N.Y. Executive Law § 214-j: Critical incident policy

* § 214-j. Critical incident policy. 1. As used in this section, the

following terms shall have the following meanings:

(a) "Critical incident" shall mean the following actions when

performed by a member or experienced by a member in the course of

official duties: (i) an action that directly causes serious physical

injury or death to another person or member; (ii) a discharge of a

firearm by a member directed at another person; (iii) a traffic accident

or incident involving a division vehicle, aircraft, or vessel that

results in serious physical injury or death; or (iv) any other incident

deemed appropriate by the superintendent or their designee.

(b) "Serious physical injury" shall mean an injury that, based on the

facts and circumstances reasonably known at the time of the incident,

appears to involve a substantial risk of death or an obvious and severe

impairment of a major bodily function, such that a reasonable person

would conclude the injury is life-threatening or significantly

life-altering, without regard to later medical findings, prognosis, or

outcome. The determination of a "serious physical injury" shall be made

by the superintendent or their designee based on the observable

conditions and available information at the time the supervisor arrives

at the scene of the critical incident, and shall not be affected by

subsequent medical evaluation or recovery. "Serious physical injury"

shall include, but not be limited to, suspected spinal cord injury or

paralysis, severe penetrating head injury, massive blood loss, or loss

of limb.

(c) "Directly involved" shall mean any member who was physically

present within the immediate proximity of a critical incident at the

time it occurred and whose direct exposure to the incident placed the

member within the immediate zone of operational engagement, regardless

of whether the member discharged a weapon or otherwise used force.

(d) "Primary member" means any directly involved member who

justifiably used deadly physical force during the critical incident, or

whose actions during the critical incident appear to be the most

immediate and substantial cause of death or serious physical injury to a

person.

2. The superintendent shall develop, maintain, and disseminate to all

members of the division of state police a critical incident paid leave

policy that provides for paid critical incident leave in accordance with

this section.

3. Such critical incident paid leave policy shall guarantee: (a) paid

critical incident leave of at least twenty calendar days for any primary

member whose official actions were the direct and proximate cause of the

death of another person; (b) paid critical incident leave of at least

ten calendar days for any other member directly involved in the critical

incident; and (c) paid critical incident leave under such other

circumstances the superintendent or their designee determines

appropriate. Such leave shall constitute a separate category of leave

and shall not count against vacation, sick, or personal leave accruals.

Such leave, where appropriate, shall be designated as family and medical

leave act and/or count against a member's workers' compensation leave

entitlement.

4. Critical incident paid leave shall begin as soon as possible after

the critical incident, provided that initial supervisory inquiries of

the involved members shall occur before leave commences. Critical

incident leave may only be delayed to ensure minimum necessary staffing

levels or protect community safety. Delays shall only be as long as

necessary to address such concerns. Upon agreement of the member and the

superintendent or their designee, the member shall be allowed to return

to duty prior to the completion of the period of critical incident

leave.

5. In any case where critical incident paid leave has been made to a

member, and it is thereafter determined that a critical incident did not

occur or that the member's actions that resulted in the serious physical

injury or death of another person were not justified, the superintendent

or their designee may order the deduction of equivalent vacation or

personal leave days and/or the withholding of future paid leave to such

member, provided that the amount of days deducted and/or withheld shall

not be more than the critical incident paid leave days that were

originally provided.

6. The superintendent shall be prohibited from taking any punitive

administrative action against any member granted critical incident leave

under this section solely on the basis of the provision of such leave

unless the leave was provided, at least in part, based upon the member's

fraud, deceit, or misrepresentation.

7. The superintendent is authorized to promulgate rules and

regulations to implement, administer, and enforce the provisions of this

section.

* NB Effective September 24, 2026