procedures 1

procedures 1
100問 • 2年前
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  • 1

    Receives either of the following commitment papers from the judge when the prisoner is held on bail or remanded to jail: a. DC31 M-1386, Nassau County District Court Commitment, or b. DC508 M-1082, District Court of Nassau County Commitment. 10. Advises the Desk Officer if the judge released the prisoner or remanded him to jail. 11. If the prisoner is released by the judge, returns the shackles to their proper location.

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  • 2

    Informs the Detention Desk Officer that the prisoner is released. Updates the Detention Desk records management system, indicating the prisoner's release. 14. If the prisoner was held on bail or remanded to jail by the judge, contacts NCCC for a Corrections Officer. [See Appendix I] 15. Directs the Police Officers to await the Corrections Officer.

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  • 3

    Guards the prisoner until relieved by the Corrections Officer. 17. Obtains the name of the Corrections Officer, and a. gives the commitment papers to the Corrections Officer, b. turns the prisoner over to the Corrections Officer. 18. Notifies the Desk Officer that the prisoner has been transferred to NCCC personnel. 19. Returns the shackles to their proper location.

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  • 4

    Visitation 1. Receives a request for visitation of a prisoner. 2. Directs the person requesting visitation to the Detention Desk.

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  • 5

    Identifies the person requesting visitation. 4. Determines if the prisoner was processed by: a. the Detective Division, or b. the Patrol Division, or c. a village police department. 5. Contacts and confers with the appropriate command personnel such as a detective supervisor of the investigating squad. 6. Determines if visitation will be authorized, after reviewing the case information and considering factors, such as: a. safety issues, b. needs of the prisoner, c. the integrity of the case. 7. If visitation is denied, notifies the person requesting visitation. [End of Procedure] 8. If visitation is authorized, a. prepares PDCN Form 425, Authorization to Visit Prisoner, b. instructs the person requesting visitation to present it to the guarding Police Officer at the hospital. 9. Photocopies PDCN Form 425 and files the copy. 10. Gives PDCN Form 425 to the person requesting visitation. 11. Advises the Police Officer guarding the prisoner that a visitor will be responding with written authorization.

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    Reviews PDCN Form 425 when presented by the visitor. 13. Identifies the visitor comparing his physical features to the following: a. information on PDCN Form 425, b. driver’s license, c. photo identification, d. any other form of identification the visitor may possess. 14. Remains in the room at all times during the visit. 15. Ensures that there is no physical contact between the prisoner and the visitor and that nothing is given to the prisoner by the visitor. 16. Collects PDCN Form 425 from the visitor upon the form’s expiration. 17. Submits PDCN Form 425 to his command.

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  • 7

    Ensures the prisoner is handcuffed and has been searched. [See OPS 2235] 2. If the prisoner is physically challenged, considers using a Department Ambulance. 3. Initiates the following procedures if necessary: a. Aided Cases Procedure [See OPS 1110], b. Prisoners - Sick or Injured Procedure [See OPS 2210], c. Mentally Disabled Persons Procedure [See OPS 1155]. 4. Removes all police equipment from the rear portion of the police vehicle. 5. Searches the rear portion of the police vehicle for the following: a. weapons, b. dangerous objects, c. objects that may facilitate escape, d. evidence, e. contraband. 6. Places the prisoner in the police vehicle in an upright seated position in the rear seat. 7. Places a second prisoner, if applicable, in the middle of the rear seat. 8. Utilizes the police vehicle’s seat belt to secure the prisoner in the seat. 9. Obtains any required medications and assisting equipment such as wheelchairs, crutches, and prosthetic devices that are possessed by the prisoner and transports with the prisoner. 10. Sits in the rear seat behind the driver’s seat. Note: If the police vehicle is equipped with a prisoner screen the Assisting Officer may sit in the front passenger seat. 11. Engages window and door locks. 12. Continually observes the prisoner during transport. 13. Notifies Communications Bureau (CB) of the following: a. age, if prisoner is a juvenile, b. gender of prisoner, c. reason for transport, d. departure location, e. destination, f. odometer reading. 14. Records the CB time in Memo Book. 16. Responds to destination. 17. Refrains from performing other police duties during transport unless there is a risk of injury to a third person. 18. Notifies CB upon arrival of the following: a. location, b. odometer reading. 19. Record CB time in Memo Book. 20. Remove prisoner from police vehicle or ambulance. 21. Searches the rear portion of the police vehicle for the following: a. weapons, b. dangerous objects, c. objects that may facilitate escape, d. evidence, e. contraband. 22. Escort the prisoner into destination and present to proper authority.

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  • 8

    3 elements essential to all degrees of the offense are: 1. Operation: of a motor vehicle on a public highway. Operation is generally established by the Police Officer's direct observation, but it may be determined by other factors, and 2. Suspension/Revocation: evidence of suspension/revocation must be documented by the Police Officer, and 3. Knowledge: the culpable mental state is knowingly. The Police Officer should document factors determining the operator's knowledge, such as: a. incriminating statements made by the operator, b. prior notice given to the operator by: (1) law enforcement officers, (2) courts, (3) Department of Motor Vehicles (DMV). Records management system: [See Glossary] Supporting Deposition: PDCN Form 93B, Supporting Deposition/Bill of Particulars Aggravated Unlicensed Operation, is used as a supporting deposition, pursuant to Criminal Procedure Law (CPL) §100.25, for all violations of Aggravated Unlicensed Operation. Note: PDCN Form 93B includes a notice of intent to use statements made by the defendant, pursuant to CPL §710.30.

    aggravated unlicensed operation

  • 9

    All Violations 1. Confirms the elements of Aggravated Unlicensed Operation during a vehicle stop. Note: When determining the degree of the offense involving multiple suspensions, count only those suspensions which are listed as failure to answer, appear, or pay fine; do not count revocations, failure to pay child support, or failure to pay driver assessment fee as suspensions. Note: The operator's complete driving history should be used to determine the appropriate charge. This includes combining multiple driving histories if the operator has more than 1 DMV history. 2. Confiscates the suspended/revoked license [See OPS 13030] if it was issued by New York State. 3. Impounds the vehicle when mandated by the VTL. B. Non-Arrest Situations 1. Issues a NYS-DMV Simplified Information/Complaint (ticket) to the operator, for Aggravated Unlicensed Operation 3°, if an arrest is not made: a. makes ticket returnable to Nassau County First District Court [See Appendix M], except for locations with Village or City Courts handling traffic misdemeanors, b. selects return date from the Schedule of Traffic Ticket Return Dates for Nassau County First District Court/TPVA, c. indicates latest suspension number and date of suspension on the ticket, d. makes any tickets issued for other VTL violations returnable to the same court, with the same return date. Note: Generally, an arrest will not be made unless the operator has demonstrated a failure to answer. The arrest is for the purpose of setting pre-arraignment bail. 2. Issues a ticket to the operator, for Aggravated Unlicensed Operation 2°, when directed to do so by a Superior Officer.

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  • 10

    511 Directs a Police Officer to issue a ticket for misdemeanors in lieu of arrest when necessary to maintain availability of Police Officers.

    supervisor

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    4. Ensures that the operator does not operate the motor vehicle after ticket is issued. 5. Prepares PDCN Form 93B for the offense. Note: It is important to complete all relevant sections of the form in order to fulfill the requirements found in the referenced sections of the CPL. 6. Enters the ticket information in the records management system [See Glossary] and attaches PDCN Form 93B. 7. Forwards completed paperwork to the Summons Clerk. 8. Obtains a DMV printout of the operator's driving history, documenting the VTL §511 charge. 9. Forwards paperwork to the Desk Officer for review.

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  • 12

    Arrest Situations 1. Arrests the operator [See OPS 2115], if the offense is: a. Aggravated Unlicensed Operation 3°, when there is reason to believe the operator will fail to answer a ticket, b. Aggravated Unlicensed Operation 2°, unless directed otherwise by a Superior Officer, c. Aggravated Unlicensed Operation 1°. 2. Obtains a DMV printout of the operator's driving history, documenting the VTL §511 charge. 3. Completes the arrest processing, including: a. prepares PDCN Form 93B. Note: Only one PDCN Form 93B needs to be prepared utilizing the most recent suspension/revocation date. b. prepares PDCN Form 85AUO as follows: (1) ForAggravatedUnlicensedOperation2°and3°: (a) prepares a PDCN Form 85AUO for each misdemeanor charge with a maximum of two charges, Note: No more than two PDCN Forms 85AUO will be prepared regardless of the number of suspensions. (b) uses different suspension dates for each PDCN Form 85AUO, (c) uses different reasons for the suspension/revocation when applicable. Note: Count only those suspensions which are listed as failure to answer, appear, or pay fine; do not count revocations, failure to pay child support, or failure to pay driver assessment fee as suspensions. (2) ForAggravatedUnlicensedOperation1°: (a) prepares PDCN Form 85AUO for each felony charge. Note: PDCN Form 85AUO will serve as a Court Information for misdemeanor and felony arrests and a PDCN Form 85 will not be prepared. Note: PDCN Form 85AUO may be hand written. Completes the ticket. Note: The ticket is used by the court to report the final disposition of the VTL §511 charge to the DMV.

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    5. Reviews the arrest paperwork, including the following: a. PDCN Form 93B, b. PDCN Form 85AUO, c. NYS-DMV Simplified Information/Complaint (ticket), DMV printout. 6. Determines appropriate pre-arraignment bail [See OPS 2140], by considering the following: a. operator's prior record for failure to appear, b. violation of §511-3a ii (ten suspensions/ten dates) would generally make the operator not eligible for an appearance ticket without posting the maximum bail amount allowable in the CPL. Note: The return date used for appearance tickets when the operator is arrested is the normal return date used for appearance tickets. 7. Ensures delivery of completed paperwork to the proper court, including the following: a. UT50.2 (blue tab) ticket attached to original 85AUO, b. the original and 4 copies of: (1) PDCNForm93B, (2) PDCNForm85AUO, (3) DMVprintout.

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  • 14

    a personally-assigned, unmarked Department vehicle, not required to be stored at a Department facility and permitted to be removed from the County on a regular basis. The vehicle may be stored at an appropriate location including, but not limited to, the assigned member’s place of residence. These vehicles are specifically designated by the Commissioner of Police. Only the assigned member, or a member directed by the assigned member, may operate a Level 1 AV. For members at the rank of Deputy Chief and above, these vehicles remain with the member, regardless of Division or assignment, until such authorization is rescinded by the Commissioner of Police.

    level 1 vehicle

  • 15

    a personally-assigned, unmarked Department vehicle, not required to be stored at a Department facility, to be used exclusively as transportation to and from the member’s residence and work, or when on official Department business. The vehicle may be stored at an appropriate location including, but not limited to, the assigned member’s place of residence. These vehicles are specifically designated by the Commissioner of Police.If the member is re-assigned to another command, the member does not retain the vehicle and the vehicle will remain in the command. In cases of long-term absences, Level 2 vehicles should be stored at an authorized Department facility. Only the assigned member, or a member directed by the assigned member, may operate a Level 2 AV.

    level 2

  • 16

    a personally-assigned, unmarked Department vehicle, not required to be stored at a Department facility, to be used exclusively as transportation to and from the member’s residence and work, or when on official Department business. The vehicle may be stored at an appropriate location including, but not limited to, the assigned member’s place of residence. These vehicles are specifically designated by the Commissioner of Police.If the member is re-assigned to another command, the member does not retain the vehicle and the vehicle will remain in the command. In cases of long-term absences, Level 2 vehicles should be stored at an authorized Department facility. Only the assigned member, or a member directed by the assigned member, may operate a Level 2 AV.

    level 2

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    a command-assigned, unmarked Department vehicle permitted for use by authorized members and only while on duty. When not in use, these vehicles must be stored at the command or other authorized Department facility. Note: When warranted and with the approval of the Chief of Department, a member may transport a Level 3 vehicle to the member’s place of residence for storage. This vehicle will only be used to transport the member to and from work.

    level 3

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    all other command-assigned, unmarked Department vehicles permitted for use by authorized members and shall be stored at the command of assignment when not in use.

    level 4

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    Criteria for Use of Assigned Vehicles Note: In accordance with Department procedure, disciplinary action may be taken for violations of Department rules applicable to the use of an AV [See Definition]. 1. Adheres to the following criteria when operating an AV: a. only members who have been authorized to operate an AV may do so, b. all safety and use provisions applicable to the use of marked fleet vehicles are applicable to the operation of an AV unless otherwise stated in this procedure, c. carries an identification card, d. if the member operating the AV is a Member of the Force: (1) carries authorized firearms and handcuffs, when practical, (2) wears, or has readily available, soft body armor and marked attire that will allow him to be identified and function as a Member of the Force, (3) monitorspoliceradiofrequencies, e. notifies Communications Bureau when responding to a call for service, when practical, f. if operating a Level 1 AV, (1) (2) limits operation of the AV to routine off-duty travel within Nassau County, or adjoining counties. Any exception shall be authorized by the Chief of Department or Commissioner of Police, ensures that all passengers abide by the following rules: (a) passengers shall be appropriately attired when being transported in an AV, (b) passengers shall use seatbelts or other legally- required restraints, (c) civilianpassengersshallcomplywithappropriate Department regulations while in the AV, including appropriate behavior and conduct, and shall not intervene in the event of police action, (d) civilian passengers shall abide by instructions on actions that must be taken in the case of emergency response. If a member must respond to a call for service, the civilian(s) being transported in the AV shall first be dropped off at a safe location, g. long-distance travel while on duty shall be authorized only by the Chief of Department or the Commissioner of Police, h. will have no expectation of privacy when operating an AV. The Department retains the right to enter and inspect an AV at any time without prior notice, with or without cause. Storage of Assigned Vehicles note: This section pertains only to Level 3 vehicles when stored at an authorized Department facility other than the vehicle’s assigned command. If a member is scheduled for leave extending beyond one week, every reasonable effort should be made to return the AV to the assigned command at the end of the shift preceding the start of said leave. 1. Secures AV at an authorized Department facility other than the assigned command. 2. Notifies his assigned command of the location of the stored AV. 3. If the AV is stored at a precinct or currently-manned facility, notifies the Desk Officer or Supervisor that a vehicle assigned to another command has been secured at the facility. 4. If the AV is stored at an unmanned facility, displays the command placard. 5. Retains vehicle keys. Note: Commands must always be in possession of spare keys for all vehicles belonging to their respective commands. 6. Informs Desk Officer or Supervisor, if applicable, when retrieving the vehicle. desk officer 7. Notes the following information in the time record or diary: a. the rank, name, serial number, and command of the member storing or removing the AV from the facility, b. the date and time the AV is secured or removed from the facility, c. the AV’s number and plate number. Care and Maintenance of Assigned Vehicles 1. Ensures a clean AV at all times. 2. Drops off/picks up the AV for scheduled maintenance. 3. Inspects the AV frequently to ensure it remains in good repair and functions properly. 4. Refrains from making any alterations to the exterior, equipment, mechanics, or interior of the AV. This includes the installation of personal equipment or placement of unauthorized stickers or magnetic placards.

    vehicle

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    : A Department Interpreter who has received formalized instruction in interviewing and statement taking techniques.

    investigative interpreter

  • 21

    : Cards written in different languages which enable LEP individuals to identify their primary language by pointing at a language printed on the card. These cards can be located on the Department Intranet Links section under Information Links/ NCPD Language Access.

    Language Identification Card

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    : A department computer network database, available to Supervisors, that contains skills and education information about both uniformed and civilian Members of the Department.

    Employee Skills Search Database Program

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    : Individuals who do not speak English as their primary language and possess a limited ability to read, write, speak, or understand English.

    Limited English Proficient (LEP) persons

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    : A telephonic service that gives the Department access to an interpreter for over 240 languages, 24 hours a day, 7 days a week. This service is not used to interview or interrogate subjects of a criminal investigation.

    Interpreter Service

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    Telephone Calls 1. Receives a telephone call from a Limited English Proficient (LEP) person. 2. Attempts to determine the language being spoken and whether or not a Member of the Department is immediately available to speak to the caller in that language, utilizing the Employee Skills Search Database Program [See Definition] if necessary. 3. If able to determine the language being spoken and a Member of the Department is immediately available to speak to the caller, a. uses that member to converse with the caller, b. takes appropriate action in response to the situation. [End of Procedure] 4. If unable to determine the language being spoken or if a Member of the Department is not immediately available to speak to the caller, a. States “dame [pronounced dah-meh] su numero de teléfono, despacio por favor” (“give me your phone number, slowly please”) to obtain a call back number, b. once a call back number has been obtained, states "uno momento” (“one moment”), Note: This phrase is understood in many different languages. Note: If for some reason the call is disconnected, and a call back number has been obtained, call language line and provide them with the call back number and have them connect you with the caller. Note: If using Alcatel-Lucent Landlines, [Go to step 13] c. places the caller on hold. 5. Presses the telephone "Link" button and dials the interpreter service telephone number 1-844-536-1912. Note: If the telephone does not have a "Link" button, press the "Feature" button and then the numbers 7 and 1. Feature 71 is the link feature. 6. When prompted by automated operator: a. presses 1 for Spanish, b. presses 2 for other or if language is not known. 7. Gives the following information to the interpreter after being connected: a. Member serial number and post of occurrence, b. Department’s 6-digit Client Identifier-572623, c. what you want to accomplish on the call. 8. Presses the "Link" button or "Feature 71." Note: You are now on a 3-way conference call with the interpreter and the caller. 9. Proceeds with the conversation utilizing the interpreter. 10. Takes appropriate action in response to the situation. 11. If response requires dispatching an officer to the scene, requests the radio dispatcher assign a Department Interpreter who speaks the appropriate language, if available. 12. Initiates other procedures as necessary, such as Case Reports [See OPS 8110]. 13. If using Alcatel-Lucent Phones: a. While on call, presses ‘New Call’ soft key. The first call will be placed on hold, b. Dials 9 for a line then 1-844-536-1912, after greeting enters: 1 for Spanish; 2 other languages; 0 if unknown, c. Upon request from live agent, provides: (1) Member’s Serial number, (2) 3-digit Post of Occurrence/Command Identifier, and (3) Department Client ID #572623. d. States what member wants to accomplish, e. Presses the soft-key next to ‘Conference’ on-screen, f. Performs steps 9-12 listed above, g. Ends the conference by pressing the ‘End’ key. B. In Person 1. Comes into contact with a LEP person. 2. Attempts to determine the language being spoken, utilizing other people at location, or the Language Identification Card, to assist with determining the language of the LEP person. Note: The Language Identification Card can be located on the Department Intranet Links/Information Links section under NCPD Language Access. 3. Attempts to locate a person at the location who can serve as interpreter. This person should only be used to: a. determine what has occurred/what is required, b. resolve minor issues that do not require further police action, c. interpret until a member of the department arrives in instances that do require further police action. Note: Discretion must be used in selecting a person at the location. A person who has a personal interest in the situation may not serve as a good interpreter. A person at the location should not be used to interpret in the following situations: 1. for potential admissions, confessions, or sworn statements, 2. when the person is the alleged perpetrator in a domestic incident and would be translating for an alleged victim or complainant of that domestic incident, 3. the person is a minor child in a high stress situation. [See OPS 6310] 4. If unable to determine the language being spoken, and unable to locate a person at location who can serve as interpreter, utilizes the Language Line service Interpreters Insight App on a Department cell phone. Note: The interpreter service can assist in identifying the language being spoken. 5. If able to determine the language being spoken, determines, via radio, whether or not a Member of the Department is immediately available to interpret in that language, utilizing the Employee Skills Search Database Program if necessary. 6. If able to determine the language being spoken and a Member of the Department is immediately available to interpret, a. requests that member respond and assist with the interpretation, b. uses that member to converse with the person, c. Takes appropriate action in response to the situation. [End of Procedure] 7. If there is not a Member of the Department who is available to interpret, or a person at the location who can interpret: 3. the person is a minor child in a high stress situation. [See OPS 6310] 4. If unable to determine the language being spoken, and unable to locate a person at location who can serve as interpreter, utilizes the Language Line service Interpreters Insight App on a Department cell phone. Note: The interpreter service can assist in identifying the language being spoken. 5. If able to determine the language being spoken, determines, via radio, whether or not a Member of the Department is immediately available to interpret in that language, utilizing the Employee Skills Search Database Program if necessary. 6. If able to determine the language being spoken and a Member of the Department is immediately available to interpret, a. requests that member respond and assist with the interpretation, b. uses that member to converse with the person, c. Takes appropriate action in response to the situation. [End of Procedure] 7. If there is not a Member of the Department who is available to interpret, or a person at the location who can interpret: Note: Language Line interpreter can be used until a department interpreter is available

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    8. Further attempts to locate a Department Interpreter, utilizing the Employee Skills Search Database program if necessary. Note: Note: If the request is for a potential admission, confession, or sworn statement an Investigative Interpreter should be used. When a department interpreter is unavailable, the department may rely on other local law enforcement agencies, including those within Nassau County, for assistance to LEP persons. In cases involving an LEP person who is the complainant, victim or witness of an alleged crime, only non-federal agencies should be utilized. 9. If there is no Department Interpreter and a local law enforcement agency will not be utilized for the requested language, notifies the requesting member. 11. If there are Department Interpreters for the requested language, determines if one of them is working. 12. If there are Department Interpreters working, a. contacts one of the Department Interpreters, b. advises him to respond and assist the requesting member, c. notifies the requesting member that a Department Interpreter is responding to assist. 14. If there are no Department Interpreters working, evaluates the situation to determine if a Department Interpreter will be called in to translate. 15. If a Department Interpreter will be called in to translate, a. contacts the Department Interpreter, b. advises him to respond and assist the requesting member, c. notifies the requesting member that a Department Interpreter is responding to assist. 17. If a Department Interpreter will not be called in, notifies the requesting member to use the interpreter service.

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    10. If notified that there is no Department Interpreter, or an interpreter from a local law enforcement agency will not be utilized for the requested language, uses the Language Line service Interpreters Insight App on a Department cell phone. [Go to Step 19] 13. Uses the Department Interpreter to converse with the person and takes appropriate action in response to the situation. [End of Procedure] 16. Uses the Department Interpreter to converse with the person and takes appropriate action in response to the situation. [End of Procedure] 18. If notified that a department interpreter will not be called in, utilizes the Language Line service Interpreters Insight App on a Department cell phone. 19. Gives the following information to the interpreter after being connected: a. Member serial number and post of Occurrence, b. Department’s 6-digit Client Identifier-572623, c. what you want to accomplish on the call. 20. Proceeds with the conversation utilizing the interpreter. Note: Note: When communicating with a LEP individual in person at the station house, either department cell phone or station house phone may be used. A speaker phone should be used, if available, whether using department cell phone or station house phone. If a speaker phone is not available, hand the department cell phone/station house phone receiver between yourself and the LEP person. 21. Takes appropriate action in response to the situation. 22. Initiates other procedures as necessary, such as Case Reports [See OPS 8110]. C. Written Statements Note: LEP subjects of criminal investigations will be advised in their primary language of their rights, in regard to giving a statement and securing an attorney, through a Department Interpreter prior to giving a statement. Investigative Interpreters should be used when questioning LEP subjects of criminal investigations for potential admissions and confessions. In those cases where there is no Investigative Interpreter available for the appropriate language, a court certified interpreter can be obtained through: a. First District Court, b. NCPD’s Language Access Coordinator, c. Communications Bureau Supervisor. Interpreter service will not be used to interview or interrogate subjects regarding criminal investigations. Department/ Investigative Interpreter 1. Interviews the LEP person. 2. Prepares a written statement in the LEP person’s primary language. Note: A written statement will be prepared in English, if the statement cannot be written in the LEP person’s primary language. 3. Ensures the LEP person has full comprehension and is in agreement with the statement after he: a. directs the LEP person to read the LEP written statement, or b. reads the statement to the LEP person if the statement was written in English. 4. Determines if the LEP person is able to understand the written statement. 5. If the LEP person is able to understand the written statement, [Go to step C.7]. 6. If the LEP person is unable to understand the written statement reads the statement to the LEP person in his language. 7. Requests the LEP person sign the written statement, in front of a witness, after the LEP person signifies full comprehension and agreement. 8. Prepares a written English translation of the LEP person's statement, if not already prepared. 9. Attaches the written English translation of the LEP person’s statement to the original statement. Note: The LEP person will not be asked to sign the English language statement. 10. Notes in the case report and the crime report the name of the interpreter(s). 11. Forwards the following to the District Attorney's office if the case is being referred there: a. original statement, b. English translation.

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    A. Crime Victim Referral 1. Informs the following crime victims that they have the right to file for compensation benefits with the NYS Crime Victims Board: a. all victims of a felony or misdemeanor, b. victims of a crime who sustain personal physical injury, c. victims of a crime who suffer a loss or damage to articles of essential personal property, d. the surviving spouse, parent, or child of a victim who dies as a direct result of a crime, e. a person who was dependent for principal support upon a victim who has died as a direct result of a crime, f. a person who has paid or incurred the burial expenses of an innocent victim who dies as a direct result of a crime, g. a child (under 18) victim of, or witness to, a crime or the child’s parent, guardian, or sibling. Note: Applications are available at any Nassau County Police Precinct or by contacting the Nassau County Crime Victims Assistance Center. 2. Issues all crime victims of a Felony or Misdemeanor a NYS Crime Victims Board Information Card. 3. Offers referral to the Nassau County Crime Victims Assistance Center and issues a PDCN Form 289, Crime Victim Information Card, to crime victims in the following circumstances: a. persons who request applications or assistance in applying for NYS Crime Victims Compensation Benefits, b. victims of domestic violence, c. persons who appear to need counseling as a result of being a crime victim, d. senior citizens, handicapped people, or low income individuals who need an emergency locksmith for damage that occurred during a crime and they are the crime victim, e. victims who need accompaniment to court, the District Attorney, or Police Department. 4. Offers referral to a Rape Crisis Center to victims of a sex offense and issues PDCN Form 289. 5. Includes in the Case Report narrative that the victim did or did not receive NYS Crime Victims Board Information Card. [See Executive Law section 625b.] B. Request for Crime Victim Report Note: Detective personnel will process requests for Crime Victim Reports when the case is assigned to the DD. Precinct personnel will process all other requests for Crime Victim Reports. 1. Identifies the person requesting the report and ensures that he is the victim or a person authorized by the victim to receive the report. Note: A person requesting a Crime Victim Report who is not the victim and does not have written notarized authorization to Member of the Department Desk Officer/ Det Supervisor Member of the Department Pct Clerk Det Clerk Crime Victim Assistance Project Liaison Officer Pct Clerk Supply Unit receive the report on behalf of the victim should be given PDCN Form 288, Crime Victim’s Request for the Police Report, and instructed to have the victim fill it out. 2. Instructs the person making the request to fill out PDCN Form 288. 3. Generates the Crime Victim Report from the records management system. [See Glossary] 4. Obtains authorization to release the report from the Desk Officer or Det Supervisor. 7. Copies the report and gives it to the requestor. 8. Forwards the original Crime Victim Report and the completed PDCN Form 288 to one of the following: a. Pct Clerk for uniform Crime Victim Reports, b. Det Clerk for DD Crime Victims Reports

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    5. Reviews the Crime Victim Report and PDCN Form 288 and ensures that they are complete and accurate. 6. Endorses PDCN Form 288 to authorize the release of the Crime Victim Report.

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    the non-accidental use of force that results in bodily injury, pain, or impairment.

    physical abuse

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    : non-consensual sexual contact of any kind.

    Sexual abuse

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    the willful infliction of mental anguish.

    Emotional abuse

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    : the refusal or failure to fulfill a care- giving obligation. The neglect may be a. active: a willful refusal or failure, or b. passive: a failure due to inadequate care-giver knowledge or infirmity of the care-giver. 5. Neglect (by self): the adult’s inability, due to physical and/or mental impairments, to perform tasks essential to caring for oneself. Note: Essential tasks include the following: 1. providing essential food, clothing, shelter and medical care, 2. obtaining goods and services necessary to maintain physical health, mental health, emotional well-being, and general safety, 3. managing financial affairs.

    Neglect (by others)

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    : the illegal or improper use and/or exploitation of funds, property, or other resources.

    Financial exploitation

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    a state mandated program, administered within the Nassau County Department of Social Services, which provides services to victims of adult abuse. Services may include the following: 1. arranging for medical or mental health assessments, 2. locating emergency housing, 3. referring victims, offenders, and family to community services such as counseling, 4. pursuing legal interventions such as orders of protection or assignments of guardianship.

    Adult Protective Services (APS):

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    1. Receives information or a telephone call reporting adult abuse. 2. Ascertains the following information: a. type of adult abuse, b. caller information, c. relationship between victim and abuser. 3. Determines if police response is needed. 4. If police response is needed, gathers additional information for response and notifies the radio dispatcher. 5. Receives information and assigns patrol units and ambulance, if needed, to scene. 6. If police response is not needed, provides the caller with information about APS, including the contact telephone number. [See Appendix I]

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    Referrals to APS 1. Responds to a report of adult abuse or comes in contact with a person who may be a victim or suspect of adult abuse. 2. Interviews the possible victim, looking for the indicators of adult abuse. [See Attachment A] 3. Interviews the possible suspect looking for the indicators of adult abuse. [See Attachment A] 4. Determines if the person is a victim of adult abuse. 5. If there is no adult abuse, [End of procedure]. 6. If there is adult abuse, determines if an immediate notification to APS is necessary. Note: An immediate notification to APS is necessary if all of the following conditions apply to the abuse victim: 1. he is at risk of harm, 2. he is unable to protect himself, 3. he has no one willing or able to responsibly assist him. 7. Notifies the Desk Officer when, a. an immediate notification to APS is necessary, or b. APS is needed to assist in an investigation of adult abuse, or c. information or advice is needed in questionable situations.

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    8. Contacts APS [See Appendix I] and provides the following information: a. name of victim, b. address and telephone number of victim, c. current location of victim, d. services needed by the victim, e. if situation is life threatening, f. name and shield number of officer at scene, g. name of police contact person. Note: The contact person would be the Desk Officer for a uniform case report and a Detective Squad Supervisor for a detective case report. Inquires from APS if the case will be accepted or rejected. APS has 24 hours to decide whether to accept a case, therefore a decision may not be made immediately. 10. Advises the reporting officer concerning APS.

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    11. If it is known that APS will accept the case, advises the victim. Note: After acceptance of a case, an APS caseworker will visit the victim within 3 working days of the date of referral, or within 24 hours if it is a life threatening situation. 12. If an immediate notification to APS is not necessary, a. advises the victim on his rights, b. asks if the victim wants APS notified by the police, c. advises the victim how to contact APS and what services APS provides. 13. Notifies the Desk Officer for notification to APS when a. the victim wants APS notified, or b. any time a notification to APS appears appropriate or warranted. C. Requests to Assist APS 1. Receives a request from APS for police assistance. Note: APS will contact the Department for assistance in the following matters: 1. implementing court orders, such as: a. access order, b. short term involuntary protective services order, c. order of protection, 2. requesting assistance to protect: a. the victim, b. the caseworker, 3. reporting suspicion of a crime and requesting that a police investigation be commenced. Desk Officer 2. Notifies the Desk Officer of the precinct of occurrence of the APS request.

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    4. Responds and assists APS. 5. Takes appropriate police action at the scene. D. Reports 1. Prepares a case report for the following: a. possible adult abuse, b. referrals to APS, c. assistance provided to APS. Note: Case reports involving adult abuse will be reported using the preliminary classification of the underlying crime. When an underlying crime can not be determined, the case report will be reported using the preliminary classification of adult abuse.

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  • 41

    2. Reviews and classifies the case report. 3. Includes in the case report the following information: a. when the notification to APS was made, b. the name of the person notified, c. whether APS advised if the case is accepted or rejected. 4. Assigns the case report to the Detective Division when a follow-up investigation is necessary.

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  • 42

    7. When receiving a notification from APS advising the acceptance or rejection of the case, does one of the following: a. updates a uniform case report with the information received, or b. notifies the detective squad of the APS notification if the case report was assigned to the squad. Note: APS is required to notify the referral source, either orally or in writing, of the eligibility or ineligibility of the victim for APS assistance within 15 calendar days of the completion of the APS assessment.

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    : a Nassau County resident, sixty (60) years of age or older.

    Senior citizen

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    programs coordinated by the Nassau County Department of Senior Citizen Affairs aimed at assisting senior citizens whose quality of life or personal safety has diminished. The programs assist senior citizens with a variety of services including the following: 1. counseling and referrals, 2. health screenings, 3. educational workshops, 4. tax preparation assistance, 5. legal and financial services, 6. housing information, 7. care giver support groups, 8. women living alone group, 9. nutrition education and meal programs, 10. health and in-home services, 11. home energy assistance, 12. weatherizationservices, 13. volunteer opportunities, 14. employment opportunities, 15. grandparents’ support groups, 16. bereavement groups, 17. transportation

    Senior Citizen Affairs Program

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    1. Comes in contact with a senior citizen [See Definition] experiencing a problem which has diminished their quality of life or personal safety. 2. Determines if the senior citizen: a. b. SIGNATURE is a victim of adult abuse, [See Glossary] may benefit from Senior Citizen Affairs Programs. [See Definition] 3. If the senior citizen is a victim of adult abuse, initiates the Adult Abuse Procedure. [See OPS 4226] 4. If the senior citizen may benefit from Senior Citizen Affairs Programs, prepares PDCN Form 421, Senior Citizen Affairs Referral. 5. Provides the senior citizen with information about the Department of Senior Citizen Affairs. [See Appendix I] 6. Telephones the Department of Senior Citizen Affairs and provides information regarding the senior citizen. Note: Members contacting the Department of Senior Citizen Affairs after hours should leave a detailed message providing relevant information. 7. Forwards PDCN Form 421 to the Desk Personnel.

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  • 46

    : a shelter that is designated as such by the Department of Social Services (DSS).

    Designated Sheltered Location

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    : severe weather conditions such as: a) the air and wind chill temperatures, as calculated by the National Weather Service, are at or below 32 degrees Fahrenheit, b) excessive heat, hurricanes, tornados, etc.

    Inclement Weather

  • 48

    : a judgment which implies that the aided person is oriented to person, place, and time and shows no significant mental impairment attributable to alcohol, drugs, or other recognizable organic factors or mental illness.

    Mentally competent

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    : any person who appears to be mentally ill and is conducting himself in a manner which is likely to result in serious harm to the person or others. (NYS Mental Hygiene Law § 9.41)

    Mentally incompetent

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    Encountering a Homeless Person Note: Officer safety remains paramount. In all of the following instances, if a member has reason to believe that a homeless person possesses a weapon either on his person or in his property, the member should conduct a pat-down search of that person and/or a cursory search of that person’s property. 1. Encounters or becomes aware of a homeless person. 2. Offers to assist the homeless person by: a. encouraging him to voluntarily accept shelter, and b. explaining that his personal property may be taken in quantities that are reasonable and deemed necessary. Note: Coats, blankets, sleeping bags, etc., which the individual is able to carry to a sheltered location are permitted. B. Medical Assistance 1. If the homeless person appears to be in need of medical assistance initiates the Aided Cases procedure, [Go to OPS 1110] 2. Prepares an Aided Case Report, documenting any assistance rendered. [End of Procedure] Psychological Assistance Police Officer Police Officer 1. If the homeless person appears to be mentally incompetent, initiates the Mentally Disabled Persons procedure. [See OPS 1155] 2. Prepares an Aided Case Report, documenting any assistance rendered. D. Voluntary Shelter Assistance 1. If the homeless person accepts the offer of shelter assistance, a. contacts the Department of Social Services (DSS) [See Appendix I] at: (1) 516-227-7407from0900-1645hours,Monday through Friday, and asks to speak with the Homeless Department, or (2) 516-573-8626afterhours, b. obtains instructions from DSS personnel, c. assists in the transfer of the homeless person directly to the designated sheltered location [See Definition], as directed by DSS. 2. Prepares an Aided Case Report, documenting any assistance rendered. E. Veterans 1. If the homeless person is a veteran, may alternatively contact United Veterans Beacon House [See Appendix N] at: a. 631-665-1571 from 0900 to 1700, Monday through Friday, or b. 631-455-3569 or 631-774-6445 after hours. Note: If the homeless veteran appears to be intoxicated or under the influence of drugs, members should first contact DSS. 2. Prepares an Aided Case Report, documenting any assistance rendered. F. Refusal of Shelter Assistance/Mentally Competent 1. If the homeless person refuses voluntary assistance and appears mentally competent [See Definition] refers him to: a. the Department of Social Services or United Veterans Beacon House [See contact numbers above], and b. warming centers and food pantries. Note: Locations of warming centers and food pantries are listed on the Department’s Real Time Intelligence site. Follow the links: Intel Bulletins/NCPD Intel Bulletins/2016 Bulletins/ and scroll down. 2. Prepares a field interview to include the following: a. the homeless person’s voluntarily obtained pedigree information, b. any referrals given to the homeless person, c. the homeless person’s refusal of assistance. G. Refusal of Shelter Assistance/Mentally Incompetent Police Officer Desk Officer Asset Forfeiture Unit Personnel 1. If the homeless person appears to be mentally incompetent [See Definition] initiates the Mentally Disabled Procedure. [See OPS 1155] 2. Prepares a field interview to include the following: a. the homeless person’s voluntarily obtained pedigree information, b. any referrals given to the homeless person, c. the homeless person’s refusal of assistance. H. Monitors Encounters with Homeless Persons

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    1. Monitors aided case reports and field interviews for encounters with homeless persons. 2. Transmits (FYI) all homeless encounter reports to Asset Forfeiture Unit.

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    : a person’s outward representation of gender as expressed in various ways including, but not limited to, one’s name, choice of personalpronouns,andany otherexternal characteristics and behaviors that are socially viewed as masculine, feminine, or androgynous.

    Gender Expression

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    : a person’s internal, deeply-held sense of one’s gender which may be the same or different from one’s genderassigned at birth.

    Gender Identity

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    : adocumentissuedbyanauthorized government agency with personal information specific to an individual such as a driver’s license, passport, or a state identification card.

    Government Identification

  • 55

    : refers to any person whose gender expression [See Definition] or gender identity [See Definition] is not exclusively male or female.

    Non-Binary Person

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    : refers to any person whose gender expression [See Definition] or gender identity [See Definition] differs from that person’sgenderassignedatbirth.

    Transgender Person

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    Encounters with Transgender or Non-Binary Persons 1. Encounters a person believed to be a transgender person [See Definition] or a non-binary person [See Definition]. Members of the Department will be respectful in their contact with Superior Officers and all other persons within and without the Police Department. [See ART 5, Rule 6]. Members will not inquire as to a person’s gender status during police encounters unless directly relevant. Stops and Questions 1. If an officer has reasonable suspicion that a person possesses a weapon and the officer is concerned for his/her safety, conducts a search. Note: A search for a weapon may be conducted by either a male or female officer, regardless of the subject’s anatomical s e x. Arrest of Transgender or Non-Binary Persons 1. Initiates the Arrest Processing procedure [See OPS 2115] if an arrest is warranted. 2. Conducts a search incident to arrest [See ART 17, Rule 6]. Note: Asearchincidenttoarrestmaybeconductedbyeithera male or female officer, regardless of the subject’s anatomical sex. 3. Transports arrestee to arrest processing location. Search and Detention of Transgender or Non-Binary Persons at Arrest Processing Location 1. Obtains government identification [See Definition] from the arrestee, if available. Note: Note: An arrestee’s gender will be classified on all arrest processing paperwork as it appears on the individual’s government identification. If the arrestee does not have government identification, officers should consider the arrestee’s gender to be the same as their gender expression. [See Definition]. If the arrestee expresses a gender identity [See Definition] that differs from the gender indicated on the government identification, note that gender identity in the arrest paperwork. 2. If the arrestee states a preferred name and/or pronouns, addresses the arrestee as such. The arrestee’s preferred name will be noted in the “aka” field of the arrest paperwork. 3. Informs arrestee that it is the policy of the Department to conductsame-sexsearches,asperthegenderindicated onthe government identification, unless the arrestee requests otherwise. Note: A search to solely determine gender is prohibited.

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    4. Considers arrestee’s government identification, if available. 5. Provides for second officer to assist/witness search. 6. If the arrestee requests an officer of a specific gender to conduct the search, assigns a Member of the Force of the requestedgender,if available. Note: The Department will make every reasonable effort to accommodate the arrestee’s request.

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    Notes the following in the notes section of PDCN Form 79, Physical Condition of Defendant Questionnaire: a. the arrestee’s gender, as per government identification, b. the arrestee’s gender identity, if stated, c. the gender(s) of officers conducting the search, d. any accommodations made, or not made, and reasons therefore. Directs the arresting officer to secure the arrestee in a separate, secure holding location, if necessary, considering the privacy of all arrestees. Ifnototherwisenecessary,directsthearrestingofficerto secure the arrestee with other arrestees based on their gender identity.

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  • 60

    : a temporary or permanent judicial directive that can prohibit or mandate specific conduct by the person named in the order of protection. The following courts may issue an order of protection

    Order of protection

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    : Criminal Court may issue an order of protection to the victims of Family Offenses; it may also issue orders of protection to victims of other offenses after the filing of an accusatory instrument. The duration of this order of protection is fixed by the court. Criminal Court has the authority to issue a Family Court order of protection when Family Court is not in session.

    Criminal Court

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    : Family Court may issue orders of protection to persons subject to the jurisdiction of Family Court. This order of protection can prohibit conduct which may not be a violation of law. There is no requirement that any Family Court action be started other than the filing of a Family Court petition. This order of protection may be issued to any party of a domestic dispute.

    Family Court

  • 63

    : has jurisdiction over criminal, family court and matrimonial matters on selected cases where domestic violence is involved.

    Integrated Domestic Violence Court

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    : Title 18 §2265 of the United States Code requires that an order of protection that is issued by the court of one state be given "full faith and credit" by the court of another state. Any order of protection issued by the court of another state will be enforced as if it were an order of protection of a New York State (NYS) Court.

    Out of state courts

  • 65

    : Supreme Court may issue an order of protection in connection with an action for divorce, separation, or annulment that is already before the court. Note: An order of protection is enforceable statewide regardless of what court issued the order

    Supreme Court

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    : the Supreme Court may issue an order to an individual to allow him to retrieve personal property from a marital residence. These orders are generally issued after one of the parties has left the marital residence, but before a final divorce has been attained with a division of property decree.

    Supreme Court order to remove property

  • 67

    : an order of protection that directs the person named in the order of protection to immediately leave and stay away from the stated place of residence.

    Vacate premises order of protection

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    A. Enforcing Orders of Protection 1. Evaluates the situation and reads the order of protection [See Definition] if available. Note: There is no requirement that the complainant be able to present a copy of the order of protection to the police. 2. Leaves the order of protection with the complainant, if it is the only copy. 3. Initiates the Domestic Incident Procedure [See OPS 6310], if the involved persons are in a domestic relationship.[See Glossary] 4. Effects a summary arrest [See OPS 2115] of the offender, when there is reasonable cause to believe [See Glossary] any of the following took place: a. a crime was committed, b. a petty offense was committed in the Police Officer's presence. 5. If the order of protection is a vacate premises order of protection [See Definition], [Go to Section B]. 6. If the order is a Supreme Court order to remove property [See Definition], [Go to Section C]. 7. Contacts precinct desk personnel to verify the validity and termination date of an Family Court Order of Protection if the complainant cannot produce a copy of the order of protection or the order of protection appears to have been altered or mutilated as follows: a. if issued within NYS thru NYSPIN, b. if issued outside of NYS contact the issuing jurisdiction. 8. Contacts Records Bureau Warrant Section for all other Orders of Protection or to obtain further information on a Family Court order of protection. 9. If the validity of any order of protection cannot be verified, affects a summary arrest and notifies the Desk Officer if: a. there is reasonable cause to believe the terms of an order of protection have been violated, b. all attempts have been made to verify the validity. Note: An arrest will be made when a Police Officer has reasonable cause to believe that the terms of an order of protection have been violated. A credible description by a victim of the manner in which the order of protection was violated, without facts to the contrary, is sufficient to establish reasonable cause to make an arrest. The safety of the victim is foremost and paramount and therefore arrests will be made when reasonable cause to believe that the terms of an order of protection have been violated. 11. If the validity of the order of protection can be verified, determines if the order of protection was violated. Note: There is no requirement that the prohibited behavior occur in the Officer's presence. A lawful arrest may be founded upon information other than the Officer's first hand observations. 12. If the order of protection was not violated, ensures the offender is aware of the order of protection. [Go to step A.16] 13. If the order of protection was violated, determines if the offender is aware of the order of protection and its contents. Desk Officer Police Officer Note: This determination can be based on the following: 1. by contacting Records Bureau to ascertain the following: a. when an order of protection has been served, b. when an offender has previously been made aware of an order of protection by a Member of the Force. 2. the offender admits knowledge of the order of protection and its contents, 3. the Police Officer receives other independent evidence to corroborate the victim's allegation of the offender's knowledge 14. If the offender is aware of the order of protection and its contents: a. charges him with the appropriate degree of criminal contempt returnable to First District Court, b. effects a summary arrest. [See OPS 2115]. Note: An arrest will be made when a Police Officer has reasonable cause to believe that the terms of an order of protection have been violated. The arrest is made even if the victim is unwilling to proceed further in court. A credible description by a victim of the manner in which the order of protection was violated, without facts to the contrary, is sufficient to establish reasonable cause to make an arrest. 15. If the offender is not aware of the order of protection and its contents, a. shows the order of protection, if available, to the offender or advises the offender of the order of protection's contents, b. advises the offender he is now subject to the terms of the order of protection and will be arrested for any further violations, c. notifies Records Bureau that the offender is now aware of the order of protection and its contents, d. notes in the narrative section of the case report that the offender was notified of the order of protection and its contents. 16. Charges the offender with additional offenses, if he has committed any other offense including a chargeable underlying offense. [End of Procedure]

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    19. Refers the incident to the Detective Division in the following situations: a. the validity of an order of protection could not be verified, b. an arrest is made requiring detective assistance, c. any other situation requiring follow-up investigation.

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    Enforcing Vacate Premises Orders of Protection Note: A person who is issued a vacate premises order of protection is directed by the issuing court to respond to the appropriate station house and present the order of protection to the Desk Officer. 1. Receives a request from an individual to assist in enforcing a vacate premises order of protection and notifies either the Desk Officer or a Patrol Supervisor.

    Enforcing Vacate Premises Orders of Protection Note: A person who is issued a vacate premises order of protection is directed by the issuing court to respond to the appropriate station house and present the order of protection to the Desk Officer. 1. Receives a request from an individual to assist in enforcing a vacate premises order of protection and notifies either the Desk Officer or a Patrol Supervisor.

  • 71

    2. Reads the order of protection. 3. If the order of protection appears valid, assigns Police Officers to execute the order of protection. 4. If the order of protection is not valid, refers the complainant back to the court of issuance.[End of Procedure]

    supervisor

  • 72

    5. Responds to the premises with the complainant. 6. Determines if the person named in the order of protection is present. 7. If the person named in the order of protection is not present, advises the complainant to call 911 when that person returns. 8. If the person named in the order of protection is present, advises the person named in the order of protection to leave the premises immediately. 5. Responds to the premises with the complainant. 6. Determines if the person named in the order of protection is present. 7. If the person named in the order of protection is not present, advises the complainant to call 911 when that person returns. 8. If the person named in the order of protection is present, advises the person named in the order of protection to leave the premises immediately.

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    2. Reads the order to ensure it is not expired and to verify the hours of execution. Note: Note: These orders will be valid for a maximum of 5 days. Records Bureau should not be contacted to verify the validity of the order. The hours of execution are generally between 0900 and 2100. A Supreme Court order of protection must be read carefully to ascertain the required action to be taken for a violation of the order of protection. 3. If the order has expired, refers the individual back to the issuing court. 4. If it is currently not within the hours of execution, advises the individual to return at the appropriate time. 5. If the order is not expired and it is currently within the hours of execution, assigns Police Officers to execute the order.

    supervisor

  • 74

    6. Reads the order to verify what property is to be removed. 7. Responds to the premises with the individual. 8. Advises anyone present of the existence of the order and what property will be removed. 9. If there is a problem identifying what property may be removed, a. ensures those items are left at the premises, b. refers the matter back to the issuing court. 10. Effects a summary arrest [See OPS 2115] for failure to turn over property identified in the order when both of the following conditions are met: a. there is no problem identifying the property that is to be removed, b. it is specifically stated within the order that an arrest is to be made for failure to turn over property identified in the order. 11. Remains at the scene while the person named in the order removes any property identified in the order. D. Obtaining Emergency Temporary Family Court Orders of Protection 1. Ensures that all of the following requirements for an emergency temporary Family Court order of protection are met: a. an arrest cannot be made because an offense has not been committed or the offender cannot be located, b. the issuance of the order of protection may prevent the possible occurrence of domestic violence, c. the complainant requests the issuance of the order of protection, d. Family Court is not in session 2. Notifies the Desk Officer. 3. Completes and forwards the following paperwork to the Desk Officer: a. case report, b. PDCN Form 32B, Supporting Deposition, c. DCJS Form 3221, New York State Domestic Incident Report.

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  • 75

    4. Reviews the forms. 5. Contacts the CB Supervisor for the telephone number of the Family Court Judge who is on call. 6. Calls the judge and follows his instructions. Note: The judge will advise the Desk Officer as to the location at which he will review the paperwork and other information related to the incident.

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  • 76

    7. Delivers the forms and any other information to the judge so that he can make a determination in regard to the issuance of a temporary Family Court order of protection. 8. If the judge does not issue a temporary Family Court order of protection, advises the complainant the order of protection will not be issued. 9. If the judge does issue a temporary Family Court order of protection, delivers the order of protection to the complainant, and a. notifies RB that an order of protection was issued, b. forwards a copy of the order of protection to RB. 10. Notifies the Desk Officer of the judge’s determination regarding the order of protection.

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    : a situation in which each party involved in a domestic incident accuses the other party of causing the domestic incident and/or committing an offense.

    Cross complaints

  • 78

    : an exchange of property or a custodial exchange of a child in common between individuals within a family or household [See Definition] in the presence of a Police Officer.

    Domestic exchange

  • 79

    : consist of the following offenses which are committed between members of the same family/household: 1. Criminal Mischief 1 ̊, 2 ̊, 3 ̊, and 4 ̊, 2. Harassment 1 ̊ and 2 ̊, 3. Aggravated Harassment 2 ̊, 4. Disorderly Conduct (including disorderly conduct that does not occur in a public place), 5. Assault 2 ̊ and 3 ̊, 6. Attempted Assault 1 ̊, 2 ̊, and 3 ̊, 7. Reckless Endangerment 1 ̊ and 2 ̊, 8. Menacing 2 ̊ and 3 ̊, 9. Stalking 1 ̊, 2 ̊, 3 ̊, and 4 ̊, 10. Strangulation 1 ̊, 2 ̊, and Criminal obstruction of breathing or blood circulation, 11. Sexual Misconduct, 12. Forcible Touching, 13. Sexual Abuse 3 ̊, 14. Sexual Abuse 2 ̊ sub 1, 15. Coercion 3 ̊ sub 1, 2, 3, 16. Coercion 2 ̊, 17. Grand Larceny 3 ̊and 4 ̊, 18. Identity Theft 1 ̊, 2 ̊ and 3 ̊, 19. Unlawful Dissemination or Publication of an Intimate Image Note: Note: Even though there is concurrent jurisdiction with Family Court for Criminal Mischief, the alleged acts must meet the elements of the offense of Criminal Mischief as per the Penal Law. Domestic incidents may involve offenses other than those listed above. Such other offenses are not family offenses under the law and may not be prosecuted in the Family Court. The Criminal Court has exclusive jurisdiction over these types of offenses. (Examples: Assault 1 ̊, Rape, Kidnapping, Unlawful Imprisonment, Attempted Murder).

    Family offenses

  • 80

    : the person who initiates or instigates a physical confrontation. This is not necessarily the first person to use physical force. The primary physical aggressor may initiate the physical confrontation by using unprovoked physical force or instigate it by threatening the other person and placing that person in fear of physical injury. In either case the other person’s use of physical force is of a defensive nature.

    Primary physical aggressor

  • 81

    a non-profit organization that offers confidential and cost-free services to victims of child abuse, domestic and dating violence, rape and sexual assault, and human trafficking.

    The Safe Center

  • 82

    : occurs where the actor communicates a serious expression of intent to commit an unlawful act of violence toward a particular individual.

    True threat

  • 83

    patterns of abuse used by the offender in a domestic incident against the victim that may involve berating behavior, physical/verbal threats, or damage to jointly held property. These patterns have as their purpose the abuse or coercive control of the victim. Note: Harassment 2 ̊ often includes conduct which constitutes coercive or controlling behavior which makes it illegal for a person to engage in a course of conduct or repeatedly commit acts which alarm or seriously annoy another person and which serve no legitimate purpose. In addition, acts which instill fear of physical injury may constitute Harassment 1 ̊ or Menacing 1 ̊, 2 ̊, or 3 ̊.

    Unlawful coercive/controlling behavior:

  • 84

    A. Receipt of Complaint 1. Gathers all information from person(s) present at stationhouse or received via telephone to initiate police response, and a. enters the call into the Computer Aided Dispatch (CAD) System, I-Netviewer, if available, or b. notifies 911. 2. Dispatches domestic incident [See Definition] calls with the same priority as other emergency calls. 3. Assigns Police Officers to respond as follows: a. 2 RMPs to a domestic incident, b. 2 RMPs to a domestic exchange [See Definition], c. 1 RMP to station house for domestic exchange and notifies Desk Officer. 4. Refrains from canceling police response for any reason. 5. Responds and assesses the situation. 6. Determines if incident is a domestic exchange or domestic incident. Note: When a Member of the Force responds to or investigates a possible domestic incident or exchange and it is determined that the incident is neither a domestic incident nor exchange, the Desk Officer will be consulted for review of the member’s disposition. 7. If domestic exchange [Go to Section B]. 8. If domestic incident [Go to Section C]. B. Response to Domestic Exchange Police Officer 1. If a. b. Note: c. d. e. Note: assigned to a domestic exchange without incident: ascertains parties’ names and addresses, conducts database checks, as needed, of involved parties to obtain information regarding: (1) Orders of Protection, (2) Wants and Warrants, (3) Probation and Parole, (4) Pistol License, (5) Driver’s License status, when applicable, If any of the above listed checks are positive, [See Section C] for appropriate actions to be taken. assists in the exchange, makes a domestic exchange (DOMX) CAD entry or domestic exchange station house (DOMXS) CAD entry if the incident was not assigned by Communications Bureau (CB), enters disposition into CAD using the EXCH disposition code, including Order of Protection information in the remarks section. Vacate premise Orders of Protection may involve the exchange of property. These orders require the preparation of a case report. 2. If a domestic incident, proceeds with domestic incident response [See Section C]. assigned to a domestic C. Response to Domestic Incident Note: Report(s) of Domestic Incidents or Violence that occurred anywhere in New York State can and will be taken anywhere in Nassau County. 1. Identifies and separates all victims, witnesses, and potential offenders. 2. Takes control of all weapons that were used or threatened to be used and all potential weapons that pose a threat. 3. Renders aid [See OPS 1110] if necessary. Note: Special attention should be given to identify those who may not be directly involved in the domestic incident but may be victims of abuse or neglect, such as abused or neglected children, senior citizens, or disabled people. 4. Determines if anyone at the scene called the police. Note: The recording of the person who called the Police Department may be important to the investigation of the incident. 5. Conducts a complete and thorough preliminary investigation of the domestic incident. 6. Interviews those involved and any witnesses. Note: Children are often good witnesses and the source of valuable information. However, in high stress situations, minor children should not be asked or relied on to act as interpreters for Limited English Proficient (LEP) persons. [See OPS 3132] 7. Confers with the other officers at the scene and evaluates the available information to confirm a domestic incident occurred. 8. If a domestic incident did not occur, an arrest was not made, or a domestic incident case report was not taken, a. notifies CB of the nature of the incident, b. notifies the Desk Officer and requests permission to change call type, c. takes any necessary police action. [End of Procedure] 9. If a domestic incident did occur, conducts database checks of involved parties to obtain information regarding: Note: (1) Orders of Protection, (2) Wants and Warrants, (3) Pistol License, (4) Probation and Parole, (5) Driver’s License status, when applicable. NYS probation information may not be available in EJustice unless there is an associated warrant. 10. If an Order of Protection is involved, initiates the Orders of Protection and Court Orders Procedure [See OPS 5150] 11. If an Order of Protection was violated, [See Section D, Arrest Situations]. 12. If a check for Wants is positive, contacts agency or command seeking the subject and takes appropriate action. 13. If a Warrant check is positive, [See Section D, Arrest Situations]. 14. Initiates the Removal and Disposition of Weapons – Domestic Incidents Procedure [See OPS 10023] in the following situations: a. a police officer who responds to a report of a family offense may take temporary custody of any firearm, rifle, shotgun, electronic dart gun, electronic stun gun, disguised gun, imitation weapon, antique firearm, black powder rifle, black powder shotgun, or muzzle-loading firearm in plain sight or discovered pursuant to a consensual or other lawful search, b. there is a firearm, rifle, shotgun or any other weapon listed in step a. above, in the possession of any person arrested for the commission of a family offense or suspected of its commission, c. the continued presence of a firearm, rifle, shotgun, or any other weapon listed in paragraph a. poses a threat to the safety of an involved party, the safety of another person, or the safety of the public, or d. a license pistol holder is involved in the incident. 15. If a. prepares PDCN Form 162, Pistol License Incident Report, and b. immediately forwards PDCN Form 162 to Pistol License Section, and c. provides the Case Intake Operator with, or enters into records management system (RMS) narrative section, the pistol license information. a pistol license holder is involved: 16. If 18 years or older are on probation or parole: any of the adult parties involved in the domestic incident age a. ascertains the jurisdiction, b. provides the Case Intake Operator with, or enters into RMS narrative section, the probation / parole information. 17. If the domestic incident involves a cross complaint, [See Section E, Cross Complaints]. 18. Determines if there is a violation of law involving a child visitation dispute. Note: Child visitation disputes should be carefully investigated. These situations may constitute Custodial Interference and will require further action. 19. If there is a violation of law involving a child visitation dispute, [See Section D, Arrest Situations]. 20. If there is no violation of law involving a child visitation dispute, refers the dispute back to the originating court. 21. If the domestic incident involves the suspected abuse, maltreatment, or neglect of children, [See Section F, Domestic Incidents Involving Children]. 22. If the domestic incident involves law enforcement personnel, [See OPS 6313]. 23. Determines if the domestic incident involves any other arrest situations. Note: Note: Note: Arrests should not be made for larceny of property if the alleged offenders have equitable interests in the property. Consider if other charges, such as harassment or menacing, are appropriate. In an incident during which an offender prevents a victim from communicating a request for emergency assistance by taking a phone or other such equipment away from victim, or otherwise disables or removes such equipment, an arrest will be made for Criminal Mischief 4 ̊. Offender cannot claim their ownership interest in the equipment as a defense. In an incident during which an offender damages property in which the offender and victim both have ownership interest, an arrest will be made for Criminal Mischief. 24. If the domestic incident involves an arrest situation, [See Section D, Arrest Situations]. 25. Refers cases to the Detective Division that involve Aggravated Harassment 2 ̊ sub 1, where the subject intentionally harasses, annoys or alarms the victim, and no arrest was made. Note: When a true threat [See Definition] is involved, an arrest will be made. 26. Determines if Crime Scene Search Section (CSSS) is needed to document the domestic incident. 27. If CSSS is needed to document the domestic incident, initiates the Crime Scene Duties Procedure. [See OPS 8115] 28. If CSSS is not needed, but photographic evidence would enhance case preparation: a. uses RMP cell phone to obtain photos, and b. attaches photos to case report, or c. forwards photos to Detective Division to be attached to case report. 29. Prepares Division of Criminal Justice Services (DCJS) Form 3221, New York State Domestic Incident Report, and a. explains rights and, if applicable, the court options to the complainant/victim [See OPS 2131], b. provides the complainant/victim with one copy of DCJS Form 3221, c. reads the Notice of Victim’s Rights to the complainant/victim, if necessary. 30. Calls in, or enters into (RMS), the domestic incident information according to the Case Reports Procedure. [See OPS 8110] Note: Contrary to routine case reporting practice, domestic incident information should not be called in, or entered into RMS, from the scene of a domestic incident if doing so would be insensitive, offensive to those present at the scene, or counterproductive to the settlement of the incident. However, a preliminary case report may be generated from scene. 31. Includes the following situations in the narrative section of the report, if applicable: a. a non-arrest, in an incident involving reasonable cause to make an arrest, with an explanation of the actions taken, b. both parties were uncooperative with police or denied that a domestic incident occurred, c. the name of the Desk Officer or Patrol Supervisor notified of the above situations, d. a child is exposed to either of the following: (1) use or threatened use of unlawful physical force, (2) a situation that clearly endangers the physical, mental, or emotional well-being of the child, e. pistol license information, f. probation or parole information ascertained from the victim, subject and EJustice, g. case intake operator notified of the pistol license / probation / parole information. Note: DCJS Form 3221 and a case report will also be completed in the following situations: 1. application for emergency Family Court arrest warrants, 2. application for emergency temporary Orders of Protection, 3. enforcement of vacate premises Orders of Protection, 4. enforcement of Supreme Court orders, 5. child abuse cases involving household members, 6. child visitation disputes. 32. Advises the victim of the availability of shelters and other victim services in the community offered by The Safe Center. [See Definition] [See Appendix I] 33. Assists the victim in obtaining shelter and/or transportation to a safe location, if necessary.

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  • 85

    38. Promptly reviews domestic incident case reports to ensure that they are complete and accurate. 39. Assigns the case to the precinct squad detective in the following situations: a. an offender will be arrested but cannot be located, b. an offender has been arrested and the charge(s) require Detective assistance, c. Aggravated Harassment 2 ̊ sub 1 PL § 240.30 is the crime and there was no arrest made, d. the incident occurred in another jurisdiction but was reported in the command. 40. Reviews DCJS Form 3221 and forwards to the precinct clerk.

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  • 86

    D. Arrest Situations Police Officer 1. Effects a summary arrest of any offender, when there is reasonable cause to believe [See Glossary] any of the following took place [See Attachment A]: a. a crime was committed, b. a petty offense was committed in the Police Officer’s presence, c. the terms of an Order of Protection have been violated. [See OPS 5150] Note: CPL §140.10(4) and Department policy prohibit members from inquiring as to whether the victim seeks an arrest of an offender in any of the above listed situations. 2. Effects arrest of any person(s) with a warrant if: a. the warrant is active and has been confirmed with originating agency, and b. originating agency requests an arrest. 3. In cases regarding Penal Law Article 121, Strangulation and Related Offenses, [See Attachment A] arrests the subject when there is probable cause to believe that: a. the subject applied or threatened to apply pressure, manually or by foreign object, to the victim’s throat or neck, or b. the subject obstructed or threatened to obstruct a victim’s airway. Note: Probable cause can be supported by the presence of choking and strangulation indicators. [See Definition] Note: This does not preclude members from charging additional or more serious offenses, such as assault and aggravated criminal contempt, when appropriate. 4. Prepares page two of the current DCJS Form 3221, for all domestic incidents. Note: Note: Note: Note: Supporting Deposition section on page two of DCJS Form 3221 will be completed in all non-arrest cases. If it is determined an arrest will be made, a PDCN Form 32B will be prepared instead of Supporting Deposition on page two of DCJS 3221. The victim will always sign/date the Supporting Deposition section on page two of the DCJS Form 3221, even when a separate PDCN Form 32B has been prepared. The deposition of the victim and/or witnesses need only include a description of the specific unlawful behavior. Although recommended when possible, there is no requirement that PDCN Form 32B include a request for arrest. The date of birth for all persons referred to on PDCN Form 32B will be recorded immediately after their names. 5. If a summary arrest cannot be made due to lack of reasonable cause, [Go to step D.10]. 6. If the offender is not at scene, conducts a preliminary investigation aimed at locating and arresting the offender. This investigation should include the following: a. interviewing the victim and witnesses, b. searching the immediate area, c. responding to a known location of the offender. 7. If the offender is located, effects a summary arrest. [See OPS 2115] 8. Informs the victim and the offender of the following, if an arrest has been made: a. the criminal action is being initiated by the State and not by the victim, b. the victim will likely be contacted by a domestic violence agency related to the current police intervention. 9. If the offender is not located, notifies the Desk Officer for referral to the Detective Division. 10. Determines if the victim elects to make a civilian arrest, if applicable. Note: This determination should be made out of the presence of the offender. The civilian arrest will only be utilized in those situations where Police Officers cannot effect a summary arrest. 11. If the victim does elect to make a civilian arrest, [See Attachment A] E. Cross Complaints 1. Evaluates each complaint separately to identify the offending party. 2. If mutual physical force was used, evaluates the following to identify the primary physical aggressor [See Definition]: a. comparative nature of the parties’ injuries, b. any serious threats creating a fear of physical injury, c. knowledge of a prior history of violence between the involved parties, d. whether any party acted defensively to protect him or herself from injury. Police Officer Note: Note: A decision to arrest the primary physical aggressor does not prohibit the arrest of the other party at a later time. It also does not prevent the arrest of both parties when there is reasonable cause to believe a crime was committed or a petty offense was committed in the presence of the Police Officer. An arrest will not be made for acts which Police Officers have reasonable cause to believe were committed in self defense as per PL Article 35.00. the cross complaints [See Definition] involve an arrest 3. If situation, [See Section D, Arrest Situations]. F. Domestic Incidents Involving Children Police Officer 1. Initiates the Child Abuse/Neglect & Emergency Removal Procedure, [See OPS 9025], and notifies Nassau County Child Protective Services (CPS) via phone [See Appendix I] if: a. the child is exposed to: (1) the use or threatened use of unlawful physical force, (2) a situation that clearly endangers the physical, mental, or emotional well-being of the child, or b. there is reasonable cause to believe either of the following occurred: (1) a child has been abused or maltreated, or (2) a child has been abused or maltreated where the parent, guardian, or other person legally responsible for such child states, from personal knowledge, facts, conditions, or circumstances which, if correct, would render the child an abused or maltreated child. Note: New York State Social Services Law mandates referral in these situations by certain first responders. Department personnel who fall under this mandate include Police Officers and Police Medics. Note: Endangering the Welfare of a Child may be charged when abuse of the victim occurs in front of the child, the child need not be the direct recipient of abuse. 2. Notifies the Desk Officer. 3. If there is an arrest situation, [See Section D, Arrest Situations]. 5. Prepares NYS Office of Children and Family Services (OCFS) Form LDSS-2221A Report of Suspected Child Abuse or Maltreatment within 24 hours of the referral to CPS, and submits the original OCFS Form LDSS-2221A with the Domestic Incident paperwork. 6. Accesses any available resources and makes referrals, such as to The Safe Center, [See Appendix I] that might be necessary to ensure the child’s physical and emotional security. 7. Notes in the narrative section of the case report: a. whether or not CPS will be investigating and the name of CPS worker consulted, b. the assessment of, and the actions taken for, the child. 1. If the arrest would create an unintended or ineffective application of law, a. keeps the offender at the scene, b. consults with the Desk Officer or a Patrol Supervisor regarding the arrest. 3. Ensures that the case report narrative includes a detailed explanation of the incident and the actions taken. 4. If the supervisor directs an arrest, [See Section D, Arrest Situations]. 5. If the supervisor directs no arrest, includes a detailed explanation of the incident and the actions taken in the narrative section of the case report including the name of the supervisor consulted.

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  • 87

    4. Ensures CPS was notified 8. Assigns the case to the precinct squad detectives, if CPS indicates they will be conducting an investigation. 9. Reviews OCFS Form LDSS-2221A and ensures a copy is emailed to, and the original is mailed to, Nassau County Child Protective Services. [See Appendix I] Note: The policy of the Department is to arrest when the law is violated in a domestic incident. The Department’s objective is to provide for the safety of victims through arrest intervention. In some rare and unusual cases, such a policy may create an unintended and ineffective application of law. 2. Evaluates the situation and directs the Police Officer regarding the arrest of the offender. Note: An arrest must be made in all situations when there is reasonable cause to believe one of the following crimes occurred: 1. a felony, 2. a family offense misdemeanor, 3. a violation of an Order of Protection, 4. a misdemeanor involving unlawful coercive/controlling behavior.

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    : a person’s outward representation of gender as expressed in various ways including, but not limited to, one’s name, choice of personalpronouns,andany otherexternal characteristics and behaviors that are socially viewed as masculine, feminine, or androgynous.

    Gender Expression

  • 89

    : a person’s internal, deeply-held sense of one’s gender which may be the same or different from one’s genderassigned at birth.

    Gender Identity

  • 90

    : adocumentissuedbyanauthorized government agency with personal information specific to an individual such as a driver’s license, passport, or a state identification card.

    Government Identification

  • 91

    refers to any person whose gender expression [See Definition] or gender identity [See Definition] is not exclusively male or female.

    Non-Binary Person

  • 92

    : refers to any person whose gender expression [See Definition] or gender identity [See Definition] differs from that person’sgenderassignedatbirth.

    Transgender Person

  • 93

    B. C. D. Stops and Questions 1. If an officer has reasonable suspicion that a person possesses a weapon and the officer is concerned for his/her safety, conducts a search. Note: A search for a weapon may be conducted by either a male or female officer, regardless of the subject’s anatomical s e x. Arrest of Transgender or Non-Binary Persons 1. Initiates the Arrest Processing procedure [See OPS 2115] if an arrest is warranted. 2. Conducts a search incident to arrest [See ART 17, Rule 6]. Note: Asearchincidenttoarrestmaybeconductedbyeithera male or female officer, regardless of the subject’s anatomical sex. 3. Transports arrestee to arrest processing location. Search and Detention of Transgender or Non-Binary Persons at Arrest Processing Location 1. Obtains government identification [See Definition] from the arrestee, if available. Note: Note: An arrestee’s gender will be classified on all arrest processing paperwork as it appears on the individual’s government identification. If the arrestee does not have government identification, officers should consider the arrestee’s gender to be the same as their gender expression. [See Definition]. If the arrestee expresses a gender identity [See Definition] that differs from the gender indicated on the government identification, note that gender identity in the arrest paperwork. 2. If the arrestee states a preferred name and/or pronouns, addresses the arrestee as such. The arrestee’s preferred name will be noted in the “aka” field of the arrest paperwork. 3. Informs arrestee that it is the policy of the Department to conductsame-sexsearches,asperthegenderindicated onthe government identification, unless the arrestee requests otherwise. Note: A search to solely determine gender is prohibited.

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    4. Considers arrestee’s government identification, if available. 5. Provides for second officer to assist/witness search. 6. If the arrestee requests an officer of a specific gender to conduct the search, assigns a Member of the Force of the requestedgender,if available. Note: The Department will make every reasonable effort to accommodate the arrestee’s request.

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  • 95

    8. 9. Notes the following in the notes section of PDCN Form 79, Physical Condition of Defendant Questionnaire: a. the arrestee’s gender, as per government identification, b. the arrestee’s gender identity, if stated, c. the gender(s) of officers conducting the search, d. any accommodations made, or not made, and reasons therefore. Directs the arresting officer to secure the arrestee in a separate, secure holding location, if necessary, considering the privacy of all arrestees. 10. Ifnototherwisenecessary,directsthearrestingofficerto secure the arrestee with other arrestees based on their gender identity.

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  • 96

    11. Confinesthearresteeinasecureholdinglocation. 12. When directed by the Desk Officer, transports the arrestee to Detention. Search and Detention of Transgender or Non-Binary Persons at Detention 1. Upon arrival at detention, secures the prisoner in the holding area, based on the prisoner’s gender identity. 2. Informs Desk Officer of transgender or non-binary status of the prisoner. 3. Addresses the prisoner by their preferred name and/or pronouns. 4. Informs the prisoner that it is the policy of the Department to conductsame-sexsearches,asperthegenderindicated onthe government identification, unless the prisoner requests otherwise. Note: The Department will make every reasonable effort to accommodate the prisoner’s request.

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  • 97

    5. If the prisoner requests an officer of a specific gender to conduct the search, assigns a Member of the Force of the requestedgender,if available. Note: The Department will make every reasonable effort to accommodate the prisoner’s request. 7. Notes the following in the notes section of the PDCN Form 79: a. the arrestee’s gender, as per government identification, b. the arrestee’s gender identity, if stated, c. the gender(s) of officers conducting the search, d. any accommodations made, or not made, and reasons therefore. 8. Directs the Detention Police Officer to secure the prisoner: a. in a cell section based on the prisoner’s gender identity, or b. in a cell without other prisoners, if necessary.

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  • 98

    8. Responds to the scene and assesses the situation. 9. Ensures compliance with the Domestic Incidents Procedure [See OPS 6310] regardless of the status or occupation of the parties involved. 10. Notifies the Desk Officer of the situation. 11. If the domestic incident involves a Member of the Force who is a Superior Officer, notifies a Member of the Force to respond to the scene who is of superior rank to the involved Member of the Force, if possible. 12. Directs or ensures the summary arrest of a Member of the Force [See OPS 2340] or other law enforcement officer, if there is reasonable cause to believe [See Glossary] any of the following took place: a. a crime was committed, b. a petty offense was committed in the presence of a Police Officer, c. the terms of an order of protection have been violated. [See OPS 5150] 13. Notifies Internal Affairs Unit (IAU) if there is reasonable cause to arrest a Member of the Force who has left scene. 14. Initiates the Removal and Disposition of Weapons Procedure [See OPS 10023], if there are firearms, rifles, or shotguns present. 15. Initiates the Removing a Member's Firearm Procedure [See ADM 1242], if a Member of the Force is arrested. 20. Ensures the confiscation or surrender of any firearms is noted on the applicable paperwork. 21. Ensures the Commanding Officer is notified of domestic incidents involving other law enforcement officers. 23. Prepares PDCN Form 102, Member of the Force Involved Domestic Situation Report. [See Section C] 24. Initiates the Department Level Review. [See Section D] 25. Meets with the Police Officers who respond to an in progress domestic incident involving a Member of the Force and ensures that they are aware that information will be shared only on a need-to-know basis. 25. Meets with the Police Officers who respond to an in progress domestic incident involving a Member of the Force and ensures that they are aware that information will be shared only on a need-to-know basis.

    supervisor

  • 99

    16. If a Member of the Force is arrested, immediately notifies the following: a. IAU, b. Commanding Officer of the precinct of occurrence, c. arrested member's Commanding Officer, d. Duty Officer. Desk Officer Patrol Supervisor Commanding Officer Patrol Supervisor a. Commanding Officer of the precinct of occurrence, as soon as practical, b. department or agency of the arrested law enforcement officer. 18. Immediately notifies the Commanding Officer of the precinct of occurrence of any other situation involving extenuating circumstances. 19. Ensures the completion of all required reports.

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  • 100

    Preparation of PDCN Form 102 1. Gathers and reviews information on all domestic situations involving a Member of the Force coming to the attention of the Department. 2. Completes Parts A, B, and C of PDCN Form 102. 3. Contacts the Desk Officer for any notifications that were made relative to the situation. 4. Includes a detailed narrative on the form to give the reviewers of the form an informative view of the situation. 5. Includes the following information in the narrative, if an NCPD case report was not prepared: a. name, address, and phone number of the following: (1) otherpersonsinvolved, (2) witnesses, b. name of another police agency that responded to the incident, c. report numbers prepared by the other police agency. 6. Contacts the Office of the Chief of Department, and a. obtains the next control number, b. notes the number on PDCN Form 102. 7. If unable to contact the Office of the Chief of Department, excludes that number from PDCN Form 102. D. Department Level Review 1. Places the original PDCN Form 102 and copies of other paperwork in a sealed envelope and forwards to the Commanding Officer.

    supervisor

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    問題一覧

  • 1

    Receives either of the following commitment papers from the judge when the prisoner is held on bail or remanded to jail: a. DC31 M-1386, Nassau County District Court Commitment, or b. DC508 M-1082, District Court of Nassau County Commitment. 10. Advises the Desk Officer if the judge released the prisoner or remanded him to jail. 11. If the prisoner is released by the judge, returns the shackles to their proper location.

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  • 2

    Informs the Detention Desk Officer that the prisoner is released. Updates the Detention Desk records management system, indicating the prisoner's release. 14. If the prisoner was held on bail or remanded to jail by the judge, contacts NCCC for a Corrections Officer. [See Appendix I] 15. Directs the Police Officers to await the Corrections Officer.

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  • 3

    Guards the prisoner until relieved by the Corrections Officer. 17. Obtains the name of the Corrections Officer, and a. gives the commitment papers to the Corrections Officer, b. turns the prisoner over to the Corrections Officer. 18. Notifies the Desk Officer that the prisoner has been transferred to NCCC personnel. 19. Returns the shackles to their proper location.

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  • 4

    Visitation 1. Receives a request for visitation of a prisoner. 2. Directs the person requesting visitation to the Detention Desk.

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  • 5

    Identifies the person requesting visitation. 4. Determines if the prisoner was processed by: a. the Detective Division, or b. the Patrol Division, or c. a village police department. 5. Contacts and confers with the appropriate command personnel such as a detective supervisor of the investigating squad. 6. Determines if visitation will be authorized, after reviewing the case information and considering factors, such as: a. safety issues, b. needs of the prisoner, c. the integrity of the case. 7. If visitation is denied, notifies the person requesting visitation. [End of Procedure] 8. If visitation is authorized, a. prepares PDCN Form 425, Authorization to Visit Prisoner, b. instructs the person requesting visitation to present it to the guarding Police Officer at the hospital. 9. Photocopies PDCN Form 425 and files the copy. 10. Gives PDCN Form 425 to the person requesting visitation. 11. Advises the Police Officer guarding the prisoner that a visitor will be responding with written authorization.

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  • 6

    Reviews PDCN Form 425 when presented by the visitor. 13. Identifies the visitor comparing his physical features to the following: a. information on PDCN Form 425, b. driver’s license, c. photo identification, d. any other form of identification the visitor may possess. 14. Remains in the room at all times during the visit. 15. Ensures that there is no physical contact between the prisoner and the visitor and that nothing is given to the prisoner by the visitor. 16. Collects PDCN Form 425 from the visitor upon the form’s expiration. 17. Submits PDCN Form 425 to his command.

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  • 7

    Ensures the prisoner is handcuffed and has been searched. [See OPS 2235] 2. If the prisoner is physically challenged, considers using a Department Ambulance. 3. Initiates the following procedures if necessary: a. Aided Cases Procedure [See OPS 1110], b. Prisoners - Sick or Injured Procedure [See OPS 2210], c. Mentally Disabled Persons Procedure [See OPS 1155]. 4. Removes all police equipment from the rear portion of the police vehicle. 5. Searches the rear portion of the police vehicle for the following: a. weapons, b. dangerous objects, c. objects that may facilitate escape, d. evidence, e. contraband. 6. Places the prisoner in the police vehicle in an upright seated position in the rear seat. 7. Places a second prisoner, if applicable, in the middle of the rear seat. 8. Utilizes the police vehicle’s seat belt to secure the prisoner in the seat. 9. Obtains any required medications and assisting equipment such as wheelchairs, crutches, and prosthetic devices that are possessed by the prisoner and transports with the prisoner. 10. Sits in the rear seat behind the driver’s seat. Note: If the police vehicle is equipped with a prisoner screen the Assisting Officer may sit in the front passenger seat. 11. Engages window and door locks. 12. Continually observes the prisoner during transport. 13. Notifies Communications Bureau (CB) of the following: a. age, if prisoner is a juvenile, b. gender of prisoner, c. reason for transport, d. departure location, e. destination, f. odometer reading. 14. Records the CB time in Memo Book. 16. Responds to destination. 17. Refrains from performing other police duties during transport unless there is a risk of injury to a third person. 18. Notifies CB upon arrival of the following: a. location, b. odometer reading. 19. Record CB time in Memo Book. 20. Remove prisoner from police vehicle or ambulance. 21. Searches the rear portion of the police vehicle for the following: a. weapons, b. dangerous objects, c. objects that may facilitate escape, d. evidence, e. contraband. 22. Escort the prisoner into destination and present to proper authority.

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  • 8

    3 elements essential to all degrees of the offense are: 1. Operation: of a motor vehicle on a public highway. Operation is generally established by the Police Officer's direct observation, but it may be determined by other factors, and 2. Suspension/Revocation: evidence of suspension/revocation must be documented by the Police Officer, and 3. Knowledge: the culpable mental state is knowingly. The Police Officer should document factors determining the operator's knowledge, such as: a. incriminating statements made by the operator, b. prior notice given to the operator by: (1) law enforcement officers, (2) courts, (3) Department of Motor Vehicles (DMV). Records management system: [See Glossary] Supporting Deposition: PDCN Form 93B, Supporting Deposition/Bill of Particulars Aggravated Unlicensed Operation, is used as a supporting deposition, pursuant to Criminal Procedure Law (CPL) §100.25, for all violations of Aggravated Unlicensed Operation. Note: PDCN Form 93B includes a notice of intent to use statements made by the defendant, pursuant to CPL §710.30.

    aggravated unlicensed operation

  • 9

    All Violations 1. Confirms the elements of Aggravated Unlicensed Operation during a vehicle stop. Note: When determining the degree of the offense involving multiple suspensions, count only those suspensions which are listed as failure to answer, appear, or pay fine; do not count revocations, failure to pay child support, or failure to pay driver assessment fee as suspensions. Note: The operator's complete driving history should be used to determine the appropriate charge. This includes combining multiple driving histories if the operator has more than 1 DMV history. 2. Confiscates the suspended/revoked license [See OPS 13030] if it was issued by New York State. 3. Impounds the vehicle when mandated by the VTL. B. Non-Arrest Situations 1. Issues a NYS-DMV Simplified Information/Complaint (ticket) to the operator, for Aggravated Unlicensed Operation 3°, if an arrest is not made: a. makes ticket returnable to Nassau County First District Court [See Appendix M], except for locations with Village or City Courts handling traffic misdemeanors, b. selects return date from the Schedule of Traffic Ticket Return Dates for Nassau County First District Court/TPVA, c. indicates latest suspension number and date of suspension on the ticket, d. makes any tickets issued for other VTL violations returnable to the same court, with the same return date. Note: Generally, an arrest will not be made unless the operator has demonstrated a failure to answer. The arrest is for the purpose of setting pre-arraignment bail. 2. Issues a ticket to the operator, for Aggravated Unlicensed Operation 2°, when directed to do so by a Superior Officer.

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    511 Directs a Police Officer to issue a ticket for misdemeanors in lieu of arrest when necessary to maintain availability of Police Officers.

    supervisor

  • 11

    4. Ensures that the operator does not operate the motor vehicle after ticket is issued. 5. Prepares PDCN Form 93B for the offense. Note: It is important to complete all relevant sections of the form in order to fulfill the requirements found in the referenced sections of the CPL. 6. Enters the ticket information in the records management system [See Glossary] and attaches PDCN Form 93B. 7. Forwards completed paperwork to the Summons Clerk. 8. Obtains a DMV printout of the operator's driving history, documenting the VTL §511 charge. 9. Forwards paperwork to the Desk Officer for review.

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    Arrest Situations 1. Arrests the operator [See OPS 2115], if the offense is: a. Aggravated Unlicensed Operation 3°, when there is reason to believe the operator will fail to answer a ticket, b. Aggravated Unlicensed Operation 2°, unless directed otherwise by a Superior Officer, c. Aggravated Unlicensed Operation 1°. 2. Obtains a DMV printout of the operator's driving history, documenting the VTL §511 charge. 3. Completes the arrest processing, including: a. prepares PDCN Form 93B. Note: Only one PDCN Form 93B needs to be prepared utilizing the most recent suspension/revocation date. b. prepares PDCN Form 85AUO as follows: (1) ForAggravatedUnlicensedOperation2°and3°: (a) prepares a PDCN Form 85AUO for each misdemeanor charge with a maximum of two charges, Note: No more than two PDCN Forms 85AUO will be prepared regardless of the number of suspensions. (b) uses different suspension dates for each PDCN Form 85AUO, (c) uses different reasons for the suspension/revocation when applicable. Note: Count only those suspensions which are listed as failure to answer, appear, or pay fine; do not count revocations, failure to pay child support, or failure to pay driver assessment fee as suspensions. (2) ForAggravatedUnlicensedOperation1°: (a) prepares PDCN Form 85AUO for each felony charge. Note: PDCN Form 85AUO will serve as a Court Information for misdemeanor and felony arrests and a PDCN Form 85 will not be prepared. Note: PDCN Form 85AUO may be hand written. Completes the ticket. Note: The ticket is used by the court to report the final disposition of the VTL §511 charge to the DMV.

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    5. Reviews the arrest paperwork, including the following: a. PDCN Form 93B, b. PDCN Form 85AUO, c. NYS-DMV Simplified Information/Complaint (ticket), DMV printout. 6. Determines appropriate pre-arraignment bail [See OPS 2140], by considering the following: a. operator's prior record for failure to appear, b. violation of §511-3a ii (ten suspensions/ten dates) would generally make the operator not eligible for an appearance ticket without posting the maximum bail amount allowable in the CPL. Note: The return date used for appearance tickets when the operator is arrested is the normal return date used for appearance tickets. 7. Ensures delivery of completed paperwork to the proper court, including the following: a. UT50.2 (blue tab) ticket attached to original 85AUO, b. the original and 4 copies of: (1) PDCNForm93B, (2) PDCNForm85AUO, (3) DMVprintout.

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    a personally-assigned, unmarked Department vehicle, not required to be stored at a Department facility and permitted to be removed from the County on a regular basis. The vehicle may be stored at an appropriate location including, but not limited to, the assigned member’s place of residence. These vehicles are specifically designated by the Commissioner of Police. Only the assigned member, or a member directed by the assigned member, may operate a Level 1 AV. For members at the rank of Deputy Chief and above, these vehicles remain with the member, regardless of Division or assignment, until such authorization is rescinded by the Commissioner of Police.

    level 1 vehicle

  • 15

    a personally-assigned, unmarked Department vehicle, not required to be stored at a Department facility, to be used exclusively as transportation to and from the member’s residence and work, or when on official Department business. The vehicle may be stored at an appropriate location including, but not limited to, the assigned member’s place of residence. These vehicles are specifically designated by the Commissioner of Police.If the member is re-assigned to another command, the member does not retain the vehicle and the vehicle will remain in the command. In cases of long-term absences, Level 2 vehicles should be stored at an authorized Department facility. Only the assigned member, or a member directed by the assigned member, may operate a Level 2 AV.

    level 2

  • 16

    a personally-assigned, unmarked Department vehicle, not required to be stored at a Department facility, to be used exclusively as transportation to and from the member’s residence and work, or when on official Department business. The vehicle may be stored at an appropriate location including, but not limited to, the assigned member’s place of residence. These vehicles are specifically designated by the Commissioner of Police.If the member is re-assigned to another command, the member does not retain the vehicle and the vehicle will remain in the command. In cases of long-term absences, Level 2 vehicles should be stored at an authorized Department facility. Only the assigned member, or a member directed by the assigned member, may operate a Level 2 AV.

    level 2

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    a command-assigned, unmarked Department vehicle permitted for use by authorized members and only while on duty. When not in use, these vehicles must be stored at the command or other authorized Department facility. Note: When warranted and with the approval of the Chief of Department, a member may transport a Level 3 vehicle to the member’s place of residence for storage. This vehicle will only be used to transport the member to and from work.

    level 3

  • 18

    all other command-assigned, unmarked Department vehicles permitted for use by authorized members and shall be stored at the command of assignment when not in use.

    level 4

  • 19

    Criteria for Use of Assigned Vehicles Note: In accordance with Department procedure, disciplinary action may be taken for violations of Department rules applicable to the use of an AV [See Definition]. 1. Adheres to the following criteria when operating an AV: a. only members who have been authorized to operate an AV may do so, b. all safety and use provisions applicable to the use of marked fleet vehicles are applicable to the operation of an AV unless otherwise stated in this procedure, c. carries an identification card, d. if the member operating the AV is a Member of the Force: (1) carries authorized firearms and handcuffs, when practical, (2) wears, or has readily available, soft body armor and marked attire that will allow him to be identified and function as a Member of the Force, (3) monitorspoliceradiofrequencies, e. notifies Communications Bureau when responding to a call for service, when practical, f. if operating a Level 1 AV, (1) (2) limits operation of the AV to routine off-duty travel within Nassau County, or adjoining counties. Any exception shall be authorized by the Chief of Department or Commissioner of Police, ensures that all passengers abide by the following rules: (a) passengers shall be appropriately attired when being transported in an AV, (b) passengers shall use seatbelts or other legally- required restraints, (c) civilianpassengersshallcomplywithappropriate Department regulations while in the AV, including appropriate behavior and conduct, and shall not intervene in the event of police action, (d) civilian passengers shall abide by instructions on actions that must be taken in the case of emergency response. If a member must respond to a call for service, the civilian(s) being transported in the AV shall first be dropped off at a safe location, g. long-distance travel while on duty shall be authorized only by the Chief of Department or the Commissioner of Police, h. will have no expectation of privacy when operating an AV. The Department retains the right to enter and inspect an AV at any time without prior notice, with or without cause. Storage of Assigned Vehicles note: This section pertains only to Level 3 vehicles when stored at an authorized Department facility other than the vehicle’s assigned command. If a member is scheduled for leave extending beyond one week, every reasonable effort should be made to return the AV to the assigned command at the end of the shift preceding the start of said leave. 1. Secures AV at an authorized Department facility other than the assigned command. 2. Notifies his assigned command of the location of the stored AV. 3. If the AV is stored at a precinct or currently-manned facility, notifies the Desk Officer or Supervisor that a vehicle assigned to another command has been secured at the facility. 4. If the AV is stored at an unmanned facility, displays the command placard. 5. Retains vehicle keys. Note: Commands must always be in possession of spare keys for all vehicles belonging to their respective commands. 6. Informs Desk Officer or Supervisor, if applicable, when retrieving the vehicle. desk officer 7. Notes the following information in the time record or diary: a. the rank, name, serial number, and command of the member storing or removing the AV from the facility, b. the date and time the AV is secured or removed from the facility, c. the AV’s number and plate number. Care and Maintenance of Assigned Vehicles 1. Ensures a clean AV at all times. 2. Drops off/picks up the AV for scheduled maintenance. 3. Inspects the AV frequently to ensure it remains in good repair and functions properly. 4. Refrains from making any alterations to the exterior, equipment, mechanics, or interior of the AV. This includes the installation of personal equipment or placement of unauthorized stickers or magnetic placards.

    vehicle

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    : A Department Interpreter who has received formalized instruction in interviewing and statement taking techniques.

    investigative interpreter

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    : Cards written in different languages which enable LEP individuals to identify their primary language by pointing at a language printed on the card. These cards can be located on the Department Intranet Links section under Information Links/ NCPD Language Access.

    Language Identification Card

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    : A department computer network database, available to Supervisors, that contains skills and education information about both uniformed and civilian Members of the Department.

    Employee Skills Search Database Program

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    : Individuals who do not speak English as their primary language and possess a limited ability to read, write, speak, or understand English.

    Limited English Proficient (LEP) persons

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    : A telephonic service that gives the Department access to an interpreter for over 240 languages, 24 hours a day, 7 days a week. This service is not used to interview or interrogate subjects of a criminal investigation.

    Interpreter Service

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    Telephone Calls 1. Receives a telephone call from a Limited English Proficient (LEP) person. 2. Attempts to determine the language being spoken and whether or not a Member of the Department is immediately available to speak to the caller in that language, utilizing the Employee Skills Search Database Program [See Definition] if necessary. 3. If able to determine the language being spoken and a Member of the Department is immediately available to speak to the caller, a. uses that member to converse with the caller, b. takes appropriate action in response to the situation. [End of Procedure] 4. If unable to determine the language being spoken or if a Member of the Department is not immediately available to speak to the caller, a. States “dame [pronounced dah-meh] su numero de teléfono, despacio por favor” (“give me your phone number, slowly please”) to obtain a call back number, b. once a call back number has been obtained, states "uno momento” (“one moment”), Note: This phrase is understood in many different languages. Note: If for some reason the call is disconnected, and a call back number has been obtained, call language line and provide them with the call back number and have them connect you with the caller. Note: If using Alcatel-Lucent Landlines, [Go to step 13] c. places the caller on hold. 5. Presses the telephone "Link" button and dials the interpreter service telephone number 1-844-536-1912. Note: If the telephone does not have a "Link" button, press the "Feature" button and then the numbers 7 and 1. Feature 71 is the link feature. 6. When prompted by automated operator: a. presses 1 for Spanish, b. presses 2 for other or if language is not known. 7. Gives the following information to the interpreter after being connected: a. Member serial number and post of occurrence, b. Department’s 6-digit Client Identifier-572623, c. what you want to accomplish on the call. 8. Presses the "Link" button or "Feature 71." Note: You are now on a 3-way conference call with the interpreter and the caller. 9. Proceeds with the conversation utilizing the interpreter. 10. Takes appropriate action in response to the situation. 11. If response requires dispatching an officer to the scene, requests the radio dispatcher assign a Department Interpreter who speaks the appropriate language, if available. 12. Initiates other procedures as necessary, such as Case Reports [See OPS 8110]. 13. If using Alcatel-Lucent Phones: a. While on call, presses ‘New Call’ soft key. The first call will be placed on hold, b. Dials 9 for a line then 1-844-536-1912, after greeting enters: 1 for Spanish; 2 other languages; 0 if unknown, c. Upon request from live agent, provides: (1) Member’s Serial number, (2) 3-digit Post of Occurrence/Command Identifier, and (3) Department Client ID #572623. d. States what member wants to accomplish, e. Presses the soft-key next to ‘Conference’ on-screen, f. Performs steps 9-12 listed above, g. Ends the conference by pressing the ‘End’ key. B. In Person 1. Comes into contact with a LEP person. 2. Attempts to determine the language being spoken, utilizing other people at location, or the Language Identification Card, to assist with determining the language of the LEP person. Note: The Language Identification Card can be located on the Department Intranet Links/Information Links section under NCPD Language Access. 3. Attempts to locate a person at the location who can serve as interpreter. This person should only be used to: a. determine what has occurred/what is required, b. resolve minor issues that do not require further police action, c. interpret until a member of the department arrives in instances that do require further police action. Note: Discretion must be used in selecting a person at the location. A person who has a personal interest in the situation may not serve as a good interpreter. A person at the location should not be used to interpret in the following situations: 1. for potential admissions, confessions, or sworn statements, 2. when the person is the alleged perpetrator in a domestic incident and would be translating for an alleged victim or complainant of that domestic incident, 3. the person is a minor child in a high stress situation. [See OPS 6310] 4. If unable to determine the language being spoken, and unable to locate a person at location who can serve as interpreter, utilizes the Language Line service Interpreters Insight App on a Department cell phone. Note: The interpreter service can assist in identifying the language being spoken. 5. If able to determine the language being spoken, determines, via radio, whether or not a Member of the Department is immediately available to interpret in that language, utilizing the Employee Skills Search Database Program if necessary. 6. If able to determine the language being spoken and a Member of the Department is immediately available to interpret, a. requests that member respond and assist with the interpretation, b. uses that member to converse with the person, c. Takes appropriate action in response to the situation. [End of Procedure] 7. If there is not a Member of the Department who is available to interpret, or a person at the location who can interpret: 3. the person is a minor child in a high stress situation. [See OPS 6310] 4. If unable to determine the language being spoken, and unable to locate a person at location who can serve as interpreter, utilizes the Language Line service Interpreters Insight App on a Department cell phone. Note: The interpreter service can assist in identifying the language being spoken. 5. If able to determine the language being spoken, determines, via radio, whether or not a Member of the Department is immediately available to interpret in that language, utilizing the Employee Skills Search Database Program if necessary. 6. If able to determine the language being spoken and a Member of the Department is immediately available to interpret, a. requests that member respond and assist with the interpretation, b. uses that member to converse with the person, c. Takes appropriate action in response to the situation. [End of Procedure] 7. If there is not a Member of the Department who is available to interpret, or a person at the location who can interpret: Note: Language Line interpreter can be used until a department interpreter is available

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    8. Further attempts to locate a Department Interpreter, utilizing the Employee Skills Search Database program if necessary. Note: Note: If the request is for a potential admission, confession, or sworn statement an Investigative Interpreter should be used. When a department interpreter is unavailable, the department may rely on other local law enforcement agencies, including those within Nassau County, for assistance to LEP persons. In cases involving an LEP person who is the complainant, victim or witness of an alleged crime, only non-federal agencies should be utilized. 9. If there is no Department Interpreter and a local law enforcement agency will not be utilized for the requested language, notifies the requesting member. 11. If there are Department Interpreters for the requested language, determines if one of them is working. 12. If there are Department Interpreters working, a. contacts one of the Department Interpreters, b. advises him to respond and assist the requesting member, c. notifies the requesting member that a Department Interpreter is responding to assist. 14. If there are no Department Interpreters working, evaluates the situation to determine if a Department Interpreter will be called in to translate. 15. If a Department Interpreter will be called in to translate, a. contacts the Department Interpreter, b. advises him to respond and assist the requesting member, c. notifies the requesting member that a Department Interpreter is responding to assist. 17. If a Department Interpreter will not be called in, notifies the requesting member to use the interpreter service.

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    10. If notified that there is no Department Interpreter, or an interpreter from a local law enforcement agency will not be utilized for the requested language, uses the Language Line service Interpreters Insight App on a Department cell phone. [Go to Step 19] 13. Uses the Department Interpreter to converse with the person and takes appropriate action in response to the situation. [End of Procedure] 16. Uses the Department Interpreter to converse with the person and takes appropriate action in response to the situation. [End of Procedure] 18. If notified that a department interpreter will not be called in, utilizes the Language Line service Interpreters Insight App on a Department cell phone. 19. Gives the following information to the interpreter after being connected: a. Member serial number and post of Occurrence, b. Department’s 6-digit Client Identifier-572623, c. what you want to accomplish on the call. 20. Proceeds with the conversation utilizing the interpreter. Note: Note: When communicating with a LEP individual in person at the station house, either department cell phone or station house phone may be used. A speaker phone should be used, if available, whether using department cell phone or station house phone. If a speaker phone is not available, hand the department cell phone/station house phone receiver between yourself and the LEP person. 21. Takes appropriate action in response to the situation. 22. Initiates other procedures as necessary, such as Case Reports [See OPS 8110]. C. Written Statements Note: LEP subjects of criminal investigations will be advised in their primary language of their rights, in regard to giving a statement and securing an attorney, through a Department Interpreter prior to giving a statement. Investigative Interpreters should be used when questioning LEP subjects of criminal investigations for potential admissions and confessions. In those cases where there is no Investigative Interpreter available for the appropriate language, a court certified interpreter can be obtained through: a. First District Court, b. NCPD’s Language Access Coordinator, c. Communications Bureau Supervisor. Interpreter service will not be used to interview or interrogate subjects regarding criminal investigations. Department/ Investigative Interpreter 1. Interviews the LEP person. 2. Prepares a written statement in the LEP person’s primary language. Note: A written statement will be prepared in English, if the statement cannot be written in the LEP person’s primary language. 3. Ensures the LEP person has full comprehension and is in agreement with the statement after he: a. directs the LEP person to read the LEP written statement, or b. reads the statement to the LEP person if the statement was written in English. 4. Determines if the LEP person is able to understand the written statement. 5. If the LEP person is able to understand the written statement, [Go to step C.7]. 6. If the LEP person is unable to understand the written statement reads the statement to the LEP person in his language. 7. Requests the LEP person sign the written statement, in front of a witness, after the LEP person signifies full comprehension and agreement. 8. Prepares a written English translation of the LEP person's statement, if not already prepared. 9. Attaches the written English translation of the LEP person’s statement to the original statement. Note: The LEP person will not be asked to sign the English language statement. 10. Notes in the case report and the crime report the name of the interpreter(s). 11. Forwards the following to the District Attorney's office if the case is being referred there: a. original statement, b. English translation.

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    A. Crime Victim Referral 1. Informs the following crime victims that they have the right to file for compensation benefits with the NYS Crime Victims Board: a. all victims of a felony or misdemeanor, b. victims of a crime who sustain personal physical injury, c. victims of a crime who suffer a loss or damage to articles of essential personal property, d. the surviving spouse, parent, or child of a victim who dies as a direct result of a crime, e. a person who was dependent for principal support upon a victim who has died as a direct result of a crime, f. a person who has paid or incurred the burial expenses of an innocent victim who dies as a direct result of a crime, g. a child (under 18) victim of, or witness to, a crime or the child’s parent, guardian, or sibling. Note: Applications are available at any Nassau County Police Precinct or by contacting the Nassau County Crime Victims Assistance Center. 2. Issues all crime victims of a Felony or Misdemeanor a NYS Crime Victims Board Information Card. 3. Offers referral to the Nassau County Crime Victims Assistance Center and issues a PDCN Form 289, Crime Victim Information Card, to crime victims in the following circumstances: a. persons who request applications or assistance in applying for NYS Crime Victims Compensation Benefits, b. victims of domestic violence, c. persons who appear to need counseling as a result of being a crime victim, d. senior citizens, handicapped people, or low income individuals who need an emergency locksmith for damage that occurred during a crime and they are the crime victim, e. victims who need accompaniment to court, the District Attorney, or Police Department. 4. Offers referral to a Rape Crisis Center to victims of a sex offense and issues PDCN Form 289. 5. Includes in the Case Report narrative that the victim did or did not receive NYS Crime Victims Board Information Card. [See Executive Law section 625b.] B. Request for Crime Victim Report Note: Detective personnel will process requests for Crime Victim Reports when the case is assigned to the DD. Precinct personnel will process all other requests for Crime Victim Reports. 1. Identifies the person requesting the report and ensures that he is the victim or a person authorized by the victim to receive the report. Note: A person requesting a Crime Victim Report who is not the victim and does not have written notarized authorization to Member of the Department Desk Officer/ Det Supervisor Member of the Department Pct Clerk Det Clerk Crime Victim Assistance Project Liaison Officer Pct Clerk Supply Unit receive the report on behalf of the victim should be given PDCN Form 288, Crime Victim’s Request for the Police Report, and instructed to have the victim fill it out. 2. Instructs the person making the request to fill out PDCN Form 288. 3. Generates the Crime Victim Report from the records management system. [See Glossary] 4. Obtains authorization to release the report from the Desk Officer or Det Supervisor. 7. Copies the report and gives it to the requestor. 8. Forwards the original Crime Victim Report and the completed PDCN Form 288 to one of the following: a. Pct Clerk for uniform Crime Victim Reports, b. Det Clerk for DD Crime Victims Reports

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    5. Reviews the Crime Victim Report and PDCN Form 288 and ensures that they are complete and accurate. 6. Endorses PDCN Form 288 to authorize the release of the Crime Victim Report.

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    the non-accidental use of force that results in bodily injury, pain, or impairment.

    physical abuse

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    : non-consensual sexual contact of any kind.

    Sexual abuse

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    the willful infliction of mental anguish.

    Emotional abuse

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    : the refusal or failure to fulfill a care- giving obligation. The neglect may be a. active: a willful refusal or failure, or b. passive: a failure due to inadequate care-giver knowledge or infirmity of the care-giver. 5. Neglect (by self): the adult’s inability, due to physical and/or mental impairments, to perform tasks essential to caring for oneself. Note: Essential tasks include the following: 1. providing essential food, clothing, shelter and medical care, 2. obtaining goods and services necessary to maintain physical health, mental health, emotional well-being, and general safety, 3. managing financial affairs.

    Neglect (by others)

  • 34

    : the illegal or improper use and/or exploitation of funds, property, or other resources.

    Financial exploitation

  • 35

    a state mandated program, administered within the Nassau County Department of Social Services, which provides services to victims of adult abuse. Services may include the following: 1. arranging for medical or mental health assessments, 2. locating emergency housing, 3. referring victims, offenders, and family to community services such as counseling, 4. pursuing legal interventions such as orders of protection or assignments of guardianship.

    Adult Protective Services (APS):

  • 36

    1. Receives information or a telephone call reporting adult abuse. 2. Ascertains the following information: a. type of adult abuse, b. caller information, c. relationship between victim and abuser. 3. Determines if police response is needed. 4. If police response is needed, gathers additional information for response and notifies the radio dispatcher. 5. Receives information and assigns patrol units and ambulance, if needed, to scene. 6. If police response is not needed, provides the caller with information about APS, including the contact telephone number. [See Appendix I]

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    Referrals to APS 1. Responds to a report of adult abuse or comes in contact with a person who may be a victim or suspect of adult abuse. 2. Interviews the possible victim, looking for the indicators of adult abuse. [See Attachment A] 3. Interviews the possible suspect looking for the indicators of adult abuse. [See Attachment A] 4. Determines if the person is a victim of adult abuse. 5. If there is no adult abuse, [End of procedure]. 6. If there is adult abuse, determines if an immediate notification to APS is necessary. Note: An immediate notification to APS is necessary if all of the following conditions apply to the abuse victim: 1. he is at risk of harm, 2. he is unable to protect himself, 3. he has no one willing or able to responsibly assist him. 7. Notifies the Desk Officer when, a. an immediate notification to APS is necessary, or b. APS is needed to assist in an investigation of adult abuse, or c. information or advice is needed in questionable situations.

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    8. Contacts APS [See Appendix I] and provides the following information: a. name of victim, b. address and telephone number of victim, c. current location of victim, d. services needed by the victim, e. if situation is life threatening, f. name and shield number of officer at scene, g. name of police contact person. Note: The contact person would be the Desk Officer for a uniform case report and a Detective Squad Supervisor for a detective case report. Inquires from APS if the case will be accepted or rejected. APS has 24 hours to decide whether to accept a case, therefore a decision may not be made immediately. 10. Advises the reporting officer concerning APS.

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    11. If it is known that APS will accept the case, advises the victim. Note: After acceptance of a case, an APS caseworker will visit the victim within 3 working days of the date of referral, or within 24 hours if it is a life threatening situation. 12. If an immediate notification to APS is not necessary, a. advises the victim on his rights, b. asks if the victim wants APS notified by the police, c. advises the victim how to contact APS and what services APS provides. 13. Notifies the Desk Officer for notification to APS when a. the victim wants APS notified, or b. any time a notification to APS appears appropriate or warranted. C. Requests to Assist APS 1. Receives a request from APS for police assistance. Note: APS will contact the Department for assistance in the following matters: 1. implementing court orders, such as: a. access order, b. short term involuntary protective services order, c. order of protection, 2. requesting assistance to protect: a. the victim, b. the caseworker, 3. reporting suspicion of a crime and requesting that a police investigation be commenced. Desk Officer 2. Notifies the Desk Officer of the precinct of occurrence of the APS request.

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    4. Responds and assists APS. 5. Takes appropriate police action at the scene. D. Reports 1. Prepares a case report for the following: a. possible adult abuse, b. referrals to APS, c. assistance provided to APS. Note: Case reports involving adult abuse will be reported using the preliminary classification of the underlying crime. When an underlying crime can not be determined, the case report will be reported using the preliminary classification of adult abuse.

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    2. Reviews and classifies the case report. 3. Includes in the case report the following information: a. when the notification to APS was made, b. the name of the person notified, c. whether APS advised if the case is accepted or rejected. 4. Assigns the case report to the Detective Division when a follow-up investigation is necessary.

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    7. When receiving a notification from APS advising the acceptance or rejection of the case, does one of the following: a. updates a uniform case report with the information received, or b. notifies the detective squad of the APS notification if the case report was assigned to the squad. Note: APS is required to notify the referral source, either orally or in writing, of the eligibility or ineligibility of the victim for APS assistance within 15 calendar days of the completion of the APS assessment.

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    : a Nassau County resident, sixty (60) years of age or older.

    Senior citizen

  • 44

    programs coordinated by the Nassau County Department of Senior Citizen Affairs aimed at assisting senior citizens whose quality of life or personal safety has diminished. The programs assist senior citizens with a variety of services including the following: 1. counseling and referrals, 2. health screenings, 3. educational workshops, 4. tax preparation assistance, 5. legal and financial services, 6. housing information, 7. care giver support groups, 8. women living alone group, 9. nutrition education and meal programs, 10. health and in-home services, 11. home energy assistance, 12. weatherizationservices, 13. volunteer opportunities, 14. employment opportunities, 15. grandparents’ support groups, 16. bereavement groups, 17. transportation

    Senior Citizen Affairs Program

  • 45

    1. Comes in contact with a senior citizen [See Definition] experiencing a problem which has diminished their quality of life or personal safety. 2. Determines if the senior citizen: a. b. SIGNATURE is a victim of adult abuse, [See Glossary] may benefit from Senior Citizen Affairs Programs. [See Definition] 3. If the senior citizen is a victim of adult abuse, initiates the Adult Abuse Procedure. [See OPS 4226] 4. If the senior citizen may benefit from Senior Citizen Affairs Programs, prepares PDCN Form 421, Senior Citizen Affairs Referral. 5. Provides the senior citizen with information about the Department of Senior Citizen Affairs. [See Appendix I] 6. Telephones the Department of Senior Citizen Affairs and provides information regarding the senior citizen. Note: Members contacting the Department of Senior Citizen Affairs after hours should leave a detailed message providing relevant information. 7. Forwards PDCN Form 421 to the Desk Personnel.

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    : a shelter that is designated as such by the Department of Social Services (DSS).

    Designated Sheltered Location

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    : severe weather conditions such as: a) the air and wind chill temperatures, as calculated by the National Weather Service, are at or below 32 degrees Fahrenheit, b) excessive heat, hurricanes, tornados, etc.

    Inclement Weather

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    : a judgment which implies that the aided person is oriented to person, place, and time and shows no significant mental impairment attributable to alcohol, drugs, or other recognizable organic factors or mental illness.

    Mentally competent

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    : any person who appears to be mentally ill and is conducting himself in a manner which is likely to result in serious harm to the person or others. (NYS Mental Hygiene Law § 9.41)

    Mentally incompetent

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    Encountering a Homeless Person Note: Officer safety remains paramount. In all of the following instances, if a member has reason to believe that a homeless person possesses a weapon either on his person or in his property, the member should conduct a pat-down search of that person and/or a cursory search of that person’s property. 1. Encounters or becomes aware of a homeless person. 2. Offers to assist the homeless person by: a. encouraging him to voluntarily accept shelter, and b. explaining that his personal property may be taken in quantities that are reasonable and deemed necessary. Note: Coats, blankets, sleeping bags, etc., which the individual is able to carry to a sheltered location are permitted. B. Medical Assistance 1. If the homeless person appears to be in need of medical assistance initiates the Aided Cases procedure, [Go to OPS 1110] 2. Prepares an Aided Case Report, documenting any assistance rendered. [End of Procedure] Psychological Assistance Police Officer Police Officer 1. If the homeless person appears to be mentally incompetent, initiates the Mentally Disabled Persons procedure. [See OPS 1155] 2. Prepares an Aided Case Report, documenting any assistance rendered. D. Voluntary Shelter Assistance 1. If the homeless person accepts the offer of shelter assistance, a. contacts the Department of Social Services (DSS) [See Appendix I] at: (1) 516-227-7407from0900-1645hours,Monday through Friday, and asks to speak with the Homeless Department, or (2) 516-573-8626afterhours, b. obtains instructions from DSS personnel, c. assists in the transfer of the homeless person directly to the designated sheltered location [See Definition], as directed by DSS. 2. Prepares an Aided Case Report, documenting any assistance rendered. E. Veterans 1. If the homeless person is a veteran, may alternatively contact United Veterans Beacon House [See Appendix N] at: a. 631-665-1571 from 0900 to 1700, Monday through Friday, or b. 631-455-3569 or 631-774-6445 after hours. Note: If the homeless veteran appears to be intoxicated or under the influence of drugs, members should first contact DSS. 2. Prepares an Aided Case Report, documenting any assistance rendered. F. Refusal of Shelter Assistance/Mentally Competent 1. If the homeless person refuses voluntary assistance and appears mentally competent [See Definition] refers him to: a. the Department of Social Services or United Veterans Beacon House [See contact numbers above], and b. warming centers and food pantries. Note: Locations of warming centers and food pantries are listed on the Department’s Real Time Intelligence site. Follow the links: Intel Bulletins/NCPD Intel Bulletins/2016 Bulletins/ and scroll down. 2. Prepares a field interview to include the following: a. the homeless person’s voluntarily obtained pedigree information, b. any referrals given to the homeless person, c. the homeless person’s refusal of assistance. G. Refusal of Shelter Assistance/Mentally Incompetent Police Officer Desk Officer Asset Forfeiture Unit Personnel 1. If the homeless person appears to be mentally incompetent [See Definition] initiates the Mentally Disabled Procedure. [See OPS 1155] 2. Prepares a field interview to include the following: a. the homeless person’s voluntarily obtained pedigree information, b. any referrals given to the homeless person, c. the homeless person’s refusal of assistance. H. Monitors Encounters with Homeless Persons

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    1. Monitors aided case reports and field interviews for encounters with homeless persons. 2. Transmits (FYI) all homeless encounter reports to Asset Forfeiture Unit.

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    : a person’s outward representation of gender as expressed in various ways including, but not limited to, one’s name, choice of personalpronouns,andany otherexternal characteristics and behaviors that are socially viewed as masculine, feminine, or androgynous.

    Gender Expression

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    : a person’s internal, deeply-held sense of one’s gender which may be the same or different from one’s genderassigned at birth.

    Gender Identity

  • 54

    : adocumentissuedbyanauthorized government agency with personal information specific to an individual such as a driver’s license, passport, or a state identification card.

    Government Identification

  • 55

    : refers to any person whose gender expression [See Definition] or gender identity [See Definition] is not exclusively male or female.

    Non-Binary Person

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    : refers to any person whose gender expression [See Definition] or gender identity [See Definition] differs from that person’sgenderassignedatbirth.

    Transgender Person

  • 57

    Encounters with Transgender or Non-Binary Persons 1. Encounters a person believed to be a transgender person [See Definition] or a non-binary person [See Definition]. Members of the Department will be respectful in their contact with Superior Officers and all other persons within and without the Police Department. [See ART 5, Rule 6]. Members will not inquire as to a person’s gender status during police encounters unless directly relevant. Stops and Questions 1. If an officer has reasonable suspicion that a person possesses a weapon and the officer is concerned for his/her safety, conducts a search. Note: A search for a weapon may be conducted by either a male or female officer, regardless of the subject’s anatomical s e x. Arrest of Transgender or Non-Binary Persons 1. Initiates the Arrest Processing procedure [See OPS 2115] if an arrest is warranted. 2. Conducts a search incident to arrest [See ART 17, Rule 6]. Note: Asearchincidenttoarrestmaybeconductedbyeithera male or female officer, regardless of the subject’s anatomical sex. 3. Transports arrestee to arrest processing location. Search and Detention of Transgender or Non-Binary Persons at Arrest Processing Location 1. Obtains government identification [See Definition] from the arrestee, if available. Note: Note: An arrestee’s gender will be classified on all arrest processing paperwork as it appears on the individual’s government identification. If the arrestee does not have government identification, officers should consider the arrestee’s gender to be the same as their gender expression. [See Definition]. If the arrestee expresses a gender identity [See Definition] that differs from the gender indicated on the government identification, note that gender identity in the arrest paperwork. 2. If the arrestee states a preferred name and/or pronouns, addresses the arrestee as such. The arrestee’s preferred name will be noted in the “aka” field of the arrest paperwork. 3. Informs arrestee that it is the policy of the Department to conductsame-sexsearches,asperthegenderindicated onthe government identification, unless the arrestee requests otherwise. Note: A search to solely determine gender is prohibited.

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    4. Considers arrestee’s government identification, if available. 5. Provides for second officer to assist/witness search. 6. If the arrestee requests an officer of a specific gender to conduct the search, assigns a Member of the Force of the requestedgender,if available. Note: The Department will make every reasonable effort to accommodate the arrestee’s request.

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    Notes the following in the notes section of PDCN Form 79, Physical Condition of Defendant Questionnaire: a. the arrestee’s gender, as per government identification, b. the arrestee’s gender identity, if stated, c. the gender(s) of officers conducting the search, d. any accommodations made, or not made, and reasons therefore. Directs the arresting officer to secure the arrestee in a separate, secure holding location, if necessary, considering the privacy of all arrestees. Ifnototherwisenecessary,directsthearrestingofficerto secure the arrestee with other arrestees based on their gender identity.

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    : a temporary or permanent judicial directive that can prohibit or mandate specific conduct by the person named in the order of protection. The following courts may issue an order of protection

    Order of protection

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    : Criminal Court may issue an order of protection to the victims of Family Offenses; it may also issue orders of protection to victims of other offenses after the filing of an accusatory instrument. The duration of this order of protection is fixed by the court. Criminal Court has the authority to issue a Family Court order of protection when Family Court is not in session.

    Criminal Court

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    : Family Court may issue orders of protection to persons subject to the jurisdiction of Family Court. This order of protection can prohibit conduct which may not be a violation of law. There is no requirement that any Family Court action be started other than the filing of a Family Court petition. This order of protection may be issued to any party of a domestic dispute.

    Family Court

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    : has jurisdiction over criminal, family court and matrimonial matters on selected cases where domestic violence is involved.

    Integrated Domestic Violence Court

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    : Title 18 §2265 of the United States Code requires that an order of protection that is issued by the court of one state be given "full faith and credit" by the court of another state. Any order of protection issued by the court of another state will be enforced as if it were an order of protection of a New York State (NYS) Court.

    Out of state courts

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    : Supreme Court may issue an order of protection in connection with an action for divorce, separation, or annulment that is already before the court. Note: An order of protection is enforceable statewide regardless of what court issued the order

    Supreme Court

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    : the Supreme Court may issue an order to an individual to allow him to retrieve personal property from a marital residence. These orders are generally issued after one of the parties has left the marital residence, but before a final divorce has been attained with a division of property decree.

    Supreme Court order to remove property

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    : an order of protection that directs the person named in the order of protection to immediately leave and stay away from the stated place of residence.

    Vacate premises order of protection

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    A. Enforcing Orders of Protection 1. Evaluates the situation and reads the order of protection [See Definition] if available. Note: There is no requirement that the complainant be able to present a copy of the order of protection to the police. 2. Leaves the order of protection with the complainant, if it is the only copy. 3. Initiates the Domestic Incident Procedure [See OPS 6310], if the involved persons are in a domestic relationship.[See Glossary] 4. Effects a summary arrest [See OPS 2115] of the offender, when there is reasonable cause to believe [See Glossary] any of the following took place: a. a crime was committed, b. a petty offense was committed in the Police Officer's presence. 5. If the order of protection is a vacate premises order of protection [See Definition], [Go to Section B]. 6. If the order is a Supreme Court order to remove property [See Definition], [Go to Section C]. 7. Contacts precinct desk personnel to verify the validity and termination date of an Family Court Order of Protection if the complainant cannot produce a copy of the order of protection or the order of protection appears to have been altered or mutilated as follows: a. if issued within NYS thru NYSPIN, b. if issued outside of NYS contact the issuing jurisdiction. 8. Contacts Records Bureau Warrant Section for all other Orders of Protection or to obtain further information on a Family Court order of protection. 9. If the validity of any order of protection cannot be verified, affects a summary arrest and notifies the Desk Officer if: a. there is reasonable cause to believe the terms of an order of protection have been violated, b. all attempts have been made to verify the validity. Note: An arrest will be made when a Police Officer has reasonable cause to believe that the terms of an order of protection have been violated. A credible description by a victim of the manner in which the order of protection was violated, without facts to the contrary, is sufficient to establish reasonable cause to make an arrest. The safety of the victim is foremost and paramount and therefore arrests will be made when reasonable cause to believe that the terms of an order of protection have been violated. 11. If the validity of the order of protection can be verified, determines if the order of protection was violated. Note: There is no requirement that the prohibited behavior occur in the Officer's presence. A lawful arrest may be founded upon information other than the Officer's first hand observations. 12. If the order of protection was not violated, ensures the offender is aware of the order of protection. [Go to step A.16] 13. If the order of protection was violated, determines if the offender is aware of the order of protection and its contents. Desk Officer Police Officer Note: This determination can be based on the following: 1. by contacting Records Bureau to ascertain the following: a. when an order of protection has been served, b. when an offender has previously been made aware of an order of protection by a Member of the Force. 2. the offender admits knowledge of the order of protection and its contents, 3. the Police Officer receives other independent evidence to corroborate the victim's allegation of the offender's knowledge 14. If the offender is aware of the order of protection and its contents: a. charges him with the appropriate degree of criminal contempt returnable to First District Court, b. effects a summary arrest. [See OPS 2115]. Note: An arrest will be made when a Police Officer has reasonable cause to believe that the terms of an order of protection have been violated. The arrest is made even if the victim is unwilling to proceed further in court. A credible description by a victim of the manner in which the order of protection was violated, without facts to the contrary, is sufficient to establish reasonable cause to make an arrest. 15. If the offender is not aware of the order of protection and its contents, a. shows the order of protection, if available, to the offender or advises the offender of the order of protection's contents, b. advises the offender he is now subject to the terms of the order of protection and will be arrested for any further violations, c. notifies Records Bureau that the offender is now aware of the order of protection and its contents, d. notes in the narrative section of the case report that the offender was notified of the order of protection and its contents. 16. Charges the offender with additional offenses, if he has committed any other offense including a chargeable underlying offense. [End of Procedure]

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    19. Refers the incident to the Detective Division in the following situations: a. the validity of an order of protection could not be verified, b. an arrest is made requiring detective assistance, c. any other situation requiring follow-up investigation.

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    Enforcing Vacate Premises Orders of Protection Note: A person who is issued a vacate premises order of protection is directed by the issuing court to respond to the appropriate station house and present the order of protection to the Desk Officer. 1. Receives a request from an individual to assist in enforcing a vacate premises order of protection and notifies either the Desk Officer or a Patrol Supervisor.

    Enforcing Vacate Premises Orders of Protection Note: A person who is issued a vacate premises order of protection is directed by the issuing court to respond to the appropriate station house and present the order of protection to the Desk Officer. 1. Receives a request from an individual to assist in enforcing a vacate premises order of protection and notifies either the Desk Officer or a Patrol Supervisor.

  • 71

    2. Reads the order of protection. 3. If the order of protection appears valid, assigns Police Officers to execute the order of protection. 4. If the order of protection is not valid, refers the complainant back to the court of issuance.[End of Procedure]

    supervisor

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    5. Responds to the premises with the complainant. 6. Determines if the person named in the order of protection is present. 7. If the person named in the order of protection is not present, advises the complainant to call 911 when that person returns. 8. If the person named in the order of protection is present, advises the person named in the order of protection to leave the premises immediately. 5. Responds to the premises with the complainant. 6. Determines if the person named in the order of protection is present. 7. If the person named in the order of protection is not present, advises the complainant to call 911 when that person returns. 8. If the person named in the order of protection is present, advises the person named in the order of protection to leave the premises immediately.

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    2. Reads the order to ensure it is not expired and to verify the hours of execution. Note: Note: These orders will be valid for a maximum of 5 days. Records Bureau should not be contacted to verify the validity of the order. The hours of execution are generally between 0900 and 2100. A Supreme Court order of protection must be read carefully to ascertain the required action to be taken for a violation of the order of protection. 3. If the order has expired, refers the individual back to the issuing court. 4. If it is currently not within the hours of execution, advises the individual to return at the appropriate time. 5. If the order is not expired and it is currently within the hours of execution, assigns Police Officers to execute the order.

    supervisor

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    6. Reads the order to verify what property is to be removed. 7. Responds to the premises with the individual. 8. Advises anyone present of the existence of the order and what property will be removed. 9. If there is a problem identifying what property may be removed, a. ensures those items are left at the premises, b. refers the matter back to the issuing court. 10. Effects a summary arrest [See OPS 2115] for failure to turn over property identified in the order when both of the following conditions are met: a. there is no problem identifying the property that is to be removed, b. it is specifically stated within the order that an arrest is to be made for failure to turn over property identified in the order. 11. Remains at the scene while the person named in the order removes any property identified in the order. D. Obtaining Emergency Temporary Family Court Orders of Protection 1. Ensures that all of the following requirements for an emergency temporary Family Court order of protection are met: a. an arrest cannot be made because an offense has not been committed or the offender cannot be located, b. the issuance of the order of protection may prevent the possible occurrence of domestic violence, c. the complainant requests the issuance of the order of protection, d. Family Court is not in session 2. Notifies the Desk Officer. 3. Completes and forwards the following paperwork to the Desk Officer: a. case report, b. PDCN Form 32B, Supporting Deposition, c. DCJS Form 3221, New York State Domestic Incident Report.

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    4. Reviews the forms. 5. Contacts the CB Supervisor for the telephone number of the Family Court Judge who is on call. 6. Calls the judge and follows his instructions. Note: The judge will advise the Desk Officer as to the location at which he will review the paperwork and other information related to the incident.

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    7. Delivers the forms and any other information to the judge so that he can make a determination in regard to the issuance of a temporary Family Court order of protection. 8. If the judge does not issue a temporary Family Court order of protection, advises the complainant the order of protection will not be issued. 9. If the judge does issue a temporary Family Court order of protection, delivers the order of protection to the complainant, and a. notifies RB that an order of protection was issued, b. forwards a copy of the order of protection to RB. 10. Notifies the Desk Officer of the judge’s determination regarding the order of protection.

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    : a situation in which each party involved in a domestic incident accuses the other party of causing the domestic incident and/or committing an offense.

    Cross complaints

  • 78

    : an exchange of property or a custodial exchange of a child in common between individuals within a family or household [See Definition] in the presence of a Police Officer.

    Domestic exchange

  • 79

    : consist of the following offenses which are committed between members of the same family/household: 1. Criminal Mischief 1 ̊, 2 ̊, 3 ̊, and 4 ̊, 2. Harassment 1 ̊ and 2 ̊, 3. Aggravated Harassment 2 ̊, 4. Disorderly Conduct (including disorderly conduct that does not occur in a public place), 5. Assault 2 ̊ and 3 ̊, 6. Attempted Assault 1 ̊, 2 ̊, and 3 ̊, 7. Reckless Endangerment 1 ̊ and 2 ̊, 8. Menacing 2 ̊ and 3 ̊, 9. Stalking 1 ̊, 2 ̊, 3 ̊, and 4 ̊, 10. Strangulation 1 ̊, 2 ̊, and Criminal obstruction of breathing or blood circulation, 11. Sexual Misconduct, 12. Forcible Touching, 13. Sexual Abuse 3 ̊, 14. Sexual Abuse 2 ̊ sub 1, 15. Coercion 3 ̊ sub 1, 2, 3, 16. Coercion 2 ̊, 17. Grand Larceny 3 ̊and 4 ̊, 18. Identity Theft 1 ̊, 2 ̊ and 3 ̊, 19. Unlawful Dissemination or Publication of an Intimate Image Note: Note: Even though there is concurrent jurisdiction with Family Court for Criminal Mischief, the alleged acts must meet the elements of the offense of Criminal Mischief as per the Penal Law. Domestic incidents may involve offenses other than those listed above. Such other offenses are not family offenses under the law and may not be prosecuted in the Family Court. The Criminal Court has exclusive jurisdiction over these types of offenses. (Examples: Assault 1 ̊, Rape, Kidnapping, Unlawful Imprisonment, Attempted Murder).

    Family offenses

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    : the person who initiates or instigates a physical confrontation. This is not necessarily the first person to use physical force. The primary physical aggressor may initiate the physical confrontation by using unprovoked physical force or instigate it by threatening the other person and placing that person in fear of physical injury. In either case the other person’s use of physical force is of a defensive nature.

    Primary physical aggressor

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    a non-profit organization that offers confidential and cost-free services to victims of child abuse, domestic and dating violence, rape and sexual assault, and human trafficking.

    The Safe Center

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    : occurs where the actor communicates a serious expression of intent to commit an unlawful act of violence toward a particular individual.

    True threat

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    patterns of abuse used by the offender in a domestic incident against the victim that may involve berating behavior, physical/verbal threats, or damage to jointly held property. These patterns have as their purpose the abuse or coercive control of the victim. Note: Harassment 2 ̊ often includes conduct which constitutes coercive or controlling behavior which makes it illegal for a person to engage in a course of conduct or repeatedly commit acts which alarm or seriously annoy another person and which serve no legitimate purpose. In addition, acts which instill fear of physical injury may constitute Harassment 1 ̊ or Menacing 1 ̊, 2 ̊, or 3 ̊.

    Unlawful coercive/controlling behavior:

  • 84

    A. Receipt of Complaint 1. Gathers all information from person(s) present at stationhouse or received via telephone to initiate police response, and a. enters the call into the Computer Aided Dispatch (CAD) System, I-Netviewer, if available, or b. notifies 911. 2. Dispatches domestic incident [See Definition] calls with the same priority as other emergency calls. 3. Assigns Police Officers to respond as follows: a. 2 RMPs to a domestic incident, b. 2 RMPs to a domestic exchange [See Definition], c. 1 RMP to station house for domestic exchange and notifies Desk Officer. 4. Refrains from canceling police response for any reason. 5. Responds and assesses the situation. 6. Determines if incident is a domestic exchange or domestic incident. Note: When a Member of the Force responds to or investigates a possible domestic incident or exchange and it is determined that the incident is neither a domestic incident nor exchange, the Desk Officer will be consulted for review of the member’s disposition. 7. If domestic exchange [Go to Section B]. 8. If domestic incident [Go to Section C]. B. Response to Domestic Exchange Police Officer 1. If a. b. Note: c. d. e. Note: assigned to a domestic exchange without incident: ascertains parties’ names and addresses, conducts database checks, as needed, of involved parties to obtain information regarding: (1) Orders of Protection, (2) Wants and Warrants, (3) Probation and Parole, (4) Pistol License, (5) Driver’s License status, when applicable, If any of the above listed checks are positive, [See Section C] for appropriate actions to be taken. assists in the exchange, makes a domestic exchange (DOMX) CAD entry or domestic exchange station house (DOMXS) CAD entry if the incident was not assigned by Communications Bureau (CB), enters disposition into CAD using the EXCH disposition code, including Order of Protection information in the remarks section. Vacate premise Orders of Protection may involve the exchange of property. These orders require the preparation of a case report. 2. If a domestic incident, proceeds with domestic incident response [See Section C]. assigned to a domestic C. Response to Domestic Incident Note: Report(s) of Domestic Incidents or Violence that occurred anywhere in New York State can and will be taken anywhere in Nassau County. 1. Identifies and separates all victims, witnesses, and potential offenders. 2. Takes control of all weapons that were used or threatened to be used and all potential weapons that pose a threat. 3. Renders aid [See OPS 1110] if necessary. Note: Special attention should be given to identify those who may not be directly involved in the domestic incident but may be victims of abuse or neglect, such as abused or neglected children, senior citizens, or disabled people. 4. Determines if anyone at the scene called the police. Note: The recording of the person who called the Police Department may be important to the investigation of the incident. 5. Conducts a complete and thorough preliminary investigation of the domestic incident. 6. Interviews those involved and any witnesses. Note: Children are often good witnesses and the source of valuable information. However, in high stress situations, minor children should not be asked or relied on to act as interpreters for Limited English Proficient (LEP) persons. [See OPS 3132] 7. Confers with the other officers at the scene and evaluates the available information to confirm a domestic incident occurred. 8. If a domestic incident did not occur, an arrest was not made, or a domestic incident case report was not taken, a. notifies CB of the nature of the incident, b. notifies the Desk Officer and requests permission to change call type, c. takes any necessary police action. [End of Procedure] 9. If a domestic incident did occur, conducts database checks of involved parties to obtain information regarding: Note: (1) Orders of Protection, (2) Wants and Warrants, (3) Pistol License, (4) Probation and Parole, (5) Driver’s License status, when applicable. NYS probation information may not be available in EJustice unless there is an associated warrant. 10. If an Order of Protection is involved, initiates the Orders of Protection and Court Orders Procedure [See OPS 5150] 11. If an Order of Protection was violated, [See Section D, Arrest Situations]. 12. If a check for Wants is positive, contacts agency or command seeking the subject and takes appropriate action. 13. If a Warrant check is positive, [See Section D, Arrest Situations]. 14. Initiates the Removal and Disposition of Weapons – Domestic Incidents Procedure [See OPS 10023] in the following situations: a. a police officer who responds to a report of a family offense may take temporary custody of any firearm, rifle, shotgun, electronic dart gun, electronic stun gun, disguised gun, imitation weapon, antique firearm, black powder rifle, black powder shotgun, or muzzle-loading firearm in plain sight or discovered pursuant to a consensual or other lawful search, b. there is a firearm, rifle, shotgun or any other weapon listed in step a. above, in the possession of any person arrested for the commission of a family offense or suspected of its commission, c. the continued presence of a firearm, rifle, shotgun, or any other weapon listed in paragraph a. poses a threat to the safety of an involved party, the safety of another person, or the safety of the public, or d. a license pistol holder is involved in the incident. 15. If a. prepares PDCN Form 162, Pistol License Incident Report, and b. immediately forwards PDCN Form 162 to Pistol License Section, and c. provides the Case Intake Operator with, or enters into records management system (RMS) narrative section, the pistol license information. a pistol license holder is involved: 16. If 18 years or older are on probation or parole: any of the adult parties involved in the domestic incident age a. ascertains the jurisdiction, b. provides the Case Intake Operator with, or enters into RMS narrative section, the probation / parole information. 17. If the domestic incident involves a cross complaint, [See Section E, Cross Complaints]. 18. Determines if there is a violation of law involving a child visitation dispute. Note: Child visitation disputes should be carefully investigated. These situations may constitute Custodial Interference and will require further action. 19. If there is a violation of law involving a child visitation dispute, [See Section D, Arrest Situations]. 20. If there is no violation of law involving a child visitation dispute, refers the dispute back to the originating court. 21. If the domestic incident involves the suspected abuse, maltreatment, or neglect of children, [See Section F, Domestic Incidents Involving Children]. 22. If the domestic incident involves law enforcement personnel, [See OPS 6313]. 23. Determines if the domestic incident involves any other arrest situations. Note: Note: Note: Arrests should not be made for larceny of property if the alleged offenders have equitable interests in the property. Consider if other charges, such as harassment or menacing, are appropriate. In an incident during which an offender prevents a victim from communicating a request for emergency assistance by taking a phone or other such equipment away from victim, or otherwise disables or removes such equipment, an arrest will be made for Criminal Mischief 4 ̊. Offender cannot claim their ownership interest in the equipment as a defense. In an incident during which an offender damages property in which the offender and victim both have ownership interest, an arrest will be made for Criminal Mischief. 24. If the domestic incident involves an arrest situation, [See Section D, Arrest Situations]. 25. Refers cases to the Detective Division that involve Aggravated Harassment 2 ̊ sub 1, where the subject intentionally harasses, annoys or alarms the victim, and no arrest was made. Note: When a true threat [See Definition] is involved, an arrest will be made. 26. Determines if Crime Scene Search Section (CSSS) is needed to document the domestic incident. 27. If CSSS is needed to document the domestic incident, initiates the Crime Scene Duties Procedure. [See OPS 8115] 28. If CSSS is not needed, but photographic evidence would enhance case preparation: a. uses RMP cell phone to obtain photos, and b. attaches photos to case report, or c. forwards photos to Detective Division to be attached to case report. 29. Prepares Division of Criminal Justice Services (DCJS) Form 3221, New York State Domestic Incident Report, and a. explains rights and, if applicable, the court options to the complainant/victim [See OPS 2131], b. provides the complainant/victim with one copy of DCJS Form 3221, c. reads the Notice of Victim’s Rights to the complainant/victim, if necessary. 30. Calls in, or enters into (RMS), the domestic incident information according to the Case Reports Procedure. [See OPS 8110] Note: Contrary to routine case reporting practice, domestic incident information should not be called in, or entered into RMS, from the scene of a domestic incident if doing so would be insensitive, offensive to those present at the scene, or counterproductive to the settlement of the incident. However, a preliminary case report may be generated from scene. 31. Includes the following situations in the narrative section of the report, if applicable: a. a non-arrest, in an incident involving reasonable cause to make an arrest, with an explanation of the actions taken, b. both parties were uncooperative with police or denied that a domestic incident occurred, c. the name of the Desk Officer or Patrol Supervisor notified of the above situations, d. a child is exposed to either of the following: (1) use or threatened use of unlawful physical force, (2) a situation that clearly endangers the physical, mental, or emotional well-being of the child, e. pistol license information, f. probation or parole information ascertained from the victim, subject and EJustice, g. case intake operator notified of the pistol license / probation / parole information. Note: DCJS Form 3221 and a case report will also be completed in the following situations: 1. application for emergency Family Court arrest warrants, 2. application for emergency temporary Orders of Protection, 3. enforcement of vacate premises Orders of Protection, 4. enforcement of Supreme Court orders, 5. child abuse cases involving household members, 6. child visitation disputes. 32. Advises the victim of the availability of shelters and other victim services in the community offered by The Safe Center. [See Definition] [See Appendix I] 33. Assists the victim in obtaining shelter and/or transportation to a safe location, if necessary.

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    38. Promptly reviews domestic incident case reports to ensure that they are complete and accurate. 39. Assigns the case to the precinct squad detective in the following situations: a. an offender will be arrested but cannot be located, b. an offender has been arrested and the charge(s) require Detective assistance, c. Aggravated Harassment 2 ̊ sub 1 PL § 240.30 is the crime and there was no arrest made, d. the incident occurred in another jurisdiction but was reported in the command. 40. Reviews DCJS Form 3221 and forwards to the precinct clerk.

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    D. Arrest Situations Police Officer 1. Effects a summary arrest of any offender, when there is reasonable cause to believe [See Glossary] any of the following took place [See Attachment A]: a. a crime was committed, b. a petty offense was committed in the Police Officer’s presence, c. the terms of an Order of Protection have been violated. [See OPS 5150] Note: CPL §140.10(4) and Department policy prohibit members from inquiring as to whether the victim seeks an arrest of an offender in any of the above listed situations. 2. Effects arrest of any person(s) with a warrant if: a. the warrant is active and has been confirmed with originating agency, and b. originating agency requests an arrest. 3. In cases regarding Penal Law Article 121, Strangulation and Related Offenses, [See Attachment A] arrests the subject when there is probable cause to believe that: a. the subject applied or threatened to apply pressure, manually or by foreign object, to the victim’s throat or neck, or b. the subject obstructed or threatened to obstruct a victim’s airway. Note: Probable cause can be supported by the presence of choking and strangulation indicators. [See Definition] Note: This does not preclude members from charging additional or more serious offenses, such as assault and aggravated criminal contempt, when appropriate. 4. Prepares page two of the current DCJS Form 3221, for all domestic incidents. Note: Note: Note: Note: Supporting Deposition section on page two of DCJS Form 3221 will be completed in all non-arrest cases. If it is determined an arrest will be made, a PDCN Form 32B will be prepared instead of Supporting Deposition on page two of DCJS 3221. The victim will always sign/date the Supporting Deposition section on page two of the DCJS Form 3221, even when a separate PDCN Form 32B has been prepared. The deposition of the victim and/or witnesses need only include a description of the specific unlawful behavior. Although recommended when possible, there is no requirement that PDCN Form 32B include a request for arrest. The date of birth for all persons referred to on PDCN Form 32B will be recorded immediately after their names. 5. If a summary arrest cannot be made due to lack of reasonable cause, [Go to step D.10]. 6. If the offender is not at scene, conducts a preliminary investigation aimed at locating and arresting the offender. This investigation should include the following: a. interviewing the victim and witnesses, b. searching the immediate area, c. responding to a known location of the offender. 7. If the offender is located, effects a summary arrest. [See OPS 2115] 8. Informs the victim and the offender of the following, if an arrest has been made: a. the criminal action is being initiated by the State and not by the victim, b. the victim will likely be contacted by a domestic violence agency related to the current police intervention. 9. If the offender is not located, notifies the Desk Officer for referral to the Detective Division. 10. Determines if the victim elects to make a civilian arrest, if applicable. Note: This determination should be made out of the presence of the offender. The civilian arrest will only be utilized in those situations where Police Officers cannot effect a summary arrest. 11. If the victim does elect to make a civilian arrest, [See Attachment A] E. Cross Complaints 1. Evaluates each complaint separately to identify the offending party. 2. If mutual physical force was used, evaluates the following to identify the primary physical aggressor [See Definition]: a. comparative nature of the parties’ injuries, b. any serious threats creating a fear of physical injury, c. knowledge of a prior history of violence between the involved parties, d. whether any party acted defensively to protect him or herself from injury. Police Officer Note: Note: A decision to arrest the primary physical aggressor does not prohibit the arrest of the other party at a later time. It also does not prevent the arrest of both parties when there is reasonable cause to believe a crime was committed or a petty offense was committed in the presence of the Police Officer. An arrest will not be made for acts which Police Officers have reasonable cause to believe were committed in self defense as per PL Article 35.00. the cross complaints [See Definition] involve an arrest 3. If situation, [See Section D, Arrest Situations]. F. Domestic Incidents Involving Children Police Officer 1. Initiates the Child Abuse/Neglect & Emergency Removal Procedure, [See OPS 9025], and notifies Nassau County Child Protective Services (CPS) via phone [See Appendix I] if: a. the child is exposed to: (1) the use or threatened use of unlawful physical force, (2) a situation that clearly endangers the physical, mental, or emotional well-being of the child, or b. there is reasonable cause to believe either of the following occurred: (1) a child has been abused or maltreated, or (2) a child has been abused or maltreated where the parent, guardian, or other person legally responsible for such child states, from personal knowledge, facts, conditions, or circumstances which, if correct, would render the child an abused or maltreated child. Note: New York State Social Services Law mandates referral in these situations by certain first responders. Department personnel who fall under this mandate include Police Officers and Police Medics. Note: Endangering the Welfare of a Child may be charged when abuse of the victim occurs in front of the child, the child need not be the direct recipient of abuse. 2. Notifies the Desk Officer. 3. If there is an arrest situation, [See Section D, Arrest Situations]. 5. Prepares NYS Office of Children and Family Services (OCFS) Form LDSS-2221A Report of Suspected Child Abuse or Maltreatment within 24 hours of the referral to CPS, and submits the original OCFS Form LDSS-2221A with the Domestic Incident paperwork. 6. Accesses any available resources and makes referrals, such as to The Safe Center, [See Appendix I] that might be necessary to ensure the child’s physical and emotional security. 7. Notes in the narrative section of the case report: a. whether or not CPS will be investigating and the name of CPS worker consulted, b. the assessment of, and the actions taken for, the child. 1. If the arrest would create an unintended or ineffective application of law, a. keeps the offender at the scene, b. consults with the Desk Officer or a Patrol Supervisor regarding the arrest. 3. Ensures that the case report narrative includes a detailed explanation of the incident and the actions taken. 4. If the supervisor directs an arrest, [See Section D, Arrest Situations]. 5. If the supervisor directs no arrest, includes a detailed explanation of the incident and the actions taken in the narrative section of the case report including the name of the supervisor consulted.

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    4. Ensures CPS was notified 8. Assigns the case to the precinct squad detectives, if CPS indicates they will be conducting an investigation. 9. Reviews OCFS Form LDSS-2221A and ensures a copy is emailed to, and the original is mailed to, Nassau County Child Protective Services. [See Appendix I] Note: The policy of the Department is to arrest when the law is violated in a domestic incident. The Department’s objective is to provide for the safety of victims through arrest intervention. In some rare and unusual cases, such a policy may create an unintended and ineffective application of law. 2. Evaluates the situation and directs the Police Officer regarding the arrest of the offender. Note: An arrest must be made in all situations when there is reasonable cause to believe one of the following crimes occurred: 1. a felony, 2. a family offense misdemeanor, 3. a violation of an Order of Protection, 4. a misdemeanor involving unlawful coercive/controlling behavior.

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    : a person’s outward representation of gender as expressed in various ways including, but not limited to, one’s name, choice of personalpronouns,andany otherexternal characteristics and behaviors that are socially viewed as masculine, feminine, or androgynous.

    Gender Expression

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    : a person’s internal, deeply-held sense of one’s gender which may be the same or different from one’s genderassigned at birth.

    Gender Identity

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    : adocumentissuedbyanauthorized government agency with personal information specific to an individual such as a driver’s license, passport, or a state identification card.

    Government Identification

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    refers to any person whose gender expression [See Definition] or gender identity [See Definition] is not exclusively male or female.

    Non-Binary Person

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    : refers to any person whose gender expression [See Definition] or gender identity [See Definition] differs from that person’sgenderassignedatbirth.

    Transgender Person

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    B. C. D. Stops and Questions 1. If an officer has reasonable suspicion that a person possesses a weapon and the officer is concerned for his/her safety, conducts a search. Note: A search for a weapon may be conducted by either a male or female officer, regardless of the subject’s anatomical s e x. Arrest of Transgender or Non-Binary Persons 1. Initiates the Arrest Processing procedure [See OPS 2115] if an arrest is warranted. 2. Conducts a search incident to arrest [See ART 17, Rule 6]. Note: Asearchincidenttoarrestmaybeconductedbyeithera male or female officer, regardless of the subject’s anatomical sex. 3. Transports arrestee to arrest processing location. Search and Detention of Transgender or Non-Binary Persons at Arrest Processing Location 1. Obtains government identification [See Definition] from the arrestee, if available. Note: Note: An arrestee’s gender will be classified on all arrest processing paperwork as it appears on the individual’s government identification. If the arrestee does not have government identification, officers should consider the arrestee’s gender to be the same as their gender expression. [See Definition]. If the arrestee expresses a gender identity [See Definition] that differs from the gender indicated on the government identification, note that gender identity in the arrest paperwork. 2. If the arrestee states a preferred name and/or pronouns, addresses the arrestee as such. The arrestee’s preferred name will be noted in the “aka” field of the arrest paperwork. 3. Informs arrestee that it is the policy of the Department to conductsame-sexsearches,asperthegenderindicated onthe government identification, unless the arrestee requests otherwise. Note: A search to solely determine gender is prohibited.

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    4. Considers arrestee’s government identification, if available. 5. Provides for second officer to assist/witness search. 6. If the arrestee requests an officer of a specific gender to conduct the search, assigns a Member of the Force of the requestedgender,if available. Note: The Department will make every reasonable effort to accommodate the arrestee’s request.

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    8. 9. Notes the following in the notes section of PDCN Form 79, Physical Condition of Defendant Questionnaire: a. the arrestee’s gender, as per government identification, b. the arrestee’s gender identity, if stated, c. the gender(s) of officers conducting the search, d. any accommodations made, or not made, and reasons therefore. Directs the arresting officer to secure the arrestee in a separate, secure holding location, if necessary, considering the privacy of all arrestees. 10. Ifnototherwisenecessary,directsthearrestingofficerto secure the arrestee with other arrestees based on their gender identity.

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    11. Confinesthearresteeinasecureholdinglocation. 12. When directed by the Desk Officer, transports the arrestee to Detention. Search and Detention of Transgender or Non-Binary Persons at Detention 1. Upon arrival at detention, secures the prisoner in the holding area, based on the prisoner’s gender identity. 2. Informs Desk Officer of transgender or non-binary status of the prisoner. 3. Addresses the prisoner by their preferred name and/or pronouns. 4. Informs the prisoner that it is the policy of the Department to conductsame-sexsearches,asperthegenderindicated onthe government identification, unless the prisoner requests otherwise. Note: The Department will make every reasonable effort to accommodate the prisoner’s request.

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    5. If the prisoner requests an officer of a specific gender to conduct the search, assigns a Member of the Force of the requestedgender,if available. Note: The Department will make every reasonable effort to accommodate the prisoner’s request. 7. Notes the following in the notes section of the PDCN Form 79: a. the arrestee’s gender, as per government identification, b. the arrestee’s gender identity, if stated, c. the gender(s) of officers conducting the search, d. any accommodations made, or not made, and reasons therefore. 8. Directs the Detention Police Officer to secure the prisoner: a. in a cell section based on the prisoner’s gender identity, or b. in a cell without other prisoners, if necessary.

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    8. Responds to the scene and assesses the situation. 9. Ensures compliance with the Domestic Incidents Procedure [See OPS 6310] regardless of the status or occupation of the parties involved. 10. Notifies the Desk Officer of the situation. 11. If the domestic incident involves a Member of the Force who is a Superior Officer, notifies a Member of the Force to respond to the scene who is of superior rank to the involved Member of the Force, if possible. 12. Directs or ensures the summary arrest of a Member of the Force [See OPS 2340] or other law enforcement officer, if there is reasonable cause to believe [See Glossary] any of the following took place: a. a crime was committed, b. a petty offense was committed in the presence of a Police Officer, c. the terms of an order of protection have been violated. [See OPS 5150] 13. Notifies Internal Affairs Unit (IAU) if there is reasonable cause to arrest a Member of the Force who has left scene. 14. Initiates the Removal and Disposition of Weapons Procedure [See OPS 10023], if there are firearms, rifles, or shotguns present. 15. Initiates the Removing a Member's Firearm Procedure [See ADM 1242], if a Member of the Force is arrested. 20. Ensures the confiscation or surrender of any firearms is noted on the applicable paperwork. 21. Ensures the Commanding Officer is notified of domestic incidents involving other law enforcement officers. 23. Prepares PDCN Form 102, Member of the Force Involved Domestic Situation Report. [See Section C] 24. Initiates the Department Level Review. [See Section D] 25. Meets with the Police Officers who respond to an in progress domestic incident involving a Member of the Force and ensures that they are aware that information will be shared only on a need-to-know basis. 25. Meets with the Police Officers who respond to an in progress domestic incident involving a Member of the Force and ensures that they are aware that information will be shared only on a need-to-know basis.

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    16. If a Member of the Force is arrested, immediately notifies the following: a. IAU, b. Commanding Officer of the precinct of occurrence, c. arrested member's Commanding Officer, d. Duty Officer. Desk Officer Patrol Supervisor Commanding Officer Patrol Supervisor a. Commanding Officer of the precinct of occurrence, as soon as practical, b. department or agency of the arrested law enforcement officer. 18. Immediately notifies the Commanding Officer of the precinct of occurrence of any other situation involving extenuating circumstances. 19. Ensures the completion of all required reports.

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    Preparation of PDCN Form 102 1. Gathers and reviews information on all domestic situations involving a Member of the Force coming to the attention of the Department. 2. Completes Parts A, B, and C of PDCN Form 102. 3. Contacts the Desk Officer for any notifications that were made relative to the situation. 4. Includes a detailed narrative on the form to give the reviewers of the form an informative view of the situation. 5. Includes the following information in the narrative, if an NCPD case report was not prepared: a. name, address, and phone number of the following: (1) otherpersonsinvolved, (2) witnesses, b. name of another police agency that responded to the incident, c. report numbers prepared by the other police agency. 6. Contacts the Office of the Chief of Department, and a. obtains the next control number, b. notes the number on PDCN Form 102. 7. If unable to contact the Office of the Chief of Department, excludes that number from PDCN Form 102. D. Department Level Review 1. Places the original PDCN Form 102 and copies of other paperwork in a sealed envelope and forwards to the Commanding Officer.

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