Should NY State Troopers Get Paid Leave After Critical Incidents?

Richard Albert spent two decades with the New York State Police without firing his gun. But that all changed in an instant during a 2023 traffic stop along a rural stretch of highway near Schenectady.

Before Albert could say a word, a passenger in the vehicle pointed a handgun through the driver’s window and opened fire. Albert was struck in the arm, returning fire as he radioed for help. The suspect eventually fled into the woods.

Albert was alone for 11 minutes, shouting at the suspect and waiting for backup. He didn’t get back on the job for 13 months.

Now, Albert is advocating for legislation that would require up to 20 days of leave for troopers involved in similar critical incidents, which are defined as official actions that result in the serious physical injury or death of other people.

Albert hopes the first-in-the-nation proposal will encourage and normalize law enforcement officers taking time for mental health recuperation. While Albert didn’t hit the suspect in his shootout, the man was later found dead of a self-inflicted gunshot wound, State Police said.

“It wasn’t just an emotional thing for me that day,” he said. “It was emotional for my family. It was emotional for my wife. It was emotional for my friends, people in the community, people I didn’t know. It reaches out and touches everybody in some certain way.”

A pending bill would direct the State Police to develop a policy that grants leave to employees who are involved in critical incidents.

Troopers who are directly responsible for deaths or injuries would be granted 20 days of paid leave, while others who are indirectly involved would get 15 days of leave. The time is to be taken as soon as possible, though State Police leaders can delay the leave to maintain staffing levels. If officials later determine that a use of force wasn’t justified, State Police leaders could subtract critical incident leave from a trooper’s future vacation.

State Sen. Jeremy Cooney, a Democrat from Rochester who sponsored the bill, said the legislation would increase public safety. He said sometimes law enforcement officers return to duty before they have had time to process traumatic experiences.

“That has a detrimental effect on the community at large because you’ve placed somebody in a position of authority who may not be mentally healthy enough to fully do their job well in protecting the community,” he said.

The measure passed the state Assembly and Senate in June with only one negative vote. The dissenter was state Sen. Jabari Brisport, a Democrat from Brooklyn. He and his aides didn’t respond to requests for comment.

A State Police spokesperson said the agency doesn’t comment on pending legislation. Jessica D’Amelia, a spokesperson for Gov. Kathy Hochul, said she will review whether to sign or veto the measure before the end of the year.

Cooney said the bill only applies to the State Police because the requirement might need negotiation in collecting bargaining agreements at local agencies. The NYPD conducts debriefings with personnel who are involved in critical incidents. The department also offers peer counseling.

New York State Troopers PBA President Charles Murphy said he hopes the new law could be a model both in New York and beyond.

“We do believe this is an opportunity for New York to lead the charge of mental health,” he said.

Albert was wounded in the arm during his shootout with Nelson Troche, a passenger in the gray SUV. Troche was later found dead of a self-inflicted gunshot wound in the woods near Interstate 88, State Police said. Albert was rushed to the hospital and released that day, but he spent months recovering from a torn shoulder ligament related to his wound.

The trooper, who was subsequently promoted, said he felt some stigma in being away that he hoped the proposed law would reduce.

“You know, the longer you’re out, the less you’re going to be welcomed back,” he said. “But I worked through it. I got the answers I wanted and I was welcomed back. I was excited to go back — once I was ready.”

Story by Jimmy Vielkind/New York Public News Network
Jimmy Vielkind covers how state government and politics affect people throughout New York. He has covered Albany since 2008, most recently as a reporter for The Wall Street Journal

Image: Trooper Richard Albert at the New York State Capitol. (Credit: Jimmy Vielkind/New York Public News Network)