Use of Force Reporting
State law requires every police department and county sheriff's office to report any occurrence in which a police officer or peace officer employs the use of force under the following circumstances:
- When an officer engages in conduct which results in the death or serious bodily injury of another person. Serious bodily injury is defined as bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
- In the absence of either death or serious bodily injury, when one of the following is initiated by an officer:
- brandishes, uses or discharges a firearm at or in the direction of another person;
- uses a chokehold or similar restraint that applies pressure to the throat or windpipe of a person in a manner that may hinder breathing or reduce intake of air;
- displays, uses or deploys a chemical agent, including, but not limited to, oleoresin capsicum, pepper spray or tear gas;
- brandishes, uses or deploys an impact weapon, including, but not limited to, a baton or billy; or
- brandishes, uses or deploys an electronic control weapon, including, but not limited to, an electronic stun gun, flash bomb, or long range acoustic device.
Please Note:The Division of Criminal Justice Services (DCJS) is not authorized to provide legal advice; however, it may provide general information. DCJS is responsible for collecting, maintaining and reporting use of force information. DCJS does not make any officer or officer employer discretion determinations regarding this data, as such decisions are reserved for the officer or the officer’s employer. Accordingly, you may wish to contact your county attorney, or other legal counsel, for any specific or legal questions that you may have.
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New York State Use of Force and Arrest Related Death Data Entry Interface User Guide
Instruction on completing and submitting incidents involving Use of Force and Arrest Related Deaths to the New York State Crime Reporting program via the Integrated Justice Portal (IJPortal) interface.
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Use of Force Model Policy
The MPTC Use of Force model policy is firmly rooted in the 4th Amendment jurisprudence that governs police use of force, while remaining broad enough to serve as a framework for any agency in New York to build upon.
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Use of Force Regulations
Reporting and recordkeeping procedures regarding use of force to be followed by the chief of every police department, each county sheriff, and the superintendent of state police which employs police officers or peace officers, and by the Division of Criminal Justice Services.
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Sexual Offense Evidence Kit Reporting
Local law enforcement agencies and district attorneys are required to report information related to the number of Sexual Offense Evidence Kits (SOEK) in their possession to DCJS on a quarterly basis. The executive law requires police and prosecutorial agencies to submit SOEKs in its custody or control to an appropriate forensic laboratory within ten days of receipt. Forensic laboratories receiving these kits shall report the results to the submitting agency and appropriate prosecutorial entity within ninety days after receipt of a kit.
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New York State Sexual Offense Evidence Kit Data Entry Interface User Guide
Instruction on completing and submitting Sexual Offense Evidence Kits(SOEK) to the New York State Crime Reporting program via the Integrated Justice Portal (IJPortal) interface.
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Domestic Incident Report
DCJS and the New York State Office for the Prevention of Domestic Violence have developed a revised Domestic Incident Report (DIR) to collect more data to aid prosecution and assist with victim safety.
Training
DCJS has developed an online training designed to provide officers with a comprehensive overview of how to complete the DIR. The training is available via the eJusticeNY Integrated Justice Portal (IJPortal).
After logging on to the IJ Portal, click the following: Resources > Law Enforcement Training > Reference Library
Ordering DIR Forms
Requests for additional DIRs must be e-mailed to [email protected]
When ordering forms, please provide the agency name and street address for shipment. DIRs will not be sent to a P.O. Box.
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New York State Domestic Incident Report (DIR)
Use this form when responding to Domestic Incident calls. Remember: Whenever possible, ask complainant the DIR questions OUT of earshot and eyesight of suspect.
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Domestic Violence Victim Rights Notice - English
Law enforcement is statutorily required to provide non-English speaking victims with a copy of the DIR Domestic Violence Victim Rights Notice in the victim’s native language when identified.
To assist with this requirement, the DIR Domestic Violence Victim Rights Notice is available to law enforcement in the ten most common non-English languages spoken by individuals in New York State:
Spanish, Haitian Creole, Bengali, Korean, Russian, Simplified Chinese, Arabic, Yiddish, Italian, Polish, French, Urdu
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Asset Forfeiture Reporting
Asset forfeiture is the confiscation of assets which are either the proceeds of crime or the instrumentalities of crime. The reporting provisions added in 1990 were designed to allow for the development of statistical data to evaluate the effectiveness of forfeiture as a law enforcement tool.
Claiming agents and claiming authorities are required to provide information to the Division of Criminal Justice Services (DCJS) and to report the disposal of assets and collection of assets to DCJS as well as the New York State Office of Victim Services and the Office of Addiction Services and Supports.
DCJS reports annually to the Governor and the Legislature on the disposal of property forfeited.