OSI process and policies

OSI's process: Preliminary assessments and investigations

OSI’s scope is defined by Section 70-b of New York’s Executive Law. Effective April 1, 2021, Section 70-b gives OSI  investigative authority and criminal jurisdiction when an officer (as defined by the law) has caused a death, or when there is a question whether an officer has caused a death.

When OSI is notified of an incident, it is not always clear whether all three of these necessary elements exist:

  • a death
  • a defined officer
  • a causal relationship between an officer’s act or omission and the death

It may take time before OSI can determine that all three of these elements exist. If any of these three elements is absent, OSI does not have investigative authority or criminal jurisdiction, and closes the case with a letter reverting jurisdiction back to the local District Attorney.

Death

OSI sometimes receives a notification about a person believed to be “likely” to die. In some cases, the person does not die. When it becomes clear that the person will survive, OSI closes the case. OSI communicates with the district attorney for the county where the incident occurred to confirm that the district attorney will review the matter for any potential criminal conduct.  

A Defined Officer

Officers, as defined by Section 70-b, are police officers and peace officers, which include corrections officers in all jails and prisons in the state, and can be on-duty or off-duty. OSI does not have jurisdiction over federal officers.

Causation

The vast majority of notifications that OSI receives clearly involve a death and a defined officer. When causation is not initially clear, OSI conducts “preliminary assessments.” These assessments often take months to complete. For example, if a person dies from illness in a prison, OSI conducts a preliminary assessment to determine whether the death was caused by the neglect (omission) of a corrections officer. OSI will often:

  • review many hours of video and handwritten logbooks, electronic logs, incident reports, medical records, and autopsy and toxicology reports
  • interview corrections officers, medical staff, incarcerated persons housed near the person who died, and the medical examiner

When OSI closes a case because of a lack of causation, OSI sends a letter to the District Attorney for the county in which the incident occurred.The letter informs the District Attorney that a preliminary assessment shows that the Attorney General does not have investigative authority or criminal jurisdiction in the matter. At this point, jurisdiction reverts to the District Attorney.

OSI Investigations

In some cases, OSI is able to clarify from the start that an officer has caused a death, such as a shooting case. In other cases, OSI establishes through its preliminary assessment that an officer has caused a death. In either of these situations, OSI pursues a full investigation.

At the conclusion of the investigation , OSI must do one of two things:

  • present evidence to a grand jury and obtain an indictment, or
  • issue a public report detailing the investigation and its results, explaining why OSI did not present evidence to a grand jury

OSI must also issue a public report if it presents evidence to a grand jury and the grand jury does not return an indictment.

When OSI closes a case because of a lack of causation, OSI sends a letter (paragraph 2 of Section 70-b) to the District Attorney for the county in which the incident occurred. The letter informs the district attorney that a preliminary assessment shows that the Attorney General does not have investigative authority or criminal jurisdiction in the matter. At this point, jurisdiction reverts to the District Attorney. 

Police camera footage and release policy 

OSI will release body-worn camera and dashboard camera footage obtained during an investigation, over which we have jurisdiction, in a timely manner, when permissible by law. OSI will not wait until the completion of an investigation to release the footage.

The footage may be redacted or withheld, as appropriate, to do the following and other actions:

  • Ensure privacy (interiors of residences or other private spaces, location of domestic-violence programs or shelters, intimate images, images of an individual receiving medical attention, images of documents containing personal identifying information)
  • Comply with federal, state, or local laws
  • Protect confidential sources or witnesses
  • Protect a person's right to a fair trial
  • Protect the identities of victims of sex crimes and domestic violence
  • Protect the privacy, life or safety of any person
  • Avoid undue trauma due to explicit or graphic content
  • Protect the identities of minors
  • Before releasing any camera footage, OSI will give at least 24 hours' notice, when possible, to the following parties:
    • A known family member or next of kin of the deceased
    • Legal counsel for the family or next of kin
    • The police department involved in the incident
    • Any other known entities investigating the incident

The release of this footage is not an expression of any opinion as to the guilt or innocence of any party in a criminal matter, or any opinion as to how or whether any individual may be charged with a crime.

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