Police Reform and Reinvention Committee
May 2021 Report
Issue: New Paltz Equity and Race Relations Committee –
STATUS: As reported in April 2021 report, our Committee will no longer focus on this since it is not directly related to policing nor criminal justice issues and may overlap with the anti-racism work described in the EO203 Reimagining Police in New Paltz Plan (the EO203 Plan). The U-Act PRRC has not received a reply from Dan Torres so there is no indication if, nor when, the town will take it up. If the town pursues the creation of a New Paltz Equity and Race Relations Committee, the U-Act PRRC will advise accordingly.
Issue: EO 203 – Advocacy
STATUS: No change. The New Paltz Town Board (Board) accepted the EO 203 Plan on April 1, 2021 and has not taken any public action since. A brief discussion at the second of the two monthly meetings, Board members indicated that the Board will likely first act on the EO203 Plan’s recommendation to re-establish a Civilian Police Commission (Commission) instead of the current practice of having the NPTB acting as the Commission.
BACKGROUND: The EO203 plan presented a vision of changing the police focus from law enforcement to public safety and changing the culture of the town and the police department to combat racism. The recommendations included a focus on intensive use of training for racial discrimination awareness and use of body cameras; descriptions of the ideal police officer, “Specialist Police, recruitment interview questions, a few accountability measures for police (i.e. a Civilian Police Commission, data collection requirements and discipline matrix), and a time-table for completion of each recommendation.” The U-Act PRRC has shared a critique of the Plan.
Changing the model of policing from a law enforcement model to a public safety model limits the potential for directly and immediately improving the community safety needs of those most effected by policing. The adoption of this model increases the cost of policing, adopts a value of continued proliferation of over-policing in our community and seeks to encourage more interaction between police and people of color and other groups affected by over-policing (i.e. the lower income people in our housing complexes). Adoption of this model accepts providing the police department and police officers more resources as opposed to redirecting resources to those most affected by policing. This latter model is what Black leaders and people of color advocating for police reform have been demanding (i.e. Black Lives Matters, Poor Peoples Campaign, The Movement for Black Lives and Campaign Zero). We support long standing African-Americans and their leaders who have criticized over-policing (and under-policing in areas of high crime). We are not a high crime area, very few violent crimes and, as such, a safe community. The Plan does not include data on the level of policing, the nature of police activity in our town, nor any discussion or data on the cost of policing. Our Committee analysis did so and provided conclusive evidence of over-policing and its corollary budgetary impact. (See attached Coalition Booklet 4 and NP4RB). There is no danger of under-policing since crime and personal safety are not issues but over-policing is. Our Committee recommends prioritizing use of community safety and wellbeing. Consequently, the U-Act PRRC recommends redirecting, through attrition, 25% of the Police Department budget to the New Paltz Office of Community Wellness.
The U-Act PRRC accepts the need to change the culture of the town and police department to combat racism as a laudable long-term goal but cannot support spending the resources needed in the short and long term. Experiences of communities of color with police reform training efforts demonstrates short and long-term ineffectiveness in changing trainee behavior. The goal will is very unlikely to be brought to fruition without a sustained priority, massive infusion of money and complete public buy-in. Societal conditions, political focus, and demographic factors (i.e. mobility, racial and ethnic composition, and economic status) will likely overpower the outcome sought by this part of the Plan. Training is inefficient and found to not change police behavior (New York City and Great Britain recently documented this in their recent study. Minimally, such measures must be paired with strong accountability measures. Consequently, the U-Act PRRC recommends that the NPTB rely on stronger accountability measures and minimally on awareness training.
ACTIONS for week of May 2, 2021:
ACTION 1: Sign the Petition and share it widely to your contacts in New Paltz and the surrounding area. This is the link. A copy of the petition is attached
ACTION 2 Attend the NPTB Meeting of May 6, 2021 at 7 pm to ask for clarification of the implementation process for the EO203 Plan .
We are asking U-Act members to attend the Town Board to speak to the issues of the Plan. Talking points
1. When will the TB hold a public hearing on the details of the report/
2. How will the TB allow and then incorporate Public comments about the process
3. We need a clear statement on the Police Commission, Town Board and any Civilian Review.
4.. How will the Civilian Review Board be structured?
5. How will you ensure the CRB be selected with independent functioning?
6. Will you allow a process that organizes a public self-selection process that requires members to be People of Color and/or people with a demonstrated long history of working against institutional racism?
7. Will the TB create the law that says the CRB cannot be abolished?
8. Will the TB create the law that mandates an independent Civilian Review Board?
U-Act PRRC 2021-2022 Legislative Priorities: No changes for month of May.
During the month, our Committee members participated in various zoom meetings to support the legislative priorities butfocused on coalition building with the Poor Peoples Campaign, Nobody Leaves Mid-Hudson, Ulster Democratic Socialist, Hudson Valley Democratic Socialists and EO203 NY State Network.
A. LESS IS MORE COMMUNITY SUPERVISION REVOCATION ACT
"relates to the revocation of community supervision" to restrict the use of technical violations of parole
"Ensures the Department of Corrections and Community Supervision focuses
resources on helping people successfully complete community supervision
and avoid any future return to DOCCS custody or supervision".
"Modifies the standard of evidence and certain other procedures when determining whether to revoke the community supervision of a person"
Bills: S1144 Benjamin A5576 Forrest
Status: Unchanged (Senate Finance Committee/Assembly Corrections Committee)
Resources:
Katal Center -Less Is More New York
ACTION – Email state legislators and governor supporting LessIsMore Community Supervision Act – April 12 Script to be provided
ACTION – Email UC Sheriff Juan Figueroa to support LessIsMore,- Do the Ask- April 19 Script to be provided
B. ELDER PAROLE (RAPP- Release Aging People in Prison)
"Allows for the consideration of parole release for people aged 55 and older who have served at least 15 consecutive years in prison".
Bill: S15 Hoylman A3475 De la Rosa:
Status: Official status is unchanged (Senate Crime Victims, Crime and Corrections Committee/Assembly Correction Committee) but is generating more activist advocacy for passage during this legislative session.
Resources: Aging In Prison
ACTION: Email state legislators and governor asking to support Elder Parole – April 26 Script will be provided;
ACTION: Sign on to a letter to the editor because you are supporting Elder Parole – May 3 Letter and/or talking points will be provided
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C. FAIR AND TIMELY PAROLE
"Relates to findings of the state board of parole necessary for discretionary release of incarcerated persons on parole"; the act mandates that the Parole Board release any incarcerated person who is eligible for release on parole, unless that person presents a current risk that cannot be reduced by parole supervision in New York State.
Status: Unchanged (Senate Crime Victims, Crime and Corrections Committee/Assembly Correction Committee)
Resources: Parole - Time to Fix It
ACTION: Sign the Petition to Support the Fair and Timely Parole Act – April 12
ACTION: Call state legislators and governor ask for support of the Fair and Timely Parole Act – April 19 Script will be provided
ACTION: Sign the letter to state legislators and governor to support the Fair and Timely Parole Act - Apr 26 Talk Points and/or letter will be provided
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FEDERAL LAGISLATION
George Floyd Justice in Policing Act 2021:
HR1280
https://www.usatoday.com/web-stories/whats-in-the-george-floyd-justice-in-policing-act/
https://www.congress.gov/bill/117th-congress/house-bill/1280
PROVISIONS:
Grants power to the Justice Department's Civil Rights Division to issue subpoenas to police departments as part of "pattern or practice" investigations into whether there has been a "pattern and practice" of bias or misconduct by the department[7]
Provide grants to state attorneys general to "create an independent process to investigate misconduct or excessive use of force" by police forces[8]
Establish a federal registry of police misconduct complaints and disciplinary actions[8]
Enhance accountability for police officers who commit misconduct, by restricting the application of the qualified immunity doctrine for local and state officers,[7][9] and by changing the mens rea (intent) element of 18 U.S.C. § 242 (the federal criminal offense of "deprivation of rights under color of law," which has been used to prosecute police for misconduct) from "willfully" to "knowingly or with reckless disregard"[10]
Require federal uniformed police officers to have body-worn cameras[8][4]
Require marked federal police vehicles to be equipped with dashboard cameras.[8]
Require state and local law enforcement agencies that receive federal funding to "ensure" the use of body-worn and dashboard cameras.[4]
Restrict the transfer of military equipment to police[8] (see 1033 program, militarization of police)
Require state and local law enforcement agencies that receive federal funding to adopt anti-discrimination policies and training programs, including those targeted at fighting racial profiling[4]
Prohibit federal police officers from using chokeholds or other carotid holds (which led to the death of Eric Garner), and require state and local law enforcement agencies that receive federal funding to adopt the same prohibition[4]
Prohibit the issuance of no-knock warrants (warrants that allow police to conduct a raid without knocking or announcing themselves) in federal drug investigations, and provide incentives to the states to enact a similar prohibition.[4]
Change the threshold for the permissible use of force by federal law enforcement officers from "reasonableness" to only when "necessary to prevent death or serious bodily injury."[4]
Mandate that federal officers use deadly force only as a last resort and that de-escalation be attempted, and condition federal funding to state and local law enforcement agencies on the adoption of the same policy.[4]