the service to arrange for the removal of such vehicle. When removal of the vehicle is performed pursuant to the Rotation Tow Program for operation of an audible burglar alarm in violation of Administrative Code Section 24-238(a) or for the operation of an audible status indicator in violation of Section 24-238(b), the Environmental Control Board "Notice of Violation and Hearing" shall state that a member of the New York City Police Department took all reasonable and necessary steps to disconnect such alarm or audible status indicator without success. RELATED PROCEDURES Environmental Control Board - Notice of Violation and Hearing - General Procedure (P.G. 209-12) Deactivation of Motor Vehicle Alarms (P.G. 214-25) Rotation Tow (P.G. 218-21) FORMS AND REPORTS ACTIVITY LOG (PD112-145) CERTIFICATION OF PARKING SUMMONS SERVED (PD160-146) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) P.G. 214-25 Deactivation Of Motor Vehicle Alarms Date Effective: 08/01/13 PURPOSE To take corrective action when a vehicle alarm is activated and the owner cannot be located. PROCEDURE When a uniformed member of the service is notified or becomes aware that a motor vehicle alarm has been activated and the owner is not present: UNIFORMED MEMBER OF THE SERVICE 1. Immediately attempt to locate owner of the vehicle. NOTE: The owner of a vehicle with an anti-theft alarm installed is required to prominently display the telephone number of his local precinct inside the vehicle when parked on a public street, highway, or in a parking lot opened to the public. In addition, each patrol precinct, if notified by an owner of such vehicle, will maintain a Motor Vehicle Alarm File which will list the name, address, telephone number and license plate number of residents who have had anti-theft vehicle alarms installed. 2. Contact the desk officer of precinct concerned and request owner be notified to immediately disconnect alarm. DESK OFFICER 3. Check the Motor Vehicle Alarm File, when maintained, and notify the owner to immediately deactivate the alarm. NOTE: Vehicle alarms should automatically deactivate within ten minutes. However, a uniform member of the service may attempt to disconnect the alarm within the first ten minutes. Do not intentionally damage the vehicle in an attempt to deactivate the alarm. UNIFORMED MEMBER OF THE SERVICE 4. Attempt to disconnect the alarm wire from battery cables, if owner cannot be immediately located. 5. Request response of Emergency Service Unit if difficulty is encountered in entering engine or passenger compartment of motor vehicle to disconnect alarm. 6. Make comprehensive ACTIVITY LOG (PD112-145) entry of efforts to deactivate alarm and any damage to vehicle which resulted from such efforts. 7. Continue for a reasonable period of time to attempt to notify owner after alarm is deactivated. a. Prepare a hand written notification and place under windshield wiper explaining action take, if personal notification is not made. ADDITIONAL DATA The issuance of an Environmental Control Board - Notice of Violation is not mandatory in all cases when an anti-theft device on a motor vehicle is activated. The action of a uniformed member of the service should be based on selective enforcement principles based upon civilian complaints and obvious violations. A Notice of Violation, if issued, should be made in conformance with P.G. 214-24 "Service of Environmental Control Board - Notice of Violation and Hearing For Vehicle Alarms." Uniformed members of the service are not permitted to deactivate building alarms but may issue a summons if the alarm does not deactivate within fifteen minutes. RELATED Service Vehicle Chronic PROCEDURES of Environmental Control Board - Notice of Violation and Hearing For Alarms (P.G. 214-24) Abuser Alarm Program (P.G. 214-08) FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 214-26 Snow Emergency Regulations Date Effective: 08/01/13 PURPOSE To assist in snow removal operations and expedite the movement of traffic on major thoroughfares during a declared snow emergency. PROCEDURE When a FINEST message is transmitted announcing that the Commissioner of the Department of Transportation has declared a snow emergency: DESK OFFICER 1. Notify members of the service performing patrol duty. 2. Issue instructions necessitated by precinct conditions. UNIFORMED MEMBER OF THE SERVICE 3. Issue summonses for: a. Abandoning vehicle or parking illegally on "snow street" or "snow route" (N.Y.C. Traffic Regulations Section 4-12(k)(1) b. Operating vehicle without snow tires or skid chains on "snow street" or "snow route" and vehicle is stuck (N.Y.C. Traffic Regulations Section 4-12(k)(2). NOTE: When a vehicle is observed in operation on a snow street or snow route without snow tires or skid chains and the vehicle is not immobilized, warn the operator that a snow emergency is in effect and direct him to leave the snow street or snow route at the nearest exit. ADDITIONAL DATA A uniformed member of the service who issues a summons for violation of snow emergency regulations may be required to testify that the drive, traction or powered wheels were equipped with regular tires without skid chains, or that snow tires were worn or damaged to preclude effective traction. P.G. 214-27 Snow Removal Date Effective: 08/01/13 PURPOSE To have snow removed from sidewalks and around fire hydrants after a snowfall. PROCEDURE When snow has stopped falling: UNIFORMED MEMBER OF THE SERVICE 1. Inform householders, storekeepers, etc., of their legal obligation to remove snow and ice from the sidewalk and around fire hydrants. 2. Serve summons for Administrative Code Section 16-123 (a violation), if snow is not removed four hours after the snow stops falling, when appropriate. 3. Prevent the throwing of snow into roadways, which have been cleared. P.G. 214-28 Parking Meters Date Effective: 01-01-00 [I.O. 68 s 13] Obsolete and Revoked P.G. 214-29 Derelict Vehicles Bearing New York State Registration Plates Date Effective: 08/01/13 PURPOSE To notify owner and agencies concerned and properly dispose of registration plates. DEFINITION DERELICT VEHICLE - A vehicle which is so dilapidated, burned out, stripped, vandalized, etc., as to be of no apparent value other than scrap. Derelict vehicles will be taken into custody by this Department ONLY when required as evidence. PROCEDURE Upon observing a derelict vehicle bearing current New York State registration plates: UNIFORMED MEMBER OF THE SERVICE 1. Determine if vehicle has been reported stolen by: a. Radio signal 10-15 to radio dispatcher or b. Query through FINEST System. 2. Obtain all relevant information including owner's telephone number, if vehicle reported stolen, from printout. 3. Note information in ACTIVITY LOG (PD112-145) for later reference and notification. 4. Remove registration plates and prepare REGISTRATION PLATE REMOVAL NOTICE (PD571-120). 5. Prepare [I.O. 26 s 13] PROPERTY CLERK INVOICE (PD521-141) ONLY if vehicle reported stolen or required as evidence. NOTE: A [I.O. 26 s 13] PROPERTY CLERK INVOICE (PD521-141)will NOT be prepared for a derelict vehicle not required as evidence nor reported stolen. 6. Deliver plates and [I.O. 26 s 13] PROPERTY CLERK INVOICE, if required, to desk officer. 7. Prepare COMPLAINT FOLLOW-UP (PD313-081) from information received from FINEST System, if vehicle stolen within New York City. 8. Notify owner to remove vehicle immediately and pick-up registration plates within five days. DESK OFFICER 9. Check [I.O. 26 s 13] PROPERTY CLERK INVOICE for accuracy and completeness, including time, date, name of person who cancelled the alarm and time, date and name of owner of vehicle notified. 10. Enter "derelict" on [I.O. 26 s 13] PROPERTY CLERK INVOICE to be removed by Department of Sanitation). [I.O. 68 s 13] 11. Make required entries on PROPERTY INDEX (PD542-103). 11. Retain registration plates at precinct desk for period of five days for pickup by owner. a. Have owner sign Property Receipt Log for plates. 12. Prepare and sign two copies of report on OFFICIAL LETTERHEAD (PD158-151), addressed to Department of Motor Vehicles (DMV), explaining reason for forwarding plates to DMV, if owner fails to pickup plates within five days. a. Wrap registration plates, with report included, in brown paper and forward to Department of Motor Vehicles, if plates not picked up within five days. TELEPHONE SWITCHBOARD OPERATOR 13. Notify Department of Sanitation to remove vehicle. 14. Make entry on HIGHWAY CONDITIONS RECORD (PD311-151) of notification. DESK OFFICER 15. Review COMPLAINT FOLLOW-UP if prepared, and: a. Sign "For the Commanding Officer" b. Verify alarm is cancelled and owner notified. 16. Forward COMPLAINT FOLLOW-UP and [I.O. 26 s 13] PROPERTY CLERK INVOICE as indicated on forms. [I.O. 68 s 13] FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT FOLLOW-UP (PD313-081) HIGHWAY CONDITIONS RECORD (PD311-151) OFFICIAL LETTERHEAD (PD158-151) PROPERTY CLERK INVOICE (PD521-141) REGISTRATION PLATE REMOVAL NOTICE (PD571-120) P.G. 214-30 Removal Of Expired New York State Registration Plates Date Effective: 08/01/13 PURPOSE To process vehicles bearing New York State license plates that are unregistered more than two months after expiration of registration. PROCEDURE Upon observing a vehicle bearing expired New York State registration plates and/or no registration sticker displayed: UNIFORMED MEMBER OF THE SERVICE 1. Determine: a. If vehicle has been reported stolen b. Name and address of registered owner c. If vehicle is derelict or abandoned. 2. Issue summons for UNREGISTERED VEHICLE if vehicle HAS NOT BEEN REPORTED STOLEN. 3. Remove license plates from vehicle that remains unregistered more than two months after expiration of registration. NOTE: Expired New York State license plates will not be removed from a vehicle that has been reported stolen. IF PLATES ARE REMOVED FROM A DERELICT VEHICLE UNIFORMED MEMBER OF THE SERVICE 4. Prepare REGISTRATION PLATE REMOVAL NOTICE (PD571-120). a. Fold form at the perforation over the carbon paper and then enter all required information as per captions on Part 2 of NOTICE. b. Enter word DERELICT above words "Part 2" in lower left corner. c. Enter registered owner's name, address, city, state and zip code as required by captions on reverse side of Part 1. 5. Place Part 2 of NOTICE on vehicle windshield. 6. Enter the date and precinct on EXPIRED NEW YORK STATE PLATE REMOVAL STICKER (PD571-124) and affix to driver's side window. If window is broken, affix on roadway side of vehicle in conspicuous, easily observable location. 7. Deliver Part 1 of NOTICE and plates to desk officer. COMMAND CLERK 8. Notify Stolen Property Inquiry Section of: a. Date and time plates removed b. Location of vehicle c. Year and make of vehicle d. Vehicle Identification Number e. Registration plate number, month and year of expiration f. Name and address of registered owner. REMOVAL OF EXPIRED NYS REGISTRATION PLATES DESK OFFICER 9. Forward in next Department mail, Part 1 (post card) of REGISTRATION PLATE REMOVAL STICKER to Mail and Distribution Unit for mailing. 10. Deliver plates to registered owner or representative at command upon presentation of current registration certificate and sticker for vehicle. 11. Assign uniformed member of the service to ascertain if vehicle remains at same location five days after plates were removed from vehicle TELEPHONE SWITCHBOARD OPERATOR 12. Request local District Office of Department of Sanitation, by telephone, to remove vehicle if said vehicle remains at original location. 13. Record name of person notified on HIGHWAY CONDITIONS RECORD (PD311-151). IF VEHICLE IS ABANDONED UNIFORMED MEMBER OF THE SERVICE 14. Prepare REGISTRATION PLATE REMOVAL NOTICE. 15. Place Part 2 of NOTICE on windshield of vehicle. 16. Notify desk officer of all facts and action taken. 17. Prepare [I.O. 26 s 13] PROPERTY CLERK INVOICE (PD521-141) 18. Comply with appropriate sections of Rotation Tow Program. 19. Deliver Part 1 of NOTICE and registration plates to desk officer. COMMAND CLERK 20. Notify Stolen Property Inquiry Section of: a. Date and time plates removed. b. Location of vehicle. c. Year and make of vehicle. d. Vehicle Identification Number. e. Registration plate number, month and year of expiration. f. Name and address of registered owner. DESK OFFICER 21. Notify next participating tow operator in Rotation Towing Program. 22. Safeguard registration plates in Property Locker. 23. Deliver plates to registered owner or representative at command upon presentation of current valid registration and vehicle sticker. 24. Make entry concerning delivery to owner in appropriate section of Expired Registration Plate Log and under appropriate captions on [I.O. 26 s 13] PROPERTY CLERK INVOICE (PD521-141). 25. Have two copies of report prepared on OFFICIAL LETTERHEAD (PD158-151) addressed to Commissioner of Motor Vehicles, listing registration plates removed from abandoned/derelict vehicles and not claimed by the registered owner or representative within seven days. 26. Assign member of the service (uniformed or civilian) to destroy registration plates not claimed. NOTE: Plates must be destroyed by cutting them in half utilizing shears, which are maintained at the desk. The desk officer must personally supervise destruction of plates. 27. Prepare a report, in duplicate, after plates are destroyed, on OFFICIAL LETTERHEAD, addressed to the Commissioner of Motor Vehicles, c/o Enforcement Section, Room 200c, 155 Worth Street, New York, NY and include: a. Plate number b. Name and address of registrant c. For each plate number - the number of plates destroyed (either one or two) d. Method used to destroy plate(s) (1) Shears have been provided to all patrol precincts to cut plates in half e. Name of recipient of the scrap metal (1) In N.Y.C., the Department of Sanitation is the recipient f. Date of destruction g. Signature of desk officer and date. NOTE: The original copy of the report will be forwarded via Department mail. The duplicate will be filed in the command that destroyed the plate(s). 28. File copy of report. ADDITIONAL DATA [I.O. 26 s 13] PROPERTY CLERK ny DEC Office of Public INVOICE (PD521-141) is NOT prepared when registration plates are removed from a derelict vehicle in accordance with this procedure. Upon observing an OCCUPIED VEHICLE on a street, highway, or other public place with expired New York State registration plates and/or no registration sticker, the uniformed member of the service will, in addition to other required police action, remove the vehicle to the stationhouse and comply with the provisions of P.G. 218-12, "Safeguarding Vehicles in Police Custody." Derelict autos will be processed in accordance with provisions of P.G. 214-29, "Derelict Vehicles Bearing New York State Registration Plates," when plates have not expired. RELATED PROCEDURES Safeguarding Vehicles in Police Custody (P.G. 218-12) Derelict Vehicles Bearing New York State Registration Plates (P.G. 214-29) FORMS AND REPORTS HIGHWAY CONDITIONS RECORD (PD311-151) [I.O. 26 s 13] PROPERTY CLERK INVOICE (PD521-141) OFFICIAL LETTERHEAD (PD158-151) REGISTRATION PLATE REMOVAL NOTICE (PD571-120) EXPIRED NEW YORK STATE REMOVAL STICKER (PD571-124) P.G. 214-31 Removal Of Vehicles From Parkways, Highways And Expressways Date Effective: 08/01/13 PURPOSE To reduce congestion and increase safety on controlled access highways. PROCEDURE Upon arriving at the scene of a disabled vehicle impeding traffic on a highway, parkway, expressway, etc., and the vehicle is unattended or the owner or person in charge of the vehicle refuses to hire the franchised towing service: UNIFORMED MEMBER OF THE SERVICE 1. Ascertain from Communications Section if vehicle is wanted on an alarm. a. Take appropriate action if vehicle is wanted. 2. Advise owner or person in charge of vehicle who refuses to hire tow car that: a. Administrative Code, Section 20-511, subdivision q, requires that the vehicle be removed from the highway. b. Vehicle will be removed to place of business of the tow car operator. c. Tow car owner is entitled by law to charge towing and storage fees. d. Vehicle owner or his representative will be required to appear at precinct of occurrence with current vehicle registration certificate and obtain a written release prior to reclaiming vehicle from tow car operator's place of business. 3. Advise owner or person in charge of vehicle who refuses to hire authorized tow car to remove from vehicle personal property before vehicle is towed. NOTE: If vehicle is unattended or owner or person in charge refuses to remove personal property, list such property in ACTIVITY LOG (PD112-145), call attention of tow car operator to listed property and have tow car operator sign ACTIVITY LOG. Do not remove property from vehicle. 4. Record in ACTIVITY LOG: a. Make, year and color of vehicle b. Registration plate number, state and year c. Location from which towed d. Towing service name, address and medallion number of tow car e. Name and address of owner or person in charge of vehicle at scene. 5. Sign tow car operator's authorization to tow vehicle if owner or person in charge refuses to hire tow car or vehicle is unattended. 6. Deliver copy of "Authorization to Tow" form to desk officer. DESK OFFICER 7. Notify Stolen Property Inquiry Section immediately of details concerning removal. 8. Ascertain ownership of vehicle if owner not present at scene. 9. Notify owner, if not present at scene, of location where vehicle stored and that registration certificate must be presented at precinct to obtain release for vehicle. 10. Enter details of removal in Command Log. a. Include information listed in step four above and identity of uniformed member of service, the registered owner, and member at Stolen Property Inquiry Section notified. 11. File "Authorization to Tow" form in Property Receipt Book. WHEN VEHICLE OWNER OR HIS REPRESENTATIVE APPEARS AT STATIONHOUSE TO OBTAIN RELEASE: DESK OFFICER 12. Inspect Command Log entry. 13. Examine registration certificate. 14. Question claimant to determine if vehicle reported stolen. a. Ensure that alarm, if any, is canceled before preparing release for vehicle. 15. Have COMPLAINT REPORT (PD313-152) prepared if vehicle stolen but not yet reported: a. Note under details that vehicle is recovered b. Close COMPLAINT REPORT unless additional investigation is required c. Telephone facts to precinct concerned if theft occurred in another command. 16. Have two copies of release, addressed to Tow Car Service, prepared on OFFICIAL LETTERHEAD (PD158-151) including: a. Name and address of owner or representative who will claim vehicle b. Make, color, registration number of vehicle c. Time, date and location from which removed. 17. Have claimant sign second copy of release and file in Property Receipt Book. 18. Give original copy to claimant and inform him that tow and storage charges must be paid to tow car owner. ADDITIONAL DATA Highway District vehicles equipped with "protective bumper guards" may push disabled vehicles obstructing active traffic lanes to the nearest location where they may be parked safely. Under no circumstances will disabled vehicles be pushed to repair shops or onto private property. FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) OFFICIAL LETTERHEAD (PD158-151) P.G. 214-32 Discarded Refrigerators, Freezers And Other Self Locking Containers Date Effective: 08/01/13 PURPOSE To prevent injury to children. PROCEDURE Upon finding a refrigerator, freezer or other self locking container in a place accessible to the public: UNIFORMED MEMBER OF THE SERVICE 1. Direct person responsible, if known, to remove the door, door latch or latch stop. a. If owner known and refuses to comply, make arrest. 2. Remove the door, door latch, or latch stop if tools are available and owner unknown. 3. Summon Emergency Service Unit through the Communications Section if unable to make device safe. EMERGENCY SERVICE UNIT CREW 4. Respond to location. 5. Remove the door, door latch, or latch stop. 6. Make entry in ACTIVITY LOG (PD112-145) of time and location. UNIFORMED MEMBER OF THE SERVICE 7. Make entry in ACTIVITY LOG of facts, including names of Emergency Service Unit members who responded to scene. FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 214-33 Care And Disposition Of Animals Date Effective: 08-01-13 PURPOSE To properly investigate complaints involving dangerous animals/dogs requiring a police response. SCOPE It is the intent of this procedure to ensure that all complaints of dangerous animals/dogs are recorded properly and reported to the New York City Department of Health and Mental Hygiene, as well as to provide for the safe and humane handling of such animals when encountered by members of the service. This includes animals that are owned, wild, lost or stray, abandoned, or used for fighting or intimidation purposes. If the animal is gone upon arrival of member of the service at the scene, a DANGEROUS ANIMAL/BITE REPORT (PD311-152) must still be prepared, regardless of whether or not a person has been injured by the animal. Offenders engaging in animal cruelty will be arrested and processed for a DESK APPEARANCE TICKET, if eligible. DEFINITIONS ANIMAL - Shall mean mammals, amphibians, reptiles, birds or insects. DANGEROUS ANIMAL - For the purpose of this procedure, a dangerous animal shall mean any animal which menaces, threatens, attacks or bites a person. A dangerous animal can also be a wild animal which is defined as any animal naturally inclined to do harm and capable of inflicting harm upon human beings. DANGEROUS DOG - Shall mean any dog: a. That when unprovoked, approaches, or menaces any person in a dangerous or terrorizing manner, or in an apparent attitude of attack, upon the streets, sidewalks, or any public grounds or places; OR b. With a known propensity, tendency or disposition to attack when unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; OR c. Which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal, without provocation on public or private property; OR d. Owned or harbored primarily, or in part, for the purpose of dog fighting or any dog trained for dog fighting. PROCEDURE When a uniformed member of the member of the service responds to a complaint involving a dangerous animal/dog, regardless of whether or not a person was injured by the animal: UNIFORMED MEMBER OF THE SERVICE 1. Have Communications Section request a unit from the Animal Care and Control of New York City (A.C.&C.) respond to the scene, if the animal presents a danger or may have been left uncared for. 2. Prepare DANGEROUS ANIMAL/BITE REPORT (PD311-152) and, if required, AIDED REPORT WORKSHEET (PD304-152b), in all instances in which response to or becoming apprised of an incident involving an animal bite and/or dangerous animal and include the SPRINT number on forms. NOTE: Animal Care and Control of New York City (A.C.&C.) Animal Rescue Units are in service Monday through Friday from 0800 hours to 2000 hours. The Brooklyn A.C. & C. of New York City control center is open twenty four hours, seven days a week to uniformed members of the Department. All other borough control centers are open during business hours, Tuesday through Saturday. Members of the service who require emergency assistance from A.C.&C. of New York City between 2000 hours and 0800 hours weekdays and twenty four hours a day on weekends and holidays should contact the Operations Division at (646) 610-5580, providing pertinent details and the name of the contact person at the scene. Operations Division personnel will then notify the A.C.&C. of New York City member who is on-call to respond for emergencies and/or provide instructions. 3. Request an Emergency Services Unit to respond to the scene, if response by the A.C.&C. of New York City cannot be made expeditiously (fifteen to thirty minutes) or cannot be ascertained, or if animal's owner or person in control of a premises where animal is located is arrested, hospitalized, etc., and no one is able to provide for the animal's care. 4. Deliver animal to A.C.& C. of New York City representative, if A.C.&C. of New York City responds to scene. 5. Request patrol supervisor to respond to scene. EMERGENCY SERVICE UNIT 6. Secure the animal and prepare it for transport by RMP, to an A.C.& C. of New York City, as appropriate. PATROL SUPERVISOR 7. Assign resource to transport animal to A.C. & C. of New York City facility, if necessary. NOTE: When it is necessary to transport an animal to an A.C. & C. of New York City facility, direct that a kennel be brought to the scene from command concerned. If necessary, additional kennel(s) may be requested from an adjoining command or the patrol borough concerned. Under no circumstances shall an animal be placed into the trunk of a Department vehicle. MEMBER ASSIGNED TO TRANSPORT 8. Place kennel into the backseat of RMP. a. Remove rear seat from vehicle, if necessary. 9. Transport animal to A.C. & C. of New York City facility. a. Obtain receipt from A.C. & C. of New York City and deliver to desk officer. NOTE: Members of the service delivering any animal to an A.C. & C. of New York City facility must be able to articulate the circumstances surrounding the animal coming into police custody, including the owner's name and address, if known. UNIFORMED MEMBER OF THE SERVICE 10. Take appropriate enforcement action against owner or person in possession of animal and remove to command, if necessary. 11. Report facts to desk officer. 12. Deliver DANGEROUS ANIMAL/BITE REPORT and AIDED REPORT WORKSHEET, if prepared, to desk officer. NOTE: Department form DANGEROUS ANIMAL/BITE REPORT will be prepared in EVERY instance of a dangerous animal condition whether the animal is taken into custody or not. This form will assist the New York City Police Department and the Department of Health and Mental Hygiene in tracking dangerous animal complaints. 13. Process offender for DESK APPEARANCE TICKET, if eligible. a. Include copy of DANGEROUS ANIMAL/BITE REPORT, if prepared, in DAT ARREST PACKAGE (PD260-123). 14. Enter facts in ACTIVITY LOG (PD112-145). DESK OFFICER 15. Review and sign DANGEROUS ANIMAL/BITE REPORT and distribute as delineated on form. 16. Forward the Department of Health and Mental Hygiene copy of DANGEROUS ANIMAL/BITE REPORT via the Mail and Distribution Unit. 17. Notify Department of Health and Mental Hygiene by telephone of human exposure to a rabid animal, an animal suspected of being rabid, and/or an animal that has bitten, scratched, or abraded a human being. 18. Notify Department of Health and Mental Hygiene by telephone if animal or owner is located after DANGEROUS ANIMAL/BITE REPORT has been forwarded. 19. File command copy of DANGEROUS ANIMAL/BITE REPORT. ADDITIONAL DATA Pursuant to Article 26, Agriculture and Markets Law, Section 371, of New York State entitled "Power of Police Officer," police officers may arrest any person violating any provisions of this article and may lawfully take animals into custody to prevent the perpetration of any act of cruelty upon any animal. Upon arrest for such violation, the arresting officer will issue, except for those offenses designated as Unclassified Felonies, a DESK APPEARANCE TICKET if qualified returnable to Criminal Court (see P.G. 208-27, "Desk Appearance Ticket [General Procedure]"). For purposes of this procedure, applicable sections of Article 26, Agriculture and Markets Law are: a. Section 351 - Prohibition of Animal Fighting - Section 351.(2) Unclassified Felony, Section 351.(3 & 4) - Unclassified Misdemeanor. b. Section 353 - Overdriving, torturing, and injuring animals; Failure to provide proper sustenance - Unclassified Misdemeanor. c. Section 353-a - Aggravated Cruelty to Animals - Unclassified Felony. d. Section 355 - Abandonment of animals - Unclassified Misdemeanor. e. Section 356 - Failure to provide proper food and drink to impounded animal - Unclassified Misdemeanor. f. Section 359 - Carrying animal in a cruel manner - Unclassified Misdemeanor. g. Section 360 - Poisoning or attempting to poison animals - Unclassified Felony (horses, mules or domestic cattle); Unclassified Misdemeanor (all other animals). h. Section 361 - Interference with or injury to certain domestic animals Unclassified Felony. i. Section 365 - Clipping or cutting the ears of dogs - Unclassified Misdemeanor. j. Section 368 - Operating upon tails of horses unlawful - Unclassified Misdemeanor. k. Section 374 - Humane destruction or other disposition of animals lost, strayed, homeless, abandoned or improperly confined or kept - Unclassified Misdemeanor. For the purpose of this procedure, applicable sections of Title 17, New York City Administrative Code are: a. Section 17-343 - Acquisition of a dangerous dog prohibited. b. Section 17-346 - Confiscation and/or confinement of a dangerous dog. c. Section 17-351 - Enforcement. All three Administrative Code sections cited are Unclassified Misdemeanors. Uniformed members of the service should be cognizant of the indication of rabies and should use extreme care when approaching animals. In the event of any animal bite, or contact with an animal's saliva, members should seek immediate medical attention. USE OF FORCE/DEADLY PHYSICAL FORCE The use of physical force against any animal will be used ONLY to the extent that such force is necessary to prevent harm or injury to such animal, other animals, or persons. P.G. 203-12, "Deadly Physical Force" mandates that deadly physical force is necessary as a LAST RESORT when such animal: a. Appears to be too dangerous to control, OR b. Poses an imminent threat of physical injury to a human being. Before using deadly physical force, every attempt will be made to use other reasonable means to contain threats from dangerous animals. In those instances where uniformed members of the service develop information to indicate a dangerous dog will be encountered at a particular location (e.g., an apartment where a warrant is to be enforced, etc.), the Emergency Service Unit's Canine Team should be conferred with at (718) 492-8300 (twenty-four hours) for their assistance. RELATED PROCEDURES Desk Appearance Ticket - General Procedure (P.G. 208-27) Deadly Physical Force (P.G. 203-12) FORMS AND REPORTS DESK APPEARANCE TICKET ACTIVITY LOG (PD112-145) DAT ARREST PACKAGE (PD260-123) AIDED REPORT WORKSHEET (PD304-152b) DANGEROUS ANIMAL/BITE REPORT (PD311-152) P.G. 214-34 Police Action In Premises (Licensed Or Unlicensed) Where Alcoholic Beverages Are Sold Date Effective: 08-01-13 PURPOSE To notify the Organized Crime Control Bureau (OCCB), Field Operations Desk, Narcotics Division and the State Liquor Authority of founded complaints regarding premises where alcoholic beverages are sold. PROCEDURE When any of the following events occur in connection with a premises, licensed or unlicensed, in which alcoholic beverages are sold: a. Arrest in premises, or elsewhere, resulting from action originating in premises b. Summons served on premises, or on employee, for violation related to premises c. Complaint concerning premises, or vicinity of premises and cause originated in premises, which was investigated and resulted in corrected condition d. Condition or police action directly concerning the operation of the premises which should be brought to the attention of the State Liquor Authority, Department of Buildings, Fire Department, or any other City agency. UNIFORMED MEMBER OF THE SERVICE CONCERNED 1. Request patrol supervisor to respond. a. If patrol supervisor is not available, contact desk officer and comply with instructions. 2. Advise patrol supervisor of facts. 3. Take summary action if offense committed in presence and be guided by P.G. 208-03, "Arrests - General Processing" and P.G. 207-08, "Preliminary Investigation of Vice, Narcotics or Organized Crime-Related Offenses." 4. Make complete entries in ACTIVITY LOG (PD112-145). 5. Notify the Organized Crime Control Bureau, Field Operations Desk when: a. Premises is selling alcohol without a liquor license, AND/OR b. Premises is operating after hours. PATROL SUPERVISOR 6. Respond to the scene and determine appropriate police action to be taken. a. Notify the Department of Buildings, Fire Department or the appropriate City agency of apparent code violations. 7. Prepare POLICE ACTION LICENSED/UNLICENSED PREMISES (PD310-150) report. a. Prepare additional copy of report marked "Department of Consumer Affairs" if arrest involved a cabaret, public dance hall, catering establishment, or bowling alley b. Prepare one additional copy of report for commanding officer of precinct where premises is located, if action or condition originated in another command c. File one copy of report at command. NOTE: Whenever the uniformed member concerned is assigned to Organized Crime Control Bureau, such member's commanding officer will prepare and forward the required POLICE ACTION LICENSED/UNLICENSED PREMISES report. A copy of the report will be forwarded to the commanding officer, precinct of occurrence. 8. Direct undercover agent (e.g., auxiliary police officer, etc.) to complete AFFIDAVIT OF SALE OF ALCOHOL (PD326-060) if police action involves the sale of alcohol to a minor or an undercover member. a. Have one copy of AFFIDAVIT filed in arrest folder. 9. Notify desk officer, precinct of occurrence of facts. 10. Forward POLICE ACTION LICENSED/UNLICENSED PREMISES with additional copies of report and original AFFIDAVIT OF SALE OF ALCOHOL, if prepared, to commanding officer. 11. Advise commanding officer of facts regarding police action. DESK OFFICER 12. Enter facts in Command Log. COMMANDING OFFICER 13. Verify that the desk officer, precinct of occurrence, was notified, if necessary. 14. Review and sign POLICE ACTION LICENSED/UNLICENSED PREMISES. 15. Ensure POLICE ACTION LICENSED/UNLICENSED PREMISES report is forwarded, DIRECT, to Commanding Officer, Narcotics Division, One Police Plaza, Room 1100, with the following: a. Copies of any summonses issued in regards to police action b. Original AFFIDAVIT OF SALE OF ALCOHOL, if prepared. 16. Ensure a copy of POLICE ACTION LICENSED/UNLICENSED PREMISES report, if prepared, is forwarded to the following: a. NYC Department of Consumer Affairs b. Precinct commanding officer where premises is located. NARCOTICS DIVISION 17. Forward copy of POLICE ACTION LICENSED/UNLICENSED PREMISES report to the State Liquor Authority. ADDITIONAL DATA The "Details" section of POLICE ACTION LICENSED/UNLICENSED PREMISES must be very specific. It must include a statement that the owner or operator was aware of the offense and indicate circumstances that demonstrated actual or implied knowledge on the part of the owner or operator. Include the following information, when pertinent: 1. Employment of a person under eighteen years of age, or serving alcoholic beverages to a person under twenty one years of age. a) Name, address and age b) How age was ascertained c) If enforcement was for the sale of alcohol to a minor, what type of alcohol was purchased (size of container, brand, and cost) d) If undercover agent was used, his/her title, age, date of birth, and a statement that the arresting/summonsing officer witnessed the sale. 2. Sale of alcohol to intoxicated person: a) Description of drunken behavior b) Type of beverage served after condition was observed by arresting officer. 3. Gambling: a) Whether defendant is an employee of premises and in what capacity b) Name of person in charge c) If gambling device was involved, indicate how used. 4. Sale of alcoholic beverages during prohibited hours: a) Type of beverage b) Time of violation and arrest. 5. Prostitution: a) Period of time observed b) Behavior of persons with males or females and number of times males and/or females left and returned c) Name of person permitting violation by direct knowledge or by action of male(s)/female(s). 6. Narcotics: a) Circumstances b) Name and title of person in charge who knowingly permitted violation. RELATED PROCEDURES Preliminary Investigation of Vice, Narcotics or Organized Crime-Related Offenses (P.G. 207-08) Arrests-General Processing (P.G. 208-03) FORMS AND REPORTS ACTIVITY LOG (PD112-145) POLICE ACTION LICENSED/UNLICENSED PREMISES (PD310-150) AFFIDAVIT OF SALE OF ALCOHOL (PD326-060) P.G. 214-35 Processing Quality Of Life Complaints Using The 311 Terminal Date Effective: 08/01/13 PURPOSE To ensure Quality of Life complaints received through the 311 terminal and/or telephone switchboard are handled efficiently by members of the service. PROCEDURE When a Quality of Life complaint has been received through the 311 terminal and/or telephone switchboard: TELEPHONE SWITCHBOARD OPERATOR 1. Record Quality of Life complaints received via telephone on the TELEPHONE DISPATCH LOG (PD112-143). 2. Review the 311 terminal for duplication of requests for service received via telephone and provide disposition on terminal and TELEPHONE DISPATCH LOG when appropriate. 3. Have Quality of Life complaint(s) generated through the 311 terminal or telephone switchboard requiring investigation dispatched as a command assignment. 4. Enter final dispositions on the TELEPHONE DISPATCH LOG of calls received via the telephone switchboard. NOTE: Quality of Life calls received at the telephone switchboard will be recorded in the TELEPHONE DISPATCH LOG and the desk officer will assign an available unit to respond. In addition, the caller will be advised to call 311 directly to report any future Quality of Life complaints. If a call is received at the telephone switchboard which requires a referral to another city agency, the caller will be directed to call 311 immediately. MEMBER OF SERVICE ASSIGNED 5. Notify Communications upon receipt of a 311 assignment (code 10-61) including location to which responding. 6. Respond to assignment as expeditiously as possible, except if on emergency assignment. 7. Promptly notify Communications upon completion of assignment. 8. Notify desk officer of disposition for completed assignments. 9. Deliver completed assigned 311 calls worksheet to the desk officer by the end of tour. Final dispositions must be indicated. NOTE: A notification of the disposition for completed assignments must be made to the desk officer immediately upon completion. 311 assignments not completed by the end of tour will be returned to the desk officer for priority assignment to the next platoon. PATROL SUPERVISOR 10. Monitor performance of members of the service assigned to 311 calls. NOTE: Patrol supervisors should be cognizant that 311 calls should be handled as expeditiously as possible and adequate supervision of members of the service should be maintained at all times. PLATOON COMMANDER/DESK OFFICER 11. Ensure that 311 terminal located at the desk is monitored and assignments dispatched expeditiously. a. Check terminal at least every hour for any Quality of Life jobs received at the hotline. NOTE: In addition, there will be an audible and visual alert when a new job arrives. 12. Ensure Command Log entries are made at the beginning and at the end of tour to verify the terminal was checked for jobs. 13. Ensure that all calls referred from the hotline receive an appropriate response and that the dispositions are recorded properly. NOTE: Any Quality of Life complaint that generates five or more calls within an eight hour period will be assigned to an appropriate unit/sector for an immediate 311 response. Requests for service will be dispatched as expeditiously as possible by the desk officer as resources become available with the exception of those deferred to the special operations lieutenant or those that require an immediate response. These types of calls should be finalized as quickly as possible. 14. Print two hard copies of 311 calls for each assignment that should be handled by the platoon and instruct member(s) assigned to return the completed form with a disposition by the end of tour. 15. Accept assignments that could not be completed during the tour and reassign them to the outgoing platoon. 16. Determine whether the job can be handled during the tour or requires referral to the special operations lieutenant. NOTE: Assignments that are either referred to the special operations lieutenant and/or require the assistance of another governmental agency will be classified as deferred or open, as appropriate. Conditions that are no longer occurring because of limited duration (such as noise complaints from a street fair, party, etc.) for which an immediate response was not available, or when the condition is no longer occurring, will be closed with the appropriate disposition(s). 17. Maintain one hard copy of all 311 complaints assigned during the tour. a. Record the member(s) of the service assigned on each complaint dispatched. 18. Enter all applicable dispositions: a. summons b. arrest c. report prepared (select appropriate report from drop down menu) d. condition corrected (specify) e. referred (specify unit/agency) f. unfounded g. gone on arrival h. no violation i. improper referral j. other (requires detailed explanation) 19. File completed hard copy by date received in a binder at the desk and assign page number. NOTE: At the conclusion of each month, the completed 311 assignment hard copies will be removed from the binder and filed with the completed TELEPHONE DISPATCH LOG. Desk officers will verify that both copies are stored together in a secure place. SECOND PLATOON DESK OFFICER 20. Review terminal at 0800 hours daily for previous twenty four hours and account for all dispositions. Any discrepancies will initiate an investigation to determine if assignment was finalized by unit assigned, properly handled and/or properly referred to a specialized unit (e.g., Community Policing Unit via the special operations lieutenant.) NOTE: Desk officers on all platoons will ensure assignments that are handled by their specific tours are finalized with the proper disposition. SPECIAL OPERATIONS LIEUTENANT 21. Review 311 complaints deferred to the special operations lieutenant and ensure appropriate response. 22. Ensure dispositions are reported properly. 23. Implement plan utilizing command resources. a. If necessary, utilize other Department units and/or other government agencies to address issues. 24. Establish and update as necessary a list of locations of 311 assignments deferred to the special operations lieutenant by address and complaint. a. Maintain a copy of the list at the desk. 25. Ensure that the appropriate disposition is entered for a complaint that has been addressed. a. The disposition will be changed from deferred to the appropriate disposition code (i.e., report prepared, unfounded, arrest). INTEGRITY CONTROL OFFICER 26. Conduct investigation and confer with special operations lieutenant, desk officer and the commanding officer regarding integrity of 311 assignments. 27. Conduct random inspections, as necessary, to ensure proper dispositions and compliance with reporting requirements and system integrity. 28. Monitor outstanding dispositions. COMMANDING OFFICER 29. Review terminal for appropriate response and disposition to ensure assignments are handled during the tour or as per the desired plan of action. 30. Confer with the integrity control officer and desk officer regarding outstanding dispositions. 31. Implement self-inspection procedures to ensure compliance with 311 ` assignments. 32. Ensure a list of locations deferred to the special operations lieutenant is maintained at the desk. PATROL BOROUGH ADJUTANT/ HOUSING BUREAU/ TRANSIT BUREAU DESIGNATED SUPERVISOR 33. Provide additional resources as needed to assist the commanding officers, and subordinate commands if requested. 34. Ensure subordinate commands are monitored to determine if 311 assignments are being handled properly and dispositions entered in a timely manner. 35. Ensure that proper training is conducted and that subordinate commands are entering the appropriate disposition codes for 311 assignments. NOTE: Patrol Services Bureau is responsible for developing a contingency plan. ACCESS TO 311 ANONYMOUS CALLER INFORMATION ADDITIONAL DATA The 311 System was designed to allow callers to remain anonymous and the Department has a responsibility to protect this anonymity. However, the Mayor's Department of Information Telecommunications and Technology (DoITT) has a confidentiality policy that allows the Department access to anonymous caller information when there is a bonafide reason to do so. Accordingly, when there are instances where additional caller information is necessary to properly address and/or correct a condition, the commanding officer, executive officer, and the special operations lieutenant of a precinct, PSA, or transit district will have the authority to access the 311 System and retrieve additional caller information. The circumstances under which a command may access anonymous caller information are limited to and will only be utilized when all other means to investigate and/or correct the condition have been exhausted and there is a demonstrable need to gather additional information or intelligence to address a condition. Instructions on how to use the 311 terminals to access anonymous caller information can be obtained from the Patrol Services Bureau, Housing Bureau, and Transit Bureau. Steps will be taken by commanding officers to ensure that the identity of the caller is not, under any circumstances, revealed or provided to any individual or parties against whom the Quality of Life concern is directed. Access to anonymous caller information must be for legitimate purposes, as outlined above, by the authorized members of the service listed within this procedure. Any member of service who knowingly or willingly violates the confidentiality of an anonymous 311 caller will be subject to disciplinary action. Command Integrity Control Officers will submit a Typed Letterhead to the Chief of Patrol's Resource Management Section in order to obtain passwords for the 311 terminals. If there are any questions, the Resource Management Section can be contacted at (646) 610-6250. FORMS AND REPORTS TELEPHONE DISPATCH LOG (PD 112-143) Typed Letterhead P.G. 214-36 Response To Complaints Of Violation Of New Smoking Ban In New York City Date Effective: 06-04-14 PROCEDURE When a member of the service is advised by a member of the public that the new Smoke-Free Air Act is being violated. MEMBER OF THE SERVICE 1. If there are no other violations involved direct complainant to call 311 to have complaint forwarded to the Department of Health. a. Violations of this chapter are only enforced on a "Notice of Violation Returnable to the Department of Health" to be issued by agents from the Department of Health, Department of Consumer Affairs, Department of Environmental Protection, Fire Department, Sanitation Department and The Buildings Department. NOTE: Electronic Cigarettes are prohibited from being used anywhere smoking is prohibited as per New York City Administrative Code sections 17-503 and 17-504, which regulate smoking in public places and places of employment. If a person in charge of a public premise has ordered a person to leave and such person refuses, members of the service may take proper enforcement action (i.e. Trespass). Uniformed members of the service may encounter situations in which a person in charge of a public premise seeks assistance in preventing person(s) from violating the Smoke-Free Air Act. In such situations, uniformed members of the service should take appropriate enforcement action under the trespass statutes (i.e., Penal Law Sections 140.05 and 140.10) if the person in charge of the public premise orders the violator to leave the premise and the violator refuses to leave. ADDITIONAL DATA With respect to public places, smoking is prohibited in all enclosed or indoor areas of public places, defined as any area to which individuals other than employees are invited or permitted. Smoking is also prohibited in specified outdoor locations: playgrounds; day care centers; children's institutions; and sports and recreation areas where outdoor seating or viewing areas are assigned by issuance of tickets. The smoking ban does not apply to hotel and motel rooms, private vehicles, private homes (except homes in which a day care or health care facility is being operated), and retail tobacco stores. Separate smoking rooms may be established in residential health care or day treatment facilities for use by patients only, with the approval of the Fire Commissioner. If approved by the Health and Mental Hygiene Department, smoking is permitted in membership associations (where the members themselves provide all services without compensation) and tobacco bars. Smoking is permitted in sidewalk cafes with no roof or other ceiling enclosure, in an area no larger than 25% of the total outdoor seating capacity, at least three feet away from the non-smoking outdoor area, where the area is clearly marked as a smoking area. Enactment of this local law was subsequently complicated by the enactment of a similar State law, Chapter 13 of the Laws of 2003, which takes effect July 24, 2003. Where the State law is more restrictive, it preempts the local law. Therefore, although the local law allows separate smoking rooms in bars and makes and exception for owner operated bars, as of July 24, 2003 they are both prohibited by the State law. Both laws allow a facility to permit smoking at an event for promoting and sampling tobacco products where service of food and drink is incidental. Local law set the limit at five days per year; effective July 24, 2003 the state law lowers that limit to two days per year. With respect to any workplace, smoking is prohibited in indoor areas to which the general public does not generally have access. An employer no longer has the option of establishing smoking rooms, and employees no longer have the ability to smoke in a private enclosed office. Smoking is prohibited in company vehicles occupied by more than one person whether or not the occupants consent. Smoking is also prohibited in all vehicles owned by the City. P.G. 214-37 New York City Department Of Buildings Access Warrants Date Effective: 08-01-13 PURPOSE To preserve the peace and protect life and property at a building/premises where an inspector from the New York City Department of Buildings is executing an Access Warrant in order to perform a safety inspection. DEFINITIONS ACCESS WARRANT - A Court Order allowing a member from the New York City Department of Buildings to gain access to a building/premises in order to conduct a safety inspection. PROCEDURE When requested to accompany a member from the New York City Department of Buildings executing an Access Warrant: DESK OFFICER 1. Review Access Warrant to ensure validity. NOTE: The desk officer will review the Access Warrant and ensure the warrant has been signed by a Supreme Court judge and has not expired. Once a Court has issued an Access Warrant, the warrant must be executed within the date range specified in the Court Order. 2. Make a Command Log entry consisting of: a. Full name of New York City Department of Buildings inspector b. Index number and issuing court c. Address of location identified on warrant. 3. Request Communications Section to assign an RMP unit to accompany inspector to identified location. UNIFORMED MEMBER OF THE SERVICE 4. Respond to location. NOTE: The role of a uniformed member of the service at a scene where an Access Warrant is being executed is to preserve the peace and prevent the commission of a crime. The execution of the Access Warrant is the sole responsibility of the NYC Department of Buildings inspector. Under no circumstances will uniformed members of the service assist in breaking a door or damaging property to effect the warrant and/or to gain access to the premises. If access to the premises is not granted, it will be the responsibility of the New York City Department of Buildings to reschedule the execution of the Access Warrant. 5. Enter premises with New York City Department of Buildings inspector and remain until inspection is completed. 6. Notify desk officer when the inspection is completed. 7. Make appropriate ACTIVITY LOG (PD112-145) entry. DESK OFFICER 8. Make Command Log entry indicating the time inspection was completed. FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 214-38 Inpections Of Pawnbrokers And Second-Hand Dealers Date Effective: 08-01-13 PURPOSE To establish a systematic inspection of pawnbrokers and second-hand dealers by patrol precincts. DEFINITIONS ELECTRONIC REPORTING SYSTEM - A Confidential, Internet-based reporting system, into which pawnbrokers and second-hand dealers may record their inventory and transactions. PAWNBROKER - A person or business engaged in the loaning of money on deposit or pledge of personal property, or the purchasing of personal property on the condition of selling it back at a stipulated price. SECOND-HAND DEALER - Any person who in any way or as a principal broker or agent deals in the purchase or sale of second-hand articles of any nature. SCOPE All pawnbrokers and second-hand dealers are required to report on specified Department forms all articles pawned, purchased, or sold. Pawnbrokers and second-hand dealers participating in, actively uploading transactions to, this Department's authorized Electronic Reporting System are exempt from the requirement of manually filling out and preserving logs for inspection. By actively uploading their transactions on a daily basis, participating stores are allowing their records to be inspected via the Electronic Reporting System. Stores are requested to upload the day's transactions by the close of business each day. PROCEDURE When designated to perform inspections of pawnbrokers/second-hand dealers by a competent authority: COMMANDING OFFICER 1. Designate special operations lieutenant as the primary coordinator of the command's pawnbroker/second-hand dealer inspection program. a. Assign an alternate supervisor to coordinate program, in absence of special operations lieutenant. SPECIAL OPERATIONS LIEUTENANT/DESIGNATED SUPERVISOR 2. Maintain an updated list of all pawnbrokers and second-hand dealers operating within confines of precinct. a. Divide list into two separate categories, delineating between the stores which keep records updated using the approved Electronic Reporting System, and those stores which maintain manual records. b. Provide copy of lists to: (1) Commanding officer (2) Executive officer (3) Detective zone commanding officer (4) Field Intelligence officer (5) Precinct detective squad supervisors (6) Other specialty unit supervisors, as appropriate. c. Revise list quarterly to ensure accuracy. 3. Designate appropriate uniformed member(s) of the service as a liaison with pawnbrokers and second-hand dealers. DESIGNATED UNIFORMED MEMBER OF THE SERVICE 4 Provide each pawnbroker and second-hand dealer with copies of SECOND-HAND ARTICLES STORE LOG (PD530-141), if store does not participate in the Electronic Reporting System. a. Provide second-hand dealers with copy of INSTRUCTIONS TO DEALERS IN SECOND HAND ARTICLES (PD634-153), in all cases. 5. Visit each store maintaining manual records at least once every ten days, and document visit by signing next unused transaction receipt in the SECOND-HAND ARTICLES STORE LOG. 6. Remove precinct detective squad (pink) copy of completed transactions from the SECOND-HAND ARTICLES STORE LOG, if applicable, and immediately deliver to precinct detective commander, or in his/her absence, another precinct detective squad supervisor. PRECINCT DETECTIVE SQUAD COMMANDER 7. When applicable, designate a member of the precinct detective squad to perform required computer checks of individuals identified as recidivists, parolees, probationers, or known burglary perpetrators who are selling or pawning items. 8. Ensure prompt investigation is conducted to match potentially stolen property against property previously reported stolen in precinct and surrounding areas. a. Assign a member of detective squad to visit store to request a hold on specified property pending completion of investigation, if necessary. FIELD INTELLIGENCE OFFICER 9. Monitor the Electronic Reporting System on a weekly basis, paying particular attention to repeated transactions by an individual, or other signs indicative of criminal behavior. 10. Disseminate to appropriate units information obtained from the "Persons of Interest" list generated by the Electronic Reporting System. CRIME PREVENTION OFFICER 11. Review list and routinely visit all pawnbrokers and second-hand dealers located in confines of precinct. a. Encourage use of the Electronic Reporting System among stores maintaining manual records. b. Monitor the Electronic Reporting System to ensure that participating stores are uploading data on a daily basis. 12. Ensure integrity of entries made by pawnbroker/second-hand dealer into the SECOND-HAND ARTICLES STORE LOG or Electronic Reporting System, as applicable. a. Request to see last twenty articles purchased or pawned by pawnbroker/second-hand dealer. b. Compare the articles to the description as listed in SECOND-HAND ARTICLES STORE LOG or database entry, as applicable. (1) Give special attention to the serial number or International Mobile Equipment Identity (IMEI) number on the article, if any. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Pawnbrokers and second-hand dealers are legitimate businesses that provide a service to the city. However, a pawnbroker or second-hand dealer can sometimes unknowingly be serving as a "fence" for unscrupulous criminals to sell their stolen products. Members assigned to perform functions relating to pawnbroker and second-hand dealer inspections are reminded that, while these inspections are designed to uncover administrative violations and are not for the purpose of uncovering criminal activity, any suspected criminal intelligence regarding a pawnbroker or second-hand dealer should be reported as per P.G. 212-12, "Citywide Intelligence Reporting System," in addition to notifying the special operations lieutenant and precinct detective squad commander. By conducting visits of pawnbrokers and second-hand dealers at least once every ten days, the respective precinct detective squad is provided the minimum amount of time required to conduct a follow-up investigation on select items before the items can be lawfully transferred. Precinct detective squad members will follow existing protocols regarding online follow-up inquiries. The precinct detective squad commander will ensure that intelligence which may affect another precinct (i.e., recently arrested burglary parolee residing in another command) is brought to the attention of the applicable precinct detective squad commander and detective zone commanding officer. LEGAL CONSIDERATIONS Both pawnbrokers and second-hand dealers are licensed by the New York City Department of Consumer Affairs. Additional licenses may be required based on the nature of the business contained therein. The focus of inspections is to ensure compliance with current administrative rules and regulations, and to encourage the development of a mutually cooperative relationship between pawnbrokers/second-hand dealers and this Department. The Legal Bureau can be consulted for a complete list of licenses required for a particular location. RELATED PROCEDURE Citywide Intelligence Reporting System (P.G. 212-12) FORMS AND REPORTS INSTRUCTIONS TO DEALERS IN SECOND HAND ARTICLES (PD634-153) SECOND-HAND ARTICLES STORE LOG (PD530-141) Juvenile Matters P.G. 215-01 Care Of Dependent Child Date Effective: 08/01/13 PURPOSE To obtain care for a dependent child under eighteen due to arrest, hospitalization or death of parent or guardian. PROCEDURE When a dependent child is reported: UNIFORMED MEMBER OF THE SERVICE 1. Inquire if a relative or friend will care for the dependent child. 2. Notify desk officer if care cannot be provided. 3. Process child as "Child Requiring Shelter." 4. Prepare AIDED REPORT WORKSHEET (PD304-152b). DESK OFFICER 5. Notify the Administration for Children's Services (ACS) borough field office (0900-1700 hours) or the ACS Emergency Children's Services after business hours, and request that they send a representative to the stationhouse to provide necessary transportation. (See ADDITIONAL DATA, P.G. 215-03, "Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children," for addresses and telephone numbers of Administration for Children's Services borough field offices and Emergency Children's Services.) a. If the Administration for Children's Services or ACS Emergency Children's Services is unable to provide transportation, assign a female uniformed member of the service, if available, or other available uniformed members, to escort child to the shelter. b. If child left in the care of a relative or friend, notify the Administration for Children's Services. c. Forward copy of computerized AIDED REPORT to the youth officer in the precinct where child is located, if child is left with relative or friend not residing in the household. RELATED PROCEDURES Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children (P.G. 215-03) Children Or Minors Requiring Shelter (P.G. 215-06) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) P.G. 215-02 Lost Child Date Effective: 08/01/13 PURPOSE To locate relatives or friends of a lost child. PROCEDURE When attention is drawn to an apparently lost child: UNIFORMED MEMBER OF THE SERVICE 1. Notify desk officer/counterpart and radio dispatcher. 2. Make brief inquiry in vicinity of place where found. 3. Bring child to command if relative not located. 4. Prepare AIDED REPORT WORKSHEET (PD304-152b). DESK OFFICER 5. Telephone Missing Persons Squad and give description. 6. Complete captions on AIDED REPORT WORKSHEET and process in normal manner: a. Assign female uniformed member of the service to watch child in the command, if available, or other available uniformed member of the service, when necessary. b. Notify youth officer. c. If child is not claimed within a reasonable amount of time, notify the Administration for Children's Services (ACS) and request that they send a representative to the stationhouse to provide necessary transportation to shelter. (See ADDITIONAL DATA, P.G. 215-03, "Emergency Removals Or Investigations And Reporting Of Abused, Neglected Or Maltreated Children," for addresses and telephone numbers of Administration for Children's Services [ACS] borough field offices and ACS Emergency Children's Services.) d. If the Administration for Children's Services is unable to provide transportation, assign a female uniformed member of the service, if available, or other available uniformed members of the service, to escort child to the shelter. e. Inform Missing Persons Squad if child is moved to another location. [I.O. 36 s 01] 7. In cases that could involve abuse, neglect, maltreatment or abandonment, prepare REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154) and related forms, as required, and notify precinct detective squad if the child is eleven years of age or older, OR borough special victims squad if child is under eleven years of age, or an allegation is made of any sex crime to a child less than thirteen years of age. [I.O. 43 s 07] NOTE: In the Boroughs of Brooklyn and Queens, the appropriate Child Abuse Squad will be notified instead of the Special Victims Squad for cases where the victim is less than eleven years of age, OR less than thirteen years of age and is the victim of any sex crime or attempted sex crime. The phone numbers for these units are as follows: Brooklyn Child Abuse Squad (718) 330-5600 and Queens Child Abuse Squad (718) 261-2737. RELATED PROCEDURES Aided/Accident Cases Unidentified Persons (P.G. 216-03) Emergency Removals Or Investigations And Reporting Of Abused, Neglected Or Maltreated Children (P.G. 215-03) Children Or Minors Requiring Shelter (P.G. 215-06) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154) P.G. 215-03 Emergency Removals Or Investigation And Reporting Of Abused, Neglected, Or Maltreated Children Date Effective: 08/01/13 PURPOSE To protect children from abuse, neglect or maltreatment by instituting emergency removal proceedings if a child is in imminent danger, or conduct an investigation of a potential abuse situation where a child is in no imminent danger, and report the findings to the appropriate authorities. DEFINITIONS INSTANT RESPONSE TEAM (IRT) A team composed of Administration for Children's Services (ACS) caseworkers and members from the Special Victims/Precinct Detective Squads and/or patrol personnel, as required in certain cases. POLICE ESCORT Allegations of child abuse received by ACS caseworkers may contain information about drugs, guns, or violent incidents in a household. In such cases, the protocol between ACS and the Department requires that ACS caseworkers present themselves to the desk officer in the precinct of occurrence and request a police escort to the location of the alleged incident. The duty of the police assigned to escort duty is to ensure the safety of all concerned and investigate possible criminal activity. ABUSED CHILD (SECTION 1012, FAMILY COURT ACT) Means a child less than eighteen years of age whose parent or person legally responsible for his care: a. Inflicts or allows to be inflicted upon such child, physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ, OR b. Creates or allows to be created, a substantial risk of physical injury to such child other than by accidental means which would be likely to cause death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ, OR c. Commits or allows to be committed, a sex offense against such child as defined in the Penal Law; allows, permits or encourages such child to engage in any act described in Sections 230.25, 230.30, and 230.32 of the Penal Law; commits any of the acts in Section 255.25 of the Penal Law; or allows such child to engage in acts or conduct described in Article 263 of the Penal Law provided, however, that (a) the corroboration requirements contained in the Penal Law (b) the age requirement for the application of Article 263 of such law shall not apply to proceedings under this Article. NEGLECTED CHILD (SECTION 1012, FAMILY COURT ACT) Means a child less than eighteen years of age whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent or other person legally responsible for his care to exercise a minimum degree of care: a. In supplying the child with adequate food, clothing, shelter or education in accordance with provisions Part 1 of Article 65 of the Education Law, or medical, dental, optometric or surgical care, though financially able to do so or offered financial or other reasonable means to do so; or b. In providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment; or by misusing a drug or drugs; or by misusing alcoholic beverages to the extent that he loses self-control of his actions; or by any other acts of a similarly serious nature requiring the aid of the court; provided, however, that where the respondent voluntarily and regularly participates in a rehabilitative program, evidence that the respondent has repeatedly misused a drug or drugs or alcoholic beverages to the extent that he, losing self-control of his actions, shall not establish that the child is a neglected child, in the absence of evidence establishing that the child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired. c. Who has been abandoned, in accordance with the definition and other criteria set forth in subdivision five of Section 384b, of the Social Services Law, by his parents or others persons legally responsible for his care. MALTREATED CHILD (SECTION 412, SOCIAL SERVICES LAW) Includes a child under eighteen years of age: a. Defined as a neglected child by the Family Court Act; b. Who has had serious physical injury inflicted upon him by other than accidental means, OR c. A child under the age of eighteen years of age who is in residential care and whose custodian impairs, or places in imminent danger of becoming impaired, the child's physical, mental or emotional condition. PERSON LEGALLY RESPONSIBLE (SECTION1012,FAMILY COURT ACT) Includes the child's custodian, guardian or any other person responsible for the child's care at the relevant time. Custodian may include any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or neglect of the child. FAMILY/HOUSEHOLD (AS DEFINED IN FAMILY COURT ACT), INCLUDES PERSONS WHO: a. Are legally married to one another. b. Are related by blood (consanguinity). c. Were formerly legally married to one another. d. Are related by marriage (affinity). e. Have a child in common regardless of whether such persons have lived together at any time. [I.O. 17 s 09] f. Are not related by consanguinity (blood) or affinity (marriage) and who are, or have been, in an intimate relationship regardless of whether such persons have lived together at any time. NOTE: A common sense standard regarding the totality of the circumstances involving the relationship should be used to determine if an "intimate relationship" exists. Factors a member of the service may consider in determining whether a relationship is an "intimate relationship" include but are not limited to: the nature or type of relationship (the relationship between the involved parties does not have to be sexual in nature to be considered "intimate"); the frequency of interaction between persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals solely in a business, educational, or social context shall be deemed to constitute an "intimate relationship." If unable to determine if the relationship in question is an "intimate relationship," the member of the service concerned will request the response of the patrol supervisor. Additional factors that may assist in determining the intimacy of a relationship include, but are not limited to: amount of time spent together in either a work or leisure related capacity, shared expenses and/or finances, extent of interaction with family members, etc. All members of the service are reminded that their primary responsibility is to ensure the immediate and future safety of all parties involved in domestic violence incidents. FAMILY/HOUSEHOLD (EXPANDED DEFINITION) INCLUDES SUBDIVISIONS "A" THROUGH "F" ABOVE, AND PERSONS WHO: g. Are currently living together in a family-type relationship. h. Formerly lived together in a family type relationship. A family/household thus includes: "common-law" marriages, same sex couples, registered NYC domestic partners, different generations of the same family, siblings and in-laws, persons involved in "intimate relationship", and persons who live or have lived together in a family-type relationship. PROCEDURE Upon making a reasonable determination that a child has been, is believed to be, or may be abused, neglected or maltreated: WHEN IMMINENT DANGER TO CHILD'S LIFE OR HEALTH EXISTS: UNIFORMED MEMBER OF THE SERVICE 1. Request response of patrol supervisor. NOTE: Uniformed members providing a police escort for ACS caseworkers to households where guns, drugs, etc. may be present and/or violent incidents have been reported, must request the response of the patrol supervisor to their location. 2. Remove child from home, with consent of parents, or person legally responsible for care, if reasonable cause to believe continued presence therein presents an imminent danger to the child's life or health. PATROL SUPERVISOR 3. Direct member to take the child into protective custody without permission if reasonable cause to believe that continued presence of the child in the home is imminently dangerous to life or health and there is not sufficient time to apply for a court order. NOTE: An emergency removal without a court order may be performed by the following persons: peace officer, police officer, an agent of a duly incorporated Society for the Prevention of Cruelty to Children, a designated employee of a city or county Department of Social Services. The Family Court Act Sec. 1024 and Social Service Law Sec. 417 give ACS the same powers of removal as police officers. Once any authorized person decides to conduct an emergency removal, no member of this Department will revoke that decision. IF PROBABLE CAUSE EXISTS THAT A CRIME HAS BEEN COMMITTED AGAINST A CHILD BY A FAMILY MEMBER UNIFORMED MEMBER OF THE SERVICE 4. Arrest perpetrator, if present, for appropriate offense(s) and comply with the pertinent provisions of P.G. 208-36 "Family Offenses/Domestic Violence." NOTE: The perpetrator arrested will not be eligible for a DESK APPEARANCE TICKET (DAT) (PD260-121) or stationhouse bail. The non-abusing parent/legally responsible person will be encouraged to contact [Rev 00-04] "SAFE HORIZON" at (212) 577-7777 for services to assist child. Members of the service should recognize that there is a strong correlation between child abuse and domestic violence; therefore, when a uniformed member of the service responds to the scene of suspected child abuse, the member of the service will look for indicators of domestic violence or other family offenses such as an existing order of protection, abuse of spouse, parent, etc. If an existing order has been violated, the member will take appropriate action i.e., effect an arrest or prepare COMPLAINT REPORT WORKSHEET (PD313-152a). 5. Prepare a N.Y.S. Domestic Incident Report (DCJS 3321) in ALL cases in which a member of the service responds to OR is apprised of an offense, altercation, disturbance, conflict, or dispute involving members of the same family/household, including any allegation of child abuse, neglect or maltreatment. a. If prepared in response to a radio run, include SPRINT job number on form. b. Give the N.Y.S. Domestic Incident Report (pink and gold copies), to the complainant/victim if present. c. Advise the non-abusing parent/legally responsible person of availability of shelter and other services. PATROL SUPERVISOR 6. Direct uniformed member of the service to serve NOTICE-TEMPORARY REMOVAL OF CHILD AND RIGHT TO HEARING (PD377-156) on parent or person legally responsible for care, if child removed, without court order. a. Copy of NOTICE will be affixed to door of residence, if parent/legally responsible person, not present. UNIFORMED MEMBER OF THE SERVICED 7. Remove child to command, except if medical attention is required, in which case immediately take child to appropriate hospital facility. a. Notify the Administration for Children's Services Instant Response Team Coordinator at 1-877-CALL IRT (1-877-225-5478) whenever: (1) A child is removed from a household by police personnel OR An arrest is made in connection with the abuse or neglect of a child. NOTE: In cases referred to a detective squad (e.g., homicides or special victims' cases), the assigned detective will notify the IRT hotline. Police officers are mandated to report child abuse and neglect to the New York State Central Registry of Child Abuse. Notification to the ACS IRT hotline DOES NOT substitute for the required notification to the State Central Registry. Police personnel will continue to notify the State Central Registry in accordance with step 13 of this procedure. 8. Prepare and submit following forms to desk officer with the N.Y.S. Domestic Incident Report: a. AIDED REPORT WORKSHEET (PD304-152b) b. COMPLAINT REPORT WORKSHEET and refer active cases as follows: [I.O. 36 s 01] (1) Special Victims Squad - Any allegation that a child LESS THAN ELEVEN YEARS OF AGE is the victim of abuse inflicted by a parent or person legally responsible for the child's care (as described above). (2) Any allegation that a child LESS THAN THIRTEEN YEARS OF AGE is the victim of any sex crime or attempted sex crime committed by any person. [I.O. 43 s 07] NOTE: In the Boroughs of Brooklyn and Queens, the appropriate Child Abuse Squad will be notified instead of the Special Victims Squad for cases that fit the criteria above. The phone number for these units are as follows: Brooklyn Child Abuse Squad (718) 330-5600 and Queens Child Abuse Squad (718) 261-2737. (3) Precinct detective squad concerned - all other cases. NOTE: In all the above cases, enter the name of the detective notified and the log or case number assigned, under "DETAILS" on the COMPLAINT REPORT. Assigned detective will confer with precinct youth officer, domestic violence prevention officer, domestic violence investigator and appropriate field office of Administration for Children's Services (ACS) to determine if additional information is available. c. REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT WORKSHEET (PD377-154A). (1) Uniformed members of the service assigned to other than Patrol Services Bureau commands, i.e. Transit Bureau or Housing Bureau who prepare this form, are responsible for forwarding it to the patrol precinct of occurrence. d. Remaining copies of NOTICE - TEMPORARY REMOVAL OF CHILD AND RIGHT TO HEARING. (1) Copy of NOTICE must be mailed to residence, if known, of parents/legally responsible person within twenty-four hours, if such persons were not personally served with NOTICE. NOTE: If child was removed from other than residence and parent/person legally responsible for care has not been notified, the desk officer will direct uniformed member of the service to respond to residence, if located within precinct, to serve NOTICE or affix NOTICE to door, if necessary. If residence is not located within precinct of occurrence, but within New York City, the desk officer will have the resident precinct notified to serve the NOTICE or affix NOTICE to door, if necessary. In all instances, where parent/legally responsible person was not personally served and NOTICE was affixed to the door, the member concerned will mail a copy of the NOTICE to the residence within twenty-four hours. In addition, the member serving or mailing the NOTICE must also prepare the AFFIDAVIT. The results of the attempted notification to parent/person legally responsible for care will be included in the AFFIDAVIT forwarded to Family Court. File copies of NOTICE and AFFIDAVIT will be forwarded to precinct of occurrence for filing. e. AFFIDAVIT OF SERVICE OF NOTICE OF RIGHT TO HEARING (PD377-155). NOTE: Comply with P.G. 216-03, "Unidentified Persons," if parent/person legally responsible for care is not notified of removal. If identity of parent(s)/person(s) legally responsible for care or residence of child is not known or is outside New York City, the assigned detective will conduct the investigation and have appropriate notifications made, if possible. DESK OFFICER 9. Review WORKSHEET and have typewritten REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154) prepared by command clerk. 10. Secure shelter for child and comply with P.G. 215-06, "Children Or Minor Requiring Shelter." NOTE: Under no circumstances will a child victim of a crime or abuse committed by a parent or person legally responsible for care be returned to the home by any member of this Department. 11. Countersign AFFIDAVIT OF SERVICE OF NOTICE OF RIGHT TO HEARING and forward to Family Court of borough wherein removal occurred within twenty-four hours, exclusive of weekends and holidays. a. Ensure that AFFIDAVIT indicates whether NOTICE was served personally, affixed to door and copy mailed to residence, or whether residence could not be determined after reasonable investigation. b. Forward copy of AFFIDAVIT and NOTICE to precinct youth officer. 12. Advise parent/person legally responsible for care to contact the appropriate Administration for Children's Services (ACS) borough field office (0900x1700 hours) or ACS Emergency Children's Service after business hours, if additional information is required. 13. Telephone facts to the New York State Child Abuse and Maltreatment Register (State Central Registry), telephone number (800) 635-1522. (Telephone number for general public to report child abuse is (800) 342-3720). a. If the State Central Registry refuses to accept a case, enter the time and name of person contacted in the Telephone Record. NOTE: A REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT MUST be prepared whenever a member of the service reasonably suspects that a child is abused, neglected or maltreated whether or not the State Central Registry accepts notification of the facts (see ADDITIONAL DATA which outlines pertinent provisions of Section 413 of the Social Services Law). Willful failure to make such notification is a Class "A" Misdemeanor. Further, civil liability may result for the damages caused by such failure (Section 420, Social Service Law). 14. Obtain registry number and enter on REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT in box captioned "State Registry Number." 15. Forward REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT in a sealed envelope with next Department mail, as follows: a. Original and second copy to Administration for Children's Services field office in the borough where the child resides. (1) To Manhattan Field Office, Administration for Children's Services, for children who do not reside with parents/persons legally responsible for care (e.g., group homes, day care, etc.) or children who reside outside city. NOTE: Have form delivered via appropriate precincts as outlined in ADDITIONAL DATA. b. Third copy - to precinct youth officer (with hand written WORKSHEET attached). c. Fourth copy - to Youth Services Section (with copy of computerized AIDED REPORT attached). d. Make and attach copy of said form to the N.Y.S. Domestic Incident Report precinct file copy. REASONABLE SUSPICION OF ABUSE/NEGLECT/MALTREATMENT BUT NO IMMINENT DANGER TO LIFE OR HEALTH OF CHILD: UNIFORMED MEMBER OF THE SERVICE 16. Prepare REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT WORKSHEET and submit to the desk officer together with the N.Y.S. Domestic Incident Report. a. Indicate under "Details" section of REPORT all pertinent information that will assist in the investigation. NOTE: The State Central Registry accepts a broad range of cases from all mandated reporters (e.g., teachers, doctors, police, etc.) as well as from the general public relating to crimes against children. Some of these reports will be FAXED to the Chief of Detectives Sex Crimes Report Line as a Law Enforcement Referral (LER). Personnel at that unit will determine the appropriate police response, which may include referral to a patrol precinct for initial investigation, and/or preparation of a COMPLAINT REPORT and referral to the appropriate detective squad. DESK OFFICER 17. Have COMPLAINT REPORT prepared marked "Investigate Child Abuse" and refer as directed in step 8, subdivision "b," above. 18. Comply with steps 9 and 13 through 15, above. PRECINCT YOUTH OFFICER 19. Inspect all copies of form REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT prepared, or those received from other than Patrol Services Bureau commands, i.e. Housing Bureau and Transit Bureau. 20. Review other precinct records and confer with domestic violence prevention officer and domestic violence investigator to develop further information. a. Check JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A), COMPLAINT INDEX (PD313-141), AIDED INDEX (PD304-101), N.Y.S. Domestic Incident Reports, etc. for previous contacts with the child or other children residing in the same household. 21. Establish a file folder in a secured cabinet for each abused/neglected/maltreated child, both for emergency removals and those investigated and reported to appropriate authorities: a. Assign a Precinct Serial # beginning with # one for the first incident each year and enter on REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT. b. Maintain an Index Sheet on inside front cover of folder captioned as follows: DATE OF OCCURRENCE PRECINCT SERIAL # NAME/ADDRESS OF CHILD RESIDENT PRECINCT DIR # COMPLAINT # AND ARREST #, IF APPLICABLE 22. Maintain the following documents in each folder: a. Copy of computerized AIDED REPORT, if prepared. b. Copy of COMPLAINT REPORT, with copy of OLBS c. Copy of REPORT OF SUSPECTED CHILD ABUSE OR WORKSHEET, if applicable. MALTREATMENT form. d. Copy of NOTICE - TEMPORARY REMOVAL OF CHILD AND prepared. RIGHT TO HEARING, if e. Copy of AFFIDAVIT OF NOTICE OF RIGHT TO HEARING, if prepared. f. Photocopy of N.Y.S. Domestic Incident Report. g. Other appropriate documents re: abused child. 23. Review copies of all forms maintained in folders and become familiar with persons or incidents involving child abuse/neglect/maltreatment, which have occurred within command. a. Ascertain that the appropriate procedures and notifications have been complied with. b. If review discloses additional information warranting further investigation, prepare COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081C) and forward to detective squad concerned. 24. Make a copy of REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT maintained in file, indicate results of review on rear of form and forward to Youth Services Section. 25. Maintain liaison with appropriate Administration for Children's Services field offices. YOUTH SERVICES SECTION 26. Maintain a file folder in a secured cabinet for each REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT received. 27. Forward copy of REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT to youth officer of precinct of residence, if other than precinct of occurrence. 28. Make necessary information available to appropriate members of the service and authorized public agencies. DOMESTIC VIOLENCE PREVENTION OFFICER 29. Review N.Y.S. Domestic Incident Report for accuracy and completeness. 30. Record N.Y.S. Domestic Incident Report in precinct Domestic Incident Log. 31. Forward copy of N.Y.S. Domestic Incident Report to precinct domestic violence investigator. 32. Enter information from N.Y.S. Domestic Incident Report into Domestic Incident Report Database. 33. Maintain file of N.Y.S. Domestic Incident Reports including copies of REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT, when attached. 34. Monitor at-risk locations and victims. 35. Relay information of any other offenses committed within the household from where the child was removed to the youth officer and the assigned investigator. 36. Maintain contact with complainants and advise them of their rights and the availability of shelter. ADDITIONAL DATA Addresses of Administration for Children's Services (ACS) borough field offices, open Monday through Friday, 0900 to 1700 hours, are listed below. After business hours, notify the ACS Emergency Children's Services at (212) 966-8000: Administration for Children's Services Applications Manhattan Field Office 150 William Street New York, New York 10038 Via 1st Precinct (212) 676-7107/7108 Administration for Children's Services Applications Brooklyn Field Office 1274 Bedford Avenue Brooklyn, New York 11216 Via 88th Precinct (718) 826-5544 Administration for Children's Services Applications Bronx Field Office 192 East 151st Street Bronx, New York 10451 Via 44th Precinct (718) 579-9500 Administration for Children's Services Applications Queens Field Office 165-15 Archer Avenue Jamaica, New York 11433 Via 103rd Precinct (718) 481-5771/5772 Administration for Children's Services Applications Staten Island Field Office 350 St. Mark's Place Staten Island, New York 10301 Via 120th Precinct (718) 720-2817/2818 Desk officers in the above precincts will ensure that mail is delivered to the appropriate field offices on a daily basis except for Saturday and Sunday. The pertinent provisions of Section 413 of the Social Services Law, with new material underlined, reads as follows: "Police officers are required to report or cause a report to be made when they reasonably suspect that a child coming before them in their professional or official capacity is an abused or maltreated child, or when they reasonably suspect that a child is an abused or maltreated child where the parent or the person legally responsible for such child comes before them in their professional or official capacity and states from personal knowledge facts, conditions or circumstances which if correct, would render the child an abused or maltreated child." Any person or institution acting in good faith in the removal or keeping of a child pursuant to Section 1024 of the Family Court Act shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of such removal or keeping. Borough Family Court Locations: Manhattan 60 Lafayette Street Bronx 900 Sheridan Avenue Brooklyn 283 Adams Street Queens 89-14 Parsons Blvd. Staten Island 100 Richmond Terrace (212) (718) (718) (718) (718) 374-8713 590-3321 643-3841 520-3991 390-5460 INFORMATION SHARING WITH ACS Certain categories of information may not be released to ACS. These include: a. sealed records (except when an unsealing order has been issued by a superior court) b. the identity of adult victims of sex crimes (unless such victims provide written consent) The Department may provide the following information to caseworkers from ACS who are conducting an investigation: a. the name and identity of a child victim/child sex crime victim when ACS is investigating the same incident b. statements made by a victim c. witness information d. names and addresses of family members e. the existence of an order of protection f. the detention location of defendants in arrest situations g. information contained in arrest and COMPLAINT REPORTS (except sealed records) h. information contained in N.Y.S. Domestic Incident Reports. According to Social Service Law Section 422 (4)(A)(I), ACS records may be disclosed when necessary to conduct a criminal investigation or prosecution of a person when there is reasonable cause to believe that such person is the subject of a Report and that due to the nature of the crime, such records may be related to the investigation or prosecution. The type of reports that can be disclosed by ACS to the NYPD are: A. Oral Transmittals (ORT) or State Central Registry (SCR) Child Abuse/Neglect Intake Reports - Upon written agreement, in the appropriate circumstances these reports will be provided to the NYPD. B. Protective Records Disclosure * Current investigations. * Indicated Reports - information from ongoing or prior indicated reports. * Unfounded reports dated post 2/12/96 - no information can be disclosed except to the extent the information is incorporated into the records of a current investigation. * Unfounded reports dated prior to 2/12/96 - no information can be disclosed concerning these reports. C. Foster Care Records - May be disclosed only with written permission of the State Department of Social Services or by a Court Order when required for a trial and notice is given to all parties. D. Preventive Case Records - These records may only be disclosed by court order. NOTE: ACS staff may verbally disclose the information allowed under the law while responding jointly with law enforcement. However, a formal written request for the information indicating that the request is in compliance with the aforementioned Social Service Law must be forwarded to ACS as soon as possible. ACS staff also share the SCR report on an Instant Response Team Protocol case with this Department. Any questions relating to the release of information to ACS should be directed to the Legal Bureau at (212) 374-5400. Radio code signals to report child abuse are: * 10-90J(1) - N.Y.S. Domestic Incident Report Prepared/No Offense * 10-90J(2) - N.Y.S. Domestic Incident Report Prepared/Unfounded * 10-92J - N.Y.S. Domestic Incident Report Prepared/Arrest Effected * 10-93J - N.Y.S. Domestic Incident Report/COMPLAINT REPORT Uniformed members of the service responding to any radio run where child abuse is alleged or apparent, MUST use disposition codes for child abuse even if the job was not originally classified as such. NOTE If child abuse did not take place, but other types of domestic violence did, the domestic violence disposition codes will be used (10-90F(1), 10-90F(2), 10-92F, 10-93F). RELATED PROCEDURES Special Notifications - Certain Complaints (P.G. 207-06) Family Offenses/Domestic Violence (P.G. 208-36) Family Court Warrant For Child Abuse/Neglect Cases (P.G. 215-04) Runaway Children (P.G. 215-05) Children Or Minors Requiring Shelter (P.G. 215-06) FORMS AND REPORTS AFFIDAVIT OF SERVICE OF NOTICE OF RIGHT TO HEARING (PD377-155) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081C) COMPLAINT INDEX (PD313-141) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) DESK APPEARANCE TICKET (PD260-121) N.Y.S. Domestic Incident Report (DCJS3321) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) NOTICE TEMPORARY REMOVAL OF CHILD AND RIGHT TO HEARING (PD377-156) REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154) REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT WORKSHEET (PD377-154A) P.G. 215-04 Family Court Warrant For Child Abuse/Neglect Cases Date Effective: 08/01/13 PURPOSE To safeguard a child alleged to have been abused or neglected and arrest person responsible for such abuse or neglect. DEFINITION CHILD ABUSE/NEGLECT WARRANTS - Warrants issued by Family Court ordering the immediate arrest of a specified parent or guardian when a petition indicates the child may be in danger of physical abuse or neglect. PROCEDURE When the Warrant Section officer assigned to Family Court notifies a precinct that a warrant for child abuse/neglect has been issued: DESK OFFICER/COUNTERPART 1. Enter message in Telephone Record. 2. Send radio motor patrol crew to execute the warrant. R.M.P. CREW 3. Respond to location and arrest person or persons named in warrant. 4. Take child into protective custody even if arrest is not made. 5. Deliver child to Family Court, if in session. a. If Family Court is not in session bring child to stationhouse and process as Child Requiring Shelter (see P.G. 215-06, "Children Or Minors Requiring Shelter"). 6. Attempt to locate the child or the parents, if not present, and report results of investigation to the desk officer. 7. Prepare N.Y.S. Domestic Incident Report (DCJS3221). DESK OFFICER/COUNTERPART 8. Notify Warrant Section officer assigned to Family Court of status of case. NOTE: The borough warrant officer will proceed directly to the residence and conduct an investigation in those instances where an arrest is effected by a member not assigned to the Patrol Services Bureau. If the Family Court warrant is executed by a member of the Warrant Section, that member is responsible for the preparation of the N.Y.S. Domestic Incident Report. The N.Y.S. Domestic Incident Report will then be forwarded to the precinct of occurrence. DOMESTIC VIOLENCE PREVENTION OFFICER 9. Review N.Y.S. Domestic Incident Report for accuracy and completeness. 10. Record N.Y.S. Domestic Incident Report in precinct Domestic Incident Log and assign precinct serial number. 11. Forward copy of N.Y.S. Domestic Incident Report to precinct domestic violence investigator. 12. Enter information from N.Y.S. Domestic Incident Report into Domestic Incident Report Database. 13. Maintain file of N.Y.S. Domestic Incident Reports. 14. Monitor at-risk locations and victims. 15. Contact complainants and advise them of their rights and the availability of shelter. RELATED PROCEDURES Arrest On A Warrant (P.G. 208-42) Children Or Minors Requiring Shelter (P.G. 215-06) FORMS AND REPORTS N.Y.S. Domestic Incident Report (DCJS3221) P.G. 215-05 Runaway Children Date Effective: 08/01/13 PURPOSE To return runaway children to their parents or persons legally responsible for their care. DEFINITION CHILD - New York State resident, under the age of sixteen (16); out of state resident, per Interstate Compact for Juveniles. PROCEDURE Upon determining that a child has run away from home: UNIFORMED MEMBER OF THE SERVICE 1. Take child into custody and remove to command. [I.O. 42 s 09] 2. Prepare AIDED REPORT WORKSHEET (PD304-152b), JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) and COMPLAINT REPORT WORKSHEET (PD313-152A), as per P.G. 215-08, "On-Line Juvenile Report System." a. Generate duplicate copy of computerized AIDED REPORT and forward via Department mail to the Missing Persons Squad. b. Notify youth officer. DESK OFFICER 3. Interview child. 4. Notify Missing Persons Squad in ALL cases. 5. Contact parent or person legally responsible for child to pick up child within reasonable time. a. If parent/person responsible for care is located outside of city, advise them to notify local police that child has been located. 6. Arrange for shelter if unable to release child to parent/person legally responsible for care within a reasonable time or if child may be endangered if returned home. 7. Assign female uniformed member of the service, if available, or other available uniformed member, to escort child to shelter, if the Administration for Children's Services is unable to provide transportation. 8. Comply with P.G. 216-03, "Unidentified Persons," if child removed to shelter and parents/persons legally responsible for care not notified. RELATED PROCEDURES Aided Cases - General (P.G. 216-01) Unidentified Persons (P.G. 216-03) Emergency Removals Or Investigation And Reporting Of Abused, Neglected, Or Maltreated Children (P.G. 215-03) Children Or Minors Requiring Shelter (P.G. 215-06) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) P.G. 215-06 Children Or Minors Requiring Shelter Date Effective: 08/01/13 PURPOSE To coordinate activities between the Department and the Administration for Children's Services when shelter for children is required. SCOPE A child or minor less than eighteen years of age may require shelter for the following reasons: a. Abandoned by parents or persons legally responsible for care, OR b. Neglected by parents or persons legally responsible for care, OR c. Abused by parents, persons legally responsible for care or adult member of household, OR d. Sick, injured, lost or stranded who resides outside of the city and parents or persons legally responsible for care cannot arrange for return to residence, OR e. Without care or supervision due to hospitalization, death or arrest of parent or person legally responsible for care. PROCEDURE Upon determining that a child or minor requires shelter: UNIFORMED MEMBER OF THE SERVICE 1. Bring child or minor to the command. 2. Notify precinct youth officer of child in command. 3. Comply with P.G. 215-03, "Emergency Removals or Investigations and Reporting of Abused, Neglected, or Maltreated Children," if reasonable suspicion exists that a child requiring shelter has been abused, neglected, or abandoned. 4. Make an immediate notification to the School Safety Division, Operation Center when a Department of Education employee, acting in his/her official capacity, transfer custody of a child to Department personnel for the sole purpose of having the Administration for Children's Services provide shelter. a. Include the child's name, age, grade, school and Department of Education employee's name and title. 5. Enter in ACTIVITY LOG (PD112-145) and AIDED REPORT WORKSHEET (PD304-152b) the following: a. Date, time and location where found or removed b. Physical description including clothing, name, age, address, school, grade, emotional and physical condition c. Name, address and phone number of person who found child or minor, if applicable d. Name and address of parents or persons legally responsible for child or minor, if known e. Name, title, school and phone number of Department of Education employee transferring custody of child, if applicable f. Date, time, name and title of School Safety Division, Operation Center member notified, if applicable e. The particular circumstances causing the need to provide care or shelter. DESK OFFICER 6. Confer with the Administration for Children's Services (ACS) borough field office (0900 x 1700 hours) or ACS Emergency Children's Services after business hours and request that they send a representative to stationhouse and provide necessary transportation. a. If the Administration for Children's Services or ACS Emergency Children's Services is unable to provide transportation, assign a female uniformed member of the service, or other available uniformed members of the service, to escort child to shelter b. Ensure notification to School Safety Division, Operation Center was made under circumstances described in step "4" above. ADDITIONAL DATA Under no circumstances shall a charge of any kind be filed against a child who is abandoned, neglected, abused, lost, stranded, and has not committed any offense, or who for any reason is to be delivered to a place of shelter or safekeeping. Such children shall be recorded as aided cases. Follow P.G. 216-01, "Aided Cases General Procedure" and P.G. 216-03, "Unidentified Persons," if necessary, when notified by Administration for Children's Services that a child has been removed without police assistance from a location in the absence of the parent or person legally responsible for care. The parent or person legally responsible for care will not be informed of the child's location but will be directed to contact the caseworker. A person eighteen years and older who is stranded without shelter can be referred to the Emergency Assistance Unit of Human Resources Administration. RELATED PROCEDURES Aided Cases General Procedure (P.G. 216-01) Unidentified Persons (P.G. 216-03) Emergency Removals Or Investigation And Reporting Of Abused, Neglected, And Maltreated Children (P.G. 215-03) Runaway Children (P.G. 215-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) P.G. 215-07 Truants Date Effective: 08/01/13 PURPOSE To provide the expeditious return of truant students to a location of instruction (i.e., school, truancy intake site, etc.). DEFINITIONS TRUANT - A minor not in compliance with the attendance requirement of the New York City Department of Education Regulations of the Chancellor as follows: a. Each minor from six to seventeen years of age in New York City is required to attend school on a full time basis b. Children in New York City who turn six years of age before December 31st of the school year, are required to attend school at the beginning of that school year c. Students who turn seventeen years of age on or after July 1st must complete the school year in which they turn seventeen years of age d. Exceptions to the age requirements for attendance are as follows: (1) Minors who have graduated from high school (2) Students who have earned a high school equivalency diploma (3) Students sixteen or seventeen years of age who have been issued a full time employment certificate. YOUTH REFERRAL REPORT LOG (PD377-140) - A preprinted log maintained by precinct youth officer for each school year, that will be serialized, beginning with "001" commencing on July 1st and ending the following June 30th. The YOUTH REFERRAL REPORT LOG will be utilized to record YOUTH REFERRAL(S) (PD377-153) for truancy in the precinct of occurrence. PROCEDURE When a minor, who reasonably appears to be over the age of six and less than eighteen, who is observed outside of school on a day of instruction and it is ascertained that the minor is truant: UNIFORMED MEMBER OF THE SERVICE 1. Take minor into custody and deliver to principal or designee(s) of school attended, if known. a. Truants may be frisked to ensure the uniformed member's safety. An electronic metal detector may be used for this purpose, if available b. Should uniformed members have an articulate reason to believe their safety is in danger, truants may be handcuffed. 2. Deliver minor to truancy intake site, if the minor's school cannot be determined or it is impractical to return the minor to his/her school. 3. Make entry in ACTIVITY LOG (PD112-145) including: a. Youth's name b. Location where truant was found c. School/truancy intake site truant was delivered to. 4. Have principal or representative sign ACTIVITY LOG entry and YOUTH REFERRAL as receipt for minor. a. If principal or representative refuses to sign ACTIVITY LOG and/or YOUTH REFERRAL as receipt for minor, document such refusal in ACTIVITY LOG. 5. Complete YOUTH REFERRAL and deliver to desk officer, precinct of occurrence before end of tour. a. Include business name, park name or other information regarding where/how truant was taken into custody in the "Details" caption. PRECINCT OF OCCURRENCE: DESK OFFICER 6. Review YOUTH REFERRAL for completeness, legibility and accuracy. 7. Sign form in caption indicated and forward to precinct youth officer. PRECINCT YOUTH OFFICER 8. Review YOUTH REFERRAL and complete steps "9" through "12" below no later than five business days after receipt. 9. Enter YOUTH REFERRAL(S) into YOUTH REFERRAL REPORT LOG. a. Complete all YOUTH REFERRAL REPORT LOG captions, as appropriate b. Assign next precinct serial number and enter number in appropriate caption on YOUTH REFERRAL. 10. Notify parent/guardian of minor's truancy and document notification in appropriate caption on "Precinct of Residence Copy." 11. Complete "Youth Last Name," "First Name," "M.I.," "Age," "D.O.B.," and "Address" captions on "Precinct of Residence Copy" and sign off. 12. Forward "Precinct of Residence Copy" of YOUTH REFERRAL to the truant's resident precinct youth officer via Department mail, when truant's residence is different from precinct of occurrence. a. Retain "Precinct of Occurrence Copy." PRECINCT SCHOOL SAFETY SERGEANT 13. Ensure precinct youth officer completes steps "8" through "12" above within the time period cited in step "8" above. a. Perform steps "8" through "12" above in the absence of the precinct youth officer. TRUANT'S RESIDENT PRECINCT: PRECINCT YOUTH OFFICER 14. Determine YOUTH REFERRAL investigation responsibility. a. Be responsible for the investigation of YOUTH REFERRAL(S) for truants residing within precinct, EXCEPT when truant's actual residence within precinct is a New York City Housing Authority development under the jurisdiction of a police service area (PSA). In this case: (1) Document in "Results" caption of YOUTH REFERRAL that a photocopy of "Precinct of Residence Copy" of the YOUTH REFERRAL was forwarded via Department mail, to the truant's resident PSA youth officer for investigation. TRUANT'S RESIDENT PRECINCT OR POLICE SERVICE AREA: PRECINCT/PSA YOUTH OFFICER 15. Conduct investigation and summarize outcome in "Results" caption on "Precinct of Residence Copy" of YOUTH REFERRAL. 16. Submit completed YOUTH REFERRAL to special operations lieutenant for review. a. File YOUTH REFERRAL(S) alphabetically upon return from special operations lieutenant. SPECIAL OPERATIONS LIEUTENANT 17. Review YOUTH REFERRAL(S), sign in appropriate caption and return form to precinct/PSA youth officer. ALL PRECINCTS: PRECINCT SCHOOL SAFETY SERGEANT 18. Periodically inspect and sign the YOUTH REFERRAL REPORT LOG for completeness and accuracy. 19. Review the YOUTH REFERRAL REPORT LOG to identify patterns/ recidivists. 20. Maintain regular contact with the School Safety Division, Truancy Coordinator to share information to maximize truancy enforcement. a. Notify Truancy Coordinator prior to conducting a large truancy enforcement operation. 21. Maintain regular contact with the Community Affairs Bureau, Juvenile Data Analysis and Evaluation Unit to maximize resources, spot trends and share information. 22. Close YOUTH REFERRAL REPORT LOG at the end of the school year. SPECIAL OPERATIONS LIEUTENANT 23. Perform steps "18" through "22" above in the absence of the precinct school safety sergeant. ADDITIONAL DATA LEGAL CONSIDERATIONS The Education Law and the Regulations of the Chancellor of the New York City Department of Education require that a person attend school until the last session of the school year in which the person reaches seventeen years of age. This law defines the school year as the period commencing on July 1st and ending the next June 30th. Therefore, a person who reaches his/her seventeenth birthday on or after July 1st MUST attend school, when in session, until the following June 30th. A YOUTH REFERRAL will be prepared for each truant, including those seventeen years of age. Only uniformed members of the service and police officers as defined in the Criminal Procedure Law, Section 1.20, subdivision 34, are authorized to issue and/or sign a COMPLAINT REPORT WORKSHEET (PD313-152A) with "Juvenile Report" caption checked off, JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) or YOUTH REFERRAL as reporting officers. Names of special police, store detectives, school safety agents, etc., may be entered on COMPLAINT REPORT WORKSHEET in caption "Reporter/Witness." On June 30th of each year YOUTH REFERRAL records will be purged, as required by "Cuevas v. Leary." YOUTH REFERRAL(S) prepared for minors seventeen years of age will be purged as soon as practical after the minor's eighteenth birthday. In addition, the corresponding entry in the YOUTH REFERRAL REPORT LOG will be purged by redacting the "Truant Name" and "Truant Address" captions. OPERATIONAL CONSIDERATIONS Ordinarily truancy enforcement should not be conducted after 1300 hours. If necessary, truancy intake site locations may be obtained from the School Safety Division, Truancy Coordinator. Truancy intake sites will be staffed by school safety agents. Uniformed members of the service will not be routinely assigned to these locations. FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT WORKSHEET (PD313-152A) YOUTH REFERRAL (PD377-153) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) YOUTH REFERRAL REPORT LOG (PD377-140) UNDERSTANDING TRUANCY ENFORCEMENT PROCEDURES AND BEST PRACTICES (PD377-111) P.G. 215-08 On-Line Juvenile Report System Date Effective: 08/01/13 PURPOSE To record and investigate certain apprehensions concerning juveniles at least seven years of age but less than sixteen years of age. PROCEDURE When a juvenile at least seven years of age but less than sixteen years of age commits an illegal act, or engages in or is found under circumstances that may endanger the health or safety of the juvenile: UNIFORMED MEMBER OF THE SERVICE 1. Investigate circumstances involving juvenile(s). 2. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) to document incident involving juvenile(s). a. Ensure caption "Juvenile Report" is checked off. 3. Prepare separate JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) for each juvenile involved in incident. a. Verify pedigree, address and parent/guardian information. NOTE: If pedigree, address and parent/guardian information can not be verified in the field, the juvenile must be brought to a Department facility (e.g., precinct, transit district, police service area, etc.) for further investigation. Under no circumstances will a juvenile, who has not been properly identified or whose parent/guardian could not be notified, be released from the field. Upon arrival at the Department facility, the member must notify the Juvenile Crime Desk at (646) 610-JUVI or (646) 610-5884. If the incident occurs at or within the grounds of a school, the juvenile should be removed to a suitable location within the school (e.g., principal’s office, detention room, dean’s office, etc.) to verify their identification. When identification cannot be established or a parent/guardian cannot be notified, the juvenile in question will not be released but will rather be transported to the nearest appropriate Department facility where a notification will be made to the Juvenile Crime Desk. If upon investigation it is determined that the incident involves the commission of a violation by the juvenile and not the commission of a felony or a misdemeanor, the juvenile shall not be removed from the school and transported to a Department facility. In all cases, members of the service MUST confer with a supervisor prior to removing a juvenile from a school. 4. Notify Juvenile Crime Desk at (646)-610-JUVI or (646)-610-5884, if juvenile has been removed from the field and brought to a Department facility. a. Inform Juvenile Crime Desk analyst of incident involving the and be guided by his/her recommendations. juvenile 5. Deliver completed COMPLAINT REPORT WORKSHEET and JUVENILE REPORT SYSTEM WORKSHEET to desk officer. NOTE: If a juvenile has been removed from the field and brought to a Department facility, a notification must be made to the Juvenile Crime Desk. The Juvenile Crime Desk will assist supervisors in making a determination whether a juvenile should be released on a JUVENILE REPORT SYSTEM WORKSHEET or if the juvenile should be processed as a juvenile delinquent as per Patrol Guide 215-09, "Offenses Committed By A Child Under 16 Years Of Age (Other Than A Juvenile Offender)." Members of the service are reminded that if a juvenile is going to be processed as a juvenile delinquent, a COMPLAINT REPORT WORKSHEET and an ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) will be completed along with other required forms (i.e., JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151), etc.). A JUVENILE REPORT SYSTEM WORKSHEET will not be completed. DESK OFFICER/COUNTERPART 6. Check COMPLAINT REPORT WORKSHEET and JUVENILE REPORT SYSTEM WORKSHEET for completeness, legibility, and accuracy (i.e., jurisdiction of complaint, incident classification, etc.). 7. Sign forms in appropriate captions and forward to youth officer/designated officer, command of report. YOUTH OFFICER/DESIGNATED OFFICER, COMMAND OF REPORT 8. Input COMPLAINT REPORT WORKSHEET and JUVENILE REPORT SYSTEM WORKSHEET into the On-Line Juvenile Report System utilizing the OMNIFORM System within twenty-four hours of report. SCHOOL SAFETY SERGEANT/DESIGNATED SERGEANT, COMMAND OF REPORT 9. Review and sign-off on pending JUVENILE REPORT SYSTEM WORKSHEETS utilizing the On-Line Juvenile Report System on a daily basis. 10. Audit and review JUVENILE REPORT SYSTEM WORKSHEETS and COMPLAINT REPORT WORKSHEETS weekly to ensure accuracy. 11. Utilize the OMNIFORM System to ensure JUVENILE REPORT SYSTEM WORKSHEETS were not completed in error (i.e., prepared in addition to an ON-LINE BOOKING SYSTEM ARREST WORKSHEET for an arrest of a juvenile delinquent, etc.). NOTE: Commanding officers of those transit districts and police service areas, which do not have an assigned youth officer, will designate a member of the service to input all COMPLAINT REPORT WORKSHEETS and JUVENILE REPORT SYSTEM WORKSHEETS prepared by their respective commands, into the OMNIFORM System within twenty-fours hours of report. Commanding officers of transit districts and police service areas will likewise designate a sergeant to perform the functions outlined above in steps "9 through 11." YOUTH OFFICER, RESIDENT PRECINCT 12. Conduct follow-up investigation. 13. Confer with complainant, school personnel, witnesses, probation officers, social workers, and/or any other appropriate person or agency. 14. Add or Delete charges for juvenile, if necessary. 15. Choose a Disposition Code, Disposition Agency and Source Code. 16. Create a precautionary or an unfounded letter to notify the parent/legal guardian of an alleged offense involving a juvenile. 17. Contact parent/legal guardian to discuss alleged offense involving juvenile. 18. Summarize results of investigation on On-Line Juvenile Report System’s "Juvenile Follow-up Investigation" application utilizing appropriate closing codes. NOTE: If a juvenile resides outside of New York City, the Youth Services Section will be responsible for conducting the follow-up investigation. SCHOOL SAFETY SERGEANT, RESIDENT PRECINCT 19. Review the follow-up investigation conducted by the youth officer, resident precinct, for accuracy and completeness. a. Direct youth officer, resident precinct, to amend investigation if necessary. NOTE: It is the responsibility of the resident precinct school safety sergeant to approve an on-line follow-up investigation utilizing the Juvenile Follow-up Investigation application. This approval process will be completed within two weeks from the date of the report, if possible. The Youth Services Section supervisor will review and approve all follow-up investigations conducted by Youth Services Section personnel. PRECINCT COMMANDING OFFICER 20. Review investigation of "Juvenile Report" by youth officer giving particular attention to: a. Parent/guardian contact as required by Cuevas v. Leary b. Type of aid offered to parents/guardian and youth c. Suitability of disposition. ADDITIONAL DATA A COMPLAINT REPORT WORKSHEET ("Juvenile Report" caption checked off) and a JUVENILE REPORT SYSTEM WORKSHEET are prepared for a juvenile at least seven but less than sixteen years of age for: a. An act that would constitute a crime if committed by an adult except for those acts listed in step "4" of P.G. 207-01, "Complaint Reporting System" b. Violations committed by juveniles c. Person in need of supervision (if under sixteen years of age) as defined in the Family Court Act, (Section 712, subdivision "a"); Advise civilian complainant of right to seek a petition in Family Court Members of the service will prepare an ON-LINE ARREST REPORT SUPPLEMENT WORKSHEET (PD224-1516) when a person in need of supervision is sixteen or seventeen years of age. d. Intoxicated juveniles e. Juvenile under sixteen years of age found in a house of prostitution f. Stranded juvenile g. Runaway juvenile h. Juvenile unlawfully present in a licensed premises i. Juvenile apparently under the influence of a dangerous drug, e.g., heroin, cocaine, morphine, opium, marijuana, amphetamines, barbiturates, hallucinogens j. Traffic infractions - bicycles - persons over seven but less than sixteen years of age k. Missing person, at least seven years of age but less than sixteen years of age. When recording a complaint for a missing person, at least seven but less than sixteen years of age, members of the service are reminded to also comply with P.G. 207-01 "Complaint Reporting System." Under current law and the Family Court Act, juvenile records are to be treated as confidential and may eventually be sealed. Therefore, such records or any information contained therein may not be disseminated to any person and/or public or private agency outside the New York City Police Department, including the news media and victims. When preparing a COMPLAINT REPORT WORKSHEET, the names of special police, store detectives, school personnel, etc., may be entered under caption "REPORTER/WITNESS." Commanding officers will ensure that all COMPLAINT REPORT WORKSHEETS and JUVENILE REPORT SYSTEM WORKSHEETS are purged from their respective commands’ files, for youths who have reached their seventeenth (17th) birthday and for all "unfounded," "unsubstantiated," and "complaint withdrawn" cases as required by "Cuevas v. Leary." The On-Line Juvenile Report System will purge all data regarding COMPLAINT REPORT WORKSHEETS and JUVENILE REPORT SYSTEM WORKSHEETS from Department databases, for youths who have reached their seventeenth (17th) birthday and for all "unfounded," "unsubstantiated," and "complaint withdrawn" cases as required by "Cuevas v. Leary." Any questions regarding the On-Line Juvenile Report System can be directed to the Crime Analysis and Program Planning Section of the Office of Management Analysis and Planning at (646) 610-5076, during business hours. Any questions during non-business hours or relating to hardware/software issues can be directed to the Management Information Systems Division (MISD) Help Desk at (646) 610-6473. In addition, members of the service can access the "On-Line Juvenile Report System User Guide" posted on the Department’s intranet website for user reference. RELATED PROCEDURES Complaint Reporting System (P.G. 207-01) Offenses Committed By A Child Under 16 Years Of Age (Other Than A Juvenile Offender) (P.G. 215-09) FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) ON-LINE ARREST REPORT SUPPLEMENT WORKSHEET (PD 224-1516) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151) P.G. 215-09 Offense Committed By A Child Under 16 Years Of Age (Other Than A Juvenile Offender) Date Effective: 08-01-13 PURPOSE To process a child under sixteen years of age who has committed an offense. DEFINITION JUVENILE DELINQUENT - A person over seven and less than sixteen years of age who commits an act, which if committed by an adult, would constitute a crime. PROCEDURE When child less than sixteen years of age commits an offense: UNIFORMED MEMBER OF THE SERVICE 1. Detain child 2. Notify desk officer of facts. DESK OFFICER 3. Have parent/guardian notified. 4. Have age determined by questioning juvenile or parents/guardian. a. Verify age by satisfactory documentary proof, if available. NOTE: When a juvenile arrested for a designated felony, is a recidivist, commits a felony while awaiting trial on a violent offense, or the desk officer believes the juvenile is a danger to the community, the juvenile will be removed directly to Family Court or to Horizon Juvenile Center, if court is not in session. A juvenile MUST be taken into custody and charged with juvenile delinquency when an act, if committed by an adult, would be a felony, Unlawful Assembly or any misdemeanor listed in P.G. 208-07, "Photographable Offenses." 5. Confer with youth officer and precinct detectives when a group of juveniles is involved in the same incident. 6. Direct officer to prepare JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) and COMPLAINT REPORT WORKSHEET (PD313-152A), as per P.G. 215-08, "On-Line Juvenile Report System," when: a. Offense committed is NOT a crime, OR b. Determination is made to refer a misdemeanor to youth officer (if residence is outside New York City, refer to Youth Services Section). NOTE: A JUVENILE REPORT SYSTEM WORKSHEET (PD377- 159A) and COMPLAINT REPORT WORKSHEET (PD313-152A) is NOT prepared for truancy (see P.G. 215-07, "Truants"). 7. Direct member concerned to take juvenile into custody and deliver to command with approved location for interrogation, if court is not in session. a. If court is in session, determine if juvenile should be delivered direct to court or processed for personal recognizance. b. If court is not in session, direct member concerned to obtain from borough Court Section the return date for an appearance ticket, if juvenile is released on an APPEARANCE TICKET-FAMILY COURT (see "ADDITIONAL DATA"). NOTE: A juvenile who has committed a designated felony will be taken to Family Court without delay if court is in session, unless interrogation of juvenile is necessary (see P.G. 215-12). If Family Court is not in session, the arresting officer MUST appear in court at 0900 hours, the next day court is in session. In all other arrests for juvenile delinquency, if juvenile is NOT released on recognizance (issued an APPEARANCE TICKET-FAMILY COURT), the arresting officer MUST appear in Family Court at 0900 hrs. the next day court is in session. Desk officers will ensure that the arresting officer's tour is adjusted accordingly, as necessary. If court is not in session the next day, due to weekend or court holiday, members of the service will comply with Interim Order 38, series 2009, "Court Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays." UNIFORMED MEMBER OF THE SERVICE 8. Detain juvenile in location designated for interrogation. a. Have female police officer or other qualified female present, if juvenile is a female. 9. Ensure uniformed member of the service notifies the Juvenile Desk. NOTE: Arresting officers must call the Juvenile Desk before beginning the arrest process to ensure that any intelligence regarding the juvenile is obtained before the decision whether to release the juvenile to a parent/guardian/adult relative is made. The Juvenile Desk has specialized databases that can provide vital background information on arrested/detained juveniles and those adults taking custody of a juvenile upon recognizance or release. 10. Prepare ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). 11. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A), if applicable. 12. Ensure that juvenile offender is fingerprinted and palmprinted in conformance with P.G. 208-11, "Livescan Fingerprinting and Palmprinting." 13. Prepare JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET(PD277-151a). a. Attach hard copy of the FINEST System warrant investigation/juvenile recidivist check to court copy of JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151). 14. Deliver all completed arrest documents including JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT to desk officer. DESK OFFICER 15. Review and sign all arrest documents including the JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT. 16. Ensure that JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT is distributed as indicated on the form. 17. Determine if juvenile can be released on personal recognizance (see P.G. 215-12). 18. Ascertain if application will be made for personal recognizance. 19. Have child NOT eligible for personal recognizance or for whom NO application for personal recognizance is made removed to Horizon Juvenile Center with a copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET, COMPLAINT REPORT, if prepared, and JUVENILE ARREST INVESTIGATION/ PROBATION INTAKE REPORT (see ADDITIONAL DATA). 20. Do not transport juvenile with adult prisoner. 21. Prepare arrest package containing the following forms; a. Copy of ON-LINE BOOKING SYSTEM ARREST WORKSHEET(PD244-159) b. BUFF copy APPEARANCE TICKET-FAMILY COURT c. Evidence/Release Investigation copy of appropriate PROPERTY CLERK INVOICE (PD521-141), if evidence is involved d. Copy of COMPLAINT REPORT(PD313-152), if finalized and signed- off. If not finalized and signed-off, the COMPLAINT REPORT WORKSHEET(PD313-152A) will be submitted e. AIDED REPORT WORKSHEET(PD304-152b), if prepared f. Copy of ACTIVITY LOG(PD112-145) entry g. JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT(PD277-151) (1) Distribute remaining copies to command youth officer, Youth Services Section, and juvenile detention facility, if juvenile is detained. h. Any other related arrest information including copies of arresting officer's/investigator's personal notes and hard copy of FINEST System warrant investigation/juvenile recidivist checks. NOTE: In ALL cases of an arrest of a juvenile, other than a juvenile offender, the desk officer will ensure the above forms/reports are faxed to the respective borough Court Section (Attn: NYPD Family Court Liaison Officer) (see ADDITIONAL DATA statement for listing of liaison officers. During business hours, the Family Court Liaison Officer will be called to verify receipt of the above reports. During non-business hours, the fax transmittal receipt, indicating receipt of the above reports at the borough Court Section, will be obtained and attached to the court package. ADDITIONAL DATA If the arresting officer is reporting to court on the day of arrest or the next day, he/she will bring all required forms/reports to borough Court Section sign-in room, in addition to faxing required forms/reports to the respective borough Court Section. If the juvenile is issued an APPEARANCE TICKET-FAMILY COURT, the desk officer will ensure that all required forms/reports are forwarded to the borough Court Section Family Court Liaison Officer in the next day's a.m. mail, in addition to faxing required forms/reports to the respective borough Court Section. In those instances where the juvenile is removed to the Horizon Juvenile Center (juvenile detention facility), the desk officer will ensure that copies of the ON-LINE BOOKING ARREST WORKSHEET, COMPLAINT REPORT (if finalized and signed off) or COMPLAINT REPORT WORKSHEET if prepared, and the JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT are forwarded with the juvenile, in addition to faxing required reports/forms to the respective borough Court Section. ARRESTING OFFICER/APPEARANCE IN FAMILY COURT JUVENILE DELINQUENT FAMILY COURT REMANDED (APPEARANCE TICKETFAMILY COURT NOT ISSUED) APPEAR 0900 HOURS NEXT BUSINESS DAY RELEASED ON RECOGNIZANCE FOR DESIGNATED FELONY APPEAR 0900 HOURS NEXT BUSINESS DAY RELEASED ON RECOGNIZANCE FOR NON-DESIGNATED FELONY ARRESTING OFFICER EXCUSED Members will adhere to "Court Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays" if an appearance at Family Court is requested on a weekend or court holiday and the borough Family Court is not in session. BOROUGH COURT SECTION FAMILY COURT LIAISONS BOROUGH ADDRESS MANHATTAN 60 LAFAYETTE STREET BROOKLYN 330 JAY STREET BRONX 900 SHERIDAN AVENUE QUEENS 151-20 JAMAICA AVENUE STATEN ISLAND 100 RICHMOND TERRACE A person in need of supervision will NOT be taken into custody without a court order. A juvenile MAY NOT be questioned concerning criminal activity until the juvenile and the parent/guardian are advised and understand the juvenile's constitutional rights. Miranda warnings will be read to the juvenile utilizing MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS (PD244-1413). MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS should be read while the parent/guardian is present. The juvenile may be questioned if he/she waives the Miranda rights in the presence of the parent/guardian. The parent/guardian does not have to separately waive the Miranda rights; they only need to be advised of such rights. However, if the parent/guardian objects to the questioning or requests an attorney for the juvenile, no questioning should occur even if the juvenile is willing to answer questions. Precinct Detective Squad/Burglary/Robbery Apprehension Modules will enhance any case made against a violent youth offender. They will identify, locate, and apprehend any accomplices in gun-related cases or acts of violence. When it becomes necessary to deliver a juvenile to the Horizon Juvenile Center, the arresting/assigned officer, in an effort to expedite the intake process, MUST contact the Admissions Unit, PRIOR to delivering the juvenile, and provide them with the juvenile's name, address, date of birth, and mother's name. The juvenile's statement as to age may be in conflict with the records maintained at the Horizon Juvenile Center. To resolve any differences regarding the age of the juvenile, arresting/assigned officer shall ask to examine the following primary reference documents maintained at the Horizon Juvenile Center: a. Family Court - Remand Order Form C-23B b. Family Court - Order Directing Detention of Respondent Form 3-11 c. Criminal Court - Securing Order Form 299 d. Supreme Court - Securing Order Form 299. File folders may also contain photographs of the juvenile and will be made available for examination. When there are no court records on file at the Horizon Juvenile Center, or available records are inconclusive regarding the age of the juvenile, Horizon Juvenile Center officials will accept delivery of the juvenile for detention. Should the court records at the Horizon Juvenile Center establish that the juvenile was sixteen years of age or older at the time the offense was COMMITTED, he/she will be returned to the borough Court Section facility, borough of arrest, for processing as an adult. If there is a civilian complainant, the arresting officer will inform such complainant that his/her presence is required at Family Court, Probation Intake Area, regardless of whether or not a Supporting Deposition was prepared. In addition, in all juvenile delinquent arrest cases, the arresting officer will provide the complainant with a copy of completed form, JUVENILE DELINQUENT ARREST COMPLAINANT'S NOTIFICATION TO APPEAR (PD277-120). THIS PROCEDURE DOES NOT APPLY TO JUVENILES TAKEN INTO CUSTODY AND CHARGED AS JUVENILE OFFENDERS (SEE P.G. 215-10 "ARRESTS OF JUVENILE OFFENDER"). RELATED PROCEDURES Photographable Offenses (P.G. 208-07) Fingerprintable and Palmprintable Offenses (P.G. 208-08) Rights Of Persons Taken Into Custody (P.G. 208-09) Arrest Processing - "Livescan" Fingerprinting and Palmprinting (P.G. 208-11) Arrests- License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk (P.G. 208-21) Truants (P.G. 215-07) On-Line Juvenile Report System (P.G. 215-08) Arrests Of Juvenile Offenders (P.G. 215-10) Personal Recognizance - Juvenile Delinquent (P.G. 215-12) Utilization of the Juvenile Desk (P.G. 215-21) Court Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays (P.G. 215-23) FORMS AND REPORTS JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET (PD277-151a) JUVENILE DELINQUENT ARREST COMPLAINANT'S NOTIFICATION TO APPEAR (PD277-120) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT(PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS (PD244-1413) PROPERTY CLERKS INVOICE (PD521-141) P.G. 215-10 Arrest Of Juvenile Offender Date Effective: 08/01/13 PURPOSE To process arrest of juvenile charged as a "juvenile offender". DEFINITION JUVENILE OFFENDER - A person less than 16 years of age taken into custody and charged with a felony as indicated: a. 13, 14 and 15 years of age charged with Murder 2nd Degree (Section 125.25, subdivisions 1 and 2) b. 14 or 15 years of age charged with Murder 2nd Degree (Felony Murder subdivision 3) if the underlying felony is listed in subdivision c, items 1 through 11 below. c. 14 or 15 years of age and charged with: (1) Assault 1st Degree - Section 120.10, subdivisions 1 and 2 (2) Manslaughter 1st Degree - Section 125.20 (3) Rape 1st Degree - Section 130.35, subdivisions 1 and 2 (4) (Sodomy) Criminal Sexual Act 1st Degree - Section 130.50, subdivisions 1 and 2 (5) Kidnapping 1st Degree - Section 135.25 (6) Burglary 1st Degree - Section 140.30 AND Burglary 2nd Degree Section 140.25, subdivision 1 (7) Arson 1st and 2nd Degrees - Sections 150.20 and 150.15 (8) Robbery 1st Degree - Section 160.15 AND Robbery 2nd Degree Section 160.10, subdivision 2 (9) Aggravated Sexual Abuse 1st Degree - Section 130.70 (10) Attempted Murder 2nd Degree - Section 110.00; Section 125.25 OR Attempted Kidnapping 1st Degree - Section 110.00; Section 135.25. (11) Criminal Possession of a Weapon 2nd Degree - Section 265.03 OR Criminal Possession of a Weapon 3rd Degree - Section 265.02, subdivision 4, and the offense takes place on school grounds. NOTE: School grounds consist of any building or property within the property line of a public, private or parochial school from elementary up to and including high school or within a thousand feet of the property line of such school (Penal Law Section 220.00, subdivision 14). PROCEDURE When a juvenile is arrested and charged as a juvenile offender: ARRESTING OFFICER 1. Notify the Juvenile Desk at (646) 610-JUVI or (646) 610-5884, if the juvenile is removed to a police facility. NOTE: Arresting officers must call the Juvenile Desk and confer with an analyst before beginning the arrest process to ensure that all available information regarding the juvenile is provided and additional resources (e.g., Juvenile Crime Squad, Law Department, Deputy Commissioner, Public Information, Internal Affairs Bureau, other investigative units, etc.) are notified or dispatched in a timely manner. 2. Bring juvenile to appropriate area designated for interrogation of juveniles. a. Confer with desk officer to ascertain designated location when unknown. b. Have female police officer or other qualified female present, if juvenile is a female. 3. Notify parent/guardian that juvenile is in custody and location of juvenile. 4. Do not question until arrival of parent/guardian. a. Juvenile may be requested to provide pedigree information at location designated for interrogation PRIOR to advising juvenile of constitutional rights. 5. Advise at the same time, juvenile AND parent/guardian of rights as stated in MIRANDA WARNINGS FOR JUVENILE INTERROGATIONS (PD244-1413) prior to interrogation. a. The juvenile may be questioned if he/she waives their rights in the presence of the parent/guardian. The parent /guardian does not have to separately waive the Miranda rights; they only need to be advised of such rights. However, if the parent/guardian objects to the questioning or requests an attorney for the juvenile, no questioning should occur even if the juvenile is willing to answer questions. NOTE: If the parent/guardian cannot be notified, a juvenile MAY be questioned ONLY after: a. Every reasonable effort has been made to notify parent/guardian b. Determining the necessity for questioning at this time c. Considering the age, apparent intelligence of the child, and the ability of the juvenile to understand Miranda Warnings. If the juvenile MUST be questioned, the officer MUST be prepared to testify that a "good faith" attempt was made to have a competent adult (e.g., relative, clergyman, teacher, etc.), other than law enforcement personnel, present during questioning; that the juvenile and the competent adult were advised jointly of the Miranda Warnings; that they understand these rights; and the effect of a waiver on these rights. 6. Prepare handwritten copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) and COMPLAINT REPORT WORKSHEET (PD313-152A), if applicable, at interrogation location. a. Enter specific offenses under "charges" with juvenile offender crimes listed first. b. Enter words "Juvenile Offender" in box captioned "DAT - Return Date." NOTE: A juvenile offender is NOT eligible for Personal Recognizance. 7. Prepare JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET (PD277-151a) at interrogation location. a. Attach hard copy of FINEST System warrant check. 8. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141), if necessary. 9. Ensure that juvenile offender is fingerprinted and palmprinted in conformance with P.G. 208-11, "Livescan Fingerprinting and Palmprinting." 10. Deliver property and WORKSHEET to desk officer. DESK OFFICER 11. Review and sign all arrest documents. 12. Ensure distribution of JUVENILE ARREST INVESTIGATION/ PROBATION INTAKE REPORT (PD277-151). 13. Keep juvenile offender segregated from adult prisoners while in custody. a. Direct that juvenile offender be placed in forward patrol wagon compartment and adult prisoners in rear compartment if being transported at the same time. 14. Ensure the delivery of the ON LINE BOOKING ARREST WORKSHEET, COMPLAINT REPORT (PD313-152), if prepared, and related forms to the borough Court Section supervisor. ARRESTING OFFICER 15. Confer, when necessary, with the borough Court Section supervisor to determine if arraignment can be completed, prior to removing juvenile offender to borough Court Section facility. 16. Do not place juvenile offender in detention holding area or individual cell with adult prisoner. NOTE: Precinct based investigative units, including Precinct Detective Squad/Burglary/Robbery Apprehension Modules, will enhance any case being made against a violent juvenile offender. BOROUGH COURT SECTION SUPERVISOR 17. Give juvenile offenders and companion case adult offenders priority in arrest processing, preparation of court complaint, arraignment, etc. 18. Ascertain that ON LINE BOOKING SYSTEM ARREST WORKSHEET and other related forms are prepared accurately. BOOKING OFFICER 19. Determine if arraignment of juvenile offender can be completed in Criminal Court. a. If juvenile offender is in the precinct of occurrence and arraignment cannot be completed, the desk officer, precinct of occurrence, must arrange transportation of juvenile to the designated juvenile lodging location, after conferral with the borough Court Section supervisor. b. If juvenile arrives at borough Court Section facility and it determined the arraignment cannot be completed, and that facility designated lodging location, the borough Court Section supervisor the arresting officer and/or escort officer to transport juvenile designated lodging location. is is not a will direct to the NOTE: UNDER NO CIRCUMSTANCES WILL JUVENILE OFFENDERS WHO ARE AWAITING ARRAIGNMENT IN CRIMINAL COURT, BE DETAINED OVERNIGHT AT A DEPARTMENT OF JUVENILE JUSTICE DETENTION CENTER. ADDITIONAL DATA If the assistant district attorney declines to prosecute the juvenile offender and directs that the juvenile offender be released, the arresting officer will comply with P.G. 210-16, "Release of Prisoner at the Complaint Room By Direction of the Assistant District Attorney." If the assistant district attorney directs that the charges be reduced to an offense not meeting juvenile offender classification but sufficient for processing as a juvenile delinquent, the arresting officer shall process the offender as a juvenile delinquent. The arresting officer will notify the borough Court Section supervisor so that the ON LINE BOOKING SYSTEM ARREST WORKSHEET may be changed if not already forwarded, or an ON LINE ARREST REPORT SUPPLEMENT (PD244-157) be prepared if ON LINE BOOKING SYSTEM ARREST WORKSHEET has been forwarded. The arresting officer will also notify the Juvenile Desk of any change in the charge(s) that will amend the status of the juvenile (e.g., upgrade in charge(s) or additional charges, Assistant District Attorney declines to prosecute juvenile, etc.). The identity of a youth under 16 years of age who has been arrested and charged as a juvenile offender (see "Definition" above) may be released. However, the identity of a youth taken into custody for juvenile delinquency MAY NOT be released. FORMS AND REPORTS ON LINE ARREST REPORT SUPPLEMENT (PD244-157) COMPLAINT REPORT (PD313-152) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET (PD277-151a) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) RELATED PROCEDURES Fingerprintable and Palmprintable Offenses (P.G. 208-08) Photographable Offenses (P.G. 208-07) Change In Arrest Charges (P.G. 208-17) Arrest Processing - "Livescan" Fingerprinting and Palmprinting (P.G. 208-11) [I. O. 59 s 09] Arrests - License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk (P.G. 208-21) Computerized Investigation Report Worksheet System (P.G. 208-23) Release Of Prisoner At Complaint Room By Direction of Assistant District Attorney (P.G. 210-16) Offenses Committed By A Child Under 16 Years Of Age (Other Than A Juvenile Offender) (P.G. 215-09) Utilization of the Juvenile Desk (Interim Order 37, series 2009) P.G. 215-11 Arrest Of Child Unlawfully In Certain Licensed Premises Date Effective: 08-01-13 PURPOSE To take a child found in certain licensed premises into protective custody. DEFINITION CHILD - Actually or apparently under 16 years of age. LICENSED PREMISES - Public dance halls, cabarets, catering establishments, bars and grills, pool and billiard parlors, bowling alleys, skating rinks, theaters, motion picture theaters. PROCEDURE On discovering a child in a licensed premises: UNIFORMED MEMBER OF THE SERVICE 1. Ascertain age of the child. 2. Determine if presence is unlawful. 3. Take child in to protective custody if presence in premises is in violation of law and arrest proprietor or person in charge. a. If a premise is a pool/billiard parlor, or bowling alley, issue a summons in lieu of arrest. b. If proprietor/person in charge is arrested, indicate under "Details" of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) a brief statement indicating person in charge of premises permitted or had knowledge of violation and actions that led arresting officer to make this conclusion. 4. Escort child home, if residence is located within city. a. If residence of child is outside city limits, handle as "Child Requiring Shelter" until provision is made for returning child home. 5. Inform parents of child of unlawful presence and question concerning reason. 6. Advise parent of legal responsibilities. 7. Prepare JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) and COMPLAINT REPORT WORKSHEET (PD313-152A), as per P.G. 215-08, "On-Line Juvenile Report System" and include under "Details" section: a. Occupation of parent/guardian b. Statements of parents/guardian. 8. Submit WORKSHEETS to desk officer. DESK OFFICER 9. Review WORKSHEETS for accuracy and sign. 10. Process in normal manner. COMMANDING OFFICER 11. Forward report of action taken to Chief of Department, Investigation Review Section, DIRECT, if premises is: a. Catering establishment b. Cabaret c. Public dance hall. RELATED PROCEDURES Children Or Minors Requiring Shelter (P.G. 215-06) On-Line Juvenile Report System (P.G. 215-07) FORMS AND REPORTS JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 215-12 Personal Recognizance Juvenile Delinquent Date Effective: 08-01-13 PURPOSE To release a child, at least seven but less than sixteen years of age, to custody of parent, guardian, lawful custodian, or reasonably responsible adult relative for appearance at Family Court. PROCEDURE When the release of a child on personal recognizance is appropriate. DESK OFFICER 1. Determine if applicant is parent/guardian, lawful custodian, or reasonable responsible adult relative by evidence of identity and relationship to juvenile. NOTE: JUVENILE WILL NOT BE RELEASED IF: a. Applicant, as defined above, is not capable of providing adequate supervision b. Juvenile is wanted on a warrant or is juvenile recidivist c. Health or morals of juvenile would be endangered if released d. Juvenile is not likely to appear on return date e. Juvenile's release would be dangerous to community f. Classified as "Juvenile Offender" (P.G. 215-10) g. Juvenile is a "Designated Felon" and Family Court is in session h. Juvenile is arrested for a felony and conferral with the Juvenile Desk indicates that the juvenile is awaiting trial on a violent felony i. An act committed by a juvenile against a member of his or her family/household (as per P.G. 208-36, "Family Offenses/Domestic Violence") (NYPD expanded definition) is a felony assault, or any sex offense, or other circumstances exist where the release of juvenile would be dangerous to a member of the same family/ household. If a juvenile is alleged to have committed one or more of the listed "Designated Felony" offenses (see ADDITIONAL DATA) and Family Court is in session, the member concerned will take the juvenile delinquent to Family Court without delay unless interrogation of the juvenile is required. If questioning is necessary, the member will take the juvenile to a command location which has been approved as a suitable facility for the interrogation of juveniles. An APPEARANCE TICKET - FAMILY COURT (PD277-130) will not be issued to a juvenile delinquent who has been taken into custody for a "Designated Felony" if Family Court is in session. In all cases in which a youth is arrested and charged with a violent felony act, the Precinct Detective Squad/Robbery Apprehension Module will be directed to enhance the arrest. It will also be their responsibility to identify, locate and apprehend any accomplices in gun related cases or acts of youth violence and attempt to match them to other outstanding crimes. These units will also attempt to identify and apprehend those selling guns to minors. UNIFORMED MEMBER OF THE SERVICE 2. Prepare JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET (PD277-151a). WHEN JUVENILE IS TO BE RELEASED 3. Prepare APPEARANCE TICKET-FAMILY COURT (PD277-130) and have applicant sign in place provided. a. If the person refuses to sign the form, the word "REFUSED" will be entered on the signature line. NOTE: Refusal of a parent/guardian, etc., to sign does not bar release of the juvenile and issuance of the APPEARANCE TICKET. However, if the parent/guardian, etc., refuses to take custody of the juvenile, the juvenile must be remanded. 4. Distribute copies as indicated on form. a. Provide complainant with pink copy of APPEARANCE TICKET - FAMILY COURT, if applicable. 5. Prepare and deliver to complainant, JUVENILE DELINQUENT ARREST COMPLAINANT'S NOTIFICATION TO APPEAR (PD277-120). NOTE: This form must be prepared in all arrests whether the juvenile is released on personal recognizance or is to be detained. DESK OFFICER 6. Attest to the accuracy and completeness of forms by signing forms in appropriate spaces with rank, name, and shield number/tax number. NOTE: All juveniles taken into custody for the same the same time and place for intake processing. If one qualify for personal recognizance, all others (acting released on personal recognizance, must appear at the the next morning that court is in session. incident must appear at juvenile does not in concert) who are borough Family Court on UNIFORMED MEMBER OF THE SERVICE 7. Prepare arrest package containing the following forms: a. Copy - ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) b. BUFF copy - APPEARANCE TICKET - FAMILY COURT c. Evidence/Release Investigation copy of appropriate PROPERTY CLERK INVOICE (PD521-141), if evidence is involved. d. Copy of COMPLAINT REPORT (PD313-152), if finalized and signed-off. If not finalized and signed-off, the COMPLAINT REPORT WORKSHEET (PD313-152A) will be submitted. e. AIDED REPORT WORKSHEET (PD304-152b), if prepared. f. Copy of ACTIVITY LOG (PD112-145) entry. g. JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151). (1) Distribute remaining copies to precinct youth officer, Youth Services Section, and juvenile detention facility, if juvenile is detained. h. Any other related arrest information including copies of arresting officer's/investigator's personal notes. NOTE: In ALL cases of an arrest of a juvenile, other than a juvenile offender, the desk officer will ensure the above forms/reports are faxed to the respective borough Court Section (Attn: NYPD Family Court Liaison Officer) (see ADDITIONAL DATA statement for listing of liaison officers. During business hours, the Family Court Liaison Officer will be called to verify receipt of the above reports. During non-business hours, the fax transmittal receipt, indicating receipt of the above reports at the borough Court Section, will be obtained and attached to the court package. IF JUVENILE IS TO BE DETAINED 8. Call the Horizon Juvenile Center to arrange for lodging. 9. Forward copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET, COMPLAINT REPORT, if prepared, and copy of JUVENILE ARREST INVESTIGATION/ PROBATION INTAKE REPORT to juvenile detention facility with juvenile. 10. Appear in Family Court, located in borough of arrest, with civilian complainant, if any, the next morning that court is in session. NOTE: Members will adhere to (P.G. 215-23), "Court Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays" if an appearance at Family Court is requested on a weekend or court holiday and the borough Family Court is not in session. IF CHILD, ELIGIBLE FOR RELEASE, HAS BEEN SENT TO A DETENTION SHELTER DESK OFFICER 11. Notify juvenile counselor on duty at shelter. 12. Prepare NOTICE OF RECOGNIZANCE - JUVENILE DELINQUENT (PD209-121) and give to applicant for presentation at place of detention. 13. Make Command Log entry when notified by officer at shelter that juvenile has been released. 14. Notify arresting officer of release and scheduled appearance date. NOTE: If applicant appears at a command where the shelter is located, the desk officer will telephone the command of arrest and carry out steps "11 through 14" above. ADDITIONAL DATA If laboratory examination of a controlled substance or a firearm is required, the Police Laboratory/Firearms Analysis Section, as appropriate, will forward a copy of the results of the analysis to the Family Court Liaison Officer, Family Court concerned, when such report is requested. DESIGNATED FELONIES - JUVENILE DELINQUENTS AGE/S 13 ONLY 13 ONLY 13 ONLY 13 ONLY 13 ONLY 13 ONLY 13 ONLY 13 ONLY 13 ONLY 13 ONLY 13 ONLY 13 ONLY 14 & 15 14 & 15 14 & 15 13, 14, 13, 14, 13, 14, ONLY ONLY ONLY 15 ONLY 15 ONLY 15 ONLY OFFENSE PENAL LAW SECT. Kidnapping 1 135.25 Arson 1 150.20 Assault 1 120.10 Manslaughter 1 125.20 Rape 1 130.35 Criminal Sexual Act 1 130.50 Aggravated Sexual Abuse 1 130.70 Arson 2 150.15 Robbery 1 160.15 Murder 2 (subdivision 3) 125.25 Attempted Murder 2 110/125.25 Attempted Kidnapping 1 110/135.25 Assault 1 (subdivisions 3 and 4) 120.10 Rape 1 (subdivision 3) 130.35 Criminal Sexual Act 1 (subdivision 3) 130.50 Murder 1 125.27 Attempted Murder 1 110/125.27 *Kidnapping 2 135.20 *(Only where abduction involved use or threat of use of deadly physical force.) If Family Court is closed, and juvenile qualifies for recognizance, a juvenile who has committed a "Designated Felony" may be released after the issuance of an APPEARANCE TICKET-FAMILY COURT. If an APPEARANCE TICKET - FAMILY COURT is issued, the member concerned will obtain the return date from the Juvenile Desk. It should be noted that the Department of Probation has directed that the return date for a released "Designated Felony-Juvenile Delinquent" will be the next date the court is open and the police officer will NOT be excused. Accordingly, the member must appear at Family Court on the next court date for the processing of "Designated Felonies-Juvenile Delinquents." In cases where an APPEARANCE TICKET-FAMILY COURT is issued, the arresting officer will contact the Juvenile Desk to obtain a Family Court return date. If the arresting officer is reporting to court on the day of arrest or the next day, he/she will bring all required forms/reports to borough Court Section sign-in room, in addition to faxing required forms/reports to the respective borough Court Section. If the juvenile is issued an APPEARANCE TICKET-FAMILY COURT, the desk officer will ensure that all required forms/reports are forwarded to the borough Court Section Family Court Liaison Officer in the next day's a.m. mail, in addition to faxing required forms/reports to the respective borough Court Section. In those instances where the juvenile is removed to the Horizon Juvenile Center (juvenile detention facility), the desk officer will ensure that copies of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET, COMPLAINT REPORT (if finalized and signed) or COMPLAINT REPORT WORKSHEET, if prepared, and the JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT are forwarded with the juvenile, in addition to faxing required reports/forms to the respective borough Court Section. ARRESTING OFFICER/APPEARANCE IN FAMILY COURT JUVENILE DELINQUENT FAMILY COURT REMANDED (APPEARANCE TICKETFAMILY COURT NOT ISSUED) APPEAR 0900 HOURS NEXT BUSINESS DAY RELEASED ON RECOGNIZANCE FOR DESIGNATED FELONY APPEAR 0900 HOURS NEXT BUSINESS DAY RELEASED ON RECOGNIZANCE FOR NON-DESIGNATED FELONY ARRESTING OFFICER EXCUSED Members will adhere to (P.G. 215-23), "Court Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays" if an appearance at Family Court is requested on a weekend or court holiday and the borough Family Court is not in session. BOROUGH COURT SECTION FAMILY COURT LIAISONS BOROUGH ADDRESS MANHATTAN 60 LAFAYETTE STREET BROOKLYN 330 JAY STREET BRONX 900 SHERIDAN AVENUE QUEENS 151-20 JAMAICA AVENUE STATEN ISLAND 100 RICHMOND TERRACE RELATED PROCEDURES Computerized Investigation Report Worksheet System (P.G. 208-23) Family Offenses/Domestic Violence (P.G. 208-36) Offense Committed By A Child Under 16 Years Of Age (Other Than Juvenile Offender) (P.G. 215-09) Arrests - Juvenile Offender (P.G. 215-10) Court Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays (P.G. 215-23) FORMS AND REPORTS ACTIVITY LOG (PD112-145) APPEARANCE TICKET-FAMILY COURT (PD277-130) COMPLAINT REPORT (PD313-152) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT WORKSHEET (PD277-151a) JUVENILE DELINQUENT ARREST COMPLAINANT'S NOTIFICATION TO APPEAR (PD277-120) NOTICE OF RECOGNIZANCE-JUVENILE DELINQUENT (PD209-121) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) P.G. 215-13 Handcuffing Students Arrested Within School Facilities Date Effective: 09-06-13 PURPOSE To set forth a uniformed procedure designed to ensure the safety of both the arresting uniformed member of the service as well as the student being taken into Department custody. SCOPE The Department's policy, for the safety of all concerned, will be to rear handcuff students who are arrested in a school facility unless mitigating circumstances dictate not to. DEFINITIONS CONSTRUCTIVE RESTRAINT - Physical control, with no restraining device employed, using the minimal amount of physical force that is necessary to control movement in order to ensure the safety of the child (i.e., for use on a child who is obeying all commands). ALTERNATIVE RESTRAINT - Nylon/Velcro restraining device for use on a child (based on factors in "ADDITIONAL DATA" statement) who poses a possible safety risk, risk of flight and/or non-compliance. PROCEDURE Whenever effecting an arrest of a student inside a school facility within New York City: UNIFORMED MEMBER OF THE SERVICE 1. Notify, confer, and coordinate actions with School Safety Division personnel prior to taking police action in a public school facility, unless exigent circumstances exist. 2. Remove student, if possible, to a semi-private location (e.g. principal's office, school security office). 3. Inform student of authority and cause, unless physical resistance, flight or other factors render such procedure impractical. 4. Use appropriate level of restraint when applicable (e.g., handcuffs, constructive restraint, alternative restraint, etc.) based on factors described in "ADDITIONAL DATA" statement under heading, "OPERATIONAL CONSIDERATIONS." 5. Request precinct school safety sergeant or, if unavailable, patrol supervisor to respond to the scene, if an arrest is effected. 6. Inform school personnel of the decision to effect an arrest and the basis of that decision. PRECINCT SCHOOL SAFETY SERGEANT/PATROL SUPERVISOR 7. Respond to school and verify probable cause exists to support the arrest. 8. Advise school personnel that an arrest will be effected. a. Advise objecting school administrators within Department of Education facilities to contact their Legal Division. UNIFORMED MEMBER OF THE SERVICE 9. Restrain student with hands behind back, using appropriate restraints. a. A student who is sixteen years of age or older is not eligible for constructive or alternative methods of restraint. PRECINCT SCHOOL SAFETY SERGEANT 10. Meet with all principals of schools located within the command to apprise them of the Department's handcuffing guidelines. UNIFORMED MEMBER OF THE SERVICE 11. Comply with all pertinent arrest related procedures. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Constructive restraint or alternative restraints may be utilized when it is necessary to take a child into police custody. The safety of all persons involved is the predominant factor in determining if a child should be restrained, and if restrained, which method is utilized. It is incumbent upon the member of the service (i.e., precinct school safety sergeant/patrol supervisor and/or designated school safety personnel) to use a reasonable belief standard in determining the level of restraint. Factors which may be considered in making this determination include the following: a. Age of the child (generally a child who is less than twelve years of age; however, any child less than sixteen years of age is eligible for alternative restraint, dependent upon circumstances) b. Physical stature of the child c. Type of offense/nature of incident (including use of weapons) d. Presence of child's parent/guardian e. The number of children being taken into custody f. The reputation of the child with school authorities (including whether the child has a history of emotional or behavioral difficulties) g. The child's demeanor and compliance with instructions given by school staff, parents and members of the service h. Whether the child is demonstrating behavior that may cause imminent harm to himself/herself or others i. Whether there is possible risk of escape j. Medical, mental, physical and/or emotional condition/limitation of the child, if known. While restraining devices generally are not required when taking elementary school aged children into custody, if it has been determined by on-scene personnel that the use of a restraining device would be appropriate, the use of a Nylon/Velcro device may be considered, in lieu of handcuffs. It should be noted that nothing in this directive would preclude the precinct school safety sergeant/patrol supervisor or school safety personnel from utilizing handcuffs, if deemed necessary for safety reasons. Handcuffs should only be used on children after other alternative methods of restraint are considered to be inadequate given the circumstances. If upon investigation it is determined that the incident involves the commission of a violation by the juvenile and not the commission of a felony or a misdemeanor, the juvenile shall not be removed from the school and transported to a Department facility. If a juvenile has been removed from the field and brought to a Department facility, a notification must be made to the Juvenile Crime Desk. The Juvenile Crime Desk will assist supervisors in making a determination whether a juvenile should be released on a JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) or if the juvenile should be processed as a juvenile delinquent as per Patrol Guide 215-09, "Offense Committed by a Child Under 16 Years of Age (Other Than a Juvenile Offender). LEGAL CONSIDERATIONS Whether probable cause to arrest exists will be determined by the Police Department. While the desires of school personnel (principals, teachers, etc.) may be considered by the uniformed member of the service in determining whether an arrest is warranted, the views of school personnel are NOT controlling. In the event a conflict arises between a uniformed member of the service who wishes to effect an arrest of a student and school personnel, the uniformed member of the service will request the response of the precinct school safety sergeant or, if unavailable, patrol supervisor. Under no circumstances will school personnel be permitted to interfere with an arrest the precinct school safety sergeant or, if unavailable, patrol supervisor has deemed warranted. RELATED PROCEDURES Prisoners - General Procedure (P.G. 210-01) Truants (P.G. 215-07) Offense Committed by a Child Under 16 Years of Age (Other Than a Juvenile Offender) (P.G. 215-09) Police Actions, Related Questioning, Arrests and Investigations at Department of Education Facilities (P.G. 215-17) FORMS AND REPORTS JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) P.G. 215-14 Child Advocacy Referrals In The Boroughs Of Brooklyn And Queens Date Effective: 08/01/13 PURPOSE To enhance investigations of reported cases of child abuse in the boroughs of Brooklyn and Queens. PROCEDURE Whenever there is any allegation that a child: a. Less than eleven years of age is the victim of abuse, OR b. Less than thirteen years of age is the victim of any sex crime or attempted sex crime. NOTE: In cases referred in accordance with this procedure, police officers are reminded that it is mandatory to report child abuse and neglect to the New York State Central Registry of Child Abuse. Notification to the ACS IRT hotline DOES NOT substitute for the required notification to the State Central Registry at 1-800-635-1522. UNIFORMED MEMBER OF THE SERVICE 1. Promptly refer active child abuse and sex crime cases directly from the scene, or through the desk officer, to the appropriate Child Abuse Squad. a. Brooklyn: Brooklyn Child Abuse Squad at (718) 330-5600, and fax requested paperwork to (718) 330-5645. b. Queens: Queens Child Abuse Squad at (718) 261-2737, and fax requested paperwork to (718) 261-3174. 2. Notify the Administration for Children's Services Instant Response Team (ACS/IRT) Coordinator at 1-877-CALL-IRT (1-800-225-5478) whenever: a. a child is removed from a household by police personnel OR b. an arrest is made in connection with the abuse or neglect of a child. 3. Prepare reports as specified in P.G. 215-03, "Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children." 4. Enter name of detective notified and the Child Abuse Squad case number under "Details" on COMPLAINT REPORT WORKSHEET (PD313-152A). IF AN ARREST IS EFFECTED BY A UNIFORMED MEMBER OF THE SERVICE ON PATROL FOR ANY SEX CRIME AGAINST A CHILD LESS THAN THIRTEEN YEARS OF AGE : ARRESTING OFFICER 5. Notify Brooklyn or Queens Child Abuse Squad immediately. CHILD ABUSE SQUAD, MEMBER CONCERNED 6. Advise arresting officer, and a. Determine if a case enhancement is needed. ADDITIONAL DATA The Brooklyn Child Abuse Squad is located at the Brooklyn Child Advocacy Center, 45 Nevins Street, Brooklyn, New York 11217. The Queens Child Abuse Squad is located at the Queens Child Advocacy Center, 112-25 Queens Boulevard, Forest Hills, New York 11375. Hours of operation are 0800 to 0100 hours, seven days a week. After office hours, notifications of child abuse and sex crimes will be made to the Detective Borough Brooklyn Nightwatch or Detective Borough Queens Nightwatch, as appropriate. RELATED PROCEDURES Preliminary Investigation Of Complaints (Other Than Vice Related Or Narcotics Complaints) (P.G. 207-07) Emergency Removals Or Investigation And Reporting Of Abused, Neglected Or Maltreated Children (P.G. 215-03) FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 215-15 Confiscation Of New York City Transit Student Metro Cards Date Effective: 09-06-13 PURPOSE To establish procedures and guidelines for the confiscation of a New York City Transit Student Metro Card. SCOPE If a Student Metro Card is illegally possessed i.e., one which was legally issued to another, it will be confiscated and further police action will be taken depending upon the circumstances. When a student has committed a felony or a misdemeanor against New York City Transit property, employees or passengers, and possesses a Student Metro Card legally, that card will be confiscated and appropriate police action will be taken. DEFINITION STUDENT METRO CARDS - Utilized by students going to and from school and school events on New York City Transit subways and New York City/MaBSTOA local buses, as well as Staten Island Railroad trains at St. George Terminal. Student Metro Cards are valid from 0530 to 2030 hours on school days. Night School Student Metro Cards are valid from 1300 to 0100 hours. Student Metro Cards must be swiped in a turnstile and may not merely be displayed to permit entry. New York City Transit encourages students to sign their Metro Cards, but this is not a requirement. An unsigned card is valid, and should NOT be confiscated merely because it is unsigned. PROCEDURE When a Student Metro Card is confiscated: UNIFORMED MEMBER OF THE SERVICE 1. Prepare SCHOOL TRANSPORTATION PASS CONFISCATION REPORT (PD516-170). IF IT IS SUSPECTED THAT THE CARD MAY HAVE BEEN REPORTED LOST OR STOLEN: 2. Call the New York City Transit Fare Media Unit at (718) 243-7337 for school of issuance. 3. Call the school where the card was issued, to verify if the card has been reported lost or stolen. 4. Indicate on the SCHOOL TRANSPORTATION PASS CONFISCATION REPORT, when lost/stolen card verification cannot be made during non-business hours. 5. Prepare other Department reports as required. 6. Record all information in ACTIVITY LOG (PD112-145). 7. Enter the PROPERTY CLERK INVOICE (PD521-141) number on the SCHOOL TRANSPORTATION PASS CONFISCATION REPORT, if Student Metro Card is vouchered as evidence. a. DO NOT write on confiscated card. 8. Submit completed SCHOOL TRANSPORTATION PASS CONFISCATION REPORT and confiscated card to the precinct/district desk officer. PRECINCT/DISTRICT DESK OFFICER 9. Review completed SCHOOL TRANSPORTATION PASS CONFISCATION REPORT for completeness and accuracy and sign the appropriate caption. 10. Direct that a check be made by second platoon clerical personnel on the next business day, if SCHOOL TRANSPORTATION PASS CONFISCATION REPORT indicates that a lost/stolen card check was not made. 11. Have original and first copy of SCHOOL TRANSPORTATION PASS CONFISCATION REPORT with confiscated card forwarded to Transit Bureau, Patrol Operations. a. Retain second copy in command file. TRANSIT BUREAU, PATROL OPERATIONS 12. Maintain first copy of SCHOOL TRANSPORTATION PASS CONFISCATION REPORT for filing as a juvenile record. a. Forward original with card to: Manager of Fare Media-New York City Transit, 370 Jay Street, Brooklyn, New York, 11201. ADDITIONAL DATA Certain categories of Metro Cards produce different colored lights at the turnstile. Student Metro Cards produce an amber light; police and transit employee Metro Cards produce a green light; and half-fare cards (senior citizens, handicapped, etc.) produce a red light. No light is produced by a full fare Metro Card. Police officers may detect the improper use of a Student Metro Card by an adult, or of an adult employee's card by a youth, by noticing the color of light produced when the card is swiped. Questions about the proper use of Metro Cards may be referred to the New York City Transit Fare Media Unit at (718) 243-7337. FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE (PD521-141) SCHOOL TRANSPORTATION PASS CONFISCATION REPORT (PD516-170) P.G. 215-16 Reporting And Recording Public School-Related Criminal Incidents Date Effective: 09-06-13 PURPOSE To record and monitor public school-related criminal incidents, thus enabling the Police Department to conduct timely incident analysis, develop strategies and tactics, and effectively deploy resources. DEFINITION PUBLIC SCHOOL-RELATED CRIMINAL INCIDENTS(S) incidents occurring on public school grounds, in the immediate vicinity of the school, on a school bus, at a school-sponsored event or while traveling to and from school, including the following: a. Any felony or misdemeanor offense. b. Any incident involving: (1) Gangs (2) Weapons (3) Controlled substances. c. Violation offenses involving: (1) Fireworks (2) Trespass (3) Disorderly Conduct (4) Harassment (5) Loitering (6) Marijuana. NOTE: The student's name (as victim or suspect) will not be recorded on the SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD313-147) for offenses as per "c" above, as well as the identity of victims of sex related offenses. Such victims will be indicated by use of the term "person(s) known to this Department." PROCEDURE When a public school-related criminal incident occurs: a. On public school grounds b. In the immediate vicinity of the school c. On a school bus d. At a school-sponsored event or e. While traveling to and from school SCHOOL SAFETY AGENT/U.M.O.S. ASSIGNED TO THE SCHOOL 1. Request police response, via 911/radio dispatcher if an emergency, or via local precinct in other situations. 2. Request School Safety Agent Level 3 to respond. 3. Notify school principal/designee. SCHOOL SAFETY AGENT LEVEL 3 4. Respond to incident location. 5. Review actions taken by School Safety Division personnel. 6. Ensure that all required notifications are made, including the Patrol Borough Liaison Captain in situations of a serious nature. NOTE: If the School Safety Agent Level 3 is unavailable, a School Safety Supervisor will be requested to respond from the School Safety Borough Command and perform the duties of the School Safety Agent Level 3. SCHOOL SAFETY AGENT/PRECINCT U.M.O.S. ASSIGNED TO THE SCHOOL 7. Interview students, complainants and witnesses in accordance with P.G. 215-17, "Police Actions, Related Questioning, Arrests, and Investigations at Department of Education Facilities," and request that they remain at the scene pending arrival of other supervisor/police personnel, if required. 8. Prepare SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD 313-147) NOTE: The above form will be prepared in addition to any other Department reports/forms [JUVENILE REPORT (PD377-151), COMPLAINT REPORT WORKSHEET (PD313-152A), ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), YOUTH REFERRAL (PD377-153), AIDED REPORT WORKSHEET (PD304-152b) etc.,] that are relevant to the incident. 9. Notify School Safety Division Operations Center (212) 979-3333 and obtain the SSD Operations Center serial number. 10. Enter details of incident in ACTIVITY LOG (PD112-145). 11. Sign SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT. SCHOOL SAFETY AGENT LEVEL 3 12. Ensure that SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT is properly prepared. 13. Sign the SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT and forward report to the School Safety Division Borough Command. SCHOOL SAFETY DIVISION BOROUGH COMMAND SUPERVISOR/DESIGNEE 14. Review the SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT for accuracy and completeness. 15. Contact the precinct school safety sergeant and/or other designated precinct personnel to determine the proper offense classification and to obtain any follow-up information. 16. Make two photocopies of the original SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT and distribute as follows. a. Original to School Safety Division Operations Center b. One copy to the School Safety Sergeant, precinct of occurrence c. One copy filed in the School Safety Division Borough Command. PRECINCT SCHOOL SAFETY SERGEANT 17. Respond to public school-related criminal incidents of a serious nature and review action taken by School Safety Division and/or precinct personnel and determine if additional resources and notifications are required. 18. Ensure that the school principal/designee is notified. 19. Conduct additional interview of students, complainants and witnesses, if necessary, in accordance with P.G. 215-17, "Police Actions, Related Questioning, Arrests, and Investigations at Department of Education Facilities." 20. Ensure that the SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT is properly completed. 21. Conduct a daily review of all police incidents, which may be public school- related to ascertain if a SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT was prepared. 22. Prepare a SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT; if required. 23. Make appropriate notifications, including the School Safety Division Operations Center (212) 979-3333 to obtain the SSD Operations Center serial number. a. Distribute the report to the School Safety Division Borough Command. 24. Conduct a daily review of all SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORTS prepared for public school-related criminal incidents occurring in assigned precinct to ensure that appropriate Police Department procedures were followed and necessary forms were prepared. 25. Meet regularly with School Safety Agents and public school principals/designees to: a. Ascertain if they are aware of criminal incidents which have been reported to the Police Department. b. Ensure that the Police Department is aware of public school-related criminal incidents which have been reported to the Department of Education. 26. Provide copies of all SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORTS to the precinct crime analyst and Patrol Borough Pattern Identification Module to assist in pattern identification and the development of strategies and tactics. 27. Insure that the Patrol Borough Liaison Captain is apprised of all incidents, especially those of a serious nature. ADDITIONAL DATA The precinct desk officer will ensure that the precinct school safety sergeant is notified of any public school criminal-related incident: a. Occurring during non-school hours, e.g., burglary of a school on a weekend. b. Occurring during school hours, where the school safety agent or precinct school safety sergeant may be unaware of the incident. Uniformed members of the service will follow the provisions of P.G. 212-13, "Reporting Gang-Related Criminal Activity," regarding reporting requirements for possible gang related/motivated incidents or arrests of suspected or identified gang members. School Safety Agents, School Safety Agents Level 3, School Safety Division supervisors, School Safety Division Operations Center supervisors and police supervisors will ensure that the student's name (as victim, witness, or suspect) is NOT recorded on the SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT for violation offenses involving: (1) Fireworks (2) Trespass (3) Disorderly Conduct (4) Harassment (5) Loitering (6) Marijuana. RELATED PROCEDURES Precinct School Safety Sergeant (P.G. 202-20) Truants (P.G. 215-07) On-Line Juvenile Report System (P.G. 215-08) Offense Committed by a Child Under 16 Years of Age (Other Than a Juvenile Offender) (P.G. 215-09) Arrest of Juvenile Offender (P.G. 215-10) Personal Recognizance Juvenile Delinquent (P.G. 215-12) Handcuffing Students Arrested Within School Facilities (P.G. 215-13) Police Action, Related Questioning, Arrests and Investigations at Department of Education Facilities (P.G. 215-17) Search Protocols for School Safety Agents (P.G. 215-18) FORMS AND REPORTS SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD313-147) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) COMPLAINT REPORT WORKSHEET (PD313-152A) YOUTH REFERRAL (PD377-153) AIDED REPORT WORKSHEET (PD304-152b) ONLINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 215-17 Police Actions, Related Questioning, Arrest And Investigations At Department Of Education Facilities Date Effective: 09-06-13 PURPOSE To establish the protocols for police actions, related questioning, arrests and investigations at Department of Education facilities. PROCEDURE When taking police action at Department of Education facilities: UNIFORMED MEMBER OF THE SERVICE 1. Coordinate activities with School Safety Division personnel, if practicable, when taking police action on or contiguous to Department of Education property/facilities. 2. Confer with principal/school staff, except if exigent circumstances exist, when entering Department of Education school/facility to take police action. 3. Request precinct school safety sergeant or, if unavailable, patrol supervisor to respond to the scene, if an arrest is effected. ADDITIONAL DATA INVESTIGATIVE CONSIDERATIONS The School Safety Division has at least one school safety agent assigned to every public school in New York City. School safety agents possess a wealth of information regarding schools to which they are assigned (i.e., students, key school staff, and facility layout [locations of entrances and exits, floor plans], etc.). Thus, every effort must be made by members responding to public schools to confer with School Safety Division personnel prior to taking enforcement action, unless exigent circumstances exist. LEGAL CONSIDERATIONS WHEN POLICE ACTION INVOLVES QUESTIONING, ARREST, OR INVESTIGATION When a uniformed member of the service wishes to investigate a school-related crime, the principal/designee must permit the interviewing of school staff, or other non-student witnesses/victims. These individuals, however, may not be compelled to submit to such questioning. When a uniformed member of the service whishes to question a student in school regarding a school-related crime, the principal/designee will make every reasonable effort to contact the student's parent/guardian. If notification is made, the member of the service shall consult with the parent/guardian about how the parent/guardian wishes to proceed. If the parent/guardian does not object, the principal/designee must allow the student to be questioned. If the parent/guardian cannot be reached, the principal/designee must permit the uniformed member of the service to question the student under the following circumstances: a. If the parent/guardian of a student who is suspected of committing a crime cannot be reached, the uniformed member of the service may not question the student unless the member feels there is a continued threat of imminent danger. b. If a parent/guardian of a student who is not a suspect (i.e. victim or witness) cannot be reached, a uniformed member of the service may not question the student unless there are exigent circumstances warranting proceeding with the questioning. c. In cases where questioning is conducted without parental notification, the principal or designee may be present during the questioning. The principal or designee, however, may not compel a student to submit to questioning. Imminent danger or exigent circumstances may include, but are not limited to, an active investigation of a violent crime including homicide, arson, robbery, sex offenses, weapon possession, or assault where there are reasonable grounds to believe that a current or former student is a suspect, or has information concerning the investigation, that is necessary to protect the health or safety of students or others. When a uniformed member of the service wishes to access student information from Department of Education records regarding an investigation or arrest, a court order or subpoena must be obtained unless there is a health or safety emergency, consent of the student's parent/guardian, or consent of the student, if 18 years of age or older. Absent such court order or subpoena, or exceptions above, principals or other school staff will not release student information. This includes NYPD school safety agents. A health or safety emergency is a situation which presents imminent danger (as described above) or which requires the immediate need for information to avert or defuse unusual conditions or disruptions. RELATED PROCEDURES Precinct School Safety Sergeant (P.G. 202-20) Arrests - General Processing (P.G. 208-03) Prisoners General Procedures (P.G. 210-01) Truants (P.G. 215-07) On Line Juvenile Report System (P.G. 215-08) Offense Committed by a Child Under 16 Years of Age (Other Than a Juvenile Offender) (P.G. 215-09) Arrest of Juvenile Offender (P.G. 215-10) Personal Recognizance Juvenile Delinquent (P.G. 215-12) Handcuffing Students Arrested Within School Facilities (P.G. 215-13) P.G. 215-18 Search Protocols For School Safety Agents Date Effective: 09-06-13 PURPOSE To establish the protocols for the search of students, their possessions, and their lockers by School Safety Division personnel. SCOPE A student's possessions and person may be searched by a school safety agent provided that school officials have reasonable suspicion to believe that the search will turn up evidence that the student has violated or is violating either the law or school rules and regulations. The extent or the scope of the search must be reasonably related to the objective of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction. PROCEDURE When conducting searches of students, their possessions, or their lockers: SEARCH OF STUDENTS AND THEIR POSSESSIONS (BAGS, CLOTHING, ETC.) SCHOOL SAFETY AGENT 1. Conduct searches of students and their belongings only on behalf of principals or their designee, except if an emergency condition exists. (See "ADDITIONAL DATA" statement under heading, "EMERGENCY SEARCHES OF STUDENTS AND THEIR POSSESSIONS"). 2. Bring the student to a location designated by the principal or designee, if it is determined that a search is warranted. 3. Inform the student that there are reasonable grounds to believe that they have violated or are violating the law or school rules and regulations. SCHOOL PRINCIPAL/DESIGNEE 4. Question the student as to whether he/she has anything in their possession not permitted in school, prior to conducting the search. If the student acknowledges that he/she is in possession of contraband, ask the student to remove it from their person or belongings. SCHOOL SAFETY AGENT 5. Remove the item, which is believed to be evidence of the student violating a law or school rules and regulations, if student refuses to remove same when asked by principal/designee. SEARCH OF LOCKERS 6. Inform the principal or designee when there is reasonable suspicion that a student's locker contains contraband. 7. Search locker, only at the direction of principal or designee, except if an emergency condition exists. The principal or designee must be present while the search of the locker is conducted. (See "ADDITIONAL DATA" statement under heading, "EMERGENCY SEARCHES OF LOCKERS"). WHEN A STUDENT IS FOUND TO BE IN POSSESSION OF CONTRABAND 8. Notify the command concerned, if item is a violation of law, and follow appropriate procedure for the invoicing of property and arrest of student(s). 9. In non-arrest circumstances, request precinct personnel to respond to take custody of the contraband and invoice items seized. 10. Take control of and invoice the property under Department of Education procedures, if item is a violation of school rules and regulations only. ADDITIONAL DATA LEGAL CONSIDERATIONS Nothing in this procedure supersedes the rights and responsibilities of uniformed members of the service regarding search and seizure under applicable provisions of the Criminal Procedure Law. SEARCH GUIDELINES If the student declines to remove the item or denies possession of any contraband, a search may be conducted at the direction of the principal/designee. To the maximum extent possible, if the search involves contact with the student, the search shall be conducted by a school safety agent of the same gender as the student being searched. In situations where a student's gender is not immediately apparent or a student objects to the gender of the school safety agent assigned to perform the search, the school safety agent's supervisor will assign a school safety agent of gender requested by the student, consistent with school safety agent safety and resource availability. Consistent with privacy concerns of the student, only those school safety agents reasonably necessary to conduct the search should be present for the search. Under no circumstances shall school safety agents conduct searches for the purpose of determining gender. Additionally, school safety agents shall not ask questions about a student's anatomy without a reasonable basis for doing so. Refer to P.G. 203-10, "Public Contact Prohibited Conduct." Under no circumstances will a strip-search of a student be conducted. EMERGENCY SEARCHES OF STUDENTS AND THEIR POSSESSIONS An emergency condition is an incident that requires immediate intervention to protect the safety and security of the school community or any person. A search may be conducted if there is reasonable suspicion to believe that a student has violated or is violating the law or school rules and procedures. Once the emergency condition is under control, the school safety agent will immediately take the student to the principal or designee and advise the principal/designee of the situation. EMERGENCY SEARCHES OF LOCKERS An emergency condition is one that requires immediate intervention to protect the safety and security of the school community or any person. Once the situation is under control, the principal or designee will be immediately advised of the situation. RELATED PROCEDURES Procedures for Reporting and Recording Public School-Related Criminal Incidents (P.G. 215-16) Police Actions, Related Questioning, Arrests and Investigations at Department of Education Facilities (P.G. 215-17) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) P.G. 215-19 Abandoned Infants/Operation Safe Haven Date Effective: 08/01/13 PURPOSE To ensure the safety of any abandoned infant and familiarize uniformed members of the service with the provisions of the Abandoned Infant Protection Act. SCOPE The Abandoned Infant Protection Act is designed to protect the lives of newly born infants by encouraging that they be left with a responsible person or in a safe, suitable location (a "safe haven") rather than simply abandoned in a possibly dangerous way. The law establishes an affirmative defense to the crime of Abandonment of a Child (Penal Law 260.00) and Endangering the Welfare of a Child (Penal Law 260.10) in certain circumstances as follows: a. The abandoned infant appears to be not more than five days old, and, b. The person abandoning the child intends for the child to be safe from physical injury and to be cared for in an appropriate manner, and, c. The person abandoning the child indicates such intent by leaving the child with a responsible person or in a safe haven (e.g. hospital, firehouse, police precinct, etc.), and promptly notifies a responsible person of the child's location. NOTE: The law does not provide an affirmative defense to other charges such as assault. PROCEDURE When a uniformed member of the service is notified that an infant has been abandoned or that a person intends to abandon an infant: UNIFORMED MEMBER OF THE SERVICE 1. Respond to the scene. 2. Immediately secure medical attention for the: a. Infant and b. Mother if present. 3. Accompany child/mother to the hospital. 4. Request response of the patrol supervisor. 5. Make ACTIVITY LOG (PD 112-145) entry, indicating: a. Physical condition of child. b. Child's age and medical history, if ascertained. c. Description of child's clothing and/or wrapping. d. Presence or absence of a hospital tag. e. Mother's pedigree information, address, and telephone number. f. Request for patrol supervisor. WHEN INFANTS PARENT(S) IS NOT PRESENT AT THE SCENE 6. Attempt to ascertain from the person on the scene who physically is in possession of the infant: a. Their name, address, telephone number and relationship to the parent(s). b. The identity, description, location, and telephone number of the infant's parent(s) NOTE: Advise person that they are not required to give this information (steps 6a. and 6b). 7. Enter information, if obtained, in ACTIVITY LOG. PATROL SUPERVISOR 8. Respond to scene. 9. Determine if probable cause exists to make an arrest (i.e. criteria as set forth in the Abandoned Infant Protection Act are not present, or other offenses committed.) NOTE: If probable cause to arrest the person responsible for the infant does not exist, and/or person is otherwise in compliance with the criteria set forth in the Abandoned Infant Protection Act, the person will be permitted to leave. 10. Direct the preparation of the following Department forms: a. NYS Domestic Incident Report (DCJS 3221). b. AIDED REPORT WORKSHEET (PD 304-152b). c. COMPLAINT REPORT (PD 313-152) (Classify as Investigate Aided, or other charges as appropriate). d. REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD377-154) 11. Direct notification to be made to the New York State Central Registry, telephone number (800) 635-1522. 12. Prepare UNUSUAL OCCURRENCE REPORT (PD370-152). 13. Notify Desk Officer. DESK OFFICER 14. Immediately notify the precinct detective squad. (If necessary the precinct detective squad will notify the Missing Persons Squad.) 15. Notify Operations and the patrol borough command. 16. Make Command Log entry of items in step 5, subdivisions "a" through "f", listed above. 17. Notify Administration for Children's Services (ACS) Instant Response Team Coordinator at 1-877-CALL-IRT (1-877-225-5478). (Enter name of Administration for Children's Services Instant Response Team Coordinator in the Command Log.) RELATED PROCEDURES Emergency Removals or Investigation and Reporting of Abused, Neglected or Maltreated Children (P.G. 215-03) Children or Minors Requiring Shelter (P.G. 215-06) Child Advocacy Referrals (P.G. 215-14) Aided Cases-General Procedures (P.G. 216-01) FORMS AND REPORTS ACTIVITYLOG (PD 112-145) AIDED REPORT WORKSHEET (PD 304-152b) COMPLAINT REPORT (PD 313-152) REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT (PD 377-154) UNUSUAL OCCURRENCE REPORT (PD 370-152) NYS Domestic Incident Report (DCJS 3221) P.G. 215-20 Requests For Information From The Department Of Education In Accordance With The Federal No Child Left Behind Act Date Effective: 09-06-13 PURPOSE To assist the New York City Department of Education in determining whether a student is entitled to a "safety transfer" pursuant to the provisions of the federal "No Child Left Behind Act" by confirming whether the student has reported a qualifying incident to the Department. DEFINITION QUALIFYING INCIDENT - For the purpose of this procedure, a "qualifying incident" is any founded allegation of a crime reported to the Department by a victim who is a New York City public school student and: a. Names New York City Public School property as the location of occurrence, AND b. Involves infliction of a serious physical injury upon the victim as defined in Penal Law Sec. 10.00 (10); OR c. Is a sex offense involving forcible compulsion; OR d. Is any offense defined in the Penal Law that involves the use or threatened use of a deadly weapon against the victim as defined in Penal Law Sec. 10.00 (12). PROCEDURE When the Department receives a verbal, faxed or written request to confirm that a qualifying incident has occurred at a New York City Public School from that school's principal or his/her authorized designee: MEMBER OF THE SERVICE RECEIVING THE REQUEST 1. Hand-deliver or personally relate the request to the School Safety Sergeant of the precinct concerned. a. If the School Safety Sergeant is not available, hand-deliver or personally relate the request to the precinct commander concerned or his/her specified designee, who will perform the duties of the School Safety Sergeant for this procedure. SCHOOL SAFETY SERGEANT 2. Confirm that the request was initiated by either the principal of the school where the incident is alleged to have occurred, or that principal's authorized designee. 3. Confirm that the request provides the following: a. The name and number of the school b. The date, time and location of the alleged incident(s) c. The name(s) of the victim(s) NOTE: If the request does not meet the requirements specified in steps (2) and (3), contact the principal/designee in order to obtain the required information or to verify the source of the request. 4. Given the proper information for an authorized request: a. Consult Department resources in the following order for the date specified in the request for reports naming the victim(s): (1) The ON LINE COMPLAINT SYSTEM (OLCS) database, or hard copies of COMPLAINT REPORT WORKSHEETS (PD313- 152A), as appropriate. (2) The ON-LINE JUVENILE REPORT SYSTEM database or hard copies of JUVENILE REPORT SYSTEM WORKSHEETS (PD377-159A), as appropriate. (3) SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORTS (PD313-147). (4) AIDED REPORT WORKSHEET (PD304-152b). (5) Precinct Detective Squad. (6) School Safety Division Operations Center, by calling (718) 730-8888. YOUTH OFFICER 5. Assist in the search of Department records when directed by the School Safety Sergeant. SCHOOL SAFETY SERGEANT 6. Ascertain from report(s) and question assigned detective, if necessary, if incident has been classified as unfounded. 7. Upon conclusion of the records search, prepare a report in duplicate, on OFFICIAL LETTERHEAD (PD158-151), addressed to the individual making the request. a. Adhere to the sample format provided in the "ADDITIONAL DATA" statement of this procedure. 8. Deliver the original either by hand or by mail to the principal or designee. 9. Notify the principal or designee verbally either in person or by telephone of the results of the search, no later than the next day that school is in session after the initial request was made. Limit contents of the verbal notification to the information specified in report prepared in Step 7. 10. Record both the personal and mail notifications in ACTIVITY LOG (PD112-145). Include: a. The time of the verbal notification. b. The title and name of the person notified. c. Whether the written report was hand-delivered or mailed to the recipient. d. Whether the incident was a qualifying incident or not and whether it was classified as founded or unfounded. 11. Maintain duplicate copies of reports in a secure location for future reference if necessary. ADDITIONAL DATA The Department must balance the need of the Department of Education to comply with the federal regulations against the privacy rights of the complainant. For this reason, members of the service who process these requests must do so in a thorough and timely manner, but report the results in a way that only relates the facts necessary for school administrators to determine if a qualifying incident has in fact occurred. The sample below provides the format best suited to this end. In the interest of efficiency, commands may utilize a pre-printed letter on OFFICIAL LETTERHEAD to prepare the report. Should the principal or designee request information beyond whether a qualifying incident has been reported, such as the alleged details of an incident or the progress of an investigation, the member will confer with both the detective assigned and the Deputy Commissioner, Legal Matters. All reports will be formatted with proper date, salutation and signature block in accordance with Department procedure for preparing correspondence. The body of the text will be prepared as such: SAMPLE A search of Department records indicates that a report has/has not [specify one] been filed naming [name specified in request] as a complainant in an incident. This incident was/was not [specify one] alleged to have occurred on New York City Public School Property, and did/did not [specify one] allege the infliction of a serious physical injury upon the victim as defined in Penal Law Sec. 10.00 (10), or a sex offense against the victim involving forcible compulsion, or any offense defined in the Penal Law that involves the use or threatened use of a deadly weapon against the victim as defined in Penal Law Sec. 10.00 (12). At the time that this search was conducted, this incident was/was not [specify one] classified as unfounded. RELATED PROCEDURES Information Concerning Official Business of Department (P.G. 212-76) Reporting and Recording Public School-Related Criminal Incidents (P.G. 215-16) Police Actions, Related Questioning, Arrests and Investigations at Department of Education Facilities (P.G. 215-17) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT WORKSHEET (PD313-152A) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) OFFICIAL LETTERHEAD (PD158-151) SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD313-147) P.G. 215-21 Utilization Of The Juvenile Desk Date Effective: 08/01/13 PURPOSE To provide juvenile arrest processing and investigative support to members of the service. PROCEDURE When a juvenile is detained by a member of service and removed to a police facility: ARRESTING OFFICER 1. Remove juvenile to the precinct of arrest/designated arrest processing facility and inform desk officer of circumstances. a. Juvenile delinquents/juvenile offenders will be taken to the location in the stationhouse SPECIFICALLY DESIGNATED as suitable for the interrogation of juveniles. b. A list of locations approved for the interrogation of juveniles is maintained in the Command Reference Library and at the Juvenile Desk. 2. Notify parent/guardian immediately and, a. Document notification in ACTIVITY LOG (PD112-145) including parent/guardian's pedigree information, address and date of birth. b. Have juvenile's pedigree information determined by questioning juvenile and/or their parent/guardian. c. Verify pedigree information by satisfactory documentary proof, if available. DESK OFFICER 3. Document the notification to the parent/guardian in Command Log and include parent/guardian pedigree information, address and date of birth. 4. Determine the appropriate charges, including law, section, degree, and subdivision (i.e., Penal Law 120.10 [1], for Assault in the 1st Degree, Subdivision One or Penal Law 160.10 [3], for Robbery in the 2nd Degree, Subdivision Three, etc.). ARRESTING OFFICER 5. Contact the Juvenile Desk after juvenile is removed to command of detention. NOTE: The Juvenile Desk will provide arresting officers and supervisors with support twenty-four hours/seven days a week. Arresting officers must call the Juvenile Desk before beginning the arrest process to ensure that any intelligence regarding the juvenile is obtained before the decision whether to release the juvenile Desk has specialized on arrested/detained upon recognizance or to a parent/guardian/adult relative is made. The Juvenile databases that can provide vital background information juveniles and those adults taking custody of a juvenile release. 6. Provide Juvenile Desk analyst with the following information: a. Juvenile's last name, first name, date of birth, and home address; b. Parent or guardian's last name, first name, date of birth, and home address; c. Whether parent/guardian notification was successful; d. Top charge by law, numeric section, numeric subdivision, name and degree (i.e., Penal Law 120.10 [1], for Assault in the 1st Degree, Subdivision One or Penal Law 160.10 [3], for Robbery in the 2nd Degree, Subdivision Three, etc.). JUVENILE DESK ANALYST 7. Perform relevant computer checks of the juvenile and the parent/guardian, and advise arresting officer of results. 8. Provide arrest processing support. 9. Make recommendation to remand juvenile or release on recognizance, as appropriate (see ADDITIONAL DATA). 10. Provide arresting officer with Family Court return date, if required. ARRESTING OFFICER 11. Obtain information regarding juvenile's history from the Juvenile Desk analyst. 12. Be guided by responses from Juvenile Desk analyst. 13. Document results of conferral with analyst in ACTIVITY LOG. 14. Comply with applicable arrest processing procedures. 15. Telephone Juvenile Desk, as soon as possible, for changes to the following: a. Any change in the charge(s) that will amend the status of the juvenile (i.e., upgrade in charge(s) or additional charges, Assistant District Attorney declines to prosecute juvenile in criminal court, etc.) b. Inability to make a parental notification or the inability to release the juvenile to a responsible parent/legal guardian/adult relative c. Any changes that would amend the Juvenile Desk's previous recommendation (i.e., investigation reveals that juvenile misrepresented his/her actual age or identity, etc.). JUVENILE DESK ANALYST 16. Notify the Juvenile Crime Squad for the following offenses: a. Any felony b. Criminal Possession of Weapon (firearm only) c. Reckless Endangerment d. Arson. 17. Notify the appropriate investigative unit (i.e., Precinct Detective Squad/Nightwatch for felonies, Burglary/Robbery Apprehension Module (BRAM) for robberies and burglaries, and the respective Special Victims Squad/Child Abuse Squad for serious sex crimes). 18. Notify the Corporation Counsel for the following offenses: a. Any Homicide, including attempts (request that a Corporation Counsel representative respond) b. Rape 1st Degree (request that a Corporation Counsel representative respond) c. Any First Degree Sexual Offense d. Assault 1st Degree e. Robbery 1st Degree f. Any Firearm-Related Offense. 19. Make any other necessary notification on the behalf of arresting officer (i.e., Special Victims Squad for sex offenses with minors, etc.) with the exception of the notification to juvenile's parent/guardian. 20. Provide officer with Juvenile Desk - Intake Log number, if appropriate. ARRESTING OFFICER 21. Document the Juvenile Desk - Intake Log number in the "Narrative" section of the JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A), or in the "Details" section of the COMPLAINT REPORT WORKSHEET (PD313-152A), and the "Narrative" section of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). ADDITIONAL DATA [I.O. 50 s 12] Juvenile Desk personnel will make a recommendation whether to remand or release on recognizance a juvenile based on several factors including the age of the juvenile, the offense charged, the information provided by the arresting officer, and the results of comprehensive background checks of the juvenile and their parent(s). The ultimate decision making authority, however, remains with the supervisor at the detention command. This provides the flexibility to respond to information or circumstances known only to supervisors at the field command. However, the discretion to depart from the recommendations of the Juvenile Desk should be founded on the rationale that the Department will act on the principle of "what is best for the child" balanced by appropriate measures to discourage future criminal behavior. Examples of considerations that should not impact discretion are the availability of vehicles for transport or shortage of personnel. In cases where conditions in the field necessitate a departure from the Juvenile Desk recommendation, the desk officer must confer with a Juvenile Desk supervisor. If after conferral with the Juvenile Desk supervisor, the desk officer's decision is to not follow the recommendation of the Juvenile Desk, the commanding officer of the command of detention, will prepare a report, on Typed Letterhead, to the Assistant Commissioner, Juvenile Justice Division explaining the reason for the non-compliance. School safety agents who detain and remove a juvenile to a police facility for arrest processing or for the issuance of a JUVENILE REPORT SYSTEM WORKSHEET and COMPLAINT REPORT WORKSHEET, as per P.G. 215-08, "On-Line Juvenile Report System," are also required to comply with the above procedure. When school safety agents have removed a juvenile to a police facility for processing, they will notify the School Safety Division (SSD) Operations Center prior to calling the Juvenile Desk. The SSD Operations Center member will issue the agent a SSD Operations Center serial number for entry on a SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD313-147), if appropriate. When the detention of a juvenile takes place within school grounds, the SSD Operations Center will contact the Juvenile Desk on behalf of the arresting agent, if necessary. This process will ensure that the SSD Operations Center remains aware of all enforcement activity occurring in and around New York City public schools. It is not the function of the Juvenile Desk to collect or disseminate statistical data on juveniles and juvenile incidents. RELATED PROCEDURES Arrest of Juvenile Offender (P.G. 215-10) Offenses Committed By A Child Under 16 Years Of Age (Other Than A Juvenile Offender) (P.G. 215-09) On-Line Juvenile Report System (P.G. 215-08) FORMS AND REPORTS ACTIVITY LOG (PD112-145) JUVENILE REPORT SYSTEM WORKSHEET (PD377-159A) COMPLAINT REPORT WORKSHEET (PD313-152A) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) SCHOOL SAFETY DIVISION CRIMINAL INCIDENT REPORT (PD313-147) P.G. 215-22 Requests For Assistance From The Administration For Children's Services (ACS) Child Protection Specialists In Relation To An Official ACS Investigation Date Effective: 08-01-13 PURPOSE To ensure the safety of all persons present when responding to requests for assistance by Administration for Children's Services (ACS) Child Protection Specialists. SCOPE Police officers may be requested to assist Administration for Children's Services Child Protection Specialists when: 1. Executing an Order of Entry endorsed by a Family Court judge; 2. Executing a Child Removal Order or warrant endorsed by a Family Court judge; 3. Conducting an emergency removal pursuant to Section 1024 Family Court Act. 4. The ACS Child Protection Specialist is concerned for his/her personal safety due to suspicion that guns, drugs, or prior or threatened acts of violence against ACS Child Protection Specialists exist. ACS Child Protection Specialist (CPS) may only request assistance in these matters when a complaint has been lodged with the State Central Registry. When requesting patrol assistance, ACS Child Protection Specialists are required to provide the reason for the request and a contact cellular telephone number to make outreach easier. PROCEDURE Upon being dispatched to assist an ACS Child Protection Specialist: UNIFORMED MEMBER OF THE SERVICE 1. Respond to the scene. a. Give dispatcher 10-84 code upon arrival. b. Locate the Administration for Children's Services employee. NOTE: ACS Child Protection Specialists carry cellular telephones issued by their agency. Therefore, police officers may request that the communications section contact the caller to obtain the Child Protection Specialist's exact location. 2. Confer with ACS Child Protection Specialist at the scene who requested assistance. a. Determine specific reason for request for police response. b. Obtain copy of Removal/Entry Order(s) or warrant, if that is purpose of request for assistance. NOTE: In an emergency removal situation the ACS - Child Protection Specialists may not have a warrant or Removal Order. 3. Request patrol supervisor, if not already present. PATROL SUPERVISOR 4. Respond and confer with uniformed members of the service and ACS Child Protection Specialist. 5. Determine if precinct detective, borough Special Victims or Child Abuse squads have an open case regarding this family, if possible. 6. Review Entry/Removal order(s) from ACS, if applicable. a. Confer with Legal Bureau if question as to validity of the order exists. Be guided by response from Legal Bureau personnel. 7. Determine if additional Department resources are needed. UNIFORMED MEMBER OF THE SERVICE 8. Ensure the safety of all persons present. 9. Aid in carrying out Entry/Removal order(s), if applicable. 10. Follow P.G. 215-03, "Emergency Removals or Investigation and Reporting of Abused, Neglected, or Maltreated Children," if arrest is required for child abuse or neglect. 11. Follow appropriate complaint or arrest procedure for other cases involving criminal activities, if appropriate. 12. Make an entry in the ACTIVITY LOG (PD112-145) including: a. ACS Child Protection Specialist's name. b. Specific purpose of the request for assistance (see SCOPE statement 1 4). c. ACS case number. (Also known as "State Connections" ID #). PATROL SUPERVISOR 13. Take appropriate action. ADDITIONAL DATA When an ACS Child Protection Specialist appears at a police facility and requests assistance as outlined in this procedure, the desk officer will ensure that the communications section is notified in a timely manner and a 10-68A code is dispatched. The desk officer will direct the Child Protection Specialist to the scene to await patrol response. A new radio code (10-68A) has been created for "Request for Assistance to ACS Child Protection Specialists." Nothing is to preclude a police officer from taking police action if evidence of criminal activity exists. RELATED PROCEDURES Emergency Removals or Investigation and Reporting of Abused, Neglected, or Maltreated Children (P.G. 215-03) Family Court Warrant for Child Abuse/ Neglect Cases (P.G. 215-04) Preliminary Investigation of Complaints (Other Than Vice Related or Narcotics Complaints) (P.G. 207-07) FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 215-23 Court Processing Of Arrests Of Juvenile Delinquents On Weekends And Court Holidays Date Effective: 08-01-13 PURPOSE To provide for the appearance of arresting officers at the weekend Department of Probation intake location, at the Corporation Counsel office, when a juvenile delinquent has been taken into custody, delivered to Horizon Juvenile Center, and the respective borough Family Court will not be in session due to the weekend or court holiday. DEFINITIONS BOROUGH FAMILY COURT- A location in the borough of arrest where juvenile delinquents are routinely brought to be arraigned during non-holiday weekdays. WEEKEND/HOLIDAY COURT PROCESSING - When a juvenile delinquent is taken into custody and does not qualify for personal recognizance and the borough Family Court will not be in session the next calendar day due to the weekend or holiday, the arresting officer will appear at Manhattan Criminal Court to process the arrest. MANHATTAN CRIMINAL COURT - All weekend/holiday juvenile delinquent court processing will take place at Manhattan Criminal Court. The Manhattan Criminal Court is located at 100 Centre Street. PROCEDURE When a juvenile delinquent has been taken into custody and does not qualify for personal recognizance and the borough Family Court will not be in session the next calendar day due to the weekend or court holiday: DESK OFFICER 1. Notify the Real Time Crime Center Juvenile Desk at (646) 610-5884 when juvenile is detained and removed to a police facility. 2. Provide detained juvenile's pedigree, primary charge and any other information the juvenile crime desk analyst requests. 3. Ensure multiple arrests resulting from one incident, which will be arraigned in Family Court and Criminal Court, are separated and assigned to two different arresting/assigned officers. a. Be guided by P.G. 208-20, "Turnover Arrests" when re-assigning an arrest. b. Ensure assigned officer is given arrest(s) which will be arraigned in Criminal Court. NOTE: Due to the challenges that may occur when processing prisoners in two different courts (Family and Criminal Court), it is mandated that an arrest involving an adult/juvenile offender and juvenile delinquent be separated and assigned to different officers (e.g., juvenile delinquent processed in Family Court; adult prisoner/juvenile offender processed in Criminal Court). The assigned officer given the arrest(s) that will be arraigned in Criminal Court must re-interview the complainant/witness in order to prevent double "hearsay." JUVENILE DESK ANALYST 4. Perform required information inquires. 5. Inform desk officer of recommendation to either deliver juvenile into the custody of the Department of Juvenile Justice or release juvenile delinquent on personal recognizance. 6. Ascertain whether juvenile will be lodged at Horizon Juvenile Center prior to 0600 hours. a. If juvenile is lodged prior to 0600 hours, the arresting officer will be required to appear that same day at Manhattan Criminal Court to complete the arrest process (only if that day is a Saturday, Sunday or official court holiday). b. If juvenile is lodged after 0600 hours, the arresting officer will be required to appear the following day at Manhattan Criminal Court to complete the arrest process (only if that day is a Saturday, Sunday, or official court holiday). 7. Inform desk officer of arresting officer's mandatory appearance for a Weekend/Holiday Pre-Petition Detention Hearing at Manhattan Criminal Court, pursuant to step "6 a or b." DESK OFFICER 8. Have child NOT eligible for personal recognizance or for whom NO application for personal recognizance was made delivered to Horizon Juvenile Center immediately. NOTE: The Horizon Juvenile Center will not accept a juvenile for admission between the hours of 0600 and 0800. Therefore, desk officers must consider the distance and travel time to Horizon when determining the time to deliver the juvenile(s). 9. Have officer delivering juvenile to Horizon Juvenile Center provide Department of Juvenile Justice intake personnel with one copy of ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159), COMPLAINT REPORT (PD313-152), if prepared, and JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151). 10. Direct arresting officer to appear at 100 Centre Street, Room 132, at 0900 hours the following weekend or court holiday morning. 11. Ensure that parent/legal guardian of juvenile delinquent and complainant(s)/ victim(s) in the case are notified and informed of the time and location to be present at Manhattan Criminal Court for the juvenile delinquent's court arraignment. ARRESTING OFFICER 12. Report to Manhattan Criminal Court, 100 Centre Street, at 0900 hours the next calendar day, if the borough Family Court will not be in session due to weekend and/or court holiday in order to begin juvenile arraignment process. 13. Bring two copies of arrest paperwork for each juvenile delinquent taken into custody and delivered to the Horizon Juvenile Center. 14. Sign-in at the Manhattan Court Section desk in Room 132 and be guided by court section supervisor. 15. Report to the 14th floor for conferral with representatives from the Department of Probation and Corporation Counsel, for preparation of Family Court complaint and possible testimony at a pre-petition detention hearing. a. Provide both the probation officer and the Assistant Corporation Counsel handling the case with one copy of arrest paperwork each. 16. Upon being excused by Corporation Counsel following arraignment, report to Room 132 to sign-out. 17. Inform court section supervisor and desk officer of command, if notified by judge or Corporation Counsel, to appear for subsequent hearings. DESK OFFICER 18. Make entry in Telephone Record pertaining to required uniformed member's appearance for subsequent hearings. 19. Ensure Appearance Control Unit is notified the next business day of requested appearance. 20. Notify the operations coordinator and integrity control officer of any mandatory overtime and/or appearance for members of the service who are required to be present at court on a weekend or court holiday. NOTE: Due to the possibility of short-date notifications, desk officers should be aware that the Corporation Counsel may contact the command to have a uniformed member notified for a court appearance. When a member of the service is not at the command (i.e., regular day off, at a training session, etc.) the desk officer will attempt to notify the member of the service by telephone. All such attempts must be documented in the Telephone Record. ADDITIONAL DATA Members of the service are reminded to adhere to current Department procedures when obtaining a return date for an APPEARANCE TICKET-FAMILY COURT (PD277-130) for juvenile(s) released on personal recognizance. Return dates for juvenile(s) released on personal recognizance do not have to coincide with a Weekend/Holiday Pre-Petition Detention Hearing scheduled for juvenile(s) delivered to Horizon Juvenile Center. Arraignments for juveniles released on personal recognizance can be held at a later date. Desk officers are reminded of their obligation to forward DNA, narcotics and firearm evidence to the Police Laboratory in a timely manner as outlined in P.G. 218-04, " Delivery of Evidence to the Police Laboratory" and P.G. 218-49, "Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME). Desk officers will ensure uniformed members of the service are provided with a means of transportation to Manhattan Criminal Court. School Safety personnel will contact their Operations Desk in order to coordinate transportation to Manhattan Criminal Court. If a complainant/victim has difficulty in finding transportation to Manhattan Criminal Court, a reasonable effort should be made by the command to provide transportation. Under no circumstances will such effort take priority over the field operations of the command. The Manhattan Court Section desk, located in Room 132 at Manhattan Criminal Court, 100 Centre Street, can be reached at (212)374-0722 or (212) 374-2801. Members of the service are reminded that any subsequent hearings following a weekend or court holiday appearance at Manhattan Criminal Court will be conducted in the borough Family Court (borough origin of complaint). RELATED PROCEDURES Offense Committed By a Child Under 16 Years of Age (Other Than a Juvenile Offender) (P.G. 215-09) "Turnover" Arrests (P.G. 208-20) First and Third Platoon Arrests (P.G. 208-25) Delivery of Evidence to the Police Laboratory (P.G. 218-04) Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME) (P.G. 218-49) FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) COMPLAINT REPORT (PD313-152) JUVENILE ARREST INVESTIGATION/PROBATION INTAKE REPORT (PD277-151) APPEARANCE TICKET-FAMILY COURT (PD277-130) P.G. 215-24 Photographing Juveniles Charged As Juvenile Delinquents Or Juvenile Offenders Date Effective: 08-01-13 PURPOSE To ensure official Department photographs of juveniles charges with juvenile delinquency or as juvenile offenders are taken at the time of arrest, when legally permissible, and are stored in the Photo Manager System for investigatory purposes. PROCEDURE When a juvenile is arrested and charged as a juvenile delinquency or as juvenile offender: DESK OFFICER 1. Direct arresting officer to contact Juvenile Desk, as per P.G. 215-21, "Utilization of the Juvenile Desk" after juvenile is removed to command of detention: and, comply with P.G. 215-09, "Offense Committed by a Child Under 16 years of age (Other Than a Juvenile Offender)," or P.G. 215-10, "Arrest of Juvenile Offender," as appropriate. 2. Determine if the offense for which the juvenile is charged allows him/her to be photographed. a. Photographs will be taken of juveniles charged with juvenile delinquency as follows: i. Eleven or twelve years old and charged with a class A or B felony ii. Thirteen, fourteen, or fifteen years old and charged with any felony. b. Photographs will be taken of all juveniles charges as juvenile offenders. 3. Ensure juvenile is properly placed in front of the "Photograph Background Board" prior to taking the arrest photograph utilizing the command's Digital Camera Capture Station System. NOTE: In all cases in which photographs are taken of juveniles as part of this procedure, the newly created "Photograph Background Board" MUST be used. This gray colored board is used to ensure that all juveniles photographs have the same color background. Should the Photograph Background Board need to be repaired or replaced, notify the Facilities Management Division. Absent unusual circumstances, the new Photograph Background Boards should also be used for adult digital Prisoner Movement Slip photographs. 4. Direct the arresting officer to photograph the juvenile delinquent or juvenile offender utilizing the command's Digital Camera Capture Station System. NOTE: The official arrest photograph for juveniles charged as juvenile delinquents will be the photograph taken at the command of arrest utilizing the Digital Camera Capture Station System. The official arrest photograph for juveniles charged as juvenile offenders will be the photograph taken at the borough court section booking facility. However, if a determination is subsequently made to charge the juvenile as a juvenile delinquent and not a juvenile offender, then the official arrest photograph taken at the borough court section booking facility will be deleted, and the Digital Camera Capture Station System photograph will become the official arrest photograph. ARRESTING OFFICER 5. Properly place juvenile in front of the "Photograph Background Board" prior to taking the arrest photograph. 6. Take one full frontal photograph of the juvenile utilizing the command's Digital Camera Capture Station System, and crop the image to obtain a centered, straight-on, in-focus photograph of the juvenile. a. If the juvenile wears prescription eyeglasses, take one photograph with eyeglasses and one without eyeglasses. 7. Take one side-view photograph of the right side of the face of the juvenile. a. Turn the juvenile to the left so the right side of the face is photographed b. If the juvenile wears prescription eyeglasses, take one photograph with eyeglasses and one without eyeglasses. NOTE: Under no circumstances should intimate areas of the body (e.g., breast, lower waist area, buttocks, etc.) be exposed or photographed. 8. Ensure the following when taking photographs: a. No other person is in the photograph b. Juvenile's face is expressionless c. Juvenile is not photographed while laughing, smiling, biting their lips or pursuing their lips d. Juvenile has his/her eyes open e. Juvenile is standing straight f. Sunglasses and hats are removed g. Hair is not covering the face h. If the juvenile is wearing a turtle-neck sweater, hooded sweatshirt, or a garment with a large collar, the garment will be folded down to allow as much of the juvenile's neck to be seen as possible. 9. Save the juvenile's image if the requirements listed in steps "5," "6," "7," and "8" are satisfied. NOTE: Once the member of service has completed taking the photographs and attempts to save the image, a box will appear labeled, "Waiting to Verify." At this time, the member of the service will request the desk officer to "verify" the photographs. If the juvenile refuses to be photographed, the arresting officer will notify the desk officer. The desk officer will attempt to obtain compliance from the juvenile. If the juvenile continues to refuse to be photographed, the desk officer will confer with the Legal Bureau. 10. Return juvenile to the area designated for the interrogation of juveniles and continue arrest processing. 11. Generate digital Prisoner Movement Slip with digital photograph using the Digital Camera Capture Station System, and retain with juvenile. DESK OFFICER 12. Ensure the arrest is based upon Probable Cause and the arrest was made in compliance with Department procedures and arrest photographs of the juvenile are taken in compliance with the requirements listed in step "2." 13. Confer with Juvenile Desk regarding juvenile arrest and juvenile arrest photograph procedures including the requirements listed in steps "2","5," "6," "7," and "8." 14. View the photographs and ensure that they are high quality and comply with the requirements listed in steps "5," "6," "7," and "8." a. If the photographs are high quality and comply with the requirements listed in steps "5," "6," "7," and "8", "accept" the photographs. b. If the photographs are not high quality OR do not comply with the requirements listed in steps "5," "6," "7," and "8", "reject" the photographs and direct that the process be repeated until high quality photographs that comply with the requirements listed in steps "5," "6," "7," and "8" are obtained. NOTE: The desk officer must enter the Photo Manager System through the Department Intranet in order to confirm that the photographs are high quality and comply with the requirements listed in steps "5," "6," "7," and "8". Once at the log-in screen of Photo Manager, the desk officer shall click on the BLUE bar which reads, "Verify Juvenile Images". The desk officer will be directed to another log-in screen (black and red in color). Once at that screen, the desk officer will log-in utilizing their password. Once logged-in, a table of juvenile records will appear representing photographs that need to be "verified." On the left hand side of each record will be a link "Verify." A one minute time frame may be needed for the juvenile information to appear in the table. If it does not appear, repeatedly depress the refresh button until it does. Both the frontal and side view juvenile photographs taken on the Digital Camera Capture Station System will be displayed. The desk officer will view the photographs and ensure that they comply with all requirements. Each photograph must be independently accepted or rejected by depressing the corresponding buttons on the computer screen. If a photograph must be rejected for any reason, depress the "Reject" button and such photographs will disappear from the Photo Manager System (desk Officer's computer) as well as the officer's screen at the Digital Camera Capture Station System. Once a photograph is rejected, it is permanently deleted from the System and must be re-taken. 15. If a juvenile arrest is voided OR if juvenile arrest photographs were not taken in compliance with the requirements listed in step "2" OR if juvenile arrest photographs were inadvertently "accepted" when they should have been "rejected", prepare a Typed Letterhead addressed to Director, Photographic Services requesting arrest photograph and arrest record / information be deleted from the system and explaining the reasons for deletion (see "ADDITIONAL DATA"). a. E-mail the Typed Letterhead to the Photographic Unit b. Make an entry in the Command Log stating the date and time the Typed Letterhead was e-mailed to the Photographic Unit and explaining the reasons why the arrest photograph had to be deleted. ADDITIONAL DATA Pursuant to the Family Court Act, juvenile delinquent arrest photographs must be kept confidential and in the exclusive possession of the Department. Juvenile delinquent arrest photographs must also be kept separate from adult arrest photographs and juvenile offender arrest photographs. Additionally, pursuant to the Family Court Act, the Department may ONLY retain juvenile delinquent arrest photographs: 1. During the pendency of the Family Court proceeding that is the subject of the arrest. 2. Following the disposition of the Family Court proceeding that is the subject of the arrest, only upon the conviction of an eleven or twelve year old for a class "A" or "B" felony OR the conviction of a thirteen, fourteen or fifteen year old for any felony. In all other circumstances, ALL copies of juvenile delinquent arrest photographs must be retrieved and destroyed. To ensure compliance with the strict controls mandated by the Family Court Act, members of the service must comply with the following guidelines concerning juvenile delinquent arrest photographs: a. Juvenile delinquent arrest photographs and adult arrest photographs should never be displayed together. b. Juvenile delinquent arrest photographs and juvenile offender arrest photographs should never be displayed together. c. Juvenile delinquent arrest photographs must be treated as confidential and retained in the exclusive control of the Department. d. Juvenile delinquent arrest photographs will not be printed from the Photo Manager System except: (1) to create and preserve a copy of a photo array displayed to a victim / witness; or (2) to preserve a copy of an arrest photograph identified by a victim / witness during a Mugshot photo viewing identification procedure; or (3) to assist in the execution of a Family Court warrant for the charge that is the subject of the arrest for which the juvenile delinquent arrest photograph was taken and entered into the Photo Manager System; (4) to generate a digital Prisoner Movement Slip. If there are questions concerning the printing of juvenile delinquent arrest photographs from the Photo Manager System, confer with the Legal Bureau. Member in non-investigative assignment will record such conferral in ACTIVITY LOG (PD112-145). Member in investigative assignment will record such conferral in the appropriate manner in the related electronic case file or non-electric case folder. e. Juvenile delinquent arrest photographs will not be provided to outside agencies, including other law enforcement agencies, except the District Attorney's Office, NYC Corporation Counsel's Family Court Division or US Attorney's Office, when requested. If there are questions concerning the distribution of juvenile delinquent arrest photographs to other agencies, confer with the Legal Bureau. Member in non-investigative assignment will record such conferral in ACTIVITY LOG. Member in investigative assignment will record such conferral in the appropriate manner in the related electronic case file or non- electric case folder. f. Juvenile delinquent arrest photographs will not be used for wanted flyers. g. Juvenile delinquent arrest photographs will not be used for missing person flyers without permission from the Legal Bureau. h. Juvenile delinquent arrest photographs will not be released to the media. SAMPLE OF TYPED LETTERHEAD Police Department City of New York [DATE] From: [RANK, NAME, COMMAND] To: Director, Photographic Services Subject: REQUEST FOR DELETION OF JUVENILE DELINQUENT ARREST PHOTOGRAPHS AND RECORDS/INFORMATION 1. On [DATE], [RANK] [FULL NAME] [TAX REGISTERY #], arrested [JUVENILE'S FULL NAME], [ARREST NUMBER], as a juvenile delinquent for [CHARGES]. Arrest photographs of the respondent were erroneously taken due to the fact that [STATE REASON(S) WHY DELETION IS NECESSARY]. 2. Based upon the forgoing facts, I request that all copies of arrest photographs and arrests records / information be deleted. 3. For your information and appropriate attention. [SUPERVISOR'S FULL NAME] [SUPERVISOR'S RANK] RELATED PROCEDURES Photographable Offenses (P.G. 208-07) Utilization of the Juvenile Desk (P.G. 215-21) Offense Committed by a Child Under 16 Years of Age (Other Than a Juvenile Offender) (P.G. 215-09) Arrest of Juvenile Offender (P.G. 215-10) FORMS AND REPORTS ACTIVITY LOG (PD112-145) Typed Letterhead Aided Cases P.G. 216-01 Aided Cases General Procedure Date Effective: 08-19-13 PURPOSE To render necessary aid, take corrective or summary action and prepare the prescribed forms. DEFINITION AIDED CASE - Any occurrence coming to the attention of a uniformed member of the service which requires that a person, OTHER THAN A PRISONER, receive medical aid or assistance because such person is: a. Sick or injured (except vehicle or bicycle collision) b. Dead (except vehicle or bicycle collision) c. Lost person d. Mentally ill e. An abandoned, destitute, abused or neglected child f. Runaway child g. Adult requiring care due to arrest, hospitalization, death of parent/ guardian/person responsible for care. ROUTINE SICK AT HOME - Requires ONLY an ACTIVITY LOG (PD112-145) entry if aided is at any residence AND a. Is conscious and properly identified b. No other police service or notification is required c. No dependent adults or uncared for children are in household d. No other investigation is needed. NOTE: Ascertain that ambulance is responding and resume patrol. ROUTINE SICK IN NURSING HOMES - Uniformed members of the service will NOT respond to sick cases in nursing homes. However, other than a routine sick case (injury, cardiac, D.O.A., etc.), a uniformed member will respond to the nursing home, prepare an AIDED REPORT WORKSHEET (PD304-152b), and make necessary notifications. PROCEDURE Upon arrival at the scene of an aided incident: UNIFORMED MEMBER OF THE SERVICE 1. Render reasonable aid to sick or injured person. 2. Request an ambulance or doctor, if necessary. a. If not assigned to patrol, request dispatcher to assign patrol unit concerned b. If aided person is wearing a Medic Alert Emblem indicating diabetes, heart disease, etc., notify radio dispatcher and bring to the attention of ambulance attendant. Do not remove Emblem. 3. Wait in view to direct the ambulance or have a responsible person do so. 4. Make a second call in twenty minutes if ambulance does not arrive. 5. Make ACTIVITY LOG entry. a. Include name of person notified regarding Medic Alert Emblem b. Include Ambulance Call Report (ACR) number or Patient Care Report (PCR) number related to the aided (obtain from the responding ambulance attendant). 6. Accompany unconscious or unidentified aided to hospital in body of ambulance. a. Witness search by hospital authorities and sign hospital property record as witness. b. Examine property removed in attempt to determine identity of aided. c. Record, in ACTIVITY LOG, a list of property removed and identity of person conducting search. NOTE: When a uniformed member of the service responds to an aided case and finds that the aided has been removed from the scene prior to the arrival of the member, such member will ascertain the location of the aided and obtain all information necessary for preparation of AIDED REPORT WORKSHEET. 7. Obtain name, address and telephone number of relative or friend for notification. 8. Prepare AIDED REPORT WORKSHEET and deliver to command clerk. a. Include under "Details," name of person notified regarding Medic Alert Emblems worn. ALL AIDED CASES: COMMAND CLERK 9. Have relatives/friends notified if aided is admitted to a hospital or dies. 10. Classify aided "Unidentified" if unable to make identification and inform desk officer. 11. Deliver AIDED REPORT WORKSHEET to the desk officer. DESK OFFICER 12. Ascertain that notification has been made or comply with P.G. 216-03, "Unidentified Persons." 13. Review AIDED REPORT WORKSHEET for accuracy and completeness. NOTE: In cases where a death has occurred or the person is seriously injured and likely to die, the desk officer will ensure that a notification is made in a timely manner and document the time and date of the notification as well as the name of the member making notification under caption "Notification" on the AIDED REPORT WORKSHEET. 14. Process AIDED REPORT WORKSHEET in accordance with P.G. 216-02, "Preparation of Aided Report Worksheet." 15. Notify the New York City Human Resources Administration's Protective Services for Adults to obtain care for a dependent adult due to arrest, hospitalization or death of a guardian. ADDITIONAL DATA When an aided person is placed in care of ambulance or medical personnel at a hospital, the authority and responsibility for the medical care of the aided rests solely with hospital personnel. Uniformed members of the service concerned shall cooperate with ambulance/hospital personnel in every reasonable manner. If a person is unconscious in a manhole, the uniformed member of the service concerned should immediately request the services of the Emergency Service Unit. If there is reason to believe that the victim was asphyxiated by lack of oxygen, or toxic gas in the manhole, the member WILL NOT DESCEND into the manhole unless equipped with a self-contained oxygen breathing apparatus such as a Scott Air Pack, NOT a filter mask as used by the military. If a person is unconscious in a manhole and there is reason to believe that atmosphere in the manhole is safe, the member concerned, before descending into the manhole, shall obtain a rope or similar article and tie the rope, etc., securely around his/her body. A capable person outside the manhole should hold the free end. A member of the service (uniformed or civilian) who receives a report of a crime involving personal injury, death or loss of essential personal property to an innocent crime victim will notify the victim, or a dependent or surviving relative, of the State Crime Victim's Compensation Program and that additional information and applications are available at any precinct stationhouse, police service area or transit district . Whenever a uniformed member of the service is present at the scene of an aided case that is not life threatening, and there is a difference of opinion between the aided, aided's family, or other interested parties and Emergency Medical Service (EMS) personnel relative to the medical treatment or removal of the aided to a hospital, the member concerned will IMMEDIATELY request the patrol supervisor and an EMS supervisor to respond to the scene. If the patrol supervisor is not available, the Communications Section dispatcher will automatically direct the patrol supervisor from the adjoining command to respond without delay. The patrol supervisor will the situation is resolved, canceled. If the situation will make a second request immediately respond to ascertain the facts, and if the request for the EMS supervisor will be cannot be properly resolved, the patrol supervisor for an EMS supervisor to respond to the scene. When responding to an aided case, and the aided is the victim of domestic violence, uniformed members concerned will ensure that photographs are taken of the visible injuries as per P.G. 208-39, "Family Offenses/Domestic Violence (Digital Photography of Visible Injuries/Damaged Property.") LifeNet is a treatment referral program for individuals or families in need of counseling assistance outside the purview of this Department, e.g., drug/alcohol abuse, mental health related issues, the lonely and confused, etc. Members of the service responding to aided cases encountering such individuals or families are directed to give to them a LifeNet Information Card (Misc. 4203) which contains the program's telephone numbers. LifeNet personnel are accessible 24 hours a day, 7 days a week, 365 days a year. LifeNet is not intended as an alternative means by which to handle mentally ill or emotionally disturbed persons who may pose a danger to themselves or others. In such situations members will comply with P.G. 216-05, "Mentally Ill or Emotionally Disturbed Persons." Uniformed members of the service at the scene of an incident at which an aided is acting in a deranged, erratic manner apparently caused by a drug overdose,( i.e., cocaine psychosis, angel dust, heroin overdose, etc.) will request the response of the patrol supervisor. If an ambulance is not immediately available, the supervisor will determine if aided should be removed to the appropriate hospital by utilizing an RMP or await the arrival of an ambulance. The aided is not to be brought to a police facility. Cocaine induces psychosis or other illegal drug usage may cause violent behavior, which may be a means of self-defense against imagined persecutors. In addition to paranoia, the individual may experience visual, auditory, or tactile (e.g., bugs crawling under the skin, etc.) hallucinations, high body temperature and seizures. Since sudden death may ensue, uniformed members of the service are reminded to have such person brought to an appropriate hospital facility and NOT TO A POLICE FACILITY. Pending arrival of an ambulance, the uniformed member should allow a sick/injured person to be treated by a doctor, emergency medical technician or paramedic, if such person volunteers his/her services, and the uniformed member reasonably believes the volunteer is a professional. The medical attention should take place, if possible, under the observation of the member concerned. When the emergency situation is under control, request identification from volunteer, including name and address, and record information in ACTIVITY LOG and under "Details" on AIDED REPORT WORKSHEET. The volunteer's role is limited to providing medical assistance ONLY. Determination regarding removal procedures via ambulance, Medivac, etc., will be determined by Emergency Medical Service personnel. RELATED PROCEDURES Family Offenses/Domestic Violence (Digital Photography of Visible Injuries/Damaged Property) (P.G. 208-39) Runaway Children (P.G. 215-05) Preparation of Aided Report Worksheet (P.G. 216-02) Unidentified Persons (P.G. 216-03) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Notifications (P.G. 216-15) Safeguarding Property of Deceased Persons (P.G. 218-28) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) LifeNet Information Card (Misc. 4203) P.G. 216-02 Preparation Of Aided Report Worksheet Date Effective: 08-19-13 PURPOSE To provide statistical data and record occurrences and services rendered. PROCEDURE To record an aided case: MEMBER OF THE SERVICE 1. Prepare AIDED REPORT WORKSHEET (PD304-152b). a. Complete all boxes with captions pertaining to the aided case. b. If only one WORKSHEET needed, indicate "1 of 1" on front of WORKSHEET under caption "Card No.___of___" at top right side of form. If more than one WORKSHEET required, indicate "1 of 3," "2 of 3," "3 of 3," etc. on WORKSHEETS, as appropriate. c. Under "Details" caption, use own words to describe apparent illness or injury, such as "stomach pains," "head injury," "maternity," etc. d. If the City is involved, check caption "City Involved" and enter agency code, official diagnosis, description of area and witness' name, address and telephone number under caption "Details," if available. e. If person being aided refuses medical aid, check "refused" box under caption "Medical Aid was" on front of WORKSHEET. f. If a person is unidentified and hospitalized, enter the hospital admission number under caption, "Admission #: If unidentified and hospitalized," on front of WORKSHEET. g. If an unidentified person was treated and released, record such facts under "Details" caption. h. If O.C. Spray used, check caption on rear of WORKSHEET and enter in "Details," the rank, name and tax registry number of each uniformed member of the service who discharged spray. 2. Report incident to desk officer, precinct of occurrence. DESK OFFICER 3. Review and sign WORKSHEET. 4. Have command clerk enter aided information contained on WORKSHEET into the On Line Aided System (O.L.A.S.). COMMAND CLERK 5. Enter aided information contained on WORKSHEET, previously approved by the desk officer, into the On Line Aided System (O.L.A.S.) through the FINEST or Local Area Network (LAN) terminals. 6. Generate duplicate copy of O.L.A.S. Aided Report and forward, as follows: a. PRECINCT YOUTH OFFICER (Child's Temporary Resident Precinct) - If person deceased or removed to hospital and UNCARED FOR CHILDREN are left with friends, neighbors, relatives, etc., not residing in household. b. PRECINCT YOUTH OFFICER (Child's Permanent Resident Precinct) - If child is neglected, abused or maltreated. c. EMERGENCY SERVICES UNIT - If cardio-pulmonary resuscitation (CPR) is administered by members of the service. d. HARBOR UNIT - If person injured or killed in boating collision or person aided on an island inaccessible to a patrol precinct. e. UNIT CONCERNED - If directed by Patrol Guide, or other directive, forward duplicate copy of O.L.A.S. Aided Report to unit concerned. NOTE: All duplicate reports for outside agencies will be placed in a white envelope, addressed appropriately (e.g., Office of the Comptroller, One Centre Street, New York, NY 10007, Attn: CIF Department) and forwarded to the Mail and Distribution Unit. DESK OFFICER 7. Review O.L.A.S. Aided Report by ensuring that all required captions are complete and accurate. 8. Enter tax registry number into FINEST or Local Area Network (LAN) terminal if O.L.A.S. Aided Report properly prepared. ADDITIONAL DATA Once aided information is entered into the On Line Aided System (O.L.A.S.) through the FINEST or Local Area Network (LAN) terminals, aided numbers will be automatically and sequentially issued by the system for each precinct, and will be composed of: a. A three digit precinct number b. A four digit year number, and c. A five digit serial number. If a number of persons are aided as a result of the same occurrence: a. The first numbered O.L.A.S. Aided Report will describe the full details. b. On each succeeding O.L.A.S. Aided Report for the same occurrence, only the aided number, name, address, sex, age, and the nature of the injury/illness of the aided person will be entered. (Include the name of hospital and name of attendant if different from information contained on first O.L.A.S. Aided Report.) c. Under "Details," make reference to the full name of the person on the O.L.A.S. Aided Report that describes the full details of incident. Upon receipt of additional information relating to an aided case that has already been entered into the On Line Aided System, the uniformed member receiving additional information will prepare an AIDED REPORT WORKSHEET. The desk officer will review the new information, sign the WORKSHEET, and direct the command clerk to enter the new information into the On Line Aided System using the "Update" mode. Upon completion, the desk officer will perform a final review of the O.L.A.S. Aided Report in the On Line Aided System. When AIDED REPORT WORKSHEET is prepared in other than precinct of occurrence, the desk officer/supervisory counterpart, command of report, will review and sign WORKSHEET and make telephone notification to precinct of occurrence. Command clerk/administrative counterpart, command of report, will enter information from the AIDED REPORT WORKSHEET into the On Line Aided System (O.L.A.S.) through the FINEST or the Local Area Network (LAN) terminal. The desk officer/supervisory counterpart, command of report, will ensure that a copy of the AIDED REPORT WORKSHEET is forwarded via facsimile to the desk officer, precinct of occurrence. The desk officer, precinct of occurrence will ensure that all required entries and notifications have been made and will perform the final review in the On Line Aided System (O.L.A.S.). AIDED REPORT WORKSHEETS will be stored sequentially in the precinct concerned. FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) P.G. 216-03 Unidentified Persons Date Effective: 08-19-13 PURPOSE To record and initiate investigation of an unidentified person. DEFINITION UNIDENTIFIED PERSON - Subject of an aided/collision case and is: a. Unable to identify himself or such information cannot be determined at once, OR b. Admitted to a hospital, or a child in a shelter, whose relatives or friends cannot be located or are unknown at the address given, OR c. Actually or apparently under eighteen years of age and refuses to identify himself or give his home address, OR d. Dead human body and the true name and address are unknown, or if known, relatives or friends cannot be located. PROCEDURE Upon responding to the scene of an aided/collision case and the victim is unidentified. UNIFORMED MEMBER OF THE SERVICE 1. Interview neighbors/witnesses to obtain information regarding identity of relatives or friends of aided/collision victim. 2. Accompany subject to hospital and obtain any information that may assist in identifying subject from hospital authorities. NOTE: If aided/collision victim is deceased, comply with P.G. 218-28, "Safeguarding Property of Deceased Persons." 3. Make ACTIVITY LOG (PD112-145) entry of incident and include an accurate description of subject and clothing worn. 4. Prepare AIDED REPORT WORKSHEET (PD304-152b) or Police Accident Report (MV104AN), as appropriate, one copy of MISSING/ UNIDENTIFIED PERSON REPORT (PD336-151) and COMPLAINT REPORT WORKSHEET (PD313-152A) if victim is deceased (see P.G. 216-04, "Dead Human Body.") DESK OFFICER 5. Check command records. 6. Notify detective squad to conduct preliminary investigation. a. If no detective is immediately available, the patrol supervisor will commence the preliminary investigation, pending arrival of assigned detective. NOTE: Assigned detective is responsible for continuing and completing the investigation. PRECINCT DETECTIVE/PATROL SUPERVISOR 7. Notify Missing Persons Squad of available information. a. Enter name of Missing Persons Squad member notified on copy of MISSING/UNIDENTIFIED PERSON REPORT. 8. Conduct an immediate preliminary investigation, AND a. Interview neighbors/witnesses in an effort to obtain further information. b. Examine documents/property removed from aided/collision victim or from residence, e.g., personal papers, wills, bankbooks, insurance policies, etc. c. Make any other reasonable effort to identify aided/collision victim or locate relatives or friends. 9. Notify desk officer and Missing Persons Squad of results of preliminary investigation. NOTE: If subject is homicide victim, the assigned precinct detective handles the identification and notification process. The Missing Persons Squad will provide assistance, if needed. COMMAND CLERK 10. Enter unidentified person complaint in On Line Complaint System and obtain serial number. DESK OFFICER 11. Have MISSING/UNIDENTIFIED PERSON REPORT typed from copy prepared by uniformed member of the service. a. If unidentified aided/collision victim is at least seven but less than sixteen years of age prepare JUVENILE REPORT (PD377-151) and assign precinct serial number. 12. Review, sign and forward MISSING/UNIDENTIFIED PERSON REPORT, AIDED REPORT WORKSHEET, Police Accident Report and JUVENILE REPORT, if prepared, as per instructions on the form. YOUTH OFFICER 13. Process all JUVENILE REPORTS prepared for unidentified aided/ collision victims and provide assistance to precinct detective squad. ASSIGNED DETECTIVE 14. Forward COMPLAINT FOLLOW-UP (PD313-081) within three working days detailing the steps taken in the preliminary investigation UNLESS the investigation was closed on the MISSING/UNIDENTIFIED PERSON REPORT. a. Obtain Missing Persons Squad case number and identity of assigned detective. RELATED PROCEDURES Juvenile Report (P.G. 215-08) Aided Cases General Procedure (P.G. 216-01) Preparation of Aided Report Worksheet (P.G. 216-02) Dead Human Body (P.G. 216-04) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT WORKSHEET (PD313-152A) JUVENILE REPORT (PD377-151) MISSING/UNIDENTIFIED PERSON (PD336-151) Police Accident Report (MV104AN) P.G. 216-04 Dead Human Body General Procedures Date Effective: 08-19-13 PURPOSE To ensure that notifications to concerned authorities and relatives are properly made and recorded, evidence is preserved and proper disposition is made of dead human bodies. PROCEDURE Upon arrival at scene of an apparently dead human body: UNIFORMED MEMBER OF THE SERVICE 1. Request ambulance and patrol supervisor to respond. 2. Exclude unauthorized persons from scene. 3. Obtain names of witnesses and detain at scene if death is suspicious. 4. Screen area from public view, if possible. 5. Cover body with waterproof covering, if publicly exposed. 6. Ascertain facts and notify desk officer as soon as possible. 7. Request aided person be removed to hospital or that doctor be dispatched if pronouncement of death by ambulance attendant, emergency medical technician or paramedic is questioned by anyone. DESK OFFICER 8. Notify: a. Detective squad NOTE: Responding detective will notify Crime Scene Unit, if an apparent homicide, suicide, or death is suspicious. b. Harbor Unit, if aided is removed from navigable waters by other than Harbor Unit personnel c. Operations Unit, if an apparent homicide, suicide or death is suspicious d. Communications Section, if death is unusual or homicide e. Medical Examiner (1) Obtain Medical Examiner Case Number for entry on AIDED REPORT WORKSHEET (PD304-152b) (2) Inform Medical Examiner if plastic sheet or bag may be factor in death (3) Make follow-up call to Medical Examiner, if he/she fails to respond within one hour. 9. Record all calls to Medical Examiner in Telephone Record. UNIFORMED MEMBER OF THE SERVICE 10. Prevent anyone from disturbing body or its effects, EXCEPT: a. Paramedic, E.M.T., or doctor (caution not to disturb evidence) b. Medical Examiner or assistant c. District Attorney or assistant d. Members of the Detective Bureau, detective squad or Crime Scene Unit e. Member of Highway District assigned as "collision technicians" or "collision investigators" f. Member of Emergency Service Unit, if body is on train tracks or in subway tunnel. NOTE: Make ACTIVITY LOG (PD112-145) entry identifying all persons entering crime scene. 11. Prepare and attach IDENTIFICATION TAG (PD317-091) on body. NOTE: An IDENTIFICATION TAG will be placed on dead human bodies, parts of bodies, and human fetuses that are to be delivered to the morgue. 12. Obtain receipt on lower half of IDENTIFICATION TAG for body when removed to morgue, and for body and death certificate if released to a funeral director or other authorized person. 13. Prepare AIDED REPORT WORKSHEET or Police Accident Report (MV104AN), as appropriate, and under "Details" include: a. Name and badge number of morgue vehicle operator removing body, or b. Name and address of undertaker authorized to remove body and name, address, and relationship or person authorizing such removal, or c. Name, address, and relationship of person to whom body was released. NOTE: A notification to a member of the immediate family of the deceased will be made tactfully and in person, if possible. Efforts should be made to have a friend or neighbor present when making such notification. 14. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A). 15. Enter all facts in ACTIVITY LOG including a. Identity and complete description of deceased person and clothing worn b. Name of doctor, paramedic or E.M.T. who made death pronouncement c. Name, address and identification of person to whom body was released. 16. Safeguard body and effects until instructions are received from patrol supervisor. 17. Deliver receipt for body and death certificate to desk officer. PATROL SUPERVISOR 18. Ascertain that precinct detective squad, Crime Scene Unit and Operations Unit have been notified, when necessary. NOTE: An immediate telephone notification to the Operations Unit of all unusual incidents involving a homicide or suspicious death is required. The initial notification will include the preliminary facts and circumstances. However, subsequent notifications should be made as additional information becomes available or developments occur during the course of the incident or investigation. 19. Have body and premises searched in the presence of witnesses, when possible, if deceased resided alone or died at a location other than residence. NOTE: A police officer of either sex may search a dead body. 20. Direct member searching body to safeguard property. 21. Examine reporting officer's ACTIVITY LOG entries and certify accuracy by signing rank and name. 22. Make appropriate ACTIVITY LOG entry. DESK OFFICER 23. Direct command clerk to prepare COMPLAINT REPORT (PD313-152) from WORKSHEET by entering information in On Line Complaint System. a. Ensure serial number is obtained from On Line Complaint System. 24. Close complaint at precinct level when deceased is properly identified, Medical Examiner certifies death as natural, and relatives are present and notified. NOTE: If deceased remains unidentified or relatives cannot be located, prepare MISSING/ UNIDENTIFIED PERSONS REPORT (PD336-151), enter on Online Complaint System, obtain a new serial number, and comply with P.G. 216-03, "Unidentified Persons." 25. Direct officer who discovered body in a homicide case to report to the morgue at 0900 hours, the next day, to identify the body to two Medical Examiners. a. Assign officer first on the scene, or another officer who is not on a regular day off, if reporting officer is not available, who can identify the body as the one found or observed at scene. NOTE: If a person dies as the direct result of a police action, the uniformed member involved in or actually witnessing the incident WILL NOT be assigned to identify the body at the morgue. Another member who can make the identification will be assigned. 26. Direct officer concerned to arrange for a relative or other person who knew the deceased to be present to identify body in presence of the officer. 27. File receipt for body and death certificate, if received, in the Property Receipt Book. ADDITIONAL DATA A body, offensive to public decency, may be removed from a public place. However, if death is suspicious, permission of the Medical Examiner and the assigned detective investigating the incident must be obtained. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Unidentified Persons (P.G. 216-03) Notifications (P.G. 216-15) Safeguarding Property of Deceased Persons (P.G. 218-28) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) IDENTIFICATION TAG (PD317-091) MISSING/UNIDENTIFIED PERSONS REPORT (PD336-151) Police Accident Report (MV104AN) P.G. 216-05 Mentally Ill Or Emotionally Disturbed Persons Date Effective: 08/01/13 PURPOSE To safeguard a mentally ill or emotionally disturbed person who does not voluntarily seek medical assistance. SCOPE The primary duty of all members of the service is to preserve human life. The safety of ALL persons involved is paramount in cases involving emotionally disturbed persons. If such person is dangerous to himself or others, necessary force may be used to prevent serious physical injury or death. Physical force will be used ONLY to the extent necessary to restrain the subject until delivered to a hospital or detention facility. Deadly physical force will be used ONLY as a last resort to protect the life of the uniformed member of the service assigned or any other person present. If the emotionally disturbed person is armed or violent, no attempt will be made to take the EDP into custody without the specific direction of a supervisor unless there is an immediate threat of physical harm to the EDP or others are present. If an EDP is not immediately dangerous, the person should be contained until assistance arrives. If the EDP is unarmed, not violent and willing to leave voluntarily, a uniformed member of the service may take such person into custody. When there is time to negotiate, all the time necessary to ensure the safety of all individuals will be used. DEFINITIONS EMOTIONALLY DISTURBED PERSON (EDP) - A person who appears to be mentally ill or temporarily deranged and is conducting himself in a manner which a police officer reasonably believes is likely to result in serious injury to himself or others. ZONE OF SAFETY - The distance to be maintained between the EDP and the responding member(s) of the service. This distance should be greater than the effective range of the weapon (other than a firearm), and it may vary with each situation (e.g., type of weapon possessed, condition of EDP, surrounding area, etc.). A minimum distance of twenty feet is recommended. An attempt will be made to maintain the "zone of safety" if the EDP does not remain stationary. PROCEDURE When a uniformed member of the service reasonably believes that a person who is apparently mentally ill or emotionally disturbed, must be taken into protective custody because the person is conducting himself in a manner likely to result in a serious injury to himself or others: UNIFORMED MEMBER OF THE SERVICE 1. Upon arrival at scene, assess situation as to threat of immediate serious physical injury to EDP, other persons present, or members of the service. Take cover, utilize protective shield if available and request additional personnel, if necessary. a. If emotionally disturbed person's actions constitute immediate threat of serious physical injury or death to himself or others: (1) Take reasonable measures to terminate or prevent such behavior. Deadly physical force will be used only as a last resort to protect the life of persons or officers present. NOTE: Damaging of property would not necessarily constitute an immediate threat of serious physical injury or death. b. If EDP is unarmed, not violent and is willing to leave voluntarily: (1) EDP may be taken into custody without the specific direction of a supervisor. c. In all other cases, if EDP's actions do not constitute an immediate threat of serious physical injury or death to himself or others: (1) Attempt to isolate and contain the EDP while maintaining a zone of safety until arrival of patrol supervisor and Emergency Service Unit personnel. (2) Do not attempt to take EDP into custody without the specific direction of a supervisor. 2. Request ambulance, if one has not already been dispatched. a. Ascertain if patrol supervisor is responding, and, if not, request response. NOTE: Communications Section will automatically direct the patrol supervisor and Emergency Service Unit to respond to scene in such cases. Patrol supervisors' vehicles are equipped with non-lethal devices to assist in the containment and control of EDP's, and will be used at the supervisor's direction, if necessary. 3. Establish police lines. 4. Take EDP into custody if EDP is unarmed, not violent and willing to leave voluntarily. PATROL SUPERVISOR 5. Verify that Emergency Service Unit is responding, if required. a. Cancel response of Emergency Service Unit if services not required. 6. Direct uniformed members of the service to take EDP into custody if unarmed, not violent, and willing to leave voluntarily. NOTE: When aided is safeguarded and restrained comply with steps 25 to 32 inclusive. WHEN AIDED IS ISOLATED/CONTAINED BUT WILL NOT LEAVE VOLUNTARILY: PATROL SUPERVISOR 7. Establish firearms control. a. Direct members concerned not to use their firearms or use any other deadly physical force unless their lives or the life of another is in imminent danger. 8. Deploy protective devices (shields, etc.). a. Employ non-lethal devices to ensure the safety of all present (see "ADDITIONAL DATA" statement). 9. Comply with provisions of P.G. 212-38, "Hostage/Barricaded Person(s)," where appropriate. 10. Establish police lines if not already done. 11. Request response of hostage negotiation team and coordinator through Communications Section. 12. Notify desk officer that hostage negotiation team and coordinator have been notified and request response of precinct commander/duty captain. 13. Request Emergency Service Unit on scene to have supervisor respond. 14. If necessary, request assistance of: a. Interpreter, if language barrier b. Subject's family or friends c. Local clergyman d. Prominent local citizen e. Any public or private agency deemed appropriate for possible assistance. NOTE: The highest ranking uniformed police supervisor at the scene is in command and will coordinate police operations. If the mentally ill or EDP is contained and is believed to be armed or violent but due to containment poses no immediate threat of danger to any person, no additional action will be taken without the authorization of the commanding officer or duty captain at the scene. EMERGENCY SERVICE UNIT SUPERVISOR 15. Report to and confer with ranking patrol supervisor on scene. a. If there is no patrol supervisor present, request response forthwith, and perform duties of patrol supervisor pending his/her arrival. NOTE: The presence of a supervisor from any other police agency does not preclude the required response of the patrol supervisor. 16. Evaluate the need and ensure that sufficient Emergency Service Unit personnel and equipment are present at the scene to deal with the situation. 17. Verify that hostage negotiation team and coordinator are responding, when necessary. 18. Devise plans and tactics to deal with the situation, after conferral with ranking patrol supervisor on scene. DESK OFFICER 19. Verify that precinct commander/duty captain has been notified and is responding. 20. Notify Operations Unit and patrol borough command of facts. COMMANDING OFFICER/DUTY CAPTAIN 21. Assume command, including firearms control. 22. Confer with ranking Emergency Service Unit supervisor on scene and develop plans and tactics to be utilized. 23. Direct whatever further action is necessary, including use of negotiators. [I.O. 20 s 08] 24. Direct use of alternate means of restraint, if appropriate, according to circumstances. WHEN PERSON HAS BEEN RESTRAINED: UNIFORMED MEMBER OF THE SERVICE 25. Remove property that is dangerous to life or will aid escape. 26. Have person removed to hospital in ambulance. a. Restraining equipment including handcuffs may be used if patient is violent, resists, or upon direction of a physician examiner. b. If unable to transport with reasonable restraint, ambulance attendant or doctor will request special ambulance. c. When possible, a female patient being transported should be accompanied by another female or by an adult member of her immediate family. 27. Ride in body of ambulance with patient. a. At least two uniformed members of the service will safeguard if more than one patient is being transported. NOTE: If an ambulance is NOT available and the situation warrants, transport the EDP to the hospital by RMP if able to do so with reasonable restraint, at the direction of a supervisor. UNDER NO CIRCUMSTANCES WILL AN EDP BE TRANSPORTED TO A POLICE FACILITY. 28. Inform examining physician, upon arrival at hospital, of use of non-lethal restraining devices, if applicable. 29. Safeguard patient at hospital until examined by psychiatrist. a. When entering psychiatric ward of hospital, unload revolver at Firearm Safety Station, if available (see P.G. 216-07, "Firearms Safety Stations At Psychiatric Wards And Admitting Areas"). 30. Inform psychiatrist of circumstances which brought patient into police custody: a. Inform relieving uniformed member of circumstances if safeguarding extends beyond expiration of tour. b. Relieving uniformed member will inform psychiatrist of details. 31. Enter details in ACTIVITY LOG (PD112-145) and prepare AIDED REPORT WORKSHEET (PD304-152b). a. Indicate on AIDED REPORT WORKSHEET, name of psychiatrist. 32. Deliver AIDED REPORT WORKSHEET to desk officer. ADDITIONAL DATA Refer persons who voluntarily seek psychiatric treatment to proper facility. Prior to interviewing a patient confined to a facility of the NYC Health and Hospitals Corporation, a uniformed member of the service must obtain permission from the hospital administrator who will ascertain if the patient is mentally competent to give a statement. Upon receipt of a request from a qualified psychiatrist, or from a director of a general hospital or his/her designee, uniformed members of the service shall take into custody and transport an apparently mentally ill or emotionally disturbed person from a facility licensed or operated by the NYS Office of Mental Health which does not have an inpatient psychiatric service, or from a general hospital which does not have an inpatient psychiatric service, to a hospital approved under Section 9.39 of the Mental Hygiene Law. Uniformed members of the service will also comply with this procedure upon direction of the Commissioner of Mental Health, Mental Retardation and Alcoholism Services or his/her designee. [I.O. 20 s 08] USE OF NON-LETHAL DEVICES TO ASSIST IN RESTRAINING EMOTIONALLY DISTURBED PERSONS Authorized uniformed members of the service may use a conducted energy device (CED) to assist in restraining emotionally disturbed persons, if necessary. Emergency Service Unit personnel will obtain the permission of the Emergency Service Unit supervisor prior to utilizing a CED, except in emergencies. Authorized members of the service will be guided by Interim Order 20, series 2008, "Use of Conducted Energy Devices (CED)", when a CED has been utilized. LESS LETHAL/RESCUE EQUIPMENT USE REPORT (PD 320-151) will be prepared whenever a less lethal restraining device or rescue equipment is used by a uniformed member of the service in the performance of duty. The Commanding Officer, Investigation Review Section, will collate statistical information recorded on the REPORTS, and will forward a monthly report to the Office of the Chief of Department by the seventh (7th) business day of each month. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Mental Health Removal Orders (P.G. 216-06) Unusual Occurrence Reports (P.G. 212-09) Investigation Of Carjackings (P.G. 207-32) Unlawful Evictions (P.G. 214-12) Hostage/Barricaded Person(s) (P.G. 212-38) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) NON-LETHAL RESTRAINING DEVICE/RESCUE EQUIPMENT REPORT (PD320-150) TASER/STUN DEVICE REPORT (PD304-150) UNUSUAL OCCURRENCE REPORT (PD370-152) P.G. 216-06 Mental Health Removal Orders Date Effective: 08/01/13 PURPOSE To execute a Mental Health Removal Order and safeguard a mentally ill or emotionally disturbed person who does not voluntarily seek psychiatric/medical assistance. PROCEDURE When a Mental Health Removal Order is received from the Commissioner of Mental Health, Mental Retardation and Alcoholism Services: DESK OFFICER 1. Review Removal Order to verify validity (see "ADDITIONAL DATA"). 2. Make a Command Log entry. NOTE: Await arrival of an assigned city psychiatrist before executing order. If the psychiatrist does not contact the command or respond within one hour, notify Operations Unit at (212) 374-5580. 3. Have Communications Section assign patrol supervisor, RMP unit, Emergency Service Unit and ambulance to execute the Removal Order. 4. Direct RMP unit to respond to command and transport city psychiatrist to the scene, if necessary. PATROL SUPERVISOR 5. Respond to the scene, assume command and evaluate the condition of the patient. NOTE: If subject of Removal Order is not present, consider whether a search of immediate area would be fruitful. Contact desk officer for additional instructions concerning return visits, if necessary. 6. Determine if services of Emergency Service Unit and commanding officer/duty captain are necessary. a. Cancel response of Emergency Service Unit, if not required. 7. Permit city psychiatrist to interview patient to gain cooperation. NOTE: If patient will not cooperate and refuses to go to hospital voluntarily, request response of commanding officer/duty captain. 8. Comply with provisions of P.G. 216-05, "Mentally Ill or Emotionally Disturbed Persons." 9. Assign uniformed member of the service to escort patient to the hospital, if necessary, and remain until patient examined at Psychiatric Emergency Room. 10. Notify desk officer upon completion of removal. UNIFORMED MEMBER OF THE SERVICE 11. Deliver copy of Removal Order to admitting psychiatrist at hospital. a. Comply with P.G. 216-07, "Firearm Safety Stations at Psychiatric Wards and Admitting Areas." 12. Enter details in ACTIVITY LOG (PD112-145) and prepare AIDED REPORT WORKSHEET (PD304-152b). a. Indicate "Mental Health Removal Order," name of responding city psychiatrist and name of admitting psychiatrist under "Details" on AIDED REPORT WORKSHEET. 13. Deliver AIDED REPORT WORKSHEET to desk officer. DESK OFFICER 14. Enter completion time and aided number in margin opposite original Command Log entry. 15. Notify Operations Unit of disposition. ADDITIONAL DATA SAMPLE MENTAL HEALTH REMOVAL ORDER Department of Mental Health Mental Retardation and Alcoholism Services To: Commanding Officer, __________________ Precinct From: Commissioner, Department of Mental Health, Mental Retardation and Alcoholism Services Subject: REMOVAL OF (NAME) TO (HOSPITAL), PSYCHIATRIC EMERGENCY ROOM, (ADDRESS) Pursuant to Section 9.45 of the State Mental Hygiene Law, you are hereby directed to remove (NAME) to the (HOSPITAL), Psychiatric Emergency Room, for an examination to determine whether (NAME) should be hospitalized in accordance with Section 9.39 of the Mental Hygiene Law. (NAME), presently resides at (ADDRESS) with (FAMILY/FRIENDS). He/she is(AGE) and in (PHYSICAL CONDITION). This directive is based on information provided in conversation between my staff and (FAMILY MEMBERS/SOCIAL WORKER ETC.), and is further based on (NO.) psychiatric evaluations of (NAME) by (DR.'S NAME), a physician licensed to practice medicine in the State of New York. It is (DR.'s NAME) opinion that (NAME) has a mental illness for which observation, care and treatment in a hospital is appropriate. Based on the information provided to me that (NAME) has a mental illness for which immediate care and treatment in a psychiatric hospital is appropriate, it is my judgment that (NAME) should be removed to (HOSPITAL), Psychiatric Emergency Room, for an examination to determine whether he/she should be hospitalized pursuant to Section 9.39 of the Mental Hygiene Law. This directive is valid through (DATE). If (NAME) is not at home, the police are directed to make repeated visits until this order can be carried out. Please notify me of the disposition of this case. Commissioner Mental Health Removal Orders include an expiration date. If the subject is not present on the first visit, desk officers should notify their reliefs and arrange for repeated visits until the expiration date, as necessary. Each visit should be documented with an appropriate Command Log entry, and cross-referenced to the original entry. Upon expiration, notify Operations Unit of efforts made to locate mentally ill or emotionally disturbed person and file copy of Removal Order at the command. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Unlawful Evictions (P.G. 214-12) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) P.G. 216-07 Firearm Safety Stations At Psychiatric Wards And Admitting Areas Date Effective: 08/01/13 PURPOSE To utilize firearms safety stations, when available, for the safe unloading and reloading of firearms at psychiatric wards or psychiatric admitting areas of city hospitals. PROCEDURE Upon entering a hospital psychiatric ward or psychiatric admitting area of a city hospital: UNIFORMED MEMBER OF THE SERVICE 1. Escort mentally ill or emotionally disturbed person to designated patient waiting area. 2. Sign in and complete entries under captions in Psychiatric Admitting Log maintained by hospital security police. 3. Proceed to designated firearms safety station, when available, and unload firearm(s). a. Replace unloaded firearm(s) in holster and put loose ammunition, and/or magazine containing ammunition, into pocket. 4. Confer with psychiatric admitting staff and provide necessary information. 5. Safeguard patient at hospital until examined by a psychiatrist. NOTE: If the psychiatrist refers a patient to the hospital emergency room for medical evaluation and clearance, a uniformed member shall reload firearm(s) at the firearms safety station before leaving the psychiatric admitting area, and unload upon return. A member unloading/reloading a firearm will make interim entries in "Remarks" column of the Psychiatric Admitting Log. 6. Inform psychiatrist of circumstances which brought patient into police custody. NOTE: Inform relieving uniformed member of circumstances regarding aided, if safeguarding extends beyond expiration of tour. Relieving uniformed member will comply with sign-in and firearms unloading procedures in addition to informing psychiatrist of circumstances regarding aided. 7. Enter details in ACTIVITY LOG (PD112-145) and prepare AIDED REPORT WORKSHEET (PD304-152b). a. Indicate on AIDED REPORT WORKSHEET, name of psychiatrist and admission number, when appropriate. 8. Proceed to designated firearms safety station location and reload firearm(s) prior to leaving hospital facility. 9. Complete "time-out" entry in Psychiatric Admitting Log. 10. Deliver AIDED REPORT WORKSHEET to desk officer. ADDITIONAL DATA Patrol supervisors/integrity control officers shall comply with unloading procedures and make a visit entry in the Psychiatric Admitting Log when supervising activities of subordinates. When a mentally ill or emotionally disturbed prisoner is escorted to a Department of Correction Forensic Psychiatry Ward, uniformed members will comply with the regulations of the Department of Correction regarding unloading and safeguarding firearms. The following Health and Hospitals Corporation facilities are designated for emergency admission, care and treatment of mentally ill and emotionally disturbed persons: HOSPITAL Bellevue Hospital Center Bronx Municipal Hospital Center City Hospital Center at Elmhurst Coney Island Hospital Harlem Hospital Center Kings County Hospital Center Lincoln Hospital Metropolitan Hospital Center North Central Bronx Hospital Queens Hospital Center Woodhull Hospital RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) P.G. 216-08 Persons Overcome By Gas, Drugs, Or Other Poisonous Substances Date Effective: 08/01/13 PURPOSE To secure special assistance and obtain samples of poisonous substances in appropriate cases. PROCEDURE When it appears that aided person is suffering from ingestion of drugs, a poisonous substance or inhalation of gas: UNIFORMED MEMBER OF THE SERVICE 1. Call an ambulance. 2. Request Emergency Service Unit, if oxygen required. 3. Give ambulance attendant information regarding the nature of the poisoning. 4. Permit doctor or attendant to take the substance, prescription or container, if not required as evidence. a. If evidence, give sample to doctor or attendant and deliver remainder of substance to the desk officer or detective assigned. 5. Notify, and make samples available to, the Poison Control Center of the Health Department, if required. 6. Obtain a receipt for such materials. 7. Make ACTIVITY LOG (PD112-145) entry of facts and time required notifications were made. 8. Prepare AIDED REPORT WORKSHEET (PD304-152b). 9. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A), if necessary. ADDITIONAL DATA The desk officer will notify the Operations Unit in poisoned or infected food cases, or in wood or denatured alcohol poisoning cases. ADDITIONAL GUIDELINES FOR PROCESSING CONTAMINATED FOOD OR DRUG SAMPLES: a. Cases of spoiled or biologically contaminated foods served in restaurants or other locations where food may be obtained will be referred to the Department of Health, Food Poisoning Investigation Unit which will determine the proper course of action to be taken. b. Person treated at a hospital for apparent poisoning - if sample of suspected substance is available, the sample will be taken directly to Department of Health Laboratories, 455 First Avenue, Manhattan, with [I.O. 63 s 13] REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) attached. (1) If a food product is involved, immediately notify Department of Health, Food Poisoning Investigation Unit. c. When pattern emerges concerning several separate incidents of suspected poisoning that occurred under similar circumstances, the Poison Control Center will be notified and the uniformed member of the service will comply with instructions received. d. The mass removal of a potentially dangerous product that must be removed from retail shelves will be handled on a case by case basis. Under no circumstances will items be removed from a retail establishment and brought to a precinct stationhouse/command before consultation with concerned city, state and federal agencies via the Operations Unit. e. Samples of evidence in cases having potential criminal sanctions and not covered in any of the above categories will be delivered to the Police Laboratory with [I.O. 63 s 13] REQUEST FOR LABORATORY EXAMINATION REPORT attached. Materials not classified as evidence in an investigation will be invoiced and forwarded to the Property Clerk for safekeeping in appropriate cases. f. Substances delivered to a member of the service by a citizen for analysis will not be accepted if there is no allegation of danger to public health or of specific criminal activity. The complainant will be notified that in civil negligence cases, private laboratories conduct such analysis. When an item is a sealed food product, the Food Poisoning Investigation Unit will be notified for follow-up at point of purchase. FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT (PD313-152) [I.O. 63 s 13] REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) P.G. 216-09 Animal Bites Date Effective: 08/01/13 PURPOSE To notify the New York City Department of Health and Mental Hygiene of human exposure to a rabid animal, an animal suspected of being rabid, and/or an animal that has bitten, scratched, or abraded a human being and to provide for the observation of the animal involved. DEFINITION HUMAN EXPOSURE TO RABIES - A bite or a scratch from a rabid animal, an animal suspected of being rabid or contamination of an open or fresh wound (i.e., having bled within the last twenty-four hours) or mucous membranes (e.g., eyes, nose, mouth, etc.) with infectious material (e.g., saliva, nervous tissue, etc.) from a rabid animal or an animal suspected of being rabid. PROCEDURE Upon responding to a complaint which concerns exposure to a rabid or suspect-rabid animal and/or an animal that has bitten, scratched, or abraded a human being, follow normal aided case procedures and in addition: UNIFORMED MEMBER OF THE SERVICE 1. Render reasonable aid and prepare AIDED REPORT WORKSHEET (PD304-152b), if applicable. 2. Comply with P.G. 219-17, "Use of Patrol Kits." 3. Advise person concerned to thoroughly wash affected area with soap and water, and to seek medical attention as quickly as possible (even if the injury or exposure is not serious). 4. Ascertain owner of animal. a. Obtain description of animal and attempt to locate for examination. b. If animal is located comply with P.G. 214-33, "Care and Disposition of Animals." 5. Prepare DANGEROUS ANIMAL/BITE REPORT (PD311-152) in all instances in which response to or becoming apprised of an incident involving an animal bite and/or dangerous animal and include SPRINT number on form. a. If the animal is gone upon arrival at the scene, a DANGEROUS ANIMAL/BITE REPORT must still be prepared, regardless of whether or not a person has been injured by the animal. 6. Deliver DANGEROUS ANIMAL/BITE REPORT and AIDED REPORT WORKSHEET, if applicable, to desk officer. NOTE: The Department of Health and Mental Hygiene, Animal Bite Unit can be notified from 0900 to 1700 hours, Monday through Friday. After hours, the Poison Control Center of the Department of Health and Mental Hygiene must be notified. DESK OFFICER 7. Review and sign AIDED REPORT WORKSHEET, if applicable. 8. Process AIDED REPORT WORKSHEET in accordance with P.G. 216-02, "Preparation of Aided Report Worksheet." 9. Review and sign DANGEROUS ANIMAL/BITE REPORT and distribute as delineated on form. 10. Notify Department of Health and Mental Hygiene by telephone of an animal that has bitten, scratched, or abraded a human being and/or of human exposure to a rabid animal or of an animal suspected of being rabid. 11. Forward the Department of Health and Mental Hygiene copy of DANGEROUSANIMAL/BITE REPORT via the Mail and Distribution Unit. 12. Notify Department of Health and Mental Hygiene by telephone if animal or owner is located after DANGEROUS ANIMAL/BITE REPORT has been forwarded. a. Ensure that all supplementary information is recorded on AIDED REPORT WORKSHEET and entered in the Online Aided System. 13. File command copy of all DANGEROUS ANIMAL/BITE REPORTS. ADDITIONAL DATA Snakebite cases require a notification to the Poison Control Center of the Department of Health and Mental Hygiene. Enter notification on AIDED REPORT WORKSHEET. In other than animal bite, injury, or exposure cases, a member of the service is required to notify the Department of Health and Mental Hygiene, Bureau of Communicable Disease by telephone of any animal of which he/she has knowledge that is rabid, or is suspected of being rabid, or of any animal which has been bitten by, come in contact with, or kept together with a rabid animal. The member must complete the DANGEROUS ANIMAL/BITE REPORT and deliver the DANGEROUS ANIMAL /BITE REPORT to the desk officer to be reviewed and distributed as delineated on the form. Forward Department of Health and Mental Hygiene copy of DANGEROUS ANIMAL/BITE REPORT, via the Mail and Distribution Unit. For cases involving rabies, the Department of Health and Mental Hygiene, Bureau of Communicable Disease can be notified from 0900 to 1700 hours, Monday through Friday. After hours, the Poison Control Center of the Department of Health and Mental Hygiene must be notified. Raccoons are primarily nocturnal animals; any raccoon seen active during the daytime should be considered rabid until proven otherwise. Any raccoon acting friendly or aggressively should be considered rabid. P.G. 214-33, "Care and Disposition of Animals," will be complied with whenever an animal is located. All parties will be removed from the immediate vicinity of the animal. The location of the animal, if not contained, will be monitored and the Emergency Services Unit or the Animal Care and Control of New York City (A.C. & C.) will be contacted for assistance regarding the animal's capture and removal. Uniformed members of the service shall not discharge their firearms at a dog or other animal except to protect themselves or another person from physical injury and there is no other reasonable means to eliminate the threat. When a suspected rabid animal is captured, A.C. & C. of New York City must be notified of the location of capture, the primary reason the police were called, and the names and addresses of all persons and animals that were potentially exposed to the suspected rabid animal. RELATED PROCEDURES Exposure of Members of the Service to Infectious Diseases (P.G. 205-10) Care and Disposition of Animals (P.G. 214-33) Preparation of Aided Report Worksheet (P.G. 216-02) Use of Patrol Kits (P.G. 219-17) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) DANGEROUS ANIMAL/BITE REPORT (PD311-152) P.G. 216-10 Taxicab Drivers Date Effective: 08/01/13 PURPOSE To report certain aided cases involving taxicab drivers to the New York City Taxi and Limousine Commission. PROCEDURE Upon responding to an incident in which a taxicab is involved and it is apparent that the taxi driver has epilepsy, vertigo, heart disease or other condition making him/her unfit to operate a taxi: UNIFORMED MEMBER OF THE SERVICE 1. Follow normal aided case procedures. 2. Obtain driver's credentials and give RECEIPT FOR CREDENTIALS (PD616-011). DESK OFFICER 3. Forward credentials and facts of the aided case on REPORT OF VIOLATION (PD672-151) to New York City Taxi and Limousine Commission. 4. Note on REPORT OF VIOLATION if unable to obtain credentials. FORMS AND REPORTS RECEIPT FOR CREDENTIALS (PD616-011) REPORT OF VIOLATION (PD672-151) P.G. 216-11 Communicable Disease Date Effective: 08/01/13 PURPOSE To assist in the orderly removal of a person with a communicable disease. DEFINITION COMMUNICABLE DISEASE - an infectious disease capable of being passed to another by direct contact with an infected individual or his/her discharges. PROCEDURE When advised by the Department of Health that a person with a communicable disease is to be removed to a hospital: DESK OFFICER 1. Assign a uniformed member of the service to assist in the removal of patient. UNIFORMED MEMBER OF THE SERVICE 2. Comply with the pertinent provisions of P.G. 205-10, "Exposure of Members of the Service to Infectious Diseases." 3. Accompany patient to the hospital when requested by the hospital attendant or physician. ADDITIONAL DATA Information concerning a prisoner's or a victim's affliction with a communicable disease must be kept confidential. This information generally should not be released to the public, the media, the person's family and friends or to other prisoners. There may be unusual circumstances under which release of this information is warranted. Any such release, however, may only be made with the written consent of the Deputy Commissioner - Legal Matters. In some cases, prisoners may volunteer their positive status regarding a communicable disease indicating the need to be segregated from general prisoner population or the need for medical treatment. In such cases, isolation cells should be used, if available. This information may be recorded on a Prisoner Movement Slip or on form MEDICAL TREATMENT OF PRISONER (PD244-150) in order to alert personnel assigned to Corrections, District Attorney's offices or courts. Members of the service who are exposed to a communicable disease should follow the provisions of P.G. 205-10, "Exposure of Members of the Service to Infectious Diseases." RELATED PROCEDURES Reporting Sick From Outside City And Outside Residence Counties (P.G. 205-05) Exposure of Members of the Service to Infectious Diseases (P.G. 205-10) Prisoners - General Procedure (P.G. 210-01) Aided Cases - General Procedure (P.G. 216-01) FORMS AND REPORTS MEDICAL TREATMENT OF PRISONER (PD244-150) P.G. 216-12 School Crossing Guard Injured While Performing Duty Date Effective: 08/01/13 PURPOSE To maintain a record of a school crossing guard injured while performing duty. PROCEDURE When a school crossing guard is injured in the line of duty, follow normal aided case procedures and: UNIFORMED MEMBER OF THE SERVICE 1. Request patrol supervisor to respond. PATROL SUPERVISOR 2. Investigate circumstances. 3. Interview the school crossing guard. a. Obtain name of hospital, attendant and doctor, if removed to a hospital. 4. Notify the Operations Unit promptly, if the member of the service injured requires hospital treatment. a. An additional notification to the Operations Unit is also required before final reports are prepared to update Operations of the status of the injured member of the service. NOTE: This notification is in addition to, and does not preclude the requirement for other notifications to Operations as indicated elsewhere in this procedure. 5. Have school crossing guard prepare, in own handwriting, if possible, two copies of Employee's Notice of Injury (Law Department Form WCD 23) and submit to commanding officer of precinct of occurrence. 6. Interview the witnesses and request them to prepare WITNESS STATEMENT INJURY TO MEMBER OF DEPARTMENT (PD429-065). 7. Direct uniformed member of the service to prepare Police Accident Report (MV 104AN), if vehicle is involved, OR AIDED REPORT WORKSHEET (PD304-152b) in all other cases. 8. Report circumstances to the desk officer. DESK OFFICER 9. Make Command Log entry regarding circumstances of incident and results of investigation. 10. Notify Employment Section during next business day and Operations Unit within twenty-four hours. 11. Prepare Typed Letterhead explaining circumstances and deliver to commanding officer with a copy of Command Log entry attached. COMMANDING OFFICER 12. Forward two copies of the Typed Letterhead with the two copies of the Employee's Notice of Injury and the WITNESS STATEMENT - INJURY TO MEMBER OF THE DEPARTMENT, if any, to Deputy Director, Employment Section. 13. Keep school crossing guard on payroll, without pay, from time of injury until return to duty, and cause Election of Rate of Change Against Annual and/or Sick Leave Balances form to be prepared. 14. Notify Employment Section when school crossing guard returns to duty and every subsequent time that the guard reports sick and returns to duty as a result of the injury. 15. Direct that Supervisor's Report of Injury (Law Department Form 201) be prepared within forty-eight hours after occurrence. 16. Direct that Report to Employee Benefits Unit (Form E) be prepared. RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) [I.O. 7 s 13] Vehicle Collisions - General Procedure (P.G. 217-01) Civilian Employee Injury (A.G. 319-15) FORMS AND REPORTS AIDED REPORT WORKSHEET(PD304-152b) WITNESS STATEMENT- INJURY TO MEMBER OF DEPARTMENT (PD429-065) Election of Rate of Change Against Annual/ and/or Sick Leave Balances Form Employee's Notice of Injury Police Accident Report (MV 104AN) Report to Employee Benefits Unit (Form E) Supervisor's Report of Injury (Law Dept. Form 201) Typed Letterhead P.G. 216-13 Line Of Duty Injury Or Death - Auxiliary Police Officer Date Effective: 08-19-13 PURPOSE To report and record line of duty injuries and deaths of auxiliary police officers. DEFINITION For the purpose of this procedure, the following definitions will apply: LINE OF DUTY - An incident that occurred while a member was on duty. Auxiliary Police Officers are considered ON DUTY after they "sign-in" on the Auxiliary Police Roll Call (APS #10) until they sign out at the end of their tour. Line of duty designation will NOT be given for any off duty incidents. INVESTIGATING SUPERVISOR a. The lieutenant platoon commander, precinct of occurrence, if available, will act as investigating supervisor. b. A patrol supervisor, precinct of occurrence will act as the investigating supervisor, if the lieutenant platoon commander is unavailable. c. The precinct commanding officer/duty captain will be the investigating supervisor, if the injured auxiliary police officer dies or is likely to die. PROCEDURE Upon being notified or arriving at a location where a member of the Auxiliary Police Program has been injured while on duty: UNIFORMED MEMBER OF THE SERVICE 1. Request patrol supervisor to respond. 2. Notify desk officer of: a. Circumstances of injury. b. Request witnesses to await arrival of supervisor and precinct auxiliary coordinator (if coordinator is on duty). 3. Remain at scene with auxiliary police officer unless: a. Hospitalization or medical attention is required. b. Further police action is necessary. PATROL SUPERVISOR 4. Respond to the scene. 5. Interview the auxiliary police officer. a. If removed to a hospital, obtain the name of the hospital, attendant, and doctor. 6. Have auxiliary police officer prepare, in own handwriting, if possible, two copies of Employee's Notice Of Injury (Law Department Form WCD 23). a. If member is unable to do so, the patrol supervisor will prepare and submit the report to the commanding officer, precinct of occurrence. 7. Request witnesses to await arrival of the investigating supervisor, if necessary. 8. Obtain and safeguard shield, identification card, portable radio and personal property of auxiliary police officer, if hospitalized. 9. Report circumstances to desk officer. 10. Prepare Police Accident Report (MV104AN) if vehicle collision involved. 11. Have an AIDED REPORT WORKSHEET (PD304-152b) prepared if a vehicle is not involved. DESK OFFICER 12. Notify the investigating supervisor as indicated in the above "DEFINITION." 13. Make Command Log entry. 14. Notify Operations Unit and supervisor at Auxiliary Police Section. a. Notify member's command if not assigned to precinct of occurrence. 15. Notify precinct commanding officer or duty captain if member dies or is likely to die. 16. Notify borough commander if member dies. 17. Enter the results of investigation in Command Log, indicating whether injury was sustained in line of duty. INVESTIGATING SUPERVISOR 18. Interview injured auxiliary police officer and investigate circumstances. 19. Notify the Operations Unit promptly, if the member of the service injured requires hospital treatment. a. An additional notification to the Operations Unit is also required before final reports are prepared to update Operations of the status of the injured member of the service. NOTE: This notification is in addition to, and does not preclude the requirement for other notifications to Operations as indicated elsewhere in this procedure. 20. Make initial report to desk officer without delay. 21. Interview witnesses and request them to prepare and sign WITNESS STATE MENT - INJURY TO MEMBER OF THE DEPARTMENT (PD429-065). 22. Prepare report on Typed Letterhead or UNUSUAL OCCURRENCE REPORT (PD370-152) and forward to the precinct commander. AUXILIARY POLICE SECTION 23. If injured auxiliary police officer dies or is likely to die, commanding officer at Auxiliary Police Section will designate a supervisory member of the unit to respond and assist the precinct commanding officer/duty captain. AUX.POLICE COORDINATOR PRECINCT OF OCCURRENCE 24. Ensure that all required reports and forms are forwarded to the Auxiliary Police Section within ten days, including any copies of UNUSUAL OCCURRENCE REPORTS. COMMANDING OFFICER/DUTY CAPTAIN 25. Prepare report on Typed Letterhead or UNUSUAL OCCURRENCE REPORT for line of duty death or serious injury and likely to die and forward as indicated in P.G. 212-09, "Unusual Occurrence Reports" (exclude copy for Police Pension Fund). 26. Forward two copies of the Employee's Notice Of Injury and the WITNESS STATEMENT - INJURY TO MEMBER OF DEPARTMENT, if any, to Commanding Officer, Auxiliary Police Section. ADDITIONAL DATA In line of duty cases where an auxiliary police officer dies or is likely to die, the command auxiliary police coordinator where member is assigned shall maintain liaison with the Patrol Borough Auxiliary Police Section. In the absence of the command coordinator, the precinct commanding officer will designate an alternate uniformed member of the service who will perform this function. RELATED PROCEDURES Aided Cases General Procedure (P.G. 216-01) Department Vehicle Collisions (P.G. 217-06) Unusual Occurrence Reports (P.G. 212-09) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152) UNUSUAL OCCURRENCE REPORT (PD370-152) WITNESS STATEMENT-INJURY TO MEMBER OF THE DEPARTMENT (PD429-065) Auxiliary Police Roll Call (APS #10) Employee's Notice Of Injury Police Accident Report (MV104AN) Typed Letterhead P.G. 216-14 Aided Cases On New York City Transit Trains Date Effective: 08/01/13 PURPOSE To provide procedures for the handling of aided cases occurring on trains. PROCEDURE Upon arriving at the scene of a sick or injured passenger on a train: UNIFORMED MEMBER OF THE SERVICE 1. Ascertain the condition of the aided, e.g., unconscious, pregnant, epileptic, intoxicated, bleeding, etc. 2. Transmit this information, immediately, via the radio dispatcher. 3. Remove aided from train, if feasible, unless it is not advisable to move the aided due to the nature of his or her illness or injury. a. Seek assistance of train crew or passengers, if necessary. NOTE: Where removal from the train is not feasible, due to lack of adequate assistance, the radio dispatcher and the New York City Transit Command Center will coordinate a point along the train route where the train will be moved to and have adequate assistance dispatched to that location. Where removal from the train or movement of the train is not feasible due to the serious condition of the aided, medical and other assistance shall be dispatched to the scene immediately. If it is subsequently determined that the aided can be moved, the aided shall be removed from the train and train service will continue. 4. Keep the radio dispatcher informed of pertinent developments. 5. Avoid unnecessary interruptions of train service. NOTE: Unnecessary interruption of train service can inconvenience thousands of passengers and endanger public welfare. In addition, unnecessary interruptions can increase temperatures significantly in trains and stations, and may cause panic on crowded trains stopped in tunnels. Service will be interrupted only when absolutely necessary. 6. Notify passengers of delay in service and alternate routes, when possible. 7. Prepare AIDED REPORT WORKSHEET (PD304-152b). RADIO DISPATCHER 8. Obtain all relevant information concerning aided. 9. Provide all relevant information to field units responding. 10. Dispatch sufficient personnel and assistance promptly. 11. Notify other city agencies as necessary. 12. Notify Operations Unit for serious incidents. RELATED PROCEDURES Aided Cases General Procedure (P.G. 216-01) Preparation of Aided Report Worksheet (P.G. 216-02) Dead Human Body (P.G. 216-04) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) P.G. 216-15 Notifications Date Effective: 08-19-13 PURPOSE To ensure that relatives or friends are notified, where necessary, in aided and collision cases. PROCEDURE When it is necessary to notify relatives/friends of a deceased, injured or sick person: DESK OFFICER 1. Direct notifications be made by telephone, if possible. NOTE: Make notifications tactfully and in person, if possible, when aided/collision victim is deceased or seriously injured and likely to die. Efforts should be made to have a relative, friend or neighbor present. In cases where a death has occurred or the person is seriously injured and likely to die, the desk officer will ensure that a notification is made in a timely manner and document the time and date of the notification as well as the name of member making the notification under caption "Notification" on the AIDED REPORT WORKSHEET (PD304-152b) or under caption "NOTIFICATIONS" on the Police Accident Report (MV104AN). 2. Have notifications made as follows, if telephone notification not possible: a. Relatives or friends residing within precinct of occurrence, notification will be made by member assigned to precinct. b. Relatives or friends residing outside precinct but within New York City, notification will be made by member assigned to resident precinct. c. Relatives or friends residing outside New York City, make notification through Inter-City Correspondence Unit. If notification cannot be made within a reasonable amount of time, prepare MISSING/ UNIDENTIFIED PERSON REPORT (PD336-151) and comply with pertinent provisions of P.G. 216-03, "Unidentified Persons." d. DO NOT NOTIFY relative or friend of firefighter killed or injured at scene of fire without permission of the fire officer in charge. e. DO NOT NOTIFY relative or friend of an inmate who dies in a Department of Correction Facility UNLESS requested to do so by the Correction supervisor in charge. f. The assigned detective will make notification to relative or friends of a homicide victim. 3. Comply with the following special notification procedures: a. Aided killed/injured on MTA bus - Desk officer will notify NYC Transit. b. Aided killed/injured on scaffold - Desk officer will notify the Department of Buildings. c. Aided killed/injured at construction site - Desk officer will notify the Operations Unit. d. Aided killed/injured on Parks Department property - Desk officer will notify the Operations Unit. e. Aided killed/injured in a factory or store - Desk officer will notify the Operations Unit. NOTE: In all other cases notifications will be made even though other authorities (hospital, etc.) indicate they have already made the notification. COMMAND CLERK 4. Record name, address, telephone number and relationship of person notified and the identity of member of the service making notification under the caption "Notifications" on the AIDED REPORT WORKSHEET (PD304-152b) or Police Accident Report (MV104AN), as appropriate. a. Under "Details" on the rear of the AIDED REPORT WORKSHEET enter the rank and name of fire officer in charge at fire where firefighter was killed or injured or the rank and name of the supervisor in charge of the Department of Corrections facility where an inmate died. b. Indicate which agency will make the notifications, i.e., Police Department, Fire Department or Corrections Department. c. Enter name of detective making notification, if applicable, when an unidentified person is subsequently identified and relatives or friends are notified. 5. Forward a copy of AIDED REPORT WORKSHEET to desk officer, if notification(s) cannot be made prior to entry of information into the On Line Aided System. DESK OFFICER 6. Review and sign AIDED REPORT WORKSHEET and process in accordance with P.G. 216-02, "Preparation of Aided Report Worksheet." 7. Retain duplicate copy of AIDED REPORT WORKSHEET at the desk until notification is made. a. Mark "Supplementary" on face of AIDED REPORT WORKSHEET (1) Record notification on WORKSHEET and have new information entered into On Line Aided System. 8. Enter name of detective making notification on AIDED REPORT WORKSHEET when subject is a homicide victim. RELATED PROCEDURES Aided Cases General Procedure (P.G. 216-01) Preparation of Aided Report Worksheet (P.G. 216-02) Aided Case Unidentified Persons (P.G. 216-03) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) MISSING/UNIDENTIFIED PERSON REPORT (PD336-151) Police Accident Report (MV104AN) P.G. 216-16 Suspicious Death Or Suicide In Department Of Correction Facility Date Effective: 08/01/13 PUPROSE To investigate suspicious deaths or suicides in Correction Department facilities. PROCEDURE When notified by Department of Correction of a suspicious death or suicide in Department of Correction facility: DESK OFFICER 1. Notify: a. Precinct detective squad 1. If detective squad member not available, notify detective borough command concerned. b. Commanding officer/duty captain c. Patrol borough d. Internal Affairs Bureau (obtain log number) e. Operations Unit NOTE: Uniformed member of the service assigned to duty in uniform will NOT respond to Correction facility. 2. Direct preparation of AIDED REPORT WORKSHEET (PD304-152b). a. Include under "Details" name and rank of Department of Correction supervisor present and identity of person making the death pronouncement. 3. Have COMPLAINT REPORT (PD313-152) prepared. a. Include Internal Affairs Bureau log number. 4. Verify that Medical Examiner's office has been notified. a. Enter time of notification, identity of person receiving call and name of Medical Examiner on AIDED REPORT WORKSHEET. b. Make follow-up call if Medical Examiner does not respond within one hour. c. Obtain Medical Examiner case number for entry on AIDED REPORT WORKSHEET. NOTE: Record all calls to the Medical Examiner in the Telephone Record. 5. Notifications WILL NOT be made to relatives or friends of an inmate who dies in a Department of Correction facility, unless requested to do so by Correction Supervisor in charge of facility. a. Indicate on AIDED REPORT WORKSHEET that Department of Correction will make notification, where applicable. 6. Request permission of Medical Examiner prior to moving body. RELATED PROCEDURES Notifications (P.G. 216-15) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT (PD313-152) P.G. 216-17 Involuntary Removals Pursuant To Mental Hygiene Law Section 9.60 Date Effective: 08-19-13 PURPOSE To execute a Court mandated or a Mental Hygiene Law (MHL) Section 9.60, (Kendra's Law) Order and safely remove a mentally ill or emotionally disturbed person to a psychiatric/medical facility DEFINITION ASSISTED OUTPATIENT TREATMENT COORDINATING TEAM (AOT) Groups of two or more licensed mental health clinicians designated by the New York City Department of Mental Health, Mental Retardation and Alcoholism Services. These teams will notify the NYPD Operations Unit by telephone of any pending Kendra's Law Removal Order, fax the Order to the Operations Unit, and then send a clinician(s) to the command concerned to assist in the removal of the subject. Presently, four AOTs exist city-wide; they will provide coverage for all patrol boroughs (see "Additional Data" for locations and telephone/fax numbers.) PROCEDURE When a Mental Hygiene Law (MHL) Section 9.60 (Kendra's Law) Removal Order is received at a Patrol Services/Housing Bureau command: OPERATIONS UNIT PERSONNEL 1. Upon receipt of a Kendra's Law/Court Removal Order from an AOT: a. Review Removal Order for validity (see Appendices "A"& "B"). b. Enter in the Command Log the name of the AOT clinician making notification and the pedigree information of the subject. 2. Notify by telephone and fax a copy of the Removal Order to: a. The appropriate patrol borough command/Housing Bureau Wheel. b. Advise that a removal is to be effected. c. Indicate all information pertinent to the removal, including the clinician's estimated time of arrival. PATROL BOROUGH/ HOUSING BUREAU PERSONNEL 3. Notify the appropriate precinct/police service area (PSA) in the same manner as indicated in step 2. DESK OFFICER 4. Review the Removal Order to determine if it is: a. Court mandated removal of patient to a hospital. (see Appendix "A") b. Properly prepared and signed Kendra's Law Removal Order. (see Appendix "B") NOTE: Comply with P.G. 216-06, "Mental Health Removal Orders", if Removal Order is other than one listed in step four above). Both the Court mandated and Kendra's Law removals will be handled cooperatively by the New York City Sheriffs Department and the NYPD. The Sheriffs Department will effect all removals between 0900 and 2100 hours, Monday through Thursday and between 0900 and 1700 hours on Fridays, excluding holidays. The NYPD will effect removals at all other times. However, if the Sheriff's Department personnel respond to execute a Kendra's Law removal order and find the subject to be non-cooperative or violent, they will request NYPD assistance. NYPD personnel will take charge at the scene and comply with P.G. 216-05, " Mentally Ill or Emotionally Disturbed Persons." DESK OFFICER 5. Enter the following information in the Command Log a. Type of Removal Order b. Subject's name, race, age, gender, and address c. Rank, name, shield and tax registry numbers of uniformed members of the service assigned to execute the Order d. Name of assigned clinician (when determined). 6. Request Communications Section to assign patrol supervisor, RMP unit and Emergency Service Unit to execute the Order. 7. Direct RMP unit to respond to the command/PSA and transport clinician to the scene, if necessary. NOTE: Await arrival of assigned clinician before executing removal. If the clinician does not contact the command/PSA or respond within one hour, notify both the borough command and the Operations Unit at (212) 374-5580. PATROL SUPERVISOR 8. Respond to the scene and assume command. 9. Request presence of Emergency Medical Service (EMS) if the subject of the removal order is present. NOTE: If the subject is not present, consider whether a search of the immediate area would be fruitful. When unable to locate subject, have precinct records and Department computerized databases checked to determine if subject has had any interaction with the police (arrested, aided, involved in an collision, etc.) Have precinct detective squad notified for the preparation of an INVESTIGATION CARD (PD373-161) (see "ADDITIONAL DATA"). Consult with assigned clinician to determine when clinician will return to make additional attempts to execute the removal order. If it is believed that the subject may frequent the transit system, have the appropriate Transit Bureau district, as well as the Transit Bureau Homeless Outreach Unit ([212] 791-2068/69/70/75) notified. Notify desk officer of actions taken and results. PATROL SUPERVISOR 10. Permit AOT clinician to interview subject to gain cooperation. 11. Determine if services of Emergency Service Unit and commanding officer/duty captain are necessary. a. Cancel Emergency Service Unit, if not required. NOTE: If subject of the removal order will not cooperate, request response of commanding officer/duty captain and comply with provision of P.G. 216-05, "Mentally Ill or Emotionally Disturbed Persons." PATROL SUPERVISOR 12. Assign uniformed member of the service to accompany the subject in the ambulance to the psychiatric emergency room of the hospital named on the Removal Order. NOTE: If no specific hospital is cited in the Removal Order, then the subject will be brought to the closest psychiatric emergency room designated under Section 9.39 of the Mental Hygiene Law (see ADDITIONAL DATA). However, the EMS personnel performing the transport have the authority to bring the subject to a closer or different hospital than that cited if the subject becomes violent, or if they believe the subject's condition requires it. UNIFORMED MEMBER OF THE SERVICE 13. Remain with the subject throughout medical triage and until examined by hospital psychiatrist. NOTE: Comply with P.G. 216-07, "Firearms Safety Stations at Psychiatric Wards and Admitting Areas" upon arrival at the psychiatric emergency room of the hospital. 14. Notify desk officer upon completion of removal. 15. Enter details of transport in ACTIVITY LOG (PD112-145). 16. Prepare AIDED REPORT WORKSHEET (PD304-152). a. Enter "MHL Section 9.60 (Kendra's Law) Removal" and name of assigned clinician under "Details" section. 17. Deliver completed AIDED REPORT WORKSHEET to desk officer. DESK OFFICER 18. Enter completion time and aided number in margin opposite original Command Log entry of incident. 19. Notify patrol borough command/Housing Bureau Wheel and Operations Unit of disposition. OPERATIONS UNIT PERSONNEL 20. Notify the appropriate AOT of case disposition. ADDITIONAL DATA HOSPITAL TRANSPORTS If the patient is initially treated in a hospital other than the one cited in the Removal Order and later released, he or she must still be transported to the hospital named in the Order. When the assigned member is informed by hospital staff that the patient is ready to be transported, he/she will notify the desk officer concerned. The desk officer will then request that an EMS ambulance be dispatched to the hospital where the patient is located for a "Kendra's Law" transfer. EMS will transport the patient and the assigned member to the hospital named on the Removal Order. However, if the patient is admitted to the initial hospital, even though it is not the hospital named in the Order, NYPD personnel will no longer be required to accompany the patient. The assigned member will notify the desk officer of the circumstances, and that the patient has been admitted. The borough command and Operations will be notified in turn, as noted above. Operations will notify the appropriate AOT Team of the circumstances, and the AOT Team will seek to have the Removal Order vacated. Sheriff's Department or NYPD personnel may be required to return at a later time to assist in the transport of the subject to another hospital. INVESTIGATION CARD When a precinct detective squad is notified to prepare an INVESTIGATION CARD because the subject of a Kendra's Law Removal Order was not found, the member preparing the CARD will enter the following under the "Crime/Charge" caption: "Subject of Kendra's Law Order." Under caption "Additional Informational/Characteristics Peculiarities," enter the following: "To be removed to hospital for psychiatric examination. Contact Operations Unit for further information." MENTAL HEALTH LAW SECTION 9.39, DESIGNATED HOSPITALS BRONX BROOKLYN QUEENS MANHATTAN Bronx Lebanon Jacobi Lincoln Montefiore North Central Bronx Our Lady of Mercy St. Barnabas Brookdale Coney Island Interfaith Kings County Kingsbrook Jewish Long Island College Lutheran Maimonides Woodhull Elmhurst Holliswood Jamaica Long Island Jewish Queens Hospital Center Hospital Network St. John's Bellevue Beth Israel Cabrini Harlem Metropolitan Mt. Sinai N.Y. Hospital/ Cornell North General Columbia Presbyterian St. Lukes Roosevelt St. Vincent's STATEN ISLAND Bayley Seton North Richmond Staten Island University St. Vincent's LOCATIONS, TELEPHONE/FAX NUMBERS OF AOT TEAMS AOT TEAMS Bellevue Hospital (Manhattan) North Central Bronx Hospital (Bronx) Woodhull Hospital (Brooklyn and Staten Island) Elmhurst Hospital (Queens) TELEPHONE/FAX Tel.:(212) 562-4073 Fax:(212) 562-4556 Tel.:(718) 519-2475 Fax:(718) 519-4877 Tel.:(718) 963-5744 Fax:(718) 630-3159 Tel.:(718) 334-3547 Fax:(718) 334-1041 RELATED PROCEDURES Aided Cases-General Procedure (P.G. 216-01) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Mental Health Removal Order (P.G. 216-06) Hostage/Barricaded Person(s) (P.G. 212-38) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152) INVESTIGATION CARD (PD373-161) APPENDIX "A" (Sample of court mandated removal of subject to a hospital.) (Note: only the first of several pages listed here.) At a ______Part of the Court of the State of New York, Located at ________________________, New York on the _____day of__________________ PRESENT: HON. Judge/Justice -------------------------------------x In the Matter of the Application of_______________________ _____________________, Director of Community Services for the (Country) (City) of ________________________________ Petitioner, For an order Authorizing Assisted Outpatient Treatment -for- ORDER AUTHORIZING AND DIRECTING EXAMINATION OF THE RESPONDENT PURSUANT TO MHL Section 9.60(h)(3) _______________________, Respondent --------------------------------------------------------x Upon reading and filing the order to show cause made by Hon.___________ _____________, Judge/Justice of the___________________Court, dated_______, the petition of___________________, Director of Community Services for the (Country) (City) of ______________,verified on ______________________, the affirmation of________________________________,M.D., dated_______________, the affidavit of (Insert name of petitioner)____________________, sworn on _______________, and (Describe other papers in support of the motion)_____ __________________________________,in support of the motion, and (Describe papers in opposition to motion, if any)___________________________________ _________________________________, and after hearing ____________________ -------------------------------------------------------------------------APPENDIX "B" Sample of Kendra's Law Removal Order (Section 9.60, Mental Hygiene Law) ASSISTED OUTPATIENT TREATMENT PROGRAM AUTHORIZATION OF TRANSPORT (Section 9.60, Mental Hygiene Law) RE: PATIENT'S NAME___________________________ SEX_________DATE OF BIRTH________________ ADDRESS_________________________________ I,______________________________, am Director of Psychiatry at____________ Hospital and the designee of Dr. Neal L. Cohen, Director of Community Services of the City of New York to exercise the powers vested in the Director of Community Services by Section 9.60(n) of the Medical Hygiene Law to transport patient to such section. I have been notified by_____________________, that, in his or her clinical (examining physician) judgment,_______________________________has failed or has refuse to comply (name of patient) with assisted outpatient treatment ordered by the court, and that efforts were made to solicit compliance, and that this person may be in need of involuntary admission to a hospital pursuant to Section 9.27 of the Mental Hygiene Law, or immediate observation, care and treatment pursuant to Section 9.39 or 9.40 of the Mental Hygiene Law. The examining physician has requested that I direct the removal of _______________________________ to _______________________________________ (name of patient) (name of receiving hospital) for an examination to determine if he/she has a mental illness for which hospitalization is necessary pursuant to Section 9.27, 9.39 or 9.40 of the Mental Hygiene Law. Based on such request, I herby direct, pursuant to Section 9.60(n) of the Mental Hygiene Law, that peace/police/sheriff's office take into custody and transport this person to ____________________. (name of hospital) __________________________________________ (Signature) Date ____________________ Time ____________________ P.G. 216-18 Child Window Fall Report Date Effective: 08/01/13 PURPOSE To notify the Department of Health within twenty-four hours when a child less than seventeen years of age falls from the window of any building, regardless of whether injury or death results. DEFINITION BUILDING - Structures as indicated on the Child Window Fall Report caption, "Type Of Building." PROCEDURE When responding to an incident involving a child falling from a window: UNIFORMED MEMBER OF THE SERVICE 1. Follow P.G. 216-01, "Aided Cases - General Procedure." 2. Prepare Department of Health form, Child Window Fall Report. a. Immediately fax copy of Report to the Department of Health at (212) 442-2629 or (212) 676-1608. b. Mail original copy of Report to the Department of Health. NOTE: To maintain confidentiality, the self-addressed, postage paid Child Window Fall Report should be folded and taped before mailing. Commands and Police Service Areas can obtain copies of the Child Window Fall Report directly from the Department of Health by calling (212) 676-2162. 3. Prepare AIDED REPORT WORKSHEET (PD 304-152b). a. Indicate in "Details" section that Child Window Fall Report was prepared, faxed and mailed to the Department of Health. ADDITIONAL DATA Public inquires regarding the Window Fall Prevention Program may be referred to the Department of Health at (212) 676-2162 or (212) 676-2158 (24-hour number). RELATED PROCEDURES Aided Cases - General Procedure (P.G. 216-01) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) Child Window Fall Report P.G. 216-19 Public Access Defibrillation Program Date Effective: 08/01/13 PURPOSE To account for and properly document the use of Automated External Defibrillators (AEDs) in assigned commands, and to provide for the training and certification of uniformed, civilian and auxiliary members of the service in their use. DEFINITIONS AUTOMATED EXTERNAL DEFIBRILLATOR (AED) - An electronic device that is used to defibrillate the heart by applying an electric shock to it. UTILIZATION OF AED - Once an AED is placed on an aided, the Department considers that as utilized, even if a shock is not administered. When the AED pads are placed on an aided the machine will perform an analysis and advise what actions should be taken. CARDIO PULMONARY RESUSCITATION (CPR) ADMINISTERED - The Department considers that CPR has been administered once a member of the service performs rapid chest compressions or mouth - to - mouth ventilation on an aided. PROCEDURE In all commands assigned Automated External Defibrillators (AED): DESK OFFICER 1. Account for all AED kits assigned to command at the beginning of each tour. 2. Assign an AED at the start of each tour to a member of the service trained and certified by the Department, as AED qualified. 3. Notify radio dispatcher of the unit(s) that have been assigned an AED kit. 4. Make a Command Log entry accounting for all AED kits and the notification to radio dispatcher. a. Note that assignment of AED kits by their serial numbers, with the prefix "AED" (e.g., AED 1234). 5. Ensure assignment of AED kits are noted on the roll call. 6. Secure AED kits that are not in use, in an appropriate location (e.g., radio room, property room). MEMBER OF THE SERVICE CERTIFIED TO UTILIZE AED/ ADMINISTER CPR 7. Inspect the AED kit to ensure that it contains the following items: a. Operational AED - one device b. Electrode pads with wire leads - two sealed packages, each containing two pads c. Pocket mask d. Gloves e. Cloth/gauze compress f. Razor. 8. Notify desk officer of any deficiencies/missing equipment and make appropriate ACTIVITY LOG (PD112-145) entries. UPON ARRIVING AT THE SCENE OF A CARDIAC AIDED CASE 9. Advise radio dispatcher of aided's condition and request response of Emergency Medical Service (EMS) to the scene. 10. Utilize the AED device in compliance with Department guidelines/training. a. The AED will only be attached to an unconscious adult patient after it has been confirmed that the patient is not breathing and does not have a pulse. b. Provide care until relieved by advance level emergency medical personnel. 11. Brief responding EMS crew or other advanced level emergency medical personnel of the following: a. Condition of the patient when found b. Nature of care provided, (i.e., rescue breathing, CPR, defibrillation, etc.). 12. Prepare AIDED REPORT WORKSHEET (PD304-152b). a. Note in "Details" section of AIDED REPORT WORKSHEET if the AED was utilized, or CPR administered and results achieved. (1) If AED utilized, include serial number. b. If CPR was administered, check the appropriate caption on the AIDED REPORT WORKSHEET. 13. Deliver AIDED REPORT WORKSHEET immediately to the desk officer after returning to the command. DESK OFFICER 14. After member of the service returns to the command telephone the ESU desk to obtain an AED/CPR log number and print this number in the upper right hand corner of the AIDED REPORT WORKSHEET. a. Forward a copy of the completed AIDED REPORT WORKSHEET to the ESU-AED Coordinator via fax, and via Department mail to the Emergency Service Unit, Attention: EMT School b. Ensure AED is secured until delivery, and not reassigned. 15. Schedule an appointment and ensure the AED is delivered to the ESU- AED Coordinator, for downloading of information after each use. ESU-AED COORDINATOR 16. Download information from the data card or AED, as appropriate, and submit to the Supervising Chief Surgeon or designee. a. Check AED for operability/serviceability (battery charge, etc.). 17. Fax copy of the AIDED REPORT WORKSHEET to the Office of the Supervising Chief Surgeon. 18. Maintain: a. Permanent file of data collected from the AED Program b. List of AED kits by serial number c. Supply of AED pads and batteries for replacement when needed by commands. SUPERVISING CHIEF SURGEON/DESIGNEE 19. Review the data received from the Emergency Service Unit. COMMANDING OFFICER 20. Designate the command's training sergeant as the AED liaison for the command. 21. Ensure all members of the service assigned to use AEDs attend a one day AED training course at the Police Academy. COMMAND TRAINING SERGEANT 22. Act as command's liaison with ESU-AED coordinator and the Police Academy. a. Resolve issues with the AED program b. Schedule members of the service, through the Chief of Patrol's Resource Management Section, or Bureau Training Coordinator to attend the one day training session at the Police Academy. ADDITIONAL DATA In the event of loss or theft of an AED kit or its contents (except cloth/gauze compress and plastic gloves) comply with Patrol Guide 219-20, "Loss or Theft of Department Property." Replacement of AED supplies, i.e. batteries, pads, etc., defective AED equipment, and other issues related to this program, may be referred to the ESU-AED coordinator. If any command wishes to purchase or accept a donation of an AED, that command must contact the ESU-AED coordinator, for inventory control and guidance as to which equipment has been approved by the Department. Training issues relating to this Program may be referred to the Police Academy. RELATED PROCEDURES Departmental Recognition (P.G. 205-39) Aided Cases - General Procedure (P.G. 216-01) Loss or Theft of Department Property (P.G. 219-20) Gifts Offered to the Police Department (A.G. 325-33) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) ACTIVITY LOG (PD112-145) P.G. 216-20 Handling Shelter Clients With Tuberculosis Date Effective: 08/01/13 PURPOSE To assist the Department of Health and Mental Hygiene in the removal of recalcitrant patients sheltered in Human Resources Administration facilities, who have tuberculosis and are refusing treatment. PROCEDURE When the Department of Health and Mental Hygiene notifies the Operations Unit that a removal and detention order has been issued: OPERATIONS UNIT PERSONNEL 1. Upon notification by the Department of Health and Mental Hygiene (DOHMH) that a removal and detention order has been issued. a. Ascertain location of removal. b. Enter in the Command Log the name of the DOHMH personnel making notification and the pedigree information of the subject. 2. Notify Communications Section to assign a patrol supervisor, an RMP unit and Emergency Service Unit to respond. PATROL SUPERVISOR 3. Respond to scene and assess the situation. 4. Determine if services of Emergency Service Unit are necessary. a. Cancel Emergency Service Unit if not required. 5. Confirm that the Removal and Detention Order is possessed by the DOHMH physician/peace officer at the shelter site. 6. Assign uniformed member of the service to accompany the subject and DOHMH physician/peace officer in the transportation vehicle provided by DOHMH to the pre-designated hospital. NOTE: The primary responsibility of the Department, during these removals is to assist in the arrest and preserve the peace. If the patient resists, physical force may be used, but only to the extent necessary to restrain the subject until delivery to the hospital. Members of the service assigned are not to personally assist in forcing entry to the premises, securing it afterwards, or safeguarding property thereat. Those duties, if necessary, will be performed by other agencies at the direction of the Department of Health and Mental Hygiene (DOHMH) physician/peace officer. In the event that the Human Resources Administration is unable to provide a vehicle, an ambulance will be requested through Communications. Except in extreme cases, Department vehicles will not be utilized for transportation purposes. Responding members of the service will take appropriate precautions, including the wearing of plastic gloves and facial masks. Facial masks will be provided at the shelter site by the Department of Health and Mental Hygiene. Due to the medical conditions of the patient and the Department's responsibility to minimize exposure of the patient to others, it is imperative that they be transported only to the designated Health and Hospitals Corporation facility. This includes those situations where the subject to be removed engages in conduct where an arrest is effected for other than refusal to comply with the DOHMH physician/peace officer's order. In these cases, the arrest will be made by members of this Department and P.G. 210-02 "Hospitalized Prisoners," will be followed. UNIFORMED MEMBER OF THE SERVICE 7. Accompany patient along with a DOHMH physician/peace officer to predesignated hospital. 8. Enter details of removal and transport in ACTIVITY LOG (PD112-145). 9. Ensure that the name of the DOHMH physician/peace officer, and the patient removed, are recorded in ACTIVITY LOG and on any other Department forms prepared. 10. Comply with the pertinent provisions of P.G. 205-10, "Exposure of Members of the Service to Infectious Diseases or Hazardous Materials." ADDITIONAL DATA If the patient exhibits behavior where it is likely that the patient or others may be seriously injured or the patient barricades himself in the premises and refuses to comply, members of the service at the scene will comply with the provisions of P.G. 216-05, "Mentally Ill or Emotionally Disturbed Persons" and P.G. 212-38, "Hostage/ Barricaded Person(s)," as appropriate. RELATED PROCEDURES Exposure of Members of the Service to Infectious Diseases or Hazardous Materials (P.G. 205-10) Hospitalized Prisoners (P.G. 210-02) Hostage/Barricaded Person(s) (P.G. 212-38) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) FORMS AND REPORTS ACTIVITY LOG (PD112-145) 1200-M P.G. 216-21 Response To Carbon Monoxide Alarms Date Effective: 08/01/13 DEFINITIONS CARBON MONOXIDE - a colorless and odorless gas that interferes with the delivery of oxygen to the cells of the body. The signs and symptoms of carbon monoxide poisoning are headache, nausea, vomiting, confusion and disorientation. In severe cases cherry red skin can be present. Carbon monoxide is created by incomplete combustion of burning fuels, such as gasoline, oil, wood and paper. PROCEDURE When responding to a report of a residential carbon monoxide alarm: UNIFORMED MEMBER OF THE SERVICE 1. Promptly respond to location and attempt to identify what type of alarm has been transmitted (e.g. residential, central station monitored, EMS call). 2. Interview any person(s) that may have information regarding location of the alarm. 3. Refrain from entering location. 4. Request the response of Patrol Supervisor, if alarm confirmed. 5. Establish frozen area. 6. Render reasonable aid to victims, if present. 7. Request Emergency Medical Service to respond if necessary. 8. Observe affected individuals for signs and symptoms of carbon monoxide poisoning and direct them to EMS for treatment. PATROL SUPERVISOR 9. Respond to location. 10. Evaluate situation upon arrival. 11. Maintain frozen area and extend if necessary, until hazard is removed. NOTE: Patrol Supervisors should be guided by Patrol Guide 212-37, "Hazardous Materials," when responding to a carbon monoxide alarm and setting up frozen areas. 12. Establish Crime Scene, if necessary. 13. Request response of ESU personnel. 14. Prevent all non-ESU police personnel from entering location. 15. Notify Duty Captain and precinct Desk Officer. 16. Direct Communications to notify Department of Buildings if location is City owned. EMERGENCY SERVICE UNIT MEMBER 17. Respond to location and determine whether carbon monoxide gases are present. 18. Advise patrol supervisor on appropriate frozen area boundaries, as necessary. 19. Determine whether location is safe for re-entry. UNIFORMED MEMBER OF THE SERVICE 20. Remain outside location until ESU deems location habitable. 21. Assist EMS with removal of aided(s) if location is properly vented and ESU personnel advise the location is safe to enter. 22. Comply with P.G. 216-01, "Aided Cases General Procedure." PATROL SUPERVISOR 23. Direct preparation of AIDED REPORT WORKSHEETS (PD304-152b) and a COMPLAINT REPORT WORKSHEET (PD313-152A), if appropriate. 24. Confer with ESU personnel to determine if location is safe for occupants to re-enter prior to allowing re-entry. 25. Comply with pertinent provisions of Patrol Guide 212-37, "Hazardous Materials," if it is determined that a continuing carbon monoxide threat exists. RELATED PROCEDURES Hazardous Materials (P.G. 212-37) Aided Cases General Procedure (P.G. 216-01) FORMS AND REPORTS AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 216-22 Mobile Crisis Outreach Teams And Assertive Community Treatment Teams Date Effective: 08/01/13 PURPOSE To safeguard and remove mentally ill or emotionally disturbed persons at the direction of Mobile Crisis Outreach or Assertive Community Treatment Teams pursuant to Sections 9.37 and 9.58 of the New York State Mental Hygiene Law. DEFINITIONS MOBILE CRISIS OUTREACH TEAMS - These teams are independently operated by local hospitals or community-based mental health organizations, are usually funded by the Department of Health and Mental Hygiene, and may sometimes be attached to New York State licensed "comprehensive emergency programs." Their goal is to assess, stabilize and rapidly refer patients to longer-term providers. ASSERTIVE COMMUNITY TREATMENT TEAMS (ACT)- Similar to Mobile Crisis Outreach Teams, but are "hospitals on wheels," more richly staffed by mental health workers and charged with providing a wide range of ongoing services. ACT teams sometimes need to order involuntary transport of their patients to hospital emergency rooms. They receive contract funding from the Department of Health and Mental Hygiene and are licensed by the New York State Office of Mental Health. QUALIFIED MENTAL HEALTH PROFESSIONAL (QMHP) - are members of a Mobile Crisis Outreach or Assertive Community Treatment Team who are licensed psychologists, certified social workers or registered professional nurses. PROCEDURE When directed to assist, on scene, designated physicians or qualified mental health professionals assigned to Mobile Crisis Outreach Teams or Assertive Community Treatment Teams, uniformed members of the service will: UNIFORMED MEMBER OF THE SERVICE 1. Comply with provisions of Patrol Guide 216-05, "Mentally Ill or Emotionally Disturbed Persons." 2. Examine the Department of Health and Mental Hygiene photo identification card of the physician or qualified mental health professional on scene. a. Record pertinent information in ACTIVITY LOG (PD112-145), including the identity of the physician or qualified mental health professional ordering the removal, and the length of time the aided was in police custody. 3. Prepare AIDED REPORT WORKSHEET (PD304-152b). a. Attach Form OMH 475 (Application for Involuntary Admission on Certificate of a Director of Community Services or Designee) OR Form OMH 482 (Mobile Crisis Outreach Team Authorization for Transport) to the AIDED REPORT WORKSHEET. ADDITIONAL DATA Designated physicians authorizing a removal must prepare Form OMH 475 (Application for Involuntary Admission on Certificate of a Director of Community Services or Designee) prior to directing the involuntary transport of an individual. Other qualified mental health professionals assigned to Mobile Crisis Outreach Teams / Assertive Community Treatment Teams must prepare Form OMH 482 (Mobile Crisis Outreach Team Authorization for Transport) prior to directing the involuntary transport of an individual. In either case, a copy of the required form must be provided to responding officers for attachment to the AIDED REPORT WORKSHEET. A uniformed member of the service will assist in the transportation of the patient to the hospital and ride in the body of the ambulance with the patient. A uniformed member will remain with the patient until he/she is examined and is either released or admitted at the psychiatric emergency room. Mobile Crisis Outreach or Assertive Community Treatment Teams ordering the removal of a mentally ill person will safeguard all personal property (other than contraband) removed from the patient. RELATED PROCEDURES Unusual Occurrence Reports (P.G. 212-09) Hostage/Barricaded Person(s) (P.G. 212-38) Aided Cases - General Procedure (P.G. 216-01) Mentally Ill or Emotionally Disturbed Persons (P.G. 216-05) Mental Health Removal Orders (P.G. 216-06) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) NON-LETHAL RESTRAINING DEVICE/RESCUE EQUIPMENT REPORT (PD 320-152) Form OMH 475 (Application for Involuntary Admission on Certificate of a Director of Community Services or Designee) Form OMH 482 (Mobile Crisis Outreach Team Authorization for Transport) Vehicle Accidents P.G. 217-01 Vehicle Collisions - General Procedure Date Effective: 09-04-13 PURPOSE To record and determine the cause of each vehicle collision and take or recommend corrective action. DEFINITIONS VEHICLE COLLISION - A collision which occurs on a public highway, a street between building lines, or private property and involves a vehicle, including a parked vehicle, attended or unattended. VEHICLE - Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. QUALIFYING VEHICLE - for the purposes of this procedure is: a. Any commercial truck having a Gross Weight Rating or Gross Combined Weight Rating more than 10,000 pounds b. Any vehicle displaying a hazardous materials placard c. A bus designed to carry nine or more persons, including the driver. BICYCLE - Every two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels an tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by pre-teenage children. PROCEDURE Upon notification or observation of a vehicle collision: UNIFORMED MEMBER OF THE SERVICE 1. Park radio motor patrol car behind vehicles involved, so that traffic will not be impeded. 2. Ascertain if there are any injuries and request ambulance if needed. a. Place IDENTIFICATION TAG (PD317-091) on aided if unconscious and removed to hospital. 3. Divert traffic, if necessary. a. Use traffic cones, turret lights and danger signs, whenever available. b. Place the first cone at least two hundred feet from the collision on high- speed highways, bridges, etc. 4. Obtain the driver's license, vehicle registration, and insurance identification card. a. Record required information and return credentials to driver(s). 5. Have vehicles removed from roadway as soon as practical. 6. Determine the cause of the collision by inquiry and observation. 7. Survey the scene carefully and be alert for common insurance fraud indicators. 8. Take summary action, if necessary. a. If a moving violation summons is issued and the collision from which the violation arose resulted in the death or serious physical injury of someone other than the violator, the summonsing officer must write "D" for death or "SPI" for serious physical injury in the "Description/Narrative" section of the summons. 9. Prepare top portion of COLLISION INFORMATION EXCHANGE/ ACKNOWLEDGEMENT OF FOUND PROPERTY (PD301-092), enter address of command of occurrence and give to operators. a. Advise operator, if incapacitated, that another participant in the collision, or the owner of the vehicle, must complete the bottom portion of the COLLISION INFORMATION EXCHANGE/ ACKNOWLEDGEMENT OF FOUND PROPERTY form. b. Complete the bottom portion of the COLLISION INFORMATION EXCHANGE/ACKNOWLEDGEMENT OF FOUND PROPERTY, if the owner of the vehicle or no other participant in the collision is available. 10. Prepare Police Accident Report (MV104AN). 11. Complete all relevant captions legibly, with particular attention to the following: a. Account for all passengers in the vehicle taking care to note their seating position, name and injury (if any). (1) If injury is involved, include statement on Police Accident Report as to whether the airbag inflated and deployed. b. Attempt to identify passengers through documentation (photo identification if possible). If unable to do so note on Police Accident Report. c. Enter passenger information in the "All Involved" section of the Police Accident Report, boxes "A through F." d. Draw a straight line through every unused box of this section and initial it. e. Repeat the same process as above on the reverse side of the Police Accident Report, in the "Persons Killed Or Injured In Accident" section, boxes "A through E." f. Enter information concerning operator of bicycle involved in section captioned "Vehicle 2", if applicable. (1) Enter the name and address of the bicycle rental company in the applicable registration information captions, if a rental bicycle is involved. 12. Obtain the vehicle identification numbers (VIN) from the dashboard and door of each vehicle involved in the collision. a. Ensure that they match. b. List VIN in the "Accident Description/Officer's Notes" caption of the Police Accident Report. 13. Inspect vehicles/bicycles involved in the collision and indicate the type of vehicle/bicycle in the "Vehicle Type" caption on the Police Accident Report (see "ADDITIONAL DATA"). 14. Obtain pedicab information, if involved in a collision. a. Enter pedicab Department of Consumer Affairs License number in "Driver License ID Number" caption on Police Accident Report. b. Enter pedicab registration number in "Plate Number" caption on Police Accident Report. 15. Prepare Truck and Bus Supplemental Police Accident Report (MV104S) if at least one vehicle involved is a qualifying vehicle and the collision resulted in one of the following "conditions of severity" for any person or any vehicle involved: a. At least one person sustained fatal injuries b. At least one person was transported for immediate medical treatment c. At least one vehicle was towed/transported from the scene (other than for a flat tire). NOTE: If a collision involved a qualifying vehicle and a "condition of severity," as described above, a MV104S must be prepared for each qualifying vehicle and attached to the corresponding Police Accident Report. 16. Check appropriate "Duplicate Copy Required For" captions on rear of Police Accident Report and, in addition, check box captioned "Other City Agency," if necessary, and enter: a. DEPARTMENT OF CONSUMER AFFAIRS - if tow truck or pedicab licensed by Department of Consumer Affairs is involved in collision. b. NEW YORK CITY DEPARTMENT OF TRANSPORTATION - if collision involved a collision with a "crash cushion" or "highway impact attenuator." c. DEPARTMENT OF PARKS - Person killed or injured on roadway under jurisdiction of Department of Parks, or motor vehicle collision resulting in damage to a tree on park land, city street, or on any other public property owned by the City of New York. d. MISSING PERSONS SQUAD (MEDICAL EXAMINER'S LIAISON UNIT) - person killed in collision. e. HIGHWAY DISTRICT (COLLISION INVESTIGATION SQUAD) - person killed in collision. NOTE: Subdivision "d" and "e" above will also be followed when a supplementary Police Accident Report is prepared indicating that a death has resulted at a later date after the original report has been forwarded. f. NEW YORK CITY FIRE DEPARTMENT, ACTIONS AND CLAIMS UNIT - if collision involves any of the following: (1) Fire Department vehicles (2) Health and Hospitals Corporation ambulance (staffed by FDNY Emergency Medical Service personnel) (3) Fire hydrants (4) Fire alarm boxes g. DEPARTMENT OF EDUCATION, OFFICE OF PUPIL TRANSPORTATION - vehicle collision involving a school bus. h. NYC TAXI AND LIMOUSINE COMMISSION - if taxi or for hire vehicle (livery/limousine) is licensed by the NYC Taxi and Limousine Commission. i. NYC OFFICE OF COMPTROLLER - all collisions where New York City personnel or City property is involved. 17. Inform person(s) involved in a collision that a copy of Police Accident Report may be obtained at precinct of occurrence: a. In person, within thirty days of the collision, along with a ten dollar fee (check or money order only) for each request. A current, valid form of picture identification (driver's license, passport, etc.) is required. b. By mail request, when received within thirty days of collision, with a ten dollar check or money order and a self-addressed stamped envelope. NOTE: Any mail request not accompanied by a photocopy of a current, valid form of picture identification, i.e., driver's license, passport, etc. will be returned. 18. Sign and deliver the Police Accident Reports to the desk officer, precinct of occurrence. a. Members assigned to outside commands will deliver the prepared Police Accident Report to the desk officer, precinct of occurrence. 19. Make complete ACTIVITY LOG (PD112-145) entry. COMMAND CLERK 20. Make required entries in the Automated Accident Index utilizing FINEST or Local Area Network (LAN) terminals for Police Accident Reports prepared during the tour. DESK OFFICER 21. Review all Police Accident Reports for collisions occurring in the command and ensure that required entries are made in the Automated Accident Index on each tour. NOTE: The desk officer WILL NOT accept Police Accident Reports for collisions occurring in another command. 22. Forward Police Accident Reports to precinct traffic safety officer. TRAFFIC SAFETY OFFICER 23. Review all Police Accident Reports. a. In absence of traffic safety officer, a uniformed member of the service authorized by the commanding officer, will review Police Accident Reports. 24. Forward reviewed Police Accident Reports to training sergeant for signature. a. Inform training sergeant of any deficiencies. TRAINING SERGEANT 25. Sign all Police Accident Reports and return them to traffic safety officer. a. Ensure any deficiencies on Police Accident Reports are addressed accordingly. TRAFFIC SAFETY OFFICER 26. Send copies of Police Accident Reports marked "Duplicate Copies For" to appropriate agency in an addressed white envelope and forward envelope via Mail and Distribution Unit. 27. Duplicate and forward collision reports, on a daily basis, to the Highway Unit concerned for collision occurring on limited access highways. 28. Fax copy of all Police Accident Reports involving a "crossover" collision to the Corporation Counsel and the Highway District. 29. Provide to the desk officer for review a daily recapitulation of all collision numbers generated for a given command. 30. Photocopy all completed Police Accident Reports. 31. Maintain a file of completed photocopied Police Accident Reports: a. By the month in which the collision occurs b. For a minimum of one year. c. In a secure locked cabinet. 32. Place an entire month of original Police Accident Reports for collisions not involving a fatality and not requiring the preparation of a Truck and Bus Supplemental Police Accident Report in an envelope addressed to the New York State Department of Motor Vehicles, Accident Records Bureau and forward envelope via Mail and Distribution Unit. 33. Place an entire month of original Police Accident Reports for collisions involving a fatality or collisions requiring the preparation of a Truck and Bus Supplemental Police Accident Report in an envelope addressed to the New York State Department of Motor Vehicles, Accident Records Bureau and forward envelope to the Mail and Distribution Unit. MAIL AND DISTRIBUTION UNIT MEMBER 34. Forward original Police Accident Reports received to the New York State Department of Motor Vehicles thirty to sixty days from the collision. Accordingly, all collisions occurring in the month of January will be forwarded March 1st, all collisions occurring in the month of February will be forwarded April 1st, etc. ADDITIONAL DATA If collision involves an arrest for Driving While Intoxicated/Impaired, a copy of the Police Accident Report will be attached to court papers and delivered by the arresting officer to the assistant district attorney in the complaint room. Prepare Police Accident Report in any vehicle collision case when the City is involved or an animal (horse, dog, domestic cattle, etc.) is killed or injured. A personal injury bicycle collision, not involving a motor vehicle, is reported on an Police Accident Report, as per P.G. 217-17, "Bicycle Collisions - General Procedure." Members of the service will indicate the type of vehicle/bicycle involved in the collision and enter the appropriate information in the "Vehicle Type" caption on the Police Accident Report: (a) SEDN - Passenger vehicle (b) SUBN - Sport utility vehicle/ station wagon (c) Van - Van (d) PICK - Pick-up truck (e) SCOM - Small commercial vehicle (four tires) (e.g., box truck, etc.) (f) LCOM - Large commercial vehicle (six or more tires)(e.g.,semi, tractortrailer, etc.) (g) TAXI - Taxi vehicle (h) LIV - Livery vehicle (i) BUS- Bus (j) AMBU - Ambulance (k) Fire - Firetruck (l) MCY - Motorcycle (m) SCOOT - Scooter (n) BIKE - Bicycle (o) PCAB - Pedicab (p) UNK - Unknown (q) OTH - Other Pending arrival of an ambulance, the uniformed member should allow a sick/injured person to be treated by a doctor, emergency medical technician or paramedic, if person volunteers his/her services, AND the uniformed member reasonably believes the volunteer is a professional. The medical attention should take place, if possible, under the observation of the member concerned. When the emergency situation is under control, request identification from volunteer, including name and address, and record information in ACTIVITY LOG (PD112-145) and under "Details" in Police Accident Report. The volunteer's role is limited to providing medical assistance ONLY. Determination regarding removal procedures via ambulance, Medevac, etc., will be determined by Emergency Medical Service personnel. A REQUEST FOR COPY OF COLLISION RECORD (PD301-165) will be given to concerned person upon request at any precinct stationhouse or at the Public Inquiry and Request Section. The following vehicles do not require insurance identification cards: a. Taxis, busses and rented vehicles b. Vehicles operating under the authority of the Public Service Commission and ICC c. Government owned vehicles d. Certain farm vehicles RELATED PROCEDURES Forwarding of Fees to Audits and Accounts Unit (P.G. 212-82) Aided Cases General Procedure (P.G. 216-01) Unidentified Persons (P.G. 216-03) Accidents and Collisions - City Involved (P.G. 217-04) Department Vehicle Collisions (P.G. 217-06) Collisions - Private Vehicles Authorized For Police Use (P.G. 217-07) Bicycle Collisions - General Procedure (P.G. 217-17) FORMS AND REPORTS COLLISION INFORMATION EXCHANGE/ACKNOWLEDGEMENT OF FOUND PROPERTY (PD301-092) ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) IDENTIFICATION TAG (PD317-091) REQUEST FOR COPY OF COLLISION RECORD (PD301-165) Police Accident Report (MV104AN) Truck and Bus Supplemental Police Accident Report (MV104S) P.G. 217-02 Vehicle Collisions Which Result In Death, Serious Injury And Likely To Die, Or Critical Injury Date Effective: 08-19-13 PURPOSE To investigate vehicle collisions in which death, serious injury and likely to die, or critical injury has occurred and to present facts to the District Attorney. DEFINITION CRITICAL INJURY - A critical injury will be determined based upon the on-scene assessment of Emergency Medical Services (EMS) personnel. PROCEDURE After responding to a vehicular collision in which death, serious injury and likely to die, or a critical injury has occurred, follow normal vehicle collision procedures and, in addition: UNIFORMED MEMBER OF THE SERVICE 1. Detain drivers, occupants, vehicles involved, and witnesses. 2. Effect arrest and comply with P.G. 208-40, "Intoxicated or Impaired Driver Arrest," if probable cause is immediately established that an operator is under the influence of alcohol and/or drugs. 3. Ensure operators of all vehicles involved in a motor vehicle collision resulting in death, serious injury and likely to die, or critical injury to a person submit to a breath test for alcohol unless: a. A vehicle operator is removed from the scene for immediate medical attention or; b. Otherwise directed by a supervisor on the scene. 4. Ensure any other operator(s) remain at the scene pending the administration of a hand held Portable Breath Test (PBT) by a qualified member of the service or Highway Unit personnel, if readily available. a. Observe operator(s) for any indication of impairment by alcohol and/or drugs pending the arrival of an available PBT b. Effect arrest and comply with P.G. 208-40, "Intoxicated or Impaired Driver Arrest," if probable cause is subsequently established that an operator is under the influence of alcohol and/or drugs pending the arrival of an available PBT c. Transport prisoner to the designated testing location without unnecessary delay in order to minimize the possibility of a reduced alcohol concentration level reading of a chemical test when administered. 5. Obtain name, address, home and business telephone numbers of any person who must leave the scene. 6. Confer with on-scene emergency medical service personnel to ascertain if any person involved in collision has been classified as critically injured as per FDNY EMS guidelines. 7. Request patrol supervisor to respond to scene. 8. DO NOT disturb collision scene unnecessarily. a. Mark position of vehicle and/or injured person with chalk, if person/vehicle must be moved. 9. Make ACTIVITY LOG (PD112-145) entry. PATROL SUPERVISOR 10. Respond to collision scene. 11. Upon arrival at the collision scene where a death, serious injury and likely to die, or critical injury has occurred, request the response of: a. Precinct Detective Squad b. Highway District Collision Technician Group c. Highway District Collision Investigation Squad. 12. Notify desk officer and commanding officer/duty captain regarding circumstances of incident. 13. Notify Operations Unit if an extended closure of a roadway(s) is required or if perishable merchandise or current newspapers are involved. COMMANDING OFFICER/ DUTY CAPTAIN 14. Confer with patrol supervisor regarding incident. a. Ensure criteria for a critical injury have been met, or in circumstances where criteria for a critical injury have not been met, determine whether the extent of injuries and/or unique circumstances of a collision warrant an investigation under the parameters of this procedure. b. Ensure appropriate units have been notified and are responding. PRECINCT DETECTIVE SQUAD MEMBER 15. Interview witnesses and secure the crime scene pending arrival of the Highway District Collision Technician Group and the Highway District Collision Investigation Squad. HIGHWAY DISTRICT COLLISION TECHNICIAN GROUP MEMBER 16. Process collision scene. 17. Confer with Highway District Collision Investigation Squad member in regards to processing the collision scene. 18. Prepare MOTOR VEHICLE COLLISION AND MECHANISM REPORT (PD301-151). HIGHWAY DISTRICT, COLLISION INVESTIGATION SQUAD MEMBER 19. Notify and inform appropriate District Attorney's Office of preliminary facts of incident prior to the conclusion of the investigation. 20. Conduct on-scene collision investigation with Highway District Collision Technician Group member. 21. Prepare WITNESS STATEMENT - VEHICLE COLLISION (PD301-061). 22. Prepare Early Notification of Fatal Accident (MV-104EN), if appropriate, and fax to New York State Department of Motor Vehicles within twenty-four hours. 23. Prepare Police Report for Fatal Motor Vehicle Accidents (MV-104D), if appropriate. a. Complete a separate Police Report for Fatal Motor Vehicle Accidents when more than one person in a motor vehicle collision is deceased or if more than three vehicles are involved in a fatal collision. 24. Forward copies of completed Early Notification of Fatal Accident and Police Report for Fatal Motor Vehicle Accidents, and all other reports prepared to the Highway District Collision Investigation Squad concerned. 25. Notify relatives or friends of the deceased in a timely manner, if applicable. DESK OFFICER, PRECINCT OF OCCURANCE 26. Have a separate COMPLAINT REPORT (PD313-152) prepared for each person killed, or seriously injured and likely to die, or received a critical injury as a result of the collision. a. Classify COMPLAINT REPORT either "Case Open-Investigate Motor Vehicle Collision/Fatal," or "Case Open-Investigate Motor Vehicle Collision/Serious Injury and Likely to Die/Critical Injury," as appropriate. 27. Record as "Referred to Collision Investigation Squad" and forward copies of COMPLAINT REPORT, as appropriate. 28. Ensure that notifications to relatives or friends are made in a timely manner and document the time and date of the notification as well as the name of member making notification under caption "NOTIFICATIONS" on the Police Accident Report (MV104AN). a. Ensure above notifications are made by the Highway District Collision Investigation Squad when a vehicle collision has resulted in a death. HIGHWAY DISTRICT COLLISION TECHNICIAN GROUP MEMBER 29. Forward all reports, including any subsequent reports directly related to collision investigation, to the Highway District Collision Investigation Squad. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS The Highway District Collision Technician Group and the Highway District Collision Investigation Squad investigators will maintain an open dialogue to ensure a proper and successful investigation is conducted. A designated member of the Highway District Collision Investigation Squad will coordinate the investigation and presentation of facts to District Attorney concerned. When a precinct desk officer is notified that a person who sustained an apparent minor injury in a vehicle collision (COMPLAINT REPORT was NOT prepared) has died as a result of the collision, a COMPLAINT REPORT and a supplementary Police Accident Report will be prepared. The COMPLAINT REPORT, supplementary Police Accident Report and a copy of the original Police Accident Report will be forwarded to the Collision Investigation Squad concerned. Additionally, the Collision Investigation Squad concerned will also be notified by telephone. When making a determination as to when an extended roadway closure should be placed into effect in order to assist in a collision investigation (including the length of time a closure will remain in effect and whether or not to partially or fully close the roadway), the severity of injuries sustained by the individual(s) involved should be weighed versus other contributing factors (i.e., the time and day of occurrence, the specific type of roadway involved [e.g., arterial highway, major thoroughfare, etc.], the ability to effectively detour traffic and the need to preserve evidence at the scene). Operations Unit personnel will ensure that the Traffic Management Center is aware of any closures involving an arterial highway. If a moving violation summons is issued and the violation resulted in collision that caused the death or serious physical injury of someone than the violator, the summonsing officer must write "D" for death or for serious physical injury in the "Description/Narrative" section of summons. a other "SPI" the LEGAL CONSIDERATIONS In accordance with Vehicle and Traffic Law, Section 1194.1 subsection (b), when requested to do so, all operators of vehicles involved in motor vehicle collisions are required to submit to a breath test for alcohol. RELATED PROCEDURES Aided Cases General Procedure (P.G. 216-01) Vehicle Collisions - General Procedure (P.G. 217-01) Vehicle Collisions Which Result In Death, Serious Injury and Likely To Die, or Critical Injury - Mechanical Defect Involved (P.G. 217-03) Intoxicated or Impaired Driver Arrest (P.G. 208-40) Chemical Test Warrant Application (P.G. 217-16) Bicycle Collisions - General Procedure (P.G. 217-17) FORMS AND REPORTS ACTIVITY LOG (PD112-145) AIDED REPORT WORKSHEET (PD304-152b) COMPLAINT REPORT (PD313-152) MOTOR VEHICLE COLLISION AND MECHANISM REPORT (PD301-151) WITNESS STATEMENT - VEHICLE COLLISION (PD301-061) Police Accident Report (MV104AN) Early Notification of Fatal Accident (MV-104EN) Police Report for Fatal Motor Vehicle Accidents (MV-140D) P.G. 217-03 Vehicle Collisions Which Result In Death, Serious Injury And Likely To Die, Or Critical Injury - Mechanical Defect Involved Date Effective: 08-19-13 PURPOSE To examine a vehicle involved in a collision which has resulted in death, serious injury and likely to die, or critical injury to an individual to ascertain if the vehicle is mechanically defective. DEFINITION CRITICAL INJURY - A critical injury will be determined based upon the on-scene assessment of Emergency Medical Services (EMS) personnel. PROCEDURE When a vehicle has been involved in a collision which has resulted in death, serious injury and likely to die, or critical injury to an individual, and either the operator indicates or Highway Unit personnel suspect that the vehicle has a mechanical defect: HIGHWAY UNIT OFFICER 1. Prepare MOTOR VEHICLE COLLISION AND MECHANISM REPORT (PD301-151). a. Prepare WITNESS STATEMENT-VEHICLE COLLISION (PD301- 061), if appropriate. 2. Prepare the Early Notification of Fatal Accident (MV-104EN), if appropriate, and fax to New York State Department of Motor Vehicles within twenty-four hours. 3. Prepare the Police Report for Fatal Motor Vehicle Accidents (MV-104D), if appropriate. a. Complete a separate Police Report for Fatal Motor Vehicle Accidents when more than one person in a motor vehicle collision is deceased or if more than three vehicles are involved in a fatal collision. 4. Forward copies of completed Early Notification of Fatal Accident and Police Report for Fatal Motor Vehicle Accidents to the Collision Investigation Squad concerned. 5. Report facts to desk officer, precinct of occurrence, and to assigned member of Collision Investigation Squad. UNIFORMED MEMBER OF THE SERVICE 6. Summon Department tow truck and have vehicle removed to Department facility. 7. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). DESK OFFICER, PRECINCT OF OCCURRENCE 8. Enter rank, name, and shield number of Highway Unit officer in the Command Log. a. Note in entry if mechanical defect is a possible factor in collision. 9. Make reference to Command Log entry on Police Accident Report (MV104AN). 10. Have PROPERTY CLERK INVOICE (PD521-141) prepared from WORKSHEET, review and digitally sign. DESK OFFICER/SUPERVISOR AT DEPARTMENT FACILITY 11. Do not permit removal of vehicle if required as evidence or until the defect has been corrected. 12. Obtain signed statement from person correcting mechanical defect and file in Property Receipt Book. 13. Permit removal of vehicle only by properly equipped tow truck if defect is not corrected, provided vehicle is not required as evidence. RELATED PROCEDURES Vehicle Collisions - General Procedure (P.G. 217-01) Vehicle Collisions Which Result In Death, Serious Injury and Likely to Die, or Critical Injury (P.G. 217-02) FORMS AND REPORTS MOTOR VEHICLE COLLISION AND MECHANISM REPORT (PD301-151) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) WITNESS STATEMENT-VEHICLE COLLISION (PD301-061) Police Accident Report (MV104AN) Early Notification of Fatal Accident (MV-104EN) Police Report for Fatal Motor Vehicle Accidents (MV-104D) P.G. 217-04 Accidents And Collisions - City Involved Date Effective: 08-19-13 PURPOSE To assist the City in processing cases in which the City may be a plaintiff or defendant. DEFINITION CITY INVOLVED - Any reported incident involving personal injury and/or property damage which may involve the City in a civil action. PROCEDURE When it is determined that the City may be involved in a civil suit as a result of an accident or vehicle collision: UNIFORMED MEMBER OF THE SERVICE 1. Prepare Police Accident Report (MV104AN) if collision and check appropriate boxes under caption "DUPLICATE COPY REQUIRED FOR," OR Prepare AIDED REPORT WORKSHEET (PD304-152b) in other cases in which personal injury resulted and the City may be involved, OR Prepare ACCIDENT REPORT - CITY INVOLVED (PD301-155) (only) in all other cases in which the City may be involved and no personal injury resulted (property damage only). 2. Ensure that AIDED REPORT WORKSHEET contains an indication that City is involved and name of City agency involved. 3. Inform persons involved that a claim against the City arising from the incident must be filed with the Comptroller of the City of New York within ninety days. 4. Submit REPORTS to desk officer. DESK OFFICER 5. Review and sign reports, as appropriate. 6. Direct command clerk to enter information from AIDED REPORT WORKSHEET into On-Line Aided System. 7. Forward: a. Police Accident Report in normal manner b. ACCIDENT REPORT - CITY INVOLVED as per instructions on form. (1) Dispose of buff agency copy if Police Department is the ONLY agency involved. (2) Determine City agency involved as indicated below: CONDITION AGENCY Traffic signs, stanchions, signal lights, etc. * Department of Transportation Property damage on roadway under Jurisdiction of Department of Parks, or trees damaged on parkland, City streets, or on any other public property owned by the City of New York. * Department of Parks. Damaged fire alarm box/post. * New York City Fire Department, Actions and Claims Unit. Lampposts. * Department of Transportation. Damage to parkway, through park road, highway, stone wall, curb, fence, guide rail, post, etc. * Dept. of Transportation, Bureau of Highways, Legal Department. Accidents on or in immediate vicinity of a ferry, bridge, tunnel, dock, airport or seaplane base. * Agency concerned. City hydrants * Department of Environmental Protection and the New York City Fire Department, Actions and Claims Unit. School bus Accident * Board of Education, Office of Pupil Transportation. Property damage occurring on or emanating from transit facilities (e.g., falling debris from elevated MTA line) * NYC Transit Law Department ADDITIONAL DATA OPERATIONAL CONSIDERATIONS It is not unusual for claims to arise in favor of the City in certain accidents and vehicle collisions. It is the policy of the City to pursue such claims. Members of the service at the scene of an incident involving the City will detail circumstances which may support claims by the City against private entities. Additionally, members will obtain names and addresses of witnesses at the scene, including potential witnesses favorable to the City. Full cooperation with the involved City agency or the Law Department in pursuing these claims is mandatory. FORMS AND REPORTS ACCIDENT REPORT - CITY INVOLVED (PD301-155) AIDED REPORT WORKSHEET (PD304-152b) Police Accident Report (MV104AN) P.G. 217-05 Leaving The Scene Of A Collision Date Effective: 08-19-13 PURPOSE To investigate reports of leaving the scene of vehicle collisions. PROCEDURE Upon arrival at scene of vehicle collision involving personal injury and/or property damage, and the operator of one of the vehicles has fled the scene without reporting, follow P.G. 217-01 "Vehicle Collisions - General Procedure" and: UNIFORMED MEMBER OF THE SERVICE 1. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A), unless the operator of a vehicle that left the scene of a collision (PROPERTY DAMAGE ONLY) is apprehended and issued a summons for the traffic offense of Leaving the Scene of Collision without Reporting, prior to preparation of a COMPLAINT REPORT WORKSHEET. IF NEW YORK REGISTRATION NUMBER IS OBTAINED 2. Query NYSPIN through the FINEST system to determine if vehicle is reported stolen. a. DO NOT give complainant hard copy. b. Provide information by utilizing COLLISION INFORMATION EXCHANGE/ACKNOWLEDGEMENT OF FOUND PROPERTY (PD301-092). 3. Obtain name and address of registered owner. 4. Give information to complainant. IF VEHICLE REGISTERED IN ANOTHER STATE 5. Query NYSPIN through the FINEST System to determine identity of registered owner. a. Request information needed through an adjoining command, if the command FINEST System is inoperable. 6. Provide complainant with information, if identity of owner is obtained. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS In determining whether a case should be closed or referred to the detective squad, the following criteria should be considered: a. Extent of damage b. Whether the facts or degree of damage indicate operator intentionally left scene knowing he caused damage c. Availability of witnesses to testify d. Timeliness of complaint e. Whether the report is being made for prosecution or insurance purposes f. Other relevant factors which would have a bearing on this determination. In PROPERTY DAMAGE ONLY cases, a summons returnable to the Traffic Violations Bureau may be served even though the member did not observe the offense (See Vehicle and Traffic Law, Section 602). RELATED PROCEDURES Vehicle Collisions - General Procedure (P.G. 217-01) Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury (P.G. 217-02) Conditions of Service (P.G. 209-01) FORMS AND REPORTS COLLISION INFORMATION EXCHANGE/ACKNOWLEDGEMENT OF FOUND PROPERTY (PD301-092) COMPLAINT REPORT WORKSHEET (PD313-152A) P.G. 217-06 Department Vehicle Collisions Date Effective: 08-19-13 PURPOSE To record and determine the causes of collisions involving Department vehicles, including vehicles leased or rented by the Department, and/or issued to the Department by any Federal/State/City agency, and recommend corrective action. PROCEDURE When a Department vehicle is involved in a collision: MEMBER OF THE SERVICE 1. Request ambulance, if necessary. 2. Request operator, occupants and witnesses to remain pending arrival of patrol supervisor. a. Obtain name, address, home and business telephone numbers of persons involved and witnesses. 3. Request patrol supervisor, precinct of occurrence, to respond. a. If not available, Communications Section will notify patrol supervisor, adjoining precinct to respond. NOTE: If the operator of the Department vehicle is assigned to other than the precinct of occurrence, a supervisory officer of such member's command, if available, will perform the tasks of the patrol supervisor. If the collision involves death, or serious injury to anyone, the precinct commander/duty captain will be the investigating supervisor. IN ALL CASES, THE FINAL AGENCY DETERMINATION WILL BE MADE BY THE COMMANDING OFFICER OF THE PRECINCT OF OCCURRENCE. 4. Prepare Report of Motor Vehicle Accident (MV104) in all cases. a. If incapacitated, the patrol supervisor will prepare the Report of Motor Vehicle Accident, in addition to other forms. NOTE: The Police Department, the City Law Department, or their designee, will pursue claims against private entities which are at fault in Department vehicle collisions. Details concerning the cause of the collision including the names of witnesses favorable to the City will be carefully documented on Department forms. A summons will be issued to the operator of a private vehicle if the patrol supervisor determines it is appropriate. A SUMMONS WILL NOT BE ISSUED TO AN OPERATOR OF DEPARTMENT VEHICLES. PATROL SUPERVISOR, PRECINCT OF OCCURRENCE 5. Respond to scene. 6. Conduct investigation and interview person's involved/witnesses. a. When collision involves death or serious injury, request persons involved/witnesses to remain pending arrival of precinct commander/duty captain. 7. Notify desk officer and request response of precinct commander/duty captain, as necessary. NOTE: If preliminary investigation discloses that the driver committed a moving violation or if a fatality occurs, and the driver is a civilian member of the service required to have a Commercial Driver's License (CDL), he/she will be required to submit to alcohol and drug testing. The desk officer concerned will contact the Medical Division, Monday through Friday, 0700 hours to 1600 hours, within one hour of the incident. All other times, contact the Medical Division Sick Desk. The desk officer will be informed as to the location where the member must be taken for drug and alcohol testing, and will comply with the instructions of the Medical Division supervisor. The member involved MUST remain available for drug and alcohol testing. Unless unavailability is the result of necessary emergency care, a member's failure to be available will be considered a refusal to submit to alcohol and drug testing and will be the result in disciplinary or other appropriate action. 8. Notify the Operations Unit promptly, if a member of the service is injured and requires hospital treatment. a. An additional notification to the Operations Unit is also required before final reports are prepared to update Operations of the status of the injured member of the service. 9. Prepare Police Accident Report (MV104AN) in quadruplicate. a. If injury is involved, include statement on Police Accident Report as to whether the airbag inflated and deployed, if applicable. b. Indicate if collision occurred when responding to an emergency. If so, state what warning devices were being used, e.g., siren, dome light, etc. c. Enter member's command and address of that command under caption "Operator's Address." d. Print in large letters or type "POLICE INVOLVED" at top of form under caption "Police Accident Report." e. Have two sets of photographs taken of all Department vehicle collisions showing damage to all vehicles involved. If collision involves death or injury, photographs will be taken at scene, if possible. (1) Photographs will be secured in a Jewelry Security Envelope. NOTE: If a uniformed member of the service was operating a police vehicle during an "emergency operation" as defined by Section 114-b of the Vehicle Traffic Law, supervisors preparing the Police Accident Report (MV104AN) should enter a capital letter "P" in a circle next to the name of the Department vehicle operator near the top of the report and use the following text in the "Accident Description/Officer's Notes" section of the MV104AN: "The collision occurred in a police vehicle owned/operated by the New York City Police Department while responding to an emergency situation." Emergency operation as defined by Section 114-b of the Vehicle Traffic Law states "the operation, or parking, of an authorized emergency vehicle, when such vehicle is engaged in transporting a sick or injured person, transporting prisoners, delivering blood or blood products in a situation involving an imminent health risk, pursuing an actual or suspected violator of the law, or responding to, or working or assisting at the scene of an collision, disaster, police call, alarm of fire, actual or potential release of hazardous materials or other emergency. Emergency operation shall not include returning from such service." When completing Police Accident Report fill in each numbered box with the proper entry as determined from the corresponding code list on the cover sheet. If question does not apply, enter "dash" (-). If proper entry for any questions is unknown, enter an "X" in the corresponding box. 10. Prepare and sign Report of Motor Vehicle Accident, Police Line of Duty Accident (MV104L). a. Attach completed form to Police Accident Report prior to forwarding. NOTE: Failure to report a collision to the Commissioner of Motor Vehicles, by not forwarding a MV104L is a misdemeanor and shall constitute grounds for the suspension or revocation of the member of the service driver's license. 11. Deliver one completed copy of Police Accident Report to operator of Department vehicle involved in accident. DESK OFFICER, PRECINCT OF OCCURRENCE 12. Notify patrol borough command of collision AND: a. Request response of duty captain, if death or serious injury is involved and precinct commanding officer is not available. b. Enter notification and borough accident number obtained in Telephone Record. MEMBER ON DUTY, PATROL BOROUGH OFFICE 13. Record in Borough Department Vehicle Accident Log: a. Date, time, precinct of occurrence, location, borough accident #, rank, name and command of supervisor preparing Police Accident Report. 14. FAX consolidated daily Department Vehicle Accident reporting forms directly to the Personnel Safety Desk. a. Commanding officers will ensure that these reports are submitted no later than 0700 hours each day. 15. Notify the precinct commander/duty captain to respond to scene of accident, if death or serious injury is involved. a. If precinct commander/duty captain is unable to respond notify available captain (or above) performing duty in borough. PRECINCT COMMANDER/DUTY CAPTAIN 16. Respond to scene of collision, if death or serious injury involved, conduct investigation, and review actions taken by patrol supervisor. NOTE: Determine justification of summons, if issued. If not justified, follow P.G. 209-18, "Summons Served or Prepared In Error." 17. Interview all persons involved in collision and witnesses. 18. Prepare Part A of COLLISION REPORT - POLICE DEPARTMENT VEHICLE (PD 301-153), personally. NOTE: If the vehicle involved was issued by a Federal/State/City agency, the issuing agency and vehicle information will be recorded in the "Preliminary Statement of Investigating Supervisor" caption of the COLLISION REPORT-POLICE DEPARTMENT VEHICLES. 19. Make a preliminary determination as to the cause of the collision and record on COLLISION REPORT - POLICE DEPARTMENT VEHICLE. a. Consider the actions taken by both the operator and recorder in determining cause of collision. NOTE: If preliminary investigation reveals that Department vehicle operator was at fault, a statement describing member's fault shall be included in the COLLISION REPORT - POLICE DEPARTMENT VEHICLE. Any action taken by the recorder or omitted actions, will also be noted. 20. Ensure that cause(s) of collision is correctly identified and recorded on both the Police Accident Report and COLLISION REPORT - POLICE DEPARTMENT VEHICLE. 21. Sign the completed COLLISION REPORT - POLICE DEPARTMENT VEHICLE and deliver to desk officer, precinct of occurrence. NOTE: If vehicle collision does not involve a death or serious injury, steps 17 through 21 will be performed by the patrol supervisor, precinct of occurrence/operator's immediate supervisor. 22. Review the Police Accident Report prepared by the patrol supervisor. a. If collision involves death or injury, record under caption "Accident Description/Officer's Notes" reviewed by name, rank, command, and sign. DESK OFFICER, PRECINCT OF OCCURRENCE 23. Notify patrol borough office of name, rank and command of supervisor who prepared the COLLISION REPORT - POLICE DEPARTMENT VEHICLE. 24. Notify Fleet Services Division, and obtain Police Accident Serial Number. 25. Enter serial number assigned prefaced by caption "Police Accident Serial Number," at top of Police Accident Report. a. Enter serial number in designated box on COLLISION REPORT - POLICE DEPARTMENT VEHICLE. 26. FAX both sides of the Police Accident Report, Report of Motor Vehicle Accident, Police Line of Duty Accident, and COLLISION REPORT - POLICE DEPARTMENT VEHICLE, immediately after serial numbers are obtained from the On Line Accident System, Fleet Services, and borough offices, without the final agency determination captions completed, to the Personnel Safety Desk, twenty four hours a day. No coversheet is necessary. a. During business hours (0700 x 1830 hours), desk officers will confirm receipt by calling the Personnel Safety Desk. If the transmission of reports cannot be completed, a photocopy of the reports will be left for the relieving desk officer to FAX on the next tour. Commands with inoperative FAX machines will utilized a FAX machine in the closest Department facility. It will be the desk officer's responsibility to ensure that this information is expeditiously FAXED to the Personnel Safety Desk on the same tour in which the collision occurred, if possible. Desk officers will ensure, prior to FAXING, that the aforementioned reports are completed in a legible and accurate manner. 27. Indicate on Police Accident Report, under caption, "Duplicate Copy Required For," agencies that are to receive a copy of the Report. a. Enter command, if vehicle is permanently assigned to other than precinct of occurrence. 28. Send Department vehicle involved in collision (even if no apparent damage) to borough service station with copy of Police Accident Report and set of collision photos attached. a. Do not place vehicle in service until inspected at service station. (1) Have speedometer tested before vehicle is used to enforce speed regulations. (2) Notify speedometer-testing station if vehicle will be out of service for an extended period. 29. Attach copy of Police Accident Report to COLLISION REPORT - POLICE DEPARTMENT VEHICLE and forward to precinct executive officer, with photographs, for endorsement. 30. Forward original copy of Police Accident Report to Traffic Safety Officer for review and processing. PRECINCT EXECUTIVE OFFICER 31. Convene a Precinct Vehicle Collision Safety Review Board within twenty days of a vehicle collision and review collision report, photographs, and any related reports prepared. a. Have the Personnel Safety Desk contacted to ascertain the number of Department vehicle collisions in which the operator concerned has been involved. b. The Board will be composed of: Precinct executive officer (chairperson) Lieutenant platoon commander or special operations lieutenant Integrity control officer or assistant integrity control officer Precinct training sergeant Traffic safety officer or designee Peer member (rank of operator) Supervisor from operator's command (if other than precinct of occurrence) NOTE: When the vehicle operator being reviewed is above the rank of captain, the patrol borough executive officer will be the chairperson of the board. 32. Indicate Precinct Vehicle Collision Safety Review Board recommendation by completing Part B of COLLISION REPORT - POLICE DEPARTMENT VEHICLE. NOTE: If the precinct executive officer is unavailable, the precinct commander shall be the chairperson of the board. Factors that led to determination and explanation of delays if board is not convened within 20 days of collision will be the subject of TRAFFICSTAT meetings. PRECINCT COMMANDER 33. Ensure that the Precinct Collision Safety Review Board process was conducted properly and in a timely fashion, and complete Part C of COLLISION REPORT - POLICE DEPARTMENT VEHICLE, indicating Approval/Disapproval of the precinct executive officer's recommendation. 34. Endorse all reports. a. Forward white copy of COLLISION REPORT - POLICE DEPARTMENT VEHICLE, with photographs, copy of Police Accident Report, and any related reports, to Personnel Safety Desk within thirty days of accident. b. Forward buff copy of COLLISION REPORT - POLICE DEPARTMENT VEHICLE, copy of Police Accident Report, and any related reports, to patrol borough office for review of information only. c. File pink copy of COLLISION REPORT - POLICE DEPARTMENT VEHICLE in operator's Personal Folder. NOTE: The commanding officer of the member concerned must review the COLLISION REPORT - POLICE DEPARTMENT VEHICLE, prior to having it filed in the operators personnel folder. d. File copies of all reports prepared at precinct, in chronological order, under the heading "Department Vehicle Collision." NOTE: All Department vehicle collision cases, regardless of the command of the operator, will be heard at the precinct of occurrence by the Precinct Vehicle Collision Safety Review Board. In cases where other than the command/bureau concerned MUST Review Board. the Department vehicle collision involved a member assigned to precinct of occurrence, the precinct commander will notify the of the member of the service involved that the command/bureau have a supervisor attend the Precinct Vehicle Collision Safety Members of the service assigned to the Highway District will be exempted from going through the Precinct Vehicle Safety Review Board or attending PADTU retraining. When a member of the Highway District is involved in a Department vehicle collision, the Highway District will convene a Highway Vehicle Safety Review Board, and if it is deemed that the member needs retraining, the Highway Driver Training School will conduct the retraining. 35. Implement disciplinary (or other) action, if warranted. 36. Develop a collision reduction program for the command and report progress to the patrol borough command concerned. PATROL BOROUGH EXECUTIVE OFFICER 37. Be accountable for compliance with this procedure AND: a. Ensure timely convening of the Precinct Vehicle Collision Safety Review Board. b. Chair the Precinct Vehicle Collision Safety Review Board when member being reviewed is above the rank of captain. c. Ensure that final "at fault" determinations are accurately made AND recorded on the COLLISION REPORT - POLICE DEPARTMENT VEHICLE. d. Ensure that completed reports are forwarded to the Personnel Safety Desk within thirty days of the collision. e. Ensure that members found "At Fault" are scheduled for AND attend retraining within ninety days (when appropriate). Names of members who require re-training should be forwarded to the Bureau Training coordinator so that training slots can be distributed appropriately. NOTE: In those cases where the Precinct Vehicle Collision Safety Review Board was chaired by the borough executive officer, the patrol borough commanding officer will provide the review function outlined in step 37c above. ADDITIONAL DATA If Department vehicle operator is NOT assigned to precinct of occurrence, duplicate copies of all reports prepared will be forwarded to operator's commanding officer. If Department vehicle involved in collision is not permanently assigned to precinct of occurrence, send duplicate copies of Police Accident Report and COLLISION REPORT - POLICE DEPARTMENT VEHICLE to commanding officer concerned. All Bureaus (OCCB, Transit, Housing, etc.,) should designate a supervisory member of the service to review reports involving members of their command. All Bureaus executive officers should review the semi-annual Department Vehicle Collision Summary report prepared by the Personnel Bureau and, where needed, develop appropriate collision reduction programs specific to their bureaus. Operators of Department vehicles involved in a collision are advised to stop the vehicle immediately; extinguish any cigarettes; utilize four-way flashers; raise the vehicle's hood; and utilize flares or any other warning devices. The vehicle should be moved only if its location is hazardous and likely to cause additional collisions. When deemed appropriate, if collision involves death or injury, the responding precinct commander/duty captain may immediately direct that the operator and/or recorder not be assigned to duty in a Department vehicle, if such action is based upon his/her determination, after investigation at the scene. This immediate action, as well as any further action, will be subject to review by the member(s) precinct/unit commander. All proposed disciplinary action will be indicated on the COLLISION REPORT - POLICE DEPARTMENT VEHICLE as a recommendation. If the need to interview a member of the service under the provisions of P.G. 206-13, "Interrogation of Members of the Service" becomes apparent and a serious violation is alleged or sufficient justification is present, although the violation is minor, a member will be permitted sufficient time to have a representative respond prior to start of interview. Members of the service who were involved in Department vehicle collisions in which it has been determined that the member's driving ability was a contributory factor to the incident would benefit from the Driver Training Unit's "Collision Retraining Course." However, depending upon the circumstances, other corrective measures such as disciplinary action may be more appropriate. Therefore, to insure that only those members who would benefit are scheduled for retraining, the following guidelines are offered. Driver retraining should be implemented only if the operator of a Department vehicle is determined to be at fault due to a driving deficiency, based on factors such as: a. weather conditions which affect the road surface b. loss of control c. backing d. fender judgment e. mirror usage (vans) f. avoiding obstructions, debris g. braking h. turn negotiation The precinct/unit commander will be responsible for ensuring that appropriate individuals attend collision retraining within ninety days of the collision. These provisions will be strictly adhered to absent exigent circumstances, i.e., extended sick leave or other valid reasons preventing timely retraining. Commanding officers are reminded that the Driver Training Unit is a tool best utilized to improve a member's overall driving performance. It should not be viewed as disciplinary action. The Commanding Officer, Driver Training Unit, is available to all commanders for conferral whether scheduling a specific member for retraining would be appropriate. New York State Vehicle and Traffic Law (Section 1104 A - V.T.L.) allows the driver of an authorized emergency vehicle, when involved in an emergency operation, to disregard regulations with certain conditions. These conditions include proceeding past a steady red signal, but only after slowing down as may be necessary for safe operation, or exceeding the maximum speed limits as long as life and property are not endangered. However, it should be noted that disciplinary action would be more appropriate than driver retraining for those members who are involved in vehicle collisions which occurred as a result of their unsafe disregard of such regulations, as opposed to the member merely having deficient driving skills. Report vandalism to a Department vehicle on Typed Letterhead to Fleet Services Division and deliver report to borough service station with vehicle. Commanding Officer, Personnel Safety Desk, will forward a copy of reports received to Police Academy, Driver Training School. Amounts of property damage sustained are often unable to be determined in a timely fashion, and whether an injury has in fact occurred, or will be claimed at a future date, is often undetermined. Therefore, investigating supervisors of uniformed members of the service involved in a Department vehicle collision will prepare a MV104L. The MV104L will be prepared at the time of the collision and attached to the Police Accident Report (MV104AN) prior to forwarding. Civilian members of the service involved in a Department vehicle collision will prepare MV104. The MV104 will be prepared at the time of the collision and should the member of the service involved be incapacitated and unable to complete the form, the investigating supervisor will do so. (This is in addition to the Police Accident Report [MV104AN] prepared by the investigating supervisor). Failure to report a collision by a civilian member of the service to the Commissioner of Motor Vehicles, by not forwarding a copy of a MV104, is a misdemeanor and shall constitute grounds for the suspension or revocation of the member of the service driver's license. In accordance with New York State Insurance Department Regulations, the operator of a Department vehicle may not be penalized (charged) by a private insurance company for a Department vehicle collision that occurred during the performance of duty. Likewise, insurance companies may not cancel a member of the service's personal automobile insurance policy on the basis of such collisions. In the event that a member of the service's private automobile insurance policy is surcharged, cancelled, or not renewed unjustifiably as a result of a Department vehicle collision, such member should notify his/her commanding officer. The commanding officer concerned will prepare an OFFICIAL LETTERHEAD (PD158-151) to the insurance company concerned, (see Sample). The member concerned should also contact: The New York State Insurance Department Consumer Services 160 West Broadway New York, New York 10013 SAMPLE (Date) (Rank) (Name) Commanding Officer (Pct.) (Street Address) (Insurance Company Name) (Street Address) (City, State) Re: (RANK, NAME OF MEMBER OF THE SERVICE INVOLVED) COLLISION (NUMBER) (DATE OF COLLISION) Dear Sir or Madam: I am the commanding officer of (Rank, Name of member of the service involved). This letter is to inform (Name of Insurance Company) that (Name of member of the service involved) is a member of the New York City Police Department, and that the above referenced collision occurred during the performance of his/her duty with the Police Department. Therefore, pursuant to New York State Insurance Regulation Section 169.1(d) (iv) of Title 11 of the NYCCRR, no surcharge may be imposed for the above referenced accident. Very truly yours, (Rank) (Name) RELATED PROCEDURES Vehicle Collisions - General Procedure (P.G. 217-01) Vehicle Collisions Which Result In Death, Serious Injury and Likely to Die, or Critical Injury (P.G. 217-02) Accidents and Collisions - City Involved (P.G. 217-04) Collisions - Private Vehicles Authorized for Police Use (P.G. 217-07) Vehicle Pursuits (P.G. 212-39) Reporting Sick from Outside City and Outside Residence Counties (P.G. 205-02) Interrogation of Members of the Service (P.G. 206-13) Summons Served or Prepared in Error (P.G. 209-18) FORMS AND REPORTS COLLISION REPORT-POLICE DEPARTMENT VEHICLE (PD301-153) OFFICIAL LETTERHEAD (PD158-151) Police Accident Report (MV104AN) Report of Motor Vehicle Accident (MV104) Report of Motor Vehicle Accident, Police Line of Duty Accident (MV104L) Typed Letterhead P.G. 217-07 Collisions - Private Vehicles Authorized For Police Use Date Effective: 08-19-13 PURPOSE To record and process vehicular collisions involving privately owned vehicles authorized for police use by members of the service (uniformed or civilian). PROCEDURE When involved in a collision while operating an authorized private vehicle in the performance of police duty: MEMBER OF THE SERVICE 1. Notify precinct of occurrence. a. Request response of patrol supervisor. 2. Prepare Report of Motor Vehicle Accident (MV104) in all cases. a. If incapacitated, the patrol supervisor will prepare the Report of Motor Vehicle Accident (MV104), in addition to other forms. PATROL SUPERVISOR, PRECINCT OF OCCURRENCE 3. Respond to scene. 4. Prepare Police Accident Report (MV104AN). a. Under caption "Operator's Address," enter member's command and address of that command. b. Under caption "Duplicate Copy Required For," check box marked "Office of Comptroller (City Involved)" and any other boxes that apply. c. If injury is involved, include statement on Police Accident Report as to whether the air bag inflated and deployed, if applicable. d. Have photographs taken of collision showing damages to all vehicles involved. (1) If collision involves death or injury, photographs will be taken at scene, if possible. NOTE: If preliminary investigation discloses that the driver committed a moving violation or if a fatality occurs, and the driver is a civilian member of the service required to have a Commercial Driver's License (CDL), he/she will be required to submit to alcohol and drug testing. The desk officer concerned will contact the Medical Division, Monday through Friday, 0700 hours to 1600 hours, within one hour of the incident. All other times, contact the Medical Division Sick Desk. The desk officer will be informed as to the location where the member must be taken for drug and alcohol testing, and will comply with the instructions of the Medical Division supervisor. The member involved MUST remain available for drug and alcohol testing. Unless unavailability is the result of necessary emergency care, a member's failure to be available will be considered a refusal to submit to alcohol and drug testing and will result in disciplinary or other appropriate action. 5. Furnish member involved in collision with two duplicated copies of Police Accident Report and set of collision photos for submission to Fleet Services Division and Deputy Commissioner - Management and Budget. 6. Direct member concerned to: a. Obtain Police Collision Serial Number from Fleet Services Division and b. Bring vehicle, with copy of Police Accident Report and set of collision photos, to Fleet Services Division for inspection and estimate of damage. (1) If vehicle is inoperable, notify Fleet Services Division to send a qualified person to estimate damage. NOTE: If vehicle is inoperable, member is entitled to have vehicle removed by Department Tow to one location of choice, within New York City. 7. Submit four copies of report, on Typed Letterhead, to precinct commander, summarizing collision and indicating any driving deficiency. PRECINCT COMMANDER 8. Investigate, if a deficiency was determined, and take appropriate disciplinary action. 9. Endorse patrol supervisor's report: a. If in doubt regarding member's driving ability, request retesting and/or retraining by the Police Academy Driver Training Unit. b. Direct a record of the collision be entered in the operator's personal folder. c. Forward report, as follows: (1) Original - Chief of Department (2) Duplicate - Personnel Safety Desk (3) Triplicate - Deputy Commissioner - Management and Budget (4) Quadruplicate - Precinct file. NOTE: If member is not permanently assigned to precinct of occurrence, indicate on reverse side of Police Accident Report that a duplicated copy is required for member's permanent command. Send copy of patrol supervisor's report to commanding officer concerned. WHEN CLAIMING REIMBURSEMENT FROM THE CITY FOR DAMAGE TO PRIVATELY OWNED VEHICLES INCURRED IN THE LINE OF DUTY MEMBER OF SERVICE 10. Prepare report, in duplicate, on Typed Letterhead, addressed to Deputy Commissioner - Management and Budget, including: a. Time and date of occurrence. b. Description of incident, including a full description of auto: year, make, model, number of cylinders and registration. c. A copy of any entry made in other Department record(s), regarding particulars of collision, as appropriate. d. Statement that member is not claiming reimbursement for property damage from a private insurance carrier. e. Statement that upon receipt of reimbursement from the city, the member will assign to the city any rights to reimbursement for property damage arising from the incident. 11. Obtain and attach to report: a. Damage estimates from two separate auto body collision repair shops b. Copy of Police Accident Report. NOTE: If vehicle is inoperable only one outside estimate is required. 12. Submit report, with attachments, to commanding officer. COMMANDING OFFICER, MEMBER CONCERNED 13. Investigate and endorse request, to include: a. Facts as stated in request. b. Whether member had authorization to use vehicle at time of incident. c. Existence of any other official record(s) covering date and time of occurrence. d. Recommendation to APPROVE/DISAPPROVE request. 14. Forward report, with attachments, to commanding officer of next higher level of command. COMMANDING OFFICER, NEXT HIGHER LEVEL OF COMMAND 15. Review request and attachments. 16. Indicate APPROVAL/DISAPPROVAL of request. 17. Forward, through channels, to Deputy Commissioner - Management and Budget. DEPUTY COMMISSIONER MANAGEMENT 18. Review request and attachments. a. Endorse to the Director, Fleet Services Division. FLEET SERVICES DIVISION 19. Examine private vehicle of member concerned. a. Prepare an estimate of repairs b. Forward estimate with recommendations of amount to be paid to Deputy Commissioner - Management and Budget. DEPUTY COMMISSIONER MANAGEMENT AND BUDGET 20. Review request and recommendation. 21. Determine reimbursement amount, if any. 22. Prepare affidavit and assignment. a. Forward to member concerned requesting notarized signature. MEMBER OF THE SERVICE 23. Sign and have notarized the affidavit and assignment form. 24. Return to Deputy Commissioner - Management and Budget (DIRECT). DEPUTY COMMISSIONER MANAGEMENT AND BUDGET 25. Indicate APPROVAL or DISAPPROVAL, upon receipt of affidavit and assignment form. 26. Return DISAPPROVED requests to requesting member by endorsement. 27. Forward APPROVED request with affidavit to Audit and Accounts Section for payment processing. a. Forward two copies of approved payments eligible for subrogation to Deputy Commissioner - Legal Matters. AUDIT AND ACCOUNTS SECTION 28. Process reimbursement payments approved by Deputy Commissioner Management and Budget. DEPUTY COMMISSIONER LEGAL MATTERS 29. Review reimbursement payments forwarded by Deputy Commissioner- Management and Budget. 30. Determine if cases should be forwarded to the appropriate city agency for the recovery of reimbursements paid by the Department (subrogation). ADDITIONAL DATA Vandalism to vehicles will be reported to the Fleet Services Division, on Typed Letterhead, and delivered with the vehicle to that unit. The Police Department will not bear responsibility for any personal items stolen from the vehicle or damaged in the collision. RELATED PROCEDURES Private Vehicles Authorization (A.G. 325-14) FORMS AND REPORTS Police Accident Report (MV104AN) Report of Motor Vehicle Accident (MV104) Typed Letterhead P.G. 217-08 Aircraft Accidents Date Effective: 08-19-13 PURPOSE To determine the cause of, and record data concerning aircraft accidents/collisions. PROCEDURE On arrival at the scene of an aircraft accident/collision follow P.G. 216-01, "Aided Cases General Procedure," and in addition: UNIFORMED MEMBER OF THE SERVICE 1. Request patrol supervisor to respond. 2. Notify the desk officer. 3. Detain pilot and aircraft. 4. Safeguard evidence until examined by authorized personnel. 5. Advise the owner or pilot of his responsibility to report the accident/collision to the desk officer within ten hours and that failure to do so is a misdemeanor. DESK OFFICER 6. Notify: a. Detective squad concerned b. Operations Unit c. Duty captain d. Borough office. SUPERVISING OFFICER IN COMMAND 7. Prepare and forward report of unusual occurrence with two extra copies for Commanding Officer, Special Operations Division. NOTE: An authorized investigator, FAA or Aviation Unit, determines the cause of the accident/collision, supplies the necessary information to the detective concerned and recommends the release of the pilot and the plane when feasible. FORMS AND REPORTS UNUSUAL OCCURRENCE REPORT (PD370-152) P.G. 217-09 Directed Accident Response Program (D.A.R.P.) Date Effective: 08-19-13 PURPOSE To direct the response of designated tow trucks, through the Communications Section, to the scene of vehicular collisions, for vehicles which the reporting member deems unsafe to be driven, except that an operator of a vehicle with a gross vehicle weight of fifteen thousand (15,000) pounds or more may choose their own company to respond. SCOPE This procedure does not include collisions occurring in tunnels, on bridges, or arterial highways serviced by franchised towing companies under permits issued by Department of Transportation (see P.G. 212-08, "Activity Logs.") Additionally, Administrative Code Section 20-524, Subdivision "c," exempts any governmental agency from the operation of this law. Therefore, when a government vehicle is damaged in a collision, the operator of the vehicle may call his or her own tow service. Pertinent provisions of the Administrative Code applicable to the Directed Accident Response Program state: a. Section 20-518 (a) (3) - All participants in the program shall maintain a business premises that is under exclusive control of the participant, is not used by any other towing company and is the premises listed on such participant's license to engage in towing. Such premises shall consist of a location that is open to the public, where towing company personnel are employed, calls requesting towing service are received and towers dispatched, and where all records required by this subchapter or any rules promulgated thereunder are maintained. b. Section 20-518 (b) - The vehicle removed from the collision scene at the direction of the Police Department shall be removed by a tow truck of a company participating in the Directed Accident Response Program. At all times the vehicle shall be stored within such storage facility as listed on the license of the towing company responding to the Police Department's direction to remove the vehicle. Such premises shall be owned, operated or controlled by such towing company and shall not be used by any other towing company. PROCEDURE Upon arrival at a collision scene: UNIFORMED MEMBER OF THE SERVICE 1. Comply with pertinent provisions of P.G. 217-01, "Vehicle Collisions General Procedure." 2. Ascertain if vehicle(s) can be safely driven, or if towing is required using reasonableness as a standard. a. Operators of government vehicles or vehicles with a maximum gross vehicle weight of fifteen thousand pounds or more may use their own tow company. b. A uniformed member may authorize the removal of a vehicle which cannot be safely driven if the owner/operator is incapacitated, is not present, or refuses to authorize the tow. NOTE: Once the uniformed member makes a determination that a tow truck is needed, the request may not be cancelled. 3. Notify Communications Section dispatcher when towing service is needed. a. The notification will include the color, body type and plate number(s) of the vehicle(s) requiring a tow. NOTE: DO NOT TRANSMIT THE MAKE, MODEL OR YEAR OF THE DISABLED VEHICLE(S) INVOLVED IN A COLLISION. COMMUNICATIONS SECTION DISPATCHER 4. Inform uniformed member at the scene of the name of the towing company responding. 5. Dispatch patrol supervisor. NOTE: The Directed Accident Response Program operator at the Communications Section will maintain a list of tow companies participating in each zone and will make notifications on a strict rotation basis. PRECINCT COMMANDS ARE NOT AUTHORIZED TO MAKE NOTIFICATIONS. UNIFORMED MEMBER OF THE SERVICE 6. Allow only the tow truck dispatched by the Communications Section to remove vehicle(s), except: a. Where motorist(s) indicates that a private towing company will be requested and the vehicle involved has a gross vehicle weight of fifteen thousand pounds or more. b. Arrest evidence vehicles. c. Vehicles held as investigatory evidence. d. Vehicles subject to the Rotation Tow Program as stolen or abandoned e. Government vehicles. 7. Remain on scene for thirty minutes after radio dispatcher advises which tow company is responding. NOTE: If the assigned tow company is not on the scene within thirty minutes of being assigned by the Communications Section, the uniformed member will request the Communications Section to cancel the initially requested tow company and assign the next tow company in the rotation. The uniformed member will prepare a REPORT OF VIOLATION (PD672-151) for the tow company that was cancelled and advise the dispatcher when resuming patrol. The Communications Section Dispatcher will enter the appropriate final disposition code to indicate the unit has departed the collision scene prior to the arrival of the DARP tow operator (Code Signal 10-99T9). 8. Inform motorist(s) involved of name of tow company responding. a. Supply the motorist(s) involved with the telephone number of the Directed Accident Response Program operator (212) 374-4290 and instruct the motorist(s) to call after thirty minutes, if the tow truck has not arrived. Inform the motorist to be prepared to give the Directed Accident Response Program operator both the vehicle plate number and the location of the collision. 9. Enter tow company information on Police Accident Report (MV104AN) only when the vehicle is towed and the tow company is known. 10. Comply with the following, if an unsolicited tow truck arrives or is found at the scene: a. If there is probable cause to believe that a tow operator has traveled enroute to, or responded to the collision scene without having a specific request for service from a person in charge of either a government vehicle or a vehicle with a maximum gross vehicle weight of fifteen thousand pounds or more or from the Police Department, issue summons for violation of Administrative Code, Section 20-518(b)(2) (unsolicited response by tow operator). (1) Prepare a REPORT OF VIOLATION. b. In those cases where there is probable cause to believe that a tow operator has solicited any of the involved parties, issue an additional summons for violation of Administrative Code, Section 20-515, subdivision (b) (soliciting for towing at the scene of a vehicular collision). This also applies to persons soliciting at a collision scene from a private vehicle. (1) Include this additional information on the REPORT OF VIOLATION. c. Seize any unlicensed tow truck which is observed either, (1) responding to an collision scene, or (2) parked in the vicinity of the collision while the operator of the tow truck is observed offering to tow a vehicle with the tow truck, or (3) present at the collision scene (see P.G. 209-29, "Seizure of Unlicensed Tow Trucks.") PATROL SUPERVISOR 11. Respond to location and supervise the removal of involved vehicles. 12. Supervise the issuance of summonses to tow truck operators when summonses are issued. 13. Insure the preparation of REPORT OF VIOLATION when warranted. a. If a witness advises that a tow company removed a vehicle from the scene prior to the officer's arrival have REPORT OF VIOLATION prepared. Include witness' name, address and telephone number, if obtained. DESK OFFICER 14. Direct reporting officer to have information regarding a vehicle which is towed without the owner/operator's knowledge (e.g., operator unconscious and removed to hospital, no operator with vehicle, vehicle was parked and is now impeding traffic, etc.) entered into the FINEST system utilizing the "IMPOUND" screen. a. Ensure that notification is sent to registered owner of vehicle. NOTE: If inquiry is made at stationhouse and information is not available through FINEST System "IMPOUND" screen, call DARP operator for vehicle's location. 15. Review and sign REPORT OF VIOLATION. 16. Assign precinct serial number to REPORT OF VIOLATION. 17. Have REPORT OF VIOLATION forwarded to Department of Consumer Affairs, Licensing Enforcement Section, 42 Broadway, New York, New York 10004. ADDITIONAL DATA The tow truck dispatched by the Directed Accident Response Program will possess, and must present for inspection, a "Tow Authorization" form that must include a Department of Consumer Affairs license number. The tow trucks and tow operators must be licensed by the Department of Consumer Affairs. Uniformed members advising the radio dispatcher of a final disposition from the scene of a collision must utilize one of the following disposition codes as it pertains to that particular collision situation: a. 10-99T4 Vehicle Collision (No tow required) b. 10-99T5 Vehicle Collision (D.A.R.P. tow service) c. 10-99T6 Vehicle Collision (Other tow service) d. 10-99T7 Vehicle Collision (D.A.R.P. and other tow service) e. 10-99T8 Vehicle Collision (Highway-authorized tow service) f. 10-99T9 Vehicle Collision (D.A.R.P. requested, waited thirty minutes, made second request, resumed patrol) The following violations of Department of Consumer Affairs regulations will be entered under "Additional Information" on REPORT OF VIOLATION: a. UNJUSTIFIABLE REFUSAL to accept towing assignments (1) Violation - Article XI, subdivision F (DARP) b. REPEATED UNJUSTIFIABLE REFUSALS to accept towing assignments (1) Violation - Article XI, subdivision L (DARP). (List times and dates of such refusals). Uniformed members of the service will refrain from using any other final disposition code when a vehicle collision is involved EXCEPT if upon arrival, the vehicle(s) is not at the scene and there is no information available concerning how it was removed. In this instance, Code Signal 10-90Z [Gone on Arrival] will be utilized. RELATED PROCEDURES Vehicle Collisions - General Procedure (P.G. 217-01) Seizure Of Unlicensed Tow Trucks (P.G. 209-09) FORMS AND REPORTS Police Accident Report (MV104AN) REPORT OF VIOLATION (PD672-151) P.G. 217-10 Accidents - Department Property Date Effective: 08-19-13 PURPOSE To report damage to Department property other than Department vehicles. PROCEDURE Upon discovery of damaged property: UNIFORMED MEMBER OF THE SERVICE 1. Report facts to desk officer and make ACTIVITY LOG (PD112-145) entry. DESK OFFICER 2. Have patrol supervisor investigate facts and prepare report, including: a. Date and time of occurrence b. Details c. Department property involved d. Damage to other property e. Owner of that property f. Action g. Witnesses h. Brief description of injury. PATROL SUPERVISOR 3. Submit report to command clerk. COMMAND CLERK 4. Type report on Typed Letterhead (four copies). a. Submit to desk officer/counterpart. DESK OFFICER 5. Have patrol supervisor sign report. 6. File one copy of report and forward three copies, direct, as follows: PROPERTY Booths, buildings TO Deputy Commissioner - Management and Budget, Facilities Management Division Horses Aircraft, launches Mounted Unit Special Operations Division RELATED PROCEDURES Department Vehicle Collisions (P.G. 217-06) FORMS AND REPORTS ACTIVITY LOG (PD112-145) Typed Letterhead P.G. 217-11 Accidents - New York City Housing Authority Involved Date Effective: 08-19-13 PURPOSE To assist the New York City Housing Authority in processing cases in which the New York City Housing Authority may be a plaintiff or defendant. DEFINITION N.Y.C.H.A. INVOLVED - ALL accidents involving serious injury or death, or an aided case which may involve the Housing Authority in legal action. PROCEDURE When it is determined that the New York City Housing Authority may be involved in legal action, comply with normal aided or accident procedures and in addition: UNIFORMED MEMBER OF THE SERVICE 1. Prepare FIELD REPORT (PD313-1511). 2. Ensure that FIELD REPORT contains: a. Contributory conditions of areas, i.e., no lights in stairwell, rubbish on stairs, broken sidewalk, icy condition, etc., OR b. Non-contributory conditions of area, i.e., stairwell well lighted, dry, no obstructions noted, sidewalk dry and clear of obstructions, etc. 3. Telephone PSA desk officer and report all pertinent details of the incident. DESK OFFICER 4. Make determination as to the severity of the incident and in appropriate cases, make the following notifications: a. During business hours, Monday through Friday, notify the manager of the Housing Authority location concerned, when appropriate, AND forward copies of all reports prepared to the New York City Housing Authority, Law Department Tort Division, 75 Park Place, 11th Floor, New York, New York 10007. b. After business hours and on holidays and weekends, notifications will be made in accordance with subdivision "a" above, by the desk officer on the next business day following the incident. 5. Make appropriate Command Log entry of notification, including name of person notified. ADDITIONAL DATA Notifications with respect to serious injury or death incurred as a result of a criminal action shall be excluded from the provisions of this procedure. Copies of all reports, including ACCIDENT REPORT - CITY INVOLVED (PD301-155) if prepared, will be forwarded to the Housing Authority Insurance Division for informational purposes (see P.G. 217-04, "Accidents and Collisions - City Involved"). It is not unusual for claims to arise in favor of the Housing Authority in certain accidents. It is the policy of the Housing Authority to pursue such claims. Members of the service at the scene of an accident involving the Housing Authority, will detail circumstances which may support claims by the Housing Authority against private entities. Additionally, members will obtain names and addresses of witnesses at the scene, including potential witnesses favorable to the Housing Authority. Full cooperation with the Housing Authority or the New York City Law Department in pursuing these claims is mandatory. RELATED PROCEDURES Accidents and Collisions - City Involved (P.G. 217-04) FORMS AND REPORTS ACCIDENT REPORT - CITY INVOLVED (PD301-155) FIELD REPORT (313-1511) P.G. 217-12 Notifications - Certain Accident Cases Date Effective: 08-19-13 PURPOSE To notify concerned agencies in certain accident cases. PROCEDURE Upon being informed of any of the following types of accidents: DESK OFFICER 1. Notify Operations Unit direct if incident involves: a. Bridge, on, near or affecting dock, affecting structure b. Explosives, vehicle transporting c. Police signal box damaged (also notify Communications Section) d. Railroad, other than subway e. Sprinkler system inoperative f. Tunnel, in or affecting g. Construction site, serious injury or death h. Elevator, escalator or amusement ride, serious injury or death and there is an apparent or actual malfunction or defect in the equipment. 2. Notify the agency direct if incident involves: * Building, affecting structure - * Department of Buildings (see ADD'L DATA) * Bus, MTA - * N.Y.C. Transit (718) 240-3333 * Crane - * Department of Buildings (see ADD'L DATA) * Elevator - * Department of Buildings (see ADD'L DATA) * Fire alarm box or post damaged - * Fire Dept., Borough Fire Headquarters * Housing, persons requiring shelter - * Dept. of Social Services * Scaffold - * Department of Buildings (see ADD'L DATA) * Subway - * N.Y.C. Transit (718) 330-4377 ADDITIONAL DATA The New York City Department of Buildings can be notified twenty-four hours a day, seven days a week, through the Office of Emergency Management's (OEM) Watch Command. P.G. 217-13 Preparing, Amending, And Releasing Police Accident Reports (MV 104An) To Involved Parties Appearing In Person At A Police Facility Date Effective: 08-19-13 PURPOSE To minimize the means by which any involved party, that has an interest in a motor vehicle collision which has occurred, can commit insurance fraud. DEFINITION INVOLVED PARTY - Any party/person(s) having an interest in a motor vehicle collision which has occurred. This would include, but is not limited to, the following: motorists, passengers, property owners (whose property is damaged as a result of the collision), an executor or administrator of the estate, next of kin, or insurance beneficiary of person killed in the collision, the parent or guardian of a minor involved in the collision, spouses, insurance company representatives, dependents in a Worker's Compensation claim, and attorneys. PROCEDURE When an involved party appears in person at a police facility and requests that a Police Accident Report (MV104AN) be prepared, amended, or released for an collision which occurred within the last thirty days: DESK OFFICER 1. Interview and verify identification of party requesting copy of Police Accident Report. a. Verify that check/money order is properly prepared. 2. Direct involved party to traffic safety officer/assigned uniformed member of the service in order to proceed with request. TRAFFIC SAFETY OFFICER/ASSIGNED UNIFORMED MEMBER OF THE SERVICE 3. Ask involved party requesting copy of Police Accident Report: a. To prepare REQUEST FOR COPY OF COLLISION RECORD (PD301-165) b. When and where collision occurred, and c. To present a current, valid form of picture identification (driver's license, passport, etc.). NOTE: No request will be honored without a current, valid form of picture identification. In addition to picture identification, an attorney must also present a notarized letter signed by the party concerned, stating that he/she is being represented by the attorney. 4. Inform person concerned that a ten dollar non-refundable fee is required. 5. Make: a. Two photocopies of Police Accident Report b. One photocopy of involved party's picture identification. 6. Ensure that copies of Police Accident Report are correct. 7. Collect fee, drawn to the order of "Police Department, City of New York," on one of the following instruments: a. Certified check b. Bank teller's check c. United States Postal Money Order d. Personal check (1) Signed by requestor (2) Not post dated e. Corporate check. 8. Prepare FEE RECEIPT (PD122-017). NOTE: If involved party opts to file a REQUEST FOR COPY OF COLLISION RECORD by mail, instruct them on what valid form of identification must be included with their request in order to receive a copy of a Police Accident Report. Any mail request not accompanied by a photocopy of a current, valid form of picture identification, i.e. driver's license, passport, etc. and a self-addressed stamped envelope, will be returned. When the request is received along with a valid form of identification and the appropriate fee (check or money order only), place the FEE RECEIPT and a copy of Police Accident Report in self addressed stamped envelope and mail to requestor. 9. Indicate the following on REQUEST FOR COPY OF COLLISION RECORD: a. Name of person receiving copy of Police Accident Report b. Type of check/money order used and number c. FEE RECEIPT number. 10. Submit REQUEST FOR COPY OF COLLISION RECORD, FEE RECEIPT, and collected fee to the desk officer. DESK OFFICER 11. Verify collected fee is payable to the order of "Police Department, City of New York," and ensure proper preparation of FEE RECEIPT. 12. Sign caption on REQUEST FOR COPY OF COLLISION RECORD verifying inspection of collected fee. NOTE: The Integrity Control Officer will check a minimum of fifteen file copies of the REQUEST FOR COPY OF COLLISION RECORD on a quarterly basis to ensure collected fees were verified by a supervisor. Additionally, these checks will become part of the command's self inspection system. TRAFFIC SAFETY OFFICER/ASSIGNED UNIFORMED MEMBER OF THE SERVICE 13. Give one copy of Police Accident Report along with FEE RECEIPT and copy of REQUEST FOR COPY OF COLLISION RECORD to requestor. 14. Staple to the original REQUEST FOR COPY OF COLLISION RECORD: a. Photocopy of Police Accident Report b. Photocopy of picture identification with Police Accident Report number written on the top right hand corner. 15. File chronologically on a daily basis. 16. Affix the imprint of the precinct rubber stamp on the back of check/money order and complete necessary captions. 17. Give collected fee to desk officer. NOTE: Requests for Police Accident Reports from other governmental agencies conducting official business will NOT be subject to a fee. a. Indicate "NO FEE" and the agency's name on the REQUEST FOR COPY OF COLLISION RECORD. DESK OFFICER 18. Forward collected fees to operations coordinator. OPERATIONS COORDINATOR 19. Have fee safeguarded pending delivery to patrol borough command as detailed in P.G. 212-82, "Forwarding of Fees to Audits and Accounts Unit." INTEGRITY CONTROL OFFICER 20. Ensure that fee is properly collected and forwarded to patrol borough command. ADDITIONAL DATA Uniformed members of the service are required by law to complete a Police Accident Report and investigate the facts whenever any person(s)/party appears at a police facility and reports the following: ANY COLLISION which: a. Results in serious injury or death to a person must be investigated in accordance with P.G. 217-02, "Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury." b. Results in injury to a person and the motor vehicle collision in question is being reported within five days after such collision. c. Involves a commercial vehicle where the damage incurred is disabling enough to result in a vehicle being towed from the collision scene and the motor vehicle collision in question is being reported within five days after such collision. Regarding the above circumstances, if the criteria as stated are met, the person(s)/party requesting the completion of a Police Accident Report will be referred to the command where the collision took place. ONLY A UNIFORMED MEMBER OF THE SERVICE (UMOS) will prepare a Police Accident Report. The UMOS concerned will ask to view the vehicle in question (if available), and interview those claiming to be party to the collision (if present), before completing the Police Accident Report. In ALL cases, the UMOS must note in the "Accident Description/Officer's Notes" section of the Police Accident Report, whether or not they had the opportunity to actually view the vehicle or interview the person(s) involved in the collision. Any person(s)/party appearing in person at a police facility and requesting initial preparation of a Police Accident Report for a collision that does not meet the above criteria, shall instead be given a copy of New York State Department of Motor Vehicles - Report of Motor Vehicle Accident (MV104) to complete and submit on their own. Any person(s)/party appearing in person at a police facility and requesting that a Police Accident Report be completed for them, where property damage to a vehicle or personal injury is involved, and the operator of one of the vehicles has fled the scene without reporting, will be referred to the command where the collision occurred (see P.G. 217-05, "Leaving the Scene of a Collision"). A uniformed member of the service is not mandated to amend a previously completed Police Accident Report upon request by any person(s)/party appearing in person at a police facility. The uniformed member may elect to do so if: a. In their discretion a change is warranted and b. He/she is the officer of record. Absent these criteria the member can recommend that the requesting party complete Report of Motor Vehicle Accident (MV104) and submit to the Accident Records Bureau in Albany (address on rear of form). If a Police Accident Report is amended by the uniformed member of the service the caption at the top of the form, "AMENDED REPORT" must be checked. Requests for Police Accident Reports made after thirty days should be made directly to the New York State Department of Motor Vehicles, Public Service Bureau, Empire State Plaza, Albany, New York 12228, utilizing New York State Department of Motor Vehicles form, "Request for Copy of Accident Report." Person making the request will be given whatever information is necessary to complete the form at no charge. RELATED PROCEDURES Forwarding of Fees to Audits and Accounts Unit (P.G. 212-82) Vehicle Collisions-General Procedure (P.G. 217-01) Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury (P.G. 217-02) Leaving the Scene of a Collision (P.G. 217-05) FORMS AND REPORTS FEE RECEIPT (PD122-017) REQUEST FOR COPY OF COLLISION RECORD (PD301-165) Police Accident Report (MV104AN) New York State Department of Motor Vehicles-Report of Motor Vehicle Accident (MV104) P.G. 217-14 Preparation Of Police Accident Reports (MV 104 An) For Collisions Occurring On Highways, Bridges And Tunnels Date Effective: 08-19-13 PURPOSE To ensure that the appropriate reference marker numerals/letters are utilized when preparing a Police Accident Report (MV104AN). PROCEDURE Upon notification or observation of a vehicle collision occurring on limited access highways, collector-distributor roadways (CDRs), entrance and exit ramps, and bridges and tunnels (Metropolitan Transportation Authority facilities, Brooklyn and Williamsburg Bridges, etc.): UNIFORMED MEMBER OF THE SERVICE 1. Comply with P.G. 217-01, "Vehicle Collisions - General Procedure." 2. Locate the nearest reference marker to the collision site for collisions occurring on highways, CDRs, and ramps only. 3. Utilize and refer to the Limited Access Highway Reference Marker Listing book (maintained at each command) to determine the proper reference marker: a. For collisions occurring on bridges or in tunnels (1) The Limited Access each command) must be used tunnels. Reference markers near a collision site will Highway Reference Marker for reporting collisions (if any) actually posted not be entered on Police Listing (maintained at occurring on bridges and on bridges or in tunnels Accident Reports. b. In instances where a reference marker is missing, cannot be seen due to inclement weather, etc. 4. Enter the numerals/letters taken from the reference marker near the collision site or the Limited Access Highway Reference Marker Listing book as appropriate, into the twelve box caption titled "Reference Marker" on the Police Accident Report (see "ADDITIONAL DATA"). COMMAND CLERICAL STAFF MEMBER 5. Record collision into the On Line Accident Index. 6. Enter reference marker numerals/letters on the "ADD ACCIDENT" screen in the caption titled "IF HIGHWAY OR BRIDGE, ENTER REFERENCE MARKER". TRAFFIC SAFETY OFFICER 7. Review all Police Accident Reports for completeness and accuracy. 8. Ensure "Reference Marker" caption is completed when required. 9. Update On Line Accident Index. ADDITIONAL DATA INCLUSION OF REFERENCE MARKER ON POLICE ACCIDENT REPORT The 9 inch x 8 inch green-colored Reference Marker depicted below is located every one-tenth of a mile on limited access highways, collector-distributor roadways, and entrance and exit ramps: (Figure 58) Twelve box "reference marker" caption as seen on Police Accident Report: (Figure 59) RELATED PROCEDURES Traffic Safety Officer (P.G. 202-28) Vehicle Collisions - General Procedure (P.G. 217-01) FORMS AND REPORTS Police Accident Report (MV104AN) P.G. 217-15 Collision Report Police Department Vehicle Data Entry System Date Effective: 08-19-13 PURPOSE To provide a means to more effectively and clearly document Department vehicle collisions and provide the Personnel Safety Desk and Traffic-Stat with data in an expeditious manner. SCOPE Traffic Safety Officers will be able to enter data from any Intranet-capable terminal within their command. All of the information necessary to complete the data entry can be found on the COLLISION REPORT - POLICE DEPARTMENT VEHICLE (PD301-153) and the Police Accident Report (MV-104AN). PROCEDURE When a collision occurs involving a vehicle owned, leased, or rented by the Department, the Traffic Safety Officer in the precinct of occurrence will enter all pertinent information into the database as follows: PRECINCT TRAFFIC SAFETY OFFICER 1. Obtain copies of reports relating to all Department vehicle collisions occurring within the geographical confines of the precinct. NOTE: It is the responsibility of the Traffic Safety Officer to obtain copies of reports involving members of the service not assigned to the precinct of occurrence as well as all reports involving rented and leased vehicles as set forth in P.G. 217-06, "Department Vehicle Collisions." 2. Login to the Department's Intranet "Department Vehicle Accident Database." 3. Enter all data from Parts "A" and "B" of the COLLISION REPORT - POLICE DEPARTMENT VEHICLE and data from the Police Accident Report within seventy-two hours of the collision, without waiting for final agency determination. 4. Coordinate efforts with Commanding Officer to obtain agency final determination within thirty days of the collision. 5. Enter data from Part "C" of the COLLISION REPORT - POLICE DEPARTMENT VEHICLE including agency final determination into database within thirty days of the collision. DESK OFFICER PRECINCT OF OCCURRENCE 6. Fax all reports prepared regarding Department vehicle collisions to the Personnel Safety Desk, as indicated in P.G. 217-06, "Department Vehicle Collisions." PRECINCT COMMANDER 7. Ensure that the endorsed copies of all reports are forwarded to the Personnel Safety Desk, Patrol Borough concerned and placed in the member's personal folder, as indicated in P.G. 217-06, "Department Vehicle Collisions." NOTE: In addition to the steps outlined in this procedure, members of the service will continue to comply with the procedures required for Department Vehicle Collisions as set forth in P.G. 217-06, "Department Vehicle Collisions." All questions concerning the Police Department Vehicle Data Entry System may be directed to the Personnel Bureau-Staff Services Section at 646-610-6612, during normal business hours. ADDITIONAL DATA All information captured on the COLLISION REPORT - POLICE DEPARTMENT VEHICLE will be entered into the Intranet Database, as well as the following data from the Police Accident Report. 1. Pedestrian/Bicyclist/Location 2. Pedestrian/Bicyclist/Action 3. Traffic Control 4. Light Conditions 5. Roadway Character 6. Weather 7. Apparent Contributing Factors 8. Direction of Vehicle 9. Pre-collision Vehicle Action 10. Location of First Event 11. Type of Accident-Collision with: 12. Collision Type: If a question DOES NOT APPLY, a dash (-) will be entered in the database. If an answer is UNKNOWN, an (X) will be entered in the database. RELATED PROCEDURES Department Vehicle Collisions (P.G. 217-06) FORMS AND REPORTS Police Accident Report (MV-104AN) COLLISION REPORT - POLICE DEPARTMENT VEHICLE (PD301-153) P.G. 217-16 Chemical Test Warrant Application Date Effective: 08-19-13 PURPOSE To apply for a chemical test warrant. DEFINITIONS CHEMICAL TEST WARRANT - A Court Order and process directing medical personnel to draw blood from a person suspected of driving while under the influence of alcohol or drugs while causing serious physical injury or death to another individual, in order to determine the alcoholic of drug content of the person's blood. A chemical test warrant will be applied for if a prisoner, arrested for Driving While Intoxicated involving a vehicle collision resulting in serious physical injury or death to another individual, has refused to submit to a chemical test or is unconscious and has been under arrest for more than two hours without being subjected to a chemical test. PROCEDURE When a uniformed member of the service has reasonable cause to believe that a person, suspected of operating a vehicle while under the influence of alcohol or drugs, is involved in a collision resulting in serious physical injury or death to another individual, and has refused to submit to a chemical test, or is unconscious and has been under arrest for more than two hours without having been subjected to a chemical test: PATROL SUPERVISOR 1. Request Communications Section to dispatch Highway District personnel to designated testing location or hospital, as appropriate. DESK OFFICER, PRECINCT OF ARREST 2. Contact Operations Unit and request a notification be made to District Attorney's Office. 3. Provide Operations Unit member with the following: a. Arresting officer's name, tax registry number, shield number and command b. Prisoner's pedigree information c. Desk telephone number of designated testing location. 4. Make Telephone Record entry regarding notification. OPERATIONS UNIT MEMBER 5. Notify appropriate District Attorney's Office. 6. Provide assistant district attorney with the following: a. Arresting officer's name, tax registry number, shield number, and command. b. Desk telephone number of designated testing location c. Prisoner's pedigree information. 7. Notify desk officer, precinct of arrest and provide assistant district attorney's name and telephone number. ARRESTING OFFICER 8. Notify desk officer, precinct of arrest, if one hour has passed and assistant district attorney has not initiated contact at designated testing location. DESK OFFICER, PRECINCT OF ARREST 9. Contact assistant district attorney supervisor and Operations Unit, if one hour has passed and assistant district attorney has not conferred with arresting officer. a. Record phone call attempt(s) in Telephone Record b. Contact assistant district attorney supervisor every thirty minutes thereafter until assistant district attorney has been contacted. ARRESTING OFFICER 10. Inform assistant district attorney of details of arrest. 11. Comply with instructions of assistant district attorney regarding arrest process. 12. Complete all necessary arrest paperwork, as per P.G. 217-02,"Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury" and P.G. 208-40, "Intoxicated or Impaired Driver Arrest." 13. Complete CHEMICAL TEST WARRANT APPLICATION (PD374-041). NOTE: To apply for a chemical test warrant, the member of the service concerned must be able to articulate to the assistant district attorney and to the judge the he/she has reasonable cause to believe the defendant: a. Operated a vehicle and during said operation, b. Killed or caused a serious physical injury to another individual, c. Was intoxicated or impaired by alcohol or drugs, d. Is under arrest, e. Has refused a chemical test, or is unconscious and has been under arrest for more than two hours without having been subjected to a chemical test. Members of the service are reminded that if an operator suffers a serious physical injury and no other person suffers a serious physical injury or death, a chemical test warrant can not be applied for that operator. I.D.T.U. TECHNICIAN 14. Respond to designated testing location or hospital, as appropriate. 15. Prepare and sign Report of Refusal to Submit to Chemical Test (NYSDMV AA-134), when applicable. a. Have arresting officer sign Report of Refusal to Submit to Chemical Test. 16. Distribute copies of Report of Refusal to Submit to Chemical Test as indicated on form. a. Arresting officer must bring two copies for the assistant district attorney when complaint is drawn. NOTE: If prisoner refuses to submit to chemical test or any portion thereof, maintain the initial charge for which the prisoner was arrested unless new evidence warrants a change in charge. The arresting officer must be able to articulate circumstances which led to original charge of Intoxicated or Impaired Driving (e.g., witnessed prisoner operating vehicle, slurred speech, odor of alcohol on breath, etc.) After arraignment, the court will forward to the arresting officer a NOTICE OF SUSPENSION and/or NOTICE OF HEARING form with instructions to appear at a designated date, time and place for a hearing, which will be within fifteen days of the arraignment. Roll call personnel will schedule the arresting officer accordingly. 17. Supply arresting officer with chemical test evidence kit. UPON APPROVAL OF CHEMICAL TEST WARRANT APPLICATION DESK OFFICER, TESTING LOCATION 18. Provide transportation for arresting officer and prisoner to designated hospital for administration of chemical test. 19. Make Command Log entry consisting of the following: a. Arresting officer name and shield b. Prisoner's pedigree information c. Department auto number of the vehicle used for transport d. Time of transport. ARRESTING OFFICER 20. Upon arrival, inform and submit chemical test warrant and chemical test evidence kit to hospital personnel. 21. Notify assistant district attorney and Operations Unit, if hospital personnel do not comply with chemical test warrant. 22. Comply with instructions of assistant district attorney. 23. Comply with P.G. 218-49, "Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME)," upon receiving chemical test evidence kit. DESK OFFICER, TESTING LOCATION 24. Ensure prisoner is transported to borough court section facility or designated testing location to complete arrest processing, as appropriate. IF CHEMICAL TEST WARRANT APPLICATION IS DENIED ARRESTING OFFICER 25. Inform desk officer of testing location of CHEMICAL TEST WARRANT APPLICATION denial. 26. Comply with assistant district attorney instructions regarding continuation of arrest processing. DESK OFFICER, TESTING LOCATION 27. Make Command Log entry regarding chemical test warrant application denial. 28. Ensure prisoner is transported to borough court section facility. ADDITIONAL DATA If prisoner has been removed from the scene of incident to the hospital and is unconscious, the arresting officer will request the Communications Section to dispatch Highway District personnel to respond to the hospital and deliver the chemical test evidence kit. Any chemical samples taken by hospital personnel will be witnessed, sealed, and marked by Highway District personnel and delivered to the Police Laboratory by the arresting officer to ensure chain of custody. Members are reminded that if more than two hours have elapsed since arrest, and the unconscious prisoner has not been subjected to a chemical test, a chemical test warrant must be obtained. Members of the assistance and Monday through the Operations service are reminded that the Legal Bureau is available for guidance regarding the application for a chemical test warrant, Friday, 0700 to 2300 hours. After hours, members may contact Unit for a notification to a Department Attorney. RELATED PROCEDURES Intoxicated or Impaired Driver Arrest (P.G. 208-40) Vehicle Collisions Which Results in Death, Serious Injury and Likely to Die, or Critical Injury (P.G. 217-02) Immediate Delivery of DNA Evidence to the Police Laboratory and the office of the Chief Medical Examiner (OCME) (P.G. 218-49) FORMS AND REPORTS CHEMICAL TEST WARRANT APPLICATION (PD374-041) Report of Refusal to Submit to Chemical Test (NYSDMV AA-134) APPENDIX "A" (SAMPLE COURT ORDERED CHEMICAL TEST WARRANT) [CRIMINAL OR SUPREME] COURT OF THE CITY OF NEW YORK COUNTY OF NEW YORK IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO ANY POLICE OFFICER IN THE CITY OF NEW YORK Proof by affidavit having been made this day before me by Officer [NAME], Shield # [NUMBER], of [COMMAND and DEPARTMENT] (i) that there is reasonable cause to believe that [NAME OF DEFENDANT] blood contains evidence of drug or alcohol use, in violation of Vehicle and Traffic Law 1192 YOU ARE THEREFORE COMMANDED, at any hour of the day or night, to compel the defendant to submit to a chemical test pursuant to Vehicle and Traffic Law Section 1194(3); and that it is further ORDERED that a person authorized, pursuant to Sec. 1194 of the V.T.L. withdraw a sufficient amount of blood from the defendant, for the purpose of conducting a chemical test of the alcohol or drug content of that blood; and it is further ORDERED that the testing be conducted on the defendant's blood sample for the purpose of determining the presence of drugs or alcohol; and it is further ORDERED that the defendant shall submit to the withdrawal of blood sufficient for a chemical test of the alcohol or drug content of his/her blood and that any reasonable degree of force necessary to effect this order may be used; and it is further ORDERED that the property seized may be maintained in the care and custody of the New York City Police Department and or its agents, including the Office of the Chief Medical Examiner. ______________________________ Judge of the Criminal/Supreme Court Dated: __________________ P.G. 217-17 Bicycle Collisions - General Procedure Date Effective: 09-04-13 PURPOSE To record bicycle only and bicycle/pedestrian collisions not involving a motor vehicle. DEFINITIONS BICYCLE - Every two or three wheeled device upon which a person or persons may ride, propelled by human power through a belt, a chain or gears, with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by pre-teenage children. CRITICAL INJURY - A critical injury will be determined based upon the on-scene assessment of Emergency Medical Services (EMS) personnel. PROCEDURE When a collision involving a bicycle only or a bicycle and pedestrian occurs: UNIFORMED MEMBER OF THE SERVICE 1. Render reasonable aid to injured person. a. Request an ambulance, if necessary. 2. Request patrol supervisor to respond if collision resulted in death, serious injury and likely to die, or critical injury to an individual. PATROL SUPERVISOR 3. Ensure compliance with P.G. 217-02, "Vehicle Collisions Which Result in Death, Serious Injury and Likely to Die, or Critical Injury" if collision resulted in death, serious injury and likely to die, or critical injury to an individual. UNIFORMED MEMBER OF THE SERVICE 4. Prepare Police Accident Report (MV104AN): a. Write "NO VEHICLE" on the top of Police Accident Report. b. Enter information concerning operator of bicycle in section captioned "Vehicle 1." (1) Enter the name and address of the bicycle rental company in the applicable registration information captions, if a rental bicycle is involved. c. Enter "BIKE" for bicycle or "PCAB" for pedicabs in "Vehicle Type" caption. d. Enter information of additional party involved (e.g., bicyclist, pedestrian, pedicab operator, etc.) (1) Enter pedicab Department of Consumer Affairs License number in "Driver License ID Number" caption on Police Accident Report, if applicable. (2) Enter pedicab registration number in "Plate Number" caption on Police Accident Report, if applicable. e. Enter injured person(s) information (e.g., bicyclist(s), pedestrian(s), pedicab operator(s), etc.) in the "ALL INVOLVED" section of the Police Accident Report, boxes "A through F." f. Draw a straight line through every unused box in the "ALL INVOLVED" section and initial it. g. Enter name and address of injured person(s) in Section "A" on reverse side of Police Accident Report under caption "Persons Killed or Injured in Accident." 5. Comply with Patrol Guide 216-03, "Unidentified Persons," if person injured is unidentified. 6. Check box captioned "Other City Agency," under section entitled, "Duplicate Copy Required For" on rear of Police Accident Report, if necessary, and enter: a. MISSING PERSONS SQUAD (MEDICAL EXAMINER'S LIAISON UNIT) - If person killed as a result of a bicycle collision NOT involving a motor vehicle. b. HIGHWAY DISTRICT (COLLISION INVESTIGATION SQUAD) If person killed, seriously injured and likely to die, or critically injured as a result of a bicycle collision NOT involving a motor vehicle. c. DEPARTMENT OF CONSUMER AFFAIRS - If pedicab licensed by Department of Consumer Affairs is involved in a collision. 7. Sign completed Police Accident Report and deliver to desk officer. C.O./DUTY CAPTAIN/PDS/HIGHWAY DISTRICT MEMBERS CONCERNED 8. Comply with P.G. 217-02, `Vehicle Collisions Which Result in Death or Serious Injury and Likely to Die'," as applicable, if notified to respond by patrol supervisor pursuant to a bicycle collision resulting in death, a serious injury and likely to die, or critical injury to an individual. COMMAND CLERK 9. Notify relatives/friends if person injured is admitted to hospital. 10. Make required entries in the Automated Accident Index utilizing FINEST or Local Area Network (LAN) terminals for Police Accident Reports. a. The Accident Number will include the prefix "NV" indicating no vehicle was involved. DESK OFFICER 11. Review related reports (Police Accident Report, COMPLAINT REPORT, if prepared, etc.) for accuracy and completeness. 12. Comply with Patrol Guide 216-03, "Unidentified Persons," if person injured is unidentified. TRAFFIC SAFETY OFFICER 13. Review all Police Accident Reports. a. In absence of traffic safety officer, a uniformed member of the service authorized by the commanding officer will review Police Accident Reports. 14. Forward reviewed Police Accident Reports to training sergeant for signature. a. Inform training sergeant of any deficiencies. TRAINING SERGEANT 15. Sign all Police Accident Reports and return them to traffic safety officer. a. Ensure any deficiencies on Police Accident Reports are addressed accordingly. TRAFFIC SAFETY OFFICER 16. Forward copies marked "Duplicate Copies For" to appropriate unit/agency. 17. Maintain a command file entitled "BICYCLE - NO MOTOR VEHICLE INVOLVED" and store original Police Accident Reports for three calendar years. ADDITIONAL DATA Uniformed members of the service will utilize an additional Police Accident Report, if necessary, to document further information (e.g., multiple injured persons/bicyclists, collision description/officer notes, etc.). Members will ensure that he caption "Page_ of _ Pages" located in the upper left corner of the Police Accident Report is properly completed. Pending arrival of an ambulance, the uniformed member should allow a sick/injured person to be treated by a doctor, emergency medical technician or paramedic, if person volunteers his/her services, AND the uniformed member reasonable believes the volunteer is a professional. The medical attention should take place, if possible, under the observation of the member concerned. When the emergency situation is under control, request identification from volunteer, including name and address, and record information in ACTIVITY LOG (PD112-145) and under "Details" in Police Accident Report. The volunteer's role is limited to providing medical assistance ONLY. Determination regarding removal procedures via ambulance, Medevac, etc., will be determined by Emergency Medical Service personnel. RELATED PROCEDURES Vehicle Collisions - General Procedure (P.G. 217-01) Unidentified Persons (P.G. 216-03) Vehicle Collisions Which Result in Death or Serious Injury and Likely to Die (P.G. 217-02) FORMS AND REPORTS ACTIVITY LOG (PD112-145) Police Accident Report (MV104AN) Property - General P.G. 218-01 Invoicing Property - General Procedure Date Effective: 08/01/13 PURPOSE To record and process property coming into police custody. DEFINITIONS PROPERTY CATEGORIES - Arrests Evidence, DNA Arrest Evidence, Investigatory, DNA Investigatory, Forfeiture, Decedent's Property, Found Property, Safekeeping, Peddler Property, Determine True Owner, Parking Enforcement, Photo Release, Rotation Tow, Other. PROPERTY TYPE - Firearms, Controlled Substances, Currency, Jewelry, Vehicles / Boats, General Property, Evidence Collection Kits / Swabs, Explosives. PROCEDURE Upon taking property into custody, in addition to any other special procedures: UNIFORMED MEMBER OF THE SERVICE 1. Enter circumstances and description of property in ACTIVITY LOG (PD112-145). 2. Notify desk officer. a. If property is a vehicle unable to be driven, inform desk officer to request authorized tow / rotation tow, as appropriate. 3. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). a. Comply with instructions in the Property and Evidence Tracking System. 4. Notify Stolen Property Inquiry Section to cancel or transmit an alarm, as necessary. 5. Notify owner, if known. 6. Cancel alarm for stolen vehicle only after owner takes possession or vehicle has been removed to Property Clerk facility or rotation tow storage facility. 7. Enter notifications and results of inquiries on WORKSHEET. 8. Deliver property and completed WORKSHEET to desk officer of command of record. DESK OFFICER 9. Review WORKSHEET for accuracy. 10. Submit approved WORKSHEET to command clerk for entry into the Property and Evidence Tracking System. COMMAND CLERK 11. Enter WORKSHEET into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). 12. Record time and name of FINEST operator who transmitted alarm cancellation on appropriate INVOICE, if applicable. UNIFORMED MEMBER OF THE SERVICE 13. Ensure all property is properly tagged, packaged or sealed, and clearly identified by INVOICE number and barcode. 14. Ensure that every bag / security envelope or item that can not fit in a bag / security envelope, has a Property and Evidence Tracking System bar-coded label affixed to the upper right hand corner or a Property Clerk Division seal attached to the bag / property. a. Affix the Property and Evidence Tracking System bar-coded label to the upper right hand corner of windshield of all automobiles / boats. 15. Digitally sign INVOICE verifying accuracy and completeness. DESK OFFICER 16. Review and digitally sign INVOICE verifying accuracy and completeness. 17. Photocopy INVOICE and forward, direct, to the Commanding Officer, Firearms and Tactics Section, if item being invoiced is a bullet resistant garment. 18. Ensure property is properly stored and location is entered into the Property and Evidence Tracking System utilizing the Property and Evidence Tracking System barcode scanner when available. a. Manually enter storage location if barcode scanner is unavailable. 19. Safeguard property until properly disposed of. 20. Telephone New York State Tax Office for pickup of property owned by Division of Lottery. DO NOT send to Property Clerk. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS A separate PROPERTY CLERK INVOICE will be prepared for each of the following: a. Different property types b. Different property categories c. Different owners d. Property that will be delivered to different locations (e.g., Police Laboratory, Property Clerk, Bomb Squad, OCME, etc.). When preparing a PROPERTY CLERK INVOICE where the items invoiced will be sent or have the potential to be sent to the Police Laboratory for laboratory analysis, the INVOICE will not exceed twenty line items. Uniformed members of the service who do not have a username and/or password and the members of other police agencies will sign PROPERTY CLERK INVOICE utilizing the digital signature device. When a vehicle removed by the Sanitation Department or invoiced by this Department has obvious fire damage, the invoicing member will notify Fire Department borough dispatcher; however no COMPLAINT REPORT (PD313-152) will be prepared. A Fire Marshal will determine if arson occurred and prepare a COMPLAINT REPORT, if necessary. To avoid confusion, do not use the terms "pairs" or "sets" when invoicing property (e.g., a "pair" of trousers, scissors, etc., refers to one item while a "pair" of shoes, gloves, etc., refers to two items). The term "set" (e.g., chess set, golf set, etc.) does not specifically indicate how many items within the "set." Therefore, when invoicing property, the actual number of items will be entered in the box captioned "quantity" on the INVOICE and no reference will be made to "pairs" or "sets." When members of the service are invoicing items due to a large scale / bulk seizure (arrest related) or investigatory / operational purchases (UC or CI) and there are two or more cases / boxes which contain several items, the invoicing member will ensure a Property and Evidence Tracking System bar-coded label is affixed to the upper right corner of each case / box as well as the INVOICE number related to the bar-coded label. The invoicing member will ensure that the actual number of items contained in each case / box is properly entered on the INVOICE. FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) P.G. 218-02 Return Of Property/Vehicles At Command And Processing Voided Property Invoices Date Effective: 08/01/13 PURPOSE To return all property listed on an invoice to legal claimant at a command and process voided property invoices. PROCEDURE When all property listed on an invoice is returned to legal claimant at the command or when processing voided invoices: DESK OFFICER 1. Require the claimant to produce valid identification, preferably photo identification. (See P.G. 208-28, "Identification Standards for Desk Appearance Tickets", step "1", for examples of satisfactory forms of valid identification.) 2. Check property/vehicle against PROPERTY CLERK INVOICE (PD521-141). 3. Request claimant examine security lead seal and / or Plastic Security Envelope and check against number entered on INVOICE (if seal or envelope is used), prior to breaking seal or opening envelope. 4. Complete the "Release/Disposition - Return To Owner" function utilizing the Property and Evidence Tracking System. a. Have claimant sign for item(s) utilizing the digital signature capture device. 5. Ensure alarm has been canceled and a notation has been made on INVOICE utilizing the Property and Evidence Tracking System. 6. Approve delivery of property / vehicle utilizing username and password. 7. Release property / vehicle to claimant. VOIDED PROPERTY INVOICES: 8. Utilize the "Void Invoice" function, if INVOICE has not been approved by a supervisor. 9. Notify the integrity control officer (ICO) to void INVOICE, if INVOICE has been approved by a supervisor. a. Create a new INVOICE and enter into "Remarks" section the number of the INVOICE to be voided by the ICO, if ICO is unavailable. Inform ICO of new INVOICE number, when he / she is next available. INTEGRITY CONTROL OFFICER 10. Utilize the "Void Invoice" function. a. Enter reason for voiding in the "Remarks" section. b. Cross-reference the new INVOICE number, if applicable. DESK OFFICER 11. Print an updated version of voided INVOICES and INVOICES that have been returned to owner (R.T.O.) at the command and file in precinct of record, as follows: a. PROPERTY CLERK INVOICES will be maintained in designated files in INVOICE number order with photocopy of claimant's identification, and / or related documents (i.e., District Attorney's Release, etc.) if any, attached. b. All other copies may be discarded. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Most mistakes or errors on INVOICES should be corrected utilizing the "Update Invoice" function instead of the "Void Invoice" function in the Property and Evidence Tracking System. Once an INVOICE has been approved by a supervisor, the INVOICE can only be voided by the integrity control officer of the command where the property is physically located. If a pre-printed serial numbered PROPERTY CLERK INVOICE or PROPERTY CLERK'S MOTOR VEHICLE/BOAT INVOICE (PD571-147), prepared prior to the implementation of the Property and Evidence Tracking System, is to be voided, mark the INVOICE "VOIDED" and file the INVOICE at the command. The property listed on the "VOIDED" pre-printed serial numbered INVOICE will then be invoiced utilizing the Property and Evidence Tracking System. Commanding officer concerned will investigate circumstances of missing INVOICES and take appropriate action. When an investigation is being conducted, property invoiced pertaining to the case will not be released to a claimant without authorization of investigating officer. Stamped or perforated currency will never be returned to a claimant or deposited in the Property Clerk's account in any bank under any circumstances. This currency will be forwarded to the Property Clerk who will arrange for reimbursement of the claimant. Each July, the operations coordinator will ensure that the previous calendar year's filed INVOICES are placed in a box, label to identify contents, and forwarded to the Property Clerk's warehouse where they will be maintained for the remainder of the retention period (six years). RELATED PROCEDURES Invoicing Property - General Procedure (P.G. 218-01) Identification Standards for Desk Appearance Tickets (P.G. 208-28) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) PROPERTY LOG (PD521-147) P.G. 218-03 Delivery Of Property Other Than Vehicle/Boat To Property Clerk Date Effective: 08/01/13 PURPOSE To forward invoiced property to Property Clerk. PROCEDURE When property is to be delivered to Property Clerk. PROPERTY DELIVERED TO PROPERTY CLERK BY COMMAND MESSENGER: DESK OFFICER 1. Utilize the Property and Evidence Tracking System to create a PROPERTY TRANSFER REPORT (PD521-1412). a. Assign a member of the service to be the command messenger. COMMAND MESSENGER 2. Compare PROPERTY CLERK INVOICES (PD521-141) against property for completeness and accuracy. 3. Digitally sign PROPERTY TRANSFER REPORT if no discrepancies. IF DISCREPANCIES EXIST: 4. Notify desk officer if any item listed on the PROPERTY CLERK INVOICES is missing. DESK OFFICER 5. Conduct immediate investigation and notify commanding officer / duty captain and Internal Affairs Bureau (IAB) Command Center when any item listed on PROPERTY CLERK INVOICE is missing. 6. Ensure IAB Log Number is entered in the "Remarks" section of the PROPERTY CLERK INVOICE. IF DISCREPANCIES NO LONGER EXIST OR HAVE BEEN CORRECTED: COMMAND MESSENGER 7. Deliver property to appropriate Property Clerk storage facility. MEMBER OF THE SERVICE, PROPERTY CLERK DIVISION 8. Compare property delivered against PROPERTY TRANSFER REPORT and INVOICE and, if accurate, confirm acceptance of property in the Property and Evidence Tracking System. 9. Notify immediate supervisor, Property Clerk Division integrity control officer and Internal Affairs Bureau, if any item listed on PROPERTY CLERK INVOICES or PROPERTY TRANSFER REPORT is missing. 10. Ensure IAB Log Number is entered in the "Remarks" section of the PROPERTY CLERK INVOICE utilizing the Property and Evidence Tracking System, when IAB has been notified of any discrepancy. 11. Select appropriate rejection reason in the Property and Evidence Tracking System and return property to forwarding command with command messenger, if applicable. 12. Approve receipt of delivery utilizing username and password under PROPERTY TRANSFER REPORT, if property is accepted. COMMAND MESSENGER 13. Return property to desk officer, if applicable. DESK OFFICER 14. Accept transfer of rejected property utilizing the Property and Evidence Tracking System. 15. Have necessary corrections made for any returned property. a. Have investigation conducted, if appropriate. INTEGRITY CONTROL OFFICER 16. Verify that all property not forwarded to the Property Clerk or Police Laboratory is accounted for and adequately secured at command. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS If there are additional items which were not originally listed on a PROPERTY CLERK INVOICE, the additional items will be invoiced separately and cross-referenced to the original related INVOICE utilizing the related invoice function in the Property and Evidence Tracking System. It is important to note that the member of the service assigned and listed on a PROPERTY TRANSFER REPORT as the command messenger within the Property and Evidence Tracking System, must be the member of the service who transfers and delivers the property to the Property Clerk Division. RELATED PROCEDURES Invoicing Property - General Procedure (P.G. 218-01) Return of Property/Vehicles at Command And Processing Voided Property Invoices (P.G. 218-02) FORMS AND REPORTS PROPERTY TRANSFER REPORT (PD521-1412) PROPERTY CLERK INVOICE (PD521-141) P.G. 218-04 Delivery Of Evidence To The Police Laboratory Date Effective: 08/01/13 PURPOSE To provide a standard procedure for the delivery of evidence from a precinct, PSA and transit district command to the Police Laboratory. DEFINITIONS CRIMINALISTICS EVIDENCE - Trace evidence (e.g., hair, fiber, paint, gun shot residue), questioned document evidence, footwear evidence, tire tread evidence, toolmark evidence, fingerprint evidence and any other forensic evidence that is not Firearms / Firearms related evidence, Controlled Substances / Marijuana evidence or DNA evidence. PROCEDURE When Firearms / Firearms related evidence and / or Controlled Substances / Marijuana evidence and / or DNA evidence and / or Criminalistics evidence is present at a precinct, PSA and transit district command: DESK OFFICER 1. Notify the patrol borough prior to 0030 hours that Firearms / Firearms related evidence, and / or Controlled Substances / Marijuana evidence, and / or DNA evidence, and / or Criminalistics evidence is being delivered to the patrol borough. 2. Designate a uniformed member of the service to be the Command Messenger; and, to deliver Firearms / Firearms related evidence, and Controlled Substances / Marijuana evidence, and DNA evidence, and Criminalistics evidence from the precinct, PSA and transit district command to the patrol borough. FIREARMS AND FIREARMS RELATED EVIDENCE 3. Remove ALL Firearms/Firearms related evidence from the property locker / room. 4. Ensure the following are attached to each Firearms / Firearms related evidence container / package: a. Copy of the OMNIFORM computer generated COMPLAINT REPORT (PD313-152) or, if unavailable, a copy of the COMPLAINT REPORT WORKSHEET (PD313-152a) b. REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) c. Appropriate copies of PROPERTY CLERK INVOICE (PD152-141) d. FINEST printout for each firearm. 5. Create a PROPERTY TRANSFER REPORT (PD521-1412) utilizing the Property and Evidence Tracking System to ensure all Firearms/ Firearms related evidence is appropriately entered in compliance with Department procedures. 6. Compare each Firearms/ Firearms related evidence container / package to each associated / related PROPERTY CLERK INVOICE and to each associated / related PROPERTY TRANSFER REPORT. a. Ensure all Firearms / Firearms related evidence is properly accounted for. 7. Ensure ALL Firearms/ Firearms related evidence was removed from the property locker / room. 8. Place all Firearms / Firearms related evidence in a SEPARATE transparent bag together with all associated / related forms, reports, records, etc. 9. Seal each transparent bag containing Firearms / Firearms related evidence with a plastic Property Clerk Division Seal. a. Enter each Property Clerk Division seal number in the PROPERTY LOG (PD521-147) to account for each seal used. 10. Safeguard each transparent bag containing Firearms / Firearms related evidence at the precinct, PSA and transit district desk until transported to the patrol borough by the command messenger. CONTROLLED SUBSTANCES / MARIJUANA EVIDENCE 11. Remove the security lead seal from the Controlled Substances / Marijuana locker / safe. 12. Enter in the Command Log the serial number of the security lead seal removed from the Controlled Substances / Marijuana locker / safe. 13. Remove ALL narcotic security envelopes and ALL other Controlled Substances / Marijuana evidence containers / packages from the Controlled Substances / Marijuana locker / safe. 14. Lock Controlled Substances / Marijuana locker / safe and affix a new security lead seal. 15. Enter in the Command Log the serial number of the new security lead seal affixed to the Controlled Substances / Marijuana locker / safe. a. Make entry in the PROPERTY LOG to account for new security lead seal. 16. Ensure the following are attached to each Controlled Substances / Marijuana evidence container / package: a. Appropriate copies of PROPERTY CLERK INVOICE. b. If applicable, a copy of all associated / related ON LINE BOOKING SYSTEM ARREST WORKSHEETS. 17. Ensure appropriate copies of PROPERTY CLERK INVOICE are attached to each Controlled Substances / Marijuana evidence container / package. 18. Create a PROPERTY TRANSFER REPORT, utilizing the Property and Evidence Tracking System to ensure all Controlled Substances / Marijuana evidence is appropriately entered in compliance with Department procedures. a. Contact the Police Laboratory's Evidence Control Supervisor prior to the delivery of hypodermic needles, large seizures of marijuana, large containers containing liquids, etc. 19. Compare each Controlled Substances / Marijuana evidence container / package to each associated / related PROPERTY CLERK INVOICE and to each associated / related PROPERTY TRANSFER REPORT. a. Ensure all Controlled Substances / Marijuana evidence is properly accounted for. 20. Place all Controlled Substances / Marijuana evidence in a SEPARATE transparent bag along with all associated / related forms, reports, records, etc. 21. Seal each transparent bag containing Controlled Substances / Marijuana evidence with a plastic Property Clerk Division Seal. a. Enter each Property Clerk Division Seal Number in the PROPERTY LOG to account for each Property Clerk Division seal used. 22. Safeguard each transparent bag containing Controlled Substances / Marijuana evidence at the precinct, PSA and transit district desk until transported to the patrol borough by the command messenger. DNA EVIDENCE 23. Remove ALL DNA evidence including Sexual Offense Evidence Collection Kits from the property locker / room. 24. Ensure the following are prepared and attached to each DNA evidence container / package: a. Copy of the COMPLAINT REPORT WORKSHEET or, if available, a copy of the OMNIFORM computer generated COMPLAINT REPORT b. REQUEST FOR LABORATORY EXAMINATION REPORT c. Appropriate copies of PROPERTY CLERK INVOICE d. If applicable, a copy of all associated / related ON LINE BOOKING SYSTEM ARREST WORKSHEETS. 25. Create a PROPERTY TRANSFER REPORT, utilizing the Property and Evidence Tracking System to ensure all DNA evidence is appropriately entered in compliance with Department procedures. 26. Compare each DNA evidence container / package to each associated / related PROPERTY CLERK INVOICE and to each associated / related PROPERTY TRANSFER REPORT. a. Ensure all DNA evidence is properly accounted for. 27. Ensure ALL DNA evidence was removed from the property locker / room. 28. Place all DNA evidence in a SEPARATE transparent bag along with all associated / related forms, reports, records, etc. 29. Seal each transparent bag containing DNA evidence with a plastic Property Clerk Division Seal. a. Enter each Property Clerk Division Seal Number in the PROPERTY LOG to account for each Property Clerk Division seal used. 30. Affix an orange bio-hazard sticker on each transparent bag containing DNA evidence. 31. Safeguard each transparent bag containing DNA evidence at the precinct, PSA and transit district desk until transported to the patrol borough by the command messenger. CRIMINALISTICS EVIDENCE 32. Remove ALL Criminalistics evidence from the property locker / room. 33. Ensure the following are prepared and attached to each Criminalistics evidence container / package: a. Copy of the COMPLAINT REPORT WORKSHEET or, if available, a copy of the OMNIFORM computer generated COMPLAINT REPORT b. REQUEST FOR LABORATORY EXAMINATION REPORT c. Appropriate copies of PROPERTY CLERK INVOICE d. If applicable, a copy of all associated / related ON LINE BOOKING SYSTEM ARREST WORKSHEETS. 34. Create a PROPERTY TRANSFER REPORT, utilizing the Property and Evidence Tracking System to ensure all Criminalstics evidence is appropriately entered in compliance with Department procedures. 35. Compare each Criminalistics evidence container / package to each associated / related PROPERTY CLERK INVOICE and to each associated / related PROPERTY TRANSFER REPORT. a. Ensure all Criminalistics evidence is properly accounted for. 36. Ensure ALL Criminalistics evidence was removed from the property locker / room. 37. Place all Criminalistics evidence in a SEPARATE transparent bag along with all associated / related forms, reports, records, etc. 38. Seal each transparent bag containing Criminalistics evidence with a plastic Property Clerk Division Seal. a. Enter each Property Clerk Division Seal Number in the PROPERTY LOG to account for each seal used. 39. Safeguard each transparent bag containing Criminalistics evidence at the precinct, PSA and transit district desk until transported to the patrol borough by the command messenger. IN ALL CASES 40. Make an entry in Command Log including a. All PROPERTY CLERK INVOICE numbers b. Rank, name and tax # of the command messenger c. Department vehicle # of the assigned vehicle d. The total number of transparent bags being delivered to the designated patrol borough delivery location e. Plastic Property Clerk Division Seal Number on each transparent bag. COMMAND MESSENGER 41. Compare all PROPERTY TRANSFER REPORTS against Property Clerk Division seals. 42. Digitally sign PROPERTY TRANSFER REPORTS. DESK OFFICER 43. Digitally sign PROPERTY TRANSFER REPORTS. COMMAND MESSENGER 44. Immediately deliver all of the transparent bags direct to the designated patrol borough delivery location. PATROL BOROUGH MEMBER 45. Inspect EACH transparent bag, and ensure: a. Each transparent bag delivered to the patrol borough by each command is properly listed on the appropriate PROPERTY TRANSFER REPORT b. Each transparent bag that is listed on each PROPERTY TRANSFER REPORT was delivered to the patrol borough c. If accurate, confirm acceptance of PROPERTY TRANSFER REPORTS in Property and Evidence Tracking System. 46. Print completed PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) for each PROPERTY TRANSFER REPORT accepted, and provide to command messenger. 47. Select appropriate rejection reason in the Property and Evidence Tracking System, if property is not accepted. a. Create a PROPERTY TRANSFER REPORT from the patrol borough to the appropriate precinct, PSA or transit district and forward to command with command messenger. COMMAND MESSENGER 48. Deliver each PROPERTY TRANSFER REPORT ACCPETANCE DOCUMENT to the desk officer. DESK OFFICER 49. File each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT. TRANSFERS FROM PATROL BOROUGH TO POLICE LABORATORY PATROL BOROUGH MESSENGER 50. Create separate PROPERTY TRANSFER REPORT utilizing the Property and Evidence Tracking System for all Firearms / Firearms related evidence, Controlled Substances / Marijuana evidence, DNA evidence, and Criminalistics evidence and digitally sign PROPERTY TRANSFER REPORT. a. Ensure that each PROPERTY TRANSFER REPORT does not contain more than three commands in order to expedite the intake process at the Police Laboratory. b. Utilize the reusable nylon mesh bags provided by the Property Clerk Division to bundle several transparent bags, if necessary. (1) Upon completion of delivery, return nylon mesh bags to patrol borough. PATROL BOROUGH MEMBER (Wheel Officer) 51. Review and digitally sign PROPERTY TRANSFER REPORT. PATROL BOROUGH MESSENGER 52. Immediately deliver ALL of the transparent bags direct to the Police Laboratory, and ensure the evidence arrives at the Police Laboratory before 0200 hours. a. The Police Laboratory will be responsible for delivering all DNA evidence to the OCME laboratory. 53. Transfer all transparent bags to the appropriate Police Laboratory Evidence Control Officers. a. Firearms / Firearms related evidence - Firearms Analysis Section, Evidence Control Officers. b. Controlled Substances / Marijuana evidence - Controlled Substance Analysis Section, Evidence Control Officers. c. DNA evidence - DNA Evidence Intake, Evidence Control Officers. d. Criminalistics evidence - Criminalistics Section, Evidence Control Officers. POLICE LABORATORY EVIDENCE CONTROL OFFICERS 54. Inspect EACH TRANSPARENT BAG DELIVERED BY EACH Patrol Borough Messenger; and, ensure: a. Each transparent bag delivered to the Police Laboratory by each Patrol Borough Messenger is properly listed on the appropriate PROPERTY TRANSFER REPORT b. Each transparent bag listed on each PROPERTY TRANSFER REPORT was delivered to the Police Laboratory. 55. Notify an appropriate Evidence Control Supervisor if there is a discrepancy. POLICE LABORATORY EVIDENCE CONTROL SUPERVISOR 56. If there is a discrepancy involving the results of the inspection: a. Notify the appropriate / involved: (1) Patrol borough duty captain (2) Patrol borough member of the service ("Wheel Officer") (3) Desk Officer. b. Conduct an investigation c. Prepare a report on Typed Letterhead to the Commanding Officer, Forensic Investigations Division regarding the results of the investigation involving the evidence delivery discrepancy. PATROL BOROUGH DUTY CAPTAIN 57. Notify Internal Affairs Bureau regarding discrepancy. POLICE LABORATORY EVIDENCE CONTROL OFFICERS 58. Inspect all of the contents of each transparent bag in the presence of the appropriate Patrol Borough Messenger, and verify the following: a. Each evidence container / package present in each transparent bag is listed on a PROPERTY CLERK INVOICE that is attached thereto b. Each evidence container / package listed on each INVOICE is present in each transparent bag c. Each INVOICE present in each transparent bag is listed on a PROPERTY TRANSFER REPORT d. Each INVOICE listed on each PROPERTY TRANSFER REPORT is present in each transparent bag e. If accurate, confirm acceptance of PROPERTY TRANSFER REPORT in the Property and Evidence Tracking System. 59. Confer with Patrol Borough Messenger regarding the results of the inspection of the contents of each transparent bag. 60. Notify an appropriate Evidence Control Supervisor if there is a discrepancy. POLICE LABORATORY EVIDENCE CONTROL SUPERVISOR 61. If there is a discrepancy involving the results of the inspection: a. Notify the appropriate / involved: (1) Patrol borough duty captain (2) Patrol borough member of the service ("Wheel Officer") (3) Desk Officer. b. Conduct an investigation c. Prepare a report on Typed Letterhead to the Commanding Officer, Forensic Investigations Division regarding the results of the investigation involving the evidence delivery discrepancy. d. Make the necessary entries in "Remarks" section in on one or more appropriate INVOICE(S) / PROPERTY TRANSFER REPORT(S). PATROL BOROUGH DUTY CAPTAIN 62. Notify Internal Affairs Bureau regarding discrepancy. POLICE LABORATORY EVIDENCE CONTROL OFFICERS 63. Assign an appropriate Police Laboratory "Laboratory Number" to each INVOICE listed on each PROPERTY TRANSFER REPORT present in each transparent bag. 64. Print four copies of the PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT for each PROPERTY TRANSFER REPORT accepted. a. Provide three copies to the Patrol Borough Messenger b. Retain one copy for Police Laboratory use. PATROL BOROUGH MESSENGER 65. Obtain three copies of the PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT for each PROPERTY TRANSFER REPORT that lists: a. Firearms / Firearms related evidence b. DNA evidence c. Criminalistics evidence. 66. If extraordinary circumstances exist, obtain three copies of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT that list Controlled Substances / Marijuana evidence. 67. Deliver all of the PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENTS to the patrol borough. POLICE BOROUGH SUPERVISOR 68. File one copy of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT at the patrol borough. 69. Ensure one copy of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT is delivered to the appropriate precinct, PSA and transit district. 70. Ensure one copy of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT that lists Firearms / Firearms related evidence, and / or DNA evidence, and / or Criminalistics evidence, and / or if applicable, Controlled Substances / Marijuana evidence is hand delivered by 0900 hours each day to the Detective Borough. DETECTIVE BOROUGH SUPERVISOR 71. Ensure daily that one copy of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT that lists Firearms / Firearms related evidence, and /or DNA evidence, and/or Criminalistics evidence, and/or if applicable, Controlled Substances / Marijuana evidence is: a. Received from the involved patrol borough; and, b. Delivered to the appropriate detective squad. DETECTIVE SQUAD SUPERVISOR 72. Ensure all DNA evidence and all Firearms / Firearms related evidence and all Criminalistics evidence and, if applicable, all Controlled Substances / Marijuana evidence and all other forensic evidence is delivered to and actually received by the correct laboratory or laboratories in a timely manner in compliance with the applicable Department procedures. 73. Ensure one copy of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT is immediately placed in the appropriate case file. 74. Ensure a COMPLAINT FOLLOW-UP (PD313-081) is generated and placed in the appropriate case file indicating the: a. Date and time of delivery of all DNA evidence and all Firearms / Firearms related evidence and all Criminalistics evidence and, if applicable, all Controlled Substances / Marijuana evidence and all other forensic evidence delivered to the Police Laboratory and/or the OCME DNA Laboratory and/or any other Laboratory / Unit; and, b. Police Laboratory and/or OCME DNA Laboratory and/or other Laboratory / Unit "Evidence Control Number" for all DNA evidence and all Firearms / Firearms related evidence and all Criminalistics evidence and, if applicable, all Controlled Substances / Marijuana evidence and all other forensic evidence delivered to the Police Laboratory and/or the OCME DNA Laboratory and/or any other Laboratory / Unit. ITEMS REJECTED AT POLICE LABORATORY POLICE LABORATORY EVIDENCE CONTROL OFFICERS 75. Select the appropriate rejection reason. PATROL BOROUGH MESSENGER 76. Review and digitally sign PROPERTY TRANSFER REPORT returning items to Patrol Borough. POLICE LABORATORY EVIDENCE CONTROL SUPERVISOR 77. Digitally sign PROPERTY TRANSFER REPORT returning items to Patrol Borough. PATROL BOROUGH MESSENGER 78. Deliver rejected items and PROPERTY TRANSFER REPORT to Patrol Borough. PATROL BOROUGH MEMBER (Wheel Officer) 79. Confirm acceptance of PROPERTY TRANSFER REPORT utilizing the Property and Evidence Tracking System. 80. Notify desk officer command concerned of rejected items. DESK OFFICER COMMAND CONCERNED 81. Instruct command messenger to retrieve rejected items from Patrol Borough. PATROL BOROUGH MEMBER (Wheel Officer) 82. Create separate PROPERTY TRANSFER REPORT utilizing the Property and Evidence Tracking System for each command for all rejected items and electronically sign PROPERTY TRANSFER REPORT. COMMAND MESSENGER 83. Review and digitally sign PROPERTY TRANSFER REPORT. 84. Deliver rejected items and PROPERTY TRANSFER REPORT to desk officer. DESK OFFICER 85. Confirm acceptance of PROPERTY TRANSFER REPORT utilizing the Property and Evidence Tracking System. 86. Ensure that all corrections are completed for rejected items. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Due to the danger in handling and analyzing hypodermic needles, they will be delivered directly to a Property Clerk facility and not delivered to the Police Laboratory for analysis unless there is a serious felony charge associated with such evidence other than Criminal Sale or Possession of a Controlled Substance. The Police Laboratory's Evidence Control Supervisor is available twenty-four hours a day, seven days a week to provide guidance to members of the service regarding this matter. Due to a limited amount of storage space at the Police Laboratory and to ensure the safety of all members concerned, cases involving large seizures of Marijuana or any other unusual or potential harmful material, such as large containers of liquids (e.g., PCP, acids, etc.), a Police Laboratory Evidence Control Supervisor must be conferred with for direction prior to the evidence being delivered to the Police Laboratory. Unless there are exigent circumstances, desk officers must ensure that Controlled Substances/Marijuana evidence and Firearms/Firearms related evidence and DNA evidence and Criminalistics evidence are delivered to the patrol borough each day on the first platoon prior to 0100 hours. If exigent circumstances exist, the desk officer must obtain the approval from the commanding officer / duty captain to not comply with this procedure. Each day, at 0100 hours the patrol borough "Wheel Officer" will call ALL of the desk officers who failed to notify them regarding the delivery of Controlled Substances / Marijuana evidence, Firearms / Firearms related evidence, Criminalistics evidence or DNA evidence from their commands to the patrol borough, and will determine if there will be a delivery to the patrol borough. If the desk officer informs the patrol borough clerical officer that there are exigent circumstances and there will be no delivery of Controlled Substances / Marijuana evidence, Firearms / Firearms related evidence, Criminalistics evidence or DNA evidence to the patrol borough, then the borough clerical officer will immediately notify the commanding officer / duty captain. The commanding officer / duty captain will contact the involved desk officers and determine whether there are exigent circumstances to justify non compliance with this procedure, and will confer with the patrol borough clerical officer. If there are exigent circumstances to justify non compliance with this procedure, the commanding officer / duty captain will prepare a report on Typed Letterhead to the Chief of Patrol through channels describing the facts regarding the exigent circumstances and explaining why the forensic evidence could not be delivered to the patrol borough in compliance with this procedure. If an evidence delivery to the Police Laboratory is missed by a command, that command MUST deliver all controlled substances and firearms/firearms related evidence for Criminal Procedure Law 180.80 and 170.70 cases on the second platoon. It is important to note that the messenger listed on the PROPERTY TRANSFER REPORT must be the same member that delivers the evidence to the Police Laboratory. Any discrepancy between the member listed and the member who delivers the property will result in a rejection of evidence at the Police Laboratory. The Police Laboratory may reject evidence for several reasons. Reasons for valid rejections include the following: a. Unsigned voucher by officer and/or supervisor b. COMPLAINT REPORT not prepared or missing c. PROPERTY TRANSFER REPORT not prepared or missing d. REQUEST FOR LABORATORY EXAMINATION REPORT missing/incomplete e. Evidence not rendered safe (e.g., radiological, biological, bomb material not "rendered safe" by bomb squad personnel, etc., after reasonable determination by a Police Laboratory Evidence Control Section Supervisor) f. Hypodermic needle invoiced for Criminal Possession of Controlled Substance/Criminal Sale of Controlled Substance, due to the danger involved in handling (1) Hypodermic needles submitted for homicides, assaults or other major crimes will be accepted if packaged properly. g. Any evidence improperly invoiced as per Department guidelines (e.g., narcotics invoiced with Criminalistics evidence, firearm evidence invoiced with holster/silencer, items not analyzed, etc.) h. Any other evidence at the direction of the Police Laboratory Director / Deputy Director. RELATED PROCEDURES Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (Interim Order 58, series 2013) Processing Controlled Substances/Marijuana Contraband Stored at Stationhouse (P.G. 218-24) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD152-141) PROPERTY LOG (PD521-147) PROPERTY TRANSFER REPORT (PD521-1412) PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) COMPLAINT FOLLOW-UP (PD313-081) Typed Letterhead P.G. 218-05 Recording Of Arrest And Property Clerk Invoice Numbers On Arrest Related Reports Date Effective: 08/01/13 PURPOSE To determine the disposition of prisoners (i.e., pled guilty at arraignment, case dismissed at arraignment, District Attorney's Office declined to prosecute case, etc.) and to allow for the processing and/or disposing of property invoiced as arrest evidence. SCOPE This procedure applies to all uniformed members who invoiced evidence that is related to or seized in connection with an arrest. PROCEDURE Whenever evidence is to be invoiced in connection with an arrest: INVOICING MEMBER OF THE SERVICE 1. Prepare PROPERTY CLERK INVOICE (PD521-141) utilizing the Property and Evidence Tracking System with particular attention being given to the following captions: a. Age of prisoner b. Prisoner's date of birth c. COMPLAINT REPORT (PD313-152) number(s) d. Charge/offense under investigation e. Prisoner's arrest number f. Arrest number for additional prisoner(s). 2. Enter PROPERTY CLERK INVOICE (PD521-141) number in appropriate caption on the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). 3. Ensure that ALL related INVOICES are properly documented on the PROPERTY CLERK INVOICE. 4. Prepare REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168), utilizing the Property and Evidence Tracking System, if necessary. a. Enter the names, precinct of arrest, and ages of ALL prisoners whose arrest is based upon the seizure of property invoiced on the PROPERTY CLERK INVOICE. DESK OFFICER 5. Verify and ensure that ALL captions on the PROPERTY CLERK INVOICE, REQUEST FOR LABORATORY EXAMINATION REPORT and ON-LINE BOOKING SYSTEM ARREST WORKSHEET have been accurately completed, including arrest and INVOICE numbers, where appropriate. 6. Ensure that ALL related PROPERTY CLERK INVOICES, with arrest numbers entered, are delivered to the Police Laboratory, Firearms Analysis Section or Property Clerk Division at the same time. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Members of the service should be aware that it is extremely important that all defendant information be listed on the REQUEST FOR LABORATORY EXAMINATION REPORT. If all defendants are not identified, it could be possible that the invoiced arrest evidence, (i.e., firearms, controlled substances, etc.) could be destroyed before the accomplices / facilitators and other co-defendants are tried. This will result in the accomplices / facilitators criminal charges being dismissed. RELATED PROCEDURE Invoicing Property - General Procedure (P.G. 218-01) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) P.G. 218-06 Temporary Removal Of Invoiced Property From The Command Date Effective: 08/01/13 PURPOSE To account for invoiced property which is temporarily removed from the command by a uniformed member of the service. PROCEDURE When it is necessary for a uniformed member of the service to temporarily remove invoiced property from the command to court or other authorized agency: UNFORMED MEMBER OF THE SERVICE 1. Request property from the desk officer. a. Give reason for removal. DESK OFFICER 2. Verify identity of uniformed member of the service by inspecting IDENTIFICATION CARD (PD416-091), if assigned to another command. 3. Have PROPERTY TRANSFER REPORT (PD521-1412) prepared utilizing the Property and Evidence Tracking System. 4. Have the requesting officer digitally sign PROPERTY TRANSFER REPORT and capture fingerprint utilizing the digital signature device. 5. Digitally sign PROPERTY TRANSFER REPORT. 6. Print PROPERTY TRANSFER REPORT and deliver it along with the property to uniformed member of the service. UNFORMED MEMBER OF THE SERVICE 7. Obtain receipt if property is retained by court or other authorized agency. a. Make ACTIVITY LOG (PD112-145) entry. 8. Deliver property or receipt to desk officer. DESK OFFICER 9. Make entry in Command Log listing identity of member of the service delivering property or receipt and INVOICE number. 10. Forward receipt to the Property Clerk Borough Office for entry into the Property and Evidence Tracking System. 11. Check property against INVOICE utilizing the Property and Evidence Tracking System. 12. Perform "Intake" function in the Property and Evidence Tracking System. 13. Ensure property is properly stored and location is entered into the Property and Evidence Tracking System. ADDITIONAL DATA LEGAL CONSIDERATIONS All official requests for property should be accompanied by a subpoena from the requesting agency, if other than the New York City Police Department, assistant district attorneys and assistance corporation counsels. (See P.G. 211-15, "Processing Subpoenas for Police Department Records and for Testimony by Members of the Service.") RELATED PROCEDURE Processing Subpoenas For Police Department Records and for Testimony by Members of the Service (P.G. 211-15) FORMS AND REPORTS ACTIVITY LOG (PD112-145) IDENTIFICATION CARD (PD416-091) PROPERTY CLERK INVOICE (PD521-141) PROPERTY TRANSFER REPORT (PD521-1412) P.G. 218-07 Removal And Return Of Evidence To Property Clerk Division Date Effective: 08/01/13 PURPOSE To control removal and return of evidence from Property Clerk facility for presentation in court. PROCEDURE When evidence in custody of the Property Clerk is required in court or other authorized agency: UNIFORMED MEMBER OF THE SERVICE 1. Request evidence from member assigned to Property Clerk facility and: a. Give PROPERTY CLERK INVOICE (PD521-141) number. b. Present written authorization from commanding officer to remove evidence if not listed as "INVOICING" officer on INVOICE c. Present shield and IDENTIFICATION CARD (PD416-091) d. Receipt for evidence as required. 2. Take POLICE LABORATORY CONTROLLED SUBSTANCE ANALYSIS REPORT (PD521-153) to court with controlled substances/ marijuana evidence. WHEN COURT IS ADJOURNED FOR THE DAY: 3. Obtain receipt for evidence, if held by court, District Attorney or other authorized agency. 4. Obtain copy of court order from court clerk and receipt from claimant if court directs release of property. 5. Deliver packages of controlled substances / marijuana, which have been opened in court to Police Laboratory for repackaging and sealing. 6. Telephone appropriate Property Clerk facility in advance and prior to closing for instructions regarding return of property and/or receipt if delayed in court and unable to return property as required. 7. Inform member at Property Clerk facility of estimated time of dismissal from court or arrival at Property Clerk facility. 8. Deliver property or receipt to designated precinct desk officer if instructed to do so by member of the Property Clerk. DESK OFFICER 9. Make entry in Command Log listing identity of member of the service delivering property or receipt and INVOICE number. PROPERTY CLERK DIVISION 10. Notify member's command if member of service fails to return property or receipt for property at end of day. COMMANDING OFFICER/MEMBER CONCERNED 11. Direct member concerned to return property or receipt immediately. 12. Institute corrective action. 13. Prepare report on Typed Letterhead for information of commanding officer of next higher command indicating reason member did not return property/receipt and any corrective action taken. WHEN PROPERTY IS RETURNED TO PRECINCT STATION HOUSE: DESK OFFICER 14. Check property against INVOICE utilizing the Property and Evidence Tracking System. 15. Perform intake utilizing the "Intake from an External Agency" function in the Property and Evidence Tracking System. 16. Ensure property is properly stored and location is entered into the Property and Evidence Tracking System. 17. Safeguard property pending pick up by representative of Property Clerk Division. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS If property or receipt for property is not returned to Property Clerk Division, a FINEST Message will be transmitted to all commands including the INVOICE number, name, shield number and command of member of the service who failed to return property. FORMS AND REPORTS IDENTIFICATION CARD (PD416-091) POLICE LABORATORY CONTROLLED SUBSTANCE ANALYSIS REPORT (PD521-153) PROPERTY CLERK INVOICE (PD521-141) Typed Letterhead P.G. 218-08 Field Testing Of Marijuana By Selected Uniformed Members Of The Service Within The Patrol Services And Housing Bureaus Date Effective: 08/01/13 PURPOSE To allow for field testing of marijuana by selected uniformed members of the service assigned to the Patrol Services Bureau and Housing Bureau. SCOPE Authorized uniformed members of the service assigned to precincts and Housing Bureau Police Service Areas, who have been trained in marijuana field testing, will conduct marijuana field tests in the command when an arrest is made for a misdemeanor or violation involving marijuana. PROCEDURE When an arrest is made for a misdemeanor or violation involving marijuana sale or possession by trained uniformed members of the service, follow normal arrest procedures and: AUTHORIZED UNIFORMED MEMBER OF THE SERVICE 1. Obtain field test kit and make appropriate entries. 2. Conduct a field test on a small sample of the alleged marijuana using the field test kit with its provided loading device. a. Conduct test in a semi-private location specifically designated for field testing. b. Wear protective gloves, if possible. c. Thoroughly clean table surface before and after conducting the field test. d. Only use the loading device that is provided with the field test to load a small sample of marijuana into the field test kit. 3. Perform the field test, sign and seal procedure in the presence of a trained supervisor. 4. Perform a separate field test on marijuana seized from each prisoner. a. If four persons are arrested and marijuana is seized from three of these persons, then ALL three marijuana seizures will be field tested. 5. Follow the procedures listed below when conducting the field test on a container of marijuana or a marijuana cigarette, in the presence of a trained supervisor: a. For each prisoner, open one container/cigarette of seized marijuana and using the loading device conduct a field test on a small portion of the substance contained therein. b. A field test will be conducted even if only one container / cigarette is seized, provided that there is a sufficient amount of marijuana remaining in the container / cigarette after the field test has been conducted to permit the remaining marijuana to be analyzed by the Police Laboratory. c. If more than one container / cigarette of marijuana is seized from a specific person and the first container / cigarette is field tested with negative results, then field test subsequent container(s) / cigarette(s) until a positive result is obtained OR five container(s) / cigarette(s) have field tested negative. (1) Once a positive result has been obtained, DO NOT open or field test any additional container(s) / cigarette(s) of marijuana seized from one specific person. (2) Never field test more than five containers/cigarettes of marijuana seized from one specific person. d. After a container / cigarette of marijuana is opened and has field tested positive, the container / cigarette will be resealed and the container / cigarette will be placed in a SEPARATE zip-lock bag. This will allow the Police Laboratory criminalists to identify and analyze the field tested container / cigarette when laboratory analysis is required by the District Attorney's Office. e. Containers/cigarettes that are not field tested will NOT be placed in a zip-lock bag. f. The field tested container / cigarette in the zip-lock bag that tested positive will be listed on the PROPERTY CLERK INVOICE (PD521- 141) as Item #1. g. If several container(s) / cigarette(s) are field tested: (1) The container / cigarette which tested positive will be placed in a SEPARATE zip-lock bag. The container / cigarette that was field tested with positive results will be identified as such by marking the outside of the zip-lock bag, "POS." This bag will be listed as "Item #1" on the PROPERTY CLERK INVOICE. (2) The remaining container(s) / cigarette(s) that are field tested with negative results will ALL be placed into a SEPARATE zip-lock bag. The zip-lock bag holding container(s) / cigarette(s) of marijuana, which were field tested with negative results, will be identified as such by marking the outside of the zip-lock bag "NEG." Container(s) / cigarette(s) which field tested NEGATIVE will be listed as "Item #2" on the PROPERTY CLERK INVOICE. (3) The non-field tested container(s) / cigarette(s) will not be placed into a zip-lock bag and will be listed as "Item #3" on the PROPERTY CLERK INVOICE. h. The container / cigarette in the zip-lock bag marked "POS" and the container(s) / cigarette(s) in the zip-lock bag marked "NEG" and the container(s) / cigarette(s) that were not field tested, will ALL be placed into the Narcotics Evidence Envelope (Misc. 242). (1) Place sealed and signed Narcotic Evidence Envelope inside of a Plastic Security Envelope. (2) Ensure that the captions on the Narcotic Evidence Envelope are visible through the rear of the Plastic Security Envelope. (3) Seal Plastic Security Envelope by removing paper strip exposing the pre-applied adhesive and fold the top of envelope over aligning blue circles. Sign name, shield number, command and date across seal. (4) The serial numbers of both envelopes are recorded on the PROPERTY CLERK INVOICE utilizing the "Packaging Function" in the Property and Evidence Tracking System. i. When an officer conducts a field test and is uncertain whether the results are Positive or Negative then: (1) Consult with a supervisor and obtain clarification. (2) If the field testing officer is still uncertain after consulting with the supervisor, record the field test result as NEGATIVE. j. DO NOT reseal opened container / cigarettes of marijuana with tape unless it is absolutely necessary. If tape must be used to reseal an opened container / cigarette, use as little as possible. k. DO NOT tape separate individual marijuana container(s) / cigarette(s) together. Always try to avoid using tape when invoicing container(s) / cigarette(s) of marijuana. 6. Prepare a separate MARIJUANA FIELD TEST REPORT for each prisoner whose marijuana was field tested. a. Utilize the FIELD TEST REPORT appropriate to the borough of arrest. 7. Attach the triplicate copy (pink) of the completed MARIJUANA FIELD TEST REPORT(S) to the PROPERTY CLERK INVOICES and the invoiced marijuana and forward to the Police Laboratory in the normal manner. a. If marijuana from two or more prisoners is invoiced on one PROPERTY CLERK INVOICE, attach one copy of EACH related FIELD TEST REPORT to the one PROPERTY CLERK INVOICE. b. If marijuana from two or more prisoners is invoiced on one PROPERTY CLERK INVOICE, in the "Remarks" column of the PROPERTY CLERK INVOICE, list EACH prisoner's name and next to their name print in bold letters, "FIELD TESTED POSITIVE," or "FIELD TESTED NEGATIVE." 8. Deliver original (white) copy and duplicate (blue) copy of FIELD TEST REPORT with arrest package to the Assistant District Attorney at the Complaint Room. a. Include in the arrest package a completed Supporting Deposition with the caption "Buyer" and / or "Seller" as appropriate. 9. Dispose of used field test kit(s) and loading devices in the precinct plastic glove disposal receptacle. SUPERVISOR CONCERNED 10. Witness field test, sign and seal. 11. Ensure that used field test kit is properly disposed of. 12. Ensure all forms prepared by authorized member of the service are complete and accurate. a. Ensure that the various reports that are prepared in connection with the same arrest(s) or seizure(s) accurately and consistently reflect the circumstances of the incident. 13. Follow P.G. 210-13, "Release of Prisoners" for a negative field test(s). ADDITIONAL DATA OPERATIONAL CONSIDERATIONS The Police Laboratory will notify the Chief of Patrol, Chief of Housing, Chief of Transit, or the Chief of OCCB, as appropriate, whenever the field test results are different from the results obtained by a Police Laboratory criminalist. This is referred to as a field test "discrepancy." The Police Laboratory will also notify the Chief of Patrol, Chief of Housing, Chief of Transit, or the Chief of OCCB, as appropriate of all procedural, clerical and / or administrative errors made with regard to conducting field tests (e.g. incomplete / incorrect preparation of FIELD TEST REPORTS, failing to conduct field tests when required, improperly packaging field tested container(s) / cigarette(s), etc.). Zip-lock bags and field testing kits can be obtained from the Quartermaster Section. DEPARTMENT POLICY Only uniformed members of the service who have received field testing training are authorized to conduct and supervise this testing procedure. Twenty field tests are conducted in the classroom when uniformed members of the service receive their initial training and certification. Personnel will be considered expert after receiving this initial training. Uniformed members assigned to patrol will only field test marijuana and no other controlled substance. FORMS AND REPORTS MARIJUANA FIELD TEST REPORT - MANHATTAN/QUEENS/ STATEN ISLAND (PD321-143) MARIJUANA FIELD TEST REPORT - BRONX (PD321-144) MARIJUANA FIELD TEST REPORT - BROOKLYN (PD321-145) PROPERTY CLERK INVOICE (PD521-141) Narcotics Evidence Envelope (Misc. 242) P.G. 218-09 Evidence Other Than Controlled Substances/Marijuana And Firearms/Ballistics Evidence Requiring Police Laboratory Analysis Date Effective: 08/01/13 PURPOSE To ensure that evidence, other than controlled substances / marijuana and firearms / ballistics evidence, which comes into the custody of the Department and requires laboratory analysis, is properly handled, packaged and submitted to the Police Laboratory. PROCEDURE Upon taking property described above into custody that requires analysis at the Police Laboratory: UNIFORMED MEMBER OF THE SERVICE 1. Follow invoicing procedures as contained in the Department Manual. 2. Invoice evidence requiring analysis by the Police Laboratory, as follows: a. Prepare a separate PROPERTY CLERK INVOICE (PD521-141) as appropriate, utilizing the Property and Evidence Tracking System, for each of the following: (1) Different property type (2) Different property categories (3) Different owners (4) Property that will be delivered and/or stored at different locations (5) Bloodstain, DNA, serology, or other biological evidence (6) Other types of evidence. 3. List each piece of evidence, requiring laboratory analysis, as a separate item on a separate line on the PROPERTY CLERK INVOICE. a. Each item will be given a separate "Item #" on the PROPERTY CLERK INVOICE. b. Each item of evidence will be specifically described by the invoicing member, e.g., blue long sleeve shirt, bloodied short sleeve undershirt, etc. c. Ensure INVOICE does not exceed twenty line items. 4. Package evidence in accordance with Department procedures. a. See "ADDITIONAL DATA" for additional packaging instructions. 5. Write the corresponding PROPERTY CLERK INVOICE number, as well as the "Item #", on the outside of each package / container submitted to the laboratory. a. If the evidence being submitted for analysis is secured in multiple packages / containers, mark each package/container as "Bag 1 of ___", Bag 2 of ___". 6. Prepare a REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168), as appropriate, utilizing the Property and Evidence Tracking System. 7. Submit evidence with PROPERTY CLERK INVOICE and REQUEST FOR LABORATORY EXAMINATION REPORT, and the handwritten copy of the REQUEST FOR LABORATORY EXAMINATION REPORT if prepared by the Crime Scene Unit member, to desk officer for review. DESK OFFICER 8. Review PROPERTY CLERK INVOICE and REQUEST FOR LABORATORY EXAMINATION REPORT to ensure that: a. Different types of evidence as described, in step "2" are listed on separate PROPERTY CLERK INVOICES. b. Each item of evidence is listed as a separate "Item," on a separate line, and given a separate "Item #." c. Each separate item is specifically described, in detail. d. INVOICE does not exceed twenty line items, if requiring laboratory analysis. 9. Check each package/container to ensure that it is: a. Packaged properly. b. Marked with both the corresponding PROPERTY CLERK INVOICE number and corresponding "Item #." 10. Ensure that each package/container is properly sealed in a manner to prevent loss of evidence and to prevent contamination. a. Secure Plastic Security Envelope appropriately. b. Paper envelopes, paper bags, boxes should be securely sealed with evidence tape. (Do not use scotch tape). 11. Direct invoicing member to sign name across each seal of each package / container to maintain the chain of custody. 12. Securely attach the PROPERTY CLERK INVOICE, REQUEST FOR LABORATORY EXAMINATION REPORT and the handwritten copy of the REQUEST FOR LABORATORY EXAMINATION REPORT if prepared by the Crime Scene Unit member, to the package / container. 13. Prepare PROPERTY TRANSFER REPORT (PD521-1412) utilizing the Property and Evidence Tracking System. 14. Direct that the evidence be IMMEDIATELY delivered to the Police Laboratory. a. Evidence being submitted to the Police Laboratory for analysis degrades over time. If evidence that was not immediately delivered to the Police Laboratory is found to have degraded due to a delay in delivery, a notification will be sent, through channels, to the Office of the Chief of Department. DELIVERING MEMBER 15. Deliver PROPERTY CLERK INVOICE, REQUEST FOR LABORATORY EXAMINATION REPORT, handwritten copy of the REQUEST FOR LABORATORY EXAMINATION REPORT, if prepared by Crime Scene Unit member, PROPERTY TRANSFER REPORT and property to the Police Laboratory. 16. Follow instructions of the Evidence Desk Intake personnel. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS When evidence is collected by a member of the Crime Scene Unit, the evidence will be packaged, sealed and labeled by the Crime Scene Unit member. These packages / containers will not be opened by the member assigned to invoice the evidence. Where appropriate, the contents of the package / container will be specifically described by the Crime Scene Unit member on the outside of the package / container. The Crime Scene Unit member will prepare a handwritten copy of a REQUEST FOR LABORATORY EXAMINATION REPORT that will list and describe the items in the sealed packages / containers that are to be invoiced by the invoicing officer. The handwritten REQUEST FOR LABORATORY EXAMINATION REPORT will also describe the specific manner in which the items are to be invoiced and listed on the PROPERTY CLERK INVOICE(S) and the type of forensic examination required. The handwritten copy of the REQUEST FOR LABORATORY EXAMINATION REPORT prepared by the Crime Scene Unit member and the packages/containers to be invoiced will be delivered to the invoicing member for preparation of the PROPERTY CLERK INVOICE. The handwritten copy of the REQUEST FOR LABORATORY EXAMINATION REPORT must be attached to the packages/container by the invoicing member prior to delivery of the evidence and PROPERTY CLERK INVOICE to the Police Laboratory. The Police Laboratory will not accept PROPERTY CLERK INVOICES that do not contain detailed and specifically itemized descriptions of the property submitted. Vague, non-detailed descriptions are unacceptable, (e.g., "one sealed bag containing miscellaneous items.") Improperly prepared INVOICES will be returned to the invoicing command. The invoicing command will be required to correctly prepare the INVOICE and re-deliver the evidence to the Police Laboratory IMMEDIATELY. All non-contraband property that is delivered to the Police Laboratory MUST have a photocopy of the PROPERTY CLERK INVOICE attached. PROPERTY CLERK INVOICES that are sent or have the potential to be sent to the Police Laboratory for laboratory analysis will not exceed twenty line items. EVIDENCE HANDLING AND PACKAGING GUIDELINES ALCOHOL Alcohol will only be submitted to the Police Laboratory in relation to an arrest for violation of Section 1192 of the Vehicle & Traffic Law and an open container of alcohol is seized. The container will be corked closed and secured around the opening with tape. The container can be placed in a plastic security envelope. The container should be stored in an upright position until delivery to the Laboratory. P.G. 218-32, "Processing Alcohol Seized In ABC Law Violations," should be complied with in connection with alcohol seized as a result of violations of the ABC Laws. ARSON Accelerants or other flammable material that comes into the custody of the Police Department, should be placed in a clean, airtight, metal or glass container, sealed with masking tape, and immediately delivered to the Police Laboratory. CAUTION: Accelerants or other flammable materials should be handled in a well ventilated area. BLOODSTAINS / SEROLOGY / DNA / OTHER BIOLOGICAL EVIDENCE Bloodstains, DNA, serology, or other biological evidence, EXCEPT FIREARMS (e.g., blood, semen, saliva, tissue etc.) should be delivered to the Police Laboratory for examination. Firearms evidence that requires bloodstain, DNA, serology, or other biological evidence analysis should be processed in accordance with the guidelines contained in P.G. 218-23, "Processing Firearms and Firearm-Related Evidence." BLOODSTAIN, DNA, SEROLOGY, OR OTHER BIOLOGICAL EVIDENCE AND ANY OTHER BODY FLUID/BIOLOGICAL EVIDENCE SHOULD BE PACKAGED IN PAPER BAGS OR BOXES. Do not seal in a plastic security envelope. Additionally, an orange bio-hazard sticker must be affixed to the package. Bloodstain, DNA, serology, or other biological evidence must be refrigerated, therefore, it must be delivered to the Police Laboratory IMMEDIATELY. QUESTIONED DOCUMENTS Any piece of paper, where the authenticity of the writing or the source of the writing must be determined, will be submitted to the Document Fraud Squad. These items include, but are not limited to, checks, bank robbery notes, and harassing letters. The evidence may be secured in a PLASTIC SECURITY ENVELOPE. DO NOT write on the security envelope when the evidence is inside. Cardboard inserts should be used in the security envelope to prevent the evidence from bending or folding. HAIR AND FIBER Evidence that contains possible hair and/or fiber evidence should be handled carefully to prevent the loss of any evidence. If the evidence is wet or bloodstained, or has other serological or biological evidence thereon, it should not be packaged in plastic; instead it should be placed in a sealed paper bag. If the evidence is dry, and it does not have bloodstain, serological, DNA or other biological evidence thereon, it should be packaged in a plastic security envelope or any bag/container that will prevent the hair or fiber evidence from being lost. LATENT FINGERPRINTS Items that must be processed for latent prints should be handled carefully. Latex gloves should be worn when handling. Members of the service handling such evidence should prevent the item(s) from being crushed, bent, folded, etc. Items being delivered to the Police Laboratory for fingerprint analysis should be placed in a plastic bag, not a paper bag. However, if an item must be analyzed for BOTH fingerprint and bloodstain/serological/DNA/other biological evidence, then it should NOT be placed in a plastic bag; it should be placed in a paper bag. LOCKS If a lock is submitted to the Police Laboratory for analysis, then the key to that lock must also be invoiced and submitted to the Laboratory. If no key is available, do not submit the lock for analysis. Any questions regarding the proper handling, packaging, or invoicing of evidence should be referred to a supervisor at the Police Laboratory, 24 hours a day, 7 days a week. RELATED PROCEDURES Processing Alcohol Seized in ABC Law Violations (P.G. 218-32) Processing Firearms and Firearm-Related Evidence (P.G. 218-23) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) PROPERTY TRANSFER REPORT (PD521-1412) P.G. 218-10 Using Security Lead Seals Or Plastic Security Envelopes Date Effective: 08/01/13 PURPOSE To provide a method of identifying property which does not have serial numbers, identifying marks, is difficult to describe, or to increase the control, security and accountability of small property items coming into police custody. PROCEDURE When required to invoice property without serial numbers, identifying marks, or is difficult to describe, follow normal invoicing procedures: USING SECURITY LEAD SEALS UNIFORMED MEMBER OF THE SERVICE 1. Request lead seals from desk officer. DESK OFFICER 2. Check PROPERTY LOG (PD521-147) and obtain serial number of last lead seal used. 3. Give next serially numbered lead seal to member concerned and make entry in PROPERTY LOG accounting for number. a. Use one space on PROPERTY LOG to account for all lead seals listed on same PROPERTY CLERK INVOICE (PD521-141), if possible. UNIFORMED MEMBER OF THE SERVICE 4. Place lead seal on property as required: a. Use one lead seal for different items in same case, where possible b. Leave room on wire for inspection of items c. Attach seals in presence of desk officer and other interested persons. 5. Record serial numbers of lead seals used on PROPERTY CLERK INVOICE and in ACTIVITY LOG (PD112-145). USING PRE-NUMBERED / BARCODED SECURITY ENVELOPES 6. Request Plastic Security Envelope or Jewelry Security Envelope, as appropriate, from desk officer. 7. Perform the following under the supervision of the desk officer: a. Complete captions on envelope and attach security lead seals, where necessary b. Place items in envelope and seal in accordance with instructions on the envelope c. Enter or scan barcode of Plastic Security Envelope or Jewelry Security Envelope during packaging when creating PROPERTY CLERK INVOICES utilizing the Property and Evidence Tracking System. 8. Present sealed envelope to desk officer. DESK OFFICER 9. Complete entries in PROPERTY LOG. a. Use one space on PROPERTY LOG to account for all Plastic Security Envelopes or Jewelry Security Envelopes listed on the same PROPERTY CLERK INVOICE, if possible. 10. Examine envelope to ensure that: a. It is properly sealed b. Contents match description of PROPERTY CLERK INVOICE. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Plastic Security Envelopes may be used for all small property items except evidence requiring serological examination, (e.g., blood, semen, and other body fluids). Controlled substances/marijuana are to be placed into a Narcotics Evidence Envelope (security lock-type envelope) and sealed. The sealed security lock-type envelope will then be placed into a Plastic Security Envelope and sealed for added protection. Controlled substances that contain phencyclidine (Angel Dust) will be put in a Plastic Security Envelope, and sealed, prior to being placed in the Narcotics Evidence Envelope (security lock-type envelope). Jewelry items must be placed in a separate Jewelry Security Envelope. This does not apply to members of the Police Laboratory. If it becomes necessary to open a sealed Plastic Security or Jewelry Security Envelope, a new envelope will be prepared in the command which the envelope is opened OR the Property Clerk's borough office, as appropriate. In all such instances, the opened envelope(s) will be placed into the new envelope(s) and entered into the Property and Evidence Tracking System, utilizing the "Update invoice" and "Packaging" functions. Plastic Security or Jewelry Security Envelopes will not be used for items which can readily puncture or tear the envelope, (e.g., screwdrivers, knives with exposed blades, etc.). Items which cannot be placed in Security Envelopes will be tagged for identification and safeguarded in other than a Plastic Security Envelope. Cash and jewelry will continue to be placed in individual Security Envelopes and will not be placed in the same envelope with other small items. When it becomes necessary to invoice hypodermic needles, syringes, and other sharp narcotics paraphernalia: a. Utilize hypo container which comes in a plastic bag containing full instructions b. Voucher hypo container on a separate PROPERTY CLERK INVOICE apart from other property / evidence involved in same occurrence c. Place hypo container in a serialized Plastic Security Envelope (1) Multiple hypo containers will be placed in same Plastic Security Envelope, if involved in the same occurrence.(No other evidence, [e.g., glassine envelopes, etc] will be placed in same Plastic Security Envelope.) d. Store INVOICE and Plastic Security Envelope containing hypo container in property locker to be forwarded to appropriate Property Clerk facility. The operations coordinator will request additional lead seals and prenumbered / barcoded security envelopes from the Property Clerk Division. RELATED PROCEDURE Invoicing Property - General Procedure (P.G. 218-01) FORMS AND REPORTS PROPERTY LOG (PD521-147) PROPERTY CLERK INVOICE (PD521-141) ACTIVITY LOG (PD112-145) P.G. 218-11 Use Of Biohazard Labels Date Effective: 08/01/13 PURPOSE To provide methods of identifying regulated waste coming into police custody. DEFINITION REGULATED WASTE - means liquid or semi-liquid blood or other potentially infectious materials: contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potentially infectious materials. PROCEDURE When required to transport or store property or evidence that has the potential to be an infectious material (e.g., regulated waste). UNIFORMED MEMBER OF THE SERVICE 1. Follow normal invoicing procedures. 2. Request Biohazard Label (s) from desk officer. a. Biohazard Labels are a fluorescent orange in color with the word "Biohazard" written on the label's face. 3. Affix label as close as feasible to the item or container by using string, wire, adhesive or other method that prevents loss or unintentional removal. 4. Use one label for each item or container in same case. DESK OFFICER 5. Request additional Biohazard Labels from Quartermaster Section when needed. RELATED PROCEDURES Invoicing Property - General Procedure (P.G. 218-01) Using Lead Security Seals or Plastic Security Envelopes (P.G. 218-10) Hazardous Materials (P.G. 212-37) P.G. 218-12 Safeguarding Vehicles In Police Custody Date Effective: 08/01/13 PURPOSE To safeguard vehicles in police custody at the stationhouse. PROCEDURE When necessary to store a vehicle in police custody at the command: COMMAND CLERK 1. Create PROPERTY CLERK INVOICE (PD521-141), utilizing the Property and Evidence Tracking System, from recovering member's PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). 2. Complete entries in PROPERTY LOG (PD521-147). RECOVERING MEMBER 3. Remove rotor or coil wire and attach to WORKSHEET. a. If unable to remove rotor or coil wire, ensure vehicle is immobilized in another way without causing damage to vehicle. 4. Prepare form WARNING NOTICE - VEHICLE IN POLICE CUSTODY (PD571-1211) and attach to outside of windshield, only after fingerprint processing is completed, if applicable. 5. Lock and park vehicle in secure location near command. DESK OFFICER 6. Digitally sign PROPERTY CLERK INVOICE, verifying accuracy and completeness. 7. Inform relieving desk officer of location of vehicle. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS A vehicle may be safeguarded at the command for forty-eight hours when not required as evidence or not the subject of forfeiture proceedings. A vehicle not released to the owner or his/her representative within forty-eight hours will be removed to the appropriate Property Clerk storage facility. RELATED PROCEDURE Rotation Tow (P.G. 218-21) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) PROPERTY LOG (PD521-147) WARNING NOTICE - VEHICLE IN POLICE CUSTODY (PD571-1211) P.G. 218-13 Inventory Searches Of Automobiles And Other Property Date Effective: 08/01/13 PURPOSE To protect property, ensure against unwarranted claims of theft, and protect uniformed members of the service and others against dangerous instrumentalities. PROCEDURE Whenever any property comes into the custody of this Department an inventory search will be conducted as follows: IF THE CONTENTS TO BE INVENTORIED ARE IN AN AUTOMOBILE UNIFORMED MEMBER OF THE SERVICE 1. Search the interior of the vehicle thoroughly. a. This search should include any area that may contain valuables including, but not limited to: (1) Glove compartment (2) Console (3) Map pockets in or on doors and rear or side of seats (4) Areas under the seats and in and around the seat stuffing and springs (5) Under the floor mats (6) Under and behind the dashboard (7) Inside the ashtrays (8) In the air vents where accessible (9) Under the hood (10) Trunk. 2. Force open trunk, glove compartment, etc. only if it can be done with minimal damage, unless: a. Reasonably suspect that the item contains weapons, explosives, hazardous materials or contraband b. The contents are in plain view c. The contents can be inferred from the outward appearance of the container (e.g., gun cases, toolboxes [which may contain burglar's tools] etc.) d. Consent of the owner to break open the locked item. 3. Remove all valuables from the vehicle and invoice on a separate PROPERTY CLERK INVOICE (PD521-141). ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Any closed container may be opened and its contents inventoried. If any of the above items listed in step "1" are locked, the uniformed member of the service concerned should make every attempt to obtain the keys from the driver, owner, or passenger. Property of little value that is left inside the vehicle (e.g., old clothes, cassette tapes, and vehicle parts, etc.) should within reason, be listed in the uniformed member's ACTIVITY LOG (PD112-145) and cross referenced to the invoice number covering any valuables removed. Property that is not inventoried from an automobile but is possessed or under the control of an arrested individual, may be inventoried and all items found therein may be invoiced as prisoner's property. If a locked container such as a brief case or safe is inventoried, it should not be forced open if to do so would cause more than minimal damage, unless the circumstances described in Step "2", subdivisions "a", "b", "c", or "d" are present. FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) ACTIVITY LOG (PD112-145) P.G. 218-14 Vehicle Stolen And Recovered Within New York City Date Effective: 08/01/13 PURPOSE To process and dispose of vehicles stolen and recovered within New York City. PROCEDURE Upon recovery of stolen vehicle wanted on New York City alarm: RECOVERING MEMBER OF THE SERVICE 1. Obtain all relevant information from NYSPIN System. 2. Enter information in ACTIVITY LOG (PD112-145). 3. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). 4. Request patrol supervisor to respond to scene. PATROL SUPERVISOR 5. Verify accuracy and completeness of WORKSHEET. COMAND CLERK 6. Enter WORKSHEET into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). RECOVERING MEMBER OF THE SERVICE 7. Digitally sign INVOICE verifying accuracy and completeness. PATROL SUPERVISOR 8. Digitally sign INVOICE verifying accuracy and completeness. RECOVERING MEMBER OF THE SERVICE 9. Notify registered owner of vehicle as soon as possible after the vehicle is recovered. a. If telephone number of registered owner is available make at least one attempt at a telephone notification. b. Enter in the Telephone Record: (1) The date and time of such an attempt (2) The invoice number from the PROPERTY CLERK INVOICE that the recovered vehicle is listed on. (3) Name of person contacted if notification attempt is successful. c. If final insurance settlement was received: (1) Enter name of insurance company on INVOICE, in box captioned, "Lien Holder or True Owner". (2) Notify insurance company if claim settled. d. Advise insurance carrier or registered owner (if claim not settled): (1) Recovered vehicle may be reclaimed at the tow operator's storage facility or the Property Clerk's Auto Pound upon proof of ownership and payment of authorized fees. (2) Address and telephone number of storage facility or Pound. 10. Prepare ROTATION TOW-OWNER NOTIFICATION (PD571-1210) when the registered owner or insurance carrier did not recover the vehicle regardless if a telephone notification has already been made. 11. Notify Precinct Detective Unit / Detective Squad concerned if arrest involved or vehicle was used in commission of a crime. 12. Prepare COMPLAINT FOLLOW-UP WORKSHEET (PD313-085) and enter the following in "Details" section: a. Parts and accessories removed from vehicle b. Condition of vehicle and ignition at time of recovery c. If vehicle keys were recovered d. If vehicle was damaged by fire e. Name of detective squad member notified, if vehicle used in commission of crime or further investigation is necessary f. Other information pertinent to the vehicle theft. 13. Have alarm cancelled via FINEST System once owner takes possession of vehicle or after vehicle has been removed to Property Clerk facility or Rotation Tow storage facility. 14. Attach copy of NYSPIN acknowledgement of cancelled alarm to: a. PROPERTY CLERK INVOICE b. COMPLAINT FOLLOW-UP WORKSHEET. DETECTIVE SQUAD MEMBER 15. Prepare additional COMPLAINT FOLLOW-UP WORKSHEETS, indicating further developments. DESK OFFICER 16. Review COMPLAINT FOLLOW-UP WORKSHEET. a. Sign name. 17. Verify that alarm is cancelled and owner notified. a. If cancellation does not appear in NYSPIN System or transmitted cancellation contains a discrepancy, have cancellation corrected utilizing FINEST System. 18. Release vehicle to owner AFTER cancellation of alarm. a. Have vehicle removed to Property Clerk's facility when owner unable to remove vehicle or cannot be immediately contacted. 19. Make entry in PROPERTY LOG (PD521-147) to account for any INVOICES prepared . 20. Forward finalized copy of COMPLAINT FOLLOW-UP (PD313-081) to commanding officer concerned, if recovering member is assigned to a specialized unit. COMMANDING OFFICER, SPECIALIZED UNIT 21. Review COMPLAINT FOLLOW-UP to ensure alarm has been cancelled and owner notified. DESK OFFICER 22. Verify owners have been notified while conducting physical inventory of vehicles. 23. Ensure that owner of vehicle is notified, if such notification was not previously made. 24. Determine if patterns of theft and/or dumping exist: a. Initiate appropriate action if such trends are apparent. RELATED PROCEDURES Vehicle Stolen Outside New York City and Recovered Within New York City (P.G. 218-15) Vehicle Stolen Within New York City and Recovered Outside New York City or by the Port Authority Police (P.G. 218-16) Rotation Tow (P.G. 218-21) Invoicing Vehicles / Property as Arrest/Investigatory Evidence for Forfeiture Proceedings or to Determine True Owner (P.G. 218-19) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT FOLLOW-UP WORKSHEET (PD313-085) COMPLAINT FOLLOW-UP (PD313-081) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) PROPERTY LOG (PD521-147) ROTATION TOW - OWNER NOTIFICATION (PD571-1210) P.G. 218-15 Vehicle Stolen Outside New York City And Recovered Within New York City Date Effective: 08/01/13 PURPOSE To record and notify agencies concerned of the recovery of a vehicle in New York City reported stolen outside New York City. PROCEDURE Upon recovery within New York City of any vehicle stolen outside the City: RECOVERING MEMBER OF THE SERVICE 1. Prepare PROPERTY CLERK INVOICE (PD521-141). 2. Notify Inter-City Correspondence Unit for notification to originating police agency to cancel alarm and inform owner of recovery. a. Advise of arrest in connection with recovery, if applicable. b. Make entry in "Remarks" section of the INVOICE in the Property and Evidence Tracking System. 3. Notify detective squad concerned, if arrest involved or vehicle was used in commission of a crime. DESK OFFICER 4. Release vehicle to owner, or ensure that vehicle is delivered to Property Clerk's storage facility. 5. Ensure photocopy of PROPERTY CLERK INVOICE is forwarded to Patrol Borough Pattern Identification Module by next business day. 6. Determine if patterns of theft and/or dumping exits. a. Initiate appropriate action if such trends are apparent. EVIDENCE / PROPERTY CONTROL SPECIALIST 7. Photocopy and forward PROPERTY CLERK INVOICE prepared for recovered stolen vehicles to Patrol Borough Pattern Identification Module by next business day. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS COMPLAINT FOLLOW-UP (PD313-081) will not be generated for the recovery of a vehicle stolen outside of New York City. RELATED PROCEDURES Vehicle Stolen and Recovered Within New York City (P.G. 218-14) Vehicle Stolen Within New York City and Recovered Outside New York City or by the Port Authority Police (P.G. 218-16) Rotation Tow (P.G. 218-21) Invoicing Vehicles / Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner (P.G. 218-19) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) PROPERTY CLERK INVOICE (PD521-141) PROPERTY LOG (PD521-147) P.G. 218-16 Vehicle Stolen Within New York City And Recovered Outside New York City Or By Port Authority Police Date Effective: 08/01/13 PURPOSE To notify the registered owner and provide for cancellation of an alarm on a vehicle recorded as stolen within New York City and recovered outside the City or by the Port Authority Police on Port Authority property. PROCEDURE When notified that a vehicle stolen within New York City has been recovered outside the City or on a Port Authority facility: STOLEN PROPERTY INQUIRY SECTION 1. Transmit message through FINEST System to the precinct of record where alarm originated upon notification from outside agency that a vehicle stolen within New York City was recovered. DESK OFFICER, PRECINCT OF RECORD 2. Ensure that alarm for vehicle is cancelled. 3. Ensure a copy of NYSPIN acknowledgement is attached to COMPLAINT FOLLOW-UP WORKSHEET (PD313-085), when prepared. 4. Notify registered owner of vehicle's recovery and location as soon as possible. a. If telephone number of registered owner is available make at least one attempt at a telephone notification. b. Enter in the Telephone Record: (1) The date and time of such an attempt (2) Name of person contacted if notification attempt is successful. 5. Comply with step "4" if vehicle is stolen within New York City and is recovered by the Port Authority, and in addition: a. Enter the invoice number from the PROPERTY CLERK INVOICE (PD521-141) that the recovered vehicle is listed on in the Telephone Record b. If final insurance settlement was received: (1) Enter name of insurance company on INVOICE, in box captioned, "Lien Holder or True Owner." (2) Notify insurance company if claim settled. c. Advise insurance carrier or registered owner (if claim not settled): (1) Of the address and telephone number of the Port Authority storage facility or Pound. 6. Notify the Stolen Property Inquiry Section that the FINEST Message has been received concerning recovery of vehicle. a. Provide identity of member making notification to registered owner. STOLEN PROPERTY INQUIRY SECTION 7. Make record of acknowledgement of FINEST Message by precinct of record and identity of member of the service making notification to owner. COMMAND CLERK, PRECINCT OF RECORD 8. Prepare COMPLAINT FOLLOW-UP WORKSHEET and under "Details" enter: a. Name of detective notified, if arrest was made, or if vehicle was used in the commission of a crime, AND b. Identity of member of the service who notified registered owner. DESK OFFICER, PRECINCT OF RECORD 9. Review COMPLAINT FOLLOW-UP WORKSHEET to ensure that alarm had been cancelled and owner has been notified. 10. Sign off on the electronically generated COMPLAINT FOLLOW-UP (PD313-081) as per Department guidelines. STOLEN PROPERTY INQUIRY SECTION 11. Forward an acknowledgement of cancellation of alarm to the recovering agency and to the precinct of record. FORMS AND REPORTS COMPLAINT FOLLOW-UP WORKSHEET (PD313-085) COMPLAINT FOLLOW-UP (PD313-081) PROPERTY CLERK INVOICE (PD521-141) P.G. 218-17 Vehicle Stolen Within New York City And Recovered By Port Authority Police Date Effective: 11-08-02 REVOKED Interim Order 30 Series Issued 06/26/13 Refer to (P.G. 218-16) P.G. 218-18 Photographing Stolen Evidence Vehicles When An Arrest Is Made Date Effective: 08/01/13 PURPOSE To expeditiously release stolen recovered vehicles where an arrest is made and the vehicle was not used in conjunction with any other crime. SCOPE Whenever an arrest is made for Grand Larceny Auto, Criminal Possession of Stolen Vehicle or Unauthorized Use of a Motor Vehicle and the stolen vehicle was not used in conjunction with any crime or criminal transaction, other than the theft or unauthorized use of the motor vehicle, the arresting officer will take a set of evidence photographs of the motor vehicle for the District Attorney/ Corporation Counsel and every defendant arrested. THE VEHICLE MAY THEN BE RELEASED TO THE OWNER/REPRESENTATIVE AT THE STATIONHOUSE WITHOUT A RELEASE FROM THE DISTRICT ATTORNEY/CORPORATION COUNSEL. All photographs will be delivered to the District Attorney / Corporation Counsel and maintained by that office. PROCEDURE Where an arrest is made for a recovered stolen vehicle and the vehicle qualifies: ARRESTING OFFICER 1. Follow Patrol Guide 208-03, "Arrest - General Processing." 2. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). 3. Take one set of evidence digital photographs. a. The set of evidence digital photographs must include: (1) Vehicle identification number (VIN) (2) Registration sticker on windshield (3) License plates (4) Each side of vehicle, including vent windows, door locks and handles (5) Front and back of vehicle (6) Interior of vehicle, including ignition lock, seat to floor clearance, center console, radio receptacle and dashboard area (7) Motor (8) Any other interior or exterior surfaces showing any and all damage to the vehicle. 4. Upload all photographs to PROPERTY CLERK INVOICE (PD521-141) while completing the "Vehicle Inspection" in the Property and Evidence Tracking System. 5. Print and deliver the PHOTO RELEASE DOCUMENT (PD582-171), along with required paperwork, to District Attorney / Corporation Counsel. a. Include a notation of delivery of photographs on ARREST DOCUMENTATION CHECKLIST (PD249-010). b. Have District Attorney receipt for delivery of PHOTO RELEASE DOCUMENT by signing ACTIVITY LOG (PD112-145). c. In juvenile arrests, PHOTO RELEASE DOCUMENT will be included with the arrest paper work forwarded to the Corporation Counsel. 6. Notify owner/representative that vehicle can be released at the stationhouse. a. A release from the District Attorney / Corporation Counsel is no longer required in these cases. 7. Cancel alarm and release vehicle, when owner/representative arrives at stationhouse. PRIOR TO RELEASE OF VEHICLE DESK OFFICER 8. Review all necessary paperwork for accuracy and completeness. 9. Ascertain that alarm has been cancelled. 10. Ensure that all required photographs have been taken and that notation has been made on ARREST DOCUMENTATION CHECKLIST that PHOTO RELEASE DOCUMENT is part of the arrest package being delivered to the District Attorney or is included in the arrest package forwarded to the Corporation Counsel. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS The member of the service taking the photographs of the vehicle will take the minimum number of photographs necessary to show all items listed in step "3". In those cases where an arrest involves an adult and a juvenile, a set of photographs must be taken for the District Attorney and the Corporation Counsel. Vehicles unable to be driven to the command will be placed in the Rotation Tow Program. Photographs must be taken either at the scene or the arresting officer will direct the tow driver to remove the vehicle to the command for photographs prior to its removal to the tow facility. Operable vehicles will remain at the command for forty-eight hours pending the arrival of the owner/representative. If the vehicle remains unclaimed, it will then be placed in the Rotation Tow Program and kept at the tow facility for thirty days prior to its removal to the pound. In the event any questions arise regarding the release of the stolen vehicle, direct that photographs be taken and do not release the stolen vehicle until determination is made by the Legal Bureau. RELATED PROCEDURES Personal Recognizance-Juvenile Delinquent (P.G. 215-12) Rotation Tow (P.G. 218-21) FORMS AND REPORTS ARREST DOCUMENTATION CHECKLIST (PD249-010) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) ACTIVITY LOG (PD112-145) PHOTO RELEASE DOCUMENT (PD582-171) P.G. 218-19 Invoicing Vehicles/Property As Arrest/Investigatory Evidence Or For Forfeiture Proceedings Or To Determine True Owner Date Effective: 08/01/13 PURPOSE To invoice and properly classify vehicles/property coming into police custody as arrest evidence, investigatory evidence, for forfeiture proceedings or to determine true owner. PROCEDURE When property/vehicles are taken into police custody: UNIFORMED MEMBER OF THE SERVICE 1. Prepare PROPERTY CLERK INVOICE (PD521-141) as appropriate, utilizing the Property and Evidence Tracking System. 2. Select the correct property category on the PROPERTY CLERK INVOICE: a. ARREST EVIDENCE b. INVESTIGATORY EVIDENCE c. DNA ARREST EVIDENCE d. DNA INVESTIGATORY EVIDENCE e. FORFEITURE f. DECEDENT'S PROPERTY g. FOUND PROPERTY h. SAFEKEEPING i. PEDDLER PROPERTY j. OTHER 3. Select the correct property category on the PROPERTY CLERK INVOICE if vehicle / boat: a. ROTATION TOW b. ARREST EVIDENCE c. INVESTIGATION d. FORFEITURE e. PHOTO RELEASE f. SAFEKEEPING g. DETERMINE TRUE OWNER 4. Have alarm cancelled via FINEST System, where necessary. a. Attach copy of NYSPIN acknowledgement to PROPERTY CLERK INVOICE and/or COMPLAINT FOLLOW-UP (PD313-081), as appropriate. 5. Prepare a REQUEST FOR LABORATORY EXAMINATION REPORT (PD 521-168), utilizing the Property and Evidence Tracking System, if required. 6. Print and attach "ADA Copy" of the appropriate INVOICE to DESK APPEARANCE TICKET, if prepared in arrest cases or bring INVOICE copy to court and present to Assistant District Attorney concerned when no DESK APPEARANCE TICKET is prepared. VEHICLES / PROPERTY HELD AS INVESTAGORY EVIDENCE DESK OFFICER/DETECTIVE BUREAU SUPERVISOR 7. Direct that property be seized and invoiced as investigatory evidence when a criminal investigation is required and no arrest has been made. 8. Direct that vehicles may also be seized and invoiced as investigatory evidence when: a. Crime Scene Unit examination of vehicle is requested b. Collision Investigation Squad must conduct an investigation at scene of a vehicle collision. c. Investigation of vehicle by any unit other than the Property Clerk is required. 9. Ensure investigations as outlined above are conducted and concluded at command concerned. a. Ensure vehicle is removed to appropriate Property Clerk Auto Pound if further investigation is required. VEHICLES SEIZED AS ARREST EVIDENCE 10. Direct that vehicles must be seized and invoiced as arrest evidence when arrests are made for: a. Larceny of vehicle (1) Charge will be Grand Larceny Auto unless owner/complainant or other evidence indicates auto (as defined in Section 125 VTL) is valued at $100 or less, or if motorcycle (as defined in Section 123 VTL) is valued at $1,000 or less. b. Unauthorized use of a vehicle c. Criminal possession of stolen property (vehicle involved) d. Possession of vehicle with an altered V.I.N. e. Leaving scene of collision- serious injury and likely to die, or critical injury f. Assault or homicide - vehicle used as weapon g. Illegal Registration - Motorist arrested for Operating an Unregistered Vehicle, Vehicle and Traffic Law Section 401 (1)(a). ARRESTING OFFICER 11. Notify desk officer immediately when arrest number is obtained and include arrest number on the PROPERTY CLERK INVOICE. VEHICLES SEIZED FOR FORFEITURE DESK OFFICER/DETECTIVE BUREAU SUPERVISOR 12. Direct that vehicles may be seized and invoiced to determine if forfeiture proceedings will be commenced when vehicle is used to transport: a. Controlled Substances - Felony, Article 220, Penal Law b. Gambling Records - Sections 225.20 and 415, Penal Law c. Untaxed Cigarettes - Felony, Section 481, subdivision 2, State Tax Law and Section 11-1317, Administrative Code d. Equipment used in promoting pornography - Article 410, Penal Law e. Equipment used in unauthorized recording of sound - Section 420.05, Penal Law. OCCUPIED VEHICLES HELD TO DETERMINE TRUE OWNER 13. Direct an occupied vehicle to be taken into custody if true owner cannot be determined and immediate arrest is not warranted. 14. Have PROPERTY CLERK INVOICE prepared and ensure property category "Determine True Owner" is selected. a. A COMPLAINT REPORT (PD313-152) is not necessary when invoicing a vehicle to "Determine True Owner." The investigation will be conducted by Property Clerk personnel. 15. Have vehicle delivered to appropriate Property Clerk Auto Pound for processing by Property Clerk personnel. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS When a member of the service conducts a computer check of an occupied vehicle and the response reads ILLEGAL REGISTRATION, the New York State Department of Motor Vehicles has determined that the vehicle was improperly registered to someone who was the victim of a fraud and the victim never owned the vehicle nor gave anyone permission to register the vehicle in the victim's name. Accordingly, when a uniformed member of the service encounters a motorist during a vehicle stop whose registration comes up on the computer as ILLEGAL REGISTRATION, then this motorist will be arrested and charged with Vehicle and Traffic Law Section 401(1)(a), Operating an Unregistered Vehicle. An immediate investigation should simultaneously be undertaken to determine if probable cause exists that the motorist or any other person has committed the crimes of Criminal Impersonation 2nd degree, P.L. 190.25(1), Forgery 2nd degree, P.L. 170.10(2), Offering a False Instrument for Filing 2nd degree, P.L. 175.30, or any robbery or larceny charge, if appropriate. If Penal Law arrests are to be made, the vehicle will be taken into custody as arrest evidence; if only a Vehicle and Traffic Law arrest is to be made, the vehicle will be taken into custody to determine its true owner. Whenever an arrest is effected involving a vehicle for a charge OTHER THAN those enumerated in step "10" above, the arresting officer will consult with his supervisor to determine whether the vehicle should be seized. The supervisor will communicate with an Assistant District Attorney and request an opinion to determine if the vehicle should be seized as arrest evidence. If an Assistant District Attorney is not available, the vehicle will be invoiced and secured at the stationhouse. However, no category of property will be checked, pending a determination by the Assistant District Attorney. If the Assistant District Attorney advises that the vehicle is not required as evidence, it will be released to the registered owner or his representative. If the owner cannot be located, the vehicle will be sent to the Property Clerk Auto Pound for safekeeping. If it is determined that the vehicle is to be held as evidence, the name and telephone number of the Assistant District Attorney who made the recommendation MUST be entered in the appropriate captions listed immediately above the "Remarks" section on the PROPERTY CLERK INVOICE. If a vehicle is to be safeguarded at the Property Clerk Auto Pound, the following documents will be forwarded with the vehicle: a. PROPERTY CLERK INVOICE b. FINEST Printout - NYSPIN acknowledgement c. VIN Printout (including registered owner's zip code) d. Copy of COMPLAINT REPORT, if prepared, or notation on invoice of previously prepared COMPLAINT REPORT number and precinct of record, when vehicle is categorized as Investigatory Evidence, DNA Investigatory Evidence, Arrest Evidence, DNA Arrest Evidence, or Forfeiture. INVOICING COIN/BILL OPERATED MACHINES OR DEVICES Whenever coin/bill operated machines, including slot machines, are invoiced as evidence in arrest or investigation cases, the invoicing officer will remove all currency under the supervision of a ranking officer. Separate invoices will be prepared for currency and machines. Each will be cross-referenced. Under the caption "Remarks" on the INVOICE, enter a statement indicating the machine was opened and the amount of currency removed. Every effort will be made to locate a key or other device used to open the machines prior to their delivery to the Property Clerk. When force must be used to gain access to cash boxes, Emergency Service Unit may be requested. Emergency Service Unit personnel will break locks to obtain currency contained within the machines while taking care to avoid destroying their mechanisms. FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) COMPLAINT FOLLOW-UP (PD313-081) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) P.G. 218-20 Delivery Of Vehicle To Property Clerk Date Effective: 08/01/13 PURPOSE To remove a vehicle in police custody to a Property Clerk storage facility. PROCEDURE When necessary to remove a vehicle to a Property Clerk storage facility: DESK OFFICER 1. Ensure PROPERTY TRANSFER REPORT (PD521-1412) is prepared utilizing the Property and Evidence Tracking System. VEHICLE ABLE TO BE DRIVEN: DESK OFFICER 2. Assign uniformed member of the service to deliver vehicle and "Property Clerk" copy of PROPERTY CLERK INVOICE (PD521-141) to Property Clerk's storage facility. ASSIGNED MEMBER 3. Check entries on PROPERTY CLERK INVOICE against current condition and equipment of vehicle. 4. Conduct a vehicle inspection, utilizing the "Vehicle Inspection" function in the Property and Evidence Tracking System, to record all discrepancies. 5. Report discrepancies to desk officer. 6. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) for missing equipment not originally noted on PROPERTY CLERK INVOICE and deliver to desk officer. 7. Digitally sign PROPERTY TRANSFER REPORT. DESK OFFICER 8. Digitally sign PROPERTY TRANSFER REPORT. ASSIGNED MEMBER 9. Deliver vehicle to storage facility. VEHICLE UNABLE TO BE DRIVEN: DESK OFFICER 10. Notify Fleet Services Division, Department Tow. DEPARTMENT TOW TRUCK OPERATOR 11. Pick up vehicle and proceed to command to obtain related PROPERTY CLERK INVOICE. DESK OFFICER 12. Assign member of service to check entries on PROPERTY CLERK INVOICE against condition and equipment of vehicle and prepare PROPERTY TRANSFER REPORT. ASSIGNED MEMBER 13. Conduct a vehicle inspection utilizing the "Vehicle Inspection" function in the Property and Evidence Tracking System to record all discrepancies. 14. Report discrepancies to desk officer. 15. Prepare COMPLAINT REPORT WORKSHEET for missing equipment not originally on PROPERTY CLERK INVOICE and deliver to desk officer. 16. Enter identity of tow truck operator on PROPERTY TRANSFER REPORT. DEPARTMENT TOW TRUCK OPERATOR 17. Digitally sign PROPERTY TRANSFER REPORT. DESK OFFICER 18. Digitally sign PROPERTY TRANSFER REPORT. DEPARTMENT TOW TRUCK OPERATOR 19. Deliver vehicle and corresponding PROPERTY CLERK INVOICE set to Property Clerk storage facility. FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) PROPERTY CLERK INVOICE (PD521-141) PROPERTY TRANSFER REPORT (PD521-1412) P.G. 218-21 Rotation Tow Date Effective: 08/01/13 PURPOSE To process non-evidence stolen or apparently abandoned vehicles, including motorcycles, recovered within New York City. DEFINITIONS APPARENTLY ABANDONED VEHICLE - An unoccupied vehicle abandoned as defined in Section 1224, Vehicle and Traffic Law OR an unoccupied vehicle observed under circumstances indicating it may have been stolen, but for which no alarm has been transmitted. DOUBLE TOW - Situation requiring use of additional tow truck to assist in an UNUSUAL recovery (e.g., vehicle on an embankment, overturned, wedged in a building, etc.). The uniformed member must check either "yes" or "no" under captioned "Double Towing Involved" when generating a PROPERTY CLERK INVOICE (PD521-141) utilizing the Property and Evidence Tracking System. When "Double Tow" is authorized, the uniformed member must enter his/her tax number in the appropriate field. A "Double Tow" is NOT AUTHORIZED solely because a recovered vehicle has no wheels. (Tow operators are required to possess equipment for towing vehicles with damaged/missing wheels). PROCEDURE When a uniformed member of the service recovers an unoccupied stolen or apparently abandoned vehicle. UNIFORMED MEMBER OF THE SERVICE 1. Determine if vehicle qualifies for Rotation Tow. a. A vehicle IS NOT qualified for removal under Rotation Tow if: (1) An arrest is made in conjunction with the recovery EXCEPT where an arrest is made and the vehicle qualifies for release after photographs are taken (2) Required as evidence OR being held for investigation (3) Used in commission of a crime (4) Vehicle may be the subject of forfeiture proceedings (5) Derelict guidelines are listed on inside back cover of ROTATION TOWING LOG (PD571-1412) (6) Vehicle is a large truck or limited-use motorcycle (moped) (7) Owner is on scene and recovers own vehicle prior to discovery by this Department (8) Vehicle must be safeguarded due to the inability of the owner/driver to remove to a safe place (e.g. prisoner, aided, collision, etc.) 2. Ascertain V.I.N. of vehicle. a. If missing or illegible, attempt to locate alternate V.I.N. (1) Request assistance of another member of command trained in vehicle identification or services of Auto Crime Division, if necessary. 3. Obtain relevant information from New York State Police Information System Network (NYSPIN) via FINEST System. 4. Prepare ROTATION TOW IDENTIFICATION STICKER (PD571-090). a. Affix STICKER to glass (window or windshield) facing street side. 5. Enter information in ACTIVITY LOG (PD112-145). 6. Provide desk officer with all relevant information on recovered vehicle for notification to participating tow operator. 7. Prepare the following documents: a. PROPERTY CLERK INVOICE (1) Select "Rotation Tow" as the Property Category (2) Select either "yes" or "no" under captioned "Double Towing Involved", and if "Double Tow" is authorized, enter tax number of authorizing officer in appropriate field. (Tax number must be entered if "Double Tow" is authorized). (3) Enter under REMARKS "Deliver to Property Clerk Auto Pound WITHIN 48 HOURS for confidential V.I.N. check," if V.I.N. is not obtained or ownership cannot be determined from a legible V.I.N. (A vehicle in this category WILL NOT BE RETURNED TO OWNER by the tow operator; it MUST BE DELIVERED to the Property Clerk Auto Pound). b. COMPLAINT FOLLOW-UP (PD313-081), ONLY if previously reported stolen WITHIN NEW YORK CITY. c. COMPLAINT REPORT (PD313-152), if investigation reveals that vehicle has been stolen WITHIN NEW YORK CITY, BUT THE THEFT HAS NOT BEEN REPORTED. 8. Obtain a FINEST printout for vehicles with legible V.I.N. numbers and attach to the "Property Clerk Copy" of PROPERTY CLERK INVOICE indicating: a. Check of registration plate and V.I.N. b. Listing of registered owner and insurance code c. NYSPIN and NCIC checks. DESK OFFICER 9. Notify next participating tow operator in rotation sequence IMMEDIATELY after receiving all pertinent information from member who recovered vehicle. a. If vehicle is recovered on a limited access highway, ONLY THE TOW OPERATOR HAVING EXCLUSIVE FRANCHISE FOR SERVICE ON SUCH HIGHWAY MAY TOW THE VEHICLE. (A franchise tow operator who is also an authorized rotation tow operator will not be charged a turn in the rotation sequence for a limited access highway removal). 10. Determine if tow operator is available for assignment PRIOR TO furnishing information concerning the recovered vehicle. a. Tow operators DO NOT have the option of deciding whether they are available AFTER being informed of the type and condition of the vehicle to be towed. 11. Prepare REPORT OF VIOLATION (PD672-151) and forward to Department of Consumer Affairs whenever a tow operator refuses assignment AFTER BEING INFORMED of type and condition of vehicle to be towed. 12. Notify next tow operator in the rotation sequence whenever a tow operator is NOT AVAILABLE FOR ANY REASON. 13. Enter each completed or attempted notification to tow operator in ROTATION TOWING LOG. a. Busy signal, no answer, refusal and reason therefore, entered in "Remarks" column. 14. Notify next tow operator in rotation sequence when assigned tow operator fails to tow the vehicle within a reasonable period of time (e.g., half an hour, but may be longer depending on conditions). a. Advise tow operator to notify the desk officer immediately when vehicle has arrived at storage facility. b. Prepare and forward REPORT OF VIOLATION to Department of Consumer Affairs indicating assigned tow operator's failure to meet performance standards. 15. Make entry under Remarks in ROTATION TOWING LOG when two or more vehicles are recovered at one incident by the SAME tow operator. (Such removal counts as one turn in the rotation sequence). 16. Select the name of authorized rotation tow company when preparing the PROPERTY CLERK INVOICE. UPON NOTIFICATION FROM TOW OPERATOR THAT VEHICLE HAS BEEN DELIVERED TO TOW OPERATOR'S STORAGE FACILITY 17. Advise tow operator: a. To immediately deliver ROTATION TOW OPERATOR'S MOTOR VEHICLE INVOICE (PD571-154) to precinct of record for each vehicle towed b. Vehicle may be delivered to the Property Clerk Auto Pound on any weekday commencing on the eighth day and ending on the thirtieth day c. Vehicles remaining unclaimed commencing on the eighth day MUST BE DELIVERED to the Auto Pound any weekday, by the tow operator, by the thirtieth day d. Insurance carrier representatives seeking release of vehicles must present a signed, notarized "Receipt for Release of Vehicle" on insurance company letterhead when picking up vehicles. 18. Have alarm canceled, if required. a. Enter cancellation on PROPERTY CLERK INVOICE and COMPLAINT FOLLOW-UP, if prepared. 19. Confirm cancellation of alarm by ensuring a standard inquiry is made to NYSPIN via FINEST System by plate or V.I.N. number, at least one to two hours AFTER the original request was transmitted. a. Correct any discrepancies immediately by modifying alarm transmission or cancellation via FINEST System. 20. Notify registered owner of vehicle as soon as possible after the recovered vehicle has been delivered to tow operator. a. If telephone number of registered owner is available make at least one attempt at a telephone notification. b. Enter in the Telephone Record: (1) The date and time of such an attempt (2) The invoice number from the PROPERTY CLERK INVOICE that the recovered vehicle is listed on (3) Name of person contacted if notification attempt is successful. c. If final insurance settlement was received: (1) Enter name of insurance company on INVOICE, in the field captioned, "Lien Holder" (2) Notify insurance company if claim settled. d. Advise insurance carrier or registered owner (if claim not settled): (1) That recovered vehicle may be reclaimed at the tow operator's storage facility or the Property Clerk Auto Pound upon proof of ownership and payment of authorized fees (2) Of the address and telephone number of storage facility or Pound. 21. Have ROTATION TOW-OWNER NOTIFICATION prepared. a. Ensure that in all cases where the registered owner or insurance carrier did not recover the vehicle, that they are notified in writing utilizing the ROTATION TOW-OWNER NOTIFICATION, even if a telephone notification was already made. b. Print "Prisoner / Finder / Owner Copy" of PROPERTY CLERK INVOICE. 22. Make appropriate entries in ROTATION TOWING LOG. 23. Distribute ROTATION TOW - OWNER NOTIFICATION as follows: a. Original copy of the ROTATION TOW - OWNER NOTIFICATION and an "Prisoner / Finder / Owner Copy" of PROPERTY CLERK INVOICE to owner via U.S. mail. (1) Envelope addressed to owner will include precinct return address on upper left corner and PROPERTY CLERK INVOICE number on lower left corner. b. Attach duplicate copy to the ROTATION TOW OPERATOR'S MOTOR VEHICLE INVOICE (when received) and place in the Rotation Towing thirty-day file maintained at the precinct. UPON RECEIPT OF THE ROTATION TOW OPERATOR'S MOTOR VEHICLE INVOICE FROM THE TOW OPERATOR: 24. Verify accuracy of information entered on ROTATION TOW OPERATOR'S MOTOR VEHICLE INVOICE with information on PROPERTY CLERK INVOICE. a. Enter data from inspection on PROPERTY CLERK INVOICE to "Pct. Qty." captions on ROTATION TOW OPERATOR'S MOTOR VEHICLE INVOICE (shaded areas) b. Indicate discrepancies, if any, under "Remarks" section of the PROPERTY CLERK INVOICE, utilizing the update invoice function of the Property and Evidence Tracking System c. Prepare COMPLAINT REPORT, if appropriate, and indicate serial number in the "Remarks" section of the PROPERTY CLERK INVOICE, utilizing the update invoice function of the Property and Evidence Tracking System. 25. Verify that alarm, if any, was cancelled, that owner was notified, and ROTATION TOW-OWNER NOTIFICATION was sent. a. If cancellation does not appear in NYSPIN System or transmitted cancellation contains a discrepancy, have cancellation corrected utilizing FINEST System. 26. Distribute PROPERTY CLERK INVOICE when V.I.N. has been obtained and ownership of vehicle has been determined, as follows: a. One copy of "Property Clerk Copy" to Rotation Towing 30-Day File, with ROTATION TOW OPERATOR'S MOTOR VEHICLE INVOICE and copy of ROTATION TOW-OWNER NOTIFICATION attached thereto. b. "Invoicing Officer" copy to recovering officer. c. One copy of each "Rotation Tow", "Prisoner / Finder / Owner" to tow operator. 27. Ensure the following is done if V.I.N. has NOT been obtained or ownership has NOT been determined: a. Ensure that statement "Deliver to Auto Pound WITHIN FORTY-EIGHT HOURS for confidential V.I.N. check" as been entered in the "Remarks" section of the PROPERTY CLERK INVOICE. b. Direct tow operator to deliver vehicle and ALL copies of PROPERTY CLERK INVOICE to Property Clerk Auto Pound within forty-eight hours of completion of towing assignment. c. Retain ROTATION TOW OPERATOR'S MOTOR VEHICLE INVOICE in Rotation Towing thirty-day file for entry of vehicle storage number pending receipt of NOTICE OF VEHICLE DELIVERY (PD571-128) from Auto Pound. 28. Advise tow operator to distribute copies of PROPERTY CLERK INVOICE upon release of vehicle to registered owner/authorized representative/insurance carrier as follows: a. "Prisoner / Finder / Owner" - to owner / authorized representative / insurance carrier b. "Rotation Tow" - deliver to precinct of recovery. UPON RECEIPT OF ROTATION TOW COPY OF PROPERTY CLERK INVOICE AT PRECINCT, INDICATING RELEASE OF VEHICLE BY TOW OPERATOR TO OWNER/AUTHORIZED REPRESENTATIVE/INSURANCE CARRIER. 29. Ensure that PROPERTY CLERK INVOICE ("Rotation Tow" copy) is properly receipted and storage fees are indicated. a. A written authorization from the registered owner of the vehicle or copy of the insurance carrier's notarized "Receipt for Release of Vehicle" attached to "Rotation Tow" copy of PROPERTY CLERK INVOICE will suffice as receipt for release of vehicle. 30. Attach "Rotation Tow" copy of PROPERTY CLERK INVOICE to "Property Clerk" copy of PROPERTY CLERK INVOICE from Rotation Towing thirty- day file and maintain in separate designated file in the PROPERTY CLERK INVOICE number order with related documents, i.e., District Attorney' s Release, etc., if any, attached. 31. File ROTATION TOW OPERATOR'S MOTOR VEHICLE INVOICE in command. EVIDENCE/PROPERTY CONTROL SPECIALIST 32. Retrieve "Rotation Tow" copy of PROPERTY CLERK INVOICE and perform the "Return to Owner from Rotation Tow (RTO From RoTow)" function utilizing the Property and Evidence Tracking System. UPON NOTIFICATION FROM TOW OPERATOR THAT VEHICLE IS BEING REMOVED TO PROPERTY CLERK'S AUTO POUND. DESK OFFICER 33. Inform the tow operator that in no event shall any towing company charge the Police Department for storage charges incurred after the tenth day of storage. a. Retain ROTATION TOW OPERATOR'S MOTOR VEHICLE INVOICE, pending receipt of NOTICE OF VEHICLE DELIVERY from the Property Clerk's Auto Pound. 34. Direct tow operator to deliver all copies of PROPERTY CLERK INVOICE, with vehicle, to Property Clerk's Auto Pound. a. Enter vehicle disposition, by documenting the name of the Department auto pound the motor vehicle/motorcycle was delivered to, in the "Remarks" column of the ROTATION TOWING LOG. UNIFORMED MEMBER OF THE SERVICE ASSIGNED TO AUTO POUND 35. Perform intake utilizing the Property and Evidence Tracking System. a. Print PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) and issue to tow operator as receipt. 36. Prepare NOTICE OF VEHICLE DELIVERY and forward IMMEDIATELY to the desk officer, precinct of recovery. DESK OFFICER 37. Enter vehicle storage number on ROTATION TOW OPERATOR'S MOTOR VEHICLE INVOICE upon receipt of NOTICE OF VEHICLE DELIVERY. 38. File ROTATION TOW OPERATOR'S MOTOR VEHICLE INVOICE in command. COMMANDING OFFICER / DESIGNEE 39. Inspect daily: a. ROTATION TOWING LOG entries for previous twenty-four hours to ensure completeness and accuracy. b. Rotation Towing thirty-day file to: (1) Determine status of all INVOICES. (2) Ensure no vehicle is being held more than thirty days. 40. Enter date, time of inspection and signature in "Remarks" column of ROTATION TOWING LOG and include remedial action taken, if any. 41. Ensure compliance with the following: a. Complaints concerning license violations and administrative matters, including overcharges by tow operators, are reported to the Department of Consumer Affairs on REPORT OF VIOLATION. b. Complaints alleging thefts or other unlawful acts by towing company personnel are recorded on COMPLAINT REPORT and investigated. (1) Duplicated copies of COMPLAINT REPORT must be forwarded to the Department of Consumer Affairs for informational purposes only. c. Participating tow operators are permitted to view the ROTATION TOWING LOGS of precincts within their assigned zone(s) to verify rotational sequence. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS An OWNER WILL NOT BE NOTIFIED NOR WILL AN ALARM BE CANCELLED on the recovered vehicle until the tow operator has advised that the vehicle has been removed to storage facility. If the envelope with the ROTATION TOW-OWNER NOTIFICATION and attached copy of the PROPERTY CLERK INVOICE is returned by the Postal Service as non-deliverable, attach the unopened envelope to the "Property Clerk Copy" of the PROPERTY CLERK INVOICE. A notation will then be made on the duplicate ROTATION TOW-OWNER NOTIFICATION that the original was returned undelivered. Rotation tow operators will deliver motor vehicles and motorcycles to a designated Department auto pound. Motorcycles are stored and can be reclaimed at a designated Department auto pound. When motor vehicles are delivered to a Department auto pound, the auto pound will immediately notify an authorized third party storage facility to remove and store the motor vehicles. Claimants must initially pay, at the auto pound concerned, the NYPD Rotation Tow and storage fees, in addition to third party transfer and storage fees, to reclaim a motor vehicle/motorcycle, or to obtain a release authorization pass, PRIOR to reclaiming a motor vehicle from the third party storage facility. If a vehicle/motorcycle remains unclaimed after fifteen days, from its delivery date to a Department auto pound, the vehicle / motorcycle will be disposed of according to law. Department of Sanitation personnel affix a numbered sticker with red lettering and red border to the outside rear of vehicles deemed eligible for Rotation Towing. Therefore, upon notification from the Department of Sanitation of the location of a vehicle eligible for Rotation Towing, the member of the service receiving the notification will immediately notify the desk officer of the following: a. Time and date of notification b. Identity of Sanitation Department member making notification c. Location and description of vehicle (year and make) d. Sanitation Department sticker number. The above information will be entered in the appropriate columns of the ROTATION TOWING LOG. The desk officer will direct a uniformed member of the service to respond to the vehicle location and make a visual inspection of the vehicle to ensure it qualifies for Rotation Towing in accordance with established criteria set forth on the rear inside cover of the ROTATION TOWING LOG. Neither the Department of Sanitation notification nor the affixing of a Department of Sanitation numbered sticker on a vehicle confers automatic Rotation Towing eligibility. FINAL DETERMINATION must be made by a uniformed member based upon visual inspection of the vehicle concerned. Uniformed members conducting visual inspections of vehicles reported by the Department of Sanitation as eligible for inclusion in Rotation Towing will be guided by the following: CATEGORY CLASSIFICATION PROCEDURE Stolen/abandoned (with or without registration plates) Other than derelict Include in Rotation Towing and affix ROTATION TOW IDENTIFICATION STICKER Stolen/abandoned (with or without registration plates) Derelict Notify Department of Sanitation that vehicle does not qualify for Rotation Towing and must be removed under the Derelict Auto Program; a notation concerning this notification will be made in "Remarks" column of the Rotation Towing Log. Remove plates from vehicle, if appropriate, prior to notification and comply with applicable provisions of P.G. 214-29, "Derelict Vehicles Bearing New York State Registration Plates." Enforcement officers from the following agencies may utilize this Department's Rotation Towing Program and perform steps "1" through" "9" of the foregoing procedure whenever they recover stolen and/or apparently abandoned vehicles in areas under their respective jurisdictions within the confines of New York City: * New York City Parks Department * Seagate PD (60th Precinct) Administrative Code Section 20-519 (a) (3) states that all participants in the "Rotation Tow" program shall maintain a business premises that is under the exclusive control of the participant, is not used by any other towing company and is the premises listed on such participant's license to engage in towing. Such premises shall consist of a location that is open to the public, where towing company personnel are employed, calls requesting towing service are received and tow operators are dispatched, and where all records required by this subchapter or any rules promulgated thereunder are maintained. The following violations of Department of Consumer Affairs regulations will be entered under "Additional Information" on REPORT OF VIOLATION: a. UNJUSTIFIABLE REFUSAL to accept a towing assignment: (1) Violation - Article XII subdivision F (ROTOW) b. REPEATED UNJUSTIFIABLE REFUSALS to accept towing assignments: (1) Violation - Article XII subdivision L (ROTOW) (List times and dates of such refusals) RELATED PROCEDURES Driveway Tow Program (P.G. 214-14) Derelict Vehicles Bearing New York State Registration Plates (P.G. 214-29) Requesting U.S. Postage Stamps (A.G. 325-26) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) NOTICE OF VEHICLE DELIVERY (PD51-128) PROPERTY CLERK INVOICE (PD521-141) REPORT OF VIOLATION (PD672-151) ROTATION TOW IDENTIFICATION STICKER (PD571-090) ROTATION TOWING LOG (PD571-1412) ROTATION TOW-OWNER NOTIFICATION (PD571-1210) PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) ROTATION TOW OPERATOR'S MOTOR VEHICLE INVOICE (PD571-154) P.G. 218-22 Processing Boats In Police Custody Date Effective: 08/01/13 PURPOSE To safeguard boats coming into police custody. PROCEDURE Upon taking a boat into police custody: UNIFORMED MEMBER OF THE SERVICE 1. Ascertain if stolen by utilizing mobile digital computer or FINEST System. a. Obtain relevant information. 2. Notify desk officer, precinct of occurrence of: a. Description of boat b. Circumstances leading to custody c. Other pertinent information. 3. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) for boat. 4. Prepare a separate PROPERTY CLERK INVOICE WORKSHEET for evidence or other property that is not part of boat equipment and deliver items to precinct of record. 5. Request patrol supervisor to respond to scene. PATROL SUPERVISOR 6. Verify accuracy and completeness of PROPERTY CLERK INVOICE WORKSHEET(S) by signing rank, name and shield number. COMMAND CLERK 7. Enter PROPERTY CLERK INVOICE WORKSHEET(S) into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE(S) (PD521-141). UNIFORMED MEMBER OF THE SERVICE 8. Digitally sign PROPERTY CLERK INVOICE(S) verifying accuracy and completeness. PATROL SUPERVISOR 9. Digitally sign PROPERTY CLERK INVOICE(S) verifying accuracy and completeness. DESK OFFICER 10. Make entry in PROPERTY LOG (PD521-147) to account for any PROPERTY CLERK INVOICE(S) prepared. 11. Notify owner, if known, and Harbor Unit for removal of boat to storage facility. 12. Create a PROPERTY TRANSFER REPORT (PD521-1412) utilizing the Property and Evidence Tracking System. UNIFORMED MEMBER OF THE SERVICE 13. Digitally sign PROPERTY TRANSFER REPORT if no discrepancies. 14. Deliver PROPERTY CLERK INVOICE, PROPERTY TRANSFER REPORT and Property and Evidence Tracking System Label to responding Harbor Unit Member. RESPONDING HARBOR UNIT 15. Affix Property and Evidence Tracking System Label to boat and verify entries on PROPERTY CLERK INVOICE and PROPERETY TRANSFER REPORT. 16. Deliver boat with PROPERTY CLERK INVOICE to storage facility. 17. Conduct intake of PROPERTY CLERK INVOICE in the Property and Evidence Tracking System. 18. Notify desk officer, invoicing command, of PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) confirmation number. UNIFORMED MEMBER OF THE SERVICE 19. Enter information concerning boat and disposition in ACTIVITY LOG (PD112-145). RESPONDING HARBOR UNIT 20. Enter Harbor Unit Storage Number on all related records. 21. Forward copy of PROPERTY CLERK INVOICE to Property Clerk Inventory Unit. 22. Identify and notify owner of boat, if not already been done. 23. Cancel alarm, if applicable. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS An alarm will NOT be cancelled until boat is actually at storage facility or receipted for by owner. When a boat is found adrift by Harbor Unit personnel, the member assigned to Harbor Unit will prepare the PROPERTY CLERK INVOICE and notify the desk officer, precinct of record. When a boat is found on a street, contact Department tow for removal. Do not contact Rotation Tow. FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) PROPERTY LOG (PD521-147) PROPERTY TRANSFER REPORT (PD521-1412) PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) P.G. 218-23 Processing Firearms And Firearm-Related Evidence Date Effective: 08/01/13 PURPOSE To ensure that all firearms and firearm-related evidence coming into possession of the Department is properly marked, packaged, sealed, and invoiced in order to maintain a continuous chain of custody. DEFINITIONS FIREARM - The Department's definition of a firearm includes: a. Any rifle, shotgun, pistol, revolver, derringer, machine gun, etc., WITH OR WITHOUT a rifled bore. b. Any starter's pistol, zip gun, air gun, CO2 hand/long gun, etc. c. Any type of homemade, modified, converted, etc., weapon. d. Any type of simulated firearm such as a toy gun, imitation pistol, etc. CARTRIDGE - Live ammunition. A cartridge consists of a bullet (projectile), and a shell casing together as one unit. Cartridge(s) will be distinguished based upon the location from which the cartridge was recovered: a. Cartridge removed from the chamber of a firearm. b. Remaining cartridge(s) removed from a firearm other than the cartridge removed from the chamber (i.e., removed from magazine or removed from cylinder). c. Cartridge(s) NOT removed from a firearm but seized in connection with the recovery of a firearm from a person, object, or location AND there is no need to establish a crime scene (for example: cartridge(s) seized from a person's clothing in connection with an arrest where a firearm is recovered: OR, cartridge(s) seized from a home during an investigation where a firearm is recovered AND there is no need to establish a crime scene because all of the perpetrators are identified). d. Cartridge(s) NOT removed from a firearm but recovered from a crime scene where a firearm may or may not have been recovered (for example: cartridge(s) found lying in the street after a shooting; OR, cartridge(s) found lying on the floor in an apartment or automobile after a robbery). FIRED BULLET - That part of a cartridge which has been fired though the barrel of a firearm (usually lead, metal-jacketed lead or coated lead). A fired bullet may break into pieces of lead, coated lead, metal jacketing, metal jacketing attached to lead, etc. SHELL CASING - Metal casing part of the cartridge remaining in or ejecting from a firearm after the fired bullet leaves the firearm's barrel. PROPERLY "MARKING" FIREARMS AND FIREARM-RELATED EVIDENCE - Members of the service will utilize a scribe or other sharp writing instrument to scratch their initials and a unique consecutive number on each firearm and each item of firearm-related evidence. For example, if at a crime scene 1 fired bullet and 3 shell casings and a semiautomatic pistol with 1 cartridge in the chamber and 4 cartridges in the magazine are recovered; then the firearm would be numbered 1, the magazine numbered 2, the cartridge in the chamber numbered 3 and the cartridges in the magazine would be numbered 4 through 7, the fired bullet would be numbered 8 and the 3 shell casings would be numbered 9 through 11. It does not matter what particular number a firearm or item of firearm-related evidence is assigned provided the same number is not used more than once. Therefore, in the above example, it also would be proper to have the fired bullet numbered 1, the 3 shell casings numbered 2 through 4, the firearm numbered 5, the magazine numbered 6, the cartridge in the chamber numbered 7 and the 4 cartridges in the magazine numbered 8 through 11. PROPERLY "SEALING" A CONTAINER - In order to properly seal a container (other than NYPD Plastic Security Envelope), a member of the service must: a. Fasten the container securely with EVIDENCE TAPE in a manner to prevent loss / contamination of the evidence and to ensure that if the container is opened there would be obvious damage to the container and / or evidence tape AND sign name legibly across the border between the evidence tape and the container. b. An NYPD Plastic Security Envelope has adhesive on the envelope flap and does not have to be fastened with evidence tape; however, name must be legibly signed across the border between the flap and the envelope. PROCEDURE Whenever a firearm as defined above, and/or firearm-related evidence comes into the possession of a member of the service, in addition to other required actions: UNIFORMED MEMBER OF THE SERVICE 1. DO NOT touch, move or disturb any firearm and/or firearm-related evidence that may become part of a crime scene except when absolutely necessary, e.g., large crowd gathering, rendering aid to a victim, etc. 2. Unload cartridge(s) from cylinder, chamber, and/or magazine of a firearm. a. To prevent possible destruction of fingerprints or other forensic evidence, DO NOT handle unnecessarily. b. If a firearm is unfamiliar or it appears to be difficult to unload, safeguard in original condition and notify desk officer. 3. Mark, package and seal the cartridge removed from the chamber of the firearm. a. Mark the bullet portion of the cartridge; do not mark the metal shell casing portion. Do not mark the cartridge if it is too small / deformed. b. Package and seal in a container / envelope. Write initials, unique consecutive number and "Cartridge Removed From Chamber" on the container and include the serial number of the firearm / lead seal. 4. Mark, package and seal ALL cartridges removed from the firearm other than the cartridge removed from the chamber. a. Mark the bullet portion of the cartridge(s); do not mark the metal shell casing portion. If the cartridge is too small / deformed to mark, package each cartridge that cannot be marked in a separate container / envelope, seal it, write initials and unique consecutive number on the container and package in conformance with step 4b. b. Package and seal ALL cartridges removed from firearm other than the cartridge removed from the chamber in one evidence container / envelope. Write "Cartridge(s) Removed From Firearm" on container and include the serial number of the firearm / lead seal. 5. Mark, package and seal ALL cartridge(s) NOT removed from a firearm but seized in connection with the recovery of a firearm from a person and / or location AND there is no need to establish a crime scene. a. Mark the bullet portion of the cartridge(s); do not mark the metal shell casing portion. If the cartridge is too small / deformed to mark, package each cartridge that cannot be marked in a separate container / envelope, seal it, write initials and unique consecutive number on the container and package in conformance with step "5b" or "5c", as applicable. b. DO NOT package cartridges removed from a person in the same container / envelope as cartridges removed from a location. All cartridges removed from the same person will be packaged in one container / envelope and cartridges removed from different persons will be packaged in separate containers / envelopes. Write the name and date of birth of the person from whose clothing the cartridge(s) were recovered and the words "Cartridge(s) Removed From Clothing" on EACH separate container and include the serial number of the firearm / lead seal. c. DO NOT package cartridges removed from a location in the same container / envelope as cartridges removed from a person. All cartridges that were seized from the same location will be packaged in one container / envelope and cartridges removed from different locations will be packaged in separate containers / envelopes. Identify the location from which the cartridge(s) were recovered on EACH separate container and include the serial number of the firearm / lead seal. d. Package entire box or boxes, if one or more boxes containing cartridges are seized in connection with the recovery of a firearm and there is no need to establish a crime scene, in an appropriate container and seal. Write initials and unique consecutive number on the outside of the container. It is not necessary to individually mark the bullet portion of each cartridge in the box. 6. Mark, package and seal ALL cartridges that were NOT removed from a firearm BUT were recovered from a crime scene where a firearm may or may not have been recovered. a. Mark the bullet portion of ALL of the cartridges. DO NOT mark or place any scratches on the metal shell casing portion of the cartridges. If a cartridge is too small / deformed to mark, write initials and unique consecutive number on the container / envelope in which the cartridge is packaged. b. Package and seal each individual cartridge in a separate container / envelope. NEVER place two or more individual cartridges in the same container / envelope. 7. Mark, package and seal ALL fired bullets recovered from a crime scene. a. Mark the bottom / base of ALL of the fired bullets. DO NOT mark or place any scratches on or near the sides of the fired bullets. If a fired bullet is too small / deformed to mark, write initials and unique consecutive number on the container/envelope in which the fired bullet is packaged. b. Package and seal each individual fired bullet in a separate container / envelope. NEVER place two or more individual fired bullets in the same container / envelope. 8. Mark, package and seal ALL shell casing(s) recovered from a crime scene. a. Mark the inside of ALL of the shell casings. DO NOT mark or place any scratches on the exterior or bottom of the shell casings. If a shell casing is too small / deformed to mark, write initials and unique consecutive number on the container / envelope in which the shell casing is packaged. b. Package and seal each individual shell casing in a separate container / envelope. NEVER place two or more individual shell casings in the same container/envelope. 9. Mark initials and unique consecutive number on recovered firearm(s). a. Affix a separate lead seal on EACH firearm without a distinguishable serial number. 10. Mark initials and unique consecutive number on magazine removed from firearm. 11. Mark initials and unique consecutive number on ALL silencers seized. 12. Mark initials and unique consecutive number on ALL other types of firearm-related evidence that is not affixed to a firearm. 13. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) for recovered firearm(s) and firearm-related evidence. a. List the firearm as item #1 on line 1 of the WORKSHEET and describe by listing the make, firearm type and serial number (e.g., Colt revolver serial number 1234, Mossberg shotgun serial number 4567, etc.). (1) Firearm type will be: pistol, revolver, derringer, shotgun, rifle, air/CO2 pistol, air/CO2 rifle or "other." Examples of the firearm type "other" would include toy gun, starter's pistol, imitation pistol, black powder gun, etc. (2) If there is no serial number or the serial number is defaced, write "no / defaced serial number" (e.g., Glock pistol no/defaced serial number, Crossman air/CO2 pistol no/defaced serial number, etc.). b. List the magazine removed from the firearm, if any, as the next item on the WORKSHEET. c. List the cartridge removed from the chamber of the firearm as the next item on the WORKSHEET and describe the caliber, e.g., ".38 caliber cartridge removed from the chamber of the firearm." (1) Describe the caliber of the cartridge removed from the chamber of the firearm as "unknown" if the caliber cannot be determined. d. List ALL cartridges removed from the firearm that are the same "caliber" as a separate ITEM on a separate line on the WORKSHEET; and, give all cartridges removed from the firearm that are the same caliber the same ITEM number, and describe the caliber. For example, if five cartridges removed from a firearm are removed from the magazine of the firearm, and three are .380 caliber cartridges and two are 9mm caliber cartridges, then list the three .380 caliber cartridges as a separate item on a separate line on the WORKSHEET and give them a separate ITEM number and describe them as ".380 caliber cartridges removed from the firearm"; and, list the two 9mm caliber cartridges as the next item on a separate line on the WORKSHEET and give them a separate ITEM number and describe them as "9mm caliber cartridges removed from the firearm." (1) Describe the caliber of one or more of the cartridges removed from the firearm as "unknown" if the caliber cannot be determined. e. Silencer, whether or not affixed to a firearm, will be listed separately as the next item of the WORKSHEET. If more than one silencer is recovered, each silencer will be listed as a separate item on the WORKSHEET and will be separately described. State on the WORKSHEET whether the silencer was affixed to the firearm and if not, identify the person or location from where it was recovered. f. Each firearm accessory that is affixed to the firearm (scope, laser, sling, etc.) OR, that is not affixed to the firearm but is necessary to make the firearm operable, will be listed separately as the next item(s) on the WORKSHEET and will be separately described. g. List any additional firearm(s), associated magazine(s), cartridges(s), silencer(s), appropriate accessories, etc., as the next items(s) of the WORKSHEET in accordance with the procedures and sequence contained in Steps "13a" through "13f ", as applicable. h. List ALL cartridges NOT removed from the firearm but seized in connection with the recovery of a firearm from a particular person and there is no need to establish a crime scene as ONLY one item on the next line of the WORKSHEET, irrespective of the total number of cartridges recovered from that person. Under "Quantity," list the TOTAL number of cartridge(s) NOT removed from the firearm but seized from a particular person. Describe as "cartridge(s) NOT removed from the firearm and identify the person." (1) If cartridges were seized from more than one person, list the cartridges seized from different persons on separate lines on the WORKSHEET and identify that person. Use only one line of the WORKSHEET for each specific person from whom the cartridges were seized, irrespective of the total number of cartridges that were seized from that person. i. List ALL cartridges NOT removed from a firearm but seized in connection with the recovery of a firearm from a particular location and there is no need to establish a crime scene as ONLY one item on the next line of the WORKSHEET, irrespective of the total number of cartridges recovered from a particular location. Under "Quantity," list the total number of cartridge(s) NOT removed from the firearm but seized from a particular location. Describe as "cartridge(s) NOT removed from the firearm" and identify the location, e.g., briefcase, closet, trunk of auto, etc. (1) If cartridges were seized from more than one location, list the cartridges seized from different locations on separate lines of the WORKSHEET and describe the location. Use only one line of the WORKSHEET for each specific location from where cartridges were seized, irrespective of the total number of cartridges that were seized from that particular location. j. List ALL shell casings recovered from a crime scene that are the same "caliber" as a separate ITEM on a separate line on the WORKSHEET; and, give all shell casings recovered from a crime scene that are the same caliber the same ITEM number and describe the caliber of the shell casings. For example, if seven shell casings are recovered from a crime scene, and three are .380 caliber shell casings and four are 9mm caliber shell casings, then list the three .380 caliber shell casings as a separate item on a separate line on the WORKSHEET and give them a separate ITEM number and describe them as ".380 caliber shell casings recovered from crime scene"; and, list the four 9mm caliber shell casings as the next item on a separate line on the WORKSHEET and give them a separate ITEM number and describe them as "9mm caliber shell casings recovered from crime scene." (1) Describe the caliber of one or more of the shell casings recovered from a crime scene as "unknown" if the caliber cannot be determined. k. List ALL fired bullets recovered from a crime scene as only one item on the next line of the WORKSHEET, irrespective of the total number of fired bullets recovered. Under "Quantity," list the TOTAL number of fired bullets. Describe the evidence as "fired bullets recovered from crime scene." l. List ALL cartridges NOT removed from a firearm that are recovered from a crime scene that are the same "caliber" as a separate ITEM on a separate line on the WORKSHEET; and, give all cartridges NOT removed from a firearm that are recovered from a crime scene that are the same caliber the same ITEM number and describe the caliber of the cartridges. For example, if seven cartridges NOT removed from a firearm are recovered from a crime scene, and three are .380 caliber cartridges and four are 9mm caliber cartridges, then list the three .380 caliber cartridges as a separate item on a separate line on the WORKSHEET and give them a separate ITEM number and describe them as ".380 caliber cartridges NOT removed from a firearm that are recovered from crime scene"; and, list the four 9mm caliber cartridges as the next item on a separate line on the WORKSHEET and give them a separate ITEM number and describe them as "9mm caliber cartridges NOT removed from a firearm that are recovered from crime scene." (1) Describe the caliber of one or more of the cartridges NOT removed from a firearm that are recovered from a crime scene as "unknown" if the caliber can not be determined. 14. Place firearm and all other firearm-related evidence that is listed on the same WORKSHEET into one Plastic Security Envelope and properly seal in presence of desk officer. a. If firearm and firearm-related evidence will not fit into one Plastic Security Envelope: (1) Place the firearm and all other firearm-related evidence that are invoiced on the same WORKSHEET into the one appropriate sized bag / container. If possible, DO NOT use more than one bag / container. (2) Properly seal the bag / container. (3) Write command and invoice number on the outside of the bag / container. If more than one bag / container is used, write command, invoice number and corresponding item numbers on the outside of EACH bag/container. Mark EACH bag/container as "Bag 1 of _____," "Bag 2 of _____," etc. b. DO NOT place evidence listed on two different INVOICES into the same Plastic Security Envelope or the same bag / container. All property must be properly tagged, packaged or sealed, and clearly identified by INVOICE number and barcode. Ensure that every bag / security envelope or item that cannot fit in a bag / security envelope has Property and Evidence Tracking System barcode label or Property Clerk Seal attached to the bag / property. 15. When a firearm with a distinguishable serial number is seized, query NYSPIN / NCIC by utilizing the FINEST system. 16. Do not cancel alarm for firearm(s). a. Recovering command will not cancel alarm for firearms. CANCELLATION WILL BE MADE ONLY BY STOLEN PROPERTY INQUIRY SECTION. 17. Prepare an OMNIFORM computer generated copy of the COMPLAINT REPORT (PD313-152) from the precinct of recovery. This applies for all firearms as described in the "Definitions," e.g., zip, air/CO2, imitation, etc. 18. Prepare REQUEST FOR LABORATORY EXAMINATION REPORT- (PD 521-168) utilizing the Property and Evidence Tracking System, if firearm(s) and / or firearm-related evidence must be examined by the Police Laboratory or Office of the Chief Medical Examiner (OCME) Forensic Biology Unit, or other forensic laboratory. 19. Deliver firearm(s) and firearm-related evidence to the desk officer, command of occurrence. COMMAND CLERK 20. Generate PROPERTY CLERK INVOICE (PD521-141) and REQUEST FOR LABORATORY EXAMINATION REPORT (if prepared) from WORKSHEET utilizing the Property and Evidence Tracking System. DESK OFFICER 21. Verify that: a. Firearm is unloaded. If the firearm is unfamiliar or appears to be difficult to unload, safeguard in original condition and notify ESU to respond and unload the firearm and render it safe b. Firearm(s) and firearm-related evidence are properly marked, packaged and sealed c. INVOICE(S) and forms were properly prepared d. Required notifications have been made. 22. Enter a notation in the "Remarks" section of the INVOICE that the corresponding firearm(s) have been unloaded / rendered safe. 23. Review OMNIFORM computer generated copy of COMPLAINT REPORT with particular attention to the following captions: a. Address/Location of Occurrence - Be specific regarding address, street, apartment number, borough, zip code, etc. b. Perpetrator Section - Be specific regarding height, weight, ethnicity, date of birth, age, sex, address, street, apartment number, zip code, etc. c. Evidence Section - Must indicate firearms and invoice number. d. Weapon Section - Describes the firearm as per all of the captions. 24. Utilize the Property and Evidence Tracking System to create a PROPERTY TRANSFOR REPORT (PD521-1412). 25. Attach the following to the invoiced firearms / firearm-related evidence: a. Two copies of PROPERTY CLERK INVOICE b. Copy of OMNIFORM computer generated COMPLAINT REPORT. c. Copy of REQUEST FOR LABORATORY EXAMINATION REPORT (if prepared) d. Copy of FINEST printout. 26. Forward invoiced firearms and / or firearm-related evidence to the Police Laboratory in the appropriate manner. When necessary, make arrangements to have firearms and / or firearm-related evidence expeditiously delivered to the Police Laboratory. a. Ensure that all invoiced firearms and / or firearm-related evidence in the command property locker that must be examined by the Police Laboratory, Firearms Analysis Section, are delivered to the patrol borough office by 0100 hours daily. b. Exigent circumstances must exist AND the desk officer MUST obtain permission from the precinct commanding officer / duty captain in order to delay beyond 0100 hours or cancel delivery to the patrol borough office of the invoiced firearms / firearm-related evidence that must be examined by the Firearms Analysis Section. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Members should be aware that firearm accessories (e.g., holster, sling, gun case, etc.), that are not affixed to the firearm AND are not needed to make the firearm operable, will not be listed on the same INVOICE as the firearm(s) and firearm-related evidence. Instead, the accessories will be listed on a separate WORKSHEET and will be delivered direct t the Property Clerk Division. If there is more than one accessory, invoice all of the accessories on one INVOICE if possible, and list each accessory as a separate item on the WORKSHEET. Members are reminded that a PROPERTY CLERK INVOICE will not exceed twenty line items if the INVOICE is being sent or has the potential to be sent to the Police Laboratory for laboratory analysis. FIREARMS INVOICED FOR SAFEKEEPING Certain firearms coming into possession of members of the service which are categorized for "Safekeeping", should be listed on one INVOICE and must be delivered DIRECT to the Property Clerk Division. Firearms within this category are: a. Property of retired, resigned, dismissed, suspended, sick or hospitalized uniformed members of the service. b. Lawfully possessed property of a deceased person. c. Obtained from a licensed dealer when license is revoked, suspended or expired. d. Lawfully possessed and removed by court order, order of protection, etc. e. Obtained from permit holder during renewal, expiration or cancellation of permit. If any of the above described firearms were obtained under circumstances that indicate a valid reason for examination, ONLY the firearms that require examination will be forwarded to the Firearms Analysis Section. All of the firearms that require examination will be listed on one INVOICE, if possible. The reason for the examination will be specifically explained on the REQUEST FOR LABORATORY EXAMINATION REPORT. DO NOT invoice firearms categorized for safekeeping that are being delivered to the Firearms Analysis Section on the same INVOICE as the firearms that are being delivered DIRECT to the Property Clerk Division. BIOLOGICAL EVIDENCE If firearms and / or firearms-related evidence also have bloodstains, DNA, serology, saliva, body fluids, tissue, or any other biological evidence thereon, they will be processed according to the following guidelines: a. DO NOT package biological evidence if it is wet; it must be air-dried before it is packaged. b. DO NOT package biological evidence requiring examination / analysis in a plastic security envelope or any other type of plastic bag / container. Package and properly seal EACH individual item of biological evidence requiring examination / analysis in a separate paper bag / container. Affix an orange Biohazard label to each paper bag / container. (1) Write command and invoice number on the outside of each bag / container. If more than one bag / container is used, also write corresponding item number on the outside of each bag / container and mark each bag / container as "Bag 1 of _____," "Bag 2 of _____," etc. c. Do not mark firearms and / or firearm-related evidence if to do so would contaminate, alter, damage, etc, the biological evidence thereon. Instead, properly mark each separate firearm and firearm-related evidence container that contains DNA / biological evidence in the following manner: (1) Legibly print your name in BLOCK letters. (2) Legibly print the unique consecutive number that will be used to identify the item of DNA / biological evidence that will be packaged therein. (3) If applicable, legibly print the Crime Scene Unit Run Number. (4) Legibly print an accurate description of the item of DNA / biological evidence being placed in the container. (5) If a Biological Evidence Bag is utilized, ensure there is an entry in each caption on each Biological Evidence Bag. FIREARMS TRACES All firearms that are delivered to the Firearms Analysis Section (FAS) are automatically traced by the Bureau of Alcohol Tobacco and Firearms (BATF), unless there is a specific request / directive that a firearm(s) trace not be conducted. The results of the automatic firearm(s) trace are not communicated / forwarded to the invoicing member. Consequently, in a routine situation, an investigator who must obtain trace information regarding a firearm should request the firearm trace information from the BATF Regional Crime Gun Center approximately two weeks after the date that the firearm(s) was delivered to FAS. Requests to trace specific firearm(s) are NOT made to the Firearms Analysis Section. During the course of an investigation, search / seizure, arrest, etc., if there is an urgent / immediate need to trace a firearm(s), the request to trace the firearm(s) should be made DIRECT to a supervisor assigned to the Organized Crime Control Bureau, Joint Firearms Task Force (JFTF). If a JFTF supervisor cannot be contacted, contact the JFTF supervisor through the Organized Crime Control Bureau, Field Operations Desk. In certain situations, an investigating officer may not want a firearm to be automatically traced by BATF because it might jeopardize an investigation or endanger someone. For example, the firearm may have been purchased by an undercover officer and the investigation is ongoing. In order to prevent an automatic firearm trace from occurring, enter "***DO NOT TRACE***" in capital letters in the "Remarks" sections of both the INVOICE and the REQUEST FOR LABORATORY EXAMINATION REPORT. At any point during the investigation, when deemed appropriate by the unit commanding officer, a request to trace one or more specific firearms, previously identified as "DO NOT TRACE," can be made by telephone DIRECT to BATF, Regional Crime Gun Center. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) PROPERTY TRANSFER REPORT (PD521-1412) P.G. 218-24 Processing Controlled Substances/Marijuana Contraband Stored At Stationhouse Date Effective: 08/01/13 PROCEDURE To process controlled substances / marijuana contraband weighing less than eight ounces and store it securely in controlled substances locker in stationhouse. DEFINITIONS CONTROLLED SUBSTANCES CONTRABAND - Any dangerous drug or an instrument used to administer dangerous drugs. PROPERLY SEALED EVIDENCE - Evidence that is packaged in an appropriate container and sealed so its contents cannot readily escape. Tape, heat seal, or adhesive from an envelope are proper seals. Staples used as a seal do NOT constitute a proper seal. Evidence is properly sealed if its contents cannot readily escape the container and if entering the container would result in obvious damage / alteration to the container or its seal. PROCEDURE Upon obtaining controlled substances / marijuana contraband: UNIFORMED MEMBER OF THE SERVICE 1. Bring contraband to precinct where obtained and notify desk officer. 2. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A), as appropriate. COMMAND CLERK 3. Enter WORKSHEET into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). UNIFORMED MEMBER OF THE SERVICE 4. Request serially numbered Narcotic Evidence Envelope (Misc.242) (security lock-type envelope) and Plastic Security Envelope from desk officer. 5. Complete captions on envelope. 6. Mark contraband for future identification. a. Glassine envelopes will be consecutively numbered and the total number of envelopes will be noted in addition to the officer's initials, i.e., 1/10, 2/10, 3/10, etc. 7. Perform the following under the supervision of the desk officer: a. Place contraband in Narcotics Evidence Envelope (1) Controlled substances contraband that contains phencyclidine (Angel Dust) will be put in a plastic security envelope, and sealed, prior to being placed in Narcotics Evidence Envelope. b. Moisten flap, insert metal clasp, seal and sign name, shield number, command and date across flap. DO NOT use staples to seal envelope. c. Place sealed and signed Narcotic Evidence Envelope inside a Plastic Security Envelope. (1) The captions on the Narcotic Evidence Envelope should be visible through the rear of the Plastic Security Envelope. d. Seal Plastic Security Envelope by removing plastic strip exposing the pre- applied adhesive and fold the top of envelope over aligning blue circles. Sign name, shield number, command, and date across the seal. e. Record the serial numbers of both envelopes on the PROPERTY CLERK INVOICE utilizing the "Packaging" function in the Property and Evidence Tracking System. f. Affix two "Property Clerk" copies of the PROPERTY CLERK INVOICE to Plastic Security Envelope near the blue circles. g. Deposit sealed Plastic Security Envelope with papers attached in controlled substances locker. (1) DO NOT place the controlled substance Khat into the controlled substance locker, if applicable. The invoiced controlled substance will be transported directly to the Police Laboratory. DESK OFFICER 8. Enter serial numbers from Narcotics Evidence Envelope and Plastic Security Envelope in the PROPERTY LOG. a. Use one space on the PROPERTY LOG to account for all Narcotic Evidence Envelopes and Plastic Security Envelopes on the same PROPERTY CLERK INVOICE, if possible. 9. Digitally sign INVOICE verifying accuracy and completeness. 10. Distribute "ADA" as per instructions on INVOICE. UNIFORMED MEMBER OF THE SERVICE 11. Notify desk officer of docket number and disposition of case immediately after arraignment of the defendant. DESK OFFICER 12. Process and forward controlled substances / marijuana contraband to Police Laboratory in conformance with P.G. 218-04, "Delivery of Evidence to the Police Laboratory." a. Ensure the invoiced controlled substance Khat is transported directly to the Police Laboratory, if applicable. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS A member of the Narcotics Division who obtains controlled substances / marijuana contraband without effecting an immediate arrest (undercover buy) will mark, seal and tag contraband in the presence of the covering field team and process it through the Police Laboratory. To prevent injury /infections when handling or forwarding hypodermic needles / syringes to Police Laboratory, members of the service will place such items in plastic tubes, needle end first. The plastic tube will be capped, if possible. However, if the syringe extends beyond the tube, it will be secured with tape. UNDER NO CIRCUMSTANCES SHOULD A MEMBER OF THE SERVICE ATTEMPT TO REMOVE OR DISLODGE A NEEDLE FROM A HYPODERMIC SYRINGE. Members of the service will use hypo containers for the safe and proper handling of hypodermic needles, syringes, and other sharp narcotic items. Therefore, the following procedure will be complied with when invoicing hypodermic needles, syringes, and other sharp narcotics paraphernalia: a. Utilize hypo container which comes in a plastic bag containing full instructions. Labels affixed to the hypo containers provide spaces for the invoicing member's name, date, tax registry number and command. b. Invoice hypo containers on a separate PROPERTY CLERK INVOICE apart from other property / evidence involved in same occurrence. c. Place hypo containers in serialized plastic security envelope, if involved in same occurrence. d. Store invoice and plastic security envelope containing hypo containers in property locker to be forwarded to the appropriate Property Clerk facility. UNDER NO CIRCUMSTANCES SHOULD A MEMBER OF THE SERVICE ATTEMPT TO REMOVE OR DISLODGE A NEEDLE FROM A HYPODERMIC SYRINGE. If facts indicate hypodermic syringe / needles may bear fingerprints or other forensic evidence, it should be safeguarded until examined by the Crime Scene Unit. RELATED PROCEDURES Delivery of Evidence to the Police Laboratory (P.G. 218-04) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY LOG (PD521-147) P.G. 218-25 Processing Controlled Substances/Marijuana Contraband Not Stored At Stationhouse Date Effective: 08/01/13 PURPOSE To process controlled substances / marijuana contraband weighing eight ounces or more, or too large for deposit in the command controlled substances locker, or controlled substance KHAT. DEFINITION CONTROLLED SUBSTANCES CONTRABAND - Any dangerous drug or an instrument used to administer dangerous drug. PROCEDURE Upon obtaining controlled substances / marijuana contraband weighing eight ounces or more, or too large for deposit in the command controlled substances locker, or the controlled substance KHAT: UNIFORMED MEMBER OF THE SERVICE 1. Bring contraband to command where obtained. 2. Notify the desk officer. 3. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A), as appropriate. COMMAND CLERK 4. Enter WORKSHEET into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). UNIFORMED MEMBER OF THE SERVICE 5. Perform the following under the supervision of the desk officer: a. Mark contraband for future identification. (1) Glassine envelopes will be consecutively numbered and the total of envelopes will be noted in addition to the officer's initials, i.e., 1/10, 2/10, 3/10, etc. b. Request serially numbered Narcotics Evidence Envelope (security lock-type envelope) and Plastic Security Envelope from desk officer, if contraband will fit in such envelopes. c. Place contraband in Narcotics Evidence Envelope (1) Moisten flap, insert metal clasp and seal. d. Securely wrap contraband in package and seal with tape if contraband will not fit in Narcotics Evidence Envelope. 6. Sign name, shield number, command and date across flap of Narcotic Evidence Envelope or taped area of wrapped package. DESK OFFICER 7. Place sealed and signed Narcotics Evidence Envelope, if used, inside a Plastic Security Envelope. a. The captions on the Narcotics Evidence Envelope should be visable through the rear of the Plastic Security Envelope. b. The serial numbers of both envelopes are recorded on the PROPERTY CLERK INVOICE utilizing the "Packaging" function in Property and Evidence Tracking System. 8. Create a PROPERTY TRANSFER REPORT (PD521-1412) utilizing the Property and Evidence Tracking System. 9. Enter serial numbers from Narcotics Evidence Envelope and Plastic Security Envelope in PROPERTY LOG (PD521-147). a. Use one space on the PROPERTY LOG to account for all Narcotics Evidence Envelopes and Plastic Security Envelopes on the same INVOICE, if possible. 10. Have invoicing officer digitally sign PROPERTY TRANSFER REPORT. 11. Give following forms to invoicing member: a. Two "Property Clerk" copies of INVOICE. b. Two copies of PROPERTY TRANSFER REPORT. UNIFORMED MEMBER OF THE SERVICE 12. Deliver to Police Laboratory: a. Controlled substances / marijuana contraband b. One "Property Clerk" copy of INVOICE c. One copy of PROPERTY TRANSFER REPORT. 13. Notify Police Laboratory's Evidence Control Section (ECS) supervisor if delivering the controlled substance Khat. POLICE LABORATORY EVIDENCE CONTROL OFFICER 14. Compare property delivered against PROPERTY TRANSFER REPORT and INVOICE and, if accurate confirm acceptance of property utilizing the Property and Evidence Tracking System. a. Record laboratory number. ADDITIONAL DATA OPERATIONAL CONSIDERATONS A member of the Narcotics Division who obtains controlled substances / marijuana contraband without effecting an immediate arrest (undercover buy) will mark, seal and tag contraband in the presence of the covering field team and process it through the Police Laboratory. If an undercover buy occurs and the purity of the narcotic is needed to be reported, the member of the service will use a black permanent marker and write "PURITY" on the side of the PROPERTY CLERK INVOICE that is attached to the evidence. Members of the service are reminded that at NO time will the controlled substance Khat be placed in a command's controlled substance locker. The active ingredient in Khat quickly dissipates if not properly and expeditiously handled. Members of the service should make every reasonable attempt to keep the substance in a cool environment while transporting to the Police Laboratory. Members of the service will use hypo containers for the safe and proper handling of hypodermic needles, syringes and other sharp narcotic items. Therefore, the following procedures will be complied with when invoicing needles, syringes, and other sharp narcotics paraphernalia: a. Utilize hypo container which comes in a plastic bag and follow enclosed instructions. Labels affixed to the hypo containers provide spaces for the invoicing member's name, date, tax registry number and command b. Voucher hypo containers on a separate PROPERTY CLERK INVOICE apart from other property / evidence involved in same occurrence c. Place hypo containers in serialized plastic security envelope, if involved in same occurrence. No other evidence, e.g., glassine envelopes, etc., will be placed in the same security envelope d. Store INVOICE and plastic security envelope containing hypo containers in property locker to be forwarded to the appropriate Property Clerk facility. UNDER NO CIRCUMSTANCES SHOULD A MEMBER OF THE SERVICE ATTEMPT TO REMOVE OR DISLODGE A NEEDLE FROM A HYPODERMIC SYRINGE. If facts indicate hypodermic syringe / needles may bear fingerprints or other forensic evidence, it should be safeguarded until examined by the Crime Scene Unit. FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY LOG (PD521-147) PROPERTY TRANSFER REPORT (PD521-1412) P.G. 218-26 Processing Found Property Date Effective: 08-19-13 PURPOSE To record and process found property. SCOPE Found property valued at ten dollars or more is required to be reported to, and deposited with, the police. However, members of the service coming into possession of found property on the New York City subway system, other than U.S. currency or contraband, will deliver such property to the NYC Transit Railroad Clerk for forwarding to the NYC Transit Lost Property Office. In addition, property found in yellow medallion taxis only, will be taken by either the taxi driver or an individual specified by the taxi garage, to one of the eight commands designated as the repository for such property: PBMS PBMN PBBX PBBS 017 PRECINCT CENTRAL PARK PCT 043 PRECINCT 076 PRECINCT PBBN PBQS PBQN PBSI 094 107 115 120 PRECINCT PRECINCT PRECINCT PRECINCT PROCEDURE Upon coming into possession of found property: UNIFORMED MEMBER OF THE SERVICE 1. Issue receipt to person delivering property, if other than a member of the service. a. If turned in at command, command clerk will prepare PROPERTY CLERK INVOICE (PD521-141) utilizing the Property and Evidence Tracking System. Print and give finder appropriate copy of INVOICE as receipt. b. If delivered to member on patrol, prepare appropriate captions on COLLISION INFORMATION EXCHANGE/ACKNOWLEDGMENT OF FOUND PROPERTY (PD301-092), including a description of the property and signature of receiving member. c. If member of the service comes into possession of found property on the New York City subway system, other than U.S. currency or contraband, member will deliver such property to the NYC Transit Railroad Clerk for forwarding to the NYC Transit Lost Property Office. (1) Whenever possible, direct or escort person to the NYC Transit Railroad Clerk to turn in found property prior to accepting custody of property. (2) Secure a receipt from the NYC Transit Railroad Clerk, detailing a description of the property, and give to the person finding the property or retain receipt if personally delivering property to NYC Transit Railroad Clerk. 2. Enter facts in ACTIVITY LOG (PD112-145). 3. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A), as appropriate. 4. Deliver property and WORKSHEET to desk officer. COMMAND CLERK 5. Enter reporting member's WORKSHEET including circumstances of the found property from the "Remarks" section, into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521- 141). UNIFORMED MEMBER OF THE SERVICE 6. Digitally sign INVOICE verifying accuracy and completeness. DESK OFFICER 7. Digitally sign INVOICE verifying accuracy and completeness. 8. Complete entries in PROPERTY LOG (PD521-147). a. Use one space on PROPERTY LOG to account for all Plastic Security Envelopes or Jewelry Security Envelopes listed on the same PROPERTY CLERK INVOICE, if possible. 9. Make Command Log entry indicating presence of member of the service with property and INVOICE number. a. Enter time and name of occupant or person in charge of premises who was notified of police custody of property, if property was delivered to command by other than occupant or person in charge of premises where property was found. 10. Have REPORT OF UNCLAIMED PROPERTY (PD542-122) prepared and forwarded as indicated on form. IF PROPERTY IS RETURNED TO OWNER AT COMMAND: DESK OFFICER 11. Require the claimant to produce valid identification, preferably photo identification. (See P.G. 208-28, "Identification Standards for Desk Appearance Tickets", step "1", for examples of satisfactory forms of valid identification). a. Identification should include claimant's name and current address. 12. Check property/vehicle against PROPERTY CLERK INVOICE. 13. Request claimant examine security lead seal and/or plastic security envelope and check against number entered in INVOICE (if seal or envelope is used), prior to breaking seal or opening envelope. 14. Complete the "Release/Disposition - Return to Owner" function utilizing the Property and Evidence Tracking System. a. Have claimant sign utilizing the digital signature capture device. 15. Approve delivery of property/vehicle utilizing username and password. 16. Release property/vehicle to claimant. 17. Forward "Property Clerk" copy of INVOICE and photocopy of claimant's identification to the appropriate Property Clerk facility. 18. Destroy all copies of REPORT OF UNCLAIMED PROPERTY, if property was claimed prior to the distribution and forwarding of the REPORT OF UNCLAIMED PROPERTY. a. Forward first copy of REPORT OF UNCLAIMED PROPERTY, with disposition entered thereon, to the Stolen Property Inquiry Section, if property is returned to owner after original REPORT OF UNCLAIMED PROPERTY has been forwarded. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS If member of the service comes into possession of found property while on patrol, the member of the service shall notify the patrol supervisor and expeditiously invoice the property at the command. If member of the services comes into possession of found property on the New York City subway system, other than U.S. currency or contraband, steps "3" and "4" will not be performed. RELATED PROCEDURES Identification Standards for Desk Appearance Tickets (P.G. 208-28) FORMS AND REPORTS COLLISION INFORMATION EXCHANGE/ACKNOWLEDGMENT OF FOUND PROPERTY (PD301-092) ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY LOG (PD521-147) REPORT OF UNCLAIMED PROPERTY (PD542-122) P.G. 218-27 Found Property Retained By An Interstate Transportation Company, Airline, Bank Or Safe Deposit Company Date Effective: 08/01/13 PURPOSE To provide a Department record of disposition of such property. PROCEDURE When notified by an interstate transportation company, airline, bank or safe deposit company that they have found and will safeguard property at their facility: DESK OFFICER 1. Direct command clerk to prepare two copies of REPORT OF UNCLAIMED PROPERTY (PD542-122). a. Indicate where property is being held under "Remarks". COMMAND CLERK 2. Forward original to Stolen Property Inquiry Section. 3. File copy. 4. Forward file copy marked "Returned" to Stolen Property Inquiry Section when notice is received from company concerned that property has been returned to owner. COMMANDING OFFICER 5. Direct investigation be conducted if notice of return to owner is not received within sixty days and the property has not been delivered to command. REPORTS AND FORMS REPORT OF UNCLAIMED PROPERTY (PD542-122) P.G. 218-28 Safeguarding Property Of Deceased Person Date Effective: 08/01/13 PURPOSE To safeguard property of a deceased person who lived alone or with other than a relative or competent person, or who dies at other than his/her residence. DEFINITION CO-OCCUPANT - For the purpose of this procedure, a person who has been residing, on a permanent basis, in the same premises with the deceased. A uniformed member of the service can determine if a person is a co-occupant rather than a visitor or guest by: a. Examining documents, (e.g., licenses, credit cards, mail, etc.,) of the co- occupant that reflects that address is permanent residence. b. Questioning other residents or neighbors who can verify that co- occupant resides thereat. c. Examining closets, bureaus, etc., to ascertain if co-occupant has clothing and / or other possessions in the premises. d. Examining rent receipts or similar documentation that the co-occupant produces that may establish residence. e. Giving consideration to any other relevant factors that may establish that the co-occupant does, in fact, reside in premises. PROCEDURE When a person is pronounced dead and it is necessary to search the body and premises to establish positive identification and safeguard property of the deceased. UNIFORMED MEMBER OF THE SERVICE 1. Request patrol supervisor to respond and await arrival prior to conducting search of body and / or premises. PATROL SUPERVISOR 2. Direct member to search body for valuables and documents concerning identity. a. Search at scene when practical; otherwise without delay, and in all cases before being released by this Department. (1) A police officer (male or female) may search a dead human body. b. Have Harbor Unit member who removed a body from the navigable waters, search body and deliver property to a precinct member. 3. Obtain at least one responsible civilian to witness search, when possible. 4. Ensure that identity of witness is recorded in member's ACTIVITY LOG (PD112-145). 5. Supervise complete search of body. 6. Have all property (e.g., currency, jewelry, papers or documents, etc.) removed from body except clothing actually worn. 7. Have clothing or other property required as evidence processed on separate PROPERTY CLERK INVOICE (PD521-141). 8. Direct member conducting search at residence of deceased to examine and take custody of personal papers which may assist in positive identification. In addition, take custody of: a. Cash and jewelry b. Valuables which are readily removable c. Licenses, social security card and other documents of identification d. Wills, codicils, cemetery deeds, insurance policies, bank books, stock and bond certificates, other assets and safe deposit keys e. Other important property/documents. 9. Assign uniformed member to safeguard body and premises until body is removed by an authorized person and certify accuracy of reporting officer's ACTIVITY LOG entries by signing rank and name. 10. Enter pertinent facts in ACTIVITY LOG. UNIFORMED MEMBER CONCERNED 11. Enter details in ACTIVITY LOG, including complete list of property removed. 12. Deliver following items to desk officer: a. All property b. Key to premises (including key to police lock if one was used) c. PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) containing itemized list of property, including key to premises. (1) Note on WORKSHEET if key to premise was given to a member of the service to guard body, if applicable. DESK OFFICER 13. Check property against PROPERTY CLERK INVOICE WORKSHEET. 14. Ascertain that key to premises is itemized on the WORKSHEET. a. Indicate why, if not entered. b. Ensure key to premises given to member of the service is delivered to Property Clerk Division with other property of deceased, if applicable. 15. Make Command Log entry of circumstances concerning property. 16. Instruct command clerk to enter WORKSHEET into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE. 17. Give "Invoicing Officer" copy of INVOICE to member delivering property to stationhouse. 18. Forward property of deceased with "Property Clerk" copy of INVOICE to appropriate Property Clerk facility without delay. 19. Request Operations Unit to notify the Public Administrator concerned that: a. Deceased has no known next of kin, OR b. Next of kin cannot be notified. 20. Have SEAL FOR DOOR OF D.O.A. PREMISES (PD517-120) prepared. a. DO NOT seal door if it is determined that a co-occupant resided in the premises with the deceased. 21. Direct that SEAL FOR DOOR OF D.O.A. PREMISES be pasted across door and doorjamb of premises after body is removed, if appropriate. MEMBER SAFEGUARDING BODY/PREMISES 22. Remain with body until it is removed by morgue personnel or authorized undertaker. 23. Obtain receipt on IDENTIFICATION TAG (PD317-091). 24. Secure premises when leaving and paste SEAL FOR DOOR OF D.O.A. PREMISES across door and door jam, if appropriate. 25. Deliver key for premises and receipt for body to desk officer. DESK OFFICER 26. Permit person to enter premises to obtain clothing to bury the deceased, if the deceased lived alone and the door has been sealed. a. Direct a uniformed member to accompany and replace the SEAL FOR DOOR OF D.O.A. PREMISES with new seal. PROPERTY NOT YET FORWARDED TO THE PROPERTY CLERK DIVISION AND REPRESENTATIVE OF THE PUBLIC ADMINISTRATOR IS PRESENT. 27. Request representative of the Public Administrator to produce valid identification. a. Photocopy identification. 28. Check property / vehicle against PROPERTY CLERK INVOICE. 29. Request claimant examine security lead seal and / or Plastic Security Envelope and check against number entered on INVOICE (if seal or envelope is used), prior to breaking seal or opening envelope. 30. Complete the "Release / Disposition - Return to Owner" function utilizing the Property and Evidence Tracking System. a. Have claimant sign utilizing the digital signature capture device. 31. Approve delivery of property / vehicle utilizing username and password. 32. Issue property, print and give "Prisoner / Finder / Owner" copy of INVOICE to representative of the Public Administrator. 33. Forward "property Clerk" copy of INVOICE and photocopy of the Public Administrator identification to appropriate Property Clerk facility. 34. Refer person seeking release of decedent's property to Surrogate's Court of county where deceased lived and give such persons PROPERTY CLERK INVOICE number and location and telephone number of the borough office of the Property Clerk Division. a. Inform person that if the deceased was not a resident of New York State, the Surrogate's Court of the county in which the property is located has jurisdiction over the release of the descendant's property. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS When a aided person is pronounced dead at a hospital, the assigned member will witness the search of the deceased by hospital authorities, record property removed in ACTIVITY LOG and sign hospital property record as witness. FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) IDENTIFICATION TAG (PD317-091) SEAL FOR DOOR OF D.O.A. PREMISES (PD517-120) P.G. 218-29 Invoicing Property Removed From Parolee Date Effective: 08/01/13 PURPOSE To invoice and safeguard property removed from a parolee by an officer of the New York State Division of Parole in non-arrest situations. PROCEDURE When an officer of the New York State Division of Parole delivers property removed from a parolee in non-arrest situations: DESK OFFICER 1. Ascertain if property was obtained within the confines of the precinct. a. Direct parole officer to deliver the property to the precinct concerned, if property was obtained within another precinct. 2. Have the parole officer prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). 3. Direct the command clerk to enter parole officer's WORKSHEET into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). 4. Comply with P.G. 218-01, "Invoicing Property - General Procedure." 5. Print and give "Invoicing Officer" copy of PROPERTY CLERK INVOICE to the parole officer. RELATED PROCEDURE Invoicing Property - General Procedure (P.G. 218-01) FORMS AND REPORTS PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) P.G. 218-30 Invoicing Property Taken From A Person's Possession Date Effective: 08/01/13 PURPOSE To ensure that persons from whose possession property has been taken by the Department are afforded ample notice as to the necessary steps to reclaim property or to circumstances under which the property may not be returned. DEFINITION CONTRABAND - Means property, the mere possession of which is prohibited under federal, state or local law. Property shall not be deemed to be contraband merely because it may be suspected or is believed to be unlawfully obtained, stolen, or the proceeds or instrumentality of a crime. PROCEDURE When non-contraband property is removed from the person or possession of any individual, and taken into police custody for any reason: INVOICING MEMBER 1. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) for items removed. a. DO NOT enter complainant information on WORKSHEET. 2. Inform the person that he or she may examine the WORKSHEET for accuracy as to the property listed. 3. Complete WORKSHEET by entering the complainant information after person has examined WORKSHEET for accuracy. 4. Inform the person that he or she is entitled to a copy of PROPERTY CLERK INVOICE (PD521-141). a. Ask person if he or she will accept copy of INVOICE. b. Make appropriate selection for acceptance or refusal while entering WORKSHEET into the Property and Evidence Tracking System. 5. Inform the person that if additional property was taken or if the property was erroneously invoiced, this fact may be indicated in the "Remarks" section of the PROPERTY CLERK INVOICE. 6. Indicate in the "Remarks" section of the PROPERTY CLERK INVOICE concurrence or disagreement with the person's statement as it relates to the itemized list of property. 7. Give the "Prisoner / Finder / Owner" copy of the PROPERTY CLERK the person regardless of whether the property has been denominated Evidence" or otherwise, and regardless of whether it relates to an occurring prior to, simultaneous with, or subsequent to the taking property. INVOICE to "Arrest arrest of the 8. Provide the person with a copy of the Department form, entitled NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT (PD521-124), in addition to the "Prisoner / Finder / Owner" copy of the PROPERTY CLERK INVOICE. DESK OFFICER 9. Ensure that the invoicing officer has complied with the above provisions. 10. Make a Command Log entry specifying that the person received both the "Prisoner / Finder / Owner" copy of the PROPERTY CLERK INVOICE and the NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT. a. Indicate in Command Log if one or both documents were refused by the person, specifying the circumstances of the refusal. 11. Offer a copy of the NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT to any person requesting information about property in the possession (or possibly in the possession) of the Property Clerk. PROPERTY CLERK DIVISION MEMBER 12. Offer a copy of the NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT to any person appearing at a Property Clerk Division facility requesting information about property in the possession (or possibly in the possession) of the Property Clerk. ADDITIONAL DATA LEGAL CONSIDERATIONS These provisions are the result of a court order. Noncompliance of this procedure could place the Department in contempt of court. It is incumbent upon desk officers to ensure that persons from whom property is taken into custody receive their copies of the PROPERTY CLERK INVOICE as well as a copy of the NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT. FORMS AND REPORTS PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) NOTICE TO PERSONS FROM WHOM PROPERTY HAS BEEN REMOVED BY THE POLICE DEPARTMENT (PD521-124) P.G. 218-31 Processing Computer Evidence Date Effective: 08/01/13 PURPOSE To process and safeguard computer related evidence coming into the custody of this Department. DEFINITIONS CENTRAL PROCESSING UNIT (CPU) - A box shaped unit that houses the computer's internal hard drive, memory and central processor, commonly referred to as the "brains" of the computer. The CPU processes all of the work done by the computer, and usually is the terminus for all associated cables. The CPU generally has a numeric descriptor (i.e., 386, 486, Pentium, etc.), which represents the computing power of the unit. MONITOR - The television type instrument on which the operations and output of the computer are displayed. KEYBOARD - An input device resembling a typewriter. MOUSE - A pointing device, which is also used to control the actions of the computer. It is connected to the CPU by way of a cable, and because of its shape and "tail," is commonly referred to as a "mouse." PRINTER - Another output device that will print, similar to a typewriter, pages from the CPU. Many different types of printers exist, including dot matrix, ink-jet, and laser printers. PERIPHERALS - There are other types of devices, which can be connected to a computer, for example, scanners, tape drives, modems, speakers, sound cards, etc. In addition, there are other types of electronic equipment that can store valuable evidentiary information. These include personal digital assistants, pocket organizers, and lap top computers. SCOPE The Computer Crimes Squad will provide technical assistance in properly securing computer evidence, conducting computer forensic examinations and preparing warrants. The Computer Crimes Squad will make a determination as to whether a response to the scene is required, based on the totality of circumstances presented in each case. PROCEDURE Whenever a uniformed member of the service seizes, or expects to seize, evidence consisting of a computer used to commit a crime, or the computer is suspected of being a device that stores evidence. UNIFORMED MEMBER OF THE SERVICE 1. Notify the Computer Crimes Squad between 0600 and 2000 hours, Monday through Friday. a. At all other times, contact the Office of the Chief of Detectives. 2. Collect all relevant evidence. 3. Properly mark all computer evidence. a. Affix identifiable mark to hardware (i.e., monitor, CPUs, printers, etc.). b. Label items to indicate which peripherals were connected together (i.e., Monitor 1, CPU 1, Keyboard 1), and tag all wires indicating which peripheral they were attached to and their terminus. c. Count and package similar floppy disks (i.e., 3.5", 5.25", tapes, etc.) in paper envelopes and have them itemized on PROPERTY CLERK INVOICE (PD521-141). However, do not remove any floppy disks, compact disks, or any other such items from computer's disk drives. These items will be secured in the drives by affixing a strip of masking tape across the drive's opening. The invoicing officer will initial the masking tape. The "Remarks" section of the INVOICE will contain a statement concerning the presence or absence of a disk in any of the computer's drives. (1) Plastic Security Envelopes should NOT be used to package floppy disks because they can cause a discharge of static electricity, which can destroy data on the disk. In addition, DO NOT write on floppy disks using ball point pens because doing so can result in the destruction of data. Utilize labels or felt tip markers. 4. Invoice computers, floppy disks and related peripherals, which are to be delivered to the Computer Crimes Squad for examination, separately from other property being invoiced. a. Non-computer items are to be processed in conformance with existing Department guidelines. 5. Deliver "Property Clerk" copy of INVOICE with computer evidence to the Computer Crimes Squad. a. Distribute remaining copies of INVOICE as per instructions in the Property and Evidence Tracking System. 6. Attach copy of search warrant to INVOICES being delivered to the Computer Crimes Squad, if applicable. 7. Prepare REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) utilizing the Property and Evidence Tracking System. a. Complete all captions, and include under "Remarks:" (1) A clear description of incident (2) What crime is alleged (3) Where the evidence was seized from (4) What part the computer played in the offense charged (5) What type of information is being sought from the Computer Crimes Squad relative to the forensic examination of evidence. 8. Sign REQUEST FOR LABORATORY EXAMINATION REPORT by utilizing user name and password, and insert a "CITU" Forensic Laboratory Number utilizing the "Update" function in the Property and Evidence Tracking System. a. Type "Delivered to the Computer Crimes Squad" under caption "Laboratory Use Only". b. File one copy with completed forensic report and file one copy with property. 9. Utilize Property and Evidence Tracking System to create PROPERTY TRANSFER REPORT (PD521-1412). 10. Present PROPERTY TRANSFER REPORT when delivering computer evidence to the Computer Crimes Squad. MEMBER ASSIGNED / COMPUTER CRIMES SQUAD 11. Compare property delivered against PROPERTY TRANSFER REPORT and INVOICE and, if accurate confirm acceptance of property in the Property and Evidence Tracking System. 12. Forward copy of forensic report to submitting officer, upon completion of forensic examination. 13. Arrange for the delivery of property to the Property Clerk upon completion of the forensic examination, utilizing the PROPERTY TRANSFER REPORT. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Members of the service will not search any hard drives, floppy disks, CD-ROMS or other data storage devices. These items will be examined only by members assigned to the Computer Crimes Squad. Members of the service should be aware that searching directories, or perusing the computer's hard drive, may inadvertently alter or destroy important evidence. The computer, recovered at a crime scene, may be a valuable source of evidence. To protect the evidence, and to ensure that the information retrieved from the computer can be introduced in court, the following guidelines must be followed: * Safeguard the computer's evidence; do not touch the keyboard, or search the hard drive, or execute any of the programs at the scene. * If a modem or other telecommunications device is attached to the computer, unplug the telephone cord from the wall jack immediately to prevent access to the computer and possible destruction of evidence. * If you must power the system off, do not use the on / off switch. Unplug the computer from the wall outlet only. Prior to removing the plug from the outlet, photograph the monitor screen. * When transporting, be aware that data, stored on computers and floppy disks, is extremely sensitive and can be easily damaged. Package these items carefully to avoid inadvertent damage. * Do not write on floppy disks with ballpoint pens. Use labels or felt tip markers. * Do not place floppy disks in plastic security envelopes. This could cause a discharge of static electricity and damage the data on the disk. * Keep disks and peripherals away from extreme heat and / or changes in temperature. * Do not transport computer evidence in department vehicle trunks which are equipped with radio transceivers. * Do not expose computer evidence to any device that emits a magnetic field (i.e., portable radios, car radio, speakers, etc.). * Members of service with questions concerning the seizing, packaging or transporting of computer related evidence may contact the Computer Crimes Squad from 0600 to 2000 hours, Monday through Friday or the Office of the Chief of Detectives. FORMS AND REPORTS PROPERTY TRANSFER REPORT (PD521-1412) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) P.G. 218-32 Processing Alcohol Seized In ABC Law Violations Date Effective: 08/01/13 PURPOSE To process alcohol seized as evidence in Alcohol Beverage Control (ABC) Law violations. PROCEDURE When alcohol is seized as evidence in ABC Law violations: UNIFORMED MEMBER OF THE SERVICE 1. Take photograph of entire seizure at time and place of occurrence. 2. Deliver alcohol seized to precinct of occurrence. 3. Mark on the rear of photograph taken of seizure using a rubber stamp, if available: a. Date, place of seizure, and precinct of occurrence b. Defendant's name and arrest number c. PROPERTY CLERK INVOICE number and number(s) of any related PROPERTY CLERK INVOICES d. Identity and signature of member who took photograph. 4. Select a representative sample from the seizure, preferably a sealed bottle, for analysis. a. Only one sample is required regardless of the quantity of bottles, etc., seized. 5. Prepare PROPERTY CLERK INVOICE WORKSHEET and REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) for sample(s) to be analyzed. a. List photograph of seizure as an "Item" on WORKSHEET that lists representative sample(s). 6. Prepare a separate PROPERTY CLERK INVOICE WORKSHEET for the remainder of the seizure and make a notation on WORKSHEET to read "Delivered for Destruction." a. Cross-reference both WORKSHEETS prepared. DESK OFFICER 7. Review PROPERTY CLERK INVOICE WORKSHEET(S) prepared to ensure accuracy of seizure. a. Ensure photograph has been properly marked as per step "3." 8. Direct the entering of the PROPERTY CLERK INVOICE WORKSHEET and REQUEST FOR LABORATORY EXAMINATION REPORT (if prepared) into Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). 9. Attach two copies of PROPERTY CLERK INVOICE and two copies of REQUEST FOR LABORATORY EXAMINATION REPORT to evidence and place in command property locker. 10. Make arrangements for the delivery of evidence to the borough Property Clerk Office. WHEN NOTIFIED THAT CHEMICAL ANALYSIS IS REQUIRED FOR COURT: UNIFORMED MEMBER OF THE SERVICE 11. Notify the desk officer, command of occurrence, immediately and provide the following information: a. PROPERTY CLERK INVOICE number b. Date of seizure c. Date of next court appearance. DESK OFFICER 12. Immediately notify the Police Laboratory that a chemical analysis is required. a. Enter identity of person notified in the Telephone Record. COMMANDING OFFICER, POLICE LABORATORY 13. Direct messenger to pickup alcohol evidence at the borough Property Clerk Office concerned. 14. Have evidence analyzed and a POLICE LABORATORY ANALYSIS REPORT (PD521-151) prepared and delivered to court concerned. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS The Deputy Commissioner, Legal Matters has authorized members of the Property Clerk Division to destroy seized alcoholic beverages prior to final dispositions of related criminal actions. However, to satisfy legal requirements, uniformed members of the service must retain a representative sample of each seizure in addition to taking a photograph of all seized alcoholic beverages at time and place of occurrence. Alcohol seized as evidence WILL ONLY be forwarded to the Police Laboratory for chemical analysis when required for court presentation. The Police Laboratory requires a minimum of three days to analyze alcohol and prepare a report. This procedure does not apply to: a. Alcoholic beverages seized from peddlers within the purview of the Environmental Control Board - comply with provisions of P.G. 209-12, "Environmental Control Board Notice of Violation and Hearing - General Procedure". b. Sale of Alcoholic Beverages during Prohibited Hours - i.e., actual alcoholic drink served - comply with P.G. 209-16, "Service Of A Summons Special Procedures." Members are reminded that a PROPERTY CLERK INVOICE will not exceed twenty line items if the INVOICE is being sent or has the potential to be sent to the Police Laboratory for laboratory analysis. RELATED PROCEDURES Arrests of Child Unlawfully in Certain Licensed Premises (P.G. 215-11) Invoicing Property - General Procedures (P.G. 218-01) Police Action in Premises Licensed or Unlicensed Where Alcoholic Beverages Are Sold (A.G. 321-19) Environmental Control Board Notice of Violation and Hearing - General Procedure (P.G. 209-12) Service of a Summons - Special Procedures (P.G. 209-16) FORMS AND REPORTS POLICE LABORATORY ANALYSIS REPORT (PD521-151) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) P.G. 218-33 Processing Sexual Offense Evidence Collection Kits In Sex Offense Cases Date Effective: 08/01/13 PURPOSE To ensure that sexual offense evidence collection kits and other sexual offense evidence are properly forwarded to the Evidence Unit of the Office of the Chief Medical Examiner or the Property Clerk for processing. DEFINITIONS SEXUAL OFFENSE - for the purpose of this procedure, a sexual offense will be one of the following New York State Penal Law crimes: a. Rape b. Criminal Sexual Act c. Aggravated Sexual Abuse d. Sexual Abuse e. Sexual Misconduct. SEXUAL OFFENSE EVIDENCE COLLECTION KIT - a kit used by physicians in hospitals to gather evidence from a victim of a sex offense. The kit is used to standardize the collection and processing of evidence in sex crime cases. The kit contains slides, swabs, test tubes and envelopes to collect evidence. DRUG FACILITATED SEXUAL ASSAULT BLOOD AND URINE SPECIMEN COLLECTION KIT - a kit used to gather evidence from a victim of a sex offense when it is suspected that the victim was drugged. The kit is composed of two gray-topped blood tubes and a urine container for the collection of specimens. SEXUAL OFFENSE EVIDENCE - (not including the sexual offense evidence collection kit or drug facilitated sexual assault blood and urine specimen collection kit) is defined for this procedure as being bloodstains, serology, body fluids and / or other biological evidence (e.g., clothing, bedding, undergarments, etc.) to be analyzed for the purpose of obtaining a DNA profile. PROCEDURE Upon arrival at the scene of a reported sexual offense: UNIFORMED MEMBER OF THE SERVICE 1. Remove victim to the appropriate hospital as per existing Department procedures. 2. Take possession of the Sexual Offense Evidence Collection Kit and / or the Drug Facilitated Sexual Assault Blood and Urine Specimen Collection Kit, if used, and all other sexual offense evidence (e.g., clothing, undergarments, etc.) upon completion of medical examination by attending medical personnel. a. Take possession of any other evidence-gathering container used by hospital personnel, if a Sexual Offense Evidence Collection Kit is unavailable. Process the evidence-gathering container in accordance with this procedure. 3. Ensure that attending physician's and complainant's names are entered in the appropriate caption on the top of the Sexual Offense Evidence Collection Kit, and sign for evidence in the appropriate caption. a. When the Sexual Offense Evidence Collection Kit is sealed by hospital personnel, THE SEAL SHALL NOT BE BROKEN by a member of this Department EXCEPT authorized personnel. 4. Remove evidence to the precinct of occurrence and prepare COMPLAINT REPORT WORKSHEET (PD313-152A) and PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). DESK OFFICER 5. Direct the preparation of PROPERTY CLERK INVOICE(S) (PD521-141) utilizing the Property and Evidence Tracking System based on WORKSHEET(S) provided. a. An individual PROPERTY CLERK INVOICE will be prepared for the Sexual Offense Evidence Collection Kit. A separate PROPERTY CLERK INVOICE will be prepared for any other sexual offense evidence. 6. Direct the preparation of a REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) utilizing the Property and Evidence Tracking System. 7. Direct the preparation of a COMPLAINT REPORT (PD313-152). 8. Ensure that the INVOICE and COMPLAINT REPORT numbers, and arrest numbers, if any, are entered on the cover of the Sexual Offense Evidence Collection Kit. 9. Direct the delivery of the Sexual Offense Evidence Collection Kit(s), and a copy of the COMPLAINT REPORT, to the Police Laboratory. 10. Direct the delivery of other sexual offense evidence, EXCEPT FIREARMS, IMMEDIATELY to the Property Clerk, if a Sexual Offense Evidence Collection Kit or evidence gathering container was used at the hospital AND there is other sexual offense evidence. 11. Direct the delivery of other sexual offense evidence, EXCEPT FIREARMS, and a copy of the COMPLAINT REPORT, to the Police Laboratory, in all sexual offense cases, if no Sexual Offense Evidence Collection Kit or evidence gathering container was used at the hospital. 12. Comply with Interim Order 58, series 2013, "Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of Chief Medical Examiner" when Sexual Offense Evidence Collection Kit(s) or any other sexual offense evidence is associated with a "high priority" case. 13. Follow procedures outlined in P.G. 218-23, "Processing Firearms and Firearm-Related Evidence," if the other sexual offense evidence is a firearm. ASSIGNED INVESTIGATOR 14. Immediately notify the NYPD OCME Liaison Unit of all unfounded cases. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS There is no medical or legal reason for a uniformed member of the service, male or female, to be present in the examining room during the medical examination or evidence collection procedure. Maintenance of the chain of custody of the evidence during the examination is the sole responsibility of attending medical personnel. If the sexual offense occurred within the previous seventy-two hours, a Sexual Offense Evidence Collection Kit should be used. Not all hospitals may use Sexual Offense Evidence Collection Kits. In such cases, take possession of any other evidence gathering container used and process in accordance with this procedure. A Drug Facilitated Sexual Assault Blood and Urine Specimen Collection Kit will be utilized for the collection of blood and urine when it is suspected that the victim of a sexual assault was drugged. This kit is separate from the Sexual Offense Evidence Collection Kit. The kit is composed of two gray-topped blood tubes and a urine container for the collection of specimens, and must be vouchered, on a separate PROPERTY CLERK INVOICE, with a separate REQUEST FOR LABORATORY EXAMINATION REPORT (for toxicology). If a UMOS suspects a drug facilitated sexual assault based on victim or witness statements or other evidence, inform hospital personnel and request that a kit be used. Hospital personnel will collect the blood and urine for the kit when it is suspected that it is drug facilitated, within 96 hours of when the victim last remembers having a drink. The blood and urine collected in these kits will degenerate after 24 hours, so immediate delivery to the Police Laboratory and the Office of the Chief Medical Examiner, Evidence Unit is imperative. Members will ensure a copy of the COMPLAINT REPORT is sent to the Police Laboratory with a Sexual Offense Evidence Collection Kit or any other sexual offense evidence. The Police Laboratory will not accept a Sexual Offense Evidence Collection Kit or any other sexual offense evidence without a copy of the COMPLAINT REPORT. Members are reminded that a PROPERTY CLERK INVOICE will not exceed twenty line items if the INVOICE is being sent or has the potential to be sent to the Police Laboratory for laboratory analysis. RELATED PROCEDURES Processing Firearms and Firearm-Related Evidence (P.G. 218-23) Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of Chief Medical Examiner (Interim Order 58, series 2013) FORMS AND REPORTS COMPLAINT REPORT WORKSHEET (PD313-152A) COMPLAINT REPORT (PD313-152) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) P.G. 218-34 Property Of The Division Of The Lottery Date Effective: 08/01/13 PURPOSE To safeguard and return property belonging to the Division of the Lottery. DEFINITION PROPERTY OF THE DIVISION OF LOTTERY - includes tickets, deposit boxes, licenses and lottery proceeds. PROCEDURE Upon obtaining property belonging to the Division of the Lottery: UNIFORMED MEMBER OF THE SERVICE 1. Enter facts in ACTIVITY LOG (PD112-145). 2. Deliver property to desk officer. DESK OFFICER 3. Notify New York State Tax Office of Recovery. a. Notify New York State Tax Office at 0900 hours the next business day, if property is recovered during off- business hours. 4. Ensure property is invoiced for "Safekeeping" as per P.G. 218-01, "Invoicing Property - General Procedure." 5. Safeguard property in command until property is picked up by Division of the Lottery representative. a. DO NOT forward property to Property Clerk Division. 6. Verify identity of Division of the Lottery representative claiming property. 7. Make entry in PROPERTY LOG (PD521-147) to account for any PROPERTY CLERK INVOICE (PD521-141) prepared. 8. Complete the "Release / Disposition - Return to Owner" function utilizing the Property and Evidence Tracking System. a. Have a claimant sign utilizing the digital signature capture device. 9. Deliver property and "Prisoner / Finder / Owner" copy of INVOICE to representative. COMMAND CLERK 10. Forward "Property Clerk" copy of INVOICE and photocopy of Division of Lottery representative's identification to the appropriate Property Clerk facility. RELATED PROCEDURE Invoicing Property - General Procedure (P.G. 218-01) FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE (PD521-141) PROPERTY LOG (PD521-147) P.G. 218-35 Processing Currency Required As Evidence Date Effective: 08/01/13 PURPOSE To record, process and safeguard currency required as evidence. DEFINITION NUMISMATIC / SENTIMENTAL VALUE - includes all gold coins, all U.S. silver coins bearing date of 1964 or prior and extremely old bills. In addition, when determining numismatic / sentimental value, members should be guided by the circumstances under which the currency was found (e.g., location, type of packaging, special markings, encased in frames or books, etc.). If doubt exists, such currency will be deemed to have numismatic / sentimental value. Currency with numismatic / sentimental value will not be deposited in a bank. PROCEDURE When currency required as evidence is seized: UNIFORMED MEMBER OF THE SERVICE 1. Inform desk officer of details. 2. Count currency in presence of desk officer. DESK OFFICER 3. Ensure currency is marked with evidence stamp labeled, "Evidence - Notify N.Y.C. Police Department Property Clerk Division" except for the following: a. Currency with numismatic or sentimental value b. Currency that must remain unaltered (treated with dye, fluorescent powder, or marked) c. Foreign currency d. Blood stained currency. UNIFORMED MEMBER OF THE SERVICE 4. Perform the following under the supervision of the desk officer: a. Stamp and initial face of each bill as directed by desk officer b. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). (1) If currency is marked with evidence stamp, list each denomination as separate item and indicate quantity of each denomination (2) List each denomination of UNSTAMPED bills and respective serial number as separate item and indicate quantity of each item (3) Verify amount listed on PROPERTY CLERK INVOICE WORKSHEET, insert currency in serially numbered / barcoded Plastic Security Envelope and seal (4) Complete entries in PROPERTY LOG (PD521-147), using one space to account for all Plastic Security Envelopes or Jewelry Security Envelopes listed on the same PROPERTY CLERK INVOICE WORKSHEET, if possible. 5. Enter facts in ACTIVITY LOG (PD112-145). 6. Deliver currency and PROPERTY CLERK INVOICE WORKSHEET to desk officer. DESK OFFICER 7. Check accuracy of PROPERTY CLERK INVOICE WORKSHEET. 8. Ensure PROPERTY CLERK INVOICE WORKSHEET is entered in to the Property and Evidence Tracking System to generate PROPERTY CLERK INVOICE (PD521-141). 9. Digitally sign PROPERTY CLERK INVOICE verifying accuracy and completeness. 10. Have "Invoicing Officer" copy of PROPERTY CLERK INVOICE printed and deliver to invoicing officer as receipt. 11. Safeguard currency pending delivery to Property Clerk. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS If the currency being invoiced is not stamped by arresting / assigned officer, the name and rank of officer stamping bills will be entered under the "Remarks" section. Currency will be perforated ONLY by Property Clerk personnel at Property Clerk facilities. Stamped or perforated currency will NEVER be returned to a claimant or deposited in the Property Clerk's account in any bank under any circumstances. This currency will be forwarded to the Property Clerk, who will arrange for reimbursement of the claimant. In instances when currency is to be delivered to the Police Laboratory, the currency should be placed in a manila envelope and sealed in a normal manner. In addition, the invoicing officer will sign name, shield number, command and date across seal. Mutilated currency (marked with fluorescent powder, treated with dye, blood stained, etc.) will be placed in a plastic security envelope marked "MUTILATED CURRENCY - CONTAINS STAINED MATERIAL - USE CARE IN HANDLING." Such currency will be forwarded to the Property Clerk for redemption. a. Should there be a need for laboratory analysis, then the currency should be placed in a manila envelope, sealed in a normal manner and marked "MUTILATED CURRENCY - CONTAINS STAINED MATERIAL - USE CARE IN HANDLING." In addition, the invoicing officer will sign name, shield number, command and date across seal. RELATED PROCEDURES Invoicing Property - General Procedure (P.G. 218-01) Processing Non-Evidence Currency (P.G. 218-36) FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY LOG (PD521-147) P.G. 218-36 Processing Non-Evidence Currency Date Effective: 08/01/13 PURPOSE To process currency not required as evidence. DEFINITION NUMISMATIC / SENTIMENTAL VALUE-includes all gold coins, all U.S. silver coins bearing date of 1964 or prior and extremely old bills. In addition, when determining numismatic / sentimental value, members should be guided by the circumstances under which the currency was found (e.g., location, type of packaging, special markings, encased in frames or books, etc.). If doubt exists, such currency will be deemed to have numismatic / sentimental value. Currency with numismatic / sentimental value will not be deposited in a bank. PROCEDURE When non-evidence currency (e.g., property of DOA or found property), that does not have numismatic / sentimental value, comes into the possession of a uniformed member of the service: UNIFORMED MEMBER OF THE SERVICE 1. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A), as appropriate. 2. Make entry in ACTIVITY LOG (PD112-145). 3. Deliver PROPERTY CLERK INVOICE WORKSHEET and currency to desk officer. DESK OFFICER 4. Verify accuracy and completeness of PROPERTY CLERK INVOICE WORKSHEET. 5. Ensure PROPERTY CLERK INVOICE WORKSHEET is entered into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). a. Enter PROPERTY CLERK INVOICE number and plastic deposit bag serial number on all copies of deposit slip. b. Complete entries in PROPERTY LOG (PD521-147), using one space to account for all Plastic Security Envelopes or Jewelry Security Envelopes listed on the same INVOICE, if possible. 6. Prepare and sign deposit slip. 7. Direct invoicing officer to place currency into plastic deposit bag. a. Currency and last copy of deposit slip will be placed into larger pocket of deposit bag. b. Remaining parts of the deposit slip will be placed into smaller pocket of deposit bag. 8. Remove protective strip, exposing the adhesive, and seal the plastic deposit bag. 9. Remove detachable receipt on the flap of the deposit bag, listing the deposit bag's pre-printed serial number and attach it to the PROPERTY CLERK INVOICE. 10. Place copy of PROPERTY CLERK INVOICE in a separate folder to be maintained at desk, if no other property is involved. 11. Have PROPERTY TRANSFER REPORT (PD521-1412) prepared utilizing the Property and Evidence Tracking System. COMMAND MESSENGER 12. Prepare PROPERTY TRANSFER REPORT, utilizing the Property and Evidence Tracking System and digitally sign REPORT. DESK OFFICER 13. Digitally sign PROPERTY TRANSFER REPORT verifying accuracy and completeness. 14. Direct command messenger, accompanied by another uniformed member of the service or Evidence / Property Control Specialist, to deliver deposit bag to local Department authorized bank and utilize the night deposit vault, at all times. a. Direct both members to examine chute to ensure deposit bag(s) has dropped. b. Direct uniformed member(s) of the service to make appropriate ACTIVITY LOG entries. 15. Make entry in Command Log, including: a. PROPERTY CLERK INVOICE serial number b. Serial number(s) of plastic deposit bag(s) c. Total amount to be deposited d. Rank, names and shield numbers of those uniformed members of the service delivering currency to night depository, and name of Evidence / Property Control Specialist (if appropriate). 16. Ensure that a uniformed member of the service performing duty with the second platoon is assigned to retrieve deposit slip on the next business day. UNIFORMED MEMBER ASSIGNED 17. Retrieve deposit slip(s) and record receipt of deposit slip(s) and PROPERTY CLERK INVOICE number(s) in ACTIVITY LOG. 18. Present receipted deposit slip(s) to desk officer. DESK OFFICER 19. Attach two copies of receipted deposit slips to Property Clerk copy of PROPERTY CLERK INVOICE. 20. Enter in Command Log: a. Return of receipted deposit slips b. INVOICE serial number. 21. Retain "Property Clerk" copy of PROPERTY CLERK INVOICE, with deposit slips attached, for delivery to appropriate Property Clerk borough office. EVIDENCE / PROPERTY CONTROL SPECIALIST / DESIGNATED UNIFORMED MEMBER OF THE SERVICE 22. Conduct "Deposit Slip Confirmation" utilizing the Property and Evidence Tracking System verifying the amount listed on PROPERTY CLERK INVOICE matches the amount deposited by local Department authorized bank. a. If there is a discrepancy between the amount listed on the PROPERTY CLERK INVOICE and amount local Department authorized bank listed on deposit slip: (1) Ascertain reason for discrepancy as noted by bank and enter correct amount(s) in the corresponding section. (2) Notify desk officer regarding reason for discrepancy and list notification in the "Remarks" section. DESK OFFICER 23. Notify Internal Affairs Bureau Command Center, if deposit slip discrepancy is due to a possible act of misconduct. a. Make Command Log entry regarding notification (e.g., IAB log number, INVOICE number, etc.) PROCESSING NON-EVIDENCE CURRENCY WITH POSSIBLE NUMISMATIC / SENTIMENTAL VALUE UNIFORMED MEMBER OF THE SERVICE 24. Comply with P.G. 218-01, "Invoicing Property - General Procedure" when invoicing non-evidence currency with possible numismatic / sentimental value. 25. Indicate on PROPERTY CLERK INVOICE under "Remarks" possible numismatic / sentimental value. a. Itemize coins by quantity. b. DO NOT enter any monetary value in "Cash Value" column. 26. Place currency in serially numbered plastic security envelope and comply with pertinent provisions of P.G. 218-10, "Using Security Lead Seals or Plastic Security Envelopes". DESK OFFICER 27. Ensure currency with numismatic / sentimental value is delivered to the Property Clerk as per P.G. 218-03, "Delivery of Property Other Than Vehicle / Boat to Property Clerk." ADDITIONAL DATA OPERATIONAL CONSIDERATIONS In the event of seizures of large amounts of currency by any command citywide, which contains more than two thousand bills, a notification to the Property Clerk Division will be made for special counting and deposit procedures. All deposits into Department authorized banks are made on a "subject to count" basis. Should the authorized bank discover a discrepancy, the bank will notify the Commanding Officer, Property Clerk Division. Upon such notification, the Property Clerk Division Investigations Unit will notify the Internal Affairs Bureau. RELATED PROCEDURES Invoicing Property - General Procedure (P.G. 218-01) Processing Currency Required as Evidence (P.G. 218-35) Delivery of Property Other Thank Vehicle / Boat to Property Clerk (P.G. 218-03) Using Security Lead Seals or Plastic Security Envelopes (P.G. 218-10) FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY LOG (PD521-147) PROPERTY TRANSFER REPORT (PD521-1412) P.G. 218-37 Handling Of Red Dye Marked Currency And Intact "Exploding" Currency Packets Date Effective: 08/01/13 PURPOSE To safely handle red dye marked currency or intact "exploding" currency packets. PROCEDURE When currency marked with a red dye must be handled or an intact "exploding" currency packet is found: UPON LOCATING AN INTACT PACKET OF CURRENCY UNIFORMED MEMBER OF THE SERVICE 1. DO NOT handle the packet. 2. Evacuate the immediate area. 3. Request the patrol supervisor, Emergency Services Unit and Bomb Squad to respond. HANDLING OF RED DYE MARKED CURRENCY 4. Wear disposable gloves. 5. Work in a ventilated area. 6. Wash hands thoroughly after handling currency. 7. Indicate clearly on PROPERTY CLERK INVOICE (PD521-141) and Plastic Security Envelope that currency may be contaminated with CS Tear Gas. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Members of the service responding to a bank robbery, or discovering a packet of banded currency thereafter, should consult with bank employees to determine if an "exploding" money packet was passed. Do not open property envelopes containing contaminated currency unless absolutely necessary. Sealed plastic envelopes prevent dissipation of contaminated residue. Therefore, follow safety precautions if the envelope must be opened, even after long periods of time have elapsed. Exploding currency packets release tear gas, which may result in contamination of persons and clothing to varying degrees. Since tear gas adheres to clothing, persons exposed to the gas may contaminate others in their proximity. Therefore, all persons exposed to the gas should be isolated from public contact, if possible, and afforded necessary treatment, including medical evaluation, when indicated. FIRST AID PROCEDURES FOR EXPOSURE SKIN Remove the affected persons from the contaminated area to an open, upwind position. Remain calm and restrict activity. Major discomfort should disappear in fifteen to thirty minutes. If stinging or burning sensation on moist skin areas occurs, sit and remain quiet to reduce sweating. Expose affected areas to the air. In cases of gross contamination: a. Remove all contaminated clothing immediately b. Irrigate affected areas with copious amounts of water (at least two liters) c. Wash with soap and water to remove all residue d. Washable clothing may be laundered with soap and water e. Non-washable clothing may be air dried for a two-day period. EYES If there is burning sensation of the eyes, heavy flow of tears, or involuntary closing of eyes, keep eyes open, facing wind. DO NOT rub eyes. Tearing helps clear the eyes. If necessary, wash out eyes with cold water. Tears can be blotted away. INHALATION If a burning sensation or irritation of the nose occurs, breathe normally. Blow nose to remove discharge. Nasal decongestants should help if discomfort is severe. Breathing difficulties (burning sensations, chest tightness) are often accompanied by a feeling of panic. In this event, the affected person(s) should be made to relax and kept calm. Talk reassuringly to the person(s) to prevent panic. If discomfort persists or other symptoms occur, the affected person should be removed to the hospital for medical evaluation. RELATED PROCEDURES Aided Cases-General Procedure (P.G. 216-01) Processing Currency Required As Evidence (P.G. 218-35) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) P.G. 218-38 Processing Of Currency/Negotiable Instruments For Forfeiture Date Effective: 08/01/13 PURPOSE To expeditiously process seized U.S. currency and / or negotiable instruments valued at one thousand dollars or more which may be forfeitable. DEFINITIONS FORFEITABLE - For the purpose of this procedure, forfeitable property consists of those assets for which probable cause exists, including that: a. Such property was used to facilitate a crime, or b. Such property represents the proceeds or substituted proceeds of a crime. NEGOTIABLE INSTRUMENT - A cash equivalent such as money orders, traveler's checks, bank checks, etc. SUBSTITUTED PROCEEDS OF A CRIME - Items of property that have been received in exchange for the actual proceeds of a crime. For example, if currency obtained in exchange for illegal drugs is subsequently used to purchase an automobile, the currency is the proceeds of a crime, and the automobile is the substituted proceeds of a crime. PROCEDURE When a uniformed member of the service seizes U.S. currency and / or negotiable instruments valued at one thousand dollars or more that are deemed forfeitable: UNIFORMED MEMBER OF THE SERVICE 1. Notify the Asset Forfeiture Unit, twenty-four hours a day seven days a week, and request a Forfeiture Log Number(s) for U.S. currency and / or negotiable instruments valued at one thousand dollars or more that are deemed forfeitable. a. Comply with normal invoicing procedures if an Asset Forfeiture Unit investigator determines that seized property is not forfeitable. 2. Prepare a separate PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) for only U.S. currency and / or negotiable instruments earmarked for forfeiture. a. DO NOT include any other property on WORKSHEET. 3. Select "FORFEITURE" as property category. 4. Do not categorize this property as arrest evidence, unless it is an element of a criminal charge being lodged against a defendant. 5. Include the Forfeiture Log Number and an indication that this is property being "Held For Forfeiture," in the "Remarks" section of the PROPERTY CLERK INVOICE WORKSHEET. a. Include a statement in the "Remarks" section briefly explaining the circumstances under which currency and / or negotiable instruments were seized. The statement should clearly demonstrate how such property was used to facilitate a crime and the specific location where such property was seized. 6. Make entry in ACTIVITY LOG (PD112-145). 7. DO NOT "Evidence" stamp U.S. currency / negotiable instruments earmarked for forfeiture. 8. Deliver PROPERTY CLERK INVOICE WORKSHEET and currency / negotiable instrument to desk officer. DESK OFFICER 9. Verify accuracy and completeness of PROPERTY CLERK INVOICE WORKSHEET. 10. Have PROPERTY CLERK INVOICE WORKSHEET entered into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). 11. Ensure a digital photograph is taken of currency seized pursuant to a search warrant, if applicable, before it is bagged and deposited in the bank. a. Upload photograph to the PROPERTY CLERK INVOICE as a related document utilizing the Property and Evidence Tracking System. UNIFORMED MEMBER OF THE SERVICE 12. Digitally sign PROPERTY CLERK INVOICE verifying accuracy and completeness. DESK OFFICER 13. Digitally sign PROPERTY CLERK INVOICE verifying accuracy and completeness. 14. Prepare and sign deposit slip. 15. Direct invoicing officer to place currency / negotiable instruments into Plastic Security Envelopes. 16. Place copy of PROPERTY CLERK INVOICE in separate folder to be maintained at desk, if no other property is involved. 17. Have PROPERTY TRANSFER REPORT (PD521-1412) prepared utilizing the Property and Evidence Tracking System. COMMAND MESSENGER 18. Prepare PROPERTY TRANSFER REPORT utilizing the Property and Evidence Tracking System and digitally sign REPORT. DESK OFFICER 19. Digitally sign PROPERTY TRANSFER REPORT verifying accuracy and completeness. 20. Direct command messenger, accompanied by another uniformed member of the service, to deliver currency in deposit bag to local Department authorized bank and utilize the night deposit vault, at all times. a. Direct both uniformed members to examine chute to ensure deposit bag(s) has dropped. b. Direct both uniformed members of the service to make appropriate ACTIVITY LOG entries. 21. Direct command messenger to forward negotiable instruments to Borough Property Clerk's Office. 22. Make entry in Command Log, including: a. PROPERTY CLERK INVOICE serial number. b. Serial number(s) of Plastic Security Envelope(s). c. Total amount invoiced. d. Rank, names and shield numbers of both uniformed members of the service delivering currency to night depository. e. Forfeiture Log number. 23. Ensure that a uniformed member of the service performing duty with the second platoon is assigned to retrieve deposit slip on the next business day. UNIFORMED MEMBER OF THE SERVICE 24. Retrieve deposit slip(s) and record receipt of deposit and PROPERTY CLERK INVOICE number(s) in ACTIVITY LOG. 25. Present receipted deposit slip(s) to desk officer. DESK OFFICER 26. Attach two copies of receipted deposit slips to PROPERTY CLERK INVOICE. 27. Enter in Command Log: a. Return of receipted deposit slip. b. PROPERTY CLERK INVOICE serial number. 28. Retain PROPERTY CLERK INVOICE with deposit slips attached for delivery to Borough Property Clerk's Office. EVIDENCE / PROPERTY CONTROL SPECIALIST / DESIGNATED UNIFORMED MEMBER OF THE SERVICE 29. Conduct "Deposit Slip Confirmation" utilizing Property and Evidence Tracking System to verify the amount listed on PROPERTY CLERK INVOICE matches the amount deposited by local Department authorized bank. a. If there is a discrepancy between the amount listed on the PROPERTY CLERK INVOICE and amount local Department authorized bank listed on deposit slip: (1) Ascertain reason for discrepancy as noted by bank and enter correct amount(s) in the corresponding section. (2) Notify desk officer regarding reason for discrepancy and list notification in the "Remarks" section. DESK OFFICER 30. Notify Internal Affairs Bureau Command Center, if deposit slip discrepancy is due to a possible act of misconduct. a. Make Command Log entry regarding notification (e.g., IAB log number, INVOICE number, etc.). ASSET FORFEITURE UNIT 31. Determine whether seized assets are appropriate subject of forfeiture proceedings, and if so, assign log number, conduct follow-up investigation and initiate tracking procedures. 32. Confer with District Attorney's Office, Civil Enforcement Unit, and any other agencies involved. 33. In federal cases, request appropriate federal agency to adopt within thirty days, or request the District Attorney to forward a completed State Forfeiture Release Form to the Asset Forfeiture Unit for processing. 34. Authorize the release of currency/negotiable instruments from the Property Clerk in forfeiture cases. COMMANDING OFFICER, ASSET FORFEITURE UNIT 35. Direct and coordinate the post seizure investigative efforts of the Department. PROPERTY CLERK 36. Process PROPERTY CLERK INVOICE and currency / negotiable instruments. 37. Issue a check within three business days for seized currency being processed for Federal or State Forfeiture upon written request of the Asset Forfeiture Unit. 38. Process only those requests for the release of assets for federal, state and local forfeiture that have been approved by the Asset Forfeiture Unit. ASSET FORFEITURE UNIT 39. Prepare related paperwork and forward check to appropriate agency, in federal forfeiture cases. 40. Prepare an accounting of investigative expenses incurred and a request for the sharing in state forfeiture cases. a. Forward with a check to the appropriate District Attorney. 41. Assist and forward related paperwork to the Civil Enforcement Unit, in local forfeiture cases. 42. Negotiate an equitable sharing agreement with other participants, in federal cases. 43. Prepare and process Application for Transfer of Federally Forfeited Property [DAG71] in Federal forfeiture cases. 44. Monitor and track all federal and state forfeiture actions throughout the entire process. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Seizures of currency / negotiable instruments valued at less than one thousand dollars do not require a notification to the Asset Forfeiture Unit and no Forfeiture Log number will be issued. In these instances, the currency/negotiable instruments will be processed in accordance with this procedure. In the event of seizures of large amounts of currency which contain more than two thousand bills, the Property Clerk's Division should be contacted for special counting and deposit procedures. Search Warrant Cases In all instances, items seized pursuant to a New York State search warrant will be inventoried for return to the court issuing the warrant. All such property will be processed in accordance with this procedure. This property will not be released for forfeiture proceedings by the Property Clerk without the authorization of the Commanding Officer, Asset Forfeiture Unit and a release by the prosecutor, a turnover order issued by a judge or a seizure warrant from a federal court. Transfer Prohibited This procedure constitutes the Department's sole directive regarding the disposition of currency and / or negotiable instruments destined for forfeiture. In no instance will assets be transferred to a New York City Police Department unit or outside law enforcement agency for forfeiture processing without the written permission of the Commanding Officer, Asset Forfeiture Unit. Uniformed members of the service assigned to a formal Joint Federal Task Force will notify the Asset Forfeiture Unit of all currency/negotiable instrument seizures and process the seizure under the protocol established under their "Memorandum of Understanding." RELATED PROCEDURES Forfeiture Proceedings for Seized Property (P.G. 208-26) FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY CLERK INVOICE (PD 521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY TRANSFER REPORT (PD521-1412) Application for Transfer of Federally Forfeited Property [DAG71] P.G. 218-39 Seizure, Removal, And Disposition Of Property From General And Food Vendors Date Effective: 08-19-13 PURPOSE To remove property from unlicensed food / general vendor(s) or from a licensed general vendor(s) peddling in violation of law. DEFINITIONS GENERAL VENDOR - Person who peddles, sells, leases, or offers for sale or lease at retail, goods or services, other than food, in a public area. FOOD VENDOR - Person, who peddles, sells or offers food for sale at retail in any public place. PUSHCART - Any wheeled vehicle or device used by a vendor in a public place, which can be moved with or without a motor and does not require registration by Department of Motor Vehicles. STAND - A movable, portable, or collapsible structure, device or other contrivance other than a pushcart used to display or store any merchandise, food or article required while acting as a vendor. EXIGENT CIRCUMSTANCES - For the purpose of this procedure, any situation which may endanger public safety or obstruct the free flow of traffic, either pedestrian or vehicular, (e.g., fire, emergency, heavy traffic, street excavation, parade, etc.) (See "ADDITIONAL DATA" statement). SEIZURE OF PROPERTY - Under certain circumstances, the property of a street vendor may be confiscated and the City's Law Department may institute a forfeiture action against the vendor. In those circumstances, the property may not be returned to the vendor without the written authorization of the City's Law Department or Commanding Officer, Legal Bureau. Those circumstances are listed in the "ADDITIONAL DATA" statement. In the event a vendor's property is confiscated for seizure, members of the service are instructed to confiscate only that property which is displayed for sale, including, any cart, table or other device used to display the property. REMOVAL OF PROPERTY - Under certain circumstances, a street vendor's property may be confiscated and subject to a removal process. Those circumstances are listed in the "ADDITIONAL DATA" statement. Under a removal process, the property may be returned to the vendor at the command, even if the Environmental Control Board Notice of Violation has not been adjudicated at the time the vendor seeks return of his/her property. Under a removal process, food vendors are subject to a removal fee as per Patrol Guide 218-43, "Removal and Storage Fees for Licensed Food Vendors Equipment and Goods." General vendors, Disabled Veteran Vendors, and First Amendment or Expressive Matter Vendors are not to be charged a removal fee. PROPERTY CLERK DIVISION SEAL - non-releasable, barcoded, pre-numbered security seal used to provide increased security for street vendor's property, which is seized and placed in large plastic bags to be invoiced. PROCEDURE When a uniformed member of the service observes a general or food vendor who is unlicensed OR operating in violation of the General / Food Vendor law or regulations as described in "ADDITIONAL DATA" statement: UNIFORMED MEMBER OF THE SERVICE 1. Perform the following in the presence of the peddler: a. Serve Environmental Control Board Notice of Violation. b. Place all seized property into large plastic bag(s) and tightly twist top of bag(s) closed. c. Affix Property Clerk Division seal, with prongs facing inward, around top of bag by pushing tie through slot and pulling loose end taut. (1) Write pre-printed number of Property Clerk Division seal on summons under issuing officer's signature. 2. Deliver pushcart, stand, food / property, and necessary forms as appropriate, to command of occurrence. 3. Do not permit vendor to assist in removal of property to command or ride in department vehicle, except in arrest situation. 4. Return vendor's (food or general) license to licensee after issuing Notice of Violation. 5. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A). 6. Mark PROPERTY CLERK INVOICE WORKSHEET "Removed / Safeguard." 7. Enter under "Remarks" on PROPERTY CLERK INVOICE WORKSHEET, time of arrival at command with perishable items, type of food or goods and how packaged. 8. Make appropriate entries regarding Property Clerk Division seals utilized in CERTIFICATION OF PROPERTY CLERK DIVISION SEALS (PD521- 061). COMMANDING OFFICER 9. Designate sufficient number of supervising members to frequently inspect perishable foods or goods so that such items may, when necessary, be condemned and disposed of. 10. Ensure perishable foods or goods are not to be forwarded to the Property Clerk Division. DESK OFFICER 11. Examine sealed bag to ensure that: a. It is properly sealed b. Pre-printed bar-coded Property Clerk Division seal number is accurately recorded on both PROPERTY CLERK INVOICE WORKSHEET and Environmental Control Board Notice of Violation. 12. Make entry in PROPERTY LOG (PD521-147) to account for number of pre-printed plastic seal(s) used. a. Use one space on PROPERTY LOG to account for all seals listed on the same PROPERTY CLERK INVOICE WORKSHEET, if possible. 13. Ensure PROPERTY CLERK INVOICE WORKSHEET is entered into Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). a. If two separate PROPERTY CLERK INVOICES are prepared, a cross- reference will be made utilizing the related invoice function in the Property and Evidence Tracking System. 14. Store plastic bag(s) with PROPERTY CLERK INVOICE(S) in property room, pending removal to the Property Clerk. 15. Notify Property Clerk Division if large amount of property is removed from vendor. 16. Notify Department of Sanitation when expeditious disposal of spoiled food or goods is required. 17. Have three copies of a report prepared on OFFICIAL LETTERHEAD (PD158-151) addressed to the vendor, within twenty-four hours after perishable food or goods has been disposed of, indicating: a. An itemized description of property AND b. Reason for destruction or disposition AND c. Date of destruction / disposition. 18. Send copy of report to vendor through United States Mail. 19. Enter in the remarks section of the PROPERTY CLERK INVOICE any condemned food or goods, and date and time report was mailed to vendor. 20. Attach copy of report to command file copy of PROPERTY CLERK INVOICE. 21. Prepare a separate report on OFFICIAL LETTERHEAD and comply with steps "17" through "20", if different types of food or goods are disposed of at different times, even if delivered to the command as part of the same seizure. WHEN EXIGENT CIRCUMSTANCES EXIST: UNIFORMED MEMBER OF THE SERVICE 22. Notify vendor to stop all selling at the location and, within one minute, begin to move from the area. 23. Inform vendor not to return to location for at least two hours unless conditions dictate otherwise. (VENDOR MUST BE NOTIFIED OF TIME PERIOD). 24. Make ACTIVITY LOG (PD112-145) entry describing the exigency that prompted the order for the vendor to move and include: a. Name and license number of the vendor b. Description of the order conveyed c. Time period vendor was directed to stay away from the area. ADDITIONAL DATA VENDOR PROPERTY SUBJECT TO SEIZURE The property of a General Vendor is subject to seizure for the following violations of law: New York City Administrative Code Section: 20-453 - Unlicensed General Vending 20-465 (g)(2) - Licensed General Vendor operating in the World Trade Zone* 20-465.1 - Licensed General Vendor operating on a RESTRICTED STREET at a time, and on a day, the restriction is in effect. The property of a Food Vendor is subject to seizure for the following violations of law: New York City Administrative Code Section: 17-307 (a)(1) - Unlicensed Food Vendor 17-307 (b)(1) - Food Cart, Stand or Vehicle without permit (A food vendor must possess an operator's license AND the cart must possess a permit. Both items are issued by the New York City Department of Health.) 17-315 (i) - Vending on Parks Property w/o Parks Permit. (Parks Property is limited to the interior of the Park and the sidewalk immediately adjacent to the park.) 17-315 (k) - World Trade Center Zone* *World Trade Center Zone - The area including and bounded on the east by the easterly side of Broadway, on the south by the southerly side of Liberty Street, on the west by the westerly side of West Street and on the North by the northerly side of Vesey Street. VENDOR PROPERTY SUBJECT TO REMOVAL The property of a General Vendor is subject to removal for the following violations of law: New York City Administrative Code Section: 20-465 (b) - Licensed General Vendor occupying more than eight linear feet of public space parallel to the curb in the operation of a vending business and, in addition, no more than three linear feet when measured from the curb to the property line. 20-465 (e) - Licensed General Vendor operating WITHIN any bus stop, or taxi stand, OR less than ten feet of any driveway, any subway entrance or exit, or any corner. Ten feet from any corner shall be measured from a point where the property line on the nearest intersecting block face, when extended, meets the curb. 20-465 (i) - Licensed General Vendor operating on the median strip or a divided roadway unless such strip is intended for use as a pedestrian mall or plaza. 20-465 (k) - Licensed General Vendor - Fail to move Exigent Circumstances (See "ADDITIONAL DATA" statement below for exigent circumstances.) 20-465 (m) - [as it relates to ventilation grills only] - Licensed General Vendor vending over or otherwise obstructing a ventilation grill. The property of a Food Vendor is subject to removal for the following violations of law: New York City Administrative Code Section: 17-315 (j) - Fail to move Exigent Circumstances (See "ADDITIONAL DATA" statement below for exigent circumstances.) 17-315 (k) - Food Vendor operating on a RESTRICTED STREET at a time, and on a day, the restriction is in effect. (Streets listed in Title 6, Chapter 2, Section 2-314 of the City Rules.) 17-315 (l) - Food Vendor operating on a RESTRICTED STREET at a time, and on a day, the restriction is in effect. (Streets listed in NYC Administrative Code 17-315 [l]) RESTRICTED STREETS - THIRTY FOOT RULE Title 6, Chapter 6, Section 2-310 of the Rules of the City of New York (RCNY) prohibits General Vendors, Food Vendors and Food Truck Vendors from operating on an intersecting street with thirty feet of a cross-street during the dates and at the times a "Restriction on the Cross-Street" is in effect. This prohibition applies to thirty feet of street and sidewalk in each direction along the cross-street, measured from the building lines closest to each designated street at each cross-street corner. The thirty foot rule DOES NOT apply to Disabled Veteran Vendors (BLUE and YELLOW) and to First Amendment or Expressive Matter Vendors. Violators may be issued an Environmental Control Board Notice of Violation under Section 2-310 of the RCNY. Members of the service are instructed to check off "Box 10 (Other)" on the ECB/NOV under caption "NYC Administrative Code / Rules of the City of New York," located in the middle of the ECB/NOV. Members are further instructed to insert the phrase "RCNY" immediately beneath the above described "Box 10." The property, including the cart or vehicle, of a licensed Food Vendor or Food Truck operator, may be seized for removal for violation of 2-310 (RCNY). The property of a General Vendor, including the cart, table or vehicle may be seized for forfeiture for violation of 2-310 (RCNY). In any circumstance wherein the property of a Food Vendor is seized or removed, members of the service are instructed to invoice the perishable items and the cart, stand or vehicle in accordance with this procedure. Paper goods, utensils, soda containers, and other factory -sealed items are to be invoiced separately and the PROPERTY CLERK INVOICES cross-referenced. On occasion, members of the service will encounter non-perishable items that are no longer merchantable (e.g., soiled paper goods or rusted, leaking or otherwise damaged soda containers or similar items that may become a vermin attraction or otherwise create an unsanitary condition). Such items should not be stored in a Department facility. In these circumstances, members of the service are instructed to photograph such items and invoice the photographs on a separate PROPERTY CLERK INVOICE with cross-references to other INVOICES prepared in the incident. Such items may then be disposed of in a manner similar to perishable food. Under no circumstances will such photographs be given to the vendor or any other person. ADDITIONAL TYPES OF VENDORS First Amendment or Expressive Matter Vendors: First Amendment or Expressive Matter Vendors are not required to possess a General Vendor's license issued by the New York City's Department of Consumer Affairs. The property of a First Amendment or Expressive Matter Vendor will not be seized for forfeiture under any circumstances. The property of a First Amendment or Expressive Matter Vendor may be subject to a removal procedure for the following violations: New York City Administrative Code Section: 20-465 (b) - Licensed General Vendor occupying more than eight linear feet of public space parallel to the curb in the operation of a vending business and, in addition, no more than three linear feet when measured from the curb to the property line. 20-465 (e) - Licensed General Vendor operating WITHIN any bus stop, or taxi stand, OR less than ten feet of any driveway, any subway entrance or exit, or any corner. Ten feet from any corner shall be measured from a point where the property line on the nearest intersecting block face, when extended, meets the curb. 20-465 (i) - Licensed General Vendor operating on the median strip or a divided roadway unless such strip is intended for use as a pedestrian mall or plaza. 20-465 (m) - [as it relates to ventilation grills only] - Licensed General Vendor vending over or otherwise obstructing a ventilation grill. 20-465 (g)(2) - Licensed General Vendor operating in the World Trade Zone* 20-465 (k) - Licensed General Vendor - Fail to move Exigent Circumstances (See "ADDITIONAL DATA" statement below for exigent circumstances.) 20-465.1 - First Amendment or Expressive Matter Vendor operating on a RESTRICTED STREET. The First Amendment or Expressive Matter Vendor may not operate on a RESTRICTED STREET on the days, or at the time, the Restriction is in effect. However, the Restriction must be a blanket Restriction. The Restriction must apply to both Food and General Vendors. If any type of vendor is permitted on a street at a particular time, then the First Amendment or Expressive Matter Vendor must also be permitted to operate. However, regardless of any Restriction that may be in effect, a First Amendment or Expressive Matter Vendor may only operate to the extent they may display their wares without the use of a table, cart or other device. For example, the First Amendment or Expressive Matter Vendor may display their wares by carrying them in their hands. When the property of a First Amendment or Expressive Matter Vendor is confiscated under a removal procedure, it must be invoiced for Safekeeping and returned to the vendor upon demand. Such property shall be returned whether or not the underlying summons or ECB/NOV has been adjudicated. Under no circumstances shall the property of a First Amendment or Expressive Matter Vendor be disposed or otherwise discarded. Also, a First Amendment or Expressive Matter Vendor may not be charged a fee for the removal. Disabled Veteran Vendors: Disabled Veterans are permitted to operate on City streets under a provision of New York State Law. These street vendors usually operate as General Vendors, however, on occasion, members of the service may find them operating as licensed Food Vendors. These Food or General Vendors may hold a Yellow or Blue license. The holders of these licenses are subject to the provisions of New York State General Business Law Section 35-a. Enforcement action against these vendors may not be taken under the usual street vendor provisions of the New York City Administrative Code. The holders of the Blue license, or as it is also known, a Midtown Specialized license, may operate on most streets in the City except for those streets listed in the State General Business Law Section 35-a. Additionally, holders of the Blue license may operate within the Midtown Core Area**. The holders of the Yellow and Blue licenses may operate on any street in the City outside of the Midtown Core Area. However, the holders of the Yellow license may not operate within the Midtown Core Area. **Midtown Core Area - The area of Manhattan bounded by 2nd Avenue to 9th Avenue and 30th Street to 65th Street. It is important to note that, other than the streets listed in the General Business Law Section 35-a, the World Trade Center Area, and the two specific locations in lower Manhattan within the confines of the 1st Precinct, there are NO other streets in the City that are restricted to holders of Blue or Yellow licenses. Members of the service are encouraged to call the Legal Bureau for guidance when contemplating enforcement action regarding the holders of a Blue or Yellow Disabled Veteran License. Green Cart Vendors: Fruit and vegetable vendors are subject to the same rules as other food vendors, including street restrictions and the provisions regarding confiscation for Seizure and Removal. However, there is a special category of fruit and vegetable vendors known as Green Cart Vendors. This group of vendors was created to make fresh fruits and vegetables more available to disadvantaged communities. They are subject to the same provisions of law, including street restrictions, as food vendors and other fruit and vegetable vendors. Green Cart Vendors, however, are subject to an additional restriction. They are not permitted to operate outside of the boundaries of the NYPD precinct stated on the decal affixed to their cart. Members of the service are encouraged to call the Legal Bureau for guidance should such a vendor be observed operating outside of the precinct designated by his cart decal. Food Trucks: Food Trucks are motor vehicles bearing a permit issued by the City's Department of Health to dispense food on City streets. The operators of these enterprises must possess a food vendor's license. Food Trucks are subject to the same provisions for confiscation for Seizure and Removal procedures discussed above, including the Restricted Street provisions of Administrative Code Sections 17-315(k) and 17-315(l). Food Trucks are subject to the same provisions of the New York State Vehicle and Traffic Law and the City Traffic Rules, as other motor vehicles. However, there are additional parking restrictions on Food Trucks as follows: Food Trucks are not permitted to park at parking meters (mechanical or MUNI) for any period of time whatsoever. Violators may be issued an "A" summons under the City Traffic Rules Section 4-08 (h)(8). Food Trucks are not permitted to park at trucks loading and unloading zones. Violators may be issued an "A" summons under the City Traffic Rules Section 4-08(k)(2). Members of the service are reminded that any vehicle parked illegally on a City street, whether occupied or not, may be removed by Department Tow or by the City's Department of Transportation Tow. WHEN EXIGENT CIRCUMSTANCES EXIST REQUIRING A VENDOR TO MOVE FROM A LOCATION When "exigent circumstances" exist which cause a uniformed member of the service to direct a vendor (food or general) to temporarily move from the ENTIRE AREA, the following guidelines for relocation will be followed: TYPE MAXIMUM HEIGHT (a) Unusually heavy pedestrian or vehicular traffic The SHORTEST distance in DIRECTION OF EITHER: three city blocks, or 750 feet, on direct line of sight. (b) Obstruction in the public space The SHORTEST distance necessary to alleviate obstruction but NOT to exceed the above. (c) Accident, fire, other safety. emergency congestion, Beyond police and fire lines to an area of If vendor's presence causes further follow (a) or (b) above. (d) Other unusual event As circumstances require after conferral with a supervising officer. (e) Parade Along entire parade route including 1/2 block on either side, formation and regrouping areas, or as directed by a supervising officer. The vendor must move a sufficient distance from the critical location to alleviate the existing condition. A licensed vendor (food or general) who refuses to move as directed, or who does not move to a location outside the critical area, or who returns within the prohibited time, as directed, will be issued an Environmental Control Board Notice of Violation and Hearing. OPERATIONAL ISSUES A properly identified vendor (identification may be by license alone) will not be arrested SOLELY for violation of a General Vendor's LAWS OR REGULATIONS. A General Vendor's license issued by a New York State County Clerk, including, County Clerks from the five boroughs, are not valid in New York City. Persons found engaged in street vending bearing such licenses are to be treated as unlicensed General Vendors. Similarly, persons found engaged in Street Vending bearing a Temporary General Vendor's license for Street Vending Fairs at a place and time when no licensed Street Fair is in session are to be treated as unlicensed General Vendors. Perishable foods stored in existing police facilities are deemed to be contaminated and unfit for human consumption and subject to condemnation when storage times exceed the following guidelines: GROUP I - 2 HOURS POTENTIALLY HAZARDOUS FOODS: a. Vulnerable foods: Protein salads, fruits and vegetables, which have been sliced or chopped b. Baked goods filled with custard or toppings or fillings made with mold products, eggs or other ingredients capable of supporting rapid and progressive growth of microorganisms c. Fresh and ready to eat meat, fish, poultry and products containing gravies or sauces made from meat, fish or poultry EXAMPLES: Frankfurters; knishes; felafel; all frozen desserts such as ices, ice cream, yogurt; shish kebab; prepared, smoked and cooked meats; fried and other fish products, milk and milk products, cooked onions, relish, etc. GROUP II - 24 HOURS UNWRAPPED AND UNPROTECTED FOODS AND FOODS SUBJECT TO BECOMING STALE, MOLDY AND OTHERWISE UNFIT: a. Food shall be deemed unwholesome and subject to contamination when they have been or are being stored or handled under inadequate conditions, and where the food is not or cannot be protected from dirt, dust, vermin or other potential forms of contamination and where such storage of foods can attract vermin or otherwise lead to unsanitary conditions that may adversely affect the health and safety of persons charged with custody of such foods b. Foods in Group II may be considered unwholesome when stored in unprotected surroundings and subject to contamination for a period of twenty-four or more hours. EXAMPLES (but not limited to): Pretzels, cookies; nuts; rolls and other baked goods; dried fruits; loose candies; condiments; thin skinned fruits, or fruits eaten with peel or skin; soda, or other liquid refreshment and food, other than in factory sealed containers. GROUP III - 72 HOURS a. All other foods, except those in factory hermetically sealed containers and treated or processed to prevent spoilage or deterioration, shall be deemed unwholesome and subject to contamination when stored seventy-two hours or more under inadequate conditions. EXAMPLES: Boxed cookies; nuts; dried fruits, Fruits and vegetables, which can normally be stored without refrigeration for some time such as grapefruits, oranges, acorn squash, etc. In all cases when property of a LICENSED VENDOR is taken into police custody, a report will be prepared and forwarded to the patrol borough office (and filed) containing the following information: a. Name, address and date of birth of vendor b. General vendor license number c. Summonsing officer, shield and command d. Summons number(s) e. Date and time of removal f. Date and time PROPERTY CLERK INVOICE is completed and property is available for redemption g. PROPERTY CLERK INVOICE number h. Type and quantity of property i. Amount of removal fee due j. Date and time of disposition of property (returned to vendor or forwarded to Property Clerk) k. Total amount of removal and storage charges waived l. Rank, name and command of processing officer. RE-BAGGING STREET VENDOR'S PROPERTY IF BAG BREAKS In the event that a plastic bag containing street vendor's property breaks, a uniformed supervisor will be responsible to re-bag the property utilizing the "repack" function in Property Clerk* Evidence Tracking System. Each command involved in peddler enforcement will be required to maintain a separate CERTIFICATION OF PROPERTY CLERK DIVISION SEALS for command use. The assigned supervisor will not remove property from the damaged bag, nor will the Property Clerk Division seal be removed. Rather, the entire bag, with the Property Clerk Division seal intact, will be placed in the new bag and a new Property Clerk Division seal attached. An entry will be made in the Command Log, including seal numbers and invoice numbers involved. Additionally, a cross-reference will be made in the original Log entry of the invoice concerned. (*As so in original should probably be Property and Evidence Tracking System) DEPARTMENT POLICY All peddler enforcement personnel will perform duty in uniform, with the exception of "designated spotters", who will be permitted to perform duty in civilian clothes. Dedicated peddler enforcement supervisors will be present at all property seizures, when practical. All peddler enforcement vehicles will be marked. Supervisory span of control for peddler enforcement shall not exceed one supervisor for five police officers. RELATED PROCEDURES Invoicing Property - General Procedures (P.G. 218-01) Removal and Storage Fees for Licensed Food Vendors Equipment and Goods (P.G. 218-43) Unlicensed Peddler Forfeiture Program (P.G. 218-41) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY LOG (PD521-147) CERTIFICATION OF PROPERTY CLERK DIVISION SEALS (PD521-061) ACTIVITY LOG (PD112-145) P.G. 218-40 General Vendor Distributor Forfeiture Procedure Date Effective: 08/01/13 PURPOSE To confiscate vehicles of unlicensed vendor distributors and institute forfeiture proceedings. DEFINITIONS DISTRIBUTOR - any person or organization engaged in the sale, consignment, or distribution of goods for sale or resale by a general vendor. This shall not include an owner of goods who personally operates a motor vehicle to transport such goods exclusively to and from a location from which the owner will personally sell such goods in compliance with all applicable laws. PUBLIC SPACE - all publicly-owned property between the property lines on a street as such property lines are shown on the City map including but not limited to a park, plaza, roadway, shoulder, tree space, sidewalk or parking space between such property lines. It shall also include, but not be limited to, publicly owned or leased land, buildings, piers, wharfs, stadiums, and terminals. PROCEDURE Upon observing an unlicensed general vendor distributor in a public place: UNIFORMED MEMBER OF THE SERVICE 1. Serve Environmental Control Board Notice of Violation and Hearing for New York City Administrative Code 20-474.1 (Unlicensed General Vendor Distributor), if violator eligible. 2. Confiscate vehicle and contents for forfeiture proceedings. 3. Remove vehicle to precinct of occurrence and comply with P.G. 218-12, "Safeguarding Vehicles in Police Custody." a. Any goods contained within the vehicle shall be processed according to P.G. 218-39, "Seizure, Removal and Disposition of Property from General and Food Vendors." 4. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) and select "FORFEITURE" as Property Category. 5. Submit completed PROPERTY CLERK INVOICE WORKSHEET to desk officer for review. DESK OFFICER 6. Have vehicle removed to Property Clerk storage facility (see P.G. 218-20, "Delivery of Vehicle to Property Clerk"). 7. Ensure accuracy of PROPERTY CLERK INVOICE WORKSHEET. 8. Ensure PROPERTY CLERK INVOICE WORKSHEET is entered into Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). 9. Prepare PEDDLER FORFEITURE QUESTIONNAIRE (PD260-155) upon arrival at stationhouse of individual seeking to reclaim seized property. a. Ensure the names and addresses of all persons involved (e.g., driver, owner of vehicle and / or representative, etc.) AND PROPERTY CLERK INVOICE serial number(s) are entered on PEDDLER FORFEITURE QUESTIONNAIRE. 10. Have claimant sign perforated, tear-off portion of PEDDLER FORFEITURE QUESTIONNAIRE entitled "Peddler Property -Acknowledgement of Demand." 11. Send by FAX or forward by messenger copies of all relevant documents, including: a. Completed PEDDLER FORFEITURE QUESTIONNAIRE with signed "Peddler Property-Acknowledgement of Demand" b. PROPERTY CLERK INVOICE c. Environmental Control Board Notice of Violation or summons d. ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244- 159), if applicable e. Any other documents prepared within one day of the demand for the return of property to: Assistant Chief, Administrative Law Division New York City Law Department 100 Church Street, Room 5J17 New York, New York 10007 12. Provide claimant appearing at command with: a. Peddler Property - Acknowledgement of Demand (perforated, tear-off portion of original PEDDLER FORFEITURE QUESTIONNAIRE) b. "Prisoner / Finder / Owner" copy of PROPERTY CLERK INVOICE. 13. Forward to patrol borough coordinator: a. ORIGINAL and one copy of PEDDLER FORFEITURE QUESTIONNAIRE b. Two copies of PROPERTY CLERK INVOICE, Environmental Control Board Notice of Violation and Hearing or summons and ON LINE BOOKING SYSTEM ARREST WORKSHEET, if applicable. PATROL BOROUGH COORDINATOR 14. Retain copies of all forms prepared on ORIGINAL and SUBSEQUENT SERVICE, if appropriate, for precinct file. 15. Maintain record of forms received from precinct under the following captions: DATE SERIAL NO. CLAIMANT'S NAME OWNER/ REPRESEN- VOUCHER NO SUMMONS NO VENDOR'S NAME TATIVE 16. Assign borough serial number to each PEDDLER FORFEITURE QUESTIONNAIRE received. 17. Check all forms for completeness and accuracy. a. Return any form containing errors and / or omissions to command of origin for correction. 18. Act as a liaison with Corporation Counsel in all matters pertaining to the forfeiture program. ADDITIONAL DATA OPERATIONAL ISSUES Any vehicle used by a distributor to transport goods to a general vendor must be visually identified by a sign conspicuously displayed on the side of the vehicle. The following information must be clearly and legibly displayed on such sign: a. The licensee's name and address b. Business telephone numbers c. The words "General Vending Distributor" d. Department of Consumer Affairs telephone complaint number. Persons operating a licensed General Vendor Distributor Vehicle which is either missing such a sign or if the sign is missing any of the information required as listed in "a thru d" above may be issued an Environmental Control Board Notice of Violation under New York City Administrative Code Section 20-474.2(a). The letters and numerals of such display shall not be less than one and one-half inches in height, with a width of at least one-quarter of an inch, and shall be colored black and white, whichever is most prominent against the background color. An Environmental Control Board Notice of Violation under New York City Code Section 20-474.2(b) may be issued if the licensed General Vendor Distributor does not have a vehicle sign that has the proper dimensions required by law. Signs used to identify delivery vehicles may be removable, but must be securely fastened whenever the vehicle is used to deliver or remove goods to or from a general vendor. The sign must remain securely attached throughout the time it takes to load or unload goods. An Environmental Control Board Notice of Violation under New York City Code Section 20-474.2(c) may be issued to the licensed General Vendor Distributor for failure to have a sign securely fastened to their vehicle during loading and unloading of goods. It is now the responsibility of the Corporation Counsel to serve the claimant with the summons and complaint. However, it is imperative that a copy of the completed PEDDLER FORFEITURE QUESTIONNAIRE, as well as any other documents prepared in conjunction with this procedure, be forwarded to the Corporation Counsel within one day of the claimant's appearance at stationhouse to reclaim seized property. Any subsequent demand by an unlicensed distributor for the return of seized property will be processed according to Patrol Guide 218-41, "Unlicensed Peddler Forfeiture Program." RELATED PROCEDURES Safeguarding of Vehicles in Police Custody (P.G. 218-12) Delivery of Vehicles to Property Clerk (P.G. 218-20) Seizure, Removal and Disposition of Property from General and Food Vendors (P.G. 218-39) Removal and Storage Fees for Vendors Equipment and Goods (P.G. 218-43) Unlicensed Peddler Forfeiture Program (P.G. 218-41) FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PEDDLER FORFEITURE QUESTIONNAIRE (PD260-155) PROPERTY CLERK INVOICE (PD521-141) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) P.G. 218-41 Unlicensed Peddler Forfeiture Program Date Effective: 08/01/13 PURPOSE To institute forfeiture proceedings against property seized from unlicensed street vendors. SCOPE ONLY the property of an unlicensed food or general vendor or the property of a licensed general vendor, who violates the restricted streets provision of Administrative Code Section 20-465, subdivision "l," is subject to forfeiture. Members are to confiscate only the property that the vendor had on display, as well, as any cart, table or vehicle used to display the property. PROCEDURE Upon observing an unlicensed street vendor operating in a public place: UNIFORMED MEMBER OF THE SERVICE 1. Comply with P.G. 218-39, "Seizure, Removal and Disposition of Property of General And Food Vendors". 2. Prepare PROPERTY CLERK INVOICE (PD521-141) utilizing the Property and Evidence Tracking System and select "FORFEITURE" as Property Category. DESK OFFICER 3. Comply with P.G. 218-39, "Seizure, Removal and Disposition of Property of General and Food Vendors". 4. Prepare PEDDLER FORFEITURE QUESTIONNAIRE (PD260-155) upon arrival at command of individual seeking to reclaim seized property. a. Ensure the names and addresses of all persons involved, (e.g., driver, owner of vehicle and / or representative, etc.) AND PROPERTY CLERK INVOICE serial number(s) are entered on PEDDLER FORFEITURE QUESTIONNAIRE. 5. Have claimant sign perforated, tear-off portion of PEDDLER FORFEITURE QUESTIONNAIRE entitled "Peddler Property-Acknowledgement of Demand." 6. Send by FAX or forward by messenger copies of all relevant documents, including: a. Completed PEDDLER FORFEITURE QUESTIONNAIRE with signed "Peddler Property-Acknowledgement of Demand" b. PROPERTY CLERK INVOICE c. Environmental Control Board Notice of Violation or summons d. ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244- 159), if applicable e. Any other documents prepared within one day of the demand for the return of property to: Assistant Chief, Administrative Law Division New York City Law Department 100 Church Street, Room 5J17 New York, New York 10007 7. Provide claimant appearing at stationhouse with: a. Peddler Property-Acknowledgement of Demand (perforated, tear-off portion of original PEDDLER FORFEITURE QUESTIONNAIRE b. "Prisoner / Finder / Owner" copy of PROPERTY CLERK INVOICE. 8. Forward to patrol borough coordinator: a. ORIGINAL (less tear-off portion) and one copy of PEDDLER FORFEITURE QUESTIONNAIRE b. Two copies of PROPERTY CLERK INVOICE, Environmental Control Board Notice of Violation and Hearing or summons and ON LINE BOOKING SYSTEM ARREST WORKSHEET, if applicable. 9. Comply with steps "4" through "8" for EACH SUBSEQUENT CLAIMANT appearing at the stationhouse to reclaim same property. 10. Retain copies of all forms prepared on ORIGINAL and SUBSEQUENT SERVICE, if appropriate, for command file. PATROL BOROUGH COORDINATOR 11. Maintain record of forms received from command under the following captions: DATE SERIAL NO. CLAIMANT'S NAME OWNER/ REPRESEN TATIVE VOUCHER NO. SUMMONS NO. VENDOR'S NAME 12. Assign borough serial number to each PEDDLER FORFEITURE QUESTIONNAIRE. 13. Check all forms for completeness and accuracy. a. Return any form containing errors and / or omissions to precinct of origin for correction. 14. Act as a liaison with Corporation Counsel in all matters pertaining to the forfeiture program. ADDITIONAL DATA OPERATIONAL ISSUES It is now the responsibility of the Corporation Counsel to serve the claimant with the summons and complaint. However, it is imperative that copies of the completed PEDDLER FORFEITURE QUESTIONNAIRE, as well as any other documents prepared in conjunction with this procedure, be forwarded to the Corporation Counsel within one day of the claimant's appearance at command to reclaim seized property. RELATED PROCEDURE Seizure, Removal and Disposition of Property of General and Food Vendors (P.G. 218-39) FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PEDDLER FORFEITURE QUESTIONNAIRE (PD260-155) PROPERTY CLERK INVOICE (PD521-141) P.G. 218-42 Obtaining And Returning Of Property Clerk Division Seals (Plastic Security Seals) Date Effective: 08/01/13 PURPOSE To record the distribution of Property Clerk Division seals issued to uniformed members of the service assigned to peddler enforcement duty and to ensure the integrity of returned Property Clerk Division seals. SCOPE Uniformed members of the service below the rank of captain, assigned to peddler enforcement duty, must carry a sufficient amount of Property Clerk Division seals. PROCEDURE When assigned to peddler enforcement duty: UNIFORMED MEMBER OF THE SERVICE 1. Obtain Property Clerk Division seals and CERTIFICATION OF PROPERTY CLERK DIVISION SEALS (PD521-061) from desk officer. 2. Examine Property Clerk Division seals to ensure that there are twenty seals, consecutively numbered. 3. Sign for Property Clerk Division seals on the PROPERTY CLERK DIVISION SEAL DISTRIBUTION CARD (PD521-1411). 4. Sign and deliver completed CERTIFICATION OF PROPERTY CLERK DIVISION SEALS, to immediate supervisor, after all seals have been used. SUPERVISOR 5. Review completed CERTIFICATION OF PROPERTY CLERK DIVISION SEALS and verify that all Property Clerk Division seals are accounted for. a. Document verification by initialing the top portion of the CERTIFICATION OF PROPERTY CLERK DIVISION SEALS. INIFORMED MEMBER OF THE SERVICE 6. Deliver unused Property Clerk Division seals and CERTIFICATION OF PROPERTY CLERK DIVISION SEALS, to the command where they were issued, when transferred or separated from the Department. 7. Notify commanding officer, without delay, when a Property Clerk Division seal is damaged or missing. COMMANDING OFFICER / RANKING SUPERVISOR DESIGNEE 8. Examine CERTIFICATION OF PROPERTY CLERK DIVISION SEALS to verify that: a. All information has been recorded b. No discrepancies exist. 9. Take appropriate action if discrepancies are found. 10. Obtain unused or damaged peddler* seals from transferred or separated members. 11. Destroy unused or damaged Property Clerk Division seals; they are not to be re-issued. * As so in original should probably be Property Clerk Division INTEGRITY CONTROL OFFICER 12. Make random inspections of CERTIFICATION OF PROPERTY CLERK DIVISION SEALS. 13. Indicate inspection by entering date and initials on the reverse side of CERTIFICATION OF PROPERTY CLERK DIVISION SEALS. 14. Report any discrepancies to the commanding officer. FORMS AND REPORTS CERTIFICATION OF PROPERTY CLERK DIVISION SEALS (PD521-061) PROPERTY CLERK DIVISION SEAL DISTRIBUTION CARD (PD521-1411) P.G. 218-43 Removal And Storage Fees For Licensed Food Vendors Equipment And Goods Date Effective: 08/01/13 PURPOSE To collect removal and storage fees for vehicles, carts, goods or food of a licensed food vendor. PROCEDURE When the owner or person lawfully entitled to possession of a peddler's vehicle, cart, stand or goods appears at a Department facility to claim property: DESK OFFICER 1. Collect removal fee as follows: a. Vehicle, cart, stand removed by Department vehicle - $65.00 b. Vehicle, cart, stand not removed by Department vehicle - $20.00 c. Goods taken into custody with vendor's vehicle, cart, stand - $10.00 d. Goods only seized - $20.00. 2. Ensure goods / food and vehicle, carts, stand, etc. which are stored separately are charged a separate storage fee. 3. Collect storage fee of $5.00 per day or part of day. a. Storage fee will not be imposed for the day the vehicle, cart, stand or goods / food are initially delivered to the command. 4. Prepare two copies of FEE RECEIPT (PD122-017). 5. Mark receipt "VIOD" if an error is made in its preparation. a. Prepare new receipt. b. File receipt marked "VIOD" on command. 6. Give original RECEIPT to claimant. 7. Complete the "Release / Disposition - Return to Owner" function utilizing the Property and Evidence Tracking System. a. Have claimant sign utilizing the digital signature capture device. 8. Forward fees collected for removal / storage to Audits and Accounts Unit on the next business day (except Saturdays, Sundays and civilian holidays). a. Fees received at commands after 1600 hours or on days when the Audits and Accounts Unit is closed will be safeguarded and processed the next business day. 9. File copy of FEE RECEIPT in command. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS A vehicle, cart, stand, or goods will not be released to an owner or his representative who alleges it was stolen and refuses to pay removal / storage charges. The seized property of a licensed vendor will be returned upon demand and without the payment of any fee, when the vendor produces a valid vendor's license. An appropriate entry will be made in the "Remarks" section of the PROPERTY CLERK INVOICE. Pushcarts, stands, and / or merchandise removed from an unlicensed peddler will not be returned to the claimant upon payment of removal and storage fees, but will become the subject of forfeiture proceedings per P.G. 218-41, "Unlicensed Peddler Forfeiture Program". RELATED PROCEDURE Unlicensed Peddler Forfeiture Program (P.G. 218-41) FORMS AND REPORTS FEE RECEIPT (PD122-017) PROPERTY CLERK INVOICE (PD521-141) P.G. 218-44 Removal And Storage Charges Date Effective: 08-19-13 PURPOSE To collect and forward fees received for vehicles or boats in police custody. DEFINITION VEHICLE OR BOAT IN POLICE CUSTODY - A motor vehicle or boat abandoned, involved in a collision or an unoccupied boat found adrift which has been taken to a Department facility. (Does not include motor vehicles or boats impounded as evidence). PROCEDURE When the owner or person lawfully entitled to possession appears at a Department facility to claim a vehicle or boat: DESK OFFICER OR PERSON IN CHARGE OF STORAGE FACILITY 1. Collect towing fee of $25.00 if Department tow or launch removes a vehicle or boat in police custody. 2. Collect storage fee of $5.00 per day or part of day for an abandoned vehicle or boat or a vehicle or boat involved in a collision. (No storage fee will be imposed for the day a vehicle or boat is delivered to a department facility.) 3. Charge $5.00 per day or part of day commencing three days after notice to owner by registered mail for an unoccupied boat found adrift or a stolen vehicle or boat. 4. Prepare FEE RECEIPT (PD122-017) in numerical sequence. a. Original copy to claimant. b. Copy to Audit and Accounts Section. c. Leave third copy in FEE RECEIPT BOOK as command file copy. 5. Forward fees collected to Audit and Accounts Section each day (excluding Saturdays, Sundays and holidays) with three copies of itemized report and corresponding FEE RECEIPT for each boat or vehicle returned to claimant. NOTE: The New York City Administrative Code requires that fees collected be forwarded "on next business day." Fees collected at commands after 1600 hours or on days when the Audit and Accounts Section is closed will be safeguarded and processed the next business day. The Audit and Accounts Section is closed for business on weekends and all civilian holidays. ADDITIONAL DATA DO NOT release vehicle or boat to an owner or his representative who alleges it was stolen and refuses to pay charges due. RELATED PROCEDURES Forwarding Fees to Audit and Accounts Section (P.G. 212-82) FORMS AND REPORTS FEE RECEIPT (PD122-017) P.G. 218-45 Pistol License Suspension, Revocation Or Cancellation Date Effective: 08/01/13 PURPOSE To facilitate the surrender of pistol licenses and firearms when a license is suspended, revoked or cancelled. DEFINITION FIREARM - For the purposes of this procedure, a firearm is defined as any pistol or revolver listed on a PISTOL LICENSE (PD643-052). PROCEDURE Upon receipt of a FIREARMS - SURRENDER NOTICE (PD641-123), through channels, from the License Division: OPERATIONS COORDINATOR 1. Assign / designate a member of the service to record receipt of FIREARMS SURRENDER NOTICE, by serial number, in Precinct Communication Log and deliver NOTICE(S) to commanding officer. COMMANDING OFFICER 2. Assign a uniformed member of the service, preferably a supervisor, to conduct a prompt investigation. 3. Ensure investigation is completed and all related forms are forwarded to the License Division, through channels, within thirty days of date FIREARMS SURRENDER NOTICE was received at command. UNIFORMED MEMBER ASSIGNED 4. Respond to licensee's address and request surrender of pistol license and firearm(s) indicated on FIREARMS - SURRENDER NOTICE. a. Attempt to make visits at times other than during the second platoon (e.g., 4 X 12's, weekends, etc.), if necessary. b. Contact the License Division for further direction if licensee refuses to surrender firearm(s) after FIREARMS - SURRENDER NOTICE has been served and the licensee offers no evidence or documentation indicating that firearm(s) were legally disposed of. COMMANDING OFFICER, LICENSE DIVISION 5. Confer with Legal Bureau and Detective Bureaus, if necessary, and advise the appropriate course of action. UNIFORMED MEMBER ASSIGNED 6. Complete and sign pink copy of FIREARMS - SURRENDER NOTICE and present to licensee as receipt for surrendered item(s). 7. Prepare PROPERTY CLERK INVOICE (PD521-141) utilizing the Property and Evidence Tracking System, and process firearm(s) as per provisions of P.G. 218-23, "Processing Firearms and Firearm-Related Evidence", if firearm(s) is among items surrendered. a. Include the following notation under "Remarks" on PROPERTY CLERK INVOICE: "FIREARMS SHALL NOT BE RELEASED WITHOUT WRITTEN AUTHORIZATION OF THE COMMANDING OFFICER, LICENSE DIVISION." 8. Attempt to obtain new address if licensee no longer resides or is employed at address indicated on FIREARMS - SURRENDER NOTICE. a. Enter new address on buff copy of FIREARMS - SURRENDER NOTICE. b. Serve FIREARMS - SURRENDER NOTICE if new address is located within the confines of command. (1) If new address is not within confines of command, enter all information on buff copy of FIREARMS - SURRENDER NOTICE and return to License Division. c. Enter relevant information on buff copy of FIREARMS - SURRENDER NOTICE if new address cannot be obtained. 9. Prepare COMPLAINT REPORT WORKSHEET (PD313-152A) and refer to detective squad when: a. Firearm is lost or stolen and has not been previously reported as such b. Member suspects licensee still resides or is employed at location and is intentionally avoiding service of FIREARMS-SURRENDER NOTICE c. Member believes firearms may have been used in commission of a crime. (1) Forward REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) and firearm to Firearms Analysis Section for analysis with a copy of COMPLAINT REPORT. 10. Complete all relevant sections on buff copy of FIREARMS - SURRENDER NOTICE. 11. Deliver buff and white copies of FIREARMS - SURRENDER NOTICE to commanding officer. a. Include the following items, if obtained: (1) PISTOL LICENSE (2) "Assigned Investigator" copy of PROPERTY CLERK INVOICE (3) Photocopy of COMPLAINT REPORT (4) Any other substantiating documentation. 12. Make complete entry of relevant facts in ACTIVITY LOG (PD112-145). COMMANDING OFFICER 13. Endorse buff copy of FIREARMS - SURRENDER NOTICE. 14. Forward buff and white copies of FIREARMS - SURRENDER NOTICE, along with the following items, if obtained, to License Division: a. PISTOL LICENSE b. "Assigned Investigator" copy of PROPERTY CLERK INVOICE c. Photocopy of COMPLAINT REPORT d. Any other substantiating documentation. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS A pistol licensee may legally dispose of a properly registered firearm by sale to a licensed New York State gun dealer, or to a person authorized to possess firearms, or by surrendering for safekeeping to a police agency. Such information must be entered on buff copy of FIREARMS - SURRENDER NOTICE. In cases where the licensee is believed to have relocated outside of the City of New York, License Division personnel will notify the appropriate agency. RELATED PROCEDURES Voluntary Surrender of Weapons with Written Notice (P.G. 207-26) Voluntary Surrender of Weapons without Prior Written Notice (P.G. 207-27) Invoicing Property - General Procedure (P.G. 218-01) Processing Firearms and Firearm-Related Evidence (P.G. 218-23) Rifle / Shotgun Permit Suspended, Revoked, Disapproved (P.G. 212-85) FORMS AND REPORTS ACTIVITY LOG (PD112-145) COMPLAINT REPORT WORKSHEET (PD313-152A) FIREARMS - SURRENDER NOTICE (PD641-123) PISTOL LICENSE (PD643-052) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) P.G. 218-46 Processing Of Found Property Recovered By School Safety Agents In Facilities Or On Property Owned By The Department Of Education Date Effective: 09-06-13 PURPOSE To record and process found property recovered by a school safety agent in facilities or on property owned by the Department of Education. DEFINITIONS FOUND PROPERTY - Any lost article. CONTRABAND - Items which are prohibited by the Penal Law and Administrative Code; such items include but are not limited to firearms, narcotics, marijuana, box cutters and switchblades. NON-CONTRABAND - Items which are not prohibited by the Penal Law and Administrative Code; such items include, but are not limited to personal stereos, CD players, metrocards, clothing and bookbags. Items which may violate the Chancellor's or school rules, e.g., marking pens, will also be categorized as non-contraband. PROCEDURE Upon coming into possession of found property in facilities or on property owned by the Department of Education, whether on or off duty: SCHOOL SAFETY AGENT 1. Examine the found property and ascertain whether it is contraband, evidence, dangerous to health and safety, or is U.S. currency valued at $10.00 or more, to determine who will take custody of the property. a. Identify owner if possible. NOTE: The owner of a found NYC Transit metrocard may be identified through the records maintained by the transportation coordinator in each school. 2. Make complete ACTIVITY LOG (PD112-145) entries to include: a. Circumstances of recovery b. Detailed description of the found property c. Name, address, and telephone number of person (if other than school safety agent) who recovered and returned found property d. Name, shield number, and command of uniformed member of the service taking custody of found property, when applicable. NOTE: If the property is readily identifiable as belonging to a student or staff member, such property can be retained by the school safety agent and returned to its rightful owner who will then acknowledge receipt by signing the school safety agent's ACTIVITY LOG. When property is recovered and turned over to a school safety agent, the agent will request that the finder sign the agent's ACTIVITY LOG. In all instances when the finder refuses, the school safety agent will indicate such below the property description in their ACTIVITY LOG and then request that the School Safety Agent III/School Safety Supervisor, or precinct school safety sergeant respond. Supervisor will then sign the agent's ACTIVITY LOG. 3. Notify: a. The School Safety Agent III/School Safety Supervisor, or precinct school safety sergeant and/or principal, as soon as possible b. The School Safety Operations Center at (212) 979-3333 in all cases and provide information obtained in step 2. c. The precinct patrol supervisor, if firearm, other contraband, evidence, or U.S. currency valued at $10.00 or more is involved and precinct school safety sergeant is not available. SCHOOL SAFETY OPERATIONS CENTER PERSONNEL 4. Enter in the criminal incident database a description of the found property, the names of the finder, supervisor notified, and school safety agent. a. Assign a control/safety incident number. SCHOOL SAFETY AGENT 5. Enter in ACTIVITY LOG the name of the person notified at the Operations Center and the control/safety incident number assigned. 6. Deliver non-contraband, non-evidence property, including U.S. currency valued at less that $10.00, to the school principal or designee and request that they sign ACTIVITY LOG. NOTE: If either refuses to accept property and/or sign the ACTIVITY LOG, then contact the School Safety Agent III/School Safety Supervisor or precinct school safety sergeant. In this situation, the property will be safeguarded by the receiving agent until it is taken into possession by a uniformed member of the service who will invoice said property IF RECOVERED FOUND PROPERTY IS A FIREARM OR OTHER TYPE OF CONTRABAND, EVIDENCE, OR U.S. CURRENCY VALUED AT $10.00 OR MORE SCHOOL SAFETY AGENT 7. Safeguard property until delivered to precinct uniformed personnel. NOTE: All firearms should be considered loaded and operable. DO NOT touch, disturb, or move a firearm in any way unless absolutely necessary (e.g., large crowd gathering, rendering aid to a victim, etc.). DO NOT attempt to unload a firearm. A bookbag, briefcase, purse, wallet, etc., found to contain any contraband property, must be invoiced along with the contraband property. SCHOOL SAFETY AGENT III/SCHOOL SAFETY SUPERVISOR 8. Respond to location: a. Verify ACTIVITY LOG entry. b. Ensure that non-contraband, non-evidence property, including U.S. currency valued at less than $10.00 has been delivered to the principal or designee. 9. Notify the precinct school safety sergeant to respond and take possession of any firearm, contraband, evidence, or U.S. currency valued at $10.00 or more. NOTE: The School Safety Agent III/School Safety Supervisor will notify the precinct patrol supervisor if any of these items are involved and the precinct school safety sergeant is not available. PRECINCT SCHOOL SAFETY SERGEANT/PATROL SUPERVISOR 10. Respond to location: a. Take custody of firearm, other contraband, evidence, or U.S. currency valued at $10.00 or more b. Assign a precinct uniformed member of the service to invoice the firearm, other contraband, evidence, or U.S. currency valued at $10.00 or more c. Ensure that any necessary reports are prepared. RELATED PROCEDURES Confiscation of New York City Transit Student Metrocards (P.G. 215-15) Police Actions, Related Questioning, Arrests and Investigations at Department of Education Facilities (P.G. 215-17) Search Protocols for School Safety Agents (P.G. 215-18) FORMS AND REPORTS ACTIVITY LOG (PD112-145) P.G. 218-47 Property Index Date Effective: 06-28-13 REVOKED P.G. 218-48 Vehicle Seizure At Time Of Arrest Date Effective: 08/01/13 PURPOSE To ensure the opportunity for a post-seizure retention hearing for those individuals from whom a vehicle is seized, or the lawful owner of such vehicle. PROCEDURE Whenever a vehicle is taken into custody where the vehicle operator was arrested for a crime, members of the service will comply with the following procedure: ARRESTING OFFICER 1. Prepare PROPERTY CLERK INVOICE (PD521-141) UTILIZING THE Property and Evidence Tracking System as indicated in P.G. 218-19, "Invoicing Vehicles / Property As Arrest / Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner." 2. Print and complete VEHICLE SEIZURE FORM (PD571-1218) utilizing Property and Evidence Tracking System. 3. Insert precinct vehicle seizure number obtained from the COMMAND VEHICLE SEIZURE INDEX (PD571-091) on the VEHICLE SEIZURE FORM in caption indicated. 4. Have defendant / operator sign the VEHICLE SEIZURE FORM to acknowledge receipt. a. If defendant / operator refuses to sign, note refusal on form. DESK OFFICER 5. Verify VEHICLE SEIZURE FORM for accuracy and completeness, and have arresting officer sign. ARRESTING OFFICER 6. Sign VEHICLE SEIZURE FORM and issue copy to the defendant / operator. 7. Fax completed PROPERTY CLERK INVOICE along with copy of VEHICLE SEIZURE FORM to Vehicle Seizure Unit, Legal Bureau. a. Document fax transmittal in Telephone Record. 8. Provide Assistant District Attorney preparing the criminal court complaint with a copy of completed VEHICLE SEIZURE FORM. 9. Forward the following in the next day's A.M. Department mail to the Legal Bureau, Vehicle Seizure Unit, 2 Lafayette Street, 5th Floor, New York, New York: a. Original copy of VEHICLE SEIZURE FORM b. Copy of PROPERTY CLERK INVOICE c. Copy of signed criminal court complaint d. Copy of Police Accident Report (MV104AN), if applicable. DESK OFFICER 10. Ensure that five photocopies of the VEHICLE SEIZURE FORM are made and distributed as follows: a. Defendant b. Assistant District Attorney c. Invoicing Officer d. Arresting Officer e. Civil Enforcement Unit f. Make a Command Log entry indicating the name and address of the person served, whether he / she refused or signed the form and the name and shield number of the officer who served the form. EVIDENCE / PROPERTY CONTROL SPECIALIST 11. Collect and maintain copy of VEHICLE SEIZURE FORMS. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS Vehicles registered or titled to third parties (e.g. defendant's parents, spouse, friends, relatives, or business entities) are generally not seized for forfeiture unless a beneficial ownership situation exists or some specific knowledge on the part of that third party owner can be proven. If evidence of this knowledge exists (such as statements or other indications of ownership by the defendant), it must be indicated in the "Remarks" section of the PROPERTY CLERK INVOICE. A COMMAND VEHICLE SEIZURE INDEX will be maintained in a binder at the desk of all commands that process arrests. DEPARTMENT POLICY Commanding officers will ensure that compliance with the guidelines set forth in this procedure become part of the command's self inspection program which will be monitored by the Quality Assurance Division. This self inspection is mandatory and to be performed monthly. RELATED PROCEDURE Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner (P.G. 218-19) FORMS AND REPORTS COMMAND VEHICLE SEIZURE INDEX (PD571-091) PROPERTY CLERK INVOICE (PD521-141) VEHICLE SEIZURE FORM (PD571-1218) Police Accident Report (MV104AN) P.G. 218-49 Immediate Delivery Of DNA Evidence To The Police Laboratory And The Office Of The Chief Medical Examiner (OCME) Date Effective: 08-01-13 PURPOSE To provide a standard procedure for the immediate delivery of DNA evidence from the invoicing precinct, PSA and transit district command direct to the Police Laboratory, and subsequently, immediately and directly to the Office of Chief Medical Examiner (OCME). PROCEDURE When circumstances exist that require the immediate delivery of DNA evidence from the invoicing precinct, PSA and transit district command direct to the Police Laboratory, and subsequently, immediately and directly to the Office of Chief Medical Examiner (OCME): DETECTIVE SUPERVISOR 1. Determine whether circumstances exist that require the immediate delivery of DNA evidence including Sexual Offense Evidence Collection Kits direct to the Police Laboratory, and subsequently, the immediate delivery of the DNA evidence including Sexual Offense Evidence Collection Kits from the Police Laboratory direct to the Office of Chief Medical Examiner (OCME) for expeditious analysis based upon: a. A conferral with the "catching/assigned" investigator; and, b. A conferral with the Crime Scene Unit personnel or Evidence Collection Team personnel who collected the DNA evidence, other forensic evidence and investigative evidence; and, c. The type of crime (e.g., pattern rape), and the nature of the perpetrator (e.g., violent rapist), and the results of the investigation (e.g., unidentified perpetrator), and other relevant circumstances. 2. Confer with Forensic Investigations Division (FID) OCME Liaison Unit personnel and, if available, the Detective Borough DNA Coordinator, regarding the circumstances requiring the IMMEDIATE delivery of the DNA evidence including Sexual Offense Evidence Collection Kits DIRECT to the Police Laboratory, and subsequently, the IMMEDIATE delivery of the DNA evidence including Sexual Offense Evidence Collection Kits from the Police Laboratory DIRECT to the OCME for expeditious analysis. a. If no FID OCME Liaison Unit personnel are available, confer with a Police Laboratory Evidence Control Supervisor. b. If the Detective Borough DNA Coordinator is not available, confer with the Detective Borough DNA Coordinator as soon as possible. 3. Confer with the desk officer, and: a. Explain the circumstances requiring the IMMEDIATE delivery of the DNA evidence DIRECT to the Police Laboratory, and subsequently, the IMMEDIATE delivery of the DNA evidence from the Police Laboratory DIRECT to the OCME Evidence Unit b. Request that a uniformed member of the service be directed to IMMEDIATELY deliver the DNA evidence DIRECT to the Police Laboratory, and subsequently, to IMMEDIATELY deliver the DNA evidence from the Police Laboratory DIRECT to the OCME Evidence Unit. 4. Follow-up to ensure that the DNA evidence was IMMEDIATELY delivered DIRECT to the Police Laboratory, and subsequently, the DNA evidence was IMMEDIATELY delivered from the Police Laboratory DIRECT to the OCME Evidence Unit. DESK OFFICER 5. Create a PROPERTY TRANSFER REPORT (PD521-1412) utilizing the Property and Evidence Tracking System, ensuring all DNA evidence is appropriately entered in compliance with Department procedures. MEMBER OF THE SERVICE DELIVERING DNA EVIDENCE 6. Review PROPERTY TRANSFER REPORT and digitally sign REPORT. DESK OFFICER 7. Digitally sign PROPERTY TRANSFER REPORT verifying accuracy and completeness. 8. Make an entry in Command Log including: a. All PROPERTY CLERK INVOICE (PD152-141) numbers. b. Rank, name and tax number of the member of the service delivering the DNA evidence. c. Department vehicle number of the assigned vehicle. 9. Direct a uniformed member of the service to IMMEDIATELY deliver the DNA evidence DIRECT to the Police Laboratory, and subsequently, to IMMEDIATELY deliver the DNA evidence from the Police Laboratory DIRECT to the OCME Evidence Unit. MEMBER OF THE SERVICE DELIVERING DNA EVIDENCE 10. Immediately deliver the DNA evidence direct to the Police Laboratory. POLICE LABORATORY EVIDENCE CONTROL SUPERVISOR 11. Inspect the DNA evidence, and ensure: a. The DNA evidence is properly packaged and sealed. b. Each DNA evidence container/package is properly listed on an appropriate PROPERTY CLERK INVOICE. c. Each PROPERTY CLERK INVOICE is listed on an appropriate PROPERTY TRANSFER REPORT. d. All Department forms/reports are properly prepared. e. All required Department forms, reports, records, etc., are properly attached to the corresponding evidence. f. The DNA evidence is probative, and requires immediate delivery direct to the OCME Evidence Unit. g. If accurate confirm acceptance of PROPERTY TRANSFER REPORT in Property and Evidence Tracking System. 12. Assign an appropriate "Police Laboratory Number" to each INVOICE. 13. Print completed PROPERTY TRANSFER REPORT. 14. File the completed PROPERTY TRANSFER REPORT appropriately. MEMBER OF THE SERVICE DELIVERING DNA EVIDENCE 15. Create a PROPERTY TRANSFER REPORT utilizing the Property and Evidence Tracking System, ensuring all DNA evidence is appropriately entered. 16. Review PROPERTY TRANSFER REPORT and digitally sign REPORT. POLICE LABORATORY SUPERVISOR 17. Digitally sign PROPERTY TRANSFER REPORT. 18. Direct member of the service to IMMEDIATELY deliver DNA evidence DIRECT to the OCME Evidence Unit. MEMBER OF THE SERVICE DELIVERING DNA EVIDENCE 19. Immediately deliver the DNA evidence direct to the OCME Evidence Unit. 20. If the OCME Evidence Unit refuses to accept one or more DNA evidence containers /packages, notify: a. A Police Laboratory Evidence Control Supervisor; and, b. When applicable, an appropriate Detective Supervisor. OCME EVIDENCE UNIT PERSONNEL 21. Perform intake utilizing the Property and Evidence Tracking System. 22. Confirm acceptance of PROPERTY TRANSFER REPORT in Property and Evidence Tracking System utilizing user name and password. 23. Print five copies of the PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) for each PROPERTY TRANSFER REPORT accepted. a. Provide three copies to Messenger. b. Retain two copies for OCME use. MEMBER OF THE SERVICE DELIVERING DNA EVIDENCE 24. Obtain three copies of the PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT for each PROPERTY TRANSFER REPORT 25. Telephone the Police Laboratory Evidence Control Section, and confer with a supervisor. a. Provide the Evidence Control Section personnel with the OCME Evidence Unit "Evidence Control Number" assigned to each INVOICE listed on each PROPERTY TRANSFER REPORT. 26. Deliver all of the PROPERTY TRANSFER REPORT PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT to the desk officer. DESK OFFICER 27. File two copies of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT. 28. Immediately deliver the copy of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT direct to an appropriate Detective Supervisor. DETECTIVE SUPERVISOR 29. Ensure the copy of each PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT that lists DNA evidence is immediately placed in the appropriate case file. 30. Ensure a COMPLAINT FOLLOW-UP (PD313-081) is prepared and placed in the appropriate case file indicating the: a. Date and time of delivery of all DNA evidence delivered to the OCME Evidence Unit; and, b. Police Laboratory "Evidence Control Number" and OCME Evidence Unit "Evidence Control Number" for all DNA evidence delivered to the OCME Evidence Unit. RELATED PROCEDURE Delivery of Evidence to the Police Laboratory (P.G. 218-04) FORMS AND REPORTS PROPERTY CLERK INVOICE (PD152-141) PROPERTY TRANSFER REPORT (PD521-1412) PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) COMPLAINT FOLLOW-UP (PD313-081) P.G. 218-50 Prisoner Cellular Telephone(s) Date Effective: 08-01-13 PURPOSE To account for cellular telephone(s) of prisoners. DEFINITION IMEI NUMBER - International Mobile Equipment Identity Number. Each cellular telephone handset that utilizes GSM technology is assigned a unique serial number called the IMEI number. The IMEI number consists of either fifteen or sixteen digits. In the New York metropolitan area, T-Mobile, AT&T and Nextel/Boost Mobile use GSM technology. PROCEDURE When a prisoner is in possession of one or more cellular telephones at the time of arrest, in addition to Department arrest and invoicing procedures, members of the service will: ARRESTING OFFICER 1. If a prisoner is not eligible for a DESK APPEARANCE TICKET and it is necessary to safeguard personal property, invoice the cellular telephone for "Safekeeping," unless the circumstances regarding the arrest indicate the cellular telephone should be invoiced as "Investigatory Evidence" or "Arrest Evidence." 2. Remove battery from cellular telephone to prevent battery from leaking and damaging the cellular phone. WHEN INVOICING A CELLULAR TELEPHONE WHICH IS EQUIPPED WITH AN INTERNATIONAL MOBILE EQUIPMENT IDENTITY (IMEI) NUMBER (I.E., T-MOBILE, AT&T OR NEXTEL/BOOST MOBILE) 3. Obtain the International Mobile Equipment Identity (IMEI) number from the sticker in the battery compartment in the rear of the cellular telephone, or from the sticker on the rear of the cellular telephone viewing screen. 4. Photocopy the area of the cellular telephone listing the IMEI number. a. Ensure the IMEI number is clearly reproduced on the photocopy. 5. If the IMEI number sticker has been removed from the cellular telephone, or if the IMEI number is defaced: a. Invoiced as "Investigatory Evidence" b. Immediately notify desk officer c. Immediately notify detective squad supervisor, precinct of arrest, or if not available, detective squad investigator, precinct of arrest i. Between 0100 and 0800 hours, immediately notify the Detective Borough Nightwatch Squad d. Immediately notify field intelligence officer. DETECTIVE SQUAD MEMBER, PRECINCT OF ARREST 6. Interview prisoner. 7. Notify the Central Robbery Section. 8. Confer with the arresting officer and conduct a thorough investigation to determine whether the cellular telephone was previously reported lost or stolen. a. If the cellular telephone was previously reported stolen, confer with the detective squad investigating the theft of the cellular telephone and the desk officer, precinct of arrest. DESK OFFICER 9. Determine whether the prisoner should be charged with additional offenses after conferral with detective squad member. ARRESTING OFFICER 10. Enter the IMEI number in the appropriate caption in the "Perpetrator" section of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). 11. Attach the photocopy of the area of the cellular telephone listing the IMEI number to the completed ON-LINE BOOKING SYSTEM ARREST WORKSHEET. 12. Prepare the OMNIFORM System ARREST REPORT. a. Ensure the correct IMEI number is properly entered in the "IMEI" section of the OMNIFORM System ARREST REPORT by carefully examining: i. Photocopy of the area of the cellular telephone listing the IMEI number; and, ii. IMEI number caption in the "Perpetrator" section of the ON-LINE BOOKING SYSTEM ARREST WORKSHEET. DESK OFFICER 13. Review the OMNIFORM System ARREST REPORT. 14. Ensure the correct IMEI number is properly entered in the "IMEI" section of the OMNIFORM System ARREST REPORT by carefully comparing: a. Photocopy of the area of the cellular telephone listing the IMEI number; and, b. ON-LINE BOOKING SYSTEM ARREST WORKSHEET. 15. Designate member of the service to search the IMEI number within the OMNIFORM System. 16. Review the results of the OMNIFORM System IMEI number search and ensure the results are entered in the "Details" section of the OMNIFORM System ARREST REPORT. 17. If the results of the IMEI number search indicate that the IMEI number was previously entered into the OMNIFORM System (e.g., COMPLAINT REPORT, ARREST REPORT, Detective Bureau Enterprise Case Management System, Voluntary IMEI Registration Program, etc.), notify: a. Detective squad supervisor, precinct of arrest, or if not available, Detective squad investigator, precinct of arrest i. Between 0100 and 0800 hours, immediately notify the Detective Borough Nighwatch Squad b. Arresting officer c. Field intelligence officer. DETECTIVE SQUAD MEMBER, PRECINCT OF ARREST 18. Comply with steps "6" through "8" if IMEI number was previously entered into the OMNIFORM System. DESK OFFICER 19. Determine whether the prisoner should be charged with additional offenses after conferral with detective squad member. IN ALL CASES ARRESTING OFFICER 20. Prepare PROPERTY CLERK INVOICE WORKSHEET (PD521-141A), as appropriate. a. List cellular telephone and battery as separate items on the WORKSHEET b. If the cellular telephone is a T-Mobile, AT&T or Nextel/Boost Mobile cellular telephone: i. Enter the IMEI number sticker in the "IMEI number" caption of the WORKSHEET ii. If the IMEI number sticker has been removed from the cellular telephone, or if the IMEI number has been defaced, then enter "IMEI number tampered with" in the "Remarks" section of the WORKSHEET. COMMAND CLERK 21. Enter WORKSHEET into the Property and Evidence Tracking System to generate a PROPERTY CLERK INVOICE (PD521-141). ADDITIONAL DATA LEGAL CONSIDERATIONS Uniformed members of the service are reminded they must obtain a search warrant, prisoner's consent, or some exigent circumstances must exist in order to lawfully search for information stored in a cellular telephone. FORMS AND REPORTS ON-LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE WORKSHEET (PD521-141A) PROPERTY CLERK INVOICE (PD521-141) DESK APPEARANCE TICKET P.G. 218-51 Suspect Evidence Collection Kits Date Effective: 08-01-13 PURPOSE To ensure that Suspect Evidence Collection Kits are properly collected and processed for subsequent analysis. DEFINITION SUSPECT EVIDENCE COLLECTION KIT - a kit used by medical personnel in hospitals to gather probative forensic evidence from a suspect or arrestee. PROCEDURE When a suspect/arrestee may have probative forensic evidence physically on their person or clothing: ASSIGNED INVESTIGATOR 1. Determine if suspect/arrestee may have probative forensic evidence on his/her person or clothing. a. Evidence appropriate for collection includes, but is not limited to: clothing and underwear, body debris, secretions, bite marks, fingernail scrapings, chest hair, head hair, facial hair, pubic hair, buccal swabs, and swabs from oral, penile, scrotal, vaginal and anal areas b. When appropriate, photograph the suspect/arrestee's physical features, wounds, clothing, tattoos, distinguishing marks, etc. 2. When probative forensic evidence may be physically present on a suspect/ arrestee or his/her clothing, take measures to protect the forensic evidence from alteration, loss, cross transfer, contamination or change to existing physical state. a. When applicable, prevent the suspect/arrestee from washing hands, bathing or otherwise altering, losing or destroying forensic evidence on his/her person b. Prevent the suspect/arrestee from putting on or removing clothing. 3. Obtain a voluntary consent from the suspect/arrestee for trained hospital personnel to conduct a forensic evidence examination. a. Prepare CONSENT TO SUSPECT EVIDENCE COLLECTION KIT (PD321-031) b. Request CONSENT TO SUSPECT EVIDENCE COLLECTION KIT be signed by the suspect/arrestee c. If consent is not obtained, contact the Legal Bureau to determine the appropriate course of action. If necessary, the Legal Bureau will contact the District Attorney's Office to request an application for a court order. 4. Escort the suspect/arrestee to a designated hospital. a. DO NOT escort the suspect/arrestee to the same hospital where victim is being treated. 5. Alert the New York City Health and Hospital Corporation (HHC) hospital before bringing a suspect for a Suspect Evidence Collection Kit examination and request the Sexual Assault Response Team (SART) be alerted with an estimated arrival time. 6. Prior to the forensic examination, confer with the trained medical personnel in a private area not in the presence of the suspect/arrestee. a. Inform the medical personnel of the authority to conduct the forensic examination (i.e., consent, court order) b. Explain the facts and circumstances of the investigation c. Explain the need to look for any wounds, injuries, tattoos, scars, or other unique features d. Describe the potential probative forensic evidence that may be on the suspect/arrestee (e.g., scratch marks, bite marks, semen, blood, etc.) e. Explain the need to collect specific evidence exemplars. 7. Ensure an investigator of the same sex as the suspect/arrestee remains with the suspect during the examination and evidence collection process. 8. Document any statements made by the suspect during the examination and evidence collection process. 9. DO NOT collect a separate DNA Suspect Exemplar using a NYPD DNA Exemplar Collection Kit when a suspect/arrestee provides a DNA Exemplar as part of the Suspect Evidence Collection Kit. 10. Upon completion of medical examination, take possession of the Suspect Evidence Collection Kit from trained medical personnel. a. Obtain copy of the completed New York City Health and Hospitals Corporation Sexual Assault Suspect Examination (HHC2617) prepared by the hospital personnel. 11. Transport the properly marked, packaged and sealed Suspect Evidence Collection Kit to the detective squad, precinct of occurrence. 12. Prepare COMPLAINT REPORT (PD313-152), if not previously prepared. 13. Attach copy of the COMPLAINT REPORT to the Suspect Evidence Collection Kit. a. When applicable, attach a copy of the COMPLAINT REPORT to any related DNA evidence and/or other probative forensic and/or investigative evidence. 14. Prepare a separate PROPERTY CLERK INVOICE (PD521-141) utilizing the Property and Evidence Tracking System for each Suspect Evidence Collection Kit, and DO NOT invoice any other evidence on the INVOICE listing the Suspect Evidence Collection Kit. a. In the "ARTICLE" caption of the INVOICE type "Suspect Evidence Collection Kit." 15. Prepare one or more separate PROPERTY CLERK INVOICE(S) for any other associated /related forensic evidence (e.g., suspect/arrestee's jacket, dungarees, etc.). a. Enter all associated/related numbers into Property and Evidence Tracking System. 16. Enter the INVOICE number, COMPLAINT REPORT number and arrest number(s), if any, on the cover of the Suspect Evidence Collection Kit. DETECTIVE SUPERVISOR 17. Supervise evidence invoicing procedures. 18. Ensure required Biohazard Labels are properly utilized. 19. Review each PROPERTY CLERK INVOICE and each REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) to ensure all captions are properly prepared and all required information is accurately entered thereon. 20. Digitally sign each INVOICE and each REQUEST in the supervisor's caption verifying accuracy and completeness. 21. Ensure appropriate copies of all INVOICES and all REQUESTS are placed in the investigating officer's case file. 22. Ensure a COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) is prepared and placed in the case file indicating the: a. Date and time of receipt by the Police Laboratory of all Suspect Evidence Collection Kits b. Police Laboratory "Police Laboratory Number" for all Suspect Evidence Collection Kits. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS All associated/related evidence must be readily identifiable and retrievable from the Police Laboratory, Office of the Chief Medical Examiner (OCME), Property Clerk Division, etc. Members of the service must enter ALL associated/related PROPERTY CLERK INVOICE serial numbers on the PROPERTY CLERK INVOICE. Failure to do so may result in disciplinary action. LEGAL CONSIDERATIONS Neither consent nor a court order is necessary to invoice a suspect's clothing (including underwear) or document/photograph a suspect's physical features (e.g., bite marks, tattoos, etc.). AUTHORIZED HOSPITALS TO PROCESS SUSPECT/ARRESTEES: Manhattan * Harlem Hospital * Metropolitan Hospital Queens * Queens Hospital Center Brooklyn * Kings County Hospital Center * Woodhull Medical and Mental Health Hospital * Coney Island Hospital Bronx * North Central Bronx * Jacobi Medical Center * Lincoln Medical Center RELATED PROCEDURES Collection and Processing of DNA Exemplar Samples (P.G. 218-52) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) COMPLAINT FOLLOW-UP INFORMATIONAL (PD313-081A) CONSENT TO SUSPECT EVIDENCE COLLECTION KIT (PD321-031) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) New York City Health and Hospitals Corporation Sexual Assault Suspect Examination (HHC2617) P.G. 218-52 Collection And Processing Of DNA Exemplar Samples Date Effective: 08-01-13 PURPOSE To ensure that appropriate procedures are used by members of the service when collecting and processing DNA Exemplar Samples. DEFINITIONS DNA Exemplar Sample - There are four types of DNA Exemplar Samples: (1) DNA Exemplar Elimination Consent Samples (2) DNA Exemplar Victim Consent Samples (3) DNA Exemplar Suspect/Arrestee Consent Samples (4) DNA Exemplar Suspect/Arrestee Court Ordered Samples NYPD DNA Exemplar Collection Kit - Kit used to collect all four types of DNA Exemplar Samples. It contains: (i) an inner envelope (ii) an outer envelope (iii) a buccal swab sealed in a buccal swab package (iv) one pair of new disposable latex gloves (v) two pieces of Evidence Tape. PROCEDURE When collecting and processing DNA Exemplar Samples: ASSIGNED DETECTIVE 1. When a DNA Exemplar Suspect/Arrestee Court Ordered Sample is collected: a. Provide the suspect/arrestee with a copy of the court order b. File the original order in the case file. 2. When a DNA Exemplar Elimination Consent, Victim Consent, or Suspect /Arrestee Consent Sample is collected: a. Obtain a voluntary consent b. Request the CONSENT TO SUBMIT DNA SAMPLE (PD390-031) form be signed by the consenter c. File each signed CONSENT TO SUBMIT DNA SAMPLE form in the case file. 3. DO NOT collect DNA Exemplar Elimination Consent, Victim Consent, or Suspect/Arrestee Consent Samples if the consenter refuses to sign the CONSENT TO SUBMIT DNA SAMPLE form, even if written or verbal voluntary consent is obtained. IN ALL CASES WHEN COLLECTING A DNA EXEMPLAR SAMPLE: 4. Use ONLY the authorized "NYPD DNA Exemplar Collection Kit" to collect a DNA Exemplar Sample. 5. Use a permanent ink marker (i.e., sharpie) to prepare all captions on the inner and outer envelopes contained in the Kit, prior to collecting the DNA Exemplar Sample. a. When applicable, use the terms "UNK", "NONE", "N/A", etc., to ensure that an entry is made in ALL captions on the inner and outer envelopes. 6. Collect a DNA Exemplar Sample in the following manner: a. Complete the entire marking, collecting, packing, and sealing process for one DNA Exemplar Sample prior to commencing the marking, collecting, packaging and sealing process for the next separate DNA Exemplar Sample. i. Never collect more than one DNA Exemplar Sample at the same time. b. Don one pair of new, unused, clean disposable latex gloves c. Continuously observe the person providing the DNA Exemplar Sample throughout the entire collection process d. Provide one new, unused, clean, unopened "buccal swab package" to the person who will produce the DNA Exemplar Sample i. Do not remove the buccal swab from the buccal swab package. e. Instruct the person providing the DNA Exemplar Sample to: i. Carefully remove the buccal swab from the buccal swab package ii. Prevent the buccal swab head from coming into contact with any object iii. Vigorously rub the buccal swab head against the inside of the cheek. f. Recover the buccal swab g. Air dry the buccal swab h. Do not permit the buccal swab head to touch any other object or surface i. Slide the "applicator protector" over the buccal swab head j. Place the buccal swab in the marked inner envelope and properly seal it with Evidence Tape k. Legibly sign name across the border between the Evidence Tape and the marked inner envelope with permanent ink marker (i.e., sharpie) l. Place the marked inner envelope in the marked outer envelope and properly seal it with Evidence Tape i. Only use Evidence Tape when sealing the inner and outer envelopes. DO NOT use staples or any other type of tape (scotch, masking, electrical, etc.). m. Legibly sign name across the border between the Evidence Tape and the marked outer envelope with a permanent ink marker (i.e., sharpie) 7. Discard the swab and repeat steps "4," "5" and "6" if swab head becomes contaminated during collection. WHEN INVOICING DNA EXEMPLAR SAMPLES: 8. Invoice one or more DNA Exemplar Elimination Consent Samples and/or one or more DNA Exemplar Victim Consent Samples on one PROPERTY CLERK INVOICE (PD521-141). a. List each DNA Exemplar Elimination Consent Sample and/or each DNA Exemplar Victim Consent Sample as a Separate ITEM on a separate line on the INVOICE; giving each Sample a separate ITEM number. b. DO NOT invoice DNA Exemplar Elimination Consent and/or Victim Consent Samples on the same PROPERTY CLERK INVOICE as DNA Exemplar Suspect/Arrestee Consent and / or Suspect/Arrestee Court Ordered Samples. 9. Invoice ONLY one DNA Exemplar Suspect/Arrestee Consent Sample on one PROPERTY CLERK INVOICE. 10. Invoice ONLY one DNA Exemplar Suspect/Arrestee Court Ordered Sample on one PROPERTY CLERK INVOICE. 11. Every DNA Exemplar Sample carried as a separate ITEM, with its own ITEM number, will be described in the following manner: a. In the "ARTICLE" caption of the INVOICE, write: i. The type of DNA Exemplar Sample (i.e., Elimination Consent, Victim Consent, Suspect / Arrestee Court Ordered), and ii. Name, date of birth, and NYSID number (if applicable) of the person providing the DNA Exemplar Sample. b. Use as many lines as necessary on the INVOICE to ensure each ITEM has a separate ITEM number and is completely, accurately and legibly described on the INVOICE to conform with Step "11a." 12. List all associated/related INVOICE numbers into the Property and Evidence Tracking System. 13. Prepare REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168), utilizing the Property and Evidence Tracking System for each PROPERTY CLERK INVOICE listing DNA Exemplar Samples. a. Ensure all required information is accurately entered on the REQUEST FOR LABORATORY EXAMINATION REPORT and that the "Details" section contains information regarding the: i. Facts of the case ii. Details about the relationship and connection between the DNA Exemplar Sample and other related DNA evidence or other forensic or investigative evidence. b. Ensure "Arrestee" and "Suspect" information is accurately entered on the REQUEST FOR LABORATORY EXAMINATION REPORT. c. Ensure the location/facility where the DNA Exemplar Sample was collected is is accurately entered in the "Exact Location Where Evidence Was Collected/Recovered" caption on each REQUEST FOR LABORATORY EXAMINATION REPORT, for example, "67 Det. Sqd. Office" or "234 Broadway, Apt 3F, NY, NY" or "Courtroom # 127, 100 Centre Street" i. Do not describe the DNA Exemplar Sample collection location as "from the mouth." 14. Obtain computer generated copy of the COMPLAINT REPORT (PD313-152) or, if not available, copy of handwritten COMPLAINT REPORT WORKSHEET (PD313-152A). 15. Attach corresponding copies of the COMPLAINT REPORT, PROPERTY CLERK INVOICE, and REQUEST FOR LABORATORY EXAMINATION REPORT to the appropriate NYPD "DNA Exemplar Collection Kit" and submit to detective supervisor for review. DETECTIVE SUPERVISOR 16. Ensure compliance with P.G. 218-49, "Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME)," as applicable. ADDITIONAL DATA LEGAL CONSIDERATIONS Notify the parent/guardian of a juvenile (i.e., person less than sixteen years old) prior to obtaining consent from the juvenile to collect a DNA Exemplar Suspect/ Arrestee Consent Sample. Permit the juvenile's parent/guardian to confer with and advise the juvenile. It is not necessary to specifically request and obtain consent from the juvenile's parent/guardian prior to obtaining the juvenile's consent. However, if the juvenile consents and the parent/guardian objects to the juvenile's consent, a DNA Exemplar Suspect/Arrestee Consent Sample will be collected from the juvenile if the juvenile signs the CONSENT TO SUBMIT DNA SAMPLE form. It is not necessary to notify the juvenile's parent/guardian prior to obtaining consent from the juvenile to collect a DNA Exemplar Elimination Consent Sample or DNA Exemplar Victim Consent Sample. If the parent/guardian of the juvenile is physically present with the juvenile, they will be permitted to confer with the juvenile. It is not necessary to specifically request and obtain consent from the juvenile's parent/guardian prior to obtaining the juvenile's consent. However, if the juvenile consents and the parent/guardian objects to the juvenile's consent, a DNA Exemplar Elimination Consent Sample or DNA Exemplar Victim Consent Sample will be collected from the juvenile if the juvenile signs the CONSENT TO SUBMIT DNA SAMPLE form. RELATED PROCEDURES Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME) (P.G, 218-49) Exposure of Members of the Service to Infectious Diseases or Hazardous Materials (P.G. 205-10) FORMS AND REPORTS CONSENT TO SUBMIT DNA SAMPLE (PD390-031) COMPLAINT REPORT (PD313-152) COMPLAINT REPORT WORKSHEET (PD313-152A) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) P.G. 218-53 Processing Fireworks Evidence Date Effective: 08-01-13 PURPOSE To establish a standard procedure to invoice fireworks coming into custody of a uniformed member of the service. DEFINITIONS FIREWORKS EVIDENCE - consists of bags, boxes and/or loose items of fireworks. HEAVY DUTY BAG (FOR FIREWORKS) - a specific Department issued clear vinyl bag used for the collection and storage of loose fireworks. PROCEDURE When fireworks evidence is invoiced: INVOICING OFFICER 1. Take two sets of photographs of the fireworks evidence (one set for assistance district attorney or DAT ARREST PACKAGE [PD260-123] and one set to be invoiced as arrest evidence, including if a summons is issued in lieu of arrest). a. If evidence consists of a large seizure of sealed boxes, provide overall photographs of the boxed fireworks. (1) Open one box, remove and display contents for photographing (2) Photograph displayed fireworks evidence (3) Repack and seal with Evidence Tape any box which has been opened. 2. Provide assistant district attorney with photograph(s) in complaint room. a. If a DESK APPEARANCE TICKET is issued, place photographs in DAT ARREST PACKAGE. 3. Create PROPERTY CLERK INVOICE (PD521-141) utilizing the Property and Evidence Tracking System for photographs taken as arrest evidence, including if a summons is issued in lieu of arrest. a. Include on PROPERTY CLERK INVOICE any associated paperwork (e.g., "price lists," sales receipts, bills of lading or other shipping papers of an evidentiary nature, etc.). 4. Create a separate PROPERTY CLERK INVOICE utilizing the Property and Evidence Tracking System for fireworks evidence. 5. Ensure that all fields on each INVOICE prepared are completely, accurately, precisely entered. 6. Ensure the following information is correctly entered on each INVOICE prepared: a. COMPLAINT REPORT (PD313-152) number b. ON LINE BOOKING SYSTEM ARREST REPORT (PD244- 159) arrest number c. Charge/offense under investigation d. Indicate the unit case number in the "Remarks" section of INVOICE, if a seizure is related to an undercover operation utilizing "buys" to develop an ongoing investigation. 7. Place all loose fireworks (i.e., any items not contained in a factory sealed cardboard box) into Department issued "Heavy Duty Bags (For Fireworks)" and close bag(s) with specific seal(s) provided. 8. Ensure bag is not overfilled to allow room for sealing. 9. Ensure items such as "party snaps," "cracker balls," "torpedoes" or any other firework that explodes upon impact are separated from other fireworks. a. A chain reaction could occur if these sensitive items were to explode in proximity to other fireworks. 10. Do not reopen bag(s) once they have been sealed. 11. Enter the quantity of sealed bag(s) of loose fireworks evidence in the quantity on the "Article" screen when entering the PROPERTY CLERK INVOICE. a. Select "BAG(S)" in the drop down menu under "Assorted Fireworks sealed in" and enter "Loose fireworks" in the "Additional Description" field. b. Do not individually count or describe various types of fireworks seized. 12. Enter the quantity of sealed bag(s) of fireworks in the quantity field on the "Article" screen when entering the PROPERTY CLERK INVOICE. a. Select "BAG(S)" in the drop down menu under "Assorted Fireworks sealed in." b. Do not individually count or describe various types of fireworks seized. 13. Enter the quantity of sealed box(es) of fireworks in the quantity field on the "Article" screen when entering the PROPERTY CLERK INVOICE as "sealed boxes of assorted fireworks." a. Select "Box(es)" in the drop down menu under "Assorted Fireworks sealed in." b. Do not individually count or describe various types of fireworks seized. 14. Attach a photocopy of the PROPERTY CLERK INVOICE to each sealed bag or box of fireworks evidence associated with the same arrest. a. In the event of a large seizure of fireworks evidence, a minimum of ten bags or boxes must have copies of the PROPERTY CLERK INVOICE attached. 15. Securely attach a photocopy of the ON LINE BOOKING SYSTEM ARREST REPORT to the PROPERTY CLERK INVOICE for fireworks evidence. 16. Securely attach a photocopy of any related PROPERTY CLERK INVOICE(S) prepared to the PROPERTY CLERK INVOICE for fireworks evidence. DESK OFFICER 17. Ensure PROPERTY CLERK INVOICE is properly prepared for fireworks evidence. 18. Ensure a photocopy of PROPERTY CLERK INVOICE is attached to each sealed bag or box of fireworks evidence associated with the same arrest. a. In the event of a large seizure of fireworks evidence, a minimum of ten bags or boxes must have copies of the PROPERTY CLERK INVOICE attached. 19. Contact the Bomb Squad Range (Rodman's Neck) Monday through Friday, 0700 through 1500, for instructions regarding the delivery of fireworks to the Rodman's Neck facility. a. Contact the Bomb Squad Office at all other times or in the event Range personnel are unavailable. 20. Follow the instructions of the Bomb Squad member receiving the notification as to the time and manner in which the fireworks are to be delivered to the Rodman's Neck Bomb Squad facility (see "ADDITIONAL DATA" for more information on safely transporting fireworks in Department vehicles). 21. Make a Telephone Record entry of date, time and name of Bomb Squad member notified. 22. Ensure all fireworks are properly transferred to the Bomb Squad, utilizing the Property and Evidence Tracking System, and create a PROPERTY TRANSFER REPORT (PD521-1412). 23. Make a Command Log entry regarding the delivery of fireworks evidence to the Rodman's Neck facility and include the following: a. List of PROPERTY CLERK INVOICE numbers being delivered to Rodman's Neck Bomb Squad facility b. Name and shield number of member(s) of the service delivering fireworks evidence c. Department vehicle number(s) used in transportation. 24. Ensure two copies of the PROPERTY CLERK INVOICE remain with the fireworks delivery. a. Delivering member will receive the PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172), with assigned Bomb Squad case number, as a receipt upon delivery of fireworks to the Rodman's Neck facility. 25. Ensure that an adequate number of Department issued "Heavy Duty Bags (For Fireworks)" are on hand for the safe packaging of loose fireworks evidence. a. Additional "Heavy Duty Bags (For Fireworks)" may be obtained from the Quartermaster Section as required. MEMBER OF THE SERVICE DELIVERING FIREWORKS 26. Deliver fireworks evidence and associated PROPERTY CLERK INVOICE(S) to the Bomb Squad Rodman's Neck facility as directed by desk officer (see "ADDITIONAL DATA" for more information on safely transporting fireworks in Department vehicles). 27. Return PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT and copy of Bomb Squad Fireworks Supporting Deposition supplied by the Bomb Squad to desk officer upon return to command. DESK OFFICER 28. Have copies of PROPERTY CLERK INVOICE for fireworks evidence and Bomb Squad Fireworks Supporting Deposition filed in member's arrest folders upon receipt. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS All loose fireworks must be placed and sealed only in the Department issued "Heavy Duty Bags (For Fireworks)." The use of any other bag (e.g., peddler, garbage, recycling, etc.) is strictly prohibited. Members of the service must always carefully follow all safety procedures when handling and/or transporting fireworks. The improper storage, transportation or handling of fireworks could result in serious injury or even death. Caution must be maintained throughout the entire procedure from seizure to disposal. The following precautions must be adhered to for reasons of personal safety: a. No smoking within fifty feet of any fireworks. b. Handle all bags and boxes containing fireworks with care. c. The Bomb Squad should be contacted from the scene whenever large seizures are made, whenever an unusual problem arises regarding fireworks or when any question regarding safety arises. d. Large amounts of fireworks should not be stored in any Department facility. All fireworks are to be delivered to the Bomb Squad range facility as soon as practical, or as directed by the Bomb Squad after making the required notification as indicated in step "19" above. Small amounts of fireworks can safely be stored prior to transport by avoiding placement near any source of excessive heat such as radiators and portable heaters. e. Items such as "party snaps," cracker balls," "torpedoes" or any other fireworks that explode upon impact must be separated from other fireworks. A chain reaction could occur if these sensitive items were to explode in proximity of other fireworks. f. As a general rule, no more than four bags of fireworks should be transported in an RMP. When fireworks are transported in an RMP, they should be placed in the rear seat as this is away from any source of heat or spark. Within Department passenger vans, fireworks should also be placed on the rear bench seats in accordance with the general rule of no more than four bags per seat. g. When transporting fireworks in a Department vehicle all windows should be opened a minimum of two inches to avoid toxic fumes. Fireworks should not be placed in the trunk of a vehicle. h. As a general rule, no more than twenty-five sealed bags or boxes of fireworks should be transported in a Department cargo van. i. Large seizures of fireworks, including any seizure of more than twentyfive sealed bags or boxes should be transported by a closed-body truck with a separate cab and wood cargo floor. The load must also be secured to keep it from shifting during transport. Open rack or barrier trucks will not be used for transporting fireworks. j. Prior to transporting a significant amount of fireworks, the member concerned will, in addition to other required notifications, provide a telephone notification to the New York City Fire Department through the Mayor's Citizen Service Initiative Hotline Number, "311." The Fire Department will provide appropriate fire protection apparatus to escort the shipment. k. When a large seizure of fireworks is delivered to the Bomb Squad range after dark, no unloading of any trucks will take place due to safety considerations. The final decision to load or unload a particular vehicle rests solely with members of the Bomb Squad. Any such shipments will be maintained overnight inside the secure perimeter of the Bomb Squad range and will be emptied and available for pickup by the command concerned as soon as possible. All members of the service are reminded that when handling and transporting fireworks, safety is the top priority. RELATED PROCEDURE Invoicing Property - General Procedure (P.G. 218-01) FORMS AND REPORTS DAT ARREST PACKAGE (PD260-123) PROPERTY CLERK INVOICE (PD521-141) COMPLAINT REPORT (PD313-152) ON LINE BOOKING SYSTEM ARREST REPORT (PD244-159) PROPERTY TRANSFER REPORT (PD521-1412) PROPERTY TRANSFER REPORT ACCEPTANCE DOCUMENT (PD521-172) DESK APPEARANCE TICKET Bomb Squad Fireworks Supporting Deposition P.G. 218-54 Preparation Of Request For Laboratory Examination Report (PD521-168) Date Effective: 08-01-13 PURPOSE To provide guidelines for the proper preparation of REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) utilizing the Property and Evidence Tracking System. PROCEDURE When a REQUEST FOR LABORATORY EXAMINATION REPORT is required to be prepared: INVOICING OFFICER 1. Select "YES" to the question, "Is a `Request for Laboratory Examination' required?'," when preparing a PROPERTY CLERK INVOICE (PD521-141). 2. Select the type of evidence, i.e., "DNA", "Firearms/Firearms Related", "Criminalistics", "Other". 3. Ensure all of the applicable information is selected/entered in the "DNA ELIMINATION SAMPLES" section. 4. Select and add all Analysis Exam Numbers for each item listed on the INVOICE. 5. Digitally sign REQUEST FOR LABORATORY EXAMINATION REPORT verifying accuracy and completeness. DESK OFFICER 6. Digitally sign REQUEST FOR LABORATORY EXAMINATION REPORT verifying accuracy and completeness. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS A REQUEST FOR LABORATORY EXAMINATION REPORT must be prepared for each INVOICE that lists evidence that will be submitted to the laboratory for analysis. The REQUEST FOR LABORATORY EXAMINATION REPORT can also be prepared when a PROPERTY CLERK INVOICE has already been completed by selecting the "REQUEST FOR LABORATORY EXAMINATION" tab. Members of the service are reminded that all REQUEST FOR LABORATORY EXAMINATION REPORTS are to be prepared utilizing the Property and Evidence Tracking System. If the Property and Evidence Tracking System is off-line prohibiting members from preparing a REQUEST FOR LABORATORY EXAMINATION REPORT, members will comply with guidelines set forth in Operations Order 25, series 2013, "Invoicing Property Due to Network Failure of the Property and Evidence Tracking System." RELATED PROCEDURE Invoicing Property Due to Network Failure of the Property and Evidence Tracking System (Operations Order 25, series 2013) FORMS AND REPORTS REQUEST FOR LABORATORY EXAMINATION REPORT (PD521-168) PROPERTY CLERK INVOICE (PD521-141) P.G. 218-55 Retention Of Invoiced Property Date Effective: 08-01-13 Effective immediately, when members of the service require that property/ evidence invoiced as Investigatory or DNA Investigatory and held in the custody of the Property Clerk Division be retained longer than one year for property other than motor vehicle/boat and longer than fifteen days for a motor vehicle/boat, the following procedure will be complied with: PURPOSE To properly record retention requests of invoiced property listed on a PROPERTY CLERK INVOICE (PD521-141) or a motor vehicle/boat listed on a PROPERTY CLERK INVOICE (PD521-141). PROCEDURE When property/evidence invoiced as Investigatory or DNA Investigatory and held in the custody of the Property Clerk Division is required to be retained longer than one year for property other than motor vehicle/boat or longer than fifteen days for motor vehicle/boat: FOR PROPERTY THAT HAS BEEN INVOICED UTILIZING THE PROPERTY AND EVIDENCE TRACKING SYSTEM ASSIGNED INVESTIGATOR/INVOICING OFFICER 1. Prepare and submit REQUEST FOR RETENTION (PD521-169) utilizing the Property and Evidence Tracking System. 2. Perform a separate REQUEST FOR RETENTION for each associated PROPERTY CLERK INVOICE. PROPERTY CLERK FACILITY CONCERNED 3. Review REQUEST FOR RETENTION. a. If retention request is DISAPPROVED, digitally sign REQUEST FOR RETENTION and provide explanation for disapproval to assigned investigator/invoicing officer. b. If retention request is APPROVED, digitally sign REQUEST FOR RETENTION and ensure property/evidence is retained, as appropriate. FOR PROPERTY THAT HAS BEEN INVOICED PRIOR TO THE IMPLEMENTATION OF THE PROPERTY AND EVIDENCE TRACKING SYSTEM ASSIGNED INVESTIGATOR/INVOICING OFFICER 4. Prepare snap-out version of RETENTION OF PROPERTY REQUEST (PD521-166). 5. Prepare a separate RETENTION OF PROPERTY REQUEST for each associated PROPERTY CLERK INVOICE. DETECTIVE BUREAU SUPERVISOR/DESK OFFICER 6. Confer with the assigned investigator and ensure the RETENTION OF PROPERTY REQUEST is properly prepared. 7. Review and sign RETENTION OF PROPERTY REQUEST. ASSIGNED INVESTIGATOR/INVOICING OFFICER 8. Forward RETENTION OF PROPERTY REQUEST as follows: a. WHITE and YELLOW- Property Clerk Division (One Police Plaza, Room 208) b. BLUE - Assigned Investigator c. GREEN - District Attorney's Office d. PINK - Invoicing Officer e. BUFF - Arresting/Assigned Officer. 9. Immediately place "BLUE - Assigned Investigator" copy of the RETENTION OF PROPERTY REQUEST in the case folder. PROPERTY CLERK DIVISION MEMBER 10. Assign and record Property Clerk Division Communications number. 11. Forward "Yellow" copy of RETENTION OF PROPERTY REQUEST to Property Clerk storage facility. 12. File "White" copy of RETENTION OF PROPERTY REQUEST. PROPERTY CLERK STORAGE FACILITY MEMBER 13. File "Yellow" copy of RETENTION OF PROPERTY REQUEST with the "Yellow" copy of the PROPERTY CLERK INVOICE. 14. Enter new retention date in remarks of ORIGINAL "White" copy of the PROPERTY CLERK INVOICE. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS If a RETENTION FOR PROPERTY REQUEST or a REQUEST FOR RETENTION, utilizing the Property and Evidence Tracking System, is not submitted within one year for property other than motor vehicle/boat or within fifteen days for a motor vehicle/boat, the Property Clerk Division will dispose of the property/vehicle except for property/motor vehicle/boat involved in homicide investigations, sexual offenses, arson/explosion, member of service involved or IAB cases. Submission of the RETENTION FOR PROPERTY REQUEST or REQUEST FOR RETENTION to the Property Clerk Division will only retain that property/motor vehicle/boat for one year. If additional retention of the property/ motor vehicle/boat is necessary, a new RETENTION FOR PROPERTY REQUEST or REQUEST FOR RETENTION must be submitted for each additional one year period. FORMS AND REPORTS ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) REQUEST FOR RETENTION (PD521-169) RETENTION OF PROPERTY REQUEST (PD521-166) RELATED PROCEDURE Invoicing Vehicles/Property as Arrest/Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner (P.G. 218-19) P.G. 218-56 Change Of Category For Invoiced Property Date Effective: 08-01-13 PURPOSE To properly record changes to the category of invoiced property or a motor vehicle/ boat listed on a PROPERTY CLERK INVOICE (PD521-141). PROCEDURE When the category of invoiced property and/or motor vehicles/boat in the custody of the Property Clerk Division must be changed: FOR PROPERTY THAT HAS BEEN INVOICED UTILIZING THE PROPERTY AND EVIDENCE TRACKING SYSTEM ASSIGNED INVESTIGATOR/INVOICING OFFICER 1. Utilize the "Request for Invoice Change of Category" function in the Property and Evidence Tracking System to complete a REQUEST FOR INVOICE CHANGE OF CATEGORY (PD521-167) when: a. CASE CLOSED/ARREST - The category of invoiced property must be changed from Investigatory or DNA Investigatory to Arrest Evidence or DNA Arrest Evidence in order for the Property Clerk to retain the evidence. b. CASE CLOSED/NO ARREST - The category of invoiced property must be changed from Investigatory evidence or DNA Investigatory evidence to Safekeeping. c. All other instances requiring a change to the category of invoiced property. 2. Complete a separate REQUEST FOR INVOICE CHANGE OF CATEGORY for each associated PROPERTY CLERK INVOICE. DESK OFFICER/SUPERVISOR, PROPERTY CLERK FACILITY CONCERNED 3. Review and digitally sign REQUEST FOR INVOICE CHANGE OF CATEGORY form approving or rejecting the change. FOR PROPERTY THAT HAS BEEN INVOICED PRIOR TO THE IMPLEMENTATION OF THE PROPERTY AND EVIDENCE TRACKING SYSTEM ASSIGNED INVESTIGATOR/INVOICING OFFICER 4. Prepare snap-out version of REQUEST FOR INVOICE CHANGE OF CATEGORY (PD521-167) when: a. CASE CLOSED/ARREST - The category of invoiced property must be changed from Investigatory or DNA Investigatory to Arrest Evidence or DNA Arrest Evidence in order for the Property Clerk to retain the evidence. (1) Include a printed "hard copy" of the ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159). b. CASE CLOSED/NO ARREST - The category of invoiced property must be changed from Investigatory evidence or DNA Investigatory evidence to Safekeeping. c. All property invoiced Property other instances requiring a change to the category of invoiced on a PROPERTY CLERK INVOICE (PD521-141) or a motor vehicle/boat on a PROPERTY CLERK INVOICE (PD521-141) previously forwarded to the Clerk Division. 5. Prepare a separate REQUEST FOR INVOICE CHANGE OF CATEGORY for each associated separate PROPERTY CLERK INVOICE. DETECTIVE BUREAU SUPERVISOR/DESK OFFICER 6. Confer with the assigned investigator and ensure the REQUEST FOR INVOICE CHANGE OF CATEGORY form was properly prepared and the new category is correct. 7. Review and sign REQUEST FOR INVOICE CHANGE OF CATEGORY form. ASSIGNED INVESTIGATOR/INVOICING OFFICER 8. Forward REQUEST FOR INVOICE CHANGE OF CATEGORY as follows: a. WHITE and YELLOW- Property Clerk Division (One Police Plaza, Room 208) b. BLUE - Assigned Investigator c. GREEN - District Attorney's Office d. PINK - Invoicing Officer e. BUFF - Arresting/Assigned Officer. 9. Immediately place "BLUE - Assigned Investigator" copy of the REQUEST FOR INVOICE CHANGE OF CATEGORY form in the case folder. PROPERTY CLERK DIVISION MEMBER 10. Assign/Record Property Clerk Division Communications number. 11. Forward "Yellow Copy" of REQUEST FOR INVOICE CHANGE OF CATEGORY to storage facility. 12. File "White Copy" of REQUEST FOR INVOICE CHANGE OF CATEGORY. PROPERTY CLERK STORAGE FACILITY MEMBER 13. File "Yellow" copy of REQUEST FOR INVOICE CHANGE OF CATEGORY with the "Yellow" copy of the PROPERTY CLERK INVOICE. 14. Stamp ORIGINAL "White" copy of the PROPERTY CLERK INVOICE with date and new category. 15. Determine if property/motor vehicle/boat is now eligible for disposal. ADDITIONAL DATA OPERATIONAL CONSIDERATIONS If a change of category is requested in regards to property invoiced on the snap-out version of the PROPERTY CLERK INVOICE and the property is still stored at the command, the original PROPERTY CLERK INVOICE will be voided and the property will be invoiced in the correct category utilizing the Property and Evidence Tracking System. The Property Clerk Division will dispose of invoiced property other than a vehicle that has been invoiced as Investigatory or DNA Investigatory, after one year and a vehicle after fifteen days from the date of invoice, except property/vehicles involved in homicide investigations, sexual offenses, arson/explosion investigations, members of the service or IAB cases. Members will comply with P.G. 218-55, "Retention of Invoiced Property" if retention of the property is required. FORMS AND REPORTS REQUEST FOR INVOICE CHANGE OF CATEGORY (PD521-167) ON LINE BOOKING SYSTEM ARREST WORKSHEET (PD244-159) PROPERTY CLERK INVOICE (PD521-141) RELATED PROCEDURES Return of Property/Vehicles at Command and Processing Voided Property Invoices (P.G. 218-02) Invoicing Vehicles/Property as Arrest/ Investigatory Evidence or for Forfeiture Proceedings or to Determine True Owner (P.G. 218-19) Retention of Invoiced Property (P.G. 218-55) Department Property P.G. 219-01 Inspection Of Department Vehicles Each Tour By Operator Date Effective: 08/01/13 PURPOSE To ensure that Department vehicles and assigned equipment are received in good, serviceable order. PROCEDURE At beginning of tour of duty when relieving previous operator: VEHICLE OPERATOR 1. Inspect vehicle to determine: a. Sufficient gasoline in tank and proper amount of oil in crank case b. Radiator is filled with water and antifreeze c. Brakes, lights, windshield wipers and warning devices are working properly d. Tires and spare are properly inflated e. Battery has sufficient water, if applicable f. Lug wrench and jack are in trunk g. Rechargeable flashlight in trunk is operable, if applicable h. Mobile Digital Terminal is operable, if applicable i. LoJack System is operable, if applicable j. Passenger area does not contain contraband, controlled substances, weapons or other property k. All seat belts are in proper working order l. E-Z Pass tag is affixed to center top area of windshield m. New York State inspection stickers (all Department vehicles) and New York State registration stickers (unmarked vehicles) are current and valid. 2. Inspect the following equipment assigned to vehicle: a. Blanket b. Four collapsible traffic cones c. Crime scene signs d. Fire extinguisher e. Life ring with rope attached (marked RMP's) f. Box of disposable gloves g. Crowbar h. Sledgehammer i. Three foot polycarbonate shield j. Safety flares (if assigned to vehicle) k. Patrol Kit (marked RMP's) l. Barrier tapes ("POLICE LINE DO NOT CROSS" and "CRIME SCENE DO NOT CROSS") m. First aid kit (marked/unmarked RMP's). NOTE: Commanding officers will arrange to use the Department issued engraving tool to mark each crow bar, sledge hammer, and polycarbonate shield with the command's designation and identifying serial number (e.g., 104 Pct 001). A record of the equipment, and the vehicle it is assigned to, including the E-Z pass serial number, will be maintained and referred to during weekly vehicle inspections. 3. Inspect the following records maintained including: a. INSPECTION AND EQUIPMENT RECORD (PD571-143) (1) Ensure serial number of E-Z Pass tag is recorded. b. RADIO REPAIR RECORD (PD547-141) c. RADIO CODE SIGNAL CARD (PD112-090A). NOTE: The vehicle assigned to the patrol supervisor must comply with requirements listed above and, in addition, be equipped with the following items: a. DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) b. Rapid Mobilization Plan Dispatch Schedule c. Command Disorder Control Plan d. Waterproof body covers (4) e. Restraining straps. 4. Enter in ACTIVITY LOG (PD112-145) a. Result of inspection b. Odometer reading c. Gas gauge reading. 5. Report condition of vehicle and equipment, including missing or damaged equipment or defective seatbelts, or indications of improper use of seatbelt (e.g. seatbelt buckled without occupant or behind seat), to patrol supervisor. 6. Verify that proper inspection and required entries have been made in ACTIVITY LOG. 7. Direct correction of minor deficiencies and follow-up to ensure compliance. 8. Enter results in ACTIVITY LOG. 9. Report serious deficiencies to lieutenant platoon commander or in his/her absence, direct to the commanding officer. 10. Report all vandalism to vehicle/equipment to the Internal Affairs Bureau. NOTE: In the event that a member of the service from another command borrows equipment, the identity of that member must be verified by the desk officer and appropriate Command Log entries made. RELATED PROCEDURE Weekly Inspection Of Department Vehicles By Patrol Supervisor (P.G. 219-02) FORMS AND REPORTS ACTIVITY LOG (PD112-145) DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) INSPECTION AND EQUIPMENT RECORD (PD571 -143) RADIO CODE SIGNAL CARD (PD112-090A) RADIO REPAIR RECORD (PD547-141) VEHICLE INSPECTION REPORT (PD571-153) P.G. 219-02 Weekly Inspection Of Department Vehicles Date Effective: 08/01/13 PURPOSE To ensure that Department vehicles, assigned equipment and related records are being maintained properly. PROCEDURE Each Sunday, after second platoon is posted, or at other times as directed by commanding officer: LIEUTENANT PLATOON COMMANDER/PATROL SUPERVISOR 1. Inspect each Department vehicle assigned to the command for: a. Serviceability b. Cleanliness and condition c. Accessories and equipment - check INSPECTION AND EQUIPMENT RECORD (PD571-143). d. Current and valid New York State inspection stickers (all Department vehicles) and New York State registration stickers (unmarked Department vehicles). e. Seatbelts - ensure that seatbelts are in proper working order and take corrective action when necessary. [I.O. 36 s 10] f. Visual Messaging Signs for operability. NOTE: Ensure E Z Pass tag assigned to vehicle is affixed to center top of windshield and the tag serial number is recorded on INSPECTION AND EQUIPMENT RECORD and VEHICLE INSPECTION REPORT (PD571-153). 2. Direct operator to correct minor deficiencies. a. Verify by appropriate follow-up inspection. 3. Complete VEHICLE INSPECTION REPORT (PD571-153) and submit to lieutenant platoon commander/desk officer to report results of inspection. NOTE: If the lieutenant platoon commander is unavailable, the duties described in steps 1, 2, and 3 above will be performed by the patrol supervisor. LIEUTENANT PLATOON COMMANDER/DESK OFFICER 4. Deliver VEHICLE INSPECTION REPORT to commanding officer for signature and file. 5. Direct Radio Motor Patrol operator to make appointment with service station concerned for vehicles requiring preventive maintenance and enter appointment on preventive maintenance sticker of vehicle. a. If operator is performing last day tour, lieutenant platoon commander/desk officer will attach note to second platoon roll call, directing the operator to make appointment when shop reopens. NOTE: If the lieutenant platoon commander is unavailable, the duties described in steps 4 and 5 above will be performed by the desk officer. 6. Report serious deficiencies to commanding officer. RELATED PROCEDURE Inspection Of Department Vehicles Each Tour By Operator (P.G. 219-01) FORMS AND REPORTS INSPECTION AND EQUIPMENT RECORD (PD571-143) P.G. 219-03 Repairs To Department Vehicles Date Effective: 08/01/13 PURPOSE To obtain replacement parts or repairs to Department vehicles. PROCEDURE When a Department vehicle requires repairs or replacement of parts, including tires and tubes: RMP OPERATOR 1. Notify desk officer/counterpart. 2. Call and make appointment as follows: a. Speedometer Testing Machine Station concerned for repairs or adjustment to speedometer. b. Borough Service Station for all other repairs and replacements -during business hours. c. Central Repair Shop for repairs and replacements - other than business hours. DESK OFFICER 3. Direct preparation of EMERGENCY REQUISITION (PD561-163). 4. Have Department vehicle operator deliver vehicle and EMERGENCY REQUISITION when required. RMP OPERATOR 5. Notify radio dispatcher, with appropriate radio code signal, when leaving and returning to command. ADDITIONAL DATA The Fleet Services Division provides a Roadside Repair Service, capable of making minor repairs on inoperative Department vehicles. Requests for roadside repair service will be made through Department Tow. A Department vehicle requiring repairs by an outside agency, either under service warranty or contractual agreement, will first be delivered to the Borough Service Station concerned for inspection and recording of type of repair needed. The vehicle will be returned to the Borough Service Station upon completion of repairs no later than the next business day. RELATED PROCEDURES Department Tow (P.G. 219-09) FORMS AND REPORTS EMERGENCY REQUISITION (PD561-163) P.G. 219-04 Washing Department Vehicles Date Effective: 08/01/13 PURPOSE To designate car wash vendors within commands and provide for a method of payment. DEFINITION DEPARTMENT VEHICLE - All Department vehicles, both marked and unmarked, assigned to various commands except patrol wagons, buses, trucks or vehicles used for duty of a confidential nature. PROCEDURE To provide for washing of Department vehicles: COMMANDING OFFICER 1. Solicit the required number of vendors as directed by the Quartermaster Section, prior to the beginning of the fiscal year. NOTE: The Office of the Comptroller has mandated that all such contracts be awarded based on competitive bidding. Therefore, when requested, all precinct commands will attempt to solicit the required number of bids from vendors. (Vendors solicited are not restricted to the boundaries of the precinct commands). The commanding officer/designee will personally visit each vendor to solicit the bids. 2. Direct the washing of Department vehicles, as needed. DESK OFFICER 3. Prepare CAR WASH AUTHORIZATION (PD171-051), specifying the type of vehicle (passenger, van, scooter) and Vehicle Number. a. Complete all other captions on form and sign. 4. Give original (white copy) and blue copy to operator of vehicle to be washed. 5. Duplicate (buff copy) remains in book. OPERATOR DEPARTMENT VEHICLE 6. Give original (white) and blue copy of CAR WASH AUTHORIZATION form to vendor upon completion of service. a. Make ACTIVITY LOG (PD112-145) entry of the CAR WASH and the location of the car wash. AUTHORIZATION number NOTE: Commands, other than precincts, will utilize vendors designated by precincts to wash Department vehicles. The CAR WASH AUTHORIZATION will be obtained from the desk officer, precinct in which the car wash is located, and the above steps complied with. Housing Bureau and Transit Bureau personnel will use the vendors designated by their own command and will obtain AUTHORIZATION slips from the desk officer of the PSA or District concerned. COMMANDING OFFICER 7. On the first of each month, direct a competent member of the service to pick up the original (white) copies of the CAR WASH AUTHORIZATION for the previous month from the vendor. a. Blue copy remains with the vendor for his records. PRECINCT CLERICAL MEMBER 8. Compare the original (white) CAR WASH AUTHORIZATION forms obtained from the vendor with the buff copies in the log to ensure all are accounted for. a. Indicate on the buff copy that the original copy has been received. 9. List all washes on EXPENSE REPORT (PD102-061) by vehicle type (passenger, van, scooter), number of washes, cost per wash, total amount to be paid to vendor, and grand total for all washes, for all types of vehicles, as illustrated below: Pass. Veh. Van Scooter # of washes # of washes # of washes cost per wash cost per wash cost per wash = = = cost cost cost _______ TOTAL $ 10. Forward the original (white) and blue copy of the EXPENSE REPORT to Audit and Accounts Unit, with the original CAR WASH AUTHORIZATIONS attached. NOTE: EXPENSE REPORTS will be forwarded to the Audit and Accounts Unit by the 10th day of each month. 11. File "Command File" copy of EXPENSE REPORT. ADDITIONAL DATA If a change in the authorized vendor is required, due to unforeseen circumstances, a request must be forwarded to the Chief of Patrol, through channels, indicating the reason for the change and the recommended vendor to be utilized. The use of an unauthorized vendor is strictly prohibited. FORMS AND REPORTS CAR WASH AUTHORIZATION (PD171-051) EXPENSE REPORT (PD102-061) P.G. 219-05 Tire Repairs - Except Motorcycles Date Effective: 08/01/13 PURPOSE To have tires for Department vehicles, except motorcycles, repaired quickly. PROCEDURE If a tire from a Department vehicle requires repair: DEPARTMENT OPERATOR 1. Deliver tire and wheel to Authorized Tire Repair Station designated by commanding officer. 2. Obtain blue copy of TIRE REPAIR VOUCHER (PD571-061) prepared and signed by repair station representative, as receipt. 3. Return blue copy of VOUCHER to tire repair station representative after tire repaired. a. When a tire is removed from rim and cannot be repaired, the only charge to be entered on the VOUCHER will be for removal of the tire. 4. Verify that charges listed on VOUCHER, after repairs, are completed and correct. 5. Sign white and yellow copies of VOUCHER: a. Obtain white (original) copy b. Yellow copy remains at tire repair station as a record of work performed. 6. Deliver white copy of VOUCHER to desk officer of command to which vehicle is assigned. 7. Enter tire repair information on VEHICLE REPORT (PD571-146). DESK OFFICER 8. Verify entries on VOUCHER, sign and file. 9. Forward VOUCHER to patrol precinct in which Tire Repair Station is located, if necessary. ADDITIONAL DATA When an Authorized Tire Repair Station requires a new VOUCHER pad, the desk officer will issue the new pad and enter in the Command Log the first and last serial number of the new pad and the pad being returned. The returned VOUCHER pad will be destroyed. FORMS AND REPORTS TIRE REPAIR VOUCHER (PD571-061) VEHICLE REPORT (PD571-146) P.G. 219-06 Tire Replacement On Department Vehicles Date Effective: 08/01/13 PURPOSE To have tires on Department vehicles replaced quickly. PROCEDURE When necessary to replace a tire on a Department vehicle: VEHICLE OPERATOR 1. Telephone service station where vehicle is normally serviced to arrange for tire replacement. 2. Present tire at shop for replacement. a. Tires are replaced on a one for one basis. b. Lost or stolen tires will be replaced only upon receipt of COMPLAINT REPORT (PD313-152) or Typed Letterhead, signed by commanding officer. 3. Complete and sign part "A" of TIRE EXCHANGE RECORD (PD561-144). 4. Pick up tire and Tire Replacement on Department Vehicles (Misc. 3991) form. 5. Deliver tire to designated authorized tire repair station to be mounted on vehicle. 6. Obtain blue copy of TIRE REPAIR VOUCHER (PD571-061) prepared and signed by tire repair station representative, as receipt. 7. Verify, after work is completed, that charge listed on VOUCHER is for mounting tire only. 8. Return blue copy of TIRE REPAIR VOUCHER to tire repair station representative. 9. Sign original and triplicate copy of TIRE REPAIR VOUCHER. a. Retain original (white) copy b. Yellow copy retained by repair station as record of work performed. 10. Deliver original TIRE REPAIR VOUCHER and Tire Replacement on Department Vehicles to desk officer of command to which vehicle is assigned. DESK OFFICER 11. Verify entries on TIRE REPAIR VOUCHER and that tire has been mounted on vehicle. a. Sign and make photocopy of TIRE REPAIR VOUCHER. 12. File original TIRE REPAIR VOUCHER. a. Forward original TIRE REPAIR VOUCHER to precinct in which authorized tire repair station is located, if necessary. 13. Forward Tire Replacement on Department Vehicles and copy of TIRE REPAIR VOUCHER to commanding officer. COMMANDING OFFICER 14. Ensure that tire has been mounted. 15. Sign Tire Replacement on Department Vehicles. 16. Have Tire Replacement on Department Vehicles and copy of vendor's TIRE REPAIR VOUCHER filed in command. ADDITIONAL DATA It is the responsibility of each commanding officer to ensure that tires issued are mounted and that each Tire Replacement on Department Vehicles form is completed and filed in the command. FORMS AND REPORTS COMPLAINT REPORT (PD313-152) TIRE EXCHANGE RECORD (PD561-144) TIRE REPAIR VOUCHER (PD571-061) Typed Letterhead Tire Replacement On Department Vehicles (Misc. 3991) P.G. 219-07 Authorized Tire Repair Stations - Removal From List Date Effective: 08/01/13 PURPOSE To facilitate requests for removal from the list of Authorized Tire Repair Stations. PROCEDURE When the owner or agent of an Authorized Tire Repair Station personally requests removal from the Authorized Tire Repair Station list: DESK OFFICER 1. Require return of all TIRE REPAIR VOUCHER (PD571-061) pads. 2. Request two copies of statement of charges due for current month. 3. Prepare report indicating: a. Name of owner or agent requesting termination b. Location of station c. First and last serial number in each TIRE REPAIR VOUCHER pad returned d. First unused serial number in each returned pad. 4. File pads for reissue. COMMANDING OFFICER 5. Process statement of charges due. 6. Submit report to Chief of Department, direct, requesting that station be removed from list of Authorized Tire Repair Stations. FORMS AND REPORTS TIRE REPAIR VOUCHER (PD571-061) P.G. 219-08 Tire Chains Date Effective: 08/01/13 PURPOSE To stock an adequate supply of tire chains during the winter months. PROCEDURE Between November 1st and November 15th, each year: COMMANDING OFFICER 1. Direct that each Department vehicle housed or assigned to command be provided with a set of tire chains. 2. Requisition a reserve supply of chains, one set for each vehicle. 3. Store chains until needed. NOTE: Tire chains are NOT to be installed on vehicles until more than four inches of snow has accumulated. When less than four inches of snow has fallen, or extenuating circumstances exist, the commanding officer, lieutenant platoon commander or patrol supervisor may determine if chains should be used. Chains must NOT be mounted on front wheel drive vehicles. VEHICLE OPERATOR 4. Return broken tire chains to desk officer and obtain replacement chains from command reserve supply. NOTE: Tire chains will be removed when conditions requiring their use have ended. If chains break while installed or any cross-links are broken, they must be removed immediately to avert potential safety hazards and/or possible damage to vehicle. COMMANDING OFFICER 5. Direct that an EMERGENCY REQUISITION (PD561-163) be prepared and forwarded, with the broken chains, to the Fleet Services Division, so that the reserve supply of chains at the command is replenished. ADDITIONAL DATA Tire chains may be installed on, and removed from, Department vehicles at authorized tire repair stations. The operator of the Department vehicle will ascertain that the fee entered on the TIRE REPAIR VOUCHER (PD571-061), for the installation or removal, is the same as the fee charged for the repair of the tire. RELATED PROCEDURES Tire Repairs Except Motorcycles (P.G. 219-05) Tire Replacement On Department Vehicles (P.G. 219-06) Authorized Tire Repair Stations Removal From List (P.G. 219-07) FORMS AND REPORTS EMERGENCY REQUISITION (PD561-163) TIRE VOUCHER (PD571-061) P.G. 219-09 Department Tow Date Effective: 08/01/13 PURPOSE To limit requests for a Department tow truck. PROCEDURE When a uniformed member of the service requires a Department tow truck: UNIFORMED MEMBER OF THE SERVICE 1. Be sure that tow truck will be used only for one of following: a. Department vehicle unable to operate under own power b. Vehicle is required as evidence or abandoned on public highway, except derelict vehicles c. Vehicle is in path of parade, gatherings or emergencies d. Assist Emergency Service Unit e. To lift heavy articles (safe, boat, etc.). 2. Telephone Department Tow Section at (718) 643-8727/8728. 3. Remain at scene to safeguard Department vehicles or vehicles required as evidence. a. Take reasonable precautions, in other cases, to safeguard vehicle before leaving scene. ADDITIONAL DATA When need for Department tow service is eliminated prior to arrival of tow truck, promptly notify Fleet Services Division to cancel request for service. P.G. 219-10 Unmarked Department Vehicle Utilization Record Date Effective: 08-19-13 PURPOSE To record daily usage of unmarked Department vehicles. DEFINITIONS GENERAL PURPOSE VEHICLE - Unmarked Department vehicles, including taxicabs, vans and trucks used for patrol, investigations, peddler enforcement, administrative and supervisory functions. SPECIAL PURPOSE VEHICLE - Unmarked Department vehicles used for special "stakeouts", undercover use, i.e., "flash cars", photographic surveillance vans and other vehicles not deemed appropriate for general use. CATEGORY 1 VEHICLE - Unmarked Department vehicles not required to be stored at a Department facility. Category 1 vehicles are excluded from the provisions of this procedure. PROCEDURE When unmarked Department vehicles are assigned to commands: COMMANDING OFFICER 1. Direct that a separate UNMARKED VEHICLE UTILIZATION RECORD (PD571-1413) be maintained for each vehicle assigned. DESIGNATED MEMBER OF THE SERVICE 2. Complete captioned entries in UNMARKED VEHICLE UTILIZATION RECORD each day whether vehicles are utilized or not. 3. Use the "Remarks" column to record information of interest to relieving crews and other data deemed appropriate. 4. Indicate under "Reason Inactive" column why vehicle was not utilized by using the following abbreviations: a. O.S.C. - Out of Service - Collision b. O.S.M. - Out of Service - Mechanical c. O.S.R. - Out of Service - Radio d. I.P. - Insufficient Personnel e. Loan to - Vehicle temporarily assigned to command/unit. SUPERVISOR 5. Verify the twenty-four hour total usage by initialing the appropriate column in the UNMARKED VEHICLE UTILIZATION RECORD. ADDITIONAL DATA Bureau chiefs may designate those vehicles under their control for use as Special Purpose Vehicles. The need for such vehicles is determined by the police mission to be accomplished and is independent of hours used or mileage accrued. FORMS AND REPORTS UNMARKED VEHICLE UTILIZATION RECORD (PD571-1413) P.G. 219-11 Computerized Gas And Oil Dispensing System Date Effective: 08/01/13 PURPOSE To automatically record gasoline/oil dispensed at Department fueling sites. DEFINITIONS OPERATOR CARD - (WHITE) - Issued to qualified members of the service who have been qualified to operate Department vehicles and who may dispense gas/oil. VEHICLE CARD (BLUE) - Assigned to and kept in each Department vehicle. The card identifies the specific vehicle to which assigned. PRIVATE VEHICLE CARD (RED) - Kept at each Department fuel dispensing station for use in conjunction with the Operator's Card to obtain fuel and/or oil for authorized private vehicles, including Department ambulance. MASTER CARD (GREEN) - Kept at each Department fuel dispensing facility for use in conjunction with an Operator's Card to: (1) Permit refueling of Department vehicle when Vehicle Card is lost, misplaced or damaged (2) Provide fuel for small machinery without a vehicle identification number, i.e., snow blower, etc. PROCEDURE When a Department vehicle requires gas/oil: MEMBER OF THE SERVICE 1. Proceed to fuel dispensing facility. 2. View LED screen to ascertain if the system is operational. NOTE: If system is not operational, notify supervisor at dispensing facility and the Fuel Control Center (718-476-7524). TO OBTAIN GASOLINE FOR DEPARTMENT VEHICLES OR AUTHORIZED PRIVATE VEHICLES: 3. Have Operator Card, either Vehicle Card or Private Vehicle Card, as appropriate, and odometer reading available. 4. Insert Operator Card firmly in card entry slot (magnetic tape MUST face down) and swipe through slot. 5. Use key pad to indicate pump number. 6. Use key pad to enter odometer reading. 7. Enter entire social security number when fueling authorized private vehicle or Department rental/leased auto. 8. Insert Vehicle Card or Private Vehicle Card, as appropriate, in the card entry slot and remove smartly. OBTAINING GASOLINE FOR DEPARTMENT MACHINERY WITHOUT IDENTIFICATION NUMBERS OR WHEN VEHICLE CARD IS LOST OR DAMAGED: 9. Have Operator Card and Master Card available. 10. Use key pad to enter data as requested by LED prompt. a. Department vehicle (patrolwagon, truck, etc.) - No Vehicle Card or card lost/damaged - enter 00 plus four digit vehicle identification number. b. Department scooter - enter 009 plus three digit identification number. c. Auxiliary police vehicles - enter 0088 plus two digit identification number. d. Motorcycles - enter 0089 plus two digit identification number. e. Equipment without identification numbers - enter 00 plus 9999. 11. Swipe "Master Card" in card entry slot and remove smartly. 12. Use keypad to select pump number. a. Wait for LED screen to indicate that pump is ready. 13. Activate pump lever to obtain fuel. NOTE: If refueling does not commence without delay, the system will shut down and the procedure to obtain fuel must be repeated. ADDITIONAL DATA If a member of the service (uniformed or civilian) loses, misplaces or damages a computerized Operator's Card or Vehicle Card, the member must immediately notify the Fuel Control Center (718-476-7524) so that the cards may be immediately invalidated. The Fuel Control Center will issue a replacement card for the lost/damaged card. If the Fuel Control computer breaks down, communicate with the Fuel Control Center for instructions concerning a manual override procedure to insure continued availability of fuel. If a uniformed member of the service, who obtains gas/oil for his private vehicle at a Department dispensing facility, is transferred, the Fuel Control Center will automatically revoke authorization to obtain fuel. To reinstate fueling privileges, the member concerned must submit REQUEST FOR AUTHORIZATION PRIVATE VEHICLE (PD471-160) to his commanding officer for approval. GASOLINE DISPENSED TO AUTHORIZED PRIVATE VEHICLES PRINTOUT: The printout includes the date, time, fueling location, amount of gasoline dispensed and the member concerned by name and social security number. A sample of the printout is shown below with code data which will provide a comprehensive explanation of the information on the printout: NYCPD (2) SMITH (4) 8094 PRIVATE VEHICLE FUELING (1) REPORTS FOR COMMAND 1 J. SS (5) 05 (6) 07/27 11-45 08/12/92 PAGE 1 (3) 123-45-6789 (7) 13-43 (8) (9) (10) (11) CD 123 S 7 T1 (12) F2 (13) P1 GO15.0 (14) OC 1 (15) SS 123-45-6789 (16) GALLONS ISSUED 15.0 (17) TOTAL GALLONS ISSUED THIS REPORT 15.0 REPORT COMPLETE CODE DATA ___________________________________________________________________________ 1. Numeric Command Code 10. Tank Number ___________________________________________________________________________ 2. Operator's Name and Initial 11. Fuel Type F 1 = Leaded; F 2 = Unleaded ___________________________________________________________________________ 3. Operator's Social Security Number 12. Pump Number ___________________________________________________________________________ 4. Transaction Sequence Number 13. Gallons Pumped This Transaction ___________________________________________________________________________ 5. Transaction Type: 05 = Private 14. Operator's Command Code Vehicle Fueling ___________________________________________________________________________ 6. Date 15. Operator's Social Security Number ___________________________________________________________________________ 16. Total Gallons This Reporting Period ___________________________________________________________________________ ADDITIONAL DATA This data will be compared to entries made by members of the service in the Vehicle Identification Plate/Private Vehicle Use Log to enhance the integrity of the fuel dispensing system. RELATED PROCEDURES Delivery Of Gasoline To Fuel Dispensing Stations (P.G. 219-12) FORMS AND REPORTS REQUEST FOR AUTHORIZATION - PRIVATE VEHICLE (PD471-160) P.G. 219-12 Delivery Of Gasoline To Fuel Dispensing Stations Date Effective: 08/01/13 PURPOSE To determine the amount of fuel on hand prior to, and after the delivery of, gasoline to a Department fuel dispensing facility. PROCEDURE When an employee of a fuel company arrives at a Department fuel dispensing facility to deliver gasoline. DESK OFFICER 1. Assign member of the service to supervise fuel delivery. NOTE: The person assigned to security at those Department facilities other than precincts, e.g., Outdoor Range, Central Repair Shop, Police Headquarters, Street Crime Unit, etc., that dispense fuel, will perform the duties designated to be performed by the desk officer throughout this procedure. ASSIGNED MEMBER 2. Determine amount of gasoline in storage tank by using the electronic tank monitor (TLS 350), which is located at the desk area in most commands with fuel tanks. 3. Press appropriate button on electronic tank monitor (TLS 350) and advise the delivery driver of the ninety percent (90%) ullage amount. (This is the amount that can safely be added to the storage tank.) 4. Ascertain meter reading on gasoline vendor's truck prior to pumping fuel into storage tank. a. Inspect and initial blank vending invoice prior to delivery of gasoline. b. Verify the same invoice is returned after completion of delivery. NOTE: Amount of gasoline is determined from the meter on the vendor's truck. Assigned member must ensure that the meter is reset to zero before pumping commences. If vendor is on-site and delivery cannot be made, a uniformed member of the service in the rank of sergeant or above must sign the vending invoice stating that the tank was full, or the tank was blocked by another vehicle (indicate vehicle plate number), or that no keys were available to unlock storage tank. 5. Use the electronic tank monitor (TLS 350) to verify delivery amount. a. Press print button and verify new volume (storage balance) the delivery amount. 6. Report delivery amounts to desk officer/counterpart. DESK OFFICER reflects 7. Enter in Command Log the following information concerning receipt of fuel: a. Amount of gasoline received b. Invoice number (verify that vendor's invoice was initialed by assigned member) c. Vendor's name d. Name of member of the service verifying receipt. 8. Notify Fuel Control Unit (telephone [718] 476-7524) of the delivery reading and number of gallons delivered by vendor. NOTE: To eliminate an unnecessary shut down, it is imperative that Fuel Control Center be notified as soon as delivery has been completed. 9. Forward one copy of Vendor's Invoice to Audit and Accounts Section on day after receipt of gasoline. a. File remaining copy of Invoice. ADDITIONAL DATA The Computerized Fuel System is programmed to shut down fuel pumps at a dispensing facility when the level of fuel, as determined by the computer, reaches a predetermined cut off point. Gasoline is ordered automatically by Fuel Control Center personnel. However, engine oil must be monitored by fuel dispensing facility personnel and reordered from the Fleet Services Division when necessary. [REV 05-02] Commanding officers of commands that are equipped with Department fueling sites will have a sensor report generated each month to comply with federal leak detection requirements under 40 C.F.R. 280.40. The electronic tank monitor (Veeder-Root TLS 350) will be used to conduct this test. Members concerned will press the print button to generate a sensor and inventory report. The member will then attach the report to the page in the assigned logbook, which will be subject to inspection by the Environmental Protection Agency. If tank monitor is malfunctioning and will not print a report, or is out of paper, commands will notify the Fuel Control Unit at (718) 476-7524. The Fuel Control Unit will be responsible to repair the tank monitor. RELATED PROCEDURES Computerized Fuel System Obtaining Gas And Oil (P.G. 219-11) P.G. 219-13 Delivery Of Heating Oil Date Effective: 08/01/13 PURPOSE To monitor delivery of heating oil to a Department facility and to verify the accuracy of the quantity of heating oil delivered. PROCEDURE When ordering heating oil and processing receipts: COMMANDING OFFICER 1. Designate a member of the service (uniformed or civilian) to order heating oil from appropriate vendor. DESIGNATED MEMBER OF THE SERVICE 2. Order heating oil from appropriate vendor. a. Direct vendor to report to desk officer/supervisor concerned upon arrival at Department facility, prior to pumping heating oil. b. Make an entry in the command's Telephone Record indicating that the above instructions were relayed to the vendor's order clerk who accepted the order. DESK OFFICER 3. Assign a member of the service (uniformed or civilian) to be present during, and supervise, the actual delivery and pumping operation. ASSIGNED MEMBER OF THE SERVICE 4. Verify that the vendor delivery ticket has been signed by a Department of Citywide Administrative Services (D.C.A.S.) inspector prior to the commencement of pumping operations. a. If the ticket has not been signed by a D.C.A.S. inspector DO NOT ACCEPT DELIVERY. NOTE: In commands accepting delivery of #4 or #6 oil, the member of the service assigned to supervise the pumping will verify that the vendor has a vendor delivery ticket and a Department of Citywide Administrative Services certificate. In these cases, however, it is the Department of Citywide Administrative Services certificate, which MUST be signed. If this certificate is not signed by a Department of Citywide Administrative Services Inspector, DO NOT ACCEPT DELIVERY. 5. Ensure that the meter on the delivery truck had been reset to zero prior to the insertion of the vendor delivery ticket into the meter. 6. Verify, upon completion of the pumping operation, that the total gallons delivered (as indicated on the meter) equal the quantity recorded on the vendor delivery ticket. a. Commands receiving #4 and #6 heating oil will also verify the amount delivered on the D.C.A.S. certificate. 7. Verify amount of oil delivered by printing NAME and TAX REGISTRY NUMBER or the D.C.A.S. certificate and/or the vendor delivery ticket and signing name. 8. Present the D.C.A.S. certificate and/or the vendor delivery ticket to the desk officer/supervisor. 9. Notify desk officer/supervisor of the amount of heating oil delivered. DESK OFFICER 10. Verify that the D.C.A.S. certificate and/or the vendor delivery ticket were signed by the member of the service assigned and the amount reported in step #9 reflects the amount indicated on the certificate/ticket. 11. Make a Command Log entry including the following information: a. Amount of heating oil delivered b. Indication of receipt of D.C.A.S. certificate and/or vendor delivery ticket. c. Vendor's name and truck number d. Identity of member of the service who supervised delivery. NOTE: In commands that do not maintain a Command Log, these entries will be made in the Telephone Record. 12. Make a duplicate copy of the vendor delivery ticket and place in file maintained at command. a. Forward vendor delivery ticket to the Audit and Accounts Unit with the next Department mail. NOTE: Commands accepting delivery of #4 and #6 oil will attach the "Department" copy of the D.C.A.S. certificate to the vendor delivery ticket and forward both to the Audit and Accounts Unit. The "Agency" copy of the D.C.A.S. certificate will be attached to the duplicate copy of the vendor delivery ticket and filed at the command. RELATED PROCEDURE Delivery Of Gasoline To Fuel Dispensing Stations (P.G. 219-12) P.G. 219-14 Department Computer Systems Date Effective: 08/01/13 PURPOSE To maintain the integrity and security of the Department's computer systems and to minimize the potential for misuse by anonymous, unauthorized access to available data. PROCEDURE To utilize Department computer systems in a command and/or a Department vehicle. MEMBER OF THE SERVICE 1. Sign-on the system utilizing the member's confidential password. 2. Make only official inquires, which relate to official business of the Department. 3. Do not divulge any information obtained from the system, except for valid law enforcement purpose. 4. Sign-off the system upon completion of its use or whenever unable to safeguard, even for a brief period of time. 5. Notify desk officer/designated supervisor or integrity control officer of any misuse or if personal password has been compromised in any way. NOTE: Members of the service signed on to a Department computer system will be held strictly accountable for all entries on that system during the period they are signed on. DESK OFFICER/DESIGNATED SUPERVISOR 6. Inspect all areas containing Department computer systems at least once each tour and ensure that all systems are being used within Department guidelines and are not damaged in any way. 7. Take immediate action to correct condition if any misuse or damage found and notify commanding officer and integrity control officer. 8. Record results in Command Log. NOTE: The desk officer/designated supervisor will notify the MISD Help Desk at (212) 374-3800 (24 hours) to report inoperable or malfunctioning computer equipment (except mobile digital terminals) and notify Fleet Services Division at (718) 476-7511 to report inoperable or malfunctioning mobile digital terminals. The above notifications will be entered in the Telephone Record. PATROL SUPERVISOR/DESIGNATED SUPERVISOR 9. Inspect frequently all Mobile Data Terminals (MDTs) assigned to the command to ensure that the MDTs are being used within Department guidelines and are not damaged in any way. 10. Take immediate action to correct condition if any misuse or damage found and notify commanding officer and integrity control officer. a. Record notifications in ACTIVITY LOG (PD112-145). NOTE: Use of the Free Form Function on the MDT system is for official Department use only. Unofficial transmissions will not be sent. INTEGRITY CONTROL OFFICER 11. Be responsible for computer equipment and data security for all computer systems assigned to command. 12. Be responsible for and maintain the security and integrity of all official Department recorded media or recorded media coming into possession of the Department as evidence or for investigative purposes (e.g., videotape, photographic images or pictures, audio recordings, electronic or internet files, etc.). NOTE: In regards to investigative units, the duties of the integrity control officer as stated in step 12, will be the sole responsibility of the commanding officer. 13. Establish and maintain a list of all passwords issued to members of the command. a. Maintain confidentiality of passwords of all authorized users and obtain new passwords, when necessary. 14. Maintain effective operational performance by establishing the number of necessary authorized users for the command. 15. Ensure all authorized users of the command understand and comply with computer security guidelines. 16. Frequently observe all areas and Department vehicles with computer equipment and ensure security guidelines are complied with. 17. Investigate any circumstances or conditions which may indicate abuse of the computer system(s). 18. Maintain sign-on tables and issue passwords for the following systems: a. On-Line Booking System (OLBS) b. Booking Arraignment Disposition System (BADS) c. Local Arrest Processing System (LAPS) d. Special Police Response Inquiry Network (SPRINT) e. Repeat Calls for Service Analysis (SPIA). ADDITIONAL DATA DEPARTMENT COMPUTER USE POLICY AND MONITORING NOTICE All members of the service are advised that all Police Department computer systems and equipment are intended for the purposes of conducting official Department business only. Use of Department computer systems for personal or non-Department business matters is strictly prohibited and individuals who are found in violation of this policy are notified that they will be subject to disciplinary action. In addition, use of Department computer systems to disseminate derogatory or discriminatory material is strictly prohibited. All members of the service are hereby notified that the Department reserves and will exercise the right to review, intercept, access and disclose all material on the Department's computer systems at any time, including e-mail communications, with or without notice to the member of the service concerned. These policies are established to ensure that users of Department computer systems and equipment maintain Department standards of professionalism and integrity. Commanding officers are responsible for the security and proper utilization of computer equipment within their commands. Commands that are not operational on a 24-hour basis will ensure that when the command is closed, ALL Department computer systems are secured. In addition, commanding officers will be familiar with Administrative Guide 325-35, "Department Computer Use Policy And Monitoring Notice." Requests for focused audits of computer terminal activity from the Internal Affairs Bureau, commanding officers, integrity control officers, investigations unit, etc., must be prepared on Typed Letterhead, and addressed to the Commanding Officer Management Information Systems Division (M.I.S.D.) at 1 Police Plaza, Room 700. Focused audits may include various criteria such as a member of the service's password, tax registry number, sign-on/sign-off time, license plate/VIN check etc., that was performed during a particular time period. FORMS AND REPORTS ACTIVITY LOG (PD112-145) Type Letterhead P.G. 219-15 Portable Radio Transceivers Date Effective: 10-16-13 PURPOSE To account for portable radios assigned to commands. PROCEDURE When portable radios are assigned to command: COMMANDING OFFICER 1. Have desk officer/ranking officer account for portable radios each tour. 2. Designate a secure area within the muster room/desk area and under the control of the desk officer/ranking officer for storage of radios not being used. 3. Maintain portable radio record utilizing the following forms: a. RADIO ASSIGNMENT LOG (PD647-141) b. Radio Identification Record (Misc. 249) (1) Complete prior to opening portable radio record and staple on inside front cover of RADIO ASSIGNMENT LOG. c. Defective Radios (Misc. 250) (1) Complete appropriate captions prior to opening portable radio record and staple on inside rear cover of RADIO ASSIGNMENT LOG. 4. Have members instructed periodically in proper distribution, care, use and safeguarding of radios. 5. Have radios sustaining major damage, delivered with all parts, and a copy of report, through channels, to Commanding Officer, Electronics Section. 6. Forward report to Commanding Officer, Electronics Section and Commanding Officer, Operations Unit, Office of the Chief of Department, without delay, if radio is permanently transferred to another command. a. Review Department records quarterly, to determine if any radios have been assigned on a permanent basis from your command. Confer with command integrity control officer, Intelligence Bureau and any other outside agency to determine the necessity of continuance of such assignment. NOTE: Commands are not authorized to transfer radios to other commands. All radio reassignments must be approved by the Commanding Officer, Communications Section. UNIFORMED MEMBER OF THE SERVICE 7. Replace batteries at beginning of tour. a. Keep used batteries in battery charger until indicator light turns green. b. Deliver defective batteries to the Electronics Section. Up to fifteen batteries will be replaced at one time. 8. Issue radios to members of outgoing platoon on priority basis as established by commanding officer. 9. Enter required information in RADIO ASSIGNMENT LOG. 10. Enter radio inventory in Recapitulation Section of RADIO ASSIGNMENT LOG, following last entry concerning outgoing platoon each tour. 11. Account for and examine each radio, antenna, battery and radio case returned at conclusion of previous tour. a. Prepare COMPLAINT REPORT (PD313-152) with Internal Affairs Bureau log number and report facts to commanding officer if radio is lost or stolen. b. Prepare COMPLAINT REPORT with Internal Affairs Bureau log number and report facts to commanding officer for missing antennas, batteries or radio cases. c. Report damage or missing parts to commanding officer. WHEN RADIO HAS BEEN DAMAGED: COMMANDING OFFICER 12. Investigate circumstances. 13. Take appropriate action (instruction, Command Discipline and/or Charges and Specifications) if damage is attributable to individual carelessness, misuse, or abuse. 14. Prepare report on Typed Letterhead to borough commander/counterpart including: a. Circumstances leading to damage of radio b. Whether damage caused by carelessness, misuse or abuse c. Corrective action taken. 15. Forward report, as follows: a. Original - Borough commander/counterpart b. Copy - Commanding Officer, Communications Section, through channels c. Copy - Electronics Section (WITH RADIO) d. Copy - file. WHEN RADIO IS DEFECTIVE: UNIFORMED MEMBER OF THE SERVICE 16. Re-check radio with freshly charged battery. 17. Prepare and attach radio repair ticket, including brief description of malfunction. 18. Deliver defective radio with tag to the Electronics Section, as soon as possible. a. Remove radio antenna, battery and speaker microphone from radio before delivering radio for repair and safeguard at command. NOTE: Do not store defective radios at the command. The Electronics Section will not accept more than ten defective radios at a time. When radio antennas, cases or chargers are defective, notify Electronics Section stock room at (718) 476-7561 and comply with instructions given. 19. Make appropriate entry on Defective Radios form. 20. Telephone the Electronics Section within four weeks to determine it the radio has been repaired. DESK/RANKING OFFICER 21. Assign member to report to the Electronics Section to pick up repaired radio. 22. Enter date and signature on Defective Radio form when radio is returned and make Command Log entry indicating serial numbers of all radios returned to command. NOTE: All members of the service reporting to the Electronics Section in uniform or civilian attire must sign in at the security office. A shield and IDENTIFICATION CARD (PD416-091) must be presented when picking up or removing Department property. WHEN RADIO IS LOST, STOLEN OR RECOVERED: 23. Notify Operations Unit and obtain serial number for inclusion in commanding officer's report to the bureau chief concerned. 24. Notify Electronics Section, Security Desk at (718) 476-7560 and provide Operations Unit serial number and obtain Electronics Section serial number. 25. Notify Internal Affairs Bureau, Command Center and obtain log number to be entered under "Details" on COMPLAINT REPORT. 26. Notify Stolen Property Inquiry Section (Alarm Board) of radio number. 27. Notify patrol borough concerned, and advise of COMPLAINT REPORT number, Operations Unit number, Electronics Section number and Internal Affairs Bureau log number, if radio assigned to a patrol precinct/borough task force member. COMMANDING OFFICER 28. Investigate circumstances of loss, theft or recovery of radio. 29. Have COMPLAINT REPORT prepared for lost/stolen radio and COMPLAINT FOLLOW-UP (PD313-081) prepared for recovered radio. a. Indicate under appropriate caption that duplicate copies are to be forwarded to Internal Affairs Bureau, bureau command, and patrol/detective borough command. PRECINCT DETECTIVE SQUAD COMMANDING OFFICER 30. Examine COMPLAINT REPORTS prepared, including those reports referred to the precinct squad, concerning the loss or theft of Department radios. 31. Notify Commanding Officer, Major Case Squad of loss/theft of radio by telephone and forward a duplicate copy of the COMPLAINT REPORT or COMPLAINT FOLLOW-UP, as appropriate, with a report on Typed Letterhead. COMMANDING OFFICER 32. Enter explanation and COMPLAINT REPORT serial number under "Remarks" in Radio Identification Record. 33. Prepare report, including circumstances of loss or theft, COMPLAINT REPORT serial number, and determination by investigating officer whether disciplinary action is appropriate. a. Loss of a portable radio by a member of the service assigned to patrol in uniform shall be deemed negligence when the radio was not carried in the authorized carrying case. NOTE: Where warranted, proposed disciplinary action will be indicated in the report as a RECOMMENDATION. HOWEVER, the disciplinary action will be held in abeyance until APPROVED, by the bureau chief concerned, via return endorsement on the original report. Within the Patrol Services Bureau, Housing Bureau or Transit Bureau, the Borough Commander or Commanding Officer, Special Operations Division, as appropriate, will act upon the disciplinary action recommendation and will expeditiously forward a copy of the endorsed report to the Chief of Patrol, via the Investigation and Evaluation Section. 36. Forward report as follows: a. Original - Bureau Chief concerned, through channels b. Copy - Chief of Department, DIRECT c. Copy - Commanding Officer, Communications Section, through channels d. Internal Affairs Bureau e. Copy - Command file. BUREAU CHIEF CONCERNED 37. APPROVE/DISAPPROVE recommended disciplinary action by return endorsement on original report, except in cases involving the Patrol Services Bureau. COMMANDING OFFICER 38. Forward copy of final disposition of disciplinary action taken to the Chief of Department. INTEGRITY CONTROL OFFICER 39. Review Department records monthly pertaining to Department radios assigned to command. a. Ensure Department radios are being maintained and are accounted for. 40. Identify Department radios assigned on a permanent basis from command. a. Confer with commanding officer pertaining to the necessity of such radios being assigned on permanent basis. ADDITIONAL DATA All commands are required to maintain a portable radio record and arrange for expeditious delivery of defective radios to Electronics Section and pickup when repaired. A commanding officer may, when necessary, establish additional procedures to account for and safeguard portable radios. For example, when a member of the service from an outside command borrows a portable radio, the identity of the member must be verified by the desk officer and appropriate command blotter entries made. Department vehicles with defective radios that require repair will be brought to the Electronics Section between 0700 X 1500 hours, seven days a week. A limited number of personnel will be performing duty between 1500 and 2400 hours for EMERGENCY repairs only. Any unit wishing to procure personal portable radios for their particular unit using Department funds must obtain written approval from the Commanding Officer, Communications Division. All procurements will be effected through the Electronics Section to ensure that the Department's stringent specifications are met. All radios will be engraved "NYPD" and a Department serial number for accountability purposes. RELATED PROCEDURE Loss Or Theft Of Department Property (P.G. 219-20) FORMS AND REPORTS COMPLAINT FOLLOW-UP (PD313-081) COMPLAINT REPORT (PD313-152) RADIO ASSIGNMENT LOG (PD647-141) ROLL CALL (PD406-144) Defective Radios (Misc. 250) Radio Identification Record (Misc.249) Typed Letterhead P.G. 219-16 Use And Maintenance Of Polaroid Cameras Date Effective: 07-01-14 I.O. 17 Dated 07-01-14 Revoked P.G. 219-16 P.G. 219-17 Use of Patrol Kits Date Effective: 08/01/13 PURPOSE To provide instructions to members of the service in the proper maintenance, utilization, and disposal of Patrol Kit items. SCOPE A Patrol Kit is a collection of personal protective equipment (PPE) items housed in a white plastic first-aid type carrying case. The case bears the NYPD logo and is marked with the words "Patrol Kit" on its cover. Each Patrol Kit consists of two disposable gowns, two disposable eye/mouth shields, two pairs of heavy duty gloves, two pairs of disposable shoe covers, ten antiseptic wipes, and a disposal "biohazard" bag for use against contact with blood or other potentially infectious materials (OPIM). OPIM includes semen, vaginal secretions, and fluid from the brain, spine, chest cavity, stomach, heart and joints. Saliva or urine not visibly contaminated with blood is not considered to be OPIM. Disposable gloves and Patrol Kit items must be properly disposed of after being utilized to protect one's hands, skin and clothing from direct contact with blood, OPIM, dead human bodies, and animals which may have infectious diseases. Contaminated or damaged personal protective equipment will not be reused and will be discarded in biohazard receptacles at designated Department facilities or hospitals. PROCEDURE Maintain and utilize disposable gloves and Patrol Kit items as follows: VEHICLE OPERATOR 1. Ensure that the Patrol Kit carry case is present and secure in the trunk of assigned/designated Department auto at beginning of tour. 2. Inspect contents of case to verify that all required Patrol Kit items, as listed in the SCOPE statement, are present in the quantities indicated. a. Also ensure that an adequate supply of disposable gloves are available in the Department auto. 3. Make ACTIVITY LOG (PD112-145) entry indicating results of inspection. a. Report missing/damaged Patrol Kit items to the patrol supervisor and promptly replace them. NOTE: Adequate supplies of Patrol Kit items/disposable gloves should be maintained at commands at all times and stored where they will be readily accessible for use. At least one carrying case containing a Patrol Kit is to be affixed to a wall in a conspicuous, accessible location at each precinct, transit district, police service area, court section, medical district, Aviation, Crime Scene, Harbor, Mounted Unit and Highway District location. MEMBER OF THE SERVICE 4. Utilize disposable plastic gloves and Patrol Kit items when necessary to handle persons, animals or items in a safe, sanitary manner. NOTE: The following are examples of when members of the service should use Patrol Kit items/disposable gloves: a. Contact with blood, body fluids, secretions, excretions, etc. b. Searching dead human bodies c. Contact with hazardous materials or persons or animals having or suspected of having infectious diseases (see P.G. 212-37, "Hazardous Materials" and 205-10, "Exposure Of Members Of The Service To Infectious Diseases Or Hazardous Materials") d. Searching prisoners (disposable gloves should ordinarily be sufficient) e. Fingerprinting (disposable gloves should ordinarily be sufficient). Members of the service who do not have access to a Patrol Kit and are present at a scene requiring the use of a Patrol Kit may request one via the communications dispatcher. An available unit possessing the Kit will be directed to respond to the requesting member's location. 5. Confer with immediate supervisor before using Patrol Kit items/disposable gloves at a parade, demonstration, etc. a. Supervisor will make determination based on circumstances and advise members of proper action. 6. Avoid contact with outside surface of Patrol Kit items/disposable gloves after use if possibility of contamination exists. 7. Remove used gloves as follows: a. Grasp cuff of one glove and remove by pulling glove inside out. b. Place fingers inside second glove and pull inside out. 8. Handle used gloves/Patrol Kit items by uncontaminated surface and place inside plastic bag. 9. Cleanse hands with antiseptic wipe and place used wipe in plastic bag with other contaminated items. a. Seal plastic bag containing contaminated Patrol Kit items/disposable gloves and antiseptic wipe. 10. Refer to the instructions contained in the plastic case housing of the Patrol Kit for information regarding the Kit's safe use and disposal. 11. Deposit only contaminated items in the thirty-two gallon biohazard receptacle lined with a red biohazard bag. NOTE: Only items contaminated with blood or OPIM need to be disposed of in biohazard receptacles located in each command. Gloves used while fingerprinting or searching prisoners, and PPE items worn but not contaminated, may be discarded in a regular trash receptacle. 12. Wash hands, preferably with anti-bacterial or brown soap, as soon as possible after exposure. DESK OFFICER/CENTRAL BOOKING SUPERVISOR 13. Contact Medical Division Sick Desk supervisor at (718) 760-7606 to arrange for messenger to pick up regulated infectious waste. 14. Ensure that Medical Division messenger removes and seals the regulated infectious waste liner and places a new biohazard liner in the receptacle. NOTE: Biohazard waste liners should be closed prior to removal from the receptacle in order to prevent spillage. If the outside of a liner or container becomes contaminated, it must be placed within a second suitable liner or container. The regulated infectious waste liners must be transported in a covered, leak proof container with a biohazard label prominently displayed on the outside of the container. The Medical Division messenger shall be appropriately trained in the use of Patrol Kit items/disposable gloves and infection control procedures. Biohazard labels are available from the Quartermaster Section. 15. Make a Command Log entry of facts regarding removal of biohazard waste by Medical Division messenger. ADDITIONAL DATA Emergency situations, circumstances, and time constraints may hinder or prevent a member from properly donning Patrol Kit items/disposable gloves, thereby making the member more vulnerable to contamination from blood or other potentially infectious materials. Members who have any contact with hazardous materials, blood, or OPIM will immediately comply with P.G. 205-10, "Exposure of Members of the Service to Infectious Diseases or Hazardous Materials." In the event that a uniform item becomes significantly contaminated (e.g. soaked through with blood or OPIM), the item(s) in question will be removed as soon as possible and placed in the disposable red biohazard liner contained in the Patrol Kit. The member of the service will be allowed to shower as soon as possible. A uniform item contaminated with small splatters of blood which have not soaked through the item may be machine washed with a non-chlorine bleach separately from other household laundry. A second wash/rinse cycle should then be used to rinse the inside of the washing machine. Non-disposable uniform items (nameplates, shields, etc.) may be effectively decontaminated with a freshly mixed solution of one part bleach to ten parts water. Members seeking reimbursement to replace damaged uniform items will refer to P.G. 204-07, "Lost Or Damaged Uniform." If an Emergency Medical Service ambulance is present at the scene of an incident where members of the service have soiled Patrol Kit items/disposable gloves, such items may be disposed of in the contaminated waste container located in the body of the ambulance. However, Emergency Medical Service ambulances are not to be called to the scene merely for the disposal of soiled Patrol Kit items/disposable gloves. In cases where no ambulance is present, or a private ambulance not under the jurisdiction of Emergency Medical Service is present, or ambulance personnel refuse to allow disposal, Patrol Kit items/disposable gloves should be secured in the plastic bags supplied for such purpose and transported to the precinct/command of occurrence for disposal. The Health and Hospitals Corporation has granted permission for members of the service to dispose of used Patrol Kit items/disposable gloves in the contaminated waste containers in the emergency rooms of designated municipal hospitals in those situations where Patrol Kit items/disposable gloves have been worn while transporting a patient to that hospital for treatment. These designated hospitals are: MANHATTAN HOSPITALS Bellevue Metropolitan Harlem BRONX HOSPITALS Bronx Municipal North Central Bronx Lincoln QUEENS HOSPITALS Elmhurst Queens Hospital Center BROOKLYN HOSPITALS Coney Island Kings County Woodhull Members of the service are not to bring contaminated Patrol Kit items/disposable gloves to an emergency room for disposal if not transporting a patient for treatment at that hospital. Where a patient has not been transported to a participating hospital or, if the emergency room staff refuses to allow disposal, members of the service will secure the Patrol Kit items/disposable gloves in the plastic bag supplied for such purpose and transport to precinct/command of occurrence for disposal. Commanding officers should seek to establish a relationship with non-municipal hospitals within their commands to which ambulances respond, in an effort to obtain authorization for disposal of Patrol Kit items/disposable gloves in the hospital's emergency room. The following Patrol Kit items/disposable gloves may be ordered directly from the Quartermaster Section by utilizing the following index numbers: ITEM Disposable gloves Glove kits Antiseptic skin wipes Patrol Kit (complete) Patrol Kit carrying case (to replace damaged cases only) 32 gallon biohazard receptacle 32 gallon biohazard liner Biohazard sticker (1 «" x «") Biohazard sticker (4" x 5") INDEX NUMBER 1134 1141 1345 1343 1344 3622 3007 2444 2443 RELATED PROCEDURES Exposure Of Members Of The Service To Infectious Diseases Or Hazardous Materials (P.G. 205-10) Hazardous Materials (P.G. 212-37) Lost Or Damaged Uniform (P.G. 207-07) FORMS AND REPORTS ACTIVITY LOG (PD 112-145) P.G. 219-18 Inspection Of Supplies Date Effective: 08/01/13 PURPOSE To insure that supplies received are of proper quantity and quality. PROCEDURE When supplies are received at a command: DESK OFFICER 1. Have supplies inspected for quantity, quality and condition. 2. Sign vendor's receipt if delivery is in good condition. 3. Refuse to accept supplies if shipment is damaged, or does not meet quality standards. 4. Make Command Log entry of receipt or state reason why supplies were not accepted. 5. Notify commanding officer if supplies are not accepted. COMMANDING OFFICER 6. Have report prepared on Typed Letterhead and Department of Purchase Form 23-QQ-96 (REPORT OF UNSATISFACTORY MATERIAL) to the Quartermaster Section if the delivery is deficient in any way. NOTE: If the supplies received are less than originally ordered, but otherwise acceptable, the desk officer may accept the supplies but receipt only for actual amount received. FORMS AND REPORTS Department of Purchase Form 23-QQ-96 (REPORT OF UNSATISFACTORY MATERIAL) Typed Letterhead P.G. 219-19 Inspection Of Department Lockers - Official Investigations Date Effective: 08-01-13 PURPOSE To permit the inspection of a Department locker in connection with an official investigation. PROCEDURE When a member of the service is directed to open his/her locker by a supervising member of the service: MEMBER OF THE SERVICE 1. Comply with direction. SUPERVISING MEMBER 2. Inspect contents of locker: a. Member concerned will witness inspection. b. If member is not present, another member of the service will witness inspection. MEMBER OF THE SERVICE 3. Secure locker after inspection is completed. 4. Follow direction of supervising officer. SUPERVISING MEMBER 5. Enter in Command Log: a. Number(s) of locker(s) inspected b. Member(s) to whom locker(s) assigned c. Reason for inspection d. Results of inspection e. Member(s) present at inspection. NOTE: A supervisory member of the service may inspect Department lockers at any time during an official investigation. If the member assigned to a locker is not present during an inspection, the inspecting member is required to notify the member concerned, and provide for the safekeeping of the equipment and reimbursement to the member if the lock is damaged. P.G. 219-20 Loss Or Theft Of Department Property Date Effective: 12-04-13 PURPOSE To investigate and record the loss or theft of Department property. PROCEDURE Upon discovering the loss or theft of Department property: MEMBER OF THE SERVICE 1. Report facts to desk officer. DESK OFFICER 2. Notify commanding officer and operations coordinator. OPERATIONS COORDINATOR 3. Conduct investigation. 4. Make Command Log entry of facts and results of investigation. 5. Prepare report, on Typed Letterhead, addressed to commanding officer. 6. Have COMPLAINT REPORT (PD313-152) prepared. a. Indicate, under appropriate caption, that duplicated copies are to be forwarded to the Internal Affairs Bureau, the Quartermaster Section, (ONLY if Department property, lost or stolen, was issued by the Quartermaster Section) and Patrol/Transit/Housing Borough, Detective Borough, or bureau concerned. 7. Notify Internal Affairs Bureau Command Center, by telephone, and enter Internal Affairs Bureau log number under "Details" on COMPLAINT REPORT. 8. Notify Stolen Property Inquiry Section (Alarm Board) if property has identifying letters or numbers on it for purpose of transmitting alarm. a. If Vehicle Identification Plate is lost/stolen, give Vehicle Identification Plate number including the letter "P", if appropriate, and the expiration date of the plate. 9. Notify Transit Special Investigations Unit, Transit Bureau Wheel and the Employee Management Division if property consists of a New York City Transit (NYCT) Police Pass MetroCard. 10. Forward three copies of report to Commanding Officer, Fleet Services Division for loss of a tire, tool, etc., from a Department vehicle. a. Forward one copy direct to the Commanding Officer, Transit Bureau, if property consists of NYCT Police Pass MetroCard and one copy with COMPLAINT REPORT direct to the Executive Officer, Employee Management Division, if property consists of NYCT Police Pass MetroCard, Long Island Rail Road Police Pass or Metro North Police Pass. NOTE: In cases where the loss or theft of a NYCT Police Pass MetroCard, Long Island Railroad and/or Metro North Police Pass occurs outside New York City the member will notify the local police agency and desk officer, command of assignment. The desk officer will make a Command Log entry and notify the operations coordinator who will conduct an investigation, notify IAB and comply with step "10" subdivision "a," as appropriate. The IAB Log number must be included in the report. 11. Take other action as appropriate. COMMANDING OFFICER 12. Review result of investigation. ADDITIONAL DATA Each precinct squad commander will examine COMPLAINT REPORTS prepared, including those REPORTS not referred to the precinct squad, concerning the loss or theft of police related equipment. Such equipment will include, but is not limited to, law enforcement frequency radios, police vehicles, uniforms, shields or identification cards, bulletproof vests or police type emergency lights or sirens. The squad commander will notify the Commanding Officer, Major Case Squad of such loss/theft by telephone and forward a duplicated copy of the COMPLAINT REPORT or COMPLAINT FOLLOW-UP, as appropriate, with a covering report, on Typed Letterhead, to the Major Case Squad. In addition P.G. 219-21, "Lost/Stolen Firearm, Shield, Identification Card" is to be adhered to when a member of the Department reports a lost/stolen firearm, shield, and/or I.D. card. RELATED PROCEDURES Portable Radios (P.G. 219-15) Lost/Stolen Firearm, Shield, Identification Card (P.G. 219-21) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) Typed Letterhead P.G. 219-21 Lost/Stolen Firearm, Shield, Identification Card Date Effective: 08-01-13 PURPOSE To investigate circumstances when a member of the service (uniformed or civilian) reports a lost/stolen firearm, police shield or IDENTIFICATION CARD (PD416-091). PROCEDURE When a member of the service discovers the loss/theft of a firearm, shield or IDENTIFICATION CARD: MEMBER OF THE SERVICE 1. Notify desk officer, precinct of occurrence, immediately. NOTE: In Nassau or Suffolk counties, notify desk officer, 105th Precinct. In Westchester, Orange, Putnam or Rockland counties, notify desk officer, 50th Precinct. If loss/theft occurs in other than New York City or the residence counties, notify Operations Unit direct. In addition, the local police agency will be notified immediately and requested to transmit a FINEST notification to this Department. 2. Prepare part "A" of LOST/STOLEN FIREARM/SHIELD/I.D. CARD REPORT (PD520-150). a. If loss/theft occurred outside city, the desk officer or Operations Unit member receiving the report will prepare both parts "A" and "B" of the report. 3. Report loss/theft to commanding officer at first opportunity and include all information available. DESK OFFICER 4. Make a Command Log entry of facts. a. If member reporting loss/theft is not assigned to precinct of report, prepare and forward a transcript of the Log entry to the member's commanding officer. 5. Notify commanding officer/duty captain and Operations Unit immediately. 6. Prepare part "B" of LOST/STOLEN REPORT. 7. Ensure that COMPLAINT REPORT (PD313-152) is finalized and alarm transmitted. NOTE: A COMPLAINT REPORT will not be prepared nor will an alarm be transmitted if the loss/theft occurred outside New York City. However, a Command Log and/or Telephone Record entry will be made. 8. Notify Internal Affairs Bureau Command Center and enter Internal Affairs Bureau log number under "Details" on COMPLAINT REPORT, if prepared, or in Telephone Record, if COMPLAINT REPORT is not prepared. COMMANDING OFFICER/DUTY CAPTAIN 9. Conduct immediate investigation. a. Communicate, by telephone, with agency receiving report, if loss/theft occurred outside New York City. b. Interview member of the service concerned reporting loss/theft, by telephone, if necessary. 10. Prepare part "C" of LOST/STOLEN REPORT. a. Include recommendation concerning negligence by member of the service. 11. Prepare SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123), if circumstances warrant. 12. Distribute LOST/STOLEN REPORT as indicated on bottom of form. 13. Forward SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT to commanding officer of member reporting loss/theft. NOTE: If the duty captain conducts the investigation, a copy of the SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT will be filed in the permanent command of the duty captain. MEMBER'S COMMANDING OFFICER 14. Have notation made on member's FORCE RECORD (PD406-143) of time and date of the Command Log entry concerning the loss/theft of firearm. 15. Determine if disciplinary action should be taken. NOTE: When it has been determined that disciplinary action should be taken for the loss of or failure to safeguard a firearm, a consultation with the Department Advocate's Office will be made to determine appropriate disciplinary action. 16. Initiate command discipline or formal charges, if circumstances warrant. 17. Enter disposition on SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT and file. a. Forward duplicate copy of LOST/STOLEN REPORT, through channels, to Department Advocate (Schedule B cases only). 18. Prepare part "D" of LOST/STOLEN REPORT giving particulars and/or results of investigation and any action taken or contemplated. 19. Distribute LOST/STOLEN REPORT as indicated on rear of form. MEMBER OF THE SERVICE 20. Report to Commanding Officer, Employee Management Division to obtain a new shield or IDENTIFICATION CARD. a. Return to permanent command and request clerical member to enter new shield number on FORCE RECORD. ADDITIONAL DATA Members of the service assigned to Police Headquarters whose firearm/shield/IDENTIFICATION CARD is lost/stolen within the confines of the 5th Precinct will immediately report the loss/theft to the Headquarters Security Unit. Members of the service assigned to the Police Academy or units within the Police Academy facility (other than 13th Precinct personnel) whose firearm/shield/IDENTIFICATION CARD is stolen/lost within the confines of the 13th Precinct will immediately report the loss/theft of firearm/shield/IDENTIFICATION CARD to the Police Academy Integrity Unit. A captain or above from the reporting members command will conduct the investigation, prepare the LOST/STOLEN FIREARM/SHIELD/I.D. CARD REPORT, and the SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT. Headquarters Security Unit or Police Academy Integrity Unit personnel will make the notifications required by the preceding procedure and COMPLAINT REPORT serial numbers will be obtained from the 5th or 13th Precinct, as appropriate. If the loss/theft of a shield occurs at a time when the Employee Management Division is closed and the member concerned is scheduled to perform duty in uniform, the member will be assigned to duty in uniform without a shield until the Office of the Chief of Personnel opens the next business day. Reports of lost/stolen auxiliary police shields will be processed as directed in P.G. 207-12 "Lost or Stolen Property." The command clerk will enter in the box captioned "Additional Copies For" - Auxiliary Police Section. Auxiliary police shields coming into the possession of the Department, if not required as evidence, will be forwarded, with a report of the circumstances, to the Commanding Officer, Auxiliary Police Section. A PROPERTY CLERK INVOICE (PD521-141) is not required in such cases. RELATED PROCEDURES General Uniform Regulations (P.G. 204-01) Reporting Violations Observed By Supervisors (P.G. 206-01) Violations Subject To Command Discipline (P.G. 206-03) Command Discipline (P.G. 206-02) Authorized Penalties Under Command Discipline (P.G. 206-04) Preparation Of Charges And Specifications (P.G. 206-05) Service And Disposition Of Charges And Specifications (P.G. 206-06) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) FORCE RECORD (PD406-143) IDENTIFICATION CARD (PD416-091) LOST/STOLEN FIREARM/SHIELD/I.D. CARD REPORT (PD520-150) PROPERTY CLERK INVOICE (PD521-141) SUPERVISOR'S COMPLAINT REPORT/COMMAND DISCIPLINE ELECTION REPORT (PD468-123) P.G. 219-22 Operation Of Vending Machines Within Department Facilities Date Effective: 08/01/13 PURPOSE To set guidelines for the operation of vending machines by precinct clubs or similar associations within Department facilities. DEFINITIONS COMMAND CLUBS - Formal or informal association of all Department personnel within a Department facility. VENDING MACHINE - Coin operated machine owned/leased and operated by members of a precinct club to dispense food, nonalcoholic beverages and cigarettes. NOTE: The presence of coin operated non-vending machines, e.g., video games, pool tables, etc., is prohibited in any Department facility. PROCEDURE When a precinct club or similar association of Department employees decides to purchase/lease and operate vending machines for use within a Department facility: COMMAND CLUB MEMBERS 1. Admit to membership all Department personnel assigned to the facility. 2. Obtain consent of commanding officer/counterpart PRIOR to purchasing/leasing a vending machine. 3. Provide commanding officer/counterpart with names of members responsible for operating the vending machines. a. Provide the names of principals of company from which vending machine will be purchased or leased. COMMANDING OFFICER 4. Request record check of principals of company from the Intelligence Bureau. 5. Direct that members of the command club purchase/lease vending machines needed and maintain an accurate record of expenses and income from each machine. 6. Inform members of the command club that vending machines owned and operated by private companies or individuals SHALL NOT BE INSTALLED OR MAINTAINED IN DEPARTMENT FACILITIES. 7. Request Building Maintenance Section conduct a survey to determine if proposed vending machine location possesses adequate electrical wiring capacity to safely operate the vending machine. a. Obtain written approval from the C.O., Building Maintenance Section. COMMAND CLUB MEMBERS 8. Place vending machines in locations within facility that have been approved by the facility commander. NOTE: The facility commander's knowledge and consent with regard to the placement or location of vending machines SHALL NOT be construed as either a license or lease of an area in a Department facility. 9. Maintain an accurate monthly record of expenses and income for EACH machine as follows: a. Utilize a bound book, entitled "Vending Machine Ledger" divided equally into sections to accommodate EACH machine in command, containing information relative to ALL transactions effecting vending machine funds, and captioned on a single page as follows: (ACROSS TOP OF PAGE) TYPE OF MACHINE STATUS MONTH/YEAR (FIRST LINE OF PAGE) DATE TRANSACTION # (Mo./Day/Yr.) (# of each transaction, starting with #1 each calendar year). (soda, candy, etc.) DEBITS CHECK # (Cost of product and maintenance expenses) PURPOSE CREDITS (Reason for debit, supplies, lease, maintenance, etc.) (Money taken from machine) (Leased/owned) (SAMPLE ENTRIES) Coffee 07/15/96 July/1996 Coins $75.00 removed from machine 07/15/96 35 $175.00 13 Supplies __________ ordered for machine ___________________________________________________________________________ ___________________________________________________________________________ LOSS $100.00 34 Leased __________ __________ NOTE: Upon listing of last monthly transaction, draw a double line and indicate total loss or profit for that machine. b. Utilize a bound book, entitled "Club Activity Expenditures Ledger," containing information relative to ALL monies derived from vending machines and expenditures of same, and captioned on a single page as follows: (ACROSS TOP OF PAGE) MONTH/YEAR OPENING BALANCE (Actual total of ALL monies from previous month.) (FIRST LINE OF PAGE) DATE TRANSACTION (# (Mo./Day/Yr.) of each transaction, starting with #1 each calendar year). CHECK # (Avoid cash, if possible) AMOUNT PURPOSE (Amount of check) (Brief description of reason for expenditure, e.g., club function, flowers, materials, etc.) (SAMPLE ENTRIES) 06/06/96 June/1996 38 12 $1553.00 $75.00 Precinct paddle ball tournament. 06/20/96 39 13 $25.00 Flowers for P.O. O'Neill ___________________________________________________________________________ ___________________________________________________________________________ CLOSING BALANCE $1453.00 NOTE: Upon listing of last monthly transaction, draw a double line and indicate total closing balance. c. A folder entitled "Documentation File," containing bills, receipts, etc., of EVERY financial transaction. d. A folder entitled "Bank Statement File," containing bank statements, deposit slips, cancelled checks and other banking correspondence. NOTE: Commanding officer/counterpart will inspect ledgers monthly by indicating date, time and signature. 10. Operate and stock all vending machines, set prices and collect money deposited in each machine. 11. Set reasonable prices for all items dispensed to prevent any substantial accumulation of cash in excess of what would be reasonably required to cover expenses. 12. Place the following notice on each vending machine: "FOR USE BY POLICE DEPARTMENT EMPLOYEES ONLY". 13. Promptly handle complaints of inoperative machines, lost coins, etc. 14. Comply with all City, State and Federal tax laws relating to the sale of items in vending machines. ADDITIONAL DATA Any surplus cash earned will belong to all members of the club. The surplus cash, with the consent of club members, may be used to defray costs of social events, gifts to members on special occasions, e.g. flowers, condolence cards, mementos of service, etc., or to purchase items for use within the facility for the common benefit of all club members. P.G. 219-23 Solar Cellular Callboxes Date Effective: 08-19-13 PURPOSE To ensure that all components of a solar cellular callbox are in place and the callbox is functioning properly. PROCEDURE When an alarm is received at a solar cellular callbox: UNIFORMED MEMBER OF THE SERVICE 1. Respond as directed by the Communications Division. 2. Ascertain that the following components are in place: a. Antenna b. Solar panel c. Pole d. Sign - "Emergency Phone" e. Callbox f. Handset and cable (cord). 3. Make a test call to Communications Division a. Verify the operability of the callbox b. Verify callbox number c. Verify callbox location. 4. Prepare appropriate reports for damaged or missing components: a. COMPLAINT REPORT (PD313-152) when investigation reveals vandalism, damaged or missing components. b. Police Accident Report (MV104AN) when investigation indicates damage or knockdown as a result of a motor vehicle collision. NOTE:: Remove entire callbox or unattached components, as appropriate, to the stationhouse for safekeeping. In all instances the Communications Division must be notified as follows: a. Monday to Friday, 0800 to 1600 hours, Telecommunications Unit (212) 374-5221 b. All other times contact the Lieutenant Platoon Commander (718) 254-1450. COMMAND CLERK 5. Forward duplicate copy of COMPLAINT REPORT or MV104AN by De partment mail, or FAX to: Telecommunications Unit, Room 910B One Police Plaza Fax Number - (212) 374-2460 ADDITIONAL DATA Members of the Communications Division Callbox Unit are available weekdays from 0800 to 1600 hours to provide further information if needed. RELATED PROCEDURE Monthly Signal Box Survey (A.G. 322-25) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) Police Accident Report (MV104AN) P.G. 219-24 Utilization Of And Accountability For Cellular Telephones Assigned To Patrol Supervisor Date Effective: 08/01/13 PURPOSE To ensure the proper utilization of and accountability for cellular telephones assigned to patrol supervisor. PROCEDURE When a patrol supervisor is prepared to utilize an assigned Department cellular telephone: PATROL SUPERVISOR 1. Ensure the power is "ON." 2. Press "RECALL" (RCL) button followed by one of the selected numerals: *"1" *"2" *"3" *"4" *"5" = = = = = telephone switchboard desk patrol borough Operations Unit 911 NOTE: These cellular telephones are capable of receiving all incoming calls, e.g. desk officer, duty captain, etc., However, each is programmed to allow only the outgoing calls listed in above step. 3. Press "SEND" (SND) button. 4. Complete conversation. 5. Press "END" button. DESK OFFICER 6. Ensure cellular telephone assigned to command for use by the patrol supervisor are operational each tour: a. Batteries charged b. Car adapters available. 7. Make a command log entry listing the name, telephone number, and assignment of the patrol supervisor in possession of the cellular telephone. a. Telephones not assigned will be accounted for each tour with a command log entry. COMMANDING OFFICER 8. Ensure that cellular telephones in need of repair are promptly returned to the [Rev 03-02] Telecommunications Unit located at One Police Plaza, room 910B. P.G. 219-25 E-Z Pass Tags Date Effective: 08/01/13 PURPOSE To account for the safekeeping and usage of E-Z Pass tags assigned to each command. PROCEDURE When E-Z Pass tags are assigned to a command: COMMANDING OFFICER 1. Have lieutenant platoon commander/patrol supervisor account for all E-Z Pass tags that are assigned to the command. 2. Have integrity control officer monitor the usage of the E-Z Pass tags assigned to the command. LIEUTENANT PLATOON COMMANDER/PATROL SUPERVISOR 3. Inspect all Department vehicles assigned to command for E-Z Pass tags each Sunday, after the second platoon has been posted. a. Ensure that E-Z Pass tags are affixed to center top windshield of each vehicle and that the serial numbers are recorded on the VEHICLE INSPECTION REPORT (PD571-153). INTEGRITY CONTROL OFFICER 4. Maintain an inventory of all E-Z Pass tags assigned to command. 5. Review the command's E-Z Pass usage to ensure that the E-Z Pass tags are used within Department guidelines. 6. Incorporate E-Z Pass tags and their usage into the command's monthly self-inspection program. NOTE: Commands are not authorized to transfer E-Z Pass tags from one vehicle to another. All E-Z Pass tag reassignments must be approved by the Commanding Officer, Fleet Services Division. WHEN AN E-Z PASS TAG IS DEFECTIVE RANKING OFFICER 7. Prepare a report on Typed Letterhead addressed to the Commanding Officer, Fleet Services Division with the date, time and locations where the E-Z Pass tag failed. 8. Notify Fleet Services Division of the defective tag and deliver E-Z Pass tag with a report on Typed Letterhead to Fleet Services Division. NOTE: E-Z Pass tags may fail for various reasons (defective battery, excessive speed, etc.). Therefore it is necessary to attempt to cross another E-Z Pass toll plaza to ensure that the tag is in fact defective. WHEN AN E-Z PASS TAG IS LOST/STOLEN OR RECOVERED UNIFORMED MEMBER OF THE SERVICE 9. Notify the desk officer precinct/PSA/transit district of occurrence. DESK OFFICER/RANKING OFFICER 10. Have COMPLAINT REPORT (PD313-152) prepared, if necessary. 11. Notify Internal Affairs Bureau and enter log number under "Details" section of the COMPLAINT REPORT. 12. Notify Stolen Property Inquiry Section (S.P.I.S.) of E-Z Pass serial number. COMMANDING OFFICER 13. Investigate circumstances of loss, theft, or recovery of E-Z Pass tag. 14 Have a report prepared on Typed Letterhead with a copy of the COMPLAINT REPORT, forwarded through channels to the Commanding Officer, Fleet Services Division. a. Forward copy of report to command/unit where Department vehicle is assigned, if other than command of occurrence. ADDITIONAL DATA E-Z Pass tags will be permanently affixed to the top center of the vehicle's interior windshield utilizing double sided tape provided by Fleet Services Division. The exception to this provision will be vehicles that routinely leave the city on official business (example: Category I vehicles), which will have the E-Z Pass tag secured to the windshield with velcro strips provided by Fleet Services Division. The velcro strips will allow the operator of the vehicle to remove the E-Z Pass tag when utilizing facilities not authorized for E-Z Pass use by this Department (example: NYS Thruway, NJ Turnpike, Garden State Parkway, etc.). E-Z PASS USAGE IS AUTHORIZED FOR THE BELOW LISTED CROSSINGS ONLY: Bronx-Whitestone Bridge Brooklyn Battery Tunnel Triborough Bridge Henry Hudson Bridge Queens Midtown Tunnel Throgs Neck Bridge Cross Bay Veterans Memorial Bridge Marine Parkway-Gil Hodges Memorial Bridge George Washington Bridge Bayonne Bridge Goethals Bridge Holland Tunnel Lincoln Tunnel Outerbridge Crossing Verrazano-Narrows Bridge RELATED PROCEDURES Inspection Of Department Vehicles Each Tour By Operator (P.G. 219-01) Weekly Inspection Of Department Vehicles (P.G. 219-02) Loss Or Theft Of Department Property (P.G. 219-20) FORMS AND REPORTS VEHICLE INSPECTION REPORT (PD571-153) COMPLAINT REPORT (PD313-152) Typed Letterhead P.G. 219-26 Acquisition And Use Of Department Issued New York City Transit Police Pass Metrocards Date Effective: 12-04-13 PURPOSE To provide for the issuance, control, and strict accountability of Department issued New York City Transit (NYCT) Police Pass MetroCards to all uniformed members of the service. PROCEDURE When a uniformed members of the service is issued a NYCT Police Pass MetroCard by the Employee Management Division: EMPLOYEE MANAGEMENT DIVISION 1. Provide a NYCT Police Pass MetoCard to ALL uniformed members of the service. NOTE: The Employee Management Division will be responsible for the assignment and issuance of ALL NYCT Police Pass MetroCards, including replacement cards for damaged, defective, lost, stolen MetroCards. This card is assigned to the individual uniformed member of service, not the command. Each member will be assigned a specific card which contains its own unique serial number. This card can only be used by the member to whom it has been issued. This will allow for monitoring of the program to ensure control and accountability of all MetroCards. NYCT Police Pass MetroCards are never to be assigned or reassigned by commands. NYCT Police Pass MetroCards are generally valid for a period of two years. Upon expiration of MetroCard, each member MUST return their expired card in order to be issued a new card. This renewal process will be coordinated by the Employee Management Division which is located at One Police Plaza, Room 1000. 2. Maintain an account of NYCT Police Pass MetroCards to ensure the integrity of the program. COMMANDING OFFICER 3. Ensure that all uniformed members assigned to command are in possession of a NYCT Police Pass MetroCard. 4. Ensure that MetroCard serial number is entered on each member's FORCE RECORD (PD406-143). 5. Have the intergrity control officer monitor the MetroCard program to ensure that all uniformed members are following procedures regarding the proper safeguarding and useage of their MetroCard. 6. Ensure that an investigation is conducted and proper procedures adhered to in instances where MetroCards become damaged, defective or are lost or stolen. INTEGRITY CONTROL OFFICER 7. Enter the MetroCard serial number on each member's FORCE RECORD in order to maintain an accurate account of MetroCards assigned to members in the command. 8. Have MetroCards inspected at roll calls and during semi-annual uniform inspection. 9. Conduct an investigation and prepare a report on Typed Letterhead for commanding officer's signature requesting a replacement card, when a MetroCard is damaged or becomes defective. a. Have report and damaged/defective MetroCard hand delivered to Employee Management Division. Note: When a uniformed member is going on a long term leave of absence, such as military or child care leave, ensure that member surrenders his/her MetroCard immediately prior to such leave and have MetroCard hand delivered to the Employee Management Division. Upon member's return from long term leave of absence, prepare a report on Typed Letterhead for the signature of the commanding officer requesting re-issuance of a MetroCard. Upon review of such request the Employee Management Division will re-issue a MetroCard to requesting member. 10. Comply with provisions of P.G. 219-20, "Loss Or Theft Of Department Property", if a Department issued MetroCard is reported lost or stolen. a. Make telephone notification to Employee Management Division and forward copy of all relevant paperwork regarding incident. 11. Arrange for pick-up of cards, when notified by the Employee Management Division that replacement cards are ready. a. Safeguard and issue cards to requesting members. 12. Collect all expired MetroCards from members of the command during the renewal period. 13. Ensure that all members of the command are issued the card that they have been assigned by serial number and obtain their signature on the MetroCard distribution list as receipt of their card. 14. Deliver completed MetroCard distribution list and expired MetroCards to the Employee Management Division. 15. Retain copy of MetroCard distribution list in command. UNIFORMED MEMBER OF THE SERVICE 16. Carry Department issued MetroCard at all times whenever a shield and IDENTIFICATION CARD (PD416-091) are required to be carried. 17. Safeguard MetroCard at all times. 18. Request replacement if MetroCard becomes defective. 19. Notify desk officer if a MetroCard is lost, stolen or damaged. 20. Surrender issued MetroCard upon separation from the Department, immediately prior to long term leave of absence or upon expiration of MetroCard. DESK OFFICER 21. Notify commanding officer and operations coordinator of lost or stolen MetroCard. OPERATIONS COORDINATOR 22. Comply with provisions of P.G. 219-20, "Loss Or Theft Of Department Property" and conduct investigation into loss or theft of Department issued MetroCard. 23. Have COMPLAINT REPORT (PD313-152) prepared. 24. Notify Internal Affairs Bureau Command Center by telephone, and enter Internal Affairs Bureau Log number under "Details" of COMPLAINT REPORT. 25. Notify Stolen Property Inquiry Section. 26. Notify Transit Bureau Wheel, Transit Special Investigations Unit and Employee Management Division. 27. Include MetroCard serial number on all Department forms prepared. 28. Prepare report on Typed Letterhead, including the results of the investigation as well as any proposed disciplinary action, if applicable. a. Forward one copy to the Executive Officer, Employee Management Division and one copy to the Commanding Officer, Transit Bureau Special Investigation Unit. COMMANDING OFFICER 29. Review results of investigation. ADDITIONAL DATA Upon separation of service (retirement, resignation, dismissal, etc.) all uniformed members MUST surrender their MetroCard to their command, who will be responsible for ensuring the return of the card to the Employee Management Division. All MetroCards must be hand delivered to the Employee Management Division. A notation should be made on PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013) regarding same. NYCT Police Pass MetroCards have no electronic restrictions for their use. They may be used repeatedly and indefinitely throughout their period of validity. However, uniformed members should be aware that each use of the MetroCard is electronically recorded by NYC Transit. These records will be made available to this Department for review and analysis, should the condition warrant (e.g., loss, theft, investigation into card usage, etc.). Uniformed members of the service assigned MetroCards shall use their assigned card to gain access to subways and public buses at all times. MetroCards are Department property and are to be safeguarded at all times. POLICE PASS METROCARDS ARE FOR THE EXCLUSIVE USE OF THE UNIFORMED MEMBER OF THE SERVICE TO WHOM IT IS ISSUED. Uniformed members of the service who knowingly allow an unauthorized person to use their Police Pass MetroCard may be the subject of disciplinary action. Under no circumstances are Police Pass MetroCards to be given or loaned to any other person. RELATED PROCEDURES Discontinuance of Police Service - Retirement or Vested Interest (P.G. 205-42) Discontinuance of Police Service - Resignation (P.G. 205-43) Violations Subject To Command Discipline (P.G. 206-03) Loss Or Theft Of Department Property (P.G. 219-20) FORMS AND REPORTS COMPLAINT REPORT (PD313-152) FORCE RECORD (PD406-143) PROPERTY RECEIPT - DISCONTINUANCE OF SERVICE (PD520-013) Typed Letterhead P.G. 219-27 Issuance And Maintenance Of Radiation Detection Pagers Assigned To Commands Date Effective: 10-16-13 PURPOSE To provide for the control, accountability and issuance of Department radiation detection pagers assigned to commands: PROCEDURE When radiation detection pagers are assigned to commands: COUNTERTERRORISM CENTRAL RESOURCE DIVISION 1. Assign radiation detection pagers to command through the Citywide Counterterrorism Coordinator. 2. Maintain an account of all assigned radiation detection pagers to ensure integrity of the program. COMMANDING OFFICER 3. Ensure desk officer accounts for radiation detection pagers assigned to command on each tour. 4. Designate a secure area under the control of the desk officer for storage of radiation detection pagers and batteries assigned to the command that are not being utilized. NOTE: Commands will maintain a supply of "AAA" batteries for the use of all radiation detection pagers in their command. "AAA" batteries may be obtained from the Quartermaster Section. 5. Ensure availability, operability, and use of radiation detection pagers on all tours. 6. Ensure all supervisors/designated uniformed members of the service performing patrol duties in the command are adequately trained in the use and maintenance of radiation detection pagers and ensure that they are assigned and deployed on all tours. a. ONLY trained supervisors and trained uniformed members of the service will be assigned to use radiation detection pagers. NOTE: Commanding officers of specialized units utilizing radiation detection pagers will have discretion to designate selected members of their units to be trained in the use of radiation detection pagers, as necessary. DESK OFFICER 7. Inspect and account for all radiation detection pagers assigned to command at commencement of each scheduled tour. a. Make Command Log entry, including serial numbers and operating status. 8. Distribute radiation detection pagers assigned to command to trained patrol supervisor/designated uniformed members of the service on scheduled tour. a. Indicate rank, name, shield number and assignment of member(s) receiving radiation detection pager in Command Log. NOTE: Commands issued radiation detection pagers will deploy the device on each tour. Should a command have more than one radiation detection pager, it will be assigned to an additional trained supervisor/uniformed member of the service on patrol (e.g., traffic safety, anti-crime, bike patrol, etc.). Pager(s) not assigned during a tour, will be secured at the command. Commands are not authorized to transfer radiation detection pagers to other commands. PATROL SUPERVISOR/UNIFORMED MEMBER OF THE SERVICE ASSIGNED 9. Inspect radiation detection pager to ensure operability and battery power at the beginning of each scheduled tour. a. Request replacement batteries from desk officer, as needed b. Inform desk officer, or other designated supervisor, if the radiation detection pager is inoperable or requires repair/replacement. 10. Enter serial number of radiation detection pager into ACTIVITY LOG (PD112-145). 11. Carry and safeguard radiation detection pager until completion of tour and comply with provisions of P.G. 212-102, "Personal Radiation Detection Pager Alarms," if pager activates an alarm. 12. Notify desk officer if radiation detection pager is lost, stolen or damaged. 13. Return radiation detection pager to desk officer upon completion of tour. IF RADIATION DETECTION PAGER(S) REQUIRES REPAIR OR REPLACEMENT: DESK OFFICER 14. Investigate circumstances. 15.Prepare report on Typed Letterhead with the following information and attach to each radiation detection pager: a. Detailed description of circumstances surrounding damage or malfunction b. Rank, name, tax registry number and command of member of the service radiation detection pager was assigned to at time of damage or malfunction 16. Contact the Borough Counterterrorism Coordinator for instructions regarding the return of radiation detection pager(s) and acquisition of ` replacement(s). 17. Assign a uniformed member of the service to deliver radiation detection pager(s) with report on Typed Letterhead or retrieve pager as per instructions received from Borough Counterterrorism Coordinator. a. Record details in Command Log including serial number of radiation detection pager(s) and rank, name, shield number of member assigned. ASSIGNED UNIFORMED MEMBER OF THE SERVICE 18. Deliver/retrieve radiation detection pager(s). 19. Make the following ACTIVITY LOG entries: a. Serial number(s) of radiation detection pager(s) involved. b. Rank, name and shield number of borough staff member receiving or distributing the radiation detection pager(s). PATROL BOROUGH COUNTERTERRORISM COORDINATOR 20. Accept the returned radiation detection pager(s). 21. Provide replacement radiation detection pager(s), if available. 22. Have returned radiation detection pager(s) delivered to Citywide Counterterrorism Office. CITYWIDE COUNTERTERRORISM OFFICE 23. Forward returned radiation detection pager(s) to the Counterterrorism Central Resource Division. ADDITIONAL DATA Reports of lost or stolen radiation detection pager(s) will be processed in accordance with P.G. 219-20, "Loss or Theft of Department Property." In addition, the Citywide Counterterrorism Office will be immediately notified. RELATED PROCEDURES Discontinuance of Police Service – Resignation (P.G. 205-43) Discontinuance of Police Service – Retirement or Vested Interest (P.G. 205-42) Hazardous Materials (P.G. 212-37) Loss or Theft of Department Property (P.G. 219-20) Patrol Borough Counterterrorism Coordinator (P.G. 202-04b) Personal Radiation Detection Pager Alarms (P.G. 212-102) Required Firearms/Equipment (P.G. 204-09) Processing Unknown Substances Suspected of Being Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Materials Evidence (P.G. 212-101) FORMS AND REPORTS ACTIVITY LOG (PD112-145) Typed Letterhead P.G. 219-28 Emergency Power Outages Date Effective: 08-01-13 PURPOSE To address emergency power outages in a timely and efficient manner, and to ensure that non-essential equipment is removed from emergency electrical receptacles when a power outage occurs. SCOPE The Building Maintenance Section is responsible to test, maintain and repair the Department's emergency generator systems (Housing and Transit Bureau facilities will be maintained by the Housing and Transit Authorities as per existing Memorandums of Understanding). Each command's generator system is tested and preventive maintenance performed by the Building Maintenance Section on a regular basis. PROCEDURE When a Department facility loses electrical power (regardless of whether or not the emergency generator system is activated): DESK OFFICER/ SUPERVISORY OFFICER 1. Immediately notify the Building Maintenance Section, twenty-four hours a day, seven days a week. a. Record notification in Telephone Record. NOTE: If necessary, the Building Maintenance Section will dispatch generator mechanics and electricians to correct any conditions and monitor the system. Only qualified Building Maintenance Section personnel should attempt to start or repair the emergency generator system. Absent exigent circumstances, other members of the service or personnel from outside agencies are not permitted to start or repair the generator system without the approval of a Building Maintenance Section supervisor. IF THE EMERGENCY GENERATOR HAS BEEN ACTIVATED: 2. Immediately survey the command to ensure that only essential emergency equipment and critical computer systems are operating on emergency power. 3. Have all non-essential equipment disconnected from emergency electrical receptacles. NOTE: All non-essential equipment (air conditioners, vending machines, refrigerators, microwaves, etc.) should be immediately disconnected from emergency electrical receptacles. Emergency electrical receptacles are commonly identified by a red cover plate over the receptacle or raised lettering on the outlet receptacle. ADDITIONAL DATA If a command has a single fuel tank for both the heating system and the emergency generator, it is the command's responsibility to maintain the proper fuel level. Commands that have a single fuel tank (see Appendix "A") will ensure that the fuel level remains above the fifty (50%)level. Commands with two fuel tanks (separate tanks for the heating system and emergency generator system) are responsible for maintaining the fuel level in the tank that supplies the heating system. The Building Maintenance Section will be responsible for maintaining the proper fuel level in the emergency generator fuel tank. If command personnel require training on how to properly determine the fuel level of the command's fuel tank, a work order should be submitted to the Building Maintenance Section via the on-line work order system. Include in the request for training a contact person, contact phone number and times when the member of the service will be available. Commanding officers are responsible to conduct a quarterly that all generator rooms, mechanical rooms, and electrical utilized only for their intended purpose and not as locker rooms, etc. Items placed within these locations may create which could endanger all members of the command. survey to ensure rooms are being rooms, storage a fire hazard, RELATED PROCEDURES Requests for Repairs to Department Facilities and Equipment (A.G. 325-20) APPENDIX "A" The following commands have a single fuel tank and will be required to maintain the tank level above the fifty percent mark. COMMAND 1 7 10 20 23 24 26 28 30 33 34 43 47 48 52 60 61 63 67 68 69 71 72 75 76 79 81 84 90 94 TANK SIZE 2500 Gallons 8000 Gallons 25000 Gallons 6000 Gallons 10000 Gallons 8000 Gallons 10000 Gallons 8000 Gallons 8000 Gallons 15000 Gallons 10000 Gallons 6000 Gallons 8000 Gallons 10000 Gallons 8000 Gallons 6000 Gallons 6000 Gallons 3000 Gallons 5000 Gallons 8000 Gallons 4000 Gallons 4000 Gallons 8000 Gallons 15000 Gallons 6000 Gallons 6000 Gallons 6000 Gallons 10000 Gallons 15000 Gallons 5000 Gallons 102 105 109 111 112 113 114 120 122 BMS BSTF (70 Park) 5000 Gallons 10000 Gallons 10000 Gallons 8000 Gallons 10000 Gallons 10000 Gallons 6000 Gallons 5000 Gallons 6000 Gallons 25000 Gallons 10000 Gallons P.G. 219-29 Distribution And Use Of NYPD Restricted Parking Permits Date Effective: 08-01-13 PURPOSE To provide for the distribution, accountability, use and restrictions of the NYPD Restricted Parking Permit. DEFINITION NYPD Restricted Parking Permit (Misc. 23-N): Cardboard, approximately four inches by ten inches with serial number, command code, space for vehicle license plate number and an expiration date (permit color, design and expiration date will change each year). PROCEDURE To account for the distribution and use of Department issued NYPD Restricted Parking Permits. NOTE: ELIGIBILITY REQUIREMENTS FOR RESTRICTED PARKING PERMITS Only members of the service are eligible to receive a Restricted Parking Permit. Under NO circumstance will non-members of the service be assigned permits. Members of the service must meet the following requirements to be deemed ELIGIBLE for a Restricted Parking Permit: a. Member must have a valid NYS driver's license and the vehicle that the Restricted Parking Permit is requested for must have a valid NYS registration (this requirement is not applicable for members of the service with certain exempted titles, i.e., certain employment titles allow members to reside outside of New York City and the resident counties). Any member of the service with an exempted title must comply with the regulations of this procedure based upon the licensing, registration and insurance regulations of the state in which they reside. b. The vehicle that the Restricted Parking Permit is requested for must have a valid insurance policy. c. The vehicle that the Restricted Parking Permit is requested for must be registered to the requesting member of the service, or to a person related by blood or marriage, or to the requesting member's registered NYS domestic partner. The residence of the vehicle's registered owner (member of the service, relative or NYS domestic partner) must be the same residence the requesting member of the service has on record with the Department. When a member of the service applies for a Restricted Parking Permit, it is permissible to have a Post Office (P.O.) box listed on the member's driver's license, registration and/or insurance card. However, in all cases the member of the service's address of record with the DMV for his/her license and registration, as well as the address on record with the insurance company for the auto insurance all must match the primary residence the member of the service has on record with the Department. If the mailing address on the registration of the vehicle is a P.O. box, the requesting member MUST attach to the application proof that the insurance policy of the vehicle is issued to the same address as the member's primary residence on record with the Department. When a member of the service changes his/her residence, he/she will comply with Patrol Guide 203-18, "Residence Requirements" and Patrol Guide 203-24, "Personal Information Via Department Intranet." Members must also notify the New York State Department of Motor Vehicles (DMV) when they change addresses. MEMBER/VEHICLES INELIGIBLE FOR RESTRICTED PARKING PERMITS Members of the service will be deemed INELIGIBLE to receive a Restricted Parking Permit as follows: a. Member has been assigned a Category I Department vehicle (i.e., unmarked Department vehicle not required to be stored at a Department facility and permitted to be removed from the City on a regular basis. Category I Department vehicles are specifically designated by the Police Commissioner). All Department owned, leased or rented vehicles will be assigned an NYPD Official Vehicle Identification Plate (Misc 740). An Official Vehicle Identification Plate (laminated permit) will only be issued to the private vehicle of a member of the service upon approval of a "Private Vehicle Authorization" as outlined in Administrative Guide 325-14, "Private Vehicles Authorization" as well as approval by the Chief of Internal Affairs Bureau. b. Members assigned to One Police Plaza who have access to One Police Plaza garage parking, including the annex garage (exemption: Category II vehicles). c. Members assigned to the Military & Extended Leave Desk or on vacation/terminal leave pending retirement. d. Members under suspension. In compliance with P.G. 206-08, "Suspension from Duty-Uniformed Member of the Service," and P.G. 206-09, "Suspension from Duty-Civilian Member of the Service," the ranking officer in charge will direct member placed under suspension to surrender all Department property, including assigned Restricted Parking Permit. e. Auxiliary Police Members. COMMANDING OFFICER/INTEGRITY CONTROL OFFICER 1. Distribute Restricted Parking Permit applications to all eligible members of command based on command code only. a. Applications are available to commanding officers or appropriate designee via the Department Intranet under the heading "Computer Applications." NOTE: Commanding officers of precincts will be responsible to distribute permits to their respective Detective Squads. Only members of the service who fill out an application will be considered for a Restricted Parking Permit. MEMBER OF THE SERVICE 2. Complete application and submit to the integrity control officer by the last business day of the following: a. Manhattan – first week of September b. Bronx – second week of September c. Staten Island/Brooklyn – third week of September d. Queens – fourth week of September. NOTE: All commands will comply with the above submission dates based on the patrol borough location of their reporting command and not the location of their overhead command (example: members assigned to the Emergency Service Squad 4, located at 3450 Kingsbridge Ave, Bronx, will follow the Bronx submission schedule). Only members of the service on sick report, vacation or other authorized leave will be exempt from filing on these dates and will report to their integrity control officer upon return to duty. INTEGRITY CONTROL OFFICER/DESIGNEE 3. Ensure each application is properly completed. Return any incomplete application to the member concerned for immediate correction. 4. Conduct the following integrity control background checks using the following sessions: a. MSWS – FINEST RALL (NYS Vehicle Registration by Plate Number) b. MSWS – FINEST DLIC (NYS Driver Inquiry, suspensions, revocations and restrictions on license, scofflaw) c. MIS – CESN PEPR. NOTE: Integrity control officers must confer with the Personnel Bureau to ensure that the Department has the correct information on file for any member of the service who has recently changed any personal information. All integrity control officers must have a CESN code to conduct a PEPR check. If a PEPR check cannot be completed, ensure that the member's residence accurately reflects the residence on record with the Department. 5. Attach the results of all checks to each application. NOTE: A failure in any of the above categories (e.g., discrepancies in vehicle registration, insurance, suspended or revoked driver's license, unverified residence, scofflaw, etc.) will disqualify the applicant from receiving a Restricted Parking Permit. If any discrepancy in the above information is revealed, the integrity control officer will obtain an Internal Affairs Bureau log number, conduct an investigation and take the appropriate action. 6. File all denied applications at command level. 7. Forward approved applications to the commanding officer for final authorization and signature. COMMANDING OFFICER 8. Ensure command fulfills all of the above requirements and that ONLY completed and approved applications are sent to the Internal Affairs Bureau, Vehicle Identification Unit. NOTE: If any application is denied by the integrity control officer or the commanding officer, the applicant's expiring Restricted Parking Permit will be immediately confiscated and returned to the Internal Affairs Bureau, Vehicle Identification Unit. INTEGITY CONTROL OFFICER/DESIGNEE 9. Enter the APPROVED applications into the Restricted Parking Permit Application System via the Intranet. a. The first step requires the setup of a Registered User Account (if assistance is needed accessing the website, contact the Internal Affairs Bureau, Vehicle Identification Unit). 10. Print a hard copy of the application before entering "SUBMIT." 11. Ensure hard copies of completed and approved applications along with all supporting material are hand delivered to the Internal Affairs Bureau, Vehicle Identification Unit at 315 Hudson St, Manhattan, by the last business day of the following: a. Manhattan – second week of September b. Bronx – third week of September c. Staten Island/Brooklyn – fourth week of September d. Queens – first week of October. NOTE: The Internal Affairs Bureau, Vehicle Identification Unit is available to assist members of the service who appear in person from 0900 to 1700, Monday through Thursday. In order to ensure that requesting officers receive their Restricted Parking Permits prior to the expiration date, it is incumbent upon each individual command to adhere to the above dates. Integrity control officer/designee must ensure that in instances where the vehicle registration of a requesting member has a P.O. box address, that the member of the service submits proof that the insurance policy of the vehicle is issued to the same address as the member's primary residence on record with the Department. That proof must be forwarded with the application to the Internal Affairs Bureau, Vehicle Identification Unit. INTERNAL AFFAIRS BUREAU/VEHICLE IDENTIFICATION UNIT 12. Maintain copies of all completed applications in a secure location. 13. Notify command concerned (via Telephone Message) of the date and time to obtain new Restricted Parking Permits. NOTE: Commands receiving the above notification will make appropriate entries in the Telephone Record. INTEGRITY CONTROL OFFICER/DESIGNEE 14. Upon receipt of the new Restricted Parking Permits, collect the expiring permits and forward them to the Internal Affairs Bureau, Vehicle Identification Unit according to the following schedule: a. Manhattan – during the first and second week of March b. Bronx – during the third and fourth week of March c. Staten Island/Brooklyn – during the first and second week of April d. Queens – during the third and fourth week of April. NOTE: Account for all lost/missing permits in accordance with P.G. 219-20, "Loss or Theft of Department Property." 15. Ensure the vehicle license plate number listed on the submitted application is properly indicated on the newly issued Restricted Parking Permit with a permanent marker. NOTE: Commanding officers will be held strictly accountable for adherence to all deadlines for the submission and collection of Restricted Parking Permits assigned to members of their command. Under NO circumstances will the Restricted Parking Permit be laminated. When a member of the service is transferred, the integrity control officer of the member's new command is responsible for collecting the Restricted Parking Permit that was issued to the transferring member. When the transferred member arrives at the new command, he/she will apply for a new Restricted Parking Permit regardless of the date of transfer. During the application process, the member will continue to use his/her Restricted Parking Permit from his/her previous command. Upon approval of a new Restricted Parking Permit the member will submit his/her old permit to the integrity control officer of the new command, who will forward the returned permit to the Internal Affairs Bureau, Vehicle Identification Unit. ADDITIONAL DATA On Election Days, uniformed members of the service assigned to election duty, are permitted to display their valid NYPD Restricted Parking Permits, in authorized vehicles, to park in close proximity to their assigned election posts. Commands will continue to maintain a command Parking Permit Log with appropriate captions as outlined in Patrol Guide 202-15, "Command Integrity Control Officer." Each member will be responsible to secure his/her permit while off duty and NOT display it for any reason other than to park in a designated self-enforcement zone while on duty. Any permit without a license plate number displayed on its face will be deemed invalid. Any violation of this procedure will result in the member's vehicle being summonsed and possibly towed. Furthermore, the offending member of the service may be subject to disciplinary action. A permit is deemed invalid if the license plate number displayed on the face of the permit does not match the vehicle registration plate number. If the vehicle which the Restricted Parking Permit was originally assigned to is subsequently changed, the member will notify his/her commanding officer within thirty days. Members will be allowed to use another vehicle not on file with the Internal Affairs Bureau for a maximum of thirty days if the vehicle they use to commute is unavailable (e.g., mechanic, change in ownership, etc). A member of the service can only use the Restricted Parking Permit for another vehicle (in above situation) if that substitute vehicle is owned by the requesting member of the service, a person related by blood or marriage, or the requesting members' registered NYS domestic partner. The residence of the substitute vehicles' registered owner (member of the service, relative or NYS domestic partner) must be the same residence the requesting member of the service has on file with the Department. Members of the service are reminded that there is no valid verifiable defense for parking their vehicle (with or without a Restricted Parking Permit) under the following conditions: a. Double Parking b. Fire Hydrant or Fire Zone c. Bus Stop d. Sidewalk e. Crosswalks and Driveways f. Obstruct Traffic g. No Standing Zones (except "No Standing Except Truck Loading and Unloading") h. Snow Emergency i. No Parking – Taxi Stand j. Within No Permit Zone – as indicated on rear of vehicle identification plates. Members of the service will be held strictly accountable for the permit issued to them. Furthermore, the use of these permits is restricted to the member of service to which it is assigned and therefore non-transferable to anyone else. The Restricted Parking Permit must be properly displayed within the vehicle (i.e., face up with entire serial number and license plate visible) otherwise the permit will be considered invalid. When displayed, no part or portion of the Restricted Parking Permit will be covered with any item or be obstructed in anyway. A RESTRICTED PARKING PERMIT MAY NOT BE PHOTOCOPIED OR REPRODUCED IN ANY MANNER. ANY MEMBER IN VIOLATION WILL BE SUBJECT TO DISCIPLINARY ACTION. RELATED PROCEDURES Command Integrity Control Officer (P.G. 202-15) Residence Requirements (P.G. 203-18) Personal Information Via Department Intranet (P.G. 203-24) Private Vehicle Authorization (A.G. 325-14) Vehicle Identification Plates (A.G. 325-15) P.G. 219-30 Issuance And Maintenance Of Radiation Detection Pagers Personally Assigned To Uniformed Members Of The Service Date Effective: 10-16-13 PURPOSE To provide for the control, accountability and issuance of Department radiation detection pagers assigned to selected individual uniformed members of the service: PROCEDURE When radiation detection pagers are permanently assigned to selected individual uniformed members of the service: COUNTERTERRORISM CENTRAL RESOURCE DIVISION 1. Issue radiation detection pagers permanently to individual uniformed members of the service upon completion of the Counterterrorism Central Resource Division's "Radiation Detection Pager" training. a. Forward a copy of the PROPERTY TRANSFER RECEIPT (PD521- 145) to the commanding officer and integrity control officer of the trained member. 2. Maintain an account of all radiation detection pagers to ensure integrity of the program. NOTE: The Counterterrorism Central Resource Division will be responsible for the assignment and issuance of radiation detection pagers to individual uniformed members of the service. Each uniformed member of the service will be assigned a specific radiation detection pager which contains its own unique serial number. This will also allow for monitoring of the program to ensure control and accountability of individually issued radiation detection pagers. COMMANDING OFFICER 3. Ensure integrity control officer monitors permanently assigned radiation detection pagers to individual uniformed members of the service. 4. Have radiation detection pager inspected during semi-annual uniform inspection, as per A.G. 305-06, "Inspection of Uniforms." NOTE: Commands will maintain a supply of "AAA" batteries for use of all radiation detection pagers in their command. "AAA" batteries may be obtained from the Quartermaster Section. Commanding officers of specialized units utilizing radiation detection pagers will have discretion to designate selected members of their units to be trained in the use of radiation detection pagers, as necessary. INTEGRITY CONTROL OFFICER 5. Ensure radiation detection pager serial number for each trained uniformed member of the service is listed on member's FORCE RECORD (PD406-143). 6. Maintain a list of all uniformed members of the service who are personally assigned a radiation detection pager. DESK OFFICER 7. Inspect and account for all radiation detection pagers personally assigned to uniformed members of the service at the commencement of each scheduled tour. a. Make a Command Log entry, including serial numbers. NOTE: Commands are not authorized to transfer permanently assigned radiation detection pagers to other uniformed members of the service. ASSIGNED UNIFORMED MEMBER OF THE SERVICE 8. Safeguard radiation detection pager at all times. 9. Inspect radiation detection pager to ensure operability and battery power at the beginning of each scheduled tour. a. Request replacement batteries from desk officer, as needed b. Inform desk officer, or other designated supervisor, if the radiation detection pager is inoperable or requires repair/replacement. 10. Carry and safeguard radiation detection pager at all times when performing duty and comply with provisions of P.G. 212-102, "Personal Radiation Detection Pager Alarms," if radiation detection pager activates and alarm. 11. Notify desk officer if radiation detection pager is lost, stolen or damaged. 12. Surrender issued radiation detection pager upon separation from the Department to desk officer for return to the Patrol Borough Counterterrorism Coordinator. IF RADIATION DETECTION PAGER(S) REQUIRES REPAIR, REPLACEMENT, OR RETURN: DESK OFFICER 13. Investigate circumstances. 14. Prepare report on Typed Letterhead with the following information and attach to each radiation detection pager: a. Detailed description of circumstances surrounding damage, malfunction or other reason for return b. Rank, name, tax registry number and command of member of service radiation detection pager was assigned to at time of damage, malfunction or surrender. 15. Contact the Patrol Borough Counterterrorism Coordinator for instructions regarding the return of radiation detection pager(s) and acquisition of replacement(s). 16. Assign a uniformed member of the service to deliver pager with report on Typed Letterhead or retrieve pager as per instructions received from Patrol Borough Counterterrorism Coordinator . a. Record details in the Command Log including serial number of radiation detection pager(s) and rank, name, shield number of member assigned. ASSIGNED UNIFORMED MEMBER OF THE SERVICE 17. Deliver/retrieve radiation detection pager. 18. Make the following ACTIVITY LOG entries: a. Serial number(s) of radiation detection pager(s) involved b. Rank, name and shield number of borough staff member receiving or distributing the radiation detection pager(s). PATROL BOROUGH COUNTERTERRORISM COORDINATOR 19. Accept the returned radiation detection pager(s). 20. Provide replacement radiation pager(s), if available. 21. Have returned radiation detection pager(s) delivered to Citywide Counterterrorism Office. CITYWIDE COUNTERTERRORISM OFFICE 22. Forward returned radiation detection pager(s) to the Counterterrorism Central Resource Division. ADDITIONAL DATA Reports of lost or stolen radiation detection pager(s) will be processed in accordance with P.G. 219-20, "Loss or Theft of Department Property". In addition, the Citywide Counterterrorism Office will be immediately notified. RELATED PROCEDURES Discontinuance of Police Service - Resignation (P.G. 205-43) Discontinuance of Police Service - Retirement or Vested Interest (P.G. 205-42) Hazardous Materials (P.G. 212-37) Loss or Theft of Department Property (P.G. 219-20) Patrol Borough Counterterrorism Coordinator (P.G. 202-04b) Personal Radiation Detection Pager Alarms (P.G. 212-102) Required Firearms/Equipment (P.G. 204-09) Processing Unknown Substances Suspected of Being Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Materials Evidence (P.G. 212-101) Inspection of Uniforms (A.G. 305-06) FORMS AND REPORTS ACTIVITY LOG (PD112-145) PROPERTY TRANSFER RECEIPT (PD521-145) Typed Letterhead P.G. 219-31 License Plate Reader Devices Date Effective: 08-01-13 PURPOSE To provide for control, use, maintenance and accountability of License Plate Reader (LPR) devices installed in selected Department vehicles. DEFINITION LICENSE PLATE READER DEVICE (LPR) - A specialized camera and computer that is capable of quickly capturing license plate numbers on passing vehicles and then converting them into text that is automatically compared against a "hot list" of license plates of interest (e.g., stolen, wanted, suspended registration or insurance coverage, etc.) An LPR device can identify a target plate within seconds. LPR devices operate while Department vehicles are traveling at normal speeds, reading each license plate passed and alerting the LPR operator when there is a match to the "hot list." HOT LIST - a list of targeted license plate numbers and partial plate numbers that are stored locally on a vehicle's mobile digital terminal (MDT). Due to the speed of the LPR system, the volume of license plates being read and the fact that the system must notify the LPR operator of an alarm within seconds, in order to be useful, the method of using a locally stored database is utilized rather than relying on real-time communications with state or federal data sources. The LPR device is not automatically connected to NYSPIN, is not programmed to scan the state of registration on a license plate and will activate upon a partial scan match. Therefore, it is absolutely essential that the LPR operator verify the current status of a vehicle through NYSPIN prior to initiating any law enforcement action (e.g., arrest, summons, etc.) PROCEDURE When a License Plate Reader (LPR) device is installed in selected Department vehicles of assigned command: MEMBER UTILIZING LPR SYSTEM 1. Inspect LPR device for operability and serviceability in assigned vehicle at beginning of tour and report results to desk officer. 2. Activate LPR device and record in ACTIVITY LOG (PD112-145) the last time LPR device received an updated "hot list." NOTE: If the system has not received an updated "hot list" within the last twenty-four hours, the LPR operator will immediately report to a designated download site in order to receive a new update. Under no circumstances will an LPR device be utilized if it has not been updated within the last twenty-four hours. 3. Notify patrol supervisor and desk officer if LPR system becomes inoperable during tour. DESK OFFICER 4. Account for the condition of each LPR device in Department vehicles assigned to the command at beginning of each tour. a. Record results of member's inspection for each LPR device in the Command Log. 5. Enter on ROLL CALL (PD406-144) the assignment of each Department vehicle equipped with an LPR device assigned to the command (e.g., sector "A," conditions, anti-crime, etc.). 6. Notify operations coordinator when LPR device becomes inoperable and requires repair or maintenance. OPERATIONS COORDINATOR 7. Contact vendor twenty-four hours a day, seven days a week, for repairs and maintenance to an LPR device, when required. UPON THE ACTIVATION OF AN ALARM FROM THE LPR SYSTEM MEMBER UTILIZING LPR SYSTEM 8. Verify by checking NYSPIN through radio dispatcher that alarm or vehicle status remains active. NOTE: The LPR device is not automatically connected to NYSPIN, is not programmed to scan the state of registration on a license plate and will activate upon a partial scan match. Therefore, it is absolutely essential that the LPR operator verify the current status of a vehicle through NYSPIN prior to initiating any law enforcement action. 9. Take necessary law enforcement action (e.g., arrest, summons, Rotation Tow, etc.). a. Members shall be guided by P.G. 212-39, "Vehicle Pursuits," whenever they are in pursuit of a vehicle due to activation of an alarm from the LPR system. ADDITIONAL DATA The LPR system allows for the proactive entry of license plate numbers and partial plate numbers, enabling the system to activate when the wanted vehicle's license plate has been read by the LPR device. If the New York State Police activate an Amber Alert, the Communications Section will instruct all LPR operators of selected Department vehicles equipped with LPR's to manually enter the Amber Alert vehicle's license plate number into the "hot list." This will enable selected vehicles to immediately begin canvassing for an Amber Alert wanted vehicle rather than reporting to a designated download site in order to receive a new update for the "hot list." This feature is useful when canvassing for wanted vehicles that have not been classified as stolen and do not already appear on the LPR system's "hot list." The Real Time Crime Center can be contacted to conduct a search of past record of license plate numbers searched. LPR devices are intended to provide access to stolen and wanted files and may also be used in furtherance of a criminal investigation. The use of an LPR device for any other purpose is strictly prohibited. The camera lens of an LPR device may be cleaned only with a glass cleaner that is applied with a soft cloth. Other types of maintenance or manipulation by members of the Department are strictly prohibited. If the LPR is inoperable or requires maintenance, the vendor will be contacted to make the repair. A Department vehicle does not have to be placed out of service while waiting for the repair of the LPR device. RELATED PROCEDURES Vehicle Pursuits (P.G. 212-39) FORMS AND REPORTS ACTIVITY LOG (PD112-145) ROLL CALL (PD406-144) Citywide Incident Management System P.G. 220-01 CIMS: Organizational Structure Date Effective: 08/01/13 CIMS: ORGANIZATIONAL STRUCTURE PURPOSE To outline the CIMS Organizational Structure. SCOPE The CIMS organizational structure begins with the establishment of a Command Element. The Command Element must create an incident management organization that will successfully resolve the incident. Because the CIMS organizational structure is modular, it may be expanded as necessary by the Command Element to manage any type of incident or planned event, irrespective of its nature, size, scope, duration, location or complexity. Consequently, the incident management organization may be very small, e.g., the Command Element and several Single Resources; or, it may be very large, e.g., the Command Element, three Command Staff positions and five General Staff Sections. As the number and complexity of the tasks/functions that the Command Element must perform and/or manage increases, the Command Element will begin establishing an incident management organization. The Command Element may activate the appropriate Sections to manage the major CIMS functional areas, i.e., Operations, Planning, Logistics, Finance/ Administration and optional Intelligence/Investigations, and designate Section chiefs. The Command Element may also activate the appropriate Command Staff positions. Section chiefs may delegate management authority for their assigned functions/tasks, as required. The Operations Section chief may activate Sectors and/or Groups, and if necessary, Branches. The Intelligence/Investigations Section chief may activate Groups. The Logistics Section chief may activate Units, and if necessary, Branches. The Planning Section chief and Finance/Administration Section chief may activate Units. COMMAND ELEMENT In determining how to structure the incident management organization, the Command Element should consider the following: 1. Observe recommended Span of Control guidelines. 2. When necessary, delegate authority and assign personnel to perform one or more incident related tactical and/or support tasks/functions. 3. When necessary, delegate authority and assign personnel to General Staff Sections and/ or Command Staff positions to manage the performance of the tasks/functions that have been delegated and supervise the personnel to whom the tasks were assigned. 4. When determining whether to activate a General Staff Section or Command Staff position, activate and staff only the organizational elements that are necessary to manage the required functions/tasks; a. If one individual can simultaneously manage all major functions/tasks, no further organization is required. b. If one or more of the functions/tasks requires independent management, an individual or individuals are assigned to manage those functions/tasks. 5. Deactivate organizational elements no longer required. 6. The functions/tasks of any non-activated or deactivated subordinate organizational element will be managed by the overhead supervising organizational element. ADDITIONAL DATA The following illustrates a CIMS Organization with ALL of the organizational elements activated. (Figure 60) P.G. 220-02 CIMS: Primary Agency Matrix Date Effective: 08/01/13 CIMS: PRIMARY AGENCY MATRIX PURPOSE To list specific incident types and designate which Command Element structure will be utilized, i.e., Single Command or Unified Command; and, which Agency or Agencies have Command Element responsibilities for that particular incident type, i.e., are designated Primary Agency or Primary Agencies. The CIMS "Primary Agency Matrix" lists specific incident types and designates: a. Which Command Element structure will be utilized, i.e., Single Command-Command Element or Unified Command-Command Element; and, b. Which Agency will be designated Primary Agency in a Single Command-Command Element; or, which Agencies will be designated Primary Agencies in a Unified Command-Command Element. CIMS PRIMARY AGENCY MATRIX - UNIFIED COMMAND MATRIX INCIDENT TYPE PRIMARY AGENCIES POTENTIAL PRIMARY AGENCIES/SUBJECT MATTER EXPERTS * * Aviation Incident FDNY, NYPD PANYNJ, USCG, NTSB Chemical, Biological, Radiological or Nuclear (CBRN)/HazMat Incident* NYPD, FDNY USCG, DEP, DOHMH Citywide Public Health Emergency DOHMH, NYPD, FDNY HHC, GNYHA Explosion FDNY, NYPD DDC, DOB, HPD Natural Disaster / Weather Emergency OEM, NYPD, FDNY, DOT, DSNY DDC, DEP, DOB, DOHMH, Con Ed, Keyspan / LIPA Rail Incident FDNY, NYPD MTA, PANYNJ, NJT, Amtrak Utility Incident: Electric NYPD, FDNY Con Ed, Keyspan / LIPA Utility Incident: Gas NYPD, FDNY Con Ed, Keyspan / LIPA Utility Incident: Steam NYPD, FDNY Con Ed, Keyspan / LIPA Utility Incident: Water / Wastewater DEP, FDNY, NYPD Con Ed, Keyspan / LIPA Utility Incident: Telecommunications DOITT, NYPD, FDNY Verizon *CBRN / HazMat Incident NYPD will be the Primary Agency (Incident Commander) at CBRN/HazMat incidents. If NYPD determines there is no actual or suspected criminal activity or terrorism, a Unified Command will be implemented. The Operations Section will be a Unified Operations Section based on agency Core Competencies in all circumstances, with NYPD responsible for overall site management, and assessment and investigations for criminal activity or terrorism, and with FDNY responsible for Life Safety Operations (search for and rescue injured; and provide pre-hospital emergency medical care and transport; and address immediate life safety hazards to the public) and mass decontamination. For chemical incidents, DEP will make a final assessment of the hazard, adjust or set "hot", "warm" and "cold" zones, and direct all mitigation efforts. For biological or radiological incidents, DOHMH will make a final assessment of the hazard, adjust or set "hot", "warm" and "cold" zones, and direct all mitigation efforts. CBRN / HAZ-MAT INCIDENT - ACTUAL OR SUSPECTED CRIME / TERRORISM CBRN / HazMat Incident Actual or Suspected Crime or Terrorism NYPD to Determine No Actual or Suspected Crime or Terrorism NYPD to Determine NYPD Single Command Unified Operations Section Unified Command Unified Operations Section **Designation of Potential Primary Agencies/Subject Matter Experts in the Unified Command Matrix does not exclude other agencies from being designated Primary Agencies depending upon the jurisdictional issues of a specific incident. When the CIMS "Primary Agency Matrix" specifies a Unified Command-Command Element, each of the Primary Agencies in the Unified Command-Command Element will designate an "Agency Incident Commander." If there is a CBRN/HazMat incident, until the NYPD determines that there is no actual or suspected criminal activity or terrorism, the NYPD will be the one Primary Agency in a Single Command-Command Element and designate one single Incident Commander. If the NYPD determines that there is no actual or suspected criminal activity or terrorism then the NYPD will be one of the Primary Agencies in a Unified Command-Command Element and will designate an "Agency Incident Commander." When determining if there is actual or suspected criminal activity or terrorism, comply with the appropriate Department procedures. CIMS PRIMARY AGENCY MATRIX - SINGLE COMMAND MATRIX SINGLE COMMAND MATRIX INCIDENT TYPE PRIMARY AGENCY Auto Extrication Boat in Distress Citywide Cyber Incident Civil Disturbance Confined Space Rescue Correctional Facility Disturbance Downed Tree NYPD/FDNY (First to arrive) NYPD/FDNY (First to arrive) NYPD and/or DOITT NYPD FDNY DOC DPR / FDNY Elevator Incident or Emergency Emotionally Disturbed Person Entrapment / Impalement Explosive Device, Bomb Threat Fire Hostage Incident Sniper Incident Special Event Structural Collapse Suspicious Package Water / Ice Rescue FDNY NYPD FDNY NYPD FDNY NYPD NYPD NYPD FDNY NYPD NYPD When the CIMS "Primary Agency Matrix" specifies a Single Command-Command Element, the one Primary Agency in the Single Command-Command Element will designate one single Incident Commander. P.G. 220-03 CIMS: Agency Core Competencies And Unified Operations Section Date Effective: 08-19-13 PURPOSE To define and describe Agency Core Competencies at an incident. DEFINITIONS CIMS AGENCY "CORE COMPETENCIES" AND UNIFIED OPERATIONS SECTION Core Competencies are functional areas of expertise that are implemented at incidents, and relate specifically to tactical operations that are managed by the Operations Section; or if not activated, the Command Element. Core Competencies have been identified for agencies with incident management responsibilities identified in the Primary Agency Matrix. Although multiple agencies may be capable of performing similar tactical operations, CIMS assigns the Core Competency to only one specific agency. Agencies have the authority to direct tactical operations related to their Core Competencies at incidents. If more than one agency is capable of performing the same tactical operations at an incident, the agency with the Core Competency will give tactical direction, by the ranking officer, to other agencies performing operations within that Core Competency. In a Unified Command-Command Element, Agency Incident Commanders from the Primary Agencies with tactical operations responsibility and a relevant "Core Competency" will each designate an Agency Operations Section chief to direct tactical operations in a Unified Operations Section. However, if Agency Incident Commanders agree, they may select one single Operations Section chief to direct tactical operations. If there is a Single Command - Command Element at a CBRN/HazMat incident, the NYPD Incident Commander; and FDNY Supporting Agency/Agency Representative; and DEP Supporting Agency/Agency Representative; and DOHMH Supporting Agency/Agency Representative will each designate an Agency Operations Section chief to direct tactical operations in a Unified Operations Section. However, if the NYPD Incident Commander; and FDNY Supporting Agency/Agency Representative; and DEP Supporting Agency/Agency Representative; and DOHMH Supporting Agency/Agency Representative agree, they may select one single Operations Section chief to direct tactical operations. CIMS - CORE COMPETENCIES CORE COMPETENCIES AGENCY FDNY * * * * * Fire Suppression Pre-hospital Emergency Medical Care Search and Rescue Structural Evacuation CBRN / Haz-Mat Life Safety (search for & rescue injured; and provide pre-hospital emergency medical care & transport; and address immediate life safety hazards to the * public)and Mass Decontamination Arson Investigation (Cause and Origin) NYPD * Law Enforcement and Investigation * Intelligence Collection and Analysis * Crime Scene Processing / Evidence Preservation * Site Management 1. Perimeter Control 2. Traffic Control 3. Crowd Control 4. Site Security and Force Protection 5. Evacuation (Area and /or Law Enforcement related) * Water Search and Rescue * CBRN / Haz-Mat Overall Site Management, Assessment and Investigation (Crime Scene / Terrorism) * Collision Investigation * VIP Protection * Arson Investigation (Major Case) DOB * Damage Assessment (Structural) Re-occupancy (Structural) DCAS * Public Buildings: Infrastructure Assessment, Repair and Reconstruction DDC * Technical Debris Management Operations * Technical Stabilization, Remediation and Demolition * Public Buildings, Roadways, Water and Wastewater: Infrastructure Assessment, Repair and Reconstruction DEP * Environmental Monitoring, Sampling, Evaluation and Analysis * Environmental Mitigation (Chemical) * Environmental Law Enforcement * Water and Wastewater: Infrastructure Assessment, Repair and Reconstruction DOHMH * Disease Surveillance and Epidemiology * Public Health Orders, Clinical Guidance and Risk Communication * Mass Prophylaxis / Vaccination * Laboratory Testing (Biological and Radiological) * Public Health Assessment * Environmental Mitigation (Radiological and Biological) * Animal-Related Surveillance and Vector Control * Mental Health Needs Assessment and Service Coordination HPD * Stabilization, Remediation and Demolition * Tenant Relocation DOITT * Telecommunications: Infrastructure Assessment, & Building Repair and Reconstruction OCME * Fatality Management Operations OEM * Interagency Coordination and Support DPR * Forestry * Parks: Infrastructure Assessment, Repair and Reconstruction DSNY * Debris Management Operations (Non-Toxic and Non-Hazardous Debris) * Snow Removal Operations DOT * Bridges and Roadways: Infrastructure Assessment, Repair and Reconstruction * Transportation Systems Management * Staten Island Ferry Operations Con Ed * Electric, Gas and Steam: Infrastructure Assessment, Repair and Reconstruction Keyspan / LIPA * Electric and Gas: Infrastructure Assessment, Repair and Reconstruction Verizon * Telecommunications: Infrastructure Assessment, Repair and Reconstruction P.G. 220-04 CIMS: Agency Roles Date Effective: 08/01/13 CIMS: AGENCY ROLES PURPOSE To define and describe CIMS Agency Roles. PROCEDURE When responding to an incident, Agency Roles will be defined and described as follows: DEFINITIONS PRIMARY AGENCY - Based upon the incident type, the CIMS Primary Agency Matrix will designate one agency as the Primary Agency to command a Single Command Command Element. The Primary Agency will designate one single Incident Commander who will have overall command responsibility for managing the incident. NOTE: The Primary Agency, Incident Commander will designate the Operations Section chief. However, for a CBRN/HazMat incident there will be a Unified Operations Section. In a Unified Operations Section the NYPD Incident Commander, the FDNY Supporting Agency/Agency Representative, the DEP Supporting Agency/Agency Representative, and the DOHMH Supporting Agency/Agency Representative will each designate an Agency Operations Section chief. However, the NYPD Incident Commander and the FDNY and DEP and DOHMH Supporting Agency/Agency Representatives may all agree to designate only one Operations Section chief. The Primary Agency, Incident Commander will coordinate with the Supporting Agencies to successfully achieve the Incident Objectives. PRIMARY AGENCIES Based upon the incident type, the CIMS Primary Agency Matrix will designate more than one Primary Agency, called Primary Agencies, to command a Unified Command-Command Element. Each of the Primary Agencies will designate an Agency Incident Commander. All Agency Incident Commanders will co-locate and remain at one single Incident Command Post, will jointly set Incident Objectives and create one single Incident Action Plan. NOTE: The Agency Incident Commanders in the Unified Command-Command Element will each designate an Agency Operations Section chief. However, the Agency Incident Commanders may all agree to designate only one Operations Section chief. The Agency Incident Commanders in the Unified Command - Command Element will coordinate with the Primary Agencies and the Supporting Agencies to successfully achieve the Incident Objectives. POTENTIAL PRIMARY AGENCIES - Potential Primary Agencies are state and federal Agencies that have functional, political, or geographic/administrative jurisdictional authority/responsibility at an incident under specific conditions. For example, incidents occurring at airports, national parks, railway facilities, military facilities; or, terrorism related incidents; or, aviation incidents. If these state and federal Agencies have jurisdictional authority/responsibility, they will be included in the Unified Command-Command Element and the Unified Operations Section. SUBJECT MATTER EXPERT AGENCIES – Agencies that do not have personnel deployed to tactical assignments involving an incident; but, do have specific scientific, engineering or other technical expertise involving incident related tactical operations. P.G. 220-05 CIMS: Command Element Date Effective: 08/01/13 CIMS: COMMAND ELEMENT PURPOSE To outline the duties of the Command Element in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Command Element are: COMMAND ELEMENT 1. Assume responsibility for overall incident management; and, assume command of all strategic, tactical, investigative, and support incident management functions, operations, activities, etc. a. In a Single Command-Command Element, assume the position of Incident Commander. b. In a Unified Command-Command Element, Incident Commander for the NYPD; and, work Agency Incident Commander(s) designated by have command responsibility in the Unified assume the position of Agency collaboratively with the other each of the Primary Agencies that Command-Command Element. c. If there is a CBRN/HazMat incident, until the NYPD determines that there is no actual or suspected criminal activity or terrorism, assume the position of Incident Commander in a Single Command-Command Element. If the NYPD determines that there is no actual or suspected criminal activity or terrorism then assume the position of Agency Incident Commander for the NYPD in a Unified Command-Command Element. When determining if there is actual or suspected criminal activity or terrorism, comply with the appropriate Department procedures. 2. Obtain complete briefing from previous Command Element when applicable; assess the situation; make a preliminary determination regarding the nature, scope, complexity, location, size, duration, boundaries, etc., of the incident; and notify: a. Desk Officer, Precinct of occurrence. b. Patrol Borough Office, Borough of occurrence. c. Operations Unit. d. Communications Section dispatcher and/or supervisor. 3. Ensure incident safety and that adequate force protection, security, health and safety measures are implemented. a. Intervene in and/or suspend any incident management operations, functions, activities, etc., to prevent, stop, and/or correct hazardous, unhealthy or unsafe activities, functions and conditions. b. Ensure all incident executives, managers, supervisors, and personnel make safety the #1 priority. 4. Ensure accountability, safety, health, force protection and security measures are developed and implemented for personnel, vehicles, equipment, facilities, and other resources. 5. Establish incident management priorities including Life Safety Operations (immediate #1 priority); Site Management Operations; Investigative Operations and Recovery/Restoration Operations. 6. Ensure Life Safety Operations, Site Management Operations, Investigative Operations, Recovery/Restoration Operations and any other necessary operations, activities, functions, etc., are expeditiously and properly conducted in a coordinated manner; and, are implemented and conducted concurrently and/or consecutively in whatever sequence is deemed appropriate. a. Life Safety Operations are the immediate #1 priority. Absent extraordinary emergency circumstances, Life Safety Operations supersede all other incident management operations. b. Ensure the first properly trained and equipped emergency responder personnel assess/ evaluate the incident and, if capable, initiate Life Safety and Site Management Operations. c. Consult with the Primary Agency(ies), Supporting Agency(ies) and Coordinating Agency regarding the implementation of Site Management Operations. d. If approved by the Command Element, Investigative Operations may be initiated concurrently with Life Safety Operations. e. In order to avoid interfering with Investigative Operations, particularly the processing of Crime Scenes and Investigative Scenes, Recovery/Restoration Operations usually will not be commenced until Investigative Operations have concluded. However, if approved by the Command Element, Recovery/Restoration Operations may be initiated concurrently with Investigative Operations and/or Life Safety Operations. f. Depending upon the circumstances, different incident management operations/activities may be initiated and conducted concurrently and/or consecutively in whatever sequence is deemed appropriate by the Command Element. 7. Utilize "Management by Objectives" principles, and determine Incident Objectives, Strategies and Tactical Direction. a. The Incident Objectives identify what must be accomplished in order to successfully resolve the incident. (1) All Incident Objectives must be: i. Attainable considering the existing incident management related limitations and constraints. ii. Measurable in order to determine whether they are being effectively, efficiently and expeditiously achieved. iii. Adaptable/flexible to provide for alternative Strategies and tactical operations. (2) The time required to successfully resolve the incident and the length of the Operational Period(s) should be considered when determining the Incident Objectives. b. Strategy describes the general method or methods that should be used, either singly or in combination and either consecutively or simultaneously, to effectively, efficiently and expeditiously achieve the Incident Objectives. One or more appropriate Strategies should be identified for each Incident Objective; and if possible, there should be an alternative Strategy(ies) for each Incident Objective. Strategies should be feasible, practical, effective, efficient and ensure safety/security. When identifying Strategies, the time required to successfully resolve the incident and the length of the Operational Period(s) should be considered. c. Tactical Direction is provided by the Command Element. However, the Operations Section chief, if that position has been activated, is responsible for formulating and executing the specific tactical operations/activities required to accomplish the Incident Objectives. Tactical Direction involves: (1) Identifying the tactics/actions appropriate to the selected Strategy(ies) that must be performed in order to achieve the Incident Objectives. (2) Identifying the required resources/support and determining availability. (3) Ensuring there is sufficient logistics service and support. (4) Deploying the required resources and maintaining appropriate reserves. (5) Monitoring the performance of the organization and the resources in order to measure whether the Incident Objectives are being effectively, efficiently, and expeditiously achieved. (6) Identifying and implementing necessary modifications. (7) Considering the time required to successfully resolve the incident and the length of the Operational Period(s). 8. Determine the required number, Kind and Type of resources; and, request that those resources promptly respond to the appropriate location, i.e., Staging Area(s). 9. Ensure arriving resources, and resources that initially responded directly to the incident scene, properly "Check-In", and are appropriately organized, e.g., Single Resources, Resource Teams, Special Response Teams. 10. Ensure arriving resources, and resources that initially responded directly to the incident scene are assigned and deployed to appropriate incident related tactical, investigative, support, supervisory, etc., operations, functions and activities; and/or, are retained at the Staging Area(s) in an "Available" status awaiting assignment. a. Ensure there are adequate reserves maintained. 11. Work collaboratively and coordinate with the Primary Agency(ies), Supporting Agency(ies), Coordinating Agency; and, other appropriate governmental agencies, non-governmental organizations, private entities/individuals. a. The NYC Office of Emergency Management (OEM) is New York City's Coordinating Agency. OEM may respond to multi-agency incidents and participate in a Unified Command or Single Command incident management organization. b. Do NOT wait for a representative from OEM to arrive on the scene to begin inter-agency coordination. The Command Element must immediately begin coordinating the activities of all of the involved governmental agencies, non-governmental organizations, private entities/individuals, etc. 12. Select an appropriate location and establish the Incident Command Post (ICP). If there is a Unified Command-Command Element, Agency Incident Commanders will jointly select an appropriate location to establish the Incident Command Post. a. Initially, the Incident Command Post will be wherever the Command Element is located. b. The Incident Command Post can be any type of facility that is available and appropriate, e.g., vehicle, trailer, tent, open area, room in a building. The Incident Command Post should be large enough to provide adequate work space for the assigned personnel. The Incident Command Post should contain situation information and resource status displays and other planning related information. c. There is only one single Incident Command Post for an incident irrespective of whether there is a Single Command-Command Element or a Unified Command - Command Element. The Incident Command Post will be identified by the name of the incident. d. Choose a location that is a reasonable and appropriate distance from the incident site; and, will provide for safety, health, security and force protection; and, will provide easy and expeditious access and egress; and, is sufficiently large and will allow for expansion; and, will permit continuous operations; and, will provide adequate workspace and utility/ communications service. Generally, the Incident Command Post will be located within the Site Access Control/Outer Perimeter. e. Ensure adequate safety, health, security and force protection measures are implemented regarding the Incident Command Post. f. Whenever possible, the Incident Command Post should not be relocated. However, it may be necessary to relocate the Incident Command Post if the incident evolves/progresses and circumstances or conditions change. For example, during the initial stages of an incident the situation may rapidly change and the Incident Command Post may have to be relocated one or more times; or, the Incident Command Post may have to be relocated if an Operations Section Post is activated; or, a change in incident size/location may require relocation of the Incident Command Post in order to improve command, operations, communications, etc.; or, relocation of the Incident Command Post may be required in order to resolve safety, health, security or force protection issues. g. Notify the following of the location and telephone number(s) of the Incident Command Post: (1) Desk Officer, Precinct of occurrence. (2) Patrol Borough Office, Borough of occurrence. (3) Communications Division dispatcher and/or supervisor. (4) Operations Unit. (5) NYPD Emergency Operations Center, if activated. (6) Other appropriate NYPD units and/or personnel. (7) Other appropriate governmental agencies, non-governmental organizations and/or private entities/individuals. h. Request Incident Command Post flag, banner, beacon, sign or other distinctive marker. i. Request Incident Command Post vehicle(s), if required. 13. Manage the incident from the Incident Command Post (ICP). a. The Incident Command Post is the location where the Command Element, i.e., Single Command, Incident Commander or Unified Command, Agency Incident Commanders, will remain and perform the command function. The Incident Command Post provides a central coordination point from which the Command Element, Command Staff, each appropriate Supporting Agency/Agency Representatives, Coordinating Agency, General Staff planning functions and certain General Staff support functions will normally operate. b. The Command Element, necessary members of the Command Staff, necessary members of the General Staff, each required Supporting Agency/Agency Representatives and Coordinating Agency, will report to the Incident Command Post as soon as possible; remain together; develop the Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, etc.; and, formulate one single Incident Action Plan. c. Depending upon the nature, size, complexity, location, duration, etc., of the incident, some members of the General Staff and Command Staff may be situated/operating at other locations. However, they will attend planning meetings conducted at the Incident Command Post and will remain in close contact with the Command Element. 14. Establish an appropriate organizational structure and continuously monitor the operation and effectiveness of that organization. In determining how to structure the incident management organization, the Command Element should consider the following: a. Comply with recommended Span of Control principles. b. When necessary, delegate authority and assign personnel to perform one or more incident related tactical and/or support tasks/functions. c. When necessary, delegate authority and assign personnel to the Command Staff positions and/or to General Staff Sections, to manage the performance of the tasks/functions that have been delegated and supervise the personnel to whom the tasks were assigned. d. When determining whether to activate a General Staff Section or Command Staff position, activate and staff only the organizational elements that are necessary to manage the required functions/tasks; (1) If one individual can simultaneously manage all major functions/tasks, no further organization is required. (2) If one or more of the functions/tasks requires independent management, an individual or individuals are assigned to manage those functions/tasks. e. Deactivate organizational elements no longer required. f. The functions/tasks of any non-activated or deactivated subordinate organizational element will be managed by the overhead supervising organizational element. 15. Perform the duties and retain responsibility for the functions of any General Staff Sections and Command Staff positions that are not activated or are deactivated. 16. When appropriate, activate required Command Staff positions i.e., Public Information, Safety, Liaison, other required position(s); and designate qualified personnel as Command Staff "officers". a. May assign one person to more than one Command Staff position. However, do not combine the functions of different Command Staff positions into a "hybrid" Command Staff position. b. The number of Assistants assigned to a particular Command Staff position will be determined by the respective Command Staff officer after conferring with the Command Element, and will depend upon the nature, size, complexity, location, duration, etc., of the incident. c. Based upon the nature, complexity, location, size, duration, etc., of the incident; and, specific capabilities, limitations, needs, requirements, etc., of the Command Element, additional Command Staff positions other than the Public Information, Safety, and Liason positions may be activated; and, qualified personnel may be designated as the additional Command Staff officers, e.g., Attorney-Legal officer, Epidemiologist-Medical officer, Structural Engineer-Engineering officer, Chemist-Science officer. d. If there is a Unified Command–Command Element, all of the Agency Incident Commanders will jointly designate one Public Information officer and the one Liaison officer. However, the Mayor's Press Office has the authority and may designate the one Public Information officer; and, the NYC Office of Emergency Management (OEM) has the authority and may designate the one Liaison officer. e. When the NYPD is one of the Primary Agencies in a Unified Command-Command Element, if the Liaison officer position and/or the Public Information officer position is activated, absent unusual circumstances, the NYPD Agency Incident Commander should make every effort to have a member of the NYPD designated as the Liaison officer and have a member of the NYPD designated as the Public Information Officer; or if that is not possible, have a member of the NYPD designated as an Assistant to a non NYPD Liaison officer and have a member of the NYPD designated as an Assistant to a non NYPD Public Information officer. f. If there is a Single Command–Command Element, the Incident Commander may designate the one Liaison officer; however, OEM has the authority and may designate the one Liaison officer. g. If there is a Single Command-Command Element, the Incident Commander may designate the one Public Information Officer; however, the Mayor's Press Office has the authority and may designate the one Public Information officer. h. If there is a Unified Command–Command Element, each of the Agency Incident Commanders will designate an Agency Safety officer. However, if all of the Agency Incident Commanders agree, they may jointly designate one Safety officer. i. If there is a Single Command–Command Element at a CBRN/HazMat incident, the NYPD Incident Commander; and FDNY Supporting Agency/Agency Representative; and DEP Supporting Agency/Agency Representative; and DOHMH Supporting Agency/Agency Representative will each designate an Agency Safety officer. However, if the NYPD Incident Commander; and FDNY Supporting Agency/Agency Representative; and DEP Supporting Agency/Agency Representative; and DOHMH Supporting Agency/Agency Representative all agree, they may jointly designate one Safety officer. j. If there is a Single Command-Command Element, except for a CBRN/HazMat incident, the Incident Commander will designate the one Safety Officer. 17. When appropriate, activate required General Staff Sections, i.e., Operations, Planning, Logistics, Finance/Administration, Intelligence/Investigations; and, assign qualified personnel as Section "chiefs". a. May assign one person to be the chief of more than one General Staff Section. However, do not combine the functions of different General Staff Sections into a "hybrid" General Staff Section. b. The number of personnel assigned to a particular General Staff Section will be determined by the respective General Staff Section chief after conferring with the Command Element, and will depend upon the nature, size, complexity, location, duration, etc., of the incident. c. If there is a Single Command-Command Element, the Incident Commander will designate the one Planning Section chief; and, the one Logistics Section chief; and, the one (1) Finance/Administrative Section chief; and, the one Intelligence/Investigation Section chief. d. If there is a Single Command-Command Element, except for a CBRN/HazMat incident, the Incident Commander will designate the one Operations Section chief. e. If there is a Unified Command-Command Element, all of the Agency Incident Commanders will jointly designate one Section chief for each activated General Staff Section with the exception of the Operations Section. When the NYPD is one of the Primary Agencies in a Unified Command-Command Element, absent unusual circumstances, the NYPD Agency Incident Commander should make every effort to have a member of the NYPD designated as the one Section chief for each activated General Staff Section; or if that is not possible, have a member of the NYPD designated as a Deputy to each non NYPD General Staff Section chief. 18. Activate a "Unified Operations Section" when there is a Single Command-Command Element at a CBRN/HazMat incident; or, anytime there is a Unified Command-Command Element. a. If there is a Unified Command-Command Element, Agency Incident Commanders from each of the Primary Agencies with tactical operations responsibility and a relevant "Core Competency" will each designate an Agency Operations Section chief to direct tactical operations in a Unified Operations Section. However, if all of the Agency Incident Commanders agree, they may jointly designate one Operations Section chief. b. If there is a Single Command-Command Element at a CBRN/HazMat incident, the NYPD Agency Incident Commander; and FDNY Supporting Agency/Agency Representative; and DEP Supporting Agency/Agency Representative; and DOHMH Supporting Agency/ Agency Representative will each designate an Agency Operations Section chief to direct tactical operations in a Unified Operations Section. However, if the NYPD Incident Commander; and FDNY Supporting Agency/Agency Representative; and DEP Supporting Agency/Agency Representative; and DOHMH Supporting Agency/Agency Representative all agree, they may jointly designate one Operations Section chief. c. Core Competencies are functional areas of expertise that are implemented at incidents, and relate specifically to tactical operations that are managed/directed by the Operations Section, or the Command Element if the Operations Section has not been activated. Core Competencies have been identified for Agencies with incident management responsibilities identified in the Primary Agency Matrix. Although multiple Agencies may be capable of performing similar tactical operations, CIMS assigns the Core Competency to one single Agency. d. Agencies have the authority to direct tactical operations related to their Core Competencies at incidents. If more than one agency is capable of performing the same tactical operations at an incident, the agency with the Core Competency will give tactical direction, by the ranking officer, to other agencies performing operations within that Core Competency. 19. Ensure tactical operations, functions, and activities are expeditiously implemented, properly managed and directed in the appropriate manner: a. If there is a Unified Operations Section, each Agency Operations Section chief will direct the tactical operations involving their Agencies' Core Competencies. Each Agencies' Core Competencies are listed in the CIMS Core Competency chart. b. If there is a Single Operations Section, the one Operations Section chief will direct all tactical operations. 20. Ensure tactical assignments are based upon the responding Agencies' functional capabilities, e.g., resources, expertise, training, experience skills; and, legal/jurisdictional authority, mission and responsibilities. 21. Coordinate and direct the activities of the Command Staff and General Staff. 22. When necessary, implement an appropriate organizational structure, i.e., incident management "Expansion Option," to manage an extremely complex, severe and extensive incident; or, more than one incident; or, one extremely large incident. Incident Management Expansion Options include: a. Activating an Incident Complex. b. Activating a second Operations Section. c. Activating a second Logistics Section. d. Conducting Operations Section/Branch level tactical planning. e. Having the Planning Section conduct advance/long range planning and contingency planning. f. Dividing a single extremely large incident into two or more separate incidents; and, activating a separate Command Element and appropriate incident management organization to resolve each of the separate incidents. 23. When appropriate, coordinate incident management operations and activities with other associated incident management organizations, entities, systems, facilities, etc., i.e., Area Command, Multi-Agency Coordination (MAC) Group, Emergency Operations Center (EOC) and/or Joint Information Center (JIC). 24. Continually monitor/evaluate the incident management organizational structure; and, the performance of the Deputy(ies), General Staff Section "chiefs," Command Staff "officers" and as appropriate, other incident management personnel. a. Make appropriate modifications when necessary. 25. Ensure that Command Staff and General Staff understand: a. They may interact and communicate with any position within the incident management organization. b. Absent emergency circumstances, direction may only be given through the established Chain of Command. c. Absent extraordinary circumstances, resource orders/requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. 26. Ensure that appropriate "procedural" and "technological" measures are implemented to ensure effective and efficient integrated inter-agency interoperable communications. a. When appropriate, implement the use of Borough/Citywide "repeated" interoperable radio frequencies and/or tactical "point-to-point" interoperable radio frequencies. b. When appropriate and necessary, utilize the NYC Agencies' Citywide "repeated" interoperable 800 MHz radio frequency. c. Ensure that all incident personnel use clear text for inter-agency communications and communicate using CIMS nomenclature/terminology. d. Ensure all incident personnel observe strict radio and telephone communications discipline and limit communications to essential information. e. When necessary, ensure radio and mobile phone interconnect systems are used to enhance interoperable communications. f. Ensure a Communications Plan is developed and implemented. (1) The Communications Plan will ensure effective, efficient and expeditious inter-agency interoperable communications. (2) The Communications Plan will be a component of the Incident Action Plan. (3) Depending upon the circumstances, the Communications Plan may be written or verbal. 27. Manage Life Safety Operations. a. The immediate # 1 priority. b. Tactical activities taken to preserve and protect public safety including tactical activities: (1) Required to stabilize the incident. (2) Implemented in response to imminent hazards or threats to life. c. Life Safety Operations do not include personal safety measures. d. Intervene in and/or suspend Life Safety Operations to prevent, stop and/or correct hazardous, unhealthy or unsafe activities, functions and conditions. 28. Manage Site Management Operations. a. Consult with the Primary Agency(ies), Supporting Agency(ies) and Coordinating Agency regarding the implementation of Site Management Operations including the establishment of perimeters and the implementation of Emergency Credentialing operations. 29. Manage Investigative Operations. a. When there is a considerable investigative or intelligence component to the management or resolution of an incident, the Command Element should establish an Intelligence/ Investigations Section as part of the General Staff. In unusual situations, when the Intelligence/Investigations function is not a considerable component of the management or resolution of an incident, it may be organized as a Branch or Group within the Operations Section rather than as a separate General Staff Section. In extremely unusual situations when the Intelligence/Investigations function is minimal, it may be organized as a Command Staff position or Planning Section/Situation Unit function. b. When appropriate, ensure investigative and intelligence considerations are included in the Incident Objectives, and Investigative Operations are incorporated into the Incident Action Plan. c. When appropriate, ensure that the Primary Agency(ies), Supporting Agency(ies) and Coordinating Agency personnel avoid or minimize interference with Investigative Operations, particularly the processing of Crime Scenes and Investigative Scenes. 30. Manage Recovery/Restoration Operations. a. Recovery/Restoration Operations include final mitigation of the incident and a return to non-emergency conditions. b. The Coordinating Agency will facilitate, coordinate and support Recovery/Restoration Operations. 31. Designate a Deputy or Deputies when necessary. a. The Deputy is the counterpart of the principal. Therefore, the Deputy should have the same qualifications, i.e., knowledge, skills, experience, as the principal; and must be capable of assuming the principal's position. b. The role of the Deputy is flexible and the Deputy may: (1) Collect incident related information, monitor performance, evaluate incident operations/ resources and communicate with the principal, i.e., be the "eyes and ears" of the principal. (2) Make important notifications, e.g., Bureau Chief, Patrol/Detective Borough Commander, Operations Unit, Emergency Operations Center if activated, Area Command if activated. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. c. The Deputy may be a member of a different Agency/Jurisdiction than the principal. For example, the Deputy may be a member of an Agency/Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. d. Designating a Deputy who is a member of a different Agency/Jurisdiction may significantly increase inter-agency coordination and cooperation. 32. Ensure responding Agencies do not allocate, deploy or assign unnecessary or inappropriate resources to the incident; and, ensure required resources respond to the incident scene in a controlled fashion and are deployed in an organized/coordinated manner. 33. Ensure planning meetings are scheduled as needed and are properly managed. 34. Formulate, approve and authorize the implementation of one single Incident Action Plan. The Incident Action Plan may be verbal or written. a. Closely monitor and evaluate the implementation of the Incident Action Plan. b. Modify the Incident Action Plan when necessary. 35. Approve requests/orders for additional resources. 36. Approve requests/orders for the release/demobilization of resources from the incident. 37. Authorize release of information to the news media and/or public. a. Determine what recommended health, safety and security related protective measures must be communicated to the public, e.g., evacuate, shelter in place, change clothes, wash. b. When appropriate, disseminate Emergency Public Information to the media and the public. c. If the incident is large, complex, exceedingly newsworthy, involves several Supporting Agencies, etc., release information to the media and the public by conducting a joint - Agency press conference(s). d. When necessary, utilize a Joint Information System and establish and maintain a Joint Information Center that will be staffed by public affairs personnel from all of the Primary Agencies and Supporting Agencies. (1) In extremely unusual circumstances, multiple Joint Information Centers may be established. (2) When appropriate, collaborate with the office of the Deputy Commissioner, Public Information, the Mayor's Press Office and OEM, to activate a Joint Information System and establish a Joint Information Center(s). 38. Ensure all appropriate records, forms, logs, reports, etc., regarding incident related operations, functions, conditions, occurrences and activities are properly prepared, filed, maintained, secured, stored, etc. 39. Continually monitor performance, analyze data/information, evaluate operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Make required modifications to the current Incident Action Plan, including Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, etc. b. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. 40. Ensure that the required number and type of Incident Facilities are established at appropriate locations. Locations will be chosen that will: a. Are a reasonable and appropriate distance from the incident; b. Provide for adequate safety, health, security and force protection; c. Provide easy and expeditious access and egress; d. Are sufficiently large enough and will allow for expansion; e. Will permit continuous operations; f. Provide adequate work space and utility/communications services. 41. Ensure that when "Transfer of Command" occurs, it is performed in an appropriate organized manner. a. There should be a face to face Transfer of Command, if possible. b. The incoming Command Element must obtain a comprehensive briefing from the outgoing Command Element that includes all essential information necessary to ensure effective and efficient management of the incident. c. Information included in the Transfer of Command briefing should be recorded and/or displayed, if possible. d. Identify a specific time for Transfer of Command to occur. When possible, for an on-going incident, Transfer of Command should occur at the start of a new Operational Period. e. Notifications must be made to the Primary Agency(ies); Supporting Agency(ies)/Agency Representatives; the Coordinating Agency; Command Staff; General Staff; all incident management supervisory personnel; Communications Division dispatcher and/or supervisor; and other appropriate personnel. 42. Ensure compliance with "Span of Control," "Chain of Command" and "Unity of Command" incident management principles. a. Span of Control: The number of personnel that can be effectively managed by one supervisor; or, the number of subordinate organizational elements that can be effectively managed by one overhead supervising organizational element. (1) The recommended Span of Control should be from 1:3 to 1:7; or, for law enforcement operations from 1:8 to 1:10. b. Unity of Command: Every subordinate has only one designated supervisor, and the subordinate reports to that supervisor. c. Chain of Command: A series of management positions in order of authority; and, a designated line of authority within the personnel ranks and organizational levels of the incident management organization where subordinate personnel ranks/organizational levels report to and receive direction from the overhead supervising personnel ranks/organizational levels. 43. When appropriate, order the demobilization of some or all of the incident resources, operations, organizational elements, facilities, sites and other appropriate incident related functions/activities. 44. When demobilization occurs, comply with appropriate demobilization procedures and, if applicable, the Demobilization Plan. 45. Ensure all required incident related "After-Action" briefings, reports, meetings, critiques and other activities are expeditiously and properly performed. ADDITIONAL DATA The Command Element may be structured in one of two ways: 1. Single Command: a. When the CIMS "Primary Agency Matrix" specifies a Single Command-Command Element, the one Primary Agency in the Single Command-Command Element will designate one single Incident Commander. (1) A Primary Agency is defined as the Agency authorized by CIMS to have overall responsibility for an incident, including overall management of strategic and tactical operations. b. The designated Incident Commander has overall incident management responsibility; develops the Incident Objectives; formulates and implements one single Incident Action Plan; manages all operational and support activities; and, approves all requests pertaining to the ordering and release of incident resources. The Incident Commander is responsible for working collaboratively with the Supporting Agency(ies) and Coordinating Agency. 2. Unified Command: a. When the CIMS "Primary Agency Matrix" specifies a Unified Command-Command Element, each of the Primary Agencies in the Unified Command-Command Element will designate an "Agency Incident Commander". (1) Incidents managed by a Unified Command-Command Element will have more than one Primary Agency called Primary Agencies. b. The Agency Incident Commanders will co-locate and remain at one single Incident Command Post and jointly establish a common set of Incident Objectives, Strategies, Tactical Direction and priorities. They will manage one integrated organizational structure, a joint planning process and a joint resource management process. The Agency Incident Commanders will formulate and implement one single Incident Action Plan that includes an inter-agency integrated Communications Plan. They will jointly execute integrated tactical operations, implement interoperable communications technological and procedural measures when required and maximize the use of assigned resources. The Agency Incident Commanders are responsible for working collaboratively with the Primary Agencies, Coordinating Agency and Supporting Agency(ies). c. When a Unified Command-Command Element is established, all Agency Incident Commanders are at an equal level of authority in the Command Element regardless of their designated Agency rank, i.e., Fire Captain, Police Sergeant, EMS Lieutenant, etc. P.G. 220-06 CIMS: Public Information Officer Date Effective: 08/01/13 CIMS: PUBLIC INFORMATION OFFICER PURPOSE To outline the duties of the Public Information officer in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Public Information Officer are: PUBLIC INFORMATION OFFICER 1. Assume the position of Public Information officer as part of the Incident Management Team; and, manage public information activities including: a. Responding to inquiries from media and/or the public. b. Developing incident related information for the media and the public. c. Absent unusual circumstances, acting as the spokesperson for all of the governmental agencies, non-governmental organizations and private entities/individuals involved in incident management activities. 2. Confer with the Command Element in order to: a. Obtain approval prior to releasing information to the media and/or the public. b. Determine any limitations and constraints on the information to be released to the media and/or the public. 3. After obtaining approval from the Command Element, when appropriate, perform the following functions: a. Expeditiously formulate and disseminate unified, consistent, concise, clear, comprehensive and accurate official information to the media and the public. b. Conduct media briefings. c. Distribute written media releases. d. Release Emergency Public Information, public warnings and recommended incident related public health, safety, and security protective measures. e. Arrange for tours, interviews of incident personnel and incident related photo/video/ television opportunities. f. Establish and supervise an appropriate number of media placement areas that have sufficient space and are appropriately located so as not to interfere with incident management operations, or compromise the confidentiality/security of incident management activities. g. If the incident is large, complex, exceedingly newsworthy, involves several Supporting Agencies, etc., release information to the media and the public by conducting one or more joint – Agency press conferences. 4. Provide advice and support to the Command Element regarding incident related media, public information and public affairs issues. 5. Develop and, after obtaining the required approval, implement media, public information and public affairs related plans, policies, procedures, strategies, programs, operations, activities, functions, etc. 6. In situations involving scientific, engineering or other technical incident management procedures, plans, strategies, operations, activities, functions, etc., the Public Information officer may request the Supporting Agency(ies) and/or Primary Agency(ies) with the appropriate technical Core Competency(ies) to provide advice/assistance, and/or to provide the necessary information directly to the media and the public. 7. Identify, control and correct incident related rumors, disinformation, misinformation, inaccurate/incorrect information, conflicting information, etc. 8. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. 9. Monitor the media and forward any useful media information to the Command Element, Planning Section, Intelligence/Investigations function, and any other appropriate General Staff Sections or Command Staff positions. a. Monitor information provided by governmental agencies, non-governmental organizations and private entities/individuals and forward any useful information to the Command Element, Planning Section, Intelligence/Investigations function, and any other appropriate General Staff Sections or Command Staff positions. 10. Coordinate with the Command Element, Operations Section, Intelligence/Investigations function and other appropriate General Staff Sections and Command Staff positions to ensure that all public information activities are reconciled with and do not compromise intelligence, investigative, support, operational, etc., confidentiality or security. 11. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders/requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. 12. When necessary, utilize a Joint Information System; and if established, closely coordinate, communicate and maintain liaison with the Joint Information Center (JIC), or in extremely unusual circumstances, multiple Joint Information Centers. a. When appropriate, represent the NYPD in the Joint Information Center(s), if established. b. If there is a Single Command-Command Element, the Joint Information Center spokesperson will be designated by the Mayor's Press Office, and absent unusual circumstances, will be the Public Information officer. c. If there is a Unified Command-Command Element, the Joint Information Center spokesperson will be designated by the Mayor's Press Office. 13. Designate an Assistant or Assistants when necessary after conferring with the Command Element. a. The Assistant is a subordinate to the principal. b. The Assistant does not have to possess the same qualifications, i.e., knowledge, skills, or experience, as the principal. The Assistant may possess a level of technical and non-technical ability that is less than the principal; and will be given less responsibility than the principal. c. The role of the Assistant is flexible, and the Assistant may: (1) Collect incident related information, monitor performance, evaluate incident operations/resources and communicate with the principal, i.e., be the "eyes and ears" of the principal. (2) Make notifications. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. d. The Assistant may be a member of a different Agency/Jurisdiction than the principal. For example, the Assistant may be a member of an Agency/Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. 14. Absent unusual circumstances, establish a work location at or in the vicinity of the Incident Command Post. When identifying an appropriate work location consider the following: a. Remain close to the Incident Command Post to ensure easy and expeditious access to incident information, and to be able to expeditiously confer with the Command Element. b. Generally, there must be an area for media interactions and formal briefings. c. There should be sufficient space for displays and handout material. d. Tours, interviews of incident personnel and incident related photo/video/television opportunities, etc., may have to be arranged. 15. Participate in the planning meetings when appropriate, and assist in the development of the Incident Action Plan. a. Prepare any required public information related plans. b. Ensure that the public information aspects of the Incident Action Plan are properly formulated and implemented. c. Provide advice to the Planning Section regarding the public information aspects of the Demobilization Plan. 16. Prepare and maintain appropriate records, forms, logs, reports, etc., regarding the Public Information officer functions/activities. 17. Continually monitor/evaluate the organization and effectiveness of the Public Information function; and, the performance of the Assistant(s). a. Make appropriate modifications when necessary. 18. Continually monitor performance, analyze data/information, evaluate incident operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related media and public information issues. b. Recommend to the Command Element, any necessary modifications to the current Incident Action Plan, including media/public information issues, Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, etc. c. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. ADDITIONAL DATA If there is a Single Command-Command Element, the Incident Commander may designate the one Public Information officer; however, the Mayor's Press Office has the authority and may designate the one Public Information officer. When the NYPD is the Primary Agency in a Single Command-Command Element, if the Public Information officer position is activated, absent unusual circumstances, the Incident Commander should make every effort to have a member of the NYPD designated as the Public Information officer; or if that is not possible, designated as an Assistant to a non-NYPD Public Information officer. Whenever possible, the Incident Commander should designate a member of service assigned to the Office of the Deputy Commissioner, Public Information to perform the functions of the Public Information officer; or if that is not possible, to perform the functions of an Assistant to a non-NYPD Public Information officer. If there is a Unified Command-Command Element, all of the Agency Incident Commanders will jointly designate the one Public Information officer; however, the Mayor's Press Office has the authority and may designate the one Public Information officer. When the NYPD is one of the one Primary Agencies in a Unified Command-Command Element, if the Public Information officer position is activated, absent unusual circumstances, the NYPD Agency Incident Commander should make every effort to have a member of the NYPD designated as the Public Information officer; or if that is not possible, designated as an Assistant to a non-NYPD Public Information officer. Whenever possible, the NYPD Agency Incident Commander should designate a member of service assigned to the Office of the Deputy Commissioner, Public Information to perform the functions of the Public Information officer; or if that is not possible, to perform the functions of an Assistant to a non-NYPD Public Information officer. If a Joint Information Center (JIC) is established, or in extremely unusual circumstances multiple Joint Information Centers are established, absent extraordinary circumstances, a member of the NYPD will be assigned to the Joint Information Center(s) to represent the Department. Whenever possible, a member of service assigned to the Office of the Deputy Commissioner, Public Information will be assigned to the Joint Information Center(s). P.G. 220-07 CIMS: Safety Officer Date Effective: 08/01/13 CIMS: SAFETY OFFICER PURPOSE To outline the duties of the Safety officer in CIMS. SAFETY OFFICER 1. Confer with the Command Element and determine whether there will be one Safety officer; or, two or more Agency Safety officers. a. If there is a Unified Command-Command Element, each of the Agency Incident Commanders may designate an Agency Safety officer. However, if all of the Agency Incident Commanders agree, they may jointly designate one Safety officer. b. If there is a Single Command-Command Element at a CBRN/HazMat incident, the NYPD Incident Commander; and FDNY Supporting Agency/Agency Representative; and DEP Supporting Agency/Agency Representative; and DOHMH Supporting Agency/Agency Representative will each designate an Agency Safety officer. However, if the NYPD Incident Commander; and FDNY Supporting Agency/Agency Representative; and DEP Supporting Agency/Agency Representative; and DOHMH Supporting Agency/Agency Representative all agree, they may jointly designate one Safety officer. c. If there is a Single Command-Command Element, except for a CBRN/HazMat incident, the Incident Commander will designate the one Safety officer. 2. Assume the position of Safety officer or NYPD Agency Safety officer as part of the Incident Management Team. a. The Safety officer function is required by law at a hazardous materials incident. b. If there is a Unified Command-Command Element, assume the position of NYPD Agency Safety officer and work collaboratively with the Agency Safety officer designated by each of the Primary Agencies that have command responsibility in the Unified Command-Command Element. c. If there is a Single Command-Command Element at a CBRN/HazMat incident, assume the position of NYPD Agency Safety officer and work collaboratively with the FDNY Agency Safety officer, the DEP Agency Safety officer and the DOHMH Agency Safety officer. d. If there is a Single Command-Command Element, except for a CBRN/HazMat incident, and the NYPD is the Primary Agency, assume the position as the one Safety officer and work collaboratively with each Supporting Agency/Agency Representative. 3. Perform an Incident Safety Analysis. 4. Provide advice to the Command Element regarding the safety, health, force protection and security of incident personnel. Make recommendations regarding: a. Health hazards, e.g., decaying human remains, unsafe air quality, body fluids, vectors, infectious diseases, polluted water. b. Physical hazards, e.g., falling debris, explosives, weakened structures, exposed electrical wires, unstable rubble, slippery surfaces, confined spaces. c. CBRN/HazMat hazards including environmental contamination, incident personnel exposure/contamination, exclusion zones, i.e., hot zone, warm zone, cold zone, contamination control/mitigation measures and decontamination measures. d. The appropriate type of Personal Protective Equipment (PPE) that should be used by incident personnel, e.g., safety glasses/goggles, splash resistant garments, respiratory protection, chemical protective garments, foot protection, totally encapsulating garments, head impact protection, gloves. e. Operational hazards involving incident personnel performing functions/activities without the appropriate equipment. f. Operational hazards involving incident personnel performing functions/activities without the required level of training, experience, knowledge, skills, etc. g. Operational hazards involving incident personnel not having appropriate procedures, supervision, plans, management, protocols, organization, programs, systems, etc. h. Operational hazards involving unnecessary or inappropriate resources responding to the incident; and/or, required resources not responding to the incident in a controlled fashion or not being deployed in a coordinated/organized manner. i. Operational hazards involving current, anticipated or potential environmental conditions, e.g., temperature, precipitation, wind, lightning, darkness. j. Operational hazards involving incident personnel not having appropriate work schedules and sufficient rest, rehabilitation, relief, leave, etc. k. Operational hazards involving incident personnel not having appropriate and sufficient food/water, clothing, lodging, supplies, sanitation, heating/cooling systems, lighting, transportation, etc. l. Operational hazards involving force protection and security. m. Operational hazards involving a dangerous individual(s), device(s) or situation(s), e.g., sniper, hostage taker, barricaded person, improvised explosive device, armed emotionally disturbed person, CBRN/HazMat device, vehicle borne improvised explosive device. n. Operational hazards involving the physical condition of incident personnel, e.g., fatigue, injury, stress, trauma, illness, exhaustion. o. Operational hazards involving the mental, emotional, behavioral and/or psychological condition of incident personnel, e.g., depression, anxiety, stress, tension, alcohol/substance abuse, etc. p. Operational hazards involving incident personnel not receiving appropriate vaccinations, prophylaxis, treatment, medications, counseling and any other appropriate health related support/assistance. q. Operational hazards involving appropriate personnel not receiving required: i. Pre-incident medical certifications/re-certifications; and/or, ii. Initial base-line medical examinations at the incident; and/or, iii. On-going medical monitoring/surveillance at the incident. r. Other hazards involving health, safety, force protection, security, environmental conditions, incident operations, PPE, training, equipment, procedures/protocols, incident support, etc. 5. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. 6. Ensure there are sufficient health, safety, force protection and security related supplies, equipment and other appropriate resources available when needed. 7. Develop and recommend measures for promoting personnel safety. a. Continually remind all incident executives, managers, supervisors and personnel that they must make safety the # 1 priority. 8. Implement procedures and establish a program/system to ensure the safety of incident personnel; and, to ensure incident operations, functions and activities are safely performed. 9. Implement procedures and establish a program/system to ensure continual identification, monitoring, evaluation and consideration of current, imminent, anticipated and/or potential hazardous, unhealthy or unsafe activities, functions and conditions. 10. Implement a PPE program/system that: a. Ensures incident personnel: i. Are equipped with appropriate PPE that has been properly fitted; and, ii. Are properly trained and certified/re-certified regarding the PPE that will be utilized; and, iii. Are properly trained and certified/re-certified regarding the operations, functions and activities that will be performed in the PPE; and, iv. If necessary, have received the required pre-incident medical certification/re-certification; and, v. If necessary, have received the appropriate PPE related initial base-line medical examinations at the incident; and, vi. If necessary, receive the appropriate PPE related on-going medical monitoring/surveillance at the incident. b. Ensures a sufficient quantity of the appropriate type of PPE is available when needed. c. Ensures PPE is properly maintained, serviced, repaired, decontaminated if necessary, stored, distributed, replaced, etc. 11. Implement a CBRN/HazMat program/system that ensures: a. Appropriate CBRN/HazMat monitoring equipment/instruments are properly utilized, located/relocated, calibrated, maintained, serviced, repaired, safeguarded/secured, replaced when necessary, etc. b. Incident personnel CBRN/HazMat exposure/contamination is monitored, quantified and documented. c. Air, water and soil environmental CBRN/HazMat contamination is monitored and appropriate environmental sampling, analyses and evaluations are performed. d. Air plume dispersion modeling is performed when necessary. e. CBRN/HazMat exclusion zones, i.e., hot, warm, cold zones, are monitored and the boundaries are appropriately adjusted when necessary. f. Required contamination control and mitigation measures are implemented. g. Required decontamination measures are implemented. 12. When necessary, implement a program/system to ensure required initial base-line physical/psychological medical examinations and required on-going physical/ psychological medical monitoring/surveillance is provided at the incident to the appropriate personnel. 13. Evaluate the need for post-incident medical, physical and psychological health monitoring/surveillance, assessment/evaluation, treatment/counseling and assistance/support. 14. Collect, document, format, analyze, evaluate, secure/safeguard and file/store incident related health and safety data/information regarding injuries, illnesses, fatalities, accidents, CBRN/HazMat exposures, etc.; and, properly disseminate the data/information in compliance with applicable confidentiality/security procedures, policies, rules, regulations, statutes, etc., to the appropriate governmental agencies, non-governmental organizations and private entities/ individuals. 15. Monitor incident operations, functions and activities and ensure compliance with the Health and Safety Plan and other relevant health, safety, force protection and security related plans, procedures, statutes, rules, regulations, policies, protocols, etc. 16. Notify the Command Element and, if appropriate, take corrective action when safety, health, force protection or security measures are not being properly implemented. 17. Immediately prevent, stop and/or correct hazardous, unhealthy or unsafe activities, functions and conditions by utilizing the chain of command; and, subsequently notify the Command Element. However, if the life or safety of incident personnel is in imminent danger, exercise emergency authority to directly prevent, stop and/or correct hazardous, unhealthy or unsafe activities, functions and conditions; and, subsequently notify the Command Element. a. Intervene in and/or suspend Life Safety Operations or any other incident management operations, functions, activities, etc., to prevent, stop and/or correct hazardous, unhealthy or unsafe activities, functions and conditions; and, subsequently notify the Command Element. 18. Ensure all incident personnel are aware of relevant safety information. a. Formulate and distribute safety messages. b. Conduct periodic safety briefings. c. Perform appropriate safety training including incident/hazard specific safety training. 19. Coordinate, cooperate and collaborate with all of the Agency Safety officer(s), the Operations Section chief(s), the Planning Section chief and other appropriate Command Staff officer(s) and General Staff Section chiefs. 20. Ensure coordination of safety related functions, operations and activities with each Primary Agency, each Supporting Agency, the Coordinating Agency, and all of the involved governmental agencies, non-governmental organizations and private entities/individuals. 21. Initiate a preliminary investigation regarding any incident related accidents; and/ or, potential accidents that were barely avoided, i.e., "near misses"; and/or, any incident related injuries, illnesses, fatalities, CBRN/HazMat exposures, etc. 22. Participate in planning meetings when appropriate, and assist in the development of the Incident Action Plan. a. Ensure that the health, safety, force protection and security aspects of the Incident Action Plan are properly formulated and implemented. b. Review the Incident Action Plan for general and incident/hazard specific and Agency specific health, safety, force protection and security issues, problems, limitations, requirements, constraints, activities, policies, procedures, etc. c. Prepare Health and Safety Plan and Safety Message regarding physical hazards, health/safety issues, environmental conditions, necessary equipment, force protection and security measures, appropriate PPE, operational hazards, required support, etc. d. Review and approve the Medical Plan. e. Provide advice to the Planning Section regarding the health, safety, force protection and security aspects of the Demobilization Plan. f. Closely monitor and evaluate the implementation of the Incident Action Plan. 23. Continually monitor performance, analyze data/information, evaluate incident operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related hazardous, unhealthy and unsafe activities, functions and conditions. b. Recommend appropriate modifications to the Incident Action Plan including health, safety, force protection and security issues, Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, etc. c. Identify health, safety, force protection and security related incident management "Best Practices" and "Lessons Learned"; and, incorporate them into the Health and Safety Plan. d. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. 24. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders/requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. 25. Prepare and maintain appropriate records, forms, logs, reports, etc., regarding the Safety officer functions/activities. 26. Designate an Assistant or Assistants when necessary after conferring with the Command Element. a. Choose an Assistant(s) that has/have the required expertise, education, training, knowledge, experience, and skills to properly identify, assess, prevent, stop, correct, etc., incident/hazard specific, Agency specific and general hazardous, unhealthy or unsafe activities, functions and conditions. b. The Assistant is a subordinate to the principal. c. The Assistant does not have to possess the same qualifications, i.e., knowledge, skills, experience, as the principal. Therefore normally, the Assistant may possess a level of technical and non-technical ability that is less than the principal; and, will be given less responsibility than the principal. However, the Assistant Safety officer may possess greater qualifications and a greater level of technical and non-technical ability than the principal regarding some or all of the incident/hazard specific, Agency specific and general hazardous, unhealthy or unsafe activities, functions and conditions. Furthermore, the Assistant Safety officer may be given significant responsibility regarding some or all of the incident/hazard specific, Agency specific and general hazardous, unhealthy or unsafe activities, functions and conditions. d. The role of the Assistant is flexible, and the Assistant may: i. Collect incident related information, monitor performance, evaluate incident operations/resources and communicate with the principal, i.e., be the "eyes and ears" of the principal. ii. Make notifications. iii. Function as a relief. iv. Be assigned specific tasks as requested by the principal. e. The Assistant may be member of a different Agency/Jurisdiction than the principal. For example, the Assistant may be a member of an Agency/Jurisdiction that: i. Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, ii. Currently is, or after a period of time, may be significantly affected by the incident. 27. Continually monitor/evaluate the organization and effectiveness of the Safety function; and the performance of the Assistant(s). a. Make appropriate modifications when necessary. 28. Absent unusual circumstances, establish a work location at or in the vicinity of the Incident Command Post. P.G. 220-08 CIMS: Liaison Officer Date Effective: 08/01/13 CIMS: LIAISON OFFICER PURPOSE To outline the duties of the Liaison officer in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Liaison officer are: LIAISON OFFICER 1. Assume the position of Liaison officer as part of the Incident Management Team; and, coordinate the activities, functions, operations and actions of involved governmental agencies, non-governmental organizations, and/or private entities/individuals. 2. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. 3. Closely coordinate, communicate and maintain liaison with appropriate involved governmental agencies, non-governmental organizations and/or private entities/individuals. 4. Closely coordinate, communicate and maintain liaison with each Supporting Agency/Agency Representative. a. A Supporting Agency is a governmental agency, non-governmental organization, and/or private entity whose resources are deployed to an incident to support incident operations, and assist the Primary Agency(ies) to successfully resolve the incident. A Supporting Agency is not a part of the Command Element. However, each Supporting Agency retains responsibility for its resources; and, retains its jurisdictional, legal, functional, administrative, etc., authority. b. Each Supporting Agency will designate a "Supporting Agency/Agency Representative." Each Supporting Agency/Agency Representative has the authority to make decisions, give direction and commit resources on behalf of their Supporting Agency. A Supporting Agency/Agency Representative is not a member of the Command Element. c. There are two types of Supporting Agencies: (1) Assisting Agency: An Agency providing personnel, services or other resources to the Agency with direct responsibility for incident management; and/or, an Agency directly contributing tactical or service resources to another Agency, e.g., NYPD, FDNY, EMS, DSNY, DEP. (2) Cooperating Agency: An Agency that supports the incident management effort by providing assistance other than tactical resources; and/or, an Agency that supplies assistance other than direct operational or support functions or resources to the incident management efforts, e.g., Salvation Army, American Red Cross. 5. Act as the "point of contact" for each Supporting Agency/Agency Representative assigned to the incident. a. Generally, in either a Single Command-Command Element or Unified Command - Command Element, the Command Element and incident management organization will not directly interact with the Supporting Agencies' Supporting Agency/Agency Representative. Instead the Liaison officer will interact directly with and coordinate the activities, functions, operations, and actions of each Supporting Agency/Agency Representative regarding the incident management efforts. b. In certain circumstances, the Command Element may choose to: (1) Interact directly with one or more Supporting Agencies' Supporting Agency/ Agency Representatives, e.g., an Assisting Agency(ies) with significant resources actively engaged in the efforts to successfully resolve the incident; and, (2) Have the Liaison officer interact with the remaining Supporting Agencies' Supporting Agency/Agency Representatives, e.g., Assisting Agency(ies) with few resources assigned to the incident, and/or Cooperating Agency(ies). 6. Provide comprehensive briefing to each Supporting Agency/Agency Representatives within a reasonable period of time after the Supporting Agency/Agency Representative initially arrives at the incident site. 7. Ensure each Supporting Agency/Agency Representatives are informed regarding current incident situation related information. a. Provide briefings to each Supporting Agency/Agency Representatives either periodically, or at specific times when needed, or when directed by the Command Element. 8. Maintain a list of Supporting Agencies and each associated Supporting Agency/Agency Representatives. 9. Coordinate with each Supporting Agency/Agency Representatives to ensure Supporting Agencies' resources properly Check-In at the appropriate location(s). 10. Confer with each Supporting Agency/Agency Representatives to identify any special Supporting Agency specific needs, requirements, limitations, restrictions, etc. 11. Monitor incident operations to identify current, anticipated or potential inter-organizational or inter-agency issues, problems, conflicts, etc. 12. When necessary ensure one or more appropriate Supporting Agencies' Supporting Agency/Agency Representatives attends planning meetings; and, when appropriate, assists in the development and implementation of the Incident Action Plan. 13. Provide each Supporting Agency/Agency Representative with Supporting Agency specific demobilization information, requirements, plans, procedures, etc. 14. Debrief each Supporting Agency/Agency Representatives prior to their departure from the incident site. 15. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders/requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. 16. Confer with each Supporting Agency/Agency Representatives regarding: a. Current status of the particular Supporting Agencies' resources, b. Current number, Kind, Type, capabilities, limitations, etc., of the particular Supporting Agencies' resources, c. Availability of the particular Supporting Agencies' resources regarding current, anticipated or potential resource requests. 17. Continually monitor/evaluate the organization and effectiveness of the Liaison function; and, the performance of the Assistant(s). a. Make appropriate modifications when necessary. 18. Prepare and maintain appropriate records, forms, logs, reports, etc., regarding the Liaison officer functions/activities. 19. Participate in planning meetings when appropriate, and assist in the development of the Incident Action Plan. a. Ensure that the liaison, inter-agency and Supporting Agency aspects of the Incident Action Plan are properly formulated and implemented. b. Provide advice to the Planning Section regarding the liaison, inter-agency and Supporting Agency aspects of the Demobilization Plan. 20. Continually monitor performance, analyze data/information, evaluate incident operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related liaison, inter-agency and Supporting Agency issues. b. Recommend to the Command Element, any necessary modifications to the current Incident Action Plan, including Supporting Agency/Agency Representatives issues, Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, etc. c. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. 21. Designate an Assistant or Assistants when necessary after conferring with the Command Element. a. The Assistant is a subordinate to the principal. b. The Assistant knowledge, skills, level of technical and, will be given does not have to possess the same qualifications, i.e., experience, as the principal. The Assistant may possess a and non-technical ability that is less than the principal, less responsibility than the principal. c. The role of the Assistant is flexible, and the Assistant may: (1) Collect incident related information, monitor performance, evaluate incident operations/resources and communicate with the principal, i.e., be the "eyes and ears" of the principal. (2) Make notifications. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. d. The Assistant may be a member of a different Agency/Jurisdiction than the principal. For example, the Assistant may be a member of an Agency/Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. 22. Absent unusual circumstances, establish a work location at or in the vicinity of the Incident Command Post. ADDITIONAL DATA If there is a Single Command-Command Element, the Incident Commander may designate the one Liaison Officer; however, OEM has the authority and may designate the one Liaison officer. When the NYPD is the Primary Agency in a Single Command-Command Element, if the Liaison officer position is activated, absent unusual circumstances, the Incident Commander should make every effort to have a member of the NYPD designated as the Liaison officer; or if that is not possible, designated as an Assistant to a non-NYPD Liaison officer. However, the NYC Office of Emergency Management (OEM) has the authority and may designate the Liaison officer. If there is a Unified Command-Command Element, the Agency Incident Commanders will jointly designate one Liaison office; however, OEM has the authority and may designate the Liaison officer. When the NYPD is one of the Primary Agencies in a Unified Command-Command Element, if the Liaison officer position is activated, absent unusual circumstances, the NYPD Agency Incident Commander should make every effort to have member of the NYPD designated as the Liaison officer; or if that is not possible, designated as an Assistant to a non-NYPD Liaison officer. P.G. 220-09 CIMS: Operations Section Chief Date Effective: 08/01/13 CIMS: OPERATIONS SECTION CHIEF PURPOSE To outline the duties of the Operations Section chief in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Operations Section chief are: OPERATIONS SECTION CHIEF 1. Confer with the Command Element and determine whether there will be one Operations Section chief; or, two or more Agency Operations Section chiefs. a. If there is a Unified Command-Command Element, each of the Agency Incident Commanders will designate an Agency Operations Section chief. However, if all of the Agency Incident Commanders agree, they may jointly designate one Operations Section chief. b. If there is a Single Command-Command Element at a CBRN/HazMat incident, the NYPD Incident Commander; and FDNY Supporting Agency/Agency Representative; and DEP Supporting Agency/Agency Representative; and DOHMH Supporting Agency/Agency Representative will each designate an Agency Operations Section chief. However, if the NYPD Incident Commander; and FDNY Supporting Agency/Agency Representative; and DEP Supporting Agency/Agency Representative; and DOHMH Supporting Agency/Agency Representative all agree, they may jointly designate one Operations Section chief. c. If there is a Single Command-Command Element, except for a CBRN/HazMat incident, the Incident Commander will designate the one Operations Section chief. 2. Assume command as the Operations Section chief or NYPD Agency Operations Section chief as part of the Incident Management Team. a. If there is a Unified Command-Command Element, assume command as the NYPD Agency Operations Section chief in a Unified Operations Section and work collaboratively with the Agency Operations Section chief designated by each of the Primary Agencies that have command responsibility in the Unified Command-Command Element. b. If there is a Single Command-Command Element at a CBRN/HazMat incident, assume command as the NYPD Agency Operations Section chief in a Unified Operations Section and work collaboratively with the FDNY Agency Operations Section chief, the DEP Agency Operations Section chief and the DOHMH Agency Operations Section chief. c. If there is a Single Command-Command Element, except for a CBRN/HazMat incident, and the NYPD is the Primary Agency, assume command as the one Operations Section chief and work collaboratively with each Supporting Agency/Agency Representative. 3. Select an appropriate location and establish an Operations Section Post. If there is a Unified Operations Section, Agency Operations Section chiefs will jointly select an appropriate location to establish the Operations Section Post. a. The Operations Section Post is the location where the Operations Section chief/ Agency Operations Section chiefs, Deputy(ies) and appropriate staff will remain and manage/direct all of the tactical functions, operations and activities. b. The Operations Section Post generally will not be co-located with the Intelligence/ Investigations Section Post or the Incident Command Post. The Operations Section Post will be established at a secure location within a reasonable distance from the Intelligence/Investigations Section Post and the Incident Command Post. c. The Operations Section Post can be any type of facility that is available and appropriate, e.g., vehicle, trailer, tent, open area, a room in a building. d. Choose a location that is a reasonable and appropriate distance from the incident; and, will provide for safety, health, security and force protection; and, will provide easy and expeditious access and egress; and, is sufficiently large and will allow for expansion; and, will permit continuous operations; and, will provide adequate workspace and utility/communications service. Generally, the Operations Section Post will be located within the Site Access Control/Outer Perimeter. e. If necessary, the Operations Section Post may be relocated. f. Ensure adequate safety, health, security and force protection measures are implemented. 4. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. 5. Direct appropriate tactical operations, functions and activities: a. If there is a Unified Operations Section, each Agency Operations Section chief will direct the tactical operations involving their Agencies' Core Competencies. Each Agencies' Core Competencies are listed in the CIMS Core Competency chart. b. If there is a Single Operations Section, the one Operations Section chief will direct all tactical operations. 6. Ensure appropriate tactical operations, functions and activities are expeditiously implemented including reduction/elimination of the immediate hazard; saving lives; protecting property; ensuring public safety, controlling/stabilizing incident conditions; implementing site management operations; providing force protection/security regarding incident personnel; mitigating the incident; implementing recovery/restoration operations. 7. Tactical assignments will be based upon the responding Agencies' functional capabilities, e.g., resources, expertise, training, experience, skills; and, legal/ jurisdictional authority, mission and responsibilities. 8. Develop and implement appropriate tactics and tactical operations/activities in order to effectively, efficiently and expeditiously achieve the Incident Objectives. a. Confer with Branch Director(s), Sector Supervisor(s), Group Supervisor(s) and/or Team Leader(s) in order to develop and implement appropriate tactics and tactical operations/activities. b. When appropriate, confer with the Primary Agency(ies), Supporting Agency(ies), Coordinating Agency and/or other appropriate involved governmental agencies, non-governmental organizations, and/or private entities/individuals regarding the tactics and tactical operations/activities. c. When appropriate, the tactics and tactical operations/activities should be capable of being implemented and completed within the designated "Operational Period." 9. Monitor tactical operations/activities at the incident. a. Evaluate performance and determine whether the tactics and tactical operations/ activities are accomplishing the Incident Objectives in an effective, efficient and expeditious manner. b. Make appropriate modifications when necessary. 10. Ensure tactical operations are performed in a safe manner; and, that adequate force protection, security, health and safety measures are implemented. 11. Determine the required number, Kind and Type of resources; and, request the appropriate authority to have the required resources promptly respond to the designated location, i.e., Staging Area(s). 12. After proper "Check-In", appropriately organize arriving resources and resources that initially responded directly to the incident scene: a. Single Resources, b. Resource Teams, c. Special Response Teams. 13. Assign and deploy arriving resources and resources that initially responded directly to the incident scene to appropriate incident related tactical operations, functions and activities; and/or, retain them at the Staging Area(s) in an Available status awaiting assignment. a. Ensure there are adequate reserves. 14. Organize the Operations Section based upon: a. Span of control; and/or b. Geographical boundaries; and/or c. Function; and/or d. Agency Core Competencies/functions; and/or e. Agency/jurisdictional responsibilities/authority. 15. When appropriate, organize the Operations Section in any of the following ways: a. Resources report directly to the Operations Section. b. Resources report to Sectors, and Sectors report to the Operations Section (geographical). c. Resources report to Groups, and Groups report to the Operations Section (functional). d. Resources report to Sectors and Groups; and, Sectors and Groups report to the Operations Section (functional/geographic). e. Sectors and/or Groups report to Branches; and, the Branches report to the Operations Section (Span of Control). f. Functional/Agency Core Competency Branches report to the Operations Section (functional). g. Agency/Jurisdiction Branches report to the Operations Section (Agency/jurisdictional responsibilities). h. Geographic Branches report to the Operations Section (geographical). 16. Manage appropriate tactical resources: a. Deploy existing resources. b. When appropriate, redeploy existing resources. c. Maintain adequate reserves. d. When necessary, request the appropriate authority to order/request additional resources to promptly respond to the designated location, i.e., Staging Area(s). e. Approve release of resources from active tactical assignments, but do not approve release/demobilization from the incident. 17. Continually monitor/evaluate the organizational structure and effectiveness of the Operations Section; and, the performance of the Deputy(ies), Branch Directors, Sector/Group Supervisors, Team Leaders and assigned personnel. a. Make appropriate modifications when necessary. 18. Maintain close communication with the Command Element. 19. Coordinate actions, maintain close liaison and continually communicate with the Intelligence/Investigations function. a. If an Intelligence/Investigations Section is activated, a member of the Operations Section should be assigned to the Intelligence/Investigations Section Post to act as a liaison; and, a member of the Intelligence/Investigations Section should be assigned to the Operations Section Post to act as a liaison. b. Depending upon the significance of the intelligence/investigative component of the incident and after conferral with the Intelligence/Investigations Section chief, the member of the Operations Section assigned to the Intelligence/Investigations Post and the member of Intelligence/Investigations Section assigned to the Operations Section Post to act as liaisons may be supervisors. 20. Communicate and coordinate actions with the Command Staff, General Staff, Primary Agency(ies), Supporting Agency(ies), the Coordinating Agency; and, appropriate governmental agencies, non-governmental organizations and private entities/individuals. 21. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders/requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. 22. Designate a Deputy or Deputies when necessary. a. The Deputy is the counterpart of the principal. Therefore, the Deputy should have the same qualifications, i.e., knowledge, skills, experience, as the principal; and, must be capable of assuming the principal's position. b. The role of the Deputy is flexible and the Deputy may: (1) Collect incident related information, monitor performance, evaluate incident operations/resources and communicate with the principal, i.e., be the "eyes and ears" of the principal. (2) Make important notifications, e.g., Bureau Chief, Patrol/Detective Borough Commander, Operations Unit, Emergency Operations Center if activated, Area Command if activated. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. c. The Deputy may be member of a different Agency/Jurisdiction than the principal. For example, the Deputy may be a member of an Agency/Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. 23. Participate in planning meetings when appropriate. 24. Assist in the development of the Incident Action Plan. a. Ensure that the tactical aspects of the Incident Action Plan are properly formulated and implemented. b. Provide advice to the Planning Section regarding the tactical aspects of the Demobilization Plan. 25. Prepare and maintain appropriate records, forms, logs, reports, etc., regarding the Operations Section functions/activities. 26. Continually monitor performance, analyze data/information, evaluate incident operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related tactical and resource issues. b. Recommend to the Command Element, any necessary modifications to the current Incident Action Plan, including Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, etc. c. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. 27. Manage all law enforcement related operations, functions and activities including summonses, summons processing, arrests, prisoners, arrest verification, prisoner security/safeguarding, prisoner identification, arrest processing, photographing prisoners, prisoner confinement, prisoner transportation, prisoner release/arraignment, etc. 28. Activate and control all Staging Areas. a. A Staging Area is a temporary location/facility for situating and organizing resources that are in Available status and may be deployed to incident assignments. It may contain temporary fueling and sanitation facilities. A Staging Area was formerly referred to as a Mobilization Point. b. Pursuant to CIMS, there may be more than one Staging Area. However, absent unusual circumstances, there should be only one NYPD Staging Area for NYPD resources. Nevertheless, there may be more than one NYPD Staging Area if: (1) Specialized units, personnel, vehicles, equipment, or other specialized resources are required at the incident, e.g., Emergency Services Unit, Mounted Unit, Highway District; or, (2) The incident area is extraordinarily large; or, (3) An extremely large number of personnel, vehicles, equipment or other resources are required at the incident; or, (4) A significant amount of large specialized equipment is required at the incident; or, (5) Confidential/sensitive resources are required at the incident; or, (6) There have been several Operational Periods and the incident has not been resolved and incident operations will continue for a prolonged period of time; or, (7) There are other circumstances that require the activation of more than one Staging Area. c. Pursuant to CIMS, depending upon the circumstances, different Agencies may have one or more separate Staging Areas; or, different functional/Core Competencies Branches may have one or more separate Staging Areas. d. Resources situated at a Staging Area(s) may be in Available status awaiting a tactical and/or investigative assignment, and should be prepared for assignment/ deployment within three minutes. A Staging Area(s) should be used to organize Single Resources into Resource Teams and/or Special Response Teams. e. Out-of-Service resources should not be situated at a Staging Area(s); and, Logistics functions should not be performed at a Staging Area(s). f. When necessary, activate a Staging Area(s) for watercraft. g. If more than one Staging Area is required then ensure an appropriate number of Staging Areas activated; and, that the activities/functions occurring at each of the Staging Areas are performed in a coordinated manner. h. A location will be chosen that is a reasonable and appropriate distance from the incident; and will permit the expeditious deployment of staged resources to the incident and/or area of assignment; and, will provide for safety, health, security and force protection; and, will provide easy and expeditious access and egress; and, will provide adequate work space and utility/communications service; and, will permit continuous operations. The location chosen should be sufficiently large; and, should allow for expansion; and, should accommodate the responding resources and the required reserves; and if possible, should have sufficient space for expansion in order to accommodate a Level 3 or Level 4 mobilization. i. A Staging Area(s) may be relocated when necessary. j. A Staging Area(s) may be deactivated when appropriate. k. Ensure adequate safety, health, security and force protection measures are implemented regarding the Staging Area(s). l. When it is activated, a Staging Area(s) must be clearly marked and be readily identifiable. A Staging Area(s) will be given a name that describes its general location. A Staging Area(s) may be in the vicinity of or adjacent to other Incident Facilities; but, must have its own separate location and name. m. The initial boundaries of the Staging Area(s) should be identified and communicated to the Command Element, Communications Section dispatcher and /or supervisor, Command Staff positions, General Staff Sections and each appropriate Supporting Agency/Agency Representative. Additionally, response routes/directions to the Staging Area(s) should be communicated to the responding resources by the Communications Section dispatcher and/or supervisor; or, when necessary, directly by the appropriate incident management organizational element/personnel; or, in any other appropriate manner. n. Determine the appropriate number, Kinds and Types of resources that will be situated at the Staging Area(s); and/or, retained/maintained as reserves at the Staging Area(s). o. Retain/maintain adequate resource reserves at the Staging Area(s), and increase or decrease the reserves when necessary. p. When necessary, request the appropriate authority to have additional required resources respond to the Staging Area(s) for deployment to incident related assignments, or to maintain adequate reserves, or for any other appropriate purposes. q. Designate a Staging Area Manager to control each of the Staging Areas. r. Inform each of the Staging Area Managers of the following: (1) The number, Kinds and Types of resources that will be responding to the Staging Area(s). (2) Communications procedures, devices, channels, equipment, frequencies and measures that will be utilized. (3) Minimum number of resources and specific Kinds and Types of resources that must be retained/maintained as reserves at the Staging Area(s). (4) Directions regarding organizing Single Resources into Resource Teams and/or Special Response Teams. (5) Procedures for requesting/ordering additional resources. (6) Estimated length of time the Staging Area(s) will be activated/utilized. (7) Procedures for requesting/ordering logistics service and support. s. Ensure that personnel arriving at the Staging Area(s) "Check-In" with the Resources Unit; and, supplies and equipment delivered to the Staging Area(s) are receipted for by the Supply Unit. If the Resources Unit and/or the Supply Unit are not activated, ensure that the Staging Area Manager(s) provides appropriate direction regarding arriving personnel and/or delivered supplies/equipment. t. Each of the Staging Area Managers will: (1) When appropriate and authorized, organize Single Resources into Resource Teams and/or Special Response Teams. (2) Dispatch resources at the direction of the Operations Section chief, or the Command Element if the Operations Section has not been activated. (3) Request/order Logistics Section service/support as necessary. (4) Monitor and track the number, Kinds and Types and status of resources situated at the Staging Area. (5) Notify the Operations Section chief, or the Command Element if the Operations Section has not been activated, when additional resources should be ordered/requested in order to be deployed to incident related assignments, and/or to maintain adequate reserves, and/or for any other appropriate purposes. (6) Ensure that adequate safety, health, security and force protection measures have been implemented regarding the Staging Area. (7) Frequently inform the Operations Section chief, or the Command Element if the Operations Section has not been activated, regarding the activities/ functions occurring at the Staging Area so as to enable the Operations Section chief, or the Command Element if the Operations Section has not been activated, to ensure that the activities/functions at each of the Staging Areas are performed in a coordinated manner. 29. Manage and direct tactical and logistical/support air operations and aviation/aircraft resources including helicopter (rotary-wing), airplane (fixed-wing) and blimp (air-ship) aircraft. a. Ensure an appropriate number of Helibases are activated, and that the activities/functions occurring at each Helibase are performed in a coordinated manner, and that a NYPD Helibase Manager is designated to supervise and manage each Helibase. i. Ensure each Helibase is situated at an appropriate location and is properly managed; ii. Ensure each Heilbase Manager is situated and operated on the ground at the Helibase. iii. Ensure adequate safety, health, security, and force protection measures are implemented regarding each Helibase. iv. Absent extraordinary circumstances, only one Helibase will be activated; and it will be situated at the NYPD Special Operations Division, Aviation Unit located at Floyd Bennett Field, Brooklyn. b. Ensure an appropriate number of Helispots are activated, and that the activities/functions occurring at each Helispot are performed in a coordinated manner, and that a NYPD Helispot Manager is designated to supervise and manage each Helispot. i. Ensure each Helispot is situated at an appropriate location and is properly managed; (1) When appropriate, each Helispot may be deactivated and/or relocated. ii. Absent unusual circumstances, ensure each NYPD Helispot Manager is either a Police Officer or supervisor assigned to the Emergency Services Unit. (1) Patrol Services Bureau personnel will be utilized to assist each emergency Services Helispot Manager. iii. Ensure each Helispot Manager is situated and operates on the ground at the Helispot; iv. Ensure adequate safety, health, security and force protection measures are implemented regarding each Helispot. 30. Coordinate the actions of the aviation/aircraft resources regarding rooftop observers; Field Observers; Weather Observers; ground units; surface and underwater marine units; Primary Agency(ies); Supporting Agency(ies); Coordinating Agency; and other appropriate resources at the incident, and when applicable, at appropriate off incident sites. 31. Implement Site Management Operations by organizing and deploying the appropriate number, Kind and Type of resources, e.g., personnel (uniformed, plainclothes and undercover), vehicles, (marked, unmarked, nondescript), barriers (fixed/moveable), watercraft, aircraft, equipment, etc., to create perimeters, roadblocks/checkpoints, security/guard posts, surveillance/counter surveillance teams, sniper/counter sniper teams, interdiction teams, heavy weapons teams, etc. 32. When implementing Site Management Operations: a. Resources may be organized and deployed as Single Resources, Resource Teams and/or Special Response Teams; and, b. Resources may be organized utilizing Sectors and/or Groups and/or Branches. 33. When appropriate, implement one or more of the following specific types of Site Management Operations: a. Force Protection/Security (1) Prevent intrusive and non-intrusive ("stay behind") attack(s) directed at incident personnel, e.g., improvised explosive devices, snipers, vehicle borne improvised explosive devices, suicide bombers, CBRN/HazMat devices, etc. (2) Prevent unauthorized individuals from infiltrating into the incident site(s); and, when required, remove unauthorized persons. (3) Prevent individuals from collecting intelligence, performing reconnaissance, conducting surveillance operations, etc., regarding strategic, operational, tactical, investigative, and support incident management plans, procedures, functions and activities. (4) Specifically, provide security, safety and force protection at the Incident Command Post, Operations Section Post, Intelligence/Investigations Section Post, and any other General Staff Section Post(s) that are not co-located with the Incident Command Post. (5) Specifically provide security, safety and force protection at all activated Incident Facilities including all Staging Areas, all Helispots, Helibase(s) and any other appropriate types of Incident Facilities; and, if activated, the Incident Base and all Camps. b. Site Access Control/Outer Perimeter (1) Control vehicular traffic. (a) Stop/divert vehicular traffic. (b) Prevent unauthorized access of vehicles; and, when required, have unauthorized vehicles removed. (c) Provide access/egress to properly identified emergency vehicles; and, other appropriate and necessary properly identified vehicles whose occupants are properly credentialed. (2) Control pedestrian traffic. (a) Stop/divert pedestrian traffic. (b) Prevent unauthorized access of individuals; and, when required, remove unauthorized individuals. (c) Provide access/egress to appropriate and necessary personnel who are properly credentialed. c. Evacuation/Shelter (1) When appropriate, evacuate individuals from an area, building, structure, watercraft, railcar, bus, mass transit station/stop/facility, or any other applicable structure/location. (2) When appropriate, inform individuals to "shelter in place" or "take shelter" because evacuation would be hazardous. d. Crowd Control (1) When necessary, disperse and/or control loitering individuals, groups, crowds, etc., i.e., bystanders, onlookers, spectators. (2) When appropriate, disperse and/or control disorderly individuals, groups, crowds, etc. e. Investigative Perimeter (1) Secure Crime Scene(s). (2) Secure Investigative Scene(s). f. Inner Perimeter (1) Containment and security area established at one or more locations due to the presence of one or more threats/conditions involving a dangerous individual(s), device(s) and/or situation(s), e.g., sniper, hostage taker, improvised explosive device, barricaded person, CBRN/HazMat device, armed emotionally disturbed person, vehicle borne improvised explosive device. (2) No one will be permitted to enter the Inner Perimeter (a) Without a protective vest, helmet and other necessary PPE appropriate for the actual or potential threat/condition; and, (b) Without the approval of the 1. NYPD Incident Commander in a Single Command-Command Element, or NYPD Agency Incident Commander in a Unified Command - Command Element; or, 2. NYPD Operations Section chief in a Single Operations Section, or NYPD Agency Operations Section chief in a Unified Operations Section, if there is no NYPD Incident Commander or NYPD Agency Incident Commander; or, 3. NYPD Supporting Agency/Agency Representative if there is no NYPD Incident Commander or NYPD Agency Incident Commander and no NYPD Operations Section chief or NYPD Agency Operations Section chief; g. Safety Perimeters (1) CBRN/HazMat exclusion zones, i.e., hot zone, warm zone, cold zone. (2) Health hazards exclusion zones, e.g., decaying human remains, unsafe air quality, body fluids, vectors, infectious diseases, polluted water, etc. (3) Physical hazards exclusion zones, e.g., falling debris, explosives, weakened structures, exposed electrical wires, unstable rubble, slippery surfaces, confined spaces, etc. h. Property Security Perimeters (1) Secure and protect areas, buildings, premises, structures, personal property, merchandise, vehicles, etc., from theft, vandalism, looting and other loss, damage or destruction. 34. When necessary, request the appropriate mass transit Agency(ies) to: a. Stop mass transit from entering the incident area(s). b. Have mass transit continue to travel through the incident area(s), but avoid one or more designated mass transit stations, stops, facilities, etc. c. Discharge and/or board passengers at one or more designated mass transit stations, stops, facilities, etc., either within the incident area(s) or outside of the incident area(s). d. Reroute mass transit to avoid entering the incident area(s). 35. When necessary, request the appropriate Agency(ies) to stop all vehicular/pedestrian traffic from entering one or more designated bridges and/or tunnels. 36. When appropriate, request the Operations Unit, or if activated, the NYPD Emergency Operations Center, to have Transportation Bureau resources, other appropriate Department resources, and/or resources from any appropriate governmental agencies, non-governmental organizations and private entities/individuals deployed outside of the Site Access Control/Outer Perimeter in order to: a. Direct traffic away from the incident area(s); and, prevent and/or minimize traffic congestion that may be caused by the incident. b. Establish access and egress routes for emergency personnel, vehicles, equipment, etc., responding to or leaving from the incident area(s). c. When necessary, provide an escort and establish, post, staff , safeguard, secure, etc., appropriate routes to and/or from the incident area(s) to one or more designated areas, and/or facilities, located at an off incident site(s), e.g., airport, Police Laboratory, Bomb Squad Explosives Disposal facility, NYC Department of Health and Mental Hygiene Public Health Laboratory, military base. 37. Implement Emergency Credentialing/Site Access Control procedures and operations after consultation with the Primary Agency(ies) and OEM. 38. Implement the Corporate Emergency Access System (CEAS) when directed by the Mayor. P.G. 220-10 CIMS: Planning Section Chief Date Effective: 08/01/13 CIMS: PLANNING SECTION CHIEF PURPOSE To outline the duties of the Planning Section chief in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Planning Section chief are: PLANNING SECTION CHIEF 1. Assume command as the Planning Section chief as part of the Incident Management Team; and, manage strategic, operational and tactical planning activities. 2. When applicable, evaluate the current Incident Action Plan, and if necessary, recommend to the Command Element any required modifications. 3. Determine whether the planning process is adequate for the current Operational Period and the subsequent Operational Period(s), and if necessary, implement any required modifications. 4. To ensure that the required resources and support will be available, and the Incident Action Plan is completed and disseminated/distributed at an appropriate time prior to the start of each subsequent Operational Period; establish a Planning Cycle; and, develop a Planning Schedule/Sequence; and, commence the planning process for each subsequent Operational Period at an appropriate time. a. The Planning Cycle and/or Planning Schedule/Sequence may change as the incident /event progresses and evolves; and, the length of the current Operational Period and the next subsequent Operational Period(s) change. 5. Confer with the Command Element, General Staff, Command Staff, each appropriate Supporting Agency/Agency Representative, Coordinating Agency and appropriate governmental agencies, non-governmental organizations and private entities/ individuals regarding relevant planning activities and the preparation of the Incident Action Plan for each Operational Period. 6. Conduct, facilitate and direct planning meetings. a. Identify appropriate planning meeting attendees in consultation with the Command Element. b. Ensure maps, charts, matrices, photos/images, timelines, spreadsheets and other planning aids and tools are available. c. Ensure briefing is provided regarding current: i. Incident situation, conditions and occurrences; ii. Operational activity, i.e., Life Safety, Site Management, Investigations, Recovery/Restoration; iii. Resources and support; iv. Environmental conditions; v. Appropriate intelligence/information/data. d. Ensure that threat and risk assessment information is provided. e. Ensure resource and support needs/requirements are provided. f. Ensure all relevant policy, legal, administrative, fiscal, jurisdictional constraints and limitations are provided. g. Provide estimates/forecasts regarding future incident related conditions/occurrences; future incident related issues/problems; the development/evolution of the incident; the effects of incident management operations; incident potential; environmental conditions; etc. h. Assist in the formulation of the Incident Objectives, Strategies, Tactical Direction, tactics and assignments. i. Assist in determining the required resources and support. j. Assist in identifying priorities. k. Develop contingency/alternative Strategies and Tactical Direction. l. Assist in determining appropriate locations to situate Incident Facilities. m. Prepare and maintain the Planning Matrix. n. Plot all appropriate information on a map(s) of the incident area(s), e.g., Sector/Group/ Branch boundaries and assignments, Incident Facilities, Site Management Operations perimeters, emergency egress/access routes. o. Provide information regarding inter-agency interoperable communications procedural and technological measures. 7. When necessary, develop contingency and alternative plans. 8. When appropriate, conduct long range planning beyond the next several subsequent Operational Periods. 9. Supervise preparation of the Incident Action Plan for each Operational Period. a. The Incident Action Plan may be verbal or written. i. The Incident Action Plan must be written if there: (1) Is a Unified Command-Command Element; or, (2) Will be more than one Operational Period. b. The length of an Operational Period is determined by the length of time needed to achieve the Incident Objectives; and, may change as the incident develops, progresses and evolves. c. Ensure that the Incident Action Plan: i. Adequately addresses the mission, jurisdiction, policies, constraints, responsibilities, etc., of each of the Primary Agencies that are a part of the Unified Command-Command Element; and, ii. Provides adequate coordination between the Primary Agency(ies), Supporting Agency(ies), Coordinating Agency and other appropriate governmental agencies, non-governmental organizations and private entities/individuals. d. Ensure that the Incident Action Plan includes: i. Statement of Incident Objectives. (1) When appropriate describe Strategies and Tactical direction. ii. Organization (1) Incident management organizational elements, i.e., Organizational Chart, and (2) Identities of the specific management and supervisory personnel. iii. Tactics, assignments, resources, reserves and support; and required resources/ support. iv. Map(s) and Supporting Plans and Supporting Material/Attachments a. Map(s) of the appropriate area(s). b. Supporting Plans, e.g., Medical Plan, Health and Safety Plan, Communications Plan, Traffic Plan, Intelligence/Investigations Plan, Logistics Plan, Prisoner Processing Plan, Air Operations Plan. c. Supporting Material, e.g., risk assessments, threats, medical surveillance information, structural design information, geological data, meteorological data, utilities design/operations data, public works design/operations data, criminal intelligence, geospatial data and when appropriate, unclassified intelligence community information. d. Supporting Attachments, e.g., additional maps, spreadsheets, charts, photos/images, timelines, matrices. e. Ensure that the Incident Action Plan incorporates applicable incident management "Best Practices" and "Lessons Learned." 10. Have the approved Incident Action Plan prepared and reproduced for each Operational Period. 11. Prior to the start of each Operational Period, disseminate and/or distribute the Incident Action Plan for each Operational Period to all supervisors and other appropriate personnel in the appropriate manner, i.e., verbal briefings and/or distribution of a written document. 12. Continually monitor performance, analyze data/information, evaluate incident operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related planning, current situation, resource Check-In/status, information collection/dissemination, documentation, demobilization and Technical Specialist issues. b. Recommend to the Command Element any necessary modifications to the current Incident Action Plan, including Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, planning activities, documentation, demobilization, information collection/dissemination, etc. c. Modifications may be made during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. 13. Continually monitor/evaluate the organizational structure and effectiveness of the Planning Section; and, the performance of the Deputy(ies),Unit Leaders and assigned personnel. a. Make appropriate modifications when necessary. 14. Select an appropriate location to establish the Planning Section. a. Absent unusual circumstances, the Planning Section will be located at the Incident Command Post. 15. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. 16. Designate a Deputy or Deputies when necessary. a. The Deputy is the counterpart of the principal. Therefore, the Deputy should have the same qualifications, i.e., knowledge, skills, experience as the principal; and, must be capable of assuming the principal's position. b. The role of the Deputy is flexible and the Deputy may: (1) Collect incident related information, monitor performance, evaluate incident operations/ resources and communicate with the principal, i.e., be the "eyes and ears" of the principal. (2) Make important notifications, e.g., Bureau Chief, Patrol/Detective Borough Commander, Operations Unit, Emergency Operations Center if activated, Area Command if activated. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. c. The Deputy may be a member of a different Agency/Jurisdiction than the principal. For example, the Deputy may be a member of an Agency/Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. 17. Manage the "Check-In" of all resources including arriving resources and resources that initially responded directly to the incident scene. a. Assign "Check-In Recorders" to all locations and/or facilities where resources may Check-In: (1) Staging Area(s) (2) Incident Command Post (3) When applicable, Intelligence/Investigations Section Post. When applicable, investigative resources will Check-In at the Intelligence/Investigations Section Post. (4) Helibase(s). Absent extraordinary circumstances, Check-In will not occur at a Helibase(s). (5) Incident Base. Absent extraordinary circumstances an Incident Base will not be activated in NYC. (6) Camp(s). Absent extraordinary circumstances a Camp(s) will not be activated in NYC. b. Pursuant to CIMS, absent extraordinary circumstances, resources must formally Check-In before reporting to the Operations Section or Sectors or Groups or Branches for assignment. c. Ensure resources that Check-In are properly recorded on DETAIL ROSTER/ ASSIGNMENT SHEETS (PD406-141) or other appropriate Check-In forms, logs, records, etc. d. Efforts should be made to electronically record/document resources that Check-In. e. Determine the frequency and implement a schedule for the Check-In Recorders to provide/report Check-In information to the appropriate incident management organizational element/personnel. 18. Collect, process, organize, analyze, evaluate, document, monitor, prepare summaries, display and disseminate resource related information/data including the number, Type and Kind of Assigned, Available, Out of Service, requested, allocated, responding, required, etc., resources. 19. Implement a conventional, analog or digital system to document, monitor and track the current location, status, quantity, Kind, Type, assignment, etc., of all resources. 20. Maintain conventional, analog or digital records, documents and files, indicating the location, status, quantity, Kind, Type, assignment, etc., of all resources. a. Maintain a "master list" of all resources. 21. Determine the current and estimate/forecast future needs and requirements regarding routine and specialized resources. 22. Identify and collect required current situation information including information involving the condition/progress of the incident, incident operations and environmental conditions. a. Utilize Field Observers, Weather Observers, Intelligence/Investigations Liaison, Technical Specialists, and any other appropriate incident personnel or personnel located at off incident sites. b. Maintain close liaison with the Public Information officer. c. Maintain close liaison with other Command Staff positions and General Staff Sections. d. Utilize appropriate technical methods/techniques. e. Utilize any other appropriate incident resources or resources located at off incident sites. 23. Process, organize, analyze, evaluate, document, monitor, prepare summaries, display and disseminate all current situation information. 24. Identify and collect from various sources required routine and specialized information, intelligence and data, including risk assessments, threats, medical surveillance information, structural design information, geological data, meteorological data, utilities design/operations data, public works design/operations data, criminal intelligence, geospatial data and, when appropriate, intelligence community information. a. Maintain close liaison with the Intelligence/Investigations function irrespective of whether it is organized as a Section, Branch, Group or Command Staff position. b. Utilize Field Observers, Weather Observers, Intelligence/Investigations Liaison, Technical Specialists, and any other appropriate incident personnel or personnel located at off incident sites. c. Maintain close liaison with the Public Information officer. d. Maintain close liaison with other Command Staff positions and General Staff Sections. e. Utilize appropriate technical methods/techniques. f. Utilize any other appropriate incident resources or resources located at off incident sites. 25. Process, organize, analyze, evaluate, document, monitor, prepare summaries, display and disseminate appropriate incident related information, intelligence and data. 26. Coordinate with the Operations Section, the Intelligence/Investigations function and other appropriate General Staff Sections and Command Staff positions to ensure that all planning activities are reconciled with and do not compromise intelligence, investigative, support, operational, etc., confidentiality or security. 27. Implement procedures, plans, activities, etc., to ensure: a. Classified information is (1) Appropriately transmitted, received, documented, recorded, safeguarded, filed, maintained, secured, stored, etc.; and, (2) Communicated to and received by personnel specifically selected by the Command Element who have the appropriate "clearance level"/"access", i.e., Top Secret, Secret, SCI, and authorization, i.e., "need to know". b. Information that is restricted unclassified information, e.g., Law Enforcement Sensitive (LES), Official Use Only (OUO), Sensitive But Unclassified (SBU), personal, originator controlled, export controlled, personnel related, proprietary, etc., is (1) Appropriately transmitted, received, documented, recorded, safeguarded, filed, maintained, secured, stored, etc; and, (2) Communicated to and received by appropriate authorized personnel. 28. Confer with the Command Element and, when appropriate, the Intelligence/Investigations function, regarding the development, implementation and management of intelligence/ information/data security and operational security procedures, plans, activities, etc. 29. Report any significant changes in the current incident situation, or the incident progress, development and evolution. 30. Maintain records/documents and prepare analyses, evaluations, summaries and displays concerning estimates/forecasts regarding future incident related conditions/ occurrences; future incident related issues/problems; the development/evolution of the incident; the effects of incident management operations; incident potential; environmental conditions; etc. 31. Provide duplication services for incident personnel. 32. Ensure required incident related records/documents are prepared and the incident and all appropriate incident related activity is properly documented utilizing appropriate conventional, analog and digital techniques/methods. a. Prepare and maintain required conventional, analog and digital incident related documents, reports, forms, logs, records, files, etc. b. Maintain record/documents regarding the major steps taken to resolve the incident. 33. Ensure that conventional, analog and digital incident records/documents are properly prepared, maintained, safeguarded, filed, secured, stored, etc., for analytical, historical, legal and other appropriate purposes. 34. Maintain Incident Command Post Log containing: a. Summary of personnel deployment. b. Chronological listing of significant occurrences, conditions, operations, activities, etc. c. Chronological listing of essential information, e.g., crimes, arrests, injuries, fatalities. d. Results of periodic survey of incident area(s). e. Transfer(s) of Command. f. Information regarding the significant operations, actions, decisions, activities, etc., taken to resolve the incident. g. Other appropriate information/data. 35. Maintain maps, status boards, spreadsheets, matrices, charts, photos/images, timelines and other appropriate displays/visual aids regarding: a. Sector boundaries and Group deployments. b. Current resource deployments and estimated/forecasted future deployments. c. Locations of Incident Facilities, i.e., Incident Command Post, Operations Section Post, Intelligence/Investigations Post, Staging Area(s), Helispots, etc. d. Locations of past, current and estimated/forecasted future major incidents /events, e.g., disorderly groups, building collapses, fires, power outages. e. Perimeters implemented as part of Site Management Operations. f. Critical infrastructure, hazardous locations, sensitive locations and other appropriate areas/facilities. g. Appropriate emergency access/egress, evacuation, traffic, etc., routes. h. If applicable, appropriate mass transportation stations, terminals, routes, facilities, etc. i. CBRN/HazMat exclusion zones, if applicable. j. Current resources and estimated/forecasted future resource needs. k. Any other relevant or necessary information that could be better understood or analyzed if it was visually displayed. 36. Supervise preparation of the Demobilization Plan. a. Ensure Demobilization planning commences at an appropriate time during the incident. b. Recommend Demobilization release priorities to the Command Element for approval based upon continuing resource/support needs and requirements both at the incident, and when applicable, at appropriate off incident sites. c. Include specific instructions for all personnel and resources that will be demobilized. d. Ensure the Demobilization Plan is expeditiously disseminated/distributed in the appropriate manner at the incident, and when applicable, at appropriate off incident sites. 37. Manage the utilization, assignment and deployment of Technical Specialists, e.g., meteorologist, chemist, engineer, computer technician, epidemiologist, accountant, attorney, veterinarian, toxicologist, biologist, criminalist, physicist, medical doctor, etc. a. Technical Specialists may: i. Report directly to the Planning Section chief; ii. Report to any activated Unit/function within the Planning Section; iii. Be assigned to a separate specific Technical Specialists Unit within the Planning Section; iv. Be assigned to one or more General Staff Sections; v. Be assigned to one or more Command Staff positions as an Assistant(s); vi. Be designated as one or more additional separate Command Staff officers. 38. Determine whether to activate or deactivate a Unit within the Planning Section. If a Unit is not activated or is deactivated, the Planning Section chief is responsible for performing/managing that Unit's functions. a. The number of personnel assigned to a particular Unit will be determined by the Planning Section chief after conferring with the Command Element, and will depend upon the nature, size, complexity, location, duration, etc., of the incident. 39. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders/requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. 40. Prepare and maintain appropriate records, forms, logs, reports, etc., regarding the Planning Section functions/activities. 41. When necessary, activate or deactivate any of the following Units: a. Resources Unit b. Situation Unit c. Documentation Unit d. Demobilization Unit FORMS AND REPORTS DETAIL ROSTER/ASSIGNMENT SHEETS (PD406-141) P.G. 220-11 CIMS: Logistics Section Chief Date Effective: 08/01/13 CIMS: LOGISTICS SECTION CHIEF PURPOSE To outline the duties of the Logistics Section chief in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Logistics Section chief are: LOGISTICS SECTION CHIEF 1. Assume command as the Logistics Section chief as part of the Incident Management Team; and, with the exception of logistics/support air operations and aviation/aircraft resources, manage all logistics service and support functions at the incident, and when applicable, at appropriate off incident sites. 2. Determine whether to activate or deactivate a Unit within the Logistics Section. If a Unit is not activated or is deactivated, the Logistics Section chief is responsible for performing/managing that Unit's functions. The number of personnel assigned to a particular Unit will be determined by the Logistics Section chief after conferring with the Command Element, and will depend upon the nature, size, complexity, location, duration etc., of the incident. 3. Ensure logistics "Service" functions are properly performed. a. Communications (1) Manage all incident related communications functions and activities, i.e., voice/audio, data, image, text. (2) Engage in communications planning functions/activities; and, prepare the Communications Plan. The Communications Plan may be verbal or written. (3) When necessary, activate, operate and supervise the Incident Communications Center. (4) Request/order, obtain, receive, document, process, provide, record, install, test, distribute, maintain, service, safeguard, repair, replace, secure, store, recover, etc., analog and digital, and mobile/wireless and wire/landline, communications devices, equipment, systems and networks, i.e., voice/audio, data, image, text, including radios; landline telephones; wireless cellular and push-to-talk telephones; desk top, lap top and handheld digital computer communications hardware, software, peripherals, accessories, etc.; public address devices/systems; bullhorns; facsimile devices; pagers; mobile digital terminals; blackberries; pocket digital assistants; etc. (5) Identify and provide necessary NYPD Borough/Citywide "repeated" radio frequencies and/or tactical "point-to-point" radio frequencies for operational, command, tactical, investigative, support, aviation, etc., communications; and, provide any other additional required NYPD radio frequencies. (6) Provide inter-agency interoperable communications procedural and technological measures; and when appropriate, provide Borough/Citywide "repeated" interoperable radio frequencies, and/or tactical "point-to-point" interoperable radio frequencies. (7) When appropriate and necessary, provide the NYC Agencies' Citywide "repeated" interoperable 800 MHz radio frequency. (8) When appropriate, provide radio/mobile phone interconnect systems at incidents requiring additional support to ensure interoperable/shared communications. (9) Provide all required communication links to appropriate off incident sites. NOTE: Logistics Section Chief may have to work with other agencies communications. b. Medical (1) Generally not activated in NYC. However, a Medical Unit may be activated during a large incident that will continue for a significant period of time, or for a CBRN/HazMat incident. (2) Responsible for all medical service/support involving incident personnel at the incident, and when applicable, at appropriate off incident sites including providing medical care/treatments; vaccinations; prophylaxis, medical information; appropriate decontamination measures/treatment; emergency medical care/treatment; emergency and non-emergency transportation to appropriate medical facilities; mental, psychological, emotional and behavioral health services; privacy/security for hospitalized incident personnel; occupational health services; vector control/mitigation measures; assistance regarding personal and mortuary affairs for deceased incident personnel; required initial base-line physical/psychological medical examinations at the incident; required on-going physical/psychological medical monitoring/surveillance at the incident, etc. (3) Ensure that the condition, location, treatment, prognosis, etc., of sick/injured incident personnel are monitored, documented, evaluated and tracked as they move from point of origin, to one or more care facilities and to the final destination/disposition. (4) Collect, document, format, analyze, evaluate, secure/safeguard and file/store incident related health and safety data/information regarding injuries, illnesses, fatalities, accidents, CBRN/HazMat exposures, etc.; and, properly disseminate the data/information in compliance with applicable confidentiality/security procedures, policies, rules, regulations, statutes, etc., to the appropriate governmental agencies, non-governmental organizations and private entities/individuals. (5) Ensure post-incident medical physical and psychological health monitoring/surveillance, assessment/evaluation, treatment/counseling and assistance/support is provided when necessary. (6) Prepare the Medical Plan including ground/air emergency medical transportation; countermeasures regarding actual/potential hazardous, unhealthy and unsafe activities and conditions; medical assistance capabilities at the incident and at appropriate off incident sites; and procedures, treatment/care and resources required to resolve emergency and non-emergency medical problems. c. Food (1) Generally not activated in NYC. However, a Food Unit may be activated during an extremely large incident that will continue for a significant period of time. (2) Responsible for all food and water services/support involving incident personnel at the incident, and when applicable, at appropriate off incident sites including determining required routine and specialized food/water resources; service and support; planning menus; cooking/serving food; dispensing water; maintaining food/water service areas; ensuring food/water safety, health and security measures are implemented; etc. (3) Manage, control and coordinate the activities, functions and efforts of the General Staff, Command Staff, Primary Agency(ies), Supporting Agency(ies), Coordinating Agency; and, appropriate governmental agencies, non-governmental organizations and private entities/individuals regarding providing food and water resources, service and support to incident personnel at the incident, and when applicable, at appropriate off incident sites. 4. Ensure logistics "Support" functions are properly performed. a. Supply (1) Request/order personnel resources. When applicable, personnel resources will be ordered from appropriate off incident sites. (2) Except for aviation/aircraft resources, request/order, obtain, receive, document, process, provide, distribute, record, safeguard, store, secure, replace, recover, etc., incident related expendable and non-expendable tactical and support non-personnel resources including tools, supplies, vehicles, watercraft and equipment. When applicable, non-personnel resources will be ordered from appropriate off incident sites. (3) Except for mobile ground equipment, vehicles and aviation/aircraft resources, maintain, service, fuel and repair incident related expendable and non-expendable tactical and support non-personnel resources including tools, supplies, watercraft and equipment. b. Ground Support (1) Maintain, safeguard, store, secure, service, repair and fuel all mobile ground equipment and vehicles. (2) Prepare required documentation and records regarding appropriate mobile ground equipment and vehicles at the incident, and when applicable, at appropriate off incident sites. (3) Provide ground transportation for personnel, supplies, and equipment. When appropriate, maintain a transportation pool consisting of vehicles suitable for transporting personnel, e.g., cars, vans, buses. (4) Record "usage time", and prepare required maintenance, service and repair records and any other required documentation/records regarding appropriate mobile ground equipment and vehicles at the incident, and when applicable, at appropriate off incident sites. (5) When necessary, develop and implement the Traffic Plan. c. Facilities (1) Activate, maintain and demobilize Incident Facilities except the Helibase(s) and Helispot(s); and incident management related airplane, blimp and other aviation/aircraft resource air fields(s) not located at a conventional airport. Incident Facilities include: (a) Incident Command Post. (b) Staging Area(s). (c) Operations Section Post. (d) Intelligence/Investigations Section Post. (e) Incident Base. Absent extraordinary circumstances an Incident Base will not be activated in NYC. However, an Incident Base might be activated during an extremely large incident that will continue for an extended period of time. (f) Camp(s). Absent extraordinary circumstances a Camp(s) will not be activated in New York City. However, a Camp(s) might be activated during an extremely large incident that will require incident personnel to be lodged for an extended period of time in the vicinity of the incident. (g) Any other facilities situated at the incident, and when applicable, at appropriate off incident sites that will be used for providing food/water, lodging, shower, sanitation, etc., services to incident personnel; (h) Any other facilities situated at the incident, and when applicable, at appropriate off incident sites that will be used for conducting appropriate support and/or service functions and activities, e.g., Mass Care (Triage/ Treatment/Transportation), Mass Casualty Management, Mass Fatality Management/Temporary Morgue, Mass Decontamination, Family Assistance. (2) When appropriate, existing structures in the vicinity of the incident may be used either partially or entirely as Incident Facilities. 5. When necessary, activate or deactivate any of the following Service Units: a. Communications Unit b. Medical Unit c. Food Unit. 6. When necessary, activate or deactivate any of the following Support Units: a. Supply Unit b. Ground Support Unit c. Facilities Unit. 7. When necessary, activate a Support Branch to manage Support Units and/or a Service Branch to manage Service Units at the incident, and when applicable, at appropriate off incident sites. a. Assign Branch Directors. 8. Communicate and coordinate with the NYPD Special Operations Division, Aviation Unit regarding logistics/support air operations and aviation/aircraft resources. a. In NYC, pursuant to CIMS, logistics/support air operations and aviation/aircraft resources are managed and controlled by a NYPD Air Operations Branch Director if an Air Operations Branch has been activated. If an Air Operations Branch has not been activated or there is no NYPD Air Operations Branch Director, than logistics/support air operations and aviation/aircraft resources will be managed and controlled by the: (1) NYPD Operations Section chief in a Single Operations Section, or NYPD Agency Operations Section chief in a Unified Operations Section, if the Operations Section has been activated; or, (2) NYPD Incident Commander in a Single Command-Command Element, or NYPD Agency Incident Commander in a Unified Command-Command Element, if the Operations Section has not been activated; or, (3) NYPD Supporting Agency/Agency Representative if there is no NYPD Incident Commander or NYPD Agency Incident Commander; and, no NYPD Operations Section chief or NYPD Agency Operations Section chief. b. Outside NYC, logistics/support air operations and aviation/aircraft resources are managed and controlled by the: (1) Air Support Group Supervisor if an Air Support is activated; or, (2) Air Operations Branch Director if the Air Support Group is not activated but an Air Operations Branch is activated; or, (3) Operations Section chief if the Air Operations Branch is not activated. 9. Participate in planning meetings when appropriate. 10. Assist in the development of the Incident Action Plan. a. When necessary, prepare the Communications Plan, Medical Plan, Traffic Plan and any other required logistics service/support related plans. b. Ensure that the logistic service and support aspects of the Incident Action Plan are properly formulated and implemented. c. Provide advice to the Planning Section regarding the logistic service and support aspects of the Demobilization Plan. 11. Continually monitor performance, analyze data/information, evaluate incident operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related logistics service and support issues. b. Recommend to the Command Element any necessary modifications to the current Incident Action Plan, including Incident Objectives, Strategy, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, logistics service/ support activities, communications, etc. c. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. 12. Continually monitor/evaluate the organizational structure and effectiveness of the Logistics Section, and the performance of the Deputy(ies), Unit Leaders, Managers and assigned personnel. a. Make appropriate modifications when necessary. 13. Confer with the Primary Agency(ies), Supporting Agency(ies), Coordinating Agency and other appropriate governmental agencies, non-governmental organizations and private entities/individuals to determine current and estimate/forecast future routine and specialized required logistic service and support at the incident, and when applicable, at appropriate off incident sites. 14. Expeditiously provide routine and specialized required logistic service and support at the incident, and when applicable, at appropriate off incident sites. 15. Prepare and maintain appropriate records, forms, logs, reports, etc., regarding the Logistics Section functions/activities. 16. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders/requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. 17. Designate a Deputy or Deputies when necessary. a. The Deputy is the counterpart of the principal. Therefore, the Deputy should have the same qualifications, i.e., knowledge, skills, experience, as the principal; and, must be capable of assuming the principal's position. b. The role of the Deputy is flexible and the Deputy may: (1) Collect incident related information, monitor performance, evaluate incident operations/resources and communicate with the principal, i.e., be the "eyes and ears" of the principal. (2) Make important notifications, e.g., Bureau Chief, Patrol/Detective Borough Commander, Operations Unit, Emergency Operations Center if activated, Area Command if activated. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. c. The Deputy may be member of a different Agency/Jurisdiction than the principal. For example, the Deputy may be a member of an Agency/Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. 18. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. 19. Confer with the Office of Technology and Systems Development (OTSD), Communications Division (CD), Management Information Systems Division (MISD), Communications Section (CS), Electronics Section (ES), Technical Assistance and Response Unit (TARU), Counter Terrorism Bureau (CTB), other appropriate NYPD Units; and, any appropriate governmental agencies, non-governmental organizations and/or private entities/individuals regarding the communications functions and activities. 20. Ensure effective and efficient communications services and support are provided, i.e., voice/audio, data, image, text, at the incident, and when applicable, at appropriate off incident sites: a. Provide necessary analog and digital, and mobile/wireless and wire/landline, communications devices, equipment, systems and networks, i.e., voice/audio, data, image, text. b. Prepare the Communications Plan (1) Depending upon the circumstances, the Communications Plan may be verbal or written. c. When necessary, request the activation of a "Dual Dispatch System" and confer with the Communications Section supervisor regarding the appropriate notification protocols. (1) A Dual Dispatch System involves the routing of calls for service at the incident to incident personnel if it is high priority and to non incident personnel, i.e., precinct personnel, if it is low priority. d. Ensure that the Communications Section Platoon Commander is notified regarding all Emergency Public Information and all recommended public health, safety and security related protective measures, e.g., evacuate, shelter in place, change clothes, wash, etc.; and, any other information that would be vital to disseminate to 911 callers, 311 callers, involved individuals, incident personnel, governmental agencies, non-governmental organizations and/or private entities/individuals. e. Ensure borrowed or issued equipment/devices are returned at the appropriate time. f. Confer with OTSD, CD, MISD, CS, ES, TARU, CTB, other appropriate NYPD Units; and, any appropriate governmental agencies, non-governmental organizations and/or private entities/individuals regarding: (1) Required incident related communications service and/or support, e.g., Cell-On-Wheels (COW), priority cellular phones. (2) Any other appropriate voice/audio, image, text or data communications technical and/or non-technical needs, requirements, information, procedures, functions, issues, suggestions, problems, etc. 21. When appropriate, activate, operate and supervise the Incident Communications Center. a. The Incident Communications Center is used solely by resources at the incident, and when applicable, at appropriate off incident sites. b. The Message Center is a component of and is co-located with the Incident Communications Center. c. An Incident Dispatcher will be assigned and will be responsible for: (1) Assigning/dispatching resources at the incident, and when applicable, at appropriate off incident sites; and, (2) Receiving and transmitting radio, telephone, facsimile, computer, etc., messages; and, (3) Providing analog and digital, and mobile/wireless and wire/landline voice/audio, image, data, text, etc. communications service/support; and, (4) Providing other required incident dispatch services. d. If established, the Incident Communications Center should be located at the Incident Command Post. 22. Ensure that all requested resources respond promptly to the appropriate location. If requested resources have not promptly responded notify: a. Patrol Borough Office, Borough of occurrence when appropriate. b. Operations Unit. c. NYPD Emergency Operations Center if activated. 23. Select an appropriate location to establish the Logistics Section. a. Absent unusual circumstances, the Logistics Section will be located at the Incident Command Post. b. Outside of NYC, the Logistics Section is usually located at the Incident Base. However, absent extraordinary circumstances an Incident Base will not be established in NYC. P.G. 220-12 CIMS: Finance/Administration Section Chief Date Effective: 08/01/13 CIMS: FINANCE/ADMINISTRATION SECTION CHIEF PURPOSE To outline the duties of the Finance/Administration Section chief in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Finance/ Administration Section chief are: FINANCE / ADMINISTRATION SECTION CHIEF 1. Assume command as the Finance/Administration Section chief as part of the Incident Management Team; and, manage all financial and administrative activities. a. The Finance/Administration function may be performed by a Technical Specialist assigned to the Planning Section instead of activating the Finance/Administration Section, if minimal Finance/Administration activity is required, e.g., tracking overtime costs and ensuring overtime is properly coded. 2. Collect, process, organize, analyze, evaluate, record, monitor, prepare summaries, display and disseminate financial, administrative, time, overtime, personnel records, procurement, contract/agreement obligation, compensation/claims and cost related information, statistics and data as needed. 3. When necessary, identify current and estimate/forecast future incident related financial, administrative, time, overtime, personnel records, procurement, contract/agreement obligation, compensation/claims and cost related requirements, issues, needs, problems, advantages, etc. 4. Manage the "Compensation for Injury" function involving all financial and administrative activities regarding incident related injuries, illnesses and/or deaths of incident personnel. 5. Manage the "Claims" function involving all financial and administrative activities regarding incident related damage to property owned, rented, leased, etc., by a Primary Agency(ies), a Supporting Agency(ies), the Coordinating Agency and/or other governmental agency, non-governmental organization or private entity/individual involved in incident management operations, functions or activities. 6. Ensure proper and expeditious preparation, collection, processing and transmittal of incident related personnel time and overtime records. 7. Ensure proper overtime codes are being used by incident personnel. 8. When necessary, ensure proper preparation, maintenance and transmittal of applicable "personnel records" for incident personnel. 9. When appropriate, establish and operate an incident Commissary and designate a Commissary Manager. 10. Ensure that required resources are efficiently and expeditiously procured and manage all procurement related activities. 11. Manage all financial and administrative activities related to: a. Vendor contracts, obligations, leases, rental agreements, and other financial or administrative agreements. b. Inter-agency and inter-jurisdictional Memoranda of Understanding, Mutual Aid Agreements, Memoranda of Agreement and other compacts, agreements, obligations, grants, contracts, etc. 12. Record equipment "usage time," and costs involving equipment, fuel, parts, maintenance, service, repairs, etc. 13. Ensure all incident related contract/agreement obligation documents are properly prepared, approved, and executed. 14. Participate in planning meetings when appropriate. 15. Assist in the development of the Incident Action Plan. a. Prepare any required financial/administrative related plans. b. Ensure that the financial and administrative aspects of the Incident Action Plan are properly formulated and implemented. c. Provide advice to the Planning Section regarding the financial and administrative aspects of the Demobilization Plan. 16. Continually monitor performance, analyze data/information, evaluate incident operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related financial and administrative issues. b. Recommend to the Command Element any necessary modifications to the current Incident Action Plan, including Incident Objectives, Strategy, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, financial and administrative activity. c. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. 17. Continually monitor/evaluate the organizational structure and effectiveness of the Finance/Administration Section, and the performance of the Deputy(ies), Unit Leaders, Managers and assigned personnel. a. Make appropriate modifications when necessary. 18. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. 19. Meet with Supporting Agency/Agency Representative when necessary; and comply with each Supporting Agencies': a. Time, overtime, personnel records and other related financial and administrative policies and procedures. b. Equipment usage and other applicable equipment records/documentation related financial and administrative policies and procedures. c. Compensation for injury and property claims related financial and administrative policies and procedures. d. Procurement and contract/agreement obligation related financial and administrative policies and procedures. e. Cost related financial and administrative policies and procedures. f. Applicable and appropriate financial and administrative policies and procedures. 20. Confer with the Planning Section and Logistics Section to ensure that operational records are consistent with related financial and administrative records. 21. When necessary, collect, process, organize, evaluate, analyze, record, monitor, prepare summaries, display and disseminate appropriate incident related cost information, statistics and data. 22. When necessary, monitor costs to ensure compliance with applicable statutes, regulations, contracts, memoranda of understanding, grants, mutual aid agreements, etc. 23. When necessary, ensure that all activities involving financial reimbursements/obligations to and financial support/funds from one or more governmental agencies, non-governmental organizations and private entities/individuals are properly managed. 24. When necessary, provide immediate and contemporaneous, i.e., "real-time," monitoring of designated incident costs in order to determine any required additional funds that must be obtained in order to avoid adversely affecting overall or specific incident management operations, functions or activities. 25. Determine the current and estimate/forecast future incident related costs when requested. 26. If possible, identify current and future cost saving measures. 27. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders/ requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. 28. Prepare and maintain appropriate records, forms, logs, reports, etc., regarding the Finance/Administration Section functions/activities. 29. When necessary, confer with appropriate Agency/Headquarters finance/administrative personnel regarding incident related financial, administrative, procurement, contract/ agreement obligation, time, overtime, personnel records, cost and compensation/ claims information, data, problems, needs, requirements, issues, etc. 30. Select appropriate location for Finance/Administration Section. a. Finance/Administration Section may be located at the Incident Command Post; or, b. Finance/Administration Section may be situated at an off incident site, e.g., NYPD Headquarters-Office of the Deputy Commissioner Management and Budget, NYPD Operations Unit, NYPD Emergency Operations Center if activated. 31. Designate a Deputy or Deputies when necessary. a. The Deputy is the counterpart of the principal. Therefore, the Deputy should have the same qualifications, i.e., knowledge, skills, experience, as the principal; and, must be capable of assuming the principal's position. b. The role of the Deputy is flexible and the Deputy may: (1) Collect incident related information, monitor performance, evaluate incident operations/ resources and communicate with the principal, i.e., be the "eyes and ears" of the principal. (2) Make important notifications, e.g., Bureau Chief, Patrol/Detective Borough Commander, Operations Unit, Emergency Operations Center if activated, Area Command if activated. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. c. The Deputy may be a member of a different Agency/Jurisdiction than the principal. For example, the Deputy may be a member of an Agency/Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. 32. Determine whether to activate or deactivate a Unit within the Finance/Administration Section. If a Unit is not activated or is deactivated, the Finance/Administration Section chief is responsible for performing/managing that Unit's functions. a. The number of personnel assigned to a particular Unit will be determined by the Finance/Administration Section chief after conferring with the Command Element, and will depend upon the nature, size, complexity, location, duration, etc., of the incident. 33. When necessary, activate or deactivate any of the following Units: a. Time Unit b. Procurement Unit c. Compensation/Claims Unit d. Cost Unit ADDITIONAL DATA If there is a Single Command-Command Element, the Incident Commander will designate the one Finance/Administration Section chief. When the NYPD is the Primary Agency in a Single Command - Command Element, if the Finance/Administration Section is activated, absent unusual circumstances, the Incident Commander will have a member of the NYPD designated as the Finance/Administration Section chief; or if that is not possible, designated as a Deputy to a non-NYPD Finance/Administration Section chief. Whenever possible, the Incident Commander should designate a member of the service assigned to the Office of the Deputy Commissioner, Management and Budget to perform the functions of the Finance/Administration Section chief; or if that is not possible, to perform the functions of a Deputy to a non-NYPD Finance/Administration Section chief. If there is a Unified Command-Command Element, all of the Agency Incident Commanders will jointly designate the one Finance/Administration Section chief. When the NYPD is one of the Primary Agencies in a Unified Command-Command Element, if the Finance/ Administration Section chief position is activated, absent unusual circumstances, the NYPD Agency Incident Commander should make every effort to have a member of the NYPD designated as the Finance/Administration Section chief; or if that is not possible, designated as a Deputy to a non-NYPD Finance/Administration Section chief. Whenever possible, the NYPD Agency Incident Commander should designate a member of the service assigned to the Office of the Deputy Commissioner, Management and Budget to perform the functions of the Finance/Administration Section chief; or if that is not possible, to perform the functions of a Deputy to a non-NYPD Finance/Administration Section chief. P.G. 220-13 CIMS: Intelligence/Investigations Section Chief Date Effective: 08/01/13 CIMS: INTELLIGENCE/INVESTIGATIONS SECTION CHIEF SCOPE ORGANIZATION OF INTELLIGENCE / INVESTIGATIVE FUNCTIONS The investigative and intelligence aspects of incident management are significantly different from the tactical aspects and are not adequately addressed by the traditional Incident Command System (ICS) organizational model. Therefore, when there is a considerable investigative or intelligence component to the management or resolution of an incident, the Command Element should activate an Intelligence/Investigations Section as part of the General Staff. In unusual situations, when the Intelligence/Investigations function is not a considerable component of the management or resolution of an incident, it may be organized as a Branch or Group within the Operations Section rather than as a separate General Staff Section. In extremely unusual situations when the Intelligence/Investigations function is minimal, it may be organized as a Command Staff position or Planning Section/Situation Unit function. The Intelligence/Investigations function should be organized as a Section when the NYPD is the Primary Agency in a Single Command-Command Element, or when the NYPD is one of the Primary Agencies in a Unified Command-Command Element. PURPOSE To outline the duties of the Intelligence/Investigations Section chief in CIMS. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Intelligence/ Investigations Section chief are: INTELLIGENCE /INVESTIGATIONS SECTION CHIEF 1. Assume command as the Intelligence/Investigations Section chief as part of the Incident Management Team; and, manage investigative and intelligence operations. 2. Establish the Intelligence/Investigations Section Post at an appropriate location. a. The Intelligence/Investigations Section Post is the location where the Intelligence/ Investigations Section chief, Deputy(ies) and appropriate staff will remain and manage/direct all of the intelligence and investigative functions, operations and activities. b. The Intelligence/Investigations Section Post generally will not be co-located with the Operations Section Post or the Incident Command Post. The Intelligence/ Investigations Section Post will be established at a secure location within a reasonable distance from the Operations Section Post and the Incident Command Post. c. Chose a location that is a reasonable and appropriate distance from the incident; and, will provide for safety, health, security and force protection; and, will provide easy and expeditious access and egress; and, is sufficiently large and will allow for expansion; and, will permit continuous operations; and, will provide adequate work space and utility/communications service. Generally, the Intelligence/Investigations Section Post will be located within the Site Access Control/Outer Perimeter. d. If necessary, the Intelligence/Investigations Section Post may be relocated. e. The Intelligence/Investigations Section Post can be any type of facility that is available and appropriate, e.g., vehicle, trailer, tent, open area, room in a building. f. Ensure that adequate safety, health, security and force protection measures are implemented. 3. Ensure appropriate investigative techniques are utilized. 4. Ensure assigned investigative leads/tasks are properly recorded. 5. Ensure assigned investigative leads/tasks are being properly performed. 6. Ensure all appropriate follow-up actions are promptly identified, assigned, recorded and properly performed. 7. Ensure Investigative Scenes and Crime Scenes are identified, secured and processed. a. Determine the number, location, size, boundaries, configuration, etc., of the Crime Scenes and/or Investigative Scenes. The size of the Crime Scenes and/or Investigative Scenes will depend upon the circumstances of the incident. However, initially the size of the Crime Scenes and/or Investigative Scenes should be large, and as time progresses and additional facts are discovered they may be reduced in size. b. In order to minimize/avoid the alteration, loss, contamination, degradation, destruction, etc., of physical evidence, ensure access to the Crime Scenes, and if applicable, the Investigative Scenes, are strictly controlled. Absent extraordinary circumstances and/or circumstances involving the life or safety of involved persons or the public, only appropriately trained and equipped personnel who are involved in the investigation of the incident and have an absolute need to enter will be allowed access within the Crime Scenes, and if applicable, the Investigative Scenes. Civilians and personnel representing involved governmental agencies, non-governmental organizations and private entities/individuals who are unauthorized or unnecessary, including unnecessary NYPD personnel, will not be allowed access within the Crime Scenes, and if applicable, the Investigative Scenes. c. When appropriate authorize the release and relinquishment of control of the Crime Scenes and/or Investigative Scenes. 8. Ensure forensic evidence and conventional, analog and/or digital investigative evidence (documents/text, images/photos, audio, data) are properly and expeditiously collected, vouchered and analyzed/examined. 9. Ensure all investigative activity associated with telephone, computer and other types of electronic communications is properly performed. 10. Ensure intelligence information is collected in a timely manner. 11. Ensure threat information is expeditiously identified, processed, analyzed, evaluated, documented and disseminated to the Command Element, Operations Section, and appropriate Command Staff positions, General Staff Sections, governmental agencies, non-governmental organizations, private entities/individuals. a. Recommend appropriate alerting or non-alerting prevention, interdiction, disruption, denial, etc., countermeasures/techniques to the Command Element and Operations Section. 12. Ensure investigative and intelligence information is processed, organized, analyzed, evaluated, documented and appropriately disseminated. a. Implement procedures, plans, activities, etc., to ensure: (1) Classified information is: i. Appropriately transmitted, received, documented, recorded, safeguarded, filed, maintained, secured, stored, etc.; and, ii. Communicated to and received by personnel specifically selected by the Command Element who have the appropriate "clearance level"/"access", i.e., Top Secret, Secret, SCI, and authorization, i.e., "need to know." (2) Information that is restricted unclassified information, e.g., Law Enforcement Sensitive (LES), Official Use Only (OUO), Sensitive But Unclassified (SBU), personal, originator controlled, export controlled, personnel related, proprietary, etc., is: i. Appropriately transmitted, received, documented, recorded, safeguarded, filed, maintained, secured, stored, etc.; and, ii. Communicated to and received by appropriate authorized personnel. b. Confer with the Command Element and, when appropriate, the Planning Section, regarding the development, implementation and management of intelligence/ information/data security and operational security procedures, plans, activities, etc. 13. Ensure intelligence and investigative information is processed, documented, organized, recorded, summarized, presented and displayed in a manner that allows it to be easily visualized, analyzed, evaluated and understood, e.g., link analysis charts, organization/ hierarchy charts, matrices, spreadsheets, maps, images/photos, charts, timelines, etc. 14. Ensure all investigative activity associated with missing persons, unidentified aided persons and human remains is properly performed. 15. Ensure all operational and support resources are being efficiently and effectively utilized. 16. Ensure required legal advice, services and process, e.g., warrants, subpoenas, court orders, etc., are expeditiously obtained. 17. Ensure a chronological account of the significant investigative and, when appropriate, intelligence information, actions and results, is appropriately recorded, documented and displayed. a. Confer and coordinate with the Planning Section. 18. Develop and implement accountability, safety, health, force protection and security measures for personnel, vehicles, equipment, facilities and other resources. 19. Interact with any position within the incident management organization; however absent emergency circumstances, direction may only be given through the established Chain of Command. Additionally, absent extraordinary circumstances, resource orders/requests and resource status changes must be approved by the appropriate authority and communicated through the established Chain of Command. 20. Ensure appropriate records, forms, logs, reports, etc., regarding the Intelligence/Investigations Section functions/activities are properly prepared and maintained. 21. Ensure appropriate investigative and intelligence information is expeditiously communicated to the Command Element, Operations Section, Planning Section/Situation Unit and any other appropriate General Staff Sections and Command Staff positions: a. When the Intelligence/Investigations Section is activated, a member of the Operations Section should be assigned to the Intelligence/Investigations Section Post to act as a liaison, and a member of the Intelligence/Investigations Section should be assigned to the Operations Section Post to act as a liaison. b. Depending upon the significance of the intelligence/investigative component of the incident and after conferral with the Operations Section chief, the member of the Operations Section assigned to the Intelligence/Investigations Section Post and the member of Intelligence/Investigations Section assigned to the Operations Section Post to act as liaisons may be supervisors. 22. Direct and coordinate investigative and intelligence operations, functions and activities regarding all involved governmental agencies, non-governmental organizations and private entities/individuals, e.g., FBI, USSS, ATF, ICE, Customs and Border Patrol, US Park Police, US Postal Inspection Service, National Transportation Safety Board, Coast Guard, US DOD police/investigators, NYS Police, NYS DEC, MTAPD, PAPD, FDNY, Fire Marshalls, NYC DEP, NYC DPR Urban Park Service, NYC DS Police, NYC DOC, NYC DOHMH Epidemiologists, NYC Health and Hospitals Corporation security, private security, private investigators. 23. Ensure investigative and intelligence activity is coordinated with the appropriate Command Staff positions and General Staff Sections. a. In particular, maintain close liaison, frequently communicate and continually coordinate tactical investigative and intelligence activity with the Operations Section, e.g., warrant executions, arrests, evidence searches/seizures, physical surveillance, electronic surveillance, surreptitious entries, non-alerting/ruse detentions, confidential informant/ undercover operations, etc. 24. Participate in planning meetings when appropriate. 25. Assist in the development of the Incident Action Plan. a. Ensure that Investigative/Intelligence Operations and considerations, particularly those involving the processing of Crime Scenes and Investigative Scenes, are included in the Incident Objectives. b. Prepare the Intelligence/Investigations Plan and any other required intelligence/ investigations related plans. c. Ensure that the intelligence and investigative aspects of the Incident Action Plan are properly formulated and implemented. d. Provide advice to the Planning Section regarding the investigative and intelligence aspects of the Demobilization Plan. 26. Continually monitor performance, analyze data/information, evaluate operations and resources, assess the current situation and evaluate the implementation of the Incident Action Plan. a. Provide advice and make appropriate recommendations to the Command Element regarding incident related intelligence and investigative issues. b. Recommend to the Command Element any necessary modifications to the current Incident Action Plan, including Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, resources, incident management operations, communications, Investigative/Intelligence Operations, etc. c. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. 27. Continually monitor/evaluate the organizational structure and effectiveness of the Intelligence/Investigations Section, and the performance of the Deputy(ies), Group Supervisors and assigned personnel. a. Make appropriate modifications when necessary. 28. Designate a Deputy or Deputies when necessary. a. The Deputy is the counterpart of the principal. Therefore, the Deputy should have the same qualifications, i.e., knowledge, skills, experience, as the principal; and, must be capable of assuming the principal's position. b. The role of the Deputy is flexible and the Deputy may: (1) Collect incident related information, monitor performance, evaluate incident operations/ resources and communicate with the principal, i.e., be the "eyes and ears" of the principal. (2) Make important notifications, e.g., Bureau Chief, Patrol/Detective Borough Commander, Operations Unit, Emergency Operations Center if activated, Area Command if activated. (3) Function as a relief. (4) Be assigned specific tasks as requested by the principal. c. The Deputy may be a member of a different Agency/Jurisdiction than the principal. For example, the Deputy may be a member of an Agency/Jurisdiction that: (1) Currently has, or after a period of time, may have significant resources involved in the incident management effort; or, (2) Currently is, or after a period of time, may be significantly affected by the incident. 29. Determine whether to activate or deactivate a Group within the Intelligence/Investigations Section. If a Group is not activated or is deactivated, the Intelligence/Investigations Section chief is responsible for performing/managing that Group's functions. a. The number of personnel assigned to a particular Group will be determined by the Intelligence/Investigations Section chief after conferring with the Command Element, and will depend upon the nature, size, complexity, location, duration, etc., of the incident. 30. When necessary, activate or deactivate the following Groups. a. Investigative Operations Group b. Intelligence Group c. Forensics Group d. Electronic Communications, Surveillance and Evidence Group e. Missing/Unidentified Persons and Human Remains Group f. Investigative Support Group. ADDITIONAL DATA Depending upon the circumstances, personnel assigned to the Intelligence/Investigations Section may utilize some or all of the following investigative techniques: a. Conduct canvasses, technical and non-technical. b. Perform interviews and interrogations. c. Process Crime Scenes and Investigative Scenes. d. Collect, voucher and examine/analyze forensic evidence and conventional, analog and/or digital investigative evidence (documents/text, images/photos, audio, data.) e. Collect, process and analyze intelligence, i.e., unclassified, classified, open source. f. Conduct physical and electronic surveillance. g. Conduct searches and seizures. h. Conduct apprehensions. i. Conduct alerting and non-alerting stops/detentions. j. Request directed enforcement operations, e.g., criminal, regulatory, civil, parole, probation. k. Conduct identification procedures, i.e., lineups, photo arrays, PhotoManager photos. l. Query Databases/Records. m. Obtain, analyze and exploit telephone, computer and other types of electronic communications information/records, both historical and real time. n. Utilize mail covers and trash covers. o. Obtain and examine relevant records maintained by the NYPD and other governmental agencies, non-governmental organizations and private entities/individuals, e.g., 911 tapes, 311 tapes, Communications Division tapes, SPRINT reports, Investigative Case Folders, Administrative Case Folders, DMV photos. p. Debrief prisoners. q. Conduct undercover and confidential informant operations. r. Utilize appropriate event/timeline reconstruction techniques. s. Perform behavioral analysis and psychological profiling. t. Conduct financial analyses. u. When necessary, disseminate appropriate investigative information to other law enforcement agencies, the media and the public. v. Utilize public "Hotlines/Tiplines." w. Utilize polygraph examinations. INVESTIGATIVE SCENES AND CRIME SCENES An Investigative Scene is an area or areas where investigative information may be obtained by identifying/interviewing witnesses; performing canvasses; examining conventional, analog and digital documents/text, images/photos, audio and/or data; performing identification techniques; etc. A Crime Scene is an area or areas that contain physical evidence that may have forensic, investigative, demonstrative or other probative value. Crime Scenes and Investigative Scenes include: a. "Body Collection Points" where human remains are gathered for investigative and forensic evidence processing. b. "Casualty Collection Points" where ill/injured individuals are gathered for triage, emergency treatment, and transportation to the hospital. c. Decontamination areas where individuals are decontaminated using mass/gross, technical, emergency, etc., decontamination procedures. d. Areas where forensic evidence or conventional, analog and/or digital investigative evidence (documents/text, images/photos, audio, data) is collected, processed, examined/analyzed, stored, safeguarded, etc. All personnel assigned to governmental agencies, non-governmental organizations and private entities/individuals involved in incident management activities are responsible for avoiding or minimizing disturbance of Investigative/Intelligence Operations, particularly the processing of Crime Scenes and Investigative Scenes. Individuals who are unauthorized or unnecessary, including unnecessary NYPD personnel, will not be allowed access within the Investigative Scene(s) and/or Crime Scene(s). P.G. 220-14 CIMS: Supporting Agencies And Agency Representatives Date Effective: 08/01/13 CIMS: SUPPORTING AGENCIES AND AGENCY REPRESENTATIVES PURPOSE To understand the roles of Supporting Agency/Agency Representative in CIMS. DEFINITIONS SUPPORTING AGENCY - a governmental agency, non-governmental organization, and/or private entity whose resources, i.e., personnel, vehicles, equipment, subject matter expertise, etc., are deployed to an incident to support incident operations, and assist the Primary Agency(ies) successfully resolve the incident. A Supporting Agency assists the Primary Agency(ies) accomplish the Incident Objectives by providing resources to the incident management efforts. A Supporting Agency is not a Primary Agency in a Single Command-Command Element; nor is it one of the Primary Agencies in a Unified Command-Command Element. However, each Supporting Agency retains responsibility for its' resources; and retains its' jurisdictional, legal, functional, administrative, etc., authority. There are two types of Supporting Agencies: a. ASSISTING AGENCY - an Agency providing personnel, services or other resources to the Agency with direct responsibility for incident management; and/or, an Agency directly contributing tactical or service resources to another Agency, e.g., NYPD, FDNY, EMS, DSNY, DEP. b. COOPERATING AGENCY - an Agency that supports the incident management efforts by providing assistance other than tactical resources; and/or, an Agency that supplies assistance other than direct operational or support functions or resources to the incident management efforts, e.g., Salvation Army, American Red Cross. SUPPORTING AGENCY/AGENCY REPRESENTATIVE - Each Supporting Agency will designate a "Supporting Agency/Agency Representative." A Supporting Agency/Agency Representative is an individual who has been given authority by the Supporting Agency to make decisions on matters affecting that Agency's efforts to assist the Command Element successfully resolve the incident. The Supporting Agency/Agency Representative must have the authority to make decisions, give direction and commit resources on behalf of their Supporting Agency. The Supporting Agency/Agency Representative is not a member of the Command Element. PROCEDURE Upon arriving at the scene of an incident, the responsibilities of the Supporting Agency/Agency Representative are: SUPPORTING AGENCY/ AGENCY REPRESENTATIVE 1. Assume the position of Supporting Agency/Agency Representative; and, report to the Liaison officer, or if not activated, the Command Element and obtain briefing. 2. Ensure all Supporting Agency resources have completed Check-In at the appropriate location(s). 3. Inform Supporting Agency personnel assigned to the incident that a Supporting Agency/ Agency Representative has been designated; and, identify self as the designated Supporting Agency/Agency Representative. 4. Attend planning meetings when appropriate; and, when applicable, assist in the development of the Incident Action Plan. 5. Inform the Liaison officer, or if not activated, the Command Element of current, anticipated or potential inter-organizational or inter-agency issues, problems, conflicts, etc. 6. Cooperate with the Command Element, Command Staff and General Staff regarding Supporting Agency involvement at the incident. 7. Assist the Primary Agency(ies) regarding the implementation of the Incident Action Plan. 8. Ensure accountability, safety, health, force protection and security measures are developed and implemented for personnel, vehicles, equipment, facilities, and other Supporting Agency resources assigned to the incident. 9. Inform the Liaison officer, or if not activated, the Command Element, of any special Supporting Agency specific needs, requirements, restrictions, limitations, etc. 10. Absent unusual circumstances, establish a work location at or in the vicinity of the Incident Command Post. 11. Inform the Liaison officer regarding: a. Current status of Supporting Agencies' resources, b. Current number, Kind, Type, capabilities, limitations, etc., of the Supporting Agencies' resources, c. Availability of Supporting Agencies' resources regarding current, anticipated or potential resource requests. 12. Report to the Supporting Agency Dispatcher and /or Headquarters on a pre-arranged schedule. 13. Ensure all required Supporting Agency records, forms, logs, reports, and documents are properly prepared. 14. When demobilization occurs, ensure: a. All Supporting Agencies resources are properly accounted for and released. b. All incident related operations, assignments, tasks, etc., have been completed. c. All incident related logistics service and support functions and activities have been completed. d. All required incident related records, forms, logs, reports and other administrative activity have been completed. e. All borrowed equipment is returned to the appropriate location/Unit. 15. Attend debriefing session with the Liaison officer, or if not activated, the Command Element, prior to departure from the incident due to reassignment, end of tour, demobilization, etc. P.G. 220-15 CIMS: Coordinating Agency Date Effective: 08/01/13 CIMS: COORDINATING AGENCY PURPOSE To understand the role of the Coordinating Agency in CIMS. SCOPE The New York City Office of Emergency Management (OEM) is the designated Coordinating Agency. OEM may respond to multi-agency incidents and participate in a Unified Command or Single Command incident management organization. PROCEDURE At multi-agency incidents OEM will: OFFICE OF EMERGENCY MANAGEMENT 1. Ensure a CIMS incident management organization is implemented. 2. Coordinate resources supplied by Agencies involved in incident related response and recovery operations, functions and activities. 3. Provide information to the OEM Emergency Operations Center and to the Mayor. 4. Support logistics and communications needs. 5. Obtain subject matter expertise. 6. Facilitate transition of command. 7. Facilitate resolution of interagency differences. 8. Coordinate and support Recovery/Restoration Operations. ADDITIONAL DATA DO NOT wait for a representative from OEM to arrive at the incident site to begin inter-agency coordination. In complex incidents where the Primary Agency designation is unclear, or the incident is not listed in the Primary Agency Matrix, or the Primary Agency designation changes as some or all of the Incident Objectives are achieved, OEM, based upon the CIMS Protocol, will identify the appropriate Primary Agency or Agencies. P.G. 220-16 CIMS: Intergrated Communications Date Effective: 08/01/13 CIMS: INTERGRATED COMMUNICATIONS PURPOSE To ensure proper communications integration takes place between this Department and other agencies at an incident. SCOPE Effective, efficient, integrated communications are essential in order to successfully resolve emergency incidents. Agencies participating in emergency response in New York City have implemented several procedural and technological measures to ensure that effective, efficient and integrated on-scene inter-agency communications can be achieved. Agencies will continue to evaluate communications best practices and evolving voice, image, text and data communications technologies to improve tactical and citywide inter-agency communications. MEASURES Procedural Measures 1. Ensuring that all ranking Agency members manage the incident from one single Incident Command Post; 2. Ensuring that Agency personnel operating at an incident use clear text for inter-agency communications, i.e., no agency-specific codes or jargon; and, communicate using standard CIMS terminology; 3. Ensuring that all incident personnel observe strict radio/telephone communications discipline and limit communications to essential information only; 4. Establishing criteria for implementing Borough/Citywide "repeated" interoperable radio frequencies and tactical "point-to-point" interoperable radio frequencies for coordination at the incident scene. Technological Measures 1. Ensuring that all Agencies participating in emergency responses in NYC may utilize the NYC Agencies' Citywide "repeated" interoperable 800 MHz radio frequency; 2. Ensuring that first responder Agencies have other first responder Agencies' Borough/Citywide "repeated" interoperable radio frequencies in their command vehicles and their aviation and marine assets; and, that the Borough/Citywide "repeated" interoperable radio frequencies are appropriately utilized. 3. Utilizing tactical "point-to-point" interoperable radio frequencies for coordination at the incident scene; and 4. Deploying radio/mobile phone interconnect systems to incidents requiring additional support to ensure interoperable/shared communications. Communications Plan The Command Element will implement a Communications Plan that will identify the tactical "point-to-point" interoperable radio frequencies and Borough/Citywide "repeated" interoperable radio frequencies that will be used to manage the incident. The plan may be written or verbal depending upon the nature, location, size, complexity and duration of the incident. The Communications Plan will be part of the Incident Action Plan for each Operational Period and will be disseminated/distributed to all Agencies participating in the response. When applicable, CIMS ICS form 205 may be used to assist in the formulation of the Communications Plan. P.G. 220-17 CIMS: Transfer Of Command Date Effective: 08/01/13 CIMS: TRANSFER OF COMMAND PURPOSE To describe the formal Transfer of Command process at an incident. PROCEDURE Upon arriving at the scene of an incident, the ranking member of the service will either: RANKING MEMBER OF THE SERVICE 1. Assume command if there is no Command Element; or, 2. Assume command from the current Command Element; or, 3. Make no change regarding the current Command Element; or, 4. Designate a third party to assume command from the current Command Element. NOTE: When there is a change in the Command Element, there must be a formal Transfer of Command process. TRANSFER OF COMMAND 5. "Transfer of Command" may take place: a. When a higher ranking person arrives at the scene and elects or has been appropriately designated to assume command. This is often associated with an expanding incident that recently occurred and is still in its initial stages of development. In this situation, because of the outgoing Command Element's specific knowledge/experience regarding the incident, the incoming Command Element may assign the outgoing Command Element to perform/manage a different incident related function, e.g., Operations Section chief. b. By transferring command to a less senior or less experienced person when an incident is stabilized, or has been reduced in size or severity, or is close to final mitigation, or will demobilize after a short period of time. c. When needed because personnel have been appropriately designated to assume command for a new Operational Period(s). d. To allow the Command Element to be dismissed at the end of the designated tour. 6. Over the course of an incident, as emergency conditions change or Incident Objectives are completed, the Primary Agency designation may also change and there may be a Transfer of Command from one or more Primary Agencies to a different Primary Agency or Agencies. The Primary Agency Matrix will be used to identify the appropriate Agency or Agencies to which command will be transferred. 7. Transfer of Command also involves the replacement of the General Staff Section chiefs and Command Staff officers, e.g., Operations Section chief, Planning Section chief, Public Information officer. Transfer of Command Process 8. The Transfer of Command process must include a briefing that captures all of the essential information required to ensure continuing effective and efficient command. This information should be recorded and displayed for easy retrieval and subsequent briefings. 9. A Transfer of Command checklist should be used and it should include at least the following: a. Has an appropriate CIMS incident management organization been implemented, and is appropriate CIMS terminology being used at the incident? b. Has one single Incident Command Post been established? c. If possible, will Transfer of Command take place face-to-face? d. If possible, will the incoming Command Element personally perform a detailed assessment of the incident situation with the outgoing Command Element? e. Will the outgoing Command Element provide a comprehensive briefing to the incoming Command Element? f. Has an appropriate time been chosen for the formal Transfer of Command to occur? g. Has the incoming Command Element formally accepted command? h. Have notifications been made to the appropriate entities, i.e., General Staff, Command Staff, Primary Agencies, Coordinating Agency, Supporting Agencies, Communications Division dispatcher and/or supervisor, all incident supervisors, etc.? 10. The Transfer of Command briefing should include: a. Concise history of the incident. b. Current incident situation status. c. Incident Objectives, Strategy and priorities. d. Incident Action Plan. e. Current organizational structure. f. Resource assignments. g. Resources enroute, ordered and/or required. h. Status of current and planned tactical operations/activities. i. Status of current and planned investigative operations/activities. j. Current incident related intelligence including any threat information and/or risk assessments. k. Status of Incident Facilities. l. Status of communications and Communications Plan. m. Any operational constraints or limitations. n. Current concerns, problems, issues, etc. o. Estimate/prediction of the future progress of the incident and potential concerns, problems, issues, etc. p. "Delegation of Authority" issues. P.G. 220-18 CIMS: Incident Sequence Date Effective: 08/01/13 CIMS: INCIDENT SEQUENCE PURPOSE To describe the general CIMS Incident Sequence. PROCEDURE When responding to an incident, generally, the following Incident Sequence will occur: CIMS INCIDENT SEQUENCE 1. Depending upon the incident type, one or more Agencies will respond. The first arriving units assess the scene and, if capable, initiate Life Safety and Site Management Operations. The Command Element (Single or Unified) is established with the Primary Agency or Agencies determined by the Primary Agency Matrix. The Command Element assumes overall incident management responsibility; establishes an Incident Command Post at a safe and secure location near the incident site; and establishes General Staff Sections (Operations, Planning, Logistics, etc.) and/or Command Staff positions as needed. 2. If an Operations Section is activated, an Operations Section Post is established to direct tactical operations including Life Safety Operations and Site Management Operations. 3. If a Unified Command-Command Element is managing the incident, then a Unified Operations Section is established. At every CBRN/HazMat incident a Unified Operations Section will be established. 4. If there is a CBRN/HazMat incident, until the NYPD determines that there is no actual or suspected criminal activity or terrorism, the NYPD will be the Primary Agency and will establish a Single Command - Command Element. If the NYPD determines that there is no actual or suspected criminal activity or terrorism, then a Unified Command-Command Element will be established, and the NYPD will designate an Agency Incident Commander. When determining whether there is actual or suspected criminal activity or terrorism, comply with the procedures contained in Interim Order 39 series 2004, "Processing Unknown Substances Suspected of Being Chemical, Biological, Radiological, Nuclear (CBRN)/Hazardous Materials Evidence." 5. Absent extraordinary emergency circumstances including unacceptable personnel safety risks, operating personnel will continue rescue operations to completion, or until relief is required due to fatigue, equipment failure or need for additional resources. NOTE: The Coordinating Agency will ensure that the Incident Command Post and Operations Section Post are established and appropriately staffed. 6. Investigative Operations may be initiated concurrently with Life Safety Operations. However, absent extraordinary emergency circumstances, life safety concerns will take precedence over investigative considerations until Life Safety Operations are concluded. 7. During Investigative Operations, Recovery/Restoration Operations may be delayed to minimize disturbance to Investigative Scenes, Crime Scenes and other investigative/ intelligence operations, activities, functions, etc. However, with the approval of the Command Element, in consultation with the Investigating Agency, Recovery/ Restoration Operations may be initiated concurrently with Investigative Operations. 8. As part of Site Management Operations, the NYPD will consult with the Primary Agency(ies) directing Life Safety Operations and/or Investigative Operations. Based upon that consultation, the NYPD will establish appropriate perimeters as needed, and will exclude non-essential personnel from the incident site. 9. Recovery/Restoration Operations include final mitigation of the incident, and a return to non-emergency conditions. Recovery/Restoration Operations can be initiated concurrently with Life Safety and/or Investigative Operations with the approval of the Command Element. NOTE: The Coordinating Agency will facilitate and support Recovery/ Restoration Operations. 10. Upon completion of Recovery/Restoration and Site Management Operations, the Operations Section Post and the Incident Command Post are demobilized and the incident is concluded. ADDITIONAL DATA In practice, there may be further overlap between the various phases of the incident. For example, some Recovery/Restoration activities, such as restoration of power or telephone service, may begin concurrently with Life Safety and Investigative Operations, provided that the Recovery/Restoration Operations support and do not conflict with other incident site operations. Appendix "A" is a diagram illustrating the CIMS Incident Sequence. APPENDIX "A" (Figure 61) P.G. 220-19 CIMS: Incident Facilities Date Effective: 08/01/13 CIMS: INCIDENT FACILITIES PURPOSE To define and describe CIMS Incident Facilities. PROCEDURE When responding to an incident where CIMS has been implemented, Incident Facilities will be defined and described as follows: DEFINITIONS INCIDENT COMMAND POST The Incident Command Post is the location where the Command Element, i.e., Single Command, Incident Commander or Unified Command, Agency Incident Commanders, will remain and perform the command function. The Incident Command Post provides a central coordination point from which the Command Element, Command Staff, each appropriate Supporting Agency/Agency Representatives, Coordinating Agency, General Staff planning functions and certain General Staff support functions will normally operate. The Command Element, necessary members of the Command Staff, necessary members of the General Staff, each required Supporting Agency/Agency Representative and Coordinating Agency, will report to the Incident Command Post as soon as possible; remain together; develop the Incident Objectives, Strategies, Tactical Direction, tactics, assignments, priorities, etc.; and, formulate one single Incident Action Plan. Depending upon the nature, size, complexity, location, duration, etc., of the incident, some members of the General Staff may be situated/operating at other locations. However, they will attend planning meetings conducted at the Incident Command Post and will remain in close contact with the Command Element. There is only one Single Incident Command Post for an incident irrespective of whether there is a Single Command-Command Element or a Unified Command-Command Element. The Incident Command Post will be identified by the name of the incident. The Command Element will select an appropriate location to establish the Incident Command Post (ICP). If there is a Unified Command-Command Element, Agency Incident Commanders will jointly select an appropriate location to establish the Incident Command Post. Initially, the Incident Command Post will be wherever the Command Element is located. The Incident Command Post can be any type of facility that is available and appropriate, e.g., vehicle, trailer, tent, open area, room in a building. The Incident Command Post should be large enough to provide adequate work space for the assigned personnel. The Incident Command Post should contain situation information and resource status displays and other planning related information. Adequate safety, health, security and force protection measures will be implemented regarding the Incident Command Post. The Incident Communications Center is often located within or adjacent to the Incident Command Post. A location will be chosen for the Incident Command Post that is a reasonable and appropriate distance from the incident site; and, will provide for safety, health, security and force protection; and, will provide easy and expeditious access and egress; and, is sufficiently large and will allow for expansion; and, will permit continuous operations; and, will provide adequate work space and utility/communications service. Generally, the Incident Command Post will be located within the Site Access Control/Outer Perimeter. Whenever possible, the Incident Command Post should not be relocated. However, it may be necessary to relocate the Incident Command Post if the incident evolves/progresses and circumstances or conditions change. For example, during the initial stages of an incident the situation may rapidly change and the Incident Command Post may have to be relocated one or more times; or, the Incident Command Post may have to be relocated if an Operations Section Post is activated; or, a change in incident size/location may require relocation of the Incident Command Post in order to improve command, operations, communications, etc.; or, relocation of the Incident Command Post may be required in order to resolve safety, health, security or force protection issues. Outside of NYC, under NIMS ICS, the Incident Command Post may be located at the Incident Base. However, absent extraordinary circumstances, in NYC an Incident Base will not be established. Once the Incident Command Post is established, appropriate notifications will be made regarding the location of the Incident Command Post. Additionally, a flag, banner, beacon, sign or other distinctive marker will be used to identify the location of the Incident Command Post. OPERATIONS SECTION POST The Operations Section Post is the location where the Operations Section chief/Agency Operations Section chiefs, Deputy(ies) and appropriate staff will remain and manage/direct all of the tactical functions, operations and activities. If there is a Unified Operations Section, Agency Operations Section chiefs will jointly select an appropriate location to establish the Operations Section Post. The Operations Section Post can be any type of facility that is available and appropriate, e.g., vehicle, trailer, tent, open area, room in a building. Adequate safety, health, security and force protection measures will be implemented regarding the Operations Section Post. The Operations Section Post generally will not be co-located with the Intelligence/Investigations Section Post or the Incident Command Post. The Operations Section Post will be established at a secure location within a reasonable distance from the Intelligence/Investigations Section Post and the Incident Command Post. A location will be chosen for the Operations Section Post that is reasonable and appropriate distance from the incident site; and, will provide for safety, health, security and force protection; and will provide easy and expeditious access and egress; and, is sufficiently large and will allow for expansion; and, will permit continuous operations; and, will provide adequate work space and utility/communications service. Generally, the Operations Section Post will be located within Site Access Control/Outer Perimeter. If necessary, the Operations Section Post may be relocated. INTELLIGENCE / INVESTIGATIONS SECTION POST The Intelligence/Investigations Section Post is the location where the Intelligence/Investigations Section chief, Deputy(ies) and appropriate staff will remain and manage/direct all of the intelligence and investigative functions, operations and activities. The Intelligence/Investigations Section Post can be any type of facility that is available and appropriate, e.g., vehicle, trailer, tent, open area, room in a building. Adequate safety, health, security and force protection measures will be implemented regarding the Intelligence/Investigation Section Post. The Intelligence/Investigations Section Post generally will not be co-located with the Operations Section Post or the Incident Command Post. The Intelligence/Investigations Section Post will be established at a secure location within a reasonable distance from the Operations Section Post and the Incident Command Post. A location will be chosen for the Intelligence/Investigations Section Post that is a reasonable and appropriate distance from the incident site; and, will provide for safety, health, security and force protection; and, will provide easy and expeditious access and egress; and, is sufficiently large and will allow for expansion; and, will permit continuous operations; and, will provide adequate workspace and utility/communications service. Generally, the Intelligence/Investigations Section Post will be located within the Site Access Control/Outer Perimeter. If necessary, the Intelligence/Investigations Section Post may be relocated. INCIDENT BASE Absent extraordinary circumstances, an Incident Base will not be activated in NYC. However, an Incident Base might be activated during an extremely large incident that will continue for an extended period of time. Outside of NYC, under NIMS ICS, the Incident Base is the central location where all incident primary logistic service and support activities are situated and performed. Normally, the Incident Base is the facility where all uncommitted Out-of-Service personnel, equipment and tactical resources are located; and, support operations are situated. If activated, there is only one Incident Base established for an incident. Adequate safety, health, security and force protection measures will be implemented regarding the Incident Base. The Incident Base will be identified by the name of the incident. Absent unusual circumstances, the Incident Base will not be relocated. When appropriate, the Incident Base may be deactivated. If an Incident Base is activated, an Incident Base Manager will be designated. The Incident Base Manager will ensure appropriate sanitation and facility management services are being provided at the Incident Base; and, that adequate safety, health, security and force protection measures have been implemented regarding the Incident Base. The Incident Base Manager reports to the Facilities Unit Leader, or if that position is not activated, to the Logistics Section chief. CAMP Absent extraordinary circumstances, a Camp(s) will not be activated in NYC. However, one or more Camps might be activated during an extremely large incident that will require incident personnel to be lodged for an extended period of time in the vicinity of the incident. Outside of NYC, under NIMS ICS, a Camp is a temporary location within the general incident area that is equipped and staffed to provide food, water, sanitation, shower and related lodging services to incident personnel. A Camp is separate and distinct from and will not be located at the Incident Base. However, all CIMS functional Unit activities that may be performed at the Incident Base may also be performed at a Camp. There may be more than one Camp. If activated, each Camp will be identified by a geographic name or a number. Adequate safety, health, security and force protection measures will be implemented regarding each of the Camps. A Camp(s) may be at the same location for several days or for the entire duration of the incident. When necessary and depending upon the circumstances of the incident, a Camp(s) may be relocated. When appropriate, a Camp(s) may be deactivated. If activated, each Camp will have a Camp Manager assigned. Each Camp Manager is responsible for managing the activities occurring in the Camp, providing non-technical coordination, and coordinating the actions of all of the organizational units situated within the Camp. Additionally, each Camp Manager will ensure that adequate safety, health, security and force protection measures have been implemented regarding the Camp. One or more Logistics Section Units may be situated at one or more Camps. If a Logistics Section Unit(s) is situated at a Camp(s), it would be managed by an Assistant. Initially, personnel required to staff one or more Logistics Section Units situated at one or more Camps will be determined by the General Staff based upon the nature, size, complexity, location, duration, etc., of the incident and anticipated operations at the involved Camp(s). However, after a Camp(s) is activated, additional required personnel and support will be determined by the Camp Manager. The Camp Manager(s) reports to the Facilities Unit Leader, or if that position is not activated, to the Logistics Section chief. OTHER INCIDENT FACILITIES Depending upon the circumstances, other additional Incident Facilities may be activated and situated within the incident area. These other additional Incident Facilities may be used for: 1. Conducting appropriate support and/or service functions and activities, e.g., Mass Care (Triage/Treatment/Transportation), Mass Casualty Management, Mass Fatality Management/Temporary Morgue, Family Assistance, Mass Decontamination. 2. Providing food, water, lodging, shower, sanitation, etc., services to incident personnel. P.G. 220-20 CIMS: Incident Facilities-staging Areas Date Effective: 08/01/13 CIMS: INCIDENT FACILITIES-STAGING AREAS PURPOSE To define and describe CIMS Incident Facilities-Staging Area. PROCEDURE When responding to an incident where CIMS has been implemented, Incident Facilities-Staging Area will be defined and described as follows: DEFINITIONS STAGING AREA A Staging Area is a temporary location/facility for situating and organizing resources that are in Available status and may be deployed to incident assignments. It may contain temporary fueling and sanitation facilities. NOTE: A Staging Area was formerly referred to as a Mobilization Point. Pursuant to CIMS, there may be more than one Staging Area. However, absent unusual circumstances, there should only be one NYPD Staging Area for NYPD resources. Nevertheless, there may be more than one NYPD Staging Area if: 1. Specialized units, personnel, vehicles, equipment or other specialized resources are required at the incident, e.g., Emergency Services Unit, Mounted Unit, Highway District; or, 2. The incident area is extraordinarily large; or, 3. An extremely large number of personnel, vehicles, equipment or other resources are required at the incident; or, 4. A significant amount of large specialized equipment is required at the incident; or, 5. Confidential/sensitive resources are required at the incident; or, 6. There have been several Operational Periods and the incident has not been resolved and incident operations will continue for a prolonged period of time; or, 7. There are other circumstances that require the activation of more than one Staging Area. Pursuant to CIMS, depending upon the circumstances, different Agencies may have one or more separate Staging Areas; or, different functional/Core Competency Branches may have one or more separate Staging Areas. If more than one Staging Area is required then the Operations Section chief, or Command Element if the Operations Section is not activated, will ensure that an appropriate number of Staging Areas are activated; and, that the activities/functions occurring at each of the Staging Areas are performed in a coordinated manner. Resources situated at a Staging Area(s) may be in Available status awaiting a tactical and/or investigative assignment, and should be prepared for assignment/deployment within three minutes. A Staging Area(s) should be used to organize Single Resources into Resources Teams and/or Special Response Teams. Out-of-Service resources should not be situated at a Staging Area(s). Logistics functions should not be performed at a Staging Area(s). A Staging Area(s) can be situated at any appropriate location in the incident area. The following factors should be considered when choosing a location to situate a Staging Area(s): 1. The need to be a reasonable and appropriate distance from the incident. 2. The need to have staged resources prepared for expeditious deployment to the incident and/or area of expected assignment. Absent unusual conditions and depending upon the circumstances of the incident, generally, a Staging Area(s) should be located approximately five minutes travel time to an area of anticipated need, assignment, deployment, etc. 3. The need to have a sufficiently large area to order to accommodate the responding resources and the required reserves; and, to have sufficient space to allow for expansion; and, if possible, to have sufficient space for expansion in order to accommodate a Level 3 or Level 4 mobilization. 4. The need to provide adequate workspace and utility/communications service. 5. The need to permit continuous operations. 6. The need to have sufficient access and egress routes and to be easily accessible. 7. The ability to effectively and efficiently implement safety, health, security and force protection measures. When a Staging Area(s) is activated it must be clearly marked and be readily identifiable. Adequate safety, health, security and force protection measures will be implemented regarding the Staging Area(s). A Staging Area(s) will be given the name that describes its general location. A Staging Area(s) may be in the vicinity of or adjacent to other Incident Facilities; but, it must have its own separate location and name. The initial boundaries of the Staging Area(s) should be identified and communicated to the Command Element, Communications Section dispatcher and/or supervisor, Command Staff positions, General Staff Sections and each appropriate Supporting Agency/Agency Representatives. Additionally, response routes/directions to the Staging Area(s) should be communicated to the responding resources by the Communications Section dispatcher and/or supervisor; or, when necessary, directly by the appropriate incident management organizational element/personnel; or, in any other appropriate manner. A Staging Area(s) may be established for watercraft. A Staging Area(s) may be relocated when necessary. A Staging Area(s) may also be deactivated when appropriate. All Staging Areas are under the direction and control of the Operations Section chief, or the Command Element if the Operations Section has not been activated. The Operations Section chief will ensure that the activities/functions occurring at each of the Staging Areas are performed in a coordinated manner. The Operations Section chief will: a. Determine the appropriate number, Kinds and Types of resources that will be situated at the Staging Area(s); and/or, retained and maintained as reserves at the Staging Area(s). b. Retain and maintain adequate resource reserves at the Staging Area(s), and increase or decrease the reserves when necessary to meet current needs and/or anticipated demands and/or unanticipated contingencies. c. When necessary, request the appropriate authority to have additional required resources respond to the Staging Area(s) for deployment to incident related assignments, or to maintain adequate reserves, or for any other appropriate purposes. The Operations Section chief will ensure that adequate safety, health, security and force protection measures will be implemented regarding the Staging Area(s). The Operations Section chief will designate a Staging Area Manager to control each of the Staging Areas. The Operations Section chief will inform each of the Staging Area Managers of the following: a. The numbers, Kinds and Types of resources that will be responding to the Staging Area(s). b. Communications procedures, devices, channels, equipment, frequencies and measures that will be utilized. c. Minimum number of resources and specific Kinds and Types of resources that must be retained and maintained as reserves at the Staging Area(s). d. Directions regarding organizing Single Resources into Resource Teams and/or Special Response Teams. e. Procedures for requesting/ordering additional resources. f. Estimated length of time the Staging Area(s) will be activated/utilized. g. Procedures for requesting/ordering logistics service and support. Each of the Staging Area Managers will: a. When appropriate and authorized, organize Single Resources into Resource Teams and/ or Special Response Teams. b. Dispatch resources at the direction of the Operations Section chief, or the Command Element if the Operations Section has not been activated. c. Request/order Logistics Section service/support as necessary. d. Ensure adequate safety, health, security and force protection measures are implemented regarding the Staging Area. e. Monitor and track the number, Kinds, Types and status of resources situated at the Staging Area. f. Notify the Operations Section chief, or the Command Element if the Operations Section has not been activated, when additional resources should be ordered/requested in order to be deployed to incident related assignments, and/or maintain adequate reserves, and/or for any other appropriate purposes. g. Frequently inform the Operations Section chief, or the Command Element if the Operations Section has not been activated, regarding the activities/functions occurring at the Staging Area so as to enable the Operations Section chief, or the Command Element if the Operations Section has not been activated, to ensure that the activities/functions at each of the Staging Areas are performed in a coordinated manner. Personnel arriving at the Staging Area(s), will "Check-In" with the Resources Unit, and supplies and equipment delivered to the Staging Area(s), will be receipted for by the Supply Unit. If the Resources Unit and/or the Supply Unit are not activated, the Staging Area Manager(s) will give appropriate direction regarding arriving personnel and/or delivered supplies/equipment. P.G. 220-21 CIMS: Incident Facilities-air Operations Date Effective: 08/01/13 CIMS: INCIDENT FACILITIES-AIR OPERATIONS PURPOSE To define and describe CIMS Incident Facilities - Air Operations. PROCEDURE When responding to an incident where CIMS has been implemented, Incident Facilities-Air Operations will be defined and described as follows: DEFINITIONS HELIBASE The main location within the general incident area that will be utilized for: 1. Parking, fueling, repairing, servicing, storing, maintaining, safeguarding/securing, etc., helicopters; and, 2. Loading and unloading helicopters with personnel, equipment, supplies and/or other resources required for incident operations, functions and activities; and, 3. Filling helicopters with water, insecticides, retardants, pesticides, chemicals and/or other substances required for incident operations, functions and activities. The NYPD will activate and manage all Helibases. Absent extraordinary circumstances, only one Helibase will be activated; and, it will be situated at the NYPD Special Operations Division, Aviation Unit facility located at Floyd Bennett Field, Brooklyn. However, pursuant to CIMS and depending upon the circumstances, more than one Helibase may be activated, e.g., very large incidents; incidents with a significant number of aviation/aircraft resources; incidents that required a substantial number of tactical and logistical/support air operations. The NYPD will ensure that an appropriate number of Helibases are activated; and, that the activities/ functions occurring at each Heilbase are performed in a coordinated manner. The NYPD will ensure that each Helibase is properly situated at an appropriate location and that adequate health, safety, security and force protection measures are implemented regarding each Helibase. If more than one Helibase is activated, usually each additional Helibase will be situated at a location that is pre-designated and approved by the NYPD Aviation Unit, e.g., JFK airport, LaGuardia airport, Police Academy Firearms and Tactics Section Rodmans Neck Range facility, Brooklyn Navy Yard Development Corporation facilities. However,, if more than one Helibase is activated, each additional Helibase may be situated at any appropriate location approved by the NYPD Aviation Unit that will: 1. Provide easy and expeditious approach, departure, landing and takeoff helicopter flight path/routes that do not intrude into or over sensitive, restricted, prohibited, unsafe, etc., areas/airspace; and, 2. Provide safe, flat, clean, unobstructed, conspicuous, etc., landing and takeoff areas; and, 3. Provide adequate work space and utility/communications service; and, 4. Permit continuous operations; and, 5. Allow for expansion; and, 6. Provide easy and expeditious access and egress regarding Logistics Section service and support; and, 7. Provide adequate safety, health, security and force protection; and, 8. Be large enough to accommodate the required aviation/aircraft resources and reserves; and, the required service/support related personnel, equipment, vehicles, supplies and resources. If there is only one Helibase activated, the Helibase will be identified by the name of the incident. If there is more than one Helibase activated, each Helibase will be identified by the name of the incident and a number. Absent unusual circumstances, a Helibase(s) will not be relocated. A Helibase(s) may be deactivated when appropriate. NYPD "Helibase Manager" will be designated to manage and supervise each Helibase. Each NYPD Helibase Manager will be designated by and report directly to the NYPD Air Operations Branch Director if an Air Operations Branch has been activated. If an Air Operations Branch has not been activated or there is no NYPD Air Operations Branch Director, then each NYPD Helibase Manager will be designated by and report directly to the: 1. NYPD Operations Section chief in a Single Operations Section, or NYPD Agency Operations Section chief in a Unified Operations Section, if the Operations Section has been activated; or, 2. NYPD Incident Commander in a Single Command-Command Element, or NYPD Agency Incident Commander in a Unified Command-Command Element, if the Operations Section has not been activated; or, 3. NYPD Supporting Agency/Agency Representative if there is no NYPD Incident Commander or NYPD Agency Incident Commander; and, no NYPD Operations Section chief or NYPD Agency Operations Section chief. Each NYPD Helibase Manager will: 1. Be situated and operate on the ground at the Helibase; 2. Implement adequate safety, health, security and force protection measures regarding the Helibase; 3. Review and evaluate the Incident Action Plan including the Air Operations Plan and, if applicable, the Air Operations Summary Worksheet - ICS 220; a. When appropriate, recommend any necessary modifications to the current Incident Action Plan; b. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. 4. When appropriate, participate in planning meetings and assist in the development of the Incident Action Plan particularly the Air Operations Plan and, if applicable, the Air Operations Summary Worksheet - ICS 220. 5. Ensure the Helibase is situated at an appropriate location; 6. Be responsible for all helicopters during takeoff and landing activities at the Helibase, and while situated on the ground at the Helibase; 7. Manage personnel, equipment, vehicles, supplies and other resources situated at the Helibase; 8. Document, monitor and track the number, Kinds, Types and status of resources situated at the Helibase; 9. Ensure required routine and specialized resources are requested from the appropriate authority and are expeditiously provided; 10. Ensure required Logistics Section service/support is provided; 11. Ensure appropriate communications procedures, devices, protocols, equipment, frequencies, systems, networks, etc., are utilized, and proper communications technological and procedural measures are implemented; 12. Implement measures to identify and prevent/eliminate actual and potential hazards and unsafe activities, functions and conditions; 13. Ensure the operations, functions and activities of the pilots, ground personnel, other appropriate incident personnel, and when applicable, personnel located at appropriate off incident sites are properly coordinated. 14. Implement appropriate night flight/aviation procedures and measures; 15. Implement appropriate air traffic control procedures and measures; 16. Ensure helicopter landing and takeoff procedures and measures are properly implemented; 17. Ensure helicopter parking, fueling, repairs, service, storage, maintenance, safeguarding/ security is properly performed; 18. Ensure the loading and unloading of helicopters with personnel, equipment, supplies and/or other resources is properly performed a. Ensure the sling/net loading and unloading of helicopters is properly performed; 19. Ensure the filling of helicopters with water, insecticides, retardants, pesticides, chemicals and/or other substances is properly performed; 20. Implement adequate crash, fire suppression, rescue and other safety related procedures and measures; 21. Ensure appropriate records, forms, logs, reports, etc. are prepared; 22. Ensure helicopter "flight/operating/usage time" is accurately documented in compliance with the appropriate specific procedures of the involved Agency(ies); 23. Ensure aviation/aircraft resources related procedures, functions, occurrences, conditions, protocols, measures, activities, etc., are frequently discussed with pilots, ground personnel, other appropriate incident personnel, and when applicable, personnel located at appropriate off incident sites; and, comments and recommendations are obtained and documented; and, any required actions are expeditiously implemented. When necessary, each NYPD Helibase Manager may activate and supervise the following additional NIMS ICS Helibase subordinate incident management positions and designate the NYPD personnel who will perform the duties of each position: a. Deck Coordinator b. Loadmaster c. Parking Tender d. Takeoff and Landing Controller e. Helibase Radio Operator f. Helicopter Timekeeper When necessary, a NYPD Helibase Manager(s) will activate one or more Helispots; and, designate a NYPD Helispot Manager to manage and supervise each Helispot. A NYPD Helibase Manager(s) will ensure that an appropriate number of Helispots are activated; and, that the activities/functions occurring at each Helispot are performed in a coordinated manner. A NYPD Helibase Manager(s) will ensure that each Helispot is properly situated at an appropriate location; and, ensure that adequate safety, health, security and force protection measures will be implemented regarding each Helispot. HELISPOT A Helispot is a temporary location at the incident where helicopters can land and take off in order to load and unload personnel, equipment, supplies and/or other resources required for incident operations, functions and activities. The NYPD will activate and manage all Helispots. There may be more than one Helispot. The NYPD will ensure that an appropriate number of Helispots are activated; and, that the activities/functions occurring at each Helispot are performed in a coordinated manner. The NYPD will ensure that each Helispot is properly situated at an appropriate location; and, that adequate safety, health, security and force protection measures will be implemented regarding each Helispot. Usually, each Helispot that is activated will be situated at a location that is pre-designated and approved by the NYPD Aviation Unit. However, when necessary, each Helispot that is activated may be situated at any appropriate location approved by the Aviation Unit that will: 1. Provide easy and expeditious approach, departure, landing and takeoff helicopter flight paths/routes that do not intrude into or over sensitive, restricted, prohibited, unsafe, etc., areas/airspace; and, 2. Provide safe, flat, clean, unobstructed, conspicuous, etc., landing and takeoff areas; and, 3. Provide adequate safety, health, security and force protection; and 4. Be large enough to accommodate the required aviation/aircraft resources and reserves; and, the required service/support related personnel, equipment, vehicles, supplies and resources. Each Helispot will be identified by a name or a number. Each Helispot may be relocated when necessary. Each Helispot may be deactivated when appropriate. A NYPD "Helispot Manager" will be designated to manage and supervise each Helispot. Each NYPD Helispot Manager will be designated by and report directly to a NYPD Helibase Manager if a Helibase(s) has been activated. If a Helibase(s) has not been activated or there is no NYPD Helibase Manager(s), then each NYPD Helispot Manager will be designated by and report directly to the NYPD Air Operations Branch Director if an Air Operations Branch has been activated. If an Air Operations Branch has not been activated or there is no NYPD Air Operations Branch Director then each NYPD Helispot Manager will be designated by and report directly to the: 1. NYPD Operations Section chief in a Single Operations Section, or NYPD Agency Operations Section chief in a Unified Operations Section, if the Operations Section has been activated; or, 2. NYPD Incident Commander in a Single Command-Command Element, or NYPD Agency Incident Commander in a Unified Command-Command Element, if the Operations Section has not been activated; or, 3. NYPD Supporting Agency/Agency Representative if there is no NYPD Incident Commander or NYPD Agency Incident Commander; and, no NYPD Operations Section chief or NYPD Agency Operations Section chief. Absent unusual circumstances, each NYPD Helispot Manager will be either a Police Officer or supervisor assigned to the Emergency Services Unit. Usually, Patrol Services Bureau personnel will be utilized to assist each Emergency Services Unit Helispot Manager. Each NYPD Helispot Manager will ensure adequate health, safety, security and force protection measures are implemented regarding the Helispot. Each NYPD Helispot Manager will: 1. Be situated and operate on the ground at the Helispot; 2. Implement adequate safety, health, security and force protection measures regarding the Helispot; 3. When necessary, review and evaluate the Incident Action Plan including the Air Operations Plan and, if applicable, the Air Operations Summary Worksheet-ICS 220; a. When appropriate, recommend any necessary modifications to the current Incident Action Plan; b. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate 4. Ensure the Helispot is situated at an appropriate location; 5. Be responsible for all helicopters during takeoff and landing activities at the Helispot, and while situated on the ground at the Helispot; 6. Manage personnel, equipment, vehicles, supplies and other resources situated at the Helispot; 7. Ensure required routine and specialized resources are requested from the appropriate authority and are expeditiously provided; 8. Ensure required Logistics Section service/support is provided; 9. Ensure appropriate communications procedures, devices, protocols, equipment, frequencies, systems, networks, etc., are utilized, and proper communications technological and procedural measures are implemented; 10. Implement measures to identify and prevent/eliminate actual and potential hazards and unsafe activities, functions and conditions; 11. Ensure the operations, functions and activities of the pilots, ground personnel, other appropriate incident personnel, and when applicable, personnel located at appropriate off incident sites are properly coordinated. 12. Implement appropriate air traffic control procedures and measures; 13. Implement appropriate night flight/aviation procedures and measures; 14. Ensure helicopter landing and takeoff procedures and measures are properly implemented; 15. Ensure the loading and unloading of helicopters with personnel, equipment, supplies and/ or other resources is properly performed a. Ensure the sling/net loading and unloading of helicopters is properly performed; 16. Implement adequate crash, fire suppression, rescue and other safety related procedures and measures; 17. Ensure appropriate records, forms, logs, reports, etc. are prepared; 18. Ensure aviation/aircraft resources related procedures, functions, occurrences, conditions, protocols, measures, activities, etc., are frequently discussed with pilots, ground personnel, other appropriate incident personnel, and when applicable, personnel located at appropriate off incident sites; and, comments and recommendations are obtained and documented; and, any required actions are expeditiously implemented. INCIDENT MANAGEMENT RELATED AIRPLANE, BLIMP AND OTHER AVIATION/AIRCRAFT RESOURCE AIR FIELD THAT IS NOT LOCATED AT A CONVENTIONAL AIRPORT The NYPD supervisor managing and directing the tactical and logistical/support air operations and aviation/aircraft resources function will ensure each incident management related airplane, blimp and other aviation/aircraft resource air field that is not located at a conventional airport is situated at an appropriate location; and, is properly managed; and, adequate safety, health, security and force protection measures are implemented. P.G. 220-22 CIMS: Demobilization Date Effective: 08/01/13 CIMS: DEMOBILIZATION PURPOSE To effectively and efficiently demobilize NYPD resources at an incident/event. PROCEDURE When demobilizing NYPD resources from an incident/event: COMMAND ELEMENT 1. Prior to demobilizing NYPD resources, direct Operations Section chief to have the incident area and associated areas surveyed and: a. Report results to Command Element. b. Enter results in the Incident Command Post Log. OPERATIONS SECTION CHIEF 2. Prior to demobilizing NYPD personnel and resources, obtain approval from: a. The Command Element b. If appropriate, the Operations Unit; or if activated, the NYPD Emergency Operations Center. 3. Notify NYPD: a. Operations Unit, or if activated, the NYPD Emergency Operations Center. b. Precinct Desk Officer. c. Patrol Borough Command concerned. d. Communications Section. Notify Communications Section Dispatcher and /or Supervisor regarding: (1) Dual dispatching system/procedures that have been in effect; or, (2) Citywide and/or tactical interoperable/shared radio frequencies that have been activated and/or utilized. (3) Other relevant information. 4. Ensure accountability by having a return roll call conducted for all assigned NYPD personnel. NOTE: Generally, prior to release from the incident, Resource Teams and Special Response Teams that were created/organized at the incident from responding Single Resources, should be disassembled; and, the Single Resources should be restored to their original resource designation, configuration and organization. This will assist in accounting for all resources by ensuring that resources are released from the incident with the same resource designations, configuration and organization they had upon arrival. 5. Ensure all incident related operations, functions, assignments, tasks, etc., have been completed. 6. Ensure all required incident related forms, reports and documents have been prepared, and other administrative activity has been completed. 7. Have a summary of enforcement activity prepared. 8. Have personnel identified who have performed in a substandard manner or an exceptional manner, and document the performance for subsequent action. 9. Have personnel directed to return borrowed equipment to the appropriate location/Unit. 10. Have NYPD personnel directed to turn their portable radios from the detail frequency back to their standard frequency. 11. Have NYPD personnel debriefed and instructed regarding dismissal procedures. Have NYPD personnel directed to: a. Report directly to their respective desk officers for reassignment; or, b. Conclude their tour if appropriate; or, c. Confer with their incident/event supervisor and/or permanent command supervisor, if there are any questions or problems regarding dismissal procedures or post dismissal actions. COMMAND ELEMENT 12. Conduct After-Action Review of operations with appropriate members of the Command Staff and General Staff in order to identify and document: a. Successes and failures. b. Tactics that were successful or require evaluation/modification. c. Required changes to Department procedures, the Citywide Incident Management System and/or inter-Agency procedures involving command, tactics, operations, support, investigations, aviation, communications, etc. d. Incident management "Best Practices" and "Lessons Learned." 13. Have appropriate entries made in the Incident Command Post Log and ensure all appropriate forms, summaries, reports, and other appropriate documentation is prepared. 14. Ensure all appropriate equipment, supplies, vehicles, etc., are properly accounted for and returned to the appropriate units; or, if appropriate, properly discarded, i.e., expendable supplies. 15. Have Incident Command Post Log, Incident Command Post vehicle(s), Incident Command Post flag/banner/beacon, appropriate Incident Command Post equipment/ supplies, Incident Action Plan(s), DETAIL ROSTER/ASSIGNMENT SHEETS(PD406-141), UNUSUAL OCCURRENCE REPORTS(PD370-152) and other incident related forms, reports, logs, documents, etc., delivered/returned to the appropriate Unit(s). 16. Provide Operations Unit, or if activated, the NYPD Emergency Operations Center, with a summary of the significant incident related occurrences. 17. When appropriate, confer with the Office of the Chief of Department, Operations Division, regarding the need to conduct a NYC Office of Emergency Management (OEM), multi-agency "Joint After-Action Review." 18. Order demobilization of Incident Facilities, including the Operations Section Post, and if activated, the Intelligence/Investigations Post. 19. Order the demobilization of the Command Staff positions and General Staff Sections, as appropriate. 20. Demobilize the Incident Command Post and the Command Element. FORMS AND REPORTS DETAIL ROSTER/ASSIGNMENT SHEET (PD406-141) UNUSUAL OCCURRENCE REPORT (PD370-152) P.G. 220-23 CIMS: Air Operations Date Effective: 08/01/13 CIMS: AIR OPERATIONS PURPOSE To describe Air Operations in CIMS. PROCEDURE In NYC, the NYPD directs incident management related tactical and logistical/support air operations involving helicopter, airplane, blimp and other aviation/aircraft resources. Therefore, absent unusual circumstances, in NYC, the NIMS ICS Air Operations Branch structure will not be utilized. However, during major incidents to which state and/or federal aviation resources are deployed, the NIMS ICS Air Operation Branch structure, or other appropriate organizational structure, may be used to integrate state and federal aviation resources with NYPD tactical and logistical/support air operations and aviation/aircraft resources. In NYC, tactical and logistical/support air operations and aviation/aircraft resources will be managed and directed by the: (1) NYPD Operations Section chief in a Single Operations Section, or NYPD Agency Operations Section chief in a Unified Operations Section, if the Operations Section has been activated; or, (2) NYPD Incident Commander in a Single Command-Command Element, or NYPD Agency Incident Commander in a Unified Command-Command Element, if the Operations Section has not been activated; or (3) NYPD Supporting Agency/Agency Representative if there is no NYPD Incident Commander or NYPD Agency Incident Commander; and, no NYPD Operations Section chief or NYPD Agency Operations Section chief. Upon arriving at the scene of an incident that requires Air Operations or aviation/aircraft resources, the following procedures will be followed: OPERATIONS SECTION CHIEF 1. Manage and direct tactical and logistical/support air operations and aviation/aircraft resources including helicopter (rotary-wing), airplane (fixed-wing) and blimp (airship) aircraft. 2. When necessary, activate an Air Operations Branch within the Operations Section and designate a NYPD Air Operations Branch Director to manage and direct tactical and logistical/support air operations and aviation/aircraft resources. a. A NYPD Air Operations Branch Director will select an appropriate location to remain and manage/direct all of the tactical and logistical/support air operations and aviation/aircraft resources, functions and activities: (1) Be situated and operate on the ground at the incident; (2) Absent unusual circumstances, be situated at the Operations Section Post. b. When necessary, a NYPD Air Operations Branch Director may designate a Deputy or Deputies. (1) The Deputy is the counterpart of the principal; (2) The Deputy may be member of a different Agency/Jurisdiction than the principal. c. If unusual circumstances exist, when necessary, additional Air Operations Branch subordinate incident management organizational elements may be activated, e.g., Air Tactical Group, Air Support Group; and, additional NYPD Air Operations Branch subordinate incident management positions may be designated, e.g., Air Tactical Group Supervisor, Air Support Group Supervisor, Helicopter Coordinator(s), Fixed-Wing Coordinator(s). 3. Request tactical and logistical/support air operations and aviation/aircraft resources in accordance with the applicable NYPD procedures in the following manner: a. A request for assistance that requires an immediate response to support the incident management related operations, functions and activities of the NYPD, will be made to the Communications Section dispatcher and/or supervisor. b. A request for assistance that does not require an immediate response to support the incident management related operations, functions and activities of the NYPD, will be made to the Operations Unit or, if activated, the NYPD Emergency Operations Center. c. If exigent circumstances exist, a request for assistance to support the incident management related operations, functions and activities of the FDNY, DEP, DOHMH and/or other appropriate governmental agencies, non-governmental organizations and/or private entities/individuals, will be made to the Communications Section dispatcher and/or supervisor. d. If no exigent circumstances exist, a request for assistance to support the incident management related operations, functions and activities of the FDNY, DEP, DOHMH and/ or other appropriate governmental agencies, non-governmental organizations and/or private entities/individuals, will be made to the Operations Unit or, if activated, the NYPD Emergency Operations Center. 4. Ensure adequate safety, health, security and force protection measures are implemented regarding the tactical and logistical/support air operations and aviation/aircraft resources. 5. When necessary, notify the Operations Unit, or if activated, the NYPD Emergency Operations Center, and request one or more appropriate Temporary Flight Restrictions (TFRs) be approved/implemented by the Federal Aviation Administration (FAA). 6. Ensure an appropriate number of Helibases are activated, and that the activities/functions occurring at each Helibase are performed in a coordinated manner, and that a NYPD Helibase manager is designated to supervise and manage each Helibase. a. Ensure each Helibase is situated at an appropriate location and is properly managed; b. Ensure each Helibase Manager is situated and operates on the ground at the Helibase; c. Ensure adequate safety, health, security and force protection measures are implemented regarding each Helibase; d. Absent extraordinary circumstances, only one Helibase will be activated; and, it will be situated at the NYPD Special Operations Division, Aviation Unit facility located at Floyd Bennett Field, Brooklyn. 7. Ensure an appropriate number of Helispots are activated, and that the activities/functions occurring at each Helispot are performed in a coordinated manner, and that a NYPD Helispot Manager is designated to supervise and manage each Helispot. a. Ensure each Helispot is situated at an appropriate location and is properly managed; (1) When appropriate, each Helispot may be deactivated and/or relocated. b. Absent unusual circumstances, ensure each NYPD Helispot Manager is either a Police Officer or supervisor assigned to the Emergency Services Unit. (1) Patrol Services Bureau personnel will be utilized to assist each Emergency Services Unit Helispot Manager. c. Ensure each Helispot Manager is situated and operates on the ground at the Helispot. d. Ensure adequate safety, health, security and force protection measures are implemented regarding each Helispot. 8. Ensure each incident management related airplane, blimp and other appropriate aviation/ aircraft resource air field that is not located at a conventional airport is situated at an appropriate location and is properly managed; a. Ensure adequate safety, health, security and force protection measures are implemented. 9. Maintain a liaison and coordinate with each incident management related airplane, blimp and other appropriate aviation/aircraft resource air base that is located at a conventional airport. 10. Review and evaluate the Air Operations Plan and, if applicable, the Air Operations Summary Worksheet – ICS 220; a. When appropriate, recommend any necessary modifications; b. Modifications may be implemented during the current Operational Period or prior to the start of the subsequent Operational Period as appropriate. 11. Ensure there are sufficient helicopter, airplane, blimp and other appropriate aviation/aircraft resources; a. Estimate/forecast future helicopter, airplane, blimp and other appropriate aviation/aircraft resources requirements. 12. Ensure there are sufficient personnel, equipment, supplies and other routine and/or specialized resources, service and support; a. Estimate/forecast future personnel, equipment, supplies and other routine and/or specialized resources, service and support requirements. 13. Ensure adequate aviation/aircraft resource reserves are maintained, and the resource reserves are increased or decreased when necessary. 14. Ensure the number, Kinds and Types of aviation/aircraft resources; and, the status, capabilities and limitations of aviation/aircraft resources is accurately documented, monitored and tracked. 15. Ensure appropriate communications procedures, devices, protocols, equipment, frequencies, systems, networks, etc., are utilized, and proper communications technological and procedural measures are implemented. 16. Implement measures to identify and prevent/eliminate actual and potential hazards and unsafe activities, functions and conditions. 17. Implement adequate crash, fire suppression, rescue and other safety related procedures and measures. 18. Ensure appropriate air traffic control procedures and measures are implemented. 19. Ensure aviation/aircraft resource flight, approach, departure, landing, takeoff, loading, unloading, filling, parking, fueling, repairs, service, storage, maintenance, safeguarding/ security, etc., procedures and measures are properly implemented. 20. Ensure tactical and logistical/support air operations and aviation/aircraft resources are properly coordinated at the incident, and when applicable, at appropriate off incident sites. 21. Ensure sufficient aviation/aircraft resources are continuously available to perform emergency operations, functions and activities. 22. When necessary, ensure only approved/authorized non incident management related aviation aircraft resources are permitted to enter the incident areas/airspace. 23. Investigate incidents and resolve conflicts regarding tactical and logistical/support air operations and aviation/aircraft resources. 24. Ensure any incident related aviation/aircraft resource accidents and/or potential accidents that were barely avoided, i.e., "near misses" are properly investigated. 25. Ensure appropriate records, forms, logs, reports, etc. are prepared. 26. Ensure aviation/aircraft resource "flight/operating/usage time" is accurately documented in compliance with the appropriate specific procedures of the involved Agency(ies). 27. Continually monitor/evaluate the organizational structure and effectiveness of the tactical and logistical/support air operations and aviation/aircraft resources function, and the performance of the Deputy(ies), Managers, Supervisors, Coordinators and assigned personnel. a. Make appropriate modifications when necessary. P.G. 220-24 CIMS: "Check In" Process Date Effective: 08/01/13 CIMS: "CHECK IN" PROCESS PURPOSE To describe the "Check In" process at an event. PROCEDURE When responding to an incident, the following "Check In" process will be followed: DEFINITION "CHECK-IN" PROCESS1. The "Check-In" process officially records personnel and equipment as being present at and assigned to the incident; and, provides important basic information that will be used for tracking the number, location and status of the resources. The Check-In process assists the Command Element by enhancing the incident management organization's ability to easily: a. Ensure resource accountability. b. Track and identify the number, location and status of resources. c. Assign and reassign resources. d. Locate personnel for emergency notifications. e. Prepare accurate time and overtime records. f. Plan for demobilization. g. Demobilize and release resources. 2. The Resources Unit will perform the Check-In function at designated incident locations. If the Resources Unit has not been activated, the Planning Section chief will perform the Check-In function. If the Planning Section has not been activated, the Command Element will perform the Check-In function. 3. A "Check-In Recorder" will be assigned to each location where Resources will Check-In. The Check-In Recorder: a. Must have an adequate supply of Check-In forms/DETAIL ROSTER/ASSIGNMENT SHEETS (PD406-141), or other appropriate Check-in forms, logs, records, etc. b. Must be informed regarding the frequency and schedule for providing/reporting Check-In information to the Resources Unit. c. Should determine if resources that Check-In can be electronically recorded/documented. 4. Within NYC pursuant to CIMS, there are four locations where Check-In may occur: a. Staging Area(s) Resources should Check-In with the Resources Unit at the Staging Area(s). If the Resources Unit is not activated, resources should Check-In with the Staging Area Manager. b. Incident Command Post Resources should Check-In with the Resources Unit at the Incident Command Post. c. When applicable, Intelligence/Investigations Section Post. When applicable, investigative resources will Check-In at the Intelligence/ Investigations Section Post with the Resources Unit that will be co-located with the Investigative Support Group, if activated. If the Resources Unit is not activated, investigative resources will Check-In at the Intelligence/Investigations Section Post with the Investigative Support Group, if activated, if neither the Resource Unit nor the Investigative Support Group are activated, investigative resources should Check-In with the Intelligence/Investigations Section chief. d. Helibase(s) In NYC, Check-In may be performed at a Helibase(s); however absent extraordinary circumstances, Check-In will not occur at a Helibase(s). 5. Outside NYC, under NIMS ICS, there are an additional two locations where Check-In may occur: a. Incident Base Absent extraordinary circumstances an Incident Base will not be activated in New York City. b. Camp(s) Absent extraordinary circumstances a Camp(s) will not be activated in New York City. 6. Pursuant to CIMS, absent extraordinary circumstances, resources must formally Check-In before reporting to the Operations Section or Sectors or Groups or Branches for assignment. FORMS AND REPORTS DETAIL ROSTER/ASSIGNMENT SHEETS (PD406-141) P.G. 220-25 CIMS: Resources Date Effective: 08/01/13 CIMS: RESOURCES PURPOSE To define and describe CIMS Resources. PROCEDURE When responding to an incident, Resources will be defined and described as follows: DEFINITIONS RESOURCES - personnel, teams, equipment, supplies, vehicles, aircraft, watercraft and facilities that are available or potentially available for assignment or allocation to support incident management and emergency response activities. NOTE: Non-law enforcement resources, particularly firefighting resources, have been formally categorized by "Kind" and "Type." Law Enforcement resources have NOT been formally categorized by "Kind" and "Type". However, an effort currently is underway to develop appropriate metrics and to formally categorize law enforcement resources by Kind and Type. a. "Kind": Kind refers to broad classes that characterize similar resources, such as teams, personnel, equipment, supplies, vehicles, watercraft, facilities and aircraft. The term may also be used to specifically categorize a particular resource, e.g., marked patrol car, unmarked car, nondescript car, undercover car, van, truck, tractor trailer, two wheeled scooter, three wheeled scooter or motorcycle. b. "Type": Refers to the level of resource capability based upon its power, size or capacity. Resource Type is designated by a Roman numeral, with I representing the greatest capability and IV representing the least capability. The Type assigned to a resource or a Component is based on a minimum level of capability described by the identified metric(s) for that resource. In some cases, a resource may have less than or more than four Types; and, additional Types will be identified or the Type will be described as "not applicable." Resources are categorized as: SINGLE RESOURCE – A Single Resource may perform a particular assignment and includes: Single resources include: a. A single vehicles including the operator/crew; b. A single watercraft including the operator/crew; c. A single aircraft including the operator/crew; d. A single item of equipment including the operator/crew; e. Single personnel; f. Single personnel and an animal, i.e., dog, horse; g. A formally pre-designated "team" of 2 or more personnel, including an identified work supervisor, i.e., "Squad", "Mobile Field Force." NOTE: Appendix "A", lists examples of NYPD Single Resources. RESOURCE TEAM a combination of the same "Kinds" and "Types" of Single Resources assembled to a particular tactical assignment. A Resource Team must have: a. A designated Leader; and, b. Appropriate transportation if necessary; and, c. Common communications between (1) The respective resources, and (2) The respective resources and the Leader, and (3) The Leader and the Leader's designated supervisor, e.g., Group Supervisor, Sector Supervisor, Branch Director, Section chief. NOTE: When assembling a Resource Team, CIMS Span of Control principles should not be violated. SPECIAL RESPONSE TEAM - any combination and number of different "Kinds" and "Types" of Single Resources assembled to perform a particular tactical assignment. A Special Response Team must have: a. A designated Leader; and, b. Appropriate transportation if necessary; and, c. Common communications between: (1) The respective resources, and (2) The respective resources and the Leader, and (3) The Leader and the Leader's designated supervisor, e.g., Group Supervisor, Sector Supervisor, Branch Director, Section chief. NOTE: When assembling a Special Response Team(s), CIMS Span of Control principles should not be violated. STATUS CONDITIONS In order to maintain accurate current information regarding resource utilization and resource needs, all resources must be assigned a specific defined "status" condition. The three specific status conditions that are used for tracking resources at an incident are: 1. Assigned: Resources (personnel that have Checked-In and equipment that has been receipted for) assigned to an incident that are performing work tasks at the incident under the direction of a supervisor; or, in the case of equipment and facilities, resources that are performing a function supporting incident operations. 2. Available: Resources (personnel that have Checked-In and equipment that has been receipted for) assigned to an incident that are ready for an assignment/deployment; or, in the case of equipment and facilities, resources that are ready for a specific function. Resources in "Available" status awaiting a tactical or investigative assignment should be ready for deployment within three minutes. 3. Out-of-Service: Resources (personnel that have Checked-In and equipment that has been receipted for) assigned to an incident, that are not able to be assigned to a work task/ function or Available for assignment to a work task/function due to mechanical, rest, illness, injury, staffing, environmental, financial, etc., reasons; or, because their condition makes them unusable. An Out-of-Service resource is not ready/capable of being in the Available or Assigned status. RESOURCE STATUS CHANGES - Resource status is maintained and changed by the supervisor to whom the respective resource is assigned. Changes in resource status may be made by: 1. Command Element 2. Operations Section chief(s) 3. Branch Director(s) 4. Sector Supervisor(s) 5. Group Supervisor(s) 6. Resource Team and/or Special Response Team Leader(s) 7. When applicable, Intelligence/Investigations Section chief 8. When applicable, Intelligence/Investigations Section Group Supervisor(s) 9. Unit Leader(s) 10. Manager(s) NOTE: Any change in resource status that is longer than several minutes must be communicated to the appropriate CIMS organizational element. Absent extraordinary circumstances, the individual changing the status of the resource will ensure that the status change is promptly communicated through the appropriate chain of command to the individual or incident management organizational element responsible for maintaining/tracking the status of resources assigned to the incident. RESOURCE STATUS TRACKING SYSTEMS a. Manual Records/Forms b. Pre-formatted Resource Information Cards c. Magnetic Symbols and Maps d. Magnetic Symbols and Status Boards e. Electronic Status Boards f. Computer Applications, i.e., Spreadsheets, Databases, etc. PLANNING SECTION/RESOURCES UNIT - All changes in the number, location and status of resources are promptly reported to the Resources Unit; or if not activated, the Planning Section chief; or if not activated, the Command Element. ADDITIONAL DATA Appendix "A" Examples of NYPD Single Resources: * Non-Supervisory uniformed member of the service, i.e., Officer * Supervisory uniformed member of the service, i.e., Sergeant, Lieutenant, Captain, etc. * Non-Supervisory civilian member of the service, i.e., School Safety Officer, Traffic Enforcement Agent, Motor Vehicle Operator, Police Administrative Aide, Police Communications Technician, etc. * Supervisory civilian member of the service, i.e., Traffic Supervisor Level I, Traffic Supervisor Level II, School Safety Agent Level III, Supervisor of School Security, Associate Supervisor of School Security, Senior Police Administrative Aide, Principal Administrative Associate, etc. * Squad: 1 Sergeant + 8 Police Officers * Mobile Field Force: 2 Squads to 6 Squads * Patrol Borough Task Force / Mobile Field Force * Radio Motor Patrol Auto (RMP) + 2 Officers * Marked Van + crew * Scooter + operator * Patrol Wagon + crew * NYPD Ambulance + crew * Highway RMP + crew (1 Highway District Officer or 2 Highway District Officers) * Highway Motor Carrier Safety Unit RMP + crew * Motorcycle + operator * Motorcycle Squad: Usually 1 Highway District Sergeant + 5 Highway District Officers on Motorcycles * Mounted Unit Horse + Mounted Unit Officer * Mounted Unit Squad: Usually 1 Mounted Unit Sergeant + 5 Mounted Unit Officers on horses * Patrol Canine + K-9 Officer * Narcotics Detecting Canine + handler * Explosives Detecting Canine (EDC) + handler * Bomb Squad Robot / Remote Mobile Investigator (RMI) + crew * Total Containment Vessel (TCV): 1 ESU REP + crew towing 1 TCV * Bomb Squad Response Team: Van + 2 Bomb Squad Officers + EDC + Bomb Squad RMI * ESU Radio Emergency Patrol Vehicle (REP) + 2 ESU Officers * ESU Truck + crew * ESU Breathing Apparatus Truck (BAT) + crew * ESU Mobile Light Generator Truck (MLG) + crew * ESU Mobile Alternative Light Truck (MALT) + crew * ESU Photo Observation Truck (POT) + crew * ESU Construction Accident Response Vehicle (CARV) + crew * ESU Bearcat Armored Vehicle + crew * ESU Peace Keeper Armored Vehicle + crew * ESU Entry Team: 1 ESU Sergeant and 7 to 8 ESU Officers + appropriate vehicle(s) * ESU Counter Assault Car (CAT Car): Non descript Suburban vehicle + 1 ESU Sergeant and 4 ESU Officers * ESU Apprehension Team (A Team): Unmarked Truck + 1 ESU Sergeant and 7 to 10 ESU Officers * ESU Tactical Robot / Remote Mobile Investigator (RMI) + 2 ESU Officers * Aviation Unit Helicopter + crew * Harbor Unit Launch + crew * Technical Assistance Response Unit (TARU) Vehicle + crew * Barrier Truck + crew * Box Truck + crew * Tractor Trailer + crew P.G. 220-26 CIMS: Resource Assignments Date Effective: 08/01/13 CIMS: RESOURCE ASSIGNMENTS PURPOSE To specify where arriving resources will initially be assigned at an incident. PROCEDURE After formal "Check In," arriving resources will initially be assigned to the following locations at an incident: STAGING AREA Assignment to a Staging Area(s) 1. After formal Check-In, incoming resources may be assigned to a Staging Area(s) for the following reasons: a. Resources may be assigned/deployed during the current Operational Period. b. Resources are needed to provide a reserve. c. Single Resources may be organized into Special Response Teams and/or Resource Teams prior to assignment/deployment. 2. As part of the planning process, the Operations Section chief will decide what number, Kinds and Types of resources will be situated at the Staging Area(s). This decision is based on the need to retain and maintain adequate reserves to meet current needs and/or anticipated demands and/or unanticipated contingencies. 3. The Operations Section chief will brief the Staging Area Manager(s) regarding how the Staging Area(s) should be managed. This briefing should include: a. The number, Kinds and Types of resources that will be responding to the Staging Area(s). b. Communications procedures, devices, frequencies and measures that will be used. c. Minimum number of resource and specific Kinds and Types of resources that must be retained and maintained as reserves. d. Procedures for ordering/requesting additional resources. e. Estimated length of time the Staging Area(s) will be activated/utilized. f. Procedures for ordering/requesting logistics service and support. 4. The Staging Area Manager(s) must monitor the status of resources in the Staging Area(s), and inform the Operations Section chief: a. When minimum levels of resources are about to be reached; b. If any additional resources should be requested/ordered. 5. The Operations Section chief must be concerned about the cost, morale, and political implications of retaining and maintaining resources for long periods of time at one or more Staging Areas. This is particularly true regarding expensive equipment and personnel that have been rented/leased from private entities and resulting significant costs may possibly be incurred. 6. After Check-In at a Staging Area, Single Resources will often be organized into Resource Teams and/or Special Response Teams, and deployed/assigned to incident related functions, operations and activities. The number, composition and deployments/assignments of the Resource Teams and Special Response Teams may continue for the entire incident, or they may change based upon incident needs. 7. Resource Teams and Special Response Teams created/organized at the incident should always be disassembled prior to release from the incident. In order to ensure proper resource accountability, each resource should be demobilized and leave the incident with the same resource designation, configuration and organization that the resource had upon arrival. SECTORS OR GROUPS Assignment to Sectors or Groups or Branches 1. After formal Check-In, during rapidly expanding incidents, tactical resources may immediately be assigned to the Operations Section; or, if activated Sectors or Groups or Branches. In these situations, the tactical resources must always immediately report to the Operations Section chief or a designated Sector Supervisor or designated Group Supervisor or designated Branch Director to be given a specific assignment. 2. Outside of NYC, under NIMS ICS, during rapidly expanding incidents, prior to formal Check-In, tactical resources may be assigned directly to the Operations Section; or, if activated, directly to Sectors or Groups or Branches. In these situations, the tactical resources must report directly to a designated Sector Supervisor or designated Group Supervisor or designated Branch director to be given a specific assignment; and, formal Check-In will occur at a later time when the resource is assigned to a Staging Area or is in Out-of Service status. NIMS ICS acknowledges that this is not the preferred way of deploying arriving additional resources. INCIDENT BASE Assignment to the Incident Base 1. Absent extraordinary circumstances, an Incident Base will not be activated in New York City. 2. Outside of NYC, under NIMS ICS, after formal Check-In, tactical resources are often assigned to the Incident Base when the resources are not scheduled for use during the current Operational Period. 3. Outside of NYC, under NIMS ICS, for resources that have traveled a significant distance, are assigned to the Incident Base in an Out-of-Service status in order to provide time for briefings and rest/rehabilitation prior to being deployed to an assignment during the subsequent Operational Period. P.G. 220-27 Citywide Incident Management System (CIMS) - 201 Incident Briefing Form (ICS Form 201) Date Effective: 08/01/13 PURPOSE To properly document the response and summarize the actions taken at the scene of an emergency incident in which the Citywide Incident Management System (CIMS) has been implemented. SCOPE Proper preparation of the CIMS 201 Incident Briefing Form (see Appendix "A" and form attached) provides basic information regarding the emergency incident and the resources allocated to the emergency incident. The Form will serve as a reference document for the initial emergency incident response, summarize the actions taken at the scene and will be the source document that will be used to prepare a written Incident Action Plan (IAP), if a written IAP is necessary. The Incident Briefing Form will not be a component of the IAP for preplanned events. PROCEDURE When managing an emergency incident under Patrol Guide 220 Series,"Citywide Incident Management System": INCIDENT COMMANDER 1. Direct and ensure the CIMS 201 Incident Briefing Form is prepared on all emergency incidents when: a. Directed by a captain or above based on the magnitude, type, severity and duration of the emergency incident b. It is likely that the emergency incident will extend beyond one "Operational Period" c. The response to emergency incident exceeds four hours and results in the allocation of significant resources and or personnel d. A Unified Command-Command Element is established e. The NYPD is the Incident Commander in a Single Command-Command Element; and several Supporting Agencies are significantly involved in the emergency incident management efforts f. An Incident Management Team (IMT) is activated to manage the emergency incident. 2. Attach a copy of the CIMS 201 Incident Briefing Form to the UNUSUAL OCCURRENCE REPORT (PD370-152) or Typed Letterhead, if prepared. a. If UNUSUAL OCCURRENCE REPORT or Typed Letterhead is not prepared, file CIMS 201 Incident Briefing Form at the precinct of occurrence. NOTE: The information from the CIMS 201 Incident Briefing Form can be used as a reference or source document for the preparation of a written Incident Action Plan (IAP). The following describes how the four pages of the CIMS 201 Incident Briefing Form can be used in future forms or documents: Page 1- Map/Sketch: may be used as the Situation Map. Page 2- Incident Objectives: may be used to prepare CIMS 202 Incident Objectives Form. Summary of Current Actions: may be used to continue tracking the response actions and as a reference document for the CIMS 215 Operational Planning Worksheet. Page 3- Current Organization: may be used as a reference document for the CIMS 203 Organization Assignment List and/or CIMS 207 Organizational Chart. Page 4- Resources Summary: may be used to continue tracking resources assigned to the incident. ADDITIONAL DATA After the initial briefing of the Command Element (Single or Unified), Command Staff officers and General Staff Section chiefs, the CIMS 201 Incident Briefing Form shall be duplicated and distributed as necessary to the Branch Directors, Sector/Group Supervisors and appropriate Planning and Logistics Section Unit Leaders. The sketch map and summary of current action portions (pages 1, 2) of the CIMS 201 Incident Briefing Form will be provided to the Planning Section / Situation Unit, if activated. The Current Organization and Resources Summary portions (pages 3, 4) will be provided to the Planning Section / Resource Unit, if activated. All completed original forms MUST be forwarded to the Planning Section / Documentation Unit, if activated. Copies of all Incident Action Plans will be forwarded to and archived at the Office of the Chief of Patrol. RELATED PROCEDURES Citywide Incident Management System (CIMS) (P.G. 220 Series) Unusual Occurrence Reports (P.G. 212-09) FORMS AND REPORTS CIMS 201 Incident Briefing Form (ICS Form 201) CIMS 202 Incident Objectives Form CIMS 203 Organization Assignment List CIMS 207 Organizational Chart CIMS 215 Operational Planning Worksheet Incident Action Plan (IAP) Typed Letterhead UNUSUAL OCCURRENCE REPORT (PD370-152) APPENDIX "A" Preparation of CIMS 201 Incident Briefing Form (ICS Form 201) Caption # 1. Caption Title - Incident Name Instructions - Enter the name assigned to the incident. Caption # 2. Caption Title - Date Instructions - Enter date prepared (month, day, and year). Caption # 3. Caption Title - Time Instructions - Enter time of incident. Caption # 4. Caption Title - Incident Location Instructions - Enter incident location. Caption # 5. Caption Title - Precinct Instructions - Enter Precinct of incident. Caption # 6. Caption Title - Box Instructions - Fire box number and location. Caption # 7. Caption Title - Map/Sketch Instructions - Show the total Area of Operations, the incident site, etc. Caption # 8. Caption Title - Prepared by Instructions - Enter the name and position of the person completing the form. Caption # 9. Caption Title - Date Instructions - Enter date prepared (month, day, and year). Caption Title - Time Instructions - Enter time prepared (24-hour clock). Caption # 10. Caption Title - Initial Incident Objectives Instructions - Enter short, clear, concise statements of the objectives, for managing the initial response. Caption # 11. Caption Title - Summary of Current Actions Instructions - Enter the actions taken in response to the incident, including the time and note any significant events or specific problem areas. Caption # 12. Caption Title - Current Organization Instructions - Enter, on the organization chart, the names of the individuals assigned to each position. Modify the chart as necessary, using additional boxes in the space provided under the Sections. Utilize the blank lines provided for a Unified Command for adding other agencies or responsible parties. Caption # 13. Caption Title - Resource Summary Instructions - Enter the following information about the resources allocated to the Incident: Caption Title - Resources Needed Instructions - Description of the resource needed. Caption Title - Time Ordered Instructions - Time ordered (24-hour clock). Caption Title - Resource Identifier Instructions - Identifier for the resource (e.g., radio call-sign, vessel name, vendor name, license plate, etc.). Caption Title - ETA Instructions - Estimated time for the resources to arrive at the staging area. Caption Title - On-Scene Instructions - "X" Upon the resource's arrival. Caption Title - Location/Assignment Instructions - Location of the resource, the actual assignment, the status of the resource (if other than working) and the contact name and number of resource. NOTE: Additional pages may be added to the CIMS 201 Incident Briefing Form, if needed. All copies of the CIMS 201 Incident Briefing Form should be attached to the UNUSUAL OCCURRENCE REPORT. (Figure 62) (Figure 63) (Figure 64) (Figure 65) P.G. 220-28 Citywide Incident Management System (CIMS) Incident Management Team (IMT) Activation/Deployment Protocol Date Effective: 08/01/13 PURPOSE To activate and deploy an Incident Management Team (IMT) at an emergency incident or planned event. SCOPE When managing an emergency incident or planned event under Patrol Guide 220 Series, "Citywide Incident Management System:" a. A NYPD Citywide Incident Management Team may be activated by the Police Commissioner, First Deputy Commissioner or the Chief of Department, based on the size, complexity and duration of the emergency incident or planned event. b. A NYPD Borough Incident Management Team may be activated by the Chief of Patrol, or Patrol Borough Commander concerned, for an emergency incident or planned event occurring within their jurisdiction, or in his / her absence the Duty Chief, based on the size, complexity and duration of the emergency incident or planned event. c. A NYPD Transit Bureau Incident Management Team may be activated by the Chief of Transit concerning an emergency incident or planned event occurring within the Transit jurisdiction, or in his / her absence the Duty Chief, based on the size complexity and the duration of the emergency incident or planned event. d. A NYPD Housing Bureau Incident Management Team may be activated by the Chief of Housing concerning an emergency incident or planned event occurring within the Housing jurisdiction, or in his / her absence the Duty Chief, based on the size, complexity and the duration of the emergency incident or planned event. DEFINITIONS INCIDENT MANAGEMENT TEAM (IMT) - The Command Element and the appropriate Command Staff and General Staff personnel assigned to an incident. (NIMS) COMMAND ELEMENT - The individual(s) responsible for performing the Command function in an incident management organization. (CIMS) COMMAND STAFF - The Command Staff consists of: * Public Information officer * Safety officer * Liaison officer GENERAL STAFF - The General Staff consists of: * Operations Section chief * Planning Section chief * Logistics Section chief * Finance / Administration Section chief * Intelligence / Investigations Section chief INCIDENT ACTION PLAN (IAP) - Contains Incident Objectives reflecting the overall incident strategy and specific tactical actions and supporting information for the next Operational Period. The Plan may be oral or written. When written, the Plan may have a number of forms as attachments (e.g., traffic plan, safety plan, communications plan, map, etc.). OPERATIONAL PERIOD - The period of time scheduled for execution of a given set of operation actions as specified in the Incident Action Plan. Operational periods can be of various lengths, although usually not over twenty-four hours.(CIMS) ADDITIONAL DATA The following is a list of situations that may require the activation / deployment of a Citywide, Borough or Bureau IMT: a. The Department activates "Stand Alone" protocols according to the type, severity and the anticipated duration of an emergency incident or planned event. The Police Commissioner may activate the Citywide IMT to act as the Area Command at the Emergency Operations Center (ECO), and the affected Borough(s) or Bureau(s) may activate their Borough or Bureau IMT(s). b. It is likely an emergency incident or planned event will extend into multiple Operational Periods (beyond twenty-four hours). A formal written Incident Action Plan (IAP) will be required. NOTE: In all cases where emergency incident or planned event extends into multiple Operational Periods (beyond twenty-four hours), a formal written Incident Action Plan (IAP) will be required. c. A Unified Command - Command Element is established, utilizing resources from multiple agencies in the mitigation of an incident and the duration is expected to exceed twenty-four hours. d. A Declaration of Disaster has been made, as defined in the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288) as amended. e. A National Special Security Event is scheduled to occur in New York City (e.g., UNGA, RNC). f. An Incident of National Significance occurs outside New York City that could have a substantial impact on New York City (e.g., terrorist attack, prolonged utility outages in the surrounding region, mass transportation interruptions). g. Substantial resources are required from city, state and / or federal agencies to manage an emergency incident. h. A natural disaster occurs that affects New York City or the surrounding areas and requires the coordination of substantial resources (e.g., hurricane, floods). i. An incident occurs that creates a significant health risk to a large segment of the population of New York City or the surrounding areas (e.g., Pandemic Influenza, HazMat, CBRN). j. A civil disturbance type incident occurs and requires significant Department resources to manage the incident. RELATED PROCEDURES Mobilizations/Emergency Incidents (P.G. 213 Series) Rapid Mobilization (P.G. 213-03) Citywide Incident Management System (CIMS) (P.G. 220 Series) CIMS: Command Element (P.G. 220-05) CIMS: Public Information Officer (P.G. 220-06) CIMS: Safety Officer (P.G. 220-07) CIMS: Liaison Officer (P.G. 220-08) CIMS: Operations Section Chief (P.G. 220-09) CIMS: Planning Section Chief (P.G. 220-10) CIMS: Logistics Section Chief (P.G. 220-11) CIMS: Finance/Administration Section Chief (P.G. 220-12) CIMS: Intelligence/Investigation Section Chief (P.G. 220-13) FORMS AND REPORTS Incident Action Plan (IAP) Copywritten Property of Looseleaf Law Publications, Inc. Index A Abandoned Infants/Operation Safe Haven 215-19 Absent Without Leave (A.W.O.L.) 205-18 Abused, Neglected or Maltreated Children 215-03 Accidents (See Collisions for related) City Involved 217-04 Department Property Involved 217-10 New York City Housing Authority Involved 217-11 Notifications - Certain Accident Cases 217-12 ACS Requests for Assistance from the Administration for Children's Services (ACS) Child Protection Specialists in Relation to an Official ACS Investigation 215-22 Active Shooter Response Protocol 212-20 Activity Logs 212-08 Aggravated Unlicensed Operation of a Motor Vehicle 208-53 Aided Cases (General) 216-01 Child Window Fall Report 216-18 Handling Shelter Clients with Tuberculosis 216-20 Mobil Crisis Outreach Teams and Assertive Community Treatment Teams 216-22 Notifications 216-15 On New York City Transit Trains 216-14 Preparation of Aided Report Worksheet 216-02 Suspicious Death or Suicide at NYC Correction Facility 216-16 Aircraft Accidents 217-08 Violations 212-50 Alarms Department of Education Facilities 212-41 Deactivation of Motor Vehicle Alarms 214-25 Interoperability Channels 213-19 Premises, Chronic Abuser Procedures 214-08 Response to Carbon Monoxide Alarms 216-21 Service of ECB Notice of Violation and Hearing for Vehicle Alarms 214-24 Alcohol Seized in ABC Law Violations, Processing 218-32 Alcohol Testing for Uniformed Members of the Service Involved in Firearms Discharges Resulting in Injury to or Death of a Person 212-109 Ambulance Service, Department 205-04 Amber Alert System 212-99 Animals Bites 216-09 Care and Disposition of 214-33 Anonymous Controlled Substance Program 214-15 Anti-Crime Police Officer Duties and Responsibilities 202-25 Appearance by Members of the Service Before Governmental Agencies or Private Organizations 211-09 Apprehension Plan 213-12 Acquisition and Use of Department Issued New York City Transit Police Pass Metrocards 219-26 Arrest of Member Member of the Service Arrested (Uniformed or Civilian) 206-11 Review of Arrest Cases Involving Member of the Service as Defendant 206-16 Arrest Processing Officer Duties and Responsibilities 202-31 Arrest Processing, Large Scale 213-06 Arrest Processing of Persons Wanted for Multiple Incidents 20874 Arrests Aggravated Unlicensed Operation of a Motor Vehicle 208-53 Arrest by Uniformed Member Outside City 208-14 Arrest Charges, Changes in 208-17 Arrest of Child Unlawfully in Certain Licensed Premises 215-11 Arrests - License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk 208-21 Arrest Processing Indicators 208-16 Arrest Processing of Persons Wanted for Multiple Incidents 208-74 Arrest Report Preparation at Precinct Stationhouse 208-15 Arrest Report Supplement 208-13 Arrest, Vehicle Seizure at Time of 218-48 Bail, Forfeiture of 208-51 Bribery (Attempted) of Uniformed Member of the Service 208-35 Bribery Arrest by Uniformed Members of the Service 208-34 Career Felony - Drug Offender Program 208-64 Certificate of Warrant (Non-Support) 208-50 Civilian, Arrest Made By 208-04 Computer Failure, Alternate Procedure for Arrest Number Generation 208-10 Computer Failure, Alternate Procedure for Fingerprint Processing 208-12 Computerized Arrest (OLBS) Notification Printout 208-68 Computerized Investigation Card System 208-23 Contraband Weapons 208-49 Counterfeiting/Forging U.S. Government Obligations 208-47 Counterfeiting/Unauthorized Use of Access Devices 208-47 Decline Prosecution Arrest Cases, Follow-Up Investigations 208-67 Desk Appearance Ticket - General Procedure 208-27 Desk Appearance Ticket - Hospitalized Prisoner 208-30 Desk Appearance Ticket - Participating Department Store Program 208-27 Desk Appearance Tickets - Identification Standards 208-28 Family Offenses/Domestic Violence 208-36 Foreign Nationals 208-56 Involving Uniformed/Civilian Members of the Service 208-37 NYS Order of Protection Registry 208-38 Photographing Visible Injuries/Damaged Property 208-39 Felony Augmentation Program 208-65 Felony Case Development 208-66 Fingerprintable Offenses 208-08 First and Third Platoon Arrests 208-25 Foreign Nationals 208-56 Forfeiture Proceedings for Seized Property 208-26 Forged or Altered Motor Vehicle Documents 208-54 Gambling 208-46 General Processing 208-03 Handcuffing Students Arrested Within School Facilities 215-13 Intoxicated or Impaired Driving Arrest 208-40 Juvenile Delinquent 215-09 Juvenile Delinquent, Court Processing on Weekends and Holidays 215-23 Juvenile Offender 215-10 Law of Arrest 208-01 Licenses Issued by NYC Department of Consumer Affairs, Arrest of Holder 208-57 Lineups/Showups 208-24 Livescan Fingerprinting 208-11 Loitering for Purposes of Prostitution 208-45 Material Witness 208-61 Notifications to the Organized Crime Control Bureau Field Operations Desk by Other Commands/ Units Effecting an Arrest When a Specified Condition Exists 208-73 Notifications in Certain Arrest Situations 208-69 Performing Local, State and Federal Warrant Checks 208-22 Personal Recognizance Juvenile Delinquent 215-12 Persons under Twenty-One, Operating a Motor Vehicle after having Consumed Alcohol 208-41 Photographable Offenses 208-07 Postal Laws, Violation of 208-48 Prostitution 208-44 Removal to Department Facility for Processing 208-02 Rights of Persons Taken into Custody 208-09 Search Guidelines, General 208-05 Security Measures 208-06 Taxicab and Towing Truck Owners/Operators 208-58 Traffic Violations 208-52 Transient Prisoner 208-62 Trespass Notice Program, Processing Arrests Made Pursuant to New York City Housing Authority 208-77 Turnover Arrests 208-20 Vehicle of Foreign Registry 208-55 Warrant, Arrest on a 208-42 Warrants - Delivery of Felony Defendants by NYS Police 208-60 Assaulted, Uniformed Member 212-30 Assistant District Attorneys and Assistant Corporation Counsels, Request for Documents 211-18 Asylum, Foreign National Requests 212-45 Attorney, (Department) Conferral With 211-20 Auxiliary Police Officers Auxiliary Police Supervision and Deployment of Personnel 212-100 Line of Duty Injury or Death 216-13 Selection & Utilization of Volunteers to perform Undercover Assignments for Quality of Life Enforcement 214-05 B Badge, Unauthorized Display 212-81 Bail (see "Prisoners" for related) 210-09 Delivery of Bail Money to Court from Property Clerk 210-11 Delivery of Bail Money to Court from Stationhouse 210-10 Forfeiture of Bail 208-51 Processing Prisoner When Bail Application Made to Judge 210-12 Bail Enforcement Agents, Documentation of Activity of 208-71 Bedside Arraignment 210-05 Bias Motivated Incidents 207-10 Bicycles Bicycle (Aided Case) 216-01 Bicycle Collisions - General Procedure 217-17 Bicycle Death, Serious Injury and Likely to Die, or Critical Injury 217-02 Bicycle Patrol - Optional Uniform Item 204-04 Bicycle Patrol 212-65 Bicycle Registration Program 212-73 Preparation of Aided Report Worksheet 216-02 Preparation of COMPLAINT REPORT 207-01 Biohazard Labels 218-11 Blood Donating to or Requesting from the Department's Blood Program 205-12 Requesting Blood When Outside NYS 205-13 Boats, Processing 218-22 Bombs 212-40 Borough Adjutant Duties and Responsibilities 202-02 Borough Administrator Duties and Responsibilities 202-04 Borough Auxiliary Police Coordinator Duties and Responsibilities 202-07 Borough Commander Duties and Responsibilities 202-01 Borough Counterterrorism Coordinator 202-04b Borough Executive Officer, Administration 202-01b Borough Executive Officer, Operations 202-01a Borough Operations Commander Duties and Responsibilities 202-03 Borough Special Projects Coordinator 202-04a Breath Testing of Uniformed Members of the Service for the Presence of Alcohol Conducting Ordered 203-23 Bribery (Attempted) of Uniformed Member of the Service 208-35 Bribery Arrest by Uniformed Members of the Service 208-34 Building, Vacant 214-17 Burglary/Robbery Apprehension Module 212-61 C Callboxes, Solar Cellular 219-23 Canine Teams, Use of 212-93 Carbon Monoxide Alarms, Response to 216-21 Card, Unauthorized Display 212-81 Career Felony - Drug Offender Program 208-64 Career Program, Police Officer's/Detective Specialist's 205-15 Carjackings 207-32 Cases for Legal Action Program, N.Y.C. Housing Authority 214-07 Cellular Telephone(s) Assigned to Patrol Supervisor, Utilization and Accountability for 219-24 Complaints Involving 207-36 Prisoner 218-50 Ceremonies, Authorization/Notification Regarding Department 212114 Charges and Specifications, Preparing 206-05 Service and Disposition of 206-06 Chief, Duty Response to Serious Incidents 203-01 Child (Juvenile) Abused, Neglected or Maltreated 215-03 Arrest of Child Unlawfully in Certain Licensed Premises 215-11 Care of Dependent 215-01 Child Advocacy Referrals in the Boroughs of Brooklyn and Queens 215-14 Confiscation of New York City Transit Student Metrocards 215-15 Family Court Warrant for Child Abuse/Neglect Cases 215-04 Handcuffing Students Arrested Within School Facilities 215-13 Juvenile Delinquent 215-09 Juvenile Delinquents, Court Processing of Arrests on Weekends and Court Holidays 215-23 Juvenile Offender 215-10 Juvenile Report 215-08 Lost Child 215-02 Personal Recognizance Juvenile Delinquent 215-12 Requests for Assistance from the Administration for Children's Services (ACS) Child Protection Specialists in relation to an official ACS Investigation 215-22 Runaways 215-05 Shelter, Child Requiring 215-06 Truants 215-07 Child Care Leave of Absence 205-28 Citywide Command Discipline System 206-18 CIMS Procedures Citywide Incident Management Systems Citywide Incident Management System (CIMS) - 201 Incident Briefing Form (ICS Form 201) 220-27 Citywide Incident Management System (CIMS) Incident Management Team (IMT) Activation /Deployment Protocol 220-28 CIMS: Agency Core Competencies and Unified Operations Section 220-03 CIMS: Agency Roles 220-04 CIMS: Air Operations 220-23 CIMS: "Check-In- Process 220-24 CIMS: Command Element 220-05 CIMS: Coordinating Agency 220-15 CIMS: Demobilization 220-22 CIMS: Finance/Administration Section Chief 220-12 CIMS: Incident Facilities 220-19 CIMS: Incident Facilities - Air Operations 220-21 CIMS: Incident Facilities - Staging Area 220-20 CIMS: Incident Sequence 220-18 CIMS: Integrated Communications 220-16 CIMS: Intelligence/Investigations Section Chief 220-13 CIMS: Liaison Officer 220-08 CIMS: Logistics Section Chief 220-11 CIMS: Operations Section Chief 220-09 CIMS: Organizational Structure 220-01 CIMS: Planning Section Chief 220-10 CIMS: Primary Agency Matrix 220-02 CIMS: Public Information Officer 220-06 CIMS: Resource Assignments 220-26 CIMS: Resources 220-25 CIMS: Safety Officer 220-07 CIMS: Supporting Agencies and Agency Representatives 220-14 CIMS: Transfer of Command 220-17 Citywide Security Alert Levels 213-18 Interoperability Channels 213-19 Civilian Commendations (Non Members of the Service) 212-70 Civilian Complaints 207-31 Civilian Complaint Review Board 211-14 Witness Statement 207-30 Civilian Employee Involved in a Police Incident 212-34 Civilian, Arrest Made By 208-04 Clergy (Police/Clergy Program) 212-67 Closed Circuit Television Patrol, Housing Bureau 212-98 Collection and Processing DNA Exemplar Samples 218-52 Collisions (see Accidents for related) Accidents and Collisions City Involved 217-04 Bicycle Collisions - General Procedure 217-17 Collision Report Police Department Vehicle Data Entry System 217-15 Collisions - Private Vehicles Authorized for Police Use 217-07 Department Vehicle Collisions 217-06 Leaving the Scene of a Collision 217-05 Preparing, Amending, and Releasing Police Accident Reports (MV104AN) to Involved Parties Appearing in Person at a Police Facility 217-13 Preparation of Police Accident Reports (MV104AN) for Collisions Occurring on Highways, Bridges and Tunnels 217-14 Vehicle Collisions - General Procedure 217-01 Vehicle Collisions which result in Death, Serious Injury and Likely to Die, or Critical Injury 217-02 Vehicle Collisions which result in Death, Serious Injury and likely to die, or Critical Injury - Mechanical Defect Involved 217-03 Command Auxiliary Police Coordinator Duties and Responsibilities 202-34 Command Clerk Duties and Responsibilities 202-37 Command Discipline 206-02 Authorized Penalties 206-04 Citywide System 206-18 Reporting Violations 206-01 Violations Subject to 206-03 Commanding Officer Duties and Responsibilities 202-09 Investigation Units 202-10a Commercial Premises, Using Chains and Padlocks to Secure 214-19 Communicable Disease (Aided Case) 216-11 Community Affairs Officer Duties and Responsibilities 202-32 Community Policing Community Policing Unit (General Guidelines) 212-62 Duties and Responsibilities 212-63 Community Notification Protocol 212-74 Compensation, Guidelines for Acceptance of 203-16 Complaint Reporting System 207-01 Complaint Reports Duplicated Copies 207-05 Voiding 207-03 Complaints Bias Motivated Incidents 207-10 Carjackings 207-32 Cellular Telephones, Complaints Involving 207-36 Civilian Complaint - Witness Statement 207-30 Civilian Complaints 207-31 Complaint Reporting System 207-01 Complaint Reports, Voiding 207-03 Complaint Reports, Duplicated Copies 207-05 Complaints Already Recorded, Follow-Up Investigations of 207-09 Complaints Not Recorded on the On Line Complaint System 207-02 Computers or Computer Technology, Investigation of Crimes Involving 207-20 Contraband Weapons 207-17 Corruption, Allegations of, and Other Misconduct Against Members of the Service 207-21 Corruption, Allegations of, Against City Employees (Other than Members of the NYPD) 207-22 Credit Cards, Complaints Involving 207-18 Enforcement Incidents, Recording 207-33 Field Reports 207-29 Identity Theft, Involving 207-34 Lockers, Thefts From 207-19 Lost or Stolen Property 207-12 Lost or Stolen Vehicle Plates, Licenses and Other Department of Motor Vehicle Documents 207-13 Missing Persons 207-23 New Smoking Ban in New York City, Response to Complaints of Violations of 214-36 Notifications 207-06 Occurring in Another Command 207-04 Orders of Protection Prohibiting Off-Duty Firearms Possession by UOS 206-20 Orders of Protection Served on Members of the Service 206-19 Police Impersonation, Robbery Complaint 207-14 Preliminary Investigation of Vice Related, Narcotics and Organized CrimeRelated Complaints 207-08 Preliminary Investigation of (Other than Vice Related or Narcotics Complaints) 207-07 Preliminary Investigation, Recording and Transmission of Alarms for Stolen Vehicles 207-11 Protective Services for Adults Agency and the Department for the Aging, Notifications from Caseworkers Employed by 207-25 Rental Vehicle, Overdue 207-16 Robbery Complaints Involving Police Impersonation 207-14 Threats to Complainant and Witnesses 207-15 Transit System, Recording of Complaints Occurring Within New York City 20728 Weapons, Voluntary Surrender of With Written Notice 207-26 Weapons, Voluntary Surrender of Without Prior Notice 207-27 Computer Evidence, Processing 218-31 Computer Failure Alternate Procedure for Arrest Number Generation 208-10 Alternate Procedure for Fingerprint Processing 208-12 Computers or Computer Technology, Investigation of Crimes Involving 207-20 Computer, Systems, Department 219-14 Conditions, Street/Highway, Survey and Observation 214-22 Conducted Energy Devices, Use of 212-117 Confidential Informants 212-68 Confrontation Situations 212-33 Construction Sites 214-16 Response to Work Disruptions at City Construction Sites 212-51 Consumer Affairs, (Department of) Official Appearance 211-13 Contraband Weapons 208-49 Controlled Substance Program, Anonymous 214-15 Controlled Substances/Marijuana Marijuana, Field Testing of 218-08 Not Stored at Stationhouse, Processing 218-25 Stored at Stationhouse, Processing 218-24 Transmittal to the Lab 218-04 Corporation Counsel, Obtaining Assistance 211-21 Corruption, Allegations of and Other Misconduct Against Members of the Service 207-21 Corruption, Allegations of, Against City Employees (Other than Members of the NYPD) 207-22 Counseling Services Unit 205-46 Counseling, Trauma Program 205-08 Counterfeit Money 212-47 Counterfeiting/Forging U.S. Government Obligations 208-47 Counterfeiting/Unauthorized Use of Access Devices 208-47 Court Appearance by Members of the Service Before Governmental Agencies or Private Organizations 211-09 Arrest, Documenting and Reporting Court Appearance 211-08 Assistant District Attorneys and Assistant Corporation Counsels, Request for Documents 211-18 Borough Court Liaison Officer Criminal Justice Bureau 202-13a Civilian Complaint Review Board 211-14 Computerized Court Appearance System 211-04 Consumer Affairs, (Department of) Official Appearance 211-13 Corporation Counsel, Obtaining Assistance 211-21 Criminal and Civil Court Telephone Alert System 211-06 Criminal Court Summons Issued for Consumption of Alcohol in Public, Pleading Guilty by Mail 209-35 Department Attorney, Conferral With 211-20 Department of Consumer Affairs, Official Appearance 211-13 DMV Hearing 211-12 Duties and Conduct in Court 211-01 Freedom of Information Law, Requests Under 211-17 Hearings at Department of Motor Vehicles 211-12 Juvenile Delinquents, Court Processing of Arrests on Weekends and Court Holidays 215-23 Legal Bureau Requests for Department Records 211-17 Notification to Appear at Court and Other Government Agencies 211-05 Notifying Court, Trial Room or Other Agencies When Members of the Service report Sick 205-61 Regular Day Off, (R.D.O.) Prevention of Court Appearance 211-07 Request for Documents Received from Assistant District Attorneys and Assistant Corporation Counsels 211-18 Subpoenas Issued by Court Outside New York City 211-16 Subpoenas, Processing 211-15 Traffic Violations Bureau Appearances and Computerized Time Slips 211-11 Traffic Violations Bureau Notifications 211-10 Transit Law Torts/Quick Response Unit 211-19 Warrant Arrest, Documenting and Reporting Court Appearance 211-08 Courtesies 203-02 Credit Cards, Complaints Involving 207-18 Crime Information Centers 212-103 Crime Prevention Officer Duties and Responsibilities 202-26 Crime Scene Investigations 212-04 Affecting New York City Transit Train Service 212-05 Crowd Control/Special Events 213-11 Currency Forfeiture of, Processing 218-38 Handling of Red Dye Marked and Intact Exploding Currency Packets 218-37 Non-Evidence, Processing 218-36 Required as Evidence, Processing 218-35 D Dead Human Body (General) 216-04 Safeguarding Property of 218-28 Deadly Physical Force 203-12 Death, Member of the Service 205-07 Department Confidentiality Policy 203-22 Prohibiting Racial Profiling Policy 203-25 Department of Buildings, Access Warrants, New York City 214-37 Department of Motor Vehicles Hearing 211-12 Lost or Stolen Vehicle Plates, Licenses and other DMV Documents 207-13 Suspension and Revocation Orders 212-80 Department Ceremonies, Authorization/Notification regarding 212114 Departmental Recognition 205-39 Department Requests for New York City Transit Buses 212-19 Desk Appearance Ticket (General) 208-27 Hospitalized Prisoner 208-30 Identification Standards 208-28 Participating Department Store Program 208-27 Desk Officer Duties and Responsibilities 202-14 Diplomatic Incidents 212-56 Discrimination, Employment 205-36 Display of Offensive Material 205-37 Retaliation Against Members of the Service, Investigation of 205-38 Distraction Devices, Guidelines and Approval Process Pertaining to the Use of 212-115 Disorders, Unusual, Duties At 213-05 DNA Exemplar Samples, Collection and Processing 218-52 Domestic Violence Prevention Officer Duties and Responsibilities 202-29 Domestic Violence/Family Offenses 208-36 Involving Uniformed/Civilian Members of the Service 208-37 New York State Order of Protection Registry 208-38 Orders of Protection, Service of By UMOS 212-57 Photographing Visible Injuries/Damaged Property 208-39 Processing of New York State Domestic Incident Reports in the Domestic Violence Database 208-70 Project Safe - Escorts for Victim Services Clients and Locksmiths 214-21 Donating Blood 205-12 Driver's License As Condition of Employment 203-03 Mandatory Driver's License Checks 209-24 Suspended or Revoked Vehicle Operator's License 209-26 Driveway Tow Program 214-14 Drug Screening As Condition of Discretionary Promotion 205-34 For Assignments to I.A.B. and Detective Bureau 205-31 For Assignments to O.C.C.B 205-32 For Assignments Within Special Operations Division and Other Specialized Units 205-33 For Cause 205-30 Random 205-29 Voluntary 205-35 Duty Captain Duties and Responsibilities 202-08 Duty Chief 202-01c E Educational Fellowship/Scholarship Notification of Intent, Extended Leave of Absence 203-26 Elections Election Poll Report 212-89 Primary, General and Special Election Day Duties after Close of Polls 21288 Primary, General and Special Election Day Duties Prior to Opening of Polls 212-86 Primary, General and Special Election Day Duties While Polls are Open 21287 Electronic Summons Tracking System (ESTS) 209-36 Emblems, Insignia and Breast Bars 204-16 Emergency Incidents 213-02 Apprehension Plan 213-12 Duties At Unusual Disorders 213-05 Duty Chief, Response to Incidents 213-03 Emergency Plans A - B - C 213-13 Large Scale Arrest Processing 213-06 Mobilization of Off Duty Personnel 213-10 Mobilization Readiness Levels 213-04 Mobilization, Rapid 213-03 Policing Special Events/ Crowd Control 213-11 Unusual Disorder Kits 213-09 Unusual Disorder Maps 213-07 Unusual Disorder Plan Formulating Plan 213-08 Emergency Power Outages 219-28 Emotionally Disturbed Person (E.D.P.) (see Mentally Ill, etc., for related) 216-05 Employee Suggestion Program 205-41 Employment Discrimination 205-36 Display of Offensive Material 205-37 Retaliation Against Members of the Service, Investigation of 205-38 Environmental Control Board Notice of Violation and Hearing (General Procedure) 209-12 Noise Violations General Prohibitions 214-23 Evaluations Appeal of Evaluation - Civilian Member of the Service 205-59 Appeal of Evaluation - Uniformed Members of the Service 205-58 Evaluations - General - Members of the Service 205-48 Evaluation of Assistant Chiefs and Above/Civilian Managers 205-55 Evaluation of Captain through Deputy Chief 205-54 Evaluation of Police Officers and Detectives Assigned to Investigative Duties 205-50 Evaluation of Police Officers and Detectives Assigned to Non-Investigative Duties 205-51 Evaluation of Probationary Police Officers 205-49 Evaluation of Sergeants/Lieutenants 205-52 Evaluation of Sub-Managerial Civilian Personnel 205-53 Police Officer's Annual Evaluation Utilizing the Monthly/Quarterly Performance Review and Rating System 205-56 Police Officer's Monthly/Quarterly Performance Review and Rating System 205-57 Evictions and Related Cases for Legal Action Program, N.Y.C. Housing Authority 214-07 Evictions, Repossessions and other Civil Process 214-13 Narcotics Eviction Program 214-02 Padlock Law Program 214-01 Repair of Entrances Damaged By Police During Forced Entry 214-20 Taxi and Limousine Commission Padlock Enforcement Program 214-09 Unlawful Evictions 214-12 Vacate Orders for Residential Buildings 212-43 Evidence, DNA, Immediate Delivery, to the Police Laboratory and the Office of the Chief Medical Examiner (OCME) 218-49 Evidence, Processing Fireworks 218-53 Evidence, Processing Unknown Substances Suspected of Being Chemical, Biological, Radiological, Nuclear(CBRN)/ Hazardous Materials 212-101 Evidence/Property Control Specialist Duties and Responsibilities 202-36 Evidence Requiring Police Laboratory Analysis 218-09 Evidence, Suspect Collection Kits 218-51 Executive Officer Duties and Responsibilities 202-10 Expiration of Tour 212-03 Explosive Devices 212-40 E-Z Pass Tags 219-25 F Family Court Warrant for Child Abuse/Neglect Cases 215-04 Family Offenses/Domestic Violence 208-36 Involving Uniformed/Civilian Members of the Service 208-37 New York State Order of Protection Registry 208-38 Orders of Protection, Service of By UMOS 212-57 Photographing Visible Injuries/Damaged Property 208-39 Project Safe - Escorts for Victim Services Clients and Locksmiths 214-21 Fees (Vehicles and Boats in Police Custody) Collection and Forwarding of 218-44 Fees Forwarding to Audit and Account Section 212-82 Subpoenas 212-79 Vehicle Collisions (General) 217-01 Vehicles and Boats in Police Custody, Collection and Forwarding of 218-44 Vendors (Equipment and Goods), Removal and Storage Fees 218-43 Felony Augmentation Program 208-65 Felony Case Development 208-66 Field Intelligence Officer 202-41 Field Reports 207-29 Financial Restrictions Prohibited Acts 203-13 Prohibited Interests 203-14 Fingerprints Computer Failure, Alternate Procedure for Fingerprint Processing 208-12 Fingerprintable Offenses 208-08 Livescan Fingerprinting 208-11 Fire 212-58 Firearms (see "Weapons" for related) Disposal of Handgun to Handgun Licensee 204-14 Enhancement of Offenses Involving Firearms 208-75 Firearms Proficiency Requirement 205-62 Firearm Safety Stations at Psychiatric Wards and Admitting Areas 216-07 General Regulations 204-08 Handgun Purchase 204-10 Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits 212-118 Lost or Stolen Firearm 219-21 Orders of Protection Prohibiting Off-Duty Firearms Possession by Uniformed Members of the Service 206-20 Pistol License Suspension, Revocation or Cancellation 218-45 Pistol License, Verification of 212-84 Pistol Magazine Purchases 204-11 Removal and Restoration of 206-17 Removal of from Intoxicated UMOS 206-12 Repair/Replacement of 204-12 Required Equipment 204-09 Response to Firearms Dealer Locations 212-44 Responsibility for While Sick 205-03 Rifle/Shotgun Permit Suspended, Revoked, Disapproved 212-85 Rifle/Shotgun, Unlawful Possession 212-46 Selling/Disposing of Handguns to Another Uniformed Member of the Service or to a Licensed Firearms Dealer in New York State 204-13 Shotguns/Long Guns/Automatic Weapons, Use and Issuance of 212-94 Firearms Discharge by Uniformed Members of the Service 212-29 Firearms/Firearm-Related Evidence Processing 218-23 Transmittal to the Lab 218-04 Fired Upon, Uniformed Member 212-30 Fireworks Evidence, Processing 218-53 Fireworks, Injuries Resulting From Illegal Use 212-55 Fitness for Duty 203-04 Flag (Placement of) 203-02 Foreign Nationals 208-56 Foreign National Requesting Asylum 212-45 Mayor's Executive Order Nos. 34 & 41, City Policy Concerning Confidential Information and Immigrant Access to City Services 212-66 Forfeitures Currency, Processing 218-38 Negotiable Instruments, Processing 218-38 Peddler, Unlicensed, Forfeiture Program 218-41 Proceedings for Seized Property 208-26 Vendor Distributor Forfeiture Procedure 218-40 Forged Documents Forged or Altered Motor Vehicle Documents 208-54 Forging U.S. Government Obligations 208-47 Found Property Processing 218-26 Retained by an Interstate Transportation Company, Airline, Bank or Safe Deposit Company 218-27 Freedom of Information Law, Requests Under 211-17 Fund Raising Events 203-17 G Gambling 208-46 Gifts, Guidelines for Acceptance of 203-16 Graffiti Graffiti Reward Program 214-03 Operational Guidelines for Processing Complaints/Arrests for Graffiti 20737 Guidelines for Interaction with Limited English Proficient (LEP) Persons 212-90 H Handschu Authority Guidelines For the Use of Photographic/Video Equipment By Operational Personnel at Demonstrations 212-71 Guidelines for UMOS Conducting Investigations Involving Political Activities 212-72 Policing Special Events/Crowd Control 213-11 Harassment of Uniformed Member 212-30 Hazardous Materials/ Infectious Diseases 212-37 Communicable Disease (Aided Case) 216-11 Exposure to 205-10 Persons Overcome by Gas, Drugs, or other Poisonous Substances 216-08 Hearing Impaired Persons, Interaction with 212-104 Heating Oil, Delivery of 219-13 Helmet (Disorder Control/ Scooter) Replacement Parts 204-20 Guidelines for Wearing/Carrying 203-05 Highway/Street Conditions, Survey and Observation 214-22 Holding Pens 210-08 Homeless Outreach Unit, Operational Guidelines 214-06 Hospitalized Prisoners 210-02 Hostage/Barricaded Person(s) 212-38 Housing Bureau Closed Circuit Television Patrol 212-98 Housing Developments Disabled Elevator Car with Passengers 212-28 Inspection of Facilities 212-26 Person Threatening to Jump from Structure 212-54 Vertical Patrol of Buildings 212-60 I Identification Card, Lost or Stolen 219-21 Identity Theft, Complaints 207-34 Immigrants Mayor's Executive Order Nos. 34 & 41, City Policy Concerning Confidential Information and Immigrant Access to City Services 212-66 Incidents and Law Enforcement Civilian Employee Involved 212-34 Command Responsibilities When a Person Dies or Sustains a Serious Injury in Connection With Police Activity 212-53 Confrontation Situations 212-33 Enforcement Personnel of Other Agencies Involved 212-35 Former/Retired MOS or Off Duty/Retired Federal, State or City Law Enforcement Agent Involved 212-36 Incidents Involving Holders of Handgun Licenses or Rifle/Shotgun Permits 212-118 Repair of Entrances Damaged By Police During Forced Entry 214-20 Police Eligible Involved 212-34 Probationary Police Officer Involved 212-34 Infectious Diseases Communicable Disease (Aided Case) 216-11 Exposure to 205-10 Information Concerning Official Business of Department 212-76 Inspections of Pawnbrokers and Second-Hand Dealers 214-38 Integrity Control Officer Duties and Responsibilities 202-15 Integrity Review Board Recommendation Procedure 205-16 Intelligence Gathering Citywide Reporting System 212-12 Gang Related Criminal Activity 212-13 Traffic, Reporting of Chronic Conditions 212-14 Interrogation of Members of the Service 206-13 Interrupted Patrol Log 212-10 Intoxicated or Impaired Driving Arrest 208-40 Under Twenty-One, Operating a Motor Vehicle After Having Consumed Alcohol 208-41 Intoxicated UMOS, Removal of Firearms 206-12 Inventory Searches of Automobiles and Other Property 218-13 Investigations of Animal Abuse 212-119 Invoicing Property (General) 218-01 Alcohol Seized in ABC Law Violations, Processing 218-32 Biohazard Labels 218-11 Boats, Processing 218-22 Cancellation of Pistol License 218-45 Change of Category for Invoiced Property 218-56 Classification of Property 218-19 Computer Evidence, Processing 218-31 Controlled Substances and Firearms Evidence, Transmittal to the Lab 218-04 Controlled Substances/Marijuana Contraband Not Stored at Stationhouse, Processing 218-25 Controlled Substances/Marijuana Contraband Stored at Stationhouse, Processing 218-24 Currency Required as Evidence, Processing 218-35 Currency, Handling of Red Dye Marked and Intact Exploding Currency Packets 218-37 Currency, Non-Evidence, Processing 218-36 Currency, Processing for Forfeiture 218-38 Deceased Person, Safeguarding Property of 218-28 Delivery of Property Other Than Vehicle/Boat to Property Clerk 218-03 Delivery of Vehicle to Property Clerk 218-20 Evidence Requiring Police Laboratory Analysis 218-09 Fees (Vehicles and Boats in Police Custody), Collection and Forwarding of 218-44 Firearm and Ballistics Evidence, Processing 218-23 Fireworks Evidence, Processing 218-53 Forfeiture of Currency, Processing 218-38 Forfeiture of Negotiable Instruments, Processing 218-38 Found Property, Processing 218-26 Found Property Retained by an Interstate Transportation Company, Airline, Bank or Safe Deposit Company 218-27 Immediate Delivery of DNA Evidence to the Police Laboratory and the Office of the Chief Medical Examiner (OCME) 218-49 Inventory Searches of Automobiles and Other Property 218-13 Invoicing Property Taken From a Person's Possession 218-30 Laboratory Analysis 218-09 Lead Seals (Security) 218-10 Lottery Property 218-34 Marijuana, Field Testing of 218-08 Negotiable Instruments, Processing for Forfeiture 218-38 Parolee, Invoicing Property Removed From 218-29 Peddler, Unlicensed, Forfeiture Program 218-41 Photographing Stolen Vehicles When an Arrest is Made 218-18 Pistol License Suspension, Revocation or Cancellation 218-45 Preparation of Request for Laboratory Examination Report 218-54 Property Clerk, Delivery of Property to, Other Than Vehicle/Boat 218-03 Property Clerk, Delivery of Vehicle to 218-20 Property Clerk Division Seals, Obtaining and Returning of 218-42 Property Clerk, Removal and Return of Evidence 218-07 Property Clerk Invoice, Voided 218-02 Recording of Arrest and Property Clerk Invoice Numbers on Arrest Related Reports 218-05 Removal (Temporary) of Invoiced Property from the Command 218-06 Removal and Return of Evidence to Property Clerk Division 218-07 Retention of Invoiced Property 218-55 Return of Property/Vehicles at Command 218-02 Revocation of Pistol License 218-45 Rotation Tow 218-21 Security Envelopes (Plastic) 218-10 Sexual Offense Evidence Collection Kits in Sex Offense Cases, Processing 218-33 Stolen Vehicles, Photographing 218-18 Suspension of Pistol License 218-45 Temporary Removal of Invoiced Property from the Command 218-06 Transmittal of Controlled Substances and Firearms to the Lab 218-04 Vehicle Stolen and Recovered Within New York City 218-14 Vehicle Stolen Outside New York City and Recovered Within New York City 218-15 Vehicle Stolen Within New York City and Recovered Outside New York City 218-16 Vehicles in Police Custody, Safeguarding 218-12 Vendor Distributor Forfeiture Procedure 218-40 Vendors (Equipment and Goods), Removal and Storage Fees 218-43 Vendors (General and Food), Seizure, Removal, and Disposition of Property 218-39 Voided Property Clerk Invoice, Processing 218-02 Involuntary Protection Service 212-69 J Jump, Person Threatening to 212-54 Jury Duty Leave for UMOS 205-26 Juvenile Delinquent 215-09 Personal Recognizance 215-12 Court Processing of Arrests of Juvenile Delinquents on Weekends and Court Holidays 215-23 Photographing Juveniles Charges as Juvenile Delinquents or Juvenile Offenders 215-24 Juvenile Desk, Utilization of the 215-21 Juvenile Offender 215-10 Photographing Juveniles Charges as Juvenile Delinquents or Juvenile Offenders 215-24 On Line Juvenile Report System 215-08 K Key Left in Ignition 209-27 L Labor Dispute 212-52 Laboratory Analysis of Evidence 218-09 Lead Seals (Security) 218-10 Leave 203-20 Absent Without (A.W.O.L) 205-18 Child Care Leave of Absence 205-28 Educational Fellowship/ ScholarshipNotification of Intent, Extended Leave of Absence 203-26 Jury Duty Leave for UMOS 205-26 Military Leave, Definite 205-22 Military Leave, Indefinite 205-23 Pregnancy Related Guidelines for UMOS 205-27 Special Leave for Former Members of the Armed Forces 205-24 Without Pay Thirty Calendar Days or More 205-21 Without Pay Twenty-Nine Calendar Days or Less 205-20 Leaving City on Official Business 212-83 Leaving the Scene of a Collision 217-05 Legal Bureau Requests for Department Records 211-17 Lieutenant - Platoon Commander Duties and Responsibilities 202-13 Line of Duty Injury or Death Auxiliary Police Officer 216-13 Occurring Within City 205-05 Outside City in Residence Counties 205-06 School Crossing Guard Injured While Performing Duty 216-12 Supervision of MOS Receiving Physical Therapy 205-09 Lineups/Showups 208-24 Locker (Department) 203-03 Inspection of 219-19 Thefts From 207-19 Loitering for Purposes of Prostitution 208-45 Lojack Stolen Vehicle Recovery System and Monthly Report 212-15 Lost Child 215-02 Lost or Stolen Firearm, Shield, Identification Cards 219-21 Lost or Stolen Property 207-12 Lost or Stolen Vehicle Plates, Licenses and Other Department of Motor Vehicle Documents 207-13 M Making False Statements 203-08 Material Witness 208-61 Meal Period 212-02 Media Incidents Involving 212-49 Release of Information to News Media 212-77 Mentally Ill or Emotionally Disturbed Persons 216-05 Hostage/Barricaded Person(s) 212-38 Mental Health Removal Orders 216-06 Firearm Safety Stations at Psychiatric Wards and Admitting Areas 216-07 Involuntary Removals Pursuant to Mental Hygiene Law 216-17 Military Leave, Definite 205-22 Military Leave, Indefinite 205-23 Missing Persons 207-23 Mobilizations Mobilization Readiness Levels 213-04 Off Duty Personnel 213-10 Rapid Mobilization 213-03 Mobile Crisis Outreach Teams and Assertive Community Treatment Teams 216-22 Modified Assignment or Suspension, Cause for 206-07 Modified Assignment 206-10 Monitoring Off-Duty Visits to Inmates at Correctional Facilities by Members of the Service 205-63 Motor Scooter Operator Duties and Responsibilities 202-24 Mourning Bands 204-17 N Narcotics Eviction Program 214-02 Narcotics, Street Enforcement Unit (SNEU) Guidelines 212-116 No Child Left Behind Act, Requests for Information from the Department of Education in Accordance with the 215-20 Noise Violations - General Prohibitions 214-23 Notifications to the Intelligence Division Pursuant to Alerts Transmitted from the National Crime Information Center (NCIC) 212-108 Notification to the Organized Crime Control Bureau Field Operations Desk by Other Commands/Units, When a Specified Condition Exists/is Suspected, Whether or Not an Arrest is Effected 208-73 Notifications Regarding Traffic Related Activities 213-17 Notifying Court, Trial Room or Other Agencies when Members of the Service Report Sick 205-61 O Obscenity, Public Display of Offensive Material, Enforcement Activities 214-11 Off Duty Conduct 203-15 Employment 205-40 Incidents Involving UMOS 212-32 Off Duty Employment 205-40 Off Duty Firearms Possession by Uniformed Members of the Service, Orders of Protection 206-20 Off Duty Visits to Inmates at Correctional Facilities by Members of the Service, Monitoring 205-63 On Line Juvenile Report System 215-08 Operations Coordinator Duties and Responsibilities 202-11 Operational Guidelines for Processing Complaints/Arrests for Graffiti 207-37 Operation Safe Haven/ Abandoned Infants 215-19 Operation Safe Store 212-112 Order of Rank 203-01 Orders of Protection Prohibiting Off Duty Firearms Possession by Uniformed Members of the Service 206-20 Orders of Protection Served on Members of the Service 206-19 Orders of Protection, Service of By UMOS 212-57 Orders, Compliance with 203-03 Overtime 205-17 P Padlock Law Program 214-01 Parental Notification for Criminal Court Summonses Issued to Individuals Under 18 Years 209-33 Parking Permits (NYPD Restricted) Distribution and Use of 219-29 Parking Violations Scofflaw Removal Program 212-48 Parolees, Felony Arrests of 208-59 Patrol Kits, Use of 219-17 Patrol Supervisor Duties and Responsibilities 202-17 Patrolwagon Operator Duties and Responsibilities 202-39 Pawnbrokers and Second-Hand Dealers, Inspection of 214-38 Peddlers and Vendors Peddler, Unlicensed, Forfeiture Program 218-41 Vendor Distributor Forfeiture Procedure 218-40 Vendors (Equipment and Goods), Removal and Storage Fees 218-43 Vendors (General and Food), Seizure, Removal, and Disposition of Property 218-39 Voided Property Invoices, Processing 218-02 Pepper Spray Devices, Use of 212-95 Performance on Duty General 203-05 Personal Appearance 203-07 Prohibited Conduct 203-06 Personal Information Via the Department Intranet 203-24 Photographable Offenses 208-07 Photography Domestic Violence, Photographing Visible Injuries/Damaged Property 208-39 Guidelines For the Use of Photographic/Video Equipment By Operational Personnel at Demonstrations 212-71 Photographable Offenses 208-07 Photographing Juveniles Charges as Juvenile Delinquents or Juvenile Offenders 215-24 Photographing Stolen Vehicles When an Arrest is Made 218-18 Photography on the NYC Transit System 212-21 Physical Therapy, Supervision of MOS 205-09 Physicians, Escort For 212-42 Planning Officer Duties and Responsibilities 202-27 Plate, Unauthorized Display 212-81 Police Action in Premises (Licensed or Unlicensed) where Alcoholic Beverages are Sold 214-34 Police Action, Person Dies or Sustains a Serious Injury as a Result of 212-53 Police Attendant Duties and Responsibilities 202-40 Police Eligible Involved in a Police Incident 212-34 Police Impersonation, Robbery Complaint 207-14 Police Officer Duties and Responsibilities 202-21 Postal Laws, Violation of 208-48 Precinct School Safety Sergeant Duties and Responsibilities 202-20 Pregnancy Related Guidelines for UMOS 205-27 Principal Administrative Associate Duties and Responsibilities 202-16 Prisoners (General) 210-01 Arrest Processing of Pre-Arraignment Prisoners Designated As Special Category 210-17 Bail (see "Bail" for related) 210-09 Bedside Arraignment 210-05 Cellular Telephone(s), Prisoners 218-50 Command Responsibilities When a Person Dies or Sustains a Serious Injury in Connection With Police Activity 212-53 Debriefing of Prisoners 210-18 Holding Pens 210-08 Hospitalized 210-02 Hospitalized - Arrests by Members of Other Police Agencies 210-03 Meals 210-06 Obtaining Prisoner DNA Sample in Compliance with Executive Law 995 208-72 Release of 210-13 Release of - Narcotic Arrest - Negative Findings 210-14 Release of Prisoner at the Complaint Room by Direction of the Assistant District Attorney 210-16 Release of Prisoners Arrested By Other Police Agencies 210-15 Requiring Medical/Psychiatric Treatment 210-04 Unusual Occurrence 210-07 Probationary Police Officer Involved in a Police Incident 212-34 Production of Records Assistant District Attorneys and Assistant Corporation Counsels, Request for Documents 211-18 Freedom of Information Law, Requests Under 211-17 Legal Bureau Requests for Department Records 211-17 Subpoenas Issued by Court Outside New York City 211-16 Subpoenas, Processing 211-15 Project Safe - Escorts for Victim Services Clients and Locksmiths 214-21 Property Clerk, Delivery of Vehicle to 218-20 Property Clerk, Delivery of Property to, Other than Vehicle/Boat 218-03 Property Clerk Division Seals, Obtaining and Returning of 218-42 Property Clerk, Removal and Return of Evidence 218-07 Property, Department, Loss or Theft of 219-20 Prostitution 208-44 Protection Service (Involuntary) 212-69 Protective Services for Adults Agency and the Department for the Aging, Notifications from Caseworkers Employed by 207-25 Protective Vests 204-18 Maintenance and Reserve Supply 204-19 Public Contact General 203-09 Prohibited Conduct 203-10 Public Access Defibrillation Program 216-19 Q Quality of Life Complaints Using the 311 Terminal, Processing 214-35 R Racial Profiling, Department Policy Prohibiting 203-25 Radiation Detection Pager Alarms, Personal 212-102 Radiation Detection Pagers, Issuance and Maintenance of 219-27 Radio Motor Patrol Operator Duties and Responsibilities 202-22 Radio Motor Patrol Recorder Duties and Responsibilities 202-23 Radios, Portable 219-15 Real Time Crime Center, Utilization of the 212-78 Reckless Endangerment of Uniformed Member 212-30 Refrigerators, Freezers and Other Self Locking Containers, Discarded 214-32 Registration on Vehicle (Foreign) 208-55 Release of Department Information 212-76 Release of Prisoners 210-13 Removal (Temporary) of Invoiced Property from the Command 218-06 Removal and Restoration of Firearms 206-17 Removal and Return of Evidence to Property Clerk Division 218-07 Removal of Firearms, Intoxicated UMOS 206-12 Removal (Temporary) of Firearms in Non-Disciplinary Cases 205-47 Rental Vehicle, Overdue 207-16 Repair of Entrances Damaged by Police During Forced Entry 214-20 Reporting to Department Surgeon and Returning to Duty from Sick Report 205-60 Repossessed Vehicles/Parking Violations Scofflaw Removal Program 212-48 Requirement, Firearms Proficiency 205-62 Reserve Surgeon, Transport of 212-06 Residence Requirements 203-18 Retaliation Against Members of the Service, Investigation of 205-38 Retirement Pistol License for Retiring MOS 205-44 Resignation 205-43 Vested Interest 205-42 Return Date and Time (Summons) 209-04 Returning to Duty from Sick Report, Reporting to Department Surgeon 205-60 Return of Property/Vehicles at Command 218-02 Rights of Persons Taken into Custody 208-09 Robbery Complaints Involving Police Impersonation 207-14 Roll Call Formations 212-01 Rotation Tow 218-21 Runaway Child 215-05 S Safe Store, Operation 212-112 School Crossing Guard Injured While Performing Duty 216-12 School Related Incidents Police Actions, Related Questioning, Arrests and Investigations at Department of Education Facilities 215-17 Processing of Found Property Recovered by School Safety Agents in Facilities or on Property owned by the Department of Education 218-46 Reporting and Recording Criminal Incidents 215-16 Search Protocols for School Safety Agents 215-18 Sealing Disciplinary Charges 206-15 Sealing Disciplinary Records 206-14 Search Guidelines, General 208-05 Second Hand Dealers, Inspection of Pawnbrokers and 214-38 Secure Automated Fast Event Tracking Network (SAFETNet) 212-107 Security Alert Levels, Citywide 213-18 Security Envelopes (Plastic) 218-10 Security Measures, Arrests 208-06 Seniority 203-01 Sexual Offense Evidence Collection Kits in Sex Offense Cases, Processing 218-33 Shelter, Child Requiring 215-06 Shield, Lost or Stolen 219-21 Shields/Nameplates/Identification Cards 204-15 Showups/Lineups 208-24 Sick, Reporting 205-01 From Outside City and Outside Residence Counties 205-02 Notifying Court, Trial Room or Other Agencies When Members of the Service Report Sick 205-61 Reporting to Department Surgeon and returning to Duty from Sick Report 20560 Responsibility for Weapons 205-03 Vacation Lost Due to Sick Leave 205-19 Signs, Unlawful Posting 214-10 Silver Alert System 207-35 Snow Emergency Regulations 214-26 Removal 214-27 Solar Cellular Callboxes 219-23 Special Events/Crowd Control 213-11 Duties and Responsibilities at Special Events 213-15 Relocation of Vehicles During Special Events 213-16 Special Operations Lieutenant Duties and Responsibilities 202-12 Stolen or Lost Firearm, Shield, Identification Cards 219-21 Stolen or Lost Property 207-12 Stolen or Lost Vehicle Plates, Licenses and Other Department of Motor Vehicle Documents 207-13 Stolen Vehicles, Photographing 218-18 Vehicle Seizure at Time of Arrest 218-48 Stolen Vehicles, Preliminary Investigation, Recording and Transmission of Alarms for 207-11 Stop and Frisk 212-11 Stop Work Orders 214-18 Street/Highway Conditions, Survey and Observation 214-22 Street Narcotics Enforcement Unit (SNEU) Guidelines 212-116 Students, Handcuffing Within School Facilities 215-13 Subpoenas Fees and Accounting Procedures 212-79 Issued by Court Outside New York City 211-16 Processing 211-15 Summonses Conditions of Service 209-01 Criminal Court Summons - Graphic 209-11 Criminal Court Summons Issued for Consumption of Alcohol in Public, Pleading Guilty by Mail 209-35 ECB Notice of Violation and Hearing (General) 209-12 ECB Notice of Violation and Hearing (Graphic) 209-13 Electronic Summons Tracking System (ESTS) 209-36 Mandatory Driver's License Checks 209-24 Noise Violations -General Prohibitions 214-23 Notifications 209-22 Notification to Taxi and Limousine Commission Re: Enforcement Action 209-23 Obtaining and Returning Parking Parking Summons (General) 209-07 Parental Notification for Criminal Court Summonses Issued to Individuals Under 18 Years 209-33 Parking Summons (Graphic) 209-08 Personal Service of Summonses Returnable to Traffic Violations Bureau or Criminal Court 209-09 Quality Control Procedures for the Processing of Summonses Returnable to Criminal Court 209-06 Release of Vehicles Prior to Tow Utilizing a Field Release Agreement (FRA) 209-32 Report Instead of Summons 209-17 Return Date and Time 209-04 Returnable Agencies 209-02 Seizure of Unlicensed Tow Truck 209-29 Served on Vehicle Used on Department Business 209-30 Served or Prepared in Error 209-18 Served Outside Permanent Command 209-20 Served Outside Permanent Command - Papers Lost 209-21 Service of a Summons - Special Procedures 209-16 Service of a Summons - Removal of Ignition Key 209-27 Statement of Correction by a Police Officer 209-31 Suspended or Revoked Vehicle Operator's License 209-26 Traffic Violations Bureau Summons (Graphic) 209-10 Transit Adjudication Bureau - Notice of Violation and Hearing (Graphic) 209-15 Transit Adjudication Bureau Prepared in Error 209-19 Notice of Violation and Hearing Served or Unlicensed Tow Truck Operators 209-28 Warrant Checks Over Citywide I and II Radio 209-25 Supervisor of Anti-Crime Patrol Duties and Responsibilities 202-18 Supplies, Inspection of 219-18 Surgeon (Reserve), Transport of 212-06 Suspect Evidence Collection Kits 218-51 Suspension From Duty Civilian Member 206-09 Uniformed Member 206-08 Suspension or Modified Assignment, Cause for 206-07 T Taxi and Limousine Commission Padlock Enforcement Program 214-09 Taxi and Limousine Commission, Notifications Re: Enforcement Action 209-23 Taxicabs Driver (Aided Case) 216-10 Taxicab and Towing Truck Owners/Operators, Arrest of 208-58 Tear Gas, Use of 212-92 Telephones, Complaints Involving Cellular 207-36 Telephone(s), Prisoners Cellular 218-50 Telephone Switchboard Operator Duties and Responsibilities 202-38 Terrorists Activity, Suspected, Communications Between the Intelligence Division and Units in the Field Regarding 212-110 Threats Against Members of the Service 212-31 Threats to Complainants and Witnesses 207-15 Tow Trucks, Towing and Related Department Tow 219-09 Directed Accidents Response Program (D.A.R.P) 217-09 Driveway Tow Program 214-14 Field Release Agreement (FRA) 209-32 Removal of Vehicles from Parkways, Highways and Expressways 214-31 Repossessed Under Parking Violations Scofflaw Removal Program 212-48 Rotation Tow 218-21 Seizure of Unlicensed Tow Truck 209-29 Taxicab and Towing Truck Owners/Operators, Arrest of 208-58 Tow Truck Enforcement/Common Summonsable Offenses 209-34 Unlicensed Operator 209-28 Traffic Safety Coordinator Duties and Responsibilities 202-06 Traffic Related Activities, Notifications Regarding 213-17 Traffic Safety Officer Duties and Responsibilities 202-28 Traffic Violations (Arrests) 208-52 Traffic Violations Bureau Appearances and Computerized Time Slips 211-11 Notifications 211-10 Training Sergeant Duties and Responsibilities 202-19 Transfer, Application for 205-14 Transient Prisoner 208-62 Transit Police Pass Metrocards (Department Issued New York City) - Acquisition and Use of 219-26 Transit System Aided Cases 216-14 Animals 212-19 Crime Scenes 212-05 Critical Situations 212-17 Ejection 212-20 Evacuations 212-16 Inspection of Rapid Transit Stations on Post 212-23 Malfunction of Transit Bureau Radio Network 212-22 Photography 212-21 Recording of Complaints Occurring Within New York City 207-28 Removal of Power in Subway 212-24 Revenue Escorts 212-25 Searches for Armed/Dangerous Persons 212-18 Transit Law Torts/Quick Response Unit 211-19 Transit Student MetroCards, Confiscation of 215-15 Transport By Department Vehicle Non-Member of the Service 212-07 Physician 212-42 Reserve Surgeon 212-06 Trauma Counseling Program 205-08 Trespass Notice Program New York City Housing Authority 208-76 Processing Arrests Made Pursuant to the New York City Housing Authority Trespass Notice Program 208-77 Truants 215-07 Tuberculosis, Handling Shelter Clients with 216-20 Turnover Arrests 208-20 U "U- Visa Certification 212-111 Unidentified Persons 216-03 Uniforms 204-03 Classifications 204-02 General Regulations 204-01 Lost or Damaged 204-07 Optional Items 204-04 Protective Vests 204-18 Purchase and Inspection of New 204-05 Unusual Disorders, Duties At 213-05 Unusual Disorder Kits 213-09 Unusual Disorder Maps 213-07 Unusual Disorder Plan Formulating Plan 213-08 Unusual Occurrences Prisoners, Involving 210-07 Reports 212-09 Use of Force 203-11 V Vacant Buildings 214-17 Vacate Orders for Residential Buildings 212-43 Vacation Policy 203-19 Vacation Lost Due to Sick Leave 205-19 Vaccination, Hepatitis B 205-11 Vehicle Collisions (General) 217-01 Death, Serious Injury and Likely to Die, or Critical Injury 217-02 Death, Serious Injury and Likely to Die, or Critical Injury - Mechanical Defect Involved 217-03 Department Vehicle Involved 217-06 Directed Accidents Response Program (D.A.R.P) 217-09 Leaving the Scene of a Collision 217-05 Private Vehicle Authorized For Police Use is Involved 217-07 Preparing, Amending, and Releasing Police Accident Reports (MV104AN) to Involved Parties Appearing at a Police Facility 217-13 Preparation of Police Accident Reports (MV104AN) for Collisions Occurring on Highways, Bridges and Tunnels 217-14 Vehicle Checkpoints, Use of 212-64 Vehicle of Foreign Registry 208-55 Vehicle Pursuits 212-39 Vehicles Checkpoints, Use of 212-64 Deactivation of Motor Vehicle Alarms 214-25 Derelict Vehicles Bearing New York State Registration Plates 214-29 Inventory Searches of 218-13 Lost or Stolen Vehicle Plates, Licenses and other DMV Documents 207-13 Pursuits 212-39 Removal of Expired New York State Registration Plates 214-30 Removal of Vehicles from Parkways, Highways and Expressways 214-31 Repossessed Under Parking Violations Scofflaw Removal Program 212-48 Service of ECB Notice of Violation and Hearing for Vehicle Alarms 214-24 Stolen Vehicles, Photographing 218-18 Vehicle Seizure at Time of Arrest 218-48 Vehicle Stolen and Recovered Within New York City 218-14 Vehicle Stolen Outside New York City and Recovered Within New York City 218-15 Vehicle Stolen Within New York City and Recovered Outside New York City 218-16 Vehicles in Police Custody, Safeguarding 218-12 Vehicles, Department Collisions 217-06 Collision Report Police Department Vehicle Data Entry System 217-15 Computerized Gas and Oil Dispensing System 219-11 Delivery of Gasoline to Fuel Dispensing Stations 219-12 Department Tow 219-09 Inspection Each Tour By Operator 219-01 Repairs 219-03 Tire Chains 219-08 Tire Repair Station, Removal from Authorized List 219-07 Tire Repairs, Except Motorcycles 219-05 Tire Replacement 219-06 Unmarked Department Vehicle Utilization Record 219-10 Washing 219-04 Weekly Inspection 219-02 Vending Machines Within Department Facilities, Operation of 21922 Vendors and Peddlers Peddler, Unlicensed, Forfeiture Program 218-41 Vendor Distributor Forfeiture Procedure 218-40 Vendors (Equipment and Goods), Removal and Storage Fees 218-43 Vendors (General and Food), Seizure, Removal, and Disposition of Property 218-39 Voided Property Invoices, Processing 218-02 Vertical Patrol 212-59 Housing Authority Buildings 212-60 Vice Related, Narcotics and Organized Crime-Related Complaints, Preliminary Investigation of 207-08 Violations Observed By Supervisory Officers, Reporting 206-01 Visa Certification, "U- 212-111 Vouchering Property and Related Procedures [see Invoicing Property (General) and Related] W Warrants Access Warrants, New York City Department of Buildings 214-37 Arrests - License Checks, Warrant Name Checks and Notifications to the Organized Crime Control Bureau Field Operations Desk 208-21 Arrest on a 208-42 Certificate of Warrant (Non-Support) 208-50 Chemical Test Warrant Application 217-16 Citywide I and II Radio Check 209-25 Child Abuse/Neglect Cases 215-04 Delivery of Felony Defendants by NYS Police 208-60 Performing Local, State and Federal Warrant Checks 208-22 Repair of Entrances Damaged By Police During Forced Entry 214-20 Search Warrant Applications 212-75 Search Warrant Execution 212-105 Search Warrant Post-Execution Critique 212-106 Weapons (see "Firearms" for related) Contraband Weapons 207-17 Responsibility for While Sick 205-03 Rifle/Shotgun Permit Suspended, Revoked, Disapproved 212-85 Rifle/Shotgun, Unlawful Possession 212-46 Shotguns/Long Guns/Automatic Weapons, Use and Issuance of 212-94 Voluntary Surrender of With Written Notice 207-26 Voluntary Surrender of Without Prior Notice 207-27 Y Youth Officer Duties and Responsibilities 202-30