A Local Law to amend the administrative code of the city of New York, in relation to requiring the mayor's office of criminal justice to report on the disposition of criminal cases

Int. No.

By Council Member Lancman

A Local Law to amend the administrative code of the city of New York, in relation to requiring the mayor’s office of criminal justice to report on the disposition of criminal cases

Be it enacted by the Council as follows:

Section 1.  Title 9 of the administrative code of the city of New York is amended by adding a new section 9-303 read as follows:

§ 9-303 Arrest disposition report.

a. Definitions. As used in this section, the following terms have the following meanings:

Criminal enforcement action. The term “criminal enforcement action” means the charging of an offense by any agency of the city of New York.

Disposition. The term “disposition” means the final outcome of any criminal enforcement action, including but not limited to a refusal to prosecute by a district attorney, a conviction for any offense, the dismissal of any charges filed by a district attorney, or an adjournment in contemplation of dismissal. The term “disposition” does not include any appellate outcomes.

Offense. The term “offense” has the same meaning as that in section 10.00 of the penal law or any successor provision.

b. The office shall submit a quarterly summary of criminal enforcement actions and dispositions to the mayor, the council, local district attorney’s offices, and the office of court administration, and post such summary to the department’s website. This summary shall be submitted within 30 days of the beginning of each quarter of the fiscal year. This summary shall include but not be limited to the following information:

1. The number of criminal enforcement actions, disaggregated by agency.

2. The number and percentage of criminal enforcement actions disaggregated by the type of offense alleged or charged by such agency, in the following categories: (a) felonies, (b) misdemeanors, and (c) non-criminal offenses.

3. The number and percentage of criminal enforcement actions in which an accusatory instrument is filed, disaggregated by agency.

4. The number and percentage of criminal enforcement actions in which the pre-trial release status is of the following types, in total and disaggregated by agency: (a) released without bail, (b) bail or bond fixed, or (c) remanded without bail.

5. The number and percentage of dispositions of criminal enforcement actions in the following types, in total and disaggregated by agency: (a) charges dismissed or adjourned in contemplation of dismissal, (b) sentenced to a conditional discharge, (c) sentenced to an unconditional discharge, (d) sentenced to a fine only, (e) sentenced to probation, (f) sentenced to time served, (g) sentenced to a definite period of incarceration, or (h) sentenced to a determinate or indeterminate period of incarceration. For the purposes of this section, any sentence imposed subsequent to an original sentence being imposed shall be deemed only to have had the original sentence imposed, and any sentence that includes multiple types shall be deemed only to include the type that includes a period of incarceration.

6. The number and percentage of criminal enforcement actions in which the following types of offenses are charged or alleged, in total and disaggregated by agency: (a) class A felonies, (b) class B or C felonies, (c) class D or E felonies, (d) misdemeanors, or (e) non-criminal charges.

7. The number and percentage of criminal enforcement actions in which the following types of dispositions are reached, in total and disaggregated by agency: (a) conviction for class A felonies, (b) conviction for class B or C felonies, (c) conviction for class D or E felonies, (d) confection for misdemeanors, (e) conviction for non-criminal charges, or (f) no conviction.

8. The number and percentage of criminal convictions obtained through verdict after trial.

9. The number and percentage of criminal enforcement actions in which the following types of offenses are charged or alleged, in total and disaggregated by agency: (a) class A felonies disaggregated by offense; (b) violent felonies as defined in section 70.02 of the penal law; (c) non-violent felonies as defined in section 70.02 of the penal law; (d) misdemeanors; or (e) non-criminal charges.

10. The number and percentage of criminal enforcement actions in which the following types of dispositions are reached, in total and disaggregated by agency: (a) conviction for class A felonies disaggregated by offense; (b) conviction for violent felonies as defined in section 70.02 of the penal law; (c) conviction for non-violent felonies as defined in section 70.02 of the penal law; (d) conviction for misdemeanors; (e) conviction for non-criminal charges, or (f) no conviction.

11. The number and percentage of criminal enforcement actions in which the following types of offense are charged or alleged, in total and disaggregated by agency:

(a) The following crimes as defined in the New York state penal law: (i) misdemeanor larceny as defined in sections 140.35, 155.25, and 165.40, (ii) misdemeanor drug possession as defined in section 220.03, (iii) misdemeanor assault as defined in sections 120.00, 120.14, 120.15, 121.11, and 265.01, (iv) misdemeanor harassment or violation of a court order as defined in sections 215.50 and 240.30, (v) misdemeanor theft of services as defined in section 165.15, (vi) misdemeanor trespass as defined in sections 140.10 and 140.15, (vii) misdemeanor criminal mischief or graffiti as defined in sections 145.00 and 145.60, (viii) misdemeanor sexual crimes as defined in sections 130.52, 130.55, and 135.60, (ix) misdemeanor resisting arrest or obstructing governmental administration as defined in sections 195.05 and 205.30 , (x) misdemeanor marijuana possession as defined in sections 221.10 and 221.40, (xi) felony vehicular assault or vehicular manslaughter as defined in sections 120.03, 120.04, 120.04-a, 120.20, 120.25, 125.12, 125.13, and 125.14, (xii) felony assault as defined in sections 120.05, 120.06, 120.07, 120.08, 120.09, 120.10, 120.11, 120.12, and 120.13, (xiii) homicide offenses as defined in sections 125.10, 125.11, 125.15, 125.20, 125.21, 125.22, 125.25, 125.26, and 125.27, (xiv) felony sexual assault as defined in sections 130.25, 130.30, 130.35, 130.40, 130.45, 130.50, 130.53, 130.65, 130.65a, 130.66, 130.67, 130.70, 130.75, 130.80, 130.90, 130.91, 130.95, and 130.96, (xv) kidnapping as defined in sections 135.10, 135.20, and 135.25, (xvi) burglary as defined in sections 140.20, 140.25, and 140.30, (xvii) arson as defined in sections 150.05, 150.10, 150.15, and 150.20, (xviii) robbery, grand larceny, and stolen property offenses as defined in sections 155.30, 155,35, 155.40, 155.42, 160.05, 160.10, 160.15, 165.45, 165.50, 165.52, and 165.54, (xix) felony violation of a court order as defined in sections 215.51 and 215.52, (xx) felony drug possession or sale as defined in sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, and 220.44, (xxii) firearm or weapons possession as defined in sections 265.01-A, 265.01-B, 265.02, 265.03, 265.04, 265.08, 265.09, 265.11, 265.12, 265.13, 265.14, 265.16, and 265.19.

(b) The following crimes as defined in the New York state vehicle and traffic law: (i) driving under the influence of alcohol as defined in section 1192, (ii) driving with a suspended license as defined in section 511.

(c) The following categories of offense: (i) any violation or non-criminal offense, (ii) any misdemeanor not specifically enumerated in this paragraph, (iii) any felony not specifically enumerated in this paragraph.

12. The information in paragraphs 1, 6, 7, and 11 of this subdivision disaggregated by the borough in which the inmate’s case was pending. This data shall be listed separately and shall also be compared to the following crime rates disaggregated by borough:

(a) The number of crimes reported per capita;

(b) The number of class A felonies and violent felonies as defined in section 70.02 of the penal law reported per capita;

(c) The number of arrests per capita for criminal offenses; and

(d) The number of arrests for class A felonies and violent felonies as defined in section 70.02 of the penal law per capita.

c. No later than January 1, 2018, and no later than each January 1 thereafter, the office shall publish a report and make recommendations with respect to: 1. trends in dispositions; and 2. any related actions, including programming or training, necessary to address trends in dispositions.

§ 2. This local law takes effect 90 days after it becomes law.

BC/BG

LS 10473

9/20/17