§ 75. Law enforcement misconduct investigative office. 1.\nJurisdiction. This section shall, subject to the limitations contained\nin this section, confer upon the law enforcement misconduct\ninvestigative office jurisdiction over all covered agencies. For the\npurposes of this section "covered agency" means an agency of any\npolitical subdivision within the state maintaining a police force or\npolice forces of individuals defined as police officers in section 1.20\nof the criminal procedure law, provided however, covered agency does not\ninclude any agency, public authority, or other entity under the\njurisdiction of the state inspector general pursuant to article four-A\nof the executive law, the metropolitan transportation authority\ninspector general pursuant to section one thousand two hundred\nseventy-nine of the public authorities law, or the port authority\ninspector general pursuant to chapter one hundred fifty-four of the laws\nof nineteen twenty-one.\n 2. Establishment and organization. (a) There is hereby established the\nlaw enforcement misconduct investigative office in the department of\nlaw. The head of the office shall be a deputy attorney general who shall\nbe appointed by the attorney general.\n (b) Such deputy attorney general may appoint one or more assistants to\nserve at his or her pleasure.\n (c) The salary for the head of such office shall be established within\nthe limit of funds available therefore; provided, however, such salary\nshall be no less than the salaries of certain state officers holding the\npositions indicated in paragraph (a) of subdivision one of section one\nhundred sixty-nine of this chapter.\n (d) The mission of the law enforcement misconduct investigative office\nshall be to review, study, audit and make recommendations relating to\nthe operations, policies, programs and practices, including ongoing\npartnerships with other law enforcement agencies, of state and local law\nenforcement agencies with the goal of enhancing the effectiveness of law\nenforcement, increasing public safety, protecting civil liberties and\ncivil rights, ensuring compliance with constitutional protections and\nlocal, state and federal laws, and increasing the public's confidence in\nlaw enforcement.\n 3. Functions and duties. The deputy attorney general shall have the\nfollowing duties and responsibilities:\n (a) receive and investigate complaints from any source, or upon his or\nher own initiative, concerning allegations of corruption, fraud, use of\nexcessive force, criminal activity, conflicts of interest or abuse in\nany covered agency;\n (b) inform the heads of covered agencies of such allegations and the\nprogress of investigations related thereto, unless special circumstances\nrequire confidentiality;\n (b-1) promptly inform the division of criminal justice services, in\nthe form and manner prescribed by the division, of such allegations and\nthe progress of investigations related thereto unless special\ncircumstances require confidentiality. Nothing in this paragraph shall\nrequire the division of criminal justice services to participate in the\ninvestigation of such allegations or take action or prevent the division\nof criminal justice services from taking action authorized pursuant to\nsubdivision three of section eight hundred forty-five of this chapter in\nthe time and manner determined by the commissioner of the division of\ncriminal justice services;\n (c) determine with respect to such allegations whether disciplinary\naction, civil or criminal prosecution, or further investigation by an\nappropriate federal, state or local agency is warranted, and to assist\nin such investigations, if requested by such federal, state, or local\nagency;\n (d) prepare and release to the public written reports of\ninvestigations, as appropriate and to the extent permitted by law,\nsubject to redaction to protect the confidentiality of witnesses and\nother information that would be exempt from disclos
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.