Public Awareness
OPDV Bulletin:
In the News: Mandatory Arrest - Eliminate the Sunset Provision
On March 9, Governor Pataki announced his intent to continue the mandatory arrest law. Mandatory arrest is a provision that requires police officers to make an arrest under certain circumstances when responding to a family offense call.
Enacted in 1994 as part of the Family Protection and Domestic Violence Intervention Act, mandatory arrest was created to promote a consistent effective police response across New York State. Subsequent evaluation, documented in yearly interim reports, was undertaken to guide the state in determining whether to continue the provision. The final report represents the joint efforts of researchers from the Division of Criminal Justice Services, OPDV, and the University at Albany, School of Criminal Justice.
The research findings indicate that the presence of mandatory arrest does, in some instances, reduce offender recidivism, particularly when there are other mechanisms for offender accountability beyond the point of arrest. Victim interviews and survey data from police departments indicate strong support for continuing mandatory arrest.
The strength of the mandatory arrest provision lies in its consistent application across the state. Continued training and monitoring are necessary to support consistent charging of offenders and routine off-scene pursuit of offenders who flee before police arrival. Further monitoring is also necessary to ensure that officers are making primary physical aggressor determinations to eliminate dual arrests (arrests of both offender and victim). Court practices need to adapt to the special circumstances attached to domestic violence and support the objectives of victim safety and offender accountability. It is critical that arrest be viewed not as an end in itself, but as a first step in the control of batterers who pose significant danger to their victims.
The Governor introduced Program Bill #6, to remove the sunset. It is anticipated that the Legislature will pass the bill before the July 1 sunset deadline, making mandatory arrest permanent in New York State law.
For more information or to request a copy of the evaluation report, call (518) 457-5800.
