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NURSES, NURSE PRACTITIONERS, AND PHYSICIANS. THE NUMBER OF SUCH STAFF
AND ANY ADDITIONAL STAFF SHALL BE DETERMINED BY THE AUTHORITY, THE
COMMAND CHIEF, OR AUTHORIZED REPRESENTATIVES THEREOF. ANY EMPLOYEE
PROVIDING MEDICAL, LEGAL, OR OTHER SERVICES REQUIRING LICENSURE SHALL BE
DULY LICENSED TO DO SO IN THIS STATE. ANY MEMBER OF THE COMMAND FORCE
SHALL HAVE ONE OR MORE OF THE FOLLOWING QUALIFICATIONS:
(I) A BACCALAUREATE DEGREE IN SOCIAL WORK OR SUBSTANTIALLY RELATED
FIELD AND THREE YEARS OF EXPERIENCE IN HOMELESSNESS INTERVENTION
SERVICES;
(II) A MASTER'S DEGREE OR HIGHER IN SOCIAL WORK OR SUBSTANTIALLY
RELATED FIELD AND TWO YEARS OF EXPERIENCE IN HOMELESSNESS INTERVENTION
SERVICES;
(III) LICENSURE AS A CLINICAL OR MASTER SOCIAL WORKER AND TWO YEARS OF
EXPERIENCE IN HOMELESSNESS INTERVENTION SERVICES; OR
(IV) A FORMERLY UNHOUSED PERSON WITH AT LEAST FIVE YEARS OF EXPERIENCE
IN HOMELESSNESS INTERVENTION SERVICES.
3. (A) MEMBERS OF THE SAFETY COMMAND FORCE SHALL BE KNOWN AS "SAFETY
OFFICERS". EACH MEMBER OF SUCH COMMAND FORCE SHALL BE A "POLICE OFFICER"
FOR THE PURPOSES OF THE CRIMINAL PROCEDURE LAW, WITH ALL OF THE POWERS
OF SUCH POLICE OFFICERS THEREUNDER AND SUBJECT TO THE SAME JURISDIC-
TIONAL PROVISIONS ON THE EXERCISE OF THAT POWER AS SET FORTH IN SUCH
LAW; PROVIDED, HOWEVER, THAT SUCH OFFICERS SHALL NOT BE AUTHORIZED TO
CARRY FIREARMS. THE GEOGRAPHICAL AREA OF EMPLOYMENT OF SUCH POLICE
OFFICERS FOR THE PURPOSES OF THE CRIMINAL PROCEDURE LAW SHALL EMBRACE
THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN SECTION
TWELVE HUNDRED SIXTY-TWO OF THIS TITLE. SUCH COMMAND FORCE SHALL HAVE
THE POWER, IN AND ABOUT ANY OR ALL OF THE FACILITIES OWNED, OCCUPIED
AND/OR OPERATED BY THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS, THE
NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES, AND THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY, AS DETERMINED IN THE DISCRETION OF THE
AUTHORITY, TO ENFORCE AND PREVENT VIOLATION OF ALL LAWS AND ORDINANCES.
NOTHING IN THIS SECTION SHALL CONFER UPON THE COMMAND FORCE OR UPON
THEIR COLLECTIVE NEGOTIATIONS REPRESENTATIVES EXCLUSIVE JURISDICTION OR
CLAIM OVER THE EXERCISE OF POLICE POWER OR SECURITY WORK ON BEHALF OF
THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS, THE NEW YORK CITY TRANSIT
AUTHORITY AND ITS SUBSIDIARIES, AND THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY. NOTHING IN THIS SECTION SHALL LIMIT THE AUTHORITY AND ITS
SUBSIDIARY CORPORATIONS, THE NEW YORK CITY TRANSIT AUTHORITY AND ITS
SUBSIDIARIES, AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FROM
CONTINUING TO RELY ON LOCAL POLICE FOR POLICE SERVICES.
(B) SELECTION OF SAFETY OFFICER CANDIDATES SHALL BE MADE PURSUANT TO
AN EXAMINATION PROCESS TO BE DETERMINED AT THE DISCRETION OF THE AUTHOR-
ITY, AND CANDIDATES MUST RECEIVE A CERTIFICATE ATTESTING TO SATISFACTORY
COMPLETION OF AN APPROVED MUNICIPAL POLICE BASIC TRAINING PROGRAM, AS
DESCRIBED IN SECTION TWO HUNDRED NINE-Q OF THE GENERAL MUNICIPAL LAW.
SUCCESSFUL APPLICANTS SHALL HAVE ONE OR MORE OF THE FOLLOWING QUALIFICA-
TIONS:
(I) A BACCALAUREATE DEGREE IN SOCIAL WORK OR SUBSTANTIALLY RELATED
FIELD AND THREE YEARS OF EXPERIENCE IN HOMELESSNESS INTERVENTION
SERVICES;
(II) A MASTER'S DEGREE OR HIGHER IN SOCIAL WORK OR SUBSTANTIALLY
RELATED FIELD AND TWO YEARS OF EXPERIENCE IN HOMELESSNESS INTERVENTION
SERVICES;
(III) LICENSURE AS A CLINICAL OR MASTER SOCIAL WORKER AND TWO YEARS OF
EXPERIENCE IN HOMELESSNESS INTERVENTION SERVICES; OR
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(IV) A FORMERLY UNHOUSED PERSON WITH AT LEAST FIVE YEARS OF EXPERIENCE
IN HOMELESSNESS INTERVENTION SERVICES.
(C) THE AUTHORITY SHALL PROVIDE FOR A RETIREMENT PLAN CONSISTENT WITH
THAT OF THE AUTHORITY POLICE FORCE, PROVIDED FOR IN SECTION TWELVE
HUNDRED SIXTY-SIX-H OF THIS TITLE.
(D) NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH, SUSPEND OR
ABOLISH AN EXISTING BENEFIT INURED TO A POLICE OFFICER, TRANSFERRED FROM
THE AUTHORITY POLICE FORCE AND SUBJECT TO THE PROVISIONS OF THIS SECTION
IN AND TO THE RIGHTS, PRIVILEGES OR STATUS PREVIOUSLY EARNED WITHIN A
PENSION OR RETIREMENT SYSTEM OF WHICH THEY WERE A MEMBER IMMEDIATELY
PRIOR TO THE ENACTMENT OF THIS SECTION; AND ANY SUCH EXISTING RIGHT,
PRIVILEGE OR STATUS SHALL SURVIVE THE EFFECT OF ANY DECISIONS OR DETER-
MINATIONS LAWFULLY MADE IN ACCORDANCE WITH THE PROVISIONS HEREOF SO LONG
AS SUCH RIGHT, PRIVILEGE OR STATUS IS GREATER IN BENEFIT TO THAT WHICH
WOULD BE IMPOSED OR IMPUTED TO ANY SUBJECT OFFICER AS A RESULT OF
ACTIONS OF THE AUTHORITY AUTHORIZED IN THIS SECTION.
(E) A POLICE OFFICER MAY REMOVE A PERSON FROM ANY TRANSPORTATION
FACILITY PURSUANT TO SUBDIVISION THREE OF SECTION 240.35 OF THE PENAL
LAW; PROVIDED, HOWEVER, THAT ONLY A SAFETY OFFICER, OR AN EMPLOYEE OR
OTHER AGENT OF THE STATE OR THE CITY OF NEW YORK WITH EXPERTISE IN HOME-
LESSNESS INTERVENTION SERVICES OR BEHAVIORAL HEALTH, MAY REMOVE A PERSON
WHO LOITERS OR REMAINS IN ANY TRANSPORTATION FACILITY FOR THE PURPOSE OF
USING SUCH FACILITY AS A DOMICILE, TEMPORARY RESIDENCE, OR OVERNIGHT
SHELTER. AT THE TIME OF REMOVAL, SUCH PERSON SHALL BE PROVIDED TRANSPOR-
TATION TO A SUBWAY SAFETY COMMAND CENTER, WHERE SUCH PERSON SHALL BE
OFFERED AND RECEIVE ACCESS TO A SINGLE ROOM OCCUPANCY UNIT, AS DEFINED
BY SUBDIVISION FIVE OF SECTION FORTY-FIVE OF THE SOCIAL SERVICES LAW, OR
UNIT FOR ONE FAMILY, AS WELL AS PROVISION OF SERVICES INCLUDING BUT NOT
LIMITED TO HEALTHCARE, MENTAL HEALTHCARE, ADDICTION SERVICES, EDUCATION,
AND EMPLOYMENT. FOR THE PURPOSES OF SUCH SERVICE PROVISION, THERE SHALL
BE A PRESUMPTION OF ELIGIBILITY TO THE MAXIMUM EXTENT POSSIBLE AND
CONFIRMATION OF ELIGIBILITY SHALL OCCUR SUBSEQUENT TO PROGRAM ADMISSION.
4. THE AUTHORITY SHALL APPOINT A CHIEF WHO SHALL DESIGNATE ONE OR MORE
DEPUTY CHIEFS OF THE SAFETY COMMAND FORCE, AND ASSIGN POWERS AND DUTIES
TO THEM AND FIX THEIR COMPENSATION. THE CHIEF SHALL BE THE HEAD OF SUCH
COMMAND FORCE. ONE DEPUTY CHIEF DESIGNATED BY THE CHIEF SHALL POSSESS
ALL THE POWERS AND PERFORM ALL THE DUTIES OF THE CHIEF DURING THE
CHIEF'S ABSENCE OR DISABILITY.
§ 1266-O. SAFETY COMMAND CENTERS. 1. (A) EACH BOROUGH OF NEW YORK CITY
IN WHICH THE AUTHORITY OPERATES A SUBWAY SYSTEM SHALL HAVE ONE OR MORE
SAFETY COMMAND CENTERS OPERATING EITHER IN OR ADJACENT TO A SUBWAY
STATION, AS SPACE AND OTHER FACTORS PERMIT, OPERATED AND STAFFED BY THE
SAFETY COMMAND, PURSUANT TO SECTION TWELVE HUNDRED SIXTY-SIX-N OF THIS
TITLE. SAFETY COMMAND CENTERS SHALL CONDUCT INTAKE OF INDIVIDUALS FOR
HOMELESS INTERVENTION SERVICES; COLLECT AND MONITOR DATA IN REAL TIME
PURSUANT TO THE MISSION OF THE COMMAND; AND DISPATCH POLICE OFFICERS OF
THE COMMAND FORCE AND OTHERS TO RESPOND TO INCIDENTS OR AREAS WITH
INCREASED NEED.
(B) ANY INDIVIDUAL IN NEED MAY SEEK ASSISTANCE FROM COMMAND CENTERS.
COMMAND CENTERS SHALL PROVIDE ASSISTANCE TO ANY INDIVIDUAL WHO IS
BROUGHT TO THE COMMAND CENTER PURSUANT TO PARAGRAPH (E) OF SUBDIVISION
FOUR OF SECTION TWELVE HUNDRED SIXTY-SIX-N OF THIS TITLE AND SUBDIVISION
THREE OF SECTION 240.35 OF THE PENAL LAW. HOMELESSNESS INTERVENTION
SERVICES MAY BE PROVIDED BY THE COMMAND CENTER DIRECTLY OR IN CONJUNC-
TION WITH THE NEW YORK CITY DEPARTMENT OF HOMELESS SERVICES OR OTHER
CITY OR STATE ENTITIES. INDIVIDUALS SHALL NOT BE CONSIDERED IN THE
A. 8042 4
CUSTODY OF THE STATE OR CITY AND SHALL BE FREE TO LEAVE AT ANY TIME;
HOWEVER, STAFF MAY ENCOURAGE INDIVIDUALS TO RECEIVE MEDICAL, MENTAL
HEALTH, HOUSING, OR OTHER SERVICES. IF AN INDIVIDUAL POSES A THREAT TO
THEMSELF OR OTHERS, SUCH INDIVIDUAL MAY BE COMMITTED FOR PSYCHIATRIC
EVALUATION OR DETAINED, AS APPROPRIATE, PURSUANT TO RULES AND PROTOCOLS
TO BE PROMULGATED BY THE COMMAND. WHERE POSSIBLE, INTERVENTION SERVICES
SHALL BE PRIORITIZED OVER DETENTION OR COMMITMENT.
(C) IF AN INDIVIDUAL IS MOVED TO A DIFFERENT LOCATION, SUCH INDIVIDUAL
SHALL BE ESCORTED BY AT LEAST ONE NON-OFFICER STAFF MEMBER AND MAY ALSO
BE ESCORTED BY AN OFFICER, IF NECESSARY, AND SHALL BE PROVIDED FREE
TRANSPORTATION TO SUCH LOCATION. INDIVIDUALS SHALL BE ALLOWED TO KEEP
THEIR BELONGINGS TO THE FULLEST EXTENT PRACTICABLE. INDIVIDUALS WHO ARE
NOT UNDER ARREST SHALL BE REMINDED THAT THEY ARE NOT UNDER ARREST OR IN
CUSTODY AND OF THEIR RIGHT TO REFUSE SERVICES. IF AN INDIVIDUAL WISHES
TO REFUSE SERVICES, STAFF MEMBERS MAY ENCOURAGE SUCH PERSON TO ACCEPT
SERVICES AND INFORM SUCH PERSON OF THE RISKS OF REFUSING SERVICES.
2. THE SUBWAY SAFETY COMMAND SHALL DEVELOP DE-ESCALATION TRAINING FOR
OFFICERS WHO PATROL THE TRANSIT SYSTEM, INCLUDING THE SAFETY COMMAND
FORCE, AUTHORITY POLICE FORCE, AND NEW YORK POLICE DEPARTMENT OFFICERS
ASSIGNED TO THE SUBWAY SYSTEM. SUCH TRAINING SHALL BE DESIGNED TO
ADDRESS THE UNIQUE CHARACTERISTICS AND OPERATIONS OF SUCH PATROLLING,
WITH A PARTICULAR FOCUS ON VIOLENT SITUATIONS IN THE CONTEXT OF THE
SUBWAY SYSTEM AND SITUATIONS THAT COULD ESCALATE INTO VIOLENCE, ESPE-
CIALLY IN THE CONTEXT OF HOMELESSNESS INTERVENTION. SUCH TRAINING SHALL
INCLUDE, BUT NEED NOT BE LIMITED TO, RECOGNITION AND UNDERSTANDING OF
MENTAL ILLNESS AND DISTRESS, EFFECTIVE COMMUNICATION SKILLS, AND
CONFLICT DE-ESCALATION TECHNIQUES. SUCH TRAINING SHALL ALSO INCLUDE
CULTURAL COMPETENCE IN THE CONTEXT OF HOMELESSNESS. THE DEPARTMENT SHALL
PROVIDE SUCH TRAINING TO EACH OFFICER NO LESS FREQUENTLY THAN ONCE EVERY
THIRD CALENDAR YEAR, AND SUCH TRAINING SHALL BE REGULARLY UPDATED TO
INCLUDE METHODS THAT HAVE PROVEN EFFECTIVE AND ELIMINATE METHODS THAT
HAVE PROVEN INEFFECTIVE.
3. THE SUBWAY SAFETY COMMAND SHALL INSTITUTE AN ELECTRONIC REPORTING
SYSTEM FOR USE BY THE GENERAL PUBLIC. THERE SHALL BE QUICK-RESPONSE
CODES POSTED PROMINENTLY WITHIN EVERY SUBWAY CAR AND ON EVERY PLATFORM
WHICH, ONCE SCANNED, WILL LINK TO SUCH REPORTING SYSTEM. POSTED WITH
SUCH QUICK-RESPONSE CODES SHALL BE THE PLATFORM OR TRAIN AND CAR NUMBER
OR IDENTIFIER CLEARLY PRINTED IN A FONT AND FONT SIZE LARGE ENOUGH TO BE
READ BY THE AVERAGE PERSON AT LEAST FIFTY FEET AWAY. SUCH REPORTING
SYSTEM SHALL BE MONITORED BY COMMAND CENTER PERSONNEL AT ALL TIMES THE
CENTER IS OPERATING. WHEN A COMPLAINT IS RECEIVED, IT SHALL BE FORWARDED
TO THE PROPER DEPARTMENT WITHIN THE COMMAND AND TAKEN CARE OF AS SOON AS
PRACTICABLE, RELATIVE TO THE TYPE AND SEVERITY OF THE REPORT. THE SYSTEM
SHALL ALLOW AND ENCOURAGE RIDERS TO REPORT ISSUES, INCLUDING BUT NOT
LIMITED TO:
(A) VIOLATIONS OF POSTED SUBWAY RULES;
(B) PANHANDLING;
(C) VIOLENCE OR THREATS OF VIOLENCE;
(D) CRIMINAL ACTIVITY;
(E) COMPLAINTS ABOUT OFFICER OR EMPLOYEE BEHAVIOR, INCLUDING USE OF
FORCE;
(F) DAMAGED SUBWAY OR STATION PROPERTY, INCLUDING GRAFFITI, FAULTY
TURNSTILES OR ENTRANCES AND EXITS, ELEVATOR OUTAGES, AND BROKEN, SLIP-
PERY, OR OTHERWISE DANGEROUS FLOORING, TILES, BENCHES, STAIRWELLS, OR
RAILINGS;
(G) SANITATION CONCERNS, INCLUDING BIOHAZARDS;
A. 8042 5
(H) OTHER SAFETY CONCERNS; AND
(I) PERSONS IN NEED OF MEDICAL ASSISTANCE.
4. (A) THE SUBWAY SAFETY COMMAND SHALL KEEP RECORDS AND DATA REGARDING
THE USE AND EFFECTIVENESS OF THE SUBWAY SYSTEM, INCLUDING BUT NOT LIMIT-
ED TO FARE COMPLIANCE; CUSTOMER COMPLAINTS; SAFETY CONCERNS; POLICE
OFFICER INTERACTION WITH THE PUBLIC; AND THE EFFICACY OF HOMELESSNESS
INTERVENTION SERVICES OFFERED BY THE COMMAND.
(B) SUCH DATA SHALL BE ACCESSIBLE BY THE AUTHORITY, THE DEPARTMENT OF
TRANSPORTATION, AND THE SUBWAY IMPROVEMENT TASK FORCE, ESTABLISHED BY
SECTION TWELVE HUNDRED SIXTY-SIX-P OF THIS TITLE, AT ANY TIME.
(C) NOT LESS THAN ONCE EVERY SIX MONTHS, THE COMMAND, THE AUTHORITY
POLICE FORCE, AND THE NEW YORK CITY POLICE DEPARTMENT SHALL DEVELOP A
PATROL AND DEPLOYMENT PLAN FOR POLICE, SOCIAL WORKERS, AND OTHER INDI-
VIDUALS ENGAGED IN HOMELESSNESS INTERVENTION BASED ON THE EFFICACY OF
PREVIOUS SUCH PLANS. SUCH PLANS SHALL MINIMIZE OVER-TIME SCHEDULING AND
DEPLOYMENT OF NEW YORK CITY POLICE DEPARTMENT OFFICERS IN THE SUBWAY
SYSTEM AND SHALL MAXIMIZE UTILIZATION OF SAFETY COMMAND OFFICERS AND
PERSONNEL AND COMMAND SERVICES.
§ 1266-P. SUBWAY IMPROVEMENT TASK FORCE. THE AUTHORITY SHALL CREATE A
TASK FORCE THAT WILL CONDUCT A THOROUGH STUDY OF THE DESIGN AND LAYOUT
OF SUBWAY STATIONS IN ORDER TO IMPROVE SAFETY AND RIDER EXPERIENCE. SUCH
STUDY SHALL CULMINATE IN RECOMMENDATIONS TO IMPROVE THE EXISTING
STATIONS AND PROVIDE GUIDANCE FOR THE CONSTRUCTION OF NEW STATIONS. THE
GOAL OF SUCH RECOMMENDATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO,
IMPROVING OPEN SIGHTLINESS AND REDUCING VISIBLE OBSTRUCTIONS FOR RIDERS
AND PERSONNEL, ENSURING ALL AREAS ARE WELL-LIT, CLEARLY MARKING AND
RESTRICTING ACCESS TO NON-PUBLIC AREAS, USING DURABLE MATERIALS TO
REDUCE THE RISK OF AND COSTS ASSOCIATED WITH VANDALISM, AND MAKING THE
STATIONS CONDUCIVE TO THE ORDERLY FLOW OF FOOT TRAFFIC, INCLUDING CLEAR
DIRECTIONAL SIGNAGE, MINIMAL CHOKEPOINTS, AND PLATFORM ACCESSIBILITY.
SUCH TASK FORCE SHALL CONTINUE TO STUDY AND MAKE RECOMMENDATIONS TO
IMPROVE THE SUBWAY SYSTEM UNTIL DISBANDED OR OTHERWISE INSTRUCTED BY THE
DEPARTMENT OR THE LEGISLATURE.
§ 3. Section 240.35 of the penal law, subdivision 5 as separately
amended by chapters 350 and 395 of the laws of 2001 and subdivision 6 as
renumbered by chapter 446 of the laws of 1978, is amended to read as
follows:
§ 240.35 Loitering.
A person is guilty of loitering when [he] SUCH PERSON:
[2.] 1. Loiters or remains in a public place for the purpose of gambl-
ing with cards, dice or other gambling paraphernalia; or
[5.] 2. Loiters or remains in or about school grounds, a college or
university building or grounds or a children's overnight camp as defined
in section one thousand three hundred ninety-two of the public health
law or a summer day camp as defined in section one thousand three
hundred ninety-two of the public health law, or loiters, remains in or
enters a school bus as defined in section one hundred forty-two of the
vehicle and traffic law, not having any reason or relationship involving
custody of or responsibility for a pupil or student, or any other
specific, legitimate reason for being there, and not having written
permission from anyone authorized to grant the same or loiters or
remains in or about such children's overnight camp or summer day camp in
violation of conspicuously posted rules or regulations governing entry
and use thereof; or
[6.] 3. (A) Loiters or remains in any transportation facility, unless
specifically authorized to do so, for the purpose of USING SUCH FACILITY
A. 8042 6
AS A DOMICILE, TEMPORARY RESIDENCE, OR OVERNIGHT SHELTER, soliciting or
engaging in any business, trade or commercial transactions involving the
sale of merchandise or services, or for the purpose of entertaining
persons by singing, dancing or playing any musical instrument[; or].
(B) FOR THE PURPOSES OF ENFORCEMENT OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, A POLICE OFFICER MAY REMOVE SUCH PERSON FROM ANY TRANSPORTATION
FACILITY; PROVIDED, HOWEVER, THAT ONLY A SAFETY OFFICER, OR AN EMPLOYEE
OR OTHER AGENT OF THE STATE OR THE CITY OF NEW YORK WITH EXPERTISE IN
HOMELESSNESS INTERVENTION SERVICES OR BEHAVIORAL HEALTH, MAY REMOVE A
PERSON WHO LOITERS OR REMAINS IN ANY TRANSPORTATION FACILITY FOR THE
PURPOSE OF USING SUCH FACILITY AS A DOMICILE, TEMPORARY RESIDENCE, OR
OVERNIGHT SHELTER, AND SUCH PERSON SHALL BE OFFERED AND RECEIVE ACCESS
TO SERVICES PURSUANT TO SECTION TWELVE HUNDRED SIXTY-SIX-N OF THE PUBLIC
AUTHORITIES LAW.
Loitering is a violation.
§ 4. Subdivisions 3 and 4 of section 1279 of the public authorities
law, as added by chapter 427 of the laws of 1983, paragraph (a-1) of
subdivision 4 as amended by section 15 of part BBB of chapter 59 of the
laws of 2021 and paragraph (e) of subdivision 4 as amended by chapter
322 of the laws of 1985, are amended to read as follows:
3. The inspector general shall have full and unrestricted access to
all records, information, data, reports, plans, projections, matters,
contracts, memoranda, correspondence and any other materials of the
authority and its subsidiaries, THE SUBWAY SAFETY COMMAND, the Long
Island [railroad] RAIL ROAD, metro-north railroad, metropolitan suburban
bus authority and Staten Island rapid transit operating authority, of
the Triborough bridge and tunnel authority, and of the New York city
transit authority and its subsidiary, the Manhattan and Bronx surface
transit operating authority, or any other agency that may come under the
control of the authority, or within their custody or control.
4. The inspector general, notwithstanding the provisions of title nine
of this article and this title, and of title three of article three OF
THIS CHAPTER, shall have the following functions, powers and duties:
(a) to receive and investigate complaints from any source or upon
[his] SUCH INSPECTOR'S own initiative concerning alleged abuses, frauds
and service deficiencies, including deficiencies in the maintenance and
operation of facilities, relating to the authority and its subsidiaries
as listed in subdivision two [above] OF THIS SECTION, THE SUBWAY SAFETY
COMMAND, the Triborough bridge and tunnel authority and the New York
city transit authority and its subsidiary;
(a-1) to receive and investigate complaints from any source, or upon
[his or her] SUCH INSPECTOR'S own initiative, concerning allegations of
corruption, fraud, use of excessive force, criminal activity, conflicts
of interest or abuse by any police officer under the jurisdiction of the
office of the metropolitan transportation authority OR THE SAFETY
COMMAND FORCE and promptly inform the division of criminal justice
services, in the form and manner as prescribed by the division, of such
allegations and the progress of investigations related thereto unless
special circumstances require confidentiality. Nothing in this para-
graph shall require the division of criminal justice services to partic-
ipate in the investigation of such allegations or take action or prevent
the division of criminal justice services from taking action authorized
pursuant to subdivision three of section eight hundred forty-five of the
executive law in the time and manner determined by the commissioner of
the division of criminal justice services[.];
A. 8042 7
(b) to initiate such reviews as [he] may [deem] BE DEEMED appropriate
of the operations of the authority and its subsidiaries as listed in
subdivision two [above] OF THIS SECTION, THE SUBWAY SAFETY COMMAND, the
Triborough bridge and tunnel authority, or the New York city transit
authority and its subsidiary, in order to identify areas in which
performance might be improved and available funds used more effectively;
(B-1) TO DISPATCH PERSONNEL OR OTHER AGENTS OF THE OFFICE TO DETERMINE
COMPLIANCE OF BEST PRACTICES BY INDIVIDUALS UNDER THE DIRECTION OF OR
WORKING IN CONJUNCTION WITH THE SUBWAY SAFETY COMMAND; SUCH PERSONNEL OR
AGENTS SHALL NOT BE REQUIRED TO BEAR ANY IDENTIFYING INDICIA AND MAY
HAVE ATTIRE OR A MANNER OF CONDUCT CONSISTENT WITH A PERSON WITH A
MENTAL DISABILITY OR HOMELESS PERSON;
(c) to recommend remedial actions to be taken by the authority and its
subsidiaries as listed in subdivision two of this section, THE SUBWAY
SAFETY COMMAND, the Triborough bridge and tunnel authority, and the New
York city transit authority and its subsidiary, to overcome or correct
operating or maintenance deficiencies and inefficiencies that [he] SUCH
INSPECTOR determines to exist;
(d) to make available to appropriate law enforcement officials infor-
mation and evidence which relate to criminal acts [that he may obtain]
OBTAINED in carrying out [his] THE duties OF THE INSPECTOR GENERAL UNDER
THIS SECTION;
(e) to subpoena witnesses, administer oaths or affirmations, take
testimony and compel the production of such books, papers, records and
documents as [he] may [deem] BE DEEMED to be relevant to any inquiry or
investigation undertaken pursuant to this section and to delegate such
powers to a duly authorized deputy inspector general;
(f) to monitor the implementation by the authority and its subsid-
iaries, THE SUBWAY SAFETY COMMAND, the [Triborugh] TRIBOROUGH bridge and
tunnel authority and the New York city transit authority and its subsid-
iary of recommendations made by the inspector general or other audit
agencies; and
(g) to do all things necessary to carry out the functions, powers and
duties set forth in this section.
§ 5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.